STATE OF UTTARAKHAND & ANR.versusMANDIR SRI LAXMAN SIDH MAHARAJ
2017 INSC 88612 September 2017Appeal(s) allowed
Bharat Bhushan Bharti, calling himself the Mahant and Manager of the ancient Sri Laxman Sidh Maharaj temple, filed a civil suit seeking a declaration of ownership over the temple and its surrounding five‑acre land and a permanent injunction restraining the State and the Divisional Forest Officer from interfering with h…
CHANDPAKLAL RAMANLAL SHAH AND ANR.versusRELIANCE INDUSTRIES LTD.
2017 INSC 89512 September 2017Appeal(s) allowed
The appellant, a Central Excise Superintendent, filed a complaint alleging that Reliance Industries Ltd. evaded excise duty by taking credit without complying with Rule 56A of the Central Excise Rules, 1944. After Rule 56A was omitted by a 1994 notification, the respondent sought discharge, but the trial court framed a…
UNION OF INDIA AND ANOTHERversusRAJ KUMAR JHA AND OTHERS
2017 INSC 89212 September 2017Appeal(s) allowed
Officers who had served in the DANIPS since 1987 were later inducted laterally into the Indian Police Service (IPS) and were granted regularisation and pay promotions. The High Court held that, following the Sixth Pay Commission Report, seniority in the IPS should be fixed on the basis of grade pay and directed amendme…
AMARDEEP SINGHversusHARVEEN KAUR
2017 INSC 89612 September 2017Disposed off
Amardeep Singh filed a civil appeal challenging the Family Court's order granting a waiver of the six‑month cooling‑off period under Section 13B(2) of the Hindu Marriage Act, 1955, for a mutual‑consent divorce. The parties had been living separately for over eight years, had settled all pending disputes including a mas…
UMA SHANKAR & ORS.versusR. HANUMAIAH SINCE DECEASED THROUGH HIS LRS. & ORS.
2017 INSC 46312 May 2017Appeal(s) allowed
The land was acquired by the State in 1959 under the Land Acquisition Act, 1894 and possession was taken in 1975. Subsequent resolutions sought to reconvey portions of the land to R. Hanumaiah, but the Supreme Court held in 2005 that once possession is taken, Section 48 cannot be used to de‑acquire or reconvey the land…
ANIL KUMAR DADURAO DHEKLEversusRUKHIBEN AND ORS.
2017 INSC 33912 April 2017Appeal(s) allowed
The landlord of a two‑storeyed building sought possession of a ground‑floor shop that had been let to a barber in 1958. After the original tenant died, his two sons continued occupying the premises and allegedly sub‑let part of it without permission. The landlord claimed arrears of rent for more than six months, that t…
PALURE BHASKAR RAO ETC. ETC.versusP. RAMASESHAIAH & ORS. ETC.
2017 INSC 34012 April 2017Dismissed
The petitioners, former Reserve Sub‑Inspectors of the Andhra Pradesh Police, claimed that after being transferred to the Sub‑Inspector (Civil) grade they should be eligible for promotion to Inspector on the basis of total service of six years, including their Reserve Sub‑Inspector tenure. The State argued that the Andh…
ANANT SINGH @ ANANT KUMAR SINGHversusTHE STATE OF BIHAR AND ORS.
2017 INSC 34212 April 2017Appeal(s) allowed
The appellant, a convicted history‑sheeter, was first detained under the Bihar Control of Crimes Act, 1981 on 5 September 2016. That order was revoked on 17 September 2016, and a second detention order was issued on 21 September 2016 on the same grounds that existed before the revocation. The appellant challenged the s…
UNION OF INDIA AND ORS.versusK.P. SINGH AND ANR.
2017 INSC 4912 January 2017Disposed off
The Union of India appealed against two Armed Forces Tribunal (AFT) orders granting the Dynamic Assured Career Progression (DACP) Scheme to doctors serving as commissioned officers in the Army Medical Corps (AMC). The respondents argued that DACP, approved for civilian doctors, should also apply to AMC officers, relyin…
RELIANCE TELECOM LTD. & ANR.versusUNION OF INDIA & ANR.
2017 INSC 125412 January 2017Dismissed
The Supreme Court examined challenges to the 2015 Notice Inviting Application (NIA) for spectrum auction, where petitioners alleged that the minimum bidding requirements, classification of bidders and spectrum‑capping provisions violated Article 14 and created a non‑competitive environment. The Court held that the gove…
BARUN CHANDRA THAKURversusCENTRAL BUREAU OF INVESTIGATION AND OTHERS
2017 INSC 121411 December 2017Dismissed
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 & Haryana High Court, whic…
MOHINDER KUMAR MEHRAversusROOP RANI MEHRA & ORS.
2017 INSC 121211 December 2017Appeal(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 a date for recordin…
TRILOK SINGH CHAUHANversusRAM LAL (DEAD) THR. LRS.
2017 INSC 121311 December 2017Appeal(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 Courts Act, 1887, which…
RAN VIJAY SINGH & ORS.versusSTATE OF U.P. & ORS.
2017 INSC 120911 December 2017Disposed 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, leading a Single Judge…
KAUSHAL KISHORE AWASTHIversusBALWANT SINGH THAKUR & ANR.
2017 INSC 121111 December 2017Appeal(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 State Bar Council fou…
INDEPENDENT THOUGHTversusUNION OF INDIA & ANR.
2017 INSC 103011 October 2017Directions 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 creates an arbitrar…
EASTERN COALFIELDS LTD. & ORS.versusPRATIVA BISWAS & ORS.
2017 INSC 102911 October 2017Dismissed
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 was lowered while t…
NARENDRA & ORS.versusSTATE OF UTTAR PRADESH & ORS.
2017 INSC 88211 September 2017Appeal(s) allowed
The appellants' land was acquired by the State of Uttar Pradesh under the Land Acquisition Act, 1894. The Special Land Acquisition Officer initially fixed compensation at Rs.50 per square yard, which was later increased to Rs.90 by the reference court. The High Court, after hearing other landowners, fixed a fair compen…
ASFAQversusSTATE OF RAJASTHAN & ORS.
2017 INSC 88411 September 2017Dismissed
The appellant, convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and sentenced to life imprisonment, applied for a 20‑day regular parole which was rejected by both the Union and State governments on the basis of adverse reports. The High Court dismissed his writ petition, holding that beca…
MIHIR KUMAR HAZARA CHOUDHURYversusLIFE INSURANCE CORPN. & ANR.
2017 INSC 88111 September 2017Dismissed
M.K. Hazra Chowdhury, an Assistant of Life Insurance Corporation of India (LIC), was found to have issued premium receipts to policyholders without actually receiving the premiums. He admitted the act in his reply, citing workload and family pressures, and sought leniency. A departmental enquiry under Regulation 39 of …
SURESH CHANDRA JANAversusTHE STATE OF WEST BENGAL & ORS.
2017 INSC 129611 August 2017Disposed off
The victim, Saraswati Guchhait, was allegedly raped by Purnendu Kumar Patra and later, while the rape case was pending, Patra and Rabin Jana threw acid on her. She was taken to a hospital, where she could not file a police complaint herself; a neighbour (PW‑7) wrote her statement and mailed it, resulting in a 23‑day de…
M/S. SUNDER MARKETING ASSOCIATESversusSTATE OF HARYANA & ORS.
2017 INSC 74211 August 2017Disposed off
The petitioner, Mis. Sunder Marketing Associates, entered into a joint venture (JV) with KJSL and won the highest bid for a mining lease in Haryana. After the JV was granted the lease, the partner KJSL sought to rescind the contract while the petitioner wished to continue, leading the State Government to transfer the l…
SURAJ PAL (D) THR. LR.versusRAM MANORATH & ORS.
2017 INSC 74111 August 2017Dismissed
The dispute concerned a plot of land used as 'Abadi' that had been declared 'Chakout', i.e., outside the Uttar Pradesh consolidation scheme. Four brothers were co‑tenure holders; one brother sold his one‑fourth share to the respondents. The remaining brothers sued for injunction, arguing that under Section 5(c)(ii) of …
UNION OF INDIA & ORS.versusS. RAVICHANDRAN & ORS.
2017 INSC 74011 August 2017Appeal(s) allowed
The private respondents, serving in the ministerial cadre of the Border Security Force (BSF), sought implementation of a 2000 decision that created 26 Assistant Commandant and 8 Deputy Commandant posts for their cadre after the abolition of a 10% promotion quota. The Union of India argued that a later 2003 cadre review…
ENVIRONMENT AND CONSUMER PROTECTION FOUNDATIONversusUNION OF INDIA & ORS .
2017 INSC 74311 August 2017Directions issued
The Environment and Consumer Protection Foundation filed a writ petition under Article 32 seeking directions for the Union of India and the State of Uttar Pradesh to rehabilitate widows living in Vrindavan, citing a newspaper article that highlighted their deplorable conditions. The Court noted that widows constitute a…
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusM. S. RATHI
2017 INSC 60211 July 2017Dismissed
The Institute of Chartered Accountants of India (ICAI) sought reprimand of M.S. Rathi, a chartered accountant, for issuing certificates that allegedly showed the CIF value of imported raw materials instead of their actual value and for issuing such certificates without the units maintaining proper books of accounts. Th…
THE MANAGER, CORPORATE EDUCATIONAL AGENCYversusJAMES MATHEW & ORS.
2017 INSC 60511 July 2017Appeal(s) allowed
The appellants, minority aided educational institutions, appointed a teacher of their choice as Headmaster, bypassing senior teachers from the same community. The Kerala High Court interfered, holding that the management could not ignore senior qualified teachers and that the National Commission's certificate of minori…
ARRIVE SAFE SOCIETY OF CHANDIGARHversusTHE UNION TERRITORY OF CHANDIGARH & ANR.
2017 INSC 60911 July 2017Dismissed
The Arne Safe Society of Chandigarh challenged a 2017 notification that re‑classified Chandigarh's V‑1, V‑2 and V‑3 roads—previously designated as state highways—as major district roads, alleging that the change circumvented the Supreme Court's directions in State of Tamil Nadu v. K. Balu (2016) which barred liquor lic…
RAM MURTI DEVIversusPUSHPA DEVI AND OTHERS
2017 INSC 60411 July 2017Appeal(s) allowed
The landlord let a ground‑floor shop to the tenant and later terminated the tenancy, suing for eviction on the grounds of rent arrears and alleged sub‑letting. The landlord claimed the tenant had allowed Mohd. Ezaj Khan to occupy part of the shop and charge Rs.50 per day for watch‑repair work, while the tenant asserted…
PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD. & ANR.versusM/S ATWAL RLCE & GENERAL MILLS REP. BY ITS
2017 INSC 60611 July 2017Appeal(s) allowed
The Punjab State Civil Supplies Corporation Ltd. obtained a money award of Rs.10,24,847.15 from Mis Atwal Rice & General Mills in an arbitration proceeding, which became final after the respondents' Section 34 challenge was dismissed. The appellant filed an execution petition under Section 36 of the Arbitration and Con…
UNION OF INDIA & ANR.versusK. P. S. RAGHUVANSHI & ORS.
2017 INSC 129411 May 2017Disposed off
DIG K.P.S. Raghuvanshi challenged the Departmental Promotion Committee (DPC) recommendation for his promotion to Inspector General of the Indian Coast Guard, alleging that the DPC was conducted under the newly issued Coast Guard Order (CGO) 02/09, which altered the Annual Confidential Report (ACR) criteria, and that th…
ROOPENDRA SINGHversusSTATE OF TRIPURA & ANR.
2017 INSC 33611 April 2017Appeal(s) allowed
The accused Roopendra Singh was acquitted of offences under Sections 342, 376(2)(b) and 506 IPC. The victim, the widow of the deceased, filed a criminal appeal under Section 372 of the CrPC, which the Gauhati High Court admitted without requiring leave under Section 378(3). The State challenged this, citing the Supreme…
DENTAL COUNCIL OF !NOIAversusDR. HEDGEWAR SMRUTI RUGNA SEVA MANDAL, HINGOLI &ORS.
2017 INSC 33211 April 2017Disposed off
The Dental Council of India (DCI) sought to enforce a Government of India order disapproving a dental college's scheme to start MDS courses in Orthodontics and Dentofacial Orthopaedics for 2016-17. The college obtained a stay from the High Court, which allowed it to admit students on the condition that admission was at…
ENERGY WATCHDOGversusCENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS. ETC.
2017 INSC 33811 April 2017Disposed off
The Supreme Court examined appeals by power generators challenging the Central Electricity Regulatory Commission’s (CERC) refusal to grant compensatory tariff after a rise in Indonesian coal prices. The Court clarified that CERC’s authority to adopt or determine tariffs under Section 63 is derived from its general regu…
KAMRUP LNDUSTRLAL GASES LTD.versusUNION OF INDIA
2017 INSC 33011 April 2017Appeal(s) allowed
Kamrup Industrial Gases Ltd entered into a contract with Diesel Locomotive Works (Union of India) to supply minimum quantities of oxygen and acetylene gas each month. When the buyer failed to lift the stipulated amounts, the seller was entitled to sell the surplus or, if unsold, to blow off the gas and recover the proc…
STATE OF RAJASTHANversusRAMANAND
2017 INSC 33411 April 2017Disposed off
The respondent Ramanand was charged with the deaths of his wife Anita and daughter Ekta, alleged to be caused by strangulation with the bodies later set on fire. Post‑mortem reports established that death resulted from asphyxia due to strangulation and that the burns were post‑mortem, contradicting the initial claim of…
M/S KAUSHIK COOP. BUILDING SOCIETYversusN. PARVATHAMMA & ORS.
2017 INSC 33511 April 2017Disposed off
The Kaushik Cooperative Building Society claimed ownership of land in Survey No.129/68 Paiki based on a 1976 decree in a specific‑performance suit (CCCA No.14 of 1972). Subsequent land‑grabbing suits (LGC Nos.46/1989, 29/1992, 15/1996) were dismissed, confirming the same title. Later, a new land‑grabbing case (LGC No.4…
DALIP KAUR BRARversusM/S.GURU GRANTH SAHIB SEWA MISSION (REGD.) AND ANR.
2017 INSC 33111 April 2017Appeal(s) allowed
The landlord, Dalip Kaur Brar, leased a residential premises to the respondents for three years at a rent of Rs.25,000 per month, increasing to Rs.28,000 after the first year. The tenants fell into arrears from November 2005, but the Rent Controller made a provisional assessment directing them to deposit only Rs.19,000…
COMMON CAUSE (A REGISTERED SOCIETY) AND OTHERSversusUNION OF INDIA AND OTHERS
2017 INSC 6911 January 2017Dismissed
The petitioners, Common Cause and others, sought a court‑ordered Special Investigation Team to probe alleged hawala transactions and cash seizures involving the Aditya Birla and Sahara groups, relying on documents seized in raids such as loose sheets, pen‑drives and laptop data. The respondents opposed, contending that…
BALAKRISHNANversusUNION OF INDIA & ORS.
2017 INSC 125311 January 2017Appeal(s) allowed
The appellant, a landlord, owned agricultural land that was acquired by the Kerala government under the Land Acquisition Act, 1894 for a techno‑park project. After the award fixed compensation, the appellant negotiated a higher amount with the acquiring authority and executed a sale deed, receiving the agreed sum. The …
DEBAPRIYA PALversusSTATE OF WEST BENGAL
2017 INSC 125211 January 2017Appeal(s) allowed
The appellant, Debapriya Pal, was convicted along with his alleged accomplice A I for the double murder of Anusha Sarkar and her mother Maya Sarkar, based primarily on circumstantial evidence. The prosecution's case rested on the appellant's alleged friendship with A I, recovery of blood‑stained clothes, a laptop belon…
UNITED FINANCE CORPORATIONversusM.S.M. HANEEFA
2017 INSC 4511 January 2017Appeal(s) allowed
United Finance Corporation, the decree‑holder, purchased a property at a court auction and sought delivery of possession under Order XXI Rule 95 of the CPC. The judgment‑debtor filed applications to set aside the sale and obtained a stay of execution, which was later dismissed on 9 July 2003. The appellant filed the po…
IA. K. SIKRI AND ASHOK BHUSHAN, JJ.]versusCOMMISSIONER OF CENTRAL EXCISE GUWAHATI
2017 INSC 109210 November 2017Appeal(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 exempted excise duty, …
UNION OF INDIA AND OTHERSversusMAJ. GEN. MANOMOY GANGULY. VSM
2017 INSC 109510 November 2017Dismissed
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, improving his quantifie…
KHEKH RAMversusSTATE OF H.P.
2017 INSC 109310 November 2017Appeal(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 was the driver and in…
CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND ANOTHER
2017 INSC 109110 November 2017Matter 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 composition of a bench …
ROHIT TANDONversusTHE ENFORCEMENT DIRECTORATE
2017 INSC 109610 November 2017
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 appellant’s involvement …
SANTOSH S/O DWARKADAS FAFATversusTHE STATE OF MAHARASHTRA
2017 INSC 102710 October 2017
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 protection, but the…
NAGAR PALIKA RAISINGHNAGARversusRAMESHWAR LAL & ANR.
2017 INSC 102410 October 2017Dismissed
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 him, alleging that the …
M/S. DURO FELGUERA, S. A.versusM/S. GANGAVARAM PORT LIMITED
2017 INSC 102610 October 2017Disposed 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 a single arbitral tr…
K. RAVEENDRANATHAN NAIR & ANR.versusCOMMISSIONER OF INCOME TAX & OTHERS
2017 INSC 73310 August 2017Appeal(s) allowed
The petitioners challenged the demand for court fees on appeals filed under Section 260A of the Income Tax Act, 1961, arguing that the right of appeal vested on the date of assessment (or the date the demand was negatived) and that the amendment inserting Section 52A in the Kerala Court Fees and Suits Valuation Act, 19…
UNION OF INDIA AND ORS.versusEX LAC NALLAM SHIVA
2017 INSC 73210 August 2017Case Partly allowed
Corporal Nallam Shiva of the Indian Air Force overstayed his casual leave of about one and a half years without informing his superiors, leading to his conviction for desertion and overstaying leave under the Air Force Act, 1950. The District Court Martial sentenced him to rigorous imprisonment, dismissal from service …
A.P. SHOWKATH ALI & ORS.versusSTATE OF KERALA & ORS.
2017 INSC 73610 August 2017Dismissed
The case concerned thirty‑seven Assistant Sub‑Inspectors recruited from the Scheduled Caste/Tribe categories in 1988, who were required to pass a special test for probation under the Special Rules. The test was never conducted for over twelve years, yet the officers were provisionally promoted. The Government issued an…
B. VIJAYA BHARATHIversusP. SAVITRI & ORS.
2017 INSC 73410 August 2017Dismissed
The plaintiff entered into an agreement to sell a property with the first defendant, paying two‑thirds of the price in advance and agreeing that the defendant would execute a General Power of Attorney for the plaintiff's husband. On 13 March 1992 the defendant repudiated this by refusing to register the Power of Attorn…
M/S. SHOELINEversusCOMMISSIONER OF SERVICE TAX AND ORS.
2017 INSC 73810 August 2017Case Partly allowed
Mis. Shoeline was served a show‑cause notice for non‑payment of service tax on commissions paid to overseas agents for the period July 9, 2004 to March 31, 2006. The Joint Commissioner confirmed the demand in February 2008, but the appellant neither filed a statutory appeal nor challenged the order, instead paying the …
J. VASANTHI & ORS.versusN. RAMAN! KANTHAMMAL (D) REP. BY LRS. & ORS.
2017 INSC 73110 August 2017Appeal(s) allowed
The original plaintiff, J. Vasanti & Ors., filed a suit seeking a declaration that several sale deeds relating to her inherited property were null and void and also sought a permanent injunction. The defendants argued that the plaintiff, being a party to the sale deeds, was effectively seeking cancellation of those dee…
JAGHBIR SINGH & ORS.versusP. K. TRWATHI, CHIEF SECY., GOVT. OF NCT OF DELHI & ORS.
2017 INSC 59710 July 2017Disposed off
The Supreme Court had earlier ordered the closure and relocation of industrial units operating in residential or non‑conforming areas of Delhi, directing that such premises be sealed and only de‑sealed upon an undertaking not to resume industrial activity. Respondent Sanjay Gupta, the occupier of premises at 87/1 Villa…
MRLGANK JOHRL & ORS.versusUNION OF INDIA & ORS.
2017 INSC 59610 July 2017Dismissed
The appellants, junior engineers (Electrical) originally appointed in All India Radio, were deputed to the Postal Department and later opted for permanent absorption on terms that they would be deemed new recruits and their seniority would not be counted. After the seniority list was published, they challenged the excl…
STATE OF HIMACHAL PRADESHversusNIRMALA DEVI
2017 INSC 32510 April 2017Appeal(s) allowed
The State of Himachal Pradesh appealed against the Himachal High Court’s order that replaced the trial court’s imprisonment sentences for Nirmala Devi with a fine of Rs.30,000. The trial court had convicted her under IPC sections 307 (attempt to murder), 328 (causing hurt by poison) and 392 (robbery) and sentenced her …
SURAIN SINGHversusTHE STATE OF PUNJAB
2017 INSC 32310 April 2017Disposed off
Surain Singh was convicted of murder (Sec. 302 IPC) for killing two men during a violent clash between rival factions in a court of the Executive Magistrate. The clash erupted when Singh, objecting to the presence of a rival, drew his kirpan and struck several persons, resulting in two deaths. He appealed to the Suprem…
CHARANDAS SWAMIversusSTATE OF GUJARAT & ANR.
2017 INSC 32210 April 2017Dismissed
The case concerns the murder of Gadadharanandji, the newly elected Chairman of the Vadtal Temple Board of Trustees, who was allegedly kidnapped, strangled and his body burnt and dumped in Rajasthan by a group of temple functionaries. The prosecution proved the accused's motive—fear of losing control over temple finance…
SRI M. SANKARANARAYANANversusTHE DEPUTY COMMISSIONER, BANGALORE & ORS.
2017 INSC 32610 April 2017Appeal(s) allowed
The dispute concerned the title to the Beaulieu estate in Bengaluru, originally conveyed in 1900 to the Dewan of Mysore on behalf of the First Princess of Mysore. Over the ensuing century, portions of the estate were acquired by the State and later transferred to private owners, including the appellant. In 2004 the Kar…
MRS. HEMA KHATTAR & ANR.versusSHIV KHERA
2017 INSC 32410 April 2017Appeal(s) allowed
The parties entered into a written construction contract on 06‑06‑2009 containing an arbitration clause. Disputes over construction quality led to a meeting where the contract was terminated by mutual consent and an oral agreement was made with the husband of the original contractor to supervise the work, under which h…
IMAX CORPORATIONversusM/S E-CITY ENTERTAINMENT (I) PVT. LTD.
2017 INSC 23110 March 2017Appeal(s) allowed
The appellant Imax Corporation and the respondent MIS E‑City Entertainment entered into a contract containing an arbitration clause that referred to the ICC Rules of Arbitration and stipulated that the agreement would be governed by Singapore law. The parties submitted their dispute to the ICC, which after consulting t…
M/S. VOESTALPINE SCHIENEN GMBHversusDELHI METRO RAIL CORPORATION LTD.
2017 INSC 126410 February 2017Dismissed
M/s. Voestalpine Schienen GmbH (petitioner) entered into a contract with Delhi Metro Rail Corporation Ltd. (DMRC) for supplying rails. Disputes arose over payments and liquidated damages, and the parties invoked an arbitration clause that required DMRC to prepare a panel of serving or retired engineers from government …
M/S CHAKRESHWARI CONSTRUCTION PVT. LTD.versusMANOHAR LAL
2017 INSC 126310 February 2017Appeal(s) allowed
M/s Chakreshwari Construction Pvt. Ltd., the owner of a shop leased to Manohar Lal, filed an eviction petition under the Rajasthan Rent Control Act, 2001 alleging subletting and lack of alternative accommodation. After the trial evidence was closed, the appellant sought to amend the petition under Order 6 Rule 17 CPC t…
EXECUTIVE OFFICER, ARULMIGU CHOKKANATHA SWAMY KOIL TRUST VIRUDHUNAGARversusCHANDRAN & ORS.
2017 INSC 12510 February 2017Appeal(s) allowed
The plaintiff claimed to have purchased 2.73 acres of land that he said formed part of Survey No. 188 and sought a declaration of title and a mandatory injunction to have his name entered in the revenue records. The trial court and the first appellate court held that the plaintiff had not correctly described the suit p…
SALONI ARORAversusSTATE OF NCT OF DELHI
2017 INSC 4310 January 2017Appeal(s) allowed
The appellant was prosecuted under Section 182 of the Indian Penal Code for making a false complaint to a public servant. The prosecution failed to follow the mandatory procedure under Section 195 of the Code of Criminal Procedure, which requires a written complaint by the public servant before a prosecution can be lau…
MANAGEMENT OF BHARAT HEAVY ELECTRICALS LTD.versusM. MANI
2017 INSC 10889 November 2017Appeal(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 their dismissals in a La…
KERALA PRIVATE HOSPITAL ASSOCIATIONversusSTATE OF KERALA & ORS.
2017 INSC 10909 November 2017Dismissed
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 several of the employer…
NATIONAL INSTITUTE OF MEDICAL SCIENCE UNIVERSITY RAJASTHAN & ANR.versusSTATE OF RAJASTHAN & ORS.
2017 INSC 10899 November 2017Dismissed
The National Institute of Medical Sciences University (NIMS) claimed that the State of Rajasthan had failed to respond to its repeated representations for the allotment of Khasra No. 526 and, relying on this silence, constructed extensive buildings on the land. The State, invoking the Jaipur Development Authority Act, …
PLASTIBLENDS INDIA LIMITEDversusADDL. COMMISSIONER OF INCOME TAX, MUMBAI & ANR.
2017 INSC 10169 October 2017Dismissed
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 deduction, leading to a …
RAJESH KUMAR C. K. JAINversusTHE STATE OF KARNATAKA
2017 INSC 10199 October 2017Appeal(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 trial court. On appeal…
MANOHAR LAL SHARMAversusCENTRAL BUREAU OF INVESTIGATION & ORS.
2017 INSC 10229 October 2017Disposed 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 financial loss and facilitat…
ARJUN GOPAL AND OTHERSversusUNION OF INDIA AND OTHERS
2017 INSC 10219 October 2017
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 manufacturers and licenc…
NADIMINTI SURYANARAYAN MURTHY (DEAD) THROUGH LRS.versusKOTHURTHI KRISHNA BHASKARA RAO & ORS.
2017 INSC 10159 October 2017Disposed off
The plaintiff (respondent No. I) entered into a genuine sale agreement on 18‑01‑1983 with defendants Nos.1‑5 for a house, paying Rs.1,000 as advance. Instead of executing the sale deed, the defendants sold the same house to defendant No.6 on 09‑02‑1983, relying on a purported earlier agreement dated 04‑01‑1983, which t…
STATE (NCT OF DELHI)versusBRIJESH SINGH @ ARUN KUMAR AND ANR.
2017 INSC 10189 October 2017Appeal(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 activity" requireme…
SANTHINIversusVIJAYA VENKETESH
2017 INSC 10239 October 2017Reference 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 conferencing on the conse…
STATE OF KERALA AND OTHERSversusFR. WILLIAM FERNANDEZ ETC. ETC.
2017 INSC 10149 October 2017Disposed 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 State has full compe…
SANTHINIversusVJJAYA VENKETESH
2017 INSC 7309 August 2017Matter referred to larger bench
The petitioner sought transfer of a divorce and child‑custody petition from the Family Court in Alappuzha, Kerala to the Family Court in Chennai, Tamil Nadu. The respondent argued that, following the Supreme Court’s decision in Krishna Veni Nagam, the matters could be dealt with via video‑conferencing instead of transf…
N. A. L. LAYOUT RESIDENTS ASSOCIATIONversusBANGALORE DEVELOPMENT AUTHORITY & ORS.
2017 INSC 7259 August 2017Appeal(s) allowed
The State acquired Survey No.50 in 1977‑78 and took physical possession on 23 March 1984, handing it over to the Bangalore Development Authority (BDA). The land owners repeatedly challenged the acquisition, but the Karnataka High Court dismissed their writ petitions, finding that possession had been taken and the acqui…
DAYA KISHAN JOSHI & ANR.versusDYNEMECH SYSTEMS PVT. LTD.
2017 INSC 7269 August 2017Disposed off
The appellant, father of a deceased employee, claimed compensation under the Employees' Compensation Act, 1923 after the employee died in a road accident while returning from a field assignment. The Commissioner and the High Court dismissed the claim, holding the accident was not "arising out of and in the course of em…
VITHAL TUKARAM KADAM AND ANOTHERversusVAMANRAO SAWALARAM BHOSALE AND OTHERS
2017 INSC 7219 August 2017Appeal(s) allowed
The plaintiff executed a deed in 1953 that was styled as a sale of land for a nominal sum of Rs.700, but included a clause that the land would be returned if the amount was repaid within ten years. The parties were long‑time acquaintances, with the plaintiff having repeatedly borrowed money from the defendant, establis…
VASANT RAO GUHEversusSTATE OF MADHYA PRADESH
2017 INSC 7189 August 2017Appeal(s) allowed
Vasant Rao Guhe, a Sub‑Engineer, was charged under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known sources of income. The trial court, and later the High Court, computed his income and expenditures by making presumptive calculations and altered the charge without framing a fre…
STATE OF HARYANAversusKRLSHAN & ANR.
[2017] 7 S.C.R. 2519 July 2017Case Partly allowed
In 1980 a hooch tragedy in Kalanwali, Haryana, caused 36 deaths and 44 permanent blindings after victims consumed liquor adulterated with methyl alcohol. Krishan and Som Nath, licensees of the liquor vend, were convicted by the trial court under IPC sections 302, 328 and 120B. The High Court acquitted them, holding tha…
SATISH NIRANKARIversusSTATE OF RAJASTHAN
2017 INSC 4799 June 2017Appeal(s) allowed
Satish Nirankari and his lover Pooja, whose inter‑caste marriage was opposed by her family, went to a vacant house, performed a makeshift marriage, and each consumed copper sulphate. Pooja ingested a larger dose, later hanged herself; Nirankari survived, raised alarm, and sought medical help. He was convicted under IPC…
UNION OF INDIA AND ANOTHERversusM/S. KUMHO PETROCHEMICALS COMPANY LIMITED AND ANOTHER
2017 INSC 4769 June 2017Dismissed
The case concerned the levy of anti‑dumping duty on imports of Acrylonitrile‑Butadiene‑Rubber (NBR) from Korea. The original notification imposing the duty was extended by a five‑year notification dated 02‑01‑2009, which expired on 01‑01‑2014. A third sunset‑review was initiated on 31‑12‑2013, and the Government issued…
ASHISH RANJAN AND ORS.versusUNION OF INDIA AND OTHERS
[2017] 4 S.C.R. 699 June 2017IA disposed
The petitioners, two private medical colleges, and the State of Bihar sought a fresh counselling and an extension of the deadline for postgraduate admissions after earlier counselling rounds were cancelled due to law‑and‑order disturbances and haphazard conduct. The Medical Council of India argued that the time‑schedul…
ASHISH RANJAN AND ORS.·versusUNION OF INDIA AND OTHERS
[2017] 4 S.C.R. 789 June 2017Rejected
The petitioners, two private universities, sought the Supreme Court's intervention to extend the time for completing post‑graduate medical counselling, relying on the Court's order dated 09‑05‑2017 and a subsequent Ministry of Health circular dated 26‑05‑2017. The State of Madhya Pradesh contended that the first, secon…
HONDA SIEL CARS INDIA LTD.versusCOMMISSIONER OF INCOME TAX, GHAZIABAD
2017 INSC 4779 June 2017Dismissed
The Supreme Court examined whether the lump‑sum technical fee and royalty paid by Honda Siel Cars India Ltd. under a Technical Collaboration Agreement with Honda Motors Company Ltd., Japan, should be treated as capital or revenue expenditure under the Income‑Tax Act. The joint venture was created to set up a new automo…
BINOY VISWAMversusUNION OF INDIA & ORS.
2017 INSC 4789 June 2017Disposed off
The petitioners, a group of public‑spirited individuals, challenged the constitutionality of Section 139AA of the Income Tax Act, 1961, which makes it mandatory for income‑tax assessees to quote their Aadhaar number while applying for a PAN or filing returns. They argued that the provision violated Articles 14 and 19(1…
MIS ARIHANT UDHYOGversusSTATE OF RAJASTHAN & ORS.
2017 INSC 4759 June 2017Disposed off
The Supreme Court examined whether licensees under the Rajasthan Agricultural Produce Markets Act who purchase agricultural produce from outside Rajasthan and bring it into the market area are required to pay the market fee. The Court held that liability depends on when title in the goods passes; if ownership transfers…
SHIVASHAKTI SUGARS LIMITEDversusSHREE RENUKA SUGAR LIMITED & ORS.
2017 INSC 12909 May 2017Appeal(s) allowed
Shivashakti Sugars Ltd obtained permission to set up a sugar factory in Saundatti, Karnataka, but the High Court held that the nearby Raibagh Sahakari factory was an existing sugar mill within 15 km, violating Clause 6A of the Sugarcane Control (Amendment) Order, 2006, and ordered the factory’s closure. On appeal, the …
STATE BANK OF INDIA AND ORS.versusKINGFISHER AIRLINES LTD. AND ORS.
2017 INSC 4629 May 2017Hearing Adjourned
The consortium of banks sought recovery of large debts from respondents, including guarantor Respondent No.3, who received US$40 million and was ordered by the Supreme Court on 7 April 2016 to disclose all assets. Respondent No.3 failed to disclose the overseas account used for the transfer and subsequently transferred…
THE TAHSILDAR, TALUK OFFJCE, THANJORE & ORS.versusG. THAMBIDURAI & ANOTJIER
2017 INSC 12929 May 2017Appeal(s) allowed
The case concerned a parcel of land that was taken over by the Government in 1935 for non‑payment of land tax and classified as "bought‑in" land. The original owner’s heir, G. Thambidurai, claimed that under Revenue Standing Order (RSO) 45(4) he was entitled to a preference for reassignment of the land upon payment of …
RAJ DADARKAR & ASSOCIATESversusACIT-CC-46
2017 INSC 4579 May 2017Dismissed
The appellant, a partnership firm, obtained lease‑hold rights to a stilt portion of a municipal market through auction and constructed a shopping centre, sub‑licensing shops to traders. The Assessing Officer re‑assessed the income from these sub‑licences under the head "Income from House Property" on the basis that the…
STATE REPRESENTED BY THE PRJNCIPAL SECRETARY TO GOVERNMENT, HOME (POLICE XIX) DEPARTMENT AND OTHERSversusK. S. PALANICHAMY AND ORS.
2017 INSC 12919 May 2017Appeal(s) allowed
The State, on receipt of complaints from depositors that Global Capital Trading Services had defaulted on returns and allegedly defrauded investors, issued a Government Order on 24‑12‑2012 attaching the immovable properties of the partners under Section 3 of the Tamil Nadu Protection of Interests of Depositors (In Fina…
M/S. LISIE MEDICAL INSTITUTIONSversusTHE STATE OF KERALA & ORS.
2017 INSC 12899 May 2017Matter referred to larger bench
M/s. Lisie Medical Institutions, a charitable trust running a hospital, sought exemption from building tax under the Kerala Building Tax Act, 1975, claiming its premises were used for charitable purposes. The High Court, relying on S.H. Medical Centre Hospital v. State of Kerala, rejected the exemption, holding that "c…
SAMIR VIDYASAGAR BHARDWAJversusNANDITA SAMIR BHARDWAJ
2017 INSC 12939 May 2017Dismissed
The husband appealed against an interim order of the Family Court that, under Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005, directed him to vacate the shared matrimonial house pending a divorce petition on grounds of cruelty. The wife alleged mental and physical cruelty and sought a mand…
KAMENG DOLOversusATUMWELLY
2017 INSC 4619 May 2017Dismissed
Kameng Dolo was elected unopposed to the Arunachal Pradesh Legislative Assembly after the other candidate, Atum Welly, allegedly withdrew his candidature. The High Court held that the withdrawal notice did not comply with the requirements of Section 37 of the Representation of the People Act, 1951 and declared Dolo's e…
M/S. PARLE AGRO (P) LTD.versusCOMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM
2017 INSC 4589 May 2017Disposed off
Parle Agro (P) Ltd. manufactures "Appy Fizz", a fruit‑juice based beverage, and challenged its classification under the Kerala Value Added Tax Act, 2003. The revenue classified it as an "aerated branded soft drink" under Section 6(1)(a) attracting a 20% tax, while the assessee argued it falls under Entry 71 Item 5 of t…
CONSORTIUM OF TITAGARH FIREMA ADLER S.P.A. - TITAGARH WAGONS LTD. THROUGH AUTHORIZED SIGNATORY, TITAGARH TOWERS, 756, ANANDAPUR, E. M. BYPASS, KOLKATA- 700 07, WEST BENGALversusNAGPUR METRO RAIL CORPORATION LTD. (NMRCL) HAVING ITS HEAD OFFICE AT METRO HOUSE, BUNGALOW NO. 28/2, ANAND NAGAR, C.K. NAIDU ROAD, CIVIL LINES, NAGPUR THROUGH ITS GENERAL MANAGER (PROCUREMENT) & ANR.
2017 INSC 4609 May 2017Dismissed
The Nagpur Metro Rail Corporation (NMRCL) issued a tender for 69 EMU rolling stock, which was won by a Chinese government-owned company (Respondent No.2) whose bid was Rs.851 crore, marginally lower than the appellant's Rs.852 crore. The appellant challenged the award, arguing that Respondent No.2 was not a "single ent…
VAISHALI ABHIMANYU JOSHIversusNANASAHEB GOPAL JOSHI
2017 INSC 4599 May 2017Appeal(s) allowed
The father‑in‑law filed a suit in the Judge, Small Causes Court seeking possession of a flat, claiming he was the licensor and the daughter‑in‑law a gratuitous licensee. The daughter‑in‑law filed a counter‑claim for a residence order under Section 19 of the Protection of Women from Domestic Violence Act, 2005. The issu…
IN RE, HON'BLE SHRI JUSTICE C. S. KARNANversus.
2017 INSC 4559 May 2017Disposed off
The Supreme Court suo motu initiated contempt proceedings against Justice C.S. Karnan of the Madras High Court for repeatedly issuing letters and orders that alleged corruption and caste-based discrimination against numerous judges, including Supreme Court judges, and for publicly scandalising the judiciary. The Court …
HUSSAIN AND ANR.versusUNION OF LNDIA
2017 INSC 2279 March 2017Disposed off
The appellants, who were in custody for several years—one under trial for an offence under Section 21(c) of the NDPS Act and another convicted under Section 302 of the IPC—challenged the denial of bail, invoking their fundamental right to a speedy trial under Article 21. The Supreme Court examined whether bail must be …
M/S. MCDOWELL & COMPANY LTD.versusCOMMISSIONER OF INCOME-TAX, KARNATAKA CENTRAL, BANGALORE
2017 INSC 2209 March 2017Dismissed
McDowell & Co Ltd acquired the sick company Hindustan Polymers Ltd (HPL) by amalgamation effective 1 April 1977. HPL’s banks waived interest on loans, which under Section 41(1) of the Income‑Tax Act would normally be taxable income. The assessee claimed the benefit of Section 72A, allowing it to set off HPL’s accumulat…
MIS. YESHWANT GRAMIN SHIKSHAN SANSTHAversusTHE ASSISTANT PROVIDENT FUND COMMISSIONER & ORS.
2017 INSC 12729 March 2017Appeal(s) allowed
MIS. Yeshwant Gramin Shikshan Sanstha, a society that runs 29 grant‑in‑aid schools and colleges in Maharashtra, appointed 16 part‑time librarians with the permission of the State Government. The Assistant Provident Fund Commissioner claimed the society had defaulted on EPF contributions for those part‑time employees un…
DR. K. S. PALANISAMI (DEAD) THROUGH LRS.versusHINDU COMMUNITY IN GENERAL AND CITIZENS OF GOBICHETTIPALAYAM AND OTHERS
2017 INSC 2219 March 2017Disposed off
The Supreme Court examined a dispute arising from a 1968 joint and mutual will executed by a husband and wife, which earmarked their properties for charitable purposes and granted the surviving spouse absolute rights to deal with the property. The Court held that the suit was not barred by Section 108 of the Tamil Nadu…
KRISHNA VENI NAGAMversusHARISH NAGAM
2017 INSC 2249 March 2017Disposed off
The wife, residing in Hyderabad with her minor daughter, sought transfer of a divorce proceeding filed by her husband under Section 13 of the Hindu Marriage Act in the Family Court of Jabalpur, citing hardship in traveling to the forum. The petition raised whether a transfer under Section 25 of the CPC was appropriate …
CHHATTISGARH STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD AND ANR.versusM/S AMAR INFRASTRUCTURE LTD. AND ORS.
2017 INSC 2309 March 2017Appeal(s) allowed
The Chhattisgarh State Industrial Development Corporation (CSIDC) floated a tender for infrastructure up‑gradation and shortlisted two bidders, L‑1 (Raipur Construction) and L‑2 (Arcons Infrastructure). Mis. Amar Infrastructure challenged the qualification of L‑2 on the ground that it did not possess a Hot Mix Plant, a…
ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDYversusSUSHIL ANSAL AND ANOTHER
2017 INSC 1239 February 2017Disposed off
The case arose from the 1997 Uphaar cinema fire that killed 59 people. Sushil Ansal (the licencee) and his brother Gopal Ansal were convicted under Sections 304‑A, 337, 338 and 36 of the IPC and sentenced to two years' rigorous imprisonment, which the Delhi High Court reduced to one year. The Supreme Court, in a two‑ju…
B. K. PAVITRA & ORS.versusUNION OF INDIA & ORS.
2017 INSC 1219 February 2017Appeal(s) allowed
The Supreme Court examined the Karnataka Determination of Seniority of Government Servants Promoted on the Basis of Reservation Act, 2002, which granted consequential seniority to SC/ST government servants promoted under reservation and protected seniority accorded since 1978. Petitioners challenged the Act as violativ…
M/S. PUROHIT AND COMPANYversusKHATOONBEE AND ANR.
2017 INSC 1229 February 2017Appeal(s) allowed
The respondents' daughter died in a motor accident on 02‑02‑1977. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Motor Accident Claims Tribunal on 23‑02‑2005, more than 28 years after the accident. The Tribunal entertained the claim, and the High Court upheld it, holding that th…
P. EKNATHversusY. AMARANATHA REDDY @ BABU & ANR.
2017 INSC 12629 February 2017Appeal(s) allowed
The case involves the double murder of a 12‑year‑old girl and her 50‑year‑old father, and attempted murders of two other family members, allegedly committed by Y. Amaranatha Reddy using a sickle. The trial court convicted the accused under Sections 302, 307 and 324 of the Indian Penal Code, relying on eyewitness testim…
ASHARFIversusSTATE OF UTTAR PRADESH
2017 INSC 12058 December 2017Case 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 witness and medical repor…
UNION OF INDIA & ORS.versusBALBIR SINGH TURN & ANR.
2017 INSC 12078 December 2017Disposed 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 that MACP, being part …
UNION OF INDIAversusM/S. SUSAKA PVT. LTD. & ORS.
2017 INSC 12038 December 2017Dismissed
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 Act, 1996, invoking…
AFTARUDDIN (DEAD) REP. THR. LRS.versusRAMKRISHNA DATTA ALIAS BABUL DATTA & ORS.
2017 INSC 12028 December 2017Appeal(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 Reforms Act, 1960 whic…
MANJEET SINGHversusNATIONAL INSURANCE COMPANY LTD. & ANR.
2017 INSC 12068 December 2017Disposed 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, alleging a breach of…
MAHAVIR & ORS.versusUNION OF INDIA & ANR.
2017 INSC 8778 September 2017Dismissed
Petitioners Mahavir and others claimed that compensation for 100 acres of land acquired in the Raisina‑Lutyens zone in 1911‑12 had never been paid and sought relief under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, which deems acquisition p…
HAMDARD INSTITUTE OF MEDICAL SCIENCES B AND RESEARCH (HIMSR) & ANR.versusUNION OF INDIA AND ORS.
2017 INSC 8808 September 2017Disposed off
The Hamdard Institute of Medical Sciences & Research applied for renewal of its permission to admit 100 MBBS students for the 2016‑17 session. The Medical Council of India (MCI) inspection identified deficiencies, notably a significant shortfall in bed occupancy, and recommended debarment of the college for two academi…
CHANDRO DEVI & ETC.versusUNION OF INDIA AND ORS.
2017 INSC 8758 September 2017Dismissed
The petitioners, ex‑servicemen and their families, were allocated shops in defence colonies on leases of 11 months, renewable annually, but a 2007 policy limited lease renewal to a maximum of five years. Their leases were cancelled after exceeding this period and they challenged the non‑renewal, alleging that a draft g…
VIJAY SINGHversusSHANTI DEVI AND ANR.
2017 INSC 8748 September 2017Dismissed
Vijay Singh, a co‑sharer, filed a pre‑emption suit against Shanti Devi after a sale of jointly owned land. An ex‑parte decree was passed in his favour in 1990, but the decree was later set aside on the ground that the defendant had not been properly served. The amendment to Section 15 of the Punjab Pre‑emption Act, 191…
MELMARUVATHUR ADHIPARASAKTHI INSTITUTE OF MEDICAL SCIENCES AND .RESEARCHversusUNION OF INDIA AND ANR.
2017 INSC 8738 September 2017Disposed off
The Melmaruvathur Adhiparasakthi Institute of Medical Sciences challenged the Central Government's order dated 31 May 2017, which barred it from admitting MBBS students for the 2017-18 and 2018-19 sessions and authorised the Medical Council of India (MCI) to encash its Rs.2 crore bank guarantee. The Court noted that th…
SUBHARTI MEDICAL COLLEGEversusUNION OF INDIA AND ORS.
2017 INSC 8798 September 2017Disposed off
Subharti Medical College sought to increase its MBBS intake from 100 to 150 seats for the 2017‑18 session. The Medical Council of India (MCI) inspection flagged several deficiencies, most notably a low bed‑occupancy rate of 55.27%, while the Hearing Committee found no fault with faculty, residents or clinical material …
P. D. GOELversusHIGH COURT OF HIMACHAL PRADESH THROUGH ITS REGISTRAR GENERAL
2017 INSC 7158 August 2017Appeal(s) allowed
P.D. Goel, a District and Sessions Judge of Himachal Pradesh, was issued a notification by the High Court in 2005 stating that he stood retired as of 31 July 2005, i.e., at the age of 58, under the proviso to Rule 14 of the Himachal Pradesh Judicial Service Rules, 2004. He challenged the notification, and a Single Judg…
MAHENDRA SUBHASHBHAI VANKHEDEversusTHE STATE OF GUJARAT ETC.
2017 INSC 7168 August 2017Appeal(s) allowed
The appellant, a 19‑year‑old male, was convicted under Sections 363, 366 and 376 IPC for kidnapping and raping a girl who was under sixteen. The girl had voluntarily left her home and stayed with the appellant for about ten days, and the sexual intercourse was described as consensual. The trial court sentenced him to t…
MONICA KUMAR & ANR.versusSTATE OF U.P. & ORS.
2017 INSC 7138 August 2017Disposed off
Petitioners Monica Kumar and her brother alleged that police officers, acting under the influence of a medical college chairman, assaulted them while they were serving a dasti notice and later harassed them by forcing them to withdraw cases, filing a false FIR and chargesheet. The Supreme Court, after examining multipl…
THE CITIZEN CO-OPERATIVE SOCIETY LIMITED, THROUGH ITS MANAGING DIRECTOR, HYDERABADversusASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE~9(1), HYDERABAD
2017 INSC 7148 August 2017Dismissed
The Citizen Co-operative Society Ltd., a multi‑state cooperative credit society, claimed deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. The Assessing Officer, CIT(A) and ITAT held that the society’s activities amounted to a finance business involving "nominal members" and were not confined to its mem…
GODREJ & BOYCE MANUFACTURING COMPANY LIMITEDversusDY. COMMISSIONER OF INCOME-TAX & ANR.
2017 INSC 4518 May 2017Appeal(s) allowed
Godrej & Boyce Manufacturing Co. Ltd. claimed that interest expenditure incurred to earn dividend income (exempt under s.10(33) because tax is paid by the dividend‑paying company under s.115‑0) could not be disallowed under s.14A of the Income‑Tax Act. The Revenue argued that s.14A barred deduction of any expenditure i…
STATE OF JHARKHAND THROUGH SP, CBIversusLALU PRASAD @ LALU PRASAD Y ADAY
2017 INSC 4528 May 2017Appeal(s) allowed
The State of Jharkhand, represented by the CBI, appealed against the Jharkhand High Court’s order quashing several criminal cases arising from the fodder scam on the ground that the accused had already been convicted in one case, invoking Article 20(2) of the Constitution and Section 300 of the CrPC (double jeopardy). …
THE STATE OF MADHYA PRADESH & ORS.versusSMT. KALLO BAI
2017 INSC 12878 May 2017Dismissed
In State of Madhya Pradesh v. Kallo Bai, the owner of a tractor and trolley used to transport teak without a permit was seized and a confiscation order was made under Section 15 of the Madhya Pradesh Van Upaj (Vyapar Viniyam) Adhiniyam, 1969. The lower courts held that confiscation could not occur until the accused’s g…
EUROTEX INDUSTRIES AND EXPORTS LIMITED & ANR.versusSTATE OF MAHARASHTRA & ANR.
2017 INSC 12858 May 2017Dismissed
The appellants, industrial units that had invested in backward areas of Maharashtra, claimed that a 2009 amendment to the Maharashtra Value Added Tax (MVAT) Act retrospectively altered Section 93, limiting their VAT exemption to a proportion of turnover, thereby violating Articles 14 and 19(1)(g) of the Constitution. T…
MAHARAJI EDUCATIONAL TRUSTversusHOUSING & URBAN DEVELOPMENT CORPORATION LTD. & ORS.
2017 INSC 12888 May 2017Disposed off
Maharaji Educational Trust borrowed Rs.75 crore from HUDCO and mortgaged six properties. It later exchanged 21 acres of one mortgaged property with Avas Parishad and entered into a sale agreement for the entire 63.45 acres (including the exchanged land) with SGS Constructions, which was subject to an interim injunction…
EXCEL CROP CARE LIMITEDversusCOMPETITION COMMISSION OF INDIA AND ANOTHER
2017 INSC 12868 May 2017Disposed off
The Food Corporation of India complained that Excel Crop Care Ltd., United Phosphorous Ltd., and Sandhya Organics Chemicals colluded to submit identical bids for Aluminium Phosphide Tablet (APT) tenders between 2007 and 2011. The Competition Commission of India (CCI) investigated, found a violation of Section 3 of the …
SUMAN SINGHversusSANJAY SINGH
2017 INSC 2158 March 2017
The husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging multiple instances of cruelty by his wife. The alleged incidents were largely isolated, occurred many years before the petition, and were condoned by the parties as they continued to live together and had two children. …
PAWAN @ RAJINDER SINGH AND ANOTHERversusSTATE OF HARYANA
2017 INSC 2168 March 2017Appeal(s) allowed
The appellants, Pawan @ Rajinder Singh and Ajit @ Dara Singh, were convicted of murder under Sections 302 and 34 of the IPC and, for Ajit, of an offence under Section 25 of the Arms Act, based largely on the testimony of two chance witnesses who claimed to have heard an altercation and a gunshot. The Supreme Court exam…
SIGNODE INDIA LIMITEDversusCOMMR.OF CEN. EXCISE & CUSTOMS - II
2017 INSC 2148 March 2017Appeal(s) allowed
Signode India Ltd. performed packaging of goods within the manufacturing unit of its principal manufacturer. The Revenue argued that this constituted "cargo handling service" under Section 65(23) of the Finance Act, 1994 and sought service tax for the period before the 2005 amendment. The appellant contended that its a…
STATE OF HIMACHAL PRADESH AND OTHERSversusSATPAL SAINI
2017 INSC 12608 February 2017Appeal(s) allowed
The Himachal Pradesh High Court directed the State Government to amend Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, within ninety days so that non‑agriculturist Himachalis could purchase agricultural and non‑agricultural land. The State challenged this direction, arguing that it infringed upo…
TARUN TYAGIversusCENTRAL BUREAU OF INVESTIGATION
2017 INSC 12618 February 2017Appeal(s) allowed
Tarun Tyagi was charged with stealing the source code of the 'Quick Recovery' software and selling it through his own company. The CBI seized three hard disks (Q‑2, Q‑9, Q‑20) containing the alleged source code. Tyagi sought copies of these disks under Section 207 of the Code of Criminal Procedure to prepare his defenc…
NARMADA BACHAO ANDOLANversusUNION OF INDIA AND OTHERS
2017 INSC 1188 February 2017Disposed off
The Supreme Court was asked to resolve compensation issues for project‑affected families (PAFs) of the Sardar Sarovar Project in Madhya Pradesh. Of the 4,998 PAFs, 681 families had not received any compensation under the Special Rehabilitation Package, while 1,358 families who had received both installments were later …
COMMISSIONER OF INCOME TAX-I, KOLHAPURversusMIS. CHAPHALKAR BROTHERS PUNE
2017 INSC 11987 December 2017Dismissed
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 Mis. Chaphalkar Brot…
NITYA DHARMANANDA @ K. LENIN & ANRversusSRI GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA AND ANR.
2017 INSC 12017 December 2017Disposed off
The Supreme Court considered an appeal where the accused, charged under IPC 376, sought a summons under CrPC s.91 for investigation material omitted from the charge‑sheet. The trial court dismissed the application, but the High Court allowed it, prompting the appeal. The Court examined whether, at the charge‑framing st…
PRABHU DUTT TIWARIversusTHE STATE OF UTTAR PRADESH & ORS.
2017 INSC 12007 December 2017Appeal(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 documentary material…
UNION OF JNDIA & ORS.versusBENGAL SHRACHI HOUSING DEVELOPMENT LIMITED &ANR.
2017 INSC 10847 November 2017Disposed 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 based on the Service T…
INDIAN OIL CORPORATION LIMITED & ANR.versusKERALA STATE ROAD TRANSPORT CORPGRATION & ORS.
2017 INSC 10867 November 2017Disposed off
The Supreme Court examined writ petitions filed by Indian Oil Corporation and several state road transport corporations challenging the Government of India's decision to cease diesel subsidies for bulk consumers. The petitioners argued that the withdrawal of subsidy was arbitrary, violated Article 14, and would impair …
STATE OF U P THR. ITS SECRETARY & ORSversusMERAJ AHMAD
2017 INSC 8697 September 2017Disposed off
Meraj Ahmad was appointed temporarily as a Livestock Development Assistant in 1983 and was terminated in April 1984 after an FIR under Section 302 IPC was lodged against him. He was acquitted of the murder charge in October 1985 and, in February 1989, voluntarily sought a fresh appointment, expressly undertaking to for…
STATE OF MAHARASHTRAversusAVINASH
2017 INSC 8717 September 2017Appeal(s) allowed
The State of Maharashtra filed a criminal appeal against Avinash, who had been arrested in connection with a fraud involving Rs 2.74 crore. While on bail, Avinash’s bank accounts were attached under Section 102 of the CrPC. He first sought to quash the FIR and have his accounts de‑frozen before a Division Bench, but wi…
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIME BRANCH, MUMBAI, MAHARASHTRAversusSANVLO NAIK & ANR.
2017 INSC 8657 September 2017Appeal(s) allowed
The State, represented by the CBI, appealed against the High Court's acquittal of two police officers, accused No.2 (Inspector) and accused No.5 (Constable), who were convicted for a custodial death under Section 304 Part II read with Section 34 of the IPC. The trial court had rejected the defendants' alibi, noting ser…
BHARGAVI CONSTRUCTIONS & ANR.versusKOTHAKAPU MUTHYAM REDDY & ORS .
2017 INSC 8677 September 2017Appeal(s) allowed
Bhargavi Constructions filed a civil suit for specific performance of a land sale, which was later settled by a written compromise and an award was passed by a Lok Adalat on 22‑08‑2007. The plaintiffs later alleged fraud and misrepresentation in obtaining that award and instituted a suit seeking its declaration as void…
VITHAL RAO & ANR. ETC.versusTHE SPECIAL LAND ACQUISITION OFFICER
2017 INSC 5957 July 2017Case Partly allowed
The State acquired about 30 acres of land in Mudhol village for a rehabilitation centre under the Land Acquisition Act, 1894. The land owners challenged the market value fixed by the Special Land Acquisition Officer and the reference court, claiming a higher rate based on sale deeds of nearby plots. The High Court re‑d…
VIKRAM SINGH @ VICKY WALIA AND ANR.versusSTATE OF PUNJAB AND ANR.
2017 INSC 5947 July 2017Dismissed
The petitioners Vikram Singh, Jasvir Singh and a third accused were convicted under Sections 302, 364A, 201 and 120B of the IPC and sentenced to death, with the death sentence of the female co‑accused later commuted to life imprisonment. They filed review petitions challenging the Supreme Court’s 2010 judgment on groun…
DR. SAURABH DWIVEDI AND ORS.versusUNION OF INDIA AND ORS.
2017 INSC 4737 June 2017Disposed off
The petitioners, doctors who had served in remote areas, challenged a High Court order that limited post‑graduate admissions at Aligarh Muslim University (AMU) and Banaras Hindu University (BHU) to students who completed their MBBS in Uttar Pradesh and restricted the weightage under Regulation 9(iv) of the 2000 MCI reg…
NATIONAL INSURANCE CO. LTD.versusHINDUSTAN SAFETY GLASS WORKS LTD.
2017 INSC 3207 April 2017Dismissed
Hindustan Safety Glass Works Ltd. suffered flood damage in August 1992 and lodged insurance claims of about Rs 52 lakhs under two policies with National Insurance Co. Ltd. The insurer appointed two surveyors, but the surveys took more than two years and the insurer ultimately repudiated the claim in May 2001. The insur…
STATE OF MAHARASHTRAversusNISAR RAMZAN SAYYED
2017 INSC 3217 April 2017Appeal(s) allowed
The State of Maharashtra prosecuted Nisar Ramzan Sayyed for the murder of his pregnant wife and their three‑year‑old son, alleging that he poured kerosene on his wife and set her on fire after demanding Rs.50,000 as dowry. The trial court convicted him under Sections 302 and 498‑A of the IPC and sentenced him to death,…
FARIDABAD COMPLEX ADMINISTRATIONversusM/S IRON MASTER INDIA (P) LTD.
2017 INSC 2047 March 2017Appeal(s) allowed
The municipal corporation (Faridabad Complex Administration) appealed to the Supreme Court against the High Court of Punjab and Haryana's dismissal of its second appeal filed under Section 100 of the Code of Civil Procedure. The corporation sought to overturn a decree that had upheld a suit filed by MIS Iron Master Ind…
HIMANSHU MOHAN RAJversusSTATE OF U.P. AND ANR.
2017 INSC 2087 March 2017Appeal(s) allowed
The case involves the murder of Lalit Mohan Rai, who was shot by the accused Imran Afreen after an altercation at Hotel Shalimar. The trial court convicted the accused under Section 302 IPC, but the High Court acquitted him, questioning the reliability of the eyewitnesses and the timing of the FIR. On appeal, the Supre…
NATIONAL INSURANCE CO. LTD.versusREKHABEN & ORS.
2017 INSC 2097 March 2017Dismissed
The Supreme Court examined two appeals filed by National Insurance Co. Ltd. against judgments that enhanced compensation awarded to the dependents of a deceased employee and an injured employee under the Motor Vehicles Act, 1988. In both cases, the dependents had been given compassionate appointments by the deceased/in…
MOHAN KUMARversusSTATE OF MADHYA PRADESH & ORS.
2017 INSC 2057 March 2017
Mohan Kumar purchased land in 1941 and later the State and municipal authorities constructed temples, latrines and other structures on it. The Collector ordered removal of the encroachments and suggested allotting alternate land, but the valuation of the appellant’s land (Rs 150 per sq m) was lower than that of the pro…
RAVISH AND ANR.versusSMT. R. BHARATHI
2017 INSC 2127 March 2017Appeal(s) allowed
The plaintiff, SMT R. Bharat, claimed ownership of site No.4307 allotted by the Vishwabharathi House Building Co-operative Society and obtained an ex‑parte decree for permanent injunction after the defendants failed to appear. The defendants contended that the disputed property was actually site No.690, which they had …
SECRETARY TO GOVT. COMMERCIAL TAXES AND REGISTRATION DEPARTMENT, SECRETARIAT AND ANR.versusA. SINGAMUTHU
2017 INSC 2107 March 2017Appeal(s) allowed
The respondent, a part‑time Masalchi appointed in 1989, claimed regularisation of his service after completing ten years, relying on Government Order (GO) No. 22 dated 28‑02‑2006 which directed regularisation of full‑time daily‑wage employees. The High Court Single Judge extended the benefit of that GO to the responden…
NATIONAL SECURITIES DEPOSITORY LTD.versusSECURITIES AND EXCHANGE BOARD OF INDIA
2017 INSC 2067 March 2017Disposed off
The Securities and Exchange Board of India (SEBI) issued an administrative circular under Section 11(1) of the SEBI Act to curb dematerialisation charges. National Securities Depository Ltd. (NSDL) challenged the circular, arguing that it could not be appealed before the Securities Appellate Tribunal (SAT) under Sectio…
COMPETITION COMMISSION OF INDIAversusCO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION AND ORS.
2017 INSC 2117 March 2017Appeal(s) allowed
The Competition Commission of India (CCI) investigated complaints that the Eastern India Motion Picture Association (EIMPA) and the Coordination Committee of Artists and Technicians of West Bengal Film and Television Investors threatened television channels to stop telecasting a Bengali‑dubbed version of the serial ‘Ma…
VIJAY KUMAR AHLUWALIA & ORS.versusBISHAN CHAND MAHESHWARI & ANR.
2017 INSC 1147 February 2017Appeal(s) allowed
The appellants, tenants of a shop, challenged an eviction petition filed by the landlord (respondent No.1) under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The landlord claimed ownership through an adoption deed executed 17 years after the death of the original owner and sought eviction on the ground of bona…
MRS. X AND ORS.versusUNION OF INDIA AND ORS.
2017 INSC 1177 February 2017Appeal(s) allowed
Mrs. X, a 22‑year‑old woman, was about 24 weeks pregnant when a medical board diagnosed her fetus with bilateral renal agenesis and anhydramnios, conditions that rendered the fetus non‑viable and posed a risk to the mother's physical and mental health. She filed a writ petition under Article 32 of the Constitution seek…
DURGA PRASADversusNARAYAN RAMCHANDAANI (D) THR. LRS.
2017 INSC 1167 February 2017Dismissed
The suit premises were originally let to the plaintiff's father‑in‑law in 1940; after his death the tenancy passed to his son Baldev, and subsequently to Baldev's wife Lalita. Upon Lalita's death, her brother Durga Prasad claimed to inherit the tenancy and resisted eviction by the landlord. The landlord filed an evicti…
IQBAL & ANR.versusSTATE OF U.P.
2017 INSC 1157 February 2017Dismissed
The case involved six accused, including Iqbal and Virendra, who entered the complainant's house armed with rifles and fired upon the family, resulting in the death of Bhoop Singh and injuries to others. All were convicted under IPC Sections 148, 149, 302 and 307 for forming an unlawful assembly with the common object …
NIDHIversusRAM KRIPAL SHARMA (D) THROUGH LRS.
2017 INSC 1137 February 2017Appeal(s) allowed
The appellant, Nidhi, the owner of a non‑residential building, sought possession of the premises under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to house her ailing grandparents and her younger sister. The Prescribed Auth…
ATMA RAM PROPERTIES PVT. LTD.versusTHE ORIENTAL INSURANCE CO. LTD.
2017 INSC 11966 December 2017Dismissed
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 protection under the Delhi …
NASIRUDDIN & ANR. ETC.versusTHE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS
2017 INSC 11916 December 2017Dismissed
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 High Court upheld the C…
PRATEEK GUPTAversusSHILPY GUPTA & ORS.
2017 INSC 11956 December 2017Appeal(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 mother obtained custody o…
SMT. SYED SUGARA ZAIDIversusLAEEQ AHMAD (DEAD) THROUGH LRS. & ORS.
2017 INSC 11936 December 2017Case 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 tax. The Supreme Court…
THE STATE OF UTTAR PRADESHversusTRIBHUWAN & ORS.
2017 INSC 10786 November 2017Case 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 Allahabad High Court uphe…
SURESH KUMAR THROUGH GPAversusANIL KAKARIA & ORS.
2017 INSC 10776 November 2017Dismissed
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 appellant to file a suit …
BIRBAL CHOUDHARY@ MUKHIYA JEEversusSTATE OF BIHAR
2017 INSC 10126 October 2017Dismissed
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 364A, so the accused ch…
ADIVEPPA & ORSversusBHIMAPPA & ANR.
2017 INSC 8626 September 2017Dismissed
The appellants, nephews of the deceased family head, sued their uncle and aunt seeking a declaration that certain agricultural lands (Schedules B and C) were self‑acquired and a partition of other lands (Schedule D) claimed to be ancestral. The respondents contended that all the lands were ancestral and that an oral pa…
CHAIRMAN AND MANAGING DIRECTOR FCI AND ORS.versusJAGDISH BALARAM BAHIRA AND ORS.
2017 INSC 5916 July 2017Disposed off
The Supreme Court examined a batch of cases where individuals obtained public employment or educational admissions on the basis of caste or tribe certificates that were later invalidated by Scrutiny Committees. The Court held that when a benefit is secured by claiming membership in a reserved category, the invalidation…
ALKA CHANDEWARversusSHAMSHUL ISHRAR KHAN
2017 INSC 5936 July 2017Appeal(s) allowed
The sole arbitrator, on 7 October 2010, issued an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 prohibiting the disposal of any flats without its leave. The respondent transferred five flats on 14 October 2010, breaching that order, and the arbitrator later found the breach and, on 5 May …
S. SUBBULAXMIversusKUMARASAMY & ORS.
2017 INSC 5926 July 2017Dismissed
The case arose from a land dispute between closely related parties in which Subramani was killed during a violent altercation on 15 September 1994. The trial court convicted Kumarasamy and two others under Sections 34, 302 and 506(11) of the Indian Penal Code, but the Madras High Court set aside the conviction and acqu…
DEEPA E.V.versusUNION OF INDIA AND ORS.
2017 INSC 3196 April 2017Dismissed
The appellant, Deepa E.V., an OBC candidate, applied for the post of Laboratory Assistant Grade II in the Export Inspection Council of India, availing age relaxation and interviewing under the OBC category. She secured 82 marks but was not selected, and argued that she should be appointed under the General category sin…
RAM NATH SAO @ RAM NATH SAHU SINCE DECEASED THR. L.RS.& ORS;versusGOBERDHAN SAO SINCE DECEASED THR. LRS. & ORS.
2017 INSC 3156 April 2017Appeal(s) allowed
The Supreme Court heard Civil Appeal No. 1110 of 2006 (Ram Nath Sao @ Ram Nath Sahu v. Goberdhan Sao) concerning the partition of a Hindu Mitakshara joint family property. The dispute centered on the calculation of each member's share after successive deaths, the applicability of Section 3(2) of the Hindu Women’s Right…
DR. SOU JAYSHREE UJWAL INGOLEversusSTATE OF MAHARASHTRA & ANR.
2017 INSC 3176 April 2017Appeal(s) allowed
The deceased, a haemophiliac road‑accident victim, was admitted to Irvin Hospital. On 5 September 1997, after developing abdominal pain, the Emergency Medical Officer called Dr. Jayshree Ingole, the surgeon on call, who examined the patient, ordered a physician to be summoned and then left the hospital at about 11 p.m.…
DEVENDRA NATH SRIVASTAVAversusSTATE OF U.P.
2017 INSC 3166 April 2017Dismissed
Devendra Nath Srivastava was convicted by a trial court for murdering his wife after assaulting her with a brick, resulting in her death by asphyxia due to multiple ante‑mortem injuries. The trial court sentenced him to death under Section 302 IPC. On appeal, the Allahabad High Court set aside the murder conviction, ho…
AJITSLNH ARJUNSLNH GOHLLversusBAR COUNCIL OF GUJARAT AND ANR.
2017 INSC 3186 April 2017Appeal(s) allowed
The appellant, an advocate enrolled with the Bar Council of Gujarat, was subjected to disciplinary proceedings initiated by the State Bar Council after a complaint was filed. The State Bar Council failed to dispose of the complaint within the one‑year period prescribed under the Advocates Act, 1961, and consequently th…
MRS. A. KANTHAMANIversusMRS. NASREEN AHMED
2017 INSC 2026 March 2017Dismissed
The appellant, owner of a Chennai property, entered into a sale agreement with the respondent on 5 March 1989, received more than 50% of the purchase price and promised to execute the sale deed by 31 December 1989. The appellant later refused to execute the deed, prompting the respondent to file a suit for specific per…
MANIK CHAND JAINversusMD. AHIYA
2017 INSC 12716 March 2017Dismissed
The appellant, a tenant since 1965, entered into an agreement on 01‑08‑1988 to pay Rs 1,00,000 as advance for the construction of an RCC shop, with rent fixed at Rs 2,400 per month, of which 50% was to be adjusted against the advance and the remaining Rs 1,200 payable in cash. He took possession of the shop in April 19…
BEHRAM TEJANI & ORS.versusAZEEM JAGANI
2017 INSC 306 January 2017Appeal(s) allowed
The plaintiff, along with his maternal grandmother, occupied the first floor of a building that, according to a 1991 will, was bequeathed by the deceased to his four brothers (the defendants). The plaintiff sought a permanent and interim injunction to prevent the defendants from dispossessing him and his grandmother, d…
THE STATE OF TELANGANAversusHABIB ABDULLAH JEELANI & ORS.
2017 INSC 326 January 2017Appeal(s) allowed
The State of Telangana filed a criminal appeal against a Hyderabad High Court order that, while refusing to quash FIR No. 205/2014 (offences under IPC sections 147, 148, 149 and 307), directed the police not to arrest the three accused. The Supreme Court held that such a direction amounts to an order under Section 438 …
MD. SAJJAD @ RAJU @ SALIMversusSTATE OF WEST BENGAL
2017 INSC 296 January 2017Appeal(s) allowed
The appellant, Md. Sajjad, was convicted under Sections 302 and 34 of the Indian Penal Code for the murder of Ramchandra Singh, based primarily on the testimony of three eyewitnesses and the suspicion of the victim's widow. The eyewitnesses identified the accused in a test identification parade held more than two month…
SRI GANESHversusSTATE OF TAMIL NADU AND ANR.
2017 INSC 346 January 2017Appeal(s) allowed
The appellant was accused of having sexual intercourse with the complainant on five to six occasions, allegedly on a false promise of marriage, the last of which occurred in August 2009. The trial court, relying on documentary evidence, held that the appellant was born on 19 October 1991 and was therefore a juvenile at…
AJAY SINGH AND ANR. AND ETC.versusSTATE OF CHHATTISGARH AND ANR.
2017 INSC 356 January 2017Dismissed
The trial judge in two dowry‑death cases recorded the acquittal of the accused in the order sheet but did not pronounce a judgment in open court, nor was any typed judgment signed or dated. A complaint led the High Court to investigate and find that no judgment existed on record, resulting in the judge's suspension and…
SUTLEJ CONSTRUCTIONversusUNION TERRITORY OF CHANDIGARH
2017 INSC 11735 December 2017Appeal(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 the appellant, rejec…
DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 11 (I) BANGALOREversusM/S. ACE MULTI AXES SYSTEMS LTD.
2017 INSC 11725 December 2017Appeal(s) allowed
The assessee, ACE Multi Axes Systems Ltd., claimed a deduction under Section 80IB(3) of the Income Tax Act for ten consecutive assessment years, asserting it qualified as a small‑scale industrial undertaking in the initial year. The Revenue disallowed the deduction for the assessment year 2005‑06 onward because the val…
BALWANT VITHAL KADAMversusSUNIL BABURAOI KADAM
2017 INSC 11705 December 2017Dismissed
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 appealed, arguing that the a…
REVANASIDDAYYAversusGANGAMMA @ SHASHIKALA & ANR.
2017 INSC 11715 December 2017Disposed 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 but denied possessi…
RUPAJAN BEGUMversusUNION OF INDIA & ORS.
2017 INSC 11795 December 2017Case 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 (NRC) under Section…
BANK OF INDIAversusYADAV CONSULTANCY SERVICES (P) LTD. AND ANR.
2017 INSC 11765 December 2017Appeal(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 security charges, which …
KAMALAKHYA DEY PURKAYASTHA AND ORS.versusUNION OF INDIA AND ORS .
2017 INSC 11845 December 2017Disposed 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 persons should be id…
B. SUNITHAversusTHE STATE OF TELENGANA & ANR.
2017 INSC 11755 December 2017Disposed 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 Instruments Act. The appellan…
DHARMABIRI RANAversusPRAMOD KUMAR SHARMA (D) THR. LRS. & ANR.
2017 INSC 10055 October 2017Dismissed
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 existence of the po…