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Supreme Court of India

A S ANAND

381 judgments delivered by benches including this judge — showing 201–381.

A.I. DEMOCRATIC WOMEN ASSOCIATION AND ORS.versusUNION OF INDIA AND ANR

1998 INSC 13916 March 1998Disposed off

The A.I. Democratic Women Association and others filed a writ petition under Article 32 seeking a ban on the drug quinacrine, used for female sterilisation, by directing the Union of India and the Directorate General of Health Services to invoke Sections 10‑A and 26‑A of the Drugs and Cosmetics Act, 1945, and to issue

SUNIL FULCHAND SHAHversusUNION OF INDIA AND ORS.

2000 INSC 7416 February 2000

The petitioners, detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the computation of their preventive detention period and the effect of parole on that period. The Supreme Court examined whether the period of detention runs from the date of actu

THE STATE OF PUNJABversusGURMIT SINGH ANR ORS.

1996 INSC 7516 January 1996Appeal(s) allowed

The State of Punjab appealed the acquittal of Gurmit Singh and two others for abduction, wrongful confinement and rape of a minor girl. The trial court had disbelieved the prosecutrix, citing her ignorance of car details, alleged delay in filing the FIR, and alleged family enmity. The Supreme Court held that the girl’s

BISHWANATH PRASAD SINGH ETC.versusSTA TE OF BIHAR AND ORS

2000 INSC 60115 December 2000Dismissed

The petitioners, senior judicial officers in Bihar, challenged a High Court order that denied them the benefit of extending their superannuation age from 58 to 60 years, arguing that the Supreme Court’s directions in the All India Judges' Association cases automatically conferred such a right. The Court held that the S

NARMADA BACHAO ANDOLANversusUNION OF INDIA AND ORS.

1999 INSC 48315 October 1999Disposed off

The State of Gujarat moved the Supreme Court alleging that the Narmada Bachao Andolan (NBA) and its leaders, as well as author Arundhati Roy, were violating interim injunctions and attempting to prejudice pending proceedings on the height of the Sardar Sarovar dam by issuing press releases, interviews, and publishing a

VENKATESH THIMMAIAH GURJALKARversusS.S. HAWALDAR

1997 INSC 69515 October 1997Appeal(s) allowed

The appellant continued to operate a hair‑cutting shop that had been let to his father in 1940, a non‑residential premises, after his father's death in 1974. The landlord filed a petition for eviction under Section 21 read with Section 51(2) of the Karnataka Rent Control Act, 1961, asserting that the appellant was not

THAMPANOOR RAVIversusCHARUPARA RAVI AND ORS.

1999 INSC 40215 September 1999Appeal(s) allowed

Thampanoor Ravi was elected to the Kerala Legislative Assembly and his election was challenged on two grounds: (i) that he was an "undischarged insolvent" within the meaning of Article 191(1)(c) of the Constitution, and (ii) that he had indulged in corrupt practices under Section 123 of the Representation of the People

NARENDER SINGHversusMALA RAM AND ORS.

1999 INSC 40315 September 1999Appeal(s) allowed

The appellant, Nareder Singh, was elected to the Haryana Legislative Assembly in 1996. Defeated candidates, including Mala Ram, filed election petitions alleging that the Returning Officer had improperly rejected the nomination papers of Suresh Kumar, Yogender and Mala Ram and had improperly accepted the appellant's no

INDER SINGHversusSTATE OF PUNJAB AND ORS.

1994 INSC 39215 September 1994Disposed off

The petitioner, Inder Singh, filed a habeas corpus petition under Article 32 of the Constitution seeking the release of seven of his relatives who were allegedly abducted by a senior police officer, Baldev Singh, D.S.P., and six other policemen in October 1991. The victims remain untraced; a FIR was lodged only in Marc

YOGENDRA PAL AND OTHERSversusMUNICIPALITY, BHATINDA AND ANR.

1994 INSC 26115 July 1994Dismissed

The Supreme Court examined the validity of Sections 192(1)(c) of the Punjab Municipal Act, 1911 and 203(1)(c) of the Haryana Municipal Act, 1973, which allowed municipal committees to transfer land for town‑planning schemes without payment of compensation or with discretionary compensation. Petitioners whose land had b

T.M. JACOBversusC. POULOSE AND ORS.

1999 INSC 18615 April 1999Dismissed

The appellant, T.M. Jacob, was elected to the Kerala Legislative Assembly and faced an election petition filed by C. Poulose alleging corrupt practices. The petition included an affidavit in Form 25, but the copy of the affidavit served on Jacob omitted the notary’s name, address, stamp and seal, though it bore the end

MARWADI KISHOR PARMANANDversusSTATE OF GUJARAT

1994 INSC 11515 March 1994Dismissed

The appellants, Marwadi Kishor Parmanand and Marwadi Mangal Dhulji, were charged with murder of Punaram and Sohanlal under IPC sections 302 and 34. The trial court acquitted them, finding the sole eye‑witness, Ranchhodbhai (PW‑1), unreliable. The Gujarat High Court reversed the acquittal, holding PW‑1’s testimony relia

S.K. PATTANAIK (DEAD) THROUGH LRS.versusSTATE OF ORISSA AND ORS.

1999 INSC 55714 December 1999Dismissed

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant contested on the ground t

DEVINDERPAL SINGHversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI

1995 INSC 73014 November 1995Disposed off

Devinderpal Singh was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and detained in judicial custody. Before the statutory 180‑day period expired, the investigating officer applied to the Designated Court for an extension of time to complete the investigation, but no report from t

DENTAL COUNCIL OF INDIA AND ANR. ETC.versusDR. H.R. PREM SACHDEVA AND ORS. ETC.

1999 INSC 47814 October 1999Disposed off

The Supreme Court examined the provisions of the Dentist Act, 1948 and the Dental Council (Election) Regulations, 1952 to determine the permissible duration of a Dental Council member's term when elections are not held within the prescribed five‑year period. Section 6(1) states that a member holds office for five years

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1998 INSC 39514 October 1998Dismissed

The petitioners sought relief under Article 32 concerning the communal riots in Meerut (Sept‑Oct 1982) and the subsequent enquiry commission headed by Justice C.D. Parekh. The Supreme Court repeatedly directed the Uttar Pradesh government to file an affidavit detailing the action taken on the commission’s report, but t

ASHIM KUMAR ROYversusBIPINBHAI VADILAL MEHTA AND ORS.

1997 INSC 68914 October 1997Dismissed

Ashim Kumar Roy, a trade‑union secretary, filed a criminal complaint alleging that Bipinbhai Vadilal Mehta and his son conspired to commit criminal breach of trust and conspiracy (IPC §§120‑B, 409) and violated Section 77 of the Companies Act by diverting company funds to acquire control of Sayaji Industries Ltd. A mag

MAHESH KUMAR SAHARIAversusSTATE OF NAGALAND AND ORS.

1997 INSC 69014 October 1997Dismissed

M.K. Saharia, former Managing Director of Nagaland Forest Products Ltd., challenged the Nagaland Forest Products Ltd. (Acquisition of Shares) Ordinance, 1981 and the subsequent Act, 1982, which transferred the State's acquisition of the company's S‑class shares. He argued that the State's takeover of shares amounted to

PARSION DEVI AND ORS.versusSUMITRI DEVI AND ORS.

1997 INSC 69114 October 1997Appeal(s) allowed

The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error apparent on the face of t

TULSI CO-OPERATIVE HOUSING SOCIETY, HYDERABAD ETC.versusSTATE OF A.P. AND ORS. ETC. ETC.

1999 INSC 39514 September 1999Disposed off

The Tulsi Co‑operative Housing Society had agreed to buy 24 acres of land but the State of Andhra Pradesh, under the Land Acquisition Act, 1894, acquired 18.03 acres for a HUDCO housing project, invoking the urgency clause and dispensing with a Section 5A enquiry. The Society and the landowner challenged the acquisitio

SOMNATH RATHversusBIKRAM K. ARUKH AND ORS.

1999 INSC 39714 September 1999Appeal(s) allowed

In the 1995 Bhanjanagar Assembly election, the Returning Officer rejected the nomination of Panchanan Das (respondent No. 7) on the ground that he was a dealer under the Public Distribution System (PDS). The appellant, Somnath Rath, challenged the election of the returned candidate, Bikram K. Arukh, alleging that the r

RAGHUBIR SINGH AND ORS.versusGULAB SINGH AND ORS.

1998 INSC 25014 July 1998Appeal(s) allowed

Manraj Singh executed a will in 1946 leaving his entire property to his grandson Raghuvir Singh, but reserving "full control and ownership" of the property for himself and his wife Janak Dulari during their lifetimes. After Manraj's death Janak Dulari possessed the land; a compromise decree in 1947 confirmed that she w

ARJUN AND ORS.versusSTATE OF RAJASTHAN

1994 INSC 25714 July 1994

The case involved four appellants (Arjun, Rampal, Bhagwan Singh and Mukhoram) convicted of murder under Section 302 IPC for the killing of Jyoti Ram. The prosecution relied on five eye‑witnesses, who were relatives or associates of the deceased, to identify the appellants as the assailants. The four co‑accused were acq

SURENDER KUMAR GARGversusSTATE OF UTTAR PRADESH

1993 INSC 21114 May 1993Appeal(s) allowed

The appellant, Surrender K.L. Garg, was convicted for cheating the Uttar Pradesh Small Industries Corporation by creating a fictitious firm, Seemak Industrial Corporation, and obtaining a loan of Rs 39,352.50. He was found guilty under IPC sections 120‑B, 419, 420, 468 and 471 and sentenced to rigorous imprisonment for

KASHINATH S. BANDEKAR AND ORS.versusATMARAM VASSUDEVA NAIQUE AND ORS.

1997 INSC 26914 March 1997Dismissed

The appellants filed a suit in 1961 seeking declaration of ownership and possession of certain immovable properties, which was tried under the Portuguese Civil Procedure Code. The trial court prepared an especificacao and questionnaire under Articles 515 and 516, but dismissed the suit. On appeal, various courts (Judic

UNION OF INDIA AND ORS.versusKANTILAL HEMATRAM PANDYA

1995 INSC 11514 February 1995Appeal(s) allowed

Kantilal H. Pandya joined the Railway Service in 1955, stating his date of birth (DOB) as 6 September 1930, which was entered in his service record. Upon retirement in 1988, he claimed his correct DOB was 4 September 1934 and sought alteration of his service records to obtain benefits until 1992, filing applications in

T. SUDHAKAR PRASAD ETC.versusGOVT. OF A.P. AND ORS.

2000 INSC 59513 December 2000Disposed off

A contempt application was filed under Section 17 of the Administrative Tribunals Act, 1985 before the Andhra Pradesh Administrative Tribunal against the Principal Secretary for wilful disobedience of the Tribunal's order. The State and the Principal Secretary challenged the Tribunal's jurisdiction in the Andhra Prades

M.R. GOPALAKRISHNANversusTHACHADY PRABHAKARAN AND ORS.

1994 INSC 59813 December 1994Dismissed

The appellant, M.R. Gopalakrishnan, contested the election of Thachady Prabhakaran to the Kerala Legislative Assembly, alleging that the counting of votes was irregular due to a cramped hall, that postal ballots were improperly rejected, that double voting and impersonation occurred, and that the respondent committed c

BALDEV SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 62213 October 1995Disposed off

Baldev Singh and his father were convicted by a Special Court for murder (Sec. 302 r/w Sec. 34 IPC) and for possession of an unlicensed weapon. The Supreme Court examined the evidence, including the FIR, eyewitness statements and post‑mortem report, and found that the injuries inflicted were not sufficient to constitut

DR.BUDHIKOTASUBBARAOversusMR. K. PARASARAN AND ORS.

1996 INSC 87313 August 1996Dismissed

The petitioner, a former Indian Navy captain, was detained in 1988 on suspicion of carrying atomic and defence secrets and was prosecuted under the Official Secrets Act and the Atomic Energy Act after consent from the Attorney General and authorisation from the Chief Vigilance Officer of the Department of Atomic Energy

SURESH CHANDRA BAHRI ETC. ETC.versusSTATE OF BIHAR

1994 INSC 24613 July 1994Dismissed

The Supreme Court examined the murder of Urshia Bahri and her two children, for which Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were convicted under Sections 302, 120B and 201 of the IPC. The prosecution relied on the testimony of an approver, Ram Sagar Vishwakarma, whose statement was found trustworthy

R.C. SOODversusHIGH COURT OF JUDICATURE AT RAJASTHAN

1998 INSC 23213 May 1998Case Allowed

The petitioner, a member of the Rajasthan Higher Judicial Service, was suspended and subjected to a departmental enquiry by the High Court on allegations of administrative irregularities. The petitioner challenged the initiation of the enquiry, arguing that a prior order by the Chief Justice had already exonerated him

VISHAL JEETversusUNION OF INDIA AND ORS.

1998 INSC 23613 May 1998Dismissed

Vishal Jeet, claiming to be an advocate, filed a fresh contempt petition (CRL No. D4I06 of 1998) against the Union of India and others, alleging that he had been denied membership of the Central Advisory Committee. An earlier contempt petition (No. 1/1994) on the same grievance had been dismissed by the Supreme Court.

HARI SINGHversusSTATE OF HARYANA

1993 INSC 15013 April 1993Appeal(s) allowed

The case involved six accused, including Hari Singh, Satbir and Gulbir, who were convicted of murder under Section 302 read with Section 149 of the IPC for the death of Mange Ram. The trial court and High Court upheld the convictions, but the Supreme Court was asked to consider whether the earlier rejection of Special

RAGHUBIR SINGH AND ORS. ETC.versusSTATE OF PUNJAB ETC.

1996 INSC 37913 March 1996Dismissed

The Supreme Court examined the murder of Balwant Singh and the assault on Santokh Singh (PW‑6) by five accused who formed an unlawful assembly armed with weapons. The trial court had convicted all five under Section 148 IPC for the assault, while Raghubir Singh and Joginder Singh were also convicted under Section 302 I

P.A. NARYANANversusUNION OF INDIA AND ORS.

1998 INSC 9513 February 1998Appeal(s) allowed

The appellant's wife was assaulted and robbed on a running local train in 1981. She pulled the alarm chain, but the guard and motorman failed to stop the train, and she later died from her injuries. The Railway Board denied compensation, holding that liability arose only in railway accidents, and the High Court upheld

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 1213 January 1998

In this public interest litigation, the Supreme Court was asked to clarify the status of an ad‑hoc committee headed by Justice R.K. Shukla that had been constituted under a previous order of the Court. The Court had subsequently created a permanent Environment Pollution (Prevention and Control) Authority for the Nation

STATE OF RAJASTHANversusBHUP RAM

1997 INSC 1613 January 1997

The State of Rajasthan appealed the acquittal of Bhup Singh, who was convicted of murdering his wife, Chawli, based on her dying declaration and ballistic evidence. The High Court had set aside the conviction, holding that the dying declaration was invalid because it was recorded in Hindi rather than the Bagri language

STATE OF RAIASTHANversusANI @ HANIF AND ORS.

1997 INSC 1713 January 1997Appeal(s) allowed

The Supreme Court examined an appeal by the State of Rajasthan against the acquittal of six accused in a double murder case. The trial judge had interjected during the cross‑examination of an injured eyewitness (PW‑3) to clarify a confusion, which the High Court held improper. The Supreme Court held that under Section

UNION OF INDIAversusB.V. SAROJA AND ANR.

1995 INSC 3713 January 1995Appeal(s) allowed

The Union of India acquired land belonging to B.V. Saroja and another person under the Land Acquisition Act, 1894. The acquisition notification was issued on 30 March 1972, the award was made on 15 September 1976 and possession taken on 15 October 1976. After the award, the respondents claimed an additional amount unde

UNION OF INDIAversusHARNAM SINGH

1994 INSC 913 January 1994Dismissed

The Supreme Court reviewed a judgment of the Central Administrative Tribunal (New Delhi) in Union of India v. Harnam Singh, wherein the Tribunal had decided the case through a single member. The Court observed that, in view of the earlier decision in Amulya Chandra Kalita's case, the matter should perhaps be remanded f

ANANGA UDAY SINGH DEOversusRANGA NATH MISHRA AND ORS.

2001 INSC 50412 October 2001Dismissed

Ananga Uday Singh Deo challenged the election of three Rajya Sabha candidates, alleging corrupt practices and an improper vote‑counting procedure. The Supreme Court held that a charge of corrupt practice must be pleaded with full particulars under Section 83 of the Representation of the People Act and proved beyond rea

RUPAN DEOL BAJAJ AND ANR.versusKANWAR PAL SINGH GILL AND ANR.

1995 INSC 61612 October 1995Disposed off

Mrs. Rupan Deol Bajaj, an IAS officer, complained that the Director General of Police, K.P.S. Gill, had assaulted her modesty at a dinner party by pulling her chair, standing too close, ordering her to move, and finally slapping her posterior in front of many guests. She lodged a FIR alleging offences under IPC section

HARISHANKAR JAINversusSONIA GANDHI

2001 INSC 43812 September 2001Dismissed

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional validity of the Citizenshi

STATE OF UTTAR PRADESHversusBABUL NATH

1994 INSC 31512 August 1994

The State of Uttar Pradesh charged Babul Nath with rape of a five‑year‑old girl. The trial court convicted him based on an eye‑witness who saw the victim bleeding and the accused fleeing, and on a medical report showing a torn hymen, lacerations and other injuries indicating sexual intercourse. The Allahabad High Court

RAJINDER AND ORS.versusSTATE OF HARYANA

1995 INSC 39512 July 1995Dismissed

The case arose from a dispute over agricultural land in Haryana where three members of the complainant party were killed and others injured when the accused entered the land with ploughs and weapons. The accused claimed they acted in private defence of their property and person. The Supreme Court examined whether the c

HITENDRA VISHNU THAKUR AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 23712 July 1994

The case arose from the murder of Suresh Narsinh Dubey in 1989, for which Hitendra Vishnu Thakur and others were arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). After a series of investigations, the accused sought bail on the ground that the prosecution had failed to file a charge‑

M.C.MEHTAversusUNION OF INDIA & ORS

1998 INSC 22712 May 1998Directions issued

In M.C. Mehta v. Union of India & Ors., the Supreme Court examined the State's failure to implement its earlier directions aimed at curbing chaotic traffic and vehicular pollution in Delhi, which affect the right to life under Article 21 and the State's duties under Articles 47, 48A and 144 of the Constitution. The Cou

LACHHMAN DASversusSANTOKH SINGH

1995 INSC 37712 May 1995Appeal(s) allowed

Lachhman Das, a landlord, filed an eviction suit against tenant Santokh Singh under the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging arrears of rent, tethering cattle, and abandonment of the premises. The Rent Controller found the landlord entitled to evict, noting the tenant had paid arrears, there

SUKHVINDER SINGH AND ORS.versusSTATE OF PUNJAB

1994 INSC 20812 May 1994Case Partly allowed

The case arose from the abduction and murder of a child, Varun Kumar, for which five persons were convicted under Sections 302, 149, 120B of the IPC, Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and related provisions. On appeal, the Supreme Court examined whether the prosecution had pro

GAINDA RAM AND ORS. ETC.versusM.C.D. TOWN HALL AND ORS. ETC.

1993 INSC 19512 May 1993Disposed off

The Supreme Court examined the scheme devised by the Delhi Municipal Corporation (MCD) for granting Tehbazari (market) permission to squatters and hawkers under the Delhi Municipal Corporation Act. The Court clarified that the MCD's sub‑classification of squatters—those possessing a survey‑report receipt versus those p

L.C. GOYALversusMRS. SURESH JOSHI AND ORS.

1999 INSC 10212 March 1999Case Partly allowed

The appellant, a practising advocate, received Rs.25,102 from the respondent as court fees for filing a suit but failed to deposit the amount and later issued a cheque of Rs.38,000 to refund the fees with interest, which bounced due to insufficient funds. The Bar Council of India, after examining the receipts and the c

JAGDJSH NARAIN AND ANR.versusSTATE OF U.P.

1996 INSC 36312 March 1996Dismissed

Five persons, including Jagdish Narain and his two sons, were tried for rioting and the murder of Jitendra Nath after allegedly ambushing him and firing shots. The trial court acquitted them, citing contradictions between eye‑witness statements and their earlier statements under Section 161 CrPC and alleging a faulty i

PUNJAB STATE ELECTRICITY BOARD AND ANRversusSHRI JASBIR SINGH

1999 INSC 6012 February 1999Appeal(s) allowed

The respondent's son suffered a pituitary gland disorder and was prescribed the imported drug Norditropin, for which the Punjab State Electricity Board (PSEB) denied reimbursement of Rs. 313,200. The respondent filed a writ petition, and the Punjab & Haryana High Court directed reimbursement, treating the drug as a lif

PANCHUGOPAL BARUA AND ORS.versusUMESH CHANDRA GOSWAMI AND ORS.

1997 INSC 13812 February 1997Appeal(s) allowed

The plaintiff allowed the defendant to use a plot of land in Assam for two years (June 1963‑June 1965) to raise a temporary structure, with the understanding that the structure would be removed and possession returned after the period. The defendant failed to vacate and also claimed he was a prospective purchaser under

M/S. AMERICAN REMEDIES PVT. LTD. AND ANR.versusGOVT. OF ANDHRA PRADESH AND ANR.

1999 INSC 412 January 1999Dismissed

The petitioners, American Remedies Pvt Ltd and another, challenged a demand for differential sales tax that arose after the Andhra Pradesh legislature amended Entry 37 of the Andhra Pradesh General Sales Tax Act, 1957 by the 1996 Amendment Act. They argued that the demand was invalid and that liability should depend on

SH. JAGANNATH AND ORS.versusSTATE OF UTTAR PRADESH

1995 INSC 2912 January 1995Appeal(s) allowed

The appellants, Jagannath and others, were originally convicted under Section 302 read with Section 34 of the IPC for the murder of Shyam Narain, based primarily on the ocular testimony of PW1 who claimed the appellants chased and surrounded the victim. The High Court upheld this conviction. On appeal, the Supreme Cour

SJ. EBENEZERversusVELAYUDHAN AND ORS.

1997 INSC 81311 December 1997Appeal(s) allowed

The landlord (respondent) filed a petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant (appellant) on the ground that the premises were required bona fide for his own use, alleging that another property he occupied was under imminent threat of acquisitio

RATTAN SINGHversusSTATE OF HIMACHAL PRADESH

1996 INSC 146711 December 1996Dismissed

The appellant, a former army man, was convicted of murdering Kanta Devi, who was shot in her courtyard at night. The deceased, moments before being shot, shouted that the appellant was standing with a gun. The gun was later found near the body. The appellant appealed, arguing that the omission in the FIR regarding the

STATE OF MADHYA PRADESHversusDR. KRISHNA CHANDRA SAKSENA

1996 INSC 118511 October 1996Appeal(s) allowed

Dr. K.C. Saksena, a medical officer, was caught in a trap for allegedly demanding a bribe. After investigation, the State Government granted sanction for prosecution under Section 6 of the Prevention of Corruption Act. Before a challan could be filed, Saksena invoked Section 482 of the CrPC and obtained a stay; the Hig

K. BASAVARAJAPPAversusTAX RECOVERY COMMISSIONER, BANGALORE AND OTHERS

1996 INSC 118711 October 1996Dismissed

The appellant, K. Basavarajappa, had entered into an agreement to purchase land from a tax defaulter, Y.S. Devendra Murthy, and filed a suit for specific performance. The land was attached and auctioned by the Tax Recovery Officer under the Income Tax Act. Within 30 days of the auction, the appellant filed an applicati

UNION PUBLIC SERVICE COMMISSIONversusS. PAPAIAH AND ORS.

1997 INSC 65011 September 1997Appeal(s) allowed

The Union Public Service Commission (UPSC) complained that a candidate had used unfair means in the Indian Forest Service examination and asked the CBI to investigate. The CBI filed a closure report under Section 173 of the CrPC, but failed to give the UPSC proper notice of its right to object. The Metropolitan Magistr

S. GOPAL REDDYversusSTATE OF ANDHRA PRADESH

1996 INSC 72711 July 1996Appeal(s) allowed

The appellant, S. Gopal Reddy, was convicted under Section 4 of the Dowry Prohibition Act, 1961 for demanding dowry in connection with a proposed marriage. He appealed, arguing that a demand made during pre‑marriage negotiations does not fall within the statutory definition of "dowry" and that the prosecution’s evidenc

CHAND KHAN & ANR.versusSTATE OF UTTAR PRADESH

1995 INSC 38911 July 1995Dismissed

The appellants Chand Khan and Shabbu were charged with murder, assault and related offences arising from a night‑time attack on Shah Alam and others on 26 May 1977. The trial court acquitted all nine accused, disbelieving the testimony of four eye‑witnesses, but the Allahabad High Court set aside the acquittal and conv

U.P. BHUMI SUDHAR NIGAM LTD.versusSHIV NARAIN GUPTA

1994 INSC 23311 July 1994

The Uttar Pradesh Bhumi Sudhar Nigam Ltd. advertised for a Financial Controller and prepared a three‑member merit panel, with Shiv Narain Gupta placed second. After the first candidate failed to join, the corporation abolished the post because a World Bank‑funded project was delayed. Gupta filed a writ petition under A

JAI KUMARversusSTATE OF M.P.

1999 INSC 23611 May 1999Dismissed

Jai Kumar was convicted for the brutal murder of his pregnant sister‑in‑law and his eight‑year‑old niece, whom he killed after attempting to rape the former and then dismembering and displaying the bodies. The Sessions Court sentenced him to death under IPC 302 (with a concurrent seven‑year term under IPC 201), a sente

UNION OF INDIA AND ORS.versusHARJEET SINGH SANDHU

2001 INSC 20211 April 2001Appeal(s) allowed

The Supreme Court examined two writ petitions challenging termination orders issued under Section 19 of the Army Act read with Rule 14 of the Army Rules. Both petitioners had earlier faced General Court‑Martial proceedings that were either annulled or became time‑barred under Section 122. The High Courts had quashed th

DURGA DEVI AND ANR.versusSTATE OF H.P. AND ORS.

1997 INSC 40911 April 1997Leave Granted & Disposed off

The appellants were appointed as voluntary teachers under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 contested the appointment, alleging he was more meritorious and that the Selection Committee should not have preferred the appellants. The Himachal Pradesh Administrative Tribunal qua

KULDIP CHANDversusSTATE OF H.P. AND ORS.

1997 INSC 41011 April 1997Leave Granted & Allowed

Kuldip Chand was appointed as a voluntary teacher on a tenure basis under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 challenged the appointment, alleging that he was academically superior and that the Selection Committee unjustifiably awarded higher viva‑voce marks to the appellant (

D.RAMACHANDRANversusR.V. JANAKIRAMAN AND ORS.

1999 INSC 9711 March 1999Appeal(s) allowed

In the 1996 Pondicherry Legislative Assembly election, D. Ramachandran filed an election petition alleging that R.V. Janakiraman, who was declared elected, committed multiple corrupt practices including falsifying voter lists, exceeding expenditure limits, and using government servants for canvassing. Janakiraman denie

DHANANJOY CHATIERJEE @ DHANAversusSTATE OF WEST BENGAL

1994 INSC 611 January 1994

The appellant, a security guard, was transferred after complaints of teasing a young girl living in an apartment. Ignoring the transfer, he went to the girl’s flat under the pretext of making a telephone call, raped and murdered her, and stole her wrist‑watch. The prosecution relied on a chain of circumstantial evidenc

BALBIR SINGH AND ANR.versusSTATE OF PUNJAB

1994 INSC 51010 November 1994Dismissed

The appellants Balbir Singh and Nachhattar Singh were convicted of murder under IPC sections 302 and 34 for inflicting fatal blows with a gandasa. They challenged the conviction on two grounds: that the offence should be culpable homicide under section 325, and that the criminal court lacked jurisdiction to try Air For

TARUN PRASAD CHATTERJEEversusDINANATH SHARMA

2000 INSC 47510 October 2000Dismissed

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected on 28 November 1998. The respondent filed an election petition under Section 81(1) of the Representation of the People Act, 1951 on 12 January 1999, seeking to challenge the result. The appellant contended that the petition was

VADIVELUversusSUNDARAM AND ORS.

2000 INSC 47610 October 2000Dismissed

The appellant contested the election for President of Vannavalkudi Village Panchayat, losing by a single vote. After his application for a recount was rejected by the Returning Officer, he filed an election petition alleging various irregularities in the counting process. The Election Tribunal, finding no specific mate

KARAN SINGHversusSTATE (DELHI ADMN.)

1996 INSC 117610 October 1996Dismissed

Karan Singh was arrested in 1988 for possessing an unauthorised country‑made pistol and three live cartridges within a TADA‑notified area. The case was initially filed under the Arms Act, but the Metropolitan Magistrate transferred it to a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act,

NEW INDIA ASSURANCE CO. LTD.versusSMT. SITA BAI AND ORS

1999 INSC 38810 September 1999Appeal(s) allowed

A motor accident occurred on 16 April 1987 at 10:00 am, killing Smt. Salta Bai. The bus involved was owned by respondent No. 5 and driven by respondent No. 6. The owner bought an insurance policy for the bus on the same day at 9:00 pm, and the policy expressly stated that its commencement was 16 April 1987 at 21:00 hou

T.DEEN DAYALversusTHE HIGH COURT OF ANDHRA PRADESH

1997 INSC 64710 September 1997Dismissed

T. Deen Dayal, a Rajya Sabha candidate, filed a transfer application in an election petition alleging bias and corruption against the presiding judge. The judge deemed the allegations baseless and scandalous, initiating suo moto contempt proceedings under the Contempt of Courts Act, 1971. The High Court convicted Dayal

LIEWELLYN FURTADO AND ORS.versusGOVERNMENT OF GOA AND ORS.

1997 INSC 64910 September 1997Appeal(s) allowed

The petitioners challenged a land acquisition on the ground that the declaration under Section 6 of the Land Acquisition Act, 1894 was made after the one‑year limitation period prescribed by Section 4, and that an unreasonable gap between the initial and gazette notifications, coupled with the invocation of emergency p

THE BELSUND SUGAR CO. LTD. ETC. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1999 INSC 31510 August 1999Disposed off

The Supreme Court examined whether the Bihar Agricultural Produce Markets Act, 1960 (the Market Act) could be applied to transactions involving sugarcane, sugar, molasses, wheat products, vegetable oils, rice, milk products and tea. It held that the special statutes governing sugarcane, sugar and molasses – the Bihar S

DR. PREETI SRIVASTAVA AND ANR. ETC. ETC.versusTHE STATE OF MADHYA PRADESH AND ORS.

1999 INSC 31610 August 1999Appeal(s) allowed

The Supreme Court examined whether State governments could prescribe lower minimum qualifying marks for reserved‑category candidates in the Post‑Graduate Medical Entrance Examination (PGMEE). The Court held that the Uttar Pradesh Act 1997 and Madhya Pradesh Government Order fixing 20% for reserved and 45% for general c

AJIT PRASAD GUPTAversusSTATE OF U.P. AND ORS.

[1997] SUPP. 2 S.C.R. 25810 July 1997Dismissed

Ajit Prasad Gupta, whose government service was terminated on 5 January 1972, repeatedly challenged the termination through a series of petitions before the High Court, the U.P. Public Service Tribunal, and the Supreme Court between 1974 and 1981, all of which were dismissed. After each dismissal he filed another petit

STATE OF JAMMU AND KASHMIRversusSHAM LAL AND ORS.

1996 INSC 67810 May 1996Appeal(s) allowed

The State discovered a large embezzlement by employees of the Jammu & Kashmir Cooperative Supply and Marketing Federation Ltd. and filed an FIR under Section 5(2) of the Prevention of Corruption Act, 1988 and the Ranbir Penal Code. The accused filed a writ petition in the High Court seeking to quash the FIR and obtain

STATE OF JAMMU AND KASHMIRversusSUDERSHAN CHAKKAR AND ANR.

1995 INSC 36510 May 1995Appeal(s) allowed

The State of Jammu & Kashmir prosecuted Sudershan Chakkar and others, alleging criminal conspiracy and misappropriation of foodgrains and empty bags worth Rs. 3,22,119.36, involving forged documents. The trial judge discharged two respondents, holding that the evidence showed only negligence, not a conspiratorial desig

INDER SINGHversusSTATE OF PUNJAB AND ORS.

1995 INSC 36010 May 1995Disposed off

The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the victims were unlawfully

SHEIKH ISHAQUE AND ORS.versusSTATE OF BIHAR

1995 INSC 18310 March 1995Dismissed

In July 1990 a bomb attack and arson resulted in the death of three members of the Bhagat family. Four accused were convicted of murder under IPC sections 302/34 and sentenced to death, while seven co‑accused were sentenced to life imprisonment. The High Court upheld the death sentences and acquitted the seven co‑accus

RAJENDRA KUMAR GUPTA AND ANR.versusSTATE OF U.P. AND ORS.

1997 INSC 12510 February 1997Appeal(s) allowed

The Supreme Court examined a 1976 order that requisitioned two Nazul land parcels belonging to Rajendra Kumar Gupta and another, ostensibly to enable the U.P. State Handloom and Powerloom Finance and Development Corporation to set up a handloom showroom. The appellants argued that the Defence and Internal Security of I

THE VISAKHAPATNAM PORT TRUSTversusM/S. RAM BAHADUR THAKUR PVT. LTD.

1997 INSC 12610 February 1997Dismissed

The Visakhapatnam Port Trust levied handling charges of Rs 30 per metric ton for manganese ore after introducing a new handling system that eliminated its narrow‑gauge railway service. The private shippers, M/s Ram Bahadur Thakur Pvt. Ltd., challenged the rates, arguing that the new charges were a fresh scale of rates

THE ANDHRA PRADESH STATE FINANCIAL CORPORATIONversusGAR RE-ROLLING MILLS AND ANR.

1994 INSC 6410 February 1994

The Andhra Pradesh State Financial Corporation (the appellant) had advanced loans to Gar Re‑rolling Mills (the respondent) which defaulted, leading the corporation to first obtain an order under Section 31 of the State Financial Corporations Act and later to invoke Section 29 to sell the mortgaged concern. The High Cou

GANESH NAGARAO RAUT DUDHAGAONKARversusRAJANI SHANKARRAO SATAV AND ORS.

1998 INSC 4679 December 1998Dismissed

In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared exhausted because they co

BALWINDER SINGHversusSTATE OF PUNJAB

1995 INSC 7049 November 1995Appeal(s) allowed

Balwinder Singh was convicted by a Special Court under Sections 302 and 201 of the IPC for the murder of his daughter Rozy, based solely on circumstantial evidence comprising alleged "last seen together" testimony, an extra‑judicial confession, recovery of a dead body, and a disclosure statement leading to the recovery

JASWANT SINGHversusVIRENDER SINGH AND ORS.

1994 INSC 5069 November 1994

The appellant Jaswant Singh and the respondent Virender Singh contested the 1991 Haryana Legislative Assembly election, with the respondent declared elected. The appellant filed an election petition under Sections 81 and 83 of the Representation of the People Act, 1951 alleging irregularities, tampering of vote counts

NISAR AND ANRversusSTATE OF U.P

1994 INSC 5079 November 1994Dismissed

The deceased met an unnatural death in her matrimonial home, leading to an FIR that named her husband, mother‑in‑law and two relatives (the brother‑in‑law and sister‑in‑law) as alleged perpetrators. The police charge‑sheeted only the husband and mother‑in‑law under IPC sections 304B and 306, and the case was committed

SUBA SINGHversusSTATE OF PUNJAB

1994 INSC 5089 November 1994

Suba Singh was convicted under Section 302 IPC for the murder of Pritam Singh following a dispute that arose after a betrothal ceremony. The prosecution's case rested on the ocular testimony of two eyewitnesses, Jagtar Singh and Lahora Singh, who identified the appellant as the shooter, and was corroborated by the FIR,

ABBAI MALIGAI PARTNERSHIP FIRM AND ANR.versusK. SANTHAKUMARAN AND ORS

1998 INSC 3559 September 1998Appeal(s) allowed

The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, which were dismissed.

HAVILDAR CLERK HANS RAJ SHARMA ETC.versusUNION OF INDIA AND ORS.

1994 INSC 3769 September 1994Appeal(s) allowed

The appellants, Havildar Clerks in the Army Medical Corps, were recommended by the Service Selection Board for Permanent Commission in the 1986 quota, placed 4th and 5th on the merit list, and forwarded to the Director General, Armed Forces Medical Services (DGAFMS) for "final selection". The DGAFMS later altered the e

STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO

2000 INSC 3879 August 2000Appeal(s) allowed

The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible settlement between the

R.P. KAPURversusUNION OF INDIA AND ORS.

1999 INSC 3139 August 1999Appeal(s) allowed

The appellant, a railway signal engineer, was suspended on 21‑January‑1982 and later compulsorily retired on 25‑November‑1992. During the suspension he received only a subsistence allowance equal to 75 % of his revised basic pay, which the President ordered to count as qualifying service for pension but for no other pu

SECRETARY TO GOVERNMENT OF KARNATAKAversusV. HARISHBABU

1996 INSC 7109 July 1996Appeal(s) allowed

The Secretary to the Government of Karnataka (appellant) contracted V. Harishbabu for canal work, but disputes led to arbitration. The arbitrator issued an award on 22‑April‑1993 and the respondent filed a petition under Sections 14 and 17 of the Arbitration Act, 1940 on 23‑April‑1993, attaching a copy of the award. Th

NAMAD HASSAN BHAGAD AND ORS.versusSTATE OFGUJARAT AND ORS.

1996 INSC 6619 May 1996Disposed off

During a TADA investigation, the police attached seven ships under Section 7A of the Terrorist and Disruptive Activities (Prevention) Act, alleging the vessels were purchased with proceeds of terrorist activity. The owners challenged the attachment, arguing that the ships were bought before the Act came into force and

P.S. RAJYAversusTHE STATE OF BIHAR

1996 INSC 6639 May 1996

P.S. Rajya, an Income‑Tax Officer, was charged under Section 5(2) read with 5(1)(e) of the Prevention of Corruption Act for possessing assets disproportionate to his income. A departmental inquiry conducted by the Central Vigilance Commission, and later concurred by the UPSC and the President, exonerated him of the cha

STATE OF MADHYA PRADESHversusSHYAMSUNDER TRIVEDI AND ORS.

1995 INSC 3559 May 1995Appeal(s) allowed

The deceased Nathu Banjara was brought to Rampura police station as a murder suspect, beaten and tortured by Sub‑Inspector Shyamsunder Trivedi, Head Constable Rajaram and Constable Ganniuddin, and died in custody. The police attempted to conceal the death by preparing false death reports and panchnamas and seeking crem

RAKESH KUMARversusSUNIL KUMAR

1999 INSC 489 February 1999Dismissed

In the 1997 Punjab Vidhan Sabha election, three candidates, including Sunil Kumar, filed nomination papers as BJP candidates. The Returning Officer (RO) raised a suo motu objection that the BJP had set up more than one candidate and rejected all three nominations. Sunil Kumar applied under Section 36(5) of the Represen

AJIT SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1999 INSC 5468 December 1999Dismissed

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable classification. The Court r

MOHAMMAD KASAM HAJI GULAMBHAIversusBAKERALI FATEHALI (D) BY LRS.

1998 INSC 3528 September 1998Case Allowed

The landlord filed an eviction suit under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that tenant Bakerali Fatehali had unlawfully sublet or transferred his interest in a shop to his two sons. Bakerali had originally taken the shop on his own name, later entered into

MAJOR R.S. BUDHWARversusUNION OF INDIA AND ORS.

1996 INSC 6488 May 1996Appeal(s) allowed

The case involved Major R.S. Budhwar and two other soldiers who were convicted by a General Court Martial for abetment and commission of murders of senior army officers under Sections 302, 34 and 109 of the IPC read with Section 69 of the Army Act. The appellants challenged the convictions on the ground that the eviden

SANTOSH HAZARLversusPURUSHOTTAM TIWARL (DEAD) BY LRS

2001 INSC 808 February 2001Appeal(s) allowed

Santosh Hazari filed a suit for declaration of title, recovery of possession and a permanent injunction against Purushottam Tiwar, alleging dispossession of a portion of his land. The trial court decreed in favour of Hazari, rejecting the defendant's claim of adverse possession and the defence of limitation. The Additi

IN THE MATTER OF: 'K', A JUDICIAL OFFICERversus-

2001 INSC 828 February 2001Appeal(s) allowed

The appellant, a Metropolitan Magistrate, complained that a Delhi High Court judgment contained disparaging observations against her, which later entered her confidential annual records and threatened her career. She sought expungement of those remarks under Article 136 of the Constitution, arguing they were irrelevant

ARISTOCRAT AGENCIES,HYDERABAD ETC.versusEXCISE SUPERINTENDENT, HYDERABAD AND ORS. ETC.

2000 INSC 5777 December 2000Dismissed

Aristocrat Agencies, holders of distributor licences, obtained import permits for liquor and paid countervailing duty at the rate of Rs.45 per litre prevailing at the time of permit issuance. A notification dated 8 February 1991 raised the duty to Rs.70 per litre. The agencies imported liquor after the notification but

SEWA KAURversusSTATE OF PUNJAB

1996 INSC 13077 November 1996Dismissed

Sewa Kaur and her paramour Bakhshish Singh were convicted for the murder of Sewa's husband, Havaldar Gurdev Singh, under IPC sections 302 and 201. The prosecution relied on the sole eyewitness testimony of the victim's son, extra‑judicial confessions made to a police informant, medical evidence of fatal head injuries,

RAM KUMARversusTHE STATE OF HARYANA

1994 INSC 4547 October 1994Dismissed

Ram Kumar and three co‑accused were charged with murder and attempt to murder arising from a land‑dispute. The trial court acquitted all, holding that the FIR was ante‑timed, that there was an unexplained delay in filing the FIR and in sending the special report to the magistrate, and that the eye‑witnesses (the victim

ORIENT PAPER AND INDUSTRIES LTD. AND ORS.versusTASHILDAR-CUM-IRRIGATION OFFICER AND ORS.

1998 INSC 3507 September 1998Dismissed

The appellant, Orient Paper and Industries Ltd., drew water from a point in the river Ib that lay below the 630 RL mark of the Hirakud reservoir. The Irrigation Officer assessed water rate under the Orissa Irrigation Act, 1959, holding that the intake point was within the reservoir and thus water was supplied from an i

SAJAN ABRAHAMversusSTATE OF KERALA

2001 INSC 3447 August 2001Dismissed

The appellant was seized with 25 ampoules of injectable narcotic drug (Buprenorphine) and three syringes after police acted on information from a head constable. The trial court acquitted him, but the Kerala High Court convicted him under Section 21 of the NDPS Act. On appeal, the Supreme Court examined whether procedu

DHANNA ETC.versusSTATE OF MADHYA PRADESH

1996 INSC 6957 July 1996Dismissed

The case involved the murder of Nanji, for which five persons were charged. The Sessions Court convicted two accused (K and M) under Section 302 IPC and acquitted the remaining three, including Dhanna, due to insufficient evidence linking Dhanna to the crime. The Madhya Pradesh High Court reversed Dhanna's acquittal, i

SHRI MUNIR ALAMversusUNION OF INDIA AND ORS.

1999 INSC 2297 May 1999Case Allowed

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry by the Central Burea

KSHITISH CHANDRA PURKAITversusSANTOSH KUMAR PURKAIT

1997 INSC 4877 May 1997Appeal(s) allowed

The plaintiff purchased land from Kshirodamani Dasi, who had sole occupancy rights, and sued the defendants for declaration of title and possession. The defendants, after having trespassed on the land, raised a new plea in a second appeal before the Calcutta High Court, claiming that under the West Bengal Estates Acqui

KAPILDEO SINGH AND ORS.versusSTATE OF BIHAR

1993 INSC 1437 April 1993Case Partly allowed

The case concerned six accused, including Kapildeo Singh, charged with the murder of Shyamdeo Singh and grievous injuries to Rajmani Devi. The trial court acquitted them, the High Court reversed the acquittal, and the Supreme Court examined the appeal. The Court evaluated the admissibility of a post‑FIR statement, the

DR. VIKRANT PARIHARversusSTATE OF JAMMU AND KASHMIR AND ORS.

2000 INSC 4356 September 2000Disposed off

The State of Jammu & Kashmir failed to conduct the annual postgraduate medical entrance examination mandated by SRO No. 158 of 1995, instead relying on a five‑year‑old waiting list that disadvantaged MBBS graduates after 1996. Several writ petitions were filed, and the High Court issued interim directions that both hal

MUNICIPAL COUNCIL, KHURAIversusKRISHI UPAJ MANDI SAMITI, KHURAI AND ORS.

1998 INSC 2926 August 1998Dismissed

The Municipal Council of Khurai received a 7‑acre parcel of land (Khasra No. 412/2) as a gift in 1912 to establish a grain market. The Council later transferred the land to the Krishi Upaj Mandi Samiti (Market Committee) under the Madhya Pradesh Agricultural Produce Markets Act, 1960, and claimed compensation for the t

BILAL AHMAD KALOOversusSTATE OF ANDHRA PRADESH

1997 INSC 5986 August 1997Appeal(s) allowed

Bilal Ahmad Kaloo, a Kashmiri youth and member of the militant outfit Al‑Jehad, was arrested in Hyderabad for allegedly spreading communal hatred among Muslims and possessing a revolver and cartridges. The Designated Court under TADA acquitted him of TADA offences but convicted him under IPC sections 124A (sedition), 1

RAMBHAI NATH BHAI GANDHVI AND ORS.versusSTATE OF GUJARAT

1997 INSC 6006 August 1997Case Partly allowed

The accused were arrested for smuggling arms and were tried by a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959. The trial court convicted them, relying on an order dated 3 September 1993 issued by the Director General of Police, which the appellants

RANJIT SINGHversusHARMOHINDER SINGH PRADHAN

1999 INSC 2276 May 1999Dismissed

In the 1997 Punjab Legislative Assembly election, Ranjit Singh (appellant) lost to Harmohinder Singh Pradhan (respondent). Singh filed an election petition alleging that Pradhan was disqualified under Section 9‑A of the Representation of People Act, 1951 because he held a subsisting contract for the sale of liquor with

STEEMAN LTD.versusSTATE OF HIMACHAL PRADESH

1997 INSC 2366 March 1997Dismissed

The petitioners, Steeman Ltd., were contracted to construct the Sitla Bridge in Himachal Pradesh. Disputes over progress and payments led to the imposition of a penalty and rescission of the contract, which the petitioners successfully appealed, allowing work to continue and the matter to be referred to arbitration. Af

VETERINARY COUNCIL OF INDIAversusNDIAN COUNCIL OF AGRICULTURAL RESEARCH

2000 INSC 46 January 2000Appeal(s) allowed

The Veterinary Council of India (VCI) framed Regulation 5(8) under the Veterinary Council Act, 1984, authorising it to conduct an All India Common Entrance Examination to fill 15% of seats in veterinary colleges. The Indian Council of Agricultural Research (ICAR) also claimed the right to conduct the test and advertise

HASANALI WALIMCHAND (DEAD) BY L.RS.versusSTATE OF MAHARASHTRA

1998 INSC 26 January 1998Disposed off

The State of Maharashtra acquired 14 acres 9 gunthas of land in Kedgaon, Ahmednagar, for public purposes. The Collector initially awarded compensation of Rs 49,301, which the claimants contested, leading to a reference under Section 18 of the Land Acquisition Act, 1894. The reference court fixed a higher compensation o

D.P. CHADHAversusTRIYUGL NARAIN MISHRA AND ORS.

2000 INSC 5695 December 2000Case Partly allowed

The appellant, advocate D.P. Chadha, was engaged by his client, Triyugi Narain Mishra, to defend an ejectment suit. While the client was away, Chadha used a blank vakalatnama and blank paper signed by the client to fabricate a compromise petition and a receipt, causing a decree for eviction without the client’s knowled

BRIJ BHUSHANversusKEWAL KUMAR

1998 INSC 2885 August 1998Dismissed

The tenant, Brij Bhushan, applied to the Rent Controller under Section 6A of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to deposit rent because the landlord, Kewal Kumar, refused to accept rent and give a receipt. The tenant deposited Rs. 7,500 covering rent from 12‑Feb‑1987 to 11‑May‑1988. The landlor

V. RADHAKRISHNANversusS.N. LOGANATHA MUDALIAR

1998 INSC 2895 August 1998Dismissed

The tenant, V. Radhakrishnan, occupied a non‑residential building owned by S.N. Loganatha Mudaliar, who filed an eviction petition on the grounds of alleged rent default and a bonafide personal requirement to set up his son’s business. The Rent Controller dismissed the petition, finding no default and no bonafide requi

BHAGWAN SHUKLA S/O SH. SARABJIT SHUKLAversusUNION OF INDIA AND ORS.

1994 INSC 2995 August 1994Disposed off

The appellant, a railway employee promoted to Guard, had his basic pay fixed at Rs.190 per month in 1970. In July 1991 the Railway administration issued an order reducing his basic pay to Rs.181 per month, retrospectively effective from 18 December 1970, without issuing a show‑cause notice or granting a hearing. The ap

SUBRAN AND ORS.versusSTATE OF KERALA

1993 INSC 2555 August 1993Modified

The Supreme Court reviewed its earlier judgment in Subran and others v. State of Kerala after noting that paragraph 11 could be misinterpreted as a general statement of law. The case involved four appellants, including Subran, who were convicted of murder under Section 302 of the IPC. On review, the Court held that Sub

M.R.F. LTD.versusJAGDISH LAL AND ANR.

1999 INSC 2255 May 1999Dismissed

The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required under Section 13(1)

RAM ASREYversusSTATE OF UTTAR PRADESH

1993 INSC 1835 May 1993Case Partly allowed

The appellant Ram Asrey, along with Munni Lal and the now‑deceased Radhey Shyam, were charged with the murder of Gokaran Prasad on 24 November 1975. The trial court acquitted them for lack of proof, but the Allahabad High Court convicted Asrey and Munni Lal under Section 302 read with Section 34 IPC, sentencing them to

SHAHABUDDIN ABDUL KAHLIK SHAIKHversusSTATE OF GUJARAT

1995 INSC 2505 April 1995Appeal(s) allowed

Shahabuddin Shaikh was convicted under IPC Section 302 read with Section 34 and TADA Section 3 for the murder of Manoharbhai, based solely on the testimony of the victim's brother (PW‑2). PW‑2 gave materially contradictory statements about the place from which he observed the incident, the role of the accused, and the

SURINDER PAL JAINversusDELHI ADMINISTRATION

1993 INSC 825 March 1993Appeal(s) allowed

Surinder Pal Jain was charged with murdering his wife, Usha Jain, with the prosecution relying solely on circumstantial evidence such as a neighbor's call, dogs of a dog squad pointing to the accused, alleged injuries on the accused, and a purported disclosure statement leading to the recovery of the victim's ornaments

HARSH PRATAP SISODIAversusUNION OF INDIA AND ORS.

1999 INSC 435 February 1999Case Allowed

Harsh Pratap Sisodia passed his intermediate examination without biology and later cleared biology, subsequently qualifying the All India Pre‑Medical/Pre‑Dental Entrance Examination conducted by CBSE. He was allotted a seat in an MBBS programme under the 15% All India Quota, but the Dean of Dr. V.M. Medical College, So

DR. VIJAY LAXMI SADHOversusJAGDISH

2001 INSC 95 January 2001Dismissed

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected and the defeated respondent filed an election petition alleging corrupt practices. The petition and its supporting affidavit were drafted in Hindi, contrary to the High Court Rule requiring English, and the affidavit was not in

BHURA AND ORS.versusKASHIRAM

1994 INSC 35 January 1994

Pancham executed a 1907 will bequeathing certain sir lands and a house to his daughter Sarjabai. The will's language was held to create only a life interest for Sarjabai, not an absolute estate. After Pancham's death Sarjabai transferred the property by gift deed to several defendants, but the adopted son’s heir, Kashi

SRI RAMENDRA KISHORE BISWASversusTHE STATE OF TRIPURA AND ORS.

1998 INSC 4604 December 1998Appeal(s) allowed

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the High Court, which he

JIVAN LAL AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 14364 December 1996Dismissed

Thirteen persons were tried for the murder of Mohan Lal on 11 June 1984. The trial court convicted eleven, acquitting two; the High Court later acquitted eight of the convicted and upheld the conviction of three appellants under sections 148 and 302/149 IPC. The appellants challenged the reliance on the sole eye‑witnes

BALKRISHNA RAMCHANDRA KADAMversusSANGEETA BALKRISHNA KADAM

1997 INSC 6414 September 1997Disposed off

The husband and wife married and later the wife sought judicial separation, maintenance and relief under Section 27 of the Hindu Marriage Act for jewellery and other property she claimed were given at or about the time of marriage. The husband filed for divorce on grounds of cruelty, which was eventually granted, while

KANHAIYA LAL SETHIA AND ANR.versusUNION OF INDIA AND ANR.

1997 INSC 5934 August 1997Dismissed

The petitioners filed a public interest writ under Article 32 seeking a direction to the Union of India to introduce a Bill in Parliament to include the Rajasthani language in the Eighth Schedule, or alternatively to strike down the 71st Amendment (1992) that added Manipuri, Konkani and Nepali, alleging it violated the

RAMESH KUMARversusSTATE OF BIHAR AND ORS.

1993 INSC 2534 August 1993Case Partly allowed

In 1970 Harbansh Narain Lal Das was attacked, tied with a rope and dragged by three accused who also seized his pistol. The trial court convicted them of murder under Section 302/34 IPC and sentenced each to life imprisonment. The Patna High Court altered the conviction to culpable homicide not amounting to murder unde

STATE OF KARNATAKAversusMAN JANNA

2000 INSC 2834 May 2000Appeal(s) allowed

The State of Karnataka prosecuted Manjan for raping a girl who was 15 years old at the time of the offence. The trial court convicted him based on the victim’s testimony, corroborative eyewitness accounts, medical findings of injuries and seminal stains on the victim’s clothing, and the victim’s stated date of birth. T

LAL MANDIversusTHE STATE OF WEST BENGAL

1995 INSC 2444 April 1995Disposed off

The appellant was convicted by a Sessions Judge for murder (Sec. 302/34 IPC) and for tampering with evidence (Sec. 201 IPC). On appeal, the Calcutta High Court dismissed the appeal without re‑examining the trial evidence, relying on the trial judge’s observation of witness demeanor. The Supreme Court held that an appel

BHERU SINGH S/0 KALYAN SINGHversusSTATE OF RAJASTHAN

1994 INSC 444 February 1994Dismissed

Bheru Singh was convicted of murdering his wife and five children. He lodged a first information report (FIR) admitting motive and describing the killings, and later gave a judicial confession under Section 164 Cr.P.C., which he later retracted. The Supreme Court examined whether the FIR could be used as evidence despi

MUKHTIAR SINGH AND ANR. ETC.versusSTATE OF PUNJAB ETC.

1995 INSC 64 January 1995Remitted to Lower Court

Eleven accused were tried before the Special Court, Ferozepur for murder and related offences under the IPC and Arms Act. The trial court convicted some and acquitted others but its judgment contained only conclusions without any discussion of evidence or reasons. Appeals were filed under Section 14 of the Terrorist Af

MOHMEDRAFIZ HUSENMIYA THAKOR AND ORS.versusSTATE OF GUJARAT

1996 INSC 14323 December 1996Appeal(s) allowed

The case involved the murder of Girishbhai, a VHP secretary, for which 63 persons were charged under Section 302 IPC and Sections 3 and 4 of the TADA Act. Nine appellants were convicted by the designated court based largely on eye‑witness identification. On appeal, the Supreme Court examined the reliability of the iden

RAJASTHAN ROAD TRANSPORT CORPORATIONversusKAILASH NATH KOTHARI AND ORS. ETC. ETC.

1997 INSC 6383 September 1997Dismissed

The Rajasthan State Road Transport Corporation (RSRTC) hired a bus from its owner, Sanjay Kumar, and operated it on a route for which it held a permit. The bus, driven by the owner's employee, was swept away over a flooded bridge, killing 23 passengers. The victims' heirs filed claims for compensation under Section 110

MAKHAN LAL BANGALversusMANAS BHUNIA AND ORS.

2001 INSC 13 January 2001Appeal(s) allowed

The respondent, a defeated candidate, filed an election petition challenging the election of the appellant to the West Bengal Legislative Assembly on grounds of corrupt practices under Sections 123(2), (4) and (7) of the Representation of the People Act, 1951. The Calcutta High Court found several persons guilty of suc

SATISH KUMAR SHARMAversusBAR COUNCIL OF HIMACHAL PRADESH

2001 INSC 23 January 2001Dismissed

Satish Kumar Sharma, a full‑time salaried law officer of the Himachal Pradesh State Electricity Board, was enrolled as an advocate in 1984. After more than a decade, the Himachal Pradesh Bar Council cancelled his enrollment, invoking Rule 49 of the Bar Council of India Rules, which bars full‑time salaried employees fro

MUNICIPAL CORPORATION OF BRIHANMUMBAI AND ANR.versusSTATE BANK OF INDIA

1998 INSC 4542 December 1998Dismissed

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially allowed it. The appella

MALKIAT SINGH AND ANR.versusJOGINDER SINGH AND ORS.

1997 INSC 7792 December 1997Appeal(s) allowed

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb 1992 without giving any

STATE OF RAJASTHANversusPRAKASH CHAND AND ORS.

1997 INSC 7762 December 1997Appeal(s) allowed

The Supreme Court allowed the State of Rajasthan's appeal against a single High Court judge, Justice Shethna, who, while hearing a criminal revision petition, improperly called for the record of a writ petition already disposed of by a Division Bench, made intemperate allegations against the Chief Justice and former ch

SMT. MEHRUNNISA AND ORS.versusSMT. VISHAM KUMAR! AND ANR.

1997 INSC 7832 December 1997Dismissed

The respondent landlady served three notices to the tenant, first claiming the premises were needed for her husband's legal practice, then for a cloth business, and finally repeating the latter before filing an eviction suit. The trial court held that the landlady's requirement for the cloth business was bona fide and

KANTA UDHARAM JAGASIAversusC.K.S. RAO

1997 INSC 7842 December 1997Appeal(s) allowed

The appellant, Kanta Udharam Jagasia, claimed ownership of a flat and, as a Scientific Officer in BARC, sought eviction of her tenant under Section 13A(l)(A)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Competent Authority granted eviction based on a certificate confirming her scientifi

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 5072 November 1999Dismissed

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he filed a representati

BAIJ NATH SHARMAversusHONBLE RAJASTHAN HIGH COURT AT JODHPUR AND ANR.

1998 INSC 3392 September 1998Dismissed

B.N. Sharma, a retired member of the Rajasthan Judicial Service, sought promotion to the Rajasthan Higher Judicial Service. After filing a writ petition that was withdrawn with liberty to re‑file, his representation was rejected by the High Court’s Full Court, prompting a second writ petition which the High Court dismi

RAMKISHAN AND OTHERSversusSTATE OF RAJASTHAN

1997 INSC 6362 September 1997Appeal(s) allowed

Ten persons attacked a bullock‑cart carrying the complainant party; one victim, Bhura, died and another, Badri, was injured. Five of the accused (the appellants) were convicted by the trial court and the High Court under Section 302 (murder) and Section 148 IPC. On appeal, the Supreme Court examined whether the appella

DHANANJAY SHARMAversusSTATE OF HARYANA AND ORS.

1995 INSC 3342 May 1995Disposed off

The Supreme Court entertained a writ of habeas corpus filed by Dhananjay Sharma alleging illegal detention by Haryana police on 15‑1‑1994. The police officials (SSP Anil Davra, Addl SP Sham Lal Goel and SHO Rajinder Singh) denied the allegations and filed false affidavits, while also pressurising the taxi driver Sushi 

PREM KUMAR AND ANR.versusSTATE OF BIHAR

1995 INSC 1582 March 1995Dismissed

The case concerns the murder of Tarkeshwar Prasad Singh on 13 January 1983, when accused Prem Kumar (Accused No.1) and Ramesh Singh (Accused No.2) entered a bus and fired rifles at the victim, killing him instantly. The trial court convicted the two accused under Section 302 IPC and also under Section 307 IPC; the High

ARJUN MARIK AND ORS.versusSTATE OF BIHAR

1994 INSC 1002 March 1994Appeal(s) allowed

The appellants Arjun Marik, Mulo Marik and Bansi Marik were convicted of murdering Sitaram, his wife and granddaughter and of robbery, and sentenced to death under IPC sections 302, 394 and 411. The Supreme Court re‑examined the circumstantial evidence, finding no reliable motive, inconsistencies in the prosecution’s n

HARENDRA NATH MANDALversusSTATE OF BIHAR

1993 INSC 732 March 1993Appeal(s) allowed

The appellant, Harendra Nath Manda, was involved in a dispute over harvesting paddy crops with the complainant and his brother. During the confrontation the appellant allegedly struck the brother with a stick, but the victim survived. The Sessions Court convicted the appellant under section 307 read with section 34 (at

L.R. SHIVARAMAGOWDA ETC.versusT.M. CHANDRASHEKAR (D) BY LRS. AND ORS.

1998 INSC 4471 December 1998Disposed off

The Supreme Court examined two civil appeals arising from an election petition that sought to void the election of L.R. Shivaramagowda on grounds of alleged corrupt practices under the Representation of the People Act, 1951. The petition alleged that the returned candidate had failed to file true and correct accounts o

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 4481 December 1998Directions issued

The writ petition filed by environmental activist M.C. Mehta in 1985 sought proper management and control of traffic in the National Capital Region and Delhi, highlighting vehicular pollution and chaotic traffic conditions that endangered public safety. The Supreme Court observed that the executive is primarily respons

LACHMAN DAS ARORAversusGANESHI LAL AND ORS

1999 INSC 3731 September 1999Dismissed

The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The 45‑day period expired du

MOHD. ALIversusAZAD MOHD.

1999 INSC 3741 September 1999Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not "closed" for electio

MOHAN SINGHversusLATE AMAR SINGH THROUGH THE LRS.

1998 INSC 3351 September 1998Dismissed

The tenant, Mohan Singh, obtained two successive permissions for a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the second limited period expired, the landlord sought possession and the tenant alleged that the second permission was procured by fraud and that he was absent from the court o

SHEEL CHANDversusPRAKASH CHAND

1998 INSC 3361 September 1998Case Allowed

The landlord filed an eviction suit against the tenant claiming a bona‑fide personal need for the premises to start a general‑store business. The trial court, after evaluating evidence, held that the landlord's need was not genuine and dismissed the suit; the appellate court affirmed this finding. The landlord then fil

STATE ROAD TRANSPORT CORPORATIONversusREGIONAL TRANSPORT AUTHORITY AND ORS. ETC.

1998 INSC 3371 September 1998Disposed off

The U.P. State Road Transport Corporation sought permits for routes covered by an exclusive scheme and was told by the Regional Transport Authority that, under Section 58(2)(a) of the Motor Vehicles Act, 1939, the permits had to be renewed every three years. The corporation challenged this, arguing that Rule 10(4) of t

MUNICIPAL CORPORATION OF DELHIversusLICHHO DEVI AND ORS.

1997 INSC 6301 September 1997Disposed off

The Municipal Corporation of Delhi appealed against a Delhi High Court order that declared the acquisition notification of two Khasra numbers void because the award under Section 11-A of the Land Acquisition Act, 1894 was not made within the statutory two‑year period. The High Court had held that a stay order dated 25‑

GADNIS BHAWANI SHANKARversusFALEIRO EDUARDO MARTINHO

2000 INSC 3651 August 2000Dismissed

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a corrupt practice und

SHRI DILIP K. BASU ETC.versusSTATE OF WEST BENGAL AND ORS.

1997 INSC 5881 August 1997Disposed off

The Supreme Court, recalling its earlier D.K. Basu judgment which laid down eleven procedural safeguards to prevent custodial violence, noted that more than seven months had passed without evidence of implementation. On petitions filed by Dr. A.M. Singhvi, the Court directed the Director General of Police and Home Secr

STATE OF HIMACHAL PRADESHversusGIAN CHAND

2001 INSC 2351 May 2001Appeal(s) allowed

The State of Himachal Pradesh prosecuted Gian Chand for raping a 5‑year‑old girl, a distant relative, on 29 October 1991. The trial court convicted him under Section 376 IPC, sentencing him to ten years' imprisonment and a fine. The Himachal Pradesh High Court set aside the conviction, relying on alleged delay in filin

M/S SIKKIM SUBBA ASSOCIATESversusSTATE OF SIKKIM

2001 INSC 2361 May 2001Disposed off

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award under Section 30 of the

GAJRAJ SINGH AND ORS.versusSTATE OF U.P. AND ORS.

2001 INSC 2381 May 2001Disposed off

The Supreme Court examined the validity of a draft scheme under the Motor Vehicles Acts (1939 and 1988) to nationalise 39 road‑transport routes in Uttar Pradesh, of which 38 routes were distinct from the Saharanpur‑Shahdra‑Delhi route previously dealt with in Ram Krishna Verma. The Court held that the statutory right t

BALWANT SINGH AND ANRversusSTATE OF PUNJAB

1995 INSC 1511 March 1995Appeal(s) allowed

Balwant Singh and Bhupinder Singh, two government employees, were arrested in Chandigarh on 31 October 1984 for shouting slogans such as "Khalistan Zindabad" and "Raj Karega Khalsa" on the day Prime Minister Indira Gandhi was assassinated. They were convicted under Sections 124A (sedition) and 153A (promoting enmity) o

RAMPAL PITHWAS RAHIDASS AND ORS.versus'STATE OF MAHARASHTRA ETC.

1994 INSC 951 March 1994Appeal(s) allowed

The case concerned a dacoity‑cummurder on a highway in July 1984 for which eight persons were convicted, largely on the testimony of an approver, Ramcharan, who had been arrested under suspicious circumstances and later granted pardon. The Supreme Court examined the legality of his arrest, the timing of his pardon, and

ABDUL RASHID IBRAHIM MANSLJRIversusSTATE OF GUJARAT

2000 INSC 411 February 2000Appeal(s) allowed

Abdul Rashid Ibrahim Mansuri, an auto‑rickshaw driver, was arrested after police stopped his vehicle and found four gunny bags containing charas. The police officer who ordered the stop relied on verbal information and neither recorded it in writing nor forwarded it to his superior as required by Section 42(1) of the N

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