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Judgments of 2023

854 judgments · newest first · showing 1–200

SUSHMA SHIVKUMAR DAGA & ANR.versusMADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

2023 INSC 1081Dismissed

The appellants, heirs of the late Shivkumar Daga, filed a civil suit seeking declaration that a conveyance deed of 17‑12‑2019 and several development agreements were void. The respondents moved a Section 8 application under the Arbitration and Conciliation Act, 1996, relying on arbitration clauses …

SAYUNKTA SANGARSH SAMITI & ANRversusTHE STATE OF MAHARASHTRA & ORS.

2023 INSC 1080Dismissed

The case concerned a slum rehabilitation project in Lower Parel, Mumbai, where a developer and a minority group of hutment dwellers (Sayunkta Sangharsh Samiti) entered into a private Memorandum of Understanding (MoU) to allocate flats in towers D, E and F exclusively to the society members, …

RAM KISHOR ARORAversusDIRECTORATE OF ENFORCEMENT

2023 INSC 1082Dismissed

Ram Kishor Arora, founder of Supertech Ltd, was arrested by the Directorate of Enforcement on 27 June 2023 under the Prevention of Money Laundering Act, 2002 (PMLA). He challenged the arrest, alleging that the Enforcement Directorate (ED) failed to furnish him a copy of the grounds of arrest at the …

DELHI INTERNATIONAL AIRPORT LTD.versusAIRPORTS ECONOMIC REGULATORY AUTHORITY & ORS.

2023 INSC 1046Disposed off

Delhi International Airport Ltd (DIAL) and Mumbai International Airport Ltd (MIAL) sought relief on the basis of a letter dated 24 May 2011 between the Ministry of Civil Aviation and the Airport Economic Regulatory Authority, alleging it affected the computation of the Hypothetical Regulatory Asset …

SAUMYA CHAURASIAversusDIRECTORATE OF ENFORCEMENT

2023 INSC 1073Dismissed

The appellant, Saumya Chaurasia, a Deputy Secretary in the Chhattisgarh Chief Minister’s Office, was arrested in connection with an extortion‑linked money‑laundering case investigated by the Enforcement Directorate. She sought bail under Section 439 of the Cr.P.C., but the High Court rejected her …

MOHAMMED ABDUL WAHIDversusNILOFER & ANR

2023 INSC 1075Appeal(s) allowed

The Supreme Court heard an appeal by Mohammed Abdul Wahid against Nilofer & Anr concerning whether a party to a civil suit can also be treated as a witness and whether CPC provisions bar the production of documents for cross‑examination of a party. The High Court had held that a party could not be …

U.P. SINGHversusPUNJAB NATIONAL BANK

2023 INSC 1077Dismissed

U.P. Singh, a clerk‑cum‑cashier of Punjab National Bank, was suspended for disorderly conduct and ordered to report to a new branch. He failed to join, received notices under Clause XVI of the 1984 Bipartite Agreement, and was deemed to have voluntarily retired on 5 December 1984. Six years later he …

UNION OF INDIA & ORSversusAIR COMMODORE NK SHARMA (17038) ADM/LGL

2023 INSC 1074Appeal(s) allowed

Air Commodore N.K. Sharma, a Judge Advocate General (Air) in the Indian Air Force, claimed that the Ministry of Defence failed to form a policy for filling the upgraded AVM JAG (Air) post and that his promotion was unjustly denied. He filed a complaint under Section 27 of the Air Force Act, which …

STATE OF HARYANA AND OTHERSversusDINESH SINGH AND ANOTHER

2023 INSC 1070Appeal(s) allowed

The dispute concerned the eligibility of Dinesh Singh for inclusion in Register A‑1 of the Haryana Civil Service (Executive Branch) under Rule 9 of the 2008 Rules. The State argued that the cut‑off date of 1 November 2018 applied uniformly to all eligibility criteria, including the condition that a …

MANIK HIRU JHANGIANIversusSTATE OF M.P

2023 INSC 1078Appeal(s) allowed

The appellant, a director of Bharti Retail, was charged with misbranding food products on 29 November 2010 under the Prevention of Food Adulteration Act, 1954 (PFA). Although the PFA was still in force, the Food Safety and Standards Act, 2006 (FSSA) – including its penalty provision (Section 52) and …

SHAKTI YEZDANI & ANR.versusJAYANAND JAYANT SALGAONKAR & ORS.

2023 INSC 1076Dismissed

The testator, Jayant Shivram Salgaonkar, died leaving fixed deposits and mutual fund securities for which he had nominated certain family members under Section 109A of the Companies Act, 1956 and Bye‑law 9.11.1 of the Depositories Act, 1996. The nominees claimed that the nomination gave them …

AFJAL ANSARIversusSTATE OF UP

2023 INSC 1071Case Partly allowed

Afzal Ansari, a sitting Member of Parliament, was convicted under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act and sentenced to four years' imprisonment, resulting in his disqualification from the Lok Sabha under Section 8 of the Representation of the …

P.C. MODIversusTHE JAWAHARLAL NEHRU VISHWA VIDYALAYA AND ANOTHER

2023 INSC 1067

The appellant, a Physical Training Instructor (PTI)/Sports Officer at Jawaharlal Nehru Krishi Vishwavidyalaya, was retired at age 60 under university regulations, but contended that he should be classified as a "teacher" and thus retire at 62 like other teachers. The university argued that PTIs are …

RAJPALversusSTATE OF RAJASTHAN

2023 INSC 1089Dismissed as withdrawn

The petitioner, Rajpal, challenged the denial of his bail application, arguing that his co‑accused had been granted bail by a coordinate bench of the Rajasthan High Court for the same FIR. The Supreme Court noted that despite its earlier directives, High Courts continue to list bail applications …

IN RE: ARTICLE 370 OF THE CONSTITUTIONversus.

2023 INSC 1058Disposed off

The President of India issued Constitutional Orders 272 and 273, which applied the entire Constitution of India to the State of Jammu and Kashmir and abrogated Article 370. Simultaneously, Parliament enacted the Jammu and Kashmir Reorganisation Act 2019, bifurcating the State into two Union …

PUNJAB & SIND BANKversusTHE STATE OF PUNJAB & ANR.

2023 INSC 1079Dismissed

Punjab & Sind Bank appealed against a High Court order that upheld the State of Punjab's claim of priority over tax dues under the Punjab Value Added Tax Act, 2005, which it alleged superseded the bank's charge on the borrower’s immovable property. The State asserted a first charge under Section 35 …

DEREK A C LOBO & ORS.versusULRIC M A LOBO (DEAD) BY LRS. & ORS.

2023 INSC 1093Appeal(s) allowed

The appellants sought probate of a Will dated 10‑Nov‑1992 executed by their mother, Cecelia Gertrude Lobo, which was contested by one brother (defendant No.5) on grounds of alleged suspicious circumstances. The trial court found that the Will was duly executed, satisfying Section 63 of the Indian …

COX AND KINGS LTD.versusSAP INDIA PVT. LTD. & ANR.

2023 INSC 1051

The Supreme Court examined whether the "group of companies" doctrine, which allows an arbitration agreement signed by one member of a corporate group to bind non‑signatory affiliates, is valid under Indian law and how it should be applied. The Court considered the interpretation of the phrase …

ASHOK KUMAR MEWARIversusUNION OF INDIA & OTHERS

2023 INSC 1092Appeal(s) allowed

Ashok Kumar Mewari, a Pointsman in the West Central Railway, applied for voluntary retirement on medical grounds on 18 June 2013, conditioning his retirement on the compassionate appointment of his son, Mukesh Mewari, as per Railway Board Circular dated 14 June 2006. The Railway authorities accepted …

SANJAY PANDURANG KALATEversusVISTRA ITCL (INDIA) LIMITED AND OTHERS

2023 INSC 1063Disposed off

The appellant, a former director of Evirant Developers Private Ltd, challenged an interlocutory order of the NCLT dismissing his application alleging unauthorized filing of a reply in a Section 7 proceeding. The NCLT heard the matter on 17 May 2023 but did not pronounce a substantive order until it …

RAM LALversusSTATE OF RAJASTHAN & ORS.

2023 INSC 1047Appeal(s) allowed

Ram Lal, a constable of the Rajasthan Armed Constabulary, was dismissed in 2004 after a departmental enquiry found him guilty of altering his date of birth on his 8th standard marksheet to appear of majority age at recruitment. He was later convicted under IPC Section 420 by a trial court, but the …

SHASHIKANT SHARMA & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2023 INSC 1036Appeal(s) allowed

The appellants were charged under several IPC sections and Section 3(2)(v) of the SC/ST Act for allegedly firing a gun at Rinku Thakur, a member of a Scheduled Caste, and subsequently abusing a witness belonging to the same community. The medicolegal report, however, found no gunshot wound, and the …

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETYversusAMEENA BEGUM & ANOTHER

2023 INSC 1065Appeal(s) allowed

The Koushik Mutually Aided Cooperative Housing Society sued for specific performance of a sale agreement, and the respondents were set ex‑parte, resulting in an ex‑parte decree on 15‑02‑1999. The respondents later filed an application under Order IX Rule 13 of the CPC to set aside the decree and …

ADDITIONAL TAHSILDAR & ANRversusURMILA G. & ORS.

2023 INSC 1044Appeal(s) allowed

The Additional Tahsildar filed a writ petition challenging an order of the Kerala Upa Lokayukta that directed the correction of revenue records and tax collection concerning a property owned by the respondents. The respondents had earlier lodged a complaint with the Lokayukta seeking such …

DR. PREMACHANDRAN KEEZHOTH & ANRversusTHE CHANCELLOR KANNUR UNIVERSITY & ORS.

2023 INSC 1032Appeal(s) allowed

The Chancellor of Kannur University re‑appointed Dr. Gopinath Ravindran as Vice‑Chancellor for a second four‑year term after the expiry of his first term, despite a pending selection process and a statutory age limit of sixty years. The petitioners challenged the re‑appointment on grounds that (i) …

M/S BHARAT PETROLEUM CORPORATION LTD. AND ANOTHERversusATM CONSTRUCTIONS PVT. LTD.

2023 INSC 1042Dismissed

The dispute involved a property originally leased to Burma Shell Oil Storage and Distribution Company, whose lease expired on 31‑12‑1997. The respondent, the absolute owner, filed a suit in 2006 seeking possession of the property, which was decreed in 2010, but did not claim damages for the period …

ELDECO HOUSING AND INDUSTRIES LIMITEDversusASHOK VIDYARTHI AND OTHERS

2023 INSC 1043Appeal(s) allowed

The appellant, ELDECO Housing, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated 31‑08‑1998 concerning the sale of a property, after learning that the vendor was attempting to sell to third parties. The respondent filed an application under Order VII Rule 11(d) CPC …

DR. P.N. SHUKLA AND OTHERSversusUNION OF INDIA AND OTHERS

2023 INSC 1048Appeal(s) allowed

The appellants, who were appointed as Assistant Scientific Officers in the Commission for Scientific and Technical Terminology (CSTT), sought the same pay scale and allowances that had been granted to a fellow officer (respondent No.4) who was posted as Assistant Scientific Officer (Medicine). …

PAVANA DIBBURversusTHE DIRECTORATE OF ENFORCEMENT

2023 INSC 1029Appeal(s) allowed

The Directorate of Enforcement filed a complaint under the PMLA alleging that Pavana Dibbur conspired with accused Madhukar Angur to launder proceeds of a fraud at Alliance University by using nominal sale deeds and her bank accounts. The appellant challenged the complaint, arguing that the only …

UNION OF INDIA & ORS.versusK. SURI BABU

2023 INSC 1033Dismissed

K. Suri Babu, a helper (workman) employed by Nuclear Fuel Complex, Hyderabad, was alleged to have submitted a forged Class VI certificate and disciplinary action was initiated under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCA Rules). The respondent contended …

VIJAYversusUNION OF INDIA & ORS.

2023 INSC 1030Appeal(s) allowed

Vijay entered into an agreement to sell immovable property with the Union of India on 4 February 1988 and later sued for specific performance. The defendant denied the agreement's existence, prompting Vijay to seek admission of a photocopy of the agreement as secondary evidence, arguing that the …

AMANDEEP SINGH SARANversusSTATE OF CHHATTISGARH

2023 INSC 1028Disposed off

The appellant, Amandeep Singh Saran, was charged with offences including IPC Section 409, which carries a maximum sentence of life imprisonment or up to ten years, and was being tried before the Chief Judicial Magistrate (CJM) of Raipur, a court that can impose at most seven years imprisonment. …

GOVERNMENT OF NCT OF DELHIversusUNION OF INDIA & ORS.

2023 INSC 1049Disposed off

The Government of the National Capital Territory of Delhi (GNCTD) filed a writ petition fearing that the Union Government would unilaterally appoint the Chief Secretary of the Territory and extend his tenure without the GNCTD’s consent. The petition sought a restraining order and the appointment of …

HARI BABU THOTAversus*

2023 INSC 1056Appeal(s) allowed

Shree Aashraya Infra‑Con Ltd was placed under corporate insolvency resolution process (CIRP) and the appointed resolution professional, Hari Babu Thota, submitted a resolution plan drafted by the promoters and approved by the Committee of Creditors. The National Company Law Tribunal (NCLT) dismissed …

VISHNU KUMAR SHUKLA & ANRversusTHE STATE OF UTTAR PRADESH & ANR

2023 INSC 1026Appeal(s) allowed

The appellants, Vishnu Kumar Shukla and his wife, were charged under IPC sections 448, 454 and 380 for allegedly breaking into a shop and stealing goods. They contended that the complaint was frivolous, based on a forged tenancy agreement, and that the FIR was an abuse of process. The trial …

JAIVEER SINGH AND OTHERSversusTHE STATE OF UTTARAKHAND AND OTHERS

2023 INSC 1024Appeal(s) allowed

The case concerned whether an 18‑month Diploma in Elementary Education (D.El.Ed.) delivered by the National Institute of Open Schooling (NIOS) through open and distance learning (ODL) could be treated as equivalent to the 2‑year D.El.Ed. required by the National Council for Teacher Education (NCTE) …

ABHISHEK SAXENAversusTHE STATE OF UTTAR PRADESH & ANR

2023 INSC 1088Appeal(s) allowed

The appellant, Abhishek Saxena, was charged under IPC sections 323, 384 and 406 for alleged assault, extortion and criminal breach of trust arising from a FIR filed on 4 September 2016. He had earlier filed a petition for dissolution of marriage and a guardianship application under the Guardians & …

NEW INDIA ASSURANCE CO. LTD. & ORSversusM/S. MUDIT ROADWAYS

2023 INSC 1022Dismissed

The insured, M/s. Mudit Roadways, held fire and customs duty insurance policies with New India Assurance Co. Ltd. for a bonded warehouse in Raigad, Maharashtra. A fire broke out on 14 March 2018; the insurer repudiated the claim, alleging that the fire occurred in an uninsured area and resulted from …

MARIAPPANversusSTATE REP. BY INSPECTOR OF POLICE

2023 INSC 1034Appeal(s) allowed

The appellant, accused No.1, was convicted of murder (s.302 IPC) for stabbing the deceased during a heated verbal quarrel, while co‑accused No.2 and No.3 were acquitted. The issue before the Supreme Court was whether the appellant's act fell under Exception 4 to s.300 IPC, thereby constituting …

PAWAN KUMARversusSTATE OF UTTAR PRADESH & ORS.

2023 INSC 1012Appeal(s) allowed

Pawan Kumar was convicted of murder and attempt to murder (IPC ss.302, 307 read with s.34) and sentenced to life imprisonment and seven years rigorous imprisonment. He contended that he was a juvenile at the time of the offence (01‑12‑1995) and sought the benefit of the Juvenile Justice Act. The …

P. KISHORE KUMARversusVITTAL K. PATKAR

2023 INSC 1009Appeal(s) allowed

The dispute concerned 15 acres of land in Sy. No. 3, where the plaintiff claimed title based on a sale deed from the vendor, while the defendant relied on occupancy rights granted to his predecessor under the Mysore (Personal & Miscellaneous) Inam Abolition Act, 1954. The vendor had applied for …

TARUN KUMARversusASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT

2023 INSC 1006Dismissed

The appellant, a Vice President of Purchases at Shakti Bhog Foods Ltd., was arrested under the fourth supplementary complaint filed under Sections 44 and 45 of the Prevention of Money Laundering Act, 2002 (PMLA) for alleged money‑laundering offences linked to a bank fraud investigated under the …

PRIYA INDORIAversusSTATE OF KARNATAKA AND ORS. ETC.

2023 INSC 1008Disposed off

The Supreme Court examined applications for anticipatory bail filed by the husband and his family in a matrimonial cruelty case where the FIR was lodged in Rajasthan but the bail applications were made in Karnataka. The Court considered whether a High Court or Court of Session can grant anticipatory …

VIVEK KAISTH & ANRversusTHE STATE OF HIMACHAL PRADESH & ORS

2023 INSC 1007Disposed off

The Himachal Pradesh Public Service Commission advertised eight vacancies for Civil Judge (Junior Division) in 2013, but later added two names, including Vivek Kaist[h] and Akansha Dogra, to the select list via a government notification. The High Court held that these appointments were illegal …

MOTURU NALINI KANTHversusGAINEDI KALIPRASAD (DEAD, THROUGH LRS.)

2023 INSC 1004Dismissed

The appellant, Moturu Nalini Kanth, filed a suit as a minor claiming absolute title to the properties of the deceased Venkubayamma based on a registered will dated 03.05.1982 and a registered adoption deed dated 20.04.1982. The trial court upheld the suit, but the Andhra Pradesh High Court reversed …

STATE OF PUNJABversusPRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB AND ANOTHER

2023 INSC 1017Disposed off

The State of Punjab challenged the Governor of Punjab for refusing to assent to four Bills passed by the Vidhan Sabha and for questioning the legality of sessions reconvened after an adjournment sine die. The petition also sought a declaration that the June and October 2023 sessions were valid and …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ANR.

2023 INSC 991Directions issued

The Supreme Court entertained a public‑interest writ petition under Article 32 seeking the expeditious disposal of criminal cases pending against sitting and former Members of Parliament and Legislative Assemblies. The petition also raised the constitutional validity of Section 8 of the …

M/S. RAJASTHAN ART EMPORIUMversusKUWAIT AIRWAYS & ANR.

2023 INSC 996Dismissed

M/s Rajasthan Art Emporium (appellant) exported a large consignment of handicraft goods to the United States and booked air carriage with Kuwait Airways (respondent No.1) through Dagga Air Agents (respondent No.2), receiving a guarantee that the shipment would arrive within seven days. The goods …

THANESAR SINGH SODHI (D) THR. LRS.versusUNION OF INDIA AND ORS.

2023 INSC 997Dismissed

The appellants challenged the forfeiture of their properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), arguing that the detention order against them under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 …

UNION OF INDIA & ORSversusD.G.O.F. EMPLOYEES ASSOCIATION AND ANR.

2023 INSC 995Dismissed

The D.G.O.F. Employees Association, representing assistants and personal assistants of the Ordnance Factory Board (OFB) headquarters, sought parity in pay with similarly placed employees of the Central Secretariat Service (CSS) and other central cadres, invoking para 3.1.9 of the Sixth Central Pay …

SAJEEVversusSTATE OF KERALA

2023 INSC 998Dismissed

The case concerned the conviction of two accused, Sajeev (A10) and Roy (A11), for their role in a conspiracy to mix methyl alcohol with spirit and sell it as illicit liquor, which caused seven deaths, eleven cases of blindness and injuries to over forty persons. The trial court and Kerala High Court …

M/S. IFCI LIMITEDversusSUTANU SINHA & ORS.

2023 INSC 1023Dismissed

The appellant IFCI Ltd. had subscribed to Compulsorily Convertible Debentures (CCDs) issued by ICTL, a special purpose vehicle of IVRCL, for financing a highway concession project. When ICTL defaulted, the CCDs were treated as equity under the project’s concession agreement and the Resolution …

LAJJA RAM & ORS.versusRATI CHAND & ORS. ETC

2023 INSC 1091Dismissed

The case concerned a parcel of shamlatdeh (village common) land in Punjab/Haryana that had been granted rent‑free to Narain Dass as a bhondedar in return for secular services to the village temple. Narain Dass later sold the land to Lajja Ram and his sons, who claimed ownership. The village …

DILIP B JIWRAJKAversusUNION OF INDIA & ORS

2023 INSC 1018Dismissed

The petitioners challenged the constitutional validity of sections 95 to 100 of the Insolvency and Bankruptcy Code, 2016, alleging violations of Articles 14 and 21 and the denial of a hearing before a resolution professional is appointed. They argued that the resolution professional’s powers to seek …

MADANversusSTATE OF UTTAR PRADESH

2023 INSC 990Disposed off

The case arose from a 2003 incident in Muzzafarnagar where six persons were killed by indiscriminate firing by the appellants Madan, Sudesh Pal and others, allegedly motivated by political rivalry. The trial court convicted the accused under Section 302 read with Section 149 of the IPC and sentenced …

ANKITA THAKUR & ORS.versusTHE H.P. STAFF SELECTION COMMISSION & ORS.

2023 INSC 992Disposed off

The Supreme Court examined the recruitment of Junior Office Assistants (IT) in Himachal Pradesh where the State had, after the application deadline, issued a relaxation order allowing candidates with diplomas from private institutions to be considered eligible. The petitioners argued that the …

HARIPRASAD @ KISHAN SAHUversusSTATE OF CHHATTISGARH

2023 INSC 986Appeal(s) allowed

The appellant, Hariprasad, was convicted under Section 302 IPC for allegedly poisoning Bisahu Singh by mixing a herb in liquor, based largely on the deceased's dying declaration and a forensic report that arrived a year later. The Supreme Court examined whether the more than one‑year delay in filing …

MOHAR SINGH (DEAD) THROUGH LRS. & ORS.versusSTATE OF UTTAR PRADESH COLLECTOR & ORS.

2023 INSC 1019Appeal(s) allowed

The appellants, owners of land in Khora village, sought compensation for land acquired under the Land Acquisition Act, 1894. After the Special Land Acquisition Officer awarded Rs 70 per sq. yard, the Reference Court enhanced it to Rs 106, and other landowners obtained further enhancement to Rs 130 …

UNION OF INDIA AND OTHERSversusDILIP PAUL

2023 INSC 975Appeal(s) allowed

The case concerns Dilip Paul, a former Area Organizer of the Service Selection Board, who was penalised with a 50% pension withholding after a Central Complaints Committee (CCC) found him guilty of sexual harassment based on a first complaint and a later second complaint filed by a female employee. …

LOMBARDI ENGINEERING LIMITEDversusUTTARAKHAND JAL VIDYUT NIGAM LIMITED

2023 INSC 976Appeal(s) allowed

Lombardi Engineering, a Swiss design consultancy, entered into a contract with Uttarakhand Vidyut Nigam Ltd for a hydro‑electric project, which was later transferred from UPDCC to the respondent. After the respondent terminated the contract, Lombardi invoked the arbitration clause in the General …

JYOTIRMAY RAYversusTHE FIELD GENERAL MANAGER, PUNJAB NATIONAL BANK & ORS.

2023 INSC 979Appeal(s) allowed

Jyotirmay Ray, a senior manager of Punjab National Bank, was compulsorily retired and denied employer's contribution to his provident fund, gratuity, leave encashment and pension. He challenged the denial of PF contribution and gratuity before the High Court, which partially granted relief, but the …

SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS.versusE. VANAJA AND ORS.

2023 INSC 984Disposed off

The case concerned a partition suit filed by E. Vanaja, the widow of a pre‑deceased son, seeking a share in the properties of her mother‑in‑law under the Hindu Succession Act, 1956. The trial court awarded her a one‑eighth share; the first appellate court reduced it to one‑sixteenth of certain …

ADITI ALIAS MITHIversusJITESH SHARMA

2023 INSC 981Disposed off

The minor daughter of Jitesh Sharma challenged the High Court's order that reduced the maintenance awarded by the Family Court from Rs 20,000 to Rs 7,500 per month. The Supreme Court observed that the High Court had not required the parties to file the uniform affidavits of disclosure of assets and …

MANJUNATH & ORS.versusSTATE OF KARNATAKA

2023 INSC 978Appeal(s) allowed

The case concerned the conviction of six appellants for offences under various sections of the IPC, based primarily on a dying declaration, ocular testimony and circumstantial evidence. The trial court had acquitted all accused, but the Karnataka High Court overturned the acquittals of five …

M/S MODI NATURALS LTD.versusTHE COMMISSIONER OF COMMERCIAL TAX UP

2023 INSC 974Appeal(s) allowed

Modi Naturals Ltd., a registered dealer of rice bran oil in Uttar Pradesh, claimed full input tax credit (ITC) on tax paid for raw rice bran used to manufacture taxable oil and a by‑product (de‑oiled rice bran, an exempt good). The Revenue argued that under Section 13(1)(f) of the UP VAT Act the ITC …

PARSHURAMversusSTATE OF M.P.

2023 INSC 973Disposed off

The case arose from a violent clash in a Madhya Pradesh village where the accused, including Parshuram and Jalim Singh, formed an unlawful assembly after a buffalo damaged a shed built by the accused. The assembly allegedly assaulted members of the complainant party, resulting in the death of Madan. …

MARKASH JAJARAversusTHE STATE OF ASSAM & ANR.

2023 INSC 1015Appeal(s) allowed

The appellant, Markash Jajara, struck his son‑in‑law, an alcoholic who habitually abused his daughter, with a bamboo stick inside his house, resulting in the victim's death. The trial court convicted him under Section 302 IPC and sentenced him to life imprisonment, a decision affirmed by the High …

NITISHA AND OTHERSversusUNION OF INDIA AND OTHERS

2023 INSC 985Disposed off

The petitioners, women officers of the Indian Army who had been granted Permanent Commission following the Supreme Court's Nitisha judgment, challenged their non‑empanelment for promotion to Colonel by selection. They argued that the Army’s cut‑off dates for Confidential Reports (CRs) excluded a …

ANIL KUMARversusTHE STATE OF KERALA

2023 INSC 965Dismissed

Anil Kumar was convicted of murder and dowry harassment for setting his wife on fire after she poured kerosene on herself during a quarrel. The prosecution proved that Kumar, under the influence of alcohol, assaulted his wife, after which she drenched herself in kerosene to deter further violence, …

SHAKEEL AHMEDversusSYED AKHLAQ HUSSAIN

2023 INSC 1016Appeal(s) allowed

The respondent filed a suit for possession and mesne profits of a property relying on an unregistered power of attorney, agreement to sell, affidavit and will, while the appellant, who was in possession, claimed title through an oral gift (Hiba) from his brother. The trial court decreed possession …

KUM. GEETHA, D/O LATE KRISHNA & ORS.versusNANJUNDASWAMY & ORS.

2023 INSC 964Appeal(s) allowed

The appellants, members of a joint family, filed a suit for partition and separate possession of family properties listed in Schedules A and B, alleging that earlier 'nominal' sale deeds were merely temporary financing measures and that the family retained possession. The defendants moved to dismiss …

SANJAY KUMAR AGARWALversusSTATE TAX OFFICER (1) & ANR.

2023 INSC 963Dismissed

A batch of five review petitions was filed challenging the Supreme Court's common judgment and order dated 06‑09‑2022 in Civil Appeals No. 1661 of 2020 and No. 2568 of 2020, which interpreted the interplay between Section 48 of the Gujarat Value‑Added Tax Act, 2003 and Section 53 of the Insolvency …

PRADEEP MEHRAversusHARIJIVAN J. JETHWA (SINCE DECEASED THR. LRS.) & ORS.

2023 INSC 958Appeal(s) allowed

The appellant, a landlord, obtained a consent decree in 2005 allowing eviction of the respondents, tenants, upon default of rent. After the tenants defaulted, the executing court on 12 February 2013 ordered execution of the decree. Four years later the tenants filed an application before the same …

SUDHIR SINGH AND OTHERSversusSTATE OF U.P. AND OTHERS

2023 INSC 960Dismissed

The appellants, serving officers of the Armed Forces, applied for the post of Village Development Officer in Uttar Pradesh under the Ex‑Servicemen category after obtaining No‑Objection Certificates. The advertisement required candidates to be Ex‑Servicemen as of the last date of application …

C. ANIL CHANDRANversusM.K. RAGHAVAN AND OTHERS

2023 INSC 962Dismissed

The appellant, a graduate engineer appointed as Overseer Grade‑III on compassionate grounds, was later promoted to Assistant Engineer in 1995 and sought seniority for further promotion. Private respondents, diploma holders, were granted back‑dated promotions to Assistant Engineer effective …

PURUSHOTHAMANversusSTATE OF TAMIL NADU

2023 INSC 970Appeal(s) allowed

The appellant was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and, on appeal, the High Court suspended his sentence and released him on bail under Section 389(1) of the CrPC. When the appeal was listed for hearing, the appellant's counsel sought a four‑week …

BHISHAM LAL VERMAversusSTATE OF UTTAR PRADESH AND ANOTHER

2023 INSC 955Dismissed

The petitioner, a project director, was charged under several IPC offences and the Prevention of Corruption Act. After the government sanctioned prosecution, a charge sheet was filed and the trial court took cognizance. In 2018 the petitioner filed a Section 482 CrPC petition challenging only the …

IFFCO TOKIO GENERAL INSURANCE CO. LTD.versusGEETA DEVI AND OTHERS

2023 INSC 954Dismissed

A motor accident in 2010 caused the death of a motorcyclist, leading the victim's dependents to claim compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation but held that the insurer, IFFCO Tokio, was not liable because the driver of the insured …

MANAK CHAND @ MANIversusTHE STATE OF HARYANA

2023 INSC 959Appeal(s) allowed

The appellant was convicted under Section 376 IPC for allegedly raping his sister‑in‑law’s younger daughter, who was claimed to be a minor at the time. The prosecution’s case rested on the prosecutrix’s delayed testimony, a school register indicating a birth date of 04‑04‑1987, and a medical report …

BIRBAL NATHversusTHE STATE OF RAJASTHAN & ORS

2023 INSC 957Appeal(s) allowed

The case arose from an armed assault on Birbal Nath's uncle and aunt in a Rajasthan field, resulting in the uncle's death and injuries to the aunt, an injured eye‑witness. The trial court convicted the six accused under Sections 302, 307 and related offences, but the Rajasthan High Court acquitted …

ORBIT ELECTRICALS PRIVATE LIMITEDversusDEEPAK KISHAN CHHABRIA & ORS.

2023 INSC 967Disposed off

The Supreme Court had directed the National Company Law Appellate Tribunal (NCLAT) to postpone pronouncing its judgment in a pending appeal until the result of Finolex Cables Limited's Annual General Meeting (AGM) was declared. Despite being apprised of this order, the NCLAT bench pronounced its …

MANISH SISODIAversusCENTRAL BUREAU OF INVESTIGATION

2023 INSC 956Dismissed

Manish Sisodia, former Deputy Chief Minister of Delhi, appealed to the Supreme Court seeking bail in prosecutions under the Prevention of Corruption Act, 1988, the Indian Penal Code and an enforcement case under the Prevention of Money‑Laundering Act, 2002. The Court examined the scope of bail under …

COMMR. OF CEN. EXC. AHMEDABADversusM/S URMIN PRODUCTS P. LTD. AND OTHERS

2023 INSC 951Disposed off

The Supreme Court examined a series of appeals concerning the classification of tobacco products as either ‘chewing tobacco’ (CET SH 2403 9910) or ‘zarda/jarda scented tobacco’ (CET SH 2403 9930) and the consequent duty liability under the Central Excise Act, 1944. The Revenue argued that the …

MUNILAKSHMIversusNARENDRA BABU & ANR.

2023 INSC 943Disposed off

The Supreme Court examined an appeal against the grant of regular bail to the accused (Respondent No.1) in a murder case involving sections 109, 120B, 201, 302, 450 and 454 IPC. After the bail was granted, key witnesses – the mother, sister and father of the deceased – turned hostile within twenty …

MANMOHAN GOPALversusTHE STATE OF CHHATTISGARH & ANR.

2023 INSC 953Disposed off

The daughter‑in‑law (R2) filed applications seeking recovery of arrears of maintenance and monthly maintenance from her father‑in‑law, Manmohan Gopal, after her husband Varun Gopal abandoned her and obtained a foreign divorce. The Supreme Court noted that the father‑in‑law and the husband had …

DR. BALRAM SINGHversusUNION OF INDIA & ORS.

2023 INSC 950Directions issued

Dr. Balram Singh filed a writ petition under Article 32 seeking the full implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The Court examined …

THE STATE OF TELANGANA & ORS.versusM/S TIRUMALA CONSTRUCTIONS

2023 INSC 942Disposed off

The Supreme Court examined a batch of appeals arising from the Telangana, Gujarat and Maharashtra High Courts concerning the Constitution (101st Amendment) Act, 2016 which introduced GST and created Article 246A. The Court held that Section 19 of the Amendment is a transitional provision allowing …

YASHPAL JAINversusSUSHILA DEVI & OTHERS

2023 INSC 948Appeal(s) allowed

The suit was filed in 1982 by Urmila Devi to declare a sale deed void and claim possession of land. After her death in 2007, multiple applications were filed to substitute a legal representative, with Manoj Kumar Jain initially approved, later withdrawn, and Yashpal Jain seeking substitution. The …

MUMTAZ YARUD DOWLA WAKFversusM/S BADAM BALAKRISHNA HOTEL PVT. LTD. & ORS.

2023 INSC 949Appeal(s) allowed

The appellant, Mumtaz Yarud Dowla Wakf, owned a property that was leased to the respondent hotel for 33 years, which expired in 1999. After the lease ended, the appellant sued the respondents before the Wakf Tribunal for ejectment and possession, obtaining a decree in 2002. During execution of the …

INITIATIVES FOR INCLUSION FOUNDATION & ANR.versusUNION OF INDIA & ORS

2023 INSC 927Directions issued

The petitioners, a civil society organization, filed a writ under Article 32 seeking mandatory implementation of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and its Rules across the Union and all States/UTs. The Court examined the statutory scheme, …

DASANGLU PULversusLUPALUM KRI

2023 INSC 930Appeal(s) allowed

The appellant, a third wife of a deceased MLA from the Mishmi tribe, filed a nomination for a 2019 assembly election and marked ‘not applicable’ in Form‑26 for the spouse‑property column. The respondent challenged the nomination, alleging non‑disclosure of the deceased husband’s assets, which he …

INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTDversusHDFC BANK LTD. & ANR.

2023 INSC 929Dismissed

Infrastructure Leasing and Financial Services Ltd (IL&FS) obtained a ₹400 crore loan from HDFC Bank, securing the facility by assigning lease‑rental receivables to the bank under a Master Facility Agreement, Assignment Agreement and related escrow documents. The National Company Law Appellate …

URBAN IMPROVEMENT TRUST, BIKANERversusGORDHAN DASS (D) THROUGH LRS. & OTHERS

2023 INSC 935Matter referred to larger bench

The case concerns three bighas of land in Bikaner purchased by Gordhan Dass and co‑owners in 1970, which the Urban Improvement Trust later claimed to have acquired under the Rajasthan Urban Improvement Act, 1959. The Trust issued acquisition notices to the original khatedars recorded in the revenue …

M/S UNIBROSversusALL INDIA RADIO

2023 INSC 931Dismissed

M/s Unibros was awarded a construction contract by All India Radio, but the project was delayed by about 42.5 months due to the employer's failure to provide site and drawings. The arbitrator awarded the contractor Rs. 1.44 crore as loss of profit based on Hudson's formula, despite the contractor …

RUCHIR RASTOGIversusPANKAJ RASTOGI AND OTHERS ETC.

2023 INSC 941Appeal(s) allowed

The appellant, Ruchir Rastogi, filed an FIR alleging that his brother Pankaj Rastogi, a co‑partner in a family HUF, illegally removed gold, silver, diamonds and other assets from a jointly‑run shop in violation of an interim injunction ordered under the Arbitration and Conciliation Act. The High …

THE CENTRAL WAREHOUSING CORPORATIONversusTHAKUR DWARA KALAN UL-MARUF BARAGLAN WALA

2023 INSC 940Appeal(s) allowed

The Central Warehousing Corporation sought acquisition of 80 kanals of land in Naraingarh, Ambala, and the Land Acquisition Collector initially fixed compensation at Rs.72.31 per square yard based on market rates as of the 2000 notification under Section 4 of the Land Acquisition Act, 1894. The …

KESHAV BHAURAO YEOLE (D) BY LRS.versusMURALIDHAR (D) & ORS.

2023 INSC 939Appeal(s) allowed

The appellants, legal heirs of a landlord, sought possession of leased agricultural lands for personal cultivation after the landlord’s death. The landlord had issued a termination notice only for Survey No. 291, but the tenants occupied both Survey No. 291 and Survey No. 290/1‑2. Lower authorities …

INDRAKUNWARversusTHE STATE OF CHHATTISGARH

2023 INSC 934Appeal(s) allowed

Indrakunwar was convicted under Section 302 IPC for allegedly killing a newborn child she was said to have delivered and then thrown into a pond. The prosecution’s case rested on circumstantial evidence and the accused's statement under Section 313 CrPC, but failed to establish any relationship …

NAVEEN @ AJAYversusTHE STATE OF MADHYA PRADESH

2023 INSC 936Disposed off

The appellant, Naveen (alias Ajay), was convicted and sentenced to death for the rape and murder of a three‑month‑old girl under multiple provisions of the IPC and the POCSO Act. The trial was completed in fifteen days, during which a legal‑aid counsel was appointed only hours before the case began …

M.A BIVIJIversusSUNITA & ORS.

2023 INSC 938Disposed off

Mrs. Sunita, a road‑accident victim, alleged that a forced nasotracheal intubation (NI) at Suretech Hospital caused Grade‑IV subglottic stenosis, voice loss and other complications, seeking compensation under the Consumer Protection Act, 1986. The National Consumer Disputes Redressal Commission …

PARANAGOUDA AND ANOTHERversusTHE STATE OF KARNATAKA AND ANOTHER

2023 INSC 933Appeal(s) allowed

The case involved the suicide by self‑immolation of Akkamahadevi, married to the accused, who was alleged to have subjected her to mental and physical cruelty for dowry. The trial court convicted the accused under IPC sections 498A, 304B (read with s.34), and sections 3 and 4 of the Dowry …

ASSESSING OFFICER CIRCLE (INTERNATIONAL TAXATION) 2(2)(2) NEW DELHIversusM/S NESTLE SA

2023 INSC 928Appeal(s) allowed

The Supreme Court examined a series of appeals concerning the Most‑Favoured‑Nation (MFN) clause in India’s DTAA’s with the Netherlands, France and Switzerland. The assessees argued that the MFN benefit should apply automatically when India later entered into a DTAA with another OECD member, even if …

TOTTEMPUDI SALALITHversusSTATE BANK OF INDIA & ORS.

2023 INSC 923Dismissed

The appellant, managing director of Totem Infrastructure Ltd., challenged the admission of a Section 7 Insolvency and Bankruptcy Code (IBC) application filed by State Bank of India (SBI) before the NCLT, arguing that the claim was barred by limitation and the doctrine of election. The banks had …

DEBASISH PAUL & ANR.versusAMAL BORAL

2023 INSC 925Appeal(s) allowed

The respondent, a tenant, stopped paying rent in February 2005 and was served a notice to vacate in October 2013, after which the landlord filed an eviction suit. The tenant filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, but the trial court rejected …

ABHISHEK SHARMAversusSTATE (GOVT. OF NCT OF DELHI)

2023 INSC 924Appeal(s) allowed

Abhishek Sharma was convicted of murder under Section 302 IPC for allegedly setting his colleague Mandeep Kaur on fire after a quarrel. The prosecution's case rested on four dying declarations made by the victim to various police officers, a doctor, and her mother. The Supreme Court examined the …

MRS. KALYANI RAJANversusINDRAPRASTHA APOLLO HOSPITAL & ORS.

2023 INSC 921Dismissed

The appellant, Mrs. Kalyani Rajan, filed a consumer complaint alleging that her husband, who underwent neurosurgery at Indraprastha Apollo Hospital, died of a heart attack because the hospital failed to provide proper post‑operative care, specifically by shifting him to a private room instead of the …

SUPRIYO @ SUPRIYA CHAKRABORTY & ANRversusUNION OF INDIA

2023 INSC 920Disposed off

The Supreme Court of India considered a batch of petitions seeking legal recognition of same-sex marriage under the Special Marriage Act, 1954, and other laws. The Court held that there is no fundamental right to marry under the Constitution, and the Special Marriage Act is not unconstitutional for …

MATHEWS J. NEDUMPARA & ORS.versusUNION OF INDIA & ORS.

2023 INSC 918Dismissed

The petitioners, practising advocates, filed a writ under Article 32 challenging the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961 and Rule 2 of Order IV of the Supreme Court Rules, 2013, alleging that the designation of senior advocates creates an unlawful class …

C.I.T., DELHIversusBHARTI HEXACOM LTD.

2023 INSC 917Appeal(s) allowed

The case concerned Bharti Hexacom Ltd. and other telecom operators who paid a variable annual licence fee to the Department of Telecommunications under the New Telecom Policy of 1999. The issue was whether these payments were capital in nature, requiring amortisation under Section 35ABB of the …

MOHAMED IBRAHIMversusTHE CHAIRMAN & MANAGING DIRECTOR & ORS.

2023 INSC 914Appeal(s) allowed

The appellant, a qualified electrical engineering graduate, was selected for the post of Assistant Engineer (Electrical) with Tamil Nadu Generation and Distribution Corporation (TANGEDCO) but was denied appointment after a medical examination revealed mild colour‑vision deficiency. The High Court …

AMBALAL PARIHARversusSTATE OF RAJASTHAN & ORS.

2023 INSC 946Appeal(s) allowed

The appellant, Ambalal Parihar, challenged eight FIRs registered against the second to fourth respondents. After two petitions under Section 482 of the CrPC were dismissed without interim relief, the respondents filed a civil writ petition seeking to club the eight FIRs and obtain a direction that …

XversusM/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. & ORS.

2023 INSC 919Disposed off

The petitioner, a 27‑year‑old mother of two, filed a writ petition under Article 32 seeking a medical termination of her pregnancy after discovering she was about 24 weeks pregnant, citing postpartum depression and financial constraints. The Court initially ordered termination, but a doctor from the …

HARVINDER SINGH @ BACHHUversusTHE STATE OF HIMACHAL PRADESH

2023 INSC 907Appeal(s) allowed

The appellant was charged with murder, attempt to rape and related offences after the deceased was found dead in a pool of blood. The trial court acquitted him, finding the prosecution's key witness (PW1) unreliable and noting the non‑examination of material witnesses and the absence of a …

STATE OF U.P. & ANRversusEHSAN & ANR

2023 INSC 906Appeal(s) allowed

The original landholder owned 7,499.20 sq m in Saharanpur, of which 5,499.20 sq m was declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 in 1977 and vested in the State through notifications in 1978‑79. The State claimed it had taken actual possession of the surplus land in …

NUTAN KUMARIversusB.R.A. BIHAR UNIVERSITY AND OTHERS

2023 INSC 966Disposed off

The University of Bihar advertised vacancies for Physical Training Instructors (PTIs) in four constituent colleges, requiring separate applications for each college and specifying eligibility criteria. The university’s selection committee conducted four separate interviews for each candidate on the …

KAMALAKARversusSTATE OF KARNATAKA

2023 INSC 989Appeal(s) allowed

The appellant was married to the deceased for four and a half years during which she alleged continuous cruelty and assault by him and his parents. After being left at her parents' house, the deceased poured kerosene on herself and died, leading to charges under Sections 498A and 306 of the IPC. The …

UCO BANK AND OTHERSversusM.B. MOTWANI (DEAD) THR. LRS. & OTHERS

2023 INSC 908Dismissed

The appellant UCO Bank dismissed its former manager, M.B. Motwani, after he attained superannuation, issuing a charge‑sheet only on 7 December 1991. The employee had been served a show‑cause notice and suspended before retirement, but no formal disciplinary proceeding was deemed pending at the time …

UNION OF INDIAversusUZAIR IMRAN & ORS.

2023 INSC 901Disposed off

The Union of India appealed against the Tribunal and High Court orders that directed the appointment of Ankur Gupta (the third respondent) as Postal Assistant, after he was excluded from training on the basis of his vocational‑stream intermediate qualification. The dispute centered on whether the …

ASTHA GOPAL KHAKRAversusSTATE OF MAHARASHTRA & ORS.

2023 INSC 945Appeal(s) allowed

The appellant, Astha Gopal Khakra, sought recognition as a member of the Nomadic Tribe‑Lohar (Ghisadi‑Lohar) under the Maharashtra Caste Certificate Rules, 2012, and was issued a caste certificate in 2012. The District Caste Certificate Scrutiny Committee later invalidated the certificate, stating …

BICHITRANANDA BEHERAversusSTATE OF ORISSA AND OTHERS

2023 INSC 902Appeal(s) allowed

The dispute concerned the appointment to the solitary post of Physical Education Trainer (PET) at a Gram Panchayat school in Odisha. The appellant, Bichitrandanda Behera, was appointed by a Managing Committee on 14 May 1994, while Respondent No.5 claimed to have been appointed on 10 January 1993 …

KAMAL PRASAD & ORS.versusTHE STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH)

2023 INSC 895Dismissed

The appellants Kamal Prasad, Shersingh and Bhavdas were convicted for murder, attempted murder and offences under the Explosive Substance Act based on the testimony of three eyewitnesses who identified them at the scene where bombs and weapons were used, resulting in the deaths of Chetram and his …

SIBY THOMASversusM/S. SOMANY CERAMICS LTD

2023 INSC 890Appeal(s) allowed

The appellant, a former partner of a partnership firm, challenged a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, alleging that the complaint did not specifically allege that he was in charge of the business at the time the cheque was issued and …

DR. NIRMAL SINGH PANESARversusMRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR

2023 INSC 896Dismissed

The appellant, an 89‑year‑old retired Air Force officer, filed for divorce on the grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. The District Court granted the decree, but the High Court reversed it, holding that the appellant failed to prove …

SYNDICATE BANKversusN. R. BHAT

2023 INSC 1064Disposed off

The respondent, a former officer of Syndicate Bank, was dismissed in 1997, a dismissal later set aside by the Karnataka High Court in 2005. While the writ proceedings were pending, the parties executed a Joint Compromise Memo on 17 June 2019, wherein the bank agreed to replace the dismissal penalty …

NABHA POWER LIMITEDversusPUNJAB STATE POWER CORPORATION LIMITED

2023 INSC 883Appeal(s) allowed

The dispute concerned the recovery of deductions from monthly tariff, specifically the cost of washing coal and the gross calorific value (GCV) under a power purchase agreement between Nabha Power Limited and Punjab State Power Corporation Limited (PSPCL). The Supreme Court had earlier, on 5 October …

M/S. KEWAL COURT PVT. LTD. AND ANRversusTHE STATE OF WEST BENGAL AND ORS.

2023 INSC 884Matter referred to larger bench

The Supreme Court examined the meaning of “vacant land” under Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976, focusing on sub‑clause (i) and the conflict between the earlier Johnson two‑judge decision and the later Billimoria three‑judge decision. The appellants argued that land …

SHEO RAJ SINGH (DECEASED) THROUGH LRS. & ORS.versusUNION OF INDIA & ANR.

2023 INSC 885Dismissed

The case arose from a land acquisition dispute where the Reference Court enhanced compensation for landowners, prompting the Union of India to file an appeal before the Delhi High Court. The appeal was filed 479 days after the order, exceeding the limitation period, leading the Union to seek …

CHANDRA PRATAP SINGHversusSTATE OF M.P

2023 INSC 887Case Partly allowed

The appellant, accused No.2, was convicted by the High Court of murder under Section 302 read with Section 34 of the IPC and of causing disappearance of evidence under Section 201 IPC. The conviction under Section 302/34 was based on the appellate court’s alteration of the original charge (Section …

NARESH @ NEHRUversusSTATE OF HARYANA

2023 INSC 889Appeal(s) allowed

The appellants were convicted under Section 302 read with Section 149 of the IPC for the murder of Ajay based primarily on the testimony of PW‑9, a cousin of the deceased, and a CCTV video. The Supreme Court examined the reliability of the eyewitness, finding his statements riddled with …

RAJESH JAINversusAJAY SINGH

2023 INSC 888Appeal(s) allowed

Rajesh Jain alleged that he had advanced loans to Ajay Singh, who later issued a post‑dated cheque for repayment that was dishonoured for insufficient funds. Jain filed a complaint under Section 138 of the Negotiable Instruments Act, 1881; the trial court acquitted Singh and the High Court upheld …

STATE OF GUJARATversusDILIPSINH KISHORSINH RAO

2023 INSC 894Appeal(s) allowed

The State of Gujarat prosecuted Sub‑Inspector Dilipsinh Kishorsinh Rao under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Rao filed an application for discharge under Sections 227 and 228 of the CrPC, contending that the investigating officer had …

KISHAN CHAND JAINversusUNION OF INDIA & ORS

2023 INSC 915Disposed off

The petitioner, Kishan Chand Jain, filed a writ petition under Article 32 seeking directions that State Information Commissions (SICs) adopt hybrid or virtual hearings to reduce travel costs for applicants, especially from remote areas. The petition argued that such measures would further the …

M/S HARSH AUTOMOBILES PRIVATE LIMITEDversusINDORE MUNICIPAL CORPORATION

2023 INSC 893Disposed off

Harsh Automobiles Private Limited and a related company, dealers of motor vehicles, displayed name boards on their premises showing their trade name and the types of vehicles sold. The Indore Municipal Corporation issued notices demanding payment of advertisement tax under Section 132 of the Madhya …

DIVYAversusUNION OF INDIA & ORS.

2023 INSC 900Dismissed

The petitioners, including Ms. Divya, applied for the 2022 Civil Services Examination (CSE) claiming reservation under the Economically Weaker Section (EWS) category but were rejected by the UPSC because they did not possess the required Income & Asset Certificate (I&AC) for FY 2020‑21 before the …

SANJIT SAHA & ANR.versusTHE STATE OF WEST BENGAL

2023 INSC 1085Matter referred to larger bench

Sanjit Saha and Anil Saha, convicted under IPC 376(2)(g) and sentenced to ten years' rigorous imprisonment, filed a Special Leave Petition (Criminal) together with an application for exemption from surrender. The Chamber Judge rejected the exemption, gave them six weeks to surrender and later two …

BALVIR SINGHversusSTATE OF UTTARAKHAND

2023 INSC 879Dismissed

The appellant Balvir Singh was convicted of murder under s.302 IPC and dowry harassment under s.498A IPC, while his mother‑in‑law Maheshwari Devi was convicted of s.498A IPC read with s.34 IPC. The prosecution proved that the victim died from aluminium phosphide poisoning, a fumigant not explainable …

SARVESH MATHURversusTHE REGISTRAR GENERAL HIGH COURT OF PUNJAB AND HARYANA

2023 INSC 891Directions issued

The petitioner, Sarvesh Mathur, filed a writ petition under Article 32 challenging the denial of video‑conferencing and hybrid hearing facilities by High Courts and tribunals. The Supreme Court examined the widespread variation in adoption of technology, the absence of uniform SOPs, arbitrary age …

VISHAL CHELANI & ORS.versusDEBASHIS NANDA

2023 INSC 913Appeal(s) allowed

The appellants, home buyers in a real‑estate project, obtained a decree from the Uttar Pradesh Real Estate Regulatory Authority (UPRERA) ordering a refund of their investments with interest. While insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) were pending, the …

SRI. K.M. KRISHNA REDDYversusSRI. VINOD REDDY & ANR.

2023 INSC 877Case Partly allowed

The appellant, K.M. Krishna Reddy, filed a suit for perpetual injunction claiming ownership of a family property inherited from his father and alleged interference by the respondents. The respondents counter‑claimed that they had acquired title by adverse possession since 1978 and also asserted an …

RANJAN KUMAR CHADHAversusSTATE OF HIMACHAL PRADESH

2023 INSC 878Dismissed

The appellant was arrested at a bus stand after police received a tip that he was carrying charas. He consented to be searched by the police, and during the search of his bag, 1.25 kg of charas was recovered. The trial court acquitted him, holding that Section 50 of the NDPS Act, which mandates …

M/S IVECO MAGIRUS BRANDSCHUTZTECHNIK GMBHversusNIRMAL KISHORE BHARTIYA & ANR

2023 INSC 880Dismissed

The German company Iveco Magirus Brandschutztechnik GmbH (appellant) challenged a summons issued by an Additional Chief Metropolitan Magistrate in Delhi after a private complaint of defamation was filed by Nirmal Kishore Bhartiya (respondent). The complaint alleged that letters written by the …

SMT. M. HEMALATHA DEVI & ORS.versusB. UDAYASRI

2023 INSC 870Dismissed

The appellants, a group of builders, entered into a sale agreement to construct a villa for the respondent, a home‑buyer, but failed to deliver possession and subsequently terminated the agreement. The buyer filed a complaint under the Consumer Protection Act, 2019 before the District Consumer …

PANKAJ BANSALversusUNION OF INDIA & ORS.

2023 INSC 866Appeal(s) allowed

The appellants, Pankaj Bansal and Basant Bansal, were arrested by the Enforcement Directorate (ED) under Section 19(1) of the Prevention of Money Laundering Act, 2002 (PMLA) after being summoned in connection with two Enforcement Case Information Reports (ECIRs). They had earlier obtained …

STATE BANK OF INDIAversusP. ZADENGA

2023 INSC 868Appeal(s) allowed

The respondent, P. Zadenga, a bank officer, was dismissed after departmental proceedings were instituted for alleged misappropriation of deposit challan amounts, while criminal cases based on the same transactions were pending. The bank relied on Clause 4 of the 2002 Memorandum of Settlement (MoS) …

ADITYA KHAITAN & ORS.versusIL AND FS FINANCIAL SERVICES LIMITED

2023 INSC 867Appeal(s) allowed

The appellants, nine defendants in a commercial suit filed by IL and FS Financial Services Ltd, failed to file written statements within the 30‑day period (ending 8 March 2020) and the 120‑day outer limit (ending 6 June 2020). They sought an extension on 20 January 2021, invoking the Supreme Court's …

PHULEL SINGHversusSTATE OF HARAYANA

2023 INSC 863Appeal(s) allowed

The case concerned the death of Kiran Kaur, who suffered severe burns and later died, with the prosecution alleging that her husband Phulel Singh set her ablaze over dowry demands. The trial court convicted Singh under Section 304‑B IPC based primarily on the victim's dying declaration recorded by …

RAHIMAL BATHU & OTHERSversusASHIYAL BEEVI

2023 INSC 861Appeal(s) allowed

The plaintiff Ashiyal Beevi sued for exclusive ownership of a property, claiming a one‑sixth share based on a sale deed, while the defendants contested the validity of a prior gift deed. The trial court decreed only a one‑sixth share to the plaintiff and rejected her review application seeking a …

COMMISSIONER OF INCOME TAX 14versusJASJIT SINGH

2023 INSC 882Dismissed

The Delhi High Court had ordered notices to be issued to a third‑party assessee after documents belonging to him were seized in a search of another entity's premises. The third‑party argued that the six‑year period for filing returns should commence from the date the seized materials were handed …

H. D. SUNDARA & ORS.versusSTATE OF KARNATAKA

2023 INSC 858Appeal(s) allowed

The case involved a group of accused who were originally acquitted by the Sessions Court for offences arising from a violent property dispute that resulted in death and injuries. The State appealed under Section 378 of the CrPC, and the Karnataka High Court set aside the acquittal, convicting the …

CPL ASHISH KUMAR CHAUHAN (RETD.)versusCOMMANDING OFFICER & ORS.

2023 INSC 857Appeal(s) allowed

The appellant, a retired Air Force corporal, was transfused with a unit of blood at 171 Military Hospital in 2002 during Operation Parakram. He later discovered he was HIV positive in 2014 and alleged that the transfusion was the source of infection, seeking compensation for loss of earnings, …

KOTAK MAHINDRA BANK LIMITEDversusCOMMISSIONER OF INCOME TAX BANGALORE AND ANR.

2023 INSC 855Appeal(s) allowed

Kotak Mahindra Bank Ltd. (formerly ING Vysya Bank) sought settlement of tax liabilities for several assessment years, disclosing additional lease income that had been treated as a financial transaction under RBI guidelines. The Settlement Commission, after considering the bank's cooperation and full …

M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITEDversusAMIT CHAND MITRA & ANR.

2023 INSC 854Dismissed

The dispute arose from a five‑year lease agreement dated 27‑03‑2003 between Paul Rubber Industries Pvt. Ltd. (lessee) and the landlady (respondents) for approximately 16 cottahs of land in Kolkata, which included a clause for renewal and described the premises as having a factory shed. The lease was …

SHIRDI NAGAR PANCHAYATversusKISHOR SHARAD BORAWAKE AND OTHERS

2023 INSC 851Appeal(s) allowed

The Supreme Court examined appeals filed by Shirdi Nagar Panchayat against landowners and plot holders who challenged a 2004 government notification converting a green zone into a residential zone, which required the municipal council to receive 10% of the land as open space and another 10% as …

SWEETY KUMARIversusTHE STATE OF BIHAR AND OTHERS

2023 INSC 853Appeal(s) allowed

The petitioners, Sweety Kumari, Vikramaditya Mishra and Aditi, were candidates in the 30th and 31st Bihar Judicial Service examinations and had their candidatures rejected by the Bihar Public Service Commission (BPSC) for not producing original character or law degree certificates at the interview, …

SABBIR (DEAD) THROUGH LRSversusANJUMAN (SINCE DECEASED) THROUGH LRS

2023 INSC 898Appeal(s) allowed

The parties entered into an Agreement to Sell on 31 July 1975, which required the sellers to obtain permission from the District Magistrate within eight days and then inform the buyers, who were to execute the sale deed within fifteen days. The sellers never applied for permission, and the buyers …

BALWINDER SINGH (BINDA)versusTHE NARCOTICS CONTROL BUREAU

2023 INSC 852Disposed off

The case arose from a 2005 drug seizure in Chandigarh where the Narcotics Control Bureau (NCB) recovered heroin from a car driven by Satnam Singh and later arrested Balwinder Singh based on a confession recorded under Section 67 of the NDPS Act. The High Court had upheld both convictions, relying on …

SUNILversusSTATE OF NCT OF DELHI

2023 INSC 840Disposed off

The case arose from an altercation between two families in Jahangir Puri, Delhi, after which Babu Ram (non‑appellant) fetched a licensed gun and fired indiscriminately from a roof, killing two persons and injuring twenty‑six others. The appellants – Sunil, Shri Krishan and Ravinder – were convicted …

SUDESH KUMAR GOYALversusSTATE OF HARYANA & ORS.

2023 INSC 842Dismissed

The appellant, Sudesh Kumar Goyal, qualified in the 2007 selection process for the Haryana Superior Judicial Service under the direct recruitment quota, securing the 14th position in the merit list, but was not appointed as only 13 posts were filled. He contended that the vacancy created by the …

FIRST GLOBAL STOCKBROKING PVT. LTD. & ORS.versusANIL RISHIRAJ & ANR.

2023 INSC 845Dismissed

The Foreign Exchange Management Act, 1999 (FEMA) repealed the Foreign Exchange Regulation Act, 1973 (FERA) but saved prosecutions for offences under sections 56 and 57 of FERA if cognizance was taken within two years of FEMA's commencement. An Enforcement Officer appointed under FERA filed a …

P. SARANGAPANI (DEAD) THR. LR PAKA SAROJAversusSTATE OF ANDHRA PRADESH

2023 INSC 844Dismissed

The appellant, a Sub Registrar, was convicted under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting Rs.1500 as gratification. The complainant had died before trial, and the prosecution relied on pre‑trap and post‑trap witnesses and …

SURESH LATARUJI RAMTEKEversusSAU. SUMANBAI PANDURANG PETKAR & ORS.

2023 INSC 846Appeal(s) allowed

The appellant Suresh Ramteke sought specific performance of a sale deed against the respondents Sumanbai Petkar, alleging that the respondents failed to execute the deed despite his readiness and payment of consideration. The trial court and the first appellate court upheld the appellant's claim, …

JOSEPHversusTHE STATE OF KERALA & ORS.

2023 INSC 843Appeal(s) allowed

The petitioner, convicted of murder and robbery under Sections 302 and 392 IPC, had been in actual imprisonment for over 26 years and had served a total sentence of 35 years including 8 years of remission. He repeatedly sought premature release, and the Jail Advisory Board recommended his release …

SOUTH EASTERN COALFIELDS LTDversusSTATE OF MADHYA PRADESH & ORS

2023 INSC 865Dismissed

South Eastern Coalfields Ltd, which operates coal mines in Madhya Pradesh, challenged the levy of a terminal tax by the municipal council on the basis that municipal statutes cannot apply to Scheduled Areas. The company argued that Article 243ZC of the Constitution excludes Part IXA (municipalities) …

CELIR LLPversusBAFNA MOTORS (MUMBAI) PVT. LTD. & ORS.

2023 INSC 838Appeal(s) allowed

The borrowers defaulted on a loan secured by a mortgage over land in Navi Mumbai, prompting Union Bank of India to initiate SARFAESI proceedings and eventually conduct a public auction. The appellant, CELIR LLP, was the highest bidder, paid the full bid amount, and received a sale confirmation, but …

RAJESH & ANR.versusTHE STATE OF MADHYA PRADESH

2023 INSC 839Appeal(s) allowed

The case concerned the kidnapping and murder of 15‑year‑old Ajit Pal, for which three relatives – Rajesh Yadav, Raja Yadav and Om Prakash Yadav – were convicted and sentenced to death (two of them) and life imprisonment based largely on circumstantial evidence and confessions recorded before they …

SAMIR KUMAR MAJUMDERversusTHE UNION OF INDIA & ORS.

2023 INSC 836Case Partly allowed

The appellant, a substitute teacher appointed in 1989, sought to be absorbed as an Assistant Teacher in the Higher Secondary Section and to receive continuity of service. The High Court had denied both reliefs. The Supreme Court held that his claim for absorption as an Assistant Teacher was barred …

APPAIYAversusANDIMUTHU @ THANGAPANDI & ORS.

2023 INSC 835Appeal(s) allowed

The appellant purchased a two‑acre property in 1963 from Puliyankaladi, who had earlier acquired it through a registered sale deed (Exhibit A1) dated 27‑08‑1928. The trial court and the first appellate court held that the certified copy of Exhibit A1, a public document, was admissible as secondary …

SITA SORENversusUNION OF INDIA

2023 INSC 856

The appellant, a Jharkhand MLA, was charged with accepting a bribe to vote for a candidate in a Rajya Sabha election, but she did not cast the alleged bribe‑influenced vote. She sought quashing of the criminal proceedings on the ground of immunity under Article 194(2) of the Constitution. The High …

THE STATE OF MADHYA PRADESH AND OTHERSversusBHUPENDRA YADAV

2023 INSC 837Appeal(s) allowed

The respondent, Bhupendra Yadav, applied for a constable post in the Madhya Pradesh police and truthfully disclosed in his verification form that he had been tried for offences under IPC and the POCSO Act, but was acquitted by the trial court. The Superintendent of Police deemed him unfit on the …

BTL EPC LTD.versusMACAWBER BEEKAY PVT LTD AND OTHERS

2023 INSC 864Appeal(s) allowed

BHEL awarded a contract for an ash‑handling plant at the Yadadri Thermal Power Station to BTL EPC Ltd. BTL’s bid relied on a consortium‑type agreement with the Chinese firm Fujian Longking, which was not registered with the competent authority as required by the Public Procurement Order for entities …

PRINCIPAL COMMISSIONER OF INCOME TAX-10versusM/S KRISHAK BHARTI COOPERATIVE LTD.

2023 INSC 834Dismissed

The case concerned M/s Krishak Bharati Cooperative Ltd., a multi‑state cooperative society in India, which held a 25% share in an Omani joint‑venture (OMIFCO) and earned dividend income from it. The dividend was exempt from tax in Oman under Article 8(bis) of the Omani Company Income Tax Law and a …

JAVED SHAUKAT ALI QURESHIversusSTATE OF GUJARAT

2023 INSC 829Appeal(s) allowed

On 7 November 2003 a large mob in Ahmedabad assaulted several persons, burnt a two-wheeler and an auto‑rickshaw, and snatched the gold chain of PW‑2. The appellant, accused No.6, was identified only by PW‑2’s testimony given two years later, without any identification parade and amidst a crowd of …

B.C. NAGARAJ & ANRversusTHE STATE OF KARNATAKA & ORS

2023 INSC 828Appeal(s) allowed

The appellants, retired physical instructors of Karnataka government colleges, sought the benefit of a revised University Grants Commission (UGC) pay scale that was granted to similarly placed employees under a Government order dated 15 November 1999. They were denied this benefit, leading to …