Created by Fuzzy Cloud

Judgments of 2013

851 judgments · newest first · showing 1–200

GULABRAO BABURAO DEOKARversusSTATE OF MAHARASHTRA & ORS.

2013 INSC 842Dismissed

The appellant, Gulabrao Baburao Deokar, was charged along with 56 others for a massive defalcation of public funds amounting to Rs.169.60 crore involving the Jalgaon Municipal Corporation. He was granted bail by the Sessions Court under Section 439(1) CrPC, but the High Court cancelled the bail on …

MANOHAR LAL SHARMAversusTHE PRINCIPAL SECRETARY AND ORS.

2013 INSC 839Disposed off

The Supreme Court examined whether Section 6A of the Delhi Special Police Establishment Act, 1946, which requires prior Central Government approval for CBI investigations into senior officials, applies when the investigation is being monitored by the Court itself. The Court noted that the CBI had …

STATE OF RAJASTHANversusBHAGWAN DAS AGRAWAL & OTHERS

2013 INSC 841Disposed off

The State of Rajasthan appealed against a High Court order that had discontinued criminal proceedings in Dholpur under Section 186 of the Code of Criminal Procedure (CrPC), on the ground that the same offence was already being tried in courts at Sagar and Chanderi, Madhya Pradesh. The three FIRs …

ASHFAQ AHMED QUERESHI & ANR.versusNAMRATA CHOPRA & ORS.

2013 INSC 843Appeal(s) allowed

The appellants entered into an agreement to purchase land that the respondents claimed to own exclusively, paying Rs. 50 lakh as earnest money. The respondents later sold the land to a third party, and the appellants discovered that the land had been shown as open parking in a municipal permission …

BHUSAWAL MUNICIPAL COUNCILversusNIVRUTTI RAMCHANDRA PHALAK & ORS.

2013 INSC 844Dismissed

The Bhusawal Municipal Council acquired 4.25 acres of agricultural land under the Maharashtra Regional and Town Planning Act, 1966 and the Land Acquisition Act, 1894 to build a primary school. After paying the initial compensation awarded under Section 11, the respondents obtained a reference court …

UNION OF INDIA & ORS.versusMAHARAJA SHREE UMAID MILLS

2013 INSC 845Appeal(s) allowed

The appellant Union of India sought recovery of MODVAT credit wrongfully claimed by Maharaja Shree Umaid Mills on high‑speed diesel (HSD) oil used as an input for electricity generation. The Central Government had withdrawn such credit by a 1995 notification and a 1997 trade notice, but the assessee …

YOGENDRA SINGH TOMARversusBAR COUNCIL FOR UTTARAKHAND AND OTHERS

2013 INSC 846Disposed off

Yogendra Singh Tomar, a practising advocate, contested the election for Chairman of the Bar Council of Uttarakhand. Three ballot papers were rejected by the Returning Officer, leading to the declaration of respondent No.3 as elected. Tomar filed a writ petition seeking a recount and treatment of the …

TUMMALA VENKATESWAR RAOversusTHE STATE OF ANDHRA PRADESH

2013 INSC 847Dismissed

The appellant, Tummala Venkat... was convicted under Section 304B IPC for causing the death of his wife Neelima, who died after ingesting poison following repeated dowry demands and physical abuse. The High Court upheld the conviction and sentenced him to seven years rigorous imprisonment. On …

YAZDANI INTERNATIONAL P. LTD.versusAUROGLOBAL COMTRADE P. LTD. & ORS.

2013 INSC 848Disposed off

The Supreme Court examined the termination of licences granted by the Paradeep Port Trust (the Board) for manual and mechanically operated iron‑ore storage plots. The appellants claimed an indefeasible right to renew their licences and alleged that the Board’s decision violated constitutional …

CHHOTAN SAO & ANOTHERversusSTATE OF BIHAR

2013 INSC 849Case Partly allowed

The deceased, Babita Devi, allegedly died after being forced to consume poison following dowry harassment by her husband’s relatives. The father‑in‑law and sister‑in‑law were tried and convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC, as well as under the Dowry Prohibition …

DALMIA CEMENT (BHARAT) LTD.versusSTATE OF TAMIL NADU & ANOTHER

2013 INSC 837Directions issued

The cement companies, claiming to be ryotwari pattadars, challenged a Tamil Nadu Government order that required them to pay full royalty and dead rent on mining leases, arguing they were entitled to a 50% concessional rate. The High Court had partially restrained the State from demanding royalty …

HARYANA FINANCIAL CORPORATIONversusGURCHARAN SINGH & ANR.

2013 INSC 835Dismissed

The Haryana Financial Corporation (HFC) advanced a loan to Gurcharan Singh, who gave a written, unregistered undertaking on 5 March 1994 that he would not dispose of certain immovable properties during the loan period. After default, HFC seized and sold hypothecated machinery, while Singh's wife …

SHERISH HARDENIA & ORS.versusSTATE OF M.P. & ANR.

2013 INSC 836Dismissed

The wife, Archana Hardenia, committed suicide, leading to criminal proceedings under IPC sections 498‑A (cruelty) and 306 (abetment of suicide) against her husband Amrish Hardenia, his parents, brother and sister‑in‑law. The Sessions Judge discharged the four relatives (parents, brother, …

KASHMIR SINGHversusSTATE OF HARYANA & ORS.

2013 INSC 832Disposed off

The appellants challenged the compensation awarded by the Land Acquisition Collector and affirmed by the Additional District Judge for land acquired under a 2001 Section 4 notification of the Land Acquisition Act, 1894 in Tohana, Fatehabad, Haryana. They argued that the market value should be …

MANAGEMENT OF SUNDARAM INDUSTRIES LTD.versusSUNDARAM INDUSTRIES EMPLOYEES UNION

2013 INSC 833Dismissed

The appellant, Sundaram Industries Ltd., directed its moulders to place production bags on an electronic weighing scale after their shift, which required extra effort and time without additional pay. Thirteen moulders refused, were suspended and later dismissed for alleged misconduct, persistent …

MIS PRP EXPORTS & ETC.versusTHE CHIEF SECRETARY, GOVERNMENT OF TAMIL

2013 INSC 834Disposed off

The Municipal Corporation of Greater Mumbai (MCGM) issued a circular limiting the height of a public parking lot (PPL) to ground plus four upper floors, which conflicted with the developer Kohinoor's plan for a 13‑storey PPL. After a series of writ petitions, stop‑work notices and a settlement, the …

SHALINIversusNEW ENGLISH HIGH SCH. ASSN. & ORS.

2013 INSC 830Disposed off

Shalini was appointed as an Assistant Teacher and later promoted to Headmistress in a school vacancy reserved for Scheduled Tribe (ST) candidates, based on a caste certificate claiming she belonged to the Halba ST. The Maharashtra Caste Scrutiny Committee later declared the certificate invalid, …

FAKHRUZAMMAversusSTATE OF JHARKHAND & ANR.

2013 INSC 831Dismissed

The appellant, a Sub‑Inspector of Police, was removed from service by the Inspector‑General of Police under the Jharkhand Police Manual and subsequently charged with several IPC offences relating to the death of a detainee. He challenged the magistrate’s cognizance on the ground that Section 197 of …

CHAIRMAN-CUM-MANAGING DIRECTOR & OTHERSversusBHARAT CHANDRA BEHERA & ANOTHER

2013 INSC 826Appeal(s) allowed

The National Aluminium Company Ltd. (NALCO) had a scheme to provide employment to persons displaced by its land acquisition. The deceased brother of the petitioner, Trilochan Behera, was appointed as a mazdoor under this "land displaced persons" scheme and later died in a road accident. The …

DEAF EMPLOYEES WELFARE ASSOCIATION & ANOTHERversusUNION OF INDIA & OTHERS

2013 INSC 828Case Allowed

The Deaf Employees Welfare Association and another association filed a writ petition under Article 32 seeking a mandamus directing the Central and State Governments to grant transport allowance to government employees with hearing impairment, on par with the allowance already given to blind and …

ERACH BOMAN KHAVARversusTUKARAM SHRIDHAR BHAT AND ANOTHER

2013 INSC 827Appeal(s) allowed

The appellant, a landlord, sought to evict a tenant occupying a flat owned by his father under a licence agreement with a company that later went into winding up. While the eviction suit was pending, the appellant applied under section 446 of the Companies Act, 1956 for the court's permission to …

SAMTA AANDOLAN SAMITI & ANR.versusUNION OF INDIA & ORS.

2013 INSC 822Dismissed

The petitioners challenged the All India Institute of Medical Sciences' (AllMS) counseling procedure for MBBS admissions, alleging that it exceeded the 50% reservation ceiling by allowing SC/ST/OBC candidates who secured seats in the open (unreserved) category to later opt for reserved seats, …

BANK OF BARODAversusS.K. KOOL (D) THROUGH LRS. AND ANR.

2013 INSC 824Dismissed

S.K. Kool, a clerk of Bank of Baroda, was punished for gross misconduct by being removed from service with "superannuation benefits as would be due otherwise" under clause 6(b) of the 2002 Bipartite Settlement. The Bank denied his pension and leave encashment, relying on Regulation 22 of the Bank of …

KAMLESH KUMARversusSTATE OF BIHAR & ANR.

2013 INSC 825Appeal(s) allowed

The appellant, Dr. Kamlesh Kumar, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque that he alleged was stolen. The complainant presented the same cheque twice, first on 25‑Oct‑2008 and again on 10‑Nov‑2008, each time it was returned unpaid. A legal notice …

B.S.N.L.versusBHURUMAL

2013 INSC 821Disposed off

The respondent, Bhurumal, claimed that he had worked as a daily‑wage lineman for BSNL for about 15 years, suffered an electric shock on duty and was subsequently denied reinstatement, alleging illegal termination under section 25F of the Industrial Disputes Act, 1947. The Industrial Tribunal and the …

SURESH KUMAR KOUSHAL AND ANOTHERversusNAZ FOUNDATION AND OTHERS

2013 INSC 823Appeal(s) allowed

The Supreme Court examined the constitutional validity of Section 377 of the Indian Penal Code, which criminalises "carnal intercourse against the order of nature". The petitioners argued that the provision violated Articles 14, 15 and 21 of the Constitution by arbitrarily classifying "unnatural" …

CHATTERJEE PETROCHEM CO. & ANRversusHALDIA PETROCHEMICALS LTD. & ORS.

2013 INSC 817Appeal(s) allowed

Chatterjee Petrochem (Mauritius) Co. invoked the arbitration clause in a restructuring agreement dated 12 January 2002, seeking ICC arbitration over a dispute with Haldia Petrochemicals Ltd. Haldia contended that a later agreement dated 8 March 2002, which granted exclusive jurisdiction to the …

DLF LIMITEDversusMANMOHAN LOWE AND OTHERS

2013 INSC 820Appeal(s) allowed

The apartment owners of Silver Oaks Apartments filed a writ petition seeking to quash DLF Limited's declaration under the Haryana Apartment Ownership Act, alleging that the declaration omitted certain community and commercial facilities as "common areas and facilities". The High Court held that the …

VEER SINGH & ORS.versusSTATE OF U.P.

2013 INSC 818Dismissed

The appellants Veer Singh and others were convicted for the murder of twelve persons and the attempted murder of a family member, based primarily on the testimony of a severely injured eye‑witness, Harshan Kaur, supported by medical reports, a hostile witness, and forensic material. The appellants …

OSWAL AGRO MILLS LTD.versusHINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS

2013 INSC 816Dismissed

Oswal Agro Mills Ltd. obtained permission from the Municipal Corporation of Greater Mumbai to convert a plot in a Special Industrial Zone to a residential‑commercial complex adjacent to Hindustan Petroleum Corporation Ltd.'s (HPCL) refinery. HPCL objected, citing safety, security and health risks, …

ABHAY SINGHversusSTATE OF UTTAR PRADESH AND OTHERS

2013 INSC 819Directions issued

The Supreme Court examined the widespread misuse of red lights and multi‑toned horns on motor vehicles, which were being employed by a large number of public officials and private citizens beyond the limited class intended by law. The petition, led by senior counsel Harish Salve, raised …

MARY PAPPA JEBAMANIversusGANESAN & ORS.

2013 INSC 811Disposed off

Mary Pappa Jebamani filed a criminal complaint alleging assault and verbal abuse under IPC sections 294(b) and 323. The summary trial court acquitted the accused because two key eyewitnesses turned hostile and the trial court found the evidence insufficient. The Sessions Court set aside the …

RAJESHWAR SINGHversusSUBRATA ROY SAHARA & ORS.

2013 INSC 812Disposed off

The Supreme Court examined a contempt petition filed by Rajeshwar Singh, an Assistant Director of the Enforcement Directorate, who alleged that respondents including Subrata Roy Sahara were intimidating him and attempting to derail the court‑monitored investigation into the 2G Spectrum scam. The …

PUTTAMMA & ORS.versusK. L. NARAYANA REDDY & ANR.

2013 INSC 814Appeal(s) allowed

The petitioners claimed compensation under Section 166 of the Motor Vehicles Act, 1988 after the death of a 48‑year‑old employee who earned Rs.13,331 per month; the Claims Tribunal awarded Rs.9.03 lakh, which the Karnataka High Court enhanced to Rs.11.25 lakh by applying a split‑multiplier and a …

STATE OF MADHYA PRADESHversusPRADEEP SHARMA

2013 INSC 810Appeal(s) allowed

The State of Madhya Pradesh charged Pradeep Sharma and co‑accused with murder and conspiracy (IPC ss.302, 120B, 34) for allegedly poisoning the deceased. Both accused were declared absconders and proclaimed offenders under CrPC s.82, and the High Court granted them anticipatory bail under s.438. The …

BHARAT SANCHAR NIGAM LIMITEDversusTELECOM REGULATORY AUTHORITY OF INDIA AND OTHERS

2013 INSC 808Reference answered

The Supreme Court examined whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) could entertain challenges to regulations made by the Telecom Regulatory Authority of India (TRAI) under Section 36 of the Telecom Regulatory Authority of India Act, 1997. It held that the power …

ALSIA PARDHIversusSTATE OF M.P. & ORS.

2013 INSC 807Appeal(s) allowed

The appellant, Alsia Pardhi, filed a writ petition under Article 226 seeking the production of his 14‑year‑old niece, Rajnandani, alleging that forest officials had abducted her from a fish market. The State police, acting on the High Court's direction, recorded statements only of the forest …

STATE OF RAJASTHAN AND OTHERSversusM/S. BASANT AGROTECH (INDIA) LTD.

2013 INSC 809Dismissed

The State of Rajasthan issued a notification on 23 January 2009 amending a 2008 notification that levied an environment and health cess on mineral rights, increasing the rate for rock phosphate and applying it retrospectively from 1 April 2008. Mining lease‑holders challenged the constitutional …

JOHN K. ABRAHAMversusSIMON C. ABRAHAM & ANOTHER

2013 INSC 803Appeal(s) allowed

The respondent alleged that the appellant borrowed Rs.1,50,000 and issued a cheque which later bounced, invoking Section 138 of the Negotiable Instruments Act. The trial court acquitted the appellant, finding the complainant's evidence riddled with contradictions and gaps, particularly regarding the …

SASIDHAR REDDY SURAversusTHE STATE OF ANDHRA PRADESH & ORS.

2013 INSC 805Disposed off

The appellant applied for the post of District and Sessions Judge (Entry Level) under the Andhra Pradesh State Judicial Service Rules, 2007 and was placed on the select list, but was not appointed because he was under 35 years of age. He challenged the decision before the High Court, which held that …

SISTER MINA LALITA BARUWAversusSTATE OF ORISSA AND OTHERS

2013 INSC 804Appeal(s) allowed

Sister Mina Lalita Baruwa, a Catholic nun, alleged assault, molestation and gang rape during communal violence in Kandhamal. During the trial, PW‑18, a Sub‑Divisional Judicial Magistrate who conducted the test identification parade, gave a statement that conflicted with the official parade record …

KN ASWATHNARAYANA SETTY (D) TR. LRS. & ORS.versusSTATE OF KARNATAKA & ORS.

2013 INSC 801Dismissed

The petitioners purchased land that had been subject to a Section 4 notification under the Land Acquisition Act, 1894, while the de‑notification of that acquisition was under appeal before the Supreme Court. The Court held that a purchaser after such a notification cannot challenge the acquisition …

N.ANANTHA REDDYversusANSHU KATHURIA & ORS.

2013 INSC 802Appeal(s) allowed

The plaintiff filed a suit against the Greater Hyderabad Municipal Corporation and the Assistant City Planner challenging a notice issued under Section 452 of the GHMC Act, 1955. The plaintiff's neighbour (appellant) sought to be impleaded, claiming infringement of his right to light and air. The …

MAA BINDA EXPRESS CARRIER AND ANR.versusNORTHEAST FRONTIER RAILWAY AND ORS.

2013 INSC 796Dismissed

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 …

PURUSHOTTAMversusSTATE OF KARNATAKA & ORS.

2013 INSC 797Dismissed

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 …

AGRICULTURAL PRODUCE MARKET COMMITTEEversusBIOTOR INDUSTRIES LTD. & ANR.

2013 INSC 799Disposed 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 …

AGRICULTURAL PRODUCE MARKET COMMITTEEversusBIOTOR INDUSTRIES LTD. & ANR.

2013 INSC 800Appeal(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 …

M/S. PARAGON RUBBER INDUSTRIESversusM/S. PRAGATHI RUBBER MILLS & ORS.

2013 INSC 798Dismissed

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 …

GOJER BROTHERS PRIVATE LIMITEDversusTHE STATE OF WEST BENGAL AND OTHERS

2013 INSC 791Appeal(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 …

STATE OF WEST BENGAL & ORS.versusSANKAR GHOSH

2013 INSC 792Appeal(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 …

S.K. RATTANversusUNION OF INDIA & ORS.

2013 INSC 793Appeal(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 …

MADHU @ MADHURANATHA & ANR.versusSTATE OF KARNATAKA

2013 INSC 794Disposed 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 …

STATE OF RAJASTHANversusSHAMBHU KEWAT AND ANOTHER

2013 INSC 795Appeal(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 …

M/S. GAYATRI PROJECT LTD.versusM/S. SAI KRISHNA CONSTRUCTION

2013 INSC 790Dismissed

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 …

LAKHA RAM SHARMAversusBALAR MARKETING PRIVATE LIMITED & ORS.

2013 INSC 789Appeal(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 …

B. THIRUMALversusANANDA SIVAKUMAR AND ORS.

2013 INSC 787Dismissed

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 …

K.C. BAJAJ AND OTHERSversusUNION OF INDIA AND OTHERS

2013 INSC 788Appeal(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 …

CHIRONJILAL SHARMA HUFversusUNION OF INDIA AND ORS.

2013 INSC 785Appeal(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 …

INDRA SARMAversusV.K.V. SARMA

2013 INSC 786Dismissed

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 …

MANOHARANversusSIVARAJAN & ORS.

2013 INSC 781Appeal(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 …

SARASWATHYversusBABU

2013 INSC 782Appeal(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 …

STATE OF GUJARATversusGIRISH RADHAKRISHNAN VARDE

2013 INSC 783Disposed 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 …

SAROJversusSUNDER SINGH & ORS.

2013 INSC 779Appeal(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 …

DEVENDRA KISHANLAL DAGALIAversusDWARKESH DIAMONDS PVT. LTD. AND ORS.

2013 INSC 780Appeal(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 …

PATHAN MOHAMMED SULEMAN REHMATKHANversusSTATE OF GUJARAT & ORS.

2013 INSC 770Dismissed

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, …

ASHOK KUMAR AGGARWALversusNEERAJ KUMAR & ANR.

2013 INSC 771Disposed 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 …

STATE BANK OF INDIAversusGRACURE PHARMACEUTICALS LTD.

2013 INSC 773Appeal(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 …

UNION OF INDIA & ANR.versusASHOK KUMAR AGGARWAL

2013 INSC 774Appeal(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 …

STATE OF JHARKHAND AND ANOTHERversusHARIHAR YADAV AND OTHERS

2013 INSC 775Disposed 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 …

SATNAM OVERSEASversusSANT RAM & CO. & ANR.

2013 INSC 776Dismissed

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 …

C.B.I.versusASHOK KUMAR AGGARWAL & ANR.

2013 INSC 777Dismissed

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 …

C.B.I.versusASHOK KUMAR AGGARWAL

2013 INSC 778Dismissed

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 …

DUDDILLA SRINIVASA SHARMA AND ORS.versusV. CHRYSOLITE

2013 INSC 765Dismissed

The Supreme Court examined the recruitment of 17 Junior Assistants in the District Court, where the authorities raised the short‑listing benchmark from the statutory intermediate qualification to a degree qualification. The High Court had quashed the appointments, holding that the higher benchmark …

SUBHASISH MONDAL @ BIJOYversusSTATE OF WEST BENGAL

2013 INSC 766Dismissed

The appellant Subhasish Mondal was convicted of murdering his elder brother and mother in Kharagpur, allegedly motivated by a grievance over a job given to his brother after their father's death. The prosecution relied on circumstantial evidence, including the victim's injuries, the presence of a …

B. CHANDRIKAversusSANTHOSH & ANR

2013 INSC 767Appeal(s) allowed

The appellant, the divorced wife of the first accused, challenged summons issued against her in a case under Section 420 read with Section 34 IPC. The police investigation had filed a refer report stating that the complaint was not proved, and the complainant testified that only the husband had been …

HARYANA WAKF BOARDversusMAHESH KUMAR

2013 INSC 768Dismissed

The Haryana Wakf Board filed a civil suit in 2000 seeking possession of land it claimed was Wakf property. The trial court ruled in favor of the Board, but the Additional District Judge held that the question of whether the land was Wakf property fell within the exclusive jurisdiction of the Wakf …

E.S.IC. MEDICAL OFFICER'S ASSOCIATIONversusE.S.L.C. & ANR.

2013 INSC 769Dismissed

The ESIC Medical Officer's Association, representing medical officers recruited by the Employees' State Insurance Corporation after 1974, claimed a monthly allowance of Rs.200, arguing that they were workmen like deputed doctors and thus entitled to the same benefits. The Central Government …

A.M. SANGAPPA @ SANGAPPAversusSANGONDEPPA & ANR.

2013 INSC 759Disposed off

The appellant, A.M. Sangappa, challenged a judgment of the Karnataka High Court in a regular first appeal (RFA No. 238 of 2004). The issue was whether the High Court had complied with the procedural requirements of Order 41 Rule 31 of the Code of Civil Procedure, 1908, which obliges a court hearing …

GANESHAversusSHARANAPPA & ANR.

2013 INSC 762Appeal(s) allowed

The appellant Ganesha was acquitted by a trial court of offences under IPC sections 341, 323, 324 and 504 read with 34. On the informant's petition, the Karnataka High Court, in revision, set aside the acquittal and convicted Ganesha under s.324 IPC, imposing six months' simple imprisonment and a …

BEENU RAWAT & ORSversusUNION OF INDIA & ORS.

2013 INSC 760Case Allowed

Petitioners, volunteers of the Aam Aadmi Party, protested at Gokul Puri Police Station demanding registration of an FIR for an alleged rape. They allege that police rounded them up and beat them with lathis, causing injuries, and that the police’s version of a violent crowd is unsupported by video …

SUNIL MAHADEO JADHAVversusTHE STATE OF MAHARASHTRA

2013 INSC 763Disposed off

The Supreme Court examined the custodial death of a kidnapping suspect who was arrested by three police officers and found dead in the lock‑up. The trial court had acquitted all accused, but the High Court convicted them under sections 302, 342, 218 and 193 IPC. The Court held that the arrest …

DALJIT KAUR AND ANR.versusMUKTAR STEELS PVT. LTD.

2013 INSC 761Dismissed

Daljit Kaur and Anr. filed a suit seeking declaration that certain agreements were industrial licences. During the suit the parties entered into a compromise, which the plaintiff later disputed. The trial court recorded the compromise and, after conducting an enquiry into its validity, passed a …

BRIHANMUMBAI MAHANAGARPALIKA AND ANOTHERversusWILLINGDON SPORTS CLUB AND OTHERS

2013 INSC 758Appeal(s) allowed

The Supreme Court examined whether the catering department of Willingdon Sports Club, which serves food only to its members and their guests, must obtain a licence under Section 394(1)(e) of the Mumbai Municipal Corporation Act, 1888. The High Court had held the club exempt, reasoning that its …

TRIBHUVANSHANKARversusAMRUTLAL

2013 INSC 754Appeal(s) allowed

The plaintiff, Tribhuvansankar, purchased a property and sued the defendant, Amrutlal, under the Madhya Pradesh Accommodation Control Act, 1961 for eviction and mesne profits. The defendant denied any landlord‑tenant relationship and pleaded adverse possession, claiming 18‑19 years of uninterrupted …

THE CALCUTTA PORT TRUST AND OTHERSversusANADI KUMAR DAS (CAPT.) AND OTHERS

2013 INSC 757Disposed off

The Calcutta Port Trust introduced a pension scheme for its employees and issued several circulars allowing retirees to switch from the Contributory Provident Fund (CPF) scheme to the pension scheme, each with a cut‑off date. Respondent No.1, a former Class‑I officer who retired in 1983, claimed he …

SURINDER SINGHversusSTATE OF HARYANA

2013 INSC 756Dismissed

The appellant, Surinder Singh, was convicted under Sections 3048 and 498A of the IPC for the death of his wife Anita, who died by burns within 94 days of marriage. The prosecution alleged that the husband and his family were dissatisfied with the dowry received and repeatedly harassed Anita, …

BALWANT RAI SALUJA & ANR. ETC. ETC.versusAIR INDIA LTD. & ORS.

2013 INSC 755Matter referred to larger bench

The workmen employed in the canteen of Air India, which was operated by Chef Air, a unit of the Hotel Corporation of India (HCI), claimed they were regular employees of Air India. Air India argued that HCI was a separate legal entity and that it had no control over the workers' hiring, wages, or …

PREMLATA JOSHIversusCHIEF SECRETARY STATE OF UTTARAKHAND & ORS.

2013 INSC 750Dismissed

The case concerned the promotion of Dr. Premlata Joshi to the post of Director, Medical Health in Uttarakhand. The Departmental Promotion Committee (DPC) evaluated candidates' Annual Confidential Reports (ACRs) and, contrary to the Government Order dated 16‑April‑2003, classified officers into "very …

SUKHWINDER SINGHversusSTATE OF PUNJAB

2013 INSC 751Dismissed

The appellant, husband of Karnail Kaur, was charged under Section 304B of the IPC for dowry death after his wife died of poisoning within seven years of marriage. The prosecution proved that the wife had complained of dowry demands for a scooter and refrigerator on 25 June 1991, and she died on 30 …

N. MANJEGOWDAversusTHE MANAGER, THE UNITED INDIA INSURANCE CO.

2013 INSC 749Appeal(s) allowed

The appellant, a 36‑year‑old advocate, suffered grievous injuries including loss of strength and sensation in all four limbs after a motorbike accident. He claimed compensation under Section 166 of the Motor Vehicles Act, and the Tribunal awarded Rs.6,17,500 as loss of future income based on a 50% …

KRISHNA KANT TIWARIversusKENDRIYA VIDYALAYA SANGATHAN & ANR.

2013 INSC 752Case Partly allowed

The appellant, a former Madhya Pradesh State Service teacher, joined the Kendriya Vidyalaya Sangathan (KVS) on 23 September 1987 and was confirmed on 23 September 1989. He claimed pay protection under the Government of India Order dated 7 August 1989, which was to take effect from 1 August 1989, …

LALITA KUMARIversusGOVT. OF U.P. AND ORS.

2013 INSC 748Reference answered

The Constitution Bench examined whether a police officer must register a First Information Report (FIR) under Section 154 of the Code of Criminal Procedure, 1973 (CrPC) upon receiving information of a cognizable offence, or may first conduct a preliminary inquiry to test its veracity. Relying on the …

ANJANAPPAversusSTATE OF KARNATAKA

2013 INSC 753Dismissed

Gowramma, a married woman, died from severe burns after allegedly being doused with kerosene by her husband Anjanappa. She gave a dying declaration implicating him, which was recorded by a police officer and endorsed by the attending doctor, who testified that she was conscious and fit to speak. The …

BHUPENDRAversusSTATE OF MADHYA PRADESH

2013 INSC 745Dismissed

Bhupendra was married to Geeta Bai in 1993. After repeated dowry demands, Geeta consumed wheat tablets on 20 August 1996 and died of suspected poisoning. The trial court convicted Bhupendra and his father under sections 498‑A, 304‑B and 306 IPC; the High Court upheld Bhupendra's conviction but …

BHOLA RAMversusSTATE OF PUNJAB

2013 INSC 746Appeal(s) allowed

The appellant Bhola Ram was convicted under Sections 304‑B and 498‑A IPC for the alleged dowry death of his sister‑in‑law Janki Devi, who committed suicide by poison. The prosecution alleged that Bhola Ram, along with his brother Darshan Ram and mother Vidya Devi, demanded additional dowry and …

SURESH KUMARversusSTATE OF HARYANA

2013 INSC 747Dismissed

Suresh Kumar was convicted under Sections 304‑B (dowry death) and 498‑A IPC for the death of his wife Sulochana within seven years of marriage. The trial court acquitted him, deeming the death accidental, but the High Court reversed the acquittal, holding that the death occurred under non‑normal …

U.T. CHANDIGARH & ORS.versusGURCHARAN SINGH & ANR.

2013 INSC 743Appeal(s) allowed

Gurcharan Singh, a former Indian Army combatant clerk, was appointed as a clerk in the Chandigarh Transport Undertaking under the ex‑servicemen quota and his pay was fixed on 2 September 1992. After his retirement, an audit revealed that the fixation was erroneous because he had exercised the option …

CENTRAL ELECTRICITY SUPPLY UTILITY OF ODISHAversusDHOBEI SAHOO & ORS.

2013 INSC 741Appeal(s) allowed

The Central Electricity Supply Utility of Odisha (CESU) appointed its Chairman, a retired officer, to also discharge the functions of Chief Executive Officer (CEO) and paid him a consolidated honorarium. A public‑interest litigation sought a writ of quo warranto to quash this arrangement and …

CHANDA C. KADAM & ORS.versusADDITIONAL COLLECTOR & COMPETENT AUTHORITY

2013 INSC 742Case Partly allowed

The petitioners, heirs of the deceased CG Kadam, entered into a 1992 Memorandum of Understanding (MOU) with developers, granting the developers rights to develop part of a 42,669.40 sq m plot while reserving a 37,865 sq ft floor‑space index (FSI) for the petitioners. The developers obtained a …

STATE OF UTTRAKHAND & ORS.versusDEEP CHANDRA TEWARI & ANR.

2013 INSC 739Appeal(s) allowed

The Uttarakhand Director of School Education advertised for Assistant Teachers (General) requiring a B.Ed. degree simplicitor. The respondents held B.Ed. degrees with Specialisation in Vocational Education, which the authorities deemed not to satisfy the qualification. The High Court set aside the …

STATE OF RAJASTHANversusBALVEER @ BALLI AND ANR.

2013 INSC 737Appeal(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 …

T.S.R. SUBRAMANIAN & ORS.versusUNION OF INDIA & ORS.

2013 INSC 738Disposed 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. …

RAJEEV KUMARversusSTATE OF HARYANA

2013 INSC 736Case 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 …

MAK DATA P. LTD.versusCOMMISSIONER OF INCOME TAX-II

2013 INSC 735Dismissed

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 …

JAGDISH SINGHversusHEERALAL AND OTHERS

2013 INSC 734Appeal(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 …

STATE OF BIHAR & ANR.versusLALU SINGH

2013 INSC 732Appeal(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 …

MIS. AVK TRADERSversusKERALA STATE CIVIL SUPPLIES CORPORATION LTD.

2013 INSC 733Appeal(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 …

CH. CUM MAN. DIRECTOR MAHANADI COALFIELD LTD.versusRABINDRANATH CHOUBEY

2013 INSC 730Disposed 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 …

STATE OF HARYANA AND ORS.versusSITA RAM AND ORS.

2013 INSC 731Appeal(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 …

MANISH TRIVEDIversusSTATE OF RAJASTHAN

2013 INSC 728Dismissed

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 …

UNITED INDIA INSURANCE COMPANY LTD.versusSUNIL KUMAR & ANR.

2013 INSC 729Matter 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 …

STATE OF ORISSAversusKANHU CHARAN MAJHI

2013 INSC 726Dismissed

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 …

M/S. SHREE MAHAVIR CARBON LTD.versusOM PRAKASH JALAN (FINANCER) & ANR.

2013 INSC 727Appeal(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 …

GURJANT SINGH @ JANTAversusSTATE OF PUNJAB

2013 INSC 724Appeal(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 …

SUKUMAR DEversusBIMALA AUDDY & ORS.

2013 INSC 725Dismissed

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 …

SUDAM CHARAN DASHversusSTATE OF ORISSA & ANR.

2013 INSC 723Disposed 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 …

T.C. GUPTAversusBIMAL KUMAR DUTTA & ORS.

2013 INSC 722Appeal(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 …

M/S. P. DASARATHARAMA REDDY COMPLEXversusGOVERNMENT OF KARNATAKA AND ANOTHER

2013 INSC 721Disposed 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 …

BHARAT SANCHAR NIGAM LTD.versusS.K. BHATNAGAR & ORS.

2013 INSC 716Appeal(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 …

L. KRISHNA REDDYversusSTATE BY STATION HOUSE OFFICER & ORS.

2013 INSC 720Dismissed

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, …

JOGINDER SINGHversusSTATE OF HARYANA

2013 INSC 718Appeal(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 …

VINOD KUMARversusSTATE OF HARYANA & ORS.

2013 INSC 719Disposed 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 …

SITA RAMversusBALBIR@ BALI & ANR.

2013 INSC 715Appeal(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, …

DR. BALRAM PRASADversusDR. KUNAL SAHA & ORS.

2013 INSC 717Disposed 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 …

SHOBHA SINHAversusTHE STATE OF BIHAR & ORS.

2013 INSC 713Appeal(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, …

URMILA DEVIversusYUDHVIR SINGH

2013 INSC 714Appeal(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 …

REGISTRAR GENERAL HIGH COURT OF GUJARAT & ANR.versusJAYSHREE CHAMANLAL BUDDHBHATTI

2013 INSC 712Dismissed

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 …

STATE OF RAJASTHANversusUCCHAB LAL CHHANWAL

2013 INSC 711Case 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 …

CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND OTHERS ,

2013 INSC 709Disposed 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 …

MARYversusSTATE OF KERALA AND ORS,

2013 INSC 710Dismissed

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 …

STATE OF MAHARASHTRA AND ANR.versusSARVA SHRAMIK SANGH, SANGLI AND ORS.

2013 INSC 708Disposed off

The State of Maharashtra terminated the services of 256 workmen employed on 25 lift‑irrigation schemes after transferring the schemes to a sugar factory. The workmen claimed entitlement to reinstatement and backwages, arguing that the termination was a breach of Section 25N of the Industrial …

BAD SHAHversusSOU.URMILA BADSHAH GOOSE & ANR

2013 INSC 703Dismissed

The petitioners, Urmila Badshah Goose and her daughter Shivanjali, filed an application under Section 125 of the CrPC seeking maintenance, claiming that Urmila was the wife of the petitioner Badshah and that Shivanjali was their illegitimate child. Badshah contended that he was already lawfully …

M/S. ARCOT TEXTILE MILLS LTD.versusTHE REGIONAL PROVIDENT FUND COMMISSIONER AND ORS.

2013 INSC 704Case Partly allowed

Arcot Textile Mills Ltd, a sick industrial unit, paid arrears of Employees' Provident Fund contributions but was later served a demand notice for interest under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act. The company challenged the demand, contending that an appeal …

STATE OF U.P. AND ORS.versusJAIPRAKASH ASSOCIATES LTD.

2013 INSC 707Disposed off

The Uttar Pradesh Government, under Section 5 of the Uttar Pradesh Trade Tax Act, 1948, issued a notification granting a tax rebate on cement containing fly‑ash, but only to units located within Uttar Pradesh. Cement manufacturers in neighboring states, who purchased fly‑ash from Uttar Pradesh but …

PUTCHALAPALLI NARESH REDDYversusSTATE OF A.P. AND ETC.

2013 INSC 706Disposed off

The case involved twenty accused charged with offences including murder, rioting and attempt to murder arising from a politically‑motivated land dispute that culminated in the killing of Mudi Parandhami Reddy. The trial court acquitted all accused, but the High Court convicted accused Nos. 1‑12 …

UNION OF INDIA AND OTHERSversusSANJAY JETHI AND ANOTHER

2013 INSC 705Dismissed

The Union of India appealed against an Armed Forces Tribunal order that set aside an Additional Court of Inquiry (COI) and directed a fresh COI because the original COI included the Presiding Officer and two Technical Members who had prepared the inquiry report. The respondent, Colonel Sanjay Jethi, …

B. AMRUTHA LAKSHMIversusSTATE OF ANDHRA PRADESH AND ORS.

2013 INSC 702Case Partly allowed

B. Amrutha Lakshmi, an Assistant Commissioner of Sales Tax in Andhra Pradesh, filed a petition challenging the State Government's refusal to forward her name for selection to the Indian Administrative Service (IAS) under the IAS (Appointment by Selection) Regulations, 1997. Although she satisfied …

A.K. SINGHANIAversusGUJARAT STATE FERTILIZER CO. LTD. & ANR.

2013 INSC 701Disposed off

The Supreme Court examined complaints filed under Section 138 of the Negotiable Instruments Act against Gujarat State Fertilizer Co. Ltd. and its directors, including A.K. Singhania and Vikram Prakash, for dishonour of cheques. The key issue was whether the complaints specifically alleged that the …

SHEILA KAUL THROUGH MS. DEEPA KAULversusSTATE THROUGH C.B.I.

2013 INSC 692Appeal(s) allowed

The appellant, a former Union minister, was charged under the Prevention of Corruption Act and the IPC for offences of corruption and criminal conspiracy. She applied to the trial court for exemption from personal appearance, citing her 98‑year age, severe heart disease and senile dementia, and a …

KUNWAR PALversusSTATE OF UTTARAKHAND

2013 INSC 693Case Partly allowed

The appellant, Kunwar Pal, was convicted under Section 304(Part I) IPC for the death of Ramayan Prasad at a marriage ceremony where several double‑barrel guns were fired. The prosecution alleged that Pal, along with three others, fired negligently, causing a cartridge to strike the deceased. The …

T.C. GUPTA & ANR.versusHARI OM PRAKASH & ORS.

2013 INSC 694Appeal(s) allowed

The respondents challenged the acquisition of their land under the Land Acquisition Act, 1894. The Punjab & Haryana High Court ordered the state officials (appellants) to furnish names of landowners whose lands were released without filing objections under Section 5A. The appellants mistakenly …

DULCINA FERNANDES & ORS.versusJOAQUIM XAVIER CRUZ & ANR.

2013 INSC 695Appeal(s) allowed

The deceased Nicolau Fernandes was killed when his scooter was struck by a pick‑up van driven by Joaquim Xavier Cruz on 29 June 1997. His wife and daughters filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, which assessed compensation …

COMMISSIONER OF INCOME TAXversusM/S EXCEL INDUSTRIES LTD.

2013 INSC 689Dismissed

The Commissioner of Income Tax appealed against M/s Excel Industries Ltd., contending that the value of advance licence and duty‑entitlement pass‑book benefits under the import‑export policy should be taxed in the year they were received under s.28(iv) of the Income Tax Act. The assessee argued that …

DR. RAJESH TALWAR AND ANR.versusC.B.I. AND ANR.

2013 INSC 696Dismissed

Dr. Rajesh Talwar and Nupur Talwar, accused of murdering their daughter Arushi and domestic help Hemraj, sought under CrPC s.233 read with s.91 the production of narco‑analysis, brain‑mapping, polygraph and other scientific test reports of three persons who had earlier been suspected in the case, as …

ATMARAMversusSTATE OF U.P.

2013 INSC 697Disposed off

The Supreme Court examined appeals against bail orders granted by the Allahabad High Court to four accused in an assault case where a victim's son died. The State of Uttar Pradesh argued that the principal accused, Kunwar Singh (Respondent No.2), had a long criminal record and was threatening …

BHARATI TAMANGversusUNION OF INDIA & ORS.

2013 INSC 698Directions issued

The widow of Madan Tamang, a political leader murdered in public, filed a writ petition under Article 32 seeking quashing of charge‑sheets and a fresh investigation by an independent Special Investigation Team, alleging that the State police, CID and CBI investigations were faulty. The Supreme Court …

DR. SUBRAMANIAN SWAMYversusELECTION COMMISSION OF INDIA

2013 INSC 699Disposed off

Dr. Subramanian Swamy filed a writ petition under Article 32 seeking a mandamus directing the Election Commission of India (ECI) to incorporate a voter‑verifiable paper audit trail (VVPAT) in electronic voting machines (EVMs) to allow voters to confirm their votes. The High Court dismissed the …

SUSHIL SHARMAversusTHE STATE OF N.C.T. OF DELHI

2013 INSC 690Disposed off

The appellant, Sushil Sharma, was convicted of murdering his wife Naina Sahni and conspiring with an employee, A2, to burn her body in the tandoor of his restaurant. The prosecution proved the murder and the disposal of the body through a chain of circumstantial evidence, forensic analysis, and the …

SUNIL DUTT SHARMAversusSTATE (GOVT. OF NCT OF DELHI)

2013 INSC 691Case Partly allowed

The appellant, Sunil Dutt Sharma, was convicted under IPC s.304‑B for dowry death and sentenced to life imprisonment, while being acquitted of IPC s.302 murder. The High Court affirmed the conviction and sentence. On appeal, the Supreme Court was asked to consider whether the life sentence was …

UNION OF INDIA & ANR.versusNATIONAL FEDERATION OF THE BLIND & ORS.

2013 INSC 688Disposed off

The National Federation of the Blind filed a writ petition seeking enforcement of Section 33 of the Persons with Disabilities Act, 1995, alleging that the Union failed to provide the mandated 3% reservation for persons with disabilities, especially the blind and low‑vision categories. The High Court …

TOFAN SINGHversusSTATE OF TAMIL NADU

2013 INSC 700Matter referred to larger bench

Tofan Singh was convicted under Sections 8(c) r/w 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly trafficking 5.250 kg of heroin. The conviction rested primarily on a statement recorded by an investigating officer under Section 67 of the NDPS Act, which the …

HARSHA V. RAIversusSTATE OF KARNATAKA & ANR.

2013 INSC 678Appeal(s) allowed

The appellant, Harsha, claimed ownership of 14 cents of land in Attavar village and argued that his mother had leased the land to Bhagirathi Bai in 1953. Bhagirathi, the respondent, sought registration as an occupant under Section 45 of the Karnataka Land Reforms Act, 1961, asserting that she was a …

G.L. BATRAversusSTATE OF HARYANA AND OTHERS

2013 INSC 679Appeal(s) allowed

G.L. Batra, then Additional Secretary of the Lok Sabha, was appointed Chairman of the Haryana Public Service Commission (HPSC) under Article 316 of the Constitution. The State Government initially relaxed Regulation 6 of the HPSC (Conditions of Service) Regulations, 1972, fixing his remuneration at …

STATE OF RAJASTHANversusGIRDHARI LAL

2013 INSC 680Dismissed

The daughter of the complainant was married to Girdhari Lal and died of severe burn injuries within seven years of marriage. The prosecution alleged that she was subjected to cruelty and harassment by her husband and in‑laws in connection with dowry demands, leading to her death. The trial court …

SOMDEV KAPOORversusSTATE OF WEST BENGAL & ORS.

2013 INSC 682Dismissed

The appellant, proprietor of a hotel and restaurant, applied in 1992 for a foreign liquor bar licence, which remained pending for years and was finally granted a temporary licence in 2006. Respondents filed a public‑interest writ seeking cancellation of the licence, arguing that Rule 8 of the West …

ONGC LTD.versusM/S. MODERN CONSTRUCTION AND CO.

2013 INSC 683Appeal(s) allowed

The appellant, ONGC Ltd., challenged a High Court order that allowed the respondent, M/s Modern Construction, to claim interest on a decree from the date the suit was originally filed in 1986 before a court that lacked territorial jurisdiction. The Supreme Court held that when a plaint is returned …

GULAM SARBARversusSTATE OF BIHAR (NOW JHARKHAND)

2013 INSC 677Dismissed

The appellants, Gulam Sarbar and Dhiren Mahto, were convicted of murder under s.302 IPC and criminal conspiracy under s.120‑B IPC for the killing of Sant Kumar Sinha. The prosecution relied primarily on the testimony of a single eye‑witness (Dr. Gopal Prasad Sinha) and corroborative ocular and …

SURYA BAKSH SINGHversusSTATE OF UTTAR PRADESH

2013 INSC 681Hearing Adjourned

Surya Baksh Singh, a convicted offender, appealed his conviction before the High Court, which affirmed the conviction ex parte without his presence or counsel and rejected his request for remand. The Supreme Court examined the growing misuse of the appellate process whereby convicts obtain bail or …

THALAPPALAM SER. COOP. BANK LTD. AND ORS.versusSTATE OF KERALA AND ORS.

2013 INSC 684Appeal(s) allowed

The Supreme Court examined whether cooperative societies registered under the Kerala Co-operative Societies Act, 1969 are "public authorities" under Section 2(h) of the Right to Information Act, 2005 and thus bound to disclose information. The Court distinguished statutory bodies from bodies merely …

OMPRAKASHversusLAXMINARAYAN & ORS.

2013 INSC 685Appeal(s) allowed

The plaintiffs filed a suit for specific performance, possession and injunction based on an agreement to sell dated 27 December 2000, which recited that physical possession of the land had been handed over to them. The defendants denied the execution of the agreement and the delivery of possession. …

SOMNATH SARKARversusUTPAL BASU MALLICK & ANR.

2013 INSC 686Case Partly allowed

The appellant issued a cheque of Rs.69,500 that was dishonoured and was convicted under Section 138 of the Negotiable Instruments Act, receiving a sentence of six months imprisonment and a compensation order of Rs.80,000 under Section 357(3) of the CrPC. The Calcutta High Court, on revision, set …

PANCHANAND MANDAL @ PACHAN MANDAL & ANR.versusSTATE OF JHARKHAND

2013 INSC 672Appeal(s) allowed

The deceased Basanti Devi died from severe burns allegedly inflicted by her in‑laws after a dowry demand for a cow and a gold ring. The prosecution's case rested on a dying declaration recorded by an ASI and the statements of the deceased's mother (PW‑13) and brother (PW‑14), who were interested …

VISHNU (DEAD) BY L.RSversusSTATE OF MAHARASHTRA AND OTHERS

2013 INSC 671Dismissed

The appellant, a contractor, entered into five irrigation contracts with the State of Maharashtra in 1983. After abandoning the work in 1985, he sought damages and later invoked Clause 30 of the contracts, claiming it was an arbitration clause that made the Superintending Engineer’s decision binding …

BHARAT SANCHAR NIGAM LIMITED AND ANOTHERversusG. SARVOTHAMAN

2013 INSC 674Appeal(s) allowed

The respondent, a physically handicapped employee of BSNL, had opted for the Telecom Operating Assistant (TOA) cadre after a 1992 restructuring and later applied for promotion under the physically handicapped reservation quota. His claim was rejected, and the Chief Commissioner, exercising powers …

M/S KULJA INDUSTRIES LIMITEDversusCHIEF GEN. MANAGER W.T. PROJ. BSNL AND ORS.

2013 INSC 673Appeal(s) allowed

The appellant, Kulja Industries Ltd., supplied telecom equipment to BSNL under two tenders. BSNL later alleged that the appellant, in collusion with BSNL officials, received excess payments of Rs 7.98 crore through duplicate bills and blacklisted the appellant permanently. The appellant challenged …

DEPUTY COMMISSIONER, KVS & ORS.versusJ. HUSSAIN

2013 INSC 675Appeal(s) allowed

The respondent, an Upper Division Clerk in a Kendriya Vidyalaya, was found to have entered the Principal's office while fully drunk during duty hours, an act admitted by him. A disciplinary authority, after his admission, imposed removal from service under the Central Civil Services (Conduct) Rules. …

AJAHAR ALIversusSTATE OF WEST BENGAL

2013 INSC 676Dismissed

In 1995 Ajahar Ali forcibly grabbed the hair of 16‑year‑old Nasima Begum, kissed her and caused a cut on her lip. He was convicted under Section 354 of the Indian Penal Code and sentenced to six months’ simple imprisonment and a fine. The appellant appealed, arguing that the 18‑year delay, his …

M. MANSOOR & ANR.versusUNITED INDIA INSURANCE CO. LTD. & ANR.

2013 INSC 668Appeal(s) allowed

The parents of a 24‑year‑old bachelor who died in a motor‑vehicle accident filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Claims Tribunal awarded Rs 24,65,668 after deducting one‑third of the deceased’s income for personal expenses and applying a …

U.P. POWER CORPORATION LTD. AND ANOTHERversusVIRENDRA LAL (DEAD) THROUGH L.RS.

2013 INSC 667Dismissed

The case concerned a disciplinary proceeding against the late Virendra Lal, an Assistant Engineer of the U.P. State Electricity Board (UPSEB), who was found guilty of misconduct and ordered to have 10% of his pension deducted. The petitioner, U.P. Power Corporation Ltd., challenged the order, …

SANOBANU NAZIRBHAI MIRZA & ORS.versusAHMEDABAD MUNICIPAL TRANSPORT SERVICE

2013 INSC 669Appeal(s) allowed

The deceased Nazirbhai, a 25‑year‑old skilled polisher earning Rs 4,000‑5,000 per month, was killed by an Ahmedabad Municipal Transport Service bus. His legal representatives filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs …

KISHAN RAM & ORS.versusSTATE OF UTTARAKHAND

2013 INSC 665Dismissed

The case concerns the murder of Suresh Chandra, who was tied up and assaulted with lathis and dandas by five accused including Kishan Ram, Pani Ram, Dev Singh, Har Ram and Chandan Singh. The trial court and the High Court convicted the five under Section 302 read with Section 149 of the IPC and …

CENTRAL BUREAU OF INVESTIGATIONversusJAGJIT SINGH

2013 INSC 664Appeal(s) allowed

The CBI filed a criminal case against Jagjit Singh and others for cheating and forgery under Sections 420 and 471 IPC, alleging that they obtained bank loans through forged documents with the collusion of bank officials. The accused later settled the debt with Indian Overseas Bank by complying with …

ANIL KUMAR & ORS.versusM. K. AIYAPPA & ANR.

2013 INSC 666Dismissed

The appellants filed a private complaint under Section 200 of the CrPC alleging that the respondent, a public servant, committed offences under the Prevention of Corruption Act, 1988. The Special Judge referred the complaint for investigation by the Karnataka Lokayukta under Section 156(3) of the …

GIRRAJ PRASAD MEENAversusSTATE OF RAJASTHAN & ORS.

2013 INSC 661Appeal(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 …

GUDDA @ DWARIKENDRAversusSTATE OF MADHYA PRADESH

2013 INSC 660Disposed 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 …

VINODKUMAR M. MALAVIA ETC.versusMAGANLAL MANGALDAS GAMETI & ORS.

2013 INSC 662Dismissed

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 …

SELVI J. JAYALALITHAA & ORS.versusSTATE OF KARNATAKA & ORS.

2013 INSC 663Disposed 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 …

RANJIT SINGHversusSTATE OF M.P. AND OTHERS

2013 INSC 656Disposed 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 …

PEOPLE'S UNION FOR CIVIL LIBERTIES & ANR.versusUNION OF INDIA & ANR.

2013 INSC 655Disposed 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 …

STATE OF RAJASTHANversusJAMIL KHAN

2013 INSC 657Disposed 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 …

POONGODI & ANR.versusTHANGAVEL

2013 INSC 659Appeal(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 …

KAMLESH KUMAR AND ORS.versusTHE STATE OF JHARKHAND AND ORS.

2013 INSC 654Dismissed

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, …

M/S. LARSEN & TOUBRO LIMITED & ANR.versusSTATE OF KARNATAKA & ANR.

2013 INSC 653Reference 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 …

SUSHILA DEVIversusSTATE OF RAJASTHAN AND ORS.

2013 INSC 651Disposed 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. …

DAVALSAB HUSAINSAB MULLAversusNORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION

2013 INSC 652Dismissed

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 …

BHEEMRAYAversusSUNEETHA

2013 INSC 645Appeal(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 …

YASH DEEP TREXIM PRIVATE LIMITEDversusNAMOKAR VINIMAY PVT. LTD. & ORS.

2013 INSC 648Dismissed

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 …