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ABHAY MANOHAR SAPRE

231 judgments · newest first · showing 201–231

STATE OF HIMACHAL PRADESH AND OTHERSversusSATPAL SAINI

2017 INSC 1260Appeal(s) allowed

The Himachal Pradesh High Court directed the State Government to amend Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, within ninety days so that non‑agriculturist Himachalis could purchase agricultural and non‑agricultural land. The State challenged this direction, arguing …

KHOKAN GIRI @ MADHABversusSTATE OF WEST BENGAL

2016 INSC 1086Dismissed

The appellant, Khokan Giri, was convicted along with three others for the murder and robbery of an elderly couple in Kolkata, based largely on the confessional statement of an accomplice, Raju Rao, who became an approver. The appellant challenged the conviction, arguing that the High Court gave …

ASOKE KUMAR CHAUDHURI AND OTHERSversusKUNAL SAHA AND ANOTHER

2016 INSC 1076Appeal(s) allowed

The complainant alleged that three doctors were negligent, leading to his wife's death, and that the Inquiry Committee of the West Bengal Medical Council deliberately ignored expert reports to shield the doctors. He filed a criminal complaint against the Committee members under IPC sections 201, …

GOVT. OF BIHAR AND ORS. ETC. ETC.versusDAYANAND SINGH ETC. ETC.

2016 INSC 931Disposed off

The State of Bihar amended its judicial service rules in 2009 to introduce reservation for various backward classes, but the High Court quashed the amendments on the ground that the State had not undertaken the constitutionally mandated consultation with the High Court under Articles 233 and 234. …

R. VENKATA RAMUDU & ANOTHER ETCversusSTATE OF A.P & OTHERS

2016 INSC 917Appeal(s) allowed

The petitioners were temporarily appointed as Assistant Executive Engineers by direct recruitment on 18‑April‑1992 and were placed on probation for two years within a continuous period of three years under Rule 6(2) of the Andhra Pradesh Engineering Service Rules, 1967. They were required to pass …

HARYANA STATE & ANR.versusGRAM PANCHAYAT VILLAGE KALEHRI

2016 INSC 451Appeal(s) allowed

The State of Haryana filed a second appeal against a judgment that declared a Gram Panchayat the owner of a 36-kanal piece of land. The High Court dismissed the appeal in limine, holding that it did not raise a substantial question of law under Section 100 of the Code of Civil Procedure. The Supreme …

JAGDISHversusSTATE OF HARYANA

2016 INSC 456Dismissed

The case arose from a street fight between two families on 15 June 2001, during which the appellant Jagdish, armed with a lathi, struck the deceased Zile Singh, leading to his death, and caused injuries to three others. Jagdish was convicted by the Sessions Court under Section 304 Part II and …

MAHIMAN SINGHversusSTATE OF UTTARAKHAND

2016 INSC 466Dismissed

The police stopped a jeep at a check post in Pithoragarh and, after offering to search and in the presence of a gazetted officer and a magistrate, seized 2.1 kg of charas from a boy identified as Mahiman Singh, constituting a commercial quantity under the NDPS Act. He was charged under Section 20 of …

STATE OF HARYANAversusHUSSAIN

2016 INSC 447Dismissed

The State of Haryana charged Hussain and another accused with house‑breaking, theft and causing death under IPC sections 380, 457 and 460 after a night raid that resulted in the death of the complainant's husband. The trial court convicted both accused and sentenced them to rigorous imprisonment. On …

M/S. SUNDARAM FINANCE LIMITEDversusNOORJAHAN BEEVI AND ANOTHER

2016 INSC 452Dismissed

M/s. Sundaram Finance Ltd., a hire‑purchase financier, sued Noorjahan Beevi and her husband for the balance of Rs.40,138 after seizing and selling a financed vehicle. The borrowers defaulted on the instalment payment on 20 May 1984, after which the financier seized the vehicle on 9 February 1985 and …

RAJU DEVADEversusSTATE OF MAHARASHTRA

2016 INSC 455Dismissed

The appellant Raju Devade was convicted of murder under Section 302 IPC for allegedly pouring kerosene on an 18‑year‑old girl (Baby) and setting her ablaze. The prosecution relied on the victim’s oral statement to the police and two dying declarations recorded by an Executive Magistrate in …

STATE OF RAJASTHANversusJAG RAJ SINGH @ HANSA

2016 INSC 444Dismissed

The State of Rajasthan appealed the acquittal of Jag Raj Singh (alias Hansa) for possession of opium recovered from a jeep. The Supreme Court examined whether the police complied with the mandatory provisions of Sections 42(1) and 42(2) of the NDPS Act when they acted on secret information and …

UNITED INDIA INSURANCE CO. LTD.versusLEISURE WEAR EXPORTS LTD.

2016 INSC 445Dismissed

Leisure Wear Exports Ltd. (the respondent) purchased an open marine cargo insurance policy from United India Insurance Co. Ltd. (the appellant) and later suffered loss of goods during transit to Moscow. The loss was reported, and the consignee (M/s Magna Overseas) authorized the respondent to file a …

SEKHAR SUMAN VERMAversusTHE SUPERINTENDENT OF N.C.B. & ANR.

2016 INSC 449Dismissed

The appellant was convicted under Section 21 of the NDPS Act for possession of 250 grams of heroin seized during a raid by N.C.B. officers at his residence. The raid was led by a gazetted officer, and the appellant was offered in writing a choice to be searched by a gazetted officer or a magistrate, …

KALIDAS CHUNLLAL PATEL (DEAD) BY L.RS.versusSAVITABEN & ORS.

2016 INSC 448Appeal(s) allowed

Kalidas Chunnilal Patel, deceased and represented by his legal heirs, sued his tenant Ranchhodbhai Govindbhai for arrears of rent, notice charges, mesne profits and eviction on the ground of bona‑fide personal need. During the suit, a government notification brought the Bombay Rents (Hotel and …

PRAFUL SUDHAKAR PARABversusSTATE OF MAHARASHTRA

2016 INSC 453Dismissed

The appellant, Praful Sudhakar Parab, a pay‑sheet clerk in the Maharashtra police, lured his colleague, Senior Clerk Prabhudas Narayan Raut, to the office on 7 December 1996 and the victim never returned. The victim’s wife and son testified that they saw the accused and the victim leave together …

M/S. EMM ENN ASSOCIATESversusCOMMANDER WORKS ENGINEER & ORS.

2016 INSC 454Appeal(s) allowed

M/s Emm Enn Associates (contractor) completed a security‑fencing contract for the Government in July 2000 and received payment on 10 April 2001 for the undisputed portion of the final bill. The contract provided a two‑year defect‑liability period for the Government to recover any over‑payment, but …

UNION OF INDIAversusK.V. LAKSHMAN & ORS.

2016 INSC 443Remitted to Lower Court

The Union of India filed a title suit claiming ownership of a plot of land, which the trial court dismissed on limitation and lack of evidence. The Union appealed under Section 96 of the CPC, also seeking to file additional evidence via Order 41 Rule 27, but the High Court dismissed the appeal in …

SUBHAN TOURS & TRAVEL SERVICESversusUNION OF INDIA

2016 INSC 433Disposed off

Private tour operators (PTOs) filed writ petitions under Article 32 seeking a mandamus directing the Union of India to accept their applications for registration as PTOs for the 2016‑17 Hajj tours and to grant them a right of first registration. The petitioners feared that their pending applications …

STATE OF RAJASTHANversusFIROZ KHAN @ ARIF KHAN

2016 INSC 429Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Firoz Khan, who was charged with murdering an 11‑year‑old girl under Section 302 IPC. The Sessions Court had acquitted him on the basis of a benefit of doubt. The State filed an application for leave to appeal under Section 378(3) of the Criminal …

R.P.S. YADAVversusCENTRAL BUREAU OF INVESTIGATION

2015 INSC 958Appeal(s) allowed

The appellant, a Municipal Corporation of Delhi employee, was accused of demanding a bribe of Rs.1,500 for issuing a licence. The CBI organised a trap involving the complainant, a shadow witness and a middle‑man who handed over the money, after which it was recovered. The trial court and the Delhi …

UNION OF INDIA & ORS.versusSCHAN LAL SAYAL & ORS.

2015 INSC 955Disposed off

The case concerned the promotion of thousands of Junior Telecommunication Officers (Junior Engineers) to Assistant Engineer posts and whether seniority for promotion should be based on the order of passing a departmental qualifying examination or the order of recruitment/entry. Earlier Supreme Court …

SWAPNA SUKUMAR & ORS.versusSTATE OF KERALA & ORS.

2015 INSC 950Appeal(s) allowed

The case concerned the appointment of High School Assistant (Physical Sciences) in Kerala. The appellants, who held Chemistry degrees (some with post‑graduation) and B.Ed. in Physical Sciences, were initially placed in the Service Commission’s ranking list but later had their names deleted. The High …

RAJINDER SINGHversusSTATE OF HARYANA

2014 INSC 884Case Partly allowed

The appellant Rajinder Singh was convicted for the murder of Suraj Mal and Shri Ram and for violating Section 27 of the Arms Act after a violent altercation following a Holi celebration. The incident involved a quarrel between a juvenile and another party, after which the appellant allegedly fired …

MAHESH JOGIversusTHE STATE OF RAJASTHAN

2014 INSC 1043Disposed off

Mahesh Jogi was convicted for an offence committed on 20 January 1985 when he was 17 years and 4 months old. The conviction and sentence were imposed before the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force. The Supreme Court was asked to determine whether Jogi …

NAND KLSHOREversusSTATE OF M.P.

2014 INSC 1041Case Allowed

The petitioner, convicted under Section 302 of the IPC for a murder committed on 18 June 1997, claimed that he was only 17 years old at the time of the offence and therefore entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Supreme Court examined …

SRI PRABIN RAM PHUKAN &ANR.versusSTATE OF ASSAM & ORS.

2014 INSC 860Appeal(s) allowed

The appellants, co‑landholders of a 59‑bigha estate in Assam, failed to pay Rs 731.70 land revenue, leading the Deputy Commissioner to auction the land under Section 70 of the Assam Land and Revenue Regulation, 1886. No proper notice of demand or sale was served on the appellants, and the auction …

DHIANKAURversusEAST PUNJAB URBAN RENT RESTRICTION ACT, 1949

2014 INSC 1021Disposed off

The landlady Dhiankaur filed eviction proceedings against tenant Prem Pal Sran under the East Punjab Urban Rent Restriction Act, 1949, alleging arrears of rent from December 1994. The Rent Controller and the Appellate Authority both held that the agreed rent was Rs.1,500 per month and that the …