HIMACHAL PRADESH STATE FINANCIAL CORPORATION,SHIMLAversusPREM NATH NANDA AND ORS.
2000 INSC 49631 October 2000Appeal(s) allowed
The Himachal Pradesh State Financial Corporation granted a loan of Rs.20.5 lakh to Prem Nath Nanda and others for a hotel project. After the borrowers defaulted, the corporation took possession of the hotel under Section 29 of the State Financial Corporations Act, 1951 and sold it, generating an excess amount over the …
STATE OF KERALAversusSASI
1996 INSC 126431 October 1996Appeal(s) allowed
On 2 November 1990 the respondent struck the deceased on the head with a bamboo stick, causing severe skull fractures and brain injury. The deceased died eleven days later in hospital. The trial court convicted the respondent for murder under Section 302 of the Indian Penal Code and sentenced him to life imprisonment. …
RAM PRAKASH PANDEYversusSTATE OF U.P. AND ANR.
2001 INSC 41031 August 2001Appeal(s) allowed
The appellant, husband of a murder victim, challenged the Allahabad High Court's order granting bail to Respondent No.2, a life‑convicted prisoner who, while on bail pending appeal, allegedly murdered the appellant's wife. The High Court had granted bail despite Section 437(2) of the Code of Criminal Procedure, 1973, w…
RAVINDER KUMAR AND ANR.versusSTATE OF PUNJAB
2001 INSC 41431 August 2001Dismissed
The appellants, Ravinder Kumar and Surinder Kumar, were convicted of murder under Section 302 IPC for killing broker Amar Kumar Gupta, concealing the body in a wooden parcel, and were sentenced to life imprisonment. They appealed, contending that the FIR was filed two days after the crime, that the rickshaw‑puller’s te…
T.K. LATHIKAversusSETH KARSANDAS JAMNADAS
1999 INSC 36731 August 1999Dismissed
The appellant, T.K. Lathika, became the owner of a building by gift deed in 1980 and entered into a fresh lease with the long‑term tenant. She filed an eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 on 1 July 1981, before the one‑year moratorium period prescribed in the…
DHYAN INVESTMENTS AND TRADING CO. LTD.versusCENTRAL BUREAU OF INVESTIGATION AND ORS.
2001 INSC 32931 July 2001Disposed off
The Central Bureau of Investigation filed a criminal case before the Special Court (Trial of Offences Relating to Transactions in Securities) alleging conspiracy by Dhy An Investments and Trading Co. Ltd. The company sought transfer of the case from one Special Court judge to another, invoking Section 407 of the Crimin…
K. PONNUSWAMYversusSTATE OF TAMILNADU BY INSPECTOR OF POLICE, DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION SOUTH RANGE, TRICHY
2001 INSC 33031 July 2001Dismissed
K. Ponnuswamy, a former lecturer who became Minister of Education in Tamil Nadu (May 1993‑May 1996), was charged under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act for possessing assets disproportionate to his known income. The prosecution proved that large sums were transferred to his wife and daugh…
RAM DEO CHAUHAN ALIAS RAJ NATH CHAUHANversusSTATE OF ASSAM
2000 INSC 36431 July 2000Dismissed
Ram Deo Chauhan (alias Raj Nath Chauhan) was convicted of the pre‑planned, cold‑blooded murder of four members of a family, including a two‑year‑old child and two women, and of causing injuries to two other persons. The trial and high courts relied on a chain of circumstantial evidence and a confessional statement to u…
HRIDAYA RANGAN PD. VERMA AND ORS.versusSTATE OF BIHAR AND ANR.
2000 INSC 17831 March 2000Appeal(s) allowed
The three Verma brothers sold land to a cooperative society, received part payment, and later the society's cheques bounced. The society filed a criminal complaint alleging cheating and related offences, claiming the brothers concealed a pending partition suit. The brothers filed a petition under Section 482 of the CrP…
T.C. MATHAIversusTHE DISTRICT SESSIONS JUDGE, THIRUVANANTHAPURAM,KERALA
1999 INSC 14431 March 1999Dismissed
The appellant, T.C. Mathai, held a power of attorney for a couple who were respondents in a criminal revision petition before the Trivandrum Sessions Court and sought the court's permission to appear and plead on their behalf. The Sessions Judge refused, stating that the request did not come from the couple, and the Hi…
UNION OF INDIAversusRAM SAMUJH AND ANR.
1999 INSC 36530 August 1999Appeal(s) allowed
In 1997 a raid at the residence of Ram Samujh recovered five kilograms of opium. The Sessions Judge denied his bail application, but the Allahabad High Court later granted bail without addressing the mandatory conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Union of India appea…
P. SATYANARAYANA AND ANR.versusP. MALLAIAH AND ORS.
1996 INSC 97230 August 1996Appeal(s) allowed
The wife filed a complaint under Section 494 of the Indian Penal Code alleging bigamy by her husband, who claimed he had married a second time after ten years of desertion. The trial magistrate acquitted the husband, finding no evidence that a second Hindu marriage had been solemnized according to the tests laid down i…
ABDUR RAHMAN & ORSversusATHIFA BEGUM AND ORS .
1996 INSC 97330 August 1996Appeal(s) allowed
Abdur Rahman & Ors appealed to the Supreme Court against a Karnataka High Court order that dismissed their appeal under Order 41 Rule 17 of the CPC because their counsel was absent. While dismissing the appeal, the High Court also examined the merits of the case and concluded that there was no ground for interfering wi…
JATINDER SINGHversusRANJIT KAUR
2001 INSC 5630 January 2001Dismissed
Ranjit Kaur filed a criminal complaint against Jatinder Singh under IPC 494 for bigamy and against four others under IPC 109 for abetment. The Judicial Magistrate dismissed the complaint for default because the complainant was absent, and she subsequently filed a second complaint with the same allegations before the sa…
STATE, GOVT. OF NCT OF DELHIversusSUN IL AND ANOTHER
2000 INSC 55129 November 2000Disposed off
The State of NCT of Delhi appealed against the acquittal of Sunil and Ramesh, who were convicted by a Sessions Court for kidnapping, raping and murdering a four‑year‑old girl, Anuradha. The High Court set aside the conviction, citing minor inconsistencies in the testimonies of three witnesses, the lack of independent w…
STATE OF UTTAR PRADESHversusCHANDRIKA
1999 INSC 50229 October 1999Appeal(s) allowed
The respondent Chandrika and two others were charged with murder under IPC sections 302, 307 and 34. The Sessions Court convicted Chandrika under section 304 and sentenced him to eight years' rigorous imprisonment. On appeal, Chandrika did not contest the conviction but sought a plea bargain on the sentence; the Allaha…
MOHAMMED KUNJU AND ANR.versusSTATE OF MAHARASHTRA
1999 INSC 50329 October 1999Disposed off
Two local residents stood as sureties for the bail of a foreign national charged with offences under the IPC and foreigner statutes. The magistrate later relaxed one of the bail conditions, after which the accused absconded, leading to forfeiture of the bail bonds and a penalty of Rs.25,000 against each surety. The sur…
M.S. JAYARAJversusCOMMISSIONER OF EXCISE, KERALA AND ORS.
2000 INSC 47429 September 2000Dismissed
The appellant, the highest bidder for a foreign liquor shop in the Changanassery Excise Range, could not locate a premises within that range and obtained permission from the Excise Commissioner to shift the shop to the Karukachal Range under Rule 6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. A hote…
JOGINDER PALversusINDIAN RED CROSS SOCIETY AND ORS.
2000 INSC 47029 September 2000Dismissed
Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a certificate to Joginder P…
K. BHASKARANversusSANKARAN VAIDHYAN BALAN AND ANR.
1999 INSC 45029 September 1999Case Partly allowed
The appellant K. Bhaskaran was accused of issuing a Rs.1 lakh cheque that was dishonoured for insufficient funds. The complainant, his brother, sent a notice of demand by registered post, which was returned as 'unclaimed'. The trial magistrate acquitted the appellant on the grounds of lack of territorial jurisdiction a…
STATE OF WEST BENGALversusMIR MOHAMMAD OMAR AND ORS. ETC. ETC.
2000 INSC 42229 August 2000Case Partly allowed
The State of West Bengal prosecuted Mir Mohammad Omar and six co‑accused for abducting a 29‑year‑old businessman, Mahesh Kumar Aggarwal, with the intention of killing him, and for his subsequent murder. The trial court convicted them under Section 364 read with Section 34 IPC but acquitted them of murder; the Calcutta …
NEPC MICON LTD. AND ORS.versusMAGMA LEASING LTD.
1999 INSC 21129 April 1999Dismissed
The appellant NEPC Micon Ltd. and its directors issued five cheques to the respondent Magma Leasing Ltd. which were returned by the bank with the endorsement "account closed." The respondent instituted criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. The appellants argued that "account cl…
STATE OF U.P.versusSHAMBHU NATH SINGH AND ORS.
2001 INSC 18529 March 2001Disposed off
The State of Uttar Pradesh prosecuted Shambhu Nath Singh and others for murder and related offences under IPC sections 302, 307 and 149. The prosecution’s key eye‑witness, PW‑1, was examined in chief but his cross‑examination was repeatedly postponed despite his presence on numerous dates, while the accused were often …
SUBHASH CHANDER ETC. ETC.versusKRISHAN LAL AND ORS. ETC. ETC.
2001 INSC 18629 March 2001Disposed off
The case arose from a long‑standing feud between the families of Bhagwan Ram and Krishan Lal. On the night of 21‑22 August 1992 the accused entered Bhagwan Ram's house and fired indiscriminately, killing Bhagwan Ram, his son Sunder Ram and his mother Chando Devi, and injuring Subhash Chander (PW2) and his sister Raj Ku…
STATE OF BIHAR AND ANR.versusMD. KHALIQUE AND ANR.
2001 INSC 58428 November 2001Appeal(s) allowed
The State of Bihar filed an FIR alleging that six government revenue officers colluded with two private individuals to forge assessment orders under the Bihar Land Reforms Act, 1955, thereby misappropriating state funds. The FIR, registered under IPC sections 419, 420, 467 and 120B, named eight accused. The Patna High …
HIGH COURT OF JUDICATURE AT BOMBAY, THROUGH ITS REGISTRARversusSHASHIKANT S. PATIL AND ANR.
1999 INSC 49928 October 1999Appeal(s) allowed
The case concerned a Joint Civil Judge (Junior Division) who was accused of ordering a wrongful arrest. A departmental inquiry was ordered, and the Inquiry Officer exonerated him, but the High Court’s Disciplinary Committee rejected the report and recommended compulsory retirement, which was approved by the Governor. T…
RAJENDRA PRATAP SINGHversusRAMESHWAR PRASAD
1998 INSC 40428 October 1998Dismissed
The petitioner, a tenant, was evicted by the respondent, the landlord, under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on the ground that the fixed‑term lease had expired. The tenant contended that the lease was invalid because the registered deed of Kabuliyat was signed only by…
STATE OF PUNJABversusNAIB DIN
2001 INSC 47028 September 2001Appeal(s) allowed
The State of Punjab convicted Naib Din under Section 9 of the Opium Act for possession of opium, relying in part on affidavits of two police officers who had handled the seized sample. The High Court, on revision, quashed the conviction because the affidavits were not cross‑examined and their contents were not put to t…
A.P. PAPER MILLS LTD. ETC. ETCversusGOVERNMENT OF A.P. AND ANR.
2000 INSC 46628 September 2000Appeal(s) allowed
The appellants, owners of factories in Andhra Pradesh, challenged a Government Order that raised the maximum licence fee under the Andhra Pradesh Factories Rules, 1950 from Rs.10,000 to Rs.18,00,000. They argued that the fee is a regulatory fee, not a tax, and therefore the principle of quid pro quo does not apply; the…
MAHESHversusSTATE OF MADHYA PRADESH
1996 INSC 95628 August 1996Disposed off
Mahesh was charged with the murder of Krishna Kumar after a dispute over grazing cattle in a field. The deceased and two other labourers asked Mahesh to remove his cattle, leading to an altercation in which Mahesh struck Krishna Kumar once on the head with a pharsa, causing instant death. The trial court, after evaluat…
MOHAMMED AYNUDDIN @ MIYAMversusSTATE OF ANDHRA PRADESH
2000 INSC 36128 July 2000Appeal(s) allowed
The appellant, a driver of an Andhra Pradesh State Road Transport Corporation bus, was convicted under IPC Section 304A after a passenger fell from the bus while boarding and was run over by the rear wheel, resulting in death. The trial, sessions, and high courts held him guilty of culpable negligence, imposing a three…
KOTHAKALAVA NAGA SUBBA REDDI AND ORS.versusTHE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH
2000 INSC 15628 March 2000Dismissed
The case concerns the murder of Rachapalle Devachandra Reddy, for which six persons were charged. The trial court acquitted all accused, but the Andhra Pradesh High Court reversed the acquittal, convicting four of them (A‑1, A‑2, A‑3, A‑5) under IPC sections 148, 149 and 302, giving benefit of doubt to A‑4 and A‑6. The…
MOHD. NAZIRversusBECHAND PRASAD AND ORS.
1997 INSC 20728 February 1997Appeal(s) allowed
The appellant, Mohd. Nazir, was allotted a building in Banaras under an order dated 17 May 1995 pursuant to Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. After being put in possession, he was ousted by the landlord and a dancing girl with two musicians who later occupied t…
GANGULA ASHOK AND ANR.versusSTATE OF ANDHRA PRADESH
2000 INSC 3728 January 2000Disposed off
The appellants, a lawyer and his wife who was a hostel matron, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly outraging a hostel resident's modesty and for attempting to suppress the complaint. The police filed the charge‑sheet directly before the Sessions Cour…
HUSSAINversusSTATE OF KERALA
1999 INSC 49727 October 1999Appeal(s) allowed
The appellant was found in possession of six ampoules of buprenorphine, a psychotropic substance, and was convicted under Section 20(b)(i) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed the drug was for personal medical use as prescribed by his doctor. The trial court ignore…
SATVIR SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.
2001 INSC 46427 September 2001Disposed off
The case involved Tejinder Pal Kaur, who attempted suicide after alleged dowry‑related cruelty by her husband Satvir Singh and his parents. The trial court convicted the accused under Section 116 read with Sections 306 and 304B IPC and under Section 498A IPC. On appeal, the Supreme Court held that Section 306 IPC punis…
NETAI BAG AND ORS.versusTHE STATE OF WEST BENGAL AND ORS.
2000 INSC 46227 September 2000Dismissed
The State of West Bengal leased surplus land, acquired under the Land Acquisition Act, 1894 for a railway project, to a private company without conducting a public tender or auction. The appellants, heirs of the former owners and a vegetarian group, challenged the lease as arbitrary and violative of Article 14 of the C…
JAI KARANversusSTATE OF (N.C.T. OF DELHI)
1999 INSC 44327 September 1999Appeal(s) allowed
The appellant, Jai Karan, was convicted under Section 302 IPC for allegedly burning his wife, Wanti Devi, based solely on her dying declaration recorded by a doctor in a hospital. The trial and High Courts held the declaration reliable, but the Supreme Court examined the circumstances surrounding its recording, noting …
M/S. BHASKAR INDUSTRIES LTD.versusM/S. BHIWANI DENIM AND APPARELS LTD. AND ORS.
2001 INSC 39927 August 2001Appeal(s) allowed
The appellant, Bhaskar Industries Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act before a Judicial Magistrate in Bhopal. The magistrate issued summons, and when the second accused, Bhiwani Denim and Apparels Ltd., failed to appear, he applied for exemption from personal appearance under Sec…
MALEMPATI PATIABI NARENDRA ETCversusGHATIAMANENI MARUTHI PRASAD AND ORS. ETC.
2000 INSC 26227 April 2000Dismissed
The case involved the murder of Gram Sarpanch Sitaram Anjanalelu, for which six persons were convicted by the trial court under Section 302 read with Section 149 of the IPC. On appeal, the Andhra Pradesh High Court upheld convictions of two accused (A‑1 and A‑3) only under Section 326 and acquitted the rest. The Suprem…
JOSEPH S/O KOOVELI POULOversusSTATE OF KERALA
2000 INSC 26027 April 2000Case Partly allowed
The appellant Joseph was convicted of murder (Sec. 302 IPC) and robbery (Sec. 392 IPC) for allegedly luring Gracy, a convent worker, away on a false pretext, assaulting her, stealing her ornaments and causing her death by laying her on a railway track. The trial court acquitted him on all charges, but the Kerala High C…
ASSURANCE CO., SHIMLAversusKAMLA AND ORS. ETC. ETC.
2001 INSC 17827 March 2001Disposed off
An accident on 1 March 1993 involving a truck driven by Liaqat Ali resulted in three deaths. The insurer, New India Assurance Co., claimed it was not liable for third‑party compensation because the driver allegedly held a forged licence, constituting a breach of the insurance policy. The Motor Accident Claims Tribunal …
U.P. POLLUTION CONTROL BOARDversusM/S. MOHAN MEAKINS LTD. AND ORS.
2000 INSC 15327 March 2000Appeal(s) allowed
The Uttar Pradesh Pollution Control Board filed a complaint under the Water and Air (Prevention and Control of Pollution) Act, 1974 alleging that Mohan Meakins Ltd. and its directors and manager discharged noxious effluents into the River Gomti, violating sections 24 and 43 of the Act. The Chief Judicial Magistrate iss…
LAND ACQUISITION OFFICER AND MANDAL REVENUE OFFICERversusV. NARASAIAH
2001 INSC 11827 February 2001Dismissed
The State, represented by the Land Acquisition Officer and Mandal Revenue Officer, sought to acquire 7.35 acres of land and initially valued it at Rs 17,200 per acre. The District Court enhanced the valuation to Rs 65,762 per acre, and the Andhra Pradesh High Court further raised it to Rs 75,000 per acre, relying on ce…
STATE OF PUNJAB AND ORS.versusBHAJAN SINGH AND ANR.
2001 INSC 12227 February 2001Dismissed
The respondent, Bhabhan Singh, was elected President of a municipal council in Samrala, Punjab, but the State Government failed to publish a notification of his election as required by Section 24(2) of the Punjab Municipal Act, 1911. The Principal Secretary also issued a show‑cause notice and later a notification remov…
KANHAI MISHRA @ KANHAIYA MISARversusSTATE OF BIHAR
2001 INSC 11927 February 2001Appeal(s) allowed
KanHai Mishra was convicted by the trial court and the Patna High Court for the rape and murder of Rita Kumari, based solely on six alleged circumstantial facts. The Supreme Court examined whether those circumstances satisfied the legal test that circumstantial evidence must be wholly inconsistent with the accused's in…
ANIL HADAversusINDIAN ACRYLIC LIMITED
1999 INSC 53126 November 1999Dismissed
The appellant, a director of Mis. Rama Fibres Ltd, was charged under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The company faced winding‑up proceedings, and the magistrate suspended prosecution against the company but proceeded against the directors. The appellant argued that prosecution of…
STATE OF MAHARASHTRAversusRAMESH TAURANI
1997 INSC 76126 November 1997Appeal(s) allowed
The State of Maharashtra appealed against the Bombay High Court’s order granting bail to Ramesh Taurani, who was arrested for allegedly conspiring to murder film producer Gulshan Kumar by financing contract killers. The High Court had relied on the fact that Taurani’s name did not appear in the remand applications of o…
BALBIRversusSTATE OF HARYANA AND ANR.
1999 INSC 48726 October 1999Appeal(s) allowed
The appellant Balbir was convicted of murder under Section 302 IPC based on a private complaint, while a separate police‑filed case led to the acquittal of another accused, Guria, for the same killing. Both cases were tried before the same Sessions Judge but were not consolidated, and the appellant did not raise any ob…
BALBIR SINGHversusSTATE
1996 INSC 112126 September 1996Case Partly allowed
Balbir Singh was arrested in a notified area while in possession of an unauthorised rifle (bearing No. 516275) and 161 live cartridges. He was convicted under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to eight years’ rigorous imprisonment. On appeal he argued that the wea…
MAHABIR SINGHversusSTATE OF HARYANA
2001 INSC 32026 July 2001Dismissed
The Supreme Court examined the murder trial of Ranbir Singh and three co‑accused, where the trial court convicted Ranbir Singh under Section 302 IPC and acquitted the others, but the High Court reversed the acquittals. The Court held that an omission in a statement under Section 161 CrPC can constitute a material contr…
RAMESH CHANDRA ACHARYAversusREGISTRAR, HIGH COURT OF ORISSA AND ANR.
2000 INSC 33226 June 2000Dismissed
The petitioner, a judicial officer, challenged a decision that he be compulsorily retired at the age of 58 under Rule 71(a‑1) of the Orissa Service Code. He argued that the Supreme Court had raised the superannuation age for judges to 60 years and that the rule was inconsistent with the All India Judges Association jud…
STATE OF KERALA AND ORSversusDR. S.G. SARVOTHAMA PRABHU
1999 INSC 8726 February 1999Dismissed
The respondent, a partner in an industrial undertaking, claimed exemption of a parcel of land under Section 81(1)(k) of the Kerala Land Reforms Act, 1963, on the ground that it was set aside for industrial use. The District Collector later issued a notice requiring the land to be put to actual industrial use by a speci…
UNION OF INDIA AND ORS.versusSADHA SINGH
1999 INSC 48525 October 1999Dismissed
Sadh Singh was convicted by a General Court Martial under Section 302 IPC and Section 69 of the Army Act for murder and sentenced to life imprisonment. He had served 11 years and 1 month in actual custody, 1 year 7 months 29 days in pre‑trial detention and had earned a remission of four years, which the Punjab and Hary…
SATYA NARAYAN SHARMAversusSTATE OF RAJASTHAN
2001 INSC 45525 September 2001Dismissed
The appellant was charged under the Prevention of Corruption Act, 1988 and the IPC, and obtained a stay of trial by filing a petition under CrPC Section 482 in the Rajasthan High Court, which was used to delay the trial for seven years. The High Court dismissed the petition, and the appellant appealed to the Supreme Co…
RAM GULAM CHAUDHURY AND ORS.versusSTATE OF BIHAR
2001 INSC 45625 September 2001Dismissed
The appellants were convicted of murder (Sec. 302 IPC) and related offences for the killing of Krishnanand Chaudhary, despite the victim's body not being produced. The appellants argued that the prosecution failed to prove the victim's death and that the lack of corpus delicti, non‑examination of the investigating offi…
SHAMBHU RAM YADA VversusHANUMAN DAS KHATRY
2001 INSC 31825 July 2001Dismissed
The respondent, an advocate, wrote a letter to his client demanding Rs 10,000 as a bribe to the presiding judge to obtain favorable orders. The State Bar Council found him guilty of misconduct under Section 35 of the Advocates Act, 1961 and suspended him for two years. The Bar Council of India’s disciplinary committee …
MAJOR AROON KUMAR SINHAversusUNION OF INDIA AND ORS.
2001 INSC 31925 July 2001Dismissed
Major A.K. Sinha, an Army officer, was not promoted to Lt. Colonel and alleged that adverse remarks in his Annual Confidential Reports (ACRs) were the cause. He filed a statutory complaint under Section 27 of the Army Act in 1996, more than five years after the remarks were communicated, exceeding the 60‑day (extendabl…
MIS. EVEREST COPIERS THROUGH R.A. PARTNER ETC.versusSTATE OF TAMIL NADU
1996 INSC 79125 July 1996Appeal(s) allowed
Everest Copiers, a photocopying business, was assessed sales tax for two assessment years on the ground that it sold xerox copies to customers. The issue before the Supreme Court was whether the making and delivery of photocopies constituted a sale of goods under Section 2(1) of the Tamil Nadu General Sales Tax Act, 19…
STATE OF KERALAversusM.M. MANIKANTAN NAIR
2001 INSC 22525 April 2001Appeal(s) allowed
The Secretary of a Gram Panchayat was prosecuted for offences under the IPC and the Prevention of Corruption Act. He moved the High Court under Section 482 CrPC to quash the prosecution, arguing that no sanction under Section 122 of the Kerala Panchayat Act was obtained. The High Court first dismissed the petition on 3…
KAMAL KISHORE ETCversusSTATE OF HIMACHAL PRADESH
2000 INSC 24025 April 2000Directions issued
The Supreme Court examined the rape of a minor girl by Kamal Kishore, whose conviction was upheld by the Himachal Pradesh High Court but the sentence was reduced to three years under the proviso of Section 376 IPC, citing the offence's age and the accused's settled life as "adequate and special reasons." The Court foun…
KULDEEP SINGH AND ORS.versusSTATE OF RAJASTHAN
2000 INSC 24125 April 2000Dismissed
Kuldeep Singh, Mahendra Singh, Uttam Chand and Surjeet Kaur were charged with the murder of Sohan Singh. The prosecution alleged that Singh's objection to an illicit relationship between Kuldeep and Surjeet, and to her attempt to sell her share of the house, provided motive for a conspiracy to kill. The accused lured t…
STATE OF TAMIL NADUversusSELVI J. JAYALALITHA
2000 INSC 24925 April 2000Disposed off
The State of Tamil Nadu appealed to the Supreme Court seeking to uphold criminal revision petitions filed in the Madras High Court against the trial of Selvi J. Jayalalitha. The accused, through counsel, requested permission to withdraw those revision petitions without prejudice to her right to raise all contentions af…
YUSUF KHAN @ DILIP KUMAR AND ORS.versusMANOHAR JOSHI AND ORS.
2000 INSC 10525 February 2000Disposed off
The petitioners sought a writ under Article 32 of the Constitution to compel the Maharashtra State Government to provide security for the screening of the film "Fire" and to appoint an independent agency to investigate the violent protests that damaged several cinemas. They alleged that the then Chief Minister and the …
KRISHNA MOHAN SHUKLA ETC. ETC.versusUNION OF INDIA AND ORS.
2000 INSC 2925 January 2000Disposed off
The petitioners challenged the functioning of the Bhopal Gas Relief Tribunal, alleging that the Deputy Welfare Commissioner had fixed arbitrary compensation amounts, that Lok Adalat decisions were sham, and that the lack of proper medical facilities violated their rights. The Supreme Court examined the 1985 Bhopal Gas …
RAM LAL AND ANR.versusSTATE OF JAMMU AND KASHMIR
1999 INSC 2225 January 1999Disposed off
The appeal involved two convicted persons: the first under Section 326 of the IPC (a non‑compoundable offence) and the second under Section 324 IPC (compoundable with court permission). Both parties sought to compound the offences after reaching a settlement. The Supreme Court held that Section 320(9) of the CrPC bars …
STATE OF MADHYA PRADESHversusBHOORAJI AND ORS.
2001 INSC 39324 August 2001Disposed off
The State of Madhya Pradesh appealed a Madhya Pradesh High Court order that quashed the conviction of Bhooraji and others and directed a retrial because the trial had been conducted by a specified Sessions Court without a prior committal order from a magistrate. The accused were charged under the IPC and the Scheduled …
SAPAN KUMAR PANDITversusU.P. STATE ELECTRICITY BOARD AND ORS.
2001 INSC 30524 July 2001Appeal(s) allowed
S.K. Pandit, a clerk dismissed in 1975, claimed his termination was illegal and raised an industrial dispute. Ten other workmen, represented by a union, had earlier raised a similar dispute which was referred to an Industrial Tribunal and resulted in an award. The Board assured Pandit that any benefit granted to the te…
FEDERATION OF BAR ASSOCIATIONS IN KARNATAKAversusUNION OF INDIA
2000 INSC 35024 July 2000Dismissed
The Federation of Bar Associations in Karnataka filed a writ petition under Article 32 of the Constitution seeking a permanent bench of the Karnataka High Court in northern Karnataka, arguing that the long distance from Bangalore made access to justice costly and time‑consuming. The Chief Justice of the Karnataka High …
AKMAL AHMADversusSTATE OF DELHI
1999 INSC 13124 March 1999Case Partly allowed
The appellant was intercepted at New Delhi Railway Station with a loaded revolver and two passports – one Indian and one Pakistani – and was charged under Section 12 of the Passport Act, 1967 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Supreme Court held that Section 12(1)(a) r…
KOCHUNJU NAIRversusKOSHY ALEXANDER AND ORS.
1999 INSC 13224 March 1999Dismissed
The appellant, Kochunju Nair, claimed Kudikidappukaran status under the Kerala Land Reforms Act, 1963, asserting that the land he possessed (27.5 cents) was held in co‑ownership with his wife and minor son and therefore should not be counted against the ten‑cent limit for a homestead. The Kerala High Court Full Bench h…
M/S. HAJEE S.V.M. MOHAMED JAMALUDEEN BROS. AND CO.versusTHE GOVERNMENT OF TAMIL NADU
1997 INSC 18924 February 1997Dismissed
The appellant, a private firm, obtained a three‑year licence from the Government of Tamil Nadu to collect chank shells from coastal sites, the agreement containing Clause 7 which allowed the government to terminate the licence at any time without cause. After commencing operations, the government invoked Clause 7 and t…
KHAZAN SINGH (DEAD) BY LRS.versusUNION OF INDIA
2002 INSC 4624 January 2002Appeal(s) allowed
The land of the deceased Khazan Singh was acquired under the Land Acquisition Act, 1894 and an award fixing compensation was made by the Collector. Dissatisfied, Khazan Singh filed an application under Section 18 of the Act for a reference to a Civil Court, which the Collector made. The Civil Court dismissed the refere…
SHAMNSHAEB M. MULTTANIversusSTATE OF KARNATAKA
2001 INSC 4324 January 2001Appeal(s) allowed
The appellant, his brother and father were tried for murder (IPC s.302) of the appellant's wife; the trial court acquitted them after witnesses turned hostile. The Karnataka High Court, however, convicted the appellant under IPC s.304B (dowry death) and s.498A without a specific charge for s.304B. The Supreme Court exa…
M/S. JYOTI PRASHAD VINOD KUMAR AND ANR.versusYASH PAL AND ORS.
1996 INSC 93523 August 1996Appeal(s) allowed
The tenants appealed against an eviction order issued by the appellate authority and affirmed by the High Court, which was based on the alleged non‑payment of increased rent that included a newly levied house tax. Under Section 8(1) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a landlord may shift the…
ARUN SHANKAR SHUKLAversusSTATE OF U.P. AND ORS.
1999 INSC 28723 July 1999Appeal(s) allowed
The accused were convicted of murder and related offences by a Sessions Court, which then scheduled a hearing on sentence. The accused failed to appear, leading the trial court to issue non‑bailable warrants. Instead of filing a statutory appeal, the accused filed a petition under Section 482 of the Criminal Procedure …
PRAHLAD SINGH BHATversusN.C. T., DELHI AND ANR.
2001 INSC 16823 March 2001Appeal(s) allowed
The appellant, father of a woman allegedly murdered by her husband (respondent No.2), challenged the grant of regular bail by a Metropolitan Magistrate in a murder case (Section 302 IPC) after the accused had earlier obtained anticipatory bail for lesser offences. The High Court dismissed the revision petition without …
M/S J.K. INTERNATIONALversusSTATE, GOVT. OF NCT OF DELHI AND ORS.
2001 INSC 11223 February 2001Appeal(s) allowed
J.K. International filed a complaint alleging criminal breach of trust and cheating, leading to an FIR and a charge‑sheet. The accused sought a writ in the Delhi High Court to quash the criminal proceedings, and the complainant applied to be impleaded as a party so that he could be heard. The High Court dismissed the a…
KUSUM INGOTS AND ALLOYS LTD.versusPENNAR PETERSON SECURITIES LTD. AND ORS.
2000 INSC 9723 February 2000Disposed off
Kusum Ingots and Alloys Ltd., a company, issued post‑dated cheques to Pennar Peterson Securities Ltd. The cheques were dishonoured, a statutory notice was sent, and the payee filed a complaint under Section 138 of the Negotiable Instruments Act. Before the 15‑day notice period expired, the company was declared "sick" b…
UNION OF INDIA AND ORS.versusDILJEET SINGH AND ANR.
1999 INSC 7823 February 1999Appeal(s) allowed
Diueet Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after customs seized a large amount of foreign currency. The State Government sent a report under Section 3(2) to the Central Government, which was considered by the Joint Sec…
BHASKAR @ PRABASKAR AND ORS.versusSTATE REPRESENTED BY INSPECTOR OF POLICE, VELLORE TALUK POLICE STATION, VELLORE
1999 INSC 43722 September 1999Dismissed
The appellant, Bhaskar, was tried before a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for offences under Sections 302 and 120B of the IPC, Section 4 of the Tamil Nadu Public Property Act and Sections 3 and 5 of TADA. While the trial was pending, the TADA Act expired and the D…
RAJ DEO SHARMAversusTHE STATE OF BIHAR
1999 INSC 43422 September 1999Disposed off
The Central Bureau of Investigation sought clarification and modification of the Supreme Court's directions in Raj Deo Sharma I, which prescribed time limits for closing prosecution evidence to enforce the right to a speedy trial under Article 21. The Court held that the directions are prospective, that periods of dela…
R.D.SAXENAversusBALRAM PRASAD SHARMA
2000 INSC 40922 August 2000Disposed off
The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar Council of India; the…
AKHTARIBIversusSTATE OF M.P.
2001 INSC 16522 March 2001Appeal(s) allowed
The appellant, convicted of murder and sentenced to life imprisonment, filed an appeal that remained pending in the Madhya Pradesh High Court for many years without being listed for hearing. The High Court rejected her bail application, prompting a petition before the Supreme Court. The Court held that speedy trial is …
SUCHA SINGHversusSTATE OF PUNJAB
2001 INSC 16622 March 2001Dismissed
During the peak of militancy in Punjab, two teenage sons of Diwan Singh were abducted from their home by four armed men, including the appellant Sucha Singh, and were later found shot dead. The parents were present in the house at the time of the abduction. The prosecution proved the abduction and the subsequent murder…
VIJAYAN @ VIJAYA KUMARversusSTATE REP. BY INSPECTOR OF POLICE
1999 INSC 12522 March 1999Appeal(s) allowed
The case arose from a long‑standing rivalry between two neighbouring families over stone slabs that blocked drainage. On 5 October 1984, after a morning altercation in which the appellant's faction slapped the deceased's father, the deceased Natarajan and his brother either pursued the appellant (prosecution version) o…
BIPIN SHANTILALPANCHALversusSTATE OF GUJARAT AND ANR.
2001 INSC 10622 February 2001Disposed off
Bipin S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances Act for a massive seizure of methaqualone tablets. The trial court failed to complete the trial within the six‑month period ordered by this Court, leading the Directorate of Revenue Intelligence to seek a further six‑month extension. Whi…
SHRI ISHAR ALLOY STEELS LID.versusJAYASWALS NECO LTD.
2001 INSC 10722 February 2001Appeal(s) allowed
The appellant issued a cheque drawn on State Bank of Indore which was presented by the respondent to its own bank and later to a collecting bank, but the cheque reached the drawer's bank after the six‑month period prescribed under the proviso to Section 138 of the Negotiable Instruments Act, 1881. A criminal complaint …
OM PRAKASH JAISWALversusD.K.MIITAL AND ANR.
2000 INSC 9222 February 2000Appeal(s) allowed
O.P. Jaiswal obtained a court order that the Nagar Mahapalika would not demolish his construction pending a writ petition. The Mahapalika demolished the structure on 11 January 1987, prompting Jaiswal to seek contempt proceedings under Section 12 of the Contempt of Courts Act, 1971. The Allahabad High Court issued show…
OM PRAKASHversusSTATE OF HARYANA
1999 INSC 7722 February 1999Appeal(s) allowed
Om Prakash, a 23‑year‑old BSF constable, was convicted of murdering seven members of a rival family in a pre‑meditated attack stemming from a long‑standing land dispute. The trial court sentenced him to death, which the High Court upheld. On appeal, the Supreme Court examined whether the case qualified as a "rarest of …
PRITISHversusSTATE OF MAHARASHTRA AND ORS.
2001 INSC 57621 November 2001Dismissed
The appellant, a beneficiary of an enhanced compensation award in a land‑acquisition case, was found by the reference court to have used forged documents and was directed to be prosecuted under Section 340 of the Criminal Procedure Code, 1973. He appealed to the High Court under Section 341, contending that the referen…
RAMMI @ RAMESHWAR ETC.versusSTATE OF MADHYA PRADESH
1999 INSC 42821 September 1999Dismissed
The appellants, Rammi alias Rameshwar and Bhura alias Sajjan Kumar, were charged with murder of Sardar Singh Thakur inside a moving bus, allegedly as revenge for a prior killing. The prosecution relied on the testimony of the bus driver, the conductor, and a passenger, as well as weapons recovered under Section 27 of t…
ANTHONYversusKC ITTOOP AND SONS AND ORS.
2000 INSC 34821 July 2000Appeal(s) allowed
Anthony was inducted into possession of a shed by the owner under an unregistered lease deed for five years and paid monthly rent. The ownership later passed to the respondents who sued for eviction; the trial court dismissed the tenancy claim and decreed eviction. On first appeal, the district court held that despite …
STATE FISHERY OFFICERS' ASSOCIATION, WEST BENGAL AND ANR.versusSTATE OF WEST BENGAL AND ANR.
1997 INSC 31021 March 1997Dismissed
The State Fishery Officers' Association entered into a tripartite agreement with the West Bengal government in 1961 to improve service conditions for fishery department officers. While the government issued orders granting all benefits except monetary ones for the period 1961‑1981, the association sought tribunal direc…
THE HIMACHAL ROAD TRANSPORT CORPORATION AND ANR.versusSHRI KEWAL KRISHAN
1997 INSC 31121 March 1997Leave Granted & Allowed
The Himachal Road Transport Corporation (HRTC) initiated disciplinary proceedings against conductor Shri Kewal Krishan for failing to issue tickets. The enquiry was started by the Assistant Manager, Mr K.N. Uppal, who had been designated as Head of Office under the HRTC (Class III & IV) Services Regulations, 1975, and …
THE SECRETARY TO GOVERNMENT AND ANR.versusK. MUNNIAPP AN
1997 INSC 31221 March 1997Leave Granted & Allowed
The Supreme Court examined whether a civil servant can be suspended before retirement when an enquiry into a grave criminal offence is merely contemplated. K. Munniappan, a Divisional Engineer, was served a suspension order under Rule 17(e)(1) of the Tamil Nadu Civil Services (CCA) Rules because an investigation into a…
PUTHIYA PURAYIL KANNAN'S WIDOW KOZIPURATH CHEMMARATHI BY L.R. KOZHIPURATHU KANARANversusPATINHARE KOYYATTAN BALAN AND ORS.
1997 INSC 31321 March 1997Dismissed
The Supreme Court considered a review petition filed by the widow of the original petitioner who had died, seeking to set aside the abatement of the suit caused by the death. The Court examined whether the application to bring legal representatives on record, filed after the 90‑day period prescribed by Article 120 of t…
C.S. JOSHIversusINDIAN INSTITUTE OF TECHNOLOGY, KANPUR AND ANR.
1997 INSC 31421 March 1997Leave Granted & Dismissed
C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced the back‑wages to 25%…
STATE BY CENTRAL BUREAU OF INVESTIGATIONversusSH. S. BANGARAPPA
2000 INSC 53420 November 2000Appeal(s) allowed
The Central Bureau of Investigation filed a charge‑sheet against former Karnataka Chief Minister S. Bangarappa under the Prevention of Corruption Act, 1988, alleging that he had amassed assets disproportionate to his known sources of income. The trial court framed a charge under Section 13(2) read with Section 13(1)(e)…
GAJANANversusSTATE OF MAHARASHTRA
1996 INSC 135820 November 1996Appeal(s) allowed
Gajanan and his co-accused were tried for murder under IPC sections 302 and 34 for the death of Suryabhan on 10 September 1984. The trial court acquitted them, finding that the alleged eye‑witnesses had not actually seen the assault, their testimony conflicted with the medical report, and the purported extra‑judicial c…
ABDUL FAZAL SIDDIQUIversusFATEHCHAND HIRAWAT AND ANR.
1996 INSC 90820 August 1996Appeal(s) allowed
The appellant was charged with cheating for allegedly making false representations that a business, Calcutta Cafe, was free of encumbrances, leading the complainant to advance a loan of Rs.30,000. The trial court convicted him under Section 420 read with Section 34 of the IPC, a decision upheld by the High Court. On ap…
PAWAN KUMAR GUPTAversusROCHIRAM NAGDEO
1999 INSC 19520 April 1999Appeal(s) allowed
The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender for his father, Pyarel…
NATIONAL INSURANCE CO. LTD.versusSEEMA MALHOTRA AND OTHERS
2001 INSC 9720 February 2001Appeal(s) allowed
The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. The legal heirs clai…
ASSISTANT COLLECTOR OF CENTRAL EXCISE, MADRASversusV. KRISHNAMOORTHY AND ORS.
1997 INSC 16820 February 1997Dismissed
The Assistant Collector of Central Excise, acting as complainant, appealed to the High Court against the sentences imposed on V. Krishnamurthy and others for offences investigated by a Customs Officer, invoking Section 377(2) of the Code of Criminal Procedure. The Supreme Court examined whether a Customs Department off…
SHAM LALversusSTATE OF HARYANA ETC.
1997 INSC 16920 February 1997Dismissed
Neelam Rani died from burns in 1987. The husband (appellant) and his father were convicted by the Sessions Court of murder (Sec. 302 IPC), dowry death (Sec. 304B IPC) and cruelty for dowry (Sec. 498A IPC). The High Court upheld the murder conviction and acquitted the father. On appeal, the Supreme Court held that the e…
SRINIWAS RAMNATH KHATODversusSTATE OF MAHARSHTRA AND ORS.
2001 INSC 57119 November 2001Dismissed
The appellant's land was acquired under the Land Acquisition Act, 1894. A notification under s.4 was last published on 30‑Jan‑1986 and a declaration under s.6 was made on 29‑Jan‑1987, with its first newspaper publication on 30‑Jan‑1987 and later publication in the Official Gazette on 19‑Mar‑1987. The appellant contende…
M/S. M.M.T.C. LTD. AND ANR.versusM/S. MEDCHL CHEMICALS AND PHARMA (P) LTD. AND ANR.
2001 INSC 57219 November 2001Disposed off
The appellant, MMTC Ltd., filed two complaints under Section 138 of the Negotiable Instruments Act against the respondent company for cheques that were returned marked "payment stopped by drawer". The complaints were filed by the appellant’s regional manager, who allegedly lacked authority to represent the company. The…
ASHOK YADAV AND ORS.versusSTATE OF MADHYA PRADESH
1996 INSC 134119 November 1996Appeal(s) allowed
The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim was last seen with t…
STATE (DELHI ADMINISTRATION)versusDHARAMPAL
2001 INSC 52719 October 2001Disposed off
The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not read out to the accu…
STATE OF BIHARversusBAIDNATH PRASAD@ BAIDYANATH SHAH AND ANR.
2001 INSC 52819 October 2001Leave Granted & Allowed
An FIR under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was filed in 1991 and a complaint was lodged before a Judicial Magistrate on 13‑01‑1992. After a series of revisions and a long period of inactivity—largely caused by the accused’s own challenges and absence—the case remained pending for mor…
SHAMSHER KHANversusSTATE (NCT OF DELHI)
2000 INSC 49419 October 2000Disposed off
Shamsher Khan was convicted for manufacturing and storing bombs in his Delhi house, which later exploded, killing three and injuring many. He was sentenced under IPC sections 304, 308, 120‑B, TADA sec. 5 and Explosive Substances Act sec. 4(b). On appeal he challenged the culpable homicide convictions, arguing that his …
A. VENKATASUBBIAH NAIDUversusS. CHELLAPPAN AND ORS.
2000 INSC 45019 September 2000Disposed off
The plaintiff filed a suit for permanent injunction and simultaneously obtained an ex parte temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial court’s order required the plaintiff to give notice and deliver documents to the opposite party as mandated by the proviso to Rule 3, bu…
KUNHAYAMMED AND ORSversusSTATE OF KERALA AND ANR.
2000 INSC 33919 July 2000Dismissed
The Kerala Forest Tribunal held that a 1,020‑acre tract of private forest did not vest in the Government. The State of Kerala appealed to the High Court, which dismissed the appeal on 17‑Dec‑1982. No statutory remedy of appeal, revision or review was then available, so the State filed a Special Leave Petition (SLP) und…
FOOD INSPECTOR, ERNAKULAM AND ANR.versusP.S. SREENIVASA SHENOY
2000 INSC 34019 July 2000Appeal(s) allowed
The Food Inspector purchased a sample of toor dal and, after a Public Analyst reported it adulterated with kesari dal, filed a complaint under the Prevention of Food Adulteration Act. The respondent challenged the prosecution, arguing that a fresh sanction under Section 20 was required when a later certificate from the…
GAURISHANKARPRASADversusSTATE OF BIHAR AND ANR.
2000 INSC 22719 April 2000Appeal(s) allowed
Gauri Shankar Prasad, a Sub‑Divisional Magistrate, entered a complainant's clinic to enforce a court‑ordered removal of encroachments on government land, used abusive language and dragged the complainant out. The complainant filed a criminal complaint alleging offences under Sections 323, 504 and 452 IPC, and the Addit…
M. RAMALINGA THEVARversusSTATE OF TAMIL NADU AND ORS.
2000 INSC 22819 April 2000Dismissed
The appellant, M. Ramalinga Thevar, challenged a notification under Section 4(1) of the Land Acquisition Act, 1894. While his writ petition was pending, the government issued a declaration under Section 6, but the Land Acquisition Collector passed the award more than two years after the declaration. The High Court excl…
R.N. DEY AND ORS.versusBHAGYABATI PRAMENIK AND ORS.
2000 INSC 22919 April 2000Appeal(s) allowed
The State of West Bengal, having acquired land under the Estates Acquisition Act, 1953, was ordered by a Land Acquisition Judge to pay compensation to certain claimants. The State later discovered that the claimants had no title to the land and sought to vacate the interim payment order of the Calcutta High Court. The …
SMT. OM WAT! AND ANR.versusSTATE. THROUGH DELHI ADMN. AND ORS.
2001 INSC 15219 March 2001Appeal(s) allowed
The appellant, the mother of a deceased youth, appealed against the Delhi High Court’s order that quashed the murder charge (IPC s.302) framed against the accused and directed the trial court to give detailed reasons for framing charges. The Supreme Court held that under Sections 227 and 228 of the Code of Criminal Pro…
STATE OF RAJASTHANversusTEJA RAM AND ORS.
1999 INSC 12119 March 1999Appeal(s) allowed
The case involves the double murder of Ram Lal and his mother Gamni in a Rajasthan village. The trial court convicted six accused, including Teja Ram and Ram Lal, based on dying declarations, eyewitness accounts, and the recovery of blood‑stained axes. The Rajasthan High Court set aside the convictions, rejecting the d…
RABINDRA KUMAR NAYAKversusCOLLECTOR, MAYURBHANJ, ORISSA AND ORS.
1999 INSC 7319 February 1999Dismissed
Rabindra Kumar Nayak, an advocate, was provisionally appointed as Assistant Public Prosecutor under the Orissa Law Officers Rules, 1971 and CrPC, 1973. While holding this post he was elected as a member and subsequently as Chairman of Moroda Panchayat Samiti. A rival candidate filed a petition under Section 45‑B of the…
DALMIA CEMENT (BHARAT) LTD.versusM/S. GALAXY TRADERS AND AGENCIES LTD. AND ORS.
2001 INSC 3719 January 2001Appeal(s) allowed
Dalmia Cement (Bharat) Ltd. issued a cheque to Galaxy Traders which was dishonoured. The appellant served a statutory notice on 13 June 1998, but the respondents claimed they received only an empty envelope and wrote to the appellant on 20 June. The appellant re‑presented the cheque on 1 July, which was again dishonour…
CENTRAL BUREAU OF INVESTIGATION THROUGH S.P. JAIPURversusSTATE OF RAJASTHAN AND ANR.
2001 INSC 3819 January 2001Disposed off
A complaint alleging serious offences was filed before a magistrate who, invoking his power under Section 156(3) of the Code of Criminal Procedure, ordered the Central Bureau of Investigation (CBI) to investigate and required a final report. The CBI challenged the order, arguing that a magistrate has no jurisdiction to…
K.N.BEENAversusMUNIYAPPAN AND ANR.
2001 INSC 52218 October 2001Leave Granted & Disposed off
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque of Rs.63,720 dated 6 April 1993 issued by the first respondent was dishonoured for insufficient funds. After a legal notice and a reply from the respondent, no payment was made. The trial court convicted the respo…
PATEL HIRALAL JOITARAMversusSTATE OF GUJARAT
2001 INSC 52318 October 2001Dismissed
The appellant, Patel Hiralal Joitaram, was convicted of murder for setting the victim, Asha Ben, ablaze with combustible liquid and a lighter. The victim had given a dying declaration identifying the appellant as her assailant, which the trial court rejected but the High Court admitted, leading to his conviction. On ap…
MANGILALversusSTATE OF RAJASTHAN AND ANR.
2001 INSC 52418 October 2001Leave Granted & Disposed off
The appellant, father of Munki, filed an FIR alleging that his daughter’s husband (respondent No.2) beat her and forced her to ingest a glass of organo‑phosphorous insecticide. Munki testified that the husband held her nose and poured poison into her mouth, and her father corroborated this account. Chemical examination…
MANISH DIXIT AND ORS.versusSTATE OF RAJASTHAN
2000 INSC 49218 October 2000Disposed off
The Supreme Court examined the murder of jeweller Gulshan Makhija, in which Manish Dixit (A2) and Sharad Dhakar (A1) were accused. The Court considered whether a hotel register entry could be treated as a "book of accounts" under Sec. 34 Evidence Act, the evidentiary weight of the accused's absconding, the legality of …
MURALEEDHARANversusSTATE OF KERALA
2001 INSC 21518 April 2001Dismissed
The appellant, Muraledharan, was alleged to be a chief conspirator in the Kollam liquor tragedy that caused numerous deaths and injuries, and was charged under Section 8 of the Kerala Abkari Act among other offences. He obtained anticipatory bail from a Sessions Judge under Section 438 of the CrPC on the basis that the…
UNION OF INDIA AND ANRversusRS.SHARMA
2000 INSC 22118 April 2000Appeal(s) allowed
The respondent, a Divisional Engineer in the Telecom Department, had his promotion placed under a sealed cover because of pending CBI investigations into serious financial misdemeanors. After the investigation, the Government granted formal sanction to prosecute him, but the Departmental Promotion Committee (DPC) had a…
UNITED INDIA INSURANCE CO. LTD.versusBHUSHAN SACHDEVA AND ORS.
2002 INSC 3418 January 2002Disposed off
The Motor Accident Claims Tribunal awarded Rs. 12.53 lakh in compensation for a 1994 accident, directing United India Insurance Co. to pay the amount jointly with the driver, while the insured driver did not appeal. United India Insurance Co. filed a revision petition under Article 227 of the Constitution, believing it…
J.K. (BOMBAY) LTD.versusBHARTI MATHA MISHRA AND ORS.
2001 INSC 3518 January 2001Dismissed
The appellant J.K. (Bombay) Ltd employed M as a trainee supervisor and allotted him a company flat. After M resigned, he was directed to vacate but refused, claiming unpaid dues. The company filed a complaint under Section 630 of the Companies Act, 1956 against M and his wife and father. The lower courts upheld the pro…
KISHORIversusSTATE (NCT) OF DELHI
1999 INSC 57217 December 1999
The appellant Kishori was convicted for the murder of three Sikh brothers during the 1984 anti‑Sikh riots, based on eye‑witness testimony that identified him as a member of the unlawful assembly who used a knife to kill the victims. The High Court upheld the conviction and imposed the death penalty, deeming the case a …
MANOHAR LAL @ MUNNA AND ANR.versusTHE STATE (N.C.T. OF DELHI)
1999 INSC 57317 December 1999Case Partly allowed
During the 1984 anti‑Sikh riots in Delhi, four Sikh brothers were dragged from their home, doused with petrol and set ablaze in front of their mother, Harbai. The accused, Jaggu and Mannu, were convicted under IPC sections 302, 396 and 149 and sentenced to death by the trial court, a decision affirmed by the Delhi High…
STATE BY C.B.I. NEW DELHIversusR. SURI BABU AND ANR.
2000 INSC 48617 October 2000Disposed off
The Central Bureau of Investigation (CBI) filed a criminal appeal against a Karnataka High Court order that discharged two of six accused, including former Chief Minister Bangarappa and his private secretary Suri Babu, in a case under the Prevention of Corruption Act, 1988 and IPC section 120‑B. The trial court had ear…
PUNJAB AND SINDH BANKversusVINKAR SAHAKARI BANK LTD. AND ORS.
2001 INSC 44517 September 2001Appeal(s) allowed
Punjab and Sindh Bank filed a criminal complaint under Section 138 of the Negotiable Instruments Act against Vinkar Sahakari Bank Ltd. and others after a pay order drawn by the latter was dishonoured. The Bombay High Court had quashed the complaint on the ground that the pay order was not a cheque and that the bank was…
TRISUNS CHEMICAL INDUSTRYversusRAJESH AGARWAL AND ORS.
1999 INSC 42317 September 1999Appeal(s) allowed
The Chairman of Trisuns Chemical Industry filed a complaint before a Judicial Magistrate of First Class in Gujarat alleging that the respondents, directors of a company in Madhya Pradesh, cheated them by supplying inferior toasted soybean extracts after taking advance payment. The magistrate forwarded the complaint to …
GURDEEP SINGH @ DEEPversusTHE STATE (DELHI ADMN.)
1999 INSC 42417 September 1999Dismissed
Gurdeep Singh was convicted under Sections 302, 324 IPC, the Explosive Substances Act and the Indian Explosive Act for a bomb blast that killed three persons. The sole basis of the prosecution was his confessional statement recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) bef…
HEMANT DHASMANAversusCENTRAL BUREAU OF INVESTIGATION AND ANR.
2001 INSC 37417 August 2001Appeal(s) allowed
Hemant Dhasmana filed a complaint under the Prevention of Corruption Act alleging that the sons of a Chief Commissioner of Income Tax demanded a bribe. The CBI conducted a trap, recovered cash, but its final report exonerated the respondents and accused Dhasmana of false information. The Special Judge rejected the CBI …
NAGASHETTYversusUNITED INDIA INSURANCE CO. LTD. AND ORS.
2001 INSC 37517 August 2001Disposed off
The case arose from a road accident in which a tractor pulling a stone‑laden trailer struck two pedestrians, one of whom died. The victims' legal representatives claimed compensation under the Motor Accident Claims Tribunal, which directed the insurer to pay. The insurer appealed, contending that the driver held only a…
STATE OF KARNATAKAversusK. KRISHNAN
2000 INSC 40317 August 2000Appeal(s) allowed
The Range Forest Officer seized a jeep and a lorry along with forest produce for being transported without a permit under the Karnataka Forest Act, 1963. The authorized officer ordered the jeep’s release on the condition that the respondent furnish an irrevocable bank guarantee, but the respondent sought unconditional …
KISHAN LALversusSTATE OF RAJASTHAN
1999 INSC 33717 August 1999Appeal(s) allowed
The deceased Smt. Sulochana was allegedly burnt and later died; she gave an oral dying declaration on 6 November naming the appellant and his family, and a later statement before a magistrate on 11 November that did not name any accused. The police investigation found no sustainable evidence, leading the trial court to…
DANDU LAKSHMI REDDYversusSTATE OF ANDHRA PRADESH
1999 INSC 33817 August 1999Appeal(s) allowed
The appellant Dandu Lakshmi Reddy and his mother were convicted of murder under Sections 302 and 34 IPC based solely on two dying declarations of the deceased, which contained a material discrepancy regarding the circumstances of the fire. The Supreme Court examined the reliability of dying declarations, noting that th…
M/S. UNIPLAS INDIA LTD. AND ORS.versusSTATE (GOVT. OF NCT OF DELHI) AND ANR.
2001 INSC 29717 July 2001Dismissed
The appellants issued two cheques that were dishonoured. The respondent sent a notice under Section 434 of the Companies Act after the 15‑day period, and later presented the cheque again, issuing a second notice within 15 days. The Supreme Court examined whether a notice under Section 434 can satisfy the demand require…
MAKTOOL SINGHversusSTATE OF PUNJAB
1999 INSC 11117 March 1999Disposed off
The appellant, Maktool Singh, challenged the conviction and sentence imposed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, seeking suspension of the sentence pending appeal. The High Court refused suspension, prompting an appeal to the Supreme Court. The Court examined whether Section 32A of th…
PANDURANG KALU PATIL AND ANR.versusSTATE OF MAHARASHTRA
2002 INSC 3217 January 2002Disposed off
A1, A2 and A3, armed with guns, chased Ramdas and his brother Narayan and shot them; Ramdas died while Narayan survived. The trial court convicted A1 and A3 for murder under s.302 IPC, A2 for attempt to murder under s.307 IPC and acquitted A4 and A6 who carried knives. The High Court upgraded A2’s conviction to murder …
NAVINCHANDRA N. MAJITHIAversusSTATE OF MEGHALAYA AND ORS.
2000 INSC 48016 October 2000Appeal(s) allowed
A Shillong-based company lodged an FIR alleging that a Mumbai-based company had cheated it of Rs 9 crore. The investigation stalled, and the Guwahati High Court directed the complainant to deposit funds for the police investigation, a direction upheld by the division bench. The State of Meghalaya appealed, arguing that…
SHRI VISHIN N. KHANCHANDANI AND ANR.versusVIDYA LACHMANDAS KHANCHANDANI AND ANR.
2000 INSC 40016 August 2000Appeal(s) allowed
The deceased holder of several National Savings Certificates (NSC) died, and his widow and daughter sought a succession certificate under s.370 of the Indian Succession Act for the debts and securities, including the NSCs where the deceased had nominated his brother and step‑brother as nominees. The trial court exclude…
VINOY KUMARversusSTATE OF U.P. AND ORS.
2001 INSC 20816 April 2001Dismissed
An advocate, representing accused persons in three criminal cases, filed a writ petition in the Allahabad High Court challenging the transfer of those cases from a District & Sessions Judge to an Additional District & Sessions Judge/Special Judge, alleging that the transfer hampered speedy trial. The High Court dismiss…
AMERY PHARMACEUTICALS AND ANR.versusSTATE OF RAJASTHAN
2001 INSC 14816 March 2001Dismissed
A drug inspector sampled a formulation purchased from a retailer and, after analysis by a Government Analyst, found it to be misbranded, adulterated and spurious. The manufacturer, Amery Pharmaceuticals, sold the drug through a distributor and was charged under Sections 27(b), (c) and (d) of the Drugs and Cosmetics Act…
STATE OF JAMMU AND KASHMIRversusVINAY NANDA
2001 INSC 3016 January 2001Appeal(s) allowed
Vinay Nanda, a cashier in the Jammu & Kashmir Procurement Department, was convicted under Section 5(1)(c) of the Jammu & Kashmir Prevention of Corruption Act, 2006 and sections 409 and 468 of the Ranbir Penal Code for misappropriating government funds. The trial court sentenced him to one year of rigorous imprisonment …
STATE OF PUNJABversusRAJ SINGH AND ANR.
1998 INSC 2816 January 1998Appeal(s) allowed
The State of Punjab appealed against the Punjab and Haryana High Court’s order quashing an FIR that alleged offences under Sections 419, 420, 467 and 468 IPC committed during civil proceedings. The High Court had held that Section 195(1)(b)(ii) of the Criminal Procedure Code barred police investigation into such offenc…
IN RE: S.K. SUNDARAMversus-
2000 INSC 60215 December 2000Disposed off
Advocate S.K. Sundaram sent a telegram to Chief Justice of India A.S. Anand on 3 November 2000 demanding his resignation, threatening criminal complaints under IPC sections 420, 406, 468 and 471, a writ of quo‑warranto and a demand for Rs 3 crore. He later filed a criminal complaint before a magistrate, attaching the t…
H.V. JAYARAMversusTHE INDUSTRIAL CREDIT AND INVESTMENT CORPN. OF INDIA LTD. AND ORS. ETC.
1999 INSC 56115 December 1999Dismissed
The appellant, H.V. Jayaram, purchased shares of Industrial Credit and Investment Corporation of India Ltd. and alleged that the company failed to deliver the share certificates within the time limits prescribed by Section 113(1) of the Companies Act, 1956. He filed a criminal complaint under Section 113(2) before the …
SAJUversusSTATE OF KERALA
2000 INSC 52915 November 2000Appeal(s) allowed
The deceased, Jameela, was allegedly pregnant by the appellant Saju and refused to abort the pregnancy. She was later stabbed to death by accused No.1 (Biju). The prosecution alleged that Saju conspired with Biju to murder her, securing convictions under Sections 109, 120‑B and 302 IPC. On appeal, the Supreme Court exa…
THOMAS ANTONYversusVARKEY VARKEY
1999 INSC 51915 November 1999Dismissed
The respondent, owner of a suit land, sued the appellant for possession and mesne profits, while the appellant claimed to be a tenant under an oral lease dated 1971. The trial court referred the tenancy question to the Kerala Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963; the Tribunal held the…
RISHI NANDAN PANDIT AND ORS.versusSTATE OF BIHAR
1999 INSC 48415 October 1999Appeal(s) allowed
Twelve accused were convicted under Sections 394 and 395 of the IPC for a dacoity and sentenced to ten years' rigorous imprisonment. Their appeal before the Patna High Court was heard by a single judge after the appellants' counsel failed to appear, and the appeal was dismissed on merits, confirming the conviction. The…
SRI BHAGWAN SAMARDHA SREEPADA VALLABHA VENKATA VISHWANDADHA MAHARAJversusSTATE OF ANDHRA PRADESH AND ORS.
1999 INSC 27515 July 1999Dismissed
The appellant, a self‑styled godman, claimed to possess divine healing powers and charged a complainant Rs. 15,000 to cure his congenitally mute daughter. When the promised cure did not occur, the complainant filed a cheating complaint. The police initially reported the matter a "mistake of fact" based on religious bel…
THE STATE OF MAHARASHTRAversusRITESH, S/O VASUDEO WANJARI
2001 INSC 14615 March 2001Appeal(s) allowed
The respondent Ritesh was charged with murder and related offences, including criminal conspiracy, for allegedly killing his beloved Shubhangi, a Scheduled Caste member. The trial court denied bail, finding him complicit in the conspiracy. The High Court, on a revision petition under Section 439 of the CrPC, granted ba…
STATE OF HIMACHAL PRADESHversusJEET SINGH
1999 INSC 10415 March 1999Appeal(s) allowed
The State of Himachal Pradesh appealed the acquittal of Jeet Singh, who had been convicted by a Sessions Court for murdering his wife Sudarshana Devi under IPC 302. The High Court had set aside the conviction, deeming the death a suicide and rejecting incriminating evidence recovered under Section 27 of the Evidence Ac…
M/S. BSI LTD. AND ANR.versusGIFT HOLDINGS PVT. LTD. AND ANR. ETC.
2000 INSC 7215 February 2000Dismissed
The appellants, companies whose cheques were dishonoured, were prosecuted under Section 138 of the Negotiable Instruments Act. After the complaints were filed, they obtained a declaration from the Board for Industrial Finance and Reconstruction (BIFR) that they were "sick" companies under the Sick Industrial Companies …
PANKAJ MEHRA AND ANR.versusSTATE OF MAHARASHTRA AND ORS.
2000 INSC 7315 February 2000Dismissed
The Supreme Court examined whether a company that issued a cheque, which was later dishonoured, could avoid criminal liability under Section 138 of the Negotiable Instruments Act by invoking the provision of the Companies Act that makes any disposition of its property void after a winding‑up petition is presented. The …
SUGANTHI SURESH KUMARversusJAGDEESHAN
2002 INSC 2715 January 2002Disposed off
The complainant S.S. Kumar filed a criminal revision against the conviction of Jagdeeshan under Section 138 of the Negotiable Instruments Act for two dishonoured cheques amounting to Rs. 4,50,000. The trial magistrate sentenced the accused to imprisonment till the rising of the court and a fine of Rs.5,000, which the c…
AMINA AHMED DOSSA AND ORS.versusSTATE OF MAHARASHTRA
2001 INSC 2515 January 2001Dismissed
The appellants, Amina Ahmed Dossa and others, claimed rights over properties attached under Section 8 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) and sought relief from the Designated Court under Section 84 of the Code of Criminal Procedure (CrPC). The Designated Court rejected their claim…
STANNY FELIX PINTOversusMIS. JANGID BUILDERS PVT. LTD. AND ANR.
2001 INSC 2815 January 2001Dismissed
The appellant, St. Anny Felix Pinto, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and a fine of twenty lakh rupees. He appealed to the High Court of Bombay for suspension of the sentence, which the High Court granted on the condition that a portion of the fine, four la…
POWANAMMALversusSTATE OF TAMIL NADU AND ANR.
1999 INSC 1115 January 1999Appeal(s) allowed
The appellant's mother, Lakshmi, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug‑Offenders, Forest‑Offenders, Goondas, Immoral Traffic‑Offenders and Slum‑Grabbers Act, 1982 while she was already in judicial remand under the Tamil Nadu Prohibition Act, 1937. The det…
FATHER THOMAS SHINGARE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2001 INSC 60814 December 2001Disposed off
The father of a student filed a criminal complaint under Section 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987, alleging that a minority‑run unaided school had collected amounts in excess of the prescribed fee rates. The Magistrate took cognizance, and the school authorities ap…
ORIENTAL INSURANCE CO. LTD.versusCHERUVAKKARA NAFEESSU AND ORS.
2000 INSC 60014 December 2000Appeal(s) allowed
The legal heirs of a deceased motor‑vehicle accident victim claimed Rs 2 lakhs from Oriental Insurance Co. Ltd., the insurer of the auto‑rickshaw that caused the death. The insurer argued that its liability was capped at Rs 50,000 under the insurance policy, while the claimants relied on Section 96 of the Motor Vehicle…
RAJAMMALversusSTATE OF TAMIL NADU AND ANR
1998 INSC 47714 December 1998Appeal(s) allowed
The appellant, Rajammal, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982. She filed a representation on 13 January 1998, which reached the Secretary on 5 February 1998, but the Minister rejected it only on 14 February 1998. The High Court dismissed her habeas corpus petiti…
RAMON SERVICES PVT. LTD.versusSUBHASH KAPOOR AND ORS.
2000 INSC 51914 November 2000Disposed off
Ramon Services Pvt. Ltd., a tenant, faced an eviction suit. On the scheduled trial date, the firm's advocates did not appear because of a lawyers' strike, leading the trial court to pass an ex‑parte decree against the appellant. The appellant's applications to set aside the decree and the subsequent appeal were dismiss…
AHAMED NASSARversusSTATE OF TAMIL NADU AND ORS.
1999 INSC 48014 October 1999Appeal(s) allowed
Ahamed Nassar was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged smuggling of cellular phones and cigarettes. He filed a representation on 21 May 1999, which was processed with short postal delays that the Court held were no…
DWARIKA PRASAD SATPATHYversusBIDYUT PRAVA DIXIT AND ANR.
1999 INSC 48114 October 1999Dismissed
The husband, D.P. Satpathy, claimed that his marriage to B.P. Dixit was performed under duress and therefore invalid, and also denied paternity of the child born shortly after the ceremony. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance for herself and the child, which wa…
MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.
1998 INSC 39514 October 1998Dismissed
The petitioners sought relief under Article 32 concerning the communal riots in Meerut (Sept‑Oct 1982) and the subsequent enquiry commission headed by Justice C.D. Parekh. The Supreme Court repeatedly directed the Uttar Pradesh government to file an affidavit detailing the action taken on the commission’s report, but t…
HUKAM SINGH AND ORS.versusSTATE OF RAJASTHAN
2000 INSC 44614 September 2000Dismissed
Munshi Singh, an advocate's clerk, was murdered near his home by Hukam Singh and three relatives who shot him, assaulted his wife and son, and later cremated his body. The prosecution, led by a public prosecutor, chose not to examine two independent witnesses (Inder Singh and Budh Ram Nayak) after learning they would n…
STATE OF KERALAversusV. PADMANABHAN NAIR
1999 INSC 27314 July 1999Appeal(s) allowed
The respondent, a former Executive Engineer of the Kerala Public Works Department, was charged with defrauding the government by misappropriating steel rods, involving offences under Section 5(2) of the Prevention of Corruption Act, 1947 and IPC Sections 406, 409, 201, 109 and 120‑B. After his retirement, he sought dis…
DHANANJAYA REDDY ETC.versusSTATE OF KARN AT AKA
2001 INSC 14414 March 2001
The Supreme Court examined the murder of an army officer allegedly orchestrated by his wife (Al) and her paramour (A2) with the help of two accomplices (A3, A4). The trial court convicted Al and A2 under Section 302 IPC, while acquitting A3 and A4; the High Court upheld Al and A2's convictions and convicted A3 and A4. …
CHILAKURI GANGULAPPAversusREVENUE DIVISIONAL OFFICER, MADANPALLE AND ANR.
2001 INSC 14514 March 2001Appeal(s) allowed
Chilakuri Gangulappa filed a civil suit to enforce a sale agreement that was found to be insufficiently stamped. The Munsif Court impounded the document and sent it to the Revenue Divisional Officer (RDO), who, after assessing market value, imposed a penalty of ten times the stamp duty deficiency. The appellant appeale…
ASHOK YESHWANT BADAVEversusSURENDRA MADHAVRAO NIGHOJAKAR AND ANR.
2001 INSC 14314 March 2001Dismissed
Ashok Yeshwant Badave issued a post‑dated cheque dated 20‑Jan‑1996 as part of a sale transaction. The cheque was presented on 7‑Jul‑1996, within six months of the date on the cheque, and was dishonoured. The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and Section 420…
UNITED INDIA INSURANCE CO. LTD.versusRAJENDRA SINGH AND ORS. ETC.
2000 INSC 13814 March 2000Appeal(s) allowed
The Motor Accident Claims Tribunal awarded compensation to Rajendra Singh and his son Sanjay Singh for injuries allegedly sustained in a 1993 road accident involving an insured vehicle. United India Insurance Co. later discovered police reports indicating the claimants were actually injured in a separate tractor accide…
MADRAS HIGH COURT ADVOCATES ASSOCIATIONversusDR. A.S. ANAND, HON. THE CJJ., AND ANR.
2001 INSC 8714 February 2001Dismissed
A writ petition under Article 32 was filed by R. Karuppan, claiming to act for the Madras High Court Advocates Association, seeking a declaration that Chief Justice of India Dr. A.S. Anand was born on 1‑Nov‑1934 rather than 1‑Nov‑1936 and had therefore retired on 31‑Oct‑1999. The Association’s members later denied auth…
DR. SURAJMANI STELLA KUJURversusDURGA CHARAN HANSDAH AND ANR.
2001 INSC 8914 February 2001Dismissed
The appellant, a member of the Oraon tribe, alleged that her husband, a Santhal, contracted a second marriage while their first marriage subsisted, and filed a criminal complaint for bigamy under Section 494 of the IPC. The trial magistrate dismissed the complaint for lack of evidence of any tribal custom that makes a …
THE STATE OF BIHARversusCHANDRA BHUSHAN SINGH AND ORS.
2000 INSC 59913 December 2000Appeal(s) allowed
The respondents, railway employees, were caught stealing cement and an inquiry was conducted by a Railway Protection Force (RPF) inspector who filed a complaint before a Judicial Magistrate under the Railways Property (Unlawful Possession) Act, 1966. The accused argued that the RPF officer was not a "police officer" wi…
KARNAIL SINGHversusSTATE OF RAJASTHAN
2000 INSC 44313 September 2000Dismissed
Karnaill Singh, a truck driver, was stopped by a preventive party of the Narcotic Bureau and his vehicle was searched, leading to the seizure of 96.6 kg of opium. The seized goods and samples were sealed by the inspecting officer, but were later forwarded to the Superintendent of the Central Narcotic Bureau rather than…
STATE OF KERALA AND ORS.versusKOKIYAT ESTATES
1999 INSC 39213 September 1999Disposed off
The respondent, KokiYat Estates, had mortgaged extensive plantation land to a bank, with the State of Kerala acting as guarantor. Subsequent land‑ceiling and private‑forest statutes vested large portions of the mortgaged land in the State free of encumbrances, and later the State paid off the loan and obtained an assig…
STATE OF HIMACHAL PRADESHversusJAI LAL AND ORS.
1999 INSC 39313 September 1999Dismissed
The State of Himachal Pradesh alleged that accused growers and officials conspired to inflate the quantity of scab‑affected apples procured for destruction, thereby cheating the government. The prosecution’s case rested entirely on the testimony of the District Horticulture Officer, who was presented as an expert on th…
MARY ANGEL AND ORS.versusSTATE OF TAMIL NADU
1999 INSC 25113 May 1999Dismissed
The Supreme Court examined an appeal by accused A3‑A6 challenging a Madras High Court order that imposed Rs 10,000 costs on each of them for filing a frivolous revision under Section 482 of the Criminal Procedure Code (CrPC). The High Court had imposed the costs to deter abuse of process after the appellants suppressed…
A.K. SINGH AND ORS.versusUTTARAKHAND JAN MORCHA AND ORS.
1999 INSC 24713 May 1999Appeal(s) allowed
The Supreme Court examined the Allahabad High Court’s extensive directions issued in the wake of the 1994 Uttarakhand agitation, which ordered massive compensation to victims, large fund allocations for regional development, and pre‑emptive rulings on the need for sanction under Section 197 of the CrPC, the composition…
R.SARALAversusT.S.VELU
2000 INSC 21613 April 2000Appeal(s) allowed
The case arose from the suicide of a young bride, Selvi, after which the police investigated and filed a charge‑sheet against her husband and his mother under Sections 304B and 498A IPC. Dissatisfied that the sister‑in‑law and her father were not named, the deceased's father approached the Madras High Court under Secti…
RATHI MENONversusUNION OF INDIA
2001 INSC 14013 March 2001Appeal(s) allowed
Rathi Menon, a 22‑year‑old passenger, was thrown from a train in 1996, sustaining paraplegia and loss of both an arm and a leg. She filed a claim for compensation under Section 124A of the Railways Act, 1989 before the Railway Claims Tribunal. While the claim was pending, Rule 3(2) of the Railway Accident Compensation …
SEETA HEMCHANDRA SHASHITTAL AND ANR. ETC.versusSTATE OF MAHARASHTRA AND ORS.
2001 INSC 8613 February 2001Case Partly allowed
A senior government officer was charged under the Prevention of Corruption Act for possessing assets disproportionate to his known income. The investigation took four years (1986‑1990) and the government took another two years to grant sanction, after which a charge‑sheet was filed in 1993. The trial progressed slowly …
CALCUTTA MUNICIPAL CORPORATIONversusPAWAN K. SARAF AND ANR.
1999 INSC 913 January 1999Dismissed
The Calcutta Municipal Corporation filed a special leave petition challenging the High Court’s order that quashed prosecution of Pawan K. Saraf for alleged adulteration of compounded asafoetida under the Prevention of Food Adulteration Act, 1954. The trial court had relied on a Public Analyst’s report finding the sampl…
STATE OF RAJASTHANversusBHUP RAM
1997 INSC 1613 January 1997
The State of Rajasthan appealed the acquittal of Bhup Singh, who was convicted of murdering his wife, Chawli, based on her dying declaration and ballistic evidence. The High Court had set aside the conviction, holding that the dying declaration was invalid because it was recorded in Hindi rather than the Bagri language…
STATE OF RAIASTHANversusANI @ HANIF AND ORS.
1997 INSC 1713 January 1997Appeal(s) allowed
The Supreme Court examined an appeal by the State of Rajasthan against the acquittal of six accused in a double murder case. The trial judge had interjected during the cross‑examination of an injured eyewitness (PW‑3) to clarify a confusion, which the High Court held improper. The Supreme Court held that under Section …
M.NARSINGA RAOversusSTATE OF ANDHRA PRADESH
2000 INSC 58512 December 2000Dismissed
M. Narsinga Rao, a manager of a milk chilling centre, was charged under the Prevention of Corruption Act, 1988 for accepting a Rs.500 bribe from a contractor. He was caught in a trap set up by the Anti‑Corruption Bureau, but the key witnesses turned hostile after a four‑year delay, claiming the trap was fabricated. The…
R.KESHAVAversusM.B. PRAKASH AND ORS.
2000 INSC 58612 December 2000Dismissed
The appellant challenged the preventive detention of Maheshraj under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974, arguing that his representation to the Advisory Board was not considered by the Karnataka Government, thereby violating Article 22(5) of the Constitution. The det…
DADU @ TULSIDASversusSTATE OF MAHARASHTRA
2000 INSC 47912 October 2000Case Partly allowed
The Supreme Court examined the constitutional validity of Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which barred courts and the executive from suspending, remitting or commuting sentences of convicts under the Act. The petitioners argued that the provision violated Articles 14 and 21 by c…
STATE OF M.P. AND ANR.versusPRADEEP KUMAR AND ANR.
2000 INSC 44112 September 2000Appeal(s) allowed
The respondents filed a suit against the State of Madhya Pradesh and a sales tax officer, which was dismissed for lack of jurisdiction. The District Judge reversed that decision, and the State filed a second appeal before the High Court but omitted the required application for condonation of delay under Order 41 Rule 3…
JOHN THOMASversusDR. K. JAGADEESAN
2001 INSC 29312 July 2001Dismissed
The Madras Times published an article alleging that K.J. Hospital was involved in illegal kidney trafficking. The hospital's Director filed a criminal defamation complaint under Section 500 IPC, asserting that the imputation harmed the hospital and, by extension, himself. The trial magistrate discharged the publisher, …
RAJENDRA PRASADversusTHE NARCOTIC CELL THROUGH ITS OFFICER INCHARGE, DELHI
1999 INSC 26912 July 1999Dismissed
The appellant, Rajendra Prasad, was tried under the NDPS Act. After both sides had closed their evidence, the prosecution sought to re‑examine two witnesses under Section 311 of the Criminal Procedure Code to prove certain documents. The trial court allowed the resummoning, and the appellant challenged this, arguing th…
RE: SUO MOTO PROCEEDINGS AGAINST MR. R. KARUPPAN, ADVOCATEversus-
2001 INSC 27912 May 2001Disposed off
The Supreme Court, acting suo moto, examined an affidavit filed by Advocate R. Karuppan in support of a writ of quo‑warranto challenging the age of the Chief Justice of India. The Court found that Karuppan knowingly asserted that the President had not determined the Chief Justice’s age, despite clear evidence that the …
K.K. PATEL AND ANR.versusSTATE OF GUJARAT AND ANR.
2000 INSC 32612 May 2000Appeal(s) allowed
The respondent‑police officer filed a complaint before a Metropolitan Magistrate alleging that the appellants, police officers, had committed offences including sections 166, 167, 219 etc. of the IPC and an offence under section 147(G) of the Bombay Police Act. The Magistrate took cognizance and issued process, which t…
RAM PRASADversusSTATE OF MAHARASHTRA
1999 INSC 24312 May 1999Disposed off
The case involved a mercenary killing where the victim Ramu Somani survived and gave a statement to a magistrate, which the prosecution treated as a dying declaration. The Supreme Court held that because the declarant was alive, the statement could not be admitted under Section 32 of the Evidence Act and could only be …