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Judgments of 2018

794 judgments · newest first · showing 1–200

URVASHIBEN & ANR.versusKRISHNAKANT MANUPRASAD TRIVEDI

2018 INSC 1212Leave Granted & Dismissed

The plaintiff filed a suit for specific performance of an agreement to sell dated 13 March 1992, alleging that the entire consideration of Rs.32 lakh had been paid but the sale deed was never executed and the property was later sold to a third party. The defendants moved an application under Order …

JAMILA BEGUM (D) THR. LRS.versusSHAMI MOHD. (D) THR. LRS. & ANOTHER

2018 INSC 1206Appeal(s) allowed

The plaintiff, Shami Mohd., sued Jamila Begum for a declaration that a 1967 mortgage deed and a 1970 sale deed executed by his father, Wali Mohd., in favour of the defendant were void, alternatively seeking redemption of the mortgage. The trial court held the documents valid and dismissed the suit; …

GANGAPPA AND ANR.versusFAKKIRAPPA

2018 INSC 1210Disposed off

The appellants entered into agreements to sell and sued for specific performance. The trial court impounded the agreements for insufficient stamp duty and ordered payment of the deficit duty plus a penalty of double the duty, which the appellants accepted. The High Court, relying on Digambar Warty …

HUKUM CHANDRA (D) THR. LRS.versusNEMI CHAND JAIN & ORS.

2018 INSC 1208Dismissed

The appellant, a tenant of a shop in Muraina, Madhya Pradesh, faced an eviction suit filed by the landlord under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming the premises were needed for his son Rajendra Kumar's utensil business. The trial court dismissed the …

PRAKASH CHAND DAGAversusSAVETA SHARMA & ORS.

2018 INSC 1213Dismissed

The appellant, Prakash Chand Daga, sold his Santro car to Saveta Sharma on 11 September 2009 and the vehicle was involved in an accident on 9 October 2009, injuring Rakesh Kumar. The Motor Accident Claims Tribunal awarded compensation of Rs.12.47 lakh, holding the driver and the first respondent …

GUPTESWAR BEHERAversusSTATE OF ODISHA AND ANOTHER

2018 INSC 1211Appeal(s) allowed

The victim Raghumani was allegedly attacked by five persons and, while dying, named the assailants in separate statements to his brother (PW1) and the investigating officer (PW15). The prosecution relied on these dying declarations, eye‑witness testimony recorded days later, and medical evidence …

H. K. SINGLAversusAVTAR SINGH SAINI & ORS.

2018 INSC 1209Disposed off

The complainant deposited money with the Employees Co-operative USE Thrift and Credit Society, which failed to repay the amount with interest as promised. The District Forum ordered the society to pay the maturity amount, interest, compensation and costs, and also sentenced the society's secretary, …

M/S. TATA MOTORS LIMITEDversusSTATE OF JHARKHAND AND OTHERS

2018 INSC 1204Dismissed

The appellants, manufacturers and dealers including M/s. Tata Motors Ltd., challenged tax assessments levied by the State of Jharkhand under Section 6 of the Bihar Motor Vehicles Taxation Act, 1994, which imposed tax on motor‑vehicle chassis while in the possession of the manufacturer or dealer …

MANOHAR LAL SHARMAversusNARENDRA DAMODARDAS MODI & ORS.

2018 INSC 1216Dismissed

The Supreme Court heard a group of writ petitions filed as public‑interest litigations challenging the Government of India's procurement of 36 Rafale fighter jets, seeking registration of an FIR, a court‑monitored investigation and quashing of the Inter‑Governmental Agreement on alleged corruption, …

AKHIL BHARTVARSHIYA MARWARI AGARWAL JATIYA KOSH & ORS.versusBRIJLAL TIBREWAL & ORS.

2018 INSC 1215Disposed off

The Trust, a charitable public trust, acquired land and built a housing block (A‑1) of 1009.70 sq meters for weaker sections. Flat purchasers (original plaintiffs) sued for a conveyance of the land underlying the building, claiming entitlement to the entire plot. The trial court decreed that the …

DR. ASHWANI KUMARversusUNION OF INDIA & ORS.

2018 INSC 1201Directions issued

Dr. Ashwani Kumar filed a writ petition under Article 32 seeking enforcement of elderly persons' rights to adequate pension, shelter, geriatric care and effective implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court examined whether Article 21 of the …

STATE OF RAJASTHANversusLEELA RAM @ LEELA DHAR

2018 INSC 1198Appeal(s) allowed

The State of Rajasthan prosecuted Leela Ram for murder after he, along with two co‑accused, attacked the deceased with an axe, inflicting a fatal skull injury. The trial court convicted him under Sections 302, 341 and 323 IPC, but the Rajasthan High Court reduced the murder conviction to culpable …

BHARAT SANCHAR NIGAM LIMITEDversusSURYANARAYANAN & ANR.

2018 INSC 1197Disposed off

The Telecom Department of the erstwhile Telecom Department reported theft of copper and lead alloy moulds, which were seized from the first respondent, Surya Metals, and placed under interim custody of the appellant, Bharat Sanchar Nigam Limited (BSNL), under CrPC s.451. The criminal trial resulted …

M. A. ANTONY @ ANTAPPANversusSTATE OF KERALA

2018 INSC 1193Disposed off

The appellant was convicted of murdering six members of a family and sentenced to death by the trial court, a sentence confirmed by the High Court and upheld by the Supreme Court. On review, the Supreme Court examined whether the appellant's severe socio‑economic deprivation, lack of adequate legal …

BIJAY KUMAR MANISH KUMAR HUFversusASHWIN DESAI

2018 INSC 1195Disposed off

The appellant, a landlord, stepped into the shoes of a lessor who had executed a 99‑year lease in 1992. After the lessee defaulted on rent, the appellant filed a suit in 2007 for recovery of possession, mesne profits and an injunction. The lessee sought dismissal of the suit under Order VII Rule 11, …

RAJENDRA PRALHADRAO WASNIKversusSTATE OF MAHARASHTRA

2018 INSC 1194Disposed off

The appellant was convicted of raping and murdering a three‑year‑old girl and was sentenced to death, a sentence confirmed by the High Court and upheld by the Supreme Court. The appellant filed review petitions, which were initially dismissed but later restored after the Supreme Court’s decision in …

JAIPUR METALS & ELECTRICALS EMPLOYEES ORGANIZATION THROUGH GENERAL SECRETARY MR. TEJ RAM MEENAversusJAIPUR METALS & ELECTRICALS LTD. THROUGH ITS MANAGING DIRECTOR & ORS.

2018 INSC 1196Leave granted

The employees' union of Jaipur Metals & Electricals Ltd challenged a High Court order that refused to transfer winding‑up proceedings, filed under Section 20 of the Sick Industrial Companies Act, to the National Company Law Tribunal (NCLT) and set aside an NCLT order admitting a Section 7 insolvency …

UNION OF INDIA AND ANR.versusV. R. TRIPATHI

2018 INSC 1189Disposed off

The case concerned a son born from his father's second marriage, which was void under Hindu law, who applied for a compassionate appointment after his father's death while in service of Indian Railways. The Railway Board’s circular of 1992, later reiterated in 2013, barred children of such second …

NIPUN SAXENA & ANR.versusUNION OF INDIA & ORS.

2018 INSC 1192Disposed off

The Supreme Court addressed the protection of identity of victims of sexual offences, both adult and child, under IPC s.228A, CrPC s.327 and the POCSO Act. It held that no person may publish the victim's name or any detail that could lead to identification, and FIRs relating to such offences must …

C.B.I.versusPRATAP CHANDRA REDDY

2018 INSC 1186Disposed off

The Supreme Court heard a criminal appeal filed by the CBI against Pratap Chandra Reddy challenging a High Court order that had held the Foreign Contribution (Regulation) Act, 1976 (FCRA) applicable to offences also punishable under the Indian Penal Code. The matter was pending before the Chief …

JASWANT SINGHversusUNION OF INDIA & ANR.

2018 INSC 1182Appeal(s) allowed

Sepoy Jaswant Singh was dismissed and sentenced to six months' rigorous imprisonment by a Summary Court Martial for assaulting a superior officer. He sought to engage a civil advocate under Rule 129 of the Army Rules, 1954, but the Commanding Officer denied the request, relying on Regulation 479 …

SHANTHAMALLESHAPPAversusSTATE OF KARNATAKA

2018 INSC 1183Appeal(s) allowed

The accused were charged under Section 436 read with Section 34 of the IPC for allegedly throwing kerosene on a thatched shed and setting it alight. The trial court convicted all four accused and imposed fines; the High Court enhanced the sentence of accused No.1 and set aside the convictions of the …

STATE OF UTTAR PRADESHversusWASIF HAIDER ETC.

2018 INSC 1181Dismissed

The State of Uttar Pradesh appealed the High Court’s acquittal of Wasif Haider and others for murder, attempted murder and related offences arising from a riot at a temple. The Supreme Court examined whether the appellate court could disturb an acquittal and whether the prosecution had established …

AMOL VITTHALRAO KADUversusSTATE OF MAHARASHTRA & ORS.

2018 INSC 1185Disposed off

Parents and daughter of Pravin filed a writ petition alleging his custodial death in a police lock‑up. The Bombay High Court ordered the State to pay Rs 7 lakhs as compensation and directed that the amount be recovered from the Investigating Officer‑in‑Charge (IOIC). The IOIC appealed, contending …

M/S. EMAAR MGF LAND LIMITEDversusAFTAB SINGH

2018 INSC 1184Dismissed

Emaar MGF Land Ltd. (appellant) entered into a buyer's agreement with Aftab Singh (respondent) that contained an arbitration clause under the Arbitration and Conciliation Act, 1996. Singh filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) invoking the Consumer …

GANESH SUKHDEO GURULEversusTAHSILDAR SINNAR & ORS.

2018 INSC 1179Appeal(s) allowed

The appellant, a Gram Panchayat member, challenged a no‑confidence motion moved by the respondents that was said to have been passed at a special meeting. Nine members constituted the Panchayat, but one member was disqualified for not submitting a caste certificate, leaving eight eligible voters. …

THE DEPOT MANAGER, APSRTCversusM. MARUTHI

2018 INSC 1171Leave Granted & Allowed

The respondent, a contract conductor with APSRTC, was dismissed after a departmental enquiry found him guilty of misconduct. He appealed the dismissal, which was rejected, and an industrial tribunal also confirmed the termination. The respondent filed a writ petition under Article 226 seeking …

APSRTC & ORS.versusSRI K. SATHAIAH

2018 INSC 1172Leave Granted & Allowed

The respondent, a contract driver for APSRTC, was terminated after a departmental enquiry for unauthorized absence and later re‑engaged on a fresh contract. He filed a writ petition under Article 226 seeking continuity of service from the date of termination to the date of re‑engagement, without …

APSRTC & ORS.versusSRI A. SANJEEV REDDY

2018 INSC 1174Leave Granted & Disposed off

The respondent, a contract conductor with APSRTC, was terminated after a departmental enquiry and later re‑engaged on a fresh contract. He filed a writ petition under Article 226 seeking continuity of service and seniority from the date of termination to his re‑engagement, without monetary benefits, …

RAMESHWAR PRASAD SHRIVASTAVA AND ORS.versusDWARKADHIS PROJECTS PVT. LTD. AND ORS.

2018 INSC 1167Disposed off

Nineteen allottees of a housing project filed a collective consumer complaint under Section 12(1)(c) of the Consumer Protection Act, 1986, alleging delayed possession and various deficiencies, but they did not obtain the permission of the District Forum as required by Section 13(6) and Order 1 Rule …

GOPAL SINGH (DEAD) BY LRS.versusSWARAN SINGH & ORS.

2018 INSC 1168Appeal(s) allowed

The land in question was sold under a restricted auction pursuant to the Punjab Package Deal Properties (Disposal) Act, 1976 and later the sale was cancelled by an order of the Deputy Commissioner dated 28 March 1985, which became final. The plaintiffs filed a suit claiming they were bonafide …

NEW INDIA ASSURANCE COMPANY LIMITEDversusRAJESHWAR SHARMA AND ORS.

2018 INSC 1166Disposed off

The insured owned a building that was partially demolished by the Jammu and Kashmir Municipal Corporation under a notice issued to remove encroachments. The insured claimed Rs.19.55 lakh under a fire insurance policy, but the insurer, New India Assurance, relied on Clause V of the policy which …

THE DEPOT MANAGERversusSRI R. K. REDDY

2018 INSC 1176Appeal(s) allowed

The appellant corporation terminated a contract driver after a departmental enquiry proved misconduct, and the termination was upheld at various levels including the labour court. The workman filed a writ petition in the High Court, which, relying on an earlier decision, directed his re‑engagement …

THE DIVISIONAL MANAGER APSRTC & ANR.versusB. VENKATAIAH

2018 INSC 1177Disposed off

The appellant, APSRTC, hired the respondent as a contract driver after a selection process. A departmental enquiry was held, leading to his termination, but he was later re‑engaged on a fresh contract. The respondent filed a writ petition seeking continuity of service from the date of termination to …

THE DEPOT MANAGER & ORS.versusSRI S. KRISHNA

2018 INSC 1175Appeal(s) allowed

The appellant corporation terminated the contract driver, Sri S. Krishna, after a departmental enquiry proved misconduct. The employee challenged the termination through departmental appeal, review, and an industrial dispute, all of which were dismissed. He then filed a writ petition under Article …

UNION OF INDIA AND OTHERSversusCOL. (TS) P. D. POONEKAR

2018 INSC 1165Disposed off

Colonel (TS) P.D. Poonekar, a doctor in the Army Medical Corps, was granted a 24‑month study leave with full pay and allowances. He later obtained a special presidential dispensation to extend the leave by twelve months, but the Union of India stopped his pay for the extended period. The Armed …

APSRTC & ORS.versusG. KONDAL RAO

2018 INSC 1173Leave granted

G. Kondal Rao, a contract conductor with APSRTC, was terminated after a departmental enquiry proved misconduct. He unsuccessfully challenged the termination through departmental and review mechanisms and then filed a writ petition under Article 226 of the Constitution. The Single Judge of the High …

THE CHAIRMAN V. O. CHIDAMBARANAR PORT TRUST & ORS.versusCAPT. PAUL NADAR BENNET SINGH

2018 INSC 1164Case Partly allowed

The Chairman V. O. Chidambaranar Port Trust appointed Capt. Paul Nadar Bennet Singh as a Pilot Officer in 2008 on a regular basis, subject to him qualifying in a pilot‑license examination. In 2012 the Trust terminated his service, alleging that his Certificate of Competency (CoC) as Master issued by …

LAJPAT & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1163Appeal(s) allowed

Lajpat and others were charged under Sections 420, 406 and 504 of the IPC. They filed an application under Section 482 of the Code of Criminal Procedure to quash the charge sheet. The Single Judge of the Allahabad High Court dismissed the application, relying solely on Supreme Court pronouncements …

STATE TRADING CORPORATION OF INDIA LTD.versusM/S GLOBAL STEEL HOLDING LIMITED & ORS.

2018 INSC 1162Disposed off

The State Trading Corporation (STC) entered into a tripartite agreement with Global Steel Holding Ltd. (GSHL) and Global Steel Philippines Inc. (GSPI) for the sale of steel coils, which later gave rise to settlement agreements under the Arbitration and Conciliation Act, 1996. GSHL and GSPI defaulted …

K. LAKSHMINARAYANANversusUNION OF INDIA & ANR.

2018 INSC 1161Leave granted

The petitioners challenged the nomination of three members to the Puducherry Legislative Assembly by the Central Government under Section 3(3) of the Government of Union Territories Act, 1963, arguing that the Central Government must consult the Union Territory’s Council of Ministers or Chief …

SOURABH BRALA AND ORversusUNION OF INDIA AND ORS.

2018 INSC 1218Directions issued

A group of 150 first‑year MBBS students filed a writ petition under Article 32 seeking transfer from Respondent No. 5 College, which had not obtained the necessary approvals, to another college so that they could sit for their examinations. The State Government of Uttarakhand offered to take over …

VIVEK MUDGILversusSTATE OF U.P. & ORS.

2018 INSC 1152Dismissed

Vivek Mudgil was appointed Principal of a college after being selected in a 2002 panel, but he had only 9 years 3 months of teaching experience, short of the 10‑year requirement stipulated in the U.P. Secondary Education Services Selection Board Rules, 1998. His foreign study leave (1992‑1996) could …

S C SINGHversusSTATE OF UTTARAKHAND AND ORS.

2018 INSC 1155Dismissed

The appellant, Director of a College Development Council (CDC) at Hemwati Nandan Bahuguna Garhwal University, challenged a High Court order that, while allowing the CDC to continue, barred him from remaining as Director. The dispute centered on whether the two‑term, three‑year tenure limit in the …

ZAHOOR AHMAD RATHER AND ORS ETCversusSHEIKH IMTIYAZ AHMAD AND ORS ETC

2018 INSC 1159Disposed off

The Jammu & Kashmir State Service Selection Board advertised vacancies for Technician‑III requiring "Matric with ITI" in the relevant trade. Six applicants holding diplomas but no ITI qualification applied, appeared for written tests and interviews, and were later excluded from the final select …

COMPETITION COMMISSION OF INDIAversusBHARTI AIRTEL LIMITED AND OTHERS

2018 INSC 1154Leave granted

Reliance Jio Infocomm Ltd (RJIL) filed an information under the Competition Act, 2002 alleging that the three incumbent dominant operators (Bharti Airtel, Vodafone India and Idea Cellular) and the Cellular Operators Association of India (COAI) colluded to deny or delay augmentation of Point of …

MAHENDER CHAWLA & ORS.versusUNION OF INDIA & ORS.

2018 INSC 1153Disposed off

The petitioners, who were witnesses or relatives of witnesses in the Asaram rape cases, alleged that they faced threats, attacks and even murders, and that the State failed to provide any protection, violating their right to a fair trial under Art. 21. They sought a court‑monitored …

SQN. LDR. (RETD.) NAVTEJ SINGHversusUNION OF INDIA AND ORS.

2018 INSC 1157Appeal(s) allowed

Squadron Leader Navtej Singh, an Indian Air Force officer, applied for permission to marry a Canadian immigrant in 2008 but contracted the marriage without waiting for the required approval. He was later invalidated from service on medical grounds in November 2009. After his retirement, he sought to …

M/S SIMPLEX INFRASTRUCTURE LTDversusUNION OF INDIA

2018 INSC 1158Appeal(s) allowed

Simplex Infrastructure Ltd entered into a contract with the Union of India for construction of shelters, which led to arbitration and an award dated 27 October 2014 in favour of Simplex. The Union of India filed a Section 34 application before the District Judge on 30 January 2015, which was …

SANJAY KUMAR JHAversusPRAKASH CHANDRA CHAUDHARY & ORS.

2018 INSC 1160Leave Granted & Allowed

The case concerned the allotment of a diesel/petrol retail outlet by Indian Oil Corporation, where Sanjay Kumar Jha was initially empanelled first and the outlet was awarded to him, but the second‑ranked applicant, Prakash Chandra Chaudhary, obtained a writ order directing the corporation to issue …

SP SINGLA CONSTRUCTIONS PVT. LTD.versusSTATE OF HIMACHAL PRADESH AND ANOTHER

2018 INSC 1149Disposed off

The appellant, a construction contractor, entered into a contract with the State of Himachal Pradesh that contained Clause 65, which stipulated that any dispute would be referred to a sole arbitrator appointed by the Engineer‑in‑Chief. When a dispute arose, the Chief Engineer appointed the …

SRI MAHABIR PROSAD CHOUDHARYversusM/S. OCTAVIUS TEA AND INDUSTRIES LTD. AND ANR.

2018 INSC 1145Dismissed

The appellant, an accountant, was dismissed by the respondent company and the dispute was referred to the Fifth Industrial Tribunal under the West Bengal Industrial Disputes Rules, 1958. The workman appeared before the Tribunal while the company did not; the workman filed a written statement but the …

V. K. GIRIJA V. RESHMA PARAYIL & ORS.versusRESHMA PARAYIL & ORS.

2018 INSC 1147Dismissed

V.K. Girija was appointed as a Higher Secondary School Teacher (Economics) by direct recruitment. Reshma Parayil, a Higher Secondary School Assistant, claimed that the vacancy should have been filled by transfer under Rule 4(2) of the Kerala Education Rules, 1959. The State Government ordered her …

SURENDRA SINGH & ANR.versusSTATE OF UTTARAKHAND

2018 INSC 1148Dismissed

The appellants Surendra Singh and Ram Singh were convicted for the murder of shopkeeper Rajendra Kumar based on a series of circumstantial facts, including motive, being the last persons seen with the victim, recovery of stolen items and blood‑stained clothing at their homes, identification of those …

MUNICIPAL CORPORATION OF GREATER MUMBAI & ANR.versusPRATIBHA INDUSTRIES LTD. & ORS.

2018 INSC 1151Disposed off

The Municipal Corporation of Greater Mumbai issued a tender for water meters, which was accepted and a contract containing a clause stating "No Arbitration is allowed" was executed. The respondent filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an injunction, …

DILBAG RAIversusTHE STATE OF HARYANA & ORS.

2018 INSC 1139Disposed off

The appellant filed a complaint alleging that the respondent sold a property without title, inducing the appellant to pay Rs.10 lakh, leading to an FIR under sections 406, 420, 467, 468, 471 and 506 IPC. The High Court quashed the FIR under Section 482 of the CrPC, holding that the FIR did not show …

MEERA MISHRAversusSATISH KUMAR & ORS.

2018 INSC 1133Case Partly allowed

The dispute concerned the right to operate a Fair Price Shop in Sitapur, Uttar Pradesh, where the Sub‑Divisional Magistrate cancelled the licence of respondent No.1 and the Commissioner dismissed the subsequent appeals. Respondent No.1 filed a writ petition, and the High Court set aside both the SDM …

STATE OF PUNJABversusRAKESH KUMAR

2018 INSC 1131Appeal(s) allowed

The accused were apprehended with bulk quantities of manufactured narcotic drugs and were convicted under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court, however, suspended their sentences under Section 389 of the Code of Criminal Procedure, holding …

DAMODAR VALLEY CORPORATIONversusCENTRAL ELECTRICITY REGULATORY COMMISSION & OTHERS

2018 INSC 1127Dismissed

The Damodar Valley Corporation (DVC), a statutory body under the Damodar Valley Corporation Act, 1948, sought a tariff order from the Central Electricity Regulatory Commission (CERC) and claimed that, under Section 38 of the DVC Act, it was entitled to interest on its entire capital in addition to …

KANUBHAI BHAGVANBHAI NAYAKversusSTATE OF GUJARAT

2018 INSC 1130Leave granted

Kanubhai Bhagvanbhai Nayak was convicted of murder under Section 302 of the Indian Penal Code by a Sessions Court, and the Gujarat High Court affirmed the conviction. The appellant challenged the High Court's order, contending that it neither referenced nor evaluated the trial evidence nor recorded …

OMVEER SINGHversusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1134Leave granted

Omveer Singh appealed to the Supreme Court after a Single Judge of the Allahabad High Court dismissed his application under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint (Sections 498A, 323, 376 IPC and Sections 3 and 4 of the Dowry Prohibition Act). The High …

DR. JAGDISH PRASAD & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1135Leave granted

The appellants, Dr. Jagdish Prasad and others, filed a criminal complaint under IPC sections 498A and 323 and the Dowry Prohibition Act. They sought to quash the complaint and the proceedings by invoking Section 482 of the Code of Criminal Procedure. The Single Judge of the Allahabad High Court …

SANGEETA AGRAWAL & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1137Leave granted

The appellants filed an application under Section 482 of the Code of Criminal Procedure seeking to quash a charge sheet and criminal proceedings arising under IPC sections 498A, 304B and the Dowry Prohibition Act. The Single Judge of the Allahabad High Court dismissed the application without setting …

GEETA & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1138Leave granted

Geeta and others filed an application under Section 482 of the Criminal Procedure Code seeking to quash the FIR and proceedings under Section 498A of the IPC. The Single Judge of the Allahabad High Court dismissed the application, relying only on legal principles and without detailing the factual …

MALLAPPA DEAD BY L.RS. & ORS.versusTHE SPECIAL LAND ACQUISITION OFFICER & ANR.

2018 INSC 1128Disposed off

The State of Karnataka acquired 24 acres of land in Hubli under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 for an industrial estate. The Special Land Acquisition Officer initially awarded compensation at Rs.500 per Gunta, which was challenged and the Reference Court fixed …

SHRI H.D. SHARMAversusNORTHERN INDIA TEXTILE RESEARCH ASSOCIATION

2018 INSC 1129Dismissed

The appellant, a workman, was dismissed for misconduct and the employer sought approval of the dismissal under Section 6E(2) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires that the workman be paid wages for one month before dismissal. The appellant claimed that his monthly wages …

JOHRA & ORS.versusSTATE OF HARYANA & ORS.

2018 INSC 1140Leave granted

The Punjab and Haryana High Court disposed of a writ petition filed by a Gram Panchayat seeking a fact‑finding inquiry and restoration of land allegedly encroached upon by private respondents, directing the Deputy Commissioner to act without hearing those private respondents. The private respondents …

ROSHINA TversusABDUL AZEEZ K.T. & ORS.

2018 INSC 1142Leave granted

The dispute concerned possession of a flat in Kozhikode between private individuals Roshina T (appellant) and Abdul Azeez K.T. (respondent No.1). While a civil suit for injunction was pending, the respondent filed a writ petition under Articles 226/227 of the Constitution seeking a mandamus …

MASROOR AHMAD KHANversusSTATE OF UTTARAKHAND & ORS.

2018 INSC 1132Leave granted

The appellant claimed to have been the highest bidder in a 1990 auction of residential quarter No.6 by the Nagar Palika and asserted that he had occupied the quarter since June 1990. He sought a direction under Section 35 of the Municipalities Act for the Nagar Palika to execute a sale deed in his …

SURESH CHANDRAversusU.P. AVAS EVAM VIKAS PARISHAD & ORS.

2018 INSC 1143Appeal(s) allowed

The appellant, Suresh Chandra, had bid the highest price for a 639.75 sq.m plot owned by Uttar Pradesh Avas Evam Vikas Parishad, but the Parishad re‑auctioned the land alleging the bids did not reflect market value. The appellant filed a writ petition challenging the re‑auction; the High Court …

SURJEET SINGH & ANR. ETC. ETC.versusSADHU SINGH & ORS.

2018 INSC 1136Dismissed

The Supreme Court heard civil appeals filed by Surjeet Singh and others against Sadhu Singh and others, challenging a Himachal Pradesh High Court order that remanded the matter to the first appellate court for fresh consideration of the first appeal and cross‑objection. The appellants contended that …

MANJU SAXENAversusUNION OF INDIA & ANR.

2018 INSC 1141Dismissed

Manju Saxena, a senior confidential secretary of HSBC Bank, was terminated after her post became redundant and she refused four alternate positions offered at the same pay scale, as well as a severance package. She raised an industrial dispute seeking an enhanced severance package, but the Central …

NHPC LIMITEDversusM/S PATEL ENGINEERING LIMITED

2018 INSC 1124Disposed 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 …

ALEEMUDDINversusSTATE OF UTTAR PRADESH AND OTHERS

2018 INSC 1126Disposed 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 REP. BY THE DRUGS INSPECTORversusMANIMARAN

2018 INSC 1122Leave 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, …

THE STATE OF BIHAR AND ORS.versusKIRTI NARAYAN PRASAD

2018 INSC 1123Disposed 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 …

SUNKARA LAKSHMINARASAMMA (D) BY LRS.versusSAGI SUBBA RAJU & OTHERS ETC.

2018 INSC 1113Dismissed

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, …

NARAYAN MALHARI THORATversusVINAYAK DEORAO BHAGAT AND ANR.

2018 INSC 1117Leave 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 …

UNION OF INDIAversusNARESHKUMAR BADRIKUMAR JAGAD & ORS.

2018 INSC 1114Disposed 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 …

CHHANNU LAL VERMAversusTHE STATE OF CHHATTISGARH

2018 INSC 1112Case 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" …

THE STATE OF HIMACHAL PRADESHversusMANGA SINGH

2018 INSC 1120Leave 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 …

PALANIversusSTATE OF TAMIL NADU

2018 INSC 1105Dismissed

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 …

CCI PROJECTS (P) LTD.versusVRAJENDRA JOGJIVANDAS THAKKAR

2018 INSC 1108Disposed 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 …

ALOK KUMAR SINGH & OTHERSversusSTATE OF U.P. & OTHERS

2018 INSC 1107Directions 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 …

GAGANDEEP SINGHversusTHE STATE OF PUNJAB & ORS.

2018 INSC 1102Leave 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 …

SAMPURNA BEHRUAversusUNION OF INDIA & ORS.

2018 INSC 1110Directions 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 …

DINESH KUMAR KASHYAP & ORS. ETC.versusSOUTH EAST CENTRAL RAILWAY & ORS. ETC.

2018 INSC 1103Leave 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 …

STATE OF MADHYA PRADESH AND OTHERSversusABHIJIT SINGH PAWAR

2018 INSC 1101Leave 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., …

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 1100Dismissed

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 …

STATE OF TAMIL NADU & ANR.versusM. MANGAYARKARASI AND ETC.

2018 INSC 1096Leave 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 …

SOUTH DELHI MUNICIPAL CORPORATIONversusSMS AAMW TOLLWAYS PRIVATE LTD.

2018 INSC 1089Leave Granted & Allowed

The South Delhi Municipal Corporation (SDMC) entered into a 2011 agreement with SMS AAMW Tollways Private Ltd for toll tax collection, which included Clause 16 detailing a two‑stage dispute‑resolution mechanism: first to a Competent Officer and then an appeal to the Commissioner. After a loss of …

THE CENTRAL BOARD OF SECONDARY EDUCATION AND ANR.versusT. K. RANGARAJAN AND ORS.

2018 INSC 1091Leave Granted & Allowed

The Central Board of Secondary Education (CBSE) appealed against a Madras High Court order that awarded four grace marks for each of 49 mistranslated Tamil questions in the NEET‑UG 2018 exam, benefitting about 24,000 candidates. The High Court had held that the Tamil translations were ambiguous and …

M.C. MEHTAversusUNION OF INDIA & ORS.

2018 INSC 1094Directions issued

The Supreme Court examined a dispute arising from the sealing of an illegal dairy in Gokalpur, Delhi, which was ordered by the Veterinary Services Department of the East Delhi Municipal Corporation under the Delhi Municipal Corporation Act, 1957. The seal was broken by elected Member of Parliament …

DR. DHRUVARAM MURLIDHAR SONARversusTHE STATE OF MAHARASHTRA & ORS.

2018 INSC 1092Leave Granted & Allowed

The appellant, a government medical officer, was charged under Section 376(2)(b) IPC, Section 420 IPC read with Section 34, and Section 3(1)(x) of the SC/ST Act after a widow nurse alleged that he had a consensual relationship and failed to marry her. The appellant sought quashing of the FIR and …

SANTOSH @ SANTOSH KUMARversusSTATE OF KERALA

2018 INSC 1069Leave Granted & Allowed

Santosh Kumar was convicted under Section 55(a) of the Kerala Abkari Act for the illegal seizure of spirit, along with two co‑accused, and was sentenced by the Sessions Court to five years of rigorous imprisonment and a fine of Rs.1 lakh. The Kerala High Court upheld the conviction but reduced the …

VIMLA DEVI & ORS.versusNATIONAL INSURANCE COMPANY LIMITED & ORS.

2018 INSC 1076Leave Granted & Allowed

The claimants, the wife and two minor children of a deceased bus passenger, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the insurer, driver and owner of the offending truck, seeking compensation for death. The Motor Accident Claims Tribunal dismissed the petition …

VIJAY PULLARWAR & ORS.versusSHRI HANUMAN DEOSTHAN,A PUBLIC TRUST THROUGH ITS TRUSTEES

2018 INSC 1066Appeal(s) allowed

The plaintiff, Shri Hanuman Deosthan, a public trust registered under the Maharashtra Public Trusts Act, 1950, sued the defendants for possession of House No.878 in Circle No.3, claiming it was trust property. The trial court decreed possession in favour of the trust, but the first appellate court …

MAHENDRA PRATAP DUBEYversusMANAGING OFFICER, EVACUEE PROPERTY & ORS.

2018 INSC 1064Dismissed

The appellant claimed title to a suit property through respondent No.4, alleging that a sale certificate issued by the Custodian of Evacuee Property under the 1950 Act was genuine, while respondent No.3 had obtained a sale certificate from the Managing Officer under the Displaced Persons …

HARI MOHAN SHARMA & ANR.versusCHARANJEET SINGH REKHI & ORS. ETC.

2018 INSC 1067Appeal(s) allowed

The plaintiff filed two suits for specific performance against Charanjeet Singh Rekhi (deceased) and his wife Manjit Kaur, claiming they were parties to a sale agreement. Two other individuals, also named Charanjeet Singh Rekhi from Moradabad and Uttarakhand, filed Interlocutory Applications …

SALEM MUNICIPALITYversusP. KUMAR & ORS.

2018 INSC 1058Appeal(s) allowed

The case concerned a parcel of land that formed part of the Chinneri tank bund, leased intermittently by the predecessor S. Vijayaranga Mudaliar and later purchased by P. C. Pachiappan. The plaintiff sought declaration of title and a permanent injunction against the State of Tamil Nadu, Salem …

U.P. JAL NIGAM & ORS.versusAJIT SINGH PATEL & ORS.

2018 INSC 1061Leave Granted & Disposed off

U.P. Jal Nigam (appellant) had declared the appointments of 122 candidates void on 11 August 2017, but the Allahabad High Court set aside that order, holding it violated natural justice and that the authority had not distinguished between tainted and untainted candidates. The High Court granted the …

DR. NAGORAO SHIVAJI CHAVANversusDR. SUNIL PURUSHOTTAM BHAMRE & ORS.

2018 INSC 1062Leave Granted & Allowed

The appellant, Dr. Nagorao Shivaji Chavan, challenged his transfer to the post of Civil Surgeon, Jalgaon, arguing that the order violated the three‑year normal tenure prescribed under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties …

P.E.C. LIMITEDversusAUSTBULK SHIPPING SDN BHD

2018 INSC 1053Dismissed

P.E.C. Limited chartered a vessel from Austbulk Shipping and a dispute arose over freight and demurrage. The parties had an arbitration clause in the charter party, and a sole arbitrator awarded US$150,362.18 to Austbulk. P.E.C. filed a petition for enforcement of the foreign award in the Delhi High …

LABHUJI AMRATJI THAKOR & ORS.versusTHE STATE OF GUJARAT & ANR.

2018 INSC 1049Appeal(s) allowed

The case arose from an FIR under IPC sections 363 and 366 and POCSO Act sections 3 and 4 alleging that a 14‑year‑old girl was abducted and sexually assaulted by Natuji Thakor. The victim’s later statements mentioned three other persons – Labhuji, Shashikant and Jituji – who were present in the …

COMMON CAUSEversusUNION OF INDIA & ORS.

2017 INSC 700IA disposed

The Supreme Court examined the legality of Sarda Mines Private Limited’s (SMPL) mining operations after it received a permission on 13 July 1999 to extract 1.4 LTPA of mineral iron ore and an environmental clearance on 22 September 2004 for expanding production of iron ore (lump) to 4.0 MTPA. The …

LOUREMBAM DEBEN SINGH & ORS.versusUNION OF INDIA & ORS. ETC.

2018 INSC 1045Dismissed

Petitioners, police personnel of Manipur Police, filed writ petitions under Article 32 seeking a mandamus to quash oral observations made by the Supreme Court on 30 July 2018 in the EEVFAM case and to obtain the bench's recusal, alleging that those observations would prejudice the investigations and …

PRATAP MEHTAversusSUNIL GUPTA & ORS.

2018 INSC 1041Dismissed

The State Bar Council of Madhya Pradesh held elections in June 2014 to choose its representative to the Bar Council of India (BCI). After the Chairman was elected on 29 June 2014, the meeting was adjourned and a special meeting was convened on 2 August 2014 without issuing a fresh agenda or the …

NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusSMT. SUJATHA

2018 INSC 1036Disposed off

Mallikarjuna, a driver employed by the North East Karnataka Road Transport Corporation, died of a heart attack while on duty on 6 April 1999. His widow filed a claim under the Workmen’s Compensation Act, 1923 and the Commissioner awarded Rs 3,79,120 with a direction that interest at 12% per annum …

HIMACHAL PRADESH CRICKET ASSOCIATION & ANR.versusSTATE OF HIMACHAL PRADESH & ORS.

2018 INSC 1039Disposed off

The Himachal Pradesh Cricket Association (HPCA) was granted lease of government land to build a world‑class cricket stadium, later receiving additional land for a club house and a hotel at commercial rates. Two FIRs were filed alleging illegal lease grants, cheating, criminal breach of trust and …

BABASAHEB MARUTI KAMBLEversusSTATE OF MAHARASHTRA

2018 INSC 1031Appeal(s) allowed

Babasaheb Maruti Kamble was convicted of murder, rape and kidnapping, receiving a death sentence for murder, life imprisonment for rape and two months' simple imprisonment for kidnapping. The Sessions Court referred the death sentence to the High Court, which affirmed both conviction and death …

SANJAY JAINversusNATIONAL AVIATION CO. OF INDIA LTD.

2018 INSC 1032Appeal(s) allowed

Sanjay Jain, a permanent Assistant Aircraft Engineer with Air India, served a five‑year bond and thereafter gave a 30‑day notice of resignation effective 1 October 2006. After the notice period, Air India refused to accept his resignation and demanded he report for duty, withholding his pending …

NAGPUR IMPROVEMENT TRUSTversusSHEELA RAMCHANDRA TIKHE

2018 INSC 1028Appeal(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 …

KAMILversusSTATE OF UTTAR PRADESH

2018 INSC 1027Dismissed

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 …

REENA HAZARIKAversusSTATE OF ASSAM

2018 INSC 1029Leave 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 …

AMBADAS LAXMAN SHINDE AND ORS.versusTHE STATE OF MAHARASHTRA

2018 INSC 1023Appeal(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 …

JANGIR SINGHversusTHE STATE OF PUNJAB

2018 INSC 1025Disposed 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 …

J. S. LUTHRA ACADEMY & ANOTHERversusSTATE OF JAMMU AND KASHMIR & OTHERS

2018 INSC 1018Appeal(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 …

SUSHILA N. RUNGTA (D) LRS.versusTHE TAX RECOVERY OFFICER-16(2) AND ORS.

2018 INSC 1020Appeal(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 …

MANAGEMENT, HINDUSTAN MACHINE TOOLS LTDversusGHANSHYAM SHARMA

2018 INSC 1016Case 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 …

STATE OF KERALAversusRASHEED

2018 INSC 1021Appeal(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 …

STATE OF MIZORAMversusDR. C. SANGNGHINA

2018 INSC 1019Leave 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 …

STATE (GOVT. OF NCT OF DELHI)versusPANKAJ CHAUDHARY AND ORS.

2018 INSC 1017Disposed 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 …

KALPANA VYASversusRAJ KUMAR RANGWANI

2018 INSC 1012Leave 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 …

LT. GEN. MANOMOY GANGULY, VSMversusUNION OF INDIA AND OTHERS

2018 INSC 1013Appeal(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 …

M/S. CARAVEL SHIPPING SERVICES PVT. LTD.versusM/S. PREMIER SEA FOODS EXIM PVT. LTD.

2018 INSC 1008Leave 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 …

THE STATE OF BIHAR AND ORS.versusBALIRAM SINGH & ORS.

2018 INSC 1010Appeal(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 …

RAMVIRversusSTATE OF UTTAR PRADESH

2018 INSC 999Appeal(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 …

S. SAROJINI AMMAversusVELAYUDHAN PILLAI SREEKUMAR

2018 INSC 1005Leave 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 …

DR. AMIT KUMARversusDR. SONILA & ORS.

2018 INSC 1007Leave 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 …

DALIP SINGH AND OTHERSversusSTATE OF HARYANA AND OTHERS

2018 INSC 995Leave 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 …

JITENDRA @ KALLAversusSTATE OF GOVT. OF NCT OF DELHI

2018 INSC 997Disposed 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 …

GOPAL JHAversusTHE HON’BLE SUPREME COURT OF INDIA

2018 INSC 998Disposed 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 …

M. C. MEHTAversusUNION OF INDIA & ORS.

2018 INSC 982Directions 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 …

NEHRU GRAM BHARATI UNIVERSITYversusSTATE OF U.P. & ORS.

2018 INSC 989Leave 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) …

ASAR MOHAMMAD AND ORS.versusTHE STATE OF U.P.

2018 INSC 985Disposed 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 …

KAMALA AND OTHERSversusM.R. MOHAN KUMAR

2018 INSC 984Appeal(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 …

THE STATE OF MADHYA PRADESHversusRAJARAM @ RAJA

2018 INSC 986Dismissed

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, …

RAM AVATAR SONIversusMAHANTA LAXMIDHAR DAS AND ORS.

2018 INSC 988Leave 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 …

GOVINDAMMAL (DEAD) BY LRS. AND ORS.versusVAIDIYANATHAN AND ORS.

2018 INSC 974Dismissed

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 …

BHAGIRATHversusTHE STATE OF MADHYA PRADESH

2018 INSC 975Appeal(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 …

AJIT KR. BHUYAN AND OTHERSversusDEBAJIT DAS AND OTHERS

2018 INSC 977Leave 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 …

ARJUN GOPAL AND OTHERSversusUNION OF INDIA AND OTHERS

2018 INSC 981Directions 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 …

KAMAL NATHversusELECTION COMMISSION OF INDIA AND OTHERS

2018 INSC 968Dismissed

Kam​al Nath, President of the Madhya Pradesh Congress Committee, filed a writ petition under Article 32 seeking (i) VVPAT verification at 10% of polling stations and (ii) that the Election Commission of India (ECI) publish the draft electoral roll in a searchable PDF (text‑searchable) format. The …

SEBASTIANI LAKRA & ORS.versusNATIONAL INSURANCE COMPANY LTD. & ANR.

2018 INSC 967Appeal(s) allowed

The deceased employee died in a motor vehicle accident and his family claimed compensation under Section 168 of the Motor Vehicles Act, 1988. The Motor Accidents Claim Tribunal awarded Rs 40,90,000, but the insurer argued that the monthly Rs 50,082 received by the family under the Employees Family …

OM PRAKASH AGARWAL SINCE DECEASED THR. LRS. & ORS.versusVISHAN DAYAL RAJPOOT & ANR.

2018 INSC 970Appeal(s) allowed

The landlord filed a small‑cause suit for eviction, rent and damages against the tenant. The suit, originally valued at Rs.21,175, was later amended to Rs.27,775 and transferred to an Additional District Judge (ADJ) because its value exceeded the then pecuniary limit of Rs.25,000 for a Small Causes …

THE INCOME TAX OFFICERversusURBAN IMPROVEMENT TRUST

2018 INSC 971Leave Granted & Allowed

The Urban Improvement Trust (UIT) of Kota, created under the Rajasthan Urban Improvement Act, 1959, claimed exemption from income tax under Section 10(20) of the Income Tax Act, 1961, asserting that it qualified as a "local authority" within the meaning of clause (iii) of the explanation – i.e., a …

M/S. TVS MOTOR COMPANY LTD.versusTHE STATE OF TAMIL NADU AND OTHERS

2018 INSC 965Leave Granted & Disposed off

The appellants, registered dealers under the Tamil Nadu Value Added Tax Act, challenged the denial of input tax credit (ITC) on inter‑state sales where Form C was not filed, contending that Section 19(5)(c) of the Act and Rule 10(9)(a) of the Rules were unconstitutional. The Supreme Court held that …

UPPALA BIXAM @ BIXMAIAHversusTHE STATE OF ANDHRA PRADESH

2018 INSC 953Appeal(s) allowed

The appellant was convicted for the murder of a shepherd, Ramesh, and for concealing the body under sections 302 and 201 of the IPC, based largely on an alleged confessional statement and the recovery of three sheep allegedly sold by the appellant. The prosecution could not positively identify the …

B.K. EDUCATIONAL SERVICES PRIVATE LIMITEDversusPARAG GUPTA AND ASSOCIATES

2018 INSC 956

The Supreme Court considered an appeal by B.K. Educational Services Pvt. Ltd. challenging the applicability of the Limitation Act, 1963 to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code (IBC) and the retrospective effect of the newly inserted Section 238A. The Court …

VEDANTA LTD.versusSHENZEN SHANDONG NUCLEAR POWER CONSTRUCTION CO. LTD.

2018 INSC 959Leave Granted & Disposed off

Vedanta Ltd entered into four EPC contracts with Shenzen Shandong Nuclear Power Construction Co. Ltd for a 210‑MW co‑generation plant. After termination of the contracts, the Chinese company invoked the arbitration clause and obtained an award granting sums in INR and EUR, with interest at 9% for …

BILAL HAJAR @ ABDUL HAMEEDversusSTATE REP. BY THE INSPECTOR OF POLICE

2018 INSC 945Dismissed

The appellant, A-6, was convicted under Section 120-B of the IPC for participating in a criminal conspiracy to murder Siva. The prosecution alleged that nine accused met at A-6's house on 1 September 1991, decided to kill Siva, and the murder was carried out on 5 September 1991 by some of the …

PRADEEP BISOI @ RANJIT BISOIversusTHE STATE OF ODISHA

2018 INSC 950Dismissed

The appellant, Pradeep BisoI, was convicted under Section 304 Part II IPC for causing the death of Bhaskar Sahu through a bomb and acid attack. The victim had given a detailed statement to the investigating officer on 5 December 1990 under Section 161 of the CrPC, but died on 25 March 1991, more …

MOHD. SAHID AND OTHERSversusRAZIYA KHANAM (D) THR. LRS. AND ANOTHER

2018 INSC 949Leave Granted & Dismissed

The original civil suit filed in 1979 sought cancellation of alleged forged sale deeds and an injunction. After a series of proceedings, the suit was decreed ex parte on 10 May 2012. The appellants filed an application under Section 5 of the Limitation Act seeking condonation of a 349‑day delay, …

SUSHIL KUMAR AGARWALversusMEENAKSHI SADHU & ORS.

2018 INSC 939Dismissed

The appellant, a developer, entered into a development agreement with the respondents, owners of a plot of land, to construct a building, but the owners later denied execution of the agreement. The developer sued for specific performance of the contract. The Supreme Court examined whether Section …

DASHRATH SINGH CHAUHANversusCENTRAL BUREAU OF INVESTIGATION

2018 INSC 940Appeal(s) allowed

The appellant, a DESU employee, was alleged to have demanded a bribe of Rs.4,000 from a complainant and to have directed the complainant to give the money to a co‑accused, who accepted it. The trial court acquitted both accused of conspiracy under Section 120‑B IPC but convicted the appellant under …

MEDICAL COUNCIL OF INDIAversusLORD BUDDHA EDUCATIONAL SOCIETY & ORS.

2018 INSC 943Appeal(s) allowed

The Medical Council of India (MCI) and the Union of India debarred Lord Buddha Educational Society’s medical college for the 2018‑19 academic year after inspections revealed gross deficiencies in faculty, resident numbers and bed occupancy, invoking Regulation 8(3)(1)(a) of the 1999 Medical College …

ARCELORMITTAL INDIA PRIVATE LIMITEDversusSATISH KUMAR GUPTA & ORS.

2018 INSC 935Disposed off

The Supreme Court examined the eligibility of ArcelorMittal India Private Ltd (AMIPL) and Numetal Ltd to submit resolution plans for Essar Steel India Ltd (ESIL) under the Insolvency and Bankruptcy Code (IBC) after the introduction of Section 29A. The Court held that disqualification under …

THE UTTAR BIHAR GRAMIN BANK & ORS.versusNARENDRA KUMAR SINHA

2018 INSC 924Leave Granted & Disposed off

The respondent, Narendra Kumar Sinha, was dismissed by Uttar Bihar Gramin Bank on three misconduct charges, all of which were found proved in a departmental enquiry. He appealed to the Appellate Authority, which dismissed his appeal, leading him to file multiple writ petitions in the Patna High …

RAM LALversusSTATE OF HIMACHAL PRADESH

2018 INSC 918Case Partly allowed

Ram Lal, a peon employed by United Commercial Bank, was assigned clerical duties of a cash clerk and allegedly misappropriated Rs.38,500 by pocketing deposits and forging entries to enable withdrawals. The prosecution relied heavily on two extra‑judicial confession statements made by the accused in …

UNION OF INDIA & ANR.versusMOHIT MINERAL PVT. LTD.

2018 INSC 929Leave Granted & Disposed off

The Union of India challenged the validity of the Goods and Services Tax (Compensation to States) Act, 2017 and the accompanying Compensation Cess Rules, arguing that Parliament lacked legislative competence to levy a compensation cess and that the levy amounted to double taxation on the same …

TELANGANA JUDGES ASSOCIATION & ANR.versusUNION OF INDIA & ORS.

2018 INSC 926Leave Granted & Disposed off

The Telangana Judges Association challenged the draft and modified guidelines for allocating subordinate judicial officers between Andhra Pradesh and Telangana, arguing that the guidelines favored Andhra officers and violated their rights. The Supreme Court examined the constitutional scheme, the …

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARHversusSTATE OF PUNJAB AND ORS.

2018 INSC 921Leave Granted & Allowed

The Punjab Superior Judicial Service recruited officers in 2008 through three streams – promotees (50% quota), out‑of‑turn promotees (25% quota) and direct recruits (25% quota). A seniority list dated 24‑12‑2015 placed promotees at the top, direct recruits next, out‑of‑turn promotees thereafter, and …

RAJASTHAN CYLINDERS AND CONTAINERS LIMITEDversusUNION OF INDIA AND ANOTHER

2018 INSC 916Disposed off

The Supreme Court examined a Competition Commission of India (CCI) investigation into alleged bid‑rigging by LPG cylinder manufacturers in a tender floated by Indian Oil Corporation Ltd. (IOCL). The CCI and the Competition Appellate Tribunal (COMPAT) had found that the manufacturers colluded, …

KODUNGALLUR FILM SOCIETY & ANR.versusUNION OF INDIA & ORS.

2018 INSC 917Disposed off

The Kodungallur Film Society filed a writ petition under Article 32 seeking directions to prevent mob violence against cultural establishments, especially following protests over films like Padmaavat. The Court examined whether the State must implement the guidelines from In Re: Destruction of …

DR. S. K. JHUNJHUNWALAversusMRS. DHANWANTI KAUR & ANR.

2018 INSC 915Appeal(s) allowed

Dr. S.K. Jhunjhunwala performed a laparoscopic cholecystectomy on Mrs. Dhanwanti Kaur, but intra‑operatively discovered inflammation and converted to an open gall‑bladder removal. The patient alleged she had only consented to laparoscopy, claimed negligence and post‑operative ailments, and was …

ROMILA THAPAR AND ORS.versusUNION OF INDIA AND ORS.

2018 INSC 912Disposed 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 …

HEMUDAN NANBHA GADHVIversusSTATE OF GUJARAT

2018 INSC 909Dismissed

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, …

M. SIDDIQ (D) THR. LRS.versusMAHANT SURESH DAS AND OTHERS ETC.

2019 INSC 1231Directions 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. …

JOSEPH SHINEversusUNION OF INDIA

2018 INSC 898Appeal(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 …

PADMINI SINGHAversusTHE STATE OF ASSAM & OTHERS

2018 INSC 901Appeal(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, …