UNION OF INDIA AND ORS.versusPRADIP KUMAR DEY
2000 INSC 5129 November 2000Appeal(s) allowed
Pradip Kumar Dey, a Naik (Radio Operator) in the CRPF, filed a writ petition seeking a mandamus directing the Union of India to implement the CRPF's recommendation to the Fourth Pay Commission for a higher pay scale, invoking the principle of "equal pay for equal work". The Single Judge dismissed the petition for lack …
K.R. INDIRAversusDR. G. ADINARAYANA
2003 INSC 5369 October 2003Dismissed
The husband and wife (appellants) advanced loans to Dr. G. Adinarayana (respondent) who issued four cheques as repayment, two in each spouse's name. All cheques were returned unpaid and a single, consolidated notice demanding payment of the cheque amounts within 15 days was served on the respondent. The respondent did …
KRISHNA MOHAN KUL @ NANI CHARAN KUL AND ANR.versusPRATIMA MAITY AND ORS.
2003 INSC 4619 September 2003Dismissed
The appellants claimed possession of a property based on a registered deed of settlement allegedly executed by an elderly, paralytic executor on 11 July 1970. The respondents filed a suit for declaration and permanent injunction, alleging the executor was over 100 years old, physically and mentally unfit, and that the …
ASHISH BATHAMversusSTATE OF MADHYA PRADESH
2002 INSC 3699 September 2002Appeal(s) allowed
The appellant was convicted of murdering two sisters and committing house trespass under Sections 302 and 449 IPC based largely on circumstantial evidence, including alleged motive, sightings, and recovered items. He appealed, contending that the prosecution had not proved a continuous chain of circumstances, had suppr…
SYED T.A. NAQSHBANDI AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.
2003 INSC 2899 May 2003Dismissed
The petitioners, a group of judicial officers, filed a writ petition under Article 32 challenging the grant of selection grade and super‑time scale to certain respondents, alleging that senior officers were bypassed, the criteria were arbitrary, and the process violated Article 16 and the Shetty Commission recommendati…
STATE OF PUNJAB AND ORS.versusS.L. CHADHA
2004 INSC 919 February 2004Appeal(s) allowed
S.L. Chadha, a government employee who joined service in 1983, had his date of birth recorded as 19‑06‑1944. In 1995 he applied, under a 1994 notification, to change it to 13‑12‑1945, and the Deputy Commissioner’s enquiry supported his claim, but the State Government rejected it. The Punjab High Court, hearing a writ p…
THE SPECIAL DIRECTOR AND ANR.versusMOHD. GHULAM GHOUSE AND ANR.
2004 INSC 289 January 2004Appeal(s) allowed
Respondent No. I filed a writ petition in the Bombay High Court challenging a show‑cause notice issued by the Special Director of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 and the Foreign Exchange Management Act, 1999, and sought an interim injunction restraining further investigation.…
UNION OF INDIAversusKULDEEP SINGH
2003 INSC 6968 December 2003Appeal(s) allowed
Kuldeep Singh was found in possession of 880 litres of Acetic N‑hydride, a precursor for heroin, and was convicted under Sections 9A, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment. The Rajasthan High Court reduced the term to si…
UNION OF INDIAversusTARIT RANJAN DAS
2003 INSC 5298 October 2003Appeal(s) allowed
The respondent, a Stenographer Grade‑II in the Geological Survey of India, sought parity of pay with Stenographers Grade‑C of the Central Secretariat, invoking the principle of "equal pay for equal work". The Central Administrative Tribunal initially rejected the claim, but in a review order applied the equal‑pay doctr…
SMT. SHAKILA ABDUL GAFAR KHANversusVASANT RAGHUNATH DHOBLE AND ANR.
2003 INSC 4578 September 2003Dismissed
The petitioner's husband died after alleged police beating in custody; the petitioner filed a private complaint more than a year later alleging custodial violence by the accused police officer. The trial court convicted the accused, but the High Court acquitted him, finding the delay, lack of credible evidence, materia…
THE GOVERNMENT OF NCT OF DELHIversusJASPAL SINGH
2003 INSC 3778 August 2003Appeal(s) allowed
The Government of NCT of Delhi appealed the Delhi High Court’s acquittal of Jaspal Singh (A4) for offences under the Official Secrets Act, 1923 and Section 120B IPC. The Supreme Court held that the High Court had misapplied the law, especially the evidentiary value of a co‑accused’s confession and the statutory presump…
SURINDER SINGHversusTHE STATE OF PUNJAB
2003 INSC 3798 August 2003Appeal(s) allowed
The case concerned the murder of Santokh Singh, in which five accused, including the appellant Surinder Singh, were tried. The main accused, Darshan Singh, was a proclaimed offender and was tried separately, later being acquitted. The trial court had convicted Surinder Singh and another accused under Section 302 read w…
ARUNKUMAR AND ANR.versusSHRINIWAS AND ORS.
2003 INSC 2218 April 2003Appeal(s) allowed
Sitabai executed a will bequeathing her self‑acquired property to her husband, Ramachandra, for his lifetime and thereafter to three minor nephews. After the testator and her husband died, the husband's brother and his children took possession, and a compromise decree was obtained in an injunction suit, which the minor…
STATE OF U.PversusABHAI RAJ SINGH AND ANR.
2004 INSC 1428 March 2004Disposed off
The accused were convicted of murder under Section 302 read with Section 34 of the IPC. The trial court records were destroyed in a fire, and the High Court, after a long delay, concluded that reconstruction was impossible and ordered the acquittal of the accused. The Supreme Court held that the High Court erred by not…
HARI MOHAN MANDALversusSTATE OF JHARKHAND
2004 INSC 1438 March 2004Dismissed
Hari Mohan Mandal was convicted of offences under Sections 302 and 307 of the Indian Penal Code for a violent altercation that resulted in the death of Narayan Mandal and injuries to other witnesses. The appellant challenged the reliability of eyewitness testimony, argued that the injuries he inflicted were merely simp…
REEMA AGGARWALversusANUPAM AND ORS.
2004 INSC 258 January 2004Appeal(s) allowed
Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The trial court acquitt…
DR. R.N. RAJANNAversusSTATE OF KARNATAKA AND ANR.
2003 INSC 6187 November 2003Dismissed
Dr. R.N. Rajanna, a Karnataka state government employee, retired voluntarily while on deputation to a public sector undertaking and sought re‑fixation of his pension at 50% of his emoluments, relying on three Government Orders (1983, 1986, 1994). He contended that the deputation allowance should be included in the pens…
RAJ KISHORE JHAversusSTATE OF BIHAR AND ORS.
2003 INSC 5257 October 2003Appeal(s) allowed
The case concerns the murder of Nawal Kishore Jha on 9 April 1980, for which fifteen persons were originally charged. The trial court convicted several of them under sections of the IPC and the Arms Act, but the Patna High Court later acquitted all the convicted persons. The informant appealed, challenging the High Cou…
COMMISSIONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMN.), MADRAS AND ANR.versusVEDANTHA STHAPNA SABHA
2004 INSC 3727 May 2004Appeal(s) allowed
The Vedanta Sthapna Sabha, a society that constructed a temple with contributions from its members and the government, applied under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, seeking a declaration that it was the hereditary trustee of the temple. The Deputy Commissioner dismis…
ZAHIRA HABIBULLAH SHEIKH AND ANR. ETC.versusSTATE OF GUJARAT AND ORS. ETC.
2004 INSC 3737 May 2004
The State of Gujarat and an accused, Tulsibhai Bhikhabhai Tadvi, filed applications seeking modification of a Supreme Court judgment that ordered a fresh trial of the Zahira Habibullah Sheikh case outside Gujarat. They contended that such a transfer was unlawful, alleging lack of a specific prayer, violation of Section…
VIJAY KUMAR PRASADversusSTATE OF BIHAR AND ORS.
2004 INSC 2427 April 2004Appeal(s) allowed
The father filed a petition under Section 125 of the CrPC for maintenance against his son in the Siwan court. The son, who was practicing and residing in Patna, applied for transfer of the case, arguing that Siwan lacked jurisdiction because the maintenance respondent lived elsewhere. The High Court rejected the transf…
STATE OF PUNJABversusBHAG SINGH
2003 INSC 6926 December 2003Appeal(s) allowed
Bhag Singh was tried under Section 18 of the NDPS Act and acquitted by the trial court because the prosecution case rested solely on official witnesses and lacked an independent witness. The State of Punjab sought leave to appeal the acquittal under Section 378(3) of the CrPC, but the Punjab and Haryana High Court dism…
SUCHAND PALversusPHANI PAL AND ANR.
2003 INSC 6076 November 2003Dismissed
The appellant, Suchand Pal, appealed against the Calcutta High Court's acquittal of the accused Phani Pal for murder and related offences. The trial court had convicted Phani Pal based on the prosecution's claim that a gun was fired from a short range and on a dying declaration of the deceased, Bhanumati, which was rec…
INDRA BHAUN GAURversusCOMMITIEE, MANAGEMENT OF M.M. DEGREE COLLEGE AND ORS.
2003 INSC 6116 November 2003Disposed off
The appellant, a college principal, was accused of tampering with his son’s answer sheet in a university examination. The Managing Committee suspended him, issued a charge‑sheet and, after multiple adjournments, found him guilty and recommended dismissal, later changed to termination with the Vice‑Chancellor’s approval…
RAJESH D. DARBAR AND ORS.versusNARASINGRAO KRISHNAJI KULKARNI AND ORS.
2003 INSC 3726 August 2003Disposed off
The dispute concerned the eligibility of 38 persons listed in the electoral roll for the 1996 election of the managing committee of Vidya Vardhak Sangh, a society registered under the Societies Registration Act and the Bombay Public Trust Act. The appellants argued that the election was void because the 38 persons were…
N. SOMASHEKAR (DEAD) BY LRS.versusSTATE OF KARNATAKA
2004 INSC 3616 May 2004Disposed off
The accused, a senior police officer, was alleged to have assaulted and caused the death of a man in a hotel swimming pool. The trial court acquitted him, finding the medical evidence and witness testimony insufficient, while the Karnataka High Court set aside the acquittal, convicted him under Sections 302, 304(II), 2…
STATE OF ORISSAversusRAJENDRA TRIPATHY AND ORS.
2004 INSC 3626 May 2004Appeal(s) allowed
The State of Orissa prosecuted Rajendra Tripathy and others for unlawful possession of heroin under Sections 18 and 21 of the NDPS Act. The trial court convicted them, but the Orissa High Court acquitted on the grounds that the seizure memo contained a corrected name and that the prosecution failed to explain the safe …
VILAS PANDURANG PATILversusSTATE OF MAHARASHTRA
2004 INSC 3636 May 2004Dismissed
V.P. Patil was accused of murdering his first wife Suman. The prosecution relied on motive, the accused's suspicious conduct, extra‑judicial confessions to two witnesses, blood‑stained articles, the mangalsutra and blood found in the accused's nail clippings, and a medical report indicating death by sub‑dural hematoma.…
GUBBALA VENUGOPALASWAMY AND ORS.versusSTATE OF ANDHRA PRADESH
2004 INSC 2386 April 2004Disposed off
The appellants were convicted of murder (IPC 302) and related offences (IPC 326, 324) based largely on the testimony of a single eye‑witness (PW‑1) whose evidence was held by the trial and high courts to be not wholly reliable, while two other eye‑witnesses turned hostile. The appellants challenged the convictions, arg…
KUNJAN NAIR SIVARAMAN NAIRversusNARAYANAN NAIR AND ORS.
2004 INSC 906 February 2004Case Partly allowed
The legal heirs (respondents) sued the appellant for declaration of title and possession of certain land; an earlier suit had only sought title and injunction. The appellant later filed a suit for recovery of possession and mesne profits, claiming he was a cultivating tenant and seeking compensation for improvements un…
GOVT. OF A.P. AND ORS.versusM.T. KHAN
2003 INSC 6915 December 2003Appeal(s) allowed
The Government of Andhra Pradesh issued a Government Order granting remission of sentences to certain categories of prisoners, expressly excluding those convicted by courts of other States but serving their sentences in Andhra Pradesh. Two convicts, S. Appala Swamy (convicted in Madhya Pradesh) and Rajender (convicted …
KASHI NATH (DEAD) THROUGH LRS.versusJAGANATH
2003 INSC 6055 November 2003Dismissed
Kashi Nath claimed to be the adopted son of the temple pujari Bala Bux, seeking exclusive rights to manage the Thakurji Shri Gopalji temple, perform sevapuja and receive offerings. The respondents contested his claim, arguing that no valid adoption existed. The trial court, the first appellate court, and the Rajasthan …
BIHAR STATE HOUSING BOARDversusSTATE OF BIHAR AND.ORS.
2003 INSC 4545 September 2003Appeal(s) allowed
The Bihar State Housing Board acquired land under the Land Acquisition Act, 1894. A preliminary notification was published in the Gazette on 16‑Mar‑1989, in two newspapers on 29‑Apr‑1989 and locally on 20‑Mar‑1989. The declaration of acquisition was published in the Gazette on 1‑Feb‑1990, in two newspapers on 27‑Feb‑19…
SURINDER SINGH AND ANR.versusSTATE OF U.P.
2003 INSC 4555 September 2003Dismissed
The appellants were convicted of murder under IPC s.302 read with s.34 for the killing of Hamam Singh. The trial court had acquitted them, relying on the alleged unreliability of witnesses who were relatives of the deceased, the absence of independent shop‑keeper witnesses, a site‑plan omission, and a perceived conflic…
STATE (GOVT. OF NCT OF DELHI)versusPREM RAJ
2003 INSC 3675 August 2003Appeal(s) allowed
Prem Raj was convicted under the Prevention of Corruption Act, 1988 and sentenced to two years of rigorous imprisonment with a fine of Rs.500, and an additional three years of rigorous imprisonment with a fine of Rs.1,000, to run concurrently. He appealed to the Delhi High Court seeking a reduction in the term of impri…
STATE OF HARYANA AND ANR.versusJASBIR KAUR AND ORS.
2003 INSC 3685 August 2003Appeal(s) allowed
The deceased, an agriculturist, died in a motor accident and his widow and minor son claimed compensation of Rs 10 lakhs under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 6.5 lakhs based on an assumed monthly income of Rs 4,500, which the State of Haryana challenged for la…
UNION OF INDIA AND ORS.versusVIDYA BAGARIA
2004 INSC 3595 May 2004Appeal(s) allowed
A detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was issued against Ratan Bagaria. Before the order could be served, his wife Vidya Bagaria filed a habeas corpus petition under Article 226 challenging the order. The Punjab and Harya…
ANJUMAN KHADDAMUL HUJJAI, ETC. ETC.versusUNION OF INDIA AND ANR. ETC. ETC.
2000 INSC 2985 May 2000Directions issued
The Supreme Court examined the applicability of the Haj Committee Act, 1959 after pilgrim travel shifted from sea to air in 1993, rendering the ex‑officio members listed in Section 4(1)(a)‑(f) practically redundant. The petitioners sought direction to replace these members, arguing the Act had become obsolete, while th…
HASANBHAI VALIBHAI QUERESHIversusSTATE OF GUJARAT AND ORS.
2004 INSC 2355 April 2004Disposed off
The appellant, Hasanbai Valibhai Qureshi, filed a writ petition alleging that the FIR in a communal clash originally listed offences under Sections 395 and 120‑B IPC, but these were later deleted by the police, enabling the accused to obtain bail. He claimed the investigating agency was biased, influenced by a local ML…
MAIN PAL AND ANR.versusSTATE OF HARYANA AND ORS.
2004 INSC 2365 April 2004Dismissed
The accused Main Pal and others were charged with murder of Hans Raj and offences under the Arms Act. The prosecution relied on eye‑witnesses PW‑1 (Ram Sarup) and PW‑2 (Devi Lal), who were relatives of the deceased, and on firearms recovered at the behest of the accused. The trial court acquitted, holding that motive w…
NARAIN SINGH AND ANR.versusSTATE OF HARYANA
2004 INSC 875 February 2004Appeal(s) allowed
Four accused abducted the deceased, who later died en route to the hospital. The prosecution relied solely on a statement recorded under Section 161 CrPC, treated as a dying declaration, to secure convictions. The trial court convicted all four; the High Court acquitted two on the ground that the dying declaration was …
ANTER SINGHversusSTATE OF RAJASTHAN
2004 INSC 885 February 2004Appeal(s) allowed
Anter Singh was convicted for the murder of Hansraj based largely on a pistol and empty cartridges recovered after he, while in police custody, disclosed their location. The prosecution relied on Section 27 of the Indian Evidence Act to admit the recovered items, asserting they were the murder weapon. On appeal, the Su…
MANGILALversusSTATE OF MADHYA PRADESH
2004 INSC 65 January 2004Case Partly allowed
Mangilal was convicted of murder and other offences and sentenced to life imprisonment. The Madhya Pradesh High Court, exercising its revisional powers, ordered him and the other accused to pay Rs.30,000 as compensation under Section 357(3) and (4) of the Cr.P.C. without hearing them on the quantum of compensation. The…
RESERVE BANK OF INDIA AND ANR.versusCECIL DENNIS SOLOMON AND ANR.
2003 INSC 6884 December 2003Appeal(s) allowed
The respondents, who were employees of the Reserve Bank of India, resigned in 1988 before the RBI Pension Regulations, 1990 came into force. The Pension Regulations, particularly Regulation 18, state that resignation results in forfeiture of service and disqualification for pension. The High Court held that Regulation …
STATE (UNION OF INDIA)versusRAM SARAN
2003 INSC 6894 December 2003Appeal(s) allowed
The respondent, Constable Ram Saran of the CRPF, was convicted by an Assistant Commandant exercising the powers of a Judicial Magistrate under Section 10(m) of the Central Reserve Police Force Act for unauthorised absence and sentenced to three months' imprisonment. The Sessions Court and the Himachal Pradesh High Cour…
STATE OF ORISSAversusKANDURI SAHOO
2003 INSC 6904 December 2003Appeal(s) allowed
On 13 May 1994, Excise officials seized about 12 kg of cannabis from the accused and sent a 50‑gram sample for chemical analysis four days later. The trial court convicted the accused under Section 20(b)(i) of the NDPS Act, but the Orissa High Court acquitted him, holding that the prosecution failed to explain the cust…
BANTI @ GUDDUversusSTATE OF MADHYA PRADESH
2003 INSC 5984 November 2003Dismissed
Banti (Guddu) and Teekaram were convicted for the murder of Pravin Pathak under IPC s.302 r/w s.34. The prosecution relied on two eye‑witnesses, PW‑I (the deceased’s brother) and PW‑II (a friend), who identified the accused. The defence presented DW‑1, who initially corroborated the eye‑witnesses but later recanted, cl…
CHARANJIT KAUR (DEAD) THR. PROPOSED LRS.versusUNION OF INDIA AND ORS.
2003 INSC 2194 April 2003Appeal(s) allowed
The case concerned appeals arising from a land acquisition proceeding under the Land Acquisition Act, 1894, where the claimants sought compensation and the Union of India contested the percentage of deduction for development costs. The High Court had segregated the appeals of the land owners from those of the acquiring…
MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusSTATE OF MAHARASHTRA AND ORS.
2003 INSC 1374 March 2003Dismissed
The Maharashtra State Road Transport Corporation initiated land acquisition under the Maharashtra Regional Town Planning Act (MRTP Act) and the Land Acquisition Act. After the acquisition, the Central Act 68 of 1984 amended the Land Acquisition Act, adding benefits such as interest on compensation and increased solatiu…
STATE OF ORISSAversusDHANIRAM LUHAR
2004 INSC 784 February 2004Appeal(s) allowed
The State of Orissa prosecuted Dhaniram Luhar for encroaching about five acres of reserved forest land under Section 27(1)(a) of the Orissa Forest Act, 1972. Although the accused admitted the encroachment in his statement under Section 313 of the Code of Criminal Procedure, the trial court acquitted him on the ground t…
GIRIJA SHANKARversusSTATE OF U.P.
2004 INSC 794 February 2004Case Partly allowed
The appellant, Giri Ja Shankar, was convicted along with three others for murder (Sec. 302), assault (Sec. 307) and snatching (Sec. 394) IPC, each conviction read with Sec. 34. The trial court and the High Court held that the accused shared a common intention, despite the fact that the fatal shot was fired by another a…
NARAINversusSTATE OF MADHYA PRADESH
2004 INSC 804 February 2004Appeal(s) allowed
Eight persons, including Narain Singh, were tried for offences under various sections of the IPC for the death of Makhan and injuries to others. The prosecution's case relied on inconsistent statements from an informant, a disputed dying declaration, and eye‑witnesses who gave varying accounts of the incident's locatio…
SAIKOU JABBIversusSTATE OF MAHARASHTRA
2003 INSC 6873 December 2003Dismissed
Saikou Jabi, a Gambian national, was intercepted at Bombay airport with approximately 1 kg of heroin concealed in a suitcase. The baggage was screened on an X‑ray machine and the contraband was recovered from the suitcase, not from a personal search of Jabi. He was charged under Sections 21, 23, 28 and 29 of the NDPS A…
THE STATE OF TRIPURA AND ANR.versusROOPCHAND DAS AND ORS.
2002 INSC 5093 December 2002Dismissed
The petitioners, landowners, sought redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, filing applications after a later award by the Reference Court. The Land Acquisition Collector rejected the petitions, holding that the three‑month limitation period must be computed from the earlie…
AJAY KUMAR BHUYAN AND ORS.versusSTATE OF ORISSA AND ORS.
2002 INSC 5113 December 2002Dismissed
The case concerned appointments of junior assistants in the office of the Director General/Inspector General of Police in Orissa made between 1981 and 1985 under the Orissa Police Manual, 1940. After the Orissa Ministerial Service Rules of 1975 and the statutory rules of 1988 came into force, the State Government grant…
UNION OF INDIA AND ORS.versusJAIPAL SINGH
2003 INSC 5923 November 2003Appeal(s) allowed
The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages for the period of dism…
RAM UDGAR SINGHversusSTATE OF BJHAR
2003 INSC 5933 November 2003Dismissed
The appellant, Ram Udgar Singh, was convicted under Section 302 IPC and Sections 25A and 27 of the Arms Act for the murder of a political rival. The conviction was based on the testimony of four eyewitnesses, while eight co‑accused were acquitted on the same evidence. The appellant challenged the conviction, arguing th…
STATE OF HARYANA AND ANR.versusANKUR GUPTA
2003 INSC 4483 September 2003Appeal(s) allowed
The father of Ankur Gupta died while in government service. Under the compassionate appointment scheme, which was modified on 22‑August‑1996 to bar dependants whose other parent was in government service and to limit family income to Rs 2,500 per month, Gupta was appointed as a clerk despite his mother’s government emp…
SOU. VIJAYA @ BABYversusSTATE OF MAHARASHTRA
2003 INSC 4493 September 2003Appeal(s) allowed
Vijaya and her brother were charged for the murder of the brother's wife, who was burnt to death. While the brother was convicted of murder under Section 302 IPC, Vijaya was acquitted of that charge but convicted under Section 201 IPC for allegedly causing disappearance of evidence and giving false information. On appe…
M/S. AHUJA INDUSTRIES LTD.versusSTATE OF KARNATAKA AND ORS.
2003 INSC 2123 April 2003Dismissed
Ahuja Industries Ltd purchased a parcel of land but its title was not entered in the revenue records. The Karnataka government acquired the land for industrial development under the Karnataka Industrial Areas Development Act, 1966, issuing a preliminary notification under Section 28(1) on 3 Oct 1997 and gazetting it on…
STATE OF U.P.versusVIRENDRA PRASAD
2004 INSC 743 February 2004Appeal(s) allowed
The police raided the house of a gambling den where Virendra Prasad and his father Ram Prasad were present. When the police attempted to seize a rifle, Virendra snatched it from his father and fired seven rounds at the police party, killing ASI Gokaran Nath Pandey and injuring two constables. The trial court convicted …
PRAKASHversusSTATE OF HARYANA
2003 INSC 6852 December 2003Dismissed
The appellant, Prakash, was charged along with another accused for kidnapping and attempted rape of a 5½‑year‑old girl. The victim’s grandmother (PW‑5) witnessed the incident and testified that she heard the child’s cries and found the child naked in the accused’s house. The trial court convicted the appellant under Se…
PRABHA SHANKAR DUBEYversusSTATE OF MADHYA PRADESH
2003 INSC 6862 December 2003Dismissed
The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of opium and conviction un…
KAILASH KUMAR SANWATIAversusSTATE OF BIHAR AND ANR.
2003 INSC 4452 September 2003Dismissed
The appellant deposited Rs 1,50,200 with a bank to obtain demand drafts, handing the cash to the Head Cashier and a cash peon for counting. The money later went missing from the bank's cash counter, and the officials were charged under Section 409 read with Section 34 of the IPC. The trial court convicted the Head Cash…
NATIONAL INSURANCE CO. LTD.versusAJIT KUMAR AND ORS.
2003 INSC 4462 September 2003Appeal(s) allowed
The insurer, National Insurance Co., appealed against a tribunal and High Court order that held it liable to pay compensation under the Motor Vehicles Act, 1988 for the death of a person travelling as a passenger in a goods carriage. The Supreme Court examined whether the Act imposes a statutory duty on vehicle owners …
M.A. MURTHYversusSTATE OF KARNATAKA AND ORS.
2003 INSC 4472 September 2003Appeal(s) allowed
The Karnataka State Financial Corporation advertised two manager posts in 1995, specifying that age and qualifications be measured as of 31 July 1995 and that applications be received by 29 July 1995. The appellant and two respondents applied; the respondents were not qualified on the last date of submission but were a…
MADAN SINGHversusSTATE OF BIHAR
2004 INSC 2232 April 2004Dismissed
The case concerns an appeal by Madan Singh and others against their conviction for murder, attempted murder, assault, robbery and offences under the Arms Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA). The police raided a house where about 20‑25 persons were assembled; a gunfight ensued, result…
MUNICIPAL CORPORATION OF GREATER BOMBAYversusBHARAT PETROLEUM CORPORATION LTD.
2002 INSC 1752 April 2002Appeal(s) allowed
The Municipal Corporation of Greater Bombay instituted criminal proceedings against Bharat Petroleum for erecting signboards displaying the Shell trademark at its petrol pumps without obtaining permission under the Mumbai Municipal Corporation Act, 1888. The corporation relied on Sections 328, 328A and 471, alleging th…
BHANWAROO KHAN AND ORS.versusUNION OF INDIA AND ORS.
2002 INSC 1762 April 2002Dismissed
Bhanwaroo Khan and his wife, who migrated to Pakistan after Partition and obtained Pakistani passports, entered India in 1955 on a visa, later failed to return and lived underground. In 1984 they applied for Indian citizenship, but the Government of India, invoking Section 9(2) of the Citizenship Act, 1955 and Rule 3 o…
SUKHDEV SINGHversusDELHI STATE (GOVT. OF NCT OF DELHI)
2003 INSC 4401 September 2003Case Partly allowed
Sukhdev Singh, a personal security officer, got into a quarrel with Devender Singh over a parked scooter. During the scuffle he drew his pistol and fired, killing Singh and injuring a passer‑by. He claimed the pistol was snatched and the discharge accidental. The trial court convicted him of murder (Sec. 302 IPC) and a…
GOLAKONDA VENKATESWARA RAOversusSTATE OF ANDHRA PRADESH
2003 INSC 3631 August 2003Dismissed
The appellant, G. V. Rao, was convicted of murder under Section 302 IPC based solely on circumstantial evidence, including the identification of the deceased’s skeletal remains, a witness who last saw the victim with the accused, the accused’s extra‑judicial confession, and the recovery of clothing and other items purs…
HARIJANA THIRUPALA AND ORS.versusPUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD
2002 INSC 3201 August 2002Appeal(s) allowed
The appellants were charged with murder of a man who refused to sell his property. The trial court acquitted them, finding that the prosecution failed to prove motive, that the eyewitnesses were unreliable and that there was no evidence of common intention. The High Court reversed the acquittal, convicting the accused …
TORAN SINGHversusSTATE OF MADHYA PRADESH
2002 INSC 3211 August 2002Appeal(s) allowed
The appellant was convicted for murder under Section 302 IPC based on the testimony of the deceased's son, who claimed the appellant killed his father with an axe over a marital dispute. The trial court and the Madhya Pradesh High Court upheld the conviction despite serious inconsistencies, lack of corroboration, and t…
PRITAM NATH AND ORS.versusSTATE OF PUNJAB
2002 INSC 3221 August 2002Appeal(s) allowed
The appellants were charged with murder under Sections 302 and 34 of the IPC for allegedly tying a woman to a tree and beating her with heated weapons. The Sessions Court acquitted them, finding the sole eye‑witness, the husband of the deceased, unreliable due to contradictions, omissions and lack of corroboration. The…
P. VARADARAJULUversusAGRICULTURAL PRODUCE MARKET COMMITTEE
2004 INSC 2201 April 2004Leave Granted & Allowed
The appellant, P. Varadarajulu, sued the Agricultural Produce Market Committee for renewal of his licence and allotment of a vacant site in the market yard as specified in the decree. The decree ordered the committee to allot the site between plot numbers 10‑C and 11/2, but the committee contended that execution was im…
THE GENERAL MANAGER, DEPARTMENT OF TELECOMMUNICATIONS, THIRUVANANTHAPURAMversusJACOB, S/O KOCHUVARKEY KALLIATH (DEAD) BY LRS. AND ORS.
2003 INSC 2001 April 2003Appeal(s) allowed
The Department of Telecommunications initiated land acquisition proceedings in 1984, but due to multiple court stays and interim orders, the final award was only passed on 27 August 1993. The issue before the Supreme Court was whether the acquisition proceedings had lapsed under Section 11‑A of the Land Acquisition Act…
ARM GROUP ENTERPRISES LTD.versusWALDORF RESTAURANT AND ORS.
2003 INSC 2011 April 2003Appeal(s) allowed
The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The restaurant Waldorf, initiall…