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Judgments of 2009

1317 judgments · newest first · showing 801–1000

STATE OF M.P.versusCHUNNILAL @ CHUNNI SINGH

2009 INSC 510Case Partly allowed

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

STATE OF KERALAversusANILACHANDRAN @ MADHU AND ORS.

2009 INSC 497Dismissed

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

THE STATE OF ANDHRA PRADESHversusVANGAVEETI NAGAIAH

2009 INSC 498Appeal(s) allowed

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

BABAN BANDU PATILversusSTATE OF MAHARASHTRA

2009 INSC 499Case Partly allowed

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

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

2009 INSC 512Dismissed

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

AVINASH DHAVAJI NAIKversusSTATE OF MAHARASHTRA

2009 INSC 513Case Partly allowed

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

RADHEY SHYAM & ANOTHERversusCHHABI NATH & OTHERS

2009 INSC 514Matter referred to larger bench

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

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

2009 INSC 500Case Partly allowed

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

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

2009 INSC 515Dismissed

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

BIHAR STATE ELECTRICITY BOARDversusM/S PULAK ENTERPRISES & ORS.

2009 INSC 516Disposed off

The Bihar State Electricity Board (BSEB) levied a fuel surcharge on high‑tension consumers under its 1993 tariff notification, using a formula in clause 16.10.3. Consumers challenged the calculation, arguing that the Board improperly included purchases from Tenughat Vidyut Nigam Ltd (TVNL) and …

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

2009 INSC 517Case Partly allowed

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

OM PRAKASH SINGHversusM. LINGAMAIAH & ORS.

2009 INSC 518Dismissed

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

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

2009 INSC 519Dismissed

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

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

2009 INSC 520Appeal(s) allowed

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

STATE OF ORISSAversusPRAMOD KR. KODAMSINGH & ORS.

2009 INSC 521Appeal(s) allowed

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

NAVANATH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 523Appeal(s) allowed

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

STATE OF JHARKHAND & ORS.versusSHIV KARAMPAL SAHU

2009 INSC 522Appeal(s) allowed

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

STATE OF A.P.versusP. KHAJA HUSSAIN

2009 INSC 524Dismissed

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

KERALA AGRICULTURAL UNIVERSITYversusB.K. JAYACHANDRAN ETC.

2009 INSC 525Dismissed

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

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

2009 INSC 526Appeal(s) allowed

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

ANIRUDH AGGARWALversusDHARAM BIR BHATIA

2009 INSC 527Disposed off

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

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

2009 INSC 530Dismissed

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

STATE OF UTTARANCHALversusALOK SHARMA & ORS.

2009 INSC 502Appeal(s) allowed

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

SETH RAMDAYAL JATversusLAXMI PRASAD

2009 INSC 511Dismissed

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

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

2009 INSC 528Disposed off

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

MAHTAB SINGH & ANR.versusSTATE OF U.P.

2009 INSC 482Appeal(s) allowed

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

MOHAMMAD RAOFUDDINversusTHE LAND ACQUISITION OFFICER

2009 INSC 487Dismissed

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

COMMISSIONER OF CENTRAL EXCISE, NAGPURversusSHREE BAIDYANATH AYURVED BHAWAN LTD.

2009 INSC 488Disposed off

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

AVINASH MEHROTRAversusUNION OF INDIA & ORS.

2009 INSC 489Disposed off

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

M/S CSANGO & ORS.versusUNION BANK OF INDIA

2009 INSC 490Disposed off

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

SARVA SHRAMIK SANGHversusINDIAN OIL CORPORATION LTD. & ORS.

2009 INSC 486Appeal(s) allowed

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

NEW INDIA ASSURANCE COMPANY LIMITEDversusPRADEEP KUMAR

2009 INSC 472Dismissed

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 …

AKHTAR & ORS.versusSTATE OF UTTARANCHAL

2009 INSC 471Dismissed

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 …

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

2009 INSC 473Disposed 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 …

SUCHAND BOURIversusSTATE OF WEST BENGAL

2009 INSC 474Dismissed

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 …

POSURAM DESHMUKHversusSTATE OF CHHATTISGARH

2009 INSC 475Appeal(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 …

PTC INDIA LTD.versusGAJENDRA HALDEA AND ORS.

2009 INSC 476Appeal(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 …

CENTRAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA AND ORS.

2009 INSC 477Appeal(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, …

WEST BENGAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA & ORS.

2009 INSC 478Appeal(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 …

CESC LTD.versusGAJENDRA HALDEA AND ORS.

2009 INSC 479Appeal(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 …

WEST BENGAL STATE ELECTRICITY BOARDversusGAJENDRA HALDEA AND ORS.

2009 INSC 480Appeal(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 …

STATE OF ORISSAversusPRASANNA KUMAR MOHANTY

2009 INSC 481Disposed 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 …

BSNL & ORS.versusABHISHEK SHUKLA & ANR.

2009 INSC 459Dismissed

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 …

RUMI DHARversusSTATE OF WEST BENGAL & ANR.

2009 INSC 460Dismissed

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 …

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

2009 INSC 461Appeal(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 …

SATYAPALversusSTATE OF HARYANA

2009 INSC 462Dismissed

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 …

RAJENDRA & ANR.versusSTATE OF U.P.

2009 INSC 458Dismissed

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 …

KUSUM DEVIversusMOHAN LAL (DEAD) BY LRS

2009 INSC 463Appeal(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 …

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

2009 INSC 464Disposed 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 …

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

2009 INSC 465Dismissed

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 …

LAKSHMI & ANR.versusCHINNAMMAL @ RAYYAMMAL & ORS.

2009 INSC 466Appeal(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 …

KATARI SURYANARAYANA & ORS.versusKOPPISETTI SUBBA RAO & ORS.

2009 INSC 467Dismissed

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 …

ANDHRA PRADESH SERVICE COMMISSIONversusBALOJI BADHAVATH & ORS.

2009 INSC 468Appeal(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 …

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

2009 INSC 469Dismissed

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 …

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

2009 INSC 470Dismissed

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 …

STATE OF MADHYA PRADESHversusRAMESHWAR & ORS.

2009 INSC 456Disposed off

The State of Madhya Pradesh prosecuted directors of Indore Premier Co-operative Bank for allegedly sanctioning loans without proper verification, invoking Sections 409, 418, 420, 120‑B IPC and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The Trial Court framed charges, …

KISHORSINH RATANSINH JADEJAversusMARUTI CORP. & ORS.

2009 INSC 457Disposed off

The appellants, owners of agricultural land, entered into an agreement in 1980 for a cooperative housing project that later failed, leading the respondent Maruti Corp. to sue for specific performance in 1999. While the Gujarat High Court admitted the appeal and initially ordered that any dealing …

RAMA CHAUDHARYversusSTATE OF BIHAR

2009 INSC 454Dismissed

The appellant was convicted under sections of the IPC and the Arms Act, and during the trial the police submitted a supplementary charge‑sheet with eight new witnesses. The prosecution sought to summon these witnesses under Section 231 of the Cr.P.C., invoking the right to conduct "further …

MARIRUDRAIAH & ORS.versusB. SAROJAMMA & ORS.

2009 INSC 452Case Partly allowed

The case arose from a partition suit where a preliminary decree was passed and an appeal was filed. During the pendency of the appeal, respondents 8 and 9 purchased one of the suit items (item No. 9) and were impleaded as respondents in the appeal. The parties later executed a compromise agreeing to …

M/S. JOY AUTO WORKS & ORSversusSUMER BUILDERS (P) LTD. & ANR.

2009 INSC 455Appeal(s) allowed

The appellants, owners of Plot No.878 and a portion of Plot No.879 in Mumbai, relied on a motorable access through Plot No.879 to reach their land, as no other road existed. After the respondent acquired the remaining part of Plot No.879, it obstructed this access, prompting the appellants to seek a …

ORIENTAL INSURANCE CO. LTD.versusPORSELVI & ANR

2009 INSC 453Appeal(s) allowed

The appellant Oriental Insurance Co. Ltd. challenged a Madras High Court order that held it liable to pay compensation for a motor accident that occurred on 28 May 1996. The insurance policy was issued on the same day but expressly stated that its coverage would be effective from 29 May 1996 to 28 …

RAZAK JINNESAB KARAJAGI & ORS.versusSTATE OF KARNATAKA

2009 INSC 446Case Partly allowed

The case involved four accused (A‑1 to A‑4) charged with murder under Section 302 read with Section 34 of the IPC, along with offences under Sections 201/34 and 506 IPC. The prosecution relied on a motive stemming from a land dispute, the testimony of two eye‑witnesses (PW‑1 and PW‑2) who were …

VIKRAM GREENTECH (I) LTD. & ANR.versusNEW INDIA ASSURANCE CO. LTD.

2009 INSC 447Dismissed

Vikram Greentech (I) Ltd. and others took a comprehensive floriculture insurance policy covering six poly‑houses. Severe storms damaged seven poly‑houses, including three (7, 8A, 8B) that were constructed after the policy was issued. The insurer refused to pay for the latter, leading the claimants …

SATISH KUMAR BATRA & ORS.versusSTATE OF HARYANA

2009 INSC 448Disposed off

The wife, Santosh Kumari, alleged that her husband Satish Kumar Batra and his relatives subjected her to dowry demands and cruelty, leading to physical assaults and attempts to force her to commit suicide. An FIR was filed under Sections 498A and 406 IPC, and the trial court convicted all accused, …

STATE OF RAJASTHANversusCHAMPA LAL

2009 INSC 449Appeal(s) allowed

The appellant State of Rajasthan prosecuted Champar Lal for murder under Section 302 IPC, relying primarily on the victim's dying declaration recorded by a police officer in the presence of a doctor. The trial court convicted based on that declaration, but the Rajasthan High Court acquitted, holding …

M/S. DLF POWER LIMITEDversusCENTRAL COALFIELDS LTD. & ANR

2009 INSC 450Disposed off

The Supreme Court heard two interrelated civil appeals filed by Central Coalfields Ltd (CCL) and DLF Power Ltd challenging a tariff determination made by the Appellate Tribunal for Electricity. The Tribunal had relied on a report prepared by Ernst & Young’s Cost Accounts Wing, which calculated the …

AHMMADSAHAB ABDUL MULLA (DEAD) BY PROPOSED LRS.versusBIBIJAN AND ORS.

2009 INSC 445Reference answered

The Supreme Court was asked to interpret whether the word "date" in Article 54 of the Schedule to the Limitation Act, 1963 denotes a specific calendar date. The Court examined the meanings of "date" and "fixed" and held that "date fixed for the performance" is a crystallized notion indicating a …

STATE OF KERALAversusSURESH @ SUBHASH & ORS.

2009 INSC 444Dismissed

The State of Kerala appealed the acquittal of five accused who were charged under Sections 143, 147, 148, 109, 449 and 302 read with Section 149 of the Indian Penal Code. The trial court and the Kerala High Court had acquitted them on the basis that the FIR reached the magistrate after an …

ALL INDIA ANNA DRAVIDA MUNNETRA KAZHAGAMversusL.K. TRIPATHI AND OTHERS

2009 INSC 451Dismissed

The Supreme Court examined contempt petitions filed by the All India Anna Dravida Munnetra Kazhagam (AIADMK) alleging that senior Tamil Nadu officials (respondents 1‑5) willfully disobeyed a Court order restraining political parties from calling a bandh on 1 October 2007, and that Union Minister …

SANJAY DUTTversusSTATE OF MAHARASHTRA TR. CBI, BOMBAY

2009 INSC 425Dismissed

The petitioner, a well‑known cine artist, was convicted by a Special Judge under Sections 3 and 7 read with Sections 25(1A) and 25(1B) of the Arms Act and sentenced to six years’ rigorous imprisonment. While his appeal against the conviction was pending before the Supreme Court, he sought bail and …

ONKAR LALversusSTATE OF MADHYA PRADESH

2009 INSC 426Dismissed

Onkar Lal, the uncle of the deceased Ramchandra Patidar, was charged with murder under Section 302 IPC for stabbing the victim with a sword during a card game on a moonlit night. The FIR was lodged within an hour of the incident by a person with no animosity towards the accused, and the weapon was …

U.O.I.versusBAL MUKUND & ORS.

2009 INSC 427Dismissed

The case concerned the conviction of Bal Mukund, Basanti Lal and a third accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 based primarily on confessional statements recorded after a raid conducted on secret information. The Supreme Court held that the police failed to comply …

PAPPU @ HARI OMversusSTATE OF MADHYA PRADESH

2009 INSC 429Disposed off

On Diwali night the deceased Ramesh was playing cards when appellant Pappu @ Hari Om and co-accused Bal Kishan arrived, quarrelled and later the appellant fired a 12‑bore gun, striking the deceased on the right shoulder/chest. The victim died in hospital. The trial court convicted the appellant …

BALKAR SINGHversusSTATE OF UTIARAKHAND

2009 INSC 433Case Partly allowed

Balkar Singh was convicted by the trial court and affirmed by the High Court for the murder of two persons and attempted murder of a third under Section 302 and 307 IPC, based on the testimony of an injured witness and two eye‑witnesses. The appellant contended that the facts did not satisfy the …

BHASKAR RAMAPPA MADAR AND ORS.versusSTATE OF KARNATAKA

2009 INSC 434Appeal(s) allowed

The appellants, the husband and in‑laws of a married woman who committed suicide, were charged under Sections 306 and 498A IPC for alleged dowry harassment. The trial court acquitted them, holding that the complainant‑investigating officer’s involvement did not taint the prosecution and that the …

HANUMANTAPPA BHIMAPPA DALAVAI & ANRversusSTATE OF KARNATAKA

2009 INSC 435Dismissed

The appellants, Hanumanthappa Bhimappa Dalavai and another, were convicted for murder and grievous hurt after a violent altercation in which they used a crow‑bar, stick and iron rod, resulting in two deaths. They appealed, claiming the right of private defence under Sections 96, 97 and 100 of the …

PRADEEP KUMARversusSTATE OF HARYANA

2009 INSC 436Case Partly allowed

The appellant, Pardeep Kumar, was convicted of dowry harassment (s.498A IPC), dowry death (s.3048 IPC) and murder (s.302 IPC) after his wife died from burns allegedly caused by a gas cylinder. The trial and High Courts upheld all three convictions, sentencing him to life imprisonment for murder and …

KRISHNA GHOSHversusSTATE OF WEST BENGAL

2009 INSC 437Dismissed

Krishna Ghosh was convicted under Sections 498‑A (cruelty) and 302 read with Section 34 of the Indian Penal Code for the murder of his wife Yogmaya, who was found dead in their matrimonial home within one year and four months of marriage. The prosecution relied on circumstantial evidence: multiple …

SADHU SINGHversusSTATE OF PUNJAB

2009 INSC 438Case Partly allowed

The case involved Sadhu Singh and two accomplices who were convicted for the murder of Jagdev Singh after Sadhu Singh fired a shot while confronting the deceased on a tractor. The accused claimed the shooting was in exercise of the right of private defence under Sections 96‑106 of the IPC. The …

CHAMAN LAL & ORS.versusSTATE OF PUNJAB & ANR.

2009 INSC 431Dismissed

The appellants purchased a plot of land through a General Power of Attorney (GPA) that was later cancelled, but the GPA holder concealed this and executed sale deeds in their favour. The complainant filed a suit and later a criminal complaint alleging conspiracy, cheating and criminal breach of …

PHOOL PATTI AND ANRversusRAM SINGH (DEAD) THROUGH LRS. & ANR.

2009 INSC 439Matter referred to larger bench

The daughters of Bhagwana (appellants) challenged a consent decree dated 24‑Nov‑1980 in a suit alleging collusion. The trial court set aside the decree, but the first appellate court reversed, holding the decree was not collusive, a finding of fact. The High Court affirmed that view and dismissed …

RAGHUVIR SINGH MATOLYA & ORS.versusHARI SINGH MALVIYA & ORS

2009 INSC 441Appeal(s) allowed

The appellant, a relative of the deceased Puspa Matolya, challenged the compensation awarded under Section 166 of the Motor Vehicles Act, 1988, arguing that the Tribunal and the High Court had failed to include the dearness allowance and house rent allowance in the deceased's income for computing …

SMT. SHASHI JAINversusTARSEM LAL (DEAD) & ANR.

2009 INSC 443Appeal(s) allowed

Shashi Jain, the landlady, filed an eviction application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, claiming she needed the premises for her own and her aged mother's personal use and that the tenant, Tarsem Lal, had sub‑let part of the premises to Rakesh Kumar without her …

STATE OF UTTAR PRADESHversusSHYAM BEHARI & ANR.

2009 INSC 432Dismissed

The State of Uttar Pradesh appealed the acquittal of Shyam Behari and another accused who had been convicted by a trial court under IPC sections 302/34 and 201/34 on the basis of circumstantial evidence. The High Court set aside the conviction, holding that the evidence regarding the accused being …

STATE OF RAJASTHANversusRATAN LAL

2009 INSC 428Appeal(s) allowed

The accused, Ratan Lal, was found in possession of a bag containing a large quantity of opium. The trial court acquitted him on the ground that the mandatory requirements of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not complied with, and the High Court refused the …

STATE OF U.P.versusRAMA KANT & ORS.

2009 INSC 430Dismissed

The incident occurred on 23 October 1979, where the State alleged that the accused committed murder and related offences under Sections 302, 149, 323, 148 and 147 of the Indian Penal Code. The trial court convicted the accused, but the Allahabad High Court acquitted them, citing several doubts about …

NAIR SERVICE SOCIETYversusDR. T. BEERMASTHAN & ORS.

2009 INSC 424Appeal(s) allowed

The Supreme Court examined the Kerala State & Subordinate Services Rules, 1958 (Rules 14‑17) to determine how reservation should be applied in appointments of Medical Officers (ISM). The Kerala High Court had read a proviso into Rule 14(a), treating the unit of appointment as the total number of …

COMMISSIONER OF CUSTOMS & CENTRAL EXCISEversusM/S. HONGO INDIA (P) LTD. & ANR.

2009 INSC 414Dismissed

The Commissioner of Customs & Central Excise filed a reference application under Section 35H(1) of the unamended Central Excise Act, 1944, seeking the High Court’s direction to refer a question of law to the Appellate Tribunal, but the application was filed after the statutory period of 180 days. …

GOPALversusSTATE OF M.P.

2009 INSC 418Appeal(s) allowed

Gopal (A‑1) and Amal Singh (A‑2) were convicted for the murder of Saraswati Bai under IPC 302 read with Section 34. The prosecution’s case rested on two dying declarations: the first recorded by ASI Bairam (PW‑8) and a later one recorded by Executive Officer R.K. Dimole (PW‑9). The Supreme Court …

STATE OF ORISSA & ANR.versusBILASH CHANDRA OJHA

2009 INSC 419Appeal(s) allowed

Bilash Chandra Ojha, a compositor engaged on a casual basis by a printing press of the Orissa Government's Agricultural Department, was terminated in October 1981. He claimed the termination was illegal under Section 25F of the Industrial Disputes Act, 1947, asserting that he had worked more than …

KRISHNA KUMAR SHARMAversusRAJESH KUMAR SHARMA

2009 INSC 420Case Partly allowed

The dispute arose between step‑brothers over the validity of a registered will and the right to obtain probate or letters of administration under the Indian Succession Act, 1925. The respondent claimed the will was valid, while the appellant sought probate. The central legal question was whether …

RAVI GUPTAversusCOMMISSIONER SALES TAX, DELHI AND ANR.

2009 INSC 416Disposed off

Ravi Gupta, a dealer registered under the Delhi Sales Tax Act, 1975 and the Central Sales Tax Act, 1956, faced a tax demand of about Rs.8.3 crore for failing to furnish mandatory declaration forms. He appealed before the Appellate Tribunal (VAT Delhi) and sought relief under Section 43(5) of the …

BANK OF INDIA & ANR.versusK. MOHANDAS & ORS.

2009 INSC 417Dismissed

The Supreme Court considered whether employees of several public sector banks who had completed twenty years of service and retired under the Voluntary Retirement Scheme 2000 (VRS 2000) were entitled to the five‑year notional service addition provided by Regulation 29(5) of the Pension Regulations, …

KALIBEN RABARIversusSTATE OF GUJARAT & ORS.

2009 INSC 421Disposed off

Kaliben Rabari was convicted under IPC Section 304 (Part I) and sentenced to ten years' imprisonment, with a compensation award of Rs.5 lakh under Sec.357 of the CrPC. The Gujarat High Court altered the conviction to Section 304 (Part II), reduced the imprisonment to two and a half years, and also …

POOJA BATRAversusUNION OF INDIA & ORS.

2009 INSC 422Appeal(s) allowed

The appellant, Pooja Batra, filed a writ petition seeking the release of her husband, Deepak Kumar (Deepak Batra), who had been detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Detaining Authority based the detention on …

K.A. NAGAMANIversusINDIAN AIRLINES & ORS.

2009 INSC 423Dismissed

K.A. Nagamani, a former programmer and Assistant Manager (Systems) with Indian Airlines, challenged the promotion of three colleagues to Deputy Manager (Maintenance/Systems) and the merger of hardware and software cadres, arguing that the Recruitment and Promotion Rules were statutory and could not …

NEW INDIA ASSURANCE CO. LTD.versusSATBIR AND ORS.

2009 INSC 415Dismissed

The case arose from a motor accident in which the driver of a Tata 407 vehicle, Rajesh, died. The Motor Accident Claims Tribunal awarded Rs.1,50,000 compensation, holding that both the vehicle and a bus driver were contributory negligent and that the liability of the insurer, New India Assurance …

SUNDER KUKREJA & ORS.versusMOHAN LAL KUKREJA & ANR.

2009 INSC 411Appeal(s) allowed

The brothers Sunder Kukreja and Mohan Lal Kukreja, partners in a firm, disputed the validity of a retirement deed that one brother claimed dissolved the partnership. The appellant filed a petition under Section 20 of the Arbitration Act, 1940 seeking appointment of an arbitrator under the …

M.K BALAKRISHNAN & OTHERSversusUNION OF INDIA & OTHERS

2009 INSC 412Hearing Adjourned

The Supreme Court entertained a writ petition under Article 32 concerning the protection of wetlands and the acute water shortage in India. The petitioners highlighted that ponds, tanks, and other water‑conservation bodies have been illegally filled and built upon, exacerbating the crisis. Relying …

ST ATE OF HARYANAversusBALKAR SINGH & ORS.

2009 INSC 409Dismissed

On 9 February 1993 a dispute over deepening a drain led to a physical altercation in which accused Balkar Singh, Chuhar Singh and Surinder Singh allegedly struck Sher Singh, who later died, and injured Shamsher Singh, who survived as an eyewitness. The three were charged under Sections 302, 323 read …

CHAIRMAN, D.A., RANI LAKSHMI BAI K.G.BANKversusJAGDISH SHARAN VARSHNEY AND ORS.

2009 INSC 413Case Partly allowed

Jagdish Sharan Varshney, an employee of Rani Lakshmibai Kshetriya Gramin Bank, was charge‑sheeted and disciplined by fixing his pay scale under Regulation 38(1) (Kha‑11) of the Officers and Employees Service Rules, 2000. He appealed to the Board of Directors, which dismissed the appeal on 4 …

STATE OF PUNJABversusRAM PAL

2009 INSC 410Appeal(s) allowed

The appellant State of Punjab appealed the Punjab and Haryana High Court's acquittal of Ram Pal, who had been convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court had set aside the conviction on the ground that conscious possession of the narcotic …

CHUNDURU SIVA RAM KRISHNA AND ANR.versusPEDDI RAVINDRA BABU AND ANR.

2009 INSC 403Appeal(s) allowed

The Supreme Court examined a petition under Section 482 of the CrPC filed by several family members of a rice‑mill proprietor who were charged under IPC sections 406, 420 and 424 r/w 34 for allegedly cheating paddy suppliers. The High Court had rejected the petition, holding that a prima facie case …

STATE OF PUNJAB & ORS.versusPARAMJIT KAUR & ORS.

2009 INSC 404Disposed off

The petitioners filed a writ of habeas corpus alleging that the husband of one petitioner had disappeared while in police custody. The Punjab & Haryana High Court directed the State to pay Rs.1,50,000 as compensation, attributing the disappearance to police remissness. The State and the police …

RAJESH PANDEYversusSTATE OF U.P.

2009 INSC 405Case Partly allowed

The appellant Rajesh Pandey's wife died from burns five years after their marriage. The prosecution alleged that Pandey, his parents and sister harassed the wife for dowry and burned her to death by pouring keroselle. The trial court convicted all accused under IPC sections 3048 and 498A and under …

U.P.S.R.TC.versusJAGDISH PRASAD GUPTA

2009 INSC 406Disposed off

The appellant, Uttar Pradesh State Road Transport Corporation, challenged the Allahabad High Court's summary dismissal of its writ petition against a Labour Court order reinstating a workman with 50% back wages. The High Court had issued notice, received a reply, and then dismissed the petition …

M/S. PRAGATI SILICONS (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PANCHKULA

2009 INSC 407Disposed off

M/s Pragati Silicons (P) Ltd. manufactures plastic nameplates, emblems and logos used on motor vehicles and claimed that these items should be classified under heading 87.08/87.14 as parts and accessories of motor vehicles, thereby qualifying for exemption under notification 15/94 as amended. The …

COMMISSIONER OF INCOME-TAX, NEW DELHIversusM/S ELI LILLY & COMPANY (INDIA) PVT. LTD.

2009 INSC 408Case Partly allowed

The Supreme Court examined whether the tax‑deduction‑at‑source (TDS) provisions in Chapter XVII‑B of the Income‑Tax Act are independent of the charging provisions that determine the assessability of salary income. It held that the TDS provisions are part of an integrated code and must be read with …

M.D. SONALIKA INTERNATIONAL TRACTOR LTD.versusDINESH SHARMA & ORS.

2009 INSC 392Appeal(s) allowed

The plaintiff purchased a tractor from a dealer, alleging that the dealer misrepresented the engine's horsepower. After a consumer forum dismissed his complaint, he filed a criminal complaint under IPC sections 1208, 420 and 468 against both the dealer and the tractor manufacturer. The magistrate …

INDIAN BANKSversusGODHARA NAGRIK COOP CREDIT SOCIETY LTD. & ANR. ETC. ETC.

2009 INSC 394Appeal(s) allowed

The Supreme Court was asked to clarify certain directions given in its 16 May 2008 judgment concerning the Indian Bank scam involving cooperative societies' fixed deposits (FDRs). The Court observed that, unlike the Bank of Baroda case, there was no Central Bureau of Investigation (CBI) probe in the …

M/S. UNITED INDIA INSURANCE CO. LTD.versusSUKH DEO YADAV

2009 INSC 395Disposed off

The insurer, United India Insurance Co., denied a claim for damage to a Jeep that met with a fatal accident on 9 June 2004, alleging fraud because the driver, Amitabh Singh (alias Munna Singh), did not possess a valid driving licence. The vehicle’s owner, Sukhdeo Yadav, contended that the actual …

ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.

2009 INSC 396Appeal(s) allowed

The case involved Oriental Insurance Co. Ltd., which appealed a decision of the Jharkhand High Court that dismissed its claim under the Motor Vehicles Act, 1988. The High Court had held that the insurer had not obtained leave to contest the claim under section 170 after the vehicle owner failed to …

NIRBHAI KUMARversusMAYA DEVI & ORS.

2009 INSC 393Appeal(s) allowed

The appeal concerned the interpretation of the proviso to Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The appellant, Nirbhai Kumar, argued that the three‑year bar on eviction of a sitting tenant after a change of ownership and the …

U.P. JAL NIGAM, LUCKNOWversusMANJU GOEL & ORS.

2009 INSC 397Disposed off

The Motor Accident Claims Tribunal awarded Rs.9,18,288 to victims of a 1979 accident, directing Uttar Pradesh Jal Nigam (UPJ) to pay. UPJ appealed to the Allahabad High Court, but after the reorganization of Uttar Pradesh, the appeal was transferred to the newly created Uttarakhand High Court. …

MS. INS. MALHOTRAversusDR. A. KRIPLANI & ORS.

2009 INSC 398Dismissed

The appellant, sister of the deceased Priya Malhotra, alleged that doctors and Bombay Hospital were negligent, leading to Priya's death from peritonitis and renal failure. The National Consumer Disputes Redressal Commission dismissed the complaint for lack of proof of negligence, a decision the …

WOODS BEACH HOTELS LTD.versusMAPUSA URBAN CO-OPERATIVE BANK OF GOA LTD. & ORS.

2009 INSC 399Disposed off

The Bank of Goa extended a loan to a firm of its director and secured it by mortgaging the appellant’s property “Soranto”. After obtaining an award, the bank executed attachment and later purchased the property itself, subsequently conducting an auction in which Softitel Hospitality & Management …

NATIONAL AVIATION COMPANY OF INDIA LTD.versusS.M.K. KHAN

2009 INSC 400Appeal(s) allowed

The respondent, S.M.K. Khan, a security assistant with Indian Airlines, was reviewed under Regulation 12 of the Indian Airlines Employees Service Regulations upon reaching the age of 55. The competent authority found his performance unsatisfactory and issued a notice of compulsory retirement, later …

FOOD CORPORATION OF INDIAversusSUKH DEO PRASAD

2009 INSC 401Appeal(s) allowed

The Food Corporation of India (FCI) was ordered by a trial court to deposit rent payments for a godown it leased from borrowers into the bank’s loan account, an order that the bank sought as an interim direction. The bank later filed a contempt application under Order 39 Rule 2A of the CPC, alleging …

ISOLUX- SOMA -OMAXE CONSORTIUMversusM/S. MADHUCON PROJECTS PVT. LTD. & ORS.

2009 INSC 402Disposed off

The dispute concerned a tender by the National Highways Authority of India (NHAI) for the design, construction and operation of a highway section under a Build‑Operate‑Transfer model. Out of 19 bidders, six were initially short‑listed as per clause 3.5.2 of the tender documents, which allowed up to …

HARIversusSTATE OF MAHARASHTRA

2009 INSC 385Dismissed

Hari, the appellant, was convicted under Section 302 IPC for murdering his cousin Khemsingh and sentenced to life imprisonment, with a co‑accused also convicted under Section 324. The appellant challenged the conviction on three grounds: a delay of a few hours in lodging the FIR, the prosecution’s …

LAL KAMLENDRA PRATAP SINGHversusSTATE OF U.P.& ORS.

2009 INSC 386Dismissed

The petitioner filed a writ petition under Articles 226 and 136 of the Constitution seeking quashing of an FIR (Crimes No.1133/2007) alleging offences under Sections 467, 468, 471, 420, 409 and 218 of the IPC. The High Court refused to quash the FIR but directed that bail would be considered if the …

VIMAL CHAND GHEVARCHAND JAIN & ORS.versusRAMAKANT EKNATH JAJOO

2009 INSC 387Appeal(s) allowed

The appellant partnership firm claimed title to four godowns in Nasik based on a registered deed of sale executed in 1974 by the respondent's father. The respondent occupied the property as a licencee and later contested the deed, alleging it was a security for a Rs.50,000 loan. The trial court …

BELLACHI (DEAD) BY LRversusPAKEERAN

2009 INSC 388Dismissed

Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and …

URMILA ROY & ORS.versusM/S.BENGAL PEERLESS HOUSING DEVELOPMENT COMPANY LTD. & ORS.

2009 INSC 389Dismissed

The appellants, who owned land intended for an international school and other projects, challenged the State's acquisition of their land for a housing scheme that was to be executed by a private joint‑sector company, Bengal Peerless. The High Court initially set aside the acquisition, but a Division …

ABDULWAHAB ABDULMAJID BALOCHversusSTATE OF GUJARAT

2009 INSC 384Appeal(s) allowed

The appellant was part of a group that abducted Bhagvandas Sindhi and attempted to extort money; when the victim resisted, the appellant allegedly fired a revolver at him, causing a fatal head wound. The weapon and a bullet were later recovered, and a ballistic expert testified that the bullet was …

VISHWANATH BAPURAO SABALEversusSHALINIBAI NAGAPPA SABALE & ORS.

2009 INSC 390Dismissed

The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs …

JAISHREE ANANT KHANDEKARversusSTATE OF MAHARASHTRA

2009 INSC 391Dismissed

The victim Aruna suffered severe burns after the appellant Jaishree allegedly poured kerosene on her and set her alight; Aruna died fifteen days later. During her dying period she gave five dying declarations, which were recorded by medical staff and police. The trial court convicted Jaishree of …

LEILA DAVIDversusSTATE OF MAHARASHTRA & ORS.

2009 INSC 373Matter referred to larger bench

During the hearing of a writ petition, four individuals shouted abusive language, threatened judges and one even threw a chappal at the bench in the presence of the Solicitor General and senior counsel. Justice Pasayat ordered their immediate detention and three months' simple imprisonment for …

NATURE LOVERS MOVEMENTversusSTATE OF KERALA AND OTHERS

2009 INSC 371Disposed off

The Nature Lovers Movement challenged the Kerala government's regularisation of forest land occupied by unauthorised settlers, arguing that Section 2 of the Forest (Conservation) Act, 1980 is not prospective and that the state could assign forest land without Central Government approval. The Supreme …

M.P. HOUSING BOARDversusPROGRESSIVE WRITERS & PUBLISHERS

2009 INSC 375Dismissed

The M.P. Housing Board and Progressive Writers & Publishers entered into three successive agreements concerning the construction and ownership of a press complex. The third agreement of 31 May 1980 required full payment by 31 October 1980, failing which it would be cancelled. The Board alleged the …

M/S. CENTURY TEXTILES INDUSTRIES LTD.versusDEEPAK JAIN & ANR.

2009 INSC 376Appeal(s) allowed

M/s. Century Textiles Industries Ltd. obtained a decree against M/s. Surya Trading Company, Proprietor D.K. Jain. In execution proceedings, Deepak Jain (respondent No.1) objected, claiming he was not the proprietor and thus not liable. The execution court, following a High Court revision order …

STATE BANK OF INDIAversusM/S. B.S. AGRICULTURAL INDUSTRIES (I)

2009 INSC 377Appeal(s) allowed

The complainant, M/s B.S. Agricultural Industries, filed a consumer complaint against State Bank of India on May 5, 1997 alleging deficiency in service for non‑receipt of a demand draft and related documents. The cause of action arose on June 7, 1994 when the bank failed to deliver the draft, making …

C. ELUMALAI & ORS.versusA.G.L. IRUDAYARAJ & ANR.

2009 INSC 378Case Allowed

The Supreme Court entertained a contempt petition filed by C. Elumalai & Ors. alleging that the respondents, A.G.L. Irudayaraj & Anr., had willfully violated the Court's order dated 19 March 2007 which directed the Madras High Court to dispose of a suit within six months and refrain from creating …

SHABBIR AHMED SHERKHANversusSTATE OF MAHARASHTRA

2009 INSC 372Dismissed

The appellant, a police officer, received Rs 12,000 as traveling and daily allowance for a dog‑squad team but failed to disburse the amount to the handlers and remained absent from duty without authorized leave. He was convicted under Section 409 of the Indian Penal Code for criminal breach of trust …

NATIONAL INSURANCE CO. LTD.versusSEBASTIAN K. JACOB

2009 INSC 379Appeal(s) allowed

The Motor Accident Claims Tribunal awarded Rs 24,033 with interest to Sebastian K. Jacob against National Insurance Co. Ltd., the insurer of the driver involved in a 1995 accident. National Insurance contended that Jacob had already been compensated Rs 21,700 by Oriental Insurance for the same …

D.D.AversusMAHENDER SINGH & ANR

2009 INSC 380Appeal(s) allowed

The Delhi High Court, exercising jurisdiction under Article 226, directed the acquiring authority to pay statutory interest under Section 34 of the Land Acquisition Act to land owners for compensation awarded. The appellant challenged this direction, contending that the Act is a complete code and …

STATE OF BIHARversusUPENDRA NARAYAN SINGH & OTHERS

2009 INSC 382Appeal(s) allowed

The State of Bihar appealed against a High Court order that reinstated several employees appointed on an ad‑hoc basis in the Animal Husbandry Department. The Court examined whether those appointments complied with the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and the …

V SUBRAMANIAMversusRAJESH RAGHUVANDRA RAO

2009 INSC 383Appeal(s) allowed

The appellant, V. Subramaniam, filed a suit for dissolution of an unregistered partnership firm against Rajesh Raghunandra Rao. The defendant argued that the suit was barred by Section 69(2A) of the Indian Partnership Act, 1932, inserted by the Maharashtra Amendment Act of 1984, which restricts …

NEW INDIA ASSURANCE CO. LTD.versusBISMILLAH BAI & OTHERS

2009 INSC 374Appeal(s) allowed

A passenger named Israel died when a Jeep insured by New India Assurance collided with an uninsured truck. The claimants filed a claim under Sections 166 and 140 of the Motor Vehicles Act. The Motor Accident Claims Tribunal found the truck driver negligent and exonerated the Jeep’s insurer because …

JAGADGURU ANNADANISHWARA MAHA SWAMIJIversusV.C. ALLIPUR & ANOTHER

2009 INSC 381Appeal(s) allowed

The appellant, a school, appealed an order of the Director of Pre‑University Education granting promotion to an assistant teacher (respondent No.1). The respondent filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the Director’s …

BINANI ZINC LIMITEDversusKERALA STATE ELECTRICITY BOARD AND OTHERS

2009 INSC 367Reference answered

Binani Zinc Ltd. challenged the Kerala State Electricity Board’s (KSEB) 2002 tariff revision order, arguing that after the Electricity Regulatory Commission Act, 1998 came into force, the Board no longer had authority to set tariffs until a State Electricity Regulatory Commission (KSERC) was …

G.S. IQBALversusK.M. KHADAR & ORS.

2009 INSC 368Dismissed

The petitioner, G.S. Iqbal, challenged the election of K.M. Khader (the returned candidate) to the Lok Sabha on the grounds that the returned candidate was a member of two political parties at the time of filing his nomination, thereby violating Section 100(1)(d)(i) and (iv) of the Representation of …

M/S VEENA CORP.THROUGH RAJAN BABULAL MEHTAversusASHOK ARJANBHAI JOLIA & ORS.

2009 INSC 369Dismissed

The case arose from a dispute under the Slum Rehabilitation Scheme where the developer (M/s Veena Corp.) had obtained the Slum Rehabilitation Authority’s (SRA) sanction for an amended plan to provide a detached structure for a flour mill belonging to respondents No.1 and No.2. The respondents were …

NARASAMMA & ORS.versusSTATE OF KARNATAKA & ORS.

2009 INSC 370Appeal(s) allowed

The appellants claimed occupancy rights over a 6‑acre plot in Bangalore, asserting that they were agricultural tenants on 1 March 1974, the date the Karnataka Land Reforms Act, 1961 was amended to introduce sections 44, 45 and 48A. The land had passed through several owners and the respondent, as …

M/S. GODREJ SARA LEE LTD.versusASSISTANT COMMISSIONER (AA) & ANR.

2009 INSC 361Appeal(s) allowed

M/s Godrej Sara Lee Ltd, a manufacturer of mosquito repellents, was assessed by the Kerala Value Added Tax (KVAT) authorities for the 2005-06 year at a 12.5% rate based on SRO No. 82/2006, which listed mosquito repellents as taxable at that rate. The company challenged the notification, arguing it …

RAMESHWAR DAYAL MANGALA @ RAMESH CHANDversusHARISH CHAND & ANR.

2009 INSC 362

The plaintiff filed a suit for mandatory injunction which was decreed in his favour by the trial court. The decree was appealed first to an Additional District Judge, who allowed the appeal, and subsequently a second appeal was filed under Section 100 of the CPC before the Punjab & Haryana High …

SETHURAMANversusRAJAMANICKAM

2009 INSC 363Appeal(s) allowed

The case arose from a complaint of a dishonoured cheque where the complainant was examined as a witness. The accused filed applications under Sections 91 and 311 of the CrPC seeking the complainant's bank passbooks, income‑tax accounts and LDS deposit receipts and also to recall him for further …

AJOY KUMAR GHOSEversusSTATE OF JHARKHAND & ANR.

2009 INSC 364Disposed off

The Registrar General of Patna High Court lodged a complaint alleging that the accused, including Ajoy Kumar Ghosh, used a forged letter in court. The Chief Judicial Magistrate (CJM) took cognizance, issued summons, and the accused applied for discharge under s.245(2) Cr.P.C., which the trial court …

HONGKONG & SHANGHAI BANKING CORP. LTD.versusGOVERNMENT OF INDIA & ANR.

2009 INSC 365Disposed off

Mrs. Manju Saxena, a staff officer of Hongkong & Shanghai Banking Corp., was terminated after the bank discontinued her post and paid her a severance package of about Rs 8.17 lakh. The Government of India referred the dispute to the Central Government Industrial Tribunal, which issued an interim …

CANARA BANK BY ITS M.D.versusDAMODHAR GOVIND IDOORKAR & ORS.

2009 INSC 366Disposed off

Damodhar Govind Idoorkar, an employee of Canara Bank, was terminated on the allegation that he had obtained a reserved‑category post by submitting a false caste certificate. He challenged the termination through a writ petition; the Karnataka High Court Single Judge set aside the termination, …

KRISHNA RAMversusSTATE OF RAJASTHAN

2009 INSC 356Dismissed

Krishna Ram, a Patwari, was accused of demanding and accepting Rs.500 as a bribe for issuing a favourable land lease report. The complainant, Gurmukh Singh, arranged a trap in which the money was marked with phenolphthalein and handed to the accused, who was later caught with the cash and a …

STATE OF ASSAMversusBARAK UPATYAKA D.U. KARMACHARI SANSTHA

2009 INSC 357Appeal(s) allowed

The State of Assam appealed against a Guwahati High Court order that directed the state to release grant‑in‑aid to the Cachar and Karimganj District Milk Producers' Co‑operative Union Ltd (CAMUL) so that the society could pay salaries to its employees. CAMUL, a cooperative registered under the Assam …

STATE OF H.P. & ANR.versusANJANA DEVI & ORS.

2009 INSC 358Appeal(s) allowed

The appeal concerned two ex‑servicemen who were appointed to general (non‑reserved) technical posts in the Himachal Pradesh State Public Works Department before reservation for ex‑servicemen in technical services came into force on 3 May 1983. They claimed the option to accept a later reserved …

U.T. CHANDIGARH ADMINISTRATION & ANR.versusAMARJEET SINGH & ORS.

2009 INSC 359Disposed off

The Supreme Court examined whether lessees who obtained leasehold rights to sites in Chandigarh through public auction could invoke the Consumer Protection Act, 1986, on the ground that payment of lease premium instalments and ground rent was conditional upon the administration providing basic …

STATE OF HARYANAversusM/S LIBERTY ENTERPRISES

2009 INSC 360Dismissed

M/s Liberty Enterprises, a shoe manufacturer in Haryana, was granted a sales‑tax exemption certificate (Rs 533 lakhs) under Section 138 of the Haryana General Sales Tax Act, 1973 and Rule 28A of the 1975 Rules, effective 15 Mar 1995‑14 Mar 2002. The exemption was used until 31 Dec 1996, after which …

CHIMANBHAI JAGABHAI PATELversusSTATE OF GUJARAT & ANR.

2009 INSC 345Disposed off

The complainant, pregnant from a love affair with accused No.1, was lured to a remote spot where accused No.2 restrained her and accused No.1 forced a poisonous insecticide into her mouth, causing her to faint but she survived. Both were convicted by the trial court and the Gujarat High Court under …

HEERALALversusSTATE OF M.P.

2009 INSC 346Appeal(s) allowed

Heeralal, the husband of Prema Bai, was convicted by the trial court and the Madhya Pradesh High Court for murder under Section 302 IPC. The case hinged on two dying declarations of the deceased: one recorded by a Naib Tehsildar before a doctor, stating she attempted to set herself ablaze, and …

SANTOSHversusSTATE OF U.P.

2009 INSC 347Appeal(s) allowed

The appellant, Santosh, challenged the Allahabad High Court's ex‑parte dismissal of his criminal revision petition (No. 1622 of 1989). The High Court had refused to recall the order, holding that it was decided on merits and therefore could not be recalled. The Supreme Court observed that the …

ARUNversusSTATE OF MAHARASHTRA

2009 INSC 348Dismissed

The appellant Arun, brother of the deceased Sampatrao Gopal Khandekar, was convicted of murder and related offences for killing his brother during a family land dispute. The appellant claimed he acted in private defence, alleging the deceased was the aggressor. The Supreme Court examined the …

UMA NATH PANDEY AND ORS.versusSTATE OF U.P. AND ANR.

2009 INSC 349Appeal(s) allowed

The Allahabad High Court allowed a criminal revision petition filed by respondent No.2 without issuing any notice to the appellants or other parties. The appellants challenged this order, contending that the High Court had breached the principles of natural justice, specifically the audi alteram …

M/S V.G. SARAF AND SONSversusH. RANJITH AND ANR.

2009 INSC 350Appeal(s) allowed

The appellant challenged a Kerala High Court revision order that set aside his conviction under Section 138 of the Negotiable Instruments Act, on the ground that the amount shown in the bill (Rs.1,61,000) was lower than the cheque amount (Rs.1,86,606.95). The appellant contended that the cheque was …

SIYARAM AND ORS.versusSTATE OF M.P

2009 INSC 351Disposed off

The case arose from a land dispute in which the accused, including Siyaram, attacked the complainant Ramniwas, his brother Om Prakash and another person using weapons such as a farsa, sword and lathi, causing serious injuries. The trial court acquitted the accused on the ground of material …

STATE OF KARNATAKAversusMURALIDHAR

2009 INSC 352Appeal(s) allowed

Muralidhar, a bus driver, collided with a tempo on 3 December 1995, causing the death of a 16‑year‑old boy and grievous injuries to a passenger. He was convicted under IPC sections 279 (rash driving), 338 (grievous hurt) and 304‑A (death by negligence) and sentenced by the trial court to rigorous …

NEW INDIA ASSURANCE CO. LTD.versusSATPAL SINGH MUCHAL

2009 INSC 353Appeal(s) allowed

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

KERALA STATE CASHEW DEVELOPMENT CORPORATIONversusSHAHAL HASSAN MUSSALIAR & ANR.

2009 INSC 354Dismissed

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

RAVINDERA SADASHIO KSHIRSAGARversusUNION OF INDIA & ORS.

2009 INSC 355Dismissed

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

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

2009 INSC 344Dismissed

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

RAKESH KUMARversusSTATE OF HARYANA

2009 INSC 335Appeal(s) allowed

Kusum Lata died from severe burns and her husband Rakesh Kumar was convicted under IPC sections 304‑8 and 498‑A based on the testimony of her father and letters allegedly written by the deceased. The prosecution also relied on a dying declaration recorded by an Executive Magistrate, while the police …

STATE OF PUNJABversusGURNAM KAUR AND ORS.

2009 INSC 328Dismissed

The police, during a nakabandi operation, apprehended a driver who disclosed that three others had fled. A search of the seized vehicle yielded heroin and opium, leading to a raid on the house of the alleged fugitives where narcotics were found in a box under a bed occupied by three women. The women …

PAPPUversusSONU AND ANR.

2009 INSC 333Appeal(s) allowed

The Supreme Court examined an appeal against a High Court order that had declared the accused a juvenile based solely on a doctor's certificate, despite rejecting school records and the mother’s testimony as unreliable. The accused had claimed he was born on 1 January 1989 and sought to be tried as …

IZHARUL HAQ ABDUL HAMID SHAIKH & ANR.versusSTATE OF GUJARAT

2009 INSC 332Disposed off

Three criminal appeals under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) sought bail for appellants – Izharl Haq Abdul Hamid Shaikh, Amir Gulam Husein Bandukwala and labourer Jivan Raghu Varli – who had been denied bail by Designated TADA Courts. The appellants argued that …

SAMIRA KHANUMversusMD. AFSAR TOWHEED AND ANR

2009 INSC 334Appeal(s) allowed

The case arose from a complaint by Samira Khanum alleging dowry harassment, cruelty and breach of trust under Sections 498‑A and 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The trial magistrate ordered summons against the husband and his parents, which the husband challenged by filing …

INSPECTOR OF CUSTOMS, AKHNOOR J & KversusYASH PAL AND ANR.

2009 INSC 327Dismissed

The respondents Yash Pal and others were convicted by a trial court for offences under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 based largely on their confessions to customs officials after a heroin seizure. The High Court acquitted them, holding that the …

MOHD. ASIFversusSTATE OF UTTARANCHAL

2009 INSC 336Dismissed

The appellant, Mohd. Asif, assaulted the deceased, Mohd. Saeed, with a knife in a cinema hall, causing a stab wound that required surgery. The victim died four days later, with the post‑mortem attributing death to pulmonary embolism, which the defence argued was an intervening cause unrelated to the …

PTC INDIA LTD.versusCENTRAL ELECTRICITY REGULATORY COMMISSION THR. ITS SECRETARY

2009 INSC 329Matter referred to larger bench

The Supreme Court examined appeals challenging the Appellate Tribunal for Electricity's declaration that it lacked jurisdiction to review the Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006. The Tribunal relied on West Bengal Electricity Regulatory Commission …

STATE OF U.P. & ANR.versusRADHEY SHYAM RAI

2009 INSC 337Dismissed

The respondent, Radhey Shyam Rai, was dismissed from his post as Computer Officer in the Uttar Pradesh Ganna Kishan Sansthan, a society registered under the Societies Registration Act, and challenged the dismissal before the High Court, raising the question of whether the Sansthan is a 'State' …

YUMNAM ONGBI TAMPHA IBEMMA DEVIversusYUMNAM JOYKUMAR SINGH & ORS.

2009 INSC 330Dismissed

The appellant, Yumnam Ongbi Tampha Ibema Devi, claimed that her father‑in‑law Yumnam Gouramani Singh executed a valid will on 13‑8‑1986 bequeathing land to her. The respondents contested the will, alleging it was not duly executed. The Supreme Court examined whether the will complied with Section 63 …

PARMANAND PATEL (D) BY LR. & ORS.versusSUDHA A. CHOWGULE & ORS.

2009 INSC 338Disposed off

The Supreme Court examined an appeal challenging a Bombay High Court interim order that appointed the High Court’s Official Receiver for the assets of a company and gave Sudha A. Chowgule exclusive powers to execute documents and induct tenants. The Court reiterated that under Order 40 Rule 1 of the …

M. J. JACOBversusA. NARAYANAN & ORS.

2009 INSC 339Appeal(s) allowed

The Kerala High Court set aside M.J. Jacob's election on the ground that a pamphlet published on his behalf contained a false statement that was held to be about the personal character of his rival, T.M. Jacob, constituting a corrupt practice under Section 123(4) of the Representation of the People …

ABDUL RAHIM & ORS.versusSK. ABDUL ZABAR & ORS.

2009 INSC 331Appeal(s) allowed

The father, Haji Sk. Abdullah, executed a registered gift deed on 21‑02‑1973 in favour of his younger son Abdul Razak, transferring a house that was let out to tenants. After the father's death, Razak died and his heirs (the appellants) succeeded to his interest. The elder son (respondent No.1) …

STATE OF MAHARASHTRAversusMANGI LAL

2009 INSC 340Dismissed

The State of Maharashtra appealed the acquittal of Mangilal, who was charged with the murder of four members of a family in August 1998. The prosecution relied on circumstantial evidence, including alleged illicit relationships, prior threats, a statement under Section 164 CrPC, alleged beating of …

STATE OF A.P.versusM. RADHA KRISHNA MURTHY

2009 INSC 341Appeal(s) allowed

The respondent, an Excise Inspector, demanded a bribe of Rs.4,000 from a toddy shop owner and accepted Rs.2,000, after which a trap was laid and he was caught receiving the money. He was convicted by a Special Judge under Sections 7, 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988, and …

JAGJIT SINGHversusSTATE OF PUNJAB

2009 INSC 342Dismissed

Jasprit Kaur, married to Jagjit Singh, died within 1 year 3 months of marriage, her body found hanging from a ceiling fan. The prosecution alleged that Jagjit and his parents subjected her to cruelty and demanded Rs 1 lakh for a house purchase, constituting dowry demand, leading to her death. The …

SANTOSH DEVIDAS BEHADE AND ORS.versusSTATE OF MAHARASHTRA

2009 INSC 343Dismissed

The Supreme Court dismissed the appeal of Santosh Devidas Behade and others, upholding their conviction under Sections 147, 148, 302 read with Section 149 of the IPC for the murder of Bharat Kharat. The Court held that the prosecution had proved a common object of the unlawful assembly, satisfying …

JITU @ JITENDERversusSTATE OF M.P.

2009 INSC 317Case Partly allowed

Four persons, including the appellant Jitu (Jitender), were tried for murder (s.302 read with s.34 IPC) and causing injuries (s.324 read with s.34 IPC) after an incident on 17‑11‑1995 that resulted in the death of Umesh and injuries to three eye‑witnesses. The trial court convicted the appellant …

RAMESHWAR PRASADversusSTATE OF RAJASTHAN

2009 INSC 315Appeal(s) allowed

The appellant, a branch manager of a cooperative bank, was convicted under IPC sections 408 and 462 and sentenced by the trial court. The Sessions Court, on appeal, remanded the case to the trial court under Section 368(8) of the CrPC, citing lacunae in the prosecution case, without deciding the …

SATISH AMBANNA BANSODEversusSTATE OF MAHARASHTRA

2009 INSC 318Dismissed

The appellant was convicted of murder under Section 302 IPC on the basis of his wife's dying declaration that he had set her on fire. The appellant challenged the conviction, arguing that the victim was not fit to give a dying declaration and that the statement was unreliable. The Supreme Court …

STATE OF PUNJABversusMADAN LAL

2009 INSC 316Dismissed

The State of Punjab appealed a Punjab and Haryana High Court order that allowed the three convictions of Madan Lal under Section 138 of the Negotiable Instruments Act, 1881, to run concurrently. The High Court had observed that the offences arose from the same family transaction involving different …

PRAVEEN BHATIAversusUNION OF INDIA & ORS.

2009 INSC 319Dismissed

The appellant, an Air Force officer, was compulsorily retired under Section 19 of the Air Force Act, 1950 and Rule 15 of the Air Force Rules, 1969 for alleged misconduct, chiefly the belated filing of his property return six years after the prescribed six‑month period. He contended that the Court of …

BHUWAN SINGHversusM/S ORIENTAL INSURANCE COMPANY LTD. & ANR.

2009 INSC 320Dismissed

The owner of a tractor, who was also driving it, caused a fatal accident on 5 January 2001. The claimants obtained a motor accident claim award of Rs.1.32 lakh. The insurer refused to reimburse, arguing that the driver did not hold a valid licence because his learner's licence had expired on 22 …

RANI ALOKA DUDHORIA AND OTHERSversusGOUTAM DUDHORIA AND OTHERS

2009 INSC 321Appeal(s) allowed

The Supreme Court examined a long‑running partition suit involving three immovable properties. The parties had agreed to an inter‑party auction without a formal valuation, but the Commissioner of Partition and the Calcutta High Court failed to comply with mandatory provisions of the Partition Act, …

M/S BOC INDIA LTD.versusSTATE OF JHARKHAND & ORS.

2009 INSC 322Appeal(s) allowed

M/s BOC India Ltd., a manufacturer and dealer of oxygen gas, supplied the gas to M/s Tata Iron & Steel Co. Ltd. (TISCO) for steel production. Oxygen was listed in BOC's registration certificate as a good taxable at 3%, but later notifications reduced the rate for raw materials used directly in …

V.K. ASHOKANversusASSTT. EXCISE COMMNR. & ORS.

2009 INSC 323Appeal(s) allowed

The appellants, who were granted toddy‑shop licences for one financial year, were found to have mixed diazepam in toddy, an offence under the Kerala Abkari Act, leading to cancellation of their licences under Rule 6(30) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. The State then …

MADAN LAL AND ANR.versusSTATE OF U.P.

2009 INSC 324Case Partly allowed

The case concerned the death of Asha G, alleged to have resulted from throttling by her husband’s relatives in connection with a dowry demand. The trial court acquitted the accused, holding that the deceased suffered from epilepsy and her death could have been caused by an epileptic fit. The …

NAWAB SHAQAFATH ALI KHAN & ORS.versusNAWAB IMDAD JAH BAHADUR & ORS.

2009 INSC 325Disposed off

The dispute concerned the interpretation of the H.E.H. Nizam's Jewellery Trust deed, incorporated by the Nizam's Trust Deeds (Validation) Act, 1950, particularly clauses dealing with the "Remaining Sons' Fund" and "Remaining Daughters' Fund". Original petitions under Sections 56 and 61 of the Indian …