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Judgments of 2009

1317 judgments · newest first · showing 401–600

GHANSHYAM DASS RELHANversusSTATE OF HARYANA & ORS.

2009 INSC 922Dismissed

Ghanshyam Dass Relhan was appointed as a clerk in the Haryana Government in 1958, confirmed and later promoted, and resigned in 1977 after obtaining permission to join the Kurukshetra Central Bank as a Senior Accountant. He retired from the bank in 1997, received retirement benefits but not a …

AUTHORIZED OFFICER, INDIAN OVERSEAS BANK AND ANR.versusM/S. ASHOK SAW MILL

2009 INSC 921Disposed off

The Authorized Officer of Indian Overseas Bank (IOB) sought to enforce its security interest over the assets of Mis. Ashok Saw Mill under Section 13(4) of the SARFAESI Act after the borrower defaulted on loans, leading to possession and eventual sale of assets. The borrower challenged the actions …

SATISH & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 923Disposed off

The Supreme Court examined the compensation awarded to landowners whose lands were acquired for a thermal power plant in Sarna, Muradpur, Uttar Pradesh. The Court held that, under Section 23 of the Land Acquisition Act, 1894, all relevant sale deeds must be considered to determine the market value …

UDAIPUR SAHAKARI UPBHOKTA THOK BHANDAR LTD.versusCOMMISSIONER OF INCOME-TAX

2009 INSC 924Dismissed

Udaipur Sahakari Upbhokta Thok Bhandar Ltd., a cooperative society dealing in both non‑controlled and government‑authorised controlled commodities, claimed a deduction under Section 80P(2)(e) of the Income‑Tax Act for commissions received for storing foodgrains under the Rajasthan Foodgrains Order. …

DAWALSABversusKHAJASAB

2009 INSC 907Appeal(s) allowed

The appellant, an elderly father, filed a petition under Section 125 of the CrPC before the Family Court at Bijapur seeking monthly maintenance of Rs.5,000 from his son, who was employed in Syndagi. The Family Court dismissed the petition, holding it lacked jurisdiction because the son worked in …

MARUTI SUZUKI INDIA LTD.versusRAJIV KUMAR LOOMBA & ANR.

2009 INSC 908Dismissed

The consumer purchased a Maruti car in Chandigarh and was charged Rs 7,000 for a catalytic converter that was neither fitted nor required in that city. The consumer sought a refund, and the District Consumer Forum ordered a refund, which was upheld by the National Consumer Disputes Redressal …

SUBODH KUMAR YADAVversusSTATE OF BIHAR & ANR.

2009 INSC 910Dismissed

The appellant, Subodh Kumar Yadav, was charged under Section 498A IPC and other offences. He surrendered before a Judicial Magistrate First Class and was granted bail on the same day, without the complainant’s counsel being heard and after the magistrate called for the case record from the Sessions …

M/S. HOTEL NEW NALANDAversusREGIONAL DIRECTOR, E.S.I. CORPORATION

2009 INSC 911Appeal(s) allowed

The Employees' State Insurance Corporation inspected Mis. Hotel New Nalanda and, noting a refrigerator and grinder, deemed it a "factory" under s.2(12) of the Employees State Insurance Act, 1948, directing compliance. The hotel contested, asserting it was a tourist home with fewer than ten employees …

RAJ KUMARversusSTATE OF MAHARASHTRA

2009 INSC 909Dismissed

The husband, Raj Kumar, assaulted his wife with a stone‑rolling pad after she refused to withdraw maintenance proceedings under Section 125 CrPC. The victim died from head injuries; her dying declarations implicated the husband. The trial courts convicted him under Sections 302 and 498A IPC. On …

STATE OF WEST BENGAL & ORS.versusSAMAR KUMAR SARKAR

2009 INSC 905Appeal(s) allowed

Samar Kumar Sarkar filed an application under Section 19 of the Administrative Tribunal Act, 1985 before the West Bengal Administrative Tribunal seeking appointment and related benefits. After repeated adjournments, he approached the Calcutta High Court with writ petitions under Articles 226 and …

JAGBIR SINGHversusHARYANA STATE AGRICULTURE MARKETING BOARD & ANR.

2009 INSC 906Case Partly allowed

Jagbir Singh was engaged as a daily wager by the Haryana State Agriculture Marketing Board from 1 September 1995 until his termination on 18 July 1996. He alleged that the termination violated Section 25F of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour Court …

RAJIV MODIversusSANJAY JAIN & ORS.

2009 INSC 904Appeal(s) allowed

Rajiv Modi filed a private complaint under Section 200 CrPC alleging offences under Sections 406, 420 and 120‑B IPC against Sanjay Jain and others, claiming that a C&F agency agreement was concluded in Patna. The Chief Judicial Magistrate, Patna, took cognizance and issued summons. The respondents …

SATWANT KAUR SANDHUversusNEW INDIA ASSURANCE COMPANY LTD.

2009 INSC 899

The Supreme Court examined an appeal by Satwant Kaur Sandhu challenging the repudiation of a mediclaim policy by New India Assurance Company Ltd. The insurer rejected the claim on the ground that the deceased had concealed his chronic renal failure and diabetes in the proposal form, which the Court …

JUGESH SEHGALversusSHAMSHER SINGH GOGI

2009 INSC 900Appeal(s) allowed

The complainant, a petroleum trader, alleged that four members of the same family issued a cheque of Rs 24,92,115 drawn on Indian Bank, Sonepat, which was returned unpaid with the remark "Account closed". He filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the …

KANDIMALLA RAGHAVAIAH & CO.versusNATIONAL INSURANCE CO. & ANR.

2009 INSC 901Dismissed

The appellant, a tobacco business, took a fire insurance policy for stock stored in a godown which was destroyed by fire on 22-23 March 1988. Although the insurer and the bank were notified, the appellant did not lodge a claim until 1992 and only sought claim forms, which the insurer refused, citing …

NEW INDIA ASSURANCE CO. LTD.versusSURESH CHANDRA AGGARWAL

2009 INSC 902Appeal(s) allowed

The claimant purchased a comprehensive motor insurance policy from New India Assurance Ltd. for his car, which was involved in a fatal accident on 29 February 1992. The insurer denied the claim, alleging that the driver’s driving licence was not valid on the date of the accident because it had …

SAVITRI AGARWAL & ORS.versusSTATE OF MAHARASHTRA & ANR.

2009 INSC 903Disposed off

The appellants, accused of dowry death and related offences under Sections 498A, 304B (IPC) and Sections 3 and 4 (Dowry Prohibition Act), obtained anticipatory bail from an Additional Sessions Judge under Section 438 of the CrPC after the court considered two dying declarations that made no …

REKHA RANAversusJAIPAL SHARMA AND ORS.

2009 INSC 897Dismissed

In the 2005 Gharaunda Assembly election, Rekha Rana was declared winner by a margin of 21 votes. Jaipal Sharma filed an election petition alleging that the victory was secured through a large number of void votes cast by impersonation, double voting, and votes by deceased or incarcerated persons. …

SAYEED AHMED & CO.versusSTATE OF UP & ORS.

2009 INSC 896Case Partly allowed

The appellant, a contractor, completed a construction project for the State of Uttar Pradesh in 1996, after which disputes over payment led to arbitration in 1997. The arbitrator awarded the respondents to pay the contractor Rs.24,18,586 with interest at 18% per annum from April 1996, and also …

UNION OF INDIAversusDEVENDRA KUMAR PANT & ORS.

2009 INSC 895Appeal(s) allowed

Devendra Kumar Pant, a senior research assistant, was promoted to Chief Research Assistant on the condition that he obtain a B‑1 medical fitness certificate, which required colour perception. Pant, already cleared in the lower 82 category (which does not require colour perception), was denied …

REFERENCE NO. 1/2006 UNDER ARTICLE 317 (1) OF THE CONSTITUTION OFversus*

2009 INSC 890Reference answered

The President, on the Governor's request, referred a reference under Article 317(1) of the Constitution to the Supreme Court to determine whether Shri Ashok Darbari, Chairman of the Chhattisgarh Public Service Commission, should be removed on grounds of misbehaviour. Four specific allegations were …

SARLA GOEL & ORS.versusKISHAN CHAND

2009 INSC 891Appeal(s) allowed

The Supreme Court examined whether a tenant who tendered rent by money order, which the landlord refused to accept, was required to deposit the rent with the Rent Controller under Section 27 of the Delhi Rent Control Act, 1958. The Court held that the word "may" in Section 27 is to be read as …

CHANDRASHEKHAR & ORS.versusADDITIONAL SPECIAL LAND ACQUISITION OFFICER

2009 INSC 892Appeal(s) allowed

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, challenged the High Court's restriction of their compensation to Rs.23 per square foot despite its finding that the market value was at least Rs.32.10 per square foot. The High Court had limited the award on …

STATE OF HIMACHAL PRADESHversusNARAIN SINGH

2009 INSC 893Appeal(s) allowed

The Supreme Court examined the constitutional validity of the Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996, which amended several sections of the Himachal Pradesh Land Revenue Act, 1953/1954 and retrospectively validated records of rights created between 1976 and 1996. The High …

MALLAPPA SIDDAPPA ALAKANUR & ORS.versusSTATE OF KARNATAKA

2009 INSC 870Dismissed

The appellants were acquitted by the Sessions Court for murder and related offences under IPC ss. 148, 302, 504 r/w 149. The High Court set aside the acquittal, convicting four of the accused based on the testimony of a child witness (PW‑7) and other corroborative evidence, despite the trial court’s …

K. RAMACHANDRANversusV.N. RAJAN & ANR.

2009 INSC 871Appeal(s) allowed

K. Ramachandran was acquitted by a Sessions Court of murder and related offences. The victim's father filed a criminal revision, while the State later filed an appeal against the acquittal but sought condonation of an 801‑day delay, which the High Court Division Bench rejected, effectively …

STATE OF U.P.versusSAHRUNISSA & ANR.

2009 INSC 872Dismissed

The State of Uttar Pradesh appealed against the acquittal of Shahrunnisa (the mother) and Siraj Khan (the husband) in a case where two young boys were murdered as part of a superstitious ritual. The trial court had convicted all four accused under Sections 302, 307 and 34 of the IPC, but the …

RAJINDER @ RAJUversusSTATE OF H.P.

2009 INSC 873Dismissed

The appellant, Rajinder (Raju), was convicted under IPC sections 366 and 376 for forcibly kidnapping and raping an 18‑year‑old girl after misrepresenting that he would take her to a doctor. The girl testified that he dragged her to a secluded spot, gagged her, untied her clothing and committed …

DALIP KAUR & ORS.versusJAGNAR SINGH & ANR.

2009 INSC 874Appeal(s) allowed

The appellants entered into a sale agreement for agricultural land, received an advance and further payment, but later executed a deed of sale in favour of third parties and returned only part of the advance. The second respondent filed an FIR alleging cheating and criminal breach of trust, and the …

JEEWAN KUMAR RAUT & ANR.versusCENTRAL BUREAU OF INVESTIGATION,

2009 INSC 875Dismissed

The appellants, medical practitioners, were charged under the Indian Penal Code and the Transplantation of Human Organs Act (TOHO) for alleged illegal organ removal. The initial FIR was lodged with the Gurgaon police, but investigation was transferred to the Central Bureau of Investigation (CBI), …

BALBIR KAURversusSTATE OF PUNJAB

2009 INSC 876Dismissed

Balbir Kaur was found sitting on two bags containing 61 kg of poppy husk and admitted the contents when questioned by police. She was searched before a gazetted officer and a lady constable, as she requested, and the bags were seized, leading to her conviction under Section 15 of the NDPS Act. On …

JASWINDER SINGHversusSTATE OF PUNJAB

2009 INSC 877Dismissed

The appellant Jaswinder Singh was convicted for murder and attempt to murder under Sections 302, 307 and 34 of the IPC. He argued that he was not named in the FIR, that no test identification parade (TIP) was held, and that the evidence against him was unreliable. The sole eyewitness, the …

ABIDversusSTATE OF U. P.

2009 INSC 878Dismissed

The appellants, a group of seven men, attacked D-1 and D-2 who had come to harvest a crop on land the appellants claimed to own. Armed with ballams, gadasas and lathis, the accused inflicted multiple fatal injuries, causing the victims to die on the spot. Eye‑witnesses, the victims' son and nephew, …

OLYMPIC INDUSTRIESversusMULLA HUSSAINY BHAI MULLA AKBERALLY & ORS.

2009 INSC 879Appeal(s) allowed

The landlord filed a petition for fixation of fair rent and the tenant filed a counter‑statement. After the trial began, the tenant sought permission to file an additional written statement raising a new plea about the extent of his lease. The Rent Controller and the Appellate Tribunal allowed the …

BABU LAL SHARMAversusSTATE OF M.P.

2009 INSC 880Dismissed

Babu Lal Sharma filed a suit claiming title, ownership and possession of 1.84 acres of land, asserting that his father had sold 0.53 decimal to Chhedilal Gupta in 1945 and that the remaining 1.31 acres belonged to him. He discovered that the land had been entered as Government land in the revenue …

M.K. ABRAHAM & CO.versusSTATE OF KERALA & ANR.

2009 INSC 881Appeal(s) allowed

The appellants, contractors on the NH‑49 project, entered into contracts executed through the Kerala Public Works Department but governed by a Ministry of Surface Transport policy that required arbitration. The contracts contained printed clauses (clause 24, 24(a) of the Notice Inviting Tenders and …

K.N. FARMS INDUSTRIES (PVT.) LTD.versusSTATE OF BIHAR & QRS.

2009 INSC 882Dismissed

K.N. Farms Industries (Pvt.) Ltd., a land‑holder, challenged the inclusion of 43.29 acres of tanks in its surplus land assessment under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as applied in Jharkhand. The appellant argued that tanks, being water …

NATIONAL SAMPLE SURVEY ORGANISATION & ANRversusCHAMPA PROPERTIES LTD. & ANR.

2009 INSC 883Appeal(s) allowed

The National Sample Survey Organisation (NSSO) was a tenant of Champa Properties Ltd. and vacated the premises in 1992, contesting a rent increase demanded by the landlord based on a Hiring Committee's recommendation. The landlord filed a writ petition seeking enforcement of the higher rent, relying …

RADHA MOHAN MALAKAR & ORS.versusUSHA RANJAN BHATTACHARJEE & ORS.

2009 INSC 884Appeal(s) allowed

The case concerned the inter‑se seniority between the 1990 direct recruits and the 1991 promotees in the Tripura Civil Service (Grade‑II). The State Government had issued a Government Order (25 May 2000) and a seniority list (9 June 2000) placing the 1990 direct recruits senior to the 1991 …

M/S. SHAKTI TUBES LTD.versusSTATE OF BIHAR & ORS.

2009 INSC 885Dismissed

Mis. Shakti Tubes Ltd., a small‑scale supplier, entered into a 1992 supply order with the State of Bihar for pipes. The state withheld Rs 38,13,480, prompting the supplier to sue for the amount with compound interest at 24% per annum. The trial court awarded the compound interest; the Patna High …

PAYAPPAR SREE DHARMASASTHA TEMPLE A. COM.versusA.K. JOSSEPH & ORS.

2009 INSC 886Case Partly allowed

The Payappar Sree Dharmasastha Temple, represented by its Advisory Committee, challenged a Kerala High Court order that dismissed the Travancore Devaswom Board’s suit for eviction of an alleged encroacher, A.K. Joseph. The Board’s suit was rejected on the ground that a 1958 decree in favour of …

DEVAKI ANTHARJANAMversusSREEDHARAN NAMBOODIRI & ANR.

2009 INSC 887Appeal(s) allowed

The appellant-landlady filed a suit for recovery of possession of a property and the respondents claimed compensation for improvements they had made. The trial court, based on a commissioner’s report, awarded Rs 1,35,500 as compensation and decreed possession in favour of the appellant. After the …

HIGH COURT OF JUDICATURE FOR RAJASTHANversusVEENA VERMA & ANR.

2009 INSC 888Appeal(s) allowed

The Rajasthan Higher Judicial Service (RHJS) advertised seven direct‑recruitment vacancies, stating that the number of posts could be increased. Veena Verma, an advocate, ranked eighth on the merit list and claimed that, based on a correct calculation of vacancies, there were actually ten posts …

RAJASTHAN JUDICIAL SERVICE OFFICERS ASSN.versusSTATE OF RAJASTHAN AND ANR.

2009 INSC 889Disposed off

The Rajasthan Judicial Service Officers Association challenged a 2003 notification that advertised 19 posts for direct recruitment to the Rajasthan Higher Judicial Service (RHJS), arguing that the cadre strength of RHJS is fixed at 150 and that, under the 25% quota for direct recruitment, no …

H. LATHAKUMARIversusVAMANAPURAM BLOCK PANCHAYAT ANP ORS.

2009 INSC 868Appeal(s) allowed

The appellant, H. Lathakumari, entered into a contract with Vamanapuram Block Panchayat on 15 March 1999 that incorporated clause 73 of the Madras Detailed Standard Specifications, mandating arbitration of disputes. When a dispute arose, the appellant invoked Section 11 of the Arbitration and …

GANESH GOGOIversusSTATE OF ASSAM

2009 INSC 869Appeal(s) allowed

Ganesh Gogoi was convicted by a Designated Court under Section 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the 1991 killing of Dinanath Agarwalla and sentenced to life imprisonment. The Supreme Court held that the prosecution offered no direct or material …

JAGRITI DEVIversusSTATE OF H.P.

2009 INSC 863Case Partly allowed

Jagriti Devi was convicted of murder under Section 302 IPC for allegedly killing her co‑wife Shama Devi with a khukri after an altercation. She claimed she acted in private defence after the deceased attacked her with the same weapon, which the deceased had kept under her pillow. The trial court and …

STATE OF U.P.versusNANDU VISHWAKARMA & ORS.

2009 INSC 864Dismissed

The State of Uttar Pradesh prosecuted Nandu Vishwakarma and others for the murder of Dangar Yadav and injuries to two witnesses arising out of a land‑related dispute. The trial court convicted them under Section 302 read with Section 34 and Section 367 read with Section 34 of the Indian Penal Code. …

RAMVIR & ORS.versusSTATE OF U.P.

2009 INSC 866Disposed off

The prosecution alleged that on 17 April 1978, the deceased Yashpal was surrounded by three brothers, Ramvir, Ranpal Singh and Chatar Singh, and Ramvir delivered a fatal knife blow to his chest. The trial court convicted Ramvir under s.302 IPC and the other two brothers under s.302 read with s.34 …

MAHESH CHANDRA GUPTAversusUNION OF INDIA & ORS.

2009 INSC 867Dismissed

Mahesh Chandra Gupta filed a writ petition challenging the appointment of respondent No.3 as an Additional Judge of the Allahabad High Court, alleging that he lacked the ten‑year practice requirement under Article 217(2)(b) of the Constitution. The Court examined whether "actual practice" or merely …

INDRASANversusSTATE OF U.P.

2009 INSC 857Case Partly allowed

The appellant, Indrasan, was convicted of murder for striking the deceased, Jawahar, on the head with a lathi, causing death within an hour. The trial and High Courts upheld the conviction under Section 302 IPC, imposing life imprisonment. On appeal, the Supreme Court examined the eyewitness …

MASAUDDIN AHMEDversusSTATE OF ASSAM

2009 INSC 858Appeal(s) allowed

Masauddin Ahmed was convicted by the Sessions Court and later by the High Court for raping a maid, Mira Begum, under Section 376 IPC. On appeal, the Supreme Court examined the evidence, noting that the doctor who examined the victim stated she was 18 years old, while the prosecution relied on the …

K.K. AHUJAversusV.K. VORA AND ANR.

2009 INSC 859Dismissed

The appellant filed complaints under section 138 of the Negotiable Instruments Act against a company and its officers, including the Deputy General Manager (first respondent), for dishonoured cheques. The trial court issued summons to all accused, but the Deputy General Manager sought quashing of …

GANGAMMA ETC.versusG. NAGARATHNAMMA & ORS. ETC.

2009 INSC 860Case Partly allowed

The respondents, a mother and her minor daughter, filed a partition suit claiming a one‑third share in certain agricultural and urban properties, alleging that the properties were ancestral joint‑family assets. The trial court awarded them a one‑sixth share, but the High Court reversed, holding that …

NECTAR BEVERAGES PVT. LTD.versusDEPUTY COMMISSIONER OF INCOME TAX

2009 INSC 861Disposed off

The Supreme Court examined whether the "balancing charge" provision of Section 41(2) of the Income Tax Act, 1961 could be read into Section 41(1) to tax profits from the sale of fully depreciated bottles and crates when Section 41(2) was deleted for assessment years 1988‑89 to 1998‑99. It held that …

SHAKSON BELTHISSORversusSTATE OF KERALA & ANR.

2009 INSC 862Appeal(s) allowed

Shakson Belthisor appealed against the Kerala High Court’s order refusing to quash the FIR and charge sheet filed under Section 498A IPC for alleged cruelty by the husband. The Supreme Court examined whether the FIR and charge sheet disclosed any of the essential ingredients of cruelty as defined in …

ONGOLE RAVIKANTHversusSTATE OF A.P.

2009 INSC 856Dismissed

The appellant was married to the deceased and, after repeated quarrels, the wife poured kerosene on herself and brought a match. The husband snatched the match and lit it, causing severe burns that led to her death. The trial court convicted him under Section 324 IPC, but the High Court upgraded the …

UNION OF INDIAversusSHAH ALAM & ANR.

2009 INSC 855Dismissed

The Union of India appealed the acquittal of Shah Alam and Mazzum Haq, who had been convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possessing 100 grams of heroin each and sentenced to ten years' rigorous imprisonment and a fine. The Allahabad High Court set aside the …

STATE OF H.P .versusSURESH KUMAR @ DC

2009 INSC 851Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal High Court’s acquittal of Suresh Kumar, who had been convicted by the Sessions Court for raping a minor girl and wrongful confinement under IPC sections 376 and 342. The victim, a girl aged between 5 and 12, identified the accused as her …

GOVINDARAJUversusSTATE OF KARNATAKA

2009 INSC 848Dismissed

The appellant Govindaraju was convicted under Section 3048 of the IPC for the death of his wife Susheela, who died from burn injuries within seven years of marriage. The prosecution alleged that the husband and his family demanded dowry, harassed Susheela for non‑payment, and subjected her to …

SIKKA PAPERS LTD.versusNATIONAL INSURANCE CO. LTD. & ORS.

2009 INSC 849Dismissed

Sikka Papers Ltd. insured a diesel generating set for Rs.35,00,000 but the set broke down and the insurer appointed a surveyor who allowed reimbursement only for parts damaged in the accident, rejecting claims for wear‑and‑tear replacements. The company paid Rs.25,00,000 for repairs and claimed the …

RAMDASversusSITABAI & ORS.

2009 INSC 850Dismissed

The suit was filed by Sitabai seeking partition and possession of four plots left by her father Sukha, claiming a half share as a co‑sharer with her brother Sudam. Sudam had sold one of the plots (Gat No.19) to Ramdas without Sitabai's consent. The trial court awarded shares, the first appellate …

BHAIRON SINGHversusSTATE OF MADHYA PRADESH

2009 INSC 852Appeal(s) allowed

Bhairon Singh was convicted under Section 498A IPC for cruelty to his wife, based solely on the testimony of the deceased's brothers who recounted her alleged complaints of torture and dowry demands. The wife died accidentally by drowning, and the trial and High Courts acquitted him of dowry death …

MANJU RAM KALITAversusSTATE OF ASSAM

2009 INSC 854Case Partly allowed

Manju Ram Kalita married the complainant in 1992 and a child was born in 1993. The wife left the matrimonial home while pregnant in 1993 and discovered in 1997 that the husband had contracted a second marriage. She filed an FIR under Sections 498A (cruelty) and 494 (bigamy). The trial court, …

UNION OF INDIA & ORS.versusGYAN CHAND CHATTAR

2009 INSC 845Disposed off

The respondent, a cashier in Western Railway, was charged with six allegations of misconduct, including traveling in first class without entitlement, refusing to arrange payments, playing cards while on duty, refusing a control message during a train detention, and demanding a commission. The …

DAMMU SREENUversusSTATE OF A.P.

2009 INSC 846Dismissed

The appellant, Dammu Sreenu, had an illicit relationship with the wife of the deceased, Sitra Nagarjuna Rao. After the wife was taken away for counseling, the appellant forcibly removed her from her brother's house and kept her for four days, after which the deceased, feeling humiliated, expressed a …

STATE OF PUNJABversusMANJIT SINGH & ORS.

2009 INSC 847Dismissed

The accused Kamaljit Singh and Manjit Singh, who were in an illicit relationship with Bhinder Kaur, the wife of Sewa Singh, murdered Sewa Singh and his three sons after the family harassed Bhinder Kaur. The trial court sentenced the two accused to death, while the High Court altered the death …

MODERN DENTAL COLLEGE & RESEARCH CENTRE & ORS.versusSTATE OF MADHYA PRADESH & ORS.

2009 INSC 844Hearing Adjourned

The Supreme Court examined the Madhya Pradesh Niji Vyavsayik Shikshan Sansthan (Admission Regulation and Fee Determination) Act, 2007, which appeared to vest the State with complete control over admissions and fee fixation in private unaided medical and dental colleges. Relying on earlier judgments …

SANICHAR SAHNIversusTHE STATE OF BIHAR

2009 INSC 839Dismissed

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 …

A. SUBAIRversusSTATE OF KERALA

2009 INSC 838Appeal(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 …

DEOMUNI SHARMAversusSTATE OF JHARKHAND

2009 INSC 840Appeal(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, …

PREMANAND R. SHENOYversusCUSTODIAN AND ORS.

2009 INSC 841Disposed 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 …

DR. SMITHA NATHversusUNION OF INDIA & ORS.

2009 INSC 842Disposed 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 …

UNION OF INDIA & ORS.versusBISHAMBER DAS DOGRA

2009 INSC 843Appeal(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 …

HINDUSTAN COPPER LIMITEDversusM/S. NICCO CORPORATION LTD.

2009 INSC 836Disposed off

Hindustan Copper Ltd challenged an arbitration award dated 28 September 2006 by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The Single Judge of the Jharkhand High Court dismissed the petition as not maintainable, holding that it should have been filed before the …

UNION OF INDIA & ANR.versusEX. MAJOR SUDERSHAN GUPTA

2009 INSC 837Dismissed

The Union of India appealed against a Delhi High Court order that set aside the convening of a General Court Martial against former Major Sudershan Gupta. The High Court had held that the Army could not produce records of the convening authority because they were destroyed under a rule mandating a …

SANTOSH KUMAR DUBEYversusSTATE OF U.P. & ORS.

2009 INSC 834Dismissed

Santosh Kumar Dubey filed a writ petition seeking a compassionate appointment after his father, a constable, went missing in 1981 and was later deemed dead under Section 108 of the Evidence Act. The High Court had earlier granted service benefits to his mother but dismissed the petition for …

SUKHWANT SINGH & ORS.versusSTATE OF PUNJAB

2009 INSC 835Disposed off

Petitioners Sukhwant Singh and others applied for anticipatory bail under Section 438 of the CrPC, which the Punjab & Haryana High Court dismissed. They appealed to the Supreme Court, which did not interfere with the High Court's order. However, the Court clarified that a court hearing a regular …

R.K. MALIK AND ANR.versusKIRAN PAL AND ORS.

2009 INSC 833Disposed off

A school bus fell into the Yamuna River, killing 29 children. The parents filed claim petitions under Section 163A of the Motor Vehicles Act, 1988, seeking compensation. The Motor Accident Claims Tribunal awarded pecuniary compensation based on the Second Schedule multiplier method but no …

CENTRAL BUREAU OF INVESTIGATIONversusA. RAVISHANKAR PRASAD & ORS

2009 INSC 817Disposed off

The Central Bureau of Investigation (CBI) appealed against the Madras High Court’s order quashing criminal proceedings against A. Ravishankar Prasad and others for alleged conspiracy, forgery and fraud involving Indian Bank. The respondents had settled civil dues of Rs.157 crore, and argued that the …

SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIRversusSTATE OF HARYANA & ANR.

2009 INSC 818Hearing Adjourned

Suraj Lamp & Industries Ltd. filed a Special Leave Petition challenging a High Court order that held Section 20 of the Right to Information Act, 2005 to be merely directory. The company alleged that its land purchase in Gurugram was effected through a sale agreement, General Power of Attorney and a …

SIVAKUMARversusNATARAJAN

2009 INSC 819Appeal(s) allowed

The appellant borrowed Rs 1,00,000 from the respondent and issued a cheque which was dishonoured on 2 December 2003. The respondent received intimation of the dishonour on 3 December 2003 and issued a legal notice on 2 January 2004, i.e., on the 31st day. The appellant was convicted under Section …

SUBHASH CHANDRA & ORS.versusSTATE OF U.P.

2009 INSC 820Dismissed

The Supreme Court examined the appeal of Subhash Chandra and others, who were convicted under IPC sections 302, 324, 323, 147, 148 read with 149 for the murder of Phool Chand Tiwari and injuries to two others. The appellants argued that the FIR statements conflicted with the injured witnesses' …

BONDER & ANR.versusHEM SINGH (DEAD) BY LRS. & ORS.

2009 INSC 821Appeal(s) allowed

Sukhram and his brother Jagannath inherited agricultural land and a house as co-owners. Sukhram left the village, entrusting Jagannath to look after his share and to account for the usufruct income. Upon return, Sukhram demanded possession and profits, but Jagannath refused, leading Sukhram to sue …

MAHENDER PAL & OTHERSversusSTATE OF HARYANA & OTHERS

2009 INSC 822Appeal(s) allowed

The State of Haryana issued notifications under Section 4 read with Section 17(4) of the Land Acquisition Act, 1894 to acquire land for an outer ring road and green belt, affecting land owned by Mahender Pal and others that contained residential structures, ancestral samadhis and a temple. The …

CIDCOversusVASUDHA GORAKHNATH MANDEVLEKAR

2009 INSC 823Dismissed

The dispute concerned the correct date of birth of Vasudha Gorakhnath Mandevlekar, an employee of CIDCO. The corporation claimed 2‑Oct‑1948, while the employee asserted 2‑Oct‑1950, supported by a birth certificate issued by the Panvel Municipal Council and multiple internal CIDCO records (gradation, …

HIGH COURT OF DELHI & ANR.versusA.K. MAHAJAN & ORS.

2009 INSC 824Appeal(s) allowed

The Supreme Court examined the retrospective amendment of the Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972, which altered the selection process for Assistant Registrar by creating three separate seniority lists and a rotational promotion scheme. The amendment, …

M.D., BHORUKA TEXTILES LTD.versusM/S KASHMIRI RICE INDUSTRIES

2009 INSC 825Appeal(s) allowed

M.D., Bhoruka Textiles Ltd. (appellant) supplied paddy husk to M/s Kashmir Rice Industries (respondent) but allegedly failed to receive payment, prompting the respondent to sue for Rs.2,61,696. The respondent contended that the appellant had become a "sick" industrial company under the Sick …

SANTOSH SOODversusGAJENDRA SINGH & ORS.

2009 INSC 826Disposed off

Santosh Sood, having obtained a loan from State Bank of Indore, constructed a building on a disputed parcel of land and entered into a lease agreement with the bank. The Nagar Palika, claiming ownership, filed a civil suit against Sood which remained pending. Respondent Gajendra Singh (the bank) and …

M/S. EASTERN COALFIELDS LTD.versusANIL BADYAKAR & ORS.

2009 INSC 827Appeal(s) allowed

The Supreme Court examined whether a compassionate appointment made 12 years after the death of an employee could be justified. The deceased employee died in 1981, and after a prolonged family dispute, the son‑in‑law of the second daughter applied for a compassionate post, which was initially …

BHARAT KARSONDAS THAKKARversusM/S. KIRAN CONSTRUCTION CO. AND ORS.

2009 INSC 829Appeal(s) allowed

The case arose from a long‑standing dispute over leasehold lands originally granted to Sowar Ramji Vaity. After a series of agreements, the respondent Kiran Construction Co. (Respondent No.1) sought to enforce a 1982 injunction restraining the Vaity family and others from dealing with the …

MAHARANI DEVI & ANR.versusUNION OF INDIA & ORS.

2009 INSC 830Appeal(s) allowed

Maharani Devi, the widow of a deceased railway storeman, sought a compassionate appointment for her nephew under a 1991 Railway Board circular that allowed near‑relatives of an issueless employee to be appointed. The Railway Board amended the circular on 13 December 1995, deleting the provision for …

UTIAMRAO SHIVDAS JANKARversusRANJITSINH VIJAYSINH MOHITE-PATIL

2009 INSC 831Appeal(s) allowed

The appellant's nomination paper for the Maharashtra Legislative Council election was rejected by the Returning Officer on the ground that two proposers' signatures were forged. The appellant challenged the rejection in an election petition, alleging that the Returning Officer had erred in his …

GENERAL MANAGER, UTTARANCHAL JAL SANSTHANversusLAXMI DEVI AND OTHERS.

2009 INSC 832Appeal(s) allowed

The husband and father of the petitioners were daily‑wage workers in the Uttar Pradesh Jal Sansthan who died while in service. Their dependents sought compassionate appointments under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The High Court …

TAHAZHATHE PURAYIL SARABI & ORS.versusUNION OF INDIA & ANR.

2009 INSC 815Appeal(s) allowed

The appellants' husband was robbed and thrown from a moving train in 1998, resulting in his death. The appellants filed a claim for compensation before the Railway Claims Tribunal, which awarded Rs.4 lakh in 2007 but granted interest only in case of default. The appellants appealed, arguing that …

CAPT. AMARINDER SINGHversusPRAKASH SINGH BADAL & ORS.

2009 INSC 809Dismissed

The Supreme Court considered two transfer petitions filed under Section 406 of the Code of Criminal Procedure seeking to move a corruption trial of former Punjab Chief Minister Prakash Singh Badal, his relatives and associates out of Punjab. The petitioners alleged that the accused’s political …

VILLIANUR IYARKKAI PADUKAPPU MAIYAMversusUNION OF INDIA AND OTHERS

2009 INSC 810Dismissed

The Government of Pondicherry entered into a Build‑Operate‑Transfer concession with Subhash Projects & Marketing Ltd (SPML) for the development of the minor Pondicherry Port, issuing a Letter of Intent and a concession agreement without prior Central Government approval. The appellants challenged …

NIZAM'S INSTITUTE OF MEDICAL SCIENCESversusPRASANATH S. DHANANKA & ORS.

2009 INSC 811Disposed off

The case involves a 20‑year‑old engineering student who underwent excision biopsy of a mediastinal neurofibroma at Nizam's Institute of Medical Sciences and subsequently suffered acute paraplegia. The complainant alleged negligence before, during and after the operation and claimed compensation of …

BASANTI PRASADversusTHE CHAIRMAN,BIHAR SCHOOL EXAMINATION BOARD AND OTHERS

2009 INSC 813Appeal(s) allowed

The appellant, a widow, sought retirement benefits for her deceased husband who had been an Assistant with the Bihar School Examination Board. He was convicted in 1989 under several IPC sections for tampering with examination marks and was dismissed from service in 1992 on the basis of that …

JAGDISH SINGHversusPUNJAB ENGINEERING COLLEGE & ORS.

2009 INSC 814Disposed off

The appellant, a sweeper employed by Punjab Engineering College, was dismissed after being absent without permission for a total of 15 days in February-March 2004. He explained the absences were due to a matrimonial dispute involving his daughter, which caused him mental anguish and prevented him …

GOVERNMENT OF AP. & ANR.versusN. RAMANAIAH

2009 INSC 816Appeal(s) allowed

The respondent, N. Ramanaiah, an Assistant Engineer, was found to have misappropriated bitumen worth over Rs. 40 lakh. A departmental enquiry proved the charge, after which the Government of Andhra Pradesh, with the concurrence of the State Public Service Commission, dismissed him under the Andhra …

UNION OF INDIAversusRAMESH RAM & ORS.

2009 INSC 812Matter referred to larger bench

The Union of India challenged the validity of Rules 16(2) to 16(5) of the Civil Services Examination Rules, 2002, which allowed candidates from reserved categories (OBC, SC, ST) who qualified on merit without availing any relaxation to be adjusted against reserved vacancies to obtain a …

NINGAMMA & ANR.versusUNITED INDIA INSURANCE CO. LTD.

2009 INSC 803Disposed off

The widowed wife and minor son of Ramappa, who had borrowed a motorbike and died in a solo accident, claimed compensation under Section 163-A of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, which the insurer appealed, arguing that Section 163-A applies only …

JASWANT & ANR.versusSTATE OF RAJASTHAN

2009 INSC 804Appeal(s) allowed

The appellants were named in an FIR for several IPC offences and a charge sheet filed on 12‑Feb‑1993 listed them as absconding, with the investigation still pending. The Sessions Court, despite no charge sheet being filed against the appellants and the investigation incomplete, took cognizance of …

SUCHA SINGHversusSTATE OF PUNJAB

2009 INSC 806Appeal(s) allowed

The incident occurred on 16 February 1991 when the deceased Sakander and his brothers were allegedly attacked by appellant Sucha Singh and his accomplice Manga. The prosecution relied on the testimony of the first informant, Gurdev Chand, whose FIR and later supplementary statement contained …

RAM SINGH & ORS.versusRAM NIWAS & ANR.

2009 INSC 807Appeal(s) allowed

The case arose from an FIR alleging assault and homicide in which the appellants were not named in the charge-sheet. The complainant filed an application under Section 319 of the Code of Criminal Procedure, 1973 to have the appellants summoned as accused; the trial judge rejected it, but the High …

KEKI HORMUSJI GHARDA AND ORS.versusMEHERVAN RUSTOM IRANI AND ANR.

2009 INSC 802Appeal(s) allowed

The respondent, a practising advocate, filed a complaint alleging that the construction and tarring of a road by an architect (appellant No.6) at the direction of the managing director and other directors of a company (appellants No.1‑5) caused wrongful restraint to him and his parents in accessing …

SUBRAMANIAMversusSTATE OF TAMIL NADU & ANR.

2009 INSC 805Appeal(s) allowed

The appellant Subramaniam was charged with murder (s.302 IPC), dowry harassment (s.498A IPC) and a dowry prohibition offence (s.4 DP Act) after his wife was found dead in their home. The trial court acquitted him, but the High Court convicted him for murder, relying on the fact that the couple lived …

SANTOSH KUMAR SATISHBHUSHAN BARIYARversusSTATE OF MAHARASHTRA

2009 INSC 808Dismissed

The appellant, Santosh Kumar Satishbhushan Bariyar, was convicted of murder and sentenced to death, while his co‑accused received life imprisonment. The appellant challenged the legality of the Sessions Judge's grant of pardon to the approver (PW‑1) under Sections 306 and 307 of the Code of Criminal …

RAM PAT & ORS.versusSTATE OF HARYANA

2009 INSC 791Dismissed

The appellants purchased an undivided share of a joint family land but did not acquire any specific portion or possession. On the day of the incident the co‑owner Harda Ram and his son were ploughing the field when the appellants, armed with lathis and jallies, entered the land and inflicted fatal …

M/S. ROTORK CONTROLS INDIA (P) LTD.versusCOMMISSIONER OF INCOME TAX, CHENNAI

2009 INSC 792Disposed off

Rotork Controls India (P) Ltd., a manufacturer of valve actuators, provided a standard warranty on its products and made a provision of 1.5% of turnover for anticipated warranty claims. The assessee claimed a deduction for the net provision under Section 37 of the Income Tax Act, 1961, which was …

DIVISIONAL MANAGER, RAJASTHAN S.R.T.C.versusKAMRUDDIN

2009 INSC 793Appeal(s) allowed

Kamruddin, a bus conductor employed on probation by the Rajasthan State Road Transport Corporation, was caught five times for not issuing tickets to passengers. After a warning, a disciplinary enquiry was held, found him guilty, and terminated his services. The Labour Court, invoking Section 11A of …

AHMED HUSSEIN VALI MOHAMMED SAIYED & ANR.versusSTATE OF GUJARAT

2009 INSC 789Dismissed

The Supreme Court upheld the convictions of six accused in a gang‑murder case at Radhika Gymkhana, Ahmedabad, where nine persons were killed on 3 August 1992. The trial court had relied heavily on confessional statements recorded under Section 15 of the TADA Act, along with a dying declaration, …

SARBJIT SINGH & ANR.versusSTATE OF PUNJAB & ANR.

2009 INSC 796Appeal(s) allowed

The appellants were summoned as additional accused in a murder trial under Section 319 of the Criminal Procedure Code (CrPC) solely on the basis of the first informant’s statement. The trial court allowed the application, and the High Court dismissed the appellants’ revision, prompting a criminal …

PRALHAD & ORS.versusDEORAO & ORS.

2009 INSC 797Dismissed

The Maharashtra government appointed an Administrative Board for the Rokdeshwar Sahakari Soot Girni Ltd. under Section 157 of the Maharashtra Co-operative Societies Act, 1960, extending its term to 19 June 2009. The board was appointed while a writ petition seeking election of the society’s Board of …

ORIENTAL INSURANCE CO. LTD.versusDEO PATODI AND ORS.

2009 INSC 798Disposed off

The Supreme Court considered a claim for compensation under Section 166 of the Motor Vehicles Act, 1988 filed by the parents of Deepak Patodi, a 22‑year‑old brilliant student who died in a road accident. Patodi earned Rs 80,000 per month from a part‑time job in the UK and had a prospective US job …

FOOD CORP. OF INDIA & ORS.versusASHIS KUMAR GANGULY & ORS.

2009 INSC 799Dismissed

The Food Corporation of India (FCI) appealed against a Calcutta High Court order directing it to grant advance increments to 57 deputationist employees who had been absorbed from the West Bengal State Government. The employees claimed that, under the proviso to Regulation 81 of the FCI Staff …

ORIENTAL INSURANCE CO. LTD.versusMOHD. NASIR AND ANR.

2009 INSC 801Disposed off

The case involved several claimants who suffered injuries in motor vehicle accidents and sought compensation under the Workmen's Compensation Act, 1923 and the Motor Vehicles Act, 1988. The insurer argued that compensation should be limited to the percentage of physical disability prescribed by the …

STATE OF PUNJABversusGURLABH SINGH AND ANOTHER

2009 INSC 790Disposed off

The case concerns the murder of Karanjit Singh on 7 February 1995 when accused Gurlabh Singh, on the instruction of co‑accused Rajesh Narang, fired a .12‑bore DBBL gun after stopping a college bus with a gypsy. The trial court convicted both accused under Section 302 IPC (murder) and, for Narang, …

UNION OF INDIAversusM/S. RAJASTHAN SPINNING AND WEAVING MILLS

2009 INSC 794Appeal(s) allowed

The Supreme Court examined two appeals where the Central Excise Tribunal had set aside penalties imposed under Section 11AC of the Central Excise Act because the assessee had paid the short‑paid duty before a show‑cause notice was issued. The Court held that Section 11AC imposes a penalty only when …

UNION OF INDIAversusHARPAT SINGH & ORS.

2009 INSC 795Disposed off

The Supreme Court examined compensation for agricultural lands acquired for Delhi development under the Land Acquisition Act, 1894, where the High Court had awarded Rs 3,45,000 per bigha (Rs 345 per sq yard) for Chilla Saroda Bangar. Relying on its earlier judgments in Karan Singh (1997) and Bali …

NATIONAL INSURANCE COMPANY LTD.versusSMT. SAROJ AND ORS.

2009 INSC 800Dismissed

The appellant, National Insurance Co., challenged a Motor Accident Claims Tribunal award of Rs 22.12 lakh compensation for the death of a 41‑year‑old technician, arguing that the Tribunal improperly applied the multiplier from the Second Schedule of the Motor Vehicles Act and exceeded the claimant's …

PEPSICO INDIA HOLDINGS P. LTD.versusSTATE OF KERALA & ORS.

2009 INSC 784Appeal(s) allowed

Pepsico India Holdings Ltd. sought to set up a medium‑scale soft‑drink plant in Kerala relying on a 1993 state policy that exempted new industrial units from sales tax for seven years. The company obtained assurances from KSIDC and the State Industries Department that it would receive the exemption, …

M.P. PETERversusSTATE OF KERALA & ORS.

2009 INSC 786Appeal(s) allowed

The appellant, M.P. Peter, claimed ownership of 13.25 cents of land in Kizhakkambalam and was ordered by a Sub‑Divisional Magistrate under Section 145 of the CrPC to hand the property over to the respondent. The Sessions Court reversed that order, but the High Court restored it, and the Supreme …

JAYENDRA VISHNU THAKURversusSTATE OF MAHARAHSTRA AND ANOTHER

2009 INSC 787Appeal(s) allowed

Jayendra Vishnu Thakur was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of Suresh Narsinh Dube. He was declared a proclaimed offender under Section 82 of the CrPC, later arrested several times, and the prosecution sought to record the testimony of ten …

SMRUTI PAHARIYAversusSANJAY PAHARIYA

2009 INSC 783Disposed off

The wife filed a joint petition for divorce by mutual consent under Section 138 of the Hindu Marriage Act, 1955. After the mandatory six‑month waiting period expired on 19‑Nov‑2007, the husband was absent on three successive dates (19‑Nov, 1‑Dec and 4‑Dec). The Family Court, without being satisfied …

RAVI DEVELOPMENTversusSHREE KRISHNA PRATHISTHAN & ORS.

2009 INSC 788Appeal(s) allowed

Ravi Development and the Maharashtra Housing and Area Development Authority (MHADA) challenged a Bombay High Court order that had struck down the award of a development contract under the Swiss Challenge Method, alleging arbitrariness, lack of innovativeness and favouritism by the Chief Minister. …

GLOBAL ENERGY LTD. & ANR.versusCENTRAL ELECTRICITY REGULATORY COMMISSION

2009 INSC 785Appeal(s) allowed

The Central Electricity Regulatory Commission (CERC) granted an interim inter‑state trading licence to Global Energy Ltd., but later invoked Regulation 6A of the 2006 amendment to disqualify the applicant on grounds of pending legal proceedings and a vague "fit and proper" test, revoking the …

VALLABHANENI VENKATESHWARA RAOversusSTATE OF A.P.

2009 INSC 755Appeal(s) allowed

The appellants A‑1 to A‑3 were convicted under IPC sections 302, 149, 148 (and 341 for one) based largely on two dying declarations, Ext P‑12 and Ext P‑14. The High Court upheld the convictions of A‑1 to A‑3 while acquitting A‑4 to A‑7, holding that Ext P‑14 was unreliable. On appeal, the Supreme …

K.N. NARENDRANATHversusSTATE OF KARNATAKA

2009 INSC 756Appeal(s) allowed

The appellant, K.N. Naren... (the husband), was convicted for the murder of his wife Kumadavathi, alleged to have been manually strangulated on 5 December 1998. The trial court, and subsequently the Karnataka High Court, relied primarily on a purported extra‑judicial confession recorded by police …

NARENDRA G. GOELversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 751Dismissed

The husband of a Canadian citizen murdered in Bombay filed a writ petition seeking that forensic DNA analysis of seized evidence be conducted in Canada, as such facilities were unavailable in India. The Bombay High Court directed the investigating agency to send the material to Canada for …

STATE OF RAJASTHAN AND ORS.versusJAGDISH NARAIN CHATURVEDI

2009 INSC 752Disposed off

The Supreme Court examined whether ad‑hoc, daily‑wage or work‑charge appointments made under various Rajasthan service rules constitute appointments to the cadre/service in accordance with the recruitment rules. The petitioners argued that such appointments should be treated as regular service for …

V.N. DEVEDOSSversusCHIEF REVENUE CONTROL OFFICER-CUM-INS. AND ORS.

2009 INSC 748Appeal(s) allowed

The appellant purchased 60.86 acres of land belonging to Dunlop India Ltd, a sick company, through an open‑market tender conducted by an Asset Sales Committee appointed under the Sick Industrial Companies (Special Provisions) Act, 1985. The sale deed was executed at Rs 24.34 crore and registered. …

M.D., M/S. RAMAKRISHNA POULTRY P. LTD.versusR. CHELLAPPAN & ORS.

2009 INSC 753Appeal(s) allowed

M/s. Ramakrishna Poultry Ltd., a poultry farmer, purchased land and erected sheds while the Power Grid Corporation was surveying a 400 kV transmission line that would pass over the sheds. The company claimed that the high‑voltage lines would harm its birds and sought a realignment or increased tower …

MUNI KUMAR RAZDANversusTRIMURTI CHARITABLE TRUST, GWALIOR & ORS.

2009 INSC 754Dismissed

Muni Kumar Razaon appealed against a Division Bench order of the Madhya Pradesh High Court that had allowed a Letters Patent Appeal filed by the respondents. The underlying dispute concerned the registration of the Trimurti Charitable Trust under the Madhya Pradesh Public Trust Act, 1951, and a writ …

CHAND GUPTA AND ORS.versusSTATE OF HIMACHAL PRADESH

2009 INSC 759Dismissed

In 1992 the owners of M/s Shiva Enterprises were found by police to have liquor in their godown exceeding the quantity authorized under a transport permit. They were convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 for unlawful possession and sentenced to three years' imprisonment and …

JOYDEEP NEOGI @ BUBAIversusSTATE OF WEST BENGAL

2009 INSC 760Disposed off

The case concerned the murder of a boy who disappeared on 6 November 2001. Four accused were seen at the spot where the child was last seen and were alleged to have misled the search by directing witnesses away from the area and by making a threatening telephone call. The trial court convicted all …

STATE OF WEST BENGAL & ANR.versusWEST BENGAL REGN. COPY WRITERS ASSN. & ANR.

2009 INSC 761Appeal(s) allowed

The members of the West Bengal Registration Copywriters' Association were licensed under the West Bengal Registration (Copywriters) Rules, 1982/1999 to prepare true copies of documents for registration. They sought to be absorbed as regular Lower Division Clerks (LDCs) on the basis of parity with …

JAVED ALAMversusSTATE OF CHHATTISGARH AND ANR.

2009 INSC 762Disposed off

The case concerns the murder of a college student, Ku Preeti, who was run over by a jeep driven by Samar Vijay Singh on a college campus. The driver (prime accused) and three co‑accused were convicted by the trial court and the High Court; the driver under s.302 IPC and the co‑accused under s.302 …

CHITTARANJAN MIRDHAversusDULAL GHOSH AND ANR.

2009 INSC 763Dismissed

The appellant, Chittaranjan Mirdha, filed a complaint leading to a police FIR and subsequent chargesheet implicating several accused. The Additional Chief Judicial Magistrate took cognizance of the offences and issued warrants, but the appellant later sought further investigation and challenged the …

NINGAPPA YALLAPPA HOSAMANI & ORS.versusSTATE OF KARNATAKA AND ORS.

2009 INSC 764Dismissed

The Supreme Court examined the murder of Namadev, whose body was recovered from a gunny bag after the accused voluntarily disclosed its location. The prosecution relied on circumstantial evidence and statements under Section 27 of the Evidence Act, asserting that the accused who provided the …

ABUTHAGIR AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE, MADURAI

2009 INSC 765Dismissed

The case concerns the murder of Assistant Jailor Jayaprakash near Madurai Central Jail on 29 August 1997. The accused, including Abuthagir, were convicted under IPC sections 302 read with 34, 120B and 148 based largely on the testimony of two eye‑witnesses (PW‑3 and PW‑4) who gave statements after a …

STATE OF U.P.versusATUL SINGH ETC. ETC.

2009 INSC 766Case Partly allowed

The State of Uttar Pradesh prosecuted three accused for the murder of Ajay Kumar. The prosecution relied on the testimony of the victim's father (PW1), an eye‑witness, to secure a conviction of Sanjay Vishwakarma under Section 302 IPC and of Atul Singh and Brij Kishore Singh under Section 302 read …

MUSTAQ AHMED MOHAMMED ISAK AND ORS.versusSTATE OF MAHARASHTRA

2009 INSC 767Dismissed

The appellants were arrested under the Maharashtra Control of Organised Crime Act, 1999 and the Special Court granted two successive extensions of the investigation period, first to 21 August 2006 and then to 4 September 2006, after which the charge‑sheet was filed. The appellants filed a bail …

BALBIR SINGHversusSTATE OF PUNJAB AND ANR.

2009 INSC 768Disposed off

The case arose from FIR No. 43 dated 6 February 2006, registered at Abohar Police Station based on the statement of Balbir Singh. The wife of Gaganjit Singh filed a petition seeking investigation of a cross version she alleged, claiming her husband’s brother was killed by Balbir Singh, and requested …

C. VENKAT REDDY AND ORS.versusUNION OF INDIA AND ORS.

2009 INSC 769Disposed off

Twenty-five petitioners filed writ petitions under Article 32 claiming freedom‑fighter status and entitlement to pension under the Swatantra Sainik Samman Pension Scheme, 1983, but were denied benefits. The Union of India and the Government of Andhra Pradesh reported that after preliminary …

BANI KANTA DAS AND ANR.versusSTATE OF ASSAM AND ORS.

2009 INSC 770Case Partly allowed

A writ petition under Article 32 challenged the Governor of Assam's order commuting a death sentence to life imprisonment for the murder of four family members. The commutation was based on a recommendation from the National Human Rights Commission (NHRC). The Supreme Court examined whether the NHRC …

UNIVERSITY OF KERALAversusCOUNCIL OF PRINCIPALS OF COLLEGES IN KERALA & ORS.

2009 INSC 771Hearing Adjourned

The Supreme Court heard a civil appeal filed by the University of Kerala against the Council of Principals of Colleges in Kerala and others, seeking enforcement of the Raghavan Committee's recommendations to curb ragging in educational institutions. The Court examined whether the judiciary could …

NATIONAL INSURANCE COMPANY LIMITEDversusJ. MAHESHWARAMMA

2009 INSC 772Disposed off

The husband of the complainant had a valid accidental death insurance policy with National Insurance Co. Ltd. and died in a motorcycle accident. The insurer contested the claim, alleging that the deceased's driving licence for a motorcycle was fabricated and that he only possessed a licence for a …

STATE OF WEST BENGALversusDIPAK HALDER & ANR.

2009 INSC 749Appeal(s) allowed

The deceased, Rimu, was burnt to death in a fire allegedly set by her husband Dipak Halder and his in‑laws after a dowry dispute. The prosecution relied on circumstantial evidence, showing that the husband abused the victim, did not attempt to rescue her, and that there was no evidence of a kerosene …

SASIKUMARversusTHE STATE OF TAMIL NADU

2009 INSC 773Dismissed

The appellant, Sasikumar, was convicted of murder under Section 302 IPC for allegedly setting fire to his wife Menaka, who later died. The conviction was based primarily on Menaka's dying declaration recorded by Judicial Magistrate PW5 in the presence of a duty doctor, who affirmed that she was in a …

STATE OF PUNJABversusATMA SINGH AND ORS.

2009 INSC 774Appeal(s) allowed

The State of Punjab prosecuted Atma Singh and others for an armed assault that killed the wife and son of the complainant and injured three eyewitnesses. The trial court convicted the accused under sections 302, 307, 148, 149 and 324 of the IPC and section 27 of the Arms Act. The Punjab & Haryana …

STATE OF PUNJABversusHARDIAL SINGH AND ORS.

2009 INSC 775Case Partly allowed

The State of Punjab appealed a High Court order that quashed charges against Hardial Singh and others for offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the investigation was not carried out by an officer of at least …

M/S. CHAUDHARANA STEELS (P) LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD

2009 INSC 776Dismissed

M/s Chaudhara Steels (P) Ltd. appealed against the Commissioner of Central Excise, Allahabad, challenging the dismissal of its appeal under Section 35‑G of the Central Excise Act, 1944. The sole issue was whether a High Court can condone delay in filing such an appeal. The Supreme Court examined …

THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS.versusGURMAIL SINGH

2009 INSC 777Disposed off

The workman Gurmail Singh was employed intermittently as a bulldozer operator on 89‑day contracts from November 1990 until his termination on 15 July 1996. He claimed that his dismissal without notice, enquiry or compensation amounted to retrenchment under the Industrial Disputes Act, 1947 and …

SABIR SIDDIQ MALIKversusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.

2009 INSC 778Dismissed

The appellants, including Sabir Siddiq Malik, contended that they were not encroachers in Sanjay Gandhi National Park and challenged the Bombay High Court's order directing the formation of a Grievance Redressal Committee to resolve the dispute. The respondents, the State of Maharashtra and the …

RAMANUJ PANDEYversusTHE STATE OF M. P. AND ORS.

2009 INSC 779Case Partly allowed

Ramanuj Pandey, a Head Constable of the Madhya Pradesh Police, apprehended Laxmi Narain, a dam operator, and lodged a complaint under Section 13 of the Lunacy Act alleging insanity. Laxmi Narain's son filed a complaint, leading to a departmental inquiry that found Pandey guilty of detaining a public …

COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHANversusMCDOWELL & CO. LTD.

2009 INSC 781Disposed off

The case involved McDowell & Co. Ltd. challenging the revenue's disallowance of deductions under Section 438 of the Income Tax Act, 1961, relating to unpaid bottling fees and interest secured by a bank guarantee, and other claims such as depreciation on R&D assets, transformer purchase, and …

COMMISSIONER OF CUSTOMS, AMRITSARversusM/S. AJAY KUMAR AND CO.

2009 INSC 757Dismissed

The respondent, Mis. Ajay Kumar & Co., purchased a transferable Duty Entitlement Pass Book (DEPB) and associated licences originally issued to Mis. Parker Industries. The Commissioner of Customs issued show‑cause notices to the respondent demanding recovery of Rs.12,45,174 under Section 28(1) of the …

K.T. JOSEPHversusSTATE OF KERALA & ANR.

2009 INSC 758Disposed off

The Supreme Court considered an appeal against a transfer order of criminal proceedings (CC 1290 of 2008) to the Chief Judicial Magistrate, Ernakulam, made by a Single Judge of the Kerala High Court. The High Court had observed that, following the 2005 amendment to Section 202 of the Code of …

THE SECRETARY, FOREST DEPARTMENT & ORS.versusABDUL RASUL CHOWDHURY

2009 INSC 780Appeal(s) allowed

Abdul Rasool Chowdhury, a caretaker in the Forest Department, was charged in 1987 with gross financial irregularities and was suspended pending a departmental enquiry. The enquiry was not completed before his superannuation on 31 March 1995. He approached the West Bengal Administrative Tribunal …

STATE OF U.P.versusSHOBHANATH AND ORS.

2009 INSC 782Appeal(s) allowed

The incident occurred on 2 November 1981 when Ram Abhilakh Dubey was attacked and later died, leading to charges against Shobhanath, Triveni Prasad and others under Sections 302 r/w 149, 147 and 148 of the IPC. The trial court convicted the accused and sentenced them to life imprisonment, but the …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2009 INSC 750Disposed off

The Supreme Court examined extensive illegal mining in the Aravalli Hills of Haryana, where numerous mines operated without environmental clearances, rehabilitation plans, or compliance with statutory reclamation requirements, causing severe groundwater depletion and ecological damage. The Court …

BHAGYALAKSHMI AND OTHERSversusUNITED INSURANCE CO. LTD. AND ANOTHER ETC.

2009 INSC 705Matter referred to larger bench

The appellants, heirs of a deceased passenger, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for death incurred while travelling in a private car. The Motor Accident Claims Tribunal awarded compensation, which was set aside by the Karnataka High Court on the ground that the …

HARMINDER KAUR & ORS.versusUNION OF INDIA & ORS.

2009 INSC 706Dismissed

The appellants, school teachers appointed on contract under the Chandigarh Education Service (School Cadre) Recruitment Rules, 1991, sought regularisation of their posts, arguing that their long tenure entitled them to be absorbed into the regular service. The Central Administrative Tribunal …

SURESH KUMAR SINGHversusSTATE OF U.P.

2009 INSC 707Case Partly allowed

The appellant, Suresh Kumar Singh, was convicted under IPC Sections 3048 (dowry death) and 498A (cruelty) for the death of his wife Asha Devi, who died from burns on 8 December 1993. The marriage date was disputed (1983 or 1987), and the prosecution alleged dowry demands and a prior attempt to burn …

SWARAN SINGH CHANDversusPUNJAB STATE ELECTRICITY BOARD & ORS.

2009 INSC 708Appeal(s) allowed

The appellant, Swaran Singh Chand, was compulsorily retired by the Punjab State Electricity Board under a circular dated 14‑08‑1981 that laid down guidelines for premature retirement. He challenged the order, contending that it was based on stigmatic remarks about his integrity, that the guidelines …

MOHAMMED ISHAQversusS. KAZAM PASHA & ANR.

2009 INSC 709Appeal(s) allowed

The case arose from a violent intrusion by A‑1 and his associates into the house of Mohammed Ishaq, during which household articles were seized and several occupants were assaulted. The trial court convicted A‑1 under IPC sections 148 (unlawful assembly), 392 (robbery) and 452 (house‑trespass) and …

STATE OF H.P.versusNAZAR SINGH AND ANR.

2009 INSC 710

The incident occurred on 30 March 1993 when Lamber Singh was assaulted in his field by Sarwan Singh, who wielded a broken gandasi, and several others armed with lathis, resulting in his death. The accused – Sarwan Singh (deceased), Jagtar Singh (deceased), Nazar Singh and Baldev Singh – were …

MITHABHAI PASHABHAI PATEL AND OTHERSversusSTATE OF GUJARAT

2009 INSC 711Appeal(s) allowed

The appellants were charged with multiple offences arising from an incident in August 2002 and were initially remanded to police custody under Section 167(2) of the Cr.P.C. After a charge‑sheet was filed, the Sessions Court took cognizance and the High Court granted them bail. A Special …

PREM SINGH & ORS.versusSTATE OF HARYANA

2009 INSC 712Dismissed

The Supreme Court examined the conviction of two accused under Sections 302 and 149/34 of the Indian Penal Code for the murder of Krishan, while three co‑accused had been acquitted by the High Court. The appellants argued that contradictions in the eyewitness testimonies and the High Court's failure …

C.B.I, NEW DELHI.versusABHISHEK VERMA

2009 INSC 713Dismissed

The Supreme Court examined appeals by the CBI challenging the Delhi High Court’s grant of bail to Abhishek Verma, who was charged under Sections 3 and 9 of the Official Secrets Act, 1923 and Sections 409/109 read with 120‑B of the IPC for allegedly receiving classified defence information via pen …

RAJ RANI & ORS.versusORIENTAL INSURANCE CO. LTD. & ORS.

2009 INSC 714Disposed off

The deceased, Diwan Pal Singh, an Assistant Engineer aged 42 with a monthly salary of Rs 17,431 and a prospective promotion to Executive Engineer, died in a collision with a stationary truck whose lights were off. His children and parents filed a claim for compensation under Section 166 of the Motor …

SUBHASH KUMARversusSTATE OF UTTARAKHAND

2009 INSC 715Dismissed

On 31 January 2000, Subhash Kumar and three others assaulted Surendra Kumar Sehgal with khukris at a college gate, causing multiple injuries. The FIR named Subhash and the three co‑accused as being armed and recorded Subhash's specific act of placing his hand on the victim's shoulder and urging the …

NARESH SHANKAR SRIVASTAVAversusSTATE OF U.P. & ORS.

2009 INSC 716Appeal(s) allowed

The Uttar Pradesh Cooperative Processing and Cold Storages Federation Ltd (PACSFED) was originally registered as an apex cooperative society under the Uttar Pradesh State Cooperative Societies Act, 1965, with its area of operation covering the whole state. When the Uttar Pradesh State …

N. KANNADASANversusAJOY KHOSE AND OTHERS

2009 INSC 732Dismissed

The appellant, N. Kannadasan, was an Additional Judge of the Madras High Court who was not confirmed as a permanent judge and later appointed as President of the State Consumer Disputes Redressal Commission under Section 16 of the Consumer Protection Act, 1986. Writ petitions challenged his …

JAMIRUDDIN ANSARIversusCENTRAL BUREAU OF INVESTIGATION & ANR.

2009 INSC 733Disposed off

The case arose from a private complaint filed under Section 9(1) of the Maharashtra Control of Organised Crime Act (MCOCA) alleging organised crime offences by senior police officials. The Special Court ordered an investigation, but the Bombay High Court Full Bench was split on whether such a …

S.V.L.MURTHYversusSTATE REP. BY CBI, HYDERABAD

2009 INSC 734Appeal(s) allowed

The case involved six accused bank officials and businessmen charged with criminal conspiracy, cheating and corruption for allegedly abusing a cheque‑discounting facility of State Bank of India. The Special Judge and the High Court convicted all six under Sections 120‑B and 420 of the IPC and, for …

GURNUNATH DONKAPPA KERI AND ORS.versusSTATE OF KARNATAKA

2009 INSC 735Dismissed

The case arose from a long‑standing boundary dispute between two families in a Karnataka village, which escalated into a violent confrontation that resulted in the deaths of three persons. The prosecution relied on the testimony of three natural witnesses who were relatives of the victims, and on a …

RAJU PREMJIversusCUSTOMS NER SHILLONG UNIT

2009 INSC 736Appeal(s) allowed

The appellants Raju Premji and Arun Kanungo were convicted under Sections 21, 28 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for abetting possession of heroin, based primarily on confessional statements recorded while they were in police custody and later handed over to …

BALDEV SINGHversusSTATE OF PUNJAB

2009 INSC 737Appeal(s) allowed

The appellant, Baldev Singh, was convicted under Section 302 read with Section 120B IPC for the murder of his brother Pritam Singh. The conviction was based mainly on the testimony of a taxi driver (PW‑26) who claimed to have overheard a conspiratorial discussion, and on an alleged extra‑judicial …

DEVENDRA &ORS.versusSTATE OF U.P. & ANR.

2009 INSC 738Appeal(s) allowed

The appeal arose from a civil dispute among co‑sharers over the extent of their shares in a joint family property. Two co‑sharers sold a portion of the property to third parties, prompting the remaining co‑sharer to file a suit for cancellation of the sale deed and a criminal complaint alleging …

HEM SINGH @ HEMUversusSTATE OF HARYANA

2009 INSC 739Appeal(s) allowed

The appellants were accused of a gun‑battle with police in a village, during which a police constable and an alleged dacoit died. The trial court convicted them under Sections 302, 307, 353 read with 34 of the IPC, while the High Court affirmed the conviction. The Supreme Court held that the …

U. SUVETHAversusSTATE BY INSPECTOR OF POLICE AND ANOTHER

2009 INSC 740Appeal(s) allowed

An FIR was lodged against U. Suvetha, describing her as the "girl friend"/"concubine" of the husband of the complainant. Suvetha sought discharge on the ground that the allegation, even if true, did not constitute an offence under Section 498A of the Indian Penal Code (IPC). The Madras High Court …

JALESHWAR SINGHversusSTATE OF BIHAR

2009 INSC 717Case Partly allowed

The case arose from a land dispute that escalated into a violent altercation in which the deceased, Chintamani Singh, was fatally injured. The prosecution alleged that appellant No.1, Jaleshwar Singh, ordered the assault and that appellant No.2 delivered the fatal blow, leading to a conviction under …

SUBHASH SONI & ANR.versusSTATE OF M.P.

2009 INSC 718Dismissed

The appellants Subhash Soni and others were convicted under Sections 302 and 34 of the IPC for murder, primarily on the basis of an oral dying declaration made by the deceased while being taken to hospital. The High Court upheld the conviction despite discarding the testimony of two eye‑witnesses, …

PERLA SOMASEKHARA REDDY AND ORS.versusSTATE OF A.P. REP. BY PUBLIC PROSECUTOR

2009 INSC 719Dismissed

The accused were charged with murder and related offences under the IPC and the Explosive Substances Act. The trial court acquitted them, but the High Court, on appeal by the State, convicted several of the accused under sections 302, 302 r/w 149 and 307, while acquitting them of other charges. The …

COMMISSIONER OF INCOME TAX, SHIMLAversusM/S. GREENWORLD CORPORATION, PARWANOO

2009 INSC 720Disposed off

The Supreme Court examined whether the assessment order against Mis. Greenworld Corporation was passed under the undue influence of the Commissioner of Income Tax, Shimla, thereby rendering it a nullity. It held that a revisional authority under Section 263 can intervene only when an order is …

STATE OF M.P. & ANR.versusMD. ABRAHIM

2009 INSC 721Appeal(s) allowed

The respondent, Md. Ibrahim, was engaged on a daily‑wage basis as a driver in three separate spells between 1980 and 1983. He filed an application under Sections 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 seeking classification as a permanent driver, alleging discrimination …

NATIONAL INSURANCE COMPANY LTD.versusHAMIDA KHATOON AND ORS.

2009 INSC 723Appeal(s) allowed

The deceased employee was killed in a road accident involving a BSF truck. The dependents filed a claim for compensation under Section 173 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, which awarded Rs.1,20,000. The insurer challenged the claim, contending that Section 53 of …

SUNKARA LAKSHMINARASAMMA AND ANR.versusSAGI SUBBA RAJU AND ORS. ETC.

2009 INSC 724Disposed off

The petitioners, Sunkara Lakshminarasamma and others, filed an application to be transposed as petitioners in several Special Leave Petitions, asserting in an affidavit that the petitioner's mother‑in‑law had died a year and a half earlier. Respondents later produced evidence and affidavits …

STATE OF HIMACHAL PRADESHversusRAKESH KUMAR

2009 INSC 725Case Partly allowed

The State of Himachal Pradesh charged Rakesh Kumar with murder under Section 302 IPC for stabbing the deceased, Sanjiv Sen, in the chest during a party at Yash Pal's house. The trial court convicted Kumar based on the testimony of three natural witnesses present in the room and the recovery of a …

JAKIRversusSTATE OF M.P.

2009 INSC 726Appeal(s) allowed

The appellant Jakir was one of five accused of abduction and rape under IPC sections 366A and 376(2). The trial court convicted three of the accused, including Jakir, sentencing each to ten years, while two absconded. The victim, during her examination‑in‑chief, positively identified two of the …

SHINDHU & ORS.versusSTATE OF KARNATAKA

2009 INSC 727Appeal(s) allowed

The deceased Sharada allegedly committed suicide by jumping into a well due to alleged cruelty by her relatives. Five persons – the father‑in‑law, mother‑in‑law, husband, brother‑in‑law and sister‑in‑law – were charged under Sections 498‑A and 306 IPC read with Section 34. The trial court acquitted …