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Supreme Court of India

B S CHAUHAN

304 judgments delivered by benches including this judge — showing 201–304.

DR. RAJESH TALWAR AND ANR.versusC.B.I. AND ANR.

2013 INSC 6968 October 2013Dismissed

Dr. Rajesh Talwar and Nupur Talwar, accused of murdering their daughter Arushi and domestic help Hemraj, sought under CrPC s.233 read with s.91 the production of narco‑analysis, brain‑mapping, polygraph and other scientific test reports of three persons who had earlier been suspected in the case, as well as other docum

OMPRAKASH VERMA & ORS.versusSTATE OF ANDHRA PRADESH & ORS.

2010 INSC 6918 October 2010Dismissed

The appellants challenged the validity of the State's allocation of land in Survey No. 83 under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and that the earlier High Court judgments declaring the proceedings void should stand. The Supreme Court examined whether the doctrine

AMIT SINGHversusSTATE OF MAHARASHTRA & ANR.

2011 INSC 5528 August 2011Case Allowed

Amit Singh was convicted of multiple offences, including murder, and sentenced to life imprisonment. He filed a writ petition under Article 32, claiming that he was a juvenile (under 18) at the time of the offence on 1 May 1999, based on his birth certificate and school records showing a birth date of 10 May 1982. The

MAQBOOL @ ZUBIR @ SHAHNAWAZ AND ANR.versusSTATE OF AP.

2010 INSC 3758 July 2010Dismissed

The appellants Maqbool, Zubir and Shahnawaz were convicted for murder (Sec. 302 IPC) and conspiracy (Sec. 120B IPC) based on eyewitness testimony, medical evidence and entries from a diary recovered during investigation. They challenged the convictions alleging that the witnesses were interested, the identification par

SANATAN NASKAR & ANR.versusSTATE OF WEST BENGAL

2010 INSC 3768 July 2010Dismissed

The case involved the murder of Phool Guha and robbery of her house, for which Sanatan Naskar and another accused were arrested after they allegedly led police to stolen wrist watches and a camera. The trial court and the High Court convicted them under Sections 302, 34, 392 and 411 IPC, relying on a chain of circumsta

UDAY CHAKRABORTY & ORS.versusSTATE OF WEST BENGAL

2010 INSC 3778 July 2010Dismissed

The Supreme Court upheld the conviction of Uday Chakraborty and his relatives for dowry death under Sec. 304B IPC read with Sec. 498A IPC. Although the FIR did not explicitly mention a dowry demand, the Court held that the cumulative documentary and oral evidence, including the execution of a "Chuktiparta" at the time

KHAZIA MOHAMMED MUZAMMILversusTHE STATE OF KARNATAKA AND ANR.

2010 INSC 3788 July 2010Dismissed

The appellant, Khazia Mohammed Muzammil, was appointed as a District Judge on probation under the Karnataka Judicial Services (Recruitment) Rules, 1983 and served for 3 years 10 months before being discharged on the ground of unsuitability. He claimed that, having completed the probation period without a specific exten

ASHOK KUMARversusSTATE OF HARYANA

2010 INSC 3798 July 2010Case Partly allowed

Ashok Kumar was convicted under Section 304‑8 IPC for the death of his wife, who died from burn injuries allegedly after being harassed for a dowry demand of Rs.5,000. The appellant argued that the alleged demand did not constitute "dowry" within the meaning of Section 2 of the Dowry Prohibition Act and that the phrase

PUNJAB STATE ELECTRICITY BOARD & ANR.versusASHWANI KUMAR

2010 INSC 3818 July 2010Disposed off

The Punjab State Electricity Board (PSEB) issued demand notices for higher tariff and penalties against Ashwani Kumar and other consumers, alleging that two electricity connections operating in what was claimed to be separate premises were in fact in the same premises and therefore should be clubbed under the Electrici

UNION OF INDIA & ORS.versusJAGDISH PANDEY & ORS.

2010 INSC 3938 July 2010Dismissed

The respondents, Tower Wagon Drivers (TWDs) in the Eastern Railway, obtained a running allowance and were placed on the same pay scale as Goods Train Drivers. The Railways later issued an order withdrawing the higher pay scale, claiming it was granted inadvertently. The respondents challenged this order before the Cent

MALAYALA MANORAMA CO. LTD.versusASSTT. COMMISSIONER, COMMERCIAL TAXES & ANR.

2010 INSC 3948 July 2010Disposed off

Malayala Manorama Co. Ltd. purchased printing ink for newspaper production in 2001‑02 and claimed a concessional 3% tax rate by filing Form 18 under Section 5(3) of the Kerala General Sales Tax Act, 1963. The Assistant Commissioner issued a penalty notice alleging that newspaper printing does not constitute "manufactur

DHARNIDHARversusSTATE OF U.P.

2010 INSC 3828 July 2010Dismissed

The appellants were convicted for the murders of Bahadur Singh and his father Pyare Lal. The prosecution proved that four accused, armed with guns and a spear, killed Bahadur Singh, after which all five accused, including Dharnidhar, proceeded to kill Pyare Lal with guns and a kulhari. The defence argued that the key e

SUBHADRA AND ORS.versusTHANKAM

2010 INSC 3858 July 2010Dismissed

The appellants entered into an agreement to sell a 5‑cent parcel of land together with the structures described in Exhibit 81 to the respondent for a total price of Rs.45,250. After paying earnest money, a dispute arose over the extent of the property to be transferred, with the appellants contending that only the land

LAXMAN TATYABA KANKATE & ANR.versusTARAMATI HARISHCHANDRA DHATRAK

2010 INSC 3868 July 2010Dismissed

The respondents entered into an agreement to sell land to the appellants and paid Rs 10,000 as earnest money, but the appellants failed to execute the sale deed. The respondents sued for specific performance and, alternatively, for refund of the earnest money. The trial court awarded only the refund, while the first ap

DINESH CHANDRA PANDEYversusHIGH COURT OF M.P. & ANR.

2010 INSC 3878 July 2010Dismissed

The appellant, a civil judge, was charged with possessing assets disproportionate to his known income and, during the departmental enquiry, was denied permission to engage a legal practitioner. He challenged the denial as a violation of natural justice and of M.P. Civil Services (Classification, Control and Appeal) Rul

BALWANT SINGH (DEAD)versusJAGDISH SINGH & ORS.

2010 INSC 3888 July 2010Dismissed

The landlord Balwant Singh filed an eviction suit which was appealed up to the Supreme Court. While the appeal was pending, the sole appellant died on 28 November 2007. The legal representatives filed applications on 15 April 2010, 778 days after the death, seeking to be brought on record under Order 22 Rule 3 CPC and

NARESH KUMARversusDEPARTMENT OF ATOMIC ENERGY AND ORS.

2010 INSC 3908 July 2010Dismissed

The appellant, a former Indian Air Force air corporal who later served with the Department of Atomic Energy and Nuclear Power Corporation, had elected a pro‑rata pension on retirement and subsequently sought to change his option to a combined civil‑military pension. His multiple representations to the authorities from

TRANSMISSION CORPN. OF A.P. LTD. & ANR.versusSAI RENEWABLE POWER PVT. LTD. & ORS.

2010 INSC 3918 July 2010Disposed off

The Supreme Court examined a dispute between the Andhra Pradesh Transmission Corporation and several non‑conventional energy developers over the purchase price of electricity and the restriction on third‑party sales imposed by the Andhra Pradesh Electricity Regulatory Commission (APERC). The developers had entered into

SINDHI EDUCATION SOCIETY & ANR.versusTHE CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ORS.

2010 INSC 3928 July 2010Appeal(s) allowed

The Sindhi Education Society, a linguistic minority school in Delhi, challenged a 1989 government circular that made reservation for Scheduled Castes and Scheduled Tribes in teaching posts a condition for receiving grant‑in‑aid under Rule 64(1)(b) of the Delhi School Education Rules, 1973. The Society argued that, as a

PALWINDER SINGHversusSTATE OF PUNJAB

2013 INSC 3238 May 2013Dismissed

The appellant Palwinder Singh and three others were charged with murder and robbery of Dr. Jasbir Singh. The prosecution’s case rested on two eye‑witnesses (PW‑3 and PW‑4), a post‑mortem report establishing homicidal injuries, confessional statements of the accused and the recovery of weapons and stolen articles. The t

NATASHA SINGHversusCBI (STATE)

2013 INSC 3268 May 2013Appeal(s) allowed

The appellant, Natasha Singh, was charged under the IPC and the Prevention of Corruption Act for allegedly inflating an insurance claim. After the prosecution examined 52 witnesses, the appellant examined only one defence witness and then sought to summon three additional witnesses under Section 311 of the CrPC. The tr

CHHANGA SINGH AND ANR.versusUNION OF INDIA AND ANR.

2012 INSC 2068 May 2012Appeal(s) allowed

The appellants' land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation and a solatium by the Reference Court in 2001, but no interest was granted on the solatium. During execution proceedings they claimed interest on the solatium, which the execution court and the High Court rejected.

STATE OF PUNJABversusDAVINDER PAL SINGH BHULLAR & ORS. ETC

2011 INSC 8397 December 2011Appeal(s) allowed

The Supreme Court examined whether the Punjab and Haryana High Court could entertain applications under Section 482 of the CrPC and direct a CBI investigation after a criminal appeal had been finally disposed of. It held that once a judgment is signed, the court becomes functus officio and, under Section 362 CrPC, cann

ONGC LTD.versusM/S. MODERN CONSTRUCTION AND CO.

2013 INSC 6837 October 2013Appeal(s) allowed

The appellant, ONGC Ltd., challenged a High Court order that allowed the respondent, M/s Modern Construction, to claim interest on a decree from the date the suit was originally filed in 1986 before a court that lacked territorial jurisdiction. The Supreme Court held that when a plaint is returned under Order VII Rule

GULAM SARBARversusSTATE OF BIHAR (NOW JHARKHAND)

2013 INSC 6777 October 2013Dismissed

The appellants, Gulam Sarbar and Dhiren Mahto, were convicted of murder under s.302 IPC and criminal conspiracy under s.120‑B IPC for the killing of Sant Kumar Sinha. The prosecution relied primarily on the testimony of a single eye‑witness (Dr. Gopal Prasad Sinha) and corroborative ocular and medical evidence to estab

MGB GRAMIN BANKversusCHAKRAWARTI SINGH

2013 INSC 5217 August 2013Disposed off

The father, a Class III employee of MGB Gramin Bank, died while in service on 19 April 2006 and his son applied for a compassionate appointment on 12 May 2006 under the 1983 scheme. While the application was pending, a new compassionate appointment scheme came into force on 12 June 2006, with clause 14 providing that a

PREM PRAKASH @ LILLU & ANR.versusSTATE OF HARYANA

2011 INSC 4777 July 2011Dismissed

The case involved three accused—Dharambir (D), Prem Prakash (P) and Herchand (H)—charged under IPC sections 366 and 376(2)(g) for kidnapping and gang‑rape of Kumari Sudesh. The trial court convicted all three, a decision affirmed by the High Court. On appeal before the Supreme Court, D's appeal was dismissed in limine

JAGDISH PRASADversusSTATE OF RAJASTHAN & ORS.

2011 INSC 4717 July 2011Disposed off

The case concerned promotion of Motor Vehicle Inspectors to District Transport Officer (OTO) in Rajasthan. The State had amended the 1979 Rajasthan Transport Service Rules in 1992, deleting the qualifying examination requirement and clubbing vacancies from 1983‑84 to 1993‑94, promoting candidates without merit‑based ex

NOOR SK. BHAIKANversusSTATE OF MAHARASHTRA & ORS.

2011 INSC 4727 July 2011Dismissed

Noor Sk. Bhaikan, a project‑affected person, was allotted 1.61 hectares of agricultural land under the Resettlement Act, 1965 after his original land was acquired under the Land Acquisition Act, 1897. It later emerged that the land handed over to him was mistakenly taken from a different survey and was not part of the

OM PRAKASHversusSTATE OF HARYANA

2011 INSC 4737 July 2011Disposed off

Om Prakash was convicted along with co‑accused Jai Prakash for kidnapping and raping a 14‑year‑old girl. The prosecution alleged that after kidnapping the girl, Jai Prakash took her to Om Prakash's house, where the girl was raped while Om Prakash allegedly failed to help her. The Supreme Court examined whether the elem

STATE OF RAJASTHAN TH. SECY.HOME DEPT.versusABDUL MANNAN & ANR.

2011 INSC 4747 July 2011Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Abdul Mannan, Afzal and Abdul Zabbar for the murder of two persons during a communal riot, where a mob of 50‑60 entered a house and 8‑10 armed assailants inflicted fatal injuries. The trial court convicted them under IPC sections 302/149, 148, 324/149 and 449, but the Hi

STATE OF DELHIversusRAM AVTAR@ RAMA

2011 INSC 4757 July 2011Dismissed

The State of Delhi alleged that Ram Avtar was carrying heroin after a secret informer tipped off police, who raided him and served a written notice under Section 50 of the NDPS Act. The notice, however, failed to unambiguously inform the accused of his statutory right to be searched before a Gazetted Officer or a Magis

NAND KISHOREversusSTATE OF MADHYA PRADESH

2011 INSC 4767 July 2011Dismissed

The appellant Nand Kishore was convicted under Section 302 IPC read with Section 34 for the murder of Mahavir, who was killed during a quarrel over money. The prosecution proved that Mahesh Dhimar held the victim's arms, Dinesh Dhimar stabbed him with a knife, and Nand Kishore pelted stones at the victim even after he

STATE OF MAHARASHTRAversusGORAKSHA AMBAJI ADSUL

2011 INSC 4787 July 2011Dismissed

The State of Maharashtra prosecuted Goraksha Ambaji Adsul for the murder of his father, step‑mother and step‑sister, alleging that he poisoned the family with sedative‑laden sweets and later strangulated them, disposing of the bodies in railway trunks. The trial court convicted him under Sections 302 and 201 IPC and se

UNION OF INDIA & ORSversusSHIV RAJ & ORS.

2014 INSC 3687 May 2014Dismissed

The Supreme Court examined land acquisition proceedings initiated under the Land Acquisition Act, 1894 for a large tract of land in Delhi. Tenure‑holders had filed objections under Section 5‑A, which were heard by one Land Acquisition Collector but the report was prepared by his successor, prompting the Delhi High Cour

VINOD KAPUR & ORS.versusUNION OF INDIA & ORS.

2014 INSC 3687 May 2014Appeal(s) allowed

The land in dispute was notified for acquisition under Section 4 of the Land Acquisition Act, 1894 on 25‑11‑1980. The appellant, Vinod Kapur, purchased the land in 1985 and a declaration under Section 6 was issued on 7‑6‑1985, followed by an award in 1987‑88. The High Court of Delhi upheld the declaration as being with

UNION OF INDIA & ORS.versusCHATRO DEVI & ORS.

2014 INSC 3687 May 2014Dismissed

The appeals filed by the Union of India and other respondents challenged the validity of acquisition proceedings that had been initiated after tenure‑holders raised objections under Section 5‑A of the Land Acquisition Act, 1894. The petitioners contended that the objections were maintainable and that the subsequent acq

UNION OF INDIA & ORS.versusGEETA DEVI

2014 INSC 3687 May 2014Dismissed

The Supreme Court considered the appeal of the Union of India challenging the quashing of land acquisition proceedings against land later purchased by Geeta Devi. The original tenure holder had lodged objections under Section 5A of the Land Acquisition Act, 1894, which the competent authority failed to consider. The ac

KRISHNAN & ORS.versusSTATE OF HARYANA & ORS.

2013 INSC 3207 May 2013Matter referred to larger bench

The appellants challenged the validity of Section 32‑A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which bars suspension, remission or commutation of any sentence awarded under the Act. The High Court had upheld the provision, denying the appellants any remission. The Supreme Court examined whether the

NEEL KUMAR @ ANIL KUMARversusTHE STATE OF HARYANA

2012 INSC 2047 May 2012Disposed off

The appellant, Neel Kumar (also known as Anil Kumar), was convicted of raping and murdering his four‑year‑old daughter. The trial court and High Court relied on the victim’s custody, the appellant’s silence, blood‑stained clothing recovered from his disclosure statement, and the absence of any explanation for these inc

RAJ PALversusSTATE OF HARYANA

2013 INSC 117 January 2013Dismissed

The appellant Raj Pal was convicted of murder under IPC s.302 read with s.34 for the killing of his rival's brother. The prosecution relied on eyewitness testimony of the deceased's brother and sister, medical reports indicating fatal injuries that could not be self‑inflicted, and the recovery of weapons. The appellant

TARA CHAND & ORS.versusGRAM PANCHAYAT JHUPA KHURD & ORS.

2012 INSC 5106 November 2012Dismissed

The appellants, Tara Chand and others, claimed occupancy rights over a 78-kanal land in Jhupa Khurd, asserting they were tenants under Sections 5 and 8 of the Punjab Tenancy Act, 1887. Their ancestors had been recorded as joint‑owners (hisedars) of the shamilat deh since before 1935‑36 and paid nominal rent to the Gram

ROHITASH KUMAR & ORS.versusOM PRAKASH SHARMA & ORS.

2012 INSC 5096 November 2012

The case concerned the seniority of Assistant Commandants in the Border Security Force who were selected in a single recruitment process but trained in two separate batches (Batch 16 starting 1‑Feb‑1993 and Batch 17 starting 2‑July‑1993). A promoted officer (respondent No.1) who joined on 15‑Mar‑1993 was placed below a

VIJAY S. SATHAYEversusINDIAN AIRLINES LTD. AND ORS.

2013 INSC 5966 September 2013Disposed off

The petitioner, a senior pilot with Indian Airlines, applied for voluntary retirement under the company's Voluntary Retirement Scheme (VRS) on 7 November 1994, seeking to retire effective 12 November 1994. Regulation 12(b) of the Service Regulations required a three‑month notice and approval by the competent authority,

UMESH KUMARversusSTATE OF ANDHRA PRADESH & ANR

2013 INSC 5906 September 2013Disposed off

The case arose from a complaint alleging that a senior police officer, V. Dinesh Reddy, had amassed disproportionate assets, which was later claimed to be forged and signed by a fictitious MP. An investigation led to a charge sheet against Umesh Kumar under IPC sections 468, 471, 120‑B and 201, and the appellant sought

BAKHSHISH SINGHversusSTATE OF PUNJAB & ANR.

2013 INSC 5186 August 2013Dismissed

The Supreme Court upheld the conviction of Bakhshish Singh, his nephew Satbir Singh and Rachhpal Singh for the murder of Gurcharan Singh, who was stabbed while taking a morning walk in a park. The prosecution proved that Satbir and Rachhpal, identified by the victim's wife Kulwinder Kaur, carried out the stabbing, whil

CICILY KALLARACKALversusVEHICLE FACTORY

2012 INSC 3216 August 2012Dismissed

Cicily Kallarackal filed Special Leave Petitions challenging Kerala High Court judgments that entertained writ petitions against orders of the National Consumer Disputes Redressal Commission (NCDRC). The Supreme Court examined two issues: (1) whether a High Court can entertain writ petitions under Article 226 against N

UNION OF INDIA & ANR.versusDINSHAW SHAPOORJI ANKLESARI & ORS.

2014 INSC 3616 May 2014Appeal(s) allowed

The dispute concerned a 0.90‑acre parcel of land in Pune Cantonment held under an 1827 government grant. The respondents had purchased the lease‑hold rights and the superstructure on the land, while the Union of India (Pune Cantonment Board) issued a resumption notice in 1971 claiming the land remained government prope

KUSHALBHAI RATANBHAI ROHIT & ORS.versusTHE STATE OF GUJARAT

2014 INSC 3666 May 2014Dismissed

An FIR under the NDPS Act led to the arrest of a accused who escaped while being escorted by police constables. The constables were charged under IPC Section 222 and convicted, prompting them to file a criminal appeal. The Gujarat High Court, after dictating an acquitting order in open court but before signing it, reca

RAJ KUMAR SINGH @ RAJU @ BATYAversusSTATE OF RAJASTHAN

2013 INSC 3136 May 2013Appeal(s) allowed

The appellant was convicted of murder, rape and kidnapping of a 4‑year‑old girl based solely on circumstantial evidence, including the testimony of four family members and forensic findings. On appeal, the Supreme Court examined the credibility of the witnesses, noting material contradictions, embellishments and incons

UNION OF INDIA AND OTHERSversusMAJOR S.P. SHARMA AND OTHERS

2014 INSC 1726 March 2014Appeal(s) allowed

The case concerns the termination of several Indian Army officers in 1980 under Section 18 of the Army Act, invoking the constitutional doctrine of pleasure under Article 310. The officers challenged the termination as illegal, arbitrary, and violative of Articles 14, 16, 19 and 21, alleging lack of material evidence a

DR. SUBRAMANIAN SWAMYversusSTATE OF TAMIL NADU & ORS.

2014 INSC 9026 January 2014Appeal(s) allowed

The case concerned the administration of the Sri Sabhanayagar Temple at Chidambaram, claimed by the Podhu Dikshitars, a Smarthi Brahmin community, as their religious denomination. The High Court had earlier dismissed the State's order appointing an Executive Officer under the Madras Hindu Religious and Charitable Endow

BHARAT HEAVY ELECTRICALS LTD.versusR.S. AVTAR SINGH & CO.

2012 INSC 4565 October 2012Dismissed

Bharat Heavy Electricals Ltd. (appellant) challenged an execution petition filed by R.S. Avtar Singh & Co. (respondent) on the ground that the arbitral award, made a rule of court on 31‑05‑1985, had been fully satisfied by part payments made in 1985 and 2000, and that no further interest could be claimed. The Supreme C

SHANTI DEVIversusSTATE OF RAJASTHAN

2012 INSC 4555 October 2012Dismissed

Shanti Devi was convicted for murder (Sec. 302 IPC) and for causing the disappearance of a body (Sec. 201 IPC) after the father of PW2 allegedly visited her house on 22‑08‑1997 and never returned. The prosecution relied on a series of circumstantial facts: the victim’s disappearance, the appellant’s misleading statemen

REGISTRAR GENERAL, HIGH COURT OF MADRASversusR. GANDHI & ORS.

2014 INSC 1695 March 2014Disposed off

The Madras High Court collegium recommended twelve candidates for appointment as judges of the Madras High Court, which the petitioner R. Gandhi challenged on grounds of unsuitability and lack of caste representation. The Madras High Court entertained the writ petition and issued interim orders maintaining the status q

ORIENTAL INSURANCE CO. LTD.versusDYAMAWA & ORS.

2013 INSC 765 February 2013Dismissed

The husband of Dyamavva Yalgurdappa, a pump operator employed by Mormugao Port Trust, died in a road accident on 19 April 2003. The dependents filed a claim under Section 166 of the Motor Vehicles Act, 1988 on 30 May 2003, while the employer later deposited compensation under Section 8 of the Workmen's Compensation Act

STATE OF GUJARAT & ANOTHERversusMANOHARSINHJI PRADYUMANSINHJI JADEJA

2012 INSC 5644 December 2012Appeal(s) allowed

The State of Gujarat and the Mamlatdar sought to enforce the Gujarat Agricultural Lands Ceiling Act, 1960 against Manoharsinhji Pradyumansinhji Jadeja, whose 587 acres of land were declared surplus. Jadeja contended that the lands were "urban land" under the Urban Land (Ceiling and Regulation) Act, 1976 and therefore o

AJAHAR ALIversusSTATE OF WEST BENGAL

2013 INSC 6764 October 2013Dismissed

In 1995 Ajahar Ali forcibly grabbed the hair of 16‑year‑old Nasima Begum, kissed her and caused a cut on her lip. He was convicted under Section 354 of the Indian Penal Code and sentenced to six months’ simple imprisonment and a fine. The appellant appealed, arguing that the 18‑year delay, his juvenile status at the ti

MUNISH MUBARversusSTATE OF HARYANA

2012 INSC 4484 October 2012Dismissed

The appellant Munish Mubar was convicted for the murder of Ashok Jain based on a series of circumstantial evidences, including a love triangle, the appellant's car parked at Delhi airport at the time of the murder, phone call records placing him near the crime scene, hotel stays, and recovery of blood‑stained items and

GANGABHAVANIversusRAYAPATI VENKAT REDDY & ORS.

2013 INSC 5884 September 2013Appeal(s) allowed

The case involved thirteen accused charged under IPC sections 302, 148, 149 and the Explosive Substances Act for the murder of Y. Ramachandra Reddy. The trial court convicted six of them (A‑1 to A‑6) while acquitting the rest; the High Court later reversed this, acquitting all six. On appeal, the Supreme Court examined

RAFIQ AHMED @ RAFIversusSTATE OF U.P.

2011 INSC 5464 August 2011Dismissed

The appellant Rafiq Ahmed was charged with dacoity with murder under IPC s.396 (and s.201) but was convicted of murder under s.302. He argued that the lack of a specific charge under s.302 deprived him of a fair defence and caused prejudice. The Supreme Court examined the statutory relationship between s.396 and s.302,

S.P. MALHOTRAversusPUNJAB NATIONAL BANK & ORS.

2013 INSC 4354 July 2013Appeal(s) allowed

The appellant, a bank clerk promoted to assistant manager, was suspended in 1982 and charged with four misconduct allegations. An enquiry officer investigated and exonerated him on all charges, but the disciplinary authority disagreed on two charges and dismissed him without recording reasons or giving him a chance to

BHAJAN SINGH @ HARBHAJAN SINGH & ORS.versusSTATE OF HARYANA

2011 INSC 4224 July 2011Dismissed

Six accused, armed with deadly weapons, entered the complainant's house and killed two of his sons while seriously injuring his grandson. The trial court convicted three of them under Sections 302/34 and 307/34 IPC and acquitted the other three, but the High Court convicted all six under Sections 302/149 and 307/149 IP

SURAZ INDIA TRUSTversusUNION OF INDIA AND ANR.

2011 INSC 2604 April 2011Matter referred to larger bench

The Suraz India Trust, a Rajasthan public trust, filed a writ petition under Article 32 of the Constitution seeking review of two Supreme Court judgments that had affirmed the primacy of the collegium in appointing Supreme Court and High Court judges. The trust contended that those judgments effectively amended Article

H. SIDDIQUI (DEAD) BY LRS.versusA. RAMALINGAM

2011 INSC 1854 March 2011Disposed off

The appellant filed a suit for specific performance of a registered agreement to sell a one‑third share of a property, alleging that the respondent’s brother, acting under a power of attorney, had entered into the sale. The respondent denied ever executing a power of attorney authorising his brother to alienate the pro

ARIKALA NARASA REDDYversusVENKATA RAM REDDY REDDYGARI & ANR.

2014 INSC 764 February 2014Disposed off

The 2009 Legislative Council election for Nizamabad saw a narrow result, leading the defeated candidate to file an election petition alleging wrongful rejection of three votes and wrongful acceptance of one vote. The appellant, who had been declared elected, filed a recrimination petition under Section 97 of the Repres

R. SHAJIversusSTATE OF KERALA.

2013 INSC 724 February 2013Dismissed

The appellant, a Deputy Superintendent of Police, was convicted for the murder of Praveen (the deceased) and for criminal conspiracy under IPC s.302 r.w. s.1208. The prosecution relied on circumstantial evidence, including DNA identification of the dismembered body parts, recovery of the weapon (a chopper) and a van at

KHANAPURAM GANDAIAHversusADMINISTRATIVE OFFICER & ORS.

2010 INSC 14 January 2010Dismissed

Khanapuram Gandaiah, involved in multiple civil suits over land, sought under the Right to Information Act, 2005, the reasons why a judicial officer (Respondent No.4) had dismissed his miscellaneous appeal, alleging judicial dishonesty. His RTI application under Section 6 was rejected, and subsequent appeals before the

MAHARSHI MAHESH YOGI VEDIC VISHWAVIDYALAYAversusSTATE OF M.P. & ORS.

2013 INSC 4283 July 2013Appeal(s) allowed

The Maharshi Mahesh Yogi Vedic Vishwavidyalaya, a university created under the 1995 Act to impart Vedic and other education, challenged the Amendment Act 5 of 2000 which altered Section 4(1) to restrict instruction to Vedic learning only, deleted the phrase “dissemination of knowledge”, and added a proviso requiring St

PUBLIC SERVICE COMMISSION, UTTARANCHALversusMAMTA BISHT AND ORS.

2010 INSC 3363 June 2010Appeal(s) allowed

The Uttaranchal Public Service Commission advertised 35 posts of Civil Judge (Junior Division) with both vertical (SC/ST/OBC) and horizontal (women, physically handicapped) reservations. Ms. Mamta Bisht, a resident woman of Uttaranchal, applied for the horizontal women’s reservation but was not selected. She filed a wr

STATE OF ORISSA & ANR.versusRAJKISHORE NANDA & ORS.

2010 INSC 3373 June 2010Appeal(s) allowed

The State of Orissa advertised 15 junior clerk vacancies, later increased to 33, and prepared a select list of 66 candidates. Candidates whose names remained on the list but were not appointed filed petitions before the Central Administrative Tribunal seeking appointment, and the Tribunal ordered that all remaining can

FULJIT KAURversusSTATE OF PUNJAB & ORS.

2010 INSC 3383 June 2010Dismissed

Fuljit Kaur applied for a residential plot in Punjab Urban Estates and was asked to pay a provisional price. After the tentative price was later determined, the authorities issued a demand for an additional price, which she challenged as arbitrary. The High Court upheld the demand, relying on the Supreme Court’s decisi

STATE OF PUNJAB & ORS.versusG.S. RANDHAWA

2010 INSC 3393 June 2010Appeal(s) allowed

The Supreme Court examined the liability of an allottee under the Punjab Urban Estate (Sale of Sites) Rules, 1965 to pay an additional price for a plot. The High Court had dismissed the demand notice issued to the allottee, but the Supreme Court set aside that judgment, upheld the demand notice, and affirmed the State'

STATE OF PUNJAB & ORS.versusCOL. KULDEEP SINGH

2010 INSC 3403 June 2010Appeal(s) allowed

Colonel Kuldeep Singh, an allottee under the Punjab Urban Estate (Sale of Sites) Rules, 1965, received a demand notice requiring payment of an additional price for his allotted plot. The High Court of Punjab and Haryana dismissed the demand notice, holding that the allottee was not liable to pay the extra amount. The a

MANOHAR LAL (D) BY LRS.versusUGRASEN (D) BY LRS. & ORS.

2010 INSC 3413 June 2010Disposed off

The case concerned allotments of land acquired under the 1894 Land Acquisition Act and the applicability of the Uttar Pradesh Urban Planning and Development Act, 1973. The State Government, acting as a revisional authority, directed the Ghaziabad Development Authority (GDA) to allot land to both Manohar Lal and Ugrasen

MANGA @ MAN SINGHversusSTATE OF UTTARAKHAND

2013 INSC 3023 May 2013Dismissed

The appellants, a group of fifteen men, were convicted for firing on the complainant's family, causing two deaths and multiple injuries, under Sections 147, 148, 302, 307 read with Section 149 of the IPC. They challenged the convictions on grounds of alleged delay in lodging the FIR and forwarding the express report to

CENTRAL BUREAU OF INVESTIGATIONversusHOPESON NINGSHEN & ORS.

2010 INSC 2593 May 2010Disposed off

The Central Bureau of Investigation (CBI) sought transfer of two kidnapping‑murder cases involving an NSCN (IM) activist from the Chief Judicial Magistrate's Court in Ukhrul, Manipur to a CBI‑court in Delhi under Section 406 of the CrPC. The incidents involved the abduction and killing of three government employees, sp

A.P.N.G.O.'S ASSOCIATIONversusGOVERNMENT OF ANDHRA PRADESH & OTHERS

2014 INSC 2423 April 2014Appeal(s) allowed

The A.P.N.G.O.'S Association sought to purchase 18 acres of land owned by a Hindu temple to build houses for its members. Under s.80 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the government published a Gazette notice inviting objections and subsequently issued G.O.Ms. N

PHULA SINGHversusSTATE OF HIMACHAL PRADESH

2014 INSC 1613 March 2014Dismissed

The appellant, a Kanungo, was accused of demanding and accepting a bribe under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 after a trap was laid by the complainant. Although the trial court acquitted him, the High Court convicted him, sentencing him to one year imprisonment and a fine. On appeal, the

N. KANNAPANversusSTATE (UNION TERRITORY) ANDAMAN & NICOBAR ISLANDS

2013 INSC 43 January 2013Dismissed

The police seized large quantities of gelatine sticks, electronic detonators and ammonium nitrate from containers at Port Blair, alleging that the consignments were clandestinely shipped and constituted "specific category explosive substances" under the Explosive Substances Act, 1908. The accused, who are quarry operat

KN ASWATHNARAYANA SETTY (D) TR. LRS. & ORS.versusSTATE OF KARNATAKA & ORS.

2013 INSC 8012 December 2013Dismissed

The petitioners purchased land that had been subject to a Section 4 notification under the Land Acquisition Act, 1894, while the de‑notification of that acquisition was under appeal before the Supreme Court. The Court held that a purchaser after such a notification cannot challenge the acquisition and, under the doctri

TUKARAM KANA JOSHI & ORS. THR. POWER OF ATTORNEY HOLDERversusM.I.D.C. & ORS.

2012 INSC 5032 November 2012Appeal(s) allowed

The appellants' ancestral land was notified for acquisition in 1964, but the acquisition proceedings lapsed while the State took possession and handed it over to the Maharashtra Industrial Development Corporation without paying compensation. The appellants filed a writ petition seeking compensation, which the High Cour

RAFIQUE @ RAUF & OTHERSversusSTATE OF U.P.

2013 INSC 4102 July 2013Dismissed

The appellants were convicted for murder and related offences after an incident in which they allegedly entered the deceased's house and fired indiscriminately, killing Zahiruddin and injuring two others. The prosecution relied on the deceased's statement recorded under Section 161 of the CrPC (Ext.Ka‑9) as a dying dec

VATHSALA MANICKAVASAGAM & ORS.versusN. GANESAN & ANR.

2013 INSC 4112 July 2013Appeal(s) allowed

A family of five members disputed the ownership of three houses. The mother, two sons and a daughter filed a partition suit against the eldest son, claiming a 4/5 share in the properties. The trial court, relying on the mother’s testimony and a letter (Ex.A‑17) written by the eldest son, held that all three houses were

SHEO SHANKAR SINGHversusSTATE OF U.P.

2013 INSC 4072 July 2013Dismissed

The case concerned the murder of Lorik, who was shot dead after his motorcycle was stopped by four accused who opened fire on him. The trial court convicted all four accused under Section 302 read with Section 34 IPC and sentenced them to life imprisonment, also convicting them under Section 379 IPC. On appeal, the acc

PREMWATIversusUNION OF INDIA & ORS.

2013 INSC 4142 July 2013Case Partly allowed

The appellants' land in Shahibabad Daulatpur village was acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed compensation at Rs 13,000 per bigha (Block A) and Rs 6,000 per bigha (Block B). The Reference Court enhanced it to Rs 17,500–18,000 per bigha, and the Delhi High Court further

THE DISTRICT COLLECTOR, SRIKAKULAM & ORS.versusBAGATHI KRISHNA RAO & ANR.

2010 INSC 3352 June 2010Appeal(s) allowed

The respondents filed a suit seeking declaration of title and possession of land, which the appellants contended was forest land vested in the State of Andhra Pradesh. The State was a party in the trial court and the first appellate court but was not impleaded in the second appeal before the High Court. The High Court

BISHNU BISWAS & ORS.versusUNION OF INDIA & ORS.

2014 INSC 2412 April 2014Dismissed

The appellants were appointed to eight Group D posts after a written test and a subsequently introduced interview, each weighted at 50% despite the recruitment rules only providing for a written test. Unsuccessful candidates challenged the appointments, arguing that the employer altered the selection criteria mid‑proce

UNION OF INDIA & ORS.versusEX-GNR AJEET SINGH

2013 INSC 2062 April 2013Appeal(s) allowed

The respondent, a serving army soldier, was tried by a General Court Martial (GCM) for six offences including absence without leave, theft of ammunition and possession of a counterfeit seal, receiving dismissal and seven years' rigorous imprisonment. He contended that some offences were committed while he was a juvenil

RAVI YASHWANTversusDISTRICT COLLECTOR, RAIGAD AND ORS.

2012 INSC 1262 March 2012Appeal(s) allowed

Ravi Yashwant Bhoir, elected President of Uran Municipal Council, was disqualified for the remainder of his term and barred for six years under Section 558 of the Maharashtra Municipal Councils Act on allegations of misconduct, including failure to call a General Body meeting and awarding tenders at higher rates. The S

RAJESH TALWARversusC.B.I. & ORS.

2012 INSC 1272 March 2012Dismissed

The murder of Aarushi Talwar and the subsequent killing of domestic help Hemraj led to a criminal trial before the Special Judicial Magistrate (CBI) in Ghaziabad. Dr. Rajesh Talwar and Dr. Nupur Talwar filed separate transfer petitions under Section 406 of the Code of Criminal Procedure, seeking to move the trial to De

SAVARALA SAI SREEversusGURRAMKONDA VASUDEVARAO & ORS.

2014 INSC 8972 January 2014Disposed off

The Supreme Court examined the conviction of respondents under Section 3 of the Dowry Prohibition Act, 1961. The trial court had sentenced them to three months' imprisonment, far below the statutory minimum of five years, without recording any special reasons. The High Court further reduced the sentence to four days on

STATE OF GUJARAT & ANR.versusHONBLE MR. JUSTICE R. A. MEHTA (RETD) & ORS.

2013 INSC 12 January 2013Dismissed

The Gujarat Lokayukta post remained vacant since 2003 and the State Government sought to appoint Justice R.A. Mehta under the Gujarat Lokayukta Act, 1986. The Act requires the Governor to appoint the Lokayukta after "consultation" with the Chief Justice of the High Court and, where applicable, the Leader of Opposition.

HARIVADAN BABUBHAI PATELversusSTATE OF GUJARAT

2013 INSC 4001 July 2013Case Partly allowed

Harivadan Babubhai Patel (A‑1) and three others were tried for kidnapping, murder and conspiracy under Sections 342, 346, 302, 1208 and 201 IPC read with Section 34. The trial court convicted A‑1 and A‑2, acquitting A‑3 and A‑4; the High Court later acquitted A‑2 but upheld A‑1's conviction. On appeal, the Supreme Cour

BIRENDRA DAS & ANR.versusSTATE OF ASSAM

2013 INSC 3831 July 2013Dismissed

The appellants, Birendra Das and another, were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Matilal Das. The prosecution proved that the deceased was hacked to death, that the appellants were present armed with deadly weapons, and that they dragged the dead body to Birendr

PRAMOD KUMARversusSTATE (GNCT) OF DELHI

2013 INSC 3901 July 2013Dismissed

The appellant, a proclaimed offender, was apprehended in a house where he allegedly assaulted a police constable, was grappled with, and then fired a country‑made pistol, killing the constable. The trial court convicted him under Sections 302, 332, 186 of the IPC and Sections 25, 27 of the Arms Act. On appeal, the accu

STATE OF RAJASTHANversusSHIV CHARAN & ORS.

2013 INSC 3911 July 2013Appeal(s) allowed

The State of Rajasthan prosecuted Shiv Charan and others for the murder of Prahlad, alleging that five armed men, including the accused, formed an unlawful assembly and assaulted the victim, leading to his death. The trial court convicted them under Sections 302, 149 and 148 of the IPC and sentenced them to life impris

RAJASTHAN PRADESH V.S. SARDARSHAHAR AND ANR.versusUNION OF INDIA AND ORS.

2010 INSC 3341 June 2010Disposed off

The Supreme Court examined whether holders of the "Vaidya Visharad" or "Ayurved Ratna" certificates issued by the Hindi Sahitya Sammelan, Prayag after 1967 could practice medicine under the Indian Medicine Central Council Act, 1970, and whether the cut‑off date of 1967 in Entry 105 of the Act’s Second Schedule was arbi

GENERAL OFFICER COMMANDINGversusCBI AND ANR

2012 INSC 1961 May 2012Disposed off

The CBI investigated a 2000 fake encounter at Pathribal in Jammu & Kashmir, where five alleged terrorists were killed by members of the 7 Rashtriya Rifles, and filed a charge‑sheet against several army officers. The officers invoked Section 7 of the Armed Forces (Jammu & Kashmir) Special Powers Act, 1990, claiming that

BANGALORE DEVELOPMENT AUTHORITYversusM/S VIJAYA LEASING LTD. & ORS.

2013 INSC 1971 April 2013Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land under the Bangalore Improvement Act, 1945, with possession handed over to the government on 9 December 1983. A de‑notification under Section 48(1) of the Land Acquisition Act, 1894 was issued on 5 October 1999, and later recalled on 27 June 2000. The Karnataka Hig

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