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Judgments of 2016

588 judgments · newest first · showing 1–200

AHMEDABAD MUNICIPAL CORPORATIONversusGTL INFRASTRUCTURE LTD. & ORS. ETC.

2016 INSC 1153Disposed off

The Supreme Court examined whether Gujarat's municipal tax provisions could levy a tax on mobile telephone towers. The petitioners (Ahmedabad Municipal Corporation) argued that mobile towers are not "land or building" under Entry 49 of List II of the Seventh Schedule, rendering the tax ultra‑violet. …

VIVEK NARAYAN SHARMAversusUNION OF INDIA

2016 INSC 1161Directions issued

The Supreme Court admitted a batch of writ petitions challenging the demonetisation notification of 8 November 2016 and issued interim directions. It examined the legality of the RBI's power to demonetise under the Reserve Bank of India Act and its compatibility with constitutional provisions. The …

LALITA RAMESH LASE & ORS.versusJAIRAJ KANTILAL SONAWALA & ORS.

2016 INSC 1154Dismissed

The petitioners, Lalita Ramesh Lase and others, claimed to be protected tenants of certain agricultural plots under the Bombay Tenancy and Agricultural Land Act, 1948, invoking Section 70(B) and seeking declaration of status dating back to the Tiller's Day of 1 April 1957. Their applications, …

C.I.T. & ANRversusMIS YOKOGAWA INDIA LTD

2016 INSC 1152

The Supreme Court examined the true nature of Section 1OA of the Income‑Tax Act, 1961, as amended by the Finance Acts of 2000 and 2003, to determine whether it confers an exemption or a deduction and at what stage the benefit should be applied. The Court considered whether the provision falls within …

STATE BANK OF INDIAversusSANTOSH GUPTA AND ANR. ETC.

2016 INSC 1157Appeal(s) allowed

The Supreme Court examined whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) could be applied in the State of Jammu & Kashmir. The High Court had held that key provisions of SARFAESI were ultra‑vires Parliament because they …

LALITESHWAR PRASAD SINGH & ORS.versusS. P. SRIVASTAVA (D) THR. LRS.

2016 INSC 1147Remitted to Lower Court

The plaintiff Shailendra Prasad Srivastava filed a suit for declaration of title over certain lands against Baidya Nath Prasad Verma, which the trial court dismissed. The High Court, acting as the first appellate court, reversed the trial court's decision and decreed in favour of the plaintiff, but …

JUSTICE (RETD.) MARKANDEY KATJUversusTHE LOK SABHA & ANR.

2016 INSC 1145Dismissed

Retired Supreme Court Judge Markandey Katju posted Facebook remarks calling Mahatma Gandhi a British agent and Subhash Chandra Bose an agent of Japanese fascism. Both the Rajya Sabha and Lok Sabha passed resolutions condemning his statements. Katju filed a writ petition under Articles 32 and …

J. ASHOKAversusUNIVERSITY OF AGRICULTURAL SCIENCES & ORS.

2016 INSC 1142Dismissed

The University of Agricultural Sciences advertised three Assistant Professor posts in Sericulture. The Selection Committee prepared a merit list placing J. Ashoka (appellant) at the top, followed by other candidates. The Board of Regents, however, appointed Dr. Fathima Sadathulla (respondent No.3) …

VIJAY SHANKAR MISHRAversusUNION OF INDIA & ORS.

2016 INSC 1144Appeal(s) allowed

Vijay Shankar Mishra, an officer of the Army Medical Corps, was discharged under Rule 13(3) Table III(v) of the Army Rules, 1954 on the ground of unsatisfactory conduct and was denied a disability pension. He had accrued six red‑ink entries and had served 13 years 8 months, short of the 15‑year …

SITA RAMversusBALBIR @ BALI .

2016 INSC 1151Hearing Adjourned

The Supreme Court examined a contempt petition filed after the respondent, Balbir, evaded arrest by remaining admitted in a private hospital for 527 days without medical justification, despite a Supreme Court order cancelling his bail and directing his surrender. The Court found that the respondent …

MOHAMMED ZUBAIR CORPORAL NO. 781467-GversusUNION OF INDIA & ORS.

2016 INSC 1141Dismissed

The appellant, a Muslim airman, applied to retain his beard on religious grounds but was ordered to shave under Air Force policy. He was discharged after refusing, and his writ petition challenging the order was dismissed by the High Court. On appeal, the Supreme Court examined whether Regulation …

NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS.versusUNION OF INDIA & ORS.

2016 INSC 1140Disposed off

The National Campaign on Dalit Human Rights and other NGOs filed a writ petition under Article 32 seeking enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and its 1995 Rules, alleging widespread non‑implementation by State and Central authorities. They …

RAM NARESH RAWATversusSRI ASHWINI RAY & ORS.

2016 INSC 1215Dismissed

The petitioners, originally engaged as daily‑wage workers in Madhya Pradesh, were classified as "permanent employees" under the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963, and obtained court orders directing that their pay be fixed in the regular pay‑scale of the posts. The …

H.D. SIKAND (D) THROUGH LRS.versusCENTRAL BUREAU OF INVESTIGATION AND ANR.

2016 INSC 1146Dismissed

The case concerned the death of Kishan Sikand, who was killed by a parcel bomb on 2 October 1982. The prosecution alleged that Lt. Col. S.J. Chaudhary, the ex‑husband of Rani Chaudhary, manufactured the bomb out of motive to prevent her living with Sikand. The trial court convicted Chaudhary under …

STATE OF HIMACHAL PRADESHversusSANJAY KUMAR @ SUNNY

2016 INSC 1149Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Sanjay Kumar, the paternal uncle of a nine‑year‑old girl, who was convicted by a trial court for raping the girl under IPC s.376(2)(j) and for criminal intimidation under s.506. The High Court set aside the conviction, relying on the three‑year …

M/S CENTROTRADE MINERALS & METAL INC.versusHINDUSTAN COPPER LTD.

2016 INSC 1214Hearing Adjourned

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing Clause 14, which provided for a two‑tier arbitration: first before the Indian Council of Arbitration and, if dissatisfied, a second "appeal" arbitration in London under ICC rules. A dispute arose; the …

SHAMAversusSTATE OF HARYANA

2016 INSC 1211Dismissed

The appellant Shama was convicted for murder under Sections 302 and 34 of the IPC, based primarily on the dying declaration of the deceased, Naurang, recorded by Police Inspector Mam Chand after a medical certification of fitness. The appellant challenged the conviction, arguing that the declaration …

MEARS GROUP INC.versusFERNAS INSAAT A.S.

2016 INSC 1134Disposed off

Mears Group Inc., a US company, entered into a contract with Fernas Insaat A.S., a Turkish firm, to perform horizontal directional drilling for a pipeline project in Bangladesh. The work order contained an arbitration clause requiring disputes to be referred to a sole arbitrator appointed by mutual …

BACHPAN BACHAO ANDOLANversusUNION OF INDIA & ORS.

2016 INSC 1124Disposed off

Bachpan Bachao Andolan filed a public‑interest writ petition under Article 32 seeking a mandamus directing the Union of India to devise and implement a national action plan to curb drug, alcohol and substance abuse among children. The Court noted the alarming rise in substance use among India’s 44 …

VISHRAM @ PRASAD GOVEKAR & ORS.versusSUDESH GOVEKAR (D) BY LRS. & ORS.

2016 INSC 1213Dismissed

The dispute concerned the ownership of a house (Survey No. 251/2) in Anjuna, Goa, which the respondents claimed was a permanent grant to their father Vassudev Govekar. The appellants, relatives of the deceased owner, argued that the property actually belonged to their grandfather Jagannath Govekar …

GREAVES COTTON LIMITEDversusUNITED MACHINERY AND APPLIANCES.

2016 INSC 1133Appeal(s) allowed

Greaves Cotton Ltd entered into a contract with United Machinery & Appliances that contained an arbitration clause. United Machinery filed a civil suit for loss and damage, and Greaves sought an eight‑week extension to file its written statement while invoking the arbitration clause. The respondent …

SHARAT BABU DIGUMARTIversusGOVT. OF NCT OF DELHI

2016 INSC 1131Appeal(s) allowed

The appellant, Sharad Babu Digumarti, was charged under IPC Sections 292 and 294 and IT Act Section 67 for alleged possession of obscene material in electronic form. He was discharged of the IT Act charge but the trial court framed a charge under IPC Section 292, which the High Court upheld. The …

UNION OF INDIAversusRAJASTHAN HIGH COURT & ORS.

2016 INSC 1122Case Partly allowed

A news report of a security breach at Sanganer Airport led the Rajasthan High Court to take suo moto cognizance and register a public interest writ under Art. 226. While the case was pending, the Bureau of Civil Aviation Security (BCAS) issued a circular exempting certain VVIPs from pre‑embarkation …

ABHIJIT PAWARversusHEMANT MADHUKAR NIMBALKAR & ANR.

2016 INSC 1212Appeal(s) allowed

The Supreme Court examined whether a magistrate must conduct an enquiry or direct an investigation under Section 202 of the Code of Criminal Procedure before issuing summons to accused persons residing outside the magistrate's territorial jurisdiction. The case arose from a criminal defamation …

HARSH KUMAR SHARMA, IFSversusSTATE OF PUNJAB & ANR.

2016 INSC 1130Disposed off

Harsh Kumar Sharma, an IFS officer, faced criminal prosecution under the Prevention of Corruption Act for alleged irregularities in a golf‑course project in a forest area. While his promotion to Chief Conservator of Forests was considered by the Departmental Promotional Committee (DPC), the DPC kept …

HARSHITA BHASINversusSTATE OF WEST BENGAL & ORS

2016 INSC 1129Disposed off

Mukul Bhasin and Harshita Bhasin, married in 2007, separated in 2013 and have two minor children aged eight and five. The husband filed a petition under the Guardians and Wards Act, 1890 for dissolution of marriage and custody, while the wife filed a habeas corpus petition. The Calcutta High Court …

KARMA DORJEE & ORSversusUNION OF INDIA AND ORS

2016 INSC 1123Disposed off

The petitioners, a group of advocates, filed a public‑interest writ under Article 32 seeking a court‑directed mechanism to curb racial discrimination against citizens from India's North‑Eastern states. Citing several media‑reported incidents and invoking Articles 15, 32 and 51A(e) of the …

LOKESH KATARA AND ANR.versusHONBLE HIGH COURT OF GUJARAT

2016 INSC 1126Dismissed

The petitioners, working as contractual Systems Officers and Systems Assistants in Gujarat courts, sought the Supreme Court's intervention under Article 32 to challenge a High Court advertisement for new posts and to compel the inclusion of a provision for their absorption into the regular cadre. …

STATE OF KARNATAKAversusSTATE OF TAMIL NADU & ORS.

2016 INSC 1210Hearing Adjourned

The Supreme Court examined appeals filed by Karnataka, Kerala and Tamil Nadu challenging the final order of the Cauvery Water Disputes Tribunal. The core issue was whether Article 262(2) of the Constitution together with Section 11 and Section 6(2) of the Inter‑State River Water Disputes Act, 1956 …

M/S ALCON ELECTRONICS PVT. LTD.versusCELEM S.A. OF FOS 34320 ROUJAN, FRANCE & ANR.

2016 INSC 1120Dismissed

The appellant, Alcon Electronics, challenged the execution in India of an English Court order that dismissed its jurisdictional plea and ordered it to pay costs of £12,229.75. The central question was whether such an interlocutory order is a conclusive foreign judgment under Section 13 of the CPC …

MUTHURAMALINGAM & ORS.versusSTATE REPRESENTED BY INSPECTOR OF POLICE

2016 INSC 1118Disposed off

On 10 February 1994, a group of accused assembled unlawfully in Ramanathapuram, Tamil Nadu, and attacked the family of the deceased Rajendran, killing eight persons including a one‑year‑old child. The trial court convicted the accused under various provisions of the IPC and sentenced them to life …

HDFC SECURITIES LTD. & ORS.versusSTATE OF MAHARASHTRA & ANR.

2016 INSC 1119Dismissed

The Supreme Court considered an appeal by HDFC Securities Ltd. and its officers challenging the registration of an FIR and a magistrate’s order under Section 156(3) of the CrPC directing police investigation into alleged unauthorized trades. The appellants argued that the order caused irreparable …

REENA BANERJEE & ANR.versusGOVT. OF NCT OF DELHI & ORS.

2016 INSC 1116Disposed off

The petitioners filed a writ petition alleging deplorable conditions at Asha Kiran Home, a Delhi Government-run facility for persons with disabilities, and suggested remedial measures. The Delhi High Court directed a joint meeting, accepted the Government's report of actions taken, and disposed of …

STATE OF JAMMU AND KASHMIR & ORSversusDISTRICT BAR ASSOCIATION, BANDIPORA

2016 INSC 1111Disposed off

The State of Jammu & Kashmir appealed against two orders of the High Court issued in a public‑interest litigation concerning the construction of a district court complex. The High Court, while hearing the PIL, directed the State to regularise 209 daily‑rated workers employed in the High Court and …

ALL INDIA POWER ENGINEER FEDERATION & ORS.versusSASAN POWER LTD. & ORS. ETC.

2016 INSC 1114Appeal(s) allowed

The dispute concerned the commercial operation date (COD) of Unit‑3 of the Sasan Ultra Mega Power Project under a Power Purchase Agreement (PPA) dated 7‑8‑2007. The procurers alleged that the generator had not met the PPA’s requirement of operating at least 95% of the contracted capacity for 72 …

ROBUST HOTELS PVT. LTD. & ORS.versusEIH LIMITED & ORS.

2016 INSC 1107Disposed off

EIH Ltd. entered into a Technical Services Agreement with Balaji Hotels (BHEL) for operating a hotel, and paid Rs 15.21 crore as financial accommodation. BHEL later obtained financial assistance from IFCI and TFCI, which sold the hotel unit to Robust Hotels under SARFAESI proceedings despite an …

SECURITIES & EXCHANGE BOARD OF INDIAversusBURREN ENERGY INDIA LTD. & ORS.

2016 INSC 1089Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s order that had set aside the Adjudicating Officer’s finding of a violation of Regulation 22(7) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997. Burren Energy India …

GURPAL SINGHversusSTATE OF PUNJAB

2016 INSC 1090Case Partly allowed

The appellant and his son were involved in a family land dispute with their brother (the informant). After a verbal altercation, the appellant fetched a 12‑bore DBBL gun and fired at the informant, killing him, and subsequently shot at the informant's wife and two friends, killing one and injuring …

GURCHARAN SINGHversusSTATE OF PUNJAB

2016 INSC 1092Appeal(s) allowed

The case involved the suicide of Surjit Kaur and her two daughters, who died after ingesting aluminium phosphide. A suicide note blamed the appellant Gurcharan Singh, his wife Ajit Kaur and a co‑accused for depriving the victims of their share in family property and subjecting them to harassment. …

KUNDAN LAL & ANR.versusKAMRUDDIN & ANR.

2016 INSC 1087Dismissed

The plaintiff, Kamruddin, sued for possession of a 120‑sq‑yd property (Khasra No. 270) alleging he was a tenant of the Punjab Wakf Board since April 1990. He claimed the defendants illegally occupied the land while he was away during communal riots. The defendants argued they had taken possession …

RAMVILAS (DEAD) THR. LRS. & ANR.versusKARIM KHAN & ANR.

2016 INSC 1085Dismissed

The respondent-plaintiff obtained a loan from the appellants and executed a deed titled a Sale Deed on 14‑06‑1972, which was later alleged to be a mortgage by conditional sale. The parties also signed an agreement that the sale would be cancelled and the land returned if the loan (Rs.5,000) was …

KHOKAN GIRI @ MADHABversusSTATE OF WEST BENGAL

2016 INSC 1086Dismissed

The appellant, Khokan Giri, was convicted along with three others for the murder and robbery of an elderly couple in Kolkata, based largely on the confessional statement of an accomplice, Raju Rao, who became an approver. The appellant challenged the conviction, arguing that the High Court gave …

MUKARRAB ETC.versusSTATE OF U.P.

2016 INSC 1084Dismissed

Mukarrab and Arshad were convicted for murder and related offences committed in 1994 and sentenced to life imprisonment. They later claimed they were juveniles at the time of the offence, invoking Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, despite having raised …

STATE OF- UTTAR PRADESH AND OTHERSversusSUBHASH CHANDRA JAISWAL AND OTHERS

2016 INSC 1083Appeal(s) allowed

The State of Uttar Pradesh challenged a writ petition filed under Art.226 that sought mandamus against certain respondents for alleged violations of excise licence rules and alleged fraud. The High Court, after examining the investigation, issued a series of sweeping directions ordering the creation …

DOKISEELA RAMULUversusSRI SANGAMESWARA SWAMY VARU & OTHERS

2016 INSC 1072Appeal(s) allowed

The appellant, Dokiseela Ramulu, a landless cultivator, claimed that he and his ancestors had possessed a parcel of agricultural land in Sangam Agraharam village long before the 1959 notification under Section 3 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) …

BISMILLAH BE (DEAD) BY LRS.versusMAJEED SHAH

2016 INSC 1073Appeal(s) allowed

The appellant, a co‑owner of a house in Jabalpur, proved her title to the suit property through a series of registered sale and partition deeds and served a quit notice on the respondent, who had been a tenant of the original owner, Rai Bahadur Motiram Mathuradas. The respondent denied any …

DELHI DEVELOPMENT AUTHORITYversusISLAMUDDIN & ORS.

2016 INSC 1078Dismissed

The Delhi Development Authority appealed against a Delhi High Court order that declared the land acquisition proceedings against the petitioners had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The DDA …

ASOKE KUMAR CHAUDHURI AND OTHERSversusKUNAL SAHA AND ANOTHER

2016 INSC 1076Appeal(s) allowed

The complainant alleged that three doctors were negligent, leading to his wife's death, and that the Inquiry Committee of the West Bengal Medical Council deliberately ignored expert reports to shield the doctors. He filed a criminal complaint against the Committee members under IPC sections 201, …

RAVINDRA RAMCHANDRA WAGHMAREversusINDORE MUNICIPAL CORPORATION & ORS.

2016 INSC 1075Dismissed

The Supreme Court examined challenges by landowners to the Municipal Corporations of Bhopal and Indore who, under Section 305 of the Madhya Pradesh Municipal Corporation Act, 1956, issued notices to remove or set back building portions projecting beyond the regular line of a public street for a Bus …

ASHOK KUMAR & ORS.versusUNION OF INDIA & ANR.

2016 INSC 1079Disposed off

The appellants, landowners whose properties were acquired under the Land Acquisition Act, 1894, filed multiple civil appeals seeking compensation. The Supreme Court noted that the factual matrix of each appeal—location of the land, acquisition notifications, and prior compensation …

DILBAGH SINGHversusSTATE OF PUNJAB

2016 INSC 1067Dismissed

The appellant and a co-accused were intercepted while travelling in a car and six bags of poppy husk were seized from the vehicle. The appellant challenged the conviction under the NDPS Act, contending that the investigating officers had violated Sections 50 and 57 of the Act. The Supreme Court …

RAM AUTAR & ORS.versusSTATE OF U.P.

2016 INSC 1070Case Partly allowed

The incident arose when the deceased's cattle trespassed into the fields of the appellants, leading to a heated exchange. Later that day, while seated in adjacent compounds, an altercation escalated; the appellants, urged by others, fetched a gun and shot the deceased, who was also assaulted with …

MOHD. HASHIMversusSTATE OF UP & ORS.

2016 INSC 1066Appeal(s) allowed

The respondents were convicted under IPC sections 323 and 498‑A and under Section 4 of the Dowry Prohibition Act, 1961, and sentenced to imprisonment and fine. They sought release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The question before the Supreme …

UCO BANK AND ANR.versusDIPAK DEBBARMA & ORS.

2016 INSC 1064Appeal(s) allowed

UCO Bank issued a sale notification under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to auction mortgaged property. The borrowers, members of Scheduled Tribes, challenged the sale alleging that Section 187 of the Tripura Land Revenue and …

MANBHAR DEVI AGARWALversusTHE STATE OF RAJASTHAN & ORS.

2016 INSC 1063Disposed off

The appellant, a construction contractor, used minerals purchased from the open market for building works. The State of Rajasthan, through various government orders and circulars, required a 2% deduction from contractors' bills as royalty on minerals, aiming to prevent the use of illegally mined …

ANJAN DASGUPTAversusTHE STATE OF WEST BENGAL & ORS.

2016 INSC 1062Dismissed

The case concerns the murder of Debo! Kumar Ghosh on 16 June 2000, for which Anjan Dasgupta and Biswanath Paul were alleged to have directed shooters. The trial court acquitted them, citing alleged ante‑dating and ante‑timing of the FIR and discarding eye‑witness testimony. The Calcutta High Court …

RAMESH VERMA (D) TR. LRS.versusLAJESH SAXENA (D) BY LRS & ANR.

2016 INSC 1053Dismissed

The case arose from a partition suit filed by the deceased Lajesh Saxena seeking a share in the joint Hindu family property. The trial court allotted shares, which the High Court altered by increasing the daughter’s share to one‑eighth and rejecting the validity of three wills under Section 68 of …

MAHANAGAR TELEPHONE NIGAM LTD.versusM/S. APPLIED ELECTRONICS LTD.

2016 INSC 1059Directions issued

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined …

STATE OF BIHARversusRAJBALLAV PRASAD@ RAJBALLAV PP. YADAV@ RAJBALLABH YADAV

2016 INSC 1061Appeal(s) allowed

The State of Bihar appealed against the High Court’s order granting bail to Rajballav Prasad, an under‑trial accused charged with multiple serious offences under the IPC, POCSO Act and Immoral Traffic Act. The accused had initially evaded arrest, later surrendered, and his bail application was …

GOLLA RAJANNA ETC. ETC.versusTHE DIVISIONAL MANAGER AND ANOTHER, ETC. ETC.

2016 INSC 1054Appeal(s) allowed

The appellants, six workmen, were awarded compensation based on disability percentages ranging from 35% to 40% by the Workmen's Compensation Commissioner. The insurer challenged the award under Section 30 of the Workmen's Compensation Act, 1923, and the High Court re‑appreciated the evidence, …

K.V. PRAKASH BABUversusSTATE OF KARNATAKA

2016 INSC 1051

The appellant, K.V. Prakash Babu, was convicted under Sections 498‑A and 306 of the IPC for the suicide of his wife, who allegedly suspected him of an extra‑marital affair. The prosecution alleged that the husband's alleged relationship and the resulting suspicion constituted mental cruelty that …

STATE THROUGH LOKAYUKTA POLICE, RAICHURversusC. N. MANJUNATH

2016 INSC 1048Disposed off

The Supreme Court examined whether a licensed surveyor appointed under Section 18A of the Karnataka Land Revenue Act, 1964 qualifies as a "public servant" under Section 2(c) of the Prevention of Corruption Act, 1988. The respondent, C.N. Manjunath, performed statutory duties of preparing survey …

RAMESH AND OTHERSversusSTATE OF HARYANA

2016 INSC 1049Dismissed

The case involves the death of Roshni, who suffered 100% burns and gave a dying declaration to a Judicial Magistrate in hospital after a doctor certified her fitness to speak. The trial court acquitted the four accused, rejecting the dying declaration and relying on the victim's brother's testimony …

HARPAL SINGH @ CHHOTAversusSTATE OF PUNJAB

2016 INSC 1045Dismissed

The Supreme Court upheld the convictions of Harpal Singh @ Chhota and co‑accused for kidnapping, abduction for ransom and conspiracy under IPC §§ 364A, 395, 412, 471, 1208 and Arms Act § 25. The Court found the victim’s testimony – recorded under §§ 161 and 164 Cr.P.C. and reiterated at trial – to …

LOK PRAHARI THR. ITS GNRL. SECY, S N SHUKLAversusSTATE OF UP AND ORS

2016 INSC 1043Disposed off

The Supreme Court examined the constitutional validity of Uttar Pradesh's Vidhayak Nidhi Scheme, which allocates annual grants to MLAs and MLCs for development work in their constituencies. The petition challenged the scheme on the ground that it violated Article 243ZD of the Constitution and the …

STATE OF U P AND ORSversusALL U P CONSUMER PROTECTION BAR ASSOCIATION

2016 INSC 1047Hearing Adjourned

The Supreme Court examined the severe infrastructural and administrative deficiencies in the consumer dispute redressal fora across India, as highlighted in the interim report of the Justice Arijit Pasayat Committee. It held that the Committee’s findings merit deference and that the existing poor …

BAIJNATH & OTHERSversusSTATE OF MADHYA PRADESH

2016 INSC 1040Appeal(s) allowed

The deceased Saroj Bai was found hanging in her matrimonial home within seven years of marriage. The State alleged that her husband’s family demanded a motorcycle as dowry, subjecting her to cruelty and harassment, thereby invoking Sections 304B and 498A of the IPC and the statutory presumption …

H.P. STATE ELECTRICITY BOARD LTD.versusMARESH DAHIYA

2016 INSC 1041Case Partly allowed

Mahesh Dahiya, a senior engineer of H.P. State Electricity Board, was charged with willful absence from duty and disobedience of orders to appear before a medical board. A disciplinary inquiry was conducted under the CCS (CCA) Rules, 1965, and the inquiry officer’s report dated 29‑12‑2007 found the …

P. M. ABUBAKARversusSTATE OF KARNATAKA AND ORS.

2016 INSC 1033Disposed off

The debtor defaulted on a bank loan secured by mortgage property, leading to an award for recovery and subsequent auction of the property where the appellant, P.M. Abubakar, was the highest bidder. The debtor failed to deposit the awarded amount and did not file the statutory application under Rule …

SRIKANT ROY & ORS.versusSTATE OF JHARKHAND & ORS.

2016 INSC 1030Disposed off

The Supreme Court examined the selection process for Additional District Judges in Jharkhand, where 50% of posts were filled by promotees on merit‑cum‑seniority and the remaining 50% were to be split equally between promotion through a Limited Competitive Examination and direct recruitment from the …

SAHAKARI MANDALI LTD. AND ORS.versusDETHALI GOPALAK VIVIDH KARYAKARI

2016 INSC 1031Dismissed

The Supreme Court examined whether members of the managing committees of cooperative credit societies, which were subject to winding‑up proceedings under Section 107 of the Gujarat Co‑operative Societies Act, could vote in elections for Agricultural Produce Market Committee members as prescribed by …

IDBI TRUSTEESHIP SERVICES LTD.versusHUBTOWN LTD.

2016 INSC 1027Appeal(s) allowed

The appeal arose from a summary suit filed by IDBI Trusteeship Services Ltd., a debenture trustee, to enforce an unconditional corporate guarantee issued by Hubtown Ltd. (formerly Ackruti City Ltd.) on behalf of its subsidiary Vinca. The plaintiff alleged defaults on debentures issued by Amazia and …

STATE OF UTTAR PRADESH AND OTHERSversusDHIRENDRA PAL SINGH

2016 INSC 1029Disposed off

Dhirendra Pal Singh, a retired Assistant Store Superintendent of Uttar Pradesh, had 30% of his gratuity and pension withheld on the ground of alleged stock discrepancies. No departmental enquiry under Article 351‑A of the Uttar Pradesh Civil Service Regulations was ever initiated, and the document …

JINDAL STAINLESS LTD. & ANRversusSTATE OF HARYANA & ORS

2016 INSC 1019Directions issued

The Supreme Court, by a 9-judge bench, answered a reference on the interpretation of Articles 301-304 of the Constitution concerning the validity of entry taxes levied by states. The majority held that taxes simpliciter are not within the contemplation of Part XIII of the Constitution, and the word …

ARJUN GOPALAND ORSversusUNION OF INDIA & ORS.

2018 INSC 981Directions issued

The petitioners filed a writ petition under Article 32 seeking emergency relief from the severe air‑pollution in the National Capital Region caused by the widespread use of fireworks during Diwali and the marriage season. They alleged that the pollution breached fundamental rights, especially the …

DELHI SUBORDINATE SERVICES SELECTION BOARDversusPRAVEEN KUMAR

2016 INSC 1208Appeal(s) allowed

The Delhi Subordinate Services Selection Board (DSSSB) advertised a Teacher (Primary) post for Municipal Corporation of Delhi schools in 2009 with an age limit of 20-27 years. Praveen Kumar was declared ineligible as over‑age and challenged the decision, relying on a Delhi High Court judgment in …

"IN RE: THE PUNJAB TERMINATION OF AGREEMENT ACT, 2004"versus.

2016 INSC 1018Reference answered

The Supreme Court was asked by the President, under Article 143, to opine on the constitutional validity of the Punjab Termination of Agreements Act, 2004, which sought to terminate the 1981 Punjab‑Haryana‑Rajasthan water‑sharing agreement and nullify Supreme Court decrees ordering completion of the …

MANGANESE ORE INDIA LTD.versusSTATE OF M.P. & ORS.

2016 INSC 1017Appeal(s) allowed

Manganese Ore India Ltd. challenged the levy of a 40% electricity duty on its ferro‑manganese plant, arguing that the plant’s activities constitute manufacturing, not "processing" as defined in Explanation (b) of Part B of the Madhya Pradesh Electricity Duty Act, 1949. The State contended that the …

MAHAVIR SINGHversusSTATE OF MADHYA PRADESH

2016 INSC 1014Appeal(s) allowed

The case concerned Mahavir Singh, who was convicted by the High Court of Madhya Pradesh for murder under Section 302 IPC, overturning an acquittal by the trial court. The prosecution's case relied on the statements of several eyewitnesses, the seizure of a gun and cartridges from the accused, and …

STATE BANK OF INDIA & ORS.versusNEELAM NAG & ANR.

[2016] 8 S.C.R. 436Order modified

The Supreme Court of India, in Civil Appeal No. 4715 of 2011 (State Bank of India & Ors. v. Neelam Nag & Anr.), issued a correction to its earlier judgment dated 16 September 2016. The correction clarifies that the name "Neelam Nag" in the cause title should read "Neelam Nag & Anr." and that every …

REPRESENTED BY ITS PRINCIPAL SECRETARY & ORS.versusSTATE OF TAMIL NADU

2016 INSC 1016Disposed off

The case concerned the Tamil Nadu Government's decision to relax the qualifying marks in the Teacher Eligibility Test (TET) by 5% for candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, and other disadvantaged groups. The petitioners challenged the relaxation on …

COMMERCIAL TAX OFFICER & ORS.versusSTATE BANK OF INDIA & ANR.

2016 INSC 1006Dismissed

The Supreme Court considered whether the State Bank of India (SBI), acting on a Reserve Bank of India (RBI) directive to purchase Exim scrips (formerly replenishment licences) at a 20% premium and subsequently cancel them, was liable to purchase tax under the Bengal Finance (Sales Tax) Act, 1941. …

BHUPINDER SINGH BAWAversusASHA DEVI

2016 INSC 1010Dismissed

The tenant Bhupinder Singh Bawa occupied a two‑room premises in New Delhi under a rent deed dated 20 July 1989. The landlord Asha Devi, who acquired the property in 2002, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for her …

VOLUNTARY HEALTH ASSOCIATION OF PUNJABversusUNION OF INDIA AND OTHERS

2016 INSC 1013Disposed off

The Supreme Court heard two writ petitions challenging the implementation of the Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and its Rules. The petitioners sought directions for stricter enforcement, a centralised civil‑registration database, training …

STATE BANK OF PATIALAversusMUKESH JAIN & ANR.

2016 INSC 1007Appeal(s) allowed

The State Bank of Patiala had advanced a term loan of Rs.8 lakh to Mukesh Jain, who defaulted and the bank invoked the SARFAESI Act, issuing a notice under Section 13(2). Jain challenged the SARFAESI proceedings by filing a civil suit, prompting the bank to move an application under Order VII Rule …

NATHIYAversusSTATE REP. BY INSPECTOR OF POLICE, BAGAYAM POLICE STATION, VELLORE

2016 INSC 1008Appeal(s) allowed

The trial court convicted Nathiya and Suresh under Section 302 read with Section 34 of the IPC for the murder of Gurunathan, relying on circumstantial evidence and alleged confessional statements. The High Court upheld the conviction, but on appeal the Supreme Court examined the evidence and found …

ZORAWAR SINGH AND ANR.versusGURBAX SINGH BAINS AND ORS.

2016 INSC 1207Proceedings closed/dropped

The Supreme Court, recalling its earlier directions in Zorawar Singh v. Gurbax Singh Bains (2015) 2 SCC 572, noted that the State had filed a report under Section 173 of the CrPC after conducting a thorough investigation as directed, and that the Chief Secretary’s inquiry report showed compliance …

PRAMOD JAIN AND OTHERSversusSECURITIES AND EXCHANGE BOARD OF INDIA

2016 INSC 1003Dismissed

The appellants Pramod Jain and others made a hostile public offer to acquire 25% of Golden Tobacco Ltd. and later sought to withdraw the offer, alleging that SEBI’s undue delay in approving their draft letter of offer allowed the target company to siphon assets and erode its net worth, defeating the …

COMMISSIONER OF COMMERCIAL TAX, U.P.versusM/S OSWAL GREENTECH LIMITED

2016 INSC 7Dismissed

M/s Oswal Greentech Ltd., a holder of a recognition certificate under Section 4‑B of the Uttar Pradesh Trade Tax Act, purchased natural gas at a concessional rate using Form III‑B and used it to manufacture urea. Some of the finished urea was transferred out of Uttar Pradesh by way of stock transfer …

COMMISSIONER OF COMMERCIAL TAXES & ORS.versusM/S BAJAJ AUTO LTD. & ANR.

2016 INSC 996Appeal(s) allowed

The respondents, dealers of motor vehicles, paid entry tax under the Orissa Entry Tax Act, 1999 and surcharge under the Orissa Sales Tax Act, 1947. A Finance Department circular directed that surcharge under Section SA of the Sales Tax Act be calculated on the gross sales tax payable, not after …

SHYAM PALversusDAYAWATL BESOYA & ANR.

2016 INSC 1001Case Partly allowed

The appellant was convicted in two separate complaints under Section 138 of the Negotiable Instruments Act for issuing dishonoured cheques of Rs.5 lakh each, relating to two loans advanced by the same complainant on different dates but on identical terms. Both trials awarded ten months' simple …

PRATAP SINGH YADAVversusHARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

2016 INSC 998Case Partly allowed

The appellant was allotted a residential plot by HUDA in 1998, paid 25% of the price, and later surrendered the plot and received a refund. He subsequently filed a consumer complaint seeking restoration of the plot or an alternative plot with compensation. The District Consumer Forum allowed the …

T.S. DAS AND ORS.versusUNION OF INDIA AND ANR.

2016 INSC 994Disposed off

The petitioners, former Sailors appointed before 1973, claimed that after completing ten years of active service they were entitled to either a Reservist Pension under Regulation 92 or a Special Pension under Regulation 95 of the Navy (Pension) Regulations, 1964. They argued that the Government's 3 …

SATYA PAL ANANDversusSTATE OF M.P. & ORS.

2016 INSC 988Dismissed

The appellant, Satya Pal Anand, claimed inheritance of a plot allotted to his mother by a housing cooperative society, which after her death unilaterally executed and registered an Extinguishment Deed cancelling the allotment. He entered into a compromise deed receiving Rs.6.5 lakh, but also filed a …

DRAVYA FINANCE PVT. LTD. & ANR.versusS.K. ROY & ORS.

2016 INSC 989Disposed off

Dravya Finance Pvt. Ltd., a non‑banking finance company, accepted life‑insurance policies as collateral through assignment by borrowers. The Life Insurance Corporation (LIC) issued circulars restricting such assignments, which were quashed by the Bombay High Court, but no interest was awarded. LIC …

NAVJOT SINGH SIDHUversusOM PARKASH SONI & ORS.

2016 INSC 990Case Partly allowed

The 2009 Lok Sabha election for Amritsar was challenged in an election petition alleging three categories of corrupt practice: excess election expenditure on newspaper advertisements, excessive spending on public meetings, and assistance from a gazetted officer, along with a grievance about the …

STATE OF PUNJAB & ORS.versusJAGJIT SINGH & ORS.

2016 INSC 993Disposed off

The Supreme Court examined a batch of appeals challenging a Punjab High Court full bench decision that denied daily‑wage, ad‑hoc and contractual employees the right to equal pay with regular staff. The Court clarified that the principle of ‘equal pay for equal work’ applies to temporary employees …

SAROJ AGARWALLA (DEAD) THR. LR ABHISHEK AGRAWALLAversusYASHEEL JAIN

2016 INSC 986Dismissed

The appellant sought probate of a will of her deceased brother, but two respondents—Yasheel Jain, claiming to be the testator's nephew and beneficiary under an alleged earlier will, and Malati Tulshan, claiming to be the testator's second wife—filed caveats. The Calcutta High Court rejected the …

CHEVITI VENKANNA YADAVversusSTATE OF TELANGANA AND ORS.

2016 INSC 1206Dismissed

The petitioners were appointed as Chairmen, Vice‑Chairmen and members of Agricultural Market Committees under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. After the creation of Telangana in 2014, the State promulgated Ordinance No.1 of 2014 reducing the size of the …

UNION OF INDIA & ORS.versusM/S. CIPLA LTD. & ANR.

2016 INSC 981Disposed off

The Supreme Court examined the validity of several notifications issued by the Central Government under the Drugs (Prices Control) Order, 1995 (DPCO 1995) that prescribed norms for conversion cost, packing charges and process loss, and fixed retail or ceiling prices of drug formulations. The Court …

ASHOK KUMAR & ANRversusSTATE OF BIHAR & ORS

2016 INSC 1205Disposed off

The case concerned promotion of Class IV civil court staff to Class III posts in Bihar. The original selection used an 85‑mark written test and 15‑mark interview, but the High Court directed a fresh examination with 90 marks for the written part and 10 for the interview. The appellants participated …

STATE OF JAMMU AND KASHMIRversusVICHAR KRANTI INTERNATIONAL & ANR.

2016 INSC 980Disposed off

The State of Jammu and Kashmir appealed a High Court judgment that had set aside a 2005 circular restricting private tutoring by government teachers and, erroneously, had also directed on the regulation of private practice by government doctors. The Supreme Court held that the circular, issued by …

BOARD OF CONTROL FOR CRICKET IN INDIAversusCRICKET ASSOCIATION OF BIHAR & ORS.

2016 INSC 983Hearing Adjourned

The Supreme Court examined the Board of Control for Cricket in India (BCCI)'s failure to implement the Justice Lodha Committee's recommendations, particularly the appointment of a CAG nominee, after the Court had endorsed those recommendations on 18 July 2016. The Court found that the BCCI President …

YOGESH SINGHversusMAHABEER SINGH & ORS.

2016 INSC 978Appeal(s) allowed

Mohan Singh was murdered on 26 June 1982; his head was severed and the crime was witnessed by his daughter (a child) and his father. The trial court convicted six accused under Sections 302 and 149 of the IPC, but the Allahabad High Court later acquitted them, citing alleged delays in FIR dispatch, …

HARBEER SINGHversusSHEESHPAL & ORS.

2016 INSC 977Dismissed

The case arose from the murder of Balbir Singh on 21‑12‑1993, alleged to have been committed by Sheeshpal and his associates in a pre‑planned conspiracy. The trial court convicted the accused under Sections 302, 149 and 120B IPC, sentencing them to life imprisonment. On appeal, the High Court …

VATSALA SHENOYversusJOINT COMMISSIONER OF INCOME TAX

2016 INSC 969Case Partly allowed

The partners of the dissolved partnership firm Mis. Mangalore Ganesh Beedi Works sold the firm's assets as a going concern to an Association of Persons (AOP-3) after winding‑up proceedings. The Assessing Officer treated the partners' share of the sale proceeds as capital gains in their individual …

LANCO ANPARA POWER LIMITEDversusSTATE OF UTTAR PRADESH & ORS.

2016 INSC 973Dismissed

Lanco Anpara Power Ltd was constructing a thermal power plant and had obtained registration under the Factories Act. The State authorities issued show‑cause notices under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the …

TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. (TANGEDCO) REP. BY ITS CHAIRMAN MANAGING DIRECTOR AND ANR. ETC.versusCSEPDI - TRISHE CONSORTIUM, REP. BY ITS MANAGING DIRECTOR & ANR.

2016 INSC 968Appeal(s) allowed

The Tamil Nadu Generation and Distribution Corporation (TANGEDCO) floated a tender for two 660 MW super‑critical power units. After qualifying, two bidders – CSEPDI‑TRISHE and BHEL – submitted supplementary price bids which were evaluated by an independent financial consultant. The consultant’s …

VIKAS SANKHALA & ORS. ETC.versusVIKAS KUMAR AGARWAL & ORS. ETC.

2016 INSC 970Disposed off

The case concerned the validity of a policy issued by the State of Rajasthan on 23 March 2011 that relaxed the minimum passing marks in the Teacher Eligibility Test (TET) for candidates belonging to reserved categories. General‑category candidates challenged the policy, arguing that the relaxation …

VIVEK BATRAversusUNION OF INDIA AND OTHERS

2016 INSC 971Dismissed

Vivek Batra, an Indian Revenue Service officer, was investigated by the CBI for possessing assets disproportionate to his known income. After a six‑year investigation, the Finance Ministry sought and eventually received a sanction for his prosecution on 9 October 2012, following advice from the …

MONTECARLO LTD.versusNTPC LTD.

2016 INSC 976Dismissed

Montecarlo Ltd. submitted a techno‑commercial bid for NTPC Ltd.'s coal‑mine development project, but NTPC declared the bid technically non‑responsive because Montecarlo lacked experience in drilling for blasting. Montecarlo challenged this decision before the High Court, arguing that the …

RAJENDER BANSAL & ORS.versusBHURU (D) THR. LRS. & ORS.

2016 INSC 972Appeal(s) allowed

The landlords filed a civil suit for eviction of tenants occupying a shop in a rural area of Haryana, which at the time of filing was not covered by the Haryana Urban (Control of Rent and Eviction) Act, 1973. While the suit was pending, a municipal notification brought the area within the urban …

TIN PLATE DEALERS ASSOCIATION PVT. LTD. & ORS.versusSATISH CHANDRA SANWALKA & ORS.

2016 INSC 959Disposed off

The dispute involved the Sanwalka group, who alleged oppression by the Gupta group after the latter took control of Tin Plate Dealers Association Pvt. Ltd. The Sanwalka group filed a company petition under ss.397/398 of the Companies Act, 1956 challenging the forfeiture of their shares, the issuance …

UNION OF INDIA & ANR.versusM/S MEGHMANI ORGANICS LTD. & ORS.

2016 INSC 960Directions issued

The Supreme Court examined the interpretation of Rule 7 of the Customs Tariffs (Identification, Assessment and Collection of Anti‑Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, to determine whether the Designated Authority (DA) could claim confidentiality for its own …

RANDHIR @ RANDHIR PAL & ORS.versusSTATE OF HARYANA

2016 INSC 956Appeal(s) allowed

The victim Laxman was shot and killed inside his shop on 26 November 2002, with six accused alleged to have entered the shop armed and assaulted him. Five other accused (A2, A4, A7, A8, A11) were alleged to have been standing outside the shop, preventing people from entering or moving along the …

NARENDRAversusK. MEENA

2016 INSC 952Appeal(s) allowed

The appellant husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty by his wife who made false accusations of an extra‑marital affair, threatened suicide, and insisted that he separate from his parents. The Family Court found these acts …

HIRAL P. HARSORA AND ORS.versusKUSUM NAROTTAMDAS HARSORA AND ORS.

2016 INSC 955Disposed off

The Supreme Court examined the definition of "respondent" in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, which limited it to an "adult male person". The Court held that this restriction bore no rational relation to the Act's purpose of protecting women from all forms of …

A. AYYASAMYversusA. PARAMASIVAM & ORS.

2016 INSC 948Appeal(s) allowed

The appellant, a partner in a hotel partnership, filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 seeking to refer a civil suit filed by the other partners to arbitration. The respondents argued that serious allegations of fraud and mis‑appropriation of funds made …

BHAGWAN JAGANNATH MARKAD & ORS.versusSTATE OF MAHARASHTRA

2016 INSC 947Case Partly allowed

The case involved the murder of Bibhishan Vithoba Khadle and injuries to six others during a politically motivated assault by a group of accused. The trial court acquitted all accused, rejecting eye‑witness testimony on the ground of contradictions, alleged interest, and procedural defects. The High …

RAJA AND OTHERSversusSTATE OF KARNATAKA

2016 INSC 946Appeal(s) allowed

The appellants were charged with gang rape, abduction and robbery under Sections 376(g), 366, 392 read with 34 of the IPC based on the testimony of a prosecutrix who alleged she was abducted, assaulted and robbed. The trial court acquitted them, but the Karnataka High Court reversed the acquittal …

SADDIK @ LALO GULAM HUSSEIN SHAIKH & ORS.versusSTATE OF GUJARAT

2016 INSC 939Dismissed

The appellants, including Sadik @ Lalo Gulam Hussein Shaikh, were convicted for the murder of Rajubhai Ramubhai Vasava after an altercation over biryani payment escalated into a violent assault involving knives and sticks. The trial court and the Gujarat High Court held that the deceased suffered …

B.A. UMESHversusREGISTRAR GENERAL, HIGH COURT OF KARNATAKA

2016 INSC 1204Disposed off

B.A. Umesh, an ex‑police constable, was convicted of murder, rape and robbery and sentenced to death by the Sessions Court, a decision affirmed by the Karnataka High Court and the Supreme Court. He filed review petitions contending that the trial court had not fixed a separate date for hearing on …

SYEDA RAHIMUNNISAversusMALAN BL (DEAD) BY L.RS. & ANR. ETC.

2016 INSC 938Appeal(s) allowed

The appellants, Syeda Rahimunnisa and Syed Hyder Hussaini, sued the respondents (legal heirs of Haji Mian) for eviction and damages, asserting a landlord‑tenant relationship. The respondents counter‑claimed title to the land by adverse possession and filed three related suits. The trial court and …

RE- INHUMAN CONDITIONS IN 1382 PRISONS (JI)versus.

2017 INSC 955Directions issued

The Supreme Court examined a writ petition highlighting severe overcrowding in 1,382 Indian prisons, with occupancy exceeding 150% of permissible limits, and the failure of prison authorities to implement earlier court directions. The Court noted the absence of a juvenile custody manual under the …

JOSE @ PAPPACHANversusTHE SUB-LNSPECTOR OF POLICE, KOYILANDY & ANOTHER

2016 INSC 941Appeal(s) allowed

The appellant, Jose @ Pappachan, was convicted under IPC s.302 for the death of his wife, Neena, alleged to be a homicide by strangulation and hanging, while also being acquitted of IPC s.498A. The prosecution relied on circumstantial testimony of three witnesses and a post‑mortem report that was …

BENSONversusSTATE OF KERALA

2016 INSC 944Case Partly allowed

The appellant, Benson, was convicted in twelve separate theft cases under Sections 379 and 414 of the IPC, each tried and sentenced individually. He petitioned for the subsequent sentences to run concurrently with the sentence already being served (Crime No.8). The Supreme Court examined Section …

VIKAS YADAVversusSTATE OF U.P. AND ORS. ETC. ETC.

2016 INSC 943Disposed off

The appellants Vikas Yadav, Vishal Yadav and Sukhdev Yadav were convicted of murder, kidnapping and related offences (IPC ss.302, 364, 34, 201) and sentenced to life imprisonment with additional fixed‑term sentences. The State appealed for enhancement of the life sentence to death; the High Court …

WORKMEN RASTRIYA COLLIERY MAZDOOR SANGHversusBHARAT COKING COAL LTD. & ANR.

2016 INSC 937Appeal(s) allowed

The Rashtriya Colliery Mazdoor Sangh, representing 14 workmen of BCCL's Balihari Colliery, obtained a 1996 Industrial Tribunal award directing their regularisation without back wages. The Jharkhand High Court in 2004 modified the award, stipulating that the employer must give preference to these …

RAJENDRA KUMAR MESHRAMversusVANSHMANI PRASAD VERMA AND ANR.

2016 INSC 942Appeal(s) allowed

Rajendra Kumar Meshram was elected to the Madhya Pradesh Legislative Assembly from the Deosar constituency. A petition was filed by the opposing candidate alleging that Meshram's nomination was improperly accepted because he failed to furnish the electoral roll of the constituency where he was a …

A. SATYANARAYANA REDDY AND OTHERSversusPRESIDING OFFICER, LABOUR COURT AND OTHERS

2016 INSC 1202Appeal(s) allowed

The appellants were employees of a government undertaking who were laid off and later transferred to another company. The Government of Andhra Pradesh issued a Voluntary Retirement Scheme (VRS) offering a special compensation package, which the appellants accepted, but the VRS did not provide for …

STATE OF U.P. AND ORS.versusZ.U. ANSARI

2016 INSC 934Matter referred to larger bench

Z.U. Ansari, a retired Junior Engineer of the Uttar Pradesh Rural Engineering Department, was subjected to disciplinary proceedings for alleged financial irregularities. The proceedings were initiated after the Minister-in-charge of the department sanctioned the enquiry, invoking Regulation 351‑A of …

ARUN DEV UPADHYAYAversusINTEGRATED SALES SERVICE LTD & ANR.

2016 INSC 1203Dismissed

Arun Dev Upadhyaya appealed against a judgment of the Single Judge of the Bombay High Court that enforced an international arbitration award against one of the respondents but not the other. The appeal raised the question of whether a Letters Patent appeal could be filed before the Division Bench …

GOVT. OF BIHAR AND ORS. ETC. ETC.versusDAYANAND SINGH ETC. ETC.

2016 INSC 931Disposed off

The State of Bihar amended its judicial service rules in 2009 to introduce reservation for various backward classes, but the High Court quashed the amendments on the ground that the State had not undertaken the constitutionally mandated consultation with the High Court under Articles 233 and 234. …

STATE OF H.P. & ORS.versusRAJESH CHANDER SOOD ETC. ETC.

2016 INSC 926Appeal(s) allowed

The Himachal Pradesh Government introduced the 1999 Pension Scheme for employees of state-owned corporations, replacing the Employees' Provident Funds Scheme, 1995. After a high‑level committee found the scheme financially unsustainable, the Government issued a notification on 2 December 2004 …

SOMASUNDARAM @ SOMUversusSTATE REP. BY DY. COMM. OF POLICE

2020 INSC 412Matter referred to larger bench

The case concerned the abduction and murder of former MLA M.K. Balan. The prosecution’s case against appellants A‑3 (Manickam), A‑4 (Somasundaram) and A‑15 (Bomb Selvam) relied primarily on the testimony of two alleged accomplices, PW‑10 and PW‑11, supported by peripheral witnesses and documentary …

NAGARPALIKA THAKURDWARAversusKHALIL AHMED & ORS.

2016 INSC 925Appeal(s) allowed

The respondents, claiming to reside outside the limits of Nagar Palika Thakurdwara, filed a suit seeking a permanent injunction, a declaration that they were not liable to pay house tax, and recovery of a modest tax amount of about Rs 11,006.07. The trial court dismissed the suit; the first …

GUJARAT MARITIME BOARDversusL&T INFRASTRUCTURE DEVELOPMENT PROJECTS LTD. AND ANOTHER

2016 INSC 927Appeal(s) allowed

The Gujarat Maritime Board (GMB) cancelled a Letter of Intent issued to L&T Infrastructure Development Projects Ltd. (L&T) for port development and invoked a Rs 5 crore performance bank guarantee issued by Yes Bank. L&T challenged the cancellation and the invocation of the guarantee, seeking a writ …

SUNIL KUMAR KORI & ANR.versusGOPAL DAS KABRA & ORS. ETC.

2016 INSC 922Dismissed

The Supreme Court examined whether persons residing in illegally constructed houses (encroachers) within a cantonment area are entitled to vote in Cantonment Board elections. The Court interpreted the Cantonment Act, 2006 and its definitions of "resident" and "inhabitant", holding that only a person …

GULSHERA KHANAMversusAFTAB AHMAD

2016 INSC 919Appeal(s) allowed

Gulshera Khanam, the landlady of a shop, sought eviction of tenant Aftab Ahmad on the ground that her married daughter, a co‑owner of the building, needed the adjacent shop to expand her medical clinic. The lower authorities held that the daughter, as a female with a legal right of residence, fell …

R. VENKATA RAMUDU & ANOTHER ETCversusSTATE OF A.P & OTHERS

2016 INSC 917Appeal(s) allowed

The petitioners were temporarily appointed as Assistant Executive Engineers by direct recruitment on 18‑April‑1992 and were placed on probation for two years within a continuous period of three years under Rule 6(2) of the Andhra Pradesh Engineering Service Rules, 1967. They were required to pass …

MAHANADI COALFIELDS LTD. & ORS.versusM/S. DHANSAR ENGINEERING CO. PVT. LTD. & ANR.

2016 INSC 920Case Partly allowed

Mahanadi Coalfields Ltd. awarded a contract to Dhansar Engineering for coal extraction, with a clause allowing the quantity to be varied by +/-30% during the contract. The company extended the contract period to July 2004 and, on 11 June 2004, ordered an additional 30% work. The contractor, citing …

UNION OF INDIA & ORS.versusDEVJEE MISHRA

2016 INSC 918Appeal(s) allowed

The respondent, a Corporal in the Indian Air Force, overstayed his leave and was charged under Sections 39(a) and 39(b) of the Air Force Act, 1950. He pleaded guilty before a District Court Martial, was sentenced to three months’ rigorous imprisonment and dismissed from service, and his remission …

JAGDISH NARAIN SHUKLAversusSTATE OF U. P. AND OTHERS

2016 INSC 911Disposed off

Jagdish Narain Shukla filed a writ petition under Article 226 seeking the implementation of a Lokayukta report that alleged corruption by former minister Naseemuddin Siddiqui and former MLC Husna Siddiqui, claiming they had purchased assets at undervalued prices using income from unknown sources. …

S.P.S. RATHOREversusC.B.I. & ANR.

2016 INSC 907Disposed off

S.P.S. Rathore, a senior police officer, was convicted under Section 354 IPC for molesting a minor girl, Ruchika, after she was forced into his office and embraced against her will. The prosecution relied primarily on the testimony of a single eye‑witness, PW‑13 (Aradhana), whose account was …

RELIANCE GENERAL INSURANCE CO. LTD.versusSHASHI SHARMA & ORS.

2016 INSC 909Case Partly allowed

The Supreme Court examined whether amounts paid to the dependents of a deceased government employee under the Haryana Compassionate Assistance Rules, 2006 should be deducted from compensation awarded under the Motor Vehicles Act, 1988 for a fatal motor accident. The Court reiterated that …

BHARAT SANCHAR NIGAM LIMITEDversusVODAFONE ESSAR GUJARAT LIMITED

2016 INSC 906Disposed off

The Supreme Court examined multiple appeals filed by Bharat Sanchar Nigam Ltd. (BSNL) against Vodafone Essar Gujarat Ltd., Bharti Airtel Ltd., and Tata Teleservices Ltd. concerning demands for interconnect usage charges on calls that allegedly lacked authentic Caller Line Identification (CLI). BSNL …

DHAL SINGH DEWANGANversusSTATE OF CHHATTISGARH

2016 INSC 905Appeal(s) allowed

The appellant Dhal Singh Dewangan was accused of murdering his wife and five daughters. The prosecution relied on statements of village witnesses (PWs 1,2,3,5) that they heard the appellant’s mother (PW‑6) accuse him, and on circumstantial evidence such as the presence of a blood‑stained knife and …

CENTRE FOR PUBLIC LITIGATIONversusUNION OF INDIA & ORS.

2016 INSC 908Disposed off

The Centre for Public Litigation filed a writ petition under Article 32 seeking an independent investigation into alleged administrative and financial irregularities of the Industrial Finance Corporation of India (IFCI), a public financial institution with substantial loans, grants and guarantees …

GOVT. OF NCT OF DELHI AND ANOTHERversusMAHENDER SINGH AND OTHERS

2016 INSC 897Disposed off

The Government of NCT of Delhi initiated land acquisition proceedings under the Land Acquisition Act, 1894 in 2003, with an award passed in 2006. No compensation was paid nor possession taken before the five‑year cut‑off preceding the commencement of the Right to Fair Compensation and Transparency …

M/S SHOBIKAA IMPEX PVT. LTD. AND ANR.versusCENTRAL MEDICAL SERVICES SOCIETY AND ORS.

2016 INSC 1201Dismissed

The appellants, Mis Shobikaa Impex Pvt. Ltd. and a related entity, submitted a bid for a government tender to supply long‑lasting insecticide nets but failed to produce a Central Insecticide Board (CIB) registration certificate at the time of bid opening. The tender documents, as amended, required …

RAMINDER SINGHversusSTATE OF PUNJAB & ANR.

2016 INSC 884Appeal(s) allowed

Raminder Singh, an in‑service Silt Observer/Analyst in the Punjab Public Works Department (Irrigation Branch), applied for promotion to Research Assistant Grade B after the State merged the Grade‑C post into Grade‑B but failed to amend the service rules. He was promoted on 14‑12‑2001, worked in the …

SYSCON CONSULTANTS P. LTD.versusM/S. PRIMELLA SANITARY PROD. P. LTD. AND OTHERS

2016 INSC 885Dismissed

Syscon Consultants entered into a 1985 agreement to purchase a coastal island in Goa from defendants 1‑6, who misrepresented themselves as sole owners and concealed a mortgage and a sister's pre‑emptive rights. The plaintiff paid an advance and later discharged the mortgage by paying Rs 17 lakh, but …

SAMPELLY SATYANARAYANA RAOversusINDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED

2016 INSC 887Dismissed

The appellant, a director of Indian Renewable Energy Development Agency Ltd, had taken a loan of Rs 11.5 crore which was disbursed on 28 February 2002. The loan agreement required repayment of installments by post‑dated cheques, which were described as "security". Several of these cheques were …

TATTU LODHI@ PANCHAM LODHIversusSTATE OF MADHYA PRADESH

2016 INSC 876Dismissed

The appellant, Tattu Lodhi, was convicted of kidnapping, rape, and murder of a seven‑year‑old girl. The trial court relied on circumstantial evidence, including the victim's last seen with the accused, forensic evidence of blood on a gunny bag and clothing, and a post‑mortem report showing injuries …

J. K. LAKSHMI CEMENT LTD.versusCOMMERCIAL TAX OFFICER, PALI

2016 INSC 877Dismissed

J.K. Lakshmi Cement Ltd. appealed against the Commercial Tax Officer, Pali, contending that it could claim a dual benefit – the partial exemption under Notification dated 06.05.1986 and the reduced 6% tax rate under Notification dated 21.01.2000 – relying on a 1994 circular that had been withdrawn …

STATE BANK OF INDIA & ORS.versusNEELAM NAG

2016 INSC 878Case Partly allowed

The respondent, a senior assistant of State Bank of India, was alleged to have caused a loss of over Rs.44 lakh by facilitating fraudulent credit and misplacing clearing instruments in May 2006. A criminal case under Sections 409 and 34 of the IPC was filed in 2007, but the trial progressed slowly, …

M/S. SHASUN CHEMICALS AND DRUGS LTD.versusCOMMISSIONER OF INCOME TAX-II, CHENNAI

2016 INSC 879Appeal(s) allowed

M/s Shasun Chemicals and Drugs Ltd., a pharmaceutical manufacturer, raised funds through a public issue of shares to finance expansion and R&D. It claimed amortisation of the share‑issue expenses under Section 35D (formerly Section 350) of the Income Tax Act, 1961, for ten years at one‑tenth each, …

UNION OF INDIA & ANR.versusM/S INDUSIND BANK LTD. & ANR.

2016 INSC 869Dismissed

The Union of India sought payment under bank guarantees issued by exporters for extra‑long‑staple cotton exports. The guarantees, dated 31‑Jan‑1996, contained a clause that extinguished the bank's liability if a claim was not made within three months of the guarantee's expiry. The Textile …

AFCONS INFRASTRUCTURE LTD.versusNAGPUR METRO RAIL CORPORATION LTD. & ANR.

2016 INSC 874Appeal(s) allowed

The Nagpur Metro Rail Corporation Ltd. (NMRCL) invited bids for a viaduct and disqualified the joint venture GYT‑TPL on the ground that its experience on an inter‑city high‑speed railway in China did not satisfy the tender’s requirement of experience in "metro civil construction work" with a minimum …

R. RAJASHEKAR AND ORS.versusTRINITY HOUSE BUILDING CO-OPERATIVE SOCIETY AND ORS.

2016 INSC 867Disposed off

The Supreme Court examined the acquisition of agricultural lands by the Karnataka State Government for Trinity House Building Co‑operative Society, which had hired a middleman, M/s Srinivasa Enterprises, to secure the acquisition in its favour. The Court found that no housing scheme had been framed …

SECRETARY, TAMILNADU PUBLIC SERVICE COMMISSIONversusA.B. NATARAJAN & ORS. ETC.

2014 INSC 428Disposed off

The Tamil Nadu Public Service Commission (TNPSC) held an examination for state services, after which certain candidates were selected. Allegations of irregularities in marking answer books led to a petition in the Madras High Court challenging the appointments. The High Court dismissed the petition, …

GOVINDASWAMYversusSTATE OF KERALA

2016 INSC 870Case Partly allowed

The appellant was convicted of murder (Sec. 302 IPC), rape (Sec. 376 IPC), robbery (Sec. 394 read with Sec. 397 IPC) and assault (Sec. 447 IPC) for the assault and death of a 23‑year‑old woman on a moving train. DNA evidence linked the appellant's seminal stains and blood to the victim, establishing …

DEVIKA BISWASversusUNION OF INDIA & ORS.

2016 INSC 1200Disposed off

The Supreme Court heard a public‑interest writ filed by health‑rights activist Devika Biswas after a 2012 sterilisation camp in Bihar resulted in unsafe, unsanitary procedures and several deaths. The petition sought directions to ensure that sterilisation, a component of the national …

DELHI DEVELOPMENT AUTHORITYversusSUKHBIR SINGH & OTHERS

2016 INSC 864Dismissed

The Supreme Court examined the meaning of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The case involved land notified for acquisition in 1961, an award made in 1997, possession taken in 2000, and compensation that …

PANKAJversusSTATE OF RAJASTHAN

2016 INSC 862Appeal(s) allowed

The appellant Pankaj was convicted under Section 302 read with Section 34 of the IPC and Section 3 read with Section 25 of the Arms Act for allegedly shooting his brother-in-law Raj Kumar, who later died. The prosecution's case rested on the sole eye‑witness testimony of the victim's brother (PW‑8) …

STATE OF RAJASTHANversusLBS B.ED. COLLEGE AND ORS.

2016 INSC 1199Disposed off

The Supreme Court examined whether the State Government of Rajasthan could influence the grant of recognition to private teacher‑training institutions under the National Council for Teacher Education (NCTE) Act, 1993 and its 2014 Regulations. The State argued that its recommendations were binding, …

M/S HARISH CHANDRA & COMPANYversusSTATE OF U.P. THR. SUPERINTENDING ENGINEER

2016 INSC 859Disposed off

The dispute arose from a contract for earthwork where M/s Harish Chandra & Co. claimed payment for several items and the arbitrator awarded three of the six claims. The State of U.P. challenged the award under Section 30 of the Arbitration Act, 1940, alleging the arbitrator had committed legal …

GIRISH RAGHUNATH MEHTAversusINSPECTOR OF CUSTOMS AND ANOTHER

2016 INSC 857Dismissed

The appellant, Girish Raghunath Mehta, was convicted under the NDPS Act for selling 30 kg of opium poppy straw to a co‑accused who lacked a licence. The contraband was seized from the co‑accused during a raid, and the appellant’s statement under Section 67 of the Act admitted the sale. The appellant …

COMMISSIONER OF COMMERCIAL TAX, U.P.versusM/S. A.R. THERMOSETS (PVT.) LTD.

2016 INSC 854Dismissed

The appellant, Commissioner of Commercial Tax, Uttar Pradesh, challenged the High Court's decision that bitumen emulsion manufactured by the respondent falls under Entry 22 of Schedule II of the VAT Act, which taxes "bitumen" at 4%. The respondent had earlier sought clarification on the tax rate and …

DHARIWAL INDUSTRIES LTD.versusKISHORE WADHWANI & ORS.

2016 INSC 853Disposed off

Dhariwal Industries Ltd filed a complaint under Sec. 200 CrPC alleging several IPC offences. After the police investigation and filing of a charge‑sheet, the accused applied for discharge under Sec. 239 CrPC. The appellant sought, orally, permission to be heard alongside the Assistant Public …

L. NARAYANA SWAMYversusSTATE OF KARNATAKA & ORS.

2016 INSC 856Dismissed

The petitioners alleged that certain public officials abused their positions to facilitate a land transaction and sought quashing of the criminal proceedings initiated under the Prevention of Corruption Act. The High Court had dismissed the petition, holding that the order directing investigation …

LUDOVICO SAGRADO GOVEIAversusCIRILA ROSA MARIA PINTO AND ORS.

2016 INSC 855Appeal(s) allowed

The appellant, a successful purchaser at a sealed‑tender sale, sought to enforce a sale certificate issued after the execution of an award under the Multi‑State Co‑operative Societies Act, 1984. The respondents, borrowers, had defaulted on a loan and the property was sold after multiple failed …

PRABHU CHAWLAversusSTATE OF RAJASTHAN & ANR.

2016 INSC 851Appeal(s) allowed

The Supreme Court heard appeals by Prabhu Chawla and Jagdish Upasane challenging a Rajasthan High Court order that dismissed their petitions under Section 482 of the Cr.P.C., on the ground that the same relief could be obtained through a revision petition under Section 397. The Court examined a …

HINDUSTAN LEVER LTD.versusSTATE OF KARNATAKA

2016 INSC 846Dismissed

Hindustan Lever Ltd., a tea manufacturer, claimed exemption from entry tax on packing materials used for tea under a 1993 notification and a reduced rate under a 1998 notification. The issue was whether packing material could be classified as "raw materials, component parts or inputs" within Entry …

CARDAMOM MARKETING CORPORATION AND ANR.versusSTATE OF KERALA & ORS.

2016 INSC 844Dismissed

Cardamom Marketing Corporation and another, registered dealers under the Kerala General Sales Tax Act and Kerala Value Added Tax Act, challenged a 2002 government notification that levied an additional court fee on appeals and revisions before tribunals, directing the proceeds to the Kerala Legal …

KEDAR NATH YADAVversusSTATE OF WEST BENGAL & ORS.

2016 INSC 639Appeal(s) allowed

The Supreme Court examined the acquisition of about 1,000 acres of land in Singur, West Bengal for Tata Motors' small‑car project. The Court held that the acquisition was made at the instance of a private company, not for a public purpose, and that the State failed to follow the mandatory procedures …