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Supreme Court of India

Judgments of 2010

100 judgments, newest first.

DEHAL SINGHversusSTATE OF HIMACHAL PRADESH

2010 INSC 55731 August 2010Dismissed

The police intercepted a car on a highway in Himachal Pradesh and, after a mechanic opened concealed compartments, recovered 27.8 kg of charas. Two 50‑gram samples were sent to the forensic laboratory where they weighed 65.5606 grams, leading the accused to argue that the weight discrepancy undermined the prosecution's

JAMES JOSEPHversusSTATE OF KERALA

2010 INSC 56431 August 2010Dismissed

The State of Kerala issued a notification to declare certain lands as revenue forest, which the appellant's predecessor claimed title to. The Forest Settlement Officer rejected the claim, but the Additional District Judge allowed it on appeal under Section 11 of the Kerala Forest Act. The State appealed to the High Cou

INCHARGE OFFICER AND ANR.versusSHANKAR SHETTY

2010 INSC 56131 August 2010Case Partly allowed

Shankar Shetty was engaged as a daily wager by the appellants from 1978 and worked intermittently for about seven years before being terminated in 1985. He claimed that his termination violated Section 25F of the Industrial Disputes Act, 1947, which prescribes a procedure for retrenchment of daily wagers. The Labour Co

GRID CORPORATION OF ORISSA LTD. AND ORS.versusEASTERN METALS AND FERRO ALLOYS AND ORS.

2010 INSC 56231 August 2010Appeal(s) allowed

The Supreme Court examined the meaning of clause 9.1 in the provisional electricity licence granted under the Orissa Electricity Reform Act, 1995, which stipulated that "charges made by the licencee shall not exceed on average 117% of those permitted under the interim tariffs". The issue was whether the 17% ceiling app

NAHALCHAND LALOOCHAND PVT. LTD.versusPANCHALI CO-OPERATIVE HOUSING SOCIETY LTD.

2010 INSC 56331 August 2010Dismissed

The promoter, Nahalchand Laloochand Pvt. Ltd., developed a building and sold flats to members of Panchali Co‑operative Housing Society Ltd., asserting a right to sell 25 stilt parking spaces as separate units. The society contended that the promoter could not sell those spaces because they were not "flats" under the Ma

LEELA GUPTA & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2010 INSC 56031 August 2010Case Partly allowed

A 39‑year‑old government engineer died in a motor accident, and his wife and three children filed a claim petition under Section 11 OA of the Motor Vehicles Act, 1939. The Motor Accident Claims Tribunal awarded Rs. 2,61,800 as compensation, which the High Court enhanced to Rs. 4,70,000 by applying a multiplier of 16 an

C.S. MANI (DECEASED) BY LR C.S. DHANAPALANversusB. CHINNASAMY NAIDU (DECEASED) BY LRS.

2010 INSC 56531 August 2010Appeal(s) allowed

The appellant obtained a money decree against Mokshammal, an agriculturist, and had his property attached on 29‑12‑1974. The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (Debt Relief Act) came into force on 10‑1‑1975, and under its Section 4 the execution against agriculturists was stayed; the execut

YADAVA KUMARversusTHE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. & ANOTHER

2010 INSC 55931 August 2010Case Partly allowed

Yadava Kumar, a 30‑year‑old painter, suffered fractures of both forearms in a road accident and was assessed with 33% disability of the right upper limb, 21% of the left and 20% total disability. The Motor Vehicles Tribunal awarded Rs.52,000 as compensation, which the Karnataka High Court enhanced to Rs.72,000 but refu

HUSSAINBHAI ALLARAKHBHAI DARIAYA & ORS.versusSTATE OF GUJARAT & ORS.

2010 INSC 55831 August 2010Dismissed

The Samast Sunni Muslim Jamat filed a suit seeking ownership of land, which was partially decreed by the trial court. The Jamat filed an appeal, but withdrew it through a pursis citing a compromise agreement that was actually between two community groups, not the parties to the suit. The first appellate court disposed

UNION OF INDIA & ANR.versusC.S. SIDHU

2010 INSC 18731 March 2010Dismissed

C.S. Sidhu, an Indian Army officer commissioned on 22 June 1968 under a short‑service commission, suffered severe injuries including amputation of his right arm on 21 November 1970 while on duty at a high‑altitude posting. He continued in service until his release on 23 June 1978, but the Army authorities considered on

DALCO ENGINEERING PRIVATE LTD.versusSHREE SATISH PRABHAKAR PADHYE AND ORS.

2010 INSC 18331 March 2010

The case concerned two writ petitions challenging the termination of a disabled employee by a private limited company and the termination of a contract with a public trust. Both petitioners sought relief under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)

M/S MARUTI CLEAN COAL & POWERS LTD.versusALOK NIGAM & ANR.

2010 INSC 18431 March 2010Case Partly allowed

M/s Maruti Clean Coal & Power Ltd. obtained a 99‑year lease from the Chhattisgarh government to set up a 10 MT/Y coal washery. South Eastern Coal Field Ltd. (SECL) later claimed title to the land and, despite the petitioner having constructed the plant and obtained all necessary approvals, refused to supply coal or iss

SUNDERLAL KANAIYALAL BHATIJAversusSTATE OF MAHARASHTRA AND ORS.

2010 INSC 18531 March 2010Dismissed

The appellant, convicted in a TADA case based on a confession recorded by a police officer, was later charged in a separate proceeding for offences under the Indian Penal Code (IPC) and the Arms Act. The prosecution sought to introduce the earlier TADA confession as evidence in the IPC trial, but the trial court and th

STATE OF ANDHRA PRADESHversusVISWANADULA CHETTI BABU ETC.

2010 INSC 89530 December 2010Dismissed

The State of Andhra Pradesh appealed against the High Court's decision upholding the conviction of Viswanadula Chettri Babu and others under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The central issue was whether an investigation conducted by an Assistant Sub‑Inspector of Police co

DR. ASHISH RANJANversusDR. ANUPAMA TANDON AND ANR.

2010 INSC 83630 November 2010Disposed off

The Supreme Court heard a contempt petition filed by Dr. Ashish Ranjan, who alleged that Dr. Anupama Tandon and her mother deliberately violated a Lok Adalat compromise order dated 3 May 2008 that granted the mother physical custody of their child and the father visitation rights. The Court found that the respondents h

BHARAT STEEL TUBES LIMITEDversusIFCI LIMITED

2010 INSC 83730 November 2010Disposed off

Bharat Steel Tubes Ltd. had borrowed money from Punjab National Bank and entered into a one‑time settlement, paying only part of the amount. It later engaged Assets Care Enterprises Ltd. (ACE) to pay the balance, and ACE assigned its rights to IFCI Ltd. IFCI invoked the SARFAESI Act to enforce security and sought aucti

ARUN LAL & ORS.versusUNION OF INDIA & ORS.

2010 INSC 83530 November 2010Dismissed

The Government of India had granted 3.563 acres of land in the Agra Cantonment to Hamid Ali Khan, who built a bungalow and later sold it with its appurtenant land to the petitioners. The petitioners sued the Union of India for arrears of rent, damages, and vacant possession of the bungalow and the surrounding land, whi

IYASAMY & ANR.versusSPECIAL TAHSILDAR, LANO ACQUISITION

2010 INSC 66230 September 2010Disposed off

The appellants' land was acquired under the Land Acquisition Act, 1894 and the compensation was fixed by the Reference Court at Rs 6 per square foot after a 1/3 deduction for development charges. The Madras High Court upheld this amount and rejected the claim for interest on solatium under s.23(2) and additional compen

A.P. HOUSING BOARDversusK. MANOHAR REDDY & ORS.

2010 INSC 66030 September 2010Appeal(s) allowed

The Andhra Pradesh Housing Board appealed against the High Court’s order that increased the market value of 84 acres of agricultural land to Rs. 75 per square yard and then deducted one‑third for development charges. The Supreme Court examined the evidence of sale deeds (exhibits A1‑A9) executed before the acquisition

STATE OF ASSAMversusUNION OF INDIA AND ORS. ETC.

2010 INSC 66130 September 2010Appeal(s) allowed

The Union of India introduced a Family Welfare Scheme employing Voluntary Female Attendants on a modest honorarium. Several attendants filed writ petitions seeking parity of pay with regular "Ward Girls" (Rs. 900‑1435 per month). The Gauhati High Court directed the State of Assam to pay the minimum of that scale. The U

ICICI BANK LIMITEDversusOFFICIAL LIQUIDATOR OF APS STAR INDUSTRIES LTD. AND ORS.

2010 INSC 66330 September 2010Appeal(s) allowed

ICICI Bank assigned a portfolio of non‑performing assets (NPAs) worth Rs 52.45 crore to Kotak Mahindra Bank under a deed of assignment. One of the borrowers, APS Star Industries Ltd., entered liquidation and Kotak sought to be substituted as the secured creditor in the winding‑up proceedings. The Company Court and the

R.D. GARDI MEDICAL COLLEGE AND ANR. ETC.versusSTATE OF M.P. AND ORS.

2010 INSC 66430 September 2010Dismissed

The R.D. Gardi Medical College admitted students who did not meet the 50% entrance‑exam mark requirement, leading the Supreme Court to direct that an equal number of seats be reduced from the college’s management quota for the 2009‑10 session. Subsequent High Court orders reduced additional seats, but miscalculated the

HARI BANSH LALversusSAHODAR PRASAD MAHTO AND ORS.

2010 INSC 55430 August 2010Appeal(s) allowed

Hari Bansh Lal, appointed Chairman of the Jharkhand State Electricity Board, faced a Public Interest Litigation filed by Sahodar Prasad Mahto alleging arbitrariness, doubtful integrity and age incapacity. The High Court quashed the appointment, relying on a note by the Chief Secretary suggesting prior suspension and a

SMT. AJAMBI (DEAD) BY LRS.versusROSHANBI AND ORS.

2010 INSC 55630 August 2010Hearing Adjourned

The respondents filed a suit for partition and separate possession of a 7/8 share in a property, which was decreed in their favour. The decree was set aside by the first appellate court, but the High Court later restored it. After the original defendant died, his widow Ajambi (deceased) allegedly executed a Will on 20‑

C. MUNIAPPAN & ORS.versusSTATE OF TAMIL NADU

2010 INSC 55330 August 2010Disposed off

The Supreme Court examined the convictions of thirty‑one accused arising from a "Rasta Roko" agitation during which a university bus carrying 47 female students was set ablaze, killing three girls and injuring many others. The Court upheld the death sentences of the three principal accused (Nedu, Madhu and Muniappan) f

SUDAM SHANKAR KSHIRSAGAR & ANR.versusSTATE OF MAHARASHTRA & ORS.

2010 INSC 55530 August 2010Dismissed

The State of Maharashtra issued a notification under Section 4(1) of the Land Acquisition Act to acquire agricultural land belonging to a Hindu joint family under the Maharashtra Project Affected Persons Rehabilitation Act, 1986. The appellants challenged the acquisition, contending that each coparcener's share should

ZONAL MANAGER, CENTRAL BANK OF INDIAversusM/S. DEVI ISPAT LTD. & ORS.

2010 INSC 46230 July 2010Dismissed

M/s Devi Ispat Ltd. had obtained various credit facilities from Central Bank of India. After alleged fraud, the bank asked the company to shift its accounts and later to close them. The company settled its dues by receiving a Rs 15 crore cheque from State Bank of India and requested the return of title deeds and issuan

S. ARUL RAJAversusSTATE OF TAMIL NADU

2010 INSC 45930 July 2010Appeal(s) allowed

The appellant, Arul Raja, was accused of murdering Aladi Aruna and of conspiring with co‑accused to commit the crime. The High Court convicted him on the basis of a post‑arrest statement by co‑accused A1, treating it as a dying declaration and a confession, and on alleged motive stemming from a rivalry over college aff

SRINIVAS GUNDLURI & ORS.versusM/S. SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION & ORS.

2010 INSC 45730 July 2010Disposed off

SEPCO filed a criminal complaint alleging that SSVG misappropriated advance money, invoking sections of the IPC for fraud and cheating. The Chief Judicial Magistrate, Korba, after a bare reading of the complaint, exercised his power under CrPC s.156(3) to order the police to register an FIR and investigate, without fir

RAMGOPAL & ANR.versusSTATE OF M.P. & ANR.

2010 INSC 45830 July 2010Hearing Adjourned

The petitioners, convicted under Section 326 of the Indian Penal Code for voluntarily causing grievous hurt, sought relief on the ground that they had reached an amicable settlement with the victims. The Court examined whether such a settlement could lead to their acquittal despite the offence being non‑compoundable un

SMT. MOUMITA PODDARversusINDIAN OIL CORPORATION LTD. & ANR.

2010 INSC 45630 July 2010Dismissed

The Supreme Court heard appeals by Smt. Moumita Poddar challenging the appointment of a retail outlet dealership to respondent No.2 (Alpana Saha) by Indian Oil Corporation Ltd. The High Court had set aside the entire selection on the ground that the Selection Committee failed to follow the policy circular dated 4‑Sept‑

THE STATE OF MAHARASHTRAversusFAROOK MOHAMMED KASIM MAPKAR & ORS.

2010 INSC 46130 July 2010Dismissed

The Supreme Court examined an appeal by the State of Maharashtra challenging a Bombay High Court order that directed the Central Bureau of Investigation (CBI) to register a case and investigate the 1993 Hari Masjid incident, where police fire caused six deaths. The State argued that the High Court should not have exerc

C. MAGESH AND ORS.versusSTATE OF KARNATAKA

2010 INSC 25630 April 2010Disposed off

The case arose from a labour dispute at BPL Engineering Ltd., where a bus carrying loyal employees was attacked, set on fire and several persons were injured and two women died. A charge sheet was filed against 49 accused; the trial court convicted seven of them. The High Court upheld those convictions and additionally

SRI B.T. KRISHNAPPAversusTHE DIVISIONAL MANAGER, UNITED INSURANCE COMPANY LTD. AND ANOTHER

2010 INSC 25830 April 2010Case Allowed

The appellant, a 50‑year‑old mason, was injured in a road accident and awarded Rs 1,55,000 compensation by the Motor Accident Claims Tribunal under s.166 of the Motor Vehicles Act, 1988. The High Court enhanced the award by only Rs 34,000, noting that the Tribunal’s compensation for loss of amenities and loss of earnin

INDIAN DRUGS & PHARMACEUTICAL LTD.versusFAMY CARE & ORS.

2010 INSC 25730 April 2010Dismissed

The Union of India floated an open tender for 275 lakh cycles of oral contraceptive pills (OCPs). IDPL was awarded the entire contract, while other private firms challenged the award, arguing that the Government’s Purchase Preference Policy – which listed OCPs at serial No.51 as “Oral Contraceptive Pills (Mala D and Ma

PREM CHAND & ORS.versusUNION OF INDIA

2010 INSC 18130 March 2010Case Partly allowed

The Supreme Court examined an appeal by Prem Chand and others against a Delhi High Court award of Rs 39,300 per bigha as compensation for land acquired under the Land Acquisition Act, 1894, where the High Court had denied the benefit under Section 23(1A). The Court held that, because the award was made after 30 April 1

PATAI @ KRISHNA KUMARversusSTATE OF U.P.

2010 INSC 18230 March 2010Dismissed

The Supreme Court examined the murder of Vikramaditya Singh, in which the appellants Patai @ Krishna Kumar and Brij Kishore were accused of accosting the victim with pistols, dragging him to a spot under a peepal tree and facilitating his killing by co‑accused who fired the fatal shots. The appellants contended they me

R.S. SUJATHAversusSTATE OF KARNATAKA AND ORS.

2010 INSC 83229 November 2010Appeal(s) allowed

The appellant, an IAS officer, challenged disciplinary proceedings by filing an Original Application before the Central Administrative Tribunal (CAT) seeking quash of a charge memo dated 30‑11‑1999, asserting she received it only on 19‑6‑2002 and thus was within the limitation period. The respondents contended the memo

M/S. NICHOLAS PLRAMAL INDIA LTD.versusCOMMNR. OF CENTRAL EXCISE, MUMBAI

2010 INSC 83029 November 2010Dismissed

M/s Nicholas Piramal India Ltd. manufactured Vitamin A and, as an intermediate step, produced crude Vitamin A which it used internally to make animal feed supplements. The Central Excise authorities issued show‑cause notices demanding excise duty on this intermediate product, asserting it was excisable. The Commissione

R. JAYARAMA AND ORS.versusSTATE OF KERALA AND ORS.

2010 INSC 83429 November 2010Dismissed

The appellants, selected by the Kerala State Public Service Commission for direct recruitment as Reserve Sub Inspectors, were advised of vacancies between 1990 and 1993 but were not appointed until a Government Order dated 17‑06‑1999 invoked Rule 39 of the Kerala State and Subordinate Services Rules, 1958 to retain the

B.S.N.LversusRELIANCE COMMUNICATION LTD.

2010 INSC 82729 November 2010Appeal(s) allowed

BSNL alleged that Reliance Communications had routed international calls as local calls, thereby evading higher Interconnect Usage Charges (IUC) and Access Deficit Charges (ADC). BSNL invoked clause 6.4.6 of their inter‑connect agreement to levy a large sum as a "penalty". The Telecom Disputes Settlement and Appellate

AMAR CHAKRAVARTY & ORS.versusMARUTI SUZUKI INDIA LTD.

2010 INSC 82829 November 2010Appeal(s) allowed

Amar Chakravarty and other workmen were dismissed by Maruti Suzuki India Ltd. on allegations of grave misconduct without being afforded a domestic enquiry. The workmen raised an industrial dispute, which was referred to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947. The Labour Court initi

M/S. SHALIMAR GAS & ORS.versusM/S. INDIAN OIL CORPN. LTD. & ANR.

2010 INSC 83329 November 2010Appeal(s) allowed

Mrs. Aruna Nanda, a war widow, was allotted an Indian Oil gas distributorship as a sole proprietor of Shalimar Gas. She later converted the business into a partnership, retaining a 51% share while her partner held 49%. Indian Oil Corporation cancelled the distributorship alleging that she had lost control of the agency

RAMALA SAHKARI CHINI MILLS LTD., U.P.versusCOMMISSIONER, CENTRAL EXCISE, MEERUT-1

2010 INSC 82929 November 2010Matter referred to larger bench

Ramala Sahkari Chini Mills Ltd., a sugar manufacturer, claimed CENVAT credit on welding electrodes used for maintenance of its plant. The Excise authorities disallowed the credit, imposed a penalty and the Tribunal upheld the disallowance, relying on earlier decisions that welding electrodes are not inputs. The appella

M/S BAJAJ HINDUSTAN LTD.versusSIR SHADI LAL ENTERPRISES LTD. & ANR.

2010 INSC 83129 November 2010Appeal(s) allowed

The Supreme Court examined whether the Union Government could de‑license the sugar industry by issuing Press Note 12 and a Notification under Section 298 of the Industries (Development and Regulation) Act, 1951, without a parliamentary amendment. It held that the executive power under Article 73(1) is co‑extensive with

VIJAYSINH CHANDUBHA JADEJAversusSTATE OF GUJARAT

2010 INSC 75029 October 2010Reference answered

The Supreme Court, hearing a Constitution Bench reference arising from Criminal Appeal No. 943 of 2005, examined the scope of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which governs personal searches. The Court considered whether the provision imposes a mandatory duty on the empowered offi

TAMIL NADU HOUSING BOARD, CHENNAIversusM. MEIYAPPAN AND ORS.

2010 INSC 75429 October 2010Appeal(s) allowed

The Tamil Nadu Government acquired land in 1979 for low‑income housing and awarded compensation on 28 April 1982. The land owners (respondents Nos. 1‑17) filed a writ petition in December 1997, more than 15 years after the award, challenging the acquisition. The Madras High Court entertained the petition, relying on an

STEEL AUTHORITY OF INDIA LTD. AND ORS.versusDIBYENDU BHATTACHARYA

2010 INSC 75129 October 2010Appeal(s) allowed

The respondent, a Speech Therapist/Audiologist appointed in the non‑executive S‑6 grade at Durgapur Steel Plant, sought parity in pay and cadre with a senior employee (B.V. Prabhakar) holding an executive E‑1 grade at Rourkela Steel Plant. The company rejected the claim, citing its personnel manual which allows each pl

ORYX FISHERIES PRIVATE LIMITEDversusUNION OF INDIA AND OTHERS

2010 INSC 75529 October 2010Appeal(s) allowed

Oryx Fisheries Private Limited exported frozen shrimp to a UAE buyer who later claimed the consignment was of poor quality. The buyer lodged a complaint with the Marine Products Export Development Authority (MPEDA), which issued a show‑cause notice alleging the exporter had supplied sub‑standard goods and subsequently

ANOKH SINGHversusPUNJAB STATE ELECTION COMMISSION

2010 INSC 75829 October 2010Disposed off

The Supreme Court examined whether a Lambardar in Punjab, who receives a monthly honorarium of Rs.900, holds an "office of profit" that disqualifies him from contesting Panchayat elections. The Court noted that the land‑revenue system had been abolished, so the Lambardar receives no salary, only a compensatory allowanc

AJMER VIDYUT VITRAN NIGAM & ORSversusNAVIN KUMAR SAINI ETC.

2010 INSC 75329 October 2010Case Partly allowed

The respondents were initially appointed as work‑charge helpers in 1979 and later selected as Junior Clerks in 1984 after a limited competitive exam. They claimed that, having performed the duties of Junior Clerks, they were entitled to the Junior Clerk pay scale retroactively from 1979 and from 1 April 1982, invoking

STATE OF U.P. & ORS.versusBHUPENDRA NATH TRIPATHI & ORS.

2010 INSC 75929 October 2010Dismissed

The State of Uttar Pradesh issued an order restricting eligibility for the Special Basic Training Course (BTC) 2007 to candidates whose B.Ed. degrees were from institutions recognized by the National Council for Teacher Education (NCTE). Several candidates whose degrees were from institutions that were later recognized

VARUN CHAUDHARYversusSTATE OF RAJASTHAN

2010 INSC 75729 October 2010Appeal(s) allowed

The deceased Income Tax Officer was found murdered near his residence. Three accused were arrested; the prosecution relied on a knife recovered from one accused, blood‑stained clothes from another, and the recovery of a motorcycle whose registration number was partially identified. No eye‑witness saw the accused, no te

COMMISSIONER OF CUSTOMS (GEN), MUMBAIversusABDULLA KOYLOTH

2010 INSC 75629 October 2010Appeal(s) allowed

The respondent, a proprietorship importing assorted consumer goods, mis‑declared the country of origin, quantity and value of the consignment, leading to seizure of the goods. The Commissioner of Customs rejected the invoice value under Section 14(1) of the Customs Act and determined the assessable value using Rules 6A

PRASANTA KUMAR SARKARversusASHIS CHATTERJEE & ANR.

2010 INSC 75229 October 2010Appeal(s) allowed

The appellant, brother of a 57‑year‑old widow who was found strangulated, filed a criminal appeal against the Calcutta High Court's order granting regular bail to the accused under Section 439 of the CrPC. The accused had been arrested, identified by a witness in a second test identification parade, and faced a charge

K. MANORAMAversusUNION OF INDIA REP. BY GENL. MANAGER SOUTHERN RAILWAY & ORS.

2010 INSC 65829 September 2010Dismissed

The appellant, a Scheduled Caste (SC) Chief Law Assistant in Southern Railways, challenged the promotion of a fellow SC candidate (Respondent No.3) to Assistant Law Officer, arguing that the SC candidate was selected on merit and therefore should not occupy the reserved seat, which should have gone to the appellant. Th

AMARJIT SINGH & ORS.versusSTATE OF PUNJAB & ORS.

2010 INSC 65629 September 2010Dismissed

The case concerned the expansion of the SAS (Nagar) Mohali township, where land for sectors 81, 88 and 89 was acquired under the Land Acquisition Act, 1894. The State of Punjab invoked Section 178(2) of the Punjab Regional and Town Planning and Development Act, 1995 to exempt the acquired land from the provisions of Se

ARVIND KUMAR MISHRAversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2010 INSC 65929 September 2010Case Partly allowed

Arvind Kumar Mishra, a 25‑year‑old final‑year engineering student, suffered multiple injuries and 70% permanent disability in a motor accident caused by the negligent driving of a truck. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988, seeking loss of future earnings among other damages. The M

UNION OF INDIA AND OTHERSversusNARINDERJIT SINGH SIDHU

2010 INSC 65729 September 2010Dismissed

The respondent, originally commissioned in the Regiment of Artillery, permanently transferred to the Army Aviation Corps in 1998. He later complained that his name was not considered for promotion to Major General, despite being the senior-most Brigadier in the Corps, and the complaint was rejected on the ground that n

UNION OF INDIA AND OTHERSversusMAHAVEER C. SINGHVI

2010 INSC 45229 July 2010Dismissed

Mahaveer C. Singhvi, an Indian Foreign Service probationer appointed in 1999, was discharged on 13 June 2002. He challenged the discharge before the Central Administrative Tribunal, the Delhi High Court, and finally this Court, alleging that the order was punitive, based on alleged misconduct uncovered through a secret

DR. BASAVAIAHversusDR. H.L. RAMESH & ORS.

2010 INSC 45429 July 2010Appeal(s) allowed

The University of Mysore appointed Dr. Basavaiah and Dr. Manjunath as Readers in Sericulture in 1999 based on a vacancy advertisement that required a doctorate degree or equivalent published work and relevant experience. The respondents challenged the appointments, arguing that the appointees lacked a doctorate specifi

REKHABEN H. SHETHversusCHARU K. MEHTA & SONS.

2010 INSC 45329 July 2010Dismissed

The respondent, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, sought the removal of the petitioner and four other trustees alleging misfeasance and misuse of trust funds. The Joint Charity Commissioner ordered that the trustees could not make any policy decisions or financial transactions without hi

DASRATHversusSTATE OF M.P.

2010 INSC 45529 July 2010Dismissed

The appellant Dasrath was convicted under Section 3048 IPC for dowry death and Section 201 IPC for concealing the death of his wife Pinki, who died from burns after kerosene was allegedly poured on her. The prosecution proved that the death was unnatural, occurred within seven years of marriage, and was preceded by cru

BAIJ NATH SAHversusSTATE OF BIHAR

2010 INSC 25529 April 2010Appeal(s) allowed

Four accused, including Baij Nath Sah, were tried for kidnapping a minor under Sec. 366-A IPC. The trial court convicted them, and the High Court reduced the charge to Sec. 363 and lessened the sentence. On special leave, the Supreme Court examined the sole evidence against Baij Nath Sah—a statement recorded under Sec.

DILPESH BALCHANDRA PANCHALversusSTATE OF GUJARAT

2010 INSC 25329 April 2010Dismissed

The appellant, Dilpesh Balchandra Panchal, was convicted along with two co‑accused for the murder of Indrasinh under IPC s.302 and s.114. The prosecution relied on the testimony of the victim's parents, who witnessed the attack, medical evidence indicating two fatal knife wounds, and the recovery of the murder weapon f

AMARJIT SINGH & ORS.versusSTATE OF PUNJAB

2010 INSC 25429 April 2010Appeal(s) allowed

Amarjit Singh and co‑accused were convicted by a trial court for offences under Sections 306 and 498A of the IPC, read with Section 34, and sentenced to imprisonment. They appealed to the Punjab & Haryana High Court, where the single judge dismissed the appeal, stating there was no reason to re‑appreciate the evidence

M. JAGDISH VYAS AND ORS.versusUNION OF INDIA AND ORS

2010 INSC 17829 March 2010Dismissed

The appellants, permanent employees of the Postal Department, sought inclusion in the list of successful candidates for Junior Accounts Officer (JAO) positions in the Department of Telecommunications (DoT) after appearing in the JAO Part‑11 examination for deputationists. The dispute centered on whether the relaxation

M.D., M/S. T. NADU MAGNESITE LTD.versusS. MANICKAM & ORS.

2010 INSC 17929 March 2010Appeal(s) allowed

The case involved three employees of the Tamil Nadu Magnesite Limited (TANMAG), a state-owned company, who were permanently transferred to a joint venture (JVC) with Kaitan Supermag Ltd. When the JVC was later closed, the employees sought re‑absorption into TANMAG, invoking the doctrine of promissory/equitable estoppel

SUHRID SINGH @ SARDOOL SINGHversusRANDHIR SINGH & ORS.

2010 INSC 18029 March 2010Appeal(s) allowed

Suhrid Singh filed a suit seeking a declaration that certain sale deeds were void as they did not bind the co‑parcenary, along with joint possession and injunction relief. The trial court held that the suit sought cancellation of the deeds and required ad‑valorem court fee based on the sale consideration, a view affirm

RAMDAS ATHAWALEversusUNION OF INDIA AND ORS.

2010 INSC 17729 March 2010Dismissed

Ramdas Athawale, a Lok Sabha member, filed a writ petition under Article 32 challenging the validity of the Lok Sabha's resumption on 29 January 2004, arguing that the President’s special address under Article 87 was required because it was the first session of the year. The Court held that the December 2003 session wa

SATNI BAIversusSTATE OF M. P. (NOW CHHATTISGARH)

2010 INSC 6729 January 2010Dismissed

Satni Bai was convicted of murdering her four‑year‑old son under Section 302 IPC. The prosecution relied on circumstantial evidence: witnesses (her brother‑in‑law, sister‑in‑law and a 16‑year‑old girl) saw her standing near the corpse with a blood‑stained axe, the axe and her saree were found blood‑stained, and the pos

HARIDWAR DEVELOPMENT AUTHORITYversusRAGHUBIR SINGH

2010 INSC 6829 January 2010Disposed off

The Haridwar Development Authority acquired about 38.6 bighas of contiguous village land for a housing colony. The Collector awarded compensation using a three‑belt method with varying rates, which the Reference Court reduced to two belts, and the High Court further replaced with a uniform rate of Rs.26.25 per sq.ft. T

STATE OF HARYANA & ORS.versusS. L. ARORA & COMPANY

2010 INSC 6929 January 2010Appeal(s) allowed

The State of Haryana awarded a construction contract to S.L. Arora & Co., which was completed late, leading to arbitration. The arbitrator awarded Rs 14.94 lakh with 12% simple interest from 19‑Dec‑1990 to the award date and future interest of 18% per annum on the "total amount of award" if not paid within 30 days. The

M/S. GODREJ SARA LEE LIMITEDversusRECKITT BENCKISER AUSTRALIA PTY. LTD. AND ANR.

2010 INSC 6629 January 2010Appeal(s) allowed

M/s. Godrej Sara Lee Ltd appealed to the Supreme Court against the Delhi High Court’s order that it had jurisdiction to entertain appeals against the cancellation of its registered designs by the Controller of Patents and Designs, Kolkata under Section 19 of the Designs Act, 2000. The Controller had cancelled two desig

HARI CHAND ROACHversusHEM CHAND AND ORS.

2010 INSC 74828 October 2010Appeal(s) allowed

The case concerned two joint family properties in Himachal Pradesh where the widow Jamni inherited her husband Hari Ram's one‑third share. Through a family arrangement she relinquished her share in one parcel (Chak Kaljer) and received the brothers‑in‑law's shares in the other parcel (Chak Nani), thereby becoming the a

SATYA NARAYANA TIWARI AND ANR.versusSTATE OF U.P.

2010 INSC 74928 October 2010Dismissed

The appellant husband and his mother‑in‑law were accused of dowry death after the bride, aged about 24, was found strangled and burnt in her matrimonial home within three years of marriage. The prosecution proved, on circumstantial evidence, that the accused repeatedly demanded a Maruti car as dowry, harassed the victi

RAJA GOUNDER & ANR.versusSTATE OF TAMIL NADU

2010 INSC 65528 September 2010Dismissed

The appellants, Raja Gounder and others, were convicted under Section 302 of the Indian Penal Code for the murder of their brother amid a land dispute. The prosecution's case relied on the testimony of the deceased's widow, who was also the sister‑in‑law of the accused, and on medical evidence showing multiple injuries

SOHAM MAYANKKUMAR VYAS AND ORS.versusUNION OF INDIA AND ORS.

2010 INSC 65428 September 2010Case Partly allowed

The Supreme Court examined whether a Government of India notification dated 6 March 2009, which placed the Bachelor of Dental Surgery (BOS) degrees awarded to Indian students of Mauras College of Dentistry, Mauritius in Part III of the Dentists Act schedule, was valid. Mauras College, though located abroad, was affilia

MOHD. YUNUS KHANversusSTATE OF U.P. AND ORS.

2010 INSC 65228 September 2010Disposed off

Mohd. Yunus Khan, a Guard Commander in the Uttar Pradesh Police, left his post for 25 minutes to take tea and medicine, an absence later deemed permissible under the Guard and Escort Rules. The Commandant imposed a 10‑day punishment drill, which Khan protested; the punishment was then enhanced to 10 days of confinement

BRUNDABAN MOHARANA & ANR.versusTHE STATE OF ORISSA

2010 INSC 65328 September 2010Appeal(s) allowed

The appellants, the in‑laws of Amani Moharana, were convicted by the trial court for murder based on two dying declarations of the deceased, one recorded by a doctor (PW‑8) and another by a police officer (PW‑9) under Section 161 of the CrPC. The High Court discarded the doctor’s declaration as a Xerox copy but upheld

BEERE GOWDAversusSTATE OF KARNATAKA

2010 INSC 44628 July 2010Dismissed

The appellant, Beere Gowda, was charged with murdering his two‑and‑a‑half‑year‑old daughter Pallavi by forcibly administering a mixture of nitric and sulphuric acid, obtained from a goldsmith, while his second wife Indramma was a co‑accused. The Sessions Court acquitted both, holding that the child might have ingested

BIRAPPA & ANR.versusSTATE OF KARNATAKA

2010 INSC 44528 July 2010Appeal(s) allowed

The case involved three accused—Birappa (A‑1), Kareppa (A‑2) and Muttappa (A‑3)—charged with the murder of Gulappa. The trial court convicted Birappa based primarily on the testimony of a single eyewitness, PW‑1, the brother of the deceased, while acquitting the other two. On appeal, the High Court upheld Birappa's con

DEO NARAINversusSTATE OF U.P.

2010 INSC 44728 July 2010Appeal(s) allowed

Six persons were tried and convicted for the double murder of Ram Swarup and Ram Pratap Singh under Section 302 read with Section 149 of the IPC. While the appeal was pending, four of the accused died, and the High Court dismissed the appeal of the two survivors, Shiv Singh and Deo Narain. Deo Narain challenged his con

JAWANT P. SANKPALversusSUMAN GHOLAP & ORS.

2010 INSC 43928 July 2010Dismissed

The petitioner challenged the order of the Maharashtra State Human Rights Commission, which had found that police officials tortured the complainant's son while in custody under Section 12(a) of the Protection of Human Rights Act, 1993, and had recommended compensation. The High Court dismissed the petitioner's writ, h

M/S. SUMITOMO HEAVY INDUSTRIES LIMITEDversusOIL & NATURAL GAS COMPANY

2010 INSC 44428 July 2010Appeal(s) allowed

The appellant, Sumitomo Heavy Industries, entered into a turn‑key offshore platform contract with the respondent, ONGC, which contained a clause (17.3) obligating the respondent to compensate the contractor for any necessary and reasonable extra cost caused by a change in Indian law after the bid closing date. After th

MAYANDIversusSTATE REP.BY INSP.OF POLICE

2010 INSC 44228 July 2010Appeal(s) allowed

The appellant, a kitchen employee of a hotel, attacked the managing director with a concealed sickle, inflicting multiple injuries. The victim, a known heart patient who had undergone angioplasty, died the following day; medical evidence attributed death to myocardial infarction and not to the injuries. The trial court

ANAND SINGH & ANR.versusSTATE OF UTTAR PRADESH & ORS.

2010 INSC 44328 July 2010Dismissed

The Gorakhpur Development Authority (GOA) sought to acquire land for a residential colony and, under the Land Acquisition Act, 1894, invoked the urgency clause of Section 17(4) to dispense with the mandatory Section 5A enquiry. The appellants, land owners, challenged the validity of this dispensation, arguing that no m

P.J. AGRO TECH LIMITED & ORS.versusWATER BASE LIMITED

2010 INSC 44128 July 2010Appeal(s) allowed

P.J. Agro Tech Ltd and its directors were served with a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 for the dishonour of a cheque that had been drawn by a third party, K. Balashankar Reddy, from his personal savings account. The appellants contended that the cheque was not drawn on any

SAMEER KUMAR PAL & ANOTHERversusSHEIKH AKBAR & OTHERS

2010 INSC 45128 July 2010Appeal(s) allowed

The appellants, owners of Shop No.1214 in Jabalpur, filed an eviction suit under sections 12(1)(c), (f) and (g) of the Madhya Pradesh Accommodation Control Act, 1961. The respondents contended that the suit property was a Wakf property and, later, claimed it was a joint family property, though no such plea was raised i

ARUMUGAMversusTHE STATE REPRESENTED BY ITS INSPECTOR OF POLICE

2010 INSC 45028 July 2010Dismissed

The appellant, Arumugam, murdered his step‑mother Saroja by strangling her with a rope. He made an extra‑judicial confession first to his step‑sister and shortly thereafter to the Village Administrative Officer, who recorded the statement and handed him over to police. The rope was recovered, and post‑mortem evidence s

THE GENERAL MANAGER (P) PUNJAB & SINO BANK & ORS.versusDAYA SINGH

2010 INSC 44928 July 2010Appeal(s) allowed

The General Manager of Punjab & Sind Bank dismissed a branch manager, Daya Singh, for sanctioning loans against fictitious fixed deposits, absconding from his post, and acting as guarantor without permission. The bank’s departmental inquiry, based on documentary evidence and the manager’s own handwriting, found the mis

RAM NIWASversusSTATE OF HARYANA

2010 INSC 44028 July 2010Dismissed

Ram Niwas and four others were tried for the murder of Sher Singh and the attempted murder of Chanda. The trial court convicted Ram Niwas under Sections 302 and 307 of the IPC, acquitting the remaining accused and giving benefit of doubt to two of them. On appeal, the appellant argued that the testimony of two key witn

SATPAL SINGHversusSTATE OF HARYANA

2010 INSC 44828 July 2010Dismissed

Satpal Singh was convicted of rape under Section 376 IPC for assaulting the minor Rajinder Kaur. He appealed, arguing that the FIR was lodged after an inordinate four‑month delay, that the victim was a major, and that the act was consensual because they were schoolmates. The Supreme Court held that the delay was explai

THE ADMINISTRATOR UNION TERRITORY OF DADAR & NAGAR HAVELIversusGULABHIA M. LAD

2010 INSC 24828 April 2010Appeal(s) allowed

The Administrator (Union Territory of Dadar & Nagar Haveli) removed Gulabhia M. Lad, a Land Reforms Officer, from service for illegally granting occupancy rights, while two subordinate officers involved in the same incident received lesser penalties after departmental appeals. Lad challenged the removal before the Cent

VIJENDER KUMAR @ VIJAYversusSTATE OF DELHI

2010 INSC 25028 April 2010Dismissed

Vijender Kumar, son of a bus operator, suspected his helper Yogesh of stealing part of the bus fare. After a personal search recovered Rs 100, Kumar became angry, beat Yogesh and then retrieved a knife from a nearby scooter to stab him in the abdomen, causing Yogesh's death. He was convicted under Section 302 IPC for m

AMAL KUMAR GHOSH & ORS.versusBASANTA KUMAR ALMAL

2010 INSC 24928 April 2010Appeal(s) allowed

The first respondent filed a suit for specific performance which was settled by a decree that appointed a court‑appointed receiver to hold the balance sale consideration of Rs.6,00,000. The appellants instructed the receiver to pay Rs.3,00,000 to Park Services Pvt. Ltd. for statutory liabilities and to release the rema

VINISHA JITESH TOLANI @ MANMEET LAGHMANIversusJITESH KISHORE TOLANI

2010 INSC 25228 April 2010Disposed off

The wife and husband were married in Goa under Hindu rites and the marriage was registered there. The husband filed a petition under Section 12 of the Hindu Marriage Act, 1955 in Goa seeking annulment. The wife, who had been residing in the United Kingdom and later in Delhi, filed a petition under Section 25 of the Cod

S. KHUSHBOOversusKANNIAMMAL AND ANR.

2010 INSC 24728 April 2010Appeal(s) allowed

The actress S. Khushboo made remarks in a 2005 news‑magazine survey endorsing societal acceptance of premarital sex and live‑in relationships. Several members of the PMK political party filed criminal complaints alleging defamation, obscenity, indecent representation of women and incitement under the IPC and the Indece

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