Judgments of 2009

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

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

The appellant Jaswinder Singh was convicted for murder and attempt to murder under Sections 302, 307 and 34 of the IPC. He argued that he was not named in the FIR, that no test identification parade (TIP) was held, and that the evidence against him was unreliable. The sole eyewitness, the complainant PW‑1, testified th…

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

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

Babu Lal Sharma filed a suit claiming title, ownership and possession of 1.84 acres of land, asserting that his father had sold 0.53 decimal to Chhedilal Gupta in 1945 and that the remaining 1.31 acres belonged to him. He discovered that the land had been entered as Government land in the revenue records of 1953‑54 and…

The appellants, contractors on the NH‑49 project, entered into contracts executed through the Kerala Public Works Department but governed by a Ministry of Surface Transport policy that required arbitration. The contracts contained printed clauses (clause 24, 24(a) of the Notice Inviting Tenders and clause 3 of the stan…

K.N. Farms Industries (Pvt.) Ltd., a land‑holder, challenged the inclusion of 43.29 acres of tanks in its surplus land assessment under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as applied in Jharkhand. The appellant argued that tanks, being water bodies, are not "land…

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

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

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

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

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

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

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

The appellant, H. Lathakumari, entered into a contract with Vamanapuram Block Panchayat on 15 March 1999 that incorporated clause 73 of the Madras Detailed Standard Specifications, mandating arbitration of disputes. When a dispute arose, the appellant invoked Section 11 of the Arbitration and Conciliation Act, 1996 to …

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

The deceased daughter‑in‑law was burnt to death within four years of her marriage. The prosecution alleged that the mother‑in‑law, husband and uncle repeatedly harassed and tortured her for not providing sufficient dowry. A post‑mortem showed ante‑mortem burns and fractured skull bones, indicating she was killed before…

The Supreme Court examined the death of Asha Devi, who was found dead in a well after 15 months of marriage to Amar Singh. Medical evidence showed two distinct head injuries inconsistent with a fall, indicating she was beaten before being dumped in the well. Witnesses, including the deceased's father, brother, and moth…

The prosecution alleged that on the night of 13-14 September 1984, five accused entered a house, assaulted a male relative, abducted the prosecutrix, stripped her and the principal accused, Neku Khan, raped her for two nights. The trial court and the Rajasthan High Court convicted Neku Khan under Sections 376, 147, 323…

The appellants, original plaintiffs in a perpetual injunction suit, obtained a decree granting them possession of a specific parcel of land. The executing court, after a commission demarcated the land, ordered the judgment-debtors to comply, but the debtors later claimed the decree was un‑executable because the land ha…

The case arose from a murder FIR filed on 29‑11‑2002 in which, besides the named assailant Laxman Murmu, the complainant alleged that several other persons might have been involved. The appellants were granted anticipatory bail, later discharged from the case on 30‑6‑2004, and were not named in the charge‑sheet. Two ye…

The appellant filed a complaint alleging that a Deputy Superintendent of Police, while investigating a shooting case, threatened her husband to withdraw his statement and attempted to obtain his signature on a blank paper. The Judicial Magistrate took cognizance of the alleged offences under IPC sections 384 and 506 an…

Ashok Kumar Sharma, a loader employed by Oberoi Flight Services since 1980, was dismissed in 1986 after being caught with 30 soup spoons in his shoe and allegedly admitting guilt. The dismissal was effected without any enquiry, charge‑sheet or show‑cause notice. The Labour Court held the dismissal contrary to law but a…

The case arose from a land dispute in which the victim Munshi Basiruddin, aged 78, was killed when bricks were thrown at him by the accused Naimuddin and Muslim Mian. The trial court convicted both under section 302 read with section 34 of the Indian Penal Code and sentenced them to life imprisonment. On appeal, the Su…

The accused (MD. Ankoos & others) were charged with murder, rioting, house trespass and related offences for the killing of five villagers suspected of sorcery. The trial court acquitted all 77 accused, finding the eye‑witness testimonies (PW‑2 to PW‑4) unreliable and noting contradictions. The High Court set aside the…

Satwati Deswal, a lecturer promoted to principal in a Haryana school, was terminated by the school manager without any show‑cause notice, disciplinary inquiry, or opportunity of hearing. She challenged the termination by filing a writ petition, which the Punjab & Haryana High Court dismissed on the ground that she had …

The appellants, who were contract labourers employed by contractors of the Board of Trustees for the Port of Calcutta (CPT), sought a mandamus directing CPT to implement a Central Government notification that prohibited the use of contract labour for sleeper renewal, repair and laying of railway tracks within the port.…

Jameel and Dastgir assaulted Hasib with a lathi, fracturing his left parietal bone. Both were convicted under Section 308 IPC for attempt to commit culpable homicide and sentenced to two years' rigorous imprisonment; the High Court later acquitted Dastgir but upheld Jameel's conviction. Jameel appealed, contending that…

The appellant, Rasiklal Dalpatram Thakar, was charged by Madhavpura Mercantile Cooperative Bank for alleged loan fraud. The Chief Metropolitan Magistrate, Ahmedabad, under Section 156(3) of the CrPC ordered the Economic Offences Wing, State CID, to investigate. The investigating agency submitted a report stating that t…

Jayabalan was convicted of murdering his wife Vasanthi after the High Court reversed a trial‑court acquittal. The prosecution proved that the couple’s relationship was strained, the husband had beaten the wife, poured kerosene on her and set her on fire, as corroborated by an oral dying declaration and the testimony of…

Nine persons were tried for the murder of Shaktipada Kayal in 1983. The trial court acquitted all accused, but the High Court upheld the acquittal of eight and convicted the appellant, Umapada Kayal, under Section 304 Part‑II IPC based on eye‑witnesses and post‑mortem evidence, sentencing him to ten years' rigorous imp…

The accused, Parshotam Lal and Ved Parkash, were convicted under Section 366 of the Indian Penal Code for kidnapping and raping a minor girl, Tripta, and sentenced to four years' rigorous imprisonment. The High Court reduced the sentence to one year and six months. During the pendency of the appeal, the victim filed an…

The Noyyal River Ayacutdars Protection Association filed a PIL alleging that dyeing and bleaching units in Tirupur were discharging effluents that polluted the Noyyal River, the Orthapalayam reservoir and surrounding water bodies, rendering the water unfit for irrigation and drinking. The Madras High Court, as an inter…

The case involved a gang‑led shoot‑out in Mumbai that resulted in three deaths and several injuries. The accused were charged under the IPC, the Maharashtra Control of Organized Crime Act (MCOCA) and the Arms Act. The trial court convicted six of the eight accused, sentencing three to death, while two were acquitted. O…

The case concerned a dispute over the partition of certain properties originally belonging to G.R. Kuppuswamy Naidu, who had acquired them by a Will executed by his father in 1921. After Kuppuswamy's death, his sons and their descendants claimed the properties, while the plaintiffs argued that the lands formed a Mitaks…

The respondent filed a summary suit under Order XXXVII of the CPC for recovery of Rs.2.66 crore on account of dishonoured cheques. The appellants sought leave to defend and the trial judge granted conditional leave, directing them to deposit Rs.2 crore within two months or have the leave revoked. The High Court upheld …

ECE Industries Ltd., the plaintiff‑appellant, entered into a Development Agreement with S.P. Real Estate Developers for the construction of 1,800 apartments on a land parcel in Hyderabad. The respondents allegedly breached the agreement but proceeded with substantial construction, investing crores of rupees, and later …

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

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

The Supreme Court examined whether employees hired on daily‑wage, nominal muster‑roll, consolidated‑pay or as contingent workers in Andhra Pradesh could be regularised after five years of service and whether the 1998 amendments to the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of …

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

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

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

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

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

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

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

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

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

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

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

The appellant, Swaran Singh Chand, was compulsorily retired by the Punjab State Electricity Board under a circular dated 14‑08‑1981 that laid down guidelines for premature retirement. He challenged the order, contending that it was based on stigmatic remarks about his integrity, that the guidelines were not properly co…

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

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

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

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

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

The deceased, Diwan Pal Singh, an Assistant Engineer aged 42 with a monthly salary of Rs 17,431 and a prospective promotion to Executive Engineer, died in a collision with a stationary truck whose lights were off. His children and parents filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988.…

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

The Uttar Pradesh Cooperative Processing and Cold Storages Federation Ltd (PACSFED) was originally registered as an apex cooperative society under the Uttar Pradesh State Cooperative Societies Act, 1965, with its area of operation covering the whole state. When the Uttar Pradesh State Re‑organisation Act, 2000 came int…

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

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

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

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

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

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

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

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

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

The case arose from a land dispute that escalated into a violent altercation in which the deceased, Chintamani Singh, was fatally injured. The prosecution alleged that appellant No.1, Jaleshwar Singh, ordered the assault and that appellant No.2 delivered the fatal blow, leading to a conviction under Section 302 read wi…

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

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

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

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

Kushal Fertilisers Ltd, a manufacturer of MS conduit pipes, claimed exemption from central excise duty under Notification No.202/88 but failed to obtain a licence or file a declaration under Rule 174. The Commissioner issued a show‑cause notice under Section 11A and Rule 209A alleging that the company suppressed the fa…

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

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

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

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

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

The case concerned Dipak Kumar Santra, who was discharged from the Indian Army after failing the clerks' proficiency and aptitude tests. He filed a writ petition challenging his discharge, arguing that the competent authority lacked power under Rule 13(3) of the Army Rules, 1954, and that the Calcutta High Court had no…

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

The respondent, a Upper Division Clerk appointed in 1975, was required to pass the Departmental Accounts Examination within two years of joining and obtain five chances to do so, as stipulated in Rule 13 of the Haryana State Electricity Board Manual of Orders. He never appeared for the examination, and consequently his…

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

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

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

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

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

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

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

The appellants imported bulk cloves and claimed that the customs duty should be assessed on the contract price of US$2600 per metric ton, which they alleged was the transaction value. The Customs Department, relying on Section 14(1) of the Customs Act, 1962 and Rules 4, 5 and 10A of the Customs Valuation Rules, 1988, d…

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

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, but the High Court …

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 with the property would…

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 failed to record it…

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 were convicted unde…

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 a juvenile under Rul…

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 the FIRs were lodged…

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 an application unde…

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 prosecution had failed to p…

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 injury. The trial c…

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 v. CESC Ltd., which…

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' within the meaning of Art…

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 of the Indian Succe…

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 Code of Civil Proce…

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 Act, 1951. The Supre…

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) filed a suit in 1980 see…

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 an eye‑witness who la…

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 sentenced to two yea…

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 trial court acquitted …

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 the requirements of S…

The appellants, owners of plots reserved for roads, voluntarily surrendered their land and constructed the required roads at their own cost. They claimed that, under the Maharashtra Regional and Town Planning Act and the Development Control Regulations, they were entitled to additional Floor Space Index (FSI) or Transf…

The appellants Angana and others were convicted under IPC s.326 read with s.34 and sentenced to four years' rigorous imprisonment. They had been on bail during the trial, and most co‑accused were acquitted. While their appeal was pending before the High Court, they filed an application under Section 389 of the CrPC see…

The appellants were accused of assaulting the deceased during a dispute, resulting in his death. One witness (PW‑1) testified that the appellant struck the deceased with a stick, while the remaining eye‑witnesses testified that the appellant delivered a fist blow. No charge under Section 34 of the IPC (common intention…

The Collector of Ganjam seized a bus and 42 litres of kerosene for contravening the Orissa Kerosene Control Order. Under Section 6-A(1) of the Essential Commodities Act, the Collector ordered confiscation of the vehicle but, invoking the second proviso, allowed the owner to pay a fine of Rs.20,000 instead. The High Cou…

The appellant was convicted under the Prevention of Food Adulteration Act, 1954 for adulterating a small quantity of red chilli. The trial magistrate conducted the case as a warrant case, although Section 16‑A of the Act provides for a summary trial of such offences. The appellant argued that the summary‑trial provisio…

The appellant Zindar Ali SK, aided by a juvenile accomplice, was charged with rape (IPC s.376), cheating (IPC s.417) and criminal conspiracy (IPC s.120‑B) after forcibly raping the prosecutrix Chandmoni Khatoon, who had refused his marriage proposal. The prosecutrix reported the incident to her family; a village meetin…

The respondents, who were working as J.B.T. teachers, were promoted to the post of Headmaster on the basis of seniority‑cum‑merit and claimed entitlement to promotional increments. The Punjab and Haryana High Court allowed their writ petition, relying on an earlier decision (State of Haryana v. Partap Singh) without an…

Arjun Singh, a bus conductor, was alleged to have forcibly sexually assaulted a girl under 16 years of age and kidnapped her. He was convicted by the trial court and the Himachal Pradesh High Court under IPC sections 376 (rape), 511 (attempt to commit rape), 365, 366 (kidnapping) and 109 (abetment). On appeal, the Supr…

The State of Orissa filed a writ petition under Article 32 seeking the constitution of a Water Disputes Tribunal and an interim injunction against the State of Andhra Pradesh, which was constructing a side‑channel weir and flood‑flow canal on the Vansadhara river despite a 1994 agreement to share the river’s waters equ…

The dependants of a 20‑year‑old businessman who died in a road accident filed a claim under s.166 of the Motor Vehicles Act, 1988 seeking compensation based on a claimed monthly income of Rs.20,000. The Motor Accident Claims Tribunal accepted a monthly income of Rs.7,000, deducted 50% for personal expenses and awarded …

Baljit Singh purchased plot No.91-8 from Smt. Shammi Verma, who had been allotted the plot by the Improvement Trust, Ludhiana, and the transfer was approved by the Trust. The Trust later cancelled the original allotment on the ground that Smt. Verma was not a "locally displaced person" and that the officer who effected…

The appellant, claiming ownership of a property at 18/1 Ramesh Mitra Road, Kolkata, sought eviction of the respondent who alleged he was a Thika tenant under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. The respondent filed a Return under Rule 3(a) of the 1981 Rules, which the Thika Controller pro…

The plaintiff filed a suit for declaration of title, possession and permanent injunction based on an alleged amicable partition of land among co‑sharers. The High Court, on a second appeal under CPC s.100, decided that the partition, if any, did not occur before the commencement of Section 14 of the West Bengal Land Re…

The Tamil Nadu Water Supply & Drainage Board entered into a contract with M/s. Satyanarayana Brothers Pvt. Ltd. for the Veeranam drinking‑water project. The contractor failed to complete the work within the extended time, leading to arbitration. After several awards and appeals, the Supreme Court found that the sole ar…

The Supreme Court examined the murder conviction of Arun Kumar Sharma under Section 302 IPC for the death of his wife Sushma Devi. The prosecution's case rested on the testimony of a single eye‑witness, PW‑1, whose statements were found to be casual, contradictory and unexplained, especially his failure to report the i…

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

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

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

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

The appellant, Ram Suresh Singh, appealed against a High Court order that held the accused, Prabhat Singh, to be a juvenile on the basis of school admission register entries showing a birth date of 10‑02‑1987. The trial magistrate had appointed a Medical Board which estimated the accused's age to be over 20 years, but …

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

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

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

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

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

The case arose from a night-time mob attack on 16 May 1982 in Bujung, West Bengal, where several persons were killed and many were accused of being part of an unlawful assembly. The trial court convicted twenty persons under Sections 141, 142, 143 and 149 of the Indian Penal Code, despite some appellants not being name…

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

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

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

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

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

The appellant stabbed the husband of PW‑2 with scissors, causing fatal injuries to the lung and heart. The trial court convicted him under IPC s.304 Part I and sentenced him to seven years' imprisonment. The High Court upheld the conviction but released the appellant under the Probation of Offenders Act, 1958, ordering…

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

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

Seema Sharma (Respondent No.1) challenged the promotion of two junior colleagues in Haryana State Electronics Development Corporation Ltd., claiming she was senior and entitled to promotion. The corporation contended that its promotion policy was based on the principle of Merit‑cum‑Seniority, a point taken in its writt…

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

Vishnu Dutt Sharma sued Daya Sapra for recovery of a loan, while simultaneously filing a criminal complaint under Section 138 of the Negotiable Instruments Act for a dishonoured cheque. The criminal trial resulted in an acquittal of Sapra. Sapra then sought to have the civil suit dismissed under Order 7 Rule 11(d) CPC,…

The case concerned the Marathwada Sarvodya Shikshan Prasarak Mandal, a public trust, where disputes arose over the validity of elections held in 2001. The first respondent challenged the election, but the Joint Charity Commissioner dismissed the limitation defence and initiated suo‑moto proceedings under s.70A, which w…

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

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

The appellant employees' union challenged the registration of another employees' union before the Industrial Court under Section 20 of the Bombay Industrial Relations Act. The Industrial Court cancelled the appellant's registration and directed registration of the respondent union, which had not filed an application un…

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

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

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

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

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

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

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

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

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

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 under s.302 IPC and a c…

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 appeal on its merits. T…

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 examined the principles …

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 cheques and directed…

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 Enquiry had cleared…

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 December 2000 and he had…

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, 1893, notably Section…

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 manufacture to 2%. BOC be…

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 sought forfeiture of th…

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 Allahabad High Court set as…

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 Trusts Act were fil…

The appellant, M/s Alex Enterprises, had obtained customs duty drawback of Rs.42,90,226 on export consignments whose sale proceeds were never repatriated, thereby violating Section 142B of the Customs Act. The Customs authorities ordered recovery of the drawback amount along with a penalty of Rs.20,00,000 and directed …

Fulena Singh filed an election petition challenging the election of Vijay Kumar Sinha on the ground of double voting and multiple enrolments. To substantiate his claim, Singh applied under Rule 93(1)(dd) of the Conduct of Election Rules, 1961 for inspection of voter registers in Form 17A. The trial court allowed the ap…

Krishnarao Dudappa Shinde, a police inspector, was convicted under Section 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing wealth disproportionate to his known sources of income. The Bombay High Court acquitted him, holding that assets acquired before the Act’s commencement on 18‑December‑1964 could no…

Mis Precious Oil Corporation and its proprietor and employee were prosecuted under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 for contravening Clauses 3, 4 and 5(5) of the Lubricating Oil and Greases (Processing, Supply and Distribution Regulation) Order, 1987 by operating without a licence, storing adul…

The Supreme Court entertained Civil Appeal No. 725 of 2009 filed by Sahara India Commercial Corp. Ltd. seeking directions for the speedy disposal of a suit (No. 3376 of 2005) pending before the Bombay High Court and an appeal against an order passed on a chamber summons. The Court, invoking its powers under Article 136…

The appellant, Masood Ali Khan, challenged a Division Bench of the Allahabad High Court that had granted bail and suspended the life sentences of three convicted murderers (respondents 2‑4) under Section 389 of the Code of Criminal Procedure while their appeal was pending. The Supreme Court held that the High Court fai…

The State of Kerala filed a revision petition challenging an order passed under Section 340 of the Criminal Procedure Code (CrPC) that was initiated suo motu by the High Court. The High Court held that while the State could not appeal under Section 341 because it had not filed a complaint, the revision petition was mai…

The appellant, United India Insurance Co. Ltd., appealed a compensation award granted by the Motor Accident Claims Tribunal (MACT) under Section 166 of the Motor Vehicles Act, 1988, in a fatal accident where the deceased, aged 32, earned Rs 7,427 per month. The MACT had used a multiplier of 17 and awarded Rs 10,61,000 …

Varsha Plastics Pvt. Ltd. imported a consignment of LDPE/HDPE granules from the United States and declared a low invoice price. The Customs Authority rejected the transaction value as unrealistically low, enhanced the valuation using prices from foreign journals as directed by Standing Order No. 7493/99, confiscated th…

The State of Haryana acquired 319.31 acres of agricultural land in five villages for the Faridabad Gas Power Project of NTPC. The Collector awarded compensation, which the landowners sought to enhance under Section 18 of the Land Acquisition Act, 1894, while NTPC sought a reduction. The High Court affirmed the referenc…

The State of Uttar Pradesh prosecuted eighteen accused Thakurs for dacoity, abduction, and the murder of seven Harijan victims, of whom only two bodies were recovered and one survivor gave a dying declaration. The trial court convicted all accused under IPC ss.302, 149, 364 and 201, sentencing them to life imprisonment…

Shabana Bano, a Muslim woman, filed a petition under Section 125 of the Criminal Procedure Code for maintenance against her husband, Imran Khan, after being divorced and left with a newborn child. The husband contended that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, she was not entitled to main…

The appellant Sunil was convicted under IPC sections 363, 366A and 376 for kidnapping and raping a girl named Pinki. The central issue was whether Pinki was a minor at the time of the offence. The prosecution relied on a school leaving certificate and the father's approximate statement of age, while the medical examine…

The Uttar Pradesh Vidyut Mazdoor Sangh (the Union) filed an application under Rule 25(2)(v)(a) of the Uttar Pradesh Contract Labour (Regulation and Abolition) Rules, 1975, seeking equal wages for contract workers employed in a temporary water‑filtration plant of the Anpara Thermal Power Project as those paid to regular…

The Supreme Court examined an appeal by animal‑right activist Bharat Kothari against a Gujarat High Court order that quashed an FIR alleging cruelty to nearly 2,000 goats and sheep and simultaneously convicted six livestock owners (respondents) under the Prevention of Cruelty to Animals Act, 1960, despite them not bein…

The appellant's 3.10 acres of land were acquired under the Land Acquisition Act, 1894 for a canal project. In addition to the compensation for the land, the appellant claimed Rs 6,46,579.95 for a water reservoir and sluice gate, though an earlier claim of only Rs 25,000 had also been made. The Land Acquisition Officer …

The father of a student who lost a year of schooling because his son's examination result was not published filed a complaint before the District Consumer Forum alleging deficiency in service by the Bihar School Examination Board and sought compensation. The Forum, State Commission and National Commission all upheld th…

The complainant MD Ibrahim alleged that his land was sold by the first accused to the second accused and that the witness, scribe and stamp vendor colluded to forge the sale deeds, also assaulting him when confronted. The trial court framed charges under IPC sections 420, 467, 471, 504, 323 and 341 and the accused soug…

In the 2004 Lok Sabha election for Muvattupuzha, P.C. Thomas was declared elected by a narrow margin. The election petitioner, P.M. Ismail, challenged the result alleging that Thomas had committed corrupt practices under Sections 123(3) and 123(5) of the Representation of the People Act, 1951 by printing and circulatin…

The Supreme Court examined the prosecution of several senior officials, including the former Water Resources Minister of Madhya Pradesh, for alleged criminal conspiracy and misconduct under the Prevention of Corruption Act in connection with the Hasdeo Bango dam project. The respondents were accused of sanctioning extr…

The State of Maharashtra appealed against the Bombay High Court’s order quashing a First Information Report (FIR) lodged by an investor who alleged cheating and misappropriation by City Limouzines Ltd. The High Court had held that the dispute was merely a civil matter concerning the interpretation of an investment agre…

The parents of Bal Reddy were murdered in their Hyderabad home on 3 December 1997. The prosecution charged the daughter‑in‑law (Swarnalatha) and five others under sections 120‑B, 302, 392 and 201 IPC, relying mainly on circumstantial evidence, an extra‑judicial confession recorded by the son‑in‑law of the deceased, the…

Vir Singh, a 40‑year‑old carpenter, died in a motor accident in 1997. His widow, children and parents (eight dependents) filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accident Claims Tribunal awarded Rs 2.32 lakh based on a daily income of Rs 84 and a multiplier of 15. The Madhya…

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. filed a transfer petition under Section 406 of the Code of Criminal Procedure seeking to move a large number of criminal cases pending in Punjab and Haryana courts to the Delhi High Court or any other High Court, alleging that justice might not be done to the company. The petit…

The appellants, owners of agricultural land in Jharoda Kalan, New Delhi, challenged the compensation awarded for land acquired under a 1982 notification. After successive awards by the Land Acquisition Collector (Rs 5,800‑2,400 per bigha), the Reference Court (Rs 9,750 per bigha) and the High Court (Rs 11,500 per bigha…

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. filed a FIR and the respondents applied for anticipatory bail. The Punjab & Haryana High Court, by an ex parte order dated 27‑12‑2005, directed the Chief Judicial Magistrate to release the respondents on bail, effectively making the interim order a final one. The Supreme Court …