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Judgments of 2017

732 judgments · newest first · showing 1–200

UNION OF INDIAversusVIJAY KRISHNA UNIYAL (D) THROUGH LRS.

[2017] 14 S.C.R. 68Appeal(s) allowed

The Union of India, as the owner of land covered by an Old Grant, issued a notice to resume a 3.398‑acre property in Landour Cantonment occupied by Vijay Krishna Uniyal, who sued for a permanent injunction claiming ownership based on a 1980 sale deed and long possession. The trial court, the first …

JUSTICE K S PUTIASWAMY (RETD.), AND ANR.versusUNION OF INDIA AND ORS

2017 INSC 1235Directions issued

The Supreme Court, hearing Justice K.S. Puttaswamy (Retd.) v. Union of India (Writ Petition No. 494 of 2012), considered interim orders that limited the use of Aadhaar to six government schemes and made its linkage voluntary pending a final decision. The petitioners argued that the Union could not …

UNION OF INDIA AND ANR.versusPFIZER LIMITED AND ORS.

2017 INSC 1248Disposed off

The Supreme Court examined whether the Central Government must obtain prior advice from the Drugs Technical Advisory Board (DTAB) before invoking the power under Section 26A of the Drugs and Cosmetics Act, 1940 to prohibit, restrict or regulate a drug or cosmetic in public interest. The Court held …

M.C.MEHTAversusUNION OF INDIA & ORS.

2017 INSC 1242Disposed off

The Supreme Court examined applications seeking de‑sealing of residential premises that had been sealed for non‑industrial commercial use under the Monitoring Committee's orders. The applicants, wishing to use the premises solely for residential purposes, argued that filing appeals before the …

SRI DINESH KUMAR J. @ DINESH J.versusNATIONAL INSURANCE CO. LTD. & ORS .

2017 INSC 1247Case Allowed

The appellant, a 26‑year‑old motorcyclist, was injured in a collision with a mini‑lorry owned by the second and third respondents and insured by the first respondent. He claimed Rs 40 lakhs compensation, but the Motor Accident Claims Tribunal assessed his permanent disability at 10% and awarded Rs 9 …

TATA IRON AND STEEL CO. LTD. & ANOTHERversusSTATE OF BIHAR & OTHERS

2017 INSC 1236Disposed off

Tata Iron & Steel Co. (TISCO) was allotted a large parcel of land on which it draws water from the Subarnrekha River; the State of Bihar (now Jharkhand) built the Chandil Dam and issued a demand for payment of Rs.31.351 million, claiming it was a fee for water use. TISCO challenged the demand as …

RAJ KUMAR BHATIAversusSUBHASH CHANDER BHATIA

2017 INSC 1240Appeal(s) allowed

The suit concerned possession of a property claimed to be joint Hindu family property. The appellant, Raj Kumar Bhatia, sought to amend his written statement to elaborate that the property was coparcenary undivided HUF, an argument already contained in his original statement. The Trial Court allowed …

TEESTA ATUL SETALVADversusTHE STATE OF GUJARAT

2017 INSC 1239Dismissed

The Supreme Court examined whether the police could lawfully freeze the bank accounts of Teesta Atul Setalvad, Javed Anand and related trusts under Section 102 of the Criminal Procedure Code (CrPC) without prior notice to the account holders. The investigation, stemming from an FIR alleging …

RAJIVE RATURIversusUNION OF INDIA AND ORS.

2017 INSC 1243Disposed off

The petition, filed by a visually disabled individual, sought comprehensive accessibility measures for roads, transport, public buildings, airports, railways, websites and other public facilities. The Court held that the right to accessibility for persons with disabilities is a constitutional right …

DISABLED RIGHTS GROUP & ANR.versusUNION OF INDIA & ORS.

2017 INSC 1244Directions issued

The Supreme Court heard a public‑interest writ filed by Disabled Rights Group seeking enforcement of reservation, accessibility and teaching‑facility provisions for persons with disabilities in higher education. The petitioners argued that institutions were not complying with the 3% reservation …

INDIAN OIL CORPORATION LTD. & ORS.versusSHASHI PRABHA SHUKLA & ANR.

2017 INSC 1237Appeal(s) allowed

The Delhi High Court had cancelled a petrol pump dealership granted to Shashi Prabha Shukla on grounds of favouritism and directed Indian Oil Corporation (IOC) to auction the right to operate the outlet at a nearby location. IOC instead advertised an auction for the same site, failed to identify a …

MACQUARIE BANK LIMITEDversusSHILPI CABLE TECHNOLOGIES LTD.

2017 INSC 1241Appeal(s) allowed

The Supreme Court examined two pivotal questions arising under the Insolvency and Bankruptcy Code, 2016: (i) whether the requirement in Section 9(3)(c) to attach a certificate from the financial institution confirming non‑payment of an operational debt is a mandatory condition precedent, and (ii) …

HARPAL SINGHversusASHOK KUMAR & ANR.

2017 INSC 1246Dismissed

The respondents filed a suit for possession of land under Section 6 of the Specific Relief Act, which was decreed ex‑parte. During execution, the appellant objected that the suit was barred by Section 185 of the Delhi Land Reforms Act because the land was agricultural. The executing court held that …

HALAPPAversusMALIK SAB

2017 INSC 1249Appeal(s) allowed

The appellant, a 28‑year‑old agriculturist, suffered total paralysis when a tractor at a demonstration turned turtle and fell on him. He claimed compensation before the Motor Accident Claims Tribunal, which awarded Rs.8,66,000 based on his disability and loss of earning capacity. The insurer …

ROYAL ORCHID HOTELS LTD.versusKAMAT HOTELS (INDIA) LTD. & ORS.

2017 INSC 1228Dismissed

Royal Orchid Hotels Ltd. sought registration of its 'Royal Orchid' trademark in class 42, which was initially refused by the Deputy Registrar on the ground that it was not the first user and that the mark was similar to the respondent's earlier 'Orchid' mark. The Intellectual Property Appellate …

MADAN MOHANversusSTATE OF RAJASTHAN & ORS.

2017 INSC 1233Appeal(s) allowed

Madan Mohan filed an application under Section 193 CrPC seeking the summoning of Ashish Meena and Vimal Meena as accused in a case already pending against two other persons. The Sessions Judge issued non‑bailable warrants against the two respondents. They filed a revision under Section 197 CrPC in …

JOSEPHversusSTATE, REP. BY INSPECTOR OF POLICE .

2017 INSC 1227Disposed off

The case arose from a violent clash between two factions at a funeral in Perumanal village, where eleven accused attacked the complainant party, resulting in the death of the deceased (son of PW‑2). The trial court and the Madras High Court convicted all the accused under Section 302 IPC read with …

PREM GIRIversusSTATE OF RAJASTHAN

2017 INSC 1234Appeal(s) allowed

Prem Giri, charged with offences under several sections of the IPC, applied for anticipatory bail under Section 438 of the Code of Criminal Procedure before the High Court of Rajasthan. The Single Judge of the High Court dismissed the application, merely stating that, in view of the overall facts, …

TOYOTO JIDOSHA KABUSHIKI KAISHAversusMIS PRIUS AUTO INDUSTRIES LTD. & ORS.

2017 INSC 1230Dismissed

Toyota Jidosha Kabushiki Kaisha, a Japanese automobile manufacturer, sued M/s Prius Auto Industries and partners in Delhi High Court for infringement of its registered marks (Toyota, Toyota Innova, Toyota Device) and for passing off of the unregistered mark 'Prius'. The trial judge granted a …

THE STATE OF JHARKHAND & ORS.versusMIS HINDUSTAN CONSTRUCTION CO. LTD.

2017 INSC 977Disposed off

The State of Jharkhand appealed against an award made by an arbitrator appointed by the Supreme Court, contending that the Court could not entertain an application to make the award a rule of court merely because it retained seisin over the arbitration. The Supreme Court examined the scope of …

SAMAJ PARIVARTANA SAMUDAYA & ORS.versusSTATE OF KARNATAKA & ORS.

2017 INSC 1226Disposed off

The Supreme Court revisited its earlier orders that imposed an absolute ban on iron‑ore mining in Bellary, Chitradurga and Tumkur districts of Karnataka, later allowing limited mining under a capped Maximum Permissible Annual Production (MPAP). Lessees of Category A and B mines sought modification …

M/S SAM BUILT WELL PVT. LTD.versusDEEPAK BUILDERS & ORS.

2017 INSC 1232Appeal(s) allowed

The dispute concerned a notice inviting tenders (NIT) for constructing an educational campus, which required bidders to have completed similar large‑scale projects. Respondent No. I was found ineligible by three expert committees, a finding upheld by the Single Judge of the High Court. The Division …

SUNKAMMA (D) BY LRS.versusS. PUSHPARAJ (D) BY LRS.

2017 INSC 1225Dismissed

The dispute concerned possession of site No. 47 in Bangalore. The plaintiff, S. Pushparaj, claimed possession based on an agreement of sale dated 09‑09‑1986 and a registered general power of attorney dated 03‑05‑1988 executed by the seller, Madhavan Pillai (PW‑2). The defendants, Sunkamma, alleged …

DR. SABU MATHEW GEORGEversusUNION OF INDIA & ORS.

2017 INSC 1221Disposed off

Dr. Sabu Mathew George filed a writ petition under Article 32 seeking directions to block online advertisements and content facilitating sex selection, and to compel Google India, Yahoo! India and Microsoft Corporation to comply with the Pre‑conception and Pre‑natal Diagnostic Techniques …

STATE OF U.P.versusRAGHUVIR AND ANR. ETC. ETC.

2017 INSC 1223Disposed off

The State of Uttar Pradesh prosecuted Prem Bhujva, Raghuvir, Mehngu and Prem Yadav for the murder of Lallu Singh, alleging an ambush and shooting on 30 July 2003. The trial court, relying on two eye‑witnesses, recovery of a pistol from Prem Yadav and a ballistic report linking the weapon to …

FEDERATION OF HOTEL AND RESTAURANT ASSOCIATIONS OF INDIAversusUNION OF INDIA AND ORS.

2017 INSC 1217Appeal(s) allowed

The Federation of Hotel and Restaurant Associations of India challenged the applicability of the Standards of Weights and Measures Act, 1976, its 1985 Enforcement Act and the Legal Metrology Act, 2009 to the sale of packaged water bottles served in hotels and restaurants at prices above the printed …

SUDAMA SINGH & ORS. ETC.versusDEEPAK MOHAN SPOLIA & ORS. ETC.

2017 INSC 1216Case Allowed

The Supreme Court heard appeals against a Delhi High Court judgment that limited the benefit of a rehabilitation order to only the petitioners in a public interest litigation concerning the demolition of slum dwellers' jhuggi clusters. The petitioners sought relocation and compensation for all …

MR. RANVIR DEWANversusMRS. RASHMI KHANNA & ANR.

2017 INSC 1219

The deceased B.R. Dewan owned a house which he bequeathed by will: the ground floor to his son Ranvir, the first floor to his daughter Rashmi, and a "life interest" to his second wife, Mrs. Pritam, to reside and collect rent. After his death, a dispute arose and Ranvir (appellant) and his mother …

BHARATSING S/O GULABSINGH JAKHAD & ORS.versusTHE STATE OF MAHARASHTRA & ORS.

2017 INSC 1218Disposed off

The appellants sought re‑determination of compensation under Section 28A of the Land Acquisition Act, 1894, filing an application on 31‑12‑1992 based on a 1992 award. While the award was under appeal, the Land Acquisition Collector prematurely decided the application on 25‑10‑2000. After the High …

BARUN CHANDRA THAKURversusCENTRAL BUREAU OF INVESTIGATION AND OTHERS

2017 INSC 1214Dismissed

The appellant, a grieving father, challenged the grant of anticipatory and interim bail to the top management executives of Ryan International School, who were accused in the murder of his 7‑year‑old son. The respondents filed bail applications in the Bombay High Court and later in the Punjab & …

MOHINDER KUMAR MEHRAversusROOP RANI MEHRA & ORS.

2017 INSC 1212Appeal(s) allowed

The appellant filed a partition suit for a family property and later sought to amend the plaint to claim a share in the sale proceeds of another family property sold in 2000. The amendment application was filed on 17 January 2011, before any evidence had been led, although issues had been framed and …

TRILOK SINGH CHAUHANversusRAM LAL (DEAD) THR. LRS.

2017 INSC 1213Appeal(s) allowed

The landlord filed a suit in the Small Causes Court for recovery of rent and eviction of the tenant, claiming a rent of Rs.1500 per month. The trial court upheld this claim and decreed eviction, but the tenant obtained a revision from the High Court under Section 25 of the Provincial Small Cause …

RAN VIJAY SINGH & ORS.versusSTATE OF U.P. & ORS.

2017 INSC 1209Disposed off

The Supreme Court examined a long‑running recruitment examination for Trained Graduate Teachers in Uttar Pradesh, where over 36,000 candidates sat for a written test in 2009 and subsequent interview. Unsuccessful candidates sought re‑evaluation of answer sheets alleging errors in the key answers, …

KAUSHAL KISHORE AWASTHIversusBALWANT SINGH THAKUR & ANR.

2017 INSC 1211Appeal(s) allowed

The complainant lodged a complaint before the Chhattisgarh State Bar Council alleging that Advocate Kaushal Kishore Awasthi, who had earlier represented him in a suit concerning ancestral land, improperly objected to the registration of the complainant's sale deed, claiming a debt owed to him. The …

ASHARFIversusSTATE OF UTTAR PRADESH

2017 INSC 1205Case Partly allowed

Asharfi was convicted by the trial court and the Allahabad High Court for rape (IPC s.376(2)(g)) and for an offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, the latter attracting a life sentence. On appeal, the Supreme Court examined the evidence of the prosecutrix, a …

UNION OF INDIA & ORS.versusBALBIR SINGH TURN & ANR.

2017 INSC 1207Disposed off

The Union of India appealed against the Armed Forces Tribunal's decision that retired Army personnel below officer rank (PBORs) who retired between 1 January 2006 and 31 August 2008 were entitled to the Modified Assured Career Progression (MACP) benefit from 1 January 2006. The respondents argued …

UNION OF INDIAversusM/S. SUSAKA PVT. LTD. & ORS.

2017 INSC 1203Dismissed

The Union of India entered into a works contract with Mis. Susaka Pvt. Ltd. and, after disputes arose, the matter was referred to an arbitral tribunal which awarded damages and interest on several claims. The Union challenged the award of interest under Section 34 of the Arbitration and Conciliation …

AFTARUDDIN (DEAD) REP. THR. LRS.versusRAMKRISHNA DATTA ALIAS BABUL DATTA & ORS.

2017 INSC 1202Appeal(s) allowed

Aftaruddin, an under‑raiyat, allegedly executed a sale deed on 11‑Jan‑1971 transferring his suit land to Mamataj Begam, the daughter of the raiyat Sayed Jama Kazi. The deed described Aftaruddin as a raiyat, apparently to evade the prohibition under Section 108 of the Tripura Land Revenue and Land …

MANJEET SINGHversusNATIONAL INSURANCE COMPANY LTD. & ANR.

2017 INSC 1206Disposed off

Manjeet Singh purchased a second‑hand Tata open truck on hire‑purchase and insured it for Rs 7,28,000. While being driven, the driver gave a lift to three stranded passengers on a cold night; the passengers later assaulted the driver, tied him up and stole the vehicle. The insurer denied the claim, …

COMMISSIONER OF INCOME TAX-I, KOLHAPURversusMIS. CHAPHALKAR BROTHERS PUNE

2017 INSC 1198Dismissed

The State of Maharashtra introduced a subsidy scheme for multiplex theatre complexes by amending the Bombay Entertainment Duty Act, 1923, granting a three‑year exemption from entertainment duty followed by a two‑year partial remission. The Commissioner of Income Tax assessed the subsidy received by …

PRABHU DUTT TIWARIversusTHE STATE OF UTTAR PRADESH & ORS.

2017 INSC 1200Appeal(s) allowed

The appellant filed a private complaint alleging offences under IPC sections 419, 420, 468, 471 and 120B against five respondents concerning a disputed land transaction. The Additional Chief Judicial Magistrate, after reviewing the complaint, oral evidence under sections 200 and 202 of the CrPC and …

ATMA RAM PROPERTIES PVT. LTD.versusTHE ORIENTAL INSURANCE CO. LTD.

2017 INSC 1196Dismissed

The landlord Atma Ram Properties sued its tenant Oriental Insurance for possession, claiming that a huge property tax payable under the New Delhi Municipal Council Act, 1994 could be treated as arrears of rent, raising the total rent above Rs.3,500 per month and thereby removing the tenant’s …

NASIRUDDIN & ANR. ETC.versusTHE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS

2017 INSC 1191Dismissed

The Municipal Corporation of Meerut awarded contracts to several appellants for the collection of "Tehbazari" (a local toll) and parking fees. The appellants challenged the demand of the Collector of Stamps that the contracts be treated as leases and attract stamp duty at Rs.70 per thousand. The …

PRATEEK GUPTAversusSHILPY GUPTA & ORS.

2017 INSC 1195Appeal(s) allowed

Prateek Gupta (father) appealed a Delhi High Court order that directed him to hand over his five‑year‑old son Aadvik, a U.S. citizen, to his wife Shilpi Gupta (mother) after she filed a writ of habeas corpus. The father had taken the child to India in 2015 without the mother’s consent, and the …

SMT. SYED SUGARA ZAIDIversusLAEEQ AHMAD (DEAD) THROUGH LRS. & ORS.

2017 INSC 1193Case Allowed

The appellant-landlord filed an eviction suit against the respondents-tenants after the ten‑year lease expired and no fresh lease was executed. The tenants continued in possession, constructed shops and sub‑let the premises to a third party, and the landlord alleged defaults in rent and municipal …

SUTLEJ CONSTRUCTIONversusUNION TERRITORY OF CHANDIGARH

2017 INSC 1173Appeal(s) allowed

Sutlej Construction was awarded a contract by the Union Territory of Chandigarh for earth excavation, loading, and transport. The contract was terminated by the respondent, leading the appellant to invoke the arbitration clause; an arbitrator was appointed and issued an award partially in favour of …

BALWANT VITHAL KADAMversusSUNIL BABURAOI KADAM

2017 INSC 1170Dismissed

The respondent sued the appellants for specific performance of two agreements to sell a share of land, having paid earnest money but no deed was executed. The trial court dismissed the suit, but the first appellate court set aside that decree and ordered specific performance. The appellants …

REVANASIDDAYYAversusGANGAMMA @ SHASHIKALA & ANR.

2017 INSC 1171Disposed off

The appellant purchased land from the original owner, Veerabasayya, and was given possession after paying earnest money, but the owner died before the sale deed was executed. The respondents, as legal heirs, sued for a declaration of ownership and possession, and the trial court declared them owners …

RUPAJAN BEGUMversusUNION OF INDIA & ORS.

2017 INSC 1179Case Partly allowed

The Supreme Court examined the validity of certificates issued by Gram Panchayat (GP) Secretaries, countersigned by revenue officials, for married women who migrated to other villages. These certificates were listed as supporting documents for claims of inclusion in the National Register of Citizens …

BANK OF INDIAversusYADAV CONSULTANCY SERVICES (P) LTD. AND ANR.

2017 INSC 1176Appeal(s) allowed

Bank of India filed a recovery suit under the RDDBFI Act and, after auctioning the mortgaged property, appointed Yadav Consultancy Services as Court Commissioner to safeguard the property. The bank later discharged the commissioner and was directed by the Recovery Officer to continue paying his …

KAMALAKHYA DEY PURKAYASTHA AND ORS.versusUNION OF INDIA AND ORS .

2017 INSC 1184Disposed off

The petitioners filed writ petitions under Article 32 seeking a judicial definition of the phrase “originally inhabitants of the State of Assam” in Clause 3(3) of the Schedule to the Citizenship (Registration of Citizens and Issues of National Identity Cards) Rules, 2003, and directions on how such …

B. SUNITHAversusTHE STATE OF TELENGANA & ANR.

2017 INSC 1175Disposed off

The appellant, B. Sunitha, issued a cheque to the respondent advocate for legal fees, which the advocate later claimed were 16% of the compensation awarded by a Motor Accident Claims Tribunal. The cheque was dishonoured and the advocate filed a complaint under Section 138 of the Negotiable …

C. VENKATA SWAMYversusH. N. SHIVANNA (D) BY L.R. & ANR. ETC.

2017 INSC 1166Appeal(s) allowed

The appellant filed suit O.S. No. 6640/1996 for declaration and injunction over a piece of land, while the respondent filed a cross‑suit O.S. No. 2150/1992; both suits were clubbed and the trial court dismissed the appellant's suit and decreed the cross‑suit. The appellant then filed two first …

MOHAMMED ABDULLA KHANversusPRAKASH K.

2017 INSC 1168Appeal(s) allowed

The respondent, owner of the Kannada daily "Jaya Kirana", was charged under Sections 500, 501 and 502 of the Indian Penal Code for publishing a news item that the appellant claimed was defamatory. The appellant filed a private complaint, which led to criminal proceedings; the respondent sought quash …

UNITED INDIA INSURANCE CO. LTD.versusSUNIL KUMAR & ANR.

2017 INSC 1143Heard

The appellant United India Insurance Co. Ltd. had earlier ordered that 50% of the compensation deposited in the Registry be released to the claimants upon identification. In the judgment dated 24 November 2017, paragraph II contained that direction. Upon clarification sought by the respondents, the …

MANSUKHBHAI DHAMJIBHAI PATEL & ANR.versusSTATE OF GUJARAT & ORS.

2017 INSC 1299Disposed off

The appellants' land was acquired in 1981 for a dam project. In 2011 they sought release of the land, relying on a 2001 Government resolution that allowed re‑grant of land deemed no longer needed for public purpose. The Gujarat High Court rejected the petition, holding that once land is acquired for …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND OTHERS

2017 INSC 1091Dismissed

The Campaign for Judicial Accountability and Reforms filed a public‑interest litigation seeking a writ of mandamus directing the Supreme Court to constitute a Special Investigation Team, headed by a retired Chief Justice of India, to probe an FIR (RCIO(A)/2017‑AC.III) alleging conspiracy and bribes …

ANIL KUMAR SINGHversusV!JAY PAL SINGH & ORS.

2017 INSC 1161Appeal(s) allowed

Anil Kumar Singh filed a civil suit for a permanent injunction over a parcel of land and obtained an ex‑parte temporary injunction. He later filed an application under Order XXIII Rule 1 of the CPC seeking to withdraw the suit, which the trial court allowed subject to payment of Rs 350 as costs to …

DR. S. RAJASEEKARAN (II)versusUNION OF INDIA & ORS.

2017 INSC 1159Directions issued

The petition, filed by Dr. S. Rajaseekaran, an orthopaedic surgeon, sought enforcement of road‑safety norms and better treatment of accident victims under Article 32 of the Constitution. The Court had earlier constituted a Committee on Road Safety, which submitted recommendations that the Union and …

VINOD GOYAL & OTHERSversusVISHRANTI CITY RESIDENTS WELFARE SOCIETY & OTHERS

2017 INSC 1158Appeal(s) allowed

The appeal concerned a dispute between the partners of a developer firm (MIS Sai Apartments and Infrastructure Ltd.) and the allottees of Vishranti City over who should bear external development charges, including electricity, water and sewerage, and whether those charges had been paid. The Punjab …

PATEL FIELD MARSHAL AGENCIES AND ANR.versusP.M. DIESELS LTD. AND ANR.

2017 INSC 1157Dismissed

The Supreme Court examined a dispute over the trademark "Field Marshal" where the plaintiff sought injunction against the defendants for alleged infringement. The defendants challenged the validity of the plaintiff's trademark and filed rectification applications under the Trade and Merchandise …

MANOHAR LAL SHARMAversusSANJAY LEELA BHANSALI & ORS.

2017 INSC 1156Dismissed

The petitioner, Manohar Lal Sharma, filed a writ petition under Article 32 seeking a direction that the film "Padmavati" not be exhibited abroad without a certificate from the Central Board of Film Certification (CBFC) and that the CBI register an FIR against the film's producers under Section 7 of …

ISHWAR PRATAP SINGH & ORS.versusTHE STATE OF UTTAR PRADESH & ANR.

2017 INSC 1155Appeal(s) allowed

The appellants were originally charged under IPC sections 323, 504 and 506. Two years later, following a complaint to the National Commission for Scheduled Castes, the Commission directed the police to add an offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, resulting in a …

COMMON CAUSEversusUNION OF INDIA AND OTHERS

2017 INSC 1152Dismissed

The public‑interest litigation filed by Common Cause challenged the appointment of Shri Rakesh Asthana as Special Director of the CBI, alleging that the Selection Committee had not taken a decision and that the appointment was illegal, arbitrary and tainted by pending investigations. The Court …

DOONGAR SINGH & ORS.versusTHE STATE OF RAJASTHAN

2017 INSC 1154Directions issued

The case concerned the murder of Bhagwan Singh in Sikar, Rajasthan, where twenty accused were tried and nine were convicted. The Supreme Court noted that after the examination-in-chief of a key witness, the trial was adjourned for over four months, leading to several witnesses turning hostile. The …

KOSHY JACOBversusUNION OF INDIA & ORS.

2017 INSC 1153Disposed off

Koshy Jacob, an advocate, filed a writ petition under Article 32 seeking a direction to the Union of India to implement the Supreme Court's guidelines issued in the 2009 Destruction of Public and Private Properties case. He alleged that frequent strikes and agitations were causing widespread …

LAXMIDHAR NAYAK AND ORS.versusJU GAL KISH ORE BEHERA AND ORS.

2017 INSC 1150Case Partly allowed

The Supreme Court considered an appeal by the sons and daughter of Chanchali Nayak, an agricultural labourer who died in a head‑on collision between a bus and a truck. The tribunal had awarded Rs 70,600 as compensation based on a monthly income of Rs 650 and a multiplier of 12, which the High Court …

DISTRICT DEVELOPMENT OFFICER & ANR.versusSATISH KANTILAL AMRELIA

2017 INSC 1148Case Partly allowed

The respondent, a daily‑wage peon‑cum‑driver employed by the Gujarat Panchayat Department, was terminated in February 1992. He challenged the termination in both a civil suit and an industrial reference before the Labour Court, which held that the termination violated Section 25‑G of the Industrial …

AGARWAL TRACOM PVT. LTD.versusPUNJAB NATIONAL BANK & ORS.

2017 INSC 1146Dismissed

Agarwal Tracom Pvt. Ltd. purchased assets of a defaulting borrower at a public auction conducted by Punjab National Bank (PNB) under the SARFAESI Act. After failing to pay subsequent installments, the bank forfeited Agarwal's deposit pursuant to Rule 9(5) of the Security Interest (Enforcement) …

UNITED LNDIA INSURANCE CO. LTD.versusSUNIL KUMAR & ANR.

2017 INSC 1143Hearing Adjourned

The appeal concerned a claim for compensation under Section 163A of the Motor Vehicles Act, 1988, filed by Sunil Kumar against United India Insurance Co. Ltd. The insurer attempted to defend the claim by alleging negligence of the driver/owner of the vehicle. The Supreme Court examined whether such …

AJAYINDER SANGWAN & ORS.versusBAR COUNCIL OF DELHI

2017 INSC 1141Directions issued

The Supreme Court was approached by a group of advocates (Ajayinder Sangwan & Ors.) who had submitted applications and law degrees for verification but whose degrees had not yet been verified by universities, fearing exclusion from the electoral roll for State Bar Council elections. The Court had …

COMMISSIONER OF INCOME TAX IIversusM/S MODJPON LTD.

2017 INSC 1140Dismissed

The Commissioner of Income Tax appealed against the orders of the Delhi and Punjab & Haryana High Courts which allowed M/s Modipon Ltd. to claim a deduction under Section 43B of the Income Tax Act, 1961 for the balance amount in its Personal Ledger Account (PLA) representing advance deposits of …

SMT. BAYANABAI KAWAREversusRAJENDRA S/O BABURAO DHOTE

2017 INSC 1136Dismissed

The plaintiff purchased a plot from a housing cooperative society by a registered sale deed dated 29‑12‑1981 and was placed in possession. The defendant later encroached on the land and erected a hut, prompting the plaintiff to sue for possession and mesne profits. The trial court and first …

DIRECTOR OF INCOME TAX, CIRCLE 26(1) NEW DELHIversusS.R.M.B. DAIRY FARMING (P) LTD.

2017 INSC 1135Dismissed

The Supreme Court examined whether Income Tax Circular No. 3 of 2011, which bars filing of High Court appeals where the tax impact is below Rs 10 lakh, applies retrospectively to appeals already pending before the circular came into force. The Court noted divergent views among High Courts and …

MEDICAL COUNCIL OF INDIAversusQ.C.R.G. MEMORIAL TRUST & ORS.

2017 INSC 1132Appeal(s) allowed

The Supreme Court entertained Civil Appeal No. 19662 of 2017 filed by the Medical Council of India against the G.C.R.G. Memorial Trust, which had been debarred from admitting medical students for the 2017‑18 and 2018‑19 academic years. The High Court, despite a Supreme Court order dated 28‑08‑2017 …

NIKESH TARACHAND SHAHversusUNION OF INDIA & ANR.

2017 INSC 1137Disposed off

The Supreme Court examined the constitutional validity of Section 45(1) of the Prevention of Money Laundering Act, 2002, which imposes two additional conditions for granting bail when the offence involves a scheduled offence punishable with imprisonment of more than three years under Part A of the …

GUNWANTLAL GODAWATversusUNION OF INDIA & ANOTHER

2017 INSC 1130

In 1965 gold worth 240 kg was seized from the appellant's father's house under the Defence of India Rules, 1962 and confiscation proceedings were initiated. The Rules were later repealed by the Gold Control Ordinance, 1968, which was subsequently repealed by the Gold Control Act, 1968, creating a …

SRI SHIVAJI BALARAM HAIBAITLversusSRI AVINASH MARUTHI PAWAR

2017 INSC 1126Appeal(s) allowed

The appellant purchased a shop and sued the respondent for possession, alleging the respondent occupied the shop without any right. The respondent denied the appellant's title and pleaded adverse possession, claiming long possession. The trial court and first appellate court held in favour of the …

KUNA@ SANJAYA BEHERAversusTHE STATE OF ODISHA

2017 INSC 1124Appeal(s) allowed

The appellant KUNA@ SANJAYA BEHERA and co‑accused Pravati Behera were convicted under IPC s.302 read with s.34 for the murder of Santosh Behera, the prosecution alleging an extra‑marital relationship as motive. The sole eye‑witness, PW‑1 (Niranjan Behera), claimed to have seen the murder and to have …

ECL FINANCE LTD.versusHARIKISHAN SHANKARJI GUDIPATI & ORS.

2017 INSC 1122Disposed off

ECL Finance Ltd filed a contempt petition alleging that the respondents had breached a consent decree dated 14 August 2015. The Single Judge of the Bombay High Court admitted the petition and issued a notice to the respondents, after which the respondents filed an intra‑court appeal under Section 19 …

SAKHARAM GANESH PUJARI (D) THR. HIS LRSversusHUSEN ABA BAHADUR (D} BY HIS LRS.& ANR.

2017 INSC 1298Appeal(s) allowed

The landlord, a retired armed forces officer, held land under the Bombay Tenancy and Agricultural Act, 1948, which was occupied by the tenant. Under Section 32F the tenant could purchase the land by giving notice within one year of the landlord's retirement, provided the landlord did not terminate …

MITESH KUMAR RAMANBHAI PATEL & ORS.versusSTATE OF GUJARAT & ORS.

2017 INSC 1123Appeal(s) allowed

The appellants alleged that consent forms for land acquisition were obtained on blank documents in 1989, after which the State took possession and paid only 80-90% of the agreed compensation. The State delayed issuing a notification under Section 4 of the Land Acquisition Act, 1894 until 1996 and …

DR.KAZIMUNNISA (DEAD) BY L.R.versusZAKIA SULTANA (DEAD) BY L.R.& ORS.

2017 INSC 1115Case Partly allowed

Two pending land‑grabbing suits (LGC No.41/1998 and LGC No.50/2004) were filed under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 concerning the same parcel of land. The Special Court dismissed the first suit and allowed the second, leading to conflicting orders. The High Court clubbed …

DELHI METRO RAIL CORPORATION LTD.versusTARUN PAL SINGH & ORS.

2017 INSC 1119Appeal(s) allowed

The Delhi Metro Rail Corporation (DMRC) acquired land for a metro project under the Land Acquisition Act, 1894, completed the acquisition and paid full compensation before the 2013 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR Act) …

CHIRAG M. PATHAK & ORS. ETC.ETC.versusDOLLYBEN KANTILAL & ORS.

2017 INSC 1114Disposed off

Six FIRs were lodged in different police stations in Gujarat against five cooperative housing societies and the accused family members for alleged offences under the IPC. The accused filed criminal applications under Section 482 of the CrPC in the Gujarat High Court, which quashed five of the FIRs …

ANIL KUMAR YADAVversusSTATE (NCT) OF DELHI & ANR.

2017 INSC 1111Dismissed

The Supreme Court examined appeals by six accused, including Anil Kumar Yadav, against the cancellation of bail granted by the Sessions Court in a murder‑related case (Sections 302, 308 IPC read with 34 IPC). The Court held that the Sessions Court had improperly merged the framing of charges with …

THE STATE OF TRIPURA & ORS.versusJAYANTA CHAKRABORTY & ORS.

2017 INSC 1113Matter referred to larger bench

The State of Tripura and others appealed against Jayanta Chakraborty and others, seeking a re‑examination of the M. Nagaraj judgment on the test of backwardness for SC/ST reservations. The petitioners argued that the backwardness test should not apply to SC/ST in view of the Indra Sawhney and E.V. …

KAMINI JAISWALversusUNION OF INDIA & ANR.

2017 INSC 1112Dismissed

The petitioners, including a member of the Commission for Judicial Accountability and Reforms, filed successive writ petitions alleging that an FIR implicated senior judicial functionaries and that the Chief Justice of India (CJI) should not hear or assign the matter. They sought a Special …

SIVANANDAN C.T. & ORS.versusHIGH COURT OF KERALA & ORS.

2017 INSC 1107Matter referred to larger bench

The petitioners challenged the selection of District and Sessions Judges for the Kerala Higher Judicial Service in 2015, alleging that the Administrative Committee introduced a minimum cut‑off mark for the viva‑voce after the written examination and interview had been completed, contrary to the Full …

INDIAN OIL CORPORATION LIMITEDversusSTATE OF BIHAR & ANR.

2017 INSC 1109Disposed off

Indian Oil Corporation Limited (IOCL) imports crude oil into Bihar, refines it and sells petroleum products to two oil marketing companies (BPCL and HPCL) and to local retailers. IOCL pays Entry Tax when the products enter the Patna local area but claims that Value Added Tax (VAT) should be set off …

JAYKRISHNA INDUSTRIES LTD. THROUGH DIRECTORversusSTATE OF MAHARASHTRA AND OTHERS

2017 INSC 1098Dismissed

The dispute concerned the auction of a 10,000 sq. m. government plot in Powai, Mumbai, advertised by MHADA on 17‑Nov‑2004. Jaykrishna Industries Ltd. (appellant) was the highest bidder and its bid was provisionally accepted with a 25% deposit paid. The respondent, Popcorn Properties Ltd., obtained a …

STATE OF UTTARAKHANDversusJAIRNAIL SINGH

2017 INSC 1105Dismissed

The State of Uttarakhand appealed a High Court order acquitting Jairnail Singh of charges under IPC s.307 (attempt to murder) and Arms Act s.25(1‑A). The Session Court had convicted Singh, but the High Court set aside the conviction, citing material infirmities such as the failure to forensic‑test …

SAGAR PANDURANG DHUNDAREversusKESHAV AABA PATIL AND OTHERS

2017 INSC 1102Disposed off

The Supreme Court examined whether a family member of a person who encroached on Government land can be disqualified from being a member of a Gram Panchayat under the Maharashtra Village Panchayat Act, 1958. The petitioners, who were elected Panchayat members, were alleged to be beneficiaries of …

SHEO NARAIN NAGAR & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2017 INSC 1101Appeal(s) allowed

The appellants were first engaged on a daily‑wage basis in August 1993, later on a contractual basis in 1996, and were given the minimum pay‑scale in 2000. In 2006 they were conferred temporary status with retrospective effect from 2 October 2002. The Allahabad High Court directed that they be …

UNION OF INDIAversusAKHILA BHARATHIYA ADIVASI VIKASA PARISHAD & ORS.

[2017] 11 S.C.R. 251Disposed off

The Union of India moved a transfer petition under Article 139A seeking to shift a writ petition (Civil) No. 15798 of 2009, pending before the Andhra Pradesh High Court, to the Supreme Court. The High Court writ challenged the constitutional validity of the Scheduled Tribes and Other Traditional …

THE STATE OF TAMIL NADU REP. BY SEC. & ORS.versusK. BALU & ANR.

[2017] 14 S.C.R. 614Disposed off

The Supreme Court was approached by the State of Tamil Nadu for clarification of its 15 December 2016 order that prohibited the grant of liquor licences along national and state highways, including stretches within municipal limits. The Court clarified that the purpose of the order is to curb liquor …

IA. K. SIKRI AND ASHOK BHUSHAN, JJ.]versusCOMMISSIONER OF CENTRAL EXCISE GUWAHATI

2017 INSC 1092Appeal(s) allowed

SRD Nutrients Private Ltd, a manufacturer in Assam, claimed refund of Education Cess and Higher Education Cess paid along with excise duty on goods that were exempted from excise duty under Notification 20/2007‑CE dated 25‑Apr‑2007. The lower authorities and CESTAT held that the notification only …

UNION OF INDIA AND OTHERSversusMAJ. GEN. MANOMOY GANGULY. VSM

2017 INSC 1095Dismissed

Maj. Gen. Manomoy Ganguly, an Army Medical Corps officer, sought promotion to Lieutenant General. After being passed over by the first Special Promotion Board (SPB) in January 2016, he obtained redress of a statutory complaint that expunged adverse remarks in his 2014 Annual Confidential Report, …

KHEKH RAMversusSTATE OF H.P.

2017 INSC 1093Appeal(s) allowed

In the early hours of 20 October 2009 a police patrol stopped an Alto vehicle from which the driver fled; a bag of charas and the appellant Khekh Ram's bank passbook were recovered. The trial court acquitted the appellant, finding that the prosecution had not proved beyond reasonable doubt that he …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND ANOTHER

2017 INSC 1091Matter referred to larger bench

The Supreme Court clarified that the Chief Justice of India (CJI) is the sole authority to constitute benches and allocate cases, a principle derived from the State of Rajasthan v. Prakash Chand judgment and applicable to the Supreme Court. The Court held that a two‑judge bench cannot direct the …

ROHIT TANDONversusTHE ENFORCEMENT DIRECTORATE

2017 INSC 1096

The Supreme Court dismissed the appeals of Rohit Tandon challenging the denial of regular bail under the Prevention of Money Laundering Act (PMLA). The Court held that the threshold conditions of Section 45 of the PMLA were not satisfied, as the prosecution presented substantial evidence of the …

MANAGEMENT OF BHARAT HEAVY ELECTRICALS LTD.versusM. MANI

2017 INSC 1088Appeal(s) allowed

Bharat Heavy Electricals Ltd. (BHEL) dismissed two drivers, M. Mani and the late T.A. Mathivanan, after a departmental enquiry found them guilty of theft of a heavy machine while on duty. The employees were later acquitted of the theft charge in a criminal trial under IPC s.379. They challenged …

KERALA PRIVATE HOSPITAL ASSOCIATIONversusSTATE OF KERALA & ORS.

2017 INSC 1090Dismissed

The State of Kerala constituted a Private Hospital Industrial Relations Committee under Section 9 of the Minimum Wages Act, 1948 to revise minimum wages for employees of private hospitals and allied institutions. The committee comprised equal numbers of employer and employee representatives, but …

UNION OF JNDIA & ORS.versusBENGAL SHRACHI HOUSING DEVELOPMENT LIMITED &ANR.

2017 INSC 1084Disposed off

The Union of India (lessee) and Bengal Shrchi Housing Development Limited (lessor) entered into a three‑year lease for commercial premises. Dispute arose over who should pay service tax on the lease. The High Court held the lessee liable, but the Division Bench reversed, holding the lessor liable …

THE STATE OF UTTAR PRADESHversusTRIBHUWAN & ORS.

2017 INSC 1078Case Partly allowed

In 1980 a violent altercation in Azamgarh resulted in the death of Ram Lagan and injuries to Baij Nath. Six persons, including Tribhuwan, were tried; Tribhuwan was convicted under Section 325 IPC read with Section 149 and sentenced to four years rigorous imprisonment by the Sessions Court. The …

SURESH KUMAR THROUGH GPAversusANIL KAKARIA & ORS.

2017 INSC 1077Dismissed

The appellant, Suresh Kumar, claimed that an agreement dated 24‑04‑1980 and a purported will of the original allottee, Ved Prakash Kakaria, entitled him to purchase a 114‑acre plot allotted by HUDA. After Kakaria's death, his heirs (respondents 1‑3) sold the land to respondent 4, prompting the …

SENIOR MANAGER (P&D), RIICO LTD.versusTHE STATE OF RAJASTHAN & ANR.

2017 INSC 1074Dismissed

The appellant, a senior manager of RIICO Ltd., filed an FIR alleging that a letter dated 10‑04‑1992, addressed to Respondent No.2, was forged and that the forgery constituted offences under IPC sections 420, 467, 468 and 471. The police final report, relying on Section 195(1)(b)(ii) of the CrPC, …

CHAND DEVI DAGA & ORS.versusMANJU K. HUMATANI & ORS.

2017 INSC 1073Dismissed

The original complainant, Smt. Chandra Narayan Das, filed a criminal complaint alleging offences under Sections 420, 467, 468, 471, 120B, 201 and 34 IPC. The complaint was dismissed by the magistrate and a subsequent criminal revision was also rejected. While a criminal miscellaneous petition was …

ORISSA LIFT IRRIGATION CORP. LTD.versusRABI SANKAR PATRO & ORS.

2017 INSC 1075Disposed off

The Supreme Court examined whether deemed‑to‑be universities could award engineering degrees through open‑distance learning without the approval of the All India Council for Technical Education (AICTE). It held that AICTE is the exclusive authority to lay down norms for technical education and that …

VENTURE GLOBAL ENGINEERING LLCversusTECH MAHINDRA LTD. & ANOTHER ETC.

2017 INSC 1069Matter referred to larger bench

Venture Global Engineering (Venture) and Tech Mahindra (formerly Satyam) entered into a joint‑venture agreement under which each held 50% of a JV company. An arbitration under the London Court of International Arbitration awarded the shares of Venture to Satyam, finding Venture in default. After the …

M/S. K. LAKSHMANYA AND COMPANYversusCOMMISSIONER OF INCOME TAX & ANR.

2017 INSC 1071Appeal(s) allowed

Mis. K. Lakshmanya & Co., a partnership, paid interest under Sections 234(A)-(C) for assessment years 1993-94 and 1994-95 and applied to the Settlement Commission to have that interest waived. The Commission, relying on a CBDT circular, partially waived the interest, after which the Assessing …

NATIONAL INSURANCE COMPANY LIMITEDversusPRANAY SETHI AND ORS.

2017 INSC 1068Reference answered

The Supreme Court examined the computation of compensation under Sections 163‑A, 166 and 168 of the Motor Vehicles Act, 1988 in death claims, focusing on the appropriate multiplier, the addition of future prospects to the deceased's income, and the quantification of conventional heads such as loss …

DINUBHAI BOGHABHAI SOLANKIversusSTATE OF GUJARAT & ORS.

2017 INSC 1063Disposed off

The murder of environmental activist Amit Jethwa, who had filed a PIL against illegal mining near Gir Forest, led to the arrest of Dinubhai Boghabhai Solanki and his nephew. After a lackluster police investigation, the case was transferred to the CBI, which filed a charge‑sheet. During trial, 105 of …

KAMAL KANT JAINversusSURINDER SINGH (D) THR. LRS.

2017 INSC 1057Appeal(s) allowed

The appellant, Kamal Kant Jain, entered into an agreement to purchase a property from the respondent, Surinder Singh, based on an authorisation letter that allowed a power of attorney holder to sell the land. The agreement required payment of earnest money, and both the authorisation letter and the …

BIJENDER & ORS.versusSTATE OF HARYANA & ANR.

2017 INSC 1058Case Partly allowed

The case concerned the acquisition of over 300 acres of land in Haryana for residential and commercial development under the Land Acquisition Act, 1894. The Collector determined compensation using the judicially recognised Belting System, fixing Rs 33 lakh per acre for land within two acres of the …

SUNAINA SHARMA & ORS.versusSTATE OF JAMMUAND KASHMIR & ORS.

2017 INSC 1056Appeal(s) allowed

The case concerned Excise and Taxation Officers (ETOs) who had been granted retrospective promotions to dates earlier than their actual appointments, thereby gaining seniority over directly recruited officers. The petitioners (direct recruits) challenged the validity of these retrospective …

VISHNU BHAGWAN AGRAWAL & ANR.versusNATIONAL INSURANCE CO. LTD.

2017 INSC 1054Appeal(s) allowed

The appellant, Vishnu Bhagwan Agrawal, insured jute stock with National Insurance Co. and later purchased additional jute, seeking an increase in the sum insured. The insurer did not formally acknowledge the increase, leading to a dispute over whether the policy was effectively amended and whether …

NARENDRA & ORS.versusAJABRAO S/O NARAYAN KATARE (D) THROUGH LRS.

2017 INSC 1055Appeal(s) allowed

The plaintiffs purchased a house in 1985 and sued the original defendant, who had been living in two rooms of the house even before the purchase, for a declaration of title and possession of the entire house. The trial court dismissed the suit, holding the defendant had acquired title by adverse …

POORANLAL & ANRversusTHE STATE OF MADHYA PRADESH

2017 INSC 1051Dismissed

The case arose from the beating of Hariya on 30 August 1990 by five persons, including Pooranlal and Gaya Prasad, who later died after 14 days of injuries. The trial court acquitted all five accused, but the High Court set aside the acquittal of Pooranlal and Gaya Prasad, convicting them under …

SURESH KUMAR WADHWAversusSTATE OF M.P. & ORS.

2017 INSC 1052Appeal(s) allowed

The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and …

ASSISTANT DIRECTOR OF INCOME TAX-I, NEW DELHIversusMIS. E-FUNDS IT SOLUTION INC.

2017 INSC 1048Dismissed

The Supreme Court examined whether two US‑incorporated companies, eFunds Corp. and eFunds IT Solutions Inc., had a permanent establishment (PE) in India under the India‑US Double Taxation Avoidance Agreement (DTAA). The Revenue argued that a fixed place of business, a service PE, and an agency PE …

LIFE INSURANCE CORPORATION OF INDIAversusSANJEEV BUILDERS PVT. LTD. AND ORS.

2017 INSC 1050Appeal(s) allowed

Life Insurance Corporation of India (LIC) filed a suit in 1986 for specific performance of a sale agreement. In 2014, Kedia Construction Company (respondent No.3) filed a Chamber Summons seeking to be impleaded as Plaintiff No.3, claiming assignment of the original plaintiff's interest, and the …

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITYversusPRADIP KUMAR GHOSH & OTHERS

2017 INSC 1045Appeal(s) allowed

The Kolkata Metropolitan Development Authority (KMDA) appealed against a Division Bench order that quashed its acquisition of a flat requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. The property had been under requisition since 1979 and the High Court, in 1993, …

FEDERATION OF INDIAN MINERAL INDUSTRIES & ORS.versusUNION OF INDIA & ANR.

2017 INSC 1042Disposed off

The Federation of Indian Mineral Industries and other mining entities challenged the validity of notifications establishing District Mineral Foundations (DMFs) and the associated contribution rules under the Mines and Minerals (Development and Regulation) Act, 1957, arguing that the DMFs were …

BIMAL KISHORE PALIWAL & ORSversusCOMMISSIONER OF WEALTH TAX

2017 INSC 1041Dismissed

The appellants, partners in the firm G.D. & Sons, owned a cinema building (Alpana Cinema) that was assessed for wealth tax. The assessing officer referred the valuation to a Departmental Valuer under Section 16A of the Wealth Tax Act, 1957 and adopted the land‑and‑building (open‑market) method. The …

INDIAN YOUNG LAWYERS ASSOCIATION & ORS.versusSTATE OF KER,ALA & ORS.

2017 INSC 1040Matter referred to larger bench

The petitioners sought a writ directing the Kerala government, the Travancore Devaswom Board and the chief priest of Sabarimala to allow women aged 10‑50 to enter the Ayyappa temple, challenging Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 as …

HIMANGNI ENTERPRISESversusKAMALJEET SINGH AHLUWALIA

2017 INSC 1038Dismissed

The landlord filed a civil suit seeking eviction of the premises leased to the defendant, Himangni Enterprises. The lease deed contained an arbitration clause, prompting the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to …

MS. INDIRA JAISINGversusTHROUGH SECRETARY GENERAL AND ORS.

2017 INSC 1031Disposed off

The petitioners challenged the constitutionality of the practice of designating Senior Advocates under Section 16 of the Advocates Act, 1961 and Order IV Rule 2 of the Supreme Court Rules, alleging violations of Articles 14, 15, 18 and 21 of the Constitution. The Court examined whether the power to …

BHARAT DEEP SETHIversusSONIA TAK.KAR

2017 INSC 1039Disposed off

The landlord filed an eviction suit and the tenant applied for leave to defend, claiming no landlord‑tenant relationship. The Rent Controller dismissed the application and the High Court, without hearing the merits, ordered the tenant to pay Rs.1.25 lakh per month as rent. The Supreme Court noted …

INDEPENDENT THOUGHTversusUNION OF INDIA & ANR.

2017 INSC 1030Directions issued

The Supreme Court examined whether Exception 2 to Section 375 of the Indian Penal Code, which exempts a husband from rape liability when his wife is aged 15‑18, violates the Constitution and conflicts with the Protection of Children from Sexual Offences (POCSO) Act. The Court held that the exemption …

EASTERN COALFIELDS LTD. & ORS.versusPRATIVA BISWAS & ORS.

2017 INSC 1029Dismissed

The case concerned employees of the Central Hospital, Kalla who were transferred to Eastern Coalfields Ltd. (ECL) and opted for absorption under the company's pay scales. The employees were assured that neither their basic salary nor total emoluments would be reduced. After fitment, the basic salary …

SANTOSH S/O DWARKADAS FAFATversusTHE STATE OF MAHARASHTRA

2017 INSC 1027

Santosh was accused under Section 408 IPC read with Sections 3 and 7 of the Essential Commodities Act for receiving misappropriated food grains. He applied for anticipatory bail, which was rejected by the trial court and the Nagpur High Court. After depositing the alleged amount, he obtained interim …

NAGAR PALIKA RAISINGHNAGARversusRAMESHWAR LAL & ANR.

2017 INSC 1024Dismissed

The municipal corporation (Nagar Palika Raisinghnagar) had issued a patta in 1957 to the respondent's grandfather for a 100x100 sq. ft. parcel of land. The respondent, as the grandson and current possessor, filed a suit seeking a permanent injunction to prevent the corporation from dispossessing …

M/S. DURO FELGUERA, S. A.versusM/S. GANGAVARAM PORT LIMITED

2017 INSC 1026Disposed off

The Supreme Court examined a dispute arising from five separate contracts and a corporate guarantee between the Spanish company Mis. Duro Felguera S.A. (and its Indian subsidiary) and Mis. Gangavaram Port Ltd. (GPL). Each contract contained its own arbitration clause, and the parties argued whether …

PLASTIBLENDS INDIA LIMITEDversusADDL. COMMISSIONER OF INCOME TAX, MUMBAI & ANR.

2017 INSC 1016Dismissed

Plastiblends India Ltd., an industrial undertaking, claimed a 100% deduction under Section 80‑IA of the Income Tax Act for assessment years 1997‑98 to 2000‑01, having elected not to claim depreciation under Section 32. The Assessing Officer reduced the profits by depreciation when computing the …

RAJESH KUMAR C. K. JAINversusTHE STATE OF KARNATAKA

2017 INSC 1019Appeal(s) allowed

The dispute involved a settlement recorded on a bond paper of Rs.100 filed with the Assistant Commissioner, Yadgiri. The accused, Rajesh Kumar C.K. Jain, was alleged to have taken the bond paper from the court file on 16 July 2010, leading to an FIR and his conviction under Section 379 IPC by the …

MANOHAR LAL SHARMAversusCENTRAL BUREAU OF INVESTIGATION & ORS.

2017 INSC 1022Disposed off

Manohar Lal Sharma filed a writ petition seeking a Supreme Court direction for the CBI to investigate Indian offshore account holders disclosed in the Panama Papers and to register FIRs against SEBI officials. The petitioner alleged that SEBI and other authorities had failed to act, causing …

ARJUN GOPAL AND OTHERSversusUNION OF INDIA AND OTHERS

2017 INSC 1021

The Supreme Court considered several interim applications challenging the suspension of licences for the sale of fireworks in Delhi and the National Capital Region (NCR) that had been ordered to curb air pollution during Diwali. Petitioners sought a restoration of the complete suspension, while …

STATE (NCT OF DELHI)versusBRIJESH SINGH @ ARUN KUMAR AND ANR.

2017 INSC 1018Appeal(s) allowed

The State of NCT of Delhi appealed against the discharge of Brijesh Singh @ Arun Kumar and others by a Special Court under the Maharashtra Control of Organised Crime Act (MCOCA). The key dispute was whether charge‑sheets filed in courts outside Delhi could be counted towards the "continuing unlawful …

SANTHINIversusVIJAYA VENKETESH

2017 INSC 1023Reference answered

The Supreme Court examined whether video conferencing could be used in matrimonial disputes under the Family Courts Act, 1984, particularly in transfer petitions. It held that Section 11 of the Act obliges the court to hold proceedings in camera if either party desires, and that allowing video …

STATE OF KERALA AND OTHERSversusFR. WILLIAM FERNANDEZ ETC. ETC.

2017 INSC 1014Disposed off

The Supreme Court examined whether State entry‑tax statutes could levy tax on goods imported from abroad once they entered a local area for consumption, use or sale. It held that the import of goods ends when they cross India's customs frontier and are released for home consumption, after which the …

BIRBAL CHOUDHARY@ MUKHIYA JEEversusSTATE OF BIHAR

2017 INSC 1012Dismissed

The Supreme Court upheld the convictions of eleven accused in a kidnapping‑for‑ransom case in Bihar, finding that the prosecution proved the elements of Section 364A IPC, including abduction, confinement and demand for ransom. The Court held that Section 368 IPC is a deemed offence under Section …

DHARMABIRI RANAversusPRAMOD KUMAR SHARMA (D) THR. LRS. & ANR.

2017 INSC 1005Dismissed

The plaintiff sued for specific performance of a 1987 agreement to sell a plot, alleging that the defendant’s brother (defendant No.1) had granted a power of attorney to defendant No.2, who executed the agreement and received earnest money. The defendants denied any ownership of the land, denied the …

M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR.versusKANCHAN MEHTA

2017 INSC 1009Disposed off

The appellants, M/s. Meters and Instruments Private Ltd. and others, were charged under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque to the complainant, Kanchan Mehta. The complainant refused to accept a demand draft, while the accused offered to pay the cheque …

RAVI SINHA & ORSversusTHE STATE OF JHARKHAND

2017 INSC 1006Dismissed

The case concerned attachment of properties under the Criminal Law (Amendment) Ordinance, 1944 in a large‑scale fraud involving the father of the appellants, who died before trial, and his son Ravi Sinha, who was convicted in one case and faced trial in another. The State sought to make the interim …

NABHA POWER LIMITED (NPL)versusPUNJAB STATE POWER CORPORATION LIMITED (PSPCL) & ANR.

2017 INSC 1008Case Partly allowed

Nabha Power Ltd (NPL) entered into a 25‑year Power Purchase Agreement (PPA) with Punjab State Power Corporation Ltd (PSPCL) for a 1200 MW plant under a fuel‑specific, pre‑identified site procurement route. The PPA’s energy‑charge formula required the cost of purchasing, transporting and unloading …

COMMISSIONER OF INCOME TAXversusBALBIR SINGH MAINI

2017 INSC 1002Dismissed

The respondents, members of a cooperative housing society, entered into a Joint Development Agreement (JDA) with developers to develop 21.2 acres of land. Only two instalments were paid and 7.7 acres were conveyed, for which capital gains tax was paid. The Assessing Officer and the ITAT treated the …

THE STATE OF HIMACHAL PRADESH & ORS.versusMIS. GUJARAT AMBUJA CEMENTS LTD. & ORS.

2017 INSC 991Appeal(s) allowed

The State of Himachal Pradesh appealed against a High Court order that had held Mis Gujarat Ambuja Cements Ltd. entitled to reimbursement of Peak Load Exemption Charge (PLEC) under the power‑tariff‑freeze incentive granted to industrial units. The cement unit, which began commercial production on …

S. MOHAMMED ISPAHANIversusYOGENDRA CHANDAK & OTHERS

2017 INSC 999Appeal(s) allowed

The appellants, landlords of a commercial premises, were not named in the charge sheet filed under Sections 379, 427, 341 r/w 34 IPC and Section 3(1) Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, although they were mentioned in the FIR. After the trial evidence was recorded, the …

COMMISSIONER OF TRADE AND TAXES AND ORS.versusMIS AHLUWALIA CONTRACTS (INDIA) LTD.

2017 INSC 998Appeal(s) allowed

The case concerned the Delhi Tax Compliance Achievement Scheme (Amnesty Scheme) under Section 107 of the Delhi Value Added Tax Act, 2004. The Additional Commissioner, acting as the "Designated Authority", issued a show‑cause notice under clause 8 of the Scheme alleging false declaration by MIS …

DUSHYANT N. DALAL AND ANOTHERversusSECURITIES AND EXCHANGE BOARD OF INDIA

2017 INSC 1004Disposed off

The petitioners, Dushyant N. Dalal and his wife, were ordered by SEBI to disgorge unlawful gains of Rs.4.05 crore and pay a penalty of Rs.6 crore, with a debarment of seven years if unpaid. They challenged the SEBI order, arguing that interest could not be levied retrospectively under Section 28A of …

OM PRAKASHversusRELIANCE GENERAL INSURANCE AND ANR.

2017 INSC 1001Appeal(s) allowed

The appellant insured a truck with Reliance General Insurance, which was stolen on 23 March 2010. While assisting police in the search, the appellant delayed filing the insurance claim until 31 March 2010, citing an eight‑day gap due to police involvement. The insurer rejected the claim on the basis …

KSB ALIversusSTATE OF ANDHRA PRADESH & ORS.

2017 INSC 995Dismissed

K.S.B. Ali claimed title to 1,635 acres of land in Kokapet village on behalf of 203 alleged heirs of Nawab Nusrat Jung‑I, relying on a 1954 Atiyat Court order approved by the Revenue Minister. The Government issued several orders (2002, 2004, 2005) that were later rescinded, and tenders for the land …

MOHAMMED FAIZAL K.A.versusD. SALI AND ORS.

2017 INSC 1000Appeal(s) allowed

The appellant, a police officer, challenged the promotion and seniority of respondent No.1, who was granted notional promotion to Deputy Superintendent of Police for 2001 despite a 1997 punishment of a two‑year increment bar. The High Court had directed inclusion of respondent No.1 in the 2001 …

SRI CHITTARANJAN MAITYversusUNION OF INDIA

2017 INSC 987Case Partly allowed

The appellant, a contractor, entered into a contract with the Union of India for railway works and later issued a 'No Claims Certificate' after abandoning the work. Disputes arose and the appellant sought arbitration under Section 11(6) of the Arbitration and Conciliation Act, 1996, leading to an …

PANKAJBHAI RAMESHBHAI ZALAVADIYAversusJETHABHAI KALABHAI ZALAVADIYA (DECEASED)

2017 INSC 989Appeal(s) allowed

The appellant filed a suit in 2008 to cancel a 1995 sale deed of land that had been purchased by defendant No. 7, who had died before the suit was instituted. The trial court dismissed the appellant’s application to bring the deceased defendant’s legal representatives on record under Order 22 Rule …

PONNAIYAH RAMAJAYAM INSTITUTE OF MEDICAL SCIENCESversusUNION OF INDIA AND ANOTHER

2017 INSC 978Disposed off

The Ponnaiyah Ramajayam Institute of Medical Sciences (PRIMS) applied for a Letter of Permission (LOP) to start a new medical college for the 2016‑17 academic year and sought renewal for 2017‑18. Conditional LOP was granted for 2016‑17, but subsequent inspections by the Medical Council of India …

THE STATE OF KARNATAKAversusM/S. M. K. AGRO TECH. PVT. LTD.

2017 INSC 983Appeal(s) allowed

M/s. M.K. Agro Tech Pvt. Ltd. (the assessee) purchased sunflower oil cake, paid input VAT, extracted oil (taxable) and sold the de‑oiled cake (exempt under Section 5). The State of Karnataka argued that only a partial rebate of input tax was permissible under Section 17 of the Karnataka Value Added …

TECHI TAGI TARAversusRAJENDRA SINGH BHANDARI & ORS.

2017 INSC 986Disposed off

The Supreme Court examined an appeal against an order of the National Green Tribunal (NGT) that directed State Governments to reconsider the appointments of chairpersons and members of State Pollution Control Boards (SPCBs) and to lay down guidelines for such appointments. The Court held that under …

STATE OF GUJARATversusRELIANCE INDUSTRIES LTD.

2017 INSC 982Appeal(s) allowed

The State of Gujarat appealed against Reliance Industries Ltd., a manufacturer of polymers and chemicals, challenging the reduction of input tax credit under the Gujarat Value Added Tax Act, 2003. Reliance purchased fuels (furnace oil, natural gas, light diesel oil) as raw materials, paid VAT, and …

SHANTANU SITARAM @ ANIL DIVEKARversusTHE STATE OF MAHARASHTRA

2017 INSC 981Dismissed

Shantanu Sitaram (also known as Anil Divekar) was convicted along with two co‑accused for the murder of his wife Supriya, whose body was found in a car with ligature marks. The prosecution proved that gold ornaments worn by the victim were recovered from a neighbour of Shantanu and that a rope, …

THE STATE OF JHARKHAND AND ORS.versusM/S. HINDUSTAN CONSTRUCTION CO. LTD.

2017 INSC 977Matter referred to larger bench

The Supreme Court, hearing Civil Appeal No. 1093 of 2006, examined whether it could entertain an application under Section 34 of the Arbitration and Conciliation Act, 1996 to make an arbitral award a rule of the Court when the Court itself had retained seisin over the arbitration proceedings. The …

MOBILOX INNOVATIONS PRIVATE LIMITEDversusKIRUSA SOFTWARE PRIVATE LIMITED

2017 INSC 975Appeal(s) allowed

Mobilox Innovations Pvt Ltd, an operational creditor, filed an application under the Insolvency and Bankruptcy Code, 2016 (IBC) seeking initiation of corporate insolvency against Kirusa Software Pvt Ltd for an unpaid operational debt of Rs.20,08,202.55. The corporate debtor raised a dispute, …

M. D. FROZEN FOODS EXPORTS PVT. LTD. & ORS.versusHERO FINCORP LTD.

2017 INSC 976Dismissed

The appellants borrowed money from the respondent, securing the loan with seven immovable properties. Their loan account was declared a non‑performing asset and the parties’ contract contained an arbitration clause, leading the respondent to initiate arbitration while also issuing notices under …

K. R. BABUversusSTATE OF KERALA & ORS.

2017 INSC 972Dismissed

The case concerned the seniority of T. Raju, a candidate for the post of Excise Inspector, who claimed he should be advised from the 1992 rank list and receive seniority based on the next advisable vacancy. The Kerala State and Subordinate Service Rules, 1958, Rule 27(c) stipulates that seniority …

M/S SHANTI FRAGRANCESversusUNION OF INDIA AND ORS.

2017 INSC 971Hearing Adjourned

The appeal concerned the taxability of pan masala containing tobacco (gutka) under the Delhi Sales Tax Act, 1975, the U.P. Trade Tax Act, 1948 and the Tamil Nadu General Sales Tax Act, 1959. The central issue was whether the specific entry introducing "Pan Masala and Gutka" in the rate schedule …

CYRUS RUSTOM PATELversusTHE CHARITY COMMISSIONER MAHARASHTRA, STATE & ORS.

2017 INSC 974Appeal(s) allowed

The appellant, a trustee of the B.C. Batliwala Agiary Trust, challenged the sanction granted by the Charity Commissioner of Maharashtra under Section 36 of the Bombay Public Trusts Act, 1950, for a joint‑venture development‑cum‑sale of a 3,012‑sq‑m fire‑temple property to Astral Enterprises for …

UNION OF INDIA & ORS.versusM/S. TATA TEA CO. LTD. & ANR.

2017 INSC 960Disposed off

The Union of India challenged the constitutional validity of Section 115‑0 of the Income Tax Act, 1961, which imposes an additional 10% tax on dividends declared by domestic companies. Tea companies argued that because up to 60% of their income is agricultural, the dividend is agricultural income …

SREI INFRASTRUCTURE FINANCE LIMITEDversusTUFF DRILLING PRIVATE LIMITED

2017 INSC 967Dismissed

The dispute arose when an arbitrator, appointed with the parties' consent, terminated the arbitration under Section 25(a) of the Arbitration and Conciliation Act, 1996 because the claimant failed to file a statement of claim within the time prescribed under Section 23(1). The claimant later filed an …

SECURITIES AND EXCHANGE BOARD OF INDIAversusSHRI KANAIYALAL BALDEVBHAI PATEL

2017 INSC 963Disposed off

The Supreme Court examined whether non‑intermediary front‑running—where a person receives confidential information about a forthcoming large block trade and trades ahead of it—constitutes a prohibited fraudulent or unfair trade practice under SEBI’s Prohibition of Fraudulent and Unfair Trade …

GANPAT SINGHversusTHE STATE OF MADHYA PRADESH

2017 INSC 956Appeal(s) allowed

The appellant, Ganpat Singh, was convicted for the murder of Shantabai, whose body was discovered in a dry well and identified as the mother of a minor. The trial court relied on circumstantial evidence: the deceased was last seen with the appellant, silver ornaments allegedly lent to her were …

STATE OF MAHARASHTRA & ORS.versusRELIANCE INDUSTRIES LTD. & ORS.

2017 INSC 945Appeal(s) allowed

The State of Maharashtra sought to acquire portions of two high‑rise buildings – the third floor of Reliance Centre and the second floor of the Express Building – where the land beneath the structures was owned by the Government or a Port Trust, but the buildings were owned by private parties. The …

STATE OF UTTARAKHAND & ORS.versusM/S. KUMAON STONE CRUSHER

2017 INSC 912Disposed off

The Supreme Court examined a batch of appeals concerning the levy of transit fees on forest produce under the Indian Forest Act, 1927. It held that crushing stone boulders into grits, marble slabs, limestone, coal and related minerals does not change their character as forest produce, and that the …

MUNICIPAL CORPORATION OF DELHIversusDHAR MA PROPERTIES PVT. LTD.

2017 INSC 914Case Partly allowed

The Municipal Corporation of Delhi issued a notice under Section 126 of the Delhi Municipal Corporation Act, 1957 on 25 March 1998 proposing to increase the rateable value of Dharma Properties' premises w.e.f. 1 April 1997; the notice was dispatched on 27 March but received by the assessee only on 4 …

RE-INHUMAN CONDITIONS IN 1382 PRISONSversusI.A. NO. 68248 OF 2017

2017 INSC 955Directions issued

The Supreme Court, hearing a public‑interest writ petition (Writ Petition (Civil) No. 406 of 2013) on the inhuman conditions in 1,382 Indian prisons, examined the high incidence of unnatural deaths, especially suicides, in custodial settings. Relying on the International Committee of the Red Cross …

RATANLALversusPRAHLAD JAT & ORS.

2017 INSC 954Appeal(s) allowed

The case arose from a murder trial where the charge sheet under IPC sections 302, 201, 342 and 120B was filed against two accused. Twenty‑eight witnesses, including PW4 (Sawarmal) and PW5 (Chandri), had given statements that supported the prosecution. After about fourteen months, PW4 and PW5 filed …

THE STATE OF HARYANAAND OTHERSversusHINDUSTAN CONSTRUCTION COMPANY LTD.

2017 INSC 913Dismissed

The Haryana government assessed Hindustan Construction Co. for the 1998-99 year under the Haryana General Sales Tax Act, 1973 and ordered a refund in May 2000. The 1973 Act was repealed by the Haryana Value Added Tax Act, 2003 on 1 April 2003, which saved only pending proceedings. In June 2004, the …

ANNAII MEDICAL COLLEGE & HOSPITAL AND ANR.versusUNION OF INDIA AND ANR.

2017 INSC 903Disposed off

The petitioners, Annaii Medical College, sought confirmation of a conditional Letter of Permission (LOP) for the 2016‑17 MBBS session and relief from a decision that barred them from admitting students for 2017‑18 and 2018‑19 and authorised the Medical Council of India (MCI) to encash a Rs 2 crore …

KARPAGAM FACULTY OF MEDICAL SCIENCES . AND RESEARCHversusUNION OF INDIA AND ORS.

2017 INSC 904Disposed off

The appellant, Karpagam Faculty of Medical Sciences & Research, challenged the Central Government's order that barred it from admitting MBBS students for the 2017‑18 session and denied recognition under Section 11(2) of the Indian Medical Council Act, 1956. The college argued that successive …

ASSOCIATION OF ENGINEERSversusGOVERNMENT OF TAMIL NADU & ORS.

2017 INSC 906Dismissed

The Association of Engineers appealed against the Tribunal’s order directing that vacancies for Assistant Engineer be filled in a 3:1 ratio of direct recruitment to recruitment by transfer. The dispute centered on whether the 1985 Tamil Nadu Engineering Service Special Rules, which govern promotion …

CHRISOMAR CORPORATIONversusMJR STEELS PRIVATE LIMITED & ANR.

2017 INSC 905Appeal(s) allowed

Chrisomar Corporation supplied bunkers to the vessel M.V. Nikolaos‑S owned by Third Element Enterprises and sued for unpaid invoices, leading to the vessel's arrest. The parties entered a settlement on 18 January 2000, but the vessel was re‑arrested on 2 May 2000 when payment was still outstanding. …