Created by Fuzzy Cloud

Judgments of 2010

906 judgments · newest first · showing 1–200

STATE OF ANDHRA PRADESHversusVISWANADULA CHETTI BABU ETC.

2010 INSC 895Dismissed

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 …

ABRARversusTHE STATE OF UTTAR PRADESH

2010 INSC 885Dismissed

Advocate A was attacked by four armed men on 3 April 1979; he was shot from behind and later died. The prosecution relied on three dying declarations—one forming the FIR, one recorded under Section 161 CrPC by a Sub‑Inspector, and a third recorded by the Tahsildar after a doctor certified the victim …

SUBHASHversusSLATE OF HARYANA

2010 INSC 886Appeal(s) allowed

The appellant Subhash was convicted under Sections 306 and 498A IPC for the death of his wife Anuradha, who suffered severe burns. The prosecution's case relied primarily on a dying declaration recorded by Sub‑Divisional Magistrate Ravi Malik, which alleged that the victim attempted suicide due to …

HARI SINGH AND ANR.versusSTATE OF UTTAR PRADESH

2010 INSC 887Dismissed

Hari Singh and his brother Mohar Singh, who ran a brick kiln, had a business rivalry with Guiab Singh, the deceased, over nearby kilns. On a moonless night, the brothers entered Guiab Singh's house; Mohar fired a country-made pistol at close range, killing him. The victim's son Prem Pal and two …

SUBHASH CHANDversusSTATE OF HARYANA & ORS.

2010 INSC 888Dismissed

The mother of the appellant filed an application for recovery of rent and eviction of a tenant under the Punjab Security of Land Tenures Act, 1953. The tenant argued that he was entitled to occupancy rights and therefore not liable for rent, and that the application should be treated as a suit under …

COMMISSIONER CENTRAL EXCISE, DELHIversusM/S. ACE AUTO COMP. LTD.

2010 INSC 889Appeal(s) allowed

ACE Auto Components Ltd, a small‑scale industrial unit, manufactured clutch parts and affixed the well‑known brand name "TATA" alongside its own brand "ACE" on the goods supplied to Tata vehicles. It claimed exemption from central excise duty under SSI Notification Nos. 1/93‑CE and 16/97‑CE. The …

COMMISSIONER OF INCOME TAX, CHENNAIversusTULSYAN NEC LTD.

2010 INSC 884Dismissed

The Supreme Court examined whether Minimum Alternate Tax (MAT) credit under Section 115JAA of the Income Tax Act, 1961 must be set off against assessed tax before computing interest under Sections 234A, 234B and 234C. It held that the tax paid under Section 115JA is a "tax" within the meaning of the …

SANJAY KUMAR JAINversusSTATE OF DELHI

2010 INSC 890Case Partly allowed

The appellant Sanjay Kumar Jain was convicted of murder under Section 302 IPC for the death of his wife within fourteen months of marriage, based on circumstantial evidence and a post‑mortem indicating strangulation. The Supreme Court found serious inconsistencies in the prosecution’s version, …

SHER SINGH & ANR.versusSTATE OF HARYANA

2010 INSC 891Disposed off

The case involved a violent attack on a farming family in Haryana, resulting in the death of the husband (Urned Singh) and injuries to his wife and son. The accused were charged under Sections 302, 149, 323 and 148 of the IPC. The High Court reduced the murder conviction to culpable homicide not …

SAFIYA BEEversusMOHD. VAJAHATH HUSSAIN ALIAS FASI

2010 INSC 892Appeal(s) allowed

Safiya Bee purchased a house and its adjoining vacant land by a registered sale deed, but the respondent forcibly occupied the property. She filed an application under Section 7‑A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 before the Special Tribunal seeking possession of the house …

D.N. JEEVARAJU & ANR.versusD. SUDHAKAR & ORS. ETC.

2010 INSC 893Dismissed

Five independent MLAs who had supported the BJP government in Karnataka withdrew their support and were disqualified under paragraph 2(2) of the Tenth Schedule. They filed writ petitions challenging the disqualification and sought to amend paragraph 9 of their petitions, which mistakenly stated that …

MOHAMMAD MIANversusSTATE OF U.P.

2010 INSC 894Dismissed

The case involved a long‑standing enmity between Mohammad Mian and the Husain family, which escalated into a gun‑fire incident resulting in the death of Riyasat Husain and grievous injury to his brother Firasat Husain. The trial court acquitted the accused of murder under Sections 302 and 34 IPC, …

C.C.E.C. ST., VISHAKHAPATNAMversusJOCIL LTD.

2010 INSC 878Appeal(s) allowed

The revenue appealed against JOCIL Ltd. challenging the classification of imported crude palm stearin. The importer had declared the product under Chapter 15 sub‑heading 15.11.90.90 as non‑edible industrial grade crude palm stearin, while the customs authorities re‑classified it as RBD palm stearin …

SMT. MOULANA SHAMSHUNNISA & ETC.versusADDITIONAL CHIEF SECRETARY & ORS.

2010 INSC 879Appeal(s) allowed

The appellant's son, Nazhar Ahmed, was arrested at Bangalore Airport with undeclared gold jewellery and later granted bail by a Special Court. He was subsequently detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the Advisory Board …

PARLE BISLERI PVT. LTD.versusCOMMR. OF CUSTOMS & CENTRAL EX., AHMEDABAD

2010 INSC 882Dismissed

Parle Bisleri Pvt. Ltd., the holding company of Parle Exports Ltd. (PEL), manufactured soft‑drink flavours identified by code names that were developed by PEL. The appellant claimed Small Scale Industry (SSI) exemption under Notifications 175/86 and 1/93 for the years 1989‑1994, while the Revenue …

KOOTHA PERUMALversusSTATE TR. INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION

2010 INSC 883Dismissed

The appellant, a municipal officer, was accused of demanding a Rs.50 bribe for issuing a tax certificate and was caught in a police‑laid trap using phenolphthalein‑treated currency notes. He was convicted under Sections 7 and 13 of the Prevention of Corruption Act, 1988, and the conviction was …

BIRLA TECHNOLOGIES LTD.versusNEUTRAL GLASS AND ALLIED INDUSTRIES LTD.

2010 INSC 880Appeal(s) allowed

Birla Technologies developed software modules for Neutral Glass, which later complained of deficiencies. The respondent filed a consumer complaint alleging deficiency in services. The State Consumer Commission dismissed it, holding the respondent was not a consumer. The National Commission reversed …

STATE OF U.P. AND ORS.versusSANGAM NATH PANDEY AND ORS.

2010 INSC 881Appeal(s) allowed

The State of Uttar Pradesh sought to fill 367 reserved‑category vacancies through a special recruitment, treating them as backlog vacancies, while eight general‑category candidates challenged this exclusion as illegal. The High Court held the State’s action unjustified and ordered a fresh result as …

STATE OF A. P.versusM. SOHAN BABU & ANR.

2010 INSC 874Appeal(s) allowed

The accused entered a residential house at midnight armed with knives, intending to commit robbery. When confronted by the deceased, a scuffle ensued; A2 stabbed the deceased in the abdomen and a witness, while A1 also stabbed the deceased and threatened other occupants. The deceased died on the way …

K. BALARAMANversusCHAIRMAN, RAILWAY BOARD AND ORS.

2010 INSC 875Dismissed

The appellant, a Railway Board employee promoted to Stock Verifier, received three advance increments for passing a prescribed examination. The Railway Board issued communications in 1995 and 1996 stating that such increments are "additional" and should not be treated as part of basic pay for …

SMT. GEETAversusSTATE OF U. P. & ORS.

2010 INSC 876Appeal(s) allowed

The Uttar Pradesh Panchayat Laws (Amendment) Act, 2007 abolished the post of Up‑Pramukh in Kshettra Panchayats but retained a non‑obstante clause in section 7(3) stating that those elected before the amendment would continue to hold office as such until their term ends. A dispute arose whether a …

STATE OF MAHARASHTRA AND ORS.versusSARANGDHAR SINGH SHIVDAS SINGH CHAVAN AND ANR.

2010 INSC 877Dismissed

The State of Maharashtra appealed against a Bombay High Court order that quashed a Collector’s directive, issued on the instructions of the Chief Minister, which required police to obtain clearance from a District Anti‑Money Lending Committee and a legal opinion before registering any FIR against …

SAINATH MANDIR TRUSTversusVIJAYA & ORS.

2010 INSC 873Appeal(s) allowed

The Sainath Mandir Trust, a registered public trust, received a plot of land in 1974 as a gift deed dedicated to the idol of Saibaba, and took possession of it. In 1982 the predecessor of respondents 1‑7 purchased the same plot from the original owner (respondent No.8) by a registered sale deed, but …

RAJA KHANversusU.P. SUNNI CENTRAL WAQF BOARD & ANR.

2010 INSC 872Disposed off

The Supreme Court entertained an application seeking to expunge certain observations made in its own judgment dated 26 November 2010, wherein it had remarked that there were complaints against "certain judges" of the Allahabad High Court and that some lawyers related to judges were misusing those …

RAJ KISHORE (DEAD) BY LRS.versusPREM SINGH & ORS.

2010 INSC 870Dismissed

The plaintiff Raj Kishore executed a sale deed in 1974 transferring land to Prem Singh for Rs 6,000, claiming it was a security for a loan and that an agreement for re‑conveyance would revert the land upon repayment by 6 July 1981. He sued for a declaration that the sale deed was void and that he …

NASEEM AHMAD & ORS.versusSTATE OF U.P. & ANR.

2010 INSC 868Appeal(s) allowed

The appellants applied for Class IV posts in the Mahoba District Judgeship and were placed on a select list (waiting list) on 19 September 2000. They received appointment letters on 13 August 2001, i.e., within one year of their selection. The District Judge later cancelled the waiting list and …

COMMNR. OF CENTRAL EXCISE, CHANDIGARHversusM/S. PEPSI FOODS LTD.

2010 INSC 869Case Partly allowed

Pepsi Foods Ltd. manufactured snack products and sold 96% of them to its related person, M/s. Frito‑Lay India, claiming that the sale occurred at its factory gate and that freight charges to the related‑person’s depot should be excluded from the assessable value. The Revenue argued that under the …

KEDAR SHASHIKANT DESHPANDE ETC. ETC.versusBHOR MUNICIPAL COUNCIL AND ORS. ETC. ETC.

2010 INSC 871Dismissed

The appellants were elected as councillors of Bhor Municipal Council on the ticket of the NCP, later left the party and formed a new political front. Respondents filed a disqualification petition under the Maharashtra Local Authority Members Disqualification Act, 1986, alleging that the appellants …

STATE OF HIMACHAL PRADESHversusNISHANT SAREEN

2010 INSC 864Dismissed

Nishant Sareen, a Drug Inspector, was caught accepting a bribe and the Vigilance Department sought sanction to prosecute him under Section 19 of the Prevention of Corruption Act, 1988. The Principal Secretary (Health) first refused sanction, deeming the case frivolous, but later reversed the …

MAN SINGH (D) BY LRS.versusRAM KALA (D) BY LRS. & ORS.

2010 INSC 865Disposed off

Soran died intestate leaving two wives, a son and three daughters. Shingari, one of the widows, had a son Man Singh from a prior marriage. Man Singh sued Shingari claiming ownership of land based on a 1978 family settlement, asserting she held a one‑fifth share after Soran's death; the trial court …

MEWAR POLYTEX LTD.versusUNION OF INDIA AND ORS.

2010 INSC 866Disposed off

Mewar PolytEx Ltd exported PP fabrics under the Advance Licensing Scheme and, in its AR‑4 declarations, stated that it would not claim Modvat credit. Later the company claimed Modvat credit on the indigenous inputs used for the export and also drew back counter‑vailing duty on imported inputs, …

COMMNR. OF CUSTOMS (PREVENTIVE) MUMBAIversusM/S. M. AMBALAL & CO.

2010 INSC 867Disposed off

The Customs department seized a large quantity of rough diamonds from M/s. M. Ambalal & Co. after the firm failed to produce a valid import licence. The firm was directed to pay duty, a redemption fine and penalty, but appealed claiming exemption under Notification No.247-Cus dated 02‑08‑1976, which …

ELECTION COMMISSION OF INDIAversusTELANGANA RASTRA SAMITHI & ANR.

2010 INSC 862Disposed off

The Election Commission of India withheld bye‑elections in the Vemulawada and Sircilla Assembly constituencies because an election petition challenging the previous election was pending. The petitioners challenged this decision before the Supreme Court, which examined the interpretation of Section …

T.G. ASHOK KUMARversusGOVINDAMMAL AND ANR.

2010 INSC 863Case Partly allowed

The appellant, T.G. Ashok Kumar, purchased a plot from the second respondent in 1990, unaware of a pending partition suit filed by the first respondent. The partition suit, which was not collusive, was decreed in 1994 and finally divided the property such that three‑quarters went to the first …

BALASAHEB @ RAMESH LAXMAN DESHMUKHversusSTATE OF MAHARASHTRA & ANR.

2010 INSC 854Dismissed

The appellant was recorded as a witness under Section 161 of the CrPC in a police case concerning an assault, and later named as an accused in a separate complaint case arising from the same incident. He sought to invoke Article 20(3) of the Constitution to refuse to give testimony in the police …

M. SUDAKARversusV. MANOHARAN & ORS.

2010 INSC 853Appeal(s) allowed

M. Sudakar, the President of the Aruppukkottai Nadarkal Uravinmurai Pothu Abiruthi Trust, was debarred by a General Body resolution dated 7 January 2007 from holding any post in the Trust for ten years. He filed writ petitions under Article 226 of the Constitution seeking to restrain the …

SAROJ & ORS.versusHET LAL & ORS.

2010 INSC 855Remitted to Lower Court

The legal representatives of the deceased Joginder Singh filed a claim petition under Section 166 of the Motor Vehicles Act against the driver, the vehicle owner and the insurer, alleging that a Tata 207 vehicle owned by the respondent and driven rashly caused Singh's death. The Motor Accident …

SURAJ BHAN MEENA & ANR.versusSTATE OF RAJASTHAN & ORS.

2010 INSC 857Disposed off

The Rajasthan High Court quashed two state notifications that granted consequential seniority to Scheduled Caste and Scheduled Tribe officers promoted under reservation, on the ground that the state had not complied with the requirements laid down in M. Nagaraj's case. The petitioners, members of …

SURENDER & ORS.versusGADDA BALAIAH & ORS.

2010 INSC 858Disposed off

The Supreme Court heard appeals arising from a single‑bench order of the Andhra Pradesh High Court that dismissed the State's revision petition and allowed the respondents' revision petition, thereby restoring an earlier revenue order concerning tenancy rights over 190 acres in Gachibowli Village. …

MOTI RAM (D) THR. LRS. & ANR.versusASHOK KUMAR & ANR.

2010 INSC 859Hearing Adjourned

In a landlord‑tenant dispute, the Supreme Court referred the matter to the Chandigarh Mediation Centre. The mediation did not result in an agreement, and the mediator submitted a report that disclosed the parties' settlement offers. The Court held that mediation proceedings are strictly confidential …

ANJANI MOLU DESSAIversusSTATE OF GOA & ANR.

2010 INSC 861Case Partly allowed

The Supreme Court examined the compensation awarded for 3,65,375 sq.m. of orchard and paddy land acquired in Goa for a railway project. The Land Acquisition Collector had based the market value on two sale deeds, one for a comparable orchard parcel sold at Rs.43.80 per sq.m. and another distant …

CHATII KONATI RAO & ORS.versusPALLE VENKATA SUBBA RAO

2010 INSC 860Dismissed

The Supreme Court examined a civil appeal arising from a suit for recovery of possession of land. The plaintiffs claimed title based on inheritance, while the defendants asserted ownership either through a purported sale or by adverse possession. The High Court, in a Letters Patent appeal, held that …

A.S. MOHAMMED RAFIversusSTATE OF TAMIL NADU REP. BY HOME DEPT. AND ORS.

2010 INSC 851Disposed off

The Supreme Court examined the legality of resolutions passed by various Bar Associations refusing to represent certain accused persons in criminal cases. It held that every individual, irrespective of the nature of the alleged crime, has a constitutional right to be defended and that it is the …

UNION OF INDIA AND OTHERSversusM/S. PRINCE RUBBER INDUSTRIES

2010 INSC 847Dismissed

The respondent, Mis. Prince Rubber Industries, sought an 8% cash compulsory support premium against an advance import licence under a scheme funded by the RBI. The Deputy Director General of Foreign Trade rejected the claim, stating that the scheme had been closed in 1994. The respondent filed a …

ELECTION COMMISSION OF INDIAversusTELEANGANA RASTRA SAMITHI & ANR.

2010 INSC 848Appeal(s) allowed

Twelve members of the Andhra Pradesh Legislative Assembly resigned to press for a separate Telangana state, creating twelve casual vacancies. The Election Commission of India (ECI) announced bye‑elections for ten clear vacancies but withheld elections for two constituencies where election petitions …

JOHN PANDIANversusSTATE REP. BY INSPECTOR OF POLICE, T. NADU

2010 INSC 846Disposed off

The case concerns the murder of Vivekanandan in Coimbatore, allegedly orchestrated by Venkatraman (A‑1) out of a love rivalry and carried out by hired assassins Kumar (A‑9), Pavunraj (A‑10) and Prince Kumar (A‑11). The trial court convicted all accused under sections 302, 34, 109 and 120B IPC; the …

STATE OF U.P. AND ORS.versusHIRENDRA PAL SINGH ETC

2010 INSC 845Disposed off

The Uttar Pradesh Legal Remembrancer Manual was amended on 13 August 2008 to reduce the retirement age of District Government Counsels from 62 to 60 years and to dispense with the requirement of consulting the District Judge. The Allahabad High Court stayed the amendment and directed the State to …

KULDEEP SINGHversusG.M., INSTRUMENT DESIGN DEVELOPMENT AND FACILITIES CENTRE & ANR.

2010 INSC 849Appeal(s) allowed

Kuldeep Singh, a data entry operator, was terminated by the Instrument Design Development and Facilities Centre without complying with the notice and compensation requirements of Section 25F of the Industrial Disputes Act, 1947. He made numerous representations to various government officials, after …

SIDDHARAM SATLINGAPPA MHETREversusSTATE OF MAHARASHTRA AND OTHERS

2010 INSC 843Appeal(s) allowed

The appellant, a Congress party member, was accused of instigating party workers to fire on BJP supporters, resulting in a murder eight days later. He applied for anticipatory bail under Section 438 of the CrPC, which the High Court rejected. The Supreme Court, relying on the Constitution Bench …

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusVIMAL KUMAR SURANA AND ANOTHER

2010 INSC 840Appeal(s) allowed

Vimal Kumar Surana, who had passed the Chartered Accountant examination but was not a member of the Institute, impersonated a chartered accountant, prepared audit reports and forged the Institute's seal before tax authorities. The Institute filed a criminal complaint alleging offences under the …

JOSEPH M. PUTHUSSERYversusT.S. JOHN & ORS.

2010 INSC 841Appeal(s) allowed

The appellant, Joseph M. Puthussery, was elected to the Kerala Legislative Assembly in 2001. Respondent T.S. John filed an election petition alleging that the appellant committed a corrupt practice under s.123(4) of the Representation of the People Act by distributing a pamphlet (Ext. X4) containing …

UNION OF INDIAversusA. DURAIRAJ (D) BY LRS.

2010 INSC 838Appeal(s) allowed

A. Durairaj, a senior section engineer of Southern Railways, was denied an ad‑hoc promotion to Assistant Signal and Telecommunication Engineer (ASTE) in 1976 on the ground of colour blindness as certified by a medical report. After obtaining a B.E. degree in 1998, he was medically cleared and …

LAXMI RAM PAWARversusSITABAI BALU DHOTRE & ANR.

2010 INSC 839Appeal(s) allowed

Sitabai Balu Dhotre claimed ownership of a small room in Pune and sued Laxmi Ram Pawar for possession, alleging Pawar was a trespasser. Pawar argued the room lay in a slum area declared under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and that any eviction suit …

GHANSHYAM SHARMA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

2010 INSC 842Disposed off

The case concerned Lower Division Clerks/Upper Division Clerks (special promotees) who were appointed as regular stenographers on 25‑04‑1992 under proviso (5A) of the Rajasthan Secretariat Ministerial Service Rules, 1970, claiming retrospective seniority from their ad‑hoc appointments in 1978‑79. …

ARUN LAL & ORS.versusUNION OF INDIA & ORS.

2010 INSC 835Dismissed

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 …

DR. ASHISH RANJANversusDR. ANUPAMA TANDON AND ANR.

2010 INSC 836Disposed 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 …

BHARAT STEEL TUBES LIMITEDversusIFCI LIMITED

2010 INSC 837Disposed 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 …

AMAR CHAKRAVARTY & ORS.versusMARUTI SUZUKI INDIA LTD.

2010 INSC 828Appeal(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. …

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

2010 INSC 829Matter 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 …

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

2010 INSC 830Dismissed

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 …

R.S. SUJATHAversusSTATE OF KARNATAKA AND ORS.

2010 INSC 832Appeal(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 …

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

2010 INSC 833Appeal(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 …

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

2010 INSC 831Appeal(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) …

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

2010 INSC 834Dismissed

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 …

B.S.N.LversusRELIANCE COMMUNICATION LTD.

2010 INSC 827Appeal(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 …

CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIAversusSUBHASH CHANDRA AGRAWAL

2010 INSC 820Matter 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 …

RAJA KHANversusU.P. SUNNI CENTRAL WAQF BOARD & ANR.

2010 INSC 821Dismissed

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 …

COMMISSIONER, CENTRAL EXCISE, MEERUTversusM/S. MONSANTO MANUFACTURE PVT. LTD.

2010 INSC 822Dismissed

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 …

COMMISSIONER, CENTRAL EXCISE, CHANDIGARHversusM/S. KWALITY ICE CREAM CO.

2010 INSC 823Dismissed

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 …

SHIBANI BASUversusSANDIP RAY

2010 INSC 825Appeal(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 …

STATE OF U.P. & ORS.versusJASVIR SINGH & ORS.

2010 INSC 826Appeal(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 …

CHIRRA SHIVRAJversusSTATE OF ANDHRA PRADESH

2010 INSC 824Dismissed

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 …

C.M. SHARMAversusSTATE OF A.P. TH. I.P.

2010 INSC 815Dismissed

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 …

GOPAL SWAROOPversusKRISHNA MURARI MANGAL & ORS.

2010 INSC 817Appeal(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 …

STATE OF ANDHRA PRADESHversusTHUMMALA ANJANEYULU

2010 INSC 819Appeal(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 …

SARUP SINGH AND ANR.versusUNION OF INDIA AND ANR.

2010 INSC 816Dismissed

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. …

UNION OF INDIAversusSURESH KUMAR NAYAK

2010 INSC 818Appeal(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 …

D.M. BELGAMVALAversusTAMILNADU REAL ESTATES (P) LTD.

2010 INSC 808Hearing 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 …

DAYA SHANKAR YADAVversusUNION OF INDIA & ORS.

2010 INSC 809Dismissed

The appellant, Daya Shankar Yadav, was appointed as a constable in the Central Reserve Police Force in 2003. In the verification roll he filled in July 2004, he answered ‘no’ to questions asking whether he had ever been arrested, prosecuted, detained, fined or convicted, despite a criminal case …

RAM CHANDRA BHAGATversusSTATE OF JHARKHAND

2010 INSC 810Hearing Adjourned

The appellant, Ram Chandra Bhaghat, was convicted under Section 493 of the Indian Penal Code for deceitfully inducing a belief of lawful marriage and cohabiting with the complainant for nine years, during which they had two children. The appellant argued that no belief of a lawful marriage was …

CENTRAL BUREAU OF NARCOTICSversusBAHADUR SINGH

2010 INSC 813Dismissed

The Central Bureau of Narcotics alleged that Bahadur Singh, a servant in a dhaba, was found with a key that opened a locked box containing 17.45 kg of opium. The trial court convicted him under Sections 8 and 18 of the NDPS Act, but the Rajasthan High Court acquitted him, holding that there were no …

DATTAversusSTATE OF MAHARASHTRA

2010 INSC 814Dismissed

The appellant was charged under Section 376 of the Indian Penal Code for raping a girl aged 10‑12 years. The trial court acquitted him due to lack of medical proof, but the High Court set aside the acquittal, finding the victim’s and her mother’s statements credible and interpreting the medical …

C.N. ANANTHARAMversusM/S. FIAT INDIA LTD. AND ORS. ETC. ETC.

2010 INSC 811Disposed off

The petitioner bought a diesel Fiat Siena Weekender and complained of engine rattling noise, leading the dealer to replace the engine and other parts. Unsatisfied, he demanded a new vehicle or a refund of the purchase price and expenses, filing complaints before the District Forum, State Commission, …

INDIAN INSTITUTE OF TECHNOLOGY, KANPURversusRAJA RAM VERMA AND ORS.

2010 INSC 812Appeal(s) allowed

The Supreme Court examined whether IIT Kanpur could limit the extension of retirement age to 62 years only to teachers and staff treated on par with teachers, as per communications from the Ministry of Human Resource Development. The first respondent, an Assistant Registrar, claimed entitlement to …

GIAN SINGHversusSTATE OF PUNJAB & ANR

2010 INSC 803Matter referred to larger bench

Gian Singh was convicted under IPC Sections 420 (cheating) and 120B (criminal conspiracy). While his appeal was pending, he sought to compound the offences and filed a petition under CrPC Section 482 to quash the FIR, which the High Court dismissed. The Supreme Court examined whether a …

HARBHAJAN SINGHversusSTATE OF HIMACHAL PRADESH & ORS.

2010 INSC 804Dismissed

The Himachal Pradesh Government declared a consolidation scheme for Revenue Estate Damtal Khas under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, allocating land to Harbhajan Singh and Damtal Temple. After valuation and exchange orders were made, neither …

BOARD OF WAKF, WEST BENGALversusANIS FATMA BEGUM AND ANR.

2010 INSC 805Appeal(s) allowed

The case concerned a dispute over the demarcation of a Wakf estate created by a 1936 deed, which divided the property into 75% for the descendants (Wakf‑al‑al‑aulad) and 25% for religious purposes. A suit for demarcation was filed in the Calcutta High Court, which held that the demarcation was …

MANOJ YADAVversusPUSHPA @ KIRAN YADAV

[2010] 13 S.C.R. 897

The Supreme Court heard a Special Leave Petition (CrL) No. 6568 of 2009 filed by Manoj Yadav against Pushpa @ Kiran Yadav concerning the grant of maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The issue arose because several states (Madhya Pradesh, Maharashtra, Rajasthan, …

TASSADIQ HUSSAINversusMOHD. RASHID QURESHI AND ORS.

2010 INSC 806Dismissed

The Supreme Court examined whether a candidate from Rajouri could contest a Legislative Council seat reserved for a resident of Poonch District under the Jammu & Kashmir Constitution. The election was held after the Returning Officer accepted the Rajouri candidate’s nomination, despite an objection …

RAJBIR @ RAJU AND ANR.versusSTATE OF HARYANA

2010 INSC 800Hearing Adjourned

The Supreme Court examined a special leave petition filed by Rajbir (the husband) and his mother, who were convicted for the murder of Rajbir's pregnant wife Sunita under Section 304B of the IPC. The trial court had sentenced Rajbir to life imprisonment, but the Punjab & Haryana High Court reduced …

THATHAMSETTY SURESHversusSTATE OF A.P.

2010 INSC 801Hearing Adjourned

Thathamsetty Suresh was convicted under Section 302 IPC for the murder of his wife and sentenced to life imprisonment. He filed a Special Leave Petition before the Supreme Court seeking relief from the conviction and sentence. The Court examined the post‑mortem report, which showed multiple …

MANOJ YADAVversusPUSHPA @ KIRAN YADAV

2010 INSC 802Hearing Adjourned

Manoj Yadav challenged a High Court order granting his wife maintenance of Rs.4,000 per month under Section 125 of the Criminal Procedure Code, contending that a Madhya Pradesh amendment capped maintenance at Rs.3,000. The Supreme Court granted the husband time to challenge the constitutional …

M/S. XEROX INDIA LTD.versusCOMMISSIONER OF CUSTOMS, MUMBAI

2010 INSC 797Appeal(s) allowed

Xerox India Ltd. imported three multi‑functional machines that combine printing, scanning, copying and fax functions and sought classification under heading 8471.60 of the Customs Tariff Act, 1985. The Deputy Commissioner and subsequent authorities classified the machines under the residual heading …

GOVIND SINGHversusHARCHAND KAUR

2010 INSC 798Appeal(s) allowed

Govind Singh, a former Social Security Minister, resigned on 12 January 2002 and filed his nomination as an independent candidate on 23 January 2002. He was elected MLA from the Sherpur (SC) constituency on 13 February 2002. The defeated candidate, Harchand Kaur, filed an election petition alleging …

SAYGO BAIversusCHUEERU BAJRANGI

2010 INSC 791Appeal(s) allowed

The appellant, Saygo Bai, filed a Section 125 CrPC application for maintenance for herself and her two minor children after her husband, Chueeru Bajrangi, took a second wife and threw her out of the matrimonial home. The trial court, revision court, and High Court dismissed her claim, relying on her …

NAHAR SINGH YADAV & ANR.versusUNION OF INDIA & ORS.

2010 INSC 790Dismissed

The Supreme Court considered an application by the Central Bureau of Investigation (CBI) to transfer the trial of the Ghaziabad Provident Fund scam from the Special Judge, CBI, Ghaziabad to a court in Delhi. The case involved alleged fraudulent withdrawals of government funds by former court …

JITENDRA SINGH @ BABBOO SINGH & ANR.versusSTATE OF U.P.

2010 INSC 795Hearing Adjourned

Jitendra Singh, convicted under IPC sections 304B and 498A for a 1988 incident, filed a petition seeking to raise an additional ground that he was a minor under the Juvenile (Care and Protection of Children) Act, 2000 at the time of the offence. He submitted a school leaving certificate, marks‑sheet …

NADIRSHA SHAPURJI PATEL (D) BY LRS. AND ORS.versusDEPUTY COLLECTOR AND LA AND ANR.

2010 INSC 792Disposed off

The State of Gujarat acquired land in Mora village for a gas‑based thermal power project under the Land Acquisition Act, 1894. The land acquisition officer initially fixed compensation at Rs 3.50 per square metre, which was enhanced to Rs 20 by the reference court and further to Rs 22 by the High …

DLF UNIVERSAL LTD. AND ANR.versusDIRECTOR, T & C. PLANNING HARYANA AND ORS.

2010 INSC 793Appeal(s) allowed

The appellants, DLF Universal Ltd. and another, were licensed under the Haryana Development and Regulation of Urban Areas Act, 1975 to develop residential colonies and entered into private agreements with plot and flat buyers that included clauses for extension fees and maintenance charges. The …

REMDEO CHAUHAN @ RAJNATH CHAUHANversusBANI KANT DAS AND ORS.

2010 INSC 796Case Allowed

The petitioner, Remdeo Chauhan, was convicted of murder and sentenced to death, which was later commuted to life imprisonment by the Governor of Assam after a recommendation from the National Human Rights Commission (NHRC). Relatives of the victims challenged the commutation, arguing that the NHRC …

COMMISSIONER OF CENTRAL EXCISE, NEW DELHIversusM/S HARI CHAND SHRI GOPAL & OTHER

2010 INSC 785Disposed off

The Supreme Court examined whether manufacturers of excisable final products could claim exemption from excise duty on specified intermediate goods under Notification 121/94‑CE by relying on "intended use" and the doctrine of "substantial compliance" of Chapter X of the Central Excise Rules, despite …

PEPSICO INDIA HOLDINGS PVT. LTD.versusFOOD INSPECTOR AND ANR.

2010 INSC 786Appeal(s) allowed

Pepsico India Holdings Pvt. Ltd., the manufacturer of sweetened carbonated water, was prosecuted after a public analyst reported the presence of the pesticide carbofuran (0.001 mg/L) in its product, alleging adulteration under Rule 65 of the Prevention of Food Adulteration Rules, 1955 and Section …

ATLURI BRAHMANANDAM (D) THROUGH LRS.versusANNE SAI BAPUJI

2010 INSC 787Dismissed

The respondent claimed to be the adopted son of Late Anne Seetharamaiah, seeking possession of land purchased at auction by the adoptive father. The appellant contested the adoption, arguing that the respondent was over 15 years old at the time of adoption, which under Section 10(iv) of the Hindu …

THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION C.M.D.AversusJ. SIVAPRAKASAM & ORS.

2010 INSC 788Appeal(s) allowed

The Special Deputy Collector of the Chennai Metropolitan Development Authority sought to acquire 4.89 acres of land for the Koyambedu Wholesale Market Complex, issuing a preliminary notification under Section 4(1) and a final declaration under Section 6 of the Land Acquisition Act, 1894. The …

ALVA ALUMINIUM LTD. BANGKOKversusGABRIEL INDIA LIMITED

2010 INSC 784Case Allowed

The petitioner, a Thai joint venture, entered into a contract with the respondent, an Indian company, for the sale of aluminium ingots, which contained an arbitration clause. The respondent contested the petition for appointment of an arbitrator, arguing that the contract was not signed by an …

STATE OF MAHARASHTRA & ANR.versusGORAKHNATH SITARAM KAMBLE & ORS.

2010 INSC 783Appeal(s) allowed

The respondent, a government teacher appointed in 1978, sought correction of his date of birth recorded in his service book after 28 years of service, alleging a clerical error. The Education Officer and Head Master rejected his application, citing Rule 38(2)(f) of the Maharashtra Civil Services …

M/S. TECHNOGLOBEversusSTATE OF TAMIL NADU & ORS.

2010 INSC 782Appeal(s) allowed

The appellant, Mis. Technoglobe, supplied equipment for the Tamil Nadu Film City project and received purchase orders stating that sales tax was exempted by the State Government. The Commercial Tax Officer later denied the exemption for the assessment years 1994-95 and 1995-96, levying tax and …

PUSHPA VANTIversusUNION OF INDIA & ORS.

2010 INSC 778Hearing Adjourned

The petitioner, a widow of an army major, sought proper fixation of her pension and arrears, receiving only a nominal amount. The Court observed widespread discontent among serving and retired armed forces personnel regarding pay, pensions, and rehabilitation, and noted that existing mechanisms were …

AMAR SINGHversusUNION OF INDIA

2010 INSC 779Matter referred to larger bench

Amar Singh and Jaya Pradha, both Members of Parliament, filed writ petitions under Article 32 challenging the threat of disqualification after being expelled from the Samajwadi Party, relying on the Supreme Court's decision in G. Viswanathan's case. They argued that the decision improperly extended …

ISHWAR NAGAR CO-OP.HOUSE BUILDING SOCIETYversusPARMA NAND SHARMA AND ORS.

2010 INSC 781Appeal(s) allowed

The Ishwar Nagar Cooperative Housing Society expelled Dr. Parmanand Sharma, a member since 1961, after he purchased a property in Delhi in the name of his Hindu Undivided Family. The Society relied on Rule 25(1)(c)(i) of the Delhi Cooperative Societies Rules, 1973, which disqualifies members who own …

TRANSPORT & DOCK WORKERS UNION AND ORS.versusMUMBAI PORT TRUST AND. ANR.

2010 INSC 780Dismissed

The Transport & Dock Workers Union and two typist‑cum‑computer clerks challenged the Mumbai Port Trust’s policy of fixing longer daily working hours for clerks appointed after 1‑Nov‑1996, alleging discrimination and violation of Article 14 of the Constitution. The Trust argued that the differential …

INDIAN OIL CORPORATION LTD. & ORS.versusSUBRATA BORAH CHOWLEK, ETC.

2010 INSC 776Appeal(s) allowed

The respondents, employees of Indian Oil Corporation, obtained a writ order regularising their service. The corporation appealed the order, filing its appeal 59 days after the deadline and seeking condonation of delay under Section 5 of the Limitation Act, 1963. The Gauhati High Court Division Bench …

BHIM @ UTTAM GHOSHversusSTATE OF WEST BENGAL

2010 INSC 774Case Partly allowed

The appellant was convicted under Section 307 of the IPC for an offence committed on 6 March 1983, when he was about 15 years old. After serving part of his sentence, he challenged the conviction on the ground that he should be treated as a juvenile under the Juvenile Justice (Care and Protection of …

PRABHAKAR RAGHUNATH PATIL AND ORS.versusSTATE OF MAHARASHTRA

2010 INSC 771Case Partly allowed

The appellants, owners of land and structures acquired by the State of Maharashtra under the Land Acquisition Act, 1894, challenged the compensation awarded by the reference court, seeking higher rates for both open land and the structures. The High Court upheld the reference court's valuation of …

J. KODANDA RAMI REDDYversusSTATE OF A.P. & ORS.

2010 INSC 772Appeal(s) allowed

The appellant contractor filed a petition under Section 8 of the Arbitration Act, 1940 seeking appointment of an arbitrator for claims exceeding Rs.50,000, which the State of Andhra Pradesh opposed on the ground of Government Order (GOM) No. 430, 24‑10‑1983, as clarified by GOM No. 160, 01‑06‑1987, …

MAHARASHTRA LAND DEVELOPMENT CORPORATION AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2010 INSC 768Dismissed

The Supreme Court examined whether a 53‑acre portion of Survey No. 345‑A in Dahisar was a "private forest" under the Maharashtra Private Forests (Acquisition) Act, 1975 on the appointed day of 30 August 1975, and whether the State’s acquisition of that land was proportionate and lawful. The Court …

S.D. JOSHI & ORS.versusHIGH COURT OF JUDICATURE AT BOMBAY & ORS.

2010 INSC 769Dismissed

The petitioners, who are Judges of Family Courts in Maharashtra, sought elevation to the Bombay High Court, arguing that they hold a "judicial office" under Article 217(2)(a) of the Constitution. The Supreme Court examined whether Family Courts qualify as courts in the constitutional sense, whether …

DR. SUNIL KUMAR SAMBHUDAYAL GUPTA AND ORS.versusSTATE OF MAHARASHTRA

2010 INSC 770Appeal(s) allowed

The deceased, Neeru Gupta, committed suicide in 1985 and her brother filed a complaint alleging dowry demand and ill‑treatment by her husband and in‑laws. The trial court acquitted the accused, finding no proof of dowry demand or cruelty and noting the deceased suffered from mental illness. The High …

J & K NATIONAL PANTHERS PARTYversusTHE UNION OF INDIA AND OTHERS

2010 INSC 764Dismissed

The Jammu & Kashmir National Panthers Party challenged the 2002 amendment to Section 3 of the Jammu & Kashmir Representation of the People Act, 1957 and the corresponding amendment to Section 47(3) of the Jammu & Kashmir Constitution, which defer the delimitation of Legislative Assembly …

MONICA BEDIversusSTATE OF AP.

2010 INSC 765Disposed off

Monica Bedi and four co‑accused were convicted under the Indian Penal Code (sections 120‑B, 419, 420) and the Prevention of Corruption Act for a conspiracy to obtain a passport in an assumed name. Bedi argued that her conviction violated Article 20(2) of the Constitution because she had already been …

OM PAL SINGHversusSTATE OF U.P.

2010 INSC 766Dismissed

The appellant Om Pal Singh was convicted for the murder of Rishipal Singh under Section 302 IPC. The prosecution established a long-standing enmity, prior attempts on the victim's life, and presented eyewitness testimony of PW‑2 and PW‑3 who described the shooting. A dying declaration recorded by …

SHAKTI DEVIversusNEW INDIA INSURANCE CO. LTD. & ANR.

2010 INSC 767Case Partly allowed

Shakti Devi, the mother of a 22‑year‑old son who died in a bus‑truck collision, filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicle Accident Claims Tribunal fixed the deceased's monthly earnings at Rs 1,000, applied a multiplier of 8 and awarded a net …

MALAYALAM PLANTATIONS LTD.versusSTATE OF KERALA AND ANR.

2010 INSC 761Case Partly allowed

Malayalam Plantations Ltd., a private plantation company, owned five estates in Kerala and sought exemption of 2,588 hectares of land from the vesting provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971, on the grounds that the land was planted with eucalyptus before vesting …

INFOSYS TECHNOLOGIES LTD.versusJUPITER INFOSYS LTD. AND ANR.

2010 INSC 762Case Partly allowed

Infosys Technologies Ltd. owned the trademark "Infosys" in classes 7, 9 and 16. Jupiter Infosys Ltd., later renamed Jupiter International Ltd., filed applications under Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958 seeking removal/rectification of those marks on the ground of …

RAMJAS FOUNDATION AND ANOTHERversusUNION OF INDIA AND OTHERS

2010 INSC 763Dismissed

The Ramjas Foundation owned land in Delhi that was acquired under a 1959 notification issued under the Land Acquisition Act, 1894 for planned development. The Foundation claimed the land was a Wakf property, exempt under clause (d) of the notification, and argued that a non‑Muslim could create a …

PANKAJAKSHI (DEAD) THROUGH LRS. AND ORS.versusCHANDRIKA AND ORS.

2010 INSC 760Hearing Adjourned

The appeal challenged a Kerala High Court Division Bench order that dismissed an appeal against a trial court decree on the ground of a difference of opinion between the two judges on the genuineness of a will. The bench relied on Section 98(2) of the CPC, which the appellant argued should not apply …

PRASANTA KUMAR SARKARversusASHIS CHATTERJEE & ANR.

2010 INSC 752Appeal(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, …

AJMER VIDYUT VITRAN NIGAM & ORSversusNAVIN KUMAR SAINI ETC.

2010 INSC 753Case 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 …

TAMIL NADU HOUSING BOARD, CHENNAIversusM. MEIYAPPAN AND ORS.

2010 INSC 754Appeal(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 …

ORYX FISHERIES PRIVATE LIMITEDversusUNION OF INDIA AND OTHERS

2010 INSC 755Appeal(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 …

VIJAYSINH CHANDUBHA JADEJAversusSTATE OF GUJARAT

2010 INSC 750Reference 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 …

COMMISSIONER OF CUSTOMS (GEN), MUMBAIversusABDULLA KOYLOTH

2010 INSC 756Appeal(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 …

VARUN CHAUDHARYversusSTATE OF RAJASTHAN

2010 INSC 757Appeal(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 …

STEEL AUTHORITY OF INDIA LTD. AND ORS.versusDIBYENDU BHATTACHARYA

2010 INSC 751Appeal(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 …

ANOKH SINGHversusPUNJAB STATE ELECTION COMMISSION

2010 INSC 758Disposed 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 …

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

2010 INSC 759Dismissed

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 …

HARI CHAND ROACHversusHEM CHAND AND ORS.

2010 INSC 748Appeal(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), …

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

2010 INSC 749Dismissed

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 …

M/S. ANGEL BABY PRODUCTS PVT. LTD.versusNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

2010 INSC 743Dismissed

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 …

AMINA BEEVIversusTHACHI & ORS.

2010 INSC 744Dismissed

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 …

D. HANUMANTH SA & ORS.versusSTATE OF KARNATAKA & ORS.

2010 INSC 745Disposed 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, …

STATE OF UTTARANCHALversusM/S. KHURANA BROTHERS

2010 INSC 746Appeal(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 …

RANJIT SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2010 INSC 747Dismissed

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 …

DILAWAR SINGH & ORS. ETC.versusUNION OF INDIA & ORS.

2010 INSC 735Appeal(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. …

SUDHAKARANversusSTATE OF KERALA

2010 INSC 742Dismissed

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 …

ANJANI CHAUDHARYversusSTATE OF BIHAR

2010 INSC 738Disposed 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 …

SANGHARAJ BHOGAPPA KAMBLEversusSTATE OF MAHARASHTRA

2010 INSC 739Dismissed

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 …

ASSOCIATION OF LEASING AND FINANCIAL SERVICE COMPANIESversusUNION OF INDIA AND ORS.

2010 INSC 733Dismissed

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 …

MOHD. USMAN MOHD. ISLAM SHAIKH & ORS.versusSTATE OF MAHARASHTRA

2010 INSC 741Dismissed

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 …

NIRMJAL JEET SINGH HOONversusIRTIZA HUSSAIN AND ORS.

2010 INSC 736Dismissed

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, …

STATE OF U.P.versusMUNI RAM & ORS.

2010 INSC 737Dismissed

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 …

NANDYALA VENKATARAMANAversusSTATE OF ANDHRA PRADESH

2010 INSC 740Dismissed

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 …

BRAHM SWAROOP & ANR.versusSTATE OF U.P.

2010 INSC 734Dismissed

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 …

RAMJI PANDEY AND ORS.versusSWARAN KALI

2010 INSC 731Dismissed

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 …

MOHD. SAUD & ANOTHERversusDR. (MAJ.) SHAIKH MAHFOOZ & OTHERS

2010 INSC 730Dismissed

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 …

CENTRAL BUREAU OF INVESTIGATIONversusKISHORE SINGH & OTHERS

2010 INSC 732Appeal(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 …

SADARAM SURYANARAYANA & ANR.versusKALLA SURYA KANTHAM & ANR.

2010 INSC 726Appeal(s) allowed

The case concerned a Will dated 4 September 1976 in which the testatrix bequeathed certain properties in absolute terms to her two daughters, with a later clause stating that after the daughters' deaths the remaining property should devolve to their female children. After one daughter died …

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S. SHITAL INTERNATIONAL

2010 INSC 727Dismissed

The Revenue appealed against the finding that Shital International’s knitted pile fabric, processed by carding, knitting, shearing and back‑coating, was "unprocessed" and therefore attracted nil excise duty under Notification No. 06/2000‑CE and related notifications. The Supreme Court examined …

GIRJESH SHRIVASTAVA AND OTHERSversusSTATE OF M.P. AND OTHERS

2010 INSC 728Appeal(s) allowed

The appellants were appointed as contractual teachers under the Madhya Pradesh Panchayat Contractual Teachers (Conditions of Appointment and Service) Rules, 2001. Their appointments were challenged in two public interest litigations on the grounds that the advertisement failed to reserve seats for …

M/S CHOUDHARY SHIP BREAKERSversusCOMMISSIONER OF CUSTOMS, AHMEDABAD

2010 INSC 729

M/S Chaudhary Ship Breakers imported an old vessel under a Memorandum of Agreement (MOA) at a price of US$992,887.20. After inspection revealed corrosion, the parties executed an addendum reducing the price to US$929,388.60, which was reflected in the bill of entry. The Deputy Commissioner later …

S.N. PRASADversusMONNET FINANCE LTD. AND ORS.

2010 INSC 718Appeal(s) allowed

The appellant, S.N. Prasad, had given a letter of guarantee for a loan but never signed the tripartite loan agreements that contained an arbitration clause. The lender, Monnet Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, impleading the appellant …

M/S. INDIAN OIL CORPORATION LTD.versusCOMMNR. OF CENTRAL EXCISE, VADODARA

2010 INSC 720Dismissed

Indian Oil Corporation Ltd., a manufacturer of kerosene, claimed a concessional excise duty rate under Notifications 5/98‑CE and 5/99‑CE, which were intended for kerosene used as an illuminant in oil‑burning lamps. The Department denied the claim, holding that the benefit was only for kerosene …

SUBRATA DASversusSTATE OF JHARKHAND & ANR.

2010 INSC 721Dismissed

A complaint under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was filed against the appellant. The Chief Judicial Magistrate initially dismissed the complaint, finding no case, but the Additional Sessions Judge remanded the matter for a fresh review. On …

CHIMANLAL KUBERDAS MODI (D) BY LRS.versusGUJARAT INDUSTRIAL DEVELOPMENT CORP. & ORS.

2010 INSC 724Appeal(s) allowed

The appellant's land was acquired under the Land Acquisition Act, 1894 and an award was passed determining a market value. The appellant challenged the award, and the reference court enhanced the market value, granted a 30% solatium, a 12% annual increase, and interest of 9% (later 15%) on the total …

STATE OF PUNJAB & ANR. ETC.versusVINEY KUMAR KHULLAR & ORS. ETC.

2010 INSC 725Case Partly allowed

Three in‑service doctors were admitted to 2008 postgraduate medical courses based on a prospectus that required No Objection Certificates (NOCs) in accordance with a 1996 government circular prescribing a Rs 2 lakh bond for five years of service. The government later invoked a 2007 amendment …

SUDHAversusPRESIDENT, ADV.ASSN.CHENNAI & ORS

2010 INSC 719Dismissed

The Supreme Court heard an appeal against the Madras High Court's approval of amended bye‑laws of the Madras High Court Advocates' Association, which had been made while removal suits against the President and Secretary were pending. The appellant challenged the High Court's jurisdiction to …

BHAI JASPAL SINGH AND ANR.versusASSISTANT COMMISSIONER OF COMMERCIAL TAXES AND ORS.

2010 INSC 722Dismissed

The appellant, a small‑scale fruit‑processing unit, claimed exemption from West Bengal sales tax on the basis of Notification No. 1428‑FT dated 26‑May‑1994, asserting that its investment in plant and machinery was below Rs.5 lakhs after accounting for depreciation. The assessing authority held that …

SMITHA JOHNYversusJOSNY VARGHESE & ORS.

2010 INSC 723Dismissed

The case concerned a vacancy for the post of High School Assistant (English) (HSA‑English) that arose on 1 April 2005 in a Kerala government school. Respondent No.1, an Upper Primary School Assistant, claimed she was the only UPSA qualified (B.Ed. in English) at that date and sought promotion, while …

BRIJ LAL & ORS.versusCOMMISSIONER OF INCOME TAX ACT, 1961

2010 INSC 714Disposed off

The appellants filed settlement applications under Chapter XIX‑A of the Income Tax Act and disputed the levy of interest under sections 234A, 234B and 234C for default in advance tax. The Supreme Court was asked (i) whether these interest provisions apply to Settlement Commission proceedings, (ii) …

RAMESHversusSTATE OF HARYANA

2010 INSC 717Dismissed

The case arose from a violent clash over disputed land in Jind, where several accused, armed with pistols, lathis and other weapons, assembled and attacked a group of persons, resulting in the death of Krishan and injuries to others. The trial court convicted the appellants under Sections 302, 307, …

D. VELUSAMYversusD. PATCHAIAMMAL

2010 INSC 716Appeal(s) allowed

The appellant, D. Velusamy, filed an appeal against a family court and High Court order that granted maintenance under Section 125 of the CrPC to the respondent, D. Patchaiammal, on the basis that she was his wife. The appellant contended that he was already lawfully married to another woman, …

YOGESHWAR PRASAD & ORS.versusNATIONAL INST. EDU. PLANNING & ADMN. & ORS.

2010 INSC 715Appeal(s) allowed

The petitioners, who were Assistants and Stenographers employed by the National Institute of Educational Planning & Administration and the Sahitya Academy, claimed entitlement to the revised pay‑scale of Rs.1640‑2900 that had been granted to their counterparts in the Central Government by the IV Pay …

SANSAR CHANDversusSTATE OF RAJASTHAN

2010 INSC 712Dismissed

Sansar Chand, a long‑time organiser of illegal wildlife trade, was convicted under the Wildlife (Protection) Act, 1972 for receiving leopard skins. The prosecution’s case rested on an extra‑judicial confession by a co‑accused, Balwan, which was corroborated by oral and documentary evidence, …

RAMESHBHAI MOHANBHAI KOLI & ORS.versusSTATE OF GUJARAT

2010 INSC 711Dismissed

The appellants were accused of murdering the chairman of a bank, with the prosecution alleging that they were hired by co‑accused to carry out the attack. The trial court convicted the appellants based on a chain of circumstantial evidence, including a blood‑stained loan application, knives …

IRIDIUM INDIA TELECOM LTD.versusMOTOROLA INCORPORATED & ORS.

2010 INSC 713Appeal(s) allowed

Iridium India Telecom Ltd. filed a criminal complaint alleging cheating by Motorola Inc. (respondent No.1) for misleading investors about the Iridium satellite system. The Bombay High Court, invoking Article 227 and Section 482 of the CrPC, quashed the magistrate's process, holding that a …

VITHAL LAXMAN CHALAWADI & ETC.versusSTATE OF KARNATAKA REP. BY P. PROSECUTOR

2010 INSC 707Disposed off

The deceased Ramesh was killed during an altercation with members of the Chalawadi family over a disputed marriage. The trial court convicted two of the six accused for assault, while the High Court later convicted four under Section 302 read with Section 34 IPC for murder. On appeal, the Supreme …

SACHIDANAND THAKURversusUNION OF INDIA & ORS.

2010 INSC 706Dismissed

The appellant, an Indian Army soldier, fired three shots at a member of a Quick Reaction Team during a night security duty after a stone‑throwing incident, killing Naik Jityu Yadav at a distance of 8‑10 feet. Despite being warned by a fellow sentry not to fire, he shot the victim and, when …

CHALLA JAYA BHASKAR & ORS.versusTHUNGATHURTHI SURENDER & ORS.

2010 INSC 708Case Allowed

The case concerned Civil Assistant Surgeons (CAS) in the Andhra Pradesh Medical and Health Services who, after obtaining a post‑graduate degree, were transferred laterally to the teaching cadre as Assistant Professors. The transferred officers claimed that their prior service as CAS should be …

MUNICIPAL COMMITTEE, HOSHIARPURversusPUNJAB STATE ELECTRICITY BOARD AND ORS.

2010 INSC 709Appeal(s) allowed

The Municipal Committee of Hoshiarpur obtained an electricity connection for a tubewell and was later served with a revised bill of Rs.82,300 without a show‑cause notice. The Committee challenged the bill in a civil suit, which was decreed in its favour by the trial court and affirmed by the first …

RAJ KUMARversusAJAY KUMAR & ANR.

2010 INSC 703Case Partly allowed

The appellant, a 25‑year‑old roadside cheese vendor, suffered fractures in a motor accident and claimed compensation for loss of future earnings. The Motor Accident Claims Tribunal awarded a modest sum, basing the claimant's monthly income on the minimum wage and deducting one‑third for personal …

SANT LAL GUPTA & ORS.versusMODERN COOP. GROUP HOUSING SOCIETY LTD. & ORS.

2010 INSC 704Appeal(s) allowed

The appellants, members of a Delhi cooperative housing society, were subject to a resolution for their expulsion which was sent to the Registrar of Co‑operative Societies for approval as required by the Delhi Co‑operative Societies Act, 1972 and Rules, 1973. The society delayed submitting its …

SRI RAMAKRISHNA MUTT REP. BY MANAGERversusM. MAHESWARAN AND ORS.

2010 INSC 684Dismissed

Kannabiran Pillai executed settlement deeds in 1938, 1939 and 1943 creating a life interest in his second wife Kumudammal over certain properties, with the remainder to pass to Sri Ramakrishna Mutt after her death. Kumudammal occupied the property and collected rents from 4 March 1939, while Pillai …

STATE OF KARNATAKA & ORS.versusMUNIKADIRAPPA & ORS.

2010 INSC 687Disposed off

The respondents, cultivating tenants of lands endowed to a temple, obtained occupancy rights from the Karnataka Land Reforms Tribunal, which the temple challenged before the High Court. While the land was under acquisition by the Bangalore Development Authority, the Single Judge of the High Court …

MAHAMUDUL HASSANversusUNION OF INDIA & OTHERS

2010 INSC 688Dismissed

A Bangladeshi national was convicted under the Foreigners Act, 1946 for illegal entry into India and sentenced to two years' rigorous imprisonment and a fine. He filed a writ petition under Article 32 of the Constitution challenging the conviction and seeking relief from the Supreme Court. The Court …

M/S DOZCO INDIA P. LTD.versusM/S DOOSAN INFRACORE CO. LTD.

2010 INSC 702Dismissed

Dozco India Ltd entered a distributorship agreement with Doosan Infracore Co. Ltd, a Korean company. The agreement contained an arbitration clause (Article 23) stating that disputes would be finally settled by arbitration in Seoul, Korea, under ICC Rules, and Article 22 made Korean law the governing …

GURBUX SINGHversusHARMINDER KAUR

2010 INSC 689Dismissed

The appellant, a principal of an ITI college, filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 alleging cruelty by his wife, primarily citing an incident on the Lohri festival where she verbally abused his elderly parents. The trial court and the High Court dismissed the …

MANOJ MAHAVIR PRASAD KHAITANversusRAM GOPAL PODDAR AND ANR.

2010 INSC 690Appeal(s) allowed

The appellant, brother of the daughter‑in‑law who had filed a dowry harassment case under Sections 498A, 406 IPC and the Dowry Prohibition Act against her father‑in‑law, was accused by the father‑in‑law of stealing two gold bangles during a police raid on the matrimonial home. A complaint was filed, …