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…
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 …
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…
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…
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…
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…
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…
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…
GOAN REAL ESTATE & CONSTRUCTION LTD. & ANR.versusUNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT & ORS.
2010 INSC 18631 March 2010Case Partly allowed
The petitioners, owners of land near the Zuari River in Goa, obtained permission to construct a hotel and residential complex after the Coastal Regulation Zone (CRZ) Notification was amended in 1994 to relax the no‑development zone from 100 metres to 50 metres from the high tide line. The amendment was later struck dow…
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)…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 …
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 …
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‑…
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…
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…
STATE OF NCT OF DELHI THROUGH PROSECUTING OFFICER, INSECTICIDES, GOVERNMENT OF NCT, DELHIversusRAJIV KHURANA
2010 INSC 46030 July 2010Dismissed
The State of NCT of Delhi prosecuted Rajiv Khurana under Section 33 of the Insecticides Act, 1968, alleging that the product of his company failed to meet ISI specifications and that he, as Regional Technical Director, was responsible for quality control. The trial court issued summons, but the Delhi High Court quashed…
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…
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…
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‑…
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…
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…
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…
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…
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…
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. 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.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. 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…
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…
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 …
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 …
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 …
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…
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 …
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 …
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.…
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…
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…
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…
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…
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…
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 …
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…
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…
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…
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…
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…
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 …
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…
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…
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…
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 …
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…
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 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…
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…
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…
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…
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…
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…
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…
MOHAN MALI & ANR.versusSTATE OF M.P.
2010 INSC 25128 April 2010Disposed off
Mohan Mali and another were convicted under IPC sections 302, 324 and 326 and sentenced to life imprisonment. One co‑accused, Dhanna Lal (appellant No.2), claimed he was a juvenile at the time of the offence. The Supreme Court examined the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, …
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…
POONAM CHAND JAIN AND ANR.versusFAZRU
2010 INSC 6328 January 2010Appeal(s) allowed
The respondent filed a criminal complaint alleging fraud in a land transaction, which was dismissed by a Judicial Magistrate under Section 203 of the CrPC. After the dismissal became final, the respondent filed a second complaint on almost identical facts, suppressing the existence of the first complaint. The appellant…
MUSHEER KHAN @ BADSHAH KHAN & ANR.versusSTATE OF M.P.
2010 INSC 6428 January 2010Disposed off
The prosecution alleged that Musheer Khan (A‑4) and Basant Shiva (A‑5) were hired killers who shot the deceased Mallu Bhaiya at close range, based largely on circumstantial evidence and the testimony of two eyewitnesses, PW‑3 and PW‑4. The trial court convicted them of murder under IPC s.302/1208 and the Arms Act s.25(…
RAM SINGH @ CHHAJUversusSTATE OF H.P.
2010 INSC 6528 January 2010Dismissed
The appellant Ram Singh was accused of raping a 40-year-old midwife, Chanchala Devi, on the night of 12-13 August 1989, after being persuaded to accompany a co-accused to a village. The victim testified that she was gagged, assaulted, and forced into sexual intercourse, a narrative corroborated by her son, a village he…
M/S. ANGEL BABY PRODUCTS PVT. LTD.versusNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY
2010 INSC 74327 October 2010Dismissed
The petitioners, Angel Baby Products Pvt. Ltd. and Hira Lal Gupta, failed to execute a lease deed for a commercial plot allotted by NOIDA within the 120‑day period, citing mis‑description of the plot and a municipal drain, and sought a waiver of the penalty. The Chief Executive Officer of NOIDA waived the penalty and g…
AMINA BEEVIversusTHACHI & ORS.
2010 INSC 74427 October 2010Dismissed
The petitioners challenged a leasehold assignment deed (Exhibit A3) executed by the tenant Kunjali in favour of Abdul Kadar, arguing it was a valid assignment and that their remedy lay only in an application to the Land Tribunal under Section 13A of the Kerala Land Reforms Act. The Supreme Court held that the deed was …
D. HANUMANTH SA & ORS.versusSTATE OF KARNATAKA & ORS.
2010 INSC 74527 October 2010Disposed off
The State of Karnataka issued preliminary and final notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 to acquire 3 acres 34 guntas in Kengeri for the construction of an approach road, a workshop and residential quarters for the Karnataka State Road Transport Corporation, asserting a public purpose.…
STATE OF UTTARANCHALversusM/S. KHURANA BROTHERS
2010 INSC 74627 October 2010Appeal(s) allowed
The State of Uttaranchal auctioned crude resin and the highest bid was placed by Khurana Brothers, leading to a formal contract of sale dated 24 March 2001 and an acceptance letter on 7 April 2001 requiring the resin to be lifted within 60 days. The issue before the Supreme Court was whether this contract amounted to a…
RANJIT SINGH AND ORS.versusSTATE OF MADHYA PRADESH
2010 INSC 74727 October 2010Dismissed
The case involved an alleged unlawful assembly that rioted and assaulted victims, resulting in two deaths and three grievous injuries. The trial court convicted ten accused under sections 148, 149, 323, 324, 365 and 342 IPC, but the High Court acquitted two and upheld convictions of eight; five appealed before the Supr…
PARAMJEET SINGH @ PAMMAversusSTATE OF UTTARAKHAND
2010 INSC 64727 September 2010Dismissed
Paramjeet Singh (Pamma) was convicted for murdering his brother and two nephews and injuring three other family members in a property dispute. The trial court and the Uttarakhand High Court upheld the conviction based on the FIR, statements under Section 161 CrPC, medical reports, forensic evidence and the testimony of…
MAHENDER SINGHversusUNION OF INDIA
2010 INSC 64827 September 2010Dismissed
Mahender Singh applied for a pension under the Swatantrata Sainik Samman Pension Scheme, 1980, claiming he had remained underground for over four years during the 1942 freedom struggle. The State Screening Committee of Bihar recommended his pension, but the Central Government rejected the claim, citing lack of authenti…
ALKA GUPTAversusNARENDER KUMAR GUPTA
2010 INSC 65127 September 2010Appeal(s) allowed
Alka Gupta filed a second suit for accounts of a dissolved partnership, after having earlier obtained a decree for the balance price under a sale agreement with Narender Kumar Gupta. The Delhi High Court dismissed the second suit, holding it barred by Order 2 Rule 2 of the CPC, by constructive res judicata, and on the …
GANPATversusSTATE OF HARYANA & ORS.
2010 INSC 64927 September 2010Dismissed
Ganpat, the complainant, appealed against the High Court's order acquitting eleven accused persons charged under IPC sections 148, 149, 302, 323, 324, 325. The trial court had convicted the accused, but the High Court set them free, holding that the complainant was the aggressor and that the prosecution failed to prove…
SMT. PEBAM NINGOL MIKO DEVIversusSTATE OF MANIPUR AND ORS.
2010 INSC 65027 September 2010Appeal(s) allowed
The husband of the appellant, an editor of a Manipuri daily, was detained under Section 3(2) of the National Security Act, 1980 on allegations of extorting money for the UNLF and causing a terror wave. The appellant challenged the detention, arguing that the grounds were vague, unsupported by material, and that there w…
JYOTI MISHRAversusDHANANJAYA MISHRA
2010 INSC 54327 August 2010Dismissed
Jyoti Mishra, the estranged wife of Dhananjaya Mishra, filed an FIR under Section 498-A of the IPC against her husband and five others in Hyderabad. The case was pending before the 5th Metropolitan Magistrate, Cyberabad. After moving to Indore, she filed transfer petitions (Criminal Nos. 94‑95 of 2010) seeking to shift…
DR. M.S. PATILversusGULBARGA UNIVERSITY AND ORS.
2010 INSC 54427 August 2010Dismissed
The Supreme Court examined the appointment of Dr. M.S. Patil, a general‑category candidate, as Reader in the Kannada Department of Gulbarga University, a post that was expressly reserved for Group B candidates. The High Court had set aside his appointment on grounds of illegal reservation breach and alleged favouritism…
PRATHAP & ANR.versusSTATE OF KERALA
2010 INSC 54527 August 2010Dismissed
The deceased Kochukuttan and his companion attacked the appellants, prompting the appellants and nine others to retaliate with swords and other deadly weapons, causing fatal injuries to Kochukuttan. Eye‑witnesses PW‑1 (the brother‑in‑law of the deceased) and PW‑2 positively identified the appellants and described the i…
SHAIKH SATTARversusSTATE OF MAHARASHTRA
2010 INSC 54627 August 2010Dismissed
The appellant, Shaikh Sattar, was convicted under Sections 302 and 498A IPC for murdering his wife, who was found dead with head injuries and a heavy stone nearby. The prosecution relied on circumstantial evidence, including the husband's demand for money, prior abuse, the location of the body and stone, and medical te…
JAMEELA AND ORS.versusUNION OF INDIA
2010 INSC 54727 August 2010Appeal(s) allowed
The deceased M. Hafeez was traveling on a valid ticket when he fell from a moving train and died. His family claimed compensation under the Railways Act, 1989, and the Railway Claims Tribunal awarded Rs.2,00,000, deeming the death an "untoward incident". The railway appealed, arguing the death resulted from the passeng…
THE STATE OF ANDHRA PRADESHversusM.NARASIMHA RAO
2010 INSC 54827 August 2010Appeal(s) allowed
The State of Andhra Pradesh appealed the High Court's acquittal of M. Narasimha Rao, who was charged with murder under Section 302 IPC. The prosecution relied on the eyewitness testimony of the victim's son (PW‑1) and wife (PW‑2), corroborated by a detailed post‑mortem report showing multiple fatal injuries. The High C…
UNION OF INDIA & ANR.versusBHASKARENDU DATTA MAJUMDAR
2010 INSC 54927 August 2010Dismissed
Bhaskarendu Datta Majumdar, a senior officer of the State Trading Corporation, was selected by the Public Enterprises Selection Board for promotion to Director (Marketing). Although he obtained clearance from the Central Vigilance Commission and his name was forwarded to the Appointments Committee of the Cabinet (ACC),…
OM PRAKASHversusASHWANI KUMAR BASSI
2010 INSC 55027 August 2010Dismissed
The landlord filed an eviction petition under Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949 and served the tenant on 19 May 2005, requiring the tenant to apply for leave to contest within 15 days. The tenant filed the application one day late, on 4 June 2005, and then sought condonation of the delay …
STATE OF MAHARASHTRA & ORS.versusARUN GULAB GAWALI & ORS.
2010 INSC 55127 August 2010Dismissed
Mohd. Qureshi filed a complaint alleging extortion by Arun Gawali and his gang, which was registered as FIR No. 241/2005. He later claimed that the police forced him to lodge the complaint and applied before the Metropolitan Magistrate to withdraw it; the application was rejected. The complainant and his wife approache…
SHALIMAR CHEMICAL WORKS LTD.versusSURENDRA OIL & DAL MILLS (REFINERIES) & ORS.
2010 INSC 55227 August 2010Appeal(s) allowed
Shalimar Chemical Works Ltd., the owner of the registered trade mark "Shalimar", sued Sureendra Oil & Dal Mills for infringement and sought a permanent injunction. The trial court admitted only xerox copies of the trade mark registration certificates as exhibits, marked them subject to objection, and dismissed the suit…
BHAGMAL & ORSversusKUNWAR LAL & ORS
2010 INSC 43327 July 2010Appeal(s) allowed
The respondents filed a suit for declaration of title, possession and permanent injunction, and an ex‑parte decree was passed against the appellants. The appellants only learned of the decree when execution proceedings began and filed an application under Order IX Rule 13 of the CPC on 8 July 1988, claiming it was with…
LOUIS PETER SURINversusSTATE OF JHARKHAND
2010 INSC 43427 July 2010Appeal(s) allowed
An FIR was lodged in April 1984 under the Prevention of Corruption Act and the Indian Penal Code alleging that the appellant, then Managing Director of a district agency, conspired with a Deputy Commissioner to award a contract to a private firm. The State Government denied sanction for prosecution on two occasions (19…
SIDDANKI RAM REDDYversusSTATE OF ANDHRA PRADESH
2010 INSC 43527 July 2010Appeal(s) allowed
The appellant was convicted for murder (s.302 IPC) after a mob attacked the deceased in a court corridor, based primarily on the testimony of three eye‑witnesses (PW‑1, PW‑5, PW‑6) and a test identification parade. The Supreme Court examined the reliability of those witnesses, noting that PW‑1 failed to name the appell…
ITTIANAM AND ORS.versusCHERICHI @ PADMINI
2010 INSC 43627 July 2010Disposed off
The dispute concerned the grant of letters of administration for seven properties bequeathed in a Will dated 8 May 1967. The testator had acquired full title to items 4‑7 through a sale deed executed on 2 May 1967 and registered on 8 May 1967, before his death on 20 July 1971. The High Court limited the grant to items …
VIJAY @ CHINEEversusSTATE OF MADHYA PRADESH
2010 INSC 43727 July 2010Dismissed
The appellant Vijay and five others were convicted of gang‑rape of a girl, Asha @ Gopi, on 6‑12‑1988 under IPC s.376/34 and sentenced to ten years’ rigorous imprisonment. The appellant appealed, contending that the victim was a major, that there was no consent, that the prosecution relied solely on her testimony withou…
PRITHIversusSTATE OF HARYANA
2010 INSC 43827 July 2010Dismissed
The appellant, accused of murder and related offences, challenged his conviction on the ground that the victim's dead body was never recovered and no post‑mortem was conducted, arguing that proof of corpus delicti was lacking. The prosecution relied on two eye‑witnesses, PW‑6 (who was injured) and PW‑9 (the victim's br…
PUNJAB ROADWAYS MOGA THROUGH ITS GENERAL MANAGERversusPUNJA SAHIB BUS AND TRANSPORT CO. AND ORS.
2010 INSC 24427 April 2010Disposed off
The Punjab Roadways, Moga challenged High Court orders that directed the State Transport Authority to grant regular stage‑carriage permits to private operators on routes where State Transport Undertakings (STUs) had either not utilized or had surrendered their permits. The dispute centered on the interpretation of the …
KILLICK NIXON LTD.versusTHE CUSTODIAN AND ORS.
2010 INSC 24527 April 2010Dismissed
M/s Dhanraj Mills Private Ltd (the notified party) was found to have perpetrated fraudulent securities transactions and was sued by the Custodian for recovery of interest‑free loans advanced to Killick Nixon Ltd and its group. The Special Court under the Special Courts (Trial of Offences Relating to Transactions in Sec…
INDOWIND ENERGY LTD.versusWESCARE (I) LTD. AND ANR.
2010 INSC 24627 April 2010Appeal(s) allowed
Wescare (I) Ltd. entered into a sale agreement on 24‑Feb‑2006 with Subuthi Finance Ltd., which contained an arbitration clause. Indowind Energy Ltd., promoted by Subuthi, was not a signatory to the agreement and its board had not approved it. Wescare filed a petition under Section 11(6) of the Arbitration and Conciliat…
STATE OF TAMIL NADU & ANR.versusA. MANICKAM PILLAI
2010 INSC 6027 January 2010Dismissed
A. Manickam Pillai applied for a freedom fighter's pension in Tamil Nadu. The State Government rejected his application because the co‑prisoner certificate attached was not from an "approved certifier" as required by a Government Order dated 7 February 1996. Pillai filed a writ petition and submitted a second certifica…
P. VIJAYANversusSTATE OF KERALA & ANR.
2010 INSC 6127 January 2010Dismissed
P. Vijayan, a retired IPS officer aged about 85, was charge‑sheeted under IPC sections 302 and 34 for the alleged killing of a Naxalite in a 1970 encounter that was later claimed to be fake. The CBI investigation relied on an extra‑judicial confession by a constable and several statements. Vijayan filed a discharge pet…
JUGRAJversusSTATE OF PUNJAB
2010 INSC 6227 January 2010Disposed off
Four persons, including Jugraj Singh, were accused of murdering former MLA Bachhitter Singh in December 1996. The trial court convicted all under Sections 302, 34 and related provisions, but the High Court acquitted three co‑accused while upholding Jugraj's conviction, relying on the recovery of a .12‑bore gun and fore…
CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIAversusSUBHASH CHANDRA AGRAWAL
2010 INSC 82026 November 2010Matter referred to larger bench
Subhash Chandra Agrawal filed a RTI application with the Central Public Information Officer (CPIO) of the Supreme Court seeking copies of files and correspondence concerning the appointment and transfer of judges, and asked that Section 6(3) of the RTI Act not be invoked. The CPIO replied that such records were not mai…
RAJA KHANversusU.P. SUNNI CENTRAL WAQF BOARD & ANR.
2010 INSC 82126 November 2010Dismissed
Raja Khan filed a civil suit in Hamirpur (Allahabad Bench jurisdiction) for lease of land in Bahraich (under Lucknow Bench) belonging to a Waqf Board. The High Court's Single Judge, hearing a writ petition filed in the Allahabad Bench, issued ex‑parte interim orders directing the respondents to allot the land and to en…
COMMISSIONER, CENTRAL EXCISE, MEERUTversusM/S. MONSANTO MANUFACTURE PVT. LTD.
2010 INSC 82226 November 2010Dismissed
M/s. Monsanto Manufacture Pvt. Ltd., a manufacturer of ice‑cream, entered into a sourcing agreement with Brooke Bond Lipton India Ltd. and Unilever (later Hindustan Lever Ltd.) and declared the price of its product based on that agreement, paying excise duty accordingly. The Central Excise Department issued a show‑caus…
COMMISSIONER, CENTRAL EXCISE, CHANDIGARHversusM/S. KWALITY ICE CREAM CO.
2010 INSC 82326 November 2010Dismissed
The Commissioner of Central Excise appealed against the CEGAT order that held Kwality Ice Cream Co. and its buyer, Brooke Bond Lipton India Ltd. (later HLL), were not "related persons" under Section 4(4)(c) of the Central Excise Tariff Act, 1985. The revenue argued that the sourcing agreement gave the buyer control ove…
SHIBANI BASUversusSANDIP RAY
2010 INSC 82526 November 2010Appeal(s) allowed
The plaintiff, a landlady, sued the tenant for eviction and possession of premises let on a month‑to‑month basis with rent payable according to the English calendar month. The trial court upheld the suit, but the first appellate court set aside the decree, holding that the notice of termination dated 15 January 2000 wa…
STATE OF U.P. & ORS.versusJASVIR SINGH & ORS.
2010 INSC 82626 November 2010Appeal(s) allowed
The Supreme Court examined a writ petition filed by landowners challenging the acquisition of their lands under the 1981 notifications of the Land Acquisition Act, 1894, and seeking fresh notifications and higher compensation. The High Court had repeatedly summoned senior state officials—Principal Secretaries of Public…
CHIRRA SHIVRAJversusSTATE OF ANDHRA PRADESH
2010 INSC 82426 November 2010Dismissed
The deceased, Chirra Shantha, had a strained relationship with her brother‑in‑law, the appellant, who allegedly abused her. On 21 April 1999 she poured kerosene on herself and the appellant threw a lit match, causing severe burns. She later died of septicemia; a dying declaration was recorded by a judicial magistrate a…
DILAWAR SINGH & ORS. ETC.versusUNION OF INDIA & ORS.
2010 INSC 73526 October 2010Appeal(s) allowed
A large tract of land on the outskirts of Pathankot was requisitioned for defence purposes under the Requisitioning and Acquisition of Immovable Property Act, 1952. The owners could not agree on compensation and sought the appointment of an arbitrator, which the Government delayed for sixteen years. The arbitrator awar…
SUDHAKARANversusSTATE OF KERALA
2010 INSC 74226 October 2010Dismissed
The appellant, Sudhakar, was accused of murdering his wife by striking her on the neck with a chopper, an act witnessed by neighbours who saw him carrying the blood‑stained weapon and his infant child. The trial court and the Kerala High Court convicted him under Section 302 IPC, rejecting his claim of insanity under S…
ANJANI CHAUDHARYversusSTATE OF BIHAR
2010 INSC 73826 October 2010Disposed off
The case involves the murder of Prem Kumar Chaudhary during a family land dispute, where three relatives—Anjani Chaudhary, Bhimsen Chaudhary and Kinkin Chaudhary—were alleged to have attacked the victim with a pistol, lathi, farsa and bhala respectively. The trial court and High Court convicted all three under Section …
SANGHARAJ BHOGAPPA KAMBLEversusSTATE OF MAHARASHTRA
2010 INSC 73926 October 2010Dismissed
On 5 November 1988, the deceased, a neighbour, was persuaded by the accused and his friend to join them for drinks. After consuming alcohol, the accused got into a quarrel with his father, slapped him, and was subsequently rebuked by the deceased who intervened. In a sudden fit of anger, the accused stabbed the decease…
ASSOCIATION OF LEASING AND FINANCIAL SERVICE COMPANIESversusUNION OF INDIA AND ORS.
2010 INSC 73326 October 2010Dismissed
The Association of Leasing and Financial Service Companies challenged the levy of service tax under Section 66 of the Finance Act, 1994 (as amended) on financial leasing, equipment leasing and hire‑purchase services, arguing that Parliament lacked competence under Entry 97 of List I because Article 366(29A) treated suc…
MOHD. USMAN MOHD. ISLAM SHAIKH & ORS.versusSTATE OF MAHARASHTRA
2010 INSC 74126 October 2010Dismissed
Four members of a family – the husband, his mother and two sisters – were charged with murdering the husband’s wife, who could not bear children. The prosecution relied on three independent eyewitnesses who testified to a prolonged quarrel and the beating of the victim, as well as medical testimony that the cause of de…
NIRMJAL JEET SINGH HOONversusIRTIZA HUSSAIN AND ORS.
2010 INSC 73626 October 2010Dismissed
The respondents filed a suit for ejectment and arrears of rent under the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, alleging that the defendants had illegally sub-let the property to the petitioner. The Provincial Small Cause Court decreed in favour of the respondents, holding that the petitione…
STATE OF U.P.versusMUNI RAM & ORS.
2010 INSC 73726 October 2010Dismissed
The State of Uttar Pradesh prosecuted Munni Ram and others for assault, homicide and offences under the Cattle Trespass Act arising from a dispute over trespassing buffaloes. The trial court convicted the accused, but the Allahabad High Court acquitted them after finding the prosecution witnesses unreliable and giving …
NANDYALA VENKATARAMANAversusSTATE OF ANDHRA PRADESH
2010 INSC 74026 October 2010Dismissed
Bhavani married Nandyala Venkataramana in 1992 and was given a dowry of one lakh rupees, but the husband demanded additional items on the wedding night and continued to harass her for further dowry. Despite a Panchayat order for the couple to live separately, the husband, his parents, and brother persisted in making do…
BRAHM SWAROOP & ANR.versusSTATE OF U.P.
2010 INSC 73426 October 2010Dismissed
The case involved six accused who were alleged to have fired on four persons, resulting in four deaths. The trial court acquitted Brahm Swaroop and Jagdish Baggar on the ground that the informant could not name their fathers and the weapon recovery was doubtful, while convicting the others. On appeal, the High Court re…
BABUBHAIversusSTATE OF GUJARAT & ORS. ETC.
2010 INSC 54126 August 2010Disposed off
Two FIRs (CR No.1‑154/2008 and CR No.1‑155/2008) were lodged for communal clashes in Dhedhal village. The High Court quashed the second FIR, merged the investigations, and transferred the case to the State CID, also directing that the charge‑sheet of the quashed FIR be read into the surviving case. The Supreme Court he…
A.M. BHARWAD AND OTHERSversusSTATE OF GUJARAT AND OTHERS
2010 INSC 54226 August 2010Disposed off
The petitioners challenged the Gujarat High Court's order dated 22‑12‑2009 concerning investigations that involved filing multiple FIRs, re‑investigation, and the propriety of a charge‑sheet. The Supreme Court observed that the legal questions raised had already been exhaustively decided in Babubhai v. State of Gujarat…
STATE OF HIMACHAL PRADESH & ANR.versusM/S. HIMACHAL TECHNO ENGINEERS & ANR.
2010 INSC 42926 July 2010Appeal(s) allowed
The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by the Executive Engin…
BIPIN KUMAR MONDALversusSTATE OF WEST BENGAL
2010 INSC 43026 July 2010Dismissed
Bipin Kumar Mondal was convicted for the murder of his wife and son and for causing hurt to another son under IPC sections 302 and 323. The prosecution’s case rested on the eyewitness testimony of the surviving son, Sujit Mondal, who lodged an Ejahar stating that his father attacked the family with a knife, and on corr…
AFCONS INFRASTRUCTURE LTD. AND ANR.versusCHERIAN VARKEY CONSTRUCTION CQ. (P) LTD. AND ORS.
2010 INSC 43126 July 2010Appeal(s) allowed
The Supreme Court examined a suit where the plaintiff sought recovery and the trial court, after an application under Section 89 of the CPC, formulated issues and referred the matter to arbitration despite the defendants' refusal. The Court held that Section 89 requires a preliminary hearing after pleadings, a summary …
PERNOD RICARD INDIA (P) LTD.versusCOMMISSIONER OF CUSTOMS, ICD TUGHLAKABAD
2010 INSC 43226 July 2010Disposed off
Pernod Ricard India (P) Ltd., a spirit manufacturer, imported Concentrate of Alcoholic Beverages (CAB) and was issued two show‑cause notices demanding differential customs duty. After several rounds of adjudication and remand, the Customs Commissioner applied Rule 6 of the 1988 Customs Valuation Rules to determine valu…
UNITED BANK OF INDIAversusSATYAWATI TONDON AND OTHERS
2010 INSC 42826 July 2010Appeal(s) allowed
United Bank of India (the appellant) issued notices under Sections 13(2) and 13(4) of the SARFAESI Act and obtained an order under Section 14 against guarantor Satyawati Tondon, without first taking action against the borrower, Pawan Color Lab. The guarantor filed a writ petition under Article 226 seeking an injunction…
DINESH KUMARversusYUSUF ALI
2010 INSC 33226 May 2010Disposed off
The respondent landlord, owner of a 152 sq.ft. shop, leased it to the appellant tenant from 1978 and periodically raised the rent, later filing an eviction suit under M.P. Accommodation Control Act, 1961 s.12(1)(f) claiming a bona‑fide need to use the premises for his own business, which he was conducting in a tiny 3 f…
U.P. STATE ROAD TRANSPORT CORPORATIONversusSURESH CHAND SHARMA
2010 INSC 33326 May 2010Disposed off
A bus conductor of the U.P. State Road Transport Corporation was found to have recovered fare from passengers travelling without tickets but failed to issue tickets, thereby misappropriating the public money. He was dismissed after a disciplinary enquiry that complied with the principles of natural justice, a decision …
SANTOSH MOOLYA AND ANR.versusSTATE OF KARNATAKA
2010 INSC 24126 April 2010Dismissed
The appellants, Santosh Moolya and another, were convicted for raping two sisters who were working in a quarry and were subsequently threatened not to report the crime. The victims lodged a police complaint 42 days after the incident, citing illiteracy, fear of retaliation, and lack of male family support as reasons fo…
AMARINDER SINGHversusSPECIAL COMMITIEE, PUNJAB VIDHAN ,SABHA & OTHERS
2010 INSC 24026 April 2010Disposed off
Captain Amarinder Singh, former Chief Minister of Punjab, was expelled from the Punjab Vidhan Sabha for the remainder of its 13th term after a Special Committee found him involved in an alleged illegal exemption of land during his tenure as Chief Minister in the 12th term. The appellant challenged the expulsion, arguin…
SPECIAL LAND ACQUISITION OFFICERversusKARIGOWDA & ORS.
2010 INSC 24226 April 2010Case Partly allowed
The Supreme Court examined the compensation awarded for land compulsorily acquired for the Hemavathi Dam project, where claimants cultivated mulberry for sericulture. The lower courts had enhanced compensation by treating silk cocoons as an agricultural product and using a capitalization method, also granting interest …
THE MANAGING DIRECTOR, HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LIMITEDversusTHE ASSISTANT REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION
2010 INSC 24326 April 2010Appeal(s) allowed
The Supreme Court examined whether two cooperative milk producer societies were liable to pay Employees' State Insurance (ESI) contributions for workers employed by contractors to transport milk. The societies argued that the contractors' workers were neither directly employed by them nor worked on their premises or un…
KAMAL KUMAR AGARWALversusCOMMISSIONER OF COMMERCIAL TAXES, WEST BENGAL & ORS.
2010 INSC 17226 March 2010Dismissed
The appellant, a Customs House Agent, signed the statutory declaration required under West Bengal Sales Tax Rules 211A before taking delivery of imported goods destined for Mumbai, transiting West Bengal. He failed to produce the endorsed counter‑signed copy of the declaration at the exit checkpost, leading the tax aut…
THE CHAIRMAN-CUM-MANAGING DIRECTOR, RAJASTHAN FINANCIAL CORPORATION AND ANR.versusCOMMANDER S.C. JAIN (RETD.) & ANR.
2010 INSC 17326 March 2010Appeal(s) allowed
The Rajasthan Financial Corporation (appellant) had sanctioned a term loan to Commander S.C. Jain (respondent) subject to submission of valid bills and receipts. The respondent repeatedly submitted fraudulent and incorrect documents, leading the corporation to withhold further disbursement of the loan. The respondent f…
PALLAWI RESOURCES LTD.versusPROTOS ENGINEERING COMPANY PVT. LTD.
2010 INSC 17426 March 2010Dismissed
The appellant leased premises for twenty years (1969‑1989) and, after the lease expired, served a notice under Section 20 of the West Bengal Premises Tenancy Act, 1997 seeking to increase the rent. The appellant argued that, because the tenancy had lasted twenty years, the premises were built before 1984 and were used …
TEHRI HYDRO DEVELOPMENT CORPORATIONversusALSTOM HYDRO FRANCE & ANR.
2010 INSC 17526 March 2010Disposed off
The Tehri Hydro Development Corporation (THDC) invited bids for the Tehri Pump Storage Plant, Phase‑II. Two consortia, Alstom Hydro France (respondent No.1) and Voith Siemens (respondent No.2), submitted bids. Alstom challenged the High Court’s order directing fresh bids on the grounds that the other consortium was not…
MANAM SARASWATHI SAMPOORNA KALAVATHI & ORS.versusMANAGER, APSRTC, TADEPALLIGUDEM A.P. & ANR.
2010 INSC 17626 March 2010Appeal(s) allowed
The deceased was riding a scooter when an APSRTC bus, driven rashly and without sounding the horn, struck it from behind, causing his death. The deceased's parents and sisters filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal held that the bus driver’s rash…
BHAGWAN DAS & ORS. ETC.versusSTATE OF UP & ORS.
2010 INSC 12726 February 2010Appeal(s) allowed
The appellants' land was acquired for a market yard and an award was made by the Land Acquisition Collector on 14 March 2007, but they were not served notice of the award until 25 October 2007 and only became aware of its contents on 16 November 2007. They filed an application under Section 18 of the Land Acquisition A…
ORIENTAL AROMA CHEMICAL INDUSTRIES LTD.versusGUJARAT INDUSTRIAL DEVELOPMENT CORPORATION AND ANOTHER
2010 INSC 12826 February 2010Appeal(s) allowed
The Supreme Court examined whether the Gujarat High Court was justified in condoning a delay of more than four years in filing an appeal against a decree dated 30‑10‑2004. The respondents, Gujarat Industrial Development Corporation, claimed the delay was caused by administrative mishandling and sought condonation under…
ASSISTANT C.L.T., VADODARAversusELECON ENGINEERING CO. LTD.
2010 INSC 12626 February 2010Appeal(s) allowed
The appellant, Assistant C.I.T., challenged the assessee Elecon Engineering's claim that roll‑over premium charges paid on foreign‑exchange forward contracts for a plant‑and‑machinery loan were deductible under Sections 36(1)(iii) or 37 of the Income‑Tax Act. The Tribunal and High Court had held the charges were revenu…
STATE OF UTTAR PRADESH & ORS.versusM/S. VAM ORGANIC CHEMICALS LIMITED
2010 INSC 12526 February 2010Disposed off
The respondents, manufacturers of notified chemicals, were granted Recognition Certificates under Section 4‑B of the Uttar Pradesh Trade Tax Act, 1948, allowing them to purchase high‑speed diesel oil (HSD) at a concessional tax rate. In 2000 the State issued a circular and show‑cause notices directing the deletion of H…
C.M. SHARMAversusSTATE OF A.P. TH. I.P.
2010 INSC 81525 November 2010Dismissed
The appellant, a Deputy Chief Engineer of South Central Railway, was accused of demanding and accepting a bribe of Rs.3,000 from a contractor after passing the contractor's final bill. A pre‑trap operation was conducted by the CBI, during which the contractor, a shadow‑witness, and the CBI inspector observed the appell…
GOPAL SWAROOPversusKRISHNA MURARI MANGAL & ORS.
2010 INSC 81725 November 2010Appeal(s) allowed
The plaintiff filed a partition suit against his father, the Karta of a joint family, who died during the proceedings. The plaintiff's brother, Gopal Swaroop, claimed that the deceased had executed a will leaving his share to him. The trial court and a single High Court judge held that the will was duly proved, but a D…
STATE OF ANDHRA PRADESHversusTHUMMALA ANJANEYULU
2010 INSC 81925 November 2010Appeal(s) allowed
The State of Andhra Pradesh appealed the acquittal of Thummala Anjaneyulu, who was charged with murdering Bhoomaiah during a village Panchayat after being provoked for allegedly ogling women. The trial court had convicted him under Section 302 IPC, but the High Court set him free, doubting the credibility of eyewitness…
SARUP SINGH AND ANR.versusUNION OF INDIA AND ANR.
2010 INSC 81625 November 2010Dismissed
The appellants sought enhanced solatium (30% instead of 15%) and higher interest rates (9% for the first year and 15% thereafter) under the 1984 amendment to the Land Acquisition Act, claiming that the amendment should apply to their awards which were finalized before the amendment came into force. The Supreme Court ex…
UNION OF INDIAversusSURESH KUMAR NAYAK
2010 INSC 81825 November 2010Appeal(s) allowed
The Union transferred administrative control of the Special Service Bureau and the Chief Inspectorate of Armaments from the Cabinet Secretariat to the Ministry of Home Affairs and trifurcated the Directorate General of Security (Secretarial) Service into three separate units, allocating staff on an "as is where is" bas…
ABBAS AHMAD CHOUDHARYversusSTATE OF ASSAM
2009 INSC 126225 November 2009Disposed off
On 15 September 1997 three accused—Md. Mizazul Haq, Abbas Ahmad Choudhary and an absconding Ranju Das—kidnapped, gagged and raped a girl aged about 13‑15 years. The trial court convicted both appellants under Sections 376 and 336 of the Indian Penal Code, a decision upheld by the Gauhati High Court. On appeal before th…
RAMJI PANDEY AND ORS.versusSWARAN KALI
2010 INSC 73125 October 2010Dismissed
The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that lacked pecuniary jurisd…
MOHD. SAUD & ANOTHERversusDR. (MAJ.) SHAIKH MAHFOOZ & OTHERS
2010 INSC 73025 October 2010Dismissed
In a civil suit, an Additional District Judge passed an interim order, against which a first appeal under Order 43 Rule 1 was filed before a Single Judge of the Orissa High Court. The Single Judge delivered a judgment on 6 August 2008, and a Letters Patent Appeal (LPA) was subsequently filed against that judgment. The …
CENTRAL BUREAU OF INVESTIGATIONversusKISHORE SINGH & OTHERS
2010 INSC 73225 October 2010Appeal(s) allowed
The CBI prosecuted three police officers for grievously injuring a detainee, Jugta Ram, in police custody, including the amputation of his penis using a razor. The trial court convicted all three under sections 326, 308, 323, 342, 343 and 120B of the IPC, but the Rajasthan High Court acquitted the ASI and SHO and reduc…
BIMAN BASUversusKALLOL GUHA THAKURTA & ANR.
2010 INSC 54025 August 2010Appeal(s) allowed
The respondents filed a criminal contempt petition in the Calcutta High Court against Biman Basu for making derogatory statements about a sitting High Court judge. The petition was filed under Section 15 of the Contempt of Courts Act, 1971, but without the written consent of the Advocate General, which the High Court t…
H.P. PUBLIC SERVICE COMMISSIONversusMUKESH THAKUR & ANR.
2010 INSC 33025 May 2010Appeal(s) allowed
The Himachal Pradesh Public Service Commission advertised 13 vacancies for Civil Judge (Junior Division) and conducted a written examination. Respondent No.1, Mukesh Thakur, secured the required aggregate marks but failed to obtain the mandatory 45% in the Civil Law‑II paper, and was therefore not called for interview.…
MAY GEORGEversusSPECIAL TAHSILDAR & ORS.
2010 INSC 33125 May 2010Dismissed
May George challenged the award of acquisition of her 33‑cent parcel under the Land Acquisition Act, 1894, alleging that she never received the notice required under Section 9(3). The High Court dismissed her writ petition but allowed her to file an application under Section 18. On appeal, the Supreme Court examined wh…
VIKRAM VIR VOHRAversusSHALINI BHALLA
2010 INSC 17025 March 2010Dismissed
The husband and wife obtained a mutual‑consent divorce under Section 13‑B of the Hindu Marriage Act, agreeing that the mother would retain custody of their son and the father would have fortnightly visitation. Both parties later filed applications under Section 26 of the Act seeking to modify the custody arrangement: t…
KUNGA NIMA LEPCHA & ORS.versusSTATE OF SIKKIM & ORS.
2010 INSC 16625 March 2010Dismissed
Four members of a political party filed a public‑interest writ petition under Article 32 of the Constitution alleging that the Chief Minister of Sikkim had amassed assets disproportionate to his known income and misappropriated public funds. They sought a mandamus directing the Central Bureau of Investigation to launch…
SUPREME PAPER MILLS LTD.versusASSTT. COMMNR. COMMERCIAL TAXES CALCUTTA & ORS.
2010 INSC 16725 March 2010Dismissed
Supreme Paper Mills Ltd., a paper manufacturer, filed sales tax returns and paid taxes under the Bengal Finance (Sales Tax) Act, 1941. The Commercial Taxes Department later issued a show‑cause notice under section 11E(2) alleging that the company had furnished incorrect turnover statements and proposing to reopen the d…
SIEL FOODS & FERTILIZERS INDUSTRIESversusUNION OF INDIA & ORS.
2010 INSC 16825 March 2010Dismissed
The Supreme Court reviewed petitions filed by polluting industries that had been ordered to surrender portions of their land for green belts after relocation from Delhi. The petitioners argued that the Delhi Development Authority (ODA) must acquire the surrendered land under Section 15 of the Delhi Development Authorit…
MD. SHAHABUDDINversusSTATE OF BIHAR & ORS.
2010 INSC 17125 March 2010Dismissed After
Md. Shahabuddin, a sitting MP, was in custody with more than forty criminal cases pending. Because of serious threats to public order, the Patna High Court, exercising its power under s.9(6) of the CrPC, issued a notification that the Court of Session would hold its sittings inside Siwan District Jail, and the Bihar Go…
RAVICHANDRANversusSTATE BY DY. SUPERIN. OF POLICE, MADRAS
2010 INSC 16925 March 2010Appeal(s) allowed
The appellants were convicted for conspiracy, cheating, forgery of a palmolein oil permit and offences under the Prevention of Corruption Act and Essential Commodities Act. The prosecution alleged that accused A1, A2 and A4 had interpolated and forged the permit, relying mainly on handwriting identification by witnesse…
A. P. PUBLIC SERVICE COMMISSIONversusPRASADA RAO AND ORS.
2010 INSC 12125 February 2010Disposed off
The dispute concerned the select list prepared by the Andhra Pradesh Public Service Commission (APPSC) for Group‑I services, which had been altered by a Tribunal and affirmed by the High Court. The Supreme Court examined whether the Tribunal’s directions should stand or be modified to avoid complications. It held that …
SECURITIES AND EXCHANGE BOARD OF INDIAversusAJAY AGARWAL
2010 INSC 12325 February 2010Appeal(s) allowed
The Securities and Exchange Board of India (SEBI) issued a show‑cause notice and later a restraining order under Sections 11, 11(4)(b) and 11‑B of the SEBI Act, 1992, prohibiting Ajay Agarwal from associating with any corporate body and from dealing in securities for five years, based on alleged mis‑statements in a 199…
MAHARASHTRA UNIVERSITY OF HEALTH SC. & ORS.versusSATCHIKITSA PRASARAK MANDAL & ORS.
2010 INSC 12425 February 2010Appeal(s) allowed
The Maharashtra University of Health Sciences (MUHS) constituted a Grievance Committee under Section 53 of the Maharashtra University of Health Sciences Act, 1998 to address complaints of two unapproved lecturers (the 5th and 6th respondents) alleging sexual harassment and other mistreatment. The college and the two le…
NEW INDIA ASSURANCE CO. LTD.versusRAGHUVIR SINGH NARANG & ANR.
2010 INSC 12225 February 2010Appeal(s) allowed
The Supreme Court examined whether Development Officers of New India Assurance who exercised the Special Voluntary Retirement Package (SVRP) under the 2003 Amendment Scheme could withdraw their option before the employer’s acceptance. The Court held that the SVRP is part of a statutory scheme framed under Section 17A o…
VIKRAM SINGH & ORS.versusSTATE OF PUNJAB
2010 INSC 5825 January 2010Disposed off
The appellants Vikram Singh, Jasvir Singh and Sonia were convicted for kidnapping a 16‑year‑old boy, Abhi Verma, for ransom, administering chloroform and pentazocine which caused his death, and for conspiracy under Sections 302, 364A, 201 and 120‑8 IPC. The Supreme Court examined the sufficiency of circumstantial and e…
THE COMMISSIONER OF CENTRAL EXCISE, GOA & ANR.versusM/S. FUNSKOOL (INDIA) LTD. & ANR.
2010 INSC 5925 January 2010Appeal(s) allowed
The Commissioner of Central Excise, Goa appealed the classification of 34 board‑game items manufactured by M/s Funskool (India) Ltd. The Supreme Court, relying on its earlier decision in Mis. Pleasantime Products, held that three of the items—"Snake and Ladder", "Monopoly" and "Scrabble/Upwords"—fall under Chapter 95.0…
D.M. BELGAMVALAversusTAMILNADU REAL ESTATES (P) LTD.
2010 INSC 80824 November 2010Hearing Adjourned
The landlord obtained an eviction decree against the tenant, D.M. Belgamvala, on the ground that the 100‑year‑old building needed demolition. The tenant filed a Special Leave Petition (SLP) challenging the High Court's order, which the Supreme Court dismissed on 14 May 2010, granting the tenant six months to vacate sub…