Judgments of 2012

The landlords, trustees of a trust, sued the tenant for eviction under Section 13(1)(b) of the West Bengal Premises Tenancy Act, 1956, alleging that the tenant had erected a permanent structure without the landlord's consent by replacing a tin‑sheet roof with a concrete slab and constructing a brick passage. The trial …

Mohd. Hussain @ Julfikar Ali was convicted and sentenced to death for planting a bomb on a public bus in 1997, causing four deaths and twenty‑four injuries. The trial court denied him the assistance of counsel, violating his right to legal aid and due process. The Delhi High Court upheld the conviction, but the Supreme…

The Supreme Court dismissed appeals by Sahara India Real Estate Corporation Ltd. and Sahara Housing Investment Corporation Ltd. against SEBI's order to refund over Rs. 17,400 crores collected through Optionally Fully Convertible Debentures (OFCDs). The Court held that the OFCDs were public issues, not private placement…

The appellants, M.C. Gupta and Mohan Lal Gupta, were convicted for misappropriating company funds by issuing a bank draft in 1988, an offence that occurred before the Prevention of Corruption Act, 1988 came into force. An FIR was lodged in 1990 under the repealed Prevention of Corruption Act, 1947, and the trial court …

The appellant, Lavesh, elder brother of the husband of a woman who allegedly committed suicide due to dowry harassment, was declared a proclaimed offender under Section 82 of the Criminal Procedure Code after failing to cooperate with the investigation. He sought anticipatory bail under Section 438 of the CrPC, but his…

The State of NCT of Delhi and Ajay Kumar Tyagi were simultaneously facing criminal prosecution under Sections 7 and 13 of the Prevention of Corruption Act and a departmental inquiry for the same alleged bribe. The departmental enquiry officer found the charge not proved, but the disciplinary authority had not yet rende…

The deceased Bhimappa Biradar was attacked and murdered by a group of armed men who had a long-standing feud with his family. The trial court convicted three accused (A13, A14, A17) under Section 302 read with Section 149 IPC and acquitted four others (A1, A15, A16, A21) who were alleged to have only dragged the victim…

The Oriental Insurance Company appealed against the Commissioner for Workmen's Compensation’s order directing it to pay simple interest at 12% per annum from the date of the accident (12 July 2006) on a compensation claim. The issue before the Supreme Court was when compensation under the Workmen's Compensation Act, 19…

The appellant, a police officer, was alleged to have demanded and accepted illegal gratification from Nagaraja (PW1) in exchange for inquiring into a complaint. The prosecution presented testimony of Nagaraja and two independent trap witnesses, corroborating the transaction of tainted currency notes, while the trial co…

Yograj Infra Ltd. furnished bank guarantees under a construction contract with Ssang Yong Engineering & Construction Co. Ltd. After the contract was terminated for alleged non‑performance and over‑payment, the respondent invoked the guarantees. Yograj filed a Section 9 application under the Arbitration and Conciliation…

In the 2007 election for Sarpanch of Kulagada Gram Panchayat, the appellant Joshna Gouda was declared elected. The respondent Brundaban Gouda filed an election petition under Sections 31 and 34 of the Orissa Gram Panchayat Act, 1964, alleging that the appellant was ineligible because she had not attained the age of 21,…

The case concerned the formation of a post‑poll "aghadi" (front) by councillors of the Ulhasnagar Municipal Corporation after municipal elections. The petitioners argued that the second proviso to sub‑section (2) of Section 31A of the Bombay Provincial Municipal Corporation Act, 1949 allows the creation of an aghadi or…

Dr. Subramanian Swamy filed a representation with the Prime Minister seeking sanction to prosecute the then Minister of Communications, A. Raja, for alleged corruption in the 2G spectrum allocation. After repeated reminders and a CBI FIR was registered 16 months later, the Delhi High Court dismissed his writ petition, …

S. Samuthiram, a police officer of the Tamil Nadu Armed Reserve, was charged with eve‑teasing a married woman at a bus stand while intoxicated and with being absent from duty. A departmental inquiry found the charges proved and dismissed him from service. While his service appeal was pending, a criminal court acquitted…

A dacoity was committed in which ten accused stole gold, silver and cash. One of the accused, Shivaji Kale, stole four silver chips weighing one kilogram each and sold them to jeweller Pramod Bhanudas Soundankar, the appellant. The appellant was charged under Sections 411 and 412 of the Indian Penal Code for dishonestl…

The appellant, Prabhat Singh, sought appointment on compassionate ground after his father, a government employee, died in 1996. He filed applications before the Central Administrative Tribunal (CAT) in 2005 and 2006, but his claim was rejected on grounds of lack of vacancy and his ineligibility under the Office Memoran…

The Assam Public Service Commission advertised 30 regular (direct) APS vacancies and later 20 special‑batch vacancies. Although the regular candidates were recommended first, the State appointed the special‑batch recruits before the regular ones, exceeding the 5% quota prescribed in Rule 5(1)(c) of the Assam Police Ser…

The petitioner bought a vehicle on hire‑purchase and alleged that the financier forcibly repossessed it, filing a criminal complaint. The Judicial Magistrate ordered interim custody to the petitioner, but the High Court of Assam quashed the criminal proceedings. The Supreme Court examined whether a financier’s reposses…

Dinesh Prasad, a washerman/rifleman in the Assam Rifles, was absent without leave for 808 days and was charge‑sheeted under Section 39(a) of the Army Act, 1950. A summary court‑martial was convened and presided over by the Commandant, Col. A.S. Sehrawat, who had also signed the charge sheet. Prasad pleaded guilty and w…

The appellant, Ramachandran, was convicted of murdering his wife Remani by forcibly administering the pesticide Furadan and subsequently smothering her. The trial court, upheld by the Kerala High Court, relied on testimonies of family members and a neighbour indicating daily physical abuse, a motive stemming from alleg…

The appellant, a customs house agent, was involved in the clearance of a seized container of electronic goods and later faced suspension of its licence, which was restored by the Tribunal. The Commissioner of Customs filed an application under Section 1290(4) of the Customs Act, 1962, but delayed it by ten days and sou…

The respondents, operators of sugar factories in Madhya Pradesh, challenged notices issued by market committees that required them to obtain licences under the Madhya Pradesh Krishi Upaj Mandi Act, 1972 and to pay market fees on purchases of sugarcane. The High Court quashed the notices, holding that the transactions w…

The Supreme Court examined admissions to a private unaided medical college in Rajasthan where 117 students were admitted without a competitive entrance test, contrary to Regulation 5(2) of the MCI Regulations. The Court held that there was no consensual agreement between the college and the State to admit students on t…

The Supreme Court heard two interlocutory applications seeking permission for the ship "Oriental Nicety" to be anchored, beached and dismantled at Alang, Gujarat. The petitioner argued that the ship could not be allowed entry without strict compliance with the Basel Convention and that it might contain hazardous wastes…

The appellant, a police constable recruit, concealed the existence of a pending criminal case in the affidavit he submitted during selection. After his appointment was confirmed and he began training, the authorities discovered the omission and terminated his services. The High Court upheld the termination, relying on …

Columbia Sportswear Co., a US company with liaison offices in India, sought an advance ruling from the Authority for Advance Rulings (Income Tax) on taxability and permanent establishment issues. The Authority issued a binding ruling, which the company challenged by filing a Special Leave Petition (SLP) under Article 1…

Deepak Khichi, a trader of explosive and inflammable substances, was implicated in a fire that killed 14 people and injured many others. The Sessions Court initially discharged him of charges under the Explosive Substances Act (ESA) on the ground that no sanction under Section 7 of the Act had been produced. The Distri…

In a suit for permanent injunction, the parties entered into a compromise decree dated 06‑09‑1996 requiring the defendant to pay a sum within six months. The defendant failed to pay, and the decree-holder filed an execution petition on 17‑02‑1997, before the six‑month period had expired. The defendant objected under Se…

The appellant, an academic expert appointed to the Jharkhand Public Service Commission interview board, was named in an FIR alleging large‑scale manipulation of marks and conspiracy with JPSC officials. He applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, which was rejected by both the …

The respondents, transferred to the Indian Railways, sought seniority and promotion benefits under a 2005 order of the Central Administrative Tribunal (CAT). The department allegedly failed to fully implement the order, prompting the respondents to file a contempt petition before the CAT, which in 2010 directed the app…

The respondent filed a suit for specific performance of a sale agreement in 2007. In 2008 the plaintiff sought to amend the plaint to implead additional parties and to detail how the consideration was paid. The High Court allowed the amendment in part, which the appellant (defendant) challenged on the ground that it al…

The appellants, tenant members of a housing co‑operative society, filed suits in the Bombay High Court seeking declaration that a resolution to sell society land and the subsequent conveyance to third parties were illegal and void. The respondents argued that the suits were barred by Sections 91 and 163 of the Maharash…

The State of Haryana acquired land under the Land Acquisition Act, 1894 and the reference court enhanced compensation in 1980, awarding 15% solatium and 6% interest. After the 1984 amendment to the Act, the landowners filed applications under CPC sections 151 and 152 in 1989 seeking the enhanced benefits of the amended…

The respondents, manufacturers of Fiat Uno cars, declared wholesale prices that were well below their manufacturing cost, claiming the price was the normal price under Section 4(1)(a) of the Central Excise Act. The Revenue issued show‑cause notices alleging short levy and demanded differential duty, arguing that the pr…

Patasi Devi owned a 14-kanal plot on which she had constructed a house before the Haryana Government issued a Section 4 notification on 15‑12‑2006 for acquiring land for the development of Sector 36, Rohtak. The land was later declared acquired under Section 6 and an award was passed on 9‑12‑2009, after which the State…

The Rajasthan Government issued notifications granting reservation in promotion for Scheduled Castes and Scheduled Tribes, which were later quashed by the Rajasthan High Court because the State had not complied with the quantifiable data requirements laid down in M. Nagaraj's case. General‑category employees filed civi…

Ayub Khan was apprehended in Guna, Madhya Pradesh, possessing a country‑made barrel gun, two bullets and 50 grams of explosives without a licence. He was convicted under Section 25(1)(a) of the Arms Act, 1959 and the trial court sentenced him to one year of rigorous imprisonment with a fine of Rs.100, accounting for se…

Vijay Singh was convicted under Section 307 IPC for stabbing PW‑4 on 11‑03‑1998 and sentenced to five years' rigorous imprisonment. He later claimed he was a juvenile at the time of the offence, relying on a school leaving certificate showing a date of birth of 01‑12‑1981, which would make him 16 years old on the incid…

Guru BasavaraJ @ Beene Settappa, the driver of a tractor‑trailer, was convicted under IPC sections 279, 337, 338 and 304‑A and Motor Vehicles Act section 187 for a highway accident that caused multiple injuries and one death. The accused claimed the crash resulted from mechanical failure and argued that his young age a…

The appellant, Mohammed Ajmal Mohammad Amir Kasab, was one of ten Pakistani terrorists who launched a coordinated attack on Mumbai on November 26, 2008, killing 166 people and injuring 238. He was convicted by the trial court on multiple charges including waging war against the Government of India, murder, and terroris…

The appellants, Narendra Champaklal Trivedi and Harjibhai Devjibhai Chauhan, were accused of demanding and accepting a Rs.50 bribe for providing a survey report. The trial court and the Gujarat High Court convicted them under Section 7 of the Prevention of Corruption Act, 1988 and imposed the statutory minimum sentence…

The case concerned an Assistant Foreman of an Ordnance Factory who was served a charge memo alleging bribery and challenged the disciplinary proceedings on the ground that the charge memo was issued by an authority subordinate to his appointing authority. The Central Administrative Tribunal quashed the charge memo, a d…

The appellant, Jugendra Singh, was charged with attempting to rape a nine‑year‑old girl and causing her death by strangulation. The trial court acquitted him, citing minor discrepancies in witness testimonies, but the High Court reversed the acquittal, convicting him under IPC sections 302, 376 and 511 and imposing lif…

The appellant, Minerals & Metals Trading Corporation of India Ltd., entered into a charter party with Ocean Knight Maritime Co. Ltd., which contained an arbitration clause. Disputes over demurrage led each party to appoint its own arbitrator, but the arbitrators could not reach a consensus and the award deadline expire…

Vinayak Kashinath Shilkar filed a writ petition seeking declaration that proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 concerning his land in Thane were abated after the Repeal Act of 1999 was adopted in Maharashtra on 29‑11‑2007. He contended that, although the land had vested in the State under …

The appellant, Rajendra Pralhadrao Wasnik, was convicted of raping and murdering a three‑year‑old girl under IPC sections 376(2)(f), 377 and 302. The prosecution relied on a chain of circumstantial evidence, including eyewitness testimony that the accused last saw the child with him, the discovery of the child's nude b…

The Supreme Court considered Special Leave Petitions challenging the selection of 766 pharmacist vacancies advertised by the Uttar Pradesh government. The petitioners argued that, despite higher merit, they were excluded because the State applied Rule 15(2) of the U.P. Pharmacists Service Rules, 1980, which mandates ba…

The Supreme Court upheld the conviction of Mano Dutt and Ram Narain for murder under Section 302 read with Section 34 of the IPC. The Court held that the accused had a pre‑planned common intention to assault and kill the deceased during a land‑dispute, and that the presence of fewer than five participants does not prec…

The case concerned a former High Court judge who, after retirement, served as President of the Madhya Pradesh State Consumer Disputes Redressal Commission for nearly five years. He claimed pension for that period based on a 2002 executive order of the State Government, although the Madhya Pradesh Consumer Protection Ru…

Five Haryana MLAs merged with the Indian National Congress and the Speaker accepted the merger. Kuldeep Bishnoi filed disqualification petitions under Article 191 and the Tenth Schedule, alleging the merger violated paragraph 4(1). The High Court, invoking Order 41 Rule 33 CPC, directed the Speaker to decide the petiti…

Chloro Controls (India) Pvt. Ltd. filed a suit seeking declaration and injunction against Severn Trent Water Purification Inc. and related entities over a joint‑venture arrangement involving multiple agreements, some of which contained arbitration clauses. The respondents moved under Section 45 of the Arbitration and C…

An FIR for offences under sections 467, 468, 471, 409 and 114 IPC was filed against the appellant. He sought quashing of the FIR and a stay of investigation under Section 482 CrPC, but was arrested before the stay order took effect. The magistrate remanded him to police custody and later to judicial custody. The High C…

The Indore Development Authority (IDA) allotted a 7‑acre parcel of land to Mangal Amusement Park Ltd. for a children's amusement park under a document labeled a "license" for 15 years, with a provision for renewal. The State of Madhya Pradesh later changed the land‑use from "commercial" to "regional park" and directed …

The appellants were convicted under Sections 148, 302 read with 149, 341, and 323 of the IPC for the death of Khushal Salgar. The prosecution relied on the testimony of two eye‑witnesses, a dying declaration, and forensic evidence. The Supreme Court examined whether the evidence established a common object to cause mur…

The appellant, a transport operator, complained that a Deputy Excise and Taxation Commissioner (respondent No.2) demanded payment of passenger tax at his residence, received Rs. 2 lakh, and released the appellant's impounded buses, allegedly cheating him and embezzling public money. The Judicial Magistrate issued a sum…

Five men (Surendra, Narendra, Yogesh, Amar Pal and Anil Kumar) attacked Ramchandra Singh with a burri, knife and lathis after a pending criminal dispute, inflicting multiple injuries that caused his death the next day. The trial court convicted them under Section 302 read with Section 149 of the IPC, along with Section…

The appellant, Brajendrasingh, was convicted of murdering his wife and their three young children after alleging an illicit affair between his wife and a neighbour. The prosecution relied on circumstantial evidence, forensic findings, and the appellant's own statements under Section 313 CrPC, while the defence claimed …

The Supreme Court examined the conviction of four accused for the rape and murder of Rajkumari, based primarily on the testimony of a 16‑year‑old servant, PW6, who was the sole eye‑witness. The Court found that PW6's statement was reliable, corroborated by medical evidence and the testimony of the victim's mother, and …

Sugen Inc. and Pharmacia & Upjohn were granted Indian Patent No. 209251 for a pharmaceutical invention. Cipla Ltd. filed an opposition under Section 25(2) of the Patents Act, 1970, and the Controller revoked the patent on 24 September 2012 relying on the Opposition Board’s recommendation, but without furnishing the Boa…

The appellants were convicted for the murder of Veerappan and his mother Marudayi based primarily on the testimony of PW‑5 Srinivasan, the victim's brother and a related, interested witness who also harboured enmity against the accused. The appellants challenged the conviction, arguing that PW‑5’s evidence should be cl…

Gurpal Singh, a Judicial Magistrate First Class in Rajasthan, was suspended on 20 December 1985 after being arrested in connection with the murder of an advocate. He was acquitted by the trial court in May 2002 and the CBI's appeal was dismissed by the Delhi High Court on 27 September 2005, but his suspension continued…

The case concerned the classification of "soft‑serve" ice‑cream sold at McDonald's outlets. The revenue argued it fell under heading 21.05 (ice‑cream) of the Central Excise and Tariff Act, 1985, while the assessee contended it should be placed under heading 04.04 (other dairy produce) or the residuary 2108.91. The Supr…

The appellant, a chemical supplier, filed forty complaints under Section 138 of the Negotiable Instruments Act alleging that the respondent company’s post‑dated cheques were dishonoured because the signatures did not match the specimen signatures on file. The High Court quashed the complaints, holding that a signature …

The appellant was charged with raping and murdering a young woman, Lalitha. Witnesses saw him fleeing the house with blood‑stained clothes and heard him push them as they entered, and the victim gave a dying declaration that he had struck her with a grinder. The trial court acquitted him of both charges, but the High C…

The case concerned the inter‑se seniority of Income Tax Inspectors appointed by promotion (promotees) and those recruited directly (direct recruits) for vacancies of the 1993‑94 year. The parties disputed whether seniority of direct recruits should be based on their actual appointment date, the date the vacancy arose, …

The appellant, V.K. Sasikala, was on trial for offences under the Prevention of Corruption Act. While her examination under Section 313 CrPC was in progress, she applied for certified copies and, alternatively, inspection of certain unmarked and unexhibited documents that had been forwarded to the court under Section 1…

New Horizon Sugar Mills Ltd and its directors, who had guaranteed a bank loan, defaulted and faced attachment of their properties under the Pondicherry Protection of Interest of Depositors in Financial Establishments Act, 2004. They challenged the validity of that Act and a government order attaching properties, arguin…

The case involved the murder of Nagoba, for which six of eleven accused were convicted under Section 302 read with Section 149 of the IPC. The appellants (A‑1 and A‑2) challenged their convictions on the grounds that the key prosecution witnesses were relatives of the deceased, that there was a delay in lodging the FIR…

The appellants, who had purchased land from the predecessor-in-interest, filed a suit for a permanent injunction against respondents who claimed title based on later sale deeds. They later sought to amend the plaint to include a declaration of title and cancellation of those sale deeds. The trial court and the High Cou…

The Mandi Samiti, a market committee established under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, collects market fees and is statutorily required to transfer certain amounts to the Mandi Parishad. Both entities are registered under Section 12AA of the Income Tax Act, 1961. The Revenue argued that these tr…

The Supreme Court considered CBI's appeal against the Gujarat High Court's grant of bail to former Home Minister Amitbhai Shah in the Sohrabuddin encounter case and a petition to transfer the trial out of Gujarat. The Court noted that Shah, as a minister, could potentially influence witnesses and tamper with evidence, …

The appellant Ajay Kumar Parmar was accused of raping the complainant, who later approached the Chief Judicial Magistrate (CJM) to record a statement under Section 164 CrPC claiming the FIR was false. The CJM directed a Judicial Magistrate to record the statement, but the complainant was not produced before the magistr…

The President of India made a reference under Article 143(1) of the Constitution seeking the Supreme Court's opinion on whether auction is the only permissible method for disposal of all natural resources, following the Court's judgment in the 2G case which had quashed spectrum licenses and directed auction. The Court …

Pooja Rana, born in 1993, married Sachin Kumar Rana of her own choice, after which her parents and maternal uncle filed an FIR against her husband under IPC sections 363, 366, 328 and 504. She filed a writ petition under Article 32 of the Constitution seeking the quash of the FIR and direction to register a criminal ca…

The Supreme Court examined the constitutional validity of Section 3(7) of the Uttar Pradesh Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 and Rule 8‑A of the Uttar Pradesh Government Servants Seniority Rules, 1991 (as inserted by the 2007 amendment), which pro…

The Supreme Court examined the compensation awarded for 33 acres of land acquired under the Land Acquisition Act, 1894. The appellants argued that the reference court erred by averaging several sale exemplars instead of using the highest bona‑fide transaction (Exhibit A‑61) and by not granting interest on solatium and …

The petitioner, a public‑spirited citizen, filed a writ petition under Article 32 seeking a direction that all motor vehicles in India be fitted only with safety glass having 100% visual light transmission (VLT) and that the use of black films on vehicle windshields and side windows be prohibited. The petition also dem…

The appellant, P.A. Mohammed Riyas, contested the 2009 Lok Sabha election from Kozhikode and filed an election petition alleging that the respondent, M.K. Raghavan, committed corrupt practice by publishing false statements, invoking Sections 81, 100, 101 and 123 of the Representation of the People Act, 1951. The petiti…

The appellant, a watchman employed by a religious society, sued for a permanent injunction claiming possession of the society's dharamshala, alleging adverse possession. The trial court dismissed the suit, the first appellate court reversed in his favour, but the High Court set aside that reversal. The Supreme Court he…

The Bangalore Municipal Corporation sold a residential property, originally leased to S, to S's son (the appellant) after S's death, with the sale price contributed by the appellant, S's husband and daughters (respondents). The respondents sued for a declaration of co‑ownership and an injunction, but the trial court di…

The Supreme Court examined whether an authorised signatory of a company could be prosecuted under Section 138 of the Negotiable Instruments Act, 1881 and Section 67/85 of the Information Technology Act, 2000 without the company itself being named as an accused. The Court held that Section 141 of the Negotiable Instrume…

The petitioners, led by Avishek Goenka, raised a public‑interest writ alleging that prepaid SIM cards were being sold without proper identity verification, posing security risks and violating Department of Telecommunications (DoT) notifications. The petitioner sought strict enforcement of verification norms, physical r…

The appellant, a joint owner of land in Palanpur, Gujarat, challenged a government acquisition of his property and obtained interim relief from the Gujarat High Court. While the proceedings were pending, the Land Acquisition Act was amended in 1984 inserting Section 11A, which mandates that an award be made within two …

The Uttar Pradesh Avas Evam Vikas Parishad appointed the appellant, a Superintending Engineer, to officiate as Chief Engineer. The senior-most respondent challenged the appointment, arguing that in the absence of a merit‑based selection the senior officer should be given the charge. The Allahabad High Court quashed the…

Sunil Kumar was convicted under Section 7 of the Essential Commodities Act, 1955 for possessing and selling large quantities of blue kerosene and was sentenced to one year imprisonment and a fine. His appeal against the conviction was dismissed by the High Court, and a subsequent application seeking modification of the…

The petition arose from the kidnapping of a six‑year‑old girl, Lalita Kumari, whose father reported the incident to the police but the FIR was registered only after a month and no investigative action was taken. The petitioner sought a writ of habeas corpus, contending that the police had a statutory duty under Section…

The Supreme Court entertained a public‑interest writ petition seeking directions to the Union and several State governments to nationalise rivers and inter‑link them for flood control and drought mitigation. The petitioners relied on the National Water Policy, the 1980 National Perspective Plan and various feasibility …

A partition suit filed in 1962 was compromised in 1964, with the decree allocating exclusive possession of specific properties to each party. The predecessor of the appellants later challenged the compromise decree on grounds of fraud, but the suit was dismissed in 1994 and the subsequent appeal in 2004 was also dismis…

The case concerned the recruitment of District and Sessions Judges in Kerala where an initial notification sought to fill six vacancies. After the written exam, only seven candidates qualified, but the recruitment committee awarded moderation marks to all examinees, expanding the pool to 45 candidates. The High Court l…

IFB Industries Ltd., a manufacturer of home appliances, offered trade discounts to its dealers, some of which were granted through credit notes after sales targets were met. The dispute centered on whether such discounts, not shown on the original sales invoice, could be deducted from taxable turnover under Rule 9(a) o…

The Supreme Court examined the validity of auction notices issued by the Haryana government for the extraction of minor minerals (boulders, gravel, sand) in parcels not exceeding 5 hectares, including river‑bed mining. Petitioners argued that the notices were issued without any environmental impact assessment (EIA) and…

The widowed mother and her two educated daughters of a deceased motor accident victim were awarded compensation, which was later enhanced by the High Court. The insurer deposited the full amount with the Motor Accident Claims Tribunal, which ordered a portion to be placed in long‑term fixed deposits despite the claiman…

The Director of Land Records and Survey, Assam advertised 160 seats for the Assam Survey and Settlement Training Institute and selected 160 candidates. Subsequent lists of candidates were prepared, but the Government refused to approve them, prompting petitions. The petitioners argued that appointments could be made fr…

The appellant, an OBC candidate, applied for the Assam Civil Service through the Assam Public Service Commission and secured a higher merit score than many open‑category candidates, yet was not placed in his preferred service. He challenged the commission’s selection, arguing that more meritorious reserved‑category can…

Jasvir Kaur and her husband Ginder Singh, a Head Constable, were convicted under Section 420 of the IPC for cheating an informant by promising a police job and extracting Rs.70,000. Both were sentenced to two years' imprisonment and a fine. The Supreme Court entertained only the appellant's challenge to the sentence. I…

The case involved 60 accused charged under TADA, the Arms Act and the Explosive Substances Act, of whom 11 were convicted by a Designated Court. The appellants contended that the FIR under TADA was registered without the mandatory prior approval of the District Superintendent of Police under s.20‑A(1) of TADA, renderin…

The State of Madhya Pradesh alleged that Surendra Kori, a Deputy Registrar, facilitated the registration of over one hundred forged sale deeds to enable fictitious buyers to claim benefits under a Special Rehabilitation Package for the Sardar Sarovar Project. FIRs and charge‑sheets were filed under IPC sections 420, 46…

The case arose from a complaint alleging that a police encounter on 1 July 2004 was fabricated and resulted in the death of the complainant's son. The police contended that the encounter was genuine, a fact supported by FIRs, a CID inquiry, and an NHRC report. The High Court quashed the criminal proceeding against a po…

The appellant MSR Leathers sued the respondents for dishonour of four cheques. The cheques were presented, dishonoured, and a statutory notice was served; the drawer failed to pay. The cheques were presented a second time, again dishonoured, and a fresh notice was served before a complaint was filed. The issue was whet…

The appellant, Arvindkumar, was charged with murdering his first wife, Sita Devi, under Sections 302 and 201 read with Section 34 of the IPC. The prosecution relied solely on circumstantial evidence, including the last sighting of the appellant with the victim, blood‑stained clothes, recovery of a knife, post‑mortem fi…

The appellants, companies engaged in iron and steel production, entered into Memorandums of Understanding with the State Government of Jharkhand for mining leases of iron ore in the Ghatkuri area. The State Government recommended their applications to the Central Government for prior approval. However, upon discovering…

The Union of India sought modification of a Supreme Court order that had constituted a Committee to examine rehabilitation of sex workers. It prayed to delete the Durbar Mahila Samanwaya Samiti from the Committee, alleging the Samiti advocated repeal of the Immoral Traffic (Prevention) Act, 1956 and recognition of sex …

The petitioners were constables of the Border Security Force (BSF) who resigned after completing ten years of service under Rule 19 of the BSF Rules, 1969, and were initially told they would be entitled to pension on compassionate grounds. The Government later informed them that no pension would be payable, leading the…

The Supreme Court upheld the Bombay High Court’s order quashing the Municipal Corporation of Nagpur’s 1991 resolution to renew a 30‑year lease in favour of Saroj Screens Pvt. Ltd. and the State Government’s subsequent sanction under Section 70(5) of the City of Nagpur Corporation Act, 1948. The Court held that the earl…

The parties entered into a contract for works on the Tehri Hydro Dam project. After completion, the final bill and a security deposit of Rs.12.50 lakhs remained unpaid, leading to arbitration under the contract’s arbitration clause. The first arbitration awarded Rs.10.17 lakhs for the final bill but held the security‑d…

Hukam Chand Gupta, a retired Assistant Administrative Officer of the National Dairy Research Institute, claimed that his pay scale should have been revised in line with the pay scale of Superintendents at the ICAR headquarters and that a junior colleague, J.L.P. Madan, should not have received a higher pay scale. The C…

Price Waterhouse Coopers Pvt. Ltd., a large consultancy firm, filed its 2000-01 return of income together with a tax audit report that clearly stated the provision for gratuity was not allowable under section 40A(7). However, the firm mistakenly claimed a deduction for that provision, resulting in an under‑assessment o…

Avinash Sadashiv Bhosale, a State Bank of India branch manager, was prosecuted under IPC sections 120B, 420, 467, 468, 471 and 201 for alleged fraud of Rs 12 crore, but was acquitted by the criminal court. Simultaneously, the bank instituted departmental proceedings under the SBI Officers Service Rules, 1992, charging …

The appellants, selected as Lower Division Clerks in 1984, were appointed only in 1993 and 1996 after court orders, while similarly placed candidates (Parveen Singh and others) obtained retroactive appointments and back wages following a tribunal order and a Punjab‑Haryana High Court judgment. The appellants later soug…

The appellant was convicted of rape under IPC s.376 based solely on the testimony of the prosecutrix, Indira, whose statement was recorded under Section 164 CrPC. The appellant appealed, arguing that the prosecutrix's evidence contained material contradictions, lacked corroboration, and was unreliable, especially given…

Mukut Bihari and another were accused of demanding a Rs.100 bribe for issuing a discharge ticket in a hospital. A trap was organised, the complainant handed the money to the accused, and both were arrested. The trial court convicted them under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988, Se…

The appellant, a public sector steel manufacturer, appointed the respondent as a handling contractor under a 1998 contract that contained clause 9.3 requiring the contractor to bear all taxes arising from the performance of his obligations. After the Finance Act, 1997 extended service tax to handling contractors, the a…

Five legislators were elected to the Karnataka Legislative Assembly in 2008 as independents. They supported the Bharatiya Janata Party (BJP) government and served as cabinet ministers, but withdrew their support in October 2010, prompting the Speaker to disqualify them under paragraph 2(2) of the Tenth Schedule for "de…

The appellants, students admitted to private unaided medical colleges in Kerala for the 2007-08 MBBS batch, challenged their discharge after the Medical Council of India (MCI) found their admissions irregular because they had secured less than 50% marks in the competitive entrance examination, a requirement omitted in …

The petitioner, convicted under Sections 420 and 120‑B IPC, sought quashing of the FIR under Section 482 of the CrPC on the ground that the dispute with the victim had been settled, although the offences were non‑compoundable under Section 320. The larger Bench examined the scope of the High Court's inherent power unde…

Dr. Subramanian Swamy filed a criminal complaint alleging that former Finance Minister P. Chidambaram conspired with Telecom Minister A. Raja in the 2G spectrum scam, seeking to make Chidambaram an accused under the Prevention of Corruption Act. The Special Judge, after examining the material, found no evidence of Chid…

The Kanpur Development Authority (KDA) sold a plot to respondents who later sought possession, but a civil court injunction led KDA to cancel the allotment and refund the amount. The respondents filed a consumer complaint alleging interest, damages, and harassment, and the State Consumer Disputes Redressal Commission p…

The appellant Arumugam was convicted under Sections 147, 148, 341 and 302 IPC for the murder of his brother, the deceased, based primarily on the testimony of a single eye‑witness who was also the victim's brother. The appellant challenged the conviction on grounds of delay in filing the complaint and registering the F…

The appellant was convicted of murder under Section 302 IPC for stabbing and further assaulting the deceased, who later died. The prosecution relied on a dying declaration recorded by a police officer after medical certification of fitness, corroborated by an eye‑witness, forensic blood‑group evidence, the recovered kn…

The appellant Shudhakar was convicted of murder under Section 302 IPC for allegedly setting his wife on fire. The deceased gave three dying declarations: the first, recorded by a Naib Tehsildar, exonerated the husband and claimed the fire originated from a stove; the second and third, recorded later by a Tehsildar and …

Rampal Singh, an Indian Army soldier, broke a fence (ladauri) constructed by his relative RKS and threw garbage on his land, leading to a heated altercation during which they grappled. After being separated, Rampal retrieved a rifle, warned his brother to stay away, and, provoked by RKS's challenge to shoot, fired a si…

The appellants, heirs of a guarantor, challenged the recovery of a bank loan by arguing that the liability should not fall solely on them, that the auction of their land was irregular, and that excess proceeds should be returned. The Supreme Court held that under Section 128 of the Contract Act a guarantor’s liability …

K.B. Nagur, an Ayurvedic doctor, filed a public‑interest writ petition alleging that elections to the Central Council of Indian Medicine had not been held for two decades and that Section 7 of the Indian Medicine Central Council Act, 1970 – specifically the clause "or until his successor shall have been duly elected or…

The Postal Department (Office of the Chief Post Master General) appealed against a High Court order denying concessional postage rates to Living Media India Ltd. The High Court had allowed the company's writ petitions, and the Department filed special leave petitions (SLPs) in the Supreme Court after a delay of 427 day…

The plaintiffs, Margret Almeida & Ors., filed two suits against the Bombay Catholic Co-operative Housing Society Ltd., which the trial judge held maintainable and granted an interim order of status quo. The Division Bench of the Bombay High Court, relying on Section 91 of the Maharashtra Co-operative Societies Act, 196…

The Food Corporation of India (FCI) invited tenders for handling and transportation contracts; the appellant offered a lower rate and deposited Rs 10 lakhs as security per a High Court direction. The contract was awarded to the appellant, who later withdrew, citing security problems, thereby breaching the agreement. Th…

The M.P. Rural Road Development Authority entered into a works contract with L.G. Chaudhary Engineers for road construction. After alleged breaches, the Authority terminated the contract and encashed the contractor's bank guarantee, leading to a dispute. The contractor sought arbitration under the Arbitration and Conci…

The Bangalore Development Authority (BOA) under Section 32(5A) of the Bangalore Development Authority Act, 1976, required applicants for private layouts to pay additional sums to fund water supply, electricity, roads and other amenities. Several house‑building societies challenged this provision, alleging discriminatio…

The respondent, a Higher Grade Assistant of LIC, was penalised for alleged irregularities in a housing loan. The disciplinary enquiry was found by the High Court to have violated statutory procedures and natural‑justice principles, leading to the quashing of the penalty. The appellants contended that the High Court exc…

The case concerned the merger of Bihar's Subordinate Education Service teachers into the Bihar Education Service (Class‑II) following a 1977 notification and a 2006 state resolution. After multiple rounds of litigation, the Supreme Court held that the 7 July 2006 resolution was a lawful policy decision, not violative o…

The husband of the appellants died in a road accident, and the wife and children claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Tribunal awarded Rs 10,08,000 using a multiplier of 12 and interest at 7% for certain periods. The High Court reduced the compensation to Rs 5,00,000 and the inte…

The Registrar of Rajiv Gandhi University of Health Sciences appealed against a Karnataka High Court decision that had upheld a lower court's order allowing a candidate, G. Hemlatha, to be admitted to an M.Sc. Nursing programme despite scoring 54.71% when the eligibility threshold was 55%. Hemlatha had obtained a certif…

The appellant, Polamuri Chandra Sekhararao, was convicted under s.302 IPC for murdering his elder sister's son, Ravi Kishore, on 6 April 2004. The prosecution alleged that the deceased visited the appellant's house, proposed to marry the appellant's daughters, and was subsequently stabbed repeatedly with a knife (M.O.-…

The State of Bihar seized 5,923 bags of wheat from the flour mill of Arvind Kumar & Anr. after a raid based on secret information indicating diversion of subsidised food grains for black marketing. The respondents filed a writ petition seeking quashing of the FIR under the Essential Commodities Act, 1955 and release of…

Anand Kishore Gautam, a senior accountant, died while in service, leaving a widow and three children. The widow applied for a compassionate appointment in a Group C post, but the application was rejected because the family had received terminal benefits exceeding the Rs 3 lakh ceiling stipulated in the compassionate ap…

The appellant was first prosecuted under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque and was convicted, later acquitted on appeal, with the appeal still pending. Subsequently, the same complainant filed an FIR under Sections 406, 420 and 114 of the Indian Penal Code alleging criminal …

The appellant, Santosh Devi, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for the death of her husband, a self‑employed dairy farmer, in a road accident caused by the negligent driving of another vehicle. The Motor Accident Claims Tribunal awarded Rs.1,32,000 with a 12% interest, applying a mu…

The appellant filed a suit for specific performance of an agreement to sell agricultural land, having paid earnest money, while the respondent failed to execute the sale deed. The trial court decreed specific performance, but the first appellate court reversed the decree on the ground that granting it would render the …

The plaintiff filed a partition suit claiming a 13‑acre property as joint family property and the defendants, though served with summons and represented by counsel, never filed a written statement. The trial court, relying solely on the plaintiff’s affidavit and documents, passed an ex‑parte decree granting the plainti…

In January 2000, a group of six accused attacked three brothers in Rajasthan, resulting in the death of one brother, Lalu, and injuries to the others. The accused were charged under IPC sections 148, 302/149, 323, 324/149 and 325. The trial court convicted them of all offences, including murder, and sentenced them to l…

The appellants challenged final orders of the Armed Forces Tribunal under Section 30 of the Armed Forces Tribunal Act, 2007, contending that they could appeal directly to the Supreme Court. The central issue was whether Section 30(1) confers a vested right of appeal independent of the procedure laid down in Section 31,…

Heinz India Pvt. Ltd. and other dealers challenged market fee assessments levied by the Uttar Pradesh Krishi Utpadan Mandi Samiti, claiming that the ghee they exported was transferred as stock and not sold within the mandi, thus exempting them from the fee. The Samiti rejected the refund claims, holding the statutory p…

The appellant, a neighbour, abducted a three‑year‑old girl from her home under the pretext of giving her biscuits, subsequently raping and murdering her. The trial court convicted him under IPC sections 364, 376, 377, 302 and 201 and imposed death for the murder, which the High Court affirmed. On appeal, the Supreme Co…

The appellant, Sonu Sardar, along with four others, entered the house of a scrap dealer, demanded money, and committed dacoity followed by the murder of five persons, including two children, using a knife, axe and iron rod. The prosecution proved the appellant's participation through the testimony of the victim's daugh…

The appellant, Ladli Construction Co., entered into a contract to build 240 houses for the Punjab Police Housing Corporation, but failed to meet the schedule and the contract was rescinded. The parties' agreement contained an arbitration clause (Clause 25A) naming the Corporation's Chief Engineer as arbitrator. The con…

The Supreme Court, hearing a suo motu writ petition, examined the midnight police raid on a sleeping crowd at Ramlila Maidan on 4-5 June 2011, where police used teargas, lathi charge and brick‑batting after revoking permission for a yoga camp and a fast led by Baba Ramdev. The Court found that the order under Section 1…

The appellant, Vadlakonda Lenin, was accused of murdering his wife while she slept and fleeing the scene. The prosecution's case relied entirely on circumstantial evidence, including the appellant's history of dowry demands, a quarrel with the victim, the victim being found injured in her home, the appellant seen runni…

Four suits for specific performance were filed by Premlata Agarwal against a developer concerning four flats, while Vasanti Bhat, a purchaser of a different flat (No. 703), had paid Rs. 38 lakhs and received a possession letter. The High Court single judge appointed a receiver over flats 703 and 801 and barred the deve…

Three men were stopped by police while travelling in a car and, after giving consent, were searched in the presence of village panchas. Opium packets were recovered from their persons and from the vehicle, leading to conviction under Sections 8 and 18 of the NDPS Act and a ten‑year rigorous imprisonment sentence. The a…

Satish Mehra filed a criminal complaint alleging cheating and forgery in the renewal and encashment of five foreign currency non‑resident fixed deposits (FCNRFD). The trial court framed charges against two bank officials (Chief Manager and Senior Manager of Canara Bank) and against the complainant's wife and father‑in‑…

Sri Debendranath Nanda, an Acharya Pandit, was repeatedly adjusted and then withdrawn from a government post, leading to a 14-year delay in his appropriate posting. Despite several orders from the State Government and the High Court directing his consideration in light of the Kabita Manjari Kar case, the Department fai…

The appellants were charged under Section 138 of the Negotiable Instruments Act for dishonouring cheques. The complaint filed by the payee was not signed by the complainant but was later verified and signed on a verification statement before the magistrate. The legal issue was whether a complaint "in writing" under Sec…

The appellant, a Divisional Tourism Development Officer, was charged under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a Rs.10,000 bribe to grant a hotel licence. The trial court convicted him on both counts, but the High Court set aside the conviction under Sect…

The case involved seven accused charged with murder (s.302 IPC) and rioting (s.147, s.148 IPC) arising from an altercation that escalated into a violent assault. The prosecution alleged that the accused formed an unlawful assembly with a common object to kill the deceased, invoking constructive liability under s.149 IP…

The case arose from a violent clash between two rival groups in Pedagarlapadu village, Andhra Pradesh, where the appellants formed an unlawful assembly, armed with deadly weapons, and set fire to about 50 houses belonging to a Harijan colony. The trial court convicted the appellants under IPC sections 148 and 436 (read…

The respondents were appointed as Masters, Physical Training Instructor and Hindi Teacher on a purely ad‑hoc basis between 1994 and 1996 by District Education Officers, and their services were regularised on 1‑Oct‑2003. After regularisation they claimed that the ad‑hoc period should be counted for seniority, but the de…

Ram Ashish Dixit, an officer of Gorakhpur Kshetriya Gramin Bank, was found guilty of irregularities in loan disbursement and was punished with stoppage of one increment for three years. He was considered for promotion from Junior Management Grade‑I to Middle Management Grade‑II in 1995, 1997 and 1999 but was not promot…

The husband and wife were married on 26 March 2011 but lived apart from the outset, and the husband filed a petition under Section 12 of the Hindu Marriage Act seeking a declaration of nullity within three months. During mediation the parties agreed to dissolve the marriage by mutual consent and filed a joint petition …

The appellant Rohtash was convicted by the High Court for dowry death under Sections 304‑B and 498‑A IPC, based on alleged dowry demands of Rs.10,000 and Rs.5,000 and the claim that his wife Indro committed suicide by poison. The trial court had acquitted all accused, finding material inconsistencies in witness stateme…

The appellant, the daughter of Badami, challenged a 1973 decree that had been obtained through a purported family settlement in which Badami allegedly transferred her entire share of ancestral land to Bhali. The trial court had passed the decree within three days of filing, without proper examination of admissions, and…

The appellant Sayed Darain Ahsan was convicted under IPC sections 302 and 34 for the murder of Mughal, based on the testimony of four local eyewitnesses who identified him and his associate as the shooters. The defence argued that the eyewitness accounts conflicted with medical evidence showing only a single bullet wou…

The case involved the murder of Pratima Nandi on 23 February 2002. An eight‑year‑old girl, Manika (PW‑2), testified that the accused, Promode Dey, entered the house with a large dao and killed her mother. Her testimony was corroborated by her grandmother (PW‑1), her father (PW‑11), a village resident (PW‑8) and the rec…

The appellants complained that the Karkhana sugar factory had enrolled 6,617 persons who did not meet the eligibility criteria under the Maharashtra Co-operative Societies Act, 1960. After the Commissioner of Sugar failed to act, a writ petition led to an inquiry by the Regional Joint Director, who confirmed the inelig…

An accident on a national highway caused the death of a pillion rider when his motorcycle collided with a stationary lorry. The claimants obtained a compensation award from the Motor Accidents Claims Tribunal, holding the truck owner, driver, insurer and the motorcycle rider liable. The truck owner and rider appealed t…

The petitioners, students who completed a medical course at Vinayaka Mission University's off‑shore campus in Bangkok, sought to appear for the Medical Council of India's screening test, claiming their provisional MBBS certificate qualified as a primary medical qualification. The High Court Single Judge allowed their a…

Senior advocate R.K. Anand was held guilty of contempt for attempting to suborn a court witness in a criminal trial where he represented the accused. The Delhi High Court punished him with a four‑month ban from appearing before the High Court, a fine of Rs 2,000 and recommended that he be stripped of his senior‑advocat…

The appeal concerned whether the recitals in Exhibit A1, particularly item 1 of Schedule 8, created a testamentary disposition (a Will) or a settlement/gift that vested rights in the plaintiffs during the executants' lifetimes. The Supreme Court examined the nature of the composite document, distinguishing between test…

The appellant filed a civil suit after the testator's death seeking a declaration that a will dated 21‑03‑2003 and a sale deed dated 12‑01‑2005 were forged and should be declared null and void, along with their cancellation. The suit property was valued at Rs 30,00,000, but the plaintiff paid a fixed court fee of Rs 20…

The case arose from a violent clash between two rival families over a land dispute, which culminated in the murder of Gurdial Singh and injuries to several others. Eight persons, armed with guns and gandasas, assembled and attacked the victims; three of the accused died during trial, leaving five to stand trial. The tr…

The appellant Surinder Kumar was convicted under Sections 304B and 498A of the IPC for the death of his wife, Kiran Bala, who suffered 90% burn injuries and gave a dying declaration blaming him for dowry demands. The appellant challenged the admissibility of the declaration, arguing that his wife was too injured to mak…

The appellant, Kunjumon, entered a house with a common intention to commit robbery, threatened an 11‑year‑old girl and subsequently dragged a 90‑year‑old woman from her cot, beating her on the head with a wall clock, leading to her death. He was convicted by the trial court and the High Court under IPC sections 302 (mu…

The appellant workmen sought priority over the sale proceeds of unsecured assets of UMI Special Steels Ltd., arguing that under Sections 529 and 529A of the Companies Act, 1956, workmen's dues should rank ahead of secured creditors on those assets. The respondents, representing the secured creditors, contended that the…

The dispute arose from an arbitral award dated 12 May 2004, which was sent to the respondent's counsel rather than to the respondent itself. The respondent filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, more than nine months after the award was received by counsel, claiming the time li…

The appellant, Suresh Sakharam Nangare, was convicted along with his co-accused for the murder of his brother-in-law, Sanjay Lokhare, who died from severe burns. The prosecution's case relied primarily on the testimony of an approver, Shabbir Fariyad Khan, who claimed the appellant only held the victim's legs after the…

The CBI investigated a scheme in which bank officials and private individuals defrauded Vijaya Bank of Rs 1.27 crore by sanctioning housing loans. K. Narayana Rao, a panel advocate for the bank, was charged as accused 6 for allegedly giving false legal opinions on ten loans. The High Court, invoking Section 482 of the …

The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the injunction. The appella…

The respondent, Sanjay Kumar, was convicted of raping and murdering an 18‑year‑old girl, Divya Rani, and was sentenced to death by the Sessions Court. The High Court of Allahabad commuted the death sentence to life imprisonment, holding that the case did not fall within the "rarest of rare" category. The State of Uttar…

The appellant filed an appeal in the Delhi High Court but, due to a clerical error, the vakalatnama of his new counsel was not filed and no lawyer appeared for either party at the final hearing. Despite the absence of representation, the High Court examined the merits of the case and dismissed the appeal. The appellant…

The State of Rajasthan convicted Darshan Singh for murder under Section 302 IPC based on the testimony of Geeta, a deaf‑and‑dumb eyewitness, whose statement was recorded in sign language through her father who acted as interpreter. The High Court set aside the conviction, holding that the witness and the interpreter we…

The Union of India challenged the appointment of part‑time members to the Appellate Tribunal for Foreign Exchange under Rule 5 of the 2000 Rules, arguing that the concept of part‑time members and their appointment from the Indian Legal Service were beyond the scope of the Foreign Exchange Management Act, 1999 (FEMA). T…

The appellant, Ramesh Harijan, was charged with raping and murdering a 5‑6‑year‑old girl. The prosecution relied on the mother’s FIR, eyewitnesses who claimed to have seen the accused committing the crime, and forensic evidence of blood and semen on a recovered sheet. The trial court acquitted, citing lack of proof tha…

The Delhi Government issued a notification under the Land Acquisition Act, 1894 to acquire land for the Rohini Residential Scheme, invoking the urgency provisions of Section 17(1) and 17(4) and directing that the objection provisions of Section 5A would not apply. The landowner, Ram Dhari Jindal Memorial Trust, challen…

The appellant, a sister, owned a house in Goa purchased at auction, while her brother was allowed to occupy it as a caretaker. After the appellant returned to Goa in 1992, the brother filed a suit for a mandatory injunction to prevent her from taking possession, claiming a family arrangement. The trial court and High C…

The appellant, father of Kajamalai Viji, challenged a preventive detention order issued under the Tamil Nadu Prevention of Dangerous Activities Act, 1982, which labeled his son a "goonda" under Section 2(f) and ordered his detention under Section 3. The detention was based on a recent incident where Viji, armed with a …

Dakshin Shelters Pvt. Ltd. and Geeta S. Johari entered into a Development Agreement containing an arbitration clause. On December 10, 2010 the respondent invoked the clause, nominated a former High Court judge as its arbitrator and asked the petitioner to nominate its own arbitrator. The petitioner replied on January 1…

The Managing Director of a company was injured while travelling in a car owned by the company and insured with National Insurance Company Ltd. He claimed compensation under Sections 140, 147 and 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claim Tribunal held the insurer liable. The insurer appealed, arg…

Six persons, including appellants Sandeep and Narender, were convicted of murder, attempt to murder, rioting and other offences for the killings of Ranbir, Simla, Seema and a child, Rahul. The trial court sentenced the appellants to death and the others to life imprisonment; the High Court affirmed the death sentences.…

The claimant, Surendra Nath Loomba, lost both eyes when a car insured by Oriental Insurance Company Ltd. collided with a tree; he claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.20,97,984, which the High Court reduced to Rs.16,42,656, holding the ins…

The State of Rajasthan challenged a sale of land by members of a Scheduled Caste to Aanjaney Organic Herbal Pvt. Ltd., a private limited company, on the ground that Section 42(b) of the Rajasthan Tenancy Act, 1955 renders such a transfer void. The company argued that the term "person" in the provision should be given i…

M/S Payal Vision Ltd., the landlord, filed a suit for possession and mesne profits against Radhika Choudhary, the tenant, alleging a lease of Rs.50,000 per month and a notice under Section 106 of the Transfer of Property Act terminating the tenancy due to unauthorized structural changes. The tenant contested the nature…

The appellant lodged an FIR alleging that the accused, Shiv Raj Singh (alias Lalla Babu), a known history‑sheeter, orchestrated the kidnapping, confinement for eight days and assault of Bihari Lal under threat, offences punishable under Sections 364 and 506 IPC. The trial court denied bail, but the High Court granted b…

The husband of the appellant applied for a Freedom Fighters' Pension under the "Underground Freedom Fighter" category as per the Maharashtra Government Resolution of 4 July 1995, submitting various certificates and affidavits. The State Government rejected the claim, stating there was no concrete evidence, and the High…

The dispute involved a suit for possession of land in Himachal Pradesh that had passed through several owners and litigants. The defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint on the ground that it was barred by provisions of Order IX and Ord…

The dispute involved alleged illegal disposal of association plots through forged documents, leading Respondent No.2 to lodge an FIR against three accused, including the appellant. The appellant sought quash of the FIR under Section 482 of the CrPC, but the High Court dismissed the application. Subsequently, the appell…

Ramesh Chilwal was convicted of murder under IPC s.302, offences under the Gangsters Act s.213 and the Arms Act s.27, and sentenced to life imprisonment, ten years rigorous imprisonment, and seven years rigorous imprisonment respectively, along with fines and compensation. The High Court affirmed these convictions and …

The Supreme Court Bar Association (SCBA) sought clarification on the criteria devised by its Implementation Committee to identify members who regularly practice before the Supreme Court and are therefore eligible to vote in SCBA elections under the "One Bar One Vote" principle. Various suggestions were made, including …

The appellant Jagroop Singh was convicted of murder under IPC sections 302, 34 and 201 based on circumstantial evidence that the victim was last seen with the accused, voluntary extra‑judicial confessions, and the recovery of a blood‑stained spade. The appellant challenged the conviction, arguing that the time gap betw…

The appellant Union of India challenged the High Court's order granting disability pension to Talwinder Singh, a former infantry soldier who suffered a left‑eye injury while on annual leave at his home. The injury was examined by the Release Medical Board, which concluded the disability was 30% permanent but neither at…

The respondents purchased a house in Lucknow, paid stamp duty based on its residential use at the time of sale, and executed a sale deed on 16 April 2003. A spot inspection by the District Magistrate later found a larger area and higher valuation, leading the Additional Collector to issue an order under the Indian Stam…

The appellant, HDFC, granted a loan to the borrower (defendant No.1) who executed a loan agreement, a promissory note and created an equitable mortgage. Two other defendants stood as guarantors and signed letters of guarantee. After the borrower defaulted, HDFC sued both the borrower and the guarantors, but the borrowe…