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Judgments of 2012

620 judgments · newest first · showing 1–200

SOMANversusSTATE OF KERALA

2012 INSC 616Dismissed

The appellant, a retail vendor, was convicted for selling spurious liquor adulterated with methyl alcohol that caused one death and serious illness to many. The trial court sentenced him to two years rigorous imprisonment on each count; the High Court enhanced the term to five years, citing the …

Y.K. SINGLAversusPUNJAB NATIONAL BANK & ORS.

2012 INSC 619Disposed off

Y.K. Singla, a former chief manager of Punjab National Bank, retired on superannuation in 1996 but his gratuity and other retiral benefits were withheld pending criminal proceedings alleging conspiracy. He was acquitted in 2009 and subsequently received his gratuity and leave encashment, but the …

ATTAR SINGHversusSTATE OF MAHARASHTRA

2012 INSC 620Case Partly allowed

The appellant, Attar Singh, was convicted of murder under Section 302 IPC for killing his wife by striking her with a wooden log, and was also tried under Section 498A IPC for cruelty. The trial court relied heavily on the testimony of the couple's daughter, who later turned hostile, but the court …

MST. PARAM PAL SINGH THROUGH FATHERversusM/S NATIONAL INSURANCE CO. & ANR.

2012 INSC 621Appeal(s) allowed

The appellant, an adopted son of a truck driver who died while driving a long‑distance haul, claimed compensation under the Workmen's Compensation Act, 1923. The Supreme Court examined whether the adoption was valid under Hindu law and whether the driver’s death constituted an "accident" arising out …

RAM VISWASversusTHE STATE OF MADHYA PRADESH

2012 INSC 613Dismissed

The appellant, Ram Viswas, was convicted of murdering his wife by pouring kerosene on her and setting her ablaze. The victim, Maladeep, gave a dying declaration naming her husband as the perpetrator, which was recorded by a Naib Tahsildar after medical certification of her fitness to testify. The …

KUMAR ETC. ETC.versusKARNATAKA INDUSTRIAL COOP. BANK LTD. & ANR.

2012 INSC 614Appeal(s) allowed

The Karnataka Industrial Co-operative Bank alleged that the appellants obtained loans by pledging fake gold ornaments and secured convictions in a criminal revision proceeding. The trial court had acquitted the appellants, but the High Court, exercising its revisional jurisdiction under Sections 397 …

PRADIP KUMARversusUNION OF INDIA AND ORS.

2012 INSC 612Disposed off

Pradip Kumar, a Judicial Member of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) appointed directly from the Bar, was discharged from service on 20 November 2009 under Rule 8(3) of the Tribunal Rules, allegedly in response to a complaint by members of the Bar and a report by the …

CHANDRADHOJA SAHOOversusSTATE OF ORISSA AND OTHERS

2012 INSC 617Appeal(s) allowed

The appellant, Chandradhoja Sahoo, claimed to be a landless person who was granted a lease of two acres of surplus government land in 1979, but the Record of Rights was never corrected. The State of Orissa alleged that the 1979 case file, including the lease order, was forged and that the land, …

LAHU KAMLAKAR PATIL AND ANR.versusSTATE OF MAHARASHTRA

2012 INSC 618Appeal(s) allowed

The appellants were convicted for the murder of a man named Bhau Harishchandra Patil based on the testimony of PW‑2, an alleged eye‑witness, and PW‑1, an informant who later turned hostile. The Supreme Court examined whether the hostile witness’s evidence could be wholly rejected, whether the …

KISHAN CHANDversusSTATE OF HARYANA

2012 INSC 588Appeal(s) allowed

Kishan Chand was convicted under Section 18 of the NDNDPS Act for allegedly possessing 3.8 kg of opium recovered from his scooter after a police raid based on secret information. The appellant challenged the conviction, arguing that the police failed to comply with the mandatory requirements of …

BIHAR PUBLIC SERVICE COMMISSIONversusSAIYED HUSSAIN ABBAS RIZWI & ANR.

2012 INSC 589Appeal(s) allowed

The Bihar Public Service Commission (BPSC) was petitioned under the Right to Information Act, 2005 for the names, designations and addresses of members of its interview board. While the Commission disclosed most of the requested information, it refused to reveal the interviewers' details, invoking …

PARSHAVANATH CHARITABLE TRUST & ORS.versusALL INDIA COUNCIL FOR TECH. EDU & ORS.

2012 INSC 591Dismissed

The Parshavanath Charitable Trust ran an engineering college that shifted to a new site in May 2008 without obtaining the No‑Objection Certificate or prior approval required under Clause 9.22 of the AICTE Handbook. Although AICTE later granted approval for the 2008‑09 and 2009‑10 academic years, the …

STATE OF PUNJABversusGIAN CHAND & ORS.

2012 INSC 594Case Partly allowed

Employees of the Punjab State Electricity Board who retired between 31 July 2003 and 30 October 2006 challenged a circular dated 29 July 2003 that replaced the pension‑commutation table, alleging it was arbitrary, discriminatory and violative of Article 14. The High Court quashed the circular and …

RADHAKRISHNA NAGESHversusSTATE OF ANDHRA PRADESH

2012 INSC 595Dismissed

The appellant, a ball‑picker at a university tennis court, was convicted under Sections 363 and 376(2)(f) IPC for raping an 11‑year‑old maid after luring her with the promise of bangles and taking her into a storeroom. The trial court had acquitted him, but the High Court reversed that judgment on …

STATE OF MADHYA PRADESH & ORS.versusKU. SANDHYA TOMAR & ANR.

2012 INSC 602Appeal(s) allowed

Respondent No.1 was temporarily appointed as Project Director of the Child Labour Elimination & Rehabilitation Society through the Employment Exchange without any public advertisement. She later left the Society to join a post in the Panchayat & Rural Development Department, was repatriated but was …

BUDHI SINGHversusSTATE OF H.P.

2012 INSC 603Disposed off

Budhi Singh, the younger brother of Ganga Ram, was charged with murder after he struck his drunken brother on the head with a small axe (tobru) when their father was being assaulted. The trial court convicted him under Section 302 IPC and sentenced him to life imprisonment; the High Court affirmed. …

SUKHDEV SINGHversusSTATE OF HARYANA

2012 INSC 608Appeal(s) allowed

The appellant was arrested after a raid on his house on 4 February 1994, during which poppy husk was seized and he was convicted under Section 15 of the NDPS Act. The sole issue raised was that the investigating officer failed to reduce the secret information to writing and report it to his superior …

JEEWAN & ORS.versusSTATE OF UTTARAKHAND

2012 INSC 611Dismissed

The appellants were convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for stabbing the deceased while two others held him, based on eyewitness testimony of three witnesses and medical evidence. They challenged the conviction on four grounds: denial of a fair hearing …

DIRECTOR GENERAL OF POSTS & ORS.versusK. CHANDRASHEKAR RAO

2012 INSC 599Dismissed

The Supreme Court examined the validity of terminating appointments made under the 1998 Compassionate Appointment Scheme, which allowed up to 5% of direct‑recruitment vacancies in Group C/D posts to be filled on compassionate grounds. Office Memorandums issued in 2001, 2002 and 2006 altered the …

MANOHAR S/O MANIKRAO ANCHULEversusSTATE OF MAHARASHTRA AND ANR

2012 INSC 604Appeal(s) allowed

Manohar, a former Superintendent and Public Information Officer, was recommended for disciplinary action by the Maharashtra State Information Commission for allegedly failing to provide information under the Right to Information Act, 2005. The Commission issued its order without hearing the officer, …

VINAY TYAGIversusIRSHAD ALI @ DEEPAK & ORS.

2012 INSC 587Case Partly allowed

The case concerned an FIR alleging terrorist activities against Irshad Ali and another accused, who claimed to be informers and were allegedly falsely implicated. The Delhi Special Cell filed a police report under Section 173(2) CrPC, after which the High Court ordered a CBI inquiry and later a …

SANDESH ALIAS SAINATH KAILASH ABHANGversusSTATE OF MAHARASHTRA

2012 INSC 590Case Partly allowed

The appellant, Sandesh alias Sainath Kailash Abhang, entered a house pretending to be a mechanic, robbed valuables, brutally assaulted the elderly resident and a five‑month‑pregnant woman, inflicted numerous injuries, amputated fingers, and raped the pregnant woman before killing the elderly lady. …

SAHABUDDIN & ANR.versusSTATE OF ASSAM

2012 INSC 592Dismissed

The appellant Sahabuddin and his brother‑in‑law Sarifuddin were convicted for the murder of Sahabuddin's wife, Sajna Begum, based on circumstantial evidence and the testimony of several relatives who observed injuries on the deceased. The prosecution established a chain of events showing the …

COURT ON ITS OWN MOTIONversusUNION OF INDIA & ORS.

2012 INSC 593Disposed off

The Supreme Court, on its own motion, took notice of press reports of numerous deaths and inadequate facilities during the 2012 Amarnath Yatra. It issued notices to the Union of India, the State of Jammu & Kashmir and the Amarnath Shrine Board, and constituted a Special High Powered Committee (SHPC) …

YANAB SHEIKH@ GAGUversusSTATE OF WEST BENGAL

2012 INSC 596Dismissed

The appellant Yanab Sheikh was convicted for murdering Samim Ali by throwing a bomb, under IPC s.302 and the Indian Explosives Act s.9(b)(ii). The prosecution’s case rested on eyewitness statements and forensic evidence. The appellant challenged the conviction on five grounds, chiefly that the …

STATE OF U.P. & ORS.versusASHOK KUMAR NIGAM

2012 INSC 598Dismissed

Ashok Kumar Nigam, a District Government Counsel, applied for renewal of his term. The State Government declined renewal by a blanket order dated 3 April 2008, without considering the recommendations of the District Judge and District Magistrate as required by the Legal Remembrancer's Manual. The …

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYAversusSTATE OF U.P. & ORS.

2012 INSC 600Disposed off

The Supreme Court considered multiple writ petitions and appeals filed by private teacher‑education colleges, including Maa Vaishno Devi Mahila Mahavidyalaya, which had obtained recognition from the National Council for Teacher Education (NCTE) but were denied affiliation by universities and the …

KRISHANversusSTATE OF HARYANA

2012 INSC 605Dismissed

Krishan was charged under Sections 302, 498A and 109 read with Section 34 of the IPC for allegedly setting his wife Rani on fire. Rani gave a dying declaration implicating Krishan, which was recorded by a Sub‑Divisional Judicial Magistrate after a medical certificate of fitness. The trial court …

ANJU CHAUDHARYversusSTATE OF U.P. & ANR.

2012 INSC 606Dismissed

The case concerned whether a second FIR could be registered in relation to communal violence in Gorakhpur and whether the accused was entitled to a hearing before such registration. The appellant, Anju Chaudhary, challenged a High Court order directing the magistrate to register a new FIR under …

AKHILESH YADAV ETC. ETC.versusVISHWANATH CHATURVEDI & ORS.

2012 INSC 607Disposed off

The Supreme Court reviewed a 2007 order that directed the Central Bureau of Investigation (CBI) to inquire into alleged disproportionate assets of a political family and to submit its report to the Union of India. The petitioners sought a review, arguing that the Court lacked jurisdiction to order a …

ASHOK KUMARversusSTATE OF UTTARAKHAND & ORS.

2012 INSC 609Disposed off

Ashok Kumar filed a civil suit for a temporary injunction against Mona Sharma, seeking peaceful possession of a disputed land. While the suit was pending, Mona Sharma filed an application under Section 145 of the CrPC, leading the Sub‑Divisional Magistrate (SOM) to attach the property under Section …

HARADHAN DASversusSTATE OF WEST BENGAL

2012 INSC 610Dismissed

Haradhan Das was convicted for murder under Section 302 read with Section 149 of the IPC for a dacoity in which the deceased Barindra Nath Mukherjee was killed. The trial court had acquitted three co‑accused on the ground of non‑identification, but the Supreme Court held that the prosecution proved …

KASHMIR KAUR & ANR.versusSTATE OF PUNJAB

2012 INSC 585Dismissed

Kashmir Kaur and another were convicted under Section 3048 IPC (dowry death) read with Section 34 IPC and Section 498A IPC for the death of the deceased woman, which occurred 11 months after her marriage. The prosecution proved that the victim was repeatedly harassed and tortured by her …

DEOKI PANJHIYARAversusSHASHI BHUSHAN NARAYAN AZAD & ANR.

2012 INSC 586Appeal(s) allowed

The husband filed a writ petition challenging the interim maintenance granted to his wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that she was already married to another man, as evidenced by a marriage certificate under the Special Marriage Act, 1954. …

DR. MOHAMMAD KHALIL CHISTIversusSTATE OF RAJASTHAN

2012 INSC 584Disposed off

The case arose from a 1992 altercation in Ajmer that resulted in the death of Idris and injuries to several persons, leading to two FIRs (cross‑FIRs). The trial court convicted four accused (Yasir, Khalil, Akil and Farukh) under Sections 302 and 324 read with Section 34 of the IPC and sentenced them …

U. SREEversusU. SRINIVAS

2012 INSC 578Dismissed

The marriage between U. Sree and U. Srinivas broke down, leading the wife to file a petition for restitution of conjugal rights and the husband to file for divorce on the ground of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Family Court and the Madras High Court granted …

PURNO AGITOK SANGMAversusPRANAB MUKHERJEE

2012 INSC 573Dismissed

In the 2012 presidential election, petitioner Purno Agitok Sangma challenged the election of Pranab Mukherjee on the ground that Mukherjee held two "offices of profit" – Chairman of the Indian Statistical Institute (ISI) and Leader of the House in the Lok Sabha – at the time of filing his …

BHASKAR LAXMAN JADHAV & ORS.versusKARAMVEER KAKASAHEB WAGH EDUCATION SOCIETY & ORS.

2012 INSC 582Disposed off

The trustees of Shri Vyankatesh Mandir Trust sought to sell nine acres of agricultural land belonging to the trust, entering into multiple agreements with the petitioners and repeatedly applying to the Joint Charity Commissioner (JCC) for extensions of time to complete the sale. The JCC rejected …

KUMARI SHAIMA JAFARIversusIRPHAN @ GULFAM AND ORS.

2012 INSC 583Appeal(s) allowed

The case concerned a criminal appeal filed by the State against an acquittal of the accused Irphan @ Gulfam and others. The Allahabad High Court dismissed the Government appeal in a cryptic order, merely referring to paragraphs of the trial‑court judgment and without giving any reasons. The …

SANJEEV KUMAR SAMRATversusNATIONAL INSURANCE CO. LTD. AND OTHERS

2012 INSC 576Dismissed

The owner of a goods vehicle insured the truck with National Insurance Co. and hired it to transport goods. During the journey the hirer and two of his labourers were killed in an accident. The legal heirs of the deceased filed claims under the Motor Vehicles Act, 1988. The Motor Accident Claims …

AJAY MAKENversusADESH KUMAR GUPTA & ANR.

2012 INSC 577Disposed off

The Delhi High Court dismissed an election petition challenging the 2009 Lok Sabha election of Ajay Maken on grounds of alleged corrupt practices. The appellant argued that the petition should be thrown out for (i) the copy served on him not being a true copy under Section 81(3) of the …

KOTAK MAHINDRA BANK LTD.versusHINDUSTAN NATIONAL GLASS & IND. LTD. AND ORS.

2012 INSC 580Disposed off

The Supreme Court examined whether the Reserve Bank of India's Master Circular on wilful default applies to defaults arising from derivative transactions or is limited to traditional lender‑borrower relationships. Kotak Mahindra Bank had classified Hindustan National Glass and other parties as …

OMA @ OMPRAKASH AND ANR.versusSTATE OF TAMIL NADU

2012 INSC 581Appeal(s) allowed

The appellants were convicted under IPC sections 395, 396 and 397 for a burglary‑murder that occurred in 1995. Both were arrested ten years later; an identification parade was held only for A1, who later died, while no parade was conducted for A2. The trial court sentenced both to death under …

KUKAPALLI MOHAN RAOversusSTATE OF A.P.

2012 INSC 574Dismissed

The appellant, KUKAPALLI MOHAN RAO, was convicted of murder under Section 302 IPC for allegedly hacking the deceased with an axe, motivated by a suspicion of an illicit relationship between the deceased and the appellant's wife. The prosecution relied on the eyewitness testimony of the deceased's …

COMMISSIONER OF CENTRAL EXCISE, VADODARAversusGUJARAT NARMADA VALLEY FERTILIZERS COMPANY

2012 INSC 575Matter referred to larger bench

The appellant, Commissioner of Central Excise, challenged the assessee Gujarat Narmada Valley Fertilizers Ltd.’s claim of Cenvat credit on duty‑paid Low Sulphur Heavy Stock (LSHS) used as fuel to generate steam and electricity for producing fertilizer, a product exempt from excise duty. The …

NARAIN PANDEYversusPANNALAL PANDEY

2012 INSC 572Case Partly allowed

The appellant filed a complaint under the Advocates Act alleging that the respondent advocate had filed vakalatnamas without authority and forged fictitious compromise deeds, thereby defrauding parties in consolidation courts. The State Bar Council's Disciplinary Committee examined oral and …

GURMINDER SINGH KANGversusSHIV PRASAD SINGH & ORS.

2012 INSC 569Disposed off

Shiv Prasad Singh, a government employee, was reappointed in 1980 with a condition that he would not receive any future promotions. He later sought time‑bound promotions under a state scheme, and the Patna High Court held that despite the reappointment condition, he was entitled to such promotions …

THE STATE OF KARNATAKA & ORS.versusVIVEKANANDA M. HALLUR & ORS.

2012 INSC 570Appeal(s) allowed

The Karnataka government allotted residential sites to members of a charitable society (the Sangha) through lease‑cum‑sale agreements, which were stamped and later, after ten years, converted into absolute sale deeds. The stamp duty on the sale deeds was collected on the market value at the time of …

RITESH SINHAversusTHE STATE OF UTIAR PRADESH & ANR.

2012 INSC 571Matter referred to larger bench

The appellant was summoned by a Chief Judicial Magistrate to give a voice sample to aid the investigation of an alleged recruitment scam. He challenged the summons on the ground that it violated Article 20(3) of the Constitution and that no statutory provision empowered a magistrate to order a voice …

SRI BHAGWANversusSTATE OF U.P.

2012 INSC 568Dismissed

The appellant, Sri Bhagwan, was convicted for murdering Yogender Nath Bhargava by pouring acid on him, an offence initially registered under Section 326 IPC and later altered to Section 302 IPC. The prosecution relied on the testimony of two eyewitnesses (PW‑1 and PW‑3) who claimed to have seen the …

AKIL@ JAVEDversusSTATE OF NCT OF DELHI

2012 INSC 567Dismissed

The appellant Akil @ Javed was convicted for murder (IPC s.302) and robbery (IPC s.392) along with a co‑accused. The prosecution relied on the testimony of several eye‑witnesses, especially PW‑20 who identified the appellant, and on the recovery of a Rado watch and gold chain from the appellant that …

STATE OF GUJARAT & ANOTHERversusMANOHARSINHJI PRADYUMANSINHJI JADEJA

2012 INSC 564Appeal(s) allowed

The State of Gujarat and the Mamlatdar sought to enforce the Gujarat Agricultural Lands Ceiling Act, 1960 against Manoharsinhji Pradyumansinhji Jadeja, whose 587 acres of land were declared surplus. Jadeja contended that the lands were "urban land" under the Urban Land (Ceiling and Regulation) Act, …

JAYESH DHANESH GORAGANDHIversusMUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.

2012 INSC 566Dismissed

The appellants, heirs of a plot of land in Borivali, challenged the reservation of their land for a municipal office under a Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the scheme was finalized, an arbitrator determined compensation, …

JEETU @ JITENDERA & ORS.versusSTATE OF CHHATTISGARH

2012 INSC 563Appeal(s) allowed

The appellants were convicted under Sections 147 and 327/149 of the IPC and sentenced to three months and three years rigorous imprisonment respectively. In the High Court appeal they did not contest the conviction but sought a reduced sentence, which the High Court partially granted by lowering the …

SURAJIT SARKARversusSTATE OF WEST BENGAL

2012 INSC 565Disposed off

The case involved the murder of Gour Chandra Sarkar, for which six persons, including Surajit Sarkar, were charged. The trial court convicted Surajit under Section 302 IPC, while acquitting the other accused, and the High Court upheld this conviction. On appeal, the Supreme Court examined whether a …

SASIKUMAR & ANR.versusSTATE OF KERALA

2012 INSC 561Case Partly allowed

The appellants and a third accused were caught with two cans containing 40 litres of arrack in an auto‑rickshaw and were convicted under Section 8(1) read with 8(2) of the Kerala Abkari Act. The trial court sentenced them to three years' rigorous imprisonment, a fine of Rs 1,00,000 and a default …

GUDU RAMversusSTATE OF HIMACHAL PRADESH

2012 INSC 562Disposed off

Gudu Ram was accused of assaulting his cousin Dalip Singh and another resident, Jai Pal Singh, with a wooden stick (thapi), resulting in Dalip Singh's death. The sole eyewitness, Jai Pal Singh, turned hostile during trial, yet the trial court and High Court convicted the appellant for murder under …

KRISHAN LALversusSTATE OF RAJASTHAN & ANR.

2012 INSC 554Disposed off

Krishan Lal was convicted of murder and originally sentenced to death, which was later commuted to life imprisonment. The Supreme Court, in Subash Chander v. Krishan Lal (2001), held that his life sentence meant imprisonment for the rest of his life, precluding any commutation or premature release …

NATIONAL BANK OF OMANversusBARAKARA ABDUL AZIZ & ANR.

2012 INSC 556Disposed off

The National Bank of Oman filed a private complaint in the Court of the Chief Judicial Magistrate (CJM), Ahmednagar, alleging that Barakara Abdul Aziz cheated the bank of AED 43,15,000. The CJM issued process under IPC sections 418 and 420 without first conducting an enquiry or ordering an …

STATE BANK OF INDIA AND OTHERSversusPALAK MODI AND ANOTHER

2012 INSC 558Dismissed

The case concerned two probationary officers of State Bank of India who were terminated after being alleged to have used unfair means in a confirmation test. The bank, relying on a report from the Institute of Banking Personnel Selection (IBPS) and seating‑arrangement evidence, extended their …

RAM KARAN GUPTAversusJ.S. EXIM LTD. AND ORS.

2012 INSC 559Dismissed

In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging …

N.V. SUBBA RAOversusSTATE, THROUGH INSPECTOR OF POLICE, CBI/SPE,VISAKHAPATNAM, A.P.

2012 INSC 560Dismissed

The case involved a bank manager (A‑1) and a private firm proprietor (A‑2) who were accused of conspiring to defraud the Central Bank of India by sanctioning loans without obtaining mandatory undertaking letters, bypassing pre‑inspection requirements, and crediting the proceeds to A‑2’s account. The …

PRAVIN GADA AND ANOTHERversusCENTRAL BANK OF INDIA AND OTHERS

2012 INSC 557Disposed off

The Supreme Court dealt with the sale of immovable property of Jay Electric Wire Corporation Ltd., a company under liquidation, which had been sold to the appellants for Rs. 2.50 crore in 2006. Secured creditors and the workmen's union challenged the sale, alleging procedural irregularities, unfair …

THE DEPUTY INSPECTOR GENERAL OF POLICE & ANR.versusS. SAMUTHIRAM

2012 INSC 550Appeal(s) allowed

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 …

PRAMOD BHANUDAS SOUNDANKARversusSTATE OF MAHARASHTRA

2012 INSC 551Case Partly allowed

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 …

BHUPENDRA NATH HAZARIKA AND ANOTHERversusSTATE OF ASSAM AND ORS.

2012 INSC 553Dismissed

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 …

STATE OF HARYANA & ANR.versusKARTAR SINGH (D) THROUGH LRS.

2012 INSC 549Disposed off

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 …

CIPLA LTD.versusUNION OF INDIA & ORS.

2012 INSC 542Disposed off

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 …

RAJU @ BALACHANDRAN & ORS.versusSTATE OF TAMIL NADU

2012 INSC 543Dismissed

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 …

GURPAL SINGHversusHIGH COURT OF JUDICATURE FOR RAJASTHAN

2012 INSC 544Case Partly allowed

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 …

M/S. LAXMI DYECHEMversusSTATE OF GUJARAT & ORS.

2012 INSC 546Appeal(s) allowed

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, …

MADALA VENKATA NARSIMHA RAOversusSTATE OF A.P.

2012 INSC 548Case Partly allowed

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 …

UNION OF INDIA & ORS.versusN.R. PARMAR & ORS.

2012 INSC 547Appeal(s) allowed

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 …

ALOK KUMAR PANDITversusSTATE OF ASSAM & ORS.

2012 INSC 541Dismissed

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 …

JASVIR KAURversusSTATE OF PUNJAB

2012 INSC 540Case Partly allowed

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 …

CHAIRMAN, LIC OF INDIA & ORS.versusA. MASILAMANI

2012 INSC 538Appeal(s) allowed

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 …

VADLAKONDA LENINversusSTATE OF ANDHRA PRADESH

2012 INSC 531Dismissed

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 …

VASANTI BHATversusPREMLATA AGARWAL & ANR. ETC.

2012 INSC 532Disposed off

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 …

SURESH & ORS.versusSTATE OF MADHYA PRADESH

2012 INSC 533Appeal(s) allowed

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 …

SATISH MEHRAversusSTATE OF N.C.T. OF DELHI & ANR.

2012 INSC 529Disposed off

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 …

SRI DEBENDRANATH NANDAversusSHRI CHANDRA SHEKHAR KUMAR

2012 INSC 536Appeal(s) allowed

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 …

INDRA KUMAR PATODIA & ANR.versusRELIANCE INDUSTRIES LTD. AND ORS.

2012 INSC 534Dismissed

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 …

RAKESH KAPOORversusSTATE OF HIMACHAL PRADESH

2012 INSC 535Appeal(s) allowed

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 …

BHARAT SONI ETC.versusSTATE OF CHHATISGARH

2012 INSC 537Case Partly allowed

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 …

BUSI KOTESWARA RAO & ORS.versusSTATE OF A.P.

2012 INSC 530Dismissed

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 …

R.K. ANANDversusREGISTRAR, DELHI HIGH COURT

2012 INSC 523Disposed off

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 …

MATHAI SAMUEL AND ORS.versusEAPEN EAPEN (DEAD) BY LRS. AND ORS.

2012 INSC 526Appeal(s) allowed

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, …

SHAILENDRA BHARDWAJ & OTHERSversusCHANDRA PAL & ANOTHER

2012 INSC 527Dismissed

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 …

GURMAIL SINGHversusSTATE OF PUNJAB & ANR.

2012 INSC 528Dismissed

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 …

SURINDER KUMARversusSTATE OF PUNJAB

2012 INSC 524Dismissed

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 …

KUNJUMON @ UNNIversusSTATE OF KERALA

2012 INSC 525Case Partly allowed

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 …

NATIONAL INSURANCE COMPANY LTD.versusBALAKRISHNAN & ANOTHER

2012 INSC 521Case Partly allowed

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 …

SANGEET & ANR.versusSTATE OF HARYANA

2012 INSC 522Case Partly allowed

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 …

ORIENTAL INSURANCE COMPANY LTD.versusSURENDRA NATH LOOMBA AND OTHERS

2012 INSC 520Disposed off

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 …

SHEORAJ SINGH AHLAWAT & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2012 INSC 515Dismissed

The appellants, the husband and his parents‑in‑law, were charged under Section 498A IPC for alleged dowry harassment and a specific incident of abandonment. They sought discharge under Section 239 of the CrPC, claiming the allegations were false. The Supreme Court examined the scope of Section 239 …

RAM CHANDRA BHAGATversusSTATE OF JHARKHAND

2012 INSC 513Dismissed

The appellant, Ram Chandra Bhaghat, was convicted under Section 493 of the Indian Penal Code for deceiving the complainant into believing she was his lawful wife, cohabiting with him for nine years and bearing two children. The prosecution proved that the appellant obtained a signed marriage …

M/S. NAGARJUNA CONSTN. CO. LTD.versusGOVERNMENT OF INDIA & ANR.

2012 INSC 516Dismissed

M/s Nagarjuna Construction Co. Ltd. entered into composite construction contracts and paid service tax before 1 June 2007 under the then‑applicable clauses (zzd), (zzq) and (zzzh) of Section 65(105) of the Finance Act, 1994. After the amendment introducing clause (zzzza) and the Works Contracts …

C.K. JAFFER SHARIEFversusSTATE (THROUGH CBI)

2012 INSC 517Appeal(s) allowed

C.K. Jaffer Sharief, then Union Railway Minister, was accused of having the Managing Directors of RITES and IRCON approve the travel of four persons to London for his medical treatment, allegedly causing pecuniary loss to the PSUs. The FIR alleged that the journeys were arranged without any public …

SHANTIBHAI J. VAGHELA AND ANR.versusSTATE OF GUJARAT AND ORS.

2012 INSC 518Dismissed

Two minor children residing in a Gurukul (ashram) went missing and were later found dead in the Sabarmati river. An FIR was lodged against seven ash​ram inmates under Section 304 IPC (culpable homicide not amounting to murder), Section 23 of the Juvenile Justice Act and other offences. The High …

EX-HAV. SATBIR SINGHversusTHE CHIEF OF THE ARMY STAFF, NEW DELHI & ANR.

2012 INSC 514Case Partly allowed

The appellant, a Havildar in the Indian Army, was discharged on 1 April 1995 after a show‑cause notice alleging four "Red Ink Entries" in his service record. He challenged the discharge in the Delhi High Court, which set aside the termination but ordered his reinstatement without salary or other …

AYAAUBKHAN NOORKHAN PATHANversusTHE STATE OF MAHARASHTRA & ORS.

2012 INSC 512Disposed off

The appellant, Aymubkhan Noorkhan Pathan, was appointed as a senior clerk in the Aurangabad Municipal Corporation under a Scheduled Tribe reservation based on a caste certificate that declared him a member of the Bhil Tadvi tribe. Respondent No.5, a general‑category citizen, alleged that the …

VOLTAS LIMITEDversusTEHSILDAR, THANE & ORS.

2012 INSC 511Appeal(s) allowed

The Maharashtra government acquired land for Voltas Ltd. and issued an allotment order in 1969 restricting alienation without prior permission and mandating use for workers' housing. Voltas later obtained an exemption under the Urban Land (Ceiling and Regulation) Act, 1976, to develop surplus land …

TARA CHAND & ORS.versusGRAM PANCHAYAT JHUPA KHURD & ORS.

2012 INSC 510Dismissed

The appellants, Tara Chand and others, claimed occupancy rights over a 78-kanal land in Jhupa Khurd, asserting they were tenants under Sections 5 and 8 of the Punjab Tenancy Act, 1887. Their ancestors had been recorded as joint‑owners (hisedars) of the shamilat deh since before 1935‑36 and paid …

ROHITASH KUMAR & ORS.versusOM PRAKASH SHARMA & ORS.

2012 INSC 509

The case concerned the seniority of Assistant Commandants in the Border Security Force who were selected in a single recruitment process but trained in two separate batches (Batch 16 starting 1‑Feb‑1993 and Batch 17 starting 2‑July‑1993). A promoted officer (respondent No.1) who joined on …

VIPUL SHITAL PRASAD AGARWALversusSTATE OF GUJARAT & ANR.

2012 INSC 508Dismissed

Dr. Vipul Shital Prasad Agarwal, a Superintendent of Police, was arrested in connection with FIR No.115 of 2006 concerning a alleged fake encounter. The Supreme Court had directed the CBI to take over the investigation and the CBI registered a fresh FIR, but the original charge‑sheet filed under the …

SATHYA NARAYANANversusSTATE REP. BY INSPECTOR OF POLICE

2012 INSC 505Dismissed

The case involved twelve accused members of an ashram who were charged with murdering a woman, Leelavathi, who was a trustee of the ashram. The prosecution relied on circumstantial evidence, including the fact that the accused were last seen with the deceased, distress cries heard by a neighbor, …

GURCHARAN SINGHversusSURJIT SINGH AND ANR.

2012 INSC 507Disposed off

The petitioner filed Special Leave Petition (SLP) No.7735 of 2010 against respondent Surjit Singh, who had actually died on 09‑06‑2009, a fact discovered only later. The petitioner then moved Interlocutory Application (I.A.) No.2 seeking substitution of the deceased respondent’s legal …

THE STATE OF MAHARASHTRA & ORS. ETC.ETC.versusSAEED SOHAIL SHEIKH ETC. ETC.

2012 INSC 504Case Partly allowed

The State of Maharashtra transferred a group of under‑trial prisoners from Arthur Road Jail in Bombay to other jails, citing overcrowding and security concerns, and the jail authorities later used force to quell a disturbance involving some of those prisoners. The prisoners filed writ petitions …

TUKARAM KANA JOSHI & ORS. THR. POWER OF ATTORNEY HOLDERversusM.I.D.C. & ORS.

2012 INSC 503Appeal(s) allowed

The appellants' ancestral land was notified for acquisition in 1964, but the acquisition proceedings lapsed while the State took possession and handed it over to the Maharashtra Industrial Development Corporation without paying compensation. The appellants filed a writ petition seeking compensation, …

GWALIOR SUGAR CO. LTD. & ANR.versusANIL GUPTA AND ORS.

2012 INSC 506Appeal(s) allowed

Gwalior Sugar Co. Ltd., a private limited company, was granted 215 bighas of land in 1941-42 for setting up a sugar factory, with pattas prohibiting agricultural use. Facing financial difficulties, the company sold about 9 bighas of surplus land, leading to a public interest litigation alleging …

SUBULAXMIversusM.D., TAMIL NADU STATE TRANSPORT CORPORATION

2012 INSC 502Case Partly allowed

The claimant, a 30‑year‑old bus worker, suffered amputation of her left leg and right foot in a motor vehicle accident and claimed Rs 6,50,000 as compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 2,00,000, including Rs 86,000 for permanent …

PURUSHOTTAM DAS BANGUR & ORS.versusDAYANAND GUPTA

2012 INSC 500Appeal(s) allowed

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 …

ANUP SARMAHversusBHOLA NATH SHARMA AND ORS.

2012 INSC 496Dismissed

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 …

UNION OF INDIA & ORS.versusDINESH PRASAD

2012 INSC 497Appeal(s) allowed

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 …

RAMACHANDRANversusSTATE OF KERALA

2012 INSC 498Dismissed

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 …

M/S THAKKER SHIPPING P. LTD.versusCOMMISSIONER OF CUSTOMS (GENERAL)

2012 INSC 499Dismissed

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 …

RAJESH AWASTHIversusNAND LAL JAISWAL & ORS.

2012 INSC 495Dismissed

The appellant, Rajesh Awasthi, was appointed Chairperson of the Uttar Pradesh State Electricity Regulatory Commission after a Selection Committee forwarded his name with a note that the government must first ensure compliance with Section 85(5) of the Electricity Act, 2003. The petitioner challenged …

SUMIT TOMARversusTHE STATE OF PUNJAB

2012 INSC 489Dismissed

The appellant was stopped by police and found driving a car containing two bags of poppy straw, which were mixed and sampled before being seized. He was convicted under Section 15 of the NDPS Act for possessing a commercial quantity of the contraband and sentenced to ten years' rigorous …

K. SURESHversusNEW INDIA ASSURANCE CO. LTD. AND ANR

2012 INSC 490Case Partly allowed

K. Suresh was injured in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs.25,00,000 in various heads including permanent disability and loss of earning capacity. The Madras High Court reduced the award to Rs.9,78,000, deleting the permanent disability component and lowering …

NAZMAversusJAVED @ ANJUM

2012 INSC 491Appeal(s) allowed

The appellant filed an FIR under dowry and related offences against the respondent. The respondent's family filed a criminal miscellaneous writ petition seeking to quash the FIR; the High Court stayed the arrest of the respondent and ordered a monthly deposit of Rs 2,000. After the investigation …

SAYED MOHD. AHMED KAZMIversusSTATE, GNCTD & ORS.

2012 INSC 487Appeal(s) allowed

The appellant, Sayed Mohd. Ahmed Kazmi, was arrested in connection with an alleged bomb attack and was placed in police and then judicial custody. After the initial 90‑day period expired, the Chief Metropolitan Magistrate extended his custody for another 90 days with retrospective effect, despite …

SAJEESH BABU K.versusN.K. SANTHOSH & ORS.

2012 INSC 492Appeal(s) allowed

The appellant was selected for an LPG distributorship by Bharat Petroleum Corporation Ltd. after an interview and evaluation by an expert committee, which also verified the authenticity of his experience certificates. Respondent No.1 challenged the genuineness of those certificates, alleging the …

PRADEEP KUMAR SHARMAversusU.P.F.C. RAJPUR ROAD, DEHRADUN & ORS.

2012 INSC 493Appeal(s) allowed

The Uttar Pradesh Financial Corporation (UPFC) had taken a mortgage over a parcel of land to secure a loan. After the borrower defaulted, UPFC advertised the property for sale under s.29 of the State Financial Corporation Act, 1951 and accepted the highest bid from Pradeep Kumar Sharma, who paid the …

THE STATE OF MAHARASHTRAversusVISHWANATH MARANNA SHETTY

2012 INSC 494Appeal(s) allowed

The State prosecuted Vishwanath Maranna Shetty, accused No.9 in a Maharashtra Control of Organized Crime Act (MCOCA) case, alleging that he managed funds for an organised crime syndicate and abetted the murder of Farid Tanasha. The Special Court denied his bail application, but the Bombay High Court …

MEDHA KOTWAL LELE AND OTHERSversusUNION OF INDIA

2012 INSC 488Disposed off

The Supreme Court heard a group of public‑interest writ petitions concerning the ineffective implementation of the Vishaka guidelines on sexual harassment at workplaces. The Court examined affidavits from State Governments showing that many had failed to amend the Central Civil Services (Conduct) …

SABEEHA FAIKAGE & ORS.versusUNION OF INDIA & ORS.

2012 INSC 486Disposed off

The petitioners, relatives of ten Indian seafarers who disappeared when the foreign‑flagged tug Jupiter‑6 went missing in September 2005, filed a writ under Article 32 seeking a marine casualty investigation and compensation, alleging violation of their right to life under Article 21. The Court …

ASHOKversusRAJENDRA BHAUSAHEB MULAK

2012 INSC 479Matter referred to larger bench

In the Maharashtra Legislative Council election, Ashok lost to Rajendra by four votes and filed an election petition alleging that at least five of the fourteen votes counted were improperly received because voters were accompanied by another person, violating Rule 39 of the Conduct of Election …

SATISH BATRAversusSUDHIR RAWAL

2012 INSC 480Appeal(s) allowed

The appellant, a seller, entered into an agreement for sale of immovable property with the respondent, a purchaser, wherein the purchaser paid Rs.7,00,000 as earnest money. The agreement stipulated that if the purchaser failed to pay the balance consideration by a specified date, the earnest money …

SATBIR @ LAKHAversusSTATE OF HARYANA

2012 INSC 481Dismissed

The appellant, Satbir (also identified as A‑2), was in charge of collecting donations for a temple festival. After the festival, members of the complainant party questioned the use of the remaining funds, leading to a heated quarrel in a tailor's shop. The appellant and other accused restrained the …

RATNAGIRI GAS & POWER PVT. LTD.versusRDS PROJECTS LTD. & ORS.

2012 INSC 482Appeal(s) allowed

The joint‑venture Ratnagiri Gas & Power Pvt. Ltd. (RGPPL) cancelled a breakwater tender after discovering that the lowest bidder, RDS Projects Ltd., did not meet the qualifying criteria of a 400‑metre offshore breakwater. RDS first withdrew a writ petition (8252/2010) with liberty to challenge its …

KISHORE SAMRITEversusSTATE OF U.P. & ORS.

2012 INSC 483Disposed off

Kishore Samrite, a former MLA, filed writ petition No.111/2011 in the Allahabad High Court as a next friend of three residents of Amethi, alleging their illegal detention and a rape by Rahul Gandhi (respondent No.6). A second writ petition No.125/2011 was filed by Gajendra Pal Singh as a next friend …

DEVINDER @ KALA RAM & ORS.versusTHE STATE OF HARYANA

2012 INSC 484Case Partly allowed

The appellants Devinder @ Kala Ram, his mother and his brother's wife were convicted under Sections 498-A and 304-B of the IPC for dowry harassment and the death of Devinder's wife by burns. The Supreme Court examined the evidence, finding that witnesses PW‑2 to PW‑5 reliably proved continuous dowry …

SHREE SHYAM AGENCYversusUNION OF INDIA & OTHERS

2012 INSC 485Dismissed

Shree Shyam Agency, a sugar manufacturer, booked a consignment under a "Self" basis and retained the railway receipt, but the buyer failed to pay and the goods were delivered to a third party without authority. The agency filed a claim petition before the Railway Claims Tribunal seeking compensation …

GEETA MEHROTRA & ANR.versusSTATE OF U.P. & ANR.

2012 INSC 478Appeal(s) allowed

The wife filed an FIR in Allahabad alleging dowry harassment, physical and mental torture by her husband and his family, naming the husband, his parents, brother and sister. The brother and sister, who were unmarried, sought quashing of the criminal proceedings under Section 482 of the CrPC, …

STATE OF GUJARAT AND ANR.versusGUJARAT REVENUE TRIBUNAL BAR ASSOCIATION AND ANR.

2012 INSC 476Dismissed

The State of Gujarat appointed the Secretary to the Government as President of the Gujarat Revenue Tribunal, a move challenged on the ground that the post is a judicial office and requires the High Court's consultation under Article 234 of the Constitution. The Gujarat High Court held that the …

KANWAR SINGH MEENAversusSTATE OF RAJASTHAN & ANR.

2012 INSC 477Disposed off

The appellant, brother of the murder victim, challenged the Rajasthan High Court’s order granting bail to the accused, Khushi Ram Meena, in a case involving murder and related offences (IPC ss.147,148,149,364,302). The Supreme Court examined the principles governing bail under Section 439(2) of the …

SELVAMversusTHE STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE

2012 INSC 475Case Partly allowed

The case arose from a land dispute that led to an assault on 16 November 2006, during which the accused A‑1, A‑6 and A‑7 struck the victim's head with the blunt side of an aruval and a stick, causing injuries that led to the victim's death after nine days. The trial court and the High Court had …

PUBLIC UNION FOR CIVIL LIBERTIESversusSTATE OF TAMIL NADU & ORS.

2012 INSC 472Disposed off

The Public Union for Civil Liberties filed a public‑interest writ petition seeking enforcement of the Bonded Labour System (Abolition) Act, 1976 and the rehabilitation of freed bonded labourers. The Supreme Court examined the persistent non‑compliance of several states and Union Territories with …

UCO BANK & ORS.versusSUSHIL KUMAR SAHA

2012 INSC 474Appeal(s) allowed

The respondent, a senior manager of UCO Bank, was transferred to the head office where the bank discovered serious loan sanctioning irregularities committed during his tenure at a branch. The bank issued a charge‑sheet and, under a 2004 note and circular, the Assistant General Manager (AGM) of the …

MURUGESAN AND ORS.versusSTATE THROUGH INSPECTOR OF POLICE

2012 INSC 467Appeal(s) allowed

The trial court acquitted 23 accused of charges including criminal conspiracy (s.120B IPC) and murder (s.302 IPC) based on inconsistencies in eyewitness testimony, a doubtful dying declaration, and lack of corroborative evidence. The Madras High Court reversed the acquittal of 19 accused, convicting …

BABY DEVASSY CHULLY @ BOBBYversusUNION OF INDIA & ORS.

2012 INSC 468Dismissed

The appellant, Bobby, was arrested for alleged diesel oil smuggling and granted bail on 12 April 2005, which he did not avail, remaining in custody when a preventive detention order was issued under COFEPOSA on 3 May 2005. He challenged the order by filing a writ petition under Article 226, which …

REV. MOTHER MARYKUTTYversusRENI C. KOTTARAM & ANOTHER

2012 INSC 469Appeal(s) allowed

The respondent alleged that the appellant, Rev. Mother Marykutty, had issued a post‑dated cheque of Rs.25 lakhs for construction work which later bounced, leading to a complaint under Section 142 of the Negotiable Instruments Act, 1881. The trial court acquitted the appellant, holding that she had …

STATE OF U.P.versusMUNESH

2012 INSC 470Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Munesh, who was charged with raping and murdering an 11‑year‑old girl. The trial court had convicted him under Sections 302 and 376 of the IPC, but the High Court set aside the conviction, citing contradictions in the statements of two …

PRATAPBHAI HAMIRBHAI SOLANKIversusSTATE OF GUJARAT AND ANOTHER

2012 INSC 471Disposed off

The appellant, Pratapbhai Hamirbai Solanki, was accused of conspiring to murder an RTI activist and was charged under Sections 302, 201 and 120‑B IPC and Sections 25(1)(b) and 27 of the Arms Act. Bail applications before the Sessions Court and the Gujarat High Court were rejected. After the High …

SURINDER SINGH BRAR AND OTHERS ETC.ETC.versusUNION OF INDIA AND OTHERS

2012 INSC 463Appeal(s) allowed

The case concerned the acquisition of about 105 acres of land in Manimajra, Chandigarh for the expansion of the Rajiv Gandhi Technology Park (Phase III). The acquisition was approved by the Adviser to the Administrator of the Union Territory based on reports of the Land Acquisition Officer (LAO), …

DAHARI & ORS.versusSTATE OF U.P.

2012 INSC 464Dismissed

The case involved the murder of Tej Bahadur, who was shot dead while traveling on a motorcycle; seven persons were initially charged under Sections 302, 149 and 148 of the IPC. The trial court convicted all seven, but the High Court later acquitted three while upholding the conviction of the …

GULZAR AHMED AZMI & ANR.versusUNI.ON OF INDIA & ORS.

2012 INSC 465Dismissed

The petitioners filed a writ petition under Articles 32 and 21 of the Constitution seeking a Supreme Court order directing the Union of India to constitute a special committee, headed by a retired Supreme Court judge, to re‑investigate all bomb‑blast cases since 2002, alleging that innocent Muslim …

HINDUSTAN COPPER LTD.versusMONARCH GOLD MINING CO. LTD.

2012 INSC 466Appeal(s) allowed

The Supreme Court examined the procedure followed by the Calcutta High Court in handling applications under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrators. The High Court had a Designate Judge first determine that the request for appointment was proper …

AVTAR SINGHversusSTATE OF HARYANA

2012 INSC 462Dismissed

The case arose from a violent clash on 9 April 2003 between two groups over a disputed piece of land in Marori, Punjab. The accused, armed with gandasis, kirpans and swords, attacked members of the complainant’s family, killing Amarjit Singh (father of PW‑10) and injuring several others. The …

ABUZAR HOSSAIN @ GULAM HOSSAINversusSTATE OF WEST BENGAL

2012 INSC 461Reference answered

The appellant, Abuzar Hossain @ Gulam Hossain, claimed that he was a juvenile at the time of the alleged offence and therefore could not be tried in a regular criminal court. The claim was not raised in the trial or earlier appeals, and the question before the Supreme Court was whether a claim of …

RAJ PAUL SINGH & ANR.versusSTATE THROUGH P.S. MUSHEERABAD, HYDERABAD

2012 INSC 459Dismissed

The appellants were convicted of murder for stabbing the husband of the complainant after the husband warned them to stop abusive behavior. The trial and high courts upheld the conviction under Section 302 read with Section 34 of the IPC based on the testimony of two eye‑witnesses. On appeal, the …

TAMIL NADU WAKF BOARDversusSYED ABDUL QUADER & ORS.

2012 INSC 460Appeal(s) allowed

The Tamil Nadu Wakf Board filed a suit seeking a declaration that certain land and a superstructure were Wakf property and to obtain vacant possession. The tenant-defendants relied on the Madras City Tenants' Protection Act, 1921, asserting a right to purchase the land under Section 9 of that Act …

DIPAK KUMAR MUKHERJEEversusKOLKATA MUNICIPAL CORPORATION AND OTHERS

2012 INSC 458Appeal(s) allowed

The appellant, Dipak Kumar Mukherjee, challenged the illegal construction of a multi‑storeyed building by respondent No.7 (a construction company) that exceeded the two‑storey plan sanctioned under the Kolkata Municipal Corporation Act, 1980. Despite a stop‑work notice and a demolition order passed …

BHARAT HEAVY ELECTRICALS LTD.versusR.S. AVTAR SINGH & CO.

2012 INSC 456Dismissed

Bharat Heavy Electricals Ltd. (appellant) challenged an execution petition filed by R.S. Avtar Singh & Co. (respondent) on the ground that the arbitral award, made a rule of court on 31‑05‑1985, had been fully satisfied by part payments made in 1985 and 2000, and that no further interest could be …

PARAS NATH RAI AND OTHERSversusSTATE OF BIHAR AND ORS.

2012 INSC 457Appeal(s) allowed

A partition suit filed by the father of the appellants was dismissed by the trial court for procedural defects. The appellants filed title appeals, but while the appeals were pending the State issued a notification under Section 3 of the Bihar Consolidation of Holdings and Prevention of …

GAYTRI BAJAJversusJITEN BHALLA

2012 INSC 450Dismissed

The parties were married in 1992 and had two daughters. They obtained a decree of divorce by mutual consent in 2003, expressly agreeing that the husband would have sole custody of the children and the wife would forego visitation rights. The wife later challenged the decree on grounds of fraud and …

BALIYA@ BAL KISHANversusSTATE OF M.P.

2012 INSC 451Appeal(s) allowed

The appellants Baliya and Gopal were convicted under Sections 120B and 302 of the Indian Penal Code for the murder of Pradeep, based on alleged conspiracy to kill him after a pamphlet scandal. The prosecution relied on two alleged eye‑witnesses, one of whom was declared hostile, and on …

SUDHAKARversusSTATE OF MAHARASHTRA

2012 INSC 452Case Partly allowed

The appellant was convicted of murdering his son under Section 302 IPC and sentenced to life imprisonment. Evidence showed that only the appellant, his wife (the mother), and the deceased were present, and the appellant's blood‑stained clothes matched the victim's blood group. The trial and high …

SHAHEJADKHAN MAHEBUBKHAN PATHANversusSTATE OF GUJARAT

2012 INSC 453Disposed off

The appellants were arrested for transporting 500 grams of brown sugar, a commercial quantity under the NDPS Act, and were convicted under Sections 8(c), 21 and 29, receiving 15 years' rigorous imprisonment and a fine of Rs.1.5 lakh with a default imprisonment of three years for non‑payment. They …

MD. SAHABUDDIN & ANR.versusSTATE OF ASSAM

2012 INSC 454Dismissed

The appellants, MD Sahabuddin and others, were arrested for transporting 347 cartons of Phensedyl and 102 cartons of Recodex cough syrups, each containing codeine phosphate in quantities exceeding the limits prescribed under the Central Government notifications. They possessed no valid transport …

SHANTI DEVIversusSTATE OF RAJASTHAN

2012 INSC 455Dismissed

Shanti Devi was convicted for murder (Sec. 302 IPC) and for causing the disappearance of a body (Sec. 201 IPC) after the father of PW2 allegedly visited her house on 22‑08‑1997 and never returned. The prosecution relied on a series of circumstantial facts: the victim’s disappearance, the appellant’s …

WINSTON TAN & ANR.versusUNION OF INDIA & ANR.

2012 INSC 446Dismissed

The appellants purchased a flat from a detenu and his wife after notices under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) had been served, and later the Competent Authority forfeited the property under Section 7, declaring it vested in …

MUNISH MUBARversusSTATE OF HARYANA

2012 INSC 448Dismissed

The appellant Munish Mubar was convicted for the murder of Ashok Jain based on a series of circumstantial evidences, including a love triangle, the appellant's car parked at Delhi airport at the time of the murder, phone call records placing him near the crime scene, hotel stays, and recovery of …

ENVIRONMENT & CONSUMER PROTECTION FOUNDATIONversusDELHI ADMINISTRATION & ORS.

2012 INSC 442Disposed off

The Environment & Consumer Protection Foundation filed a writ petition under Article 32 seeking directions to improve basic infrastructure in government, aided and locally‑run schools so that the right to free and compulsory education under Article 21A could be realised. While the petition was …

M.R. PRABHAKAR AND OTHERSversusCANARA BANK AND OTHERS

2012 INSC 443Dismissed

The appellants were officers of Canara Bank who resigned between 1986 and June 1993, i.e., before the statutory settlement dated 29‑Oct‑1993 and the Canara Bank Employees' Pension Regulations, 1995 came into force. They claimed entitlement to a pension in lieu of the Contributory Providable Fund, …

VINOD KAPOORversusSTATE OF GOA & ORS.

2012 INSC 444Dismissed

Vinod Kapoor challenged the construction of a bungalow on C‑land in Goa, alleging violations of the Town and Country Planning Act, 1974 and the Coastal Regulation Zone notification under the Environment (Protection) Act, 1986. The Bombay High Court dismissed his writ petition on the basis of a …

GIRISH RAMCHANDRA DESHPANDEversusCEN. INFORMATION COMMR. & ORS.

2012 INSC 445Dismissed

The petitioner filed an RTI application seeking the third respondent's service records, disciplinary memos, and details of his assets and gifts, most of which were contained in his income‑tax returns. The Central Information Commissioner (CIC) held that the requested information fell within the …

IQBAL ABDUL SAMIYA MALEKversusSTATE OF GUJARAT

2012 INSC 440Disposed off

The appellants, convicted of murder under Section 302 IPC and sentenced to life imprisonment, appealed to the Gujarat High Court. The High Court affirmed the conviction without examining the complete record, including oral and documentary evidence, merely narrating the prosecution and defence cases. …

MANHARIBHAI MULJIBHAI KAKADIA & ANR.versusSHAILESHBHAI MOHANBHAI PATEL & ORS.

2012 INSC 439Appeal(s) allowed

The complainant filed a criminal complaint alleging offences under sections 420, 467, 468, 471 and 120‑B IPC. The Chief Judicial Magistrate, invoking s.202 CrPC, ordered a police investigation and later dismissed the complaint under s.203, stating the dispute was civil. The complainants sought …

ARVIND GUPTAversusUNION OF INDIA AND ORS.

2012 INSC 441Dismissed

Arvind Gupta filed a writ petition under Article 32 challenging the Comptroller and Auditor General of India's (CAG) power to issue performance audit reports under the Regulations on Audit and Accounts, 2007, framed pursuant to the Comptroller & Auditor General's (Duties, Powers and Conditions of …

SPEAKER HARYANA VIDHAN SABHAversusKULDEEP BISHNOI & ORS.

2012 INSC 437Disposed off

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 …

CHLORO CONTROLS (I) P. LTD.versusSEVERN TRENT WATER PURIFICATION INC. AND ORS.

2012 INSC 436Dismissed

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 …

MANUBHAI RATILAL PATEL TR. USHABENversusSTATE OF GUJARAT & ORS.

2012 INSC 438Dismissed

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 …

V.K. SASIKALAversusSTATE REP. BY SUPERINTENDENT OF POLICE

2012 INSC 429Disposed off

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 …

M/S NEW HORIZON SUGAR MILLS LTD.versusGOVT. OF PONDICHERRY TH. ADDL. SEC. & ANR.

2012 INSC 430Dismissed

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 …

LAXMANversusTHE STATE OF MAHARASHTRA

2012 INSC 431Dismissed

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 …

ABDUL REHMAN & ANR.versusMOHD. RULDU & ORS.

2012 INSC 432Appeal(s) allowed

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 …

COMMISSIONER OF INCOME TAX-IIversusM/S. KRISHI UTPADAN MANDI SAMITI

2012 INSC 433Dismissed

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 …

CENTRAL BUREAU OF INVESTIGATIONversusAMITBHAI ANIL CHANDRA SHAH AND ANOTHER

2012 INSC 434Dismissed

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 …

AJAY KUMAR PARMARversusSTATE OF RAJASTHAN

2012 INSC 435Dismissed

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 …

RE: SPECIAL REFERENCE N0.1 OF 2012versus--

2012 INSC 428Reference answered

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 …

ASHRAFKHAN @ BABU MUNNEKHAN PATHANversusSTATE OF GUJARAT

2012 INSC 425Disposed off

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 …

STATE OF MADHYA PRADESHversusSURENDRA KORI

2012 INSC 427Appeal(s) allowed

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 …

MSR LEATHERSversusS. PALANIAPPAN & ANR.

2012 INSC 424Reference answered

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 …

TEHRI HYDRO DEV. CORPN. LTD.& ANR.versusJAI PRAKASH ASSO. LTD.

2012 INSC 420Case Partly allowed

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 …

HUKUM CHAND GUPTAversusDIRECTOR GENERAL, ICAR & ORS.

2012 INSC 421Dismissed

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 …