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Supreme Court of India

Judgments of 2009

1,312 judgments, newest first — showing 601–800.

NEW INDIA ASSURANCE CO. LTD.versusSATPAL SINGH MUCHAL

2009 INSC 35316 March 2009Appeal(s) allowed

The insured, Satpal Singh Muchal, had taken a Medi‑claim policy from New India Assurance and disclosed a pre‑existing kidney ailment. The insurer invoked clause 5.9 of the policy to cancel it, refunding a pro‑rata premium, and later refused renewal citing the pre‑existing condition and adverse claim experience. The Dis

KERALA STATE CASHEW DEVELOPMENT CORPORATIONversusSHAHAL HASSAN MUSSALIAR & ANR.

2009 INSC 35416 March 2009Dismissed

The owner of a cashew factory leased it to the Kerala State Cashew Development Corporation, but after the lease expired the corporation continued to occupy the premises. The Kerala Cashew Factories (Requisitioning) Act, 1979 allowed the State to requisition such factories for up to five years; an amendment in 1985 remo

RAVINDERA SADASHIO KSHIRSAGARversusUNION OF INDIA & ORS.

2009 INSC 35516 March 2009Dismissed

The appellant, a Commander (Time Scale) in the Indian Navy, challenged a 2005 Ministry of Defence (Navy) scheme that deferred promotion to Captain (Time Scale) until all acting Commanders (Select List) were promoted or retired. He argued that the scheme would effectively deny him and similarly situated officers the opp

STATE OF RAJASTHAN & ANR.versusS.N.TIWARI & ORS.

2009 INSC 34416 March 2009Dismissed

The respondent, an Investigator Grade‑II in the Department of Economic and Statistics, Government of Rajasthan, was declared surplus and deputed to the Directorate of Medical and Health Services where, on 3 December 1980, he was appointed on an urgent temporary basis as a Homeopathic Doctor under the ESI Scheme. He con

TILAK RAJversusBAIKUNTHI DEVI (D) BY LRS.

2009 INSC 19216 February 2009Appeal(s) allowed

The appellant, Tilak Raj, claimed a half‑share in land bequeathed to him by his grandmother's will and in land that had been acquired by the Fertilizer Corporation of India (FCI) and later returned as surplus. The decree in the earlier suit mistakenly described the land as Khasra No. 25R/52 instead of the correct 26R/5

STATE OF PUNJABversusHARI SINGH & ORS.

2009 INSC 19316 February 2009Dismissed

The accused were apprehended while sitting on gunny bags containing poppy husk and were convicted under Section 15 of the NDPS Act for possession of contraband. The High Court acquitted them, holding that there was no evidence of conscious possession and that no question on possession was put to them under Section 313

COMMNR. OF CUSTOMS (PREVENTIVE)versusM/S AAFLOAT TEXTILES (I) PVT.LTD. AND ORS.

2009 INSC 19416 February 2009Appeal(s) allowed

The Commissioner of Customs confirmed duty, interest, penalty and confiscation liability on nine consignments of gold and silver imported by M/s Aafloat Textiles (I) Pvt. Ltd. under Special Import Licences (SIL) that were later discovered to be forged. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) can

UTTARNACHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.

2009 INSC 19516 February 2009Case Partly allowed

The appellant, Uttarnachal Transport Corporation Ltd., was involved in a fatal road accident where a contractor, Bijendra Singh, aged 43, riding a scooter was killed. Under Section 173 of the Motor Vehicles Act, 1988, the claim for enhancement of compensation was filed. The Motor Accident Claims Tribunal awarded Rs 1,8

UTTARANCHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.

2009 INSC 19616 February 2009Disposed off

A 43‑year‑old hawker died when his scooter was hit by a bus owned by Uttaranchal Transport Corporation Ltd. The claimants filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,64,500 with 9% interest. The Uttaranchal High Court enhanced the award to Rs 3,60,000 by assuming a

HAWA SINGH AND ANR.versusSTATE OF HARYANA

2009 INSC 3416 January 2009Dismissed

Hawa Singh and several co‑accused entered the house of Man Singh armed with swords and other weapons with the intention of teaching him a lesson. Hawa Singh struck Man Singh on the head with a sword, causing fatal injuries. The trial court convicted the accused under Section 302 IPC read with Section 34 and Section 452

BHAGWAN SARUP NAGAR (D) BY LRSversusRAM KISHAN

2009 INSC 3516 January 2009Appeal(s) allowed

The plaintiff, Bhagwan Sarup Nagar, claimed ownership of a house and had licensed his cousin, Ram Kishan, to occupy two rooms. After revoking the licence on 27 September 1991, the defendant refused to vacate, prompting the plaintiff to sue for a mandatory injunction, possession, and mesne profits. The defendant asserte

RAJ NATHversusSTATE OF U.P.

2009 INSC 3616 January 2009Dismissed

The appellant Raj Nath, his two sons and three others were charged with murder, attempted murder and rioting under Sections 302, 307, 148, 141 and 149 of the Indian Penal Code. The prosecution proved that the accused opened fire on the informant and his companions, causing four deaths and injuries, based on eye‑witness

LAXMINATHversusSTATE OF CHHATTISGARH

2009 INSC 3716 January 2009Appeal(s) allowed

Laxminath shot arrows at Mahgin Bai and her mother‑in‑law, Gangadei, during a dispute; one arrow struck Gangadei’s chest and she later died. The trial court convicted Laxminath under Sections 302 (murder) and 324 IPC, sentencing him to life imprisonment and two years respectively, a judgment upheld by the Chhattisgarh

SUZANNE LOUISE MARTINversusSTATE OF RAJASTHAN & ANR.

2009 INSC 3816 January 2009Disposed off

The appellant, a British journalist, alleged that she was forcibly raped by the operator of the guest house where she was staying in Udaipur. The trial court convicted the accused under Section 376 of the IPC and sentenced him to life imprisonment. The Rajasthan High Court, however, suspended the sentence and granted b

RAVINDRA SAXENAversusSTATE OF RAJASTHAN

2009 INSC 130415 December 2009Appeal(s) allowed

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

SHARDAversusSTATE OF RAJASTHAN

2009 INSC 130515 December 2009Appeal(s) allowed

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

HARYANA FINANCIAL CORPORATION & ANR.versusRAJESH GUPTA

2009 INSC 130615 December 2009Dismissed

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

NELAPATLA RAMAIAH & ORS .versusKAMATAM BIKSHAMAIAH & ORS.

2009 INSC 130715 December 2009Dismissed

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

JASWANT KAUR & ANR.versusSUBHASH PALIWAL & ORS.

2009 INSC 130815 December 2009Dismissed

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

NARENDRA KANTEversusANURADHA KANTE & ORS.

2009 INSC 130915 December 2009Dismissed

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

LAXMI KANT BAJPAIversusHAZI YAQOOB & ORS.

2009 INSC 131015 December 2009Dismissed

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

UNION OF INDIA & ORS.versusDIPAK MALI

2009 INSC 131115 December 2009Dismissed

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

N. ESWARIversusK. SWARAJYA LAKSHMI

2009 INSC 113615 September 2009Appeal(s) allowed

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

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

2009 INSC 113715 September 2009Dismissed

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

FGP LTD.versusSALEH HOOSEINI DOCTOR AND ANR.

2009 INSC 113815 September 2009Dismissed

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

DAWALSABversusKHAJASAB

2009 INSC 90715 July 2009Appeal(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 Syndagi, and the High C

MARUTI SUZUKI INDIA LTD.versusRAJIV KUMAR LOOMBA & ANR.

2009 INSC 90815 July 2009Dismissed

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 Commission. On appeal, the

SUBODH KUMAR YADAVversusSTATE OF BIHAR & ANR.

2009 INSC 91015 July 2009Dismissed

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 Court. The Sessions

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

2009 INSC 91115 July 2009Appeal(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 and no manufacturin

RAJ KUMARversusSTATE OF MAHARASHTRA

2009 INSC 90915 July 2009Dismissed

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 appeal, the Supreme Cour

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

2009 INSC 83315 May 2009Disposed 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 non‑pecuniary damages. The Del

CENTRAL BUREAU OF INVESTIGATIONversusA. RAVISHANKAR PRASAD & ORS

2009 INSC 81715 May 2009Disposed 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 settlement extingui

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

2009 INSC 81815 May 2009Hearing 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 will (SA‑GPA‑Will) r

SIVAKUMARversusNATARAJAN

2009 INSC 81915 May 2009Appeal(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 138 of the Negotiable

SUBHASH CHANDRA & ORS.versusSTATE OF U.P.

2009 INSC 82015 May 2009Dismissed

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' testimonies, that only bl

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

2009 INSC 82115 May 2009Appeal(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 for possession and me

MAHENDER PAL & OTHERSversusSTATE OF HARYANA & OTHERS

2009 INSC 82215 May 2009Appeal(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 petitioners objected and

CIDCOversusVASUDHA GORAKHNATH MANDEVLEKAR

2009 INSC 82315 May 2009Dismissed

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, seniority, retireme

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

2009 INSC 82415 May 2009Appeal(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, notified on 7 August

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

2009 INSC 82515 May 2009Appeal(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 Industrial Companies (Specia

SANTOSH SOODversusGAJENDRA SINGH & ORS.

2009 INSC 82615 May 2009Disposed 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 the Nagar Palika fi

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

2009 INSC 82715 May 2009Appeal(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 approved by the personal m

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

2009 INSC 82915 May 2009Appeal(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 properties, despite having no

MAHARANI DEVI & ANR.versusUNION OF INDIA & ORS.

2009 INSC 83015 May 2009Appeal(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 near‑relatives, and

UTIAMRAO SHIVDAS JANKARversusRANJITSINH VIJAYSINH MOHITE-PATIL

2009 INSC 83115 May 2009Appeal(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 decision‑making process,

GENERAL MANAGER, UTTARANCHAL JAL SANSTHANversusLAXMI DEVI AND OTHERS.

2009 INSC 83215 May 2009Appeal(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 directed the department

STATE OF PUNJABversusSOHAN SINGH

2006 INSC 34415 May 2006Dismissed

The State of Punjab prosecuted Junior Engineer Sohan Singh under Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a bribe of Rs 200 to release an electric connection. The trial court convicted him, but the Punjab & Haryana High Court acquitted him, finding no proo

G. SEKARversusGEETHA & ORS

2009 INSC 50315 April 2009Dismissed

The appeal arose from a partition suit concerning the self‑acquired property of the deceased Govinda Singh, who allegedly left a will in favour of his son (the appellant). The daughters contested the will’s validity and sought partition of the dwelling house. The key legal issue was the effect of the Hindu Succession (

STATE OF MADHYA PRADESHversusSHEIKH SHAHID

2009 INSC 49115 April 2009Appeal(s) allowed

The respondent, Sheikh Shahid, was convicted under Section 376 of the Indian Penal Code for rape and sentenced by the trial court to seven years' rigorous imprisonment and a fine. The High Court of Madhya Pradesh reduced his sentence to the six months he had already served, merely on the ground that he hailed from a ru

SHYAM LAL @ KULDEEPversusSANJEEV KUMAR & ORS

2009 INSC 50415 April 2009Dismissed

Shyam Lal (plaintiff) sued Sanjeev Kumar and others to declare that a mutation in favour of the defendants, who were grandsons of the deceased BR, was illegal because the land was ancestral property that could not be bequeathed by will. The defendants produced a registered will dated 4‑12‑1978 in favour of them and cla

STATE OF A.P.versusARAVAPALLY VENKANNA & ANR.

2009 INSC 49215 April 2009Appeal(s) allowed

The State of Andhra Pradesh appealed a High Court order that quashed an FIR registered under Sections 7(a) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The Supreme Court examined the scope of the inherent jurisdiction under Section 482 of the Code of Criminal Procedure, emphasizing t

GULJAR SINGH & ORS.versusDEPUTY DIRECTOR CONSOLIDATION AND ORS.

2009 INSC 50515 April 2009Dismissed

The dispute concerned 564 bighas of land that had been jointly purchased and later divided among several tenure holders, whose names were not correctly entered in revenue records. The appellants sought correction of the records, leading to a series of applications before the Sub‑Divisional Officer, Assistant Recording

SMT. SARLA VERMA & ORS.versusDELHI TRANSPORT CORPORATION & ANR.

2009 INSC 50615 April 2009Case Partly allowed

The appellant, the widow of a scientist who died in a 1988 bus accident, sought higher compensation than awarded by the Motor Accident Claims Tribunal and enhanced by the Delhi High Court. The Supreme Court examined whether future prospects of the deceased could be factored into income, whether pay revisions occurring

RAMRAJSINGHversusSTATE OF M.P. & ANR.

2009 INSC 49315 April 2009Appeal(s) allowed

The appellant, a General Manager of J.K. Utility Division, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of four cheques issued by his company. The cheques were presented for encashment, returned with a 'stop payment' endorsement, and no payment was made despite notice. The trial cou

STATE OF U.P.versusSUBHASH KUMAR SINGH TOMAR

2009 INSC 49415 April 2009Dismissed

The accused Subhash Kumar Singh Tomar was convicted by a trial court for possession of 500 g of charas after a personal search conducted by police on 3 January 1991. The Allahabad High Court acquitted him, holding that the search violated Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which re

SUHELKHAN KHUDYARKHAN & ANR.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 49515 April 2009Disposed off

The appellants, long‑time tenants of a plot, had erected a tin shed and operated a religious bookshop that was recognised by the municipal council. Following a complaint by a private individual, the Sub‑Divisional Magistrate, invoking Section 133 of the Code of Criminal Procedure, ordered the removal of the shop as a p

SURESH CHANDRA SHARMAversusSTATE OF M.P.

2009 INSC 49615 April 2009Dismissed

The appellant, Sub‑Inspector Suresh Chandra Sharma, was found to have surreptitiously inserted timings into several investigation documents in a murder‑robbery trial, thereby fabricating false evidence. The defence counsel himself witnessed the manipulation but did not report it. The Sessions Court convicted the appell

V.V.S RAMA SHARMA & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 50815 April 2009Appeal(s) allowed

The appellants, former officers of the Life Insurance Corporation of India, were charged under IPC sections 420 and 409 and Stamp Act sections 64 and 69 for allegedly purchasing insurance stamps from vendors outside Uttar Pradesh, causing a loss to the State. They filed writ petitions seeking quashing of the FIR, which

THAHIRA HARIS ETC.versusGOVT. OF KARNATAKA & ORS.

2009 INSC 52915 April 2009Disposed off

The wife of B. Mohammed Haris filed writ petitions challenging his preventive detention under the COFEPOSA Act for alleged involvement in red sanders smuggling. The High Court dismissed the petitions, holding that the detention order of the alleged mastermind, Anil Kumar (AK), had been supplied as a confirmation order,

RAM MARUTHI PAWARversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 50115 April 2009Appeal(s) allowed

The Supreme Court examined the convictions of two accused in a murder case under sections 302 and 149 of the Indian Penal Code. The trial court had convicted A‑12 despite a prosecution concession that there was no evidence against accused Nos.2‑15, and the High Court upheld the conviction of A‑14 based on PW9’s identif

K. ASHOKAversusN.L. CHANDRASHEKAR & ORS.

2009 INSC 53115 April 2009Appeal(s) allowed

The Director of a housing cooperative society filed a complaint under Section 200 of the CrPC alleging that the society's office bearers had cheated the society by allotting a plot at a price far below market value and making illegal gains, based on a report of the Joint Registrar under the Karnataka Cooperative Societ

MANOJ NARAIN AGRAWALversusSHASHI AGRAWAL

2009 INSC 53215 April 2009Disposed off

The case arose from two FIRs relating to a family dispute over a farm house, leading to charge‑sheets against Manoj Narain Agrawal, Shashi Agrawal, Meenaxi Agrawal and others under various IPC sections. The High Court of Uttarakhand dismissed a criminal miscellaneous application under Section 482 CrPC but, while doing

SUMESH SINGHversusPHOOLAN DEVI & ORS.

2009 INSC 53315 April 2009Dismissed

The plaintiff, Babu, owned suit land and filed a suit to set aside a deed of sale executed under a purported Power of Attorney. The plaintiff died during the suit and his heirs were brought on record. An amendment to the plaint was allowed in 2004. Subsequently, the eighth respondent (an heir and legal representative)

M/S. RESIDENTS WELFARE ASSOCIATION, NOIDAversusSTATE OF U.P. & ORS.

2009 INSC 50715 April 2009Appeal(s) allowed

The Residents Welfare Association, Noida sought stamp duty relief on deeds transferring leasehold rights of plots allotted by the Noida Authority to cooperative societies and subsequently to its members. The authorities demanded duty under Article 23 of Schedule 1‑B of the U.P. Stamp Act based on the current market val

STATE OF RAJASTHANversusMOHAN LAL AND ORS.

2009 INSC 50915 April 2009Dismissed

The State of Rajasthan appealed against the acquittal of Mohan Lal and others, who had been convicted for murder under Section 302 read with Section 34 of the Indian Penal Code. The Rajasthan High Court set aside the conviction, holding that the testimony of four alleged eyewitnesses was not credible due to inconsisten

STATE OF M.P.versusCHUNNILAL @ CHUNNI SINGH

2009 INSC 51015 April 2009Case Partly allowed

A complaint was lodged alleging rape and criminal intimidation under Sections 376 and 506 of the IPC and an offence under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation was carried out by a police officer below the rank of Deputy Superintendent of

STATE OF KERALAversusANILACHANDRAN @ MADHU AND ORS.

2009 INSC 49715 April 2009Dismissed

The State of Kerala appealed the Kerala High Court’s order acquitting five accused of murder and related offences. The trial court had convicted them based on the testimony of two eye‑witnesses, but the High Court set aside those convictions, finding the First Information Report (FIR) incomplete, the FIR’s transmission

THE STATE OF ANDHRA PRADESHversusVANGAVEETI NAGAIAH

2009 INSC 49815 April 2009Appeal(s) allowed

The State of Andhra Pradesh appealed a High Court order that had quashed an FIR registered against Vangaveeti Nagaiah under Sections 7(A) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The appeal raised the question of whether the High Court correctly exercised its inherent power under

BABAN BANDU PATILversusSTATE OF MAHARASHTRA

2009 INSC 49915 April 2009Case Partly allowed

The appellant Saban Bandu Patil and six co‑accused were tried for the death of Vithoba and injuries to others arising from a family dispute that escalated into a violent altercation. The trial court convicted three of the accused under Sections 302 and 324 read with Section 34 IPC, while acquitting four. The High Court

M.P. STATE CO-OP. DAIRY FEDN. LTD. & ANR.versusRAJNESH KUMAR JAMINDAR & ORS.

2009 INSC 51215 April 2009Dismissed

The Madhya Pradesh State Co‑operative Dairy Federation Ltd., a society incorporated under the Madhya Pradesh Cooperative Societies Act, ordered the compulsory retirement of 52 employees who had completed 20 years of service. Sixteen employees challenged the order and were awarded 50% back wages by a Single Judge, while

AVINASH DHAVAJI NAIKversusSTATE OF MAHARASHTRA

2009 INSC 51315 April 2009Case Partly allowed

The State of Maharashtra acquired about 5,300 sq m of agricultural land in 96 villages for the New Bombay Project under the Land Acquisition Act, 1894. The Land Acquisition Collector initially valued the land at Rs 0.35 per sq m; the reference court, using the belting method, enhanced compensation to Rs 5‑10 per sq m,

RADHEY SHYAM & ANOTHERversusCHHABI NATH & OTHERS

2009 INSC 51415 April 2009Matter referred to larger bench

The appeal challenged a High Court order that interfered with pending civil suit proceedings concerning an injunction over disputed land. The Supreme Court examined whether Article 226 writ jurisdiction extends to private disputes between individuals, particularly whether a writ of certiorari can quash civil court orde

KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARDversusK.S. GANGADHARAPPA & ANR.

2009 INSC 50015 April 2009Case Partly allowed

The Karnataka Urban Water Supply & Drainage Board appealed against a Karnataka High Court judgment that fixed compensation for land acquired for a drainage scheme at Rs.4,00,000 per acre without providing a basis for that figure. The Supreme Court examined whether rates for small, developed plots could be used to value

STATE OF A.P.versusSAYYAAD SIRAJ MOHAMMED & ORS.

2009 INSC 51515 April 2009Dismissed

The State of Andhra Pradesh appealed the acquittal of Sayyad Siraj Mohammed and others, arguing that the prosecution’s evidence was sufficient. The High Court had observed that the sole eyewitness (PW1) had been taken to the central jail and shown the accused before a test identification parade was conducted on 20 Marc

BALBIR KAUR & ORS.versusNEW INDIA ASSURANCE COMPANY LTD. & ORS.

2009 INSC 51715 April 2009Case Partly allowed

The deceased Baljit Singh was killed when his scooter was hit by a bus on 18 March 1996. His family claimed compensation under Section 166 of the Motor Vehicles Act and the Tribunal awarded Rs 7.96 lakh. The insurer argued that the cover note was issued on 15 March 1996 but was to take effect from 19 March 1996, so it

OM PRAKASH SINGHversusM. LINGAMAIAH & ORS.

2009 INSC 51815 April 2009Dismissed

Om Prakash Singh, a resident of Uttar Pradesh, claimed that a 16‑acre parcel of land in Andhra Pradesh was joint family property and that the Karta, Ram Katin Singh, died in 1978. He alleged that the respondents fabricated three sale deeds in 1980‑81 by forging Singh’s signature and thereby illegally obtained possessio

MANDAL PANCHAYATH HUNSAGIversusNORTH EASTERN K.R.T.C.

2009 INSC 51915 April 2009Dismissed

The North Eastern K.R.T.C., a statutory road transport corporation, filed a suit for permanent injunction to stop the Mandal Panchayat from constructing shops on land that formed part of a public road maintained by the PWD, thereby obstructing a wicket gate used for passenger egress at a bus stand. The Panchayat argued

BIMLA DEVI & ORS.versusHIMACHAL ROAD TRANSPORT CORPN. & ORS.

2009 INSC 52015 April 2009Appeal(s) allowed

The husband of the appellant, Constable Jawala Ram, died when a bus owned by Himachal Road Transport Corporation allegedly reversed without sounding a horn, crushing him. The appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal held that

STATE OF ORISSAversusPRAMOD KR. KODAMSINGH & ORS.

2009 INSC 52115 April 2009Appeal(s) allowed

The State of Orissa prosecuted thirteen accused under IPC sections 302, 149, 148, 326 and Explosives Act section 9. The trial court convicted them, relying on a dying declaration of the deceased and the testimony of injured eye‑witnesses, as well as forensic evidence of bomb residues. The Orissa High Court set aside th

NAVANATH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 52315 April 2009Appeal(s) allowed

The Government of Maharashtra acquired 182 hectares of land for the Uthala Irrigation Project. The Special Land Acquisition Officer fixed market values and awarded additional compensation for fruit‑bearing trees, wells, pipelines and structures, classifying the land as Bagayat (irrigated) and Jirayat (non‑irrigated). T

STATE OF JHARKHAND & ORS.versusSHIV KARAMPAL SAHU

2009 INSC 52215 April 2009Appeal(s) allowed

The appellant State of Jharkhand challenged a High Court order that had granted a compassionate appointment to Shiv Karpal Sahu, whose father, a non‑government employee, was killed in a terrorist attack on 19 May 2000. The High Court had applied circulars issued by the Bihar Government (9 Aug 2000) and the Jharkhand Go

STATE OF A.P.versusP. KHAJA HUSSAIN

2009 INSC 52415 April 2009Dismissed

The State of Andhra Pradesh prosecuted P. Khaja Hussain for murder under Section 302 of the IPC, alleging he poured kerosene on his wife and set her on fire. The trial court convicted him based on two dying declarations—one recorded by a magistrate and another by a police constable an hour later. The Andhra Pradesh Hig

KERALA AGRICULTURAL UNIVERSITYversusB.K. JAYACHANDRAN ETC.

2009 INSC 52515 April 2009Dismissed

The respondents, appointed as Assistant Professors in the 1970s and early 1980s, were promoted to Associate Professor (Non‑Cadre) under a time‑bound grade promotion scheme approved by the Kerala Government and based on the Fourth Pay Commission recommendations. The University later adopted a UGC/ICAR pay‑scale scheme,

PRANITA POWERLOOM COOP. SOC. LTD.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 52615 April 2009Appeal(s) allowed

The petitioners, a group of cooperative societies including Pranita Powerloom Co‑op. Society, sought acquisition of land for an industrial estate. The State cancelled the acquisition order on 30‑08‑2005 for non‑compliance with statutory requirements. The Bombay High Court, ignoring several objections and the lack of a

ANIRUDH AGGARWALversusDHARAM BIR BHATIA

2009 INSC 52715 April 2009Disposed off

The respondent filed a claim under Section 12 of the Consumer Protection Act, 1986 alleging that the appellant, a dentist, abandoned the treatment of his daughter's teeth, causing pain and suffering. The District Consumer Forum awarded the respondent compensation of Rs.25,000 plus costs, while the State Commission held

SHANTI PRASAD JAIN (D) THROUGH LRS.versusPRAKASH NARAIN MATHUR

2009 INSC 53015 April 2009Dismissed

The landlord filed an eviction suit alleging non‑payment of rent and obtained an order from the Rent Controller directing the original tenant to pay rent at Rs 105 per month from 1985. After the tenant's death in 1997, his heirs (the appellants) failed to make timely payments, depositing the arrears in lump sums years

STATE OF UTTARANCHALversusALOK SHARMA & ORS.

2009 INSC 50215 April 2009Appeal(s) allowed

The Supreme Court examined whether circular letters issued by the Uttar Pradesh Government in 1995 and 1996 could be treated as the "notified orders" required under the Uttar Pradesh Absorption of Retrenched Employees of Government of Public Corporations in Government Services Rules, 1991, which mandated a cut‑off date

SETH RAMDAYAL JATversusLAXMI PRASAD

2009 INSC 51115 April 2009Dismissed

The borrower, Laxmi Prasad, had pledged jewellery to money‑lender Seth Ramdayal Jat in 1987 for a loan. After the lender was convicted in a criminal case for charging excess interest, the borrower served a notice on 12 May 1998 demanding the return of the jewellery, which was ignored. A suit for recovery of the pledged

G. RAMACHANDRA REDDY & CO.versusUNION OF INDIA & ANR.

2009 INSC 52815 April 2009Disposed off

The appellant submitted a tender for a construction contract, claiming a 2.25% uplift on rates and a 40% labour component, which the respondent contested, leading to arbitration. The arbitrator held that the appellant’s covering letter formed part of the contract, upheld the 2.25% uplift, substituted the contractually

JARNAIL SINGHversusSTATE OF PUNJAB

2009 INSC 3315 January 2009Appeal(s) allowed

Jarnail Singh was convicted by the trial court for causing the death of Ramtar under Section 304 Part II of the IPC and sentenced to eight years' rigorous imprisonment. On appeal, the Punjab & Haryana High Court, although the appeal was filed by the accused and not the State, altered the conviction to the more serious

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

2009 INSC 130114 December 2009Dismissed

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

SURESH KUMAR BANSALversusKRISHNA BANSAL AND ANR.

2009 INSC 130214 December 2009Appeal(s) allowed

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

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

2009 INSC 113214 September 2009

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

SATISH NARAYAN SAWANTversusSTATE OF GOA

2009 INSC 113314 September 2009Disposed off

Satish Narayan Sawant was accused of stabbing Rauji Dulba Sawant, resulting in the latter's death. The trial court acquitted all accused, but the High Court convicted Sawant under Section 302 IPC and sentenced him to life imprisonment. On appeal, the Supreme Court examined whether the FIR was tainted by Section 162 CrP

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

2009 INSC 113414 September 2009Dismissed

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

S. SURESHversusORIENTAL INSURANCE CO. LTD. & ANR.

2009 INSC 113514 September 2009Appeal(s) allowed

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

STATE OF WEST BENGAL & ORS.versusSAMAR KUMAR SARKAR

2009 INSC 90514 July 2009Appeal(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 227, alleging the Tribu

JAGBIR SINGHversusHARYANA STATE AGRICULTURE MARKETING BOARD & ANR.

2009 INSC 90614 July 2009Case 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 awarded reinstateme

RAJIV MODIversusSANJAY JAIN & ORS.

2009 INSC 90414 July 2009Appeal(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 obtained a quashing o

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

2009 INSC 81514 May 2009Appeal(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 interest should accrue

CAPT. AMARINDER SINGHversusPRAKASH SINGH BADAL & ORS.

2009 INSC 80914 May 2009Dismissed

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 power, hostile witnesses

VILLIANUR IYARKKAI PADUKAPPU MAIYAMversusUNION OF INDIA AND OTHERS

2009 INSC 81014 May 2009Dismissed

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 the award on grounds o

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

2009 INSC 81114 May 2009Disposed 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 over Rs. 4.61 crore,

BASANTI PRASADversusTHE CHAIRMAN,BIHAR SCHOOL EXAMINATION BOARD AND OTHERS

2009 INSC 81314 May 2009Appeal(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 conviction. While his crimin

JAGDISH SINGHversusPUNJAB ENGINEERING COLLEGE & ORS.

2009 INSC 81414 May 2009Disposed 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 from obtaining leave.

GOVERNMENT OF AP. & ANR.versusN. RAMANAIAH

2009 INSC 81614 May 2009Appeal(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 Pradesh Civil Service

UNION OF INDIAversusRAMESH RAM & ORS.

2009 INSC 81214 May 2009Matter 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 higher‑preference service. The Hi

GIMIKPIOTRversusSTATE OF TAMIL NADU AND ANR.

2009 INSC 123313 November 2009Appeal(s) allowed

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

MANOHAR SINGHversusD.S. SHARMA & ORS.

2009 INSC 123413 November 2009Appeal(s) allowed

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

NITYA NANDversusSTATE OF HARYANA ANO ORS.

2009 INSC 123513 November 2009Dismissed

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

PASHAURA SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 123613 November 2009Appeal(s) allowed

Pashaura Singh married Kamaljeet Kaur in 1997, moved to Canada and obtained a divorce decree from the Supreme Court of British Columbia in February 2001. After returning to India he remarried on 2 January 2002. Kamaljeet's brother filed an FIR under IPC sections 494 (bigamy), 498A (dowry harassment) and 506/34 (crimina

REETA NAGversusSTATE OF WEST BENGAL & ORS.

2009 INSC 104513 August 2009Dismissed

The petition concerned whether a Judicial Magistrate could order a reinvestigation under Section 173(8) of the Code of Criminal Procedure after a charge‑sheet had been filed under Section 173(2) and charges were framed against some accused while others were discharged. The Supreme Court held that once a charge‑sheet is

NINGAMMA & ANR.versusUNITED INDIA INSURANCE CO. LTD.

2009 INSC 80313 May 2009Disposed 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 to third‑party claim

JASWANT & ANR.versusSTATE OF RAJASTHAN

2009 INSC 80413 May 2009Appeal(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 the offence and framed

SUCHA SINGHversusSTATE OF PUNJAB

2009 INSC 80613 May 2009Appeal(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 material contradictions reg

RAM SINGH & ORS.versusRAM NIWAS & ANR.

2009 INSC 80713 May 2009Appeal(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 Court set aside that o

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

2009 INSC 80213 May 2009Appeal(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 their house. The tri

SUBRAMANIAMversusSTATE OF TAMIL NADU & ANR.

2009 INSC 80513 May 2009Appeal(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 together, the alleg

SANTOSH KUMAR SATISHBHUSHAN BARIYARversusSTATE OF MAHARASHTRA

2009 INSC 80813 May 2009Dismissed

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 Procedure and argue

MAHTAB SINGH & ANR.versusSTATE OF U.P.

2009 INSC 48213 April 2009Appeal(s) allowed

The accused Mahtab Singh and his son were acquitted by the trial court of murder under s.302 r/w s.34 IPC and of an offence under the Arms Act, on the ground that the prosecution failed to prove its case beyond reasonable doubt. The High Court reversed the acquittal, relying on the testimony of two eye‑witnesses despit

MOHAMMAD RAOFUDDINversusTHE LAND ACQUISITION OFFICER

2009 INSC 48713 April 2009Dismissed

The appellant's 4‑acre land in Medak district was acquired for the Singnoor project and awarded compensation of Rs 9,000 per acre. He sought enhancement to Rs 35 per square yard, relying on a nearby acquisition (Ex A.6) where compensation was Rs 18 per square yard. The High Court dismissed the appeal, preferring its ea

COMMISSIONER OF CENTRAL EXCISE, NAGPURversusSHREE BAIDYANATH AYURVED BHAWAN LTD.

2009 INSC 48813 April 2009Disposed off

Baidyanath Ayurved Bhawan Ltd. manufactures Dant Manjan Lal, a tooth powder prepared according to Ayurvedic formulas. Earlier it was classified as a medicine and exempt from excise duty, but the Tribunal later held it to be a toilet requisite. After the Central Excise Tariff Act, 1985 introduced Sub‑heading 3003.31 for

AVINASH MEHROTRAversusUNION OF INDIA & ORS.

2009 INSC 48913 April 2009Disposed off

The petition arose after a fire in a thatched‑roof school in Kumbakonam killed 93 children, highlighting the unsafe conditions of many Indian schools. The petitioner sought directions that every school provide education in safe premises, invoking Articles 21, 21‑A and 51‑A(k) of the Constitution. The Court examined whe

M/S CSANGO & ORS.versusUNION BANK OF INDIA

2009 INSC 49013 April 2009Disposed off

The appellants, borrowers, appealed a decree of the Bombay High Court in a writ petition concerning a loan claim of Union Bank of India. While the appeal was pending, the parties reached a settlement whereby the appellants would pay Rs.3.10 crore in four installments, with an option to pay the full amount by 9 July 200

RAVINDRA KUMAR MADHANLAL GOENKA & ANR.versusM/S. RUGMINI RAM RAGHAV SPINNERS P. LTD.

2009 INSC 48513 April 2009Dismissed

The appellants, commission agents dealing in cotton, were sued by the respondent for criminal breach of trust, cheating, dishonest misappropriation and conspiracy under IPC sections 406, 420, 384 and 120‑B. They filed a petition under Section 482 of the CrPC seeking to quash the criminal proceedings, arguing that the d

SARVA SHRAMIK SANGHversusINDIAN OIL CORPORATION LTD. & ORS.

2009 INSC 48613 April 2009Appeal(s) allowed

The Sarva Shramik Sangh, representing canteen workers employed by a contractor of Indian Oil Corporation (IOC), first filed a writ petition seeking abolition of the contract labour system under the Contract Labour (Regulation and Abolition) Act, 1970, which was dismissed for want of prosecution. It then filed a second

INTERNATIONAL AIRPORT AUTHORITY OF INDIAversusINTERNATIONAL AIR CARGO WORKERS UNION & ANR.

2009 INSC 48313 April 2009Appeal(s) allowed

The International Airport Authority of India (IAAI) terminated a licence with a private ground‑handling firm, after which the firm’s workers formed a cooperative society and entered into a contract‑labour agreement with IAAI. The workers later sought absorption as regular employees, alleging that the contract was a sha

GOPIKA CHANDRABHUSHAN SARAN & ANR.versusM/S. XLO INDIA LTD. & ANR.

2009 INSC 18213 February 2009Dismissed

The case concerned a residential flat allotted to Mr C.B. Saran, a managing director of XLO India Ltd., which after his resignation and death was occupied by his heirs (the appellants). The company filed a criminal complaint under Section 630 of the Companies Act, 1956 alleging wrongful withholding of its property. The

BUDDHIST MISSION DENTAL COLLEGE. & HOSPITALversusBHUPESH KHURANA & OTHERS

2009 INSC 18313 February 2009Disposed off

The Supreme Court heard an appeal by Buddhist Mission Dental College & Hospital against an order of the National Consumer Disputes Redressal Commission that held the college liable for deficiency in service and unfair trade practice. The college had advertised that it was affiliated to Magadh University and recognized

RAM PAL SINGH & ORS.versusSTATE OF U.P. & ANR.

2009 INSC 18413 February 2009Dismissed

The incident on 1 October 2006 resulted in the death of Brijesh Kumar Singh and injuries to Manvender Singh. The FIR named Ram Pal Singh, Deepak Singh, Ajai Kumar Singh and Anil Kumar Singh, but they were not listed as accused in the charge‑sheet. During trial, PW‑1 (Kamlesh Singh) identified the appellants as particip

PRAGJYOTISH GAONLIA BANK & ANR.versusBRIJLAL DAS

2009 INSC 18513 February 2009Appeal(s) allowed

The Supreme Court examined whether a Scheduled Caste officer, placed 39th on a promotion selection list for Officer Scale II, was entitled to automatic promotion under a concession in NABARD circulars. The bank had 17 vacancies and a circular stating that SC/ST candidates within the number of vacancies would be automat

GOPALversusSTATE OF RAJASTHAN

2009 INSC 18613 February 2009Appeal(s) allowed

The appellant Gopal was charged under Sections 498A and 306 IPC for allegedly subjecting his wife to cruelty that led to her death by asphyxia 22 years after their marriage. The trial court acquitted him on both counts, but the Rajasthan High Court convicted him under Section 498A, holding that the cruelty provision ap

STATE OF M.P.versusABDUL KADIR & ANR.

2009 INSC 18713 February 2009Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court judgment that granted Abdul Kadir, a life convict for murder, release on probation under the Madhya Pradesh Prisoners (Release on Probation) Act, 1954. Although the District Magistrate and Superintendent of Police recommended release, the Probation Board rejecte

NI. PRA CHANNABASAVA D.S. MATADHIPATHIGALU KANNADA MUTTversusC.P. KAVEERAMMA AND ORS.

2009 INSC 18813 February 2009Appeal(s) allowed

The Kannada Mutt, a religious institution, held jagir lands that were abolished under the Karnataka Certain Inams Abolition Act, 1977, vesting the lands in the State. The Mutt was later re‑granted the land, but the mortgagees claimed that the earlier mortgage was revived by the re‑grant and sought possession. The Karna

SPECIAL LAND ACQUISITION OFFICERversusCHANDRAMMA (DEAD) BY LRS.

2009 INSC 18913 February 2009Case Partly allowed

The Special Land Acquisition Officer appealed against the Karnataka High Court’s dismissal of reference petitions filed under Section 54(1) of the Land Acquisition Act, 1894, seeking enhanced compensation for structures on acquired land. The High Court had held that the reference court’s valuation, which fixed a higher

UNISON ELECTRONICS PVT. LTD. AND ANR.versusCOMMISSIONER, CENTRAL EXCISE, NOIDA

2009 INSC 19013 February 2009Dismissed

Unison Electronics Pvt. Ltd. manufactured ice‑cream makers under its own brand "CREMICA" and sold them to United Tele Shopping (UTS) and Tele Shopping Network (TSN). The customers' supervisors affixed stickers bearing the abbreviations "UTS" and "TSN" on the goods before dispatch. The Central Excise Department treated

BIHARI LAL RADAversusANIL JAIN (TINU) & ORS.

2009 INSC 18113 February 2009Appeal(s) allowed

The appellant, Bihari Lal Rada, was elected President of the Hisar Municipal Council, but the election was set aside by the High Court on the ground that the post was reserved for the general category and only councilors elected from unreserved wards could contest. The Supreme Court examined whether the Haryana Municip

CITIZENS FOR JUSTICE AND PEACEversusSTATE OF GUJARAT & ORS.

2009 INSC 2213 January 2009Disposed off

The petitioners, a citizens' organization, filed a writ under Article 32 challenging the appointment and continuation of Shri P.C. Pandey as Director General of Police (DGP) of Gujarat, alleging dereliction of duty during the 2002 communal riots and claiming that his presence would prejudice ongoing investigations and

ORIENTAL INSURANCE CO. LTD.versusRAM PRASAD VARMA & ORS.

2009 INSC 2413 January 2009Disposed off

Ram Prasad Varma, a 55‑year‑old ONGC employee, lost both legs in a motor vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 19.63 lakhs using the structured formula in the Second Schedule with a multiplier of eight and 12% interest; the High Cour

V.V.G. REDDYversusAPSRTC, NIZAMABAD REGION & ANR.

2009 INSC 2513 January 2009Dismissed

V.V.G. Reddy, a bus conductor employed by the Andhra Pradesh State Road Transport Corporation, was dismissed following disciplinary proceedings. The Labour Court, on a consent award, ordered his reinstatement with continuity of service but expressly denied back wages and attendant benefits. Reddy sought notional increm

OM CONSTRUCTION CO.versusAHMEDABAD MUNICIPAL CORP. & ANR.

2009 INSC 2613 January 2009Appeal(s) allowed

OM Construction Co, a contractor, completed stone‑paving work for Ahmedabad Municipal Corporation (AMC) but was not paid the full amount due. The contract contained Clause 30 of Form B‑1, which referred disputes to arbitration, but the arbitration clause did not specify a procedure for appointing an arbitrator. OM Cons

UNION OF INDIA AND ORS.versusSHANTIRANJAN SARKAR

2009 INSC 2713 January 2009Dismissed

Shantiranjan Sarkar, a member of a Scheduled Caste, applied for the post of Postman/Mail Guard in the Andaman and Nicobar Islands and later for promotion to Peon/Group D. He obtained more than the 30% cut‑off prescribed for SC/ST candidates but less than the 45% required for the open category, and his representations a

HARBANS SINGH & ORS.versusSANT HARI SINGH & ORS.

2009 INSC 2813 January 2009Dismissed

The dispute concerned the management of Gurudwara Sant Bela Sahib Patshahi, where the Mohtim, Sant Hari Singh, claimed exclusive control and the Managing Committee claimed joint management. Two suits—one by the Mohtim and one by the Managing Committee—were consolidated and heard together; the trial court granted an inj

PAUL ENTERPRISES & ORS.versusRAJIB CHATTERJEE & CO. & ORS.

2009 INSC 2913 January 2009Dismissed

The case concerned the meaning of "unemployed youth" in a West Bengal Excise Order that reserved liquor‑shop licences for firms formed by such persons. Paul Enterprises and others (appellants) challenged the grant of a licence to Rajib Chatterjee and others (respondents), arguing that the respondents were engaged in se

MOHAN SINGHversusKASHI BAI & ORS.

2009 INSC 3013 January 2009Dismissed

The case arose from a motor accident on 21 November 1999 in which a jeep driven by Mohan Singh collided with a truck, resulting in the deaths of three persons. The victims' heirs filed claims for compensation under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded compensation

REVENUE DIVISIONAL OFFICER-CUM-L.A.O.versusSHAIK AZAM SAHEB ETC. ETC.

2009 INSC 2013 January 2009Case Partly allowed

The State acquired 87.96 acres of agricultural land in villages Pasupula and B. Thandrapadu, about 4 km from Kurnool district headquarters and abutting National Highway 18, for establishing Sri Krishna Devaraya University. The Collector initially awarded Rs 16,000 and Rs 15,000 per acre respectively; the lower courts e

R.B. RAMLINGAMversusR.B. BHUVANESWARI

2009 INSC 3113 January 2009Hearing Adjourned

The petitioner filed a Special Leave Petition (SLP) 568 days after the Madras High Court judgment of 18 September 2006, claiming the delay was caused by the pendency of a review application filed within the prescribed period. The central issue was whether the prosecution of a review proceeding could be considered a "su

JHARU RAM ROYversusRAMJIT ROY AND ORS.

2009 INSC 3213 January 2009Dismissed

The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the deeds and claim pos

NATIONAL CAMPAIGN COMMTT.,C.L.LABOURversusUNION OF INDIA & ORS.

2009 INSC 2113 January 2009Hearing Adjourned

The Supreme Court heard a writ petition filed by the National Campaign Committee, C.L. Labour, alleging that several State Governments and Union Territories had failed to implement the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The petition

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

2009 INSC 122912 November 2009Dismissed

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

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

2009 INSC 123012 November 2009Dismissed

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

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

2009 INSC 123112 November 2009Dismissed

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

THE COMMISSIONER OF CENTRAL EXCISE, GOA AND ANR.versusM/S. FUNSKOOL (INDIA) LTD. AND ANR.

2009 INSC 123212 November 2009Appeal(s) allowed

The Commissioner of Central Excise appealed against the CESTAT order that had classified three board games – Snake and Ladder, Monopoly and Scrabble/Upwards – as not falling under Heading 95.04 of the Central Excise and Tariff Act, 1985. The Supreme Court examined the criteria for distinguishing toys, puzzles and games

AVINASH SINGH BAGRI AND ORS.versusREGISTRAR IIT DELHI AND ANR.

2009 INSC 104312 August 2009Disposed off

The petitioners, who are SC/ST/OBC students admitted to IIT Delhi for B.Tech, were expelled after failing to meet the minimum credit requirements in their first two years. They argued that the institute provided no special coaching, summer courses, or a slow‑track programme, thereby violating the constitutional mandate

LAL CHANDversusUNION OF INDIA & ANOTHER

2009 INSC 104412 August 2009Disposed off

The case concerned the determination of market value for lands in Rithala village, Delhi, acquired under four notifications of the Land Acquisition Act, 1894. The Delhi High Court had based compensation on Delhi Development Authority (DDA) allotment rates and limited sale deed evidence, awarding Rs.67,536 per bigha for

RAM PAT & ORS.versusSTATE OF HARYANA

2009 INSC 79112 May 2009Dismissed

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 injuries on Harda Ram

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

2009 INSC 79212 May 2009Disposed 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 disallowed by the Asses

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

2009 INSC 79312 May 2009Appeal(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 the Industrial Dispu

AHMED HUSSEIN VALI MOHAMMED SAIYED & ANR.versusSTATE OF GUJARAT

2009 INSC 78912 May 2009Dismissed

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, witness testimony, and f

SARBJIT SINGH & ANR.versusSTATE OF PUNJAB & ANR.

2009 INSC 79612 May 2009Appeal(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 appeal before the Supr

PRALHAD & ORS.versusDEORAO & ORS.

2009 INSC 79712 May 2009Dismissed

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 Directors was pendi

ORIENTAL INSURANCE CO. LTD.versusDEO PATODI AND ORS.

2009 INSC 79812 May 2009Disposed 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 offering Rs 18 lakhs p

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

2009 INSC 79912 May 2009Dismissed

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 Regulations, 1971, they wer

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

2009 INSC 80112 May 2009Disposed 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 statutes and that in

STATE OF PUNJABversusGURLABH SINGH AND ANOTHER

2009 INSC 79012 May 2009Disposed 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, under Section 29 of th

UNION OF INDIAversusM/S. RAJASTHAN SPINNING AND WEAVING MILLS

2009 INSC 79412 May 2009Appeal(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 the escaped duty res

UNION OF INDIAversusHARPAT SINGH & ORS.

2009 INSC 79512 May 2009Disposed 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 Ram Sharma (2004), the

NATIONAL INSURANCE COMPANY LTD.versusSMT. SAROJ AND ORS.

2009 INSC 80012 May 2009Dismissed

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 stated demand of Rs

VINODANversusVISHWANATHAN

2009 INSC 15512 February 2009Disposed off

The case involved two brothers who jointly owned a plot of land on which a building was constructed. The plaintiff claimed an equal share in the building, while the defendant asserted that he had borne the entire construction cost, amounting to Rs.55,000, and that the plaintiff was only entitled to that amount. The tri

RUR SINGH (D) TH. LRS. & ORS.versusBACHAN KAUR

2009 INSC 15612 February 2009Appeal(s) allowed

The case concerned a Will executed by a villager, Kehar Singh, bequeathing his agricultural lands to his sons, which was challenged by his daughter Bachan Kaur on the ground that the Will was not duly executed and was surrounded by suspicious circumstances. The trial court and the first appellate court held the Will ge

CC (PREVENTIVE) AMRITSARversusM/S. MALWA INDUSTRIES LTD

2009 INSC 15712 February 2009Dismissed

The appellant, a customs preventive authority, challenged the exemption granted to M/s Malwa Industries Ltd under Notification No. 4/2006‑CE dated 1 March 2006, which provided a nil rate of additional duty on certain imported goods used in the same factory. The issue was whether the phrase “same factory” required the g

CHAIRMAN, GANGA YAMUNA GRAMIN BANK & ORS.versusDEVI SAHAI

2009 INSC 15812 February 2009Appeal(s) allowed

The employee, Devi Sahai, was dismissed by Ganga Yamuna Gramin Bank, a Regional Rural Bank, on charges of misconduct after he failed to attend a departmental inquiry. He challenged the dismissal before the High Court, contending that the bank had not followed disciplinary procedures prescribed in guidelines issued by N

UNION OF INDIAversusDHARAM PAL ETC.

2009 INSC 15912 February 2009Appeal(s) allowed

The Union of India appealed against a High Court order that upheld a tribunal’s direction to regularise the services of several railway clerks who had been appointed on an ad‑hoc basis. The respondents had been officiating as Material Checking Clerks (MCC) from 1986 without complying with the mandatory procedures of th

MCORP GLOBAL PVT. LTD.versusCOMMISSIONER OF INCOME-TAX, GHAZIABAD

2009 INSC 16112 February 2009Case Partly allowed

The assessee, a lessor of soft‑drink bottles, claimed depreciation under Section 32(1)(ii) of the Income‑Tax Act for two lease transactions dated 15‑Feb‑1991 and 15‑Mar‑1991. The Assessing Officer (AO) allowed depreciation only for 42,000 bottles out of 5,46,000 for the first transaction and disallowed depreciation for

RAGHAVENDRA RAO ETC.versusSTATE OF KARNATAKA & ORS.

2009 INSC 16212 February 2009Dismissed

The appellants, appointed as Patwaris/Nillage Accountants by a Tehsildar/Assistant Commissioner, sought regularisation of their services under the Karnataka Civil Services (Special Recruitment of Local Candidates) Rules, 1986. The State contended that the 1986 Rules were inapplicable because the appointing authority un

U.P. STATE ROAD TRANSPORT CORPORATIONversusASSISTANT COMNR. OF POLICE (TRAFFIC) DELHI

2009 INSC 16412 February 2009Appeal(s) allowed

The U.P. State Road Transport Corporation (UP SRTC) challenged the suspension of its inter‑state bus permit by the Assistant Commissioner of Police (Traffic), Delhi, alleging that the officer lacked jurisdiction under the Motor Vehicles Act, 1988. The Supreme Court examined whether directions issued under Articles 32 a

STATE OF U.P.versusSUKHPAL SINGH & OTHERS

2009 INSC 16612 February 2009Appeal(s) allowed

The State of Uttar Pradesh prosecuted Sukhpal Singh and others for offences under section 396 of the Indian Penal Code, alleging that on 1 September 1979 a group of armed men entered a house, fired indiscriminately, killed two persons and injured two others. Dying declarations of the deceased and statements of injured

S.P. DEVARAJUversusSTATE OF KARNATAKA

2009 INSC 16712 February 2009Dismissed

The deceased was stabbed to death during a land dispute and, before dying, gave a statement identifying the accused. The trial court acquitted the accused, but the Karnataka High Court convicted him under Section 304 Part II of the IPC, relying on the dying declaration and the recovery of the weapon. The accused appeal

MALLIKARJUNA G. HIREMATHversusBRANCH MANAGER, ORIENTAL INSURANCE CO. LTD.& ANR.

2009 INSC 16812 February 2009Appeal(s) allowed

The deceased, a driver employed by the appellant, was directed to take a vehicle with passengers to a temple. While at the temple he slipped on the steps of a pond and drowned. His wife claimed compensation under the Workmen Compensation Act, 1923, alleging that the death occurred in the course of and arising out of hi

HINDUSTAN COOP. HOUSING SOCIETY LTD.versusREGISTRAR, CO-OPERATIVE SOCIETIES AND ANR.

2009 INSC 16912 February 2009Appeal(s) allowed

The appellant Hindustan Co‑operative Housing Society rejected the transfer of membership from its former member Anoop Singh to his daughter Jasjit Kaur, citing the member's failure to furnish a required affidavit. Jasjit Kaur filed a writ petition in the Delhi High Court seeking allotment of a plot or refund of monies

STATE OF U.P.versusSHEO LAL & ORS.

2009 INSC 17012 February 2009Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Sheo Lal and others, who had been convicted by a trial court for murder (Sec. 302 r/w Sec. 34 IPC), voluntarily causing hurt (Sec. 323 r/w Sec. 34 IPC) and assault on a woman (Sec. 354 IPC). The prosecution alleged that the accused, who

G. VIVEKANANDANversusSRIRAMULU & ORS.

2009 INSC 17112 February 2009Disposed off

The accused were convicted under Sections 302 and 34 of the Indian Penal Code for the murder of Gurusamy Naicker. The Madras High Court reversed the conviction and acquitted the accused, but did so without analysing the trial court's evidence or providing reasons for rejecting the conviction. The Supreme Court held tha

M/S CARPENTER CLASSIC EXIM P. LTD.versusCOMMNR. OF CUSTOMS (IMPORTS) AND ANR.

2009 INSC 17212 February 2009Dismissed

The appellant, Mis Carpenter Classic Exim Pvt Ltd, was found by the CESTAT to have under‑valued its import consignments by about 65% to evade customs duty, leading to penalties under Sections 112(a) and 114A of the Customs Act, 1962. The company argued that a payment of Rs. 25 lakhs made before the show‑cause notice sh

RAM NARESH PRASADversusSTATE OF JHARKHAND & ORS.

2009 INSC 17312 February 2009Case Partly allowed

The case arose from an FIR reporting theft of five idols, leading to the investigation and conviction of four accused, including the appellant Ram Naresh Prasad. The prosecution’s application under Section 319 CrPC to summon the appellant was dismissed, but a final report against him was later accepted. Two years later

ASHABAI MACHINDRA ADHAGALEversusSTATE OF MAHARASHTRA AND ORS.

2009 INSC 15412 February 2009Appeal(s) allowed

The appellant filed an FIR alleging an offence under Section 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The accused filed a petition under Section 482 of the CrPC seeking quash of the proceedings on the ground that the FIR did not mention his caste. The Bombay High Court allow

KANNIKAversusMOOKAIAH & ANR.

2009 INSC 17512 February 2009Case Partly allowed

The accused Kannika was convicted by the trial court under IPC sections 306 (abetting suicide) and 294(8) (obscene acts). The appellate court acquitted him, but the Madras High Court, on revision, restored the conviction. The Supreme Court was approached to examine whether the High Court erred by not considering the su

MILIND BHAGWANRAO GOOSEversusSTATE OF MAHARASHTRA & ANOTHER

2009 INSC 17412 February 2009Dismissed

Milind Bhagwanrao Goose was convicted under Sections 498A (dowry harassment) and 306 (abetment of suicide) of the IPC for subjecting his wife Lata to extreme mental cruelty that led her to commit suicide by self-immolation on 9 October 1989. The deceased had repeatedly complained to her parents about the husband's dema

STATE OF PUNJAB & ORS.versusINDER MOHAN CHOPRA & ORS.

2009 INSC 17612 February 2009Appeal(s) allowed

The State of Punjab appealed against the Punjab and Haryana High Court's order quashing an FIR under Section 36 of the Punjab Apartment and Property Regulations, 1995, on the ground that the individual share of the joint family property was less than 1000 sq.m. The Supreme Court examined the scope of the High Court's i

SANTOKH SINGHversusSTATE OF PUNJAB

2009 INSC 17712 February 2009Case Partly allowed

Santokh Singh and his wife were tried for murder after a land dispute in which Santokh fired a pistol at Gurdip Singh, causing his death, and was also injured when his arm was twisted during the altercation. He claimed the right of private defence, arguing he possessed the disputed land, but the trial court and High Co

PEETHANI SURYANARAYANA & ANR.versusREPAKA VENKATA RAMANA KISHORE & ORS.

2009 INSC 17812 February 2009Dismissed

The appeal arose from a partition suit concerning a joint family property where the appellants had purchased undivided shares from certain defendants. A preliminary decree and a final decree were passed, both attaining finality. After the final decree, the decree holder sought to amend the decree to correct a clerical

SHARADversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 17912 February 2009Dismissed

The appellant, appointed as a District Transport Officer in 1984 on probation, was required by the District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 to pass a departmental examination within two years and three chances. He failed to pass within the prescribed period and consequen

NARAYANAN RAJENDRAN & ANOTHERversusLEKSHMY SAROJINI & OTHERS

2009 INSC 18012 February 2009Appeal(s) allowed

The plaintiffs sued for a share in a property claiming it was a sub‑tarward asset governed by the marumakkathayam customary law. The trial court and the first appellate court held that the property was not partible, the parties were governed by the makkathayam law and the plaintiffs failed to prove their claim. The Hig

PUNJAB STATE ELECTRICITY BOARD AND OTHERSversusJAGJIWAN RAM AND ORS.

2009 INSC 16012 February 2009Appeal(s) allowed

The Punjab State Electricity Board introduced a scheme granting time‑bound promotional scales after 9/16 years of regular service and promotional increments after 23 years of regular service. A group of employees who had initially been engaged as work‑charged staff and later regularised claimed that their prior work‑ch

TUSHAR D. BHATTversusSTATE OF GUJARAT & ORS.

2009 INSC 16312 February 2009Dismissed

The appellant, a Food Inspector with over 18 years of service, was transferred to Bhuj in 1999 but refused to report, remained absent for more than six months, threatened his superiors, used intemperate language and flouted orders. A disciplinary inquiry found him guilty of seven charges and recommended dismissal under

J. KUMARADASAN NAIR & ANR.versusIRIC SOHAN & ORS.

2009 INSC 16512 February 2009Appeal(s) allowed

The case involved an appeal by J. Kumaradasan Nair & Anr. against Iric Sohan & Ors. concerning the applicability of Section 14 of the Limitation Act, 1963, after the appellants had prosecuted appeals in the wrong forum and cited an incorrect provision. The Kerala High Court had held that Section 14 was not attracted an

STATE OF H.P.versusRAM KRISHAN

2009 INSC 1512 January 2009Case Partly allowed

The deceased Manohar Lal was assaulted by the accused Ram Krishan and co‑accused Harminder with a stone, which struck the left side of his head, causing fatal brain injury and leading him to fall down a hill. The trial court convicted the accused under Section 302 IPC. The Himachal Pradesh High Court acquitted them, sp

RAJASTHAN STATE ELECTRICITY BOARDversusM/S. UNIVERSAL PETROL CHEMICALS LTD.

2009 INSC 1612 January 2009Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) entered into two purchase orders and agreements with Universal Petrol Chemicals Ltd. for transformer oil, each containing an arbitration clause and an ouster clause confining jurisdiction to the courts at Jaipur, Rajasthan. Disputes arose over defective oil and the Board sou

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