SUDHIR SHANTILAL MEHTAversusC.B.I.
2009 INSC 10357 August 2009Disposed off
The case concerned the discounting and rediscounting of two bills of exchange by UCO Bank, allegedly to provide funds to stock‑broker Harshad Mehta for securities transactions. The Supreme Court examined whether the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 had jurisdiction over…
R. VENKATAKRISHNANversusCENTRAL BUREAU OF INVESTIGATION
2009 INSC 10377 August 2009Disposed off
The case concerned a massive "call money" scam in which Rs 40 crore of National Housing Bank funds were diverted to broker Harshad Mehta’s account through officials of UCO Bank and NHB. The appellants – senior officials of UCO Bank and NHB – were convicted by a Special Court under the Special Court (Trial of Offences R…
BHAVESH JAYANTI LAKHANIversusSTATE OF MAHARASHTRA & ORS.
2009 INSC 10387 August 2009Appeal(s) allowed
The appellant, an Indian citizen, married a US citizen and had a daughter. A US probate court granted temporary custody of the child to the mother, but the appellant allegedly forged documents and took the child to India, violating the custody order. The US court issued arrest warrants which were transmitted to India v…
MALAY KUMAR GANGULYversusDR. SUKUMAR MUKHERJEE AND OTHERS
2009 INSC 10257 August 2009Disposed off
The case concerned the death of Anuradha Saha, who was treated for Toxic Epidermal Necrolysis (TEN) by several doctors in Kolkata and Mumbai. The complainant alleged that the doctors prescribed excessive doses of the steroid Depomedrol and failed to provide essential supportive care, constituting criminal negligence un…
MIR NAGVI ASKARIversusC. B. I.
2009 INSC 10307 August 2009Disposed off
The Supreme Court examined the conduct of four bank officers (Accused 1, 2, 4 and 5) and a securities broker (Accused 3) who were alleged to have credited large sums to the broker's account without the corresponding bankers' cheques being in the bank’s possession, thereby causing loss to the bank. The Court held that a…
DALIP KAUR & ORS.versusJAGNAR SINGH & ANR.
2009 INSC 8747 July 2009Appeal(s) allowed
The appellants entered into a sale agreement for agricultural land, received an advance and further payment, but later executed a deed of sale in favour of third parties and returned only part of the advance. The second respondent filed an FIR alleging cheating and criminal breach of trust, and the appellants sought to…
JEEWAN KUMAR RAUT & ANR.versusCENTRAL BUREAU OF INVESTIGATION,
2009 INSC 8757 July 2009Dismissed
The appellants, medical practitioners, were charged under the Indian Penal Code and the Transplantation of Human Organs Act (TOHO) for alleged illegal organ removal. The initial FIR was lodged with the Gurgaon police, but investigation was transferred to the Central Bureau of Investigation (CBI), which filed a complain…
PAYAPPAR SREE DHARMASASTHA TEMPLE A. COM.versusA.K. JOSSEPH & ORS.
2009 INSC 8867 July 2009Case Partly allowed
The Payappar Sree Dharmasastha Temple, represented by its Advisory Committee, challenged a Kerala High Court order that dismissed the Travancore Devaswom Board’s suit for eviction of an alleged encroacher, A.K. Joseph. The Board’s suit was rejected on the ground that a 1958 decree in favour of Joseph, obtained in a sui…
N. DEVINDRAPPAversusSTATE OF KARNATAKA
2007 INSC 5247 May 2007Dismissed
The appellant, a retired headmaster, induced a complainant to pay Rs.2,000 as advance for a plot of land that he did not own, issuing bogus receipts and promising allotment within months. The trial court convicted him under Section 420 of the Indian Penal Code for cheating, and the Karnataka High Court upheld the convi…
STATE OF MAHARASHTRAversusSIRAZ AHMED NISAR AHMED AND ORS.
2007 INSC 5257 May 2007Disposed off
The State of Maharashtra alleged that a gang led by Chota Shakeel conspired to murder politician Ramdas Nayak, arranging vehicles, firearms and ammunition. The Designated Court acquitted all accused of the murder and related offences, convicting only three of them under the Arms Act for possession of prohibited weapons…
NISHAN SINGHversusSTATE OF PUNJAB
2008 INSC 3217 March 2008Dismissed
The case involved three successive murders and related injuries in Punjab, for which the accused Nishan Singh, Pargat Singh‑I and others were convicted under Section 302 IPC, with some also charged under Section 34 IPC for common intention. The appellants challenged the convictions on procedural grounds, chiefly allegi…
GAUTAM SARUPversusLEELA JETLY AND ORS.
2008 INSC 3227 March 2008Case Allowed
Gautam Sarup filed a suit to declare his title to property bequeathed to him by a will and to obtain a permanent injunction. Respondent No.6, Leela Jetly, initially filed a written statement admitting the plaintiff's claims, but later denied having signed that statement and sought to withdraw it by filing a second writ…
PERIYAR & PAREEKANNI RUBBERS LTD.versusSTATE OF KERALA
2008 INSC 3237 March 2008Dismissed
Periyar & Pareekanni Rubbers Ltd., a distillery registered under the Kerala General Sales Tax Act, leased its factory to Eagle Distillery Ltd. The lessee continued to use the lessor's sales‑tax registration number and statutory Forms C and D, but failed to remit the tax collected. The assessing authority issued notices…
PRAMOD KUMARversusU.P. SECONDARY EDUCATION SERVICES COMMISSION & ORS.
2008 INSC 3247 March 2008Dismissed
Pramod Kumar was appointed as an ad‑hoc Assistant Teacher in 1988 on the basis of a B.Ed. degree from Maithili Vishwa Vidyapeeth, an institution not recognised under the University Grants Commission Act. When the management discovered the degree was unrecognised, he was directed to obtain a B.Ed. from a recognised univ…
ARUN SINGH @ ARUN KUMAR SINGHversusSTATE OF BIHAR AND ORS.
2006 INSC 1397 March 2006Appeal(s) allowed
Arun Singh was elected to the Nauhatta Panchayat Samiti but had earlier been dismissed from his post as a Dafadar. The State Election Commission held that his dismissal was not for misconduct and therefore he was not disqualified under Section 139(1)(f) of the Bihar Panchayat Raj Act, 1993. The Patna High Court, howeve…
NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR.versusCOMMITTEE OF MANAGEMENT AND ORS.
2006 INSC 1407 March 2006Appeal(s) allowed
The National Council for Teacher Education (NCTE) rejected an application for B.Ed. course recognition filed by a teacher‑education institution for the 2005‑2006 academic year, on the ground that essential documents (registered lease deed and approved building plan) were submitted after the statutory cut‑off date. The …
MUNICIPAL CORPORATION OF GREATER MUMBAIversusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.
2006 INSC 1417 March 2006Appeal(s) allowed
The Municipal Corporation of Greater Mumbai (MCGM) appealed to the Supreme Court against disparaging remarks made by the Bombay High Court in a writ petition challenging the validity of Development Control Regulation No.58 (OCR 58) under the Maharashtra Regional and Town Planning Act, 1966. The petition sought to ensur…
BOMBAY DYEING AND MFG. CO.LTD.versusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.
2006 INSC 1427 March 2006Appeal(s) allowed
The case concerned the validity of Development Control Regulation 58 (OCR 58) under the Maharashtra Regional and Town Planning Act, 1966, its 2001 amendment and a 2003 clarification, as applied to sick, closed or modernising cotton‑textile mills in Bombay. The petitioners, a public‑interest group, challenged OCR 58 on …
ELECTION COMMISSION OF INDIAversusST. MARYS SCHOOL AND ORS.
2007 INSC 12416 December 2007Dismissed
The petitioners, an unaided school governed by the Delhi School Education Act, challenged the Election Commission’s practice of deploying teachers from government schools for election‑related duties during school hours, alleging that it disrupted education and violated the right to education. The Delhi High Court had d…
ANUJ GARG & ORS.versusHOTEL ASSOCIATION OF INDIA & ORS.
2007 INSC 12426 December 2007Dismissed
The Supreme Court examined the constitutional validity of Section 30 of the Punjab Excise Act, 1914, which barred men under 25 and all women from employment in premises serving liquor. The Court held that the provision violates Articles 14, 15 and 19(1)(g) of the Constitution because it is an unreasonable classificatio…
ROTASHversusSTATE OF RAJASTHAN
2006 INSC 9626 December 2006Dismissed
The appellant, Rohtash, was convicted under IPC s.302 read with s.34 for the murder of Moosaram, alleged to have been carried out by a group armed with iron pipes. The prosecution relied on statements of the first informant (PW‑1) and the victim's mother (PW‑6), both of whom named Rohtash as part of the attacking party…
BHUPENDRA SINGH BHATIAversusSTATE OF M.P. AND ORS
2006 INSC 9636 December 2006Appeal(s) allowed
The Supreme Court considered a dispute where the State of Madhya Pradesh, under a new excise policy, purchased foreign liquor from a wholesaler, Bhupendra Singh Bhatia, at rates fixed by a district‑level purchase committee in April‑May 1996, pending a final decision by a state‑level committee. After the state‑level com…
RAGHUNATH RAI BAREJA AND ANR.versusPUNJAB NATIONAL BANK AND ORS.
2006 INSC 9656 December 2006Appeal(s) allowed
The appellant, a guarantor and director of a liquidated company, challenged the Punjab National Bank's attempt to recover a debt by filing execution petitions. The High Court transferred the third execution petition, filed in 1999, to the Debt Recovery Tribunal (DRT) invoking inherent powers. The Supreme Court held tha…
OM PRAKASH AND ORS.versusSHIV KUMAR AND ORS.
2006 INSC 9666 December 2006Dismissed
The respondents filed a suit for possession of land alleging that the appellant had obtained a fabricated Will of the deceased owner, Smt. Ram Ditti, to secure mutation of revenue records and possession. The trial court dismissed the suit, but the first appellate court and the Himachal Pradesh High Court reversed that …
DR. T.A. QUERESHIversusCOMMISSIONER OF INCOME TAX, BHOPAL
2006 INSC 9676 December 2006Appeal(s) allowed
The appellant, a medical practitioner, was arrested for manufacturing and selling heroin, and the seized heroin was claimed as a loss in his income‑tax return on the ground that it formed part of his stock in trade. The assessing officer disallowed the claim, treating the amount as income from undisclosed sources, and …
PUNJAB WATER SUPPLY & SEWERAGE BOARDversusRANJODH SINGH AND ORS.
2006 INSC 9686 December 2006Appeal(s) allowed
The Punjab Water Supply & Sewerage Board (the Board) engaged several workers on a contractual basis for water and sewerage schemes and later terminated their services. The workers filed writ petitions seeking regularisation of their employment under a policy scheme issued by the State of Punjab. The High Court directed…
P.N. PREMACHANDRANversusTHE STATE OF KERALA AND ORS.
2003 INSC 6136 November 2003Dismissed
In the Kerala Department of Agriculture, Soil Survey Assistants were temporarily promoted to Assistant Director (Soil Survey) from 1964 to 1980 because a Departmental Promotion Committee (DPC) had not been constituted. When the DPC was finally formed in 1984, it regularised those temporary promotions by granting them r…
STATE OF KARNATAKA AND ORS.versusP.M. BHASKARA GOWDA AND ORS.
2003 INSC 6146 November 2003Disposed off
The Karnataka Village Officers' Abolition Act, 1961 abolished hereditary village offices but permitted existing holders to continue on an ad‑hoc basis. The respondents, appointed as Gram Sahayaks on a compassionate, contract basis between 1979‑1983, sought regularisation as Group D employees with salary parity. The Kar…
STATE OF HARYANA AND ORS.versusSUMITRA DEVI AND ORS.
2003 INSC 6156 November 2003Appeal(s) allowed
The respondents, appointed as JBT teachers in Haryana in the early 1980s, already possessed B.Ed. or equivalent qualifications before their appointments. They claimed entitlement to a higher pay scale under a 1957 Punjab Government circular that linked higher qualifications to higher grades. The State issued a 1990 Gov…
LILLY KUTTYversusSCRUTINY COMMITTEE, S.C. AND S.T. AND ORS.
2005 INSC 4906 October 2005Dismissed
Lilly Kutty claimed to be a Hindu Pulayan Scheduled Caste member and, on the basis of a caste certificate, was elected President of a Gram Panchayat seat reserved for Scheduled Castes. A rival candidate filed a complaint under the Kerala (Scheduled Castes and Scheduled Tribes) Regulations of Issue of Community Certific…
MOHD. FAROOQ ABDUL GAFUR AND ANOTHERversusSTATE OF MAHARASHTRA
2009 INSC 10196 August 2009Disposed off
The case involved a gang‑led shoot‑out in Mumbai that resulted in three deaths and several injuries. The accused were charged under the IPC, the Maharashtra Control of Organized Crime Act (MCOCA) and the Arms Act. The trial court convicted six of the eight accused, sentencing three to death, while two were acquitted. O…
G.VARALAKSHMI & ANR.versusG.SRINIVASA RAO(D) THROUGH LRS. & ANR
2009 INSC 10206 August 2009Disposed off
The case concerned a dispute over the partition of certain properties originally belonging to G.R. Kuppuswamy Naidu, who had acquired them by a Will executed by his father in 1921. After Kuppuswamy's death, his sons and their descendants claimed the properties, while the plaintiffs argued that the lands formed a Mitaks…
M/S FIXITY PACKAGING INDUSTRIES PVT. LTD. & ORS.versusUDYEN JAIN (HUF)
2009 INSC 10216 August 2009Disposed off
The respondent filed a summary suit under Order XXXVII of the CPC for recovery of Rs.2.66 crore on account of dishonoured cheques. The appellants sought leave to defend and the trial judge granted conditional leave, directing them to deposit Rs.2 crore within two months or have the leave revoked. The High Court upheld …
KULWINDER SINGHversusSTATE OF PUNJAB
2007 INSC 8156 August 2007Disposed off
Kulwinder Singh was accused of attempting to rape the sister of the complainant, subsequently strangling her, and assaulting the complainant's grandmother with a gandasi, leading to both victims' deaths. The trial court convicted him under Section 302 IPC and sentenced him to death; the High Court set aside the death s…
GANGAMMA ETC.versusG. NAGARATHNAMMA & ORS. ETC.
2009 INSC 8606 July 2009Case Partly allowed
The respondents, a mother and her minor daughter, filed a partition suit claiming a one‑third share in certain agricultural and urban properties, alleging that the properties were ancestral joint‑family assets. The trial court awarded them a one‑sixth share, but the High Court reversed, holding that two of the properti…
STATE BANK OF INDIA AND ANR.versusMULA SAHAKARI SAKHAR KARKHANA LTD.
2006 INSC 4056 July 2006Appeal(s) allowed
The cooperative society Mula Sahakari Sakhar Karkhana Ltd. entered into a turnkey contract for a paper plant with Pentagon Engineering, which required a 10% retention amount to be secured by a bank guarantee. State Bank of India issued a document on 4 September 1985 that purported to indemnify the society against losse…
KULDEEP SINGHversusGOVT. OF NCT OF DELHI
2006 INSC 4066 July 2006Dismissed
The Government of NCT of Delhi invited applications for L‑52 liquor licences for 2004‑05, but later announced a policy to stop issuing fresh licences. The appellants, who had applied before the policy change, claimed that they had an accrued right and a legitimate expectation to be granted licences, especially after so…
BHAGYALAKSHMI AND OTHERSversusUNITED INSURANCE CO. LTD. AND ANOTHER ETC.
2009 INSC 7056 May 2009Matter referred to larger bench
The appellants, heirs of a deceased passenger, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for death incurred while travelling in a private car. The Motor Accident Claims Tribunal awarded compensation, which was set aside by the Karnataka High Court on the ground that the insurance policy did…
HARMINDER KAUR & ORS.versusUNION OF INDIA & ORS.
2009 INSC 7066 May 2009Dismissed
The appellants, school teachers appointed on contract under the Chandigarh Education Service (School Cadre) Recruitment Rules, 1991, sought regularisation of their posts, arguing that their long tenure entitled them to be absorbed into the regular service. The Central Administrative Tribunal dismissed their application…
SURESH KUMAR SINGHversusSTATE OF U.P.
2009 INSC 7076 May 2009Case Partly allowed
The appellant, Suresh Kumar Singh, was convicted under IPC Sections 3048 (dowry death) and 498A (cruelty) for the death of his wife Asha Devi, who died from burns on 8 December 1993. The marriage date was disputed (1983 or 1987), and the prosecution alleged dowry demands and a prior attempt to burn the victim a year ea…
SWARAN SINGH CHANDversusPUNJAB STATE ELECTRICITY BOARD & ORS.
2009 INSC 7086 May 2009Appeal(s) allowed
The appellant, Swaran Singh Chand, was compulsorily retired by the Punjab State Electricity Board under a circular dated 14‑08‑1981 that laid down guidelines for premature retirement. He challenged the order, contending that it was based on stigmatic remarks about his integrity, that the guidelines were not properly co…
MOHAMMED ISHAQversusS. KAZAM PASHA & ANR.
2009 INSC 7096 May 2009Appeal(s) allowed
The case arose from a violent intrusion by A‑1 and his associates into the house of Mohammed Ishaq, during which household articles were seized and several occupants were assaulted. The trial court convicted A‑1 under IPC sections 148 (unlawful assembly), 392 (robbery) and 452 (house‑trespass) and sentenced him to rigo…
STATE OF H.P.versusNAZAR SINGH AND ANR.
2009 INSC 7106 May 2009
The incident occurred on 30 March 1993 when Lamber Singh was assaulted in his field by Sarwan Singh, who wielded a broken gandasi, and several others armed with lathis, resulting in his death. The accused – Sarwan Singh (deceased), Jagtar Singh (deceased), Nazar Singh and Baldev Singh – were convicted by the trial cour…
MITHABHAI PASHABHAI PATEL AND OTHERSversusSTATE OF GUJARAT
2009 INSC 7116 May 2009Appeal(s) allowed
The appellants were charged with multiple offences arising from an incident in August 2002 and were initially remanded to police custody under Section 167(2) of the Cr.P.C. After a charge‑sheet was filed, the Sessions Court took cognizance and the High Court granted them bail. A Special Investigation Team (SIT) was lat…
PREM SINGH & ORS.versusSTATE OF HARYANA
2009 INSC 7126 May 2009Dismissed
The Supreme Court examined the conviction of two accused under Sections 302 and 149/34 of the Indian Penal Code for the murder of Krishan, while three co‑accused had been acquitted by the High Court. The appellants argued that contradictions in the eyewitness testimonies and the High Court's failure to mention Section …
C.B.I, NEW DELHI.versusABHISHEK VERMA
2009 INSC 7136 May 2009Dismissed
The Supreme Court examined appeals by the CBI challenging the Delhi High Court’s grant of bail to Abhishek Verma, who was charged under Sections 3 and 9 of the Official Secrets Act, 1923 and Sections 409/109 read with 120‑B of the IPC for allegedly receiving classified defence information via pen drives. The Court held…
RAJ RANI & ORS.versusORIENTAL INSURANCE CO. LTD. & ORS.
2009 INSC 7146 May 2009Disposed off
The deceased, Diwan Pal Singh, an Assistant Engineer aged 42 with a monthly salary of Rs 17,431 and a prospective promotion to Executive Engineer, died in a collision with a stationary truck whose lights were off. His children and parents filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988.…
SUBHASH KUMARversusSTATE OF UTTARAKHAND
2009 INSC 7156 May 2009Dismissed
On 31 January 2000, Subhash Kumar and three others assaulted Surendra Kumar Sehgal with khukris at a college gate, causing multiple injuries. The FIR named Subhash and the three co‑accused as being armed and recorded Subhash's specific act of placing his hand on the victim's shoulder and urging the attack. All four wer…
NARESH SHANKAR SRIVASTAVAversusSTATE OF U.P. & ORS.
2009 INSC 7166 May 2009Appeal(s) allowed
The Uttar Pradesh Cooperative Processing and Cold Storages Federation Ltd (PACSFED) was originally registered as an apex cooperative society under the Uttar Pradesh State Cooperative Societies Act, 1965, with its area of operation covering the whole state. When the Uttar Pradesh State Re‑organisation Act, 2000 came int…
N. KANNADASANversusAJOY KHOSE AND OTHERS
2009 INSC 7326 May 2009Dismissed
The appellant, N. Kannadasan, was an Additional Judge of the Madras High Court who was not confirmed as a permanent judge and later appointed as President of the State Consumer Disputes Redressal Commission under Section 16 of the Consumer Protection Act, 1986. Writ petitions challenged his appointment on the grounds t…
S.V.L.MURTHYversusSTATE REP. BY CBI, HYDERABAD
2009 INSC 7346 May 2009Appeal(s) allowed
The case involved six accused bank officials and businessmen charged with criminal conspiracy, cheating and corruption for allegedly abusing a cheque‑discounting facility of State Bank of India. The Special Judge and the High Court convicted all six under Sections 120‑B and 420 of the IPC and, for three of them, under …
GURNUNATH DONKAPPA KERI AND ORS.versusSTATE OF KARNATAKA
2009 INSC 7356 May 2009Dismissed
The case arose from a long‑standing boundary dispute between two families in a Karnataka village, which escalated into a violent confrontation that resulted in the deaths of three persons. The prosecution relied on the testimony of three natural witnesses who were relatives of the victims, and on a First Information Re…
RAJU PREMJIversusCUSTOMS NER SHILLONG UNIT
2009 INSC 7366 May 2009Appeal(s) allowed
The appellants Raju Premji and Arun Kanungo were convicted under Sections 21, 28 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for abetting possession of heroin, based primarily on confessional statements recorded while they were in police custody and later handed over to customs officers. The tri…
BALDEV SINGHversusSTATE OF PUNJAB
2009 INSC 7376 May 2009Appeal(s) allowed
The appellant, Baldev Singh, was convicted under Section 302 read with Section 120B IPC for the murder of his brother Pritam Singh. The conviction was based mainly on the testimony of a taxi driver (PW‑26) who claimed to have overheard a conspiratorial discussion, and on an alleged extra‑judicial confession of a co‑acc…
DEVENDRA &ORS.versusSTATE OF U.P. & ANR.
2009 INSC 7386 May 2009Appeal(s) allowed
The appeal arose from a civil dispute among co‑sharers over the extent of their shares in a joint family property. Two co‑sharers sold a portion of the property to third parties, prompting the remaining co‑sharer to file a suit for cancellation of the sale deed and a criminal complaint alleging cheating and forgery und…
HEM SINGH @ HEMUversusSTATE OF HARYANA
2009 INSC 7396 May 2009Appeal(s) allowed
The appellants were accused of a gun‑battle with police in a village, during which a police constable and an alleged dacoit died. The trial court convicted them under Sections 302, 307, 353 read with 34 of the IPC, while the High Court affirmed the conviction. The Supreme Court held that the identification of the accus…
U. SUVETHAversusSTATE BY INSPECTOR OF POLICE AND ANOTHER
2009 INSC 7406 May 2009Appeal(s) allowed
An FIR was lodged against U. Suvetha, describing her as the "girl friend"/"concubine" of the husband of the complainant. Suvetha sought discharge on the ground that the allegation, even if true, did not constitute an offence under Section 498A of the Indian Penal Code (IPC). The Madras High Court dismissed the applicat…
COMMISSIONER OF INCOME TAX, SHIMLAversusM/S. GREENWORLD CORPORATION, PARWANOO
2009 INSC 7206 May 2009Disposed off
The Supreme Court examined whether the assessment order against Mis. Greenworld Corporation was passed under the undue influence of the Commissioner of Income Tax, Shimla, thereby rendering it a nullity. It held that a revisional authority under Section 263 can intervene only when an order is erroneous and prejudicial …
STATE OF M.P. & ANR.versusMD. ABRAHIM
2009 INSC 7216 May 2009Appeal(s) allowed
The respondent, Md. Ibrahim, was engaged on a daily‑wage basis as a driver in three separate spells between 1980 and 1983. He filed an application under Sections 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 seeking classification as a permanent driver, alleging discrimination because a junior employee…
M/S KUSHAL FERTILISERS (P) LTD.versusTHE COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, MEERUT
2009 INSC 7226 May 2009Appeal(s) allowed
Kushal Fertilisers Ltd, a manufacturer of MS conduit pipes, claimed exemption from central excise duty under Notification No.202/88 but failed to obtain a licence or file a declaration under Rule 174. The Commissioner issued a show‑cause notice under Section 11A and Rule 209A alleging that the company suppressed the fa…
STATE OF HIMACHAL PRADESHversusRAKESH KUMAR
2009 INSC 7256 May 2009Case Partly allowed
The State of Himachal Pradesh charged Rakesh Kumar with murder under Section 302 IPC for stabbing the deceased, Sanjiv Sen, in the chest during a party at Yash Pal's house. The trial court convicted Kumar based on the testimony of three natural witnesses present in the room and the recovery of a blood‑stained knife fro…
CHIEF ENGINEER/OPERATION DAKSHINI HARYANA BIJLI VITRAN NIGAM LTD. & ANR.versusMAUJ KHAN & ORS.
2009 INSC 7306 May 2009Appeal(s) allowed
The respondent, a Upper Division Clerk appointed in 1975, was required to pass the Departmental Accounts Examination within two years of joining and obtain five chances to do so, as stipulated in Rule 13 of the Haryana State Electricity Board Manual of Orders. He never appeared for the examination, and consequently his…
HARYANA VIDYUT PARSARAN NIGAM LIMITED & ANR.versusGULSHAN LAL & ORS.
2009 INSC 7426 May 2009Dismissed
Haryana Vidyut Parishan Nigam Limited (the corporation) owned two thermal power plants; employees at its Faridabad plant sued for higher pay scales, seeking a declaration of entitlement and a mandatory injunction to pay the higher salaries with interest, invoking the principle of equal pay. The trial court, relying on …
HARYANA STATE ELECTRICITY BOARD & ANR.versusGULSHAN LAL AND ORS.
2009 INSC 7436 May 2009Appeal(s) allowed
The Haryana State Electricity Board (HSEB) operated two thermal power plants with differing pay scales for identical posts, prompting employees at the Faridabad plant to sue for equal pay based on the doctrine of "equal pay for equal work". The lower courts granted higher pay and designation to the plaintiffs, relying …
TATA POWER COMPANY LTD.versusRELIANCE ENERGY LIMITED AND OTHERS
2009 INSC 7316 May 2009Appeal(s) allowed
The Supreme Court examined a dispute between Tata Power Company (TPC), its distribution arm, BEST and Reliance Infrastructure (Rlnfra) over the Maharashtra Electricity Regulatory Commission's (MERC) approval of power purchase agreements (PPAs) and its direction to allocate generation capacity. The core issue was whethe…
M/S. RADHEY SHYAM RATANLAL & ANR.versusCOMMNR. OF CUSTOMS (ADJUDICATION), MUMBAI
2009 INSC 7446 May 2009Dismissed
The appellants imported bulk cloves and claimed that the customs duty should be assessed on the contract price of US$2600 per metric ton, which they alleged was the transaction value. The Customs Department, relying on Section 14(1) of the Customs Act, 1962 and Rules 4, 5 and 10A of the Customs Valuation Rules, 1988, d…
MOHAMMEDIA COOP. BUILDING SOCIETY LTD.versusLAKSHMI S. COOP. BUILDING SOCIETY LTD & ORS.
2008 INSC 5886 May 2008Appeal(s) allowed
The dispute concerned a 35‑acre wakf land in Vijayawada. The Wakf Board had appointed eight ‘Mujawars’ to manage the Dargah, and they entered into a sale agreement on 2 August 1982 with Mohammedia Co‑op Building Society Ltd. The sale required prior sanction of the State Wakf Board and publication of the proposed transa…
LALIT KUMAR SHARMA AND ANR.versusSTATE OF U.P. & ANR.
2008 INSC 5896 May 2008Case Allowed
Mis. Mediline India (P) Ltd obtained a loan of Rs.5,00,000 and issued two cheques which bounced for insufficient funds. A complaint under Section 138 of the Negotiable Instruments Act and Section 420 IPC was filed against two directors, Ashish Narula and Manish Arora, who were later convicted. While the case was pendin…
R & B FALCON (A) PVT. LTD.versusCOMMISSIONER OF INCOME TAX
2008 INSC 5906 May 2008Case Partly allowed
R & B Falcon (A) Pvt. Ltd., an Australian company supplying offshore drilling rigs and crew, provided free air and helicopter transport for its foreign‑resident employees from their home countries to the rig in India and back. The company sought an advance ruling which held that the transport expense was liable to Frin…
LACHHMAN SINGH (DECEASED) THROUGH LEGAL REPRESENTATIVES & ORS.versusHAZARA SINGH (DECEASED) THROUGH LEGAL REPRESENTATIVES & ORS.
2008 INSC 5916 May 2008Case Partly allowed
The appellant sought a decree for redemption of a mortgage whose deed was registered in 1913, but the exact execution date was unknown. The suit was filed on 30 December 1970 and was dismissed by the trial court and first appellate court as barred by limitation. The High Court reversed, holding that the relationship be…
THE TELEPHONE DISTRICT MANAGER & ORS.versusKESHAB DEB
2008 INSC 5926 May 2008Disposed off
Keshab Deb was appointed as a casual daily‑wage driver in the Directorate of Telecommunications, Dimapur, and was terminated allegedly for misconduct after a brief imprisonment. He filed a writ petition alleging violation of Section 25‑F of the Industrial Disputes Act, 1947 and seeking regularisation under a casual‑lab…
C.K. PRAHALADA & ORS.versusSTATE OF KARNATAKA & ORS.
2008 INSC 5936 May 2008Dismissed
The appellant sought the return of articles seized by a hospital after the death of his brother, but the hospital required a succession certificate. A succession certificate was issued in the appellant's favour, yet the hospital did not return the articles. The appellant filed a suit, which was decreed ex parte, and af…
NATIONAL INSURANCE CO. LTD.versusYELLAMMA & ANR.
2008 INSC 5946 May 2008Case Partly allowed
The insurer, National Insurance Co. Ltd., issued a cover note for a mini‑bus after receiving a third‑party cheque for the premium, but the cheque was never encashed and the cover note was cancelled. The bus met with an accident and the victim, Yellamma, claimed compensation under s.166 of the Motor Vehicles Act, 1988. …
SUDHIR KUMAR RANAversusSURINDER SINGH & ORS.
2008 INSC 5956 May 2008Case Allowed
The appellant, a 17‑year‑old minor, was riding a two‑wheeler without a licence when he collided with a mini‑truck driven rashily by the respondent. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 30,000 but reduced it to Rs 12,000 on the ground th…
JASWANT SINGH LAMBAversusHARYANA AGRICULTURAL UNIVERSITY & ORS.
2008 INSC 5966 May 2008Dismissed
The appellant, Jaswant Singh Lamba, challenged a High Court order dated 23.11.1992 that regularised the services of two respondents appointed ad hoc in 1982, thereby affecting his seniority. He filed a review petition, arguing that he was unaware of the order and that the petition should be entertained. The Supreme Cou…
SITARAM AGARWAL & ANR.versusSUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.
2008 INSC 5996 May 2008Dismissed
The father of the respondents purchased land as the shebait of the deity Sri Sri Durgamata Thakurani and later sold it to the appellants. The appellants sought to enforce the sale, while the respondents claimed the land was a debutter (charitable endowment) and that the shebait could not validly sell it. The trial cour…
STATE OF PUNJABversusGURNAM KAUR AND ORS.
2009 INSC 3286 March 2009Dismissed
The police, during a nakabandi operation, apprehended a driver who disclosed that three others had fled. A search of the seized vehicle yielded heroin and opium, leading to a raid on the house of the alleged fugitives where narcotics were found in a box under a bed occupied by three women. The women were convicted unde…
MOHD. ASIFversusSTATE OF UTTARANCHAL
2009 INSC 3366 March 2009Dismissed
The appellant, Mohd. Asif, assaulted the deceased, Mohd. Saeed, with a knife in a cinema hall, causing a stab wound that required surgery. The victim died four days later, with the post‑mortem attributing death to pulmonary embolism, which the defence argued was an intervening cause unrelated to the injury. The trial c…
STATE OF U.P. & ANR.versusRADHEY SHYAM RAI
2009 INSC 3376 March 2009Dismissed
The respondent, Radhey Shyam Rai, was dismissed from his post as Computer Officer in the Uttar Pradesh Ganna Kishan Sansthan, a society registered under the Societies Registration Act, and challenged the dismissal before the High Court, raising the question of whether the Sansthan is a 'State' within the meaning of Art…
PARMANAND PATEL (D) BY LR. & ORS.versusSUDHA A. CHOWGULE & ORS.
2009 INSC 3386 March 2009Disposed off
The Supreme Court examined an appeal challenging a Bombay High Court interim order that appointed the High Court’s Official Receiver for the assets of a company and gave Sudha A. Chowgule exclusive powers to execute documents and induct tenants. The Court reiterated that under Order 40 Rule 1 of the Code of Civil Proce…
ABDUL RAHIM & ORS.versusSK. ABDUL ZABAR & ORS.
2009 INSC 3316 March 2009Appeal(s) allowed
The father, Haji Sk. Abdullah, executed a registered gift deed on 21‑02‑1973 in favour of his younger son Abdul Razak, transferring a house that was let out to tenants. After the father's death, Razak died and his heirs (the appellants) succeeded to his interest. The elder son (respondent No.1) filed a suit in 1980 see…
GUNWANTBHAI MULCHAND SHAH AND ORS.versusANTON ELIS FAREL AND ORS
2006 INSC 1366 March 2006Appeal(s) allowed
The plaintiffs, successors of a predecessor who had entered into a 1964 agreement to purchase a property, filed a suit on 4 April 1994 for specific performance of that agreement and a perpetual injunction, after a public notice and objections in November 1993. The defendants contended that the suit was barred by limita…
RABINDRA MAHTO AND ANR.versusSTATE OF JHARKHAND
2006 INSC 166 January 2006Dismissed
The appellants, members of a Mahto clan, attacked two men who were ploughing a field they claimed as their own, using swords, knives and lathis, resulting in the deaths of Sohrai Puran and Ram Mohan Puran and injuries to others. An FIR was lodged the next day and sent to the magistrate a day later; the defence argued t…
UNION OF INDIA & ORS.versusSICOM LTD. & ANR.
2008 INSC 14015 December 2008Dismissed
The Union of India and other appellants sought to recover central excise dues from SICOM Ltd., which had defaulted on a loan secured by a mortgage under the State Financial Corporation Act, 1951. The State Financial Corporation had taken possession of the mortgaged assets and claimed a first charge over them. The appel…
FARHD K. WADIAversusUNION OF INDIA & ORS.
2008 INSC 14025 December 2008Dismissed
The appellant, Farhd K. Wadia, sought a writ directing that Rang Bhavan, an open‑air theatre in Mumbai, be exempted from the "silence zone" provisions of the Noise Pollution (Regulation and Control) Rules, 2000, after his application to use loudspeakers was rejected following a 2003 Bombay High Court order in a earlier…
TAMILNAD MERCANTILE BANK SHARE HOLDERS WELFARE ASSOCIATIONversusS.C. SEKAR AND ORS.
2008 INSC 14065 December 2008Dismissed
The Tamilnad Mercantile Bank Share Holders Welfare Association (appellant) sought to restrain the election of directors at the bank's 83rd, 84th and 85th Annual General Meetings, alleging that the meetings violated a 26 July 2006 injunction that allowed only certain agenda items to be considered. After the High Court a…
DIRECTORATE OF REVENUE & ANR.versusMOHAMMED NISAR HOLIA
2007 INSC 12265 December 2007Dismissed
The Directorate of Revenue received a fax alleging that a guest in a Mumbai hotel possessed Mandrex tablets and cash. Officers searched the guest's hotel room, seized cash and a fax copy of a consignment note, and recorded the accused's statement under Section 67 of the NDPS Act. The trial court convicted the accused u…
SHIPPING CORPORATION OF INDIA LTD.versusM/S. BHARAT EARTH MOVERS LTD. & ANR.
2007 INSC 12275 December 2007Case Partly allowed
The Shipping Corporation of India Ltd (appellant) was contracted to transport a consignment of 16 packages from Kobe, Japan to Madras, India. Upon arrival, five packages were damaged and the respondent sued for damages limited to two of the packages. The trial court and the Madras High Court applied the Indian Carriage…
UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA ANDANR.versusSTATE OF U.P. & ORS.
2007 INSC 12285 December 2007Dismissed
The appellant, a cooperative society, repeatedly filed several writ petitions and a public interest litigation challenging recovery proceedings and the constitutionality of Section 35A of the Uttar Pradesh Khadi and Village Industries Board Act, 1960. The High Court dismissed the latest writ petition on the ground that…
SHEIKH ABDUL RASHID & ORS.versusSTATE OF J & K & ORS.
2007 INSC 12295 December 2007Appeal(s) allowed
The appellants, who were directly recruited as Sub‑Inspectors on 25‑04‑1979, challenged a Government order dated 03‑12‑1985 that retrospectively promoted certain private respondents (promotees) who had been entered in Promotion List E in 1978. The order sought to give them seniority over the appellants, ignoring the st…
SANKAR DASTIDARversusSHRIMATI BANJULA DASTIDAR AND ANR.
2006 INSC 9505 December 2006Appeal(s) allowed
Respondent No.1, Shrimati Banjula Dastidar, sued her brother Sankar Dastidar for declaration of title to a residential house. The brother had locked a room containing her almirah on 16 March 1987, and an inventory of the goods was later made. In the same proceeding she filed a counter‑claim on 24 June 1992 for damages …
RAMCHANDRA MURARILAL BHATTAD AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2006 INSC 9515 December 2006Dismissed
The Mumbai Metropolitan Region Development Authority (MMRDA) invited bids for a Convention and Exhibition Centre and the appellant submitted the highest bid, but the Authority later cancelled all bids and re‑tendered, awarding the contract to another bidder. The appellant challenged the cancellation, arguing that the A…
M/S. PEACOCK PLYWOOD PVT. LTD.versusTHE ORIENTAL INSURANCE CO. LTD.
2006 INSC 9535 December 2006Appeal(s) allowed
The appellant company insured logs against non-delivery with the respondent insurance company. The ship carrying the logs became stranded at Singapore and offloaded cargo, leading to a claim for constructive total loss. The insurer repudiated the claim, and the appellant filed suit. The Single Judge decreed the suit, b…
SARBANANDA SONOWALversusUNION OF INDIA
2006 INSC 9545 December 2006Case Allowed
The petitioners challenged the Foreigners (Tribunal) Amendment Order, 2006 which made the 1964 Foreigners (Tribunals) Order inapplicable to Assam, arguing that it contravened Articles 14, 21 and 355 of the Constitution and sought to nullify the Supreme Court's earlier judgment in Sarbananda Sonowal v. Union of India (2…
SUBHASH HARNARAYANJI LADDHAversusSTATE OF MAHARASHTRA
2006 INSC 9555 December 2006Appeal(s) allowed
The deceased Yadav Navkar allegedly entered into a sale agreement for his land with the appellants, but a forged General Power of Attorney was later executed by accused No.1, leading to a sale deed in favour of the appellants. After Navkar went missing, his wife filed a report, a FIR was lodged under Sections 364 and 3…
HORI LAL AND ANR.versusSTATE OF U.P
2006 INSC 9575 December 2006Dismissed
The Supreme Court examined a land‑dispute‑related shooting in which members of an unlawful assembly opened fire, killing Hori Lal and Smt Ram Shree and injuring others. The appellants challenged the conviction on grounds that the FIR was ante‑timed, the prosecution failed to prove a common object, the medical evidence …
KULWINDER SINGHversusSTATE OF PUNJAB
2006 INSC 9585 December 2006Dismissed
The appellant, Kulwinder Singh, was convicted along with three others for the murder of Rajbir Singh, allegedly hired by Nirpal Singh, Nardev Singh and their father Pargat Singh in a land‑dispute motive. The prosecution’s case rested on the statements of eyewitness PW‑3, the extra‑judicial confession recorded by PW‑7, …
MUNICIPAL CORPORATION, JABALPURversusOM PRAKASH DUBEY
2006 INSC 9595 December 2006Appeal(s) allowed
The Municipal Corporation of Jabalpur appointed a large number of daily‑wage workers without following the recruitment rules prescribed under the Madhya Pradesh Municipal Corporation Act. Several labour disputes arose and the High Court, exercising contempt jurisdiction, directed the corporation to prepare a gradation …
AHMEDNAGAR ZILLA S.D.V. AND P. SANGH LTD. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.
2003 INSC 6025 November 2003Dismissed
Ahmednagar Zilla S.D.V. and P. Sangh Ltd., a specified cooperative society, amended its bye‑laws to classify member societies into classes A, B and C based on milk supply. The amendment was approved by the Deputy Registrar, and a voters' list was prepared for the election of the managing committee. Respondents appealed…
M/S B.L. GUPTA CONSTRUCTION (P) LTD.versusBHARAT COOPERATIVE GROUP HOUSING SOCIETY LTD.
2003 INSC 6035 November 2003Appeal(s) allowed
The appellant, M.B.L. Gupta Construction, entered into a contract with the respondent, Bharat Cooperative Group Housing Society, to construct 308 dwelling units, which included an arbitration clause for dispute resolution. After completing the work, a dispute arose and the matter was referred to a sole arbitrator, who …
MALLIKARJUNversusGULBARGA UNIVERSITY
2003 INSC 6045 November 2003Appeal(s) allowed
The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer rendered an award, the…
OMPRAKASH & ORS.versusRADHACHARAN & ORS.
2009 INSC 6715 May 2009Dismissed
The case concerned the intestate succession of self‑acquired property of Narayani Devi, a widow who was expelled from her matrimonial home and lived with her parents. After her death, her mother and her brothers applied for a succession certificate, while the heirs of her husband also claimed the property. The Supreme …
STATE OF CHHATISGARH & ORS.versusDHIRJO KUMAR SENGAR
2009 INSC 6725 May 2009Appeal(s) allowed
The deceased headmaster of a government school died intestate, leaving his brother and nephew as natural heirs. The nephew, Dhirjo Kumar Sengar, applied for a compassionate appointment claiming to be the deceased's adopted son, supported by an unregistered deed of adoption and a succession certificate. The Joint Direct…
RAJ KUMAR KHURANAversusSTATE OF (NCT OF DELHI) & ANR.
2009 INSC 6775 May 2009Appeal(s) allowed
The appellant claimed that two blank cheques were stolen and reported the loss to his bank. The cheques were later filled and presented for payment, but the bank returned them with the remark that they were reported lost by the drawer. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act…
RAM SURESH SINGHversusPRABHAT SINGH @ CHHOTU SINGH & ANR.
2009 INSC 6795 May 2009Dismissed
The appellant, Ram Suresh Singh, appealed against a High Court order that held the accused, Prabhat Singh, to be a juvenile on the basis of school admission register entries showing a birth date of 10‑02‑1987. The trial magistrate had appointed a Medical Board which estimated the accused's age to be over 20 years, but …
DHARMESHBHAI VASUDEVBHAI & ORS.versusSTATE OF GUJARAT & ORS.
2009 INSC 6815 May 2009Appeal(s) allowed
The City Co-operative Bank filed a complaint alleging several offences and the Judicial Magistrate ordered an investigation under Section 156(3) CrPC. The complainant later applied to withdraw the inquiry on the ground of a compromise, and the Magistrate recalled his earlier order. Depositors in the bank challenged the…
JAWAHAR SINGH @ BHAGAT JIversusSTATE OF GNCT OF DELHI
2009 INSC 6835 May 2009Dismissed
The appellant was arrested on 26 September 1999 for possession of 600 grams of heroin and was convicted under Section 21 of the NDPS Act, receiving a ten‑year rigorous imprisonment and a fine. The conviction was affirmed by the High Court, and the appellant appealed, contending that the Narcotic Drugs and Psychotropic …
RADHEY SHYAM GARGversusNARESH KUMAR GUPTA
2009 INSC 6845 May 2009Dismissed
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the complainant's evidence was recorded by affidavit. The appellant later sought to have the complainant summoned again for examination in chief, invoking Section 145(2) of the Act, despite the affidavit already constituting …
AKBAR SHEIKH & ORS.versusSTATE OF WEST BENGAL
2009 INSC 6855 May 2009Disposed off
The case arose from a night-time mob attack on 16 May 1982 in Bujung, West Bengal, where several persons were killed and many were accused of being part of an unlawful assembly. The trial court convicted twenty persons under Sections 141, 142, 143 and 149 of the Indian Penal Code, despite some appellants not being name…
DIR., CENT. MARINE FISHERIES RES INST. & ORS.versusA. KANAKKAN & ORS.
2009 INSC 6875 May 2009Dismissed
The Director of the Central Marine Fisheries Research Institute (affiliated to ICAR) appealed against a Supreme Court order granting four former "Computer" employees a revised pay scale of Rs.425‑600. The employees had earlier filed an application before the Central Administrative Tribunal (CAT) which was dismissed as …
HARMANPREET SINGH AHLUWALIA & ORS.versusSTATE OF PUNJAB & ORS
2009 INSC 6885 May 2009Appeal(s) allowed
The appellants, Harmanpreet Singh Ahluwalia and his parents, sought to quash an FIR filed in Jalandhar under IPC sections 406 and 420 alleging dowry demand and criminal breach of trust. The FIR was lodged after the parties had been residing in Canada for several years and the alleged demand was made five years after ma…
BALA BAINE LINGA RAJUversusSTATE OF A.P.
2009 INSC 6915 May 2009Disposed off
The appellant stabbed the husband of PW‑2 with scissors, causing fatal injuries to the lung and heart. The trial court convicted him under IPC s.304 Part I and sentenced him to seven years' imprisonment. The High Court upheld the conviction but released the appellant under the Probation of Offenders Act, 1958, ordering…
UNION OF INDIA & ORS.versusM/S MARTIN LOTTERY AGENCIES LTD.
2009 INSC 7015 May 2009Dismissed
The case concerned whether the sale, promotion and marketing of state‑run lottery tickets by M/s Martin Lottery Agencies Ltd. attracted service tax under Section 65(19) of the Finance Act, 1994. The High Court had held that lottery tickets are not "goods" and that the distributor’s activities were merely promotion, not…
VISHNU DUTT SHARMAversusDAYA SAPRA
2009 INSC 7025 May 2009Appeal(s) allowed
Vishnu Dutt Sharma sued Daya Sapra for recovery of a loan, while simultaneously filing a criminal complaint under Section 138 of the Negotiable Instruments Act for a dishonoured cheque. The criminal trial resulted in an acquittal of Sapra. Sapra then sought to have the civil suit dismissed under Order 7 Rule 11(d) CPC,…
HIDAYATKHAN BISMILLAKHAN PATHANversusVAIJNATH AND ORS.
2009 INSC 7035 May 2009Appeal(s) allowed
The case concerned the Marathwada Sarvodya Shikshan Prasarak Mandal, a public trust, where disputes arose over the validity of elections held in 2001. The first respondent challenged the election, but the Joint Charity Commissioner dismissed the limitation defence and initiated suo‑moto proceedings under s.70A, which w…
PRADEEP CHAUDHARY & ORS.versusUNION OF INDIA & ANR.
2009 INSC 6745 May 2009Dismissed
The petitioners, residents of Haridwar district, challenged the inclusion of their district in the newly created State of Uttarakhand under the Uttar Pradesh Reorganisation Act, 2000, alleging that the Parliament violated the mandatory consultation provision in the proviso to Article 3 of the Constitution. They argued …
CHANDRAKANT HARGOVINDAS SHAHversusDEPUTY COMMISSIONER OF POLICE & ANR.
2009 INSC 6975 May 2009Dismissed
The appellant, a renowned sport shooter, was granted two arms licences (revolver/pistol and rifle) under Form III of the Arms Rules for personal use. Between 1996 and 2005 he bought and sold firearms on 39 occasions and imported arms on 26 occasions, prompting a show‑cause notice alleging misuse of the licences. The li…
SEEMA ARSHAD ZAHEER AND ORS.versusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS.
2006 INSC 2925 May 2006Dismissed
The Municipal Corporation of Greater Mumbai issued show‑cause notices under Section 351 of the Mumbai Municipal Corporation Act, 1888, demanding demolition of several structures alleged to be unauthorized. The occupants filed suits in the City Civil Court and obtained a temporary injunction restraining the Corporation …
SUNNY KAPOORversusSTATE (UT OF CHANDIGARH)
2006 INSC 2935 May 2006Appeal(s) allowed
The deceased businessman Satish Kumar Mehra was found dead near Udyog Bhavan, Chandigarh, and rickshaw pullers including Sunny Kapoor were charged with murder under Sections 302 and 34 of the IPC. The trial court convicted them based largely on circumstantial evidence and alleged extra‑judicial confessions to a social …
NAYINI NARASIMHA REDDYversusDR. K. LAXMAN AND ORS.
2006 INSC 2955 May 2006Dismissed
In the 2004 Musheerabad Assembly election, the appellant N. Narasimha Reddy lost by 240 votes and the respondent Dr. K. Laxman filed an election petition challenging the result. The petition sought summons of several voters as witnesses, alleging that their testimony was essential to prove that the appellant could not …
MUNICIPAL COUNCIL, SUJANPURversusSURINDER KUMAR KUMAR
2006 INSC 2965 May 2006Appeal(s) allowed
The Municipal Council, Sujanpur terminated Surinder Kumar, a daily‑waged worker appointed in violation of its recruitment rules and allegedly as a supervisor. The Labour Court held that Kumar was a workman who had completed the requisite 240 days of work and ordered his reinstatement with full back wages. The High Cour…
LT. GOVERNOR, NCT AND ORS .versusVED PRAKASH @ VEDU
2006 INSC 2985 May 2006Appeal(s) allowed
The Lt. Governor of the NCT and other officials initiated externment proceedings against Ved Prakash @ Vedu under Section 47 of the Delhi Police Act, 1978, alleging that his movements caused alarm and danger and that witnesses were unwilling to testify due to fear. An order directing his removal from Delhi for two year…
SANJA Y SITARAM KHEMKAversusSTTE OF MAHARASHTRA AND ORS.
2006 INSC 2995 May 2006Dismissed
The petitioner, a jewellery businessman, alleged that two respondents conspired against him, leading to false criminal cases and defamatory media coverage. He filed a writ petition in the Bombay High Court seeking investigation, compensation, and other reliefs, which the High Court dismissed on the ground that each pra…
ASHOK KUMAR AND ORS.versusSTATE OF TAMIL NADU
2006 INSC 3005 May 2006Dismissed
The deceased Kumararaja and the appellants were co‑parceners disputing ownership of a piece of agricultural land. On the day of the incident the deceased went to plough the land, was threatened by the appellants, and asked two villagers (PW‑I and PW‑II) to accompany him. While the deceased was ploughing, the appellants…
N. BIRENDRA SINGHversusL. PRIYOKUMAR SINGH AND ORS.
2006 INSC 3015 May 2006Disposed off
The petitioners, who had been regularised as Assistant Engineers with retrospective effect from their ad‑hoc appointments, challenged a seniority list prepared by the State of Manipur that did not reflect their seniority. A Single Judge of the Gauhati High Court quashed the final seniority list and directed that senior…
RAGHU LAKSHMINARAYANANversusM/S. FINE TUBES
2007 INSC 3795 April 2007Appeal(s) allowed
The complainant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by a business concern named Fine Tubes was dishonoured. The complaint named several persons, including the appellant who was described as "in charge, Manager, Director" of …
MAHENDRA SINGHversusSTATE OF M. P.
2007 INSC 3805 April 2007Dismissed
Mahendra Singh and his co‑accused Harbhajan Singh were convicted for the murder of Avtar Singh, the son of complainant Kanto Bai, after a dispute over a borrowed bull. The mother, Kanto Bai, was the sole eye‑witness and her testimony was corroborated by the post‑mortem report. The appellant challenged the conviction on…
BHAGUBHAI DHANABHAI KHALASI AND ANR.versusTHE STATE OF GUJARAT AND ORS.
2007 INSC 3815 April 2007Case Partly allowed
Bhagubhai Dhanabhai Khalasi was detained under the COFEPOSA Act and his properties were forfeited under SAFEMA. After the forfeiture order was cancelled, the immovable property was not returned, and respondent No.4 claimed a sale deed in his favour. The Gujarat High Court dismissed Khalasi's writ petition under Article…
MADHYA PRADESH ADMINISTRATIONversusTRIBHUBAN
2007 INSC 3825 April 2007Case Partly allowed
The Madhya Pradesh Administration terminated the services of Tribhuban, who had been employed on a temporary basis with intermittent breaks, prompting an industrial dispute that was adjudicated by an Industrial Tribunal. The Tribunal awarded retrenchment compensation, notice pay and interest, finding the employer had n…
M. VENKATARAMANA HEBBAR (D) BY L.RS.versusM. RAJAGOPAL HEBBAR AND ORS
2007 INSC 3845 April 2007Dismissed
The parties were co‑owners of a joint family property and entered into a family settlement on 30‑03‑1973 whereby certain co‑owners were to pay Rs 15,000 each to another co‑owner in instalments, after which they would relinquish their rights. The appellant failed to make the payment and the respondents filed a suit for …
SECRETARY,AKOLA TALUKA EDUCATION SOCIETY AND ANR.versusSHIVAJI AND ORS.
2007 INSC 3855 April 2007Case Partly allowed
The appellant, Secretary of Akola Taluka Education Society, runs a vocational training institute that saw a sharp decline in student enrolment. It terminated the services of several teachers without giving the three‑month notice required under Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Servi…
COMMISSIONER OF INCOME TAX AND ANR.versusM/S DISTILLERS CO. LTD.
2007 INSC 3865 April 2007Dismissed
The respondent, Mis Distillers Co. Ltd., a licensed arrack bottler under the Karnataka Excise Act, paid additional amounts to the Excise Department for bottling unmatured arrack and for non‑affixation of labels after failing to comply with a circular prescribing a 15‑day maturation period. It claimed these payments as …
INSPECTOR PREM CHANDversusGOVT. OF N.C.T. OF DELHI AND OTHERS
2007 INSC 3875 April 2007Appeal(s) allowed
Inspector Prem Chand, a raid officer in the Delhi Police, was charged with misconduct, negligence and dereliction of duty for not seizing bribe money that had been tainted with phenolphthalein during a raid on Inspector Preet Pal Bansal. The accused inspector was acquitted in criminal court and the money was later retu…
T. ARUNTPERUNJOTHIversusSTATE THROUGH S.H.O., PONDICHERRY
2006 INSC 2035 April 2006
The Supreme Court considered the appeal of T. Arunthperunjothi, who had been convicted under Section 304B of the IPC for the alleged dowry death of his wife Davamani, who committed suicide in 1994. The prosecution alleged that the husband or his relatives had demanded dowry and harassed the deceased, relying on stateme…
MUNIVELversusSTATE OF TAMIL NADU
2006 INSC 2045 April 2006Dismissed
The Supreme Court examined whether the appellants, who were part of an armed group that attacked the deceased Babu Naidu and his family, could be held liable under Section 302 read with Section 149 of the Indian Penal Code. The facts showed that the accused, including the appellants, arrived with deadly weapons, stabbe…
STA TE OF CHHATTISGARHversusLEKHRAM
2006 INSC 2055 April 2006
The State of Chhattisgarh prosecuted Lekhram for abduction and rape of a married minor, Sushila Bai. The trial court, relying on a school register entry and oral testimony, held that she was a minor at the time of the offence and convicted Lekhram under Section 376 IPC, sentencing him to three years' rigorous imprisonm…
NAGARATHINAM AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE
2006 INSC 2065 April 2006Appeal(s) allowed
The appellants, owners of a brick kiln, were charged with murder, rioting and related offences after a violent clash at a village panchayat meeting that left two persons dead. The trial court convicted them under Section 302 read with Section 149 IPC, while the High Court acquitted them of the 149 charge and convicted …
DHANESHWAR MAHAKUD AND ORS.versusSTATE OF ORISSA
2006 INSC 2075 April 2006Dismissed
Six Mahakud family members were tried for murder, rioting and causing hurt under IPC sections 148, 149, 302 and 323. The High Court acquitted two of them but upheld the conviction of the remaining four for murder. The appellants argued that, because the prosecution could not show that each of them individually caused t…
STATE OF HARYANAversusRANBIR @ RANA
2006 INSC 2085 April 2006Appeal(s) allowed
The accused, Ranbir, was seized with a plastic bag containing 2 kg of charas after a police search of the bag he was carrying. He was convicted under Section 20 of the NDPS Act, but the High Court set aside the conviction on the ground that Section 50, which mandates a search in the presence of a magistrate or gazetted…
COMMISSIONER OF POLICE, NEW DELHIversusNARENDER SINGH
2006 INSC 2095 April 2006Appeal(s) allowed
The case involved Constable Narender Singh, who confessed to theft of firearms while in police custody and was later discharged in the criminal trial due to lack of other evidence. He was dismissed from service in a departmental proceeding based on that confession. The Central Administrative Tribunal and the Delhi High…
RANJIT SINGHversusUNION OF INDIA AND ORS.
2006 INSC 2105 April 2006Appeal(s) allowed
The appellant, an Inspector of Central Excise and Customs, was investigated by the CBI for possessing assets disproportionate to his known income. Although the CBI later filed a closure report and the departmental Enquiry Officer exonerated him, the Disciplinary Authority disagreed with the enquiry findings, issued a s…
M.V. BIJLANIversusUNION OF INDIA AND ORS.
2006 INSC 2115 April 2006Appeal(s) allowed
The appellant, a junior engineer, was charged with non‑maintenance of an ACE‑8 register and alleged failure to supervise copper‑wire work. Disciplinary proceedings were initiated five years after he handed over charge and continued for seven years, culminating in his removal from service. The enquiry officer treated th…
GURSEWAK SINGHversusAVTAR SINGH AND ORS.
2006 INSC 2135 April 2006Appeal(s) allowed
In the 2003 election for Sarpanch of Gram Panchayat Ralla, Gursewak Singh was declared winner over Avtar Singh. Avtar Singh filed an election petition seeking a recount, leading to a High Court examination of the ballot papers which revealed serious irregularities and a lack of proper segregation. The High Court dismis…
NARINDER MOHAN ARYAversusUNITED INDIA INSURANCE CO. LTD. & ORS.
2006 INSC 2155 April 2006Appeal(s) allowed
The appellant, an inspector with United India Insurance, was dismissed after a departmental inquiry found him guilty of antedating an insurance cover note following a fire. He appealed, but the appellate authority upheld the dismissal. Simultaneously, a civil suit by the consignor concluded that the cover note was not …
BHUWAN SINGHversusM/S ORIENTAL INSURANCE COMPANY LTD. & ANR.
2009 INSC 3205 March 2009Dismissed
The owner of a tractor, who was also driving it, caused a fatal accident on 5 January 2001. The claimants obtained a motor accident claim award of Rs.1.32 lakh. The insurer refused to reimburse, arguing that the driver did not hold a valid licence because his learner's licence had expired on 22 December 2000 and he had…
RANI ALOKA DUDHORIA AND OTHERSversusGOUTAM DUDHORIA AND OTHERS
2009 INSC 3215 March 2009Appeal(s) allowed
The Supreme Court examined a long‑running partition suit involving three immovable properties. The parties had agreed to an inter‑party auction without a formal valuation, but the Commissioner of Partition and the Calcutta High Court failed to comply with mandatory provisions of the Partition Act, 1893, notably Section…
M/S BOC INDIA LTD.versusSTATE OF JHARKHAND & ORS.
2009 INSC 3225 March 2009Appeal(s) allowed
M/s BOC India Ltd., a manufacturer and dealer of oxygen gas, supplied the gas to M/s Tata Iron & Steel Co. Ltd. (TISCO) for steel production. Oxygen was listed in BOC's registration certificate as a good taxable at 3%, but later notifications reduced the rate for raw materials used directly in manufacture to 2%. BOC be…
V.K. ASHOKANversusASSTT. EXCISE COMMNR. & ORS.
2009 INSC 3235 March 2009Appeal(s) allowed
The appellants, who were granted toddy‑shop licences for one financial year, were found to have mixed diazepam in toddy, an offence under the Kerala Abkari Act, leading to cancellation of their licences under Rule 6(30) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. The State then sought forfeiture of th…
NAWAB SHAQAFATH ALI KHAN & ORS.versusNAWAB IMDAD JAH BAHADUR & ORS.
2009 INSC 3255 March 2009Disposed off
The dispute concerned the interpretation of the H.E.H. Nizam's Jewellery Trust deed, incorporated by the Nizam's Trust Deeds (Validation) Act, 1950, particularly clauses dealing with the "Remaining Sons' Fund" and "Remaining Daughters' Fund". Original petitions under Sections 56 and 61 of the Indian Trusts Act were fil…
GOWRISHANKARA SWAMIGALUversusSTATE OF KARNATAKA & ANR.
2008 INSC 3055 March 2008Appeal(s) allowed
The appellant, a junior Swamiji of a religious mutt that ran a school, was accused of repeatedly committing an unnatural sexual offence against a 13‑year‑old student over seven days in July 1986. The FIR was lodged more than a month later and the prosecution’s case lacked medical corroboration and contained several inc…
R. RAJESHWARIversusH.N. JAGADISH .
2008 INSC 3065 March 2008Dismissed
R. Rajeshwari filed a complaint under Section 138 of the Negotiable Instruments Act alleging a dishonoured cheque of Rs 1 lakh. The trial court convicted H.N. Jagadish, sentenced him to one month imprisonment and ordered compensation of Rs 2 lakh, of which Rs 1.75 lakh was to be paid to the complainant; the Sessions Co…
ANIMIREDDY VENKATA RAMANA & ORS.versusPUBLIC PROSECUTOR, H.C. OF A.P.
2008 INSC 3075 March 2008Dismissed
The case involves a murder on a bus where the deceased was killed and his son injured. The trial court acquitted all accused, disbelieving the injured witness and other eye‑witnesses, while the High Court convicted nine of the accused and acquitted the rest. On appeal, the Supreme Court examined whether an appellate co…
BHARAT COKING COAL LTD.versusM/S. ANNAPURNA CONSTRUCTION
2008 INSC 3105 March 2008Disposed off
Bharat Coking Coal Ltd entered into a contract with M/s. Annapurna Construction which later gave rise to a dispute. An arbitrator was appointed under the Arbitration Act, 1940 and awarded a sum to the respondent; the award was set aside by the Supreme Court because the arbitrator failed to consider relevant contract cl…
BIHAR FINANCE SERVICE H.C. COOP. SOCIETY LTD.versusGAUTAM GOSWAMI & ORS
2008 INSC 3115 March 2008Disposed off
The Bihar Finance Service H.C. Cooperative Society Ltd. sought land acquisition for housing its members, leading to a declaration and award under the Land Acquisition Act, 1894. The High Court quashed the declaration and remitted the matter for further inquiry, but the Supreme Court later directed the High Court to rel…
G.M. HARYANA ROADWAYSversusJAI BHAGWAN AND ANR.
2008 INSC 3125 March 2008Dismissed
The State, G.M. Haryana Roadways, terminated a casual driver, Jai Bhagwan, whose reinstatement was ordered by the Labour Court. The State reinstated him on 10 May 2002 and later regularized his service on 21 June 2004, but failed to disclose these material facts in a writ petition before the High Court and again in a S…
M/S. BHARJATIYA STEEL INDUSTRIESversusCOMMISSIONER, SALES TAX, U.P.
2008 INSC 3135 March 2008Dismissed
Mis. Bharjatiya Steel Industries, a manufacturer of steel ingots, purchased iron scrap at a concessional tax rate under a recognition certificate granted by the Uttar Pradesh Trade Tax Act. In the assessment year 1985-86 it bought 2,532.989 MT of scrap and later sold about 10% of it to other dealers, claiming the mater…
CHAIRMAN & MD V.S.P. & ORS.versusGOPARAJU SRI PRABHAKARA HARI BABU
2008 INSC 3145 March 2008Case Allowed
The respondent, a technician, repeatedly absented himself from duty without sanctioned leave despite warnings and prior disciplinary actions, including a reduction in basic pay. He admitted the charges of misconduct in each proceeding, yet continued to be absent, leading the disciplinary authority to order his removal …
TANUSREE BASU & ORS.versusISHANI PRASAD BASU & ORS.
2008 INSC 3155 March 2008Dismissed
The appellants and respondents were co‑owners of undivided property and had entered into a development agreement that allotted three separate flats (Nos. 201, 202 and 301) to each party by mutual adjustment. The appellants filed a suit for partition and sought an interim injunction to restrain the respondents from deal…
SITA RAM & ORSversusMOTI LAL NEHRU FARMERS TRAINING INSTITUTE
2008 INSC 3165 March 2008Case Partly allowed
The Motilal Nehru Farmers Training Institute employed daily wagers for various project works such as bee‑farming. Their services were terminated on 28‑December‑1996 and they claimed they had worked for more than 240 days, invoking Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947. The Labour Court, after dr…
SHRI V.J. THOMASversusSHRI PATHROSE ABRAHAM & ORS.
2008 INSC 1385 February 2008Dismissed
V.J. Thomas filed a suit under Order 1 Rule 8 of the CPC for declaration of title, possession and an injunction against respondents 3‑5, publishing a notice under Order 1 Rule 10. The respondents did not appear and an ex‑parte decree was passed. In the execution proceedings, respondents 1 and 2, who were not parties to…
V. SUBBULAKSHMI & ORS.versusS.LAKSHMI & ANR.
2008 INSC 1395 February 2008Dismissed
A bus driver’s negligent driving caused the death of a man, whose legal heirs claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal estimated the deceased’s monthly income at Rs 9,600 and awarded compensation accordingly, but the High Court reduced the income estimate to Rs 7,000 per month and co…
VIMLESH KUMARI KULSHRESTHAversusSAMBHAJIRAO AND ANR.
2008 INSC 1405 February 2008Dismissed
Vimlesh Kumari Kulshrestha, a tenant of only a portion of a house, entered into an agreement of sale dated 1 April 1986 for the house she occupied. She filed a suit for specific performance (OS No. 228A/86) but the court noted non‑payment of proper court fees, prompting her to file a second suit (OS No. 13A/87) and wit…
FOOD CORPORATION OF INDIA & ORS.versusPARASHOTAM DAS BANSAL & ORS.
2008 INSC 1415 February 2008Dismissed
The respondents, a small cadre of engineers employed by the Food Corporation of India (FCI), alleged that they had been denied any promotional avenue for over thirty years despite recommendations of the Fifth Pay Commission. They filed a writ petition seeking a direction to the statutory body, a 'State' within Article …
UNION OF INDIA AND ORS.versusK.S. JOSEPH AND ORS. ETC.
2004 INSC 855 February 2004Disposed off
The Union of India appealed against a Central Administrative Tribunal order that had upgraded the pay scales of certain semi‑skilled workers recruited in 1985 to the skilled‑worker scale, based on a Ministry of Defence letter dated 15 October 1984. The 1984 letter, issued following recommendations of various expert com…
M/S. UPTRON INDIA LTD.versusUNION OF INDIA AND ANR.
2004 INSC 865 February 2004Dismissed
Uptron India Ltd entered into a contract with the Union of India to maintain community viewing sets in seven North‑Eastern states, but the government failed to make the agreed payments, leading to arbitration. The arbitrator issued an award on 18 June 1990, which Uptron sought to have declared a rule of court before th…
KASTURI BAI AND ORS.versusANGURI CHAUDHARY
2003 INSC 645 February 2003Appeal(s) allowed
The plaintiff filed a suit for partition and sought the appointment of a guardian for the 87‑year‑old defendant under Order 32 Rule 15 of the CPC, alleging mental infirmity. The trial court dismissed the application, prompting a revision before a Single Judge of the High Court, who set aside the trial court order but d…
NATIONAL INSURANCE CO. LTD.versusRAM KALI AND ORS.
2004 INSC 25 January 2004Dismissed
The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had breached the insurance pol…
NATIONAL INSURANCE CO. LTD.versusSAVITRI DEVI AND ORS.
2004 INSC 35 January 2004Dismissed
The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the insurer of the vehicle,…
NATIONAL INSURANCE CO. LTD.versusSWARAN SINGH AND ORS.
2004 INSC 45 January 2004Dismissed
The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a valid licence, a fake l…
RAMRAO AND ORS.versusALL INDIA BACKWARD CLASS BANK EMPLOYEES WELFARE ASSOCIATION AND ORS.
2004 INSC 165 January 2004Case Partly allowed
The Supreme Court examined promotions in Marathwada Gramin Bank where a cut‑off date of 31‑Aug‑1989 was fixed for eligibility and certain posts were reserved for Scheduled Tribe (ST) candidates. No eligible ST candidates were found, so the bank dereserved those posts and promoted general‑category employees. Writ petiti…
MURUGAN & ORS.versusSTATE THROUGH INSPECTOR OF POLICE, TAMIL NADU
2007 INSC 12204 December 2007Dismissed
The case arose from a village procession during which a group of eleven accused formed an unlawful assembly and attacked several persons, resulting in the death of the deceased (Kannan) and injuries to others. The trial court convicted appellant No.1 (Murugan) under Section 302 IPC for murder and appellants No.8, 9 and…
NARESH GOVIND VAZEversusGOVT. OF MAHARASHTRA & ORS.
2007 INSC 12214 December 2007Dismissed
Naresh Govind Vaze, a judicial officer of Maharashtra, was subjected to departmental disciplinary proceedings for alleged misconduct, including the use of intemperate language in representations to the High Court and other administrative lapses. A District Judge was appointed as the inquiry officer, who found the charg…
AVTAR SINGH AND ORS.versusGURDIAL SINGH AND ORS.
2006 INSC 9484 December 2006Dismissed
The dispute concerned a parcel of land in village Nardu, alleged to be either private property of the appellants or a public street (shamlat deh). The trial court held the appellants had title and dismissed the respondents' injunction suit; the appellate court and the High Court reversed, finding the land to be public …
ABHISHEK KUMARversusSTATE OF HARYANA AND ORS.
2006 INSC 9494 December 2006Appeal(s) allowed
Abhishek Kumar applied for an appointment on compassionate grounds after his father, a government employee, died in February 2001. The District Magistrate of Kamal refused the appointment, citing lack of vacancy, and the Punjab and Haryana High Court dismissed his writ petition by relying on Rule 9 of the Haryana Compa…
HAFIZversusSTATE OF U.P.
2005 INSC 4764 October 2005
The case involved a dispute over irrigation water between Hafiz, his brothers Rafiq and Sharif, their cousin Lal Mohammad and the deceased Abdul Rahman. The accused assaulted the deceased with lathis, claiming they acted in private defence because the deceased allegedly threatened them with a sickle. The trial court co…
SARUP SINGHversusSTATE OF PUNJAB
2005 INSC 4774 October 2005Dismissed
The appellant, a police constable, along with two fellow constables, entered the residence of the victims at night, broke doors, and fired upon them, resulting in the murder of Kans Kaur and injuries to Joginder Singh and Avtar Singh. The prosecution proved the case through eye‑witness testimony, ballistic reports link…
STATE OF MADHYA PRADESHversusSHEETLA SAHAI & ORS.
2009 INSC 9974 August 2009Dismissed
The Supreme Court examined the prosecution of several senior officials, including the former Water Resources Minister of Madhya Pradesh, for alleged criminal conspiracy and misconduct under the Prevention of Corruption Act in connection with the Hasdeo Bango dam project. The respondents were accused of sanctioning extr…
STATE OF MAHARASHTRAversusSAYED MOHAMMED MASOOD AND ANR.
2009 INSC 9984 August 2009Appeal(s) allowed
The State of Maharashtra appealed against the Bombay High Court’s order quashing a First Information Report (FIR) lodged by an investor who alleged cheating and misappropriation by City Limouzines Ltd. The High Court had held that the dispute was merely a civil matter concerning the interpretation of an investment agre…
STATE OF ANDHRA PRADESHversusS. SWARNALATHA & ORS.
2009 INSC 9994 August 2009Dismissed
The parents of Bal Reddy were murdered in their Hyderabad home on 3 December 1997. The prosecution charged the daughter‑in‑law (Swarnalatha) and five others under sections 120‑B, 302, 392 and 201 IPC, relying mainly on circumstantial evidence, an extra‑judicial confession recorded by the son‑in‑law of the deceased, the…
NATIONAL INSURANCE COMPANY LTD.versusKHIMLIBHAI & ORS.
2009 INSC 10004 August 2009Dismissed
Vir Singh, a 40‑year‑old carpenter, died in a motor accident in 1997. His widow, children and parents (eight dependents) filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accident Claims Tribunal awarded Rs 2.32 lakh based on a daily income of Rs 84 and a multiplier of 15. The Madhya…
SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusSTATE OF PUNJAB & ORS.
2009 INSC 10014 August 2009Dismissed
Shree Baidyanath Ayurved Bhawan Pvt. Ltd. filed a transfer petition under Section 406 of the Code of Criminal Procedure seeking to move a large number of criminal cases pending in Punjab and Haryana courts to the Delhi High Court or any other High Court, alleging that justice might not be done to the company. The petit…
ATTAR SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER
2009 INSC 10024 August 2009Dismissed
The appellants, owners of agricultural land in Jharoda Kalan, New Delhi, challenged the compensation awarded for land acquired under a 1982 notification. After successive awards by the Land Acquisition Collector (Rs 5,800‑2,400 per bigha), the Reference Court (Rs 9,750 per bigha) and the High Court (Rs 11,500 per bigha…
SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusSTATE OF PUNJAB & ORS.
2009 INSC 10034 August 2009Appeal(s) allowed
Shree Baidyanath Ayurved Bhawan Pvt. Ltd. filed a FIR and the respondents applied for anticipatory bail. The Punjab & Haryana High Court, by an ex parte order dated 27‑12‑2005, directed the Chief Judicial Magistrate to release the respondents on bail, effectively making the interim order a final one. The Supreme Court …
U.P. STATE ROAD TRANSPORT CORPORATIONversusNANHE LAL KUSHWAHA
2009 INSC 10044 August 2009Appeal(s) allowed
NEW INDIA ASSURANCE CO. LTD. & ANRversusKUSUM & ORS.
2009 INSC 10054 August 2009Appeal(s) allowed
The Motor Accident Claims Tribunal awarded compensation to the dependents of a deceased victim of a bus accident, finding that the driver did not possess a valid licence. The Tribunal directed the insurer, New India Assurance Co., to pay the compensation and to recover the amount from the driver and the bus owner. The …
SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusPRAVEEN BHATIA & ORS.
2009 INSC 10064 August 2009Case Allowed
Shree Baidyanath Ayurved Bhawan Pvt. Ltd. entered into a distribution agreement with M/s S. Bhatia Enterprises that contained an arbitration clause designating the court at Jhansi, U.P., as the forum for disputes. Disagreements led to the appointment of two different arbitrators, each issuing an award, and the parties …
KEDAR SINGH KUSHWAHAversusDHANIRAM & ANR.
2009 INSC 10074 August 2009Dismissed
In a Gram Panchayat election, the second respondent was declared Sarpanch. The first respondent filed an election petition before the Sub‑Divisional Officer (the Specified Officer), who ordered a recount and dismissed the petition based on that recount. The High Court held that the Specified Officer lacked jurisdiction…
P. THURAI PANDIANversusK. SUBRAMANIAN AND OTHERS
2009 INSC 10084 August 2009Dismissed
The case concerned the appointment of the Head Master of a private aided higher secondary school in Tamil Nadu. The school’s Selection Committee chose the candidate by secret ballot, appointing the respondent who received more votes. The appellant challenged this, arguing that promotion should be based on merit, senior…
AMARENDRA KUMAR PAULversusMAYA PAUL & ORS.
2009 INSC 10094 August 2009Dismissed
The husband appealed against a magistrate's order granting maintenance to his wife and three children under Section 125 of the CrPC. The children, who were minors when the order was made, later attained majority or married, and the wife filed execution applications seeking arrears for periods after those events. The lo…
STATE OF PUNJAB & ANR.versusSURJIT SINGH & ORS.
2009 INSC 10104 August 2009Disposed off
The Supreme Court examined whether daily‑wage employees appointed without following recruitment rules were entitled to "equal pay for equal work" with regular staff. It held that the doctrine, rooted in Article 39(d) and Article 14 of the Constitution, can be invoked only when the claimants perform equal work of equal …
SOUTHERN RAILWAY OFFICERS ASSN. AND ANR.versusUNION OF INDIA AND ORS.
2009 INSC 10114 August 2009Appeal(s) allowed
The case arose when a group of railway employees assaulted a senior officer who was about to board a train after superannuation, threatening his life and creating a violent scene at the station. The disciplinary authority, invoking Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 and clause (b) o…
BISWANATH AGARWALLAversusSABITRI BERA & ORS.
2009 INSC 10124 August 2009Appeal(s) allowed
The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of possession. The trial cour…
NARINDER KUMAR MALIKversusSURINDER KUMAR MALIK
2009 INSC 10134 August 2009Appeal(s) allowed
The brothers Narinder Kumar Malik and Surinder Kumar Malik were parties to a partition suit concerning a jointly owned industrial plot. While the suit was pending, they executed a Memorandum of Understanding (MOU) on 9 February 2005 whereby Narinder agreed to sell his 50% share to Surinder for Rs. 3.50 crore, with an a…
SRI YERNENI RAJA RAMCHANDER @ RAJABABUversusSTATE OF AP. & ORS.
2009 INSC 10144 August 2009Dismissed
The appellant, a Member of the Legislative Assembly, was accused of obtaining large sums of public money through fabricated medical reimbursement claims. The matter was referred to the Legislature's Ethics Committee, which, after the appellant's apology and partial refund, recommended withdrawal of the criminal case. T…
UNITED BANK OF INDIAversusPIJUSH KANTI NANDY AND ORS.
2009 INSC 10154 August 2009Appeal(s) allowed
The respondent voluntarily retired from United Bank of India in May 1989 after about 17 years and 10 months of service and later applied for pension under the United Bank of India (Employees) Pension Regulations, 1995. The bank rejected his claim, stating he had not completed the required 20 years of qualifying service…
BHAGAT SINGH & ORS.versusUNION OF INDIA & ANR.
2009 INSC 10164 August 2009Dismissed
The appellants, owners of agricultural land in Ghewra village, challenged the compensation awarded for land acquired for a bottling plant, arguing that the market value fixed by the High Court was too low and that three sale deeds had been ignored. The High Court, relying on its earlier decision in Ranjit Singh v. Unio…
UNION OF INDIA & ANR.versusMURALIDHARA MENON & ANR.
2009 INSC 10174 August 2009Appeal(s) allowed
The Supreme Court heard a civil appeal filed by the Union of India challenging the transfer orders of two income‑tax officers who had voluntarily agreed to revert from the post of Upper Division Clerk (UDC) to Lower Division Clerk (LDC) to obtain a transfer from the Gujarat charge to the Kerala charge. The respondents …
SUBHASH CHANDRA & ANR.versusDELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.
2009 INSC 10184 August 2009Appeal(s) allowed
The petitioners, members of Scheduled Castes who had migrated to Delhi, challenged a circular issued by the National Capital Territory that denied them reservation benefits in Delhi's subordinate services, arguing that they should retain their SC status under the Presidential orders. The Court examined whether Article …
POPULAR MUTHIAHversusSTATE OF TAMIL NADU
2006 INSC 3834 July 2006Appeal(s) allowed
The case arose from a 1992 murder where the charge sheet omitted two alleged participants, Popular Muthiah and Murugan, although eye‑witnesses identified them. Only Nallakannu (Muthu) was tried, convicted and sentenced to life imprisonment. On appeal, the Madras High Court, exercising its appellate jurisdiction, direct…
M.S. NARAYANAN MENON @ MANIversusSTATE OF KERALA AND ANR.
2006 INSC 3844 July 2006Appeal(s) allowed
The appellant, a share broker, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque issued to a member of the Cochin Stock Exchange. He contended that the cheque was given as security, not in discharge of any debt, and that he had discharged the initial evidential burden under S…