K S RADHAKRISHNAN

The Supreme Court dismissed a writ petition filed by Subrata Roy Sahara challenging an order dated 4.3.2014 directing his arrest and detention for non-compliance of earlier orders to refund money collected through Optionally Fully Convertible Debentures (OFCDs). The Court held that the two Sahara companies flouted orde…

The Supreme Court examined the legality of the Kudankulam Nuclear Power Project (KKNPP) amid public opposition, focusing on whether the plant complied with environmental, coastal‑zone, and safety regulations. It held that the project was undertaken under the national nuclear policy reflected in the Atomic Energy Act, 1…

The appellants, who had been working as auctioneers on a commission basis in the Kaithal Market Committee since 1963‑64, were terminated in 2000 after the Chief Administrator of the Haryana State Agricultural Board reiterated a 1982 directive that auctioneers should not work beyond the age of 60. They challenged the re…

The State of Kerala challenged a Kerala High Court order that directed the Secretary of the General Education Department to verify the actual strength of students in all aided schools through police assistance, after a school was found to have obtained staff fixation orders through bogus admissions. The High Court had …

A partition suit filed by the father of the appellants was dismissed by the trial court for procedural defects. The appellants filed title appeals, but while the appeals were pending the State issued a notification under Section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 bringing…

Vijay Singh Sengar filed a public interest writ petition alleging that power cuts in Madhya Pradesh were endangering patients in government hospitals and disrupting street lighting. The Madhya Pradesh High Court issued interim orders directing the State Electricity Board to provide round‑the‑clock electricity to hospit…

Two traffic police officers intercepted a lorry on 4 January 1994, demanded Rs 100 to return the vehicle's documents and to refrain from filing a traffic case. The driver complained, a trap was set, and the co‑accused accepted the bribe, which was later recovered. Both were convicted under Sections 7 and 13(1)(d) read …

The Supreme Court examined two appeals concerning the jurisdiction of Special Judges appointed under the Prevention of Corruption Act, 1988 (PC Act). In the first appeal, a public servant died after the Special Judge had framed charges under the PC Act and IPC against him and several private persons. The Court held tha…

The respondents were appointed as ad‑hoc Assistant Professors/Lecturers under section 3(3) of the Rajasthan Universities' Teachers and Officers (Selection for Appointment) Act, 1974, with their services renewed annually for more than two decades. After the University Pension Regulations, 1990 came into force, they opte…

The appellants, heirs of a plot of land in Borivali, challenged the reservation of their land for a municipal office under a Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the scheme was finalized, an arbitrator determined compensation, which was paid, and the…

The appellants were convicted under Sections 147 and 327/149 of the IPC and sentenced to three months and three years rigorous imprisonment respectively. In the High Court appeal they did not contest the conviction but sought a reduced sentence, which the High Court partially granted by lowering the term for the Sectio…

The respondent, a physically handicapped employee of BSNL, had opted for the Telecom Operating Assistant (TOA) cadre after a 1992 restructuring and later applied for promotion under the physically handicapped reservation quota. His claim was rejected, and the Chief Commissioner, exercising powers under Section 59 of th…

The Tribal Mission established an unaided English‑medium school in Kerala in 2001 and applied for state recognition in 2003. The Government, relying on its 2007 policy and the Kerala Education Rules (KER) 1959, rejected the application, noting that three recognized schools existed nearby and that granting recognition c…

Smt. Khazani obtained a loan from Gurgaon Gramin Bank to purchase a buffalo and insured the animal for Rs.15,000 with New India Assurance. After the buffalo died, the bank failed to process her insurance claim, prompting her to file a complaint before the District Consumer Disputes Redressal Forum, which ordered the in…

The Supreme Court examined whether a High Court could, while refusing anticipatory bail under Section 438 of the Code of Criminal Procedure, direct that the accused would be released on bail by a magistrate upon surrender. The Court held that such a blanket direction is beyond the statutory mandate of Section 438, viol…

Vinod Kumar, already married, entered into a relationship with a 20‑year‑old college student (PW2) and they signed a "marriage agreement" on 19 April 2000, which was not a legal marriage. The prosecution alleged that Kumar deceived PW2 about his marital status and thereby committed rape under Section 376 IPC. The trial…

The appellant, a husband, was charged with murdering his wife by smothering her in their rented house. Medical evidence established death by asphyxia, not suicide or rape. The prosecution relied on circumstantial evidence: the wife was found dead in a locked room, the husband was present in the house the previous night…

The appellant, Khachar Dipu, was accused of dashing his motor vehicle into the deceased's bicycle, throwing him off, tying him to the vehicle and dragging the body for several kilometres, resulting in fatal injuries. The trial court convicted him under Section 304 Part I IPC, sentencing him to five years' rigorous impr…

The workmen of Bajaj Auto Ltd. alleged that the company repeatedly employed them on temporary contracts for seven months each year from 1990 to 1999, terminating them before they could acquire permanent status, thereby violating Item 6 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfai…

The Central Bureau of Investigation (CBI) sought to add charges of murder and other offences against Karimullah Osan Khan, an accused in the 1993 Bombay bomb blasts, under Section 216 of the Code of Criminal Procedure (CrPC). The Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) rej…

In 1997 a group of 30‑35 extremists set fire to houses in Jarulbachai village, Tripura, killing 15 people and injuring several others. Ashok (Achak) Debbarma was charged under IPC sections 326, 436 and 302 read with section 34 and under section 27(3) of the Arms Act; the latter charge was later set aside as unconstitut…

The Voluntary Health Association of Punjab filed a writ petition seeking effective implementation of the Pre‑Conception and Pre‑Natal Diagnostic Techniques (Prohibition of Sex‑Selection) Act, 1994, alleging that many states had failed to enforce its provisions and that sex‑selective abortions continued unabated. The Co…

Cine Exhibition Pvt. Ltd. filed Interlocutory Applications No.5 and 6 under Order XVIII Rule 5 seeking clarification or modification of a Supreme Court judgment dated 11 January 2012. The applications aimed to alter specific paragraphs, obtain official records, and modify operative directions concerning the Gwalior Dev…

The National Bank of Oman filed a private complaint in the Court of the Chief Judicial Magistrate (CJM), Ahmednagar, alleging that Barakara Abdul Aziz cheated the bank of AED 43,15,000. The CJM issued process under IPC sections 418 and 420 without first conducting an enquiry or ordering an investigation as required by …

In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging non‑compliance with Or…

The Supreme Court dealt with the sale of immovable property of Jay Electric Wire Corporation Ltd., a company under liquidation, which had been sold to the appellants for Rs. 2.50 crore in 2006. Secured creditors and the workmen's union challenged the sale, alleging procedural irregularities, unfair price, and the limit…

The Environment & Consumer Protection Foundation filed a writ petition under Article 32 seeking directions to improve basic infrastructure in government, aided and locally‑run schools so that the right to free and compulsory education under Article 21A could be realised. While the petition was pending, Parliament enact…

The appellants were officers of Canara Bank who resigned between 1986 and June 1993, i.e., before the statutory settlement dated 29‑Oct‑1993 and the Canara Bank Employees' Pension Regulations, 1995 came into force. They claimed entitlement to a pension in lieu of the Contributory Providable Fund, relying on the pension…

The petitioner filed an RTI application seeking the third respondent's service records, disciplinary memos, and details of his assets and gifts, most of which were contained in his income‑tax returns. The Central Information Commissioner (CIC) held that the requested information fell within the definition of "personal …

Jodhbir Singh was arrested for possession of 2 kg of heroin under the NDPS Act. He claimed to be a juvenile at the time of the offence, producing a school leaving certificate and a State Council certificate showing his date of birth as 20‑07‑1996. The Sessions Court and the High Court rejected his claim, relying on his…

The appellants, who qualified for postgraduate medical courses in Odisha as direct (open) candidates, challenged Clause 11.2 of the prospectus and the third proviso to Clause 9(2)(d) of the MCI regulations that gave additional weightage to in‑service candidates applying through the open category. They argued that the w…

Dr. Mehmoood Nayar Azam, an Ayurvedic doctor and social activist, was arrested and taken into police custody where he was forced to hold a placard with self‑condemning words and photographed; the photograph was later circulated, causing humiliation and mental trauma. The High Court found that he had been subjected to c…

The respondent applied for the West Bengal Judicial Service Examination 2007, claiming Scheduled Tribe status and attaching a certificate issued by the Director, Backward Class Welfare, West Bengal. The examination notification required a caste certificate from a "competent authority" as defined in the West Bengal Sche…

The case concerned a mob assault on 5 July 1983 in Siktahar village, where 200‑250 persons, including the accused, forced people out of their houses and attacked them with sharp and blunt weapons, resulting in one death and serious injuries to three others. The trial court convicted the appellants under Section 302 IPC…

The appellant, Arjun, was convicted of murder (s.302 IPC) and causing grievous hurt (s.326 IPC) after he attacked Jagannath and his family during a property dispute, using a large knife to inflict fatal head injuries on the deceased and injuries on the deceased's wife. The appellant claimed he acted in private defence,…

The appellants, editors and publishers of Sports World magazine and Anandabazar Patrika, reproduced a semi‑nude photograph of tennis player Boris Becker and his fiancée Barbara, originally published in the German magazine STERN, which was intended to protest apartheid and promote interracial love. A lawyer filed a comp…

The petitioner, Joydeep Mukharjee, filed a public interest litigation challenging the allotment of government lands in Salt Lake City, Kolkata, alleging that the Chief Minister's use of a discretionary quota was arbitrary, illegal, and violated the Master Plan as well as Articles 14 and 21 of the Constitution. The matt…

The Uttarakhand Director of School Education advertised for Assistant Teachers (General) requiring a B.Ed. degree simplicitor. The respondents held B.Ed. degrees with Specialisation in Vocational Education, which the authorities deemed not to satisfy the qualification. The High Court set aside the rejection, but the St…

The Venus Public Education Society applied to the National Council for Teacher Education (NCTE) for recognition to run a D.El.Ed. programme for the 2010‑11 session. After a series of inspections, deficiencies, and an appeal, the NCTE issued a letter of intent on 22‑Sep‑2011 and a formal recognition order on 27‑Oct‑2011…

The claimant, a 30‑year‑old bus worker, suffered amputation of her left leg and right foot in a motor vehicle accident and claimed Rs 6,50,000 as compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 2,00,000, including Rs 86,000 for permanent disability, while t…

The appellants filed a private complaint under Section 200 of the CrPC alleging that the respondent, a public servant, committed offences under the Prevention of Corruption Act, 1988. The Special Judge referred the complaint for investigation by the Karnataka Lokayukta under Section 156(3) of the CrPC without obtaining…

Guddi, a 19‑year‑old married woman, died from 99% burn injuries while in the custody of her father‑in‑law and husband. The prosecution relied on three alleged dying declarations: a Parcha Bayan recorded by an ASI, a magistrate‑signed declaration that was never produced, and a statement recorded under Section 161 CrPC b…

The accused Habib and Manuwa were acquitted by the trial court for murder under IPC s.302, but the Allahabad High Court set aside the acquittal of Habby and Manuwa, convicting them based on eyewitness and medical evidence. The Supreme Court examined whether an appellate court may re‑appreciate evidence in an appeal aga…

The appellant, a superintendent at KAVIKA, was convicted under the Prevention of Corruption Act, 1988 for demanding and accepting a Rs 5,000 bribe in exchange for allocating transport loads. The Supreme Court examined whether the statutory presumption under s.20 of the Act could be rebutted; it held that the appellant’…

The Supreme Court examined appeals by Mahalaxmi Co‑operative Housing Society Ltd. against a High Court order that set aside trial‑court orders allowing the society to record a pursis (settlement) under Order XXIII Rule 3 of the CPC in two civil suits concerning land ownership. The Court held that the pursis was valid b…