RAJEEV KUMARversusSTATE OF HARYANA
2013 INSC 73631 October 2013Case Partly allowed
The appellant Rajeev Kumar was convicted for dowry death (s.304B IPC) after his wife Vandana gave two dying declarations alleging dowry harassment and set herself on fire. The Supreme Court examined whether the dying declarations were admissible despite the post‑mortem finding that her larynx and trachea were charred. …
T.S.R. SUBRAMANIAN & ORS.versusUNION OF INDIA & ORS.
2013 INSC 73831 October 2013Disposed off
Retired civil servants filed writ petitions under Article 32 seeking a mandamus directing the Union, State Governments and Union Territories to create an independent Civil Services Board (CSB), to fix a minimum tenure for civil servants, and to require recording of all oral instructions in writing. The Court examined c…
STATE OF RAJASTHANversusBALVEER @ BALLI AND ANR.
2013 INSC 73731 October 2013Appeal(s) allowed
The State of Rajasthan appealed the acquittal of Balveer and Ram Niwas for rape (IPC 376(2)(g)) and murder (IPC 302 r/w 34). The sole eyewitness, Rajesh, was granted pardon under Section 306 CrPC and testified as an approver. The Supreme Court held that an approver need not incriminate himself or be privy to the crime;…
STATE BANK OF INDIA THR. GENERAL MANAGERversusNATIONAL HOUSING BANK & ORS.
2013 INSC 50431 July 2013Disposed off
The National Housing Bank (NHB) sued State Bank of Saurashtra (later merged with SBI) for recovery of a large cheque amount, alleging that the cheque was drawn for the purchase of IRFC bonds and that the defendant had misappropriated the funds. The case was tried before a Special Court established under the Special Cou…
ASST. ENGINEER, RAJASTHAN DEV. CORP. & ANR.versusGITAM SINGH
2013 INSC 6831 January 2013Case Partly allowed
The Supreme Court examined an appeal by the employer, Asst. Engineer, Rajasthan Development Corp., against a Labour Court award that ordered reinstatement of a daily‑wage workman, Gitam Singh, with continuity of service and 25% back wages after his termination was held to violate Section 25‑F of the Industrial Disputes…
HIRAMANversusSTATE OF MAHARASHTRA
2013 INSC 6731 January 2013Dismissed
The appellant, Hiraman, was convicted of murdering his wife Chandrakala, who died from 91% burn injuries after allegedly being doused with kerosene. The conviction was based primarily on two dying declarations recorded at the hospital shortly after the incident. The appellant challenged the conviction, arguing that unc…
MAK DATA P. LTD.versusCOMMISSIONER OF INCOME TAX-II
2013 INSC 73530 October 2013Dismissed
Mak Data Ltd filed its income tax return and was selected for scrutiny. During assessment, the Assessing Officer (AO) discovered documents from a survey of a sister concern and issued a show‑cause notice. The company offered to surrender Rs 40.74 lakhs, claiming it was a voluntary disclosure to avoid litigation. The AO…
JAGDISH SINGHversusHEERALAL AND OTHERS
2013 INSC 73430 October 2013Appeal(s) allowed
The Bank of India advanced a loan secured by equitable mortgages on several properties, the title deeds of which were deposited with the bank. After the borrowers defaulted, the bank invoked the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and aucti…
VINODKUMAR M. MALAVIA ETC.versusMAGANLAL MANGALDAS GAMETI & ORS.
2013 INSC 66230 September 2013Dismissed
The case concerned the purported unification of the First District Church of the Brethren (FDCB) with the Church of North India (CNI). The appellants claimed that the unification dissolved FDCB, making CNI its legal successor and entitled to its property, which was held in a public trust regulated by the Bombay Public …
SELVI J. JAYALALITHAA & ORS.versusSTATE OF KARNATAKA & ORS.
2013 INSC 66330 September 2013Disposed off
The petitioners, accused of possessing assets disproportionate to their known income under the Prevention of Corruption Act, had their trial transferred to Karnataka where the Supreme Court directed the appointment of a Special Public Prosecutor (SPP). After a seven‑month tenure, the Karnataka Government withdrew the a…
GUDDA @ DWARIKENDRAversusSTATE OF MADHYA PRADESH
2013 INSC 66030 September 2013Disposed off
The appellant Gudda (also known as Dwarikendra) was convicted of murdering three persons – a man, his pregnant wife and their five‑year‑old son – after inviting them to his rented house for lunch. The prosecution proved that the killings were pre‑planned and motivated by the appellant's suspicion about his wife's relat…
GIRRAJ PRASAD MEENAversusSTATE OF RAJASTHAN & ORS.
2013 INSC 66130 September 2013Appeal(s) allowed
The appellant was kidnapped, as alleged in FIR No.115 of 2009 under IPC s.365, and the police investigated, recording statements under s.161 and s.164 CrPC. The charge‑sheet filed later named only two private respondents for offences under IPC s.323, s.343 read with s.34, omitting the kidnapping charge. The two accused…
ANEESH D. LAWANDE & OTHERSversusTHE STATE OF GOA AND OTHERS
2013 INSC 58030 August 2013Disposed off
The petitioners, students admitted to postgraduate medical and dental courses in Goa on the basis of NEET ranks, challenged the State of Goa's order cancelling their admissions after the Supreme Court had protected those admissions. The Supreme Court held that the State could not rescind the NEET‑based admissions, as t…
BAL GOPAL MAHESHWARI & ORSversusSANJEEV KUMAR GUPTA
2013 INSC 57930 August 2013Appeal(s) allowed
The appellants, landlords, filed an eviction suit against the respondent tenant for non-payment of rent. The tenant filed his written statement after the prescribed period and failed to deposit the rent as required, prompting the plaintiffs to invoke Order XV Rule 5 of the Code of Civil Procedure to have the defence st…
D.H.B.V.N.L. VIDYUT NAGAR, HISAR & OTHERSversusYASHVIR SINGH GULIA
2013 INSC 50230 July 2013Appeal(s) allowed
The respondent, an Assistant Law Officer of the Haryana State Electricity Board, was charge‑sheeted under Regulation 7 of the Board's Punishment and Appeal Regulations for a alleged major breach. After submitting three replies, the Board, satisfied with his explanations, chose to impose only a minor penalty—stopping on…
STATE OF M.P.versusMOHAN & OTHERS
2013 INSC 50330 July 2013Appeal(s) allowed
The accused fired multiple gunshots at complainants, causing lacerated wounds that did not involve vital organs. They were convicted under Section 307 read with Section 34 of the IPC and sentenced to three years' rigorous imprisonment by the trial court. The High Court reduced the sentence to the time already served, h…
BABUBHAI BHIMABHAI BOKHIRIA & ANR.versusSTATE OF GUJARAT & ORS.
2013 INSC 6630 January 2013Case Allowed
The petitioners were added as co-accused under Section 319 of the CrPC in a murder trial that had already examined 134 witnesses. They sought a stay of the addition and of the trial, arguing that a blanket stay violated their right to a speedy trial under Article 21. The Supreme Court examined whether the stay order of…
M/S. PARAGON RUBBER INDUSTRIESversusM/S. PRAGATHI RUBBER MILLS & ORS.
2013 INSC 79829 November 2013Dismissed
The plaintiff, Paragon Rubber Industries, filed a suit in the District Court of Kottayam seeking relief under the Copyright Act, 1957 and the Trade and Merchandise Marks Act, 1958. The defendants challenged the suit's territorial jurisdiction, arguing that the court lacked jurisdiction under the 1958 Act. The trial cou…
AGRICULTURAL PRODUCE MARKET COMMITTEEversusBIOTOR INDUSTRIES LTD. & ANR.
2013 INSC 80029 November 2013Appeal(s) allowed
The Agricultural Produce Market Committee (APMC) filed a special civil application seeking to levy market fee on Biotor Industries Ltd for its purchase of castor seeds and to declare Rule 48(2) of the Gujarat Agricultural Produce Markets Rules, 1965 ultra vires of Sections 28A and 59 of the Gujarat Agricultural Produce…
MAA BINDA EXPRESS CARRIER AND ANR.versusNORTHEAST FRONTIER RAILWAY AND ORS.
2013 INSC 79629 November 2013Dismissed
Maa Binda Express Carrier submitted the highest bid for a three‑year lease of parcel‑van space on a railway train, but the Northeast Frontier Railway cancelled the tender citing technical and administrative deficiencies, including the absence of terms, conditions and a penalty clause. The carrier challenged the cancell…
AGRICULTURAL PRODUCE MARKET COMMITTEEversusBIOTOR INDUSTRIES LTD. & ANR.
2013 INSC 79929 November 2013Disposed off
The Agricultural Produce Market Committee (APMC) of Baroda levied a market fee on castor seeds purchased by Biotor Industries Ltd., an industrial concern that processes the seeds into castor oil. The company argued that the seeds were brought from outside the market area and, under Rule 48(2) of the Gujarat Agricultura…
PURUSHOTTAMversusSTATE OF KARNATAKA & ORS.
2013 INSC 79729 November 2013Dismissed
The Supreme Court considered appeals against a Karnataka High Court order that declared the allotment of Civic Amenity Site No.2, originally earmarked for a bank, to Bharat Petroleum for a petrol pump null and void. The Court examined Section 38A(1) and (2) of the Bangalore Development Authority Act, 1976, which permit…
CH. CUM MAN. DIRECTOR MAHANADI COALFIELD LTD.versusRABINDRANATH CHOUBEY
2013 INSC 73029 October 2013Disposed off
The appellant, Mahanadi Coalfield Ltd., sought to withhold the gratuity of its former Chief General Manager, Rabindranath Choubey, on the ground that a departmental inquiry for alleged misconduct was pending. The employee retired on superannuation and applied for gratuity under the Payment of Gratuity Act, 1972, which …
MANISH TRIVEDIversusSTATE OF RAJASTHAN
2013 INSC 72829 October 2013Dismissed
Manish Trivedi, an elected municipal councillor and member of the Banswara Municipal Board, was charged under Sections 7 and 13 of the Prevention of Corruption Act, 1988 for demanding a bribe in connection with a kiosk allotment. He contended that, as an elected official, he was not a "public servant" and thus could no…
STATE OF HARYANA AND ORS.versusSITA RAM AND ORS.
2013 INSC 73129 October 2013Appeal(s) allowed
The employees who had been engaged on a work‑charge basis in the Haryana Public Works Department sought to have their service counted as regular service for the purpose of obtaining benefits under the Haryana Civil Services (Assured Career Progression) Rules, 1998. The Punjab and Haryana High Court had allowed the peti…
UNITED INDIA INSURANCE COMPANY LTD.versusSUNIL KUMAR & ANR.
2013 INSC 72929 October 2013Matter referred to larger bench
The respondent filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation after a road accident, and the Motor Accident Claims Tribunal awarded Rs. 3.5 lakh. United India Insurance Company appealed, arguing that the claim was not maintainable because the claimant was the driver and no disability…
MIS. AVK TRADERSversusKERALA STATE CIVIL SUPPLIES CORPORATION LTD.
2013 INSC 73329 October 2013Appeal(s) allowed
M/s AVK Traders, a registered partnership of two partners, filed a suit for recovery of dues against Kerala State Civil Supplies Corporation. During the pendency of the suit, the appellant's father, the other partner, died, causing the partnership to dissolve under its deed. The surviving partner applied to continue th…
STATE OF BIHAR & ANR.versusLALU SINGH
2013 INSC 73229 October 2013Appeal(s) allowed
An oral statement led to registration of a murder case, initially investigated by the police station officer-in-charge. The investigation was later transferred to the Criminal Investigation Department (CID) and an Inspector of CID conducted the inquiry and filed the charge‑sheet. The accused challenged the charge‑sheet…
SINGARENI COLLIERIES CO. LTD.versusVEMUGANTI RAMAKRISHAN RAO & ORS.
2013 INSC 57829 August 2013Dismissed
The Supreme Court examined whether the time taken to obtain a certified copy of a High Court order vacating a stay could be excluded from the two‑year period prescribed under Section 11‑A of the Land Acquisition Act, 1894 for making an award. The Court held that Section 11‑A only excludes the period during which the ac…
L.S. SIKANDAR (D) BY LRS. & ORS.versusK. SUBRAMANI & ORS.
2013 INSC 57729 August 2013
The plaintiff sought specific performance of a 1983 agreement of sale and a permanent injunction, but the agreement had been terminated by a notice on 28‑03‑1985 after the plaintiff failed to pay the balance consideration and obtain required permissions within the stipulated five‑month period (extendable by two months)…
GOVINDA BALA PATIL (D) BY LRS.versusGANPATI RAMCHANDRA NAIKWADE (D) BY LRS.
2013 INSC 49929 July 2013Appeal(s) allowed
The tenant filed a proceeding under s.32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking a price determination of land he claimed to have purchased. The Additional Tahsildar held the land was leased for sugarcane and dismissed the case, but the Sub‑Divisional Officer on appeal reversed that finding, sta…
DEVENDRA KUMARversusSTATE OF UTTARANCHAL & ORS.
2013 INSC 50029 July 2013Dismissed
The appellant, a temporary constable in Uttaranchal, submitted an affidavit stating he had never been involved in any criminal case, while an FIR had been registered against him and later closed by the magistrate. The State discovered the pendency of the case during character verification and terminated his service wit…
LUCKNOW K. GRAMIN BANK (NOW ALLAHABAD, U.P. GRAMIN BANK) & ANR.versusRAJENDRA SINGH
2013 INSC 49829 July 2013Appeal(s) allowed
The Lucknow K. Gramin Bank issued identical charge‑sheets to six employees. Three of them (the respondents) denied the charges, were found guilty in a departmental enquiry and were dismissed, while the other three admitted the charges later and received a reduction in pay as a ‘minor punishment’. The respondents filed …
RAKESH KUMAR SHARMAversusGOVT. OF NCT OF DELHI & ORS.
2013 INSC 50129 July 2013Dismissed
The appellant, Rakesh Kumar Sharma, applied for a Trained Graduate Teacher (Sanskrit) post in 2007, claiming to possess a B.Ed degree that was actually declared only in January 2008, after the application deadline of 29 October 2007. He was given a provisional appointment subject to verification of his qualifications, …
G. JAYALALversusUNION OF INDIA AND OTHERS
2013 INSC 36729 May 2013Dismissed
The Supreme Court examined the appointment process for the Director General of All India Radio and Doordarshan, where the Selection Committee initially recommended G. Jayalal at the top of the list, but a subsequent Office of Special Duty directive led the Board to reorder the names, placing the fourth respondent first…
ARUN KUMAR YADAVversusSTATE OF U.P. THRU DIST. JUDGE
2013 INSC 36329 May 2013Dismissed
Arun Kumar Yadav, a litigant, entered a courtroom on 5 September 2005 and shouted threatening, unparliamentary remarks at a Judicial Magistrate who was dictating an order. The magistrate lodged a complaint, and the Allahabad High Court framed a charge of criminal contempt under Section 12 of the Contempt of Courts Act,…
SAMBHAVANAversusUNIVERSITY OF DELHI
2013 INSC 36429 May 2013Disposed off
The appellant organisation Sambhavna filed a writ petition seeking a mandamus directing the University of Delhi to introduce bridge and foundation courses, provide accessible reading material, train teachers, and include disability representatives in university bodies for visually impaired students. The University resp…
ROHTASH KUMARversusSTATE OF HARYANA
2013 INSC 36829 May 2013Dismissed
The appellant, Rohtash Kumar, was convicted of murdering his wife, Sonia, an inter‑caste spouse, after she was found dead in a hostel garden. The prosecution relied on circumstantial evidence, including the "last seen together" testimony of the hostel caretaker, the appellant's possession and use of the victim's mobile…
ENGINEERING EXPORT PROMOTION COUNCILversusUSHA ANAND AND ANOTHER
2013 INSC 36529 May 2013Appeal(s) allowed
The Engineering Export Promotion Council (EEPC) received a sum of Rs.22 lakh from Y, the husband of respondent Usha Anand, and similar amounts from his three brothers, who deposited the money voluntarily to avoid arrest, not under any court order. The brothers were later acquitted and the trial court ordered refund of …
BHADRAGIRI VENKATA RAVIversusPUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD
2013 INSC 36629 May 2013Appeal(s) allowed
The deceased Ratna Kumari died from severe burn injuries after alleging that her ex‑husband, the appellant, had poured kerosene on her and thrown a burning stove at her. Three dying declarations were recorded: two on 15‑April‑2000, which described an accidental fire and did not implicate the appellant, and a third on 2…
SATYAWATIversusRAJINDER SINGH AND ANR.
2013 INSC 29029 April 2013Appeal(s) allowed
The plaintiff, Satyawati, obtained a decree for possession of an 80‑sq‑yard plot of land on 19 January 1996. An execution petition filed in 1996 was rejected by the executing court on the ground that the decree was not executable due to contradictory reports, even though the original judgment relied on a local commissi…
HARI DASS SHARMAversusVIKAS SOOD & ORS.
2013 INSC 29129 April 2013Appeal(s) allowed
The landlord, Haridas Sharma, sought eviction of the tenants under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987, claiming a bona‑fide need for the building to be rebuilt. The Rent Controller and the Appellate Authority upheld the eviction, but the High Court, relying on Harrington House School v. S.M…
NOOR MOHAMMEDversusJETHANAND AND ANOTHER
2013 INSC 6229 January 2013Disposed off
The respondent filed a suit for injunction which was dismissed, appealed and eventually filed a second appeal in 2001. The High Court allowed the appeal after a ten‑year saga marked by repeated adjournments, non‑appearance of counsel and a dismissal for non‑prosecution in 2003, later restored in 2006 and finally admitt…
LAXMIBAI (DEAD) THR. LRS. & ANR.versusBHAGWANTBUVA (DEAD) THR. LRS. & ORS.
2013 INSC 6429 January 2013Appeal(s) allowed
The case concerned the adoption of an eight‑year‑old boy by Smt. Laxmibai, a female Hindu, under the Hindu Adoptions and Maintenance Act, 1956. The adoption deed was executed and registered on the same day as the ceremony, and the trial court held the adoption valid. The respondents claimed a special family custom proh…
STATE OF MAHARASHTRA AND OTHERSversusNOWROSJEE WADIA COLLEGE AND OTHERS
2013 INSC 6329 January 2013Appeal(s) allowed
Teachers in colleges affiliated to Pune University were paid leave encashment under university statutes 424(3) and 424(C) framed under the Poona University Act, 1974. After the Maharashtra Universities Act, 1994 repealed the 1974 Act, the State of Maharashtra directed universities to discontinue the benefit and amend t…
SARASWATI DEVI (D) BY LR.versusDELHI DEVT. AUTHORITY & ORS.
2013 INSC 6529 January 2013Dismissed
The case concerned a 5‑bigha parcel of land that was an evacuee property acquired by the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and later put up for public auction. The appellant’s husband was the highest bidder in 1958, received provisional possession in 1960, but th…
GOJER BROTHERS PRIVATE LIMITEDversusTHE STATE OF WEST BENGAL AND OTHERS
2013 INSC 79128 November 2013Appeal(s) allowed
Gojer Brothers Private Limited had leased land to a school which, after a prolonged eviction suit, continued to occupy the premises. The State of West Bengal issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire the land for the school, and the appellant filed objections under Section 5A…
M/S. GAYATRI PROJECT LTD.versusM/S. SAI KRISHNA CONSTRUCTION
2013 INSC 79028 November 2013Dismissed
Gayatri Project Ltd, the main contractor, and Sai Krishna Construction, its sub‑contractor, entered into a 2001 agreement containing an arbitration clause. The parties later signed a document dated 6 June 2003 that the appellant claimed was a full and final settlement of all disputes, but the respondent did not accept …
S.K. RATTANversusUNION OF INDIA & ORS.
2013 INSC 79328 November 2013Appeal(s) allowed
The appellant, a Deputy Superintendent of Police in the CBI, was transferred by executive order to the National Crime Records Bureau (NCRB) in 1988. While his pay was initially protected, a later pay revision granted to his CBI batchmates was not extended to him, resulting in a lower salary and pension. The appellant s…
STATE OF RAJASTHANversusSHAMBHU KEWAT AND ANOTHER
2013 INSC 79528 November 2013Appeal(s) allowed
The accused Shambhu Kewat and Banwari Kewat assaulted shopkeeper Abdul Rashid with an iron rod, causing grievous injuries and were convicted under Section 307 read with Section 34 of the IPC, receiving a ten‑year rigorous imprisonment sentence. After the conviction, the victim and the accused reached a monetary settlem…
STATE OF WEST BENGAL & ORS.versusSANKAR GHOSH
2013 INSC 79228 November 2013Appeal(s) allowed
Sankar Ghosh, a Sepoy of the Kolkata Armed Police, was arrested and charged under IPC sections 392, 395 and 412 and Arms Act sections 25 and 27 for alleged involvement in a dacoity. A departmental inquiry found him guilty and he was dismissed from service. The Sessions Court later acquitted him on the ground that the p…
MADHU @ MADHURANATHA & ANR.versusSTATE OF KARNATAKA
2013 INSC 79428 November 2013Disposed off
The appellants Maohu @ Madhuranatha and others were convicted for the robbery‑murder of the son of PW‑22, based largely on circumstantial evidence, and were sentenced to death under Sections 302 and 364 IPC read with Section 34. The Supreme Court affirmed the conviction, holding that circumstantial evidence alone can s…
M/S. SHREE MAHAVIR CARBON LTD.versusOM PRAKASH JALAN (FINANCER) & ANR.
2013 INSC 72728 October 2013Appeal(s) allowed
Shree Mahavir Carbon Ltd filed a criminal complaint under IPC sections 420, 406, 468, 471 (also 419, 486) alleging cheating, siphoning of funds and falsification of accounts by Om Prakash Jalan and others. The Judicial Magistrate took cognizance and issued summons. The respondents moved the High Court under CrPC s.482 …
SUKUMAR DEversusBIMALA AUDDY & ORS.
2013 INSC 72528 October 2013Dismissed
A decree for Rs.6,600 was passed in 1967 and the judgment debtors' property was auctioned in 1990, where the petitioners purchased it for Rs.1.5 lakh. The judgment debtor (Respondent No.4) sought to set aside the sale under Order 21 Rule 89 of the CPC, leading to a series of revisions and recalculations of the amount d…
STATE OF ORISSAversusKANHU CHARAN MAJHI
2013 INSC 72628 October 2013Dismissed
The respondent, appointed as an Inspector of Supplies on a reserved SC/ST post, was found not to belong to those categories and departmental proceedings were initiated but dropped by an order dated 16 October 1995. On 4 September 2000, the Government, through an Under Secretary signing in the name of the Governor, revi…
GURJANT SINGH @ JANTAversusSTATE OF PUNJAB
2013 INSC 72428 October 2013Appeal(s) allowed
Gurjant Singh (Janta) was seized with three gunny bags containing poppy husk while riding a tractor trolley. The police officer who stopped the vehicle offered the appellant the right to have the search conducted in the presence of a gazetted officer or magistrate as required by Section 50 of the NDPS Act, and the appe…
SR. TEWARIversusUNION OF INDIA AND ANR.
2013 INSC 36128 May 2013Disposed off
S.R. Tewari, an IPS officer on deputation with the BSF, was subjected to disciplinary proceedings resulting in eight charges, of which only charges 4 and 6 were held proved. The disciplinary authority initially dismissed him, the Central Administrative Tribunal reinstated him, and the Delhi High Court directed a fresh …
RAVIRALA LAXMAIAHversusSTATE OF A.P.
2013 INSC 35728 May 2013Dismissed
The appellant, Ravirala Laxmaiah, was convicted for murdering his wife Balamani by strangulation and for dowry-related harassment under IPC sections 302 and 404. The trial court and High Court relied on circumstantial evidence, the appellant’s failure to explain the death (last‑seen theory), false statements to the vic…
SUJIT BISWASversusSTATE OF ASSAM
2013 INSC 35928 May 2013Appeal(s) allowed
The appellant was accused of raping and murdering a three‑year‑old girl and was convicted under Sections 376(2)(f) and 302 IPC, receiving a death sentence which was later commuted to life imprisonment. The prosecution's case rested mainly on two circumstantial facts – the appellant pointing out the location of the vict…
STATE OF MAHARASHTRA THROUGH C.B.I.versusMAHESH G. JAIN
2013 INSC 36028 May 2013Appeal(s) allowed
The CBI investigated a complaint that Mahesh G. Jain, an SBI clerk, demanded and accepted a Rs.1,000 bribe to issue TDS certificates and was caught in a trap operation. The investigating agency obtained a sanction order from the competent authority and filed a charge‑sheet under Sections 7 and 13(1)(d) of the Preventio…
KUSTI MALLAIAHversusTHE STATE OF ANDHRA PRADESH
2013 INSC 35828 May 2013Dismissed
The appellant Kusti Malliah and his co‑accused were convicted for the murder of Neelagiri Parvamma and for stealing her ornaments, offences punishable under IPC ss.302, 404 read with s.34. The prosecution relied primarily on the testimony of a sole eye‑witness (PW‑6) who saw the assault from a distance, corroborated by…
STATE OF RAJASTHANversusBHERU LAL
2013 INSC 35628 May 2013Appeal(s) allowed
The respondent Bheru Lal was arrested for possession of opium after a police trap was set up based on information from a reliable informer. The search, seizure and arrest were carried out by Sub‑Inspector Parveen Vyas, who was temporarily in charge of the Station House Officer (SHO) at the time. The High Court acquitte…
KARAN SINGHversusSTATE OF HARYANA AND ANR.
2013 INSC 35528 May 2013Dismissed
Karan Singh was convicted for the murder of Raj under IPC s.302, the prosecution alleging a motive of non‑payment of Rs 47,000 for a buffalo. Eye‑witnesses Maya Devi (PW‑3) and her daughter Birma (PW‑4) saw the appellant dragging the victim with a rope, and an independent witness (PW‑8) corroborated the allegation. The…
STATE OF ANDHRA PRADESHversusSTATE OF MAHARASHTRA & ORS.
2013 INSC 12928 February 2013Disposed off
The State of Andhra Pradesh filed a suit under Article 131 of the Constitution seeking to restrain Maharashtra from constructing the Babhali barrage within the water spread area of Andhra's Pochampad dam and from drawing water from it. The dispute centered on the interpretation of the 6 October 1975 water‑sharing agree…
MOHINDER SINGHversusSTATE OF PUNJAB
2013 INSC 6128 January 2013Disposed off
Mohinder Singh was convicted of murdering his wife and daughter with an axe after a history of rape, intimidation and prior convictions. The trial court sentenced him to death, which the High Court confirmed under Section 366 of the CrPC. The Supreme Court examined whether the "rarest of rare" doctrine justified the de…
B. THIRUMALversusANANDA SIVAKUMAR AND ORS.
2013 INSC 78727 November 2013Dismissed
The appellant, a diploma‑holder Junior Engineer in the Tamil Nadu Public Works Department, challenged the practice of re‑designating Junior Engineers as Assistant Engineers upon acquiring a degree and then empaneling them for promotion under both the 25% quota reserved for the Subordinate Engineering Service and the 75…
K.C. BAJAJ AND OTHERSversusUNION OF INDIA AND OTHERS
2013 INSC 78827 November 2013Appeal(s) allowed
The appellants, doctors employed in Central Health Services and Railways, sought inclusion of the Non‑Practicing Allowance (NPA) in the computation of their pension, arguing that an Office Memorandum dated 29‑Oct‑1999 unjustly excluded NPA for those who retired before 1 January 1996. The Union of India relied on the de…
LAKHA RAM SHARMAversusBALAR MARKETING PRIVATE LIMITED & ORS.
2013 INSC 78927 November 2013Appeal(s) allowed
The appellant, who had been using the trademark KUNDAN for his cable business since 1980, filed an injunction suit against the respondent for using the same mark. While the suit was pending, the respondent obtained registration of the mark in 1995. The appellant then filed a rectification application under Sections 45,…
PEOPLE'S UNION FOR CIVIL LIBERTIES & ANR.versusUNION OF INDIA & ANR.
2013 INSC 65527 September 2013Disposed off
The Supreme Court entertained a writ petition filed by People's Union for Civil Liberties and others challenging Rules 41(2), 41(3) and 49‑0 of the Conduct of Election Rules, 1961, which required a presiding officer to record a remark and obtain the voter’s signature/thumb impression when the voter chose not to cast a …
STATE OF RAJASTHANversusJAMIL KHAN
2013 INSC 65727 September 2013Disposed off
The State of Rajasthan appealed against the High Court's commutation of a death sentence to life imprisonment for Jamil Khan, who was convicted of raping and murdering a girl under five years old and also convicted under IPC sections 376 and 201. The Supreme Court held that the High Court had not examined the aggravati…
RANJIT SINGHversusSTATE OF M.P. AND OTHERS
2013 INSC 65627 September 2013Disposed off
The appellant was charged with murder and related offences and first sought anticipatory bail under Section 438 of the CrPC, which was rejected. The High Court later ordered him to surrender and apply for regular bail, but the Sessions Judge, misreading that order, granted bail under Section 439 without applying the st…
TAMIL NADU RURAL DEVELOPMENT ENGINEERS ASSOCIATIONversusTHE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT & ORS.
2013 INSC 65827 September 2013Dismissed
The Tamil Nadu Rural Development Engineers Association, whose members were originally appointed as Overseers in the Highways Department, were absorbed into the Rural Development (RD) Department as Overseers and later promoted to Assistant Engineers. They contended that their prior service should be counted for seniorit…
POONGODI & ANR.versusTHANGAVEL
2013 INSC 65927 September 2013Appeal(s) allowed
The wife and son of Thangavel filed successive applications under Section 125 of the CrPC for maintenance, claiming arrears from February 1993. The High Court limited their claim to arrears of only one year preceding the 2002 application, invoking the first proviso to Section 125(3). The Supreme Court held that the pro…
BALDEV KRISHANversusSATYA NARAIN
2013 INSC 57327 August 2013Appeal(s) allowed
Baldev Krishan, the landlord, filed an eviction suit under s.13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, claiming bonafide need for himself, his wife and family. The trial court and the first appellate court decreed in his favour, but during the pendency the landlord's wife died. The Hi…
RAJASTHAN AGRICULTURE UNIVERSITY, BIKANERversusSTATE OF RAJASTHAN & ORS.
2013 INSC 57127 August 2013Appeal(s) allowed
The Rajasthan Agriculture University accepted a belated option from an employee (respondent No.2) to remain under the Contributory Provident Fund (CPF) scheme, although the option was submitted after the three‑month deadline prescribed in a 1991 notification. Upon retirement, the employee received CPF benefits and late…
LAXMI NARAIN MODIversusUNION OF INDIA AND OTHERS
2013 INSC 57527 August 2013Hearing Adjourned
The Supreme Court, hearing Laxmi Narain Modi v. Union of India (Writ Petition (C) No. 309 of 2003), examined whether State Committees constituted under the Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 were functioning effectively and whether the states had complied with earlier court directions on ani…
BHAJAN SINGHversusSTATE OF UTTARAKHAND & ORS.
2013 INSC 57627 August 2013Appeal(s) allowed
The appellant, Bhajan Singh, challenged the appointment of respondent No.4 as Managing Director of the Uttarakhand Peyjal Sanshadhan Vikas Avam Nirman Nigam, alleging that three disciplinary charge‑sheets pending against the appointee were not disclosed to the Selection Committee. The Committee, which was required unde…
CHENDA @ CHANDA RAMversusSTATE OF CHHATISGARH
2013 INSC 57227 August 2013Case Partly allowed
The appellant, Chenoa (also known as Chanda Ram), was convicted under Section 302 IPC for the death of Ramgulal during a village quarrel and sentenced to life imprisonment. On appeal, the Supreme Court examined whether the killing qualified as culpable homicide not amounting to murder under Exception 4 to Section 300 I…
SHIMBHU AND ANR.versusSTATE OF HARYANA
2013 INSC 56827 August 2013Dismissed
Shimbhu and another were convicted of gang rape and related offences under Sections 376(2)(g), 366, 342, 363, 506 and 34 of the IPC and sentenced to ten years' rigorous imprisonment. They appealed, seeking reduction of the sentence on the basis of a compromise with the victim, the passage of time since the offence, and…
UNION OF INDIA AND ORS.versusSHRI BHANWAR LAL MUNDAN
2013 INSC 57427 August 2013Case Partly allowed
The respondent, a railway employee, was sent on deputation to a construction organization where he earned a higher pay scale. Upon repatriation, he was selected for a promotional post in his parent department and his pay was fixed based on the higher deputation salary, which was later found to be erroneous. The account…
ADVOCATES ASSOCIATION,, BANGALOREversusUNION OF INDIA & ORS
2013 INSC 56927 August 2013Appeal(s) allowed
On 2 March 2012 a former Karnataka minister was to be produced before the City Civil Court Complex, Bangalore, triggering a large crowd, a scuffle between advocates, police and media persons, and subsequent violence that injured many and led to over 191 FIRs. The Advocates Association filed writ petitions seeking a CBI…
SWAMY DEVI DAYAL HOSPITAL & DENTAL COLLEGEversusTHE UNION OF INDIA & ORS.
2013 INSC 57027 August 2013Disposed off
Swamy Devi Dayal Hospital & Dental College sought renewal of its Master of Dental Surgery (MOS) courses in two specialties for the 2013‑14 academic year. The Dental Council of India (DCI) inspected the college, found deficiencies and recommended to the Central Government that permission not be renewed. The Central Gove…
ESHA EKTA APARTMENTS CO-OPERATIVE HOUSING SOCIETY LIMITED AND OTHERSversusMUNICIPAL CORPORATION OF MUMBAI AND OTHERS
2013 INSC 12827 February 2013Dismissed
The case involved several cooperative housing societies that had purchased flats in a development where the builders constructed additional floors and exceeded the permitted Floor Space Index (FSI) in violation of the sanctioned plan and municipal regulations. The societies sought a mandamus directing the Mumbai Munici…
STATE OF ORISSA & ORS.versusSRI JAGABANDHU PANDA
2013 INSC 12727 February 2013Disposed off
Jagabandhu Panda was appointed as Ore Dressing Engineer in 1984. He claimed the post was a cadre position and sought promotion, filing representations soon after joining. The government treated the post as ex‑cadre, later upgrading it temporarily but refusing further promotion. The State appealed the Administrative Tri…
MRS. SARAH MATHEWversusTHE INSTITUTE OF CARDIOVASCULAR DISEASES BY ITS DIRECTOR - DR. K.M. CHERIAN & ORS.
2013 INSC 78426 November 2013Reference answered
The Constitution Bench examined whether, for computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973, the relevant date is the filing of the complaint or the institution of prosecution, or the date a magistrate takes cognizance. The Court resolved a conflict between earlier decision…
CHIRONJILAL SHARMA HUFversusUNION OF INDIA AND ORS.
2013 INSC 78526 November 2013Appeal(s) allowed
The appellant, Chironjilal Sharma HUF, had Rs 2,35,000 seized from his house during a search on 31 January 1990. An order under Section 132(5) of the Income Tax Act was passed on 31 May 1990, and the Assessing Officer appropriated the seized cash against the tax liability. The Income Tax Appellate Tribunal set aside th…
INDRA SARMAversusV.K.V. SARMA
2013 INSC 78626 November 2013Dismissed
The appellant, an unmarried woman, lived with the respondent, a married man, for about 14 years and claimed that his failure to maintain her constituted domestic violence under the Protection of Women from Domestic Violence Act, 2005. The respondent argued that their relationship was a mere live‑in arrangement, not a "…
KAMLESH KUMAR AND ORS.versusTHE STATE OF JHARKHAND AND ORS.
2013 INSC 65426 September 2013Dismissed
The petitioners, children of a former Director of Animal Husbandry, were charged under Section 56 of the Foreign Exchange Regulation Act (FERA) for receiving foreign exchange. While the cases were pending before the Chief Judicial Magistrate, the State Government, with the High Court's resolution, transferred them to a…
M/S. LARSEN & TOUBRO LIMITED & ANR.versusSTATE OF KARNATAKA & ANR.
2013 INSC 65326 September 2013Reference answered
The Supreme Court examined whether agreements between a developer and flat purchasers constitute "works contracts" under Art.366(29‑A)(b) and whether the State can levy sales tax on the goods used in such contracts. It held that a construction agreement, even when coupled with a transfer of immovable property, remains …
PEPSU ROAD TRANSPORT CORPORATIONversusNATIONAL INSURANCE COMPANY,
2013 INSC 56326 August 2013Appeal(s) allowed
The Pepsu Road Transport Corporation (PRTC) owned a bus driven by Nirmal Singh, who was involved in a fatal accident. The claimants obtained compensation from the Motor Accidents Claims Tribunal, but the insurer, National Insurance Company, was absolved on the ground that the driver’s licence was fake. PRTC appealed, a…
COMMISSIONER OF CENTRAL EXCISE, JALANDHARversusM/S. KAY KAY INDUSTRIES
2013 INSC 56526 August 2013Dismissed
Kay Kay Industries claimed a deemed MODVAT credit of Rs.77,546 in March 2000 based on invoices from its input supplier, who later was found not to have paid full excise duty for the period covered. The Revenue issued a show‑cause notice, disallowed the credit and imposed a penalty, which was upheld by the adjudicating …
MASTER MALLIKARJUNversusDIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED & ANR.
2013 INSC 56426 August 2013Appeal(s) allowed
The appellant, a 12‑year‑old child, was hit by a motorcycle and suffered multiple injuries resulting in a 34% disability of the right lower limb and an 18% disability of the whole body. The Motor Accidents Claims Tribunal awarded Rs.63,500 and the Karnataka High Court enhanced it to Rs.1,09,500, which the child challen…
ECON ANTRI LTD.versusROM INDUSTRIES LTD. & ANR.
2013 INSC 56126 August 2013Reference answered
The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act must be filed within one month of the cause of action arising, and specifically whether the day the cause of action arose should be counted in the 30‑day period prescribed by Section 142(b). Relying on Section 9 of the Ge…
GURVAIL SINGH @ GALAversusSTATE OF PUNJAB
2013 INSC 56726 August 2013
Gurvail Singh was convicted of murdering four persons under Sections 302 and 34 of the IPC and was sentenced to death. The High Court upheld the death sentence, but the Supreme Court commuted it to life imprisonment with a direction that the petitioner serve 30 years without remission. The petitioner filed a writ petit…
KISHAN GOPAL & ANR.versusLALA & ORS.
2013 INSC 56626 August 2013Appeal(s) allowed
The parents of a ten‑year‑old boy filed a claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 seeking compensation for his death in a tractor‑trolley accident caused by the driver (respondent No.1). The Motor Accident Claims Tribunal rejected the claim, holding that the plaintiffs failed to prove …
KAMLESH PRABHUDAS TANNA & ANOTHERversusSTATE OF GUJARAT
2013 INSC 56226 August 2013Disposed off
The appellant Kamlesh Prabhudas Tanna and his mother were convicted for dowry harassment, abetment of suicide and culpable homicide after the death of Sandhya, the sister of the informant, who allegedly committed suicide. The trial court found the prosecution evidence sufficient under IPC sections 304‑8, 306, 498A, 34 …
STATE OF BIHAR & ORSversusARBIND
2013 INSC 49726 July 2013Disposed off
Arbind, a headmaster, was suspended pending a departmental enquiry and was required to remain at the headquarters. His salary and subsistence allowance were not paid, forcing him to leave the headquarters due to poverty, after which he missed the enquiry and was dismissed ex‑parte. He challenged the dismissal; the High…
THAMMU PANDURANGA RAO & ANR.versusSTATE OF ANDHRA PRADESH
2013 INSC 28826 April 2013Dismissed
The appellants (A‑1 and A‑2) and others assaulted the deceased and his family with sticks, causing fatal abdominal injuries and other wounds. They were convicted by the trial court under IPC sections 304, 323 and 325 and sentenced to ten years rigorous imprisonment. The High Court modified the conviction under section …
BHARAT BHUSHANversusSTATE OF HIMACHAL PRADESH
2013 INSC 28326 April 2013Disposed off
Bharat Bhushan was convicted by the Himachal Pradesh High Court for raping an 11‑year‑old girl under IPC s.376 and sentenced to five years' rigorous imprisonment and a fine. He contended that, being a juvenile (under 18) at the time of the offence, the Juvenile Justice (Care and Protection of Children) Act, 2000, parti…
GUIRAM MONDALversusSTATE OF WEST BENGAL
2013 INSC 28426 April 2013Dismissed
Guiram Mondal, the tenth accused in a double murder case, appealed his conviction under Sections 302 and 148 of the IPC. The trial court had acquitted all accused except one, relying heavily on the absence of the accused's names in the inquest report. The High Court reversed this, holding that the trial court overlooke…