MADAN LAL KAPOORversusRAJIV THAPAR & ORS.
2007 INSC 89131 August 2007Appeal(s) allowed
The appellant filed a criminal revision petition which the Delhi High Court dismissed for default despite notice. The Supreme Court held that a criminal appeal or revision cannot be dismissed for default and must be decided on its merits with a reasoned order. It relied on Bani Singh v. State of U.P. and Parasuram Pate…
SHIN SATELLITE PUBLIC CO. LTD.versusM/S JAIN STUDIOS LTD.
2006 INSC 5531 January 2006Case Allowed
Shin Satellite Public Co. Ltd., a Thai satellite service provider, entered into a contract with Jain Studios Ltd. that contained an arbitration clause (Clause 23) requiring disputes to be referred to arbitration in Delhi under UNCITRAL rules, with the award deemed final and binding and a waiver of any right of appeal. …
NEW INDIA ASSURANCE CO. LTD.versusPRABHU LAL
2007 INSC 121030 November 2007Appeal(s) allowed
The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only a licence to drive …
M/S GUJARAT PRADESH PANCHAYAT PARISHAD AND ORS.versusSTATE OF GUJARAT AND ORS.
2007 INSC 79430 July 2007Dismissed
The Gujarat Pradesh Panchayat Parishad and the Sabarkantha District Panchayat challenged a resolution and an office order that required the District Development Officer (DDO) to consult the President of the District Panchayat before taking any action on recruitment, transfer, promotion or other service matters. The Hig…
K.THULASEEDHARANversusTHE KERALA STATE PUBLIC SERVICE COMMISSION, TRLVANDRUM AND ORS.
2007 INSC 50230 April 2007Dismissed
The appellants were included in a Kerala Public Service Commission (KPSC) ranked list for Overseer Grade‑II appointments. The list, published on 31‑03‑2001, was set to expire on 31‑03‑2004 but the KPSC, invoking the 5th proviso to Rule 13 of its Rules of Procedure, extended the validity of several lists after a ban on …
BHOLU RAMversusSTATE OF PUNJAB & ANR.
2008 INSC 99929 August 2008Appeal(s) allowed
The appellant, Bholu Ram, a clerk in a government school, was charged with forgery and cheating under IPC sections 409, 420, 467, 468 and 471. During trial he applied under CrPC s.319 to add the headmaster, Sher Singh, as an accused and the magistrate issued summons. The headmaster sought to recall the summons on the g…
M/S. HOLANI AUTO LINKS PVT. LTDversusSTATE OF MADHYA PRADESH
2008 INSC 54929 April 2008Dismissed
M/s. Holani Auto Links Pvt. Ltd. entered into a dealership agreement with Castrol India Ltd. and stored over 33,000 litres of engine oil at its premises. The State Food Department seized the oil and, under the Madhya Pradesh Essential Commodities (Exhibition of Price & Price Control) Order, 1977, issued a show‑cause no…
PEPSU ROAD TRANSPORT CORP.versusRAWEL SINGH
2008 INSC 27629 February 2008Case Partly allowed
Rawel Singh, a driver with Pepsu Road Transport Corporation, was absent from duty without sanctioned leave. After notice and a charge sheet, a disciplinary enquiry was held ex parte because he failed to appear, leading to his termination. He obtained reinstatement from civil courts, which allowed the corporation to con…
SUDESH KUMARversusSTATE OF UTTARAKHAND
2008 INSC 11329 January 2008Dismissed
Sudesh Kumar was convicted under IPC s.392 r/w s.34 and the Arms Act for a robbery committed on 7 March 1981 and sentenced to five years' rigorous imprisonment. He appealed, claiming benefit under Section 6 of the Probation of Offenders Act, 1958, asserting that he was under 21 years of age at the time of the offence b…
SARVA SHRAMIK SANGHATANA (K.V.) MUMBAIversusSTATE OF MAHARASHTRA AND OTHERS
2007 INSC 119928 November 2007
Century Industries Textiles Ltd., after offering a Voluntary Retirement Scheme that left only 275 workers, filed an application under s.25‑0(1) of the Industrial Disputes Act, 1947 seeking permission to close its mill. The company later withdrew this application to pursue an amicable settlement after a meeting was call…
K.RADHAIversusC.B.I., COCHIN UNIT
2007 INSC 98328 September 2007
The appellant, a clerk in Syndicate Bank, was found to have opened a false bank account and fraudulently withdrawn Rs.42,000. She was charged under IPC sections 465, 468, 471, 420 and under the Prevention of Corruption Act, 1988 (s.13(1)(d) read with s.13(2)). The trial court convicted her and sentenced her to two year…
KHURSHEED AND ANR.versusSTATE OF U.P. AND ANR.
2007 INSC 99528 September 2007Appeal(s) allowed
The accused were convicted under Sections 325 and 323 of the IPC, each read with Section 34, for assaulting the complainant and his wife. Subsequently, the parties reached an amicable settlement and filed a deed of compromise seeking compounding of the offences. The appellants contended that both offences are compounda…
EASTERN COALFIELDS LTD.versusDUGAL KUMAR
2008 INSC 87028 July 2008Case Partly allowed
Eastern Coalfields Ltd. purchased 1.26 acres of land from Dugal Kumar and, under its policy, offered 1008 metric tons (MT) of coal, which the petitioner accepted and was released. After a ten‑year delay, the petitioner filed a writ petition seeking an additional 1008 MT of coal; the Calcutta High Court, on the basis of…
SHAIL KUMARI DEVI & ANR.versusKRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK
2008 INSC 87128 July 2008Case Partly allowed
Shail Kumari Devi and her minor daughter filed a Section 125 CrPC maintenance suit against Krishan Bhagwan Pathak in 1997, seeking Rs.500 each per month. The Family Court later ordered maintenance of Rs.2,000 and Rs.1,000 respectively, payable from the date of application (July 21, 1997). The High Court reduced the amo…
YUNUS ALI (DEAD) THROUGH HIS L.RS.versusKHURSHEED AKRAM
2008 INSC 74228 May 2008Appeal(s) allowed
The appellant, the legal representatives of the deceased landlord Yunus Ali, sued tenant Khursheed Akram for arrears of rent and sought a provisional rent determination under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. Both the trial court and the first appellate court fixed the prov…
SUNEET GUPTAversusANIL TRILOKNATH SHARMA & ORS.
2008 INSC 53528 April 2008Dismissed
The appellant, Suneet Gupta, entered into a partnership with M/s K.M. Agencies, which later faced a dispute when the other partner joined M/s Mangla Agencies and allegedly misrepresented the firm's status to the principal, Johnson & Johnson, resulting in payment to the latter firm. Gupta filed a criminal complaint unde…
JAGDISH SINGHversusMADHURI DEVI
2008 INSC 53628 April 2008Case Allowed
The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of desertion and cruelty. The Family Court examined the evidence in detail and granted the decree of divorce. The wife appealed, and the High Court set aside the Family Court's decree, holding that there were no spe…
NIRMAL KANTA (DEAD) THROUGH LRS.versusASHOK KUMAR & ANR.
2008 INSC 42028 March 2008Dismissed
The landlord filed an eviction petition under Section 13 of the East Punjab Rent Restriction Act, 1949, alleging that the tenant had sub-let part of a shop to a tailor. The Rent Controller dismissed the petition, the Appellate Authority reversed that decision, and the High Court reinstated the dismissal, holding that t…
RAGHUNANDANversusSTATE OF MADHYA PRADESH
2007 INSC 87027 August 2007Dismissed
The appellant, accused No.2, was convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Manfer, whose body was found in the appellant's house. The prosecution proved that the appellant lured the deceased to his residence, served him liquor, and, together with co‑accused Sakkhu, caus…
GIRIJA PRASAD (DEAD) BY LRS.versusSTATE OF MADHYA PRADESH
2007 INSC 87127 August 2007Dismissed
Girja Prasad, a lower‑division clerk, was alleged to have accepted Rs 200 as a bribe on behalf of his superior, the Divisional Ayurved Chikitsa Adhikari, after a trap was laid by the complainant and police officials. The trial court acquitted him, deeming the key witnesses (the complainant and a police inspector) as in…
JAPANI SAHOOversusCHANDRA SEKHAR MOHANTY
2007 INSC 78927 July 2007Appeal(s) allowed
The appellant, Japani Sahoo, filed a criminal complaint on 5 February 1996 alleging assault and extortion by the respondent, an Inspector of Police. The Sub‑Divisional Judicial Magistrate took cognizance of the complaint only on 8 August 1997, more than a year after the alleged offence, and later issued summons and a n…
D. DWARAKANANTHA REDDYversusCHAITNYA BHARATHI EDUCATIONAL SOCIETY AND ORS.
2007 INSC 47827 April 2007Dismissed
The appellants claimed that they had been validly inducted as Promoter‑Members of Chaitnya Bharathi Educational Society by a Board of Governors resolution in 2000 and a General Body approval in 2006, which they said entitled them to vote in the Society’s Board elections. The Society contended that under Clause 4(b) of …
STATE OF RAJASTHANversusNETRAPAL AND ORS.
2007 INSC 21727 February 2007Dismissed
During the night of 25-26 November 1987 a dacoity was allegedly committed in Samarpur village, during which several houses were robbed and a victim was shot dead. The victims identified the accused in electric light and the police recovered empty gun bores and ornaments, which were also identified by the owners. The Sp…
SMT. KIRAN SINGHversusUNION OF INDIA AND ORS.
2007 INSC 22627 February 2007Appeal(s) allowed
The dispute concerned the appointment of a candidate (the appellant) to the post of Extra Departmental Branch Post Master (EDBPM) in Jaunpur. Both the appellant and respondent No.5 had passed the High School Examination with first division, but the service rules and a 1993 circular required that, besides educational qu…
DURGESH SHARMAversusJAYSHREE
2008 INSC 109626 September 2008Disposed off
The husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Ujjain. The wife applied to the Madhya Pradesh High Court under Section 23 of the Code of Civil Procedure (CPC) to have the case transferred to a court in Malegaon, Maharashtra, and the High Court ordered the transfer. The husband …
PRABHA MATHUR & ANR.versusPRAMOD AGGARWAL & ORS.
2008 INSC 109726 September 2008Disposed off
The complainants, Prabha Mathur & Anr., alleged that the respondents, Pramod Aggarwal & Ors., cheated them in a property sale and filed a criminal complaint under IPC sections 420, 467, 468, 471, 34 and 1208. The trial court dismissed the complaint as a civil matter, a decision affirmed by the revisional court. The com…
KUNWAR PAL SINGH (DEAD) BY LRS.versusSTATE OF U.P. AND ORS.
2007 INSC 33926 March 2007Appeal(s) allowed
The State of Uttar Pradesh issued notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 to acquire land for a planned development scheme. The landowners challenged the validity of the notifications and later the award made by the Land Acquisition Officer, arguing that the award was passed after the two…
PUNE MUNICIPAL CORPORATIONversusSTATE OF MAHARASHTRA AND ORS
2007 INSC 21526 February 2007Appeal(s) allowed
The Pune Municipal Corporation (PMC) was allotted land declared excess under the Urban Land (Ceiling & Regulation) Act, 1976 after the State vested the land in it and the corporation paid the occupancy price. The land owners had earlier filed a statement under Section 6, received a final order under Section 8 and a not…
GENERAL INSTRUMENTS COMPANYversusUNION OF INDIA & ORS.
2008 INSC 96725 August 2008Case Partly allowed
The appellant, a partnership firm, was awarded a government contract and obtained a Special Imprest Licence (SIL) to import raw materials duty‑free, subject to a bond and an export obligation. After fulfilling the export obligation, the licensing authority issued a forfeiture order, enforced a bond and denied cash comp…
MD. ABDUL SUFAN LASKAR AND ORS.versusSTATE OF ASSAM
2008 INSC 96825 August 2008Appeal(s) allowed
The appellants were convicted under Sections 147 and 324 of the IPC for attacking Abdul Haque Laskar with deadly weapons in 1995. After the convictions, the parties entered into an amicable settlement and sought to compound the offences. The issue before the Supreme Court was whether the offence under Section 324 IPC c…
GENERAL MANAGER, STATE BANK OF INDIA & ORS.versusANJU JAIN
2008 INSC 97025 August 2008Appeal(s) allowed
The widow of a State Bank of India employee applied for a compassionate appointment after her husband, who had been found guilty of gross misconduct and punished, died in service. The bank rejected her claim, citing a clause in its compassionate appointment scheme that excludes dependents of employees with blemished se…
KSL & INDUSTRIES LTD.versusMIS ARIHANT THREADS LTD. & ORS.
2008 INSC 97325 August 2008Disposed off
The Industrial Development Bank of India obtained a recovery order against M/s Arihant Threads Ltd. under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB Act), leading to an auction of the company's assets which was won by KSL & Industries Ltd. The company later invoked Section 22 of the S…
STATE OF U.P. AND ORS.versusMAQBOOL AHMAD
2006 INSC 55525 August 2006Dismissed
Maqbool Ahmad was selected as an Assistant Engineer in 1970 and initially served in the Irrigation Department before being transferred to the Public Works Department (PWD) in 1977 without a break in service. He claimed entitlement to selection grade (after 16 years) and supertime scale (after 18 years) based on a 1968 …
REGIONAL MANAGER, CENTRAL BANK OF INDIAversusMADHULIKA GURUPRASAD DAHIR AND ORS.
2008 INSC 86725 July 2008Case Allowed
The employee was appointed in 1981 to a post reserved for Scheduled Tribes on the basis of a caste certificate that was later found to be false. The Government‑issued directive of 1990 required public‑sector banks to verify such certificates, leading to the employee’s case being referred to a Scrutiny Committee, which …
SHIV PRASADversusGOVERNMENT OF INDIA & ORS.
2008 INSC 53125 April 2008Disposed off
The appellant, Dr. Shiv Prasad, applied for the post of Associate Professor in the Department of Mathematics of Roorkee University and was recommended for that post. Respondent No.4, Dr. Madhu Jain, applied for the Assistant Professor position and was selected under the university's combined cadre of Associate/Assistan…
S.K. SINHA, CHIEF ENFORCEMENT OFFICERversusMIS. VIDEOCON INTERNATIONAL LTD. & ORS.
2008 INSC 10525 January 2008Case Allowed
The Chief Enforcement Officer filed a criminal complaint under the Foreign Exchange Regulation Act (FERA) against Videocon International Ltd. on May 24, 2002. The Chief Metropolitan Magistrate took cognizance of the offence on the same day and later issued summons on February 3, 2003. The accused sought quashing of the…
SUNITA JAINversusPAWAN KUMAR JAIN & ORS.
2008 INSC 10625 January 2008Disposed off
Sunita Jain alleged that her husband Pawan Kumar Jain and his parents harassed her for dowry, physically and mentally torturing her, leading her to lodge an FIR. The trial court framed charges under IPC sections 498A, 506, 406, 34 and Dowry Prohibition Act sections 3 and 4. The High Court, invoking its inherent power u…
MANGAT RAMversusSTATE OF HARYANA
2008 INSC 10725 January 2008Appeal(s) allowed
Mangat Ram appealed to the High Court against his detention, seeking bail. The High Court dismissed the appeal with the terse order "Dismissed, reasons to follow" without providing any reasoning. The appellant challenged this order before the Supreme Court, arguing that a court must record reasons for its decisions to …
STATE OF ANDHRA PRADESHversusM. MADHUSUDHAN RAO
2008 INSC 121924 October 2008Dismissed
The State of Andhra Pradesh appealed the acquittal of M. Madhusudhan Rao, who was charged under Section 498A IPC for allegedly harassing his wife and forcing her to consume poison to extract an additional dowry of Rs 50,000. The trial court had convicted him, but the High Court set aside the conviction on re‑appraisal …
STATE OF MAHARASHTRAversusAHMED SHAIKH BABAJAN & ORS.
2008 INSC 122024 October 2008Dismissed
The State of Maharashtra appealed against the High Court’s order acquitting Ahmed Shaikh Babajan and four co‑accused of murder (Sec. 302 r/w Sec. 34 IPC) and house‑breaking (Sec. 456 r/w Sec. 109 IPC). The facts involved a dispute over possession of a flat, the alleged assault and death of the tenant’s son, and claims …
M/S. HANU MOTEL PVT. LTD. & ORS .versusU.P. FINANCIAL CORPORATION LTD. & ANR.
2008 INSC 122124 October 2008Appeal(s) allowed
M/s Hanu Motel Pvt. Ltd. entered into a loan agreement with U.P. Financial Corporation which was later cancelled and a demand notice issued. The company filed a suit in 2001, naming itself and its director Ram Raj Singh as plaintiffs, and obtained an interim injunction. During the appeal, the company removed Ram Raj Si…
SOMONversusSTATE OF KERALA
2008 INSC 122224 October 2008Case Partly allowed
Six armed men formed an unlawful assembly with the common object of killing Balan. They inflicted multiple injuries on his arms and legs, and he later died. The trial court convicted accused No.1 (the appellant) and others under Section 302 read with Section 34 IPC, along with other offences. The High Court acquitted a…
M/S. DHAMPUR SUGAR MILLS LTDversusSTATE OF U.P. AND ORS.
2007 INSC 96424 September 2007Case Partly allowed
Mis Dhampur Sugar Mills Ltd., a sugar mill and distillery, challenged a Uttar Pradesh government directive that required all sugar mills to reserve 20% of their molasses for country‑liquor production. The company argued it had no excess (balance) molasses because its entire output was used captive and it even imported …
M.C. CHAMARAJUversusHIND NIPPON RURAL INDUSTRIAL (P) LTD.
2007 INSC 86324 August 2007Appeal(s) allowed
M.C. Chamaraju, a supervisor employed by Hind Nippon Rural Industrial (P) Ltd, worked for more than five years across several units before his salary stopped in March 1993. He applied for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority and the Appellate Authority held that the various units …
SUKHDEO PANDEYversusUNION OF INDIA AND ANR.
2007 INSC 86424 August 2007Case Partly allowed
Sukhdeo Pandey, an Extra‑Departmental Branch Post Master (EDBPM), cleared a promotion exam to the post of Postman in 1969 but the selection was cancelled due to alleged irregularities. A criminal case was later filed against him, cleared, and he was arbitrarily removed from service in 1977; the removal order was set as…
CEMENT WORKERS KARAMCHARI SANGHversusM/S. JAIPUR UDYOG LIMITED AND ORS.
2008 INSC 39024 March 2008Disposed off
The case concerned the winding up of Jaipur Udyog Ltd. (JUL), a sick cement company, and the dispute over workmen's dues and a settlement entered between the workers' union and the company. JUL appealed a BIFR winding‑up order before the AAIFR, which imposed a condition to deposit Rs.10 crore; the High Court stayed tha…
MANAGEMENT OF COIMBATORE DISTRICT CENTRAL CO-OPERATIVE BANKversusSECRETARY, COIMBATORE DISTRICT CENTRAL CO-OPERATIVE BANK EMPLOYEES ASSOCIATION AND ANR.
2007 INSC 44823 April 2007Disposed off
The Coimbatore District Central Co‑operative Bank disciplined 53 employees who continued an illegal strike, prevented others from returning to work and were found guilty in an ex‑parte disciplinary inquiry. The Labour Court, acting under Section 10 of the Industrial Disputes Act, upheld the punishment of stoppage of in…
MADHUMILAN SYNTEX LTD. AND ORS.versusUNION OF INDIA & ANR.
2007 INSC 33523 March 2007Dismissed
Madhumilan Syntex Ltd., a public limited company, failed to deposit Tax Deducted at Source (TDS) within the statutory period for AY 1989-90, though it later paid the amount with interest. The Income Tax Officer issued a show‑cause notice under Section 276B read with Section 278B, treating the company and its directors …
SHARE MEDICAL CAREversusUNION OF INDIA AND ORS.
2007 INSC 20223 February 2007Appeal(s) allowed
Share Medical Care, a charitable hospital society, imported medical equipment in 1992‑93 and obtained customs duty exemption under paragraph 2 of Notification No. 64/88. The society later applied for exemption under paragraph 3, claiming eligibility as a non‑profit rural institution, but the Deputy Director General (Me…
PRAKASH SINGH AND ORS.versusUNION OF INDIA AND ORS.
2006 INSC 64222 September 2006Directions issued
The petitioners, former senior police officers and a public interest group, filed a writ petition under Article 32 seeking directions to the Union and State governments to enact a new Police Act replacing the colonial Indian Police Act, 1861, and to implement comprehensive police reforms. They argued that the existing …
CONFEDERATION OF EX-SERVICEMEN ASSOCIATIONS AND ORS.versusUNION OF INDIA AND ORS.
2006 INSC 53322 August 2006Case Partly allowed
The Confederation of Ex‑Servicemen Associations filed a writ petition under Article 32 seeking free and full medical aid for ex‑defence personnel, their families and dependents, arguing that such aid is a fundamental right under Articles 14 and 21. The Union of India responded that the Ex‑Servicemen Contributory Health…
M/S. DHAMPUR SUGAR (KASHIPUR) LTD.versusSTATE OF UTTARANCHAL AND ORS.
2007 INSC 96321 September 2007Dismissed
Mis. Dhampur Sugar (Kashipur) Ltd., a sugar manufacturer, applied for a licence to set up a power‑crusher unit for manufacturing rah from sugarcane. The application was initially rejected under the existing licensing policy, but after the State Government modified the policy on 15 November 2003, a fresh application by …
YOU ONE MAHARIA -JV THROUGH YOU ONE ENGINEERING AND CONSTRUCTION COMPANY LTD. AND ANR.versusNATIONAL HIGHWAYS AUTHORITY OF INDIA
2007 INSC 85321 August 2007Dismissed
The petitioners, a joint‑venture of You One Engineering & Construction Co. Ltd., entered into a contract with the National Highways Authority of India (NHAI) that contained an arbitration clause providing for a three‑member tribunal. Each party would appoint one arbitrator and the two party‑appointed arbitrators would …
PATEL RAJNIKANT DHULABHAI & ANR.versusPATEL CHANDRAKANT DHULABHAI & ORS
2008 INSC 84721 July 2008Disposed off
The petitioners alleged that the respondents, who were parties to a family property dispute, sold and transferred portions of the disputed land and allowed construction despite two interim orders of this Court dated 26‑April‑2004 and 10‑January‑2005 that prohibited any creation of third‑party interest without notice to…
VIKAS & ORS.versusSTATE OF MAHARASHTRA
2008 INSC 7221 January 2008Dismissed
The appellant Vikas and others were convicted for murder and conspiracy under Sections 302, 342 and 34 of the IPC based primarily on two dying declarations of the victim, Rekha, recorded by a Special Judicial Magistrate and a Police Sub‑Inspector. The victim's father and a Panch witness, who turned hostile, were disreg…
VIJI & ANR.versusSTATE OF KARNATAKA
2008 INSC 118220 October 2008Case Partly allowed
The deceased John Peter was attacked on a footpath by a group of seven accused. The trial court convicted all of them for offences including murder under s.302 read with s.149 IPC. The High Court acquitted accused Nos.2‑6 and modified the conviction of accused Nos.1 and 7 to s.302 read with s.34 IPC, also acquitting th…
NOHARLAL VERMAversusDISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, JAGDALPUR
2008 INSC 118320 October 2008Dismissed
Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on 30 June 1982, more th…
M/S PRESTIGE LIGHTS LTD.versusSTATE BANK OF INDIA
2007 INSC 84520 August 2007Dismissed
Prestige Lights Ltd. obtained an Rs.85‑lakh loan from State Bank of India secured by mortgage of its land and building. After defaulting, the bank served a notice under Section 13(2) of the Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and later threatened possession…
GURPREET SINGHversusUNION OF INDIA
2006 INSC 71219 October 2006Reference answered
Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule of appropriation (Or…
PRAMOD KUMAR SAXENAversusUNION OF !NOIA & ORS.
2008 INSC 106119 September 2008Case Partly allowed
Pramod Kumar Saxena, an under‑trial prisoner detained since August 1998 for alleged fraud and other offences in 48 cases across six states, filed a writ petition under Article 32 seeking release on bail, arguing that his prolonged detention violated his fundamental rights. The State argued that the offences were non‑ba…
DHIRENDRA PANDUAversusSTATE OF ORISSA AND ORS.
2008 INSC 106219 September 2008Dismissed
The appellant, Dhirendra Pandua, was elected as a municipal councillor and chairperson in Orissa, but a fellow councillor filed an election petition under section 38 of the Orissa Municipality Act, 1950 alleging that Pandua was a leprosy patient and therefore disqualified under sections 16(1)(iv) and 17(1)(b). The peti…
STATE OF MAHARASHTRAversusSUJAY MANGESH POYAREKAR
2008 INSC 106519 September 2008Appeal(s) allowed
The trial court acquitted Sujay Mangesh Poyarekar of offences under Sections 307 and 504 IPC, holding that the prosecution failed to prove the case beyond reasonable doubt. The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure for leave to appeal the acquittal, which the H…
KUSHESHWAR PRASAD SINGHversusSTATE OF BIHAR AND ORS.
2007 INSC 31619 March 2007Case Partly allowed
The appellant, a landholder, filed a return under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in 1973-74 claiming he did not possess excess land. The Deputy Collector in 1976 upheld his claim and ordered the proceedings dropped, but no final statement under Section 11(1) …
MOHD. MASOOD AHMADversusSTATE OF U.P. & ORS.
2007 INSC 94918 September 2007Dismissed
The petitioner, an Executive Officer of Nagar Palika Parishad Muzaffarnagar, was transferred by the State Government to Mawana, District Meerut, and challenged the order alleging it was made at the behest of an MLA. The Allahabad High Court dismissed his writ petition, holding that the transfer was an exigency of servi…
MANALAL PRABHUDAYALversusORIENTAL INSURANCE CO. LTD.
2006 INSC 52218 August 2006Appeal(s) allowed
The partnership firm Manalal Prabhudayal, insured with Oriental Insurance, suffered loss due to communal riots and claimed Rs.1,93,075. The arbitrator awarded the claim with interest at 12% per annum for the pre‑reference period, pendente lite and post‑award period, and the award was made a rule of the court. The High …
U.P.S.R.T.C.versusMITTHU SINGH
2006 INSC 52318 August 2006Case Partly allowed
Mitthu Singh, a bus driver for Uttar Pradesh State Road Transport Corporation, was terminated after three alleged incidents of refusing to stop the bus on signals from a checking squad. An enquiry officer found the charges proved and the termination was confirmed by the appellate authority. The Labour Court set aside t…
MANJAPPAversusSTATE OF KARNATAKA
2007 INSC 63218 May 2007Case Partly allowed
The appellant Manjappa was convicted for voluntarily causing grievous hurt (IPC s.325) and simple hurt (IPC s.323) in 1997, receiving a cumulative sentence that was reduced by lower courts to one and a half months. He appealed to the Supreme Court seeking probation under CrPC s.360/361, arguing that the offence was his…
SEVERN TRENT WATER PURIFICATION, INC.versusCHLORO CONTROLS (INDIA) PRIVATE LTD. & ANR.
2008 INSC 21118 February 2008Disposed off
Severn Trent Water Purification Inc., a U.S. corporation, held 50% of the equity of a joint venture, Capital Controls (India) Private Ltd., with the Indian partner Chloro Controls (India) Pvt. Ltd. A deadlock in management led Severn Trent to terminate the joint‑venture agreement and file a winding‑up petition under Se…
U.P. STATE SUGAR CORPORATION LTD. AND ORS.versusKAMAL SWAROOP TONDON
2008 INSC 7018 January 2008Case Allowed
The appellant corporation alleged that its resident engineer, Kamal Swaroop Tondon, caused a loss of Rs.1 lakh due to negligence and initiated disciplinary proceedings by issuing a show‑cause notice on 13 January 2000, followed by a regular notice on 31 January 2000, the day of his retirement. While the employee filed …
ISHWAR SINGHversusSTATE OF MADHYA PRADESH
2008 INSC 116917 October 2008Case Partly allowed
Ishwar Singh was convicted under Section 307 read with Section 34 of the IPC for assaulting Devi Singh and was sentenced to three years' rigorous imprisonment and a fine. The conviction and sentence were upheld by the High Court. While the appeal was pending before the Supreme Court, the accused and the victim reached …
THE SECRETARY, DEPARTMENT OF HORTICULTURE, CHANDIGARH & ANR.versusRAGHU RAJ
2008 INSC 117017 October 2008Appeal(s) allowed
The Secretary, Department of Horticulture, Chandigarh filed a second appeal under Section 100 of the CPC against a decree reinstating workman Raghu Raj, which had been admitted in 1980 and remained pending for decades. In 2006 the Punjab and Haryana High Court dismissed the appeal on its merits despite the appellant’s …
M/S. SETHI AUTO SERVICE STATION AND ANR.versusDELHI DEVELOPMENT AUTHORITY AND ORS.
2008 INSC 117117 October 2008Dismissed
The appellants, owners of two petrol pumps at Mahipalpur, claimed that the Delhi Development Authority (DDA) had a duty to relocate their outlets after a flyover project made the sites commercially unviable. The DDA’s Technical Committee and later the Screening Committee had initially recommended resettlement, but the …
MAHADEV PRASAD KAUSHIKversusSTATE OF U.P. & ANR.
2008 INSC 117217 October 2008
The appellant, a medical practitioner, was accused of causing the death of a patient, Buddha Ram, after administering three injections, and of threatening the complainant to withdraw the case. The trial magistrate issued summons under IPC sections 304, 504 and 506, which the High Court upheld. The Supreme Court examine…
SUKHRAMversusSTATE OF MAHARASHTRA
2007 INSC 84117 August 2007Case Partly allowed
The case involved a dowry‑related death of Meerabai, whose husband (appellant A‑1) and father‑in‑law (appellant A‑2, Sukhram) were initially convicted by the trial court of offences under Sections 304‑B and 498‑A IPC. The High Court set aside those convictions but convicted both of them for murder under Section 302 IPC…
SURAJ BHAN AND ORS.versusFINANCIAL COMMISSIONER AND ORS.
2007 INSC 42416 April 2007Disposed off
The appellants, descendants of Data Ram, challenged the mutation of agricultural land in favour of respondent No.5, which was based on a purported Will of Ratni Devi, a daughter of the original owner. The Supreme Court held that the genuineness of the Will is a matter for a competent civil court and, since a suit on th…
SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) GENERAL, HYDERABADversusB. CHANDRA REDDY AND ORS.
2007 INSC 42516 April 2007Dismissed
The Special Deputy Collector (Land Acquisition) General, Hyderabad requisitioned land for defence purposes and offered compensation of Rs 4,000 per acre under the Requisitioning and Acquisition of Immovable Property Act, 1952. The claimants rejected the offer and an arbitrator was appointed, who awarded Rs 9,000 per ac…
BIHAR PUBLIC SERVICE COMMISSION AND ORS.versusKAMINI AND ORS.
2007 INSC 42716 April 2007Case Allowed
The Bihar Public Service Commission advertised for the post of District Fisheries Officer requiring a B.Sc. (Hons.) in Zoology. The petitioner, Kamini, held a B.Sc. (Hons.) in Chemistry with Zoology and Botany as subsidiary subjects and was initially called for interview due to a clerical error. Upon verification, the …
ALCHEMIST LIMITED AND ANR.versusSTATE BANK OF SIKKIM AND ORS.
2007 INSC 30216 March 2007Dismissed
Alchemist Ltd., a company with its registered office in Chandigarh, submitted a proposal for a strategic partnership with State Bank of Sikkim as part of Sikkim's disinvestment of 49% equity. After an acceptance in principle, Alchemist deposited Rs 4.5 crore in Chandigarh, but the Sikkim government later refused approv…
UNION OF INDIA & ORS.versusDEO NARAIN & ORS.
2008 INSC 103615 September 2008Appeal(s) allowed
The respondents, originally appointed as Lower Division Clerks (LDCs), voluntarily transferred on compassionate grounds to another collectorate in 1992 and were placed at the bottom of the seniority list as per the Government of India's May 20, 1980 policy. Because of this low seniority they were not considered for pro…
ASSISTANT COMMISSIONER, INCOME TAX, RAJKOTversusSAURASHTRA KUTCH STOCK EXCHANGE LTD.
2008 INSC 103715 September 2008Dismissed
The Saurashtra Kutch Stock Exchange Ltd., a charitable institution, claimed exemption from income tax under Section 11 of the Income Tax Act, 1961, but its claim was rejected by the Assessing Officer, the Commissioner of Income Tax (Appeals), and the Income Tax Appellate Tribunal (ITAT). The ITAT later filed a miscella…
GURCHARAN SINGHversusREGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.
2005 INSC 42115 September 2005Disposed off
Gurcharan Singh, a former employee of a cooperative society in Himachal Pradesh, filed a writ petition challenging his termination, alleging that the society was a "State" within the meaning of Article 12 and thus subject to judicial review under Article 226. The Himachal Pradesh High Court dismissed the petition, hold…
STATE OF BIHAR AND ORS.versusBIHAR STATE+ 2 LECTURERS ASSOCIATIONS AND ORS.
2007 INSC 57715 May 2007Disposed off
The State of Bihar appointed +2 lecturers, some of whom were untrained, and fixed separate pay scales for trained and untrained lecturers based on a Fitment Committee's recommendation. Untrained lecturers challenged this classification as violative of Article 14 of the Constitution, arguing that the distinction was arb…
GREATER KAILASH PART-II WELFARE ASSOCIATION AND ORS.versusDLF UNIVERSAL LTD. AND ORS.
2007 INSC 57815 May 2007Dismissed
The Greater Kailash Part‑II Welfare Association challenged the municipal sanction and various clearances granted to DLF Universal Ltd for converting the Savitri Cinema Hall into a mini‑cinema‑cum‑commercial complex, alleging that the plan would cause traffic congestion and violated parking standards under the Delhi Mas…
TAMIL NADU HOUSING BOARDversusKEERAVANI AMMAL AND ORS.
2007 INSC 29515 March 2007Appeal(s) allowed
The Supreme Court examined appeals filed by the State of Tamil Nadu and the Tamil Nadu Housing Board challenging a Madras High Court order that directed the re‑conveyance of land acquired under the Land Acquisition Act for a housing scheme. The writ petitioners had earlier sought de‑notification under Section 48 and re…
CHANDRAPPA AND ORS.versusSTATE OF KARNATAKA
2007 INSC 14215 February 2007Appeal(s) allowed
The appellants were acquitted by the trial court of offences under Sections 143, 147, 148, 302, 324 and 149 IPC because the court found contradictions in eye‑witness testimony and noted that key witnesses were not examined, giving them the benefit of doubt. The State appealed under Section 378 of the Criminal Procedure…
GAUDIYA MISSIONversusSHOBHA BOSE & ANR.
2008 INSC 5115 January 2008Case Allowed
The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge of the Allahabad Hi…
HINDUSTAN PETROLEUM CORPN. LTD.versusASHOK RANGHBA AMBRE
2008 INSC 5215 January 2008Case Allowed
Hindustan Petroleum Corporation Ltd. (the appellant) had engaged Ashok Ranghba Ambre on a casual basis as a compounder/dresser from 1984. Ambre filed a writ petition in 1992 seeking to be declared a permanent employee with retrospective benefits. The corporation stopped employing him in 1996, leading to an industrial d…
RAVIKANT S. PATILversusSARVABHOUMA S. BAGALI
2006 INSC 84314 November 2006Appeal(s) allowed
The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that he could file his no…
MUNICIPAL CORPORATION OF CITY OF THANEversusM/S VIDYUT METALLICS LTD. AND ANR.
2007 INSC 91614 September 2007Dismissed
The Municipal Corporation of Thane claimed that Vidyut Metallics Ltd. had underpaid octroi by paying 0.5% under Item 71 of the Maharashtra Municipalities (Octroi) Rules, 1974, instead of 1% under Item 77, and demanded the difference. The company had paid 1% from 1968‑1974, later corrected its classification of stainles…
VANGA SRINIWASversusPUBLIC PROSECUTOR, HIGH COURT OF A.P.
2007 INSC 91714 September 2007Case Partly allowed
The appellant Vanga Sriniwas was accused of killing his wife by strangulation and hanging her body, allegedly to conceal a dowry‑related dispute. The trial court acquitted him, but the Andhra Pradesh High Court convicted him of murder under IPC s.302 and sentenced him to life imprisonment. On appeal, the Supreme Court …
DAYA SINGH LAHORIYA @ RAJEEV SUDAN @ VINAY KUMARversusSTATE OF RAJASTHAN
2007 INSC 56714 May 2007Disposed off
The appellant, Daya Singh Lahoria (also known as Rajeev Sudan and Vinay Kumar), was convicted of offences under IPC sections 420, 468, 471 and 364A, as well as the Explosive Substances Act, and sentenced to seven years of imprisonment (concurrent) and life imprisonment for a kidnapping‑related offence. He had already s…
SUMAN SOOD @ KAMAL JEET KAURversusSTATE OF RAJASTHAN
2007 INSC 56814 May 2007Disposed off
The husband (Daya Singh) and wife (Suman Sood) were extradited from the United States and tried in Rajasthan for kidnapping a politician's son, conspiracy, and related offences. The trial court convicted both of several IPC offences, acquitting Suman Sood of kidnapping for ransom (Sec. 364A). The High Court reversed th…
POWAI PLANT CO-OPERATIVE HOUSING SOCIETY (PROPOSED)versusPOOJA ESTATE CONSULTANT AND CONSTRUCTION AND ORS.
2007 INSC 57114 May 2007Disposed off
The Maharashtra Housing and Area Development Authority (MHADA) constructed 165 flats but received negligible public response to its advertisements. Consequently, MHADA adopted a "Bulk Purchase Scheme" and issued a Letter of Intent on 25 October 2004 to the sole applicant, Powai Plant Co‑operative Housing Society (the a…
PANKAJ SHARMAversusSTATE OF JAMMU & KASHMIR & ORS.
2008 INSC 37014 March 2008Dismissed
The Jammu & Kashmir Public Service Commission conducted the 2005 Combined Competitive Examination, but numerous candidates complained of spelling mistakes, printing errors and doubtful answers in the preliminary papers. The Commission, after consulting experts, deleted the erroneous questions and added their marks pro‑…
M. BALAKRISHNA REDDYversusDIRECTOR, CBI, NEW DELHI
2008 INSC 37114 March 2008Dismissed
M. Balakrishna Reddy, a Central Government employee, was charged by the CBI under the Delhi Special Police Establishment Act, 1946 for alleged cheating in a UPSC exam held in Bhopal, Madhya Pradesh. He challenged the CBI's jurisdiction, arguing that the State of Madhya Pradesh had not given the consent required under S…
USHA SINHAversusDINA RAM & ORS.
2008 INSC 37214 March 2008Dismissed
The respondent obtained an ex‑parte decree in a title suit (No. 140 of 1999) against several defendants. During the pendency of that suit, two of the defendants sold their shares to the appellant, Usha Sinha, by a registered deed. The decree‑holder filed an execution petition, and the appellant sought an injunction to …
SMT. PARMINDER KAURversusSTATE OF U.P. AND ANR.
2007 INSC 28714 March 2007Disposed off
The petitioners, Smt. Parminder Kaur and her husband, sought transfer of two criminal cases pending in the Chief Judicial Magistrate's Court, Rampur, Uttar Pradesh, to courts in Delhi or Chandigarh under Section 406 of the CrPC, alleging threats to their lives, old age, and ill health. The Supreme Court examined whethe…
UNION OF INDIA AND ANR.versusNARENDRA SINGH
2007 INSC 128413 December 2007Case Partly allowed
The respondent, an Accountant in the Office of the Accountant General, was promoted to Senior Accountant (Functional) in 1990 despite not having passed the mandatory Departmental Examination required by the Indian Audit and Accounts Department (Senior Accountant) Recruitment Rules, 1988. The Department later discovered…
TULSIRAM & ORS.versusSTATE OF M.P.
2008 INSC 65113 May 2008Appeal(s) allowed
The appellants were convicted under Sections 325 and 323 read with Section 34 of the IPC for allegedly assaulting two passengers with lethal weapons. On appeal, the Supreme Court examined the credibility of the prosecution's key witnesses, noting that the star witness (PW5) was declared hostile and gave inconsistent st…
A.P. HOUSING BOARDversusMOHAMMED SADATULLAH AND ORS.
2007 INSC 41613 April 2007Disposed off
The Andhra Pradesh Housing Board acquired 45 acres for a housing scheme, but could take possession of only 43 acres; the remaining two acres remained occupied by hut dwellers and compensation was never paid. The land‑owners obtained a writ from the High Court declaring the acquisition award for the two acres a nullity …
A.P. HOUSING BOARDversusADARSHA WELFARE ASSOCIATION AND ANR.
2007 INSC 41713 April 2007Case Allowed
The Andhra Pradesh Housing Board acquired 45 acres for a housing colony, but two acres earmarked for a public park were occupied by hutment dwellers. The Adarsha Welfare Association filed a PIL seeking to restrain the Board from constructing a commercial complex in the designated Commercial Zone until the park land was…
ALEYAMMA MATHAI ALMEIDAversusSTATE OF GOA AND ORS.
2007 INSC 41913 April 2007Appeal(s) allowed
Mrs. Aleyamma Mathai Almeida, an Assistant Teacher appointed in 1965, sought promotion to Headmistress of St. Anthony's High School, Goa, when vacancies arose in 1981 and later. Each time the school appointed a junior candidate, and the Director of Education disapproved those selections, ordering the school to reconsid…
M/S NEELDEEP INVESTMENTS (P) LTD.versusTHE CUSTODIAN & ORS.
2008 INSC 35413 March 2008Disposed off
The Supreme Court heard an appeal under Section 10 of the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, filed by the Custodian on behalf of a notified party seeking recovery of money from Mis Neeldeep Investments Ltd. The Special Court had originally decreed a liability of Rs.1,42…
NAMDEOversusSTATE OF MAHARASHTRA
2007 INSC 28313 March 2007Dismissed
Namdeo, who had a long-standing dispute with his neighbour Ninaji over livestock, attacked Ninaji with an axe on the night of 25 October 2000, inflicting a fatal head wound. Ninaji’s son Sopan, who was present in the courtyard, witnessed the assault in electric light, chased the assailant and later gave testimony; a ne…
VIJAY SINGH GOND AND ORS.versusUNION OF INDIA AND ORS.
2007 INSC 28513 March 2007
The petitioners, belonging to ten communities in Uttar Pradesh that were reclassified from Scheduled Castes (SC) to Scheduled Tribes (ST) by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002, filed a writ petition under Article 32 seeking a stay of the Act and permission to contest the upcoming sta…
JAGRAJ SINGHversusBIRPAL KAUR
2007 INSC 13013 February 2007Dismissed
Jagraj Singh married Birpal Kaur in 1993; the wife later filed for divorce under Section 13 of the Hindu Marriage Act alleging desertion and cruelty. The trial court ruled it lacked territorial jurisdiction but nonetheless decided the merits, denying divorce. The High Court, invoking Section 23(2) of the Act, ordered b…
STATE OF DELHIversusJITTI
2007 INSC 104912 October 2007Disposed off
The accused, Jitti, was found in possession of 45 kg of poppy straw powder and was convicted under Section 18 of the NDNDPS Act, 1985, receiving a minimum sentence of ten years rigorous imprisonment. While his appeal was pending, Section 41 of the Act was amended in 2001, redefining the commercial quantity for poppy st…
STATE OF ANDHRA PRADESH AND ANR.versusM/S CONCAP CAPACITORS, BALANAGAR, HYDERABAD AND ORS.
2007 INSC 105012 October 2007Disposed off
The State of Andhra Pradesh (Revenue) appealed against a High Court order that allowed manufacturers, dealers and traders of capacitors to claim a concessional tax rate on the basis that capacitors are "electronic goods". The assessees relied on Government Orders 520 and 521 and a list prepared by the Electronic Commis…
KISHAN SINGH AND ANR.versusSTATE OF PUNJAB
2007 INSC 105112 October 2007Disposed off
Reeta Kumari married Manmohan Singh in February 1999 and was repeatedly harassed by her in‑laws for a scooter and a golden bangle as dowry. She died by consuming aluminium phosphide in June 1999 while pregnant. The trial court convicted the father‑in‑law (Kishan Singh) and mother‑in‑law (Bachni Rani) under Sections 304…
SIDHARTHA VASHISHT @ MANU SHARMAversusSTATE (NCT OF DELHI)
2008 INSC 63412 May 2008Disposed off
Manu Sharma was acquitted by the trial court of murder (IPC 302 r/w 201, 120B) and an Arms Act offence, but the Delhi High Court set aside the acquittal, convicted him and sentenced him to life imprisonment. While his appeal against the conviction was pending before the Supreme Court, he filed an application under Sect…
MAUSAMI MOITRA GANGULIversusJAYANT GANGULI
2008 INSC 63612 May 2008Dismissed
Mausami Moitra Ganguli and Jayant Ganguli were married in 1996 and had a son in 1998. The mother left the matrimonial home in 2001 due to alleged domestic violence, leaving the three‑year‑old child with the father. After a divorce decree in 2002, the mother filed a petition under Sections 10 and 25 of the Guardians and…
VEERU DEVGANversusSTATE OF TAMIL NADU & ANR.
2008 INSC 103111 September 2008Appeal(s) allowed
Veeru Devgan, a film producer, obtained permission to shoot a film in a reserve forest in Ooty and entered into an agreement with the District Forest Officer. The State later cancelled the licence alleging damage to grasslands, but the High Court set aside the cancellation, finding no breach or environmental harm. None…
SHAMSHAD AHMAD & ORS.versusTILAK RAJ BAJAJ (DECEASED) THROUGH LRS. & ORS.
2008 INSC 103211 September 2008Appeal(s) allowed
The landlords, owners of a shop in Dehradun, sought eviction of the tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to run a readymade garment business by the retired husband Matloob Ahmad and his daughter Kum Fara…
U.P. POWER CORPORATION LTD.versusAYODHYA PRASAD MISHRA AND ANR.
2008 INSC 103311 September 2008Dismissed
The writ petitioners, Ayodhya Prasad Mishra and another, were Executive Engineers who, after scoring the highest marks, were placed in Category I under the Uttar Pradesh State Electricity Board Service of Engineers Regulations, 1970, and sought promotion to Superintending Engineer. The Corporation refused to promote th…
ABDUL GAFUR AND ANR.versusSTATE OF UTTARAKHAND AND ORS.
2008 INSC 92111 August 2008Appeal(s) allowed
The State of Uttarakhand acquired land for a public road to a hospital under the Land Acquisition Act, 1894. The original owner later gifted part of the land to the appellants, who sued the hospital for a perpetual injunction to prevent it from erecting walls that would block the road. The trial court granted a tempora…
RAJENDRA CONSTRUCTION COMPANYversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS.
2005 INSC 35711 August 2005Case Partly allowed
Rajendra Construction Company (RCC) entered into construction contracts with Maharashtra Housing and Area Development Authority (MHADA) but was not paid. The dispute was referred to a sole arbitrator under the Arbitration Act, 1940, who awarded sums and interest at 18% per annum and the award was made a rule of court. …
RAJINDER SINGHversusSTATE OF JAMMU AND KASHMIR AND ORS.
2008 INSC 80811 July 2008Case Allowed
Makhan Singh, a displaced person, was allotted agricultural land in Jammu & Kashmir under Government Order No. 254 of 1965 and his ownership was entered in the Jamabandi of 1966‑67. After his death in 1981, the Tehsildar mutated the entry in favour of his two sons, Rajinder Singh and Daljit Singh. The daughters, Kuldip…
SHIVANAND GAURISHANKAR BASWANTIversusLAXMI VISHNU TEXTILE MILLS & ORS.
2008 INSC 80911 July 2008Dismissed
The appellant, a workman of Laxmi Vishnu Textile Mills, challenged a tripartite settlement and the sale of the mill’s assets to a purchaser, alleging that the settlement was illegal, that the sale violated a BIFR order under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and that the workers’ dues…
RAJASTHAN LALIT KALA ACADEMYversusRADHEY SHYAM
2008 INSC 81011 July 2008Case Partly allowed
The respondent, Radhey Shyam, was employed as a junior clerk by Rajasthan Lalit Kala Academy and was terminated in 1981 without complying with the notice and compensation requirements of Section 25‑F of the Industrial Disputes Act. He raised an industrial dispute; the Labour Court ordered his reinstatement with back‑wa…
M/S. DEEPAK AGRO FOODSversusSTATE OF RAJASTHAN AND ORS.
2008 INSC 81711 July 2008Dismissed
M/s Deepak Agro Foods, a dealer under the Rajasthan Sales Tax Act, challenged assessment orders for the years 1995-96 and 1996-97 on the ground that they were anti‑dated, passed after the limitation period and were therefore null and void. The Rajasthan High Court set aside those orders and remanded the matters for fre…
PUNJAB NATIONAL BANKversusSAHUJAIN CHARITABLE SOCIETY AND ORS.
2007 INSC 74511 July 2007Appeal(s) allowed
Punjab National Bank (PNB) held 66.94% of the shares in a co‑owned property and sought its partition. A preliminary decree in 1977 allotted the bank 83 of 124 shares and ordered a public auction of the property, but the auction was never carried out. After several fresh valuations and a confirmed sale to PNB on 24 June…
M/S. JAIN STUDIOS LTD. THROUGH. ITS PRESIDENTversusSHIN SATELLITE PUBLIC CO. LTD.
2006 INSC 41911 July 2006Rejected
Mis. Jain Studios Ltd filed a review petition under Article 137 of the Constitution against an order dated 31 January 2006 in which the Chief Justice of India, acting under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointed a sole arbitrator, Justice M.L. Pendse. The petitioner sought to have the or…
STATE OF U.P. AND ANR.versusNIDHI KHANNA AND ANR.
2007 INSC 56211 May 2007Appeal(s) allowed
The Uttar Pradesh Higher Education Services Commission advertised vacancies for lecturers (Advertisement No. 29) in 2000 and selected Nidhi Khanna, placing her at the top of the wait‑list. She claimed she never received the appointment letter for a college in Meerut and later sought appointment at C.M.P. Degree College…
MARIMUTHU & ORS.versusSTATE OF TAMIL NADU
2008 INSC 3911 January 2008Case Partly allowed
Seven persons were prosecuted for the murder of Chinnadurai, who had earlier testified against some of the accused. The trial court convicted all under Section 302 IPC. The Madras High Court acquitted three (Nos. 4, 6, 7) on the ground of benefit of doubt and upheld convictions of the remaining four (Nos. 1, 2, 3, 5) u…
KULWINDER KAUR @ KULWINDER GURCHARAN SINGHversusKANDI FRIENDS EDUCATION TRUST AND ORS.
2008 INSC 4011 January 2008Case Allowed
The Kandi Friends Education Trust filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking to transfer a civil suit from the Civil Judge, Ropar, to the Additional Civil Judge, Chandigarh. The High Court transferred the suit without recording any reasons, without considering the plaintiff's all…
LAXMAN PRASADversusPRODIGY ELECTRONICS LTD. AND ANR.
2007 INSC 125410 December 2007
Prodigy Electronics Ltd., a Hong Kong company, employed Laxman Prasad as its India marketing manager. After resigning, Prasad allegedly breached the employment contract by soliciting customers, using the company's trade name at a Delhi trade fair, and registering a similar domain name. Prodigy filed a suit in the Delhi…
KURIACHAN CHACKO & ORS.versusSTATE OF KERALA
2008 INSC 79510 July 2008Dismissed
The appellants, partners of a firm selling lotteries and magazines, floated a scheme promising investors a double return after the enrolment of 14 additional members. The police charged them under the Prize Chits & Money Circulation Scheme (Banning) Act, 1978 (sections 2(c), 3, 4, 5), the Reserve Bank of India Act, 193…
BACHAN SINGHversusUNION OF INDIA & ORS.
2008 INSC 80110 July 2008Dismissed
Bachan Singh, a Sepoy of the Indian Army, was tried by a General Court Martial (GCM) under the Army Act, 1950 for allegedly crossing the international border into Pakistan. The GCM found him guilty of an offence under Section 63, sentenced him to two years' imprisonment and dismissed him from service, and the sentence …
DEEP CHANDRA JUNEJAversusSMT. LAJWANTI KATHURIA (DEAD) THROUGH LRS.
2008 INSC 80210 July 2008Dismissed
The appellant, Deep Chandra Juneja, occupied the ground floor of a house in Kanpur owned by Smt. Lajwanti Kathuria since 1972. The landlady filed a second release application under Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for additional a…
ATMA LINGA REDDY AND ORS.versusUNION OF INDIA
2008 INSC 80510 July 2008Dismissed
The petitioners, residents of Andhra Pradesh, filed a public interest litigation under Article 32 seeking to restrain Karnataka and a private company from constructing a Mini Hydro Power Project at the Rajolibanda Diversion Scheme, alleging water deprivation for drinking and irrigation. The respondents argued that the …
NATIONAL COUNCIL FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.
2007 INSC 74110 July 2007Dismissed
The National Council for Civil Liberties (NCL) filed a public‑interest writ petition under Article 32 alleging that the Narmada Bachao Andolan (NBA) and its activists, including Medha Patkar and Rahul Banerjee, had received foreign funds and supplied arms and explosives to obstruct national dam projects. The petition s…
BIJA & ORSversusSTATE OF HARYANA
2008 INSC 3410 January 2008Case Partly allowed
The deceased Santro, after a forced second marriage (Karewa) arranged by the village Panchayat, was found dead in her in-laws' house. Medical evidence established that she died from asphyxia due to smothering, not from epilepsy or electrocution as the defence claimed. The trial court and High Court convicted all four a…
PURAN SINGHversusSTATE OF UTTARANCHAL
2008 INSC 3510 January 2008Case Allowed
Puran Singh was charged with murdering his brother Rajpal Singh by firing a licensed 12‑bore gun. The trial court acquitted him, citing benefit of doubt, but the High Court set aside the acquittal and convicted him under IPC s.302. On appeal to the Supreme Court, the appellant raised a new plea that the cartridge which…
GURDEV RAJversusTHE STATE OF PUNJAB
2007 INSC 10229 October 2007Case Partly allowed
Gurdev Raj was accused of striking his mother‑in‑law with an iron rod, causing her death. The victim's daughter‑in‑law (the accused's wife) and sister‑in‑law testified that a quarrel erupted and the accused inflicted the fatal blows. The FIR was lodged the next morning, and the trial court convicted the accused under S…
K.D. SHARMAversusSTEEL AUTHORITY OF INDIA LTD. & ORS.
2008 INSC 7869 July 2008Dismissed
The Supreme Court examined a civil appeal challenging the award of a contract by Steel Authority of India Ltd. (SAIL) under its fifth tender notice and the subsequent handling of a fourth tender notice. The appellant alleged fraud and that SAIL had acted against natural justice, claiming a settlement had been reached w…
FCS SOFTWARE SOLUTIONS LTD.versusLA MEDICAL DEVICES LTD. & ORS.
2008 INSC 7879 July 2008Case Partly allowed
The appellant, FCS Software Solutions Ltd., won the highest bid of Rs 1.47 crore for the immovable and movable assets of the liquidated company but the Official Liquidator failed to hand over possession despite the appellant’s full payment. The Official Liquidator later claimed a higher offer of Rs 1.55 crore and obtai…
LOK SEWA SHIKSHAN MANDALversusA.R. MUNDHADA CHARITABLE TRUST AND ORS.
2007 INSC 3899 April 2007Dismissed
Lok Seva Shikshan Mandal sought acquisition of two parcels of land for a school and a garden. The government proceeded under the Land Acquisition Act, 1894, but the first respondent challenged the acquisition of the garden parcel (Survey No. 187/3A) by filing a writ petition. The High Court held that the award was not …
YOGESH NARAIN SAXENAversusSTATE OF UTTARANCHAL
2007 INSC 2739 March 2007Dismissed
Yogesh Narain Saxena was convicted of murdering his neighbour's ten‑year‑old son, Sandeep, after the child's body was discovered in a tin box inside Saxena's quarter. The prosecution relied solely on circumstantial evidence, including the appellant's proximity to the victim, his presence in the quarter, the recovery of…
KAMLA PRASAD AND ORS.versusSRI KRISHNA KANT PATHAK AND ORS.
2007 INSC 1219 February 2007Appeal(s) allowed
Kamla Prasad filed a suit in a civil court seeking cancellation of sale deeds alleging they were executed under intoxication and that he was not the sole owner of the land, which was co‑shared with other parties whose names were not entered in the revenue records. The trial court held it had jurisdiction over abadi lan…
SHARADAMMAversusSPECIAL LAND ACQUISITION OFFICER AND ANR.
2007 INSC 1229 February 2007Appeal(s) allowed
The appellant, Sharadamma, widow of B.M. Venkataswamappa, owned land in Byappanahalli that was acquired for the expansion of the New Government Electric Factory. She claimed compensation of Rs 20 per square yard, but the Land Acquisition Officer initially awarded Rs 8,000 per acre; the Reference Court later enhanced it…
TAMIL NADU HOUSING BOARD & ORS.versusSEA SHORE APARTMENTS OWNERS WELFARE ASSOCIATION
2008 INSC 269 January 2008Case Allowed
The Tamil Nadu Housing Board (the Board) entered into agreements with allottees for flats constructed on land acquired by the State, stipulating that the final price would be fixed after the land acquisition compensation was determined. The Board later demanded additional amounts, citing increased plinth area, ground a…
S.K DUAversusSTATE OF HARYANA & ANR
2008 INSC 279 January 2008Case Partly allowed
The appellant, a former Engineer‑in‑Chief of Haryana Irrigation, retired in 1998 but received his retiral benefits only after a four‑year delay. He claimed interest at 18% on the delayed amounts, invoking administrative instructions, statutory rules and the constitutional guarantees of Articles 14, 19 and 21. The High …
VIRENDER NATH GAUTAMversusSATPAL SINGH AND ORS.
2006 INSC 9788 December 2006Appeal(s) allowed
The appellant, a defeated candidate in a Himachal Pradesh Legislative Assembly election, filed an election petition alleging several irregularities including votes cast by dead persons, double voting, voting in multiple constituencies, and double postal ballots, which he claimed materially affected the result. The High…
SHANTI LALversusSTATE OF M.P.
2007 INSC 10138 October 2007Disposed off
Shanti Lal was caught carrying 7 kg 60 g of contraband opium and was convicted under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.1 lakh, with an additional three years' imprisonment for default of fine;…
NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU
2008 INSC 9208 August 2008Case Allowed
The case concerned an application by the father, Abhijit Kundu, for custody of his six‑year‑old son Antariksh, while the child was in the care of his maternal grandparents who had lodged an FIR against the father under Sections 498A and 304 IPC for the alleged murder of the mother. The trial court and the Calcutta High…
HARYANA FINANCIAL CORPORATION & ANR.versusKAILASH CHANDRA AHUJA
2008 INSC 7798 July 2008Case Allowed
Kailash Chandra Ahuja, a technical officer of Haryana Financial Corporation, was dismissed after a disciplinary inquiry in which the Inquiry Officer’s report was not furnished to him before the disciplinary authority imposed the penalty. The High Court set aside the dismissal on the ground that non‑supply of the report…
RAMESH CHANDRA SANKLA ETC.versusVIKRAM CEMENT ETC.
2008 INSC 7808 July 2008Disposed off
JAYA BACHCHANversusUNION OF INDIA AND ORS.
2006 INSC 3028 May 2006Dismissed
Petitioner Jaya Bachchan, a Rajya Sabha member, was appointed Chairperson of the Uttar Pradesh Film Development Council with the rank of Cabinet Minister and a suite of benefits including honorarium, allowances, staff car, and accommodation. The Election Commission held that this post constituted an office of profit un…
SAYARABANO@ SULTANABEGUMversusSTATE OF MAHARASHTRA
2007 INSC 1168 February 2007Dismissed
The deceased, Halimabi, was married into the appellant's family and allegedly suffered chronic ill‑treatment by her mother‑in‑law and husband. On 13 August 1998, the mother‑in‑law is said to have poured kerosene from a lamp on the deceased, causing severe burns. The victim gave two dying declarations: the first, record…
HMT LTD. AND ANR.versusMUDAPPA AND ORS.
2007 INSC 1178 February 2007Disposed off
The owners of a 2‑acre‑37‑guntha land (respondents) obtained a decree for possession after the watch‑factory (HMT Ltd.) had unlawfully occupied an extra 39 gunthas beyond the 1‑acre‑38‑guntha acquired in 1978. While execution of the decree was pending, HMT Ltd. requested the Karnataka Government to issue a preliminary …
SAT NARAINversusSTATE OF HARYANA TH. MINISTRY OF HOME
2008 INSC 208 January 2008Dismissed
The dispute arose between Sat Narain and the complainant party over a family quarrel. On the night of 17 June 1999, Sat Narain and his accomplices blocked the complainant's jeep, attacked them and Sat Narain fired three shots from a licensed gun, killing Chhotu Ram and injuring his wife Sakeela; a second shot aimed at …
SUNIL PODDAR AND ORS.versusUNION BANK OF INDIA
2008 INSC 218 January 2008Dismissed
The appellants, former directors and guarantors of Adhunik Detergent Ltd., were joined as defendants in a civil suit filed by Union Bank of India for recovery of a loan. They appeared in the civil court, filed a written statement and raised preliminary objections, but the suit was later transferred to a Debt Recovery T…
STATE OF HARYANA & ORS.versusDINESH KUMAR
2008 INSC 228 January 2008Disposed off
The respondents applied for Constable‑Driver positions in the Haryana Police and answered "No" to the application queries whether they had ever been arrested or convicted. Verification later revealed that they had been arrested in connection with FIRs but were acquitted and released on bail without ever being taken int…
VINAY DEVANNA NAYAKversusRYOT SEVA SAHAKARI BANK LTD.
2007 INSC 12467 December 2007Appeal(s) allowed
The appellant, a member of Ryot Seva Sahakari Bank, obtained a loan and issued a cheque that was later dishonoured, leading the bank to prosecute him under Section 138 of the Negotiable Instruments Act. The trial court convicted him, sentencing him to six months' imprisonment and ordering compensation; the conviction w…
M/S. KRISHNA FOOD & BAKING INDUSTRY P. LTD.versusM/S. NEW INDIA ASSURANCE CO. LTD. & ANR.
2008 INSC 12667 November 2008Disposed off
Krishna Food & Baking Industry Ltd. and its sister concern operated bakery units in Srinagar that were destroyed by a terrorist fire in 1991. The companies had three insurance policies covering terrorism and fire and claimed full loss for building, plant, machinery, raw materials and stocks. The National Consumer Dispu…
HARDEEP SINGHversusSTATE OF PUNJAB & ORS.
2008 INSC 12717 November 2008Matter referred to larger bench
The case arose from a violent incident in Patiala where several persons were charged under the IPC and Arms Act. Two of the accused, Vijay Preet Singh and Jagtar Singh, were initially discharged based on a police inquiry report that they were falsely implicated. During trial, prosecution witnesses identified them as pa…
ESSCO FABS PVT. LTD. & ANR.versusSTATE OF HARYANA & ANR.
2008 INSC 12737 November 2008Disposed off
The State of Haryana re‑issued a preliminary notification under the Land Acquisition Act, 1894 in 2001 for a link‑road and invoked the urgency clause of Section 17, dispensing with the inquiry and hearing of objections under Section 5A before issuing a final notification under Section 6. Essco Fabs Pvt. Ltd. and a teac…
KENDRIYA KARAMCHARI SEHKARI GREH NIRMAN SAMITI LTD., NOIDAversusSTATE OF U.P.& ANR.
2008 INSC 12747 November 2008Case Partly allowed
The Uttar Pradesh government acquired land for the New Okhla Industrial Development Authority and awarded compensation under the Land Acquisition Act. Many landowners obtained enhanced compensation through a Reference Court under Section 18, but the Samiti, which could not make a reference, filed an application under S…
SACHIDA NAND LAL @ SACHIDA NAND SHAHversusSTATE OF BIHAR, (NOW JHARKHAND)
2008 INSC 12757 November 2008Appeal(s) allowed
The appellant, Sachioa Nano Lal (also known as Sachioa Nano Shah), challenged the compensation awarded in a land acquisition proceeding under the Land Acquisition Act, 1894. After a reference court fixed compensation, the appellant obtained a partial enhancement of the 'ka' category land from a Single Judge of the Patn…
KANPUR ELECTRICITY SUPPLY CO. LTD.versusSHAMIM MIRZA
2008 INSC 12777 November 2008Case Partly allowed
Kanpur Electricity Supply Co. Ltd. (appellant) terminated the services of two cashiers, Shamim Mirza and Manoj Srivastava, alleging they were employees of a contractor. The workmen claimed they were regular employees of the company and sought reinstatement with back wages under Sections 6N, 6P and 6Q of the Uttar Prade…
T. VENKATESWARULUversusEXECUTIVE OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS & ORS.
2008 INSC 12787 November 2008Dismissed
The appellant, a Draughtsman Grade‑I appointed in 1977, obtained a BE degree in 1983 and sought promotion to Assistant Executive Engineer on the same basis as graduate Supervisors, who were eligible for promotion under Government Orders of 1978 and 1981. The High Court Single Judge directed promotion from the date of h…
UNION OF INDIA & ORS.versusRAJPAL SINGH
2008 INSC 12797 November 2008Dismissed
The case concerned a Junior Commissioned Officer (JCO) who, after being placed in a permanent low medical category, was discharged from the Indian Army without the recommendation of an Invalidating Board. The respondent argued that under Army Rule 13(3)(i)(ii) a discharge on the ground of being "medically unfit for fur…
SUMAN KAPURversusSUDHIR KAPUR
2008 INSC 12817 November 2008Disposed off
The husband filed a petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging mental cruelty and desertion, which the trial court upheld on the ground of mental cruelty and the High Court confirmed. The wife appealed, contending that the alleged acts did not constitute mental cruelty and…
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…
COMMISSIONER, KARNATAKA HOUSING BOARDversusC.MUDDAIAH
2007 INSC 9007 September 2007Dismissed
C. Muddaiah, a former First Division Assistant of the Karnataka Housing Board, challenged the Board's seniority list and obtained a judgment from a Single Judge of the Karnataka High Court directing that his seniority be placed above respondents 2‑34 and that he be granted all consequential benefits. The Board appealed…
RAJ KUMAR@ RAJUversusSTATE OF UTTARANCHAL
2008 INSC 4617 April 2008Case Allowed
The case involved six accused charged with dacoity with murder under Sections 396 and 412 read with 1208 of the Indian Penal Code. The trial court convicted four of them under Section 396 and acquitted two, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether a conviction for dacoity can…
A.V. PAPAYYA SASTRY AND ORS.versusGOVERNMENT OF A.P. AND ORS.
2007 INSC 2467 March 2007Dismissed
The appellants, land owners, had declared under the Urban Land (Ceiling and Regulation) Act, 1976 that their land was not surplus because it was already in the possession of the Visakhapatnam Port Trust. The competent authority accepted this and declared them non‑surplus. Subsequent land‑acquisition proceedings were in…
UMESHversusSTATE OF MAHARASHTRA
2007 INSC 1117 February 2007Dismissed
Umesh was convicted under Section 302 IPC for the murder of Dilip Ganpatrao Shirbhate on 26 November 1997. The prosecution’s case rested on two eyewitnesses who saw Umesh stab the victim, forensic evidence showing the victim’s blood group on Umesh’s shirt, and the recovery of the alleged murder weapon at Umesh’s reside…
LAND ACQUISITION OFFICER, A.P.versusKAMANDANA RAMAKRISHNA RAO AND ANR.
2007 INSC 1127 February 2007Dismissed
The State of Andhra Pradesh acquired 385.46 acres of land for a reservoir project under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 1,026 per acre, which the claimants contested, leading the Reference Court to award Rs 6,000 per acre on a yield basis using a 20‑year…
M/S COMED CHEMICALS LTD.versusC.N. RAMCHAND
2008 INSC 12556 November 2008Appeal(s) allowed
M/s Com Ed Chemicals Ltd entered into a Memorandum of Understanding with Dr. C.N. Ramchand, appointing him as Director (Technical) of a subsidiary and granting him equity, salary and other benefits. The respondent resigned, the company rejected his resignation and invoked the arbitration clause in the MoU, seeking appo…
MANJUNATH GANESH HEGDE & ORS.versusSTATE OF KARNATAKA
2008 INSC 12465 November 2008Appeal(s) allowed
The appellants were charged with offences under Sections 341, 324, 326, 504, 506 read with Section 34 of the IPC for an assault that injured three witnesses. The trial court acquitted them, finding the prosecution evidence insufficient. The High Court, acting as the first appellate court, partially set aside the acquit…
DHARAM CHANDversusSTATE OF PUNJAB & ORS.
2008 INSC 12475 November 2008Case Partly allowed
The appellant, brother of the deceased Anju Devi, challenged the High Court's order that acquitted three accused who lived separately and released the husband on the ground that he had already served his sentence. The Supreme Court upheld the acquittal of the three accused, finding that the evidence did not prove their…
CARONA LTD.versusM/S PARATHY SWAMINATHAN & SONS
2007 INSC 10085 October 2007Dismissed
Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed a resolution to redu…
SOORARAM PRATAP REDDY & ORS.versusDISTRICT COLLECTOR, RANGA REDDY DISTT. & ORS.
2008 INSC 10175 September 2008Dismissed
The Government of Andhra Pradesh acquired a large tract of land in Hyderabad for an integrated infrastructure project, the Financial District, to be implemented by the state nodal agency APllC in partnership with a private company, Emaar. Small landowners challenged the acquisition, alleging it was not for a public pur…
FAKHRUDDIN AHMADversusSTATE OF UTTARANCHAL AND ANR.
2008 INSC 10185 September 2008Disposed off
The appellant, a poultry farmer, was accused by a complainant of forging a cheque and was charged under IPC sections 420, 467, 468 and 471. The complainant claimed the cheque was a blank cheque misplaced by a third party, while the appellant alleged the cheque was fraudulently used. The Judicial Magistrate, instead of …
STATE OF KERA LAversusB.RENJITH KUMAR & ORS.
2008 INSC 7435 June 2008Dismissed
The respondents, who were Presiding Officers of Kerala's Industrial Tribunals, had historically received pay scales equal to District Judges. After the 1998 Shetty Commission revised the pay of District Judges, the state granted the revised scales only to District Judges and not to the Tribunal officers, prompting the …
MAGHENDRA PAL TYAGIversusJAYANT DAVAR AND ORS.
2008 INSC 7445 June 2008Dismissed
The appellant, Maghendra Pal Tyagi, claimed loss of 200 shares of Hero Honda Company and obtained duplicate share certificates by misrepresenting that the originals were lost. He transferred these duplicate shares to the first respondent, Jayant Davar, who later sought recovery of the purchase price, asserting ownershi…
ASHOK KUMAR CHAUDHARY & ORS.versusSTATE OF BIHAR
2008 INSC 5815 May 2008Case Partly allowed
The appellants were convicted under IPC §§ 324, 307 and 34 for assaulting victims in a market. They challenged the convictions on the grounds that the prosecution relied on testimony of relatives of the victim, that no independent public witnesses were examined, that there was an inordinate delay in lodging the FIR, an…
MADHUBANversusSTATE OF U.P.
2008 INSC 5825 May 2008Case Allowed
The appellant was convicted of murder and related offences under Sections 302, 323, 394 read with Section 34 of the IPC for the killing of a father and son. The High Court affirmed the conviction but, according to the appellant, decided the appeal without hearing his counsel, who was unable to make oral submissions due…
TRIDIP KUMAR DINGAL & ORS.versusSTATE OF WEST BENGAL & ORS.
2008 INSC 12364 November 2008Case Partly allowed
The State of West Bengal conducted a recruitment for Medical Technologists by first holding a written examination as a screening test and then empaneling candidates solely on the basis of marks obtained in an oral interview. Unsuccessful candidates challenged this procedure, arguing that the written test marks should a…
DADANversusSTATE OF MADHYA PRADESH THROUGH SHO, PS SATNA (M.P.)
2008 INSC 12394 November 2008Dismissed
The appellant Dadan was convicted along with four others for murder, grievous hurt and rioting under Sections 302, 326 and 148 read with 149 of the Indian Penal Code, based on the testimony of four close relatives of the deceased. The High Court acquitted one co‑accused but upheld Dadan's conviction, prompting him to a…
RAJESH BURMANNversusMITUL CHATTERJEE (BURMAN)
2008 INSC 12404 November 2008Dismissed
The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical reimbursement. The Supreme Co…
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN AND ANR.versusUNION OF INDIA
2007 INSC 5184 May 2007Dismissed
The Supreme Court heard two interlocutory applications filed by Bhopal Gas Peedith Mahila Udyog Sangathan and Bhopal Gas Peedith Sangharsh Sahayog Samiti seeking a re‑examination of the 1989 settlement with Union Carbide, a five‑fold increase in the settlement fund, and directions for the Union of India to pay addition…
ANAND SHARADCHANDRA OKAversusUNIVERSITY OF MUMBAI & ORS.
2008 INSC 1334 February 2008Dismissed
The petitioner, a graduate of the University of Mumbai who also held an LL.M., filed a writ petition seeking inclusion of his name in the electoral roll for Senate elections, arguing that the term “Graduate of the University” under the Maharashtra Universities Act, 1994 should include persons who earned a postgraduate …
UNION OF LNDIA & ORS.versusDINESHAN K.K.
2008 INSC 34 January 2008Dismissed
The petitioners, Radio Mechanics of the Assam Rifles, claimed that they were denied parity in rank and pay with their counterparts in other central paramilitary forces, despite an admitted disparity and a Ministry of Home Affairs order to rationalise pay structures. The Union of India argued that pay fixation is an exe…
DHARAM PAL AND ORS.versusSTATE OF U.P.
2008 INSC 114 January 2008Dismissed
The appellants were convicted of murder under Section 302 read with Section 34 of the IPC for assaulting the deceased with lathis, causing fatal head injuries. On appeal, the High Court, assisted by a Government Advocate, re‑examined the record ex parte and altered the conviction to culpable homicide not amounting to m…
STATE OF U.P.versusPUNNI AND ORS.
2008 INSC 124 January 2008Dismissed
The State of Uttar Pradesh alleged that a gang of six persons assembled in a grove to commit dacoity and were arrested after a police operation that recovered unlicensed firearms. The trial court convicted them under IPC sections 399 and 402 and Section 27 of the Arms Act, relying on the testimony of two police witness…
STATE OF MADHYA PRADESHversusBABULAL
2007 INSC 12153 December 2007Appeal(s) allowed
The State of Madhya Pradesh prosecuted Babulal for raping a married woman in broad daylight, threatening her with a knife. The trial court convicted him under Section 376(1) IPC and sentenced him to seven years' rigorous imprisonment with a fine of Rs.2,500. The High Court reduced the sentence to the two months already…
C.R. PATILversusSTATE OF GUJARAT & ORS.
2008 INSC 11233 October 2008Case Partly allowed
The appellant, a director of a construction firm, had obtained a large loan from a bank that later went into liquidation. The bank filed a liquidation suit and criminal proceedings for default. The appellant was granted temporary bail with conditions, but the High Court later vacated the bail and re‑imprisoned him. The…
BABLOO PASIversusSTATE OF JHARKHAND & ANR.
2008 INSC 11243 October 2008Appeal(s) allowed
Rajesh Mahatha was arrested for offences under Sections 304B and 306 of the IPC and claimed to be a juvenile, seeking protection under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice Board, after obtaining a medical board opinion that his age was between 17‑18 years and noting a v…
UNION OF INDIAversusPADAM NARAIN AGGARWAL ETC
2008 INSC 11253 October 2008Case Partly allowed
The Union of India initiated customs proceedings against Padam Narain Agarwal and others for alleged export fraud, issuing summons under Section 108 of the Customs Act to record their statements. The respondents, refusing to cooperate, were later charged with offences under Sections 174 and 175 of the IPC, and they app…
STATE OF MAHARASHTRA & ORS.versusBHAURAO PUNJABRAO GAWANDE
2008 INSC 2893 March 2008Case Allowed
Bhaurao Punjabrao Gawande, a petroleum transporter, was alleged to have repeatedly engaged in black‑marketing of kerosene and faced several prosecutions under the Essential Commodities Act, 1955. The Commissioner of Police, acting under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodit…
M.V. JANARDHAN REDDYversusVIJAYA BANK & ANR.
2008 INSC 5722 May 2008Case Partly allowed
The appellant, M.V. Janardhan Reddy, purchased a property of a company in liquidation at a public auction. The sale was to be confirmed by the Company Court, but the Recovery Officer of the Debt Recovery Tribunal confirmed it without court approval. The Company Court later set aside the sale, a decision upheld by the H…
STATE OF U.P. & ANR.versusU.P. RAJYA KHANIJ VIKAS NIGAM S.S. & ORS.
2008 INSC 5732 May 2008Appeal(s) allowed
The Uttar Pradesh State Mineral Development Corporation decided to retrench about half of its workforce, prompting the employees' Samiti to file a writ petition under Article 226 seeking absorption in other government departments or public sector undertakings and compensation. The Allahabad High Court entertained the p…
ORIENTAL INSURANCE COMPANY LIMITEDversusMEENA VARIYAL AND ORS.
2007 INSC 3592 April 2007Appeal(s) allowed
Suresh Chandra Variyal, a regional manager, died in a motor accident while using a company car insured under the Motor Vehicles Act, 1988. His widow and daughter filed a claim under Section 166 against the employer and Oriental Insurance Company. The Motor Accidents Claims Tribunal held the employer liable but exonerat…
RASHIDA KAMALUDDIN SYED AND ANR.versusSHAIKH SAHEBLAL MARDAN (DEAD) THROUGH LRS. AND ANR.
2007 INSC 2422 March 2007Dismissed
The complainant Shaikh Saheblal Mardan filed a criminal complaint under IPC sections 406, 420 and 34 against his daughter Rashida Kamaluddin Syed and son‑in‑law Kamaluddin K. Syed for cheating and breach of trust. The complainant died in 1996 while the case was pending. His three sons applied for permission to continue…
MOHAN KUMAR RAYANAversusKOMAL MOHAN RAYANA
2007 INSC 11191 November 2007Disposed off
Mohan Kumar Rayana and Komal Mohan Rayana, a married couple, separated after the birth of their daughter Anisha. The mother obtained custody of the child from the Family Court, while the father was granted limited visitation rights. The Bombay High Court subsequently reduced the father's access, directed both parents t…
SURESH SINGH AND ANR.versusSTATE OF HARYANA
2007 INSC 9971 October 2007Disposed off
Six accused were tried for the murder of Sajjan Singh and injuries to two other persons. The trial court convicted all under Section 302 read with Section 149 IPC and sentenced them to life imprisonment along with other terms. The High Court altered the murder conviction to Section 304 Part II and, for five of the accu…
CENTRAL COALFIELDS LTD.versusSTATE OF JHARKHAND AND ORS.
2005 INSC 3971 September 2005Disposed off
Central Coalfields Ltd., a government company engaged in coal mining, was directed by the Certificate Officer to pay surface rent for coal‑bearing areas under the Bihar & Orissa Public Demands Recovery Act, 1914. The company contended that, pursuant to the Coal Bearing Areas (Acquisition and Development) Act, 1957, the…
MAHARAJ KRISHAN BHATT AND ANR.versusSTATE OF J & K AND ORS.
2008 INSC 8891 August 2008Appeal(s) allowed
The appellants, constables in the Jammu & Kashmir Police, sought appointment as Sub‑Inspectors under the 50% direct recruitment quota by invoking Regulation 174 of the Police Manual. One constable, Abdul Rashid Rather, had earlier obtained such appointment through a Single Judge’s order, which was affirmed by the High …