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Judgments of 2009

1317 judgments · newest first · showing 1–200

PRITHIPAL SINGHversusSATPAL SINGH (D) THROUGH LRS.

2009 INSC 1321Appeal(s) allowed

The landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The tenant applied for leave to contest the eviction after an eight‑day delay, which the Additional Rent Controller rejected, leading to an eviction order. The tenant later sought to set aside that …

G. SURYAKUMARI & ANR.versusB. CHANDRAMOULI & ORS.

2009 INSC 1322Dismissed

The plaintiffs, G. Suryakumari and others, sued B. Chandramouli and others for a perpetual injunction to prevent interference with their possession of a 1,200‑sq‑yard plot purchased from Gramodyog Cooperative Housing Society. The defendants claimed ownership of a 382‑sq‑yard portion of the same …

DWARIKA PRASADversusRAMESHWAR DAYAL KHANDELWAL AND ORS.

2009 INSC 1316Dismissed

Respondent No.1 filed a suit (Suit No. 35‑A of 2006) to declare a sale deed invalid and to obtain an injunction. The appellant first moved the trial court under Order 7 Rule 11 CPC to have the plaint dismissed for lack of cause of action; the application was rejected. After the Supreme Court stayed …

DWARIKA PRASADversusNIRMALA AND ORS.

2009 INSC 1317Dismissed

The father of the respondent filed a partition suit in 1955 which was decreed, but after a series of appeals the suit was dismissed as withdrawn through applications that were later alleged to be forged. After the father's death, the daughter, as his legal representative, sought restoration of the …

BHUWALKA STEEL INDUS. LTD.versusBOMBAY IRON & STEEL LABOUR BO. & ANR.

2009 INSC 1318Dismissed

The Supreme Court examined the meaning of "unprotected worker" under Section 2(11) of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The petitioners argued that the term should be limited to casual workers not covered by other labour …

SHEETALA PRASAD AND ORS.versusSRI KANT AND ANR.

2009 INSC 1319Appeal(s) allowed

The appellants were acquitted of an offence under Section 308 IPC by the Sessions Court, which instead convicted them under Section 324 r/w 149 IPC and released them on probation. The private complainant filed a criminal revision under Section 401(3) CrPC, and the High Court set aside the acquittal, …

ASHOK KUMARversusVED PRAKASH & ORS.

2009 INSC 1320Dismissed

The landlord, Om Prakash, let a shop to the tenant Ashok Kumar in 1982 and later sought eviction on the ground of a bona‑fide requirement for his son. The Rent Controller, the appellate authority and the Punjab‑Haryana High Court ordered eviction of the tenant from the non‑residential premises under …

JAI PRAKASHversusNATIONAL INSURANCE CO. LTD. & ORS.

2009 INSC 1315Hearing Adjourned

The Supreme Court, hearing Special Leave Petitions filed by Jai Prakash against National Insurance Co. Ltd. and others, examined systemic problems in motor accident compensation, including victims of hit‑and‑run, uninsured vehicles and gratuitous passengers, the use of goods vehicles for passenger …

DIRECTOR, C.B.I. & ANR.versusD.P. SINGH

2009 INSC 1312Appeal(s) allowed

D.P. Singh, a Uttar Pradesh Police Sub‑Inspector, was deputed to the CBI in 1966 and later appointed to higher posts on deputation quota, including an ad‑hoc appointment as Deputy Superintendent of Police (Dy.SP) in 1977. He was formally absorbed into the CBI as Dy.SP on 29 June 1987 after a UPSC …

BHAG SINGHversusJASKIRAT SINGH & ORS.

2009 INSC 1313Case Partly allowed

Natha Singh executed two wills, one in 1979 bequeathing his Punjab house to his son Shag Singh and another in 1986 bequeathing his Haryana house to his second son Jaskirat Singh. After Natha Singh's death, Jaskirat filed a suit for possession of the Haryana house, while Shag Singh's brothers filed a …

HDFC BANK LTD.versusJ.J. MANNAN @ J.M. JOHN PAUL & ANR.

2009 INSC 1314Case Partly allowed

The HDFC Bank alleged that its Managing Director, J.J. Mannan, defrauded the bank of Rs.2.04 crore by obtaining a loan through fictitious transactions and colluding with other firms. An FIR was filed and the accused applied for anticipatory bail under Section 438 of the CrPC, which the Madras High …

RAVINDRA SAXENAversusSTATE OF RAJASTHAN

2009 INSC 1304Appeal(s) allowed

The appellant, a property dealer, was charged in FIR No.107/2007 for cheating, forgery and criminal conspiracy arising from a dispute over the sale of flats. He repeatedly applied for anticipatory bail, but the Rajasthan High Court rejected each application on the ground that a challan had been …

SHARDAversusSTATE OF RAJASTHAN

2009 INSC 1305Appeal(s) allowed

The deceased Sarla suffered severe burns on 16 August 1999 and died on 19 August 1999. Three dying declarations were recorded: the first two (Ex D‑3 and Ex P‑3) were taken on the day of the incident by police in the presence of doctors, wherein she stated the fire was accidental and no one was …

HARYANA FINANCIAL CORPORATION & ANR.versusRAJESH GUPTA

2009 INSC 1306Dismissed

The Haryana Financial Corporation (HFC) advertised an auction of a defaulting unit’s land and accepted a Rs.2.5 lakh earnest deposit from Rajesh Gupta, the highest bidder. Gupta discovered that the plot lacked an independent access road and repeatedly requested clarification and plans, but HFC …

NELAPATLA RAMAIAH & ORS .versusKAMATAM BIKSHAMAIAH & ORS.

2009 INSC 1307Dismissed

The original landowner sold agricultural land in 1961‑62 and handed over possession to the purchasers. The land changed hands several times through further agreements for sale in 1968 and 1969, eventually reaching the present defendants. The original owner filed suit for injunction, declaration of …

JASWANT KAUR & ANR.versusSUBHASH PALIWAL & ORS.

2009 INSC 1308Dismissed

The petitioners, tenants of a shop room, challenged an eviction suit filed by Subhash and Gopal Paliwal, claiming that a will executed by the deceased owner bequeathed the premises to Gopal, rendering Subhash not a landlord. The tenants admitted in their written statement that the Paliwals were …

NARENDRA KANTEversusANURADHA KANTE & ORS.

2009 INSC 1309Dismissed

Narendra Kante filed a suit seeking declaration, permanent and mandatory injunctions concerning a property he claimed as ancestral, alleging that no valid partition had been effected and that a deed of family settlement dated 8 February 1967, which was not signed by all co‑sharers, could not be …

LAXMI KANT BAJPAIversusHAZI YAQOOB & ORS.

2009 INSC 1310Dismissed

The appellant, Laxmi Kant Bajpai, challenged the election of Hazi Yaqoob to the Uttar Pradesh Legislative Assembly on the ground that votes from 21 localities, allegedly outside the delimitation order, were improperly included in the electoral roll, violating Sections 100(1)(d)(iii) and (iv) of the …

UNION OF INDIA & ORS.versusDIPAK MALI

2009 INSC 1311Dismissed

Dipak Mali, a civilian motor driver, was suspended on 10 August 2002. Sub‑rules (6) and (7) were inserted into Rule 10 of the Central Civil Services (CCA) Rules, 1965 by a 2003 notification, effective 2 June 2004, mandating that a suspension be reviewed within ninety days or be extended after such …

MARUTHI JAIWANT NAKADIversusEKNATH G NAVAREKAR (DEAD) BY L.RS. & ORS.

2009 INSC 1301Dismissed

The tenant, Maruthi Jaiwant Nakadi, filed a Form No. 7 application under the Karnataka Land Reforms Act, 1961 seeking occupancy rights over 11 acres 17 guntas, claiming he had cultivated the land for years and paid rent in kind. The landlords, represented by the heirs of the deceased Eknath G. …

SURESH KUMAR BANSALversusKRISHNA BANSAL AND ANR.

2009 INSC 1302Appeal(s) allowed

Mohanlal Bansal, the plaintiff in an eviction suit, died during the pendency of the case. His widow applied for substitution as his legal representative, while his brother (the appellant) sought substitution on the basis of a Will allegedly executed by the deceased. The trial court allowed the widow …

R. KOLANDAIVELU & ORS .versusTHE GOVT. OF TAMIL NADU & ANR.

2009 INSC 1299Dismissed

The appellants owned land that was acquired by the Government of Tamil Nadu under the Land Acquisition Act, 1894. A notification (Sec. 4) was issued on 24‑12‑1986 and a declaration (Sec. 6) on 23‑12‑1987. The appellants filed writ petitions in 1988 challenging the acquisition; the High Court granted …

BHARAT SANCHAR NIGAM LTD. AND ANR.versusDHANURDHAR CHAMPATIRAY

2009 INSC 1300Case Partly allowed

Bharat Sanchar Nigam Ltd. entered into a construction contract containing an arbitration clause that named the Chief Engineer or, in his absence, the Administrative Head as the sole arbitrator. The respondent repeatedly requested the Chief Engineer to appoint an arbitrator, but the appellant failed …

DILIP PREMNARAYAN TIWARI AND ANR.versusSTATE OF MAHARASHTRA

2009 INSC 1295Dismissed

The appellants Dilip Premnarayan Tiwari, Manoj Paswan and Sunil Ramashray Yadav were convicted for the brutal murder of three persons and the grievous injury of others during an attack motivated by opposition to an inter‑caste marriage. The prosecution relied mainly on the testimony of two injured …

K.K. KANNAN (D) BY LRS.versusKOOLIVATHUKKAL KARIKKAN MANDI & ORS.

2009 INSC 1296Appeal(s) allowed

The appellants, K.K. Kannan and others, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court of Kerala's reversal of concurrent lower‑court decisions. The High Court had merely listed the grounds in the memorandum of appeal as "substantial …

RAMRAJ @ NANHOO @ BIHNUversusSTATE OF CHHATIISGARH

2009 INSC 1297Dismissed

Ramraj, convicted under IPC sections 302 and 201 for murdering his wife, was sentenced to life imprisonment. The High Court upheld the conviction, and the petitioner sought release after serving 14 years, arguing that remission had effectively reduced his term to about 17 years. The Supreme Court …

MRS. SHILPA AGGARWALversusMR. AVIRAL MITIAL & ANR.

2009 INSC 1292Hearing Adjourned

The case involved a three‑year‑old girl, a British citizen by birth, whose parents, both Indian nationals, were permanent residents of the United Kingdom. After marital discord, the mother took the child to India, while the father obtained an ex‑parte order from the High Court of Justice, Family …

NAND KISHORE OJHAversusANJANI KUMAR SINGH

2009 INSC 1293Hearing Adjourned

The Supreme Court examined a contempt petition filed by Nano Kishore Ojha against the State of Bihar for failing to honour undertakings given on 18 January 2006 and 7 February 2007 to appoint all trained primary‑school teachers to vacant posts. Earlier High Court and Supreme Court orders (1996, …

UNION OF INDIA & ORS.versusM. K. SARKAR

2009 INSC 1288Appeal(s) allowed

M.K. Sarkar, a railway employee who retired in 1976, did not exercise the option to shift from the Contributory Provident Fund (CPF) to the pension scheme before the statutory deadline of 31 December 1978. After receiving his CPF lump‑sum, he filed a representation in 1998 seeking to switch to the …

STATE OF RAJASTHAN & ORS.versusM/S. DEV GANGA ENTERPRISES

2009 INSC 1289Appeal(s) allowed

The State of Rajasthan entered into an Excess Royalty Collection Contract with the respondents, requiring an annual fixed payment in instalments. The respondents delayed some instalments, prompting the State to demand interest at 12% per annum. The respondents contended that Rule 61 of the Rajasthan …

UNION OF INDIA AND ORS.versusV.D. DUBEY (DEAD) BY LRS.

2009 INSC 1290Dismissed

The Supreme Court examined whether Rule 2423-A of the Indian Railway Establishment Code, as amended, which permits adding certain years of service to the qualifying service for superannuation pension, is available to railway officers who retired after 31 March 1960 irrespective of whether their …

M/S. MADNANI CONSTRUCTION CORPORATION (P) LTDversusUNION OF INDIA & OTHERS

2009 INSC 1286Appeal(s) allowed

Madnani Construction Corporation entered into a contract with the North Eastern Railway for bridge work. Disputes arose over alleged manipulations in measurement books, leading the contractor to seek arbitration. The arbitrator, after examining the level book, graph sheets and log books, found that …

KAMAL NAYAN MISHRAversusSTATE OF M.P. & ORS.

2009 INSC 1287Appeal(s) allowed

The appellant, a confirmed peon appointed in 1980, was dismissed in 2002 for allegedly providing false information in a 1994 attestation form concerning arrests and pending cases. The High Court upheld the dismissal, relying on the decision in Kendriya Vidyalaya Sangathan v. Ram Ratan Yadav, which …

STATE OF U.P.versusRAM SAJIVAN & ORS.

2009 INSC 1283Disposed off

The State of Uttar Pradesh prosecuted eighteen accused Thakurs for dacoity, abduction, and the murder of seven Harijan victims, of whom only two bodies were recovered and one survivor gave a dying declaration. The trial court convicted all accused under IPC ss.302, 149, 364 and 201, sentencing them …

SHABANA BANOversusIMRAN KHAN

2009 INSC 1284Appeal(s) allowed

Shabana Bano, a Muslim woman, filed a petition under Section 125 of the Criminal Procedure Code for maintenance against her husband, Imran Khan, after being divorced and left with a newborn child. The husband contended that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, she was …

SUNILversusSTATE OF HARYANA

2009 INSC 1285Appeal(s) allowed

The appellant Sunil was convicted under IPC sections 363, 366A and 376 for kidnapping and raping a girl named Pinki. The central issue was whether Pinki was a minor at the time of the offence. The prosecution relied on a school leaving certificate and the father's approximate statement of age, while …

DALIP SINGHversusSTATE OF U.P. & ORS.

2009 INSC 1277Dismissed

The appellant, Dalip Singh, sought to set aside an ex‑parte order that declared 18.22 acres of his late father Praveen Singh's land surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder had been served a notice in 1975 but failed to object; an ex‑parte …

BHAGWATI PRASADversusSTATE OF M.P.

2009 INSC 1276Dismissed

The incident occurred on 18 February 1984 when the appellant Bhagwati Prasad and other accused, armed with a spear and lathis, obstructed the complainants from opening an irrigation canal. When the deceased Ramgopal intervened, the appellant allegedly struck him on the back with a spear, causing …

M/S. RAVINDRA KUMAR GUPTA & COMPANYversusUNION OF INDIA

2009 INSC 1278Appeal(s) allowed

The contractor, Ravindra Kumar Gupta & Co., completed civil works for the Union of India and later claimed losses due to delays and hold‑ups. An arbitrator under the Arbitration Act, 1940 examined the evidence and awarded relief, finding that the Union was at fault for delayed payments and other …

M/S. REETU MARBLESversusPRABHAKANT SHUKLA

2009 INSC 1279Appeal(s) allowed

The respondent, an accountant employed by M/s Reetu Marbles, was terminated on 11 June 1987. The Labour Court held the termination illegal, ordered reinstatement but denied any back wages, noting the respondent failed to prove he was unemployed during the 15‑year gap before the award. The Allahabad …

PRIYANKA ESTATES INTERNATIONAL P. LTD. & ORS.versusSTATE OF ASSAM & ORS.

2009 INSC 1281Dismissed

The Supreme Court examined whether Priyanka Estates International Ltd. and its directors could lawfully construct six to eight floors in a building for which only a five‑and‑a‑half‑floor plan had been sanctioned by the Guwahati Municipal Corporation (GMC). The Court held that the Standing Appellate …

M/S. JULIEN EDUCATIONAL TRUSTversusSOURENDRA KUMAR ROY & ORS.

2009 INSC 1270Appeal(s) allowed

Julien Educational Trust, which runs a school, sought to purchase adjacent land owned by eight co‑sharers for expansion. An oral agreement was reached, draft deeds were prepared and approved by most sellers, but execution was delayed and the sellers later attempted to sell the land to third parties. …

NEELAM BAHAL & ANR.versusSTATE OF UTTARAKHAND

2009 INSC 1271Disposed off

The dispute arose when a servant, Shanichar, left Satish Chandra's tea shop over wage issues and joined Rakesh Bahal. This led to a heated altercation during which Rakesh Bahal, armed with a knife, inflicted injuries on Satish Chandra. Rakesh, his mother Raj Bahal and sister Neelam Bahal were …

STATE OF U.P. AND ORS.versusCOMMITTEE OF MANAGEMENT, M.T.S. VIDYA MANDIR AND ORS.

2009 INSC 1272Dismissed

The State of Uttar Pradesh issued a 2006 notification to bring 1,000 unaided A‑class Junior High Schools (classes 6‑8) into a grant‑in‑aid scheme, but conditioned eligibility on the schools not offering education below or above those classes. Several institutions that had been recognized as Junior …

PAZHASSI RAJA CHARITABLE TRUST & ANR.versusUNION OF INDIA & ANR.

2009 INSC 1273Dismissed

The Pazhassi Raja Charitable Trust sought to have its Malayalam film "Pazhassi Raja" screened as a special entry at the International Film Festival of India 2009, but the Feature Film Jury rejected it. The Trust filed multiple writ petitions in the Delhi High Court, which denied interim relief, …

K.M. IBRAHIMversusK.P. MOHAMMED AND ANR.

2009 INSC 1274Appeal(s) allowed

The appellant issued a cheque of Rs.95,000 to discharge a lawful debt, which was later dishonoured for insufficient funds. He was convicted under Section 138 of the Negotiable Instruments Act and sentenced, with the conviction affirmed by the High Court. The parties subsequently settled their …

KASHI MATH SAMSTHAN & ANR.versusSHIMAO SUDHINDRA THIRTHA SWAMY & ANR.

2009 INSC 1275Dismissed

The Kashi Math Samsthan and its successor appellant filed a suit seeking a declaration that the appellant was the 21st Mathadhipathi and an injunction restraining the incumbent Mathadhipathi from exercising his powers. The trial court granted a temporary status‑quo injunction during the suit, but …

DR. GULSHAN PRAKASH & ORS.versusSTATE OF HARYANA & ORS.

2009 INSC 1268Disposed off

The petitioners challenged the prospectus of Maharshi Dayanand University for MD/MS/PG courses, alleging that the absence of reservation for Scheduled Caste and Scheduled Tribe candidates violated Article 15(4) of the Constitution. The High Court dismissed the writ petition and the appellants …

INCOME TAX OFFICER, UDAIPURversusM/S. ARIHANT TILES AND MARBLES (P) LTD.

2009 INSC 1269Dismissed

The Income Tax Officer appealed against the deduction claimed by Arihant Tiles & Marbles (P) Ltd. under Section 801A of the Income Tax Act, 1961 for the assessment year 2001‑2002. The assessee converted raw marble blocks into polished slabs and tiles through a series of processes – sorting, sawing, …

PUNJAB FINANCIAL CORPORATIONversusM/S. SURYA AUTO INDUSTRIES

2009 INSC 1265Appeal(s) allowed

Punjab Financial Corporation (PFC) had granted a term loan of Rs 24.25 lakh to M/s Surya Auto Industries, secured by mortgage of immovable property. The borrower defaulted, paying only Rs 2.70 lakh, ignored several statutory notices and refused concessions offered by PFC. PFC invoked Section 29 of …

WAHID KHANversusSTATE OF MADHYA PRADESH

2009 INSC 1266Dismissed

The appellant, Wahid Khan, was convicted under Section 376 of the IPC for raping a 12‑year‑old girl, while being acquitted of Section 366. The prosecution relied on the consistent testimony of the victim, an FIR lodged immediately after the incident, and the eyewitness account of a police …

SUKHDEEP SINGH @ DEEP SINGHversusSTATE OF UTTAR PRADESH & ANR.

2009 INSC 1267Dismissed

The appellant Sukhdeep Singh was charged with murder under IPC s.302 for allegedly firing at his rival, Karam Singh, resulting in death. The trial court acquitted him, holding that the eyewitness testimony conflicted with the medical report and that the recovered .303 cartridge could not have been …

RAJENDRA AGRICULTURAL UNIVERSITYversusASHOK KUMAR PRASAD AND ORS.

2009 INSC 1263Appeal(s) allowed

The Rajendra Agricultural University framed a statute for a time‑bound promotion scheme for its teachers, which the Chancellor assented to under Section 36(2) of the Bihar Agricultural Universities Act, 1987, but the statute was never published in the Official Gazette. The Chancellor later withdrew …

CONTROLLER OF ESTATE DUTY, KERALAversusNALINI V. SARAF

2009 INSC 1260Dismissed

V.G. Saraf, a 50% partner in Saraf Trading Corporation, a tea‑exporting partnership, died in 1984. The Controller of Estate Duty sought to value the firm's goodwill for estate duty using the super‑profit method with a three‑year purchase multiplier, while the respondent argued this was excessive. …

COMMISSIONER OF INCOME TAXversusM/S. ALOM EXTRUSIONS LIMITED

2009 INSC 1261Disposed off

The case concerned whether employers could claim a deduction under Section 43‑B of the Income Tax Act, 1961 for contributions to provident or welfare funds that were paid after the statutory due date but before filing the income‑tax return. The Finance Act, 2003 deleted the second proviso of Section …

ATUL MANUBHAI PAREKHversusCENTRAL BUREAU OF INVESTIGATION

2009 INSC 1256Dismissed

The appellant, Atul Manubhai Parekh, was convicted under Section 120‑B of the IPC and sentenced to 15 days of rigorous imprisonment with a fine. He had already undergone 15 days of detention in connection with other cases and sought a set‑off of 30 days under Section 428 of the Code of Criminal …

RAJENDRAN CHINGARAVELUversusMR. R.K. MISHRA, ADDL. COMMISSIONER OF IT & ORS.

2009 INSC 1257Disposed off

The appellant, a computer engineer, travelled from Hyderabad to Chennai carrying Rs 65 lakhs in cash, disclosing the amount and a bank certificate to airport security. Although cleared at Hyderabad, he was intercepted at Chennai, detained for about 15 hours, and his cash was seized under the Income …

UNION OF INDIA & ORS.versusHAR DAYAL

2009 INSC 1258Disposed off

Har Dayal, Karta of a Hindu Undivided Family of displaced persons from Pakistan, filed a claim in 1950 for agricultural land as compensation under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. After partial allotment, the remaining land was not available and in 1989 he was …

RUPA RANI RAKSHIT AND ORS.versusJHARKHAND GRAMIN BANK AND ORS.

2009 INSC 1259Dismissed

The appellants, employees of Jharkhand Gramin Bank, were promoted to Field Supervisors on 20 November 1990 under the Regional Rural Banks (Appointment and Promotions of Officers and Other Employees) Rules, 1988. The bank used a merit‑cum‑seniority system, assigning marks for seniority, education, …

KATTINOKKULA MURALI KRISHNAversusVEERAMALLA KOTESWARA RAO & ORS .

2009 INSC 1252Appeal(s) allowed

The appellant was elected Sarpanch of a Gram Panchayat in Andhra Pradesh by a margin of two votes. The defeated candidate filed an election petition under Section 233 of the Andhra Pradesh Panchayat Raj Act, 1994, alleging irregularities in counting, rejection and mixing of votes, but the petition …

SATYAPAL SINGHversusUNION OF INDIA & ANR.

2009 INSC 1253Dismissed

The petitioner, a Government Ordnance Factory employee, was transferred and ordered to vacate his residential quarters. He appealed the eviction order; the District Court admitted the appeal and granted an interim stay, which remained in force for nearly nine years until the appeal was dismissed in …

JAIPUR VIDYUT VITRAN NIGAM LTD. AND ORS.versusNATHU RAM

2009 INSC 1254Dismissed

Nathu Ram, a former employee of the Rajasthan State Electricity Board (later Jaipur Vidyut Vitran Nigam Ltd.), was suspended in 1979 after being caught accepting a bribe and was convicted in 1982, leading to his dismissal. The High Court acquitted him in 1997 and reinstated him, granting full pay …

M/S. S.B. MINERALSversusM/S. MSPL LIMITED

2009 INSC 1255Dismissed

The respondent (M/S MSPL Ltd.) filed a suit for declaration and injunction against the petitioner (S.S. Minerals), which was decreed. The petitioner appealed and the first appellate court set aside the decree, dismissing the suit. The respondent then filed a second appeal under Section 100 of the …

MOHD. AYUBversusSTATE OF U.P. AND OTHERS

2009 INSC 1251Appeal(s) allowed

The appellant applied for the post of Armourer on the prescribed last date of 14 April 2003, which was a gazetted holiday, but could not attach the required medical certificate because the holiday and preceding holidays prevented him from obtaining it; he submitted the certificate on 15 April. The …

M/S. MEPCO INDUSTRIES LTD. MADURAIversusCOMMISSIONER OF INCOME TAX & ANR.

2009 INSC 1246Appeal(s) allowed

Mepco Industries Ltd. received a power subsidy for two years and initially treated it as a revenue receipt. The assessee argued that the subsidy was a capital receipt and sought revision of assessment orders, which were initially allowed by the Commissioner of Income Tax. After the Supreme Court’s …

REDAUL HUSSAIN KHANversusNATIONAL INVESTIGATION AGENCY

2009 INSC 1248Dismissed

The petitioner, Redaul Hussain Khan, was arrested on 31 May 2009 for allegedly sending money to an extremist group later declared an unlawful association under the Unlawful Activities (Prevention) Act, 1967 (UAPA). While the investigation was transferred to the National Investigation Agency, the …

THE STATE REP. BY CBI, HYDERABADversusG. PREM RAJ

2009 INSC 1249Appeal(s) allowed

The State, represented by the CBI, appealed the High Court’s acquittal of G. Prem Raj, a senior civil engineer, who was convicted for demanding and accepting a bribe of Rs 5,000 / Rs 50,000 in connection with a government contract. The prosecution proved that the accused demanded the money to …

MD. MONIR ALAMversusSTATE OF BIHAR

2009 INSC 1250Dismissed

The case arose from a land demarcation dispute in which a fight broke out, leading to the death of lmteyaz Ali. Monir Alam and others were convicted under IPC sections 304(11) and 323, with Alam sentenced to three years. The High Court altered the conviction to include section 149 but upheld the …

UDAY SHANKAR UPADHYAY & ORS.versusNAVEEN MAHESHWARI

2009 INSC 1242Appeal(s) allowed

The landlord filed an eviction suit claiming a bona fide need to use a ground‑floor shop for the businesses of his two sons, asserting that no suitable alternative premises were available. The trial court accepted this claim and decreed eviction, but the first appellate court reversed, holding that …

RAM KUMAR GUPTA AND ORS.versusHAR PRASAD AND ANR.

2009 INSC 1243Case Partly allowed

The appellants, heirs of Smt. Devki Devi, sought to recover a shop that had been allotted to a manager through ex‑parte orders under Section 16(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. They filed a writ petition in the High Court, which after the creation …

AMARJEET SINGH & ORS.versusDEVI RATAN & ORS.

2009 INSC 1244Disposed off

The case concerned seniority of Excise Inspectors promoted to Assistant Excise Commissioner (AEC) under two different Departmental Promotion Committees (DPCs). One DPC (19‑Dec‑1998) promoted officers on a merit basis under the pre‑1994 rules, while a second DPC (22‑Jan‑1999) promoted others on a …

RAJENDRA KUMAR SRIVASTAVA & ORS.versusSAMYUT KSHETRIYA GRAMIN BANK & ORS

2009 INSC 1239Dismissed

The appellants, senior officers of Samyukt Kshetriya Gramin Bank, challenged their non‑selection for promotion to Scale II (Area Manager/Senior Manager) on the ground that the bank’s promotion process, which required a minimum qualifying score of 78% based on performance appraisal and interview, …

RAM BHAROSEYversusSTATE OF U.P.

2009 INSC 1240Dismissed

The appellant Ram Bharosey was convicted for the murder of Puran Singh under Section 302 IPC read with Section 34 IPC. The prosecution proved that the appellant and co‑accused fired shots at the victim, resulting in his death, and identified the appellant through the first informant’s testimony and …

V. RAVI CHANDRANversusUNION OF INDIA & ORS.

2009 INSC 1238Disposed off

Dr. V. Ravi Chandran, an American citizen, filed a writ petition under Article 32 seeking a habeas corpus order for the production of his seven‑year‑old son, a U.S. citizen, who had been taken to India by the mother, respondent No.6, in contravention of multiple custody orders passed by New York …

. SAU PANCHASHLLA DADA MESSHRAMversusSTATE OF MAHARASHTRA

2009 INSC 1241Case Partly allowed

The appellant, Sau Panchashila Dada Messhram, and her husband confined their two‑year‑old daughter in a bathroom for 14 days without food or water, leading to the child's death by starvation. The trial court convicted them under Section 302 read with Section 34 IPC and sentenced them to life …

STATE OF UTTARAKHAND AND ANRversusRAJENDRA SINGH ARYA AND ANR

2009 INSC 1237Case Partly allowed

The petitioners, senior forest officers, sought seniority and all consequential benefits from the year of their allotment by the State Public Service Commission, relying on the decision in In Re: Suresh Chandra Sharma (2002). The Uttarakhand High Court allowed the writ petition, applying the Suresh …

GIMIKPIOTRversusSTATE OF TAMIL NADU AND ANR.

2009 INSC 1233Appeal(s) allowed

The appellant, a Polish citizen, was caught at Chennai airport with large amounts of foreign currency and his passport was impounded. He was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling, …

MANOHAR SINGHversusD.S. SHARMA & ORS.

2009 INSC 1234Appeal(s) allowed

Manohar Singh filed a suit for damages against his former employer NTPC and its General Manager. During the trial he repeatedly sought adjournments, prompting the trial court to levy costs under Section 358 of the Code of Civil Procedure (CPC) for causing delay. The plaintiff failed to pay the costs …

NITYA NANDversusSTATE OF HARYANA ANO ORS.

2009 INSC 1235Dismissed

Dr. Nitya Nand (appellant) and Dr. P.S. Ghalaut (respondent No.4) were both in the Haryana Medical Education Service and were promoted to Senior Professor on the same date. Respondent No.4 had earlier been appointed as a Floating Professor under Rule 10, while the appellant remained a substantive …

PASHAURA SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 1236Appeal(s) allowed

Pashaura Singh married Kamaljeet Kaur in 1997, moved to Canada and obtained a divorce decree from the Supreme Court of British Columbia in February 2001. After returning to India he remarried on 2 January 2002. Kamaljeet's brother filed an FIR under IPC sections 494 (bigamy), 498A (dowry harassment) …

R.P. TYAGIversusSTATE (GOVT. OF NCT OF DELHI)

2009 INSC 1229Dismissed

In 1987 a police constable was stabbed by Mahender and Ram Kumar. The SHO, R.P. Tyagi, detained the accused's family members and beat them, leading to Mahender's death. Tyagi was initially convicted of murder under IPC s.302 and sentenced to death, but the Delhi High Court modified the conviction to …

M/S. PLEASANTIME PRODUCTS AND ANR.versusCOMMR. OF CENTRAL EXCISE, MUMBAI-I

2009 INSC 1230Dismissed

Pleasantime Products manufactured the branded word game "Scrabble" and claimed it fell under sub‑heading 9503.00 (puzzles) of Chapter 95 of the Central Excise and Tariff Act, 1985, seeking exemption from excise duty. The Central Excise Department classified it as a board game under heading 95.04, …

SHIBA SHANKAR MOHAPATRA & ORS.versusSTATE OF ORISSA & ORS.

2009 INSC 1231Dismissed

The case concerned a dispute between Sub‑Inspectors (General) and Sub‑Inspectors (Stenographers) of the Odisha Police regarding inter‑se seniority and promotion. The appellants argued that the Administrative Tribunal and the High Court wrongly relied on letters from the Home Department and Law …

UNIVERSITY OF KERALAversusCOUNCIL, PRINCIPALS, COLLEGES, KERALA & OTHERS

2009 INSC 1227Disposed off

The Kerala High Court quashed circulars issued by universities directing a presidential system for student union elections, holding that the circulars lacked statutory authority. The University of Kerala appealed, arguing that the Supreme Court's interim order of 22 September 2006 directing …

AMALENDU PAL @ JHANTUversusSTATE OF WEST BENGAL

2009 INSC 1228Case Partly allowed

Amalendu Pal, married to Dipika since 1977, began an extramarital relationship with Anita and, after being denied permission to marry her, subjected Dipika to physical and mental torture. He brought Anita to his home three months before Dipika's suicide by hanging on 27 September 1991. The trial …

GAJULA SURYA PRAKASARAOversusSTATE OF ANDHRA PRADESH

2009 INSC 1226Appeal(s) allowed

The appellant Gajula Surya Prakasa Rao was convicted under Sections 302 and 307 IPC for murdering a farmer and attempting to kill his wife, based primarily on the testimony of the deceased’s wife (PW‑3) and daughter (PW‑4). The Supreme Court examined the credibility of these eye‑witnesses, noting …

DIRECTOR, FISHERIES TERMINAL DIVISIONversusBHIKUBHAI MEGHAJIBHAI CHAVDA

2009 INSC 1224Dismissed

The respondent, a daily‑wage watchman employed by the Director, Fisheries Terminal Division, was terminated without notice. He claimed reinstatement and back wages before the Labour Court, which ordered reinstatement with 20% back wages; the High Court affirmed. The employer appealed, contending …

M/S. SOM DATT BUILDERS LTD.versusUNION OF INDIA & ORS.

2009 INSC 1225Dismissed

The petitioners, Som Datt Builders Ltd. and others, challenged the Central Government's notification declaring "ordinary earth" used for filling and levelling as a "minor mineral" under Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957, and the subsequent fixing of …

ASHOK KUMAR SHARMAversusOBEROI FLIGHT SERVICES

2009 INSC 1216Case Partly allowed

Ashok Kumar Sharma, a loader employed by Oberoi Flight Services since 1980, was dismissed in 1986 after being caught with 30 soup spoons in his shoe and allegedly admitting guilt. The dismissal was effected without any enquiry, charge‑sheet or show‑cause notice. The Labour Court held the dismissal …

NAIMUDDINversusSTATE OF WEST BENGAL

2009 INSC 1217Case Partly allowed

The case arose from a land dispute in which the victim Munshi Basiruddin, aged 78, was killed when bricks were thrown at him by the accused Naimuddin and Muslim Mian. The trial court convicted both under section 302 read with section 34 of the Indian Penal Code and sentenced them to life …

MD. ANKOOS & ORS.versusTHE PUBLIC PROSECUTOR, H!GH COURT OF A.P.

2009 INSC 1218Appeal(s) allowed

The accused (MD. Ankoos & others) were charged with murder, rioting, house trespass and related offences for the killing of five villagers suspected of sorcery. The trial court acquitted all 77 accused, finding the eye‑witness testimonies (PW‑2 to PW‑4) unreliable and noting contradictions. The High …

SATWATI DESWALversusSTATE OF HARYANA AND ORS.

2009 INSC 1219Appeal(s) allowed

Satwati Deswal, a lecturer promoted to principal in a Haryana school, was terminated by the school manager without any show‑cause notice, disciplinary inquiry, or opportunity of hearing. She challenged the termination by filing a writ petition, which the Punjab & Haryana High Court dismissed on the …

JAMEELversusSTATE OF U.P.

2009 INSC 1221Dismissed

Jameel and Dastgir assaulted Hasib with a lathi, fracturing his left parietal bone. Both were convicted under Section 308 IPC for attempt to commit culpable homicide and sentenced to two years' rigorous imprisonment; the High Court later acquitted Dastgir but upheld Jameel's conviction. Jameel …

RASIKLAL DALPATRAM THAKKARversusSTATE OF GUJARAT AND ORS.

2009 INSC 1222Dismissed

The appellant, Rasiklal Dalpatram Thakar, was charged by Madhavpura Mercantile Cooperative Bank for alleged loan fraud. The Chief Metropolitan Magistrate, Ahmedabad, under Section 156(3) of the CrPC ordered the Economic Offences Wing, State CID, to investigate. The investigating agency submitted a …

JAYABALANversusU.T. OF PONDICHERRY

2009 INSC 1223Dismissed

Jayabalan was convicted of murdering his wife Vasanthi after the High Court reversed a trial‑court acquittal. The prosecution proved that the couple’s relationship was strained, the husband had beaten the wife, poured kerosene on her and set her on fire, as corroborated by an oral dying declaration …

TAMIL NADU WATER SUPPLY & DRAINAGE BOARDversusM/S. SATYANARAYANA BROTHERS PVT. LTD.

2009 INSC 1215Disposed off

The Tamil Nadu Water Supply & Drainage Board entered into a contract with M/s. Satyanarayana Brothers Pvt. Ltd. for the Veeranam drinking‑water project. The contractor failed to complete the work within the extended time, leading to arbitration. After several awards and appeals, the Supreme Court …

U.P. RAJYA VIDYUT UTPADAN BOARD & ANR.versusUTTAR PRADESH VIDYUT MAZDOOR SANGH

2009 INSC 1212Case Partly allowed

The Uttar Pradesh Vidyut Mazdoor Sangh (the Union) filed an application under Rule 25(2)(v)(a) of the Uttar Pradesh Contract Labour (Regulation and Abolition) Rules, 1975, seeking equal wages for contract workers employed in a temporary water‑filtration plant of the Anpara Thermal Power Project as …

BHARAT AMRATLAL KOTHARI AND ANOTHERversusDOSUKHAN SAMADKHAN SINDHI AND ORS.

2009 INSC 1213Case Partly allowed

The Supreme Court examined an appeal by animal‑right activist Bharat Kothari against a Gujarat High Court order that quashed an FIR alleging cruelty to nearly 2,000 goats and sheep and simultaneously convicted six livestock owners (respondents) under the Prevention of Cruelty to Animals Act, 1960, …

KAMRUL ISLAM ALVIversusSTATE OF M.P.

2009 INSC 1214Appeal(s) allowed

The appellant's 3.10 acres of land were acquired under the Land Acquisition Act, 1894 for a canal project. In addition to the compensation for the land, the appellant claimed Rs 6,46,579.95 for a water reservoir and sluice gate, though an earlier claim of only Rs 25,000 had also been made. The Land …

DASHRATH RAO KATEversusBRIJ MOHAN SRIVASTAVA

2009 INSC 1211Appeal(s) allowed

In an eviction suit under the Madhya Pradesh Accommodation Control Act, the appellant Dashrath Rao Kate sought to be impleaded as the legal representative of the deceased owner Sukhiabai on the basis of a Will. The trial court, after a full inquiry under Order 22 Rule 5 of the CPC, held the Will …

URBAN IMPROVEMENT TRUST, BIKANERversusMOHAN LAL

2009 INSC 1209Dismissed

The Bikaner Urban Improvement Trust (UIT) allotted plot A‑303 to Mohan Lal in 1991, but in 1998 laid a road through the plot without notice or acquisition proceedings. After the Trust ignored his complaints, Lal filed a consumer complaint in 2005 seeking restoration of the plot or an alternative …

MS. CELINA COELHO PEREIRA & ORS.versusULHAS MAHABALESHWAR KHOLKAR & ORS.

2009 INSC 1210Appeal(s) allowed

The landlord filed an eviction petition under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 alleging that the tenant had sub-let the premises to a partnership called Mandovi Tours and Travels. The tenant denied sub‑letting, claiming the partnership was genuine and …

VIJAY DHANJI CHAUDHARYversusSUHAS JAYANT NATAWADKAR

2009 INSC 1208Hearing Adjourned

The Supreme Court examined an application for restoration of a Special Leave Petition that had been dismissed for non‑prosecution. The petition was drafted by Advocate Vikas Mahajan and filed by Advocate‑on‑Record D.B. Vohra, who merely lent his name and did not take any responsibility for the case, …

PRABIR MONDAL AND ANR.versusSTATE OF WEST BENGAL

2009 INSC 1203Appeal(s) allowed

The appellants Prabir Mondal, others and Mongal Das were convicted under Sections 307 and 34 of the Indian Penal Code for an alleged attempt to murder the complainant in a pump room. The prosecution claimed the victim was attacked with a knife, resulting in incised injuries to his left palm and …

H.R. BASAVARAJ (DEAD) BY HIS L. R. S & ANR.versusCANARA BANK & ORS.

2009 INSC 1205Appeal(s) allowed

Lokashikshana Trust (LST), a public trust engaged in publishing, incurred several loans to fund its operations, with the loans secured by hypothecation of trust property and a guarantee executed by the deceased surety, H.R. Basavaraj. After prolonged litigation, the trust's assets were taken over by …

JAI PRAKASH GUPTA (D) THR. LRS.versusRIYAZ AHAMAD & ANR.

2009 INSC 1206Case Partly allowed

The appellant, the son of a deceased landlord, sought release of a shop under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, claiming bonafide need to set up an office for his chartered‑accountancy practice. The Prescribed Authority rejected the …

MOHD. ISMAILversusDINKAR VINAYAKRAO DORLIKAR

2009 INSC 1207Case Partly allowed

The tenant, Mohd. Ismail, occupied a shop for over 20 years when the landlord, Dinkar Vinayakrao Dorlikar, sought eviction on the ground of bonafide requirement, claiming he and his three sons needed two shops for a kirana business. The Rent Controller, Additional Collector, and the High Court …

J.L. KOUL & ORS.versusSTATE OF J & K & ORS.

2009 INSC 1200Disposed off

The appellants, Kashmiri Pandit retirees who lost their homes in the valley due to militancy, were allowed to retain government‑provided accommodation in Jammu even after retirement for security reasons. Other government employees filed writ petitions seeking those houses, leading the High Court to …

JAI BALAJI INDUSTRIES LTD.versusPEC LTD. & ORS.

2009 INSC 1201Dismissed

Jai Balaji Industries Ltd. entered into a purchase agreement with a foreign seller for manganese ore and a subsequent High Seas Sale Agreement with PEC Ltd., a government company, which was to act as seller. After the cargo arrived, Jai Balaji tested a small portion, found it sub‑standard and …

BANDA CHINNA SUBBARAYUDU & ORS.versusTHAILAM VISHANATHA RAO & ANR.

2009 INSC 1202Appeal(s) allowed

The appellants obtained a decree for recovery of money and the decree-holder initiated execution proceedings, resulting in the sale of the appellants' property on 25 November 2003. On the same day a third party obtained a stay of the execution proceedings, which remained in force until 2 December …

PARMINDER KAURversusSTATE OF U.P.

2009 INSC 1198Appeal(s) allowed

Parminder Kaur, a 74‑year‑old woman, was prosecuted under IPC sections 420, 467, 468 and 471 for allegedly altering dates in certified revenue records used in civil suits she filed in 2002. The FIR was lodged by her brother‑in‑law, Hargursharan Singh, and the High Court refused to quash the criminal …

MEDICAL COUNCIL OF INDIAversusMANAS RANJAN BEHERA & ORS.

2009 INSC 1199Disposed off

The Medical Council of India (MCI) appealed against a Division Bench of the Orissa High Court that had ordered admission of twelve students to medical courses after the statutory cut‑off date of 30 September. The Supreme Court had previously directed that the time‑schedule in the MCI Regulations …

N. RADHAKRISHNANversusM/S. MAESTRO ENGINEERS & ORS.

2009 INSC 1195Dismissed

N. Radhakrishnan entered into a partnership with the respondents in 2003. A dispute arose when the respondents reconstituted the partnership after his alleged retirement, excluding him from the new deed, and he alleged fraud and misappropriation of funds. The respondents sued for a declaration that …

ALAGARSAMY AND ORS.versusSTATE REPRESENTED BY DY. SUPERINTENDENT OF POLICE

2009 INSC 1196Dismissed

The case arose from a caste‑based election dispute in Melavalavu village where six Dalits were murdered and forty persons were charged, seventeen of whom were convicted under IPC sections 302, 149 and 34 and the SC/ST (Prevention of Atrocities) Act. The appellants challenged their convictions on the …

HARYANA STATE INDUSTRIAL DEV. CORPN.versusSHAKUNTLA & ORS.

2009 INSC 1197Disposed off

The Haryana State Industrial Development Corporation (HSIDC) sought to acquire land for an industrial estate under the Land Acquisition Act, 1894. A High Powered Committee recommended acquisition of the land owned by Shakuntla (respondent No.1) but released land of M/s Orient Crafts ("O") on the …

UNION OF INDIAversusT.M. SOMARAJAN & OTHERS

2009 INSC 1191Dismissed

The respondent, a State Police Service officer, was promoted to the Indian Police Service (IPS) on 9 December 1995. His basic pay in the state cadre was Rs 4,650 plus special pay of Rs 100, but after promotion his pay was fixed at Rs 4,250 plus special pay of Rs 200, resulting in a reduction. After …

SURENDER KUMARversusUNION OF INDIA AND ORS.

2009 INSC 1192Dismissed

The appellant, an Assistant Supervisor in a military farm, was charged with misappropriating 320 kg of soda‑bicarbonate, failing to feed the material to the animals under his charge (resulting in the death of three animals), and willfully disobeying a superior's order. A departmental inquiry, …

LEILA DAVIDversusSTATE OF MAHARASHTRA & ORS.

2009 INSC 1190Disposed off

Petitioners filed multiple writ petitions under Article 32 alleging various grievances, but their pleadings were deemed per se contempt of the Supreme Court. During the hearing, they disrupted proceedings, used abusive language, and one petitioner threw a footwear at the judges, all in the presence …

RAVINDRA & ASSOCIATESversusUNION OF INDIA

2009 INSC 1193Appeal(s) allowed

Ravindra & Associates, a contractor, completed a construction project for the Union of India on time but faced a payment dispute. The parties invoked an arbitration clause; the arbitrator awarded the contractor Rs 70,94,265 with 18% simple interest. The Principal Sub‑Judge in Kochi made the award a …

M/S. S.B.P. & CO.versusM/S. PATEL ENGINEERING LTD. & ANR.

2009 INSC 1194Appeal(s) allowed

The dispute arose from a subcontract for a hydroelectric project where the appellant sought payment from respondent No.1 and invoked an arbitration clause. The appellant appointed an arbitrator, while respondent No.1 appointed Huddar, who declined to act. Respondent No.1 then appointed a substitute …

SONIC SURGICALversusNATIONAL INSURANCE COMPANY LTD.

2009 INSC 1185Dismissed

A fire broke out in the appellant's godown at Ambala in February 1999, and the appellant filed a claim petition before the Consumer Commission of Chandigarh in 2000, which was allowed. The National Consumer Disputes Redressal Commission set aside that order, holding that the Chandigarh commission …

KOLAWANA GRAM VIKAS KENDRAversusSTATE OF GUJARAT & ORS.

2009 INSC 1186Dismissed

Kolawana Gram Vikas Kendra, a minority educational institution, appointed teachers without obtaining prior approval from the Gujarat Education Department and sought payment of salaries under a 100% grant. The State refused to grant the no‑objection certificate, leading the institution to file a writ …

M/S. BECILversusARRAYCOM INDIA LTD. & ORS.

2009 INSC 1187Appeal(s) allowed

Prasar Bharati issued a tender for two 1 MW transmitters. BECIL and Arraycom submitted technically qualified bids. Arraycom’s financial bid of Rs 51.57 crore stated that Central Sales Tax (CST) was inclusive but also required concessional forms C/D, creating ambiguity. BECIL’s lower bid of Rs 47.35 …

GRASIM INDUSTRIES LTD. & ANR.versusM/S. AGARWAL STEEL

2009 INSC 1188Disposed off

Grasim Industries Ltd. and another entered into a dealer and consignment agreement with Mis. Agarwal Steel. A dispute over a joint statement of account (Ex.D‑8) was referred to arbitration. The respondent claimed that his signature on Ex.D‑8 was merely a receipt and therefore made under mistake, …

SUBH RAM & ORS.versusHARYANA STATE & ANR.

2009 INSC 1189Case Partly allowed

The State acquired 38.48 acres of land in Jharsa, Gurgaon, Haryana for a jail under the Land Acquisition Act, 1894. The Land Acquisition Collector initially awarded compensation based on land categories, which the Reference Court enhanced uniformly to Rs 36.20 per square yard. The appellants …

INDIAN HUME PIPE CO. LTD.versusSTATE OF RAJASTHAN

2009 INSC 1184Appeal(s) allowed

The appellant, Indian Hume Pipe Co. Ltd., entered into a contract with the State of Rajasthan for laying a PSC pipeline, which contained an arbitration clause. A dispute led to arbitration, and the arbitrators awarded the appellant the claim along with interest for pre‑reference, pendente lite, and …

REVAJEETU BUILDERS & DEVELOPERSversusNARAYANASWAMY & SONS & OTHERS

2009 INSC 1179Dismissed

The appellant, RevaJetu Builders & Developers, filed a suit for recovery of sale consideration and possession of a property, later seeking to amend the plaint under Order VI Rule 17 of the CPC to declare the respondents as trespassers and obtain injunctions. The trial court allowed the amendment, …

DELHI DEVELOPMENT AUTHORITYversusJITENDER PAL BHARDWAJ

2009 INSC 1180Dismissed

The Delhi Development Authority (DOA) allotted a 60 sq.m plot to Jitender Pal Bhardwaj under the Rohini Scheme in 2005. After the allotment, Bhardwaj disclosed that he owned a flat of 62.22 sq.m in Mayur Vihar, which DOA deemed a violation of clause 1(ii) of the scheme’s eligibility conditions and …

SOHAN SINGH & ANR.versusSTATE OF BIHAR

2009 INSC 1181Dismissed

The appellants, Sohan Singh and Mohan Singh, were convicted under Section 376(2)(g) of the IPC for gang raping the prosecutrix on 23 July 1983. The accused challenged the conviction on grounds of delayed FIR filing, absence of physical injuries on the victim, and alleged family enmity leading to …

UDEY CHANDversusSURAT SINGH AND ANR.

2009 INSC 1182Appeal(s) allowed

The appellant, Udey Chand, was declared Sarpanch of a Gram Panchayat by a margin of four votes. The election petitioner, Surat Singh, filed an election petition under Section 176(4)(b) of the Haryana Panchayati Raj Act, 1994, seeking a recount of votes alleging irregularities in counting and …

P.V. RADHA KRISHNA AND ORS.versusSTATE OF A. P. AND ORS.

2009 INSC 1183Appeal(s) allowed

The case concerned the status of Hyderabad City Police officers under the Andhra Pradesh Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (the Presidential Order) and the Hyderabad City Police Act, 1348 Fasli. The petitioners, appointed as Sub‑Inspectors of …

MANKAMMAversusSTATE OF KERALA

2009 INSC 1175Appeal(s) allowed

The appellant, Mankamma, a mother‑in‑law, was convicted under Section 306 of the Indian Penal Code for allegedly abetting the suicide of her daughter‑in‑law, Bindu. The prosecution relied on the testimony of eleven witnesses, including the deceased's father, brother, sister‑in‑law, a classmate, and …

REGISTRAR, CO-OPERATIVE SOCIETIES HARYANAversusISRAIL KHAN & ORS.

2009 INSC 1176Appeal(s) allowed

The Supreme Court examined a dispute where employees of a primary co‑operative credit society in Haryana were paid salaries on a regular pay‑scale basis, contrary to the Primary Co‑operative Credit & Service Society Staff Service Rules, 1992 which mandated a consolidated salary. The society’s …

PANDURANG CHANDRAKANT MHATRE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 1177Case Partly allowed

In Phunde village, Maharashtra, a clash between rival political factions (PWP and Congress‑I) on the night of 2‑3 April 1988 resulted in the murder of Suresh Atmaram Gharat and injuries to several others. Nineteen accused were charged under IPC sections 147, 148, 302 read with 149, 307 and 326 read …

NEELU CHOPRA AND ANR.versusBHARTI

2009 INSC 1167Appeal(s) allowed

The respondent Bharti filed a criminal complaint under IPC sections 406, 498A read with 114 against her husband Rajesh, his parents Neelu and Krishan Sarup Chopra, and a sister‑in‑law, alleging dowry demands, retention of jewellery and physical assault. The Judicial Magistrate took cognizance of the …

ARULVELU AND ANOTHERversusSTATE REPRESENTED BY THE PUBLIC PROSECUTOR AND ANOTHER

2009 INSC 1168Appeal(s) allowed

Arulvelu and his father were charged under IPC s.304B and s.498A for allegedly forcing their wife Mangayarkarasi to commit suicide by demanding dowry. The trial court, after a detailed examination of the evidence and noting that the suicide note did not implicate any accused, acquitted them. The …

BABU RAM AND ANR.versusSTATE OF HARYANA AND ANR.

2009 INSC 1169Disposed off

The appellants, owners of land in Narwana, challenged the State of Haryana's acquisition of their property for a sewage treatment plant (STP) on the ground that the acquisition was made under Section 17(4) of the Land Acquisition Act, 1894, which dispensed with the right to file objections under …

RAM SUNDER MAHTO AND ORS.versusSTATE OF BIHAR

2009 INSC 1170Disposed off

Four elderly men were convicted under Section 395 of the Indian Penal Code for a dacoity in which the loot amounted to Rs.2,860 cash, one Iota and one glass, and two persons were injured by firearms. The trial court sentenced eleven accused to life imprisonment and the four appellants to five years' …

DALEL SINGHversusSTATE OF HARYANA

2009 INSC 1171Dismissed

The appellant, Daleel Singh, was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 6.5 kg of charas seized from his house. He challenged the conviction on the ground that the police had not complied with the mandatory requirements of Section …

STATE OF MADHYA PRADESH & ORS.versusYOGENDRA SHRIVASTAVA

2009 INSC 1172

The case concerned the quantum of Non‑Practicing Allowance (NPA) payable to Medical Officers of the Madhya Pradesh Employees' State Insurance Service. While the 1981 Recruitment Rules stipulated NPA at 25% of basic pay, the officers' appointment letters fixed a lump‑sum amount approximating 25% of …

RAM BABU AGARWALversusJAY KISHAN DAS

2009 INSC 1173Appeal(s) allowed

The landlord, Ram Babu Agarwal, filed an eviction suit against tenant Jay Kishan Das under the Madhya Pradesh Accommodation Control Act, 1961, alleging default in rent and a bona‑fide need for the premises. The High Court held that the tenant had fully paid the rent as ordered in a revision …

UMAPADA KAYALversusSTATE OF WEST BENGAL

2009 INSC 1163Case Partly allowed

Nine persons were tried for the murder of Shaktipada Kayal in 1983. The trial court acquitted all accused, but the High Court upheld the acquittal of eight and convicted the appellant, Umapada Kayal, under Section 304 Part‑II IPC based on eye‑witnesses and post‑mortem evidence, sentencing him to ten …

PARSHOTAM LAL & ANOTHERversusSTATE OF PUNJAB

2009 INSC 1164Dismissed

The accused, Parshotam Lal and Ved Parkash, were convicted under Section 366 of the Indian Penal Code for kidnapping and raping a minor girl, Tripta, and sentenced to four years' rigorous imprisonment. The High Court reduced the sentence to one year and six months. During the pendency of the appeal, …

TIRPUR DYEING FACTORY OWNERS ASSN.versusNOYYAL RIVER A. PROTECTION ASSN. & ORS.

2009 INSC 1165Disposed off

The Noyyal River Ayacutdars Protection Association filed a PIL alleging that dyeing and bleaching units in Tirupur were discharging effluents that polluted the Noyyal River, the Orthapalayam reservoir and surrounding water bodies, rendering the water unfit for irrigation and drinking. The Madras …

ARUN KUMAR SHARMAversusSTATE OF BIHAR

2009 INSC 1162Appeal(s) allowed

The Supreme Court examined the murder conviction of Arun Kumar Sharma under Section 302 IPC for the death of his wife Sushma Devi. The prosecution's case rested on the testimony of a single eye‑witness, PW‑1, whose statements were found to be casual, contradictory and unexplained, especially his …

SONALI MUKHERJEEversusUNION OF INDIA

2009 INSC 1161Dismissed

The case involved the death of Biswajit, alleged to be a murder committed by his wife Sonali Mukherjee (A‑1) and her alleged lover Assadid Poddar (A‑2) through gardenal poisoning. The trial court convicted both under s.302 IPC; the Madras High Court acquitted A‑2 and reduced A‑1's conviction to …

BHARAT PETROLEUM CORPORATION LTD.versusSUNIL BANSAL & ORS.

2009 INSC 1154Appeal(s) allowed

Bharat Petroleum Corporation Ltd. (BPCL) issued a tender for transporting LPG cylinders within the National Capital Region (NCR) and stipulated that trucks must comply with Bharat Stage‑III (BS‑III) emission norms if manufactured on or after 1 April 2005 and not be older than 12 years. Sunil Bansal …

JAG DISHversusSTATE OF M.P.

2009 INSC 1155Dismissed

Jagdish was convicted of murdering his wife and five minor children after his brother and neighbours saw him with a blood‑stained knife and the bodies. The trial court relied on circumstantial evidence, medical post‑mortems and the appellant’s self‑inflicted injuries, and sentenced him to death. On …

RAJ NARAIN SINGHversusSTATE OF U.P. & ORS.

2009 INSC 1156Appeal(s) allowed

The case arose from a shooting at a petrol pump in Jaunpur district where two sons of the complainant were killed. The trial court convicted three accused under sections 302, 307, 323, 342 IPC and sections 27, 30 of the Arms Act, but the Allahabad High Court acquitted them. On appeal, the Supreme …

LAXMIDAS MORARJI (DEAD ) BY LRS.versusMISS BEHROSE DARAB MADAN

2009 INSC 1153Dismissed

The landlord of a flat in Greater Bombay filed a suit under Section 28 of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 seeking eviction of the occupant, who claimed tenancy rights as a family member of the deceased tenant. The Small Causes Court entertained the suit, but the …

THE NEW BUS STAND SHOP OWNERS ASSOCIATIONversusCORPORATION OF KOZHIKODE & ANR.

2009 INSC 1157Appeal(s) allowed

The New Bus Stand Shop Owners Association occupied shops in a building owned by the Corporation of Kozhikode under licences issued pursuant to Section 215 of the Kerala Municipalities Act, 1994. The State of Kerala contended that these licences were in substance leases, requiring a higher stamp duty …

ASHOK SINGHversusSTATE OF U.P.

2009 INSC 1158Dismissed

Four accused, including Ashok Singh and Shyam Saran Singh, shot Chhota Singh, who died from a gunshot wound. The trial court convicted all four under Section 302 read with Section 34 IPC based on the testimony of the deceased's son (PW3) and an independent witness (PW4), along with forensic evidence …

RAM SUKHversusDINESH AGGARWAL

2009 INSC 1160Dismissed

Ram Sukh, a losing candidate in the 2007 Uttarakhand Legislative Assembly election, filed an election petition challenging the election of Dinesh Aggarwal on grounds of alleged corrupt practices and procedural lapses by the Returning Officer. The High Court dismissed the petition at the preliminary …

BIBI ZAFIRA KHATOON AND OTHERSversusMOHAMMED HUSSAIN AND ANOTHER

2009 INSC 1145Appeal(s) allowed

The appellants, Bibi Zafira Khatoon and her late husband, obtained an eviction decree against respondent No.2 (Mohammed Manzurool Haque) on grounds of bonafide need and rent default. Respondent No.1 (Mohammed Hussain), who was a buyer under a disputed sale agreement, was impleaded as an intervenor …

SUBHASHversusDIVISIONAL CONTROLLER M.S.R.T.C. AND ANR.

2009 INSC 1147Case Partly allowed

Subhash Kondiba Sontakke, a driver employed by Maharashtra State Road Transport Corporation since 1980, was dismissed after a bus under his control rammed a bridge railing due to alleged rash and negligent driving, causing damage to the vehicle. The disciplinary authority dismissed him, but the …

M/S. SOM DATT BUILDERS LTD.versusSTATE OF KERALA

2009 INSC 1148Disposed off

The contractor, Mis. Som Datt Builders Ltd., entered into a highway works contract with the State of Kerala and later claimed additional costs for extended time and equipment usage. The Engineer failed to decide on several claims, leading the contractor to refer the dispute to arbitration, where the …

M/S. SUPER CASSETTES INDUSTRIES LIMITEDversusSTATE OF U.P. & ANR.

2009 INSC 1149Appeal(s) allowed

The Prescribed Authority under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 issued a notice under Section 9(2) requiring Super Cassettes Industries Ltd to submit details of its land holdings. The company objected, claiming the land was non‑agricultural and the notice was …

O.N.G.C. LTD.versusENGINEERING MAZDOOR SANGH

2009 INSC 1150Disposed off

The Oil and Natural Gas Corporation (ONGC) regularly hires seasonal casual workers for its field surveys. A tribunal ordered that 153 identified workmen who met educational qualifications and 240 days of service be regularised before any new recruitment. The Supreme Court, in its 20 November 2006 …

EMPLOYEES STATE INSURANCE CORPORATIONversusBHAKRA BEAS MANAGEMENT BOARD & ANR.

2009 INSC 1151Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) issued a notice under Section 45‑A of the Employees' State Insurance Act, 1948, requiring the Bhakra Beas Management Board to make employer contributions for its workers. The Board challenged the notice before the ESIC Court, but neither the workers …

RISHAB CHAND BHANDARI (D) BY LRS. & ANR.versusNATIONAL ENGINEERING INDUSTRY LTD.

2009 INSC 1152Appeal(s) allowed

The plaintiff, National Engineering Industry Ltd., sued the defendants for eviction and arrears of rent, claiming it was authorized by the Sitaram Bhandar Trust, the owner of the premises, to act as landlord under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. The defendants …

YASH AHUJA AND OTHERSversusMEDICAL COUNCIL OF INDIA & ORS.

2009 INSC 1146Dismissed

The petitioners, Indian citizens who obtained MBBS degrees from Manipal College of Medical Sciences, Pokhara (recognised under the Indian Medical Council Act, 1956), were denied permanent registration by the Medical Council of India (MCI) because they had not passed the screening test mandated by …

UNION OF INDIA & ORS.versusA K. PANDEY

2009 INSC 1139Dismissed

The case concerned A.K. Pandey, an army officer charged with selling a weapon, who was informed of the charges on 2 November 1995 and tried by a General Court Martial on 6 November 1995, but the trial began at 10:10 a.m., less than the 96‑hour interval mandated by Rule 34 of the Army Rules, 1954. …

BAJAJ AUTO LIMITEDversusTVS MOTOR COMPANY LTD.

2009 INSC 1140Disposed off

Bajaj Auto Ltd filed a suit in the Madras High Court alleging infringement of its Patent No. 195904 against TVS Motor Company Ltd. The trial judge granted an interim injunction, which was later set aside by the Division Bench on appeal. The suit remained pending without a written statement from the …

K.V. MOHAMMED ZAKIRversusREGIONAL SPORTS CENTRE

2009 INSC 1141Appeal(s) allowed

The appellant, a contractor, entered into a contract with the respondent to complete work within twelve months, but alleged delays by the respondent in supplying cement, steel, and drawings. The dispute was referred to a sole arbitrator, who awarded the contractor Rs.19,51,334.25, including a …

STATE OF ORISSA & ORSversusCHITRASEN BHOI

2009 INSC 1142Dismissed

The State of Orissa acquired land for a fish farm under the Land Acquisition Act, 1894, awarding the original owner, Chitrasen Bhoi, Rs 2,500 per acre in 1975. Subsequent owners received a higher award of Rs 10,000 per acre in 1995, prompting Bhoi to file an application under Section 28A on 21 March …

GAJARA VISHNU GOSAVIversusPRAKASH NANASAHED KAMBLE & ORS.

2009 INSC 1143Dismissed

The appellant purchased the western half of a jointly held property from the heir of a co‑parcener, claiming ownership and possession. The respondents argued that the property had never been partitioned, that the heir was not a necessary party, and that the sale deed could not confer possession. The …

KEDAR NARAYAN PARIDA AND ORS.versusSTATE OF ORISSA AND ANR.

2009 INSC 1144Dismissed

The petitioners were accused of murdering a woman’s husband; although the FIR named 19 persons, only a few were initially charge‑sheeted, allegedly due to the influence of a local MLA who provided alibis. The High Court, invoking its inherent powers under Article 226, directed the police to file …

N. ESWARIversusK. SWARAJYA LAKSHMI

2009 INSC 1136Appeal(s) allowed

The appellant, a tenant since 1982, faced an eviction petition filed by the landlady under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, on the grounds of her bonafide need for the premises and alleged rent default. Both the Rent Controller and the Appellate Authority …

SITA RAM BHANDAR SOCIETY, NEW DELHIversusLT. GOVERNOR, GOVT. OF N.C.T. DELHI & ORS.

2009 INSC 1137Dismissed

The Sita Ram Bhandar Society owned agricultural land (Khasra No.157) that was included in a 1959 notification for acquisition for the planned development of Delhi. After objections were dismissed, a declaration under Section 6 was made and an award was issued on 19 June 1980. The Collector recorded …

FGP LTD.versusSALEH HOOSEINI DOCTOR AND ANR.

2009 INSC 1138Dismissed

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate …

D. VENKATASUBRAMANIAM AND ORS.versusM.K. MOHAN KRISHNAMACHARI AND ANR.

2009 INSC 1132

The case arose from a dispute over a Memorandum of Understanding for the sale of land, after which the respondent lodged an FIR against the appellants for offences under sections 406 and 420 IPC. The police began investigating, but the respondent filed a petition under Section 482 of the CrPC …

SATISH NARAYAN SAWANTversusSTATE OF GOA

2009 INSC 1133Disposed off

Satish Narayan Sawant was accused of stabbing Rauji Dulba Sawant, resulting in the latter's death. The trial court acquitted all accused, but the High Court convicted Sawant under Section 302 IPC and sentenced him to life imprisonment. On appeal, the Supreme Court examined whether the FIR was …

STATE OF GOA & ANR.versusGOPAL BABURAO GAUDO & ORS.

2009 INSC 1134Dismissed

The State of Goa sought compensation for a 2,715 sq. m. strip of land acquired for the Panda By‑pass road, arguing that because the land lay within the 40‑metre prohibited‑construction zone alongside a highway it had no development potential and therefore should be valued as valueless. The Supreme …

S. SURESHversusORIENTAL INSURANCE CO. LTD. & ANR.

2009 INSC 1135Appeal(s) allowed

S. Suresh, a 25‑year‑old lorry driver, lost his right leg below the knee in a road accident. He claimed compensation under the Workmen's Compensation Act, 1923, and the Commissioner awarded Rs 5,20,584, finding a 100% loss of earning capacity as a driver. The insurer appealed; the Karnataka High …

ZENIT MATAPLAST P. LTD.versusSTATE OF MAHARASHTRA AND ORS.

2009 INSC 1130Disposed off

Zenit Mataplast Ltd. filed a writ petition challenging the allotment of 17 acres of land to Mahendra & Mahendra Ltd. and another party, alleging that the Maharashtra Industrial Development Corporation acted arbitrarily, with bias and favouritism, violating Article 14 of the Constitution. The Bombay …

RAMESH CHANDRA AGRAWALversusREGENCY HOSPITAL LTD. AND ORS.

2009 INSC 1131Appeal(s) allowed

The appellant, diagnosed with spinal tuberculosis (Pott's disease), underwent three surgeries that left him handicapped and filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence. The Commission dismissed the complaint, holding that …

U.P. COOPERATIVE FEDERATION LTD.versusM/S. THREE CIRCLES

2009 INSC 1124Dismissed

The U.P. Cooperative Federation Ltd. entered into a contract with M/s Three Circles for constructing a cold storage. Disputes arose over balance steel, alleged bad workmanship, and interest on the award. An arbitrator awarded Rs.32,68,805.80 with interest at 15% and allowed various claims, which the …

ANIL CHANDRA & ORS.versusRADHA KRISHNA GAUR & ORS.

2009 INSC 1125Dismissed

The Supreme Court considered appeals against a High Court interim order that preserved the pre‑2007 seniority of engineers in Uttar Pradesh Jal Nigam, despite the insertion of Rule 8‑A in the Uttar Pradesh Government Servants Seniority (3rd Amendment) Rules, 2007 which granted consequential …

DUBARIAversusHAR PRASAD & ANR.

2009 INSC 1126Remitted to Lower Court

The plaintiff, Dubaria, sued for a permanent injunction claiming ownership of a building on Plot No. 4934 in Banda, alleging purchase from Rajjan and later from the Zamindar. The trial court decreed in his favour after considering oral testimony and documentary evidence including khatauni, khewat …

PADUBIDRI DAMODAR SHENOYversusINDIAN AIRLINES LTD. AND ANR.

2009 INSC 1127Dismissed

The appellant, Padubidri Damodar Shenoy, gave a notice of voluntary retirement under Regulation 12(b) of the Service Regulations on 30 September 2005, having completed 29 years of service. The competent authority neither approved nor rejected the application within the three‑month notice period, and …

M/S. COMMERCIAL AUTO SALES (P) LTD .versusM/S. AUTO SALES (PROPERTIES)

2009 INSC 1119Case Partly allowed

The respondent filed an eviction suit against the appellant for non‑payment of rent on premises at 18 Kanpur Road, alleging a landlord‑tenant relationship. The appellant contended that the premises were occupied under a family settlement dated 23 August 1993, which allotted the property to the …

STEEL AUTHORITY OF INDIA LTD.versusGUPTA BROTHER STEEL TUBES LTD.

2009 INSC 1121Dismissed

The Steel Authority of India Ltd. (SAIL) appealed a 1993 arbitration award that granted damages to Gupta Brother Steel Tubes Ltd. for alleged breaches of a supply scheme. SAIL contended that the arbitrator exceeded his jurisdiction by applying Clause 7.2, which provides for liquidated damages, to a …

BALWANTBHAI B. PATELversusSTATE OF GUJARAT & ORS.

2009 INSC 1122Appeal(s) allowed

On 30 November 1993, three accused—Thakorbhai, Jagdishbhai and Balwantbhai Patel—attacked a group of men in Bharuch, resulting in the death of Sagir Ahmed. Balwantbhai Patel was alleged to have caught hold of Gyasuddin Ansari, enabling Jagdishbhai to inflict a simple injury. All three were convicted …

TIKA RAM & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 1123Dismissed

The Supreme Court examined the constitutional validity of the Uttar Pradesh Amendment and Validation Act, 1991, which retrospectively validated land acquisition proceedings that had issued simultaneous notifications under Sections 4(1) and 6(2) of the Land Acquisition Act, 1894. The petitioners …

HAZARI LAL DASversusSTATE OF WEST BENGAL & ANR.

2009 INSC 1114Appeal(s) allowed

The appellant, headmaster of Sambhunagar High School, was accused of opening a bank account with his servant and misappropriating Rs.6 lakh, leading to a complaint and FIR under several IPC sections. He applied for anticipatory bail under Section 438 of the CrPC, which the Sessions Judge granted …

COMMISSIONER OF CENTRAL EXCISEversusM/S. UNI PRODUCTS (I) LTD. & ORS.

2009 INSC 1115Dismissed

The Commissioner of Central Excise appealed against the classification of non‑woven floor coverings manufactured by M/s Uni Products (I) Ltd., which consist of a jute base fabric with a polypropylene exposed surface. The Revenue argued that the products should be classified under heading 5702.90 …

COMMISSIONER OF CENTRAL EXCISE, HYDERABAD-IversusM/S. CHARMINAR NON-WOVENS LTD.

2009 INSC 1116Dismissed

Charminar Non‑Wovens Ltd., a carpet manufacturer, classified its non‑woven carpets as "jute carpets" under heading 5703.20 and claimed a concessional excise duty. The Revenue issued a show‑cause notice alleging mis‑classification and appealed the adjudicating authority’s order that upheld the …