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General Clauses Act, 1897

426 judgments · newest first · showing 1–200

LOKENDRAversusUNION OF INDIA AND 3 OTHERS

The petitioner, Lokendra, was detained under the PITNDPS Act and filed a habeas corpus petition challenging the legality of his detention. The core issue was whether the detaining authority had specifically informed him of his right to make a representation to that authority, as mandated by Article …

GODREJ FINANCE LIMITEDversusASHOK RAJKUMAR GUPTA AND ORS

Disposed Off

The Bombay High Court examined whether the amendment inserting sub‑section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 – which bars the interim moratorium for applications against personal guarantors – operates retroactively on pending insolvency proceedings. After extensive …

Indian BankversusShabbir Abbas Patel

DISPOSED OFF

The Bombay High Court examined whether the amendment inserting sub‑section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 – which bars the interim moratorium for applications against personal guarantors – operates retroactively on pending insolvency proceedings. After analysing …

NARESH KUMARversusSTATE OF U.P. AND ANOTHER

Naresh Kumar, a retired Additional District Judge, filed a criminal revision challenging an order under Section 125 of the Criminal Procedure Code that enhanced his monthly maintenance obligation to Rs 18,000 in favor of his wife, Aruna Srivastava. He contended that the trial court had erred in …

RAJESH VADHRYA AND ANRversusULHASNAGAR MUNICIPAL CORPORATION AND ORS

Allowed

The petition challenged the Mayor’s order dated 4 September 2026 and the Municipal Commissioner’s subsequent communication of 7 September 2026 which indefinitely postponed a Special General Body Meeting (SGBM) for appointing nominated councillors in Ulhasnagar Municipal Corporation. The petitioners …

JYOTI STRUCTURES LTDversusAFRICA POWER COMPANY CC

Disposed Off

Jyoti Structures Ltd., the defendant in a commercial suit filed by Africa Power Company, filed its written statement on the 120th day after service of the writ of summons, seeking condonation of delay. The trial court rejected the condonation, holding that the service date could not be excluded in …

M/s Imprial Private Industrial Training InstituteversusThe State of Bihar

DISMISSED

M/s Imperial Private Industrial Training Institute was allotted a 10,000 sq ft plot (L1) in the Jahanabad industrial area for an ITI under a 90‑year lease. Possession was given in 2015 and the institute submitted a building plan, but the Authority later said map approval was unnecessary. The …

HI ROCK CONSTRUCTION COMPANYversusMEENA LUTHRIA

Dismissed

The petitioners, Hi Rock Construction Company, challenged orders of the City Civil Court, Mazgaon, which had refused to return summary suit plaints filed by the respondents alleging fraud and non‑payment of advances. The petitioners argued that the Court lacked jurisdiction because the partnership …

MOUNT LITERA ZEE SCHOOL AND ANOTHERversusSTATE OF UP AND ANOTHER

The partnership firm ASJ Developers filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that Mount Litera Zee School issued a cheque of Rs 2,50,000 that was stopped and returned un‑encashed. The complainant was required to serve a statutory notice within thirty days …

Aczet Private LimitedversusThe State of Bihar

DISMISSED

Aczet Private Limited filed a writ petition challenging its disqualification from a GeM tender (Bid No. GEM/2026/B/7083566) on the grounds that its Earnest Money Deposit (EMD) was submitted within the permissible five‑working‑day window despite a one‑day delay caused by a weekend, and that the …

Nirnimesh KumarversusThe State of Bihar

DISPOSED

The petitioner, who bought a small parcel of land in 1994, challenged acquisition proceedings initiated in 2006 under the Land Acquisition Act, 1894, alleging that no notice, possession, or compensation was effected before the 2013 Act came into force. An award was later made in 2025 under the …

Brajesh Kumar VikalversusThe State of Bihar

ALLOWED

The petitioner, a Bihar Information Officer, was disciplined for alleged delay in obtaining post‑facto approval for an Independence Day advertisement in 2016‑17. After a departmental proceeding was initiated in 2021, he was shown a charge‑memo, faced an inquiry, and was punished by withholding two …

VIJAYA KUMARI S & ANOTHERversusUNION OF INDIA

2025 INSC 1209Case Allowed

The petitioners, three intending couples, had completed the embryo‑freezing stage of surrogacy in 2020‑2021, before the Surrogacy (Regulation) Act, 2021 came into force on 25 January 2022. After the Act’s commencement, the statutory age limits (female ≤50, male ≤55) barred them from obtaining the …

M/S ANVITA AUTO TECH WORKS PVT. LTD.versusM/S AROUSH MOTORS & ANR.

2025 INSC 1202Appeal(s) allowed

The case arose from a commercial dispute where the plaintiff, Aroush Motors, sued Anvita Auto Tech Works for recovery of monies after terminating a dealership agreement. The defendant failed to file its written statement within the statutory 120‑day period and sought multiple extensions, eventually …

NAGARAJAN & ANR.versusTHE STATE OF TAMIL NADU

2025 INSC 703Case Partly allowed

The appellants were convicted under the Prevention of Food Adulteration Act (PoFA) for selling adulterated curd and various food items, receiving six months' imprisonment and fines. They sought release on probation under the Probation of Offenders Act, 1958, arguing that Section 20AA of PoFA, which …

PUJA FERRO ALLOYS P LTD.versusSTATE OF GOA AND ORS.

2025 INSC 217Dismissed

The appellant companies, industrial units in Goa, claimed a 25% rebate on electricity tariffs under a 1991 notification that was later rescinded in 1995 and amended in 1996. They argued that their entitlement crystallised when they applied for power and that the State could not withdraw the benefit …

THE STATE OF MAHARASHTRA & ORS.versusPRISM CEMENT LIMITED & ANR

2025 INSC 199Dismissed

Prism Cement Ltd., a unit that had been granted an absolute tax exemption under the Package Scheme of Incentives 1993 (PSI 1993) through an Eligibility Certificate (20‑02‑1998) and an Entitlement Certificate (24‑03‑1998), challenged the Maharashtra State's attempt to withdraw that benefit after the …

M.S. SANJAYversusINDIAN BANK & ORS.

2025 INSC 177Appeal(s) allowed

The appellant purchased a mortgaged property at an auction conducted on 31 July 2007 and received a sale certificate on 30 November 2007, thereafter developing the property. The guarantor of the original borrower challenged the auction before the Debt Recovery Tribunal, which set aside the sale; the …

P. MANIKANDANversusCENTRAL BUREAU OF INVESTIGATION AND ORS.

2024 INSC 1007Appeal(s) allowed

The appellant, P. Manikandan, was originally convicted of kidnapping and murdering a four‑year‑old girl and sentenced to death, but the Madras High Court acquitted him on the ground of reasonable doubt. The High Court, however, ordered the transfer of the case file to the CBI and directed a de‑novo …

BHARTI ARORAversusTHE STATE OF HARYANA

[2024] 12 S.C.R. 1044Appeal(s) allowed

The appellant, a former Superintendent of Police, was implicated by a Special Judge for allegedly fabricating a false story that led to the recovery of opium and was issued a show‑cause notice under Section 58 of the NDPS Act. The Special Judge recorded adverse findings against her and other …

M/S BHARTI AIRTEL LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, PUNE

2024 INSC 880Disposed off

The Supreme Court examined whether mobile service providers (MSPs) could claim CENVAT credit on excise duties paid for mobile towers and prefabricated buildings (PFBs) used in their networks. The dispute arose from conflicting decisions of the Bombay High Court, which held the towers and PFBs to be …

M/S REWA TOLLWAY P. LTD.versusTHE STATE OF MADHYA PRADESH & ORS.

2024 INSC 539Case Partly allowed

M/s Rewa Tollway entered into a BOT concession agreement with Madhya Pradesh Rajya Setu Nirman Nigam Ltd. in 2002, believing, based on executive clarifications, that no stamp duty would be payable. The State later amended the Indian Stamp (M.P.) Act in 2002, imposing a 2% stamp duty on the amount …

PERNOD RICARD INDIA (P) LTD.versusTHE STATE OF MADHYA PRADESH & ORS.

2024 INSC 327Appeal(s) allowed

Pernod Ricard India, a sub‑licensee under the Madhya Pradesh Excise Act, was issued a demand notice in November 2011 for a penalty on excess loss of foreign liquor during the 2009‑10 license year. The notice sought a penalty calculated at four times the duty, as prescribed by the original Rule 19 of …

THE STATE OF GUJARAT & ANR.versusPARESH NATHALAL CHAUHAN

2024 INSC 277Disposed off

The respondent, Paresh Nathalal Chauhan, filed a writ petition seeking protection from arrest under the GST Act, prompting the Gujarat High Court to issue an interim order that criticised the prolonged presence of a search party at his residence as unauthorized. The High Court also observed that the …

RAM NATHversusTHE STATE OF UTTAR PRADESH & ORS.

2024 INSC 138Appeal(s) allowed

The petitioners, Ram Nath and others, challenged prosecutions under Sections 272 and 273 of the Indian Penal Code (IPC) for alleged adulteration and sale of noxious food, arguing that the Food Safety and Standards Act, 2006 (FSSA) had an overriding effect. The State of Uttar Pradesh contended that …

JAGMOHAN AND ANOTHERversusBADRI NATH AND OTHERS

2024 INSC 86Dismissed

The respondents, who had been tenants of an urban immovable property (a rolling mill) since 1949, filed a suit for pre-emption after the owners sold the property to the appellants in 1983, invoking the Punjab Pre-emption Act, 1913. The appellants contended that a State Government notification dated …

IN RE: ARTICLE 370 OF THE CONSTITUTIONversus.

2023 INSC 1058Disposed off

The President of India issued Constitutional Orders 272 and 273, which applied the entire Constitution of India to the State of Jammu and Kashmir and abrogated Article 370. Simultaneously, Parliament enacted the Jammu and Kashmir Reorganisation Act 2019, bifurcating the State into two Union …

RELIGARE FINVEST LIMITEDversusSTATE OF NCT OF DELHI & ANR.

2023 INSC 819Disposed off

Religare Finvest Ltd. sued the erstwhile Lakshmi Vilas Bank (LVB) for alleged misappropriation of fixed deposits used as security for loans, leading to a criminal complaint and FIR under IPC sections 409 and 120B. LVB was placed under moratorium by the RBI and subsequently amalgamated into DBS Bank …

CBIversusR.R. KISHORE

2023 INSC 817Matter referred to larger bench

The CBI registered a case against Dr. R.R. Kishore for alleged bribery under the Prevention of Corruption Act, 1988, but conducted the investigation without the prior approval of the Central Government required by Section 6A(1) of the Delhi Special Police Establishment Act, 1946. The Delhi High …

M/S OM GURUSAI CONSTRUCTION COMPANYversusM/S V.N. REDDY & ORS

2023 INSC 760Appeal(s) allowed

The dispute arose when M/s OM Gurusai Construction Company (appellant) submitted the additional performance security for a water resources project two days later than the two‑working‑day deadline stipulated in Clause 2.22.0(ix) of the tender, due to a nationwide strike by employees of nationalised …

PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD.versusRAMAN ISPAT PRIVATE LIMITED & ORS.

2023 INSC 625Dismissed

Paschimanchal Vidyut Vitran Nigam Ltd (PVVNL) supplied electricity to Raman Ispat Pvt Ltd, which defaulted on payments. PVVNL attached the debtor's assets and, after the corporate insolvency resolution failed, the matter proceeded to liquidation under the Insolvency and Bankruptcy Code (IBC). PVVNL …

K. C. NINANversusKERALA STATE ELECTRICITY BOARD & ORS.

2023 INSC 560Disposed off

The Supreme Court examined a batch of appeals concerning whether electricity arrears of a previous owner can be recovered from a subsequent owner who acquired the premises through auction or other transfers. It held that the duty of a distribution licensee to supply electricity under Section 43 of …

ALPHA G184 OWNERS ASSOCIATIONversusMAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD.

2023 INSC 536Appeal(s) allowed

The Alpha G184 Owners Association, a society of housing project allottees, filed several consumer complaints before the National Consumer Disputes Redressal Commission seeking possession, compensation for delay and other reliefs against Magnum International Trading Company, the builder. The builder …

UNION OF INDIA & ORS.versusA. B. P. PVT. LTD. & ANR.

2023 INSC 525Appeal(s) allowed

The Union of India amended a customs exemption notification under Section 25(1) of the Customs Act, 1962, withdrawing a 5% concessional duty for a high‑speed printing machine imported by A.B.P. Pvt. Ltd. The assessees challenged the amendment, arguing it was ultra vires and that the High Court …

GOVERNMENT OF NCT OF DELHIversusUNION OF INDIA

2023 INSC 517Reference answered

The Supreme Court examined a 2015 Union Ministry notification that gave the Lieutenant Governor of Delhi control over "services" in addition to public order, police and land. The Court held that, under Article 239AA(3)(a), the Legislative Assembly of the National Capital Territory of Delhi (NCTD) …

P. V. NIDHISH & ORS.versusKERALA STATE WAKF BOARD & ANR.

2023 INSC 452Appeal(s) allowed

The appellants, long‑time tenants of premises that later became part of a Wakf, were facing civil eviction when the Wakf Act, 1995 was amended in 2013 adding a penal provision (Section 52A) and a definition of "encroacher". The Wakf Board filed a criminal complaint under Section 52A alleging the …

THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.

2023 INSC 431Disposed off

The Supreme Court examined a sale deed executed by the Official Liquidator of a liquidated company, which conveyed land, building, civil works, plant and machinery, and other assets for a total consideration of Rs.8.35 crores. The first respondent, a nominee of the auction purchaser, sought …

NATIONAL INSURANCE CO. LTD.versusHARSOLIA MOTORS AND OTHERS

2023 INSC 367Dismissed

The appellant National Insurance Co. Ltd. denied fire‑insurance claims of Harsolia Motors, a commercial enterprise, which led the respondents to file a complaint under the Consumer Protection Act, 1986 (CPA 1986). The Gujarat State Commission held the respondents were not "consumers" because the …

ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIAversusKAPIL WADHAWAN & ANR. ETC

2023 INSC 723Reference answered

The Supreme Court examined whether the day on which a magistrate orders remand under Section 167(2) of the Code of Criminal Procedure, 1973 should be counted in the 60/90‑day period prescribed for filing a charge‑sheet, the expiry of which gives an accused an indefeasible right to default bail. …

NARAYAN CHETANRAM CHAUDHARYversusTHE STATE OF MAHARASHTRA

2023 INSC 298Appeal(s) allowed

The appellant, convicted and sentenced to death for the 1994 murder of five women and two children, claimed he was a juvenile at the time of the offence, asserting an age of 12 years based on school birth certificates and other documents. After earlier petitions were dismissed, the Supreme Court …

ORISSA ADMINISTRATIVE TRIBUNAL BAR ASSOCIATIONversusUNION OF INDIA & OTHERS

2023 INSC 271Dismissed

The Odisha Administrative Tribunal (OAT) was created in 1986 under the Administrative Tribunals Act, 1985, but was abolished by a Union Government notification dated 2 August 2019, issued under Section 21 of the General Clauses Act in conjunction with Section 4(2) of the same Act, after the State of …

ROHAN DHUNGAT ETC.versusTHE STATE OF GOA & ORS. ETC.

2023 INSC 16Dismissed

The petitioners, life‑imprisoned convicts in Goa, were released on parole under the Goa Prisons Rules, 2006 and subsequently applied for premature release on the ground that they had completed 14 years of actual imprisonment. The High Court held that the period spent on parole must be excluded from …

M/S. OCL INDIA LTDversusSTATE OF ORRISA AND ORS.

2022 INSC 1163Dismissed

The petitioners OCL India Ltd., SAIL and Hindalco challenged the levy of entry tax under the Orissa Entry Tax Act, 1999 (and similar statutes in Uttar Pradesh) on the ground that industrial townships, which had been excluded from municipal limits by notifications under the proviso to Article 243Q, …

BHARAT PETROLEUM CORPORATION LTD. (BPCL) & ORSversusNISAR AHMED GANAI & ORS.

2022 INSC 1074Appeal(s) allowed

The lands were acquired for BPCL under the Jammu & Kashmir Land Acquisition Act, 1990. The landowners challenged the acquisition and, after the 1990 Act was repealed, sought compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, …

D. SWAMYversusKARNATAKA STATE POLLUTION CONTROL BOARD AND ORS

2022 INSC 998Dismissed

The appellant, D. Swamy, challenged the Karnataka State Pollution Control Board's (KSPCB) consent to operate a Common Bio‑Medical Waste Treatment Facility (CBMWTF) on the ground that the facility lacked prior environmental clearance (EC) under the 2006 Environmental Impact Assessment (EIA) …

INDEPENDENT SCHOOLS’ FEDERATION OF INDIA (REGD.)versusUNION OF INDIA AND ANOTHER

2022 INSC 879Dismissed

The Supreme Court examined the constitutional validity of the Payment of Gratuity (Amendment) Act, 2009, which amended the definition of “employee” in the Payment of Gratuity Act, 1972 and inserted Section 13A with retrospective effect from 3 April 1997 to extend gratuity benefits to teachers in …

FAIZABAD-AYODHYA DEVELOPMENT AUTHORITY, FAIZABADversusDR. RAJESH KUMAR PANDEY & ORS.

2022 INSC 614Appeal(s) allowed

The Faizabad‑Ayodhya Development Authority acquired land under the Land Acquisition Act, 1894. Original landowners obtained interim stays that prevented the authority from issuing an award under Section 11 of the 1894 Act for certain plots. When the Right to Fair Compensation and Transparency in …

GOMANTAK MAZDOOR SANGHversusSTATE OF GOA & ANR.

2022 INSC 546Appeal(s) allowed

The State of Goa issued a notification on 23/24 May 2016 fixing minimum wages, including a basic rate and a special allowance, after consulting the Minimum Wage Advisory Board and following the procedure prescribed under Sections 4 and 5 of the Minimum Wages Act, 1948. Subsequently, an Errata …

THE STATE OF MAHARASHTRAversus63 MOONS TECHNOLOGIES LTD.

2022 INSC 465Appeal(s) allowed

The State of Maharashtra sought attachment of the properties of 63 Moons Technologies, which holds 99.99% of National Spot Exchange Ltd. (NSEL), under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, alleging that NSEL is a financial establishment that …

M/S PAHWA PLASTICS PVT. LTD. AND ANRversusDASTAK NGO AND ORS.

2022 INSC 345Appeal(s) allowed

The appellants, Pahwa Plastics Pvt. Ltd. and related firms, are MSME manufacturers of formaldehyde that obtained Consent to Establish and Consent to Operate from the Haryana State Pollution Control Board but did not secure prior environmental clearance (EC) as required by the 2006 EIA Notification. …

PUNJAB NATIONAL BANKversusUNION OF INDIA & ORS.

2022 INSC 230Appeal(s) allowed

The Central Excise Commissioner ordered the confiscation of land, building, plant and machinery of Rathi Ispat Ltd. (RIL) under Rule 173Q(2) of the Central Excise Rules, 1944 in 2007, even though that rule had been omitted from the statute by a 2000 notification. RIL had earlier mortgaged the same …

ECGC LIMITEDversusMOKUL SHRIRAM EPC JV

2022 INSC 188Appeal(s) allowed

ECGC Limited, having obtained a construction contract with the Government of Basra, Iraq, paid a premium and later faced suspension of payments and withdrawal of the contract. It filed a complaint under Section 21(a)(i) of the Consumer Protection Act, 1986 before the National Consumer Disputes …

STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA)versusA. P. STATE WAKF BOARD & ORS.

2022 INSC 155Appeal(s) allowed

The State of Andhra Pradesh (now Telangana) challenged an errata notification issued by the A.P. State Wakf Board that added 1,654 acres and 32 guntas of land to the list of Wakf properties, claiming the Board had not complied with the procedural requirements of the Wakf Act, 1995. The High Court …

PRADEEP KUMAR AND ANOTHERversusPOST MASTER GENERAL AND OTHERS

2022 INSC 156Appeal(s) allowed

The appellants purchased Kisan Vikas Patras (KVPs) in joint names and, relying on an agent named Rukhsana, handed the certificates to her for transfer. Rukhsana encashed the KVPs at a different post office and received Rs. 25,54,000 in cash, which she kept. The appellants filed a consumer complaint; …

N. RAJENDRANversusS. VALLI

2022 INSC 140Disposed off

The husband (appellant) filed for divorce on the ground of cruelty after his wife (respondent) left him and returned to her parental home. The Family Court granted the decree of dissolution, but the wife appealed to the High Court under Section 19 of the Family Courts Act; the appeal was filed on …

THE STATE OF MANIPUR & ORS.versusSURJAKUMAR OKRAM & ORS.

2022 INSC 134Disposed off

The Manipur Legislature enacted the 2012 Parliamentary Secretary Act to create the post of Parliamentary Secretaries, mirroring Assam's 2004 Act which the Supreme Court had struck down as unconstitutional in Bimolangshu Roy. After the Assam judgment, Manipur repealed its 2012 Act by the Repealing …

RAVINDER KUMAR DHARIWAL & ANR.versusTHE UNION OF INDIA & ORS.

2021 INSC 916Appeal(s) allowed

The appellant, an Assistant Commandant in the CRPF, was subjected to multiple disciplinary enquiries after a complaint alleged that he made threatening statements and exhibited misconduct. He was later diagnosed with a permanent mental disability (40‑70%) and classified as unfit for duty. The …

BRIGADE ENTERPRISES LIMITEDversusANIL KUMAR VIRMANI & ORS.

2021 INSC 918Appeal(s) allowed

The builder, Brigade Enterprises Ltd., appealed against the National Consumer Disputes Redressal Commission’s order permitting 91 purchasers of 51 apartments to file a consumer complaint under Section 35(1)(c) of the Consumer Protection Act, 2019 on behalf of all 1,134 buyers in the residential …

VISHWABANDHUversusSRI KRISHNA AND ANR.

2021 INSC 570Appeal(s) allowed

Respondent No.2 sued Respondent No.1 for refund of part sale consideration. Summons sent by registered post were returned with a "refusal" endorsement, which under Order V Rule 9(5) and Section 27 of the General Clauses Act is deemed to have been served. An ex‑parte decree was passed in favour of …

NEENA ANEJA & ANR.versusJAI PRAKASH ASSOCIATES LTD.

2021 INSC 189Appeal(s) allowed

The appellants filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) on 18 June 2020 under the Consumer Protection Act, 1986, seeking a refund of Rs. 2.19 crores. The Consumer Protection Act, 2019 came into force on 20 July 2020, raising the NCDRC's pecuniary …

SRIDEVI DATLAversusUNION OF INDIA AND ORS.

2021 INSC 141Appeal(s) allowed

The petitioner, Sridevi Datla, challenged the National Green Tribunal's (NGT) dismissal of her appeal against the environmental clearance for the Bhogapuram Greenfield Airport, arguing that the appeal was filed within the extended 60‑day period because the last day fell on a Sunday and that the NGT …

TAXES OFFICER, CIRCLE-B, BHARATPURversusM/S BHAGAT SINGH

2021 INSC 36

M/s Bhag​at Singh purchased a truck on 26‑12‑2009 and was served a summons under the Rajasthan Tax on Entry of Motor Vehicle into Local Areas Act, 1988 in July 2012. An assessment order was issued on 9‑Oct‑2012 levying entry tax, penalty and interest. The assessee appealed, arguing that the …

MANISH KUMARversusUNION OF INDIA AND ANOTHER

2021 INSC 28Dismissed

The petitioners challenged Sections 3, 4, and 10 of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, which introduced threshold requirements for allottees and certain financial creditors to initiate corporate insolvency resolution process (CIRP), clarified that a corporate debtor can …

PRADEEP KUMAR SONTHALIAversusDHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR.

2020 INSC 710Disposed off

In the biennial Rajya Sabha election from Jharkhand, MLA Amit Kumar Mahto cast his vote at 9:15 a.m. on 23 March 2018, but was convicted later that afternoon. The petitioner, Pradeep Kumar Sonthalia, challenged the validity of that vote, arguing that the conviction rendered Mahto disqualified under …

HINDUSTAN UNILEVER LIMITEDversusTHE STATE OF MADHYA PRADESH

2020 INSC 634Appeal(s) allowed

A complaint was lodged in 1989 alleging adulteration of Dalda Vanaspati Ghee manufactured by Hindustan Unilever Limited (HUL). The trial magistrate initially absolved the company’s directors and continued prosecution against the nominated officer, Nirmal Sen, who was later convicted under the …

SATYA DEO @ BHOOREYversusSTATE OF UTTAR PRADESH

2020 INSC 577Directions issued

The appellant Satya Deo was convicted of murder under IPC s.302 r/w s.34 and sentenced to life imprisonment. He claimed he was a juvenile at the time of the offence (aged 16 years 7 months) and sought relief under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Supreme Court …

UNION OF INDIA & ORS.versusM/S G S CHATHA RICE MILLS & ANR.

2020 INSC 561Dismissed

The Supreme Court considered whether Notification 5/2019, issued under Section 8A of the Customs Tariff Act to raise the import duty on goods from Pakistan to 200%, applied retrospectively to bills of entry that had been presented and self‑assessed before the notification was uploaded to the …

SAGUFA AHMED & ORS.versusUPPER ASSAM PLYWOOD PRODUCTS PVT. LTD. & ORS.

2020 INSC 555Dismissed

The appellants, shareholders of Upper Assam Plywood Products Pvt. Ltd., sought winding up of the company before the NCLT, which dismissed their petition on 25 October 2019. They applied for a certified copy of the order, received it on 19 December 2019, and filed an appeal before the NCLAT on 20 …

IN RE: PRASHANT BHUSHAN AND ANR.versusIN RE:

2020 INSC 489Disposed off

The Supreme Court, hearing a suo motu criminal contempt petition against senior advocate Prashant Bhushan, affirmed his conviction for scandalising the judiciary through tweets and an affidavit alleging misconduct by judges. The Court held that the defence of truth under Section 13 of the Contempt …

SUKH SAGAR MEDICAL COLLEGE & HOSPITALversusSTATE OF MADHYA PRADESH & ORS.

2020 INSC 474Dismissed

The Gujarat Sukh Sagar Medical College & Hospital Trust obtained an Essentiality Certificate in 2014 to establish a medical college in Jabalpur, Madhya Pradesh. Despite conditional permission for the 2016‑17 academic year, the Medical Council of India (MCI) repeatedly denied renewal of permission …

INDORE DEVELOPMENT AUTHORITYversusMANOHARLAL & ORS. ETC.

2020 INSC 294Reference answered

The Supreme Court interpreted Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which deals with the lapse of land acquisition proceedings initiated under the repealed Land Acquisition Act, 1894. The Court held that the word …

ANKIT ASHOK JALANversusUNION OF INDIA AND ORS.

2020 INSC 266Case Allowed

The petition challenged the continued detention of two persons under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after the Detaining Authority, a specially empowered Joint Secretary, failed to consider their representations until after the Central …

HINDUSTAN CONSTRUCTION COMPANY LIMITED & ANR.DIA & ORS.versusUNION OF INDIA

2019 INSC 1289Disposed off

The Supreme Court examined a batch of writ petitions filed by Hindustan Construction Company Ltd seeking to strike down Section 87 of the Arbitration and Conciliation (Amendment) Act, 2019 and the deletion of Section 26 of the 2015 Amendment, arguing that they revived an automatic‑stay of arbitral …

STATE OF UTTAR PRADESH & ANR.versusM/S. BIRLA CORPORATION LIMITED

2019 INSC 1268Dismissed

The State of Uttar Pradesh rescinded a 1998 notification that granted a tax rebate to cement manufacturers using fly ash, by issuing a 2004 notification. Birla Corporation Ltd. and Jai Prakash Associates Ltd., which had set up units and begun production before the 2004 rescission, claimed that the …

RAMESH PARSRAM MALANI & ORSversusTHE STATE OF TELANGANA & ORS.

2019 INSC 1178Dismissed

The appellant, whose father was a displaced person from Sindh, claimed the balance of his verified land claim (43.7 standard acres) after having received an initial allotment of 40.4 acres. The Chief Commissioner of Land Administration (CCLA) allotted 19.26 acres in 2003, but the High Court held the …

THE STATE OF ARUNACHAL PRADESHversusRAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR.

2019 INSC 1126Appeal(s) allowed

The State of Arunachal Pradesh appealed against a Gauhati High Court order that road‑traffic offences must be dealt with solely under the Motor Vehicles Act, 1988 and that prosecution under the Indian Penal Code (IPC) was without legal sanction. The Supreme Court examined whether the special Motor …

THE AUTHORISED OFFICER, INDIAN BANKversusD. VISALAKSHI AND ANR.

2019 INSC 1067Disposed off

The Supreme Court examined whether a Chief Judicial Magistrate (CJM) in non‑metropolitan areas could entertain a secured creditor's application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for taking …

STATE OF ODISHA & ANOTHERversusANUP KUMAR SENAPATI & ANOTHER

2019 INSC 1034Disposed off

The Supreme Court examined whether employees of non‑government educational institutions could claim grant‑in‑aid under the Orissa (Non‑Government Colleges, Junior Colleges and Higher Secondary Schools) Grant‑in‑aid Order, 1994 after that order was repealed by the 2004 Order (and subsequently by the …

RANDHIR KAURversusPRITHVI PAL SINGH & ORS.

2019 INSC 806Appeal(s) allowed

Randhir Kaur filed a suit for specific performance of a 2004 agreement to sell 193 kanals 18 marlas of land, having paid earnest money of Rs.13.5 lakh through her son Dhanwant Singh. The trial court decreed specific performance, but the High Court, in a second appeal under Section 41 of the Punjab …

DHARANI SUGARS AND CHEMICALS LTD.versusUNION OF INDIA & ORS.

2019 INSC 457Disposed off

The petitioners, led by Dharani Sugars and Chemicals Ltd., challenged the constitutional validity of the Banking Regulation (Amendment) Act, 2017 which introduced sections 35AA and 35AB, and contended that the RBI circular of 12‑02‑2018 directing banks and NBFCs to resolve stressed assets within six …

DELHI DEVELOPMENT AUTHORITYversusVIRENDER LAL BAHRI & ORS.

2019 INSC 287Matter referred to larger bench

The Supreme Court examined the interpretation of the proviso in Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to determine whether it applies to sub‑section 24(1)(b) or to 24(2). The petitioners (Delhi Development …

COMMON CAUSE & ANRversusUNION OF INDIA & ANR.

2019 INSC 228Dismissed

Common Cause and an RTI activist filed a writ petition under Article 32 seeking to quash the appointment of Mr. Nageshwar Rao as interim Director of the CBI and to compel the Union of India to appoint a regular Director in accordance with Section 4A of the Delhi Special Police Establishment Act, …

GOVT. OF NCT OF DELHIversusUNION OF INDIA

2019 INSC 194Disposed off

The case involves multiple appeals arising from a Delhi High Court judgment concerning the division of powers between the Government of National Capital Territory of Delhi (GNCTD) and the Lieutenant Governor (LG) under Article 239AA of the Constitution. The Supreme Court Constitution Bench had …

SHIVNARAYAN (D) BY LRS.versusMANIKLAL (D) THR. LRS. & ORS.

2019 INSC 152Dismissed

The plaintiff filed a suit in the Indore court seeking declarations of nullity of a will, a sale deed, and transfer documents relating to two immovable properties—one in Indore and another in Mumbai—along with a claim of joint family ownership. Defendants 7 and 8, who were parties to the Mumbai sale …

FERAversusM/S. PREMIER LIMITED (FORMERLY PREMIER AUTOMOBILES LTD.) & ORS.

2019 INSC 102Appeal(s) allowed

The Union of India appealed against a High Court order that had upheld the jurisdiction of the Special Director (Appeals) under FEMA to hear appeals against an adjudication order passed under Section 51 of the repealed FERA. The adjudication order, dated 5 December 2003, imposed a penalty on Godrej …

ALOK KUMAR VERMAversusUNION OF INDIA & ANR.

2019 INSC 36Disposed off

The Central Vigilance Commission (CVC) and the Government of India issued orders on 23 October 2018 divesting Director Alok Kumar Verma of the Central Bureau of Investigation (CBI) of his powers, functions and supervisory role. The Director challenged the legality of these orders, arguing that under …

K. LAKSHMINARAYANANversusUNION OF INDIA & ANR.

2018 INSC 1161Leave granted

The petitioners challenged the nomination of three members to the Puducherry Legislative Assembly by the Central Government under Section 3(3) of the Government of Union Territories Act, 1963, arguing that the Central Government must consult the Union Territory’s Council of Ministers or Chief …

SUSHILA N. RUNGTA (D) LRS.versusTHE TAX RECOVERY OFFICER-16(2) AND ORS.

2018 INSC 1020Appeal(s) allowed

The petitioners challenged a show‑cause notice issued under the Gold Control Rules, arguing that it should not survive the repeal of the Gold (Control) Act, 1968 by the Gold (Control) Repeal Act, 1990. The central issue was whether a repeal simpliciter without an explicit saving clause automatically …

THE INCOME TAX OFFICERversusURBAN IMPROVEMENT TRUST

2018 INSC 971Leave Granted & Allowed

The Urban Improvement Trust (UIT) of Kota, created under the Rajasthan Urban Improvement Act, 1959, claimed exemption from income tax under Section 10(20) of the Income Tax Act, 1961, asserting that it qualified as a "local authority" within the meaning of clause (iii) of the explanation – i.e., a …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ANR.

2018 INSC 866Dismissed

The petitioner filed a writ petition under Article 32 seeking a direction to bar Members of Parliament, Legislative Assemblies and Councils from practising as advocates while holding office, invoking Bar Council of India Rule 49 which prohibits advocates from being full‑time salaried employees. The …

BIR SINGHversusDELHI JAL BOARD & ORS.

2018 INSC 766Reference answered

The Supreme Court examined whether the Presidential Orders under Articles 341 and 342, which list Scheduled Castes (SC) and Scheduled Tribes (ST) for each State or Union Territory (UT), limit a State or UT's power under Article 16(4) to provide reservation for backward classes. It held that …

BOARD OF CONTROL FOR CRICKET IN INDIAversusKOCHI CRICKET PVT. LTD. AND ETC.

2018 INSC 238Dismissed

The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the …

A. A. PADMANBHANversusTHE STATE OF KERALA & ORS.

2018 INSC 165Dismissed

The appellants, managers of private aided schools, challenged the Kerala government's decision to take over their schools under Section 15 of the Kerala Education Act, 1958, arguing that the schools had already been closed and that the provision conflicted with the Right to Fair Compensation and …

INDORE DEVELOPMENT AUTHORITYversusSHAILENDRA (DEAD) THROUGH LRS. & ORS.

2018 INSC 115Directions issued

The case involved the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Section 31 of the Land Acquisition Act, 1894. The main issue was whether non-deposit of compensation in court under Section 31(2) …

GUNWANTLAL GODAWATversusUNION OF INDIA & ANOTHER

2017 INSC 1130

In 1965 gold worth 240 kg was seized from the appellant's father's house under the Defence of India Rules, 1962 and confiscation proceedings were initiated. The Rules were later repealed by the Gold Control Ordinance, 1968, which was subsequently repealed by the Gold Control Act, 1968, creating a …

MUNICIPAL CORPORATION OF DELHIversusDHAR MA PROPERTIES PVT. LTD.

2017 INSC 914Case Partly allowed

The Municipal Corporation of Delhi issued a notice under Section 126 of the Delhi Municipal Corporation Act, 1957 on 25 March 1998 proposing to increase the rateable value of Dharma Properties' premises w.e.f. 1 April 1997; the notice was dispatched on 27 March but received by the assessee only on 4 …

CHANDPAKLAL RAMANLAL SHAH AND ANR.versusRELIANCE INDUSTRIES LTD.

2017 INSC 895Appeal(s) allowed

The appellant, a Central Excise Superintendent, filed a complaint alleging that Reliance Industries Ltd. evaded excise duty by taking credit without complying with Rule 56A of the Central Excise Rules, 1944. After Rule 56A was omitted by a 1994 notification, the respondent sought discharge, but the …

SECURITIES AND EXCHANGE BOARD OF INDIAversusCLASSIC CREDIT LTD.

2017 INSC 778Disposed off

The Securities and Exchange Board of India (SEBI) filed criminal complaints against Classic Credit Ltd. and other private parties under the SEBI Act, 1992, which originally required trial before a Metropolitan Magistrate or a Judicial Magistrate of the first class. The SEBI (Amendment) Act, 2002 …

N. A. L. LAYOUT RESIDENTS ASSOCIATIONversusBANGALORE DEVELOPMENT AUTHORITY & ORS.

2017 INSC 725Appeal(s) allowed

The State acquired Survey No.50 in 1977‑78 and took physical possession on 23 March 1984, handing it over to the Bangalore Development Authority (BDA). The land owners repeatedly challenged the acquisition, but the Karnataka High Court dismissed their writ petitions, finding that possession had been …

MS. EERA THROUGH DR. MANJULA KRIPPENDORFversusSTATE (GOVT. OF NCT OF DELHI) & ANR.

2017 INSC 658Disposed off

The appeal concerned the interpretation of Section 2(d) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, where the appellant, a mentally retarded adult, argued that "age" should include mental age so that she could be treated as a child. The Court examined the POCSO Act's …

UNION OF INDIA AND ANOTHERversusM/S. KUMHO PETROCHEMICALS COMPANY LIMITED AND ANOTHER

2017 INSC 476Dismissed

The case concerned the levy of anti‑dumping duty on imports of Acrylonitrile‑Butadiene‑Rubber (NBR) from Korea. The original notification imposing the duty was extended by a five‑year notification dated 02‑01‑2009, which expired on 01‑01‑2014. A third sunset‑review was initiated on 31‑12‑2013, and …

UMA SHANKAR & ORS.versusR. HANUMAIAH SINCE DECEASED THROUGH HIS LRS. & ORS.

2017 INSC 463Appeal(s) allowed

The land was acquired by the State in 1959 under the Land Acquisition Act, 1894 and possession was taken in 1975. Subsequent resolutions sought to reconvey portions of the land to R. Hanumaiah, but the Supreme Court held in 2005 that once possession is taken, Section 48 cannot be used to de‑acquire …

VIPULBHAI MANSINGBHAI CHAUDHARYversusSTATE OF GUJARAT & ANOTHER

2017 INSC 354Disposed off

Vipulbhai Mansingbhai Chaudhary, who continued as Chairman of a district cooperative milk union beyond his three‑year term, was served a show‑cause notice under s.76B(1) and (2) of the Gujarat Co‑operative Societies Act, 1961. The Registrar removed him and disqualified him for three years; a later …

ANANT SINGH @ ANANT KUMAR SINGHversusTHE STATE OF BIHAR AND ORS.

2017 INSC 342Appeal(s) allowed

The appellant, a convicted history‑sheeter, was first detained under the Bihar Control of Crimes Act, 1981 on 5 September 2016. That order was revoked on 17 September 2016, and a second detention order was issued on 21 September 2016 on the same grounds that existed before the revocation. The …

N PARAMESWARAN UNNIversusG KANNAN AND ANOTHER

2017 INSC 194Disposed off

The appellant, N. Parameswaran Unni, presented two cheques drawn by the first respondent, G. Kannan, which were returned unpaid and received a bank intimation on 8 April 1991. He issued a statutory notice by registered post on 12 April 1991, which was returned marked "addressee absent," and a second …

M/S. PUROHIT AND COMPANYversusKHATOONBEE AND ANR.

2017 INSC 122Appeal(s) allowed

The respondents' daughter died in a motor accident on 02‑02‑1977. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Motor Accident Claims Tribunal on 23‑02‑2005, more than 28 years after the accident. The Tribunal entertained the claim, and the High Court upheld …

KRISHNA KUMAR SINGH & ANRversusSTATE OF BIHAR & ORS.

2017 INSC 1Reference answered

The Supreme Court examined a series of seven ordinances issued by the Governor of Bihar between 1989 and 1992 to take over non‑government Sanskrit schools. None of the ordinances were laid before the state legislature as required by Article 213(2) and they were repeatedly re‑promulgated, violating …

HDFC SECURITIES LTD. & ORS.versusSTATE OF MAHARASHTRA & ANR.

2016 INSC 1119Dismissed

The Supreme Court considered an appeal by HDFC Securities Ltd. and its officers challenging the registration of an FIR and a magistrate’s order under Section 156(3) of the CrPC directing police investigation into alleged unauthorized trades. The appellants argued that the order caused irreparable …

R. RAJASHEKAR AND ORS.versusTRINITY HOUSE BUILDING CO-OPERATIVE SOCIETY AND ORS.

2016 INSC 867Disposed off

The Supreme Court examined the acquisition of agricultural lands by the Karnataka State Government for Trinity House Building Co‑operative Society, which had hired a middleman, M/s Srinivasa Enterprises, to secure the acquisition in its favour. The Court found that no housing scheme had been framed …

LUDOVICO SAGRADO GOVEIAversusCIRILA ROSA MARIA PINTO AND ORS.

2016 INSC 855Appeal(s) allowed

The appellant, a successful purchaser at a sealed‑tender sale, sought to enforce a sale certificate issued after the execution of an award under the Multi‑State Co‑operative Societies Act, 1984. The respondents, borrowers, had defaulted on a loan and the property was sold after multiple failed …

GUJARAT URJA VIKAS NIGAM LIMITEDversusTARINI INFRASTRUCTURE LTD. & ORS.

2016 INSC 500Dismissed

The Supreme Court examined whether a tariff fixed under a Power Purchase Agreement (PPA) is immutable and beyond the review of the State Electricity Regulatory Commission (SERC). The Court held that tariff determination is a statutory function of the SERC under Section 86(1)(b) of the Electricity …

SAI BHASKAR IRON LTD.versusA.P. ELECTRICITY REGULATORY COMMISSION & ORS.

2016 INSC 502Dismissed

The petitioners challenged the Andhra Pradesh Electricity Regulatory Commission’s Regulation 45‑B, which prescribes a formula for calculating the fuel surcharge adjustment (FSA) and excludes agricultural consumption until metering is completed. They argued that the regulation was ultra vires the …

LIC OF INDIAversusINSURE POLICY PLUS SERVICES PVT. LTD. & ORS.

2015 INSC 946Dismissed

The petitioners, a company dealing in the purchase and resale of life‑insurance policies, challenged LIC's circulars of 2003 and 2005 that refused to register assignments of policies to firms engaged in trading such policies. They argued that Section 38 of the Insurance Act, 1938 makes policies …

LAL SHAH BABA DARGAH TRUSTversusMAGNUM DEVELOPERS AND OTHERS

2015 INSC 925Case Partly allowed

The Lal Shah Baba Dargah Trust filed a suit before the single‑member Maharashtra Waqf Tribunal seeking injunction against alleged illegal development of waqf property. The respondents obtained a civil revision, arguing that the 2013 Wakf (Amendment) Act, which mandates a three‑member tribunal, …

SECURITIES & EXCHANGE BOARD OF INDIAversusMAGNUM EQUITY SERVICES LTD. & ORS.

2015 INSC 871Dismissed

The Supreme Court examined whether Magnum Equity Services Ltd., a corporate entity formed by converting a stock‑broking partnership, was entitled to a fee‑continuity exemption under Paragraph 1(4) of Schedule III of the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992, after three of its …

M/S. SHREE BHAGWATI STEEL ROLLING MILLSversusCOMMISSIONER OF CENTRAL EXCISE & ANR.

2015 INSC 855Disposed off

The Supreme Court examined a batch of appeals filed by M/s Shree Bhagwati Steel Rolling Mills and other assessees against the Commissioner of Central Excise. The core issues were whether Rules 96ZO, 96ZP and 96ZQ of the Central Excise Rules could levy interest and a mandatory penalty equal to the …

POONAMversusSTATE OF U.P. & ORS.

2015 INSC 813Dismissed

The appellant, a visually‑handicapped allottee of a fair‑price shop, challenged an appellate order that restored the original allottee's licence and cancelled her own allotment. The High Court dismissed her writ petition on the ground that she was not a necessary party. The Supreme Court examined …

DIRECTOR GENERAL OF FOREIGN TRADE AND ANR.versusM/S. KANAK EXPORTS AND ANR.

2015 INSC 799Disposed off

The case concerned the validity of several amendments to the Export-Import (EXIM) Policy 2002-2007 made by Notification No. 28 (Jan 28, 2004) and subsequent public notices and notifications (Jan 28 2004 Public Notice, Apr 21 & 23 2004 Notifications). Exporters alleged that these changes were …

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANOTHERversusUNION OF INDIA

2015 INSC 285

The Supreme Court of India considered the constitutional validity of the Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014, which sought to replace the collegium system of appointing judges to the higher judiciary with a six-member National …

BHARAT SANCHAR NIGAM LTD.versusPAWAN KUMAR GUPTA

2015 INSC 665Dismissed

The Supreme Court examined whether Bharat Sanchar Nigam Ltd. (BSNL), a statutory corporation that had acquired the assets and liabilities of the Department of Telecommunications (DoT), could invoke Article 112 of the Limitation Act, 1963, which grants a thirty‑year limitation period for suits by the …

J. THANSIAMAversusSTATE OF MIZORAM & ORS.

2015 INSC 651Dismissed

J. Thansiama filed a suit for declaration of title against the State of Mizoram. The trial court held that the Limitation Act, 1963 did not apply to Mizoram and allowed the suit. The Gauhati High Court reversed this, holding that the Limitation Act was applicable and dismissed the suit as …

STATE OF WEST BENGAL AND OTHERSversusR.K.B.K. LTD. & ANR.

2015 INSC 643Appeal(s) allowed

The State of West Bengal appealed against an order of the Director of Consumer Goods that imposed a penalty on R.K.B.K. Ltd., a licensed kerosene oil agent, for alleged excess distribution. The dispute centered on whether the Director or the District Magistrate had authority under Paragraph 9 of the …

STANDARD CHARTERED BANKversusANDHRA BANK FINANCIAL SERVICES LTD & ORS.

2015 INSC 618Appeal(s) allowed

Standard Chartered Bank (SCB) bought 17% NPCL bonds from Andhra Bank Financial Services Ltd (ABFSL) and later discovered that the bonds had been misappropriated by broker Hiten P. Dalal and Canara Bank Mutual Fund (CMF). SCB filed a suit for conversion and amended it to implead Dalal and CMF, but …

M/S. FIBRE BOARDS (P) LTD. BANGALOREversusCOMMISSIONER OF INCOME TAX, BANGALORE

2015 INSC 561Appeal(s) allowed

M/s Fibre Boards (P) Ltd. sold its industrial undertaking in Thane (a notified urban area) and earned a capital gain of Rs 1,08,33,044. It paid advances of Rs 1,11,42,973 for purchase of land, plant, machinery and construction of a new factory in a non‑urban area and claimed exemption under s. 54G …

SHABINAABRAHAM & ORS.versusCOLLECTOR OF CENTRAL EXCISE & CUSTOMS

2015 INSC 528Appeal(s) allowed

The case concerned a show‑cause notice issued under the Central Excises and Salt Act, 1944 for alleged short levy of excise duty by a sole proprietor who died in 1989. The legal heirs challenged the notice, arguing that the Act contains no provision to continue assessment against a dead person’s …

COMMISSIONER OF INCOME TAX-19 MUMBAI.versusM/S. SARKAR BUILDERS

2015 INSC 427Dismissed

The Supreme Court considered whether the amendment inserting clause (d) into Section 80IB(10) of the Income Tax Act, effective from 1 April 2005, which limits the built‑up area of shops and commercial establishments in housing projects, applies to projects that were approved before 31 March 2005 but …

WIPRO LTD.versusASSISTANT COLLECTOR OF CUSTOMS & ORS.

2015 INSC 326Appeal(s) allowed

WIPRO Ltd., an importer of computer components, challenged the customs valuation rule that mandates adding 1% of the FOB value of goods as loading, unloading and handling charges even when the actual charges are known and ascertainable. The issue was whether the proviso (ii) to sub‑rule (2) of Rule …

RAVINDER KAURversusANIL KUMAR

2015 INSC 301Disposed off

The appellant and respondent were married in 1991. The respondent obtained an ex‑parte decree of divorce in January 1994, which was later set aside in February 1996, thereby restoring the marriage. The appellant filed a criminal complaint under IPC s.376, which was dismissed without trial, and …

SMT. NOORUNISSA BEGUMversusBRIJ KISHORE SANGH!

2015 INSC 966Disposed off

The Supreme Court examined whether Section 32(c) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 2005 operates prospectively or retrospectively and how it affects eviction suits pending when the amendment came into force. It also considered the effect of the 1983 …

KRISHNAMOORTHYversusSIVAKUMAR & ORS.

2015 INSC 960Dismissed

The appeal concerned the election of Krishnamoorthy as President of Thekampatti Panchayat, where he had filed a nomination affidavit disclosing only one pending criminal case while suppressing eight other embezzlement cases. The High Court had declared his election void on the ground of corrupt …

VIDEOCON INTERNATIONAL LTD.versusSECURITIES & EXCHANGE BOARD OF INDIA

2015 INSC 27Disposed off

Videocon International Ltd. appealed against SEBI's order that some of its second appeals to the High Court were not maintainable after the amendment of Section 15Z of the SEBI Act. The amendment, effective 29‑Oct‑2002, shifted the second appellate forum from the High Court to the Supreme Court and …

M/S MAGNUM PROMOTERS P. LTD.versusUNION OF INDIA & ORS.

2014 INSC 816Appeal(s) allowed

M/s Magnum Promoters Ltd., the owner of land in Delhi, challenged acquisition notifications issued under the repealed Land Acquisition Act, 1894, arguing that no physical possession was taken and compensation was not paid, invoking Section 24(2) of the Right to Fair Compensation and Transparency in …

U.P. HINDI SAHITYA SAMMELANversusSTATE OF U.P.

2014 INSC 594Dismissed

The appellant U.P. Hindi Sahitya Sammelan challenged the constitutionality of the Uttar Pradesh Official Language (Amendment) Act, 1989, which added Section 3 to the 1951 Act and a notification declaring Urdu as a second official language for seven specified purposes. The issue was whether, after …

MIS. AJEET SEEDS LTD.versusK. GOPALA KRISHNAIAH

2014 INSC 491Appeal(s) allowed

The complainant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by the respondent bounced and that a demand notice had been sent by registered post. The High Court quashed the complaint on the ground that the complaint did not specifically state …

MIS. OPERA HOUSE EXPORTS LTD. ETC. & ORS.versusUNION OF INDIA & ANR. ETC.

2014 INSC 982Appeal(s) allowed

MIS Opera House Exports Ltd. and others were adjudicated under the Foreign Exchange Regulation Act, 1973 (FERA) for alleged violations relating to export bill realizations. The adjudicating authority issued an order on 11 October 2007, which was served on the company on 25 October 2007. The company …

DURYODHAN ROUTversusSTATE OF ORLSSA

2014 INSC 443Case Partly allowed

The appellant Duryodhan Rout was convicted of rape, murder and concealment of evidence of a ten‑year‑old girl based solely on circumstantial evidence and his own confession recorded under Section 27 of the Evidence Act. The trial court sentenced him to death for murder, rigorous imprisonment for the …

UNION OF INDIA & ORSversusSHIV RAJ & ORS.

2014 INSC 368Dismissed

The Supreme Court examined land acquisition proceedings initiated under the Land Acquisition Act, 1894 for a large tract of land in Delhi. Tenure‑holders had filed objections under Section 5‑A, which were heard by one Land Acquisition Collector but the report was prepared by his successor, prompting …

SIDHARTHA SARAWGIversusBOARD OF TRUSTEES FOR THE PORT OF KOLKATAAND OTHERS

2014 INSC 284Dismissed

The petitioners challenged notices terminating leases granted by the Kolkata Port Trust, arguing that the Land Manager lacked authority to issue ejectment notices. The Board of Trustees had, under Section 21 of the Major Port Trusts Act, 1963, delegated to the Chairman the power to terminate leases …

SUSHIL ANSALversusSTATE THROUGH CBI

2014 INSC 168Case Partly allowed

The Uphaar Cinema tragedy in Delhi on 13 June 1997 resulted in 59 deaths and over 100 injuries due to asphyxiation from smoke. The Ansal brothers, as occupiers and licensees of the cinema, were convicted under Sections 304A, 337, 338 read with Section 36 IPC and Section 14 of the Cinematograph Act, …

RAMESHCHANDRA AMBALAL JOSHIversusTHE STATE OF GUJARAT AND ANR.

2014 INSC 108Dismissed

The appellant, Rameshchandra Ambalal Joshi, issued a cheque dated 31 December 2005 to repay a loan of Rs.1,00,000. The cheque was presented for payment on 30 June 2006 and was dishonoured for insufficiency of funds, leading to a prosecution under Section 138 of the Negotiable Instruments Act. The …

RENU & ORS.versusDISTRICT & SESSIONS JUDGE, TIS HAZARI & ANR.

2014 INSC 95Disposed off

The appeal arose from the appointment of Class IV staff in courts subordinate to the Delhi High Court on an ad‑hoc basis without proper advertisement, which the petitioners challenged as violative of Articles 14 and 16 of the Constitution. The Supreme Court examined whether such appointments could …

PUNE MUNICIPAL CORPORATION & ANR.versusHARAKCHAND MISIRIMAL SOLANKI & ORS.

2014 INSC 53Dismissed

The Pune Municipal Corporation initiated land acquisition proceedings under the Land Acquisition Act, 1894, issuing a notification in 2004, a declaration in 2005 and making an award on 31 January 2008. The award was not paid to the landowners nor deposited in court; the compensation amount was …

STATE OF RAJASTHAN AND OTHERSversusM/S. BASANT AGROTECH (INDIA) LTD.

2013 INSC 809Dismissed

The State of Rajasthan issued a notification on 23 January 2009 amending a 2008 notification that levied an environment and health cess on mineral rights, increasing the rate for rock phosphate and applying it retrospectively from 1 April 2008. Mining lease‑holders challenged the constitutional …

SELVI J. JAYALALITHAA & ORS.versusSTATE OF KARNATAKA & ORS.

2013 INSC 663Disposed off

The petitioners, accused of possessing assets disproportionate to their known income under the Prevention of Corruption Act, had their trial transferred to Karnataka where the Supreme Court directed the appointment of a Special Public Prosecutor (SPP). After a seven‑month tenure, the Karnataka …

UMESH KUMARversusSTATE OF ANDHRA PRADESH & ANR

2013 INSC 590Disposed off

The case arose from a complaint alleging that a senior police officer, V. Dinesh Reddy, had amassed disproportionate assets, which was later claimed to be forged and signed by a fictitious MP. An investigation led to a charge sheet against Umesh Kumar under IPC sections 468, 471, 120‑B and 201, and …

ECON ANTRI LTD.versusROM INDUSTRIES LTD. & ANR.

2013 INSC 561Reference answered

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act must be filed within one month of the cause of action arising, and specifically whether the day the cause of action arose should be counted in the 30‑day period prescribed by Section 142(b). Relying on …

DEVENDER PAL SINGH BHULLARversusSTATE OF N.C.T. OF DELHI

2013 INSC 249Dismissed

The petitioners, convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and sentenced to death, sought commutation of their sentences under Article 72 of the Constitution. After a delay of about eight years in deciding the mercy petition, they argued that the delay itself …

STATE OF GUJARAT & ANR.versusHONBLE MR. JUSTICE R. A. MEHTA (RETD) & ORS.

2013 INSC 1Dismissed

The Gujarat Lokayukta post remained vacant since 2003 and the State Government sought to appoint Justice R.A. Mehta under the Gujarat Lokayukta Act, 1986. The Act requires the Governor to appoint the Lokayukta after "consultation" with the Chief Justice of the High Court and, where applicable, the …

INDRA KUMAR PATODIA & ANR.versusRELIANCE INDUSTRIES LTD. AND ORS.

2012 INSC 534Dismissed

The appellants were charged under Section 138 of the Negotiable Instruments Act for dishonouring cheques. The complaint filed by the payee was not signed by the complainant but was later verified and signed on a verification statement before the magistrate. The legal issue was whether a complaint …

STATE OF RAJASTHAN AND ORS.versusAANJANEY ORGANIC HERBAL PVT. LTD

2012 INSC 412Appeal(s) allowed

The State of Rajasthan challenged a sale of land by members of a Scheduled Caste to Aanjaney Organic Herbal Pvt. Ltd., a private limited company, on the ground that Section 42(b) of the Rajasthan Tenancy Act, 1955 renders such a transfer void. The company argued that the term "person" in the …

V. CHANDRASEKARAN & ANR.versusTHE ADMINISTRATIVE OFFICER & ORS.

2012 INSC 407Dismissed

The case concerned land acquired under the Land Acquisition Act, 1894 where a Section 4 notification was issued in 1978 and a Section 6 declaration in 1981 covering a parcel of land (the suit land). The original tenure‑holders accepted compensation under protest, did not file any objection under …

STATE OF UTTARAKHAND (PREVIOUSLY STATE OF UTTAR PRADESH)versusMOHAN SINGH & OTHERS

2012 INSC 390Appeal(s) allowed

The State of Uttarakhand appealed against the Board of Revenue’s order that had allowed a second appeal under Section 331(4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, declaring that respondents had acquired Bhumidar rights by adverse possession. The Supreme Court examined …

M.C. GUPTAversusCENTRAL BUREAU OF INVESTIGATION, DEHRADUN

2012 INSC 368Disposed off

The appellants, M.C. Gupta and Mohan Lal Gupta, were convicted for misappropriating company funds by issuing a bank draft in 1988, an offence that occurred before the Prevention of Corruption Act, 1988 came into force. An FIR was lodged in 1990 under the repealed Prevention of Corruption Act, 1947, …

STATE OF KERALA & ORS.versusM/S. MAR APPRAEM KURI CO. LTD. & ANR.

2012 INSC 205Reference answered

The State of Kerala amended its Chitties Act, 1975 to bring chitties registered outside the state but with substantial Kerala subscribers within its regulatory ambit. Private chit firms challenged the amendment as repugnant to the Central Chit Funds Act, 1982 under Article 254(1). The Supreme Court …

GENERAL OFFICER COMMANDINGversusCBI AND ANR

2012 INSC 196Disposed off

The CBI investigated a 2000 fake encounter at Pathribal in Jammu & Kashmir, where five alleged terrorists were killed by members of the 7 Rashtriya Rifles, and filed a charge‑sheet against several army officers. The officers invoked Section 7 of the Armed Forces (Jammu & Kashmir) Special Powers Act, …

SANGEETABEN MAHENDRABHAI PATELversusSTATE OF GUJARAT AND ANR.

2012 INSC 180Dismissed

The appellant was first prosecuted under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque and was convicted, later acquitted on appeal, with the appeal still pending. Subsequently, the same complainant filed an FIR under Sections 406, 420 and 114 of the Indian Penal …

BANGARU LAXMANversusSTATE (THROUGH CBI) & ANOTHER

2011 INSC 814Dismissed

Bangaru Laxman appealed against the order of a Special Judge that granted pardon to an accomplice (respondent No.2) before the charge‑sheet was filed. The appellant argued that the Special Judge under the Prevention of Corruption Act, 1988 (PC Act) lacked jurisdiction to grant pardon at the …

STATE OF TAMIL NADU & ORS.versusK. SHYAM SUNDER & ORS.

2011 INSC 555Dismissed

The Tamil Nadu government enacted the Uniform System of School Education Act, 2010 to introduce a common syllabus and textbooks for all schools, which was upheld by the High Court and the Supreme Court after certain provisions were struck down. After a change of government in 2011, the new …

K.T. PLANTATION PVT. LTD. & ANRversusSTATE OF KARNATAKA

2011 INSC 554Dismissed

The case concerned lands in the Roerich estate that were exempted from Karnataka's Land Reforms Act, 1961 under Section 107 for linaloe cultivation. The State Government withdrew this exemption by issuing a notification under Section 110 of the Act in 1994, and later enacted the Roerich and Devika …

NARMADA BACHAO ANDOLANversusSTATE OF MADHYA PRADESH

2011 INSC 516Dismissed

The appellant, Narmada Bachao Andolan, challenged the amendment dated 7 June 1991 to Clause 5.1 of the 1991 Resettlement and Rehabilitation (R&R) Policy for the Upper Beda dam project in Madhya Pradesh, alleging it was ultra vires, arbitrary and violated the right of oustees to land in lieu of …

CONSUMER ONLINE FOUNDATIONversusUNION OF INDIA & ORS.

2011 INSC 336Appeal(s) allowed

The Supreme Court examined whether Delhi International Airport Ltd (DIAL) and Mumbai International Airport Ltd (MIAL) could levy development fees on embarking passengers under Section 22A of the Airports Authority of India Act, 1994, based on letters of approval from the Central Government. The …

J.S. YADAVversusSTATE OF U.P. & ANR.

2011 INSC 311Case Partly allowed

J.S. Yadav, a District Judge, was appointed a Member of the Uttar Pradesh State Human Rights Commission for a five‑year term in 2006 under the Protection of Human Rights Act, 1993. After the 2006 amendment to the Act introduced a seven‑year experience requirement for District Judges, the State …

THIRUMALAI CHEMICALS LIMITEDversusUNION OF INDIA & ORS.

2011 INSC 292Disposed off

Thirumalai Chemicals Ltd imported goods in 1996 and, due to a bank error, the required exchange control documents were not forwarded to the RBI, leading to penalty orders under FERA. The company sought to appeal these orders after FEMA came into force, filing belated appeals in 2004 before the …

CHAIRMAN-CUM-M.D., COAL INDIA LTD., & ORS.versusANANTA SAHA & ORS.

2011 INSC 276Disposed off

A Medical Officer employed by Coal India Ltd and posted at its subsidiary Eastern Coalfields Ltd assaulted his senior officer and other staff, leading to disciplinary proceedings that resulted in his dismissal by the subsidiary's CMD. The dismissal was challenged in the Calcutta High Court, which …

PARIMALversusVEENA @ BHARTI

2011 INSC 110Appeal(s) allowed

Parimal filed a divorce suit against his wife Veena. The wife repeatedly refused to accept the court's notice, after which the trial court proceeded ex‑parte and granted a decree of divorce. Four years later she applied under Order IX Rule 13 CPC to set aside the decree, alleging improper service, …

M/S. SHREE SIDHBALI STEELS LTD. AND ORS.versusSTATE OF U.P. AND ORS.

2011 INSC 58Dismissed

The petitioners, industrial units in the hill areas of Uttar Pradesh, claimed a 33.33% Hill Development Rebate on electricity charges granted under a 1996 notification issued pursuant to Section 49 of the Electricity (Supply) Act, 1948. Subsequent notifications reduced the rebate to 17% and finally …

GIRNAR TRADERSversusSTATE OF MAHARASHTRA AND ORS.

2011 INSC 26Reference answered

The case concerned a parcel of land in Jalgaon reserved for a development plan under the Maharashtra Regional and Town Planning (MRTP) Act, 1966. The appellant claimed that the State Government and Municipal Council failed to acquire the land within the time limits prescribed by the MRTP Act and …

STATE OF U.P. AND ORS.versusHIRENDRA PAL SINGH ETC

2010 INSC 845Disposed off

The Uttar Pradesh Legal Remembrancer Manual was amended on 13 August 2008 to reduce the retirement age of District Government Counsels from 62 to 60 years and to dispense with the requirement of consulting the District Judge. The Allahabad High Court stayed the amendment and directed the State to …

SIDDHARAM SATLINGAPPA MHETREversusSTATE OF MAHARASHTRA AND OTHERS

2010 INSC 843Appeal(s) allowed

The appellant, a Congress party member, was accused of instigating party workers to fire on BJP supporters, resulting in a murder eight days later. He applied for anticipatory bail under Section 438 of the CrPC, which the High Court rejected. The Supreme Court, relying on the Constitution Bench …

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusVIMAL KUMAR SURANA AND ANOTHER

2010 INSC 840Appeal(s) allowed

Vimal Kumar Surana, who had passed the Chartered Accountant examination but was not a member of the Institute, impersonated a chartered accountant, prepared audit reports and forged the Institute's seal before tax authorities. The Institute filed a criminal complaint alleging offences under the …

R.S. SUJATHAversusSTATE OF KARNATAKA AND ORS.

2010 INSC 832Appeal(s) allowed

The appellant, an IAS officer, challenged disciplinary proceedings by filing an Original Application before the Central Administrative Tribunal (CAT) seeking quash of a charge memo dated 30‑11‑1999, asserting she received it only on 19‑6‑2002 and thus was within the limitation period. The …

DR. SUNIL KUMAR SAMBHUDAYAL GUPTA AND ORS.versusSTATE OF MAHARASHTRA

2010 INSC 770Appeal(s) allowed

The deceased, Neeru Gupta, committed suicide in 1985 and her brother filed a complaint alleging dowry demand and ill‑treatment by her husband and in‑laws. The trial court acquitted the accused, finding no proof of dowry demand or cruelty and noting the deceased suffered from mental illness. The High …

MONICA BEDIversusSTATE OF AP.

2010 INSC 765Disposed off

Monica Bedi and four co‑accused were convicted under the Indian Penal Code (sections 120‑B, 419, 420) and the Prevention of Corruption Act for a conspiracy to obtain a passport in an assumed name. Bedi argued that her conviction violated Article 20(2) of the Constitution because she had already been …