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Judgments of 2009

1317 judgments · newest first · showing 1001–1200

M/S. ALEX ENTERPRISES & ANR.versusUNION OF INDIA & ORS.

2009 INSC 326Dismissed

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 …

SALIL CHATURVEDIversusUNION OF INDIA & ORS.

2009 INSC 312Disposed off

Saul Chaturvedi filed a public interest writ petition under Article 32 alleging that several State Governments and local authorities had failed to implement Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates …

M/S KANHIYA SINGH SANTOK SINGH & ORS.versusKARTAR SINGH

2009 INSC 313Case Partly allowed

The dispute concerned a shop in Kishangarh where an eviction suit was filed against the tenant, late Santok Singh, and his firm. Santok Singh died during the pendency of a second appeal, and his two sons applied to be substituted as his legal representatives under Order 22 Rule 3 of the CPC, …

MAHESH DATIATRAY THIRTHKARversusSTATE OF MAHARASHTRA

2009 INSC 314Appeal(s) allowed

The appellant, Mahesh Dattatray Thirthkar, owned land acquired by the State of Maharashtra for a medium project. The Land Acquisition Officer initially awarded Rs.40,226 as compensation, which the Reference Court enhanced to Rs.83,000. The State appealed, and the High Court reduced the award back to …

STATE OF RAJASTHANversusASHFAQ AHMED

2009 INSC 310Dismissed

The State of Rajasthan appealed against the Rajasthan High Court’s order acquitting Ashfaq Ahmed, who had been convicted by a trial court for murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The trial court’s conviction was based solely on an alleged dying …

SRIPATHI & ORS.versusSTATE OF KARNATAKA

2009 INSC 311Disposed off

On 22 September 1992, during an altercation, Pandit (A.4) stabbed the deceased while three co‑accused (A.1 Sripathi, A.2 Mallikarjun, A.3 Sanjaya) allegedly held the victim as instructed. The trial court acquitted all, but the Karnataka High Court convicted them under Section 304 Part II read with …

MAHESH CHOUDHARYversusSTATE OF RAJASTHAN & ANR.

2009 INSC 296Dismissed

Mahesh Chaudhary, a partner of a carpet exporting firm, was alleged to have withheld commission payable to another firm under a 10% commission agreement, leading to a complaint of criminal breach of trust, cheating and forgery. A magistrate ordered an FIR and later took cognizance of offences under …

SYED ASKARI HADI ALI AUGUSTINE IMAM & ANR.versusSTATE (DELHI ADMN.) & ANR.

2009 INSC 290Dismissed

The appellants sought registration and mutation of a will dated 3 May 1998, which was contested by the testatrix's heir in both civil and criminal proceedings alleging forgery. While the criminal case (IPC 420, 468, 444, 34) was instituted before the probate suit under the Indian Succession Act, the …

V. LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 291Disposed off

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the Special Tribunal or Special Court created under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 could decide questions of adverse possession. The Court examined the provisions of the Act, its …

U.P. POWER CORPORATION LTD.versusNATIONAL THERMAL POWER CORPORATION LTD. AND ORS.

2009 INSC 292Appeal(s) allowed

The dispute concerned whether the National Thermal Power Corporation (NTPC) could have the arrears of salary revision for its employees, payable with retrospective effect from 1997, included in the tariff for its Korba and Dadri power stations for the years 1997-2000. NTPC filed tariff applications …

KAUSAL YABAI & AKKABAI (DEAD) BY LRS.versusHARISHCHANDRA MUNNALAL GUPTA

2009 INSC 297Disposed off

The suit was filed by the brother, Harishchandra Gupta, seeking possession of a house on the basis that he held a permanent lease granted by the Naib Tehsildar on 30‑Nov‑1979. The sister, Kausalya Bai, contended that she was a licensee and later claimed title by adverse possession, while also …

MAN SINGHversusCOMMNR. GARHWAL MANDAL, PAURI & ORS.

2009 INSC 298Dismissed

Man Singh had been employed intermittently as a peon on short‑term contracts from 1989 to 1996. In 1995 his name was placed on the wait‑list for a regular post after being called from the Employment Exchange, but was later removed and replaced by another candidate who had higher marks. His services …

COMMISSIONER OF CENTRAL EXCISE, NOIDAversusM/S. ACCURATE METERS LTD.

2009 INSC 293Dismissed

Accurate Meters Ltd supplied electric meters to various State Electricity Boards under two distinct contracts – one for the supply of meters and another for their transportation and insurance. The contracts stipulated that freight and insurance charges would be levied at average rates, not on actual …

JAGAN SHRAVAN PATIL & ANR.versusSTATE OF MAHARASHTRA

2009 INSC 300Dismissed

The appellants (accused Nos. 4 and 5) were convicted for the murder of a family member, along with several other offences, on the basis that they acted with a common intention under Section 34 of the Indian Penal Code (IPC). The trial court and the Bombay High Court upheld the conviction, finding …

Y. VENKAIAHversusSTATE OF A.P.

2009 INSC 294Dismissed

The appellants, who were public servants in the Andhra Pradesh Social Welfare Department, were accused of conspiring to withdraw government scholarship funds using fictitious student names, thereby cheating and misappropriating public money. They were charged under IPC sections 120‑B, 420, 468, …

NATIONAL INSURANCE CO .versusM/S SAJJAN KUMAR AGGARWALLA

2009 INSC 301Appeal(s) allowed

The respondent, owner of a Maruti car, filed a claim with National Insurance Co. for damages after a motor accident. The insurer rejected the claim, alleging that the driver did not possess a valid driving licence at the time of the accident. The District Forum, State Commission, and National …

STATE OF M.P.versusDHARA SINGH & ANR.

2009 INSC 302Appeal(s) allowed

On 3 October 1998, Ohara Singh and Prem Das attacked a bullock cart, resulting in the death of Sohan Lal. The FIR, lodged by Ramhet (PW‑2), named Bhagwan Singh (PW‑3) as an eye‑witness under the alias 'Kaptan'. The trial court convicted Ohara Singh under IPC s.302 and the Arms Act s.25,27 and Prem …

STATE OF NCT OF DELHIversusASHIF KHAN @ KALU

2009 INSC 303Dismissed

The State of NCT of Delhi appealed against the conviction of Ashif Khan for possession of heroin under Sections 21(a) and (b) of the NDPS Act. A total of 310 g of material was seized, which forensic analysis showed contained 0.95% heroin, amounting to 2.945 g of the drug. The issue was whether the …

RIYOJODDIN RAFIYODDIN SHAIKversusSTATE OF MAHARASHTRA REP. BY PUBLIC PROSECUTOR

2009 INSC 304Dismissed After

The deceased Sayarabi was found dead with severe burn injuries and a strong kerosene odor in her matrimonial home. The prosecution alleged that her husband, Riyazoddin (the appellant), had poured kerosene on her and set her alight, while other family members were accused of abetting. The trial court …

DILIP KUMAR GARG AND ANOTHERversusSTATE OF U.P. AND OTHERS

2009 INSC 305Dismissed

The appeal concerned the validity of Rule 5(ii) of the Uttar Pradesh Public Works Department Group‑B Civil Engineering Service Rules, 2004, which allowed promotion of Junior Engineers—both degree and diploma holders—to Assistant Engineer after seven years of service without any additional …

RAJINDER SINGH BHATTI AND ORS.versusSTATE OF HARYANA AND ORS.

2009 INSC 306Dismissed

The appellants, owners of approximately 160 kanals of land in Jagadhri, Haryana, challenged the State's failure to make a compensation award within two years of the declaration under the Land Acquisition Act, 1894, arguing that the statutory lapse under Section 11A amounted to a withdrawal from …

RAMATHAL & ORS.versusINSPECTOR OF POLICE & ANR.

2009 INSC 307Disposed off

The appellants, Ramathal and others, were charged under Sections 120‑B and 420 IPC for allegedly cheating a buyer by misrepresenting the status of a mortgaged property and receiving a large advance. Anticipating arrest, they filed an application for anticipatory bail under Section 438 of the Code of …

I. GLASKASDEN GRACE & ORS.versusINSPECTOR OF POLICE & ANR.

2009 INSC 308Disposed off

The appellants, accused of forging documents and cheating a complainant of Rs.62.62 lakh in a property transaction, sought anticipatory bail under Section 438 of the CrPC. The Madras High Court granted bail on the condition that they deposit title deeds worth Rs.20 lakh and furnish a personal bond. …

FIDA HUSSAIN BOHRAversusTHE STATE OF MAHARASHTRA

2009 INSC 309Appeal(s) allowed

The appellant, Fida Hussain Bohra, was accused of embezzling approximately Rs. 26 crore and was granted anticipatory bail by an Additional Sessions Judge subject to conditions. He complied with those conditions, and the investigating agency later agreed to relax them. The High Court set aside the …

STATE OF RAJASTHANversusBHANWAR LAL & ANR.

2009 INSC 295Case Partly allowed

The State of Rajasthan appealed the acquittal of Bhanwar Lal and Mohan Lal, who had been convicted under Sections 8, 18 (and 20) of the NDPS Act. The High Court set aside the convictions on the ground that the police had not complied with Section 50, which requires the accused to be searched in the …

STATE OF RAJASTHANversusMANOJ SHARMA AND ANR.

2009 INSC 299Disposed off

The State of Rajasthan appealed the acquittals of Manoj Sharma and Mohammed Rafiq, who were charged under the Narcotic Drugs and Psychotropic Substances Act, 1985. The seized material (8 g of opium) was recovered from inside Sharma's house, not from his person, and the trial court had convicted both …

M/S P.V.K. DISTILLERY LTD.versusMAHENDRA RAM

2009 INSC 289Case Partly allowed

Mahendra Ram was hired by P.V.K. Distillery Ltd. in 1981, became a permanent workman in 1982, and was terminated orally in 1985. He approached the Labour Court, which held that his termination was illegal, ordered his reinstatement with full back wages, and the High Court affirmed that award. The …

C.K. SASANKANversusTHE DHANALAKSHMI BANK LTD.

2009 INSC 273Case Partly allowed

The appellant, C.K. Sasankan, sought recovery of a loan taken by his father from Dhanalakshmi Bank and challenged the interest awarded by the Debt Recovery Tribunal, which was 25% from filing to judgment and 19.4% thereafter. He argued that such rates were excessive and violated Section 34 of the …

NIFTY CHEMICALS PVT. LTD.versusUNION OF INDIA

2009 INSC 274Disposed off

The petitioners, non‑core linked coal consumers, had paid an extra amount (one‑third of the enhanced price) under an interim Supreme Court order pending the validity of the E‑auction scheme. The scheme was later declared ultra vires of Article 14 and the coal company undertook to refund the extra …

M/S. DCM LIMITEDversusCOMMISSIONER OF SALES TAX, DELHI

2009 INSC 275Dismissed

M/s DCM Ltd sold chemicals to three purchasing dealers in Delhi under contracts that assigned each dealer an exclusive territory outside Delhi and obliged them to move the goods to those territories for sale. The Assessing Authority treated the transactions as local sales, but the Sales Tax Tribunal …

RANGNATH SHAMAO DHAS & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 276Dismissed After

The deceased Krishna was assaulted with swords and axes by the accused appellants during a land‑related dispute, leading to his death. Eye‑witnesses PW‑4, PW‑5 and PW‑6 identified the appellants and described the assault, while the medical doctor testified that the cumulative effect of the injuries …

VITHAL EKNATH ADLINGEversusSTATE OF MAHARASHTRA

2009 INSC 277Dismissed

Vithal Eknath Adlinge was convicted of murder under Section 302 of the Indian Penal Code based primarily on circumstantial evidence. The trial court and the Bombay High Court found him guilty, citing that the accused was last seen with the victim, the victim was found dead in a pool of blood, there …

STATE OF PUNJABversusMOHINDER SINGH & ORS.

2009 INSC 278Disposed off

The State of Punjab appealed the Punjab & Haryana High Court's acquittal of six accused who had been convicted by a trial court for murder, culpable homicide, voluntarily causing hurt, and rioting under Sections 302, 450, 324, 148 read with 149 of the IPC. The prosecution alleged that the accused, …

SURESHversusSTATE OF HARYANA

2009 INSC 279Dismissed

Seven persons, including the appellant, were charged with assaulting three victims (Ram Sarup, Nakul and Sehdev) using sharp-edged weapons, causing grievous injuries that were medically certified as dangerous to life. Four accused were convicted by the trial court under Sections 326 and 307 read …

STATE OF U.P.versusSATTAN @ SATYENDRA & ORS.

2009 INSC 280Disposed off

The case involved the brutal murder of six members of a family, including women and children, by a group of accused persons. The trial court sentenced Sattan and Upendra to death under IPC s.302 read with s.149, while others were convicted under various sections. The Allahabad High Court altered the …

LUNARAMversusBHUPAT SINGH AND ORS.

2009 INSC 282Dismissed

The trial court convicted the accused of murder and offences under the SC/ST Act, but the Rajasthan High Court acquitted them, finding the prosecution's version of events implausible and the eye‑witness testimony unreliable. The State appealed, arguing that the High Court erred in discarding …

JOGINDER SINGHversusSTATE OF PUNJAB

2009 INSC 283Dismissed

The appellant, Constable Joginder Singh, was convicted under Section 302 of the Indian Penal Code for shooting and killing Harjinder Singh during a Panchayat election. The prosecution alleged that the accused fired a rifle shot at the victim's head from close range, causing a fatal head injury, and …

SAHDEVversusJAIBAR @ JAI DEV & ORS.

2009 INSC 284Appeal(s) allowed

The informant Sahdev appealed a Punjab & Haryana High Court order that upheld convictions of four accused under Sections 307, 326 and 34 IPC for a brutal assault in which one victim lost his memory, but reduced the custodial term for the principal accused Raj Kumar from ten to seven years without …

UNITED INDIA INSURANCE CO. LTD.versusM/S PAYARELAL NIRNAJAN LAL

2009 INSC 285Appeal(s) allowed

The insured, Payarelal Nirnajan Lal, paid a premium cheque to United India Insurance for a marine transit policy, but the insurer rejected the claim alleging no contract existed. The insured filed a complaint before the Rajasthan State Consumer Disputes Redressal Commission, which dismissed it, …

CENTRAL BANK OF INDIAversusSTATE OF KERALA AND ORS.

2009 INSC 286Dismissed

The Supreme Court examined whether the statutory first‑charge provisions in the Bombay Sales Tax Act (s.38C) and the Kerala General Sales Tax Act (s.26B) conflicted with the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (ORT Act) and the Securitisation and Reconstruction of …

AYURVEDIC ENLISTED DOCTOR'S ASSON., MUMBAIversusSTATE OF MAHARASHTRA AND ANR.

2009 INSC 287Dismissed

The petitioners, Ayurvedic practitioners enlisted in the Bihar State Register but lacking recognised qualifications under the Indian Medicine Central Council Act, 1970, claimed a constitutional right to practice throughout India under Article 19(1)(g) and Section 29 of the Central Act, asserting …

ALOK MISHRAversusGARIMA MISHRA

2009 INSC 272Disposed off

Alok Mishra and Garima Mishra filed transfer petitions before the Supreme Court concerning their matrimonial dispute. While the petitions were pending, the parties, with the assistance of mediators from the Delhi High Court Mediation and Conciliation Centre, reached a settlement agreement that …

VISHNU DUTT SHARMAversusMANJU SHARMA

2009 INSC 288Dismissed

The husband filed a petition for divorce under the Hindu Marriage Act, 1955, alleging cruelty by his wife. The trial court, and subsequently the High Court, found that the wife was the victim of cruelty and that the husband could not establish cruelty on her part. The husband also sought divorce on …

PAWANversusSTATE OF UTTARANCHAL

2009 INSC 268Dismissed

The case involves the rape and murder of a six‑year‑old girl whose body was discovered after four accused were seen throwing it from a gunny bag. The trial court convicted the accused under IPC sections 302, 34, 201, 34, 376 and 377 based solely on circumstantial evidence and sentenced them to …

UNION OF INDIAversusM/S. SINGH BUILDERS SYNDICATE

2009 INSC 270Dismissed

The Union of India (Northern Railways) entered into a construction contract with Mis. Singh Builders Syndicate which contained Clause 64 requiring two serving Gazetted Railway officers as arbitrators who would appoint an umpire. The builder invoked arbitration in 1999, but repeated transfers and …

NATIONAL INSURANCE COMPANY LTD.versusMEGHJI NARAN SORATIYA & ORS.

2009 INSC 271Appeal(s) allowed

The insurer, National Insurance Company Ltd., appealed against the Gujarat High Court's dismissal of its challenges to Motor Accident Claims Tribunal awards, contending that the Tribunal had granted permission to contest the claims under Section 170 of the Motor Vehicles Act, 1988 without recording …

U.P. PUBLIC SERVICE COMMISSIONversusSATYA NARAYAN SHEOHARE & ORS

2009 INSC 269Disposed off

The Uttar Pradesh Public Service Commission advertised for Civil Judge (Junior Division) posts in March 2000, and two candidates applied as general category candidates. Before the written examination began, the State Government amended the First Schedule of the U.P. Public Services (Reservation for …

SRI JYOTISH KAIBORTA & ORS.versusTHE STATE OF ASSAM & ORS.

2009 INSC 254Disposed off

The dispute concerned the selection of candidates for twelve Lower Division Assistant posts in the Assam Transport Department. The Guwahati High Court had set aside the select list dated 24 June 2003, holding the selection process unfair and improper, primarily on the basis of a perceived abnormal …

STATE OF HARYANA & ORS.versusBALDEV SPINNERS PVT. LTD. & ORS.

2009 INSC 255Appeal(s) allowed

The State of Haryana sought to withdraw an eligibility certificate granted to Baldev Spinners Pvt. Ltd. under Rule 28A of the Haryana General Sales Tax Rules, 1975, on the ground that the applicant failed to produce a NOC/CLU certificate for agricultural land. The applicant had not disclosed that …

STATE OF U.P.versusDINESH

2009 INSC 256Dismissed

The State of Uttar Pradesh appealed the acquittal of Dinesh, who had been convicted for murder under IPC s.302 and later acquitted by the Allahabad High Court. The High Court found material infirmities and contradictions in the testimony of two key eyewitnesses and noted that medical evidence …

NARAYANversusSTATE OF RAJASTHAN

2009 INSC 257Dismissed

The appellant Narayan was convicted for the murder of his wife Hunji and for causing the disappearance of evidence under Sections 302 and 201 of the Indian Penal Code. The dead body was discovered in a trunk at a bus stand, identified as Hunji, and the prosecution relied entirely on circumstantial …

MANI @ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2009 INSC 258Dismissed

The Supreme Court examined the murder of Prabha, for which seven accused were convicted under Section 302 IPC. The prosecution’s case rested primarily on the testimony of the victim’s mother (PW1), who narrated that the accused, armed with knives, had threatened and later chased and killed her son. …

MANI@ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2009 INSC 259Dismissed

The appellants, a group of seven men, formed an unlawful assembly armed with knives and murdered Prabha, the son of PW‑1, after threatening him at the mother’s house. PW‑1, the mother, testified that the accused had previously killed her other son Babu and later threatened and killed Prabha; her …

AMIN KHANversusSTATE OF RAJASTHAN AND ORS.

2009 INSC 260Dismissed

Six accused, including Mubin and Amin, were alleged to have assaulted a person, stolen Rs.1.61 lakh and murdered a petrol pump owner. The trial court acquitted them of offences under Section 396 IPC and Sections 3 and 35 of the Arms Act. The State invoked Section 390 of the CrPC to have the High …

BHAGWAN KR I SHAN GUPTAversusPRABHA GUPTA & ORS.

2009 INSC 262Dismissed

The dispute arose between the heirs of Murari Lal Gupta (the testator) and the family of his brother Girdhari Lal Gupta over a property jointly owned by the brothers. The testator's will declared that the ground floor would vest in his four sons and the first floor in Girdhari's family, with both …

SATBIR SINGH & ORS.versusSTATE OF U.P.

2009 INSC 263Dismissed

The Supreme Court upheld the conviction of several accused who, amid a long‑standing family feud, assaulted and murdered Jagbandhan and Randhir and injured Mithan. The prosecution proved the offences under Sections 302, 149, 148 and 323 of the IPC using eye‑witness testimony, medical evidence and …

SAROJ ANAND & ORS.versusPRAHLAD RAI ANAND & ORS.

2009 INSC 264Dismissed

The case involved a partition suit among members of a joint family where counsel Y.K. Kapoor, appearing for all defendants, stated in court on 14 October 1999 that the defendants did not dispute the plaintiff's share in all the properties and were willing to sell them. A preliminary decree was …

NARESH KUMARversusKALA WATI & ORS.

2009 INSC 252Disposed off

The appellant, brother of the deceased, challenged the acquittal of respondents 1 and 2 for offences under sections 498A, 302 and 34 IPC by filing a revision petition in the Delhi High Court. On the scheduled hearing, the appellant’s counsel could not appear due to an accident, and only the State’s …

VISHAL SINGHversusSTATE OF RAJASTHAN

2009 INSC 253Dismissed

Vishal Singh and four accomplices attacked Kaluram and his relatives, inflicting fatal injuries with a knife. The trial court convicted Vishal Singh under Sections 302 and 341 of the IPC, a conviction upheld by the High Court. On appeal, the appellant argued that the killing occurred in a sudden …

BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.

2009 INSC 266Disposed off

The husband of the claimants was struck by a Bangalore Metropolitan Transport Corporation (BMTC) bus and died at age 53. The claimants sought compensation under Section 166 of the Motor Vehicles Act, 1988, alleging loss of dependency and consortium. The Motor Accidents Claims Tribunal awarded Rs …

STATE OF KARNATAKA & ORS.versusG.V. CHANDRASHEKAR

2009 INSC 267Disposed off

The Supreme Court examined whether employees appointed on an ad‑hoc basis could be regularised in service. The respondents, who had served for more than ten years in various posts, sought regularisation with all consequential benefits after their applications were rejected by the State. The High …

C.M. GIRISH BABUversusC.B.I. COCHIN, HIGH COURT OF KERALA

2009 INSC 243Appeal(s) allowed

The appellant, C.M. Girish Babu, and another accused were tried for demanding and accepting a bribe under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and for criminal conspiracy under IPC s.1208. The trial court convicted them; the Kerala High Court upheld the conviction …

MAHENDRA PRATAP SINGHversusSTATE OF U.P.

2009 INSC 244Appeal(s) allowed

The incident occurred on 12 February 1975 at Lalitpur bus stand where the appellant Mahendra Pratap Singh was alleged to have fired a single bullet from a rifle, causing the death of Devendra Singh and injuries to three others. The trial court acquitted him, but the Allahabad High Court convicted …

VADIRAJ NAGGAPPA VERNEKAR (D) THROUGH LRS.versusSHARAD CHAND PRABHAKAR GOGATE

2009 INSC 245Dismissed

The suit concerned the ownership of a flat and the validity of letters of administration obtained by the respondent. A key witness, Sadanand Sheshgiri Shet, gave his evidence by affidavit under Order 17 Rule 4 CPC. The plaintiffs later moved a motion under Order 18 Rule 17 CPC seeking to recall the …

C.R. NAGARAJA SHETTYversusSPL. LAND ACQ. OFFICER & ESTATE OFFICER. & ANR.

2009 INSC 246Case Partly allowed

The appellant owned 35 guntas of land in Bangalore South Taluk that was acquired for the widening of a National Highway under the Land Acquisition Act, 1894. Initial compensation of Rs.10 per square foot was enhanced to Rs.27.50 by the Reference Court and further to Rs.75 per square foot by the …

SHIROMANI GURUDWARA PRABANDHAK COMMITTEEversusMAHANT PREM DASS

2009 INSC 247Dismissed

The SGPC applied under Section 7 of the Sikh Gurdwaras Act, 1925 to have the institution known as Gurdwara Sahib Gurdwara Bhagat Bhagwan declared a Sikh gurdwara. The Sikh Gurdwaras Tribunal initially held it to be a Sikh gurdwara, but the Punjab & Haryana High Court reversed that decision, finding …

STATE OF WEST BENGAL & ORS.versusRATNAGIRI ENGINEERING PVT. LTD. & ORS.

2009 INSC 250Disposed off

The State of West Bengal appealed against a Calcutta High Court order that had resumed land held by an intermediary under the West Bengal Estates Acquisition Act, 1953. The appeals raised three questions: (1) whether the proviso to Section 6(3) of the 1953 Act remains effective after the West Bengal …

STATE OF U.PversusGAJEY SINGH & ANR.

2009 INSC 251Dismissed

The case arose from the killing of Lakhi Ram, who was shot by Rajpal Singh after a quarrel involving the accused Gajey Singh and his father Mehar Singh. The trial court convicted Gajey Singh and Rajpal Singh for murder under Section 302 read with Section 34 IPC, but the High Court acquitted them, …

M/S ATUL COMMODITIES PVT. LTD. & ORS.versusCOMMISSIONER OF CUSTOMS, COCHIN-9

2009 INSC 248Dismissed

The appellant imported second‑hand photocopier machines in January 2005 under the "general imports" category of the Foreign Trade Policy (FTP) 2004‑09. The Customs authority treated the machines as "restricted" under para 2.17 of the FTP, relying on DGFT circulars and seized them. The Supreme Court …

KESHAVversusSHIVAJIRAO & ORS.

2009 INSC 249Disposed off

The appellant challenged a Bombay High Court order that deleted his name from the electoral roll on the ground that the election programme had not yet been declared. The High Court had relied on the fact that the election programme was pending, while the appellant argued that the programme was …

STATE OF RAJASTHANversusHANIF KHAN & ANR.

2009 INSC 234Appeal(s) allowed

The daughter of complainant Billu Khan went missing and was later found dead. The trial court convicted Hanif Khan and others under IPC sections 376(2)(g) (rape), 302 r/w 34 (murder), and 201 r/w 34 (concealment of body). The High Court, without discussing the testimony of PW2 (the wife of an …

S.K. JAIN.versusSTATE OF HARYANA AND ANR.

2009 INSC 233Dismissed

The appellant, a contractor, entered into a contract with the State of Haryana to construct an office building, which contained an arbitration clause and a sub‑clause requiring the contractor to deposit a security of 7% of the claim amount before arbitration could commence. A dispute arose, the …

PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANOTHERversusUNION OF INDIA AND ANOTHER

2009 INSC 238Matter referred to larger bench

The petitioners sought to strike down Rules 41(2) and 49‑0 of the Conduct of Election Rules, 1961 and to direct the Election Commission to provide for negative voting and its secrecy in ballot papers and EVMs. The Court examined the constitutional status of the right to vote, the concept of negative …

STATE OF KERALA & ANR.versusMAHESH KUMAR & ORS.

2009 INSC 239Dismissed

The State of Kerala introduced a "direct payment system" for staff of Dr. Padiar Memorial Homoeopathic Medical College, fixing 40 senior teaching and 50 non‑teaching staff for salary payment. Eight teaching staff members (the respondents) were excluded from the list despite holding recognized …

STATE OF KERALA & ANR.versusNAVEENA PRABHU & ORS.

2009 INSC 240Appeal(s) allowed

The State of Kerala entered into an agreement with Dr. Padiar Memorial Homoeopathic Medical College to introduce a 'direct payment system' for its teaching and non‑teaching staff, effective from 1 January 2000. Subsequent Government Orders expressly excluded the staff of the hospital attached to the …

STATE OF ORISSA AND ORS.versusKHIROD KUMAR NAYAK

2009 INSC 242Appeal(s) allowed

The petitioner, Khiroud Kumar Nayak, was appointed as "fourth peon" by the managing committee of an aided school under the Orissa Education Act, 1969. The State refused to approve the appointment, claiming it exceeded the prescribed staff yardstick, and the petitioner filed a writ petition. The …

SHIV KUMAR MISHRAversusSTATE OF GOA THROUGH HOME SECRETARY

2009 INSC 236Dismissed

Shiv Kumar Mishra was convicted under Section 20(b)(ii)(B) of the NDPS Act for possession of 1.31 kg of ganja and sentenced to three years' rigorous imprisonment. He appealed, arguing that the weight should exclude seeds, leaves, and moisture, which would reduce the quantity below the 1 kg threshold …

KOPPISETTY VENKAT RATNAM (D) THROUGH LRS.versusPAMARTI VENKAYAMMA

2009 INSC 237Disposed off

The Supreme Court examined a civil appeal challenging a High Court judgment that set aside the concurrent findings of fact of the trial court and the first appellate court without formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure (amended 1976). …

ANAND KUMARversusSTATE OF M.P.

2009 INSC 225Appeal(s) allowed

Karuna, the wife of Anand Kumar, died by suicide within seven years of marriage. Kumar, his parents and brother were charged under IPC s.306 (abetment of suicide), s.498A (cruelty) and the Dowry Prohibition Act s.4. The trial court acquitted the parents and brother but convicted Kumar based on a …

RASIKLALversusKLSORE

2009 INSC 226Disposed off

The appellant, Rasiklal, was charged with defamation under Sections 499 and 500 of the IPC, both bailable offences, and was granted bail by a Judicial Magistrate under Section 436 of the CrPC on 1 December 2006. The complainant filed a revision before the High Court, which cancelled the bail on the …

MUNISH BHASIN & ORS.versusSTATE (GOVT. OF N.C.T. OF DELHI) & ANR.

2009 INSC 227Disposed off

The wife of Munish Bhasin filed a complaint under IPC sections 498A, 406 and 34 alleging cruelty and misappropriation of dowry. The husband and his parents applied for anticipatory bail under CrPC section 438, which the Delhi High Court granted but conditioned on the husband paying Rs.12,500 per …

KALIAPERUMALversusRAJAGOPAL & ANR.

2009 INSC 228Dismissed

Kaliaperumal purchased immovable property from Rajagopal and others by a deed dated 26 June 1983, agreeing to pay Rs.43,000, of which Rs.40,000 was to be paid in the presence of the Sub‑Registrar at registration. The deed was registered on 26 October 1983, but the balance consideration was never …

UNION OF INDIA & ORS.versusB. ANNATHURAI & ANR.

2009 INSC 229Appeal(s) allowed

The Union of India appealed against orders of the Central Administrative Tribunal and the Madras High Court which had directed the Department of Space (ISRO) to devise a new format for recording Departmental Promotion Committee (DPC) minutes and to review the promotion cases of two employees, B. …

VISAKHAPATNAM PORT TRUSTversusM/S CONTINENTAL CONSTRUCTION COMPANY

2009 INSC 230Disposed off

The Supreme Court examined two appeals arising from a High Court judgment involving Visakhapatnam Port Trust (VPT) and M/s Continental Construction Company. The first appeal concerned a claim of Rs 74,810.38 for recovered jack‑rods, which the Court held was time‑barred under Section 37 of the …

M/S. SORATH BUILDERSversusSHREEJIKRUPA BUILDCON LIMITED & ANR.

2009 INSC 231Appeal(s) allowed

The Gujarat Agricultural University issued a tender for a veterinary college building, requiring pre‑qualification documents by 27 Nov 2008 and price bids by 28 Nov 2008. Three firms bid; one was disqualified for lack of experience and the appellant, Sorath Builders, submitted the lowest bid. …

MOHD. SOHRAB KHANversusALIGARH MUSLIM UNIVERSITY & ORS.

2009 INSC 232Disposed off

Aligarh Muslim University advertised a Lecturer in Chemistry post requiring a First Class Master's in the appropriate branch, understood to mean pure Chemistry. The appellant, Mohd. Sohrab Khan, held a Master's in pure Chemistry, while the selected candidate, Merajuddin Ahmad, held a Master's in …

PEDDI ASHOK KUMAR & ORS.versusPEDDI SUDARSHAN RAO

2009 INSC 224Disposed off

In a partition suit, the High Court had modified an interim order that maintained the status quo by allowing the construction of a second floor, based merely on the applicant's alleged inconvenience. The appellants challenged this modification, arguing that no plans, sanctions, or structural safety …

AL CHAMPDANY INDUSTRIES LIMITEDversusTHE OFFICIAL LIQUIDATOR & ANR.

2009 INSC 220Appeal(s) allowed

Al Champdany Industries Limited purchased the assets of a company in liquidation. After the sale was confirmed, Bhatpara Municipality claimed arrears of property tax for periods before the sale and sought payment from the purchaser. The High Court held that the sale terms "as is where is" imposed a …

RAJUversusTHE STATE BY INSPECTOR OF POLICE

2009 INSC 219Dismissed

The appellant Raju was convicted by the trial court for murder (s.302 IPC) of a money‑lender, Virupachi Gounder, based largely on circumstantial evidence and a confessional statement. The Madras High Court altered the conviction to voluntarily causing hurt (s.341 IPC) and sentenced him to seven …

A. VENKATAKRISHNANversusSTATE OF TAMIL NADU AND ORS.

2009 INSC 222Dismissed

A. Venkatakrishnan challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998, which raised the tax on contract carriage from Rs.1500 to Rs.2000 per seat per quarter and later to Rs.3000. He filed several writ petitions in the Madras High Court, which were dismissed for lack of …

COMMNR. OF INCOME TAX, JALANDHAR-1versusSHRI RAJIV BHATARA

2009 INSC 223Appeal(s) allowed

The Central Board of Income Tax, Jalandhar appealed against the order of the Punjab & Haryana High Court which had upheld the Income Tax Appellate Tribunal’s decision that surcharge could not be levied on tax assessed under a block assessment where the search was conducted before 1 June 2002. The …

SUNDAR BABU AND ANR.versusSTATE OF TAMIL NADU

2009 INSC 218Appeal(s) allowed

The wife, Sukanya, filed a complaint under IPC s.498A and Dowry Prohibition Act s.4 against her husband Sunder Babu, his parents, sister and maternal grandmother, alleging dowry harassment. The husband had left for the USA six months after their marriage and the complaint was lodged many months …

KRISHAN GOPALversusSANDHYA DEVI & ORS.

2009 INSC 204Dismissed

The respondents, parents of a deceased pillion rider, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for death caused by a bus and a scooter. The Motor Accident Claims Tribunal dismissed the claim, holding the appellant had not proved negligence. On appeal, the …

RENUKAversusSTATE OF KARNATAKA & ANR.

2009 INSC 205Disposed off

A complaint was lodged alleging that the accused assaulted the complainant, leading to a charge sheet and issuance of processes. The trial magistrate, invoking Section 258 of the Code of Criminal Procedure (CrPC), stopped the proceedings because the accused's whereabouts were unknown, without …

CITY MONTESSORI SCHOOLversusSTATE OF UTTAR PRADESH & ORS.

2009 INSC 206Dismissed

The City Montessori School occupied 23,000 sq ft of land in Lucknow, of which 6,000 sq ft was held by a predecessor lessee. The State of Uttar Pradesh acquired the entire land under the Land Acquisition Act, 1894, issuing notifications under Sections 4 and 6, which were later challenged. The High …

M/S. RAMPUR FERTILISER LTD.versusM/S. VIGYAN CHEMICALS INDUSTRIES

2009 INSC 207Disposed off

MIS. Rampur Fertiliser Ltd. sued M/s. Vigyan Chemicals Industries for unpaid bills and claimed interest at 18% per annum. During the pendency of the suit, the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 came into force (23‑Sept‑1992) and the plaintiff …

ORIENTAL INSURANCE CO. LTD.versusANGAD KOL AND ORS.

2009 INSC 209Appeal(s) allowed

The heirs of Genda Bai, who died after being struck by a goods carriage vehicle, claimed compensation under the Motor Vehicles Act, 1988. Oriental Insurance Co. denied liability, contending that the driver, Umesh Gupta, did not hold a valid licence to drive a goods vehicle, thereby breaching the …

COMMR. OF INCOME TAX, DIBRUGARHversusDOOM DOOMA INDIA LTD.

2009 INSC 210Dismissed

The Commissioner of Income Tax, Dibrugarh appealed against judgments upholding the assessment of Doom Dooma India Ltd., a tea manufacturer, for assessment years 1988-89 to 1991-92. The core issues were the meaning of "depreciation actually allowed" under Section 43(6)(b) of the Income‑Tax Act, 1961 …

SHEKARAversusSTATE OF KARNATAKA

2009 INSC 211Dismissed

The appellant, Shekara, was convicted by a trial court and affirmed by the Karnataka High Court for raping a girl under 16 years of age and later intimidating the victim and her mother, under sections 376, 448, 506 (with 34) IPC, and sentenced to five years' rigorous imprisonment. On appeal before …

BHOLA@ PARAS RAMversusSTATE OF H.P.

2009 INSC 212Dismissed

Three accused (Bhola, Prithu and Dharmu) were tried for murder under Sections 302 and 34 of the IPC. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I IPC read with Section 34, relying on eye‑witness testimony …

CHHOTANNEY & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2009 INSC 213Dismissed

The Supreme Court examined an appeal against convictions for murder under IPC sections 302 r/w 201, 148, 149 and 147. The prosecution's case rested on three eye‑witnesses who positively identified the accused, while the defence contended that the post‑mortem medical findings conflicted with the …

PRITHU @ PRITHI CHAND AND ANR.versusSTATE OF H.P.

2009 INSC 214Dismissed

The appellants Bhola, Prithu and Dharmu were accused of assaulting the deceased Fandi Ram with fists and stones during a quarrel, leading to his death. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I read with …

AVIRAL BHATLAversusBHAWNA BHATLA

2009 INSC 215Disposed off

The husband filed transfer petitions seeking to move several matrimonial and criminal matters pending before the Family Court, Gwalior, to this Court. The parties, married in 2006, had been living separately since 2007 and were involved in multiple proceedings including a petition under Section 13 …

N. SRINIVASAversusM/S KUTTUKARAN MACHINE TOOLS LTD.

2009 INSC 216Case Partly allowed

The appellant, N. Srinivasa, entered into an agreement to purchase a plot of land from M/s Kuttukaran Machine Tools Ltd. After paying a large advance, the respondent failed to execute the sale deed, sought a higher price, and attempted to sell the property to a third party. The appellant filed an …

ALL INDIA COUNCIL FOR TECHNICAL EDUCATIONversusSURINDER KUMAR DHAWAN & ORS .

2009 INSC 217Appeal(s) allowed

The All India Council for Technical Education (AICTE) challenged several Delhi High Court orders that permitted diploma holders with only 10+1 qualifications to enroll in a one‑year bridge course leading to a B.Tech degree. AICTE argued that allowing such bridge courses constituted a major policy …

USHA RAJKHOWA & ORS.versusPARAMOUNT INDUSTRIES & ORS.

2009 INSC 198Appeal(s) allowed

The case involved a fatal collision between a Maruti car and a truck, resulting in the death of the car driver. The claimants, dependents of the deceased, sought compensation, but the Motor Accident Claims Tribunal limited the award to 50% of the assessed amount on the basis of alleged contributory …

DEEPAK KUMAR BANSALversusUNION OF INDIA & ANR.

2009 INSC 199Case Partly allowed

The appellant, a contractor, entered into a 1996 construction contract with the Union of India that contained an arbitration clause (Clause 64). After receiving the original work order of Rs.32.17 lakh, several supplementary work orders raised the total contract value to Rs.42.60 lakh. The appellant …

AZHAR SULTANAversusB. RAJAMANI & ORS.

2009 INSC 200Disposed off

Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. …

SNEH GUPTAversusDEVI SARUP & ORS.

2009 INSC 201Dismissed

The appellant, Sneh Gupta, an heir of Munni Devi, challenged a compromise decree that had been entered into by the original plaintiff Veena Nirwani and certain defendants during the pendency of two suits concerning land mutation and alleged fraud. The compromise resulted in the withdrawal of both …

MADAN MOHAN MISHRAversusCHANRIKA PANDEY (DEAD) BY LRS.

2009 INSC 202Dismissed

The appellant, Madan Mohan Mishra, filed a suit in 1994 seeking to set aside a deed of gift concerning agricultural lands, alleging the deed was void. Earlier, a suit filed in 1969 concerning the same lands was abated by an order dated 17 July 1973 under the Uttar Pradesh Consolidation of Holdings …

MARTIN F. D'SOUZAversusMOHD. ISHFAQ

2009 INSC 197Appeal(s) allowed

The appellant, a nephrologist, treated a patient with chronic renal failure, severe urinary and blood infections, and high urea levels. He prescribed Amikacin, a potent antibiotic, after culture sensitivity showed resistance to other drugs, and warned the patient to stop it when tinnitus appeared. …

TILAK RAJversusBAIKUNTHI DEVI (D) BY LRS.

2009 INSC 192Appeal(s) allowed

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

STATE OF PUNJABversusHARI SINGH & ORS.

2009 INSC 193Dismissed

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

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

2009 INSC 194Appeal(s) allowed

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

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

2009 INSC 195Case Partly allowed

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

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

2009 INSC 196Disposed off

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

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

2009 INSC 182Dismissed

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

BUDDHIST MISSION DENTAL COLLEGE. & HOSPITALversusBHUPESH KHURANA & OTHERS

2009 INSC 183Disposed off

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

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

2009 INSC 184Dismissed

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

PRAGJYOTISH GAONLIA BANK & ANR.versusBRIJLAL DAS

2009 INSC 185Appeal(s) allowed

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

GOPALversusSTATE OF RAJASTHAN

2009 INSC 186Appeal(s) allowed

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

STATE OF M.P.versusABDUL KADIR & ANR.

2009 INSC 187Appeal(s) allowed

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

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

2009 INSC 188Appeal(s) allowed

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

SPECIAL LAND ACQUISITION OFFICERversusCHANDRAMMA (DEAD) BY LRS.

2009 INSC 189Case Partly allowed

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

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

2009 INSC 190Dismissed

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

BIHARI LAL RADAversusANIL JAIN (TINU) & ORS.

2009 INSC 181Appeal(s) allowed

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

VINODANversusVISHWANATHAN

2009 INSC 155Disposed off

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

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

2009 INSC 156Appeal(s) allowed

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

CC (PREVENTIVE) AMRITSARversusM/S. MALWA INDUSTRIES LTD

2009 INSC 157Dismissed

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

CHAIRMAN, GANGA YAMUNA GRAMIN BANK & ORS.versusDEVI SAHAI

2009 INSC 158Appeal(s) allowed

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

UNION OF INDIAversusDHARAM PAL ETC.

2009 INSC 159Appeal(s) allowed

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

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

2009 INSC 161Case Partly allowed

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

RAGHAVENDRA RAO ETC.versusSTATE OF KARNATAKA & ORS.

2009 INSC 162Dismissed

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

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

2009 INSC 164Appeal(s) allowed

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

STATE OF U.P.versusSUKHPAL SINGH & OTHERS

2009 INSC 166Appeal(s) allowed

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

S.P. DEVARAJUversusSTATE OF KARNATAKA

2009 INSC 167Dismissed

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

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

2009 INSC 168Appeal(s) allowed

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

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

2009 INSC 169Appeal(s) allowed

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

STATE OF U.P.versusSHEO LAL & ORS.

2009 INSC 170Appeal(s) allowed

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

G. VIVEKANANDANversusSRIRAMULU & ORS.

2009 INSC 171Disposed off

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

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

2009 INSC 172Dismissed

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

RAM NARESH PRASADversusSTATE OF JHARKHAND & ORS.

2009 INSC 173Case Partly allowed

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

ASHABAI MACHINDRA ADHAGALEversusSTATE OF MAHARASHTRA AND ORS.

2009 INSC 154Appeal(s) allowed

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

KANNIKAversusMOOKAIAH & ANR.

2009 INSC 175Case Partly allowed

The accused Kannika was convicted by the trial court under IPC sections 306 (abetting suicide) and 294(8) (obscene acts). The appellate court acquitted him, but the Madras High Court, on revision, restored the conviction. The Supreme Court was approached to examine whether the High Court erred by …

MILIND BHAGWANRAO GOOSEversusSTATE OF MAHARASHTRA & ANOTHER

2009 INSC 174Dismissed

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

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

2009 INSC 176Appeal(s) allowed

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

SANTOKH SINGHversusSTATE OF PUNJAB

2009 INSC 177Case Partly allowed

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

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

2009 INSC 178Dismissed

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

SHARADversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 179Dismissed

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

NARAYANAN RAJENDRAN & ANOTHERversusLEKSHMY SAROJINI & OTHERS

2009 INSC 180Appeal(s) allowed

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

PUNJAB STATE ELECTRICITY BOARD AND OTHERSversusJAGJIWAN RAM AND ORS.

2009 INSC 160Appeal(s) allowed

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

TUSHAR D. BHATTversusSTATE OF GUJARAT & ORS.

2009 INSC 163Dismissed

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

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

2009 INSC 165Appeal(s) allowed

The case involved an appeal by J. Kumaradasan Nair & Anr. against Iric Sohan & Ors. concerning the applicability of Section 14 of the Limitation Act, 1963, after the appellants had prosecuted appeals in the wrong forum and cited an incorrect provision. The Kerala High Court had held that Section 14 …

STATE OF U.P.versusGAJADHAR SINGH AND ORS.

2009 INSC 144Dismissed

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

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

2009 INSC 150Case Partly allowed

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

ASHOK SHARMAversusRAM ADHAR SHARMA

2009 INSC 151Dismissed

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

M/S NANDAN BIOMATRIX LIMITEDversusD 1 OILS LIMITED

2009 INSC 153Appeal(s) allowed

The applicant, a seed‑cloning business, entered into a Supply Agreement with the respondent that contained a clause stating that any dispute would be resolved by "institutional arbitration" under the Arbitration and Conciliation Act, 1996. The respondent argued that the clause was vague because it …

ELIAMMA & ANR.versusST ATE OF KARNAT AKA

2009 INSC 139Case Partly allowed

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

STATE OF MAHARASHTRA ETC.versusDHANENDRA SHRIRAM BHURLE ETC.

2009 INSC 140Appeal(s) allowed

The State of Maharashtra appealed against a Nagpur Bench order of the Bombay High Court that granted bail to the accused Dhanendra Shriram Bhurle and others, who were charged under the Unlawful Activities (Prevention) Act, 1967, the Arms Act, 1959 and the Indian Penal Code. The High Court had …

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

2009 INSC 141Dismissed

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

STATE OF KARNATAKAversusNINGAPPA @ BHYRAPPA @ NINGEGOWDA & ANR.

2009 INSC 142Appeal(s) allowed

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

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

2009 INSC 143Appeal(s) allowed

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

STATE OF PUNJABversusPRITAM CHAND AND ORS.

2009 INSC 145Disposed off

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

VADAMALAIversusSYED THASTHA KEER

2009 INSC 146Appeal(s) allowed

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

KALAWATI W/O DEVAJI DHOTEversusSTATE OF MAHARASHTRA

2009 INSC 147Dismissed

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

CHINNAPONNUversusSTATE OF TAMIL NADU

2009 INSC 148Case Partly allowed

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

JAYASEELANversusSTATE OF TAMIL NADU

2009 INSC 149Dismissed

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

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

2009 INSC 152Appeal(s) allowed

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

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

2009 INSC 137Dismissed

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

VIJAY KUMAR & ANR.versusDHARAM PAL & ORS.

2009 INSC 136Dismissed

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

SHAKUNT ALA DEVI & ORS.versusCHAMRU MAHTO & ANR.

2009 INSC 138Dismissed

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

CHAMAN LAL SINGHALversusHARYANA URBAN DEVELOPMENT AUTHORITY & ORS.

2009 INSC 120Disposed off

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

ANILARIversusSTATE OF WEST BENGAL

2009 INSC 121Appeal(s) allowed

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

D. SHANMUKHA SUNDARAMMAversusD. SUNEETHA AND ORS.

2009 INSC 122Case Partly allowed

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

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

2009 INSC 123Appeal(s) allowed

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

ORIENTAL INSURANCE CO. LTD.versusVIMLA DEVI & ORS.

2009 INSC 124Case Partly allowed

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

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

2009 INSC 125Case Partly allowed

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

RAVINDRA SHALIK NAIK AND ORS.versusST ATE OF MAHARASHTRA

2009 INSC 126Case Partly allowed

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

DHUK SINGHversusSTATE OF RAJASTHAN & ANR.

2009 INSC 127Disposed off

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

PRASAD @ HARI PRASAD ACHARYAversusST ATE OF KARNATAKA

2009 INSC 128Appeal(s) allowed

The appellant was convicted under IPC sections 447, 376(2)(g), 506 read with 34 for house‑trespass, rape and criminal intimidation. The Karnataka High Court upheld the conviction, but the Supreme Court was approached on the ground that the High Court’s order was practically non‑reasoned and …

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

2009 INSC 129Disposed off

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

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

2009 INSC 131Disposed off

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

RITU MAHAJANversusINDIAN OIL CORPORATION & ORS.

2009 INSC 132Disposed off

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

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

2009 INSC 133Disposed off

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

KOMALversusSTATE OF M.P.

2009 INSC 134Appeal(s) allowed

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

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

2009 INSC 135Dismissed

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

GODREJ & BOYCE MANUFACTURING CO.LTD.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 111Case Allowed

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 …

ANGANA & ANR.versusSTATE OF RAJASTHAN

2009 INSC 112Disposed off

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 …

SHAIKH KARIMULLAH @ BABU AND ORS.versusSTATE OF A.P.

2009 INSC 113Case Partly allowed

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 …

COLLECTOR OF GANJAM AND ANR.versusRAMESH CHANDER PADHI

2009 INSC 114Appeal(s) allowed

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 …

RADHEY SHYAM AGGARWALversusSTATE N.C.T. DELHI

2009 INSC 115Disposed off

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 …