NAGPUR IMPROVEMENT TRUSTversusSHEELA RAMCHANDRA TIKHE
2018 INSC 102831 October 2018Appeal(s) allowed
The Nagpur Improvement Trust (NIT) acquired 44.61 acres of land from Sheela Ramchandra Tikhe for a drainage scheme and, under a 1968 board resolution, offered to re‑allot the land on lease. Tikhe applied for the entire parcel in 1975; after negotiations, NIT allotted only 24 acres in 1982 and retained the remaining 20.…
KAMILversusSTATE OF UTTAR PRADESH
2018 INSC 102731 October 2018Dismissed
The appellant Kamil was convicted of murder under Section 302 read with Section 34 of the IPC. He contended that the charge under Section 302 was not formally framed, rendering the conviction invalid. The Supreme Court examined Section 464 of the CrPC, which states that a conviction is not void for omission or error in…
REENA HAZARIKAversusSTATE OF ASSAM
2018 INSC 102931 October 2018Leave Granted & Allowed
The appellant, Reena Hazarika, was convicted under Section 302 IPC for allegedly killing her husband, based largely on circumstantial evidence and the "last seen" theory. On appeal, the Supreme Court examined whether the prosecution had established a continuous chain of circumstances that left no reasonable hypothesis …
AMBADAS LAXMAN SHINDE AND ORS.versusTHE STATE OF MAHARASHTRA
2018 INSC 102331 October 2018Appeal(s) allowed
Six accused were convicted for murder and related offences; three (1,2,4) received death sentences while the other three (3,5,6) were sentenced to life imprisonment. The State appealed for enhancement of the sentences of 3,5,6, and the Supreme Court bench dismissed the appeals of 1,2,4 and imposed death on 3,5,6. Revie…
JANGIR SINGHversusTHE STATE OF PUNJAB
2018 INSC 102531 October 2018Disposed off
Jangir Singh shot dead his colleague Jaswant Singh after a 15‑minute altercation during which the deceased pointed a rifle at him. The trial court acquitted Singh on the ground of private defence, but the High Court convicted him under Section 302 IPC and Section 27 of the Arms Act. On appeal, the Supreme Court examine…
PRIYA PRAKASH VARRIER AND OTHERSversusSTATE OF TELANGANA AND ANOTHER
2018 INSC 77331 August 2018Appeal(s) allowed
The petitioners, who were the actor, producer and director of the film "Oru Adaar Love", sought to quash FIR No.34 of 2018 filed under Section 295A IPC alleging that the picturisation of the song "Manikya Malaraya Poovi" offended Muslim sentiments. They argued that the song is a traditional Mappila folk song in the pub…
NATIONAL INSURANCE CO. LTD.versusASHALATA BHOWMIK AND ORS.
2018 INSC 77631 August 2018Appeal(s) allowed
The deceased, Dilip Bhowmik, was the owner‑cum‑driver of his vehicle and died in an accident caused by his own rash and negligent driving, with no other vehicle involved. His legal representatives filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation, and the Motor Accidents Clai…
ANIL KUMARversusBRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.
2018 INSC 77531 August 2018Appeal(s) allowed
The appellant, a 25‑year‑old cleaner, was struck by a lorry and suffered fractures of both pelvic bones, urethral rupture, abdominal injuries and a 25% partial permanent disability, losing his job and incurring substantial medical expenses. He claimed compensation under Section 173 of the Motor Vehicles Act, 1988 and t…
KAILASH SINGHversusTHE MANAGING COMMITTEE, MAYO COLLEGE, AJMER & ORS.
2018 INSC 77431 August 2018Appeal(s) allowed
The case concerned the dismissal of two employees, Kailash Singh and Jeffry Jobard, from the unaided Mayo College, Ajmer. The Board of Governors terminated their services by a unanimous resolution without obtaining the Director of Education’s written consent, as required by Section 18 of the Rajasthan Non‑Government Ed…
SREENIVASA COOPERATIVE BUILDING SOCIETYversusPUVVADA RAMA (DEAD) BY LRS. AND ORS.
2018 INSC 65131 July 2018Dismissed
Lakshmi Sreenivasa Cooperative Building Society filed suits for specific performance of alleged sale agreements of land against Puvvada Rama (deceased) and others. The trial court dismissed the suits, finding the Society failed to prove execution of the agreements, payment of earnest money, and possession, noting the a…
SURINDER KUMAR KHANNAversusINTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE
2018 INSC 65831 July 2018Appeal(s) allowed
The appellant Surinder Kumar Khanna was convicted under Sections 21(c) and 29 of the NDPS Act on the basis of statements made by co‑accused Raj Kumar and Surinder Pal Singh, who named him as a participant in a heroin trafficking operation. The High Court upheld the conviction despite the lack of any direct material lin…
T.P. MURUGAN (DEAD) THR. LRS.versusBOJAN
2018 INSC 65531 July 2018Appeal(s) allowed
The appellants, former directors of Maanihada Tea Produce Company, invested capital and later resigned, demanding repayment of their shares. The respondent issued a promissory note and two cheques on 7 August 2002 to discharge the alleged liability, but later stopped payment, leading to complaints under Section 138 of …
RANI & ORS.versusNATIONAL INSURANCE COMPANY LTD. & ORS.
2018 INSC 65231 July 2018Case Partly allowed
The case arose from a motor accident in 2009 where a lorry collided with a motorcycle, killing the rider Satish and injuring his pillion rider Anand. Separate claims were filed under s.166 of the Motor Vehicles Act, 1988 for compensation to Satish's legal representatives and to Anand, and the Motor Accident Claims Trib…
UNION OF INDIA AND ANR.versusSUNIL TRIPATHI ETC. ETC.
2018 INSC 65331 July 2018Disposed off
The Supreme Court examined appeals by the Union of India and the Central Bureau of Investigation (CBI) against a Delhi High Court order that directed the CBI to convert three preliminary enquiries into FIRs/RCs and to complete the investigation. The CBI argued that its preliminary enquiries concluded there was no invol…
RAMBEER SHOKEENversusSTATE OF NCT OF DELHI
2018 INSC 7631 January 2018Dismissed
Rambeer Shokeen was arrested on 1 December 2016 in connection with offences under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) and the Arms Act. The prosecution filed an application on 28 February 2017 for an extension of time to file the charge‑sheet, which was pending when the appellant filed a statut…
COMMISSIONER OF INCOME TAX 5 MUMBAIversusM/S. ESSAR TELEHOLDINGS LTD. THROUGH ITS MANAGER
2018 INSC 7931 January 2018Dismissed
The Commissioner of Income Tax (Mumbai) appealed against the Bombay High Court's dismissal of its challenge to the applicability of Rule 8D, which provides a method for computing expenditure under Section 14A of the Income Tax Act. The issue was whether Rule 8D, introduced by the Income‑Tax (Fifth Amendment) Rules, 200…
UNION OF INDIAversusJAROOPARAM
2018 INSC 7831 January 2018Dismissed
The State alleged that Jarooparam was found in possession of 7.2 kg of opium, from which two 30‑gram samples were taken and the remainder was supposedly destroyed under Section 52A of the NDPS Act. The trial court convicted him, but the High Court acquitted, holding that the bulk seized material was never disposed of b…
ASHISH KUMARversusTHE STATE OF UTTAR PRADESH & ORS.
2018 INSC 8131 January 2018Appeal(s) allowed
Ashish Kumar applied for the post of Psychologist in the Uttar Pradesh Social Welfare Department, cleared the written exam and was placed on the merit list, but was denied appointment because he lacked the training qualification L.T./B.T./B.Ed. The High Court held that the advertisement required both a Psychology degre…
NHPC LIMITEDversusM/S PATEL ENGINEERING LIMITED
2018 INSC 112430 November 2018Disposed off
NHPC Ltd appealed against a Punjab and Haryana High Court order that, under Section 9 of the Arbitration and Conciliation Act, 1996, required it to release the amount awarded to M/s Patel Engineering Ltd, subject to a bank guarantee. The appellant contended that the High Court had acted beyond its jurisdiction because …
ALEEMUDDINversusSTATE OF UTTAR PRADESH AND OTHERS
2018 INSC 112630 November 2018Disposed off
A fifth respondent filed a petition in the Allahabad High Court claiming public interest, seeking a direction that the State Government construct a new Tehsil building at Village Karanpur Mafi, a site adjoining his own land. The High Court, relying on the State's financial sanction, ordered the State to take all steps …
STATE REP. BY THE DRUGS INSPECTORversusMANIMARAN
2018 INSC 112230 November 2018Leave Granted & Allowed
The respondent, Manimaran, operated a medical shop without a valid drug licence and was charged under Sections 18(c), 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940. The trial court and the first appellate court convicted him, imposing a one‑year rigorous imprisonment and a fine of Rs.5,000, but the Madras High …
THE STATE OF BIHAR AND ORS.versusKIRTI NARAYAN PRASAD
2018 INSC 112330 November 2018Disposed off
The petitioners, who had been appointed to Class III/IV posts in Bihar's health department by the Civil Surgeon‑cum‑Chief Medical Officer, challenged their termination and sought regularisation of their service. The State Government, after discovering that many such appointments were made on forged documents and withou…
J. S. LUTHRA ACADEMY & ANOTHERversusSTATE OF JAMMU AND KASHMIR & OTHERS
2018 INSC 101830 October 2018Appeal(s) allowed
The J.S. Luthra Academy, a private educational institution, was evicted from a Wakf‑owned site and sought alternative land from the Jammu & Kashmir government, which allotted four kanals in Channi Himmat, charging full price for two kanals and granting the other two for free. Residents challenged the allotment, arguing…
SUSHILA N. RUNGTA (D) LRS.versusTHE TAX RECOVERY OFFICER-16(2) AND ORS.
2018 INSC 102030 October 2018Appeal(s) allowed
The petitioners challenged a show‑cause notice issued under the Gold Control Rules, arguing that it should not survive the repeal of the Gold (Control) Act, 1968 by the Gold (Control) Repeal Act, 1990. The central issue was whether a repeal simpliciter without an explicit saving clause automatically invokes Section 6 o…
MANAGEMENT, HINDUSTAN MACHINE TOOLS LTDversusGHANSHYAM SHARMA
2018 INSC 101630 October 2018Case Partly allowed
The respondent, Ghanshyam Sharma, worked as a casual helper for Management, Hindustan Machine Tools Ltd. from 10 June 1976 to 30 July 1977 and was terminated by an oral order on 31 July 1977. The termination gave rise to an industrial dispute that was referred to the Labour Court, which awarded reinstatement with conti…
STATE OF KERALAversusRASHEED
2018 INSC 102130 October 2018Appeal(s) allowed
The State of Kerala prosecuted eight accused, including Rasheed, for the murder of Satheesan. During trial, the defence counsel for accused No.2 sought to defer the cross‑examination of five prosecution witnesses under Section 231(2) of the Cr.P.C., arguing that it would reveal its strategy. The trial court dismissed t…
STAR INDIA PRIVATE LIMITEDversusDEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION & ORS.
2018 INSC 102230 October 2018Dismissed
Star India Private Limited challenged the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the accompanying Tariff Order, alleging that TRAI had overstepped its jurisdiction by regulating the content, pricing and packaging of TV channels, which they argued …
STATE OF MIZORAMversusDR. C. SANGNGHINA
2018 INSC 101930 October 2018Leave Granted & Allowed
The State of Mizoram filed a case under the Prevention of Corruption Act, 1988 alleging that Dr. C. Sangnghina had misappropriated public funds. The Special Court discharged him in 2013 because the prosecution sanction was issued by an authority not competent to grant it. The Governor later issued a valid sanction in D…
STATE (GOVT. OF NCT OF DELHI)versusPANKAJ CHAUDHARY AND ORS.
2018 INSC 101730 October 2018Disposed off
The State prosecuted Pankaj Chaudhary and three others for gang‑rape of a woman on 28 July 1997. The trial court convicted them under Section 376(2)(g) IPC based on the victim’s testimony, corroborated by her mother’s evidence, medical examination, and forensic DNA findings. The Delhi High Court set aside the convictio…
BIR SINGHversusDELHI JAL BOARD & ORS.
2018 INSC 76630 August 2018Reference answered
The Supreme Court examined whether the Presidential Orders under Articles 341 and 342, which list Scheduled Castes (SC) and Scheduled Tribes (ST) for each State or Union Territory (UT), limit a State or UT's power under Article 16(4) to provide reservation for backward classes. It held that reservation must be confined…
THE STATE OF UTTAR PRADESHversusRAJA ETC.
2018 INSC 77130 August 2018Dismissed
The State of Uttar Pradesh appealed against the acquittal of three accused in a murder case where the victim, Shabu, was shot dead and his brother Riyazuddin injured. The trial court had convicted the accused under IPC s.302 read with s.34 based on the testimony of Imamuddin, a lawyer and brother of the victim, who cla…
THE STATE OF BIHAR & ORS.versusBIHAR RAJYA BHUMI VIKAS BANK SAMITI
2018 INSC 64830 July 2018Appeal(s) allowed
The appeal arose from a Section 34 petition challenging an arbitral award where the filing party had not issued the prior notice or filed the required affidavit under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Patna High Court had held the provision mandatory and dismissed the petition, but the Su…
RUBY TOUR SERVICES PVT. LTD.versusUNION OF INDIA
2018 INSC 64930 July 2018Disposed off
Three private tour operators (PTOs) applied for registration under the Haj Policy 2018 but were rejected by the Ministry of Minority Affairs on grounds of non‑compliance with specific clauses relating to turnover, lease‑deed/rental receipts and Munazzim‑card/visa documentation. The petitioners sought mandamus for regis…
COMMISSIONER OF CUSTOMS (IMPORT), MUMBAIversusM/S. DILIP KUMAR AND COMPANY & ORS.
2018 INSC 64630 July 2018Reference answered
The case concerned the interpretation of Customs Notification No. 20/1999, under which the respondents claimed a concessional customs duty rate for imported vitamin E50 feed powder. The Customs department denied the benefit, classifying the goods under a higher duty heading, leading to a series of appeals up to the Sup…
AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHERversusMATHEW K. C.
2018 INSC 7130 January 2018Appeal(s) allowed
The appellant bank sought to set aside an interim order of the Kerala High Court that stayed proceedings under Section 13(4) of the SARFAESI Act after the borrower, Mathew K.C., filed a writ petition under Article 226 seeking regularisation of his loan. The Supreme Court examined whether the writ petition was maintaina…
THE MUNICIPAL COUNCIL, RAGHOGARH & ANR.versusNATIONAL FERTILIZER LTD. & ORS.
2018 INSC 6930 January 2018Dismissed
The Municipal Council of Raghogarh demanded external development charges of Rs.5 per square metre from National Fertilizers Ltd. and Gas Authority of India Ltd. for colonies they had constructed on forest land within the municipal limits. The respondents, both public sector undertakings, argued that they are not coloni…
LATESH @ DADU BABURAO KARLEKARversusTHE STATE OF MAHARASHTRA
2018 INSC 7030 January 2018Disposed off
On December 10, 2006, six accused assaulted Vitthal Hingane and his brother Jagdish, resulting in Jagdish's death. The trial court and High Court convicted all six under sections 302 and 307 IPC, among other charges. On appeal, the Supreme Court examined whether the prosecution proved the guilt of each accused beyond r…
SHAFHI MOHAMMADversusTHE STATE OF HIMACHAL PRADESH
2018 INSC 7530 January 2018
The Supreme Court examined the admissibility of electronic evidence, particularly videography of crime scenes, in the petition Shafhi Mohammad v. State of Himachal Pradesh. It considered whether a certificate under Section 65B(4) of the Evidence Act is mandatory when the party producing the electronic record does not c…
MEDICAL COUNCIL OF INDIAversusTHE CHAIRMAN, S. R. EDUCATIONAL AND CHARITABLE TRUST & ANR.
2018 INSC 101429 October 2018Appeal(s) allowed
The Medical Council of India (MCI) appealed against a Kerala High Court order that quashed the Government of India's decision to deny renewal of permission and admission to several medical colleges on the ground of gross deficiencies. The Supreme Court examined whether the Hearing Committee’s recommendation to review c…
KALPANA VYASversusRAJ KUMAR RANGWANI
2018 INSC 101229 October 2018Leave Granted & Allowed
The appellant, a landlady, sought eviction of her tenant under Section 9 of the Rajasthan Rent Control Act, claiming a bona‑fide need to use the premises for construction for her children and guests. The Rent Tribunal dismissed the petition, holding the landlady could meet her need elsewhere, but the Rent Appellate Tri…
S. MAHESHversusTHE CHAIRMAN CUM MANAGING DIRECTOR, NEYVELI LIGNITE CORPORATION LTD. NEYVELI TAMIL NADU & ORS.
2018 INSC 101529 October 2018Leave Granted & Allowed
S. Mahesh, a Scheduled Caste candidate, was appointed by Neyveli Lignite Corporation Ltd. (NLC) but could not produce his original caste certificate. He informed the corporation and asked to be treated as a general‑category candidate; the corporation accepted, allowed him to join service and later promoted him. Years l…
LT. GEN. MANOMOY GANGULY, VSMversusUNION OF INDIA AND OTHERS
2018 INSC 101329 October 2018Appeal(s) allowed
Lt. Gen. Manomoy Ganguly, after being promoted to Lieutenant General, sought appointment as Director General Medical Services (DGMS, Army). Although senior to other candidates, the Director General Armed Forces Medical Services recommended another officer, and later the Raksha Mantri appointed Air Marshal Rajvir Singh,…
THE JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY REGISTRARversusSANGAM LAXMI BAI VIDYAPEET & ORS.
2018 INSC 101129 October 2018Appeal(s) allowed
The appellant Jawaharlal Nehru Technological University declined a No Objection Certificate (NOC) to Sangam Laxmi Bai Vidyapeeth’s request to start a D.Pharmacy course, citing the State Government’s policy and a survey under Section 20 of the Telangana Education Act, 1982 showing an oversupply of pharmacy colleges in H…
M/S. CARAVEL SHIPPING SERVICES PVT. LTD.versusM/S. PREMIER SEA FOODS EXIM PVT. LTD.
2018 INSC 100829 October 2018Leave Granted & Allowed
The dispute arose from a multimodal transport Bill of Lading in which the respondent, Premier Sea Foods, filed a suit in Kochi to recover a sum, relying on the Bill of Lading as part of its cause of action. The appellant, Caravel Shipping Services, filed an application under Section 8 of the Arbitration and Conciliatio…
THE STATE OF BIHAR AND ORS.versusBALIRAM SINGH & ORS.
2018 INSC 101029 October 2018Appeal(s) allowed
The respondents, former Adult Education Supervisors, were terminated when the Non‑Formal Education Scheme was abolished on 1 April 2001 and later re‑appointed in 2007 under a fresh appointment that recognised only pension benefits for prior service. They filed a writ petition in 2013 seeking back‑wages for the period 1…
STATE OF MADHYA PRADESHversusPREETAM
2018 INSC 75729 August 2018Appeal(s) allowed
The State of Madhya Pradesh appealed the acquittal of the accused in a rape case involving a 12‑year‑old girl. The trial court had convicted the accused under Section 376 IPC based on the victim's testimony, medical evidence of a torn hymen, and an eyewitness who saw the accused fleeing. The High Court reversed the con…
STATE OF UTTAR PRADESHversusANIL KUMAR @ BADKA & ORS.
2018 INSC 76029 August 2018Appeal(s) allowed
The State of Uttar Pradesh appealed the acquittal of Anil Kumar @ Badka and others for offences under IPC sections 363, 366, 376 and 120B. The trial court had acquitted the accused, prompting the State to file an application for leave to appeal under CrPC s.378(3). The Allahabad High Court rejected the application with…
KRISHAN KUMAR MADAN AND ORS.versusASHOK KUMAR AND ORS.
2018 INSC 75929 August 2018Appeal(s) allowed
The appellants were selected for the post of Personal Assistant by the Uttar Pradesh Public Service Commission on 3 March 2000, before the reorganisation of Uttar Pradesh into Uttar Pradesh and Uttaranchal (now Uttarakhand) on 9 November 2000. After the reorganisation they exercised the option to serve Uttarakhand and …
M/S NEERJA REALTORS PVT LTDversusJANGLU (DEAD) THR. LR.
2018 INSC 6729 January 2018Dismissed
M/s Neerja Realtors Pvt Ltd sued the deceased Janglu for specific performance of a land sale agreement. The trial court issued summons, but the bailiff reported that the defendant had vacated the premises and the summons were returned unserved. An application for substituted service under Order V Rule 20 was filed and …
SUNKARA LAKSHMINARASAMMA (D) BY LRS.versusSAGI SUBBA RAJU & OTHERS ETC.
2018 INSC 111328 November 2018Dismissed
The appellants, Sunkara Lakshminarasamma (deceased) by legal representatives, challenged three lower court decisions that upheld two wills (Exhibit B4 and B106) making Veeraswamy the absolute owner of Schedule A and B properties and ordered specific performance of a sale agreement. The trial, appellate and High Court c…
NARAYAN MALHARI THORATversusVINAYAK DEORAO BHAGAT AND ANR.
2018 INSC 111728 November 2018Leave Granted & Allowed
The appellant's son and daughter‑in‑law were teachers at a school where the first respondent, Vinayak Bhagat, repeatedly called and harassed the daughter‑in‑law. Despite the son’s attempts to stop the calls, an altercation occurred and the son later committed suicide, leaving a note blaming the respondent. An FIR under…
UNION OF INDIAversusNARESHKUMAR BADRIKUMAR JAGAD & ORS.
2018 INSC 111428 November 2018Disposed off
The original lease of a 99‑year term on a plot in Mumbai, used for a cotton mill, later vested in a charitable trust. After the lease expired, Podar Mills occupied the premises as a protected tenant under the Bombay Rents Act. The Textile Undertakings (Nationalisation) Act, 1995 vested the statutory tenancy rights in t…
CHHANNU LAL VERMAversusTHE STATE OF CHHATTISGARH
2018 INSC 111228 November 2018Case Partly allowed
Chhanun Lal Verma was convicted of murdering three persons and attempting to murder others, and was sentenced to death and life imprisonment by the Sessions Court, a decision affirmed by the High Court. On appeal, the Supreme Court held that the High Court failed to apply the "rarest of rare" doctrine correctly, as the…
THE STATE OF HIMACHAL PRADESHversusMANGA SINGH
2018 INSC 112028 November 2018Leave granted
The State of Himachal Pradesh prosecuted Manga Singh for raping his nine‑year‑old cousin who was staying at her aunt's house. The child testified that the accused forced her to sleep with him and inserted his private part into hers, a claim she reported to school teachers who lodged an FIR. The trial court convicted th…
ROMILA THAPAR AND ORS.versusUNION OF INDIA AND ORS.
2018 INSC 91228 September 2018Disposed off
Five eminent citizens filed a writ petition under Article 32 on behalf of five human‑rights activists arrested in connection with the Bhima‑Koregaon violence. The petitioners alleged that the arrests were fabricated, that the police were using the media to prejudice public opinion, and sought a Special Investigating Te…
HEMUDAN NANBHA GADHVIversusSTATE OF GUJARAT
2018 INSC 90928 September 2018Dismissed
The appellant was convicted under IPC s.376(2)(f) for sexually assaulting a nine‑year‑old girl. The victim initially identified the appellant in a test identification parade (TIP) but later turned hostile and refused dock identification. The High Court upheld the conviction on the basis of the FIR, medical report, seme…
INDIAN YOUNG LAWYERS ASSN.versusSTATE OF KERALA 561 INDIAN YOUNG LAWYERS ASSOCIATION & ORS.V. THE STATE OF KERALA & ORS.
2017 INSC 104028 September 2018Appeal(s) allowed
The Supreme Court of India, by a 4:1 majority, struck down the practice of excluding women aged 10 to 50 from the Sabarimala temple in Kerala. The Court held that the devotees of Lord Ayyappa do not constitute a separate religious denomination under Article 26 of the Constitution. The exclusionary practice was found no…
MENOKA MALIK AND OTHERSversusTHE STATE OF WEST BENGAL AND OTHERS
2018 INSC 75128 August 2018Appeal(s) allowed
The case arose from a violent clash between CPI(M) and IPF workers in Karanda village, West Bengal, where a mob set fire to houses, assaulted occupants and caused five deaths and twenty‑four serious injuries. The trial court acquitted all 82 accused, relying on alleged inconsistencies in eyewitness testimony, a stamped…
MAR KOORILOS (DEAD) AND ANR. ETC.versusM. PAPPY (DEAD) AND ANOTHER ETC.
2018 INSC 75028 August 2018Appeal(s) allowed
The appellants, the Metropolitan of Quilon Diocese and a Vicar appointed by him, sued the parishioners of St. Mary's Church, Kattachira, seeking a declaration that they alone have the right to conduct religious services and manage the church and its cemetery, based on an assignment‑cum‑gift deed (Ext‑A3). The trial cou…
KRISHAN KUMARversusTHE STATE OF RAJASTHAN & ANR.
2018 INSC 75628 August 2018Disposed off
The Supreme Court heard an appeal by Krishan Kumar challenging a High Court order that set aside his acquittal and remitted the case for a de novo trial on the ground that the prosecutrix had not been examined before the trial court. The appellant contended that the High Court decided the matter while hearing a bail ap…
ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR.V. CENTRAL BUREAU OF INVESTIGATIONversusCENTRAL BUREAU OF INVESTIGATION
2018 INSC 28228 March 2018Directions issued
The petitioners, Asian Resurfacing of Road Agency and others, challenged the order of charge framed by a Special Judge under the Prevention of Corruption Act, 1988, alleging that it was an interlocutory order barred by Section 19(3)(c) of the Act and by Section 397(2) of the CrPC. The Supreme Court examined whether suc…
HARITA SUNIL PARABversusSTATE OF NCT OF DELHI AND OTHERS
2018 INSC 29028 March 2018Dismissed
Harita Sunil Parab, a practising advocate in Mumbai, filed FIRs in Delhi and Ghaziabad alleging offences under various IPC sections and later sought to have those cases transferred to Mumbai, claiming threats from the accused, fear of a biased investigation and personal inconvenience. The Supreme Court examined whether…
KRISHANAKANT TAMRAKARversusTHE STATE OF MADHYA PRADESH
2018 INSC 28828 March 2018Disposed off
Krishanakant Tamrakar, convicted of murder and sentenced to life imprisonment, had been in custody for over ten years while his appeal against the conviction was pending before the Madhya Pradesh High Court. He applied for bail, arguing that the prolonged delay rendered the appeal meaningless. The Supreme Court, while…
SHIVAWWA AND ANRversusTHE BRANCH MANAGER, NATIONAL INDIA INSURANCE CO. LTD. AND ANR.
2018 INSC 28528 March 2018Appeal(s) allowed
The deceased, Chanabasayya, was killed when he fell from a tractor‑trailer owned by respondent No.2 while returning from unloading maize at Holealur. His father filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation from the insurer (respondent No.1), the vehicle owner (respondent No.2) an…
DR. PANKAJ KUMUDCHANDRA PHADNISversusUNION OF INDIA MINISTRY OF LAW AND JUSTICE
2018 INSC 28728 March 2018Dismissed
Mahatma Gandhi was assassinated in 1948 and nine individuals were tried, resulting in convictions of seven and acquittals of two; the High Court later upheld five convictions. In 2016, Dr. Pankaj Kumudchandra Phadnis filed a writ petition seeking to reopen the case, questioning the existence of a fourth bullet and requ…
P. MEENAKSHISUNDARAMversusP. VIJAYAKUMAR & ANR.
2018 INSC 28928 March 2018Appeal(s) allowed
The appellant had mortgaged a marriage hall property and later entered into a sale agreement with respondent No.1, who paid part of the consideration. Disputes arose over the existence of the mortgage and the performance of the contract, leading respondent No.1 to sue for specific performance. The trial court ordered s…
MUNICIPAL CORPORATION, UJJAIN & ANR.versusBVG INDIA LIMITED AND ORS.
2018 INSC 26828 March 2018Disposed off
The Supreme Court delivered a judgment on 27 March 2018 in Municipal Corporation, Ujjain & Anr. v. BVG India Ltd. & Ors., allowing Civil Appeals Nos. 3330 and 3331 and dismissing Appeal No. 3332. After the judgment was reported, counsel for the appellant pointed out a typographic omission: the dismissal of Appeal 3332 …
MOHINDER SINGH (DEAD) THROUGH LRS.versusPARAMJIT SINGH & ORS.
2018 INSC 28328 March 2018Appeal(s) allowed
The case concerned a suit for possession of ancestral land that had been alienated by a gift deed. The original plaintiff, Mohinder Singh, obtained a declaratory decree in 1963 based on a compromise, but the decree was conditional on the death of the donor, Ujjagar Singh, which occurred in 1971. The decree sheet was fi…
HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRAR GENERALversusTHE STATE OF UTTAR PRADESH & ORS.
2018 INSC 29128 March 2018Disposed off
The dispute concerned seniority of Uttar Pradesh Higher Judicial Service officers appointed as promotees (2008‑2009) and direct recruits (2007‑2009) after the Rules were amended in 2007 to introduce a suitability test and a quota‑rota system. Promotees argued that they should enjoy seniority from the date vacancies aro…
BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITYversusBIRLA SUPER BULK TERMINAL (NOW A UNIT OF ULTRA TECH CEMENT LTD.) AND ORS.
2018 INSC 110427 November 2018Appeal(s) allowed
The Bangalore International Airport Area Planning Authority (the appellant) sought betterment, road and other charges under the Karnataka Town and Country Planning (KTCP) Act, 1961 from Birla Super Bulk Terminal (the respondent) for a cement terminal built on land allotted by the Karnataka Industrial Areas Development …
PALANIversusSTATE OF TAMIL NADU
2018 INSC 110527 November 2018Dismissed
The appellant Palani was convicted for the murder of his nephew Sankar under Sections 148, 435 r/w 149 and 302 r/w 149 of the IPC. The prosecution's case rested on the testimony of the victim's mother (PW‑1), who identified the accused and described the assault, and was corroborated by medical evidence and recovered we…
CCI PROJECTS (P) LTD.versusVRAJENDRA JOGJIVANDAS THAKKAR
2018 INSC 110827 November 2018Disposed off
Two consumers who had booked residential flats in 2012 filed complaints under the Consumer Protection Act, 1986, seeking possession and compensation for delay, as the developer failed to deliver possession by the contractual deadline of August 2014. The developer argued that a mandatory re‑submission of plans for fire‑…
ALOK KUMAR SINGH & OTHERSversusSTATE OF U.P. & OTHERS
2018 INSC 110727 November 2018Directions issued
The Supreme Court examined the selection process for 4,010 Sub‑Inspector and Platoon Commander posts in Uttar Pradesh, which had been marred by multiple revisions, allegations of candidates using whitener/blade, and unfilled vacancies. The Court considered whether vacancies arising from candidates who discontinued trai…
GAGANDEEP SINGHversusTHE STATE OF PUNJAB & ORS.
2018 INSC 110227 November 2018Leave granted
Gagandeep Singh, who was third on the merit list for the post of District Programme Officer and belongs to the Balmiki/Majbhi Sikh reserved category, sought appointment after the incumbent appointed from the same reserved vacancy resigned in 2014. The Department argued that the reserved point was exhausted once an appo…
SAMPURNA BEHRUAversusUNION OF INDIA & ORS.
2018 INSC 111027 November 2018Directions issued
The Supreme Court entertained a writ petition under Article 32 seeking implementation of various protective measures for children under the Juvenile Justice (Care and Protection) of Children Act, 2015. The Court noted that the Ministry of Women and Child Development was still preparing a Standard Operating Procedure (S…
DINESH KUMAR KASHYAP & ORS. ETC.versusSOUTH EAST CENTRAL RAILWAY & ORS. ETC.
2018 INSC 110327 November 2018Leave Granted & Disposed off
The South East Central Railway advertised 5,798 Group‑D posts in 2010 and, per a 2008 Railway Board instruction, prepared a select list with a 20% extra replacement panel. The appellants were on this extra panel, but the Railway did not appoint any of them despite 624 vacancies remaining. The appellants sought mandamus…
M. SIDDIQ (D) THR. LRS.versusMAHANT SURESH DAS AND OTHERS ETC.
2019 INSC 123127 September 2018Directions issued
The appeals arise from civil suits concerning title to the disputed Ayodhya structure and challenge the validity of the Acquisition of Certain Area at Ayodhya Act, 1993. The petitioners sought to refer the matter to a Constitution Bench, arguing that the observations in Dr. M. Ismail Faruqui v. Union of India (1994) – …
JOSEPH SHINEversusUNION OF INDIA
2018 INSC 89827 September 2018Appeal(s) allowed
The petitioner challenged the constitutional validity of Section 497 of the Indian Penal Code (IPC), which criminalized adultery, and Section 198 of the Code of Criminal Procedure (CrPC), which restricted the right to prosecute for adultery to the husband. A five-judge Constitution Bench of the Supreme Court held that …
PADMINI SINGHAversusTHE STATE OF ASSAM & OTHERS
2018 INSC 90127 September 2018Appeal(s) allowed
The appellant, Vice President of Masughat Gaon Panchayat, moved a no‑confidence motion against the President (respondent No. 6) under Section 15(1) of the Assam Panchayat Act, 1994. The required special meeting was convened by the Block Development Officer (BDO) rather than the Deputy Commissioner, who is statutorily m…
FERANI HOTELS PVT. LTD.versusTHE STATE INFORMATION COMMISSIONER GREATER MUMBAI & ORS.
2018 INSC 90427 September 2018Dismissed
Ferani Hotels Pvt. Ltd. (appellant) entered into a development agreement with Mr. Nusli Neville Wadia (respondent No.3), who later terminated the agreement and sought certified copies of the development plans, layouts and related documents filed with the Municipal Corporation of Greater Mumbai under the Right to Inform…
E.A. ABOOBACKER & ORS.versusSTATE OF KERALA & ORS.
2018 INSC 89927 September 2018Rejected
MINISTRY OF AYUSHversusDR. VANITHA R. & ANR.
2018 INSC 90727 September 2018Appeal(s) allowed
The case concerned a vacancy in the office of President of the Central Council of Indian Medicine (CCIM) after the member representing Uttarakhand lost his council membership, creating a casual vacancy. An election was held on 14 March 2017 and Dr Vanitha R was elected President. The Ministry of Ayush held that the ele…
ASEER JAMALversusUNION OF INDIA & ORS.
2018 INSC 90327 September 2018Disposed off
Aseer Jamal filed a writ petition under Article 32 seeking directions to the Union, States and Union Territories to create an effective mechanism for illiterate and visually impaired persons to obtain information under the Right to Information Act, 2005. The petitioner argued that Section 6(1) of the Act discriminates …
STATE OF ORISSAversusDASARATHI MEHER
2018 INSC 90027 September 2018Dismissed
The State of Odisha appealed against a judgment that held the tribe "Kulis" listed in the Scheduled Tribes Order (Amendment) Act, 1976, includes members of the "Kuli" community. The issue was whether the term "Kulis" was a distinct tribe or merely the plural of "Kuli", which had earlier been listed as a Scheduled Caste…
STATE OF MADHYA PRADESHversusGANGABISHAN @ VISHNU & ORS.
2018 INSC 64427 July 2018Dismissed
The State of Madhya Pradesh prosecuted nine accused for the death of Rajesh, who was shot in the left thigh during a dispute over cattle and crop damage. The trial court convicted all under sections 302/149, 325/149, 147, 148 and 440 IPC, but the High Court acquitted eight of them, retaining only a conviction of accuse…
MOHAR SAI AND ANR.versusGAYATRI DEVI AND ORS.
2018 INSC 42927 April 2018Dismissed
The deceased Krishna Kumar Sahu died in a motorcycle accident; his heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that the motorcycle was driven by the appellant's son, Prem Lal Rajawade, whose rash driving caused the accident, and awa…
CHENNAI PORT TRUSTversusTHE CHENNAI PORT TRUST INDUSTRIAL EMPLOYEES CANTEEN WORKERS WELFARE ASSOCIATION AND ORS.
2018 INSC 42527 April 2018Dismissed
The Chennai Port Trust (CPT) operates a canteen run by a cooperative society for its port employees. The employees of the canteen formed an association and filed a writ petition seeking a mandamus directing CPT to treat them as regular port employees and grant them parity of benefits. The High Court Single Judge allowe…
ARIF KHAN @ AGHA KHANversusSTATE OF UTTARAKHAND
2018 INSC 42627 April 2018Appeal(s) allowed
The appellant was intercepted on a bus after a tip-off and, after being informed of his right to be searched before a Magistrate or Gazetted Officer, gave written consent to the police and was searched, leading to the seizure of about 2.5 kg of charas. He was convicted under Section 20 of the NDPS Act and sentenced to …
NISHAN SINGH & ORS.versusORIENTAL INSURANCE COMPANY LTD. THROUGH REGIONAL MANAGER & ORS.
2018 INSC 43127 April 2018Case Partly allowed
The appellants filed a claim petition after Balvinder Kaur died in a collision where a Maruti car rear-ended a truck. The Motor Accident Claims Tribunal and the Uttarakhand High Court held that the car driver was at fault for not maintaining a safe distance and dismissed the claim, finding no negligence on the part of …
COMMISSIONER OF INCOME TAX, KARNAL (HARYANA)versusM/S CARPET INDIA, PANIPAT (HARYANA)
2018 INSC 42327 April 2018Directions issued
M/s Carpet India, a carpet manufacturer, sold its products to an export house (IKEA Trading) which exported them abroad. The assessee claimed a deduction under Section 80HHC of the Income Tax Act, 1961, on a par with a direct exporter, based on export incentives such as Duty Drawback and DEPB. The Assessing Officer all…
GANAPATHI & ANR.versusTHE STATE OF TAMIL NADU
2018 INSC 27127 March 2018Dismissed
The case involved the murder of Murugan and his sister Poomari following marital discord between Murugan and his wife Muthulakshmi. Four accused—Ponnu, Ganapathi, Chitravelu, and Muthulakshmi—were charged under IPC s.302 and s.302/34. The trial court convicted all four; the Madras High Court upheld the convictions of G…
NGT BAR ASSOCIATION (WESTERN ZONE)versusUNION OF INDIA & ORS.
[2018] 3 S.C.R. 6527 March 2018Directions issued
The NGT Bar Association (Western Zone) filed a writ petition under Article 32 seeking clarification on the appointment of an acting Chairperson of the National Green Tribunal after the incumbent’s term ended. The issue centered on the interpretation of Section 11 of the National Green Tribunal Act, 2010, which authoris…
B.N. FIROSversusSTATE OF KERALA & ORS.
2018 INSC 27027 March 2018Dismissed
MANJU SURANAversusSUNIL ARORA & ORS.
2018 INSC 27827 March 2018Matter referred to larger bench
The appellant filed a complaint under the Prevention of Corruption Act, 1988 alleging corruption in a drinking‑water project and sought investigation and FIR registration against several public servants, including the first respondent who was incorrectly described as Principal Secretary, PHED. The Special Judge dismiss…
ANILKUMAR JINABHAI PATEL (D) THR. LRS. & ANR.versusPRAVINCHANDRA JINABHAI PATEL AND ORS.
2018 INSC 27327 March 2018Dismissed
The Supreme Court considered appeals challenging a High Court order that held a petition under Section 34 of the Arbitration and Conciliation Act, 1996 was time‑barred. The petitioners, led by the late Anilkumar Patel, argued that the arbitral award dated 07‑07‑1996 had not been served on the other family members, so t…
SATPAL SINGHversusTHE STATE OF PUNJAB
2018 INSC 27727 March 2018Disposed off
Satpal Singh was charged under Sections 22 and 29 of the NDPS Act and applied for anticipatory bail under Section 438 of the CrPC, claiming parity with his brothers who had been granted anticipatory bail by a coordinate bench of the Punjab and Haryana High Court. The High Court rejected his application, noting that the…
SHAKTI VAHINIversusUNION OF INDIA AND OTHERS
2018 INSC 26627 March 2018Disposed off
The petition sought directions to the Union and State governments to prevent honour crimes, including honour killings, by mandating a national and state plan of action, special cells, and prosecution of offenders. The Court held that any torture or interference with an adult's choice of marriage, even if sanctioned by …
MACKINTOSH BURN LIMITEDversusSARKAR AND CHOWDHURY ENTERPRISES PRIVATE LIMITED
2018 INSC 26927 March 2018Disposed off
Mackintosh Burn Ltd, a public company with the Government of West Bengal as majority shareholder, refused to register the transfer of 100 shares to itself, alleging that the applicant was controlled by a competitor and that the transfer could affect the company’s interest. The respondent sought registration, and the Co…
MUNICIPAL CORPORATION, UJJAIN & ANR.versusBVG INDIA LIMITED AND ORS.
2018 INSC 26827 March 2018Appeal(s) allowed
The Ujjain Municipal Corporation issued a two‑envelope tender for a 10‑year door‑to‑door municipal solid‑waste collection contract. Global Waste Management Cell Private Limited (GWMC) obtained the highest technical‑financial score (84.36) and was awarded the contract. Unsuccessful bidder BVG India Ltd. challenged the a…
STATE OF MADHYA PRADESH AND OTHERSversusABHIJIT SINGH PAWAR
2018 INSC 110126 November 2018Leave Granted & Allowed
The respondent, Abhijit Singh Pawar, applied for police posts in Madhya Pradesh and disclosed in an affidavit that a criminal case (Sections 323, 325, 506, 34) was pending against him. Within four days the parties compromised and the offences were compounded under Section 320 of the Cr.P.C., resulting in his acquittal.…
AHMED ABDULLA AHMED AL GHURAIR (THROUGH THEIR POWER OF ATTORNEY HOLDER MR. BARTHOLOMEW KAMYA) & ANR.versusSTAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED & ORS.
2018 INSC 110026 November 2018Dismissed
The plaintiffs, Dubai nationals and shareholders of a Dubai‑incorporated company (Defendant No.2), filed a derivative suit in the Madras High Court seeking a declaration that Defendant No.2 held the beneficial interest in 6.16% of the shares of an Indian company (Defendant No.1) that were registered in the names of oth…
STATE OF TAMIL NADU & ANR.versusM. MANGAYARKARASI AND ETC.
2018 INSC 109626 November 2018Leave granted
The State of Tamil Nadu removed two Treasury officers, M. Mangayarkarasi and M. Jayalakshmi, for misappropriating large sums by sanctioning bogus bills. The officers challenged the removal, arguing that other staff charged with similar offences received only stoppage of increments, invoking the principle of parity of t…
NATIONAL INSURANCE SPECIAL VOLUNTARY RETIRED/ RETIRED EMPLOYEES ASSOCIATION & ANR.versusUNITED INDIA INSURANCE CO. LTD. & ANR.
2018 INSC 100126 October 2018Leave Granted & Dismissed
The appellants, former employees of United India Insurance, retired under the General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 (SVRS‑2004) and claimed that they were also entitled to the notional five‑year service benefit provided under the earlier General Insurance (Employees) Pension Scheme, 199…
RAMVIRversusSTATE OF UTTAR PRADESH
2018 INSC 99926 October 2018Appeal(s) allowed
The appellant, Ramvir, was charged along with five others for surrounding a victim and firing shots that led to the victim's death. The Sessions Court acquitted all six accused of offences under Sections 148 and 149 of the Indian Penal Code (IPC) but convicted Ramvir under Section 302 IPC for murder. The State did not …
S. SAROJINI AMMAversusVELAYUDHAN PILLAI SREEKUMAR
2018 INSC 100526 October 2018Leave Granted & Allowed
The appellant, a 74‑year‑old widow, executed a deed styled as a gift in favour of her nephew, the respondent, but the deed was executed for consideration and was conditional on the respondent caring for the appellant and her husband and taking effect only after their deaths. The appellant later executed a cancellation …
DR. AMIT KUMARversusDR. SONILA & ORS.
2018 INSC 100726 October 2018Leave Granted & Allowed
Dr. Amit Kumar and Dr. Sonila, both doctors posted with the CRPF, obtained a decree of divorce by mutual consent in 2016 which stipulated that custody of their two minor children would vest with the father, with each parent bearing the expenses of one child. After the father was transferred to Jammu, the children were …
JARNAIL SINGH & OTHERSversusLACHHMI NARAIN GUPTA & OTHERS
2018 INSC 88126 September 2018Reference answered
The Supreme Court examined a slew of petitions seeking a referral of the M. Nagaraj judgment to a larger bench, focusing on the validity of its requirement that States collect quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST) for promotion reservations. The Court held that while t…
SWAPNIL TRIPATHIversusSUPREME COURT OF INDIA
2018 INSC 88626 September 2018Appeal(s) allowed
The petitioners filed a writ under Article 32 seeking a declaration that Supreme Court proceedings of constitutional and national importance be live‑streamed and that a regulatory framework be established. The Court examined whether live‑streaming is compatible with the constitutional mandate of open courts, the rights…
HIYA ASSOCIATES & ORS.versusNAKSHATRA PROPERTIES PVT. LTD.
2018 INSC 89326 September 2018Case Partly allowed
The dispute arose from an eviction suit where the parties compromised, obligating the defendants to vacate the premises by a specified date and pay mesne profits for delay. The defendants failed to vacate, prompting the plaintiff to file an execution application which the executing court dismissed the defendants' objec…
P. RADHA BAI AND ORS.versusP. ASHOK KUMAR AND ANR.
2018 INSC 89626 September 2018Appeal(s) allowed
The parties, heirs of a deceased businessman, disputed the division of his properties and resolved the matter by arbitration, which resulted in an award on 18 February 2010 that was received on 21 February 2010. The respondents filed an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 to se…
LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S.N. SHUKLAversusELECTION COMMISSION OF INDIA & ORS.
2018 INSC 88426 September 2018Dismissed
Lok Prahari, a society, filed a public‑interest litigation seeking a declaration that a stay of conviction granted by an appellate court does not remove the disqualification of a sitting MLA/MP under Section 8 of the Representation of the People Act, 1951, and that the legislative seat becomes vacant from the date of c…
STATE OF MADHYA PRADESHversusCHHAAKKI LAL AND ANOTHER
2018 INSC 88926 September 2018Appeal(s) allowed
The State of Madhya Pradesh prosecuted Chhaakki Lal and his son Akhilesh for the murder of four persons, including a three‑year‑old child, based primarily on the testimony of the sole eye‑witness Kesar Bai (PW‑1). The trial court convicted them under Section 302 IPC and imposed death sentences, deeming the case "rarest…
TEHSEEN POONAWALLAversusUNION OF INDIA & ANR.
2018 INSC 88826 September 2018Disposed off
Ms. Indira Jaising, appearing as counsel for an intervenor in Tehseen Poonawalla v. Union of India, filed a Miscellaneous Application seeking to expunge Supreme Court remarks that the conduct of counsel for the petitioners and intervenors amounted to prima facie contempt of court. She contended that the observations in…
UTTARADI MUTTversusRAGHAVENDRA SWAMY MUTT
2018 INSC 88526 September 2018Disposed off
The appellant Uttaradi Mutt filed a suit for injunction against the respondent Raghavendra Swamy Mutt, which was dismissed by the trial court. On appeal, the respondent sought to produce additional evidence under Order XLI Rule 27 of the CPC; the First Appellate Court rejected these applications while allowing the appe…
UNION OF INDIA & ORS.versusKRISHNA RAO & ORS. ETC. ETC.
2018 INSC 88226 September 2018Disposed off
E Krishna Rao and another, employed on contract as TV News Correspondent and TV Assistant News Correspondent, opted to be treated as government servants under the Indian Broadcasting (Programme) Service Rules, 1990. After twelve years without promotion, they approached the Central Administrative Tribunal (CAT) claiming…
JAGJIT SINGHversusSTATE OF PUNJAB
2018 INSC 88326 September 2018Dismissed
Jagjit Singh was convicted under Section 304‑B IPC for dowry death after his wife and child drowned within seven years of marriage. The trial court and the Punjab and Haryana High Court upheld the conviction, reducing the sentence to seven years. The appellant appealed to the Supreme Court under Article 136, arguing la…
SUPER BAZAR KARAMCHARI DALIT SANGH AND ORS.versusUNION OF INDIA AND ORS.
2018 INSC 89426 September 2018Disposed off
The Supreme Court examined contempt petitions filed by Writers & Publishers Ltd. (WPL) alleging non‑compliance of its own order dated 17 May 2018, which directed a full refund of WPL’s investment in the failed revival of the multi‑state cooperative society Super Bazar along with 6% interest. The Court held that the ord…
AMBALA BUS SYNDICATE PVT. LTD.versusCHANDIGARH ADMINISTRATION & ORS.
2018 INSC 89526 September 2018Leave Granted & Disposed off
Ambala Bus Syndicate, a private operator of non‑air‑conditioned buses, obtained an inter‑state permit from Punjab and sought a counter‑signature from the Chandigarh Union Territory to operate in Chandigarh. The High Court Single Judge allowed the request, but the Division Bench reversed, holding that the 1998 Scheme (a…
PATEL AHMED MOHAMMADversusBALWANT SINGH RAJPUT & ORS.
2018 INSC 88726 September 2018Leave Granted & Disposed off
Patel Ahmed Mohammad, a Rajya Sabha member, was challenged by Balwant Singh Rajput in an election petition alleging corrupt practices and vote irregularities. The appellant filed three applications for dismissal of the petition: (i) on the basis that office objections under Gujarat High Court Rules were not removed (Ap…
JUSTICE K. S. PUTTASWAMY (RETD.)versusUNION OF INDIA & ORS.
2018 INSC 88026 September 2018Disposed off
The Supreme Court upheld the constitutional validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which provides a unique identity number to residents based on biometric and demographic data. The petitioners challenged the Act on grounds of violation of the right…
M/S. NANDHINI DELUXEversusM/S. KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD.
2018 INSC 64226 July 2018Appeal(s) allowed
The Karnataka Cooperative Milk Producers Federation (respondent) had been using the mark ‘NANDINI’ for milk and milk products since 1985, while the restaurant chain M/s. Nandhini Deluxe (appellant) began using the mark ‘NANDHINI’ for its restaurants in 1989 and later applied for registration of the mark for various foo…
CENTRAL BOARD OF TRUSTEESversusM/S INDORE COMPOSITE PVT. LTD.
2018 INSC 64326 July 2018Appeal(s) allowed
The Central Board of Trustees (CBT) issued summons under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, directing M/s Indore Composite Pvt. Ltd. to pay outstanding provident fund contributions for 2005-06 and later ordered damages under Section 14B. The EPF Appellate Tribunal set aside the damages…
NAVEEN KAUSHIKversusCENTRAL BUREAU OF INVESTIGATION
2018 INSC 41826 April 2018Disposed off
The Supreme Court heard a series of criminal appeals and special leave petitions filed by Naveen Kaushik against the Central Bureau of Investigation under the Prevention of Corruption Act, 1988. The principal issue concerned the interpretation of Section 19(3)(c) of the Act, which the Court revisited in light of its re…
VINOD KUMAR DHALLversusDHARAMPAL DHALL (DECEASED)THROUGH HIS LRS. & ORS.
2018 INSC 42126 April 2018Appeal(s) allowed
Dharampal Dhall (deceased) filed a suit for restoration of possession, mesne profits and a permanent injunction over a house in Tagore Garden, claiming exclusive ownership based on a lease deed and subsequent name change. The defendants, his brother and sister, contended that the house was a family (joint) property acq…
SHAKTI PRASAD BHATT ETC. ETC.versusTHE STATE OF UTTARAKHAND AND ORS. ETC.
2018 INSC 42026 April 2018Appeal(s) allowed
The petitioners, Kurk Amins originally appointed in Uttar Pradesh, claimed that they were government servants as held by the Allahabad High Court (1985) and affirmed by the Supreme Court in State of U.P. v. Chandra Prakash Pandey (2001). After the bifurcation of Uttar Pradesh and creation of Uttarakhand in 2000, they w…
BHASKARRAO & ORS.versusSTATE OF MAHARASHTRA
2018 INSC 41926 April 2018Appeal(s) allowed
The State of Maharashtra alleged that sixteen accused, including Bhaskarrao and others, murdered Shamrao by assaulting him with weapons and amputating his hand, invoking sections 147, 148, 452 r/w 149, 302 r/w 149 and 506 of the IPC. The trial court acquitted all accused after finding the prosecution’s case riddled wit…
G H CHAMPA LALversusSTATE OF RAJASTHAN AND ORS.
2018 INSC 42226 April 2018Disposed off
The State of Rajasthan issued a notification on 6 October 2008 upgrading the Gram Panchayat of Napasar village to a Nagarpalika, which was subsequently challenged in the Rajasthan High Court. The High Court dismissed the challenge, the State later withdrew the notification, issued a fresh one in 2016, and the matter re…
BHARATKUMAR RAMESHCHANDRA BAROTversusSTATE OF GUJARAT
2018 INSC 26326 March 2018Dismissed
The appellant was convicted of murder under Section 302 IPC and sentenced by the Sessions Court to ten years' rigorous imprisonment, which the State appealed under Section 377 of the CrPC for enhancement. The High Court, after serving notice and appointing an amicus curiae, enhanced the sentence to life imprisonment. T…
DALIP SINGH AND OTHERSversusSTATE OF HARYANA AND OTHERS
2018 INSC 99525 October 2018Leave Granted & Dismissed
The Haryana Urban Development Authority allotted an industrial plot to Rabinder Nath, MD of M/s Shiva Dairy & Oil Mills, in 1984 with a condition to complete construction within two years and commence production. The allottee and later his legal heirs failed to start construction or production for about twenty years, p…
JITENDRA @ KALLAversusSTATE OF GOVT. OF NCT OF DELHI
2018 INSC 99725 October 2018Disposed off
The appellant Jitendra Kalla was convicted in two FIRs for murder and related offences, receiving rigorous life imprisonment in each case with a 30‑year cap on remission for the first and a consecutive life term for the second. The High Court, despite a statement that the appellant would not challenge the conviction, e…
GOPAL JHAversusTHE HON’BLE SUPREME COURT OF INDIA
2018 INSC 99825 October 2018Disposed off
The Supreme Court examined challenges to the Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules, specifically the block period for meeting eligibility criteria, the requirement that applicants be members of the Supreme Court Bar Association (SCBA), and the residence requirement of being in Delhi/New Delhi.…
PUBLIC INTEREST FOUNDATION & ORS.versusUNION OF INDIA & ANR.
2018 INSC 86225 September 2018Disposed off
The Supreme Court examined whether it could compel Parliament to enact a law disqualifying candidates against whom serious criminal charges have been framed and whether it could direct the Election Commission to deny such candidates the use of a party's reserved symbol. The Court held that disqualification is a matter …
COAL INDIA LTD. & ANR.versusNAVIN KUMAR SINGH
2018 INSC 86425 September 2018Dismissed
Navin Kumar Singh, an executive of Coal India Ltd., was transferred from Dankuni Coal Complex (DCC) to its subsidiary CMPDIL on his own request. The company's policy stated that seniority in the new company would be reckoned from the date of transfer, but it was unclear whether past service in the parent unit could be …
AMBADEVI SANSTHA & ORS.versusJOINT CHARITY COMMISSIONER & ORS.
2018 INSC 87325 September 2018Appeal(s) allowed
Shri Ambadevi Sanstha, a registered public trust under the Bombay Public Trusts Act, applied to the Joint Charity Commissioner (JCC) for permission to sell several trust properties after it had already received earnest money from a purchaser. Two prospective buyers offered higher prices and the newly elected trustees o…
BISWAJIT SUKULversusDEO CHAND SARDA & ORS.
2018 INSC 87425 September 2018Leave Granted & Allowed
The plaintiff, a landlord, sued the tenant for arrears of rent and eviction of a shop premises under the Assam Urban Areas Rent Control Act. The trial court held that the tenant was indeed the plaintiff's tenant but found no default in rent payment, leading to dismissal of the suit. On appeal, the first appellate court…
SHAILESH BANDU SWAMI AND ANOTHERversusDIPAK AND OTHERS
2018 INSC 87825 September 2018Appeal(s) allowed
The case concerned the constitution of the Standing Committee of Latur City Municipal Corporation and the election of its Chairman under the Maharashtra Municipal Corporations Act, 1949. Because of an Election Commission "code of conduct" the corporation could not complete the statutory steps for retiring eight members…
REEMA SALKANversusSUMER SINGH SALKAN
2018 INSC 86725 September 2018Appeal(s) allowed
The appellant-wife filed a Section 125 CrPC maintenance petition in 2003 after her husband, a Canadian permanent resident, failed to bring her to Canada and allegedly obstructed her visa. The Family Court awarded Rs.10,000 per month from July 2003 to December 2010 and denied maintenance thereafter, finding the husband …
THE STATE OF KERALA & ANR.versusGOURI & ORS.
2018 INSC 86925 September 2018Dismissed
The State of Kerala appealed a High Court order that had allowed landowners (respondents) to claim exemption from vesting of their land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The dispute centered on whether the land was acquired by the respondents before the appointed day of 10 May 1971 an…
STATE OF KERALA & ANR.versusJOSEPH & ANR.
2018 INSC 87025 September 2018Dismissed
The State of Kerala challenged the exemption granted by a Forest Tribunal to landowners (Joseph & others) over 14 acres of private forest, arguing that the land should vest in the State under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Tribunal had held that the owners' title pre‑dated the appoin…
RE-INHUMAN CONDITIONS IN 1382 PRISONSversus.
2017 INSC 95525 September 2018Directions issued
The Supreme Court entertained a public‑interest writ petition under Article 32 concerning the inhuman conditions prevailing in Indian prisons. The petition highlighted overcrowding, unnatural deaths, inadequate and untrained staff, and the lack of implementation of various prison‑related guidelines. Recognising the vio…
ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ANR.
2018 INSC 86625 September 2018Dismissed
The petitioner filed a writ petition under Article 32 seeking a direction to bar Members of Parliament, Legislative Assemblies and Councils from practising as advocates while holding office, invoking Bar Council of India Rule 49 which prohibits advocates from being full‑time salaried employees. The Court examined wheth…
UNION OF INDIAversusHARDY EXPLORATION AND PRODUCTION (INDIA) INC
2018 INSC 86525 September 2018Appeal(s) allowed
The Union of India challenged an arbitral award made in its favour by Hardy Exploration and Production (India) Inc, contending that Indian courts had jurisdiction to entertain a Section 34 application despite the arbitration agreement specifying Kuala Lumpur as the "venue" for proceedings. The Delhi High Court held tha…
VILASINIversusSTATE OF KERALA
[2018] 14 S.C.R. 125 September 2018Leave granted
Vilasini, a woman living below the poverty line, was convicted under Section 8(1) and (2) of the Kerala Abkari (Amended) Act, 1997 for possessing three litres of arrack. The trial court sentenced her to six months of rigorous imprisonment and a fine of Rs 1 lakh, with a default three‑month simple imprisonment for non‑p…
UNION OF INDIAversusDYAGALA DEVAMMA & ORS.
2018 INSC 63825 July 2018Appeal(s) allowed
The State of Andhra Pradesh (now Telangana) acquired about 101 acres of land for a railway line under the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed a low per‑acre value, which was challenged, leading the Civil Court (Reference Court) to determine a market value of Rs 21,29,600 per acre an…
ASIAN RESURFACING OF ROAD AGENCY P. LTD. AND ANR.versusCENTRAL BUREAU OF INVESTIGATION
2018 INSC 41325 April 2018Disposed off
Asian Resurfacing of Road Agency Ltd. and another appealed to the Supreme Court against a Delhi High Court order that stayed the framing of a charge under Section 19(3)(c) of the Prevention of Corruption Act, 1988. The principal issue was whether the High Court had jurisdiction to grant such a stay in a challenge to th…
NARESH & ORS.versusTHE STATE OF UTTARAKHAND & ORS.
2018 INSC 41725 April 2018Disposed off
The accused Naresh, Suresh, Ashish and Rajendra were charged with attempting to murder and causing hurt by attacking Tej Singh with an axe in 1998. The Sessions Court acquitted them, but the High Court set aside the acquittal and convicted them under IPC sections 307/34, 323/34, 324/34 and 504, imposing imprisonment an…
SHIV SINGH & ORS.versusSTATE OF HIMACHAL PRADESH & ORS.
2018 INSC 41525 April 2018Appeal(s) allowed
The State of Himachal Pradesh issued a notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire land for a road project. The landowners (appellants) filed objections to the acquisition within the time prescribed by Section 15 of the Act…
SRI Y.P. SUDHANVA REDDY & ORS.versusTHE CHAIRMAN AND MANAGING DIRECTOR, KARNATAKA MILK FEDERATION ETC.
2018 INSC 41425 April 2018Dismissed
The appellants filed two suits claiming ownership and possession of a one‑acre plot, asserting title through their deceased father. The respondent countered that the land had been acquired by the State under the Land Acquisition Act, 1894, in 1941, and that ownership vested in the State thereafter. The High Court allow…
MAYA DEVI (D) THROUGH LRS & ORS.versusSTATE OF HARYANA & ANR.
2018 INSC 6625 January 2018Case Partly allowed
The appellants challenged the compensation awarded for land acquired by the Haryana State Ware Housing Corporation under the Land Acquisition Act, 1894. The High Court had used a post‑notification sale deed (dated 27‑12‑1988) as an exemplar and applied a 67.5% deduction for development charges, arriving at Rs.2,19,413 …
JAYAPRAKASH & ANR.versusT. S. DAVID & ORS.
2018 INSC 6125 January 2018Dismissed
The appellants filed a suit for specific performance of a sale agreement against four defendants. Defendants 1 and 2, the original owners, failed to sell the property and the suit proceeded ex parte, resulting in an ex parte decree. Defendants 3 and 4 successfully set aside the decree under Order 9 Rule 13, and the tri…
SUBHASH CHANDER BANSALversusGIAN CHAND AND ORS
2018 INSC 5925 January 2018Dismissed
In 1988 the accused used a hockey stick to inflict injuries on Om Prakash and Ravinder Kumar. The trial court acquitted all five accused, but the High Court convicted four of them under Section 325 read with Section 34 of the Indian Penal Code, crediting the period they had already spent in custody and imposing a colle…
FLORA ELIAS NAHOUM & ORS.versusIDRISH ALI LASKAR
2018 INSC 5525 January 2018Appeal(s) allowed
The landlords (appellants) owned a shop in Calcutta and leased it to the respondent, who later changed the business and allegedly sub‑let the premises to a third person without consent. The eviction suit was filed under the West Bengal Premises Tenancy Act, 1956 on four grounds, including sub‑letting and unauthorized c…
H. V. NIRMALA & ANR.versusR. SHARMILA & ANR.
2018 INSC 6025 January 2018Dismissed
The dispute concerned immovable property of the late Ramaiah Reddy, who executed a registered will on 12 March 1980 in favour of his minor children Sharmila and Umesh. A later will dated 20 May 1995, executed by the same testator, did not expressly revoke the 1980 will. Umesh filed a partition suit based on the 1995 wi…
N. C. BANSALversusUTTAR PRADESH FINANCIAL CORPORATION & ANR.
2018 INSC 6225 January 2018Appeal(s) allowed
The plaintiff, N.C. Bansal, filed a civil suit seeking a declaration and permanent injunction concerning a property. The trial court dismissed the suit as non‑maintainable; an appellate court remanded the matter for trial. After remand, the plaintiff filed three applications: (i) under Order 7 Rule 14 of the CPC to fil…
KARNATAKA LIVE BAND RESTAURANTS ASSOCIATIONversusSTATE OF KARNATAKA & ORS.
2018 INSC 5825 January 2018Dismissed
The Karnataka Live Band Restaurants Association challenged the Karnataka Police Act, 1963, and the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005, which required licences for restaurants displaying live band music, cabaret or discotheque. The Association claimed the Order viola…
SURENDER SINGHversusSTATE OF HARYANA & ORS.
2018 INSC 6525 January 2018Matter referred to larger bench
The State of Haryana acquired about 520 acres of land spread across 15 villages for an expressway under the Land Acquisition Act, 1894. The Land Acquisition Officer fixed a uniform compensation rate of Rs.12,50,000 per acre, which was later enhanced by the Reference Court to Rs.43,17,841 per acre. Both the landowners a…
THE STATE OF MADHYA PRADESH & ORS.versusMANOJ SHARMA & ORS.
2018 INSC 6425 January 2018Disposed off
KANAKLATA DAS & ORS.versusNABA KUMAR DAS & ORS.
2018 INSC 5625 January 2018Appeal(s) allowed
The appellants filed an ejectment suit under the West Bengal Tenancy Act to evict respondents Nos. 2‑5 for non‑payment of rent and other grounds. Respondent No.1, claiming co‑ownership of the suit premises, applied under Order I Rule 10(2) of the CPC to be impleaded as a co‑plaintiff. The trial court dismissed the appl…
M. C. MEHTAversusUNION OF INDIA & ORS.
2018 INSC 98224 October 2018Directions issued
The Supreme Court examined a petition by environmental activist M.C. Mehta seeking to prohibit the sale of Bharat Stage‑IV (BS‑IV) compliant vehicles after 31 March 2020, arguing that the government’s sub‑rule 21 of Rule 115 of the Central Motor Vehicle Rules, 1989, which allowed registration of such vehicles until Jun…
NEHRU GRAM BHARATI UNIVERSITYversusSTATE OF U.P. & ORS.
2018 INSC 98924 October 2018Leave Granted & Dismissed
The Nehru Gram Bharati Deemed University admitted students to a two‑year Basic Teachers Certificate (BTC) course for the 2008‑09 and 2009‑10 sessions after being declared a deemed university in 2008. Although it had earlier obtained permission from the National Council for Teacher Education (NCTE) in 2005, it failed to…
ASAR MOHAMMAD AND ORS.versusTHE STATE OF U.P.
2018 INSC 98524 October 2018Disposed off
The case involved the murder of Zahida Begum and her son Ishlam, whose bodies were recovered from a septic tank after appellant No.1, Asar Mohammad, confessed and led police to the site. The trial court convicted all three accused under Sections 302 and 201 IPC, sentencing them to death (later commuted to life). On app…
KAMALA AND OTHERSversusM.R. MOHAN KUMAR
2018 INSC 98424 October 2018Appeal(s) allowed
The appellants, Kamala and her two children, claimed maintenance under Section 125 of the Criminal Procedure Code, asserting that Kamala was the legally wedded wife of the respondent, M.R. Mohan Kumar. The respondent denied any marriage and argued that without a valid marriage, maintenance could not be granted. The fam…
THE STATE OF MADHYA PRADESHversusRAJARAM @ RAJA
2018 INSC 98624 October 2018Dismissed
The trial court convicted Rajaram for raping a minor who later died by suicide, invoking Sections 376(1) and 306 of the IPC. The High Court set aside the conviction, relying primarily on the testimony of the deceased's 12‑year‑old sister and her father, and acquitted the accused. The State appealed, arguing that the ch…
RAM AVATAR SONIversusMAHANTA LAXMIDHAR DAS AND ORS.
2018 INSC 98824 October 2018Leave Granted & Allowed
The appellant, Ram Avatar Soni, challenged the probate of a Will dated 12 March 1989 allegedly executed by Mahanta Natabar Das (MND) in favour of the first respondent, Mahanta Laxmidhar Das, alleging the Will was fraudulent and the signature forged. He filed an application under Order XXVI Rule 10A of the CPC seeking t…
SATLUJ JAL VIDYUT NIGAMversusRAJ KUMAR RAJINDER SINGH (DEAD) THROUGH LRS. & ORS.
2018 INSC 85824 September 2018Leave Granted & Allowed
The case concerned whether the heirs of a former jagirdar could claim compensation under the Land Acquisition Act for land that had already vested in the State of Himachal Pradesh under the 1953 Abolition Act and for which compensation had been paid under both the Abolition Act and the 1972 Ceiling Act. The Supreme Cou…
ACHPAL @ RAMSWAROOP & ANOTHERversusSTATE OF RAJASTHAN
2018 INSC 85624 September 2018Leave Granted & Allowed
The appellants were arrested in connection with a multi‑offence FIR and remanded to police/magisterial custody on 8 April 2018. The High Court, on 3 July 2018, ordered that the investigation be conducted by a gazetted officer of at least the rank of Additional Superintendent of Police and that a report be filed within …
JAI SINGH AND ORS.versusUNIVERSITY GRANTS COMMISSION AND ORS.
2018 INSC 86124 September 2018Dismissed
Seven petitioners who enrolled in 2004-2005 for engineering degrees through open distance learning at a deemed university challenged the validity of their degrees, seeking writs directing AICTE to clarify that such degrees are valid without its approval. The central issue was whether a deemed university can launch engi…
BENGAL STATE ELECTION COMMISSION AND ORS.versusCOMMUNIST PARTY OF INDIA (MARXIST) AND ORS.
2018 INSC 74424 August 2018Appeal(s) allowed
The West Bengal State Election Commission sought to set aside a Division Bench of the Calcutta High Court order that directed acceptance of nomination papers filed electronically for the 2018 Panchayat elections. The High Court had justified its direction on the ground of ensuring free and fair elections and on a readi…
MR. ANURAG MITTALversusMRS. SHAILY MISHRA MITTAL
2018 INSC 74524 August 2018Appeal(s) allowed
Anurag Mittal obtained a decree of divorce from Rachna Aggarwal in 2009 and appealed against it, obtaining a stay. The parties later settled, and Mittal filed an application to withdraw the appeal on 28 November 2011, which was deemed withdrawn on that date. He married Shaily Mishra Mittal on 6 December 2011, before th…
RAMSINGBHAI (RAMSANGBHAI) JERAMBHAIversusTHE STATE OF GUJARAT AND ANR.
2018 INSC 40524 April 2018Dismissed
The appellant, Ramsingbai, filed an application under Section 28A of the Land Acquisition Act, 1894 seeking redetermination of compensation on the basis of a judgment of the Gujarat High Court rendered under Section 54 of the Act. The central issue was whether an appellate court judgment qualifies as an "award" for the…
B. L. PASSIversusCOMMISSIONER OF INCOME TAX, DELHI
2018 INSC 39724 April 2018Dismissed
The appellant, B.L. Passi, claimed a deduction under Section 80-O of the Income Tax Act, 1961 for fees received from Sumitomo Corporation, Japan, alleging that he provided specialized industrial and commercial knowledge, market information, and technical assistance in the form of blue‑prints for automobile die manufact…
TAMIL NADU MEDICAL OFFICERS ASSOCIATION AND ORS.versusUNION OF INDIA AND ORS.
2018 INSC 33224 April 2018Disposed off
The Tamil Nadu Medical Officers Association challenged Regulation 9(iv) and 9(vii) of the Post‑Graduate Medical Education Regulations, 2000, alleging that the provisions barred states from creating a separate entry stream for in‑service doctors seeking postgraduate degree seats and were violative of Articles 14 and 19(…
THE COMMISSIONER OF INCOME TAX-IV, AHMEDABADversusM/S. SHREE RAMA MULTI TECH LTD.
2018 INSC 40324 April 2018Dismissed
The Supreme Court considered whether interest earned on share application money that a company is statutorily required to keep in a separate bank account until shares are allotted can be taxed as income from other sources or set off against public issue expenses. The respondent company had shown the interest as income,…
UNION OF INDIA & ORS.versusPIRTHWI SINGH & ORS.
2018 INSC 40824 April 2018Dismissed
The Union of India filed a series of appeals concerning the same issue after earlier appeals had been dismissed by the Supreme Court, notably in Union of India v. Balbir Singh Turn. Despite the existence of the National Litigation Policy 2010, which urges the government to act as an efficient and responsible litigant, …
THE COMMISSIONERversusMAHINDRA AND MAHINDRA LTD. THRG. M.D.
2018 INSC 40924 April 2018Dismissed
Mahindra & Mahindra Ltd. obtained a loan of $650,000 from Kaiser Jeep Corporation to purchase tooling equipment. The loan, bearing 6% interest, was later waived by American Motor Corporation, the successor lender, resulting in a cash receipt of Rs 57,74,064 for Mahindra. The Income Tax Officer treated the waiver as tax…
RAM PAL SINGHversusSTATE OF U.P. & ORS.
2018 INSC 40724 April 2018Dismissed
The petition challenged a no‑confidence motion against the Pramukh of a Kshettra Panchayat on the ground that 13 of the 39 signatories had not taken the oath of office and therefore could not be counted, reducing the support to less than half of the 63 elected members. The Supreme Court examined the statutory definitio…
KAVITA CHANDRAKANT LAKHANIversusSTATE OF MAHARASHTRA & ANR.
2018 INSC 40224 April 2018Dismissed
The appellant, Kavita Chandrakant Lakhani, filed an FIR alleging that her former boyfriend, Respondent No.2, forcibly took her to his house, beat her and later molested her. The charge sheet included offences under Sections 363, 342, 324, 354, 323, 506(ii) and 366 of the Indian Penal Code. Respondent No.2 was discharge…
CHERAN PROPERTIES LIMITEDversusKASTURI AND SONS LIMITED AND ORS.
2018 INSC 39424 April 2018Dismissed
The dispute arose from a share purchase agreement where KCP and its nominees, including Cheran Properties Limited (the appellant), were to acquire shares of SPIL from KSL. The parties later entered arbitration, which awarded KSL the return of share documents and payment of Rs 3.58 crore. The award attained finality, an…
DELHI ADMINISTRATIONversusVIDYA GUPTA
2018 INSC 40424 April 2018Appeal(s) allowed
The Delhi Administration appealed the acquittal of Vidya Gupta, a sweet shop vendor, who was charged under the Prevention of Food Adulteration Act, 1954 for storing adulterated ghee used to make jalebis. The Supreme Court held that Section 7, read with its explanation, deems any person who stores adulterated food for t…
INCOME TAX OFFICER WARD NO. 16 (2)versusM/S TECHSPAN INDIA PRIVATE LTD. & ANR.
2018 INSC 39624 April 2018Dismissed
M/s TechSpan India Private Ltd. filed its return for AY 2001‑02 declaring income from software development and human‑resource services, claiming common expenses and a deduction under s.10A. The assessing officer, after a show‑cause notice under s.143, rectified the assessment to nil tax. Later, the revenue issued a not…
TAPAN KUMAR DUTTAversusCOMMISSIONER OF INCOME TAX, WEST BENGAL
2018 INSC 39524 April 2018Dismissed
The appellant, a partner in Nitya Kali Rice Mill, was subject to a search under Section 132 of the Income Tax Act at the firm’s premises, resulting in seizure of documents and cash. A notice under Section 158BC was issued to both the firm and the appellant on 9 September 1999, prompting the appellant to file a block re…
COMMISSIONER OF INCOME TAX-VIversusVIRTUAL SOFT SYSTEMS LTD.
2018 INSC 39924 April 2018Appeal(s) allowed
Virtual Soft Systems Ltd claimed a deduction for lease equalisation charges in its 1999-2000 income tax return. The Assessing Officer disallowed the deduction, but the Income Tax Appellate Tribunal allowed it, a decision upheld by the High Court. The Revenue appealed to the Supreme Court, questioning whether such a ded…
COMMISSIONER OF INCOME TAX, DELHI-1versusM/S CONTAINER CORPORATION OF INDIA LTD.
2018 INSC 40024 April 2018Disposed off
M/s Container Corporation of India Ltd. (CONCOR) claimed a deduction under Section 80‑IA of the Income Tax Act, 1961 for profits earned from its Inland Container Depots (ICDs) for assessment years 2003‑04 to 2005‑06. The Assessing Officer rejected the claim, the Tribunal allowed deduction only for rolling stock and not…
DEPUTY COMMISSIONER OF INCOME TAX, CHENNAIT. JAYACHANDRANversusT. JAYACHANDRAN
2018 INSC 40124 April 2018Disposed off
The respondent, a stock broker approved by Indian Bank, was instructed to purchase securities on the bank's behalf and to use part of the proceeds to pay additional interest to certain public sector undertakings (PSUs) via demand drafts. The Assessing Officer treated the amount of Rs 14.73 crore, paid to the PSUs, as t…
COMMISSIONER OF INCOME TAX KOLKATA XIIV. M/S CALCUTTA EXPORT COMPANYversusM/S CALCUTTA EXPORT COMPANY
2018 INSC 41124 April 2018Disposed off
M/s Calcutta Export Company, a partnership engaged in manufacturing and exporting casting materials, claimed a deduction for export commission charges under Section 40(a)(ia) of the Income Tax Act for AY 2005-06. The Assessing Officer disallowed the deduction because the TDS on the commission was deposited after the st…
ADDL. COMMISSIONER OF INCOME TAXversusBHARAT V. PATEL
2018 INSC 40624 April 2018Dismissed
The respondent, Bharat V. Patel, Chairman and MD of Procter & Gamble India, received Rs 6,80,40,724 on redemption of Stock Appreciation Rights (SARs) issued by P&G USA in 1997, before the Finance Act, 1999 amendment to Section 17(2) became effective on 1 April 2000. The Revenue argued that the amount should be taxed as…
COMMISSIONER OF INCOME TAX, CENTRAL-IIIversusHCL TECHNOLOGIES LTD.
2018 INSC 39824 April 2018Dismissed
HCL Technologies Ltd. claimed deductions under Section 10A of the Income Tax Act, 1961 for freight, telecommunication, insurance and software development expenses incurred in exporting software and providing technical services abroad. The Assessing Officer excluded these expenses from the total turnover, leading to a h…
COMPETITION COMMISSION OF INDIAversusM/S FAST WAY TRANSMISSION PVT. LTD.
2018 INSC 5424 January 2018Appeal(s) allowed
The Competition Commission of India (CCI) appealed against a penalty imposed on four Multi System Operators (MSOs) for terminating a cable‑TV broadcast agreement with a news channel, Day & Night News, alleging abuse of dominant position. The MSOs held about 85% of the cable‑TV subscriber base in Punjab and Chandigarh, …
GOVINDAMMAL (DEAD) BY LRS. AND ORS.versusVAIDIYANATHAN AND ORS.
2018 INSC 97423 October 2018Dismissed
The case concerned a 2.72‑acre property originally owned by two brothers, which was partitioned in 1912 giving each brother a 50% share. The plaintiffs, descendants of one brother, claim ownership of the 1.36‑acre "A Schedule" share, while the defendant’s father purchased the other 1.36‑acre share in a 1933 court aucti…
BHAGIRATHversusTHE STATE OF MADHYA PRADESH
2018 INSC 97523 October 2018Appeal(s) allowed
On 19 August 2005, the deceased Bherulal was surrounded by the appellant Bhagirath, who was armed with a farsi, and several others. During a heated quarrel, Bhagirath struck the victim on the right side of the head near the ear, causing fatal injuries; an injured eye‑witness (PW‑6) corroborated this account. The trial …
AJIT KR. BHUYAN AND OTHERSversusDEBAJIT DAS AND OTHERS
2018 INSC 97723 October 2018Leave Granted & Allowed
The case concerned the promotion of Debajit Das (respondent No.1) in the Assam Public Works Department. He was appointed Assistant Engineer in 1996, promoted to Assistant Executive Engineer in 2002, and then to an ex‑cadre Executive Engineer in April 2005, followed by regular encadrement as Executive Engineer in July 2…
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITEDversusEQUIPMENT CONDUCTORS AND CABLES LIMITED
2018 INSC 98023 October 2018Appeal(s) allowed
The Transmission Corporation of Andhra Pradesh Ltd. (appellant) awarded contracts to Equipment Conductors and Cables Ltd. (respondent) which led to arbitration where claims on invoices 1‑57 were held time‑barred and no award was made. The respondent unsuccessfully sought execution of those amounts, then issued a Sectio…
THE VICE CHANCELLOR, RANCHI UNIVERSITY & ORS.versusJHARKHAND STATE HOUSING BOARD & ORS.
2018 INSC 97323 October 2018Appeal(s) allowed
The Jharkhand State Housing Board allotted 192 flats to Ranchi University for its employees. The University was to pay 10% upfront and the balance in 180 installments, but defaulted, leading the Board to cancel the allotment and re‑allocate some flats to retired employees on the University's request. The University lat…
ARJUN GOPAL AND OTHERSversusUNION OF INDIA AND OTHERS
2018 INSC 98123 October 2018Directions issued
The petitioners, three infants represented by their fathers, sought a ban on firecrackers and related explosives in Delhi/NCR, alleging severe health hazards from air pollution, especially during Diwali. The Court examined the constitutional balance between the right to health (Art.21) and the commercial (Art.19(1)(g))…
BHASKAR SHRACHI ALLOYS LTD. ETC.ETC.versusDAMODAR VALLEY CORPORATION & ORS. ETC.
2018 INSC 62923 July 2018Dismissed
The Damodar Valley Corporation (DVC), incorporated under the 1948 Act, had notified its own tariff before the Electricity Act, 2003 came into force. After the 2003 Act, the Central Electricity Regulatory Commission (CERC) issued a tariff order, which DVC challenged before the Appellate Tribunal. The Tribunal held that …
MAZDOOR KISAN SHAKTI SANGATHANversusTHE UNION OF INDIA & ANR.
2018 INSC 63523 July 2018Disposed off
The Supreme Court examined a public interest litigation filed by Mazdoor Kisan Shakti Sangathan challenging the repeated issuance of Section 144 orders that effectively banned all public meetings, dharnas and peaceful protests in Central Delhi, and the National Green Tribunal's order banning demonstrations at Jantar Ma…
MOHAMMED ZAKIRversusSHABANA & ORS.
2018 INSC 63723 July 2018Disposed off
Mohammed Zakir appealed to the Supreme Court after the Karnataka High Court used Section 362 of the Criminal Procedure Code to recall its own order dated 18‑04‑2017, deeming it "patently erroneous" and withdrawing it. The Supreme Court held that Section 362 is limited to correcting clerical or arithmetical mistakes and…
SHYAM SUNDER AGARWALversusP. NAROTHAM RAO AND ORS.
2018 INSC 63323 July 2018Disposed off
The dispute arose from a 2005 Memorandum of Understanding for the sale of shares, where Clause 12 referred to "Mediators/Arbitrators" making decisions on breaches. The appellant contended that Clause 12 constituted an arbitration clause under the Arbitration and Conciliation Act, 1996. The Court examined Clauses 6, 8, …
THE GAUHATI HIGH COURT THROUGH THE REGISTRAR GENERALversusGOTO ETE & OTHERS
2018 INSC 39223 April 2018Appeal(s) allowed
Three ad‑hoc Additional Deputy Commissioners (Additional Sessions Judges) appointed to Fast Track Courts in Arunachal Pradesh sought regularisation under the proviso to Rule 7 of the Arunachal Pradesh Judicial Service Rules, 2006. The High Court had directed the State to commence a consultation process for their absorp…
UNIVERSITY OF MYSOREversusRAJAIAH (DEAD) BY LRS. & ORS.
2018 INSC 25623 March 2018Appeal(s) allowed
The University of Mysore leased 22 acres of land from the President of India, which was originally gifted by the Maharaja of Mysore, and the lease deed dated 30‑11‑1970 made the University the lawful lessee. Private respondents claimed occupancy rights over portions of this land, alleging that the Karnataka Land Reform…