STATE OF HIMACHAL PRADESHversusRAJ KUMAR
2018 INSC 98 January 2018Appeal(s) allowed
The deceased Meena Devi lived with her two children and her brother‑in‑law Raj Kumar in a joint family house. On the night of 23 August 2007, Raj Kumar, in a drunken state, assaulted Meena Devi, took her to another accused’s house, and she was later found dead, hanging from a tree. The trial court convicted Raj Kumar u…
UNION TERRITORY, CHANDIGARH ADMINISTRATION AND ORS.versusPRADEEP KUMAR AND ANOTHER
2018 INSC 108 January 2018Appeal(s) allowed
The Union Territory of Chandigarh Administration sought to appoint candidates as constables, but two respondents were denied employment after a Screening Committee found them unsuitable despite their acquittal in criminal cases under IPC sections 323 and 506. The respondents challenged the cancellation, arguing that an…
NAGAIAH AND ANOTHERversusSMT. CHOWDAMMA (DEAD) BY LRS. AND ANOTHER
2018 INSC 68 January 2018Appeal(s) allowed
The appellants, two brothers, filed a suit in 1985 seeking a declaration that they were entitled to two‑thirds of a family property and that a sale deed executed by their father in favour of the second defendant was not binding on their share. The suit was filed on behalf of the younger brother, who was a minor at the …
THE DEPOT MANAGER, APSRTCversusM. MARUTHI
2018 INSC 11717 December 2018Leave 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 re‑engagement and continui…
APSRTC & ORS.versusSRI K. SATHAIAH
2018 INSC 11727 December 2018Leave 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 monetary benefit, for t…
APSRTC & ORS.versusSRI A. SANJEEV REDDY
2018 INSC 11747 December 2018Leave 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, for the purpose of …
RAMESHWAR PRASAD SHRIVASTAVA AND ORS.versusDWARKADHIS PROJECTS PVT. LTD. AND ORS.
2018 INSC 11677 December 2018Disposed 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 8 of the CPC. The Na…
GOPAL SINGH (DEAD) BY LRS.versusSWARAN SINGH & ORS.
2018 INSC 11687 December 2018Appeal(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 purchasers and seeking a d…
STATE OF GUJARATversusNAVINBHAI CHANDRAKANT JOSHI (MISCELLANEOUS APPLICATION NO. 2597 OF 2018)
2018 INSC 11697 December 2018Directions issued
In a petition filed by the accused (respondent No.1, also accused No.2) seeking modification of a prior judgment, the Supreme Court examined whether the earlier finding that he was a Government servant was factual. The court noted that the accused was not a Government servant, but a bribe amount in Rs.500 currency note…
NEW INDIA ASSURANCE COMPANY LIMITEDversusRAJESHWAR SHARMA AND ORS.
2018 INSC 11667 December 2018Disposed 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 excluded loss caused "by …
APSRTC REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR MUSHIRABAD AND OTHERSversusA.U.M. RAO
2018 INSC 12197 December 2018Disposed off
The Andhra Pradesh State Road Transport Corporation (APSRTC) had appointed A.U.M. Rao as a contract driver in 2007. After a disciplinary enquiry, his services were terminated, but he was later re‑engaged on contract on 3 February 2012. Rao filed a writ petition under Article 226 seeking continuity of service from the d…
THE DEPOT MANAGERversusSRI R. K. REDDY
2018 INSC 11767 December 2018Appeal(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 and ordered continuit…
THE DIVISIONAL MANAGER APSRTC & ANR.versusB. VENKATAIAH
2018 INSC 11777 December 2018Disposed 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 re‑engagement f…
THE DEPOT MANAGER & ORS.versusSRI S. KRISHNA
2018 INSC 11757 December 2018Appeal(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 226, and the High Cou…
UNION OF INDIA AND OTHERSversusCOL. (TS) P. D. POONEKAR
2018 INSC 11657 December 2018Disposed 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 Forces Tribunal directed …
APSRTC & ORS.versusG. KONDAL RAO
2018 INSC 11737 December 2018Leave 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 Court, relying mechan…
MYSORE URBAN DEVELOPMENT AUTHORITYversusK.M. CHIKKATHAYAMMA & ORS.
2018 INSC 7987 September 2018Appeal(s) allowed
The Mysore Urban Development Authority (MUDA) had undertaken a land acquisition scheme which was later challenged by several writ petitioners. The Single Judge of the Karnataka High Court quashed the acquisition proceedings, prompting MUDA to file intra‑court appeals before the Division Bench. The respondents filed an …
GOTTUMUKKALA VENKATA KRISHAMRAJUversusUNION OF INDIA & ORS.
2018 INSC 7977 September 2018Appeal(s) allowed
The petitioners, appointed as Presiding Officers of Debt Recovery Tribunals before the 2016 amendment, challenged their retirement age and term of office, arguing that the amended Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 (which raised the age limit to 65) should apply to them. The original provision …
MAQBOOLversusTHE STATE OF UTTAR PRADESH AND ANOTHER
2018 INSC 7997 September 2018Leave Granted & Dismissed
Maqbool was charged with an acid attack in which the victim sustained injuries that a medical report described as simple. He applied for discharge under Section 326A of the Indian Penal Code, arguing that the provision applies only to grievous hurt. The trial court and the Allahabad High Court rejected his application,…
PRABHAT RANJAN SINGH & ANR.versusR.K. KUSHWAHA & ORS.
2018 INSC 7967 September 2018Disposed off
The case concerned the seniority of direct‑recruit officers of the Indian Railway Service of Signal Engineers (IRSSE) vis‑à‑vis promotee officers. The direct recruit, R.K. Kushwaha, argued that his seniority should be fixed from the date of the requisition (23‑Oct‑2007) under the principle laid down in N.R. Parmar, whi…
ROJER MATHEWversusSOUTH INDIAN BANK LIMITED AND ORS
2018 INSC 4567 May 2018Directions issued
The Supreme Court, hearing Special Leave Petition (Civil) No. 15804 of 2017 (Rojer Mathew v. South Indian Bank Ltd.), examined the need to restructure India's tribunal system to ensure speedy, inexpensive, and accessible justice. Relying on earlier judgments (R.K. Jain, L. Chandra Kumar, Union of India v. R. Gandhi, Ma…
UNITED AIR TRAVEL SERVICES THROUGH ITS PROPRIETOR A.D.M. ANWAR KHANversusUNION OF INDIA THROUGH SECRETARY (MINISTRY OF EXTERNAL AFFAIRS)
2018 INSC 4537 May 2018Case Allowed
The petitioners, private tour operators (PTOs) who had qualified for the 2015 Hajj quota but missed out in the draw of lots, applied for registration and allocation of quota for the 2016 Hajj. The Ministry of External Affairs rejected their applications on the ground of non‑compliance with clauses (vii), (x), (xi) and …
LOK PRAHARI THROUGH ITS GENERAL SECRETARYversusTHE STATE OF UTTAR PRADESH & ORS.
2018 INSC 4557 May 2018Appeal(s) allowed
The petition challenged Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, as amended in 2016, which grants former Chief Ministers a lifetime right to government accommodation. Earlier, the Supreme Court had struck down the 1997 Rules that provided similar benefit…
UNION OF INDIA & ANR.versusM/S. INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PVT. LTD.
2018 INSC 2177 March 2018Disposed off
The assessees, who provide various services, received reimbursements for out‑of‑pocket expenses such as travel and hotel costs. They paid service tax only on the fees for services, not on the reimbursable expenses, whereas Rule 5 of the Service Tax (Determination of Value) Rules, 2006 required inclusion of such expense…
THE CHAIRMAN, BOARD OF TRUSTEES COCHIN PORT TRUSTversusM/S AREBEE STAR MARITIME AGENCIES PVT. LTD. & ORS.
2018 INSC 2167 March 2018Matter referred to larger bench
The Cochin Port Trust sought to recover ground rent for containers that had been destuffed but not cleared by the consignees, arguing that liability could be imposed on the steamer agents beyond the 75‑day limit set by the Tariff Authority of Major Ports. The Kerala High Court held that the Port Trust could only claim …
BHUPENDRA KUMAR CHIMANBHAI KACHIYA PATELversusDIVISIONAL CONTROLLER GSRTC NADIAD
2018 INSC 2187 March 2018Dismissed
The Gujarat State Road Transport Corporation (GSRTC) and the Union of its workers entered into a settlement on 21‑12‑1989, wherein Clause 20 prescribed that Badali Kamdars would be regularised and absorbed into the permanent conductor cadre after completing 180 days of continuous service in that cadre. Several Badali K…
R. K. ARORA GENERAL MANAGER & ANR.versusM/S ACE ENTERPRISES
2018 INSC 1127 February 2018Disposed off
The Court of Small Causes, Srinagar, had issued an injunction on 22 June 2011 staying arbitration proceedings. The respondent alleged violation of this order and filed an application seeking contempt proceedings, which the trial court dismissed, finding no contempt. The High Court held that the Sub‑Judge had assumed ju…
KANDLA EXPORT CORPORATION & ANR.versusM/S OCI CORPORATION & ANR.
2018 INSC 1137 February 2018Dismissed
The appellants sought to enforce a foreign arbitral award in Gujarat High Court, which ordered enforcement. They then challenged the order by filing an appeal under Section 13(1) of the Commercial Courts Act, arguing that an appeal was permissible even though Section 50 of the Arbitration and Conciliation Act, 1996 doe…
THE GOA FOUNDATIONversusM/S SESA STERLITE LTD. & ORS.
2018 INSC 1107 February 2018Disposed off
The Supreme Court examined the State of Goa's grant of second renewals of mining leases after illegal mining was uncovered. It held that the earlier *Goa Foundation* judgment required the State to grant fresh mining leases, not renewals, and that the High Court erred in directing execution of lease deeds under Section …
STATE OF MAHARASHTRAversusDINESH
2018 INSC 1097 February 2018Dismissed
The State of Maharashtra charged two accused with murder and destruction of evidence, alleging that the second accused cut the victim's corpse into pieces. The trial court convicted both, but the High Court acquitted them, prompting the State to file three criminal appeals. The Supreme Court dismissed two appeals for n…
ONGC MANGALORE PETROCHEMICALS LTD.versusM/S ANS CONSTRUCTIONS LTD. & ANR.
2018 INSC 1117 February 2018Appeal(s) allowed
ONGC Mangalore Petrochemicals Ltd. awarded a construction contract to ANS Constructions Ltd. The contractor paid the final bill of Rs.20.34 crore after receiving a No Dues/No Claim Certificate on 21 September 2012. The contractee later withdrew the certificate on 24 October 2012 alleging it was obtained under duress an…
THE CHAIRMAN V. O. CHIDAMBARANAR PORT TRUST & ORS.versusCAPT. PAUL NADAR BENNET SINGH
2018 INSC 11646 December 2018Case 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 the Maritime and Po…
LAJPAT & ORS.versusSTATE OF UTTAR PRADESH & ANR.
2018 INSC 11636 December 2018Appeal(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 about the scope of Se…
STATE TRADING CORPORATION OF INDIA LTD.versusM/S GLOBAL STEEL HOLDING LIMITED & ORS.
2018 INSC 11626 December 2018Disposed 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 on the settlement p…
K. LAKSHMINARAYANANversusUNION OF INDIA & ANR.
2018 INSC 11616 December 2018Leave 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 Minister, that a constitut…
SOURABH BRALA AND ORversusUNION OF INDIA AND ORS.
2018 INSC 12186 December 2018Directions 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 the college, its infra…
MAJ. AMOD KUMARversusUNION OF INDIA & ANR.
2018 INSC 7956 September 2018Dismissed
The petitioners, officers and a sepoy of the Army Service Corps (ASC), challenged posting orders that assigned them to operational units, arguing that the ASC is a non‑operational corps as held in Union of India v. Lt. Col. P.K. Choudhary and that such postings violated their fundamental rights under Articles 14 and 21…
NAVTEJ SINGH JOHAR & ORS.versusUNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE
2018 INSC 7906 September 2018Disposed off
The Supreme Court of India considered the constitutional validity of Section 377 of the Indian Penal Code, 1860, which criminalized 'carnal intercourse against the order of nature' with any man, woman, or animal. The petitioners challenged the provision insofar as it criminalized consensual sexual acts between adults o…
CCL. IVS GAHLOTversusUNION OF INDIA AND ORS.
2018 INSC 6766 August 2018Dismissed
Colonel Indra Veer Singh Gahlot, an officer of the Armed Forces Medical Services, was considered for promotion to Brigadier in 2011 but was not selected. He challenged the promotion decision, arguing that the 2004 promotion policy could not be amended before five years and that the 2006 amendment restricting Ph.D. mark…
SHANTI BHUSHANversusSUPREME COURT OF INDIA THROUGH ITS REGISTRAR AND ANOTHER
2018 INSC 5896 July 2018Disposed off
Senior advocate Shanti Bhushan filed a writ petition under Article 32 seeking a declaration that the term “Chief Justice” in the Supreme Court Rules, 2013 should be read as a collegium of the five senior judges, thereby limiting the Chief Justice of India's sole authority to allocate cases and constitute benches. The C…
BHARTIBEN NAYABHA KER AND ORSversusSIDABHA PETHABHA MANKE AND ORS
2018 INSC 3056 April 2018Appeal(s) allowed
The deceased, Nayabha Mapbha Ker, died in a motor‑vehicle collision in 1993. His heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 7.78 million with interest at 12% per annum; the Gujarat High Court added Rs 33,000 for loss of life, expenses and consort…
MANGLA RAMversusTHE ORIENTAL INSURANCE CO. LTD. & ORS.
2018 INSC 3116 April 2018Appeal(s) allowed
Mangla Ram, a motorcyclist, was hit by a jeep (No. RST‑4701) driven by respondent No.2, resulting in amputation of his right leg. The Motor Accident Claims Tribunal awarded compensation but reduced it on the ground that the claimant contributed to the accident by riding on the wrong side of the road. The High Court set…
G H RAGHUNATH PRASAD PANDEversusSTATE OF KARNATAKA & ORS.
2018 INSC 3106 April 2018Appeal(s) allowed
The petitioner, a landlord, sought to resume four acres of land from tenants under the Mysore Land Reforms Act, 1961. A compromise deed dated 02‑03‑1970, recorded before the Munsiff/Tribunal, indicated that the respondents had already handed over possession of the land to the petitioner. The High Court held the petitio…
VISHNU CHANDRU GAONKARversusN.M. DESSAI
2018 INSC 2146 March 2018Dismissed
Vishnu Chandra Gaonkar, a legal heir, alleged that advocate N.M. Dessai forged the thumb impression of a deceased appellant, Shaba Manju Velip, to withdraw a civil appeal and related execution proceedings. Gaonkar filed a criminal miscellaneous application under Section 195(1)(b)(ii) of the Criminal Procedure Code seek…
THE STATE OF KARNATAKA & ORS.versusM/S. VEDANTA LIMITED (FORMERLY KNOWN AS SESA STERLITE LIMITED) & ORS.
2018 INSC 2156 March 2018Appeal(s) allowed
The State of Karnataka sought permission under Sections 451 and 457 of the CrPC to dispose of illegally stored iron ore seized in 2010 by ordering an e‑tender, and the Special CBI Judge allowed this on 8 May 2015. Vedanta (formerly Sesa Sterlite) filed writ petitions challenging that order; the Karnataka High Court set…
STATE OF KARNATAKA AND ANR.versusM/S DURGA PROJECTS INC
2018 INSC 2056 March 2018Dismissed
M/s Durga Projects Inc, a civil works contractor registered under the Karnataka Value Added Tax (KVAT) Act, 2003 and the Central Sales Tax Act, sought clarification from the Authority for Advance Clarification and Ruling on the tax rate applicable to works contracts before 1 April 2006. The AAR held that the rate shoul…
S. THANGARAJversusNATIONAL INSURANCE CO. LTD. REP. BY THE BRANCH MANAGER
2018 INSC 2086 March 2018Appeal(s) allowed
The appellant, S. Thangaraj, a 26‑year‑old loadman, suffered multiple fractures and complete loss of sensation below the abdomen in a motor accident on 1 August 2004. The Motor Accident Claims Tribunal awarded him Rs 11,27,359 as compensation, assessing his disability at 70% and granting interest at 12% per annum. The …
BHARATI REDDYversusTHE STATE OF KARNATAKA & ORS.
2018 INSC 2136 March 2018Appeal(s) allowed
The appellant, Bharati Reddy, was elected Adhyaksha of a Zilla Panchayat after obtaining an Income and Caste Certificate from the Tahsildar. Unsuccessful candidates alleged that the certificate was fraudulently obtained, that the appellant’s affidavits contained contradictory income disclosures, and that the certificat…
JAGDISH KUMAR SOODversusUNITED INDIA INSURANCE CO. LTD. AND ORS
2018 INSC 2096 March 2018Appeal(s) allowed
The husband of the third respondent died in a motor accident caused by a collision with a truck. The Motor Accident Claims Tribunal awarded compensation but absolved United India Insurance Co. Ltd., the insurer, on the ground that the vehicle was a Light Goods Vehicle and the driver lacked a specific endorsement to dri…
ANDANUR KALAMMA AND ORS.versusGANGAMMA (DEAD) BY L.RS.
2018 INSC 2046 March 2018Dismissed
The appellants sought a declaration of ownership and possession of a 23‑acre land that had been auctioned in 1966 to satisfy income‑tax arrears. The auction sale was confirmed by the Deputy Commissioner, but the appellant’s predecessor challenged the confirmation under Section 177 of the Karnataka (Mysore) Land Revenue…
JAGDISHversusMOHAN & ORS.
2018 INSC 2116 March 2018Appeal(s) allowed
The appellant, a self‑employed skilled carpenter, suffered a motor‑vehicle accident resulting in loss of use of both hands and a 90% permanent disability. The Motor Accident Claims Tribunal awarded Rs 12,81,228 based on a monthly income of Rs 4,050, while the High Court added Rs 2,19,000; the appellant sought further e…
DWARIKA PRASADversusSTATE OF UTTAR PRADESH AND ORS.
2018 INSC 2106 March 2018Disposed off
The appellant, a guarantor, created an equitable mortgage over his property to secure a loan that later defaulted. The bank invoked the SARFAESI Act and initiated auction proceedings, which the appellant attempted to halt by offering partial payment and filing writ petitions. The High Court stayed the sale until the ap…
SINGH RAMversusNIRMALA AND ORS.
2018 INSC 2066 March 2018Dismissed
The accident occurred on 22 March 2010 when a motor‑cycle, owned and driven by the appellant, collided, killing Sunil Kumar. The appellant did not possess a valid driving licence at the time; the licence he produced was found to be fake and the other licence he attempted to produce had expired and was renewed after a t…
ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusAJAY KUMAR MOHANTY & ANR.
2018 INSC 2076 March 2018Disposed off
The claimant, Ajay Kumar Mohanty, suffered a 55% temporary disability in a motor accident. The Motor Accident Claims Tribunal awarded Rs 22,85,322 compensation, assuming permanent disability and using inconsistent income figures. The insurer appealed; the High Court reduced the award to Rs 12,00,000 without providing r…
SITARAMversusRADHEY SHYAM VISHNAV & ORS.
2018 INSC 2126 March 2018Appeal(s) allowed
The appellant Sitaram was elected Chairperson of a municipal corporation, but the defeated candidate Radhey Shyam Vishnav filed an election petition under the Rajasthan Municipalities Election Petition Rules, 2009. The petition was filed without the mandatory treasury challan of Rs 1,000 required by Rule 3(5)(d). The a…
UNION OF INDIA & ANR.versusPUSHPAVATHI & ORS. ETC.
2018 INSC 1036 February 2018Dismissed
The Union of India acquired land in Pondicherry for a university and determined compensation under the Land Acquisition Act, 1894. Some landowners, dissatisfied with the compensation, obtained a higher award from a civil court under Section 18, after which the Collector re‑determined compensation but refused to pay sta…
RITHWIK ENERGY GENERATION PVT. LTD.versusBANGALORE ELECTRICITY SUPPLY CO. LTD. & ORS. ETC.
2018 INSC 1086 February 2018Dismissed
Rithwik Energy Generation Pvt Ltd entered into a Power Purchase Agreement (PPA) with Bangalore Electricity Supply Co Ltd (BESCOM). The State Commission refused to approve the PPA, leading the appellant to seek a declaration that the PPA was invalid. During the pendency of appeals, the appellant sent a letter dated 5 Ma…
CHHABILDASversusTHE STATE OF MAHARASHTRA & ORS.
2018 INSC 1066 February 2018Disposed off
The appellant's land was reserved for a primary school under a development plan and a purchase notice was served under Section 49 of the Maharashtra Regional Town Planning Act, 1966. The State Government confirmed the notice and the appropriate authority filed an acquisition proposal within the period prescribed by Sec…
DATARAM SINGHversusSTATE OF UTTAR PRADESH & ANR.
2018 INSC 1076 February 2018Appeal(s) allowed
The appellant was charged under Sections 419, 420, 406 and 506 of the IPC and Section 138 of the Negotiable Instruments Act for cheating a complainant of over Rs. 37 lakh. During a seven‑month investigation he was never arrested, and when he sought to quash the FIR the High Court granted him time to appear before the t…
DR. AKSHYA BISOI AND ANOTHERversusALL INDIA INSTITUTE OF MEDICAL SCIENCES & OTHERS
2018 INSC 1026 February 2018Dismissed
Two cardiac surgeons (Dr. Akshya Bisoi and Dr. Ujjwal Chowdhury) employed at AIIMS filed a writ petition under Article 32 seeking a mandamus directing AIIMS to determine that they were senior to Dr. Shiv Kumar Choudhary, the fourth respondent, based on the 1997 selection policy which they argued gave them higher grades…
THE STATE OF KARNATAKA & ORS.versusSHANKAR BABURAO KANGRALKAR & ANR.
2018 INSC 1056 February 2018Appeal(s) allowed
The State of Karnataka issued a recruitment notification for Hindi Language Assistant requiring a Bachelor’s degree with Hindi as a major and a B.Ed degree with Hindi as the teaching method. Respondent No.1 possessed the former but not the latter and was therefore not selected. He challenged the decision before the Kar…
MAYA APPLIANCES (P) LTD NOW KNOWN AS PREETHI KITCHEN APPLIANCES PVT. LTD.versusADDL.COMMISSIONER OF COMMERCIAL TAXES & ORS
2018 INSC 996 February 2018Appeal(s) allowed
Maya Appliances (now Preethi Kitchen Appliances) manufactures home appliances and offers quantity discounts to its distributors based on their quarterly performance. The discounts are applied to the net sale price and VAT is collected on that net amount. The assessing authority disallowed the discounts as deductions fr…
NAVEEN KUMAR V. VIJAY KUMAR AND ORS.versusVIJAY KUMAR AND ORS.
2018 INSC 1006 February 2018Appeal(s) allowed
A motor vehicle registered in the name of Vijay Kumar (the first respondent) struck two pedestrians, killing one and injuring another. The vehicle had allegedly been sold through a chain of transfers before the accident, but the registration certificate remained in Vijay Kumar's name. The Motor Accident Claims Tribunal…
IQ CITY FOUNDATION & ANR.versusUNION OF INDIA & ORS.
2018 INSC 1016 February 2018Disposed off
IQ City Foundation, a medical college, applied for renewal of its permission under Section 10‑A of the Medical Council Act, 1956 to admit 150 MBBS students for the 2017‑18 academic year. The Medical Council of India (MCI) inspection and the subsequent Hearing Committee found a faculty deficiency of 15.9% and a resident…
MADAN @ MADHU PATEKARversusTHE STATE OF MAHARASHTRA
2018 INSC 1046 February 2018Dismissed
The appellant, Madan (also known as Madhu) Patek, was convicted under Section 302 IPC for allegedly pouring kerosene on the deceased, Latabai, and setting her on fire. The conviction was based primarily on two dying declarations recorded by a Special Executive Magistrate and a police constable, both certified by a medi…
VIVEK MUDGILversusSTATE OF U.P. & ORS.
2018 INSC 11525 December 2018Dismissed
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 not be counted as t…
S C SINGHversusSTATE OF UTTARAKHAND AND ORS.
2018 INSC 11555 December 2018Dismissed
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 UGC’s Revised Guidelin…
ZAHOOR AHMAD RATHER AND ORS ETCversusSHEIKH IMTIYAZ AHMAD AND ORS ETC
2018 INSC 11595 December 2018Disposed 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 list. A Single Judge of …
COMPETITION COMMISSION OF INDIAversusBHARTI AIRTEL LIMITED AND OTHERS
2018 INSC 11545 December 2018Leave 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 Interconnection (POI) cap…
MAHENDER CHAWLA & ORS.versusUNION OF INDIA & ORS.
2018 INSC 11535 December 2018Disposed 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 witness‑protection programme and the …
SQN. LDR. (RETD.) NAVTEJ SINGHversusUNION OF INDIA AND ORS.
2018 INSC 11575 December 2018Appeal(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 have his wife and d…
M/S SIMPLEX INFRASTRUCTURE LTDversusUNION OF INDIA
2018 INSC 11585 December 2018Appeal(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 dismissed for lack of juris…
SANJAY KUMAR JHAversusPRAKASH CHANDRA CHAUDHARY & ORS.
2018 INSC 11605 December 2018Leave 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 the dealership to him…
R.S. SEHRAWATversusRAJEEV MALHOTRA & ORS.
2018 INSC 7795 September 2018Appeal(s) allowed
The appellant, R.S. Sehrawat, a junior engineer of the Municipal Corporation of Delhi, was convicted by the Delhi High Court for contempt of court for allegedly filing a false affidavit concerning the demolition of unauthorised structures in Sainik Farms. He appealed to the Supreme Court under Section 19(1)(b) of the C…
SHIVRAJversusRAJENDRA & ANR.
2018 INSC 7815 September 2018Disposed off
The appellant, a 25‑year‑old coolie, was injured when the tractor he was riding in collided with a mud stone due to the driver’s rash driving. He filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking Rs.9,02,324 as compensation, which the tribunal awarded jointly against the tractor owner and the ins…
SMT. KAVITAversusTHE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS.
2018 INSC 7825 September 2018Dismissed
The appellant, Smt. Kavita, then Block Pramukh of a Kshettra Panchayat, challenged a no‑confidence motion notice issued by the Collector under Section 15 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961. She contended that the Collector failed to investigate alleged fraud in the signatures o…
S. K. RAJU @ ABDUL HAQUE @ JAGGAversusSTATE OF WEST BENGAL
2018 INSC 7805 September 2018Dismissed
The appellant was intercepted on a public road near a club and, after being informed of his right to be searched before a gazetted officer or magistrate, consented to a search by a gazetted officer. A bag containing 1.5 kg of charas and cash was recovered from him. The appellant challenged the conviction on the grounds…
N. RADHAKRISHNAN @ RADHAKRISHNAN VARENICKALversusUNION OF INDIA AND OTHERS
2018 INSC 7845 September 2018Dismissed
The petitioner sought a court order to ban the novel "Meesha", alleging that it insulted temple‑going women and could disturb public order, decency and morality. The Court examined whether the work fell within the narrow, reasonable restrictions permissible under Article 19(2) of the Constitution. Relying on principles…
C. R. KARIYAPPAversusSTATE OF KARNATAKA
2018 INSC 7865 September 2018Case Partly allowed
The appellant, a school teacher, struck a second‑standard student with a wooden stick, causing loss of sight in the child's left eye. The trial court acquitted him, citing contradictions in eye‑witness testimony, alleged tutoring of the child witness, and a 25‑day delay in filing the FIR. The High Court reversed the ac…
THE STATE OF MAHARASHTRA & ORS.versusTASNEEM RIZWAN SIDDIQUEE
2018 INSC 7835 September 2018Leave Granted & Allowed
The police, investigating a case involving illegal sale of call detail records, arrested Rizwan Alam Siddique and obtained a magistrate's order remanding him to police custody until 23 March 2018. His wife, Tasneem Rizwan Siddiquee, filed a writ of habeas corpus in the High Court alleging unlawful detention; the High C…
LALIT YADAVversusTHE STATE OF CHHATTISGARH
2018 INSC 5855 July 2018Dismissed
The petitioner was convicted by the trial court and affirmed by the High Court for offences under Sections 376 and 342 of the IPC. In both judgments, the victim (PW‑2) was named throughout, which the Supreme Court held to be inconsistent with Section 228‑A of the IPC that protects the identity of rape victims. The Cour…
STATE OF MAHARASHTRA AND OTHERSversusDR. SHARVIL THATTE AND OTHERS
2018 INSC 3095 April 2018Dismissed
The State of Maharashtra issued a notification for admission to postgraduate medical and dental courses in unaided private institutions, stipulating that candidates must be domiciled in Maharashtra. Respondents filed a writ petition challenging this domicile requirement as unconstitutional. The Bombay High Court set as…
ASHIM RANJAN DAS (D) BY LRS.versusSHIBU BODHAK & ORS.
2018 INSC 3065 April 2018Dismissed
The appellant, Ashim Ranjan Das, purchased land that had earlier been transferred to two patta holders, Shibu Bodhak and Tapan Malik, after a series of proceedings under the West Bengal Estate Acquisition Act, 1953. The Revenue Officer had earlier cancelled tenancy rights under Section 44(2a), but that order was set as…
M. P. POWER MANAGEMENT COMPANY LTD.versusRENEW CLEAN ENERGY PVT. LTD. & ANR.
2018 INSC 3075 April 2018Dismissed
M.P. Power Management Company Ltd. (appellant) issued an RFP for 300 MW of solar power and entered into a Power Purchase Agreement (PPA) with Renew Clean Energy Pvt. Ltd. (respondent No.1). The respondent could not obtain the originally allotted land, obtained a new site after the appellant approved a change of locatio…
SEEMA UPADHYAYversusUNION OF INDIA THR. THE SECRETARY, MIN. OF PETROLEUM AND NATURAL GAS AND ORS.
2018 INSC 3045 April 2018Disposed off
The petitioner alleged that the second respondent, Devender Agrawal, owned numerous diesel and petrol dealerships under the names of relatives, constituting benami arrangements, and also raised concerns of adulteration of petroleum products and the need for direct transfer of kerosene subsidies. The Supreme Court allow…
NONIHAL SINGHversusMAYA DEVI
2018 INSC 3085 April 2018Appeal(s) allowed
The appellant, a tenant, was ordered by the Rent Tribunal to vacate the premises within six months and to pay arrears of rent. The High Court later directed the tenant to deposit the arrears by 31 December 2017 and to pay mesne profits from 1 November 2017. The tenant failed to meet the deadline, applied for an extensi…
ANU BHANDARIversusPRADIP BHANDARI
2018 INSC 2035 March 2018Disposed off
Anu Bhandari and Pradip Bhandari, married in 1997, had been living separately since 2011 and were involved in 23 pending civil and criminal cases. After extensive mediation, they reached an amicable settlement and filed an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act. The Suprem…
COMMISSIONER OF CUSTOMS CENTRAL EXCISE AND SERVICE TAX, GUNTURversusM/S. THE ANDHRA SUGARS LTD.
2018 INSC 965 February 2018Dismissed
The appellant, Commissioner of Customs, challenged Andhra Sugars Ltd's claim of Cenvat credit for service tax paid on outward transportation of sugar to customers' premises. The Revenue argued that such transport occurs beyond the "place of removal" defined under the Central Excise Act and therefore cannot be treated a…
AJAYINDER SANGWAN AND ORS.versusBAR COUNCIL OF DELHI & ORS.
2018 INSC 975 February 2018Disposed off
The Supreme Court disposed of a series of interlocutory applications filed in the matter of Ajayinder Sangwan v. Bar Council of Delhi concerning the conduct of Bar Council elections across several states. The Court upheld the Bar Council of India's constitution of committees to oversee elections, rejecting a request to…
AJAYINDER SANGWAN AND ORS.versusK. K. MOHAN
2018 INSC 985 February 2018Dismissed
The petitioners, Ajayinder Sangwan and others, filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the Bar Council of India (BCI) willfully disobeyed Supreme Court orders dated 14 December 2017, 23 August 2017 and 24 November 2017 concerning the election schedule for State Bar Councils. The …
DINESHBHAI CHANDUBHAI PATELversusSTATE OF GUJARAT & ORS.
2018 INSC 55 January 2018Disposed off
The complainants, members of a Rathore family, alleged that Dineshbhai Patel and others fraudulently obtained bogus powers of attorney and transferred their jointly owned land in Surat. Three separate complaints led to the registration of an FIR on 6 June 2016, charging offences under the IPC and the Scheduled Castes a…
NATIONAL KAMGAR UNIONversusKRAN RADER PVT. LTD. & ORS.
2018 INSC 35 January 2018Disposed off
The National Kamgar Union (appellant) challenged the closure of Kran Rader Pvt. Ltd.'s manufacturing unit, alleging that more than 100 workers were employed and that the employer failed to comply with Section 25-K of Chapter VB of the Industrial Disputes Act, 1947. The Industrial Court had held that 115 workers were em…
M/S. INOX WIND LTD.versusM/S. THERMOCABLES LTD.
2018 INSC 45 January 2018Appeal(s) allowed
M/S. INOX WIND Ltd. issued purchase orders to M/S. THERMOCABLES Ltd. for wind‑power cables, attaching its own standard terms and conditions which contained an arbitration clause. After the cables were found defective, INOX gave notice proposing a sole arbitrator but received no response, and filed an application under …
SP SINGLA CONSTRUCTIONS PVT. LTD.versusSTATE OF HIMACHAL PRADESH AND ANOTHER
2018 INSC 11494 December 2018Disposed 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 Superintendent Engineer, Arbi…
SRI MAHABIR PROSAD CHOUDHARYversusM/S. OCTAVIUS TEA AND INDUSTRIES LTD. AND ANR.
2018 INSC 11454 December 2018Dismissed
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 Tribunal failed to …
V. K. GIRIJA V. RESHMA PARAYIL & ORS.versusRESHMA PARAYIL & ORS.
2018 INSC 11474 December 2018Dismissed
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 transfer, but a Single…
SURENDRA SINGH & ANR.versusSTATE OF UTTARAKHAND
2018 INSC 11484 December 2018Dismissed
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 items, discovery of…
MUNICIPAL CORPORATION OF GREATER MUMBAI & ANR.versusPRATIBHA INDUSTRIES LTD. & ORS.
2018 INSC 11514 December 2018Disposed 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, and the High Court ap…
ARCELORMITTAL INDIA PRIVATE LIMITEDversusSATISH KUMAR GUPTA & ORS.
2018 INSC 9354 October 2018Disposed 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 sub‑clause (c) of Section 29A…
HINDUSTAN ANTIBIOTICS LIMITEDversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) & ORS.
2018 INSC 9344 October 2018Leave Granted & Disposed off
Hindustan Antibiotics Ltd., a Government of India undertaking, owned 263.57 acres of land in Pune and disputed with the Maharashtra Housing and Area Development Authority (MHADA) over the disposal of part of that land. The company filed a writ petition in the Bombay High Court seeking mandamus for disposal of the land,…
HARIBHAUversusTHE STATE OF MAHARASHTRA
2018 INSC 7784 September 2018Case Partly allowed
Haribhau, a village sarpanch, assaulted a school teacher, Bala Saheb, in 2005, leading to his conviction under IPC sections 353, 504 and 294 read with Section 34 and an acquittal under the SC/ST Act. The trial court sentenced him to three months' rigorous imprisonment and a fine of Rs.800, which the High Court upheld. …
YASHWANT ETC.versusTHE STATE OF MAHARASHTRA
2018 INSC 7774 September 2018Disposed off
The case involved ten police officers who detained and beat a man, Joinus, to extract information about a hotel loot. Joinus later died, but the post‑mortem showed death was due to asphyxiation from vomit, not the injuries inflicted. The trial court convicted the officers under IPC s.330 (voluntarily causing hurt to ex…
AMEER MINHAJversusDIERDRE ELIZABETH (WRIGHT) ISSAR AND ORS.
2018 INSC 5784 July 2018Appeal(s) allowed
The appellant filed a suit for specific performance of a 2003 agreement to sell land, relying on an unregistered sale deed, a registered power of attorney, and an earlier unregistered 1995 agreement. The respondents challenged the admissibility of these documents, arguing that the 2003 deed required registration under …
MEDICAL COUNCIL OF INDIAversusN.C. MEDICAL COLLEGE AND HOSPITAL AND ORS.
2018 INSC 5834 July 2018Appeal(s) allowed
The Medical Council of India (MCI) identified 25 deficiencies in the proposed NC Medical College and recommended that the Central Government not grant permission for its establishment. Although the Supreme Court‑mandated Oversight Committee temporarily allowed admissions for 2016‑17, the college failed to remedy the de…
MEDICAL COUNCIL OF INDIAversusJAIPUR NATIONAL UNIVERSITY INSTITUTE FOR MEDICAL SCIENCES AND RESEARCH CENTRE JAIPUR AND ANOTHER
2018 INSC 5824 July 2018Appeal(s) allowed
The Medical Council of India (MCI) had initially granted permission for a medical college to admit 150 MBBS students for 2016‑17, but after inspections it did not recommend renewal for subsequent years. The Central Government, however, renewed permission for 2017‑18, and later, following another inspection that found p…
VIJAY MAHADEORAO KUBADEversusSTATE OF MAHARASHTRA THROUGH THE COLLECTOR
2018 INSC 5844 July 2018Disposed off
The appellant owned land that was acquired by the state and an award was passed on 30‑11‑1987. A notice under Section 12(2) of the Land Acquisition Act was sent on 04‑12‑1987 but the award itself was not attached. The appellant received a certified copy of the award only on 03‑02‑1988 and filed a reference for enhancem…
GOVERNMENT OF NCT OF DELHIversusUNION OF INDIA & ANOTHER
2019 INSC 1944 July 2018Directions issued
The Supreme Court of India interpreted Article 239AA of the Constitution, which provides special provisions for the National Capital Territory of Delhi. The case arose from a dispute between the Government of NCT of Delhi and the Union of India regarding the powers of the Lieutenant Governor and the elected Council of …
DR. KRITI LAKHINA AND OTHERSversusSTATE OF KARNATAKA AND OTHERS
2018 INSC 3024 April 2018Appeal(s) allowed
The petitioners, 44 doctors who cleared NEET‑PG 2018, challenged Clause 4.1 of the Karnataka Information Bulletin (PGET‑2018) which required candidates to be of Karnataka origin and to have ten years of domicile for admission to 50% government‑quota postgraduate medical and dental seats. The State argued that the domic…
AVINASH C. & ORS.versusSTATE OF KARNATAKA & ORS.
2018 INSC 3034 April 2018Disposed off
The case arose from the Karnataka Public Service Commission's (KPSC) selection for Group ‘A’ and ‘D’ posts, where allegations of bribery and irregularities in examinations and interviews led to an FIR against KPSC officials. After a CID interim report, the Karnataka Government ordered the annulment of the written exami…
SUSME BUILDERS PVT. LTD.versusCHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS.
2018 INSC 14 January 2018
The case concerned the rehabilitation of about 800 slum dwellers in Mumbai who owned the land through a cooperative society. Susme Builders (the appellant) and J.G. Developers (respondent No.4) each claimed to have the consent of at least 70% of the eligible slum dwellers required under the Development Control Regulati…
DILBAG RAIversusTHE STATE OF HARYANA & ORS.
2018 INSC 11393 December 2018Disposed 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 criminal intent. The…
MEERA MISHRAversusSATISH KUMAR & ORS.
2018 INSC 11333 December 2018Case 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 and Commissioner’s …
STATE OF PUNJABversusRAKESH KUMAR
2018 INSC 11313 December 2018Appeal(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 that the matter shoul…
DAMODAR VALLEY CORPORATIONversusCENTRAL ELECTRICITY REGULATORY COMMISSION & OTHERS
2018 INSC 11273 December 2018Dismissed
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 the return on equity …
KANUBHAI BHAGVANBHAI NAYAKversusSTATE OF GUJARAT
2018 INSC 11303 December 2018Leave 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 any findings on the …
OMVEER SINGHversusSTATE OF UTTAR PRADESH & ANR.
2018 INSC 11343 December 2018Leave 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 Court judge relied sol…
DR. JAGDISH PRASAD & ORS.versusSTATE OF UTTAR PRADESH & ANR.
2018 INSC 11353 December 2018Leave 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 dismissed their applicat…
SANGEETA AGRAWAL & ORS.versusSTATE OF UTTAR PRADESH & ANR.
2018 INSC 11373 December 2018Leave 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 out the factual mat…
GEETA & ORS.versusSTATE OF UTTAR PRADESH & ANR.
2018 INSC 11383 December 2018Leave 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 matrix of the case. Th…
MALLAPPA DEAD BY L.RS. & ORS.versusTHE SPECIAL LAND ACQUISITION OFFICER & ANR.
2018 INSC 11283 December 2018Disposed 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 the market rate at R…
SHRI H.D. SHARMAversusNORTHERN INDIA TEXTILE RESEARCH ASSOCIATION
2018 INSC 11293 December 2018Dismissed
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 of Rs.1,214.40 were …
JOHRA & ORS.versusSTATE OF HARYANA & ORS.
2018 INSC 11403 December 2018Leave 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 filed a review, whi…
ROSHINA TversusABDUL AZEEZ K.T. & ORS.
2018 INSC 11423 December 2018Leave 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 directing the appellant to r…
MASROOR AHMAD KHANversusSTATE OF UTTARAKHAND & ORS.
2018 INSC 11323 December 2018Leave 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 favour. The Commissio…
SURESH CHANDRAversusU.P. AVAS EVAM VIKAS PARISHAD & ORS.
2018 INSC 11433 December 2018Appeal(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 allowed a re‑auction subj…
SURJEET SINGH & ANR. ETC. ETC.versusSADHU SINGH & ORS.
2018 INSC 11363 December 2018Dismissed
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 the High Court's re…
MANJU SAXENAversusUNION OF INDIA & ANR.
2018 INSC 11413 December 2018Dismissed
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 Government Industrial…
THE UTTAR BIHAR GRAMIN BANK & ORS.versusNARENDRA KUMAR SINHA
2018 INSC 9243 October 2018Leave 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 Court. The Single Judge …
RAM LALversusSTATE OF HIMACHAL PRADESH
2018 INSC 9183 October 2018Case 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 the presence of seni…
UNION OF INDIA & ANR.versusMOHIT MINERAL PVT. LTD.
2018 INSC 9293 October 2018Leave 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 taxable event. Mohit Miner…
TELANGANA JUDGES ASSOCIATION & ANR.versusUNION OF INDIA & ORS.
2018 INSC 9263 October 2018Leave 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 Andhra Pradesh Reorgan…
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARHversusSTATE OF PUNJAB AND ORS.
2018 INSC 9213 October 2018Leave 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 was challenged by d…
M/S LARSEN AND TOUBRO LIMITED SCOMI ENGINEERING BHDversusMUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
2018 INSC 9223 October 2018Dismissed
The Mumbai Metropolitan Region Development Authority (MMRDA) entered into a monorail contract with a consortium comprising Larsen & Toubro (India) and Scomi Engineering Bhd (Malaysia). Disputes over interim claims led the consortium to file a petition under Section 11 of the Arbitration and Conciliation Act, 1996, asse…
PIMPRI CHINCHWAD NEW TOWNSHIP DEVELOPMENT AUTHORITYversusVISHNUDEV COOPERATIVE HOUSING SOCIETY & ORS.
2018 INSC 6753 August 2018Appeal(s) allowed
The State Government acquired land in Pimpri‑Chinchwad for a public development project and, after a series of litigations, partially released part of the land while retaining the remainder. The retained portion was taken into possession by the Special Land Acquisition Officer in 2000, vesting the land absolutely in th…
BANGALORE DEVELOPMENT AUTHORITY & ANR.versusTHE STATE OF KARNATAKA & ANR.
2018 INSC 6743 August 2018Disposed off
In 2008 the Bangalore Development Authority (BDA) issued a scheme and preliminary notification under Section 17 of the Bangalore Development Authority Act, 1976 to acquire land for civic amenities. Five years later, landowners filed writ petitions alleging that the BDA and the State Government had failed to issue a fin…
STATE ELECTION COMMISSIONER, BIHAR PATNA & OTHERSversusJANAKDHARI PRASAD AND OTHERS
2018 INSC 5693 July 2018Dismissed
The State Election Commissioner of Bihar disqualified Janakdhari Prasad, an elected member of a Panchayat Samiti, on the ground that his appointment as an Assistant Government Advocate placed him in the service of the State Government under Section 139(1)(c) of the Bihar Panchayat Raj Act, 1993. The High Court and the …
M/S RAVEECHEE AND COversusUNION OF INDIA
2018 INSC 5743 July 2018Appeal(s) allowed
M/s Raveechee & Co. entered into a quarrying contract with the Union of India, which later gave rise to a dispute that was referred to arbitration on 26 September 1988. The Arbitral Tribunal awarded damages and, on the basis of being deprived of those sums during the pendency of the arbitration, granted interest penden…
CHINTPURNI MEDICAL COLLEGE AND HOSPITAL & ANR.V. STATE OF PUNJAB & ORS.versusSTATE OF PUNJAB & ORS.
2018 INSC 5723 July 2018Case Allowed
Chintpurni Medical College obtained an Essentiality Certificate from the Punjab Government to establish a medical college, but the State later withdrew the certificate citing deficiencies and conditions it had imposed. The college challenged the withdrawal, arguing that the State lacked authority to rescind the certifi…
UNITED INDIA INSURANCE CO. LTD.versusINDIRO DEVI & ORS.
2018 INSC 5753 July 2018Dismissed
The deceased, a 39‑year‑old employee of the Food Corporation of India, died in a road accident caused by a rash truck driver. The claimants sought compensation under the Motor Accident Claims Tribunal, which initially based the deceased's income solely on a salary certificate showing a monthly gross salary of Rs. 8,848…
ADESH KAURversusEICHER MOTORS LIMITED AND ORS.
2018 INSC 5713 July 2018Appeal(s) allowed
The appellant, Adesh Kaur, owned 903 equity shares in Eicher Motors Ltd. In 2012, an impersonator forged her signature, obtained a change of address from the company's share transfer agent (respondent No. 2) and secured duplicate share certificates, which were then transferred to a third party (respondent No. 8). Upon …
UNION OF INDIA & OTHERSversusCOL RAN SINGH DUDEE
2018 INSC 5763 July 2018Appeal(s) allowed
Colonel Ran Singh Dudee, an army officer, was tried by a General Court Martial (GCM) and sentenced to cashiering and imprisonment, but the proceedings were later annulled under Section 165 of the Army Act, 1950, and he was reinstated with loss-of-salary benefits. He was promoted to Lt. Colonel and later given a time‑sc…
KALIM KHAN & OTHERSversusFIMIDABEE & OTHERS
2018 INSC 5733 July 2018Case Partly allowed
The deceased's family filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for death caused by a stone that fell during a blasting operation used to dig a well. The tribunal held the accident to be a vehicular accident because the tractor’s battery, still installed on the vehicl…
M/S EUREKA BUILDERS & ORS.versusGULABCHAND S/O VELJEE DAND SINCE DECEASED BY L.RS. & ORS. ETC. ETC.
2018 INSC 4473 May 2018Appeal(s) allowed
The dispute concerned a parcel of land originally owned by three Patils, which was sold by court auction in 1942 and by direct purchase in 1943 to Shah Veljee Kanjee, whose legal representatives later claimed ownership. The appellants (M/s Eureka Builders and others) purchased the land in 2001 from the original Patils,…
AMEET LALCHAND SHAH AND OTHERSversusRISHABH ENTERPRISES AND ANOTHER
2018 INSC 4503 May 2018Appeal(s) allowed
The appeal concerned four contracts entered into for the commissioning of a 2 MWp photovoltaic solar plant, three of which contained arbitration clauses while the Sale and Purchase Agreement dated 05.02.2012 did not. The Delhi High Court had dismissed an application under Section 8 of the Arbitration and Conciliation A…
RICHAL & ORS. ETC.ETC.versusRAJASTHAN PUBLIC SERVICE COMMISSION & ORS. ETC. ETC.
2018 INSC 4493 May 2018Disposed off
The Rajasthan Public Service Commission (RPSC) conducted a School Lecturer examination in 2015, published answer keys and invited objections. Several candidates challenged the correctness of the answer key, leading the High Court to direct the formation of an expert committee to re‑examine disputed questions. The exper…
SHAFHI MOHAMMADversusTHE STATE OF HIMACHAL PRADESH
2018 INSC 753 April 2018Directions issued
The Supreme Court considered the use of videography at crime scenes as a tool to improve criminal investigations. Submissions highlighted international practice, the benefits of body‑worn cameras, and the need for safeguards under evidentiary law. The Court examined prior judgments on electronic evidence and the admiss…
THE DIRECTOR, PRASAR BHARATIversusCOMMISSIONER OF INCOME TAX, THIRUVANTHAPURAM
2018 INSC 2983 April 2018Appeal(s) allowed
The Director, Prasar Bharati (Doordarshan) entered into agreements with several advertising agencies, paying them a 15% commission on advertising revenue for the assessment years 2002‑03 and 2003‑04. The Assessing Officer held that the payments fell within the definition of "commission" under Section 194H of the Income…
STATE BANK OF PATIALAversusKANWAL NAIN SINGH
2018 INSC 2973 April 2018Appeal(s) allowed
Kanwal Nain Singh, an employee of State Bank of Patiala, applied for voluntary retirement under a scheme that stipulated applications were irrevocable. He attempted to withdraw his application the next day, which was denied, and he was retired. He challenged the retirement in the High Court and was allowed to continue …
PURBANCHAL EMPLOYEES ASSOCIATIONversusUNION OF INDIA & ORS.
2018 INSC 2993 April 2018Disposed off
The ONGC Purbanchal Employees Association challenged a High Court Division Bench order that remitted two industrial dispute matters concerning the regularisation of contract workers back to the Industrial Tribunal. The Tribunal had earlier awarded regularisation, an award that was upheld by a Single Judge of the Gauhat…
PRATAP MEHTAversusSUNIL GUPTA & ORS.
2018 INSC 10412 November 2018Dismissed
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 statutory notice require…
NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusSMT. SUJATHA
2018 INSC 10362 November 2018Disposed 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 would accrue only if t…
THE MANAGEMENT OF SRI RAMNARAYAN MILLS LTD.versusSECRETARY COIMBATORE DISTRICT TEXTILE WORKERS UNION (HMS) AND ORS
2018 INSC 10372 November 2018Dismissed
The Management of Sri Ramnarayan Mills Ltd. applied to the Joint Commissioner of Labour to amend its certified standing orders by adding "break in service" as a new ground for punishment under Clause 16. The certifying officer allowed the amendment, but the workers' union challenged it. The Labour Court set aside the a…
HIMACHAL PRADESH CRICKET ASSOCIATION & ANR.versusSTATE OF HIMACHAL PRADESH & ORS.
2018 INSC 10392 November 2018Disposed 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 violations of the Preve…
ALL INDIA JUDGES ASSOCIATION & ORS.versusUNION OF INDIA & ORS.
2018 INSC 6712 August 2018Directions issued
The Supreme Court entertained an interlocutory application filed by the All India Judges Association seeking improvement of judicial infrastructure, particularly in subordinate courts. The Court noted that inadequate infrastructure hampers the delivery of justice and violates constitutional guarantees under Articles 21…
SHYAM NARAYAN PRASADversusKRISHNA PRASAD AND ORS.
2018 INSC 5562 July 2018Dismissed
The case concerned a partition of ancestral Hindu Mitakshara property of Gopalji Prasad among his sons, after which the share allotted to defendant No.2 was claimed to be ancestral for his sons and grandson. The plaintiffs sought to set aside an exchange deed executed between defendant No.1 and No.2, arguing that it in…
UNION OF INDIA & ORS.versusRAM LAKHAN SHARMA
2018 INSC 5582 July 2018Dismissed
The Union of India appealed against several High Court judgments that set aside the dismissal of CRPF constables on the ground that no Presenting Officer was appointed and the Inquiry Officer acted as prosecutor, violating natural justice. The respondents had been dismissed following departmental inquiries under Rule 2…
KISHAN RAOversusSHANKARGOUDA
2018 INSC 5612 July 2018Appeal(s) allowed
The appellant had given the accused a loan of Rs.2,00,000 and the accused issued a post‑dated cheque to repay it, which was later returned for insufficient funds. The trial court, applying the presumption under Section 139 of the Negotiable Instruments Act, convicted the accused under Section 138, a decision affirmed b…
DIRECTOR GENERAL, CRPF & ORS.versusJANARDAN SINGH & ORS.
2018 INSC 5572 July 2018Dismissed
The petitioners, senior CRPF pharmacists posted in the North Eastern Region but whose headquarters were in Gwalior, claimed Special (Duty) Allowance under a 1987 Government Order that extended the benefit to CRPF personnel serving in the North East. The Department denied the allowance, citing that the headquarters must…
COMMON CAUSE (A REGD. SOCIETY) & ORS.versusUNION OF INDIA & ORS.
2018 INSC 5682 July 2018Disposed off
The petitioners, including Common Cause, challenged the appointments of K.V. Chowdary as Central Vigilance Commissioner (CVC) and T.M. Bhasin as Vigilance Commissioner (VC) on the ground that the selections violated the constitutional principles of impeccable and institutional integrity. They alleged that Chowdary had …
DEVIDAS LOKA RATHODversusSTATE OF MAHARASHTRA
2018 INSC 5602 July 2018Appeal(s) allowed
Devidas Loka Rathod was convicted under Sections 302 and 324 IPC for assaulting several persons with a sickle, resulting in one death. He pleaded unsound mind, asserting that a pre‑existing psychotic disorder rendered him incapable of understanding his acts. The trial and appellate courts rejected this defence, relying…
OKHLA INDUSTRIAL DEVELOPMENT AUTHORITYversusCHIEF COMMISSIONER OF INCOME TAX AND ORS.
2018 INSC 5592 July 2018Dismissed
The New Okhla Industrial Development Authority (NOIDA), created under the U.P. Industrial Area Development Act, 1976, challenged income‑tax notices on the ground that it qualified as a "local authority" and was therefore exempt under section 10(20) of the Income Tax Act, 1961 as amended by the Finance Act, 2002. The ce…
UNITED INDIA INSURANCE CO. LTD.versus-
2018 INSC 5642 July 2018Case Partly allowed
The Punjab & Haryana High Court, on suo moto basis, registered a public interest litigation after noticing that empanelled advocates of four public sector insurance companies were not appearing in a motor accident case and alleged non‑payment of fees. The Division Bench directed the insurers to adhere to all three GIPS…
SONVIR @ SOMVIRversusTHE STATE OF NCT OF DELHI
2018 INSC 5622 July 2018Appeal(s) allowed
The appellant, Sonvir, was convicted along with two others for a double murder under Sections 302, 392 and 34 of the IPC based largely on circumstantial evidence such as recovered jewellery, a blood‑stained knife, a blood‑stained shirt, a Maruti van, and fingerprint matches. The appellant challenged the admissibility o…
COMMISSIONER OF INCOME TAX(TDS) KANPUR AND ANR.versusCANARA BANK
2018 INSC 5632 July 2018Dismissed
Canara Bank paid interest on fixed deposits to the New Okhla Industrial Development Authority (NOIDA) without deducting tax at source under Section 194A of the Income Tax Act, 1961. The Assessing Officer treated the bank as a defaulter and issued a demand notice, which the bank appealed, relying on Notification dated 2…
M/S NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITYversusCOMMISSIONER OF INCOME TAX APPEALS & ORS.
2018 INSC 5652 July 2018Dismissed
Rajesh Projects entered a 90‑year lease with the Greater Noida Industrial Development Authority (GNIDA) and paid an upfront lease premium plus annual lease rent. The Income‑Tax Department issued notices for non‑deduction of tax at source (TDS) under Section 194‑I on the lease rent, the company contending that GNIDA, be…
PURUSHOTTAM S/O TULSIRAM BADWAIKversusANIL & ORS.
2018 INSC 4462 May 2018Appeal(s) allowed
The appellant and respondents entered into a partnership agreement in 2005 that contained an arbitration clause referring to the Indian Arbitration Act, 1940. The respondents filed a suit seeking injunction, and the appellant moved an application under Section 8 of the Arbitration and Conciliation Act, 1996 (1996 Act) …
SARIKAversusADMINISTRATOR, SHRI MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS
2018 INSC 4422 May 2018Disposed off
The Supreme Court heard an appeal concerning the erosion of the Mahakaleshwar Jyotirlinga lingam at Ujjain, allegedly caused by water, impure puja offerings and inadequate maintenance. The Court clarified that it does not interfere with the manner of religious rituals but may order preventive conservation measures to p…
ORIENTAL INSURANCE COMPANY LIMITEDversusM/S. NARBHERAM POWER AND STEEL PVT. LTD.
2018 INSC 4382 May 2018Appeal(s) allowed
The appellant Oriental Insurance Company Ltd issued a fire industrial all‑risk policy to the respondent M/s Narbheram Power and Steel Pvt. Ltd. After a cyclone caused alleged losses, the insurer repudiated the claim, refusing to accept liability and declined to refer the dispute to arbitration. The insured invoked Clau…
TULARAMversusTHE STATE OF MADHYA PRADESH
2018 INSC 4442 May 2018Appeal(s) allowed
The appellant Tularam was convicted of murder for stabbing Bhadri Lodhi with a spear during a sudden quarrel that escalated into a violent altercation. The key issue was whether Tularam had the intention to cause death or only knowledge that his act could likely cause death. The Supreme Court examined Exception 4 to Se…
MURUGANversusSTATE OF TAMIL NADU
2018 INSC 4402 May 2018Dismissed
The appellant Murugan was convicted under Sections 364 and 302 read with Section 34 of the IPC for the murder of his father-in-law, Murugan, after the main accused Kumar, who had a motive to marry Kumar's daughter, invited the victim for dinner and killed him. The prosecution proved a motive, the invitation, the dinner…
STATE OF KERALA & ANR.versusMYTHRI VIDYA BHAVAN ENGLISH M. SCH. & ORS.
2018 INSC 4412 May 2018Dismissed
The State of Kerala challenged the High Court's order striking down two guidelines it had issued for granting No Objection Certificates (NOC) for CBSE affiliation: a minimum land requirement of three acres and a minimum enrolment of 300 students. The Supreme Court examined whether these requirements were arbitrary and …
COMMISSIONER OF INCOME TAX, CHENNAIversusS. AJIT KUMAR
2018 INSC 4392 May 2018Appeal(s) allowed
The Revenue (Commissioner of Income Tax, Chennai) conducted a search of the assessee S. Ajit Kumar’s premises on 17 July 2002 and, on the same day, a survey of the builder, Elegant Constructions and Interiors Ltd., whose premises revealed a cash payment of Rs 95.16 lakhs that had not been accounted for. The Assessing O…
RELIANCE GENERAL INSURANCE COMPANY LTD.versusSHALU SHARMA & ORS.
2018 INSC 942 February 2018Disposed off
A 42‑year‑old self‑employed businessman died in a motor accident caused by the negligence of a driver whose vehicle was insured by Reliance General Insurance. The Motor Accident Claims Tribunal awarded compensation of Rs 30,26,810, including a 30% addition for loss of future prospects. The insurer appealed, contending …
THE ANIMAL WELFARE BOARD OF INDIA & ORS.versusUNION OF INDIA & ORS.
2018 INSC 892 February 2018Matter referred to larger bench
The Animal Welfare Board of India and others filed writ petitions seeking to quash a 2016 Union notification and to compel compliance with the Supreme Court's earlier judgment in Animal Welfare Board of India v. A. Nagaraja. While the petitions were pending, the Tamil Nadu Amendment to the Prevention of Cruelty to Anim…
BENGAL CHEMISTS & DRUGGISTS ASSN.versusKALYAN CHOWDHURY
2018 INSC 912 February 2018Dismissed
Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. The appellant argued t…
M/S HINDON FORGE PVT. LTD. & ANR.versusTHE STATE OF UTTAR PRADESH THROUGH DISTRICT MAGISTRATE GHAZIABAD & ANR.
2018 INSC 10341 November 2018Leave Granted & Allowed
The Supreme Court examined whether a borrower can invoke Section 17(1) of the SARFAESI Act before the bank or financial institution takes actual physical possession of the secured asset. The dispute arose from Hindon Forge Pvt. Ltd. and others challenging a Full Bench of the Allahabad High Court that had held the remed…
BABASAHEB MARUTI KAMBLEversusSTATE OF MAHARASHTRA
2018 INSC 10311 November 2018Appeal(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 penalty. Kamble filed a S…
SANJAY JAINversusNATIONAL AVIATION CO. OF INDIA LTD.
2018 INSC 10321 November 2018Appeal(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 dues. The Supreme Court …
RAJASTHAN CYLINDERS AND CONTAINERS LIMITEDversusUNION OF INDIA AND ANOTHER
2018 INSC 9161 October 2018Disposed 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, relying on factors such as…
KODUNGALLUR FILM SOCIETY & ANR.versusUNION OF INDIA & ORS.
2018 INSC 9171 October 2018Disposed 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 Public and Private Proper…
DR. S. K. JHUNJHUNWALAversusMRS. DHANWANTI KAUR & ANR.
2018 INSC 9151 October 2018Appeal(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 awarded Rs 2 lakhs by the…
UNION OF INDIA THROUGH ITS SECRETARY & ORS.versusMAJ. GEN. MANOMOY GANGULY
2018 INSC 6681 August 2018Case Partly allowed
The case concerned the appointment of the Director General Medical Services (Army) (DGMS (Army)) and the interpretation of the circular dated 10 July 1992 which required "inter se seniority and suitability" for the post. The respondent, Maj. Gen. Manomoy Ganguly, was the senior-most Lt. General and satisfied the eligib…
NARENDRA KUMAR TIWARI & ORS. ETC.versusTHE STATE OF JHARKHAND & ORS. ETC.
2018 INSC 6661 August 2018Disposed off
The appellants, irregularly appointed daily‑wage/contract workers of the State of Jharkhand, claimed regularisation under the Jharkhand Regularisation Rules, 2015 on the ground that they had rendered more than ten years of service. The High Court rejected their claim, holding that the cut‑off date of 10 April 2006 fixe…
DR. SR. TESSY JOSE AND OTHERSversusSTATE OF KERALA
2018 INSC 6671 August 2018Appeal(s) allowed
The victim, a minor at the time of rape, became pregnant and delivered a child at a hospital where three staff members – a gynecologist, a pediatrician and a hospital administrator – were later charged under Sections 19(1) and 21(1) of the Protection of Children from Sexual Offences (POCSO) Act, and Sections 201 and 34…
MEDICAL COUNCIL OF INDIAversusVEDANTAA INSTITUTE OF ACADEMIC EXCELLENCE PVT. LTD. AND ORS.
2018 INSC 5521 June 2018Appeal(s) allowed
The Medical Council of India (MCI) inspected Vedantaa Institute of Academic Excellence for its first renewal of permission to admit a second batch of MBBS students and found extensive deficiencies in faculty, resident strength, bed occupancy and infrastructure. The Bombay High Court directed MCI to conduct a fresh insp…
TELANGANA HOUSING BOARDversusAZAMUNNISA BEGUM (DIED) THRU. LRS. & ORS.
2018 INSC 4341 May 2018Appeal(s) allowed
The Telangana Housing Board (APHB) acquired a large tract of land, including Survey No. 1009, for a housing scheme in 1968. The respondents later claimed that about 11 acres within Survey No. 1009 were not acquired and sought correction of a purported clerical error under Section 87 of the Andhra Pradesh (Telangana Are…
CHANDRA BHAWAN SINGHversusTHE STATE OF UTTAR PRADESH
2018 INSC 4351 May 2018Dismissed
The case involved the murder of Satyawati, who was allegedly killed by her in‑laws for refusing to pay dowry. Four family members were tried; Jwala Singh was acquitted while Tribhuwan Singh, Makoi Devi and Chandra Bhawan Singh were convicted by the trial court. The High Court upheld the convictions of Tribhuwan Singh a…
DILAWARversusTHE STATE OF HARYANA & ANR.
2018 INSC 4371 May 2018Disposed off
The petitioner, Dilawar, was arrested for alleged participation in mob violence, arson and looting of a cabinet minister's house. His bail applications were rejected by the Sessions Court and the High Court, and the Supreme Court directed that the trial be concluded within six months. The Central Bureau of Investigatio…
UNION OF INDIAversusHARDY EXPLORATION AND PRODUCTION (INDIA) INC
2018 INSC 8651 May 2018Directions issued
The Union of India challenged an international commercial arbitration award in favour of Hardy Exploration and Production (India) Inc. by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The respondent argued that Indian courts lacked jurisdiction because the arbitration agreement s…
ALAKH ALOK SRIVASTAVAversusUNION OF INDIA & ORS.
2018 INSC 4331 May 2018Disposed off
Alakh Alok Srivastava filed a writ petition seeking medical care and compensation for an eight‑month‑old girl who was a victim of an offence under the Protection of Children from Sexual Offences (POCSO) Act, and also sought directions for speedy disposal of POCSO cases across the country. The Court ordered that the chi…
UNION OF INDIAversusLEEN MARTIN & ANR.
2018 INSC 821 February 2018Dismissed
The Union of India appealed a conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged recovery of 12.03 kg of hashish from respondent No.1 at Mumbai airport. The trial court had convicted the accused based largely on the testimony of an intelligence officer (PW‑1), while the High Cour…
WG CDR. ASHWINI KUMAR HANDA (RETD.)versusUNION OF INDIA & ORS.
2018 INSC 881 February 2018Dismissed
Wing Commander Ashwini Kumar Handa, after being granted a two‑year study leave under Army Instructions 13/78, gave a Service Guarantee Certificate to serve nine years from his return. He served only 6 years 8 months before taking premature retirement on health grounds, and the government deducted the full pay and allow…
DANAMMA @ SUMAN SURPUR & ANR.versusAMAR AND ORS.
2018 INSC 841 February 2018Appeal(s) allowed
Gurulingappa Savadi died in 2001 leaving a widow, two sons and two daughters (the appellants). A partition suit was filed in 2002 by one son, Amar, seeking a share of the joint family property. The trial court (decree 2007) and the Karnataka High Court denied the daughters any share, holding they were not coparceners b…
COMMISSIONER OF CENTRAL EXCISE SERVICE TAXversusULTRA TECH CEMENT LTD.
2018 INSC 871 February 2018Appeal(s) allowed
UltraTech Cement Ltd claimed Cenvat credit for service tax paid on outward transportation of cement from its factory to customers' premises during Jan‑Jun 2010. The Revenue argued that such transport service, being beyond the "place of removal", is not an "input service" under Rule 2(l)(ii) of the Cenvat Credit Rules, …