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Judgments of 2008

1505 judgments · newest first · showing 201–400

SUNITADEVI SINGHAN1A HOSPITAL TRUST AND ANR.versusUNION OF INDIA & ANR.

2008 INSC 1307Appeal(s) allowed

The Sunita Devi Singhania Hospital Trust, a charitable hospital, imported equipment under Notification 64/88-Cus which exempted it from customs duty provided it reserved 10% of beds for low‑income patients and offered free outpatient treatment to at least 40% of patients. The Customs, Excise and …

NATIONAL SMALL INDUSTRIES CORPORATION LTD.versusSTATE (NCT OF DELHI) & ORS.

2008 INSC 1308Appeal(s) allowed

The National Small Industries Corporation Ltd. (NSIC), a government company, lodged a complaint under the Negotiable Instruments Act alleging that a cheque drawn in its favour was dishonoured. The complaint was filed by NSIC’s Development Officer, who is a public servant, and the Magistrate, relying …

KHODAY DISTILLERIES LTD.versusCOMMISSIONER OF INCOME TAX AND ANR.

2008 INSC 1299Appeal(s) allowed

Khoday Distilleries Ltd issued a rights issue; twenty of its twenty‑seven shareholders did not subscribe and the unissued shares were allotted to seven existing investment‑company shareholders. The company also issued fully paid bonus shares in a 1:23 ratio. The Assessing Officer treated both the …

A. MAHARAJAversusSTATE OF TAMIL NADU

2008 INSC 1300Case Partly allowed

The deceased, Alagu Ambalam, was cutting trees when his son (the accused) confronted him over a land dispute. A verbal altercation escalated into a sudden fight during which the accused snatched the deceased’s aruval (machete) and struck him on the neck and shoulder, causing death. The trial court …

CITY AND INDUSTRIAL DEVELOPMENT CORPORATIONversusDOSU AARDESHIR BHIWANDIWALA & ORS.

2008 INSC 1301Appeal(s) allowed

The petitioners, City and Industrial Development Corporation (CIDCO), were directed by the Bombay High Court to acquire a 19‑acre tract of land claimed by the respondent, Dosu Aardeshir Bhiwandiwala, who alleged he was a trustee of the Bhiwandiwala Trust and that the land was private property. The …

PREM NATH MOTORS LTD.versusANURAG MITTAL

2008 INSC 1302Appeal(s) allowed

An international car manufacturer entered into a joint venture with an Indian company that appointed Prem Nath Motors Ltd as its dealer. In response to advertisements, individuals applied for a Peugeot 309 car through Prem Nath Motors, paying a booking amount of Rs.25,000 in the name of the Indian …

THE GENERAL MANAGER, UNITED INSURANCE CO. LTD.versusM. LAXMI AND ORS.

2008 INSC 1303Disposed off

A scooter insured under a statutory (Act) policy met with an accident, resulting in the death of the pillion rider, a gratuitous passenger. The legal heirs of the deceased filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, against the insurer. The Additional Special …

VIVEKANAND SCHOOL THROUGH HEADMASTERversusPRESIDENT OF ZILA PANCHAYAT AND ORS.

2008 INSC 1304Case Partly allowed

The Vivekanand School challenged a tax demand made by the Zila Panchayat under Section 121 of the Uttar Pradesh and Uttaranchal (Kshetra Panchayat and Zila Panchayat) Adhiniyam, 1961, on the ground that the fees collected from students were being treated as taxable income. The school argued that it …

DR. P. P. C. RAWANI & ORS.versusUNION OF INDIA & ORS.

2008 INSC 1298Disposed off

The Supreme Court examined two earlier orders (9 April 1987 and 29 October 1991) that directed the regularisation of ad‑hoc doctors and the preparation of separate seniority lists for them and for doctors recruited regularly through the UPSC. The petitioners (regularised doctors) claimed the Union …

KOMALAM AMMAversusKUMARA PILLAI RAGHAVAN PILLAI AND ORS.

2008 INSC 1305Disposed off

The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and …

DEEPAK BAJAJversusSTATE OF MAHARASHTRA & ANR

2008 INSC 1292Case Allowed

The Supreme Court examined a writ petition under Article 32 challenging a preventive detention order issued against Deepak Bajaj under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition was filed before the order was executed, raising the issue of …

STATE OF U.P.versusILYAS

2008 INSC 1293Case Partly allowed

The State of Uttar Pradesh prosecuted Ilyas and a co-accused for robbery committed with a country-made pistol and knife, during which injuries were inflicted on victims. The trial court, relying on three eye‑witnesses and a test identification parade, convicted both under Section 397 of the Indian …

DASARI PEDA GONDIYYAversusSTATION HOUSE OFFICER, JANGREDDYGUDEM

2008 INSC 1294Dismissed

The appellant, who kept the deceased as his mistress, allegedly poured kerosene on her and set her alight, causing fatal burns. The prosecution relied on three dying declarations recorded by the deceased’s mother, a Mandal Revenue Officer and a Sub‑Inspector of Police, all of which consistently …

STATE OF TAMIL NADU & ANR.versusABDULLAH KADHER BATCHA & ANR.

2008 INSC 1291Case Partly allowed

The State of Tamil Nadu detained Abdullah Kadher Batcha under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 11 August 1999. The detenu filed a representation on 4 September 1999 requesting copies of documents that formed the basis of his …

S. RAGHU RAMAIAHversusSTATE OF ANDHRA PRADESH

2008 INSC 1295Appeal(s) allowed

The appellant, S. Raghu Ramaiah, a Junior Assistant in the Commissioner’s Endowments Office, was convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for receiving illegal gratification. He appealed the conviction before the Andhra Pradesh High Court (Criminal …

RAGHBIR SINGH AND ORS.versusSTATE OF HARYANA

2008 INSC 1296Disposed off

The appellants and a co‑accused were charged with offences including murder (s.302 IPC) arising from a violent dispute in which the deceased was attacked with lathis. The accused claimed they acted in private defence, asserting that the victim and his brother had assaulted them first. The Supreme …

M/S. INDIA CINE AGENCIESversusCOMMISSIONER OF INCOME TAX, MADRAS

2008 INSC 1297Appeal(s) allowed

MIS. India Cine Agencies appealed against the Commissioner of Income Tax, Madras, contending that the conversion of jumbo rolls of photographic film into smaller rolls constituted manufacture/production under Sections 32AB, 80HH and 80I of the Income Tax Act, 1961, and therefore qualified for a …

SHYAM BABU & ORS.versusSTATE OF HARYANA

2008 INSC 1283Dismissed

The case involves the kidnapping of a four‑year‑old boy by five accused persons in the presence of his mother, who was overpowered, injured and later identified the perpetrators and the white Maruti van used. The prosecution proved the existence of a ransom note threatening the child's life, and …

MAHMOOD RAJASA SAIYEDversusSTATE OF GUJARAT

2008 INSC 1284Dismissed

Mahmud Rajasa Saiyed was arrested in a POTA case for alleged offences under the IPC, Arms Act and POTA, and was found in possession of a country‑made revolver, a foreign‑made pistol and ten live cartridges recovered from a co‑accused. He applied for bail under Sections 49(6) and 49(7) of the …

GULAM MOHD. @ GULAL SHAIKHversusSTATE OF GUJARAT

2008 INSC 1285Dismissed

Gulam Mohd (Gulal Shaikh) was charged under several IPC, POTA and Arms Act provisions for alleged terrorist activities. He claimed that a confession recorded under Section 32 of the Prevention of Terrorism Act, 2002 was obtained while he was in illegal custody and later retracted it. He applied for …

HARYANA VIDYUT PARASARAN NIGAM LTD. & ORS.versusM/S. SUPER STAR GRIT UDYOG

2008 INSC 1286Appeal(s) allowed

The Haryana Vidyut Parishan Nigam Ltd. demanded a penalty of Rs. 11,37,222 from Super Star Grit Udyog for alleged theft of electricity. The consumer filed a suit for declaration and a permanent injunction, while the board raised a preliminary objection that the suit was not maintainable under the …

STANDARD CORROSION CONTROLS PVT. LTD.versusSARKU ENGINEERING SERVICES SON BHD

2008 INSC 1290Dismissed

Standard Corrosion Controls Pvt Ltd (Indian) and SARKU Engineering Services Sdn Bhd (Malaysian) entered a contract for painting works. The contract contained Article X, which required any dispute to be settled by mutual consultation and, failing that, by arbitration in Mumbai under the International …

STATE OF HIMACHAL PRADESHversusPREM SINGH

2008 INSC 1287Case Partly allowed

The accused, a school teacher, was alleged to have sexually assaulted a student (PW‑1) and outraged the modesty of several other girls, and also threatened the victim. The trial court convicted him under IPC sections 376, 354 and 506. The High Court set aside the conviction, acquitting him on the …

M/S SRI KRISHNA AGENCIESversusSTATE OF A.P. & ANR.

2008 INSC 1288Appeal(s) allowed

The appellant, Sri Krishna Agencies, filed a criminal complaint under Section 138 of the Negotiable Instruments Act for three dishonoured cheques of Rs. 5 lakh each. The respondent argued that the dispute was already before an arbitration forum and therefore the matter was civil, prompting the …

STATE OF PUNJABversusCHATINDER PAL SINGH & ORS.

2008 INSC 1289Dismissed

The State of Punjab charged four accused with rape, kidnapping and related offences under IPC sections 376, 366, 363 and 308, relying primarily on two dying declarations of the victim, Kumari Poonam, and the statements of her brother and friend. Both eye‑witnesses later withdrew their earlier …

SAMI ULLAHAversusSUPERINTENDENT, NARCOTIC CENTRAL BUREAU

2008 INSC 1263Appeal(s) allowed

The appellant, Sami Ullaha, was arrested after heroin was seized from two co-accused who alleged the drugs were meant for him. No drugs were found on his person, but he made a statement under Section 67 of the NDPS Act, later retracting it, claiming it was obtained under duress. The first chemical …

M.A. RUMUGAMversusKITTU @ KIRSHNAMOORTHY

2008 INSC 1264Dismissed

The appellant, a landowner, alleged that nine coconut trees on his property were damaged on the advice of the respondent and filed a police complaint naming the respondent as a doubtful person. The police investigation was closed after six months under Section 167(5) of the CrPC. The respondent then …

CHANDRABHAI K. BHOIR & ORS.versusKRISHNA ARJUN BHOIR & ORS.

2008 INSC 1265Appeal(s) allowed

The testator Kanha Barik Mhatre executed a Will in 1963; after his death, the legatees (respondents) obtained probate while the appellants filed a caveat and later withdrew it. The parties entered into a compromise agreement claiming to alter the Will’s terms and a separate family‑arrangement …

P.H. DAYANANDversusS. VENUGOPAL NAIDU & ORS .

2008 INSC 1269Dismissed

The plaintiff (respondent No.1) purchased the suit property from the rightful owner, T. Bayarappa, in 1991. Defendant No.2 (appellant) was in permissive possession of the land and claimed lawful title based on a purported chain of agreements involving a power of attorney and an assignment to the …

VIRENDER CHAUDHARYversusBHARAT PETROLEUM CORPORATION &ORS.

2008 INSC 1270Appeal(s) allowed

The case concerned the grant of an LPG distributorship by Bharat Petroleum Corporation (BPC). An advertisement invited applications, disqualifying persons convicted of offences involving moral turpitude or those against whom charges had been framed. Respondent No.5 was selected but his empanelment …

STATE OF M.P.versusSUGHAR SINGH. & ORS.

2008 INSC 1256Case Partly allowed

The State of Madhya Pradesh prosecuted Sugharsingh and others for attacking two men guarding their crops to prevent cattle from being taken to a pond, resulting in one death and injuries to the other. The trial court convicted the accused under Sections 302 read with 149, 324 read with 149, 148 and …

HARDEEP SINGHversusSTATE OF PUNJAB & ORS.

2008 INSC 1271Matter referred to larger bench

The case arose from a violent incident in Patiala where several persons were charged under the IPC and Arms Act. Two of the accused, Vijay Preet Singh and Jagtar Singh, were initially discharged based on a police inquiry report that they were falsely implicated. During trial, prosecution witnesses …

ESSCO FABS PVT. LTD. & ANR.versusSTATE OF HARYANA & ANR.

2008 INSC 1273Disposed off

The State of Haryana re‑issued a preliminary notification under the Land Acquisition Act, 1894 in 2001 for a link‑road and invoked the urgency clause of Section 17, dispensing with the inquiry and hearing of objections under Section 5A before issuing a final notification under Section 6. Essco Fabs …

KENDRIYA KARAMCHARI SEHKARI GREH NIRMAN SAMITI LTD., NOIDAversusSTATE OF U.P.& ANR.

2008 INSC 1274Case Partly allowed

The Uttar Pradesh government acquired land for the New Okhla Industrial Development Authority and awarded compensation under the Land Acquisition Act. Many landowners obtained enhanced compensation through a Reference Court under Section 18, but the Samiti, which could not make a reference, filed an …

SACHIDA NAND LAL @ SACHIDA NAND SHAHversusSTATE OF BIHAR, (NOW JHARKHAND)

2008 INSC 1275Appeal(s) allowed

The appellant, Sachioa Nano Lal (also known as Sachioa Nano Shah), challenged the compensation awarded in a land acquisition proceeding under the Land Acquisition Act, 1894. After a reference court fixed compensation, the appellant obtained a partial enhancement of the 'ka' category land from a …

ISHWARAGOUDA & ORS.versusMALLIKARJUN GOWDA & ORS .

2008 INSC 1276Appeal(s) allowed

The dispute concerned an 18‑acre agricultural plot in Gadag taluka, claimed by two families who had jointly cultivated it before the Karnataka Land Reforms Act, 1961 came into force. Both families filed Form No. 7 for occupancy rights, and the Land Tribunal held that the land was jointly cultivated …

KANPUR ELECTRICITY SUPPLY CO. LTD.versusSHAMIM MIRZA

2008 INSC 1277Case Partly allowed

Kanpur Electricity Supply Co. Ltd. (appellant) terminated the services of two cashiers, Shamim Mirza and Manoj Srivastava, alleging they were employees of a contractor. The workmen claimed they were regular employees of the company and sought reinstatement with back wages under Sections 6N, 6P and …

T. VENKATESWARULUversusEXECUTIVE OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS & ORS.

2008 INSC 1278Dismissed

The appellant, a Draughtsman Grade‑I appointed in 1977, obtained a BE degree in 1983 and sought promotion to Assistant Executive Engineer on the same basis as graduate Supervisors, who were eligible for promotion under Government Orders of 1978 and 1981. The High Court Single Judge directed …

UNION OF INDIA & ORS.versusRAJPAL SINGH

2008 INSC 1279Dismissed

The case concerned a Junior Commissioned Officer (JCO) who, after being placed in a permanent low medical category, was discharged from the Indian Army without the recommendation of an Invalidating Board. The respondent argued that under Army Rule 13(3)(i)(ii) a discharge on the ground of being …

STATE OF U.P.versusMANOJ KUMAR PANDEY

2008 INSC 1257Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Manoj Kumar Pandey, who was charged under IPC sections 376 (rape) and 323 (voluntarily causing hurt). The trial court had acquitted him on the basis that the victim, being over 16 years old, was presumed to have consented, and the High Court …

RATAN KUMAR VISHWASversusSTATE OF U.P. & ANR.

2008 INSC 1258Dismissed

Ratan Kumar Vishwas was convicted under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for trafficking charas and sentenced to 14 years' rigorous imprisonment and a fine. He applied to the High Court for suspension of his sentence and bail under Section 37 of the …

RAGHAVENDRA SHARMAversusSTATE OF M.P.

2008 INSC 1259Dismissed

The appellant, Raghavendra Sharma, was convicted of murdering his wife Maya by suffocation. The trial court, relying on a post‑mortem report that showed asphyxia, swelling of the chest, and absence of food particles in the airway, found the death homicidal and rejected the defense expert’s claim of …

STATE OF PUNJABversusSUKHCHAIN SINGH & ANR.

2008 INSC 1260Dismissed

The State of Punjab appealed the trial court’s acquittal of Sukhchain Singh and others for murder and related offences, while an accused (Paramjit Singh) appealed his conviction. The Supreme Court examined the scope of appellate power under Section 378 of the Code of Criminal Procedure, 1973, which …

STATE OF HARYANAversusKRISHAN

2008 INSC 1280Dismissed

The appellant Krishan was convicted by a trial court for murder (IPC s.302) after allegedly delivering a lathi blow that caused the death of Chandgi Ram. The High Court acquitted him, holding that the FIR was lodged after an unreasonable delay and that the ocular evidence conflicted with the medical …

RAJMOHAN AGARWALversusAMNA ABUBAKAR & ANR.

2008 INSC 1262Disposed off

The appellants, Rajmohan Agarwal, filed a suit for specific performance of a contract of sale of land against the respondents, Amna Abubakar and others. The trial court dismissed the suit and the High Court affirmed that decree. The Supreme Court, after suggesting an amicable settlement, accepted a …

SUMAN KAPURversusSUDHIR KAPUR

2008 INSC 1281Disposed off

The husband filed a petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging mental cruelty and desertion, which the trial court upheld on the ground of mental cruelty and the High Court confirmed. The wife appealed, contending that the alleged acts did not …

M/S. EICHER TRACTOR LTD. AND ORS.versusHARIHAR SINGH AND ANR.

2008 INSC 1268Dismissed

Eicher Tractor Ltd. and others filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by Harihar Singh under IPC sections 420, 468 and 471, alleging forgery. The petitioners argued that the complaint was a retaliatory "counter‑blast" to an …

ASSISTANT COMMERCIAL TAXES OFFICERversusM/S. BAJAJ ELECTRICALS LTD.

2008 INSC 1252Appeal(s) allowed

The Department (Assistant Commercial Taxes Officer) appealed against a High Court order that set aside a penalty imposed on M/s. Bajaj Electricals Ltd for transporting goods with a blank but signed Declaration Form ST 18A/18C. The vehicle was intercepted on 30‑03‑1999; the form lacked material …

M/S COMED CHEMICALS LTD.versusC.N. RAMCHAND

2008 INSC 1255Appeal(s) allowed

M/s Com Ed Chemicals Ltd entered into a Memorandum of Understanding with Dr. C.N. Ramchand, appointing him as Director (Technical) of a subsidiary and granting him equity, salary and other benefits. The respondent resigned, the company rejected his resignation and invoked the arbitration clause in …

SIEMENS PUBLIC COMMUNICATION NETWORKS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2008 INSC 1250Dismissed

The Union of India floated a tender for Digital Radio Trunking Systems for the Army, and three bidders, including Siemens, were shortlisted. After commercial bids were opened, Siemens claimed to be the lowest bidder but alleged that the Evaluation Committee artificially inflated its price by …

MD. SHAKEELversusSTATE POLICE THROUGH P.S. HANMAKONDA & ANR.

2008 INSC 1254Disposed off

MD Shakeel was convicted under IPC sections 304‑B and 498‑A and Section 4 of the Dowry Prohibition Act for the alleged dowry‑related death of his wife. The conviction was affirmed by the trial court and the first appellate court, while the co‑accused were acquitted. Shakeel filed a revision petition …

PRINCIPAL KENDRIYA VIDYALAYA & ORS.versusSAURABH CHAUDHARY & ORS.

2008 INSC 1245Dismissed

The appellant Kendriya Vidyalaya denied admission to Saurabh Chaudhary for class XI because his Class X CBSE marks fell below the cut‑off prescribed in the school’s admission guidelines, and offered him a place in another Central School. The student challenged the denial, invoking the Supreme …

MANJUNATH GANESH HEGDE & ORS.versusSTATE OF KARNATAKA

2008 INSC 1246Appeal(s) allowed

The appellants were charged with offences under Sections 341, 324, 326, 504, 506 read with Section 34 of the IPC for an assault that injured three witnesses. The trial court acquitted them, finding the prosecution evidence insufficient. The High Court, acting as the first appellate court, partially …

DHARAM CHANDversusSTATE OF PUNJAB & ORS.

2008 INSC 1247Case Partly allowed

The appellant, brother of the deceased Anju Devi, challenged the High Court's order that acquitted three accused who lived separately and released the husband on the ground that he had already served his sentence. The Supreme Court upheld the acquittal of the three accused, finding that the evidence …

MOHD. AZAD @ SAMINversusSTATE OF WEST BENGAL

2008 INSC 1248Dismissed

The appellants were convicted for the murder of a young man whose body was found half‑dug in a cemetery after the accused allegedly scaled the wall, consumed wine and later assaulted a worker. The prosecution relied on extensive circumstantial evidence, including eyewitnesses who last saw the …

TEJINDER KAUR & ORS.versusLADY CONSTABLE RAJ KUMARI & ORS.

2008 INSC 1243Disposed off

Raj Kumari, a lady constable, failed to make the grade in a written test for a Lower School Training Course, while several other candidates were declared successful. She sought re‑evaluation of her answer script and, after the High Court ordered a re‑assessment, her marks remained unchanged. She …

STATE OF MAHARASHTRAversusARJUN

2008 INSC 1249Dismissed

The State of Maharashtra prosecuted Arjun (A-2) and another accused (A-1) under IPC sections 302/34 and 201/34 for the murder of Jagnandan Singh. The trial court convicted both based solely on five pieces of circumstantial evidence, including alleged purchase of rat poison, a gunny bag, ropes, and …

STATE OF PUNJABversusRAJINDER SINGH & ORS. ETC.

2008 INSC 1244Dismissed

The incident on 23 September 1996 involved a violent assault by several accused on the family of Surjit Kaur, resulting in the death of Jangir Singh. The trial court convicted multiple accused under sections 302, 364, 323, 149 and related provisions of the Indian Penal Code. On appeal, the Punjab …

TRIDIP KUMAR DINGAL & ORS.versusSTATE OF WEST BENGAL & ORS.

2008 INSC 1236Case Partly allowed

The State of West Bengal conducted a recruitment for Medical Technologists by first holding a written examination as a screening test and then empaneling candidates solely on the basis of marks obtained in an oral interview. Unsuccessful candidates challenged this procedure, arguing that the written …

DIRECTOR ( STUDIES) & ORS.versusVAIBHAV SINGH CHAUHAN

2008 INSC 1237Appeal(s) allowed

The respondent, a student of hospitality management, was caught with a slip containing exam material during the 2005 Front Office Management exam and confessed to possessing it. The institute disqualified him for one academic session under Rule 9.2 of its Examination Rules and allowed re‑admission …

RADHEY SHYAM GUPTAversusPUNJAB NATIONAL BANK & ANR.

2008 INSC 1238Appeal(s) allowed

The appellant, a guarantor, challenged the attachment of his fixed deposit receipts, which were created from his pension and gratuity, by the executing court in a suit filed by the bank to recover a loan. The trial court had decreed that the bank could recover the debt by first auctioning the …

DADANversusSTATE OF MADHYA PRADESH THROUGH SHO, PS SATNA (M.P.)

2008 INSC 1239Dismissed

The appellant Dadan was convicted along with four others for murder, grievous hurt and rioting under Sections 302, 326 and 148 read with 149 of the Indian Penal Code, based on the testimony of four close relatives of the deceased. The High Court acquitted one co‑accused but upheld Dadan's …

RAJESH BURMANNversusMITUL CHATTERJEE (BURMAN)

2008 INSC 1240Dismissed

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical …

MUNNA @ POORAN YADAVversusSTATE OF MADHYA PRADESH

2008 INSC 1241Dismissed

The appellant Munna @ Puran Yadav and two co‑accused were tried for the murder of Chhota, the son of Gariba (PW‑4). Gariba, the father and sole eye‑witness, testified that the three accused entered his house, the co‑accused held the victim and the appellant fired the fatal shot. The trial court …

MULA DEVI & ANR.versusST ATE OF UTTARAKHAND

2008 INSC 1242Appeal(s) allowed

Puola Devi, married to the son of Dayal Singh, lived with her mother‑in‑law Mula Devi and sister‑in‑law Rajmati and repeatedly complained of harassment and fear of being killed. She was found dead with asphyxia due to ante‑mortem strangulation and post‑mortem burns. The trial court convicted Dayal …

OFFICIAL LIQUIDATORversusDAYANAND AND OTHERS

2008 INSC 1234Appeal(s) allowed

The case concerned employees engaged by Official Liquidators under Rule 308 of the Companies (Court) Rules, 1959 who were paid from the liquidated company's fund ("company paid staff"). They sought regularisation, absorption into the regular cadre of the Department of Company Affairs and parity in …

STATE OF KERALAversusORISON J FRANCIS & ANR.

2008 INSC 1235Appeal(s) allowed

A complaint under Sections 18(c) and 27(b)(ii) of the Drugs and Cosmetics Act, 1940 alleged that the accused were manufacturing, selling and storing drugs defined under Section 3(b) without a licence. The accused contended that the seized items were Ayurvedic drugs, governed by Section 3(a), and …

UNION OF INDIA AND ORS. ETC. ETC.versusM/S. KUNDAN RICE MILLS LTD.

2008 INSC 1230Disposed off

The Union of India and others filed a writ petition challenging the seizure of goods belonging to M/s Kundan Rice Mills Ltd., and the High Court, while hearing the interim application, passed a categorical finding that the goods were not liable to confiscation. The High Court also imposed conditions …

PUNDLIK JALAM PATIL (D) BY LRS.versusEXE. ENG. JALGAON MEDIUM PROJECT & ANR.

2008 INSC 1231Appeal(s) allowed

The appellants, owners of land acquired for a public project, obtained a compensation award which was later enhanced by a Reference Court. The State Government communicated its decision to acquiesce in the enhanced award to the beneficiary (respondent No.1), who nevertheless failed to file an appeal …

PARVINDERJIT SINGH AND ANR.versusSTATE (U.T. CHANDIGARH) AND ANR.

2008 INSC 1232Disposed off

The appellants, employees of Citibank/CWA, were implicated in an FIR alleging fraud under Sections 406, 420 and 120B IPC. They sought quashing of the FIR and anticipatory bail under Section 438 of the Cr.P.C., arguing that the allegations were civil in nature and that they would cooperate with the …

M/S. M.M.T.C. LIMITEDversusCOMMISSIONER OF COMMERCIAL TAX & ORS.

2008 INSC 1229Appeal(s) allowed

M.M.T.C. Limited appealed to the Supreme Court against a judgment of a Single Judge of the Madhya Pradesh High Court who had exercised supervisory jurisdiction under Article 227 of the Constitution. The issue was whether a Letters Patent Appeal (LPA) could be filed against such an order, especially …

SMT. SHAMSHAD BEGUMversusB. MOHAMMED

2008 INSC 1233Dismissed

The appellant, accused of an offence under Section 138 of the Negotiable Instruments Act, filed a petition under Section 482 of the CrPC seeking to quash proceedings in the Mangalore court, arguing that the court lacked jurisdiction because the constituent acts of the offence occurred in different …

M.P. HOUSING BOARDversusSHIV SHANKAR MANDIL & ORS.

2008 INSC 1218Dismissed

The respondents applied to the District Industries Centre for a parcel of Nazul land (Survey No. 462) to set up an industrial unit. The Collector transferred the land to the Industries Centre on 27 July 1991 and later, after the Madhya Pradesh Housing Board objected, ordered a status‑quo restraining …

STATE OF ANDHRA PRADESHversusM. MADHUSUDHAN RAO

2008 INSC 1219Dismissed

The State of Andhra Pradesh appealed the acquittal of M. Madhusudhan Rao, who was charged under Section 498A IPC for allegedly harassing his wife and forcing her to consume poison to extract an additional dowry of Rs 50,000. The trial court had convicted him, but the High Court set aside the …

STATE OF MAHARASHTRAversusAHMED SHAIKH BABAJAN & ORS.

2008 INSC 1220Dismissed

The State of Maharashtra appealed against the High Court’s order acquitting Ahmed Shaikh Babajan and four co‑accused of murder (Sec. 302 r/w Sec. 34 IPC) and house‑breaking (Sec. 456 r/w Sec. 109 IPC). The facts involved a dispute over possession of a flat, the alleged assault and death of the …

M/S. HANU MOTEL PVT. LTD. & ORS .versusU.P. FINANCIAL CORPORATION LTD. & ANR.

2008 INSC 1221Appeal(s) allowed

M/s Hanu Motel Pvt. Ltd. entered into a loan agreement with U.P. Financial Corporation which was later cancelled and a demand notice issued. The company filed a suit in 2001, naming itself and its director Ram Raj Singh as plaintiffs, and obtained an interim injunction. During the appeal, the …

M/S. EVEREST HOLDING LTD.versusSHYAM KUMAR SHRIVASTAVA & ORS.

2008 INSC 1228Disposed off

M/s. Everest Holding Ltd., a Chinese company, entered into a Joint Venture Agreement (JVA) with Shyam Kumar Shrivastava and his group for mining iron ore in India. The JVA contained an arbitration clause (cl. 14.3) and led to the incorporation of Everest Mining & Mineral Pvt. Ltd., for which the …

M/S KANPUR EDIBLES PVT. LTD.versusCOMMISSIONER, TRADE TAX, U.P.

2008 INSC 1223Appeal(s) allowed

M/s. Kanpur Edibles Pvt. Ltd. challenged the Commissioner of Trade Tax, U.P.'s orders under Section 10‑B of the U.P. Sales Tax Act, 1948, which were issued in 2006 to revise a 2003 order cancelling re‑assessment notices. The Tribunal held that the 10‑B notices were beyond the limitation period, but …

R. KALYANIversusJANAK C. MEHTA AND ORS.

2008 INSC 1224Dismissed

The appellant R. Kalyani lodged an FIR under Sections 409, 420 and 468 read with Section 34 IPC against three respondents, alleging that the third respondent operated her account without consent and forged a letter, while the first two senior officers of the company were claimed to be vicariously …

SOMONversusSTATE OF KERALA

2008 INSC 1222Case Partly allowed

Six armed men formed an unlawful assembly with the common object of killing Balan. They inflicted multiple injuries on his arms and legs, and he later died. The trial court convicted accused No.1 (the appellant) and others under Section 302 read with Section 34 IPC, along with other offences. The …

STATE OF HARYANA & ORS.versusSHAKUNTLA DEVI

2008 INSC 1225Appeal(s) allowed

The Supreme Court examined whether the widows of three deceased employees, who had been appointed on an ad‑hoc six‑month basis, were entitled to family pension under the Punjab Civil Services Rules and the 1964 Family Pension Scheme. The Court held that eligibility for family pension is conditioned …

GAJRAJ YADAVversusRAJENDRA SINGH @ DEENA & ORS.

2008 INSC 1226Appeal(s) allowed

The respondents, convicted of offences including murder under the IPC, appealed their convictions and sought suspension of their sentences under Section 389 of the CrPC. The Rajasthan High Court granted suspension and bail without recording any written reasons. The Supreme Court held that Section …

M/S. KARNATAKA STATE FOREST INDUSTRIES CORPORATIONversusM/S. INDIAN ROCKS

2008 INSC 1227Dismissed

The Karnataka State Forest Industries Corporation (KSFIC) was appointed as the State's agent to sell confiscated granite blocks. After a legislative committee uncovered a scam, the State terminated KSFIC's agency and directed it to refund the amounts paid by the purchasers, Indian Rocks and other …

INDU JAINversusSTATE OF MADHYA PRADESH & ORS.

2008 INSC 1215Disposed off

The Supreme Court examined the custodial death of R.K. Jain, a Deputy Commissioner who suffered from asthma and died of asphyxia after being detained in a dust‑filled, windowless room by officers of the Lokayukta. The Sessions Court had framed charges under Section 304 Part II IPC but omitted …

S.L. CONSTRUCTION & ANR.versusALAPATI SRINIVASA RAO & ANR.

2008 INSC 1216Dismissed

The appellants issued a Rs.2 lakh cheque to the respondents on 22 June 2003, which was presented and dishonoured three times within the six‑month period prescribed by Section 138 of the Negotiable Instruments Act. Notices were issued after each presentation, but the first notice was not served and …

HARYANA URBAN DEVELOPMENT AUTHORITYversusRAJE RAM

2008 INSC 1217Appeal(s) allowed

The Haryana Urban Development Authority (HUDA) had originally allotted plots to allottees who later transferred their rights to new buyers (re‑allottees) after price revisions and delays in development. The re‑allottees filed complaints before consumer forums alleging delay in possession and seeking …

ARJUN SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 1208Appeal(s) allowed

Six persons were charged with offences under Sections 452, 323 read with 34, and 376(2)(g) of the Indian Penal Code for abducting and raping a woman. The prosecutrix identified some of the accused by hearing them address each other by names, but the appellant, Arjun Singh, was not apprehended at the …

SONU KUMARversusSTATE OF H.P.

2008 INSC 1209Appeal(s) allowed

The appellant, Sonu Kumar, was one of six accused charged under IPC sections 452, 323 r/w 34, 376(2)(g) and SC/ST Act section 3(x) for the alleged rape of a woman belonging to a Scheduled Caste. The prosecution’s case relied on the victim’s testimony that the accused were addressing each other by …

BAL KISHANversusSTATE. OF HIMACHAL PRADESH

2008 INSC 1210Appeal(s) allowed

The prosecution alleged that Bal Kishan, along with others, forcibly dragged the prosecutrix to a forest and raped her. The trial court convicted the accused based on the testimonies of the prosecutrix, her son and an elderly neighbour, despite finding that the test identification parade conducted …

NIRMAL SINGH KAHLONversusSTATE OF PUNJAB AND ORS.

2008 INSC 1211Dismissed

A writ petition challenged the selection of Panchayat Secretaries and alleged irregularities involving the former Rural Development Minister, Nirmal Singh Kahlon. The High Court, after a prima facie finding of fraud, directed an inquiry which led to a Vigilance Department FIR and charge‑sheet. The …

RIKHABSAO NATHUSAO JAINversusCORPN. OF THE CITY OF NAGPUR & ORS.

2008 INSC 1212Appeal(s) allowed

The appellant, a neighbour of respondent No.2, sought a mandatory injunction against the Nagpur Corporation and respondent No.2 to stop unauthorised construction and to prevent the corporation from granting any building‑plan sanction. The District Judge, invoking Section 286(5) of the City of Nagpur …

MOHD. YUNUS KHANversusU.P. POWER CORPORATION LTD. AND ORS.

2008 INSC 1213Appeal(s) allowed

Mohd. Yunus Khan was appointed as a patrolman in 1968 but his date of birth was mistakenly entered as 27‑02‑1934 instead of the correct 01‑07‑1948. He discovered the error in 1988, filed representations for correction, which were ignored, and was forced to retire in 1992 based on the wrong date. A …

CHET RAMversusJIT SINGH & ANR.

2008 INSC 1214Dismissed

The appellants, who were Gramin Oak Sewaks (rural postal workers), contested elections to the Nagar Panchayat of Sardulgarh. Their candidature was challenged under Section 11(g) of the Punjab State Election Commission Act, 1994, which disqualifies any person holding an office of profit under the …

GOVERDHAN DASS BANSALversusSTATE (DELHI ADMINISTRATION) TH. SECRETARY

2008 INSC 1204Disposed off

The appellant, Goverdhan Dass Bansal, challenged a criminal conviction under the Food Adulteration Act, 1948, by filing a revision before the Delhi High Court. The High Court admitted the revision petition and disposed of it on the same day by issuing a cryptic, non‑reasoned order. The appellant …

SUDHEER SINGH @ SUDHEERversusSTATE OF A.P.

2008 INSC 1205Disposed off

The appellant Sudheer Singh was tried along with four others for robbery, murder and attempted murder. The trial court convicted him under IPC sections 394 and 302 read with 34, and sentenced him to rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction under section 394 but …

STATE OF U.P.versusCHANDRAPAL & ANR.

2008 INSC 1206Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Chandrapal and Jagannath, who had been convicted by the trial court for murder under IPC s.302 and s.302 r/w s.34. The High Court set aside the convictions, holding that the medical evidence on the victim's injuries …

RAMACHAMIversusSTATE REP. BY STATE PROSECUTOR

2008 INSC 1207Case Partly allowed

Ramachamy was convicted by the trial court for murder (Sec. 302 IPC) and dacoity (Sec. 392 IPC) based solely on circumstantial evidence linking him to the deceased Kuttappan in a hotel where both were alone on the night of the incident. The High Court upheld the convictions. On appeal, the Supreme …

OKHLA ENCLAVE PLOT HOLDERS WELFARE ASSOCIATIONversusUNION OF INDIA AND ORS.

2008 INSC 1199Hearing Adjourned

The Supreme Court had earlier ordered the builder (colonizer) of the Okhla Enclave residential colony to hand over possession of plots to the allottees. Subsequently, the Deputy Commissioner discovered that the builder did not own the entire land and appointed an Inquiry Officer, whose report was …

MAHMADHUSEN ABDULRAHIM KALOTA SHAIKHversusUNION OF INDIA & ORS.

2008 INSC 1197Disposed off

The Supreme Court examined the constitutionality of sections 2(3) and 2(5) of the Prevention of Terrorism (Repeal) Act, 2004, which allow a Review Committee to deem cases registered under the repealed POTA as withdrawn when it finds no prima facie case. The petitioners (relatives of Godhra‑train …

GURU NANAK DEV UNIVERSITYversusSANJAY KUMAR KATWAL & ANR.

2008 INSC 1200Disposed off

Guru Nanak Dev University admitted Sanjay Kumar Katwal to its three‑year LLB professional programme after he cleared a common entrance test, relying on his M.A. (English) obtained from Annamalai University through the Open University System (distance education). The University later cancelled his …

RAVEENDRAN K & ANR,versusEXCISE INSPECTOR VADAKARA & ANR.

2008 INSC 1198Dismissed

The appellants, licensees of arrack shops, were convicted under Section 57A(iii) of the Kerala Abkari Act, 1967 for selling liquor adulterated with methanol. Samples taken from their godowns revealed the presence of the noxious substance, and the prosecution argued that the licencees had either …

LOKESH SINGHversusSTATE OF U.P. & ANR.

2008 INSC 1201Appeal(s) allowed

The case involved the murder of Chandra Pal Singh, for which respondent No.2 was alleged to have conspired with S.B. Singh to hire shooters. The trial court denied bail, but the Allahabad High Court granted bail, reasoning that the prosecution case was weak and that key statements were recorded only …

COMMNR. OF INCOME TAX, AHMEDABADversusSARABHAI HOLDINGS PVT. LTD.

2008 INSC 1202Dismissed

The Commissioner of Income Tax, Ahmedabad appealed against the Gujarat High Court’s judgment in favour of Sarabhai Holdings Pvt. Ltd. concerning interest on a deferred sale consideration. The assessee had sold a business unit and agreed to pay interest at 11% on the unpaid balance, later modifying …

STATE BY INSPECTOR OF POLICE, T. NADUversusRAKIAPPAN AND ORS.

2008 INSC 1191Appeal(s) allowed

The State prosecuted Rakiappan and others for the homicidal death of two persons, relying on the testimony of PW2, a 12‑year‑old child who was injured during the incident. PW2 regained consciousness and gave a statement to the investigating officer on 13 December 1995, which the trial court …

STATE OF PUNJABversusGURDIP KAUR

2008 INSC 1192Dismissed

The State of Punjab appealed the acquittal of Gurdip Kaur and co‑accused by the Punjab and Haryana High Court. The trial court had convicted them under IPC s.302 read with s.34 for murder. The High Court set aside the convictions, citing a substantial delay in lodging the FIR, an unexplained delay …

STATE OF GOAversusSUBHASH GHOGLE

2008 INSC 1193Dismissed

The State of Goa charged Subhash Ghogle with murder under Section 302 IPC for allegedly strangling Bendita Parriera on 4 January 1999. The trial court convicted him based on a series of circumstantial facts, including alleged motive, presence at the scene, noises of a quarrel, and forensic evidence, …

STATE OF PUNJABversusAVTAR SINGH

2008 INSC 1194Dismissed

The trial court convicted the accused under Section 302 read with Section 34 of the IPC for murder. The Punjab and Haryana High Court set aside the conviction, acquitting the accused on the basis of a substantial delay in lodging the FIR, a further delay in forwarding the report to the Elaka …

M. DHANDAPANIversusR. MUTHU NALIAPPAN & ORS.

2008 INSC 1195Dismissed

The appellant, a shopkeeper, alleged that police officers assaulted him on 18 February 1997 for keeping his shop open past the prescribed closing time. He claimed the officers questioned him, were dissatisfied with his explanation, and then forcibly placed him in a jeep and beat him. The trial …

ASHOK KUMAR MONDALversusSAMIR KUMAR MONDAL & ANR.

2008 INSC 1196Dismissed

The deceased was allegedly struck on the head with a crowbar by his brother during a domestic altercation, leading to his death. The trial court convicted the brother under Section 304 Part‑II of the IPC. On appeal, the Calcutta High Court acquitted him, holding that the eyewitness testimonies were …

ASRAF SK AND ANR.versusSTATE OF WEST BENGAL

2008 INSC 1181Appeal(s) allowed

The appellants Asraf SK and another were convicted by the trial court and the Calcutta High Court for murder of the father of two witnesses under IPC s.302 read with s.34, based primarily on the testimony of the victims' daughters (PW‑1 and PW‑2) and other circumstantial evidence. The Supreme Court …

VIJI & ANR.versusSTATE OF KARNATAKA

2008 INSC 1182Case Partly allowed

The deceased John Peter was attacked on a footpath by a group of seven accused. The trial court convicted all of them for offences including murder under s.302 read with s.149 IPC. The High Court acquitted accused Nos.2‑6 and modified the conviction of accused Nos.1 and 7 to s.302 read with s.34 …

NOHARLAL VERMAversusDISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, JAGDALPUR

2008 INSC 1183Dismissed

Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on …

THREE CHEERS ENTERTAINMENT PVT. LTD. & ORS.versusC.E.S.C. LTD.

2008 INSC 1184Appeal(s) allowed

Three Cheers Entertainment Pvt. Ltd. and others produced a television programme alleging illegal acts by Calcutta Electricity Supply Company Ltd. (CESC), leading CESC to file a defamation suit and obtain an interim injunction restraining further telecasts. The High Court, while confirming the …

DIPITIMAYEE PARIDAversusSTATE OF ORISSA & ORS.

2008 INSC 1185Dismissed

Dipitimae Parida applied for the post of Anganwadi worker under the Integrated Child Development Scheme. At the deadline for applications she was unmarried, but she married later and was nevertheless awarded three marks for being a married woman during the viva‑voce. Respondent No.5 challenged the …

STEEL AUTHORITY OF INDIAversusMADHUSUDAN DAS & ORS.

2008 INSC 1186Appeal(s) allowed

The case concerned the death of Bhagirathi Das, a mine employee of Steel Authority of India Ltd., who collapsed while on duty. His son sought a compassionate appointment under Para 8.9.4 of the 1989 Memorandum of Settlement, which provides such appointment only if death is due to an accident arising …

STATE OF ANDHRA PRADESHversusBAJJOORI KANTHAIAH AND ANR.

2008 INSC 1187Appeal(s) allowed

The Prohibition and Excise officers filed FIRs alleging that the accused were transporting or storing black jaggery/molasses for the purpose of manufacturing illicit distilled liquor, offences punishable under the Andhra Pradesh Excise Act, 1968 and the Andhra Pradesh Prohibition Act, 1995. The …

M/S NAGARJUNA CONSTRUCTION CO. LTD.versusGOVT. OF ANDHRA PRADESH AND ORS.

2008 INSC 1189Appeal(s) allowed

The appellants, construction firms, challenged a revisional order issued by the Andhra Pradesh Government that imposed a seigniorage fee on earth material used in a contract, alleging that the order was passed without notice and on the basis of inspection reports and material not supplied to them. …

PALWINDER SINGHversusBALWINDER SINGH & ORS.

2008 INSC 1190Appeal(s) allowed

The deceased, Darshan Kaur, a dumb (and allegedly deaf) woman, was set on fire on 6 April 2001 and gave two dying declarations identifying the accused. The Sessions Judge refused to discharge the accused under Section 227 of the CrPC, but the High Court, on revision, allowed the discharge, …

ISHWAR SINGHversusSTATE OF MADHYA PRADESH

2008 INSC 1169Case Partly allowed

Ishwar Singh was convicted under Section 307 read with Section 34 of the IPC for assaulting Devi Singh and was sentenced to three years' rigorous imprisonment and a fine. The conviction and sentence were upheld by the High Court. While the appeal was pending before the Supreme Court, the accused and …

THE SECRETARY, DEPARTMENT OF HORTICULTURE, CHANDIGARH & ANR.versusRAGHU RAJ

2008 INSC 1170Appeal(s) allowed

The Secretary, Department of Horticulture, Chandigarh filed a second appeal under Section 100 of the CPC against a decree reinstating workman Raghu Raj, which had been admitted in 1980 and remained pending for decades. In 2006 the Punjab and Haryana High Court dismissed the appeal on its merits …

M/S. SETHI AUTO SERVICE STATION AND ANR.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

2008 INSC 1171Dismissed

The appellants, owners of two petrol pumps at Mahipalpur, claimed that the Delhi Development Authority (DDA) had a duty to relocate their outlets after a flyover project made the sites commercially unviable. The DDA’s Technical Committee and later the Screening Committee had initially recommended …

MAHADEV PRASAD KAUSHIKversusSTATE OF U.P. & ANR.

2008 INSC 1172

The appellant, a medical practitioner, was accused of causing the death of a patient, Buddha Ram, after administering three injections, and of threatening the complainant to withdraw the case. The trial magistrate issued summons under IPC sections 304, 504 and 506, which the High Court upheld. The …

STATE OF PUNJABversusGURDEV SINGH & ORS.

2008 INSC 1173Dismissed

The State of Punjab charged six accused with murder under IPC s.302 read with s.34, alleging that after a jeep deliberately struck the deceased's scooter, the accused assaulted him with rods and hockey sticks, leading to his death after 55 days. The trial court convicted four of the accused, but the …

COMMISSIONER OF INCOME TAX, RAJKOTversusM/S GUJARAT SIDDHI CEMENT LTD.

2008 INSC 1174Disposed off

The Commissioner of Income Tax, Rajkot appealed against M/s Gujarat Siddhi Cement Ltd.'s claim of an investment allowance for additional costs incurred on plant and machinery due to foreign exchange rate fluctuations for the assessment year 1993-94. The assessing officer disallowed the claim, …

STATE OF RAJASTHANversusNARAYAN

2008 INSC 1175Dismissed

The State of Rajasthan charged Narayan with murdering his wife, alleging he killed her because she was pregnant by another man. Both were found with cut throats, Narayan alive, and the weapon was discovered under the wife's clothing. The trial court convicted him under IPC sections 302, 316 and 309, …

VIRENDRA @ BUDDHU & ANR.versusSTATE OF U.P.

2008 INSC 1176Dismissed

The case involves the murder of Rameshwar Dayal on 5 October 1979, for which three men—Virendra (Buddhu), Ram Asrey (Tami) and Girish Chandra (Gappu)—were charged under Sections 302, 34 and 307 of the IPC. The deceased's wife (PW‑1) and daughter (PW‑2, a 14‑year‑old girl) were eye‑witnesses and …

KAPIL DEO SINHAversusKIRANDEO PRASAD & ANR.

2008 INSC 1177Dismissed

The incident occurred on 25 March 1978 when six accused, including Kirandeo Prasad, attacked a group in a dalan, resulting in the death of Sukhu Mahton. The trial court convicted Kirandeo Prasad under Section 302 IPC and sentenced him to life imprisonment, acquitting the other five accused. On …

N. NAVEEN KUMAR AND ORS.versusSTATE OF A.P.

2008 INSC 1178Dismissed

The accused, a government servant, was convicted under Section 5(1)(e) and 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. The trial court sentenced him to one year imprisonment, imposed a fine, and ordered that four specified assets be …

N. RAMAKRISHNAIAH (DEAD) THR. LRS.versusSTATE OF A.P.

2008 INSC 1179Dismissed

The appellant, a former Executive Engineer in the Andhra Pradesh Panchayat Raj Department, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to one …

STATE OF PUNJABversusBAKHSHISH SINGH & ORS.

2008 INSC 1180Dismissed

The State of Punjab prosecuted four accused—Bakhshish Singh, Balbir Singh, Balraj Singh and Gurmeet Kaur—for the death of Mangal Singh. The prosecution alleged that the accused, after a quarrel, held the deceased while Balraj Singh delivered a single blow that caused fatal head injuries. The trial …

P. VENUGOPALversusMADAN P. SARATHI

2008 INSC 1167Dismissed

The appellant was convicted under Section 138 of the Negotiable Instruments Act for issuing two cheques of Rs.60,000 each that were dishonoured. He contested the existence of a creditor‑debtor relationship, the service of statutory notice, and the authenticity of his signature. The trial and …

STATE OF M.PversusMAKHAN @ MADAN & ORS.

2008 INSC 1159Dismissed

The State of Madhya Pradesh charged Makhan (Madam) and others with murder under Sections 148, 302 read with 149 of the IPC, alleging they assaulted the deceased with sticks and rods, leading to his death. The trial court convicted them, but the Madhya Pradesh High Court acquitted them, discarding …

RENU KUNTA MALLAIAHversusSTATE OF A.P.

2008 INSC 1160Appeal(s) allowed

The appellant, a driver of an APSRTC bus, was convicted under Section 304-A of the Indian Penal Code for allegedly driving rashly and fatally striking a boy on 9 November 1994. The prosecution's case relied on the testimony of three eyewitnesses (PW‑4, PW‑5, and PW‑11) who gave conflicting accounts …

SMT. RACHNAversusJAYESH

2008 INSC 1161Disposed off

Smt. Rachna filed a transfer petition before the Supreme Court seeking transfer of several pending civil and criminal matrimonial cases to the Supreme Court Lok Adalat. The matters were listed before the Lok Adalat on 5 September 2008, where mediation led to a comprehensive settlement covering …

SAIRA @ RUHIversusATHAR ABBAS

2008 INSC 1162Disposed off

In Transfer Petition (C) No. 25 of 2008, Saira sought transfer of a matrimonial dispute involving criminal and civil proceedings against Athar Abbas. The Supreme Court directed the matter to be listed before its Lok Adalat, where mediators facilitated a settlement. The parties agreed to withdraw all …

SMT SEEMA BANSALversusDR. MAYANK BANSAL

2008 INSC 1163Disposed off

The Supreme Court, sitting as a Lok Adalat, facilitated a settlement between Seema Bansal and Mayank Bansal concerning their matrimonial dispute. The parties agreed that the father would pay Rs.10 lakh for the maintenance of their daughter in four instalments, keep the amount in a fixed deposit, and …

BABULAL KHANDELWAL & ORS.versusBALKRISHAN D. SANGHVI & ORS.

2008 INSC 1164Dismissed

Respondent No.1 filed an administration suit to administer the intestate estate of his deceased parents. During the suit he sought to amend the plaint to implead the appellants, alleging that two properties had been alienated to a company and to the appellants during the parents' lifetimes. The …

SUNILversusSTATE OF MAHARASHTRA

2008 INSC 1165Appeal(s) allowed

The appellant Sunil, originally accused No.6, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 149 of the Indian Penal Code, along with several other offences, based primarily on the testimony of two eyewitnesses. The prosecution alleged that …

MANOJ SHARMAversusSTATE & ORS.

2008 INSC 1166Appeal(s) allowed

Manoj Sharma was charged in an FIR for offences including cheating, forgery and fraud under Sections 420, 468, 471, 34 and 120‑B IPC. The complainant and the accused later reached an amicable settlement and the complainant withdrew the allegations. The Delhi High Court refused to quash the FIR, …

STATE OF M.P.versusWAZIR KHAN & ANR.

2008 INSC 1158Dismissed

The State of Madhya Pradesh charged Wazir Khan and another accused with murder under Section 302 read with Section 34 of the IPC for allegedly throwing a petrol bomb at the deceased. The trial court convicted them, but the High Court acquitted, holding that the medical evidence did not support the …

B.S. MATHUR & ANR.versusUNION OF INDIA & ORS.

2008 INSC 1151Case Allowed

The petitioners, directly recruited Additional District and Sessions Judges, challenged the Delhi High Court's seniority list for Delhi Higher Judicial Service (DHJS) officers that was based on the 3 July 1986 Office Memorandum (OM). They argued that seniority should be determined under Rule 8(2) …

THE SUPERINTENDENT, NARCOTIC CONTROL BUREAUversusPARASH SINGH

2008 INSC 1153Dismissed

A complaint was lodged under Section 8 of the NDPS Act, 1985 alleging an offence punishable under Section 20(b)(i). While the case was pending, the NDPS (Amendment) Act, 2001 altered the punishment provisions in Section 20, introducing a new sub‑clause (ii)(c) with higher penalties. The trial court …

MUKUL MAHTO AND ORS.versusSTATE OF JHARKHAND AND ANR.

2008 INSC 1154Dismissed

The appellants were charged with assaulting the deceased with a lathi and an axe, which resulted in his death, and also assaulting three other villagers who came to his aid. The trial court acquitted them on the ground that the eye‑witnesses were relatives of the deceased and that the medical …

UNION OF INDIAversusBALI RAMU PAWAR & ORS.

2008 INSC 1155Disposed off

The Union of India appealed the trial court's acquittal of accused Nos. 5‑9 and the acquittal of accused Nos. 1‑4 under Section 1208 IPC in a case of election‑related violence in Dadra and Nagar Haveli. The trial court had convicted accused Nos. 1‑4 on several offences but acquitted them on the …

UNION OF INDIA AND ORS.versusRAM KUMAR THAKUR

2008 INSC 1156Appeal(s) allowed

The Union of India and others appealed a single High Court judge's order that reinstated an employee, Ram Kumar Thakur, while simultaneously complying with that order by reinstating him. The Division Bench of the Jammu & Kashmir High Court dismissed the writ appeal as infructuous on the ground that …

MONDRI SREENUversusSTATE OF ANDHRA PRADESH

2008 INSC 1157Dismissed

The appellant, Montri Sreenu, was convicted under Section 302 of the Indian Penal Code for murdering his mother‑in‑law, Batta Chandramma. The prosecution relied on the appellant’s confession before a magistrate, extra‑judicial confessions to witnesses, recovery of a stone and stick allegedly used as …

STATE OF HARYANAversusSHER SINGH

2008 INSC 1152Dismissed

The State of Haryana charged Sher Singh with rash driving and causing death by negligence under IPC sections 279 and 304A after a bus he was alleged to be driving struck a pedestrian who later gave a dying declaration. The trial court and the first appellate court convicted him, but the Punjab & …

UNION OF INDIA & ANR.versusG. RAJANNA & ORS.

2008 INSC 1150Dismissed

The employees sought in‑situ promotion to a higher pay scale under the career‑advancement scheme, but the Central Administrative Tribunal rejected their claim on the ground that they lacked the matriculation qualification prescribed in the Cadre and Recruitment Rules. The Karnataka High Court …

VANIYANKANDY BHASKARANversusMOOLIYIL PADINHJAREKANDY SHEELA

2008 INSC 1146Dismissed

The respondent obtained a decree for possession of a suit property in 1990, which was later enforced through execution proceedings in 2004. The appellant, after the execution commenced, filed a suit for specific performance of an alleged oral agreement and sought an injunction to stay the eviction. …

STATE REP. BY INSPECTOR OF POLICEversusSARAVANAN & ANR.

2008 INSC 1148Case Partly allowed

The case arose from a dispute over mango trees that escalated into a violent altercation on 1 June 1991, during which the accused brothers assaulted several persons, causing the death of the deceased Murugesan and injuries to three eye‑witnesses who were relatives of the deceased. The trial court …

NAGAR PALIKA NIGAMversusKRISHI UPAJ MANDI SAMITI AND ORS.

2008 INSC 1145Disposed off

The Municipal Corporation of Ratlam appealed against a High Court order that it could not levy property tax on a building and superstructure erected by the Krishi Upaj Mandi Samiti within a market yard located in the corporation's area. The dispute turned on the proviso to Section 9(3) of the Madhya …

MAHINDRA MULJI KERAI PATELversusSTATE OF GUJARAT

2008 INSC 1149Disposed off

The appellant Mahindra Mulji Kerai Patel, aged 19, killed the grandmother of a girl and injured the girl's mother after they rejected his marriage proposal. He was initially convicted by the trial court under sections 324 and 452 of the IPC. The State appealed, and the Gujarat High Court substituted …

COMMISSIONER OF CENTRAL EXCISE, BOLPURversusMIS RATAN MELTING & WIRE INDUSTRIES

2008 INSC 1144Disposed off

The Commissioner of Central Excise, Bolpur (Revenue) appealed against the order of the Customs, Excise and Gold Control Appellate Tribunal in a dispute with Mis Ratan Melting & Wire Industries. The central issue was whether circulars issued by the Central Board of Excise and Customs could override a …

ARUMUGAMversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1134Case Partly allowed

A dispute over panchayat elections led Arumugam (A‑1), Shanmugavel (A‑2) and Subbiah (A‑3) to attack their brother Vairamuthu with a spike, an aruval and a stick, causing his death. The trial court convicted A‑1 under s.302 IPC and the High Court upheld the conviction. On appeal, the accused argued …

SIDDHAPAL KAMALA YADAVversusSTATE OF MAHARASHTRA

2008 INSC 1135Disposed off

The appellant, Sidhapal Kamala Yadav, a prisoner, was convicted of murdering co‑prisoner Dilip Sitaram Chaudhary in a hospital ward. He pleaded the defence of unsoundness of mind under Section 84 of the Indian Penal Code, claiming he was incapable of knowing the nature of his act. Two psychiatrists …

BUR SINGH AND ANR.versusSTATE OF PUNJAB

2008 INSC 1136Dismissed

The appellants Bur Singh and others were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Surjan Singh. The prosecution relied on the testimony of two eye‑witnesses who were relatives of the deceased. The appellants argued that the witnesses were interested …

HANUMAN RAMversusTHE STATE OF RAJASTHAN AND ORS.

2008 INSC 1137Appeal(s) allowed

The accused (respondents 2 and 3) were tried for offences under Sections 147, 452, 364, 302/149 and 201/149 of the IPC. Two prosecution witnesses, PW‑3 (Bhopalaram) and PW‑5 (Nandaram), had been examined and cross‑examined in the trial court and later again as witnesses before a Juvenile Court, …

RAM SINGHversusSTATE OF MADHYA PRADESH

2008 INSC 1138Dismissed

Ram Singh and an accomplice were convicted of murder, house‑trespass and intimidation under Sections 302, 452 and 504 of the IPC after the deceased’s wife and son testified that the accused stabbed the victim inside his house. The appellants challenged the conviction on the ground that the …

DHARAM SINGHversusKARNAIL SINGH AND ORS.

2008 INSC 1139Disposed off

Dharam Singh filed a suit seeking a declaration of ownership of a property and restraining the defendants from transferring it. The trial court and the first appellate court decreed in his favour, but the High Court, on a second appeal filed by the defendants under Section 100 of the Code of Civil …

THE COMMISSIONER OF INCOME TAX-KOLHAPURversusTHE RATNAKAR BANK LTD.

2008 INSC 1140Disposed off

The Revenue appealed against the Bombay High Court's order upholding the Income Tax Appellate Tribunal's view that interest earned by Ratnakar Bank Ltd. on government securities was not chargeable to tax under Section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether such …

THE COMMISSIONER OF INCOME TAX, KOLHAPURversusICICI BANK LTD.

2008 INSC 1141Disposed off

The Revenue appealed against the Bombay High Court’s order upholding the Tribunal’s view that interest earned by ICICI Bank on government securities was not taxable under section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether the interest in question fell within the …

THE COMMISSIONER OF INCOME TAX, II, TIRUCHIRAPALLIversusCITY UNION BANK LTD.

2008 INSC 1143Disposed off

The Supreme Court examined an appeal by the Commissioner of Income Tax challenging the High Court's affirmation that interest earned by City Union Bank on government securities was not assessable under section 2(7) of the Interest Tax Act, 1974. The Tribunal and the High Court had held the interest …

SOUTHERN SALES & SERVICES & ORS.versusSAUERMILCH DESIGN & HANDELS GMBH

2008 INSC 1121Dismissed

The respondent filed a suit under Order 37 of the Code of Civil Procedure, 1908 for recovery of Euro 757,885.42. The defendant raised triable issues and admitted part of the claim; the trial court gave unconditional leave to defend. The Karnataka High Court modified this to conditional leave, …

DIV. MANAGER, NEW INDIA ASSURANCE CO. LTD.versusA. SANKARALINGAM

2008 INSC 1122Dismissed

The respondent was appointed as a sweeper‑cum‑water carrier on a monthly wage in 1986 and worked daily until about 5 p.m., effectively on a full‑time basis despite being described as part‑time. His services were terminated in March 1989 and he sought regularisation and protection under the …

C.R. PATILversusSTATE OF GUJARAT & ORS.

2008 INSC 1123Case Partly allowed

The appellant, a director of a construction firm, had obtained a large loan from a bank that later went into liquidation. The bank filed a liquidation suit and criminal proceedings for default. The appellant was granted temporary bail with conditions, but the High Court later vacated the bail and …

BABLOO PASIversusSTATE OF JHARKHAND & ANR.

2008 INSC 1124Appeal(s) allowed

Rajesh Mahatha was arrested for offences under Sections 304B and 306 of the IPC and claimed to be a juvenile, seeking protection under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice Board, after obtaining a medical board opinion that his age was between 17‑18 …

UNION OF INDIAversusPADAM NARAIN AGGARWAL ETC

2008 INSC 1125Case Partly allowed

The Union of India initiated customs proceedings against Padam Narain Agarwal and others for alleged export fraud, issuing summons under Section 108 of the Customs Act to record their statements. The respondents, refusing to cooperate, were later charged with offences under Sections 174 and 175 of …

SANGHI BROTHERS (INDORE) PVT. LTD.versusSANJAY CHOUDHARY AND ORS.

2008 INSC 1126Appeal(s) allowed

Sanghi Brothers (Indore) Pvt Ltd filed a complaint alleging that the directors of Chetak Construction Ltd had taken vehicles on lease and later sold eight of them, constituting cheating and criminal breach of trust under IPC sections 420 and 406 read with section 34. The trial magistrate framed …

STATE OF A.P.versusP. SATYANARAYANA MURTHY

2008 INSC 1120Case Partly allowed

The respondent, a Development Officer of the Andhra Pradesh Khadi and Village Industries Board, was caught demanding and receiving a Rs.500 bribe from a loan applicant (PW‑1) to revive a lapsed loan. The trial court convicted him under Sections 13(2) and 13(1)(d)(i) of the Prevention of Corruption …

STATE OF U.PversusRAM BALAK AND ANR.

2008 INSC 1127Dismissed

The State of Uttar Pradesh charged Ram Balak and another with the rape and murder of a 14‑year‑old girl, invoking IPC sections 376, 302 and 201. The trial court convicted them on the basis of five circumstantial points, including a dog‑tracking lead and an alleged extra‑judicial confession, and …

RAJESH KUMARversusSTATE OF H.P.

2008 INSC 1128Case Partly allowed

The appellant Rajesh Kumar and his brother Surjit Singh attacked the deceased Ravinder Kumar; Surjit inflicted a fatal head wound with a drat while Rajesh struck non‑vital parts with a danda. After the assault, a witness seized the danda from Rajesh and threw it away, and Rajesh fled without picking …

M/S KLM ROYAL DUTCH AIRLINESversusDIRECTOR GENERAL OF INVESTIGATION & REGISTRATION

2008 INSC 1129Appeal(s) allowed

M/s. KLM Royal Dutch Airlines appealed against an order of the MRTP Commission that held it guilty of unfair trade practice for a deficiency in cargo service. The complainant alleged that two parcels were delayed, causing loss, and the Commission treated the delay as an unfair trade practice under …

RAJINDER PAL SINGH LAMBAversusSURAJ BHAN & ORS.

2008 INSC 1130Disposed off

Two Lower Division Clerks, Rajinder Pal Singh Lamba and V.K. Garg, applied for promotion to Upper Division Clerk in 1986‑87 under Rule VI of Chapter 18‑A of the High Court Rules, which was framed under s.35(3) of the Punjab Courts Act, 1918. Their applications were rejected; the High Court later …

RUKMINI NARVEKARversusVIJAYA SATARDEKAR & ORS.

2008 INSC 1131Disposed off

The appellant Rukmini Narvekar filed a criminal complaint alleging that advocate Ranjit Satardekar fraudulently obtained her signature on a Power of Attorney and used it to sell her property to his wife Vijaya Satardekar. The High Court quashed the criminal proceedings against both accused, relying …

B.C. MYLARAPPA @ DR. CHIKKAMYLARAPPAversusDR. R. VENKATASUBBAIAH AND ORS.

2008 INSC 1132Appeal(s) allowed

The appellant, Dr. B.C. MylarpPA, was appointed Professor of Sociology at Bangalore University after a Board of Appointment, comprising academic experts, counted his eight years of lecturing and five years of research assistant experience to satisfy the 10‑year post‑graduate teaching/research …

C. JACOBversusDIRECTOR OF GEOLOGY & MINING & ANR.

2008 INSC 1133Dismissed

C. Jacob, a former drill helper who joined service in 1967, was terminated in 1982 for unauthorized absence and private employment. After an 18‑year gap he filed representations in 2000 seeking reinstatement, which were rejected, leading him to file a writ petition for pension benefits. The High …

RAMPRASAD BALMIKIversusANIL KUMAR JAIN & ORS.

2008 INSC 1113Dismissed

The appellant, a driver for the Cantonment Board, was injured in a road accident and claimed Rs 17.94 lakh under Section 166 of the Motor Vehicles Act, 1988 for permanent disability and loss of earnings. The Motor Accident Claims Tribunal awarded Rs 85,000, which the High Court enhanced to Rs …

STATE, REPRESENTED BY INSPECTOR OF POLICE, TAMILNADUversusSAIT & KRISHNAKUMAR

2008 INSC 1112Dismissed

The State appealed the acquittal of Sait & Krishnakumar, who had been convicted by a Sessions Court of murder (IPC s.302) and robbery (IPC s.392 r/w s.397) based on the testimony of prosecution witnesses PW‑1 to PW‑3 and PW‑8. The High Court set aside the conviction, holding that PW‑1, PW‑2 and PW‑3 …

MUBARIK KHANversusNABABKHA @ NAWAB AND ORS.

2008 INSC 1114Dismissed

The High Court of Madhya Pradesh acquitted the accused, Mubarik Khan, on the basis that the sole eyewitness (PW5) was unreliable and that there was a considerable delay in forwarding the FIR to the magistrate. The State appealed to the Supreme Court under Article 136, challenging the acquittal. The …

INSPECTOR OF POLICE, T.N.versusPALANISAMY @ SELVAN

2008 INSC 1115Dismissed

The Sessions Judge convicted Palanisamy (Selvan) for murder under s.302 IPC based on two pieces of circumstantial evidence: witnesses 1 and 2 who claimed to have seen the deceased with the accused at 11 p.m. on a dark night, and an alleged extra‑judicial confession made to the village head (PW‑3) on …

TALWARA COOP. CREDIT & SERVICE S0CIETY LTD.versusSUSHIL KUMAR

2008 INSC 1116Appeal(s) allowed

Talwara Cooperative Credit & Service Society Ltd terminated clerk Sushil Kumar after two short spells of employment (1987-1990 and 1995-1997) citing financial losses. The Labour Court awarded reinstatement with full back wages, which the High Court upheld. The Society appealed to the Supreme Court, …

B.M. MALANIversusCOMMR. OF INCOME TAX & ANR.

2008 INSC 1117Appeal(s) allowed

B.M. Malani, a money‑lender who also traded in shares, had shares and a demand draft seized during a raid. He offered to pay his tax liability by selling the seized shares and requested the Income‑Tax Authority to dispose of them, but the request was ignored. The Department later levied interest …

STATE OF MAHARASHTRA & ORS.versusSNEHA SATYANARAYAN AGRAWAL & ORS.

2008 INSC 1118Disposed off

The case concerned admission to medical colleges in Maharashtra under the MHT‑CET 2006 preference system. Respondent No.1, Sneha Satyanarayan Agrawal, was allotted a seat at GMC Yavatmal (merit rank 963) and claimed that higher‑ranked candidates (ranks 869 and 844) were improperly placed at IGMC …

MUNICIPAL CORPORATION, LUDHIANAversusINDERJIT SINGH & ANR.

2008 INSC 1119Dismissed

The Municipal Corporation of Ludhiana issued a series of notices, including a demolition notice under Sections 269 and 270 of the Punjab Municipal Corporation Act, 1976, against a marriage hall constructed by the late Hira Devi. The notices were served in the name of the deceased, were vague, and …

MURUGAN AND ANR.versusSTATE REP. BY PUBLIC PROSECUTOR, MADRAS, TAMIL NADU ANR.

2008 INSC 1107Dismissed

The appellants were convicted under IPC s.307 for a violent assault on two witnesses, after the trial court had acquitted them. The State appealed the acquittal under CrPC s.378, and the Madras High Court set aside the acquittal, finding the trial court's reasons untenable. The appellants contended …

MR. KRISHNA GOPAL KAKANIversusBANK OF BARODA

2008 INSC 1108Dismissed

Krishna Gopal Kakani, who had deposited a small margin for letters of credit with Bank of Baroda, sought the refund of surplus proceeds after the bank’s goods were auctioned and the sale proceeds were deposited with the court. After numerous notices, a failed adjustment proposal, and a dismissed …

RESERVE BANK OF INDIA & ANR.versusSTATE REP. BY M.R. BHAVSAR, BOMBAY

2008 INSC 1109Appeal(s) allowed

The Labour Enforcement Officer issued a show‑cause notice under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, alleging that the Reserve Bank of India’s College of Agricultural Banking had violated the Act. The principal of the college filed an application to quash the …