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Judgments of 2019

1050 judgments · newest first · showing 1–200

STATE OF ODISHA & ORS.versusBICHITRANANDA DAS

2019 INSC 1403Appeal(s) allowed

The State of Odisha granted a 90‑year lease of a plot in 1981. In 2003 it issued a policy allowing conversion of such leasehold plots to freehold, subject to the condition that the lessee must not be encroaching on any government land. The respondent applied for conversion on 15 September 2003, but …

M/S. DYNA TECHNOLOGIES PVT. LTD.versusM/S. CROMPTON GREAVES LTD.

2019 INSC 1395Disposed off

M/s Dyna Technologies entered into a contract with M/s Crompton Greaves for construction work on an aquaculture project, which was terminated prematurely, leading Dyna to claim compensation for loss of profit, idle charges and unproductive use of machinery. The arbitral tribunal awarded Rs 27,78,125 …

DAV PUBLIC SCHOOLversusTHE SENIOR MANAGER, INDIAN BANK, MIDNAPUR BRANCH & ORS.

2019 INSC 1402Appeal(s) allowed

The principal of DAV Public School complained that the school’s three bank accounts were improperly linked to his personal net‑banking Customer Information File, enabling fraudsters to siphon Rs 30 lakh. The State Consumer Commission, Banking Ombudsman and NCDRC found the bank at fault but limited …

AKSHAY KUMAR SINGHversusSTATE (NCT OF DELHI)

2019 INSC 1411Dismissed

The case concerns the conviction and death sentence of Akshay Kumar Singh, a bus cleaner, for his participation in the gang rape and murder of a young woman on a Delhi bus (the Nirbhaya case). Singh filed a criminal review petition challenging the Supreme Court's 2017 judgment that upheld his …

MAYANK N SHAHversusSTATE OF GUJARAT & ANR.

2019 INSC 1396Appeal(s) allowed

The appellant, a chief manager (operations) of a partnership firm, was convicted along with others for presenting forged bills and transport receipts to obtain credit facilities from a bank, thereby cheating the bank. The prosecution proved beyond reasonable doubt that the appellant knowingly …

G H STANDARD CHARTERED BANKversusHEAVY ENGINEERING CORPORATION LTD. & ANR.

2019 INSC 1405Dismissed

The plaintiff Heavy Engineering Corporation (HEC) ordered equipment from Simon Carves India Ltd. (SCIL) and obtained two bank guarantees from Standard Chartered Bank (formerly ANZ Grindlays) as security for advances. SCIL failed to deliver, and HEC demanded encashment of the guarantees, which the …

G H M/S CEE CEE & CEE CEEversusK. DEVAMANI & ORS.

2019 INSC 1409Appeal(s) allowed

The appellant, a holder of an F.L.-1 wholesale liquor licence, applied to shift its licensed shop from Mahe to Karaikal, another region of the Union Territory of Puducherry, under Rules 163 and 209 of the Puducherry Excise Rules. The Deputy Commissioners granted permission subject to two additional …

G H KANWAR PAL SINGHversusTHE STATE OF UTTAR PRADESH AND ANOTHER

2019 INSC 1406Appeal(s) allowed

The appellant, a director of a mining company, was granted a lease to excavate sand in specific plots in Mirzapur, Uttar Pradesh, but was alleged to have mined sand outside the permitted area, leading to registration of an FIR under Section 379 IPC, the Mines and Minerals (Development and …

G H KHAJA BILAL AHMEDversusSTATE OF TELANGANA & ORS.

2019 INSC 1404Appeal(s) allowed

Khaja Bilal Ahmed was detained under the Telangana Prevention of Dangerous Activities Act, 1986 on 25 October 2018, with the order citing fourteen prior criminal cases from 2007‑2016 as his antecedent background. The appellant challenged the detention, arguing that the cited cases were stale, …

ANOKHILALversusSTATE OF MADHYA PRADESH

2019 INSC 1399Disposed off

The appellant, Anokhilal, was convicted of kidnapping, rape and murder of a nine‑year‑old girl and sentenced to death along with several other terms of imprisonment. He was represented by an Amicus Curiae appointed by the Legal Services Authority on the same day that charges were framed, leaving the …

JHARKHAND PUBLIC SERVICE COMMISSIONversusMANOJ KUMAR GUPTA AND ANR.

2019 INSC 1401Disposed off

The Jharkhand Public Service Commission (JPSC) advertised the Jharkhand Eligibility Test (JET) to determine eligibility for lecturer appointments, requiring candidates to secure 50% in Papers I and II before attempting Paper III. The petitioner obtained the required 50% in Papers I and II but failed …

MANJUversusSTATE OF DELHI

2019 INSC 1385Appeal(s) allowed

The appellant, a mother, gave birth to a baby girl in a Delhi hospital; the infant died shortly after being handed to her, and the prosecution alleged she strangulated the child because it was female. The trial court and the High Court convicted her of murder under Section 302 IPC based largely on …

CHANDIGARH HOUSING BOARDversusM/S. PARASVANATH DEVELOPERS PVT. LTD. & ANR.

2019 INSC 1392Dismissed

The Chandigarh Housing Board (CHB) and M/s Parasvanath Developers entered into a Development Agreement and a Tripartite Agreement with flat buyers. The flat buyer filed a complaint before the National Consumer Disputes Redressal Commission seeking refund of the deposit, interest, and compensation. …

MUNISH KAKKARversusNIDHI KAKKAR

2019 INSC 1384

Munish Kakkar filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging cruelty, extra‑marital affairs, and a child out of wedlock, after a marriage that had effectively collapsed with the parties living apart for over sixteen years. The trial court granted a decree of …

DR. (MAJOR) MEETA SAHAIversusSTATE OF BIHAR & ORS.

2019 INSC 1387Appeal(s) allowed

Dr. Meeta Sahai, a former Army Medical Corps doctor, applied for a General Medical Officer post in Bihar but was denied marks for work experience because the advertisement limited such experience to hospitals run by the Government of Bihar. She challenged this restriction, arguing that the Bihar …

G H M/S GENENTECH INC. & ORS.versusDRUGS CONTROLLER GENERAL OF INDIA & ORS.

2019 INSC 1391Appeal(s) allowed

Genentech Inc., Roche Products (India) and F. Hoffmann‑La Roche filed a suit in the Delhi High Court seeking to restrain Reliance Life Sciences from launching its biosimilar product ‘TrastuRel’, alleging improper use of data and passing off. The Single Judge of the High Court, on 25 April 2016, …

UNIVERSITY OF DELHIversusUNION OF INDIA & ORS.

2019 INSC 1389Dismissed

The University of Delhi challenged the conversion of land acquired for the Delhi Metro project into a residential housing scheme, filing a writ petition that was dismissed for delay and laches. The University later filed a Letters Patent Appeal (LPA) 916 days after the writ petition’s disposal, …

SAKETA VAKSANA LLP & ANR.versusKAUKUTLA SARALA & ORS.

2019 INSC 1390Dismissed

The developer and landowners entered into an unregistered agreement of sale for 54 acres of agricultural land, with a clause stating that physical possession of the entire land was handed over to the developer at execution. Disputes arose over whether the developer actually possessed the 17.31‑acre …

RAJ KUMARI AND OTHERSversusSURINDER PAL SHARMA

2019 INSC 1388Appeal(s) allowed

The appellant Raj Kumari filed a partition suit claiming a one‑fourth share in a tenement allotted to her mother Suhagwanti. The respondent Surinder Pal Sharma defended the suit by producing a registered Will dated 02‑01‑1992, allegedly executed by Suhagwanti in his favour and attested by Ramesh …

PUNEET DALMIAversusCENTRAL BUREAU OF INVESTIGATION, HYDERABAD

2019 INSC 1379Disposed off

The appellant, accused No.3 in a CBI case involving offences under Sections 120‑B, 420, 409 IPC and the Prevention of Corruption Act, was required to appear before the trial court in Hyderabad every Friday despite residing in Delhi. He applied under Section 205 of the CrPC to be exempted from …

G H DSGversusAKG

2019 INSC 1376Disposed off

The mother, alleged to suffer from paranoid schizophrenia, filed a guardianship petition seeking custody of her minor daughter, while the father sought custody on grounds of the mother’s mental illness and alleged cruelty. The mother counter‑alleged that the father sexually abused the child. Three …

MUKUL KUMAR TYAGIversusTHE STATE OF UTTAR PRADESH AND ORS.

2019 INSC 1380Appeal(s) allowed

The Supreme Court examined the recruitment of Technician Grade‑II officers by Uttar Pradesh Power Corporation Ltd. and the Uttar Pradesh Electricity Service Commission, where the advertisement required a Certificate of Computer Concept (CCC) or an equivalent qualification. Candidates were allowed to …

MAHARAJA AGRASEN HOSPITAL & ORS.versusMASTER RISHABH SHARMA & ORS.

2019 INSC 1378Disposed off

The case arose from a complaint by the mother of a pre‑term baby who became totally blind due to alleged failure to screen for Retinopathy of Prematurity (ROP). The National Consumer Disputes Redressal Commission held the hospital and three doctors negligent and awarded Rs. 64,00,000 in …

SHAILENDRA RAJDEV PASVAN AND OTHERSversusSTATE OF GUJARAT ETC.

2019 INSC 1363Appeal(s) allowed

The appellants were accused of kidnapping and murdering a nine‑year‑old boy in February 2001. The prosecution's case rested on an extra‑judicial confession by Accused No.1, the testimony of two witnesses (PW‑28 and PW‑29) to establish a "last seen" theory, and circumstantial evidence linking the …

M/S. DAFFODILLS PHARMACEUTICALS & ANR.V. STATE OF U.P. & ANR.versusSTATE OF U.P. & ANR

2019 INSC 1366Appeal(s) allowed

M/s Daffodills Pharmaceuticals, a bidder for a state tender to supply medicines, was barred from any local procurement by an order dated 21‑08‑2015 issued by the Principal Secretary, Government of Uttar Pradesh, on the ground that a FIR and CBI inquiry existed against a former director. Daffodills …

SRI PRABODH CH. DAS AND ANR.versusMAHAMAYA DAS AND ORS.

2019 INSC 1371Disposed off

The plaintiffs filed a suit for declaration of title, possession and mesne profits, which was dismissed by the trial court. The trial court's decision was set aside by the first appellate court, and the defendants appealed the decree in a second appeal before the High Court of Tripura. On the …

THE DIRECTOR GENERAL OF POLICE & ANR.versusM JEYANTHI

2019 INSC 1369Appeal(s) allowed

M. JeyanthI, a Grade II Police Constable, tendered her resignation on 1 June 2017 which was accepted by the Director General of Police on 12 June 2017. She attempted to withdraw the resignation on 13 July 2017. The DGP rejected her representation, leading to a writ petition that was dismissed by a …

SHYAM MADAN MOHAN RUIA & ORS.versusMESSER HOLDINGS LIMITED & ORS.

2019 INSC 1370Disposed off

The appellants (Ruias) entered into a settlement on 5 December 2002 transferring 75,001 shares of Bombay Oxygen Investments Ltd. to them. Respondent No.1 (Messer Holdings Ltd.) filed Suit No. 2410 of 2008 seeking to cancel the settlement and claimed ownership of the shares, raising a limitation …

RAJNISH KUMAR MISHRA & ORS. ETC.versusSTATE OF UTTAR PRADESH & ORS. ETC.

2019 INSC 1373Appeal(s) allowed

The appellants were initially appointed on an ad‑hoc basis to the Ambedkar Nagar Judgeship between 1999 and 2001 and continued in service after a 2006 High Court order allowing them to remain pending a recruitment process that was later cancelled. They sought regularisation; a District Judge formed …

SURAJ JAGANNATH JADHAVversusTHE STATE OF MAHARASHTRA

2019 INSC 1368Dismissed

Suraj Jagannath Jadav was convicted of murder for pouring kerosene on his pregnant wife and setting her ablaze. He appealed, arguing that he was intoxicated, lacked intent to kill, and that the subsequent act of pouring water should reduce the offence to culpable homicide not amounting to murder …

S. KRISHNA SRADHAversusTHE STATE OF ANDHRA PRADESH & ORS.

2019 INSC 1362Reference answered

The appellant, a meritorious candidate claiming reservation in the sports and games category, was denied admission to the MBBS course after the statutory cut‑off date of 30 September 2015. The High Court, relying on the decision in Jasmine Kaur, refused admission and awarded only monetary …

SANJAI KUMAR & ORS.versusDR. PRABHAT KUMAR ETC.

2019 INSC 1372Disposed off

The Supreme Court examined contempt petitions filed by a group of assistant‑teacher candidates who alleged that the Uttar Pradesh government had failed to appoint them despite interim orders directing the appointment of all candidates who scored at least 70% (general) or 65% (reserved) in the …

SIRAJ AHMADversusSTATE OF UTTAR PRADESH & ANR.

2019 INSC 1367Appeal(s) allowed

Siraj Ahmad was appointed on an ad‑hoc basis as Junior Engineer in 1987 under the U.P. Development Authorities Centralised Service Rules, 1985, without the concurrence of the U.P. Public Service Commission. While in service he obtained a B.Sc. (Engineering) degree and sought promotion to Assistant …

G H JASMEET KAURversusSTATE (NCT OF DELHI) & ANR.

2019 INSC 1361Disposed off

The petitioner, a U.S. citizen, married a U.S. citizen husband and had two children who are U.S. citizens. After a visit to India, the petitioner refused to return to the United States with the children, prompting the husband to obtain custody orders in a Connecticut Superior Court and later file a …

RAMJI SINGH & ORS.versusTHE STATE OF UTTAR PRADESH

2019 INSC 1357Dismissed

The case concerned the murder of Sarman Singh, for which six accused were charged under sections 147, 148, 149, 302, 449 and 452 of the IPC. The trial court acquitted all accused, but the High Court convicted three of them (Ramji Singh, Laxman Singh and Lala Ram) based on the testimony of two …

ANDHRA PRADESH PUBLIC SERVICEversusKOTA LINGESWARA RAO & ORS.

2019 INSC 1360Appeal(s) allowed

The Andhra Pradesh Public Service Commission (APPSC) conducted a recruitment test for Junior Lecturer in Mathematics and selected G.V. Ramakrishna Sagar, who later declined to join. The next‑highest scorer, Respondent No.1, waited four years and filed an application before the AP Administrative …

G H UNION OF INDIA & ORS.versusWING COMMANDER S.P. RATHORE

2019 INSC 1359Appeal(s) allowed

Wing Commander S.P. Rathore, an Air Force officer, retired on superannuation with a disability assessed at less than 20% and applied for a disability pension. The Armed Forces Tribunal granted the pension by applying the rounding‑off provisions of Para 7.2 of the Ministry of Defence circular. The …

RAM MURTI YADAVversusSTATE OF UTTAR PRADESH AND ANOTHER

2019 INSC 1354Dismissed

The appellant, a senior judicial officer, was compulsorily retired under Rule 56(c) of the U.P. Fundamental Rules after a censure entry in his service record following a vigilance enquiry into an acquittal he had granted. He challenged the retirement, arguing that a single adverse entry and an error …

SAEEDA KHATOON ARSHIversusSTATE OF UP & ANR

2019 INSC 1355Appeal(s) allowed

The appellant, mother of a deceased woman, alleged that her daughter was murdered by her son‑in‑law (the second respondent) rather than having committed suicide. During the trial of a friend of the second respondent for abetment of suicide under IPC s.306, the trial court, on the basis of the …

STATE OF UTTAR PRADESH AND OTHERSversusSUDARSHANA CHATTERJEE

2019 INSC 1350Appeal(s) allowed

Sudharshana Chatterjee, a lecturer in Uttar Pradesh (UP), applied for a post in Chhattisgarh and, while her leave request was pending, joined the Chhattisgarh Institute of Medical Sciences (CIMS) and drew salary from both states. After retiring from CIMS, she claimed gratuity, pension and leave …

ABCDversusUNION OF INDIA & ORS.

2019 INSC 1347Disposed off

The petitioner (ABCD) filed a writ petition seeking a mandamus directing that investigations under FIR No.58/2018 (rape) and FIR No.256/2018 (extortion) be transferred from Delhi Police to an independent central agency, along with protection under Section 438 of the CrPC. The Court examined the …

RAJENDRA DIWANversusPRADEEP KUMAR RANIBALA & ANR.

2019 INSC 1353

The petitioners challenged the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provides a direct appeal to the Supreme Court from orders of the Rent Control Tribunal. The Court examined whether the State Legislature had competence to legislate on the jurisdiction of the …

KUNJAN SADANA & ANR.versusMAHESH KUMAR & ORS

2019 INSC 1348Appeal(s) allowed

The claimants, the mother and minor brother of 19‑year‑old Yitesh Sadana, sought compensation under the Motor Vehicles Act after his death in a bus accident caused by driver negligence. The Tribunal and the Delhi High Court awarded loss of dependency using a multiplier of 15, based on the mother’s …

RAJAversusSTATE BY THE INSPECTOR OF POLICE

2019 INSC 1346Dismissed

The case involved seven accused of a dacoity during which five eye‑witnesses were seriously injured. All six of the accused (Nos.1‑6) were identified by the injured witnesses in a Test Identification Parade (TIP) and were convicted under Sections 394, 395, 396 and 449 of the IPC; accused No.7 was …

GOOGLE INDIA PRIVATE LIMITEDversusM/S. VISAKHA INDUSTRIES

2019 INSC 1352Disposed off

The appellant, Google India Private Limited, was summoned under a criminal complaint alleging defamation (IPC ss.120B, 500, 501 r/w s.34) for articles posted in a Google Group hosted by it. It filed a petition under CrPC s.482 seeking to quash the summons, arguing it was not an intermediary and that …

BGS SGS SOMA JVversusNHPC LTD.

2019 INSC 1349Appeal(s) allowed

The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the …

DR. TANVI BEHLversusSHREY GOEL & ORS.

2019 INSC 1342Matter referred to larger bench

The Supreme Court considered appeals against a Punjab and Haryana High Court order that struck down a domicile/residence‑based reservation provision in the prospectus of Government Medical College, Chandigarh for PG medical courses. The petitioners sought to uphold the reservation for candidates …

MALARVIZHI & ORS.versusUNITED INDIA INSURANCE COMPANY LIMITED & ANR.

2019 INSC 1341Case Partly allowed

The deceased Aranganathan died in a motor accident and his wife and four daughters claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 59.04 lakh, which the Madras High Court reduced to Rs 33.55 lakh by fixing the deceased's annual …

DRAVIDA MUNNETRA KAZHAGAM (DMK)versusSECRETARY GOVERNORS SECRETARIAT AND ORS.

2019 INSC 1326IA disposed

The Dravida Munnetra Kazhagam (DMK) sought to strike down a Tamil Nadu Government notification that scheduled local body elections in nine newly created districts without first completing a fresh delimitation exercise. The State had increased the number of districts from 31 to 39 and announced an …

THE STATE OF TELANGANAversusSRI MANAGIPET @ MANGIPET SARVESHWAR REDDY

2019 INSC 1333Disposed off

The State of Telangana filed a criminal appeal against a Hyderabad High Court order that partially quashed a charge‑sheet under the Prevention of Corruption Act, 1988 against former OSD Sri Managipet @ Mangipet Sarveshwar Reddy for possessing assets disproportionate to his known income. The High …

DARSHAN SINGHversusSTATE OF PUNJAB

2019 INSC 1327Dismissed

The deceased, Surjit Kaur, was found dead in a jute bag with her face disfigured by acid; she had inherited land and was not receiving lease money from her son, providing a motive for the accused. The prosecution relied on extra‑judicial confessions recorded by a witness, medical evidence of a …

RAJESH KUMAR DWIVEDIversusSTATE OF U.P. & ANR.

2019 INSC 1331Appeal(s) allowed

The appellant applied for the post of Instructor (Fitter) in a Government Industrial Training Institute, where the eligibility required a certificate in the trade from the National Council for Vocational Training (NCVT). He possessed three separate NCVT certificates – a basic one‑year Mechanical …

DHARMENDRA PRASAD & ORS.versusSUNIL KUMAR & ORS.

2019 INSC 1332Disposed off

The Uttarakhand Pey Jal Nigam, a statutory body created under the Uttar Pradesh Water Works and Sewer Arrangement Act, 1975, appointed Junior Engineers in several categories using separate merit lists. Although the higher‑merit candidates (appellants) were appointed later than some lower‑merit …

M/S. UNICORN INDUSTRIESversusUNION OF INDIA & OTHERS

2019 INSC 1336Dismissed

Unicorn Industries, a manufacturer in Sikkim, claimed that a 2003 exemption notification under Section 5A of the Central Excise Act, 1944, which exempted basic excise duty and certain additional duties, also covered the National Calamity Contingent Duty (NCCD), education cess and secondary/higher …

STATION HOUSE OFFICER, CBI/ACB/BANGALOREversusB.A. SRINIVASAN AND ANR.

2019 INSC 1322Appeal(s) allowed

B.A. Srinivasan, a former Assistant General Manager of Vijaya Bank who retired on 31‑Oct‑2012, was alleged to have conspired with others to fraudulently sanction and disburse loans, violating bank rules. An FIR was lodged in 2013 and a charge‑sheet filed in 2014, charging him under IPC sections 419, …

MAHIPALversusRAJESH KUMAR @ POLIA & ANR.

2019 INSC 1325Appeal(s) allowed

Mahipal filed a criminal appeal challenging the Rajasthan High Court's order granting bail to five accused in the murder of his nephew, Akhilesh. The FIR alleged that the accused assaulted the victim with rods, causing fatal head injuries, as corroborated by a post‑mortem report and a Section 161 …

BSES YAMUNA POWER LTD.versusSH. GHANSHYAM CHAND SHARMA & ANR.

2019 INSC 1324Appeal(s) allowed

The employee, a daily rated mazdoor appointed in 1968 and regularised as a peon in 1971, tendered his resignation in July 1990 after the employer denied his application for voluntary retirement on the ground that he had not completed twenty years of service. The employer denied pension benefits, …

M/S BHUWALKA STEEL INDUSTRIES LTD. & ANR.versusUNION OF INDIA & ORS.

2017 INSC 265Directions issued

The Supreme Court was asked to decide the validity of Rule 5 of the 1997 Central Excise Rules, which was challenged on the grounds of being ultra vires of Section 3A of the Central Excise Act and violative of Article 14 of the Constitution. The Division Bench, however, diverted attention to a …

STATE OF NCT OF DELHIversusSHIV CHARAN BANSAL & ORS.

2019 INSC 1321Appeal(s) allowed

The Supreme Court examined the State’s appeal against the discharge of several accused in the murder of S.N. Gupta. The prosecution alleged a pre‑planned criminal conspiracy involving Shiv Charan Bansal, his son, and others, supported by call‑detail records, recovered weapon, ballistic reports and …

P. CHIDAMBARAMversusDIRECTORATE OF ENFORCEMENT

2019 INSC 1317Appeal(s) allowed

The Union Finance Minister P. Chidambaram was implicated in a CBI‑filed FIR and a subsequent Enforcement Directorate money‑laundering case, though he was not named as an accused. After his arrest, he sought regular bail under CrPC s.439, which the Delhi High Court denied on grounds of alleged …

STATE OF ODISHA & ORS.versusMANJU NAIK

2019 INSC 1316Appeal(s) allowed

The widow of a government employee who retired on grounds of mental incapacity sought, after 14 years, fixation of pay and family pension, but never claimed invalid pension. The Odisha Administrative Tribunal ordered an invalid pension under Rule 39 of the Orissa Civil Services (Pension) Rules, …

HINDUSTAN ZINC LIMITED (H.Z.L.)versusAJMER VIDYUT VITRAN NIGAM LIMITED

2019 INSC 1319Disposed off

Hindustan Zinc Limited (HZL) operates four units and a captive power plant, and entered into open‑access agreements with Ajmer Vidyut Vitran Nigam Ltd (AVVNL) for wheeling power to three of its units. A dispute arose over unscheduled interchange (UI) charges under clauses 8 and 9 of the agreements. …

HARBHAJAN SINGH ETCversusSTATE OF PUNJAB AND OTHERS

2019 INSC 1315Dismissed

The appellants, tenants of shops in a Gurudwara, challenged the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 on the ground that it withdrew the protection afforded to them under the East Punjab Urban Rent Restrictions Act, 1949 and violated Article 14. The Supreme Court …

GREAT EASTERN SHIPPING CO. LTD.versusSTATE OF KARNATAKA & ORS.

2019 INSC 1314Dismissed

The Great Eastern Shipping Co. Ltd., owner of a tug, entered into a six‑month time charter agreement with New Mangalore Port Trust. The Karnataka tax authorities directed the company to register under the Karnataka Sales Tax Act, 1957, claiming the agreement attracted tax under section 5C, which …

BHAWNA BAIversusGHANSHYAM AND OTHERS

2019 INSC 1313Appeal(s) allowed

The appellant Bhawna Bai complained that her husband was found dead in the field of the first respondent, Ghanshyam, who allegedly prevented her from reaching the body. An FIR was eventually registered under Section 302 IPC read with Section 34 IPC and the trial court framed charges against the …

KEYSTONE REALTORS PVT. LTD.versusSHRI ANIL V THARTHARE & ORS.

2019 INSC 1312Dismissed

Keystone Realtors Pvt. Ltd. undertook a residential redevelopment project in Mumbai. The project’s built‑up area grew from 8,720.32 sq m to 32,395.17 sq m, triggering the need for an Environmental Clearance (EC) under the 2006 EIA Notification, which was granted on 2 May 2013. The appellant later …

UNION OF INDIA & ORS.versusLT. COL. SAMEER SINGH

2019 INSC 1307Dismissed

Lt. Col. Sameer Singh, an Indian Army officer, was posted to the Directorate General Quality Assurance (DGQA) and later considered for Permanent Secondment. His case was evaluated by the Quality Assurance Selection Board (QASB) in February 2016, and he was not recommended because his Technical …

M/S ALKEM LABORATORIES LTD.versusSTATE OF MADHYA PRADESH AND ANR.

2019 INSC 1304Appeal(s) allowed

Alkem Laboratories Ltd, the marketer of a "sugarless" jelly manufactured by another company, was implicated after a food inspector seized samples from a retailer and a public analyst found sugar, constituting misbranding. The retailer later moved an application under Section 20A of the Prevention of …

UNION OF INDIA AND OTHERSversusRAMESH BISHNOI

2019 INSC 1302Dismissed

Ramesh Bishnoi was selected for the post of Sub‑Inspector in the CISF and disclosed an FIR from 2009 alleging offences under IPC sections 354, 447 and 509 that were committed when he was a minor. He was acquitted in 2011 due to lack of evidence, but the screening committee cancelled his appointment …

FOOD CORPORATION OF INDIAversusPRATAP KUNDU

2019 INSC 1305Disposed off

The Food Corporation of India (FCI) entered into a handling and transport contract with contractor Pratap Kundu, wherein the rate for supplying casual labour (Item 24) was to be determined by a pending Supreme Court case. The Supreme Court later ordered that casual labourers be paid wages as per …

G H P. GOPALKRISHNAN @ DILEEPversusSTATE OF KERALA AND ANR.

2019 INSC 1303Appeal(s) allowed

The appellant, accused in a rape case, sought a cloned copy of the contents of a memory card/pen‑drive that the prosecution intended to rely upon, arguing that the electronic record should be treated as a "document" under the Evidence Act and thus be furnished under Section 207 of the CrPC. The …

ODISHA FOREST DEVELOPMENT CORPORATION LTD.versusM/S ANUPAM TRADERS & ANR.

2019 INSC 1296Case Partly allowed

The Odisha Forest Development Corporation Ltd. (OFDC) issued an e‑tender for the sale of phal Kendu leaves. The successful bidder, M/s Anupam Traders, paid the provisional security deposit but failed to pay the additional security amount (25% of the purchase price) by the stipulated deadline, …

JAI PRAKASHversusSTATE OF UTTAR PRADESH AND OTHERS

2019 INSC 1294Dismissed

The case concerned the murder of Ravi Prakash, alleged to have been committed by accused Nos.1, 2 and 4 under Sections 302 and 120B IPC. The trial court convicted the three accused based on the testimony of two eye‑witnesses and medical evidence, but the High Court acquitted them, finding material …

THE ASSAM PUBLIC SERVICE COMMISSION & ORS.versusPRANJAL KUMAR SARMA & ORS.

2019 INSC 1297Appeal(s) allowed

The Assam Public Service Commission (APSC) advertised 65 Assistant Engineer (Civil) posts on 21‑12‑2018 and conducted a screening test on 30‑06‑2019 under the 2010 Rules, which did not provide for negative marking. The APSC later introduced a new 2019 Procedure effective 01‑04‑2019, containing …

R. R. INAMDARversusSTATE OF KARNATAKA & ORS.

2019 INSC 1298Disposed off

The appellant, R.R. Inamdar, a Scheduled Caste teacher, was promoted to the solitary post of Lecturer in English in a Karnataka school based on roster points. The senior fifth respondent, who was appointed earlier, challenged the appointment, arguing that reservation under Article 16(4) could not …

M/S DEEP INDUSTRIES LIMITEDversusOIL AND NATURAL GAS CORPORATION LIMITED & ANR.

2019 INSC 1299Appeal(s) allowed

The appellant, Deep Industries Ltd, was contractually terminated by ONGC for allegedly supplying second‑hand equipment and was subsequently black‑listed for two years. The dispute was referred to arbitration, where the arbitrator stayed the blacklist order conditionally, and the first appeal under …

M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITEDversusNORTHERN COAL FIELD LIMITED

2019 INSC 1292Disposed off

The parties entered into a contract on 21‑12‑2010 that contained an arbitration clause. A dispute over payment and security deductions arose, and the contractor served a notice of arbitration on 09‑03‑2016, which the respondent ignored. The contractor then filed an application under Section 11 of …

VINOD KUMAR GARGversusSTATE (GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI)

2019 INSC 1287Dismissed

Inspector Vinod Kumar Garg was convicted for demanding and accepting a bribe of Rs.500 from Nand Lal in exchange for facilitating an electricity connection to a shed, with the money recovered from his pant pocket during a police trap. The appellant appealed, alleging material contradictions in the …

HINDUSTAN CONSTRUCTION COMPANY LIMITED & ANR.DIA & ORS.versusUNION OF INDIA

2019 INSC 1289Disposed off

The Supreme Court examined a batch of writ petitions filed by Hindustan Construction Company Ltd seeking to strike down Section 87 of the Arbitration and Conciliation (Amendment) Act, 2019 and the deletion of Section 26 of the 2015 Amendment, arguing that they revived an automatic‑stay of arbitral …

UNION OF INDIA & ORS.versusP. S. GILL

2019 INSC 1290Dismissed

The Union of India appealed against the Armed Forces Tribunal’s order quashing the convening of a General Court Martial against former Army officer P.S. Gill, who was alleged to have been involved in procurement irregularities. After a Court of Inquiry identified twelve officers, including Gill, a …

G H CENTURY RAYON LIMITEDversusIVP LIMITED AND OTHERS

2019 INSC 1288Appeal(s) allowed

Century Rayon Ltd (appellant) sought to erect 100 kV electricity transmission towers on land owned by IVP Ltd (first respondent) under a sanction from MSEDC. IVP Ltd filed a suit for permanent injunction alleging the contractors were excavating its land without permission. The trial court and High …

SHIV SENA AND ORS.versusUNION OF INDIA AND ORS.

2019 INSC 1286Directions issued

The petitioners (Shiv Sena, NCP and INC) challenged the Governor of Maharashtra’s decision to invite the BJP leader Devendra Fadnavis to form the government after President's Rule was revoked on 23 November 2019. They argued that the Governor’s action violated constitutional principles, including …

GURJIT SINGHversusSTATE OF PUNJAB

2019 INSC 1281Case Partly allowed

Gurjit Singh was convicted under Section 498-A IPC for dowry-related cruelty after his wife, Jaswinder Kaur, committed suicide within seven years of marriage. The High Court also convicted him under Section 306 IPC, invoking the presumption of abetment under Section 113-A of the Evidence Act. On …

V. RAJARAMversusSTATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB

2019 INSC 1282Appeal(s) allowed

In May 2007 a protest turned violent at the Dinakaran newspaper office, resulting in arson and the death of three employees. The Deputy Superintendent of Police (DSP) Rajaram, who was on bandobust duty, was charged under Sections 217 and 221 of the IPC for allegedly disobeying orders and …

NASIMA NAQIversusTODI TEA COMPANY LTD. AND ORS

2019 INSC 1284Disposed off

Nasima Naqi, the wife of a deceased tenant, continued to occupy a shop premises let for non‑residential purposes since 1988. After the tenant's death in 2002, the landlord sued for eviction alleging default in rent and that the statutory five‑year protection for heirs under the West Bengal Premises …

PERKINS EASTMAN ARCHITECTS DPC & ANR.C (INDIA) LTD.versusHSCC (INDIA) LTD

2019 INSC 1285

Perkins Eastman Architects DPC & Anr (applicants) entered into a design‑consultancy contract with HSCC (India) Ltd (respondent) that contained Clause 24 for dispute resolution by a sole arbitrator appointed by the Chairman and Managing Director (CMD) of HSCC. The applicants invoked arbitration on 28 …

KARNATAKA STATE POLLUTION CONTROLversusB. HEERA NAIK & ORS. ETC.

2019 INSC 1283Appeal(s) allowed

The Karnataka State Pollution Control Board (KSPCB) filed complaints against the City Municipal Council (CMC) of Krishnarajapuram and its former commissioners for discharging untreated sewage in violation of the Water (Prevention and Control of Pollution) Act, 1974. The High Court quashed the …

JITENDRA SINGHversusMINISTRY OF ENVIRONMENT & ORS.

2019 INSC 1280Appeal(s) allowed

Jitendra Singh, a resident of village Saini, challenged the allotment of two village ponds (recorded as ‘pokhar’ in revenue records) to private industrialist Sharp Enterprises by the Greater Noida Industrial Development Authority (GNIDA). The ponds had been leased to Sharp in 2012, but GNIDA relied …

W. N. ALLAL SUNDARAMversusTHE COMMISSIONER H.R. & C.E. ADMN. DEPARTMENT & ORS.

2019 INSC 1274Dismissed

The appellant, W.N. Allal Sundaram, challenged a declaration that the Bagyammal Trust was a public trust under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, asserting it was a private family trust. The dispute centered on a Deed of Settlement dated 4 June 1926, which entrusted …

RADHA BAIversusRAM NARAYAN & ORS.

2019 INSC 1273Dismissed

The appellant, Radha Bai, claimed a half‑share in a piece of land that was originally part of the ancestral property of her great‑grandfather Sukhdeo. After Sukhdeo's death in 1965, his two sons Janakram and Pilaram partitioned the land in 1967, giving Janakram the exclusive share, which he later …

GENPACT INDIA PRIVATE LIMITEDversusDEPUTY COMMISSIONER OF INCOME TAX & ANR.

2019 INSC 1277Dismissed

Genpact India Private Limited bought back shares from its Mauritius holding company and was assessed a tax under Section 115QA of the Income Tax Act, 1961. The assessee denied liability and challenged the assessment order through a writ petition under Article 226, arguing that no statutory appeal …

NORTH DELHI MUNICIPAL CORPORATIONversusHARLEEN KAUR & ORS.

2019 INSC 1275Disposed off

The North Delhi Municipal Corporation appealed against the Central Administrative Tribunal's order that regularised Harleen Kaur and others as Entomologists, granting them notional pay and continuity of service. The respondents had been appointed contractually after a public advertisement in …

N. MOHANversusR. MADHU

2019 INSC 1270Disposed off

The appellant, a businessman, was ordered to repay Rs.45,00,000 borrowed from the respondent, but failed to do so, leading to an ex‑parte decree in the respondent's suit. The appellant first sought to set aside the decree via an application under Order IX Rule 13 CPC, which was dismissed, and later …

UNION OF INDIA THR. SECRETARY & ORS.versusUDAI BHAN SINGH

2019 INSC 1271Appeal(s) allowed

Udai Bhan Singh, a Postal Assistant, was charged with misconduct for authorising payments of National Savings Certificate commissions to fictitious agents, resulting in a loss of Rs.6.65 lakh. The disciplinary inquiry found the charges proved, leading to a reduction in pay, which was later enhanced …

REKHA MURARKAversusTHE STATE OF WEST BENGAL AND ANR.

2019 INSC 1269Disposed off

The appellant, a widow, sought to have her private counsel assist the prosecution in a murder trial by making oral arguments, examining and cross‑examining witnesses, invoking Section 301 read with the proviso to Section 24(8) of the CrPC. The trial court and the Calcutta High Court rejected the …

STATE OF UTTAR PRADESH & ANR.versusM/S. BIRLA CORPORATION LIMITED

2019 INSC 1268Dismissed

The State of Uttar Pradesh rescinded a 1998 notification that granted a tax rebate to cement manufacturers using fly ash, by issuing a 2004 notification. Birla Corporation Ltd. and Jai Prakash Associates Ltd., which had set up units and begun production before the 2004 rescission, claimed that the …

STATE OF MADHYA PRADESHversusKILLU @ KAILASH AND ORS.

2019 INSC 1264Appeal(s) allowed

Five accused entered the house of Balaprasad Pathak at midnight, each armed; two used axes to inflict fatal injuries while the other three were armed with lathis and a ballam but did not strike the victim. The trial court convicted all five under Section 302 read with Section 149 of the IPC. The …

BAIDYANATH YADAVversusADITYA NARAYAN ROY & ORS.

2019 INSC 1261Appeal(s) allowed

The case concerned the selection of two vacancies in the Indian Administrative Service (IAS) for non‑State Civil Service officers in 2014. Baidyanath Yadav (appellant) was recommended by the Department of Agriculture and subsequently selected by the UPSC, while Aditya Narayan Roy (respondent No.1) …

K. MEGHACHANDRA SINGH & ORS.versusNINGAM SIRO & ORS.

2019 INSC 1260Disposed off

The case concerned an inter‑se seniority dispute in the Manipur Police Service (MPS) Grade‑II cadre between promotees (appointed by promotion on 01‑03‑2007) and direct recruits (appointed on 14‑08‑2007 and 24‑11‑2007). The promotees argued that seniority should be based on the date of appointment as …

G H ASHOK KUMAR KALRAversusWING CDR. SURENDRA AGNIHOTRI & ORS.

2019 INSC 1266Reference answered

The plaintiff filed a suit for specific performance and the defendant filed a written statement followed by a counter‑claim. The trial court allowed the counter‑claim, but the High Court quashed it, prompting a reference to the Supreme Court on the interpretation of Order VIII Rule 6A of the CPC. …

MR. ANAND RAO KORADA RESOLUTION PROFESSIONALversusM/S. VARSHA FABRICS (P) LTD. & ORS.

2019 INSC 1259Appeal(s) allowed

The case arose when the Odisha High Court ordered the auction of a large parcel of land belonging to Hirakud Industrial Works Ltd. (the corporate debtor) while a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) was pending before the National Company Law Tribunal (NCLT), …

M/S T.C. HEALTHCARE P. LTD. & ANR.versusUNION OF INDIA & ANR.

2019 INSC 1254Dismissed

The appellants, TC Healthcare Ltd. and Modi Mundipharma Pvt. Ltd., challenged ceiling‑price notifications issued under the Drugs (Price Control) Order, 1995 for formulations containing frusemide, potassium and theophylline that employed sustained‑release or continuous‑release technology. They …

UNION PUBLIC SERVICE COMMISSIONversusJAWAHAR SANTHKUMAR AND OTHERS

2019 INSC 1253Appeal(s) allowed

The Supreme Court examined the promotion of Jawahar Santkhumar to the Indian Administrative Service (IAS) for the 2004 selection year. A Selection Committee, under the IAS (Appointment by Promotion) Regulations, classified him as "Good" and did not include him in the Select List because only three …

RATHNAMMA & ORS.versusSUJATHAMMA & ORS.

2019 INSC 1255Appeal(s) allowed

The plaintiff, Sujathamma, a maternal granddaughter of the deceased's father, claimed to have married her maternal uncle Hanumanthappa on 7 March 1986 and sought a share of his estate as his wife. The alleged marriage was supported only by a registration document (Ex.P/1) with no evidence of any …

MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM)versusABHILASH LAL & ORS.

2019 INSC 1257Appeal(s) allowed

The Municipal Corporation of Greater Mumbai (MCGM) owned several plots that were leased to SevenHills Healthcare for a 1500‑bed hospital, but the project was not completed and lease rent was in default. MCGM issued a show‑cause notice and, before the notice period expired, the corporate debtor was …

SANTOSH CHATURVEDIversusKAILASH CHANDRA & ANR.

2019 INSC 1252Appeal(s) allowed

The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of a shop premises occupied by the respondents. The prescribed authority dismissed the petition on the ground that the appellant …

VINAY PRAKASH SINGHversusSAMEER GEHLAUT & ORS.

2019 INSC 1251Directions issued

The petitioner sought enforcement of a Singapore arbitral award of about Rs.3,500 crore against respondents who owned Fortis Healthcare. The Supreme Court had earlier ordered a status‑quo on 11 August 2017, clarified on 31 August 2017 and modified on 15 February 2018, prohibiting any change in the …

MANJU PURIversusRAJIV SINGH HANSPAL & ORS.

2019 INSC 1244Appeal(s) allowed

The deceased Surjan Singh Randhawa executed an unregistered Will in 1961 bequeathing property to his eldest daughter, Gian Hanspal. Twenty years later, a probate petition was filed and the Calcutta High Court granted probate on 4 June 1982 without issuing citations to all legal heirs, notably the …

TAJ MAHAL HOTELversusUNITED INDIA INSURANCE COMPANY LTD. & ORS.

2019 INSC 1245Dismissed

The case arose when a guest's car, parked under the valet service of Taj Mahal Hotel, was stolen after three young men entered the premises and took the keys from the valet. The guest's insurer, United India Insurance, settled the claim and, together with the car owner, filed a consumer complaint …

LILAVATI KIRTILAL MEHTA MEDICAL TRUSTversusM/S UNIQUE SHANTI DEVELOPERS & ORS.

2019 INSC 1243Appeal(s) allowed

Lilavati Kirtial Mehta Medical Trust (the appellant) purchased 29 flats from M/s Unique Shanti Developers in 1995 to provide hostel accommodation for nurses employed at its hospital. The flats became dilapidated, were vacated in 2002, and the Trust filed a consumer complaint seeking compensation, …

COMMISSIONER OF CENTRAL EXCISE, HALDIAversusM/S. KRISHNA WAX (P) LTD.

2019 INSC 1246Appeal(s) allowed

The Central Excise Department conducted a search at the premises of M/s Krishna Wax (P) Ltd., alleging unauthorised manufacture of foots oil and wax without payment of excise duty. The respondent, not registered under the Act, challenged the Department's jurisdiction and the issuance of a show‑cause …

STATE OF TAMIL NADUversusSTATE OF KARNATAKA AND ANOTHER

2019 INSC 1250Dismissed

The State of Tamil Nadu filed a suit under Article 131 of the Constitution against the State of Karnataka and the Union of India, alleging that Karnataka's construction of a 500 Mcft check‑dam and related pumping schemes on the Markandeyanadhi tributary of the Pennaiyar River violated the 1892 and …

RAM KRISHAN GROVER AND OTHERSversusUNION OF INDIA AND OTHERS

2019 INSC 1239Dismissed

The petitioners, tenants in Chandigarh and Punjab, challenged Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949, which gives Non‑Resident Indian (NRI) landlords a preferential right to evict tenants, and the extension of this provision to the Union Territory of Chandigarh by a 2009 …

M/S. SSPPL AND M/S. AIL WASversusSALMA DAM JOINT VENTURE & ANR.

2019 INSC 1249Appeal(s) allowed

WAPCOS Ltd entered into a contract with Salma Dam Joint Venture (SDJV), a 95%-5% joint venture of SSPPL and AIL, for the reconstruction of the Salma Dam. After the original contract’s arbitration clause, the parties executed an Amendment of Agreement (AoA) on 9 June 2015, which expressly stated that …

UNION OF INDIAversusPRADEEP VINOD CONSTRUCTION COMPANY

2019 INSC 1241Appeal(s) allowed

The Union of India (Railways) awarded civil engineering contracts to Pradeep Vinod Construction Company, which later claimed additional payments despite having signed final bills and supplementary agreements indicating full settlement. The contractor invoked the arbitration clause in Clause 64 of …

YASHWANT SINHA & ORS.versusCENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR.

2019 INSC 1242Disposed off

The Supreme Court entertained a review application filed by the Union of India seeking correction of two sentences in paragraph 25 of its 14‑December‑2018 judgment on the Rafale fighter‑jet procurement, and also considered the petitioners' claim that the Court had failed to order registration of an …

STATE OF MAHARASHTRA & ORS.versusBALU S/O WAMAN PATOLE

2019 INSC 1235Disposed off

The Commissioner of Police, Aurangabad, detained Balu under the Maharashtra Prevention of Dangerous Activities Act, 1981, and the order was approved by the State Government and confirmed by the Advisory Board. Balu challenged the detention before the High Court, which set aside the order on merits …

THE ORIENTAL INSURANCE CO. LTD. & ANR.versusDICITEX FURNISHING LTD.

2019 INSC 1234Dismissed

The Oriental Insurance Co. issued a fire insurance policy to Dicitex Furnishing Ltd., which suffered a total loss of stock in 2012. After a protracted assessment process, the insurer eventually offered a settlement of Rs 7.16 crore, far less than the claim of over Rs 14 crore, and conditioned …

ROJER MATHEWversusSOUTH INDIAN BANK LTD. & ORS.

2019 INSC 1236Disposed off

The Finance Act, 2017, through Part XIV, amended 25 enactments to merge tribunals and delegate rule-making power to the Central Government regarding qualifications, appointment, and service conditions of tribunal members. The Supreme Court considered whether Part XIV could be passed as a Money Bill …

CENTRAL PUBLIC INFORMATION OFFICER,versusSUBHASH CHANDRA AGARWAL

2019 INSC 1233Disposed off

The respondent, Subhash Chandra Agarwal, filed three RTI applications seeking information about (1) correspondence regarding the appointment of three Supreme Court judges who superseded seniority, (2) declaration of assets by judges pursuant to a 1997 resolution, and (3) correspondence about a Union …

M SIDDIQ (D) THR LRSversusV. MAHANT SURESH DAS & ORS

2019 INSC 1231Disposed off

The instant appeals arose from five suits between 1950 and 1989 over a 1500 sq yard land in Ayodhya, claimed by Hindus as the birthplace of Lord Ram (Ram Janmabhumi) and by Muslims as the site of the Babri Masjid. The Allahabad High Court had directed a three-way partition of the disputed site, …

G H SHIA CENTRAL BOARD OF WAQF U PversusSUNNI CENTRAL BOARD OF WAKF (SLP

2019 INSC 1232Dismissed

The Shia Central Board of Waqf Uttar Pradesh filed a Special Leave Petition (SLP) before the Supreme Court challenging a civil judgment dated 30 March 1946 passed by the Civil Judge, Faizabad. The petition was filed after an inordinate delay of 24,964 days, and the petitioner failed to provide a …

MISHRA AND S. RAVINDRA BHAT, JJ.]versusRAVE SCANS PVT. LTD. & ORS.

2019 INSC 1228Appeal(s) allowed

The corporate insolvency resolution process (CIRP) was initiated against Rave Scans Pvt. Ltd. under Section 10 of the IBC, and the resolution applicant offered Rs. 54 crore against a liquidation value of Rs. 36 crore. The approved resolution plan gave the dissenting financial creditor, Hero Fincorp …

UNION OF INDIA & ORS.versusGANDIBA BEHERA

2019 INSC 1226Appeal(s) allowed

The petitioners, Union of India and others, challenged several High Court judgments that had allowed Gramin Dak Sevaks (GDS) who were later regularised as Group D or other regular postal employees to count their GDS service towards the ten‑year qualifying service required for pension under the …

HARI NIWAS GUPTAversusSTATE OF BIHAR AND ANOTHER

2019 INSC 1227Dismissed

Three Bihar judicial officers were dismissed by a Full Court resolution that invoked clause (b) of the second proviso to Article 311(2) of the Constitution, dispensing with a departmental inquiry. The High Court had failed to record written reasons for dispensing with the inquiry, leading the …

AWADHESH KUMARversusSTATE OF U.P. & ANR.

2019 INSC 1229Appeal(s) allowed

The complainant's mother complained to the accused Ravinder about his nephew's misconduct, leading to a quarrel in which Ravinder, armed with a country‑made pistol, fired at her from close range, causing her death. The trial court convicted Ravinder under Section 302 IPC for murder, while the High …

INDIAN OIL CORPORATION LTD. & ORS.versusM/S. R.M. SERVICE CENTRE & ANR.

2019 INSC 1222Appeal(s) allowed

The dealer, M/s R.M. Service Centre, held a retail licence for petrol, diesel, oil and grease. A joint inspection revealed a positive stock variation of High Speed Diesel beyond permissible limits and lack of reference density. Samples drawn were sent for testing; the first was dispatched five days …

M/S VIJAY TRADING AND TRANSPORT COMPANYversusCENTRAL WAREHOUSING CORPORATION

2019 INSC 1215Dismissed

The appellant, Vijay Trading and Transport Co., entered into a two‑year handling and transportation contract with Central Warehousing Corporation. The contract was terminated by the corporation for the appellant’s failure to deliver an export‑loaded container to the port at Navi Mumbai, leading to …

HARDEV SINGHversusHARPREET KAUR & ORS.

2019 INSC 1219Appeal(s) allowed

Hardev Singh married Harpreet Kaur on 17 April 2010 without parental consent. The appellant was 17 years old at the time, while the wife was an adult. The Punjab & Haryana High Court initially granted police protection but later recalled its order and directed registration of an FIR under Section 9 …

KALU ALIAS LAXMINARAYANversusSTATE OF MADHYA PRADESH

2019 INSC 1218Dismissed

The appellant, Kalu alias Laxminarayan, was convicted under Section 302 IPC for the death of his wife, who was found strangulated inside their home. The trial and High Courts held the death homicidal, though the High Court initially described it as hanging. The Supreme Court examined the forensic …

STATE OF UTTARAKHANDversusDARSHAN SINGH

2019 INSC 1221Dismissed

The State of Uttarakhand appealed the High Court's acquittal of five accused persons charged with murder and offences under sections 147, 148, 149 and 302 IPC. The prosecution alleged that the accused, armed with pistols and sharp‑edged weapons, ambushed the deceased while he was on a tractor, shot …

UNION OF INDIA & ORS.versusV. R. NANUKUTTAN NAIR

2019 INSC 1220Dismissed

The case concerned V.R. Nanukuttan Nair, a former Navy sailor who was discharged after 10 years and 169 days of service, having been placed in a low medical category. He was granted a 50% disability pension but was denied the service element of that pension because he had not completed the 15 years …

JAVED ABDUL RAJJAQ SHAIKHversusSTATE OF MAHARASHTRA

2019 INSC 1210Dismissed

The appellant, Javed Abdul Rajjaq Shaikh, was accused of murdering his wife by throttling her after demanding half tola gold, money and a dress. The trial court convicted him and three co‑accused under Section 302 read with Section 34 of the IPC and also under Section 498A. The High Court acquitted …

JAIPRAKASH ASSOCIATES LTD. & ANR.versusIDBI BANK LTD. & ANR.

[2019] 14 S.C.R. 312Disposed off

The Supreme Court heard appeals arising from the corporate insolvency resolution process (CIRP) of Jaypee Infratech Ltd., a subsidiary of Jaiprakash Associates Ltd., after IDBI Bank filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) and home buyers sought clarification on …

RAVINDRA SINGHversusDISTRICT INSPECTOR OF SCHOOLS AND ORS.

2019 INSC 1207Dismissed

The appellant, a teacher, was appointed by the Management of a government‑aided private college to fill a substantive vacancy without complying with the procedure laid down in paragraph 5 of the First Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties) Order, 1981. He …

SATINDER SINGH BHASINversusGOVERNMENT OF NCT OF DELHI & ORS.

2019 INSC 1214Directions issued

Satinder Singh Bhasin, director of a company involved in the ‘Grand Venice’ mall and commercial tower project in the National Capital Region, faced multiple FIRs in Uttar Pradesh and Delhi alleging non‑delivery of possession, siphoning of funds and irregular land allotment. He filed a writ petition …

M/S ORIENTAL KURIES LTD. REPRESENTED BY ITS CHAIRMAN P. D. JOSEversusLISSA & ORS.

2019 INSC 1211Amount Awarded

The appeal concerned a chit fund operated by Oriental Kuries Ltd., where the respondents defaulted on twelve instalments. The lower courts had allowed recovery of the past instalments but barred recovery of future instalments, holding that a chitty agreement creates only a promise to pay, not a …

TATA HOUSING DEVELOPMENT COMPANY LTDversusAALOK JAGGA AND OTHERS

2019 INSC 1203Dismissed

The Supreme Court examined Tata Housing Development Co.'s attempt to construct a high‑rise housing project (CAMELOT) on 52.66 acres in Mohali, Punjab, which lay within 123 metres of the Sukhna Wildlife Sanctuary and inside the catchment area of Sukhna Lake. The appellants argued that the …

UNION OF INDIA & ORS.versusLT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS & ORS.

2019 INSC 1205Appeal(s) allowed

The Union of India appealed against an Armed Forces Tribunal order that had granted One Rank One Pension (OROP) to Lt. Col. Om Dutt Sharma (deceased) and other personnel who served in the Army Postal Service (APS) on deputation from the Department of Posts. The respondents argued that, as temporary …

ROHTAS & ANR.versusTHE STATE OF HARYANA

2019 INSC 1204Dismissed

The appellants Rohtas and Surender Singh were convicted under Sections 302 and 34 of the IPC for stabbing the deceased Mohar Pal, based on the testimony of two eye‑witnesses (PW‑1 and PW‑2). They challenged the conviction in a special leave petition, alleging deficiencies in the investigation, delay …

MRINALINI PADHversusUNION OF INDIA & OTHERS

2019 INSC 1202Directions issued

The petition under Article 32 sought a court‑ordered investigation into the disappearance of the keys to the Ratna Bhandar of Shri Jagannath Temple, Puri, and directions for the preservation, management and inventory of the temple’s valuables, as well as provision of express darshan for devotees. …

RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER & ANR.versusSHIKUN RAM FIRODA & ANR.

2019 INSC 1197Appeal(s) allowed

The Rajasthan Public Service Commission (RPSC) issued an advertisement on 18 June 2013 for recruitment to State and Subordinate Services. A press note dated 12 November 2014 allowed candidates to correct mistakes or change categories in already‑submitted online applications, but did not invite fresh …

MISS XYZversusSTATE OF GUJARAT & ANR

2019 INSC 1199Appeal(s) allowed

Miss XYZ, a personal assistant to the managing director of a company, filed a complaint alleging that the director repeatedly blackmailed her with nude photographs, threatened her employment, and raped her on several occasions. An FIR was lodged under Sections 376, 499 and 506(2) of the IPC. The …

SUPERINTENDING ENGINEER/ DEHAR POWER HOUSE CIRCLE BHAKRA BEAS MANAGEMENT BOARD (PW) SLAPPER & ANOTHERversusEXCISE AND TAXATION OFFICER, SUNDER NAGAR/ ASSESSING AUTHORITY

2019 INSC 1200

The petitioners, the Himachal Pradesh Bhakra Beas Management Board and others, challenged a High Court order that refused to condone a revision filed under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005 after the 90‑day period prescribed for such revisions. The issue was whether …

GOVT. OF NCT DELHI & ORS.versusPRADEEP KUMAR & ORS.

2019 INSC 1189Appeal(s) allowed

The Delhi government advertised vacancies for Special Education Teachers requiring CTET qualification. Several OBC candidates from other states obtained CTET marks by availing a 5% relaxation in the pass criteria and applied for the OBC reserved posts, but were rejected because they did not possess …

MISHRA AND S. ABDUL NAZEER, JJ.]versusSARAH C. URS & ORS.

2019 INSC 1186Disposed off

The suit concerned a house inherited by the late K. Basavaraja Urs and his son K.B. Ramchandra Raj Urs (defendant No.1). Plaintiffs Sarah C. Urs and P. Chandrakantaraj Urs entered into an agreement to purchase the property on 24 April 1979, with the late father acting through his son as power of …

IMRAT SINGH & ORS.versusSTATE OF MADHYA PRADESH

2019 INSC 1190Appeal(s) allowed

The appellants Imrat Singh and others were convicted by the trial court and the High Court for offences under Sections 148, 149 and 302 of the Indian Penal Code based primarily on the testimony of two eye‑witnesses, PW‑10 and PW‑11. On appeal, the Supreme Court examined the statements of these …

SHREE RAM URBAN INFRASTRUCTURE LTD. & ANR.versusSTATE OF MAHARASHTRA & ORS.

2019 INSC 1188Disposed off

Shree Ram Urban Infrastructure Ltd (SRUIL) obtained development permission and a commencement certificate for a residential tower and a public parking lot (PPL) under the Maharashtra Regional and Town Planning Act, 1966 and the 1991 Development Control Regulations (DCR). SRUIL constructed the PPL up …

PETROLEUM CORPORATION LIMITEDversusGO AIRLINES (INDIA) LIMITED

2019 INSC 1183Dismissed

Bharat Petroleum Corporation Ltd (BPCL) supplied aviation fuel to Go Airlines under two supply agreements (2007‑2009 and 2009‑2011). BPCL claimed interest on delayed payments and invoked the arbitration clause, while Go Airlines raised two counter‑claims, one seeking CENVAT credit invoices. The …

SHAH AND S. RAVINDRA BHAT, JJ.]versusMANOHAR LAL & ORS. ETC.

2019 INSC 1184

The Supreme Court considered an application for recusal of Justice Arun Mishra, who had earlier expressed an opinion on Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in a three‑Judge Bench. The matter was referred to a …

BIJAY KUMAR SINGH & OTHERSversusAMIT KUMAR CHAMARIYA & ANR.

2019 INSC 1181Dismissed

The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court …

THE STATE OF MANIPUR & ORS.versusKOTING LAMKANG

2019 INSC 1182Appeal(s) allowed

The State of Manipur and other authorities filed a regular first appeal (RFA) against a decree ordering them to vacate strategic land, but the appeal was initially filed before the wrong forum (District Judge) and delayed by about eleven months. The High Court rejected the State's application to …

STATE OF MADHYA PRADESHversusUDHAM AND OTHERS

2019 INSC 1175Case Partly allowed

The State of Madhya Pradesh appealed against the High Court's order that reduced the sentences of four accused who had been convicted of assault with axes and sticks (IPC s.326 r/w s.34) and house‑trespass after preparation (IPC s.452). The High Court had limited its reasoning to the fact that it …

SHRI P. CHIDAMBARAMversusCENTRAL BUREAU OF INVESTIGATION

2019 INSC 1176Disposed off

The Central Bureau of Investigation filed a case against former Finance Minister P. Chidambaram under Sections 120B, 420 IPC and Sections 8, 13(2), 13(1)(d) of the Prevention of Corruption Act for alleged irregularities in the FIPB clearance of INX Media. After his arrest, the Delhi High Court …

BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS.versusAMIT KUMAR & ORS.

2019 INSC 1177Disposed off

The Bihar Industrial Area Development Authority (BIADA) allotted industrial land at subsidised rates and later, after a leaseholder transferred the land, sought to recover the unearned increase in value. The Supreme Court examined whether the authority could charge the increase based on the market …

RAMESH PARSRAM MALANI & ORSversusTHE STATE OF TELANGANA & ORS.

2019 INSC 1178Dismissed

The appellant, whose father was a displaced person from Sindh, claimed the balance of his verified land claim (43.7 standard acres) after having received an initial allotment of 40.4 acres. The Chief Commissioner of Land Administration (CCLA) allotted 19.26 acres in 2003, but the High Court held the …

M. SRIKANTHversusSTATE OF TELANGANA AND ANR.

2019 INSC 1172Disposed off

The complainant alleged that a property inherited from her father was fraudulently transferred to her brother through a forged will and deed, and that the brother subsequently executed a lease to accused No.4, who sub‑leased it to HPCL. The complaint also implicated several other parties, but the …

STATE OF WEST BENGALversusINDRAJIT KUNDU & ORS.

2019 INSC 1164Dismissed

The victim, a young painter, was taught English by the first respondent and developed a romantic relationship with him. On 5 March 2004 she visited his house to finalize a marriage proposal, where the parents of the first respondent (respondents 2 and 3) shouted at her, calling her a "call‑girl". …

S. P. MISRA & ORS.versusMOHD. LAIQUDDIN KHAN & ANR.

2019 INSC 1163Dismissed

The appellants, legal heirs of the late partner Jai Narayan Misra, sought execution of a 1993 decree against the respondents, heirs of the late partner Hashmatunnisa Begum, arising from a partnership for real‑estate development in Paigah Compound. The decree restrained the respondents from …

PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAIversusM/S I-VEN INTERACTIVE LIMITED, MUMBAI

2019 INSC 1166Appeal(s) allowed

The assessee filed its return for AY 2006-07 under the E‑Module scheme and the Assessing Officer issued a notice under section 143(2) of the Income Tax Act on 5 Oct 2007 to the address recorded in the PAN database. The assessee claimed that it had changed its registered address and that the notice …

HOOGHLY MILLS COMPANY LTD.versusTHE STATE OF WEST BENGAL AND ANR.

2019 INSC 1159Appeal(s) allowed

Hooghly Mills Company Ltd., a corporate entity, sought possession of a residential flat that had been occupied by its former director, Bal Binode Bajoria, after his retirement. The company filed a criminal complaint under Section 630(1) of the Companies Act, 1956 and an application under Section …

UTTAM RAMversusDEVINDER SINGH HUDAN & ANR.

2019 INSC 1160Appeal(s) allowed

The appellant, an apple orchard owner, supplied packing material on credit to the respondent, who later settled the account and issued a cheque for Rs.5,38,856 which was returned for insufficient funds. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, which …

M. HARIHARASUDHANversusR. KARMEGAM AND ORS.

2019 INSC 1162Appeal(s) allowed

Mr. M. Hariharasudhan, who runs a hotel, sued the respondents for damages after they damaged his property and stole cash. The trial court decreed damages, but the Madurai Bench of the Madras High Court set aside the decree, holding that the Tamil Nadu Property (Prevention of Damage and Loss) Act, …