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Judgments of 2015

759 judgments · newest first · showing 1–200

LIC OF INDIAversusINSURE POLICY PLUS SERVICES PVT. LTD. & ORS.

2015 INSC 946Dismissed

The petitioners, a company dealing in the purchase and resale of life‑insurance policies, challenged LIC's circulars of 2003 and 2005 that refused to register assignments of policies to firms engaged in trading such policies. They argued that Section 38 of the Insurance Act, 1938 makes policies …

THE KERALA BAR HOTELS ASSOCIATION &ANR.versusSTATE OF KERALA & ORS.

2015 INSC 949Dismissed

The Kerala Bar Hotels Association and other hotel operators challenged the Kerala government's 2014‑15 policy that restricted foreign liquor (FL‑3) licences to only five‑star hotels, alleging violations of Articles 14, 19 and 47 of the Constitution. The State argued that the policy is a reasonable …

CENTRAL BANK OF INDIAversusVIRUDHUNAGAR STEEL ROLLING MILLS LTD. & ORS.

2015 INSC 944Dismissed

The Central Bank of India sued Virudhunar Steel Rolling Mills Ltd. and its directors (respondents 2‑4) for recovery of credit facilities totalling about Rs 12 lakh. The directors had executed personal guarantee deeds on 30 August 1974, but the company already owed approximately Rs 7.68 lakh before …

PEGASUS ASSETS RECONSTRUCTION P. LTD.versusM/S. HARYANACONCAST LIMITED &ANR.

2015 INSC 947Disposed off

The Supreme Court examined whether a Company Court or an Official Liquidator can control the sale of secured assets by a secured creditor under the SARFAESI Act when the borrower is a company under winding up. Pegasus Assets Reconstruction Ltd, the secured creditor, sought to enforce its security …

PRAMODversusSTATE OF MAHARASHTRA& ORS.

2015 INSC 948Appeal(s) allowed

The appellant, a senior lecturer in a private polytechnic, claimed that the vacant post of Principal must be filled by promotion under Rule 3(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The Director of Technical Education rejected this claim, applying the …

M/S. S.K.L. CO.versusCHIEF COMMERCIAL OFFICER & ORS.

2015 INSC 945Disposed off

The appellant, M/s. S.K.L. Co., challenged a notification by the Railways that leased Front Second Class Luggage Rakes (FSLR) and Ventilated Parcel Vans (VP) to private lessees through an auction, alleging that the lease violated Sections 70 and 71 of the Railways Act, 1989 by giving undue …

MANGU SINGHversusDHARMENDRA & ANR.

2015 INSC 935Dismissed

The accused, Mangusinh, was convicted by the trial court for murder of his wife and daughter under IPC s.302 and Arms Act s.25, based on a confessional FIR, a second FIR lodged by the victims' father (PW1), and the testimony of an alleged eye‑witness (PW4). The High Court acquitted him, holding that …

BIMLA DEVIversusRAJESH SINGH &ANR.

2015 INSC 930Dismissed

The case involved the double murder of Kashi Nath Tiwary and Lallan Tiwary, allegedly committed by a group of accused including Rajesh Singh and four Tiwary brothers. The trial court convicted all six accused and sentenced them to life imprisonment, but the High Court acquitted Rajesh Singh on the …

M.C.MEHTAversusUNION OF INDIA & ORS.

2018 INSC 982Directions issued

The Supreme Court, hearing a series of petitions filed by environmental activist M.C. Mehta, examined the persistent high levels of air pollution in Delhi and the effectiveness of its earlier directions to divert non‑Delhi‑bound commercial traffic and levy an Environment Compensation Charge (ECC). …

STATE OF MAHARASHTRAversusHEMANT KAWADU CHAURIWAL ETC.

2015 INSC 937Dismissed

The State of Maharashtra appealed the acquittal of the accused husband and mother‑in‑law in a murder case where the deceased had died from severe burns. The trial court had relied on the deceased's dying declaration and letters she allegedly wrote to her father, convicting the accused under Sections …

STATE OF PUNJABversusBITTU &ANR. ETC. ETC.

2015 INSC 936Dismissed

The Supreme Court examined appeals by the State of Punjab against the acquittal of five accused persons for murder, kidnapping, conspiracy and related offences. The trial court had convicted them based on eyewitness testimony, medical evidence and a motive established by a friend of the deceased. On …

PREM NATH BALIversusREGISTRAR, HIGH COURT OF DELHI &AL\JR.

2015 INSC 931Case Partly allowed

The appellant, a clerk, was suspended in 1990 following a complaint and a departmental inquiry that lasted over nine years, culminating in a compulsory retirement order and denial of pension benefits for the suspension period. He challenged the disciplinary process, arguing violation of natural …

ADI SAIVA SIVACHARIYARGAL NALA SANGAM & ORS.versusTHE GOVERNMENT OF TAMIL NADU &ANR.

2015 INSC 929Disposed off

The petitioners challenged a Government Order (G.O. No.118 dated 23‑05‑2006) that any Hindu with requisite qualifications could be appointed as an Archaka in Hindu temples, arguing that it violated Articles 25 and 26 of the Constitution. The Court examined whether the appointment of Archakas must …

K.B. RAMACHANDRA RAJE URS (DEAD) BY LRS.versusSTATE OF KARNATAKA& ORS. ETC.

2015 INSC 928Disposed off

The Supreme Court examined the acquisition of 94 acres 28 gunthas of land in Vijayashreepura under the Mysore Improvement Act, 1903, which was used to allot 55 acres to JSS Mahavidyapeetha (respondent No.28). The Court found that the statutory requirement of a published scheme before issuing a …

RAJIV SINGHversusSTATE OF BIHAR & ANOTHER

2015 INSC 938Appeal(s) allowed

The appellant Rajiv Singh was convicted under Sections 304B, 201 and 498A for the alleged murder of his wife Archana during a honeymoon train journey, based on a dead body found near the railway tracks. The Supreme Court examined whether the body was indeed Archana's, whether the prosecution proved …

SHREYA VIDYARTHIversusASHOK VIDYARTHI & ORS.

2015 INSC 934Dismissed

The Supreme Court examined a dispute over a house purchased in 1961 by Rama Vidyarthi using insurance proceeds and other funds, questioning whether it was joint family property and how the shares should be apportioned. The appellant, Shreya Vidyarthi, argued that the High Court had decided the case …

RESERVE BANK OF INDIAversusJAYANTILAL N. MISTRY

2015 INSC 942Dismissed

The Supreme Court examined whether the Reserve Bank of India (RBI) could refuse to disclose information obtained from banks under the Right to Information (RTI) Act on the grounds of fiduciary relationship, economic interest, or commercial confidence. The Court held that RBI does not have a …

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANOTHERversusUNION OF INDIA

2015 INSC 285Disposed off

The Supreme Court heard a batch of writ petitions filed by the Supreme Court Advocates‑on‑Record Association seeking reforms in the collegium system for appointing judges to the higher judiciary. Various stakeholders, including senior counsel and the Bar Council of India, submitted suggestions on …

MOHD. FEROZ KHAN@ FEROZversusSTATE OF ANDHRA PRADESH

2015 INSC 1044Appeal(s) allowed

The petitioner, Mohd. Feroz Khan, was convicted of murder and sentenced to life imprisonment for a crime committed on 2 August 1999. He contended that he was 17 years old at the time of the offence and therefore fell within the ambit of the Juvenile Justice (Care and Protection of Children) Act, …

NARENDER KUMARversusSTATE OF NCT OF DELHI

2015 INSC 932Dismissed

The appellants, three police constables, were convicted for the murder of Laxman Singh under Sections 302 read with 34 (and 330) of the IPC. The prosecution's case rested on a dying declaration recorded by a Metropolitan Magistrate after the victim was taken to hospital, where he alleged severe …

SRI JAGANNATH TEMPLE MANAGING COMMITTEEversusSIDDHA MATH & ORS.

2015 INSC 933Disposed off

The Supreme Court examined a dispute over lands belonging to the Shri Jagannath Temple at Puri, which had been vested in the State Government by a 1974 notification under the Orissa Estate Abolition Act, 1951 (OEA Act). The Temple Managing Committee claimed that the lands were vested in it under the …

DR. JANET JEYAPAULversusSRM UNIVERSITY & ORS.

2015 INSC 922Appeal(s) allowed

Dr. Janet Jeyapaul, a senior lecturer at SRM University (a deemed university), was served a termination notice for alleged failure to conduct classes. She challenged the termination by filing a writ petition under Article 226 of the Constitution, which was initially allowed by a Single Judge who …

GIAN CHAND & ORS.versusGURLABH SINGH & ORS.

2015 INSC 924Appeal(s) allowed

The claimants, parents of a deceased school teacher, filed a petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation after a bus accident that killed their son. The bus driver and the transport undertaking argued that the accident resulted from a sudden mechanical failure of …

STATE OF MAHARASHTRA & ORS.versusBRIJLAL SADASUKH MODANI

2015 INSC 1043Appeal(s) allowed

The respondent, Brijlal Sadashuk Modani, was a senior employee of Osmanabad Janata Sahakari Bank Ltd., a multi‑state cooperative bank. While in service he received notices from the Anti‑Corruption Bureau demanding details of his assets, which he contested on the ground that the Prevention of …

LAL SHAH BABA DARGAH TRUSTversusMAGNUM DEVELOPERS AND OTHERS

2015 INSC 925Case Partly allowed

The Lal Shah Baba Dargah Trust filed a suit before the single‑member Maharashtra Waqf Tribunal seeking injunction against alleged illegal development of waqf property. The respondents obtained a civil revision, arguing that the 2013 Wakf (Amendment) Act, which mandates a three‑member tribunal, …

COMMISSIONER OF CENTRAL EXCISE, MYSOREversusM/S. TVS MOTORS COMPANY LTD.

2015 INSC 921Disposed off

TVS Motors Ltd., a manufacturer of two‑wheeled vehicles, sold its cars to dealers who performed pre‑delivery inspection (PDI) and free after‑sales service (ASS) at their own cost. The Central Excise Department sought to include the costs of PDI and ASS in the assessable value under Section 4 of the …

SHAKTI KUMAR GUPTAversusSTATE OF JAMMU AND KASHMIR AND ANOTHER

2015 INSC 915Disposed off

The petitioner, a District & Sessions Judge, challenged his premature retirement order issued under Rule 24 of the Higher Judicial Service Rules, 2009, which relied on an Annual Confidential Report (ACR) for 2009 that rated him "Average". The Supreme Court held that the 2009 ACR was not a genuine …

BIPINCHANDRA GAMANLAL CHOKSHI AND ANOTHERversusSTATE OF GUJARAT AND OTHERS

2015 INSC 913Appeal(s) allowed

The appellant, Bipinchandra Gamanlal Chokshi, was detained on 11 June 1976 under Section 3 of the COFEPOSA Act, with a simultaneous declaration under Section 12A during a national emergency. The declaration was revoked on 21 March 1977 when the emergency ended, and the appellant was released the …

ASSTI. COMMR. OF L.T. BANGALOREversusM/S. MICRO LABS LTD.

2015 INSC 1042

The case concerned Micro Labs Ltd., which claimed deductions under Sections 80‑IA/80‑IB (infrastructure development) and also under Section 80‑HHC (export profits). The Revenue argued that Section 80‑IA(9) bars any further deduction under heading "C" of Chapter VI‑A, which includes 80‑HHC, for the …

RAJBALA & OTHERSversusSTATE OF HARYANA & OTHERS

2015 INSC 912Dismissed

The petitioners challenged four new disqualification clauses (t, u, v, w) inserted in Section 175(1) of the Haryana Panchayati Raj Act, 1994, arguing that they violated Article 14 by creating unreasonable classifications and that the right to vote and the right to contest elections are fundamental …

YOGENDRA KUMAR JAISWAL ETC.versusSTATE OF BIHAR & ORS.

2015 INSC 1041Disposed off

The petitioners, senior public servants accused of possessing assets disproportionate to their known income under Section 13(1)(e) of the Prevention of Corruption Act, 1988, challenged the constitutionality of the Orissa Special Courts Act, 2006 and the Bihar Special Courts Act, 2009, which created …

RAMENDRA@ RAMAN DHULDHUEversusSTATE OF MADHYA PRADESH

2015 INSC 1041Dismissed

The appellant, a junior assistant in the Indore Regional Transport Office, was investigated for possessing property allegedly acquired through corrupt means under Section 13(1)(e) of the Prevention of Corruption Act, 1988. After the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 came into force, …

BALBHADRA PARASHARversusSTATE OF MADHYA PRADESH

2015 INSC 1041Dismissed

The appellant, a manager of a primary agriculture credit cooperative society, was charged under Section 13(1)(e) of the Prevention of Corruption Act, 1988 for amassing assets beyond his known income, and a sanction to prosecute was granted. The appellant challenged the sanction before the High Court …

RUCHIKA ABBI &ANR.versusSTATE OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

2015 INSC 907Disposed off

The wife filed a habeas corpus petition seeking the production and return of her minor daughter from the husband. The High Court dismissed the petition and directed the Family Court to decide the pending custody case. On appeal, the Supreme Court ordered the Family Court to dispose of the …

M/S GUJARAT AMBUJA EXPORTS LTD &ANR.versusSTATE OF UTTARAKHAND & ORS.

2015 INSC 906Appeal(s) allowed

The Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 levied a market fee and development cess on any agricultural produce arriving in a notified market area for sale, storage, processing, manufacturing or other commercial purposes. Gujarat Ambuja Exports Ltd and …

SODEXO SVC INDIAPRIVATE LIMITEDversusSTATE OF MAHARASHTRA & ORS.

2015 INSC 908Appeal(s) allowed

Sodexo Service India Private Ltd issues paper‑based meal vouchers to corporate customers, who distribute them to their employees for redemption at affiliated restaurants. The vouchers are redeemed for food, with Sodexo receiving a service fee and reimbursing affiliates for the face value. The issue …

SAT PARKASHversusSTATE OF HARYANA AND ANOTHER

2015 INSC 909Appeal(s) allowed

Sat Parkash was convicted under IPC sections 363, 366, 366-A and 376 for allegedly kidnapping, forcing marriage, procuration and raping a 15‑year‑old girl, Sushila, who later died by suicide. The appellant challenged the conviction on the basis of Sushila's suicide note, which stated she left home …

RATTAN SINGHversusUNION OF INDIA AND ANR.

2015 INSC 896Appeal(s) allowed

The Supreme Court examined whether Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies to land acquired under the Land Acquisition Act, 1894 when the award predates the 2013 Act by at least five years and either …

A. ANDISAMY CHETTIARversusA. SUBBURAJ CHETTIAR

2015 INSC 900Disposed off

The plaintiff filed a suit for permanent injunction over a disputed property and lost at trial. He appealed, and during the pendency of the appeal filed an application seeking scientific examination of a will's signature. The first appellate court allowed the application under Order 41 Rule 27, but …

M/S. STEEL AUTHORITY OF INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, RAIPUR

2015 INSC 891Matter referred to larger bench

The Steel Authority of India Ltd. (appellant) sold steel products to Indian Railways under a contract containing a price‑escalation clause. The goods were cleared and excise duty paid on the original price; later the price was revised upward and the appellant paid a differential duty of Rs.142.78 …

MAYA DEVI & ANR.versusSTATE OF HARYANA

2015 INSC 892Dismissed

The Supreme Court examined the appeal of Maya Devi and others convicted under Sections 3048 and 498A of the IPC for the death of their daughter-in‑law, Kavita. The Court reiterated that to establish a dowry death, the prosecution must prove (i) death within seven years of marriage, (ii) death caused …

PARIVARTAN KENDRAversusUNION OF INDIA AND OTHERS

2015 INSC 893Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 on behalf of two Dalit sisters who were victims of a brutal acid attack in Bihar. The petitioners argued that the compensation of Rs 3 lakhs per victim prescribed in the earlier Laxmi judgment was grossly inadequate given the …

OPG SECURITIES PRIVATE LTD.versusS.E.B.I. & ANR.

2015 INSC 888Appeal(s) allowed

OPG Securities Private Ltd, a stock broker, challenged SEBI's demand for registration fees calculated on the basis of its total turnover for periods after 1 October 2006. The demand was based on the earlier Schedule III of the SEBI (Stock‑brokers and Sub‑brokers) Regulations, which used the previous …

NEW INDIA ASSURANCE CO. LTD.versusHILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

2015 INSC 890Reference answered

The appeal concerned the interpretation of Section 13(2)(a) of the Consumer Protection Act, 1986 regarding the time allotted to the opposite party to file its version after a complaint is admitted. The petitioner argued that the 30‑day period could be extended beyond the statutory ceiling of 15 …

VENNANGOT ANURADHA SAMIRversusVENNANGOT MOHANDAS SAMIR

2015 INSC 884Appeal(s) allowed

The husband filed a petition for divorce on the ground of cruelty and sought transfer of the case from Bombay to Hyderabad. The parties entered into a settlement agreement where the husband promised to pay Rs.12.5 lakh as full and final alimony at the time of a mutual consent divorce decree. The …

PURUSHOTHAMversusSTATE OF KARNATAKA & ORS

2015 INSC 882Appeal(s) allowed

The Supreme Court examined the allotment of Civic Amenity Site No. 2 by the Bangalore Development Authority (BDA) to Bharat Petroleum for a petrol pump. The Karnataka High Court had set aside the allotment, holding that the site was earmarked for a bank and that the BDA could not dispose of it under …

UNION OF INDIAversusV. SRIHARAN @ MURUGAN & ORS.

2015 INSC 886Reference answered

The case arose from the assassination of former Prime Minister Rajiv Gandhi, for which several accused were convicted and sentenced to death, later commuted to life imprisonment by the Supreme Court. The State of Tamil Nadu proposed to remit the life sentences of the convicts, prompting the Union of …

SUJOYMITRAversusSTATE OF WEST BENGAL

2015 INSC 885Disposed off

The appellant, Sujoy Mitra, was charged with rape of an Irish citizen (PW5) and the trial court recorded PW5's testimony via video conference. The appellant challenged the procedure under Section 482 of the CrPC, arguing it was unfair and seeking access to the video recording. The High Court had …

M/S. ADANI AGRI FRESH LTD.versusMAHABOOB SHARIF & ORS.

2015 INSC 883Disposed off

M/s Adani Agri Fresh Ltd. (appellant) supplied fruit to M/s RMS Fruits & Co. (respondent) and obtained three unconditional bank guarantees from State Bank of Mysore to secure payment. When the respondent failed to pay, the appellant invoked the guarantees, prompting the respondent to obtain a …

POONA EMPLOYEES UNIONversusFORCE MOTORS LIMITED & ANOTHER

2015 INSC 876Dismissed

The Poona Employees Union (PEU) applied to the Industrial Court for recognition in place of the existing recognized union, Bharatiya Kamgar Sena (BKS), claiming it had over 30% membership and a larger membership base during the relevant six‑month period. The Industrial Court, relying on the …

INDIAN OIL CORPORATION LTD.versusNILOFER SIDDIQUI & ORS.

2015 INSC 875Dismissed

The Supreme Court examined a dispute where Indian Oil Corporation Ltd (IOCL) terminated the LPG distributorship granted to ex‑servicemen respondents under a letter of allotment that referred to a "standard agreement" which was never supplied or executed. The Court held that, because the standard …

MEDICAL COUNCIL OF INDIAversusMEDICITI INSTITUTE OF MEDICAL SCIENCES (MIMS) & ORS.

2015 INSC 879Appeal(s) allowed

The Mediciti Institute of Medical Sciences (MIMS) applied to the Medical Council of India (MCI) for renewal of permission to increase its MBBS intake from 100 to 150 seats for the 2015‑16 academic year. MCI inspections in December 2014 and May 2015 identified serious deficiencies in faculty, …

MADAN RAZAKversusSTATE OF BIHAR AND OTHERS

2015 INSC 880Appeal(s) allowed

The father of a 13‑14‑year‑old girl, Saraswati Kumari, filed a complaint after her body was recovered following a disappearance from a mela. Police recorded statements of several witnesses about a month after the incident, identifying the accused who allegedly kidnapped, raped and murdered the girl. …

RAJNI SANGHIversusWESTERN INDIAN STATE MOTORS LTD. & ORS.

2015 INSC 874Disposed off

The case involved four brothers who owned a family business and entered into an arbitration agreement in 1984 to partition the business. An arbitrator issued an award in 1987, but subsequent litigation in the Bombay, Rajasthan and Delhi High Courts resulted in family settlement schemes in 1994 and …

LALARAM & OTHERSversusJAIPUR DEVELOPMENT AUTHORITY &ANR.

2015 INSC 877Appeal(s) allowed

The appellants' land was compulsorily acquired in 1981 for an Indian Army field firing range under the Rajasthan Land Acquisition Act, 1953, and although compensation was awarded, it was never fully paid. The State Government issued a series of policy circulars, culminating in the circular dated 13 …

SECURITIES & EXCHANGE BOARD OF INDIAversusMAGNUM EQUITY SERVICES LTD. & ORS.

2015 INSC 871Dismissed

The Supreme Court examined whether Magnum Equity Services Ltd., a corporate entity formed by converting a stock‑broking partnership, was entitled to a fee‑continuity exemption under Paragraph 1(4) of Schedule III of the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992, after three of its …

D. N. JEEVARAJversusCHIEF SECRETARY, GOVT. OF KARNATAKA & ORS.

2015 INSC 870Appeal(s) allowed

The Supreme Court examined whether the construction of multi‑storeyed residential buildings on two adjacent plots allotted to Sadananda Gowda and D.N. Jeevaraj violated condition No. 4 of their lease‑cum‑sale agreements with the Bangalore Development Authority (BOA). The petitioners alleged that the …

VINDU KISHORE SHARMAversusCHANCELLOR, CHAUDHARY CHARAN SINGH

2015 INSC 869Disposed off

Vindu Kishore Sharma, appointed as a Reader at Chaudhary Charan Singh University, was promoted to Professor under the Personal Promotion Scheme of 25‑02‑1984. The University later revoked the promotion on 05‑06‑2008, holding that Sharma had not exercised the required written option to remain …

STATE OF HIMACHAL PRADESH AND OTHERSversusASHWANI KUMAR AND OTHERS

2015 INSC 866Appeal(s) allowed

The case concerned the interpretation of the Himachal Pradesh Ceiling on Land Holdings Act, 1972, specifically the calculation of permissible area for a family consisting of a husband, wife, an adult son and three minor children. The predecessor-in-interest, Dev Raj, held 2400 kanals of land and was …

SEBI THROUGH ITS CHAIHMANversusROOFIT INDUSTRIES LTD.

2015 INSC 864Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) issued a summons on 23 July 2002 to Roofit Industries Ltd. demanding documents and information. The company failed to comply despite several extensions and a reminder dated 5 September 2002, leading the Adjudicating Officer to impose a penalty of Rs …

A. R. DAHIYAversusSEBI

2015 INSC 865Dismissed

The appellant, a promoter, acquired more than 15% of a listed target company and made a public offer to buy remaining shares at Rs 8.75 per share. He had earlier bought back shares held by a state financial institution (HSIDC) at Rs 23.75 per share using post‑dated cheques, but failed to disclose …

STATE OF U.P. & ORS.versusAJAY KUMAR SHARMA & ANR

2015 INSC 868Appeal(s) allowed

The State of Uttar Pradesh appealed against a Division Bench of the Allahabad High Court that had set aside its termination of several District Government Counsels and ordered a reconsideration of their renewal. The core issue was whether the State, under Section 24 of the Code of Criminal Procedure …

RAM CHARAN SINGH PRAJAPATIversusSTATE OF U.P. & OTHERS

2015 INSC 1040Dismissed

The appeal filed by Ram Charan Singh Prajapati against the State of U.P. and others concerned the validity of a judgment rendered under Section 24 of the Code of Criminal Procedure, 1973, and the applicability of the Uttar Pradesh Government Legal Remembrance's Manual. The appellant challenged the …

STATE OF UTTAR PRADESH AND OTHERSversusUNITED BANK OF INDIA AND OTHERS

2015 INSC 867Disposed off

The State of Uttar Pradesh leased a Nazul (government) property at 19 Clive Road, Allahabad to a private company, which later mortgaged its leasehold interest to United Bank of India without obtaining prior State sanction. The Bank obtained a mortgage decree and later sought conversion of the …

K. S. SOUNDARARAJAN AND ORS.versusCOMMISSIONER OF H.R. & C.E.AND ORS.

2015 INSC 853Dismissed

Sundararaja Naidu's 1949 will bequeathed certain properties and directed his brother's son to manage them and perform specific charitable rites. Five members of the testator's community applied under Section 64 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 to have a scheme …

SECURITIES & EXCHANGE BOARD OF INDIAversusICAP INDIA PVT. LTD.

2015 INSC 854Case Partly allowed

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s (SAT) order that limited a stock broker’s "annual turnover" to the brokerage earned, thereby reducing the registration fee payable by ICAP India Pvt Ltd, a broker in the wholesale debt market. The …

COMMISSIONER OF CENTRAL EXCISEversusM/S NESTLE INDIA LIMITED

2015 INSC 856Dismissed

Nestle India Ltd, a 100% export‑oriented undertaking (EOU), manufactured instant tea wholly from indigenous raw materials and cleared it to two sister units under Notification 8/97‑CE and Notification 23/2003‑CE. The Commissioner issued a show‑cause notice asserting that, because the tea was …

SHAMSHER SINGH VERMAversusSTATE OF HARYANA

2015 INSC 860Appeal(s) allowed

Shamsher Singh Verma was charged under IPC 354 and the POCSO Act for allegedly molesting his nine‑year‑old niece. The accused filed an application under Section 294 of the CrPC to have a compact disc containing a recorded conversation between the victim's father, the accused's son and his wife …

M/S. SHREE BHAGWATI STEEL ROLLING MILLSversusCOMMISSIONER OF CENTRAL EXCISE & ANR.

2015 INSC 855Disposed off

The Supreme Court examined a batch of appeals filed by M/s Shree Bhagwati Steel Rolling Mills and other assessees against the Commissioner of Central Excise. The core issues were whether Rules 96ZO, 96ZP and 96ZQ of the Central Excise Rules could levy interest and a mandatory penalty equal to the …

COMMERCIAL TAXES OFFICERversusA INFRASTRUCTURE LTD.

2015 INSC 859Dismissed

The Commercial Taxes Officer appealed against A Infrastructure Ltd's claim of Input Tax Credit (ITC) on raw material used to manufacture asbestos cement sheets. The assessing authority had disallowed the ITC, contending that the final product was exempted under Notification S.O. 377/2007, and …

M/S BRIDGESTONE INDIAPVT. LTDversusINDERPAL SINGH

2015 INSC 861Appeal(s) allowed

Bridgestone India Pvt. Ltd. presented a cheque drawn by Inderpal Singh on Union Bank of India, Chandigarh, at IDBI Bank, Indore, which was later dishonoured. The company served a legal notice and filed a criminal complaint under Section 138 of the Negotiable Instruments Act in the Judicial …

STATE OF RAJASTHANversusRAMESH

2015 INSC 845Appeal(s) allowed

The State of Rajasthan prosecuted Ramesh for the death of his daughter Sheela, alleging that he slapped her, took her inside the house and caused her death by strangulation and throttling. The defence claimed the death was a suicide by hanging. The trial court convicted Ramesh under Sections 302 and …

BRIJ BIHARI SINGHversusBIHAR STATE FINANCIAL CORPORATION AND OTHERS

2015 INSC 847Appeal(s) allowed

The appellant, an Assistant General Manager of Bihar State Financial Corporation, was suspended and subjected to disciplinary proceedings on multiple charges of financial misconduct. The enquiry was conducted by an officer who examined only the files without hearing the appellant or presenting any …

CHOITH NANIKRAM HARCHANDANIversusSTATE OF MAHARASHTRA& ORS.

2015 INSC 1039Appeal(s) allowed

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling. He repeatedly requested to be represented by a legal practitioner before the Advisory Board, but the Board denied any …

KRISHNA BHATACHARJEEversusSARATHI CHOUDHURY AND ANR.

2015 INSC 848Appeal(s) allowed

The appellant, a wife, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking seizure of her stridhan held by her husband after they were judicially separated. The trial court, Sessions Court and High Court dismissed the application on the grounds …

PROF. N. K. GANGULYversusCBI NEW DELHI

2015 INSC 844Appeal(s) allowed

The case concerned an alleged illegal transfer of a government plot by senior officials of ICMR and ICPO, who were accused of criminal conspiracy and obtaining undue pecuniary advantage under Section 120B IPC and Sections 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988. The CBI filed a …

B. RADHAKRISHNANversusTHE STATE OF TAMIL NADU & ORS.

2015 INSC 840Case Partly allowed

The appellants, police constables, sought to have their basic pay stepped up to match that of junior colleagues who had transferred to the Armed Reserve and received higher remuneration. The Madras High Court Single Judge ordered the parity, which was implemented, but the Division Bench set aside …

MS.S.versusSUNIL KUMAR AND ANR.

2015 INSC 1038Dismissed

The appellant Ms. S appealed against Sunil Kumar, who had been convicted by the Supreme Court on 10 April 2015 for an offence under Section 376(1) of the Indian Penal Code and ordered to be taken into custody. The Court later learned that the accused had died on 14 October 2012, a fact that was not …

M/S COCHIN SHIPYARD LTD.versusM/S APEEJAY SHIPPING LTD.

2015 INSC 837Case Partly allowed

The parties entered into a contract for the construction of a cargo ship, which later gave rise to arbitration before a former Supreme Court judge who awarded in 2009. The respondent sought to set aside the award under Sections 30 and 33 of the Arbitration Act, 1940, alleging the arbitrator’s legal …

PARVAIZAHMAD PARRYversusSTATE OF JAMMU & KASHMIR & ORS.

2015 INSC 835Appeal(s) allowed

The appellant, Parvaiz Ahmad Parry, held a B.Sc. with Forestry as a major subject and an M.Sc. in Forestry, and applied for the post of Range Officer (Forest) Grade‑I under the J&K Forest Service Recruitment Rules, 1970, which required "B.Sc. (Forestry) or equivalent" from a university recognised by …

RAKESH MOHINDRAversusANITA BERI AND OTHERS

2015 INSC 836Appeal(s) allowed

The plaintiffs filed a suit under the Specific Relief Act seeking a declaration of title over a property. The defendant sought to prove a disclaimer letter by secondary evidence because the original was allegedly misplaced in the custody of the DEO, Ambala, and submitted a photocopy along with a …

JUPUDYPARDHASARATHYversusPENTAPATI RAMA KRISHNA AND OTHERS

2015 INSC 834Dismissed

The case concerned a property bequeathed by P. Venkata Subba Rao in 1920 to his third wife Veeraghavamma for her lifetime as maintenance. After the husband's death, Veeraghavamma occupied the house, and the question arose whether her limited life interest under the Will became an absolute right …

GURUDASSING NAWOOSING PANJWANIversusTHE STATE OF MAHARASHTRAAND OTHERS

2015 INSC 833Dismissed

Gurudassing Nawoosing Panjwani, a displaced person, was allotted land under the Displaced Persons Act but later faced competing mutation entries arising from a series of revenue proceedings. Multiple revisions and appeals were filed under the Maharashtra Land Revenue Code, 1966, culminating in a …

ALL KERALA ONLINE LOTTERY DEALERS ASSOCIATIONversusSTATE OF KERALA & ORS.

2015 INSC 831Dismissed

The State of Kerala issued notifications prohibiting the sale of computerized and online lottery tickets while permitting paper lotteries, which the All Kerala Online Lottery Dealers Association and others challenged as discriminatory under Section 5 of the Lotteries (Regulation) Act, 1998. The …

HERO CYCLES (P) LTD.versusCOMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA

2015 INSC 832Appeal(s) allowed

Hero Cycles Ltd. claimed a deduction under Section 36(1)(iii) of the Income Tax Act for interest paid on bank loans in AY 1988‑89. The Assessing Officer disallowed the claim, holding that the borrowed money was used to give an interest‑free advance to its subsidiary, Hero Fibres Ltd., and a …

VSE STOCK SERVICES LTD.versusS.E.B.I. &ANR.

2015 INSC 827Dismissed

The Vadodara Stock Exchange created a subsidiary limited by guarantee that could not obtain NSE membership, so it formed another stock‑limited subsidiary (the appellant) which secured NSE membership but was denied SEBI recognition because only one subsidiary could be registered as a broker. To …

BALDEV SINGHversusSTATE OF HARYANA

2015 INSC 830Case Partly allowed

Baldev Singh, a tractor driver, was stopped at night in 1990 and 33 gunny bags containing poppy husk were recovered from the trolley attached to his tractor. The prosecution relied solely on the testimony of ASI Ram Singh, a police witness who had signed the recovery memos, and on documentary …

UNITECH LTD. &ANR.versusUNION OF INDIA & ANR.

2015 INSC 826Appeal(s) allowed

Vidarbha Engineering, a lessee of three plots of land, entered into a collaboration agreement with Unitech to develop a commercial complex, whereby Unitech would construct the building, retain 78% of the built‑up area and transfer 22% to Vidarbha. The parties filed a statement under Section 269UC …

STATE OF RAJASTHANversusDAUD KHAN

2015 INSC 828Dismissed

On 19 June 2004, Daud Khan allegedly shot Nand Singh at a restaurant in Nimbahera, Rajasthan, leading to Singh's death. The trial court convicted Khan under Section 302 IPC and Sections 3 and 25 of the Arms Act, but the High Court reduced the murder conviction to Section 304(1) IPC while upholding …

S.E.B.I.versusALLIANCE FINSTOCK LTD. & ORS. ETC. ETC.

2015 INSC 823Dismissed

The case concerned stock brokers who had converted their individual or partnership membership into a corporate entity before 1 April 1997 and sought the fee‑continuity benefit under paragraph 4 of Schedule III of the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992. SEBI denied the benefit, …

SECURITIES & EXCHANGE BOARD OF INDIAversusM/S. PREBON YAMANE (I) LTD.

2015 INSC 822Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s order directing SEBI to refund fees paid by M/s Prebon Yamane (India) Ltd (the Respondent). The dispute centered on whether the Respondent qualified for the "fee continuity" exemption under Clause …

POONAMversusSTATE OF U.P. & ORS.

2015 INSC 813Dismissed

The appellant, a visually‑handicapped allottee of a fair‑price shop, challenged an appellate order that restored the original allottee's licence and cancelled her own allotment. The High Court dismissed her writ petition on the ground that she was not a necessary party. The Supreme Court examined …

UNION OF INDIA & ORS.versusMANOJ DESWAL & ORS.

2015 INSC 810Appeal(s) allowed

Manoj Deswal, a trainee Store Hand Technical in the Army Supply Corps, was absent without sanctioned leave for 108 days between April and July 2005 and was declared a deserter after a summary enquiry. He was discharged on 27 August 2005 by the Commanding Officer under Rule 13(3) of the Army Rules, …

M/S. GMRENERGY LTD.versusCOMMISSIONER OF CUSTOMS, BANGALORE

2015 INSC 802Disposed off

M/s GMR Energy Ltd. imported hot‑section turbine parts under a Long‑Term Assured Parts Supply Agreement (LTAPSA) with GE USA, re‑exporting the used parts and paying customs duty on the invoice value. The Customs Commissioner, relying on Rules 4 and 9 of the Customs Valuation Rules, added one‑third …

MEHBOOBALI &ANR.versusSTATE OF RAJASTHAN

2015 INSC 804Dismissed

The case involved a fake currency racket in Rajasthan where accused Mehboob Ali and Firoz, while in police custody, gave statements that led to the identification and arrest of co‑accused Anju Ali, Majhar, Liyakat Ali and others, and to the recovery of forged notes. The issue before the Supreme …

MANAGING DIRECTOR, K.S.R.T.C.versusNEW INDIAASSURANCE CO. LTD. & ORS.

2015 INSC 803Appeal(s) allowed

The Karnataka State Road Transport Corporation (KSRTC) operated a bus owned by a private individual under a lease agreement. An accident caused by the bus led claimants to seek compensation. The dispute centered on whether liability for compensation under the Motor Vehicles Act, 1988 rested on the …

LAL BABU PRIYADARSHIversusAMRITPAL SINGH

2015 INSC 1036Dismissed

The appellant sought registration of the word "RAMAYAN" with a crown device for incense sticks, which the respondent opposed on the ground that the term is the title of a Hindu holy book. The Assistant Registrar dismissed the opposition, but the Intellectual Property Appellate Board set aside that …

KAMLESH & ORS.versusATTAR SINGH & ORS.

2015 INSC 805Appeal(s) allowed

The dependants of Rishi Parkash filed a claim petition under the Motor Vehicles Act, 1988 against the driver, owner and insurer of a Maruti car and the driver of a tempo, seeking compensation for his death in a collision. The Motor Accidents Claims Tribunal held both drivers negligent and awarded …

COMMISSIONER OF CENTRAL EXCISE, CHENNAIversusM/S. NEBULAE HEALTH CARE LTD.

2015 INSC 800Dismissed

The appellants, both small‑scale industrial units, manufactured their own branded medicines and also performed job‑work for third parties, producing goods bearing the third parties' brand names. While they paid excise duty on the third‑party branded goods, they also claimed MODVAT/CENVAT credit on …

ASHOK RANGNTH NAGARversusSHRIKANT GOVINDRAO SANGVIKAR

2015 INSC 806Matter referred to larger bench

The respondents filed a suit for perpetual injunction which was dismissed by the trial court; the first appeal to the District Judge also dismissed the suit. The respondents then filed a second appeal before the Bombay High Court. The High Court reversed both the trial court and the first appellate …

DR. SANDEEP S/O SADASHIVRAO KANSURKAR AND OTHERSversusUNION OF INDIA AND OTHERS

2015 INSC 807Dismissed

The petitioners challenged the domicile‑based reservation for admission to super‑specialty medical courses in Andhra Pradesh, Telangana and Tamil Nadu, arguing that it violated Articles 14 and 16 and was contrary to national interest. The States relied on the 1974 Presidential Order issued under …

M/S. MERIDIAN INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2015 INSC 801Dismissed

M/s. Meridian Industries Ltd., a 100% Export Oriented Undertaking, manufactured cotton yarn using indigenous cotton and imported wax for coating. It claimed concessional excise duty under Notification No.8/97‑CE, which is available only to products made wholly from indigenous raw material. The …

DIRECTOR GENERAL OF FOREIGN TRADE AND ANR.versusM/S. KANAK EXPORTS AND ANR.

2015 INSC 799Disposed off

The case concerned the validity of several amendments to the Export-Import (EXIM) Policy 2002-2007 made by Notification No. 28 (Jan 28, 2004) and subsequent public notices and notifications (Jan 28 2004 Public Notice, Apr 21 & 23 2004 Notifications). Exporters alleged that these changes were …

VEERENDRA KUMAR DUBEYversusCHIEF OF ARMY STAFF & ORS.

2015 INSC 797Appeal(s) allowed

Veerendra Kumar Dubey, an operator in the Indian Army, was discharged after accruing four red‑ink entries for overstaying leave. Although a show‑cause notice was issued, no impartial inquiry was conducted as required by the Army Headquarters circular of 28 December 1988, which prescribes a …

STATE OF GUJARATversusM/S KOTHARI AND ASSOCIATES

2015 INSC 788Appeal(s) allowed

The State of Gujarat awarded a contract to M/s Kothari & Associates for canal lining, but repeatedly delayed handing over the site, forcing the contractor to seek four extensions of time. Each time the contractor claimed compensation for the delay, the State denied it, and the work was eventually …

MOLUGU MAHIPAL REDDY AND ORS.versusM PRADEEP KUMAR AND ORS.

2015 INSC 1035Remitted to Lower Court

A public‑interest writ petition (PIL No.130 of 2014) challenged the registration of land in Survey Nos.215 and 222, alleging illegal occupation of government land. The High Court allowed the PIL and directed officials to act, even extending its order to Survey Nos.244 and 246, which the appellants …

SUBRATA CHATIORAJversusUNION OF INDIA & ORS.

2015 INSC 1034Disposed off

The Supreme Court examined the Central Bureau of Investigation's (CBI) request to limit its investigation of numerous chit‑fund scam cases on the ground of alleged manpower shortage. The Court noted that the CBI had already taken over investigations of major scams, including the Saradha case, and …

BALU @ BALA SUBRAMANIAM & ANR.versusSTATE (U.T. OF PONDICHERRY)

2015 INSC 789Case Partly allowed

The appellants Balu@Balasubramaniam and Raja were convicted of murder and assault under Sections 302, 326 and 324 read with Section 34 of the IPC. The Supreme Court examined whether the prosecution had proved a common intention among the accused as required by s.34. While eye‑witness testimony …

SANT RAMversusDHAN KAUR & ORS.

2015 INSC 791Appeal(s) allowed

The petitioner sought clarification of a Supreme Court order dated 21‑04‑2009, which recorded his statement that he would not press the prayer for mesne profits. The lower courts had awarded mesne profits of Rs.30 per month (with 10% increase every three years) and interest, while the petitioner had …

PRAKASH & ORS.versusPHULAVATI & ORS.

2015 INSC 793Disposed off

The Supreme Court examined whether the Hindu Succession (Amendment) Act, 2005 (sections 6(1), 6(3), 6(5)) operates retrospectively. The appellant‑appellants argued that the amendment should not apply to a daughter whose father, a coparcener, died before the Act’s commencement, contending that the …

SHAILESH DHAIRYAWANversusMOHAN BALKRISHNA LULLA

2015 INSC 796Dismissed

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a …

C. CHAKKARAVARTY AND ORS.versusTMT. M. SATYAVATHY, IAS AND ORS.

2015 INSC 795Disposed off

Petitioners C. Chakkaravarty and others filed a contempt petition under Article 129 of the Constitution and Section 12 of the Contempt of Courts Act, alleging that the respondents, the Government of Pondicherry, violated the Supreme Court’s 2010 judgment in N. Suresh Nathan v. Union of India which …

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANOTHERversusUNION OF INDIA

2015 INSC 285

The Supreme Court of India considered the constitutional validity of the Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014, which sought to replace the collegium system of appointing judges to the higher judiciary with a six-member National …

PRATAP KISHORE PANDAversusAGNI CHARAN DAS

2015 INSC 792Dismissed

The Orissa Public Service Commission (OPSC) conducted a 1974‑75 competitive exam for Lower Division Assistants, but the number of SC/ST candidates selected was far below the reserved quota. The State Government filled the remaining reserved seats by sponsoring candidates through the Employment …

SUMER BUILDERS PVT. LTD.versusNARENDRA GORAN!

2015 INSC 783Dismissed

Sumer Builders Pvt. Ltd. entered into a development agreement and MoU with Narendra Goran for a land parcel in Indore. After disputes over payment and possession, the respondent terminated the agreements and invoked the arbitration clause. The developer applied to the Bombay High Court for interim …

KRISHIKA LULLA & ORS.versusSHYAM VITHALRAO DEVKATIA & ANR.

2015 INSC 781Appeal(s) allowed

Shyam Vithalrao Devkatta filed a criminal complaint under Section 63 of the Copyright Act, 1957 alleging that the film "Desi Boyz" infringed the copyright in the title of his story synopsis "Desi Boys". The accused filed applications under Section 482 of the CrPC to quash the complaint; the Bombay …

KHUMBARAMversusSTATE OF RAJASTHAN & ORS.

2015 INSC 1032Appeal(s) allowed

The appellant, Khumbha Ram, sought to challenge the acquittal of his daughter’s husband and others for the death of his daughter Kamla, which occurred within seven years of marriage and was alleged to involve dowry harassment. The trial court acquitted the accused, finding insufficient evidence of …

RAM SUNDER SENversusNARENDER @ BODE SINGH PATEL

2015 INSC 775Dismissed

The case involved the alleged rape and murder of a 12‑year‑old girl, Anita, whose father Ram Sunder Sen filed a criminal complaint against Narendra @ Bode Singh Patel. The trial court convicted Patel under IPC sections 302, 376(2)(f) and 201, imposing death, life imprisonment and a seven‑year term …

M/S. MANGALORE GANESH BEEDI WORKSversusCOMMISSIONER OF INCOME TAX, MYSORE &ANR.

2015 INSC 778Disposed off

The Supreme Court examined the claims of M/s. Mangalore Ganesh Beedi Works (the assessee) for deductions under the Income‑Tax Act. It held that legal expenses incurred after the business was taken over by an Association of Persons were incurred for protecting the going‑concern and therefore …

B. S. SHESHAGIRI SETTY & ORS.versusSTATE OF KARNATAKA& ORS.

2015 INSC 782Appeal(s) allowed

The appellants, small farmers, mortgaged their agricultural land to a cooperative bank and, after defaulting, the bank obtained an ex‑parte arbitral award ordering sale of the mortgaged property. The land was auctioned in 1981 and the sale was confirmed in 1985, even though the appellants had repaid …

FARUK ILAHI TAMBOLI &ANR.versusB.S. SHANKARRAO KOKATE (D) BY LRS. & ORS.

2015 INSC 768Appeal(s) allowed

The appellants purchased a 9.7 sq m shop in 1980 and later served notice to the tenant for non‑payment of rent and claimed a bona‑fide need to use the premises for their own betel‑nut and betel‑leaf retail business. The tenant contested, arguing that the appellants were jointly operating a family …

N. SUNKANNAversusSTATE OF ANDHRA PRADESH

2015 INSC 769Appeal(s) allowed

The appellant, a Deputy Tahsildar, was alleged to have demanded a bribe of Rs.300 from a fair‑price shop owner and was caught in a trap where tainted currency notes were recovered from his possession. The complainant later turned hostile, and no other witness testified to the demand. The trial and …

SANJIV RAJENDRA BHATTversusUNION OF INDIA & ORS.

2015 INSC 767Dismissed

Senior IPS officer Sanjiv Rajendra Bhatt filed writ petitions under Article 32 seeking transfer of investigations into two criminal cases to the CBI or a fresh Special Investigation Team (SIT), alleging that he was present at a 2002 Gujarat meeting, that the Court‑appointed SIT leaked confidential …

H.S.L.D.C.versusPRAN SUKH & ORS.

2015 INSC 765Disposed off

The Manesar Industrial Welfare Association, representing beneficiaries of land acquired for the Haryana Industrial and Infrastructure Development Corporation (HSI/DC), challenged a High Court order that enhanced compensation based on sale deeds of two private companies. The Supreme Court upheld that …

ASGER IBRAHIMAMINversusLIFE INSURANCE CORPORATION OF INDIA

2015 INSC 764Appeal(s) allowed

The appellant, who had served LIC for over 23 years and resigned after turning 50, sought pension under the Life Insurance Corporation of India (Employees) Pension Rules, 1995, which were given retrospective effect. The corporation denied the claim, arguing that resignation forfeited pension rights. …

OM PRAKASH [email protected]. JOSHIversusRAJENDRA PRASAD SHEWDA & ORS.

2015 INSC 758Dismissed

The Supreme Court examined a dispute over a property in Purulia that had been purchased by Jagannath Joshi with his funds but registered in his wife Moni Debi's name. The Court held that such a purchase, made for the wife's security, is a benami transaction where the wife is the real owner. The …

M/S. SPENTEX INDUSTRIES LTDversusCOMMISSIONER OF CENTRAL EXCISE & ORS.

2015 INSC 756Appeal(s) allowed

The appellant, Spentex Industries Ltd., manufactured polyester yarns, paid excise duty on both the raw materials and the finished products, and exported the goods. It claimed rebate of duty on both inputs and final goods under Rule 18 of the Central Excise Rules, 2002, filing 45 rebate applications. …

YALLAWA & ORS.versusSTATE OF KARNATAKA

2015 INSC 1031Dismissed

The case arose from a 1991 incident in which a group of accused set fire to the house of Channabasappa, resulting in the death of ten persons. The trial court acquitted the accused, but the Karnataka High Court reversed the acquittal, convicting them under various IPC provisions including murder, …

VASANT BALU PATIL & ORS.versusMOHAN HIRACHAND SHAH & ORS.

2015 INSC 757Dismissed

The plaintiffs filed suits for injunction against construction companies and later amended them to seek a declaration of title over 14.5 acres of land, claiming inheritance from their grandfather Amarsi Gujjar. The defendants, impleaded later, denied the plaintiffs' title, asserting that the land …

RAZIAAMIRALI SHROFF AND OTHERSversusM/S NISHUVI CORPORATION AND OTHERS

2015 INSC 762Disposed off

The petitioners filed a Notice of Motion (No.3616 of 2010) in the Bombay High Court seeking interim reliefs during the pendency of a suit. The Single Judge declined to grant any ad‑interim order, directing the parties to file affidavits and setting a hearing date. The petitioners appealed, but the …

DULU DEVIversusSTATE OF ASSAM AND OTHERS

2015 INSC 759Appeal(s) allowed

Oulu Devi, a teacher appointed in 1976 and regularised in 1989, served continuously for over 25 years. After a period of non-payment of salary, a High Court order directed the authorities to release her salary and investigate regularisation, which they complied with. Later, the authorities stopped …

PURNIMA MANTHENA AND ANOTHERversusDR. RENUKA DATLA & OTHERS

2015 INSC 738Appeal(s) allowed

The dispute arose in Biological E. Ltd. after the death of its promoter, when the widow (respondent No.1) and her three daughters were appointed directors. The widow challenged the validity of board meetings held on 9‑4‑2013, 10‑4‑2013 and 11‑4‑2013, the appointment of her daughters as directors and …

RAM BAHAL &ANR.versusDEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH & ORS.

2015 INSC 750Dismissed

The appeal concerned plots in Azamgarh where the appellants claimed ownership by adverse possession and payment of compensation, while the respondents sought expunction of the appellants' names from revenue records. The Consolidation Officer ordered expunction, the Settlement Officer later recorded …

AVENUE SUPERMARTS PVT. LTD.versusMRS. NISCHINT BHALLA & ORS.

2015 INSC 753Appeal(s) allowed

The suit concerned the administration of the estate of the deceased Durga Devi Hitkari, wherein a property at Chembur was to be sold. The appellant, Avenue Supermart Ltd., submitted the highest bid of Rs.20,15,00,000, which was accepted by all parties and an order dated 10‑02‑2009 by the single …

YELLAPU UMA MAHESWARI &ANR.versusBUDDHA JAGADHEESWARARAO & ORS.

2015 INSC 755Case Partly allowed

In a partition suit, the defendants sought to introduce two unregistered documents (Exhibit B‑21, a deed of memorandum, and Exhibit B‑22, an agreement) to prove the division of property. The trial court and the Andhra Pradesh High Court held the documents inadmissible, reasoning that they were …

NARAYAN LAXMAN PATILversusM/S GALA CONSTRUCTION COMPANY PRIVATE LIMITED & ORS.

2015 INSC 751Dismissed

The appellant, Narayan Laxman Patil, sought entry of his and six others' names in the "other rights" column of the Record of Rights for 11 acres of land in Village Eksar, claiming long uninterrupted possession and cultivation. The original owner, Kamlakar Narayan Samant, had sold the land to Gala …

STATE OF JAMMU & KASHMIRversusR.K. ZALPURI AND OTHERS

2015 INSC 754Appeal(s) allowed

The State of Jammu & Kashmir dismissed senior assistant R.K. Zalpuri in 1999 for alleged misappropriation of funds. Zalpuri filed a writ petition in 2006 challenging his dismissal, alleging non‑compliance with Rule 34 of the J&K Civil Services Rules. The State raised a preliminary objection of …

RAJASTHAN STATE ROAD TRANSPORT CORPN.versusALEXIS SONIER & ANR.

2015 INSC 752Disposed off

The claimant, an American citizen, was injured when a Rajasthan State Road Transport Corporation bus struck him during a peace march in India. The Motor Accidents Claims Tribunal awarded compensation, including US$125,348.01 for medical expenses covered by California's Medi‑Cal program, and Rs.10 …

M/S. NRC LIMITEDversusUNION OF INDIA & ORS.

2015 INSC 1030Appeal(s) allowed

M/s NRC Limited imported caprolactam and was assessed additional customs duty on the CIF value as well as on basic, auxiliary duties and landing charges. While the dispute was pending, the Government introduced the Kar Vivad Samadhan Scheme (KVSS) under the Finance Act, 1998, allowing declarants to …

STATE OF HARYANA & ORS.versusNORTHERN INDIAN GLASS INDUSTRIES LTD.

2015 INSC 745Appeal(s) allowed

The State of Haryana acquired land in 1973 for a sheet‑glass factory and conveyed it to Northern Indian Glass Industries Ltd. (NIGI) under a deed that prohibited sale without the State’s written permission and required construction of the factory within a stipulated period. NIGI failed to build the …

M/S. STAR INDUSTRIESversusCOMMISSIONER OF CUSTOMS (IMPORTS), RAIGAD

2015 INSC 748Dismissed

M/S. Star Industries imports roasted molybdenum ore concentrate for ferro‑alloy production and claims exemption from customs counter‑vailing duty under Notification No. 4/2006‑CE, which exempts "ores". The Customs Department contended that the imported material is a concentrate, not an ore, and …

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IVversusMIS. FITRITE PACKERS, MUMBAI

2015 INSC 741Appeal(s) allowed

Fitrite Packers purchased duty‑paid GI paper and printed logos and product names on it for customers such as Parle, delivering the printed paper in jumbo rolls. The Revenue argued that the printing process transformed the paper into a distinct commodity and therefore constituted manufacture under …

COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NAGPURversusM/S. ISPAT INDUSTRIES LTD.

2015 INSC 742Dismissed

The Commissioner of Customs and Central Excise challenged M/s Ispat Industries for allegedly evading excise duty by treating the buyer's premises as the place of removal and including freight and transit‑insurance charges in the assessable value for the period 28‑09‑1996 to 31‑03‑2003. The Court …

RAMESH CHAND (DEAD) THROUGH L.RS.versusASRUDDIN (DEAD) THROUGH LRSANDANOTHER

2015 INSC 735Disposed off

The plaintiff claimed that a sale agreement dated 21‑06‑2004 with the defendant for a 12‑kanal land, mortgaged to a bank, was breached when the defendant failed to execute the sale deed after receiving Rs 4 lakhs as earnest money. The defendant contended that he had already sold the same land to a …

SATYAPAL SINGHversusSTATE OF M.P. AND ORS.

2015 INSC 737Appeal(s) allowed

The father of a deceased woman filed an appeal before the Madhya Pradesh High Court challenging the acquittal of five accused in a dowry‑death case. The High Court dismissed the appeal mechanically, without examining whether the appellant needed leave of the High Court under Section 378(3) of the …

JAGDISH LAL GAMBHIRversusPUNJAB NATIONAL BANK & ORS.

2015 INSC 731Dismissed

Jagdish Lal Gambhir, an Assistant General Manager of Hindustan Commercial Bank, was transferred to Punjab National Bank (PNB) after the banks' amalgamation and placed as a Scale‑III officer. PNB later issued a charge‑sheet alleging irregular loan sanctions and initiated disciplinary proceedings, …

STATE THROUGH INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAUversusMUSHTAQ AHMAD ETC.

2015 INSC 719Appeal(s) allowed

The State, through an Intelligence Officer of the Narcotics Control Bureau, charged Mushtaq Ahmad and Guizar Ahmad with possession of large amounts of charas (6.2 kg and 4.0 kg respectively) seized on 5 April 2004. The trial court held that the seized charas constituted a "commercial quantity" under …

NEON LABORATORIES LTD.versusMEDICAL TECHNOLOGIES LTD. & ORS.

2015 INSC 728Dismissed

Neon Laboratories Ltd (appellant) sought to enforce its trademark ROFOL, for which it had applied in 1992 and obtained registration in 2001, but only began using the mark in 2004. Medical Technologies Ltd and its associate (respondents) had been using the similar mark PROFOL since 1998, having …

PUKHREM SHARATCHANDRA SINGHversusMAIREMBAM PRITHVIRAJ@ PRITHIBIRAJ SINGH

2015 INSC 726Disposed off

The appellant, Pukhrem Sharatchandra Singh, filed an election petition challenging the 2012 election of the respondent, Mairembam Prithviraj, on grounds of a forged affidavit and procedural irregularities. The respondent delayed filing his written statement for two years and repeatedly sought …

STATE BANK OF HYDERABADversusRABO BANK

2015 INSC 724Appeal(s) allowed

The plaintiff, RABO Bank, sued State Bank of Hyderabad (SBH) in a summary suit under Order 37 of the CPC, claiming payment on several Bills of Exchange that SBH had allegedly accepted via telex/fax messages. SBH denied liability, asserting that the co‑acceptances were unauthorized, that the Bills …

SUDHIRversusTHE STATE OF MAHARASHTRA AND ANOTHER

2015 INSC 725Dismissed

The case involved two officials of the Rural Water Supply Department of Zilla Parishad, Jalgaon, accused of misappropriating public funds allocated for rural drinking‑water schemes. FIRs were filed after an enquiry by the Revenue Commissioner and Deputy Commissioner, alleging large sums were …

THE COMMITTEE-GFILversusLIBRA BUILDTECH PRIVATE LTD. & ORS.

2015 INSC 718Case Allowed

The Supreme Court examined whether Libra Buildtech Private Ltd. and other bidders, who had paid Rs.6.22 crore as stamp duty for sale deeds of properties of a liquidated company, could claim a refund after the sale was cancelled and the sale consideration was returned. The Court held that the …

JELES EDUCATION SOCIETY & ORS.versusRT. BHITALE

2015 INSC 715Appeal(s) allowed

Jeles Education Society (appellant) ran a private school and advertised a vacancy for a Trained Graduate Teacher of English and Sanskrit, reserving the post for backward classes. R.T. Bhitale (respondent), an Other Backward Class candidate, was appointed on a purely temporary basis from 7 December …

KANACHUR ISLAMIC EDUCATION TRUST(R)versusUNION OF INDIA AND ANOTHER

2015 INSC 722Dismissed

The Kanachur Islamic Education Trust applied to the Government of India for permission to start a new MBBS college for 2015‑16. After obtaining state‑level clearances, the Medical Council of India (MCI) inspected the college and reported numerous deficiencies in faculty, infrastructure and clinical …

GANGA BAIversusSTATE OF RAJASTHAN

2015 INSC 1029Dismissed

Ganga Bai was tried and convicted for the murder of her daughter‑in‑law and two children under IPC s.302 read with s.34 and for destroying evidence under s.201, along with co‑accused Udai Lal and Daulat Ram. The trial court and the Rajasthan High Court upheld her conviction while acquitting the …

SARASWATI MEDICAL COLLEGEversusUNION OF INDIA AND ANR.

2015 INSC 723Disposed off

Saraswati Medical College sought a Letter of Permission to start a new MBBS programme with 150 seats for the 2015‑16 academic year. The Medical Council of India (MCI) inspected the college, identified deficiencies, and after a second inspection raised further deficiencies, leading the Union of India …

RAJINDER KUMARversusSTATE OF HARYANA AND ANOTHER

2015 INSC 720Disposed off

The appellant, a constable with fifteen years of service, was dismissed for repeated unauthorized absences, some due to treatment for chronic tuberculosis. The disciplinary and appellate authorities deemed him unfit for police service and imposed dismissal. The High Court set aside the dismissal, …

NEERU YADAVversusSTATE OF U.P. AND ANR.

2015 INSC 713Appeal(s) allowed

The appellant Neeru Yadav challenged the Allahabad High Court's order granting bail to respondent No.2, a repeat offender accused of multiple heinous offences including murder and armed assault. The High Court had relied primarily on the doctrine of parity, noting that other co‑accused had been …

ESSAR TELEHOLDINGS LTD.versusCENTRAL BUREAU OF INVESTIGATION

2015 INSC 706Dismissed

Essar Teleholdings Ltd. and other petitioners challenged a Delhi High Court order and a Delhi government notification that appointed a Special Judge to try all offences, including those under the Indian Penal Code, arising from the 2G spectrum scam. They sought a joint trial of the main case and a …

STATE OF MAHARASHTRAversusRAMLAL DEVAPPA RATHOD AND OTHERS

2015 INSC 712Case Partly allowed

The State of Maharashtra prosecuted 34 accused for mob assault that resulted in the death of Tanaji Rathod. All prosecution witnesses except the deceased's wife (PW‑12) turned hostile; the trial court relied on PW‑12’s detailed testimony, corroborated by medical reports, spot‑panchnama and recovered …

NARENDER SINGH & ORS.versusSTATE OF MADHYA PRADESH

2015 INSC 709Dismissed

The case concerned the murder of a village Sarpanch on 27 June 1997, for which six accused were convicted under Sections 302, 148 and 149 of the IPC and sentenced to life imprisonment. The appellants challenged the conviction on grounds that the FIR was ante‑dated, the injured eye‑witness (PW‑3) …

ANIL KALRAversusJ.D. PANDEY AND OTHERS

2015 INSC 710Disposed off

The case concerned a century‑old building in Lucknow covered by the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord, Anil Kalra, obtained a release order under s.16(1)(b) for demolition, but several occupants, allegedly placed by the respondents …

SAMAR PAL SINGHversusCHITRANJAN SINGH

2015 INSC 699Appeal(s) allowed

The landlord, Samar Pal Singh, sued his tenant, Chitranjan Singh, for eviction and arrears of rent under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenant deposited the full arrears with interest and costs, invoking protection under Section 20(4) of …

CHINTAMAN NAMDEV PATIL (DEAD)versusSUKHDEV NAMDEV PATIL & ANR.

2015 INSC 702Appeal(s) allowed

The plaintiff, Chintaman Patil, filed a suit seeking declaration of ownership and an injunction over a parcel of land. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed in the plaintiff's favour. The respondents appealed to the High Court, which …

K.P. SINGHversusSTATE OF NCT OF DELHI

2015 INSC 704Case Partly allowed

K.P. Singh was convicted under Section 8 of the Prevention of Corruption Act, 1988 for accepting a bribe of about Rs 700 and was sentenced by the trial court to two years' rigorous imprisonment and a fine of Rs 5,000. The High Court reduced the imprisonment term to one year (with a two‑month default …

M. VENKATESH AND ORS.versusCOMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

2015 INSC 1027Disposed off

The plaintiffs, M. Venkatesh and others, claimed ownership of land acquired by the Bangalore Development Authority (BOA) under the Land Acquisition Act, 1894, asserting settled possession and adverse possession of the vacant parcels after demolition of structures. BOA contended that the land vested …

TATA STEEL LTD.versusSTATE OF JHARKHAND & OTHERS

2015 INSC 1028Appeal(s) allowed

The State of Bihar (later Jharkhand) granted Tata Steel 350 acres of land in 1969 (Grant‑I) for a 99‑year lease, requiring use of the land for a specified industrial purpose within one year. Tata Steel utilized about 200 acres for its alloy and steel plants. In 1973 the State transferred 1,266 acres …

JAI MAHAL HOTELS PVT. LTD.versusRAJ KUMAR DEVRAJ & ORS.

2015 INSC 696Dismissed

The Supreme Court examined a dispute over the transfer of shares of Jai Mahal Hotels Pvt. Ltd. after the death of Late Maharaja Jagat Singh, who had bequeathed his shares to his mother Gayatri Devi (GD). GD and the grandchildren (the DR Group) obtained a succession certificate and GD executed a …

RANJIT SARKARversusSTATE OF TRIPURA

2015 INSC 1026Disposed off

The appellant, Ranjit Sarkar, was convicted of murder under Section 302 IPC for delivering a single blow with a wooden file to the head of the deceased, Anil Das, who later died from head injuries. The prosecution alleged multiple injuries, while the defence argued that only one blow caused the …

COMMISSIONER OF CUSTOMS, BANGALOREversusM/S. G. M. EXPORTS & OTHERS

2015 INSC 693Disposed off

The Supreme Court examined whether a final anti‑dumping duty could be levied for the period between the expiry of a provisional duty and the issuance of a final duty notification. The Court held that Rule 20(2)(a) of the Anti‑Dumping Rules must be read in harmony with Rules 13 and 21 and with WTO …

HEMANTA MONDAL AND OTHERSversusSRI GANESH CHANDRA NASKAR

2015 INSC 1025Disposed off

The Supreme Court examined a dispute arising from a sale agreement where the buyer paid Rs.60,000 as earnest money and agreed to pay the balance upon execution of a sale deed. The buyer sought specific performance, possession and injunction, but the sellers refused to execute the deed, questioning …

SHARADAMMAversusMOHAMMED PYREJAN (D) THROUGH LRS. &ANR.

2015 INSC 694Appeal(s) allowed

Sharadamma filed a suit in 1998 for declaration of title and restoration of possession of a property. The suit was dismissed in 1990 and she appealed. During the pendency of the appeal, she assigned her interest to her daughter Padmavathi, who subsequently sold the property to G.R. Ramesh. The …

AKHILESH KUMAR SINGHversusRAM DAWAN & ORS.

2015 INSC 1024Dismissed

The case concerned a single clerk post in a U.P. Intermediate College governed by the U.P. Intermediate Education Act, 1921. The college's regulations required that 50% of sanctioned posts be filled by promotion, with a note that a single post would be deemed as one when calculating the 50% quota. …

UNION OF INDIAversusRELIANCE INDUSTRIES LIMITED & ORS.

2015 INSC 692Dismissed

The Union of India and Reliance Industries Ltd. entered into Production Sharing Contracts for the Tapti and Panna Mukta fields that contained an arbitration clause stipulating that disputes be resolved under UNCITRAL rules, with the seat in London and the arbitration agreement governed by English …

SUSHIL ANSALversusSTATE THROUGH CBI

2014 INSC 168Disposed off

The Supreme Court affirmed the conviction of Sushil Ansal, Gopal Ansal and H.S. Panwar under IPC sections 304‑A, 337, 338 read with s.36 and s.14 of the Cinematograph Act, 1952 for the Uphaar cinema fire. The issue before the Court was the appropriate quantum of sentence, given the statutory maximum …

JASBIR SINGHversusTARASINGHAND OTHERS

2015 INSC 684Appeal(s) allowed

The respondents were convicted under Sections 466, 467, 468, 471 and 120B of the Indian Penal Code for forging documents to appropriate property. The trial court sentenced them to imprisonment ranging from one to three years. The High Court reduced each sentence to the period already served, relying …

SRI S.N. WADIYAR (DEAD) THROUGH LRversusCOMMISSIONER OF WEALTH TAX, KARNATAKA

2015 INSC 682Appeal(s) allowed

The appellant, the legal representative of the late S.N. Wadiyar, challenged the valuation of vacant land appurtenant to Bangalore Palace for wealth tax purposes. The Wealth Tax Officer had valued the land at market rates, ignoring the restrictions imposed by the Urban Land (Ceiling and Regulation) …

MITHUSINH PANNASINH CHAUHANversusGUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.

2015 INSC 679Appeal(s) allowed

The appellant, a 35‑year‑old constable, suffered severe head injury, loss of speech, memory and mobility after being hit by a Gujarat State Road Transport Corporation bus. He filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking Rs 4 lakh compensation for medical expenses, loss of …

RAM NIRANJAN KAJARIAversusSHEO PRAKASH KAJARIA AND OTHERS

2015 INSC 673Case Partly allowed

The case arose from a partition suit filed in 1978 where defendants No.5 and No.12, in their 1979 written statements, admitted that they had no right, title or interest in the family property, having renounced any claim. After about 25 years they sought to amend their written statements to withdraw …

BENGAL AMBUJA HOUSING DEVELOPMENT LTD.versusPRAMILA SANFUI AND ORS.

2015 INSC 674Disposed off

The West Bengal Housing Board (appellant) purchased a 20.184‑acre plot from the legal heirs of late Gangadas Pal, who were intermediaries under the West Bengal Estates Acquisition Act, 1953. The heirs had earlier been parties to a partition suit (Title Suit No. 121 of 1962) that was later amended to …

KOSHA INVESTMENTS LTD.versusSECURITIES & EXCHANGE BOARD OF INDIA & ANR.

2015 INSC 675Dismissed

Kosha Investments Ltd, having already held more than 15% of Snowcem India Ltd (SIL), acquired additional shares between June and August 1999 that exceeded the 5% threshold of the paid‑up capital in a financial year, but failed to make the public announcement mandated by SEBI (Substantial Acquisition …

SHANTI DEVI & OTHERSversusKAUSHALIYA DEVI

2015 INSC 1023Disposed off

Ram Narayan filed a suit in 1966 which ultimately led to Civil Appeal No. 124 of 1987. The appellant died in 1994 and, because no substitution was filed within the 90‑day period prescribed by Rule 3 of Order XXII CPC and Article 120 of the Limitation Act, the appeal abated and was dismissed in …