SANICHAR SAHNIversusTHE STATE OF BIHAR
2009 INSC 83926 May 2009Dismissed
Sanichar Sahni was convicted under Section 120‑B IPC for conspiring with his father and brother to murder Bhola Chaudhary. The co‑accused were charged only with murder and related offences, not with conspiracy. The appellant argued that the lack of a conspiracy charge against the co‑accused made his conviction illegal …
A. SUBAIRversusSTATE OF KERALA
2009 INSC 83826 May 2009Appeal(s) allowed
A. Subair, a lower‑division clerk in a Kerala transport office, was accused of demanding Rs.25 as a bribe for issuing a driving licence in book form. The prosecution set up a trap, recovered currency notes of Rs.20 and Rs.5, and convicted him under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. On a…
DEOMUNI SHARMAversusSTATE OF JHARKHAND
2009 INSC 84026 May 2009Appeal(s) allowed
Deomuni Sharma was convicted by the trial court and the Jharkhand High Court for attempting murder under IPC section 307 read with sections 149, 147 and 148, and for an offence under section 27 of the Arms Act. The Supreme Court examined whether his act of firing a licensed rifle in the air, allegedly to scare aggresso…
PREMANAND R. SHENOYversusCUSTODIAN AND ORS.
2009 INSC 84126 May 2009Disposed off
Premanand R. Shenoy became director of Fair Growth Financial Services Ltd after his father's death. The company financed a Mahindra Jeep for him on a hire‑purchase basis, paying Rs 2,83,192 on 22 July 1991 and delivering the vehicle on 15 April 1992 with temporary registration in Shenoy's name. The Custodian, acting un…
DR. SMITHA NATHversusUNION OF INDIA & ORS.
2009 INSC 84226 May 2009Disposed off
The petitioner, Dr. Smitha Nath, sought judicial intervention to ensure that vacant All India Quota postgraduate medical seats were filled after several states failed to complete their first round of counseling within the prescribed time. The Supreme Court noted that the first round of All India counseling conducted by…
UNION OF INDIA & ORS.versusBISHAMBER DAS DOGRA
2009 INSC 84326 May 2009Appeal(s) allowed
The case concerned a CISF security guard who repeatedly deserted his post and was removed from service after a departmental enquiry. The High Court had set aside the removal on the ground that the enquiry report was not furnished to the employee and he was not given a chance to object, also holding that his past miscon…
SUNDER KUKREJA & ORS.versusMOHAN LAL KUKREJA & ANR.
2009 INSC 41126 March 2009Appeal(s) allowed
The brothers Sunder Kukreja and Mohan Lal Kukreja, partners in a firm, disputed the validity of a retirement deed that one brother claimed dissolved the partnership. The appellant filed a petition under Section 20 of the Arbitration Act, 1940 seeking appointment of an arbitrator under the arbitration clause of their 19…
M.K BALAKRISHNAN & OTHERSversusUNION OF INDIA & OTHERS
2009 INSC 41226 March 2009Hearing Adjourned
The Supreme Court entertained a writ petition under Article 32 concerning the protection of wetlands and the acute water shortage in India. The petitioners highlighted that ponds, tanks, and other water‑conservation bodies have been illegally filled and built upon, exacerbating the crisis. Relying on earlier judgments …
ST ATE OF HARYANAversusBALKAR SINGH & ORS.
2009 INSC 40926 March 2009Dismissed
On 9 February 1993 a dispute over deepening a drain led to a physical altercation in which accused Balkar Singh, Chuhar Singh and Surinder Singh allegedly struck Sher Singh, who later died, and injured Shamsher Singh, who survived as an eyewitness. The three were charged under Sections 302, 323 read with Section 34 of …
CHAIRMAN, D.A., RANI LAKSHMI BAI K.G.BANKversusJAGDISH SHARAN VARSHNEY AND ORS.
2009 INSC 41326 March 2009Case Partly allowed
Jagdish Sharan Varshney, an employee of Rani Lakshmibai Kshetriya Gramin Bank, was charge‑sheeted and disciplined by fixing his pay scale under Regulation 38(1) (Kha‑11) of the Officers and Employees Service Rules, 2000. He appealed to the Board of Directors, which dismissed the appeal on 4 September 2003 without givin…
STATE OF PUNJABversusRAM PAL
2009 INSC 41026 March 2009Appeal(s) allowed
The appellant State of Punjab appealed the Punjab and Haryana High Court's acquittal of Ram Pal, who had been convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court had set aside the conviction on the ground that conscious possession of the narcotic article was not establ…
PAWANversusSTATE OF UTTARANCHAL
2009 INSC 26826 February 2009Dismissed
The case involves the rape and murder of a six‑year‑old girl whose body was discovered after four accused were seen throwing it from a gunny bag. The trial court convicted the accused under IPC sections 302, 34, 201, 34, 376 and 377 based solely on circumstantial evidence and sentenced them to death, which the High Cou…
UNION OF INDIAversusM/S. SINGH BUILDERS SYNDICATE
2009 INSC 27026 February 2009Dismissed
The Union of India (Northern Railways) entered into a construction contract with Mis. Singh Builders Syndicate which contained Clause 64 requiring two serving Gazetted Railway officers as arbitrators who would appoint an umpire. The builder invoked arbitration in 1999, but repeated transfers and resignations of the app…
NATIONAL INSURANCE COMPANY LTD.versusMEGHJI NARAN SORATIYA & ORS.
2009 INSC 27126 February 2009Appeal(s) allowed
The insurer, National Insurance Company Ltd., appealed against the Gujarat High Court's dismissal of its challenges to Motor Accident Claims Tribunal awards, contending that the Tribunal had granted permission to contest the claims under Section 170 of the Motor Vehicles Act, 1988 without recording reasons. The Supreme…
U.P. PUBLIC SERVICE COMMISSIONversusSATYA NARAYAN SHEOHARE & ORS
2009 INSC 26926 February 2009Disposed off
The Uttar Pradesh Public Service Commission advertised for Civil Judge (Junior Division) posts in March 2000, and two candidates applied as general category candidates. Before the written examination began, the State Government amended the First Schedule of the U.P. Public Services (Reservation for Scheduled Castes, Sc…
CONTROLLER OF ESTATE DUTY, KERALAversusNALINI V. SARAF
2009 INSC 126025 November 2009Dismissed
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. The Income Tax Appella…
COMMISSIONER OF INCOME TAXversusM/S. ALOM EXTRUSIONS LIMITED
2009 INSC 126125 November 2009Disposed 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 43‑B and amended th…
GURMUKH SINGHversusSTATE OF HARYANA
2009 INSC 107425 August 2009Case Partly allowed
Gurmukh Singh was convicted of murder under Section 302 IPC for delivering a single lathi blow to Hazoor Singh, who died six days later. The trial and High Courts upheld the conviction and life sentence. On appeal, the Supreme Court examined whether the facts—no prior enmity, spur‑of‑the‑moment incident, single fatal b…
RAMESH AND ANRversusSTATE OF U.P.
2009 INSC 107525 August 2009Dismissed
The appellants were convicted for the murder of Raj Kumar under Section 302 read with Sections 149, 147 and 148 of the Indian Penal Code. The prosecution's case rested on the testimony of two eye‑witnesses, Prahlad (PW‑4) and Daya Wati (PW‑5), who were alleged to be interested witnesses, and on medical evidence that th…
ORIENTAL INSURANCE COMPANY LTD.versusM/S OZMA SHIPPING COMPANY & ANOTHER
2009 INSC 107625 August 2009Disposed off
The appellant Oriental Insurance Company insured Mis Ozma Shipping Company's vessel for Rs 21.5 lakh after its own surveyor valued the ship at that amount. The vessel sank with cargo, and the insured claimed the full sum. The insurer offered only Rs 15 lakh, alleging the valuation was excessive. The National Consumer D…
IN RE: CRL. INTIMIDATION OF CAT MEMBERversus*
2009 INSC 107225 August 2009Disposed off
A Judicial Member of the Central Administrative Tribunal (CAT), Shri B.V. Rao, was staying in a state‑run guest house when senior police officials, led by Inspector General Nirmala Choudhary, forcibly entered his room, abused and intimidated him, and seized his documents. An FIR was lodged under Sections 143, 144, 146,…
SHANTI SPORTS CLUB & ANR.versusUNION OF INDIA & ORS.
2009 INSC 107725 August 2009Dismissed
The Supreme Court examined whether a ministerial note dated 8 June 1999 could be treated as a decision under Section 48(1) of the Land Acquisition Act, 1894 to withdraw from the acquisition of land occupied by Shanti Sports Club, and whether the Government’s refusal to de‑notify the land (letter dated 9 June 2000) was …
OM PRAKASH @ BABAversusSTATE OF RAJASTHAN
2009 INSC 107325 August 2009Appeal(s) allowed
Om Prakash (Baba) was arrested after police raided a house and recovered a large quantity of charas, opium and ganja. He was convicted by the trial court and the conviction was affirmed by the High Court under Sections 8/18, 8/20(B)(ii) and 8/20(B)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. On appe…
CHUNDURU SIVA RAM KRISHNA AND ANR.versusPEDDI RAVINDRA BABU AND ANR.
2009 INSC 40325 March 2009Appeal(s) allowed
The Supreme Court examined a petition under Section 482 of the CrPC filed by several family members of a rice‑mill proprietor who were charged under IPC sections 406, 420 and 424 r/w 34 for allegedly cheating paddy suppliers. The High Court had rejected the petition, holding that a prima facie case existed against all …
STATE OF PUNJAB & ORS.versusPARAMJIT KAUR & ORS.
2009 INSC 40425 March 2009Disposed off
The petitioners filed a writ of habeas corpus alleging that the husband of one petitioner had disappeared while in police custody. The Punjab & Haryana High Court directed the State to pay Rs.1,50,000 as compensation, attributing the disappearance to police remissness. The State and the police appealed, contending that…
RAJESH PANDEYversusSTATE OF U.P.
2009 INSC 40525 March 2009Case Partly allowed
The appellant Rajesh Pandey's wife died from burns five years after their marriage. The prosecution alleged that Pandey, his parents and sister harassed the wife for dowry and burned her to death by pouring keroselle. The trial court convicted all accused under IPC sections 3048 and 498A and under sections 3 and 4 of t…
U.P.S.R.TC.versusJAGDISH PRASAD GUPTA
2009 INSC 40625 March 2009Disposed off
The appellant, Uttar Pradesh State Road Transport Corporation, challenged the Allahabad High Court's summary dismissal of its writ petition against a Labour Court order reinstating a workman with 50% back wages. The High Court had issued notice, received a reply, and then dismissed the petition without providing any re…
M/S. PRAGATI SILICONS (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PANCHKULA
2009 INSC 40725 March 2009Disposed off
M/s Pragati Silicons (P) Ltd. manufactures plastic nameplates, emblems and logos used on motor vehicles and claimed that these items should be classified under heading 87.08/87.14 as parts and accessories of motor vehicles, thereby qualifying for exemption under notification 15/94 as amended. The Revenue classified the…
COMMISSIONER OF INCOME-TAX, NEW DELHIversusM/S ELI LILLY & COMPANY (INDIA) PVT. LTD.
2009 INSC 40825 March 2009Case Partly allowed
The Supreme Court examined whether the tax‑deduction‑at‑source (TDS) provisions in Chapter XVII‑B of the Income‑Tax Act are independent of the charging provisions that determine the assessability of salary income. It held that the TDS provisions are part of an integrated code and must be read with Section 9(1)(ii) (and…
SRI JYOTISH KAIBORTA & ORS.versusTHE STATE OF ASSAM & ORS.
2009 INSC 25425 February 2009Disposed off
The dispute concerned the selection of candidates for twelve Lower Division Assistant posts in the Assam Transport Department. The Guwahati High Court had set aside the select list dated 24 June 2003, holding the selection process unfair and improper, primarily on the basis of a perceived abnormal pattern in interview …
STATE OF HARYANA & ORS.versusBALDEV SPINNERS PVT. LTD. & ORS.
2009 INSC 25525 February 2009Appeal(s) allowed
The State of Haryana sought to withdraw an eligibility certificate granted to Baldev Spinners Pvt. Ltd. under Rule 28A of the Haryana General Sales Tax Rules, 1975, on the ground that the applicant failed to produce a NOC/CLU certificate for agricultural land. The applicant had not disclosed that its unit was situated …
STATE OF U.P.versusDINESH
2009 INSC 25625 February 2009Dismissed
The State of Uttar Pradesh appealed the acquittal of Dinesh, who had been convicted for murder under IPC s.302 and later acquitted by the Allahabad High Court. The High Court found material infirmities and contradictions in the testimony of two key eyewitnesses and noted that medical evidence contradicted the ocular ac…
NARAYANversusSTATE OF RAJASTHAN
2009 INSC 25725 February 2009Dismissed
The appellant Narayan was convicted for the murder of his wife Hunji and for causing the disappearance of evidence under Sections 302 and 201 of the Indian Penal Code. The dead body was discovered in a trunk at a bus stand, identified as Hunji, and the prosecution relied entirely on circumstantial evidence such as the …
MANI @ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE
2009 INSC 25825 February 2009Dismissed
The Supreme Court examined the murder of Prabha, for which seven accused were convicted under Section 302 IPC. The prosecution’s case rested primarily on the testimony of the victim’s mother (PW1), who narrated that the accused, armed with knives, had threatened and later chased and killed her son. Although several oth…
MANI@ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE
2009 INSC 25925 February 2009Dismissed
The appellants, a group of seven men, formed an unlawful assembly armed with knives and murdered Prabha, the son of PW‑1, after threatening him at the mother’s house. PW‑1, the mother, testified that the accused had previously killed her other son Babu and later threatened and killed Prabha; her testimony was corrobora…
AMIN KHANversusSTATE OF RAJASTHAN AND ORS.
2009 INSC 26025 February 2009Dismissed
Six accused, including Mubin and Amin, were alleged to have assaulted a person, stolen Rs.1.61 lakh and murdered a petrol pump owner. The trial court acquitted them of offences under Section 396 IPC and Sections 3 and 35 of the Arms Act. The State invoked Section 390 of the CrPC to have the High Court re‑arrest the acc…
ANNAMALAI UNIVERSITY REP. BY REGISTRARversusSECY. TO GOVT. INFN. & TOURISM DEPT. & ORS.
2009 INSC 26125 February 2009Dismissed
The Supreme Court examined whether the University Grants Commission (UGC) 1985 Regulations, which require a three‑year bachelor's degree before admission to a master's programme, apply to open universities and bind them. It held that the Regulations are statutory, mandatory and prevail over the Open University Act; con…
BHAGWAN KR I SHAN GUPTAversusPRABHA GUPTA & ORS.
2009 INSC 26225 February 2009Dismissed
The dispute arose between the heirs of Murari Lal Gupta (the testator) and the family of his brother Girdhari Lal Gupta over a property jointly owned by the brothers. The testator's will declared that the ground floor would vest in his four sons and the first floor in Girdhari's family, with both brothers having contri…
SATBIR SINGH & ORS.versusSTATE OF U.P.
2009 INSC 26325 February 2009Dismissed
The Supreme Court upheld the conviction of several accused who, amid a long‑standing family feud, assaulted and murdered Jagbandhan and Randhir and injured Mithan. The prosecution proved the offences under Sections 302, 149, 148 and 323 of the IPC using eye‑witness testimony, medical evidence and the existence of a com…
SAROJ ANAND & ORS.versusPRAHLAD RAI ANAND & ORS.
2009 INSC 26425 February 2009Dismissed
The case involved a partition suit among members of a joint family where counsel Y.K. Kapoor, appearing for all defendants, stated in court on 14 October 1999 that the defendants did not dispute the plaintiff's share in all the properties and were willing to sell them. A preliminary decree was passed on the basis of th…
NARESH KUMARversusKALA WATI & ORS.
2009 INSC 25225 February 2009Disposed off
The appellant, brother of the deceased, challenged the acquittal of respondents 1 and 2 for offences under sections 498A, 302 and 34 IPC by filing a revision petition in the Delhi High Court. On the scheduled hearing, the appellant’s counsel could not appear due to an accident, and only the State’s counsel was present.…
VISHAL SINGHversusSTATE OF RAJASTHAN
2009 INSC 25325 February 2009Dismissed
Vishal Singh and four accomplices attacked Kaluram and his relatives, inflicting fatal injuries with a knife. The trial court convicted Vishal Singh under Sections 302 and 341 of the IPC, a conviction upheld by the High Court. On appeal, the appellant argued that the killing occurred in a sudden quarrel, invoking Excep…
T. GNANAVELversusT.S. KANAGARAJ AND ANR.
2009 INSC 26525 February 2009Dismissed
BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.
2009 INSC 26625 February 2009Disposed off
The husband of the claimants was struck by a Bangalore Metropolitan Transport Corporation (BMTC) bus and died at age 53. The claimants sought compensation under Section 166 of the Motor Vehicles Act, 1988, alleging loss of dependency and consortium. The Motor Accidents Claims Tribunal awarded Rs 11,04,032 using a multi…
STATE OF KARNATAKA & ORS.versusG.V. CHANDRASHEKAR
2009 INSC 26725 February 2009Disposed off
The Supreme Court examined whether employees appointed on an ad‑hoc basis could be regularised in service. The respondents, who had served for more than ten years in various posts, sought regularisation with all consequential benefits after their applications were rejected by the State. The High Court had directed the …
ATUL MANUBHAI PAREKHversusCENTRAL BUREAU OF INVESTIGATION
2009 INSC 125624 November 2009Dismissed
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 Procedure, 1973, arguing…
RAJENDRAN CHINGARAVELUversusMR. R.K. MISHRA, ADDL. COMMISSIONER OF IT & ORS.
2009 INSC 125724 November 2009Disposed 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 Tax Act; the inciden…
UNION OF INDIA & ORS.versusHAR DAYAL
2009 INSC 125824 November 2009Disposed 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 credited cash compensatio…
RUPA RANI RAKSHIT AND ORS.versusJHARKHAND GRAMIN BANK AND ORS.
2009 INSC 125924 November 2009Dismissed
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, performance and interv…
C. I. T.versusATUL MOHAN BINDAL
2009 INSC 106624 August 2009Appeal(s) allowed
The assessee, Atul Mohan Bindal, filed his income tax return for AY 2002-03 and later the Assessing Officer added salary earned in Singapore, a retrenchment compensation, and interest income, imposing a penalty under Section 271(1)(c) of the Income Tax Act. The assessee contended that the additions were made on his own…
C.N. MALLAversusSTATE OF JAMMU AND KASHMIR & ORS.
2009 INSC 106724 August 2009Case Partly allowed
The appellant, a doctor employed as Assistant Surgeon, was terminated in 1987 after allegedly remaining absent beyond sanctioned leave, despite his claims of pending leave extensions for further training. He challenged the termination in a writ petition, and the Single Judge of the High Court set aside the termination …
CHAIRMAN-CUM-MANAGING DIRECTOR, COAL INDIA A LIMITED & ANR.versusMUKUL KUMAR CHOUDHURI & ORS.
2009 INSC 106824 August 2009Case Partly allowed
Mukul Kumar Choudhuri, a System Officer of Coal India, overstayed his sanctioned leave and was absent without authorization for six months. He admitted the charges in a departmental inquiry, after which the Inquiry Officer found the misconduct proved and recommended removal from service. The High Court set aside the re…
INDIAN OIL CORPORATION LTD. & ORS.versusM/S. RAJA TRANSPORT (P) LTD.
2009 INSC 106924 August 2009Appeal(s) allowed
The dispute arose from a dealership agreement between Indian Oil Corporation Ltd. (the appellant) and M/s. Raja Transport (P) Ltd. (the respondent) which contained an arbitration clause mandating that any dispute be referred to the Director, Marketing of the corporation or a person nominated by him. After the corporati…
V. KANNANversusSTATE REP. BY INSPECTOR OF POLICE
2009 INSC 107024 August 2009Dismissed
The complainant, A. Alexander, alleged that the site engineer V. Kannan demanded a bribe of Rs 5,000 to clear a pending railway contract bill. A trap was arranged by the CBI, with independent witnesses and forensic tests (phenolphthalein and sodium carbonate) confirming the presence of the money on Kannan's hands. Kann…
CONSUMER EDUCATION & RESEARCH SOCIETYversusUNION OF INDIA & ORS.
2009 INSC 106524 August 2009Dismissed
The Consumer Education & Research Society filed writ petitions under Article 32 challenging the Parliament (Prevention of Disqualification) Amendment Act, 2006, which retrospectively added 55 offices of profit to the exempted list under the Parliament (Prevention of Disqualification) Act, 1959. The petitioners argued t…
SRI VENKATESWARA SYNDICATEversusORIENTAL INSURANCE COMPANY LTD. AND ANR.
2009 INSC 107124 August 2009Case Partly allowed
Sri Venkateswara Syndicate, a cotton trading partnership, suffered an accidental fire in its godown and claimed Rs.1.90 crore under its fire insurance policies with Oriental Insurance Company Ltd. The insurer appointed a series of surveyors – a licensed surveyor, joint surveyors, a second surveyor, and finally a charte…
UNDAVALI NARAYANA RAOversusSTATE OF A.P.
2009 INSC 94524 July 2009Dismissed
Undavalli Narayana Rao was convicted under Section 498A of the IPC for subjecting his wife, Malathi Devi, to cruelty and dowry harassment that allegedly drove her to suicide. The trial court found that the husband and his mother repeatedly demanded property, threatened the wife, and forced her to alienate land, leading…
RAM BABU TIWARIversusSTATE OF M.P. & ANR.
2009 INSC 59924 April 2009Disposed off
Ram Babu Tiwari was arrested along with two others for alleged murder under IPC sections 307 and 34. He obtained bail on 27 May 2008 from the Sessions Court. The State filed an application under CrPC s.439 seeking cancellation of bail, alleging that Tiwari fired the fatal shot, had threatened a witness, and that co‑acc…
MITALIversusDABABRATA
2009 INSC 60024 April 2009Disposed off
The wife filed a transfer petition in the Supreme Court seeking to move a divorce suit under Section 13(1)(a) of the Hindu Marriage Act, pending in Delhi, to a court in Nagpur. The parties subsequently reached a settlement wherein they agreed to file a joint petition under Section 13(8) for divorce by mutual consent in…
SAKTIversusSTATE OF A.P. & ORS.
2009 INSC 60124 April 2009Disposed off
The petitioner, SAKTI, filed a writ petition seeking the appointment of an officer under Section 21 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to initiate prosecutions and ensure safety for Scheduled Tribes in several mandals of West Godavari district. The Andhra Pradesh High Cour…
BIKRAM DORJEEversusSTATE OF WEST BENGAL
2009 INSC 60424 April 2009Case Partly allowed
Bikram Dorjee was convicted under Section 304 (Part I) of the Indian Penal Code for stabbing Santosh Dorjee, who later died. The trial court sentenced him to life imprisonment, a sentence affirmed by the Calcutta High Court. He appealed to the Supreme Court, challenging the quantum of the sentence. The Court held that …
RAMAN KUMARversusSTATE OF PUNJAB
2009 INSC 60524 April 2009Appeal(s) allowed
Raman Kumar was convicted by the High Court for dowry death under Sections 304B and 498A of the IPC based on the death of his wife Suman Bala, who allegedly died from burns after being allegedly harassed for dowry. The Supreme Court examined whether the prosecution had proved the essential ingredients of a dowry death,…
RAMESH BHAI & ANR.versusSTATE OF RAJASTHAN
2009 INSC 60624 April 2009Appeal(s) allowed
The appellants, Ramesh Bhai and another, were convicted under IPC sections 302, 120B and 201 for allegedly administering poisonous injections that caused the death of Purshottam Bhai after giving him coffee laced with sleeping pills. The prosecution's case rested solely on circumstantial evidence, chiefly that the inje…
PREM SINGHversusSTATE (N.C.T) DELHI
2009 INSC 59824 April 2009Appeal(s) allowed
The appellant Prem Singh was charged with shooting Preetam Pyare and his son, leading to the latter's death, under Section 307 IPC and Section 27 of the Arms Act. The trial court convicted him, and the Delhi High Court affirmed the conviction on the basis that the pistol recovered from the appellant matched the bullet …
SANTHANAMversusSTATE OF TAMIL NADU
2009 INSC 60724 April 2009Case Partly allowed
Santhanam and a co‑accused were charged with murder after Santhanam struck a farm‑servant with a wooden log during a dispute over a water pipeline, causing head injuries that led to the victim's death. The trial court convicted Santhanam under Section 302 IPC and sentenced him to death; the High Court affirmed the conv…
RATAN SINGHversusSTATE OF M.P. & ANR.
2009 INSC 60824 April 2009Appeal(s) allowed
The case concerned a petition under Section 482 of the CrPC filed by the accused (respondent No.2) seeking quashing of charges framed under Sections 307, 148, 323 read with 149, 341 and 294 of the IPC. The High Court allowed the petition on the ground that the injuries inflicted were simple and did not involve any vita…
NEPAL SINGHversusSTATE OF HARYANA
2009 INSC 60924 April 2009Appeal(s) allowed
The appellant, Nepal Singh, was charged with dowry demand and cruelty leading to his wife's suicide under Sections 304‑B and 498‑A IPC. The trial court acquitted him, finding no evidence of any dowry demand and granting him the benefit of doubt. The High Court reversed the acquittal and convicted him. On appeal, the Su…
RAJA RAM KASHYAP & ORS.versusSTATE OF U.P. & ANR.
2009 INSC 60324 April 2009Disposed off
The appellants and respondents settled their dispute and sought to compound the offences alleged against them under Sections 406 and 420 of the Indian Penal Code. The question before the Supreme Court was whether these offences are compoundable under Section 320(2) of the Code of Criminal Procedure, 1973, and whether t…
SHARIFF AHMED & ORS.versusSTATE (NCT OF DELHI)
2009 INSC 60224 April 2009Appeal(s) allowed
The Metropolitan Magistrate ordered the investigating officer to add Section 307 of the IPC to the case and to investigate that offence. The High Court upheld this direction, but the Supreme Court held that such a directive interferes with the statutory power of the police to investigate and exceeds the court's jurisdi…
M.D. SONALIKA INTERNATIONAL TRACTOR LTD.versusDINESH SHARMA & ORS.
2009 INSC 39224 March 2009Appeal(s) allowed
The plaintiff purchased a tractor from a dealer, alleging that the dealer misrepresented the engine's horsepower. After a consumer forum dismissed his complaint, he filed a criminal complaint under IPC sections 1208, 420 and 468 against both the dealer and the tractor manufacturer. The magistrate dismissed the complain…
INDIAN BANKSversusGODHARA NAGRIK COOP CREDIT SOCIETY LTD. & ANR. ETC. ETC.
2009 INSC 39424 March 2009Appeal(s) allowed
The Supreme Court was asked to clarify certain directions given in its 16 May 2008 judgment concerning the Indian Bank scam involving cooperative societies' fixed deposits (FDRs). The Court observed that, unlike the Bank of Baroda case, there was no Central Bureau of Investigation (CBI) probe in the Indian Bank matters…
M/S. UNITED INDIA INSURANCE CO. LTD.versusSUKH DEO YADAV
2009 INSC 39524 March 2009Disposed off
The insurer, United India Insurance Co., denied a claim for damage to a Jeep that met with a fatal accident on 9 June 2004, alleging fraud because the driver, Amitabh Singh (alias Munna Singh), did not possess a valid driving licence. The vehicle’s owner, Sukhdeo Yadav, contended that the actual driver was his son Sanj…
ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.
2009 INSC 39624 March 2009Appeal(s) allowed
The case involved Oriental Insurance Co. Ltd., which appealed a decision of the Jharkhand High Court that dismissed its claim under the Motor Vehicles Act, 1988. The High Court had held that the insurer had not obtained leave to contest the claim under section 170 after the vehicle owner failed to take interest, and th…
NIRBHAI KUMARversusMAYA DEVI & ORS.
2009 INSC 39324 March 2009Appeal(s) allowed
The appeal concerned the interpretation of the proviso to Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The appellant, Nirbhai Kumar, argued that the three‑year bar on eviction of a sitting tenant after a change of ownership and the six‑month notice requirem…
U.P. JAL NIGAM, LUCKNOWversusMANJU GOEL & ORS.
2009 INSC 39724 March 2009Disposed off
The Motor Accident Claims Tribunal awarded Rs.9,18,288 to victims of a 1979 accident, directing Uttar Pradesh Jal Nigam (UPJ) to pay. UPJ appealed to the Allahabad High Court, but after the reorganization of Uttar Pradesh, the appeal was transferred to the newly created Uttarakhand High Court. Unaware of this transfer,…
MS. INS. MALHOTRAversusDR. A. KRIPLANI & ORS.
2009 INSC 39824 March 2009Dismissed
The appellant, sister of the deceased Priya Malhotra, alleged that doctors and Bombay Hospital were negligent, leading to Priya's death from peritonitis and renal failure. The National Consumer Disputes Redressal Commission dismissed the complaint for lack of proof of negligence, a decision the appellant challenged bef…
WOODS BEACH HOTELS LTD.versusMAPUSA URBAN CO-OPERATIVE BANK OF GOA LTD. & ORS.
2009 INSC 39924 March 2009Disposed off
The Bank of Goa extended a loan to a firm of its director and secured it by mortgaging the appellant’s property “Soranto”. After obtaining an award, the bank executed attachment and later purchased the property itself, subsequently conducting an auction in which Softitel Hospitality & Management emerged as the highest …
NATIONAL AVIATION COMPANY OF INDIA LTD.versusS.M.K. KHAN
2009 INSC 40024 March 2009Appeal(s) allowed
The respondent, S.M.K. Khan, a security assistant with Indian Airlines, was reviewed under Regulation 12 of the Indian Airlines Employees Service Regulations upon reaching the age of 55. The competent authority found his performance unsatisfactory and issued a notice of compulsory retirement, later extending his servic…
FOOD CORPORATION OF INDIAversusSUKH DEO PRASAD
2009 INSC 40124 March 2009Appeal(s) allowed
The Food Corporation of India (FCI) was ordered by a trial court to deposit rent payments for a godown it leased from borrowers into the bank’s loan account, an order that the bank sought as an interim direction. The bank later filed a contempt application under Order 39 Rule 2A of the CPC, alleging FCI’s disobedience …
ISOLUX- SOMA -OMAXE CONSORTIUMversusM/S. MADHUCON PROJECTS PVT. LTD. & ORS.
2009 INSC 40224 March 2009Disposed off
The dispute concerned a tender by the National Highways Authority of India (NHAI) for the design, construction and operation of a highway section under a Build‑Operate‑Transfer model. Out of 19 bidders, six were initially short‑listed as per clause 3.5.2 of the tender documents, which allowed up to six pre‑qualified ap…
C.M. GIRISH BABUversusC.B.I. COCHIN, HIGH COURT OF KERALA
2009 INSC 24324 February 2009Appeal(s) allowed
The appellant, C.M. Girish Babu, and another accused were tried for demanding and accepting a bribe under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and for criminal conspiracy under IPC s.1208. The trial court convicted them; the Kerala High Court upheld the conviction under s.7 but acqui…
MAHENDRA PRATAP SINGHversusSTATE OF U.P.
2009 INSC 24424 February 2009Appeal(s) allowed
The incident occurred on 12 February 1975 at Lalitpur bus stand where the appellant Mahendra Pratap Singh was alleged to have fired a single bullet from a rifle, causing the death of Devendra Singh and injuries to three others. The trial court acquitted him, but the Allahabad High Court convicted him under IPC sections…
VADIRAJ NAGGAPPA VERNEKAR (D) THROUGH LRS.versusSHARAD CHAND PRABHAKAR GOGATE
2009 INSC 24524 February 2009Dismissed
The suit concerned the ownership of a flat and the validity of letters of administration obtained by the respondent. A key witness, Sadanand Sheshgiri Shet, gave his evidence by affidavit under Order 17 Rule 4 CPC. The plaintiffs later moved a motion under Order 18 Rule 17 CPC seeking to recall the witness to adduce fa…
C.R. NAGARAJA SHETTYversusSPL. LAND ACQ. OFFICER & ESTATE OFFICER. & ANR.
2009 INSC 24624 February 2009Case Partly allowed
The appellant owned 35 guntas of land in Bangalore South Taluk that was acquired for the widening of a National Highway under the Land Acquisition Act, 1894. Initial compensation of Rs.10 per square foot was enhanced to Rs.27.50 by the Reference Court and further to Rs.75 per square foot by the Karnataka High Court, wh…
SHIROMANI GURUDWARA PRABANDHAK COMMITTEEversusMAHANT PREM DASS
2009 INSC 24724 February 2009Dismissed
The SGPC applied under Section 7 of the Sikh Gurdwaras Act, 1925 to have the institution known as Gurdwara Sahib Gurdwara Bhagat Bhagwan declared a Sikh gurdwara. The Sikh Gurdwaras Tribunal initially held it to be a Sikh gurdwara, but the Punjab & Haryana High Court reversed that decision, finding the institution to b…
STATE OF WEST BENGAL & ORS.versusRATNAGIRI ENGINEERING PVT. LTD. & ORS.
2009 INSC 25024 February 2009Disposed off
The State of West Bengal appealed against a Calcutta High Court order that had resumed land held by an intermediary under the West Bengal Estates Acquisition Act, 1953. The appeals raised three questions: (1) whether the proviso to Section 6(3) of the 1953 Act remains effective after the West Bengal Land Reforms Act, 1…
STATE OF U.PversusGAJEY SINGH & ANR.
2009 INSC 25124 February 2009Dismissed
The case arose from the killing of Lakhi Ram, who was shot by Rajpal Singh after a quarrel involving the accused Gajey Singh and his father Mehar Singh. The trial court convicted Gajey Singh and Rajpal Singh for murder under Section 302 read with Section 34 IPC, but the High Court acquitted them, holding that the prose…
M/S ATUL COMMODITIES PVT. LTD. & ORS.versusCOMMISSIONER OF CUSTOMS, COCHIN-9
2009 INSC 24824 February 2009Dismissed
The appellant imported second‑hand photocopier machines in January 2005 under the "general imports" category of the Foreign Trade Policy (FTP) 2004‑09. The Customs authority treated the machines as "restricted" under para 2.17 of the FTP, relying on DGFT circulars and seized them. The Supreme Court held that the machin…
KESHAVversusSHIVAJIRAO & ORS.
2009 INSC 24924 February 2009Disposed off
The appellant challenged a Bombay High Court order that deleted his name from the electoral roll on the ground that the election programme had not yet been declared. The High Court had relied on the fact that the election programme was pending, while the appellant argued that the programme was published on 17‑18 Februa…
KATTINOKKULA MURALI KRISHNAversusVEERAMALLA KOTESWARA RAO & ORS .
2009 INSC 125223 November 2009Appeal(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 contained vague, non‑…
SATYAPAL SINGHversusUNION OF INDIA & ANR.
2009 INSC 125323 November 2009Dismissed
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 April 2009. The peti…
JAIPUR VIDYUT VITRAN NIGAM LTD. AND ORS.versusNATHU RAM
2009 INSC 125423 November 2009Dismissed
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 for the suspension per…
M/S. S.B. MINERALSversusM/S. MSPL LIMITED
2009 INSC 125523 November 2009Dismissed
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 Code of Civil Procedur…
V.K. JAINversusHIGH COURT OF DELHI THROUGH R.G. AND ORS.
2008 INSC 108023 September 2008Appeal(s) allowed
V.K. Jain, a Special Judge of the Delhi Higher Judicial Service, challenged harsh and derogatory remarks made by the Delhi High Court in an order that criticised his conduct in granting bail and imposing conditions on a CBI case. The appellant argued that the remarks were unmerited, violated natural justice, and damage…
NATIONAL INSURANCE CO. LTD .versusGURUMALLAMMA & ANR.
2009 INSC 94123 July 2009Case Partly allowed
The mother of a 22‑year‑old deceased, who died in a motor‑vehicle accident, filed a claim under Section 163A of the Motor Vehicles Act, 1988. The Tribunal and the Karnataka High Court accepted the deceased’s alleged monthly income of Rs 3,300 and applied a multiplier of 17, awarding Rs 4,78,300 as compensation. On appe…
RESHMA KUMARI AND OTHERSversusMADAN MOHAN AND ANOTHER
2009 INSC 94223 July 2009Matter referred to larger bench
The Supreme Court examined the method of calculating compensation under the Motor Vehicles Acts of 1939 and 1988, focusing on whether the multiplier in the Second Schedule must be applied rigidly and what criteria should guide the determination of the multiplicand (future earnings). The Court noted that earlier decisio…
P.K. PALANISAMYversusN. ARUMUGHAM & ANR.
2009 INSC 94323 July 2009Appeal(s) allowed
The appellant filed a suit for recovery of money in 1998 with a deficit court fee, seeking extensions under Sections 148, 151 and later Section 149 of the CPC because stamp fee papers were unavailable. The deficit fee was eventually paid and the court condoned a 272‑day delay in presenting the plaint. The respondents, …
PANTANGI BALARAMA VENKATA GANESHversusSTATE OF AP.
2009 INSC 94423 July 2009Dismissed
The case concerns the murder of MP Magunta Subbarama Reddy, his gunman, and injuries to two witnesses. Accused No.1, Pantangi Balarama Venkata Ganesh, a member of the Peoples War Group, was arrested on the day of the incident with a pistol, cartridges and a pink shirt bearing his blood. Eye‑witnesses, DNA profiling lin…
NAFE SINGHversusSTATE OF HARYANA
2009 INSC 59423 April 2009Case Partly allowed
Three men, including Nafe Singh, attacked a group of farmers over a dispute concerning agricultural land, using weapons such as a ballam, gandasi and lathi. During the assault, Bhanwar Singh was killed and two others were injured. The trial court convicted all three under Sections 302, 323 and 324 read with Section 34 …
SURENDRA SINGH BENIWALversusHUKAM SINGH & ORS
2009 INSC 59523 April 2009Appeal(s) allowed
The case concerned a lecturer who, after voluntarily transferring from one intermediate college to another, claimed that his seniority should be based on his original appointment date, placing him above a colleague already serving at the receiving college. The High Court had set aside the single judge’s order that had …
PREM CHANDRA AGARWAL & ANR.versusU.P. FINANCIAL CORPN. & ORS.
2009 INSC 59723 April 2009Dismissed
Prem Chandra Agarwal & Anr. appealed to the Supreme Court against an interim order passed by the Allahabad High Court in a writ petition. While the appeal was pending, the High Court delivered a final judgment in the same matter, thereby rendering the earlier interim order subsumed into the final order. The Supreme Cou…
DINA NATH @ DAULATversusSTATE OF HIMACHAL PRADESH
2009 INSC 59123 April 2009Disposed off
The appellant, Dina Nath (Daulat), appealed against his conviction, asserting that he was a minor at the time of the offence committed on 15 June 1990, based on his claimed birth date of 6 March 1973. The sole issue before the Supreme Court was whether the appellant qualified as a "juvenile in conflict with law" under …
STATE OF M.P.versusMUNSHI SINGH & ORS.
2009 INSC 59323 April 2009Dismissed
The State of Madhya Pradesh appealed the acquittal of Munshi Singh and others for the murder of Sobran. The trial court had found the testimony of three eye‑witnesses unreliable and, relying on ballistic evidence that contradicted their statements, acquitted the accused. The High Court upheld this acquittal, holding th…
STATE OF PUNJABversusLEELA
2009 INSC 59223 April 2009Disposed off
The State of Punjab prosecuted Leela under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. The trial court convicted him, sentencing him to 11 years' rigorous imprisonment and a fine. On appeal, the Punjab & Haryana High Court acquitted Leela, holding that no indepen…
SIATE OF PUNJABversusNIRMAL SINGH
2009 INSC 59623 April 2009Appeal(s) allowed
The trial court convicted Nirmal Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing poppy husk recovered from his house and sentenced him to ten years' rigorous imprisonment and a fine. The Punjab and Haryana High Court acquitted him, holding that the parameters of Section…
HARIversusSTATE OF MAHARASHTRA
2009 INSC 38523 March 2009Dismissed
Hari, the appellant, was convicted under Section 302 IPC for murdering his cousin Khemsingh and sentenced to life imprisonment, with a co‑accused also convicted under Section 324. The appellant challenged the conviction on three grounds: a delay of a few hours in lodging the FIR, the prosecution’s failure to explain in…
LAL KAMLENDRA PRATAP SINGHversusSTATE OF U.P.& ORS.
2009 INSC 38623 March 2009Dismissed
The petitioner filed a writ petition under Articles 226 and 136 of the Constitution seeking quashing of an FIR (Crimes No.1133/2007) alleging offences under Sections 467, 468, 471, 420, 409 and 218 of the IPC. The High Court refused to quash the FIR but directed that bail would be considered if the petitioner surrender…
VIMAL CHAND GHEVARCHAND JAIN & ORS.versusRAMAKANT EKNATH JAJOO
2009 INSC 38723 March 2009Appeal(s) allowed
The appellant partnership firm claimed title to four godowns in Nasik based on a registered deed of sale executed in 1974 by the respondent's father. The respondent occupied the property as a licencee and later contested the deed, alleging it was a security for a Rs.50,000 loan. The trial court dismissed the suit, hold…
BELLACHI (DEAD) BY LRversusPAKEERAN
2009 INSC 38823 March 2009Dismissed
Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and for finding no evide…
URMILA ROY & ORS.versusM/S.BENGAL PEERLESS HOUSING DEVELOPMENT COMPANY LTD. & ORS.
2009 INSC 38923 March 2009Dismissed
The appellants, who owned land intended for an international school and other projects, challenged the State's acquisition of their land for a housing scheme that was to be executed by a private joint‑sector company, Bengal Peerless. The High Court initially set aside the acquisition, but a Division Bench later upheld …
ABDULWAHAB ABDULMAJID BALOCHversusSTATE OF GUJARAT
2009 INSC 38423 March 2009Appeal(s) allowed
The appellant was part of a group that abducted Bhagvandas Sindhi and attempted to extort money; when the victim resisted, the appellant allegedly fired a revolver at him, causing a fatal head wound. The weapon and a bullet were later recovered, and a ballistic expert testified that the bullet was fired from the seized…
VISHWANATH BAPURAO SABALEversusSHALINIBAI NAGAPPA SABALE & ORS.
2009 INSC 39023 March 2009Dismissed
The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs of Shivappa sued Vis…
JAISHREE ANANT KHANDEKARversusSTATE OF MAHARASHTRA
2009 INSC 39123 March 2009Dismissed
The victim Aruna suffered severe burns after the appellant Jaishree allegedly poured kerosene on her and set her alight; Aruna died fifteen days later. During her dying period she gave five dying declarations, which were recorded by medical staff and police. The trial court convicted Jaishree of murder under Section 30…
STATE OF RAJASTHANversusHANIF KHAN & ANR.
2009 INSC 23423 February 2009Appeal(s) allowed
The daughter of complainant Billu Khan went missing and was later found dead. The trial court convicted Hanif Khan and others under IPC sections 376(2)(g) (rape), 302 r/w 34 (murder), and 201 r/w 34 (concealment of body). The High Court, without discussing the testimony of PW2 (the wife of an accused who was an eyewitn…
SYED HAKKIM AND ANRversusSTATE REP. BY DY. SUPERINTENDENT OF POLICE, KARUR DISTRICT, TAMIL NADU
2009 INSC 23523 February 2009Case Partly allowed
The appellants, a husband and his in‑laws, were convicted for the death of the wife by strangulation allegedly motivated by a dowry demand. Both the trial court and the Madras High Court upheld convictions under IPC sections 302 (murder) and 498A (dowry death based on dowry demand). On appeal, the Supreme Court examine…
S.K. JAIN.versusSTATE OF HARYANA AND ANR.
2009 INSC 23323 February 2009Dismissed
The appellant, a contractor, entered into a contract with the State of Haryana to construct an office building, which contained an arbitration clause and a sub‑clause requiring the contractor to deposit a security of 7% of the claim amount before arbitration could commence. A dispute arose, the contractor filed a claim…
PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANOTHERversusUNION OF INDIA AND ANOTHER
2009 INSC 23823 February 2009Matter referred to larger bench
The petitioners sought to strike down Rules 41(2) and 49‑0 of the Conduct of Election Rules, 1961 and to direct the Election Commission to provide for negative voting and its secrecy in ballot papers and EVMs. The Court examined the constitutional status of the right to vote, the concept of negative voting, and the sco…
STATE OF KERALA & ANR.versusMAHESH KUMAR & ORS.
2009 INSC 23923 February 2009Dismissed
The State of Kerala introduced a "direct payment system" for staff of Dr. Padiar Memorial Homoeopathic Medical College, fixing 40 senior teaching and 50 non‑teaching staff for salary payment. Eight teaching staff members (the respondents) were excluded from the list despite holding recognized homoeopathic qualification…
STATE OF KERALA & ANR.versusNAVEENA PRABHU & ORS.
2009 INSC 24023 February 2009Appeal(s) allowed
The State of Kerala entered into an agreement with Dr. Padiar Memorial Homoeopathic Medical College to introduce a 'direct payment system' for its teaching and non‑teaching staff, effective from 1 January 2000. Subsequent Government Orders expressly excluded the staff of the hospital attached to the college from this b…
PEPSU ROAD TRANSPORT CORPN. PATIALA, THROUGH ITS GENERAL MANAGERversusKULWANT KAUR & ORS.
2009 INSC 24123 February 2009Appeal(s) allowed
An accident occurred on 15‑10‑1982 and a claim petition was filed on 30‑11‑1982. The Motor Accidents Claims Tribunal dismissed the claim, but the Punjab & Haryana High Court allowed it, relying on Section 140 of the Motor Vehicles Act, 1988 (as amended on 14‑11‑1994) and directing a payment of Rs 50,000 as "no‑fault li…
STATE OF ORISSA AND ORS.versusKHIROD KUMAR NAYAK
2009 INSC 24223 February 2009Appeal(s) allowed
The petitioner, Khiroud Kumar Nayak, was appointed as "fourth peon" by the managing committee of an aided school under the Orissa Education Act, 1969. The State refused to approve the appointment, claiming it exceeded the prescribed staff yardstick, and the petitioner filed a writ petition. The Orissa High Court allowe…
SHIV KUMAR MISHRAversusSTATE OF GOA THROUGH HOME SECRETARY
2009 INSC 23623 February 2009Dismissed
Shiv Kumar Mishra was convicted under Section 20(b)(ii)(B) of the NDPS Act for possession of 1.31 kg of ganja and sentenced to three years' rigorous imprisonment. He appealed, arguing that the weight should exclude seeds, leaves, and moisture, which would reduce the quantity below the 1 kg threshold for a 'small quanti…
KOPPISETTY VENKAT RATNAM (D) THROUGH LRS.versusPAMARTI VENKAYAMMA
2009 INSC 23723 February 2009Disposed off
The Supreme Court examined a civil appeal challenging a High Court judgment that set aside the concurrent findings of fact of the trial court and the first appellate court without formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure (amended 1976). The Court reiterated …
SHRI RAJENDRA RAMCHANDRA KAVALEKARversusSTATE OF MAHARASHTRA & ANR.
2009 INSC 5723 January 2009Disposed off
The appellant, Rajendra Ramchandra Kavalekar, was accused of obtaining a forged degree from Ranchi University in collusion with university officials and using it to secure employment with ITDC. The CBI filed a case in Ranchi, Jharkhand, under sections 120(b), 420, 467, 468, 471 of the IPC and sections 13(2) and 13(1)(d…
NATIONAL INSURANCE COMPANY LTD.versusMEENA AGGARWAL
2009 INSC 5823 January 2009Appeal(s) allowed
The appellant insurer denied a claim for damage to a Maruti van insured for personal use after it was involved in an accident while being used as a taxi and driven by a person without a valid licence. The District Consumer Forum upheld the denial, but the State Consumer Commission reversed it, holding there was no fund…
MOHAN CHANDversusSTATE OF UTTARAKHAND
2009 INSC 5923 January 2009Dismissed
The appellant, a truck driver, was convicted under Section 376 of the Indian Penal Code for raping the prosecutrix, who was also assaulted by other accused persons. The appellant challenged the conviction on the ground that his name was not mentioned in the FIR, alleging false implication, and contended that the eviden…
THE STATE OF WEST BENGAL & ORS.versusSOMDEB BANDYOPADHYAY & ORS.
2009 INSC 6023 January 2009Appeal(s) allowed
The State of West Bengal appealed a Calcutta High Court judgment that had allowed a writ appeal filed by Somdeb Bandyopadhyay, who sought restoration as Superintendent and ex‑officio Secretary of a technical institute after an enquiry withdrew his administrative functions. The High Court, despite not condoning the dela…
EERATI LAXMANversusSTATE OF A.P.
2009 INSC 6123 January 2009Appeal(s) allowed
Eerati Laxman was convicted of murder under s.302 IPC for killing Pittala Chandrakala on 9 May 1994 and sentenced to life imprisonment. He contended that he was a juvenile under the Juvenile Justice Act, 1986, claiming his birth date was 10 May 1978, and thus had not attained the age of 16 at the time of the offence. T…
VAKIL PRASAD SINGHversusSTATE OF BIHAR
2009 INSC 6223 January 2009Appeal(s) allowed
Vakil Prasad Singh, an Assistant Engineer of the Bihar State Electricity Board, was accused in 1981 of demanding a bribe and a charge‑sheet was filed in 1982. The case languished for decades, with the High Court ordering a fresh investigation in 1990 that was never completed, and a new charge‑sheet only filed in 2007. …
RAJESHversusSTATE OF RAJASTHAN AND ANR.
2009 INSC 6323 January 2009Disposed off
The petitioner, Rajesh, sought transfer of a criminal case (FIR No.352 dated 7‑12‑2005) under Sections 406, 498A read with Section 34 IPC, pending in the Judicial Magistrate First Class, Chittorgarh, to a court in Hissar. The matter was posted before the Supreme Court Lok Adalat on 6‑12‑2008, where both parties appeare…
UNION OF INDIAversusRATTAN MALLIK @ HABUL
2009 INSC 6423 January 2009Disposed off
The respondent, Ratian Mallik, was convicted under Sections 27A and 29 of the NDNDPS Act for financing and trading 14.9 kg of heroin and sentenced to ten years' rigorous imprisonment for each offence along with fines. He appealed the conviction and, while his appeal was pending, sought suspension of the sentence and ba…
KHILARIversusSTATE OF U.P. & ORS.
2009 INSC 6523 January 2009Appeal(s) allowed
The appellants were convicted under Sections 302 and 506 of the IPC for the murder of Shiv Kumar. While the conviction was under appeal, the co‑accused (respondents 2 and 3) applied for bail under Section 389 of the CrPC. The Allahabad High Court granted bail without recording detailed reasons, relying merely on the ab…
MANAGING DIRECTOR, TNSTCversusSUGUNA AND ORS.
2009 INSC 6623 January 2009Case Partly allowed
A 24‑year‑old motorcyclist died when a bus owned by the appellant, TNSTC, collided with him in 1998. The deceased's widow and children filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accidents Claim Tribunal (MACT) fixed a notional monthly income of Rs.1,500 for the deceased, due t…
M/S. ANSAL PROPERTIES & INDUSTRIES LTD.versusSTATE OF HARYANA & ANR.
2009 INSC 6723 January 2009Appeal(s) allowed
Ansal Properties & Industries Ltd., a colonizer, was directed by the Director, Town and Country Planning, Haryana to pay Rs.61,000 per gross acre as part of external development charges, allegedly for internal community buildings. The appellant contended that the demand was unauthorized because the land for such buildi…
GIRDHAR KUMAR DADHITCH AND ANR.versusST ATE OF RAJASTHAN AND ORS.
2009 INSC 6823 January 2009Dismissed
The appellants sought appointment to two vacant Physical Education Teacher posts after a 1998 recruitment, claiming they were entitled under the merit list prepared that year. The recruitment rules granting bonus marks were declared unconstitutional by the Rajasthan High Court in 1999, and the Supreme Court in Kaushal …
AMLAN JYOTI BOROOAHversusSTATE OF ASSAM AND ORS.
2009 INSC 6923 January 2009Dismissed
The Assam Police advertised 112 Sub‑Inspector vacancies requiring a written test, a physical ability test and an interview, with the interview to follow the two tests. The Selection Committee, however, conducted interviews before the physical test, a procedural deviation the Supreme Court held to be a serious error. Th…
ACADEMY OF GENERAL EDU., MANIPAL & ANR.versusB. MALINI MALLYA
2009 INSC 5623 January 2009Dismissed
Dr. Karanth, a noted cultural figure, created a new form of Yakshagana ballet called Yaksharanga, comprising seven Prasangas, and bequeathed the copyright in these works to Malini Mallya by a will. The Academy of General Education performed the ballets without obtaining permission, leading the trial court to grant a pe…
M/S BABA TRADING CO.versusVIDARBHA CHAMBER OF COMMERCE & INDUSTRIES & ORS.
2009 INSC 7023 January 2009Disposed off
The Civil Appeals (Nos. 390‑391 of 2009) concerned the extension of a commercial licence and the payment of the associated licence fee. The appellant, Mis Baba Trading Co., sought to continue as licencee beyond the original expiry date, while Respondent No. 6 (Mis Joshi Freight Carriers Dhule) applied for a new licence…
U.P. STATE ROAD TRANSPORT CORP.versusISLAMUDDIN
2009 INSC 7123 January 2009Case Partly allowed
The claimant, Islamuddin, suffered injuries in a motor accident on 3 December 2002 near GT Road, Shahdara, Delhi and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (MACT) fixed a compensation of Rs. 3,00,598 but deducted 40% on the ground of contributory negligence, reducing…
STATE OF KERALA & ORS.versusPRABHAVATHY THANKAMMA & ORS.
2009 INSC 7223 January 2009Dismissed
The petitioners challenged the Kerala Sales Tax authorities on the taxability of lottery tickets, arguing that they should be treated as "goods" under the sales tax statutes. The Supreme Court examined whether a lottery ticket, which is merely a paper evidencing a chance to win a prize, falls within the definition of "…
N. RADHAKRISHNANversusM/S. MAESTRO ENGINEERS & ORS.
2009 INSC 119522 October 2009Dismissed
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 he was no longer a p…
ALAGARSAMY AND ORS.versusSTATE REPRESENTED BY DY. SUPERINTENDENT OF POLICE
2009 INSC 119622 October 2009Dismissed
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 ground that the Fir…
HARYANA STATE INDUSTRIAL DEV. CORPN.versusSHAKUNTLA & ORS.
2009 INSC 119722 October 2009Disposed 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 same evaluation paramet…
VANNA CLAIRE KAURA THROUGH CONSTITUTED -Y ATTORNEY MRS. INDEERA BAWAversusGAURI ANIL INDULKAR & ORS.
[2009] 11 S.C.R. 28022 July 2009Disposed off
The petitioner, a US citizen of Indian origin, invested $640,000 in a water‑park venture with the respondents based on agreements dated 7 June 2000, 29 January 2005 and a supplementary agreement of 2 February 2005, which contained an arbitration clause. A dispute arose over the transfer of 25 acres of land, share alloc…
SIME DARBY ENGINEERING SDN. BHD.versusENGINEERS INDIA LTD.
[2009] 11 S.C.R. 28722 July 2009Case Allowed
The dispute arose from a subcontract between Sime Darby Engineering (Petitioner) and Engineers India Ltd (Respondent) for offshore fabrication work under an ONGC project. The parties' contract contained an arbitration clause that was silent on the number of arbitrators, and the Respondent relied on a policy stating tha…
HARYANA STATE CO-OPERATIVE SUPPLY MARKETING FEDERATION LIMITEDversusSANJAY
2009 INSC 94022 July 2009Appeal(s) allowed
The respondent, Sanjay, worked as a casual chowkidar for the District Manager of HAFED in Jind from August to December 1998 (145 days) and thereafter for the District Manager of HAFED in Hissar from January to May 1999 (112 days). He claimed that, having completed more than 240 days of continuous service in the year pr…
M/S. DELTA ENGINEERSversusSTATE OF GOA & ORS.
2009 INSC 57822 April 2009Case Partly allowed
The Supreme Court examined whether a barge‑repair workshop operating on private land along the Zuari River used government riverine land and could be charged rent by the Panaji Port Authority. The Court held that the workshop did use riverine land, which falls within the definition of a "landing place" and is subject t…
STATE OF RAJASTHAN & ANR.versusMIS. FERRO CONCRETE CONSTRUCTION PVT. LTD.
2009 INSC 58022 April 2009Appeal(s) allowed
The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and interest at 18% per annu…
PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.
2009 INSC 58622 April 2009Hearing Adjourned
The People's Union for Civil Liberties filed a writ petition under Article 32 seeking enforcement of revised nutritional and feeding norms for the Integrated Child Development Services (ICDS) Scheme to combat malnutrition among children, pregnant and lactating women. The Union of India submitted an affidavit indicating…
RAM NARAYANversusSTATE OF U.P.
2009 INSC 58722 April 2009Dismissed
The appellant Ram Narayan and eight others were tried for offences under Sections 147, 148, 302, 307 and 436 read with Section 149 of the Indian Penal Code arising from a three‑stage violent incident. The trial court acquitted all accused, relying on alleged inconsistencies in the FIR, the semi‑digested food found in t…
M.A. ANTONY @ ANTAPPANversusSTATE OF KERALA
2009 INSC 58822 April 2009Dismissed
The appellant, M.A. Antony, was convicted of murdering six members of a family in Kerala and sentenced to death, along with other imprisonments, based largely on circumstantial evidence. The prosecution relied on motive, the appellant's presence at the crime scene, forensic evidence such as fingerprints and scalp hair,…
T.K. MOHAMMED ABUBUCKER (D) THR. LRS. & ORS.versusP.S.M. AHAMED ABDUL KHADER & ORS.
2009 INSC 58922 April 2009Appeal(s) allowed
The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants were in possession. A …
STATE OF HIMACHAL PRADESHversusNARESH KUMAR @ KAKA & ORS.
2009 INSC 59022 April 2009Appeal(s) allowed
The Sessions Judge convicted the accused under IPC sections 302 read with 34 and 323 read with 34, sentencing them to life imprisonment. The Himachal Pradesh High Court later acquitted the accused, concluding that the prosecution’s version was not credible. The State of Himachal Pradesh appealed this acquittal to the S…
STATE OF PUNJABversusSURJIT SINGH & ANR.
2009 INSC 57922 April 2009Appeal(s) allowed
The trial court convicted Surjit Singh and another accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk seized by police. The prosecution relied on the testimony of several official witnesses, while an independent witness, Karnail Singh, who had participated …
RAMESH KUMAR @ TONIversusSTATE OF HARYANA
2009 INSC 58322 April 2009Disposed off
The appellant, while working in his field, struck Rajinder Pal on the head with a spade after a verbal altercation when the victim entered the field. The victim later died, and the trial court convicted the appellant under Section 302 of the IPC, sentencing him to life imprisonment, a decision upheld by the High Court.…
RAMJEE PRASAD & ANR.versusSTATE OF BIHAR
2009 INSC 58422 April 2009Appeal(s) allowed
The appellants, a father and son, were convicted for selling adulterated "Chhena Mithai". The Public Analyst reported adulteration with starch, and the Central Food Laboratory confirmed adulteration but did not specify starch. The trial court and first appellate court convicted them under Section 16(1)(a)(i) of the Pre…
MAHAVIR JANGONDA PATILversusDIRECTOR OF RESETTLEMENT & ORS.
2009 INSC 58522 April 2009Dismissed
The appellant challenged the Maharashtra Resettlement of Project Displaced Persons Act notifications that declared his village a benefited zone and the subsequent land acquisition under the Land Acquisition Act. He argued that a 1979 compromise and partition of his family’s land, which reduced his holdings, should be g…
STATE OF PUNJABversusHARJAGDEV SINGH
2009 INSC 58122 April 2009Disposed off
The State of Punjab prosecuted Harjagdev Singh for the murder of his parents. The accused was arrested, gave a disclosure statement that led to the recovery of the murder weapon, and subsequently made a confession before a Judicial Magistrate under Section 164 of the CrPC admitting his guilt. The trial court convicted …
MD. ABDUL KADIR & ANR.versusDIRECTOR GENERAL OF POLICE, ASSAM & ORS.
2009 INSC 58222 April 2009Case Partly allowed
The appellants, ex‑servicemen appointed as ad‑hoc border staff under the Prevention of Infiltration of Foreigners (PIF) Additional Scheme of 1987, challenged a 1995 circular that required annual termination and re‑appointment. They claimed that, since the scheme had been continuously extended for decades, they were ent…
NEW INDIA ASSURANCE CO. LTD.versusM/S ABHILASH JEWELLERY
2009 INSC 5522 January 2009Appeal(s) allowed
New India Assurance Co. Ltd. denied a claim by M/s Abhilash Jewellery for loss of gold that occurred while the jewellery was in the custody of an apprentice. The insurance policy covered loss while in the custody of the insured, his partner or his employees. The dispute turned on whether an apprentice qualifies as an "…
UNION OF INDIAversusT.M. SOMARAJAN & OTHERS
2009 INSC 119121 October 2009Dismissed
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 unsuccessful represe…
SURENDER KUMARversusUNION OF INDIA AND ORS.
2009 INSC 119221 October 2009Dismissed
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, conducted in accordance wi…
LEILA DAVIDversusSTATE OF MAHARASHTRA & ORS.
2009 INSC 119021 October 2009Disposed 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 of senior law office…
RAVINDRA & ASSOCIATESversusUNION OF INDIA
2009 INSC 119321 October 2009Appeal(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 rule of court, reduc…
M/S. S.B.P. & CO.versusM/S. PATEL ENGINEERING LTD. & ANR.
2009 INSC 119421 October 2009Appeal(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 arbitrator under Sec…
M.N. OJHA & ORS.versusALOK KUMAR SRIVASTAV & ANR.
2009 INSC 106321 August 2009Appeal(s) allowed
The appellants, bank officials, filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by a guarantor alleging offences under the IPC. The Sub‑Divisional Judicial Magistrate had taken cognizance of the complaint and issued non‑bailable warrants without examining…
FOOD CORPORATION OF INDIAversusSTATE OF PUNJAB
2009 INSC 106421 August 2009Case Partly allowed
The Food Corporation of India (FCI) claimed deductions for sales of tax‑free goods and sales to registered dealers under the Punjab General Sales Tax Act, 1948. The Assessing Authority rejected the claim, and the Sales Tax Tribunal upheld the rejection. FCI sought a reference of two questions of law to the High Court u…
SHUB KARAN BUBNA @ SHUB KARAN PRASADversusSITA SARAN BUBNA & ORS.
2009 INSC 106221 August 2009Dismissed
The petitioners sought a final decree for partition of property after a preliminary decree had been passed in 1964. The respondents argued that the application for a final decree was barred by the three‑year limitation period under Article 137 of the Limitation Act, 1963. The Supreme Court held that an application for …
JAI KUMARversusSTATE OF HARYANA
2009 INSC 92821 July 2009Dismissed
On 9 October 1991, Jai Kumar and co‑accused robbed money and a tractor and threw the victim, Raghbir Singh, into a canal. The victim, who was intoxicated, tried to climb out, was kicked on the face and thrown back into the water, resulting in his death. All accused were convicted under IPC sections 392, 397 and 302 rea…
RAMESH DUTI & ORS.versusSTATE OF PUNJAB & ORS.
2009 INSC 92921 July 2009Appeal(s) allowed
The appellants, members of the managing committee of Shastri Memorial School, obtained a civil decree for possession of a plot of land and later sold a portion of it, after which a First Information Report (FIR) was lodged alleging cheating and offences under Sections 420, 465, 467, 468, 471 and 120B of the IPC. The ap…
SONU BABU BHAMBID & ORS.versusDREAM DEVELOPERS & ORS.
2009 INSC 93021 July 2009Dismissed
The appellants, slum dwellers, entered into a rehabilitation agreement with the respondents, a developer, which required them to obtain an eligibility certificate before the scheme could be invoked. They failed to secure the certificate, yet the developer began commercial construction on the designated plot. The appell…
COMMISSIONER OF INCOME TAX, MADURAIversusM/S. SRI MANGAYARKARASI MILLS (P) LTD.
2009 INSC 93121 July 2009Appeal(s) allowed
M/s Sri Mangayarkarasi Mills (P) Ltd., a cotton yarn manufacturer, claimed a deduction of Rs. 61,28,150 for machinery replacement as revenue expenditure under Section 37 of the Income Tax Act, 1961. The Assessing Officer disallowed the claim, treating it as capital expenditure, a view upheld by the Commissioner of Inco…
NAND KISHOREversusYASHPAL SINGH
2009 INSC 93221 July 2009Appeal(s) allowed
The landlord (Nano Kishore) leased a portion of his residential house in Chandigarh to the tenant (Yashpal Singh) for residential use in April 1994, but the tenant began using the premises for commercial activities in December 1994 without the landlord's consent or permission from the Rent Controller. The landlord file…
NARENDRA S. CHAVAN & ORS.versusVAISHALI V. BHADEKAR,
2009 INSC 93321 July 2009Appeal(s) allowed
The tenant, after losing before the rent‑control appellate authority, filed a writ petition which was dismissed for non‑prosecution and a civil application for restoration which was also dismissed. Possession of the premises was then given to the landlords. Instead of challenging the dismissal order before a proper cou…
P.A. JAYALAKSHMIversusH. SARADHA AND ORS.
2009 INSC 93421 July 2009Dismissed
The respondents filed a suit for partition of property in 2004. The appellant filed her written statement in 2006 and later discovered a 1993 will that she claimed affected the ownership of the suit property. On 1 March 2007, after the trial had commenced and a witness had been examined, she applied under Order VIII Ru…
STATE OF KERALA AND ANOTHERversusPEOPLES UNION FOR CIVIL LIBERTIES, KERALA STATE UNIT AND OTHERS
2009 INSC 93521 July 2009Case Partly allowed
The Kerala High Court directed the State to implement the 1975 Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, but the State failed to comply, leading to multiple extensions and a contempt petition. The State subsequently enacted the 1999 Kerala Restriction on Transfer…
KISHAN LALversusDHARMENDRA BAFNA & ANR.
2009 INSC 93621 July 2009Dismissed
Kishan Lal filed a complaint alleging that nine (later ten) accused cheated him of Rs 4.65 crore. An FIR was lodged against all accused, but the charge‑sheet was filed only against Accused 1 and 2, and the Metropolitan Magistrate took cognizance of them. The complainant sought, under Section 173(8) of the CrPC, a direc…
INDERCHAND JAIN (D) THROUGH L.RS.versusMOTILAL (D) THROUGH L.RS.
2009 INSC 93721 July 2009Appeal(s) allowed
The parties entered into a sale agreement for a haveli; the buyer sued for specific performance and obtained a decree, which the seller appealed and had set aside. During the appeal the seller withdrew the amount deposited by the buyer, and the High Court again set aside the trial court decree. Both parties filed revie…
E.L.C.M. EXPORTS LIMITEDversusSOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR.
2009 INSC 93821 July 2009Case Allowed
ELCM Exports Ltd., an export house, filed a complaint before the National Consumer Disputes Redressal Commission seeking damages for a delayed shipment that was held in a US customs bonded warehouse, causing the foreign buyer to reject the consignment. The Commission dismissed the complaint as barred by the one‑year li…
AMRIT LAL AND ORS.versusMAHARANI AND ORS.
2009 INSC 93921 July 2009Dismissed
The appeal concerned a Mitakshara coparcenary property that the appellants claimed had become self‑acquired after a lease (patta) was allegedly granted by the village Zamindar under the Oudh Rent Act, 1886. The respondents contended that the land remained ancestral joint‑family property and that any lease did not dives…
ANNA REDDY SAMBASIVA REDDY & ORS.versusSTATE OF ANDHRA PRADESH
2009 INSC 57321 April 2009Dismissed
The case arose from a politically motivated clash between two village factions in Chinthalajuturu, Andhra Pradesh, where a group of accused attacked a jeep, killing two persons (D‑1 and D‑2) and injuring several witnesses. The first information report (FIR) was challenged as a fabricated document and the fitness of ser…
PARAS NATH SINGHversusSTATE OF BIHAR & ORS.
2009 INSC 57421 April 2009Case Partly allowed
Paras Nath Singh, a Class IV employee of the Bihar Department of Planning and Development, was given a provisional First Time Bound Promotion in 1995, which was cancelled after about ten years. The State directed recovery of Rs.1,01,529.50 from his salary, alleging he had undertaken to refund the amount if the promotio…
TARA CHAND & ORS.versusMUNICIPALITY GHARAUNDA
2009 INSC 57521 April 2009Case Partly allowed
The appellants filed a suit for permanent injunction against the Municipality, which was dismissed by the trial court. The first appellate court set aside that dismissal, but the High Court, in a second appeal, reversed the appellate court’s finding without first framing the substantial questions of law as mandated by …
S.E.B.IversusSAIKALA ASSOCIATES LTD.
2009 INSC 57621 April 2009Appeal(s) allowed
The respondents, Saikala Associates Ltd and others, acted as unregistered sub‑brokers in violation of Section 12(1) of the SEBI Act and Rule 3 of the Stock Brokers and Sub‑Brokers Rules, prompting SEBI to suspend their registration certificates. The Securities Appellate Tribunal (SAT) altered the penalty, substituting …
SREE KRISHNA ELECTRICALSversusSTATE OF TAMIL NADU & ANR.
2009 INSC 57721 April 2009Disposed off
Sree Krishna Electricals, a dealer registered under the Tamil Nadu General Sales Tax Act, 1959, was assessed sales tax and a penalty for the alleged sale of wet grinders during the assessment years 1992-93 and 1993-94. The dealer contended that only parts of wet grinders were sold, seeking exemption, and relied on the …
VIJAYKUMARversusSTATE BY INSPECTOR OF POLICE, MADRAS AND ANR.
2009 INSC 56521 April 2009Dismissed
The case concerned an assault with a sword and knife that resulted in the death of Johnson and injuries to others. The trial court acquitted the accused, but the Madras High Court set aside the acquittal, finding the prosecution evidence credible and convicting them under Sections 302, 341, 307 and 34 IPC. On appeal, t…
M/S. ARUL & CO.versusSTATE OF TAMIL NADU & ANR.
2009 INSC 56621 April 2009Disposed off
M/s. Arul & Co. challenged the levy of sales tax and a penalty imposed under the Tamil Nadu General Sales Tax Act, 1959, by filing a writ petition. The Madras High Court dismissed the petition, relying on an earlier Division Bench decision. On appeal, the higher court held that there was no ground to interfere with the…
STATE OF PUNJABversusMALKIAT SINGH
2009 INSC 57221 April 2009Dismissed
Contraband narcotics were recovered from a room owned by Pritam Singh, which the prosecution alleged had been leased to the accused, Malkiat Singh. The trial court convicted Malkiat Singh under section 15 of the NDPS Act, but the Punjab and Haryana High Court acquitted him, holding that the lease deed was not on record…
STATE OF RAJASTHANversusBABU LAL
2009 INSC 56721 April 2009Dismissed
The respondent, Babu Lal, was convicted by a trial court under Section 81(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of a large quantity of brown sugar. The Rajasthan High Court set aside the conviction, holding that the prosecution had failed to comply with the mandatory requirement …
STATE OF MAHARASHTRAversusGUNTABAI @ BHAGIRATHAIBAI & ORS.
2009 INSC 56821 April 2009Appeal(s) allowed
The State of Maharashtra appealed the acquittal of Guntabai @ Bhagirathabai and two others for murder (Sec. 302 IPC) and dowry death (Sec. 498A read with Sec. 34 IPC). The trial court had rejected the victim's dying declaration because no doctor’s certificate confirmed her consciousness, relying on Paparambaka Rosamma …
STATE OF M.P.versusLAAKHAN @ LAKHAN
2009 INSC 56921 April 2009Appeal(s) allowed
The State of Madhya Pradesh appealed a High Court order acquitting Lakhhan, who had been convicted by a trial court for the murder of a nine‑month‑old child under Section 302 read with Section 34 of the IPC. The trial court relied on the testimony of an informant (PW‑1), deeming it cogent and credible. The High Court s…
STATE OF RAJASTHANversusSHANTI
2009 INSC 57021 April 2009Dismissed
The State of Rajasthan charged Shanti and her family with offences under the NDPS Act for possession and sale of opium. Police, acting on a tip, stopped Shanti, seized 10 kg of opium from her bag and later recovered another 20 kg from her residence, also arresting her husband Shankar Lal. The trial court found violatio…
SATVIRversusSTATE OF UTTAR PRADESH
2009 INSC 4921 January 2009Dismissed
Eight persons were tried for the murder of Hari Dutt Singh. The trial court convicted all under Section 302 read with Section 149 IPC and sentenced them to life imprisonment. On appeal, the High Court converted the convictions of Satvir (appellant), Ram Saran and Harbir to Section 302 read with Section 34 IPC and acqui…
SHIVA KARAM PAYASWAMI TEWARIversusSTATE OF MAHARASHTRA
2009 INSC 5021 January 2009Case Partly allowed
Shiva Karam Payaswami Tewari, employed at Hotel Premier, got into a sudden quarrel with the manager Muttukumar and struck him with a wooden log, causing Muttukumar's death. The accused made an extra‑judicial confession to a friend, admitting the incident. The trial court convicted him under IPC sections 302, 321 and 20…
STATE OF MAHARASHTRAversusPRAKASH SAKHA VASAVE AND ORS.
2009 INSC 5121 January 2009Case Partly allowed
The State of Maharashtra prosecuted three accused—two brothers and their uncle—for the murder of Madhukar, alleging they acted out of jealousy over his illicit relationship. The trial court convicted them under IPC s.302 read with s.34 and sentenced the brothers to death and the uncle to life imprisonment. The Bombay H…
RANVEER SINGHversusSTATE OF M.P.
2009 INSC 5221 January 2009Dismissed
The appellant, Ranveer Singh, and his son Munnu were involved in a violent incident where the son shot and killed Lalita, the sister of the complainant, after the father allegedly instructed him to fetch a revolver. The trial court convicted the father under Section 302 IPC read with Section 109 (or Section 34) and sen…
ASIT KUMARversusSTATE OF WEST BENGAL & ORS.
2009 INSC 5321 January 2009Disposed off
The All Bengal Excise Licensees Association challenged the West Bengal government's policy of granting additional liquor licences, leading to a High Court stay order. A contempt petition alleging violation of that stay was dismissed, and the Supreme Court, in a prior judgment (All Bengal Licensees Association v. Raghab…
JAGDISH BAGRIversusRAJENDRA KUMAR LUHARIWALA AND ANR.
2009 INSC 5421 January 2009Disposed off
The appellant, Jagdish Bagri, was convicted under Section 138 of the Negotiable Instruments Act for issuing a Rs.1 lakh cheque as security for a Rs.2,30,000 instalment payment that he failed to make. The conviction was affirmed by the Additional Sessions Judge and the Calcutta High Court dismissed his revision petition…
MOHD. AYUBversusSTATE OF U.P. AND OTHERS
2009 INSC 125120 November 2009Appeal(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 recruiting authority …
SONIC SURGICALversusNATIONAL INSURANCE COMPANY LTD.
2009 INSC 118520 October 2009Dismissed
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 lacked jurisdiction. T…