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Judgments of 2009

1317 judgments · newest first · showing 601–800

UNION OF INDIA AND ORS.versusDIPAK KUMAR SANTRA

2009 INSC 728Appeal(s) allowed

The case concerned Dipak Kumar Santra, who was discharged from the Indian Army after failing the clerks' proficiency and aptitude tests. He filed a writ petition challenging his discharge, arguing that the competent authority lacked power under Rule 13(3) of the Army Rules, 1954, and that the …

BHARAT PRASAD & ORS.versusTHE STATE OF BIHAR & ORS.

2009 INSC 729Appeal(s) allowed

The appellants, who had been granted Bataidari rights over a parcel of land through a proceeding under Section 48E of the Bihar Tenancy Act, saw those rights later challenged through multiple criminal proceedings under Sections 144 and 145 of the Code of Criminal Procedure. The High Court refused to …

PRAHLAD SINGH & ANR.versusSTATE OF U.P. & ORS.

2009 INSC 704Disposed off

The petitioners, operators of 55‑seater stage‑carriage buses, challenged the demand of additional tax under Article II of Part D of the Uttar Pradesh Motor Vehicles Taxation Act, 1997, arguing that they only carried passengers and their luggage and should pay tax only under Article I Item 7 for …

SECRETARY, M/O DEFENCE & ORS.versusAJIT SINGH

2009 INSC 741Appeal(s) allowed

Ajit Singh, an army soldier enlisted on 29-09-1985, suffered a 20% disability due to an electric shock while on casual leave and was medically discharged after 4 years, 11 months of service. He filed a suit seeking a disability pension, which was granted by the trial court, the district court, and …

HARYANA VIDYUT PARSARAN NIGAM LIMITED & ANR.versusGULSHAN LAL & ORS.

2009 INSC 742Dismissed

Haryana Vidyut Parishan Nigam Limited (the corporation) owned two thermal power plants; employees at its Faridabad plant sued for higher pay scales, seeking a declaration of entitlement and a mandatory injunction to pay the higher salaries with interest, invoking the principle of equal pay. The …

HARYANA STATE ELECTRICITY BOARD & ANR.versusGULSHAN LAL AND ORS.

2009 INSC 743Appeal(s) allowed

The Haryana State Electricity Board (HSEB) operated two thermal power plants with differing pay scales for identical posts, prompting employees at the Faridabad plant to sue for equal pay based on the doctrine of "equal pay for equal work". The lower courts granted higher pay and designation to the …

D. JAYANAversusSTATE OF KARNATAKA

2009 INSC 746Case Partly allowed

The appellant, D. Jayana, was convicted by a trial court of dowry death under Section 304-8 IPC and cruelty under Section 498-A IPC, receiving a life term for the former. The Karnataka High Court upheld both convictions but reduced the sentences to seven years for 304-8 and three years for 498-A, to …

TATA POWER COMPANY LTD.versusRELIANCE ENERGY LIMITED AND OTHERS

2009 INSC 731Appeal(s) allowed

The Supreme Court examined a dispute between Tata Power Company (TPC), its distribution arm, BEST and Reliance Infrastructure (Rlnfra) over the Maharashtra Electricity Regulatory Commission's (MERC) approval of power purchase agreements (PPAs) and its direction to allocate generation capacity. The …

EASTERN COALFIELDS LTD.versusSANJAY TRANSPORT AGENCY & ANR.

2009 INSC 747Disposed off

Eastern Coalfields Ltd., a public sector undertaking, entered into an excavation contract with Sanjay Transport Agency, a private party. When a dispute arose, the contractor invoked Section 11(6) of the Arbitration and Conciliation Act, 1996, and the Calcutta High Court appointed an arbitrator. The …

M/S. RADHEY SHYAM RATANLAL & ANR.versusCOMMNR. OF CUSTOMS (ADJUDICATION), MUMBAI

2009 INSC 744Dismissed

The appellants imported bulk cloves and claimed that the customs duty should be assessed on the contract price of US$2600 per metric ton, which they alleged was the transaction value. The Customs Department, relying on Section 14(1) of the Customs Act, 1962 and Rules 4, 5 and 10A of the Customs …

UNION OF INDIA & ORS.versusPARUL DEBNATH & ORS.

2009 INSC 745Dismissed

The respondents, Home Guards in the Andaman & Nicobar Islands, had served continuously for 12‑23 years and sought regularisation and equal pay with regular employees. The Central Administrative Tribunal directed the government to frame a scheme for their absorption, invoking the principles laid down …

OMPRAKASH & ORS.versusRADHACHARAN & ORS.

2009 INSC 671Dismissed

The case concerned the intestate succession of self‑acquired property of Narayani Devi, a widow who was expelled from her matrimonial home and lived with her parents. After her death, her mother and her brothers applied for a succession certificate, while the heirs of her husband also claimed the …

STATE OF CHHATISGARH & ORS.versusDHIRJO KUMAR SENGAR

2009 INSC 672Appeal(s) allowed

The deceased headmaster of a government school died intestate, leaving his brother and nephew as natural heirs. The nephew, Dhirjo Kumar Sengar, applied for a compassionate appointment claiming to be the deceased's adopted son, supported by an unregistered deed of adoption and a succession …

RAJ KUMAR KHURANAversusSTATE OF (NCT OF DELHI) & ANR.

2009 INSC 677Appeal(s) allowed

The appellant claimed that two blank cheques were stolen and reported the loss to his bank. The cheques were later filled and presented for payment, but the bank returned them with the remark that they were reported lost by the drawer. The respondent filed a complaint under Section 138 of the …

SHRISHTI NARAIN JHAversusBINDESHWAR JHA AND ORS.

2009 INSC 678Dismissed

The appellant, Shrishti Narain Jha, alleged that on the night of 5-6 July 1981 a group of 14‑15 dacoits entered his house, assaulted his family, killed his father and stole valuables. The prosecution relied on the informant’s (PW‑7) statement and the testimony of his brothers (PW‑4, PW‑6) who …

RAM SURESH SINGHversusPRABHAT SINGH @ CHHOTU SINGH & ANR.

2009 INSC 679Dismissed

The appellant, Ram Suresh Singh, appealed against a High Court order that held the accused, Prabhat Singh, to be a juvenile on the basis of school admission register entries showing a birth date of 10‑02‑1987. The trial magistrate had appointed a Medical Board which estimated the accused's age to be …

VIJAYANversusSADANANDAN K. & ANR.

2009 INSC 680Dismissed

Vijayan was convicted under Section 138 of the Negotiable Instruments Act and sentenced to one year imprisonment with a direction to pay Rs.8.25 lakh as compensation under Section 357(3) of the Code of Criminal Procedure (CrPC), with a default term of six months’ imprisonment for non‑payment. The …

DHARMESHBHAI VASUDEVBHAI & ORS.versusSTATE OF GUJARAT & ORS.

2009 INSC 681Appeal(s) allowed

The City Co-operative Bank filed a complaint alleging several offences and the Judicial Magistrate ordered an investigation under Section 156(3) CrPC. The complainant later applied to withdraw the inquiry on the ground of a compromise, and the Magistrate recalled his earlier order. Depositors in the …

BIMLA DEVI AND ANR.versusSTATE OF JAMMU AND KASHMIR

2009 INSC 682Appeal(s) allowed

The appellants were convicted by the trial court for offences under Sections 306 (abetment of suicide) and 498-A (dowry harassment) of the Ranbir Penal Code, although the charge originally framed was only under Section 302 IPC (murder) read with Section 34. The High Court upheld the conviction, …

JAWAHAR SINGH @ BHAGAT JIversusSTATE OF GNCT OF DELHI

2009 INSC 683Dismissed

The appellant was arrested on 26 September 1999 for possession of 600 grams of heroin and was convicted under Section 21 of the NDPS Act, receiving a ten‑year rigorous imprisonment and a fine. The conviction was affirmed by the High Court, and the appellant appealed, contending that the Narcotic …

RADHEY SHYAM GARGversusNARESH KUMAR GUPTA

2009 INSC 684Dismissed

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the complainant's evidence was recorded by affidavit. The appellant later sought to have the complainant summoned again for examination in chief, invoking Section 145(2) of the Act, despite the affidavit …

AKBAR SHEIKH & ORS.versusSTATE OF WEST BENGAL

2009 INSC 685Disposed off

The case arose from a night-time mob attack on 16 May 1982 in Bujung, West Bengal, where several persons were killed and many were accused of being part of an unlawful assembly. The trial court convicted twenty persons under Sections 141, 142, 143 and 149 of the Indian Penal Code, despite some …

AKULA VEERA VENKATA SURYA PRAKASH @BABIversusPUBLIC PROSEUCTOR, HIGH COURT OF AP.

2009 INSC 686Appeal(s) allowed

The Supreme Court examined the conviction of accused No.1 (A‑1) under Section 302 IPC for the murder of Abbai Reddy. The Court found that the testimony of the injured eyewitness (PW‑1) was riddled with inconsistencies, including contradictory statements about the location of the incident, the …

DIR., CENT. MARINE FISHERIES RES INST. & ORS.versusA. KANAKKAN & ORS.

2009 INSC 687Dismissed

The Director of the Central Marine Fisheries Research Institute (affiliated to ICAR) appealed against a Supreme Court order granting four former "Computer" employees a revised pay scale of Rs.425‑600. The employees had earlier filed an application before the Central Administrative Tribunal (CAT) …

HARMANPREET SINGH AHLUWALIA & ORS.versusSTATE OF PUNJAB & ORS

2009 INSC 688Appeal(s) allowed

The appellants, Harmanpreet Singh Ahluwalia and his parents, sought to quash an FIR filed in Jalandhar under IPC sections 406 and 420 alleging dowry demand and criminal breach of trust. The FIR was lodged after the parties had been residing in Canada for several years and the alleged demand was made …

NARENDRAversusSTATE OF KARNATAKA

2009 INSC 689Dismissed

The appellant, Narendra, was charged with murder and cruelty under Sections 302 and 498A IPC for the death of his wife Mythradevi in February 1994. The trial court acquitted him, accepting his alibi that he was away buying milk and finding the prosecution evidence insufficient. On appeal, the …

BAWA RAM & ANR.versusSTATE OF U.T. CHANDIGARH

2009 INSC 690Disposed off

The accused were convicted under Section 302 read with Section 34 of the IPC for allegedly pouring kerosene on the deceased, Nazar Khan, based on two dying declarations. The deceased's father, mother and uncle initially gave statements implicating the accused but later retracted, asserting that the …

BALA BAINE LINGA RAJUversusSTATE OF A.P.

2009 INSC 691Disposed off

The appellant stabbed the husband of PW‑2 with scissors, causing fatal injuries to the lung and heart. The trial court convicted him under IPC s.304 Part I and sentenced him to seven years' imprisonment. The High Court upheld the conviction but released the appellant under the Probation of Offenders …

HARI RAMversusSTATE OF RAJASTHAN & ANR.

2009 INSC 693Appeal(s) allowed

Hari Ram was arrested in 1998 for offences under the IPC and the trial court initially held him to be a juvenile (under 16) and sent the case to the Juvenile Justice Board. The Rajasthan High Court later held he was over 16 and applied the 1986 Juvenile Act, rejecting the claim of juvenility. On …

RANVIR YADAVversusSTATE OF BIHAR

2009 INSC 694Case Partly allowed

The Supreme Court examined the conviction of Ranvir Yadav under Section 302 of the IPC for murder, arising from a 1982 incident on the Ganges. The appellant contended that the trial court failed to put any incriminating material before him during the examination under Section 313 of the CrPC, …

UNION OF INDIA & ORS.versusM/S MARTIN LOTTERY AGENCIES LTD.

2009 INSC 701Dismissed

The case concerned whether the sale, promotion and marketing of state‑run lottery tickets by M/s Martin Lottery Agencies Ltd. attracted service tax under Section 65(19) of the Finance Act, 1994. The High Court had held that lottery tickets are not "goods" and that the distributor’s activities were …

VISHNU DUTT SHARMAversusDAYA SAPRA

2009 INSC 702Appeal(s) allowed

Vishnu Dutt Sharma sued Daya Sapra for recovery of a loan, while simultaneously filing a criminal complaint under Section 138 of the Negotiable Instruments Act for a dishonoured cheque. The criminal trial resulted in an acquittal of Sapra. Sapra then sought to have the civil suit dismissed under …

HIDAYATKHAN BISMILLAKHAN PATHANversusVAIJNATH AND ORS.

2009 INSC 703Appeal(s) allowed

The case concerned the Marathwada Sarvodya Shikshan Prasarak Mandal, a public trust, where disputes arose over the validity of elections held in 2001. The first respondent challenged the election, but the Joint Charity Commissioner dismissed the limitation defence and initiated suo‑moto proceedings …

BHANKRA BYAS MANAGING BOARDversusSURESH AND ANR.

2009 INSC 673Disposed off

The appellant, Bhankra Byas Managing Board, appealed against an interim order of the Punjab & Haryana High Court that, upon admitting a second appeal, directed it to grant a compassionate appointment to respondent No.1, who claimed to be the adopted son and legal heir of a deceased employee. The …

PRADEEP CHAUDHARY & ORS.versusUNION OF INDIA & ANR.

2009 INSC 674Dismissed

The petitioners, residents of Haridwar district, challenged the inclusion of their district in the newly created State of Uttarakhand under the Uttar Pradesh Reorganisation Act, 2000, alleging that the Parliament violated the mandatory consultation provision in the proviso to Article 3 of the …

MOTILAL AND ANR.versusSTATE OF RAJASTHAN

2009 INSC 676Disposed off

The case concerned the murder of Gyan Chand on 11 November 1993, for which eight persons were tried and several were convicted under Section 302 read with Section 34 of the IPC. The appellants challenged their convictions on the grounds that the First Information Report (FIR) was ante‑dated, showing …

STATE OF U.P.versusPARAS NATH SINGH

2009 INSC 669Appeal(s) allowed

Paras Nath Singh, a public servant, was convicted by a trial court under IPC sections 409 and 468. The Sessions Judge acquitted him, holding that the sanction for prosecution was not given by an authorized authority, that the charges were improperly framed, and that the examination under Section 313 …

MANISHA LALWANIversusD.V. PAUL

2009 INSC 696Disposed off

The High Court, in a rent‑control suit, passed a conditional decree directing the tenant to deposit Rs 10,000 in the trial court within four months, failing which the tenant would be evicted under Section 12(1) of the Rent Control Act. The tenant did not make the deposit and applied for an extension …

CHANDRAKANT HARGOVINDAS SHAHversusDEPUTY COMMISSIONER OF POLICE & ANR.

2009 INSC 697Dismissed

The appellant, a renowned sport shooter, was granted two arms licences (revolver/pistol and rifle) under Form III of the Arms Rules for personal use. Between 1996 and 2005 he bought and sold firearms on 39 occasions and imported arms on 26 occasions, prompting a show‑cause notice alleging misuse of …

BRAHAM DASSversusSTATE OF H.P.

2009 INSC 698Appeal(s) allowed

The appellant, a bus driver for the Himachal Pradesh Road Transport Corporation, was charged under Sections 279 and 304A of the Indian Penal Code for starting a bus while a passenger was on the roof, leading to the passenger's fatal injuries. The trial court acquitted him, finding no evidence of …

MADDINENI KOTESWARA RAOversusMADDINENI BHASKARA RAO AND ANR.

2009 INSC 699Dismissed

The appellant and respondents, siblings of a deceased father who was also a joint family manager, were parties to a partition suit concerning family property. While the suit was pending, the father executed a registered will bequeathing his one‑fourth share to the respondent, and subsequently died. …

STATE OF M.P.versusDEVENDRA

2009 INSC 670Disposed off

The State of Madhya Pradesh appealed against directions issued by the Indore Bench of the High Court that mandated the State Government to amend police regulations to require photographs of complainants, material witnesses and accused persons to be taken and attached to charge sheets in all criminal …

STATE OF RAJASTHANversusBHIYA RAM

2009 INSC 692Appeal(s) allowed

The accused Bhiya Ram and Prahlad Ram were stopped while riding a motorcycle and a large quantity of opium was seized. The seized material was sent to the Forensic Science Laboratory (FSL) for analysis, and the accused contended that the samples did not reach the FSL with the seals intact, rendering …

SUSHIL KUMAR JAINversusMANOJ KUMAR & ANR.

2009 INSC 700Appeal(s) allowed

In an eviction proceeding under Section 13 of the East Punjab Rent Restrictions Act, the tenant (appellant) filed a written statement and later sought to amend it under Order 6 Rule 17 of the CPC to correct inadvertent misstatements. The Rent Controller rejected the amendment, holding that it would …

SUBBUSINGHversusSTATE BY PUBLIC PROSECUTOR

2009 INSC 662Dismissed

Subbusingh, a Sub‑Inspector of Police, demanded a bribe of Rs 500 from parties involved in a land dispute, using his friend Rajappan to collect the money and threatening the complainant with false criminal charges. A trap was set up in which the money was tested with phenolphthalein, which showed a …

STATE OF KARNATAKAversusY. MOIDEEN KUNHI (DEAD) BY LRS.

2009 INSC 664Hearing Adjourned

The State of Karnataka challenged a Karnataka Land Reforms Tribunal order that declared a partnership firm to be holding 368.16 acres of agricultural land in excess of the ceiling limit. The State alleged fraud by the declarants and the Tribunal's secretary (Tahsiladar) and filed a review petition …

STATE OF RAJASTHANversusPARMENDRA SINGH

2009 INSC 665Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Parmendra Singh, who had been convicted of murder, dowry death and related offences under the IPC based largely on the victim's dying declarations. The Rajasthan High Court set aside the conviction, holding that the dying declarations were unreliable …

JAI BHAGWAN OIL & FLOUR MILLSversusUNION OF INDIA & ORS.

2009 INSC 666Appeal(s) allowed

The appellant, JAI BHAGWAN OIL & FLOUR MILLS, operated an industrial unit in Assam crushing mustard seeds to produce mustard oil and oil cake. It claimed transport subsidy under the 1971 Transport Subsidy Scheme for exporting oil cake, arguing that oil cake is a "finished good" as defined by the …

STATE OF A.P.versusV.V.PANDURANGA RAO

2009 INSC 667Dismissed

The State of Andhra Pradesh prosecuted V.V. Panduranga Rao for the murder of his wife under IPC s.302, alleging he also attempted suicide. The trial court convicted him, but the High Court acquitted, finding the mother’s testimony unreliable, the telephonic report to police not recorded in writing, …

SHAIKH MAQSOODversusSTATE OF MAHARASHTRA

2009 INSC 668Appeal(s) allowed

Shaikh Maqsood was convicted under Section 302 IPC for allegedly pouring kerosene on his wife and setting her on fire, with the trial and High Courts relying on circumstantial evidence. The appellant appealed, contending that during his examination under Section 313 of the CrPC no question was put …

SAYYED SHABIRALLI HAFIZALIversusSTATE OF MAHARASHTRA

2009 INSC 663Dismissed

The appellant, a Sub‑Engineer of the Maharashtra State Electricity Board, was convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act for demanding Rs 100 as a bribe to issue a gate pass. The Supreme Court examined whether the gratification was "trivial" under …

NATIONAL HUMAN RIGHTS COMMISSIONversusSTATE OF GUJARAT

2009 INSC 655Hearing Adjourned

The Supreme Court entertained petitions filed by the National Human Rights Commission seeking transfer of Gujarat riot trials and further investigation. The Court had earlier ordered the Gujarat Government to constitute a five‑member Special Investigation Team (SIT) to reinvestigate nine cases and …

DR. C.P. SREEKUMAR, M.S. (ORTHO)versusS. RAMANUJAM

2009 INSC 657Dismissed

The case arose from a road accident in which the respondent suffered a hairline fracture of the femoral neck. Dr. C.P. Sreekumar, the treating orthopaedic surgeon, initially immobilised the fracture but later performed a hemiarthroplasty after the fracture displaced. The respondent alleged medical …

STATE OF KERALAversusC.A. JABBAR

2009 INSC 658Disposed off

The vehicle of C.A. Jabbar was seized under Section 55(a) of the Kerala Abkari Act and the Assistant Excise Commissioner ordered the respondent to furnish a bank guarantee equal to the vehicle's value for its release. The High Court, ignoring this direction, ordered the vehicle's release upon …

ROY ESTATEversusSTATE OF JHARKHAND & ORS.

2009 INSC 659Appeal(s) allowed

The property known as Katras House was requisitioned in 1942 for Army purposes under Rule 75A of the Defence of India Rules, which later became a requisition under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Deputy Commissioner, Ranchi, transferred the requisitioned …

VIKRAM SINGHversusSTATE OF HARYANA

2009 INSC 660Case Partly allowed

Vikram Singh was convicted in 1998 for a crime committed on 20‑02‑1996 and sentenced to life imprisonment. He contended that he was a juvenile at the time of the offence, being born on 04‑05‑1980, and therefore entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, …

HIMMAT SUKHADEO WAHURWAGH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 656Dismissed

The case involved eight accused who were charged with the murder of three members of the Kolhe family in two related incidents. The prosecution relied on the testimony of two child eyewitnesses (aged 11 and 13), a dying declaration, medical reports, and blood‑group matches of recovered weapons. The …

NORTH WEST KARNATAKA RD. TRANSPORT CORP.versusGOURABAI AND ORS.

2009 INSC 661Appeal(s) allowed

The Supreme Court heard an appeal by North West Karnataka Road Transport Corp. against an award of Rs.2,59,400 made by the Motor Accident Claims Tribunal (MACT) to the family of a deceased person. The appellant argued that the deceased suffered a fatal head injury after falling from a height of 8‑10 …

ANKUSH MARUTI SHINDE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 649Disposed off

The case involved six accused who were charged with dacoity, murder and gang rape of a minor girl and her family members. The trial court convicted all of them under Sections 302, 376(2)(g), 307, 34, 397, 395 and 396 of the IPC and sentenced each to death; the High Court confirmed death for three …

STATE OF A.P.versusE. SATYANARAYANA

2009 INSC 648Dismissed

E. Satyanarayana was charged with murdering his wife and minor son. The trial court convicted him on the basis of an alleged extra‑judicial confession made to the Village Administrative Officer and the recovery of a blood‑stained sickle, sentencing him to life imprisonment. The Andhra Pradesh High …

RANBIR SINGH & ORS.versusSTATE OF HARYANA

2009 INSC 650Case Partly allowed

The appellants, Ranbir Singh and others, were convicted under sections 148, 302, 324, 323 read with s.34 IPC for the death of Balwan and injuries to three others, pleading self‑defence. The Supreme Court examined whether the death occurred in the exercise of the right of private defence and whether …

APOLLO TYRES LTD.versusC.P. SABASTIAN

2009 INSC 651Appeal(s) allowed

The plaintiff, an employee of Apollo Tyres Ltd., filed a civil suit seeking declaration that he remained a workman, challenging his transfer, restraining the employer from forcing a promotion, and protecting his trade‑union activities. The employer contended that the civil court lacked jurisdiction …

SARDAR ESTATESversusATMA RAM PROPERTIES (P) LTD.

2009 INSC 652Dismissed

The landlord filed an eviction petition against the tenant in the Delhi Rent Controller in 1981, which resulted in a decree of eviction in 1993 on the ground of subletting. The tenant appealed at multiple levels, including the Rent Control Tribunal, the Delhi High Court, and the Supreme Court, all …

RAVINDER SINGHversusSTATE OF HIMACHAL PRADESH

2009 INSC 654Case Partly allowed

Ravinder Singh was stopped while transporting five bottles of illicit liquor and was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914, receiving a six‑month imprisonment. He appealed, contending that at the time of the offence (25 May 1995) no minimum sentence was prescribed, and that …

DAUNA DEVIversusSTATE OF BIHAR

2009 INSC 638Appeal(s) allowed

The appellant Dauna Devi was convicted along with another accused for murder and concealment of body under Sections 302 read with 34 and 201 IPC, based solely on circumstantial evidence that the dead child's body was recovered from a house allegedly belonging to the accused. The prosecution alleged …

TIPPARAM PRABHAKARversusTHE STATE OF ANDHRA PRADESH

2009 INSC 639Appeal(s) allowed

The appellant A2 and two others were charged with murder under Section 302 read with Section 34 of the IPC for the death of Damera Shiva Kumar. The prosecution relied on the "last‑seen" theory, stating that A2 and A3 had taken the deceased on a motorcycle shortly before the body was found, and on …

STATE OF U.P.versusHARI CHAND

2009 INSC 640Appeal(s) allowed

The State of Uttar Pradesh prosecuted Hari Chand and Jautam alias Andhi for murder under IPC s.302, alleging they caught the victim, Mool Chand, and shot him at close range. The trial court convicted them based on the consistent testimony of three eye‑witnesses and corroborating medical evidence of …

STATE OF RAJASTHANversusJAGDISH PRASAD

2009 INSC 642Appeal(s) allowed

Jagdish Prasad was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced by the trial court to six months' rigorous imprisonment, the minimum punishment prescribed. The Rajasthan High Court commuted the sentence to a fine of Rs.6,000 and directed the …

HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR.versusSATISH HANS

2009 INSC 643Appeal(s) allowed

The dispute involved a shop allottee who had paid Rs.82,000 and Rs.207,000 for a plot purchased at auction in 1993, but the developer (HUDA) resumed the plot due to non‑payment of further installments. The allottee filed a complaint under Section 12 of the Consumer Protection Act, 1986, before the …

LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 644Disposed off

The Supreme Court examined an appeal arising under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, where a Special Court had held that certain land belonged to a temple and that the respondent, a temple priest, could not be evicted. The key question was whether the Special Court, a …

GEORGE PON PAULversusKANAGALET & ORS.

2009 INSC 645Disposed off

The appellant was convicted under Sections 326 and 452 of the Indian Penal Code for trespassing into a house and causing grievous hurt with a dangerous weapon. The trial court sentenced him to confinement till the rising of the court and a fine; the Madras High Court enhanced the custodial term to …

NATIONAL ALUMINIUM CO. LTD. & ANR.versusG.C. KANUNGO

2009 INSC 646Appeal(s) allowed

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of …

AHMED ALI & ORS.versusSTATE OF TRIPURA

2009 INSC 647Case Partly allowed

Four accused were tried for offences under the Indian Penal Code, with the trial court convicting two of them under s.324 r/w s.34 and the other two under s.304(II) r/w s.34. The High Court altered the convictions, sentencing Ahmed Ali and Suraj Ali under s.334 r/w s.34 to one year imprisonment …

M.K. BALAKRISHNAN & ORS.versusUNION OF INDIA & ORS.

2009 INSC 630Hearing Adjourned

The petitioners raised a writ under Article 21 of the Constitution, contending that the chronic shortage of water for drinking and irrigation violated the fundamental right to life. The Court examined precedents that recognized water as an essential component of the right to life, including Delhi …

BANGALORE TURF CLUB LTD.versusREGIONAL DIRECTOR, ESI CORPORATION

2009 INSC 628Matter referred to larger bench

Bangalore Turf Club Ltd. challenged the Regional Director of the Employees' State Insurance Corporation's demand for ESI contributions, contending that as a club it does not qualify as a "shop" under Section 1(5) of the Employees' State Insurance Act, 1948. The central issue was whether turf clubs …

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2009 INSC 629Appeal(s) allowed

The workman, a daily‑wage employee of Krishna Bhagya Jala Nigam Ltd., claimed that his termination in 1996 violated Section 25‑F of the Industrial Disputes Act, 1947, and sought reinstatement with back wages. The Labour Court held the termination illegal and ordered reinstatement, but the employer …

R.R. PILLAI (DEAD) THROUGH LRS.versusCOMMANDING OFFICER HQ S.A.C. (U) AND ORS.

2009 INSC 626Disposed off

The case concerned the legal status of R.R. Pillai, a former Air Force junior warrant officer who, after retirement, was appointed manager of a Unit‑Run Canteen (URC) of the Southern Air Command and paid an honorarium under the Rules regulating civilian employees of Air Force URCs funded from …

STATE OF PUNJABversusNIRMAL KAUR

2009 INSC 631Dismissed

Nirmal Kaur, who operated a coaching centre, was charged under several IPC offences and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The trial court framed charges under the Act, but the High Court quashed them, holding that she was not a public servant. …

UNION OF INDIA AND ORS.versusM/S. GREEN ALLOYS P. LTD.

2009 INSC 632Case Partly allowed

The Union of India filed a civil appeal against M/s Green Alloys Ltd. challenging a Punjab & Haryana High Court order that allowed the release of raw material seized under the Central Excise authorities on the sole condition of an undertaking to pay duty, without requiring cash security or a bank …

STATE OF GUJARAT AND ANR.versusRAMESHCHANDRA SHIVRATAN KOSAR AND ANR. ETC.

2009 INSC 633Appeal(s) allowed

The State of Gujarat filed complaints alleging that respondents had stored and sold food articles adulterated with saccharin, violating Sections 7(1), 7(5) and 16 of the Prevention of Food Adulteration Act, 1954. The respondents moved the Gujarat High Court under Section 482 of the Code of Criminal …

TUTUL KUMAR! SENversusSTATE OF JHARKHAND & ANR.

2009 INSC 634Disposed off

The appellant, an informant, lodged an FIR alleging that the respondent had raped her, invoking Sections 376 and 493 of the IPC. The respondent filed an application for discharge under Section 227 of the CrPC, contending that the informant's age was misstated and therefore no offence was made out. …

STATE OF RAJASTHANversusDAUL@ DAULAT GIRI

2009 INSC 637Appeal(s) allowed

The State of Rajasthan charged Daul @ Daulat Giri under Sections 8 and 18 of the NDPS Act for possession of about 6 kg of opium. During the seizure, samples were taken, sealed, and passed through a chain of custody involving the SHO, the Malkhana in‑charge, a police officer (PW5) and a person …

GURMEJ SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 627Appeal(s) allowed

The appellant, Gurmej Singh, a police officer who was a deemed witness in a criminal trial, challenged a High Court order directing the State to prosecute him without giving him any notice. The Supreme Court held that such directions violated the principles of natural justice, particularly the rules …

BATAKRUSHNA PARIDAversusSTATE OF ORISSA

2009 INSC 635Dismissed

The case arose from a long-standing rivalry between two hamlets of Saruali village. On 2 November 1982, members of the Parida hamlet, armed with lathis and guns, entered the Dehury hamlet. Batakrushna Parida fired a shot that killed Sahadev Dehury and injured others. The trial court convicted …

MAL SINGHversusSTATE OF M.P.

2009 INSC 636Dismissed

The case concerns the murder of Jogadia and injuries to his wife Thavlibai and son Thakur Singh in Madhya Pradesh. The trial court convicted Mal Singh, Lal Singh and Juansingh under sections 302, 307 and 323 read with section 34 of the IPC, while acquitting Nanki Bai. On appeal, the High Court …

MASROORversusSTATE OF U.P. & ANR.

2009 INSC 613Appeal(s) allowed

Masroor filed a criminal appeal against the State of U.P. seeking cancellation of bail granted by the Allahabad High Court to the second accused, Chhunnu @ Chhidda, who was charged with offences under IPC sections 147, 148, 149, 302 and 307 arising from a mob attack that resulted in two deaths and …

V.G. SHANKARANARAYANA BHATversusGIRIJA (D) BY LRS. & ANR.

2009 INSC 614Appeal(s) allowed

The original landlord Govinda Bhat leased agricultural land to Kariyappa Gowda, who died in 1960. After his death, Jinnappa Gowda, his son, entered into a tenancy agreement on 5 November 1961 and later surrendered most of the land by a deed before a Munsif on 5 March 1968, an act later deemed to be …

RAMESHBHAI CHANDUBHAI RATHODversusSTATE OF GUJARAT

2009 INSC 615Matter referred to larger bench

The appellant, a watchman, was convicted of kidnapping, rape, robbery and murder of a ten‑year‑old girl based solely on circumstantial evidence and an extra‑judicial confession. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined …

STATE OF RAJASTHANversusHEMRAJ & ANR.

2009 INSC 616Dismissed

The State of Rajasthan appealed against the acquittal of Hemraj and Kamla (a woman) on charges of gang rape under Section 376(2)(g) IPC. The trial court had convicted Hemraj under Section 342 IPC and held that Kamla could not be convicted under the gang‑rape provision. The High Court affirmed this …

SRI KRISHNA TYRES AND ANR.versusJ. K. INDUSTRIES LTD. AND ANR.

2009 INSC 617Disposed off

In a criminal trial (CC 341/99), the trial court allowed the examination of three defence witnesses. Respondent No.1 challenged this order by filing a revision petition. The Andhra Pradesh High Court, relying on an earlier stay order, suspended the trial court's order and directed the trial court to …

KIRENDER SARKAR AND ORS.versusSTATE OF ASSAM

2009 INSC 618Dismissed

The incident involved a group of armed assailants who entered a school, assaulted a clerk and confined him. A teacher (PW‑1) lodged an FIR naming several accused, but some appellants were not mentioned in the FIR. The accused were convicted under Sections 147, 448 and 323 of the Indian Penal Code. …

STATE OF RAJASTHANversusYUSUF

2009 INSC 619Dismissed

The accused Yusuf was convicted for murder under Section 302 IPC based primarily on the victim Sugra's dying declaration. The Rajasthan High Court acquitted him, holding that the dying declaration contained false statements about pregnancy, marital status, and family members, rendering it …

STATE OF M.P.versusBASODI

2009 INSC 610Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that reduced the sentence of the accused, Basodi, who had been convicted under Section 376 of the Indian Penal Code for rape. The High Court had lowered the term to the period already served, citing the accused's illiteracy, rural background, …

SRI KISHAN & ORS.versusTHE STATE OF HARYANA

2009 INSC 620Dismissed

The case involved eleven accused who were convicted of offences under Sections 148, 149, 302 (Part II), 325, 324 and 323 of the IPC for forming an armed unlawful assembly that resulted in the death of Habib. The State and the complainant appealed the acquittals on the main charge of murder, while …

SANJEET KUMARversusSTATE OF BIHAR & ANR.

2009 INSC 621Appeal(s) allowed

Respondent No.2 lodged a police FIR and, a week later, the appellant filed a criminal complaint. The respondent sought discharge of the complaint under Section 245 CrPC, which was denied, and then moved a petition under Section 482 CrPC alleging that the complaint was a retaliatory "counter‑blast". …

MATHURA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 612Disposed off

The appellants were convicted by a trial court for offences under Sections 307 and 323 read with Section 34 of the IPC, which the High Court later altered to Sections 324 and 323 read with Section 34. Both the complainant and the accused filed an application under Section 320 of the Code of Criminal …

KAILASHI BAIversusAARTI ARYA & ANR.

2009 INSC 622Dismissed

The case concerned the alleged abetment of suicide by Kailashi Bai, the wife of a deceased civil judge, under Sections 306 and 107 of the IPC. The prosecution alleged that she harassed her husband because of caste differences, leading to his suicide, and filed a charge sheet. Kailashi Bai filed a …

STATE OF U.P. (NOW UTTARAKHAND)versusRABINDRA SINGH

2009 INSC 623Dismissed

The State of Uttar Pradesh (now Uttarakhand) appealed against a High Court order that had allowed the writ petition of Rabindra Singh, who occupied a 4.10‑bigha plot of agricultural land. The central question was whether land covered by Section 3(14) of the Uttar Pradesh Zamindari Abolition and Land …

KATLA MUTHYAL NAIDUversusKOTHAPALLE VENKATAPPA NAIDU AND ORS.

2009 INSC 624Appeal(s) allowed

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's dismissal of the appeal on the ground that the plaint did not contain a specific plea of adverse possession. The Supreme Court examined the averments in paragraphs 2 and 4 of the …

STATE OF M.P.versusVIRENDRA KUMAR TRIPATHI

2009 INSC 611Appeal(s) allowed

The State of Madhya Pradesh charged Virendra Kumar Tripathi, a former Forest Department ranger, under Sections 13(1)(c) and 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Tripathi contended that the investigation was conducted by an …

UNION OF INDIA & ORS.versusG. ANNADURAI

2009 INSC 625Appeal(s) allowed

G. Annadurai, a constable of the CRPF, was arrested in a theft case and released on bail on 14 August 1997 but failed to report for duty thereafter. He was declared a deserter on 19 December 1997 and a departmental enquiry under Section 11(1) of the Central Reserve Police Force Act, 1949 was …

RAM BABU TIWARIversusSTATE OF M.P. & ANR.

2009 INSC 599Disposed off

Ram Babu Tiwari was arrested along with two others for alleged murder under IPC sections 307 and 34. He obtained bail on 27 May 2008 from the Sessions Court. The State filed an application under CrPC s.439 seeking cancellation of bail, alleging that Tiwari fired the fatal shot, had threatened a …

MITALIversusDABABRATA

2009 INSC 600Disposed off

The wife filed a transfer petition in the Supreme Court seeking to move a divorce suit under Section 13(1)(a) of the Hindu Marriage Act, pending in Delhi, to a court in Nagpur. The parties subsequently reached a settlement wherein they agreed to file a joint petition under Section 13(8) for divorce …

SAKTIversusSTATE OF A.P. & ORS.

2009 INSC 601Disposed off

The petitioner, SAKTI, filed a writ petition seeking the appointment of an officer under Section 21 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to initiate prosecutions and ensure safety for Scheduled Tribes in several mandals of West Godavari district. The …

BIKRAM DORJEEversusSTATE OF WEST BENGAL

2009 INSC 604Case Partly allowed

Bikram Dorjee was convicted under Section 304 (Part I) of the Indian Penal Code for stabbing Santosh Dorjee, who later died. The trial court sentenced him to life imprisonment, a sentence affirmed by the Calcutta High Court. He appealed to the Supreme Court, challenging the quantum of the sentence. …

RAMAN KUMARversusSTATE OF PUNJAB

2009 INSC 605Appeal(s) allowed

Raman Kumar was convicted by the High Court for dowry death under Sections 304B and 498A of the IPC based on the death of his wife Suman Bala, who allegedly died from burns after being allegedly harassed for dowry. The Supreme Court examined whether the prosecution had proved the essential …

RAMESH BHAI & ANR.versusSTATE OF RAJASTHAN

2009 INSC 606Appeal(s) allowed

The appellants, Ramesh Bhai and another, were convicted under IPC sections 302, 120B and 201 for allegedly administering poisonous injections that caused the death of Purshottam Bhai after giving him coffee laced with sleeping pills. The prosecution's case rested solely on circumstantial evidence, …

PREM SINGHversusSTATE (N.C.T) DELHI

2009 INSC 598Appeal(s) allowed

The appellant Prem Singh was charged with shooting Preetam Pyare and his son, leading to the latter's death, under Section 307 IPC and Section 27 of the Arms Act. The trial court convicted him, and the Delhi High Court affirmed the conviction on the basis that the pistol recovered from the appellant …

SANTHANAMversusSTATE OF TAMIL NADU

2009 INSC 607Case Partly allowed

Santhanam and a co‑accused were charged with murder after Santhanam struck a farm‑servant with a wooden log during a dispute over a water pipeline, causing head injuries that led to the victim's death. The trial court convicted Santhanam under Section 302 IPC and sentenced him to death; the High …

RATAN SINGHversusSTATE OF M.P. & ANR.

2009 INSC 608Appeal(s) allowed

The case concerned a petition under Section 482 of the CrPC filed by the accused (respondent No.2) seeking quashing of charges framed under Sections 307, 148, 323 read with 149, 341 and 294 of the IPC. The High Court allowed the petition on the ground that the injuries inflicted were simple and did …

NEPAL SINGHversusSTATE OF HARYANA

2009 INSC 609Appeal(s) allowed

The appellant, Nepal Singh, was charged with dowry demand and cruelty leading to his wife's suicide under Sections 304‑B and 498‑A IPC. The trial court acquitted him, finding no evidence of any dowry demand and granting him the benefit of doubt. The High Court reversed the acquittal and convicted …

RAJA RAM KASHYAP & ORS.versusSTATE OF U.P. & ANR.

2009 INSC 603Disposed off

The appellants and respondents settled their dispute and sought to compound the offences alleged against them under Sections 406 and 420 of the Indian Penal Code. The question before the Supreme Court was whether these offences are compoundable under Section 320(2) of the Code of Criminal Procedure, …

SHARIFF AHMED & ORS.versusSTATE (NCT OF DELHI)

2009 INSC 602Appeal(s) allowed

The Metropolitan Magistrate ordered the investigating officer to add Section 307 of the IPC to the case and to investigate that offence. The High Court upheld this direction, but the Supreme Court held that such a directive interferes with the statutory power of the police to investigate and exceeds …

NAFE SINGHversusSTATE OF HARYANA

2009 INSC 594Case Partly allowed

Three men, including Nafe Singh, attacked a group of farmers over a dispute concerning agricultural land, using weapons such as a ballam, gandasi and lathi. During the assault, Bhanwar Singh was killed and two others were injured. The trial court convicted all three under Sections 302, 323 and 324 …

SURENDRA SINGH BENIWALversusHUKAM SINGH & ORS

2009 INSC 595Appeal(s) allowed

The case concerned a lecturer who, after voluntarily transferring from one intermediate college to another, claimed that his seniority should be based on his original appointment date, placing him above a colleague already serving at the receiving college. The High Court had set aside the single …

PREM CHANDRA AGARWAL & ANR.versusU.P. FINANCIAL CORPN. & ORS.

2009 INSC 597Dismissed

Prem Chandra Agarwal & Anr. appealed to the Supreme Court against an interim order passed by the Allahabad High Court in a writ petition. While the appeal was pending, the High Court delivered a final judgment in the same matter, thereby rendering the earlier interim order subsumed into the final …

DINA NATH @ DAULATversusSTATE OF HIMACHAL PRADESH

2009 INSC 591Disposed off

The appellant, Dina Nath (Daulat), appealed against his conviction, asserting that he was a minor at the time of the offence committed on 15 June 1990, based on his claimed birth date of 6 March 1973. The sole issue before the Supreme Court was whether the appellant qualified as a "juvenile in …

STATE OF M.P.versusMUNSHI SINGH & ORS.

2009 INSC 593Dismissed

The State of Madhya Pradesh appealed the acquittal of Munshi Singh and others for the murder of Sobran. The trial court had found the testimony of three eye‑witnesses unreliable and, relying on ballistic evidence that contradicted their statements, acquitted the accused. The High Court upheld this …

STATE OF PUNJABversusLEELA

2009 INSC 592Disposed off

The State of Punjab prosecuted Leela under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. The trial court convicted him, sentencing him to 11 years' rigorous imprisonment and a fine. On appeal, the Punjab & Haryana High Court acquitted Leela, …

SIATE OF PUNJABversusNIRMAL SINGH

2009 INSC 596Appeal(s) allowed

The trial court convicted Nirmal Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing poppy husk recovered from his house and sentenced him to ten years' rigorous imprisonment and a fine. The Punjab and Haryana High Court acquitted him, holding that the …

M/S. DELTA ENGINEERSversusSTATE OF GOA & ORS.

2009 INSC 578Case Partly allowed

The Supreme Court examined whether a barge‑repair workshop operating on private land along the Zuari River used government riverine land and could be charged rent by the Panaji Port Authority. The Court held that the workshop did use riverine land, which falls within the definition of a "landing …

STATE OF RAJASTHAN & ANR.versusMIS. FERRO CONCRETE CONSTRUCTION PVT. LTD.

2009 INSC 580Appeal(s) allowed

The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.

2009 INSC 586Hearing Adjourned

The People's Union for Civil Liberties filed a writ petition under Article 32 seeking enforcement of revised nutritional and feeding norms for the Integrated Child Development Services (ICDS) Scheme to combat malnutrition among children, pregnant and lactating women. The Union of India submitted an …

RAM NARAYANversusSTATE OF U.P.

2009 INSC 587Dismissed

The appellant Ram Narayan and eight others were tried for offences under Sections 147, 148, 302, 307 and 436 read with Section 149 of the Indian Penal Code arising from a three‑stage violent incident. The trial court acquitted all accused, relying on alleged inconsistencies in the FIR, the …

M.A. ANTONY @ ANTAPPANversusSTATE OF KERALA

2009 INSC 588Dismissed

The appellant, M.A. Antony, was convicted of murdering six members of a family in Kerala and sentenced to death, along with other imprisonments, based largely on circumstantial evidence. The prosecution relied on motive, the appellant's presence at the crime scene, forensic evidence such as …

T.K. MOHAMMED ABUBUCKER (D) THR. LRS. & ORS.versusP.S.M. AHAMED ABDUL KHADER & ORS.

2009 INSC 589Appeal(s) allowed

The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants …

STATE OF HIMACHAL PRADESHversusNARESH KUMAR @ KAKA & ORS.

2009 INSC 590Appeal(s) allowed

The Sessions Judge convicted the accused under IPC sections 302 read with 34 and 323 read with 34, sentencing them to life imprisonment. The Himachal Pradesh High Court later acquitted the accused, concluding that the prosecution’s version was not credible. The State of Himachal Pradesh appealed …

STATE OF PUNJABversusSURJIT SINGH & ANR.

2009 INSC 579Appeal(s) allowed

The trial court convicted Surjit Singh and another accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk seized by police. The prosecution relied on the testimony of several official witnesses, while an independent witness, Karnail Singh, …

RAMESH KUMAR @ TONIversusSTATE OF HARYANA

2009 INSC 583Disposed off

The appellant, while working in his field, struck Rajinder Pal on the head with a spade after a verbal altercation when the victim entered the field. The victim later died, and the trial court convicted the appellant under Section 302 of the IPC, sentencing him to life imprisonment, a decision …

RAMJEE PRASAD & ANR.versusSTATE OF BIHAR

2009 INSC 584Appeal(s) allowed

The appellants, a father and son, were convicted for selling adulterated "Chhena Mithai". The Public Analyst reported adulteration with starch, and the Central Food Laboratory confirmed adulteration but did not specify starch. The trial court and first appellate court convicted them under Section …

MAHAVIR JANGONDA PATILversusDIRECTOR OF RESETTLEMENT & ORS.

2009 INSC 585Dismissed

The appellant challenged the Maharashtra Resettlement of Project Displaced Persons Act notifications that declared his village a benefited zone and the subsequent land acquisition under the Land Acquisition Act. He argued that a 1979 compromise and partition of his family’s land, which reduced his …

STATE OF PUNJABversusHARJAGDEV SINGH

2009 INSC 581Disposed off

The State of Punjab prosecuted Harjagdev Singh for the murder of his parents. The accused was arrested, gave a disclosure statement that led to the recovery of the murder weapon, and subsequently made a confession before a Judicial Magistrate under Section 164 of the CrPC admitting his guilt. The …

MD. ABDUL KADIR & ANR.versusDIRECTOR GENERAL OF POLICE, ASSAM & ORS.

2009 INSC 582Case Partly allowed

The appellants, ex‑servicemen appointed as ad‑hoc border staff under the Prevention of Infiltration of Foreigners (PIF) Additional Scheme of 1987, challenged a 1995 circular that required annual termination and re‑appointment. They claimed that, since the scheme had been continuously extended for …

L.N. ASWATHAMA & ANR.versusP. PRAKASH

2009 INSC 571Appeal(s) allowed

The plaintiffs, heirs of their father who had mortgaged a government‑purchased plot, discovered the property after clearing the loan and found the defendant in unauthorized possession. They sued for declaration of title, possession, permanent injunction and mesne profits. The trial court held that …

ANNA REDDY SAMBASIVA REDDY & ORS.versusSTATE OF ANDHRA PRADESH

2009 INSC 573Dismissed

The case arose from a politically motivated clash between two village factions in Chinthalajuturu, Andhra Pradesh, where a group of accused attacked a jeep, killing two persons (D‑1 and D‑2) and injuring several witnesses. The first information report (FIR) was challenged as a fabricated document …

PARAS NATH SINGHversusSTATE OF BIHAR & ORS.

2009 INSC 574Case Partly allowed

Paras Nath Singh, a Class IV employee of the Bihar Department of Planning and Development, was given a provisional First Time Bound Promotion in 1995, which was cancelled after about ten years. The State directed recovery of Rs.1,01,529.50 from his salary, alleging he had undertaken to refund the …

TARA CHAND & ORS.versusMUNICIPALITY GHARAUNDA

2009 INSC 575Case Partly allowed

The appellants filed a suit for permanent injunction against the Municipality, which was dismissed by the trial court. The first appellate court set aside that dismissal, but the High Court, in a second appeal, reversed the appellate court’s finding without first framing the substantial questions of …

S.E.B.IversusSAIKALA ASSOCIATES LTD.

2009 INSC 576Appeal(s) allowed

The respondents, Saikala Associates Ltd and others, acted as unregistered sub‑brokers in violation of Section 12(1) of the SEBI Act and Rule 3 of the Stock Brokers and Sub‑Brokers Rules, prompting SEBI to suspend their registration certificates. The Securities Appellate Tribunal (SAT) altered the …

SREE KRISHNA ELECTRICALSversusSTATE OF TAMIL NADU & ANR.

2009 INSC 577Disposed off

Sree Krishna Electricals, a dealer registered under the Tamil Nadu General Sales Tax Act, 1959, was assessed sales tax and a penalty for the alleged sale of wet grinders during the assessment years 1992-93 and 1993-94. The dealer contended that only parts of wet grinders were sold, seeking …

VIJAYKUMARversusSTATE BY INSPECTOR OF POLICE, MADRAS AND ANR.

2009 INSC 565Dismissed

The case concerned an assault with a sword and knife that resulted in the death of Johnson and injuries to others. The trial court acquitted the accused, but the Madras High Court set aside the acquittal, finding the prosecution evidence credible and convicting them under Sections 302, 341, 307 and …

M/S. ARUL & CO.versusSTATE OF TAMIL NADU & ANR.

2009 INSC 566Disposed off

M/s. Arul & Co. challenged the levy of sales tax and a penalty imposed under the Tamil Nadu General Sales Tax Act, 1959, by filing a writ petition. The Madras High Court dismissed the petition, relying on an earlier Division Bench decision. On appeal, the higher court held that there was no ground …

STATE OF PUNJABversusMALKIAT SINGH

2009 INSC 572Dismissed

Contraband narcotics were recovered from a room owned by Pritam Singh, which the prosecution alleged had been leased to the accused, Malkiat Singh. The trial court convicted Malkiat Singh under section 15 of the NDPS Act, but the Punjab and Haryana High Court acquitted him, holding that the lease …

STATE OF RAJASTHANversusBABU LAL

2009 INSC 567Dismissed

The respondent, Babu Lal, was convicted by a trial court under Section 81(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of a large quantity of brown sugar. The Rajasthan High Court set aside the conviction, holding that the prosecution had failed to comply with the …

STATE OF MAHARASHTRAversusGUNTABAI @ BHAGIRATHAIBAI & ORS.

2009 INSC 568Appeal(s) allowed

The State of Maharashtra appealed the acquittal of Guntabai @ Bhagirathabai and two others for murder (Sec. 302 IPC) and dowry death (Sec. 498A read with Sec. 34 IPC). The trial court had rejected the victim's dying declaration because no doctor’s certificate confirmed her consciousness, relying on …

STATE OF M.P.versusLAAKHAN @ LAKHAN

2009 INSC 569Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order acquitting Lakhhan, who had been convicted by a trial court for the murder of a nine‑month‑old child under Section 302 read with Section 34 of the IPC. The trial court relied on the testimony of an informant (PW‑1), deeming it cogent and …

STATE OF RAJASTHANversusSHANTI

2009 INSC 570Dismissed

The State of Rajasthan charged Shanti and her family with offences under the NDPS Act for possession and sale of opium. Police, acting on a tip, stopped Shanti, seized 10 kg of opium from her bag and later recovered another 20 kg from her residence, also arresting her husband Shankar Lal. The trial …

SUBHASH CHANDRA SINGHversusDHEEMANT SINGH & ANR.

2009 INSC 562Appeal(s) allowed

The appellant, father of a woman who died unnaturally within seven years of marriage, challenged the Allahabad High Court's order granting bail to the accused husband, who was charged under IPC s.304B. The High Court had granted bail without providing any reasoning, merely stating that s.1138 of the …

STATE OF KARNATAKAversusSHANTAPPA MADIVALAPPA GALAPUJI & ORS.

2009 INSC 563Appeal(s) allowed

Four accused were convicted by a trial court for murder and related offences based largely on the testimony of a nine‑year‑old child witness, the son of the deceased. The Karnataka High Court set aside the conviction, discarding the child’s evidence on the ground that he might have been tutored and …

CITATION INFOWARES LIMITEDversusEQUINOX CORPORATION

2009 INSC 564Case Allowed

Citation Infowares Ltd., an Indian company, entered into outsourcing agreements with US‑based Equinox Corp., the last of which (dated 25‑Jan‑2007) stipulated that the contract would be governed by California law and that any dispute would be referred to a mutually agreed arbitrator. After Equinox …

PRANAB KUMAR PALversusM/S. LIZ. INVESTMENT PVT. LTD. AND ORS.

2009 INSC 559Disposed off

The petition filed by Liz Investment Pvt. Ltd. before the Company Law Board (CLB) alleged that the appellant, Pranab Kumar Pal, diverted a corporate opportunity and sought to restrain his resignation as a director. The CLB initially ordered the appointment of three directors by the petitioner and …

STATE OF ORISSA AND ORS.versusHARAPRIYA BISOI

2009 INSC 560Appeal(s) allowed

The dispute concerned 53.95 acres of land in Bhubaneswar that vested in the State of Orissa under a 1954 notification of the Orissa Estate Abolition Act, 1951. The respondent, Harapriya Bisoi, claimed she was a "deemed tenant" because her predecessor had obtained a lease from the erstwhile …

TOMY AND ANR.versusSTATE OF KERALA AND ANR.

2009 INSC 561Appeal(s) allowed

The appellant Tomy and others were charged with assault causing grievous injuries under IPC sections 447, 324, 326 and 506(ii) read with section 34. The trial court, after evaluating the testimony of the complainant and other witnesses, acquitted the accused, finding the prosecution evidence …

SOHEL MEHABOOB SHAIKHversusSTATE OF MAHARASHTRA

2009 INSC 548Disposed off

The appellant, a husband, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 34 of the Indian Penal Code, while being acquitted of a dowry‑related charge under Section 498A. The prosecution relied on three circumstances: the wife’s unnatural …

SATISH @ DHANNAversusSTATE OF M.P. & ORS.

2009 INSC 549Appeal(s) allowed

Satish @ Dhanna, born on 12‑11‑1980, was convicted under IPC sections 147, 148, 149 and 302 for offences committed when he was under 18 years of age. The appeal questioned whether, after the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force, he could be treated as a …

RAMESHAN P.O. & ORS.versusRAKESH KUMAR YADAV & ANR.

2009 INSC 550Disposed off

The appellants, accused of a cognizable offence, filed a revision before the Sessions Judge challenging an order under Section 156(3) of the CrPC directing registration of an FIR. The Allahabad High Court allowed the revision under Sections 397 and 401 but disposed of the application without issuing …

P. LIAQUAT ALI KHANversusSTATE OF ANDHRA PRADESH

2009 INSC 551Dismissed

The appellant, P. Liaquat Ali Khan, was accused of kidnapping a three‑year‑old girl named Keerthi and demanding a ransom of Rs 1 crore and Rs 75 lakhs, as evidenced by letters (Ex P2 and P3). The child was later recovered from a house after the accused collected the ransom bag from a culvert and was …

KURAPATI MARIA DASversusDR. AMBEDKAR SEVA SAMAJAN & ORS.

2009 INSC 552Dismissed

Kurapati Maria Das was elected as a councilor and subsequently as chairperson of Bapatla Municipal Council, a seat reserved for the Scheduled Caste (Mala). Petitioners alleged that he was not a Scheduled Caste member but a Christian belonging to a Backward Class and that he had obtained caste …

V.RAMASWAMYversusRAMACHANDRAN & ANR

2009 INSC 553Disposed off

The Madras High Court allowed a second appeal under Section 100 of the Code of Civil Procedure without formulating any substantial question of law, which the appellant challenged. The Supreme Court examined whether the High Court was justified in disposing of the appeal without such formulation, as …

KANTI LALversusSTATE OF RAJASTHAN

2009 INSC 554Dismissed

The case concerned the death of Smt. Laxmi, who suffered 90% burn injuries within seven years of marriage. The prosecution alleged that her husband (A-1) and his brother (A-3) harassed and tortured her to extract dowry, leading to her death, and secured convictions under Sections 304B and 498A IPC. …

SMT. ANJALI KAPOORversusRAJIV BAIJAL

2009 INSC 556Appeal(s) allowed

The case concerned custody of a minor female child whose mother died at birth. The child had been raised by her maternal grandmother (the appellant) since infancy, while the father (the respondent) sought custody as the natural guardian under the Guardian and Wards Act, 1890. The Family Court and …

U.P. STATE SUGAR & CANE DEVELOPMENT LTD.versusRAZA BULAND SUGAR CO.LTD. AND ORS

2009 INSC 547Disposed off

The case concerned the interpretation of clause (vi) of Section 2(h) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, which defines a "scheduled undertaking" to include certain lands and buildings. Raza Buland Sugar Co. sought a declaration that several properties listed in its …

MEERUT DEVELOPMENT AUTHORITYversusASSOCIATION OF MANAGEMENT STUDIES & ANR.

2009 INSC 557Disposed off

The Meerut Development Authority (MDA) invited tenders for two parcels of land to be used for educational purposes, fixing a reserved price of Rs.690 per sq.m for 20,000 sq.m and Rs.500 per sq.m for 37,000 sq.m. The Association of Management Studies (AMS) bid below the reserved price for the …

DR. RAM DEEN MAURYAversusSTATE OF U.P. & ORS.

2009 INSC 558Disposed off

Dr. Ram Deen Maurya and Dr. Madhu Tandon both applied for transfer to a vacant Reader post at D.A.V. Post Graduate College, Lucknow, obtaining No Objection Certificates (NOCs) from their respective parent colleges. The State Government granted permission to transfer Maurya, prompting Tandon to file …

BHUPENDRA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 536Dismissed

The appellants were members of a large group that attacked the complainant and his relatives with lathis, a gun, and other weapons, resulting in the death of Jugendra Pal Singh and injuries to others. They were convicted under IPC sections 147, 148, 149 and 307. On appeal they argued that the …

PRAKASH SINGH TEJIversusNORTHERN INDIA GOODS TRANSP. CO. LTD. & ANR.

2009 INSC 537Appeal(s) allowed

The appellant, a Delhi Higher Judicial Service officer, dismissed a 1984 suit for recovery on 19‑December‑2005 after the plaintiff failed to produce evidence. On appeal, the Delhi High Court remanded the case and, in its order dated 6 July 2006, made adverse remarks about the appellant’s conduct, …

THE GOVT. OF A.P. & ORS.versusP. CHANDRA MOULI & ANR.

2009 INSC 538Appeal(s) allowed

The Director General of Police suspended P. Chandra MoulI under Rule 8(1)(a) of the Andhra Pradesh Civil Services Rules pending disciplinary proceedings. The employee filed an original application before the Andhra Pradesh Administrative Tribunal, which directed him to first pursue the statutory …

VELAYUDA PULAVARversusSTATE BY SUB-INSPECTOR OF POLICE

2009 INSC 539Dismissed

The appellant, Velayuda Pulavar, was tried for the murder of his brother Viswanatha Pulavar and the concealment of the dead body under IPC sections 302 and 201. The prosecution's case rested primarily on an extra‑judicial confession recorded by the Village Administrative Officer (VAO) in the …

STATE OF U. P.versusMANGAL SINGH & ORS.

2009 INSC 540Dismissed

The State alleged that three members of a family were killed when the accused fired gunshots at them while they were traveling in a bullock‑cart. The trial court convicted the accused under Sections 148 and 302 read with Section 149 of the Indian Penal Code. On appeal, the Allahabad High Court …

STATE OF MAHARASHTRA & ORS.versusPRAKASH PRAHLAD PATIL & ORS.

2009 INSC 541Appeal(s) allowed

The Supreme Court heard an appeal by the State of Maharashtra against a Bombay High Court order that had set aside the appointment of a Special Public Prosecutor (SPP) in Sessions Case No.41 of 2006. The petitioner, who was related to one of the accused, claimed that the appointment violated Section …

GAMPARAI HRUDAYARAJUversusSTATE OF AP. THR. PUBLIC PROSECUTOR

2009 INSC 542Appeal(s) allowed

The appellant, Gamparai Hrudayaraju, was convicted under IPC sections 302 and 203 for the death of a woman with whom he had an illicit relationship. The trial court and the Andhra Pradesh High Court upheld the conviction based solely on circumstantial evidence, primarily the testimony of witnesses …

STATE OF RAJASTHANversusMOHAN LAL

2009 INSC 543Dismissed

The State of Rajasthan appealed the acquittal of Mohan Lal, who was charged under the Prevention of Corruption Act, 1988 (ss 7, 13(1)(d) r/w 13(2)) for demanding a bribe that was allegedly hidden in his almirah. The trial court found the prosecution’s case uncredible and acquitted him; the High …

MANZAR SAYEED KHAN & ANR.versusSTATE OF MAHARASHTRA & ANR.

2009 INSC 534Disposed off

Manzar Sayeed Khan, the publisher of the book "Shivaji: Hindu King in Islamic India", and Vinod Hansraj Goyal, the printer, filed criminal miscellaneous petitions seeking clarification of a Supreme Court judgment dated 5 April 2007. The 2007 judgment had directed that the State of Maharashtra not …

ESTATE MANAGER, M.P. HOUSING BOARDversusRAJESH KUMAR GUPTA

2009 INSC 544Appeal(s) allowed

The respondents, allottees of the Madhya Pradesh Housing Board, challenged the Board’s demand of an extra 10% charge for corner plots and 5% for best‑location plots, arguing that the plots were allotted by lottery and such levies were unsustainable under the Consumer Protection Act, 1985. The …

IN RE: DESTRUCTION OF PUBLIC & PRIVATE PROPERTIESversusSTATE OF A.P. AND ORS.

2009 INSC 535Disposed off

The Supreme Court, acting suo motu under Article 32, examined the widespread destruction of public and private property during agitations, bandhs and hartals. It appointed two expert committees—one chaired by Justice K.T. Thomas and the other by senior lawyer F.S. Nariman—to recommend measures for …

BANGALORE METROPOLITAN TRANSPORT CORPN.versusT.V. ANANDAPPA

2009 INSC 545Case Partly allowed

The respondent, a Badli Conductor employed by Bangalore Metropolitan Transport Corporation, was removed from the list of Badli Conductors in 1995 for alleged unauthorized absence. He later filed a claim under Section 10(4-A) of the Industrial Disputes Act, which he withdrew, and subsequently raised …

G. SEKARversusGEETHA & ORS

2009 INSC 503Dismissed

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 …

STATE OF MADHYA PRADESHversusSHEIKH SHAHID

2009 INSC 491Appeal(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 …

SHYAM LAL @ KULDEEPversusSANJEEV KUMAR & ORS

2009 INSC 504Dismissed

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 …

STATE OF A.P.versusARAVAPALLY VENKANNA & ANR.

2009 INSC 492Appeal(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 …

GULJAR SINGH & ORS.versusDEPUTY DIRECTOR CONSOLIDATION AND ORS.

2009 INSC 505Dismissed

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, …

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

2009 INSC 506Case 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 …

RAMRAJSINGHversusSTATE OF M.P. & ANR.

2009 INSC 493Appeal(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 …

STATE OF U.P.versusSUBHASH KUMAR SINGH TOMAR

2009 INSC 494Dismissed

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 …

SUHELKHAN KHUDYARKHAN & ANR.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 495Disposed 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 …

SURESH CHANDRA SHARMAversusSTATE OF M.P.

2009 INSC 496Dismissed

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 …

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

2009 INSC 508Appeal(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 …

THAHIRA HARIS ETC.versusGOVT. OF KARNATAKA & ORS.

2009 INSC 529Disposed 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 …

RAM MARUTHI PAWARversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 501Appeal(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 …

K. ASHOKAversusN.L. CHANDRASHEKAR & ORS.

2009 INSC 531Appeal(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 …

MANOJ NARAIN AGRAWALversusSHASHI AGRAWAL

2009 INSC 532Disposed 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 …

SUMESH SINGHversusPHOOLAN DEVI & ORS.

2009 INSC 533Dismissed

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 …

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

2009 INSC 507Appeal(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 …

STATE OF RAJASTHANversusMOHAN LAL AND ORS.

2009 INSC 509Dismissed

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 …