HARI RAMversusSTATE OF U.P.
2004 INSC 4279 August 2004Dismissed
Hari Ram was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of his brother-in-law, Kundan Lal, over a land dispute. The prosecution relied on the testimony of two eyewitnesses, who were relatives of the deceased, to establish that Hari Ram brandished a pistol and, to…
PRAKASH CHANDversusSTATE OF H.P.
2004 INSC 4289 August 2004Case Partly allowed
The appellant, accused of fratricide, shot his brother from about 35 feet after a verbal quarrel over the brother's dogs. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment, a decision upheld by the High Court. On appeal, the Supreme Court examined whether the incident f…
SRIDHAR BHUYANversusSTATE OF ORISSA
2004 INSC 4299 August 2004Case Partly allowed
The appellant, Sridhar Bhuyan, was convicted of murder under Section 302 IPC for stabbing the deceased during a quarrel over an eve‑teasing incident. The trial and High Courts upheld the conviction, but the appellant contended that the killing occurred in a sudden fight and fell under Exception 4 to Section 300 IPC, wh…
STATE OF MAHARASHTRAversusGAJANAN @ HEMANT JANARDHAN WANKHEDE
2008 INSC 7889 July 2008Case Allowed
The accused was convicted by the trial court for kidnapping (IPC ss.363, 366) and rape (IPC s.376) of a girl who was 14 years old at the time of the offence, based on school records showing her date of birth as 4‑6‑1976 and medical evidence confirming her age. The High Court set aside the conviction, holding that the g…
PANFUL NESSAversusMD. MIRAJ ALI AND ORS.
2008 INSC 7899 July 2008Case Allowed
The Supreme Court reviewed a petition under Section 482 of the Code of Criminal Procedure filed by ten accused who had been declared absconders and against whom non‑bailable warrants were issued for a murder case. The Gauhati High Court, instead of merely examining the propriety of the warrants, directed that the accus…
GENOA SINGH AND ORS.versusSTATE OF U.P.
2008 INSC 7909 July 2008Case Partly allowed
The appellants, Genoa Singh and others, were convicted for the murder of the complainant's father and uncle after a dispute over a field boundary. They claimed the violence was in exercise of the right of private defence. The Supreme Court examined the scope of Sections 96‑106 of the IPC, the burden of proof under Sect…
SEEMAversusASHWANI KUMAR
2008 INSC 7919 July 2008Hearing Adjourned
The Supreme Court, hearing Seema v. Ashwani Kumar (Transfer Petition No. 291 of 2005), examined the compliance of various States and Union Territories with its earlier directions to frame statutes mandating compulsory registration of marriages. The Court noted that some jurisdictions had enacted or drafted rules, while…
STATE OF TAMIL NADU AND ANR.versusR. SASIKUMAR
2008 INSC 7849 July 2008Case Partly allowed
The respondent R. Sasikumar was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982. His mother filed a representation to the Chief Minister, copying the Director General of Poli…
STATE OF KERALA AND ORS.versusK. PRASAD AND ANR.
2007 INSC 7279 July 2007Appeal(s) allowed
Two aided primary schools in Kerala applied for upgradation to secondary level but the State rejected the applications citing lack of funds and non‑compliance with the Kerala Education Rules, 1959. The schools claimed discrimination, arguing that two other schools had previously been upgraded by relaxing the same rules…
PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.
2007 INSC 7309 July 2007Hearing Adjourned
The Supreme Court entertained a public‑interest writ petition filed by the People’s Union for Civil Liberties seeking compliance with its earlier direction that the Government of India sanction and operationalise a minimum of 14 lakh Anganwadi centres under the Integrated Child Development Scheme by December 2008. By M…
STATE OF KARNATAKAversusKHATU@ HANUMANTHARAYA
2007 INSC 7339 July 2007Case Allowed
The State of Karnataka prosecuted Khatua for setting his brother‑in‑law on fire, resulting in death. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment. On appeal, the Karnataka High Court altered the conviction to Section 304 Part‑II IPC, reasoning that the accused acte…
GENERAL INSURANCE COUNCIL AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
2007 INSC 7349 July 2007Disposed off
The General Insurance Council filed a writ petition seeking a direction to all State Governments and Union Territories to ensure that police officers comply with Section 158(6) of the Motor Vehicles Act, 1988, which obliges them to forward accident reports to the appropriate Claims Tribunal and insurer "as soon as" the…
M/S. DIT (INTERNATIONAL TAXATION), MUMBAIversusM/S. MORGAN STANLEY & CO.
2007 INSC 7359 July 2007Case Partly allowed
Morgan Stanley & Co. (MSCo) sought an advance ruling on whether it had a permanent establishment (PE) in India through its Indian subsidiary, Morgan Stanley Advantage Services Pvt Ltd (MSAS), and on the appropriate transfer pricing method for the services rendered. The Authority for Advance Rulings (AAR) held that MSCo…
RESERVE BANK OF INDIAversusSAHARA INDIA FINANCIAL CORPORATION
2008 INSC 7459 June 2008Disposed off
The Reserve Bank of India (RBI) issued a show‑cause notice to Sahara India Financial Corp. Ltd. (Sahara) on 9 May 2008, restraining it from accepting deposits from existing and new depositors, and passed an order on 4 June 2008 effecting the restraint. Sahara filed a writ petition before the Allahabad High Court, claim…
SENTHAMILSELVIversusSTATE OF TAMIL NADU AND ANR.
2006 INSC 3709 June 2006Dismissed
The appellant, the mother of a detainee, challenged his preventive detention on three grounds: alleged delay in disposing of his representation, the detaining authority's inference that he might be released on bail despite no bail application, and the non‑supply of a co‑accused's confessional statement that was referen…
UNION OF INDIA AND ORS.versusM. MATHIVANAN
2006 INSC 3719 June 2006Dismissed
T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2008 INSC 6209 May 2008Disposed off
The Supreme Court, hearing T.N. Godavarman Thirumulpad v. Union of India (Writ Petition No. 202 of 1955), corrected typographical errors in its earlier order dated 28 March 2008 concerning exemptions from payment of Net Present Value (NPV) under s.3(3) of the Environment Protection Act, 1986. The Court clarified the ca…
ASHOK KUMAR PANDEY & ORS.versusSTATE OF BIHAR
2008 INSC 6219 May 2008Dismissed
The appellants, Ashok Kumar Pandey and others, had mortgaged portions of their land in 1966 and later transferred the same lands to the mortgagees by registered deeds in 1972, after the notified ceiling date of 9‑9‑1970 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. L…
GIRISH SINGHversusSTATE OF UTTARANCHAL
2008 INSC 6259 May 2008Dismissed
Girish Singh was convicted under Section 304 Part I of the IPC for pushing the deceased, Sageer Ansari, causing his fall and death. The appellant argued that the charge should be under Section 304A, which deals with death caused by negligence, contending there was no intention or knowledge to cause death. The trial cou…
M/S RELAX SAFETY INDUSTRIES, MUMBAI AND ANR.versusTHE COMMISSIONER OF CUSTOMS, (IMPORT), MUMBAI
2007 INSC 5489 May 2007Dismissed
Relax Safety Industries imported a consignment described as "moulded plastic parts" and "plastic fabricated cups" and declared a low value. Subsequent investigation revealed that the goods were actually dust‑and‑mist respirators, earplugs and a mould, which had been grossly undervalued and mis‑declared. The Collector o…
DINKAR MARUTI JADHAVversusNIVRUTII GANGARAM PAWAR (D) BY LRS. & ORS.
2007 INSC 5509 May 2007Matter referred to larger bench
The appeal concerned the interpretation of Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, in a dispute between a landlord and a tenant. The landlord had sought possession under Section 33-B, while the tenant contested on the ground of lack of bona‑fide requirement and personal cultivatio…
NATIONAL INSURANCE CORPORATION LTD.versusKANTI DEVI AND ORS.
2005 INSC 2699 May 2005Disposed off
The claimant, Kanti Devi, filed a claim before the Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988 for the death of her son in a road accident. The insurer, National Insurance Corporation Ltd., contended that the driver of the vehicle did not hold a licence appropriate for the …
POSURAM DESHMUKHversusSTATE OF CHHATTISGARH
2009 INSC 4759 April 2009Appeal(s) allowed
The appellant Posuram Deshmukh (Posu) and a co‑accused attacked Hiralal, who was blocking a watercourse, with a chatwar and a lathi during an altercation over water rights. Hiralal sustained fatal injuries and died en route to the hospital. The trial court convicted Posu under Section 302 read with Section 34 IPC, a co…
PTC INDIA LTD.versusGAJENDRA HALDEA AND ORS.
2009 INSC 4769 April 2009Appeal(s) allowed
PTC India Ltd. appealed against an order of the Appellate Tribunal for Electricity (ATE) that, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. The appellant contended that the Tribunal lacked authorit…
CENTRAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA AND ORS.
2009 INSC 4779 April 2009Appeal(s) allowed
The appeal challenged an order of the Appellate Tribunal for Electricity directing all Electricity Regulatory Commissions to fix trading margins, which the appellant argued amounted to tariff determination beyond the Tribunal's power under Section 121 of the Electricity Act, 2003. The appellant, Gajendra Haldia, had no…
WEST BENGAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA & ORS.
2009 INSC 4789 April 2009Appeal(s) allowed
The West Bengal Electricity Regulatory Commission appealed against an order of the Appellate Tribunal for Electricity that, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all regulatory commissions to fix trading margins as if they were tariff determinations. The Commission contended that the Tribun…
CESC LTD.versusGAJENDRA HALDEA AND ORS.
2009 INSC 4799 April 2009Appeal(s) allowed
CESC Ltd appealed against an order of the Appellate Tribunal for Electricity (ATE) that, invoking sections 60 and 66 of the Electricity Act, 2003, directed all Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. CESC contended that the Tribunal lacked jurisdiction to prescri…
WEST BENGAL STATE ELECTRICITY BOARDversusGAJENDRA HALDEA AND ORS.
2009 INSC 4809 April 2009Appeal(s) allowed
The West Bengal State Electricity Board appealed against an order of the Appellate Tribunal for Electricity which, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all State Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. The Board contended that the Tr…
THE LT. GOVERNOR & ORS.versusSHIV CHANDER MORE & ORS.
2008 INSC 4679 April 2008Appeal(s) allowed
The Lt. Governor refused to grant a second renewal of a licence to Shiv Chander More, relying on the Supreme Court’s decision in Ratan Kaur v. Union of India. The High Court’s Single Judge accepted the applicability of that precedent but still granted relief, while the Division Bench later held the precedent inapplicab…
STATE OF BIHAR (NOW JHARKHAND) AND ORS.versusBOKARO AND RAMGUR LTD. AND ORS.
2008 INSC 4689 April 2008Case Allowed
The dispute concerned the character of the Raja Bungalow, whether it was used solely as a residential dwelling of the Raja or as an office/kutchery for collecting rent of the Ramgarh Estate. The trial court held that the premises was not primarily an office, a finding the Patna High Court set aside, concluding that the…
M/S. NOVVA ADSversusSECRETARY, DEPTT. OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY AND ANR.
2008 INSC 4699 April 2008Dismissed
M/s. Nowa Ads challenged the constitutional validity of Sections 326A‑J of the Chennai City Municipal Act, 1919 and the 2003 Advertising Rules, alleging violations of Articles 14 and 19 of the Constitution. The petitioners argued that the provisions unduly restricted the right to advertise on private property and amoun…
NARAIN SINGH AND ORS.versusSTATE OF HARYANA
2008 INSC 4719 April 2008Disposed off
The appellants, led by Narain Singh, were involved in a land dispute during which they attempted to sow jowar in a field belonging to the complainants. When the complainants and their husband tried to stop them, Narain Singh fired a gunshot that killed the husband, and his sons assaulted the complainants with sticks. T…
M.R. SATWAJI RAO (D) BY L.RS.versusB. SHAMA RAO (DEAD) BY L.RS. & ORS.
2008 INSC 4729 April 2008Dismissed
The appellant mortgagee had taken a usufructuary mortgage on a property in 1948, allowing the mortgagor to remain in possession as a tenant. When the mortgagor defaulted on rent, the mortgagee obtained a money decree for arrears of rent and, in execution, purchased the property at a public auction without instituting a…
SHIV KANT YADAVversusINDIAN OIL CORPORATION AND ORS.
2007 INSC 3889 April 2007Dismissed
Indian Oil Corporation invited applications for a dealership and prepared a selection panel that initially included Shiv Kant Yadav. Other candidates complained that Yadav had not fully disclosed his income in the application. An enquiry found that Yadav’s actual income exceeded the amount he declared, violating an und…
UNIVERSITY OF KERALAversusCOUNCIL, PRINCIPALS COLLEGES, KERALA AND ORS.
2007 INSC 3929 April 2007Dismissed
STATE OF KERALA AND ANR.versusM.A. MATHAI
2007 INSC 3939 April 2007Appeal(s) allowed
The State of Kerala appealed a judgment that had awarded damages to contractor M.A. Mathai for alleged delay in completing work. The contractor claimed that extensions and supplemental agreements were obtained under coercion and that, lacking an escalation clause, he was entitled to damages. The trial court and Kerala …
UNION OF INDIAversusANANTO (DEAD) AND ANR.
2007 INSC 2749 March 2007
The respondent filed a writ petition seeking appointment of an arbitrator under Section 8(1)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952. Before the High Court heard the petition, the matter was referred to a Lok Adalat, which directed the Union of India to appoint an arbitrator. The Union a…
N.K. WAHIversusSHEKHAR SINGH AND ORS.
2007 INSC 2759 March 2007Dismissed
The appellant filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act against Mis Western India Industries Ltd. and several of its directors, alleging joint liability for dishonoured cheques. The respondents contended they were not directors at the relevant time and that the complaint lacked spec…
K. VENKATACHALA BHAT AND ANR.versusKRISHNA NAYAK (D) BY LRS. AND ORS.
2005 INSC 1269 March 2005Disposed off
The appellants challenged a writ petition that had been disposed of by a single High Court judge on the basis of a purported compromise memo signed only by the respondents. The appellants asserted that they never signed the memo and that the disposal was therefore erroneous. The Division Bench of the High Court refused…
ANILARIversusSTATE OF WEST BENGAL
2009 INSC 1219 February 2009Appeal(s) allowed
Four accused were convicted under Sections 342, 302 and 201 read with Section 34 of the IPC for a murder case. One of them, Anil Ari, aged about 70 years, had been on bail during the trial and had been in prison for roughly a year when he applied for suspension of his sentence under Section 389 of the CrPC. The Calcutt…
D. SHANMUKHA SUNDARAMMAversusD. SUNEETHA AND ORS.
2009 INSC 1229 February 2009Case Partly allowed
An auto‑driver died when a lorry collided with his auto‑rickshaw. The widow filed a claim for compensation under s.166 of the Motor Vehicles Act, 1988 and the mother of the deceased also claimed a share. The Motor Accident Claims Tribunal awarded Rs 3.40 lakh with interest and directed equal division between the widow …
A.P.S.R.T.CversusREG. TRANSPORT AUTHORITY, ANANTHAPUR & ANR.
2009 INSC 1239 February 2009Appeal(s) allowed
The Andhra Pradesh State Road Transport Corporation (APSRTC) applied for stage carriage permits for a town service route from Hindupur Municipal Bus Stand to Kothapalli. The Regional Transport Authority rejected the application, deeming the route "new" and requiring government formulation under Section 68(3)(ca) of the…
ORIENTAL INSURANCE CO. LTD.versusVIMLA DEVI & ORS.
2009 INSC 1249 February 2009Case Partly allowed
The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 for compensation after a goods commercial vehicle (UP .07‑F‑4885) fell into a ditch, killing three persons. Oriental Insurance, the insurer, contended that the vehicle was being driven in violation of policy terms, the driver lacked a…
STATE REP. BY TAHSILDAR-CUM-SALES OFFICERversusM. JANKIRAMAN & ANR.
2009 INSC 1259 February 2009Case Partly allowed
The respondents, Janakiraman and Settu, were caught during a raid for manufacturing illicit Indian Made Foreign Liquor and were convicted by the trial court and the first appellate court under Sections 31, 33, 37(a) and 38(1) of the Pondicherry Excise Act, 1970. They appealed, and the Madras High Court, in a revision p…
RAVINDRA SHALIK NAIK AND ORS.versusST ATE OF MAHARASHTRA
2009 INSC 1269 February 2009Case Partly allowed
The appellants attacked the father‑in‑law of the complainant with an axe, knife and a gupti after a verbal quarrel that began when a bundle of cotton struck the complainant's roof. The victim died from the injuries. The trial court convicted them of murder under Section 302 read with Section 34 IPC and also under Secti…
DHUK SINGHversusSTATE OF RAJASTHAN & ANR.
2009 INSC 1279 February 2009Disposed off
The appeal challenges the Rajasthan High Court’s order granting bail to respondent No.2 during the pendency of FIR No.20/2007. The High Court granted bail without recording reasons, stating that the question of whether the respondent should be added as an accused under Section 169 of the Code of Criminal Procedure (CrP…
PRASAD @ HARI PRASAD ACHARYAversusST ATE OF KARNATAKA
2009 INSC 1289 February 2009Appeal(s) allowed
The appellant was convicted under IPC sections 447, 376(2)(g), 506 read with 34 for house‑trespass, rape and criminal intimidation. The Karnataka High Court upheld the conviction, but the Supreme Court was approached on the ground that the High Court’s order was practically non‑reasoned and contained no analysis of the…
M/S. PENNAR INDUSTRIES LTD.versusSTATE OF A.P. & ORS.
2009 INSC 1339 February 2009Disposed off
Pennar Industries Ltd challenged a High Court order that required it to deposit 50% of a disputed tax under the Andhra Pradesh Tax on Entry of Goods into Local Areas Act, 2001 as a condition for an interim stay. The Supreme Court examined the principles governing the grant of stay orders, emphasizing that discretion mu…
KOMALversusSTATE OF M.P.
2009 INSC 1349 February 2009Appeal(s) allowed
The appellant, Komal, was convicted by the trial court under IPC s.323 for assaulting the deceased Daulat. The Madhya Pradesh High Court altered the conviction to s.304 Part I read with s.34, holding that Komal had caused the fatal injury in furtherance of a common intention. On appeal, the Supreme Court held that ther…
PUNJAB STATE ELECTRICITY BOARD AND ANR.versusSUDESH KUMAR PURI
2007 INSC 1239 February 2007Appeal(s) allowed
The Punjab State Electricity Board (PSEB) engaged several individuals as private meter readers on a contract basis, paying them a fixed rate of Re.1 per meter reading. After the contract periods expired and regular meter readers were appointed, the engagements were terminated. The respondents claimed they were workmen …
SECY. DEPTT. OF HOME A.P. AND ORS.versusB. CHINNAM NAIDU
2005 INSC 699 February 2005Dismissed
B. C. Naidu was selected as a Stipendiary Cadet Trainee Police Constable but was barred from training because the authorities said he had been arrested under the IPC and the Andhra Pradesh Public Examination Prevention of Malpractice and Unfair Means Act, 1997, which he had not disclosed in the attestation form. The Tr…
MAZHAR HASSANversusGANGU SINGH AND ORS.
2008 INSC 289 January 2008Case Allowed
The appellant, Mazhar Hassan, purchased land from decree holders who had obtained a decree of eviction against the respondents under Section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. The decree holders' execution application was dismissed as time‑barred, after which the appellant obtained mutat…
K.S. KRISHNA SARMAversusKIFAYAT ALI
2008 INSC 309 January 2008Disposed off
The plaintiff filed a suit for declaration of title and possession of agricultural land. During the suit, one of the defendants died and his daughter, a legal representative, was not initially impleaded. The trial court decreed in favour of the plaintiff, but the High Court set aside the decree, directing that the daug…
MAHENDRA AND ORS.versusSTATE OF UTTARANCHAL AND ANR.
2007 INSC 199 January 2007Disposed off
Mahendra and others appealed to the Supreme Court against the Uttarakhand High Court's dismissal of two criminal miscellaneous applications filed against the same impugned order. The High Court held that the appellants had concealed the earlier petition and therefore dismissed both applications. The appellants contende…
YAMUNA SHANKAR SHARMAversusSTATE OF RAJASTHAN & ORS.
2007 INSC 219 January 2007Disposed off
The appellant, a former legal assistant/associate at Mohan Lal Sukhadia University, claimed entitlement to regularisation and the UGC pay scale of Rs.700‑1600 after a series of ad‑hoc appointments spanning over a decade. The University later issued a show‑cause notice alleging over‑payment because the UGC scale was all…
STATE OF GOAversusPANDURANG MOHITE
2008 INSC 14088 December 2008Dismissed
The State of Goa appealed the acquittal of Pandurang Mohite, who had been charged under Sections 302, 392 and 201 IPC for the murder of a missing boy. The trial court had convicted Mohite on the basis of circumstantial evidence, chiefly the "last seen" testimony of two witnesses who claimed to have seen the accused wit…
THE CHAIRMAN, WEST BENGAL STATE ELECTRICITY BOARD & ORS.versusSYED MUKBUL HOSSAIN & ORS.
2008 INSC 14098 December 2008Disposed off
The West Bengal State Electricity Board alleged that a consumer had tampered with an electricity meter to evade payment, leading to a provisional assessment and disconnection of supply under Regulation 5.2.1 of the West Bengal Electricity Supply Code. The consumer filed a writ petition challenging the disconnection and…
M/S GANPATI RV-TALLERES ALEGRIA TRACK PVT. LTD.versusUNION OF INDIA AND ANR.
2008 INSC 14108 December 2008Case Partly allowed
The Ministry of Railways invited a tender for thick web switches, requiring ISO 9001 certification and ROSO approval. Ganpati RV‑Talleres Alegria Track Pvt. Ltd. submitted a technical bid that was initially approved, but its commercial bid was later rejected on the ground that the eligibility criteria were not met, wit…
SANJAY VERMAversusMANIK ROY AND ORS.
2006 INSC 9798 December 2006Appeal(s) allowed
The appellant, Sanjay Verma, filed a suit for specific performance of a contract concerning a property in 1991. During the suit's pendency, the property was transferred to the respondents, Manik Roy and Ahilya Jha, without obtaining the court's permission. The respondents sought to be impleaded under Order I Rule 10(2)…
DESA SINGHversusAJIT SINGH AND ORS.
2006 INSC 9808 December 2006Disposed off
The appellant filed a second appeal before the Punjab and Haryana High Court, but due to unforeseen circumstances—retirement and death of counsel—no representative appeared on the scheduled date. Despite the appellant's non‑appearance, the High Court proceeded to decide the appeal on its merits and dismissed it. The ap…
ADMINISTRATOR KAMALA NEHRU MEMORIAL HOSPITALversusVINOD KUMAR
2005 INSC 5998 December 2005Appeal(s) allowed
The Administrator of Kamala Nehru Memorial Hospital terminated the services of clerk Vinod Kumar, who claimed that he had worked continuously for at least 240 days in a calendar year and was therefore entitled to protection under Section 6(N) of the Uttar Pradesh Industrial Disputes Act. The Labour Court held that he h…
CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusRAMU PASI AND ANR.
2005 INSC 6088 December 2005Disposed off
Ramu Pasi, a casual worker in the factory of Central Mine Planning and Design Institute Ltd., claimed compensation under the Workmen's Compensation Act, 1923 for an injury to his left ring finger suffered on 11 June 1986. The Labour Court awarded Rs 4001, but the employer appealed, contending that a casual worker is ex…
THANGAIYAversusSTATE OF TAMIL NADU
2004 INSC 7038 December 2004Case Partly allowed
Thangaiya was convicted of murder for striking the deceased with a small stick, causing his death. The trial and High Courts upheld the conviction under Section 302 based on eyewitness testimony, including that of a "chance witness". On appeal, the Supreme Court examined whether a single blow with a small stick in a di…
SHIVANNA AND ORS.versusSTATE OF KARNATAKA
2006 INSC 8068 November 2006Case Partly allowed
The appellants, Shiv Anna and others, were convicted for the murder of Mahadevappa and related offences arising from a land‑dispute in which they entered the disputed field and assaulted the deceased and his relatives, resulting in Mahadevappa's death. The appellants appealed, claiming that they acted in private defenc…
NEW INDIA ASSURANCE CO. LTD.versusSATENDER AND ORS.
2006 INSC 8078 November 2006Appeal(s) allowed
A nine‑year‑old child was killed by a truck insured by New India Assurance. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accidents Claims Tribunal (MACT) awarded Rs 4,45,000 as compensation, calculating a notional income of Rs 30,000 per annum and applying a multiplier …
RAYTHARA SAHAKARI BANK LTD.versusCHANDRAKALA R. DAS
2006 INSC 8088 November 2006Case Partly allowed
The appellant bank had given jewellery loans and the pledged gold ornaments were stolen. The bank convened a meeting of over 400 borrowers and resolved to pay the value of the stolen gold at Rs.410 per gram with no interest, a rate accepted by all borrowers except the complainant, who demanded Rs.573 per gram and filed…
M/S. TATA ENGINEERING AND LOCOMOTIVE COMPANY LIMITEDversusN.K. SINGH
2006 INSC 8098 November 2006Appeal(s) allowed
The respondent, N.K. Singh, an Assistant Store Keeper, was found to have occupied company quarters without permission and assaulted the Town Warden during the execution of an eviction decree, leading to an FIR under IPC sections 311, 307 and 34. A domestic inquiry under the company's standing orders concluded that Sing…
BHAGWANDAS TIWARI AND ORS.versusDEWAS SHAJAPUR KSHETRIYA GRAMIN BANK & ORS.
2006 INSC 8108 November 2006Disposed off
The Dewas Shajapur Kshetriya Gramin Bank issued a promotion policy for Junior Management Grade I officers, stating that promotion to Middle Management II would be on a seniority‑cum‑merit basis, with a circular prescribing a minimum of 45 marks out of 100 for selection. Ten officers challenged the policy, alleging that…
ORISSA AGRO INDUSTRIES CORPORATION LTD. AND ORS.versusBHARATI INDUSTRIES AND ORS.
2005 INSC 5518 November 2005Appeal(s) allowed
The Orissa Agro Industries Corporation entered into a non‑statutory contract with Sharati Industries to lift unserviceable machinery and scrap. A dispute arose over the value of the items actually lifted, with the respondent claiming breach of contract and seeking a refund of Rs 8.5 lakhs plus interest. The Orissa High…
JOGINDER SINGH SODHIversusAMAR KAUR
2004 INSC 5908 October 2004Dismissed
The landlord Amar Kaur filed an eviction petition under the East Punjab Urban Rent Control Act alleging that the tenant's son, Joginder Singh Sodhi, occupied the shop as a sub‑tenant without the landlord's written consent. The Rent Controller, Appellate Authority and High Court found that the deceased father, Mukand Si…
ADU RAMversusMUKNA AND ORS.
2004 INSC 5918 October 2004Disposed off
A dispute over crop damage led the accused to surround and beat the deceased with lathis and axes, causing his death. The trial court convicted the accused under Section 302 (murder) read with Sections 149, 148 and 341 IPC. The Rajasthan High Court altered the conviction to Section 304 Part I (culpable homicide not amo…
UNION OF INDIA & ORS.versusPRIYANKAN SHARAN AND ANR.
2008 INSC 10228 September 2008Dismissed
The petitioners, who had taken admission to the Armed Forces Medical College on a service bond, were declared medically unfit (Non‑Service Liability) under Clause 4(a) of the bond. The bond required payment of a specified amount under Clause 6 unless the proviso to Clause 4(a) applied, which exempted cadets from paying…
JOGINDER @ JINDIversusSTATE OF HARYANA
2008 INSC 10238 September 2008Disposed off
Joginder was charged with alleged bailable offences and filed a petition under Section 438 of the Code of Criminal Procedure seeking pre‑arrest bail. The High Court ordered his custodial interrogation, treating the petition as valid. The Supreme Court held that Section 438 applies only to non‑bailable offences, making …
STATE OF HARYANA AND ANR.versusSATYENDER SINGH RATHORE
2005 INSC 4118 September 2005Appeal(s) allowed
The employee, Satyendra Singh Rathore, was appointed on a six‑month contractual basis as Medical Officer of the Haryana Health Services and was terminated on 25 March 2002. The termination order of 11 April 2002 referred to alleged misconduct but no departmental enquiry or finding of guilt was conducted. The employee c…
STATE OF RAJASTHANversusIKBAL HUSSEN
2004 INSC 5028 September 2004Appeal(s) allowed
The State of Rajasthan appealed the acquittal of IKBAL HUSSEN, whose trial for offences under the IPC had been pending for six years. The trial court had closed evidence and acquitted him based on the decisions in Raj Deo Sharma and Common Cause, which prescribed limitation periods for criminal trials. The Rajasthan Hi…
PRATAP RAI TANWANI AND ANR.versusUTTAM CHAND AND ANR.
2004 INSC 5038 September 2004Dismissed
The landlord filed an eviction suit under the Madhya Pradesh Accommodation Control Act, 1961 alleging default in rent, illegal sub‑letting and a bona‑fide requirement for the premises. The trial court and the first appellate court upheld the landlord’s claim of genuine need and decreed eviction. On second appeal, the t…
SMT. SUDHA RANI GARGversusSRI JAGDISH KUMAR (DEAD) AND ORS.
2004 INSC 5048 September 2004Dismissed
Landlords filed a suit for ejectment against Smt. Sudha Rani Garg under Section 106 of the Transfer of Property Act, claiming the tenancy was at will. The tenants contended that the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applied, which provides a ten‑year exemption from evict…
SRI NARAYAN SAHA AND ANR.versusSTATE OF TRIPURA
2004 INSC 5058 September 2004Dismissed
The appellants, Sri Narayan Saha and another, were convicted under IPC sections 376 read with 34 for raping a married woman (PW‑3). The victim reported the crime five days after the incident, and the medical examination was inconclusive due to profuse bleeding. Both the trial court and the High Court upheld the convict…
STATE OF RAJASTHANversusKHUMA
2004 INSC 5068 September 2004Dismissed
The State of Rajasthan charged Khuma with murder under Section 302 of the IPC, and the trial court convicted him based on three circumstantial points: he was allegedly the last person seen with the deceased, he was found in possession of incriminating items at arrest, and blood‑stained articles were recovered after he …
MANIVEL & ORS.versusSTATE OF TAMIL NADU
2008 INSC 9188 August 2008Dismissed
The accused Manivel and others were convicted of murder and abetment under Sections 302 and 201 IPC based on circumstantial evidence that the victim was last seen with them at night and his body was found the next morning. The appellants challenged the conviction, arguing that the "last seen" theory was inapplicable an…
T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2008 INSC 9178 August 2008IA disposed
The Supreme Court considered an interlocutory application filed by Sterlite Industries (Siil) seeking clarification on the rehabilitation package and the proposed transfer of the Niyamgiri bauxite mining lease to a Special Purpose Vehicle (SPV) as suggested by the Central Empowered Committee (CEC). The Court held that …
ANUP KUMAR KUNDUversusSUDIP CHARAN CHAKRABORTY AND ORS.
2006 INSC 5038 August 2006Appeal(s) allowed
Respondent No.1 (Sudip Charan Chakraborty) applied to the West Bengal Administrative Tribunal for appointment as Professor and to set aside Dr. Dilip Karmakar's appointment. The Tribunal partially allowed the application, setting aside Dr. Karmakar but holding the applicant's claim for professorship untenable. The appl…
UMESH KORGA BHANDARIversusMAHANAGAR TELEPHONE NIGAM LTD. AND ANR.
2005 INSC 3448 August 2005Matter referred to larger bench
Employees of the departmental canteen of Mahanagar Telephone Nigam Ltd. were terminated and challenged the termination before the Central Government Industrial Tribunal (CGIT), which reinstated them. The Bombay High Court division bench held that, because the canteen posts were civil posts under a 1979 notification, th…
HOTEL AND RESTAURANT KARAMCHARI SANGHversusM/S. GULMARG HOTEL AND ORS.
2006 INSC 3698 June 2006Appeal(s) allowed
The Hotel and Restaurant Karamchari Sangh filed a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 seeking recovery of wages exceeding Rs 60,000 from Gulmarg Hotel. The employer later paid part of the amount, reducing the outstanding sum to below Rs 50,000 and argued that the Labou…
VALLABHANENI VENKATESHWARA RAOversusSTATE OF A.P.
2009 INSC 7558 May 2009Appeal(s) allowed
The appellants A‑1 to A‑3 were convicted under IPC sections 302, 149, 148 (and 341 for one) based largely on two dying declarations, Ext P‑12 and Ext P‑14. The High Court upheld the convictions of A‑1 to A‑3 while acquitting A‑4 to A‑7, holding that Ext P‑14 was unreliable. On appeal, the Supreme Court examined the med…
K.N. NARENDRANATHversusSTATE OF KARNATAKA
2009 INSC 7568 May 2009Appeal(s) allowed
The appellant, K.N. Naren... (the husband), was convicted for the murder of his wife Kumadavathi, alleged to have been manually strangulated on 5 December 1998. The trial court, and subsequently the Karnataka High Court, relied primarily on a purported extra‑judicial confession recorded by police witnesses (PW‑10 and P…
NARENDRA G. GOELversusSTATE OF MAHARASHTRA & ANR.
2009 INSC 7518 May 2009Dismissed
The husband of a Canadian citizen murdered in Bombay filed a writ petition seeking that forensic DNA analysis of seized evidence be conducted in Canada, as such facilities were unavailable in India. The Bombay High Court directed the investigating agency to send the material to Canada for examination under Section 166A…
STATE OF RAJASTHAN AND ORS.versusJAGDISH NARAIN CHATURVEDI
2009 INSC 7528 May 2009Disposed off
The Supreme Court examined whether ad‑hoc, daily‑wage or work‑charge appointments made under various Rajasthan service rules constitute appointments to the cadre/service in accordance with the recruitment rules. The petitioners argued that such appointments should be treated as regular service for purposes of seniority…
V.N. DEVEDOSSversusCHIEF REVENUE CONTROL OFFICER-CUM-INS. AND ORS.
2009 INSC 7488 May 2009Appeal(s) allowed
The appellant purchased 60.86 acres of land belonging to Dunlop India Ltd, a sick company, through an open‑market tender conducted by an Asset Sales Committee appointed under the Sick Industrial Companies (Special Provisions) Act, 1985. The sale deed was executed at Rs 24.34 crore and registered. The revenue authoritie…
MUNI KUMAR RAZDANversusTRIMURTI CHARITABLE TRUST, GWALIOR & ORS.
2009 INSC 7548 May 2009Dismissed
Muni Kumar Razaon appealed against a Division Bench order of the Madhya Pradesh High Court that had allowed a Letters Patent Appeal filed by the respondents. The underlying dispute concerned the registration of the Trimurti Charitable Trust under the Madhya Pradesh Public Trust Act, 1951, and a writ petition that was d…
CHAND GUPTA AND ORS.versusSTATE OF HIMACHAL PRADESH
2009 INSC 7598 May 2009Dismissed
In 1992 the owners of M/s Shiva Enterprises were found by police to have liquor in their godown exceeding the quantity authorized under a transport permit. They were convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 for unlawful possession and sentenced to three years' imprisonment and a fine. On appeal t…
JOYDEEP NEOGI @ BUBAIversusSTATE OF WEST BENGAL
2009 INSC 7608 May 2009Disposed off
The case concerned the murder of a boy who disappeared on 6 November 2001. Four accused were seen at the spot where the child was last seen and were alleged to have misled the search by directing witnesses away from the area and by making a threatening telephone call. The trial court convicted all four based on circums…
JAVED ALAMversusSTATE OF CHHATTISGARH AND ANR.
2009 INSC 7628 May 2009Disposed off
The case concerns the murder of a college student, Ku Preeti, who was run over by a jeep driven by Samar Vijay Singh on a college campus. The driver (prime accused) and three co‑accused were convicted by the trial court and the High Court; the driver under s.302 IPC and the co‑accused under s.302 read with s.34 IPC. On…
CHITTARANJAN MIRDHAversusDULAL GHOSH AND ANR.
2009 INSC 7638 May 2009Dismissed
The appellant, Chittaranjan Mirdha, filed a complaint leading to a police FIR and subsequent chargesheet implicating several accused. The Additional Chief Judicial Magistrate took cognizance of the offences and issued warrants, but the appellant later sought further investigation and challenged the magistrate’s handlin…
NINGAPPA YALLAPPA HOSAMANI & ORS.versusSTATE OF KARNATAKA AND ORS.
2009 INSC 7648 May 2009Dismissed
The Supreme Court examined the murder of Namadev, whose body was recovered from a gunny bag after the accused voluntarily disclosed its location. The prosecution relied on circumstantial evidence and statements under Section 27 of the Evidence Act, asserting that the accused who provided the information must have been …
ABUTHAGIR AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE, MADURAI
2009 INSC 7658 May 2009Dismissed
The case concerns the murder of Assistant Jailor Jayaprakash near Madurai Central Jail on 29 August 1997. The accused, including Abuthagir, were convicted under IPC sections 302 read with 34, 120B and 148 based largely on the testimony of two eye‑witnesses (PW‑3 and PW‑4) who gave statements after a delay, having seen …
STATE OF U.P.versusATUL SINGH ETC. ETC.
2009 INSC 7668 May 2009Case Partly allowed
The State of Uttar Pradesh prosecuted three accused for the murder of Ajay Kumar. The prosecution relied on the testimony of the victim's father (PW1), an eye‑witness, to secure a conviction of Sanjay Vishwakarma under Section 302 IPC and of Atul Singh and Brij Kishore Singh under Section 302 read with Section 34 IPC. …
MUSTAQ AHMED MOHAMMED ISAK AND ORS.versusSTATE OF MAHARASHTRA
2009 INSC 7678 May 2009Dismissed
The appellants were arrested under the Maharashtra Control of Organised Crime Act, 1999 and the Special Court granted two successive extensions of the investigation period, first to 21 August 2006 and then to 4 September 2006, after which the charge‑sheet was filed. The appellants filed a bail application on 4 Septembe…
BALBIR SINGHversusSTATE OF PUNJAB AND ANR.
2009 INSC 7688 May 2009Disposed off
The case arose from FIR No. 43 dated 6 February 2006, registered at Abohar Police Station based on the statement of Balbir Singh. The wife of Gaganjit Singh filed a petition seeking investigation of a cross version she alleged, claiming her husband’s brother was killed by Balbir Singh, and requested that the investigat…
C. VENKAT REDDY AND ORS.versusUNION OF INDIA AND ORS.
2009 INSC 7698 May 2009Disposed off
Twenty-five petitioners filed writ petitions under Article 32 claiming freedom‑fighter status and entitlement to pension under the Swatantra Sainik Samman Pension Scheme, 1983, but were denied benefits. The Union of India and the Government of Andhra Pradesh reported that after preliminary verification only 22 of the c…
BANI KANTA DAS AND ANR.versusSTATE OF ASSAM AND ORS.
2009 INSC 7708 May 2009Case Partly allowed
A writ petition under Article 32 challenged the Governor of Assam's order commuting a death sentence to life imprisonment for the murder of four family members. The commutation was based on a recommendation from the National Human Rights Commission (NHRC). The Supreme Court examined whether the NHRC had jurisdiction to…
UNIVERSITY OF KERALAversusCOUNCIL OF PRINCIPALS OF COLLEGES IN KERALA & ORS.
2009 INSC 7718 May 2009Hearing Adjourned
The Supreme Court heard a civil appeal filed by the University of Kerala against the Council of Principals of Colleges in Kerala and others, seeking enforcement of the Raghavan Committee's recommendations to curb ragging in educational institutions. The Court examined whether the judiciary could direct the implementati…
NATIONAL INSURANCE COMPANY LIMITEDversusJ. MAHESHWARAMMA
2009 INSC 7728 May 2009Disposed off
The husband of the complainant had a valid accidental death insurance policy with National Insurance Co. Ltd. and died in a motorcycle accident. The insurer contested the claim, alleging that the deceased's driving licence for a motorcycle was fabricated and that he only possessed a licence for a tractor‑trailer, there…
STATE OF WEST BENGALversusDIPAK HALDER & ANR.
2009 INSC 7498 May 2009Appeal(s) allowed
The deceased, Rimu, was burnt to death in a fire allegedly set by her husband Dipak Halder and his in‑laws after a dowry dispute. The prosecution relied on circumstantial evidence, showing that the husband abused the victim, did not attempt to rescue her, and that there was no evidence of a kerosene stove burst. The tr…
SASIKUMARversusTHE STATE OF TAMIL NADU
2009 INSC 7738 May 2009Dismissed
The appellant, Sasikumar, was convicted of murder under Section 302 IPC for allegedly setting fire to his wife Menaka, who later died. The conviction was based primarily on Menaka's dying declaration recorded by Judicial Magistrate PW5 in the presence of a duty doctor, who affirmed that she was in a fit and conscious s…
STATE OF PUNJABversusATMA SINGH AND ORS.
2009 INSC 7748 May 2009Appeal(s) allowed
The State of Punjab prosecuted Atma Singh and others for an armed assault that killed the wife and son of the complainant and injured three eyewitnesses. The trial court convicted the accused under sections 302, 307, 148, 149 and 324 of the IPC and section 27 of the Arms Act. The Punjab & Haryana High Court set aside t…
STATE OF PUNJABversusHARDIAL SINGH AND ORS.
2009 INSC 7758 May 2009Case Partly allowed
The State of Punjab appealed a High Court order that quashed charges against Hardial Singh and others for offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the investigation was not carried out by an officer of at least Deputy Superintendent ra…
M/S. CHAUDHARANA STEELS (P) LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD
2009 INSC 7768 May 2009Dismissed
M/s Chaudhara Steels (P) Ltd. appealed against the Commissioner of Central Excise, Allahabad, challenging the dismissal of its appeal under Section 35‑G of the Central Excise Act, 1944. The sole issue was whether a High Court can condone delay in filing such an appeal. The Supreme Court examined earlier decisions—Commi…
THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS.versusGURMAIL SINGH
2009 INSC 7778 May 2009Disposed off
The workman Gurmail Singh was employed intermittently as a bulldozer operator on 89‑day contracts from November 1990 until his termination on 15 July 1996. He claimed that his dismissal without notice, enquiry or compensation amounted to retrenchment under the Industrial Disputes Act, 1947 and sought reinstatement with…
SABIR SIDDIQ MALIKversusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.
2009 INSC 7788 May 2009Dismissed
The appellants, including Sabir Siddiq Malik, contended that they were not encroachers in Sanjay Gandhi National Park and challenged the Bombay High Court's order directing the formation of a Grievance Redressal Committee to resolve the dispute. The respondents, the State of Maharashtra and the Bombay Environmental Act…
COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHANversusMCDOWELL & CO. LTD.
2009 INSC 7818 May 2009Disposed off
The case involved McDowell & Co. Ltd. challenging the revenue's disallowance of deductions under Section 438 of the Income Tax Act, 1961, relating to unpaid bottling fees and interest secured by a bank guarantee, and other claims such as depreciation on R&D assets, transformer purchase, and technical service charges. T…
COMMISSIONER OF CUSTOMS, AMRITSARversusM/S. AJAY KUMAR AND CO.
2009 INSC 7578 May 2009Dismissed
The respondent, Mis. Ajay Kumar & Co., purchased a transferable Duty Entitlement Pass Book (DEPB) and associated licences originally issued to Mis. Parker Industries. The Commissioner of Customs issued show‑cause notices to the respondent demanding recovery of Rs.12,45,174 under Section 28(1) of the Customs Act, but th…
K.T. JOSEPHversusSTATE OF KERALA & ANR.
2009 INSC 7588 May 2009Disposed off
The Supreme Court considered an appeal against a transfer order of criminal proceedings (CC 1290 of 2008) to the Chief Judicial Magistrate, Ernakulam, made by a Single Judge of the Kerala High Court. The High Court had observed that, following the 2005 amendment to Section 202 of the Code of Criminal Procedure, a magis…
STATE OF U.P.versusSHOBHANATH AND ORS.
2009 INSC 7828 May 2009Appeal(s) allowed
The incident occurred on 2 November 1981 when Ram Abhilakh Dubey was attacked and later died, leading to charges against Shobhanath, Triveni Prasad and others under Sections 302 r/w 149, 147 and 148 of the IPC. The trial court convicted the accused and sentenced them to life imprisonment, but the Allahabad High Court a…
THOTA LAKSHMI VENKATA BALAversusMUTTAMSETTI SEETHAMMA
2008 INSC 6168 May 2008Dismissed
The appellant, Thota Lakshmi Venkata Bala, executed a sale agreement on 19‑August‑1991 to sell land to the respondent, Muttamsetti Seethamma, for Rs.1.5 lakh as discharge of a loan. She later cancelled the deed, claimed only Rs.1 lakh had been received and demanded the remaining Rs.50,000 with interest. The respondent …
MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.
2008 INSC 6068 May 2008Disposed off
Maninderjit Singh Bitta filed a writ petition seeking the implementation of the High Security Registration Plate (HSRP) scheme, which the Supreme Court had earlier mandated in Association of Registration Plates v. Union of India (2005). The petitioner alleged that despite the 2001 notifications and amended Rule 50 of t…
STATE OF RAJASTHANversusUDAI LAL
2008 INSC 6198 May 2008Appeal(s) allowed
The State of Rajasthan appealed the acquittal of Udai Lal, who had been convicted by a Special Judge under Sections 8 and 15 of the NDPS Act for possession of 119 bags of poppy husk powder seized from his truck. The High Court set aside the conviction, holding that the prosecution evidence was insufficient, the police …
PATRICK JJ. SALDANHAversusANTONY M. SALDANHA
2007 INSC 5318 May 2007Disposed off
The Supreme Court examined a civil appeal (No. 414 of 2001) challenging a Karnataka High Court order that allowed a second appeal without formulating any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908. The Court reiterated that under Section 100(3) the memorandum of appeal m…
UNION PUBLIC SERVICE COMMISSIONversusSUKANTA KAR AND ANR.
2007 INSC 5328 May 2007Appeal(s) allowed
The Union Public Service Commission (UPSC) challenged the eligibility of Sukanta Kar, a Departmental Scientific Officer, for promotion to Deputy Advisor (Training) in the Central Public Health and Environmental Organisation. The UPSC argued that the 1985 Deputy Advisor (Training) Recruitment Rules required a degree in …
HERO VINOTH (MINOR)versusSESHAMMAL
2006 INSC 3058 May 2006Dismissed
The case arose from a dispute over a right of way granted in a 1950 partition deed among five brothers. The plaintiff (appellant) bought one brother's share and sought a permanent injunction to prevent the defendant (respondent), the widow of another brother, from obstructing his property with a compound wall. The tria…
SMT. KEYA MUKHERJEEversusMAGMA LEASING LIMITED & ANR.
2008 INSC 4658 April 2008Dismissed
The appellant, Smt. Keya Mukherjee, was charged under Section 138 of the Negotiable Instruments Act. Although she was granted exemption from personal attendance under Section 205 of the CrPC, the trial court refused to dispense with her personal examination under Section 313(1)(b) CrPC. After the trial court, a revisio…
STATE OF KARNATAKA AND ORS.versusM/S SRI CHAMUNDESWARI SUGAR LTD.
2008 INSC 4648 April 2008Case Allowed
M/s Sri Chamundeswari Sugar Ltd., a sugar manufacturer, purchased sugarcane from growers and paid the Statutory Minimum Price fixed by the Central Government together with the State Advised Price (SAP) fixed by Karnataka. The assessing authority levied purchase tax on the total amount, including SAP, under the Karnatak…
U.O.I.versusJAI PRAKASH SINGH AND ANR.
2007 INSC 2638 March 2007Appeal(s) allowed
The writ petitioner sought permission to operate a Gramin PCO (Village Public Telephone) and the Allahabad High Court, in a non‑reasoned order, held that the Ministry of Communications' guidelines were arbitrary and violative of Article 14, directing the allotment of a VPT. The appellants appealed, contending that the …
THE MANAGING DIRECTOR, TNSTCversusSRIPRIYAND ORS.
2007 INSC 2648 March 2007Case Partly allowed
The widow of a bus driver employed by the Tamil Nadu State Transport Corporation (TNSTC) filed a claim for Rs.15,00,000 after his death in a bus accident. The Motor Accident Claims Tribunal awarded Rs.7,72,000 using a multiplier of 16 and 9% interest, also allowing amounts for loss of happiness, love and affection, and…
ZAHIRA HABIBULLAH SHEIKH AND ANR .versusSTATE OF GUJARAT AND ORS.
2006 INSC 1438 March 2006Dismissed
In a communal violence case in Gujarat, the trial court acquitted the accused after several witnesses, including Zahira Habibullah Sheikh, turned hostile. Zahira later alleged intimidation and coercion before various bodies, prompting the Supreme Court to order a retrial in Maharashtra. During the retrial she publicly …
RAGHUNATH ANANT GOVILKARversusSTATE OF MAHARASHTRA AND ORS.
2008 INSC 1548 February 2008Dismissed
The appellant, a former employee of the Maharashtra Housing and Area Development Authority, was charged with offences under IPC sections 420, 465, 466, 467, 468 and 471 for allegedly falsifying allotment of premises and issuing spurious rent receipts. He sought discharge under Section 228 of the CrPC, arguing that no s…
B.K. SRI HARSHA (D) BY L.R. & ANR.versusM/S BHARATH HEAVY ELECTRICALS LTD
2008 INSC 1558 February 2008Disposed off
MIS Bharath Heavy Electricals Ltd filed two suits for specific performance of contracts for sale of certain properties against the appellants, B.K. Sri Harsha and others. The trial court held that the respondent was in adverse possession, ready to perform, and that the agreements were valid and within the limitation pe…
UNION OF INDIA & ORS.versusS. KRISHNAN & ANR.
2008 INSC 1568 February 2008Case Allowed
The respondent, a railway employee, was appointed to a post reserved for Scheduled Tribes on the basis of a community certificate claiming he belonged to the Malayalee Scheduled Tribe. The certificate was later found to be bogus, leading to his removal from service. The respondent later contended that he actually belon…
SUB-DIVISIONAL OFFICER TELEGRAPH, BIJNORversusTHE PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM-LABOUR COURT, KANPUR AND ANR.
2006 INSC 758 February 2006Appeal(s) allowed
In an industrial dispute, the Central Government Industrial Tribunal‑cum‑Labour Court awarded reinstatement, back wages and benefits to six casual workers in 1992. The Department filed an Original Application before the Central Administrative Tribunal (CAT) in 1993, which was later dismissed on the ground that, pursuan…
STATE OF U.P.versusSATISH
2005 INSC 688 February 2005Appeal(s) allowed
The State of Uttar Pradesh prosecuted Satish for the rape and murder of a six‑year‑old girl, relying on circumstantial evidence that the accused was last seen carrying the victim on a bicycle and on the recovery of both parties' undergarments. The trial court convicted Satish under sections 302, 376(2), 363, 366 and 20…
BHADRAPPA (D) BY LRS.versusTOLACHA NAIK
2008 INSC 168 January 2008Dismissed
The appellants, legal heirs of Bhadrappa, claimed ownership of a 3‑acre granted land that had been sold multiple times after the original grant to Gopya Naik in 1955. They contended that the alienation was void under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain La…
V. SIVA KUMAR & ORS.versusSECRETARY, MINISTRY OF DEFENCE & ORS.
2008 INSC 178 January 2008Case Allowed
The appellants were direct recruits selected in 1984 as Store Keepers under Navy Grade‑C recruitment rules. An Office Memorandum (O.M.) dated 7 Feb 1986 introduced a new seniority principle, stating that for vacancies where "recruitment action" had already been taken, seniority would continue to be determined by the pr…
RAMKISHAN S/O. MADHAV SHELKEversusTHE STATE OF MAHARASHTRA
2007 INSC 158 January 2007Case Partly allowed
The appellant Ramkishan and his two sons were charged with murder under s.302 read with s.34 IPC for the death of Mohan Gavane, who was alleged to have encroached on the appellant’s land. The trial court convicted all three, but the High Court acquitted the two sons, holding the evidence insufficient, while upholding t…
NEETUversusSTTE OF PUNJAB AND ORS.
2007 INSC 168 January 2007Appeal(s) allowed
Neetu, appointed as Audit Inspector, challenged the Punjab and Haryana High Court's order that set aside her appointment on the ground that a writ petition filed as a public interest litigation (PIL) alleged she obtained a Scheduled Caste certificate fraudulently. The Supreme Court examined whether a PIL can be enterta…
IRRIGATION RESEARCH INSTITUTE & ANRversusKRIPAL SINGH
2007 INSC 12477 December 2007Case Partly allowed
Kripal Singh, employed as a Beldar from 1 February 1991 to 3 June 1992, was terminated without notice on 4 June 1992. He raised an industrial dispute alleging violation of Section 6(N) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a worker to have worked at least 240 days in a calendar year for the…
STATE OF CHHATTISGARH & ORS.versusM/S. VTP CONSTRUCTIONS
2007 INSC 12487 December 2007Dismissed
The Supreme Court examined the constitutional validity of Section 35 of the Chhattisgarh Vanijyik Kar Adhiniyam, 1994, which mandated deduction at source of sales tax on payments for works contracts. M/s VIP Constructions challenged the deduction, arguing that the provision failed to determine the value and nature of g…
STATE OF ORISSA AND ANR.versusSAROJ KUMAR SAHOO
2005 INSC 5967 December 2005Appeal(s) allowed
The State of Orissa filed FIRs against Saroj Kumar Sahoo and Nalinikanta Muduli for alleged offences under the IPC and the Prevention of Corruption Act. While the investigation was still pending, a Single Judge of the Orissa High Court exercised its inherent power under Section 482 of the Code of Criminal Procedure to …
STATE OF M.P. AND ORS.versusONKAR PRASAD PATEL
2005 INSC 5987 December 2005Disposed off
Onkar Prasad Patel, a helper in the Public Health Engineering Department of Madhya Pradesh, worked continuously from 17 November 1991 and sought regularisation as a permanent employee under the Madhya Pradesh Industrial Relations Act, claiming six months of satisfactory service in a clear vacancy. The Labour Court allo…
STATE OF M.P.versusSUGHAR SINGH. & ORS.
2008 INSC 12567 November 2008Case Partly allowed
The State of Madhya Pradesh prosecuted Sugharsingh and others for attacking two men guarding their crops to prevent cattle from being taken to a pond, resulting in one death and injuries to the other. The trial court convicted the accused under Sections 302 read with 149, 324 read with 149, 148 and sentenced them to li…
STATE OF U.P.versusMANOJ KUMAR PANDEY
2008 INSC 12577 November 2008Appeal(s) allowed
The State of Uttar Pradesh appealed the acquittal of Manoj Kumar Pandey, who was charged under IPC sections 376 (rape) and 323 (voluntarily causing hurt). The trial court had acquitted him on the basis that the victim, being over 16 years old, was presumed to have consented, and the High Court upheld this view in a ter…
RATAN KUMAR VISHWASversusSTATE OF U.P. & ANR.
2008 INSC 12587 November 2008Dismissed
Ratan Kumar Vishwas was convicted under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for trafficking charas and sentenced to 14 years' rigorous imprisonment and a fine. He applied to the High Court for suspension of his sentence and bail under Section 37 of the NDPS Act, but the appl…
RAGHAVENDRA SHARMAversusSTATE OF M.P.
2008 INSC 12597 November 2008Dismissed
The appellant, Raghavendra Sharma, was convicted of murdering his wife Maya by suffocation. The trial court, relying on a post‑mortem report that showed asphyxia, swelling of the chest, and absence of food particles in the airway, found the death homicidal and rejected the defense expert’s claim of accidental death. Th…
STATE OF PUNJABversusSUKHCHAIN SINGH & ANR.
2008 INSC 12607 November 2008Dismissed
The State of Punjab appealed the trial court’s acquittal of Sukhchain Singh and others for murder and related offences, while an accused (Paramjit Singh) appealed his conviction. The Supreme Court examined the scope of appellate power under Section 378 of the Code of Criminal Procedure, 1973, which allows the State to …
STATE OF HARYANAversusKRISHAN
2008 INSC 12807 November 2008Dismissed
The appellant Krishan was convicted by a trial court for murder (IPC s.302) after allegedly delivering a lathi blow that caused the death of Chandgi Ram. The High Court acquitted him, holding that the FIR was lodged after an unreasonable delay and that the ocular evidence conflicted with the medical evidence, rendering…
COMMISSIONER OF INCOME TAX CENTRAL KANPURversusJ.K. CHARITABLE TRUST KAMAL TOWER, KANPUR
2008 INSC 12617 November 2008Dismissed
The Commissioner of Income Tax (Central) Kanpur appealed against judgments of the Allahabad High Court that had favored J.K. Charitable Trust in several assessment years. The central issue was whether the Revenue could be barred from filing an appeal in certain assessment years when it had not appealed in other years i…
RAJMOHAN AGARWALversusAMNA ABUBAKAR & ANR.
2008 INSC 12627 November 2008Disposed off
The appellants, Rajmohan Agarwal, filed a suit for specific performance of a contract of sale of land against the respondents, Amna Abubakar and others. The trial court dismissed the suit and the High Court affirmed that decree. The Supreme Court, after suggesting an amicable settlement, accepted a compromise wherein t…
M/S. EICHER TRACTOR LTD. AND ORS.versusHARIHAR SINGH AND ANR.
2008 INSC 12687 November 2008Dismissed
Eicher Tractor Ltd. and others filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by Harihar Singh under IPC sections 420, 468 and 471, alleging forgery. The petitioners argued that the complaint was a retaliatory "counter‑blast" to an earlier complaint they…
STATE OF U.P.versusATAR SINGH AND ORS.
2007 INSC 11327 November 2007Dismissed
The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Atar Singh and six others who had been convicted for the murder of Ram Murti and assault of three others. The trial court had sentenced the accused under IPC sections 302, 323, 324 r/w 149, 147, 148 and 452, but the High Court set aside…
RELIANCE AIRPORT DEVELOPERS PVT. LTD.versusAIRPORTS AUTHORITY OF INDIA AND ORS.
2006 INSC 7917 November 2006Dismissed
Reliance Airport Developers Pvt. Ltd. (RAL) challenged the award of Delhi and Mumbai airport privatization contracts to GMR and GVK, alleging that the Empowered Group of Ministers (EGOM) improperly altered the Request for Proposal (RFP) criteria, lowered the technical qualification benchmark and relied on the report of…
M/S PALLAVA GRANITE INDUSTRIES (INDIA) PVT. LTD.versusUNION OF INDIA AND ORS.
2006 INSC 8007 November 2006Dismissed
The case concerned several Government Orders (G.O.s) relating to the lease of surplus agricultural lands in Andhra Pradesh for mining galaxy granite. The appellants argued that G.O. No.1290, which earmarked land for mining leases to private firms, created a vested right that could not be withdrawn, and that the State's…
BHARAT HEAVY ELECTRICALS LTD.versusANIL AND ORS.
2006 INSC 8027 November 2006Disposed off
Fourteen garden workers employed by a contractor for Bharat Heavy Electricals Ltd. (BHEL) had their services terminated by the contractor on 1 December 1988 without complying with Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. They filed an individual dispute under Section 2‑A, which was referred to th…
N. NANALAL KIKLAWALA AND ANR.versusSTATE OF GUJARAT AND ORS.
2005 INSC 5467 November 2005Case Partly allowed
The appellants sought a writ of mandamus directing the Nagarpalika to implement a town planning scheme that had been sanctioned under the Gujarat Town Planning and Urban Development Act, 1976. The High Court Single Judge granted the direction, but the Division Bench set it aside on the ground that a variation of the sc…
BHAVNESH MOHANLAL AMIN AND ANR.versusNIRMA CHEMICALS WORKS LTD. AND ANR.
2005 INSC 5477 November 2005Disposed off
The respondents, Nirma Chemicals Works Ltd., owned the registered trademarks "NIRMA" and "NIMA" for soaps, detergents and other consumer items. The appellants, Bhavnesh Mohanlal Amin and others, began using the mark "NIMA" for electric flour mills (Class 7) and were served notice to cease. The respondents filed a suit …
RAMESHWAR PRASAD AND ORS.versusUNION OF INDIA AND ANR.
2005 INSC 4917 October 2005
The Supreme Court examined writ petitions challenging the Governor's proclamation dated 23 May 2005 that dissolved the Bihar Legislative Assembly after the state had been placed under President's Rule on 7 March 2005. The petitions argued that the dissolution was unconstitutional because the assembly was kept in suspen…
BATALA COOPERATIVE SUGAR MILLS LTD.versusSOWARAN SINGH
2005 INSC 5047 October 2005Appeal(s) allowed
The workman, Sowaran Singh, claimed he was a regular employee of Batalá Cooperative Sugar Mills Ltd. from April 1986 and that his termination on 12 February 1994 was illegal, seeking reinstatement and back wages. The employer contended that Singh was engaged on a casual, seasonal basis for a specific period and purpose…
COMMISSIONER OF CUSTOMS, KANDLAversusESSAR OIL LTD. AND ORS.
2004 INSC 5877 October 2004Appeal(s) allowed
Essar Oil Ltd. imported plant and machinery stored in a private bonded warehouse and, fearing a budgetary duty increase, issued a cheque on 25‑Feb‑1999 declaring sufficient funds despite knowing the funds were unavailable. The cheque was presented on 27‑Feb‑1999, returned unpaid, and only honoured on 17‑Mar‑1999 after …
SHRI KAILASH CHAND AND ANR.versusSHRI DHARAM DASS
2004 INSC 5897 October 2004Matter referred to larger bench
The appellant, a landlord, owned a building in Shimla and initially evicted the tenant from the first floor in 1984. By a 1986 compromise the tenant vacated the first floor and took the ground floor. In 1993 the landlord, citing his wife's relocation and his child's education, sought eviction of the tenant from the gro…
KULESH MONDALversusTHE STATE OF WEST BENGAL
2007 INSC 9017 September 2007Case Partly allowed
The case arose from the killing of Chakku Mondal by Kulesh Mondal during a quarrel in which the victim was dragged and struck on the neck with a sharp‑edged weapon. The trial court and the Calcutta High Court convicted the accused under Section 302 read with Section 34 IPC, relying on eyewitness testimony of relatives …
Y.A. AJITversusSOFANA AJIT
2007 INSC 9027 September 2007Disposed off
In Civil Appeal No. 4110 of 2007, the Supreme Court examined the High Court's order allowing a transfer petition under Section 24 of the Code of Civil Procedure, 1908, moving a suit from the District Court, Kanyakumari to the Family Court, Chennai. The appellant contended that the transfer was improper because the "cau…
M/S. GAIL (I) LTD.versusBAL KISHAN AGARWAL GLASS INDUSTRIES LTD.
2008 INSC 9157 August 2008Disposed off
GAIL (I) Ltd. entered into a gas‑supply agreement with Bal Kishan Agarwal Glass Industries Ltd., but the gas meter was repeatedly found tampered, leading to successive disconnections. The respondent filed a civil suit seeking reconnection of gas without any payment or security, even though arbitration proceedings under…
INDERJEET AND ANRversusUNION OF INDIA AND ORS.
2008 INSC 9167 August 2008Dismissed
Inderjeet Singh and Varinder Singh were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling gold. They made representations to the detaining authorities, the Advisory Board and the Central Government seeking revocation of the deten…
M/S. BHARAT CARPETSversusDIRECTOR, ENFORCEMENT DIRECTORATE
2008 INSC 7677 July 2008Dismissed
M/s Bharat Carpets, a partnership firm, and its two partners were penalised for failing to repatriate export proceeds amounting to Rs.5,12,171 within the six‑month period prescribed under Section 18(2) of the Foreign Exchange Regulation Act, 1973. The firm contended that it had taken steps for repatriation, citing bank…
RADHEversusSTATE OF CHHATTISGARH
2008 INSC 7687 July 2008Dismissed
The appellant, Radhe, was convicted under Section 302 IPC for the murder of Gyan Singh after he allegedly chopped both of the deceased's legs and inflicted other injuries during a quarrel. He appealed, claiming the acts were in private defence, arguing that he feared for his life and property. The Supreme Court examine…
STATE OF U.PversusBHAIYA LAL VERMA
2008 INSC 7647 July 2008Case Allowed
Bhaiya Lal Verma, an accountant in the District Agriculture Office, was caught accepting a bribe of Rs.150 after a trap was laid by the District Magistrate. Marked currency notes were recovered from him and he was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the IPC, receivi…
M/S.ASIAN PEROXIDES LTD.versusCOMMNR. OF CENTRAL EXCISE, GUNTUR
2008 INSC 7657 July 2008Disposed off
M/s Asian Peroxides Ltd., an Export Oriented Unit, claimed exemption under Notification No.8/97‑CE for hydrogen peroxide manufactured in India and cleared to the domestic market. The issue was whether the items used in the manufacturing process were "raw materials" (eligible for exemption) or merely "consumables" (inel…
C.E.S.G: LIML1 TEDversusSANDHYA RANI BARIK AND ORS.
2008 INSC 7697 July 2008Disposed off
The case involved the acquisition of more than three bighas of land by CESC Ltd. under the West Bengal Land (Requisition and Acquisition) Act, 1948 for an electric sub‑station. The Collector initially awarded Rs.50,000 per cottah, which was later raised by the Land Acquisition Judge to about Rs.5 lakh per cottah. The H…
NEPAL SINGHversusUPENDER SINGH
2008 INSC 7707 July 2008Case Partly allowed
The respondent filed a claim petition under the Motor Vehicles Act, 1988 alleging injury in an accident involving a scooter bearing registration No. DL‑35‑7420. The Motor Accident Claims Tribunal awarded compensation and held the appellant liable, finding that his vehicle was the offending one. The appellant contended …
G. RAMAversusT.G. SESHAGIRI RAO (D) BY LRS.
2008 INSC 7717 July 2008Dismissed
The suit property was a house jointly purchased in 1963 by T.G. Seshagiri Rao and his uncle T.K. Vasudeva Murthy. The uncle later relinquished his interest to Rao by a release deed in 1989, making Rao the absolute owner. After the death of her husband (Vasudeva Murthy's son), the appellant, G. Rama, occupied the house …
BHAKRA BEAS MANAGEMENT BOARDversusKANTA AGGARWAL AND ORS.
2008 INSC 7727 July 2008Case Partly allowed
In 1994 a motor accident caused the death of K.C. Aggarwal, leaving his widow Kanta Aggarwal and three children as claimants under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claim Tribunal awarded them Rs 8.48 lakh with interest, while the widow was simultaneously given a compassionate appointment…
KRISHI UTPADAN MANDI SAMITI, GHAZIABAD AND ANR.versusM/S. METAL CRAFT & ORS.
2008 INSC 7667 July 2008Dismissed
The appellant Krishi Utpadan Mandi Samiti, Ghaziabad claimed market fee under Section 17(iii)(b) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 on rice exported by the respondent partnership firm. The respondent argued that the rice was purchased from millers outside Uttar Pradesh and shipped directly to por…
M/S. GOETZE (INDIA) LTD.versusEMPLOYEES STATE INSURANCE CORPORATION
2008 INSC 7737 July 2008Dismissed
M/s. Goetze (India) Ltd. was directed by the Employees' State Insurance Corporation (ESIC) to pay contributions on the efficiency bonus component for the period 1988-1994 under the Employees' State Insurance Act, 1948. After re‑verification, the employer paid the assessed amount in 1997 but ESIC later demanded interest…
BENNY THOMASversusFOOD INSPECTOR, KOCHI AND ANR.
2008 INSC 7747 July 2008Dismissed
The Food Inspector purchased a bottle of synthetic syrup (sarbath) from the shop of Benny Thomas and sent the sample for analysis, which showed it to be adulterated. Thomas was convicted under Section 16(1)(a)(i) read with Sections 7(1) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 and relevant Rules. O…
MURUGANversusSTATE OF TAMIL NADU
2008 INSC 7757 July 2008Dismissed
The appellant Murugan, employed as an assistant in the ground‑floor shop of PW‑1, was observed by PW‑1 through a window strangling PW‑1’s wife, who later died. PW‑1 chased the accused, who fled and later was arrested; blood‑stained clothing of the accused was recovered. The trial court convicted Murugan under IPC s.376…
NATRAJ CHINNAPPA NAIRversusSTATE OF MAHARASHTRA
2008 INSC 7767 July 2008Dismissed
The appellant, Natraj Chinnappa Nair, was brought to the police station by his mother after allegedly consuming poison and confessing to assaulting his wife in a fit of anger. The victim was found injured with incised wounds caused by a chopper and later died; the chopper and a blouse were recovered from the scene, lin…
KUSUMA ANKAMA RAOversusSTATE OF ANDHRA PRADESH
2008 INSC 7777 July 2008Dismissed
Kusuma Ankama Rao was convicted for murdering Gottapu Adilakshmi after the prosecution presented circumstantial evidence that the accused and the deceased were last seen together and the body was found the next day. The accused also made an extra‑judicial confession before a Village Administrative Officer admitting to …
STATE OF RAJASTHANversusWAKTENG
2007 INSC 6917 June 2007Dismissed
The State of Rajasthan prosecuted Wakteng and two others for murder, relying on a statement recorded two days after the assault (Exb.P-10) as a dying declaration and on the recovery of a sword allegedly used in the crime. The High Court acquitted the accused, holding that the statement could not be treated as a dying d…
TARAKANATH KARversusLIPIKA KAR
2008 INSC 6037 May 2008Appeal(s) allowed
The appellant, Taraknath Kar, a court employee, was alleged to have married twice—first to Chandana and later to Lipika, who filed a maintenance suit under Section 125 of the CrPC. The trial court granted maintenance to Lipika, but the High Court set aside that order and directed a fresh hearing. While exercising its r…
PREM KUMAR AND ANR.versusSTATE OF U.P. AND ORS.
2007 INSC 5237 May 2007Disposed off
The respondents filed a writ petition under Article 226 challenging orders issued under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Allahabad High Court allowed the petition in a summary, cryptic order, relying on a 1986 order of the Prescribed Authority that pertained only to other individuals and n…
Y. SARABA REDDYversusPUTHUR RAMI REDDY AND ORS.
2007 INSC 5217 May 2007Appeal(s) allowed
The complainant filed a murder complaint in which the respondents were initially named in the FIR but were later omitted from the array of accused by a Special Investigating Officer after an alibi investigation and were not included in the charge‑sheet. The complainant later moved the trial court under Section 319 of t…
SUNDER LALversusSTATE OF RAJASTHAN
2007 INSC 5227 May 2007Case Partly allowed
The deceased Heeralal was attacked at night while sleeping; Sunder Lal struck him on the head with a gandasi and Laxmi Narain injured his legs. He died a few hours later and gave a dying declaration identifying the assailants. The trial court convicted both under Section 302 IPC, a conviction affirmed by the High Court…
M/S. TAARIKA EXPORTS AND ANR.versusUNION OF INDIA AND ANR.
2007 INSC 5267 May 2007Disposed off
Mis. Taarika Exports and others were granted an advance licence to import raw materials free of customs duty, subject to an export obligation to ship 5,400 mulberry silk jackets within nine months. The company imported the raw materials, exported only part of the finished goods and failed to meet the export quota, prom…
ARUN KUMARversusSTATE OF KARNATAKA AND ANR.
2008 INSC 4587 April 2008Case Allowed
The appellant, Arun Kumar, owned two parcels of land (Survey No.179 and Survey No.106) that were previously tenanted by respondent No.2, who executed a deed of surrender in 1955. All documentary evidence, including the surrender deed, statements before the Tehsildar, possession certificate, and mutation entries, indica…
SOHAN RAJ SHARMAversusSTATE OF HARYANA
2008 INSC 4597 April 2008Case Allowed
The deceased wife, Jyoti, left a letter accusing her husband, Sohan Raj Sharma, of sexual perversion and cruelty, and subsequently poisoned her two children and herself. The FIR alleged that the husband had compelled her to commit suicide, leading to his conviction under Section 306 of the Indian Penal Code by the tria…
SURESH @ HAKLAversusSTATE OF HARYANA
2008 INSC 4607 April 2008Disposed off
The case involves the murder of Mahender Sarpanch on 15 July 1996, for which several accused, including Shamsher Singh, Balwant, Ladh Ram and Suresh (alias Hakla), were charged. The trial court convicted all accused under sections 302, 307 r/w 149 and 148 of the IPC, a decision upheld by the High Court. Two appeals rea…
MINISTRY OF TEXTILEversusMURARI LAL GUPTA & ANR.
2008 INSC 4627 April 2008Case Partly allowed
Murari Lal Gupta, appointed as a chowkidar in 1982, sought regularisation but was denied on age grounds and later stopped working. He filed claims for salary differences and overtime, and after failed conciliation, a writ petition led to a reference to the Industrial Tribunal, which awarded reinstatement with back wage…
SHRI RAMESHWAR PRASAD (D) BY LRS,versusSHRI BASANTI LAL
2008 INSC 4637 April 2008Disposed off
Rameshwar Prasad filed a suit for specific performance of a sale agreement, which the trial court granted. The respondent Basanti Lal appealed, and the Madhya Pradesh High Court set aside the decree, holding that the plaintiff had not pleaded or proved his readiness to pay interest, a term of the contract, thereby fail…
M/S. GEO TFCH FOUNDATIONS & CONSTRUCTONversusCOMMNR. OF CENTRAL EXCISE PUNE
2008 INSC 3257 March 2008Disposed off
The appellant, Geo Tech Foundations & Construction, manufactured PSC girders for a railway bridge and cleared them without paying central excise duty. A show‑cause notice demanding duty, confiscation and penalty was issued on 8 May 1996, well beyond the six‑month limitation period then applicable. The appellant contend…
JANARDHAN NARASIMHA NAYAKversusBALWANT VENKATESH KULKARNI AND ANR.
2007 INSC 2477 March 2007Appeal(s) allowed
The plaintiff (Respondent No. I) filed a suit for specific performance of a 1972 contract of sale. The trial court decreed in his favour, but the First Appellate Court dismissed the appeal. The plaintiff then filed a second appeal under Section 100 of the CPC, which the Karnataka High Court allowed, holding that the Fi…
M. VISHWESHWARA SHASTRYversusM. GOPALAKRISHNA BHAT AND ORS.
2007 INSC 2487 March 2007Appeal(s) allowed
M. Vishweshwara Shastry, a defendant in a suit decreed ex-parte, appealed the dismissal of his petition for restoration of the suit. The Karnataka High Court allowed the appeal on payment of costs and directed him to file a written statement within two weeks. Relying on erroneous advice from his counsel, Shastry filed …
M/S. WYAWAHARE & SONS AND ORS.versusMADHUKAR RAGHUNATH BHAVE
2007 INSC 2497 March 2007Disposed off
The appellant challenged the Bombay High Court's order allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The original suit was filed by the respondent-plaintiff, and after a first appeal was decided in favour of the appellant-defendants, the respondent filed a second appeal which the High…
REGIONAL PROVIDENT FUND COMMISSIONERversusM/S. RAJS CONTINENTAL EXPORTS (P.) LTD.
2007 INSC 2507 March 2007Dismissed
The Regional Provident Fund Commissioner appealed against a Karnataka High Court order that had held Raj's Continental Exports (P) Ltd was not a branch of Mis. Continental Exporters, a proprietorship owned by the same individual who was also the Managing Director of the company. The respondent claimed infancy protectio…
STA TE OF PUNJAB AND ORS.versusSWARAN KAUR AND ORS.
2007 INSC 2517 March 2007Case Partly allowed
The State of Punjab took over Chanan Devi Memorial Girl High School and, through a letter from the Director of Public Instructions, instructed the District Education Officer to ensure that all staff possessed the qualifications prescribed under the Punjab State Class IV Service Rules, 1963. The authorities held that th…
STATE OF U.P.versusAJAI KUMAR
2008 INSC 1517 February 2008Case Allowed
The State of Uttar Pradesh charged Ajai Kumar and others under IPC sections 394, 307 and 411 for allegedly snatching Rs 1,25,000 from a bank and injuring two victims. Part of the stolen money, bearing the bank's stamp, was recovered from the accused. The trial court acquitted the appellant, relying on the victims' inab…
LIFE INSURANCE CORPORATION OF INDIAversusJAYA CHANDEL
2008 INSC 1527 February 2008Case Allowed
Karan Singh Chandel purchased a LIC life insurance policy on 28‑03‑1994. The annual premium due on 28‑03‑1995 was not paid and the policy lapsed after a one‑month grace period. The insured died on 01‑07‑1995. A cheque for the premium and late fee was issued on 27‑06‑1995 but was only received by LIC on 12‑07‑1995, afte…
UNION OF INDIA AND ORSversusRAJESH VYAS
2008 INSC 1537 February 2008Disposed off
The Union of India and others sought to discharge several Airmen under the Habitual Offenders Policy, issuing show‑cause notices and receiving replies from the respondents. The respondents challenged the discharges, alleging that the replies to the show‑cause notices were not considered, thereby violating natural justi…
ANURAN RASTOGI AND ORS.versusSTATE OF U.P. AND ANR.
2007 INSC 1137 February 2007Disposed off
The informant filed a complaint alleging offences under Sections 498A, 323 and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The magistrate took cognizance of those offences only and issued summons. The informant later applied that the material in the case diary also justified adding Sections 406 and 307 I…
KASTHA NIWARAK G.S.S. MARYADIT, INDOREversusPRESIDENT, INDORE DEVELOPMENT AUTHORITY
2006 INSC 747 February 2006Dismissed
The Indore Development Authority issued a circular on 31 January 1986 allowing housing cooperative societies to develop land they owned, provided they were registered, had purchased the land before the declaration of Section 50(2) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, and handed over vacant pea…
STATE OF HARYANAversusRAM PAL AND ORS.
2005 INSC 667 February 2005Case Partly allowed
The State of Haryana sought leave to appeal under Section 378(3) of the CrPC against the acquittal of several accused in a case involving offences under Sections 148, 302, 452, 506, 323 and 149 of the IPC. The trial court had convicted some accused but acquitted others, holding that Section 149 IPC did not apply becaus…
PREM KANWARversusSTATE OF RAJASTHAN
2009 INSC 57 January 2009Dismissed
The deceased daughter‑in‑law was burnt to death within four years of her marriage. The prosecution alleged that the mother‑in‑law, husband and uncle repeatedly harassed and tortured her for not providing sufficient dowry. A post‑mortem showed ante‑mortem burns and fractured skull bones, indicating she was killed before…
NEKU KHAN & ORS.versusSTATE OF RAJASTHAN
2009 INSC 77 January 2009Disposed off
The prosecution alleged that on the night of 13-14 September 1984, five accused entered a house, assaulted a male relative, abducted the prosecutrix, stripped her and the principal accused, Neku Khan, raped her for two nights. The trial court and the Rajasthan High Court convicted Neku Khan under Sections 376, 147, 323…