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Judgments of 2011

847 judgments · newest first · showing 1–200

P. MAHALINGAMversusMONICA KUMAR & ANR.

2011 INSC 847Disposed off

The appellants, medical students, alleged that they were brutally assaulted by police officers while serving a dasti summons issued by the Supreme Court to the SHO of Sector 39 Police Station, Noida. The High Court dismissed their petition for a CBI inquiry on the ground that no FIR had been …

YOGRAJ INFRASTRUCTURE LTD.versusSSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD.

2011 INSC 845Disposed off

An interlocutory application was filed by SSANG YONG Engineering & Construction Co. Ltd. seeking clarification and correction of several clerical errors in the Supreme Court's judgment dated 1 September 2011 in Civil Appeal No. 7562 of 2011. The applicant contended that paragraph 35 incorrectly …

DEEPTI BHANDARIversusNITIN BHANDARI & ANR.

2011 INSC 844Disposed off

The case involved a matrimonial dispute between Depti Bhandari and Nitin Bhandari, centering on visitation rights to their minor daughter after the mother shifted residence from Jaipur to Delhi. The father had been granted visitation rights in Jaipur, but the mother sought to modify the order to …

CHIEF INFORMATION COMMR. AND ANOTHERversusSTATE OF MANIPUR AND ANOTHER

2011 INSC 842Disposed off

The Chief Information Commissioner of Manipur and another filed two RTI applications under Section 6 seeking details of magisterial inquiries, but received no response from the State Public Information Officer. They lodged complaints under Section 18, prompting the Commissioner to direct the officer …

MIS. DISHA CONSTRUCTIONS AND ORS.versusSTATE OF GOA AND ANR.

2011 INSC 841Appeal(s) allowed

The appellants, Disha Constructions and others, entered into a contract to construct a school auditorium and were partially paid, leaving a balance due from September 2006. They served a notice under Section 80 of the CPC to the first defendant on 19 February 2009, which was received on 27 February …

UNIVERSITY OF KERALAversusCOUNCIL, PRINCIPALS', COLLEGES, KERALA & ORS.

2011 INSC 840Disposed off

The Supreme Court entertained interlocutory applications filed by the Jawaharlal Nehru University (JNU) Students' Union and Youth for Equality Students seeking to hold student‑union elections that were stayed on the ground that they did not comply with the Lyngdoh Committee recommendations. The …

DATTU S/O NAMDEV THAKURversusSTATE OF MAHARASHTRA AND ORS.

2011 INSC 837Dismissed

The petitioners—a father, Dattu Thakur, and his son and daughter—were issued Scheduled‑Tribe certificates in 2001. In 2009 the Maharashtra Caste Scrutiny Committee cancelled those certificates for failing to prove belonging to the Thakur tribe, and the Bombay High Court upheld the cancellation. The …

M/S. NAGPUR GOLDEN TRANSPORT COMPANY (REGD.)versusM/S. NATH TRADERS & ORS.

2011 INSC 838Case Partly allowed

The appellant, Nagpur Golden Transport Company, a common carrier, was ordered by the District Consumer Disputes Redressal Forum to pay Rs.3,60,131 to the consignees (Nath Traders & Ors.) for damaged monoblock pumps. The consignees had already paid this amount to the consignor (respondent No.3), who …

STATE OF PUNJABversusDAVINDER PAL SINGH BHULLAR & ORS. ETC

2011 INSC 839Appeal(s) allowed

The Supreme Court examined whether the Punjab and Haryana High Court could entertain applications under Section 482 of the CrPC and direct a CBI investigation after a criminal appeal had been finally disposed of. It held that once a judgment is signed, the court becomes functus officio and, under …

NARINDER SINGH ARORAversusSTATE (GOVT. OF NCT OF DELHI) AND ORS.

2011 INSC 833Disposed off

The appellant filed a complaint in 1988 leading to an FIR and charges under Sections 498‑A, 304‑B, 34 and 302 of the IPC. The trial was initially assigned to Additional Sessions Judge S.N. Dhingra, who on 25 September 2000 recused himself for personal reasons and the case was transferred to another …

AKRAM KHANversusSTATE OF WEST BENGAL

2011 INSC 835Dismissed

The appellant, Akram Khan, was one of seven accused who kidnapped a four‑year‑old boy in Kolkata and demanded ransom, threatening to kill the child if the demand was not met. The prosecution proved the kidnapping, detention, and ransom demands through the testimony of the child, his father, a …

R.K. MITTAL & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2011 INSC 836Disposed off

The Supreme Court examined whether the New Okhla Industrial Development Authority could allow banks, nursing homes and other commercial activities in plots designated as residential under the Master Plan, lease deeds and the U.P. Industrial Area Development Act, 1976. The appellants had let their …

ASHISH CHADHAversusSMT. ASHA KUMARI & ANR.

2011 INSC 832Disposed off

A complaint alleged that a former MLA and her husband conspired to illegally obtain government land using forged documents. The Special Judge framed charges, which the High Court set aside, quashed the charges against all accused, and transferred the case to another court, claiming the accused were …

SURESH DHANUKAversusSUNLTA MOHAPATRA

2011 INSC 831Appeal(s) allowed

The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that …

HIGH COURT OF A.P.versusN. SANYASI RAO

2011 INSC 828Disposed off

The respondent, a Judicial Officer, applied for recruitment to the Andhra Pradesh Judicial Service stating his date of birth as 1 July 1949 based on his school certificate, but later obtained a civil decree declaring his birth as 29 March 1953 and used that date at the time of joining service in …

STATE OF MADHYA PRADESH & ORS.versusSATYAVRATA TARAN

2011 INSC 829Dismissed

The case concerned Assistant Professors appointed on an emergency basis under Rule 13(5) of the Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1967, who sought to have their emergency service counted for senior/selection grade pay scales. The respondent, Satyavrata Taran, …

STATE OF RAJASTHANversusSHERA RAM @ VISHNU DUTTA

2011 INSC 830Dismissed

The State of Rajasthan appealed the acquittal of Shera Ram @ Vishnu Dutta, who had been found not guilty of murder, offences under Sections 302, 295 and 449 IPC on the ground that he was of unsound mind at the time of the incident. The trial court had convicted him, but the High Court reversed the …

GAJANAN SAMADHAN LANDEversusSANJAY SHYAMRAO DHOTRE

2011 INSC 826Dismissed

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 …

IQBAL SINGH NARANG & ORS.versusVEERAN NARANG

2011 INSC 827Dismissed

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 …

KETAN V. PAREKHversusSPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER.

2011 INSC 825Dismissed

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 …

PUNJAB STATE WAREHOUSING CORPORATION FARIDKOTversusM/S SH. DURGA JI TRADERS & ORS.

2011 INSC 823Appeal(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 …

K.N. GOVINDAN KUTTY MENONversusC.D. SHAJI

2011 INSC 824Appeal(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 …

STATE OF HARYANAversusRAJMAL AND ANOTHER

2011 INSC 821Appeal(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 …

M/S. REVA ELECTRIC CAR CO. P. LTD.versusM/S. GREEN MOBIL

2011 INSC 822Disposed 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 …

RASIKLAL MANICKCHAND DHARIWAL & ANR.versusM/S. M.S.S. FOOD PRODUCTS

2011 INSC 820Dismissed

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 …

SHISH RAMversusUNION OF INDIA & ORS.

2011 INSC 817Dismissed

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. …

UNION OF INDIAversusCOL. L.S.N. MURTHY & ANR.

2011 INSC 818Appeal(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. …

SANJAY CHANDRAversusCBI

2011 INSC 819Disposed 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 …

RAGHBIR SINGH SEHRAWATversusSTATE OF HARYANA AND OTHERS

2011 INSC 816Appeal(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 …

SHIV SHANKAR SINGHversusSTATE OF BIHAR & ANR.

2011 INSC 812Appeal(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 …

DINESH KUMARversusCHAIRMAN, AIRPORT AUTHORITY OF INDIA AND ANR.

2011 INSC 813Dismissed

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 …

BANGARU LAXMANversusSTATE (THROUGH CBI) & ANOTHER

2011 INSC 814Dismissed

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 …

CHANDRASHEKAR (D) BY LRS. & ORS.versusLAND ACQUISITION OFFICER & ANR.

2011 INSC 815Dismissed

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 …

M/S. DEWAN CHAND BUILDERS & CONTRACTORS.versusUNION OF INDIA & ORS.

2011 INSC 810Dismissed

The appellant, Dewan Chand Builders & Contractors, challenged the constitutional validity of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the accompanying Welfare Cess Act, arguing that the cess imposed on construction costs was a tax …

SUNIL KR. GHOSH & ORS.versusK. RAM CHANDRAN & ORS.

2011 INSC 811Appeal(s) allowed

The workers of Philips India Ltd. opposed the transfer of their factory to Kitchen Appliances India Ltd. and refused to join the new employer. After the Labour Department declined to refer their dispute to a tribunal, the workers filed a writ petition seeking retirement and retrenchment benefits. …

THE DIVISIONAL CONTROLLER, KSRTCversusM.G. VITTAL RAO

2011 INSC 809Disposed off

The employee of KSRTC was dismissed after a domestic enquiry found him guilty of theft, despite later being acquitted in a criminal trial. The Labour Court upheld the dismissal, and the High Court initially modified the order to termination with terminal benefits, later reinstating the employee with …

UMMU SABEENAversusSTATE OF KERALA & ORS.

2011 INSC 805Appeal(s) allowed

The Supreme Court examined the detention of several individuals under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, whose representations against detention were filed on 30 March 2011. The State Government forwarded these representations to the …

UNION OF INDIA & ANR.versusPRADIP KUMAR KEDIA ETC.

2011 INSC 806Appeal(s) allowed

The Union of India advertised vacancies for members of the Income‑Tax Appellate Tribunal (ITAT) and a Selection Board placed 18 candidates on a main list, of which 16 were approved for appointment by the Appointments Committee. Three candidates were placed on a wait‑list. The Committee decided that …

SHREENIDHI KUMAR & ORS.versusUNION OF INDIA & ORS.

2011 INSC 807Disposed off

The Bihar Department of Agriculture advertised 4,062 contract positions for Subject Matter Experts (SMEs) under a two‑year scheme, setting age limits of 37‑42 years, which were challenged as inconsistent with a 2007 State Resolution that prescribed a maximum age of 65 years for contract employment. …

AIR INDIA CABIN CREW ASSN. & ORS.versusUNION OF INDIA & ORS.

2011 INSC 808Dismissed

The Air India Cabin Crew Association challenged the management’s revised promotion policy and the government’s 2003 directive that equalised the retirement and flying ages of male Flight Pursers and female Air Hostesses. The petitioners argued that these changes violated earlier bilateral …

GULAB DAS & ORS.versusSTATE OF M.P.

2011 INSC 804Case Partly allowed

The case arose from a family dispute over a partition fence that led to a violent altercation in 1994, resulting in cross‑cases and convictions under IPC sections 307, 323 and 325 with accompanying fines. The appellants, who were related to the complainant, sought to have the offences compounded on …

S. LOGANATHANversusUNION OF INDIA AND ORS.

2011 INSC 803Dismissed

The appellant, a Junior Clerk, was charged under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and faced a departmental inquiry that initially proceeded ex‑parte. After the appellant objected, the inquiry was recalled and conducted de novo with his full …

LEELA HOTELS LTD.versusHOUSING & URBAN DEVELOPMENT CORPORATION LTD.

2011 INSC 800Appeal(s) allowed

Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels …

NATIONAL FERTILIZERS LTD.versusJAGGA SINGH (DECEASED) THROUGH L.RS.& ANR.

2011 INSC 801Dismissed

In 1983 the Punjab government acquired 29.68 acres of land in Bhatinda for employee housing of National Fertilizers Ltd (NFL) under the Land Acquisition Act, 1894. The landowners challenged the compensation awarded by the Land Acquisition Collector, leading the Additional District Judge to fix …

PRATAP SINGHversusSTATE OF U.P. & ANR.

2011 INSC 802Appeal(s) allowed

The appellant, a judicial officer, was not promoted to the substantive vacancy of the Uttar Pradesh Higher Judicial Service (UPHJS) and was reverted to Civil Judge (Senior Division) after the selection committee and the full court relied on adverse remarks in his Annual Confidential Report (ACR) …

POWERTECH WORLD WIDE LIMITEDversusDELVIN INTERNATIONAL GENERAL TRADING LLC

2011 INSC 799Case Allowed

Powertech World Wide Ltd., an Indian company, entered into a purchase contract with Delvin International General Trading LLC, a UAE company, which contained an arbitration clause stating that disputes would be settled amicably or through an arbitrator in India/UAE. After the respondent failed to pay …

SHIJI @ PAPPU AND ORS.versusRADHIKA AND ANR.

2011 INSC 797Appeal(s) allowed

The appellants were charged under Sections 354 and 394 IPC for an alleged assault and robbery arising from a land access dispute. While the criminal case was pending, the parties reached an amicable settlement, and the complainant withdrew support for the prosecution. The appellants filed a petition …

BIRBAL B. CHOUHAN & ANR. ETC. ETC.versusSTATE OF CHHATTISGARH ETC. ETC.

2011 INSC 798Disposed off

The appellants were charged under Sections 399 and 402 of the Indian Penal Code for assembling and preparing to commit dacoity on 10 February 1992. The prosecution proved that a group of armed men, including the appellants, attempted to stop two motorcyclists and were later seized by police with …

ABDUL REHMAN & ORS.versusK.M. ANEES-UL-HAQ

2011 INSC 795Appeal(s) allowed

Abdul Rehman and co‑accused filed a complaint with the Crime Against Women (CAW) Cell alleging that K.M. Anees‑ul‑Haq had demanded dowry, invoking sections 406 and 34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. In retaliation, the respondent lodged a complaint under sections 211, …

CITICORP. MARUTI FINANCE LTD.versusS. VIJAYALAXMI

2011 INSC 793Disposed off

The appellant Citicorp Maruti Finance Ltd. entered into a hire‑purchase agreement with the respondent for a Maruti Omni. After the respondent defaulted on monthly instalments, the bank repossessed the vehicle, informed police, and later auctioned it to a third party. The respondent filed a complaint …

PARMENDER KUMAR & ORS.versusSTATE OF HARYANA & ORS.

2011 INSC 794Disposed off

The appellants, members of the Haryana Civil Medical Services, applied for postgraduate medical courses under a reserved quota as per a university prospectus that required three years of regular service and a NOC issued before 6 April 2011. After the entrance exam, results and a merit list were …

H.G. RANGANGOUDversusM/S. STATE TRADING CORPORATION OF INDIA LIMITED & ORS.

2011 INSC 792Appeal(s) allowed

H.G. Rangangoud applied for a mining lease which was later reserved by the Central Government in favour of State Trading Corporation of India Ltd. The Karnataka High Court, through a single judge, quashed the reservation. Before filing an appeal, Rangangoud informed the State Government of the order …

MIS. ESSEL PROPACK LTD.versusCOMMISSIONER OF CENTRAL EXCISE, MUMBAI-ILL

2011 INSC 790Appeal(s) allowed

Mis Essel Propack Ltd. manufactured plastic tubes and fitted plastic caps supplied free of cost by its customer, Colgate, before the tubes left its factory. The Commissioner of Central Excise treated the value of the caps as part of the assessable value of the tubes and levied excise duty, penalty …

MRS. ANITA MALHOTRAversusAPPAREL EXPORT PROMOTION COUNCIL & ANR.

2011 INSC 789Appeal(s) allowed

Anita Malhotra, a former non‑executive director of Lapareil Exports (P) Ltd., resigned on 31‑08‑1998. In 2004 the company issued cheques that were later dishonoured, and the Apparel Export Promotion Council filed a complaint under Section 138 of the Negotiable Instruments Act, naming Malhotra as …

ASHIWIN S. MEHTA & ANR.versusUNION OF INDIA & ORS.

2011 INSC 786Case Partly allowed

The appellants, who together held over 90 lakh shares in Apollo Tyres, had their holdings attached under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The Custodian prepared a scheme for sale of the attached shares, which the Special Court approved, …

ANANDversusCOMMITTEE FOR SCRUTINY AND VERIFICATION OF TRIBE CLAIMS AND ORS.

2011 INSC 788Appeal(s) allowed

Anand, a field officer appointed on a Scheduled Tribe reservation, sought validation of his Halbi tribe status after his caste certificate was cancelled by the Caste Scrutiny Committee and upheld by the High Court. He had submitted numerous pre‑Independence school certificates and other documents …

PRITHIPAL SINGH ETCversusSTATE OF PUNJAB & ANR. ETC.

2011 INSC 784Dismissed

The Supreme Court considered appeals by five police officials convicted for the abduction, illegal detention and murder of human‑rights activist Jaswant Singh Khalra. The trial court and High Court had found the appellants guilty based on the testimony of several witnesses, including an accomplice, …

J & K HOUSING BOARD & ANR.versusKUNWAR SANJAY KRISHAN KAUL & ORS.

2011 INSC 785Dismissed

The J&K Housing Board sought to acquire 181 kanals of land for a housing colony, issuing a Section 4 notification in two newspapers but only one in the regional language as required by the Jammu and Kashmir Land Acquisition Act, 1990. The landowners challenged the acquisition, and the High Court …

UNION OF INDIA AND ORS.versusM/S NITDIP TEXTILE PROCESSORS PVT. LTD. AND ANOTHER

2011 INSC 782Appeal(s) allowed

The respondents, manufacturers of textile fabrics, were found to have cleared goods without paying excise duty and were served a show‑cause notice on 6 January 1999. They sought relief under the Kar Vivad Samadhan Scheme, 1998, which allowed settlement of tax arrears quantified or notified on or …

POONAM & OTHERSversusHARISH KUMAR AND ANOTHER

2011 INSC 783Appeal(s) allowed

The sisters Poonam, et al., filed a civil suit for declaration of title and injunction against their brother, which was dismissed by the trial court. They appealed the decree but filed the appeal 63 days late, seeking condonation of delay, citing illness of one sister and negligence of counsel. The …

RAMJI VEERJI PATEL & ORS.versusREVENUE DIVISIONAL OFFICER & ORS.

2011 INSC 780Dismissed

The appellants owned 1.45 acres of land on which they had raised the level, built a structure and operated a saw‑mill that was their sole livelihood. The Tamil Nadu Government, acting on a requisition by Cholan Roadways Corporation Ltd., issued a notification under Section 4(1) of the Land …

DURGA CHARAN RAUTRAYversusSTATE OF ORISSA & ANR.

2011 INSC 779Appeal(s) allowed

Durga Charan Rautray, a contractor, completed a dam construction project for the State of Orissa but later claimed additional payments for price escalation, material supply, royalty refund and interest. The parties' contract contained an arbitration clause (clause 23) and the disputes were referred …

SURINDER KUMARversusSTATE OF HARYANA

2011 INSC 777Appeal(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 …

RANBAXY LABORATORIES LTD.versusUNION OF INDIA AND ORS.

2011 INSC 776Disposed 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 …

JASWANT SINGHversusGURDEV SINGH & ORS.

2011 INSC 778Dismissed

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 …

PANCHOversusSTATE OF HARYANA

2011 INSC 773Appeal(s) allowed

The Supreme Court examined the convictions of three accused (A1‑Pratham, A2‑Pancho and A3‑Gajraj) for murder and robbery of a tractor owner. The prosecution’s case hinged on an extra‑judicial confession made by A1, five months after the incident, to a villager with no close relationship, and on the …

THE COMMANDANT, 22 BATTALION, CRPF SRINAGAR, C/O 56/APO & ORS.versusSURINDER KUMAR

2011 INSC 774Appeal(s) allowed

A constable of the Central Reserve Police Force (CRPF) left his patrol without permission, consumed alcohol on duty, and threatened his superior with a rifle. He was convicted under Section 10(n) of the Central Reserve Police Force Act, 1949 and sentenced to imprisonment till the rising of the …

UNION OF INDIA & ANR.versusM/S DEEPAK ELECTRIC & TRADING COMPANY & ANR.

2011 INSC 775Appeal(s) allowed

The Union of India and another appealed against a High Court order that held its objections to an arbitral award were time‑barred. The award was filed on 17‑06‑1996 and a notice of filing was served on the Union of India, but not on the Executive Engineer, who was responsible for the Union’s affairs …

THE EXECUTIVE ENGINEER AND ANR.versusM/S SRI SEETARAM RICE MILL

2011 INSC 772Appeal(s) allowed

The case concerned a rice mill that consumed electricity beyond its contracted load, leading the Executive Engineer to issue a provisional assessment under Section 126 of the Electricity Act, 2003. The mill challenged the assessment and the accompanying notice of "unauthorised use" before the High …

ASHOK KUMAR LINGALAversusSTATE OF KARNATAKA & ORS.

2011 INSC 771Appeal(s) allowed

The appellant, Ashok Kumar Lingala, obtained a mining lease over land recorded as private patta land, while respondent No.3 (SIMORE) held a lease over adjoining government and forest land. The Director of Mines restrained the appellant’s mining activities on the ground of alleged overlapping, …

COMMISSIONER OF CUSTOMS, VISHAKHAPATNAMversusM/S AGGARWAL INDUSTRIES LTD.

2011 INSC 769Dismissed

Aggarwal Industries Ltd. imported 500 metric tons of crude sunflower seed oil under a contract dated 26 June 2001 at US$435 per metric ton, but shipment was delayed until 5 August 2001. The Customs authority rejected the contract price as the transaction value, arguing that the international market …

PRINCL. CHIEF CONSERVATOR OF FOREST & ANR.versusJ.K. JOHNSON & ORS.

2011 INSC 770Disposed off

The case concerned a seizure of a jeep, rifles and wildlife by police under the Wild Life (Protection) Act, 1972. The accused offered to compound the offence under Section 54(1) and the Conservator of Forests ordered forfeiture of the seized items. The appellants appealed, arguing that the amendment …

M/S. GRASIM INDUSTRIES LTD.versusUNION OF INDIA

2011 INSC 761Appeal(s) allowed

Grasim Industries, a manufacturer of white cement, repaired its plant machinery between 1995 and 1999, generating metal scrap and iron waste. The revenue authorities demanded excise duty and penalties on the scrap, treating it as an excisable good under the Central Excise Act. The Tribunal held that …

THE STATE OF WEST BENGAL AND OTHERSversusSK. NAZRUL ISLAM

2011 INSC 762Appeal(s) allowed

The West Bengal Police recruited constables and placed the respondent on the provisional select list. He was medically fit and submitted a verification roll stating he had never been arrested, but an enquiry revealed his involvement in a criminal case under IPC sections 148, 323, 380, 448, 427 and …

COLLECTOR, BILASPURversusAJIT P. K. JOGI & ORS.

2011 INSC 763Case Partly allowed

The case concerned a complaint before the National Commission for Scheduled Castes and Scheduled Tribes that Ajit P.K. Jogi had fraudulently obtained Scheduled Tribe certificates and contested elections from reserved constituencies. The Commission held a hearing, recorded a finding that Jogi’s …

DR. T. VARGHESE GEORGEversusKORA K. GEORGE & ORS.

2011 INSC 764Dismissed

The case concerned the T. Thomas Educational Trust, founded by a Christian philanthropist to run schools and a college. After the founder's death, allegations of mis‑management by his widow led three interested persons to file a suit under Section 92(1)(g) of the Code of Civil Procedure seeking a …

TRILOK SUDHIRBHAI PANDYAversusUNION OF INDIA & ORS.

2011 INSC 765Appeal(s) allowed

The appellants, land owners, challenged the appointment of Shri V.I. Gohil as the Competent Authority under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, arguing that his salary, allowances, accommodation and transport were paid by the private gas‑pipeline …

RAIWAD MANOJKUMAR NIVRUTTIRAOversusSTATE OF MAHARASHTRA & ANR.

2011 INSC 767Case Partly allowed

The appellant, a clerk in NABARD, was issued a caste certificate by a Tehsildar stating he belonged to the 'Koli Mahadeo' tribe, which was then recognized as a Scheduled Tribe in Maharashtra. After his appointment to a reserved ST vacancy in 1992, the bank’s Caste Scrutiny Committee later concluded …

TRAMBAKESHWAR DEVASTHAN TRUST AND ANR.versusPRESIDENT, PUROHIT SANGH AND ORS.

2011 INSC 768Disposed off

The Trambakeshwar Devasthan Trust, a public trust under the Bombay Public Trusts Act, 1950, challenged the High Court's order that the Board of Trustees of the Trimbakeshwar temple should include representatives of the Tungars, Purohits and Pujaris. The appellants argued that these groups have a …

UNITED INDIA INSURANCE CO. LTD.versusSHILA DATTA & ORS.

2011 INSC 759Reference answered

The Supreme Court examined whether a motor insurer can challenge a Motor Accident Claims Tribunal award on the quantum of compensation and whether it may join the vehicle owner in an appeal. The Court held that when an insurer is impleaded as a party‑respondent, it may contest the claim on any …

SANJEEV KUMAR JAINversusRAGHUBIR SARAN CHARITABLE TRUST & ORS.

2011 INSC 755Disposed off

The appellant Sanjeev Kumar Jain appealed against a Delhi High Court order that awarded the respondents Rs 45,28,000 as costs in an appeal concerning a vacated interim injunction. The Supreme Court examined whether the High Court could award such a sum, given the provisions of Section 35 of the Code …

SHRI GIRISH VYAS & ANR. .versusTHE STATE OF MAHARASHTRA & ORS.

2011 INSC 756Disposed off

The case concerned a 3,450‑sq‑metre plot (FP No.110) in Pune that was originally reserved for a garden and later for a primary school under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the land was acquired, the developer, who was the son‑in‑law of the then Chief Minister, …

SWAMI VIVEKANAND COLLEGE OF EDUCATION & ORS.versusUNION OF INDIA & ORS.

2011 INSC 752Dismissed

The appellants, institutions recognised by the National Council for Teacher Education (NCTE) and offering B.Ed. courses, were granted additional intake without NAAC accreditation. The NCTE later issued Regulations 8(4) and 8(5) requiring NAAC accreditation with a Letter Grade B for such …

GANDURI KOTESHWARAMMA & ANR.versusCHAKIRI YANADI & ANR.

2011 INSC 757Appeal(s) allowed

A suit for partition of a Mitakshara coparcenary property was filed by a son (respondent No.1) against his father, brother and two sisters (the appellants). The trial court passed a preliminary decree in 1999, amended in 2003, determining the parties' shares, but a final decree had not been …

PHULCHAND EXPORTS LTDversusO.O.O. PATRIOT

2011 INSC 753Dismissed

Phulchand Exports Ltd. (seller) shipped 1,000 metric tons of rice to 000 Patriot (buyer) under a CIF contract but delayed shipment by 16 days and loaded the goods on a vessel that was not bound for the agreed destination, causing the cargo to be lost. The buyer invoked a reimbursement clause in the …

SIEMENS LTD. & ANOTHERversusSIEMENS EMPLOYEES UNION & ANOTHER

2011 INSC 754Appeal(s) allowed

Siemens Ltd. issued a 2007 notification inviting workmen to apply for a two‑year Officer Trainee programme, after which successful candidates would be designated as Junior Executive Officers. The Siemens Employees Union alleged that this scheme violated clause 7 of a 1982 settlement (prohibiting …

THE STATE OF WEST BENGAL & ORS.versusMANI BHUSHAN KUMAR

2011 INSC 746Appeal(s) allowed

The State Transport Authority of Bihar issued a temporary stage‑carriage permit for a vehicle to ply from Motihari (Bihar) to Siliguri (West Bengal) without the required counter‑signature of the West Bengal State Transport Authority. The vehicle was seized by the Motor Vehicle Department in Siliguri …

FEE REGULATORY COMMITTEEversusKALOL INSTITUTE OF MANAGEMENT, ETC

2011 INSC 749Appeal(s) allowed

The Fee Regulatory Committee (FRC) had fixed fee structures for unaided professional colleges in Gujarat for the academic years 2008-2009, 2009-2010 and 2010-2011. Private colleges sought revision of those fees, arguing that higher staff salaries under the Sixth Pay Commission increased their costs. …

DELHI ADMINISTRATION THROUGH ITS SECRETARYversusUMRAO SINGH

2011 INSC 750Appeal(s) allowed

The respondents, whose lands were acquired for planned development of Delhi, applied for alternative plots under the 1961 Scheme but were rejected because they had purchased the land within five years of the acquisition notification. They challenged the rejection, arguing that the 1961 Scheme had …

SURAJ LAMP & INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ANR.

2011 INSC 739Disposed off

The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to …

MALTHESH GUDDA POOJAversusSTATE OF KARNATAKA & ORS.

2011 INSC 751Appeal(s) allowed

The appellant challenged a notification and the handling of a review petition concerning a writ appeal that had been dismissed by a Division Bench of the Karnataka High Court. The review petition was heard by a different Division Bench under a 29‑December‑2008 notification and was allowed on 17 …

DEEPAK VERMAversusSTATE OF HIMACHAL PRADESH

2011 INSC 743Dismissed

The case involved the murder of Kamini Verma and her uncle Rakesh Kumar by accused Dheeraj Verma and Deepak Verma, who allegedly fired a double‑barrel gun after a rejected marriage proposal. The prosecution relied on the victim’s dying declaration, corroborated by three eyewitnesses, and on evidence …

R. VIJAYANversusBABY AND ANR.

2011 INSC 745Dismissed

The appellant R. Vijayan filed a complaint under Section 138 of the Negotiable Instruments Act after a Rs.20,000 cheque issued by the first respondent was dishonoured. The First Class Magistrate convicted the respondent, imposing a fine of Rs.2,000 and directing payment of Rs.20,000 as compensation, …

GOA HOUSING BOARDversusRAMESHCHANDRA GOVIND PAWASKAR & ANR.

2011 INSC 738Disposed off

The Supreme Court examined the compensation payable for land acquired from a tenant who held the land under the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The land was subject to a statutory prohibition under Section 2 of the Goa Land Use (Regulation) Act, 1991, which barred any …

D. ETHIRAJversusSECRETARY TO GOVT. & ORS.

2011 INSC 740Appeal(s) allowed

D. Ethiraj was convicted under IPC sections 366, 109 and 119 and sentenced to three years rigorous imprisonment. He sought remission under Tamil Nadu Government Order No. 279 dated 23‑02‑1992, which provides six months remission for male prisoners. The Madras High Court rejected his application on …

SANCHIT BANSAL &. ANR.versusTHE JOINT ADMISSION BOARD (JAB) & ORS.

2011 INSC 741Dismissed

The appellants, Sanchit Bansal and another, challenged the Joint Admission Board's (JAB) method of fixing cut‑off marks for the IIT‑JEE 2006, alleging that the procedure was arbitrary, capricious and motivated by personal enmity, which led to the first appellant's disqualification despite a high …

DAYARAMversusSUDHIR BATHAM & ORS.

2011 INSC 737Disposed off

The case concerned the validity of the fifteen directions issued by the Supreme Court in Kumari Madhuri Patil for verification of caste certificates and the procedural rights of parties challenging the orders of the State Level Screening Committee. Dayaram, the President of the Scheduled Caste …

PUSHPA KUMARI & ORS.versusTHE STATE OF BIHAR & ORS.

2011 INSC 742Appeal(s) allowed

The appellants, who had completed primary teacher‑training courses at a women’s college between 1988 and 1995, sought to appear for the teachers‑training examination conducted by the Bihar School Examination Board. The Board refused to issue examination forms, and the High Court dismissed the …

MOHD. IMRAN KHANversusSTATE (GOVT. OF NCT OF DELHI)

2011 INSC 736Dismissed

The Supreme Court examined appeals by Mohd. Imran Khan and Jamal Ahmed against their conviction for rape under Section 376 IPC. The Court held that the prosecutrix, Monika, was a minor (under 16) at the time of the offence, based on her birth certificate and the acknowledged margin of error in …

SHAM @ KISHOR BHASKARRAO MATKARIversusTHE STATE OF MAHARASHTRA

2011 INSC 732Case 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, …

STATE OF RAJASTHAN & ORS .versusSHANKAR LAL PARMAR

2011 INSC 733Appeal(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 …

UNION OF INDIAversusHASSAN ALI KHAN AND ANR.

2011 INSC 734Appeal(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 …

DNYANESHWAR RANGANATH BHANDARE & ANR.versusSADHU DADU SHETTIGAR (SHETTY) & ANR.

2011 INSC 730Appeal(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 …

STATE OF HARYANAversusMUKESH KUMAR & ORS.

2011 INSC 731Dismissed

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, …

OM PRAKASH & ANR.versusUNION OF INDIA & ANR.

2011 INSC 728Disposed 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 …

PANKAJ MAHAJANversusDIMPLE @ KAJAL

2011 INSC 735Appeal(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 …

CHATTERJEE PETROCHEM (I) PVT. LTD.versusHALDIA PETROCHEMICALS LTD. & ORS.

2011 INSC 729Dismissed

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 …

M/S NTPC LTD.versusM.P. STATE ELECTRICITY BOARD & ORS.

2011 INSC 724Disposed 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 …

STATE OF MADHYA PRADESHversusNARMADA BACHAO ANDOLAN & ANR.

2011 INSC 723Disposed 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, …

JAMALUDDINversusSTATE OF JAMMU & KASHMIR AND ORS.

2011 INSC 725Dismissed

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 …

M/S. ROYAL ORCHID HOTELS LIMITED AND ANOTHERversusG. JAYARAM REDDY AND ORS.

2011 INSC 726Dismissed

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 …

UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCEversusRABINDER SINGH

2011 INSC 727

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 …

NASIB HUSSAIN SIDDI AND ORS.versusSTATE OF GUJARAT

2011 INSC 719Appeal(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 …

BALJINDER SINGH @ BITTUversusSTATE OF PUNJAB

2011 INSC 720Appeal(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 …

BEDANGA TALUKDARversusSAIFUDAULLAH KHAN & ORS.

2011 INSC 721Appeal(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 …

RAJESH KUMARversusSTATE THROUGH GOVT. OF NCT OF DELHI-II

2011 INSC 722Disposed 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 …

STATE OF HIMACHAL PRADESHversusUNION OF INDIA & ORS.

2011 INSC 717Hearing 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 …

SMT. HAR DEVI ASNANIversusSTATE OF RAJASTHAN & OTHERS

2011 INSC 718Disposed 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 …

ULTRA TECH CEMENT LTD.versusSTATE OF MAHARASHTRA & ANR.

2011 INSC 715Appeal(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 …

M/S THERMAX LTD. & ORS.versusK.M. JOHNY & ORS.

2011 INSC 716

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 …

M/S L.N. GADODIA & SONS & ANR.versusREGIONAL PROVIDENT FUND COMMISSIONER

2011 INSC 712Dismissed

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 …

LALIT KUMAR MODIversusBOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.

2011 INSC 711Dismissed

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 …

K. BALARAMA RAJUversusCH. V. SUBRAMANYA SARMA & ORS.

2011 INSC 713

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 …

SUPREME COURT BAR ASSOCIATION AND OTHERSversusB.D. KAUSHIK

2011 INSC 714Disposed 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 …

DINBANDHUversusSTATE OF BIHAR & ANR.

2011 INSC 705Appeal(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 …

RAM JETHMALANI & ORS.versusUNION OF INDIA & ORS

2011 INSC 707Matter 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 …

AB. BHASKARA RAOversusINSPECTOR OF POLICE, CBI VISAKHAPATNAM

2011 INSC 708Dismissed

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 …

SADHWI PRAGYNA SINGH THAKURversusSTATE. OF MAHARASHTRA

2011 INSC 706Dismissed

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 …

STATE OF U.P. & ORS.versusM/S MOHAN MEAKIN BREWERIES LTD. & ANR.

2011 INSC 710Disposed 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 …

KANWAR SINGH SAINIversusHIGH COURT OF DELHI

2011 INSC 709Appeal(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 …

PARASAMAYA KOLERINATHA MADAM, TIRUNELVELIversusP. NATESA ACHARI & ORS.

2011 INSC 702Appeal(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 …

GAJRAJversusSTATE (NCT) OF DELHI

2011 INSC 704Dismissed

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 …

HIGH COURT OF JUDICATURE, PATNAversusSHIVESHWAR NARAYAN AND ANR.

2011 INSC 703Disposed 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 …

PANCHMAHAL VADODARA GRAMIN BANK & ORS.versusD.M. PARMAR

2011 INSC 701Disposed 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 …

HARESH MOHANDAS RAJPUTversusSTATE OF MAHARASHTRA

2011 INSC 700Disposed off

The appellant, Haresh Mohandas Rajput, was accused of raping and murdering 10‑year‑old Pooja, whose body was discovered under a cot in his house with blood‑stained sheets and forensic evidence of sexual assault and strangulation. The prosecution relied solely on circumstantial evidence, including …

SHIVLAL & ANR.versusSTATE OF CHHATTISGARH

2011 INSC 694Appeal(s) allowed

Fifteen persons were charged with the murder of Shankar Satnami. The sole eye‑witness, the victim's wife (PW‑9), was illiterate and her testimony was found to contain contradictions and improvements. The police recorded only a "Dehati Nalish" instead of a formal FIR, failed to send a copy of the FIR …

STATE OF M.P. & ORS.versusPREMLAL SHRIVAS

2011 INSC 695Appeal(s) allowed

The respondent, a police constable appointed in 1965, discovered that his date of birth recorded in his service book (1 June 1942) was incorrect and applied in 1990, after 25 years of service, for its correction to 30 June 1945. The employer rejected the request, the Administrative Tribunal …

D.M. NAGARAJAversusTHE GOVERNMENT OF KARNATAKA & ORS.

2011 INSC 696Dismissed

The appellant, D.M. Nagajara, a habitual offender involved in multiple serious crimes, was detained under Section 3 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985. He challenged the …

MACHAVARAPU SRINIVASA RAO AND ANOTHERversusANDHRA PRADESH URBAN AREAS

2011 INSC 698Appeal(s) allowed

The appellants challenged the Vijayawada, Guntur, Tenali and Mangalagiri Urban Development Authority's (UDA) permission to construct a temple on a 75‑cent parcel of land that the Zonal Development Plan had earmarked for recreational use. The High Court had refused to quash the UDA's order, treating …

REGISTRAR GEN., HIGH COURT OF JUDICATURE AT MADRASversusR. PERACHI & ORS.

2011 INSC 699Appeal(s) allowed

The respondent, a Sheristadar in the Tamil Nadu State Judicial Ministerial Service, was transferred from Thoothukudi to Ramanathapuram on administrative grounds following a vigilance report and a district judge’s opinion that his retention was undesirable. He later claimed the transfer was punitive …

BANATWALA & COMPANYversusL.L.C. OF INDIA & ANR.

2011 INSC 697Appeal(s) allowed

The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents …

RAKESH & ANOTHERversusSTATE OF MADHYA PRADESH

2011 INSC 693Dismissed

The Supreme Court examined the murder of Kailash (Killu) on 5 March 1996, for which Rakesh, Rajesh and Dinesh were convicted under Section 302 IPC. The appellants challenged the conviction on two grounds: that the eye‑witness testimony of the victim’s nephew (PW‑11) conflicted with the post‑mortem …

ABDUL GHAFOOR & ANR.versusSTATE OF BIHAR

2011 INSC 691Disposed off

Abdul Ghafoor and another were convicted under Sections 323, 447 and 452 of the Indian Penal Code and sentenced to two years rigorous imprisonment, with other sentences running concurrently. Their appeal was dismissed and they filed a criminal revision petition more than fifteen months after …

BUDHADEV KARMASKARversusSTATE OF WEST BENGAL

2011 INSC 687Hearing Adjourned

The case originated as a criminal appeal (Budhadev Karmaskar v. State of West Bengal) in which the Supreme Court dismissed the appeal and upheld the conviction, but subsequently converted the matter into a suo motu public interest litigation concerning the rights of sex workers. The Court had …

JAIPUR VIKAS PRADHIKARANversusSRI ASHOK KUMAR CHOUDHARY & ORS.

2011 INSC 688Disposed off

Jaipur Vikas Pradhikaran engaged Advocate No.1 on a retainer to defend its land‑acquisition cases. The advocate also appeared for his sister (the wife of Advocate No.3) in the same reference case, thereby creating a conflict of interest which he failed to disclose. He did not file the required …

ANIL GILURKERversusBILASPUR RAIPUR KSHETRIA GRAMIN BANK & ANR.

2011 INSC 690Appeal(s) allowed

The appellant, a branch manager of Bilaspur Raipur Kshetriya Gramin Bank, was charged with sanctioning and distributing loans to brick manufacturers but allegedly misappropriating part of the amounts. The charge‑sheet dated 31‑01‑1989 contained only vague allegations without naming borrowers, loan …

M/S. DELHI INTERNATIONAL AIRPORT PVT. LTD.versusUNION OF INDIA & ORS.

2011 INSC 686Disposed off

The case concerned 136 contract workers who had been employed as trolley retrievers at Delhi airports and sought regularisation after the Central Government’s 2004 notification under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRAA) prohibited such contract labour in the Airports …

TRANS MEDITERRANEAN AIRWAYSversusM/S UNIVERSAL EXPORTS & ANR.

2011 INSC 689Dismissed

The case concerned a complaint by Universal Exports (the consignor) that Trans Mediterranean Airways, an international cargo carrier, misdelivered a consignment intended for Barclays Bank, Madrid, delivering it instead to M/s Liwe Espanola. The consignor sought compensation under the Consumer …

STATE OF WEST BENGAL AND ORS.versusDEBASISH MUKHERJEE AND ORS.

2011 INSC 684Disposed off

The case concerned a group of senior Lower Division Assistants (LDAs) who sought to have their pay stepped up to match that of a junior employee, Gopinath Dey, invoking West Bengal Service Rule 55(4). The Court found that Dey had been erroneously granted a higher pay scale and that the two …

MAHESH & ANR.versusSTATE OF MADHYA PRADESH

2011 INSC 679Dismissed

The case involved the murder of Kirori, where Mahesh and Kanhaiyalal were initially acquitted by the trial court but later convicted by the High Court under Section 302 read with Section 34 of the IPC. The appellants argued that the FIR did not mention their role, that eyewitness statements were …

A. SRIDHARversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2011 INSC 680Dismissed

A. Sridhar, while riding a motorcycle with a pillion rider, met with an accident on 14 January 1998 due to an oil spill on the road, sustaining grievous injuries. He filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking Rs. 6,00,000 as compensation, and the Motor Accident Claims …

D. SAMPATHversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2011 INSC 681Case Partly allowed

A pillion rider of a motorcycle insured by United India Insurance suffered injuries in an accident caused by an oil spill. A medical doctor certified that the rider had a 75% disability, and the Motor Accident Claims Tribunal awarded compensation of Rs. 3,50,000. The High Court enhanced the …

AJITSINGH HARNAMSINGH GUJRALversusSTATE OF MAHARASHTRA

2011 INSC 677Dismissed

Ajitsingh Harnamsingh Gujral was convicted of murdering his wife and three children by dousing them with petrol and setting them alight. The trial court and the Bombay High Court sentenced him to death. On appeal, the Supreme Court examined the circumstantial evidence, including the accused's last …

SANTOSH KUMARIversusSTATE OF J & K & OTHERS

2011 INSC 678Disposed off

The appellant, Santosh Kumari, widow of a murder victim, challenged the High Court's orders that set aside the trial court's charge and granted interim bail to the accused. The Supreme Court examined whether the charge, which listed only the relevant sections of the Ranbir Penal Code without a …

STATE OF WEST BENGALversusHOWRAH GANATANTRIK NAGARIK SAMITY & ORS.

2011 INSC 676Appeal(s) allowed

The Supreme Court examined a public interest litigation filed to protect the Victoria Memorial Hall and its green surroundings from pollution caused by a bus terminus at Esplanade. The Calcutta High Court had ordered the relocation of the bus terminus within six months based on a NEERI report that …

UNION OF INDIA & ORS.versusBODUPALLI GOPALASWAMI

2011 INSC 672Disposed off

The Commandant of 227 Company ASC (Supply) was dismissed by a General Court Martial (GCM) and his pension was forfeited by order of the President under Regulation 16(a) of the Army Pension Regulations. The Punjab & Haryana High Court quashed the pension forfeiture, prompting appeals by the Union of …

JAKIA NASIM AHESAN & ANR.versusSTATE OF GUJARAT & ORS.

2011 INSC 671Disposed off

The appellant, whose husband was killed in the 2002 Gulberg Society riots, filed a writ petition under Article 226 and Section 482 CrPC seeking registration of a private complaint as an FIR and investigation by an independent agency. The High Court dismissed the petition, directing the appellant to …

FRIENDS OF VICTORIA MEMORIALversusHOWRAH GANATANTRIK NAGARIK SAMITY & ORS.

2011 INSC 673Dismissed

The case concerned a public interest litigation filed to protect the Victoria Memorial Hall and its green surroundings in Kolkata. The Calcutta High Court had ordered a total ban on parking of vehicles around the monument for 24 hours a day, based on expert committee findings that parking …

RAJENDRA SINGH VERMA (DEAD) THROUGH LRSversusLT. GOVERNOR OF NCT OF DELHI & ANR.

2011 INSC 674Dismissed

The Supreme Court considered three appeals challenging the compulsory retirement of two Delhi Higher Judicial Service officers and one Delhi Judicial Service officer. The appellants argued that their cases could not be reconsidered before reaching the age of 55 after an earlier screening at age 50, …

SHRI AMBYA KALYA MHATRE (D) THROUGH LEGAL HEIRS & ORS.versusTHE STATE OF MAHARASHTRA

2011 INSC 670Appeal(s) allowed

The appellants, heirs of Ambya Kalya Mhatre, owned land acquired for the New Bombay project and were awarded compensation by the Special Land Acquisition Officer. Dissatisfied, they applied under section 18 of the Land Acquisition Act, 1894 for a reference to the civil court, initially seeking only …

PEPSICO INDIA HOLDING PVT. LTD.versusSTATE OF MAHARASHTRA & ORS.

2011 INSC 675Dismissed

PepsiCo India Holding Pvt. Ltd. challenged the levy of increased water charges by the Maharashtra Industrial Development Corporation (MIDC) on the ground that the rates, notified in 2001, were being imposed retrospectively and violated the water‑supply agreement and the equality clause of the …

RAGHUVANSH DEWANCHAND BHASINversusSTATE OF MAHARASHTRA & ANR.

2011 INSC 668Dismissed

The appellant, a practising advocate, was charged under IPC s.324. After failing to appear on 7 August 2002, the Additional Chief Metropolitan Magistrate issued a non‑bailable warrant (NBW) returnable on 31 October 2002. The appellant appeared on 12 August and the warrant was cancelled, but on 15 …

G. REDDEIAHversusTHE GOVERNMENT OF ANDHRA PRADESH & ANR.

2011 INSC 669Dismissed

The appellant, G. Reddeiah, brother‑in‑law of R. Sreenivasulu, challenged a preventive detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, which was passed on 12 November 2010 after the detenue had been released on bail. The detenue was alleged to have …

KHATRI HOTELS PRIVATE LIMITED AND ANOTHERversusUNION OF INDIA AND ANOTHER

2011 INSC 667Dismissed

The appellants, Khatri Hotels Private Ltd. and another, claimed title and sought an injunction over land they alleged to have purchased. The land had been urbanised under the Delhi Municipal Corporation Act, 1957 and transferred to the Delhi Development Authority (DOA) by notification under the …

MOHD. SALMANversusCOMMITTEE OF MANAGEMENT & ORS.

2011 INSC 661Dismissed

The appellant was appointed as an Assistant Teacher on a one‑year probationary basis, which was subsequently extended twice. His performance was repeatedly found unsatisfactory, and he was terminated under Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali. The …

BIHAR STATE ELECTRICITY BOARD & ANR.versusRAM DEO PRASAD SINGH & ORS.

2011 INSC 663Appeal(s) allowed

The respondents, former security guards of the Patratu Thermal Power Station, were dismissed in 1975 and filed a civil suit in Patna in 1979 seeking reinstatement, which the trial court allowed. The Bihar State Electricity Board appealed, and the appeal was heard by the Additional District Judge, …

OM PRAKASHversusSTATE OF PUNJAB AND ORS.

2011 INSC 664Dismissed

The appellant, a Head Constable of Punjab Police, was dismissed for being absent without leave for 39 days in 1984. He challenged the dismissal in a civil suit, arguing that the later regularisation of his leave nullified the charge of unauthorized absence and that procedural defects—failure to …

MARABASAPPA (D) BY LRS. & ORS.versusNINGAPPA (D) BY LRS. & ORS.

2011 INSC 665Appeal(s) allowed

The dispute concerned lands acquired by Parwatevva, a Hindu woman, after her marriage. The plaintiffs alleged that all the properties were joint Hindu family assets and sought a one‑third share for each son, while the defendants contended that the lands were Parwatevva's self‑acquired or stridhana …

ALUVA SUGAR AGENCYversusSTATE OF KERALA

2011 INSC 657Appeal(s) allowed

Aluva Sugar Agency sold bakery margarine and argued that it should attract the concessional 4% tax rate under Entry 17A of the Kerala General Sales Tax Act, 1963, on the ground that margarine is an edible oil. The Sales Tax Officer and the Kerala High Court held that margarine fell under Entry 90 of …

COMMNR. OF CENTRAL EXCISE, NOIDAversusMIS. KITPLY INDUSTRIES LTD.

2011 INSC 658Appeal(s) allowed

The Central Excise Department appealed against Kitply Industries Ltd., contending that its laminated particle board and laminated medium density fibre board should be classified under sub‑headings 4406.90/4407.90 of Chapter 44.06/44.07 of the Central Excise Tariff Act, 1985. The respondent argued …

KUSHAL KUMAR GUPTA AND ANR.versusMALA GUPTA

2011 INSC 659Dismissed

Mala Gupta filed a criminal complaint under Sections 406 and 498A IPC against her parents‑in‑law before the Judicial Magistrate, Patiala. The magistrate issued process, prompting the petitioners to seek a revision and later a quashing of the proceedings under Section 482 CrPC, arguing that the …

ARSHAD JAMILversusSTATE OF UTIARAKHAND & ORS.

2011 INSC 660Disposed off

Arshad Jamil, a civil judge appointed to a reserved OBC post in Uttarakhand, obtained a caste certificate claiming ordinary residence in Roorkee. Evidence showed he was a permanent resident of Muzaffarnagar, Uttar Pradesh, with electoral rolls, ration card, and bar enrollment supporting this. The …

GOVT. OF A. P. & ORS.versusSRI SEVADAS VIDYAMANDIR HIGH SCHOOL & ORS.

2011 INSC 653Dismissed

The Supreme Court examined whether a 20 October 2004 Government Memo that banned filling vacant grant‑in‑aid teaching posts in private aided schools could be applied retrospectively to recruitment processes that had already been initiated with prior permission. The Court held that the Memo was …

SANJAY KUMAR SINGHversusUNION OF INDIA & ORS.

2011 INSC 654Dismissed

Four CRPF personnel survived an ambush on 13 March 1999 in which five members of their escort vehicle were killed. They were charged with disobedience of orders, gross misconduct and cowardice, and a departmental inquiry found them guilty, leading to their dismissal. The appellants challenged the …

AJAY KUMAR DASversusSTATE OF JHARKHAND & ANR.

2011 INSC 655Dismissed

The appellant, Ajay Kumar Das, was charged under IPC 304B (dowry death) read with s.34 for the death of his wife, who was allegedly pushed into a well by her parents‑in‑law after a telephone conversation with the appellant. The FIR implicated the parents‑in‑law and the appellant, and a charge‑sheet …

BHARAT SANCHAR NIGAM LTD.versusR. SANTHAKUMARI VELUSAMY & ORS.

2011 INSC 656Appeal(s) allowed

The Supreme Court examined whether the Biennial Cadre Review (BCR) scheme of the telecom department, which upgraded the pay scale of the senior 10% of Grade III employees without creating new posts, attracted reservation provisions under Articles 16(4) and 16(4A) of the Constitution. The Court …

SAMAR BAHADUR SINGHversusSTATE OF U.P. & ORS.

2011 INSC 647Dismissed

The appellant, a constable in the Provincial Armed Constabulary, was found absent without permission and later forcibly seized a bottle of liquor from a wine shop while under the influence of alcohol. He was charged in a criminal case under Section 392 of the Indian Penal Code, but was acquitted. …

MIG CRICKET CLUBversusABHINAV SAHAKAR EDUCATION SOCIETY AND ORS.

2011 INSC 648Disposed off

The case concerned a dispute over the user of a 7,224‑sq‑yd plot in Mumbai leased to Abhinav Sahakar Education Society for a school, which the Municipal Corporation had originally earmarked as a playground in the draft development plan. The State Government later modified the plan, first by a 1985 …

UNION OF INDIA & ORSversusJ.D. SURYAVANSHI

2011 INSC 649Appeal(s) allowed

The Madhya Pradesh High Court, hearing a public‑interest litigation filed by J.D. Suryavanshi, issued a series of interim orders directing the Indian Railways to add coaches, alter train timings and introduce new services on specific routes. The Railways complied with some directions but informed …

HIGH COURT OF JUDICATURE AT PATNAversusMADAN MOHAN PRASAD & ORS.

2011 INSC 652Disposed off

The respondent, a former Munsif in the Bihar State Judicial Service, was dismissed, reinstated, and later suspended, after which he was posted as an Additional Munsif. He repeatedly sought promotion to higher judicial posts on the basis that his juniors had been promoted between 1971 and 1978, …

MRINAL DAS & ORS.versusTHE STATE OF TRIPURA

2011 INSC 650Dismissed

The case involved the murder of Tapan Chakraborty on 31 August 2000, for which thirteen persons were charged. One accused, Ratan Sukladas (A‑12), applied for and was granted pardon, becoming an approver whose testimony formed the core of the prosecution's case. The trial court convicted only two …