SHINDO ALIAS SAWINDER KAUR AND ANR.versusSTATE OF PUNJAB
2011 INSC 24731 March 2011Appeal(s) allowed
Balbir Kaur died from severe burns allegedly after her mother‑in‑law and sister‑in‑law demanded additional dowry. Two dying declarations were recorded by an ASI and a magistrate, but the trial court rejected them as unreliable because the victim had 100% burn injuries. The High Court, relying on the victim's father's s…
STATE OF U.P.versusPREETAM & ORS.
2011 INSC 24831 March 2011Dismissed
The State of Uttar Pradesh charged Preetam and four others with murder, assault and rioting under Sections 302, 149, 307 and 323 of the Indian Penal Code for the killing of Guiab and Chhatrapal. The trial court convicted them, but the Allahabad High Court acquitted them on the ground of self‑defence, finding serious in…
K.J.S. BUTTARversusUNION OF INDIA AND ANR.
2011 INSC 24931 March 2011Appeal(s) allowed
The appellant, a former Indian Army captain who was invalided out in 1979 with a 50% disability, sought a War Injury Pension, an increase of his disability rating to 75%, a service element for his full ten‑year short service commission, and revised pension rates, relying on the Ministry of Defence letter dated 31‑Jan‑2…
DEEPAK AGARWAL & ANR.versusSTATE OF UTTAR PRADESH & ORS.
2011 INSC 25031 March 2011Dismissed
The appellants, a Technical Officer and a Statistical Officer in the Uttar Pradesh Excise Group ‘A’ Service, challenged a 1999 amendment that excluded their cadres from promotion to Deputy Excise Commissioner, arguing that ten vacancies that arose before the amendment should be filled under the old 1983 rules. The Supr…
REVANASIDDAPPA AND ANR.versusMALLIKARJUN AND ORS.
2011 INSC 25131 March 2011Matter referred to larger bench
The appeal arose from a Karnataka High Court decision on a partition suit involving children born of a void second marriage. The petitioners claimed that the children of the void marriage were illegitimate and therefore not coparceners in the ancestral property, while the respondents argued they were entitled to a shar…
MOHAMMAD AFTAB MIRversusSTATE OF J & K & ORS.
2011 INSC 25231 March 2011Appeal(s) allowed
The appellant, a Sub‑Inspector of the Jammu & Kashmir Police, claimed out‑of‑turn promotion for his exemplary conduct during the 1995 Charare Sharif incident, relying on Circular No.14‑GR of 1990 which provided accelerated promotion for outstanding anti‑militancy performance. The High Court dismissed his petition, appl…
SOU. SANDHYA MANOJ WANKHADEversusMANOJ BHIMRAO WANKHADE & ORS.
2011 INSC 8331 January 2011Appeal(s) allowed
The appellant, Sandhya Manoj Wankhade, filed a complaint under the Protection of Women from Domestic Violence Act, 2005 against her husband and his mother‑in‑law and sister‑in‑law. The trial court and the Nagpur Bench of the Bombay High Court deleted the mother‑in‑law and sister‑in‑law from the proceedings on the groun…
VARGHESE K. JOSEPHversusTHE CUSTODIAN & ORS.
2011 INSC 8431 January 2011Appeal(s) allowed
The appellant, a small investor, purchased 100 equity shares of Reliance Industries Ltd. through a broker, only to discover later that the shares were "tainted" and the company refused dividend payment. He filed an application before the Special Court under the Special Courts (Trial of Offences Relating to Transactions…
NATIONAL COUNCIL FOR TEACHER EDUCATION AND OTHERSversusSHRI SHYAM SHIKSHA PRASHIKSHAN SANSTHAN AND OTHERS ETC. ETC.
2011 INSC 8631 January 2011Disposed off
The private institutions applied in late 2007‑2008 for NCTE recognition to start B.Ed. courses, but the Northern Regional Committee rejected them citing that the cut‑off dates for application submission (31 Oct) and decision communication (15 May) prescribed in Regulation 5 of the 2007 Regulations, as amended on 1 July…
KRISHNADEVI MALCHAND KAMATHIA & ORS.versusBOMBAY ENVIRONMENTAL ACTION GROUP & ORS.
2011 INSC 8531 January 2011Disposed off
The Supreme Court examined contempt applications arising from the appellants' (Krishnadevi Malchand Kamathia & Ors.) alleged violation of a conditional order permitting them to repair an old bund on land classified as CRZ‑1 and notified as a reserve forest. The Court found that the appellants, under the pretext of repa…
GAJANAN SAMADHAN LANDEversusSANJAY SHYAMRAO DHOTRE
2011 INSC 82630 November 2011Dismissed
The appellant, a voter, challenged the election of the respondent, a Lok Sabha MP, alleging disqualification under Section 100(1)(a) of the Representation of People Act, 1951 on the ground that he was a director of the Maharashtra Seeds Corporation, a government‑owned company. The High Court held that the respondent wa…
IQBAL SINGH NARANG & ORS.versusVEERAN NARANG
2011 INSC 82730 November 2011Dismissed
The respondent filed a criminal complaint under IPC sections 193, 420 and 120‑B alleging that the appellants made false statements before the Rent Controller. The Rent Controller, a statutory quasi‑judicial body, had earlier disposed of a related application, holding the complaint pending. A Judicial Magistrate later i…
SHAM @ KISHOR BHASKARRAO MATKARIversusTHE STATE OF MAHARASHTRA
2011 INSC 73230 September 2011Case Partly allowed
Sham @ Kishor Bhaskarrao Matkari was convicted for murdering his brother Manohar, sister‑in‑law Meena and nephew Akhilesh, and for attempting to murder two other children, arising from a land‑dispute quarrel. The trial court sentenced him to life imprisonment and seven years rigorous imprisonment, but the High Court en…
STATE OF RAJASTHAN & ORS .versusSHANKAR LAL PARMAR
2011 INSC 73330 September 2011Appeal(s) allowed
The State of Rajasthan issued an Office Order in 1992 granting Selection Grades to Class IV and subordinate employees after 9, 18 and 27 years of service, provided their service record was satisfactory. A 1992 circular initially held that a censure would not affect eligibility, but a later Office Order in 1995 clarifie…
UNION OF INDIAversusHASSAN ALI KHAN AND ANR.
2011 INSC 73430 September 2011Appeal(s) allowed
The Union of India appealed against the Bombay High Court's order granting bail to Hassan Ali Khan, who was accused under Section 4 of the Prevention of Money Laundering Act (PMLA) for handling billions of dollars allegedly derived from criminal activity and for obtaining multiple passports fraudulently. The Supreme Co…
DNYANESHWAR RANGANATH BHANDARE & ANR.versusSADHU DADU SHETTIGAR (SHETTY) & ANR.
2011 INSC 73030 September 2011Appeal(s) allowed
The appellants, sons of a deceased property owner, claimed ownership of two rooms and alleged that the respondents were merely gratuitous licencees, while the respondents asserted they were tenants paying rent since 1982. The trial court found the respondents were licencees and granted possession to the appellants; the…
STATE OF HARYANAversusMUKESH KUMAR & ORS.
2011 INSC 73130 September 2011Dismissed
The State of Haryana, through the Superintendent of Police, filed a civil suit claiming ownership of a parcel of land on the basis of adverse possession. The defendants, who were the registered owners, contested the claim, and the trial court, appellate court, and High Court all dismissed the suit, holding that the Sta…
OM PRAKASH & ANR.versusUNION OF INDIA & ANR.
2011 INSC 72830 September 2011Disposed off
The Supreme Court examined whether offences under the Central Excise Act, 1944 and the Customs Act, 1962 are non‑cognizable and, if so, whether they are bailable. It held that Section 9A of the Excise Act and Section 104(4) of the Customs Act expressly deem the offences non‑cognizable, and that the statutes themselves,…
PANKAJ MAHAJANversusDIMPLE @ KAJAL
2011 INSC 73530 September 2011Appeal(s) allowed
The husband filed a petition under Section 13 of the Hindu Marriage Act seeking divorce on the grounds of cruelty and the wife’s incurable unsound mind, alleging that she suffered from schizophrenia and repeatedly threatened suicide. The trial court granted the decree, but the High Court set it aside, holding that the …
CHATTERJEE PETROCHEM (I) PVT. LTD.versusHALDIA PETROCHEMICALS LTD. & ORS.
2011 INSC 72930 September 2011Dismissed
The Chatterjee Group filed a Company Petition under Sections 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956 alleging oppression by Haldia Petrochemicals Ltd. (HPL) for failing to register 155 million shares transferred to them and for allotting 150 million shares to Indian Oil Corporation, which they claime…
COMMNR. OF CENTRAL EXCISE, MEERUT-IIversusM/S. SUNDSTRAND FORMS P. LTD.
2011 INSC 62230 August 2011Appeal(s) allowed
The appellant, Commissioner of Central Excise, challenged the Tribunal's decision that the carbonless paper used by the respondent, Sundstrand Forms Ltd., in manufacturing computer stationery was exempt from duty. The respondent argued that the intermediate carbonless paper should be classified under sub‑headings 4901.…
SANJOY NARAYAN EDITOR IN CHIEF HINDUSTAN & ORS.versusHON. HIGH COURT OF ALLAHABAD THR. R.G.
2011 INSC 62330 August 2011Disposed off
The Hindustan Times published an article on 20 September 2010 containing adverse and unverified information about the then Chief Justice of the Allahabad High Court, leading to contempt of court proceedings under the Contempt of Courts Act. The appellants, including Sanjoy Narayan, Editor‑in‑Chief of Hindustan, appeale…
MIS. SHIV COTEXversusTIRGUN AUTO PLAST P. LTD. & ORS.
2011 INSC 62430 August 2011Appeal(s) allowed
The plaintiff, Mis. Shiv Cotex, sued the Punjab Financial Corporation for allegedly illegal takeover of its mortgaged assets under the State Financial Corporations Act, 1951. The trial court dismissed the suit after the plaintiff failed to produce evidence on three scheduled dates, invoking Order XVII Rule 3(a) of the …
RAKESH SHARMA & ORS.versusSTATE OF M.P. & ORS.
2011 INSC 62130 August 2011Dismissed
The Supreme Court examined appeals filed by shopkeepers (appellants) challenging a series of orders issued by the Madhya Pradesh High Court directing the Municipal Corporation of Gwalior to demolish alleged encroachments, construct a new multi‑storey Gandhi Market, and provide alternate accommodation to the shopkeepers…
M/S. AIR LIQUIDE NORTH INDIA PVT. LTD.versusCOMMISSIONER, CENTRAL EXCISE, JAIPUR-I
2011 INSC 62530 August 2011Dismissed
Air Liquide North India Pvt. Ltd. purchased bulk helium gas and, after conducting moisture and purity tests, graded the gas into different categories, repacked it into smaller cylinders and issued separate quality certificates before selling it at a 40‑60% profit margin. The Central Excise authorities held that these a…
MRS. ASHA SHARMAversusCHANDIGARH ADMINISTRATION AND ORS.
2011 INSC 62630 August 2011Disposed off
The appellant, a retired IAS officer appointed as State Information Commissioner, sought to retain the government house she occupied in Chandigarh beyond the four‑to‑six‑month period prescribed under Rule 13 of the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996. The Estate Officer …
STATE OF U.P. AND ORS.versusREKHA RANI
2011 INSC 23830 March 2011Appeal(s) allowed
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIAversusSUBODH SINGH & ORS.
2011 INSC 23930 March 2011Appeal(s) allowed
The Dedicated Freight Corridor Corporation acquired land for a special railway project under the Railways Act, 1989. After a gazette notification of acquisition on 16‑Dec‑2008, a public notice was published in newspapers on 20‑Feb‑2009 and the compensation award was made on 8‑Feb‑2010. The landowner challenged the awar…
CHANDRA BONIAversusSTATE OF ASSAM
2011 INSC 24030 March 2011Dismissed
The Supreme Court examined the appeal of Chandra Sonia, convicted of double murder under IPC s.302 and sentenced to life imprisonment on two counts. The prosecution's case rested on an extra‑judicial confession made by the accused to a neighbor (PW 7) on the day of the murders and on the recovery of the alleged murder …
MINERAL AREA DEVELOPMENT AUTHORITY ETC.versusM/S. STEEL AUTHORITY OF INDIA AND ORS.
2011 INSC 23730 March 2011Matter referred to larger bench
The Supreme Court, hearing a civil appeal filed by the Mineral Area Development Authority against the Steel Authority of India, noted a conflict between two earlier decisions—one by a five‑Judge Bench in State of West Bengal v. Kesoram Industries Ltd. and another by a seven‑Judge Bench in India Cement Ltd. v. State of …
SUBRAMANI @ JEEVA @ KULLAJEEVAversusS.H.O., ODIYANSALAI
2011 INSC 24230 March 2011Dismissed
On 4 November 1991, at a restaurant in Pondicherry, Subramani and six others attacked PW1, his brother Tamilvendhan and friends, stabbing Tamilvendhan to death. PW1 survived with injuries and identified Subramani in a test identification parade. The trial court acquitted all accused, doubting PW1's presence, intoxicati…
K.K. VELUSAMYversusN. PALANISAMY
2011 INSC 24330 March 2011Case Partly allowed
The appellant, K.K. Velusamy, filed a suit for specific performance of a sale agreement, which he claimed was merely a security for a loan. After the evidence was closed, he sought to reopen the evidence and recall two witnesses to cross‑examine them about admissions recorded on a compact disc, alleging that the record…
UNION OF INDIAversusGLAXO INDIA LTD. & ANR.
2011 INSC 24430 March 2011Appeal(s) allowed
Glaxo India Ltd. manufactured three bulk drugs and their formulations. The Central Government fixed maximum prices for these drugs by notifications dated 12‑May‑1981, 20‑Nov‑1986 and 2‑Jan‑1989, the latter superseding the earlier ones. The Government later demanded that Glaxo deposit Rs 71.21 crore into the Drug Prices…
THE DIRECTOR GENERAL, INDIAN COUNCIL FOR AGRICULTURAL RESEARCH & OTHERSversusD. SUNDARA RAJU
2011 INSC 24630 March 2011Dismissed
The respondent, a Senior Scientist, was assessed for promotion to Principal Scientist under ICAR's Career Advancement Scheme. The Selection Committee allocated 50% of the total marks to a personal interview, a method not disclosed to the candidate, and he scored only 49 marks, failing to meet the 60‑mark threshold. The…
HARJIT SINGHversusSTATE OF PUNJAB
2011 INSC 24530 March 2011Dismissed
On 4 July 2003, the appellant Harjit Singh was stopped by police and found carrying a plastic bag containing 7.10 kg of opium. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The appellant contended that, because the opium contained only 0.8% morphine (56.96 g), the …
UNION OF INDIA AND ANR.versusM.M. SHARMA
2011 INSC 24130 March 2011Appeal(s) allowed
The case concerned M.M. Sharma, a First Secretary in the Indian Embassy in China, who was dismissed from service under clause (c) of the second proviso to Article 311(2) of the Constitution because of alleged unauthorized liaison with foreign nationals that threatened national security. Sharma challenged the dismissal …
KETAN V. PAREKHversusSPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER.
2011 INSC 82529 November 2011Dismissed
The Special Director of Enforcement imposed a penalty on Ketan V. Parekh and others under the Foreign Exchange Management Act, 1999. The appellants filed appeals under Section 35 of the Act and sought condonation of a 1,056‑day delay, arguing that the time spent pursuing writ petitions in the Delhi High Court should be…
M/S NTPC LTD.versusM.P. STATE ELECTRICITY BOARD & ORS.
2011 INSC 72429 September 2011Disposed off
NTPC Ltd., a government‑owned power generator, supplied electricity to Madhya Pradesh, Punjab and Delhi electricity boards and later sought a tariff determination from the Central Electricity Regulatory Commission (CERC). CERC fixed a final tariff lower than the provisional tariff, finding that NTPC had collected exces…
STATE OF MADHYA PRADESHversusNARMADA BACHAO ANDOLAN & ANR.
2011 INSC 72329 September 2011Disposed off
The State of Madhya Pradesh sought to abandon land acquisition of 284.03 hectares in five villages, prompting Narmada Bachao Andolan (NBA) to argue that the abandonment order was void because the land had already been taken into possession. The Supreme Court, after a spot inspection ordered by it, found that the tenure…
JAMALUDDINversusSTATE OF JAMMU & KASHMIR AND ORS.
2011 INSC 72529 September 2011Dismissed
Jamal Uddin, a Scheduled Tribe candidate born on 31‑01‑1965, applied for a regular Munsif post in Jammu & Kashmir after serving as an adhoc Munsif. The 2002 Public Service Commission notification required candidates to be not more than 35 years old as of 1 January of the examination year, and his application was reject…
M/S. ROYAL ORCHID HOTELS LIMITED AND ANOTHERversusG. JAYARAM REDDY AND ORS.
2011 INSC 72629 September 2011Dismissed
The Karnataka State Tourism Development Corporation acquired 37 acres of land for a golf‑cum‑hotel resort under the Land Acquisition Act, 1894, but later transferred portions of the land to private entities. Several landowners challenged the acquisition, alleging fraud and diversion of public purpose. The High Court, a…
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCEversusRABINDER SINGH
2011 INSC 72729 September 2011
The appellant Union of India alleged that Major Rabinder Singh, while commanding the 6 Armoured Regiment, fraudulently countersigned bills to claim Rs.77,692 for vehicle modifications that were never carried out, resulting in wrongful loss to the Army. A Court of Inquiry and a General Court Martial found him guilty und…
RAGHUBIR SINGHversusSTATE OF RAJASTHAN AND ORS.
2011 INSC 61929 August 2011Appeal(s) allowed
The case arose from a violent land dispute in which the deceased Girdhari was killed while both parties were ploughing the same field. The trial court convicted seven of nine accused under Sections 302, 307 and related provisions, but the High Court modified the convictions, reducing Kallu's charge to Section 304 Part …
MD. MURTAZA & ORS.versusSTATE OF ASSAM & ORS.
2011 INSC 62029 August 2011
The appellants, wholesale vegetable and fruit vendors, were ordered by the Gauhati High Court to vacate the Machkhowa market in Guwahati to make way for an administrative building, and were directed to shift to a new market at Ganeshguri. They challenged the order, claiming a violation of their fundamental right to car…
C. VENKATACHALAMversusAJITKUMAR C. SHAH AND OTHERS
2011 INSC 61829 August 2011Dismissed
Two consumer complaints were filed before the South Mumbai District Consumer Forum, and the opposite parties objected to the appearance of an authorized agent who was not an advocate. The High Court held that the Consumer Protection Act, 1986 permits parties to be represented by authorized agents and that this does not…
RANJANA PRAKASH AND ORS.versusDIVISIONAL MANAGER AND ANR.
2011 INSC 52729 July 2011Appeal(s) allowed
The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it down to Rs.16,89,055…
PADAL VENKATA RAMA REDDY @ RAMUversusKOWURI SATYANARAYANA REDDY AND ORS.
2011 INSC 52829 July 2011Appeal(s) allowed
The appellant alleged that A‑1 to A‑12 conspired, motivated by political rivalry, to assault and attempt to kill him, leading to a charge‑sheet under Sections 120‑B, 147, 148, 427, 307, 201 (r.w.) and 149 of the IPC. While the trial was pending, A‑1 to A‑3 filed a petition under Section 482 of the CrPC seeking to quash…
T. C. THANGARAJversusV. ENGAMMAL & ORS.
2011 INSC 52929 July 2011Appeal(s) allowed
The complainant alleged that a police inspector, his wife, and an associate defrauded her of Rs.3 lakh in a loan transaction and that the investigation was halted after the money was returned. She filed a petition under Section 482 of the CrPC seeking to have the case investigated by the CBI, arguing that the presence …
WAMAN & ORS.versusSTATE OF MAHARASHTRA
2011 INSC 41929 June 2011Dismissed
The case arose from a long‑standing land and water dispute that culminated in a violent assault on Suresh and Atmaram Bohare, who later died of their injuries. The prosecution relied on the testimony of four close relatives of the victims, medical autopsy reports, and weapons recovered from some accused. The appellants…
PRAHLAD SINGH & ORS.versusUNION OF INDIA & ORS.
2011 INSC 34429 April 2011Appeal(s) allowed
The appellants' land in Haryana was notified for acquisition in 2002 and an award was passed in 2004 under the Land Acquisition Act, 1894. They filed writ petitions alleging that the land fell within a green belt under the Regional Plan 2001, that the acquisition violated the National Capital Region Planning Board Act,…
AGRICULTURAL MARKET COMMITIEE A.P. ETC.versusM/S M.K. EXPORTS, A.P. ETC. ETC.
2011 INSC 34529 April 2011Appeal(s) allowed
The Agricultural Market Committee of Andhra Pradesh initiated criminal proceedings against traders of M.K. Exports for non‑payment of market fees that were re‑assessed under Section 12‑8(5) of the A.P. Agricultural (Produce and Livestock) Markets Act, 1966. The traders filed petitions under Section 482 of the Code of C…
MEHBOOB BATCHA AND ORS.versusSTATE REP. BY SUPDT. OF POLICE
2011 INSC 22929 March 2011Dismissed
The appellants, police officers, illegally detained Nandagopal, beat him to death in police custody and gang‑raped his wife Padmini within the police station. The trial court and High Court convicted them based on the testimony of 37 witnesses, including the victim, and sentenced one officer to three years and the othe…
RANJIT SINGHversusSTATE OF PUNJAB
2011 INSC 23029 March 2011Appeal(s) allowed
Ranjit Singh was charged with murdering his wife Gurmail Kaur on 1 September 1990, with the prosecution alleging that he, his sisters and his grandmother participated in the killing. The evidence consisted of a post‑mortem report indicating strangulation, an electric wire found near the body, and extra‑judicial confess…
STATE OF RAJASTHANversusTARA SINGH
2011 INSC 23129 March 2011Dismissed
Tara Singh was apprehended carrying 8 kg of opium in a gunny bag on his head. He was searched under Section 50 of the NDPS Act, samples were taken and sent to a laboratory, and he was convicted and sentenced to ten years' imprisonment and a fine. The High Court set aside the conviction on two grounds: non‑compliance wi…
ASMATHUNNISAversusSTATE OF A.P. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD & ANOTHER
2011 INSC 23229 March 2011Appeal(s) allowed
The appellant, Asmathunnisa, and her husband were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly insulting a complainant by naming his caste in the complainant's absence. The appellant argued that the offence requires the victim to be presen…
P. SESHADRIversusS. MANGATI GOPAL REDDY AND ORS.
2011 INSC 23329 March 2011Appeal(s) allowed
The Tirumala Tirupathi Devasthanam (TTD) Board extended the service of retired Parpathedar P. Seshadri on a contract basis beyond the age of sixty. Respondent S. Mangati Gopal Reddy filed a writ petition, styled as a public‑interest litigation, alleging that the extensions violated Rule 13 of the TTD Service Rules, 198…
BINOD KUMARversusSTATE OF JHARKHAND AND ORS.
2011 INSC 23429 March 2011Dismissed
The case concerned a multi‑crore iron‑ore mining lease scam involving former ministers of Jharkhand, including a former chief minister, with allegations of illicit wealth amassed through abuse of official position. The High Court, noting the complexity and trans‑national nature of the alleged investments, referred the …
ASSISTANT COMMERCIAL TAXES OFFICERversusM/S MAKKAD PLASTIC AGENCIES
2011 INSC 23529 March 2011Appeal(s) allowed
The Rajasthan Sales Tax Assessing Officer had assessed M/s Makkad Plastic Agencies at a 10% rate, which was later set aside by the Deputy Commissioner (Appeals) and then restored by the Rajasthan Taxation Board. The assessee filed a rectification application under Section 37 of the Rajasthan Sales Tax Act, 1994, prompt…
DEUTSCHE POST BANK HOME FINANCE LTD.versusTADURI SRIDHAR AND ANR.
2011 INSC 23629 March 2011Appeal(s) allowed
The first respondent bought an unfinished apartment and contracted the developer to complete it, invoking an arbitration clause in their construction agreement dated 21‑02‑2008. The respondent also had a separate loan agreement with the appellant bank, which contained its own arbitration clause. When the developer fail…
PUNJAB STATE WAREHOUSING CORPORATION FARIDKOTversusM/S SH. DURGA JI TRADERS & ORS.
2011 INSC 82328 November 2011Appeal(s) allowed
The Punjab State Warehousing Corporation filed a private criminal complaint under Sections 406 and 409 of the IPC alleging a shortage of rice entrusted to the respondents. The trial court had earlier exempted the complainant from personal appearance, but later dismissed the complaint in default on the ground that the c…
K.N. GOVINDAN KUTTY MENONversusC.D. SHAJI
2011 INSC 82428 November 2011Appeal(s) allowed
The appellant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, which the magistrate referred to a Lok Adalat for settlement. The parties reached a compromise and the Lok Adalat passed an award, but the respondent failed to honour the payment schedule, leading the appellant to file an exec…
NASIB HUSSAIN SIDDI AND ORS.versusSTATE OF GUJARAT
2011 INSC 71928 September 2011Appeal(s) allowed
In 2003 a police constable attempted to escort two men to the police station; one, Hussain Ibrahim Siddi, grabbed and pushed the constable while his wife and mother intervened verbally. All three were convicted under IPC sections 325, 506(2), 333, 342 and 114 and sentenced to three years, later reduced by the Gujarat H…
BALJINDER SINGH @ BITTUversusSTATE OF PUNJAB
2011 INSC 72028 September 2011Appeal(s) allowed
In July 1994, Baljinder Singh and his brother Bhupinder Singh assaulted Kulwinder Singh, the owner of a cart that had inadvertently entered their paddy field, inflicting knife and fist injuries. The trial court convicted Baljinder under IPC sections 326 and 324, sentencing him to four years rigorous imprisonment with a…
BEDANGA TALUKDARversusSAIFUDAULLAH KHAN & ORS.
2011 INSC 72128 September 2011Appeal(s) allowed
The Assam Public Service Commission advertised a combined competitive examination with a reservation of 3% for physically disabled candidates. Respondent No.1, a physically disabled applicant, applied under the original advertisement but did not submit the required disability certificate by the stipulated deadline, nor…
RAJESH KUMARversusSTATE THROUGH GOVT. OF NCT OF DELHI-II
2011 INSC 72228 September 2011Disposed off
The appellant Rajesh Kumar was convicted of murdering two children, aged four years and eight months, and was sentenced to death by the trial court and the Delhi High Court. On appeal, the Supreme Court examined whether the death penalty was justified under the "rarest of rare" doctrine, emphasizing the need to balance…
UMERKHANversusBISMILLABI @ BABULAL SHAIKH & ORS.
2011 INSC 52128 July 2011Appeal(s) allowed
Umerkhan appealed to the Supreme Court against a judgment of the Bombay High Court that had set aside the first appellate court's decree in a partition suit and restored the trial court's decree. The High Court had entertained the second appeal under Section 100 of the Code of Civil Procedure, 1908, but did not formula…
BIHAR STATE HOUSING BOARD & ORS.versusASHA LATA VERMA
2011 INSC 52228 July 2011Case Partly allowed
The Bihar State Housing Board allotted a MIG flat to Ram Chandra Prasad Verma, who paid the full price and later died. His wife, Asha Lata Verma, obtained transfer of the flat in her name and subsequently sought to transfer it to her daughter‑in‑law, prompting the Board to issue a demand notice for alleged outstanding …
SUDARSHAN KUMARversusSTATE OF HARYANA
2011 INSC 52328 July 2011
The appellant, Sudarshan Kumar, was convicted under Section 306 of the Indian Penal Code for abetting the suicide of his wife, Sudesh, who could not conceive a child and was repeatedly harassed, beaten, and sent away by him. The trial court sentenced him to seven years' rigorous imprisonment, a sentence upheld by the H…
SHEELKUMAR JAINversusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.
2011 INSC 52428 July 2011Appeal(s) allowed
Sheelkumar Jain, an employee of New India Assurance (formerly Liberty Insurance), served for over 20 years and in September 1991 gave a three‑month notice to leave service, which was accepted in December 1991. After the General Insurance (Employees') Pension Scheme, 1995 was introduced, he applied to opt for pension, b…
THE GREATER HYDERABAD MUNICIPAL CORPORATIONversusM. PRABHAKAR RAO
2011 INSC 52528 July 2011Appeal(s) allowed
The respondent, a bill collector in the Greater Hyderabad Municipal Corporation, was suspended in 1997 on allegations of accepting a bribe. He was later acquitted in the criminal trial because the complainant turned hostile and the prosecution failed to prove the gratuity was illegal. The competent authority, after re‑…
GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANRversusSTATE OF MADHYA PRADESH
2011 INSC 52628 July 2011Dismissed
The Drug Inspector seized a sample of Betnesol tablets manufactured by Glaxo Smith Kline Pharmaceuticals and sent it to the Government Analyst, who certified on 27 August 1997 that the sample was not of "standard quality". A show‑cause notice was issued on 29 September 1997, to which the company replied on 3 November 1…
NATHA SHANKAR MAHAJANversusSTATE OF MAHARASHTRA
2011 INSC 34028 April 2011Dismissed
The appellant was convicted under Section 302 IPC for allegedly beating his wife and setting her ablaze. The sole basis of the conviction was the victim's dying declaration, recorded by an executive magistrate and endorsed by the treating doctor as being made while she was conscious. The appellant contended that any do…
BUDDHU SINGHversusSTATE OF BIHAR (NOW JHARKHAND)
2011 INSC 34128 April 2011Case Partly allowed
Three accused—Buddhu Singh, his father Ledwa Singh and brother Balchand Singh—grappled with the deceased and Buddhu delivered a single axe blow that struck the victim's head, causing fatal injuries. The trial court and the High Court convicted all of them under Section 302 IPC for murder and sentenced them to life impr…
RAM SINGHversusCENTRAL BUREAU OF NARCOTICS
2011 INSC 34228 April 2011Appeal(s) allowed
The appellant, a hotel servant, was arrested after 2.1 kg of opium was recovered from a hotel room and he made two confessional statements to officers of the Central Bureau of Narcotics (CBN). The trial court convicted him under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, relying on …
ROOPSENA KHATUNversusSTATE OF WEST BENGAL
2011 INSC 34328 April 2011Appeal(s) allowed
Roopsena Khatun, a 15‑year‑old orphan girl, was convicted of murdering a child, Baby Khatun, by allegedly drowning her in a pond and stealing a silver chain from the corpse. The prosecution's case rested on four circumstantial pieces: the accused’s alleged disclosure and pointing out the body, an extra‑judicial confess…
KANWARJIT SINGH KAKKARversusSTATE OF PUNJAB AND ANR.
2011 INSC 33928 April 2011Appeal(s) allowed
Two government doctors were alleged to have engaged in private practice after hours, charging Rs 100 per patient, in violation of a government circular that prohibited such practice without permission. An FIR was lodged under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section…
A.C. MUTHIAHversusBOARD OF CONTROL FOR CRICKET IN INDIA AND ANR.
2011 INSC 33728 April 2011Matter referred to larger bench
The appellant, a former President of the BCCI, challenged an amendment to Clause 6.2.4 of the BCCI's Regulations that exempted IPL, Champions League and Twenty‑20 events from the ban on administrators having commercial interests. He argued that the amendment was made to benefit the second respondent, who as a BCCI offi…
M/S. J.G. ENGINEERS PVT. LTD.versusUNION OF INDIA AND ANR.
2011 INSC 33828 April 2011Appeal(s) allowed
The Government awarded a works contract for the extension of Guwahati airport terminal to J.G. Engineers, which was later terminated for alleged slow progress. The parties referred their dispute to arbitration as per the contract, and the sole arbitrator awarded the contractor a sum of Rs.1.04 crore, rejecting the resp…
R. RAMACHANDRAN NAIRversusTHE DEPUTY SUPERINTENDENT VIGILANCE POLICE & ANR.
2011 INSC 22628 March 2011Appeal(s) allowed
R. Ramachandran Nair, the first Vice‑Chancellor of Sree Sankaracharya University of Sanskrit, was accused of obtaining a pecuniary advantage while overseeing earth‑filling of university land. An FIR was lodged in 1996 and a charge‑sheet filed after an 8½‑year delay, without obtaining the prior sanction of the Universit…
RAJESH SINGH & ORS.versusSTATE OF U.P.
2011 INSC 22728 March 2011Dismissed
The appellants were charged with murdering an eleven‑year‑old boy who was beaten and later found hanged in a house belonging to one of them. The trial court acquitted them, dismissing the testimony of two eye‑witnesses and the medical evidence, and questioning the timing of the FIR and the credibility of the witnesses.…
BHARAT RATNA INDIRA GANDHI COLLEGE OF ENGINEERING & OTHERSversusSTATE OF MAHARASHTRA & ORS.
2011 INSC 22828 March 2011Appeal(s) allowed
The Supreme Court reviewed a writ petition in which the Bombay High Court, Nagpur bench, had taken suo motu action without any petition and ordered that private unaided engineering colleges in Maharashtra would be barred from admitting students if they failed to appoint a permanent principal by a specified date. The Co…
UNION OF INDIA AND ORS.versusMANAS KUMAR GUHA
2011 INSC 16428 February 2011Appeal(s) allowed
The respondent, a constable of the Railway Protection Force, was charged with assaulting and robbing a passenger. An enquiry officer found him guilty and the disciplinary authority ordered his removal from service. The appellate authority set aside the removal, ordered a de novo enquiry, and again found him guilty, sub…
RANU HAZARIKA & ORS.versusSTATE OF ASSAM & ORS.
2011 INSC 16528 February 2011Appeal(s) allowed
The Supreme Court examined the validity of the Assam Elementary Education (Provincialization) (Amendment) Rules, 2005 which gave preference to teachers who had undergone training rather than mandating a diploma as required by the National Council for Teacher Education (NCTE) Act, 1993 and its 2001 Regulations. The High…
M/S. MUSTAN TAHERBHAIversusCOMMNR. OF CENTRAL EXCISE AND CUSTOMS
2011 INSC 16328 February 2011Disposed off
THE STATE OF MAHARASHTRA AND ORS.versusMIS. ARK BUILDERS PVT. LTD.
2011 INSC 16628 February 2011Appeal(s) allowed
The dispute concerned the timing of the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The arbitrator gave a signed copy of the award only to the claimant, while the respondent (appellant) received an unsigned Xerox copy only af…
PARMESHWARIversusAMIR CHAND & ORS.
2011 INSC 7928 January 2011Appeal(s) allowed
Parmeshwari, a pillion passenger on a motorcycle, suffered a fractured right leg and 32% permanent disability after being hit by a scooter. She filed a complaint with the Superintendent of Police (Hisar) and later a compensation claim, which the Motor Accident Claims Tribunal awarded Rs.1,36,547 with 9% interest. The H…
STATE THROUGH C.B.I.versusMAHENDER SINGH DAHIYA
2011 INSC 8028 January 2011Dismissed
The State alleged that Dr. Mahender Singh Dahiya strangulated his wife Namita during their honeymoon in Brussels, dismembered her body and disposed of the parts, while the prosecution failed to produce a weapon, reliable forensic identification of the body parts, or a clear motive. The trial court convicted Dahiya unde…
PRAFULL GORADIAversusUNION OF INDIA
2011 INSC 8228 January 2011Dismissed
Prabull Goradia, a Hindu, filed a writ petition under Article 32 challenging the constitutional validity of the Haj Committee Act, 2002, alleging that taxes he pays are used to fund the Muslim Haj pilgrimage, thereby violating Articles 27, 14 and 15 of the Constitution. The Court examined the scope of Article 27, holdi…
JAGPAL SINGH & ORS.versusSTATE OF PUNJAB & ORS.
2011 INSC 8128 January 2011Dismissed
The Gram Panchayat of Rohar Jagir filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 to evict the appellants who had illegally occupied a village pond and constructed houses on it. The Collector regularized the occupants’ possession, claiming it was not in the public interest…
STATE OF HIMACHAL PRADESHversusUNION OF INDIA & ORS.
2011 INSC 71727 September 2011Hearing Adjourned
The State of Himachal Pradesh sued the Union of India and five other parties seeking its share of electricity generated by the Bhakra‑Nangal and Beas hydro‑electric projects, claiming entitlement based on the submergence of its territory and the Punjab Reorganisation Act, 1966. The Court examined whether the suit was b…
SMT. HAR DEVI ASNANIversusSTATE OF RAJASTHAN & OTHERS
2011 INSC 71827 September 2011Disposed off
The appellant, Har Devi Asnani, purchased a residential plot for Rs 18 lakh and paid stamp duty of Rs 1,17,000, but the Sub‑Registrar re‑valued the land at Rs 2,58,44,260, leading the Additional Collector to demand a deficit stamp duty of Rs 15,70,000. The appellant challenged the demand in the High Court, which dismis…
ULTRA TECH CEMENT LTD.versusSTATE OF MAHARASHTRA & ANR.
2011 INSC 71527 September 2011Appeal(s) allowed
Ultra Tech Cement Ltd., the lessee of a limestone mining lease granted by the Government of Maharashtra on 12‑Feb‑1980, challenged demand notices for Zilla Parishad (ZP) cess and Gram Panchayat (GP) cess for the years 1987‑1992. The appellant argued that Section 151(1) of the Maharashtra Zilla Parishads and Panchayat S…
M/S THERMAX LTD. & ORS.versusK.M. JOHNY & ORS.
2011 INSC 71627 September 2011
Thermax Ltd. entered into purchase orders with K.M. Johny’s firms for storage tanks and consumables. The contracts fell apart and Johny alleged non‑payment of large sums, filing three earlier complaints that were closed as civil matters. In 2002 he lodged another complaint before a magistrate alleging offences under Se…
M/S EUREKA FORBES LIMITEDversusSTATE OF BIHAR AND ORS
2011 INSC 51927 July 2011Dismissed
M/s Eureka Forbes Ltd., the appellant, challenged the assessment of sales tax on its vacuum cleaners for the years 1990-91 to 1993-94, contending that the product should be taxed at the standard 8% rate. The State of Bihar, relying on Entry 81 of the Notification dated 26-12-1977 issued under Section 12 of the Bihar Fi…
DISTRICT PRIMARY SCHOOL COUNCIL, WBversusMRITUNJOY DAS & ORS.
2011 INSC 52027 July 2011Appeal(s) allowed
The respondents were appointed as Assistant Teachers in West Bengal primary schools after obtaining a Primary Teachers' Training Institute (PTI) certificate, which they secured by inflating their marks to gain admission to the training course. Upon discovery of the fraud, the District Primary School Council issued show…
HARI RAMversusJYOTI PRASAD & ANR.
2011 INSC 7427 January 2011Dismissed
Hariram appealed against judgments that upheld a permanent injunction ordering the removal of his alleged encroachment on a 10‑foot public street. He argued that the suit was barred by limitation, violated Order I Rule 8 of the CPC, and lacked proof that the land was a public street. The Supreme Court held that encroac…
DAULAT RAM & ANR.versusCBN MANDSAUR, M.P.
2011 INSC 7527 January 2011Dismissed
The appellants, brothers Daulat Ram and Mangilal, cultivated opium under a licence held by their mother and failed to declare the entire yield to the Lambardar as required by Rule 13 of the NDPS Rules. During a raid, concealed opium was recovered from pits they had dug, and both accused confessed to withholding the opi…
JITEN KUMAR SAHOO & ORS.versusCHIEF GENERAL MANAGER MAHANADI COALFILEDS LTD. & ORS.
2011 INSC 7727 January 2011Appeal(s) allowed
Mahanadi Coalfields Ltd. (MCL) filled 51 vacancies by appointing candidates who had previously undergone apprenticeship with the company, including the appellants. The aggrieved private respondents filed writ petitions seeking quashing of these appointments and demanded that the vacancies be filled strictly according t…
ASHOK SURAJLAL ULKEversusSTATE OF MAHARASHTRA
2011 INSC 7627 January 2011Dismissed
The appellant, a school teacher, was convicted under Section 376 of the IPC for raping a 15‑year‑old girl. The FIR was lodged three days after the alleged incident, and the medical examination, conducted after three days, did not conclusively prove rape, though it noted a minor finger injury and a missing hymen. The ap…
SUKHBIR SINGH AND ANR.versusSTATE OF PUNJAB
2011 INSC 7827 January 2011Appeal(s) allowed
The case arose from a dispute over school land in Punjab where the village sarpanch, Jaswant Singh, was shot dead. The FIR described the killers as two Sikh youths aged 25‑30 wearing kurta pajamas, but no names were given. The two accused, Sukhbir Singh and Dilbagh Singh, were arrested six months later and identified f…
M/S L.N. GADODIA & SONS & ANR.versusREGIONAL PROVIDENT FUND COMMISSIONER
2011 INSC 71226 September 2011Dismissed
The Supreme Court considered whether two sister private companies, L.N. Gadodia & Sons and Delhi Farming & Construction Pvt. Ltd., should be treated as a single establishment under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Both firms shared common directors, a managing director, senior manag…
LALIT KUMAR MODIversusBOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.
2011 INSC 71126 September 2011Dismissed
The petitioner, a member of the BCCI, was suspended and faced disciplinary action after a complaint of breach of confidentiality. He objected to the composition of the three‑member Disciplinary Committee, arguing that the President’s recusal required either waiting for a new President or appointing members acceptable t…
K. BALARAMA RAJUversusCH. V. SUBRAMANYA SARMA & ORS.
2011 INSC 71326 September 2011
The Supreme Court examined the seniority of three appellants and the first respondent appointed as computer operators in the Andhra Pradesh High Court. The first respondent possessed the required post‑graduate diploma at the time of the written test, whereas the appellants did not and were appointed on a temporary, adh…
SUPREME COURT BAR ASSOCIATION AND OTHERSversusB.D. KAUSHIK
2011 INSC 71426 September 2011Disposed off
The Supreme Court Bar Association (SCBA) amended its Rule 18 to introduce a "One Bar One Vote" principle, restricting voting rights to advocates who regularly practice before the Supreme Court. Two SCBA members, B.D. Kaushik and A.K. Manchanda, challenged the amendment and obtained an interim injunction restraining its…
STATE OF MAHARASHTRA AND ORS.versusSUBHASH ARJUNDAS KATARIA
2011 INSC 61526 August 2011Matter referred to larger bench
The State of Maharashtra appealed against a Bombay High Court order that quashed a seizure of sunglasses on the ground that they were not a "pre‑packed commodity" under the Standards of Weights and Measures Act, 1976. The issue was whether sunglasses (and similar items such as watches, phones, appliances) fall within t…
THE STATE OF MAHARASHTRA AND ORS.versusRAJ MARKETING & ANR.
2011 INSC 61626 August 2011Dismissed
The State of Maharashtra seized several packaged food items from the respondent's godown alleging that the outer packs, which the authorities treated as wholesale packages, lacked the mandatory declarations required under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The respondent filed a w…
STATE OF PUNJAB & ORS.versusJAGDISH KAUR
2011 INSC 61726 August 2011Appeal(s) allowed
Jagdish Kaur, a Class‑IV peon, sought promotion to a Class‑III clerk post but was denied because she had not passed the Punjabi typing test at 30 w.p.m. The Punjab and Haryana High Court struck down the typing‑test requirement as illegal, prompting the State of Punjab to appeal. The Supreme Court examined whether the P…
MOHAN SINGHversusSTATE OF BIHAR
2011 INSC 61426 August 2011Dismissed
The appellant, Mohan Singh, was accused of extorting money from an informant by telephone and threatening the informant's brother, who was subsequently killed. The prosecution presented voice identification by the informant, call‑record printouts linking Singh to co‑conspirator Laxmi Singh, and testimony that the infor…
NARMADA BACHAO ANDOLANversusSTATE OF MADHYA PRADESH
2011 INSC 51626 July 2011Dismissed
The appellant, Narmada Bachao Andolan, challenged the amendment dated 7 June 1991 to Clause 5.1 of the 1991 Resettlement and Rehabilitation (R&R) Policy for the Upper Beda dam project in Madhya Pradesh, alleging it was ultra vires, arbitrary and violated the right of oustees to land in lieu of acquisition. The petition…
STATE OF PUNJABversusJAGTAR SINGH AND ORS.
2011 INSC 51726 July 2011
The State of Punjab appealed against the Punjab & Haryana High Court’s order reducing the conviction of four accused from murder (s.302 r/w s.34 IPC) to culpable homicide not amounting to murder (s.304 Part‑I r/w s.34) and cutting their sentence to five years rigorous imprisonment. The trial court had relied on the tes…
GOSU JAIRAMI REDDY & ANR.versusSTATE OF A.P.
2011 INSC 51826 July 2011Dismissed
The appellants, Gosu Jairami Reddy and others, were convicted for murder, rioting and offences under the Explosive Substances Act after allegedly hurling bombs and attacking the deceased with hunting sickles. They challenged the convictions before the Supreme Court under Article 136, arguing errors in the trial court’s…
HUMANITY AND ANR.versusSTATE OF WEST BENGAL AND ORS.
2011 INSC 41126 May 2011Appeal(s) allowed
The West Bengal government advertised land for an integrated school and allotted a 50‑katha plot to cricketer Sourav Ganguly. Ganguly later requested a larger plot to meet ICSE affiliation norms and offered to surrender the original plot. Within a month the government allotted a 63‑katha plot without a fresh advertisem…
BAHADUR SINGHversusSTATE OF PUNJAB
2011 INSC 33226 April 2011Appeal(s) allowed
The appellant, Bahadur Singh, was apprehended during a police nakabandi and a bag he was carrying yielded 10 kg of opium. The trial court acquitted him, finding the prosecution story doubtful and noting that a press note about the seizure did not mention him. The High Court reversed, holding that Section 50 of the NDPS…
ZAHOOR & ORS.versusSTATE OF U.P.
2011 INSC 33326 April 2011Disposed off
The appellants Zahoor, Subrati and Babu were originally convicted of murder under Section 302 IPC and sentenced to life imprisonment. The Allahabad High Court altered the conviction to culpable homicide not amounting to murder under Section 304(1) read with Section 34, imposing a fine. On appeal, the Supreme Court held…
MRITUNJOY SETT (D) BY LRS.versusJADUNATH BASAK (D) BY LRS
2011 INSC 33426 April 2011Appeal(s) allowed
The landlord served a notice on the tenant on 28‑08‑1991, seeking vacancy of two rooms by the end of October 1991, claiming the tenancy was governed by the English calendar. The tenant contested, arguing that the tenancy followed the Bengali calendar and that the notice therefore failed to give a clear one‑month period…
URVIBEN CHIRAGHBAI SHETHversusVIJAYBHAI SHAMBHUBHAI JORANPUTRA .& ORS.
2011 INSC 33526 April 2011Appeal(s) allowed
In 1990 a car driven by the first respondent crashed, leaving the appellant, Urviben, permanently disabled and bedridden. She claimed Rs.15 lakh compensation before the Motor Accident Claims Tribunal (MACT) under s.166 of the Motor Vehicles Act, 1988. The MACT awarded Rs.6.07 lakh with 9% interest, recording that the a…
CONSUMER ONLINE FOUNDATIONversusUNION OF INDIA & ORS.
2011 INSC 33626 April 2011Appeal(s) allowed
The Supreme Court examined whether Delhi International Airport Ltd (DIAL) and Mumbai International Airport Ltd (MIAL) could levy development fees on embarking passengers under Section 22A of the Airports Authority of India Act, 1994, based on letters of approval from the Central Government. The petitioners argued that …
M/S. BANSAL WIRE INDUSTRIES LTD. AND ANR.versusSTATE OF U.P. AND ORS.
2011 INSC 33026 April 2011Dismissed
M/s Bansal Wire Industries Ltd., a manufacturer of stainless steel wire, challenged the assessment that taxed its product at 4% under the Central Sales Tax Act, arguing that stainless steel wire is a "declared commodity" within the "iron and steel" category of Section 14(iv) and thus eligible for the 4% ceiling. The St…
BANDA DEVELOPMENT AUTHORITY, BANDAversusMOTI LAL AGARWAL AND OTHERS
2011 INSC 33126 April 2011Appeal(s) allowed
The State Government acquired 103 bighas of land in Banda district for the Tulsi Nagar Residential Scheme under the Land Acquisition Act, 1894, issuing a notification on 8‑9‑1998 and a declaration on 7‑9‑1999. The acquisition was completed with possession handed over to the Banda Development Authority (BDA) on 30‑6‑200…
STATE OF HARYANAversusRAJMAL AND ANOTHER
2011 INSC 82125 November 2011Appeal(s) allowed
The State of Haryana prosecuted Rajmal and another under Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 for slaughtering cows in their house. The trial court and the Additional Sessions Judge convicted them based on seizure of beef, cow skins, and weapons, and eyewitness identification by the investigat…
M/S. REVA ELECTRIC CAR CO. P. LTD.versusM/S. GREEN MOBIL
2011 INSC 82225 November 2011Disposed off
The parties entered into a Memorandum of Understanding (MOU) on 25 September 2007 containing an arbitration clause. Although the MOU stipulated a trial period ending 31 December 2007, the petitioner unilaterally extended it until its termination on 25 September 2009, after which the respondent commenced legal proceedin…
RASIKLAL MANICKCHAND DHARIWAL & ANR.versusM/S. M.S.S. FOOD PRODUCTS
2011 INSC 82025 November 2011Dismissed
The plaintiff, M.S.S. Food Products, sued the appellants for passing off, seeking a declaration and injunction over the use of the mark "Manikchand". The trial court granted an interim ex parte injunction, later proceeded ex parte after the defendants failed to appear, closed their right to cross‑examine, heard only th…
KANDARPA SARMAversusRAJESWAR DAS AND ORS.
2011 INSC 60925 August 2011Appeal(s) allowed
The State of Assam advertised for the post of Gaonburah and appointed Kandarpa Sarma after a selection committee evaluated candidates on suitability. Rajeshwar Das, the nephew of a former Gaonburah, appealed under executive instruction para 162, and the Deputy Commissioner set aside Sarma's appointment, directing Das's…
GURDEEP SINGHversusSTATE OF PUNJAB AND ORS.
2011 INSC 61025 August 2011Dismissed
The appellant Gurdeep Singh was convicted under IPC sections 3048 (dowry death) and 498A for allegedly poisoning his wife Rajinder Kaur after a dowry demand. The prosecution alleged that the accused administered poison, that a dowry demand of Rs 25,000 was made shortly before death, and that the body was cremated hasti…
STATE OF RAJASTHAN & ORS.versusSANYAM LODHA
2011 INSC 61125 August 2011Appeal(s) allowed
The respondent, a legislator and social activist, filed a writ petition alleging that the Rajasthan Chief Minister's Relief Fund was being distributed arbitrarily and discriminatorily among minor rape victims, seeking a uniform grant of Rs.5 lakh to each victim. The High Court ordered that Rule 5 of the Relief Fund Rul…
BHARAT RASIKLAL ASHRAversusGAUTAM RASIKLAL ASHRA & ANR.
2011 INSC 61225 August 2011Appeal(s) allowed
The dispute arose between two brothers over the validity of partnership deeds executed after their grandfather's death, with the elder brother alleging that the later deeds of 1991 and 2000 were forged. The younger brother filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appo…
NANJEGOWDA AND ANOTHERversusGANGAMMA AND OTHERS
2011 INSC 61325 August 2011Dismissed
The plaintiffs filed a suit for declaration and possession of a property that had been purchased by Honnanna and later allegedly transferred to the defendants through an agreement to sale dated 27 November 1982. The defendants claimed title based on that agreement and an irrevocable power of attorney executed in 1985, …
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATIONversusKULSUM & ORS.
2011 INSC 51525 July 2011Disposed off
The Uttar Pradesh State Road Transport Corporation (UPSRTC) hired a privately owned mini‑bus, which was insured by National Insurance Company, and the bus was involved in a fatal accident. The claimants sought compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal held the corporation l…
UNION OF INDIA & ORS.versusM/S. MASTER CONSTRUCTION CO.
2011 INSC 32825 April 2011Appeal(s) allowed
The Union of India and others contracted Master Construction Co. to complete works, which were finished and a completion certificate issued. The contractor submitted no‑claim certificates and signed the final bill, receiving full payment on 19 June 2000, after which it later withdrew the certificates and lodged further…
U.P. AVAS EVAM VIKAS PARISHADversusSHEO NARAIN KUSHWAHA & ORS.
2011 INSC 32925 April 2011Appeal(s) allowed
The appellant, U.P. Avas Evam Vikas Parishad, sought to acquire land belonging to the respondents and challenged the Reference Court's award of Rs.1,10,250 per bigha as compensation, up from Rs.10,250 per bigha. The Allahabad High Court dismissed the appeal summarily without reasons, invoking Order 41 Rule 11 of the CP…
ASHOK TSHERING BHUTIAversusSTATE OF SIKKIM
2011 INSC 16225 February 2011Appeal(s) allowed
The appellant, a senior police officer in Sikkim, was charged under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known sources of income. He submitted a detailed statement of his assets (Exhibit D‑4) after the FIR, but the prosecution alleged a much larger unexplained amount and …
DURBALversusSTATE OF U.P.
2011 INSC 6825 January 2011Appeal(s) allowed
The case involved an alleged assault and murder of the father and nephew of PW‑1 (Kaldhari) by three accused (A‑1, A‑2, A‑3) using knives and spears. The prosecution’s case rested solely on the testimony of PW‑1 and two other eyewitnesses (PW‑2, PW‑3), who claimed to have identified the accused with the aid of a lanter…
M/S. B.FINE ART AUCTIONEERS PVT. LTD. & ORS.versusC.B.I. & ANR
2011 INSC 7025 January 2011Dismissed
The appellants, two fine‑art auctioneers, auctioned two paintings that were later seized by the Archaeological Survey of India (ASI) as antiques. The CBI, relying on the ASI report, registered an FIR under IPC s.120B and the Antiquities and Art Treasures Act, 1972 s.25(1) read with s.3, and filed a charge‑sheet. The ap…
KESHAV PRASAD SHARMAversusINDIAN OIL CORPORATION & ORS.
2011 INSC 7125 January 2011Dismissed
The petitioner, Keshav Prasad Sharma, was tried for a criminal offence when the public prosecutor sought to implead respondents No.3‑9 as co‑accused under Section 319 of the Criminal Procedure Code. The trial court allowed the impleadment, but the Punjab & Haryana High Court set aside that order. The petitioner filed S…
KANAKA REKHA NAIKversusMANOJ KUMAR PRADHAN & ANR.
2011 INSC 7225 January 2011Appeal(s) allowed
Manoj Kumar Pradhan, a sitting MLA, was convicted under IPC sections 147, 326 read with 149 and sentenced to seven years' rigorous imprisonment. He and another convict appealed, and the Orissa High Court granted him bail on the same day, citing his status as an MLA. The appellant, Kanaka Rekha Naik, the wife of the dec…
MANJIT SINGH @ MANGEversusCBI, THROUGH ITS S.P.
2011 INSC 7325 January 2011Dismissed
The Supreme Court examined appeals against a Designated Court (TADA) judgment that convicted three men for the murder of Additional Collector L.D. Arora under the IPC and acquitted them of TADA charges. The key issues were the admissibility of confessional statements made by co‑accused under TADA s.15 against an accuse…
AMAR BAHADUR SINGHversusSTATE OF U.P.
2011 INSC 6925 January 2011Appeal(s) allowed
The appellant was accused of raping his daughter-in-law in the family home on 2 April 1989, an incident allegedly witnessed by several family members and resulting in the victim's bleeding. The trial court convicted him under Section 376 of the Indian Penal Code and sentenced him to seven years' rigorous imprisonment. …
BUDHADEV KARMASKARversusSTATE OF WEST BENGAL
2011 INSC 60324 August 2011Hearing Adjourned
The Supreme Court, hearing Budhadev Karmaskar v. State of West Bengal (Criminal Appeal No. 135 of 2010), continued its earlier directives to improve the rehabilitation of sex workers by ordering the Central Government to provide Rs.10 lakh and each State Government Rs.5 lakh (Union Territories Rs.2 lakh) to the Court‑a…
UNIFLEX CABLES LTD.versusCOMMISSIONER, CENTRAL EXCISE, SURAT-II
2011 INSC 60424 August 2011Case Partly allowed
Uniflex Cables Ltd., a manufacturer of insulated wires, claimed exemption from central excise duty under Notification 205/88 (as amended) on the ground that its cables were specially designed for wind‑mills. The Revenue authorities rejected the claim, asserting that the cables were neither parts nor specially designed …
P. PARTHASARATHYversusSTATE OF KARNATAKA & ORS.
2011 INSC 60524 August 2011Dismissed
Petitioner P. Parthasarathy owned about 2 acres of land in Kengeri, Karnataka, which the State sought to acquire for the Bangalore‑Mysore Infrastructure Corridor project under the Karnataka Industrial Areas Development Act, 1966. After a preliminary notification under s.28(1) and no objection from the petitioner, a fin…
SPL. LAND ACQUISITION OFFICER .versusMAHARANI BISWAL AND ORS.
2011 INSC 60624 August 2011Disposed off
The Special Land Acquisition Officer fixed compensation of Rs.3,100 per acre for land acquired under Section 4 of the Land Acquisition Act, 1894. The landowners challenged this amount; the reference court raised it to Rs.10,000 per acre, and the High Court further increased it to Rs.75,000 per acre. The Supreme Court h…
CHAKASversusSTATE OF PUNJAB & ORS.
2011 INSC 60724 August 2011Disposed off
The Supreme Court examined the compensation payable to land owners whose 550.03 acres were acquired by the State of Punjab for an industrial focal point. It held that the appropriate market value (base price) must be determined using the sale deed Ext. P.8, which was a genuine transaction close to the Section 4 notific…
MANOHAR LAL (D) BY LRS.versusUGRASEN (D) BY LRS. & ORS.
2011 INSC 60824 August 2011Dismissed
The Supreme Court examined a review petition challenging its earlier order that quashed an allotment of land made by the Chief Minister of Uttar Pradesh to the predecessor‑in‑interest of the petitioners under the Land Acquisition Act, 1894. The State Government's land policy allowed aggrieved persons to receive develop…
RAJPUT JABBARSINGH MALAJIversusSTATE OF GUJARAT
2011 INSC 40924 May 2011Dismissed
The appellant, Rajput Jabbarsingh Malaji, was convicted under Section 302 IPC for murdering his brother Jethusing by striking him on the face with an axe. The prosecution relied on the dying victim's wife (PW‑3) who identified the appellant, corroborated by two brothers (PW‑5, PW‑6) whose statements were recorded under…
STATE OF RAJASTHANversusISLAM
2011 INSC 41024 May 2011Appeal(s) allowed
The State of Rajasthan appealed against the Rajasthan High Court’s order converting the murder conviction of respondent No.1 Islam under IPC Section 302 to a lesser offence under Section 304 Part‑II, on the ground that the High Court had erred in its appreciation of the evidence and its application of the fourth except…
SWAPAN KUMAR SENAPATIversusSTATE OF WEST BENGAL
2011 INSC 15724 February 2011Disposed off
The appellant, Swapan Kumar Senapati, assaulted his uncle Satkari Senapati by sitting on his chest and allegedly striking his head with a stone. The victim died three days later from intracranial hemorrhage, with no external injuries found at autopsy. The FIR was lodged three days after the incident, citing Sections 34…
MD. SUKUR ALIversusSTATE OF ASSAM
2011 INSC 15824 February 2011Appeal(s) allowed
The appellant, MD Sukur Ali, challenged a conviction upheld by the Gauhati High Court, which had been decided in his absence because his newly appointed counsel, B. Sinha, did not appear due to a listing error. The Supreme Court examined whether a criminal case can be decided against an accused when counsel is absent a…
LANKA VENKATESWARLU (D) BY LRS.versusSTATE OF A.P. & ORS.
2011 INSC 15924 February 2011Appeal(s) allowed
The original plaintiff, Lanka Venkateswarlu, filed a suit for title and injunction which was appealed after his death in 1990. The High Court ordered the government pleader to bring the legal heirs on record within a week, failing which the appeal would be dismissed. The appeal was dismissed on 6 February 1998 for non‑…
TUKARAM & ORS.versusSTATE OF MAHARASHTRA
2011 INSC 16024 February 2011Disposed off
The deceased Prakash was assaulted after a marriage ceremony by members of two rival groups of the Dalit Mukti Sena. He sustained a buttock wound and later developed internal injuries, leading to his death after eighteen days of hospitalization. The trial court convicted the accused of murder (s.302/149 IPC) and other …
NARAYAN DUTT AND ORS.versusSTATE OF PUNJAB AND ANR.
2011 INSC 16124 February 2011Disposed off
The Additional Sessions Judge convicted Narayan Dutt, Manjit Singh and Prem Kumar for murder under the IPC and sentenced them to life imprisonment. While their appeals were pending before the High Court, they filed petitions under Article 161 of the Constitution seeking pardon from the Governor of Punjab, who granted i…
GURDIAL SINGH & ORS.versusSTATE OF PUNJAB
2011 INSC 6424 January 2011Dismissed
The appellants Gurdial Singh, Bakshish Singh and Darshan Singh attempted to divert a village drain towards the house of Buta Singh despite a court injunction. When Buta Singh objected, the appellants, armed with a gandasi and dangs, assaulted him and several witnesses; Buta Singh later died from his injuries. The trial…
RAMESHBHAI CHANDUBHAI RATHODversusTHE STATE OF GUJARAT
2011 INSC 6524 January 2011Disposed off
Rameshbhai Chandubhai Rathod, a 27‑year‑old watchman, was convicted of raping and murdering a ten‑year‑old girl residing in the building where he worked. The trial court sentenced him to death under Section 302 IPC, a decision affirmed by the Gujarat High Court as a "rarest of rare" case. On appeal before a two‑judge S…
KALYAN SINGH CHOUHANversusC.P. JOSHI
2011 INSC 6624 January 2011Dismissed
The appellant Kalyan Singh Chouhan, declared elected by a margin of one vote in the Rajasthan Legislative Assembly election, challenged the High Court's order rejecting his application to summon all ten tendered votes, arguing that the entire set should be examined to prevent miscarriage of justice. The respondent C.P.…
ARUNA RAMCHANDRA SHANBAUGversusUNION OF INDIA AND ORS .
2011 INSC 6724 January 2011Hearing Adjourned
The petition, filed under Article 32 of the Constitution by a next friend on behalf of Aruna Ramachandra Shanbaug, sought a direction to stop feeding her, alleging she had been in a persistent vegetative state for 36 years following a brutal assault. The respondents, including the KEM Hospital and municipal authorities…
SHISH RAMversusUNION OF INDIA & ORS.
2011 INSC 81723 November 2011Dismissed
Shish Ram, who had served over ten years in the Indian Army, was transferred to the reserve establishment and failed to attend mandatory reservist training, nor did he provide an exemption certificate. He was declared a deserter in 1978 and subsequently dismissed by the brigade commander in 1981. The appellant challeng…
UNION OF INDIAversusCOL. L.S.N. MURTHY & ANR.
2011 INSC 81823 November 2011Appeal(s) allowed
The Union of India invited tenders for fresh fruit supply to its troops and accepted the tender of Col. L.S.N. Murthy (respondent No.2). After the respondent stopped supply in June 2000, the Union rescinded the contract, forfeited the security deposit and claimed expenses, leading to arbitration. The arbitrator held th…
SANJAY CHANDRAversusCBI
2011 INSC 81923 November 2011Disposed off
The Supreme Court considered appeals by Sanjay Chandra and 16 co‑accused who were denied bail by the Special CBI Judge and the Delhi High Court in a telecom‑licence fraud case involving alleged loss of billions to the State. The appellants argued that the investigation was complete, the charge‑sheet filed, and there wa…
RAGHBIR SINGH SEHRAWATversusSTATE OF HARYANA AND OTHERS
2011 INSC 81623 November 2011Appeal(s) allowed
The appellant, a farmer, challenged the acquisition of his agricultural land by the State of Haryana, alleging that the statutory notices under the Land Acquisition Act, 1894 were not properly published, he was denied a hearing, and that possession of his land was never actually taken because crops were standing at the…
DINBANDHUversusSTATE OF BIHAR & ANR.
2011 INSC 70523 September 2011Appeal(s) allowed
The appellant and the complainant, who are brothers, were involved in a pending partition suit where the appellant produced a deed that the complainant alleged was altered and forged. The complainant filed a criminal complaint under several sections of the Indian Penal Code alleging forgery and related offences. The Hi…
RAM JETHMALANI & ORS.versusUNION OF INDIA & ORS
2011 INSC 70723 September 2011Matter referred to larger bench
The petitioners, led by Ram Jethmalani, sought a writ directing the Union of India to recover unaccounted money of Indian citizens held in foreign banks and the Court had earlier appointed a Special Investigation Team (SIT) headed by two retired Supreme Court judges. The Union of India filed Interlocutory Application N…
AB. BHASKARA RAOversusINSPECTOR OF POLICE, CBI VISAKHAPATNAM
2011 INSC 70823 September 2011Dismissed
A.B. Bhaskara Rao, a railway head clerk, demanded and accepted Rs 200 as illegal gratification for a transfer order on 14 Nov 1997 and was charged under Sections 7 and 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988. He was convicted by a Special Judge and sentenced to six months rigorous…
SADHWI PRAGYNA SINGH THAKURversusSTATE. OF MAHARASHTRA
2011 INSC 70623 September 2011Dismissed
The appellant, Sadhwi Pragnya Singh Thakur, was alleged to have been arrested on 10 October 2008 in connection with the Malegaon bomb blast and claimed that she was not produced before a magistrate within 24 hours, violating Article 22(1) and 22(2) of the Constitution, and that the charge‑sheet was filed after the 90‑d…
STATE OF U.P. & ORS.versusM/S MOHAN MEAKIN BREWERIES LTD. & ANR.
2011 INSC 71023 September 2011Disposed off
The State of Uttar Pradesh challenged M/s Mohan Meakin Breweries Ltd. for levying excise duty and additional duty on alleged excess manufacturing and bottling wastage of beer. The High Court had directed the State to recompute the stock of beer under Rule 53 of the UP Brewery Rules and Section 28A of the UP Excise Act,…
KANWAR SINGH SAINIversusHIGH COURT OF DELHI
2011 INSC 70923 September 2011Appeal(s) allowed
Kanwar Singh Saini appealed against a conviction for criminal contempt by the Delhi High Court for allegedly breaching an undertaking given in a civil suit that resulted in a decree granting a permanent injunction. The Supreme Court held that an application under Order XXXIX Rule 2A of the CPC is only available during …
NATIONAL INSURANCE COMPANY LTD.versusKUSUMA AND ANR.
2011 INSC 60023 August 2011Dismissed
In 1995 a pregnant woman (Kusuma) was injured in a road accident and subsequently delivered a still‑born baby. She filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for loss of the unborn child and pain and suffering. The Motor Accident Claims Tribunal awarded Rs 50,000 for the loss of the unborn…
INDERJIT SINGH GREWALversusSTATE OF PUNJAB & ANR.
2011 INSC 60123 August 2011Appeal(s) allowed
The husband and wife obtained a decree of divorce by mutual consent in 2008. The wife later filed a criminal complaint under the Protection of Women from Domestic Violence Act, 2005 alleging the divorce decree was a sham and that they continued to live together. The husband moved the trial magistrate under Section 482 …
DEVENDER KUMAR TYAGI AND ORS.versusSTATE OF U.P. AND ORS.
2011 INSC 60223 August 2011Case Allowed
The petitioners challenged two notifications issued by the State of Uttar Pradesh for acquiring land to develop a Leather City Project aimed at relocating polluting bone mills. The Court examined whether the declaration under Section 6 of the Land Acquisition Act, dated 18 December 2007, was made within the one‑year li…
IVO AGNELO SANTIMANO FERNANDES & ORS.versusGOVERNMENT OF GOA & ANR.
2011 INSC 15123 February 2011Appeal(s) allowed
In a land acquisition proceeding, the government paid compensation by issuing cheques to four owners, two of which remained uncollected and were subsequently deposited in the State's revenue account and utilized. The owners filed an execution application seeking the balance amount and interest, arguing that under Secti…
HARYANA WAREHOUSING CORPORATIONversusJAGAT RAM & ANR.
2011 INSC 15223 February 2011Dismissed
The Haryana State Warehousing Corporation promoted Ram Kumar to Assistant Manager (Administration) over the senior Jagat Ram, relying on a comparative assessment of their service records. Jagat Ram challenged the promotion, arguing that Regulation 8(2) of the 1994 Regulations mandates promotion on a seniority‑cum‑merit…
AMERIKA RAI & ORS.versusSTATE OF BIHAR
2011 INSC 15323 February 2011Disposed off
The case arose from a violent incident that followed a marriage ceremony in Vaishali district, where six accused formed an unlawful assembly and opened fire, killing Shankar Rai and injuring his brother Dineshwar Rai. The prosecution proved that the accused slapped and fisted the bride's brother-in-law, after which the…
BRIJ PAL BHARGAVA & ORS.versusSTATE OF U.P. & ORS.
2011 INSC 15423 February 2011Dismissed
The appellants owned 6.6 acres of land in Mathura, Uttar Pradesh, which was acquired by the State under the Land Acquisition Act, 1894 through notifications under Sections 4 and 6. They challenged the acquisition on two grounds: that they were not afforded a hearing under Section 5‑A before their objections were decide…
VISHNU AGARWALversusSTATE OF U.P. AND ANR.
2011 INSC 15523 February 2011Dismissed
In a criminal revision, the revisionist failed to appear because his counsel did not note the case in the main list, leading the High Court to pass a judgment. An application was filed to recall that order on the ground that the case was not listed, and the High Court recalled the order and ordered a fresh hearing. The…
MEHMOOD RAHMAT ULLAH KHAN & ANR.versusNIYAZ AHMAD KHAN
2011 INSC 15623 February 2011Appeal(s) allowed
The landlord filed a petition under Section 21(1)(a) of the U.P. Urban Building Act, 1972 claiming bonafide need to evict the tenant. The prescribed authority rejected the petition, finding no bonafide need, and the appellate court upheld this finding. The High Court, however, in a writ petition, set aside the finding …
SHIV SHANKAR SINGHversusSTATE OF BIHAR & ANR.
2011 INSC 81222 November 2011Appeal(s) allowed
Shiv Shankar Singh filed two protest petitions against the State of Bihar after two FIRs were lodged for the same incident, one alleging a dacoity and the other alleging murder for property disputes. The first petition, filed before the police final report, was deemed incompetent, while the second petition was entertai…
DINESH KUMARversusCHAIRMAN, AIRPORT AUTHORITY OF INDIA AND ANR.
2011 INSC 81322 November 2011Dismissed
Dinesh Kumar was prosecuted under Sections 13(2), 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act, 1988 after a sanction order was issued on 4 November 2009. He challenged the sanction in the High Court, but the CBI filed a charge‑sheet and the Special Judge took cognizance while the sanction was still under …
BANGARU LAXMANversusSTATE (THROUGH CBI) & ANOTHER
2011 INSC 81422 November 2011Dismissed
Bangaru Laxman appealed against the order of a Special Judge that granted pardon to an accomplice (respondent No.2) before the charge‑sheet was filed. The appellant argued that the Special Judge under the Prevention of Corruption Act, 1988 (PC Act) lacked jurisdiction to grant pardon at the investigation stage and that…
CHANDRASHEKAR (D) BY LRS. & ORS.versusLAND ACQUISITION OFFICER & ANR.
2011 INSC 81522 November 2011Dismissed
The Supreme Court examined the quantum of deductions to be made from the market value of a large tract of undeveloped agricultural land acquired for a residential layout, where the market value was derived from a sale of a small, fully developed plot. The Court clarified that deductions for development must be split in…
PARASAMAYA KOLERINATHA MADAM, TIRUNELVELIversusP. NATESA ACHARI & ORS.
2011 INSC 70222 September 2011Appeal(s) allowed
The appellant, Parasamaya Kolerinatha Math, sued the defendants for declaration of title and possession of a Chennai property that housed the Meenakshiamman idol and the founder's statue. The defendants claimed the premises was a public temple belonging to the Viswakarma community. The High Court Single Judge held the …
GAJRAJversusSTATE (NCT) OF DELHI
2011 INSC 70422 September 2011Dismissed
The appellant Gajraj Singh was convicted for the murder of his brother-in-law Harish Kumar after the victim's body was discovered with a missing revolver, mobile phone and Rs.3 lakh. Investigation revealed that the victim's SIM (9871879824) was used on a handset bearing IMEI No.35136304044030, which was later used with…
HIGH COURT OF JUDICATURE, PATNAversusSHIVESHWAR NARAYAN AND ANR.
2011 INSC 70322 September 2011Disposed off
Shiveshwar Narayan, a judicial officer, sought extension of his retirement age from 58 to 60 years. An Evaluation Committee, appointed by the Patna High Court, found he lacked potential for continued useful service, and the Full Court of the High Court unanimously accepted this finding, denying the extension. Narayan c…
KACHCHH JAL SANKAT NIVARAN SAMITI & ORS.versusSTATE OF GUJARAT & ANR.
2011 INSC 59922 August 2011
The petitioners, Kachchh Jal Sankat Nivaran Samiti & Ors., filed a public interest litigation alleging that the State of Gujarat allocated an inadequate share of water from the Sardar Sarovar Dam to the drought‑prone Kachchh district. The Gujarat High Court dismissed the writ, holding that water allocation is a policy …
BALDEV SINGH & ORS.versusSTATE OF PUNJAB
2011 INSC 14922 February 2011Disposed off
In 1997 the prosecutrix was abducted, raped and beaten by three accused who were later convicted under IPC sections 376(2)(g) and 342 and sentenced to ten years' rigorous imprisonment with a fine of Rs 1,000 each. The accused had already served about three and a half years when they appealed to the Supreme Court, conte…
DAYAL DASversusSTATE OF RAJASTHAN
2011 INSC 14622 February 2011Appeal(s) allowed
The appellant, Dayal Das, was convicted under IPC sections 304(Part‑II) and 328 and Rajasthan Excise Act s.54‑A for the death of Lal Chand, who allegedly died after consuming illicit liquor at the appellant's soda‑lemon shop. The sole evidence linking the appellant was the statement of PW‑12, who said he saw Lal Chand …
KOKKANDA B. POONDACHA AND OTHERSversusK.D. GANAPATHI AND ANR.
2011 INSC 14722 February 2011Appeal(s) allowed
The appellants filed a partition suit and the respondents later applied under Order XVI Rule 1(1) and (2) read with Section 151 of the CPC to file a list of witnesses, naming the appellants' advocate, N.R. Karnath, as a witness. The trial court allowed the list but rejected the request to summon the advocate because no…
RAMESHversusSTATE OF RAJASTHAN
2011 INSC 14822 February 2011Dismissed
The case involved the murder of money‑lender RL and his wife during a robbery of their house‑cum‑shop, where the accused A‑1 (Gordhan Lal), A‑2 (Bharat Kumar) and A‑3 (Ramesh) were convicted of murder, robbery and related offences. The prosecution relied on a chain of circumstantial evidence, including blood‑stained cl…
CBIversusMUSTAFA AHMED DOSSA
2011 INSC 15022 February 2011Disposed off
The case concerned the admissibility of evidence recorded in the main trial of the 1993 Bombay blast (BBC No.1/1993) against a co‑accused, Mustafa Ahmed Dossa, who was arrested years later. The Designated Court had held that evidence recorded before Dossa was declared a proclaimed offender could not be used against him…
SURINDER KUMARversusSTATE OF HARYANA
2011 INSC 77721 October 2011Appeal(s) allowed
The appellant, Surinder Kumar, was accused of setting fire to his lover Kamlesh Rani, who later died from severe burns. The sole evidence against him was a dying declaration recorded by an executive magistrate at a hospital, which alleged that Kumar had poured kerosene on her and set her ablaze. The trial court rejecte…
RANBAXY LABORATORIES LTD.versusUNION OF INDIA AND ORS.
2011 INSC 77621 October 2011Disposed off
Ranbaxy Laboratories Ltd. claimed rebate of excise duty and, after the refund was sanctioned, sought interest under Section 11BB of the Central Excise Act, 1944 for the delay. The revenue argued that interest was payable only after three months from the date of the refund order, while the assessee contended that the pe…
JASWANT SINGHversusGURDEV SINGH & ORS.
2011 INSC 77821 October 2011Dismissed
Jaswant Singh filed several suits concerning ownership of land in Simbli, Hoshiarpur, and the parties entered into a compromise on 27 November 1972 which led to a decree on 8 December 1972. The dispute later centered on the interpretation of that compromise—whether Singh owned 12.5 acres or only 8 acres—and on the admi…
PANCHMAHAL VADODARA GRAMIN BANK & ORS.versusD.M. PARMAR
2011 INSC 70121 September 2011Disposed off
D.M. Parmar, a manager of Panchmahal Vadodara Gramin Bank, was dismissed after an enquiry found him guilty of multiple serious charges relating to loan sanction irregularities. He challenged the dismissal, arguing that the enquiry officer had denied him access to documents concerning his predecessor and that the discip…
M/S. MSK PROJECTS (I) (JV) LTDversusSTATE OF RAJASTHAN & ANR.
2011 INSC 51021 July 2011Disposed off
The Supreme Court considered a dispute arising from a BOT concession agreement for the Bharatpur bypass road, where the contractor claimed entitlement to tolls and compensation for delay in the State's issuance of a traffic‑restriction notification and for the Bharatpur‑Deeg patch of road. The arbitral tribunal had awa…
NIKKU KHAN @ MOHAMMADEENversusSTATE OF HARYANA
2011 INSC 51121 July 2011Disposed off
The appellant, Nikku Khan (Mohammadeen), was stopped by police on 1 June 2003 and heroin weighing 740 grams was seized from his person. Laboratory analysis showed the heroin had a purity of 16.93%, equating to approximately 125 grams of pure heroin. Under the NDPS Act, the commercial quantity of heroin is prescribed as…
MUNILAL MOCHIversusSTATE OF BIHAR & ANR.
2011 INSC 51221 July 2011
The appellant was charged with misappropriation of funds under the National Rural Employment Programme (NREP) for offences under several IPC sections and the Prevention of Corruption Act, 1947. After a protracted investigation, he was convicted in 2004 and sentenced to two and a half years' rigorous imprisonment, which…
NIRMAL SINGH PEHLWAN @ NIMMAversusINSPECTOR, CUSTOMS, CUSTOMS HOUSE, PUNJAB
2011 INSC 51321 July 2011
During a joint operation in January 1999, Nirmal Singh was apprehended and offered a choice to be searched before a magistrate or a gazetted officer under Section 50 of the ND PS Act. He chose a gazetted officer, and a search uncovered two kilograms of heroin; he also made a confession to a customs officer under Sectio…
A. SUBASH BABUversusSTATE OF A.P.& ANR.
2011 INSC 51421 July 2011Disposed off
The appellant, a Sub‑Inspector, married a woman (the second wife) by concealing that he was already married, collected money from her family and threatened them. The second wife filed a complaint alleging offences under Sections 494, 495, 417, 420 and 498A IPC. The High Court quashed the complaint under Section 498A, h…
V. RAMAKRISHNA RAOversusSINGARENI COLLIERIES COMPANY LTD. & ANR.
2011 INSC 32321 April 2011Case Allowed
The appellant, V. Ramakrishna Rao, filed an application under Section 28A(3) of the Land Acquisition Act, 1894 seeking correction of the market value and compensation awarded for land acquisition. The Supreme Court had earlier allowed the appeal, reversing the Andhra Pradesh High Court and holding the Section 28A(3) ap…
AMRIK SINGH LYALLPURIversusUNION OF INDIA AND ORS.
2011 INSC 32421 April 2011Appeal(s) allowed
Amrik Singh Lyallpuri, a journalist, challenged the statutory provision that appeals from decisions of the Appellate Tribunal under the Delhi Municipal Corporation Act, 1957 and the New Delhi Municipal Council Act, 1994 must be heard by the Administrator (the Lieutenant Governor of Delhi). The issue was whether such an…
FAHIM KHANversusSTATE OF BIHAR NOW JHARKHAND
2011 INSC 32521 April 2011Dismissed
The appellant Fahim Khan and two others were accused of murdering Sagir Hasan Siddique. The trial court acquitted them, but the High Court set aside the acquittal, finding the trial court's judgment perverse and convicting the appellant. On appeal, the Supreme Court examined whether the High Court could interfere with …
CBI, HYDERABADversusSUBRAMANI GOPALAKRISHNAN & ANR.
2011 INSC 32621 April 2011Appeal(s) allowed
The Central Bureau of Investigation (CBI) appealed against the Andhra Pradesh High Court’s order granting bail to S. Gopalakrishnan (external auditor) and V.S. Prabhakara Gupta (internal auditor) in the massive Satyam corporate fraud case. The Supreme Court examined whether the bail was justified given the accused’s al…
DR. SHEHLA BURNEY AND. OTHERSversusSYED ALI MOSSA RAZA (DEAD) BY LRS. AND ORS.
2011 INSC 32721 April 2011Appeal(s) allowed
The plaintiffs filed a suit for possession of a 3‑acre land alleging title derived from their parents. Defendant No.1 (Razia Begum) transferred the land to Lateef Hassan Burney (defendant No.2) who was later impleaded. The amended plaint sought possession only against defendant No.1 and made no prayer against defendant…