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Judgments of 2008

1505 judgments · newest first · showing 601–800

BANGARU VENKATA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 909Case Partly allowed

Bangaru Venkata Rao was convicted of murder under Section 302 IPC for stabbing his wife Polamma, who later died. He appealed, claiming the act was in private defence and that only a single blow was given in a sudden quarrel, invoking Exception 4 of Section 300 IPC. The Supreme Court examined the …

STATE OF KERALA & ANR.versusKONDOTTYPARAMBANMOOSA & ORS.

2008 INSC 910Case Allowed

The respondents filed a statement under Section 85(A) of the Kerala Land Reforms Act claiming they held land within the ceiling limit, but the State Land Board later found they exceeded it and directed the Taluk Land Board to reopen the case under Section 85(9). The Board initially held the …

STATE OF MADHYA PRADESHversusPAPPU @ AJAY

2008 INSC 897Case Allowed

The accused, Pappu@Ajay, was convicted by the trial court for offences under Sections 376(1) read with 511, 324 and 452 of the Indian Penal Code and sentenced to four years of rigorous imprisonment along with fines. The High Court, noting that the accused had already served about five months and 25 …

DINESH SINGHversusSTATE OF U.P.

2008 INSC 898Dismissed

The appellant Dinesh Singh and several co‑accused fired at a man identified as Juguntha, who died from a gunshot wound. The trial court acquitted all accused, but the Allahabad High Court convicted Dinesh Singh under Section 304 Part II IPC while acquitting the others, holding that the evidence …

STATE OF RAJASTHANversusGAJENDRA SINGH

2008 INSC 899Case Partly allowed

The appellant State of Rajasthan convicted Gajendra Singh under Sections 376, 323 and 341 of the Indian Penal Code, sentencing him to ten years rigorous imprisonment for rape and six months for the other offences. The High Court reduced the rape sentence to five years, invoking the proviso to …

BALDEV SINGHversusSTATE OF PUNJAB

2008 INSC 900Disposed off

Baldev Singh was convicted under Section 304‑B IPC for the death of his wife Satwant Kaur, who died by poisoning within two years of marriage. The prosecution proved that she was repeatedly harassed for dowry, including demands for a fridge, TV and a cash amount, in addition to a claim on her share …

DINESH KUMARversusSTATE OF RAJASTHAN

2008 INSC 901Dismissed

Dinesh Kumar and four others were charged with murder, attempted murder and related offences under Sections 302, 307, 324, 148, 452, 323 read with 149 of the IPC. The trial court convicted all five, but the Rajasthan High Court acquitted four co‑accused while upholding Dinesh Kumar's conviction. The …

KURELLA NAGA DRUVA VUDAYA BHASKARA RAOversusGALLA JANI KAMMA ALIAS NACHARAMMA

2008 INSC 902Dismissed

The plaintiff, who bought agricultural land in 1957, leased it to the defendant in 1971. After the defendant stopped paying rent in 1979, the plaintiff sued for possession and mesne profits, alleging the defendant was a trespasser. The defendant denied being a tenant and claimed ownership by adverse …

ENTERTAINMENT TAX OFFICER, HYDERABADversusM/S. GEETA ENTERPRISES

2008 INSC 903Appeal(s) allowed

The respondents, cinema theatres that had elected to pay entertainment tax on a slab basis under Section 5 of the Andhra Pradesh Entertainments Tax Act, 1939, were later issued demands for differential tax after the local area in which they were situated was upgraded during the period of option. The …

I. RAVINDRA REDDYversusSHAIK. KHADER MASTHAN AND ORS.

2008 INSC 904Case Allowed

The case involved the murder of a man (the deceased) who was last seen with accused A‑1 and A‑2. The prosecution relied on circumstantial evidence: the victims' last sighting with the accused, purchase of knives by the accused, discovery of a skeleton and burnt items, and identification of the …

SATYA NARAIN YADAVversusGAJANAND AND ANR.

2008 INSC 887Dismissed

The case arose from the murder of Devi Lal, who was killed by Gajanand with an axe while a dispute over grazing goats escalated. The trial court convicted Gajanand under s.302 IPC and sentenced him to life imprisonment, but the Rajasthan High Court acquitted him, accepting his claim of exercising …

VALSON AND ANR.versusSTATE OF KERALA

2008 INSC 888Dismissed

The State of Kerala appealed a trial court acquittal of Valson and others for offences including murder (IPC s.302) and assault (s.324) read with s.34. The High Court reversed the acquittal, convicting two accused and sentencing them to life imprisonment. The Supreme Court examined the scope of …

MAHARAJ KRISHAN BHATT AND ANR.versusSTATE OF J & K AND ORS.

2008 INSC 889Appeal(s) allowed

The appellants, constables in the Jammu & Kashmir Police, sought appointment as Sub‑Inspectors under the 50% direct recruitment quota by invoking Regulation 174 of the Police Manual. One constable, Abdul Rashid Rather, had earlier obtained such appointment through a Single Judge’s order, which was …

SUBODH S. SALASKARversusJAYPRAKASH M. SHAH & ANR.

2008 INSC 890Case Allowed

The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the …

SAMUNDRA DEVI AND ORS.versusNARENDRA KAUR AND ORS.

2008 INSC 892Case Allowed

A truck owned by Respondent No.1 and driven by Respondent No.2, insured by Respondent No.3, collided with a car, causing the death of the car occupant. The claimants filed a compensation claim under s.166 of the Motor Vehicles Act, 1988 and the Accident Claims Tribunal awarded Rs.13,32,000, holding …

RAM BABUversusUNITED INDIAN INSURANCE CO. LTD. & ORS.

2008 INSC 893Dismissed

The case arose from a motor accident on 27 January 1996 in which two relatives of the claimant died or were injured, leading the dependents to claim compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation and held United Indian …

D. PURUSHOTAMA REDDY & ANR.versusK. SATEESH

2008 INSC 894Case Partly allowed

The appellants issued cheques for a Rs 2,00,000 loan which were dishonoured, leading to criminal proceedings under Sections 138 and 142 of the Negotiable Instruments Act. They were convicted, fined Rs 2,10,000 and the criminal court, invoking Section 357 of the CrPC, directed that Rs 2,00,000 be …

BABY VARGHESEversusSTATE OF KERALA

2008 INSC 895Disposed off

The appellant, a dealer in aluminium household utensils, purchased old aluminium vessels and scrap which were processed into new utensils. The issue was whether the purchase turnover of such scrap and old utensils fell under Entry 5 (aluminium household utensils) or Entry 83 (metal scraps) of the …

T. KALIAMURTHI & ANR.versusFIVE GORI THAIKAL WAKF & ORS.

2008 INSC 896Case Allowed

The Wakf instituted suits for recovery of possession of certain properties, which the appellants claimed were private and barred by limitation under Article 134‑B of the Limitation Act, 1908, also pleading adverse possession. The trial court held the properties were Wakf property and barred by …

STATE OF HARYANAversusMAI RAM SON OF MAM CHAND

2008 INSC 883Case Allowed

The State of Haryana secured a conviction under Section 17 of the NDPS Act for possession of 1.5 kg of opium seized after police stopped the accused at a railway station on suspicion. The Punjab and Haryana High Court acquitted the accused, holding that Section 50 of the NDPS Act was violated, that …

COMMNR. OF SALES TAX, U.P.versusM/S HIND LAMPS LTD.

2008 INSC 884Case Allowed

The Commissioner of Sales Tax, Uttar Pradesh, appealed against a judgment of the Allahabad High Court which had allowed M/s Hind Lamps Ltd. to adjust alleged refundable tax amounts against tax payable for April, May and August 1977. The dealer claimed refunds for assessment years 1968-69 to 1971-72 …

STATE OF PUNJABversusDR. P.L. SINGLA

2008 INSC 885Case Allowed

Dr. P.L. Singla, a doctor employed by the State of Punjab, was found guilty of unauthorized absence from 1 June 1992 to 17 October 1997 and was punished by withholding five increments with cumulative effect. The Governor later granted him extraordinary leave for the same period, which the lower …

GHUREY LALversusSTATE OF U.P.

2008 INSC 877Appeal(s) allowed

Ghurey Lal was tried for murder under IPC s.302 and related offences. The trial court acquitted him, finding that the prosecution's version of a single shot causing both a bullet wound to the deceased and pellet injuries to a witness was implausible, based on medical and ballistic expert testimony …

ANIL MISHRAversusUNION OF INDIA AND ORS

2008 INSC 878Dismissed

Anil Mishra, a Deputy Commissioner of Central Excise & Customs, challenged an adverse entry for the year 2000‑01. He filed representations to the Chief Commissioner and the Central Government, both of which were rejected. He then moved an Original Application before the Central Administrative …

SHIVJEE SINGH AND ORS.versusSTATE OF BIHAR

2008 INSC 879Disposed off

The case arose from a violent incident on Holi in 1993 where Satya Narain Singh and his son Ambika Singh, along with several others, threw stones at a house and Ambika Singh fired a gun, killing one person and injuring others. The trial court convicted the accused under Sections 302, 148, 149 of the …

PONNAM CHANDRAIAHversusSTATE OF A.P.

2008 INSC 880Case Partly allowed

Sixteen accused attacked the deceased with weapons, leading to his death. The trial court convicted all under sections 147, 148, 149, 302 and related provisions, and the High Court upheld convictions of some while acquitting others. On appeal, the Supreme Court examined whether the relatives of the …

GODREJ PACIFIC TECH. LTD.versusCOMPUTER JOINT INDIA LTD.

2008 INSC 881Case Allowed

Godrej Pacific Tech Ltd. applied to the trial court for re‑examination of certain witnesses under Section 311 of the Code of Criminal Procedure, 1973. The trial court rejected the application, and the Punjab and Haryana High Court upheld that rejection. On appeal, the Supreme Court examined the …

DHARMENDRA GOELversusORIENTAL INSURANCE CO. LTD.

2008 INSC 882Case Allowed

The appellant purchased a Tata Sumo and insured it, renewing the policy on 13 February 2002 for Rs 3,54,000. The vehicle was involved in an accident on 10 September 2002 while the policy was in force. The insurer’s surveyor declared the vehicle a total loss and valued it at Rs 1,80,000, whereas the …

NASIRUDOIN KHAN AND ORS.versusSTATE OF BIHAR

2008 INSC 873Disposed off

The appellants attacked an informant and his brothers with weapons over a land dispute, causing injuries that led to a police complaint. They claimed they acted in private defence, but the trial court convicted one appellant under IPC Section 304 Part I (culpable homicide not amounting to murder) …

KERALA STATE ELECTRICITY BOARDversusC.P. SIVASANKARA MENON

2008 INSC 874Appeal(s) allowed

The Kerala State Electricity Board (KSEB) cut several fruit‑bearing trees, including rubber, coconut, pepper vines, and mango trees, to lay a 220 kV transmission line. The landowners claimed compensation for loss of yield, future age of the trees, and interest, contending that the High Court's award …

NUNE PRASAD AND ORS.versusNUNE RAMAKRISHNA

2008 INSC 875Disposed off

The appellant-plaintiffs Nune Prasad & Ors filed a suit asserting ownership of a property. The trial court and the first appellate court upheld their claim. The defendant filed a second appeal under Section 100 of the Code of Civil Procedure before the High Court, which set aside the lower judgments …

UNION OF INDIAversusPUSHPA RANI & OTHERS

2008 INSC 876Appeal(s) allowed

The petitioners, railway clerks belonging to the Scheduled Castes and Scheduled Tribes, challenged a Railway Board letter dated 9 October 2003 that applied the reservation policy to posts created by a cadre‑restructuring exercise in Group C and D. The Central Administrative Tribunal had struck down …

EASTERN COALFIELDS LTD.versusDUGAL KUMAR

2008 INSC 870Case Partly allowed

Eastern Coalfields Ltd. purchased 1.26 acres of land from Dugal Kumar and, under its policy, offered 1008 metric tons (MT) of coal, which the petitioner accepted and was released. After a ten‑year delay, the petitioner filed a writ petition seeking an additional 1008 MT of coal; the Calcutta High …

SHAIL KUMARI DEVI & ANR.versusKRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK

2008 INSC 871Case Partly allowed

Shail Kumari Devi and her minor daughter filed a Section 125 CrPC maintenance suit against Krishan Bhagwan Pathak in 1997, seeking Rs.500 each per month. The Family Court later ordered maintenance of Rs.2,000 and Rs.1,000 respectively, payable from the date of application (July 21, 1997). The High …

A.K. JAINversusPREM KUMAR

2008 INSC 872Case Allowed

A.K. Jain, a landlord, filed an eviction suit against tenant Prem Kumar under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming personal necessity for himself, his wife, son, daughter and later, his son’s wife, grandchildren and his own retirement. The Rent …

REGIONAL MANAGER, CENTRAL BANK OF INDIAversusMADHULIKA GURUPRASAD DAHIR AND ORS.

2008 INSC 867Case Allowed

The employee was appointed in 1981 to a post reserved for Scheduled Tribes on the basis of a caste certificate that was later found to be false. The Government‑issued directive of 1990 required public‑sector banks to verify such certificates, leading to the employee’s case being referred to a …

BEHARI KUNJ SAHKARI AVAS SAMITIversusSTATE OF U.P. & ORS.

2008 INSC 868Dismissed

The dispute concerned a four‑bigha property in Agra that became evacuee property after the owner migrated to Pakistan and vested in the Custodian of Evacuee Property. The land was auctioned in 1955 under the Displaced Persons (Compensation and Rehabilitation) Act, 1955 and allotted to a displaced …

M/S. PIOMA INDUSTRIES ETC. ETC.versusSTATE OF KERALA

2008 INSC 869Case Partly allowed

Mis. Pioma Industries and Mis. Rasna Pvt. Ltd appealed against the State of Kerala challenging the tax classification of "Rasna" under the Kerala General Sales Tax Act, 1963. The assessing officer, the first appellate authority, the Tribunal and the Kerala High Court had held that Rasna, a powdered …

STATE OF HARYANAversusSHIBU @ SHIV NARAIN AND ORS.

2008 INSC 866Dismissed

The State of Haryana appealed the acquittal of Shibu alias Shiv Narain and two others who were charged with murder of Vijay under IPC s.302, s.34. The trial court had convicted them, but the Punjab & Haryana High Court acquitted, holding that the alleged eye‑witnesses were not present and that the …

ANIL KUMAR SHAHI AND ORS.versusPROF. RAM SEVAK YADAV AND ORS.

2008 INSC 860Dismissed

The petitioners, former candidates for principal and senior lecturer posts, claimed that the Uttar Pradesh Public Service Commission (UPPSC) had willfully ignored Supreme Court orders (dated 10 Jan 2001 and 20 Feb 2002) directing it to apply a uniform eligibility criteria. The UPPSC issued an office …

SANNAIA SUBBA RAO & ORS.versusSTATE OF A.P.

2008 INSC 861Case Partly allowed

The case involves the kidnapping of a 16‑year‑old girl in 1992. The girl was later found and gave a written report alleging kidnapping, but her trial testimony was later embellished with claims of sexual abuse and an attempt to sell her into prostitution. The trial court acquitted all three accused …

RAJBABU & ANR.versusSTATE OF M.P.

2008 INSC 862Case Allowed

The deceased Shanti Bai set herself on fire in 1988 and, in her dying declaration, exonerated all members of her matrimonial home. The trial court convicted her husband and mother‑in‑law under IPC sections 306 (abetment of suicide) and 498A (cruelty) based largely on the dying declaration and a …

SURAJ SINGHversusARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.]

2008 INSC 863Dismissed

Suraj Singh and his wife were tried for the murder of Jagat Singh. The trial court acquitted both, relying on a perceived discrepancy between eye‑witness testimony and medical evidence. The Allahabad High Court set aside Suraj Singh's acquittal, convicted him under s.302 IPC and sentenced him to …

NATIONAL INSURANCE CO. LTD.versusGULAB NABI AND ANR.

2008 INSC 864Appeal(s) allowed

The Commissioner under the Workmen's Compensation Act, 1928 awarded compensation to the claimant and directed National Insurance Co. Ltd. to pay. The insurer appealed the award under section 30 of the Act. The Allahabad High Court dismissed the appeal summarily, without giving any reasons and …

MANGOO @ MANGAL SINGHversusSTATE OF M.P.

2008 INSC 865Appeal(s) allowed

Five persons were tried for murder under s.302 read with s.149 IPC. The trial court convicted all and sentenced them to life imprisonment. The High Court dismissed the appeal, upholding the conviction. Three of the accused filed Special Leave Petitions, and this Court altered their conviction to …

MUNIGADPPA MEENAIAHversusTHE STATE OF ANDHRA PRADESH

2008 INSC 858Dismissed

Munigadapa Meenaiah was convicted of murdering his brother's widow, Yellamma, by striking her with a pestle after suspecting her fidelity. The prosecution relied on the testimony of Yellamma's sons (PW1 and PW10) and a toddy shopkeeper (PW2) who saw the accused and the deceased together, the …

BANTUversusTHE STATE OF U.P.

2008 INSC 859Dismissed

The appellant Bantu was convicted of raping a five‑year‑old girl and murdering her by inserting a wooden stick into her vagina, leading to her death. The trial court sentenced him to death under IPC sections 302, 376 and 364, a decision affirmed by the High Court. On appeal, the Supreme Court …

AJAY G. PODARversusOFFICIAL LIQUIDATOR OF J.S. & W.M. AND ORS.

2008 INSC 854Dismissed

The High Court ordered the winding up of a company on 2 December 1983 and appointed an Official Liquidator. The Liquidator filed misfeasance proceedings on 1 December 1989 under s.543(1) of the Companies Act, 1956, although the five‑year limitation prescribed in s.543(2) had expired on 1 December …

JAYENDRA SARASWATI SWAMIGAL @ SUBRAMANIAMversusSTATE OF TAMIL NADU

2008 INSC 852Case Allowed

The appellant, an accused in a criminal case registered in Tamil Nadu, obtained a transfer of the case to the Principal District and Sessions Court in Pondicherry under Section 406 of the CrPC, alleging bias by the Tamil Nadu prosecution. After transfer, the Tamil Nadu government appointed a Special …

RAJ RAJENDRA SINGH SETH @ R.R.S. SETHversusTHE STATE OF JHARKHAND AND ANR.

2008 INSC 855Dismissed

Doctor R.R.S. Seth demanded Rs 500 from a relative of a patient for proper medical treatment, directing the payment to be made to his ward boy Nag Narain who would pass it on. A CBI‑led trap recovered the money and the doctor and ward boy were arrested. They were convicted under IPC sections 1208 …

SONELALversusSTATE OF M.P.

2008 INSC 856Dismissed

The appellant Sone Lal was convicted of murdering Ram Khilawan after the victim's wife and son testified that he stabbed the deceased three times. The trial court, supported by forensic evidence linking the blood on the knife to the victim, sentenced him to life imprisonment, a decision affirmed by …

SHAMBHOO SINGHversusSTATE OF RAJASTHAN

2008 INSC 857Case Partly allowed

Shambhoo Singh was convicted of murder (Sec. 302 IPC) and offences under Secs. 447, 307 and 324 for stabbing his neighbour during a land dispute. The trial court sentenced him to life imprisonment for murder and additional terms for the other offences. The appellant argued that the killing occurred …

SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRAversusSTATE OF KARNATAKA

2008 INSC 853Disposed off

Swamy Shraddananda, convicted of murdering his wife Shakereh under sections 302 and 201 IPC, was sentenced to death by the trial court and the Karnataka High Court affirmed the sentence. The Supreme Court, hearing a split decision on sentencing, noted that while the murder was cold‑blooded and …

PATEL RAJNIKANT DHULABHAI & ANR.versusPATEL CHANDRAKANT DHULABHAI & ORS

2008 INSC 847Disposed off

The petitioners alleged that the respondents, who were parties to a family property dispute, sold and transferred portions of the disputed land and allowed construction despite two interim orders of this Court dated 26‑April‑2004 and 10‑January‑2005 that prohibited any creation of third‑party …

CENTRAL BUREAU OF INVESTIGATION, NEW DELHIversusM.N. SHARMA

2008 INSC 848Case Allowed

The respondent, a Sub‑Registrar, was convicted by a Special Judge under the Prevention of Corruption Act, 1988 and Section 120‑B IPC and sentenced to rigorous imprisonment. While his appeal was pending, he filed an application under Section 389(1) read with Section 482 of the CrPC seeking suspension …

STATE OF U.P. AND ANR.versusNITIN AGNIHOTRI AND ANR.

2008 INSC 849Case Allowed

The father (respondent No.2) lodged an FIR under Section 366 IPC alleging that Nitin Agnihotri (respondent No.1) abducted his daughter. The High Court quashed the FIR and, despite finding no police lapse, imposed a cost of Rs.50,000 on the State and the complainant. The State appealed, contending …

INSPECTOR OF POLICE, TAMIL NADUversusBALAPRASANNA

2008 INSC 850Dismissed

The case involved the murder of Mayurani, a Sri Lankan student, and the conviction of Balaprasanna under Section 302 IPC based primarily on circumstantial evidence and confessional statements that led to the recovery of various items. The prosecution relied on statements made by the accused while in …

C.K. GANGADHARAN & ANR.versusCOMMISSIONER OF INCOME TAX, COCHIN

2008 INSC 846Reference answered

The Supreme Court was asked to consider whether the Revenue Department could be barred from filing an appeal in a tax matter merely because it had not appealed in other similar cases. The Court examined a series of conflicting High Court decisions and earlier Supreme Court judgments on the …

THE GOVERNMENT OF A.P.versusG. VENKATA RATNAM

2008 INSC 851Case Allowed

G. Venkata Ratnam, a Technical Assistant in the Andhra Pradesh Department of Archaeology and Museums, was transferred from Hyderabad to Kakinada in 2005 after serving 20 years at the head office. He challenged the transfer before the Andhra Pradesh Administrative Tribunal, which dismissed his …

MANJIT PRAKASH & ORSversusSHOBHA DEVI & ANR.

2008 INSC 843Case Allowed

The respondent filed a criminal case against her husband and his family. The accused were granted provisional bail on 3 May 2006, which was confirmed on 7 September 2006. The Patna High Court later cancelled the bail of three appellants without recording any reasons. The appellants appealed to the …

NORTH WEST KARNATAKA ROAD TRANSPORT CORPN.versusH.H. PUJAR

2008 INSC 844Case Allowed

The respondent, a bus conductor, was found not to have issued tickets to 20 of 136 passengers when his bus was intercepted. A domestic enquiry concluded he was guilty and he was dismissed. The Labour Court set aside the dismissal, ordering reinstatement and back wages, on the ground that the cash …

COMMISSIONER OF INCOME TAX, DELHI-VIversusM/S ORIENTAL INSURANCE CO. LTD.

2008 INSC 845Case Partly allowed

The Commissioner of Income Tax (Delhi-VI) appealed against Oriental Insurance Co. Ltd., contending that the Revenue must obtain clearance from the Committee of Disputes (COD) within one month before filing appeals against a public sector undertaking. The Delhi High Court dismissed the appeals for …

STATE OF KARNATAKAversusBANTARA SUDHAKARA @ SUDHA & ANR.

2008 INSC 842Case Allowed

The State of Karnataka appealed the Karnataka High Court’s acquittal of two tailors accused of raping two girls. The trial court had convicted them under Section 376 of the Indian Penal Code, relying on school certificates and the headmaster’s testimony that the victims were under 16 years of age. …

KANDASWAMYversusSTATE OF TAMIL NADU

2008 INSC 839Appeal(s) allowed

The appellant Kandaswamy was convicted by the trial court for murder under Section 302 of the Indian Penal Code after allegedly cutting the deceased Alagarsamy, leading to his instantaneous death. On appeal, the central issue was whether the facts satisfied the legal requirements for murder or …

ASRAF ALIversusSTATE OF ASSAM

2008 INSC 840Case Allowed

The appellant Asraf Ali was charged with murder of Khairul Hoque and was convicted by the trial court under IPC s.304(Part I) and later by the High Court under s.304(Part II). The conviction was based on circumstantial evidence, but the Supreme Court observed that during the examination under …

M/S. SUMANGALIversusREGIONAL DIRECTOR, E.S.I. CORPORATION

2008 INSC 841Dismissed

The Supreme Court considered appeals by three textile-related entities challenging the Employees' State Insurance Corporation's decision to club them with other establishments for ESI coverage. The lower courts had found that the units shared a common entrance, staircase, office space, electricity, …

H.U.D.AversusRAJ SINGH RANA

2008 INSC 835Case Allowed

The Haryana Urban Development Authority (HUDA) allotted a residential plot to Raj Singh Rana under an allotment letter that stipulated a 7% simple interest rate on instalments of the tentative sale price. After the plot’s acquisition cost was enhanced, HUDA demanded additional payment with interest …

COMMISSIONER OF CUSTOMS, CALCUTTAversusINDIAN RAYON & INDUSTRIES LTD.

2008 INSC 836Case Allowed

The Commissioner of Customs appealed against a Tribunal order that had allowed Indian Rayon & Industries Ltd. to claim duty exemption under Notification No. 94/96-Cus for three re‑imported consignments. The assessee had originally relied on Notification No. 158/95-Cus, executing separate bonds and …

KULDEEP SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 837Dismissed

The appellant, Kuldeep Singh, was the driver of a truck carrying a marriage party of about fifty people when the vehicle allegedly lost control, rolled over and caused the death of four persons and injuries to many others. He was acquitted by the trial court, but the Himachal Pradesh High Court …

STATE OF PUNJABversusKULWANT SINGH @ KANTA

2008 INSC 833Dismissed

The State of Punjab prosecuted Kulwant Singh (alias Kanta) for three murders and one attempt to murder that occurred in a marriage palace, leading the trial court to convict him under IPC s.302 and s.307 and award death. The High Court acquitted him, citing irregularities such as a month-long delay …

KASHI PRASADversusSTATE OF UTTAR PRADESH

2008 INSC 834Case Partly allowed

The case arose when the informant’s bullocks strayed into the field of Kashi Prasad, leading to a verbal altercation that escalated into a physical fight. During the scuffle Kashi Prasad struck the deceased Lachhi Ram with a spear, causing injuries that proved fatal. The trial court convicted the …

HARIJAN MANGRI SIDDAKKA AND ORS.versusORIENTAL INSURANCE CO. LTD. AND ANR.

2008 INSC 838Case Allowed

The appellants filed a claim for compensation under the Workmen's Compensation Act for workmen who died when a large quantity of mud collapsed from a quarry while being loaded onto a tractor‑trailer. The Commissioner held the accident occurred in the course of employment and the insurer was liable, …

THE KERALA STATE ELECTRICITY BOARDversusCHINAMMA ANTONY

2008 INSC 827Case Allowed

The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of Chinamma Antony, resulting in a claim for compensation for diminution of land value. The Additional District Judge enhanced the compensation awarded, and the Kerala High Court dismissed the Board’s …

MEERA SAHNIversusLT. GOVERNOR OF DELHI & ORS.

2008 INSC 828Dismissed

The appellants purchased land that had been notified for acquisition under the Land Acquisition Act, 1894, and claimed that they had obtained prior permission under Section 5 of the Delhi Lands (Restrictions on Transfer) Act, 1972, to transfer the land. The High Court dismissed their review and writ …

SHASHI MOHANversusSTATE OF M.P.

2008 INSC 829Case Allowed

The case involved three accused (A1, A2, A3) charged with murder under Section 302 read with Section 34 of the Indian Penal Code. A3 fired the fatal shots, while A2 was unarmed, did not perform any overt act, and no evidence linked him to a common intention with the others. Both the trial court and …

MOTI LALversusSTATE OF M.P.

2008 INSC 830Dismissed

Motilal Gadariya was convicted for raping his neighbour's wife, a married woman, under IPC sections 376(1) and 450 and for an offence under the SC/ST (Prevention of Atrocities) Act. The trial court sentenced him to five years for the offence against a married woman and seven years for rape; the High …

STATE OF HIMACHAL PRADESHversusSHISH RAM

2008 INSC 831Case Allowed

The State of Himachal Pradesh sought leave to appeal an acquittal of Shish Ram by the trial court. The High Court dismissed the application with a terse, non‑reasoned order, "Be registered. Heard. Dismissed." The State contended that such an order, lacking any reasons, was unsustainable. The Supreme …

DLF UNIVERSAL LTD.versusEKTA SETH & ANR.

2008 INSC 832Disposed off

DLF Universal Ltd sold a flat to Ekta Seth & others under an Apartment Buyer’s Agreement that allowed the seller to increase the price and stipulated forfeiture of earnest money for default. The buyers paid installments for five years but stopped after the seller demanded a cost‑escalation sum and …

UNION OF INDIAversusSATROHAN

2008 INSC 820Appeal(s) allowed

The police raided Satrohan's house and seized 309 kg of poppy straws. He was convicted by the trial court under Sections 8(c) and 15 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The Allahabad High Court acquitted him, holding that Sections 42(2) and 50 were not complied with …

RAJ KUMARversusSTATE OF H.P.

2008 INSC 818Dismissed

Raj Kumar, a bus driver, was convicted under IPC sections 279 (rash driving) and 304A (causing death by negligence) after a collision caused the deaths of two children. The trial court sentenced him to one year of rigorous imprisonment and a fine; the Sessions Court dismissed his appeal, and the …

SHAIKH AZIM @ VAKIL @ KUKUversusSTATE OF MAHARASHTRA

2008 INSC 821Case Allowed

Shaikh Azim, residing next to the deceased Abdul Jabbar Qureshi, got into a heated verbal altercation with the deceased's family over alleged filth being thrown across the boundary. During the ensuing fight, Azim struck the deceased on the head with a stick, causing a fatal bleeding injury; the …

STATE OF PUNJABversusNAVRAJ SINGH

2008 INSC 822Case Allowed

Navraj Singh, a Patwari, was convicted under the Prevention of Corruption Act, 1988 (ss.7, 13(1)(d) r.w. s.13(2)) and sentenced to three years' rigorous imprisonment. He appealed the conviction and, after the appeal was admitted, applied under CrPC s.389(1) read with s.482 for suspension of the …

DAMARA VENKATA MURALI KRISHNA RAOversusGURUJUPALLI SATVATHAMMA

2008 INSC 823Case Partly allowed

The plaintiff filed a suit for recovery of money based on a promissory note. The defendant contended that he had discharged the debt by making payments evidenced by receipts (Exhibits B‑1 to B‑12) issued to the plaintiff’s son, who was later examined as a witness and denied his signatures on those …

DUMPALA CHANDRA REDDYversusNIMAKAYALA BALIREDDY AND ORS.

2008 INSC 819Appeal(s) allowed

The accused were charged with offences under Sections 147, 148, 149 and 302 of the Indian Penal Code for stabbing the deceased to death. The Trial Court convicted them under Sections 148 and 302 IPC and imposed life imprisonment for murder. On appeal, the Andhra Pradesh High Court altered the …

BHARAT PARIKHversusC.B.I. & ANR.

2008 INSC 824Dismissed

The appellant, Bharat Parikh, was charged in a special CBI case in 1996. After five years he sought production of certain documents, which were eventually produced in 2002, and then applied for reopening of the case and discharge. The Special Judge rejected the application, and the Bombay High Court …

PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITYversusBHUPINDER SINGH

2008 INSC 825Case Partly allowed

In 1989 PUDA invited applications for higher‑income houses, requiring a Rs 4,000 earnest deposit and expressly stating that no interest would be paid on it. Unsuccessful applicants who did not request a refund of their deposit were later included in a second draw of lots in 1996, after which PUDA …

JEEWAN DHAR JAIN (DEAD) THROUGH LRS. & ORS.versusSTATE OF HARYANA & ORS.

2008 INSC 826Appeal(s) allowed

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, claimed the amount deposited by the Collector could be appropriated at their discretion for interest, costs, solatium and principal. The Execution Court had allowed such appropriation, but the Haryana Urban …

RAJINDER SINGHversusSTATE OF JAMMU AND KASHMIR AND ORS.

2008 INSC 808Case Allowed

Makhan Singh, a displaced person, was allotted agricultural land in Jammu & Kashmir under Government Order No. 254 of 1965 and his ownership was entered in the Jamabandi of 1966‑67. After his death in 1981, the Tehsildar mutated the entry in favour of his two sons, Rajinder Singh and Daljit Singh. …

SHIVANAND GAURISHANKAR BASWANTIversusLAXMI VISHNU TEXTILE MILLS & ORS.

2008 INSC 809Dismissed

The appellant, a workman of Laxmi Vishnu Textile Mills, challenged a tripartite settlement and the sale of the mill’s assets to a purchaser, alleging that the settlement was illegal, that the sale violated a BIFR order under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and …

RAJASTHAN LALIT KALA ACADEMYversusRADHEY SHYAM

2008 INSC 810Case Partly allowed

The respondent, Radhey Shyam, was employed as a junior clerk by Rajasthan Lalit Kala Academy and was terminated in 1981 without complying with the notice and compensation requirements of Section 25‑F of the Industrial Disputes Act. He raised an industrial dispute; the Labour Court ordered his …

GAURI SHANKAR PRASAD AND ORSversusBRAHMA NAND SINGH

2008 INSC 812Dismissed

The appellants, Gauri Shankar Prasad and others, needed money and mortgaged their land to the respondent, Brahma Nano Singh, executing a sale deed and a separate deed of agreement to reconvey the land upon repayment of Rs.36,600. The agreement stipulated that reconveyance must occur within three …

STATE OF MADHYA PRADESHversusIMRAT AND ANR.

2008 INSC 813Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court order that reduced the conviction of Imrat and others from attempt to murder (s.307 r/w s.34 IPC) to voluntarily causing grievous hurt (s.326 r/w s.34 IPC) and reduced their sentences. The facts involved a property dispute where the accused, …

MADAN AND ORS.versusSTATE OF MADHYA PRADESH

2008 INSC 814Case Partly allowed

The appellants entered the deceased's house at night, broke the door and assaulted the deceased and his family with lathis, resulting in the deceased's death. They claimed the right of private defence, arguing they were protecting their property from the deceased's alleged complaint. The trial court …

STATE OF HARYANAversusRAMESH KUMAR

2008 INSC 815Disposed off

The respondent, a workman in the Public Works Department, was terminated on 31 March 1993. The Labour Court held the termination illegal, finding that he had completed the requisite 240 days of service in the preceding year. The State of Haryana appealed, and the Punjab and Haryana High Court …

MAHILA VINOD KUMARIversusSTATE OF MADHYA PRADESH

2008 INSC 816Dismissed

Mahila Vinod Kumari filed a rape complaint against two men, who were later acquitted when she recanted her statement during trial, claiming she had never been raped. The trial court found that she had deliberately fabricated false evidence and, under Section 344 of the Code of Criminal Procedure, …

M/S. DEEPAK AGRO FOODSversusSTATE OF RAJASTHAN AND ORS.

2008 INSC 817Dismissed

M/s Deepak Agro Foods, a dealer under the Rajasthan Sales Tax Act, challenged assessment orders for the years 1995-96 and 1996-97 on the ground that they were anti‑dated, passed after the limitation period and were therefore null and void. The Rajasthan High Court set aside those orders and remanded …

PERYMON BHAGBATHYversusBHARGAVI AMMA (DEAD) BY LRS. AND ORS.

2008 INSC 807Appeal(s) allowed

The appellant, Perymon Bhagabathy (a devaswom), sought to set aside the abatement of a second appeal after the sole plaintiff, Bhargavi Amma, died during the pendency of the appeal. The High Court dismissed the appellant's applications to condone the delay, set aside the abatement, and bring the …

KURIACHAN CHACKO & ORS.versusSTATE OF KERALA

2008 INSC 795Dismissed

The appellants, partners of a firm selling lotteries and magazines, floated a scheme promising investors a double return after the enrolment of 14 additional members. The police charged them under the Prize Chits & Money Circulation Scheme (Banning) Act, 1978 (sections 2(c), 3, 4, 5), the Reserve …

BALJ NATHversusSTATE OF UTTAR PRADESH

2008 INSC 796Dismissed

Baijnath and his cousin Kalika Prasad were involved in a land dispute that was being settled by a village Panchayat. During the meeting Baijnath struck Kalika on the head with a lathi, causing severe head injury; Kalika later died from the injury. The trial court convicted Baijnath under Section 304 …

BHUPINDER SINGHversusUNION TERRITORY OF CHANDIGARH .

2008 INSC 797Dismissed

Bhupinder Singh, already married, concealed his first marriage and married Manjit Kaur, who later discovered his prior marriage, gave birth, and filed a complaint. He was convicted by the trial court under Sections 376 and 417 IPC and sentenced to seven years' rigorous imprisonment. The High Court …

STATE OF RAJASTHANversusGULAB SINGH AND ORS.

2008 INSC 798Case Allowed

The deceased, Jyoti, was found dead with her hands and face tied and twelve ante‑mortem injuries on her body. The trial court convicted the accused under Section 302 read with Section 34 of the Indian Penal Code (IPC) for murder. On appeal, the Rajasthan High Court altered the conviction to Section …

M/S. STEEL AUTHORITY OF INDIA LTD.versusSALES TAX OFFICER, ROURKELA-1 CIRCLE AND ORS.

2008 INSC 799Case Allowed

Mis. Steel Authority of India Ltd, a public sector undertaking engaged in manufacture and inter‑state sale of iron and steel, was assessed under the Central Sales Tax Act, 1956 for the year 2001‑02 with a demand of Rs 19.25 crore. The company appealed the assessment before the Assistant Commissioner …

ANITA DEVI AND ORS.versusSATYENDRA NARAIN SINGH AND ORS.

2008 INSC 800Case Allowed

The deceased, Pramod Kumar, died in a vehicular accident and his dependants filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal (MACT) awarded compensation based on a notional annual income of Rs.15,000, citing lack of concrete …

BACHAN SINGHversusUNION OF INDIA & ORS.

2008 INSC 801Dismissed

Bachan Singh, a Sepoy of the Indian Army, was tried by a General Court Martial (GCM) under the Army Act, 1950 for allegedly crossing the international border into Pakistan. The GCM found him guilty of an offence under Section 63, sentenced him to two years' imprisonment and dismissed him from …

DEEP CHANDRA JUNEJAversusSMT. LAJWANTI KATHURIA (DEAD) THROUGH LRS.

2008 INSC 802Dismissed

The appellant, Deep Chandra Juneja, occupied the ground floor of a house in Kanpur owned by Smt. Lajwanti Kathuria since 1972. The landlady filed a second release application under Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide …

FAQIR CHAND GULATIversusUPPAL AGENCIES PVT. LTD. & ANR.

2008 INSC 803Appeal(s) allowed

The appellant, a landowner, entered into a "collaboration agreement" with the builder to construct a residential building and share the constructed area. The builder allegedly deviated from the sanctioned plan, failed to obtain a completion certificate and C&D forms, and did not rectify defects, …

LAKHWINDER SINGHversusUNION OF INDIA & ORS.

2008 INSC 804Dismissed

Lt. General Lakhwinder Singh, an Indian Army officer, was recommended twice by Special Selection Boards for promotion to the rank of Lieutenant General. The Central Government, acting as the appointing authority, rejected the recommendations, deeming him "unfit" because his profile was the weakest …

ATMA LINGA REDDY AND ORS.versusUNION OF INDIA

2008 INSC 805Dismissed

The petitioners, residents of Andhra Pradesh, filed a public interest litigation under Article 32 seeking to restrain Karnataka and a private company from constructing a Mini Hydro Power Project at the Rajolibanda Diversion Scheme, alleging water deprivation for drinking and irrigation. The …

SATISH SITOLEversusSMT. GANGA

2008 INSC 806Disposed off

Satish Sitole and Smt. Ganga were married on 22 May 1992. The wife left the matrimonial home in August 1994 and the parties lived apart for 14 years, during which they filed multiple suits including a dowry complaint under IPC 498‑A and a petition for divorce under Sections 13(1)(ia) and (ib) of the …

NOOR AGAversusSTATE OF PUNJAB & ANR.

2008 INSC 785Case Allowed

The appellant, an Afghan national, was seized at Raja Sansi Airport with 22 packets of heroin and later arrested after a 15‑hour delay. He initially confessed to customs officials but later retracted, and was convicted under Sections 22 and 23 of the NDPS Act, a judgment affirmed by the High Court. …

K.D. SHARMAversusSTEEL AUTHORITY OF INDIA LTD. & ORS.

2008 INSC 786Dismissed

The Supreme Court examined a civil appeal challenging the award of a contract by Steel Authority of India Ltd. (SAIL) under its fifth tender notice and the subsequent handling of a fourth tender notice. The appellant alleged fraud and that SAIL had acted against natural justice, claiming a …

FCS SOFTWARE SOLUTIONS LTD.versusLA MEDICAL DEVICES LTD. & ORS.

2008 INSC 787Case Partly allowed

The appellant, FCS Software Solutions Ltd., won the highest bid of Rs 1.47 crore for the immovable and movable assets of the liquidated company but the Official Liquidator failed to hand over possession despite the appellant’s full payment. The Official Liquidator later claimed a higher offer of Rs …

TATA INDUSTRIES LTD. & ANR.versusGRASIM INDUSTRIES LTD.

2008 INSC 794Case Allowed

Tata Industries Ltd. and its subsidiary Apex Investments (Mauritius) sought appointment of arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996, alleging breach of a Shareholders Agreement with Grasim Industries Ltd. The dispute centred on termination notices alleging breach …

STATE OF MAHARASHTRAversusGAJANAN @ HEMANT JANARDHAN WANKHEDE

2008 INSC 788Case Allowed

The accused was convicted by the trial court for kidnapping (IPC ss.363, 366) and rape (IPC s.376) of a girl who was 14 years old at the time of the offence, based on school records showing her date of birth as 4‑6‑1976 and medical evidence confirming her age. The High Court set aside the …

PANFUL NESSAversusMD. MIRAJ ALI AND ORS.

2008 INSC 789Case Allowed

The Supreme Court reviewed a petition under Section 482 of the Code of Criminal Procedure filed by ten accused who had been declared absconders and against whom non‑bailable warrants were issued for a murder case. The Gauhati High Court, instead of merely examining the propriety of the warrants, …

GENOA SINGH AND ORS.versusSTATE OF U.P.

2008 INSC 790Case Partly allowed

The appellants, Genoa Singh and others, were convicted for the murder of the complainant's father and uncle after a dispute over a field boundary. They claimed the violence was in exercise of the right of private defence. The Supreme Court examined the scope of Sections 96‑106 of the IPC, the burden …

SEEMAversusASHWANI KUMAR

2008 INSC 791Hearing Adjourned

The Supreme Court, hearing Seema v. Ashwani Kumar (Transfer Petition No. 291 of 2005), examined the compliance of various States and Union Territories with its earlier directions to frame statutes mandating compulsory registration of marriages. The Court noted that some jurisdictions had enacted or …

SKYLINE CONTRACTORS PVT. LTD. & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 793Dismissed

Skyline Contractors and another applied for allotment of an 8,000 sq.m plot in NOIDA, paying an initial deposit of Rs.13.20 lakh. The allotment order required 25% of the premium within 60 days and the balance in ten half‑yearly instalments, with no extension unless expressly granted. The appellants …

STATE OF TAMIL NADU AND ANR.versusR. SASIKUMAR

2008 INSC 784Case Partly allowed

The respondent R. Sasikumar was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982. His mother filed a representation to the Chief Minister, copying the …

KAPILA HINGORANI & ANR.versusSTATE OF BIHAR & ANR.

2008 INSC 778Disposed off

The case arose from the division of the original State of Bihar into Bihar and Jharkhand under the Bihar Reorganisation Act, 2000, which created the Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) to take over the Bihar Hill Area Lift Irrigation Corporation (BHALCO). Employees of BHALCO …

HARYANA FINANCIAL CORPORATION & ANR.versusKAILASH CHANDRA AHUJA

2008 INSC 779Case Allowed

Kailash Chandra Ahuja, a technical officer of Haryana Financial Corporation, was dismissed after a disciplinary inquiry in which the Inquiry Officer’s report was not furnished to him before the disciplinary authority imposed the penalty. The High Court set aside the dismissal on the ground that …

TATA POWER COMPANY LIMITEDversusRELIANCE ENERGY LIMITED & ORS.

2008 INSC 781Appeal(s) allowed

The dispute arose when Reliance Energy (formerly BSES) alleged that Tata Power Company (TPC) was encroaching on its distribution area by supplying electricity directly to retail consumers, contrary to licence terms and government policy. The Maharashtra Electricity Regulatory Commission (MERC) …

ASLAM MOHD. MERCHANTversusCOMPETENT AUTHORITY & ORS.

2008 INSC 782Appeal(s) allowed

The Supreme Court examined the forfeiture proceedings initiated against the relatives of Iqbal Mohammed Memon (alias Iqbal Mirchi) under Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants challenged the validity of the show‑cause notices, contending that the …

KANTA DEVI & ORS.versusSTATE OF HARYANA & ANR.

2008 INSC 783Case Partly allowed

The State of Haryana acquired 265 kanals of land for a grain market and awarded compensation based on various rates. The High Court, relying on a single sale deed (Exhibit P‑6), enhanced compensation to Rs.2,88,000 per acre but deducted 70% as development charges, which the claimants challenged as …

M/S. BHARAT CARPETSversusDIRECTOR, ENFORCEMENT DIRECTORATE

2008 INSC 767Dismissed

M/s Bharat Carpets, a partnership firm, and its two partners were penalised for failing to repatriate export proceeds amounting to Rs.5,12,171 within the six‑month period prescribed under Section 18(2) of the Foreign Exchange Regulation Act, 1973. The firm contended that it had taken steps for …

RADHEversusSTATE OF CHHATTISGARH

2008 INSC 768Dismissed

The appellant, Radhe, was convicted under Section 302 IPC for the murder of Gyan Singh after he allegedly chopped both of the deceased's legs and inflicted other injuries during a quarrel. He appealed, claiming the acts were in private defence, arguing that he feared for his life and property. The …

STATE OF U.PversusBHAIYA LAL VERMA

2008 INSC 764Case Allowed

Bhaiya Lal Verma, an accountant in the District Agriculture Office, was caught accepting a bribe of Rs.150 after a trap was laid by the District Magistrate. Marked currency notes were recovered from him and he was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 …

M/S.ASIAN PEROXIDES LTD.versusCOMMNR. OF CENTRAL EXCISE, GUNTUR

2008 INSC 765Disposed off

M/s Asian Peroxides Ltd., an Export Oriented Unit, claimed exemption under Notification No.8/97‑CE for hydrogen peroxide manufactured in India and cleared to the domestic market. The issue was whether the items used in the manufacturing process were "raw materials" (eligible for exemption) or merely …

C.E.S.G: LIML1 TEDversusSANDHYA RANI BARIK AND ORS.

2008 INSC 769Disposed off

The case involved the acquisition of more than three bighas of land by CESC Ltd. under the West Bengal Land (Requisition and Acquisition) Act, 1948 for an electric sub‑station. The Collector initially awarded Rs.50,000 per cottah, which was later raised by the Land Acquisition Judge to about Rs.5 …

NEPAL SINGHversusUPENDER SINGH

2008 INSC 770Case Partly allowed

The respondent filed a claim petition under the Motor Vehicles Act, 1988 alleging injury in an accident involving a scooter bearing registration No. DL‑35‑7420. The Motor Accident Claims Tribunal awarded compensation and held the appellant liable, finding that his vehicle was the offending one. The …

G. RAMAversusT.G. SESHAGIRI RAO (D) BY LRS.

2008 INSC 771Dismissed

The suit property was a house jointly purchased in 1963 by T.G. Seshagiri Rao and his uncle T.K. Vasudeva Murthy. The uncle later relinquished his interest to Rao by a release deed in 1989, making Rao the absolute owner. After the death of her husband (Vasudeva Murthy's son), the appellant, G. Rama, …

BHAKRA BEAS MANAGEMENT BOARDversusKANTA AGGARWAL AND ORS.

2008 INSC 772Case Partly allowed

In 1994 a motor accident caused the death of K.C. Aggarwal, leaving his widow Kanta Aggarwal and three children as claimants under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claim Tribunal awarded them Rs 8.48 lakh with interest, while the widow was simultaneously given a …

KRISHI UTPADAN MANDI SAMITI, GHAZIABAD AND ANR.versusM/S. METAL CRAFT & ORS.

2008 INSC 766Dismissed

The appellant Krishi Utpadan Mandi Samiti, Ghaziabad claimed market fee under Section 17(iii)(b) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 on rice exported by the respondent partnership firm. The respondent argued that the rice was purchased from millers outside Uttar Pradesh and …

M/S. GOETZE (INDIA) LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2008 INSC 773Dismissed

M/s. Goetze (India) Ltd. was directed by the Employees' State Insurance Corporation (ESIC) to pay contributions on the efficiency bonus component for the period 1988-1994 under the Employees' State Insurance Act, 1948. After re‑verification, the employer paid the assessed amount in 1997 but ESIC …

BENNY THOMASversusFOOD INSPECTOR, KOCHI AND ANR.

2008 INSC 774Dismissed

The Food Inspector purchased a bottle of synthetic syrup (sarbath) from the shop of Benny Thomas and sent the sample for analysis, which showed it to be adulterated. Thomas was convicted under Section 16(1)(a)(i) read with Sections 7(1) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 …

MURUGANversusSTATE OF TAMIL NADU

2008 INSC 775Dismissed

The appellant Murugan, employed as an assistant in the ground‑floor shop of PW‑1, was observed by PW‑1 through a window strangling PW‑1’s wife, who later died. PW‑1 chased the accused, who fled and later was arrested; blood‑stained clothing of the accused was recovered. The trial court convicted …

NATRAJ CHINNAPPA NAIRversusSTATE OF MAHARASHTRA

2008 INSC 776Dismissed

The appellant, Natraj Chinnappa Nair, was brought to the police station by his mother after allegedly consuming poison and confessing to assaulting his wife in a fit of anger. The victim was found injured with incised wounds caused by a chopper and later died; the chopper and a blouse were recovered …

KUSUMA ANKAMA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 777Dismissed

Kusuma Ankama Rao was convicted for murdering Gottapu Adilakshmi after the prosecution presented circumstantial evidence that the accused and the deceased were last seen together and the body was found the next day. The accused also made an extra‑judicial confession before a Village Administrative …

M/S SHANKAR FINANCE AND INVESTMENTSversusSTATE OF ANDHRA PRADESH & ORS.

2008 INSC 763Case Allowed

The appellant, Mis Shankar Finance & Investments, a sole proprietary concern, filed a criminal complaint under section 138 of the Negotiable Instruments Act alleging a dishonoured cheque. The complaint was signed by the proprietor’s attorney‑in‑fact under a power of attorney, and the High Court held …

ROOP SINGH @ RUPAversusTHE STATE OF PUNJAB

2008 INSC 761Case Allowed

The appellant Roop Singh was convicted along with two others for the murder of Jarnail Singh under Sections 302, 34 and 449 of the IPC, based primarily on circumstantial evidence such as a left‑foot print, a fingerprint on a liquor bottle, an alleged extra‑judicial confession and an eyewitness …

HARI PRASAD CHHAPOLIA (DEAD)versusUNION OF INDIA

2008 INSC 762Disposed off

Hari Prasad Chhapolia was convicted under the Customs Act, 1962 and the Gold (Control) Act, 1968; the High Court set aside the Customs conviction but upheld the Gold conviction. He appealed to the Supreme Court under special leave, but died while the appeal was pending. His legal heirs filed an …

NATIONAL CAPITAL TERRITORY OF DELHI & ANR.versusUMESH KUMAR

2008 INSC 760Disposed off

Umesh Kumar, a Delhi police constable, was granted a licence for a .315 bore rifle which was cancelled under Section 17(3) of the Arms Act on the ground that he was involved in a criminal case (FIR No. 254/1991) for offences under IPC sections 302, 307, 34 and Arms Act sections 25, 27, 54. He was …

THE STATE OF WEST BENGAL AND OTHERSversusKAMAL SENGUPTA AND ANOTHER

2008 INSC 759Case Allowed

The State of West Bengal appealed against a West Bengal Administrative Tribunal order that granted higher pay scales to two officers, Kamal Sengupta and another, after a review application was allowed. The respondents contended that the Tribunal had no jurisdiction to review its own order on the …

SYED PEDA AOWLIAversusPUBLIC PROSECUTOR, HIGH COURT OF AP., HYDERABAD

2008 INSC 752Dismissed

Five persons were tried for murder under Section 302 read with Section 34 of the IPC. The trial court acquitted all, finding the prosecution’s case unproved. The State appealed under Section 378(1) and (3) of the CrPC. The Andhra Pradesh High Court upheld the acquittal of four accused but convicted …

MD. KALAMversusTHE STATE OF BIHAR

2008 INSC 753Case Partly allowed

The case arose from an FIR lodged by the mother of a six‑year‑old girl alleging that the appellant had taken the child to a secluded place and raped her on 25 November 1997. The trial court and the Patna High Court convicted the appellant under Section 376 read with Section 511 of the IPC and …

SHRI SHANKAR PRASAD GHOSH (DEAD)versusTHE STATE OF BIHAR & ANR.

2008 INSC 754Disposed off

Shankar Prasad Ghosh was convicted under several provisions of the IPC and the Prevention of Corruption Act, and his conviction was upheld by the High Court with altered sentences. He filed a special leave appeal before the Supreme Court, but died while the appeal was pending. Five years after his …

HEMCHAND JHAversusSTATE OF BIHAR

2008 INSC 755Dismissed

The appellant Hemchand Jha and two co‑accused approached a jeep at a petrol pump; Kripal Singh fired a pistol, killing Krishna Singh. Hemchand Jha was driving the motorcycle and was present at the scene but did not fire the weapon. He was convicted under Section 302 read with Section 34 of the IPC. …

HABIB IBRAHIMversusSTATE OF RAJASTHAN

2008 INSC 756Dismissed

Habib Ibrahim, a Pakistani national, was arrested for residing in India without a valid document. He possessed only a six‑month transit visa for Nepal and was found with a Pakistani passport but no permission to stay in India. He was charged under Section 3 read with Section 14 of the Foreigners …

NEHRU @ JAWAHARversusSTATE OF CHHATTISGARH

2008 INSC 757Dismissed

The appellant, Nehru @ Jawahar, was convicted under Section 376 of the Indian Penal Code for raping a girl who initially claimed to be 14 years old, later found to be about 16. The appellant argued that the prosecution case was inconsistent because the medical examination was recorded at 9:15 AM …

KATTA SURENDERAversusSTATE OF A.P.

2008 INSC 758Case Partly allowed

A dispute over a road between two villages escalated into violence, during which the accused A‑1 stabbed a villager (D‑1) who later died. The accused claimed he acted in private defence. The trial court convicted him under Section 302 IPC (murder) with life imprisonment; the High Court upheld this …

NEW INDIA ASSURANCE CO. LTDversusM/S HIRA LAL RAMESH CHAND & ORS.

2008 INSC 751Appeal(s) allowed

The complainants, exporters of rugs, insured multiple consignments shipped from India to the United States under "warehouse‑to‑warehouse" marine policies covering all risks. The buyer failed to pay and the original documents of title were not presented, leading the exporters to claim loss of the …

BAIJNATH JHAversusSITA RAM AND ANR.

2008 INSC 749Appeal(s) allowed

The Supreme Court examined an appeal by three officers who had participated in a raid on a electricity theft case, challenging the dismissal of their petition under Section 482 of the CrPC. After the raid, the accused filed a complaint alleging that the officers demanded illegal gratification, but …

PUNJAB STATE ELECTRICITY BOARD LTD.versusJAGDEV SINGH AND ORS.

2008 INSC 750Disposed off

The respondents, Jagdev Singh and others, filed a suit seeking promotion as Assistant Engineer (Electrical) after their juniors were promoted on 23 May 1991, claiming they had qualified earlier. The trial court dismissed the suit, but the First Appellate Court held the respondents were entitled to …

HARDEEP SINGH & ORS.versusSTATE OF HARYANA

2008 INSC 746Case Partly allowed

Four accused—Gurcharan Singh, Hardeep Singh, Harjinder Singh and Jaswinder Singh—attacked the deceased Amrik Singh with weapons, causing multiple injuries that led to his death. Gurcharan Singh exhorted the others; Hardeep and Harjinder delivered fatal blows to the head, while Jaswinder struck the …

MADHUMITA DAS AND ORS.versusSTATE OF ORISSA AND ORS.

2008 INSC 747Hearing Adjourned

The Supreme Court examined nine ad‑hoc Additional District Judges appointed to Fast Track Courts who challenged an Orissa High Court advertisement for 16 direct recruitment posts, arguing that the advertisement’s eligibility criteria (maximum age of 45 years and requirement of being a member of the …

K. SAGAR, M.D., KIRAN CHIT FUND MUSHEERABADversusA. BAL REDDY & ANR.

2008 INSC 748Case Partly allowed

The appellant, a chit fund, and the respondent, a prized subscriber, were involved in a dispute over unpaid amounts after the subscriber defaulted on payments. The subscriber approached the consumer dispute redressal machinery seeking a direction for the chit fund to pay a sum, leading to …

RESERVE BANK OF INDIAversusSAHARA INDIA FINANCIAL CORPORATION

2008 INSC 745Disposed off

The Reserve Bank of India (RBI) issued a show‑cause notice to Sahara India Financial Corp. Ltd. (Sahara) on 9 May 2008, restraining it from accepting deposits from existing and new depositors, and passed an order on 4 June 2008 effecting the restraint. Sahara filed a writ petition before the …

STATE OF KERA LAversusB.RENJITH KUMAR & ORS.

2008 INSC 743Dismissed

The respondents, who were Presiding Officers of Kerala's Industrial Tribunals, had historically received pay scales equal to District Judges. After the 1998 Shetty Commission revised the pay of District Judges, the state granted the revised scales only to District Judges and not to the Tribunal …

MAGHENDRA PAL TYAGIversusJAYANT DAVAR AND ORS.

2008 INSC 744Dismissed

The appellant, Maghendra Pal Tyagi, claimed loss of 200 shares of Hero Honda Company and obtained duplicate share certificates by misrepresenting that the originals were lost. He transferred these duplicate shares to the first respondent, Jayant Davar, who later sought recovery of the purchase …

YUNUS ALI (DEAD) THROUGH HIS L.RS.versusKHURSHEED AKRAM

2008 INSC 742Appeal(s) allowed

The appellant, the legal representatives of the deceased landlord Yunus Ali, sued tenant Khursheed Akram for arrears of rent and sought a provisional rent determination under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. Both the trial court and the first appellate …

BIKOBA DEORA GAIKWAD & ORS.versusHIRABAI MARUTIRAO GHORGARE

2008 INSC 734Dismissed

The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to …

SWAMI SHANKARANANDversusMAHANT SRI SADGURU SARNANAND ETC. & ORS

2008 INSC 735Dismissed

The case concerned an application under Section 92(1)(f) of the Code of Civil Procedure for sanction to sell a piece of land belonging to a religious public trust (Garhwaghat Math). The District Judge granted the sanction, after which Swami Shankaranand, a disciple and in‑charge of another Math, …

SUBHA B. NAIR & ORS.versusSTATE OF KERALA & ORS.

2008 INSC 736Dismissed

The appellants sought to compel a cooperative bank in Kerala to fill seven additional clerk/cashier vacancies, arguing that the Registrar's approval was not required and that the bank's financial health should not affect cadre strength. The High Court had directed the bank to fill the vacancies, but …

VIMAL CHADHAversusVIKAS CHOUDHARY AND ANOTHER

2008 INSC 737Appeal(s) allowed

The case involved the kidnapping, ransom demands and subsequent murder of Parkash Chadha. Respondent No.1, Vikas Choudhary, initially did not claim to be a juvenile but later applied for transfer to the Juvenile Justice Board, producing a school leaving certificate. The trial court relied on a …

DILBAGH SINGHversusSTATE OF PUNJAB

2008 INSC 738Dismissed

The appellant, Dilbagh Singh, was convicted for the murder of his brother's sibling, Jagmail Singh, who was shot dead on 9 May 1992 during a dispute over extremist activities. The prosecution proved that Dilbagh Singh, along with Jasbir Singh and an unknown accomplice, opened fire with …

M. SARAVANA PORSELVIversusA.R. CHANDRASHEKAR @ PARTHIBAN & ORS.

2008 INSC 739Dismissed

The wife and husband entered into a registered customary divorce agreement in 1996, with the wife receiving permanent alimony. The husband remarried in 1998, and ten years later the wife filed a complaint alleging cruelty under Section 498A IPC and bigamy under Section 494 IPC, leading to an FIR. …

DR. MONICA KUMAR & ANR.versusSTATE OF U. P. & ORS.

2008 INSC 740Disposed off

Dr. Monica Kumar and her brother filed petitions under s.482 CrPC to quash two criminal cases filed against them while they were MBBS students, alleging that the complaints were motivated by the vindictive actions of the college chairman, Dr. P. Mahalingam, after a loan dispute. The High Court …

KHODAY DISTILLERIES LIMITEDversusTHE SCOTCH WHISKY ASSOCIATION AND OTHERS

2008 INSC 741Appeal(s) allowed

Khoday Distilleries Ltd (now Khoday India Ltd) manufactured whisky under the mark 'Peter Scot' and obtained registration in 1968. The Scotch Whisky Association and two respondents learned of the registration in 1974 but only filed an application for rectification in 1986, alleging that the mark was …

BHUPENDRA STEEL (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2008 INSC 695Dismissed

Bhupendra Steel (P) Ltd, a manufacturer of steel bars, rods and ingots, claimed exemption from central excise duty under Notification No.208/83-CE as amended by Notifications 90/88-CE and 202/88-CE, asserting that its inputs were "pieces roughly shaped" as defined in tariff heading 72.08. The …

LATU MAHTO & ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)

2008 INSC 696Appeal(s) allowed

The State prosecuted eleven accused, including Latu Mahto, for the murder of Budhu Mahto and related assaults, alleging they formed an unlawful assembly under Section 149 IPC. The trial court convicted all accused under Sections 302/149 IPC and sentenced them to life imprisonment. On appeal, the …

VENKATESANversusSTATE OF TAMIL NADU

2008 INSC 688Appeal(s) allowed

The appellant A2 was convicted under Section 302 IPC for the murder of Rajendran based largely on the testimony of witnesses who claimed to have seen the deceased with the accused on a Tuesday, without specifying the exact date. The trial court and the Madras High Court upheld the conviction despite …

MOHAN ANNA CHAVANversusSTATE OF MAHARASHTRA

2008 INSC 689Dismissed

Mohan Anna Chavan was convicted of kidnapping, raping and murdering two minor girls aged five and ten. The prosecution relied on a chain of circumstantial evidence, including the victims' last seen with the accused, his extra‑judicial confession, forensic matches of blood on his clothes and nail …

SUDHIR S. MEHTA & ORS.versusCUSTODIAN & ANR.

2008 INSC 698Dismissed

The appellants, relatives of the late Harshad S. Mehta, challenged a Special Court order directing the Custodian to sell shares attached to them under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. They argued that the sale procedure was flawed – the shares …

JANATHA TEXTILES & ORS.versusTAX RECOVERY OFFICER & ANR.

2008 INSC 699Dismissed

Janatha Textiles, a partnership firm with four partners, was in arrears of income‑tax for several assessment years. The tax department attached agricultural land owned by the partners and sold it by public auction on 5 August 1996 under the procedures of the Second Schedule of the Income Tax Act, …

N.R. MONversusMD. NASIMUDDIN

2008 INSC 700Appeal(s) allowed

The respondent, a truck driver, was intercepted with 163 kg of ganja and arrested under the NDPS Act. He was released on bail by a Special Judge and the High Court upheld the bail, despite the bail application being filed under Section 437 of the CrPC and Section 37(b)(ii) of the NDPS Act. The …

STATE OF KARNATAKAversusCHIKKAHOTTAPPA @ VARADE GOWDA & ORS.

2008 INSC 690Appeal(s) allowed

The State of Karnataka appealed against a Karnataka High Court judgment that had acquitted one accused (A4) and altered the murder convictions of seven others to grievous‑hurt convictions under S.326 r/w S.149 IPC. The facts involved eight persons, members of an unlawful assembly, who assaulted the …

M/S CABLE CORPORATION OF INDIA LTD.versusADDITIONAL COMMISSIONER OF LABOUR AND ORS.

2008 INSC 702Appeal(s) allowed

Mis Cable Corporation of India Ltd applied to retrench 280 workmen under s.25‑N(2) of the Industrial Disputes Act, 1947. The Specified Authority allowed retrenchment of 276 workers but rejected the unions' applications under s.25‑N(6) for review or reference. The Bombay High Court, however, directed …

PARESH P. RAJDAversusSTATE OF MAHARASHTRA & ANR.

2008 INSC 703Dismissed

Tata Finance Ltd filed a complaint under Section 138 of the Negotiable Instruments Act alleging that two cheques issued by a company were dishonoured. Notice was served on the company, its Chairman (Paresh P. Rajda) and a director. The Chairman moved an application under Section 395 CrPC to quash …

A.P.S.R.T.C.& ANR.versusK. HEMALATHA & ORS.

2008 INSC 704Appeal(s) allowed

The case concerned a road accident on 19 March 1998 in which a motorcyclist (the deceased) and an injured claimant were allegedly struck by a bus of the Andhra Pradesh State Road Transport Corporation (APSRTC). Claimants filed compensation claims under Section 173 of the Motor Vehicles Act, 1988, …

MALLAVARAPU KASIVISWESWARA RAOversusTHADIKONDA RAMULU FIRM AND ORS.

2008 INSC 705Appeal(s) allowed

The appellant, who had lent money to the respondent firm, sued for recovery of amounts due under two promissory notes executed by the managing partner of the firm. The trial court decreed the suit in part, granting relief for one note but refusing relief for the second on the ground that it was not …

G.M. ONGC, SHILCHARversusONGC CONTRACTUAL WORKERS UNION

2008 INSC 706Dismissed

The Oil and Natural Gas Commission (ONGC) engaged a large number of workers through contractors for its drilling operations in Cachar. The ONGC Contractual Workers Union sought regularisation of these workers' services, leading the State Government to refer the dispute to an Industrial Tribunal. The …

D.KRISHNAN & ANR.versusSPECIAL OFFICER, VELLORE CO-OPERATIVE SUGAR MILL & ANR.

2008 INSC 707Dismissed

The appellants, who were managers of a canteen in a sugar mill, claimed overtime wages and filed an application under Section 33C(2) of the Industrial Disputes Act, 1947. The Labour Court allowed the claim on the basis of punch‑card records, but the High Court set aside the award, holding that …

V.R. DALAL & ORS.versusYOUGENDRA NARANJI THAKKAR & ANR.

2008 INSC 697Appeal(s) allowed

The respondent, a partner of a dissolved firm, filed a criminal complaint alleging that the appellants, partners of another firm, conspired to deprive him of his share by cancelling the partnership deed without following proper dissolution procedures, invoking sections 405 and 420 of the Indian …

SUDARSHA AVASTHIversusSHIV PAL SINGH

2008 INSC 701Dismissed

The appellant, Sudarsha Avasthi, filed Election Petition No. 3 of 2002 challenging the election of Shiv Pal Singh to the Uttar Pradesh Legislative Council on alleged corrupt practices, including bribery to his brother and other candidates and undue influence on the Assistant Returning Officer. The …

BHANWAR SINGH & ORS.versusSTATE OF M.P.

2008 INSC 694Case Partly allowed

The case involved an armed clash between two village groups in Kantharia, Madhya Pradesh, where Prem Singh was killed and several others injured. The trial court convicted eighteen accused under Sections 302, 149, 147, 148, 307, 323 and 324 IPC, but the High Court altered some findings, especially …

M/S ENTERTAINMENT NETWORK (INDIA) LTD.versusM/S SUPER CASSETTE INDUSTRIES LTD.

2008 INSC 708Appeal(s) allowed

The Supreme Court examined a dispute between Entertainment Network (India) Ltd. (Radio Mirchi) and Super Cassettes Industries Ltd. over the broadcast of copyrighted sound recordings. The appellant sought a compulsory licence under Section 31(1)(b) of the Copyright Act, 1957, after the Copyright …

ILLA ROY CHOWDHURYversusSHYAMALI DAS AND ORS.

2008 INSC 709Appeal(s) allowed

The case concerned a property acquired under the Land Acquisition Act, 1894. The First Respondent, Shyamali Das, sought to be impleaded as a party in a reference petition under Sections 30 and 31 of the Act, but the Supreme Court had earlier found that no such application had been filed. The …

COMMISSIONER OF CUSTOMS, (PREV.) GUJARATversusM/S RELIANCE PETROLEUM LTD.

2008 INSC 710Dismissed

The Commissioner of Customs appealed against Reliance Petroleum Ltd. for denying a concessional duty exemption on a second‑hand heavy‑duty crane imported in dismantled condition together with a self‑propelled modular transport (SPMT) system for use in erecting a crude petroleum refinery. The …

TATA MOTORS LTD.versusPHARMACEUTICAL PRODUCTS OF INDIA LTD. & ANR.

2008 INSC 692Appeal(s) allowed

Tata Motors Ltd., an unsecured creditor, challenged a scheme of arrangement approved by the Bombay High Court under Section 391 of the Companies Act, 1956, which sought to settle debts of Pharmaceutical Products of India Ltd. (the sick company) while the matter was pending before the Board for …

RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS

2008 INSC 711Dismissed

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family …

BANK OF INDIAversusKETAN PAREKH & ORS.

2008 INSC 712Dismissed

Bank of India appealed against a decision that the Debts Recovery Tribunal lacked jurisdiction over the property of Ketan Parekh, who had been declared a notified person under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. Parekh's movable and immovable …

ORIENTAL INSURANCE CO. LTD.versusSUDHAKARAN K.V. & ORS.

2008 INSC 713Appeal(s) allowed

The case concerned a claim for compensation under Section 147 of the Motor Vehicles Act, 1988 for the death of a pillion rider who fell from a scooter. The Motor Accident Claims Tribunal and the Kerala High Court held that the insurer, Oriental Insurance Co. Ltd., was liable because the vehicle was …

FAQRUDDIN (DEAD) THROUGH L.RS.versusTAJUDDIN (DEAD) THROUGH L.RS.

2008 INSC 714Appeal(s) allowed

The case concerned a dispute over the succession to the offices of Sajjadanashin (spiritual head) and Mutawalli (manager of secular property) of a Dargah originally granted by the ruler of Jaipur. The plaintiff, Faqruddin (deceased), claimed that he became the rightful Sajjadanashin and Mutawalli …