Created by Fuzzy Cloud

ARIJIT PASAYAT

1966 judgments · newest first · showing 1–200

VALLABHANENI VENKATESHWARA RAOversusSTATE OF A.P.

2009 INSC 755Appeal(s) allowed

The appellants A‑1 to A‑3 were convicted under IPC sections 302, 149, 148 (and 341 for one) based largely on two dying declarations, Ext P‑12 and Ext P‑14. The High Court upheld the convictions of A‑1 to A‑3 while acquitting A‑4 to A‑7, holding that Ext P‑14 was unreliable. On appeal, the Supreme …

K.N. NARENDRANATHversusSTATE OF KARNATAKA

2009 INSC 756Appeal(s) allowed

The appellant, K.N. Naren... (the husband), was convicted for the murder of his wife Kumadavathi, alleged to have been manually strangulated on 5 December 1998. The trial court, and subsequently the Karnataka High Court, relied primarily on a purported extra‑judicial confession recorded by police …

NARENDRA G. GOELversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 751Dismissed

The husband of a Canadian citizen murdered in Bombay filed a writ petition seeking that forensic DNA analysis of seized evidence be conducted in Canada, as such facilities were unavailable in India. The Bombay High Court directed the investigating agency to send the material to Canada for …

STATE OF RAJASTHAN AND ORS.versusJAGDISH NARAIN CHATURVEDI

2009 INSC 752Disposed off

The Supreme Court examined whether ad‑hoc, daily‑wage or work‑charge appointments made under various Rajasthan service rules constitute appointments to the cadre/service in accordance with the recruitment rules. The petitioners argued that such appointments should be treated as regular service for …

V.N. DEVEDOSSversusCHIEF REVENUE CONTROL OFFICER-CUM-INS. AND ORS.

2009 INSC 748Appeal(s) allowed

The appellant purchased 60.86 acres of land belonging to Dunlop India Ltd, a sick company, through an open‑market tender conducted by an Asset Sales Committee appointed under the Sick Industrial Companies (Special Provisions) Act, 1985. The sale deed was executed at Rs 24.34 crore and registered. …

MUNI KUMAR RAZDANversusTRIMURTI CHARITABLE TRUST, GWALIOR & ORS.

2009 INSC 754Dismissed

Muni Kumar Razaon appealed against a Division Bench order of the Madhya Pradesh High Court that had allowed a Letters Patent Appeal filed by the respondents. The underlying dispute concerned the registration of the Trimurti Charitable Trust under the Madhya Pradesh Public Trust Act, 1951, and a writ …

CHAND GUPTA AND ORS.versusSTATE OF HIMACHAL PRADESH

2009 INSC 759Dismissed

In 1992 the owners of M/s Shiva Enterprises were found by police to have liquor in their godown exceeding the quantity authorized under a transport permit. They were convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 for unlawful possession and sentenced to three years' imprisonment and …

JOYDEEP NEOGI @ BUBAIversusSTATE OF WEST BENGAL

2009 INSC 760Disposed off

The case concerned the murder of a boy who disappeared on 6 November 2001. Four accused were seen at the spot where the child was last seen and were alleged to have misled the search by directing witnesses away from the area and by making a threatening telephone call. The trial court convicted all …

JAVED ALAMversusSTATE OF CHHATTISGARH AND ANR.

2009 INSC 762Disposed off

The case concerns the murder of a college student, Ku Preeti, who was run over by a jeep driven by Samar Vijay Singh on a college campus. The driver (prime accused) and three co‑accused were convicted by the trial court and the High Court; the driver under s.302 IPC and the co‑accused under s.302 …

CHITTARANJAN MIRDHAversusDULAL GHOSH AND ANR.

2009 INSC 763Dismissed

The appellant, Chittaranjan Mirdha, filed a complaint leading to a police FIR and subsequent chargesheet implicating several accused. The Additional Chief Judicial Magistrate took cognizance of the offences and issued warrants, but the appellant later sought further investigation and challenged the …

NINGAPPA YALLAPPA HOSAMANI & ORS.versusSTATE OF KARNATAKA AND ORS.

2009 INSC 764Dismissed

The Supreme Court examined the murder of Namadev, whose body was recovered from a gunny bag after the accused voluntarily disclosed its location. The prosecution relied on circumstantial evidence and statements under Section 27 of the Evidence Act, asserting that the accused who provided the …

ABUTHAGIR AND ORS.versusSTATE REP. BY INSPECTOR OF POLICE, MADURAI

2009 INSC 765Dismissed

The case concerns the murder of Assistant Jailor Jayaprakash near Madurai Central Jail on 29 August 1997. The accused, including Abuthagir, were convicted under IPC sections 302 read with 34, 120B and 148 based largely on the testimony of two eye‑witnesses (PW‑3 and PW‑4) who gave statements after a …

STATE OF U.P.versusATUL SINGH ETC. ETC.

2009 INSC 766Case Partly allowed

The State of Uttar Pradesh prosecuted three accused for the murder of Ajay Kumar. The prosecution relied on the testimony of the victim's father (PW1), an eye‑witness, to secure a conviction of Sanjay Vishwakarma under Section 302 IPC and of Atul Singh and Brij Kishore Singh under Section 302 read …

MUSTAQ AHMED MOHAMMED ISAK AND ORS.versusSTATE OF MAHARASHTRA

2009 INSC 767Dismissed

The appellants were arrested under the Maharashtra Control of Organised Crime Act, 1999 and the Special Court granted two successive extensions of the investigation period, first to 21 August 2006 and then to 4 September 2006, after which the charge‑sheet was filed. The appellants filed a bail …

BALBIR SINGHversusSTATE OF PUNJAB AND ANR.

2009 INSC 768Disposed off

The case arose from FIR No. 43 dated 6 February 2006, registered at Abohar Police Station based on the statement of Balbir Singh. The wife of Gaganjit Singh filed a petition seeking investigation of a cross version she alleged, claiming her husband’s brother was killed by Balbir Singh, and requested …

C. VENKAT REDDY AND ORS.versusUNION OF INDIA AND ORS.

2009 INSC 769Disposed off

Twenty-five petitioners filed writ petitions under Article 32 claiming freedom‑fighter status and entitlement to pension under the Swatantra Sainik Samman Pension Scheme, 1983, but were denied benefits. The Union of India and the Government of Andhra Pradesh reported that after preliminary …

BANI KANTA DAS AND ANR.versusSTATE OF ASSAM AND ORS.

2009 INSC 770Case Partly allowed

A writ petition under Article 32 challenged the Governor of Assam's order commuting a death sentence to life imprisonment for the murder of four family members. The commutation was based on a recommendation from the National Human Rights Commission (NHRC). The Supreme Court examined whether the NHRC …

UNIVERSITY OF KERALAversusCOUNCIL OF PRINCIPALS OF COLLEGES IN KERALA & ORS.

2009 INSC 771Hearing Adjourned

The Supreme Court heard a civil appeal filed by the University of Kerala against the Council of Principals of Colleges in Kerala and others, seeking enforcement of the Raghavan Committee's recommendations to curb ragging in educational institutions. The Court examined whether the judiciary could …

NATIONAL INSURANCE COMPANY LIMITEDversusJ. MAHESHWARAMMA

2009 INSC 772Disposed off

The husband of the complainant had a valid accidental death insurance policy with National Insurance Co. Ltd. and died in a motorcycle accident. The insurer contested the claim, alleging that the deceased's driving licence for a motorcycle was fabricated and that he only possessed a licence for a …

STATE OF WEST BENGALversusDIPAK HALDER & ANR.

2009 INSC 749Appeal(s) allowed

The deceased, Rimu, was burnt to death in a fire allegedly set by her husband Dipak Halder and his in‑laws after a dowry dispute. The prosecution relied on circumstantial evidence, showing that the husband abused the victim, did not attempt to rescue her, and that there was no evidence of a kerosene …

SASIKUMARversusTHE STATE OF TAMIL NADU

2009 INSC 773Dismissed

The appellant, Sasikumar, was convicted of murder under Section 302 IPC for allegedly setting fire to his wife Menaka, who later died. The conviction was based primarily on Menaka's dying declaration recorded by Judicial Magistrate PW5 in the presence of a duty doctor, who affirmed that she was in a …

STATE OF PUNJABversusATMA SINGH AND ORS.

2009 INSC 774Appeal(s) allowed

The State of Punjab prosecuted Atma Singh and others for an armed assault that killed the wife and son of the complainant and injured three eyewitnesses. The trial court convicted the accused under sections 302, 307, 148, 149 and 324 of the IPC and section 27 of the Arms Act. The Punjab & Haryana …

STATE OF PUNJABversusHARDIAL SINGH AND ORS.

2009 INSC 775Case Partly allowed

The State of Punjab appealed a High Court order that quashed charges against Hardial Singh and others for offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the investigation was not carried out by an officer of at least …

M/S. CHAUDHARANA STEELS (P) LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD

2009 INSC 776Dismissed

M/s Chaudhara Steels (P) Ltd. appealed against the Commissioner of Central Excise, Allahabad, challenging the dismissal of its appeal under Section 35‑G of the Central Excise Act, 1944. The sole issue was whether a High Court can condone delay in filing such an appeal. The Supreme Court examined …

THE CHIEF SOIL CONSERVATOR PUNJAB AND ORS.versusGURMAIL SINGH

2009 INSC 777Disposed off

The workman Gurmail Singh was employed intermittently as a bulldozer operator on 89‑day contracts from November 1990 until his termination on 15 July 1996. He claimed that his dismissal without notice, enquiry or compensation amounted to retrenchment under the Industrial Disputes Act, 1947 and …

SABIR SIDDIQ MALIKversusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.

2009 INSC 778Dismissed

The appellants, including Sabir Siddiq Malik, contended that they were not encroachers in Sanjay Gandhi National Park and challenged the Bombay High Court's order directing the formation of a Grievance Redressal Committee to resolve the dispute. The respondents, the State of Maharashtra and the …

COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHANversusMCDOWELL & CO. LTD.

2009 INSC 781Disposed off

The case involved McDowell & Co. Ltd. challenging the revenue's disallowance of deductions under Section 438 of the Income Tax Act, 1961, relating to unpaid bottling fees and interest secured by a bank guarantee, and other claims such as depreciation on R&D assets, transformer purchase, and …

COMMISSIONER OF CUSTOMS, AMRITSARversusM/S. AJAY KUMAR AND CO.

2009 INSC 757Dismissed

The respondent, Mis. Ajay Kumar & Co., purchased a transferable Duty Entitlement Pass Book (DEPB) and associated licences originally issued to Mis. Parker Industries. The Commissioner of Customs issued show‑cause notices to the respondent demanding recovery of Rs.12,45,174 under Section 28(1) of the …

K.T. JOSEPHversusSTATE OF KERALA & ANR.

2009 INSC 758Disposed off

The Supreme Court considered an appeal against a transfer order of criminal proceedings (CC 1290 of 2008) to the Chief Judicial Magistrate, Ernakulam, made by a Single Judge of the Kerala High Court. The High Court had observed that, following the 2005 amendment to Section 202 of the Code of …

STATE OF U.P.versusSHOBHANATH AND ORS.

2009 INSC 782Appeal(s) allowed

The incident occurred on 2 November 1981 when Ram Abhilakh Dubey was attacked and later died, leading to charges against Shobhanath, Triveni Prasad and others under Sections 302 r/w 149, 147 and 148 of the IPC. The trial court convicted the accused and sentenced them to life imprisonment, but the …

JALESHWAR SINGHversusSTATE OF BIHAR

2009 INSC 717Case Partly allowed

The case arose from a land dispute that escalated into a violent altercation in which the deceased, Chintamani Singh, was fatally injured. The prosecution alleged that appellant No.1, Jaleshwar Singh, ordered the assault and that appellant No.2 delivered the fatal blow, leading to a conviction under …

SUBHASH SONI & ANR.versusSTATE OF M.P.

2009 INSC 718Dismissed

The appellants Subhash Soni and others were convicted under Sections 302 and 34 of the IPC for murder, primarily on the basis of an oral dying declaration made by the deceased while being taken to hospital. The High Court upheld the conviction despite discarding the testimony of two eye‑witnesses, …

PERLA SOMASEKHARA REDDY AND ORS.versusSTATE OF A.P. REP. BY PUBLIC PROSECUTOR

2009 INSC 719Dismissed

The accused were charged with murder and related offences under the IPC and the Explosive Substances Act. The trial court acquitted them, but the High Court, on appeal by the State, convicted several of the accused under sections 302, 302 r/w 149 and 307, while acquitting them of other charges. The …

NATIONAL INSURANCE COMPANY LTD.versusHAMIDA KHATOON AND ORS.

2009 INSC 723Appeal(s) allowed

The deceased employee was killed in a road accident involving a BSF truck. The dependents filed a claim for compensation under Section 173 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, which awarded Rs.1,20,000. The insurer challenged the claim, contending that Section 53 of …

SUNKARA LAKSHMINARASAMMA AND ANR.versusSAGI SUBBA RAJU AND ORS. ETC.

2009 INSC 724Disposed off

The petitioners, Sunkara Lakshminarasamma and others, filed an application to be transposed as petitioners in several Special Leave Petitions, asserting in an affidavit that the petitioner's mother‑in‑law had died a year and a half earlier. Respondents later produced evidence and affidavits …

JAKIRversusSTATE OF M.P.

2009 INSC 726Appeal(s) allowed

The appellant Jakir was one of five accused of abduction and rape under IPC sections 366A and 376(2). The trial court convicted three of the accused, including Jakir, sentencing each to ten years, while two absconded. The victim, during her examination‑in‑chief, positively identified two of the …

SHINDHU & ORS.versusSTATE OF KARNATAKA

2009 INSC 727Appeal(s) allowed

The deceased Sharada allegedly committed suicide by jumping into a well due to alleged cruelty by her relatives. Five persons – the father‑in‑law, mother‑in‑law, husband, brother‑in‑law and sister‑in‑law – were charged under Sections 498‑A and 306 IPC read with Section 34. The trial court acquitted …

UNION OF INDIA AND ORS.versusDIPAK KUMAR SANTRA

2009 INSC 728Appeal(s) allowed

The case concerned Dipak Kumar Santra, who was discharged from the Indian Army after failing the clerks' proficiency and aptitude tests. He filed a writ petition challenging his discharge, arguing that the competent authority lacked power under Rule 13(3) of the Army Rules, 1954, and that the …

BHARAT PRASAD & ORS.versusTHE STATE OF BIHAR & ORS.

2009 INSC 729Appeal(s) allowed

The appellants, who had been granted Bataidari rights over a parcel of land through a proceeding under Section 48E of the Bihar Tenancy Act, saw those rights later challenged through multiple criminal proceedings under Sections 144 and 145 of the Code of Criminal Procedure. The High Court refused to …

PRAHLAD SINGH & ANR.versusSTATE OF U.P. & ORS.

2009 INSC 704Disposed off

The petitioners, operators of 55‑seater stage‑carriage buses, challenged the demand of additional tax under Article II of Part D of the Uttar Pradesh Motor Vehicles Taxation Act, 1997, arguing that they only carried passengers and their luggage and should pay tax only under Article I Item 7 for …

SECRETARY, M/O DEFENCE & ORS.versusAJIT SINGH

2009 INSC 741Appeal(s) allowed

Ajit Singh, an army soldier enlisted on 29-09-1985, suffered a 20% disability due to an electric shock while on casual leave and was medically discharged after 4 years, 11 months of service. He filed a suit seeking a disability pension, which was granted by the trial court, the district court, and …

D. JAYANAversusSTATE OF KARNATAKA

2009 INSC 746Case Partly allowed

The appellant, D. Jayana, was convicted by a trial court of dowry death under Section 304-8 IPC and cruelty under Section 498-A IPC, receiving a life term for the former. The Karnataka High Court upheld both convictions but reduced the sentences to seven years for 304-8 and three years for 498-A, to …

SHRISHTI NARAIN JHAversusBINDESHWAR JHA AND ORS.

2009 INSC 678Dismissed

The appellant, Shrishti Narain Jha, alleged that on the night of 5-6 July 1981 a group of 14‑15 dacoits entered his house, assaulted his family, killed his father and stole valuables. The prosecution relied on the informant’s (PW‑7) statement and the testimony of his brothers (PW‑4, PW‑6) who …

BIMLA DEVI AND ANR.versusSTATE OF JAMMU AND KASHMIR

2009 INSC 682Appeal(s) allowed

The appellants were convicted by the trial court for offences under Sections 306 (abetment of suicide) and 498-A (dowry harassment) of the Ranbir Penal Code, although the charge originally framed was only under Section 302 IPC (murder) read with Section 34. The High Court upheld the conviction, …

AKULA VEERA VENKATA SURYA PRAKASH @BABIversusPUBLIC PROSEUCTOR, HIGH COURT OF AP.

2009 INSC 686Appeal(s) allowed

The Supreme Court examined the conviction of accused No.1 (A‑1) under Section 302 IPC for the murder of Abbai Reddy. The Court found that the testimony of the injured eyewitness (PW‑1) was riddled with inconsistencies, including contradictory statements about the location of the incident, the …

NARENDRAversusSTATE OF KARNATAKA

2009 INSC 689Dismissed

The appellant, Narendra, was charged with murder and cruelty under Sections 302 and 498A IPC for the death of his wife Mythradevi in February 1994. The trial court acquitted him, accepting his alibi that he was away buying milk and finding the prosecution evidence insufficient. On appeal, the …

BAWA RAM & ANR.versusSTATE OF U.T. CHANDIGARH

2009 INSC 690Disposed off

The accused were convicted under Section 302 read with Section 34 of the IPC for allegedly pouring kerosene on the deceased, Nazar Khan, based on two dying declarations. The deceased's father, mother and uncle initially gave statements implicating the accused but later retracted, asserting that the …

RANVIR YADAVversusSTATE OF BIHAR

2009 INSC 694Case Partly allowed

The Supreme Court examined the conviction of Ranvir Yadav under Section 302 of the IPC for murder, arising from a 1982 incident on the Ganges. The appellant contended that the trial court failed to put any incriminating material before him during the examination under Section 313 of the CrPC, …

MOTILAL AND ANR.versusSTATE OF RAJASTHAN

2009 INSC 676Disposed off

The case concerned the murder of Gyan Chand on 11 November 1993, for which eight persons were tried and several were convicted under Section 302 read with Section 34 of the IPC. The appellants challenged their convictions on the grounds that the First Information Report (FIR) was ante‑dated, showing …

STATE OF U.P.versusPARAS NATH SINGH

2009 INSC 669Appeal(s) allowed

Paras Nath Singh, a public servant, was convicted by a trial court under IPC sections 409 and 468. The Sessions Judge acquitted him, holding that the sanction for prosecution was not given by an authorized authority, that the charges were improperly framed, and that the examination under Section 313 …

BRAHAM DASSversusSTATE OF H.P.

2009 INSC 698Appeal(s) allowed

The appellant, a bus driver for the Himachal Pradesh Road Transport Corporation, was charged under Sections 279 and 304A of the Indian Penal Code for starting a bus while a passenger was on the roof, leading to the passenger's fatal injuries. The trial court acquitted him, finding no evidence of …

STATE OF M.P.versusDEVENDRA

2009 INSC 670Disposed off

The State of Madhya Pradesh appealed against directions issued by the Indore Bench of the High Court that mandated the State Government to amend police regulations to require photographs of complainants, material witnesses and accused persons to be taken and attached to charge sheets in all criminal …

STATE OF RAJASTHANversusBHIYA RAM

2009 INSC 692Appeal(s) allowed

The accused Bhiya Ram and Prahlad Ram were stopped while riding a motorcycle and a large quantity of opium was seized. The seized material was sent to the Forensic Science Laboratory (FSL) for analysis, and the accused contended that the samples did not reach the FSL with the seals intact, rendering …

SUBBUSINGHversusSTATE BY PUBLIC PROSECUTOR

2009 INSC 662Dismissed

Subbusingh, a Sub‑Inspector of Police, demanded a bribe of Rs 500 from parties involved in a land dispute, using his friend Rajappan to collect the money and threatening the complainant with false criminal charges. A trap was set up in which the money was tested with phenolphthalein, which showed a …

STATE OF KARNATAKAversusY. MOIDEEN KUNHI (DEAD) BY LRS.

2009 INSC 664Hearing Adjourned

The State of Karnataka challenged a Karnataka Land Reforms Tribunal order that declared a partnership firm to be holding 368.16 acres of agricultural land in excess of the ceiling limit. The State alleged fraud by the declarants and the Tribunal's secretary (Tahsiladar) and filed a review petition …

STATE OF RAJASTHANversusPARMENDRA SINGH

2009 INSC 665Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Parmendra Singh, who had been convicted of murder, dowry death and related offences under the IPC based largely on the victim's dying declarations. The Rajasthan High Court set aside the conviction, holding that the dying declarations were unreliable …

STATE OF A.P.versusV.V.PANDURANGA RAO

2009 INSC 667Dismissed

The State of Andhra Pradesh prosecuted V.V. Panduranga Rao for the murder of his wife under IPC s.302, alleging he also attempted suicide. The trial court convicted him, but the High Court acquitted, finding the mother’s testimony unreliable, the telephonic report to police not recorded in writing, …

SHAIKH MAQSOODversusSTATE OF MAHARASHTRA

2009 INSC 668Appeal(s) allowed

Shaikh Maqsood was convicted under Section 302 IPC for allegedly pouring kerosene on his wife and setting her on fire, with the trial and High Courts relying on circumstantial evidence. The appellant appealed, contending that during his examination under Section 313 of the CrPC no question was put …

SAYYED SHABIRALLI HAFIZALIversusSTATE OF MAHARASHTRA

2009 INSC 663Dismissed

The appellant, a Sub‑Engineer of the Maharashtra State Electricity Board, was convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act for demanding Rs 100 as a bribe to issue a gate pass. The Supreme Court examined whether the gratification was "trivial" under …

NATIONAL HUMAN RIGHTS COMMISSIONversusSTATE OF GUJARAT

2009 INSC 655Hearing Adjourned

The Supreme Court entertained petitions filed by the National Human Rights Commission seeking transfer of Gujarat riot trials and further investigation. The Court had earlier ordered the Gujarat Government to constitute a five‑member Special Investigation Team (SIT) to reinvestigate nine cases and …

STATE OF KERALAversusC.A. JABBAR

2009 INSC 658Disposed off

The vehicle of C.A. Jabbar was seized under Section 55(a) of the Kerala Abkari Act and the Assistant Excise Commissioner ordered the respondent to furnish a bank guarantee equal to the vehicle's value for its release. The High Court, ignoring this direction, ordered the vehicle's release upon …

VIKRAM SINGHversusSTATE OF HARYANA

2009 INSC 660Case Partly allowed

Vikram Singh was convicted in 1998 for a crime committed on 20‑02‑1996 and sentenced to life imprisonment. He contended that he was a juvenile at the time of the offence, being born on 04‑05‑1980, and therefore entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, …

NORTH WEST KARNATAKA RD. TRANSPORT CORP.versusGOURABAI AND ORS.

2009 INSC 661Appeal(s) allowed

The Supreme Court heard an appeal by North West Karnataka Road Transport Corp. against an award of Rs.2,59,400 made by the Motor Accident Claims Tribunal (MACT) to the family of a deceased person. The appellant argued that the deceased suffered a fatal head injury after falling from a height of 8‑10 …

ANKUSH MARUTI SHINDE & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 649Disposed off

The case involved six accused who were charged with dacoity, murder and gang rape of a minor girl and her family members. The trial court convicted all of them under Sections 302, 376(2)(g), 307, 34, 397, 395 and 396 of the IPC and sentenced each to death; the High Court confirmed death for three …

STATE OF A.P.versusE. SATYANARAYANA

2009 INSC 648Dismissed

E. Satyanarayana was charged with murdering his wife and minor son. The trial court convicted him on the basis of an alleged extra‑judicial confession made to the Village Administrative Officer and the recovery of a blood‑stained sickle, sentencing him to life imprisonment. The Andhra Pradesh High …

RAVINDER SINGHversusSTATE OF HIMACHAL PRADESH

2009 INSC 654Case Partly allowed

Ravinder Singh was stopped while transporting five bottles of illicit liquor and was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914, receiving a six‑month imprisonment. He appealed, contending that at the time of the offence (25 May 1995) no minimum sentence was prescribed, and that …

DAUNA DEVIversusSTATE OF BIHAR

2009 INSC 638Appeal(s) allowed

The appellant Dauna Devi was convicted along with another accused for murder and concealment of body under Sections 302 read with 34 and 201 IPC, based solely on circumstantial evidence that the dead child's body was recovered from a house allegedly belonging to the accused. The prosecution alleged …

TIPPARAM PRABHAKARversusTHE STATE OF ANDHRA PRADESH

2009 INSC 639Appeal(s) allowed

The appellant A2 and two others were charged with murder under Section 302 read with Section 34 of the IPC for the death of Damera Shiva Kumar. The prosecution relied on the "last‑seen" theory, stating that A2 and A3 had taken the deceased on a motorcycle shortly before the body was found, and on …

STATE OF U.P.versusHARI CHAND

2009 INSC 640Appeal(s) allowed

The State of Uttar Pradesh prosecuted Hari Chand and Jautam alias Andhi for murder under IPC s.302, alleging they caught the victim, Mool Chand, and shot him at close range. The trial court convicted them based on the consistent testimony of three eye‑witnesses and corroborating medical evidence of …

STATE OF RAJASTHANversusJAGDISH PRASAD

2009 INSC 642Appeal(s) allowed

Jagdish Prasad was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced by the trial court to six months' rigorous imprisonment, the minimum punishment prescribed. The Rajasthan High Court commuted the sentence to a fine of Rs.6,000 and directed the …

HARYANA URBAN DEVELOPMENT AUTHORITY AND ANR.versusSATISH HANS

2009 INSC 643Appeal(s) allowed

The dispute involved a shop allottee who had paid Rs.82,000 and Rs.207,000 for a plot purchased at auction in 1993, but the developer (HUDA) resumed the plot due to non‑payment of further installments. The allottee filed a complaint under Section 12 of the Consumer Protection Act, 1986, before the …

LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 644Disposed off

The Supreme Court examined an appeal arising under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, where a Special Court had held that certain land belonged to a temple and that the respondent, a temple priest, could not be evicted. The key question was whether the Special Court, a …

GEORGE PON PAULversusKANAGALET & ORS.

2009 INSC 645Disposed off

The appellant was convicted under Sections 326 and 452 of the Indian Penal Code for trespassing into a house and causing grievous hurt with a dangerous weapon. The trial court sentenced him to confinement till the rising of the court and a fine; the Madras High Court enhanced the custodial term to …

NATIONAL ALUMINIUM CO. LTD. & ANR.versusG.C. KANUNGO

2009 INSC 646Appeal(s) allowed

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of …

AHMED ALI & ORS.versusSTATE OF TRIPURA

2009 INSC 647Case Partly allowed

Four accused were tried for offences under the Indian Penal Code, with the trial court convicting two of them under s.324 r/w s.34 and the other two under s.304(II) r/w s.34. The High Court altered the convictions, sentencing Ahmed Ali and Suraj Ali under s.334 r/w s.34 to one year imprisonment …

KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI

2009 INSC 629Appeal(s) allowed

The workman, a daily‑wage employee of Krishna Bhagya Jala Nigam Ltd., claimed that his termination in 1996 violated Section 25‑F of the Industrial Disputes Act, 1947, and sought reinstatement with back wages. The Labour Court held the termination illegal and ordered reinstatement, but the employer …

R.R. PILLAI (DEAD) THROUGH LRS.versusCOMMANDING OFFICER HQ S.A.C. (U) AND ORS.

2009 INSC 626Disposed off

The case concerned the legal status of R.R. Pillai, a former Air Force junior warrant officer who, after retirement, was appointed manager of a Unit‑Run Canteen (URC) of the Southern Air Command and paid an honorarium under the Rules regulating civilian employees of Air Force URCs funded from …

STATE OF PUNJABversusNIRMAL KAUR

2009 INSC 631Dismissed

Nirmal Kaur, who operated a coaching centre, was charged under several IPC offences and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The trial court framed charges under the Act, but the High Court quashed them, holding that she was not a public servant. …

UNION OF INDIA AND ORS.versusM/S. GREEN ALLOYS P. LTD.

2009 INSC 632Case Partly allowed

The Union of India filed a civil appeal against M/s Green Alloys Ltd. challenging a Punjab & Haryana High Court order that allowed the release of raw material seized under the Central Excise authorities on the sole condition of an undertaking to pay duty, without requiring cash security or a bank …

STATE OF GUJARAT AND ANR.versusRAMESHCHANDRA SHIVRATAN KOSAR AND ANR. ETC.

2009 INSC 633Appeal(s) allowed

The State of Gujarat filed complaints alleging that respondents had stored and sold food articles adulterated with saccharin, violating Sections 7(1), 7(5) and 16 of the Prevention of Food Adulteration Act, 1954. The respondents moved the Gujarat High Court under Section 482 of the Code of Criminal …

TUTUL KUMAR! SENversusSTATE OF JHARKHAND & ANR.

2009 INSC 634Disposed off

The appellant, an informant, lodged an FIR alleging that the respondent had raped her, invoking Sections 376 and 493 of the IPC. The respondent filed an application for discharge under Section 227 of the CrPC, contending that the informant's age was misstated and therefore no offence was made out. …

STATE OF RAJASTHANversusDAUL@ DAULAT GIRI

2009 INSC 637Appeal(s) allowed

The State of Rajasthan charged Daul @ Daulat Giri under Sections 8 and 18 of the NDPS Act for possession of about 6 kg of opium. During the seizure, samples were taken, sealed, and passed through a chain of custody involving the SHO, the Malkhana in‑charge, a police officer (PW5) and a person …

GURMEJ SINGHversusSTATE OF PUNJAB & ANR.

2009 INSC 627Appeal(s) allowed

The appellant, Gurmej Singh, a police officer who was a deemed witness in a criminal trial, challenged a High Court order directing the State to prosecute him without giving him any notice. The Supreme Court held that such directions violated the principles of natural justice, particularly the rules …

BATAKRUSHNA PARIDAversusSTATE OF ORISSA

2009 INSC 635Dismissed

The case arose from a long-standing rivalry between two hamlets of Saruali village. On 2 November 1982, members of the Parida hamlet, armed with lathis and guns, entered the Dehury hamlet. Batakrushna Parida fired a shot that killed Sahadev Dehury and injured others. The trial court convicted …

MAL SINGHversusSTATE OF M.P.

2009 INSC 636Dismissed

The case concerns the murder of Jogadia and injuries to his wife Thavlibai and son Thakur Singh in Madhya Pradesh. The trial court convicted Mal Singh, Lal Singh and Juansingh under sections 302, 307 and 323 read with section 34 of the IPC, while acquitting Nanki Bai. On appeal, the High Court …

RAMESHBHAI CHANDUBHAI RATHODversusSTATE OF GUJARAT

2009 INSC 615Matter referred to larger bench

The appellant, a watchman, was convicted of kidnapping, rape, robbery and murder of a ten‑year‑old girl based solely on circumstantial evidence and an extra‑judicial confession. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined …

STATE OF RAJASTHANversusHEMRAJ & ANR.

2009 INSC 616Dismissed

The State of Rajasthan appealed against the acquittal of Hemraj and Kamla (a woman) on charges of gang rape under Section 376(2)(g) IPC. The trial court had convicted Hemraj under Section 342 IPC and held that Kamla could not be convicted under the gang‑rape provision. The High Court affirmed this …

SRI KRISHNA TYRES AND ANR.versusJ. K. INDUSTRIES LTD. AND ANR.

2009 INSC 617Disposed off

In a criminal trial (CC 341/99), the trial court allowed the examination of three defence witnesses. Respondent No.1 challenged this order by filing a revision petition. The Andhra Pradesh High Court, relying on an earlier stay order, suspended the trial court's order and directed the trial court to …

KIRENDER SARKAR AND ORS.versusSTATE OF ASSAM

2009 INSC 618Dismissed

The incident involved a group of armed assailants who entered a school, assaulted a clerk and confined him. A teacher (PW‑1) lodged an FIR naming several accused, but some appellants were not mentioned in the FIR. The accused were convicted under Sections 147, 448 and 323 of the Indian Penal Code. …

STATE OF RAJASTHANversusYUSUF

2009 INSC 619Dismissed

The accused Yusuf was convicted for murder under Section 302 IPC based primarily on the victim Sugra's dying declaration. The Rajasthan High Court acquitted him, holding that the dying declaration contained false statements about pregnancy, marital status, and family members, rendering it …

STATE OF M.P.versusBASODI

2009 INSC 610Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that reduced the sentence of the accused, Basodi, who had been convicted under Section 376 of the Indian Penal Code for rape. The High Court had lowered the term to the period already served, citing the accused's illiteracy, rural background, …

SRI KISHAN & ORS.versusTHE STATE OF HARYANA

2009 INSC 620Dismissed

The case involved eleven accused who were convicted of offences under Sections 148, 149, 302 (Part II), 325, 324 and 323 of the IPC for forming an armed unlawful assembly that resulted in the death of Habib. The State and the complainant appealed the acquittals on the main charge of murder, while …

SANJEET KUMARversusSTATE OF BIHAR & ANR.

2009 INSC 621Appeal(s) allowed

Respondent No.2 lodged a police FIR and, a week later, the appellant filed a criminal complaint. The respondent sought discharge of the complaint under Section 245 CrPC, which was denied, and then moved a petition under Section 482 CrPC alleging that the complaint was a retaliatory "counter‑blast". …

MATHURA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 612Disposed off

The appellants were convicted by a trial court for offences under Sections 307 and 323 read with Section 34 of the IPC, which the High Court later altered to Sections 324 and 323 read with Section 34. Both the complainant and the accused filed an application under Section 320 of the Code of Criminal …

KAILASHI BAIversusAARTI ARYA & ANR.

2009 INSC 622Dismissed

The case concerned the alleged abetment of suicide by Kailashi Bai, the wife of a deceased civil judge, under Sections 306 and 107 of the IPC. The prosecution alleged that she harassed her husband because of caste differences, leading to his suicide, and filed a charge sheet. Kailashi Bai filed a …

KATLA MUTHYAL NAIDUversusKOTHAPALLE VENKATAPPA NAIDU AND ORS.

2009 INSC 624Appeal(s) allowed

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's dismissal of the appeal on the ground that the plaint did not contain a specific plea of adverse possession. The Supreme Court examined the averments in paragraphs 2 and 4 of the …

STATE OF M.P.versusVIRENDRA KUMAR TRIPATHI

2009 INSC 611Appeal(s) allowed

The State of Madhya Pradesh charged Virendra Kumar Tripathi, a former Forest Department ranger, under Sections 13(1)(c) and 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Tripathi contended that the investigation was conducted by an …

UNION OF INDIA & ORS.versusG. ANNADURAI

2009 INSC 625Appeal(s) allowed

G. Annadurai, a constable of the CRPF, was arrested in a theft case and released on bail on 14 August 1997 but failed to report for duty thereafter. He was declared a deserter on 19 December 1997 and a departmental enquiry under Section 11(1) of the Central Reserve Police Force Act, 1949 was …

RAM BABU TIWARIversusSTATE OF M.P. & ANR.

2009 INSC 599Disposed off

Ram Babu Tiwari was arrested along with two others for alleged murder under IPC sections 307 and 34. He obtained bail on 27 May 2008 from the Sessions Court. The State filed an application under CrPC s.439 seeking cancellation of bail, alleging that Tiwari fired the fatal shot, had threatened a …

MITALIversusDABABRATA

2009 INSC 600Disposed off

The wife filed a transfer petition in the Supreme Court seeking to move a divorce suit under Section 13(1)(a) of the Hindu Marriage Act, pending in Delhi, to a court in Nagpur. The parties subsequently reached a settlement wherein they agreed to file a joint petition under Section 13(8) for divorce …

SAKTIversusSTATE OF A.P. & ORS.

2009 INSC 601Disposed off

The petitioner, SAKTI, filed a writ petition seeking the appointment of an officer under Section 21 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to initiate prosecutions and ensure safety for Scheduled Tribes in several mandals of West Godavari district. The …

BIKRAM DORJEEversusSTATE OF WEST BENGAL

2009 INSC 604Case Partly allowed

Bikram Dorjee was convicted under Section 304 (Part I) of the Indian Penal Code for stabbing Santosh Dorjee, who later died. The trial court sentenced him to life imprisonment, a sentence affirmed by the Calcutta High Court. He appealed to the Supreme Court, challenging the quantum of the sentence. …

RAMAN KUMARversusSTATE OF PUNJAB

2009 INSC 605Appeal(s) allowed

Raman Kumar was convicted by the High Court for dowry death under Sections 304B and 498A of the IPC based on the death of his wife Suman Bala, who allegedly died from burns after being allegedly harassed for dowry. The Supreme Court examined whether the prosecution had proved the essential …

RAMESH BHAI & ANR.versusSTATE OF RAJASTHAN

2009 INSC 606Appeal(s) allowed

The appellants, Ramesh Bhai and another, were convicted under IPC sections 302, 120B and 201 for allegedly administering poisonous injections that caused the death of Purshottam Bhai after giving him coffee laced with sleeping pills. The prosecution's case rested solely on circumstantial evidence, …

PREM SINGHversusSTATE (N.C.T) DELHI

2009 INSC 598Appeal(s) allowed

The appellant Prem Singh was charged with shooting Preetam Pyare and his son, leading to the latter's death, under Section 307 IPC and Section 27 of the Arms Act. The trial court convicted him, and the Delhi High Court affirmed the conviction on the basis that the pistol recovered from the appellant …

SANTHANAMversusSTATE OF TAMIL NADU

2009 INSC 607Case Partly allowed

Santhanam and a co‑accused were charged with murder after Santhanam struck a farm‑servant with a wooden log during a dispute over a water pipeline, causing head injuries that led to the victim's death. The trial court convicted Santhanam under Section 302 IPC and sentenced him to death; the High …

RATAN SINGHversusSTATE OF M.P. & ANR.

2009 INSC 608Appeal(s) allowed

The case concerned a petition under Section 482 of the CrPC filed by the accused (respondent No.2) seeking quashing of charges framed under Sections 307, 148, 323 read with 149, 341 and 294 of the IPC. The High Court allowed the petition on the ground that the injuries inflicted were simple and did …

NEPAL SINGHversusSTATE OF HARYANA

2009 INSC 609Appeal(s) allowed

The appellant, Nepal Singh, was charged with dowry demand and cruelty leading to his wife's suicide under Sections 304‑B and 498‑A IPC. The trial court acquitted him, finding no evidence of any dowry demand and granting him the benefit of doubt. The High Court reversed the acquittal and convicted …

RAJA RAM KASHYAP & ORS.versusSTATE OF U.P. & ANR.

2009 INSC 603Disposed off

The appellants and respondents settled their dispute and sought to compound the offences alleged against them under Sections 406 and 420 of the Indian Penal Code. The question before the Supreme Court was whether these offences are compoundable under Section 320(2) of the Code of Criminal Procedure, …

SHARIFF AHMED & ORS.versusSTATE (NCT OF DELHI)

2009 INSC 602Appeal(s) allowed

The Metropolitan Magistrate ordered the investigating officer to add Section 307 of the IPC to the case and to investigate that offence. The High Court upheld this direction, but the Supreme Court held that such a directive interferes with the statutory power of the police to investigate and exceeds …

NAFE SINGHversusSTATE OF HARYANA

2009 INSC 594Case Partly allowed

Three men, including Nafe Singh, attacked a group of farmers over a dispute concerning agricultural land, using weapons such as a ballam, gandasi and lathi. During the assault, Bhanwar Singh was killed and two others were injured. The trial court convicted all three under Sections 302, 323 and 324 …

DINA NATH @ DAULATversusSTATE OF HIMACHAL PRADESH

2009 INSC 591Disposed off

The appellant, Dina Nath (Daulat), appealed against his conviction, asserting that he was a minor at the time of the offence committed on 15 June 1990, based on his claimed birth date of 6 March 1973. The sole issue before the Supreme Court was whether the appellant qualified as a "juvenile in …

STATE OF M.P.versusMUNSHI SINGH & ORS.

2009 INSC 593Dismissed

The State of Madhya Pradesh appealed the acquittal of Munshi Singh and others for the murder of Sobran. The trial court had found the testimony of three eye‑witnesses unreliable and, relying on ballistic evidence that contradicted their statements, acquitted the accused. The High Court upheld this …

STATE OF PUNJABversusLEELA

2009 INSC 592Disposed off

The State of Punjab prosecuted Leela under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. The trial court convicted him, sentencing him to 11 years' rigorous imprisonment and a fine. On appeal, the Punjab & Haryana High Court acquitted Leela, …

SIATE OF PUNJABversusNIRMAL SINGH

2009 INSC 596Appeal(s) allowed

The trial court convicted Nirmal Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing poppy husk recovered from his house and sentenced him to ten years' rigorous imprisonment and a fine. The Punjab and Haryana High Court acquitted him, holding that the …

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.

2009 INSC 586Hearing Adjourned

The People's Union for Civil Liberties filed a writ petition under Article 32 seeking enforcement of revised nutritional and feeding norms for the Integrated Child Development Services (ICDS) Scheme to combat malnutrition among children, pregnant and lactating women. The Union of India submitted an …

RAM NARAYANversusSTATE OF U.P.

2009 INSC 587Dismissed

The appellant Ram Narayan and eight others were tried for offences under Sections 147, 148, 302, 307 and 436 read with Section 149 of the Indian Penal Code arising from a three‑stage violent incident. The trial court acquitted all accused, relying on alleged inconsistencies in the FIR, the …

M.A. ANTONY @ ANTAPPANversusSTATE OF KERALA

2009 INSC 588Dismissed

The appellant, M.A. Antony, was convicted of murdering six members of a family in Kerala and sentenced to death, along with other imprisonments, based largely on circumstantial evidence. The prosecution relied on motive, the appellant's presence at the crime scene, forensic evidence such as …

STATE OF HIMACHAL PRADESHversusNARESH KUMAR @ KAKA & ORS.

2009 INSC 590Appeal(s) allowed

The Sessions Judge convicted the accused under IPC sections 302 read with 34 and 323 read with 34, sentencing them to life imprisonment. The Himachal Pradesh High Court later acquitted the accused, concluding that the prosecution’s version was not credible. The State of Himachal Pradesh appealed …

STATE OF PUNJABversusSURJIT SINGH & ANR.

2009 INSC 579Appeal(s) allowed

The trial court convicted Surjit Singh and another accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk seized by police. The prosecution relied on the testimony of several official witnesses, while an independent witness, Karnail Singh, …

STATE OF PUNJABversusHARJAGDEV SINGH

2009 INSC 581Disposed off

The State of Punjab prosecuted Harjagdev Singh for the murder of his parents. The accused was arrested, gave a disclosure statement that led to the recovery of the murder weapon, and subsequently made a confession before a Judicial Magistrate under Section 164 of the CrPC admitting his guilt. The …

S.E.B.IversusSAIKALA ASSOCIATES LTD.

2009 INSC 576Appeal(s) allowed

The respondents, Saikala Associates Ltd and others, acted as unregistered sub‑brokers in violation of Section 12(1) of the SEBI Act and Rule 3 of the Stock Brokers and Sub‑Brokers Rules, prompting SEBI to suspend their registration certificates. The Securities Appellate Tribunal (SAT) altered the …

SREE KRISHNA ELECTRICALSversusSTATE OF TAMIL NADU & ANR.

2009 INSC 577Disposed off

Sree Krishna Electricals, a dealer registered under the Tamil Nadu General Sales Tax Act, 1959, was assessed sales tax and a penalty for the alleged sale of wet grinders during the assessment years 1992-93 and 1993-94. The dealer contended that only parts of wet grinders were sold, seeking …

VIJAYKUMARversusSTATE BY INSPECTOR OF POLICE, MADRAS AND ANR.

2009 INSC 565Dismissed

The case concerned an assault with a sword and knife that resulted in the death of Johnson and injuries to others. The trial court acquitted the accused, but the Madras High Court set aside the acquittal, finding the prosecution evidence credible and convicting them under Sections 302, 341, 307 and …

M/S. ARUL & CO.versusSTATE OF TAMIL NADU & ANR.

2009 INSC 566Disposed off

M/s. Arul & Co. challenged the levy of sales tax and a penalty imposed under the Tamil Nadu General Sales Tax Act, 1959, by filing a writ petition. The Madras High Court dismissed the petition, relying on an earlier Division Bench decision. On appeal, the higher court held that there was no ground …

STATE OF PUNJABversusMALKIAT SINGH

2009 INSC 572Dismissed

Contraband narcotics were recovered from a room owned by Pritam Singh, which the prosecution alleged had been leased to the accused, Malkiat Singh. The trial court convicted Malkiat Singh under section 15 of the NDPS Act, but the Punjab and Haryana High Court acquitted him, holding that the lease …

STATE OF RAJASTHANversusBABU LAL

2009 INSC 567Dismissed

The respondent, Babu Lal, was convicted by a trial court under Section 81(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of a large quantity of brown sugar. The Rajasthan High Court set aside the conviction, holding that the prosecution had failed to comply with the …

STATE OF MAHARASHTRAversusGUNTABAI @ BHAGIRATHAIBAI & ORS.

2009 INSC 568Appeal(s) allowed

The State of Maharashtra appealed the acquittal of Guntabai @ Bhagirathabai and two others for murder (Sec. 302 IPC) and dowry death (Sec. 498A read with Sec. 34 IPC). The trial court had rejected the victim's dying declaration because no doctor’s certificate confirmed her consciousness, relying on …

STATE OF M.P.versusLAAKHAN @ LAKHAN

2009 INSC 569Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order acquitting Lakhhan, who had been convicted by a trial court for the murder of a nine‑month‑old child under Section 302 read with Section 34 of the IPC. The trial court relied on the testimony of an informant (PW‑1), deeming it cogent and …

STATE OF RAJASTHANversusSHANTI

2009 INSC 570Dismissed

The State of Rajasthan charged Shanti and her family with offences under the NDPS Act for possession and sale of opium. Police, acting on a tip, stopped Shanti, seized 10 kg of opium from her bag and later recovered another 20 kg from her residence, also arresting her husband Shankar Lal. The trial …

SUBHASH CHANDRA SINGHversusDHEEMANT SINGH & ANR.

2009 INSC 562Appeal(s) allowed

The appellant, father of a woman who died unnaturally within seven years of marriage, challenged the Allahabad High Court's order granting bail to the accused husband, who was charged under IPC s.304B. The High Court had granted bail without providing any reasoning, merely stating that s.1138 of the …

STATE OF KARNATAKAversusSHANTAPPA MADIVALAPPA GALAPUJI & ORS.

2009 INSC 563Appeal(s) allowed

Four accused were convicted by a trial court for murder and related offences based largely on the testimony of a nine‑year‑old child witness, the son of the deceased. The Karnataka High Court set aside the conviction, discarding the child’s evidence on the ground that he might have been tutored and …

PRANAB KUMAR PALversusM/S. LIZ. INVESTMENT PVT. LTD. AND ORS.

2009 INSC 559Disposed off

The petition filed by Liz Investment Pvt. Ltd. before the Company Law Board (CLB) alleged that the appellant, Pranab Kumar Pal, diverted a corporate opportunity and sought to restrain his resignation as a director. The CLB initially ordered the appointment of three directors by the petitioner and …

STATE OF ORISSA AND ORS.versusHARAPRIYA BISOI

2009 INSC 560Appeal(s) allowed

The dispute concerned 53.95 acres of land in Bhubaneswar that vested in the State of Orissa under a 1954 notification of the Orissa Estate Abolition Act, 1951. The respondent, Harapriya Bisoi, claimed she was a "deemed tenant" because her predecessor had obtained a lease from the erstwhile …

TOMY AND ANR.versusSTATE OF KERALA AND ANR.

2009 INSC 561Appeal(s) allowed

The appellant Tomy and others were charged with assault causing grievous injuries under IPC sections 447, 324, 326 and 506(ii) read with section 34. The trial court, after evaluating the testimony of the complainant and other witnesses, acquitted the accused, finding the prosecution evidence …

SOHEL MEHABOOB SHAIKHversusSTATE OF MAHARASHTRA

2009 INSC 548Disposed off

The appellant, a husband, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 34 of the Indian Penal Code, while being acquitted of a dowry‑related charge under Section 498A. The prosecution relied on three circumstances: the wife’s unnatural …

SATISH @ DHANNAversusSTATE OF M.P. & ORS.

2009 INSC 549Appeal(s) allowed

Satish @ Dhanna, born on 12‑11‑1980, was convicted under IPC sections 147, 148, 149 and 302 for offences committed when he was under 18 years of age. The appeal questioned whether, after the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force, he could be treated as a …

RAMESHAN P.O. & ORS.versusRAKESH KUMAR YADAV & ANR.

2009 INSC 550Disposed off

The appellants, accused of a cognizable offence, filed a revision before the Sessions Judge challenging an order under Section 156(3) of the CrPC directing registration of an FIR. The Allahabad High Court allowed the revision under Sections 397 and 401 but disposed of the application without issuing …

P. LIAQUAT ALI KHANversusSTATE OF ANDHRA PRADESH

2009 INSC 551Dismissed

The appellant, P. Liaquat Ali Khan, was accused of kidnapping a three‑year‑old girl named Keerthi and demanding a ransom of Rs 1 crore and Rs 75 lakhs, as evidenced by letters (Ex P2 and P3). The child was later recovered from a house after the accused collected the ransom bag from a culvert and was …

V.RAMASWAMYversusRAMACHANDRAN & ANR

2009 INSC 553Disposed off

The Madras High Court allowed a second appeal under Section 100 of the Code of Civil Procedure without formulating any substantial question of law, which the appellant challenged. The Supreme Court examined whether the High Court was justified in disposing of the appeal without such formulation, as …

U.P. STATE SUGAR & CANE DEVELOPMENT LTD.versusRAZA BULAND SUGAR CO.LTD. AND ORS

2009 INSC 547Disposed off

The case concerned the interpretation of clause (vi) of Section 2(h) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, which defines a "scheduled undertaking" to include certain lands and buildings. Raza Buland Sugar Co. sought a declaration that several properties listed in its …

BHUPENDRA SINGH & ORS.versusSTATE OF U.P.

2009 INSC 536Dismissed

The appellants were members of a large group that attacked the complainant and his relatives with lathis, a gun, and other weapons, resulting in the death of Jugendra Pal Singh and injuries to others. They were convicted under IPC sections 147, 148, 149 and 307. On appeal they argued that the …

THE GOVT. OF A.P. & ORS.versusP. CHANDRA MOULI & ANR.

2009 INSC 538Appeal(s) allowed

The Director General of Police suspended P. Chandra MoulI under Rule 8(1)(a) of the Andhra Pradesh Civil Services Rules pending disciplinary proceedings. The employee filed an original application before the Andhra Pradesh Administrative Tribunal, which directed him to first pursue the statutory …

VELAYUDA PULAVARversusSTATE BY SUB-INSPECTOR OF POLICE

2009 INSC 539Dismissed

The appellant, Velayuda Pulavar, was tried for the murder of his brother Viswanatha Pulavar and the concealment of the dead body under IPC sections 302 and 201. The prosecution's case rested primarily on an extra‑judicial confession recorded by the Village Administrative Officer (VAO) in the …

STATE OF U. P.versusMANGAL SINGH & ORS.

2009 INSC 540Dismissed

The State alleged that three members of a family were killed when the accused fired gunshots at them while they were traveling in a bullock‑cart. The trial court convicted the accused under Sections 148 and 302 read with Section 149 of the Indian Penal Code. On appeal, the Allahabad High Court …

STATE OF MAHARASHTRA & ORS.versusPRAKASH PRAHLAD PATIL & ORS.

2009 INSC 541Appeal(s) allowed

The Supreme Court heard an appeal by the State of Maharashtra against a Bombay High Court order that had set aside the appointment of a Special Public Prosecutor (SPP) in Sessions Case No.41 of 2006. The petitioner, who was related to one of the accused, claimed that the appointment violated Section …

GAMPARAI HRUDAYARAJUversusSTATE OF AP. THR. PUBLIC PROSECUTOR

2009 INSC 542Appeal(s) allowed

The appellant, Gamparai Hrudayaraju, was convicted under IPC sections 302 and 203 for the death of a woman with whom he had an illicit relationship. The trial court and the Andhra Pradesh High Court upheld the conviction based solely on circumstantial evidence, primarily the testimony of witnesses …

STATE OF RAJASTHANversusMOHAN LAL

2009 INSC 543Dismissed

The State of Rajasthan appealed the acquittal of Mohan Lal, who was charged under the Prevention of Corruption Act, 1988 (ss 7, 13(1)(d) r/w 13(2)) for demanding a bribe that was allegedly hidden in his almirah. The trial court found the prosecution’s case uncredible and acquitted him; the High …

ESTATE MANAGER, M.P. HOUSING BOARDversusRAJESH KUMAR GUPTA

2009 INSC 544Appeal(s) allowed

The respondents, allottees of the Madhya Pradesh Housing Board, challenged the Board’s demand of an extra 10% charge for corner plots and 5% for best‑location plots, arguing that the plots were allotted by lottery and such levies were unsustainable under the Consumer Protection Act, 1985. The …

IN RE: DESTRUCTION OF PUBLIC & PRIVATE PROPERTIESversusSTATE OF A.P. AND ORS.

2009 INSC 535Disposed off

The Supreme Court, acting suo motu under Article 32, examined the widespread destruction of public and private property during agitations, bandhs and hartals. It appointed two expert committees—one chaired by Justice K.T. Thomas and the other by senior lawyer F.S. Nariman—to recommend measures for …

BANGALORE METROPOLITAN TRANSPORT CORPN.versusT.V. ANANDAPPA

2009 INSC 545Case Partly allowed

The respondent, a Badli Conductor employed by Bangalore Metropolitan Transport Corporation, was removed from the list of Badli Conductors in 1995 for alleged unauthorized absence. He later filed a claim under Section 10(4-A) of the Industrial Disputes Act, which he withdrew, and subsequently raised …

STATE OF MADHYA PRADESHversusSHEIKH SHAHID

2009 INSC 491Appeal(s) allowed

The respondent, Sheikh Shahid, was convicted under Section 376 of the Indian Penal Code for rape and sentenced by the trial court to seven years' rigorous imprisonment and a fine. The High Court of Madhya Pradesh reduced his sentence to the six months he had already served, merely on the ground that …

STATE OF A.P.versusARAVAPALLY VENKANNA & ANR.

2009 INSC 492Appeal(s) allowed

The State of Andhra Pradesh appealed a High Court order that quashed an FIR registered under Sections 7(a) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The Supreme Court examined the scope of the inherent jurisdiction under Section 482 of the Code of Criminal …

GULJAR SINGH & ORS.versusDEPUTY DIRECTOR CONSOLIDATION AND ORS.

2009 INSC 505Dismissed

The dispute concerned 564 bighas of land that had been jointly purchased and later divided among several tenure holders, whose names were not correctly entered in revenue records. The appellants sought correction of the records, leading to a series of applications before the Sub‑Divisional Officer, …

RAMRAJSINGHversusSTATE OF M.P. & ANR.

2009 INSC 493Appeal(s) allowed

The appellant, a General Manager of J.K. Utility Division, was charged under Section 138 of the Negotiable Instruments Act for the dishonour of four cheques issued by his company. The cheques were presented for encashment, returned with a 'stop payment' endorsement, and no payment was made despite …

STATE OF U.P.versusSUBHASH KUMAR SINGH TOMAR

2009 INSC 494Dismissed

The accused Subhash Kumar Singh Tomar was convicted by a trial court for possession of 500 g of charas after a personal search conducted by police on 3 January 1991. The Allahabad High Court acquitted him, holding that the search violated Section 50 of the Narcotic Drugs and Psychotropic Substances …

SUHELKHAN KHUDYARKHAN & ANR.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 495Disposed off

The appellants, long‑time tenants of a plot, had erected a tin shed and operated a religious bookshop that was recognised by the municipal council. Following a complaint by a private individual, the Sub‑Divisional Magistrate, invoking Section 133 of the Code of Criminal Procedure, ordered the …

SURESH CHANDRA SHARMAversusSTATE OF M.P.

2009 INSC 496Dismissed

The appellant, Sub‑Inspector Suresh Chandra Sharma, was found to have surreptitiously inserted timings into several investigation documents in a murder‑robbery trial, thereby fabricating false evidence. The defence counsel himself witnessed the manipulation but did not report it. The Sessions Court …

RAM MARUTHI PAWARversusSTATE OF MAHARASHTRA & ANR.

2009 INSC 501Appeal(s) allowed

The Supreme Court examined the convictions of two accused in a murder case under sections 302 and 149 of the Indian Penal Code. The trial court had convicted A‑12 despite a prosecution concession that there was no evidence against accused Nos.2‑15, and the High Court upheld the conviction of A‑14 …

M/S. RESIDENTS WELFARE ASSOCIATION, NOIDAversusSTATE OF U.P. & ORS.

2009 INSC 507Appeal(s) allowed

The Residents Welfare Association, Noida sought stamp duty relief on deeds transferring leasehold rights of plots allotted by the Noida Authority to cooperative societies and subsequently to its members. The authorities demanded duty under Article 23 of Schedule 1‑B of the U.P. Stamp Act based on …

STATE OF RAJASTHANversusMOHAN LAL AND ORS.

2009 INSC 509Dismissed

The State of Rajasthan appealed against the acquittal of Mohan Lal and others, who had been convicted for murder under Section 302 read with Section 34 of the Indian Penal Code. The Rajasthan High Court set aside the conviction, holding that the testimony of four alleged eyewitnesses was not …

STATE OF M.P.versusCHUNNILAL @ CHUNNI SINGH

2009 INSC 510Case Partly allowed

A complaint was lodged alleging rape and criminal intimidation under Sections 376 and 506 of the IPC and an offence under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation was carried out by a police officer below the rank of …

STATE OF KERALAversusANILACHANDRAN @ MADHU AND ORS.

2009 INSC 497Dismissed

The State of Kerala appealed the Kerala High Court’s order acquitting five accused of murder and related offences. The trial court had convicted them based on the testimony of two eye‑witnesses, but the High Court set aside those convictions, finding the First Information Report (FIR) incomplete, …

THE STATE OF ANDHRA PRADESHversusVANGAVEETI NAGAIAH

2009 INSC 498Appeal(s) allowed

The State of Andhra Pradesh appealed a High Court order that had quashed an FIR registered against Vangaveeti Nagaiah under Sections 7(A) and 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Section 109 of the IPC. The appeal raised the question of whether the High Court correctly exercised its …

BABAN BANDU PATILversusSTATE OF MAHARASHTRA

2009 INSC 499Case Partly allowed

The appellant Saban Bandu Patil and six co‑accused were tried for the death of Vithoba and injuries to others arising from a family dispute that escalated into a violent altercation. The trial court convicted three of the accused under Sections 302 and 324 read with Section 34 IPC, while acquitting …

RADHEY SHYAM & ANOTHERversusCHHABI NATH & OTHERS

2009 INSC 514Matter referred to larger bench

The appeal challenged a High Court order that interfered with pending civil suit proceedings concerning an injunction over disputed land. The Supreme Court examined whether Article 226 writ jurisdiction extends to private disputes between individuals, particularly whether a writ of certiorari can …

KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARDversusK.S. GANGADHARAPPA & ANR.

2009 INSC 500Case Partly allowed

The Karnataka Urban Water Supply & Drainage Board appealed against a Karnataka High Court judgment that fixed compensation for land acquired for a drainage scheme at Rs.4,00,000 per acre without providing a basis for that figure. The Supreme Court examined whether rates for small, developed plots …

STATE OF A.P.versusSAYYAAD SIRAJ MOHAMMED & ORS.

2009 INSC 515Dismissed

The State of Andhra Pradesh appealed the acquittal of Sayyad Siraj Mohammed and others, arguing that the prosecution’s evidence was sufficient. The High Court had observed that the sole eyewitness (PW1) had been taken to the central jail and shown the accused before a test identification parade was …

BIHAR STATE ELECTRICITY BOARDversusM/S PULAK ENTERPRISES & ORS.

2009 INSC 516Disposed off

The Bihar State Electricity Board (BSEB) levied a fuel surcharge on high‑tension consumers under its 1993 tariff notification, using a formula in clause 16.10.3. Consumers challenged the calculation, arguing that the Board improperly included purchases from Tenughat Vidyut Nigam Ltd (TVNL) and …

STATE OF ORISSAversusPRAMOD KR. KODAMSINGH & ORS.

2009 INSC 521Appeal(s) allowed

The State of Orissa prosecuted thirteen accused under IPC sections 302, 149, 148, 326 and Explosives Act section 9. The trial court convicted them, relying on a dying declaration of the deceased and the testimony of injured eye‑witnesses, as well as forensic evidence of bomb residues. The Orissa …

STATE OF A.P.versusP. KHAJA HUSSAIN

2009 INSC 524Dismissed

The State of Andhra Pradesh prosecuted P. Khaja Hussain for murder under Section 302 of the IPC, alleging he poured kerosene on his wife and set her on fire. The trial court convicted him based on two dying declarations—one recorded by a magistrate and another by a police constable an hour later. …

ANIRUDH AGGARWALversusDHARAM BIR BHATIA

2009 INSC 527Disposed off

The respondent filed a claim under Section 12 of the Consumer Protection Act, 1986 alleging that the appellant, a dentist, abandoned the treatment of his daughter's teeth, causing pain and suffering. The District Consumer Forum awarded the respondent compensation of Rs.25,000 plus costs, while the …

POSURAM DESHMUKHversusSTATE OF CHHATTISGARH

2009 INSC 475Appeal(s) allowed

The appellant Posuram Deshmukh (Posu) and a co‑accused attacked Hiralal, who was blocking a watercourse, with a chatwar and a lathi during an altercation over water rights. Hiralal sustained fatal injuries and died en route to the hospital. The trial court convicted Posu under Section 302 read with …

PTC INDIA LTD.versusGAJENDRA HALDEA AND ORS.

2009 INSC 476Appeal(s) allowed

PTC India Ltd. appealed against an order of the Appellate Tribunal for Electricity (ATE) that, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. The appellant contended that the …

CENTRAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA AND ORS.

2009 INSC 477Appeal(s) allowed

The appeal challenged an order of the Appellate Tribunal for Electricity directing all Electricity Regulatory Commissions to fix trading margins, which the appellant argued amounted to tariff determination beyond the Tribunal's power under Section 121 of the Electricity Act, 2003. The appellant, …

WEST BENGAL ELECTRICITY REGULATORY COMMISSIONversusGAJENDRA HALDEA & ORS.

2009 INSC 478Appeal(s) allowed

The West Bengal Electricity Regulatory Commission appealed against an order of the Appellate Tribunal for Electricity that, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all regulatory commissions to fix trading margins as if they were tariff determinations. The Commission …

CESC LTD.versusGAJENDRA HALDEA AND ORS.

2009 INSC 479Appeal(s) allowed

CESC Ltd appealed against an order of the Appellate Tribunal for Electricity (ATE) that, invoking sections 60 and 66 of the Electricity Act, 2003, directed all Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. CESC contended that the Tribunal lacked …

WEST BENGAL STATE ELECTRICITY BOARDversusGAJENDRA HALDEA AND ORS.

2009 INSC 480Appeal(s) allowed

The West Bengal State Electricity Board appealed against an order of the Appellate Tribunal for Electricity which, invoking Sections 60 and 66 of the Electricity Act, 2003, directed all State Electricity Regulatory Commissions to fix trading margins as if they were tariff determinations. The Board …

MARIRUDRAIAH & ORS.versusB. SAROJAMMA & ORS.

2009 INSC 452Case Partly allowed

The case arose from a partition suit where a preliminary decree was passed and an appeal was filed. During the pendency of the appeal, respondents 8 and 9 purchased one of the suit items (item No. 9) and were impleaded as respondents in the appeal. The parties later executed a compromise agreeing to …

ORIENTAL INSURANCE CO. LTD.versusPORSELVI & ANR

2009 INSC 453Appeal(s) allowed

The appellant Oriental Insurance Co. Ltd. challenged a Madras High Court order that held it liable to pay compensation for a motor accident that occurred on 28 May 1996. The insurance policy was issued on the same day but expressly stated that its coverage would be effective from 29 May 1996 to 28 …

SATISH KUMAR BATRA & ORS.versusSTATE OF HARYANA

2009 INSC 448Disposed off

The wife, Santosh Kumari, alleged that her husband Satish Kumar Batra and his relatives subjected her to dowry demands and cruelty, leading to physical assaults and attempts to force her to commit suicide. An FIR was filed under Sections 498A and 406 IPC, and the trial court convicted all accused, …

STATE OF RAJASTHANversusCHAMPA LAL

2009 INSC 449Appeal(s) allowed

The appellant State of Rajasthan prosecuted Champar Lal for murder under Section 302 IPC, relying primarily on the victim's dying declaration recorded by a police officer in the presence of a doctor. The trial court convicted based on that declaration, but the Rajasthan High Court acquitted, holding …

M/S. DLF POWER LIMITEDversusCENTRAL COALFIELDS LTD. & ANR

2009 INSC 450Disposed off

The Supreme Court heard two interrelated civil appeals filed by Central Coalfields Ltd (CCL) and DLF Power Ltd challenging a tariff determination made by the Appellate Tribunal for Electricity. The Tribunal had relied on a report prepared by Ernst & Young’s Cost Accounts Wing, which calculated the …

AHMMADSAHAB ABDUL MULLA (DEAD) BY PROPOSED LRS.versusBIBIJAN AND ORS.

2009 INSC 445Reference answered

The Supreme Court was asked to interpret whether the word "date" in Article 54 of the Schedule to the Limitation Act, 1963 denotes a specific calendar date. The Court examined the meanings of "date" and "fixed" and held that "date fixed for the performance" is a crystallized notion indicating a …

STATE OF KERALAversusSURESH @ SUBHASH & ORS.

2009 INSC 444Dismissed

The State of Kerala appealed the acquittal of five accused who were charged under Sections 143, 147, 148, 109, 449 and 302 read with Section 149 of the Indian Penal Code. The trial court and the Kerala High Court had acquitted them on the basis that the FIR reached the magistrate after an …

PAPPU @ HARI OMversusSTATE OF MADHYA PRADESH

2009 INSC 429Disposed off

On Diwali night the deceased Ramesh was playing cards when appellant Pappu @ Hari Om and co-accused Bal Kishan arrived, quarrelled and later the appellant fired a 12‑bore gun, striking the deceased on the right shoulder/chest. The victim died in hospital. The trial court convicted the appellant …

BALKAR SINGHversusSTATE OF UTIARAKHAND

2009 INSC 433Case Partly allowed

Balkar Singh was convicted by the trial court and affirmed by the High Court for the murder of two persons and attempted murder of a third under Section 302 and 307 IPC, based on the testimony of an injured witness and two eye‑witnesses. The appellant contended that the facts did not satisfy the …

BHASKAR RAMAPPA MADAR AND ORS.versusSTATE OF KARNATAKA

2009 INSC 434Appeal(s) allowed

The appellants, the husband and in‑laws of a married woman who committed suicide, were charged under Sections 306 and 498A IPC for alleged dowry harassment. The trial court acquitted them, holding that the complainant‑investigating officer’s involvement did not taint the prosecution and that the …

HANUMANTAPPA BHIMAPPA DALAVAI & ANRversusSTATE OF KARNATAKA

2009 INSC 435Dismissed

The appellants, Hanumanthappa Bhimappa Dalavai and another, were convicted for murder and grievous hurt after a violent altercation in which they used a crow‑bar, stick and iron rod, resulting in two deaths. They appealed, claiming the right of private defence under Sections 96, 97 and 100 of the …

PRADEEP KUMARversusSTATE OF HARYANA

2009 INSC 436Case Partly allowed

The appellant, Pardeep Kumar, was convicted of dowry harassment (s.498A IPC), dowry death (s.3048 IPC) and murder (s.302 IPC) after his wife died from burns allegedly caused by a gas cylinder. The trial and High Courts upheld all three convictions, sentencing him to life imprisonment for murder and …

KRISHNA GHOSHversusSTATE OF WEST BENGAL

2009 INSC 437Dismissed

Krishna Ghosh was convicted under Sections 498‑A (cruelty) and 302 read with Section 34 of the Indian Penal Code for the murder of his wife Yogmaya, who was found dead in their matrimonial home within one year and four months of marriage. The prosecution relied on circumstantial evidence: multiple …

SADHU SINGHversusSTATE OF PUNJAB

2009 INSC 438Case Partly allowed

The case involved Sadhu Singh and two accomplices who were convicted for the murder of Jagdev Singh after Sadhu Singh fired a shot while confronting the deceased on a tractor. The accused claimed the shooting was in exercise of the right of private defence under Sections 96‑106 of the IPC. The …

CHAMAN LAL & ORS.versusSTATE OF PUNJAB & ANR.

2009 INSC 431Dismissed

The appellants purchased a plot of land through a General Power of Attorney (GPA) that was later cancelled, but the GPA holder concealed this and executed sale deeds in their favour. The complainant filed a suit and later a criminal complaint alleging conspiracy, cheating and criminal breach of …

STATE OF UTTAR PRADESHversusSHYAM BEHARI & ANR.

2009 INSC 432Dismissed

The State of Uttar Pradesh appealed the acquittal of Shyam Behari and another accused who had been convicted by a trial court under IPC sections 302/34 and 201/34 on the basis of circumstantial evidence. The High Court set aside the conviction, holding that the evidence regarding the accused being …

STATE OF RAJASTHANversusRATAN LAL

2009 INSC 428Appeal(s) allowed

The accused, Ratan Lal, was found in possession of a bag containing a large quantity of opium. The trial court acquitted him on the ground that the mandatory requirements of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not complied with, and the High Court refused the …

STATE OF U.P.versusRAMA KANT & ORS.

2009 INSC 430Dismissed

The incident occurred on 23 October 1979, where the State alleged that the accused committed murder and related offences under Sections 302, 149, 323, 148 and 147 of the Indian Penal Code. The trial court convicted the accused, but the Allahabad High Court acquitted them, citing several doubts about …