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;…
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…
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. …
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 …
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…
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…
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…
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)…
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…
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 …
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 …
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…
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 …
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…
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…
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…
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…
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 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…
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…
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 …
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 …
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 …
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…
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…
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 …
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 …
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…
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…
LITTA SINGH & ANR.versusSTATE OF RAJASTHAN
2013 INSC 28526 April 2013Disposed off
The appellants Litta Singh and Kalla Singh, along with their father Boga Singh, were charged with the murder of Hansraj Singh after assaulting him with a lathi and a gandasi following a prior quarrel. The victim died the next day, leading the trial court to convict the two appellants under Section 302 IPC (murder) and …
RAJASTHAN STATE ROAD TRANSPORT CORPORATION & OTHERSversusMADU GIRI (DEAD) THROUGH LRS. & ANR.
2013 INSC 28926 April 2013
Employees of the Rajasthan State Road Transport Corporation retired in 1991-1992 and received their Contributory Provident Fund (CPF) including the employer's share. The RSRTC Employees Pension Regulations, 1989, which came into force in 1993, allowed such employees to opt for a pension scheme provided they refunded th…
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…
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 …
REPUBLIC OF ITALY & ORS.versusUNION OF INDIA & ORS.
2013 INSC 28226 April 2013Disposed off
Two Italian marines were arrested by Kerala police for killing two Indian fishermen 20.5 nautical miles off the Kerala coast. The Supreme Court earlier held that the State of Kerala lacked jurisdiction and that only the Union of India could investigate and try the marines, pending a determination of the applicability o…
SHRI ANANT R. KULKARNIversusY.P. EDUCATION SOCIETY AND ORS.
2013 INSC 28626 April 2013Appeal(s) allowed
The appellant, a retired headmaster, was dismissed after a departmental enquiry that was conducted by a two‑member committee in violation of the Maharashtra Employees of Private School Rules, 1981. The charges were vague, unspecific and not accompanied by a statement of allegations, rendering the enquiry vitiated. The …
N. NARAYANANversusADJUDICATING OFFICER, SEBI
2013 INSC 28726 April 2013Dismissed
The appellant, N. Narayanan, a whole‑time director and promoter of Mis Pyramid Saimira Theatre Ltd., was found to have participated in a scheme that inflated the company’s revenues, profits, security deposits and receivables, thereby creating artificiality in its financial statements. SEBI’s investigation revealed fals…
RAMESH KUMAR SONIversusSTATE OF MADHYA PRADESH
2013 INSC 12626 February 2013Dismissed
The appellant was charged with offences under Sections 408, 420, 467, 468 and 471 of the IPC, registered in May 2007. The Madhya Pradesh Amendment to the Code of Criminal Procedure, 1973, which came into force on 22 February 2008, shifted the jurisdiction for offences under Sections 467, 468 and 471 from a Judicial Mag…
MANOHARANversusSIVARAJAN & ORS.
2013 INSC 78125 November 2013Appeal(s) allowed
Manoharan filed a suit seeking a mandatory injunction and reconveyance of land after a loan transaction, but paid only one‑tenth of the court fee of Rs.28,797. The Sub‑Judge rejected his application for an extension of time to pay the balance fee, leading to dismissal of the suit. Manoharan appealed, also seeking condo…
SARASWATHYversusBABU
2013 INSC 78225 November 2013Appeal(s) allowed
Saraswathy, married to Babu in 2000, was subjected to dowry demands and was thrown out of the matrimonial home. She filed a petition under the Protection of Women from Domestic Violence Act, 2005 seeking protection, residence and maintenance orders. Although the trial magistrate granted these orders, Babu repeatedly re…
STATE OF GUJARATversusGIRISH RADHAKRISHNAN VARDE
2013 INSC 78325 November 2013Disposed off
The State of Gujarat appealed against the High Court’s order upholding the quashing of a magistrate’s permission to add Sections 364, 394 and 398 IPC to a charge‑sheet that had already been filed after investigation of an FIR under Section 154 CrPC. The dispute centered on whether a magistrate exercising jurisdiction u…
SAROJversusSUNDER SINGH & ORS.
2013 INSC 77925 November 2013Appeal(s) allowed
The appellant, a minor daughter, along with her two sisters sued their mother (the natural guardian) to declare a sale deed of their father's ancestral land null and void. After the father's death, the mother sold the entire property to a third party, claiming the proceeds were used for the daughters' maintenance, educ…
DEVENDRA KISHANLAL DAGALIAversusDWARKESH DIAMONDS PVT. LTD. AND ORS.
2013 INSC 78025 November 2013Appeal(s) allowed
The appellant filed complaints under Section 138 of the Negotiable Instruments Act in a Mumbai magistrate’s court, alleging that cheques were drawn and handed over in Mumbai, dishonoured in Delhi, and a legal notice was issued from Mumbai. The respondents sought to have the complaints returned under Section 201 of the …
SUDAM CHARAN DASHversusSTATE OF ORISSA & ANR.
2013 INSC 72325 October 2013Disposed off
The appellant Sudam Charan Dash sought justice for his son’s murder, leading to a non‑bailable warrant against accused Sweekar Nayak (respondent 2). Respondent 2 applied for anticipatory bail under Section 438 of the CrPC, which the Orissa High Court rejected but simultaneously directed that if he surrendered within fo…
T.C. GUPTAversusBIMAL KUMAR DUTTA & ORS.
2013 INSC 72225 October 2013Appeal(s) allowed
The Supreme Court examined contempt proceedings against T.C. Gupta, Director General of Town & Country Planning, Haryana, who had granted a licence for a residential plotted colony after the High Court had issued an interim order directing a status‑quo on allotments. The Court held that contempt is a quasi‑criminal pro…
M/S. P. DASARATHARAMA REDDY COMPLEXversusGOVERNMENT OF KARNATAKA AND ANOTHER
2013 INSC 72125 October 2013Disposed off
The appellant, a contractor, was awarded a bridge construction contract by the Government of Karnataka. Disputes arose and the contract’s Clause 29 required any dispute to be first referred to the Chief Engineer or a Designated Officer, whose decision was subject to court remedy. The contractor applied under Sections 1…
STATE OF U.P. & ORS.versusPANKAJ KUMAR VISHNOI
2013 INSC 49625 July 2013Disposed off
The petitioner, Pankaj Kumar Vishnoi, son of a Head Constable who died in service, was initially given a compassionate appointment as Constable. He later sought a compassionate appointment as Sub‑Inspector without undergoing the required physical test, after having failed such a test earlier. The High Court directed th…
UNION OF INDIA & ORS.versusRAJESH KUMAR GOND
2013 INSC 49325 July 2013Dismissed
Rajesh Kumar Gond, a Junior Hindi Translator in the Commerce Ministry, sought pay parity with Junior Translators in the Central Secretariat Official Language Service, invoking the principle of equal pay for equal work. The Central Administrative Tribunal, finding no material showing any functional distinction between t…
KANTILAL MARTAJI PANDORversusSTATE OF GUJARAT & ANR.
2013 INSC 49425 July 2013Appeal(s) allowed
The appellant, Kantilal Martaji Pandor, was married to two women; his second wife, Amriben, wrote a letter to the police alleging financial exploitation, starvation and threats, and subsequently died by jumping into a well. An FIR was lodged under Sections 498A and 306 IPC, leading to his conviction on both counts by t…
BARKU BHAVRAO BHASKARversusSTATE OF MAHARASHTRA
2013 INSC 49525 July 2013Dismissed
The appellant was charged under Sections 364, 302 and 201 of the Indian Penal Code for the murder of a six‑year‑old girl. The prosecution relied on five circumstantial facts: the child was last seen with the accused, the accused made an extra‑judicial confession, a blood‑stained shirt recovered at the accused’s request…
STATE OF J & KversusLAKHWINDER KUMAR & ORS.
2013 INSC 27925 April 2013Appeal(s) allowed
The case concerned a BSF constable and a commandant who, after a quarrel with local youths, caused the death of a teenager. The State of Jammu & Kashmir sought to have the accused tried in a criminal court, while the BSF exercised its power under Section 80 of the Border Security Force Act to transfer the case to a Sec…
PREM KAURversusSTATE OF PUNJAB AND ORS.
2013 INSC 28025 April 2013Appeal(s) allowed
Prem Kaur, a labourer, was abducted, beaten and allegedly raped by a father, his son and others. She was hospitalized, but the FIR was lodged three days later. The trial court acquitted the accused, citing the delay in filing the FIR and the improbability of a father and son raping together, without providing reasoned …
ASSOCIATION OF MANAGEMENT OF PRIVATE COLLEGES,versusALL INDIA COUNCIL FOR TECHNICAL EDUCATION & ORS.
2013 INSC 27825 April 2013Appeal(s) allowed
The Association of Management of Private Colleges, whose members are colleges affiliated to Bharathidasan University and Manonmaniam Sundaranar University, filed writ petitions seeking to bar the All India Council for Technical Education (AICTE) from exercising jurisdiction over their MBA and MCA programmes. The High C…
SHANKAR KISANRAO KHADEversusSTATE OF MAHARASHTRA
2013 INSC 28125 April 2013Disposed off
Shankar Kisanrao Khade, aged about 52, and his wife abducted an 11‑year‑old girl with moderate intellectual disability, repeatedly raped her and later strangulated her to death. The trial court and the High Court convicted Khade under IPC sections 302, 376, 366‑A, 363 r/w s.34 and sentenced him to death, while his wife…
BHARAT SANCHAR NIGAM LTD.versusS.K. BHATNAGAR & ORS.
2013 INSC 71624 October 2013Appeal(s) allowed
S.K. Bhatnagar retired from Bharat Sanchar Nigam Ltd. in 1990 and had applied for commutation of his pension before retirement. He later claimed that the commuted pension amount of Rs.87,400 was never received, leading him to file an application before the Central Administrative Tribunal (CAT) in 2007. The CAT noted di…
L. KRISHNA REDDYversusSTATE BY STATION HOUSE OFFICER & ORS.
2013 INSC 72024 October 2013Dismissed
The husband, Ramachandra Reddy, murdered his wife Sujatha in a hotel in Pondicherry and subsequently committed suicide. Charges under IPC sections 302, 498A read with 34 were framed against him and his parents, Vidyasagar and Narasamma Reddy. After the husband's death, the charge against him abated, and the parents sou…
JOGINDER SINGHversusSTATE OF HARYANA
2013 INSC 71824 October 2013Appeal(s) allowed
The appellant Joginder Singh was tried along with two others for murder, attempted murder and offences under the Arms Act arising from a land dispute that escalated into a shooting. The trial court acquitted all three accused, finding contradictions between eyewitness testimony, the ballistic report and the fact that t…
VINOD KUMARversusSTATE OF HARYANA & ORS.
2013 INSC 71924 October 2013Disposed off
The case involved several police officials whose adverse entries in Annual Confidential Reports (ACRs) were expunged by a Director General of Police (DGP) after they filed second representations many years after the first representation was rejected. The High Court had restored the original adverse remarks, leading to …
SITA RAMversusBALBIR@ BALI & ANR.
2013 INSC 71524 October 2013Appeal(s) allowed
The appellant, Sita Ram, filed an FIR alleging that Balbir (respondent No.1), an ex‑MLA, led a mob of 30‑35 armed men to his shop over a donation dispute, resulting in the death of his brother‑in‑law and injuries to several others. The Additional Sessions Judge rejected Balbir’s bail application, but the High Court lat…
DR. BALRAM PRASADversusDR. KUNAL SAHA & ORS.
2013 INSC 71724 October 2013Disposed off
Dr. Kunal Saha filed a consumer complaint after his wife died while being treated for toxic epidermal necrolysis at AMRI Hospital. The National Consumer Disputes Redressal Commission held the hospital and four doctors negligent but reduced the claim, deducted 10% for alleged contributory negligence and awarded only Rs.…
SUSHILA DEVIversusSTATE OF RAJASTHAN AND ORS.
2013 INSC 65124 September 2013Disposed off
The petitioners sought Supreme Court monitoring of a CBI investigation into the alleged police encounter killing of Dara Singh, claiming the investigation was incomplete. The CBI had completed its inquiry, filed a charge‑sheet against 16 accused, and the trial had commenced in the Sessions Court. The respondents argued…
DAVALSAB HUSAINSAB MULLAversusNORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION
2013 INSC 65224 September 2013Dismissed
The appellant, a driver for the North West Karnataka Road Transport Corporation, travelled on a corporation bus without a ticket and subsequently abused and threatened the checking inspector, repeating similar misconduct the next day. A disciplinary enquiry found the misconduct proved, taking into account his prior rec…
KAILASHversusSTATE OF M.P.
2013 INSC 49224 July 2013Dismissed
The appellant was accused of raping a 15‑year‑old girl who later died by suicide. An eye‑witness, a cousin aged about 13‑14, testified that he saw the appellant committing the assault, and his testimony was supported by another witness and by medical and forensic reports that showed evidence of sexual intercourse. The …
ANUJ KUMAR GUPTA @ SETHI GUPTAversusSTATE OF BIHAR
2013 INSC 49124 July 2013Dismissed
The appellant, Anuj Kumar Gupta, was convicted for the murder of Chhotu Kumar Das based largely on a confessional statement he gave to the investigating officer (PW‑9) that led police to the victim’s body in a river. The trial court sentenced him to death, which the High Court later commuted to life imprisonment. The a…
RUMI BORA DUTTAversusSTATE OF ASSAM
2013 INSC 35424 May 2013Dismissed
The appellant aunt and nephew were convicted for murdering the deceased husband, an Upper Division Clerk, based on circumstantial evidence. The prosecution proved that the death occurred at 1.30 a.m., the victims were found dead in bed, the accused were present, and the nephew’s statement under Section 27 led to the re…
LALA RAM (D) BY L.R.. & ORS.versusUNION OF INDIA & ANR.
2013 INSC 5824 January 2013Disposed off
The appellants, long‑time licence‑holders of shops on railway property in Old Delhi, were served a 1980 notice increasing licence fees from Rs.21 to Rs.270 per square yard and, after representations, a 1987 order making the increase retrospective from 1‑Nov‑1980. They challenged the increase as excessive and contrary t…
M/S ATLAS CYCLE (HARYANA) LTD.versusKITAB SINGH
2013 INSC 5924 January 2013Dismissed
Kitab Singh, a workman employed by Atlas Cycle (Haryana) Ltd. since 1977, alleged that he was assaulted and forced to resign on 1 October 1992 after being accused of theft. He wrote to the Chief Minister and sent a notice to the company, claiming the resignation was not voluntary. The Labour Court dismissed his claim, …
PRIYADARSHINI COLLEGE OF COMPUTER SCIENCE AND ANOTHERversusMANISH KUMAR AND OTHERS
2013 INSC 6024 January 2013Appeal(s) allowed
The Supreme Court examined an appeal by Priyadarshini College of Computer Science against a High Court order directing the college to pay Rs.5 lakh compensation to a student, Manish Kumar, who had been admitted to a B.Tech program despite not meeting the advertised 60% minimum marks requirement. The college had admitte…
MOHD. MEHTAB KHAN & ORS.versusKHUSHNUMA IBRAHIM & ORS.
2013 INSC 5724 January 2013Disposed off
The appellants (defendants 5, 10 and 11) challenged an interim mandatory injunction granted by the Bombay High Court in a suit filed under Section 6 of the Specific Relief Act, 1963, which ordered the Receiver to hand over possession of a flat and office to the plaintiffs. The trial court had refused such interim relie…
SHOBHA SINHAversusTHE STATE OF BIHAR & ORS.
2013 INSC 71323 October 2013Appeal(s) allowed
Shobha Sinha, an Assistant in the Bihar Government, was dismissed for alleged misconduct in a departmental enquiry concerning a bitumen allotment proposal. The High Court Single Judge set aside the dismissal, citing procedural flaws such as non‑supply of documents and lack of witness examination, and directed the gover…
URMILA DEVIversusYUDHVIR SINGH
2013 INSC 71423 October 2013Appeal(s) allowed
The Supreme Court examined whether a magistrate's order to issue summons is an interlocutory or intermediate order and whether it can be challenged under Section 397 of the CrPC. It held that such an order is intermediate/quasi‑final and therefore revisable under Section 397 (and also under the inherent jurisdiction of…
BHEEMRAYAversusSUNEETHA
2013 INSC 64523 September 2013Appeal(s) allowed
Both parties were minors when they allegedly married. The wife filed two suits—one to restrain the husband from remarrying and another seeking a perpetual injunction against alienation of property, claiming a one‑third share for herself and her daughter. She also filed a petition under Section 9 of the Hindu Marriage A…
YASH DEEP TREXIM PRIVATE LIMITEDversusNAMOKAR VINIMAY PVT. LTD. & ORS.
2013 INSC 64823 September 2013Dismissed
The Supreme Court considered appeals filed by Yash Deep Trexim Private Limited against Namokar Vinimay Pvt. Ltd. and others, challenging a Calcutta High Court order that applied the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) to a foreign company registered in India. The Court examined whether the r…
STATE OF RAJASTHANversusA.N. MATHUR & ORS.
2013 INSC 64623 September 2013Appeal(s) allowed
The Supreme Court examined whether Maharana Pratap University of Agriculture and Technology, an autonomous body under the Rajasthan Agricultural University Act, could unilaterally alter its retirement benefits scheme from a Contributory Provident Fund to a pension scheme without the Chancellor's (Governor's) assent as …
VINOD RAGHUVANSHIversusAJAY ARORA AND ORS.
2013 INSC 64723 September 2013Dismissed
The appellant, a District Excise Officer, was charged with cheating for allegedly facilitating the replacement of a partnership deed dated 5‑Mar‑2002 with a forged deed dated 6‑Mar‑2003, thereby depriving the complainant of his share in an excise liquor contract. The complainant filed a criminal complaint under IPC sec…
EASTERN COALFIELDS LTD. AND OTHERSversusBAJRANGI RABIDAS
2013 INSC 65023 September 2013Appeal(s) allowed
Bajrangi Rabidas joined a private colliery in 1970 as Mining Sirdar, his date of birth being recorded as 2‑April‑1946 in the service book and Form ‘B’. Later he claimed his true date of birth was 2‑April‑1948, relying on a Matriculation Certificate that he had not produced at the time of appointment, and sought rectifi…
DELTA DISTILLERIES LIMITEDversusUNITED SPIRITS LIMITED & ANR.
2013 INSC 64923 September 2013Dismissed
Delta Distilleries supplied Indian Made Foreign Liquor to United Spirits under a contract that made the buyer responsible for sales tax. A dispute arose over a set‑off/refund claimed by Delta from the Sales Tax Department, which United Spirits argued reduced its tax burden. The arbitral tribunal allowed United Spirits …
UNION OF INDIA & ORS.versusSHRI G.R.RAMA KRISHNA & ANR.
2013 INSC 55923 August 2013Appeal(s) allowed
The respondent, G.R. Rama Krishna, was an Assistant Engineer (Mechanical) in Andaman Lakshdeep Harbour Works who had served partly on an ad‑hoc basis and was regularised only in 2005. The UPSC advertised the post of Executive Engineer (Mechanical) for direct recruitment, stating that no departmental candidate satisfied…
STATE OF ORISSAversusKHAGA @ KHAGESWAR NAIK & ORS.
2013 INSC 55823 August 2013Appeal(s) allowed
The State of Orissa appealed against the Orissa High Court's alteration of the conviction of three accused from murder (s.302 IPC) to culpable homicide not amounting to murder (s.304 Part II IPC). The facts revealed that the accused entered a house at night, molested a woman, and, after the victim's father verbally abu…
STATE OF UTTARANCHAL AND ANOTHERversusSRI SHIV CHARAN SINGH BHANDARI AND OTHERS
2013 INSC 56023 August 2013Appeal(s) allowed
In 1983 a junior employee (Madhav Singh Tadagi) was given an ad‑hoc promotion to a Group II post, while senior employees were later promoted on a regular basis. The seniors filed a petition in 2003 before the Uttarakhand Public Services Tribunal seeking notional promotion with effect from the junior's ad‑hoc promotion …
GIAN CHAND & ORS.versusSTATE OF HARYANA
2013 INSC 48823 July 2013Dismissed
The appellants were seized at night while travelling in a jeep that contained ten bags of poppy husk (total 410 kg). They were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years of rigorous imprisonment. On appeal they argued that the prosecution failed to …
MAHADEO S/O KERBA MASKEversusSTATE OF MAHARASHTRA AND ANR.
2013 INSC 48723 July 2013Reference answered
Mahadeo, a musician, lured a 15‑year‑old girl with promises of recording her bhajans, persuaded her to bring gold ornaments, and confined her for over a month during which he repeatedly forced sexual intercourse. The trial court convicted him under IPC sections 363 (kidnapping) and 376 (rape); the High Court affirmed t…
AKKODE JUMAYATH PALU PARIPALANA COMMITTEEversusP.V. IBRAHIM HAJI AND OTHERS
2013 INSC 48523 July 2013Disposed off
The Akkode Juyamath Palli Paripalana Committee, a society registered under the Societies Registration Act, filed a suit for a perpetual injunction to prevent interference with the administration, management, and peaceful enjoyment of a mosque, its madrassa, and related wakf assets. The suit was transferred to the Wakf …
KALIYAversusSTATE OF MADHYA PRADESH
2013 INSC 48923 July 2013Dismissed
The appellant, Kaliya, mother‑in‑law, was convicted of murdering her daughter‑in‑law, Guddi, who was burnt alive in the appellant's house. Guddi’s dying declaration, stating that Kaliya poured kerosene on her, was recorded by a doctor and a nurse, but the original document was lost and only a carbon copy was produced. …
COMMISSIONER OF CENTRAL EXCISE, MADURAIversusAYYAPPAN TEXTILES LTD.
2013 INSC 49023 July 2013Dismissed
Ayyappan Textiles Ltd., a manufacturer of cotton yarn under heading 52.03, was inspected on 30 August 1993 and two registers and a file of weekly test reports were seized. The Central Excise Department issued a show‑cause notice alleging that the company had been producing yarn of higher counts (40s, 43s, 60s, 82s) tha…
C. KESHAVAMURTHYversusH.K. ABDUL ZABBAR
2013 INSC 48623 July 2013Appeal(s) allowed
Four cheques issued by the respondent to the appellant were dishonoured, leading the appellant to file a complaint under Section 138 of the Negotiable Instruments Act, 1881. The respondent claimed that a notice dated 28 July 2003, issued because a business transaction failed, barred the cheques from being cleared. The …
UNION OF INDIAversusSANDUR MANGANESE & IRON ORES LTD. AND ORS.
2013 INSC 27723 April 2013Disposed off
The Union of India filed a review petition challenging the Supreme Court’s judgment in Sandur Manganese & Iron Ores Ltd. v. State of Karnataka, alleging that it was not given a chance to be heard because the special leave petition was not served and that the judgment misquoted the Expert Committee’s report. The petitio…
VIRENDER JAINversusALAKNANDA COOPERATIVE GROUP HOUSING SOCIETY LIMITED AND OTHERS
2013 INSC 27623 April 2013Appeal(s) allowed
The appellants, members of Alaknanda Cooperative Group Housing Society, had paid instalments for flats but the Society refunded their money and terminated their membership alleging default on payments. The appellants filed complaints under Section 12 of the Consumer Protection Act, 1986, seeking restoration of membersh…
SUKHDEV SINGHversusUNION OF INDIA AND ORS.
2013 INSC 27523 April 2013Disposed off
The appellant, Sukhdev Singh, a Deputy Director of Training, had consistently received "Outstanding" or "Very Good" remarks in his Annual Confidential Reports (ACR) but was downgraded to "Good" for the years 2000‑2001 and 2001‑2002. He contended that the downgrade, being an adverse entry, should have been communicated …
PRASHANT BHARTIversusSTATE OF NCT OF DELHI
2013 INSC 5123 January 2013Appeal(s) allowed
The complainant Priya lodged an FIR alleging that the accused Prashant Bharti had assaulted, molested, and later raped her under sections 328, 354 and 376 IPC, claiming these acts were committed on the promise of marriage. Investigation revealed mobile‑phone records disproving the presence of both parties at the allege…
M/S OSWAL AGRO MILLS LTD.versusPUNJAB STATE ELECTRICITY BOARD AND OTHERS.
2013 INSC 5323 January 2013Appeal(s) allowed
The appellant, a sugar mill, installed a 3,187.5 kW turbine‑generator (TG) set and obtained a memo on 8 December 1992 authorising its installation subject to conditions. The electricity board later issued demand notices alleging an unauthorized load of the TG set and standby load, invoking a load surcharge of Rs 1,000 …
C.P. SUBHASHversusINSPECTOR OF POLICE CHENNAI & ORS.
2013 INSC 5423 January 2013Appeal(s) allowed
The appellant, C.P. Subhash, the General Manager of SNP Ventures, filed a criminal complaint alleging that senior managers of Gorden Woodroff Ltd. forged two 1922 sale deeds to fraudulently claim title over land he possessed. An FIR was registered under IPC sections 468 and 471, but the respondents obtained a quashing …
RAJESH GUPTAversusSTATE OF JAMMU AND KASHMIR AND OTHERS
2013 INSC 5523 January 2013Appeal(s) allowed
The appellant, an Executive Engineer in Jammu and Kashmir's Rural Engineering Wing, was prematurely retired on the recommendation of a High Powered Review Committee that alleged he owned assets disproportionate to his known income and had issued back‑dated technical sanctions. The appellant challenged the retirement, a…
THANA SINGHversusCENTRAL BUREAU OF NARCOTICS
2013 INSC 5623 January 2013Disposed off
Thana Singh, an undertrial accused of an offence under the NDPS Act, had been detained for over twelve years without trial despite repeated bail refusals. The Supreme Court examined whether such prolonged detention violated the right to speedy trial under Article 21 of the Constitution. Relying on earlier decisions tha…
RAJIV THAPAR & ORS.versusMADAN LAL KAPOOR
2013 INSC 5223 January 2013Appeal(s) allowed
The father of the deceased, Madan Lal Kapoor, filed a criminal complaint alleging his daughter Dr. Monica Thapar was poisoned, later also claiming strangulation. The trial court discharged the accused, Rajiv Thapar and others, on the basis of post‑mortem, forensic and inquest reports showing natural death due to a card…
PATHAN MOHAMMED SULEMAN REHMATKHANversusSTATE OF GUJARAT & ORS.
2013 INSC 77022 November 2013Dismissed
The State of Gujarat embarked on a public‑private partnership to develop an International Financial Services City (GIFT) by allotting large tracts of government land to a joint‑venture company, GIFT Company Ltd., and its subsidiary. The Comptroller and Auditor General (CAG) reported irregularities, alleging non‑uniform…
ASHOK KUMAR AGGARWALversusNEERAJ KUMAR & ANR.
2013 INSC 77122 November 2013Disposed off
The appellant, a former Deputy Director of the Enforcement Directorate, alleged that respondents deliberately suppressed material facts about a mistaken Interpol notice, causing him to remain in judicial custody for 36 days. He filed a criminal contempt petition under Article 215 of the Constitution, claiming the respo…
ASHOK KUMAR AGGARWALversusUNION OF INDIA & ORS.
2013 INSC 77222 November 2013Dismissed
STATE BANK OF INDIAversusGRACURE PHARMACEUTICALS LTD.
2013 INSC 77322 November 2013Appeal(s) allowed
The State Bank of India (SBI) sued Gracure Pharmaceuticals Ltd. for recovery of dues arising from letters of credit, while Gracure filed a separate suit for damages alleging wrongful withdrawal of credit facilities. The two suits were filed within two months of each other, and SBI moved to dismiss the damages suit unde…
UNION OF INDIA & ANR.versusASHOK KUMAR AGGARWAL
2013 INSC 77422 November 2013Appeal(s) allowed
The Union of India suspended an Indian Revenue Service officer in 1999 pending two CBI criminal investigations; the Central Administrative Tribunal later quashed the suspension and directed a review, but the government issued fresh suspension orders in 2012 without complying with the Tribunal’s directions, leading the …
STATE OF JHARKHAND AND ANOTHERversusHARIHAR YADAV AND OTHERS
2013 INSC 77522 November 2013Disposed off
The Bihar Hill Area Lift Irrigation Corporation (BHALCO), a government company of Bihar, was transferred to the newly created Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) after the bifurcation of Bihar under the Bihar Reorganisation Act, 2000. Employees of the erstwhile BHALCO filed writ petitions seeking a…
SATNAM OVERSEASversusSANT RAM & CO. & ANR.
2013 INSC 77622 November 2013Dismissed
Satnam Overseas applied to the Registrar of Trademarks for rectification of the registration of the mark “KOHINOOR” (class 30, rice) on the ground that the respondent, Sant Ram & Co., had not used the mark for more than five years. The Registrar limited the respondent’s use to a few cities in Uttar Pradesh, which was l…
C.B.I.versusASHOK KUMAR AGGARWAL & ANR.
2013 INSC 77722 November 2013Dismissed
The CBI appealed against the Delhi High Court’s order quashing a Special Judge’s grant of pardon to respondent No.2 (Abhishek Verma) under Section 306 of the CrPC, who had confessed to forging a fax message on the instructions of respondent No.1 (Ashok Kumar Aggarwal). The Supreme Court examined the scope of the court’…
C.B.I.versusASHOK KUMAR AGGARWAL
2013 INSC 77822 November 2013Dismissed
The CBI filed a case against Ashok Kumar Aggarwal for possessing disproportionate assets and obtained sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988. The respondent challenged the validity of the sanction, alleging that material was not placed before the Finance Minister and that th…
REGISTRAR GENERAL HIGH COURT OF GUJARAT & ANR.versusJAYSHREE CHAMANLAL BUDDHBHATTI
2013 INSC 71222 October 2013Dismissed
The respondent, a Civil Judge on probation, was terminated after two inquiries—one discreet and a subsequent preliminary inquiry—without being informed of the charges or given a chance to be heard. She challenged the termination, alleging violation of Article 311(2) of the Constitution, which requires a fair hearing be…
STATE OF RAJASTHANversusUCCHAB LAL CHHANWAL
2013 INSC 71122 October 2013Case Partly allowed
Ucchab Lal Chhanwal, a Rajasthan Police Service officer, was penalised with a censure in 1992 which barred his promotion for the 1996‑97 vacancy. He filed a writ petition seeking quash of the penalty and promotion. The High Court set aside the censure and ordered his promotion, but the Division Bench later set aside th…
CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND OTHERS ,
2013 INSC 70922 October 2013Disposed off
The Centre for Public Interest Litigation filed a writ petition seeking a separate expert committee to examine the health effects of soft drinks, especially on children, and to compel the Union of India to impose stricter regulatory controls, labeling, and advertising standards. The Court examined whether the existing …
MARYversusSTATE OF KERALA AND ORS,
2013 INSC 71022 October 2013Dismissed
Mary, the successful bidder in an auction for the privilege to vend arrack in two shops in Kalady, deposited 30% of the bid amount and executed a temporary agreement under the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. Due to mass local resistance, she could not open the shops and sought a refund of her dep…
STANDARD CHARTERED BANKversusV. NOBLE KUMAR & OTHERS
2013 INSC 55722 August 2013Appeal(s) allowed
The Supreme Court examined whether a secured creditor under the SARFAESI Act could obtain possession of a secured asset by invoking Section 14 without first attempting possession under Section 13(4), and whether such a route would defeat the borrower's right to appeal under Section 17. It held that the creditor may dir…
BASAWARAJ & ANR.versusTHE SPL. LAND ACQUISITION OFFICER
2013 INSC 55122 August 2013Dismissed
The appellants challenged the acquisition of their land under the Land Acquisition Act, 1894 and, after receiving an award, filed references for enhanced compensation. Dissatisfied with the award, they filed appeals under Section 54 of the Act in the High Court on 16 August 2007, more than five years after the award, a…
POPAT BAHIRU GOVARDHANE ETC.versusSPECIAL LAND ACQUISITION OFFICER & ANR.
2013 INSC 55422 August 2013Dismissed
M/S YOUNG ACHIEVERSversusIMS LEARNING RESOURCES PVT. LTD.
2013 INSC 55522 August 2013Dismissed
IMS Learning Resources sued Young Achievers for trademark infringement, copyright violation and passing off. Young Achievers filed an interim application under Section 8 read with Section 5 of the Arbitration and Conciliation Act, 1996, invoking arbitration clauses in agreements dated 1 April 2007 and 1 April 2010. The…
DR. SUBRAMANIAN SWAMY AND ORS.versusRAJU, THROUGH MEMBER, JUVENILE JUSTICE BOARD AND ANR.
2013 INSC 54922 August 2013
A gang‑rape on 16‑12‑2012 involved a juvenile who was placed before a Juvenile Justice Board (JJB). Dr. Subramanian Swamy and others approached the JJB seeking impleadment and an interpretation of the Juvenile Justice (Care and Protection of Children) Act, 2000 so that the juvenile could be tried as an adult. The JJB d…
GM, SRI SIDDESHWARA CO-OPERATIVE BANK LTD. & ANR.versusSRI IKBAL & ORS.
2013 INSC 55622 August 2013Appeal(s) allowed
The Supreme Court examined a sale of mortgaged property under the SARFAESI Act where the auction purchaser paid only 25% of the price initially and the balance after 11 months. The borrower had sent a letter consenting to accept the balance payment and authorising issuance of a sale certificate, which the Bank accepted…
IN RE: RAMESHWAR PRASAD GOYAL, ADVOCATEversus.
2013 INSC 55022 August 2013Hearing Adjourned
The Supreme Court, hearing a suo motu contempt petition against Advocate-on-Record Rameshwar Prasad Goyal, examined his practice of filing appearances in hundreds of cases without ever appearing in court. The Court found that lending his signature for a fee, without taking responsibility for the case, amounted to misco…
RAJA@ SASIKUMAR & ANR.versusSTATE THROUGH INSPECTOR OF POLICE
2013 INSC 55222 August 2013Dismissed
The case involved the murder of Babu, for which seven accused (A‑1 to A‑7) were charged under Sections 302, 34, 120‑B and 342 of the IPC. The trial court convicted A‑1 to A‑6, but the Madras High Court affirmed the conviction of only A‑1 to A‑3 and acquitted the rest. A‑2 and A‑3 appealed to the Supreme Court, challeng…
FIONA SHRIKHANDEversusSTATE OF MAHARASHTRA AND ANOTHER
2013 INSC 55322 August 2013Dismissed
The appellant, accused of insulting her sister‑in‑law's religious sentiments, was charged under Section 504 of the IPC after a complaint alleging that she dragged a deity's idol from a puja room, causing damage and intending to provoke a breach of peace. The Additional Chief Metropolitan Magistrate, applying Section 20…
JOSE S/O EDASSERY THOMASversusSTATE OF KERALA
2013 INSC 35322 May 2013Dismissed
The appellant Jose was convicted for murdering his wife by dousing her with petrol and setting her ablaze while she slept, and for attempting to murder his grandchild. The prosecution relied on the victim's dying declaration, recorded by a doctor, and a series of circumstantial facts indicating motive, opportunity, and…
KANHAIYA LAL & ORS.versusSTATE OF RAJASTHAN
2013 INSC 27422 April 2013Dismissed
The case involved the murder of five persons by a large unlawful assembly allegedly motivated by revenge for the death of the village Sarpanch's son. The trial court convicted 17 accused, sentencing six to death and others to life imprisonment, while some were acquitted. On appeal, the High Court reduced the death sent…
PRAKASHversusSTATE OF RAJASTHAN
2013 INSC 19022 March 2013Dismissed
The case involves the kidnapping and murder of a seven‑year‑old boy, Kamlesh, whose body was discovered on a hillock after he failed to return from school. The prosecution relied solely on circumstantial evidence, including eyewitnesses who saw the accused with the child, recovery of blood‑stained clothing from one acc…
M/S. DEEP TRADING COMPANYversusM/S. INDIAN OIL CORPORATION AND ORS.
2013 INSC 18622 March 2013Appeal(s) allowed
The dealer, Deep Trading Co., entered into a kerosene dealership agreement with Indian Oil Corp. that required any dispute to be referred to a sole arbitrator appointed by the corporation’s Director (Marketing). After the corporation suspended supplies, the dealer sought an injunction and later demanded arbitration; th…
AMALENDU KUMAR BERA & ORS.versusTHE STATE OF WEST BENGAL
2013 INSC 19122 March 2013Appeal(s) allowed
The decree dated 7 August 1969 in a title suit was executed in 2009. The State of West Bengal raised objections under Section 47 of the CPC in 2010 and again in 2011, both of which were dismissed. The State later filed a civil revision challenging the 2010 order and sought condonation of delay under Section 5 of the Li…
UMESH SINGHversusSTATE OF BIHAR
2013 INSC 19322 March 2013Dismissed
Umesh Singh was convicted for the murder of Shailendra Kumar, who was shot with a revolver and rifle by Singh and several co‑accused. The prosecution relied on the eye‑witness testimony of the victim’s cousin (PW2) and corroborating statements of other witnesses, while the defence challenged the validity of the FIR (ar…
DAYANAND ANGLO VEDIC (DAV) COLLEGE TRUST AND MANAGEMENT SOCIETYversusSTATE OF MAHARASHTRA AND ANR.
2013 INSC 19422 March 2013Dismissed
The Dayanand Anglo Vedic (DAV) College Trust and Management Society, a Hindi‑speaking institution, sought recognition as a linguistic minority educational institution in Maharashtra. Although initially granted, the state withdrew the status on the ground that most trustees resided outside Maharashtra and therefore were…
M/S. GHCL EMPLOYEES STOCK OPTION TRUSTversusM/S INDIA INFOLINE LIMITED
2013 INSC 18722 March 2013Dismissed
The GHCL Employees Stock Option Trust filed a criminal complaint alleging that the Managing Director, Company Secretary and other directors of M/s. India Infoline Ltd. (the respondents) had sold 8,76,668 of its shares and misappropriated the proceeds, constituting criminal breach of trust and cheating. A Metropolitan M…
RAKESH AND ANOTHERversusSTATE OF HARYANA
2013 INSC 18822 March 2013Dismissed
The deceased Kailash, married to Rakesh, was subjected to dowry harassment by her husband and mother‑in‑law and was set ablaze in their home, resulting in her death. The prosecution relied primarily on Kailash's dying declaration, which was recorded by a Judicial Magistrate after a doctor certified her fitness to testi…
MADHAVI AMMA & ORS.versusS. PRASANNAKUMARI & ORS.
2013 INSC 18922 March 2013Dismissed
The landlord filed an eviction suit under the Kerala Buildings (Lease and Rent Control) Act, 1965, and the tenant claimed Kudikidappukaran status under the Kerala Land Reforms Act, 1963. The Rent Controller referred the status question to the Land Tribunal, which held the tenant was only a tenant, not a Kudikidappukara…
RUKMINI AMMA & ORS.versusRAJESWARY (DEAD) THROUGH LRS. & ORS.
2013 INSC 19222 March 2013Appeal(s) allowed
The appellants held a usufructuary mortgage over land mortgaged by the respondents in 1958, 1959 and 1961. While the mortgage subsisted, the property was attached under the Revenue Recovery Act for the mortgagor's agricultural income tax arrears and sold at public auction, the highest bid being the son of the mortgagee…
MARGARET ALMEIDA & ORS. ETC.versusBOMBAY CATHOLIC CO-OPERATIVE HOUSING SOCIETY LTD. & ORS.
2013 INSC 19522 March 2013Dismissed
The Bombay Catholic Co‑operative Housing Society resolved in 1966 to redevelop its Willingdon East land, allocating 161 flats to allottee‑members and 69 to tenant‑members. After decades of litigation, the Society passed a 2009 resolution and executed a conveyance to a developer for Rs 70 crore, which the tenant‑members…
RAVINDERSINGH @ RAVI PAVARversusSTATE OF GUJARAT
2013 INSC 12022 February 2013Disposed off
The case arose from the 2009 hooch tragedy in Ahmedabad, Gujarat, where spurious country‑made liquor containing methyl alcohol caused 147 deaths and 205 injuries. Ravindersingh @ Ravi Pavar (appellant) and Jayesh Hiralal Thakker (respondent) were charged under several sections of the IPC and the Bombay Prohibition Act …
M/S.BAGAI CONSTRUCTION THR. ITS PROPRIETOR MR. LALIT BAGAIversusM/S. GUPTA BUILDING MATERIAL STORE
2013 INSC 12122 February 2013Appeal(s) allowed
The respondent filed a recovery suit against the appellant for Rs 4,35,250.18. After the evidence was closed and final arguments were heard, the appellant filed two applications – one under Order VII Rule 14 read with Section 151 CPC to produce certain bills, and another under Order XVIII Rule 17 read with Section 151 …
K. SRINIVAS RAOversusD.A. DEEPA
2013 INSC 12222 February 2013Disposed off
The husband (K. Srinivas Rao) appealed against a High Court order that set aside a decree of divorce in his favour. The Supreme Court examined whether the wife’s filing of false, indecent and defamatory complaints, and multiple criminal proceedings against him and his family, amounted to mental cruelty under s.13(1)(i‑…