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Judgments of 2009

1317 judgments · newest first · showing 1201–1317

ZINDAR ALI SKversusSTATE OF WEST BENGAL & ANR.

2009 INSC 116Disposed off

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

STATE OF HARYANA AND ANR.versusDHARAM SINGH & ORS.

2009 INSC 117Disposed off

The respondents, who were working as J.B.T. teachers, were promoted to the post of Headmaster on the basis of seniority‑cum‑merit and claimed entitlement to promotional increments. The Punjab and Haryana High Court allowed their writ petition, relying on an earlier decision (State of Haryana v. …

ARJUN SINGHversusSTATE OF H.P.

2009 INSC 118Case Partly allowed

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

STATE OF ORISSAversusGOVERNMENT OF INDIA & ANR.

2009 INSC 119Disposed off

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

FULENA SINGHversusVIJAY KUMAR SINHA & ORS.

2009 INSC 103Appeal(s) allowed

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

ST ATE OF MAHARASHTRAversusKRISHNARAO DUDHAPPA SHINDE

2009 INSC 104Case Partly allowed

Krishnarao Dudappa Shinde, a police inspector, was convicted under Section 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing wealth disproportionate to his known sources of income. The Bombay High Court acquitted him, holding that assets acquired before the Act’s commencement on …

M/S PRECIOUS OIL CORPORATION AND ORSversusSTATE OF ASSAM

2009 INSC 102Dismissed

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

SAHARA INDIA COMMERCIAL CORPN. LTD.versusB. JEEJEEBHOY VAKHARIA AND ORS.

2009 INSC 105Disposed off

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

MASOOD ALI KHANversusSTATE OF U.P. AND ORS.

2009 INSC 106Appeal(s) allowed

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

K. SUDHAKARANversusSTATE OF KERALA

2009 INSC 107Case Partly allowed

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

UNITED INDIA INSURANCE CO. LTD.versusBINDU AND ORS.

2009 INSC 108Case Partly allowed

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

M/S. VARSHA PLASTICS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2009 INSC 109Dismissed

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

FARIDABAD GAS POWER PROJECT, NTPC LTD. ETC.versusOM PRAKASH & ORS. ETC.

2009 INSC 110Disposed off

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

ASHOK KUMARversusSTATE OF U.P. AND ANR.

2009 INSC 94Disposed off

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 …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHANTI DEVI AND ORS.

2009 INSC 95Case Partly allowed

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 …

SAMARTH SHIKSHA SAMITI & ANR.versusBIR BAHADUR SINGH RATHOUR & ORS.

2009 INSC 96Appeal(s) allowed

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 …

STATE OF M.P.versusRAMESH @ CHHINGE & ORS.

2009 INSC 97Appeal(s) allowed

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 …

DALBIR SINGHversusSTATE OF U.P. AND ORS.

2009 INSC 98Disposed off

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 …

AJAB SINGH & ORS.versusANTRAM AND ORS.

2009 INSC 99Dismissed

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, …

JITENDRA PANCHALversusINTELLIGENCE OFFICER, NCB & ANR.

2009 INSC 100Dismissed

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 …

MOHABBAT AND ORS.versusSTATE OF M.P.

2009 INSC 101Case Partly allowed

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. …

STATE OF PUNJABversusGINDER SINGH

2009 INSC 93Dismissed

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 …

GIRDHAR GOPAL GUPTA AND ORS.versusAAR GEE BOARD MILLS PVT. LTD. AND ORS.

2009 INSC 89Dismissed

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 …

STATE OF KERALA & ORS.versusMINI SHAMSUDIN & ORS.

2009 INSC 92Dismissed

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 …

STATE OF WEST BENGAL & ORS.versusBANIBRATA GHOSH & ORS.

2009 INSC 90Appeal(s) allowed

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 …

STATE OF M.P.versusKASHIRAM & ORS.

2009 INSC 91Appeal(s) allowed

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 …

SURENDRA KUMAR BHATIAversusKANHAIYA LAL & ORS.

2009 INSC 88Case Partly allowed

The case arose from a dispute over land acquired for a housing scheme where owners and power‑of‑attorney holders allegedly colluded with a Special Officer of the Rajasthan Housing Board to obtain allotment pattas fraudulently. An FIR was lodged under sections 420, 467, 468 and 471 IPC. The …

SECRETARY, BHUBANESWAR DEVELOPMENT AUTHORITYversusSUSANTA KUMAR MISHRA

2009 INSC 87Appeal(s) allowed

The Bhubaneswar Development Authority (BDA) allotted a MIG house to Susanta Kumar Mishra under a lease‑cum‑sale agreement dated 6‑May‑1991, which required quarterly instalments to be paid from 1‑Sept‑1989 and stipulated interest of 15% per annum on any defaulted instalment. Mishra began paying …

MADHUMATI ATCHUT PARASversusRAJARAM V. PARAB & ORS.

2009 INSC 86Appeal(s) allowed

The appellant, owner of agricultural land in Goa, sought a declaration from the Mamlatdar that certain occupants were not tenants under the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The Mamlatdar granted a negative declaration, which was later set aside by the High Court on the ground that …

KAMLAKAR BHIMRAO PATILversusMAHARASHTRA INDUSTRIAL DEV. CORPN.

2009 INSC 80Disposed off

The appellant, a director of M/s Everest Realtors Private Ltd., deposited money for land allotted by the Maharashtra Industrial Development Corporation (the Corporation) but the Corporation later sent a letter refusing to consider the allotment and returned the pay orders without giving any reason. …

PARMANAND SINGHversusUNION OF INDIA AND ORS.

2009 INSC 81Disposed off

Parmanand Singh applied for the post of Extra Departmental Branch Post Master, but the Central Administrative Tribunal (CAT) rejected his claim on two grounds: alleged encumbrance of his land and his failure to produce original qualification certificates. The Patna High Court upheld the CAT's …

KISHANGIRI MANGALGIRI GOSWAMIversusSTATE OF GUJARAT

2009 INSC 82Case Partly allowed

The appellant, Kishangiri Mangalgiri Goswami, was convicted for abetment of suicide under s.306 IPC, cruelty and dowry harassment under s.498A IPC, and for dowry demand under s.3 of the Dowry Prohibition Act, based largely on letters he allegedly wrote demanding Rs.40,000. He appealed, arguing that …

VAARIKUPPAL SRINIVASversusSTATE OF A.P.

2009 INSC 83Dismissed

The appellant, Vmrikuppal Srinivas, was convicted under Sections 498A and 3048 of the IPC for causing the death of his wife by acid. The conviction was based primarily on the victim's dying declaration recorded by a magistrate and an earlier statement to a police constable. On appeal, the appellant …

SURAIN SINGHversusSTATE OF PUNJAB

2009 INSC 74Case Partly allowed

Surain Singh, a Patwari, demanded Rs 300 as illegal gratification for entering a mutation entry and was caught red‑handed. He was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to two years’ rigorous imprisonment. On appeal he claimed that the complainant bore …

RAMCHANDRA DHONDIBA KAWAREversusST ATE OF MAHARASHTRA

2009 INSC 75Case Partly allowed

The appellant, Ramchandra Dhondiba Kaware, was convicted by the Sessions Court and upheld by the Bombay High Court for murder (s.302 IPC) of Keru after being identified by two eye‑witnesses. On appeal, the Supreme Court examined the credibility of the witnesses, PW‑1 and PW‑4, and found their …

STATE OF ORISSA AND ORS.versusBALRAM SAHU

2009 INSC 77Disposed off

Balram Sahu, a Super Class Contractor, challenged the cancellation of his licence and forfeiture of his security deposit. The Orissa High Court, on 13 May 2004, ordered that no cancellation could occur without a show‑cause notice and a hearing. Despite this, the Chairman of the Committee cancelled …

RAJ KUMAR SINGHversusUNION OF INDIA & ORS.

2009 INSC 78Dismissed

Raj Kumar Singh, a rifleman in the Assam Rifles, filed a writ petition claiming he was removed from service on the ground of desertion, alleging that his resignation was not voluntary and that his signature was obtained on a blank paper while he was in illegal detention. The Union of India contended …

APARNA GOYALversusRAKESH GOYAL

2009 INSC 73Disposed off

In a matrimonial dispute between Aparna Goyal (wife) and Rakesh Goyal (husband), the parties appeared before the Supreme Court Lok Adalat on 6 December 2008 and, with the help of mediators, reached a settlement. The settlement provided that the husband would pay Rs.10,00,000 to the wife as full and …

AU. KURESHIversusHIGH COURT OF GUJARAT & ANR.

2009 INSC 79Appeal(s) allowed

The appellant, a civil judge of the Gujarat Judicial Service, was accused of misconduct for acquitting an accused and returning seized money, leading to a departmental inquiry and a recommendation for dismissal by the High Court's Disciplinary Committee. The High Court then recommended the dismissal …

SHRI RAJENDRA RAMCHANDRA KAVALEKARversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 57Disposed off

The appellant, Rajendra Ramchandra Kavalekar, was accused of obtaining a forged degree from Ranchi University in collusion with university officials and using it to secure employment with ITDC. The CBI filed a case in Ranchi, Jharkhand, under sections 120(b), 420, 467, 468, 471 of the IPC and …

NATIONAL INSURANCE COMPANY LTD.versusMEENA AGGARWAL

2009 INSC 58Appeal(s) allowed

The appellant insurer denied a claim for damage to a Maruti van insured for personal use after it was involved in an accident while being used as a taxi and driven by a person without a valid licence. The District Consumer Forum upheld the denial, but the State Consumer Commission reversed it, …

MOHAN CHANDversusSTATE OF UTTARAKHAND

2009 INSC 59Dismissed

The appellant, a truck driver, was convicted under Section 376 of the Indian Penal Code for raping the prosecutrix, who was also assaulted by other accused persons. The appellant challenged the conviction on the ground that his name was not mentioned in the FIR, alleging false implication, and …

THE STATE OF WEST BENGAL & ORS.versusSOMDEB BANDYOPADHYAY & ORS.

2009 INSC 60Appeal(s) allowed

The State of West Bengal appealed a Calcutta High Court judgment that had allowed a writ appeal filed by Somdeb Bandyopadhyay, who sought restoration as Superintendent and ex‑officio Secretary of a technical institute after an enquiry withdrew his administrative functions. The High Court, despite …

EERATI LAXMANversusSTATE OF A.P.

2009 INSC 61Appeal(s) allowed

Eerati Laxman was convicted of murder under s.302 IPC for killing Pittala Chandrakala on 9 May 1994 and sentenced to life imprisonment. He contended that he was a juvenile under the Juvenile Justice Act, 1986, claiming his birth date was 10 May 1978, and thus had not attained the age of 16 at the …

VAKIL PRASAD SINGHversusSTATE OF BIHAR

2009 INSC 62Appeal(s) allowed

Vakil Prasad Singh, an Assistant Engineer of the Bihar State Electricity Board, was accused in 1981 of demanding a bribe and a charge‑sheet was filed in 1982. The case languished for decades, with the High Court ordering a fresh investigation in 1990 that was never completed, and a new charge‑sheet …

RAJESHversusSTATE OF RAJASTHAN AND ANR.

2009 INSC 63Disposed off

The petitioner, Rajesh, sought transfer of a criminal case (FIR No.352 dated 7‑12‑2005) under Sections 406, 498A read with Section 34 IPC, pending in the Judicial Magistrate First Class, Chittorgarh, to a court in Hissar. The matter was posted before the Supreme Court Lok Adalat on 6‑12‑2008, where …

UNION OF INDIAversusRATTAN MALLIK @ HABUL

2009 INSC 64Disposed off

The respondent, Ratian Mallik, was convicted under Sections 27A and 29 of the NDNDPS Act for financing and trading 14.9 kg of heroin and sentenced to ten years' rigorous imprisonment for each offence along with fines. He appealed the conviction and, while his appeal was pending, sought suspension of …

KHILARIversusSTATE OF U.P. & ORS.

2009 INSC 65Appeal(s) allowed

The appellants were convicted under Sections 302 and 506 of the IPC for the murder of Shiv Kumar. While the conviction was under appeal, the co‑accused (respondents 2 and 3) applied for bail under Section 389 of the CrPC. The Allahabad High Court granted bail without recording detailed reasons, …

MANAGING DIRECTOR, TNSTCversusSUGUNA AND ORS.

2009 INSC 66Case Partly allowed

A 24‑year‑old motorcyclist died when a bus owned by the appellant, TNSTC, collided with him in 1998. The deceased's widow and children filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accidents Claim Tribunal (MACT) fixed a notional monthly income of Rs.1,500 for …

M/S. ANSAL PROPERTIES & INDUSTRIES LTD.versusSTATE OF HARYANA & ANR.

2009 INSC 67Appeal(s) allowed

Ansal Properties & Industries Ltd., a colonizer, was directed by the Director, Town and Country Planning, Haryana to pay Rs.61,000 per gross acre as part of external development charges, allegedly for internal community buildings. The appellant contended that the demand was unauthorized because the …

GIRDHAR KUMAR DADHITCH AND ANR.versusST ATE OF RAJASTHAN AND ORS.

2009 INSC 68Dismissed

The appellants sought appointment to two vacant Physical Education Teacher posts after a 1998 recruitment, claiming they were entitled under the merit list prepared that year. The recruitment rules granting bonus marks were declared unconstitutional by the Rajasthan High Court in 1999, and the …

AMLAN JYOTI BOROOAHversusSTATE OF ASSAM AND ORS.

2009 INSC 69Dismissed

The Assam Police advertised 112 Sub‑Inspector vacancies requiring a written test, a physical ability test and an interview, with the interview to follow the two tests. The Selection Committee, however, conducted interviews before the physical test, a procedural deviation the Supreme Court held to be …

ACADEMY OF GENERAL EDU., MANIPAL & ANR.versusB. MALINI MALLYA

2009 INSC 56Dismissed

Dr. Karanth, a noted cultural figure, created a new form of Yakshagana ballet called Yaksharanga, comprising seven Prasangas, and bequeathed the copyright in these works to Malini Mallya by a will. The Academy of General Education performed the ballets without obtaining permission, leading the trial …

M/S BABA TRADING CO.versusVIDARBHA CHAMBER OF COMMERCE & INDUSTRIES & ORS.

2009 INSC 70Disposed off

The Civil Appeals (Nos. 390‑391 of 2009) concerned the extension of a commercial licence and the payment of the associated licence fee. The appellant, Mis Baba Trading Co., sought to continue as licencee beyond the original expiry date, while Respondent No. 6 (Mis Joshi Freight Carriers Dhule) …

U.P. STATE ROAD TRANSPORT CORP.versusISLAMUDDIN

2009 INSC 71Case Partly allowed

The claimant, Islamuddin, suffered injuries in a motor accident on 3 December 2002 near GT Road, Shahdara, Delhi and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (MACT) fixed a compensation of Rs. 3,00,598 but deducted 40% on the ground of contributory …

STATE OF KERALA & ORS.versusPRABHAVATHY THANKAMMA & ORS.

2009 INSC 72Dismissed

The petitioners challenged the Kerala Sales Tax authorities on the taxability of lottery tickets, arguing that they should be treated as "goods" under the sales tax statutes. The Supreme Court examined whether a lottery ticket, which is merely a paper evidencing a chance to win a prize, falls within …

NEW INDIA ASSURANCE CO. LTD.versusM/S ABHILASH JEWELLERY

2009 INSC 55Appeal(s) allowed

New India Assurance Co. Ltd. denied a claim by M/s Abhilash Jewellery for loss of gold that occurred while the jewellery was in the custody of an apprentice. The insurance policy covered loss while in the custody of the insured, his partner or his employees. The dispute turned on whether an …

SATVIRversusSTATE OF UTTAR PRADESH

2009 INSC 49Dismissed

Eight persons were tried for the murder of Hari Dutt Singh. The trial court convicted all under Section 302 read with Section 149 IPC and sentenced them to life imprisonment. On appeal, the High Court converted the convictions of Satvir (appellant), Ram Saran and Harbir to Section 302 read with …

SHIVA KARAM PAYASWAMI TEWARIversusSTATE OF MAHARASHTRA

2009 INSC 50Case Partly allowed

Shiva Karam Payaswami Tewari, employed at Hotel Premier, got into a sudden quarrel with the manager Muttukumar and struck him with a wooden log, causing Muttukumar's death. The accused made an extra‑judicial confession to a friend, admitting the incident. The trial court convicted him under IPC …

STATE OF MAHARASHTRAversusPRAKASH SAKHA VASAVE AND ORS.

2009 INSC 51Case Partly allowed

The State of Maharashtra prosecuted three accused—two brothers and their uncle—for the murder of Madhukar, alleging they acted out of jealousy over his illicit relationship. The trial court convicted them under IPC s.302 read with s.34 and sentenced the brothers to death and the uncle to life …

RANVEER SINGHversusSTATE OF M.P.

2009 INSC 52Dismissed

The appellant, Ranveer Singh, and his son Munnu were involved in a violent incident where the son shot and killed Lalita, the sister of the complainant, after the father allegedly instructed him to fetch a revolver. The trial court convicted the father under Section 302 IPC read with Section 109 (or …

ASIT KUMARversusSTATE OF WEST BENGAL & ORS.

2009 INSC 53Disposed off

The All Bengal Excise Licensees Association challenged the West Bengal government's policy of granting additional liquor licences, leading to a High Court stay order. A contempt petition alleging violation of that stay was dismissed, and the Supreme Court, in a prior judgment (All Bengal Licensees …

JAGDISH BAGRIversusRAJENDRA KUMAR LUHARIWALA AND ANR.

2009 INSC 54Disposed off

The appellant, Jagdish Bagri, was convicted under Section 138 of the Negotiable Instruments Act for issuing a Rs.1 lakh cheque as security for a Rs.2,30,000 instalment payment that he failed to make. The conviction was affirmed by the Additional Sessions Judge and the Calcutta High Court dismissed …

MUKHTIAR SINGH & ANR.versusSTATE OF PUNJAB

2009 INSC 40Dismissed

Mukhtiar Singh and his son Gurmail Singh were charged with the murder of Babu Singh under Sections 302 and 34 of the Indian Penal Code. The trial court acquitted them, rejecting the testimony of two eye‑witnesses – the deceased's son and widow – and deeming the prosecution case a fabricated story. …

U.P. STATE ELECTRICITY BOARD & ANR.versusAZIZ AHMAD

2009 INSC 41Disposed off

The respondent, a Boiler Overhauling Mechanic employed by the U.P. State Electricity Board, claimed that his post was equivalent to the Boiler Mistry/Fitter posts and therefore entitled to the higher 'Skilled‑A' pay scale under the principle of equal pay for equal work. The Industrial Tribunal and …

DAYA SHANKARversusSTATE OF M.P.

2009 INSC 42Appeal(s) allowed

The appellant, Daya Shankar, was convicted under Section 302 read with Section 34 of the IPC for the murder of Ram Kishore. The prosecution alleged that the appellant, along with three others—two armed—attacked the deceased, with the appellant allegedly pulling the victim's legs. The Supreme Court …

MUNNILAL S/O GOKUL TELIversusSTATE OF M.P.

2009 INSC 43Appeal(s) allowed

The appellant, Munni Lal, was convicted along with three co‑accused for the murder of Ram Kishore under Sections 302 and 34 of the Indian Penal Code. While the other three accused were armed, Munni Lal was unarmed and the prosecution alleged that he pulled the victim's leg, contributing to the …

BASKAR @ KANNANversusSTATE OF TAMIL NADU

2009 INSC 44Dismissed

The appellant, Baskar@Kannan, was convicted under Section 304 Part II of the IPC for his role in the fatal assault on the deceased, while another accused was convicted of murder under Section 302. The prosecution relied on the testimony of four eye‑witnesses, including PW‑1 who was also an injured …

JAGEBAR ALI @ SETTUversusSTATE OF TAMIL NADU

2009 INSC 45Dismissed

The appellant (A-1) and 14 others were tried for offences including murder, culpable homicide, and offences under the SC/ST (Prevention of Atrocities) Act. On 26 March 2001, after a quarrel, A-1 and co‑accused armed themselves and attacked four scheduled‑caste witnesses; A-1 delivered a fatal blow …

JAI SINGH & ORS.versusGURMEJ SINGH

2009 INSC 46Dismissed

The vendor Bhartu sold a 20-kanal portion (400/3723 share) of a jointly held land to the appellants, Jai Singh & Ors. The respondent, co‑sharer Gurmej Singh, filed a suit for possession invoking pre‑emption under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913, claiming a superior right to …

R. MANJULAversusV. RAJA

2009 INSC 47Disposed off

The wife filed a transfer petition seeking to move a matrimonial suit (H.M.P. No. 289 of 2005) from the Civil Court in Nasik, Maharashtra, to the Family Court in Vellore, Tamil Nadu. The Supreme Court directed the parties to appear before the Vellore District Mediation Centre. After several …

BALLI PETROCHEMICALS LIMITEDversusNATIONAL ALUMINIUM COMPANY LTD.

2009 INSC 48Dismissed

Balli Petrochemicals Ltd, a London‑incorporated company, entered into a global tender with NALCO, a Government of India undertaking, and disputes arose over the tender and a purchase order. Clause 16 of the tender required the appointment of a sole arbitrator, initially a former Chief Justice of …

FOMENTO RESORTS AND HOTELS LTD. AND ANOTHERversusMINGUEL MARTINS AND OTHERS

2009 INSC 39Dismissed

The Supreme Court examined the acquisition of land (survey Nos.803 and 804) by the State of Goa for a tourism development project undertaken by Fomento Resorts and Hotels Ltd. The Court had to decide whether the acquisition fell under Section 40(1)(aa) or Section 40(1)(b) of the Land Acquisition …

HAWA SINGH AND ANR.versusSTATE OF HARYANA

2009 INSC 34Dismissed

Hawa Singh and several co‑accused entered the house of Man Singh armed with swords and other weapons with the intention of teaching him a lesson. Hawa Singh struck Man Singh on the head with a sword, causing fatal injuries. The trial court convicted the accused under Section 302 IPC read with …

BHAGWAN SARUP NAGAR (D) BY LRSversusRAM KISHAN

2009 INSC 35Appeal(s) allowed

The plaintiff, Bhagwan Sarup Nagar, claimed ownership of a house and had licensed his cousin, Ram Kishan, to occupy two rooms. After revoking the licence on 27 September 1991, the defendant refused to vacate, prompting the plaintiff to sue for a mandatory injunction, possession, and mesne profits. …

RAJ NATHversusSTATE OF U.P.

2009 INSC 36Dismissed

The appellant Raj Nath, his two sons and three others were charged with murder, attempted murder and rioting under Sections 302, 307, 148, 141 and 149 of the Indian Penal Code. The prosecution proved that the accused opened fire on the informant and his companions, causing four deaths and injuries, …

LAXMINATHversusSTATE OF CHHATTISGARH

2009 INSC 37Appeal(s) allowed

Laxminath shot arrows at Mahgin Bai and her mother‑in‑law, Gangadei, during a dispute; one arrow struck Gangadei’s chest and she later died. The trial court convicted Laxminath under Sections 302 (murder) and 324 IPC, sentencing him to life imprisonment and two years respectively, a judgment upheld …

SUZANNE LOUISE MARTINversusSTATE OF RAJASTHAN & ANR.

2009 INSC 38Disposed off

The appellant, a British journalist, alleged that she was forcibly raped by the operator of the guest house where she was staying in Udaipur. The trial court convicted the accused under Section 376 of the IPC and sentenced him to life imprisonment. The Rajasthan High Court, however, suspended the …

JARNAIL SINGHversusSTATE OF PUNJAB

2009 INSC 33Appeal(s) allowed

Jarnail Singh was convicted by the trial court for causing the death of Ramtar under Section 304 Part II of the IPC and sentenced to eight years' rigorous imprisonment. On appeal, the Punjab & Haryana High Court, although the appeal was filed by the accused and not the State, altered the conviction …

CITIZENS FOR JUSTICE AND PEACEversusSTATE OF GUJARAT & ORS.

2009 INSC 22Disposed off

The petitioners, a citizens' organization, filed a writ under Article 32 challenging the appointment and continuation of Shri P.C. Pandey as Director General of Police (DGP) of Gujarat, alleging dereliction of duty during the 2002 communal riots and claiming that his presence would prejudice ongoing …

ORIENTAL INSURANCE CO. LTD.versusRAM PRASAD VARMA & ORS.

2009 INSC 24Disposed off

Ram Prasad Varma, a 55‑year‑old ONGC employee, lost both legs in a motor vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 19.63 lakhs using the structured formula in the Second Schedule with a multiplier of eight and 12% …

V.V.G. REDDYversusAPSRTC, NIZAMABAD REGION & ANR.

2009 INSC 25Dismissed

V.V.G. Reddy, a bus conductor employed by the Andhra Pradesh State Road Transport Corporation, was dismissed following disciplinary proceedings. The Labour Court, on a consent award, ordered his reinstatement with continuity of service but expressly denied back wages and attendant benefits. Reddy …

OM CONSTRUCTION CO.versusAHMEDABAD MUNICIPAL CORP. & ANR.

2009 INSC 26Appeal(s) allowed

OM Construction Co, a contractor, completed stone‑paving work for Ahmedabad Municipal Corporation (AMC) but was not paid the full amount due. The contract contained Clause 30 of Form B‑1, which referred disputes to arbitration, but the arbitration clause did not specify a procedure for appointing an …

UNION OF INDIA AND ORS.versusSHANTIRANJAN SARKAR

2009 INSC 27Dismissed

Shantiranjan Sarkar, a member of a Scheduled Caste, applied for the post of Postman/Mail Guard in the Andaman and Nicobar Islands and later for promotion to Peon/Group D. He obtained more than the 30% cut‑off prescribed for SC/ST candidates but less than the 45% required for the open category, and …

HARBANS SINGH & ORS.versusSANT HARI SINGH & ORS.

2009 INSC 28Dismissed

The dispute concerned the management of Gurudwara Sant Bela Sahib Patshahi, where the Mohtim, Sant Hari Singh, claimed exclusive control and the Managing Committee claimed joint management. Two suits—one by the Mohtim and one by the Managing Committee—were consolidated and heard together; the trial …

PAUL ENTERPRISES & ORS.versusRAJIB CHATTERJEE & CO. & ORS.

2009 INSC 29Dismissed

The case concerned the meaning of "unemployed youth" in a West Bengal Excise Order that reserved liquor‑shop licences for firms formed by such persons. Paul Enterprises and others (appellants) challenged the grant of a licence to Rajib Chatterjee and others (respondents), arguing that the …

MOHAN SINGHversusKASHI BAI & ORS.

2009 INSC 30Dismissed

The case arose from a motor accident on 21 November 1999 in which a jeep driven by Mohan Singh collided with a truck, resulting in the deaths of three persons. The victims' heirs filed claims for compensation under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal …

REVENUE DIVISIONAL OFFICER-CUM-L.A.O.versusSHAIK AZAM SAHEB ETC. ETC.

2009 INSC 20Case Partly allowed

The State acquired 87.96 acres of agricultural land in villages Pasupula and B. Thandrapadu, about 4 km from Kurnool district headquarters and abutting National Highway 18, for establishing Sri Krishna Devaraya University. The Collector initially awarded Rs 16,000 and Rs 15,000 per acre …

R.B. RAMLINGAMversusR.B. BHUVANESWARI

2009 INSC 31Hearing Adjourned

The petitioner filed a Special Leave Petition (SLP) 568 days after the Madras High Court judgment of 18 September 2006, claiming the delay was caused by the pendency of a review application filed within the prescribed period. The central issue was whether the prosecution of a review proceeding could …

JHARU RAM ROYversusRAMJIT ROY AND ORS.

2009 INSC 32Dismissed

The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the …

NATIONAL CAMPAIGN COMMTT.,C.L.LABOURversusUNION OF INDIA & ORS.

2009 INSC 21Hearing Adjourned

The Supreme Court heard a writ petition filed by the National Campaign Committee, C.L. Labour, alleging that several State Governments and Union Territories had failed to implement the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, …

STATE OF H.P.versusRAM KRISHAN

2009 INSC 15Case Partly allowed

The deceased Manohar Lal was assaulted by the accused Ram Krishan and co‑accused Harminder with a stone, which struck the left side of his head, causing fatal brain injury and leading him to fall down a hill. The trial court convicted the accused under Section 302 IPC. The Himachal Pradesh High …

RAJASTHAN STATE ELECTRICITY BOARDversusM/S. UNIVERSAL PETROL CHEMICALS LTD.

2009 INSC 16Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) entered into two purchase orders and agreements with Universal Petrol Chemicals Ltd. for transformer oil, each containing an arbitration clause and an ouster clause confining jurisdiction to the courts at Jaipur, Rajasthan. Disputes arose over defective …

HAMIDBHAI AZAMBHAI MALIKversusSTATE OF GUJARAT

2009 INSC 17Dismissed

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

BUDDU KHANversusSTATE OF UTIARAKHAND

2009 INSC 18Case Partly allowed

Buddu Khan assaulted Dinesh Oli with a brick after Oli bit Khan's cheek in the presence of Khan's wife, causing Oli's death. The trial court convicted Khan under Section 302 IPC for murder, a decision upheld by the Uttarakhand High Court. On appeal, Khan argued that the killing occurred in a sudden …

RAMJIT AND ORS.versusSTATE OF U.P.

2009 INSC 19Case Partly allowed

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

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

2009 INSC 14Reference answered

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

RAJENDER SINGH & ANR.versusSTATE OF HARYANA

2009 INSC 11Dismissed

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

ASHOK KUMAR MITTALversusRAM KUMAR GUPTA & ANR.

2009 INSC 12Dismissed

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

PREM KANWARversusSTATE OF RAJASTHAN

2009 INSC 5Dismissed

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

DEEN DAYAL & ORS.versusSTATE OF U.P.

2009 INSC 6Dismissed

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

NEKU KHAN & ORS.versusSTATE OF RAJASTHAN

2009 INSC 7Disposed off

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

ABDUL REHMAN SHORA (DEAD) BY LRS. & ORS.versusSTATE OF J & K & ANR.

2009 INSC 8Appeal(s) allowed

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

BRINDABAN DAS AND ORS.versusSTATE OF WEST BENGAL

2009 INSC 9Appeal(s) allowed

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

CHOUDHURY PARVEEN SULTANAversusSTATE OF WEST BENGAL AND ANR.

2009 INSC 10Appeal(s) allowed

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

SYED BASHEER AHAMED & ORS.versusMOHD. JAMEEL & ANR.

2009 INSC 2Case Partly allowed

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

BALJIT SINGHversusIMPROVEMENT TRUST LUDHIANA & ANR.

2009 INSC 1Disposed off

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

DWARIKA NATH ACOOLIversusDULAL CHANDRA BAYEN AND ORS.

2009 INSC 3Disposed off

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

KARTICK CHANDRA MANDALversusNETAL MONDAL (DEAD) BY LRS. AND ORS.

2009 INSC 4Appeal(s) allowed

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

V.K. JAINversusHIGH COURT OF DELHI THROUGH R.G. AND ORS.

2008 INSC 1080Appeal(s) allowed

V.K. Jain, a Special Judge of the Delhi Higher Judicial Service, challenged harsh and derogatory remarks made by the Delhi High Court in an order that criticised his conduct in granting bail and imposing conditions on a CBI case. The appellant argued that the remarks were unmerited, violated natural …

BABU LALversusHARYANA STATE AGRICULTURAL MKT. BOARD

2008 INSC 165Dismissed

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

STATE OF PUNJABversusSOHAN SINGH

2006 INSC 344Dismissed

The State of Punjab prosecuted Junior Engineer Sohan Singh under Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a bribe of Rs 200 to release an electric connection. The trial court convicted him, but the Punjab & Haryana High Court acquitted …