SUHELKHAN KHUDYARKHAN & ANR.versusSTATE OF MAHARASHTRA & ORS.
2009 INSC 49515 April 2009Disposed off
The appellants, long‑time tenants of a plot, had erected a tin shed and operated a religious bookshop that was recognised by the municipal council. Following a complaint by a private individual, the Sub‑Divisional Magistrate, invoking Section 133 of the Code of Criminal Procedure, ordered the removal of the shop as a p…
SURESH CHANDRA SHARMAversusSTATE OF M.P.
2009 INSC 49615 April 2009Dismissed
The appellant, Sub‑Inspector Suresh Chandra Sharma, was found to have surreptitiously inserted timings into several investigation documents in a murder‑robbery trial, thereby fabricating false evidence. The defence counsel himself witnessed the manipulation but did not report it. The Sessions Court convicted the appell…
RAM MARUTHI PAWARversusSTATE OF MAHARASHTRA & ANR.
2009 INSC 50115 April 2009Appeal(s) allowed
The Supreme Court examined the convictions of two accused in a murder case under sections 302 and 149 of the Indian Penal Code. The trial court had convicted A‑12 despite a prosecution concession that there was no evidence against accused Nos.2‑15, and the High Court upheld the conviction of A‑14 based on PW9’s identif…
M/S. RESIDENTS WELFARE ASSOCIATION, NOIDAversusSTATE OF U.P. & ORS.
2009 INSC 50715 April 2009Appeal(s) allowed
The Residents Welfare Association, Noida sought stamp duty relief on deeds transferring leasehold rights of plots allotted by the Noida Authority to cooperative societies and subsequently to its members. The authorities demanded duty under Article 23 of Schedule 1‑B of the U.P. Stamp Act based on the current market val…
STATE OF RAJASTHANversusMOHAN LAL AND ORS.
2009 INSC 50915 April 2009Dismissed
The State of Rajasthan appealed against the acquittal of Mohan Lal and others, who had been convicted for murder under Section 302 read with Section 34 of the Indian Penal Code. The Rajasthan High Court set aside the conviction, holding that the testimony of four alleged eyewitnesses was not credible due to inconsisten…
STATE OF M.P.versusCHUNNILAL @ CHUNNI SINGH
2009 INSC 51015 April 2009Case Partly allowed
A complaint was lodged alleging rape and criminal intimidation under Sections 376 and 506 of the IPC and an offence under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation was carried out by a police officer below the rank of Deputy Superintendent of …
STATE OF KERALAversusANILACHANDRAN @ MADHU AND ORS.
2009 INSC 49715 April 2009Dismissed
The State of Kerala appealed the Kerala High Court’s order acquitting five accused of murder and related offences. The trial court had convicted them based on the testimony of two eye‑witnesses, but the High Court set aside those convictions, finding the First Information Report (FIR) incomplete, the FIR’s transmission…
THE STATE OF ANDHRA PRADESHversusVANGAVEETI NAGAIAH
2009 INSC 49815 April 2009Appeal(s) allowed
The State of Andhra Pradesh appealed a High Court order that had quashed an FIR registered against Vangaveeti Nagaiah under Sections 7(A) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The appeal raised the question of whether the High Court correctly exercised its inherent power under…
BABAN BANDU PATILversusSTATE OF MAHARASHTRA
2009 INSC 49915 April 2009Case Partly allowed
The appellant Saban Bandu Patil and six co‑accused were tried for the death of Vithoba and injuries to others arising from a family dispute that escalated into a violent altercation. The trial court convicted three of the accused under Sections 302 and 324 read with Section 34 IPC, while acquitting four. The High Court…
RADHEY SHYAM & ANOTHERversusCHHABI NATH & OTHERS
2009 INSC 51415 April 2009Matter referred to larger bench
The appeal challenged a High Court order that interfered with pending civil suit proceedings concerning an injunction over disputed land. The Supreme Court examined whether Article 226 writ jurisdiction extends to private disputes between individuals, particularly whether a writ of certiorari can quash civil court orde…
KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARDversusK.S. GANGADHARAPPA & ANR.
2009 INSC 50015 April 2009Case Partly allowed
The Karnataka Urban Water Supply & Drainage Board appealed against a Karnataka High Court judgment that fixed compensation for land acquired for a drainage scheme at Rs.4,00,000 per acre without providing a basis for that figure. The Supreme Court examined whether rates for small, developed plots could be used to value…
STATE OF A.P.versusSAYYAAD SIRAJ MOHAMMED & ORS.
2009 INSC 51515 April 2009Dismissed
The State of Andhra Pradesh appealed the acquittal of Sayyad Siraj Mohammed and others, arguing that the prosecution’s evidence was sufficient. The High Court had observed that the sole eyewitness (PW1) had been taken to the central jail and shown the accused before a test identification parade was conducted on 20 Marc…
BIHAR STATE ELECTRICITY BOARDversusM/S PULAK ENTERPRISES & ORS.
2009 INSC 51615 April 2009Disposed off
The Bihar State Electricity Board (BSEB) levied a fuel surcharge on high‑tension consumers under its 1993 tariff notification, using a formula in clause 16.10.3. Consumers challenged the calculation, arguing that the Board improperly included purchases from Tenughat Vidyut Nigam Ltd (TVNL) and treated the DVC‑to‑TISCO …
STATE OF ORISSAversusPRAMOD KR. KODAMSINGH & ORS.
2009 INSC 52115 April 2009Appeal(s) allowed
The State of Orissa prosecuted thirteen accused under IPC sections 302, 149, 148, 326 and Explosives Act section 9. The trial court convicted them, relying on a dying declaration of the deceased and the testimony of injured eye‑witnesses, as well as forensic evidence of bomb residues. The Orissa High Court set aside th…
STATE OF A.P.versusP. KHAJA HUSSAIN
2009 INSC 52415 April 2009Dismissed
The State of Andhra Pradesh prosecuted P. Khaja Hussain for murder under Section 302 of the IPC, alleging he poured kerosene on his wife and set her on fire. The trial court convicted him based on two dying declarations—one recorded by a magistrate and another by a police constable an hour later. The Andhra Pradesh Hig…
ANIRUDH AGGARWALversusDHARAM BIR BHATIA
2009 INSC 52715 April 2009Disposed off
The respondent filed a claim under Section 12 of the Consumer Protection Act, 1986 alleging that the appellant, a dentist, abandoned the treatment of his daughter's teeth, causing pain and suffering. The District Consumer Forum awarded the respondent compensation of Rs.25,000 plus costs, while the State Commission held…
VASANT TUKARAM PAWARversusSTATE OF MAHARASHTRA
2005 INSC 20915 April 2005Disposed off
Vasant Tukaram Pawar was convicted under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and sentenced to seven years' rigorous imprisonment and a fine of Rs.1,00,000. He appealed to the Bombay High Court seeking suspension of the sentence and release on bail under Sect…
SEEMAversusASHWANI KUMAR
2005 INSC 21115 April 2005
The Supreme Court entertained Transfer Petition (C) No. 29 of 2005 arising out of a matrimonial suit between Ashwani Kumar and Seema. The Court ordered an interim stay of the pending suit and directed issuance of notice. While hearing, the Court observed that the absence of official records of marriage dates and partie…
STATE OF PUNJAB AND ORS.versusDES SANDHU
2007 INSC 29915 March 2007Disposed off
Des Bandhu was appointed as a surveyor on 15 February 1988 and was terminated on 26 March 1989 without notice. He filed a civil suit for a declaration of continuance, which was dismissed, and his appeal was also dismissed in 1997. Subsequently, a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 was…
STATE OF ORISSA AND ORS.versusLOKNATH RAY AND ORS.
2005 INSC 14315 March 2005Disposed off
The petitioner, a peon appointed as "fourth peon" in an aided secondary school, sought State approval for his appointment, which was denied by the authorities. The High Court held that the denial was unjustified and ordered the appointment to stand. On appeal, the Supreme Court examined the relevant circulars fixing st…
G.M., B.S.N.L. & ORS.versusMAHESH CHAND
2008 INSC 20315 February 2008Case Allowed
Mahesh Chand, a workman, claimed that his termination in 1998 was illegal because he had continuously worked for more than 240 days in each calendar year from 1987 to 1998, invoking Section 25‑F of the Industrial Disputes Act, 1947. The employer, G.M., B.S.N.L. & Ors., contended that Chand was engaged on a purely tempo…
GOWDARA NANJAPPAversusMATADA BASAIAH & ORS.
2008 INSC 20515 February 2008Case Allowed
The case concerned Inam lands endowed to a deity in Karnataka where several persons applied for occupancy rights. The Land Tribunal initially granted occupancy rights to Gowdara Nanjappa and others, but the Appellate Tribunal set aside the grant to Matada Basaiah for 2 acres 26 guntas, holding that the landlord Subbara…
STATE BANK OF PATIALAversusMANJEET
2008 INSC 20615 February 2008Case Allowed
The father, an employee of State Bank of Patiala, died in service and his widow was appointed on compassionate grounds. When the daughter turned 18, she applied for family pension under the State Bank of India (Subsidiary Banks) Act, 1959 and the 1995 Pension Regulations. The bank rejected the claim, stating that the o…
SHYAMversusSTATE OF M.P. THROUGH P.S. BERCHA
2007 INSC 14615 February 2007Dismissed
The appellant Shyam was convicted for the murder of Kailash on 27 October 1995 based on the testimony of the deceased's widow, who witnessed the assault and identified Shyam as the assailant. The trial court sentenced him to life imprisonment under Section 302 read with Section 34 of the IPC; the High Court upheld the …
ABBAS ALIversusSTATE OF RAJASTHAN
2007 INSC 14715 February 2007Case Partly allowed
Abbas Ali was convicted by the trial court and the Rajasthan High Court for murder under Section 302 IPC for stabbing a sleeping victim on a railway overbridge. On appeal, the Supreme Court examined the mens‑rea requirements of Sections 299 and 300 IPC, focusing on the distinction between knowledge of a victim’s specia…
DELHI ELECTRICITY REGULATORY COMMISSIONversusBSES YAMUNA POWER LIMITED AND OTHERS
2007 INSC 15315 February 2007Dismissed
The case concerned the Delhi Electricity Regulatory Commission’s (DERC) decision to reduce the depreciation rate for the newly privatized distribution companies from 6.69% to 3.75% in its 2003 tariff order. The respondents, the distribution companies including BSES Yamuna Power Ltd., argued that the reduction violated …
S.L. SRINIVASA JUTE TWINE MILLS P. LTDversusUNION OF INDIA AND ANR .
2006 INSC 8515 February 2006Appeal(s) allowed
Four jute mills filed writ petitions seeking a declaration that the 1998 amendment (Act 10 of 1998) removing clause (d) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 did not affect the "infancy protection" they had already accrued. The amendment eliminated the exemption that allow…
THE RANGE FOREST OFFICERversusS.T. HADIMANI
2002 INSC 8515 February 2002Disposed off
The workman, S.T. Hadimani, claimed that he had rendered service for 240 days in the relevant year and that his employment was terminated without payment of retrenchment compensation. The employer, the Range Forest Officer, denied that the workman had completed the requisite 240 days. The Labour Tribunal accepted the w…
POGULA KOMURAIAHversusTHE STATE OF A.P. REP. BY THE PUBLIC PROSECUTOR [PASAYAT, J.]
2008 INSC 5315 January 2008Case Partly allowed
The Supreme Court examined the conviction of appellant Pogula Komuriah, who was originally found guilty of murder under Section 302 read with Section 149 of the IPC. The Court considered the evidence, including the nature of the weapon (iron rod) and the delay in filing the complaint, and found that the facts did not s…
VIJAY SHANKAR SHINDE & ORSversusSTATE OF MAHARASHTRA
2008 INSC 5415 January 2008Dismissed
The appellants were convicted for murder, attempt to murder and criminal intimidation arising from a family feud that culminated in the fatal assault of Tanaji and grievous hurt to Dattatraya. The prosecution relied on the testimony of three eye‑witnesses (PW‑11, PW‑12 and PW‑13) and a complainant (PW‑9), with PW‑12 be…
TULSA AND ORS.versusDURGHATIYA AND ORS.
2008 INSC 5515 January 2008Case Allowed
The dispute concerned a joint ancestral property sold to L, who claimed to be the widow of R, while the respondents alleged she was merely a mistress. The trial court held that a presumption of a valid marriage existed because L and R had cohabited for decades and their children were married off by R. The first appella…
NOIDA ENTREPRENEURS ASSN.versusNOIDAAND ORS.
2007 INSC 3915 January 2007Disposed off
The Supreme Court examined allegations of irregularities in the allotment, conversion and regularisation of plots in NOIDA, which led to a one‑man inquiry commission and the initiation of departmental disciplinary proceedings against Smt. Neera Yadav, then CEO of NOIDA. While a CBI investigation was pending, the Uttar …
BALASUBRAMANIAN AND ORS.versusRAMAIAH THONDAMAN
2007 INSC 130514 December 2007Appeal(s) allowed
The plaintiff filed a suit claiming title to land on the basis of a sale deed from Ramasami Konar and his daughter, who were recorded as Ryotwari patta holders. The defendant contended that the patta had been wrongly granted to the vendors and that the sale deed was procured through fraud, undue influence and the plain…
HINDUSTAN PAPER CORPORATION LTD.versusKAGAJKAL THIKADAR SRAMIK UNION & ORS.
2007 INSC 130714 December 2007Appeal(s) allowed
The Kagajkal Thikadar Sramik Union filed a representation under Rule 25(2)(v)(a) of the Contract Labour (Regulation and Abolition) Assam Rules, 1971, seeking equal wages and benefits for contract labourers employed at Hindustan Paper Corporation Ltd. The Labour Commissioner, after an inspection by the Assistant Labour …
SEEMA DHAMDHERE, SECRETARY, MPSCversusSTATE OF MAHARASHTRA AND ORS.
2007 INSC 131014 December 2007Disposed off
A public interest litigation was filed alleging large‑scale malpractice in examinations conducted by the Maharashtra Public Service Commission (MPSC) and claiming that the investigating police officer was transferred to pre‑empt the investigation. The High Court dismissed the writ petitions, directing that the investig…
CHINDE GOWDAversusPUTIAMMA
2007 INSC 131714 December 2007Dismissed
The government granted a parcel of land to the husband of the petitioner, a Scheduled Caste member, with a condition that it could not be alienated for fifteen years. The husband sold the land in violation of this condition, and the purchaser later sold it to the appellant. After the Scheduled Caste and Scheduled Tribe…
GOVERNMENT OF KARNATAKA AND ORS.versusSMT. GOWRAMMA AND ORS.
2007 INSC 131814 December 2007Appeal(s) allowed
The owners of a land in Karnataka applied for permission under the Karnataka Preservation of Trees Act, 1976 to fell certain trees, including reserved varieties, and were conditionally permitted to transport a portion of the timber to a government depot. After the timber was taken to the government godown, the owners s…
UNION OF INDIA & ORS.versusSHRI RAMESH SINGH RAJPUT
2007 INSC 131914 December 2007Case Partly allowed
The Union of India issued a recruitment notice for the post of cook with an upper age limit of 25 years. Shri Ramesh Singh Rajput was selected based on the date of birth he disclosed (17‑03‑1978), but school records showed 17‑03‑1977, rendering him over‑aged and he was not appointed. He filed an application before the …
M/S SINGH ENTERPRISESversusCOMMISSIONER OF CENTRAL EXCISE, JAMSHEDPUR AND ORS.
2007 INSC 132014 December 2007Dismissed
Miss Singh Enterprises appealed to the Supreme Court against the order of the Jharkhand High Court which had dismissed its writ petition challenging the dismissal of its appeal under Section 35 of the Central Excise Act. The appeal had been filed 21 months after the service of the original order, far beyond the 60‑day …
COMMISSIONER OF INCOME TAX, MADRASversusM/S. LUCAS T.V.S. LTD. PADI CHENNAI
2007 INSC 132114 December 2007Appeal(s) allowed
The Commissioner of Income Tax appealed against the High Court’s order upholding the Tribunal’s view that investment allowance under Section 32A of the Income Tax Act could be claimed in more than one assessment year, based on Section 43A(1). The assessing officer argued that the allowance should be allowed only in the…
MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusLALNIPUII
2006 INSC 101014 December 2006Disposed off
The mother of a 31‑year‑old government employee who died in a bus accident filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 12 lakh with 15% interest, using a multiplier based on the deceased's age. The appellant, Maharashtra State Road Transport Corporat…
HARSHAD CHIMAN LAL MODIversusD.L.F. UNIVERSAL LTD. AND ANR.
2005 INSC 61514 December 2005
Harshad Chimanlal Modi filed a suit in the Delhi High Court for specific performance and possession of immovable property situated in Gurgaon. The suit was later transferred to the Delhi District Court, where the defendants amended their written statement to raise a jurisdictional objection under Section 16 of the CPC,…
DATTARAJ NATHUJI THAWAREversusSTATE OF MAHARASHTRA AND ORS.
2004 INSC 71214 December 2004Dismissed
The petitioner, a member of the legal profession, filed a petition styled as a Public Interest Litigation (PIL) before the Bombay High Court, alleging unauthorized constructions and seeking redress. The High Court dismissed the petition, finding no genuine public interest, noting the petitioner’s alleged blackmail of r…
A. MAHARAJAversusSTATE OF TAMIL NADU
2008 INSC 130014 November 2008Case Partly allowed
The deceased, Alagu Ambalam, was cutting trees when his son (the accused) confronted him over a land dispute. A verbal altercation escalated into a sudden fight during which the accused snatched the deceased’s aruval (machete) and struck him on the neck and shoulder, causing death. The trial court convicted the accused…
PREM NATH MOTORS LTD.versusANURAG MITTAL
2008 INSC 130214 November 2008Appeal(s) allowed
An international car manufacturer entered into a joint venture with an Indian company that appointed Prem Nath Motors Ltd as its dealer. In response to advertisements, individuals applied for a Peugeot 309 car through Prem Nath Motors, paying a booking amount of Rs.25,000 in the name of the Indian principal. When the c…
THE GENERAL MANAGER, UNITED INSURANCE CO. LTD.versusM. LAXMI AND ORS.
2008 INSC 130314 November 2008Disposed off
A scooter insured under a statutory (Act) policy met with an accident, resulting in the death of the pillion rider, a gratuitous passenger. The legal heirs of the deceased filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, against the insurer. The Additional Special Judge (MACT) held that…
VIVEKANAND SCHOOL THROUGH HEADMASTERversusPRESIDENT OF ZILA PANCHAYAT AND ORS.
2008 INSC 130414 November 2008Case Partly allowed
The Vivekanand School challenged a tax demand made by the Zila Panchayat under Section 121 of the Uttar Pradesh and Uttaranchal (Kshetra Panchayat and Zila Panchayat) Adhiniyam, 1961, on the ground that the fees collected from students were being treated as taxable income. The school argued that it was not a commercial…
KOMALAM AMMAversusKUMARA PILLAI RAGHAVAN PILLAI AND ORS.
2008 INSC 130514 November 2008Disposed off
The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and relying on a previous…
ORIENTAL INSURANCE CO. LTD.versusSMT. RAJ KUMARI AND ORS.
2007 INSC 115114 November 2007Case Partly allowed
The conductor of a bus owned by Mewat Transport Co. died in a 1984 accident, and his widow, children and parents claimed Rs 1.40 lakh compensation. The Motor Vehicles Tribunal awarded Rs 57,600 with 12% interest, limiting the insurer's liability to Rs 50,000. The Punjab and Haryana High Court enhanced the award to Rs 1…
UNITED INDIA INSURANCE CO. LTD.versusSERJERAO AND ORS.
2007 INSC 115214 November 2007Disposed off
Labourers travelling in trolleys attached to tractors were injured in motor accidents and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, rejecting the insurer's claim that it was not liable and that the tractor owner alone was responsible. The insurer a…
ONGC LTD.versusGARWARE SHIPPING CORPN. LTD.
2007 INSC 115314 November 2007Case Partly allowed
The appellant ONGC required offshore vessels (OSVs) from the respondent Garware Shipping and the Shipping Corporation of India (SCI) under long‑term charters. Dispute arose over the computation of repair and maintenance (R&M) charges for the 11th to 16th years of operation, with the parties relying on recommendations o…
AYUDH UPASKAR NIRMANI KALYAN SAMITI, KANPURversusGOVERNMENT OF INDIA AND ORS.
2006 INSC 84414 November 2006Disposed off
The Society, formed by officers and employees of the Ordinance Equipment Factory (OEF), operated a CBSE‑affiliated secondary school in OEF premises on an annual rent of Rs 3,904. The OEF Board later ordered the school to cease operation after the 2005‑06 academic session, demanded payment of a large lease rent and prem…
THE PRESIDENT, BOARD OF SECONDARY EDUCATION, ORISSA AND ANR.versusD. SUVANKAR AND ANR.
2006 INSC 84514 November 2006Disposed off
The respondent, a candidate in the 2004 High School Certificate examination, discovered that his mark sheet incorrectly recorded 35 marks instead of 65 in one paper due to a computer entry error, later corrected to a total of 690 marks, exceeding the Board's cut‑off of 682. He petitioned for re‑valuation of his answer …
MADAN LAL AND ANRversusBAL KRISHAN AND ORS.
2005 INSC 56614 November 2005Disposed off
The Supreme Court examined a civil appeal (No. 918 of 2000) wherein the Himachal Pradesh High Court had allowed a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating any substantial question of law. The appellant contended that the High Court erred by reversing the findings of fact…
STATE REP. BY INSPECTOR OF POLICEversusSARAVANAN & ANR.
2008 INSC 114814 October 2008Case Partly allowed
The case arose from a dispute over mango trees that escalated into a violent altercation on 1 June 1991, during which the accused brothers assaulted several persons, causing the death of the deceased Murugesan and injuries to three eye‑witnesses who were relatives of the deceased. The trial court convicted both accused…
NAGAR PALIKA NIGAMversusKRISHI UPAJ MANDI SAMITI AND ORS.
2008 INSC 114514 October 2008Disposed off
The Municipal Corporation of Ratlam appealed against a High Court order that it could not levy property tax on a building and superstructure erected by the Krishi Upaj Mandi Samiti within a market yard located in the corporation's area. The dispute turned on the proviso to Section 9(3) of the Madhya Pradesh Krishi Upaj…
MAHINDRA MULJI KERAI PATELversusSTATE OF GUJARAT
2008 INSC 114914 October 2008Disposed off
The appellant Mahindra Mulji Kerai Patel, aged 19, killed the grandmother of a girl and injured the girl's mother after they rejected his marriage proposal. He was initially convicted by the trial court under sections 324 and 452 of the IPC. The State appealed, and the Gujarat High Court substituted the conviction with…
STATE OF RAJASTHANversusMOOL CHAND AND ANR.
2004 INSC 60714 October 2004Appeal(s) allowed
The State of Rajasthan prosecuted licensed traders Mool Chand and others for evading market duty under the Rajasthan Agricultural Produce Market Act, 1961. The trial court convicted them, sentencing them to three months' imprisonment and ordering payment of the evaded duty. The High Court set aside the conviction, rely…
KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusSHRI DHARMENDRA SHARMA
2007 INSC 91414 September 2007Disposed off
The respondent, whose father was a KVS employee who died in service, applied for a compassionate appointment in a Group‑D post under the 5 % reservation for such appointments. KVS rejected the application, and the Central Administrative Tribunal (CAT) directed KVS to appoint the respondent and later to keep his name on…
UNION OF INDIAversusSHRI SHIV SHANKER KESARI
2007 INSC 92314 September 2007Appeal(s) allowed
The Union of India appealed a High Court order that granted bail to Shri Shiv Shanker Kesari, who was charged under the NDNDPS Act for possession of a large quantity of poppy straw. The Supreme Court examined Section 37 of the NDPS Act, which mandates that bail may be granted only if the court is satisfied that there a…
STATE OF KARNATAKAversusRAJU
2007 INSC 92414 September 2007Appeal(s) allowed
The State of Karnataka appealed a Karnataka High Court order that reduced the custodial sentence of Raju, who had been convicted of raping a 10‑year‑old girl, from seven years to three and a half years. The trial court had sentenced Raju under Section 376 of the Indian Penal Code, which mandates a minimum term of ten y…
KULDEEP SINGHversusUNION OF INDIA AND ORS.
2007 INSC 92514 September 2007Dismissed
Kuldeep Singh appealed to the Supreme Court after the Delhi High Court, both at the Single Judge and Division Bench levels, denied his request to have his share in a plot converted from leasehold to freehold, holding that such a conversion would require amendment of the layout plan and would disturb development control…
UNION OF INDIAversusSHREE SHANKAR TEXTILES EX-EMPLOYEES UNION AND ORS.
2007 INSC 92614 September 2007Appeal(s) allowed
The Shree Shankar Textiles Ex‑Employees Union sought benefits under the Textile Workers Rehabilitation Fund Scheme (TWRFS) 1991, contending that the scheme’s requirement that a mill be closed under Section 25‑O of the Industrial Disputes Act, 1947 (or have an official liquidator appointed) violated Articles 14 and 16 o…
C.A. PIOUSversusTHE STATE OF KERALA AND ANR.
2007 INSC 92714 September 2007Dismissed
The appellant, serving a life sentence for murder, applied for release on probation under the Kerala Prison Rules, 1958, which require a minimum of eight years of actual custody. He had served about six and a half years in prison but argued that a six‑year‑plus period of study leave should be counted as time served. Th…
PHULIA TUDU AND ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)
2007 INSC 92814 September 2007Disposed off
The appellants Phulia Tudu and another were convicted of murder under Section 302 read with Section 34 for allegedly assaulting the deceased Biti Murmu with a lathi, causing her death. On appeal, the Supreme Court examined the distinction between murder and culpable homicide not amounting to murder, focusing on the men…
SHRI MEHBOOB ALI AND ORS.versusSMT. HABIBAN
2006 INSC 61114 September 2006Appeal(s) allowed
The tenants sought relief under Order VI Rule 17 of the CPC, arguing that the landlord had not served a notice under Section 106 of the Transfer of Property Act before filing an eviction suit. A single judge of the Rajasthan High Court allowed the plea, relying on Prakash Mal v. Jaswant Raj Soni, which held that a noti…
SURESH CHANDRA NANHORYAversusRAJENDRA RAJAK AND ORS.
2006 INSC 61214 September 2006Appeal(s) allowed
The Supreme Court examined a civil revision order passed by the Madhya Pradesh High Court under Section 115 of the Code of Civil Procedure, 1908, which was decided after hearing only the applicant’s counsel and without issuing any notice to the appellant. A review petition highlighting the lack of notice was also dismi…
BANK OF INDIA AND ANR.versusAVINASH D. MANDIVIKAR AND ORS.
2005 INSC 41614 September 2005Appeal(s) allowed
The employee joined Bank of India in 1976 under the Scheduled Tribe reservation and was promoted in 1984. His caste certificate was referred to the Scrutiny Committee in 1987, which repeatedly invalidated it on grounds of fraud. The Bank terminated his services in 2002, but the Bombay High Court reinstated him, holding…
STATE OF RAJASTHANversusBHANWAR SINGH
2004 INSC 52114 September 2004Dismissed
The State of Rajasthan charged Bhanwar Singh and five others with murder under IPC s.302 and assault under s.323. The trial court convicted Singh, sentencing him to life imprisonment, while the High Court acquitted him, finding the prosecution case unreliable. The Supreme Court examined the credibility of three eyewitn…
M/S. ALEMBIC GLASS INDUSTRIES LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE
2006 INSC 51114 August 2006Appeal(s) allowed
Alembic Glass Industries Ltd., a glass manufacturer whose factory was closed after a strike, reduced its advertising expenditure. Its bulk purchaser, Mis Darshak Ltd., began advertising the glass to boost sales. The Central Excise authorities issued a show‑cause notice demanding duty on the basis that the advertising c…
UNION OF INDIAversusSATROHAN
2008 INSC 82014 July 2008Appeal(s) allowed
The police raided Satrohan's house and seized 309 kg of poppy straws. He was convicted by the trial court under Sections 8(c) and 15 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The Allahabad High Court acquitted him, holding that Sections 42(2) and 50 were not complied with and that his father's …
RAJ KUMARversusSTATE OF H.P.
2008 INSC 81814 July 2008Dismissed
Raj Kumar, a bus driver, was convicted under IPC sections 279 (rash driving) and 304A (causing death by negligence) after a collision caused the deaths of two children. The trial court sentenced him to one year of rigorous imprisonment and a fine; the Sessions Court dismissed his appeal, and the High Court rejected his…
SHAIKH AZIM @ VAKIL @ KUKUversusSTATE OF MAHARASHTRA
2008 INSC 82114 July 2008Case Allowed
Shaikh Azim, residing next to the deceased Abdul Jabbar Qureshi, got into a heated verbal altercation with the deceased's family over alleged filth being thrown across the boundary. During the ensuing fight, Azim struck the deceased on the head with a stick, causing a fatal bleeding injury; the deceased died the next d…
STATE OF PUNJABversusNAVRAJ SINGH
2008 INSC 82214 July 2008Case Allowed
Navraj Singh, a Patwari, was convicted under the Prevention of Corruption Act, 1988 (ss.7, 13(1)(d) r.w. s.13(2)) and sentenced to three years' rigorous imprisonment. He appealed the conviction and, after the appeal was admitted, applied under CrPC s.389(1) read with s.482 for suspension of the conviction. The Punjab a…
DAMARA VENKATA MURALI KRISHNA RAOversusGURUJUPALLI SATVATHAMMA
2008 INSC 82314 July 2008Case Partly allowed
The plaintiff filed a suit for recovery of money based on a promissory note. The defendant contended that he had discharged the debt by making payments evidenced by receipts (Exhibits B‑1 to B‑12) issued to the plaintiff’s son, who was later examined as a witness and denied his signatures on those receipts. The defenda…
DUMPALA CHANDRA REDDYversusNIMAKAYALA BALIREDDY AND ORS.
2008 INSC 81914 July 2008Appeal(s) allowed
The accused were charged with offences under Sections 147, 148, 149 and 302 of the Indian Penal Code for stabbing the deceased to death. The Trial Court convicted them under Sections 148 and 302 IPC and imposed life imprisonment for murder. On appeal, the Andhra Pradesh High Court altered the conviction to Section 326 …
STATE OF MADHYA PRADESHversusSANTOSH KUMAR
2006 INSC 43214 July 2006Appeal(s) allowed
The appellant State of Madhya Pradesh challenged the High Court's reduction of the rigorous imprisonment term for Santosh Kumar, who was convicted of raping a six‑year‑old girl under Section 376(2) of the IPC and also under Section 342. The trial court had sentenced him to ten years' rigorous imprisonment; the High Cou…
STANDARD CHARTERED BANK LTD.versusDR. B.N. RAMAN
2006 INSC 43314 July 2006Case Partly allowed
Dr. B.N. Raman, a non‑resident Indian, deposited US$5,000 in a Foreign Currency Non‑Resident (FCNR) account with Standard Chartered Bank in August 1979, which was to mature in November 1984 and was later reinvested at higher rates. The bank later claimed the deposit was prematurely withdrawn in November 1979, a claim t…
JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.
2006 INSC 43414 July 2006
The Supreme Court heard a group of appeals challenging the Bombay High Court's handling of a public interest litigation that questioned the legality of Regulation 33(7) of the Development Control Regulations, 1991 as amended in 1999. The petitioners alleged that the amendment, which fixed a minimum floor space index of…
M/S. JINDAL STAINLESS LTD. AND ANR.versusSTATE OF HARYANA AND ORS.
2006 INSC 43514 July 2006
Multiple appeals and writ petitions challenged various state levies imposed by Haryana, alleging that the taxes were compensatory in nature and violated Article 301 of the Constitution. The Supreme Court examined the judicially evolved concept of "compensatory tax" and overruled the earlier "some connection" test from …
DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD. AND ANR.versusSAMIR CHANDRA CHAUDHARY
2005 INSC 29514 July 2005Disposed off
The appellant insurer disputed a claim for damage to a taxi when a tree fell on it, arguing that the loss was caused by a storm and therefore excluded under the policy. The complainant initially admitted the storm in his claim and in a letter from his brother, but later produced a meteorological certificate asserting t…
NIRANJAN SINGHversusSTATE OF MADHYA PRADESH
2007 INSC 69614 June 2007Dismissed
The appellants, including Niranjan Singh, were convicted for robbery and for attempting to cause grievous hurt after they assaulted the shopkeeper with a knife, inflicting injuries on his chest just below the nipple and on his arm. The appellants contended that the injuries did not amount to "grievous hurt" under Secti…
DEEPAK RAJAKversusSTATE OF WEST BENGAL
2007 INSC 69714 June 2007Appeal(s) allowed
The appellant, Deepak Rajak, was convicted under Sections 302 and 201 read with Section 34 of the IPC. The co‑accused in the same case were later acquitted by the Supreme Court. The appellant sought to enjoy the benefit of that acquittal, but the State argued that he was not entitled because he had not surrendered imme…
STATE OF PUNJABversusSANJIV KUMAR@ SANJU AND ORS.
2007 INSC 69814 June 2007Dismissed
The State of Punjab appealed against the Punjab & Haryana High Court's acquittal of six accused persons in a case where nine individuals were charged under Sections 302, 323 read with Section 149 IPC for a violent altercation over photographs that resulted in two deaths. The trial court had convicted all nine, but the …
RAJKUMAR GURAWARA (DEAD) THR. L.RS.versusM/S S.K. SARWAGI & CO. PVT. LTD. & ANR.
2008 INSC 66914 May 2008Dismissed
The appellant, Rajkumar Gurwara (deceased) thr. LRs, filed a suit seeking a declaration of his exclusive right to mine a parcel of land. After the evidence was closed, the second defendant, M/s S.K. Sarwagi & Co. Pvt. Ltd., was impleaded, and the appellant then applied under Order VI Rule 17 of the CPC for amendment of…
BHUPENDRAversusSTATE OF MAHARASHTRA & ANR.
2008 INSC 67014 May 2008Dismissed
Bhupendra was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders and Dangerous Persons Act, 1981, and filed a habeas corpus petition challenging the order on the ground that there was no live link between his activities and the date of detention.…
TIKKA RAM & ANR.versusKARTARA (DECEASED) THROUGH LRS & ORS.
2008 INSC 67114 May 2008Dismissed
The plaintiffs, Tikka Ram and Sewa Ram, claimed to be tenants of a 40-kanal land for 12‑13 years and filed suits for pre‑emption against the vendor who had sold the land to the defendants. The trial court dismissed the suits; the first appellate court reversed the decision, but the High Court set aside that reversal an…
M.C. MEHTAversusUNION OF INDIA & ORS.
2008 INSC 66214 May 2008Dismissed
The Supreme Court examined petitions filed by developers who had created plots in the Aravalli Range and sold them to non‑resident buyers, seeking relief from a 1992 notification under Sections 3, 4 and 5 of the Punjab Land Preservation Act, 1900 that prohibited certain activities for 30 years. The petitioners argued t…
KAUSHALYA DEVIversusSHRI KARAN ARORA AND ORS.
2007 INSC 57314 May 2007Dismissed
A claim petition under Sections 166, 140 and 141 of the Motor Vehicles Act, 1988 was filed by the husband of Kaushalya Devi after their 14‑year‑old son died in a road accident. The driver, Karan Arora, was a minor without a licence; the Tribunal held the driver not liable but held the vehicle owner liable, awarding Rs …
RAM KUMAR BARNWALversusRAM LAKHAN (DEAD)
2007 INSC 57414 May 2007Case Partly allowed
The appellant, a landlord, filed a release petition under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. The Prescribed Authority, on the Commissioner’s report, held the petition non‑maintainable and the First Appellate Authority upheld that order. The appellant the…
MOHINDER KAURversusSTATE OF PUNJAB
2008 INSC 37614 March 2008Case Allowed
The appellant, a retired police constable, was accused in an FIR of demanding dowry from her daughter‑in‑law. She filed an application for anticipatory bail under Section 438 of the CrPC. The Punjab and Haryana High Court dismissed the application and, besides denying bail, ordered the seizure of her passport, the reco…
MD. KALAM @ ABDUL KALAMversusSTATE OF RAJASTHAN
2008 INSC 37914 March 2008Dismissed
The appellant, Mohd. Kalam, was convicted under Section 395 IPC for robbing the house of Vishwas Jain and his wife on the night of 8‑9 May 1994. After his arrest on 27 March 1998, a test identification parade was held on 3 April 1998, where the complainant (PW‑3) identified the appellant. The appellant challenged the c…
THE KERALA STATE ELECTRICITY BOARDversusB. SREEKUMARI
2008 INSC 38414 March 2008Case Allowed
The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of B. Sreekumari, allegedly reducing the market value of her property. The trial court enhanced the compensation awarded to her, and KSEB filed a civil revision petition before the Kerala High Court. The High Court dismiss…
MUNICIPAL CORPORATION FARIDABADversusDURGA PRASAD
2008 INSC 38614 March 2008Case Allowed
The respondent, employed as a baildar by the Municipal Corporation of Faridabad, suffered an accident in August 1992 and was unable to work, subsequently filing a claim petition. The employer contended that the respondent had worked only 179 days, not the 240 days required for entitlement to back wages, but the Labour …
M/S UMA SHANKER KAMAL NARAIN AND ANR.versusM/S. M.D. OVERSEAS LTD.
2007 INSC 28814 March 2007Disposed off
The plaintiffs filed a summary suit under Order XXXVII Rule I of the CPC for recovery of amounts due to four dishonoured cheques issued by the defendants. The defendants applied for leave to defend, but the Single Judge of the Delhi High Court held the defence to be a moon‑shine defence and refused leave, granting a de…
STATE OF PUNJABversusMOHINDER SINGH
2005 INSC 13914 March 2005Appeal(s) allowed
M. Singh, appointed as Patwari in 1958, claimed his date of birth was 1 Oct 1934, but an enquiry established it as 25 Nov 1931, leading to his dismissal. He sued to have the service book entry of 1 Oct 1934 upheld, relying on a horoscope. The trial court dismissed the suit; the first appellate court accepted the horosc…
M.P. HOUSING BOARDversusANIL KUMAR KHIWANI
2005 INSC 14014 March 2005Appeal(s) allowed
The M.P. Housing Board advertised residential and commercial units, stating an estimated cost of Rs 39 lacs for a showroom. The respondent, Anil Kumar Khiwani, applied and paid the 10 % registration amount based on that advertisement. After detailed project reports, the Board revised the actual cost to Rs 71 lacs and g…
RAMESH DASSversusRAGHU NATH AND ORS.
2008 INSC 18514 February 2008Appeal(s) allowed
The trial court convicted five accused of offences under Sections 148, 323, 324, 325 and 326 read with Section 149 of the IPC and sentenced them to imprisonment and fines. On appeal, the High Court reduced some sentences, enhanced the fine and ordered the accused to be released on probation under Section 360 of the CrP…
RAJASTHAN KRISHI VISHVA VIDHYALAYA, BIKANERversusDEVI SINGH
2008 INSC 18614 February 2008Appeal(s) allowed
The petitioners, who were engaged on a daily‑wage basis at the Rajasthan Krishi Vishva Vidyalaya research centre, were terminated when work ceased and sought regularisation as Class IV employees with regular pay, also challenging sections 7, 9, 11 and 19 of the Rajasthan Regulation of Appointments to Public Service and…
COMMNR. OF CUSTOMS, CENTRAL EXCISE, NOIDAversusM/S PUNJAB FIBRES LTD., NOIDA
2008 INSC 18714 February 2008Dismissed
The appeals concerned whether a High Court could condone a delay in filing a reference application under Section 35‑H of the Central Excise Act, 1944. The reference applications were filed after the statutory period of 180 days. The Court examined the provisions of Sections 35‑G, 35‑E(3) and the lack of any condonation…
SUMAN PANDEYversusSTATE OF UTTAR PRADESH AND ANR.
2007 INSC 14014 February 2007Appeal(s) allowed
The appellant Suman Pandey alleged that her brother was murdered by Jitendra Pratap Singh, the sole accused. An eye‑witness, Priyanka Tiwari, had given a statement under Section 164 CrPC but was studying abroad and could not be examined until her summer vacation. The High Court, after several bail applications, granted…
JAKKI @ SELVARAJ AND ANR.versusSTATE REP. BY THE IP, COIMBATORE
2007 INSC 14114 February 2007Dismissed
The appellants, JAKKI @ SELVARAJ and another, were convicted under Sections 148 and 302 IPC for the murder of a deceased, based primarily on the testimony of an eye‑witness (PW‑13) and corroborating medical evidence. Two other eye‑witnesses turned hostile, and the High Court acquitted four co‑accused, holding PW‑13's e…
SMT. SEEMAversusASHWANI KUMAR
2006 INSC 8314 February 2006
The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for voluntary registrati…
BRIJ LAL (DEAD) BY LRS. AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS. ETC. ETC.
2007 INSC 129013 December 2007Appeal(s) allowed
The case concerned surplus‑area determinations made under the Haryana Ceiling on Land Holdings Act, 1972, where land owners sought ejectment of tenants and the tenants challenged the orders after a long lapse of time. The Supreme Court examined whether the phrase "at any time" in Section 18(6) of the Act imposes a reas…
THE GENERAL MANAGER, PENCH AREA, PARASIA, M.P.versusBARKAN@ KANHAIYA
2007 INSC 129113 December 2007Appeal(s) allowed
The respondent filed a suit for specific performance of a contract of employment, alleging that the employer had failed to appoint his son despite a clause promising employment for four persons. The trial court, first appellate court, and High Court held the suit maintainable and ordered specific performance. On appeal…
RUGMINI AMMAL (DEAD) BY LRS.versusV. NARAYANA REDDIAR AND ORS.
2007 INSC 129213 December 2007Dismissed
The appellant challenged the validity of a lease agreement, alleging it was forged, and the Kerala High Court's Single Judge ordered a criminal complaint under Section 340 of the CrPC based on a handwriting expert's report. The High Court set aside that order, holding that Section 340 could not be invoked because the a…
PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.
2006 INSC 100113 December 2006Hearing Adjourned
The Supreme Court entertained a public‑interest petition filed by the People’s Union for Civil Liberties alleging that the Central and State Governments had failed to implement earlier court directions for universalisation of the Integrated Child Development Scheme (ICDS). The petition highlighted that many Anganwadi C…
UNION OF INDIA AND ANR.versusSHRIMATI CHAYA GHOSHAL AND ANR.
2004 INSC 71013 December 2004Disposed off
The Union of India appealed against a Calcutta High Court order that quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Rajen Ghosal, an exporter accused of mis‑declaring export consignments. The High Court had …
STATE OF PUNJAB AND ORS. ETC.versusSUPREET RAJPAL AND ANR. ETC.
2007 INSC 114713 November 2007Disposed off
The respondents, appointed as part‑time lecturers, filed writ petitions seeking regularisation of their services. The Punjab and Haryana High Court allowed the petitions and directed the authorities to regularise the respondents notwithstanding the contractual terms of their appointments. The State appealed, contending…
THANKACHAN AND ANR.versusSTATE OF KERALA
2007 INSC 114813 November 2007Case Partly allowed
The appellants were convicted of murder under Section 302 read with Section 34 IPC for a fatal assault on the deceased during a quarrel. The Supreme Court examined whether the incident fell within Exception 4 to Section 300 IPC, which applies to killings occurring in a sudden fight without pre‑meditation, undue advanta…
NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR AND ORS.versusCHANDRA SHEKHAR CHAUDHARY
2006 INSC 83913 November 2006Appeal(s) allowed
The respondent, an associate professor at NIT Jamshedpur, applied for admission to a Quality Improvement Programme at IIT Madras and sought leave from the institute. The institute denied permission, citing a rule that staff strength in the department could not fall below 70% upon relieving a teacher. A Single Judge all…
COMMISSIONER, SALES TAX, U.P.versusM/S MOHAN BRICKFIELD, AGRA
2006 INSC 84013 November 2006Appeal(s) allowed
The assessee, Mohan Brickfield, was engaged in brick manufacturing and sales. During two surveys of its premises in 1984-85, it failed to produce its books of accounts, which were later produced at the time of assessment. The Assessing Officer rejected the books, citing the non‑production at the surveys and other discr…
M/S SUPRA MARKETING AGENCIESversusCOMMERCIAL TAX OFFICER, HYDERABAD AND ORS.
2006 INSC 84113 November 2006Appeal(s) allowed
Supra Marketing Agencies, a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956, entered into a supply agreement with the Andhra Pradesh Backward Classes Cooperative Finance Corporation for the Adarna project. The State Commercial Tax Department directed the Corpor…
MINOR SUNIL ORAON TR. GUARDIAN AND ORS.versusC.B.S.E. AND ORS.
2006 INSC 84213 November 2006Dismissed
The Cambridge School, an unaffiliated institution, repeatedly violated CBSE's Examination and Affiliation Bye‑Laws by admitting students without meeting required standards. Despite CBSE’s warnings and withdrawal of provisional affiliation, the school sought permission for its Class X and XII students to sit for the 200…
ARUMUGAMversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU
2008 INSC 113413 October 2008Case Partly allowed
A dispute over panchayat elections led Arumugam (A‑1), Shanmugavel (A‑2) and Subbiah (A‑3) to attack their brother Vairamuthu with a spike, an aruval and a stick, causing his death. The trial court convicted A‑1 under s.302 IPC and the High Court upheld the conviction. On appeal, the accused argued that the testimony o…
SIDDHAPAL KAMALA YADAVversusSTATE OF MAHARASHTRA
2008 INSC 113513 October 2008Disposed off
The appellant, Sidhapal Kamala Yadav, a prisoner, was convicted of murdering co‑prisoner Dilip Sitaram Chaudhary in a hospital ward. He pleaded the defence of unsoundness of mind under Section 84 of the Indian Penal Code, claiming he was incapable of knowing the nature of his act. Two psychiatrists who examined him tes…
BUR SINGH AND ANR.versusSTATE OF PUNJAB
2008 INSC 113613 October 2008Dismissed
The appellants Bur Singh and others were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Surjan Singh. The prosecution relied on the testimony of two eye‑witnesses who were relatives of the deceased. The appellants argued that the witnesses were interested and that the doctrine…
HANUMAN RAMversusTHE STATE OF RAJASTHAN AND ORS.
2008 INSC 113713 October 2008Appeal(s) allowed
The accused (respondents 2 and 3) were tried for offences under Sections 147, 452, 364, 302/149 and 201/149 of the IPC. Two prosecution witnesses, PW‑3 (Bhopalaram) and PW‑5 (Nandaram), had been examined and cross‑examined in the trial court and later again as witnesses before a Juvenile Court, where they gave statemen…
RAM SINGHversusSTATE OF MADHYA PRADESH
2008 INSC 113813 October 2008Dismissed
Ram Singh and an accomplice were convicted of murder, house‑trespass and intimidation under Sections 302, 452 and 504 of the IPC after the deceased’s wife and son testified that the accused stabbed the victim inside his house. The appellants challenged the conviction on the ground that the eyewitnesses were close relat…
DHARAM SINGHversusKARNAIL SINGH AND ORS.
2008 INSC 113913 October 2008Disposed off
Dharam Singh filed a suit seeking a declaration of ownership of a property and restraining the defendants from transferring it. The trial court and the first appellate court decreed in his favour, but the High Court, on a second appeal filed by the defendants under Section 100 of the Code of Civil Procedure, set aside …
THE COMMISSIONER OF INCOME TAX-KOLHAPURversusTHE RATNAKAR BANK LTD.
2008 INSC 114013 October 2008Disposed off
The Revenue appealed against the Bombay High Court's order upholding the Income Tax Appellate Tribunal's view that interest earned by Ratnakar Bank Ltd. on government securities was not chargeable to tax under Section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether such interest falls within the …
THE COMMISSIONER OF INCOME TAX, KOLHAPURversusICICI BANK LTD.
2008 INSC 114113 October 2008Disposed off
The Revenue appealed against the Bombay High Court’s order upholding the Tribunal’s view that interest earned by ICICI Bank on government securities was not taxable under section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether the interest in question fell within the definition of "interest charg…
THE COMMISSIONER OF INCOME TAX, KOLHAPURversusINDUSTRIAL DEVELOPMENT BANK OF INDIA LTD.
2008 INSC 114213 October 2008Disposed off
The Commissioner of Income Tax appealed against the Bombay High Court's order upholding the Tribunal's view that interest earned by the Industrial Development Bank of India Ltd. on government securities was not assessable under Section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether the interest …
THE COMMISSIONER OF INCOME TAX, II, TIRUCHIRAPALLIversusCITY UNION BANK LTD.
2008 INSC 114313 October 2008Disposed off
The Supreme Court examined an appeal by the Commissioner of Income Tax challenging the High Court's affirmation that interest earned by City Union Bank on government securities was not assessable under section 2(7) of the Interest Tax Act, 1974. The Tribunal and the High Court had held the interest non‑taxable, relying…
ISHWARCHAND AMICHAND GOVADIA AND ORS.versusSTATE OF MAHARASHTRA AND ANR.
2006 INSC 69913 October 2006Appeal(s) allowed
The appellants were charged under Sections 306, 498A read with Section 34 of the IPC for the death of Sharmila. The complainant sought to introduce a later death certificate dated 10‑04‑2004, which alleged a different cause of death from an earlier certificate dated 18‑05‑2000. The trial court kept the certificate issu…
CH. RAMOJI RAO, CHAIRMAN RAMOJI GROUP OF COMPANIES AND ANR.versusSTATE OF ANDHRA PRADESH
2006 INSC 70013 October 2006Disposed off
The State of Andhra Pradesh filed a complaint under Sections 199 and 200 of the Cr.P.C. alleging that the appellants, through a telecast on E TV-2, intended to defame the Chief Minister, other ministers and public servants. The appellants sought to quash the criminal proceedings under Section 482 of the Cr.P.C., claimi…
KEDAR NATH AGRAWAL (DEAD) AND ANR.versusDHANRAJI DEVI (DEAD) BY LRS. AND ANR.
2004 INSC 60113 October 2004Case Partly allowed
The landlords applied under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of a shop occupied by the tenant, claiming a bona‑fide requirement. The Prescribed Authority, the District Judge and the High Court all upheld the eviction. During the pend…
RANGANAYAKIversusSTATE BY INSPECTOR OF POLICE
2004 INSC 60313 October 2004Appeal(s) allowed
The deceased was poisoned with brandy allegedly mixed with a toxic substance by the first accused (A-1). The prosecution claimed that the appellant, A-2, the deceased's former wife, instigated A-1 to commit the murder, leading to convictions under Section 302 read with Section 109 of the IPC. On appeal, the Supreme Cou…
COMMISSIONER OF CENTRAL EXCISE, DELHIversusMIS. ALLIED AIR-CONDITIONING CORPORATION (REGD.)
2006 INSC 60513 September 2006Disposed off
Allied Air‑Conditioning Corp manufactured package‑type air conditioners that were cleared in a knocked‑down condition and assembled on site. The Commissioner of Central Excise alleged duty evasion and invoked the extended period of limitation under the proviso to Section 11(A) of the Central Excise Act, 1944, assessing…
RAVI CONSTRUCTIONS CO.versusSOMVANSHI ARYA KSHATRIYA SAMAJ AND ORS.
2006 INSC 60613 September 2006Appeal(s) allowed
Ravi Constructions Co. appealed a Bombay High Court order that had allowed a second appeal under Section 100 of the CPC without framing a substantial question of law, challenging the validity of a consent decree entered in an earlier suit filed by the chief trustee of the Somvanshi Arya Kshatriya Samaj trust. The trust…
RAJASTHAN STATE GANGANAGAR S. MILLS LTD.versusSTATE OF RAJASTHAN AND ANR.
2004 INSC 51613 September 2004Leave Granted & Disposed off
Bhagwan Das, a daily‑wages worker, claimed that he was employed continuously from 1 March 1990 to 15 July 1992 and that his termination amounted to retrenchment under Sections 25(F), (G) and (H) of the Industrial Disputes Act, 1947, which require at least 240 days of work in the preceding twelve months. The employer co…
STATE OF HIMACHAL PRADESHversusSHREE KANT SHEKARI
2004 INSC 51813 September 2004Appeal(s) allowed
The accused, a school teacher, forcibly had sexual intercourse with his 4th‑standard student, who was about 14 years old at the time, and later became pregnant. The victim lodged an FIR after a delay, leading to trial where the accused was convicted under IPC sections 376 (rape) and 506 (criminal intimidation). The Hig…
PRAKASH BABU RAGHUVANSHIversusSTATE OF MADHYA PRADESH
2004 INSC 51913 September 2004Leave Granted & Disposed off
The appellant was convicted under Section 3 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for allegedly violating the Madhya Pradesh Sarvajanik Purti Vitaran Scheme, 1991. The appellant argued that the Scheme does not constitute an "order" as required by Section 3, and therefore Section 7 could n…
MALWA COTTON & SPINNING MILLS LTD.versusVIRSA SINGH SIDHU & ORS.
2008 INSC 93413 August 2008Appeal(s) allowed
The Supreme Court examined an appeal by Malwa Cotton & Spinning Mills Ltd. against the Punjab and Haryana High Court’s order quashing criminal proceedings under Section 138 of the Negotiable Instruments Act against its former director, Virsa Singh Sidhu. The director claimed to have resigned before the disputed cheques…
M/S. SANDUR MICRO CIRCUITS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, BELGAUM
2008 INSC 93513 August 2008Dismissed
The appellant, Sandur Micro Circuits Ltd., challenged a decision of the Customs, Excise and Service Tax Appellate Tribunal which held that Circular No. 42 of 1997 issued by the Central Board of Excise and Customs conflicted with Notification No. 2/95‑CE (and its amendments) issued under Section 5A(1) of the Central Exc…
GRID CORPORATION OF ORISSA LTD.versusGAJENDRA HALDEA AND ORS.
2008 INSC 93613 August 2008Disposed off
The case concerned a petition filed by Gajendra Haldea before the Central Electricity Regulatory Commission (CERC) under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003, seeking that Grid Corporation of Orissa Ltd (GRIDCO) adhere to a 4 paise per unit trading margin prescribed by CERC. CERC dismissed…
ARJUN MAHTOversusSTATE OF BIHAR
2008 INSC 93713 August 2008Dismissed
On 15 March 1983, a group of armed men entered the house of the informant Yusuf Ali Khan, injured him, his father and brother, and looted household property, constituting a dacoity. The trial court convicted five appellants under Section 396 IPC, later altered by the High Court to Section 395 IPC with a reduced sentenc…
KITTUSAMYversusSTATE OF TAMIL NADU
2007 INSC 82713 August 2007Dismissed
The appellant Kittusamy, along with Channappan and Palanisamy, were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Ayyasamy, their son‑in‑law. The prosecution case relied on three eyewitnesses – the victim's cousin and his parents – who described the accused arriving armed and…
ASIAN THERMAL INSULATION (I) P. LTDversusBRIDGE & ROOF CO. (I) LTD.
2007 INSC 82613 August 2007Disposed off
Asian Thermal Insulation (I) Ltd entered into a contract with Bridge & Roof Co. (I) Ltd that contained an arbitration clause. A dispute arose and the High Court, on the respondent's application, directed the matter to be placed before the Chief Justice of the Calcutta High Court for the appointment of an arbitrator und…
STATE, CBI, HYDERABADversusEDWIN DEVASAHAYAM
2007 INSC 75313 July 2007Appeal(s) allowed
The accused, an Assistant Commercial Manager in the Indian Railways, demanded and accepted a Rs 300 bribe from his subordinate, PW‑1, leading to a CBI investigation and charge‑sheet. The Special Judge convicted him under Section 7 of the Prevention of Corruption Act, 1988. The Andhra Pradesh High Court set aside the co…
MUKKARRAM ALI KHANversusSTATE OF U.P. & ORS.
2007 INSC 75413 July 2007Appeal(s) allowed
Mukkarram Ali Khan appealed against an order of the appellate authority under the Urban Land Ceiling Regulation Act, 1976, contending that the issues had already been decided by a prior order. The High Court refused to interfere, holding that the point was not raised before it. The appellant submitted an affidavit show…
M/S. HMT LTD .versusCOMMNR. CENTRAL EXCISE & CUSTOMS, AURANGABAD
2007 INSC 75513 July 2007Dismissed
The appellant, HMT Ltd., a manufacturer of dairy machinery, classified its machines such as pasteurizers, chillers, pumps, separators and butter packing machines under Chapter 84.34 of the Central Excise Tariff Act, 1985. The revenue authorities issued show‑cause notices alleging mis‑classification and proposed re‑clas…
UP STATE ROAD TRANSPORT CORPORATIONversusKRISHNA BALA AND ORS.
2006 INSC 42613 July 2006Case Partly allowed
The appellant, U.P. State Road Transport Corporation, challenged the award of Rs.5,12,000 made by a Motor Accident Claims Tribunal to the widows and children of Rajveer Singh, who died in a motor accident on 29‑Nov‑1990. The Tribunal had used a multiplier of 22, based on the deceased’s presumed 22 years of service left…
BHUPINDER SINGH AND ORS.versusJARNAIL SINGH AND ANR.
2006 INSC 42713 July 2006Appeal(s) allowed
The appellants were arrested for a dowry death under Section 304B(8) of the IPC and applied for bail, contending that the police challan had not been filed within the statutory period. The trial magistrate rejected bail, holding that the challan was filed within 90 days, while the Sessions Judge granted bail, interpret…
STATE OF ANDHRA PRADESHversusS. NARASIMHA KUMAR AND ORS.
2006 INSC 42813 July 2006Disposed off
The State of Andhra Pradesh appealed to the Supreme Court against a High Court order acquitting several accused, including D.V. Chandrasekhar (A‑3). While the appeal under Article 136 was pending, Chandrasekhar died, and his wife filed a petition asserting that the appeal had abated. The Court examined whether an appea…
STATE OF MADHYA PRADESHversusSALEEM@ CHAMARU AND ANR.
2005 INSC 29113 July 2005Disposed off
The State of Madhya Pradesh prosecuted Saleem@Chamaru and another accused for assaulting a police constable with a knife, invoking IPC sections 307 (attempt to murder) and 333 (voluntarily causing hurt to a public servant). The trial court sentenced them to five years for the 307 charge and four years for the 333 charg…
SYED PEDA AOWLIAversusPUBLIC PROSECUTOR, HIGH COURT OF AP., HYDERABAD
2008 INSC 75213 June 2008Dismissed
Five persons were tried for murder under Section 302 read with Section 34 of the IPC. The trial court acquitted all, finding the prosecution’s case unproved. The State appealed under Section 378(1) and (3) of the CrPC. The Andhra Pradesh High Court upheld the acquittal of four accused but convicted the appellant, Syed …
MD. KALAMversusTHE STATE OF BIHAR
2008 INSC 75313 June 2008Case Partly allowed
The case arose from an FIR lodged by the mother of a six‑year‑old girl alleging that the appellant had taken the child to a secluded place and raped her on 25 November 1997. The trial court and the Patna High Court convicted the appellant under Section 376 read with Section 511 of the IPC and sentenced him to ten years…
SHRI SHANKAR PRASAD GHOSH (DEAD)versusTHE STATE OF BIHAR & ANR.
2008 INSC 75413 June 2008Disposed off
Shankar Prasad Ghosh was convicted under several provisions of the IPC and the Prevention of Corruption Act, and his conviction was upheld by the High Court with altered sentences. He filed a special leave appeal before the Supreme Court, but died while the appeal was pending. Five years after his death, his relatives …
HEMCHAND JHAversusSTATE OF BIHAR
2008 INSC 75513 June 2008Dismissed
The appellant Hemchand Jha and two co‑accused approached a jeep at a petrol pump; Kripal Singh fired a pistol, killing Krishna Singh. Hemchand Jha was driving the motorcycle and was present at the scene but did not fire the weapon. He was convicted under Section 302 read with Section 34 of the IPC. On appeal, he conten…
HABIB IBRAHIMversusSTATE OF RAJASTHAN
2008 INSC 75613 June 2008Dismissed
Habib Ibrahim, a Pakistani national, was arrested for residing in India without a valid document. He possessed only a six‑month transit visa for Nepal and was found with a Pakistani passport but no permission to stay in India. He was charged under Section 3 read with Section 14 of the Foreigners Act, 1946, convicted by…
NEHRU @ JAWAHARversusSTATE OF CHHATTISGARH
2008 INSC 75713 June 2008Dismissed
The appellant, Nehru @ Jawahar, was convicted under Section 376 of the Indian Penal Code for raping a girl who initially claimed to be 14 years old, later found to be about 16. The appellant argued that the prosecution case was inconsistent because the medical examination was recorded at 9:15 AM while the FIR was lodge…
KATTA SURENDERAversusSTATE OF A.P.
2008 INSC 75813 June 2008Case Partly allowed
A dispute over a road between two villages escalated into violence, during which the accused A‑1 stabbed a villager (D‑1) who later died. The accused claimed he acted in private defence. The trial court convicted him under Section 302 IPC (murder) with life imprisonment; the High Court upheld this conviction. On appeal…
STATE OF RAJAS THANversusOM PRAKASH
2007 INSC 69313 June 2007Appeal(s) allowed
The State of Rajasthan appealed against the acquittal of Om Prakash, who had been convicted for murder under Section 302 IPC by the trial court based primarily on the testimony of a single eyewitness who was the younger brother of the deceased. The Rajasthan High Court set aside the conviction, holding that a solitary …
ASHOK PANDEYversusKM. MAYAWATI AND ORS.
2007 INSC 69413 June 2007Dismissed
The petition under Article 32 sought a writ of quo warranto against the Chief Minister and a Minister, alleging that their appointment was invalid because they were members of the Rajya Sabha and not of the State Legislature, thus supposedly falling outside Article 164(4). The Supreme Court examined Articles 163, 164(1…
STATE OF MADHYA PRADESHversusSEWA SINGH
2007 INSC 69513 June 2007Dismissed
The deceased was in police custody and was alleged to have been slapped and kicked on his testicles by the Sub‑Inspector, resulting in his death. The trial court convicted the Sub‑Inspector under Section 304 Part II of the IPC based on the testimony of a witness (PW‑6). The High Court acquitted, finding the witness’s s…
SIRIYA@ SHRI LALversusSTATE OF MADHYA PRADESH
2008 INSC 64713 May 2008Dismissed
The appellant, a father, was convicted under Section 376 of the Indian Penal Code for raping his minor daughter, with the prosecution relying on three eyewitnesses, medical examination reports, and age verification by X‑ray. The trial court sentenced him to life imprisonment and a fine, a sentence affirmed by the High …
RAMACHANDRANversusR. UDHAYAKUMAR & ORS.
2008 INSC 64913 May 2008Case Partly allowed
The appellant was convicted in a murder case and sought, through a petition under Section 482 of the CrPC, to have the investigation transferred to the Central Bureau of Investigation for a fresh probe. The Madras High Court ordered the case to be re‑investigated afresh by the CBI. The appellant challenged this directi…
STATE OF MADHYA PRADESHversusBABBU BARKARE @ DALAP SINGH
2005 INSC 28213 May 2005Disposed off
The State of Madhya Pradesh appealed against the High Court's reduction of a seven‑year rigorous imprisonment awarded to Babbu Barkare @ Dalap Singh for rape under Section 376 IPC to the eleven months already served, on the ground that the accused was an illiterate labourer from a rural area. The Supreme Court held tha…
D.G.M. (HR) P.G. CORPORATION OF INDIA LTD.versusT. VENKAT REDDY AND ORS.
2007 INSC 42013 April 2007Disposed off
The respondents, who were land oustees whose property was acquired by the appellant corporation for a sub‑station, filed a writ petition seeking that the corporation consider them for suitable employment as displaced persons. The High Court directed the corporation to consider their cases as per any existing schemes or…
RAMA PASWAN AND ORS.versusSTATE OF JHARKHAND
2007 INSC 42113 April 2007Dismissed
The case arose from an FIR alleging that the accused raped PW4 on 30 May 1992. After a protracted trial (1994‑2004), the accused sought to recall the victim for further cross‑examination under Section 311 of the CrPC, claiming that the parties had settled the dispute outside court and that the informant could not ident…
GOMTIversusTHAKURDAS AND ORS.
2007 INSC 42213 April 2007Case Partly allowed
The complainant appealed against the Allahabad High Court's orders granting bail to five convicted respondents under Section 389 of the Code of Criminal Procedure, 1973, while their appeals against convictions for murder and related offences were pending. The High Court had justified the bail on the ground that the acc…
SUPREME COURT BAR ASSOCIATIONversusUNION OF INDIA AND ORS.
2007 INSC 42313 April 2007Case Allowed
The Supreme Court Bar Association filed a writ petition under Article 32 challenging the appointment of retired High Court judges as Executive Chairmen of State Legal Service Authorities, alleging it contravenes the Legislative Services Authorities Act, 1987 and hampers the authorities' effectiveness. The petition high…
STATE OF MAHARASHTRA AND ANR.versusSURESH PANDURANG DARVAKAR
2006 INSC 22713 April 2006Appeal(s) allowed
The State of Maharashtra appealed against a Bombay High Court order that released convicted rapist Suresh Pandurang Darvakar on furlough. Darvakar, sentenced to seven years for offences under Sections 376 and 354 IPC, applied for furlough but his sister refused to stand surety, and police reports indicated no recommend…
KHILARIversusSTATE OF U.P. AND ANR.
2008 INSC 35613 March 2008Case Allowed
The Supreme Court examined the High Court's order granting bail to a convicted murderer (respondent No.2) under Section 389 of the Code of Criminal Procedure while his appeal was pending. The conviction was based on three eye‑witnesses and the trial court had held that the injuries could have been caused by iron rods. …
UNION OF INDIA & ORS.versusSURINDER SINGH RATHORE
2008 INSC 35713 March 2008Case Allowed
Surinder Singh Rathore, a Signal Man in the Indian Army, was discharged in 1993 with a 30% disability due to maculopathy of the eye. The Release Medical Board concluded that his disability was neither attributable to nor aggravated by military service, and consequently his claim for a disability pension was rejected. T…
THUKARAM AND ORS.versusSTATE OF KARNATAKA
2008 INSC 35113 March 2008Dismissed
The appellants were convicted under Section 304(II) of the Indian Penal Code for murder, based largely on the testimony of witnesses who were relatives of the deceased (PWs 1, 2 and 5). They appealed, arguing that the evidence of these related witnesses should be excluded as biased. The Supreme Court held that a witnes…
SUBHAKAR AND ORS.versusHARIDEESH KUMAR AND ORS.
2007 INSC 28013 March 2007Dismissed
The appellants, Subhakar and others, claimed occupancy rights as Chalgeni tenants over two parcels of "Punja" land in Dakshina Kannada under the Karnataka Land Reforms Act, 1961. The respondent, Harideesh Kumar, asserted ownership based on a gift deed. The Land Tribunal initially granted occupancy rights to the appella…
GOPALversusSTATE OF RAJASTHAN
2009 INSC 18613 February 2009Appeal(s) allowed
The appellant Gopal was charged under Sections 498A and 306 IPC for allegedly subjecting his wife to cruelty that led to her death by asphyxia 22 years after their marriage. The trial court acquitted him on both counts, but the Rajasthan High Court convicted him under Section 498A, holding that the cruelty provision ap…
STATE OF M.P.versusABDUL KADIR & ANR.
2009 INSC 18713 February 2009Appeal(s) allowed
The State of Madhya Pradesh appealed against a High Court judgment that granted Abdul Kadir, a life convict for murder, release on probation under the Madhya Pradesh Prisoners (Release on Probation) Act, 1954. Although the District Magistrate and Superintendent of Police recommended release, the Probation Board rejecte…
NI. PRA CHANNABASAVA D.S. MATADHIPATHIGALU KANNADA MUTTversusC.P. KAVEERAMMA AND ORS.
2009 INSC 18813 February 2009Appeal(s) allowed
The Kannada Mutt, a religious institution, held jagir lands that were abolished under the Karnataka Certain Inams Abolition Act, 1977, vesting the lands in the State. The Mutt was later re‑granted the land, but the mortgagees claimed that the earlier mortgage was revived by the re‑grant and sought possession. The Karna…
SPECIAL LAND ACQUISITION OFFICERversusCHANDRAMMA (DEAD) BY LRS.
2009 INSC 18913 February 2009Case Partly allowed
The Special Land Acquisition Officer appealed against the Karnataka High Court’s dismissal of reference petitions filed under Section 54(1) of the Land Acquisition Act, 1894, seeking enhanced compensation for structures on acquired land. The High Court had held that the reference court’s valuation, which fixed a higher…
UNISON ELECTRONICS PVT. LTD. AND ANR.versusCOMMISSIONER, CENTRAL EXCISE, NOIDA
2009 INSC 19013 February 2009Dismissed
Unison Electronics Pvt. Ltd. manufactured ice‑cream makers under its own brand "CREMICA" and sold them to United Tele Shopping (UTS) and Tele Shopping Network (TSN). The customers' supervisors affixed stickers bearing the abbreviations "UTS" and "TSN" on the goods before dispatch. The Central Excise Department treated …
B. VISHWANATHversusSTATE OF KARNATAKA
2008 INSC 18413 February 2008Appeal(s) allowed
B. Vishwanath was convicted by a trial court for offences under Sections 307, 427 and 448 of the Indian Penal Code for assaulting his sister‑in‑law and mother with a sickle. He appealed to the Karnataka High Court, which on 1 July 2006 disposed of the appeal without indicating whether it was allowed or dismissed, merel…
STATE OF NCT OF DELHIversusRAVI KANT SHARMA AND ORS.
2007 INSC 13413 February 2007Appeal(s) allowed
The State of NCT of Delhi sought to compel the accused, Ravi Kant Sharma and others, to be supplied with the "gists" of statements recorded by the investigating officer during interrogation. The trial court held that such gists amounted to statements under Section 161(3) of the Criminal Procedure Code (CrPC) and must b…
DIVISIONAL CONTROLLER, G.S.R.T.C.versusKADARBHAI J. SUTHAR
2007 INSC 13513 February 2007Appeal(s) allowed
The respondent, a driver for the Gujarat State Road Transport Corporation, caused a fatal accident; he was acquitted in the criminal trial but the corporation dismissed him after departmental proceedings found him guilty of misconduct. The Labour Court reinstated him without back wages, citing the acquittal, but the Hi…
SHIVU AND ANR.versusR.G. HIGH COURT OF KARNATAKA AND ANR.
2007 INSC 13613 February 2007Dismissed
The accused were convicted of raping and murdering a young woman, Shivamma, under IPC sections 376 and 302 read with section 34, based solely on circumstantial evidence. The trial court sentenced them to death, which the Karnataka High Court confirmed under Section 366 of the CrPC. On appeal, the Supreme Court examined…
VEMAREDDY KUMARASWAMY REDDY AND ANR.versusSTATE OF A.P.
2006 INSC 8013 February 2006Appeal(s) allowed
The appellants, Vemareddy Kumaraswamy Reddy and another, had surrendered surplus agricultural land that contained fruit‑bearing cashew trees. The dispute centered on the amount payable for those trees under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, specifically the seignorage rates n…
VAMAN NARAIN GHIYAversusSTATE OF RAJASTHAN
2008 INSC 142012 December 2008Dismissed
Vaman Narain Ghiya, accused of smuggling antiques, was charged under IPC sections 413, 457, 380 and 411. He argued that he should be released on bail under Section 439 of the Code of Criminal Procedure, 1973, relying on the fact that he had obtained bail in six of ten cases, had been in custody for over two and a half …
ANIL KUMAR GOELversusKISHAN CHAND KAURA
2007 INSC 127112 December 2007Appeal(s) allowed
The appellant issued a cheque on 31 March 1998 which was dishonoured on two occasions; notices were served and a complaint under Section 138 of the Negotiable Instruments Act was filed on 28 November 1998. The appellant sought to quash the complaint on the ground that the complaint was filed beyond the one‑month limita…
GENERAL MANAGER, UCO BANK & ANR.versusM. VENURANGANATH
2007 INSC 127412 December 2007Dismissed
M. Venurangnanath, a branch manager of UCO Bank, was charged with offences under the IPC and the Prevention of Corruption Act and was acquitted with benefit of doubt. He had been suspended from service during the criminal proceedings and, after reinstatement, faced departmental enquiry which found him guilty, resulting…
THE DIRECTOR GENERAL, BORDER SECURITY FORCE AND ORS.versusDEENAMMA SANDEL
2007 INSC 127912 December 2007Disposed off
The Director General of the Border Security Force appealed against a Kerala High Court order that directed the authorities to consider the representation of Deenamma Sandel, an employee who had resigned under Rule 19 of the BSF Rules, 1969, and was claiming a pension. The central issue was whether an employee who resig…
MAGNA PUBLISHERS CO. LTD. & ORS.versusSHILPA S. SHETTY
2007 INSC 128212 December 2007Disposed off
The film actress Shilpa S. Shetty filed a civil suit for Rs 20 crore in damages and an injunction against Magna Publishers and others, alleging that three articles published in the magazine 'Stardust' were defamatory and would damage her career. The Bombay High Court, on a prima facie view, granted an ad interim injunc…
COMMISSIONER OF CENTRAL EXCISE, INDOREversusM/S. VIRDI BROTHERS AND ORS.
2006 INSC 99712 December 2006Dismissed
The Commissioner of Central Excise appealed against the CEGAT order that refrigeration, cold storage, central air‑conditioning and caustic soda plants assembled at site are not excisable goods. The appellants contended that assembling duty‑paid components into a new marketable plant creates a new commodity liable to ex…
BABLU @ MUBARIK HUSSAINversusSTATE OF RAJASTHAN
2006 INSC 99812 December 2006Dismissed
The appellant, Bablu (Mubarik Hussain), was convicted of murdering his wife, three minor daughters and a minor son by strangulation. The trial court relied on an extrajudicial confession, the appellant's presence at the crime scene and the recovery of the wife's earring to uphold a conviction under Section 302 IPC and …
M/S. U.P.S.R.T.C.versusIMTIAZ HUSSAIN
2005 INSC 61312 December 2005Appeal(s) allowed
The respondent, a conductor, was suspended and later removed from service for not issuing tickets. The Labour Court reinstated him but held he was not a permanent conductor and therefore denied back wages. The respondent filed an application under Section 6(6) of the Uttar Pradesh Industrial Disputes Act seeking modifi…
STATE OF RAJASTHAN AND ANR.versusSMT. AMARJEET KAUR AND ORS.
2002 INSC 53512 December 2002Dismissed
The respondents, landholders under the Rajasthan Tenancy Act, 1955, were initially found not to hold surplus land. After the Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973 came into force, they were later declared to have surplus land and the State sought to reopen the earlier 1955 proceedings und…
STATE OF U.P.versusILYAS
2008 INSC 129312 November 2008Case Partly allowed
The State of Uttar Pradesh prosecuted Ilyas and a co-accused for robbery committed with a country-made pistol and knife, during which injuries were inflicted on victims. The trial court, relying on three eye‑witnesses and a test identification parade, convicted both under Section 397 of the Indian Penal Code (IPC) and …
DASARI PEDA GONDIYYAversusSTATION HOUSE OFFICER, JANGREDDYGUDEM
2008 INSC 129412 November 2008Dismissed
The appellant, who kept the deceased as his mistress, allegedly poured kerosene on her and set her alight, causing fatal burns. The prosecution relied on three dying declarations recorded by the deceased’s mother, a Mandal Revenue Officer and a Sub‑Inspector of Police, all of which consistently identified the appellant…
STATE OF TAMIL NADU & ANR.versusABDULLAH KADHER BATCHA & ANR.
2008 INSC 129112 November 2008Case Partly allowed
The State of Tamil Nadu detained Abdullah Kadher Batcha under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 11 August 1999. The detenu filed a representation on 4 September 1999 requesting copies of documents that formed the basis of his detention, including…
S. RAGHU RAMAIAHversusSTATE OF ANDHRA PRADESH
2008 INSC 129512 November 2008Appeal(s) allowed
The appellant, S. Raghu Ramaiah, a Junior Assistant in the Commissioner’s Endowments Office, was convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for receiving illegal gratification. He appealed the conviction before the Andhra Pradesh High Court (Criminal Appeal No. 1922 of 1999…
RAGHBIR SINGH AND ORS.versusSTATE OF HARYANA
2008 INSC 129612 November 2008Disposed off
The appellants and a co‑accused were charged with offences including murder (s.302 IPC) arising from a violent dispute in which the deceased was attacked with lathis. The accused claimed they acted in private defence, asserting that the victim and his brother had assaulted them first. The Supreme Court examined the sta…
M/S. INDIA CINE AGENCIESversusCOMMISSIONER OF INCOME TAX, MADRAS
2008 INSC 129712 November 2008Appeal(s) allowed
MIS. India Cine Agencies appealed against the Commissioner of Income Tax, Madras, contending that the conversion of jumbo rolls of photographic film into smaller rolls constituted manufacture/production under Sections 32AB, 80HH and 80I of the Income Tax Act, 1961, and therefore qualified for a permissible deduction. T…
THE REGIONAL MANAGER, APSRTCversusN. SATYANARAYANA AND ORS.
2007 INSC 113312 November 2007Appeal(s) allowed
The respondents were appointed as conductors on a daily‑wage basis and were later regularized on 1 August 1987. In 1999 they filed a writ petition under Article 226 seeking regularization retroactive to their initial appointment date, without explaining the long delay. The High Court allowed the petition, relying on th…
GALI VENKATAIAHversusSTATE OF ANDHRA PRADESH
2007 INSC 113412 November 2007Case Partly allowed
Gali Venkatiah was convicted of murder for stabbing his brother Gali Krishnaiah, based on the testimony of the deceased's wife and sons. The appellant argued that the witnesses were interested parties and that the killing occurred in a sudden quarrel, invoking Exception 4 to Section 300 IPC. The Supreme Court held that…
FOOD CORPORATION OF INDIA AND ORS.versusVIKAS MAJDOOR KAMDAR SAHKARI MANDLI LTD.
2007 INSC 113512 November 2007Case Partly allowed
The Food Corporation of India contracted Vikas Majdoor Kamdaar Sahakari Mandli Ltd. to perform stevedoring and cargo handling at Kandla Port. The corporation later requested the contractor to increase the discharge rate, leading the contractor to incur extra expenses and seek higher remuneration. The trial court dismis…
M/S. CANON STEELS P. LTD.versusCOMMISSIONER OF CUSTOMS
2007 INSC 113612 November 2007Disposed off
Mis. Canon Steels Ltd appealed to the Supreme Court against the Punjab & Haryana High Court’s dismissal of its customs appeal, arguing that the High Court lacked territorial jurisdiction because the original adjudication order was passed in Mumbai and the appellate order by CESTAT was issued in Delhi. The Supreme Court…
M.P. STATE ELECTRICITY BOARD AND ANR.versusGRASIM INDUSTRIES LTD.
2007 INSC 113712 November 2007Dismissed
The Madhya Pradesh State Electricity Board deleted clauses 21(t) and 21(g) of its general conditions that required payment of interest on security deposits. Grasim Industries Ltd challenged the deletion through writ petitions. A Single Judge of the High Court held the deletion permissible, but a Division Bench reversed…
COMMNR. OF CENTRAL EXCISE, ALLAHABADversusM/S. SOMAIYA ORGANICS (INDIA) LTD.
2007 INSC 113812 November 2007Case Partly allowed
The assessee, Mis. Somaiya Organics (India) Ltd., operated a distillery that produced ethyl alcohol denatured (SDS) and a chemical factory that consumed the SDS for manufacturing specified chemicals. The assessee valued the transferred SDS on a costing basis under Rule 6(b)(ii) of the Central Excise Valuation Rules, 19…
M/S. JASWANT TALKIESversusCOMMERCIAL TAXES OFFICER, BHILWARA
2007 INSC 113912 November 2007Appeal(s) allowed
The appellant, an exhibitor of cinematograph films, was found to have admitted 878 school children without tickets and was penalised under Section 10 of the Rajasthan Entertainment and Advertisement Tax Act, 1957. The Assessing Officer imposed a penalty of Rs.500 per viewer, totalling Rs.4,39,000, in addition to a Rs.5…