A K GANGULY

The appellants' land in Haryana was notified for acquisition in 2002 and an award was passed in 2004 under the Land Acquisition Act, 1894. They filed writ petitions alleging that the land fell within a green belt under the Regional Plan 2001, that the acquisition violated the National Capital Region Planning Board Act,…

The appellant, Mohan Singh, was accused of extorting money from an informant by telephone and threatening the informant's brother, who was subsequently killed. The prosecution presented voice identification by the informant, call‑record printouts linking Singh to co‑conspirator Laxmi Singh, and testimony that the infor…

United Bank of India (the appellant) issued notices under Sections 13(2) and 13(4) of the SARFAESI Act and obtained an order under Section 14 against guarantor Satyawati Tondon, without first taking action against the borrower, Pawan Color Lab. The guarantor filed a writ petition under Article 226 seeking an injunction…

The State of Haryana prosecuted Rajmal and another under Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 for slaughtering cows in their house. The trial court and the Additional Sessions Judge convicted them based on seizure of beef, cow skins, and weapons, and eyewitness identification by the investigat…

The appellant, Rajput Jabbarsingh Malaji, was convicted under Section 302 IPC for murdering his brother Jethusing by striking him on the face with an axe. The prosecution relied on the dying victim's wife (PW‑3) who identified the appellant, corroborated by two brothers (PW‑5, PW‑6) whose statements were recorded under…

The State of Rajasthan appealed against the Rajasthan High Court’s order converting the murder conviction of respondent No.1 Islam under IPC Section 302 to a lesser offence under Section 304 Part‑II, on the ground that the High Court had erred in its appreciation of the evidence and its application of the fourth except…

The M.P. Rural Road Development Authority entered into a works contract with L.G. Chaudhary Engineers for road construction. After alleged breaches, the Authority terminated the contract and encashed the contractor's bank guarantee, leading to a dispute. The contractor sought arbitration under the Arbitration and Conci…

Bangaru Laxman appealed against the order of a Special Judge that granted pardon to an accomplice (respondent No.2) before the charge‑sheet was filed. The appellant argued that the Special Judge under the Prevention of Corruption Act, 1988 (PC Act) lacked jurisdiction to grant pardon at the investigation stage and that…

The appellants filed a partition suit and the respondents later applied under Order XVI Rule 1(1) and (2) read with Section 151 of the CPC to file a list of witnesses, naming the appellants' advocate, N.R. Karnath, as a witness. The trial court allowed the list but rejected the request to summon the advocate because no…

The appellant, V. Ramakrishna Rao, filed an application under Section 28A(3) of the Land Acquisition Act, 1894 seeking correction of the market value and compensation awarded for land acquisition. The Supreme Court had earlier allowed the appeal, reversing the Andhra Pradesh High Court and holding the Section 28A(3) ap…

The Narcotics Central Bureau appealed a Delhi High Court order that set aside the conviction of Sukh Dev Raj Sodhi on the ground that Section 50 of the NDPS Act had not been complied with. The High Court held that merely informing the accused of his option to be searched in the presence of a gazetted officer or a magis…

The appellant, alleged ULFA extremist Rangku Dutta, was convicted by a Designated TADA Court under Sections 120(8)/302 IPC read with Section 3(2)(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987. He appealed, arguing that the FIR was recorded without the mandatory prior approval of the District Supe…

Five persons were charged for a violent incident in which Gopal stabbed Mitthulal, causing his death, while the others inflicted injuries with swords and a cycle chain. The trial court convicted Gopal under sections 148, 302, 323, 149 IPC and the others under similar provisions. The High Court altered Gopal's convictio…

The appellant was convicted under Section 302 IPC for allegedly setting a maid on fire by pouring kerosene on her, leading to her death. The prosecution's case relied on the victim's multiple dying declarations and circumstantial evidence, as there were no eye‑witnesses. The appellant contended that the Supreme Court, …

The appellant, Shanmughan, was convicted of murder and causing hurt for allegedly administering cyanide to his wife, Raji, resulting in her death. The trial and High Courts upheld the conviction and life sentence. On appeal, the Supreme Court examined whether the circumstantial evidence—motive, injuries indicating forc…

The case concerned the acquisition of abadi land in Gautam Budh Nagar for the New Okhla Industrial Development Authority under the Land Acquisition Act, 1894. The State issued a notification invoking Section 17 (emergency powers) and took possession of the land on 4 February 2003 without, according to the appellants, p…

Pradeep Kumar Gupta, an engineer appointed under Section 86 of the Madhya Pradesh Municipality Act, 1961 by the State Government, was penalised with withdrawal of two increments. The State Government granted sanction to prosecute him under Section 19 of the Prevention of Corruption Act, 1988. The High Court quashed the…

The Regional Provident Fund Commissioner appealed against Hooghly Mills Co. Ltd., an exempted establishment under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for defaulting on contributions. The High Court had held that the exemption barred the application of Sections 6, 7A, 8 and 14B, and tha…

The Supreme Court examined the detention of several individuals under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, whose representations against detention were filed on 30 March 2011. The State Government forwarded these representations to the Central Government, w…

The appellant, a Block Development Officer, was accused by a contractor of demanding a bribe in connection with a road contract. The Lokayukta investigated, found the complaint to be false, and submitted a closure report to the Special Judge. The Special Judge rejected the closure report twice, directing the police to …

The State of Gujarat introduced a Capital Investment Incentive Scheme offering sales‑tax deferment to new industrial units that had to commence commercial production by a prescribed date. Essar Oil Ltd, a premier unit, was delayed in starting production because the Gujarat High Court, in several public‑interest litigat…

Miss Pritilata Nanda, a physically handicapped candidate, applied for a Class III post in South Eastern Railway, cleared the written and viva tests and was placed 11th in the merit list. Despite her selection, the railway refused to appoint her because her name had not been sponsored by an employment exchange, as requi…

The respondent, C.P. Rao, was charged with demanding a bribe of Rs 5,000 from complainant CW‑1 in exchange for granting pass marks to D‑Pharma students in a practical examination. The trial court convicted him under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, but the Keral…

Birender Poddar was convicted under Sections 302/34 and 498‑A of the IPC for the death of his wife in their matrimonial home. The prosecution relied on circumstantial evidence, including testimonies of the deceased's relatives, letters complaining of ill‑treatment, and a post‑mortem report showing incised injuries to t…

The accused Mustkeem, Nandu and Arun were convicted for the murder of Ram Pal Yadav under IPC s.302/34 and the Arms Act based largely on circumstantial evidence, hostile eyewitnesses, and weapons recovered after the accused’s disclosure. The Supreme Court found that key witnesses had turned hostile, statements were ret…

The land in question was acquired in 1949 under the Land Acquisition Act, 1894 and vested in the State in 1962, later being transferred to the Chennai Municipal Corporation. In 1995 the Government ordered reconveyance of a portion of the land to the original owners, but subsequently cancelled that order on the ground t…

The petitioner, a senior engineer of Uttar Pradesh Jal Nigam, was prematurely retired in September 2005 under Fundamental Rule 56(c). He challenged the retirement, arguing that the screening criterion used by the Jal Nigam to assess eligibility was illegal and that its invalidity should automatically nullify his retire…

The appellant Madhu and his co-accused Sibi were convicted for robbery and murder of Padmini Devi based largely on confessional statements to police and circumstantial evidence. The Supreme Court held that the confessions were inadmissible because they did not lead to the discovery of any unknown fact, violating Sectio…

The Chief Information Commissioner of Manipur and another filed two RTI applications under Section 6 seeking details of magisterial inquiries, but received no response from the State Public Information Officer. They lodged complaints under Section 18, prompting the Commissioner to direct the officer to disclose the inf…

The case involved a murder where the complainant, Azija Begum, alleged that the police investigation was inadequate and the magistrate, under Section 173(8) of the CrPC, ordered further investigation but retained the same police agency. The appellant challenged this order before the High Court under Article 227, arguin…

Chandrakala Trivedi was provisionally selected for a teacher post in Rajasthan but her selection was cancelled on the ground that she had not passed the Senior Secondary (Higher Secondary) examination, a basic qualification for the post. The appellant argued that at the time of her Secondary Examination, admission to h…

D. Ethiraj was convicted under IPC sections 366, 109 and 119 and sentenced to three years rigorous imprisonment. He sought remission under Tamil Nadu Government Order No. 279 dated 23‑02‑1992, which provides six months remission for male prisoners. The Madras High Court rejected his application on the ground that he wa…

The landowners, who were caveators, appealed the award of compensation under the Land Acquisition Act and filed cross‑objections under Order XLI Rule 22 of the CPC, but delayed filing them by 404 days. The High Court dismissed both the State's appeal and the cross‑objections, holding that the one‑month limitation perio…

The appellants, Disha Constructions and others, entered into a contract to construct a school auditorium and were partially paid, leaving a balance due from September 2006. They served a notice under Section 80 of the CPC to the first defendant on 19 February 2009, which was received on 27 February 2009, and filed a su…

The Supreme Court entertained interlocutory applications filed by the Jawaharlal Nehru University (JNU) Students' Union and Youth for Equality Students seeking to hold student‑union elections that were stayed on the ground that they did not comply with the Lyngdoh Committee recommendations. The Court examined whether a…

The Secretary of the Cannanore District Muslim Educational Association, a minority institution, sought permission to run a Higher Secondary school after the Kerala government abolished pre‑degree courses and allowed colleges with high schools to add classes up to the 12th standard. Although the Council of Ministers had…

The case arose from the murder of a young girl, Arushi, and a domestic help, Hemraj, where the CBI filed a closure report. The father of the deceased filed a protest petition, leading the Special Judicial Magistrate to take cognizance of offences under Sections 302/34 and 201/34 IPC against Dr. Rajesh Talwar and Dr. Nu…

The Special Land Acquisition Officer (SLAO) appealed against the High Court's enhancement of compensation awarded to M.K. Rafiq Saheb for the acquisition of 34 guntas of land. The Supreme Court examined whether the land, though recorded as agricultural, had effectively ceased to be agricultural and could be treated as …

The Supreme Court examined several appeals arising from a common land acquisition notification for a Government Polytechnic in Uttaranchal. It held that the Special Land Acquisition Officer's use of the belting system was improper because the land was uniformly placed and intended for a single purpose, so uniform compe…

Harjinder Singh, a workman employed by Punjab State Warehousing Corporation, was retrenched despite seniority over junior employees. The Labour Court awarded him reinstatement with 50% back wages under Section 25G of the Industrial Disputes Act, 1947. The Punjab & Haryana High Court, exercising writ jurisdiction under …

The sisters Poonam, et al., filed a civil suit for declaration of title and injunction against their brother, which was dismissed by the trial court. They appealed the decree but filed the appeal 63 days late, seeking condonation of delay, citing illness of one sister and negligence of counsel. The District Judge and s…

Sirajuddin Kasim (P1) and his Singapore company (P2) entered into a Shareholders' Agreement (SHA) with Paramount Investments Ltd (R) for farm‑out transactions of oil and gas assets. Disputes arose and P1 and R executed a Settlement Agreement, which P2 did not sign. Before R filed a suit in the Singapore High Court, P1 …

The deceased Surender Kumar, a 29‑year‑old villager, was fatally injured when a tempo (HR‑34‑8010) struck him. His widow and three minor children filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal and the High Court rejected the claim because the FIR did not rec…

The case arose from a dispute over the erection of a fence around a chapel in Goa, during which the appellant Roy Fernandes and four others intervened, assaulting the deceased and his companions. One of the accused stabbed the deceased, causing his death. The trial court convicted all five under Sections 143, 148, 323,…

The Supreme Court examined the entitlement of displaced families from the Man Dam project in Madhya Pradesh to receive two hectares of land under the State's Rehabilitation and Resettlement (R&R) Policy. The High Court had directed that each adult son who became a major before the acquisition notification be treated as…

The Supreme Court examined a batch of interlocutory orders by the Allahabad High Court that stayed criminal investigations and trials, resulting in cases remaining pending for years, some up to three decades. The Court held that while High Courts have the power under Article 226 and Section 482 of the CrPC to stay proc…

The appellants sought to have criminal complaints under Section 138 of the Negotiable Instruments Act, read with Section 141, dismissed on the ground that a scheme of compromise approved under Section 391 of the Companies Act had automatically compounded the offences. The Supreme Court examined whether the sanction of …

The appellant companies, foreign nationals who were ultimate beneficiaries of a bill of exchange, were summoned by a Ghaziabad magistrate on a criminal complaint alleging cheating, criminal breach of trust and related offences under the IPC. The complaint arose from a commercial transaction in which goods were supplied…

The State of Punjab appealed the acquittal of CRPF constable Dalbir Singh, who had been charged under Sections 302, 307 IPC and Section 27 of the Arms Act for firing a self‑loading rifle that resulted in the death of a senior officer. The High Court acquitted him on the basis of irreconcilable inconsistencies in the pr…