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Supreme Court of India

Judgments of 2018

100 judgments, newest first.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

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

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 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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

KRISHANAKANT TAMRAKARversusTHE STATE OF MADHYA PRADESH

2018 INSC 28828 March 2018Disposed off

Krishanakan​t 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

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

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

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

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

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

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

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

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

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

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

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

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

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) –

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

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 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

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

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

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

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

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

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

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

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

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

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

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.

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