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Supreme Court of India

Judgments of 2009

1,312 judgments, newest first — showing 801–1,000.

HAMIDBHAI AZAMBHAI MALIKversusSTATE OF GUJARAT

2009 INSC 1712 January 2009Dismissed

Hamidbhai Azambhai Malik was convicted under Section 20(b)(ii) of the NDPS Act for possession of charas after a police raid on his house. The raid was conducted after a police sub‑inspector, investigating a separate offence, received information that Malik also dealt in contraband and reported it in writing to his supe

BUDDU KHANversusSTATE OF UTIARAKHAND

2009 INSC 1812 January 2009Case Partly allowed

Buddu Khan assaulted Dinesh Oli with a brick after Oli bit Khan's cheek in the presence of Khan's wife, causing Oli's death. The trial court convicted Khan under Section 302 IPC for murder, a decision upheld by the Uttarakhand High Court. On appeal, Khan argued that the killing occurred in a sudden fight without premed

RAMJIT AND ORS.versusSTATE OF U.P.

2009 INSC 1912 January 2009Case Partly allowed

The incident arose when a bull owned by the accused entered the complainant's field, damaging crops and leading to a heated exchange between the parties. The accused then entered his house and returned within a few minutes armed with lathis, knives and other weapons, assaulting the complainant's brother, father and ano

RAJASTHAN STATE ROAD TRANSPORT CORPORATION --I & ANR.versusBAL MUKUND BAIRWA

2009 INSC 1412 January 2009Reference answered

The Rajasthan State Road Transport Corporation (a State corporation) terminated several employees and the employees filed civil suits alleging violation of natural‑justice principles and statutory regulations. The Supreme Court was asked to resolve a conflict between earlier judgments on whether civil courts have juris

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

2009 INSC 129911 December 2009Dismissed

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

BHARAT SANCHAR NIGAM LTD. AND ANR.versusDHANURDHAR CHAMPATIRAY

2009 INSC 130011 December 2009Case Partly allowed

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

UNIVERSITY OF KERALAversusCOUNCIL, PRINCIPALS, COLLEGES, KERALA & OTHERS

2009 INSC 122711 November 2009Disposed off

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

AMALENDU PAL @ JHANTUversusSTATE OF WEST BENGAL

2009 INSC 122811 November 2009Case Partly allowed

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

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

2009 INSC 113011 September 2009Disposed off

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

RAMESH CHANDRA AGRAWALversusREGENCY HOSPITAL LTD. AND ORS.

2009 INSC 113111 September 2009Appeal(s) allowed

The appellant, diagnosed with spinal tuberculosis (Pott's disease), underwent three surgeries that left him handicapped and filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence. The Commission dismissed the complaint, holding that negligence was not proved, bu

G.V. SREERAMA REDDY AND ANR.versusRETURNING OFFICER AND ORS.

2009 INSC 104111 August 2009Disposed off

In the 2008 Bagepalli Legislative Assembly election, the CPM candidate G.V. Sreerama Reddy (appellant) lost after a recount and filed an election petition under Section 81 of the Representation of the People Act, 1951. The petition was filed by his advocate without the petitioner’s personal presence, leading the Karnat

STATE OF PUNJABversusRAJINDER SINGH

2009 INSC 104211 August 2009Dismissed

The case concerns the murder of Harinder Kumar, who was shot during a dispute over brick‑kiln ownership. Rajinder Singh was convicted by the trial court under IPC s.302 and the Arms Act s.27, but the Punjab and Haryana High Court acquitted him, relying on a conflict between eyewitness testimony that a shotgun was used

UNION OF INDIAversusSHAH ALAM & ANR.

2009 INSC 85511 June 2009Dismissed

The Union of India appealed the acquittal of Shah Alam and Mazzum Haq, who had been convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possessing 100 grams of heroin each and sentenced to ten years' rigorous imprisonment and a fine. The Allahabad High Court set aside the conviction, holding t

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

2009 INSC 78411 May 2009Appeal(s) allowed

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

M.P. PETERversusSTATE OF KERALA & ORS.

2009 INSC 78611 May 2009Appeal(s) allowed

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

JAYENDRA VISHNU THAKURversusSTATE OF MAHARAHSTRA AND ANOTHER

2009 INSC 78711 May 2009Appeal(s) allowed

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

SMRUTI PAHARIYAversusSANJAY PAHARIYA

2009 INSC 78311 May 2009Disposed off

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

RAVI DEVELOPMENTversusSHREE KRISHNA PRATHISTHAN & ORS.

2009 INSC 78811 May 2009Appeal(s) allowed

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

GLOBAL ENERGY LTD. & ANR.versusCENTRAL ELECTRICITY REGULATORY COMMISSION

2009 INSC 78511 May 2009Appeal(s) allowed

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

STATE OF U.P.versusGAJADHAR SINGH AND ORS.

2009 INSC 14411 February 2009Dismissed

During a village election in April 1995, Gajadhar Singh and his associates created a disturbance. While two accused held the hand of polling agent Chandra Bhan Singh, Gajadhar fired a concealed country‑made pistol, killing the victim and injuring three others. The trial court convicted all seven accused under Sections

PANKI THERMAL STATION AND ANR.versusVIDYUT MAZDOOR SANGTHAN AND ORS.

2009 INSC 15011 February 2009Case Partly allowed

The appellants, Panki Thermal Station and others, challenged an order of the Uttar Pradesh Labour Commissioner dated 6 August 1999, which under Rule 25(2)(v)(a) of the U.P. Contract Labour (Regulation and Abolition) Rules, 1975 directed that 118 contract workers be regularised and paid wages, holidays and allowances on

ASHOK SHARMAversusRAM ADHAR SHARMA

2009 INSC 15111 February 2009Dismissed

The respondent, Ram Adhar Sharma, filed a suit for possession of a flat in a cooperative housing society against the appellant, Ashok Sharma, who was occupying the flat as a tenant. During trial, the President of the society (PW‑3) was summoned and, after his testimony, sought to produce a document establishing the dat

M/S NANDAN BIOMATRIX LIMITEDversusD 1 OILS LIMITED

2009 INSC 15311 February 2009Appeal(s) allowed

The applicant, a seed‑cloning business, entered into a Supply Agreement with the respondent that contained a clause stating that any dispute would be resolved by "institutional arbitration" under the Arbitration and Conciliation Act, 1996. The respondent argued that the clause was vague because it did not name a specif

ELIAMMA & ANR.versusST ATE OF KARNAT AKA

2009 INSC 13911 February 2009Case Partly allowed

The appellants were convicted for the murder of M.T. George and for concealing the offence, under Sections 304 Part II and 201 read with Section 34 of the IPC. They appealed the conviction and alternatively claimed that they were entitled to release on probation under Section 360 of the Code of Criminal Procedure, 1973

STATE OF MAHARASHTRA ETC.versusDHANENDRA SHRIRAM BHURLE ETC.

2009 INSC 14011 February 2009Appeal(s) allowed

The State of Maharashtra appealed against a Nagpur Bench order of the Bombay High Court that granted bail to the accused Dhanendra Shriram Bhurle and others, who were charged under the Unlawful Activities (Prevention) Act, 1967, the Arms Act, 1959 and the Indian Penal Code. The High Court had concluded, without detaile

M. GOPALAKRISHNANversusSTATE BY ADDL. S.P. CBI, B.S. & F.C., BANGALORE

2009 INSC 14111 February 2009Dismissed

The CBI filed a case under Sections 120B and 420 of the IPC and Sections 11, 12 and 13 of the Prevention of Corruption Act against M. Gopalakrishnan, then Executive Director, Chairman and Managing Director of Indian Bank. Gopalakrishnan sought to quash the proceedings under Section 482 of the Code of Criminal Procedure

STATE OF KARNATAKAversusNINGAPPA @ BHYRAPPA @ NINGEGOWDA & ANR.

2009 INSC 14211 February 2009Appeal(s) allowed

The respondents were convicted by the Sessions Court for culpable homicide under Sections 304 Part I and Part II of the IPC in connection with the murder of Venkatesha Gowda. The Karnataka High Court set aside these convictions in a brief, non‑reasoned order, without analysing the eye‑witness testimonies or the dying d

STATE (GOVT. OF NCT OF DELHI)versusD. A. M. PRABHU AND ANR.

2009 INSC 14311 February 2009Appeal(s) allowed

The State of NCT of Delhi filed a criminal appeal against D.A.M. Prabhu and others for allegedly violating Clause 17 of the Textile (Control) Order, 1986 by declaring incorrect fibre composition, thereby contravening an order made under Section 3 of the Essential Commodities Act, 1955. The trial court and a special jud

STATE OF PUNJABversusPRITAM CHAND AND ORS.

2009 INSC 14511 February 2009Disposed off

The State of Punjab appealed the acquittal of partners of Jagdamba Rice Mills who were charged under Section 406 IPC for criminal breach of trust. The trial court and the High Court dismissed the case on the ground that the dispute was merely a civil breach of contract and that the arbitration award settled the matter.

VADAMALAIversusSYED THASTHA KEER

2009 INSC 14611 February 2009Appeal(s) allowed

The appellant, a Head Constable, and a Sub‑Inspector were charged under Sections 323, 324 and 342 of the Indian Penal Code for allegedly beating and illegally detaining a complainant at a police station from 10 May to 13 May 1988. The trial court convicted them, but the first appellate court acquitted them, holding tha

KALAWATI W/O DEVAJI DHOTEversusSTATE OF MAHARASHTRA

2009 INSC 14711 February 2009Dismissed

Kalawati w/o Devaji Dhote was convicted of murder under Section 302 IPC based on the testimony of a child witness (the deceased's son) and the dying declaration of the victim, Babital. The High Court upheld the conviction and the appellant challenged the judgment before the Supreme Court, arguing that the child’s testi

CHINNAPONNUversusSTATE OF TAMIL NADU

2009 INSC 14811 February 2009Case Partly allowed

The appellant was convicted under Section 304 Part II of the Indian Penal Code for causing the death of Lakshmi during a sudden quarrel. The appellant appealed to the Madras High Court, which admitted the appeal but disposed of it without hearing because the appellant's counsel did not appear. The counsel explained tha

JAYASEELANversusSTATE OF TAMIL NADU

2009 INSC 14911 February 2009Dismissed

The appellant, A1, was convicted of murder under Section 302 read with Section 34 of the IPC for stabbing the deceased. The trial court acquitted him, citing an alleged delay in lodging the FIR and an unexplained injury on the accused. The Madras High Court set aside the acquittal, held that the FIR was lodged within a

THE UNIVERSITY OF KERALAversusTHE COUNCIL OF PRINCIPALS OF COLLEGE IN KERALA & ORS.

2009 INSC 15211 February 2009Appeal(s) allowed

The Supreme Court considered a civil appeal filed by the University of Kerala against the Council of Principals of Colleges in Kerala and others, challenging the implementation of anti‑ragging measures ordered by the Court in earlier cases. The Court examined the reports of the Committee headed by Dr. R.K. Raghavan, wh

BABU LALversusHARYANA STATE AGRICULTURAL MKT. BOARD

2008 INSC 16511 February 2008Dismissed

Babu Lal, a former employee of the Haryana State Agricultural Market Board, filed a suit seeking salary arrears from 2 November 1995 to 30 March 2001, claiming he was promoted to Executive Officer‑cum‑Secretary in November 1995. The trial court dismissed the suit, but the first appellate court reversed that decision an

DILIP PREMNARAYAN TIWARI AND ANR.versusSTATE OF MAHARASHTRA

2009 INSC 129510 December 2009Dismissed

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

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

2009 INSC 129610 December 2009Appeal(s) allowed

The appellants, K.K. Kannan and others, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court of Kerala's reversal of concurrent lower‑court decisions. The High Court had merely listed the grounds in the memorandum of appeal as "substantial questions of law" without ac

GAJULA SURYA PRAKASARAOversusSTATE OF ANDHRA PRADESH

2009 INSC 122610 November 2009Appeal(s) allowed

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

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

2009 INSC 112410 September 2009Dismissed

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

ANIL CHANDRA & ORS.versusRADHA KRISHNA GAUR & ORS.

2009 INSC 112510 September 2009Dismissed

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

DUBARIAversusHAR PRASAD & ANR.

2009 INSC 112610 September 2009Remitted to Lower Court

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

PADUBIDRI DAMODAR SHENOYversusINDIAN AIRLINES LTD. AND ANR.

2009 INSC 112710 September 2009Dismissed

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

BHERU LAL & ORS.versusSTATE OF RAJASTHAN

2009 INSC 103910 August 2009

The case involved the murder of two brothers, sons of PW‑7, and the arson of her property by a group of accused persons. The trial court convicted all seven accused under sections of the IPC including 302 and 436, but the High Court acquitted one accused (A‑6) and upheld the convictions of the remaining. The appellants

CHITRESH KUMAR CHOPRAversusSTATE (GOVT. OF NCT OF DELHI)

2009 INSC 104010 August 2009Dismissed

The appellant, Chitresh Kumar Chopra, was charged under Section 306 read with Section 34 of the IPC for allegedly abetting the suicide of his business partner, Jitendra Sharma, by mental harassment over a profit dispute. The trial court framed charges, finding sufficient material to presume that the appellant had insti

SATWANT KAUR SANDHUversusNEW INDIA ASSURANCE COMPANY LTD.

2009 INSC 89910 July 2009

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

JUGESH SEHGALversusSHAMSHER SINGH GOGI

2009 INSC 90010 July 2009Appeal(s) allowed

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

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

2009 INSC 90110 July 2009Dismissed

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

NEW INDIA ASSURANCE CO. LTD.versusSURESH CHANDRA AGGARWAL

2009 INSC 90210 July 2009Appeal(s) allowed

The claimant purchased a comprehensive motor insurance policy from New India Assurance Ltd. for his car, which was involved in a fatal accident on 29 February 1992. The insurer denied the claim, alleging that the driver’s driving licence was not valid on the date of the accident because it had expired on 25 October 199

SAVITRI AGARWAL & ORS.versusSTATE OF MAHARASHTRA & ANR.

2009 INSC 90310 July 2009Disposed off

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

REKHA RANAversusJAIPAL SHARMA AND ORS.

2009 INSC 89710 July 2009Dismissed

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

STATE OF KERALAversusM/S ZOOM DEVELOPERS PVT. LTD. & ORS.

2009 INSC 13710 February 2009Dismissed

The Supreme Court examined the rejection of Zoom Developers’ consortium bid for the Vizhinjam seaport PPP project. The issues were whether the modified consortium agreement dated 11‑March‑2008 altered the membership of the consortium after the 31‑Jan‑2008 cut‑off, and whether the use of the term “joint and several resp

VIJAY KUMAR & ANR.versusDHARAM PAL & ORS.

2009 INSC 13610 February 2009Dismissed

The suit for possession was filed by Dharam Pal (Respondent No.1) asserting ownership of two properties. The defendants, Vijay Kumar & Anr., contended that the properties were bought benami in Dharam Pal's name and that Section 4 of the Benami Transactions (Prohibition) Act, 1988 barred their defence. The trial court,

SHAKUNT ALA DEVI & ORS.versusCHAMRU MAHTO & ANR.

2009 INSC 13810 February 2009Dismissed

The appellants sought restoration of possession of land under Section 145(6) of the Criminal Procedure Code after an Executive Magistrate had declared their right to possession in 1994. The respondent obtained a revision and the High Court set aside the lower courts' orders, invoking the Specific Relief Act and the Lim

MRS. SHILPA AGGARWALversusMR. AVIRAL MITIAL & ANR.

2009 INSC 12929 December 2009Hearing Adjourned

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

NAND KISHORE OJHAversusANJANI KUMAR SINGH

2009 INSC 12939 December 2009Hearing Adjourned

The Supreme Court examined a contempt petition filed by Nano Kishore Ojha against the State of Bihar for failing to honour undertakings given on 18 January 2006 and 7 February 2007 to appoint all trained primary‑school teachers to vacant posts. Earlier High Court and Supreme Court orders (1996, 1997) had directed the S

DIRECTOR, FISHERIES TERMINAL DIVISIONversusBHIKUBHAI MEGHAJIBHAI CHAVDA

2009 INSC 12249 November 2009Dismissed

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

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

2009 INSC 12259 November 2009Dismissed

The petitioners, Som Datt Builders Ltd. and others, challenged the Central Government's notification declaring "ordinary earth" used for filling and levelling as a "minor mineral" under Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957, and the subsequent fixing of royalty at Rs.4 per cubic

REVAJEETU BUILDERS & DEVELOPERSversusNARAYANASWAMY & SONS & OTHERS

2009 INSC 11799 October 2009Dismissed

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

DELHI DEVELOPMENT AUTHORITYversusJITENDER PAL BHARDWAJ

2009 INSC 11809 October 2009Dismissed

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

SOHAN SINGH & ANR.versusSTATE OF BIHAR

2009 INSC 11819 October 2009Dismissed

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

UDEY CHANDversusSURAT SINGH AND ANR.

2009 INSC 11829 October 2009Appeal(s) allowed

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

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

2009 INSC 11839 October 2009Appeal(s) allowed

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

RAMCHANDRA DAGDU SONAVANE (DEAD) BY LRS. & ORS.versusVITHU HIRA MAHAR (DEAD) BY LRS. & ORS.

2009 INSC 11789 October 2009Appeal(s) allowed

The appellants, heirs of a Watandar, sued the respondents for a permanent injunction, asserting their right to the watan lands based on a 1941 declaration. The respondents claimed they were the adopted son of the deceased Watandar, relying on a 1931 order of the Mamlatdar, and sought re‑grant of the land. The trial cou

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

2009 INSC 11199 September 2009Case Partly allowed

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

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

2009 INSC 11219 September 2009Dismissed

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

BALWANTBHAI B. PATELversusSTATE OF GUJARAT & ORS.

2009 INSC 11229 September 2009Appeal(s) allowed

On 30 November 1993, three accused—Thakorbhai, Jagdishbhai and Balwantbhai Patel—attacked a group of men in Bharuch, resulting in the death of Sagir Ahmed. Balwantbhai Patel was alleged to have caught hold of Gyasuddin Ansari, enabling Jagdishbhai to inflict a simple injury. All three were convicted under Section 302 I

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

2009 INSC 11239 September 2009Dismissed

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

SAYEED AHMED & CO.versusSTATE OF UP & ORS.

2009 INSC 8969 July 2009Case Partly allowed

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

NEW INDIA ASSURANCE COMPANY LIMITEDversusPRADEEP KUMAR

2009 INSC 4729 April 2009Dismissed

The appellant, New India Assurance Co., insured a heavy truck owned by the respondent, Pradeep Kumar, which was damaged in an accident. The respondent repaired the vehicle using a bank loan and claimed the repair expenses plus interest from the insurer. The insurer relied on reports of two approved surveyors and offere

AKHTAR & ORS.versusSTATE OF UTTARANCHAL

2009 INSC 4719 April 2009Dismissed

The appellants Akhtar and others were charged under Sections 148, 149, 302, 307 and 324 of the IPC for a daylight assault on a disputed piece of land that resulted in two deaths and two injuries. The trial court acquitted them, but the High Court convicted the surviving five accused on the basis of testimony of two inj

PATRI VYAPAR MANDAL DELHI (REGD)versusM.C.D. TOWN HALL & ORS.

2009 INSC 4739 April 2009Disposed off

The Supreme Court dealt with numerous applications concerning the implementation of the National Policy on Urban Street Vendors (NPSV) 2004 and the Delhi Laws Special Provisions Act, 2007 in Delhi. Petitioners sought directions to reduce the pedestrian footpath width from 5 ft to accommodate more hawkers, to allow tran

SUCHAND BOURIversusSTATE OF WEST BENGAL

2009 INSC 4749 April 2009Dismissed

The appellant, Suchand Bouri, was convicted of murder for delivering a knife blow to the chest of Sarbeswar, a village watchman, during a dispute over land boundaries. The prosecution proved that the blow was inflicted with considerable force using a deadly weapon, targeting a vital organ, and caused a wound sufficient

POSURAM DESHMUKHversusSTATE OF CHHATTISGARH

2009 INSC 4759 April 2009Appeal(s) allowed

The appellant Posuram Deshmukh (Posu) and a co‑accused attacked Hiralal, who was blocking a watercourse, with a chatwar and a lathi during an altercation over water rights. Hiralal sustained fatal injuries and died en route to the hospital. The trial court convicted Posu under Section 302 read with Section 34 IPC, a co

PTC INDIA LTD.versusGAJENDRA HALDEA AND ORS.

2009 INSC 4769 April 2009Appeal(s) allowed

PTC India Ltd. appealed against an order of the Appellate Tribunal for Electricity (ATE) that, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. The appellant contended that the Tribunal lacked authorit

CENTRAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA AND ORS.

2009 INSC 4779 April 2009Appeal(s) allowed

The appeal challenged an order of the Appellate Tribunal for Electricity directing all Electricity Regulatory Commissions to fix trading margins, which the appellant argued amounted to tariff determination beyond the Tribunal's power under Section 121 of the Electricity Act, 2003. The appellant, Gajendra Haldia, had no

WEST BENGAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA & ORS.

2009 INSC 4789 April 2009Appeal(s) allowed

The West Bengal Electricity Regulatory Commission appealed against an order of the Appellate Tribunal for Electricity that, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all regulatory commissions to fix trading margins as if they were tariff determinations. The Commission contended that the Tribun

CESC LTD.versusGAJENDRA HALDEA AND ORS.

2009 INSC 4799 April 2009Appeal(s) allowed

CESC Ltd appealed against an order of the Appellate Tribunal for Electricity (ATE) that, invoking sections 60 and 66 of the Electricity Act, 2003, directed all Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. CESC contended that the Tribunal lacked jurisdiction to prescri

WEST BENGAL STATE ELECTRICITY BOARDversusGAJENDRA HALDEA AND ORS.

2009 INSC 4809 April 2009Appeal(s) allowed

The West Bengal State Electricity Board appealed against an order of the Appellate Tribunal for Electricity which, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all State Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. The Board contended that the Tr

STATE OF ORISSAversusPRASANNA KUMAR MOHANTY

2009 INSC 4819 April 2009Disposed off

The State of Orissa prosecuted Prasanna Kumar Mohanty and examined the investigating officer, Bipin Behari Mahapatra, in chief on 1 September 1999. Although the defence was given two occasions to cross‑examine the witness, he was later recalled and failed to appear from 2003 to 2006, citing illness and old age. The Hig

CHAMAN LAL SINGHALversusHARYANA URBAN DEVELOPMENT AUTHORITY & ORS.

2009 INSC 1209 February 2009Disposed off

The appellant applied for a residential plot from HUDA, received an allotment letter requiring payment of 15% of the price within 30 days and the balance within 60 days or in installments. He failed to make the required payment or communicate acceptance, leading HUDA's Estate Officer to cancel the allotment and forfeit

ANILARIversusSTATE OF WEST BENGAL

2009 INSC 1219 February 2009Appeal(s) allowed

Four accused were convicted under Sections 342, 302 and 201 read with Section 34 of the IPC for a murder case. One of them, Anil Ari, aged about 70 years, had been on bail during the trial and had been in prison for roughly a year when he applied for suspension of his sentence under Section 389 of the CrPC. The Calcutt

D. SHANMUKHA SUNDARAMMAversusD. SUNEETHA AND ORS.

2009 INSC 1229 February 2009Case Partly allowed

An auto‑driver died when a lorry collided with his auto‑rickshaw. The widow filed a claim for compensation under s.166 of the Motor Vehicles Act, 1988 and the mother of the deceased also claimed a share. The Motor Accident Claims Tribunal awarded Rs 3.40 lakh with interest and directed equal division between the widow

A.P.S.R.T.CversusREG. TRANSPORT AUTHORITY, ANANTHAPUR & ANR.

2009 INSC 1239 February 2009Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (APSRTC) applied for stage carriage permits for a town service route from Hindupur Municipal Bus Stand to Kothapalli. The Regional Transport Authority rejected the application, deeming the route "new" and requiring government formulation under Section 68(3)(ca) of the

ORIENTAL INSURANCE CO. LTD.versusVIMLA DEVI & ORS.

2009 INSC 1249 February 2009Case Partly allowed

The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 for compensation after a goods commercial vehicle (UP .07‑F‑4885) fell into a ditch, killing three persons. Oriental Insurance, the insurer, contended that the vehicle was being driven in violation of policy terms, the driver lacked a

STATE REP. BY TAHSILDAR-CUM-SALES OFFICERversusM. JANKIRAMAN & ANR.

2009 INSC 1259 February 2009Case Partly allowed

The respondents, Janakiraman and Settu, were caught during a raid for manufacturing illicit Indian Made Foreign Liquor and were convicted by the trial court and the first appellate court under Sections 31, 33, 37(a) and 38(1) of the Pondicherry Excise Act, 1970. They appealed, and the Madras High Court, in a revision p

RAVINDRA SHALIK NAIK AND ORS.versusST ATE OF MAHARASHTRA

2009 INSC 1269 February 2009Case Partly allowed

The appellants attacked the father‑in‑law of the complainant with an axe, knife and a gupti after a verbal quarrel that began when a bundle of cotton struck the complainant's roof. The victim died from the injuries. The trial court convicted them of murder under Section 302 read with Section 34 IPC and also under Secti

DHUK SINGHversusSTATE OF RAJASTHAN & ANR.

2009 INSC 1279 February 2009Disposed off

The appeal challenges the Rajasthan High Court’s order granting bail to respondent No.2 during the pendency of FIR No.20/2007. The High Court granted bail without recording reasons, stating that the question of whether the respondent should be added as an accused under Section 169 of the Code of Criminal Procedure (CrP

PRASAD @ HARI PRASAD ACHARYAversusST ATE OF KARNATAKA

2009 INSC 1289 February 2009Appeal(s) allowed

The appellant was convicted under IPC sections 447, 376(2)(g), 506 read with 34 for house‑trespass, rape and criminal intimidation. The Karnataka High Court upheld the conviction, but the Supreme Court was approached on the ground that the High Court’s order was practically non‑reasoned and contained no analysis of the

D.M. PREMKUMARIversusTHE DIVISIONAL COMMISSIONER, MYSORE DIVISION & ORS.

2009 INSC 1299 February 2009Disposed off

D.M. Premkumari, a member of the Telugu Shetty community, was appointed as a primary school teacher in 1994 under the Group B reservation category as per the Karnataka Government's 1986 classification order. Later verification revealed that her caste, Telugu Balija, had been re‑classified to Group D, making her ineligi

KARNATAKA POWER TRANSMISSION CORPN. & ANR.versusASHOK IRON WORKS PVT. LTD.

2009 INSC 1319 February 2009Disposed off

Ashok Iron Works Pvt. Ltd., a private limited manufacturing company, filed a complaint under the Consumer Protection Act, 1986 against Karnataka Power Transmission Corporation (KPTC) for delay in electricity supply. The key issues were whether a private limited company qualifies as a ‘person’ under s.2(1)(d) of the Act

RITU MAHAJANversusINDIAN OIL CORPORATION & ORS.

2009 INSC 1329 February 2009Disposed off

Indian Oil Corporation advertised a retail outlet (petrol pump) at Dhariwal reserved for women, stating that, other things being equal, preference would be given to unmarried women above 40 years and widows. Ritu Mahajan, a 28‑year‑old married engineer, applied along with Smt. Rani Gauba, a 47‑year‑old widow with matri

M/S. PENNAR INDUSTRIES LTD.versusSTATE OF A.P. & ORS.

2009 INSC 1339 February 2009Disposed off

Pennar Industries Ltd challenged a High Court order that required it to deposit 50% of a disputed tax under the Andhra Pradesh Tax on Entry of Goods into Local Areas Act, 2001 as a condition for an interim stay. The Supreme Court examined the principles governing the grant of stay orders, emphasizing that discretion mu

KOMALversusSTATE OF M.P.

2009 INSC 1349 February 2009Appeal(s) allowed

The appellant, Komal, was convicted by the trial court under IPC s.323 for assaulting the deceased Daulat. The Madhya Pradesh High Court altered the conviction to s.304 Part I read with s.34, holding that Komal had caused the fatal injury in furtherance of a common intention. On appeal, the Supreme Court held that ther

SPECIAL LAND ACQUISITION OFFICER, U.K. PROJECT.versusMAHABOOB & ANR.

2009 INSC 1359 February 2009Dismissed

The Special Land Acquisition Officer (U.K. Project) appealed against a reference court award that increased compensation for 1 acre 13 guntas of land from Rs.4,000 to Rs.30,420 per acre. Both the first and second appeals were dismissed by the High Court, after which a Special Leave Petition (SLP) was filed alleging pro

RAJENDER SINGH & ANR.versusSTATE OF HARYANA

2009 INSC 119 January 2009Dismissed

The case concerned the murder of Dinesh, who was allegedly confined, tied, and assaulted with a wooden stick in the house of Suraj Bhan (A‑1). Eye‑witnesses, including the victim's father and grandfather, testified that they saw the accused beating the victim, and a post‑mortem report confirmed multiple fatal injuries.

ASHOK KUMAR MITTALversusRAM KUMAR GUPTA & ANR.

2009 INSC 129 January 2009Dismissed

Ashok Kumar Mittal filed a suit for specific performance of an alleged sale agreement. The trial court dismissed the suit and the Delhi High Court affirmed the dismissal, holding that both parties had lied on oath and deserved prosecution for perjury. Instead of ordering prosecution, the High Court imposed exemplary co

ALKAPURI CO-OPERATIVE HOUSING SOCIETY LTD.versusJAYANTIBHAI NAGINBHAI (DECEASED) THR.LRS.

2009 INSC 139 January 2009Appeal(s) allowed

The appellant, Alkapuri Co‑operative Housing Society Ltd., filed a 1985 suit against Surat Municipal Corporation challenging a town‑planning scheme. The deceased respondent, an allottee of plot No.29‑B, filed a separate suit for a permanent injunction which was rejected, and later, in 2003, sought to amend his plaint t

UNION OF INDIA & ORS.versusM. K. SARKAR

2009 INSC 12888 December 2009Appeal(s) allowed

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

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

2009 INSC 12898 December 2009Appeal(s) allowed

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

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

2009 INSC 12908 December 2009Dismissed

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

MANKAMMAversusSTATE OF KERALA

2009 INSC 11758 October 2009Appeal(s) allowed

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

REGISTRAR, CO-OPERATIVE SOCIETIES HARYANAversusISRAIL KHAN & ORS.

2009 INSC 11768 October 2009Appeal(s) allowed

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

PANDURANG CHANDRAKANT MHATRE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 11778 October 2009Case Partly allowed

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

HAZARI LAL DASversusSTATE OF WEST BENGAL & ANR.

2009 INSC 11148 September 2009Appeal(s) allowed

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

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

2009 INSC 11158 September 2009Dismissed

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

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

2009 INSC 11168 September 2009Dismissed

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

THE COMMISSIONER OF CENTRAL EXCISE, BHUBANESWAR-1versusM/S. CHAMPDANY INDUSTRIES LIMITED

2009 INSC 11178 September 2009Dismissed

M/s Champdany Industries Ltd. manufactured carpets interlacing jute, cotton and polypropylene yarns, with jute constituting more than 50% by weight. The Revenue issued a show‑cause notice classifying the carpets as polypropylene carpets because the surface was polypropylene, rejecting the predominance of jute. The Assi

ALLWYN HOUSING COLONY WELFARE ASSOCIATIONversusGOVT. OF A. P. & ORS.

2009 INSC 11188 September 2009Appeal(s) allowed

The Allwyn Housing Colony Welfare Association filed a writ petition challenging the allotment of 3 acres 18 guntas of land to the Hyderabad Allwyn Employees Co‑operative Housing Committee. The High Court dismissed the petition on the ground that the persons to whom the plots were allotted were not impleaded. The Suprem

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

2009 INSC 8908 July 2009Reference answered

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

SARLA GOEL & ORS.versusKISHAN CHAND

2009 INSC 8918 July 2009Appeal(s) allowed

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

CHANDRASHEKHAR & ORS.versusADDITIONAL SPECIAL LAND ACQUISITION OFFICER

2009 INSC 8928 July 2009Appeal(s) allowed

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

STATE OF HIMACHAL PRADESHversusNARAIN SINGH

2009 INSC 8938 July 2009Appeal(s) allowed

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

VALLABHANENI VENKATESHWARA RAOversusSTATE OF A.P.

2009 INSC 7558 May 2009Appeal(s) allowed

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

K.N. NARENDRANATHversusSTATE OF KARNATAKA

2009 INSC 7568 May 2009Appeal(s) allowed

The appellant, K.N. Naren... (the husband), was convicted for the murder of his wife Kumadavathi, alleged to have been manually strangulated on 5 December 1998. The trial court, and subsequently the Karnataka High Court, relied primarily on a purported extra‑judicial confession recorded by police witnesses (PW‑10 and P

NARENDRA G. GOELversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 7518 May 2009Dismissed

The husband of a Canadian citizen murdered in Bombay filed a writ petition seeking that forensic DNA analysis of seized evidence be conducted in Canada, as such facilities were unavailable in India. The Bombay High Court directed the investigating agency to send the material to Canada for examination under Section 166A

STATE OF RAJASTHAN AND ORS.versusJAGDISH NARAIN CHATURVEDI

2009 INSC 7528 May 2009Disposed off

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

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

2009 INSC 7488 May 2009Appeal(s) allowed

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

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

2009 INSC 7538 May 2009Appeal(s) allowed

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

MUNI KUMAR RAZDANversusTRIMURTI CHARITABLE TRUST, GWALIOR & ORS.

2009 INSC 7548 May 2009Dismissed

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

CHAND GUPTA AND ORS.versusSTATE OF HIMACHAL PRADESH

2009 INSC 7598 May 2009Dismissed

In 1992 the owners of M/s Shiva Enterprises were found by police to have liquor in their godown exceeding the quantity authorized under a transport permit. They were convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 for unlawful possession and sentenced to three years' imprisonment and a fine. On appeal t

JOYDEEP NEOGI @ BUBAIversusSTATE OF WEST BENGAL

2009 INSC 7608 May 2009Disposed off

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

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

2009 INSC 7618 May 2009Appeal(s) allowed

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

JAVED ALAMversusSTATE OF CHHATTISGARH AND ANR.

2009 INSC 7628 May 2009Disposed off

The case concerns the murder of a college student, Ku Preeti, who was run over by a jeep driven by Samar Vijay Singh on a college campus. The driver (prime accused) and three co‑accused were convicted by the trial court and the High Court; the driver under s.302 IPC and the co‑accused under s.302 read with s.34 IPC. On

CHITTARANJAN MIRDHAversusDULAL GHOSH AND ANR.

2009 INSC 7638 May 2009Dismissed

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

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

2009 INSC 7648 May 2009Dismissed

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

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

2009 INSC 7658 May 2009Dismissed

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

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

2009 INSC 7668 May 2009Case Partly allowed

The State of Uttar Pradesh prosecuted three accused for the murder of Ajay Kumar. The prosecution relied on the testimony of the victim's father (PW1), an eye‑witness, to secure a conviction of Sanjay Vishwakarma under Section 302 IPC and of Atul Singh and Brij Kishore Singh under Section 302 read with Section 34 IPC.

MUSTAQ AHMED MOHAMMED ISAK AND ORS.versusSTATE OF MAHARASHTRA

2009 INSC 7678 May 2009Dismissed

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

BALBIR SINGHversusSTATE OF PUNJAB AND ANR.

2009 INSC 7688 May 2009Disposed off

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

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

2009 INSC 7698 May 2009Disposed off

Twenty-five petitioners filed writ petitions under Article 32 claiming freedom‑fighter status and entitlement to pension under the Swatantra Sainik Samman Pension Scheme, 1983, but were denied benefits. The Union of India and the Government of Andhra Pradesh reported that after preliminary verification only 22 of the c

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

2009 INSC 7708 May 2009Case Partly allowed

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

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

2009 INSC 7718 May 2009Hearing Adjourned

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

NATIONAL INSURANCE COMPANY LIMITEDversusJ. MAHESHWARAMMA

2009 INSC 7728 May 2009Disposed off

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

STATE OF WEST BENGALversusDIPAK HALDER & ANR.

2009 INSC 7498 May 2009Appeal(s) allowed

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

SASIKUMARversusTHE STATE OF TAMIL NADU

2009 INSC 7738 May 2009Dismissed

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

STATE OF PUNJABversusATMA SINGH AND ORS.

2009 INSC 7748 May 2009Appeal(s) allowed

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

STATE OF PUNJABversusHARDIAL SINGH AND ORS.

2009 INSC 7758 May 2009Case Partly allowed

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

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

2009 INSC 7768 May 2009Dismissed

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

THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS.versusGURMAIL SINGH

2009 INSC 7778 May 2009Disposed off

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

SABIR SIDDIQ MALIKversusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.

2009 INSC 7788 May 2009Dismissed

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

RAMANUJ PANDEYversusTHE STATE OF M. P. AND ORS.

2009 INSC 7798 May 2009Case Partly allowed

Ramanuj Pandey, a Head Constable of the Madhya Pradesh Police, apprehended Laxmi Narain, a dam operator, and lodged a complaint under Section 13 of the Lunacy Act alleging insanity. Laxmi Narain's son filed a complaint, leading to a departmental inquiry that found Pandey guilty of detaining a public servant without cau

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

2009 INSC 7818 May 2009Disposed off

The case involved McDowell & Co. Ltd. challenging the revenue's disallowance of deductions under Section 438 of the Income Tax Act, 1961, relating to unpaid bottling fees and interest secured by a bank guarantee, and other claims such as depreciation on R&D assets, transformer purchase, and technical service charges. T

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

2009 INSC 7578 May 2009Dismissed

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

K.T. JOSEPHversusSTATE OF KERALA & ANR.

2009 INSC 7588 May 2009Disposed off

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

THE SECRETARY, FOREST DEPARTMENT & ORS.versusABDUL RASUL CHOWDHURY

2009 INSC 7808 May 2009Appeal(s) allowed

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

STATE OF U.P.versusSHOBHANATH AND ORS.

2009 INSC 7828 May 2009Appeal(s) allowed

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

M.C. MEHTAversusUNION OF INDIA AND ORS.

2009 INSC 7508 May 2009Disposed off

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

BSNL & ORS.versusABHISHEK SHUKLA & ANR.

2009 INSC 4598 April 2009Dismissed

The case concerned two candidates placed on a wait‑list after a BSNL recruitment advertisement for General, OBC and SC posts. When two selected candidates failed to join, the wait‑list candidates applied for appointment, but the department rejected their claim citing the absence of a provision for a wait‑list in the re

RUMI DHARversusSTATE OF WEST BENGAL & ANR.

2009 INSC 4608 April 2009Dismissed

Rumi Dhar and her husband, along with several bank officials, were charged under Sections 120‑B, 420, 467, 468 and 471 IPC for conspiring to defraud a bank. The bank recovered the loan amount through a settlement before the Debt Recovery Tribunal, and the accused paid Rs. 25.51 lakh. Rumi Dhar filed an application unde

HIRA LAL & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 4618 April 2009Appeal(s) allowed

The appellants and respondent No.3 were co‑sharers of land and disputed the validity of a registered will. A civil court had found the will genuine, but respondent No.3 filed a criminal complaint alleging forgery under IPC sections 420, 462, 467, 468 and 471, which the magistrate dismissed. He later filed a second comp

SATYAPALversusSTATE OF HARYANA

2009 INSC 4628 April 2009Dismissed

The appellant Satyapal was convicted under Section 376 of the Indian Penal Code for raping an 11‑year‑old girl. The girl and her aunt testified that the appellant forcibly lifted the child, gagged her and attempted sexual intercourse, after which the appellant fled upon hearing the aunt's voice. The medical examination

RAJENDRA & ANR.versusSTATE OF U.P.

2009 INSC 4588 April 2009Dismissed

The appellants Rajendra and another were convicted under Sections 302 and 34 IPC for the murder of a goldsmith who was allegedly thrown into a well. The prosecution relied on the FIR, the testimony of a minor eye‑witness (the victim’s son) and partial statements of witnesses who were later declared hostile. The defence

KUSUM DEVIversusMOHAN LAL (DEAD) BY LRS

2009 INSC 4638 April 2009Appeal(s) allowed

Kusum Devi, the landlady, filed a suit for eviction of tenant Mohan Lal under sections 12(1)(e) and 12(1)(g) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for residential occupation and for repairs because the premises were unsafe. The trial court and the first appellate court granted

M. RATHINASWAMI & ORS.versusSTATE OF TAMIL NADU & ORS. ETC.

2009 INSC 4648 April 2009Disposed off

The case concerned an amendment to the Tamil Nadu Revenue Subordinate Service Rules that gave directly recruited Assistants preferential seniority over promotee Assistants for promotion to Deputy Tehsildar after five years of service. The petitioners, promotee Assistants, argued that the rule violated Articles 14 and 1

THE REGIONAL MANAGER, CENTRAL BANK OF INDIAversusVIJAY KRISHNA NEEMA & ORS.

2009 INSC 4658 April 2009Dismissed

Vijay Krishna Neema, employed by the Central Bank of India since 1973, took leave in 1986 and failed to report back, despite several memos and a show‑cause notice. The bank invoked Clause 16 of the Shastri Award, a bipartite settlement, to deem him to have voluntarily retired and terminated his service. Neema changed h

LAKSHMI & ANR.versusCHINNAMMAL @ RAYYAMMAL & ORS.

2009 INSC 4668 April 2009Appeal(s) allowed

The appellants, co‑sharers, filed a suit to cancel a partition deed and also lodged an FIR alleging the deed was forged. The deed and the appellant’s signatures were sent to the Forensic Science Laboratory, which produced reports on the signature and on the thumb impression. While the trial court allowed the applicatio

KATARI SURYANARAYANA & ORS.versusKOPPISETTI SUBBA RAO & ORS.

2009 INSC 4678 April 2009Dismissed

The dispute concerned the right of two neighbouring parties to use a lane connecting their houses. Respondents filed a suit for injunction which was dismissed, and the order was appealed; the appellants then filed a second appeal before the High Court. During the pendency of that appeal, respondents No.2 and No.3 died,

ANDHRA PRADESH SERVICE COMMISSIONversusBALOJI BADHAVATH & ORS.

2009 INSC 4688 April 2009Appeal(s) allowed

The Andhra Pradesh Public Service Commission (APPSC) appealed against a High Court order that declared the Government Orders (GOMs) of 31‑12‑1997 and the 27‑12‑2007 notification, which used a 1:50 shortlisting ratio irrespective of community, ultra vires Articles 14 and 16 of the Constitution. The Supreme Court examine

RANI GUPTA & ORS.versusM/S. UNITED INDIA INSURANCE CO. LTD. & ORS.

2009 INSC 4698 April 2009Dismissed

The husband of the appellant died as a gratuitous passenger in a friend’s car that was covered by a Private Car Package Policy. The Motor Vehicles Accidents Claims Tribunal awarded compensation using a multiplier of 13, but the High Court reduced the multiplier to 10 and awarded Rs.12.5 lakh. The insurer appealed on th

COMMISSIONER OF INCOME TAX, DELHIversusM/S WOODWARD GOVERNOR INDIA P. LTD.

2009 INSC 4708 April 2009Dismissed

The Commissioner of Income Tax appealed against the Delhi High Court’s order allowing M/s Woodward Governor India Ltd. to deduct unrealised foreign‑exchange losses on loans taken for revenue purposes. The Court examined whether such losses could be claimed under section 37(1) in the year the exchange rate fluctuated or

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

2009 INSC 12867 December 2009Appeal(s) allowed

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

KAMAL NAYAN MISHRAversusSTATE OF M.P. & ORS.

2009 INSC 12877 December 2009Appeal(s) allowed

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

NEELU CHOPRA AND ANR.versusBHARTI

2009 INSC 11677 October 2009Appeal(s) allowed

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

ARULVELU AND ANOTHERversusSTATE REPRESENTED BY THE PUBLIC PROSECUTOR AND ANOTHER

2009 INSC 11687 October 2009Appeal(s) allowed

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

BABU RAM AND ANR.versusSTATE OF HARYANA AND ANR.

2009 INSC 11697 October 2009Disposed off

The appellants, owners of land in Narwana, challenged the State of Haryana's acquisition of their property for a sewage treatment plant (STP) on the ground that the acquisition was made under Section 17(4) of the Land Acquisition Act, 1894, which dispensed with the right to file objections under Section 5‑A. The High C

RAM SUNDER MAHTO AND ORS.versusSTATE OF BIHAR

2009 INSC 11707 October 2009Disposed off

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

DALEL SINGHversusSTATE OF HARYANA

2009 INSC 11717 October 2009Dismissed

The appellant, Daleel Singh, was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 6.5 kg of charas seized from his house. He challenged the conviction on the ground that the police had not complied with the mandatory requirements of Section 42, which mandates tha

STATE OF MADHYA PRADESH & ORS.versusYOGENDRA SHRIVASTAVA

2009 INSC 11727 October 2009

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

RAM BABU AGARWALversusJAY KISHAN DAS

2009 INSC 11737 October 2009Appeal(s) allowed

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

COAL LINKERversusCOAL INDIA LIMITED

2009 INSC 11117 September 2009Dismissed

Coal Linker entered into a work contract with Coal India and, after disputes, the matter was referred to arbitration. The arbitrator awarded the appellant a sum and granted interest for the pre‑reference period and for the pendency of the arbitration, but expressly omitted any interest from the date of the award to the

CHARAN DASS (DEAD) BY L.RS.versusH.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ORS.

2009 INSC 11127 September 2009Case Partly allowed

The State of Himachal Pradesh acquired land for a housing colony and issued a notification under the Land Acquisition Act, 1894. The Collector’s award of compensation was challenged by the landowners, who obtained a higher valuation from the District Judge based on sale deeds. The Housing Board appealed, and the Himach

M/S ASIAN TECHS LTD.versusUNION OF INDIA & OTHERS

2009 INSC 11137 September 2009Appeal(s) allowed

Asian Techs Ltd. entered a construction contract with the Union of India, but the work was delayed due to material alterations and extensions granted by the respondents. The contractor claimed additional payment and invoked the arbitration clause; the arbitrator issued a non‑speaking award in its favour. The Kerala Hig

MADAN KUMAR SINGH (D) THR. LRS.versusDISTT. MAGISTRATE, SULTANPUR & ORS.

2009 INSC 10267 August 2009Disposed off

Madan Kumar Singh purchased a truck at a public auction to use for his self‑employment. Although he paid the full consideration, the District Magistrate, Sultanpur and other officials delayed handing over the vehicle for six months and, more seriously, withheld the vehicle's registration documents for six years, preven

APPAJI GOWDAversusVOKKALIGARA SANGHA & ORS.

2009 INSC 10277 August 2009Disposed off

A widow executed a will appointing her nephew as executor, who later created a trust (Vokkaligara Sangha) over the landed property. Disputes arose over ownership, leading to land‑reforms proceedings, a suit for declaration by the trust, and a settlement in which the trust limited its claim to a small portion of the lan

S. PALANI VELAYUTHAM & ORS.versusDISTRICT COLLECTOR, TIRUNVELVELI, TAMIL NADU & ORS.

2009 INSC 10287 August 2009Case Partly allowed

The Supreme Court examined an acquisition under the Land Acquisition Act, 1894 where only the life‑interest holders (recorded in revenue records) were served notice, while the vested remaindermen (not recorded) were not. The petitioners argued that the remaindermen were entitled to notice and challenged the acquisition

JYOTI HARSHAD MEHTA & ORS.versusTHE CUSTODIAN & ORS.

2009 INSC 10297 August 2009Appeal(s) allowed

The Supreme Court examined an appeal by the family of the late Harshad Mehta challenging the Special Court's order to sell nine residential flats that had been attached under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The appellants argued that Section 4(1) of the Act, which

METROPOLITAN TRANSPORT CORPORATIONversusV. VENKATESAN

2009 INSC 10327 August 2009Case Partly allowed

The Supreme Court examined whether V. Venkatesan, a former employee of Metropolitan Transport Corporation who was terminated in 1996 and later reinstated in 2004, was entitled to full back wages under Section 33C(2) of the Industrial Disputes Act despite having been enrolled and practicing as an advocate from December

MEENABEN PANKAJKUMAR JOSHI & ORS.versusNEW INDIA ASSURANCE CO. LTD.

2009 INSC 10337 August 2009Case Partly allowed

The widows of Raj Kumar Joshi, a director and proprietor of a clearing and forwarding business, claimed compensation under Section 168 of the Motor Vehicles Act, 1988 after his death in a motor accident. The Motor Accidents Claims Tribunal awarded Rs. 49.25 lakh with interest, which the High Court modified, questioning

RAM KUMAR KASHYAP AND ANR.versusUNION OF INDIA

2009 INSC 10237 August 2009Dismissed

The petitioners, members of the Haryana Public Service Commission, challenged their suspension by the Governor of Haryana under Article 317(2) of the Constitution, arguing that they were denied a show‑cause notice and a hearing, thus violating natural justice. The Court examined the constitutional scheme governing remo

SARJU@ RAMUversusSTATE OF U.P.

2009 INSC 10347 August 2009Appeal(s) allowed

The appellants were arrested after a police patrol, acting on an informer's tip, searched them and seized morphine. The search was conducted by the Station House Officer (SHO) without a gazetted officer present, using consent letters that were allegedly prepared after arrest and without proper authority. The FIR, witne

ACTION COMMITTEE,UN-AIDED PVT. SCHOOLS & ORS.versusDIRECTOR OF EDUCATION DELHI & ORS.

2009 INSC 10247 August 2009Dismissed

The Action Committee of unaided private schools challenged the Director of Education's (DOE) directions that fees and funds must be used strictly according to Rule 177 and that no amount could be transferred to the managing society or trust. The petitions argued that the DOE lacked authority under Section 24(3) of the

SUDHIR SHANTILAL MEHTAversusC.B.I.

2009 INSC 10357 August 2009Disposed off

The case concerned the discounting and rediscounting of two bills of exchange by UCO Bank, allegedly to provide funds to stock‑broker Harshad Mehta for securities transactions. The Supreme Court examined whether the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 had jurisdiction over

MANI BENversusSTATE OF GUJARAT

2009 INSC 10367 August 2009Case Partly allowed

The appellant, a mother‑in‑law, threw a burning wick onto her daughter‑in‑law who was wearing terylene clothing, causing severe burns. The victim was hospitalized with about 60% burns and died after eight days due to septicemia, a complication of the injuries. The trial court convicted the appellant under Section 304 P

R. VENKATAKRISHNANversusCENTRAL BUREAU OF INVESTIGATION

2009 INSC 10377 August 2009Disposed off

The case concerned a massive "call money" scam in which Rs 40 crore of National Housing Bank funds were diverted to broker Harshad Mehta’s account through officials of UCO Bank and NHB. The appellants – senior officials of UCO Bank and NHB – were convicted by a Special Court under the Special Court (Trial of Offences R

BHAVESH JAYANTI LAKHANIversusSTATE OF MAHARASHTRA & ORS.

2009 INSC 10387 August 2009Appeal(s) allowed

The appellant, an Indian citizen, married a US citizen and had a daughter. A US probate court granted temporary custody of the child to the mother, but the appellant allegedly forged documents and took the child to India, violating the custody order. The US court issued arrest warrants which were transmitted to India v

MALAY KUMAR GANGULYversusDR. SUKUMAR MUKHERJEE AND OTHERS

2009 INSC 10257 August 2009Disposed off

The case concerned the death of Anuradha Saha, who was treated for Toxic Epidermal Necrolysis (TEN) by several doctors in Kolkata and Mumbai. The complainant alleged that the doctors prescribed excessive doses of the steroid Depomedrol and failed to provide essential supportive care, constituting criminal negligence un

MIR NAGVI ASKARIversusC. B. I.

2009 INSC 10307 August 2009Disposed off

The Supreme Court examined the conduct of four bank officers (Accused 1, 2, 4 and 5) and a securities broker (Accused 3) who were alleged to have credited large sums to the broker's account without the corresponding bankers' cheques being in the bank’s possession, thereby causing loss to the bank. The Court held that a

SUNITA RANI & ORS.versusSRI CHAND & ORS

2009 INSC 10317 August 2009Case Partly allowed

The landlord filed eviction suits against tenants occupying a go‑down, a shop and a kothari. The lower authority dismissed all three suits; on appeal the go‑down was ordered to be evicted while the shop and kothari were retained by the tenants. The landlord then filed writ petitions in the Allahabad High Court challeng

MALLAPPA SIDDAPPA ALAKANUR & ORS.versusSTATE OF KARNATAKA

2009 INSC 8707 July 2009Dismissed

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

K. RAMACHANDRANversusV.N. RAJAN & ANR.

2009 INSC 8717 July 2009Appeal(s) allowed

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

STATE OF U.P.versusSAHRUNISSA & ANR.

2009 INSC 8727 July 2009Dismissed

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

RAJINDER @ RAJUversusSTATE OF H.P.

2009 INSC 8737 July 2009Dismissed

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

DALIP KAUR & ORS.versusJAGNAR SINGH & ANR.

2009 INSC 8747 July 2009Appeal(s) allowed

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

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