PRITHU @ PRITHI CHAND AND ANR.versusSTATE OF H.P.
2009 INSC 21418 February 2009Dismissed
The appellants Bhola, Prithu and Dharmu were accused of assaulting the deceased Fandi Ram with fists and stones during a quarrel, leading to his death. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I read with Section 34 of the IPC.…
AVIRAL BHATLAversusBHAWNA BHATLA
2009 INSC 21518 February 2009Disposed off
The husband filed transfer petitions seeking to move several matrimonial and criminal matters pending before the Family Court, Gwalior, to this Court. The parties, married in 2006, had been living separately since 2007 and were involved in multiple proceedings including a petition under Section 13 of the Hindu Marriage…
BRIJ NARAIN SINGHversusADYA PRASAD (DEAD) AND ORS.
2008 INSC 21018 February 2008Dismissed
The case involved four separate suits (nos. 97‑100) concerning lands in four villages, all filed under Section 49 of the U.P. Tenancy Act, 1939. A common judgment was delivered, after which the judgment in suit no. 98 attained finality, while appeals against the common judgment in suits 99 and 100 were allowed, resulti…
DINKAR MARUTI JADHAVversusNIVRUTII GANGARAM PAWAR (DEAD)
2008 INSC 6518 January 2008Case Partly allowed
The appellant, Dinkar Maruti Jadhav, sought termination of a tenancy under the Bombay Tenancy and Agricultural Lands Act, 1948, relying on a certificate issued to the deceased landlord under s.88‑C and proceedings initiated under s.33‑B for bonafide requirement and personal cultivation. The landlord died while the s.33…
WORKMEN OF BALMADIES ESTATESversusMANAGEMENT BALMADIES ESTATE AND ORS.
2008 INSC 6818 January 2008Dismissed
Two workmen, Stephen and Nallusami, were charged with theft of a pesticide and dismissed after a domestic enquiry that relied on the testimony of two witnesses who claimed the accused had confessed in their presence. The Labour Court held that the enquiry officer had not properly appreciated the evidence and that there…
PREMKUMARI AND ORS.versusPRAHLAD DEV AND ORS.
2008 INSC 6918 January 2008Disposed off
The deceased, a carpenter, was killed when a truck owned by respondent No.1 and driven by respondent No.2 collided with his bicycle. The widow and minor children of the deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation but exonerated the …
MIS. BLHAR CAUSTIC & CHEMICALS LTD.versusKRIPA PANDEY
2008 INSC 7118 January 2008Case Partly allowed
Kripa Pandey worked as a driver in the Bihar Caustic & Chemicals Ltd. factory during its construction, being engaged by a contractor under the Contract Labour (Regulation and Abolition) Act, 1970. He was terminated in September 1984 and claimed that the termination was illegal, seeking reinstatement and back wages. The…
SHIV DASSversusUNION OF INDIA AND ORS .
2007 INSC 6418 January 2007Disposed off
Shiv Dass, a former Army Medical Corps officer, became 80% disabled in 1982 and was invalidated from service. He applied for a disability pension in 1983, which was rejected, and after an unresponded appeal he filed a writ petition in 2005. The Punjab and Haryana High Court dismissed the petition as belated. On appeal,…
RAM BACHAN RAI AND ORS.versusRAM UDAR RAI AND ORS.
2006 INSC 3318 January 2006Matter referred to larger bench
In Ram Bachan Raj & Ors. v. Ram Udar Rai & Ors., the appellant challenged a Subordinate Judge's order that the limitation period for filing an execution petition under Article 136 of the Limitation Act, 1963 began when the decree became enforceable (i.e., when signed). The appellant relied on several Supreme Court deci…
UNION OF INDIA AND ORS.versusFLIGHT CADET ASHISH RAI
2006 INSC 3418 January 2006Appeal(s) allowed
The respondent, a flight cadet in the Indian Air Force, was repeatedly given opportunities to train in different courses but was terminated each time due to medical unfitness, academic failure and repeated misconduct. After a series of Training Review Boards recommended termination, the Air Headquarters approved the de…
STATE OF PUNJAB AND ORS.versusMOHINDERJIT KAUR
2005 INSC 4118 January 2005Appeal(s) allowed
The State of Punjab appealed against a Punjab and Haryana High Court order that dismissed a writ petition filed by Mohinderjit Kaur, who sought family pension from the date of her husband's death. The High Court had relied on the decision in State of Punjab v. Phulan Rani, a case disposed of by a Lok Adalat and later s…
SHANTI BHUSHAN AND ANR.versusUNION OF INDIA AND ANR.
2008 INSC 145717 December 2008Disposed off
The petitioners filed a public‑interest writ under Article 32 seeking to quash the appointment of a Madras High Court judge, alleging that the appointment as a permanent judge was made without the required collegium consultation and that the judge was unsuitable, as evidenced by repeated extensions of his tenure as an …
SALEEM BHAI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2002 INSC 55417 December 2002Appeal(s) allowed
The plaintiffs filed suits seeking a declaration that several earlier decrees and orders were illegal, null and void. The defendants moved to reject the plaints under Order VII Rule 11 of the Code of Civil Procedure, alleging no cause of action and that the suits were barred by res judicata. The trial court, without de…
M/S. OCL INDIA LTD.versusSTATE OF ORISSA AND ORS.
2002 INSC 55517 December 2002Appeal(s) allowed
M/s OCL India Ltd., a cement manufacturer, was assessed under the Orissa Sales Tax Act for the year 1986-87. The Sales Tax Officer issued an assessment order in 1987, which was later subjected to a show‑cause notice by the Assistant Commissioner in 1995 under delegated revisional power, but the proceedings were dropped…
SHIV CHARAN SINGHversusSTATE OF PUNJAB AND ORS.
2006 INSC 86117 November 2006Dismissed
Shiv Charan Singh appealed to the Supreme Court under Article 136, challenging the Punjab and Haryana High Court's order dismissing his review application against a writ order that had been rejected on the ground of his alleged habitual absenteeism. The High Court had found the petitioner absent for about three years a…
PUNE TAXIMEN'S CONSUMER CO-OPERATIVE SOCIETY LTD.versusTHE REGIONAL TRANSPORT AUTHORITY, BOMBAY AND ORS.
2006 INSC 86217 November 2006Disposed off
The Pune Taximen's Consumer Co-operative Society Ltd. filed a writ petition under Article 226 seeking directions for the Regional Transport Authority (RTA) to implement a sub‑committee's recommendations and a resolution dated 4‑Feb‑2004, and to shift its members to specific parking slots (Gala Nos. P‑49 to P‑52) within…
PUNJAB STATE ELECTRICILY BOARDversusDARBARA SINGH
2005 INSC 56917 November 2005Appeal(s) allowed
The Punjab State Electricity Board appointed the respondent as a daily‑wage peon for a series of specific, conditional periods, ending when a regular employee was hired. After the appointment ended in June 1989, the respondent filed a demand for reinstatement in 1997; the Labour Court ordered reinstatement with back wa…
KISHORE CHANDRA SAMALversusTHE DIVISIONAL MANAGER. ORISSA STATE CASHEW DEVELOPMENT CORPORATION LTD. DHENKANAL
2005 INSC 57117 November 2005Dismissed
Kishore Chandra Samal was repeatedly appointed as a junior typist on a daily wage (N.M.R.) basis for specific fixed periods by the Orissa State Cashew Development Corporation. After the last fixed-term appointment expired on 3 May 1989, no further extension was given and his service automatically ceased. He claimed tha…
DIRECTOR GENERAL DOORDARSHAN MANDI HOUSE, NEW DELHI AND ORS.versusMANAS DEY AND ORS.
2005 INSC 57217 November 2005Appeal(s) allowed
The appellants challenged the entitlement of the respondents to "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993. The respondents, who had worked as casual labourers from 1988 to 1997, claimed that they satisfied the scheme’s requirement of at least one year of c…
STATE OF PUNJAB AND ORS.versusM/S CHHABRA RICE MILLS AND ORS
2005 INSC 57417 November 2005Dismissed
The State of Punjab appealed against Mis Chhabra Rice Mills challenging the levy of purchase tax on the market fee charged to buyers under the Punjab General Sales Tax Act, 1948. The issue was whether the market fee, paid to the market committee, forms part of the turnover for tax purposes. The Court examined the defin…
K. HASHIMversusSTATE OF TAMIL NADU
2004 INSC 65017 November 2004Dismissed
The appellants K. Hashim and another were convicted for counterfeiting US dollar notes, possession of counterfeit currency, and possession of materials used for counterfeiting under Sections 489A, 489C, 489D and for criminal conspiracy under Section 120B of the IPC. The conviction was based largely on the confessional …
STATE OF PUNJABversusGURDEV SINGH & ORS.
2008 INSC 117317 October 2008Dismissed
The State of Punjab charged six accused with murder under IPC s.302 read with s.34, alleging that after a jeep deliberately struck the deceased's scooter, the accused assaulted him with rods and hockey sticks, leading to his death after 55 days. The trial court convicted four of the accused, but the Punjab and Haryana …
COMMISSIONER OF INCOME TAX, RAJKOTversusM/S GUJARAT SIDDHI CEMENT LTD.
2008 INSC 117417 October 2008Disposed off
The Commissioner of Income Tax, Rajkot appealed against M/s Gujarat Siddhi Cement Ltd.'s claim of an investment allowance for additional costs incurred on plant and machinery due to foreign exchange rate fluctuations for the assessment year 1993-94. The assessing officer disallowed the claim, holding that the assets we…
STATE OF RAJASTHANversusNARAYAN
2008 INSC 117517 October 2008Dismissed
The State of Rajasthan charged Narayan with murdering his wife, alleging he killed her because she was pregnant by another man. Both were found with cut throats, Narayan alive, and the weapon was discovered under the wife's clothing. The trial court convicted him under IPC sections 302, 316 and 309, but the Rajasthan H…
VIRENDRA @ BUDDHU & ANR.versusSTATE OF U.P.
2008 INSC 117617 October 2008Dismissed
The case involves the murder of Rameshwar Dayal on 5 October 1979, for which three men—Virendra (Buddhu), Ram Asrey (Tami) and Girish Chandra (Gappu)—were charged under Sections 302, 34 and 307 of the IPC. The deceased's wife (PW‑1) and daughter (PW‑2, a 14‑year‑old girl) were eye‑witnesses and identified the accused. …
KAPIL DEO SINHAversusKIRANDEO PRASAD & ANR.
2008 INSC 117717 October 2008Dismissed
The incident occurred on 25 March 1978 when six accused, including Kirandeo Prasad, attacked a group in a dalan, resulting in the death of Sukhu Mahton. The trial court convicted Kirandeo Prasad under Section 302 IPC and sentenced him to life imprisonment, acquitting the other five accused. On appeal, the Patna High Co…
N. NAVEEN KUMAR AND ORS.versusSTATE OF A.P.
2008 INSC 117817 October 2008Dismissed
The accused, a government servant, was convicted under Section 5(1)(e) and 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. The trial court sentenced him to one year imprisonment, imposed a fine, and ordered that four specified assets be auctioned with proceeds …
N. RAMAKRISHNAIAH (DEAD) THR. LRS.versusSTATE OF A.P.
2008 INSC 117917 October 2008Dismissed
The appellant, a former Executive Engineer in the Andhra Pradesh Panchayat Raj Department, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to one year imprisonment, i…
STATE OF PUNJABversusBAKHSHISH SINGH & ORS.
2008 INSC 118017 October 2008Dismissed
The State of Punjab prosecuted four accused—Bakhshish Singh, Balbir Singh, Balraj Singh and Gurmeet Kaur—for the death of Mangal Singh. The prosecution alleged that the accused, after a quarrel, held the deceased while Balraj Singh delivered a single blow that caused fatal head injuries. The trial court convicted all f…
T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2006 INSC 70417 October 2006Disposed off
The Supreme Court examined a public‑interest litigation concerning the proposed International Hotel Complex on 315 hectares in Vasant Kunj, Delhi. Earlier orders had declared 92 hectares of the site a "constraint area" and required environmental clearance under the Environment (Protection) Act, 1986 before any construc…
FOOD CORPORATION OF INDIA, KAKINADA REP. BY DISTRICT MANAGERversusYARLAGADDA NARAYANA APPARAO AND ORS.
2008 INSC 105117 September 2008Disposed off
The Food Corporation of India appealed against a judgment of the Andhra Pradesh High Court that had allowed revisions filed by the respondents, Yarlagadda Narayana Apparao and others, on the question of interest payable on solatium under Section 23(2) of the Land Acquisition Act, 1894. The High Court had held that the …
NATIONAL INSURANCE CO. LTD.versusVIDHYADHAR MAHARIWALA & ORS.
2008 INSC 105217 September 2008Appeal(s) allowed
The case concerned a motor accident on 11 June 2004 in which the driver’s licence had lapsed at the time of the crash. The Motor Accident Claims Tribunal awarded Rs.4,03,650 to the claimant, but the insurer, National Insurance Co., refused to pay, arguing that the driver was not holding a valid licence and therefore th…
ORIENTAL INSURANCE CO. LTD.versusSYED IBRAHIM & ORS.
2007 INSC 93017 September 2007Case Partly allowed
A seven‑year‑old child died in a lorry accident on 20‑Nov‑1994. The Motor Accidents Claims Tribunal awarded Rs 51,500 compensation, which the Karnataka High Court enhanced to Rs 1,52,000 and directed the insurer, Oriental Insurance Co., to indemnify the award. The insurer appealed, contending that the driver was not li…
RAJEEV HITENDRA PATHAN AND ORS.versusACHYUT KASHINATH KAREKAR AND ANR.
2007 INSC 93117 September 2007Matter referred to larger bench
The appeal concerned whether a State Consumer Disputes Redressal Commission can restore a complaint dismissed for default. The appellant argued that the Supreme Court’s decision in Jyotsana v. Bombay Hospital Trust denied such power to State Commissions, while the National Commission relied on New India Assurance Co. L…
BOODIREDDY CHANDRAIAH AND ORS.versusARIGELA LAXMI AND ANR.
2007 INSC 93217 September 2007Appeal(s) allowed
The appellants challenged a second appeal allowed by the Andhra Pradesh High Court under Section 100 of the Code of Civil Procedure, alleging that the High Court failed to formulate a substantial question of law as required by the amended provision. The Supreme Court examined whether a second appeal can be entertained …
STATE OF JHARKHAND AND ORS.versusMANSHU KUMBHKAR
2007 INSC 93317 September 2007Appeal(s) allowed
The State of Jharkhand appointed several Class III and IV employees, including the respondent Manshu Kumbhkar, without complying with the administrative instructions dated 3‑12‑1980, which required advertisement, a selection committee, and recruitment through the district employment exchange. The appointments were late…
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA AND ANR.versusEKTA MAHILA MANDAL AND ANR.
2007 INSC 93417 September 2007Appeal(s) allowed
The charitable trust Ekta Mahila Mandal constructed rooms and a playground on a 770 sq.m plot in the N‑7 sector of CIDCO, which was earmarked as a green belt under the development plan. The trust sought regularisation of the plot for a primary school, invoking Article 21A of the Constitution as a fundamental right to e…
PRADEEP KUMAR@ PRADEEP KUMAR VERMAversusSTATE OF BIHAR AND ANR.
2007 INSC 84217 August 2007Disposed off
The appellant, Pradeep Kumar, was charged under Sections 376 and 406 IPC for having sexual relations with the complainant on a promise to marry her. The complainant alleged that the promise was a false pretense to obtain consent, and the trial court framed charges which the appellant sought to discharge. The Supreme Co…
M/S. IBEX GALLAGHER PVT. LTD. AND ANR.versusCOMMISSIONER OF CENTRAL EXCISE, BANGALORE
2007 INSC 84317 August 2007Disposed off
Ibex Gallagher Pvt. Ltd. assembles a solar electric power fencing system at various sites using a mix of duty‑paid and bought‑out components. The Commissioner of Central Excise held that the assembly creates a new product distinct from its parts, classifying it under tariff sub‑heading 8543.90 and levying excise duty, …
UNION OF INDIA AND ORS.versusK.G.SONI
2006 INSC 51217 August 2006Appeal(s) allowed
The respondent K.G. Soni, a store attendant in the Bank Note Press, was charged with misconduct for not disclosing his first wife's name on an attestation form and for marrying a second woman while his first marriage subsisted. A departmental inquiry under the Central Civil Services (Clarification, Control and Appeal) …
STATE OF MAHARASHTRA AND ORS.versusR.S. BHONDE AND ORS.
2005 INSC 36317 August 2005Case Partly allowed
Daily‑wage workers at Punjabrao Krishi Vidyapeeth performed permanent‑nature work continuously and alleged that they were being kept as temporary to deny them permanent benefits, invoking unfair labour practice provisions. The Industrial Court held that the university was guilty of unfair practice and directed it to re…
Y. ABRAHAM AJITH AND ORS.versusINSPECTOR OF POLICE, CHENNAI AND ANR.
2004 INSC 45417 August 2004Leave Granted & Allowed
The appellants challenged the jurisdiction of a Chennai Metropolitan Magistrate to try a complaint alleging offences under Sections 498A, 406 IPC and the Dowry Act, arguing that no part of the cause of action arose within the magistrate's local area. The High Court dismissed their Section 482 application, holding the m…
KANDASWAMYversusSTATE OF TAMIL NADU
2008 INSC 83917 July 2008Appeal(s) allowed
The appellant Kandaswamy was convicted by the trial court for murder under Section 302 of the Indian Penal Code after allegedly cutting the deceased Alagarsamy, leading to his instantaneous death. On appeal, the central issue was whether the facts satisfied the legal requirements for murder or merely culpable homicide …
ASRAF ALIversusSTATE OF ASSAM
2008 INSC 84017 July 2008Case Allowed
The appellant Asraf Ali was charged with murder of Khairul Hoque and was convicted by the trial court under IPC s.304(Part I) and later by the High Court under s.304(Part II). The conviction was based on circumstantial evidence, but the Supreme Court observed that during the examination under Section 313 of the CrPC th…
M/S. SUMANGALIversusREGIONAL DIRECTOR, E.S.I. CORPORATION
2008 INSC 84117 July 2008Dismissed
The Supreme Court considered appeals by three textile-related entities challenging the Employees' State Insurance Corporation's decision to club them with other establishments for ESI coverage. The lower courts had found that the units shared a common entrance, staircase, office space, electricity, financial ledger, an…
MOHD. YASEENversusSTATE OF U.P.
2007 INSC 75817 July 2007Disposed off
Mohd. Yaseen was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to one year of rigorous imprisonment. His appeal was dismissed and a revision petition before the Allahabad High Court was also rejected. He filed a petition under Section 482 of the Code of Criminal Proced…
MAULANA NASEERUDDLN MOHD. HANEEFUDDLNversusSTATE OF GUJARAT
2007 INSC 75917 July 2007Dismissed
The appellant, Maulana Naseeruddin, was charged under the Prevention of Terrorism Act, 2002 (POTA) and the IPC for allegedly conspiring to murder Hindu leaders by training youths in Pakistan. A confessional statement was recorded by the DCP under Section 32 of POTA on 7 November 2004, which the appellant retracted afte…
STATE OF J & K AND ORS.versusSAJAD AHMED MIR
2006 INSC 43617 July 2006Appeal(s) allowed
The applicant, Sajad Ahmed Mir, sought a compassionate appointment after his father, a government employee, died in service in 1987. His application was made in 1991, rejected in 1996, and he did not challenge the decision until filing a writ petition in 1999. The single judge dismissed the petition on grounds of delay…
ADMINISTRATOR, B.S.R.T.C.versusRANJANA MAJHI AND ORS.
2006 INSC 44017 July 2006Case Partly allowed
An accident caused the death of Basudev Majhi involving a vehicle of the B.S.R.T.C. corporation and a police jeep. The Motor Vehicles Claims Tribunal, applying Section 166 of the Motor Vehicles Act, awarded Rs.2,30,400 in compensation and directed the corporation and the Superintendent of Police, Burdwan to each pay ha…
EKTA SHAKTI FOUNDATIONversusGOVT. OF NCT OF DELHI
2006 INSC 44117 July 2006Dismissed
The Delhi Government framed a scheme under the Integrated Child Development Service (ICDS) to supply supplementary nutrition through Anganwadi Centres, inviting NGOs with at least three years of registration to apply. Three NGOs challenged the three‑year eligibility rule, arguing it was irrational, violated Article 14’…
STATE OF PUNJAB AND ORS.versusJASBIR SINGH AND ORS.
2006 INSC 44217 July 2006Appeal(s) allowed
The respondents, originally teachers in the Punjab Education Department, were appointed on deputation and transfer as lecturers under Government Order No. 22/7/90 and a subsequent order dated 3 August 1990. The order expressly stated that such officers would serve in their existing pay scale and would not be entitled t…
ASHOK KUMAR THAKURversusUNION OF INDIA AND OTHERS ETC.
2007 INSC 62317 May 2007Matter referred to larger bench
Ashoka Kumar Thakur filed writ petitions challenging the 93rd Constitution Amendment (which inserted Article 15(5)) and the Central Educational Institutions (Reservation in Admission) Act, 2006. The Union of India argued that the matters raised substantial questions of law and constitutional interpretation, invoking Ar…
SOHEL MEHABOOB SHAIKHversusSTATE OF MAHARASHTRA
2009 INSC 54817 April 2009Disposed off
The appellant, a husband, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 34 of the Indian Penal Code, while being acquitted of a dowry‑related charge under Section 498A. The prosecution relied on three circumstances: the wife’s unnatural death, the fact that th…
SATISH @ DHANNAversusSTATE OF M.P. & ORS.
2009 INSC 54917 April 2009Appeal(s) allowed
Satish @ Dhanna, born on 12‑11‑1980, was convicted under IPC sections 147, 148, 149 and 302 for offences committed when he was under 18 years of age. The appeal questioned whether, after the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force, he could be treated as a juvenile and enjoy its pro…
RAMESHAN P.O. & ORS.versusRAKESH KUMAR YADAV & ANR.
2009 INSC 55017 April 2009Disposed off
The appellants, accused of a cognizable offence, filed a revision before the Sessions Judge challenging an order under Section 156(3) of the CrPC directing registration of an FIR. The Allahabad High Court allowed the revision under Sections 397 and 401 but disposed of the application without issuing notice to the accus…
P. LIAQUAT ALI KHANversusSTATE OF ANDHRA PRADESH
2009 INSC 55117 April 2009Dismissed
The appellant, P. Liaquat Ali Khan, was accused of kidnapping a three‑year‑old girl named Keerthi and demanding a ransom of Rs 1 crore and Rs 75 lakhs, as evidenced by letters (Ex P2 and P3). The child was later recovered from a house after the accused collected the ransom bag from a culvert and was apprehended by poli…
V.RAMASWAMYversusRAMACHANDRAN & ANR
2009 INSC 55317 April 2009Disposed off
The Madras High Court allowed a second appeal under Section 100 of the Code of Civil Procedure without formulating any substantial question of law, which the appellant challenged. The Supreme Court examined whether the High Court was justified in disposing of the appeal without such formulation, as mandated by Section …
U.P. STATE SUGAR & CANE DEVELOPMENT LTD.versusRAZA BULAND SUGAR CO.LTD. AND ORS
2009 INSC 54717 April 2009Disposed off
The case concerned the interpretation of clause (vi) of Section 2(h) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, which defines a "scheduled undertaking" to include certain lands and buildings. Raza Buland Sugar Co. sought a declaration that several properties listed in its plaint were not covered b…
U .P. POWER CORPORATION LTD. AND ANR.versusBIJLI MAZDOOR SANGH AND ORS.
[2007] 5 S.C.R. 25617 April 2007Appeal(s) allowed
U.P. Power Corporation Ltd terminated two daily‑wage Chowkidars in 1979. The Industrial Tribunal held the termination illegal under s.25‑F of the Industrial Disputes Act, 1947 and s.6‑N of the U.P. Industrial Disputes Act, 1947, ordered their reinstatement and deemed them regularised after three years. The High Court d…
DIRECTOR, FOOD AND SUPPLIES, PUNJAB AND ANR.versusGURMIT SINGH
2007 INSC 43117 April 2007Appeal(s) allowed
Gurmit Singh was employed as a daily‑wage chowkidar by the Director, Food and Supplies, Punjab from 1 June 1985 until his termination on 25 August 1986 without notice or compensation. He invoked the Industrial Disputes Act, 1947 before the Labour Court, which found he had worked more than 240 days and ordered his reins…
TRANSMISSION CORPN., A.P. LTD. AND ORS.versusP. RAMACHANDRA RAO AND ANR.
2006 INSC 23017 April 2006Appeal(s) allowed
The respondents, who retired on 30 April 1990, sought parity in pension and terminal benefits with employees retiring on or after 1 July 1990, arguing that the corporation's pay‑scale revision dated 1 July 1990 discriminated against them. The corporation relied on a Memorandum of Settlement executed under Section 12(3)…
BALAKRISHNANversusMALAIYANDI KONAR
2006 INSC 9417 February 2006Dismissed
Balakrishnan, the decree holder, purchased the judgment debtor's property in a court auction in 1981 and the sale was confirmed in 1983. He later filed an application for delivery of possession, which the trial court ordered in his favour. The respondent challenged the order, arguing that the application was filed beyo…
H.U.D.AversusPREM KUMAR AGARWAL & ANR.
2008 INSC 6117 January 2008Case Partly allowed
The Haryana Urban Development Authority (HUDA) appealed against the National Consumer Disputes Redressal Commission's (NCDRC) award of interest at 18% per annum on compensation for an alternative plot allotted after the original plot could not be delivered. The issue was whether a uniform 18% rate was appropriate or if…
REGIONAL MANAGER UTTARANCHAL RD. TPT. CORPN.versusTHAN SINGH & ANR.
2008 INSC 6217 January 2008Case Allowed
The case involved a bus conductor employed by the Regional Manager Uttarakhand Road Transport Corporation who collected fares from twenty passengers but failed to issue tickets or record their details in the way‑bill. During a checking operation the transport inspector directed the conductor to issue the tickets and ma…
THE NEW INDIA ASSURANCE COMPANY LIMITEDversusSMT. KALPANA & OTHERS
2007 INSC 6117 January 2007Case Partly allowed
The deceased, Vijay Singh Dogra, aged 33, died in a road accident caused by a parked truck violating traffic rules. His dependents filed a claim under Section 173 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal dismissed the claim, attributing negligence to the deceased, but the Hig…
STATE OF GUJARAT AND ANR.versusAKSHA Y ARUTLAL THAKKAR
2006 INSC 2917 January 2006Appeal(s) allowed
The respondents, appointed as Home Guard Commandants under the Bombay Home Guards Act, 1947, were disengaged after the authorities found they had violated the political‑neutrality undertaking required by the Notification dated 17‑April‑1993. The State of Gujarat contended that the disengagement orders were lawful, rely…
MOST. ETWARI DEVI AND ORS.versusMOST. PARVATI DEVI
2006 INSC 3017 January 2006Appeal(s) allowed
The husband of appellant No.1 (Nunu Mahto) filed a suit for specific performance against the respondent for failure to return sale deeds, claiming he was ready to pay the consideration. After his death, his heirs substituted as plaintiffs. The trial court decreed specific performance, which was affirmed by the first ap…
KANCHAN AND ORS.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.
2006 INSC 3117 January 2006Dismissed
The Supreme Court examined whether permits granted by the Uttar Pradesh State Transport Authority (STA) under Section 68(3)(b) of the Motor Vehicles Act, 1988 were legally valid. The STA had issued 48 permits without any applications, on the same day it purportedly assumed the power to grant permits, and without issuin…
MALIYAKKAL ABDUL AZEEZversusASSISTANT COLLECTOR, KERALA AND ANR.
2003 INSC 2017 January 2003Dismissed
Maliyakkal Abdul Azeez was convicted under Section 135(1) of the Customs Act for smuggling gold and sentenced to three years' rigorous imprisonment, later reduced to two years. He had earlier been detained for two years under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), a …
STATE OF ORISSAversusSUKRU GOUDA
2008 INSC 144016 December 2008Disposed off
The State of Orissa appealed the acquittal of Sukru Gouda, who had been convicted by a trial court for raping his wife, PW1, under IPC s.376 and the SC/ST Atrocities Act. The High Court set aside the conviction, relying on the absence of medical injuries and the notion that a single man could not rape a healthy adult w…
YANKAPPA AND ORS.versusSTATE OF KARNATAKA
2008 INSC 144116 December 2008Case Partly allowed
The case arose from a land dispute that led to a group assault on Mahadevappa, resulting in his death. The trial court convicted Yankappa (A1) under Section 302 read with Section 149 IPC and A2‑A6 under Section 304 Part I read with Section 149, acquitting A7‑A15. The Karnataka High Court upheld A1's conviction, altered…
R. SENTHIL BABUversusSTATE OF TAMIL NADU AND A,NR.
2008 INSC 144216 December 2008Dismissed
The petitioners challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998 which raised tax rates for contract carriage, alleging that the increased levy imposed an uneven burden compared to stage carriage and violated Article 14's principle of proportionality. The High Court dismissed the writ petition, a…
SONEPAT COOPERATIVE SUGAR MILLS LTD.versusRAKESH KUMAR
2005 INSC 63116 December 2005Dismissed
Sonepat Cooperative Sugar Mills Ltd. employed Rakesh Kumar on daily wages in its computer department from 1 July 1998 to 31 August 1999 and later terminated his services. Kumar claimed the termination violated Section 25F of the Industrial Disputes Act, 1947 because he had worked more than 240 days in the preceding yea…
DAMOH PANNA SAGAR RURAL REGIONAL BANK AND ANR.versusMUNNA LAL JAIN
2004 INSC 71816 December 2004Appeal(s) allowed
The employee, Munna Lal Jain, while temporarily acting as branch manager of Damoh Panna Sagar Rural Regional Bank, withdrew Rs.25,000 without authority and later repaid it with 24% interest. The disciplinary authority dismissed him, and the High Court directed the Board to reconsider the punishment, ordering that dismi…
BIJLI COTTON MILL (UNIT OF NATIONAL TEXTILE CORPORATION U.P. LIMITED)versusU.P. POWER CORPORATION LIMITED & ORS.
2007 INSC 115916 November 2007Appeal(s) allowed
The Bijli Cotton Mill, a unit of National Textile Corporation (NTC), ceased production in 1992 and its electricity supply was disconnected. The mill was placed under the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985, and a scheme was approved…
KRISHI UTPADAN MANDI PARISHAD AND ANR.versusI.T.C. LTD.
2006 INSC 85416 November 2006Disposed off
The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who ordered a fresh decis…
KERALA STATE ELECTRICITY BOARDversusHINDUSTAN CONSTRUCTION CO. LTD. AND ORS.
2006 INSC 85516 November 2006Dismissed
The Kerala State Electricity Board (KSEB) entered into a contract with Hindustan Construction Co. Ltd. (HCC) for a power tunnel, later extending the time for completion and receiving a claim for compensation for work done during the extension. An ad‑hoc committee recommended payment of Rs.808.26 lakhs, which the Board …
MUNSHI SINGH GAUTAM (D) AND ORS.versusSTATE OF M.P.
2004 INSC 64816 November 2004Disposed off
The case concerned the custodial death of Shambhu Tyagi after alleged police beating at Shahjahanabad police station, leading to the conviction of five police officers under Sections 304 Part I, 330 and 201 IPC. On appeal, the Supreme Court examined whether the lack of a test identification parade invalidated the eyewi…
STATE OF M.PversusMAKHAN @ MADAN & ORS.
2008 INSC 115916 October 2008Dismissed
The State of Madhya Pradesh charged Makhan (Madam) and others with murder under Sections 148, 302 read with 149 of the IPC, alleging they assaulted the deceased with sticks and rods, leading to his death. The trial court convicted them, but the Madhya Pradesh High Court acquitted them, discarding the testimony of eye‑w…
RENU KUNTA MALLAIAHversusSTATE OF A.P.
2008 INSC 116016 October 2008Appeal(s) allowed
The appellant, a driver of an APSRTC bus, was convicted under Section 304-A of the Indian Penal Code for allegedly driving rashly and fatally striking a boy on 9 November 1994. The prosecution's case relied on the testimony of three eyewitnesses (PW‑4, PW‑5, and PW‑11) who gave conflicting accounts regarding the bus nu…
SMT. RACHNAversusJAYESH
2008 INSC 116116 October 2008Disposed off
Smt. Rachna filed a transfer petition before the Supreme Court seeking transfer of several pending civil and criminal matrimonial cases to the Supreme Court Lok Adalat. The matters were listed before the Lok Adalat on 5 September 2008, where mediation led to a comprehensive settlement covering apologies, monetary payme…
SAIRA @ RUHIversusATHAR ABBAS
2008 INSC 116216 October 2008Disposed off
In Transfer Petition (C) No. 25 of 2008, Saira sought transfer of a matrimonial dispute involving criminal and civil proceedings against Athar Abbas. The Supreme Court directed the matter to be listed before its Lok Adalat, where mediators facilitated a settlement. The parties agreed to withdraw all pending complaints,…
SMT SEEMA BANSALversusDR. MAYANK BANSAL
2008 INSC 116316 October 2008Disposed off
The Supreme Court, sitting as a Lok Adalat, facilitated a settlement between Seema Bansal and Mayank Bansal concerning their matrimonial dispute. The parties agreed that the father would pay Rs.10 lakh for the maintenance of their daughter in four instalments, keep the amount in a fixed deposit, and also pay a monthly …
SUNILversusSTATE OF MAHARASHTRA
2008 INSC 116516 October 2008Appeal(s) allowed
The appellant Sunil, originally accused No.6, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 149 of the Indian Penal Code, along with several other offences, based primarily on the testimony of two eyewitnesses. The prosecution alleged that Sunil had caught hol…
STATE OF M.P.versusWAZIR KHAN & ANR.
2008 INSC 115816 October 2008Dismissed
The State of Madhya Pradesh charged Wazir Khan and another accused with murder under Section 302 read with Section 34 of the IPC for allegedly throwing a petrol bomb at the deceased. The trial court convicted them, but the High Court acquitted, holding that the medical evidence did not support the prosecution’s version…
THE COMMANDANT, 68, BN. BSF GAKULNAGARversusSHRI ARJUN DAS AND ANOTHER
2006 INSC 70216 October 2006Appeal(s) allowed
On 31 December 1998, a Border Security Force (BSF) Assistant Commandant intercepted a jeep near the Indo‑Bangladesh border carrying 44 bags of sugar and arrested the driver for failing to produce transport documents. The seized sugar was handed to the customs inspector and the driver was produced before a Sub‑Divisiona…
INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ANR.versusSAN TOSH
2006 INSC 70316 October 2006Appeal(s) allowed
The widow of a deceased casual labourer filed a claim for family pension, arguing that her husband should be deemed regularized on the date of his death. The Central Administrative Tribunal (CAT) held that despite his temporary status under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 199…
LAKHWANT SINGHversusJASBIR SINGH AND ORS.
2008 INSC 104616 September 2008Appeal(s) allowed
The respondents were charged with theft for allegedly taking possession of a complainant's land while executing a warrant of possession. They filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the FIR. The Punjab and Haryana High Court, without detailed reasoning, quash…
STATE BY INSPECTOR OF POLICE, TAMILNADUversusN. RAJAMANICKAM AND ORS.
2008 INSC 105016 September 2008Dismissed
The State appealed a Madras High Court judgment that acquitted several accused in a murder case and dismissed a revision petition filed by the informant. The trial court had convicted six of the sixteen accused, but the High Court set aside those convictions, citing a delayed receipt of the FIR and related documents, t…
ANIL KUMARversusSTATE OF U.P.
2004 INSC 52416 September 2004Dismissed
Three men were tried for murder under IPC sections 302 and 34. The trial court acquitted all of them, relying on the claim of self‑defence and the prosecution’s failure to explain minor injuries on the accused. The State appealed; during the pendency two accused died and the High Court re‑appreciated the evidence, conv…
RANI KUSUMversusKANCHAN DEVI AND ORS.
2005 INSC 36216 August 2005Dismissed
The appellant challenged the trial court’s acceptance of the respondent’s written statement, which was filed on 10 July 2004, well beyond the 30‑day normal period and the 90‑day maximum period prescribed under Order VIII, Rule 1 of the Code of Civil Procedure (CPC) as amended by the 2002 Amendment Act. The appellant ar…
STATE OF A.P.versusFARMERS SERVICE COOP. SOCIETY AND ORS.
2004 INSC 45016 August 2004Leave Granted & Allowed
The State of Andhra Pradesh filed a criminal complaint against Farmers Service Cooperative Society and others under Section 7(1) of the Essential Commodities Act for allegedly supplying sub‑standard zinc sulphate. The charge‑sheet was filed about two years after the alleged offence, and the respondents moved a petition…
CHAMAN LALversusSTATE OF U.P. AND ANR.
2004 INSC 45116 August 2004Leave Granted & Allowed
The appellant State of U.P. challenged the Allahabad High Court's order granting bail to respondent No.2, who was accused of murdering a money‑lender under Sections 302 and 120B IPC. The High Court had granted bail on the ground that the accused's name was not mentioned in the FIR, without recording any reasons. The Su…
GANESHPRASAD BADRINARAYAN LAHOTI (D) BY LRS.versusSANJEEVPRASAD JAMNAPRASAD CHOURASIYA AND ANR.
2004 INSC 45216 August 2004Leave Granted & Allowed
The landlord sued the tenant for possession of a property on the ground of unauthorised sub‑letting and obtained a decree. The tenant appealed, but died while the appeal was pending. His heirs, unaware of the appeal, learned of it only when the advocate wrote a letter and promptly filed an application under Order 22 Ru…
PUNJAB NATIONAL BANK AND ORS.versusASHWINI KUMAR TANEJA
2004 INSC 45316 August 2004Leave Granted & Allowed
The father of the respondent, a Class IV employee of Punjab National Bank, died while in service, leaving his widow and children. The respondent applied for a compassionate appointment under the Bank's scheme, but the Bank rejected the request, stating that the family had received substantial retrial benefits and there…
KULDEEP SINGHversusSTATE OF HIMACHAL PRADESH
2008 INSC 83716 July 2008Dismissed
The appellant, Kuldeep Singh, was the driver of a truck carrying a marriage party of about fifty people when the vehicle allegedly lost control, rolled over and caused the death of four persons and injuries to many others. He was acquitted by the trial court, but the Himachal Pradesh High Court convicted him under Sect…
STATE OF PUNJABversusKULWANT SINGH @ KANTA
2008 INSC 83316 July 2008Dismissed
The State of Punjab prosecuted Kulwant Singh (alias Kanta) for three murders and one attempt to murder that occurred in a marriage palace, leading the trial court to convict him under IPC s.302 and s.307 and award death. The High Court acquitted him, citing irregularities such as a month-long delay in recording the sol…
KASHI PRASADversusSTATE OF UTTAR PRADESH
2008 INSC 83416 July 2008Case Partly allowed
The case arose when the informant’s bullocks strayed into the field of Kashi Prasad, leading to a verbal altercation that escalated into a physical fight. During the scuffle Kashi Prasad struck the deceased Lachhi Ram with a spear, causing injuries that proved fatal. The trial court convicted the appellant under Sectio…
HARIJAN MANGRI SIDDAKKA AND ORS.versusORIENTAL INSURANCE CO. LTD. AND ANR.
2008 INSC 83816 July 2008Case Allowed
The appellants filed a claim for compensation under the Workmen's Compensation Act for workmen who died when a large quantity of mud collapsed from a quarry while being loaded onto a tractor‑trailer. The Commissioner held the accident occurred in the course of employment and the insurer was liable, but the Karnataka Hi…
HARIDAS DASversusSMT. USHA RANI BANIK & ORS.
2007 INSC 75716 July 2007Disposed off
Haridas Das filed an interim application in Civil Appeal No. 7948/2004 making serious allegations of corruption and immorality against the Chief Justice of India and several other judges. The Supreme Court issued a show‑cause notice, and the applicant’s reply contained even more contemptuous statements, prompting the C…
MAYURAM SUBRAMANIAN SRINIVASANversusCBI
2006 INSC 37416 June 2006
The appellants filed criminal appeals under Section 10 of the Special Courts (Trial of Offences Relating to Transaction in Securities) Act, 1992, but had not surrendered to their sentences. The Court examined whether Order XXI Rule 13A of the Supreme Court Rules, 1966, which requires surrender before an appeal can be p…
HARI SINGHversusTHE STATE OF U.P.
2006 INSC 37516 June 2006Dismissed
Hari Singh filed a writ petition under Article 32 of the Constitution seeking a direction to the Central Bureau of Investigation to probe the murder of his son, Yashvir Singh, alleging that the police had ignored the FIR due to pressure from influential persons. The Supreme Court examined whether such a petition is mai…
LATU MAHTO & ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)
2008 INSC 69616 May 2008Appeal(s) allowed
The State prosecuted eleven accused, including Latu Mahto, for the murder of Budhu Mahto and related assaults, alleging they formed an unlawful assembly under Section 149 IPC. The trial court convicted all accused under Sections 302/149 IPC and sentenced them to life imprisonment. On appeal, the accused contended that …
VENKATESANversusSTATE OF TAMIL NADU
2008 INSC 68816 May 2008Appeal(s) allowed
The appellant A2 was convicted under Section 302 IPC for the murder of Rajendran based largely on the testimony of witnesses who claimed to have seen the deceased with the accused on a Tuesday, without specifying the exact date. The trial court and the Madras High Court upheld the conviction despite the long gap betwee…
MOHAN ANNA CHAVANversusSTATE OF MAHARASHTRA
2008 INSC 68916 May 2008Dismissed
Mohan Anna Chavan was convicted of kidnapping, raping and murdering two minor girls aged five and ten. The prosecution relied on a chain of circumstantial evidence, including the victims' last seen with the accused, his extra‑judicial confession, forensic matches of blood on his clothes and nail clippings, and recovery…
N.R. MONversusMD. NASIMUDDIN
2008 INSC 70016 May 2008Appeal(s) allowed
The respondent, a truck driver, was intercepted with 163 kg of ganja and arrested under the NDPS Act. He was released on bail by a Special Judge and the High Court upheld the bail, despite the bail application being filed under Section 437 of the CrPC and Section 37(b)(ii) of the NDPS Act. The appellant contended that …
STATE OF KARNATAKAversusCHIKKAHOTTAPPA @ VARADE GOWDA & ORS.
2008 INSC 69016 May 2008Appeal(s) allowed
The State of Karnataka appealed against a Karnataka High Court judgment that had acquitted one accused (A4) and altered the murder convictions of seven others to grievous‑hurt convictions under S.326 r/w S.149 IPC. The facts involved eight persons, members of an unlawful assembly, who assaulted the deceased Rajanna wit…
M/S CABLE CORPORATION OF INDIA LTD.versusADDITIONAL COMMISSIONER OF LABOUR AND ORS.
2008 INSC 70216 May 2008Appeal(s) allowed
Mis Cable Corporation of India Ltd applied to retrench 280 workmen under s.25‑N(2) of the Industrial Disputes Act, 1947. The Specified Authority allowed retrenchment of 276 workers but rejected the unions' applications under s.25‑N(6) for review or reference. The Bombay High Court, however, directed the authority to re…
A.P.S.R.T.C.& ANR.versusK. HEMALATHA & ORS.
2008 INSC 70416 May 2008Appeal(s) allowed
The case concerned a road accident on 19 March 1998 in which a motorcyclist (the deceased) and an injured claimant were allegedly struck by a bus of the Andhra Pradesh State Road Transport Corporation (APSRTC). Claimants filed compensation claims under Section 173 of the Motor Vehicles Act, 1988, and the Accident Claim…
RAM KRIPAL SINGHversusSTATE OF U.P. AND ORS.
2007 INSC 60916 May 2007Dismissed
The State Financial Corporation (SFC) initiated recovery proceedings against a debtor company under Section 29 of the State Financial Corporation Act, 1951. The company was later wound up and an official liquidator was appointed. SFC then filed a recovery citation against the guarantor, Ram Kripal Singh, under the Utta…
K. KRISHNA M.A. RALHANYversusUNION OF INDIA AND ORS.
2007 INSC 61116 May 2007Disposed off
The appellant, K. Krishna M.A. RAIHANY, applied for Indian citizenship by naturalization under Section 6(1) of the Citizenship Act, 1955. He alleged that no order had been passed on his application, while the Union of India and the State of Maharashtra contended that a communication dated 29 August 2006 from the Under …
BHUPENDRA SINGH & ORS.versusSTATE OF U.P.
2009 INSC 53616 April 2009Dismissed
The appellants were members of a large group that attacked the complainant and his relatives with lathis, a gun, and other weapons, resulting in the death of Jugendra Pal Singh and injuries to others. They were convicted under IPC sections 147, 148, 149 and 307. On appeal they argued that the assault was a spur‑of‑the‑…
THE GOVT. OF A.P. & ORS.versusP. CHANDRA MOULI & ANR.
2009 INSC 53816 April 2009Appeal(s) allowed
The Director General of Police suspended P. Chandra MoulI under Rule 8(1)(a) of the Andhra Pradesh Civil Services Rules pending disciplinary proceedings. The employee filed an original application before the Andhra Pradesh Administrative Tribunal, which directed him to first pursue the statutory appeal under Rule 33 be…
VELAYUDA PULAVARversusSTATE BY SUB-INSPECTOR OF POLICE
2009 INSC 53916 April 2009Dismissed
The appellant, Velayuda Pulavar, was tried for the murder of his brother Viswanatha Pulavar and the concealment of the dead body under IPC sections 302 and 201. The prosecution's case rested primarily on an extra‑judicial confession recorded by the Village Administrative Officer (VAO) in the presence of several witness…
STATE OF U. P.versusMANGAL SINGH & ORS.
2009 INSC 54016 April 2009Dismissed
The State alleged that three members of a family were killed when the accused fired gunshots at them while they were traveling in a bullock‑cart. The trial court convicted the accused under Sections 148 and 302 read with Section 149 of the Indian Penal Code. On appeal, the Allahabad High Court acquitted them, holding t…
STATE OF MAHARASHTRA & ORS.versusPRAKASH PRAHLAD PATIL & ORS.
2009 INSC 54116 April 2009Appeal(s) allowed
The Supreme Court heard an appeal by the State of Maharashtra against a Bombay High Court order that had set aside the appointment of a Special Public Prosecutor (SPP) in Sessions Case No.41 of 2006. The petitioner, who was related to one of the accused, claimed that the appointment violated Section 24(8) of the Code o…
GAMPARAI HRUDAYARAJUversusSTATE OF AP. THR. PUBLIC PROSECUTOR
2009 INSC 54216 April 2009Appeal(s) allowed
The appellant, Gamparai Hrudayaraju, was convicted under IPC sections 302 and 203 for the death of a woman with whom he had an illicit relationship. The trial court and the Andhra Pradesh High Court upheld the conviction based solely on circumstantial evidence, primarily the testimony of witnesses PW‑5 and PW‑6. On app…
STATE OF RAJASTHANversusMOHAN LAL
2009 INSC 54316 April 2009Dismissed
The State of Rajasthan appealed the acquittal of Mohan Lal, who was charged under the Prevention of Corruption Act, 1988 (ss 7, 13(1)(d) r/w 13(2)) for demanding a bribe that was allegedly hidden in his almirah. The trial court found the prosecution’s case uncredible and acquitted him; the High Court affirmed the acqui…
ESTATE MANAGER, M.P. HOUSING BOARDversusRAJESH KUMAR GUPTA
2009 INSC 54416 April 2009Appeal(s) allowed
The respondents, allottees of the Madhya Pradesh Housing Board, challenged the Board’s demand of an extra 10% charge for corner plots and 5% for best‑location plots, arguing that the plots were allotted by lottery and such levies were unsustainable under the Consumer Protection Act, 1985. The District Consumer Disputes…
IN RE: DESTRUCTION OF PUBLIC & PRIVATE PROPERTIESversusSTATE OF A.P. AND ORS.
2009 INSC 53516 April 2009Disposed off
The Supreme Court, acting suo motu under Article 32, examined the widespread destruction of public and private property during agitations, bandhs and hartals. It appointed two expert committees—one chaired by Justice K.T. Thomas and the other by senior lawyer F.S. Nariman—to recommend measures for prevention, investiga…
BANGALORE METROPOLITAN TRANSPORT CORPN.versusT.V. ANANDAPPA
2009 INSC 54516 April 2009Case Partly allowed
The respondent, a Badli Conductor employed by Bangalore Metropolitan Transport Corporation, was removed from the list of Badli Conductors in 1995 for alleged unauthorized absence. He later filed a claim under Section 10(4-A) of the Industrial Disputes Act, which he withdrew, and subsequently raised a dispute under Sect…
COMMISSIONER OF CENTRAL EXCISE, MUMBAIversusM/S. HINDUSTAN SPINNING & WVG. M. LTD. AND ANR.
2009 INSC 54616 April 2009Disposed off
The appeal concerned the binding effect of circulars issued by the Central Board of Excise and Customs on courts and tribunals after the Supreme Court had declared the law on the relevant statutory provision. The matter was referred to a larger bench following the Ratan Melting & Wire Industries case. The Court clarifi…
KANDAPAZHA NADAR AND ORS.versusCHITRAGANIAMMAL AND ORS.
2007 INSC 42616 April 2007Case Allowed
The appellants (defendants in the earlier suit) challenged a Madras High Court order that, after allowing them to withdraw their 1973 suit without liberty to file a fresh suit, barred them from raising the defence that the conveyance deed was invalid. The Supreme Court examined whether such a withdrawal order constitut…
CHIMANBHAI JAGABHAI PATELversusSTATE OF GUJARAT & ANR.
2009 INSC 34516 March 2009Disposed off
The complainant, pregnant from a love affair with accused No.1, was lured to a remote spot where accused No.2 restrained her and accused No.1 forced a poisonous insecticide into her mouth, causing her to faint but she survived. Both were convicted by the trial court and the Gujarat High Court under Section 307 read wit…
HEERALALversusSTATE OF M.P.
2009 INSC 34616 March 2009Appeal(s) allowed
Heeralal, the husband of Prema Bai, was convicted by the trial court and the Madhya Pradesh High Court for murder under Section 302 IPC. The case hinged on two dying declarations of the deceased: one recorded by a Naib Tehsildar before a doctor, stating she attempted to set herself ablaze, and another recorded later by…
SANTOSHversusSTATE OF U.P.
2009 INSC 34716 March 2009Appeal(s) allowed
The appellant, Santosh, challenged the Allahabad High Court's ex‑parte dismissal of his criminal revision petition (No. 1622 of 1989). The High Court had refused to recall the order, holding that it was decided on merits and therefore could not be recalled. The Supreme Court observed that the appellant’s counsel was ab…
ARUNversusSTATE OF MAHARASHTRA
2009 INSC 34816 March 2009Dismissed
The appellant Arun, brother of the deceased Sampatrao Gopal Khandekar, was convicted of murder and related offences for killing his brother during a family land dispute. The appellant claimed he acted in private defence, alleging the deceased was the aggressor. The Supreme Court examined the principles of private defen…
UMA NATH PANDEY AND ORS.versusSTATE OF U.P. AND ANR.
2009 INSC 34916 March 2009Appeal(s) allowed
The Allahabad High Court allowed a criminal revision petition filed by respondent No.2 without issuing any notice to the appellants or other parties. The appellants challenged this order, contending that the High Court had breached the principles of natural justice, specifically the audi alteram partem rule, by not giv…
M/S V.G. SARAF AND SONSversusH. RANJITH AND ANR.
2009 INSC 35016 March 2009Appeal(s) allowed
The appellant challenged a Kerala High Court revision order that set aside his conviction under Section 138 of the Negotiable Instruments Act, on the ground that the amount shown in the bill (Rs.1,61,000) was lower than the cheque amount (Rs.1,86,606.95). The appellant contended that the cheque was issued to discharge …
SIYARAM AND ORS.versusSTATE OF M.P
2009 INSC 35116 March 2009Disposed off
The case arose from a land dispute in which the accused, including Siyaram, attacked the complainant Ramniwas, his brother Om Prakash and another person using weapons such as a farsa, sword and lathi, causing serious injuries. The trial court acquitted the accused on the ground of material contradictions and omissions …
STATE OF KARNATAKAversusMURALIDHAR
2009 INSC 35216 March 2009Appeal(s) allowed
Muralidhar, a bus driver, collided with a tempo on 3 December 1995, causing the death of a 16‑year‑old boy and grievous injuries to a passenger. He was convicted under IPC sections 279 (rash driving), 338 (grievous hurt) and 304‑A (death by negligence) and sentenced by the trial court to rigorous imprisonment (six mont…
NEW INDIA ASSURANCE CO. LTD.versusSATPAL SINGH MUCHAL
2009 INSC 35316 March 2009Appeal(s) allowed
The insured, Satpal Singh Muchal, had taken a Medi‑claim policy from New India Assurance and disclosed a pre‑existing kidney ailment. The insurer invoked clause 5.9 of the policy to cancel it, refunding a pro‑rata premium, and later refused renewal citing the pre‑existing condition and adverse claim experience. The Dis…
KERALA STATE CASHEW DEVELOPMENT CORPORATIONversusSHAHAL HASSAN MUSSALIAR & ANR.
2009 INSC 35416 March 2009Dismissed
The owner of a cashew factory leased it to the Kerala State Cashew Development Corporation, but after the lease expired the corporation continued to occupy the premises. The Kerala Cashew Factories (Requisitioning) Act, 1979 allowed the State to requisition such factories for up to five years; an amendment in 1985 remo…
MUMMIDI HEMADRI AND ORS.versusSTATE OF ANDHRA PRADESH
2007 INSC 30016 March 2007Appeal(s) allowed
Six persons formed an unlawful assembly and attacked Nellisetti Venu, resulting in his death by stabbing. The three appellants (A‑2, A‑3 and A‑6) were alleged to have caught hold of the deceased, while the other accused inflicted the fatal injuries. The appellants contended that they neither used weapons nor shared a c…
SAI ENTERPRISESversusBHIMREDDY LAXMAIAH AND ANR.
2007 INSC 30116 March 2007Disposed off
The appellant filed a suit for recovery of Rs.4.49 lakh and the respondent No.1 filed a separate suit for foreclosure of a mortgage against the same judgment debtor, respondent No.2. Both suits were decreed against respondent No.2, and execution proceedings were instituted, leading to the sale of the mortgaged property…
SECRETARY, A.P. PUBLIC SERVICE COMMISSIONversusB. SWAPNA AND ORS.
2005 INSC 15216 March 2005Appeal(s) allowed
The Andhra Pradesh Public Service Commission advertised for Assistant Public Relations Officer posts in 1995 and prepared a wait list valid for one year. While the original Rule 6 allowed selection from the wait list, it was amended on 30‑July‑1997 to require that fall‑out vacancies be filled in the next recruitment. T…
STATE OF PUNJABversusHARI SINGH & ORS.
2009 INSC 19316 February 2009Dismissed
The accused were apprehended while sitting on gunny bags containing poppy husk and were convicted under Section 15 of the NDPS Act for possession of contraband. The High Court acquitted them, holding that there was no evidence of conscious possession and that no question on possession was put to them under Section 313 …
COMMNR. OF CUSTOMS (PREVENTIVE)versusM/S AAFLOAT TEXTILES (I) PVT.LTD. AND ORS.
2009 INSC 19416 February 2009Appeal(s) allowed
The Commissioner of Customs confirmed duty, interest, penalty and confiscation liability on nine consignments of gold and silver imported by M/s Aafloat Textiles (I) Pvt. Ltd. under Special Import Licences (SIL) that were later discovered to be forged. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) can…
UTTARNACHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.
2009 INSC 19516 February 2009Case Partly allowed
The appellant, Uttarnachal Transport Corporation Ltd., was involved in a fatal road accident where a contractor, Bijendra Singh, aged 43, riding a scooter was killed. Under Section 173 of the Motor Vehicles Act, 1988, the claim for enhancement of compensation was filed. The Motor Accident Claims Tribunal awarded Rs 1,8…
UTTARANCHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.
2009 INSC 19616 February 2009Disposed off
A 43‑year‑old hawker died when his scooter was hit by a bus owned by Uttaranchal Transport Corporation Ltd. The claimants filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,64,500 with 9% interest. The Uttaranchal High Court enhanced the award to Rs 3,60,000 by assuming a …
CEAT LTD.versusANAND ABASAHEB HAWALDAR AND ORS.
2006 INSC 8916 February 2006Appeal(s) allowed
CEAT Ltd. introduced a Voluntary Retirement Scheme (VRS‑I) which 337 employees accepted, and later a second scheme (VRS‑II) under a Memorandum of Understanding which 179 employees accepted. Six former employees who had retired under VRS‑I alleged that the company committed an unfair labour practice by paying a Rs 90,00…
STATE OF PUNJAB AND ORS.versusBALWINDER SINGH
2006 INSC 9016 February 2006Disposed off
Balwinder Singh, appointed Constable and later promoted to Head Constable by the Deputy Inspector General (DIG) of Punjab Police, was dismissed by the Superintendent of Police (SP) for unauthorized absence. He appealed the dismissal to the DIG, which was also dismissed, and then filed a suit seeking a declaration that …
BANSRAJ LALTAPRASAD MISHRAversusSTANLEY PARKER JONES
2006 INSC 9116 February 2006Appeal(s) allowed
The appellant filed a suit for possession and compensation of premises, alleging a leave‑and‑license agreement with the defendant. The defendant amended his pleadings, first claiming to be a sub‑tenant and later asserting that he had been in possession before the alleged agreement. The trial court dismissed the suit, t…
HAWA SINGH AND ANR.versusSTATE OF HARYANA
2009 INSC 3416 January 2009Dismissed
Hawa Singh and several co‑accused entered the house of Man Singh armed with swords and other weapons with the intention of teaching him a lesson. Hawa Singh struck Man Singh on the head with a sword, causing fatal injuries. The trial court convicted the accused under Section 302 IPC read with Section 34 and Section 452…
BHAGWAN SARUP NAGAR (D) BY LRSversusRAM KISHAN
2009 INSC 3516 January 2009Appeal(s) allowed
The plaintiff, Bhagwan Sarup Nagar, claimed ownership of a house and had licensed his cousin, Ram Kishan, to occupy two rooms. After revoking the licence on 27 September 1991, the defendant refused to vacate, prompting the plaintiff to sue for a mandatory injunction, possession, and mesne profits. The defendant asserte…
RAJ NATHversusSTATE OF U.P.
2009 INSC 3616 January 2009Dismissed
The appellant Raj Nath, his two sons and three others were charged with murder, attempted murder and rioting under Sections 302, 307, 148, 141 and 149 of the Indian Penal Code. The prosecution proved that the accused opened fire on the informant and his companions, causing four deaths and injuries, based on eye‑witness…
LAXMINATHversusSTATE OF CHHATTISGARH
2009 INSC 3716 January 2009Appeal(s) allowed
Laxminath shot arrows at Mahgin Bai and her mother‑in‑law, Gangadei, during a dispute; one arrow struck Gangadei’s chest and she later died. The trial court convicted Laxminath under Sections 302 (murder) and 324 IPC, sentencing him to life imprisonment and two years respectively, a judgment upheld by the Chhattisgarh …
KUNJU @ BALACHANDRANversusSTATE OF TAMIL NADU
2008 INSC 5816 January 2008Dismissed
The appellant Kunju @ Balachandran was convicted of murder (IPC s.302) and assault (IPC s.341) based primarily on the testimony of a single eyewitness, PW‑2, who saw the accused attack the deceased. The trial court, and subsequently the Madras High Court, upheld the conviction despite the fact that the original informa…
STATE OF U.P. & ORS.versusROSHAN SINGH (DEAD) BY LRS. & ORS.
2008 INSC 5916 January 2008Appeal(s) allowed
The respondent's land was declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1954, but he failed to file an appeal under Section 12 of that Act. After about two years he filed an application under Section 151 of the Code of Civil Procedure, claiming that consolidation proceedings had reduced hi…
VIRENDRA KUMARversusSTATE OF U.P.
2007 INSC 4616 January 2007Dismissed
Virendra Kumar was tried for the death of his wife, Pushpa, and was initially convicted under Section 302 IPC for murder. The Allahabad High Court set aside that conviction and convicted him under Section 306 IPC for abetment of suicide, relying on a presumption under Section 113A of the Evidence Act despite no specifi…
EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH COLLIERY OF M/S BHARAT COKING COAL LTD.versusTHEIR WORKMEN REPRESENTED BY RASHTRIYA COLLIERY MAZDOOR SANGH
2006 INSC 2416 January 2006Appeal(s) allowed
The Supreme Court examined two disputes referred by the Central Government under Section 10 of the Industrial Disputes Act, 1947, concerning whether workers engaged through a contractor at Sudamdh Colliery were to be treated as workmen of the principal employer, Bharat Coking Coal Ltd. The Tribunal and the Patna High C…
ORISSA ELECTRICITY REGULATORY COMMISSIONversusL.I. PARIJA AND ORS.
2006 INSC 2616 January 2006Appeal(s) allowed
The Orissa High Court had issued interim orders restraining the Orissa Electricity Regulatory Commission (ERC) from fixing tariffs for 2002-03 and 2003-04, later modifying the orders to permit the ERC to act but keeping the writ petitions pending for monitoring. The ERC proceeded to fix the tariffs and levies were bein…
BAIKUNTH SINGHversusSTATE OF BIHAR AND ORS.
2008 INSC 143315 December 2008Disposed off
Baikunth Singh filed a complaint under IPC s.406, leading the trial court to take cognizance and issue summons against respondents 2 and 3. The respondents filed a petition under CrPC s.482, impleading the appellant, and the Patna High Court quashed the trial court's order without giving any notice to the complainant, …
DHARAM PALversusSTATE OF HARYANA AND ORS.
2008 INSC 143415 December 2008Disposed off
The appellant Dharm Pal filed a writ petition challenging a 2000 notification under Section 4 and a 2001 declaration under Section 6 of the Land Acquisition Act, 1894, which acquired his residential structure while similar structures of other persons were left out. The Punjab and Haryana High Court dismissed the petiti…
SHIV KUMARversusSTATE OF N.C.T. OF DELHI
2008 INSC 143515 December 2008Disposed off
Shiv Kumar was convicted under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to three years' imprisonment. He applied to the Delhi High Court for suspension of his sentence under Section 389 of the Code of Criminal Procedure, arguing that he had already served one year and eight months an…
TARA CHAND JAINversusSIR GANGA RAM HOSPITAL AND ANR.
2005 INSC 62015 December 2005Dismissed
The appellant underwent a prostate operation at Sir Ganga Ram Hospital and subsequently suffered continuous urinary leakage, pain and other ailments. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence and seeking Rs. 40 lakh as compensation for deficiency…
M/S. PARLE BISCUITS (P) LTD.versusTHE STATE OF BIHAR AND ORS.
2004 INSC 71515 December 2004Disposed off
Parle Biscuits Ltd., a biscuit manufacturer, sought the concessional 4% sales‑tax rate on cardboard (corrugated) boxes used for packing, a benefit previously enjoyed by its predecessor under Section 13(1) of the Bihar Finance Act, 1981. After the 1985 amendment inserting clause (e) to Section 13(1) and the issuance of …
COMMISSIONER OF TRADE TAX, U.P.versusM/S. MALVIYA CHEMICAL AND PHARMACEUTICAL PRIVATE LIMITED, GHAZIABAD
2007 INSC 115515 November 2007Dismissed
The assessee, Mis. Malviya Chemical & Pharmaceutical Pvt. Ltd., was granted an exemption under Section 4A of the Uttar Pradesh Trade Tax Act for production exceeding a fixed base‑production of 172.8 MT. In AY 1992‑93 it sold 382.125 MT and claimed exemption on the excess 209.325 MT, filing monthly returns and depositin…
SATIN CHANDRA PEGUversusSTATE OF ASSAM
2006 INSC 84915 November 2006Disposed off
Satin Chandrapegu was convicted under Section 409 IPC for alleged misappropriation of Rs.91,006 and sentenced to two years' imprisonment with a fine. His appeal to the Sessions Court was dismissed, and he filed a criminal revision under Sections 397, 401 and 482 of the CrPC before the Guwahati High Court. At the hearin…
SUB DIVISIONAL OFFICER (P), UHBVNLversusDHARAM PAL
2006 INSC 85015 November 2006Appeal(s) allowed
The respondent, a consumer of electricity, alleged that the meter installed by the appellant was defective and that the demand of Rs.1,07,326 raised for alleged tampering was illegal. He filed a complaint before the District Consumer Disputes Redressal Forum seeking that the matter be referred to the Electrical Inspect…
THE SUPERINTENDENT, NARCOTIC CONTROL BUREAUversusPARASH SINGH
2008 INSC 115315 October 2008Dismissed
A complaint was lodged under Section 8 of the NDPS Act, 1985 alleging an offence punishable under Section 20(b)(i). While the case was pending, the NDPS (Amendment) Act, 2001 altered the punishment provisions in Section 20, introducing a new sub‑clause (ii)(c) with higher penalties. The trial court framed charges under…
MUKUL MAHTO AND ORS.versusSTATE OF JHARKHAND AND ANR.
2008 INSC 115415 October 2008Dismissed
The appellants were charged with assaulting the deceased with a lathi and an axe, which resulted in his death, and also assaulting three other villagers who came to his aid. The trial court acquitted them on the ground that the eye‑witnesses were relatives of the deceased and that the medical evidence was insufficient,…
UNION OF INDIAversusBALI RAMU PAWAR & ORS.
2008 INSC 115515 October 2008Disposed off
The Union of India appealed the trial court's acquittal of accused Nos. 5‑9 and the acquittal of accused Nos. 1‑4 under Section 1208 IPC in a case of election‑related violence in Dadra and Nagar Haveli. The trial court had convicted accused Nos. 1‑4 on several offences but acquitted them on the conspiracy charge, and a…
UNION OF INDIA AND ORS.versusRAM KUMAR THAKUR
2008 INSC 115615 October 2008Appeal(s) allowed
The Union of India and others appealed a single High Court judge's order that reinstated an employee, Ram Kumar Thakur, while simultaneously complying with that order by reinstating him. The Division Bench of the Jammu & Kashmir High Court dismissed the writ appeal as infructuous on the ground that the order had been i…
STATE OF HARYANAversusSHER SINGH
2008 INSC 115215 October 2008Dismissed
The State of Haryana charged Sher Singh with rash driving and causing death by negligence under IPC sections 279 and 304A after a bus he was alleged to be driving struck a pedestrian who later gave a dying declaration. The trial court and the first appellate court convicted him, but the Punjab & Haryana High Court acqu…
UNION OF INDIA & ANR.versusG. RAJANNA & ORS.
2008 INSC 115015 October 2008Dismissed
The employees sought in‑situ promotion to a higher pay scale under the career‑advancement scheme, but the Central Administrative Tribunal rejected their claim on the ground that they lacked the matriculation qualification prescribed in the Cadre and Recruitment Rules. The Karnataka High Court reversed the Tribunal, hol…
SHASHIDHAR PURANDHAR HEGDE AND ANR.versusSTATE OF KARNATAKA
2004 INSC 61015 October 2004Dismissed
The appellants were charged with kidnapping a minor, demanding a ransom of Rs.3 lakh and threatening the victim’s father. The trial court acquitted them, citing discrepancies in witness testimonies and questioning the credibility of certain witnesses. On appeal, the High Court re‑appreciated the evidence, held the vict…
MATHAKALA KRISHNAIAHversusV. RAJAGOPAL
2004 INSC 61115 October 2004Leave Granted & Disposed off
The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's reversal of an appellate decree. The High Court disposed of the appeal without formulating any substantial question of law, as required by Section 100(3)-(5). The appellant argued that such a procedu…
NATIONAL HYDROELECTRIC POWER CORPORATION AND ANR.versusNANAK CHAND AND ANR.
2004 INSC 61415 October 2004Appeal(s) allowed
The father of the respondent, Shakti Prasad, died while employed in a government hydro‑electric project that was later transferred to the National Hydro‑Electric Power Corporation. After attaining majority, the respondent applied for a compassionate appointment, but the corporation rejected it on the ground that the ap…
LALLIRAM AND ANR.versusSTATE OF M.P.
2008 INSC 103515 September 2008Appeal(s) allowed
The appellants were charged with kidnapping, wrongful confinement and repeated rape of the prosecutrix on the night of 23 September 1985. The prosecutrix alleged that she was dragged, repeatedly raped by several accused and released the next morning, while her husband was beaten and locked in a room. The trial court ac…
MARANADU AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU
2008 INSC 103415 September 2008Dismissed
The case involved six accused who, armed with weapons and bombs, formed an unlawful assembly and murdered Sundaram. The trial court convicted them under Sections 147, 148, 149, 302, 307 IPC and Section 9(b)(1)(b) of the Indian Explosives Act, relying heavily on the testimony of two eyewitnesses who were close relatives…
UNION OF INDIA & ANR.versusSHREEJI COLOUR CHEM INDUSTRIES
2008 INSC 104115 September 2008Case Partly allowed
Shreeji Colour Chem Industries sought a refund of excise duty under the Central Excise Act, 1944, which was repeatedly rejected before being allowed by the Customs Excise and Gold Control Appellate Tribunal. The assessee then applied for statutory interest on the delayed refund, and the Gujarat High Court granted inter…
THE COLLECTOR, LAND ACQUISITION AND ANR.versusJASWANT SINGH AND ORS.
2008 INSC 104315 September 2008Appeal(s) allowed
The Collector, Land Acquisition & Anr. appealed a High Court order that dismissed a revision petition challenging an executing court's award of interest on solatium to land owners. The petitioners argued that the reference court had categorically held that no interest was payable on solatium, so the executing court cou…
C. KRISHNAN AND ORS.versusKISTAMMAL AND ORS.
2008 INSC 104415 September 2008Disposed off
The case concerned a family dispute over the division of ancestral property, split into items 1‑9 and item 10. The trial court decreed the suit, granting declaration and injunction, and the first appellate court affirmed the decree. The respondents filed a second appeal before the Madras High Court, but limited the rel…
SIDDARAMA AND ORS.versusSTATE OF KARNATAKA
2006 INSC 62215 September 2006Disposed off
The appellants were convicted for offences under Sections 143, 147, 341, 307 and 149 of the IPC, with the High Court altering the conviction for the assault to Section 326 read with Section 149 and imposing eight years' rigorous imprisonment plus a Rs.500 fine. The appellants challenged the conviction and sentence as d…
THE MANAGING DIRECTOR, NORTHEAST K.R.T.C.versusDEVIDAS MANIKRAO SADANANDA
2006 INSC 62315 September 2006Appeal(s) allowed
A driver employed by the Northeast Karnataka Road Transport Corporation collided his bus with the rear of another corporation bus while overtaking, causing the latter to strike a tree, injuring 56 passengers and killing four. The corporation’s disciplinary authority dismissed the driver, but the Labour Court set aside …
STATE BANK'S STAFF UNION (MADRAS CIRCLE)versusUNION OF INDIA AND ORS.
2005 INSC 41915 September 2005Dismissed
The Central Government Industrial Tribunal awarded a customary bonus to State Bank of India employees, which the bank’s management challenged. While the award was pending, Parliament enacted the Banking Laws (Amendment) Act, 1984, inserting provisions in the State Bank Act and related statutes that prohibited any bonus…
GURCHARAN SINGHversusREGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.
2005 INSC 42115 September 2005Disposed off
Gurcharan Singh, a former employee of a cooperative society in Himachal Pradesh, filed a writ petition challenging his termination, alleging that the society was a "State" within the meaning of Article 12 and thus subject to judicial review under Article 226. The Himachal Pradesh High Court dismissed the petition, hold…
MALLESHIversusSTATE OF KARNATAKA
2004 INSC 52315 September 2004Dismissed
The appellant, Malleshi, abducted a college student (PW‑2) by deceit, threatened him and communicated a demand of Rs 4 lakh to be paid by the victim's father for his release. The demand was not conveyed to the father because the accused were arrested before it could be made. The trial court convicted the appellant unde…
THE KERALA STATE ELECTRICITY BOARDversusCHINAMMA ANTONY
2008 INSC 82715 July 2008Case Allowed
The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of Chinamma Antony, resulting in a claim for compensation for diminution of land value. The Additional District Judge enhanced the compensation awarded, and the Kerala High Court dismissed the Board’s revision petition, up…
SHASHI MOHANversusSTATE OF M.P.
2008 INSC 82915 July 2008Case Allowed
The case involved three accused (A1, A2, A3) charged with murder under Section 302 read with Section 34 of the Indian Penal Code. A3 fired the fatal shots, while A2 was unarmed, did not perform any overt act, and no evidence linked him to a common intention with the others. Both the trial court and the Madhya Pradesh H…
MOTI LALversusSTATE OF M.P.
2008 INSC 83015 July 2008Dismissed
Motilal Gadariya was convicted for raping his neighbour's wife, a married woman, under IPC sections 376(1) and 450 and for an offence under the SC/ST (Prevention of Atrocities) Act. The trial court sentenced him to five years for the offence against a married woman and seven years for rape; the High Court affirmed. The…
STATE OF HIMACHAL PRADESHversusSHISH RAM
2008 INSC 83115 July 2008Case Allowed
The State of Himachal Pradesh sought leave to appeal an acquittal of Shish Ram by the trial court. The High Court dismissed the application with a terse, non‑reasoned order, "Be registered. Heard. Dismissed." The State contended that such an order, lacking any reasons, was unsustainable. The Supreme Court held that rea…
DIRECTOR OF EDUCATION, UTTARANCHAL AND ORS.versusVED PRAKASH JOSHI AND ORS.
2005 INSC 29615 July 2005Appeal(s) allowed
A single judge of the Allahabad High Court, while disposing of a contempt petition, directed that the respondent, Ved Prakash Joshi, was entitled to arrears of salary despite the absence of an explicit direction in the original order. The appellant, Director of Education, Uttarakhand, challenged this, contending that a…
SHIVRAJ BAPURAY JADHAV AND ORS.versusSTATE OF KARNATAKA
2003 INSC 31415 July 2003Dismissed
The victim, Krishna Jadhav, was allegedly assaulted by several accused with sticks, an axe and an iron pipe and died at the scene. The trial court acquitted the accused, finding discrepancies in the eye‑witness testimonies and questioning the investigation. The Karnataka High Court re‑examined the evidence, held that t…
COMMISSIONER OF CENTRAL EXCISE, BANGALOREversusM/S. BRINDA VAN BEVERAGES (P) LTD. AND ORS.
2007 INSC 69915 June 2007Dismissed
The Central Excise Department issued a show‑cause notice to Mis Brindavan Beverages Pvt. Ltd. (BBPL) alleging fraudulent availing of Small Scale Industry (SSI) exemption under Notification Nos. 175/86 and 1/93 in conspiracy with AMPL and PEL. The Commissioner of Central Excise dropped the proceedings, a decision upheld…
DAYA RAMversusRAGHUNATH & ORS.
2007 INSC 70015 June 2007Case Partly allowed
The case concerned a plot of land allotted to Respondent No. 1 under the U.P. Zamindari Abolition Act, 1950. The appellant, a co‑villager, challenged the allotment on the ground that the respondent was not land‑less and that procedural requirements were not complied with. The Collector cancelled the allotment, but the …
KALU RAM AND ANR.versusSTATE OF DELHI
2006 INSC 37215 June 2006Appeal(s) allowed
The appellants Kalu Ram and others were convicted by the trial court under Section 304(1) read with Section 34 of the Indian Penal Code and sentenced to seven years' rigorous imprisonment. They filed an appeal against the conviction, while an informant filed a criminal revision petition seeking conviction under Section…
STATE OF HARYANA AND ORS.versusM/S. AGM MANAGEMENT SERVICES LTD.
2006 INSC 37315 June 2006Disposed off
The State of Haryana and others appealed against a writ petition filed by Mis. AGM Management Services Ltd., which the Punjab and Haryana High Court had dismissed by relying on an earlier decision in Ramesh Chand v. Registrar‑cum‑Deputy Commissioner, Jind. The appellants argued that the High Court failed to explain how…
DALBIR SINGHversusSTATE OF HARYANA
2008 INSC 68215 May 2008Dismissed
Dalbir Singh, the nephew of Ram Pratap, was convicted of murder (IPC s.302) and rioting (IPC s.148) for killing his uncle over a property dispute. The sole eyewitness, the victim's father Surja Ram (PW‑8), identified Dalbir by his voice in a dark‑night setting, though he could not name the other assailants who were acq…
K. CHITHHAYANversusSTATE OF TAMIL NADU
2008 INSC 68315 May 2008Dismissed
The appellant was stopped at a bus stop with a yellow bag and, after giving consent, his bag was searched in the presence of witnesses, leading to the seizure of 2 kg of diazepam. He was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, convicted, and sentenced to ten years' rigorous imprisonment…
AMOL SINGHversusSTATE OF M.P.
2008 INSC 68515 May 2008Appeal(s) allowed
Amol Singh and another were convicted for the murder of Saraswati Bai under IPC s.302 r.w. s.34. The deceased gave two dying declarations, one recorded by an ASI and another by an Executive Magistrate, which differed on the motive and the manner of being doused with kerosene. The High Court held the variations insignif…
PANNEERSELVAMversusSTATE OF TAMIL NADU
2008 INSC 67915 May 2008Appeal(s) allowed
Five police officials were convicted for the murder of Arunbharathi, who died from burn injuries. The trial court relied on a dying declaration recorded by a Revenue Divisional Officer (RDO) four days before the victim's death, while discarding earlier statements to doctors where the victim claimed he set himself on fi…
UNION OF INDIA AND ANR .versusP.M. RANGASAMI
2007 INSC 58115 May 2007Appeal(s) allowed
The case concerned P.M. Rangasami, an officer of the Indian Economic Service, who claimed that the Central Administrative Tribunal (CAT) had directed his promotion to Higher Administrative Grade (HAG) based on his original seniority. The Union of India argued that the Tribunal’s order only required consideration of his…
COMMISSIONER OF CENTRAL EXCISE, INDOREversusMIS. CETHAR VESSELS LTD. AND ORS.
2007 INSC 58215 May 2007Disposed off
The Commissioner of Central Excise, Indore appealed against the CEGAT order that held no excise duty was payable on the erection of boiler, membrane‑cell and solvent‑extraction plants assembled on site by Mis Cethar Vessels Ltd. The core issue was whether such assembly created immovable property or a new marketable com…
STATE OF MADHYA PRADESHversusSHEIKH SHAHID
2009 INSC 49115 April 2009Appeal(s) allowed
The respondent, Sheikh Shahid, was convicted under Section 376 of the Indian Penal Code for rape and sentenced by the trial court to seven years' rigorous imprisonment and a fine. The High Court of Madhya Pradesh reduced his sentence to the six months he had already served, merely on the ground that he hailed from a ru…
STATE OF A.P.versusARAVAPALLY VENKANNA & ANR.
2009 INSC 49215 April 2009Appeal(s) allowed
The State of Andhra Pradesh appealed a High Court order that quashed an FIR registered under Sections 7(a) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The Supreme Court examined the scope of the inherent jurisdiction under Section 482 of the Code of Criminal Procedure, emphasizing t…
GULJAR SINGH & ORS.versusDEPUTY DIRECTOR CONSOLIDATION AND ORS.
2009 INSC 50515 April 2009Dismissed
The dispute concerned 564 bighas of land that had been jointly purchased and later divided among several tenure holders, whose names were not correctly entered in revenue records. The appellants sought correction of the records, leading to a series of applications before the Sub‑Divisional Officer, Assistant Recording …
RAMRAJSINGHversusSTATE OF M.P. & ANR.
2009 INSC 49315 April 2009Appeal(s) allowed
The appellant, a General Manager of J.K. Utility Division, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of four cheques issued by his company. The cheques were presented for encashment, returned with a 'stop payment' endorsement, and no payment was made despite notice. The trial cou…
STATE OF U.P.versusSUBHASH KUMAR SINGH TOMAR
2009 INSC 49415 April 2009Dismissed
The accused Subhash Kumar Singh Tomar was convicted by a trial court for possession of 500 g of charas after a personal search conducted by police on 3 January 1991. The Allahabad High Court acquitted him, holding that the search violated Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which re…