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ALTAMAS KABIR

328 judgments · newest first · showing 201–328

TAMEESHWAR VAISHNAVversusRAMVISHAL GUPTA

2010 INSC 20Appeal(s) allowed

The case involved two cheques that were dishonoured and a notice under Section 138(b) of the Negotiable Instruments Act was served on the drawer. The drawer received the first notice on 14 June 2006 but the payee did not file a complaint within the 15‑day period prescribed under Section 138(c). A …

HDFC BANK LTD.versusJ.J. MANNAN @ J.M. JOHN PAUL & ANR.

2009 INSC 1314Case Partly allowed

The HDFC Bank alleged that its Managing Director, J.J. Mannan, defrauded the bank of Rs.2.04 crore by obtaining a loan through fictitious transactions and colluding with other firms. An FIR was filed and the accused applied for anticipatory bail under Section 438 of the CrPC, which the Madras High …

NELAPATLA RAMAIAH & ORS .versusKAMATAM BIKSHAMAIAH & ORS.

2009 INSC 1307Dismissed

The original landowner sold agricultural land in 1961‑62 and handed over possession to the purchasers. The land changed hands several times through further agreements for sale in 1968 and 1969, eventually reaching the present defendants. The original owner filed suit for injunction, declaration of …

JASWANT KAUR & ANR.versusSUBHASH PALIWAL & ORS.

2009 INSC 1308Dismissed

The petitioners, tenants of a shop room, challenged an eviction suit filed by Subhash and Gopal Paliwal, claiming that a will executed by the deceased owner bequeathed the premises to Gopal, rendering Subhash not a landlord. The tenants admitted in their written statement that the Paliwals were …

NARENDRA KANTEversusANURADHA KANTE & ORS.

2009 INSC 1309Dismissed

Narendra Kante filed a suit seeking declaration, permanent and mandatory injunctions concerning a property he claimed as ancestral, alleging that no valid partition had been effected and that a deed of family settlement dated 8 February 1967, which was not signed by all co‑sharers, could not be …

UNION OF INDIA & ORS.versusDIPAK MALI

2009 INSC 1311Dismissed

Dipak Mali, a civilian motor driver, was suspended on 10 August 2002. Sub‑rules (6) and (7) were inserted into Rule 10 of the Central Civil Services (CCA) Rules, 1965 by a 2003 notification, effective 2 June 2004, mandating that a suspension be reviewed within ninety days or be extended after such …

RAMRAJ @ NANHOO @ BIHNUversusSTATE OF CHHATIISGARH

2009 INSC 1297Dismissed

Ramraj, convicted under IPC sections 302 and 201 for murdering his wife, was sentenced to life imprisonment. The High Court upheld the conviction, and the petitioner sought release after serving 14 years, arguing that remission had effectively reduced his term to about 17 years. The Supreme Court …

MRS. SHILPA AGGARWALversusMR. AVIRAL MITIAL & ANR.

2009 INSC 1292Hearing Adjourned

The case involved a three‑year‑old girl, a British citizen by birth, whose parents, both Indian nationals, were permanent residents of the United Kingdom. After marital discord, the mother took the child to India, while the father obtained an ex‑parte order from the High Court of Justice, Family …

NAND KISHORE OJHAversusANJANI KUMAR SINGH

2009 INSC 1293Hearing Adjourned

The Supreme Court examined a contempt petition filed by Nano Kishore Ojha against the State of Bihar for failing to honour undertakings given on 18 January 2006 and 7 February 2007 to appoint all trained primary‑school teachers to vacant posts. Earlier High Court and Supreme Court orders (1996, …

M/S. JULIEN EDUCATIONAL TRUSTversusSOURENDRA KUMAR ROY & ORS.

2009 INSC 1270Appeal(s) allowed

Julien Educational Trust, which runs a school, sought to purchase adjacent land owned by eight co‑sharers for expansion. An oral agreement was reached, draft deeds were prepared and approved by most sellers, but execution was delayed and the sellers later attempted to sell the land to third parties. …

STATE OF U.P. AND ORS.versusCOMMITTEE OF MANAGEMENT, M.T.S. VIDYA MANDIR AND ORS.

2009 INSC 1272Dismissed

The State of Uttar Pradesh issued a 2006 notification to bring 1,000 unaided A‑class Junior High Schools (classes 6‑8) into a grant‑in‑aid scheme, but conditioned eligibility on the schools not offering education below or above those classes. Several institutions that had been recognized as Junior …

K.M. IBRAHIMversusK.P. MOHAMMED AND ANR.

2009 INSC 1274Appeal(s) allowed

The appellant issued a cheque of Rs.95,000 to discharge a lawful debt, which was later dishonoured for insufficient funds. He was convicted under Section 138 of the Negotiable Instruments Act and sentenced, with the conviction affirmed by the High Court. The parties subsequently settled their …

ATUL MANUBHAI PAREKHversusCENTRAL BUREAU OF INVESTIGATION

2009 INSC 1256Dismissed

The appellant, Atul Manubhai Parekh, was convicted under Section 120‑B of the IPC and sentenced to 15 days of rigorous imprisonment with a fine. He had already undergone 15 days of detention in connection with other cases and sought a set‑off of 30 days under Section 428 of the Code of Criminal …

REDAUL HUSSAIN KHANversusNATIONAL INVESTIGATION AGENCY

2009 INSC 1248Dismissed

The petitioner, Redaul Hussain Khan, was arrested on 31 May 2009 for allegedly sending money to an extremist group later declared an unlawful association under the Unlawful Activities (Prevention) Act, 1967 (UAPA). While the investigation was transferred to the National Investigation Agency, the …

RASIKLAL DALPATRAM THAKKARversusSTATE OF GUJARAT AND ORS.

2009 INSC 1222Dismissed

The appellant, Rasiklal Dalpatram Thakar, was charged by Madhavpura Mercantile Cooperative Bank for alleged loan fraud. The Chief Metropolitan Magistrate, Ahmedabad, under Section 156(3) of the CrPC ordered the Economic Offences Wing, State CID, to investigate. The investigating agency submitted a …

TAMIL NADU WATER SUPPLY & DRAINAGE BOARDversusM/S. SATYANARAYANA BROTHERS PVT. LTD.

2009 INSC 1215Disposed off

The Tamil Nadu Water Supply & Drainage Board entered into a contract with M/s. Satyanarayana Brothers Pvt. Ltd. for the Veeranam drinking‑water project. The contractor failed to complete the work within the extended time, leading to arbitration. After several awards and appeals, the Supreme Court …

PRABIR MONDAL AND ANR.versusSTATE OF WEST BENGAL

2009 INSC 1203Appeal(s) allowed

The appellants Prabir Mondal, others and Mongal Das were convicted under Sections 307 and 34 of the Indian Penal Code for an alleged attempt to murder the complainant in a pump room. The prosecution claimed the victim was attacked with a knife, resulting in incised injuries to his left palm and …

JAI BALAJI INDUSTRIES LTD.versusPEC LTD. & ORS.

2009 INSC 1201Dismissed

Jai Balaji Industries Ltd. entered into a purchase agreement with a foreign seller for manganese ore and a subsequent High Seas Sale Agreement with PEC Ltd., a government company, which was to act as seller. After the cargo arrived, Jai Balaji tested a small portion, found it sub‑standard and …

BANDA CHINNA SUBBARAYUDU & ORS.versusTHAILAM VISHANATHA RAO & ANR.

2009 INSC 1202Appeal(s) allowed

The appellants obtained a decree for recovery of money and the decree-holder initiated execution proceedings, resulting in the sale of the appellants' property on 25 November 2003. On the same day a third party obtained a stay of the execution proceedings, which remained in force until 2 December …

LEILA DAVIDversusSTATE OF MAHARASHTRA & ORS.

2009 INSC 1190Disposed off

Petitioners filed multiple writ petitions under Article 32 alleging various grievances, but their pleadings were deemed per se contempt of the Supreme Court. During the hearing, they disrupted proceedings, used abusive language, and one petitioner threw a footwear at the judges, all in the presence …

BABU RAM AND ANR.versusSTATE OF HARYANA AND ANR.

2009 INSC 1169Disposed off

The appellants, owners of land in Narwana, challenged the State of Haryana's acquisition of their property for a sewage treatment plant (STP) on the ground that the acquisition was made under Section 17(4) of the Land Acquisition Act, 1894, which dispensed with the right to file objections under …

O.N.G.C. LTD.versusENGINEERING MAZDOOR SANGH

2009 INSC 1150Disposed off

The Oil and Natural Gas Corporation (ONGC) regularly hires seasonal casual workers for its field surveys. A tribunal ordered that 153 identified workmen who met educational qualifications and 240 days of service be regularised before any new recruitment. The Supreme Court, in its 20 November 2006 …

KEDAR NARAYAN PARIDA AND ORS.versusSTATE OF ORISSA AND ANR.

2009 INSC 1144Dismissed

The petitioners were accused of murdering a woman’s husband; although the FIR named 19 persons, only a few were initially charge‑sheeted, allegedly due to the influence of a local MLA who provided alibis. The High Court, invoking its inherent powers under Article 226, directed the police to file …

ZENIT MATAPLAST P. LTD.versusSTATE OF MAHARASHTRA AND ORS.

2009 INSC 1130Disposed off

Zenit Mataplast Ltd. filed a writ petition challenging the allotment of 17 acres of land to Mahendra & Mahendra Ltd. and another party, alleging that the Maharashtra Industrial Development Corporation acted arbitrarily, with bias and favouritism, violating Article 14 of the Constitution. The Bombay …

BABUBHAI JAMNADAS PATELversusSTATE OD GUJARAT & ORS.

2009 INSC 1103Dismissed

The Supreme Court considered appeals by Babubhai Jamnadas Patel challenging the Gujarat High Court's orders directing the police to file progress reports and monitor the investigation of FIR No.187/2008 relating to alleged offences under Sections 420, 465, 466, 467 and 120‑B IPC. The issue was …

RANVIR SINGHversusSTATE OF HARYANA & ANR.

2009 INSC 1095Dismissed

Ranvir Singh challenged two criminal complaints filed by Smt. Ved Wati under the Prevention of Corruption Act, alleging that the first complaint (1999) and a later complaint (2002) were dismissed because the complainant failed to pay the process fee. He argued that a second complaint on the same …

ANIL KUMAR JAINversusMAYA JAIN

2009 INSC 1101Appeal(s) allowed

Anil Kumar Jain and Maya Jain, married in 1985, filed a joint petition for mutual divorce under Section 13‑B of the Hindu Marriage Act in 2004. After the statutory six‑month period, the wife withdrew her consent, stating she did not want the marriage dissolved, leading the trial court and the High …

REETA NAGversusSTATE OF WEST BENGAL & ORS.

2009 INSC 1045Dismissed

The petition concerned whether a Judicial Magistrate could order a reinvestigation under Section 173(8) of the Code of Criminal Procedure after a charge‑sheet had been filed under Section 173(2) and charges were framed against some accused while others were discharged. The Supreme Court held that …

GIRISHBHAI DAHYABHAI SHAHversusC.C. JAIN & ANR

2009 INSC 979Appeal(s) allowed

Girishbhai Dahyabhai Shah was prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated curd. The sample was taken on 8 April 1988 and the Public Analyst’s report indicating adulteration was filed on 4 May 1988 but was only served to the …

RAM PARSHOTAM MITTAL & ANR.versusM/S HILLCREST REALTY SDN.BHD. & ORS. ETC.

2009 INSC 926Dismissed

The case concerned whether Hotel Queen Road Pvt. Ltd., a special purpose vehicle, had converted into a public company by resolutions passed on 30 September 2002, which were accompanied by a Form 23 filing and a statement in lieu of prospectus. The conversion would affect the applicability of Section …

U.P STATE ROAD TRANSPORT CORPN.versusMOHD. GHILMAN SHARIF & OTHERS.

2009 INSC 927Disposed off

The Uttar Pradesh State Road Transport Corporation (the appellant) sought to enforce a scheme of nationalisation that granted it exclusive rights to operate on certain routes and cancelled the permits of private operators. Private operators, including Mohd. Gilman Sharif, challenged the scheme, …

GHANSHYAM DASS RELHANversusSTATE OF HARYANA & ORS.

2009 INSC 922Dismissed

Ghanshyam Dass Relhan was appointed as a clerk in the Haryana Government in 1958, confirmed and later promoted, and resigned in 1977 after obtaining permission to join the Kurukshetra Central Bank as a Senior Accountant. He retired from the bank in 1997, received retirement benefits but not a …

AUTHORIZED OFFICER, INDIAN OVERSEAS BANK AND ANR.versusM/S. ASHOK SAW MILL

2009 INSC 921Disposed off

The Authorized Officer of Indian Overseas Bank (IOB) sought to enforce its security interest over the assets of Mis. Ashok Saw Mill under Section 13(4) of the SARFAESI Act after the borrower defaulted on loans, leading to possession and eventual sale of assets. The borrower challenged the actions …

DAWALSABversusKHAJASAB

2009 INSC 907Appeal(s) allowed

The appellant, an elderly father, filed a petition under Section 125 of the CrPC before the Family Court at Bijapur seeking monthly maintenance of Rs.5,000 from his son, who was employed in Syndagi. The Family Court dismissed the petition, holding it lacked jurisdiction because the son worked in …

BHARAT KARSONDAS THAKKARversusM/S. KIRAN CONSTRUCTION CO. AND ORS.

2009 INSC 829Appeal(s) allowed

The case arose from a long‑standing dispute over leasehold lands originally granted to Sowar Ramji Vaity. After a series of agreements, the respondent Kiran Construction Co. (Respondent No.1) sought to enforce a 1982 injunction restraining the Vaity family and others from dealing with the …

TAHAZHATHE PURAYIL SARABI & ORS.versusUNION OF INDIA & ANR.

2009 INSC 815Appeal(s) allowed

The appellants' husband was robbed and thrown from a moving train in 1998, resulting in his death. The appellants filed a claim for compensation before the Railway Claims Tribunal, which awarded Rs.4 lakh in 2007 but granted interest only in case of default. The appellants appealed, arguing that …

M.D., M/S. RAMAKRISHNA POULTRY P. LTD.versusR. CHELLAPPAN & ORS.

2009 INSC 753Appeal(s) allowed

M/s. Ramakrishna Poultry Ltd., a poultry farmer, purchased land and erected sheds while the Power Grid Corporation was surveying a 400 kV transmission line that would pass over the sheds. The company claimed that the high‑voltage lines would harm its birds and sought a realignment or increased tower …

JAMIRUDDIN ANSARIversusCENTRAL BUREAU OF INVESTIGATION & ANR.

2009 INSC 733Disposed off

The case arose from a private complaint filed under Section 9(1) of the Maharashtra Control of Organised Crime Act (MCOCA) alleging organised crime offences by senior police officials. The Special Court ordered an investigation, but the Bombay High Court Full Bench was split on whether such a …

UNION OF INDIA & ORS.versusPARUL DEBNATH & ORS.

2009 INSC 745Dismissed

The respondents, Home Guards in the Andaman & Nicobar Islands, had served continuously for 12‑23 years and sought regularisation and equal pay with regular employees. The Central Administrative Tribunal directed the government to frame a scheme for their absorption, invoking the principles laid down …

VIJAYANversusSADANANDAN K. & ANR.

2009 INSC 680Dismissed

Vijayan was convicted under Section 138 of the Negotiable Instruments Act and sentenced to one year imprisonment with a direction to pay Rs.8.25 lakh as compensation under Section 357(3) of the Code of Criminal Procedure (CrPC), with a default term of six months’ imprisonment for non‑payment. The …

HARI RAMversusSTATE OF RAJASTHAN & ANR.

2009 INSC 693Appeal(s) allowed

Hari Ram was arrested in 1998 for offences under the IPC and the trial court initially held him to be a juvenile (under 16) and sent the case to the Juvenile Justice Board. The Rajasthan High Court later held he was over 16 and applied the 1986 Juvenile Act, rejecting the claim of juvenility. On …

STATE OF MADHYA PRADESHversusRAMESHWAR & ORS.

2009 INSC 456Disposed off

The State of Madhya Pradesh prosecuted directors of Indore Premier Co-operative Bank for allegedly sanctioning loans without proper verification, invoking Sections 409, 418, 420, 120‑B IPC and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The Trial Court framed charges, …

KISHORSINH RATANSINH JADEJAversusMARUTI CORP. & ORS.

2009 INSC 457Disposed off

The appellants, owners of agricultural land, entered into an agreement in 1980 for a cooperative housing project that later failed, leading the respondent Maruti Corp. to sue for specific performance in 1999. While the Gujarat High Court admitted the appeal and initially ordered that any dealing …

M/S. JOY AUTO WORKS & ORSversusSUMER BUILDERS (P) LTD. & ANR.

2009 INSC 455Appeal(s) allowed

The appellants, owners of Plot No.878 and a portion of Plot No.879 in Mumbai, relied on a motorable access through Plot No.879 to reach their land, as no other road existed. After the respondent acquired the remaining part of Plot No.879, it obstructed this access, prompting the appellants to seek a …

M/S VEENA CORP.THROUGH RAJAN BABULAL MEHTAversusASHOK ARJANBHAI JOLIA & ORS.

2009 INSC 369Dismissed

The case arose from a dispute under the Slum Rehabilitation Scheme where the developer (M/s Veena Corp.) had obtained the Slum Rehabilitation Authority’s (SRA) sanction for an amended plan to provide a detached structure for a flour mill belonging to respondents No.1 and No.2. The respondents were …

IZHARUL HAQ ABDUL HAMID SHAIKH & ANR.versusSTATE OF GUJARAT

2009 INSC 332Disposed off

Three criminal appeals under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) sought bail for appellants – Izharl Haq Abdul Hamid Shaikh, Amir Gulam Husein Bandukwala and labourer Jivan Raghu Varli – who had been denied bail by Designated TADA Courts. The appellants argued that …

VADIRAJ NAGGAPPA VERNEKAR (D) THROUGH LRS.versusSHARAD CHAND PRABHAKAR GOGATE

2009 INSC 245Dismissed

The suit concerned the ownership of a flat and the validity of letters of administration obtained by the respondent. A key witness, Sadanand Sheshgiri Shet, gave his evidence by affidavit under Order 17 Rule 4 CPC. The plaintiffs later moved a motion under Order 18 Rule 17 CPC seeking to recall the …

SHIV KUMAR MISHRAversusSTATE OF GOA THROUGH HOME SECRETARY

2009 INSC 236Dismissed

Shiv Kumar Mishra was convicted under Section 20(b)(ii)(B) of the NDPS Act for possession of 1.31 kg of ganja and sentenced to three years' rigorous imprisonment. He appealed, arguing that the weight should exclude seeds, leaves, and moisture, which would reduce the quantity below the 1 kg threshold …

KRISHAN GOPALversusSANDHYA DEVI & ORS.

2009 INSC 204Dismissed

The respondents, parents of a deceased pillion rider, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for death caused by a bus and a scooter. The Motor Accident Claims Tribunal dismissed the claim, holding the appellant had not proved negligence. On appeal, the …

RAM PAL SINGH & ORS.versusSTATE OF U.P. & ANR.

2009 INSC 184Dismissed

The incident on 1 October 2006 resulted in the death of Brijesh Kumar Singh and injuries to Manvender Singh. The FIR named Ram Pal Singh, Deepak Singh, Ajai Kumar Singh and Anil Kumar Singh, but they were not listed as accused in the charge‑sheet. During trial, PW‑1 (Kamlesh Singh) identified the …

PRAGJYOTISH GAONLIA BANK & ANR.versusBRIJLAL DAS

2009 INSC 185Appeal(s) allowed

The Supreme Court examined whether a Scheduled Caste officer, placed 39th on a promotion selection list for Officer Scale II, was entitled to automatic promotion under a concession in NABARD circulars. The bank had 17 vacancies and a circular stating that SC/ST candidates within the number of …

VIJAY KUMAR & ANR.versusDHARAM PAL & ORS.

2009 INSC 136Dismissed

The suit for possession was filed by Dharam Pal (Respondent No.1) asserting ownership of two properties. The defendants, Vijay Kumar & Anr., contended that the properties were bought benami in Dharam Pal's name and that Section 4 of the Benami Transactions (Prohibition) Act, 1988 barred their …

SHAKUNT ALA DEVI & ORS.versusCHAMRU MAHTO & ANR.

2009 INSC 138Dismissed

The appellants sought restoration of possession of land under Section 145(6) of the Criminal Procedure Code after an Executive Magistrate had declared their right to possession in 1994. The respondent obtained a revision and the High Court set aside the lower courts' orders, invoking the Specific …

STATE OF ORISSAversusGOVERNMENT OF INDIA & ANR.

2009 INSC 119Disposed off

The State of Orissa filed a writ petition under Article 32 seeking the constitution of a Water Disputes Tribunal and an interim injunction against the State of Andhra Pradesh, which was constructing a side‑channel weir and flood‑flow canal on the Vansadhara river despite a 1994 agreement to share …

SAMARTH SHIKSHA SAMITI & ANR.versusBIR BAHADUR SINGH RATHOUR & ORS.

2009 INSC 96Appeal(s) allowed

The respondent, Bir Bahadur Singh Rathour, was appointed as a Lower Division Clerk by Samarth Shiksha Samiti, a society registered under the Societies Registration Act, and posted in one of its schools. He was later promoted to Upper Division Clerk, transferred to the Samiti’s central office, and …

JITENDRA PANCHALversusINTELLIGENCE OFFICER, NCB & ANR.

2009 INSC 100Dismissed

Jitendra Panchal was arrested in Austria, extradited to the United States and convicted under the US Controlled Substances Act for conspiracy to possess and distribute hashish, serving a 54‑month sentence. After deportation to India, he was arrested by the Narcotics Control Bureau and charged under …

JARNAIL SINGHversusSTATE OF PUNJAB

2009 INSC 33Appeal(s) allowed

Jarnail Singh was convicted by the trial court for causing the death of Ramtar under Section 304 Part II of the IPC and sentenced to eight years' rigorous imprisonment. On appeal, the Punjab & Haryana High Court, although the appeal was filed by the accused and not the State, altered the conviction …

OM CONSTRUCTION CO.versusAHMEDABAD MUNICIPAL CORP. & ANR.

2009 INSC 26Appeal(s) allowed

OM Construction Co, a contractor, completed stone‑paving work for Ahmedabad Municipal Corporation (AMC) but was not paid the full amount due. The contract contained Clause 30 of Form B‑1, which referred disputes to arbitration, but the arbitration clause did not specify a procedure for appointing an …

BRINDABAN DAS AND ORS.versusSTATE OF WEST BENGAL

2009 INSC 9Appeal(s) allowed

The case arose from a murder FIR filed on 29‑11‑2002 in which, besides the named assailant Laxman Murmu, the complainant alleged that several other persons might have been involved. The appellants were granted anticipatory bail, later discharged from the case on 30‑6‑2004, and were not named in the …

CHOUDHURY PARVEEN SULTANAversusSTATE OF WEST BENGAL AND ANR.

2009 INSC 10Appeal(s) allowed

The appellant filed a complaint alleging that a Deputy Superintendent of Police, while investigating a shooting case, threatened her husband to withdraw his statement and attempted to obtain his signature on a blank paper. The Judicial Magistrate took cognizance of the alleged offences under IPC …

BALJIT SINGHversusIMPROVEMENT TRUST LUDHIANA & ANR.

2009 INSC 1Disposed off

Baljit Singh purchased plot No.91-8 from Smt. Shammi Verma, who had been allotted the plot by the Improvement Trust, Ludhiana, and the transfer was approved by the Trust. The Trust later cancelled the original allotment on the ground that Smt. Verma was not a "locally displaced person" and that the …

BANK OF BARODA & ORS.versusGANPAT SINGH DEORA

2008 INSC 1478Appeal(s) allowed

Ganpat Singh Deora, a Bank of Baroda employee aged 40 with 13 years of service, opted for voluntary retirement under the Bank's 2001 Voluntary Retirement Scheme (BOBEVRS‑2001). While he received the scheme’s retiral benefits, his claim for a pension under the Bank of Baroda Employees Pension …

PUTTASWAMYversusSTATE OF KARNATAKA & ANOTHER

2008 INSC 1413Disposed off

The appellant was convicted under Sections 279 and 304A of the IPC for causing the death of a seven‑year‑old girl by negligent driving of a tractor. He was sentenced to six months' simple imprisonment and a fine of Rs.2,000, with the conviction under Section 279 later set aside by the High Court. …

STATE OF WEST BENGAL & ORS.versusKABERI KHASTAGIR & ORS.

2008 INSC 1411Appeal(s) allowed

The respondents, appointed as supervisors and Child Development Project Officers (CDPO) under the Integrated Child Development Scheme (ICDS) in West Bengal, claimed that they were State Government employees and sought mandatory promotion of 75% of CDPO and Assistant CDPO posts from female …

GULLIPILLI SOWRIA RAJversusBANDARU PAVANI @ GULLIPILI PAVANI

2008 INSC 1399Dismissed

The appellant, a Roman Catholic Christian, married the respondent, a Hindu, in a temple according to Hindu customs and later registered the marriage under Section 8 of the Hindu Marriage Act, 1955. The respondent filed a petition under Section 12(1)(c) seeking a decree of nullity, alleging the …

SHRI ARUN B. KHANJIREversusTHE ICHALKARANJI URBAN CO-OP. BANK LTD. & ORS.

2008 INSC 1391Dismissed

The petitioner, Arun B. Khanjire, disputed his liability for loans taken from ICHALKARANJI URBAN CO-OP BANK Ltd. and faced recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The Assistant Registrar issued recovery certificates, which the petitioner challenged …

BRIGADIER MAN MOHAN SHARMA, FRGS (RETD.)versusLT. GEN. DEPINDER SINGH

2008 INSC 1353Appeal(s) allowed

Lt. Gen. Depinder Singh (author) entered a publication agreement with Dattatreya Prakashan, later acquired by the appellant (Trishul Publications). After publishing the first and second editions, the appellant refused further editions and suggested the author authorize another publisher, Natraj …

OM PRAKASH MARWAHA (D) THR. LRS. & ORS.versusJAGDISH LAL MARWAHA (D) THR. LRS.

2008 INSC 1354Dismissed

The plaintiff sought vacant and peaceful possession of a Delhi property, but the suit was dismissed. The plaintiff appealed, and during the first appeal the sole defendant died. An application for substitution of the defendant’s legal heirs was filed but remained pending, and the decree was …

STATE OF KARNATAKA & ORS.versusK. GOVINDAPPA & ANR.

2008 INSC 1328Dismissed

The State of Karnataka challenged the appointment of K. Govindappa as Lecturer in History in an aided private college, arguing that the post formed part of a larger cadre of lecturers and should be subject to the reservation roster. The college had six lecturer posts across different disciplines, …

DEEPAK BAJAJversusSTATE OF MAHARASHTRA & ANR

2008 INSC 1292Case Allowed

The Supreme Court examined a writ petition under Article 32 challenging a preventive detention order issued against Deepak Bajaj under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition was filed before the order was executed, raising the issue of …

M/S SRI KRISHNA AGENCIESversusSTATE OF A.P. & ANR.

2008 INSC 1288Appeal(s) allowed

The appellant, Sri Krishna Agencies, filed a criminal complaint under Section 138 of the Negotiable Instruments Act for three dishonoured cheques of Rs. 5 lakh each. The respondent argued that the dispute was already before an arbitration forum and therefore the matter was civil, prompting the …

DIRECTOR ( STUDIES) & ORS.versusVAIBHAV SINGH CHAUHAN

2008 INSC 1237Appeal(s) allowed

The respondent, a student of hospitality management, was caught with a slip containing exam material during the 2005 Front Office Management exam and confessed to possessing it. The institute disqualified him for one academic session under Rule 9.2 of its Examination Rules and allowed re‑admission …

RADHEY SHYAM GUPTAversusPUNJAB NATIONAL BANK & ANR.

2008 INSC 1238Appeal(s) allowed

The appellant, a guarantor, challenged the attachment of his fixed deposit receipts, which were created from his pension and gratuity, by the executing court in a suit filed by the bank to recover a loan. The trial court had decreed that the bank could recover the debt by first auctioning the …

INDU JAINversusSTATE OF MADHYA PRADESH & ORS.

2008 INSC 1215Disposed off

The Supreme Court examined the custodial death of R.K. Jain, a Deputy Commissioner who suffered from asthma and died of asphyxia after being detained in a dust‑filled, windowless room by officers of the Lokayukta. The Sessions Court had framed charges under Section 304 Part II IPC but omitted …

BABULAL KHANDELWAL & ORS.versusBALKRISHAN D. SANGHVI & ORS.

2008 INSC 1164Dismissed

Respondent No.1 filed an administration suit to administer the intestate estate of his deceased parents. During the suit he sought to amend the plaint to implead the appellants, alleging that two properties had been alienated to a company and to the appellants during the parents' lifetimes. The …

MANOJ SHARMAversusSTATE & ORS.

2008 INSC 1166Appeal(s) allowed

Manoj Sharma was charged in an FIR for offences including cheating, forgery and fraud under Sections 420, 468, 471, 34 and 120‑B IPC. The complainant and the accused later reached an amicable settlement and the complainant withdrew the allegations. The Delhi High Court refused to quash the FIR, …

VANIYANKANDY BHASKARANversusMOOLIYIL PADINHJAREKANDY SHEELA

2008 INSC 1146Dismissed

The respondent obtained a decree for possession of a suit property in 1990, which was later enforced through execution proceedings in 2004. The appellant, after the execution commenced, filed a suit for specific performance of an alleged oral agreement and sought an injunction to stay the eviction. …

SOUTHERN SALES & SERVICES & ORS.versusSAUERMILCH DESIGN & HANDELS GMBH

2008 INSC 1121Dismissed

The respondent filed a suit under Order 37 of the Code of Civil Procedure, 1908 for recovery of Euro 757,885.42. The defendant raised triable issues and admitted part of the claim; the trial court gave unconditional leave to defend. The Karnataka High Court modified this to conditional leave, …

RUKMINI NARVEKARversusVIJAYA SATARDEKAR & ORS.

2008 INSC 1131Disposed off

The appellant Rukmini Narvekar filed a criminal complaint alleging that advocate Ranjit Satardekar fraudulently obtained her signature on a Power of Attorney and used it to sell her property to his wife Vijaya Satardekar. The High Court quashed the criminal proceedings against both accused, relying …

U.P. STATE ELECTRICITY BOARDversusLAXMI KANT GUPTA

2008 INSC 1095Appeal(s) allowed

Laxmi Kant Gupta, a temporary employee of the U.P. State Electricity Board, was terminated in 1986 without compliance with Section 6-N of the U.P. Industrial Disputes Act, 1947. He raised the dispute only after a ten‑year delay, and the Labour Court ordered his reinstatement without back wages, …

NAREN CHANDRA NASKARversusARUN BHATTACHARYA & ORS.

2008 INSC 1086Case Partly allowed

The appellant, Naren Chandra Naskar, challenged the registration of his sale deed, alleging forgery, after a criminal complaint was filed by the District Registrar. Both his deed and the respondent's deed were recorded with identical registration details, prompting the Calcutta High Court to order …

HAR SINGHversusSTATE OF UTTARAKHAND

2008 INSC 1054Dismissed

The appellants were accused of murdering Bhupal Singh after a dispute over gambling winnings. The prosecution alleged that the accused followed the deceased, assaulted him, and that he was killed shortly thereafter, with his body later recovered at the instance of accused Mohan Singh. The trial …

UNION OF INDIAversusRANU BHANDARI

2008 INSC 1049Dismissed

Sanjay Bhandari was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged misuse of Export Promotion Capital Goods licences and smuggling of imported vehicles. His wife, Ranu Bhandari, filed a habeas corpus …

UNION OF INDIA AND ANR.versusSPS VAINS (RETD.) AND ORS.

2008 INSC 1025Dismissed

The case concerned a disparity in pension benefits between Major Generals (and equivalent ranks) who retired before 1 January 1996 and those who retired after, due to the Fifth Central Pay Commission's revision of pay scales. The respondents argued that the cut‑off date created an arbitrary …

STATE OF WEST BENGALversusSHYAMADAS BANERJEE & ANOTHER

2008 INSC 1009Dismissed

The case concerned Shyamadas Banerjee, a sitting MLA who was alleged to have forged medical bills in 1999. Although the offence was committed while he was an MLA, he ceased to be a member of the State Legislature in July 2000, long before a charge‑sheet was filed in 2003 and cognizance was taken by …

V.N. BHARATversusD.D.A. AND ANR.

2008 INSC 1003Appeal(s) allowed

The appellant applied for a self‑financing flat under a Delhi Development Authority scheme, paid the first four instalments and was allotted a flat. The DOA issued a show‑cause notice for non‑payment of the fifth instalment and claimed that a demand letter dated 11‑Sept‑1996 had been served, …

SUPRI ADVERTISING & ENTERTAINMENT PVT. LTD.versusDR. ANAHITA PANDOLE & ORS.

2008 INSC 1008Appeal(s) allowed

Dr. Anahita Pandole filed a writ petition challenging the Mumbai Municipal Corporation's permission to advertising agencies for displaying mobile hoarding advertisements, alleging traffic hazards, environmental damage and harm to heritage buildings. The Bombay High Court directed that such mobile …

M/S INDTEL TECHNICAL SERVICES PVT. LTD.versusW.S. ATKINS RAIL LTD.

2008 INSC 976Case Allowed

M/s. Indtel Technical Services Pvt. Ltd. and W.S. Atkins Rail Ltd. entered into a Memorandum of Understanding on 11 June 2002 to jointly prepare a tender for the Indian Railways Crashworthiness Project. The respondent unilaterally terminated the MoU and withdrew the joint bid, leading the applicant …

NIKHIL MERCHANTversusCENTRAL BUREAU OF INVESTIGATION & ANR

2008 INSC 948Appeal(s) allowed

The appellant, a former managing director of a company that had defaulted on a loan from Andhra Bank, was charged by the CBI with cheating, forgery and corruption offences. The bank’s civil suit for recovery was later compromised, with clause 11 stating that both parties withdrew all claims against …

DINESH SETHversusSTATE OF N.C.T. OF DELHI

2008 INSC 940Dismissed

Dinesh Seth was married to Rama, who died by hanging within two years of marriage. The trial court framed a charge under IPC Section 304B (dowry death) read with Section 34 and convicted the accused. On appeal, the Delhi High Court acquitted them of the 304B charge but convicted Seth under IPC …

SWARAN SINGH & ORS.versusSTATE THROUGH STANDING COUNSEL & ANR.

2008 INSC 941Disposed off

The appellants were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for calling a Scheduled Caste informant "Chamar" (or "Chuda‑Chamar") in what the FIR described as a public setting. The Supreme Court examined whether the term "Chamar" …

T.R. BOOPALAN & ORSversusTAMIL NADU HOUSING BOARD AND ORS.

2008 INSC 914Case Allowed

The appellants owned a 0.81‑acre plot covered by Survey No.188/4 that was subject to a Section 4(1) notification under the Land Acquisition Act, 1894. A writ petition quashed the notification, but the petition mistakenly referred to the land as 0.81 cents; an application to correct this error was …

DR. RAJBIR SINGH DALALversusCHAUDHARI DEVI LAL UNIVERSITY, SIRSA & ANR.

2008 INSC 913Case Allowed

The Chaudhary Devi Lal University advertised for a Reader in Public Administration and appointed Dr. Rajbir Singh Dalal, who holds an M.A. and Ph.D. in Political Science. A lecturer challenged the appointment, arguing that the appellant lacked the required qualification in the "relevant subject" …

TAMILSELVANversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 905Case Allowed

The case involved six sandalwood smugglers accused of shooting a forest guard and injuring a gardener. The FIR described the assailants only as unidentified persons in a group of about 50, and no names were recorded. The trial court convicted all six under Section 302 IPC, but the High Court …

ANIL MISHRAversusUNION OF INDIA AND ORS

2008 INSC 878Dismissed

Anil Mishra, a Deputy Commissioner of Central Excise & Customs, challenged an adverse entry for the year 2000‑01. He filed representations to the Chief Commissioner and the Central Government, both of which were rejected. He then moved an Original Application before the Central Administrative …

DHARMENDRA GOELversusORIENTAL INSURANCE CO. LTD.

2008 INSC 882Case Allowed

The appellant purchased a Tata Sumo and insured it, renewing the policy on 13 February 2002 for Rs 3,54,000. The vehicle was involved in an accident on 10 September 2002 while the policy was in force. The insurer’s surveyor declared the vehicle a total loss and valued it at Rs 1,80,000, whereas the …

H.U.D.AversusRAJ SINGH RANA

2008 INSC 835Case Allowed

The Haryana Urban Development Authority (HUDA) allotted a residential plot to Raj Singh Rana under an allotment letter that stipulated a 7% simple interest rate on instalments of the tentative sale price. After the plot’s acquisition cost was enhanced, HUDA demanded additional payment with interest …

MEERA SAHNIversusLT. GOVERNOR OF DELHI & ORS.

2008 INSC 828Dismissed

The appellants purchased land that had been notified for acquisition under the Land Acquisition Act, 1894, and claimed that they had obtained prior permission under Section 5 of the Delhi Lands (Restrictions on Transfer) Act, 1972, to transfer the land. The High Court dismissed their review and writ …

BHARAT PARIKHversusC.B.I. & ANR.

2008 INSC 824Dismissed

The appellant, Bharat Parikh, was charged in a special CBI case in 1996. After five years he sought production of certain documents, which were eventually produced in 2002, and then applied for reopening of the case and discharge. The Special Judge rejected the application, and the Bombay High Court …

PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITYversusBHUPINDER SINGH

2008 INSC 825Case Partly allowed

In 1989 PUDA invited applications for higher‑income houses, requiring a Rs 4,000 earnest deposit and expressly stating that no interest would be paid on it. Unsuccessful applicants who did not request a refund of their deposit were later included in a second draw of lots in 1996, after which PUDA …

LAKHWINDER SINGHversusUNION OF INDIA & ORS.

2008 INSC 804Dismissed

Lt. General Lakhwinder Singh, an Indian Army officer, was recommended twice by Special Selection Boards for promotion to the rank of Lieutenant General. The Central Government, acting as the appointing authority, rejected the recommendations, deeming him "unfit" because his profile was the weakest …

SATISH SITOLEversusSMT. GANGA

2008 INSC 806Disposed off

Satish Sitole and Smt. Ganga were married on 22 May 1992. The wife left the matrimonial home in August 1994 and the parties lived apart for 14 years, during which they filed multiple suits including a dowry complaint under IPC 498‑A and a petition for divorce under Sections 13(1)(ia) and (ib) of the …

KANTA DEVI & ORS.versusSTATE OF HARYANA & ANR.

2008 INSC 783Case Partly allowed

The State of Haryana acquired 265 kanals of land for a grain market and awarded compensation based on various rates. The High Court, relying on a single sale deed (Exhibit P‑6), enhanced compensation to Rs.2,88,000 per acre but deducted 70% as development charges, which the claimants challenged as …

STATE OF MEGHALAYA & ORS.versusMECKEN SINGH N.MARAK

2008 INSC 628Appeal(s) allowed

The respondent, a Sub‑Inspector of Police, was instructed to transport pay and a service revolver to Shillong in a departmental vehicle but instead travelled by bus, resulting in the loss of Rs.17,314 and the revolver with ammunition. A departmental inquiry proved his misconduct and the competent …

STATE OF HARYANAversusGURBAX SINGH (DEAD) BY LRS & ANR. ETC.

2008 INSC 617Disposed off

The State of Haryana acquired 185 kanals of land from villages Ratgal, Sunderpur and Palwal for a government Ayurvedic college under the Land Acquisition Act, 1894. The Collector initially awarded Rs 40,000 per acre for chahi land and Rs 25,000 per acre for gair mumkin land; the Additional District …

REGIONAL PROVIDENT FUND COMMISSIONERversusBHAVANI

2008 INSC 506Dismissed

Bhavani, a former employee of a Kerala cashew factory, claimed pension under the Employees' Pension Scheme, 1995, asserting she retired on 31‑12‑1995 based on her employer's service records showing her date of birth as 31‑12‑1935. The Regional Provident Fund Commissioner relied on its own records, …

CHAND PATELversusBISMILLAH BEGUM AND ANR.

2008 INSC 364Dismissed

Chand Patel was married to Bismillah Begum, the sister of his first wife, while the first marriage was still subsisting. Bismillah Begum and her minor daughter sought maintenance under Section 125 of the Code of Criminal Procedure. The lower courts held that the marriage, though irregular, continued …

T.A. HAMEEDversusM. VISWANATHAN

2008 INSC 236Disposed off

The Kerala High Court Division Bench referred a question of law to its Full Bench concerning the applicability of Section 11(17) of the Kerala Buildings (Lease and Rent Control) Act to legal heirs of a deceased tenant. The Full Bench answered the question but then proceeded to decide the civil …

KANHAIYALALversusUNION OF INDIA AND ORS.

2008 INSC 25Dismissed

The appellant Kanhaiyalal was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act based primarily on a statement he gave to an officer under Section 67 of the Act. The key issues were whether such a statement could be used as a confession for conviction, whether it attracted …

ASHOK KUMAR SHRIVASTAVA.AND ORS.versusRAM LAL AND OTHERS

2008 INSC 23Disposed off

The Uttar Pradesh Government, facing a shortage of Trade Tax Officers, withdrew 97 Grade‑II posts from the purview of the State Public Service Commission under the proviso to Article 320(3) of the Constitution and filled them through a Limited Departmental Examination in 1987. The appointees were …

ZENITH STEEL TUBES AND INDUSTRIES LTD. AND ANR.versusSICOM LIMITED

2007 INSC 1172Matter referred to larger bench

The appellants, a sick industrial company and its guarantor, sought to enforce a personal guarantee for a loan after the company defaulted. The respondent invoked Section 31(1)(aa) of the State Financial Corporations Act, 1951, while the guarantor claimed protection under Section 22(1) of the Sick …

MAHMOOD AND ANR.versusSTATE OF U.P.

2007 INSC 1154Dismissed

The case concerns the murder of Ram Singh by a group of five assailants armed with firearms and lathis. The son of the deceased, PW‑1, witnessed the attack, lodged a First Information Report (FIR) within about one and a half hours, and identified the accused. All three eye‑witnesses (PW‑1, PW‑2, …

VINITEC ELECTRONICS PRIVATE LTD.versusHCL INFOSYSTEMS LTD.

2007 INSC 1124Dismissed

Vinitec Electronics supplied UPS systems to HCL but HCL defaulted on a portion of the payment. The contract required a performance bank guarantee of 10% of the contract value, which was initially conditional, payable only upon proof of default. The guarantee was later amended to delete the default …

PRABIR BANERJEEversusUNION OF INDIA AND ORS

2007 INSC 1010Dismissed

Prabir Banerjee, a Group‑B Superintendent in the Central Excise Department, was transferred from the Bhopal zone to the Nagpur Commissionerate under an office order. He challenged the transfer, arguing that circulars dated 19 Feb 2004 and 9 Mar 2004 prohibited inter‑zonal transfers, making the order …

SMT. SELVI & ORS.versusSTATE OF KARNATAKA

2007 INSC 520Disposed off

The Supreme Court considered whether the involuntary administration of narcoanalysis, polygraph, and Brain Electrical Activation Profile (BEAP) tests for investigative purposes violates fundamental rights. The Court held that compulsory administration of these techniques violates Article 20(3) of …

NETRAJ SINGHversusSTATE OF M.P.

2007 INSC 333Appeal(s) allowed

Netraaj Singh was acquitted by a trial court of charges under IPC s.302 r/w s.149 on the ground of inadequate evidence. The State appealed, and during the pendency of the appeal the appellant obtained permission to replace his counsel with Mr. Ashutosh Singh. However, the cause list for the final …

UP STATE ROAD TRANSPORT CORPORATIONversusKRISHNA BALA AND ORS.

2006 INSC 426Case Partly allowed

The appellant, U.P. State Road Transport Corporation, challenged the award of Rs.5,12,000 made by a Motor Accident Claims Tribunal to the widows and children of Rajveer Singh, who died in a motor accident on 29‑Nov‑1990. The Tribunal had used a multiplier of 22, based on the deceased’s presumed 22 …

STATE OF U.P. AND ORS.versusRAJ KISHORE YADAV AND ANR.

2006 INSC 376Appeal(s) allowed

The Supreme Court heard Civil Appeal No. 1442 of 2005 filed by the State of U.P. against the High Court's order that set aside the dismissal of Raj Kishore Yadav, a government employee, and reinstated him with full benefits. The employee had been charged with five serious offences, four of which …