MANAGER, PINJRAPOLE DEUDAR AND ANR.versusCHAKRAM MORAJI NAT AND ORS.
1998 INSC 32931 August 1998Dismissed
The Gujarat police seized sheep and goats belonging to C.M. Nat for alleged violations of the Prevention of Cruelty to Animals Act, 1960 and related statutes. A Judicial Magistrate initially ordered that the animals be placed under the custody of the appellant Pinjrapole, but the Additional Sessions Judge later directe…
SMT. PREM LATA SHARMAversusDISTRICT MAGISTRATE, MATHURA AND ORS.
1998 INSC 16831 March 1998Case Allowed
The petitioner, the wife of Suresh Chander Sharma, challenged his preventive detention under the National Security Act, 1980. The detenu had made a representation to the State Government within the prescribed time, which was rejected, and the representation was forwarded to the Central Government, which also rejected i…
STATE OF MAHARASHTRAversusISHWAR PIRAJI KALPATRI AND ORS.
1995 INSC 81830 November 1995Appeal(s) allowed
The respondent, a senior police officer, was investigated under the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. After a FIR was lodged, the Maharashtra government granted sanction under Section 197 of the CrPC and a charge‑sheet was filed. The Bombay High Court, invoki…
KRISHNA VEER SINGH BACHAN SINGH CHAUHANversusWASUDEO MOTIRAM KALMEGH AND ANR.
1995 INSC 51730 August 1995Disposed off
The petitioner, Krishna Veer Singh Chauhan, was appointed Secretary of the Vidharbha Rashtrabhasha Prachar Samiti in 1982 but the respondents forcibly took control of the trust's affairs and properties. The petitioner obtained orders from the Joint Charity Commissioner and the Supreme Court directing the respondents to…
STATE OF HARYANAversusBRIJ LAL MITTAL AND ORS.
1998 INSC 21130 April 1998Dismissed
The State of Haryana filed a complaint alleging that two batches of sodium chloride injections purchased by a district inspector were adulterated, as reported by the Government Analyst under the Drugs and Cosmetics Act. The manufacturers, Mis Mittal Pharmaceutical Pvt. Ltd., were served with the analyst's report but fa…
STATE OF U.P.versusBAL KISHAN DAS AND ANR.
1996 INSC 125129 October 1996Disposed off
The case concerned the murder of Rama, a young woman who disappeared from her matrimonial home and whose body was later found in a hold‑all at New Delhi railway station. The prosecution relied on identification of the victim by her sister through the red saree and glass bangles, forensic evidence of strangulation, and …
K. CHANDRASEKHAR ETC.versusTHE STATE OF KERALA AND ORS.
1998 INSC 20929 April 1998Appeal(s) allowed
The Kerala Government, after initially consenting to CBI investigation of espionage cases under Section 6 of the Delhi Special Police Establishment Act, later withdrew that consent to allow State Police to conduct a "further investigation". The Supreme Court held that once the CBI, acting on the State's consent, comple…
THE NATIONAL AIRPORT AUTHORITYversusSHRI M.A. WAHAB
1994 INSC 18029 April 1994Appeal(s) allowed
Shri M.A. Wahab joined the National Airport Authority in 1957 with his date of birth recorded as 1 January 1934. After passing his matriculation in 1962, a certificate indicated his birth as 1 March 1939, and in 1990 he applied to have his service record corrected. The Authority refused and the Central Administrative T…
THE COMMISSIONER OF INCOME TAX, BOMBAYversusBOMBAY DYEING AND MANUFACTURING CO. LTD.
1996 INSC 34129 February 1996Dismissed
The Supreme Court considered two questions raised by Bombay Dyeing & Manufacturing Co. Ltd.: (1) whether professional fees paid to solicitors for the amalgamation of Nawrosjee Wadia Ginning & Pressing Co. could be treated as revenue expenditure under the Income Tax Act, and (2) whether a contribution of Rs. 2,25,000 to…
DUKHISHYAM BENUPANI, ASSTT. DIRECTOR, ENFORCEMENT DIRECTORATE (FERA)versusARUN KUMAR BAJORIA
1997 INSC 76828 November 1997Appeal(s) allowed
The Enforcement Directorate (ED) raided Arun Kumar Bajoria's residence and issued summons under Section 40 of the Foreign Exchange Regulation Act (FERA). Bajoria filed a writ petition challenging the summons and later obtained anticipatory bail under Section 438 of the CrPC from the City Sessions Court, with a conditio…
WASSAN SINGHversusTHE STATE OF PUNJAB
1995 INSC 79528 November 1995Appeal(s) allowed
Wassan Singh and two co‑accused attacked a gathering at Hazara Singh's house; during the fray Singh was injured multiple times and, fearing grievous hurt, fired his gun, inadvertently killing an innocent woman, Bholan. He was convicted by the Sessions Court under Section 304 Part I IPC and under Section 27 of the Arms …
SADANANDAN BHADRANversusMADHAVAN SUNIL KUMAR
1998 INSC 32628 August 1998Dismissed
The appellant, Sadanandan Badran, received a Rs 30,000 cheque from the respondent, Madhavan Sunil Kumar, to settle a loan. The cheque was presented twice (January and May 1991) and was dishonoured both times for insufficient funds. After each dishonour the appellant issued a legal notice demanding payment; the responde…
SAHIB SINGHversusSTATE OF HARYANA
1997 INSC 57828 July 1997Appeal(s) allowed
Sahib Singh was convicted under the IPC and TADA for the murder of Om Prakash based on the testimony of three brothers—sons of the deceased—and a confession recorded under Section 15 of the TADA Act. The Supreme Court examined whether relatives of the deceased are competent witnesses, the effect of a delayed FIR, and t…
PANDAPPA HANUMAPPA HANAMAR AND ANR.versusSTATE OF KARNATAKA
1997 INSC 20428 February 1997Dismissed
The appellants were accused of murdering their brother‑in‑law, Hanamappa, and of acting with common intention under IPC sections 302 and 34. The trial court acquitted them, disbelieving the eye‑witness P.W.2, the hostile witness P.W.1 and several independent villagers, and giving undue weight to minor contradictions an…
SUNIL KUMARversusSTATE OF MADHYA PRADESH
1997 INSC 7428 January 1997Dismissed
The appellants, involved in a land dispute, attacked Dayashankar and his brother Ramesh, dismembering the former and severely injuring the latter. Ramesh (PW‑1) survived, narrated the incident to his mother (PW‑2) and nephew (PW‑3), and later gave a statement to the police and a dying declaration to a magistrate. PW‑3 …
KRISHNA KUMARI AND ANR.versusSTATE OF HARYANA AND ANR.
1998 INSC 44427 November 1998Dismissed
The appellants, daughters of Banarsi Das, claimed that surplus land declared under the Punjab Security of Land Tenures Act, 1953 was not utilised before their father's death, invoking the inheritance exemption under Section 10‑A(b). The State argued that the land had been allotted to a tenant, Mangat Ram, in 1964, with…
SMT. MALLAWWA ETC.versusTHE ORIENTAL INSURANCE CO. LTD. AND ORS.
1998 INSC 44327 November 1998Disposed off
The Supreme Court examined several appeals concerning the liability of insurers under Section 95 of the Motor Vehicles Act, 1939 for passengers travelling in goods carriages. The petitioners, owners of goods vehicles and claimants, argued that the insurance policy should cover death or injury of passengers, including o…
STATE OF KARNATAKA AND ORS.versusKEMPAIAH
1998 INSC 27327 July 1998Dismissed
The State of Karnataka appealed against the High Court’s order allowing a writ petition filed by IPS officer Kempaiah, who challenged a preliminary inquiry by the Upalokayukta into allegations of amassing wealth. The Supreme Court examined whether the term "action" in Section 2(1) of the Karnataka Lokayukta Act, 1984 i…
UNION OF INDIA AND ORS.versusK.V. VIJEESH
1996 INSC 31727 February 1996Appeal(s) allowed
The respondent, K.V. Vijeesh, was placed at rank 172 in the select list for Diesel Assistant vacancies of the Southern Railways but was not appointed while lower‑ranked candidates were. He approached the Central Administrative Tribunal, which directed the Railways to consider him for any existing or future vacancy. The…
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…
M.V.JAVALversusMAHAJAN BOREWALL AND CO. AND ORS.
1997 INSC 67626 September 1997Appeal(s) allowed
The Assistant Commissioner of Income Tax alleged that a partnership firm, Mahajan Borewell & Co., and its three partners had failed to deduct tax at source, violating Section 276‑B of the Income Tax Act, 1961. The Special Court discharged the respondents on procedural grounds, and the High Court upheld the discharge, h…
DIRECTOR, CENTRAL PLANTATION CROPS RESEARCH INSTITUTE, KESARAGOD AND ORS.versusM. PURUSHOTHAMAN AND ORS.
1994 INSC 28626 July 1994Appeal(s) allowed
The employees of the Central Plantation Crops Research Institute were allotted official quarters but refused to occupy them, after which the Institute denied them House Rent Allowance (HRA). The employees challenged the denial before the High Court, which transferred the matter to the Central Administrative Tribunal (C…
HARIJAN DHANA BADHA AND ORS. ETC. ETC.versusSTATE OF GUJARAT
1996 INSC 58426 April 1996Dismissed
The case involved eleven accused who participated in a violent incident that resulted in the death of Dana Pitha. The trial court acquitted eight of them, convicting only three under Section 302 IPC, but the Gujarat High Court reversed the acquittals, finding that the accused formed an unlawful assembly with the common…
STATE OF U.P.versusSMT. NOORIE @ NOOR JAHAN AND ORS.
1996 INSC 44826 March 1996Appeal(s) allowed
The State of U.P. prosecuted four accused, including Smt. Noorie, under IPC sections 147, 148, 302/149 and 201/511 for the murder of Ram Bharosey (Bachan Shah). The prosecution relied on three eye‑witnesses (PW‑1, PW‑2 and PW‑3) who testified that the accused assaulted the victim with knives and lathis and later dragge…
PREETAMversusSTATE OF MADHYA PRADESH
1996 INSC 45326 March 1996Appeal(s) allowed
Preetam and his brother Ishwar Lal were tried for the murder of Chhita. The trial court acquitted both, but the State appealed. The High Court set aside Preetam’s acquittal, relying on a confession recorded by a magistrate and on property recoveries allegedly made pursuant to that confession, while rejecting eye‑witnes…
MAJOR RADHA KRISHANversusUNION OF INDIA AND ORS.
1996 INSC 43725 March 1996Appeal(s) allowed
The appellant, a Major in the Indian Army, was served a notice under Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954, proposing termination of his service for misconduct alleged to have occurred about seven years earlier. The notice claimed that a court‑martial trial was impracticable because the t…
BHOLA NATH VARSHNEY (SINCE DEAD) THROUGH HIS LRS.versusMULK RAJ MADAN
1994 INSC 2525 January 1994
The landlord, Bhola Nath Varshney, served a notice under Section 106 of the Transfer of Property Act, 1882 and filed an eviction suit in 1981 against his tenant, Mulk Raj Madan, for a building constructed in 1974. The issue was whether the Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 wou…
ISHVARBHAI FULJIBHAI PATNIversusSTATE OF GUJARAT
1994 INSC 54724 November 1994Appeal(s) allowed
Ishvarbhai Fuljibhai Patni was convicted under Section 302 IPC and sentenced to life imprisonment. He appealed to the Gujarat High Court, which dismissed his appeal in a brief, cryptic judgment that merely affirmed the conviction without discussing the evidence or the arguments raised. The Supreme Court held that a Hig…
DOLAT RAM AND ORS.versusTHE STATE OF HARYANA
1994 INSC 54824 November 1994Appeal(s) allowed
The case arose from FIR No. 735 (8 November 1993) alleging dowry death of Sunita, wife of Anil Kumar. The Additional Sessions Judge, Rohtak, granted anticipatory bail under Section 438 CrPC to the parents and brother of the husband, noting that they lived separately from the deceased as evidenced by the FIR and ration …
BHARWAD JAKSHIBHAI NAGJIBHAI AND ORS. ETC.versusTHE STATE OF GUJARAT ETC.
1995 INSC 48824 August 1995Dismissed
In June 1981 a mob of 40‑50 Bharwad community members armed with sticks and dharias attacked three Patel individuals, killing one and injuring two. The trial court acquitted all fifteen accused, treating each assault as unrelated and discounting eye‑witness testimony. On appeal, the Gujarat High Court held that the ass…
JARNAIL SINGHversusSTATE OF PUNJAB
1995 INSC 77523 November 1995Case Partly allowed
The appellant and four others were tried for murder, rioting and attempt to murder. Eye‑witnesses PW4 and PW6 testified that the appellant and his brother fired at the deceased Sukhdev Singh, while a defence witness DW5 also admitted the appellant’s firing. The trial court acquitted three accused on the basis of doubt …
NAYUDU SRIHARIversusSTATE OF ANDHRA PRADESH
1996 INSC 92723 August 1996Appeal(s) allowed
The appellant, Nayudu Srihari, and fourteen others were charged with the murder of Nagulu, a member of a rival faction, based solely on the testimony of PW‑1. The trial court and the Andhra Pradesh High Court upheld the conviction, despite inconsistencies in PW‑1's statements, the fact that his parents testified he was…
RAI SINGHversusSTATE OF HARYANA
1996 INSC 92823 August 1996Dismissed
Rai Singh was convicted for the murder of Smt. Parkashi, who was shot with a pistol inside her house in the early hours of January 30, 1987. The prosecution established that Singh had an illicit relationship with the deceased, and that he was present at the house on the night of the murder, where he fired the pistol af…
MADHU BALAversusSURESH KUMAR AND ORS.
1997 INSC 56923 July 1997Appeal(s) allowed
Madhu Bala filed two complaints alleging offences under Sections 498A and 406 IPC before Chief Judicial Magistrates. The magistrates, invoking Section 156(3) of the Criminal Procedure Code, directed the police to register a case and investigate; the police registered FIRs, investigated, and submitted charge‑sheets. The…
SANGARABOINA SREENUversusSTATE OF ANDHRA PRADESH
1997 INSC 43123 April 1997Appeal(s) allowed
The appellant was tried before the Sessions Court for uxoricide and was convicted under Section 302 of the Indian Penal Code for murder. On appeal, the Andhra Pradesh High Court set aside the murder conviction and, invoking Section 222 of the Code of Criminal Procedure, convicted him instead under Section 306 IPC for a…
SHARAFA THUSSAIN ABDULRAHAMAN SHAIKH AND ORS.versusSTATE OF GUJARAT AND ANR.
1996 INSC 138122 November 1996Appeal(s) allowed
Four accused were convicted under the Terrorist and Disruptive Activities (Prevention) Act, the Indian Penal Code and the Explosive Substances Act on the basis of confessional statements recorded by a Superintendent of Police under Section 15 of TADA. The police officer failed to furnish the certificate of satisfaction…
GOVINDASAMIversusSTATE OF TAMIL NADU
1998 INSC 19422 April 1998Dismissed
Govindasami was accused of murdering his uncle Nagamalai, the latter's wife, two sons and a daughter in May 1984. The prosecution relied on circumstantial evidence: a land‑dispute motive, a wrist‑watch recovered from the crime scene that belonged to the accused, a blood‑stained lungi and a promissory note found on him,…
MODI CEMENTS LTD.versusSHRI KUCHIL KUMAR NANDI
1998 INSC 14922 March 1998Appeal(s) allowed
Modi Cements Ltd. filed three criminal complaints under Section 138 of the Negotiable Instruments Act against K.K. Nandi for dishonour of cheques that were returned with a "payment stopped by the drawer" endorsement. The High Court quashed the complaints on the ground that the stop‑payment instruction precluded liabili…
THE STATE OF KARNATAKAversusMOIN PATAL AND OTHERS
1996 INSC 29522 February 1996Appeal(s) allowed
The State of Karnataka prosecuted four respondents for the murders of two brothers, alleging they were killed with an axe and sickle. The trial court convicted them under IPC sections 302, 34 and 324 based on eye‑witness testimony, recovered blood‑stained weapons, and post‑mortem reports. The Karnataka High Court acqui…
GOWRISHANKAR AND ANR.versusJOSHI AMBA SHANKAR FAMILY TRUST AND ORS.
1996 INSC 29422 February 1996Appeal(s) allowed
The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants (Gowrishankar and other…
AHMAD UMAR SAEED SHEIKHversusSTATE OF UTTAR PRADESH
1996 INSC 136421 November 1996Dismissed
The appellant, Ahmad Umar Saeed Sheikh, was charged under IPC sections 307, 332, 427, the Foreigners Act, and TADA sections 3 and 4. He contended that the FIR, lodged on a Sub‑Inspector's complaint, was invalid because it was recorded without the prior approval of the District Superintendent of Police required by TADA …
GULJAR ALI ETC.versusSTATE OF HIMACHAL PRADESH
1997 INSC 70021 October 1997Appeal(s) allowed
Three brothers—Raj Mohammad, Niaz Ali and Gulzar Ali—were convicted for the murder of Tara Chand, a factotum of Jai Paul, based on circumstantial evidence, letters showing motive, and recovered weapons. The prosecution relied on letters seized from the accused, expert handwriting analysis, and statements by the accused…
THE STATE OF PUNJABversusTEJINDER SINGH AND ANR.
1995 INSC 48321 August 1995Dismissed
The State of Punjab charged Tejinder Singh (A‑1) and Darshan Singh (A‑2) with murder of Jasbir Singh after a boundary dispute, alleging that both approached the victim with gandasas and assaulted him, leading to his death. The Special Court convicted A‑1 under s.302 IPC and acquitted A‑2, prompting A‑1 to appeal his co…
GURDIAL SINGHversusSTATE OF PUNJAB
1995 INSC 48421 August 1995Disposed off
Gurdial Singh, along with two others, was charged with murder under Section 302 IPC read with Section 34 and under Section 25 of the Arms Act. The prosecution alleged that the three accused fired at the victim, Ram Pal, causing his instantaneous death, and forensic evidence linked the appellant's unlicensed 12‑bore gun…
RAM BIHARI YADAVversusSTATE OF BIHAR AND ORS.
1998 INSC 19121 April 1998Dismissed
The appellant, a police officer, was convicted under IPC s.302 for allegedly setting his wife on fire and under s.377 for sodomy. The sole evidence of his guilt was the victim's dying declaration recorded by a Judicial Magistrate, which the defence argued was inadmissible because it was not in question‑answer form, lac…
HARDEV SINGHversusHARBHEJ SINGH AND ORS.
1996 INSC 135320 November 1996Appeal(s) allowed
The case concerned a violent assault on 23 May 1985 in which six accused, armed with a double‑barrel gun, gandhalis, kirpans and gandasas, attacked two men (Harbhajan Singh and Baldev Singh) and injured a third witness (Suba Singh). The trial court convicted four of the accused and acquitted two; the Punjab and Haryana…
CHINNAMALversusSTATE OF TAMIL NADU AND ORS.
1996 INSC 135720 November 1996Disposed off
Six accused were convicted under IPC sections 147, 148, 307 and 302 for a homicide. The Madras High Court set aside the convictions, acquitting them on the ground that the appellant's statement recorded under Section 164 of the CrPC (initially a dying declaration) materially contradicted the FIR report. The Supreme Cou…
SMT. RAMTI DEVIversusUNION OF INDIA
1994 INSC 47720 October 1994Dismissed
Ramti Devi filed a suit on 30 July 1966 seeking a declaration that she was the absolute owner of a house and that the sale deed dated 29 January 1947, by which the defendant had allegedly alienated the property, should be avoided or cancelled. The trial court dismissed the suit and the Delhi High Court affirmed the dis…
K.S. PARIPOORNANversusSTATE OF KERALA AND ORS.
1994 INSC 47820 October 1994Case Partly allowed
The case concerned a land acquisition where the Collector’s award was made on 30 December 1980 and possession taken in early 1981. The civil court, on reference, enhanced the compensation on 28 February 1985 and the enhanced amount was deposited in 1986. The High Court confirmed the enhanced compensation but denied int…
MUNESHWAR (DEAD) BY LRSversusRAJA MOHAMMAD KHAN AND ORS.
1998 INSC 31620 August 1998Case Allowed
Muneshwar (deceased) filed a partition suit under Section 176 of the U.P. Zamindari Abolition Act, which was decreed but never executed, leaving him in possession of the land. The respondents later filed a suit for possession under Section 209, more than six years after the date prescribed in Appendix III, and the suit…
STATE OF ORISSAversusJANMEJOY DINDA
1998 INSC 10820 February 1998Appeal(s) allowed
The State of Orissa prosecuted Janmejoy Dinda, who ran a nursing home, for stocking medicinal drugs without a valid licence and for failing to disclose the source of those drugs. The trial court convicted him under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940, imposing imprisonment and fines. The High…
M/S NEYVELY LIGNITE CORPN. LTD. ETC. ETC.versusSPECIAL TAHSILDAR (LAND ACQUISITION) NEYVELY AND ORS. ETC. ETC.
1994 INSC 46919 October 1994Appeal(s) allowed
The Supreme Court examined whether a corporation for whose benefit land was acquired under the Land Acquisition Act, 1894 qualifies as a "person interested" under Section 3(b) and as a proper party under Order I Rule 10 of the CPC. A notification acquiring 5,200 acres for the appellant corporation led to compensation a…
U.P. STATE INDUSTRIAL DEVELOMENT CORPORATION LTDversusSTATE OF U.P. AND ORS.
1994 INSC 47019 October 1994Appeal(s) allowed
The Collector of Uttar Pradesh passed awards determining compensation for land acquired by the U.P. State Industrial Development Corporation Ltd. Some claimants accepted the compensation, while others protested and obtained enhanced awards from the District Judge under Section 18 of the Land Acquisition Act. The State …
STATE BANK OF BIKANER AND JAIPURversusSH. PRABHU DAYAL GROVER
1995 INSC 58119 September 1995Appeal(s) allowed
The appellant State Bank of Bikaner and Jaipur removed its manager, P.D. Grover, for allegedly accepting a bribe and dismissed his appeal before the Executive Committee. Grover filed a civil suit challenging the departmental and appellate orders, claiming violations of Regulation 68(2)(iii) (failure to frame definite c…
SMT. MUKUL RANI V ARSHNEI AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ANR.
1995 INSC 58319 September 1995Appeal(s) allowed
The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the Master/Zonal Plan, an…
STATE OF ANDHRA PRADESHversusVEDDULA VEERA REDDY AND ORS. ETC.
1998 INSC 10119 February 1998Appeal(s) allowed
The State of Andhra Pradesh prosecuted six accused for the murder of Cherukuri Kalidas, alleging that they entered his bedroom at night armed with deadly weapons and killed him, with the assault witnessed by his wife and relatives. The trial court convicted five of the accused under Section 302 read with Section 149 of…
GEORGE AND OTHERSversusSTATE OF KEARLA AND ANR .
1998 INSC 14318 March 1998Disposed off
The case concerned the murder of reporter Sasidharan Nair, for which three appellants (George @ Vakkachan, Rajeev and Joshy) were charged. The trial court acquitted all accused, rejecting the eye‑witness testimony of the deceased's mother (PW3) and the dying declaration, and relying on a hostile FIR. The Kerala High Co…
KESHAV KUMAR SWARUPversusFLOWMORE PRIVATE LIMITED
1994 INSC 1318 January 1994
The landlord filed an eviction suit under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for the premises. The tenant, a company, relied on Clause 5 of the lease deed which stated the premises were for the residence and personal use of directors, their relatives, and "for the pur…
ASSOCIATED CEMENT COMPANY LTD.versusKESHVANAND
1997 INSC 81916 December 1997Appeal(s) allowed
Associated Cement Company Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act against Kesvanand. The magistrate examined the company’s authorized representative, Puneet Aggarwal, on oath, but on two consecutive dates the representative was absent and the magistrate acquitted the accused under Sec…
SAMA ALANA ABDULLAversusSTATE OF GUJARAT
1995 INSC 73916 November 1995Dismissed
The appellant, Sama Alana Abdulla, was accused of passing a BSF‑prepared map of an underground water pipeline to Pakistani intelligence. During a raid, police recovered the map from his house; a surviving panch witness did not corroborate the recovery, while two police officers who were part of the raid testified that …
SUDHIR BROTHERSversusDELHI DEVELOPMENT AUTHORITY AND ANR.
1995 INSC 74516 November 1995Appeal(s) allowed
The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum together with 12 % sim…
KASHIRAMversusSTATE OF M.P.
1998 INSC 39716 October 1998Dismissed
The appellant Kashiram and six others were charged with murder and related offences for allegedly forming an unlawful assembly and shooting Gorelal on 29 December 1986, also injuring four witnesses. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal of Kashiram, convicting h…
UNION OF INDIA AND ANR.versusBANWARI LAL AGARWAL
1998 INSC 39916 October 1998Appeal(s) allowed
The respondent filed belated income‑tax returns for assessment years 1978‑79 to 1980‑81 after a search and seizure under Section 132 of the Income‑Tax Act, and the assessing officer made assessments higher than the returns. He was prosecuted under Section 276‑C for willful tax evasion. The respondent sought relief unde…
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…
SURESH BUDHARMAL KALANIversusSTATE OF MAHARASHTRA
1998 INSC 36415 September 1998Appeal(s) allowed
The case arose from a gang‑related shoot‑out at J.J. Hospital in 1992 that resulted in the death of Shailesh Haldankar and injuries to several persons. The appellants, Suresh Budharmal Kalani and Dr. Aken Kumar Gajendra Rai Desai, were charged under Sections 3(3) and 3(4) of the Terrorist and Disruptive Activities (Pre…
SETHI ROOP LALversusMRS. MALTI THAPAR AND ORS.
1994 INSC 7215 February 1994
The appellant contested the 1992 Moga Assembly election, losing by seven votes, and filed an election petition alleging that 22 bogus votes were cast for the winning respondent by impersonating dead electors. The petition sought production of the ballot paper account and the marked copies of electoral rolls for five po…
SONELAL TIWARIversusSTATE OF MADHYA PRADESH
1998 INSC 2415 January 1998Dismissed
The appellant, a Revenue Inspector, was caught in a police‑set trap after demanding a bribe of Rs.50 for certifying a sale deed. Marked currency notes were recovered from beneath his bag and a phenolphthalein test on his fingers was positive. The trial court acquitted him citing discrepancies in witness testimony, but …
AJIT SAVANT MAJAGAVIversusSTATE OF KARNATAKA
1997 INSC 60914 August 1997Dismissed
The appellant, Ajit Savant Majagavi, was charged with murdering his wife, Padmavathi, and was acquitted by the Sessions Court on the ground that the prosecution failed to prove his presence at the lodge where the death occurred and that key witnesses had turned hostile. The State appealed under Section 378 of the CrPC,…
N.G. SREEDHARAN AND ANR.versusSTATE OF KERALA
1995 INSC 88913 December 1995Case Partly allowed
A violent dispute between rival trade unions in Trichur led to the stabbing deaths of two brothers, Vincent and Davis. The accused, Al (N.G. Sreedharan) and A2 (V.K. Sudhan), were initially acquitted by the trial court, but the Kerala High Court convicted them under Section 302 read with Section 34 of the IPC. On appea…
JAHAR SINGHversusUNION OF INDIA AND OTHERS
1996 INSC 104913 September 1996Appeal(s) allowed
Jahar Singh, an employee of the Savings Bank Control Organisation (SBCO), qualified in the 1992 examination for Accountant posts in the Post Office and Railway Mail Service but his candidature was cancelled on the ground that he was a Lower Division Clerk (LDC) and therefore ineligible. The appellant challenged the can…
SAHIB SINGHversusSTATE OF PUNJAB
1996 INSC 105013 September 1996Appeal(s) allowed
Sahib Singh was arrested on suspicion and a police search recovered a revolver with six live cartridges from his bag. He was convicted under Section 25 of the Arms Act, 1959 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. On appeal, he argued that the prosecution failed to produce any i…
DEVINDERversusSTATE OF HARYANA
1996 INSC 105113 September 1996Appeal(s) allowed
On 26 July 1986 the appellant Devinder allegedly attacked Ramphal with a knife, inflicting chest and abdominal injuries in the presence of two eyewitnesses. The victim was taken to a hospital, where a medico‑legal report recorded his details and the manner of injury but omitted the assailant's name; he died the followi…
ATMARAM ZINGARAJIversusSTATE OF MAHARASHTRA
1997 INSC 60713 August 1997Disposed off
Nine persons, including Atmaram Zingaraji, were charged with rioting, unlawful assembly, murder and wrongful restraint for an incident on 5 June 1987. The trial court acquitted all, but the High Court set aside the acquittal of the appellant, convicting him under Section 302 IPC (simpliciter) and acquitting the others.…
BRIJLALA PD. SINHA ETC .versusSTATE OF BIHAR
1998 INSC 24913 July 1998Disposed off
The case involved six police officers who were convicted under Sections 302 and 34 of the IPC for the killing of three civilians in a purported police encounter. The prosecution relied solely on circumstantial evidence, chiefly the testimony of two constables (PW 7 and PW 8), forensic reports and the recovery of the vi…
STATE OF U.P.versusZAKAULLAH
1997 INSC 81412 December 1997Appeal(s) allowed
The State appealed the acquittal of Revenue Inspector Zakaullah, who was convicted by a trial court for taking a Rs 400 bribe under IPC Sec 161 and the Prevention of Corruption Act Sec 5(2). The bribe was given by Satpal Singh (PW‑5) after a trap was arranged by the Anti‑Corruption Bureau, and the seized notes tested p…
MAHENDRA SINGH CHOTELAL BHARGADversusSTATE OF MAHARASHTRA AND ORS.
1997 INSC 81512 December 1997Appeal(s) allowed
The appellant, Mahendra Singh, received Rs.3,000 from a guest house manager after two police officers, Uttamrao Baburao Raut and Abdul Kadar, demanded the money as gratification to drop a criminal case. The prosecution alleged that the appellant was part of a corrupt arrangement and convicted him under Section 163 of t…
UNION OF INDIAversusK. B. KHARE AND ORS.
1994 INSC 38312 September 1994Appeal(s) allowed
The case concerned a senior District Judge of the Madhya Pradesh Judicial Service who retired voluntarily and was appointed as a Member of the Central Administrative Tribunal (CAT). He sought to combine his prior state judicial service with his CAT service to obtain a single, consolidated pension, invoking Rule 16 of t…
STATE OF RAJASTHANversusRAM BHAROSI AND ORS.
1998 INSC 30312 August 1998Case Allowed
The State of Rajasthan appealed the Rajasthan High Court’s judgment that acquitted five accused of murder (Sec. 302 IPC) on the ground of private defence and convicted them only under lesser offences. The incident involved a dispute over agricultural land where the accused were found ploughing the complainant’s field; …
MOHAN AND OTHERSversusSTATE OF TAMIL NADU
1998 INSC 22812 May 1998Case Partly allowed
The appellants conspired to kidnap a ten‑year‑old boy and demand a ransom of Rs 5 lakhs. After abducting the child, Mohan and Gopi administered poison, tied the boy’s limbs and neck, and strangled him, later disposing of the body in a TV box placed in a well. All four accused – Mohan, Gopi, Muthu and Pushparaj – were s…
RAJESH KUMAR ETC.versusDHARAMVIR AND ORS.
1997 INSC 26212 March 1997Appeal(s) allowed
The State of Haryana appealed the Punjab & Haryana High Court's acquittal of five accused who had been convicted of rioting, murder and attempted murder. The High Court had set aside the trial court's convictions on the basis that the accused acted in private defence of person and property. The Supreme Court examined w…
VIJENDERversusTHE STATE OF DELHI
1997 INSC 13712 February 1997Appeal(s) allowed
The appellants were convicted for kidnapping, murder and illegal possession of a firearm under the Arms Act and TADA. The prosecution’s case relied on the victim’s father’s testimony about a witness’s statement, statements recorded by police before investigation, the accused’s own statements about the location of the b…
SATBIRversusSURAT SINGH AND ORS.
1997 INSC 13612 February 1997Appeal(s) allowed
Satbir filed a criminal appeal after the Punjab & Haryana High Court acquitted twelve accused of rioting and murder under Sections 148, 149 and 302 IPC, relying on alleged identification failures, the status of witnesses as "chance" witnesses, the relationship of a witness to the deceased, contradictions about weapons …
ANSARAM RAMBHAU YELVE AND OTHERSversusSTATE OF MAHARASHTRA
1996 INSC 22112 February 1996Dismissed
The appellants, eight brothers and relatives, disputed a strip of land owned by the deceased and, on 17 August 1982, armed themselves with axes and sticks, attacked the deceased and others, causing the deaths of two victims. The trial court convicted them under Sections 302, 324, 325 read with Section 149 IPC, but the …
KOTIA PRAKASHAN AND ORS.versusSTATE OF KERALA
1997 INSC 80911 December 1997Disposed off
The case involved a riotous mob that surrounded the house of PW‑7 and chased the deceased RSS leader Vishwanathan to another house where he was killed. The five appellants, sympathisers of the CPM, were part of the mob but the prosecution could not prove that they pursued the deceased to the house where the murder occu…
KESHAV LAL THAKURversusSTATE OF BIHAR
1996 INSC 119011 October 1996Appeal(s) allowed
A case was registered under Section 31 of the Representation of People Act, 1950, which is a non‑cognizable offence. The police filed an FIR and investigated, submitting a report seeking the appellant's discharge. The Chief Judicial Magistrate, relying on the report, took cognizance and proceeded against the appellant.…
STATE OF MAHARASHTRAversusRAJENDRA JAWANMAL GANDHI ETC.
1997 INSC 65111 September 1997Appeal(s) allowed
The accused Rajendra Jawanmal Gandhi was charged with raping an eight‑year‑old girl. The trial court convicted him under Section 376 IPC and sentenced him to seven years' rigorous imprisonment. The Bombay High Court set aside the rape conviction, finding only an attempt and convicting him under Section 354 IPC, also re…
STATE OF A.P. ETC.versusTHAKKIDIRAM REDDY AND ORS. ETC.
1998 INSC 30011 August 1998Dismissed
The State of Andhra Pradesh prosecuted twenty‑one accused for a night‑time raid on the house of Gankidi Mohan Reddy that resulted in his murder. The trial court convicted eleven of them under Sections 148, 302 read with 149 IPC and related offences; the High Court set aside the convictions of six accused under Sections…
KUMAR JAGDISH CHANDRA SINHA AND ORS.versusMRS. EILEEN K. PATRICIA DROZARIE
1994 INSC 59510 December 1994
Mrs. Sira Menan was a contractual tenant under the West Bengal Premises Tenancy Act, 1956. After her death, the respondent claimed to be her daughter and asserted that she inherited the tenancy. The trial court rejected her claim, holding that even if she were the daughter she was not a tenant because she did not ordin…
GURSHARAM SINGHversusSTATE OF PUNJAB
1996 INSC 102510 September 1996
Gursharan Singh demanded Rs. 2 lakh from Nirmal Singh for terrorist activities, threatening death. After a meeting where a revolver‑wielding accomplice threatened the victim, a reduced sum of Rs. 70,000 was agreed, of which only Rs. 50,000 was paid. The trial court convicted Singh under IPC Sections 387 (extortion) and…
DR. DILIP KUMAR DEKA AND ANR.versusSTATE OF ASSAM AND ANR .
1996 INSC 102910 September 1996Appeal(s) allowed
Dr. D.K. Deka and Dr. P.K. Baruah, doctors at Mahendra Mohan Choudhary Hospital, were accused by a Guwahati High Court judge of manipulating medical reports to keep accused Geeta Kalita in hospital, thereby thwarting a court order to produce her in police custody. The judge, relying on a medical board’s report that fou…
STATE OF JAMMU AND KASHMIRversusSUDERSHAN CHAKKAR AND ANR.
1995 INSC 36510 May 1995Appeal(s) allowed
The State of Jammu & Kashmir prosecuted Sudershan Chakkar and others, alleging criminal conspiracy and misappropriation of foodgrains and empty bags worth Rs. 3,22,119.36, involving forged documents. The trial judge discharged two respondents, holding that the evidence showed only negligence, not a conspiratorial desig…
MINAKSHI BALA SUDHIR KUMAR AND ORS.versusSUDHIR KUMAR AND ORS.
1994 INSC 20110 May 1994
The appellant filed an FIR alleging offences under Sections 406 and 498-A IPC against her husband, his parents and other relatives. The police investigated, filed a charge sheet and the magistrate took cognizance, framed charges under Sections 239 and 240 of the CrPC and fixed a date for recording evidence. Before tria…
R.K. SABHARWAL AND ORS.versusTHE STATE OF PUNJAB
1995 INSC 10810 February 1995Disposed off
The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class candidates already prom…
M/S NEW HORIZONS LTD. AND ANOTHERversusUNION OF INDIA AND OTHERS
1994 INSC 5059 November 1994
The Department of Telecommunications invited tenders for printing telephone directories in Hyderabad. New Horizons Ltd. (NHL), a joint venture of Indian firms and a Singaporean company, submitted a tender offering a substantially higher royalty but was rejected on the ground that it lacked experience in its own name. T…
SUBA SINGHversusSTATE OF PUNJAB
1994 INSC 5089 November 1994
Suba Singh was convicted under Section 302 IPC for the murder of Pritam Singh following a dispute that arose after a betrothal ceremony. The prosecution's case rested on the ocular testimony of two eyewitnesses, Jagtar Singh and Lahora Singh, who identified the appellant as the shooter, and was corroborated by the FIR,…
THE STATE OF PUNJABversusSURJA RAM
1995 INSC 4489 August 1995Appeal(s) allowed
The State of Punjab prosecuted Surja Ram and his son Mohan Lal for the murders of Tulsa Ram and his son Brij Lal, arising from a family partition dispute over crop shares. The trial court convicted the two accused of the murder of Tulsa Ram under s.302 read with s.34 IPC, relying on the eye‑witness testimony of Kamla D…
SURYA PRAKASH SHARMAversusSTATE OF U.P. AND ORS.
1994 INSC 3069 August 1994
Surya Prakash Sharma was detained under Section 3(3) of the National Security Act, 1980 while already in judicial custody for a murder case. The grounds of detention alleged that he might commit further serious offences if released on bail. The Supreme Court examined whether a preventive detention order can be validly …
HARPAL SINGH ETCversusDEVINDER SINGH AND ANR. ETC.
1997 INSC 5559 July 1997Appeal(s) allowed
The Supreme Court examined an appeal against the acquittal of twelve students charged under the Terrorist and Disruptive Activities (Prevention) Act for the murder of Jasbir Singh and grievous hurt to Sumer Singh during a campus political clash. The Court held that a four‑hour delay in lodging the FIR, the recording of…
HARDIAL SINGH AND OTHERSversusSTATE OF PUNJAB
1996 INSC 4979 April 1996Appeal(s) allowed
The appellants Hardial Singh, Uttam Singh and Gurnam Singh were charged with murder, grievous hurt and rioting for firing on members of an informant party who were cultivating land belonging to Khazan Singh. The incident occurred when the accused, armed with guns and rifles, confronted the cultivators who were ploughin…
GURJOGINDER SINGHversusSMT. JASWANT KAUR AND ANR.
1994 INSC 589 February 1994
The appellant, a tenant, was evicted by the landlord (respondent No.1) under an ex‑parte order, which was later set aside, and the tenant obtained a restoration order under Section 144 of the Code of Civil Procedure. Before the warrant could be executed, respondent No.2 claimed to be a bona‑fide transferee in possessio…
NILGIRIS BAR ASSOCIATIONversusT.K. MAHALINGAM AND ANR.
1997 INSC 7958 December 1997Appeal(s) allowed
The Nilgiris Bar Association filed a petition against T.K. Mahalingam, who had fraudulently enrolled as a member of the Bar and practiced as an advocate for eight years, committing offences under Sections 419 and 420 IPC. Mahalingam was released by a magistrate under Section 4(1) of the Probation of Offenders Act, 1958…
SAMBASIVAN AND ORS.versusSTATE OF KERALA
1998 INSC 2258 May 1998Dismissed
On 21 April 1983, members of a rival trade union threw bombs at an industrial estate in Kerala, killing Nanukuttan and injuring several others. The trial court acquitted all twenty‑two accused, but the State appealed against the acquittal of three accused (A‑1 to A‑3). The Kerala High Court, on re‑appraisal of the evid…
DIRECTORATE OF ENFORCEMENTversusASHOK KUMAR JAIN AND VICE VERSA
1998 INSC 98 January 1998Appeal(s) allowed
The Enforcement Directorate (ED) seized documents from Ashok Kumar Jain’s residence under the Foreign Exchange Regulation Act, 1973 (FERA) and issued repeated summons for his interrogation. Jain, citing deteriorating health, applied for anticipatory bail, which was dismissed by the Sessions Court. The Delhi High Court …
C.K. DAMODARAN NAIRversusGOVT. OF INDIA
1997 INSC 118 January 1997Dismissed
The appellant, a Provident Fund Inspector, was tried for accepting a bribe to exempt a hospital from statutory provident‑fund contributions under Section 161 of the IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The Special Judge acquitted him, but the Kerala High Court set as…
HINDUSTAN VEGETABLE OILS CORPORATION LTD.versusPROGRESSIVE INDUSTRIES AND OTHERS ETC.
1995 INSC 5437 September 1995Appeal(s) allowed
The Supreme Court considered appeals by Hindustan Vegetable Oils Corporation Ltd. (the appellant) against an Allahabad High Court order that compelled it to issue Declaration Forms (Form III‑Kha) to several dealers (the respondents) for tins purchased for vanaspati production. The dispute centered on whether the appell…
B. SUBBA RAO AND ORS.versusPUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
1997 INSC 6027 August 1997Dismissed
The case involved a politically motivated murder of Nalluri Thirupathaiah in the office of a revenue officer on 26 February 1988. Seven appellants were alleged to have formed an unlawful assembly, entered the office armed, and killed the deceased with axes and knives. The trial court acquitted them, relying on the alle…
TULSI SINGHversusSTATE OF PUNJAB
1996 INSC 8357 August 1996Appeal(s) allowed
Tulsi Singh was convicted by a Special Court for the murder of his wife based solely on a confession he gave before a Judicial Magistrate. The appellant contended that the confession was not recorded in accordance with Section 164(2) of the Criminal Procedure Code, which requires the magistrate to caution the accused a…
STATE THROUGH CBIversusDAWOOD IBRAHIM KASKAR AND ORS.
1997 INSC 4887 May 1997Appeal(s) allowed
The case arose from the 1993 bomb blasts in Bombay, after which the CBI took over investigation and sought non‑bailable warrants under Section 73 of the Criminal Procedure Code (CrPC) and Section 8(3)(a) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) to apprehend several absconding accused. The Desi…
STATE OF WEST BENGALversusPRANAB RANJAN ROY
1998 INSC 1376 March 1998Appeal(s) allowed
The State of West Bengal prosecuted Pranab Ranjan Roy under the Prevention of Corruption Act for disproportionate assets. Roy filed a vakalatnama on 29‑02‑1992 through his counsel to obtain certain documents, and the charge‑sheet was filed only on 04‑05‑1994. When summoned, Roy sought discharge under Section 167(5) of …
STATE OF TAMIL NADU ETC.versusSURESH (A-2) AND ANR.
1997 INSC 7915 December 1997Appeal(s) allowed
A pregnant housewife fell from the fourth floor of her apartment and died. The prosecution alleged that the husband, his brother (A‑2 Suresh) and two employees conspired to murder her; the husband was abroad. The only direct evidence was the testimony of an approver (PW‑1) who confessed and implicated A‑2 and A‑3, supp…
SHEELA BARSEversusUNION OF INDIA AND ORS.
1995 INSC 5385 September 1995Disposed off
The Supreme Court entertained a writ petition filed by Ms. Sheela Barse, later substituted by the Supreme Court Legal Aid Committee, highlighting the deplorable conditions in which mentally ill women and children were detained in jails. The Court appointed Commissioners to investigate and issued several orders to impro…
DIRECTOR OF ENFORCEMENT AND ANR.versusP.V. PRABHAKAR RAO
1997 INSC 5945 August 1997Appeal(s) allowed
The respondent, P.V. Prabhakar Rao, feared arrest in connection with a massive urea‑related foreign exchange fraud and sought anticipatory bail under Section 438 of the Code of Criminal Procedure. A Single Judge of the Andhra Pradesh High Court granted an interim order, later making it absolute, relying on the responde…
MOHD. ZAHIDversusTHE GOVT. OF NCT OF DELHI
1998 INSC 2195 May 1998Case Allowed
Mohd. Zahid was arrested by ISBT police on 8 March 1990 and charged under TADA for possessing three country‑made pistols and twelve cartridges. He contended that he had actually been detained on 6 March 1990, that no weapons were seized, and his father filed a complaint with the magistrate. The Designated Court relied …
STATE OF U.P.versusABDUL AND ORS.
1997 INSC 4735 May 1997Appeal(s) allowed
The State of U.P. appealed the Allahabad High Court’s acquittal of four accused who had been convicted for the murder of Shanker Lal under IPC sections 302 and 34. The High Court had set aside the trial court’s conviction, relying on an inquest report under Section 174 CrPC that omitted mention of a ‘banka’ weapon, and…
RONNY@RONALD JAMES ALWARIS ETC.versusSTATE OF MAHARASHTRA
1998 INSC 1355 March 1998Case Partly allowed
The appellants were convicted of murder, robbery and rape for the killings of a family in Pune in July 1992. They challenged the admissibility of witness identifications made for the first time in court without a test identification parade, the legality of the search and seizure of articles, and the doctor’s testimony …
BHUPENDRASINH A. CHUDASAMAversusSTATE OF GUJARAT
1997 INSC 7164 November 1997Dismissed
The appellant, an armed constable of the Special Reserve Police, shot and killed his immediate superior, a Head Constable, at the Khampla Dam site, claiming he was discharging his patrol duties and feared a miscreant would set fire to a tower. The trial court acquitted him on the basis of reasonable doubt, but the Guja…
KUMBHAR DHIRAJLAL MOHANLALversusSTATE OF GUJARAT
1996 INSC 11424 October 1996Dismissed
The appellant, Kumbhar Dhirajlal Mohanlal, was charged with murdering his wife, Hansaben, by pouring kerosene on her and setting her on fire. The deceased gave three dying declarations—before a doctor, a head constable, and an executive magistrate—stating that her husband had set her ablaze. The trial court acquitted t…
KAMTA TIWARIversusSTATE OF M.P.
1996 INSC 9944 September 1996Dismissed
The appellant, a neighbour known as 'Tiwari Uncle', kidnapped, raped and murdered a seven‑year‑old girl named Pinky and disposed of her body in a well. The prosecution relied solely on a series of circumstantial facts, including the appellant's movements, forensic evidence linking his clothing and the victim's body, an…
STATE THROUGH CBIversusRAJ KUMAR JAIN
1998 INSC 2814 August 1998Case Allowed
The Central Bureau of Investigation (CBI) registered a case under the Prevention of Corruption Act against Raj Kumar Jain, a junior engineer, but after investigation found no prima facie case and submitted a report under Section 173(2) of the CrPC seeking closure. The Special Judge refused to accept the report, directi…
RAVINDRA @ RAVI BANSI GOHAR.versusSTATE OF MAHARASHTRA AND ORS.
1998 INSC 2854 August 1998Appeal(s) allowed
The case arose from a bomb attack on a police lock‑up in Mumbai where a detainee was killed. Police constable PW‑2 identified two accused, Vijay and Keshya, as miscreants, but his statement did not contain their surnames. The FIR later listed full names, and the accused were arrested, photographed while in lock‑up, and…
CHANDUBHAI MALUBHAI PARMAR AND ORS.versusSTATE OF GUJARAT
1997 INSC 3704 April 1997
A dispute over land allotment between the Vankar community and Harijans in Gujarat escalated into a riot involving a mob of 100‑150 persons, during which four Vankars were killed and thirteen injured. The mob also ransacked and set fire to several houses. The accused A‑34, A‑35 and A‑36 were convicted under Sections 30…
LAL MANDIversusTHE STATE OF WEST BENGAL
1995 INSC 2444 April 1995Disposed off
The appellant was convicted by a Sessions Judge for murder (Sec. 302/34 IPC) and for tampering with evidence (Sec. 201 IPC). On appeal, the Calcutta High Court dismissed the appeal without re‑examining the trial evidence, relying on the trial judge’s observation of witness demeanor. The Supreme Court held that an appel…
R.K. KRISHNA KUMARversusSTATE OF ASSAM AND ORS.
1997 INSC 7863 December 1997Disposed off
The appellants, senior officers of Tata Tea Company, were alleged to have negotiated with ULFA militants and funded their activities, leading to an FIR under IPC sections 120‑B, 121, 121‑A, 122 and UAPA sections 10 and 13. Anticipatory bail applications were filed under CrPC section 438; the Bombay High Court granted b…
THE STATE OF ANDHRA PRADESHversusBIMAL KRISHNA KUNDU AND ANR.
1997 INSC 6853 October 1997Appeal(s) allowed
The State of Andhra Pradesh prosecuted Bimal Krishna Kundu and his son for conspiring to leak Public Service Commission examination question papers, alleging they used dummy firms to obtain printing contracts and printed the papers at their own press. Despite being blacklisted in 1994, the alleged leakage continued, le…
JAGBIR AND ANR.versusSTATE OF PUNJAB
1998 INSC 3463 September 1998Case Allowed
The police filed a report under Section 190(1)(b) CrPC and the trial court acquitted all accused. The complainant, Birbal, appealed to the High Court under Section 378(4) after obtaining leave, and the High Court convicted two of the appellants. The appellants challenged this conviction before the Supreme Court under S…
MANSUKHLAL VITHALDAS CHAUHANversusSTATE OF GUJARAT
1997 INSC 6373 September 1997Appeal(s) allowed
M.V. Chauhan, a Divisional Accountant, was caught in a trap involving anthracene‑treated currency notes and was prosecuted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 IPC. The Gujarat High Court, on a writ petition, directed the Secretary of the Vigilance Commission to grant sanction fo…
STATE REP. BY C.B.I.versusANILSHARMA
1997 INSC 6393 September 1997Appeal(s) allowed
The Central Bureau of Investigation (CBI) investigated former Himachal Pradesh minister Anil Sharma under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Sharma applied to the Himachal Pradesh High Court for anticipatory bail under Section 438 of the C…
BHAG SINGH AND ORS. ETC.versusSTATE OF PUNJAB
1997 INSC 6403 September 1997Dismissed
The appellants were convicted of murdering Bagicha Singh and their conviction was upheld by the Sessions Court and the Punjab & Haryana High Court. On appeal, they argued that the eye‑witnesses, who had previously testified against them in a related murder case, were biased and that their precise recollection of events…
STATE OF GUJARATversusMOHAMMED ATIK AND ORS.
1998 INSC 1723 April 1998Appeal(s) allowed
The State of Gujarat appealed a trial court order that barred the use of confessional statements recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) in separate bomb‑blast cases. The Supreme Court held that a confession made to a police officer of at least Superintendent r…
KOVVURI SURYA BHASKARA REDDY ETC.versusSTATE OF ANDHRA PRADESH ETC.
1998 INSC 1233 March 1998Disposed off
The case involved six accused who attacked and killed Buchi Reddi with knives, spears and an axe. The trial court convicted all of them under Sections 148 and 302 IPC, and also under Sections 307, 326 and 324 IPC. The High Court set aside the convictions of four accused, reasoning that the FIR did not specify the manne…
THE STATE OF GUJARAT AND ORS.versusDILIPBHAI NATHJIBHAI PATEL
1998 INSC 1243 March 1998Appeal(s) allowed
The State of Gujarat filed a criminal appeal against Dilipbhai Nathjibhai Patel challenging a High Court order that a prior hearing was required before granting sanction for prosecution under Section 147(1)(d) of the Gujarat Cooperative Societies Act. The appellant had obtained sanction from the District Registrar as m…
RAJAYANversusSTATE OF KERALA AND ANR.
1998 INSC 1253 March 1998Dismissed
The appellant, Raja Yan, was married to Sanalkumari who later committed suicide. The prosecution alleged that the appellant repeatedly demanded dowry before and after the marriage, leading to mental and physical cruelty that caused her death. The trial court acquitted the appellant, but the Kerala High Court reversed t…
STATE OF UPversusDAN SINGH AND ORS.
1997 INSC 853 February 1997Disposed off
The State of Uttar Pradesh alleged that a large mob of villagers attacked a scheduled‑caste marriage party, killing 14 and injuring 7. The key issue was whether the mob constituted an unlawful assembly with the common object of killing the Doms, and whether the accused could be held liable under Section 149 IPC based o…
SAJJAN SINGHversusSTATE OF MADHYA PRADESH
1998 INSC 3402 September 1998Dismissed
The appellants were convicted of murder under Sections 302/149 IPC for the killing of Munnabhai, but the Madhya Pradesh High Court Division Bench was split on the convictions of seven of them. The matter was referred to a third judge under Section 392 of the CrPC, who refused to revisit the convictions of three appella…
RAMESH BABULAL DOSHIversusTHE STATE OF GUJARAT
1996 INSC 6122 May 1996Appeal(s) allowed
The appellant, Ramesh Babulal Doshi, was charged with the murder of Khodibhai Patel and related offences. The prosecution relied solely on circumstantial evidence, including sightings of the appellant with the deceased, a trunk containing the body, and blood‑stained articles recovered from the appellant's flat. The tri…
CENTRAL BUREAU OF INVESTIGATIONversusV.C. SHUKLA AND ORS.
1998 INSC 1192 March 1998Dismissed
The Central Bureau of Investigation (CBI) relied on two spiral notebooks and related documents recovered from J.K. Jain's premises to charge politicians V.C. Shukla and L.K. Advani, alleging they received bribes through a hawala scheme. The Supreme Court examined whether the notebooks qualified as "books of account" un…
CHANDRAKANT PATILversusSTATE THROUGH CBI
1998 INSC 502 February 1998Disposed off
Four accused were caught red‑handed with lethal explosives and convicted under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, receiving five years' rigorous imprisonment. They appealed under Section 19 of TADA seeking sentence enhancement, contending that under Section 377(3) of the Crimin…
M/S. V.B.C. EXPORTS PVT. LTD. AND ANR.versusCOMMANDER S.D. BAIJAL AND ORS.
1996 INSC 8141 August 1996Dismissed
In July 1984 foreign trawlers chartered by V.B.C. Exports Pvt. Ltd. and others were seized for fishing in Indian maritime zones at a depth of less than 40 fathoms, violating permit conditions. The trial court convicted the vessel owners but acquitted the charterer companies and their managing directors; the Bombay High…
STATE OF RAJASTHANversusSANJAY KUMAR AND ORS.
1998 INSC 2131 May 1998Case Allowed
The State of Rajasthan filed a complaint under sections 27(d) and 27(b)(i) of the Drugs and Cosmetics Act, 1940 alleging that sub‑standard drugs were being sold. Samples were collected on 29‑Feb‑1988, but the Government Analyst’s report confirming the drugs were not of standard quality was received on 2‑July‑1988. The …
KRISHANversusSTATE OF HARYANA
1997 INSC 4621 May 1997Disposed off
Krishan, already serving life imprisonment for a prior murder, was convicted of murdering his brother‑in‑law Ranbir inside District Jail, Sonepat, using a spade. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the death penalty was justified u…
M.R. PATIL AND ANR.versusMEMBER, INDUSTRIAL COURT AND ANR.
1997 INSC 3431 April 1997Leave Granted & Allowed
Two recognised workers' unions and a third union (respondent No.2) that was not recognised under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, challenged a circular issued by the Maharashtra State Road Transport Corporation regarding payment of interim relief. The unre…