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Supreme Court of India

K T THOMAS

328 judgments delivered by benches including this judge — showing 201–328.

STATE OF HARYANAversusBHAGIRATH AND ORS.

1999 INSC 24412 May 1999Appeal(s) allowed

The father, Bhagirath, and his two nephews were convicted by the Sessions Court for the murder of Bhagirath's blind son, Subhram, under Section 302 read with Section 34 of the IPC. The High Court upheld the nephews' convictions but acquitted Bhagirath, invoking a "benefit of doubt" despite reliable eye‑witness testimon

BHAGWAN RAMA SHINDE GOSAI AND ORS.versusSTATE OF GUJARAT

1999 INSC 24612 May 1999Disposed off

The appellants were convicted by a trial court under Section 392 read with Section 397 of the Code of Criminal Procedure and sentenced to ten years’ rigorous imprisonment. They appealed to the Gujarat High Court, seeking suspension of the sentence, which was denied, and later also sought an expedited hearing of the app

RAJESH BAJAJversusSTATE NCT OF DELHI AND ORS.

1999 INSC 10112 March 1999Appeal(s) allowed

Rajesh Bajaj, a garment exporter, filed a complaint alleging that a German buyer promised payment on receipt of invoices but paid only a part of the amount and later reneged on a further promise. The complaint invoked Sections 415 and 420 of the IPC, and the FIR was subsequently quashed by the Delhi High Court on the g

MICHAL MACHADO AND ANR.versusCENTRAL BUREAU OF INVESTIGATION AND ANR.

2000 INSC 6612 February 2000Appeal(s) allowed

The Supreme Court examined whether a Metropolitan Magistrate could, at a very advanced stage of trial, implead two bank officials as additional accused under Section 319 of the Criminal Procedure Code. The trial had already examined 49 witnesses, and only the statements of three subsequent witnesses suggested possible

STATE OF U.P.versusLAKHMI

1998 INSC 8612 February 1998Appeal(s) allowed

The husband, Lakhmi, was alleged to have killed his young wife by striking her head with a spade (phali) and a blunt instrument (kunda). Several eyewitnesses saw the assault, and the accused, when examined under Section 313 of the CrPC, admitted killing his wife with a kunda, denying the use of the phali. The trial cou

M.P. ELECTRICITY BOARDversusSHAIL KUMARI AND ORS.

2002 INSC 2112 January 2002Dismissed

The Madhya Pradesh Electricity Board (MPEB) was sued by the dependents of a workman who died after riding over a live electric wire that had fallen on a rain‑soaked road. The Board argued that the wire fell because a third party had illegally tapped the line, invoking the "act of a stranger" exception to strict liabili

PANKAJBHAL NAGJIBHAI PATELversusTHE STATE OF GUJARAT AND ANR.

2001 INSC 2312 January 2001Disposed off

The appellant was convicted under Section 138 of the Negotiable Instruments Act and sentenced by a Judicial Magistrate of First Class to six months' imprisonment and a fine of Rs 83,000. The conviction and sentence were affirmed by the Sessions Judge and the Gujarat High Court. On appeal to the Supreme Court, the appel

KARI CHOUDHARYversusMOST. SITA DEVI AND ORS.

2001 INSC 60311 December 2001Appeal(s) allowed

The brother of the deceased appealed against the Patna High Court’s order quashing criminal proceedings against the mother‑in‑law, Sita Devi, and others. Sita Devi had originally lodged FIR No. 135 alleging outsiders murdered her daughter‑in‑law, but police later discovered that the murder was a conspiracy involving he

RATAN SINGHversusVIJAY SINGH AND ORS.

2000 INSC 58311 December 2000Appeal(s) allowed

Ratan Singh obtained a decree for possession of his property in 1970, but did not file an execution petition. The respondent filed a first appeal, dismissed in 1973, and later a second appeal which the High Court rejected as time‑barred. Ratan Singh later relied on the High Court order to revive the decree and filed an

BASAVARAJ R. PATIL AND ORS.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 47711 October 2000Disposed off

The appellants were charged under the Dowry Prohibition Act and Section 498‑A IPC for dowry harassment. After the prosecution evidence was closed, the trial court dispensed with personal examination of two accused under Section 313 CrPC and acquitted them. The High Court set aside the acquittal, directing personal exam

T. HAMZAversusSTATE OF KERALA

1999 INSC 32011 August 1999Appeal(s) allowed

The appellant was charged under Section 21 of the NDPS Act for possessing 1.75 grams of brown sugar after police searched him at a bridge based on prior information. The defence argued that the police failed to comply with the mandatory safeguards of Section 50(1), which require informing the accused of his right to be

STATE OF MAHARASHTRAversusBHARAT CHAGANLAL RAGHANA AND ORS.

2001 INSC 28911 July 2001Case Partly allowed

The State of Maharashtra appealed the acquittal of B.C. Raghani (A1), Subhash Bind (A5) and Shekhar Kadam (A6) in a contract‑killing case involving the murder of businessman Pradeep Jain. The prosecution’s case hinged on confessional statements of A5 and A6 recorded by a DCP under Section 15 of the Terrorist and Disrup

SMT. KANTI DEVI AND ANR.versusPOSHI RAM

2001 INSC 27611 May 2001Dismissed

Smt. Kanti Devi and her husband Poshi Ram were married in 1975 and a child was born to her in 1989 after fifteen years of childlessness. The husband filed a suit seeking a declaration that he was not the father, alleging that he had no access to his wife at the time of conception, thereby attempting to rebut the conclu

REGISTRAR OF COMPANIESversusRAJSHREE SUGAR AND CHEMICALS LTD. AND ORS.

2000 INSC 31611 May 2000Appeal(s) allowed

The Registrar of Companies (appellant) filed a criminal complaint against Rajshree Sugar and Chemicals Ltd. and others (respondents) alleging default in transferring share certificates in violation of Section 113 of the Companies Act, 1956. The Chief Judicial Magistrate dismissed the complaint on the ground that it was

STATE THROUGH SUPERINTENDENT OF POLICE, CBI/SIT ETC.versusNALINI AND ORS. ETC. ETC.

1999 INSC 23511 May 1999Disposed off

The case concerns the assassination of former Indian Prime Minister Rajiv Gandhi by a human bomb at Sriperumbudur on May 21, 1991, orchestrated by the LTTE. The Supreme Court heard appeals from 26 accused convicted by a Designated Court under TADA and IPC, along with a death reference. The Court held that the prosecuti

LOKEMAN SHAH AND ANR. ETC. ETC.versusSTATE OF WEST BENGAL ETC. ETC.

2001 INSC 20111 April 2001Dismissed

In 1984 a communal riot in Calcutta led to the murder of two police officers. Four persons were initially sentenced to death, but on retrial only Lokeman Shah and Nasim @ Naso were convicted; the High Court altered Shah's sentence to life imprisonment and upheld Naso's death sentence. Both appellants challenged their c

DR. RAJINDER SINGHversusTHE STATE OF PUNJAB AND ORS.

2001 INSC 20311 April 2001Case Allowed

Dr. Rajinder Singh filed a writ petition challenging the promotion of respondent No.3 to Deputy Director (Health Services) on the ground that the respondent had not completed the ten years of service required under Rule 9A(c) of the Punjab Civil Medical (State Service Class I) Rules, 1972. The Punjab High Court dismiss

STATE OF U.P.versusBABU RAM

2000 INSC 21211 April 2000Appeal(s) allowed

The State prosecuted Babu Ram for the murder of his parents and brother, relying on circumstantial evidence such as his own statements, recovery of spades and a blood‑stained cloth, and his pointing to the burial site. The trial court convicted him and imposed the death penalty, but the Allahabad High Court acquitted h

AJAIB SINGHversusSTATE OF PUNJAB

2000 INSC 20911 April 2000Dismissed

Ajaib Singh and Sapinder Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. They appealed, arguing that the statute only criminalises "poppy straw" and that poppy husk is neither defined nor contains more than 0.2% morphine. The Supreme Court

DURGA DEVI AND ANR.versusSTATE OF H.P. AND ORS.

1997 INSC 40911 April 1997Leave Granted & Disposed off

The appellants were appointed as voluntary teachers under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 contested the appointment, alleging he was more meritorious and that the Selection Committee should not have preferred the appellants. The Himachal Pradesh Administrative Tribunal qua

KULDIP CHANDversusSTATE OF H.P. AND ORS.

1997 INSC 41011 April 1997Leave Granted & Allowed

Kuldip Chand was appointed as a voluntary teacher on a tenure basis under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 challenged the appointment, alleging that he was academically superior and that the Selection Committee unjustifiably awarded higher viva‑voce marks to the appellant (

STATE OF TAMIL NADUversusKUTTY @ LAKSHMI NARASIMHAN

2001 INSC 35610 August 2001Appeal(s) allowed

The appellant, a watchman, was convicted of murder under Sections 302 and 34 of the IPC and sentenced to death, but the High Court acquitted him on the ground that his judicial confession was retracted and that victim's articles were recovered before the confession. The Supreme Court held that a retracted confession is

STATE OF KARNATAKAversusTHE REGISTRAR GENERAL HIGH COURT OF KARNATAKA

2000 INSC 39810 August 2000Disposed off

The Karnataka High Court refused leave to appeal against the acquittal of seven accused in a Section 307 IPC case and, in doing so, issued sweeping remarks about the state of criminal justice, especially criticizing the police, and directed the Home Secretary and Home Minister to report the government's reaction. The S

GADE LAKSHMI MANGRAJU @ RAMESHversusSTATE OF ANDHRA PRADESH

2001 INSC 28710 July 2001Dismissed

The appellant was convicted of murder and criminal breach of trust under IPC Sections 302, 34 and 404, based largely on circumstantial evidence, including a sniffer dog tracking, fingerprint evidence, and identification of stolen ornaments. The defence challenged the reliability of the sniffer dog evidence, the absence

AJIT PRASAD GUPTAversusSTATE OF U.P. AND ORS.

[1997] SUPP. 2 S.C.R. 25810 July 1997Dismissed

Ajit Prasad Gupta, whose government service was terminated on 5 January 1972, repeatedly challenged the termination through a series of petitions before the High Court, the U.P. Public Service Tribunal, and the Supreme Court between 1974 and 1981, all of which were dismissed. After each dismissal he filed another petit

RAMDEO CHAUHAN@ RAJ NATHversusSTATE OF ASSAM

2001 INSC 27210 May 2001Dismissed

The Supreme Court considered a review petition filed by R.D. Chauhan, who claimed he was a juvenile at the time of committing murder under Section 302 IPC and therefore could not be sentenced to death. The petition argued that the trial and appellate courts failed to apply the Juvenile Justice Act, 1986, and that the c

UNION OF INDIA AND ORS.versusR.P. YADAV ETC.

2000 INSC 31310 May 2000Appeal(s) allowed

The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they had been misled abou

ARVIND @ PAPPUversusSTATE (DELHI ADMINISTRATION)

1999 INSC 23310 May 1999Dismissed

Arvind @ Pappu (appellant) killed his co‑villager Ajaib Singh (deceased) by luring him with a promised job, taking him to his tailoring factory, and leaving him alone on a cutter's table where he was later found dead with a neck wound, scissors and blood stains. The prosecution relied solely on circumstantial evidence,

UKARAMversusSTATE OF RAJASTHAN

2001 INSC 19710 April 2001Appeal(s) allowed

Ukaram was convicted for the murder of his wife and minor daughter based solely on the wife's dying declaration. The wife, Parveena, was alleged to have suffered from mental illness, raising doubts about her capacity to make a reliable statement. The Supreme Court examined whether the prosecution had proved beyond reas

STATE OF HARYANAversusNAURATTA SINGH AND ORS.

2000 INSC 13510 March 2000Appeal(s) allowed

Nauratta Singh was convicted of murder and sentenced to life imprisonment. While his appeal was pending, he remained on bail for several years. He claimed that the period spent on bail should be counted towards remission under the Haryana Government's instructions granting remission to convicts on parole or furlough. T

SAKETH INDIA LTD. AND ORS.versusINDIA SECURITIES LTD.

1999 INSC 9510 March 1999Dismissed

The appellants issued cheques that bounced, and the respondent served a notice demanding payment on 29 September 1995. Under Section 138(c) of the Negotiable Instruments Act, the appellants had 15 days to pay, which expired on 14 October 1995, giving rise to a cause of action on 15 October 1995. The respondent filed a

NARAYANARU THRIVIKRANARUversusV. MADHAVAN POTTY AND ORS.

2000 INSC 6010 February 2000Appeal(s) allowed

The appellant owned agricultural land that was leased to the first respondent. In 1943 a document titled "Otti and Kuzhikanam" was executed in favour of the respondent, which the appellant claimed was a usufructuary mortgage. The trial court held the document to be a mortgage, declared the respondent a mortgagee and de

SURESH CHAND JAINversusSTATE OF MADHYA PRADESH AND ANR.

2001 INSC 1910 January 2001Dismissed

The appellant was named in a private complaint alleging offences under the Prizes, Chits and Money Circulation Scheme (Prohibition) Act and IPC 420. The Chief Judicial Magistrate, without examining the complainant on oath, ordered the police to register an FIR and investigate under Section 156(3) of the CrPC. The appel

ROSY AND ANR.versusSTATE OF KERALA AND ORS.

2000 INSC 1210 January 2000Appeal(s) allowed

The Excise Inspector filed a complaint under the Kerala Abkari Act before a Judicial Magistrate, who, without examining any of the ten listed witnesses, committed the case to the Sessions Court because the offences were exclusively triable there. The accused later raised, during arguments, an objection that the magistr

MIS. BALLIMAL NA VAL KISH ORE AND ANR.versusCOMMISSIONER OF INCOME TAX, BOMBAY

1997 INSC 1510 January 1997Dismissed

The appellant, who owned a cinema theatre converted from a former ginning factory, incurred large expenditures in 1960‑61 for new machinery, furniture, sanitary and electrical fittings, and extensive structural repairs. The assessee claimed a deduction under Section 10(2)(v) of the Income Tax Act, 1922, arguing the out

MADHUKAR BHASKARRAO JOSHIversusSTATE OF MAHARASHTRA

2000 INSC 5139 November 2000Dismissed

The appellant, a Sub Engineer of the Maharashtra State Electricity Board, was caught in a police‑set trap accepting cash from a private contractor after demanding a sum for sanctioning additional power load. He claimed the money was a gift, not gratification. The trial court convicted him under Section 5(2) of the Prev

CHANDRA SHEKHAR BIND AND ORS.versusSTATE OF BIHAR

2001 INSC 4919 October 2001Dismissed

Eighteen persons were charged under Sections 302 and 302 read with 149 of the Indian Penal Code for the murder of Parshuram Bind and his father. The prosecution relied mainly on two eyewitnesses, PW5 and PW6, who identified all the accused except for Accused No.12 (not identified by PW5) and Accused Nos.9 and 10 (not i

UNION OF INDIA AND ORS.versusR.K. SHARMA

2001 INSC 4929 October 2001Disposed off

The respondent, a Deputy Commandant of the Assam Rifles, was tried by a General Court Martial (GCM) for four offences under the Army Act, 1950, including disobeying orders, unbecoming conduct, and falsifying official records, and was sentenced to dismissal from service. The High Court set aside the dismissal, holding i

PRAVIN C. SHAHversusK.A. MOHD. ALI AND ANR.

2001 INSC 4939 October 2001Disposed off

The Kerala High Court convicted advocate K.A. Mohd. Ali of criminal contempt on two occasions under Section 12 of the Contempt of Courts Act, 1971. Despite the convictions, he continued to appear before courts, prompting the Kerala State Bar Council to bar him from pleading until he "purged" the contempt, invoking Rule

P. NALLAMMALversusSTATE REPRESENTED BY INSPECTOR OF POLICE

1999 INSC 3149 August 1999Dismissed

The case arose from prosecutions of former Tamil Nadu ministers under Section 13(1)(e) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to their known lawful income. Their relatives were also charged as co‑accused under Section 109 of the IPC, alleging they had abetted the ministers. The

STATE OF MAHARASHTRA AND ANR.versusNAJAKAT ALIA MUBARAK ALI

2001 INSC 2689 May 2001Dismissed

The respondent was convicted in two separate offences and was arrested on the same day, remaining in jail as an under‑trial prisoner for both cases. Each trial court granted him set‑off under Section 428 of the Criminal Procedure Code (Cr.P.C.) for the period of pre‑sentence detention. The jail authorities, relying on

STATE OF TAMIL NADUversusJ. JAYALALITHA

2000 INSC 3089 May 2000Appeal(s) allowed

The State of Tamil Nadu alleged that former Chief Minister J. Jayalalitha conspired with ten others to import coal at inflated prices, causing a loss of about Rs 6.5 crore. The Special Judge discharged her, finding the record insufficient to frame a charge, and the Madras High Court affirmed that order. On appeal, the

ARNIT DASversusSTATE OF BIHAR

2000 INSC 3119 May 2000Dismissed

Arnit Das was arrested for a murder under IPC 302 and claimed to be a juvenile, asserting a birth date of 18‑09‑1982. The Additional Chief Judicial Magistrate ordered an enquiry under Section 32 of the Juvenile Justice Act, 1986, and, after a medical board report, concluded that Das was above 16 years of age on the dat

MAHESHCHANDRA TRIPANJI GAJJARversusTHE STATE OF MAHARASHTRA AND ORS.

2000 INSC 1319 March 2000Appeal(s) allowed

The appellant sought possession of premises that had been requisitioned under the Bombay Land Requisition Act, 1948 and later allotted to a government servant (respondent No.3). The requisition order was set aside, but the servant continued in possession after retirement and after a derequisition order. The State amend

SREE JAIN SETAMBAR TERAPANTHI VID (S)versusPHUNDAN SINGH AND ORS.

1999 INSC 509 February 1999

The Jain Swetambar Terapanthi Society, which runs several schools, terminated the services of its headmaster, Phundan Singh, and expelled several members. It sued for a declaration that the headmaster had ceased to hold office and for a temporary injunction restraining the expelled members from interfering with the sch

PREM BAKSHI AND ORS.versusDHARAM DEV AND ORS.

2002 INSC 119 January 2002Appeal(s) allowed

The appellants, legal heirs of mortgagees, filed a suit for declaration of joint ownership of mortgaged land and an injunction against the respondent who had his name entered in revenue records. They later sought to amend the plaint under Order 6 Rule 17 CPC to include facts about a prior pre-emption suit and non‑payme

SHASHI KAPILAversusR.P.ASHWIN

2001 INSC 5678 November 2001Disposed off

The landlord sought eviction of a long‑term tenant under Section 21(1) of the Karnataka Rent Control Act, claiming bona‑fide need for occupation and rent arrears. The tenant argued that the landlord had entered into a sale agreement with a partnership firm of which the tenant was a partner, invoking Section 53‑A of the

CENTRAL BUREAU OF INVESTIGATION ETC.versusV.K. SEHGAL AND ANR.

1999 INSC 4688 October 1999Appeal(s) allowed

The CBI and the State of Haryana prosecuted V.K. Seghal, a public servant, under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947 for receiving a bribe. The Special Judge convicted him and sentenced him to two years' rigorous imprisonment and a fine. Seghal appealed to the Punjab and Haryana H

RAJ DEO SHARMAversusTHE STATE OF BIHAR

1998 INSC 3848 October 1998Appeal(s) allowed

R.D. Sharma was charged under the Prevention of Corruption Act, 1947 for an offence alleged in an FIR dated 2 November 1982. After a charge‑sheet in 1985, the Special CBI Judge framed charges only in 1993 and, by June 1995, had examined merely three of the forty witnesses listed. Sharma filed a writ petition seeking qu

STATE OF HIMACHAL PRADESHversusGITA RAM

2000 INSC 4388 September 2000Disposed off

The respondent, Gita Ram, was charged under Section 376 of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was committed by a magistrate to a Sessions Court that had been designated as a Special Court for offences under the SC/ST Act, and that Court trie

STATE OF PUNJABversusGURDEEP SINGH

1999 INSC 3838 September 1999Dismissed

The State of Punjab charged Gurdeep Singh with the rape and murder of a ten‑year‑old girl. The prosecution’s case rested on an extra‑judicial confession made by the accused to a taxi driver (PW‑7) after a delay of about 24 days, and on the testimony of an uncle (RS) who claimed to have seen the accused following the gi

RAM SARAN MAHTO AND ANR.versusTHE STATE OF BIHAR

1999 INSC 3848 September 1999Appeal(s) allowed

The deceased Asha Kumari was found dead in a well at her marital home and was hurriedly cremated by her husband and relatives. The appellants, including Ram Saran Mahto, were charged under Sections 302, 34, 201, 342 and 379 IPC. While the trial court acquitted them of murder, it convicted them under Section 201 IPC for

RAKESH KUMAR JAINversusSTATE THROUGH CBI, NEW DELHI

2000 INSC 3838 August 2000Dismissed

A criminal complaint under Sections 5(4) read with 5(2) and 5(3) of the Official Secrets Act, 1923 was filed by the Union of India through the CBI against Rakesh Kumar Jain. The appellant sought discharge under Section 245 of the CrPC, arguing that the complaint was barred by limitation because the order authorising th

BIHAR STATE ELECTRICITY BOARD AND ANR.versusUSHA MARTIN INDUSTRIES AND ANR.

1997 INSC 4998 May 1997Dismissed After

The Bihar State Electricity Board imposed a central excise duty on electricity generation and merged it into a uniform tariff, later levying a surcharge. When the central excise duty was abolished, the Patna High Court held that the Board should reduce the uniform tariff. The Board appealed, arguing that tariff fixatio

SERAI KELLA GLASS WORKS PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, PATNA

1997 INSC 3878 April 1997Dismissed

Sera Kella Glass Works, a sheet‑glass manufacturer, filed price lists and paid excise duty based on its own calculations. The Assistant Collector issued several show‑cause notices, directed provisional assessment under Rule 9‑B and later modified the price list, disallowing most deductions. The Patna High Court quashed

ARIVAZHAGANversusSTATE, REPRESENTED BY INSPECTOR OF POLICE

2000 INSC 1288 March 2000Disposed off

Arivazhagan was charged under Section 13(1)(c) of the Prevention of Corruption Act, 1988 read with Section 109 of the IPC. He filed a defence list of 267 witnesses. The Special Judge examined the list and, on the ground of avoiding delay, allowed only a few witnesses from each division. The Madras High Court slightly i

R. RATHINAMversusSTATE BY DSP, DISTRICT CRIME BRANCH, MADURAI DISTRICT, MADURAI AND ANR.

2000 INSC 568 February 2000Appeal(s) allowed

In 1997 a massacre in Madurai led to the arrest of 34 persons, many of whom were later released on bail. The victims' relatives sought the High Court's intervention to cancel the bail, but the State did not move the court. A group of 75 practising advocates filed petitions before the Chief Justice of the Madras High Co

CHEERANTHOODIKA AHMED KUTTY AND ANR.versusPARAMBUR MARIAKUTTY UMMA AND ORS.

2000 INSC 578 February 2000Appeal(s) allowed

The Supreme Court considered two appeals (Civil Appeals Nos. 3067 and 8475 of 1997) filed by the office‑bearers of Vallarnbram Juma Masjid against the order of the Kerala High Court which had upheld the Taluk Land Board's determination that certain parcels of land, claimed by the mosque as having been transferred befor

HARISH CHANDRA TIWARIversusBAIJU

2002 INSC 88 January 2002Disposed off

Harish Chandra Tiwari, an advocate, withdrew Rs 8118 compensation payable to his client Baiju in a land‑acquisition case and failed to return it. He further filed a forged affidavit claiming a settlement with the client. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct,

STATE OF U.P.versusHARI MOHAN AND ORS.

2000 INSC 5087 November 2000Case Partly allowed

The State prosecuted Hari Mohan for the murder of his sister‑in‑law Roop Devi, whose body was found in a gunny bag with gunshot wounds. The trial court convicted Hari Mohan under Sections 302 and 34 of the IPC and sentenced him to life imprisonment, while other accused were convicted under Section 201. The Allahabad Hi

SEWA KAURversusSTATE OF PUNJAB

1996 INSC 13077 November 1996Dismissed

Sewa Kaur and her paramour Bakhshish Singh were convicted for the murder of Sewa's husband, Havaldar Gurdev Singh, under IPC sections 302 and 201. The prosecution relied on the sole eyewitness testimony of the victim's son, extra‑judicial confessions made to a police informant, medical evidence of fatal head injuries,

STATE OF HARYANAversusM/S MARUTI UDYOG LTD. AND ORS.

2000 INSC 4377 September 2000Disposed off

The State of Haryana appealed against the Haryana Sales Tax Tribunal’s order directing Maruti Udyog Ltd. to deposit the full tax, interest and penalty before its appeal could be entertained. Maruti argued that the proviso to sub‑section (5) of Section 39 of the Haryana General Sales Tax Act, 1973, allowed an appeal wit

SANJAY @ KAKAversusTHE STATE (NCT OF DELHI)

2001 INSC 777 February 2001Dismissed

The appellants Sanjay, Nawabuddin and Vinod were convicted for murder and robbery after the police recovered a weapon, blood‑stained clothes and stolen jewellery based on their disclosure statements made under Section 27 of the Evidence Act. The defence argued that the statements were inadmissible because they containe

GAYA PRASADversusSH. PRADEEP SRIVASTAVA

2001 INSC 787 February 2001Dismissed

The landlord filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the premises were needed for his son’s medical clinic and his own radio‑repair business. The prescribed authority ordered eviction in 1982; the order was upheld by th

STATE OF HLMACHAL PRADESHversusSURINDER MOHAN AND ORS.

2000 INSC 537 February 2000

The State prosecuted Surinder Mohan and others for murder and related offences. An accomplice, Sandeep Kumar, was granted pardon by the Chief Judicial Magistrate and his statement was recorded before the case was committed to the Sessions Court, but the accused were not cross‑examined at that stage. During the trial th

MAMMUversusHARI MOHAN AND ANR.

2000 INSC 117 January 2000Dismissed

The appellant, a tenant, sought purchase of kudikidappu rights under the Kerala Land Reforms Act, 1963. The Land Tribunal dismissed his application, but the Appellate Authority allowed it. The High Court, on revision, set aside the Appellate Authority’s order, remanded the matter for fresh consideration, and held that

SURESH CHANDRA PODDARversusDHANI RAM AND ORS.

2001 INSC 5996 December 2001Disposed off

The Central Administrative Tribunal (CAT) ordered a fresh seniority list on 3 November 1999 without fixing a time‑limit for compliance. The Director of Education complied on 27 October 2000, while the order was simultaneously challenged before the Delhi High Court under Article 226. Despite the compliance and the pendi

GURA SINGHversusTHE STATE OF RAJASTHAN

2000 INSC 5746 December 2000Dismissed

Gura Singh was convicted of murdering his father under IPC 302. The prosecution relied on the appellant’s extra‑judicial confession to several relatives (PW 2, 5, 6, 7) and on the recovery of the murder weapon and a blood‑stained sheet disclosed by the accused. Some of the witnesses were later declared hostile, and the

LEELA RAM (D) THROUGH DULI CHANDversusSTATE OF HARYANA AND ANR.

1999 INSC 4616 October 1999Appeal(s) allowed

The accused Om Prakash was charged under Section 302 IPC and Section 27 of the Arms Act for shooting Maman Ram during a village dispute. The trial court convicted him based on eye‑witness testimony, ballistic evidence and the post‑mortem report, sentencing him to life imprisonment. The Punjab & Haryana High Court acqui

NARSINGH DAS TAPADIAversusGOVERDHAN DAS PARTANI AND ANR.

2000 INSC 4366 September 2000Appeal(s) allowed

The appellant, Narsingh Das Tapadia, lent Rs. 2,30,000 to the respondent, G.D. Partani, who issued a post‑dated cheque that was dishonoured on 6 October 1994. After serving a notice on 26 October 1994, the appellant filed a complaint under Section 138 of the Negotiable Instruments Act on 8 November 1994, which was retu

ANIL RAIversusSTATE OF BIHAR

2001 INSC 3426 August 2001Disposed off

The Supreme Court examined appeals by several accused convicted of murder and offences under the Arms Act. It addressed whether the two‑year delay by the Patna High Court in pronouncing its judgment violated the right to speedy justice under Article 21 and the right of appeal. The Court held that such unexplained delay

UMAR ABDUL SAKOOR SORA THIAversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

1999 INSC 3106 August 1999Dismissed

The police intercepted a truck carrying a large consignment of Mandrax tablets that had been dispatched from an Indian port to a fictitious foreign company. The appellant, the chairman of the clearing agency that took possession of the consignment during off‑loading, was identified by a police inspector through a photo

VALLAPALLY PLANTATIONS PVT. LTD.versusSTATE OF KERALA

1999 INSC 2266 May 1999Appeal(s) allowed

Vallapally Plantations Pvt Ltd owned 130.47 acres and claimed that 125 acres were exempt from ceiling‑area calculations because they were rubber plantation as of 1 January 1970 under the Kerala Land Reforms Act. The Taluk Land Board rejected the claim, held a surplus of 115.17 acres and ordered surrender; the High Cour

STATE OF WEST BENGALversusNARAYAN K. PATODIA

2000 INSC 1976 April 2000Appeal(s) allowed

The West Bengal Sales Tax Bureau, after investigating alleged fraud by Narayan K. Patodia involving forged applications and tax evasion, forwarded a complaint to the police which resulted in the registration of an FIR under several IPC offences and sections of the West Bengal Sales Tax Act. The Calcutta High Court quas

K. BHAGIRATHI G. SHENOY AND ORS.versusK.P. BALLAKURAYA AND ANR.

1999 INSC 1586 April 1999Appeal(s) allowed

The appellant, a lessor, executed a 1951 lease of a residential building together with adjoining land, expressly prohibiting the lessee from making any improvements on the land and allowing only the usufruct of existing trees. After the Kerala Land Reforms Act, 1963 came into force, the respondent, claiming to be a cul

M.M. THOMASversusSTATE OF KERALA AND ANR

2000 INSC 56 January 2000Dismissed

M.M. Thomas claimed that 20 acres of his private forest were exempt from vesting in the State of Kerala under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal rejected his claim and the Kerala High Court, while upholding the Tribunal’s view on Section 3(3), entertained

CANARA BANK AND ORS.versusNATIONAL THERMAL POWER CORPORATION AND ANR.

2000 INSC 5715 December 2000Appeal(s) allowed

Canara Bank, as the principal trustee of Canara Bank Mutual Fund, purchased NTPC bonds from a bank that later went into liquidation and sought registration of the bonds in the trustee's name and payment of redemption proceeds. NTPC refused registration without a no‑objection certificate from the liquidator and later at

C.B.I., A.H.D., PATNAversusBRAJ BHUSHAN PRASAD AND ORS.

2001 INSC 4855 October 2001Disposed off

The Supreme Court examined whether 36 fodder‑scam cases, originally filed before the Special Court in Patna, were transferred to courts in the newly created State of Jharkhand under Section 89 of the Bihar Reorganisation Act, 2000. The Court held that the word “exclusively” in that provision means “substantially all or

SATVINDER KAURversusSTATE (GOVT. OF N.C.T. OF DELHI) AND ANR.

1999 INSC 4555 October 1999Appeal(s) allowed

Satvinder Kaur filed a complaint alleging dowry harassment and torture by her husband Rajinder Singh and his parents in Patiala. An FIR under IPC sections 406 and 498A was later lodged in Delhi. The husband sought quashing of the FIR on the ground that the Delhi police officer lacked territorial jurisdiction to investi

STATE OF KARNATAKAversusK. YARAPPA REDDY

1999 INSC 4565 October 1999Appeal(s) allowed

The State of Karnataka prosecuted K. Y. Reddy under Section 302 IPC for murdering his lover Rekha with a chopper inside the house of a family friend (PW‑11). The trial court convicted Reddy based primarily on the eye‑witness testimony of PW‑11, who saw the accused stab the victim, and on forensic evidence linking the b

SMT. KAMLESH KOHLI AND ANR.versusESCOTRAC FINANCE AND INVESTMENT LTD. AND ORS.

1999 INSC 4575 October 1999Dismissed

The respondents filed a summary suit under Order XXXVII of the CPC for recovery of Rs.85,62,500 based on a memorandum of agreement signed by the plaintiffs and the defendants. Defendants 1 and 2 applied for unconditional leave to defend, which was dismissed by the trial judge, while the trial judge granted leave to def

NARAYAN CHETANRAM CHAUDHARY AND ANR.versusSTATE OF MAHARASHTRA

2000 INSC 4325 September 2000Dismissed

The appellants, Narayan Chetanram Chaudhary and Jitu, along with Raju, murdered seven members of a family, including two children and a pregnant woman, to conceal a robbery. Raju later became an approver after the trial court granted him pardon and recorded his confession. Both the trial court and the High Court convic

P.P. UNIKRISHNAN AND ANR.versusPUTTIYOTTIL ALIKUTTY AND ANR.

2000 INSC 4335 September 2000Dismissed

The petitioners, a Sub‑Inspector and a Constable of the Kerala Police, were charged with offences of assault, grievous hurt, attempt to murder and criminal intimidation under the IPC for illegally confining and beating a shop‑keeper in a police lock‑up. They argued that the trial court should not have taken cognizance

KANTI BHADRA SHAH AND ANRversusTHE STATE OF WEST BENGAL

1999 INSC 2685 July 1999Dismissed

A charge sheet under IPC sections 454, 380 and 120B was filed against the appellants before a Metropolitan Magistrate who, after hearing them, framed charges and dismissed their petition for discharge. The appellants approached the Calcutta High Court seeking quash of the charge; the High Court set aside the charge but

ABDUL NAZAR MADANI ETCversusSTATE OF TAMIL NADU AND ANR.

2000 INSC 2905 May 2000Dismissed

The petitioners, among 181 accused in the Coimbatore serial bomb blast case, filed a transfer petition under Sections 406 and 407 of the Criminal Procedure Code seeking to move the trial from Coimbatore, Tamil Nadu to Kerala, alleging that communal tension in the state would prevent a fair and impartial trial and that

MANOJversusSTATE OF MADHYA PRADESH

1999 INSC 1545 April 1999Appeal(s) allowed

Manoj was arrested in a Rajasthan NDNDPS case and bail was granted, but he remained in custody because he was subsequently arrested in a separate Madhya Pradesh NDNDPS case. The Madhya Pradesh authorities failed to produce him before a magistrate within the constitutionally mandated 24‑hour period and did not file a ch

KUNJAN VASUversusMADHAVAN ACHARI AND ORS.

2001 INSC 5914 December 2001Appeal(s) allowed

The appellant, a Kudikidappukaran, occupied a hut (Kudikidappu) on land belonging to the first respondent. He was permitted to occupy the hut by a mortgagee who held a mortgage over only two cents of the land. The appellant applied to purchase ten cents of land adjoining his Kudikidappu, as provided by Section 80A(3) o

STATE OF MAHARASHTRAversusMRS. BHARATI CHANDMAL VARMA @AYESHA KHAN

2001 INSC 5924 December 2001Dismissed

The respondent, Ayesha Khan (also known as Bharati Chandmal Varma), was arrested on 1 April 2001 for several IPC offences and remanded on 2 April. During investigation, authorities discovered organised crime offences under the Maharashtra Control of Organised Crime Act, 1999 (MCOC) and obtained approval under Section 2

JIVAN LAL AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 14364 December 1996Dismissed

Thirteen persons were tried for the murder of Mohan Lal on 11 June 1984. The trial court convicted eleven, acquitting two; the High Court later acquitted eight of the convicted and upheld the conviction of three appellants under sections 148 and 302/149 IPC. The appellants challenged the reliance on the sole eye‑witnes

NAVINCHANDRA N. MAJITHIAversusSTATE OF MAHARASHTRA AND ORS.

2000 INSC 4314 September 2000Appeal(s) allowed

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the Meghalaya police to tran

MATHEVAN PILLAI PADMANABHA PILLAIversusARULAPPAN NADAR YOVAN NADAR AND ORS.

1998 INSC 3484 September 1998Dismissed

The appellant sought redemption of a 1947 usufructuary mortgage, but the respondents contended that they had become deemed tenants under Section 4A of the Kerala Land Reforms Act, 1964 (as amended by Act 35 of 1969) because they had possessed the mortgaged land continuously for more than fifty years prior to 1 January 

GHULAM HUSSAIN AND ANR.versusSTATE OF DELHI

2000 INSC 3754 August 2000Case Partly allowed

The deceased, Islamuddin, died from burn injuries after his in‑laws allegedly poured kerosene on him and set him alight. His statements recorded by an Assistant Sub‑Inspector (ASI) in the hospital and by a magistrate were treated as dying declarations. The Supreme Court examined whether the ASI's statement, made before

JOGENDRA NAHAK AND ORS.versusSTATE OF ORISSA AND ORS.

1999 INSC 3014 August 1999Dismissed

Four persons, not parties to a criminal case, filed a writ petition seeking that their statements be recorded under Sections 161 and 164 of the Criminal Procedure Code. The Orissa High Court initially directed a magistrate to record their statements under Section 164, later reversed the order and dismissed the petition

DALBIR SINGHversusSTATE OF HARYANA

2000 INSC 2844 May 2000Dismissed

The appellant, a bus driver for Haryana Roadways, knocked down and killed a cyclist and was convicted under IPC Sections 279 (rash driving) and 304-A (causing death by negligence). He appealed, seeking the benevolent provision of Section 4 of the Probation of Offenders Act, 1958, arguing that he could be released on pr

SURINDRA NATH MOHANTHY AND ANR.versusSTATE OF ORISSA

1999 INSC 2174 May 1999Case Partly allowed

Surindra Nath Mohanty and another were convicted under Sections 307, 326, 325, 324 and 323 read with Section 34 of the IPC. The Orissa High Court set aside the conviction under Section 307 but upheld the others, rejecting the appellants' request to compound the offences on the ground that the dispute had been settled.

STATE OF U.P. AND ORS.versusASHOK KUMAR SAXENA AND ANR ETC.

1998 INSC 604 February 1998Appeal(s) allowed

The State Government of Uttar Pradesh transferred two Assistant Engineers, which was challenged by the second respondent. The Allahabad High Court dismissed the challenge and later, after President's rule, stayed the transfer and issued fresh orders. The High Court then directed the Engineer‑in‑Chief (appellant) to app

HOPE PLANTATIONS LTD.versusT ALUK LAND BOARD, PEERMADE AND ANR .

1998 INSC 4093 November 1998Case Partly allowed

Hope Plantations Ltd., which owned a large tea estate, claimed exemption from the ceiling area under the Kerala Land Reforms Act for land classified as fuel area, rested tea area, roads and buildings, and other agricultural land interspersed. The Taluk Land Board initially disallowed the fuel and rested tea claims, but

N.G. DASTANEversusSHRIKANT S. SHIVDE AND ANR.

2001 INSC 2483 May 2001Disposed off

N.G. Dastane, an aggrieved witness, filed a complaint against advocates Shri Shrikant S. Shivde and his colleague for repeatedly seeking adjournments to avoid his cross‑examination in a theft‑of‑electricity case, despite his presence in court. The Judicial Magistrate granted each adjournment, causing hardship to the wi

M/S. SIL IMPORT, USAversusM/S. EXIM AIDES SILK EXPORTERS, BANGALORE

1999 INSC 2143 May 1999Appeal(s) allowed

Sil Import USA issued post‑dated cheques that were returned for insufficient funds. Exim Aides Silk Exporters sent a notice of demand to the drawer by fax on 11‑June‑1996 and again by registered post on 25‑June‑1996. A complaint under Section 138 of the Negotiable Instruments Act was filed on 8‑August‑1996, beyond the

MOHMOODKHAN MAHBOOBKHAN PATHANversusSTATE OF MAHARASHTRA

1997 INSC 873 February 1997Appeal(s) allowed

The appellant, a Sub‑Registrar, was convicted under Section 161 IPC and Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947 for allegedly receiving Rs 60 as illegal gratification for issuing certified copies of sale deeds. The prosecution set up a trap and caught him taking the money, but the appel

SURYANARAYANAversusSTATE OF KARNATAKA

2001 INSC 33 January 2001Dismissed

The appellant Suryanarayana was convicted under IPC Section 302 for the murder of Saroja, based primarily on the testimony of a four‑year‑old child witness, Bhavya, who identified the appellant as the assailant. The appellant appealed, arguing that a conviction cannot rest on the sole testimony of a child and pointing

SMT. KAUSHNUMA BEGUM AND ORS.versusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.

2001 INSC 43 January 2001Disposed off

The appellant's husband was killed when the front tyre of a jeep burst, causing the vehicle to capsize and crush a pedestrian. The widow and children filed a claim for compensation before the Motor Accidents Claims Tribunal, which dismissed the claim on the ground that there was no negligence, awarding only Rs 50,000 u

NEW INDIA ASSURANCE COMPANYversusSHRI SATPAL SINGH AND ORS.

1999 INSC 5432 December 1999Dismissed

A ten‑year‑old girl died in a truck accident on 11 March 1990 while travelling as a gratuitous passenger. Her father, brother and sister claimed compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs. 25,000, directing New India Assurance Company, the insurer of the vehicle,

STATE OF MAHARASHTRAversusBHARAT FAKIRA DHIWAR

2001 INSC 5492 November 2001Appeal(s) allowed

The State prosecuted Bharat Fakira Dhivar for the murder and rape of a three‑year‑old girl, Nisha, relying on the testimony of two child witnesses who saw the accused carrying a blood‑stained bag, and on forensic evidence linking the accused to the crime. The trial court convicted the accused under Sections 302, 376 an

NAZIR AHMAD BHAITversusSTATE OF DELHI

2001 INSC 5482 November 2001Dismissed

Nazir Ahmad Bhatti, a bank manager, was arrested after a police raid recovered a cassette, stickers and floppies allegedly containing secessionist material. He gave a confession to the Deputy Commissioner of Police (PW‑4) under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The appellant

ROSHANDEENversusPREETILAL

2001 INSC 5502 November 2001Appeal(s) allowed

Roshan Deen, a workman injured while operating machinery at Preeti Lal's flour mill, claimed compensation under the Workmen's Compensation Act, 1923. While the claim was pending, the Commissioner dismissed it on the basis of an alleged agreement between the parties that Deen would withdraw his claim, an agreement later

VEERA EXPORTSversusT. KALAVATHY

2001 INSC 5532 November 2001Disposed off

The respondent issued eight cheques to the appellant in April 1995, which were dishonoured when presented in May 1995. After being asked for more time, the respondent altered the dates of the cheques to 1996 and presented them again in July 1996, where they were again dishonoured. The appellant filed a complaint under

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 5072 November 1999Dismissed

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he filed a representati

K.C. SAREENversusC.B.I., CHANDIGARH

2001 INSC 3352 August 2001Dismissed

K.C. Sareen, a Punjab National Bank officer, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and IPC sections 120, 201 and 420 for defrauding the bank and was sentenced to one year of rigorous imprisonment and a fine. He was dismissed from service and appealed to the Punjab and Haryana High

COMMANDANT 20 BN. ITB POLICEversusSANJAY BINJOLA

2001 INSC 2452 May 2001Appeal(s) allowed

The respondent, a constable of the Indo‑Tibetan Border Police, was convicted under Section 10(1) of the Central Reserve Police Force Act and sentenced to three months' imprisonment. On appeal, the appellate court modified the sentence and directed that the order would not adversely affect the respondent's service caree

DEVI SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 4712 May 1997Dismissed

The case concerned the Sardarajanti Kalan Cooperative Agricultural Service Society, where the President, along with the Secretary and Treasurer (Cashier), were held jointly liable for an unaccounted sum of Rs 65,726.59. An award under the Haryana Cooperative Societies Act had found the three officers responsible, which

KIRAN BALAversusSURINDER KUMAR

1996 INSC 6132 May 1996Appeal(s) allowed

Kiran Bala sold her residential house to relatives to pay debts, but the sale was declared null and void as a fraudulent transfer under the Transfer of Property Act. The decree-holder sought to attach and sell the house in execution of a money decree, while the appellant claimed exemption under Section 60(1)(ccc) of th

SMT. SANTOSH YADAVversusSTATE OF,HARYANA AND ORS.

1996 INSC 6142 May 1996Appeal(s) allowed

The appellant, a Hindi teacher, was appointed on a six‑monthly contract in 1980 and regularised in 1984. In 1990 the Education Department ordered her removal, claiming her teacher‑training certificate from Uttar Pradesh was not recognised by Haryana. The Department relied on a 7 July 1981 circular that barred recruitme

SURESH AND ANR.versusSTATE OF UP

2001 INSC 1312 March 2001Dismissed

The case concerned a gruesome family murder motivated by a land dispute, for which Suresh (A‑1) and his brother‑in‑law Ramji (A‑2) were convicted of murder and sentenced to death, while their wife Pavitri Devi (A‑3) was acquitted. The State appealed the acquittal, arguing that A‑3’s presence at the scene amounted to pa

SUDHLR AND ORS.versusSTATE OF M.P.

2001 INSC 652 February 2001Disposed off

The case involved two criminal matters arising from the same encounter, one containing offences exclusively triable by a Sessions Court and the other not. Both were committed to the Sessions Court, but the Sessions Judge transferred the second case to the Chief Judicial Magistrate under Section 228(1)(a). The Supreme C

STATE OF WEST BENGALversusRASHMOY DAS AND ORS .

1999 INSC 5411 December 1999Appeal(s) allowed

The Excise Department of West Bengal seized a large quantity of spirit and arrested several persons. Because the investigation and filing of the prosecution report extended beyond six months from the date of the alleged offence, the Department sought a magistrate’s order under CrPC Section 167(5) to continue the invest

M/S. UPADHYAY AND CO.versusSTATE OF U.P. AND ORS.

1998 INSC 4521 December 1998Dismissed

Mis. Upadhyay & Co. was permitted to collect tolls on the Shastri Bridge for a limited period and later sought to continue collection at revised rates. Various writ petitions were filed in the Allahabad High Court, resulting in interim orders, a Supreme Court set‑aside of those orders, and a High Court direction dated

HARI SINGH MANNversusHARBHAJAN SINGH BAJWA AND ORS.

2000 INSC 4981 November 2000Appeal(s) allowed

The appellant challenged two orders passed by a Single Judge of the Punjab and Haryana High Court in separate miscellaneous petitions filed after the disposal of the original petition filed under Section 482 of the Criminal Procedure Code (CrPC). The High Court, without giving notice to the appellant, directed the Seni

RAM LALversusSTATE OF RAJASTHAN

2000 INSC 4991 November 2000Disposed off

The appellant was prosecuted under the Prevention of Food Adulteration Act, 1954 for selling camel's milk to a food inspector, the milk having 25% added water. The trial court acquitted him on the ground that no specific standard existed for camel's milk, but the Rajasthan High Court convicted him, holding that camel's

STATE OF MAHARASHTRAversusKESHAV RAMCHANDRA PANGARE AND ANR.

1999 INSC 5051 November 1999Appeal(s) allowed

Respondent K.R. Pangare, a retired Deputy Engineer of the Maharashtra Public Works Department, was charged in 1990 with multiple offences under the Indian Penal Code and the Prevention of Corruption Act. Although sanction for prosecution was obtained in August 1989, he challenged the criminal proceedings before the Bom

M/S. OMPARKASH SHIVPRAKASHversusK.I. KURIAKOSE AND ORS.

1999 INSC 5061 November 1999Appeal(s) allowed

The case concerned an order by a Judicial Magistrate that impleaded Mis. Omprakash Shivprakash Ltd as the sixth accused in a prosecution under Section 16(1) of the Prevention of Food Adulteration Act, 1954. The appellant challenged the order, arguing that the magistrate had no jurisdiction to invoke Section 20‑A of the

SAMEE KHANversusBJNDU KHAN

1998 INSC 3341 September 1998Dismissed

Two neighbours were litigating over a narrow lane. The plaintiff obtained an interim injunction restraining the defendant from obstructing the lane, but the defendant erected a brick wall in defiance. The trial court, invoking Order 39 Rule 2A of the Code of Civil Procedure, ordered the defendant's civil imprisonment f

STATE OF MAHARASHTRAversusDAMU AND ORS.

2000 INSC 2731 May 2000Appeal(s) allowed

The State of Maharashtra prosecuted four accused for abducting and murdering infant children as part of a superstitious ritual to uncover hidden treasure. The trial court relied on a voluntary confessional statement, corroborating circumstantial evidence, and the testimony of a child who escaped two abduction attempts,

MAHABIR CHOUDHARY ETC.versusSTATE OF B!HAR

1996 INSC 6021 May 1996Appeal(s) allowed

Thirteen residents of Kusi village were prosecuted after three men from the neighbouring Malpura village cut open a bund, diverting water during a drought. The Kusi villagers attempted to restore the bund, were resisted, and four of them shot the three intruders, causing their deaths. The trial court convicted the four

STATE OF MADHYA PRADESHversusSHRI RAM SINGH

2000 INSC 461 February 2000

The State of Madhya Pradesh filed criminal appeals against Ram Singh and two other public servants who were charged under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to their known sources of income. The investigations were authorised by the Superintenden

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