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ABHAY MANOHAR SAPRE

231 judgments · newest first · showing 1–200

G H SHIV KUMAR JATIAversusSTATE OF NCT OF DELHI

2019 INSC 949Disposed off

The case arose from a fall of a guest from the terrace of the Hyatt Regency hotel in Delhi, leading to charges under Sections 336, 338 IPC read with Section 32 and Section 4 of the COTPA 2003 against the hotel company, its Managing Director (Shiv Kumar Jatia) and its General Manager (Aseem Kapoor). …

SALEEM AHMEDversusSTATE & ANR.

2019 INSC 919Appeal(s) allowed

The appellant, a house owner, was charged with electricity theft after BSES issued a bill of Rs.97,786 and filed a criminal case. The parties settled the dispute in a Permanent Lok Adalat, agreeing that the appellant would pay Rs.83,120 as full and final settlement, which he duly paid. Despite the …

STATE OF RAJASTHAN & ORS.versusSHIV DAYAL & ANR.

2019 INSC 900Remitted to Lower Court

The State of Rajasthan challenged a civil suit in which Shiv Dayal, the mining lessee, obtained a permanent injunction restraining the State from interfering with mining on land he claimed was revenue land, not forest land. The trial court and the first appellate court upheld the injunction. The …

STATE OF HIMACHAL PRADESH & ORS.versusKANSHI RAM & ORS.

2019 INSC 906Remitted to Lower Court

The Himachal Pradesh government acquired 18-15 bighas of land for a road project after taking possession in 1988. The Land Acquisition Officer fixed rates based on land classification, but the Reference Court later fixed a uniform compensation of Rs 7 lakhs per bigha relying on a sale deed …

MADHUKAR NIVRUTTI JAGTAP & ORS.versusSMT. PRAMILABAI CHANDULAL PARANDEKAR & ORS.

2019 INSC 892Case Partly allowed

The plaintiffs entered into agreements dated 20‑09‑1965 and 28‑04‑1966 for the sale of 50 acres of agricultural land, paying part of the consideration and taking partial possession. The defendants contended that the documents were merely collateral security for a loan. The Supreme Court held that …

NARESHBHAI BHAGUBHAI & ORS.versusUNION OF INDIA & ORS.

2019 INSC 895Appeal(s) allowed

The appellants, land owners of about six kilometres of land in Surat, Gujarat, challenged the acquisition of 131 kilometres of land for the Western Dedicated Freight Corridor, arguing that the Competent Authority failed to comply with Section 20D(2) of the Railways Act, 1989 by not passing a …

R. JAYAPALversusSTATE OF TAMIL NADU & ANR.

2019 INSC 885Case Partly allowed

The appellant R. Jayapal was convicted of murder (s.302 IPC) for stabbing the deceased Poondhaisezhiyan, who later died from a chest wound. He claimed he acted in private defence to protect his wife from the deceased, who allegedly intruded into their house with a group and attempted to assault her. …

MAHANAGAR TELEPHONE NIGAM LTD.versusCANARA BANK & ORS.

2019 INSC 881Case Partly allowed

Mahanagar Telephone Nigam Ltd. (MTNL) entered into a bond transaction with CANFINA, a wholly‑owned subsidiary of Canara Bank, which later transferred the bonds to its parent. MTNL cancelled the bonds alleging non‑payment of consideration and sought arbitration. The parties exchanged letters and a …

MAUJI RAMversusSTATE OF UTTAR PRADESH & ANR.

2019 INSC 825Appeal(s) allowed

The respondents, seven accused persons, were charged with murder and several other offences for the killing of Sumit Kumar. Their bail applications were rejected by the Sessions Court but were later granted by the Allahabad High Court without recording any reasons. The complainant, father of the …

RUPA ROYversusTHE NEW INDIA ASSURANCE COMPANY LTD. & ANR.

2019 INSC 824Appeal(s) allowed

The appellant, Rupa Roy, and her 10‑year‑old son were injured when a high‑speed van collided with their rickshaw van, leaving the son with a medically certified 70% permanent disability. She filed a claim under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal …

KRISHNA KUMAR RAWAT & ORS.versusUNION OF INDIA & ORS.

2019 INSC 819Disposed off

The appellants, prospective buyers, entered into an agreement to purchase a 9,500‑sq‑yard plot with two godowns for Rs 99,84,500 and reported the transaction under s.269UC of the Income Tax Act. The Income Tax Department’s appropriate authority, after a valuation showing the market value to be about …

UDE SINGH & ORS.versusSTATE OF HARYANA

2019 INSC 810Disposed off

The Supreme Court examined whether the continuous humiliation and taunting of an 18‑year‑old girl by her relatives amounted to abetment of suicide under Section 306 read with Section 34 of the IPC. The Court held that the accused’s repeated insults, aimed at destroying the victim’s self‑esteem, …

PRASHANTI MEDICAL SERVICES & RESEARCH FOUNDATIONversusUNION OF INDIA & ORS.

2019 INSC 813Dismissed

Prashanti Medical Services & Research Foundation, a charitable trust, obtained approval for its heart hospital project under Section 35AC of the Income Tax Act, enabling donors to claim tax deductions for contributions. After receiving large donations in 2015-16 and 2016-17, the Finance Act, 2016 …

G H M/S TREATY CONSTRUCTION & ANR.versusM/S RUBY TOWER CO-OP. HSG. SOCIETY LTD.

2019 INSC 780Case Partly allowed

Treaty Construction built a residential‑commercial project whose flats were purchased by members who formed the Ruby Tower Co‑op Housing Society. The society alleged that the builder failed to complete interior works, did not obtain a Completion or Occupancy Certificate, and collected excess …

SOBHA SINGH AND SONS PVT. LTD.versusSHASHI MOHAN KAPUR (DECEASED) THR. L.R.

2019 INSC 756Appeal(s) allowed

The appellant, Sobha Singh & Sons Pvt Ltd, a landlord, obtained a consent order on 1 June 2012 in a suit for eviction of the respondent, the legal representative of the deceased tenant. The respondent failed to vacate the suit house despite extensions and the appellant filed an execution petition. …

KARUNA KANSALversusHEMANT KANSAL & ANR.

2019 INSC 662Appeal(s) allowed

The husband, Hemant Kansal, had two wives: his first wife, who obtained an ex parte decree of dissolution, and his second wife, Karuna Kansal, the appellant. The first wife appealed the Family Court's refusal to condone the delay in filing an application under Order 9 Rule 13 CPC, seeking to set …

OMANAKUTTANversusTHE STATE OF KERALA

2019 INSC 661Dismissed

The appellant, OMANAKUTTAN, was convicted for voluntarily causing grievous hurt by pouring acid on his neighbour, Sunil Kumar, in 1997, resulting in extensive burns and permanent disfigurement. The trial court sentenced him to one year imprisonment and a fine, a conviction affirmed by the High …

ARULMIGHU NELLUKADAI MARIAMMANversusTAMILARASI (DEAD) BY LRS.

2019 INSC 642Appeal(s) allowed

The plaintiff filed a suit for eviction which was decreed by the District Munsif and affirmed by the first appellate court. The defendant appealed to the High Court under Section 100 CPC, which set aside the decree and dismissed the suit. The plaintiff challenged this on a special leave petition, …

MALLIKARJUNAIAHversusNANJAIAH & ORS.

2019 INSC 578Appeal(s) allowed

The appellant, a co‑owner of a parcel of land that fell to him after his father's death, discovered in 1983 that the respondents, his brothers, had encroached upon 1 gunta of his share. He measured the land, obtained knowledge of the encroachment and filed a suit in 1992 for declaration of title and …

N. RAMAMURTHYversusSTATE BY CENTRAL BUREAU OF INVESTIGATION, A.C.B., BENGALURU

2019 INSC 582Disposed off

N. Ramamurthy was convicted under several IPC provisions and the Prevention of Corruption Act and sentenced to multiple terms, the trial court directing that all sentences run concurrently, resulting in a maximum imprisonment of seven years. He filed applications under Section 389 of the CrPC …

HIRABAI (D) THR. L.RS. & ORS.versusRAMNIWAS BANSILAL LAKHOTIYA (D) BY L.RS. & ORS

2019 INSC 571Dismissed

The case arose from a sale deed executed in 1965 by defendant No.3, the Karta of the family, transferring a family house to Bansilal. After Bansilal's death, defendants No.1 and No.2 inherited the property and obtained a decree in 1975 confirming their title. The sisters of defendant No.3 later …

M/S TRIMEX SANDS PVT. LIMITED & ANR.versusUNION OF INDIA & ORS.

2019 INSC 573

The Union of India issued an order on 30 June 2016 concerning an exploration licence, which was challenged by a writ petition (W.P. No.5734 of 2016). The Delhi High Court set aside that order, not on the merits, but because the counsel for the Union had made a statement that was later disclosed to …

MONTHI MENEZES (D) BY LR.versusDEVAKI AMMA (D) BY LR. & ANR.

2019 INSC 556Case Partly allowed

The appellant, successor to Shri Bona Menezes, applied for occupancy rights over 3.07 acres of Survey No.119/2A1 under the Karnataka Land Reforms Act, 1961. The landlord contended that the land was ‘Punja’ (non‑cultivable) and not subject to tenancy. The Land Tribunal, after spot inspection, held …

NATIONAL INSURANCE COMPANY LTD.versusMANNAT JOHAL & ORS. ETC. ETC.

2019 INSC 561Dismissed

An oil tanker collided with a car driven by Rajpal Singh Johal, killing him and injuring his family. The claimants (his parents, wife, and children) sought compensation under the Motor Vehicles Act, 1988, while the insurer challenged the quantum of award and the interest rate. The Motor Accident …

RANJIT KUMAR KARMAKAR @ DULAL KARMAKARversusHARI SHANKAR DAS

2019 INSC 542Appeal(s) allowed

The plaintiff filed a civil suit for declaration of title, possession and permanent injunction, which the trial court dismissed. The first appeal was allowed, overturning the trial court's decision. The defendant then filed a second appeal under Section 100 of the CPC, and the High Court set aside …

PR. COMMISSIONER OF INCOME TAX CENTRAL 2versusM/S A.A. ESTATE PVT. LTD.

2019 INSC 544

The Commissioner of Income Tax appealed a decision of the High Court that had dismissed the appeal against an addition of Rs.1,70,94,000 made under section 148 of the Income Tax Act. The Supreme Court examined whether the High Court complied with the mandatory procedure of section 260-A, which …

MANJU DEVIversusSTATE OF RAJASTHAN & ANR.

2019 INSC 538Appeal(s) allowed

The appellant, mother of a woman who died in Nigeria, sought to summon Dr. I. Yusuf, the pathologist who performed the first post‑mortem, under Section 311 of the CrPC, either through the Nigerian High Commission or by video‑conferencing. The trial court rejected the application, citing the case's …

MD. ALLAUDDIN KHANversusTHE STATE OF BIHAR & ORS.

2019 INSC 531Appeal(s) allowed

The appellant filed a criminal complaint under Sections 323, 327, 379 read with Section 34 of the IPC alleging assault and theft by the respondents, who were also parties to a pending civil landlord‑tenant dispute. The Judicial Magistrate took cognizance of the complaint, but the High Court quashed …

ASHOK KUMAR MEHRA & ANR.versusTHE STATE OF PUNJAB ETC.

2019 INSC 525Disposed off

The father (Ashok Kumar Mehra) and son (Kushwant Kumar Mehra) were convicted of murder under IPC s.302/34 by the High Court, overturning an earlier acquittal. The son was 17 years and 5 months old at the time of the offence (born 14‑06‑1980, offence on 04‑01‑1998) and raised a plea of juvenility for …

BIHARI LALversusTHE STATE OF RAJASTHAN & ORS.

2019 INSC 528Appeal(s) allowed

The accused persons (respondent Nos. 2‑4) were charged with offences under Sections 307, 323, 325, 336 and 341 read with Section 34 of the Indian Penal Code. They contended that the two medical reports filed by the prosecution did not establish a case under Section 307, and the trial court …

PR. COMMISSIONER OF INCOME TAX 6versusNOKIA INDIA PVT. LTD.

2019 INSC 476Appeal(s) allowed

The Assessing Officer issued a notice under section 148 of the Income Tax Act for the assessment year 1999-2000, which the assessee (Nokia India) contested on the ground that it was based merely on a change of opinion. The ITAT upheld the assessee's objections, declaring the notice bad in law, and …

RAMALINGESWARA RAO (DEAD) THR. LRS. & ANR.versusN. MADHAVA RAO & ORS.

2019 INSC 469Appeal(s) allowed

The plaintiffs (sons of a co‑sharer) sued the defendants (purchasers of the suit land from another co‑sharer) for a perpetual injunction restraining them from interfering with possession of the suit property. The trial court dismissed the suit, and the first appellate court affirmed the dismissal. …

BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. & ORS.versusPYARE KISHAN AGARWAL

2019 INSC 464Appeal(s) allowed

The respondent sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, invoking Clause 11 of a partnership deed of "Gupta Bus Service" dated 5 July 1960. The appellants objected, arguing that the partnership was unregistered and therefore barred by Section 69(3) of the …

STATE OF ORISSA & ORS.versusCHANDRA NANDI

2019 INSC 447

The respondent, a retired employee, filed an original application before the Orissa State Administrative Tribunal seeking full post‑retirement benefits; the Tribunal granted some benefits but denied others. He then filed a writ petition in the High Court, which partially allowed the petition and …

SUNIL KUMAR BISWASversusORDINANCE FACTORY BOARD & ORS.

2019 INSC 436Dismissed

Sunil Kumar Biswas and four other employees had worked for the Ordinance Factory Board for 25 years and sought regularisation of their services. They filed an original application before the Central Administrative Tribunal (CAT), which dismissed their claim, leading them to file a writ petition in …

SUSANTA DEYversusBABLI MAJUMDAR & ANR.

2019 INSC 411Appeal(s) allowed

The appellant was convicted by a Judicial Magistrate under Section 138 of the Negotiable Instruments Act for a cheque bounce, and sentenced to two months' imprisonment and a compensation of Rs. 3 lakh. The appellant appealed, and the appellate court set aside the conviction, remanding the matter to …

RAJINDER TIWARIversusKEDAR NATH (DECEASED) THR. LRS. & ORS.

2019 INSC 414Appeal(s) allowed

Rajinder Tiwari filed a civil suit seeking a permanent injunction against Kedar Nath (deceased) over a property. The trial court denied the defendant the opportunity to file a written statement, barred him from presenting documentary evidence, and decreed the injunction in favour of the plaintiff. …

CHAND KAUR (D) THR. LRS.versusMEHAR KAUR (D) THR. LRS.

2019 INSC 413Appeal(s) allowed

The Supreme Court examined six civil appeals arising from a batch of second appeals filed under Section 100 of the Code of Civil Procedure. The Punjab & Haryana High Court had allowed the second appeals and altered the findings of the first appellate court without first framing any substantial …

V. KRISHNAMURTHY & ANR.versusSTATE OF TAMIL NADU & ORS.

2019 INSC 398Dismissed

The Tamil Nadu State allotted a parcel of land to an Agricultural Horticultural Society in 1980 under certain conditions. In 1989 the State resumed the land under clause 4 of the allotment order, citing a public purpose of developing sports facilities and horticultural research. The Society …

GANGA PRASAD MAHTOversusSTATE OF BIHAR & ANR.

2019 INSC 402Appeal(s) allowed

The appellant was convicted by the Sessions Court and the High Court for rape under Section 376 of the Indian Penal Code based on the complaint of PW‑3, who alleged that the appellant entered her house at night, threatened her with a pistol and raped her. The trial court relied on the testimony of …

HARVEER SINGH & ANR.versusSTATE OF U.P.

2019 INSC 391

Harveer Singh and another were acquitted by a Judicial Magistrate of offences under Sections 323, 324, 452, 504 and 506 IPC. The State appealed, and the Appellate Court convicted them on three of those sections, imposing rigorous imprisonment and fines. The convicts filed a criminal revision before …

SUGREEV KUMARversusSTATE OF PUNJAB & ORS.

2019 INSC 386Case Partly allowed

The prosecution, in a trial for three accused under the IPC and Arms Act, sought to summon eight additional persons under Section 319 of the Code of Criminal Procedure based on a witness statement that eleven persons were involved. The trial court summoned only one of the eight and dismissed the …

RAFIQ AHMEDBHAI PALIWALAversusTHE STATE OF GUJARAT & ORS.

2019 INSC 384Appeal(s) allowed

The State of Gujarat appealed a Gujarat High Court order that, under Section 482 of the CrPC, quashed an FIR in part for serious offences of dacoity (IPC ss. 392, 395, 397) while upholding it for lesser offences. The Supreme Court held that the High Court erred in exercising its inherent powers to …

KAIKHOSROU (CHICK) KAVASJI FRAMJIversusUNION OF INDIA & ANR.

2019 INSC 378Appeal(s) allowed

The appellants, heirs of Kaihosrou (Chick) Kavasji Framji, claimed ownership of a 1.52‑acre property in Pune that had been leased to the Government and later requisitioned. The Union of India, asserting title, issued a notice under Section 4 of the Public Premises (Eviction of Unauthorized …

MEG RAJ (DEAD) THR. L.RS. & ORS.versusMANPHOOL(DEAD) THR. L.RS. & ORS.

2019 INSC 376Dismissed

The suit land in Sirsa, Haryana was subject to ceiling proceedings under the Haryana Ceiling on Land Holdings Act, 1972, and the prescribed authority issued an order on 17 October 1978. Two separate civil suits were filed challenging the legality of that order and seeking its declaration as null and …

ROHITBHAI JIVANLAL PATELversusSTATE OF GUJARAT & ANR.

2019 INSC 393Case Partly allowed

The appellant, Rohitbhai Jivanlal Patel, issued seven post‑dated cheques of Rs.3 lakh each to the complainant, which were later dishonoured for insufficient funds or a closed account. The trial court acquitted him, holding that the complainant had not proved the existence of a legally enforceable …

UNION OF INDIA & ORS.versusALL INDIA TRADE UNION CONGRESS & ORS.

2019 INSC 381Appeal(s) allowed

The All India Trade Union Congress and affiliated unions filed a writ petition seeking regularisation and statutory benefits for casual workers employed by the Border Roads Organisation (BRO) in Uttarakhand. The High Court initially granted the petition and, on appeal, directed the Union of India to …

THE PRINCIPAL COMMISSIONER OF INCOME TAX-8versusM/S YES BANK LTD.

2019 INSC 392Appeal(s) allowed

The Income Tax Department appealed against a High Court order that dismissed its challenge to the applicability of Section 35-D of the Income Tax Act, 1961 to Yes Bank Ltd. The core issue was whether Yes Bank, as an industrial undertaking, could claim the deduction under Section 35-D for the …

RAMESHWAR DASSversusTHE STATE OF PUNJAB

2019 INSC 366Disposed off

The State of Punjab acquired 14.49 acres of land in nine villages for the Satluj‑Yamuna canal project. The Land Acquisition Officer fixed compensation rates, which were enhanced by the Civil Court and subsequently by the Punjab & Haryana High Court, the latter relying on the lead judgment in Hari …

ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.versusGOPI CHAND ATREJA

2019 INSC 347Dismissed

The Haryana Urban Development Authority (HUDA) lost a civil suit and its first appeal, and subsequently filed a second appeal in the High Court after a delay of 1,942 days. HUDA sought condonation of this delay under Section 5 of the Limitation Act, arguing that its lawyer’s negligence caused the …

STATE TRADING CORPORATION OF INDIA LTDversusM/S GLOBAL STEEL HOLDING LIMITED & ORS.

2019 INSC 355

The State Trading Corporation of India (STC) and Global Steel Holding Ltd (GSHIL) entered into settlement agreements in 2010 and 2012 under which GSHIL was to pay interest of Rs 600 crore at 8% p.a. by 28 February 2019. The amount was paid, and STC declared that all liabilities under the settlements …

DILIP MANI DUBEYversusM/S SIEL LTD. & ANR.

2019 INSC 345Dismissed

The workman Dilip Mani Dubey was terminated by his employer M/S SIEL Ltd. An Industrial Tribunal under the Uttar Pradesh Industrial Disputes Act, 1947 awarded reinstatement and back wages, holding that he had been in continuous service for one year as required by Section 6‑N. The employer challenged …

TANUKU TALUK VILLAGE OFFICERS’ ASSOCIATIONversusTANUKU MUNICIPALITY & ORS. ETC.

2019 INSC 349Appeal(s) allowed

The appellant, Tanuku Taluk Village Officers’ Association, filed two civil suits against the respondents concerning a piece of land, both of which were decreed on 14 August 1996. It also obtained a decree from the Rent Controller ordering the handover of the land, but subsequent applications and …

MUKESH CHANDversusTHE STATE(NCT) OF DELHI & ANR

2019 INSC 354Appeal(s) allowed

The appellant, a consumer of electricity, was issued a bill of Rs.3,54,598.21 by BSES for alleged theft of electricity and a FIR was filed against him under Section 135 of the Electricity Act, 2003. The parties later settled the dispute in a Special Lok Adalat, agreeing on a payment of Rs.1,60,000, …

COMMISSIONER OF INCOME TAX, JAIPURversusM/S GOPAL SHRI SCRIPS PVT. LTD.

2019 INSC 351

The Income Tax Department appealed an assessment order, but the Rajasthan High Court dismissed the appeal as infructuous after learning that the assessee company, Gopal Shri Scrips Pvt. Ltd., had been struck off the register under Section 560(5) of the Companies Act, 1956. The question before the …

MANIK KUTUMversusJULIE KUTUM

2019 INSC 332Disposed off

The wife filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance for herself and her minor daughter. The trial court awarded Rs.2,000 per month for the daughter but rejected the wife's claim, holding she was not the legally married wife of the husband. The …

SHODA DEVIversusDDU/RIPON HOSPITAL SHIMLA AND ORS.

2019 INSC 334Appeal(s) allowed

Shoda Devi, a 45‑year‑old woman from a poor rural background, was admitted to DDU Hospital for a minor gynecological procedure. A paramedic administered an intravenous injection of Phenergan directly into her right arm, causing excruciating pain that was ignored by the staff. The resulting acute …

ISHA DISTRIBUTION HOUSE PVT. LTD.versusADITYA BIRLA NUVO LTD. & ANR.

2019 INSC 330Directions issued

The plaintiff, Isha Distribution House Pvt. Ltd., filed a civil suit in the Calcutta High Court seeking declaration, damages and injunction, and applied for leave to sue under Clause 12 of the Letters Patent Act, 1865. The defendants contested the suit's territorial jurisdiction, filing an …

BIRLA INSTITUTE OF TECHNOLOGYversusTHE STATE OF JHARKHAND & ORS.

2019 INSC 18Dismissed

The Birla Institute of Technology (BIT) appealed against the State of Jharkhand and other respondents after a teacher who retired in 2001 claimed gratuity under the Payment of Gratuity Act, 1972. The High Court had upheld the gratuity award, and BIT challenged the applicability of the Act to …

M/S ANJANEYA JEWELLERYversusNEW INDIA ASSURANCE CO.LTD. & ORS.

2019 INSC 333Appeal(s) allowed

The appellant, M/s Anjaneeya Jewellery, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) against New India Assurance Co. Ltd. and others. The Presiding Member dismissed the complaint in limine under Section 13 of the Consumer Protection Act, 1986, without …

SUKUMARANversusSTATE REP. BY THE INSPECTOR OF POLICE

2019 INSC 327Appeal(s) allowed

The appellant, Sukumar, a Forest Range Officer, chased a lorry he suspected of sandalwood smuggling. The lorry occupants attacked his jeep with stones and shouted “fire them”. Sukumar fired his DBL‑gun, killing the driver. He later loaded sandalwood and a gun from the lorry and claimed he acted in …

KAKADIA BUILDERS PVT. LTD. & ANR.versusINCOME TAX OFFICER WARD 1(3) & ANR.

2019 INSC 316Appeal(s) allowed

Kakadia Builders Pvt. Ltd. and its promoter filed settlement applications before the Income Tax Settlement Commission while assessment proceedings were pending. The Commission, on 11 August 2000, added tax and waived interest under Sections 234A, 234B and 234C, but both the assessee and the Revenue …

FED. OF BANK OF INDIA STAFF UNIONS & ANR.versusUNION OF INDIA & ANR

2019 INSC 300Dismissed

The Federation of Bank of India Staff Unions and an employee sought to have three workmen nominated as directors of the Bank of India under the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970. The Central Government rejected the panel because the candidates had less than …

SHIV SHANKAR PRASAD SINGHversusTHE STATE OF BIHAR

2019 INSC 292Dismissed

The appellants, Shiv Shankar Prasad Singh and Ramdeo Prasad, were officials/contractor handling urea bags for the Food Corporation of India. They were alleged to have conspired to misappropriate a total of 1,040 bags of urea and to falsify gate‑register, ‘G’‑Form and ‘O’‑Form entries to show that …

COMMISSIONER OF INCOME TAX-IversusM/S RASHTRADOOT (HUF)

2019 INSC 285Appeal(s) allowed

The Revenue (Commissioner of Income Tax) appealed an ITAT order that had allowed the assessee, M/s Rashtadrood (HUF), under Section 260A of the Income Tax Act, 1961. The High Court dismissed the appeal after hearing both parties but neither framed any substantial question of law nor provided reasons …

NAGARAJversusUNION OF INDIA

2019 INSC 250Case Partly allowed

The appellant, a bus driver for the Karnataka State Road Transport Corporation, collided with a railway level‑crossing gate on 3 August 2006, breaking it. He was convicted under Section 160(2) of the Railways Act, 1989 and sentenced to six months' simple imprisonment by the trial court, a decision …

THANGASAMYversusTHE STATE OF TAMIL NADU

2019 INSC 234Dismissed

The appellant, a government bus driver, was accused of driving negligently on 24 February 2001, causing a collision that killed four persons and injured three. The trial court, appellate court, and High Court convicted him under IPC sections 279, 337 (three counts) and 304A (four counts) based on …

THE STATE OF MADHYA PRADESHversusSURESH

2019 INSC 240Appeal(s) allowed

The State of Madhya Pradesh prosecuted Suresh for the fatal assault on his father, resulting in death and a charge of culpable homicide not amounting to murder under Section 304 Part II IPC, along with a false information charge under Section 201 IPC. The Trial Court convicted Suresh under Section …

UNION OF INDIA & ANR.versusAVTAR CHAND ETC. ETC.

2019 INSC 225Appeal(s) allowed

Skilled workers at the Western Base Workshop, GREF, Pathankot alleged that they were paid less than the minimum wages prescribed under the Minimum Wages Act, 1948. They filed applications under Section 20(3) of the Act, and the Specified Authority ordered the Union of India to pay each worker the …

MEHBOOB-UR-REHMAN (DEAD) THROUGH LRS.versusAHSANUL GHANI

2019 INSC 204Dismissed

Mehboob-ur-Rehman filed a suit for specific performance of a 1975 agreement to sell a house, alleging the defendant failed to obtain required land‑ceiling permission. The trial court decreed in his favour, but the first appellate court reversed, holding the plaintiff had not shown continuous …

CEMENT WORKERS’ MANDALversusGLOBAL CEMENTS LTD. (HMP CEMENTS LTD.) & ORS

2019 INSC 197Appeal(s) allowed

The Cement Workers' Union filed a Special Civil Application (SCA) in the Gujarat High Court seeking to compel Indian Bank and Global Cements Ltd. to pay outstanding wages to workers of a cement factory in Porbandar, Gujarat, and to set aside a Debt Recovery Tribunal order that transferred sale …

GAGAN KUMARversusTHE STATE OF PUNJAB

2019 INSC 201Case Partly allowed

Gagan Kumar was convicted by a Judicial Magistrate of offences under Sections 279 and 304-A of the Indian Penal Code and sentenced to two separate terms of rigorous imprisonment with fines. He appealed to the Additional Sessions Judge and then to the High Court, both of which affirmed the conviction …

MALA SINGH & ORS.versusSTATE OF HARYANA

2019 INSC 180Case Partly allowed

Eleven accused were tried for murder under Sections 148, 302/149, 323/149 and 506/149 IPC, and the trial court convicted all of them. The High Court acquitted eight of the accused, but upheld the conviction of three appellants by altering the charge from Section 149 to Section 34 IPC, convicting …

DEEPAK TANDON & ANR.versusRAJESH KUMAR GUPTA

2019 INSC 159Appeal(s) allowed

The appellants, owners of a house in Allahabad, filed an eviction application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need to use the premises for their own commercial business. The Prescribed Authority …

AMBI RAMversusSTATE OF UTTARAKHAND

2019 INSC 142Case Partly allowed

Ambi Ram, a Patwari in Uttarakhand, accepted a bribe of Rs.1,200 in 1985 and was caught in a sting operation. He was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 read with Section 161 of the IPC and sentenced to four years' rigorous imprisonment and a fine of Rs.5,000, with …

THE COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITYversusS.S. SARVESH

2019 INSC 147Appeal(s) allowed

The Mysore Urban Development Authority (the Authority) appealed a civil suit decree against it, but its first appeal was dismissed in default when its counsel failed to appear. The Authority sought restoration of the appeal under Order 41 Rule 19 of the Code of Civil Procedure, 1908, but the …

EMPLOYEES’ STATE INSURANCE CORPORATIONversusVENUS ALLOY PVT. LTD.

2019 INSC 143Appeal(s) allowed

The Employees’ State Insurance Corporation (ESIC) observed that Venus Alloy Pvt. Ltd., though covered under the Employees’ State Insurance Act, 1948, had not paid ESI contributions on the remuneration paid to its directors. ESIC issued an order on 6 April 2005 directing the company to make the …

G H RAM LAL & ORS.versusSALIG RAM & ORS.

2019 INSC 129Appeal(s) allowed

The plaintiffs, owners of Khasra No.146 in Himachal Pradesh, sued the defendants alleging encroachment on their land. The trial court dismissed the suit, but the First Appellate Court remitted additional issues and appointed a Local Commissioner to demarcate the land. After the commissioner’s report …

G. RATNA RAJ (D) BY LRS.versusSRI MUTHUKUMARASAMY PERMANENT FUND LTD. & ANR.

2019 INSC 123Dismissed

G. Ratna Raj filed a civil suit for redemption of mortgage and injunction against Sri Muthukumarasamy Fund Ltd. The plaintiff presented his evidence and closed his case, after which the suit was called for recording the defendants' evidence. The defendants failed to appear and had not led any …

ASHARFI DEVI (D) THR. LRS.versusSTATE OF U.P. & ORS.

2019 INSC 124Dismissed

The original appellant, owner of land subject to the Urban Land (Ceiling and Regulation) Act, 1976, claimed that ceiling proceedings became void after the Act was repealed in 1999 and filed a writ petition in 2002. The Allahabad High Court dismissed the writ on 14 March 2008, finding the appellant …

SHRI RAJENDRA LALITKUMAR AGRAWALversusSMT. RATNA ASHOK MURANJAN & ANR.

2019 INSC 121Appeal(s) allowed

The plaintiff filed a suit for specific performance of a contract dated 08‑08‑1984, which the trial court decreed in his favour. The first appellate court reversed that decree, dismissing the suit, and the plaintiff appealed to the High Court. The High Court dismissed the second appeal, holding that …

N. SANKARANARAYANANversusTHE CHAIRMAN, TAMIL NADU HOUSING BOARD & ORS.

2019 INSC 117Dismissed

The appellant, N. Sankaranarayanan, filed a writ petition under Article 226 of the Constitution seeking a mandamus against the Tamil Nadu Housing Board and other authorities to restrain his family members (respondent Nos. 2 and 3) from operating a petrol pump and a marriage hall on a piece of land …

MAHADEV P KAMBEKAR (D) TR. LRS.versusSHREE KRISHNA WOOLEN MILLS PVT. LTD.

2019 INSC 116Dismissed

The dispute concerned a lease of land in Bombay where Shree Krishna Woolen Mills, the lessee, sued Mahadev Kambekar (representing the lessor) for specific performance of the lease deed. The lessor filed a counter‑claim seeking eviction of the lessee and recovery of rent, which a Single Judge allowed …

FERAversusM/S. PREMIER LIMITED (FORMERLY PREMIER AUTOMOBILES LTD.) & ORS.

2019 INSC 102Appeal(s) allowed

The Union of India appealed against a High Court order that had upheld the jurisdiction of the Special Director (Appeals) under FEMA to hear appeals against an adjudication order passed under Section 51 of the repealed FERA. The adjudication order, dated 5 December 2003, imposed a penalty on Godrej …

SATYA RAJ SINGHversusSTATE OF MADHYA PRADESH

2019 INSC 97Dismissed

The appellant Satya Raj Singh was convicted for murder under Sections 302 and 34 of the Indian Penal Code, based on eyewitness testimony that he stabbed the deceased on the neck with a knife. He challenged the conviction on the grounds that the trial courts erred in accepting the eye‑witnesses' …

DR. H. K. SHARMAversusSHRI RAM LAL

2019 INSC 100Dismissed

The landlord, Shri Ram Lal, let a portion of his house to Dr. H.K. Sharma under a tenancy agreement dated 22 July 1985. In 2008 the landlord filed an eviction application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming …

VIJAY A. MITTAL & ORS.versusKULWANT RAI (DEAD) THR. LRS. & ANR.

2019 INSC 96Disposed off

The plaintiffs filed a suit for specific performance of a 1979 agreement to purchase a property from defendant Amar Nath, alleging they had paid earnest money and were ready to perform, but Amar Nath sold the property to other defendants at a higher price. The trial court dismissed the suit on the …

RAMESH SANKAversusUNION OF INDIA & ORS.

2019 INSC 92Dismissed

Ramesh Sanka, a former CEO of a limited company (Respondent No.12), filed a writ petition under Article 32 of the Constitution seeking a mandamus directing the CBI to investigate alleged financial irregularities of the company and its associates. The petitioner claimed the company had contravened …

BIRLA INSTITUTE OF TECHNOLOGYversusTHE STATE OF JHARKHAND & ORS.

2019 INSC 1413

The Supreme Court allowed the appeal of Birla Institute of Technology against the State of Jharkhand on 7 January 2019, relying on the decision in Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer. During the hearing it emerged that Parliament had subsequently amended the …

BIRLA INSTITUTE OF TECHNOLOGYversusTHE STATE OF JHARKHAND & ORS.

2019 INSC 18Appeal(s) allowed

The Birla Institute of Technology (BIT) employed Respondent No.4 as an Assistant Professor from 1971 until his superannuation in 2001. He claimed gratuity under the Payment of Gratuity Act, 1972, which BIT denied. The controlling authority allowed the claim, but the appellate authority and the High …

MAHADEVAPPAversusSTATE OF KARNATAKA REP. BY PUBLIC PROSECUTOR

2019 INSC 15Dismissed

Mahadevappa, a police constable, was married to Rukmini Bai who died within 17 months of marriage from severe burn injuries. The prosecution alleged that Mahadevappa, an alcoholic, repeatedly demanded dowry money, ill‑treated his wife and, on 2 October 1995, poured kerosene on her and set her on …

MONUversusSTATE OF U.P. & ANR.

2019 INSC 24Appeal(s) allowed

Monu appealed to the Supreme Court after the Allahabad High Court Single Judge dismissed his Section 482 application seeking quashal of a charge‑sheet filed under IPC sections 420, 498A, 323, 376, 506 and Dowry Prohibition Act sections 3 and 4. The High Court dismissed the petition with a terse …

KAMAL KUMARversusPREMLATA JOSHI & ORS.

2019 INSC 16Dismissed

Kamal Kumar filed a suit seeking specific performance of a contract concerning a piece of land. The trial court and the High Court of Madhya Pradesh dismissed the suit, holding that the plaintiff had not demonstrated readiness and willingness to perform his part of the contract and was not entitled …

STATE OF RAJASTHAN & ORS.versusGRAM VIKAS SAMITI, SHIVDASPURA

2019 INSC 17Appeal(s) allowed

The Gram Vikas Samiti filed a civil suit against the State of Rajasthan seeking a permanent injunction to prevent the State from interfering with its possession of a disputed land. The trial court granted the injunction, and the State's first appeal was dismissed by the Additional District Judge. …

DEPUTY EXECUTIVE ENGINEERversusKUBERBHAI KANJIBHAI

2019 INSC 19Case Partly allowed

The respondent, a daily‑wage worker in the R&B Department of the State, was terminated in 1981 after working intermittently for about two years. After a lapse of fifteen years he filed a claim before the Labour Court, which ordered his reinstatement but awarded no back wages. The State appealed; the …

RAGINI SINHAversusSTATE OF BIHAR & ORS.

2019 INSC 20Dismissed

Two workers, Santosh Kumar and Hira Singh, filed claim petitions under the Minimum Wages Act, 1948 against their employer, Ragini Sinha, alleging non‑payment of wages for the period 1 January 1991 to 30 October 1992. The competent authority allowed the claims and imposed a penalty; the appellate …

SUSHIL THOMAS ABRAHAMversusM/S. SKYLINE BUILD. THR. ITS PARTNER & ORS.

2019 INSC 25Appeal(s) allowed

The plaintiff filed a civil suit seeking to be treated as an indigent person under Order 33 Rule 1 of the CPC, but the trial court rejected his application and the High Court upheld that rejection. He later filed an appeal against the trial court's decree and sought permission to file the appeal as …

PUNJAB FINANCIAL CORPORATIONversusM/S PAULBRO LEATHERS PVT. LTD.

2019 INSC 26Appeal(s) allowed

The respondent, M/s Paulbro Leathers, defaulted on a loan from Punjab Financial Corporation and the parties entered into a One Time Settlement (OTS) on 1 April 2003. The High Court appointed Chartered Accountant Davinder S. Jaaj to calculate the remaining liability, but a dispute arose over the …

DIGI CABLE NETWORK (INDIA) PVT. LTD.versusUNION OF INDIA & ORS.

2019 INSC 27Dismissed

Digi Cable Network (India) Pvt Ltd was granted permission to operate as a multi‑system operator under Rule 11C of the Cable Television Network Rules, 1994 (as amended 2012). The permission was later cancelled because the Ministry of Home Affairs did not grant the required security clearance. The …

STATE OF UTTARAKHAND & ANR.versusRAJ KUMAR

2019 INSC 28Case Partly allowed

Raj Kumar worked as a daily‑wage beldar in the Uttarakhand PWD for about a year (June 1986‑May 1987) and was terminated without following the procedure prescribed under the Industrial Disputes Act. After a lapse of roughly 25 years he approached the Labour Court seeking reinstatement; the Labour …

C.B.I.versusPRATAP CHANDRA REDDY

2018 INSC 1186Disposed off

The Supreme Court heard a criminal appeal filed by the CBI against Pratap Chandra Reddy challenging a High Court order that had held the Foreign Contribution (Regulation) Act, 1976 (FCRA) applicable to offences also punishable under the Indian Penal Code. The matter was pending before the Chief …

LAJPAT & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1163Appeal(s) allowed

Lajpat and others were charged under Sections 420, 406 and 504 of the IPC. They filed an application under Section 482 of the Code of Criminal Procedure to quash the charge sheet. The Single Judge of the Allahabad High Court dismissed the application, relying solely on Supreme Court pronouncements …

STATE TRADING CORPORATION OF INDIA LTD.versusM/S GLOBAL STEEL HOLDING LIMITED & ORS.

2018 INSC 1162Disposed off

The State Trading Corporation (STC) entered into a tripartite agreement with Global Steel Holding Ltd. (GSHL) and Global Steel Philippines Inc. (GSPI) for the sale of steel coils, which later gave rise to settlement agreements under the Arbitration and Conciliation Act, 1996. GSHL and GSPI defaulted …

SURENDRA SINGH & ANR.versusSTATE OF UTTARAKHAND

2018 INSC 1148Dismissed

The appellants Surendra Singh and Ram Singh were convicted for the murder of shopkeeper Rajendra Kumar based on a series of circumstantial facts, including motive, being the last persons seen with the victim, recovery of stolen items and blood‑stained clothing at their homes, identification of those …

MEERA MISHRAversusSATISH KUMAR & ORS.

2018 INSC 1133Case Partly allowed

The dispute concerned the right to operate a Fair Price Shop in Sitapur, Uttar Pradesh, where the Sub‑Divisional Magistrate cancelled the licence of respondent No.1 and the Commissioner dismissed the subsequent appeals. Respondent No.1 filed a writ petition, and the High Court set aside both the SDM …

KANUBHAI BHAGVANBHAI NAYAKversusSTATE OF GUJARAT

2018 INSC 1130Leave granted

Kanubhai Bhagvanbhai Nayak was convicted of murder under Section 302 of the Indian Penal Code by a Sessions Court, and the Gujarat High Court affirmed the conviction. The appellant challenged the High Court's order, contending that it neither referenced nor evaluated the trial evidence nor recorded …

OMVEER SINGHversusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1134Leave granted

Omveer Singh appealed to the Supreme Court after a Single Judge of the Allahabad High Court dismissed his application under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint (Sections 498A, 323, 376 IPC and Sections 3 and 4 of the Dowry Prohibition Act). The High …

DR. JAGDISH PRASAD & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1135Leave granted

The appellants, Dr. Jagdish Prasad and others, filed a criminal complaint under IPC sections 498A and 323 and the Dowry Prohibition Act. They sought to quash the complaint and the proceedings by invoking Section 482 of the Code of Criminal Procedure. The Single Judge of the Allahabad High Court …

SANGEETA AGRAWAL & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1137Leave granted

The appellants filed an application under Section 482 of the Code of Criminal Procedure seeking to quash a charge sheet and criminal proceedings arising under IPC sections 498A, 304B and the Dowry Prohibition Act. The Single Judge of the Allahabad High Court dismissed the application without setting …

GEETA & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2018 INSC 1138Leave granted

Geeta and others filed an application under Section 482 of the Criminal Procedure Code seeking to quash the FIR and proceedings under Section 498A of the IPC. The Single Judge of the Allahabad High Court dismissed the application, relying only on legal principles and without detailing the factual …

MALLAPPA DEAD BY L.RS. & ORS.versusTHE SPECIAL LAND ACQUISITION OFFICER & ANR.

2018 INSC 1128Disposed off

The State of Karnataka acquired 24 acres of land in Hubli under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 for an industrial estate. The Special Land Acquisition Officer initially awarded compensation at Rs.500 per Gunta, which was challenged and the Reference Court fixed …

SHRI H.D. SHARMAversusNORTHERN INDIA TEXTILE RESEARCH ASSOCIATION

2018 INSC 1129Dismissed

The appellant, a workman, was dismissed for misconduct and the employer sought approval of the dismissal under Section 6E(2) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires that the workman be paid wages for one month before dismissal. The appellant claimed that his monthly wages …

JOHRA & ORS.versusSTATE OF HARYANA & ORS.

2018 INSC 1140Leave granted

The Punjab and Haryana High Court disposed of a writ petition filed by a Gram Panchayat seeking a fact‑finding inquiry and restoration of land allegedly encroached upon by private respondents, directing the Deputy Commissioner to act without hearing those private respondents. The private respondents …

ROSHINA TversusABDUL AZEEZ K.T. & ORS.

2018 INSC 1142Leave granted

The dispute concerned possession of a flat in Kozhikode between private individuals Roshina T (appellant) and Abdul Azeez K.T. (respondent No.1). While a civil suit for injunction was pending, the respondent filed a writ petition under Articles 226/227 of the Constitution seeking a mandamus …

MASROOR AHMAD KHANversusSTATE OF UTTARAKHAND & ORS.

2018 INSC 1132Leave granted

The appellant claimed to have been the highest bidder in a 1990 auction of residential quarter No.6 by the Nagar Palika and asserted that he had occupied the quarter since June 1990. He sought a direction under Section 35 of the Municipalities Act for the Nagar Palika to execute a sale deed in his …

SURESH CHANDRAversusU.P. AVAS EVAM VIKAS PARISHAD & ORS.

2018 INSC 1143Appeal(s) allowed

The appellant, Suresh Chandra, had bid the highest price for a 639.75 sq.m plot owned by Uttar Pradesh Avas Evam Vikas Parishad, but the Parishad re‑auctioned the land alleging the bids did not reflect market value. The appellant filed a writ petition challenging the re‑auction; the High Court …

SURJEET SINGH & ANR. ETC. ETC.versusSADHU SINGH & ORS.

2018 INSC 1136Dismissed

The Supreme Court heard civil appeals filed by Surjeet Singh and others against Sadhu Singh and others, challenging a Himachal Pradesh High Court order that remanded the matter to the first appellate court for fresh consideration of the first appeal and cross‑objection. The appellants contended that …

MANJU SAXENAversusUNION OF INDIA & ANR.

2018 INSC 1141Dismissed

Manju Saxena, a senior confidential secretary of HSBC Bank, was terminated after her post became redundant and she refused four alternate positions offered at the same pay scale, as well as a severance package. She raised an industrial dispute seeking an enhanced severance package, but the Central …

SANTOSH @ SANTOSH KUMARversusSTATE OF KERALA

2018 INSC 1069Leave Granted & Allowed

Santosh Kumar was convicted under Section 55(a) of the Kerala Abkari Act for the illegal seizure of spirit, along with two co‑accused, and was sentenced by the Sessions Court to five years of rigorous imprisonment and a fine of Rs.1 lakh. The Kerala High Court upheld the conviction but reduced the …

VIMLA DEVI & ORS.versusNATIONAL INSURANCE COMPANY LIMITED & ORS.

2018 INSC 1076Leave Granted & Allowed

The claimants, the wife and two minor children of a deceased bus passenger, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the insurer, driver and owner of the offending truck, seeking compensation for death. The Motor Accident Claims Tribunal dismissed the petition …

NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusSMT. SUJATHA

2018 INSC 1036Disposed off

Mallikarjuna, a driver employed by the North East Karnataka Road Transport Corporation, died of a heart attack while on duty on 6 April 1999. His widow filed a claim under the Workmen’s Compensation Act, 1923 and the Commissioner awarded Rs 3,79,120 with a direction that interest at 12% per annum …

MANAGEMENT, HINDUSTAN MACHINE TOOLS LTDversusGHANSHYAM SHARMA

2018 INSC 1016Case Partly allowed

The respondent, Ghanshyam Sharma, worked as a casual helper for Management, Hindustan Machine Tools Ltd. from 10 June 1976 to 30 July 1977 and was terminated by an oral order on 31 July 1977. The termination gave rise to an industrial dispute that was referred to the Labour Court, which awarded …

STATE OF KERALAversusRASHEED

2018 INSC 1021Appeal(s) allowed

The State of Kerala prosecuted eight accused, including Rasheed, for the murder of Satheesan. During trial, the defence counsel for accused No.2 sought to defer the cross‑examination of five prosecution witnesses under Section 231(2) of the Cr.P.C., arguing that it would reveal its strategy. The …

KALPANA VYASversusRAJ KUMAR RANGWANI

2018 INSC 1012Leave Granted & Allowed

The appellant, a landlady, sought eviction of her tenant under Section 9 of the Rajasthan Rent Control Act, claiming a bona‑fide need to use the premises for construction for her children and guests. The Rent Tribunal dismissed the petition, holding the landlady could meet her need elsewhere, but …

RAMVIRversusSTATE OF UTTAR PRADESH

2018 INSC 999Appeal(s) allowed

The appellant, Ramvir, was charged along with five others for surrounding a victim and firing shots that led to the victim's death. The Sessions Court acquitted all six accused of offences under Sections 148 and 149 of the Indian Penal Code (IPC) but convicted Ramvir under Section 302 IPC for …

BILAL HAJAR @ ABDUL HAMEEDversusSTATE REP. BY THE INSPECTOR OF POLICE

2018 INSC 945Dismissed

The appellant, A-6, was convicted under Section 120-B of the IPC for participating in a criminal conspiracy to murder Siva. The prosecution alleged that nine accused met at A-6's house on 1 September 1991, decided to kill Siva, and the murder was carried out on 5 September 1991 by some of the …

DASHRATH SINGH CHAUHANversusCENTRAL BUREAU OF INVESTIGATION

2018 INSC 940Appeal(s) allowed

The appellant, a DESU employee, was alleged to have demanded a bribe of Rs.4,000 from a complainant and to have directed the complainant to give the money to a co‑accused, who accepted it. The trial court acquitted both accused of conspiracy under Section 120‑B IPC but convicted the appellant under …

DR. S. K. JHUNJHUNWALAversusMRS. DHANWANTI KAUR & ANR.

2018 INSC 915Appeal(s) allowed

Dr. S.K. Jhunjhunwala performed a laparoscopic cholecystectomy on Mrs. Dhanwanti Kaur, but intra‑operatively discovered inflammation and converted to an open gall‑bladder removal. The patient alleged she had only consented to laparoscopy, claimed negligence and post‑operative ailments, and was …

HIYA ASSOCIATES & ORS.versusNAKSHATRA PROPERTIES PVT. LTD.

2018 INSC 893Case Partly allowed

The dispute arose from an eviction suit where the parties compromised, obligating the defendants to vacate the premises by a specified date and pay mesne profits for delay. The defendants failed to vacate, prompting the plaintiff to file an execution application which the executing court dismissed …

BISWAJIT SUKULversusDEO CHAND SARDA & ORS.

2018 INSC 874Leave Granted & Allowed

The plaintiff, a landlord, sued the tenant for arrears of rent and eviction of a shop premises under the Assam Urban Areas Rent Control Act. The trial court held that the tenant was indeed the plaintiff's tenant but found no default in rent payment, leading to dismissal of the suit. On appeal, the …

THE STATE OF KERALA & ANR.versusGOURI & ORS.

2018 INSC 869Dismissed

The State of Kerala appealed a High Court order that had allowed landowners (respondents) to claim exemption from vesting of their land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The dispute centered on whether the land was acquired by the respondents before the appointed …

STATE OF KERALA & ANR.versusJOSEPH & ANR.

2018 INSC 870Dismissed

The State of Kerala challenged the exemption granted by a Forest Tribunal to landowners (Joseph & others) over 14 acres of private forest, arguing that the land should vest in the State under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Tribunal had held that the owners' title …

VILASINIversusSTATE OF KERALA

[2018] 14 S.C.R. 1Leave granted

Vilasini, a woman living below the poverty line, was convicted under Section 8(1) and (2) of the Kerala Abkari (Amended) Act, 1997 for possessing three litres of arrack. The trial court sentenced her to six months of rigorous imprisonment and a fine of Rs 1 lakh, with a default three‑month simple …

STATE ROAD TRANSPORT CORPORATION, JAIPURversusSHRI PHOOL CHAND(DEAD) THROUGH LRS.

2018 INSC 843Case Partly allowed

The Rajasthan State Road Transport Corporation dismissed driver Phool Chand for dereliction of duties. The Labour Court set aside the dismissal, modified the punishment, reinstated him and ordered full back wages for 13 years, a decision upheld by the High Court. The Supreme Court held that back …

M. L. SINGLAversusPUNJAB NATIONAL BANK AND ANR.

2018 INSC 841Dismissed

The employee M.L. Singla was dismissed by Punjab National Bank after a domestic enquiry that found him guilty of consuming liquor on duty and causing a cash shortage. He challenged the dismissal before the Labour Court, which set aside the dismissal and awarded 50% back wages, but the High Court …

GHEWARCHAND & ORS.versusM/S MAHENDRA SINGH & ORS.

2018 INSC 840Case Allowed

The plaintiffs filed a civil suit in 1978 seeking declaration of title, a permanent injunction and possession of a property that had been attached by a City Magistrate on 23‑12‑1966. The trial court held the suit was within the limitation period and decreed in favour of the plaintiffs. The High …

MUNI REDDY & ANR.versusC. NAGARAJU & ORS.

2018 INSC 842Appeal(s) allowed

The appellants filed a suit for cancellation of a sale deed which was dismissed by the trial court and affirmed by two appellate courts. The parties later compromised, and the High Court disposed of the second appeal on that compromise. Defendant No.2 challenged the validity of the compromise, but …

UNA NAGAR PALIKAversusKALIBEN BALUBHAI MAKWANA & ANR.

2018 INSC 847Dismissed

The Una Nagar Palika (municipality) refused to grant pension benefits to five former employees who had retired after more than ten years of service and were members of the Gujarat Government Pension Scheme (GPF). The employees filed petitions in the Gujarat High Court, which directed the …

SUDARSAN PUHANversusJAYANTA KU. MOHANTY & ANR. ETC.

2018 INSC 850Case Partly allowed

The claimant, Sudarsan Puhan, suffered paraplegia after a motorcycle accident and obtained a compensation award of Rs.24,62,065 from the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. Both the claimant and the insurer appealed to the Orissa High Court; the insurer's appeal was …

NARAYANA GRAMANI & ORS.versusMARIAMMAL & ORS.

2018 INSC 802Appeal(s) allowed

The plaintiffs filed a suit for declaration and permanent injunction over a parcel of land, which the trial court decreed in their favour. The defendants appealed, first unsuccessfully, and then filed a second appeal before the Madras High Court. The High Court admitted the appeal by framing a …

MYSORE URBAN DEVELOPMENT AUTHORITYversusK.M. CHIKKATHAYAMMA & ORS.

2018 INSC 798Appeal(s) allowed

The Mysore Urban Development Authority (MUDA) had undertaken a land acquisition scheme which was later challenged by several writ petitioners. The Single Judge of the Karnataka High Court quashed the acquisition proceedings, prompting MUDA to file intra‑court appeals before the Division Bench. The …

STATE OF HARYANAversusRAJESH AGGARWAL & ANR.

2018 INSC 722Dismissed

A blast in the factory of M/s Kee Pharma Private Limited in Gurgaon on 27 June 1996 caused a stampede that killed seven workers. An FIR was lodged against the company’s shareholders/directors under Section 302 of the IPC, and the accused sought to quash the FIR by invoking Section 482 of the CrPC. …

FOOD CORPORATION OF INDIAversusGEN. SECY. FCI INDIA EMPLOYEES UNION & ORS.

2018 INSC 720Dismissed

The Food Corporation of India (FCI) employed 955 workers at its Chennai branch and disputed whether they were its employees or contract labourers hired through a cooperative society. The workers' union claimed they were permanent employees entitled to regularisation under the Industrial Disputes …

K.K. SURESH & ANR. ETC.versusFOOD CORPORATION OF INDIA & ORS. ETC.

2018 INSC 720Dismissed

The appellants, who worked as clerical staff in the premises of the Food Corporation of India (FCI) since 1997, filed writ petitions seeking regularisation and absorption as FCI employees. FCI contended that the appellants were appointed by the Head Load Workers Co‑operative Society and not by FCI, …

KEHAR SINGH (D) THR. LRS & ORS.versusNACHITTAR KAUR & ORS.

2018 INSC 719Dismissed

The case concerned a sale of ancestral land by the father (Pritam Singh), who was the Karta of the Hindu joint family, to Tara Singh and Ajit Singh. The son, Kehar Singh, challenged the sale alleging that the father had no right to alienate the property without his consent and that there was no …

THE CORPORATION OF MADRAS & ANR.versusM. PARTHASARATHY & ORS.

2018 INSC 689Appeal(s) allowed

The respondents filed four suits for permanent injunction over a 3600 sq. ft. land parcel, which the trial court dismissed. In their first appeals they sought and were granted permission under Order 41 Rule 27 CPC to adduce additional evidence, which the appellate court admitted and relied upon to …

VED PAL (D) THROUGH LRS & ORS.versusPREM DEVI (D) THROUGH LRS & ORS.

2018 INSC 692Case Partly allowed

The High Court of Punjab & Haryana disposed of a second appeal in a civil suit on the basis of an alleged compromise, subsequently decreeing the suit. The appellants filed a review petition challenging this disposal, which the High Court dismissed. The Supreme Court held that the High Court had not …

VILAS DINKAR BHATversusSTATE OF MAHARASHTRA & ORS.

2018 INSC 691Appeal(s) allowed

The appellant, Vilas Dinkar Bhat, claimed that he belongs to the Thakar caste, a Scheduled Tribe, and sought a declaration to that effect. He approached the relevant Committee and the Bombay High Court, but both dismissed his claim, allegedly without considering all the documentary evidence he …

K.S. RAJAN (D) THROUGH LRSversusTHE STATE OF KERALA & ANR.

2018 INSC 693Case Partly allowed

The case involved the acquisition of 4.30 acres of land belonging to K.S. Rajan in Kottayam, Kerala, under a 1980 notification issued under Section 4 of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs.4631 per cent for dry land, Rs.1725 per cent for …

STATE OF MADHYA PRADESHversusGANGABISHAN @ VISHNU & ORS.

2018 INSC 644Dismissed

The State of Madhya Pradesh prosecuted nine accused for the death of Rajesh, who was shot in the left thigh during a dispute over cattle and crop damage. The trial court convicted all under sections 302/149, 325/149, 147, 148 and 440 IPC, but the High Court acquitted eight of them, retaining only a …

CENTRAL BOARD OF TRUSTEESversusM/S INDORE COMPOSITE PVT. LTD.

2018 INSC 643Appeal(s) allowed

The Central Board of Trustees (CBT) issued summons under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, directing M/s Indore Composite Pvt. Ltd. to pay outstanding provident fund contributions for 2005-06 and later ordered damages under Section 14B. The EPF Appellate Tribunal …

CURRENCY NOTE PRESS & ANR.versusN. N. SARDESAI & ORS.

2018 INSC 625Dismissed

The Currency Note Press, a government-owned corporation, was sued by 17 former employees who claimed overtime wages for work done between 1986 and 1990 under Section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court dismissed their applications, but the Bombay High Court set aside that …

LALIT YADAVversusTHE STATE OF CHHATTISGARH

2018 INSC 585Dismissed

The petitioner was convicted by the trial court and affirmed by the High Court for offences under Sections 376 and 342 of the IPC. In both judgments, the victim (PW‑2) was named throughout, which the Supreme Court held to be inconsistent with Section 228‑A of the IPC that protects the identity of …

SHYAM NARAYAN PRASADversusKRISHNA PRASAD AND ORS.

2018 INSC 556Dismissed

The case concerned a partition of ancestral Hindu Mitakshara property of Gopalji Prasad among his sons, after which the share allotted to defendant No.2 was claimed to be ancestral for his sons and grandson. The plaintiffs sought to set aside an exchange deed executed between defendant No.1 and …

VIJAY ARJUN BHAGAT & ORS.versusNANA LAXMAN TAPKIRE & ORS.

2018 INSC 491Appeal(s) allowed

The appellants filed a civil suit seeking declaration of ownership of certain properties. The trial court dismissed the suit, but the first appellate court set it aside in their favour. The respondents appealed to the High Court, which admitted the second appeal and framed six substantial questions …

MADAN MOHANversusSTATE OF RAJASTHAN & ORS.

2017 INSC 1233Appeal(s) allowed

Madan Mohan filed an application under Section 193 CrPC seeking the summoning of Ashish Meena and Vimal Meena as accused in a case already pending against two other persons. The Sessions Judge issued non‑bailable warrants against the two respondents. They filed a revision under Section 197 CrPC in …

UNION OF INDIAversusM/S. SUSAKA PVT. LTD. & ORS.

2017 INSC 1203Dismissed

The Union of India entered into a works contract with Mis. Susaka Pvt. Ltd. and, after disputes arose, the matter was referred to an arbitral tribunal which awarded damages and interest on several claims. The Union challenged the award of interest under Section 34 of the Arbitration and Conciliation …

NASIRUDDIN & ANR. ETC.versusTHE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS

2017 INSC 1191Dismissed

The Municipal Corporation of Meerut awarded contracts to several appellants for the collection of "Tehbazari" (a local toll) and parking fees. The appellants challenged the demand of the Collector of Stamps that the contracts be treated as leases and attract stamp duty at Rs.70 per thousand. The …

BALWANT VITHAL KADAMversusSUNIL BABURAOI KADAM

2017 INSC 1170Dismissed

The respondent sued the appellants for specific performance of two agreements to sell a share of land, having paid earnest money but no deed was executed. The trial court dismissed the suit, but the first appellate court set aside that decree and ordered specific performance. The appellants …

REVANASIDDAYYAversusGANGAMMA @ SHASHIKALA & ANR.

2017 INSC 1171Disposed off

The appellant purchased land from the original owner, Veerabasayya, and was given possession after paying earnest money, but the owner died before the sale deed was executed. The respondents, as legal heirs, sued for a declaration of ownership and possession, and the trial court declared them owners …

C. VENKATA SWAMYversusH. N. SHIVANNA (D) BY L.R. & ANR. ETC.

2017 INSC 1166Appeal(s) allowed

The appellant filed suit O.S. No. 6640/1996 for declaration and injunction over a piece of land, while the respondent filed a cross‑suit O.S. No. 2150/1992; both suits were clubbed and the trial court dismissed the appellant's suit and decreed the cross‑suit. The appellant then filed two first …

SMT. BAYANABAI KAWAREversusRAJENDRA S/O BABURAO DHOTE

2017 INSC 1136Dismissed

The plaintiff purchased a plot from a housing cooperative society by a registered sale deed dated 29‑12‑1981 and was placed in possession. The defendant later encroached on the land and erected a hut, prompting the plaintiff to sue for possession and mesne profits. The trial court and first …

POORANLAL & ANRversusTHE STATE OF MADHYA PRADESH

2017 INSC 1051Dismissed

The case arose from the beating of Hariya on 30 August 1990 by five persons, including Pooranlal and Gaya Prasad, who later died after 14 days of injuries. The trial court acquitted all five accused, but the High Court set aside the acquittal of Pooranlal and Gaya Prasad, convicting them under …

BIR WATI & ORS.versusUNION OF INDIA & ANR.

2017 INSC 762Disposed off

The appellants, legal representatives of a deceased landowner, sought to challenge the compensation awarded under the Land Acquisition Act, 1894, after their reference application under Section 18 was dismissed as time‑barred. They argued that, despite the dismissal, they were entitled to file an …

HAMEED KUNJUversusNAZIM

2017 INSC 623Appeal(s) allowed

The landlord (appellant) owned eight shops and sought eviction of tenants, including the respondent, under the Kerala Buildings (Lease and Rent Control) Act, 1965 on the ground of bona‑fide need. After a protracted litigation spanning more than a decade, the trial court finally passed an eviction …

MRLGANK JOHRL & ORS.versusUNION OF INDIA & ORS.

2017 INSC 596Dismissed

The appellants, junior engineers (Electrical) originally appointed in All India Radio, were deputed to the Postal Department and later opted for permanent absorption on terms that they would be deemed new recruits and their seniority would not be counted. After the seniority list was published, they …

VITHAL RAO & ANR. ETC.versusTHE SPECIAL LAND ACQUISITION OFFICER

2017 INSC 595Case Partly allowed

The State acquired about 30 acres of land in Mudhol village for a rehabilitation centre under the Land Acquisition Act, 1894. The land owners challenged the market value fixed by the Special Land Acquisition Officer and the reference court, claiming a higher rate based on sale deeds of nearby plots. …