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381 judgments · newest first · showing 201–381

H.M. KELOGIRAO AND ORS., ETCversusGOVERNMENT OF A.P. AND ORS.

1997 INSC 670Dismissed

The Government of Andhra Pradesh, at the request of the State Road Transport Corporation, acquired 9.87 cents of land in Anantapur for a bus stand under the Land Acquisition Act, 1894, publishing a Section 4(1) notification and invoking emergency provisions. Earlier writ petitions had quashed the …

P.K. RAMACHANDRANversusSTATE OF KERALA AND ANR.

1997 INSC 665Dismissed

The State of Kerala filed a Miscellaneous First Appeal against a Sub‑Court decree in an arbitration matter, but the appeal was filed 565 days after the limitation period expired. The High Court, despite the respondent’s strong opposition, condoned the delay without recording any satisfaction that …

C. SAMPATH KUMARversusTHE ENFORCEMENT OFFICER, ENFORCEMENT DIRECTORATE, MADRAS

1997 INSC 659Dismissed

The appellant was served a summons under Section 40 of the Foreign Exchange Regulation Act, 1973, requiring him to appear before the Enforcement Officer and give a written, signed statement. He challenged the summons, contending that he could not be compelled to provide a written statement, alleging …

UNION PUBLIC SERVICE COMMISSIONversusS. PAPAIAH AND ORS.

1997 INSC 650Appeal(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 …

T.DEEN DAYALversusTHE HIGH COURT OF ANDHRA PRADESH

1997 INSC 647Dismissed

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 …

LIEWELLYN FURTADO AND ORS.versusGOVERNMENT OF GOA AND ORS.

1997 INSC 649Appeal(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 …

BALKRISHNA RAMCHANDRA KADAMversusSANGEETA BALKRISHNA KADAM

1997 INSC 641Disposed 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 …

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

1997 INSC 638Dismissed

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 …

RAMKISHAN AND OTHERSversusSTATE OF RAJASTHAN

1997 INSC 636Appeal(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 …

MUNICIPAL CORPORATION OF DELHIversusLICHHO DEVI AND ORS.

1997 INSC 630Disposed 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 …

R. KANDASAMYversusTHE CHIEF ENGINEER, MADRAS PORT TRUST

1997 INSC 617Appeal(s) allowed

R. Kandasamy applied for a Mazdoor position in the Madras Port Trust and submitted a Community Certificate issued by the Tehsildar in 1987. The Trust rejected the certificate, insisting on a newer one from the Revenue Divisional Officer, citing G.O. No. 2137 dated 11‑Nov‑1989 which mandated …

BILAL AHMAD KALOOversusSTATE OF ANDHRA PRADESH

1997 INSC 598Appeal(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 …

RAMBHAI NATH BHAI GANDHVI AND ORS.versusSTATE OF GUJARAT

1997 INSC 600Case 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, …

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

1997 INSC 593Dismissed

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, …

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

1997 INSC 588Disposed 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 …

NOORSABA KHATOONversusMOHAD. QUASIM

1997 INSC 580Appeal(s) allowed

Noorsaba Khatoon, a Muslim woman, filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance for herself and her three minor children after being deserted by her husband, Mohd. Quasim, who later divorced her and took a second wife. The trial court ordered …

AJIT PRASAD GUPTAversusSTATE OF U.P. AND ORS.

[1997] SUPP. 2 S.C.R. 258Dismissed

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 …

KSHITISH CHANDRA PURKAITversusSANTOSH KUMAR PURKAIT

1997 INSC 487Appeal(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 …

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

1997 INSC 409Leave 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 …

KULDIP CHANDversusSTATE OF H.P. AND ORS.

1997 INSC 410Leave 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 …

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

1997 INSC 269Dismissed

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, …

STEEMAN LTD.versusSTATE OF HIMACHAL PRADESH

1997 INSC 236Dismissed

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 …

STATE OF HARYANAversusGHASEETA RAM

1997 INSC 205Dismissed

Ghaseta Ram, a life‑imprisoned prisoner, participated in an unlawful assembly to escape from jail and assaulted a jail warden. He was tried and convicted by the Sessions Court and sentenced to several terms under the IPC. Earlier, the Superintendent of the District Jail, invoking para 633‑A of the …

PANCHUGOPAL BARUA AND ORS.versusUMESH CHANDRA GOSWAMI AND ORS.

1997 INSC 138Appeal(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 …

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

1997 INSC 125Appeal(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 …

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

1997 INSC 126Dismissed

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 …

MIS. FABRIL GASOSAversusLABOUR COMMISSIONER AND ORS.

1997 INSC 80Dismissed

M/s. FabriL Gasosa entered into a written settlement with the employees' union in 1986 providing for Variable Dearness Allowance (VDA). The union later gave notice of termination and issued a fresh charter of demands, but did not alter the VDA rate. The employer unilaterally froze VDA and claimed an …

BRAHMDEO CHAUDHARYversusRISHIKESH PRASAD JAISWAL AND ANR.

1997 INSC 49Appeal(s) allowed

The appellant, Brahmdeo Chaudhary, a stranger to a decree for eviction in favour of respondent No.1, resisted the execution of a warrant for possession against respondent No.2. The decree‑holder applied for a warrant with police assistance; the appellant filed an application before the executing …

CENTRAL BUREAU OF INVESTIGATIONversusSUBODH KUMAR DUTTA AND ANR.

1997 INSC 35Disposed off

The Central Bureau of Investigation (CBI) filed a charge sheet against Subodh Kumar Dutta under the Prevention of Corruption Act, 1947 for allegedly accepting a bribe of Rs. 700. A Special Judge, appointed under the West Bengal Special Courts Act, 1949, took cognizance of the offence on 9 July 1988. …

STATE OF RAJASTHANversusBHUP RAM

1997 INSC 16

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 …

STATE OF RAIASTHANversusANI @ HANIF AND ORS.

1997 INSC 17Appeal(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 …

NATHUNI YADAV AND ORSversusSTATE OF BIHAR AND ANR

1996 INSC 1529Dismissed

The appellants were convicted of murder for a shooting that occurred on an open terrace on a moonless night, where the victims and neighbours identified them as the assailants. The defence argued that darkness made identification impossible and that there was no discernible motive. The Supreme Court …

NET RAJ SINGHversusSTATE OF M.P.

1996 INSC 1515Appeal(s) allowed

The appellant Netraj was arrested after a silver todal, allegedly stolen during a dacoity that also involved the murder of a woman, was recovered from him two days after the incident. He was convicted under Section 396 of the Indian Penal Code for dacoity with murder and sentenced to death, later …

RATTAN SINGHversusSTATE OF HIMACHAL PRADESH

1996 INSC 1467Dismissed

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 …

JIVAN LAL AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1436Dismissed

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 …

MOHMEDRAFIZ HUSENMIYA THAKOR AND ORS.versusSTATE OF GUJARAT

1996 INSC 1432Appeal(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 …

GAJANANversusSTATE OF MAHARASHTRA

1996 INSC 1358Appeal(s) allowed

Gajanan and his co-accused were tried for murder under IPC sections 302 and 34 for the death of Suryabhan on 10 September 1984. The trial court acquitted them, finding that the alleged eye‑witnesses had not actually seen the assault, their testimony conflicted with the medical report, and the …

STATE OF ANDHRA PRADESHversusGANGULA SATYA MURTHY

1996 INSC 1340Appeal(s) allowed

The State of Andhra Pradesh prosecuted Gangula Satya Murthy for raping and throttling to death a 16‑year‑old girl, Satya Vani, whose body was found on a cot in his house. The trial court convicted him under IPC sections 302 and 376, relying on medical evidence of ante‑mortem neck injuries, a fresh …

ASHOK YADAV AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1341Appeal(s) allowed

The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim …

M/S BENGAL WATERPROOF LIMITEDversusMIS BOMBAY WATERPROOF MANUFACTURING CO. AND ANR.

1996 INSC 1321Appeal(s) allowed

Bengal Waterproof Ltd., holder of the registered trademark ‘Duck Back’, sued Bombay Waterproof Manufacturing Co. for infringement and passing off. The first suit (1980) was dismissed, and a second suit (1982) was filed alleging continuous infringement after the first suit. The trial court and High …

SEWA KAURversusSTATE OF PUNJAB

1996 INSC 1307Dismissed

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 …

BINAY KUMAR SINGHversusTHE STATE OF BIHAR

1996 INSC 1260Dismissed

The case arose from a 1980 massacre in Paras Bigha, Bihar, where 13 people were killed and many injured. The appellants were convicted under Sections 302 and 149 of the IPC for participation in an unlawful assembly. They challenged the conviction on several grounds, including that the FIR should …

STATE OF KERALAversusSASI

1996 INSC 1264Appeal(s) allowed

On 2 November 1990 the respondent struck the deceased on the head with a bamboo stick, causing severe skull fractures and brain injury. The deceased died eleven days later in hospital. The trial court convicted the respondent for murder under Section 302 of the Indian Penal Code and sentenced him to …

STATE OF MADHYA PRADESHversusDR. KRISHNA CHANDRA SAKSENA

1996 INSC 1185Appeal(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 …

K. BASAVARAJAPPAversusTAX RECOVERY COMMISSIONER, BANGALORE AND OTHERS

1996 INSC 1187Dismissed

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 …

KARAN SINGHversusSTATE (DELHI ADMN.)

1996 INSC 1176Dismissed

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 …

RITA MARKANDEYversusSURJIT SINGH ARORA

1996 INSC 1122Disposed off

In a rent‑control dispute, the Supreme Court dismissed the respondent's appeal and granted him time until 31 March 1995 to vacate the suit premises, subject to filing an undertaking. The respondent neither filed the undertaking nor vacated the premises, and filed false affidavits claiming he had …

PARAMJIT AND ANR.versusSTATE OF HARYANA

1996 INSC 1117Dismissed

Paramjit and Inderjit assaulted Rambhaj after he reprimanded Paramjit for indecent remarks, inflicting fatal knife wounds. The victim gave a dying declaration describing the assault, which was corroborated by an eyewitness (PW5) and medical evidence showing the injuries were sufficient to cause …

BANDLAMUDDI ATCHUTA RAMAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

1996 INSC 1119Appeal(s) allowed

The case arose from a brawl on 1‑2 July 1988 between Sambasiva Rao (second accused) and Suryanarayana Rao (PW‑1) over a dog. The next night Sambasiva Rao, his father (first accused) and a relative (third accused) went to PW‑1’s house, assaulted PW‑1, his wife and others. The deceased, Srinivasa Rao, …

BALBIR SINGHversusSTATE

1996 INSC 1121Case Partly allowed

Balbir Singh was arrested in a notified area while in possession of an unauthorised rifle (bearing No. 516275) and 161 live cartridges. He was convicted under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to eight years’ rigorous imprisonment. On appeal he …

PERIASAMI AND ANR.versusSTATE OF TAMIL NADU

1996 INSC 1110Disposed off

The deceased Ranganathan was allegedly attacked by the appellants Periasami and Ramaswamy with a billhook, spear and lathi, leading to his death. Eye‑witnesses PW‑1 and PW‑2 identified the appellants, while the FIR was lodged after a delay and the inquest report contained an erroneous time of death. …

GENTELA VIJAYAVARDHAN RAO AND ANR.versusSTATE OF ANDHRA PRADESH

1996 INSC 954Dismissed

The appellants, G. Vijayavardhan Rao and another, were convicted of setting fire to a passenger bus, killing 23 people and injuring many, with the motive of robbery. They poured petrol into the bus, ignited it, and robbed passengers of cash, a wristwatch and clothing, as evidenced by recovered items …

MAHESHversusSTATE OF MADHYA PRADESH

1996 INSC 956Disposed off

Mahesh was charged with the murder of Krishna Kumar after a dispute over grazing cattle in a field. The deceased and two other labourers asked Mahesh to remove his cattle, leading to an altercation in which Mahesh struck Krishna Kumar once on the head with a pharsa, causing instant death. The trial …

ABDUL FAZAL SIDDIQUIversusFATEHCHAND HIRAWAT AND ANR.

1996 INSC 908Appeal(s) allowed

The appellant was charged with cheating for allegedly making false representations that a business, Calcutta Cafe, was free of encumbrances, leading the complainant to advance a loan of Rs.30,000. The trial court convicted him under Section 420 read with Section 34 of the IPC, a decision upheld by …

NIRMAL SINGH ETCversusSTATE OF HARYANA

1996 INSC 898Disposed off

The murder case arising from FIR No. 89 dated 16 July 1994 was investigated by the CBI, which charged fourteen persons including Nirmal Singh. After being denied bail repeatedly, the Sessions Judge, Ambala, granted interim bail on 11 May 1996 without the prosecution present. The High Court stayed …

DR.BUDHIKOTASUBBARAOversusMR. K. PARASARAN AND ORS.

1996 INSC 873Dismissed

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 …

STATE OF PUNJABversusKESAR SINGH

1996 INSC 764

Kesar Singh was convicted of murder under Sections 302 and 34 of the IPC and sentenced to life imprisonment on 28 May 1987. After serving a little over eight years, he filed a petition under Section 482 of the CrPC in the Punjab & Haryana High Court seeking premature release. The High Court …

S.R. BHANRALEversusUNION OF INDIA AND ORS.

1996 INSC 759Disposed off

S.R. Bhanrale, an employee of the Department of Telecommunications, retired in July 1984 and claimed his pension, death-cum-retirement gratuity, G.P.F., encashment of earned leave, increment arrears, special pay and other retirement benefits. The Union of India failed to pay these dues within the …

STATE OF KARNATAKA AND ORS.versusV.B. HIREGOWDAR

1996 INSC 760Appeal(s) allowed

V.B. Hegowdar, a government employee in Karnataka's Department of Child Development, was found guilty of irregularities in fund release and was reduced in rank on 10 April 1990. He challenged the punishment before the Karnataka Administrative Tribunal, which initially upheld the order but later, on …

ALIL MOLLAH AND ANR.versusSTATE OF WEST BENGAL

1996 INSC 752Appeal(s) allowed

The appellants were convicted for the murder of Elem Bux Molla under Sections 302 and 34 of the IPC, based solely on the testimony of a single eye‑witness, PW‑3, who was an employee of the deceased. The Supreme Court examined the witness's conduct, noting that he delayed reporting the incident, gave …

S. GOPAL REDDYversusSTATE OF ANDHRA PRADESH

1996 INSC 727Appeal(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 …

SECRETARY TO GOVERNMENT OF KARNATAKAversusV. HARISHBABU

1996 INSC 710Appeal(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 …

DHANNA ETC.versusSTATE OF MADHYA PRADESH

1996 INSC 695Dismissed

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 …

STATE OF JAMMU AND KASHMIRversusSHAM LAL AND ORS.

1996 INSC 678Appeal(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 …

NAMAD HASSAN BHAGAD AND ORS.versusSTATE OFGUJARAT AND ORS.

1996 INSC 661Disposed 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 …

P.S. RAJYAversusTHE STATE OF BIHAR

1996 INSC 663

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, …

MAJOR R.S. BUDHWARversusUNION OF INDIA AND ORS.

1996 INSC 648Appeal(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 …

KIRTIKANT D. VADODARIAversusSTATE OF GUJARAT AND ANR.

1996 INSC 585Appeal(s) allowed

The appellant, Kirtikant Vadodaria, challenged a maintenance order granted to his step‑mother, Manjulaben, under Section 125(1)(d) of the Criminal Procedure Code. The trial court, sessions court and Gujarat High Court had held that a step‑mother could claim maintenance from her step‑son. The Supreme …

FAUJA SINGHversusJASPAL KAUR

1996 INSC 561Appeal(s) allowed

The appellant, Fauja Singh, contested the attachment of his residential house in an execution proceeding, invoking Section 60(c) of the Code of Civil Procedure which renders a residential house non‑attachable. The executing court ignored the plea, and the Punjab & Haryana High Court dismissed the …

GIRISH YADAV AND ORS. ETC.versusSTATE OF MADHYA PRADESH

1996 INSC 460Dismissed

The accused were convicted of murder under Sections 302, 148 and 149 of the IPC for chasing and assaulting the deceased, an act witnessed by three eye‑witnesses. The appellants challenged the conviction on several grounds, chiefly that the First Information Report (FIR) was not promptly lodged, that …

TAHIRversusSTATE (DELHI)

1996 INSC 420Dismissed

The appellant, Tahir, was arrested during a communal riot in Delhi while brandishing a country‑made pistol. The pistol was seized, and because the arrest occurred in an area notified under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), he was charged under section 5 of TADA …

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

1996 INSC 379Dismissed

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 …

JAGDJSH NARAIN AND ANR.versusSTATE OF U.P.

1996 INSC 363Dismissed

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 …

ATTIQ-UR-REHMANversusMUNICIPAL CORPORATION OF DELHI AND ANR.

1996 INSC 336Dismissed

Attiq‑ur‑Rehman filed a civil suit to restrain the Municipal Corporation of Delhi from demolishing alleged unauthorised construction on his property. The corporation later lodged a criminal complaint under sections 332 and 461 of the Delhi Municipal Corporation Act in the Court of a Metropolitan …

UMASHANKAR PANDAversusSTATE OF MADHYA PRADESH

1996 INSC 331

Umashankar Panda was convicted under IPC sections 302 and 307 for murdering his wife and two daughters with a sword and attempting to murder his three other children, who survived with grievous injuries. The trial court sentenced him to death, a judgment affirmed by the Madhya Pradesh High Court. In …

ANIL @ ANDYA SADASHIV NANDOSKARversusSTATE OF MAHARASHTRA

1996 INSC 278Dismissed

The appellant was seized at a hotel in a notified area under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) after police, acting on prior information, recovered a country‑made revolver with two live cartridges and cash. The seized items were sealed, placed in safe custody and, …

HUSNA AND ORS.versusSTATE OF PUNJAB

1996 INSC 119Case Partly allowed

The case involved three brothers—Husna, Rupa and Jalour Singh—accused of house trespass, murder of Salish Kumar and illegal possession of arms. The FIR did not name the accused; they were later identified in a supplementary statement recorded by police during investigation. The Supreme Court held …

HARBANS LALversusSTATE OF PUNJAB

1996 INSC 120Appeal(s) allowed

Harbans Lal was convicted for the murder of his wife Punni Devi, who died from burns, along with his two sons. The trial court sentenced all three to life imprisonment; the High Court acquitted the sons but upheld the husband's conviction. On appeal, the Supreme Court examined the prosecution's …

DIRECTOR OF ENFORCEMENTversusM/S M.C.T.M. CORPORATION PVT. LTD. AND ORS.

1996 INSC 100Appeal(s) allowed

The Directorate of Enforcement prosecuted M.C.T.M. Corp. Ltd. and its directors for failing to repatriate foreign exchange held in Malaysia for over fifteen years, alleging contravention of Section 10(1)(a) of the Foreign Exchange Regulation Act, 1947 (FERA) and imposing penalties under Section …

THE STATE OF PUNJABversusGURMIT SINGH ANR ORS.

1996 INSC 75Appeal(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 …

MUKHTIAR SINGH AND ORS .versusSTATE OF PUNJAB

1995 INSC 819Appeal(s) allowed

The Special Court convicted Mukhtar Singh and several relatives under IPC sections 302 and 201 for the death of Pritam Kaur, relying mainly on the testimony of the deceased's cousin (PW‑3) and alleged extra‑judicial confessions. The Supreme Court examined the reliability of PW‑3, noting his failure …

THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARDversusRAMESH KUMAR SINGH AND ORS.

1995 INSC 769Appeal(s) allowed

The Bihar State Housing Board allotted a quarter to respondent No.4 on a hire‑purchase basis, making the allottee a tenant until the final instalment is paid. Respondent No.1 forcibly occupied the first floor, prompting respondent No.4 to complain to the Sub‑Divisional Magistrate (respondent No.3), …

SUDHIR BROTHERSversusDELHI DEVELOPMENT AUTHORITY AND ANR.

1995 INSC 745Appeal(s) allowed

The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum …

DEVINDERPAL SINGHversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI

1995 INSC 730Disposed 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, …

BALWINDER SINGHversusSTATE OF PUNJAB

1995 INSC 704Appeal(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 …

BALDEV SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 622Disposed 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 …

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

1995 INSC 616Disposed 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 …

BONKY @ BHARAT SHIVAJI MANE AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 605Case Partly allowed

The appellants were convicted by a Designated Court for murder, attempt to murder, causing hurt and an offence under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) arising from an altercation at a video parlour that led to a fatal assault near a hotel. On appeal, the …

STATE OF ANDHRA PRADESHversusBODEM SUNDARA RAO

1995 INSC 595Appeal(s) allowed

The respondent, Bode​m Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. …

SMT. MUKUL RANI V ARSHNEI AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ANR.

1995 INSC 583Appeal(s) allowed

The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the …

GAJANAN KRISHNAJI BAPAT AND ANOTHERversusDATTAJI RAGHOBAJI MEGHE AND OTHERS

1995 INSC 404Dismissed

The Supreme Court examined an election petition challenging the Lok Sabha election of Datta Raghobaji Meghe on allegations that he exceeded the permissible election‑expenditure limit and committed corrupt practices. The Court reiterated that the right to elect and be elected is a statutory right …

RAJINDER AND ORS.versusSTATE OF HARYANA

1995 INSC 395Dismissed

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 …

CHAND KHAN & ANR.versusSTATE OF UTTAR PRADESH

1995 INSC 389Dismissed

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 …

LACHHMAN DASversusSANTOKH SINGH

1995 INSC 377Appeal(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 …

STATE OF JAMMU AND KASHMIRversusSUDERSHAN CHAKKAR AND ANR.

1995 INSC 365Appeal(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 …

INDER SINGHversusSTATE OF PUNJAB AND ORS.

1995 INSC 360Disposed 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 …

STATE OF MADHYA PRADESHversusSHYAMSUNDER TRIVEDI AND ORS.

1995 INSC 355Appeal(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 …

DHANANJAY SHARMAversusSTATE OF HARYANA AND ORS.

1995 INSC 334Disposed 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 …

BURN STANDARD CO. LTD. AND ORS.versusSH. DINABANDHU MAJUMDAR AND ANR.

1995 INSC 290Appeal(s) allowed

The respondent, a government employee, had his date of birth recorded as 25‑04‑1931 based on his declaration at appointment, which was accepted and authenticated by the employer. After 36 years of service and close to retirement, he sought to change his date of birth to 07‑07‑1934, relying on a …

SHAHABUDDIN ABDUL KAHLIK SHAIKHversusSTATE OF GUJARAT

1995 INSC 250Appeal(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 …

LAL MANDIversusTHE STATE OF WEST BENGAL

1995 INSC 244Disposed 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 …

SUKHWANT SINGHversusSTATE OF PUNJAB

1995 INSC 225Appeal(s) allowed

The appellant was convicted of murder under S.302 IPC for the killing of Ajmer Singh. The prosecution’s case rested on the testimony of the deceased’s elder brother (PW3), who was the sole eye‑witness examined in chief, while two other eye‑witnesses (PW4 and PW5) were tendered only for …

RANBIR YADAVversusSTATE OF BIHAR

1995 INSC 193Dismissed

The case involved three Yadav appellants convicted for rioting, arson and murder during communal violence in Bihar in 1985. The appellants challenged the High Court’s transfer of the trial from the 10th to the 5th Sessions Court, arguing that the transfer was beyond its jurisdiction and amounted to …

SMT. ABHILASH VINOD KUMAR JAIN ETC.versusCOX AND KINGS (INDIA) LTD. AND ORS. ETC.

1995 INSC 195Dismissed

The heirs of an employee who died while in service were prosecuted by the employer under Section 630 of the Companies Act, 1956 for refusing to vacate premises allotted to the deceased. The heirs filed petitions under Section 482 of the Cr.P.C. seeking to quash the proceedings, arguing that the …

SHEIKH ISHAQUE AND ORS.versusSTATE OF BIHAR

1995 INSC 183Dismissed

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 …

PREM KUMAR AND ANR.versusSTATE OF BIHAR

1995 INSC 158Dismissed

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 …

BALWANT SINGH AND ANRversusSTATE OF PUNJAB

1995 INSC 151Appeal(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 …

UNION OF INDIA AND ANR.versusASHOK KUMAR MITRA

1995 INSC 143Appeal(s) allowed

The respondent, a Branch Manager of Bank of India, was charged with several offences under the IPC and the Prevention of Corruption Act. He contended that, as an employee of a nationalised bank, he was not a "public servant" within the meaning of Section 21 of the IPC and therefore could not be …

INDER SINGHversusSTATE OF PUNJAB

1995 INSC 133Dismissed

Inder Singh was convicted of murder under Section 302 of the IPC for the killing of his nephew, Amar Singh. The prosecution proved that Singh, armed with a barchha, lay in wait and delivered a fatal blow to the victim's neck after a series of assaults on the victim and his family members. The …

UNION OF INDIA AND ORS.versusKANTILAL HEMATRAM PANDYA

1995 INSC 115Appeal(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, …

STATE OF TAMIL NADUversusTHIRUKKURAL PERUMAL

1995 INSC 87Appeal(s) allowed

A first information report (FIR) was lodged against the respondent alleging offences under several IPC sections. The respondent filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR. The Madras High Court quashed the FIR, relying on evidence collected by the …

UNION OF INDIAversusB.V. SAROJA AND ANR.

1995 INSC 37Appeal(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 …

SH. JAGANNATH AND ORS.versusSTATE OF UTTAR PRADESH

1995 INSC 29Appeal(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 …

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

1995 INSC 6Remitted 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 …

M.R. GOPALAKRISHNANversusTHACHADY PRABHAKARAN AND ORS.

1994 INSC 598Dismissed

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 …

SHIVAPPAversusSTATE OF KARNATAKA

1994 INSC 562Appeal(s) allowed

Shivappa was convicted of murder under Section 302 IPC solely on the basis of a confession recorded under Section 164 of the Criminal Procedure Code. The High Court upheld the conviction, holding that the confession, though later retracted, was voluntary and truthful. On appeal, the Supreme Court …

ISHVARBHAI FULJIBHAI PATNIversusSTATE OF GUJARAT

1994 INSC 547Appeal(s) allowed

Ishvarbhai Fuljibhai Patni was convicted under Section 302 IPC and sentenced to life imprisonment. He appealed to the Gujarat High Court, which dismissed his appeal in a brief, cryptic judgment that merely affirmed the conviction without discussing the evidence or the arguments raised. The Supreme …

DOLAT RAM AND ORS.versusTHE STATE OF HARYANA

1994 INSC 548Appeal(s) allowed

The case arose from FIR No. 735 (8 November 1993) alleging dowry death of Sunita, wife of Anil Kumar. The Additional Sessions Judge, Rohtak, granted anticipatory bail under Section 438 CrPC to the parents and brother of the husband, noting that they lived separately from the deceased as evidenced by …

BALBIR SINGH AND ANR.versusSTATE OF PUNJAB

1994 INSC 510Dismissed

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 …

JASWANT SINGHversusVIRENDER SINGH AND ORS.

1994 INSC 506

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, …

NISAR AND ANRversusSTATE OF U.P

1994 INSC 507Dismissed

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 …

SUBA SINGHversusSTATE OF PUNJAB

1994 INSC 508

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 …

UNION OF INDIAversusPRINCE MUFFAKAM JAH AND ORS.

1994 INSC 472

The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just …

RAM KUMARversusTHE STATE OF HARYANA

1994 INSC 454Dismissed

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 …

ALI MUSTAFFA ABDUL RAHMAN MOOSAversusSTATE OF KERALA

1994 INSC 419Appeal(s) allowed

The appellant, a Kuwaiti national, was caught at Quilon railway station with 780 grams of charas and was convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, receiving 11 years' rigorous imprisonment and a fine of Rs.1 lakh. The High Court reduced the term …

INDER SINGHversusSTATE OF PUNJAB AND ORS.

1994 INSC 392Disposed 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 …

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

1994 INSC 376Appeal(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 …

STATE OF UTTAR PRADESHversusBABUL NATH

1994 INSC 315

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 …

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

1994 INSC 299Disposed 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 …

MOHMED SALEEMLIAS CHUHO MOHMED SHAKOORversusSTATE OF GUJARAT

1994 INSC 270Disposed off

The appellant, Mohammed Saleem, was tried for assault with a knife that caused injuries to the complainant, and was charged under IPC Section 324, TADA Section 3(1), and the Bombay Police Act Section 135(1). The trial court acquitted him of the Bombay Police Act charge, but convicted him under IPC …

YOGENDRA PAL AND OTHERSversusMUNICIPALITY, BHATINDA AND ANR.

1994 INSC 261Dismissed

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. …

ARJUN AND ORS.versusSTATE OF RAJASTHAN

1994 INSC 257

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 …

SURESH CHANDRA BAHRI ETC. ETC.versusSTATE OF BIHAR

1994 INSC 246Dismissed

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 …

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

1994 INSC 237

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 …

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

1994 INSC 233

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 …

SUKHVINDER SINGH AND ORS.versusSTATE OF PUNJAB

1994 INSC 208Case 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 …

JOGINDER KUMARversusSTATE OF U.P. AND OTHERS

1994 INSC 170Disposed off

The petitioner, Joginder Kumar, a 28‑year‑old advocate, was taken into police custody in Ghaziabad on the pretext of assisting with investigations and was not produced before a magistrate for five days. His brother’s inquiries revealed that the petitioner was being held in an undisclosed location, …

ANSHAD AND ORS.versusSTATE OF KARNATAKA

1994 INSC 168

The Supreme Court examined the convictions of five accused (Al, A2, A3, A4, A5) for the murders of Savitri Devi and her grandson Sunil and related robbery. The Sessions Court had sentenced them to life imprisonment, but the Karnataka High Court enhanced the sentences of Al, A2 and A3 to death. The …

L/NK. MEHARAJ SINGH/KALUversusSTATE OF UTTAR PRADESH

1994 INSC 163

The case concerned the murder of Laxman Singh on 3 November 1977, for which Kalu, Meharaj Singh and others were charged under Section 302 IPC. The trial court acquitted all accused, finding the First Information Report (FIR) to be ante‑timed and the eyewitness testimony unreliable, especially in …

BALWANT SINGH AND ANR. ETC. ETCversusSTATE OF HARYANA

1994 INSC 124Disposed off

Balwant Singh, his brother Mahabir Singh, Lal Singh and Abhey Singh were convicted for murder under Sections 302 and 34 IPC. The High Court acquitted Mahabir and Lal Singh, but upheld the convictions of Balwant and Abhey. On appeal, the Supreme Court examined the credibility of eye‑witnesses Raj …

MARWADI KISHOR PARMANANDversusSTATE OF GUJARAT

1994 INSC 115Dismissed

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 …

ARJUN MARIK AND ORS.versusSTATE OF BIHAR

1994 INSC 100Appeal(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 …

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

1994 INSC 95Appeal(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 …

RAJA RAM AND ORS.versusSTATE OF MADHYA PRADESH

1994 INSC 86

Ten persons, including eight appellants, were tried for murder (Sec. 302 read with Sec. 149 IPC) and other offences arising from an assault on the deceased Halke. The High Court convicted them of murder and sentenced them to life imprisonment, along with convictions under Sec. 323 and Sec. 325 IPC …

LAXMAN NAIKversusSTATE OF ORISSA

1994 INSC 88Dismissed

The Supreme Court examined the appeal of Laxman Naik, who was convicted of raping and murdering his 7‑year‑old niece. The prosecution case was built entirely on circumstantial evidence, including eyewitnesses who saw the accused and victim together, the accused’s false statements about the victim’s …

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

1994 INSC 64

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 …

BHERU SINGH S/0 KALYAN SINGHversusSTATE OF RAJASTHAN

1994 INSC 44Dismissed

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 …

QUAMARUL ISLAMversusS.K. KANTA AND ORS.

1994 INSC 20

The returned candidate Quamarul Islam contested the 1989 Karnataka Assembly election and was challenged by his rival S.K. Kanta on alleged corrupt practices under Sections 123(2), (3), (3A) and (4) of the Representation of the People Act, 1951, including religious appeals and false statements. The …

UNION OF INDIAversusHARNAM SINGH

1994 INSC 9Dismissed

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 …

DHANANJOY CHATIERJEE @ DHANAversusSTATE OF WEST BENGAL

1994 INSC 6

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 …

BHURA AND ORS.versusKASHIRAM

1994 INSC 3

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 …

AMRIK SINGH, SATNAM SINGH AND ANR.versusTHE STATE OF RAJASTHAN

1993 INSC 397Dismissed

The Supreme Court examined appeals by Amrik Singh, Satnam Singh and Mohar Singh against convictions for murder and attempted murder arising from a 1976 shooting that killed Satveer and Lal Chand and injured others. The sole surviving eye‑witness, Trilok Kumar, who was critically injured, identified …

BRIJ MOHAN AND ORS.versusSTATE OF RAJASTHAN

1993 INSC 393Dismissed

The case involved an armed robbery and dacoity at night in a village where four persons were killed. Six accused were arrested after an encounter and, within 24 hours, a test identification was conducted before a Judicial Magistrate, resulting in eleven eyewitnesses positively identifying the …

BHALINDER SINGH @ RAJUversusSTATE OF PUNJAB

1993 INSC 394Appeal(s) allowed

Bhalinder Singh was convicted of murder, kidnapping and abetment of suicide based solely on circumstantial evidence, including a claim that he was last seen with the deceased, the recovery of the victim's shoes, an extra‑judicial confession to the village sarpanch, and a false explanation to the …

SAURASHTRA CEMENT AND CHEMICAL INDUSTRIES LIMITEDversusTHE UNION OF INDIA AND ANR.

1993 INSC 378Dismissed

Saurashtra Cement and Chemical Industries Ltd, a cement manufacturer, held a mining lease for limestone and was required to pay royalty as per the Second Schedule of the Mines and Minerals (Regulation and Development) Act, 1957. The Central Government issued several notifications under Section 9(3) …

STATE OF RAJASTHAN AND ORS. ETC. ETC.versusSHRI SHYAM LAL JOSHI AND ORS. ETC. ETC.

1993 INSC 368Disposed off

The petitioners, holders of National Trade Certificates (NTC), claimed that the State of Rajasthan's recognition of NTC as equivalent to the Basic School Training Certificate (BSTC) entitled them to appointment as primary school teachers in Panchayat Samiti schools. The High Court had allowed this …

UNION OF INDIAversusKOLLUNI RAMAIAH AND ORS.

1993 INSC 369

The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator …

SUBRAN AND ORS.versusSTATE OF KERALA

1993 INSC 255Modified

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 …

RAMESH KUMARversusSTATE OF BIHAR AND ORS.

1993 INSC 253Case 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 …

SURENDER KUMAR GARGversusSTATE OF UTTAR PRADESH

1993 INSC 211Appeal(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 …

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

1993 INSC 195Disposed 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 …

RAM ASREYversusSTATE OF UTTAR PRADESH

1993 INSC 183Case 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 …

HARI SINGHversusSTATE OF HARYANA

1993 INSC 150Appeal(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 …

KAPILDEO SINGH AND ORS.versusSTATE OF BIHAR

1993 INSC 143Case 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 …

MANI RAMversusSTATE OF RAJASTHAN

1993 INSC 131Dismissed

Mani Ram and his brother Hari Ram had a dispute with Hazur Singh. On the day of the incident Singh went to his field, ate a meal brought by his wife Surjeet Kaur and son Jaskaran, and was subsequently shot by Mani Ram with a licensed pistol; Hari Ram allegedly encouraged the act. The trial court …

K. KRISHNA IYERversusSTATE OF KERALA AND ANR.

1993 INSC 122Case Partly allowed

The appellant sold ice‑sticks that were examined by a public analyst who reported the presence of saccharin and dulcin, the latter being an adulterant declared injurious to health. A subsequent analysis by the Central Food Laboratory found only saccharin and no dulcin. The trial court convicted the …

KUNDULA BALA SUBRAHMANYAM AND ANR.versusSTATE OF ANDHRA PRADESH

1993 INSC 119Dismissed

The Supreme Court examined the murder trial of Kundula Bala Subrahmanyam, who died from extensive burns after allegedly being set alight by her husband and mother‑in‑law over a dowry‑related dispute. The prosecution relied on a chain of circumstantial evidence: a clear motive (dowry and land …

A.M. KUNHIKOYA@ KOYAversusSTTE OF KERALA

1993 INSC 120Case Partly allowed

On 16 September 1980, a dispute arose after an alleged stone‑pelting incident, culminating in a confrontation where the appellant, A.M. Kunhiko ya, and four others attacked the deceased, Moideen Kutty. The appellant first struck the victim's hand and, during a struggle, thrust a dagger into the …

RADHEY SHYAM KHEMKA AND ANR. ETC.versusSTATE OF BIHAR AND ANR. ETC.

1993 INSC 121Dismissed

The appellants, promoters and directors of a public limited company, issued a prospectus inviting public subscription for shares, claimed that the application to list the shares on a stock exchange was rejected, yet retained the money collected from investors and transferred it to another company …

ANIL PHUKANversusSTATE OF ASSAM

1993 INSC 96Appeal(s) allowed

Anil Phukan and his brothers were convicted under Sections 302 and 34 of the IPC for the murder of Trinayan Chandra Baruah, based primarily on the testimony of a single eye‑witness, the deceased's nephew. The Supreme Court examined whether a conviction can rest on such testimony without independent …

SURINDER PAL JAINversusDELHI ADMINISTRATION

1993 INSC 82Appeal(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 …

HARENDRA NATH MANDALversusSTATE OF BIHAR

1993 INSC 73Appeal(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 …

SUBRAN @ SUBRAMANIAN AND ORS.versusSTATE OF KERALA

1993 INSC 67Case Partly allowed

Six persons were tried for a violent assault on 24 December 1986 that resulted in the death of Suku. The trial court convicted all under various IPC sections, including murder (302) read with Section 149, and the High Court later acquitted two accused while confirming the others. On special leave, …

STATE OF HIMACHAL PRADESHversusRAGHUBIR SINGH

1993 INSC 60Appeal(s) allowed

The State prosecuted Raghubir Singh, then aged about 16, for raping an 8‑year‑old girl. The victim, her father and sister testified, and a medical doctor confirmed injuries consistent with sexual intercourse. The trial court convicted the accused under S.376 IPC and sentenced him to five years' …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1991 INSC 305Disposed off

M.C. Mehta filed a public‑interest writ under Article 32 seeking directions for the government to promote environmental awareness. The Court examined whether it could order cinema halls, television, radio and educational institutions to disseminate environmental messages free of cost and make …