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ALTAMAS KABIR

328 judgments · newest first · showing 1–200

DHARAM PAL & ORS.versusSTATE OF HARYANA & ANR.

2013 INSC 479Disposed off

The Supreme Court examined whether a magistrate, after receiving a police report under Section 173(3) CrPC, could disagree with the report, issue summons to persons listed in column 2 and either try them or commit the case to a Sessions Court, and whether the Sessions Court could, upon committal, …

CHRISTIAN MEDICAL COLLEGE VELLORE & ORSversusUNION OF INDIA AND ORS.

2013 INSC 482Case Allowed

The Supreme Court examined four notifications issued by the Medical Council of India (MCI) and the Dental Council of India (DCI) that introduced a single National Eligibility-cum-Entrance Test (NEET) for admission to MBBS, BDS and postgraduate medical courses. Petitioners, including Christian …

YASHWANT SINGH & ORS.versusSTATE OF BIHAR & ORS.

2013 INSC 481Disposed off

The Supreme Court dealt with a series of Special Leave Petitions and contempt proceedings filed by trained teachers seeking appointment to vacant primary teacher posts in Bihar. The State of Bihar had given an undertaking in 2006 to recruit these teachers, but failed to fulfil it, prompting contempt …

FACULTY ASSOCIATION OF AIIMSversusUNION OF INDIA & ORS.

2013 INSC 480Disposed off

The Faculty Association of AIIMS challenged the application of reservation policy to specialty and super‑specialty faculty posts at the All India Institute of Medical Sciences, invoking Articles 15, 16 and 335 of the Constitution. The Court examined whether the rule of reservation could be extended …

JAGDISH PRASAD SHARMA ETC. ETC.versusSTATE OF BIHAR & ORS.

2013 INSC 475Disposed off

The Supreme Court examined whether the University Grants Commission (UGC) could, through regulations under the UGC Act, impose a composite scheme that revised pay scales and raised the retirement age of teachers from 62 to 65 years on State universities and colleges. The petitioners argued that the …

SALIL BALIversusUNION OF INDIA & ANR.

2013 INSC 474Dismissed

The Supreme Court heard a batch of writ petitions challenging Sections 2(k), 2(1), 15, 16, 17, 19 and 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000, on the ground that the age limit of 18 years for juveniles was arbitrary and violated Articles 14 and 21 of the Constitution, …

SUBHASH POPATLAL DAVEversusUNION OF INDIA & ANR.

2013 INSC 467Disposed off

The Supreme Court considered a batch of writ petitions challenging preventive detention orders issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the National Security Act, 1980. The petitioners, many of whom had absconded or evaded …

STATE OF MAHARASHTRA & ANR.versusINDIAN HOTEL & RESTAURANTS ASSN. & ORS

2013 INSC 470Dismissed

The Maharashtra government amended the Bombay Police Act, 1951 by inserting sections 33A and 338 to prohibit any dance performance in eating houses, permit rooms and beer bars while exempting certain establishments such as three‑star hotels and members‑only clubs. The amendment was challenged on the …

M/S. HOTEL QUEEN ROAD PVT. LTD. & ORS.versusMR. RAM PARSHOTAM MITTAL & ORS.

2013 INSC 468Dismissed

The Delhi High Court, after substantially hearing an appeal, allowed the appellants to withdraw the appeal and extended the interim relief granted earlier until 10 May 2010. The appellants contended that the High Court, having become functus officio upon permitting withdrawal, could not lawfully …

MOHD. JAMALversusUNION OF INDIA & ANR.

2013 INSC 448Disposed off

The petitioners, who were land owners, applied for petroleum retail outlet dealerships under a 2002 policy that later was suspended. They entered into long‑term lease deeds and maintenance‑handling contracts with Indian Oil and IBP, investing substantial sums, and claimed that the oil companies were …

KAMLESH C. SHAH & ORS.versusSTATE OF MAHARASHTRA AND ORS.

2013 INSC 421Dismissed

The petitioners sought an interim order declaring that the acquisition of a "cessed" building by MHADA under Chapter VIII‑A of the Maharashtra Housing and Area Development Act, 1976 was no longer necessary, as the landlord and tenants had entered into a development agreement while the substantive …

C.V. FRANCISversusUNION OF INDIA & ORS.

2013 INSC 419Dismissed

C.V. Francis, a manager of Bokaro Steel Ltd (later SAIL), applied for voluntary retirement under a scheme introduced by the employer on 7 April 1998. Before his application was accepted, he travelled to the United States, obtained another job and repeatedly sought leave, which was denied. The …

PRADIP KUMAR MAITYversusCHINMOY KUMAR BHUNIA & ORS.

2013 INSC 373Dismissed

The appellant, a 60% hearing‑impaired candidate, secured the first merit for a Group ‘D’ non‑teaching post in a West Bengal school and was appointed, but the second‑ranked respondent challenged the appointment on the ground that the appellant had exceeded the prescribed upper age limit. The …

CHRISTIAN MEDICAL COLLEGE VELLORE & ORSversusUNION OF INDIA AND ORS.

2013 INSC 344Disposed off

The Supreme Court examined the validity of a 2010 notification issued by the Medical Council of India (MCI) introducing the National Eligibility Entrance Test (NEET) for admission to postgraduate medical courses across India. Petitioners challenged the MCI's competence under the Indian Medical …

M/S TODAY HOMES & INFRASTRUCTURE PVT. LTD.versusLUDHIANA IMPROVEMENT TRUST & ANR.

2013 INSC 340Disposed off

The dispute arose between M/s Today Homes & Infrastructure Pvt. Ltd. (and Mapletree Properties) and the Ludhiana Improvement Trust over a joint‑venture agreement dated 24‑05‑2005, which the Trust later claimed was void. The developers filed an application under Section 11(6) of the Arbitration and …

ANTRIX CORP. LTD.versusDEVAS MULTIMEDIA P. LTD.

2013 INSC 337Dismissed

Antrix Corp. Ltd. and Devas Multimedia entered into an agreement containing an arbitration clause that required disputes to be referred to senior management and, failing that, to an arbitral tribunal governed by ICC or UNCITRAL rules, with the seat in New Delhi and Indian law as the governing law. …

VIDYA DHAR & ORS.versusMULTI SCREEN MEDIA PVT. LTD.

2013 INSC 301Dismissed

Three petitioners convicted in the Junior Basic Trained (JBT) teachers recruitment scam appealed their convictions before the Delhi High Court. While the appeal was pending, the respondent, a television producer, sought to broadcast a dramatized episode of "Crime Patrol Dastak" depicting the scam. …

REPUBLIC OF ITALY & ORS.versusUNION OF INDIA & ORS.

2013 INSC 282Disposed off

Two Italian marines were arrested by Kerala police for killing two Indian fishermen 20.5 nautical miles off the Kerala coast. The Supreme Court earlier held that the State of Kerala lacked jurisdiction and that only the Union of India could investigate and try the marines, pending a determination of …

ASHRAFI AND ORS.versusSTATE OF HARYANA AND ORS.

2013 INSC 240Disposed off

The Supreme Court heard a batch of appeals concerning compensation for lands acquired under the Land Acquisition Act, 1894 in Haryana. The Court examined the method of determining market value, the appropriateness of deductions for development costs, the use of the belting system, and the manner of …

AYURVED SHASTRA SEVA MANDAL & ANR.versusUNION OF INDIA & ORS.

2013 INSC 135Dismissed

The Department of AYUSH refused permission to several Indian‑medicine colleges to admit students for the 2011‑12 academic year, citing deficiencies in infrastructure and teaching staff. The colleges challenged the refusal in the High Court, which dismissed their petitions, leading to Special Leave …

SURESH KUMAR BHIKAMCHAND JAINversusSTATE OF MAHARASHTRA & ANR.

2013 INSC 97Dismissed

The petitioners, a former minister and MLA, were arrested for alleged misappropriation of funds and charged under several IPC and Prevention of Corruption Act provisions. Although the charge‑sheet and a supplementary charge‑sheet were filed within the 90‑day period prescribed by Section 167(2) of …

REPUBLIC OF ITALY AND ORS.versusUNION OF INDIA AND ORS.

2013 INSC 43Disposed off

The case arose from an incident on 15 February 2012 when two Italian naval officers aboard the merchant vessel M.V. Enrica Lexie fired on an Indian fishing boat 20.5 nautical miles off the Kerala coast, killing two fishermen. The Kerala police lodged an FIR under the Indian Penal Code and arrested …

SPEAKER, ORISSA LEGISLATIVE ASSEMBLYversusUTKAL KESHARI PARIDA

2013 INSC 38Dismissed

Four legislators elected on a National Congress Party (NCP) ticket defected to the ruling Biju Janata Dal (BJD) in the Orissa Legislative Assembly. The NCP state president filed disqualification petitions before the Speaker under the Orissa Legislative Assembly (Disqualification on Ground of …

GHULAM NABI DAR & ORS.versusSTATE OF J&K & ORS.

2013 INSC 2Disposed off

The appellants, long-time occupants of certain lands, challenged a 1980 notification under Section 6 of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 that declared the lands evacuee property vested in the Custodian. They claimed to be protected tenants‑at‑will existing …

PRADIP KUMARversusUNION OF INDIA AND ORS.

2012 INSC 612Disposed off

Pradip Kumar, a Judicial Member of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) appointed directly from the Bar, was discharged from service on 20 November 2009 under Rule 8(3) of the Tribunal Rules, allegedly in response to a complaint by members of the Bar and a report by the …

AKHILESH YADAV ETC. ETC.versusVISHWANATH CHATURVEDI & ORS.

2012 INSC 607Disposed off

The Supreme Court reviewed a 2007 order that directed the Central Bureau of Investigation (CBI) to inquire into alleged disproportionate assets of a political family and to submit its report to the Union of India. The petitioners sought a review, arguing that the Court lacked jurisdiction to order a …

PURNO AGITOK SANGMAversusPRANAB MUKHERJEE

2012 INSC 573Dismissed

In the 2012 presidential election, petitioner Purno Agitok Sangma challenged the election of Pranab Mukherjee on the ground that Mukherjee held two "offices of profit" – Chairman of the Indian Statistical Institute (ISI) and Leader of the House in the Lok Sabha – at the time of filing his …

AJAY MAKENversusADESH KUMAR GUPTA & ANR.

2012 INSC 577Disposed off

The Delhi High Court dismissed an election petition challenging the 2009 Lok Sabha election of Ajay Maken on grounds of alleged corrupt practices. The appellant argued that the petition should be thrown out for (i) the copy served on him not being a true copy under Section 81(3) of the …

VIPUL SHITAL PRASAD AGARWALversusSTATE OF GUJARAT & ANR.

2012 INSC 508Dismissed

Dr. Vipul Shital Prasad Agarwal, a Superintendent of Police, was arrested in connection with FIR No.115 of 2006 concerning a alleged fake encounter. The Supreme Court had directed the CBI to take over the investigation and the CBI registered a fresh FIR, but the original charge‑sheet filed under the …

SAYED MOHD. AHMED KAZMIversusSTATE, GNCTD & ORS.

2012 INSC 487Appeal(s) allowed

The appellant, Sayed Mohd. Ahmed Kazmi, was arrested in connection with an alleged bomb attack and was placed in police and then judicial custody. After the initial 90‑day period expired, the Chief Metropolitan Magistrate extended his custody for another 90 days with retrospective effect, despite …

SPEAKER HARYANA VIDHAN SABHAversusKULDEEP BISHNOI & ORS.

2012 INSC 437Disposed off

Five Haryana MLAs merged with the Indian National Congress and the Speaker accepted the merger. Kuldeep Bishnoi filed disqualification petitions under Article 191 and the Tenth Schedule, alleging the merger violated paragraph 4(1). The High Court, invoking Order 41 Rule 33 CPC, directed the Speaker …

M/S NEW HORIZON SUGAR MILLS LTD.versusGOVT. OF PONDICHERRY TH. ADDL. SEC. & ANR.

2012 INSC 430Dismissed

New Horizon Sugar Mills Ltd and its directors, who had guaranteed a bank loan, defaulted and faced attachment of their properties under the Pondicherry Protection of Interest of Depositors in Financial Establishments Act, 2004. They challenged the validity of that Act and a government order …

BENARSI KRISHNA COMMITTEE AND ORS.versusKARMYOGI SHELTERS PVT. LTD.

2012 INSC 416Dismissed

The dispute arose from an arbitral award dated 12 May 2004, which was sent to the respondent's counsel rather than to the respondent itself. The respondent filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, more than nine months after the award was received by counsel, …

SALAUDDIN AHMED & ANR.versusSAMTA ANDOLAN

2012 INSC 359Appeal(s) allowed

The Rajasthan Government issued notifications granting reservation in promotion for Scheduled Castes and Scheduled Tribes, which were later quashed by the Rajasthan High Court because the State had not complied with the quantifiable data requirements laid down in M. Nagaraj's case. General‑category …

DEVINDER SINGH NARULAversusMEENAKSHI NANGIA

2012 INSC 348Appeal(s) allowed

The husband and wife were married on 26 March 2011 but lived apart from the outset, and the husband filed a petition under Section 12 of the Hindu Marriage Act seeking a declaration of nullity within three months. During mediation the parties agreed to dissolve the marriage by mutual consent and …

RAJU JHURANIversusM/S GERMINDA PVT. LTD.

2012 INSC 335Case Partly allowed

The landlord, Raju Jhurni, obtained an eviction decree against the tenant company under the West Bengal Premises Tenancy Act, 1956, but the decree did not determine the arrears of rent. He then filed a winding‑up petition before the Company Court under Sections 433, 434 and 439 of the Companies Act, …

SUPREME COURT BAR ASSOCIATION & ORS.versusB.D. KAUSHIK

2012 INSC 336Case Partly allowed

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocate‑on‑Record Association (SCAORA) filed IA No.6 seeking clarification of a judgment dated 20 July 2012 that applied the "ONE BAR ONE VOTE" principle to bar‑association elections. The earlier judgment excluded from voting in SCBA …

M/S. OPTIEMUS INFRACOM LTD. ETC.versusM/S. ISHAN SYSTEMS PVT. LTD. & ANR.

2012 INSC 313Disposed off

The appellants challenged a writ petition filed by the respondents before the Allahabad High Court that sought to quash an order of the Debt Recovery Tribunal (DRT) Delhi approving the auction of the respondents' property under the SARFAESI Act. The High Court, after finding no ground to interfere …

BUDHADEV KARMASKARversusSTATE OF WEST BENGAL

2012 INSC 306

The Union of India sought modification of a Supreme Court order that had constituted a Committee to examine rehabilitation of sex workers. It prayed to delete the Durbar Mahila Samanwaya Samiti from the Committee, alleging the Samiti advocated repeal of the Immoral Traffic (Prevention) Act, 1956 and …

SUPREME COURT BAR ASSOCIATION & ORS.versusB.D. KAUSHIK

2012 INSC 297Disposed off

The Supreme Court Bar Association (SCBA) sought clarification on the criteria devised by its Implementation Committee to identify members who regularly practice before the Supreme Court and are therefore eligible to vote in SCBA elections under the "One Bar One Vote" principle. Various suggestions …

NITIN GUNWANT SHAHversusINDIAN BANK & ORS.

2012 INSC 275Dismissed

The petitioner, Nitin Gunwant Shah, claimed to be a monthly tenant of a flat in Mumbai based on a 1989 "Leave and Licence" agreement and sought a declaration to that effect. The Indian Bank, holding a mortgage over the same property, obtained a decree for recovery of dues and sought to sell the …

SUBHASH POPATLAL DAVEversusUNION OF INDIA AND ANR.

2012 INSC 276Hearing Adjourned

The bench examined several writ petitions challenging preventive detention orders at the pre‑execution stage. The petitioners argued that, under the Right to Information Act, 2005, a detenu should be furnished with the grounds of detention before arrest, and that the five exceptions laid down in …

COX & KINGS LTD.versusINDIAN RLY. CATERING & TOURISM CORPORATION LTD. & ANR.

2012 INSC 270Dismissed

Cox & Kings Ltd. entered into a joint‑venture with IRCTC to operate a luxury tourist train under a lease of the train to the joint‑venture company. IRCTC later terminated the lease, prompting Cox & Kings to invoke Section 9 of the Arbitration and Conciliation Act, 1996 seeking a stay of termination …

MAHARASHTRA STATE BOARD OF WAKFSversusSHAIKH YUSUF BHAI CHAWLA & ORS.

2012 INSC 229

The Supreme Court examined several Special Leave Petitions challenging the Bombay High Court's interim order that, pending the constitution of a proper Maharashtra State Board of Wakfs under the Wakf Act, 1995, the Charity Commissioner should continue to administer Muslim Wakf properties. The Court …

SUPREME COURT BAR ASSOCIATION & ORSversusB.D. KAUSHIK

2012 INSC 203Disposed off

The Supreme Court Bar Association (SCBA) had been directed by the Supreme Court in 2011 to identify regular practitioners for voting rights under the "One Bar One Vote" principle. While the Implementation Committee was carrying out this task, the SCBA held a General Body Meeting on 16 January 2012 …

SUPER CASSETTES INDUSTRIES LTD.versusMUSIC BROADCAST PVT. LTD.

2012 INSC 200Appeal(s) allowed

The Supreme Court examined whether the Copyright Board, under Section 31(1)(b) of the Copyright Act, 1957, could grant an interim compulsory licence while a complaint was pending. The Board had earlier held it lacked such power, but the Delhi High Court reversed that view and directed the Board to …

ISHWARDAS ROHANIversusALOK MISHRA & ORS.

2012 INSC 198Matter referred to larger bench

The appellant, a returned candidate, challenged an election petition filed by the respondent alleging corrupt practices under Sections 123 of the Representation of the People Act, 1951. The High Court, despite noting deficiencies in the petition, directed the respondent to amend the pleadings and …

P.A. MOHAMMED RIYASversusM.K. RAGHAVAN & ORS.

2012 INSC 192Dismissed

The appellant, P.A. Mohammed Riyas, contested the 2009 Lok Sabha election from Kozhikode and filed an election petition alleging that the respondent, M.K. Raghavan, committed corrupt practice by publishing false statements, invoking Sections 81, 100, 101 and 123 of the Representation of the People …

DESIYA MURPOKKU DRAVIDA KAZHAGAM & ANR.versusTHE ELECTION COMMISSION OF INDIA

2012 INSC 176Dismissed

The petitioners, including Desiya Murpokku Dravida Kazhagam, challenged the constitutional validity of the 2000 amendment to the Election Symbols (Reservation and Allotment) Order, 1968, which required a political party to secure at least 6% of the state's valid votes and win at least two …

MAHESHWARI PRASAD & ORS.versusSTATE OF JHARKHAND & ORS.

2012 INSC 165Dismissed

The State of Jharkhand advertised 350 vacancies for police drivers, requiring candidates to hold a licence for heavy motor vehicles or a combined licence for light and heavy vehicles. The original merit list published on 29 May 2005 included the appellants, but a revised list on 23 August 2005 …

CHAUGULEversusBHAGWAT

2012 INSC 162Appeal(s) allowed

The appellant was elected to the Maharashtra Legislative Assembly. An independent candidate, Y, filed an election petition challenging the rejection of his nomination paper, but later withdrew the petition. Within fourteen days, Bhagwat, who had not contested the election, applied under Section …

RAJENDRA PRATAPRAO MANE & ORS.versusSADASHIVRAO MANDALIK K.T.S.S.K. LTD. & ORS.

2012 INSC 142Disposed off

The appellants complained that the Karkhana sugar factory had enrolled 6,617 persons who did not meet the eligibility criteria under the Maharashtra Co-operative Societies Act, 1960. After the Commissioner of Sugar failed to act, a writ petition led to an inquiry by the Regional Joint Director, who …

ASHOK SADARANGANI & ANR.versusUNION OF !NOIA & ORS.

2012 INSC 132Dismissed

The petitioners, who had obtained large credit facilities from two banks by allegedly submitting forged lease documents as collateral, defaulted on payments and were prosecuted for fraud and related offences. The banks later settled the civil dues through a one‑time settlement, and the petitioners …

BHUSHAN POWER AND STEEL LTD. AND ORS.versusSTATE OF ORISSA AND ANR.

2012 INSC 131Appeal(s) allowed

Bhushan Power & Steel Ltd. (appellant) entered into a Memorandum of Understanding (MOU) with the State of Orissa on 15 May 2002, wherein the State agreed to recommend iron‑ore mining leases for the appellant’s integrated steel plant. After restructuring of the Bhushan group, the State claimed the …

KISHOR KUMAR & ORS.versusPRADEEP SHUKLA & ORS.

2012 INSC 120Dismissed

The Supreme Court considered Special Leave Petitions challenging the selection of 766 pharmacist vacancies advertised by the Uttar Pradesh government. The petitioners argued that, despite higher merit, they were excluded because the State applied Rule 15(2) of the U.P. Pharmacists Service Rules, …

NTPC LIMITEDversusANSALDO CALDAIE BOILERS INDIA P. LTD. & ANR.

2012 INSC 93Appeal(s) allowed

NTPC Ltd invited bids for a super‑critical steam‑generator package and rejected the bid of Ansaldo Caldaie Boilers India Ltd on the ground that its proposed Qualified Steam Generator Manufacturer had not designed and engineered the evaporator, an integral part of the generator, but had outsourced …

KAPIL MUNI KARWARIYAversusCHANDRA NARAIN TRIPATHI

2012 INSC 92Dismissed

In the 51‑Phulpur Lok Sabha election, Kapil Muni Karwaria was declared elected after the Returning Officer rejected Chandra Narain Tripathi's nomination for lacking the required ten proposers under Section 33 of the Representation of the People Act, 1951, because the second proposer, Pramod Kumar, …

V.D. BHANOTversusSAVITA BHANOT

2012 INSC 79Disposed off

The petition arose from a dispute between V.D. Bhanot and his wife Savita Bhanot concerning relief under the Protection of Women from Domestic Violence Act, 2005. The wife filed a petition under Section 12 seeking residence and maintenance after being evicted from the matrimonial home, and the …

SUSANTA GHOSHversusSTATE OF WEST BENGAL

2012 INSC 74Disposed off

Susanta Ghosh, a sitting MLA, was named in a fourth FIR lodged nine years after a 2002 incident in which seven persons were killed. The earlier three FIRs and charge‑sheets did not mention him. He had earlier been granted anticipatory bail, but the trial court denied regular bail, prompting an …

YOGRAJ INFRAS. LTD.versusSSANG YONG ENG. & CONSTRN. CO. LTD. & ANR.

2012 INSC 57Disposed off

Yograj Infra Ltd. furnished bank guarantees under a construction contract with Ssang Yong Engineering & Construction Co. Ltd. After the contract was terminated for alleged non‑performance and over‑payment, the respondent invoked the guarantees. Yograj filed a Section 9 application under the …

JOSHNA GOUDAversusBRUNDABAN GOUDA & ANR.

2012 INSC 58Appeal(s) allowed

In the 2007 election for Sarpanch of Kulagada Gram Panchayat, the appellant Joshna Gouda was declared elected. The respondent Brundaban Gouda filed an election petition under Sections 31 and 34 of the Orissa Gram Panchayat Act, 1964, alleging that the appellant was ineligible because she had not …

JEEVAN CHANDRABHAN IDNANI & ANR.versusDIVISIONAL COMMISSIONER, KONKAN BHAVAN & ORS.

2012 INSC 56Appeal(s) allowed

The case concerned the formation of a post‑poll "aghadi" (front) by councillors of the Ulhasnagar Municipal Corporation after municipal elections. The petitioners argued that the second proviso to sub‑section (2) of Section 31A of the Bombay Provincial Municipal Corporation Act, 1949 allows the …

ARUP DAS & ORS.versusSTATE OF ASSAM & ORS.

2012 INSC 54Dismissed

The Director of Land Records and Survey, Assam advertised 160 seats for the Assam Survey and Settlement Training Institute and selected 160 candidates. Subsequent lists of candidates were prepared, but the Government refused to approve them, prompting petitions. The petitioners argued that …

D. SUDHAKAR & ORS.versusD.N. JEEVARAJU & ORS.

2012 INSC 52Appeal(s) allowed

Five legislators were elected to the Karnataka Legislative Assembly in 2008 as independents. They supported the Bharatiya Janata Party (BJP) government and served as cabinet ministers, but withdrew their support in October 2010, prompting the Speaker to disqualify them under paragraph 2(2) of the …

RAMDAS BANSAL (D)versusKHARAG SINGH BAID & ORS.

2012 INSC 44Dismissed

The appellant, Ramdas Bansal, held a 21‑year lease of a building (Grace Cinema Hall) on premises in Kolkata and, after the lease expired, the respondents filed a suit for vacant possession and rectification of the lease description. Bansal sought to introduce documents alleging that the respondents …

BURDWAN CENTRAL COOPERATIVE BANK LTD.versusASIM CHATTERJEE & ORS.

2012 INSC 40Appeal(s) allowed

The appellant Burdwan Central Cooperative Bank dismissed Respondent No.1, a Grade‑III employee, on the ground of financial irregularities he allegedly committed while employed with an affiliated cooperative society (Raipur Krishi Unnayan Samity). The employee challenged the dismissal, arguing that …

A.V.M. SALES CORPORATIONversusM/S. ANURADHA CHEMICALS PVT. LTD.

2012 INSC 35Case Allowed

The parties entered into a supply agreement at Calcutta (place 'C') and a mutual understanding that any dispute would be litigated exclusively in Calcutta courts. When a dispute arose, the petitioner filed a suit in Calcutta, but the respondent filed a separate suit in Vijayawada (place 'V'), which …

MUNAGALA YADAMMAversusSTATE OF A.P. & ORS.

2012 INSC 6Appeal(s) allowed

The Supreme Court examined a detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986 against Munagala Anjaiah, who was alleged to be a bootlegger violating the Andhra Pradesh Prohibition Act, 1995. The appellant's wife challenged the order, and the High Court …

YUMMAN ONGBI LEMBI LEIMAversusSTATE OF MANIPUR & ORS.

2012 INSC 2Appeal(s) allowed

The appellant's husband, Yumman Somendro, was arrested in January 2011 for murder and, while in police custody, was served with a detention order under the National Security Act (NSA) dated 31 January 2011, which was later confirmed by the Governor for twelve months. The order was based solely on …

COAL MINES P.F. COMMR. THR. BOARD OF TRUSTEEversusRAMESH CHANDRA JHA

2012 INSC 3Dismissed

The Coal Mines Provident Fund Commissioner (appellant) challenged a Jharkhand High Court order that upheld a suit filed by a former lower‑division clerk (respondent) who had been removed from service. The central issue was whether the Commissioner, as a public officer under Section 2(17) of the Code …

YOGRAJ INFRASTRUCTURE LTD.versusSSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD.

2011 INSC 845Disposed off

An interlocutory application was filed by SSANG YONG Engineering & Construction Co. Ltd. seeking clarification and correction of several clerical errors in the Supreme Court's judgment dated 1 September 2011 in Civil Appeal No. 7562 of 2011. The applicant contended that paragraph 35 incorrectly …

DEEPTI BHANDARIversusNITIN BHANDARI & ANR.

2011 INSC 844Disposed off

The case involved a matrimonial dispute between Depti Bhandari and Nitin Bhandari, centering on visitation rights to their minor daughter after the mother shifted residence from Jaipur to Delhi. The father had been granted visitation rights in Jaipur, but the mother sought to modify the order to …

DATTU S/O NAMDEV THAKURversusSTATE OF MAHARASHTRA AND ORS.

2011 INSC 837Dismissed

The petitioners—a father, Dattu Thakur, and his son and daughter—were issued Scheduled‑Tribe certificates in 2001. In 2009 the Maharashtra Caste Scrutiny Committee cancelled those certificates for failing to prove belonging to the Thakur tribe, and the Bombay High Court upheld the cancellation. The …

SURESH DHANUKAversusSUNLTA MOHAPATRA

2011 INSC 831Appeal(s) allowed

The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that …

IQBAL SINGH NARANG & ORS.versusVEERAN NARANG

2011 INSC 827Dismissed

The respondent filed a criminal complaint under IPC sections 193, 420 and 120‑B alleging that the appellants made false statements before the Rent Controller. The Rent Controller, a statutory quasi‑judicial body, had earlier disposed of a related application, holding the complaint pending. A …

AIR INDIA CABIN CREW ASSN. & ORS.versusUNION OF INDIA & ORS.

2011 INSC 808Dismissed

The Air India Cabin Crew Association challenged the management’s revised promotion policy and the government’s 2003 directive that equalised the retirement and flying ages of male Flight Pursers and female Air Hostesses. The petitioners argued that these changes violated earlier bilateral …

LEELA HOTELS LTD.versusHOUSING & URBAN DEVELOPMENT CORPORATION LTD.

2011 INSC 800Appeal(s) allowed

Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels …

CITICORP. MARUTI FINANCE LTD.versusS. VIJAYALAXMI

2011 INSC 793Disposed off

The appellant Citicorp Maruti Finance Ltd. entered into a hire‑purchase agreement with the respondent for a Maruti Omni. After the respondent defaulted on monthly instalments, the bank repossessed the vehicle, informed police, and later auctioned it to a third party. The respondent filed a complaint …

PARMENDER KUMAR & ORS.versusSTATE OF HARYANA & ORS.

2011 INSC 794Disposed off

The appellants, members of the Haryana Civil Medical Services, applied for postgraduate medical courses under a reserved quota as per a university prospectus that required three years of regular service and a NOC issued before 6 April 2011. After the entrance exam, results and a merit list were …

UNION OF INDIAversusHASSAN ALI KHAN AND ANR.

2011 INSC 734Appeal(s) allowed

The Union of India appealed against the Bombay High Court's order granting bail to Hassan Ali Khan, who was accused under Section 4 of the Prevention of Money Laundering Act (PMLA) for handling billions of dollars allegedly derived from criminal activity and for obtaining multiple passports …

OM PRAKASH & ANR.versusUNION OF INDIA & ANR.

2011 INSC 728Disposed off

The Supreme Court examined whether offences under the Central Excise Act, 1944 and the Customs Act, 1962 are non‑cognizable and, if so, whether they are bailable. It held that Section 9A of the Excise Act and Section 104(4) of the Customs Act expressly deem the offences non‑cognizable, and that the …

CHATTERJEE PETROCHEM (I) PVT. LTD.versusHALDIA PETROCHEMICALS LTD. & ORS.

2011 INSC 729Dismissed

The Chatterjee Group filed a Company Petition under Sections 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956 alleging oppression by Haldia Petrochemicals Ltd. (HPL) for failing to register 155 million shares transferred to them and for allotting 150 million shares to Indian Oil …

BEDANGA TALUKDARversusSAIFUDAULLAH KHAN & ORS.

2011 INSC 721Appeal(s) allowed

The Assam Public Service Commission advertised a combined competitive examination with a reservation of 3% for physically disabled candidates. Respondent No.1, a physically disabled applicant, applied under the original advertisement but did not submit the required disability certificate by the …

RAM JETHMALANI & ORS.versusUNION OF INDIA & ORS

2011 INSC 707Matter referred to larger bench

The petitioners, led by Ram Jethmalani, sought a writ directing the Union of India to recover unaccounted money of Indian citizens held in foreign banks and the Court had earlier appointed a Special Investigation Team (SIT) headed by two retired Supreme Court judges. The Union of India filed …

KUSHAL KUMAR GUPTA AND ANR.versusMALA GUPTA

2011 INSC 659Dismissed

Mala Gupta filed a criminal complaint under Sections 406 and 498A IPC against her parents‑in‑law before the Judicial Magistrate, Patiala. The magistrate issued process, prompting the petitioners to seek a revision and later a quashing of the proceedings under Section 482 CrPC, arguing that the …

GOVT. OF A. P. & ORS.versusSRI SEVADAS VIDYAMANDIR HIGH SCHOOL & ORS.

2011 INSC 653Dismissed

The Supreme Court examined whether a 20 October 2004 Government Memo that banned filling vacant grant‑in‑aid teaching posts in private aided schools could be applied retrospectively to recruitment processes that had already been initiated with prior permission. The Court held that the Memo was …

BHUSHAN KUMAR MEENversusSTATE OF PUNJAB AND ORS.

2011 INSC 633Appeal(s) allowed

The appellant, Bhushan Kumar Meen, was married to the respondent No.2 in 2004. After periods of discord, the wife filed a complaint in 2006 alleging dowry demand and cruelty, leading to an FIR under Sections 406 and 498‑A IPC. The Women's Cell’s inquiry found no evidence of dowry demand and deemed …

THOTA VENKATESWARLUversusSTATE OF A.P. TR. PRINCL. SEC. & ANR.

2011 INSC 634Disposed off

The petitioner, Thota Venkateswarlu, married Parvathareddy Suneetha in India and later moved with her to Botswana, where she alleged cruelty and dowry demands. A complaint was lodged in India invoking IPC sections 498‑A and 506 (alleged to have occurred abroad) and Dowry Prohibition Act sections 3 …

BIHAR STATE ELECTRICITY BOARDversusTHE PATNA ELECTRIC SUPPLY CO. LTD. & ORS.

2011 INSC 627Disposed off

The Bihar State Electricity Board (BSEB) took over Patna Electric Supply Co. Ltd. (PESCO) and was directed by the Supreme Court to pay compensation based on the book value of PESCO's assets under the Indian Electricity Act, 1910. BSEB paid Rs 99.72 lakhs, leaving a balance of Rs 35.74 lakhs, which …

YOGRAJ INFRASTRUCTURE LTD.versusSSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD.

2011 INSC 628Dismissed

The National Highways Authority of India awarded a highway upgrade contract to SSang Yong Engineering (respondent), which subcontracted the work to Yograj Infrastructure (appellant). After alleged delays, the respondent terminated the subcontract and invoked an arbitration clause that designated …

SHAGUN MAHILA UDYOGIK SAHAKARI SANSTHA MARYADITversusSTATE OF MAHARASHTRA & ORS.

2011 INSC 598Dismissed

The appellant, a Mahila cooperative society, challenged the award of a contract for supplying fortified blended food under the Integrated Child Development Scheme, arguing that the eligibility criteria in the Expression of Interest (EOI) were arbitrary and that the contract period should be limited …

DR. PUNEET GULATI AND ORS. ETC. ETC.versusSTATE OF KERALA AND ORS. ETC. ETC.

2011 INSC 582Disposed off

The case concerned a reservation policy by the State of Kerala that reserved 100% of seats in super‑specialty medical courses for students from Kerala, later amended to 10% for candidates with rural service. Applicants from outside Kerala challenged the policy as unconstitutional. The Kerala High …

SUCHETAN EXPORTS P. LTD.versusGUPTA COAL INDIA LIMITED AND ORS.

2011 INSC 532Disposed off

The parties entered into a high‑seas sale agreement for 16,943 metric tonnes of South African coal. The seller delivered the whole consignment to a stevedore, who released 9,542.92 tonnes to the buyer, leaving 7,400.082 tonnes in its custody. The buyer failed to pay the balance price, prompting the …

SHEHAMMALversusHASAN KHANI RAWTHER AND ORS.

2011 INSC 533Dismissed

The case concerned the intestate estate of Meeralava Rawther, a Muslim who had executed deeds of relinquishment with five of his children (excluding his youngest son, Hassan) in exchange for consideration. After his death, Hassan claimed an oral gift of the entire property, while the other children …

SHIPPING CORPORATION OF INDIA LTD.versusMARE SHIPPING INC.

2011 INSC 490Dismissed

The case involved a charter party for the carriage of crude oil from Ras Sukheir to a safe Indian port, where the charterers nominated Vadinar Single Berth Mooring (SBM) for discharge. The vessel arrived at Vadinar, tendered a Notice of Readiness (NOR) but could not moor at the SBM due to inadequate …

JAHID SHAIKH & ORS.versusSTATE OF GUJARAT & ANR.

2011 INSC 463Disposed off

The petitioners, accused in the 2008 Ahmedabad‑Surat bomb blast cases, sought transfer of the Sessions trial from Gujarat to another state under Section 406 of the CrPC, alleging bias by police, jail authorities and the judiciary and a hostile communal atmosphere that would deny them a free and fair …

BALCHANDRA L. JARKIHOLI & ORS.versusB.S. YEDDYURAPPA & ORS.

2011 INSC 400Appeal(s) allowed

Thirteen BJP MLAs wrote to the Governor withdrawing support from Chief Minister B.S. Yeddyurappa, prompting the Governor to ask the CM to prove his majority and the CM to file a disqualification application under the Tenth Schedule against them. The Speaker issued show‑cause notices, gave only three …

D. SUDHAKAR & ORS.versusD.N. JEEVARAJU & ORS.

2011 INSC 394Appeal(s) allowed

The Supreme Court examined whether independent legislators who extended support to Shri Yeddyurappa in forming a Bharatiya Janata Party (BJP) government and subsequently joined his Council of Ministers had forfeited their independent status under the anti-defection law. The Court held that merely …

KODIKUNNIL SURESH @ J. MONIANversusN.S. SAJI KUMAR, ETC. ETC.

2011 INSC 390Appeal(s) allowed

Kodikkunnil Suresh was elected from the Mavelikkara Lok Sabha seat reserved for Scheduled Castes. His election was challenged on the ground that he was a Christian and therefore not a member of any Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950. The High Court declared his …

APM TERMINALS B.V.versusUNION OF INDIA & ANR.

2011 INSC 384Disposed off

APM Terminals BV challenged the Jawaharlal Nehru Port Trust’s (JNPT) decision to exclude it from the Fourth Container Terminal tender, arguing that a licence agreement clause (8.31) barred the exclusion. The Union of India had altered its port policy to prevent private monopolisation, stipulating …

JAWAHAR SINGHversusBALA JAIN & ORS.

2011 INSC 369Dismissed

The deceased was riding a scooter when a motorcycle driven by a minor, Jatin, collided with it, causing the deceased's death. The claimants obtained a compensation award from the Motor Accident Claims Tribunal, which held the owner of the motorcycle liable because the driver was a minor without a …

LARSEN AND TOUBRO LTD. & ANR.versusUNION OF INDIA & ORS.

2011 INSC 354Dismissed

The Union of India issued a Request for Proposal for 20 fast patrol vessels, stipulating that bids must be at a firm and fixed price for the contract duration. Larsen & Toubro (Petitioner No.1) submitted the lowest commercial bid but included a foreign‑exchange rate variation clause without …

UNION OF INDIA & ORS.versusTANTIA CONSTRUCTION PVT. LTD.

2011 INSC 308Dismissed

The East Central Railways awarded a risk‑and‑cost tender to Tantia Construction for a rail over‑bridge. Subsequent design changes required an extended viaduct, increasing the work and cost. The contractor refused to undertake the additional work, which was not covered by the original agreement, and …

GLODYNE TECHNOSERVE LTD.versusSTATE OF M.P. & ORS.

2011 INSC 266Dismissed

The Government of Madhya Pradesh issued an RFP for a vendor to manage the District Mechanism for the Public Distribution System, requiring bidders to submit a copy of an active ISO 9001:2000 certification with their technical bid. Glodyne Technoserve Ltd., the appellant, possessed a valid current …

MIS. BHARAT STEEL TUBES LTD. ETC.versusIFCI LTD. & ORS.

2011 INSC 257Dismissed

Bharat Steel Tubes Ltd. challenged a Delhi High Court order that held IFCI Ltd. to be a "public financial institution" under Section 4A of the Companies Act, 1956 and therefore entitled to enforce a security interest under the SARFAESI Act, 2002. The petitioner argued that the Central Government no …

MOHAMMAD AFTAB MIRversusSTATE OF J & K & ORS.

2011 INSC 252Appeal(s) allowed

The appellant, a Sub‑Inspector of the Jammu & Kashmir Police, claimed out‑of‑turn promotion for his exemplary conduct during the 1995 Charare Sharif incident, relying on Circular No.14‑GR of 1990 which provided accelerated promotion for outstanding anti‑militancy performance. The High Court …

DESIYA MURPOKKU DRAVIDA KAZHAGAM AND ANR.versusTHE ELECTION COMMISSION OF INDIA

2011 INSC 212Hearing Adjourned

The Supreme Court examined eleven writ petitions and three special leave petitions filed by registered unrecognised political parties seeking a common election symbol for the upcoming Tamil Nadu Assembly elections. The parties challenged several provisions of the Election Symbols (Reservation and …

KAUSHALYA DEVI MASSANDversusROOPKISHORE KHORE

2011 INSC 207Case Partly allowed

The complainant, a widowed lady, filed a complaint under Section 138 of the Negotiable Instruments Act for the dishonour of several cheques issued by the respondent. The Judicial Magistrate sentenced the respondent to pay a fine of Rs 4 lakh as compensation, which the High Court later enhanced to Rs …

DELHI DEVELOPMENT AUTHORITYversusRAM PRAKASH

2011 INSC 206Dismissed

The respondent purchased a leasehold property from the Delhi Development Authority (DDA) in 1972. From 1983 onward, DDA issued multiple show‑cause notices alleging that the respondent misused the premises for office purposes and carried out unauthorized terrace construction. The respondent contended …

HARYANA WAREHOUSING CORPORATIONversusJAGAT RAM & ANR.

2011 INSC 152Dismissed

The Haryana State Warehousing Corporation promoted Ram Kumar to Assistant Manager (Administration) over the senior Jagat Ram, relying on a comparative assessment of their service records. Jagat Ram challenged the promotion, arguing that Regulation 8(2) of the 1994 Regulations mandates promotion on a …

UNITED INDIA INSURANCE CO. LTD.versusK.M. POONAM & ORS.

2011 INSC 135Disposed off

The owner of a jeep obtained a motor insurance policy covering six occupants, including the driver. The vehicle, however, was carrying fifteen passengers when it met with an accident, resulting in multiple deaths and injuries. Claimants filed compensation claims, and the Motor Accident Claims …

RAVINDER RAJversusM/S. COMPETENT MOTORS CO. PVT. LTD. & ANR.

2011 INSC 115Dismissed

Ravinder Raj booked a Maruti car in the mid‑1980s, paid an advance and later paid the full price in February 1989. Before the official billing on 5 April 1989, the government raised excise duty, increasing the car's price by about Rs.6,710, and the dealer asked the buyer to pay the excess amount, …

B.A. UMESHversusREGR.GEN.HIGH COURT OF KARNATAKA

2011 INSC 89Dismissed

The appellant B.A. Umesh was convicted of rape, murder and robbery (IPC ss.376, 302, 392) and sentenced to death. The Supreme Court examined the prosecution's case, which relied on a chain of circumstantial evidence, eyewitness testimony, a test identification parade, fingerprint evidence, forensic …

SOU. SANDHYA MANOJ WANKHADEversusMANOJ BHIMRAO WANKHADE & ORS.

2011 INSC 83Appeal(s) allowed

The appellant, Sandhya Manoj Wankhade, filed a complaint under the Protection of Women from Domestic Violence Act, 2005 against her husband and his mother‑in‑law and sister‑in‑law. The trial court and the Nagpur Bench of the Bombay High Court deleted the mother‑in‑law and sister‑in‑law from the …

D.N. JEEVARAJU & ANR.versusD. SUDHAKAR & ORS. ETC.

2010 INSC 893Dismissed

Five independent MLAs who had supported the BJP government in Karnataka withdrew their support and were disqualified under paragraph 2(2) of the Tenth Schedule. They filed writ petitions challenging the disqualification and sought to amend paragraph 9 of their petitions, which mistakenly stated that …

ELECTION COMMISSION OF INDIAversusTELANGANA RASTRA SAMITHI & ANR.

2010 INSC 862Disposed off

The Election Commission of India withheld bye‑elections in the Vemulawada and Sircilla Assembly constituencies because an election petition challenging the previous election was pending. The petitioners challenged this decision before the Supreme Court, which examined the interpretation of Section …

SURAJ BHAN MEENA & ANR.versusSTATE OF RAJASTHAN & ORS.

2010 INSC 857Disposed off

The Rajasthan High Court quashed two state notifications that granted consequential seniority to Scheduled Caste and Scheduled Tribe officers promoted under reservation, on the ground that the state had not complied with the requirements laid down in M. Nagaraj's case. The petitioners, members of …

ELECTION COMMISSION OF INDIAversusTELEANGANA RASTRA SAMITHI & ANR.

2010 INSC 848Appeal(s) allowed

Twelve members of the Andhra Pradesh Legislative Assembly resigned to press for a separate Telangana state, creating twelve casual vacancies. The Election Commission of India (ECI) announced bye‑elections for ten clear vacancies but withheld elections for two constituencies where election petitions …

BHARAT STEEL TUBES LIMITEDversusIFCI LIMITED

2010 INSC 837Disposed off

Bharat Steel Tubes Ltd. had borrowed money from Punjab National Bank and entered into a one‑time settlement, paying only part of the amount. It later engaged Assets Care Enterprises Ltd. (ACE) to pay the balance, and ACE assigned its rights to IFCI Ltd. IFCI invoked the SARFAESI Act to enforce …

C.N. ANANTHARAMversusM/S. FIAT INDIA LTD. AND ORS. ETC. ETC.

2010 INSC 811Disposed off

The petitioner bought a diesel Fiat Siena Weekender and complained of engine rattling noise, leading the dealer to replace the engine and other parts. Unsatisfied, he demanded a new vehicle or a refund of the purchase price and expenses, filing complaints before the District Forum, State Commission, …

PEPSICO INDIA HOLDINGS PVT. LTD.versusFOOD INSPECTOR AND ANR.

2010 INSC 786Appeal(s) allowed

Pepsico India Holdings Pvt. Ltd., the manufacturer of sweetened carbonated water, was prosecuted after a public analyst reported the presence of the pesticide carbofuran (0.001 mg/L) in its product, alleging adulteration under Rule 65 of the Prevention of Food Adulteration Rules, 1955 and Section …

AMAR SINGHversusUNION OF INDIA

2010 INSC 779Matter referred to larger bench

Amar Singh and Jaya Pradha, both Members of Parliament, filed writ petitions under Article 32 challenging the threat of disqualification after being expelled from the Samajwadi Party, relying on the Supreme Court's decision in G. Viswanathan's case. They argued that the decision improperly extended …

M/S. ANGEL BABY PRODUCTS PVT. LTD.versusNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

2010 INSC 743Dismissed

The petitioners, Angel Baby Products Pvt. Ltd. and Hira Lal Gupta, failed to execute a lease deed for a commercial plot allotted by NOIDA within the 120‑day period, citing mis‑description of the plot and a municipal drain, and sought a waiver of the penalty. The Chief Executive Officer of NOIDA …

SMITHA JOHNYversusJOSNY VARGHESE & ORS.

2010 INSC 723Dismissed

The case concerned a vacancy for the post of High School Assistant (English) (HSA‑English) that arose on 1 April 2005 in a Kerala government school. Respondent No.1, an Upper Primary School Assistant, claimed she was the only UPSA qualified (B.Ed. in English) at that date and sought promotion, while …

CHALLA JAYA BHASKAR & ORS.versusTHUNGATHURTHI SURENDER & ORS.

2010 INSC 708Case Allowed

The case concerned Civil Assistant Surgeons (CAS) in the Andhra Pradesh Medical and Health Services who, after obtaining a post‑graduate degree, were transferred laterally to the teaching cadre as Assistant Professors. The transferred officers claimed that their prior service as CAS should be …

THANU RAMversusSTATE OF M.P.

2010 INSC 673Dismissed

Thanu Ram's wife, Hirabai, committed suicide by self‑immolation in the fourth year of their marriage while six months pregnant. She made a dying declaration before a Naib Tahsildar, which a doctor affirmed was given in a sound mental state. The prosecution proved that the husband and his mother …

KULDEEP SINGHversusSTATE OF PUNJAB

2010 INSC 640Appeal(s) allowed

The police, acting on secret information, seized four sealed bags containing 150 kg of poppy husk from the appellant's residence. No samples were taken at the time of seizure; instead, the Station House Officer later broke the seals, mixed the contents, and collected samples before resealing the …

PAL @ PALLAversusSTATE OF UTTAR PRADESH

2010 INSC 634Disposed off

The appellant lodged an FIR alleging murder and later filed a protest petition that was treated as a complaint, leading to two parallel criminal proceedings: one based on a police charge‑sheet and another on the complaint. The accused in the police case were the witnesses in the complaint case and …

VILLAYATI RAM MITTAL (PVT.) LTD.versusUNION OF INDIA & ANR.

2010 INSC 627Dismissed

The petitioner, a construction company, submitted the lowest bid for a government construction project and furnished earnest money as required by the tender notice. After the bids were opened, the petitioner sent a letter correcting a figure in its bid, which increased the bid amount substantially. …

V. RANGANATHANversusN. BASKARAN AND ORS.

2010 INSC 620Dismissed

The petitioner, V. Ranganathan, applied for the post of Principal in a Government Higher Secondary School and was placed tenth in the reserve list. He filed an original application before the Central Administrative Tribunal seeking a direction that the UPSC appoint him to the post instead of the …

M/S. SUSHI LA CHEMICALS PVT. LTD. AND ANR.versusBHARAT COKING COAL LTD. AND ORS.

2010 INSC 614Dismissed

The Supreme Court dismissed appeals by M/s. Sushi La Chemicals Pvt. Ltd. and another appellant challenging the suspension of coal supplies by Bharat Coking Coal Ltd. (BCCL) under a Fuel Supply Agreement (FSA). The suspension was based on a CBI FIR alleging that the appellants were diverting allotted …

M/S COAL INDIA LIMITED & ORS.versusCOAL CONSUMERS ASSOCIATION & ORS.

2010 INSC 615Dismissed

The Supreme Court examined whether Bharat Coking Coal Limited (BCCL) could suspend coal supplies to 45 industrial consumers under a Fuel Supply Agreement (FSA) when no FIR had been filed against those consumers. The Court noted that Clause 4.4 of the FSA and the 2007 New Coal Distribution Policy …

SURENDERA PRATAP SINGHversusSTATE OF U.P. AND ORS.

2010 INSC 616Case Allowed

Surendra Pratap Singh filed an FIR alleging that his brother was murdered by four persons, including MLA Brijesh Mishra. While three accused were arrested, the MLA evaded arrest and later secured a transfer of the investigation to the CBI, after which the Uttar Pradesh government withdrew eight …

M/S. COAL INDIA LIMITED AND ORS.versusALOK FUELS (P) LTD. THROUGH DIRECTOR

2010 INSC 612Appeal(s) allowed

The respondents, Alok Fuels Ltd. and others, were supplied coal by Bharat Coking Coal Ltd. (BCCL) under a Fuel Supply Agreement (FSA) that required the coal to be used only in their plants. The Central Bureau of Investigation (CBI) lodged an FIR alleging that the respondents were diverting the …

RAMA DEVIversusSTATE OF BIHAR AND ORS.

2010 INSC 610Appeal(s) allowed

The appellant, Rama Devi, was charged under IPC sections 406, 420, 465, 468 and 120‑B for allegedly conspiring with her vendor to sell a plot of land to the complainant despite knowing it had been previously transferred. The trial magistrate took cognizance of the complaint, and the appellant sought …

GADDAM RAMAKRISHNAREDDY & ORS.versusGADDAM RAMI REDDY & ANR.

2010 INSC 611Dismissed

In 1952 G. Pullareddy gifted a life estate in his share of family property to his wife Sheshamma, stipulating that after her death the property would pass to his minor son G. Ramireddy. After Pullareddy's death, Sheshamma executed relinquishment, sale deeds and a will. Ramireddy sued to declare …

SUNITA JHAversusSTATE OF JHARKHAND

2010 INSC 606Appeal(s) allowed

The appellant, Sunita Jha, was charged under Section 498A of the Indian Penal Code for cruelty to the complainant, Asha Rani Pal, on the ground that she was living with Pal's husband as his wife. The trial court rejected her discharge application, and the Jharkhand High Court affirmed that her …

UMA SHANKAR SINGHversusSTATE OF BIHAR AND ANR.

2010 INSC 591Dismissed

During a Bihar assembly election, an FIR was lodged for murder, robbery and illegal possession of arms, implicating Uma Shankar Singh. The investigation was transferred to the CID and both the CID and local police submitted final reports under Section 173(2) CrPC that exonerated Singh. Despite these …

SYED ASHWAQ AHMEDversusJT. SECRETARY AND CHIEF PASSPORT OFR. AND ANR.

2010 INSC 590Dismissed

The petitioner, a travel agent who began his business in 1997, sought a mandamus directing the passport authorities to allow him to continue handling passport applications on behalf of clients. The government had de‑recognised all travel agents for passport work in July 1992, and in July 2000 issued …

SWAMI NATHversusNIRMAL SINGH

2010 INSC 572Dismissed

The petitioners, tenants, challenged eviction orders passed by Rent Controllers under Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949, filed by their landlord‑respondents who were non‑resident Indians. The tenants argued that the landlord already possessed another shop in the same …

PALRAJversusTHE DIVISIONAL CONTROLLER, NEKRTC

2010 INSC 579Disposed off

Palraj, a bus driver for a Karnataka State Road Transport Corporation, suffered a severe accident that left him unable to drive but capable of performing other duties. The corporation reassigned him as a peon with the same salary. The Commissioner of Workmen's Compensation initially awarded …

OM PRAKASHversusASHWANI KUMAR BASSI

2010 INSC 550Dismissed

The landlord filed an eviction petition under Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949 and served the tenant on 19 May 2005, requiring the tenant to apply for leave to contest within 15 days. The tenant filed the application one day late, on 4 June 2005, and then sought …

KESHAV DUTTversusSTATE OF HARYANA

2010 INSC 530Appeal(s) allowed

The appellant, a meter reader, was convicted under Section 13(1)(d) of the Prevention of Corruption Act, 1988 for demanding a bribe, based primarily on a handwriting expert’s report linking him to a paper (Ex.PR) used in the alleged offence. The Supreme Court examined whether such expert opinion …

STATE OF BIHAR & ORS.versusMITHILESH KUMAR

2010 INSC 531Dismissed

The Bihar Public Service Commission advertised vacancies for Instructors and Assistant Instructors to train persons with disabilities. The respondent applied, was interviewed and declared successful, but after the interview the Empowered Committee decided to shift training to NGOs and asked the …

STATE OF M.P.versusHARISHANKAR BHAGWAN PD. TRIPATHI

2010 INSC 510Appeal(s) allowed

The State of Madhya Pradesh prosecuted two individuals under Section 161 IPC and Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 for demanding illegal gratification in connection with an excise licence. A trap was arranged in which the complainant handed over treated currency …

VIKAS CHAUDHARYversusSTATE OF NCT OF DELHI & ANR.

2010 INSC 496Dismissed

The accused Vikas Chaudhary and co‑accused abducted a young man, killed him and thereafter made repeated ransom calls to the victim's parents. The petitioner argued that the offence under IPC s.364A was completed at the time of abduction and that he was a juvenile when the offence was committed, …

KALPNATH SINGHversusUDAI NATH & ORS.

2010 INSC 497Appeal(s) allowed

The appellant applied for a sand mining lease under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, and was recommended for grant by the District Magistrate and State Government. The respondent, a member of a socially and educationally backward class (SEBC), claimed preference under …

TATA MEMORIAL HOSPITAL WORKERS UNIONversusTATA MEMORIAL CENTRE AND ANOTHER

2010 INSC 487Appeal(s) allowed

The Tata Memorial Hospital Workers Union, a trade union registered under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, sought to maintain its recognition against a rival workers' association. The rival argued that the Tata Memorial Centre (TMC) was …

M/S. V.K. ENTERPRISES AND ANR.versusM/S. SHIVA STEELS

2010 INSC 478Dismissed

The respondent filed a suit under Order 37 Rules 1 and 2 of the CPC to recover a cheque amount that was dishonoured. The petitioner applied for leave to defend under Order 37 Rule 3, alleging that the cheque dated 11‑10‑2006 was originally dated 11‑10‑2000 and had been tampered with, and that the …

STATE OF U.P. AND ANR.versusSANTOSH KUMAR MISHRA AND ANR.

2010 INSC 474Disposed off

The case concerned the selection and appointment of pharmacy diploma holders as pharmacists in Uttar Pradesh. The 1980 Rules required that vacancies be filled by appointing candidates who obtained their diplomas earlier, irrespective of merit, while the 2002 and 2003 Rules introduced a merit‑based …

SMT. MOUMITA PODDARversusINDIAN OIL CORPORATION LTD. & ANR.

2010 INSC 456Dismissed

The Supreme Court heard appeals by Smt. Moumita Poddar challenging the appointment of a retail outlet dealership to respondent No.2 (Alpana Saha) by Indian Oil Corporation Ltd. The High Court had set aside the entire selection on the ground that the Selection Committee failed to follow the policy …

REKHABEN H. SHETHversusCHARU K. MEHTA & SONS.

2010 INSC 453Dismissed

The respondent, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, sought the removal of the petitioner and four other trustees alleging misfeasance and misuse of trust funds. The Joint Charity Commissioner ordered that the trustees could not make any policy decisions or financial …

UNION OF INDIA AND OTHERSversusMAHAVEER C. SINGHVI

2010 INSC 452Dismissed

Mahaveer C. Singhvi, an Indian Foreign Service probationer appointed in 1999, was discharged on 13 June 2002. He challenged the discharge before the Central Administrative Tribunal, the Delhi High Court, and finally this Court, alleging that the order was punitive, based on alleged misconduct …

JAWANT P. SANKPALversusSUMAN GHOLAP & ORS.

2010 INSC 439Dismissed

The petitioner challenged the order of the Maharashtra State Human Rights Commission, which had found that police officials tortured the complainant's son while in custody under Section 12(a) of the Protection of Human Rights Act, 1993, and had recommended compensation. The High Court dismissed the …

P.J. AGRO TECH LIMITED & ORS.versusWATER BASE LIMITED

2010 INSC 441Appeal(s) allowed

P.J. Agro Tech Ltd and its directors were served with a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 for the dishonour of a cheque that had been drawn by a third party, K. Balashankar Reddy, from his personal savings account. The appellants contended that the cheque …

AMICUS CURIEversusPRASHANT BHUSHAN & ANR.

2010 INSC 403Hearing Adjourned

An amicus curiae, senior advocate Harish N. Salve, brought to the Supreme Court's notice statements made by senior advocate Prashant Bhushan in a Tehelka interview alleging widespread corruption in the higher judiciary and specifically imputing misconduct against Chief Justice S.H. Kapadia. The …

PRAVINBHAI KASHIRAMBHAI PATELversusSTATE OF GUJARAT & ORS.

2010 INSC 383Dismissed

The petitioner, Pravinbhai Kashirambhai Patel, complained of a mob assault and theft on 11 September 2008, filing three separate police complaints that contained differing versions of the incident. Respondents No.2 and No.3 obtained anticipatory bail from an Additional Sessions Judge, which the …

THE NEW INDIA ASSURANCE CO. LTD.versusM/S. PROTECTION MANUFACTURERS PVT. LTD.

2010 INSC 389Dismissed

The insured's factory suffered a fire and the insurer, New India Assurance Co., appointed a surveyor, joint surveyors, and later an investigator who alleged arson, before seeking the opinion of former Chief Justice Y.V. Chandrachud who concluded the fire was accidental. The National Consumer …

GOVT. OF INDIA THROUGH SECRETARY & ANR.versusRAVI PRAKASH GUPTA & ANR.

2010 INSC 368Dismissed

Visually‑impaired candidate Ravi Prakash Gupta cleared the Civil Services Examination and was placed fifth among candidates of his disability category, but was denied appointment because only one post was offered for visually‑handicapped candidates. He claimed entitlement to a reservation under …

MAHESH CHANDRA BANERJIversusU.P. AVAS EVAM VIKAS PARISHAD AND ORS.

2010 INSC 366Case Partly allowed

The Banerji family claimed that, apart from 1‑1‑10 bighas of land excluded by the Uttar Pradesh Avas Evam Vikas Parishad Act, the remaining portion of their Plot No. 1002 had been acquired for a development scheme (Yojana No. 7) and that no compensation had been assessed. The State and the Parishad …

CENTRAL BANK OF INDIAversusM/S. ASIAN GLOBAL LTD. & ORS.

2010 INSC 356Dismissed

The Central Bank of India sued Asian Global Ltd., its sister concern, and several directors for offences under Sections 138 and 139 of the Negotiable Instruments Act, alleging that a cheque issued as a corporate guarantee was dishonoured. The trial court held the bank to be a holder in due course …

MD. RAISUL ISLAM AND ORS.versusGOKUL MOHAN HAZARIKA AND ORS.

2010 INSC 359Dismissed

The case concerned the seniority of Assam Civil Service (Class‑I) officers promoted from Class‑II and those directly recruited in 1986. An advertisement and selection process began in 1984 under the unamended 1960 Rules, which prescribed a 50% promotion quota. While the selection was underway, the …

DURGA PRASAD AND ANR.versusSTATE OF M.P.

2010 INSC 323Appeal(s) allowed

The Supreme Court examined the conviction of Durga Prasad and others under IPC sections 498-A and 304-B for the alleged dowry death of Kripa Bai, who committed suicide within seven years of marriage. The trial and High Courts had relied solely on the testimony of the victim's mother and brother, …

S.P. GUPTAversusASHUTOSH GUPTA

2010 INSC 322Dismissed

A criminal complaint under Section 420 read with Section 120‑B IPC was filed by the father of the respondent alleging that the petitioner, S.P. Gupta, as the attorney of accused No.1, misrepresented the ownership of a property, assuring it was free of encumbrances and that accused No.1 was the sole …

NANO KISHORE OJHAversusANJANI KUMAR SINGH

2010 INSC 319Hearing Adjourned

The Supreme Court entertained a contempt petition filed by trained primary school teachers alleging that the State of Bihar had failed to honour its undertaking to fill 34,540 vacant assistant teacher posts with trained teachers in order of seniority. The Court examined the Bihar Special Elementary …

KANPUR ELECTRICITY SUPPLY CO. LTD. & ANR.versusM/S. L.M.L. LIMITED & ORS.

2010 INSC 288Dismissed

L.M.L. Ltd., a two-wheeler manufacturer, was declared a Relief Undertaking and later a Sick Company due to market downturn. It applied to Kanpur Electricity Supply Co. Ltd. (KESCO) for reduction of its contracted load from 8 MVA to 1.25 MVA effective 1 April 2006, a decision approved by the Uttar …

INCABLE NET (ANDHRA) LIMITED & ORS.versusAP AKSH BROADBAND LTD. & ORS.

2010 INSC 292Dismissed

The petitioners, minority shareholders of a joint venture company (APAKSH Broadband Ltd.), alleged that the majority shareholder, which was also the EPC contractor, mismanaged funds and oppressed them, seeking winding up under Sections 397, 398, 402 and 403 of the Companies Act, 1956. The Company …

HARISH MAGANLAL BAIJALversusSTATE OF MAHARASHTRA & ORS.

2010 INSC 293Dismissed

The petitioner appeared for the 1990 Maharashtra State Service (Main) examination and, scoring 604 marks, missed the 14 open-category DSP vacancies, being appointed as Sales Tax Officer instead. After three originally selected candidates were declared ineligible, the petitioner was recommended and …

MADRAS CEMENTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE

2010 INSC 280Dismissed

Madras Cements Ltd., a cement manufacturer, claimed Modvat credit for certain items it described as components, spares and accessories used in its mining operations during November‑December 1999. The Revenue argued that the items were not capital goods under Rule 570 of the Central Excise Rules and …

KALLAKURICHI TALUK CO-OP HOUSING SOCIETY LTD.versusM. MARIA SOOSAI & ORS.

2010 INSC 284Disposed off

M. Maria Soosai, an accountant of Kallakurichi Taluk Co‑op Housing Society, was deemed to have resigned in 1990 after being absent without leave, pursuant to the Society’s bye‑laws and Rule 149(10)(1) of the Tamil Nadu Co‑operative Societies Rules, 1988. After five years he sought relief before the …

ATLA SIDDA REDDYversusBUSI SUBBA REDDY AND ORS.

2010 INSC 285Dismissed

The petitioner sought a declaration of title to land that he claimed to have purchased in 1984 from Syed Ghouse Bi (alias Chand Begum), who had allegedly acquired it from Lakshmamma in 1974. The defendant contended that Lakshmamma had already sold the same land to Thondolu Mahaboob Basha in 1968, a …

DEVENDER KUMAR & ANR. ETC.versusSTATE OF HARYANA & ORS. ETC.

2010 INSC 273Appeal(s) allowed

The appellants were arrested in a dowry‑related case under IPC sections 498‑A, 406, 506, 323 and 34 and produced before a magistrate. Their first application for police remand was dismissed and they were placed in judicial custody, after which they were granted bail. The investigating officer later …

MOHAN MALI & ANR.versusSTATE OF M.P.

2010 INSC 251Disposed off

Mohan Mali and another were convicted under IPC sections 302, 324 and 326 and sentenced to life imprisonment. One co‑accused, Dhanna Lal (appellant No.2), claimed he was a juvenile at the time of the offence. The Supreme Court examined the provisions of the Juvenile Justice (Care and Protection of …

VINISHA JITESH TOLANI @ MANMEET LAGHMANIversusJITESH KISHORE TOLANI

2010 INSC 252Disposed off

The wife and husband were married in Goa under Hindu rites and the marriage was registered there. The husband filed a petition under Section 12 of the Hindu Marriage Act, 1955 in Goa seeking annulment. The wife, who had been residing in the United Kingdom and later in Delhi, filed a petition under …

M/S. JINDAL STAINLESS LTD. & ANR.versusSTATE OF HARYANA AND ORS.

2010 INSC 215Matter referred to larger bench

The petitioners, including M/s. Jindal Stainless Ltd., challenged the validity of various State entry tax statutes on the ground that they violated Articles 301, 302, 303 and 304 of the Constitution. The Division Bench observed that several High Courts had treated Article 304(a) and 304(b) as …

BAHADUR SINGHversusSTATE OF HARYANA

2010 INSC 199Dismissed

The petitioner, Bahadur Singh, was caught after police raided his house based on secret information and recovered six bags of poppy husk from a locked room that he opened with a key in his possession. He was convicted under Section 15 of the NDPS Act and sentenced to twelve years' rigorous …

MOHAN KUMAR RAYANAversusKOMAL MOHAN RAYANA

2010 INSC 197Dismissed

Mohan Kumar Rayana and Komal Mohan Rayana, who were married in 2000, separated and contested custody of their daughter Anisha, born in 2002. The Family Court awarded custody to the mother with the father receiving alternate weekend visitation and a 50% share of school vacations, a decision affirmed …

SUVARNALATAversusMOHAN ANANDRAO DESHMUKH & ANR.

2010 INSC 194Hearing Adjourned

The husband filed a petition for divorce on the ground that his wife suffered from schizophrenia. The Family Court granted the decree of divorce, which was affirmed by the High Court. The wife appealed only to challenge the findings on her alleged mental disorder and to claim a lump‑sum permanent …

M/S. JAYABHERI PROPERTIES PVT. LTD. AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

2010 INSC 195Disposed off

The State of Andhra Pradesh sought to acquire land for the Outer Ring Road (ORR) project around Hyderabad and Secunderabad. After objections that the original western alignment would cut through water bodies and require extensive rock cutting, an alternative alignment through Narsingi and Poppalguda …

RAMESHBHAI PANDURAO HEDAUversusSTATE OF GUJARAT

2010 INSC 157Dismissed

The appellant's brother was found dead and a post‑mortem concluded natural causes; the police investigation was closed. Dissatisfied, the appellant filed a complaint before a Metropolitan Magistrate alleging murder and sought a fresh police investigation under Section 156(3) of the Code of Criminal …

SYED BASHIR-UD-DIN QADRIversusNAZIR AHMED SHAH & ORS.

2010 INSC 140Appeal(s) allowed

The appellant, a graduate suffering from cerebral palsy, was appointed as a Rehbar‑e‑Taleem (teaching guide) under Section 22 of the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998. Respondent Nazir Ahmed Shah challenged the …

UNION OF INDIA & ORS.versusM/S. NEELAM ENGINEERING & CONSTRUCTION COMPANY

2010 INSC 142Dismissed

The Union of India and others entered into a contract with M/s Neelam Engineering for security lighting, which later gave rise to disputes resolved by an arbitrator who awarded Rs.1,70,020 in favour of the respondent. The respondent filed a petition under Sections 14(2), 17 and 29 of the Arbitration …

STATE OF M.P.versusSUGHAR SINGH & ORS.

2010 INSC 132Disposed off

Eight persons were tried by a Sessions Court in Madhya Pradesh for murder and related offences under the Indian Penal Code. The High Court set aside their convictions, and the State appealed, but only four of the accused were impleaded as respondents in the appeal. The Supreme Court, in a 2008 …

M/S. HINDUSTAN PETROLEUM CORPN. LTD. & ORS.versusM/S. SUPER HIGHWAY SERVICES & ANR.

2010 INSC 113Dismissed

Hindustan Petroleum Corporation entered into a dealership agreement with Super Highway Services for the retail sale of petroleum products. The corporation terminated the agreement under Clause 58 after a sample of diesel failed a marker test, but the dealer alleged that it was never properly served …

R. RAVINDRA REDDY AND ORS.versusH. RAMAIAH REDDY AND ORS.

2010 INSC 107Dismissed

The petitioners, sons of H. Ramaiah Reddy, filed a suit in 2005 seeking declaration of their coparcenary rights, partition of ancestral lands and a declaration that a 1975 order of the Karnataka Land Tribunal granting occupancy rights to Annaiah Reddy was illegal. The trial court held the suit …

SATYAVIR SINGHversusSTATE OF U.P.

2010 INSC 96Dismissed

Satyavir Singh, armed with his brother's licensed double‑barrel gun, fired two shots at Dharam Prakash, the brother of an informant, injuring him. The trial court convicted Singh under Section 307 IPC and Section 27 of the Arms Act; the first appellate court acquitted him on the basis that the …

RAJU & ANR.versusSTATE OF HARYANA

2010 INSC 94Disposed off

The Supreme Court examined the conviction of two appellants, Raju and Mangli, under Section 302 read with Section 34 of the Indian Penal Code for the murder of Ishwar. The incident arose after the deceased misbehaved with women at a marriage ceremony, leading the accused to assault him; the …

RASHIDA HAROON KUPURADEversusDIV. MANAGER, ORIENTAL INSURANCE CO. LTD. & ORS.

2010 INSC 84Appeal(s) allowed

The deceased workman suffered a heart attack six months after being involved in a vehicular accident. The Commissioner for Workmen's Compensation awarded compensation, which the insurer challenged. The Karnataka High Court set aside the award against the insurer, held that the employer (vehicle …

MRS. SHILPA AGGARWALversusMR. AVIRAL MITTAL & ANR.

2010 INSC 76Disposed off

The Supreme Court entertained a criminal appeal arising from a Special Leave Petition concerning the implementation of a High Court order that required the husband to facilitate the wife and their minor daughter’s travel to the United Kingdom to contest a custody proceeding pending before the Family …

M/S. GODREJ SARA LEE LIMITEDversusRECKITT BENCKISER AUSTRALIA PTY. LTD. AND ANR.

2010 INSC 66Appeal(s) allowed

M/s. Godrej Sara Lee Ltd appealed to the Supreme Court against the Delhi High Court’s order that it had jurisdiction to entertain appeals against the cancellation of its registered designs by the Controller of Patents and Designs, Kolkata under Section 19 of the Designs Act, 2000. The Controller had …

SATYANARAYANA SULTANIA & ANR.versusSTATE OF CHHATTISGARH

2010 INSC 51Dismissed

On February 3, 2000, a truck carrying 100 quintals of paddy belonging to the petitioners was stopped by a food inspector, and the grain was seized and later confiscated under Clause 6(2) of the Madhya Pradesh Essential Commodities (Exhibition of Price and Price Control) Order, 1997. The petitioners …

UNION OF INDIA & ANR.versusRAJA MOHAMMED AMIR MOHAMMAD KHAN

2010 INSC 48Dismissed

The respondent, Raja Mohammed Amir Mohammad Khan, was declared the sole legal heir of the estate of the late Raja of Mahmudabad, which had been taken over by the Custodian of Enemy Property under the Enemy Property Act, 1968. The Custodian’s ledger showed a credit of Rs 1,77,38,828.11 as of …

MAHESH RATILAL SHAHversusUNION OF INDIA AND ORS.

2010 INSC 49Dismissed

Mahesh Ratilal Shah filed a writ petition alleging that the Bombay Stock Exchange (BSE) had listed the shares of Presto Finance Ltd. despite fraudulent dealings, and that the BSE’s Rules and Bye‑laws, never published in the Gazette, were ultra vires the Securities Contracts (Regulation) Act, 1956. …