Judgments of 2009

The Motor Accident Claims Tribunal awarded compensation to the dependents of a deceased victim of a bus accident, finding that the driver did not possess a valid licence. The Tribunal directed the insurer, New India Assurance Co., to pay the compensation and to recover the amount from the driver and the bus owner. The …

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. entered into a distribution agreement with M/s S. Bhatia Enterprises that contained an arbitration clause designating the court at Jhansi, U.P., as the forum for disputes. Disagreements led to the appointment of two different arbitrators, each issuing an award, and the parties …

In a Gram Panchayat election, the second respondent was declared Sarpanch. The first respondent filed an election petition before the Sub‑Divisional Officer (the Specified Officer), who ordered a recount and dismissed the petition based on that recount. The High Court held that the Specified Officer lacked jurisdiction…

The case concerned the appointment of the Head Master of a private aided higher secondary school in Tamil Nadu. The school’s Selection Committee chose the candidate by secret ballot, appointing the respondent who received more votes. The appellant challenged this, arguing that promotion should be based on merit, senior…

The husband appealed against a magistrate's order granting maintenance to his wife and three children under Section 125 of the CrPC. The children, who were minors when the order was made, later attained majority or married, and the wife filed execution applications seeking arrears for periods after those events. The lo…

The Supreme Court examined whether daily‑wage employees appointed without following recruitment rules were entitled to "equal pay for equal work" with regular staff. It held that the doctrine, rooted in Article 39(d) and Article 14 of the Constitution, can be invoked only when the claimants perform equal work of equal …

The case arose when a group of railway employees assaulted a senior officer who was about to board a train after superannuation, threatening his life and creating a violent scene at the station. The disciplinary authority, invoking Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 and clause (b) o…

The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of possession. The trial cour…

The brothers Narinder Kumar Malik and Surinder Kumar Malik were parties to a partition suit concerning a jointly owned industrial plot. While the suit was pending, they executed a Memorandum of Understanding (MOU) on 9 February 2005 whereby Narinder agreed to sell his 50% share to Surinder for Rs. 3.50 crore, with an a…

The appellant, a Member of the Legislative Assembly, was accused of obtaining large sums of public money through fabricated medical reimbursement claims. The matter was referred to the Legislature's Ethics Committee, which, after the appellant's apology and partial refund, recommended withdrawal of the criminal case. T…

The respondent voluntarily retired from United Bank of India in May 1989 after about 17 years and 10 months of service and later applied for pension under the United Bank of India (Employees) Pension Regulations, 1995. The bank rejected his claim, stating he had not completed the required 20 years of qualifying service…

The appellants, owners of agricultural land in Ghewra village, challenged the compensation awarded for land acquired for a bottling plant, arguing that the market value fixed by the High Court was too low and that three sale deeds had been ignored. The High Court, relying on its earlier decision in Ranjit Singh v. Unio…

The Supreme Court heard a civil appeal filed by the Union of India challenging the transfer orders of two income‑tax officers who had voluntarily agreed to revert from the post of Upper Division Clerk (UDC) to Lower Division Clerk (LDC) to obtain a transfer from the Gujarat charge to the Kerala charge. The respondents …

The petitioners, members of Scheduled Castes who had migrated to Delhi, challenged a circular issued by the National Capital Territory that denied them reservation benefits in Delhi's subordinate services, arguing that they should retain their SC status under the Presidential orders. The Court examined whether Article …

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

The State of Karnataka challenged a Karnataka Land Reforms Tribunal order that declared a partnership firm to be holding 368.16 acres of agricultural land in excess of the ceiling limit. The State alleged fraud by the declarants and the Tribunal's secretary (Tahsiladar) and filed a review petition more than 14 years af…

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

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

The State of Andhra Pradesh prosecuted V.V. Panduranga Rao for the murder of his wife under IPC s.302, alleging he also attempted suicide. The trial court convicted him, but the High Court acquitted, finding the mother’s testimony unreliable, the telephonic report to police not recorded in writing, no forensic blood‑gr…

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

The appellant, a Sub‑Engineer of the Maharashtra State Electricity Board, was convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act for demanding Rs 100 as a bribe to issue a gate pass. The Supreme Court examined whether the gratification was "trivial" under Section 4 of the Act and…

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 preferential allotment of …

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, invoking section 3(vii) of …

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 Rs.40,226, finding …

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 declaration (Exhibit P‑1) …

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 Section 34 of the IPC…

The appellant, Dalip Singh, sought to set aside an ex‑parte order that declared 18.22 acres of his late father Praveen Singh's land surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder had been served a notice in 1975 but failed to object; an ex‑parte order was made in Dec…

The incident occurred on 18 February 1984 when the appellant Bhagwati Prasad and other accused, armed with a spear and lathis, obstructed the complainants from opening an irrigation canal. When the deceased Ramgopal intervened, the appellant allegedly struck him on the back with a spear, causing injuries that led to hi…

The contractor, Ravindra Kumar Gupta & Co., completed civil works for the Union of India and later claimed losses due to delays and hold‑ups. An arbitrator under the Arbitration Act, 1940 examined the evidence and awarded relief, finding that the Union was at fault for delayed payments and other defaults. The Union cha…

The respondent, an accountant employed by M/s Reetu Marbles, was terminated on 11 June 1987. The Labour Court held the termination illegal, ordered reinstatement but denied any back wages, noting the respondent failed to prove he was unemployed during the 15‑year gap before the award. The Allahabad High Court modified …

The appellants, successors of protected tenants, sought ownership certificates under Section 38‑E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, which were challenged by the respondents who claimed purchase of the land from the original landlord. The Revenue Divisional Officer and the …

The Supreme Court examined whether Priyanka Estates International Ltd. and its directors could lawfully construct six to eight floors in a building for which only a five‑and‑a‑half‑floor plan had been sanctioned by the Guwahati Municipal Corporation (GMC). The Court held that the Standing Appellate Committee's order di…

In an eviction suit under the Madhya Pradesh Accommodation Control Act, the appellant Dashrath Rao Kate sought to be impleaded as the legal representative of the deceased owner Sukhiabai on the basis of a Will. The trial court, after a full inquiry under Order 22 Rule 5 of the CPC, held the Will proved and allowed the …

The trustees of Gangai Vinayagar Temple leased a plot for a theatre; the lessee died and the trustees sold the land to third parties. The lessees sued for injunction, claiming the sale was void because the property was a public temple and required sanction under the Hindu Religious Institutions Act. Parallel suits for …

The State of Uttar Pradesh prosecuted Santosh Kumar and others for the murder of Sunita, alleging dowry harassment. The trial court convicted Santosh Kumar under sections 302, 498‑A IPC and sections 3 and 4 of the Dowry Prohibition Act, acquitting him of section 304‑B IPC. The Allahabad High Court set aside the convict…

The plaintiff, H.V. Vedavyasachar, sued Shivashankara and others for a permanent injunction and a mandatory injunction directing possession of the suit property. The trial court decreed the suit. On appeal, the respondents filed an application under Order 41 Rule 27 CPC to adduce additional evidence, which was allowed,…

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 IPC sections 420, 46…

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 appellants applied …

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 non‑obstante clause, and…

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 in 2001, later amend…

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 arguing that the lease ord…

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 were terminated in A…

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 cost, and the meter…

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 that the accused had j…

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, 477‑A and Section 34 (co…

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 Consumer Disputes Redressa…

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 Das under IPC s.302 r…

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 quantity for sentenci…

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 convicted the appel…

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 qualification or qualifying ex…

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 acquisition under Sectio…

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 Criminal Procedure.…

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. The Supreme Court he…

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 bail order, but the Su…

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 presence of a senior…

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 accused. The Rajast…

The appellant, the complainant, challenged a bail order granted by the Allahabad High Court to accused Kamal Singh, who was charged with murder and related offences. The High Court had allowed bail on the basis of a ballistic report stating that the pellets recovered from the victim could not have been fired from the a…

The deceased Mahesh Chandra Verma, aged 45, died in a bus accident caused by the negligent driver of a bus owned by U.P. State Road Transport Corporation. A claim for compensation under Section 110 of the Motor Vehicles Act, 1939 was filed before the Motor Accidents Claim Tribunal, which assessed the deceased’s monthly…

The respondent, Bir Bahadur Singh Rathour, was appointed as a Lower Division Clerk by Samarth Shiksha Samiti, a society registered under the Societies Registration Act, and posted in one of its schools. He was later promoted to Upper Division Clerk, transferred to the Samiti’s central office, and subsequently suspended…

The State of Madhya Pradesh prosecuted Ramesh (alias Chhinge) and three others for the murder of Ramavtar and attempted murder of two others. The trial court convicted them under IPC s.302 and s.302 r.w. s.34, and also under the Arms Act. The Madhya Pradesh High Court acquitted the accused, relying on alleged discrepan…

The petitioner, Dalbir Singh, filed a writ petition alleging that his 17‑year‑old son, Somvir Singh (Sonu), died as a result of custodial torture by Noida police and that the police attempted to portray the death as a suicide. The State of Uttar Pradesh responded that an FIR had been lodged, police officials were charg…

The case arose from a consolidation proceeding under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, where orders passed in 1981‑82 were challenged by two respondents who were minors at the time. They filed a revision application in 1993 before the Deputy Director Consolidation, which was allowed, and…

Jitendra Panchal was arrested in Austria, extradited to the United States and convicted under the US Controlled Substances Act for conspiracy to possess and distribute hashish, serving a 54‑month sentence. After deportation to India, he was arrested by the Narcotics Control Bureau and charged under the NDPS Act for imp…

Nine persons were convicted of murder under IPC s.302 read with s.149, 147 and 148 based largely on the testimony of PW‑6, the brother of the deceased. Three of the convicted appealed, arguing that PW‑6, being a close relative, was a partisan witness and that the dying declaration did not name them. The Supreme Court h…

The State of Punjab appealed the acquittal of Ginder Singh and his second wife Manjit Kaur, who had been convicted by a trial court for murder (Sec. 302 IPC) and conspiracy to murder (Sec. 201 IPC) of Bant Singh. The prosecution relied on two eye‑witnesses – the deceased’s brother and a friend – and alleged that the ac…

Julien Educational Trust, which runs a school, sought to purchase adjacent land owned by eight co‑sharers for expansion. An oral agreement was reached, draft deeds were prepared and approved by most sellers, but execution was delayed and the sellers later attempted to sell the land to third parties. The Trust filed a s…

The dispute arose when a servant, Shanichar, left Satish Chandra's tea shop over wage issues and joined Rakesh Bahal. This led to a heated altercation during which Rakesh Bahal, armed with a knife, inflicted injuries on Satish Chandra. Rakesh, his mother Raj Bahal and sister Neelam Bahal were convicted by the trial cou…

The State of Uttar Pradesh issued a 2006 notification to bring 1,000 unaided A‑class Junior High Schools (classes 6‑8) into a grant‑in‑aid scheme, but conditioned eligibility on the schools not offering education below or above those classes. Several institutions that had been recognized as Junior High Schools between …

The Pazhassi Raja Charitable Trust sought to have its Malayalam film "Pazhassi Raja" screened as a special entry at the International Film Festival of India 2009, but the Feature Film Jury rejected it. The Trust filed multiple writ petitions in the Delhi High Court, which denied interim relief, prompting a Special Leav…

The appellant issued a cheque of Rs.95,000 to discharge a lawful debt, which was later dishonoured for insufficient funds. He was convicted under Section 138 of the Negotiable Instruments Act and sentenced, with the conviction affirmed by the High Court. The parties subsequently settled their dispute and sought to comp…

The Kashi Math Samsthan and its successor appellant filed a suit seeking a declaration that the appellant was the 21st Mathadhipathi and an injunction restraining the incumbent Mathadhipathi from exercising his powers. The trial court granted a temporary status‑quo injunction during the suit, but later dismissed the su…

The petitioners challenged the prospectus of Maharshi Dayanand University for MD/MS/PG courses, alleging that the absence of reservation for Scheduled Caste and Scheduled Tribe candidates violated Article 15(4) of the Constitution. The High Court dismissed the writ petition and the appellants appealed to the Supreme Co…

The Income Tax Officer appealed against the deduction claimed by Arihant Tiles & Marbles (P) Ltd. under Section 801A of the Income Tax Act, 1961 for the assessment year 2001‑2002. The assessee converted raw marble blocks into polished slabs and tiles through a series of processes – sorting, sawing, cutting, crack‑filli…

Bombay Anand Bhavan Restaurant, a proprietorship engaged in preparing sweets, savories, coffee and tea, employed more than ten workers and used LPG gas to operate a bottle cooler and coffee roaster. The Deputy Director of the Employees' State Insurance (ESI) Corporation directed the restaurant to pay contributions unde…

The Supreme Court considered appeals by Babubhai Jamnadas Patel challenging the Gujarat High Court's orders directing the police to file progress reports and monitor the investigation of FIR No.187/2008 relating to alleged offences under Sections 420, 465, 466, 467 and 120‑B IPC. The issue was whether a High Court may …

The case concerned land originally resumed in 1955, where a Tahsildar's 1976 order granted a share of the land to Shivgonda Patil. After the death of the original occupier, his heirs sought revision of that order in 1993. The Sub‑Divisional Officer, invoking Section 257 of the Maharashtra Land Revenue Code, 1966, set a…

The case arose from a long‑standing land dispute in which the deceased and his brother were assaulted, and subsequently PW‑6, an injured witness, was chased and assaulted by eight accused, sustaining grievous injuries. The trial court acquitted the accused of both the murder charge (s.302 IPC) and the grievous hurt cha…

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

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

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

The appellant Oriental Insurance Co. Ltd. challenged a Madras High Court order that held it liable to pay compensation for a motor accident that occurred on 28 May 1996. The insurance policy was issued on the same day but expressly stated that its coverage would be effective from 29 May 1996 to 28 May 1997. The High Co…

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 factory, however, rema…

The Gupta group, originally holding a 50.9% stake in Aar Gee Board Mills, alleged that the Garg group illegally allotted 9,507 equity shares, reducing the Gupta shareholding to a minority and constituting oppression and mismanagement under Sections 397 and 398 of the Companies Act, 1956. The Company Law Board set aside…

The appeal concerned whether a lottery ticket is a "good" for purposes of the Kerala General Sales Tax Act, 1963. The petitioner argued that the ticket, being a piece of paper, should attract sales tax, while the State contended that the purchaser's right to a conditional prize is an actionable claim excluded from the …

The respondent, Banibrata Ghosh, was initially appointed as an Assistant Teacher on a temporary basis to fill a leave vacancy and later continued in the post after the vacancy became permanent following the resignation of the incumbent. He filed a writ petition seeking regularisation of his service in the permanent pos…

The respondents, driven by a prior enmity, tied and assaulted the victim, pressing his mouth and chopping off the lower part of his left leg. The trial court convicted them under Section 307 read with Sections 148 and 149 of the Indian Penal Code and sentenced each to five years' rigorous imprisonment. The High Court a…

Punjab Financial Corporation (PFC) had granted a term loan of Rs 24.25 lakh to M/s Surya Auto Industries, secured by mortgage of immovable property. The borrower defaulted, paying only Rs 2.70 lakh, ignored several statutory notices and refused concessions offered by PFC. PFC invoked Section 29 of the State Financial C…

The appellant, Wahid Khan, was convicted under Section 376 of the IPC for raping a 12‑year‑old girl, while being acquitted of Section 366. The prosecution relied on the consistent testimony of the victim, an FIR lodged immediately after the incident, and the eyewitness account of a police sub‑inspector who caught the a…

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) awarded contracts to Bennett Coleman & Co. Ltd. and Prithvi Associates for the modernization of bus queue shelters without inviting a fresh public tender, invoking the proviso to sub‑section (2) of Section 460M of the Mumbai Municipal Corporation Act, 1…

The appellant Sukhdeep Singh was charged with murder under IPC s.302 for allegedly firing at his rival, Karam Singh, resulting in death. The trial court acquitted him, holding that the eyewitness testimony conflicted with the medical report and that the recovered .303 cartridge could not have been fired from the accuse…

Ranvir Singh challenged two criminal complaints filed by Smt. Ved Wati under the Prevention of Corruption Act, alleging that the first complaint (1999) and a later complaint (2002) were dismissed because the complainant failed to pay the process fee. He argued that a second complaint on the same facts could not be ente…

Anita Nandrajog, an accounts clerk of Bank of Baroda, was absent without leave for more than 150 consecutive days on multiple occasions. The bank invoked Clause 17(b) of the Fifth Bipartite Settlement (dated 10‑April‑1989) and issued a notice on 26‑June‑1989 requiring her to report within 30 days, failing which she wou…

The appellant Sushil Kumar was convicted of murdering his wife and two young children and was sentenced to death. The prosecution proved the murders through eyewitness testimony, forensic evidence, and the appellant's own disclosure memo, while the alibi he claimed was rejected as contradictory. The Supreme Court exami…

The respondents had taken a fire insurance policy from New India Assurance for their factory. On 8 January 1999 a short‑circuit in the main switchboard caused a flash‑over, generating intense heat that charred the panel, produced smoke and ultimately led to a fire which damaged the boiler and other plant equipment. The…

The appellant Dhanapal and co‑accused were acquitted by the Sessions Judge of offences under IPC ss.307, 302 read with s.34. The Madras High Court set aside the acquittal, convicted them and imposed life imprisonment and five years. On appeal, the Supreme Court examined whether the High Court was justified in overturni…

The appellant, a telecom authority, disconnected a telephone line for non-payment of the bill. The respondent filed a complaint before the District Consumer Disputes Redressal Forum, which ordered reconnection and payment of Rs.5,000 compensation with interest. The appellant challenged the forum's jurisdiction via a wr…

Anil Kumar Jain and Maya Jain, married in 1985, filed a joint petition for mutual divorce under Section 13‑B of the Hindu Marriage Act in 2004. After the statutory six‑month period, the wife withdrew her consent, stating she did not want the marriage dissolved, leading the trial court and the High Court to dismiss the …

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

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

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

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

Vikram Singh was convicted in 1998 for a crime committed on 20‑02‑1996 and sentenced to life imprisonment. He contended that he was a juvenile at the time of the offence, being born on 04‑05‑1980, and therefore entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in 20…

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

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

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

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

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

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

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

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

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

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