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ARIJIT PASAYAT

1966 judgments · newest first · showing 201–400

GOPALversusSTATE OF M.P.

2009 INSC 418Appeal(s) allowed

Gopal (A‑1) and Amal Singh (A‑2) were convicted for the murder of Saraswati Bai under IPC 302 read with Section 34. The prosecution’s case rested on two dying declarations: the first recorded by ASI Bairam (PW‑8) and a later one recorded by Executive Officer R.K. Dimole (PW‑9). The Supreme Court …

STATE OF ORISSA & ANR.versusBILASH CHANDRA OJHA

2009 INSC 419Appeal(s) allowed

Bilash Chandra Ojha, a compositor engaged on a casual basis by a printing press of the Orissa Government's Agricultural Department, was terminated in October 1981. He claimed the termination was illegal under Section 25F of the Industrial Disputes Act, 1947, asserting that he had worked more than …

KRISHNA KUMAR SHARMAversusRAJESH KUMAR SHARMA

2009 INSC 420Case Partly allowed

The dispute arose between step‑brothers over the validity of a registered will and the right to obtain probate or letters of administration under the Indian Succession Act, 1925. The respondent claimed the will was valid, while the appellant sought probate. The central legal question was whether …

RAVI GUPTAversusCOMMISSIONER SALES TAX, DELHI AND ANR.

2009 INSC 416Disposed off

Ravi Gupta, a dealer registered under the Delhi Sales Tax Act, 1975 and the Central Sales Tax Act, 1956, faced a tax demand of about Rs.8.3 crore for failing to furnish mandatory declaration forms. He appealed before the Appellate Tribunal (VAT Delhi) and sought relief under Section 43(5) of the …

KALIBEN RABARIversusSTATE OF GUJARAT & ORS.

2009 INSC 421Disposed off

Kaliben Rabari was convicted under IPC Section 304 (Part I) and sentenced to ten years' imprisonment, with a compensation award of Rs.5 lakh under Sec.357 of the CrPC. The Gujarat High Court altered the conviction to Section 304 (Part II), reduced the imprisonment to two and a half years, and also …

NEW INDIA ASSURANCE CO. LTD.versusSATBIR AND ORS.

2009 INSC 415Dismissed

The case arose from a motor accident in which the driver of a Tata 407 vehicle, Rajesh, died. The Motor Accident Claims Tribunal awarded Rs.1,50,000 compensation, holding that both the vehicle and a bus driver were contributory negligent and that the liability of the insurer, New India Assurance …

ST ATE OF HARYANAversusBALKAR SINGH & ORS.

2009 INSC 409Dismissed

On 9 February 1993 a dispute over deepening a drain led to a physical altercation in which accused Balkar Singh, Chuhar Singh and Surinder Singh allegedly struck Sher Singh, who later died, and injured Shamsher Singh, who survived as an eyewitness. The three were charged under Sections 302, 323 read …

STATE OF PUNJABversusRAM PAL

2009 INSC 410Appeal(s) allowed

The appellant State of Punjab appealed the Punjab and Haryana High Court's acquittal of Ram Pal, who had been convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court had set aside the conviction on the ground that conscious possession of the narcotic …

STATE OF PUNJAB & ORS.versusPARAMJIT KAUR & ORS.

2009 INSC 404Disposed off

The petitioners filed a writ of habeas corpus alleging that the husband of one petitioner had disappeared while in police custody. The Punjab & Haryana High Court directed the State to pay Rs.1,50,000 as compensation, attributing the disappearance to police remissness. The State and the police …

RAJESH PANDEYversusSTATE OF U.P.

2009 INSC 405Case Partly allowed

The appellant Rajesh Pandey's wife died from burns five years after their marriage. The prosecution alleged that Pandey, his parents and sister harassed the wife for dowry and burned her to death by pouring keroselle. The trial court convicted all accused under IPC sections 3048 and 498A and under …

U.P.S.R.TC.versusJAGDISH PRASAD GUPTA

2009 INSC 406Disposed off

The appellant, Uttar Pradesh State Road Transport Corporation, challenged the Allahabad High Court's summary dismissal of its writ petition against a Labour Court order reinstating a workman with 50% back wages. The High Court had issued notice, received a reply, and then dismissed the petition …

M/S. PRAGATI SILICONS (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PANCHKULA

2009 INSC 407Disposed off

M/s Pragati Silicons (P) Ltd. manufactures plastic nameplates, emblems and logos used on motor vehicles and claimed that these items should be classified under heading 87.08/87.14 as parts and accessories of motor vehicles, thereby qualifying for exemption under notification 15/94 as amended. The …

M.D. SONALIKA INTERNATIONAL TRACTOR LTD.versusDINESH SHARMA & ORS.

2009 INSC 392Appeal(s) allowed

The plaintiff purchased a tractor from a dealer, alleging that the dealer misrepresented the engine's horsepower. After a consumer forum dismissed his complaint, he filed a criminal complaint under IPC sections 1208, 420 and 468 against both the dealer and the tractor manufacturer. The magistrate …

M/S. UNITED INDIA INSURANCE CO. LTD.versusSUKH DEO YADAV

2009 INSC 395Disposed off

The insurer, United India Insurance Co., denied a claim for damage to a Jeep that met with a fatal accident on 9 June 2004, alleging fraud because the driver, Amitabh Singh (alias Munna Singh), did not possess a valid driving licence. The vehicle’s owner, Sukhdeo Yadav, contended that the actual …

ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.

2009 INSC 396Appeal(s) allowed

The case involved Oriental Insurance Co. Ltd., which appealed a decision of the Jharkhand High Court that dismissed its claim under the Motor Vehicles Act, 1988. The High Court had held that the insurer had not obtained leave to contest the claim under section 170 after the vehicle owner failed to …

NIRBHAI KUMARversusMAYA DEVI & ORS.

2009 INSC 393Appeal(s) allowed

The appeal concerned the interpretation of the proviso to Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The appellant, Nirbhai Kumar, argued that the three‑year bar on eviction of a sitting tenant after a change of ownership and the …

U.P. JAL NIGAM, LUCKNOWversusMANJU GOEL & ORS.

2009 INSC 397Disposed off

The Motor Accident Claims Tribunal awarded Rs.9,18,288 to victims of a 1979 accident, directing Uttar Pradesh Jal Nigam (UPJ) to pay. UPJ appealed to the Allahabad High Court, but after the reorganization of Uttar Pradesh, the appeal was transferred to the newly created Uttarakhand High Court. …

ISOLUX- SOMA -OMAXE CONSORTIUMversusM/S. MADHUCON PROJECTS PVT. LTD. & ORS.

2009 INSC 402Disposed off

The dispute concerned a tender by the National Highways Authority of India (NHAI) for the design, construction and operation of a highway section under a Build‑Operate‑Transfer model. Out of 19 bidders, six were initially short‑listed as per clause 3.5.2 of the tender documents, which allowed up to …

LEILA DAVIDversusSTATE OF MAHARASHTRA & ORS.

2009 INSC 373Matter referred to larger bench

During the hearing of a writ petition, four individuals shouted abusive language, threatened judges and one even threw a chappal at the bench in the presence of the Solicitor General and senior counsel. Justice Pasayat ordered their immediate detention and three months' simple imprisonment for …

C. ELUMALAI & ORS.versusA.G.L. IRUDAYARAJ & ANR.

2009 INSC 378Case Allowed

The Supreme Court entertained a contempt petition filed by C. Elumalai & Ors. alleging that the respondents, A.G.L. Irudayaraj & Anr., had willfully violated the Court's order dated 19 March 2007 which directed the Madras High Court to dispose of a suit within six months and refrain from creating …

SHABBIR AHMED SHERKHANversusSTATE OF MAHARASHTRA

2009 INSC 372Dismissed

The appellant, a police officer, received Rs 12,000 as traveling and daily allowance for a dog‑squad team but failed to disburse the amount to the handlers and remained absent from duty without authorized leave. He was convicted under Section 409 of the Indian Penal Code for criminal breach of trust …

NATIONAL INSURANCE CO. LTD.versusSEBASTIAN K. JACOB

2009 INSC 379Appeal(s) allowed

The Motor Accident Claims Tribunal awarded Rs 24,033 with interest to Sebastian K. Jacob against National Insurance Co. Ltd., the insurer of the driver involved in a 1995 accident. National Insurance contended that Jacob had already been compensated Rs 21,700 by Oriental Insurance for the same …

D.D.AversusMAHENDER SINGH & ANR

2009 INSC 380Appeal(s) allowed

The Delhi High Court, exercising jurisdiction under Article 226, directed the acquiring authority to pay statutory interest under Section 34 of the Land Acquisition Act to land owners for compensation awarded. The appellant challenged this direction, contending that the Act is a complete code and …

RAMESHWAR DAYAL MANGALA @ RAMESH CHANDversusHARISH CHAND & ANR.

2009 INSC 362

The plaintiff filed a suit for mandatory injunction which was decreed in his favour by the trial court. The decree was appealed first to an Additional District Judge, who allowed the appeal, and subsequently a second appeal was filed under Section 100 of the CPC before the Punjab & Haryana High …

CHIMANBHAI JAGABHAI PATELversusSTATE OF GUJARAT & ANR.

2009 INSC 345Disposed off

The complainant, pregnant from a love affair with accused No.1, was lured to a remote spot where accused No.2 restrained her and accused No.1 forced a poisonous insecticide into her mouth, causing her to faint but she survived. Both were convicted by the trial court and the Gujarat High Court under …

HEERALALversusSTATE OF M.P.

2009 INSC 346Appeal(s) allowed

Heeralal, the husband of Prema Bai, was convicted by the trial court and the Madhya Pradesh High Court for murder under Section 302 IPC. The case hinged on two dying declarations of the deceased: one recorded by a Naib Tehsildar before a doctor, stating she attempted to set herself ablaze, and …

SANTOSHversusSTATE OF U.P.

2009 INSC 347Appeal(s) allowed

The appellant, Santosh, challenged the Allahabad High Court's ex‑parte dismissal of his criminal revision petition (No. 1622 of 1989). The High Court had refused to recall the order, holding that it was decided on merits and therefore could not be recalled. The Supreme Court observed that the …

ARUNversusSTATE OF MAHARASHTRA

2009 INSC 348Dismissed

The appellant Arun, brother of the deceased Sampatrao Gopal Khandekar, was convicted of murder and related offences for killing his brother during a family land dispute. The appellant claimed he acted in private defence, alleging the deceased was the aggressor. The Supreme Court examined the …

UMA NATH PANDEY AND ORS.versusSTATE OF U.P. AND ANR.

2009 INSC 349Appeal(s) allowed

The Allahabad High Court allowed a criminal revision petition filed by respondent No.2 without issuing any notice to the appellants or other parties. The appellants challenged this order, contending that the High Court had breached the principles of natural justice, specifically the audi alteram …

M/S V.G. SARAF AND SONSversusH. RANJITH AND ANR.

2009 INSC 350Appeal(s) allowed

The appellant challenged a Kerala High Court revision order that set aside his conviction under Section 138 of the Negotiable Instruments Act, on the ground that the amount shown in the bill (Rs.1,61,000) was lower than the cheque amount (Rs.1,86,606.95). The appellant contended that the cheque was …

SIYARAM AND ORS.versusSTATE OF M.P

2009 INSC 351Disposed off

The case arose from a land dispute in which the accused, including Siyaram, attacked the complainant Ramniwas, his brother Om Prakash and another person using weapons such as a farsa, sword and lathi, causing serious injuries. The trial court acquitted the accused on the ground of material …

STATE OF KARNATAKAversusMURALIDHAR

2009 INSC 352Appeal(s) allowed

Muralidhar, a bus driver, collided with a tempo on 3 December 1995, causing the death of a 16‑year‑old boy and grievous injuries to a passenger. He was convicted under IPC sections 279 (rash driving), 338 (grievous hurt) and 304‑A (death by negligence) and sentenced by the trial court to rigorous …

NEW INDIA ASSURANCE CO. LTD.versusSATPAL SINGH MUCHAL

2009 INSC 353Appeal(s) allowed

The insured, Satpal Singh Muchal, had taken a Medi‑claim policy from New India Assurance and disclosed a pre‑existing kidney ailment. The insurer invoked clause 5.9 of the policy to cancel it, refunding a pro‑rata premium, and later refused renewal citing the pre‑existing condition and adverse claim …

KERALA STATE CASHEW DEVELOPMENT CORPORATIONversusSHAHAL HASSAN MUSSALIAR & ANR.

2009 INSC 354Dismissed

The owner of a cashew factory leased it to the Kerala State Cashew Development Corporation, but after the lease expired the corporation continued to occupy the premises. The Kerala Cashew Factories (Requisitioning) Act, 1979 allowed the State to requisition such factories for up to five years; an …

RAKESH KUMARversusSTATE OF HARYANA

2009 INSC 335Appeal(s) allowed

Kusum Lata died from severe burns and her husband Rakesh Kumar was convicted under IPC sections 304‑8 and 498‑A based on the testimony of her father and letters allegedly written by the deceased. The prosecution also relied on a dying declaration recorded by an Executive Magistrate, while the police …

PAPPUversusSONU AND ANR.

2009 INSC 333Appeal(s) allowed

The Supreme Court examined an appeal against a High Court order that had declared the accused a juvenile based solely on a doctor's certificate, despite rejecting school records and the mother’s testimony as unreliable. The accused had claimed he was born on 1 January 1989 and sought to be tried as …

SAMIRA KHANUMversusMD. AFSAR TOWHEED AND ANR

2009 INSC 334Appeal(s) allowed

The case arose from a complaint by Samira Khanum alleging dowry harassment, cruelty and breach of trust under Sections 498‑A and 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The trial magistrate ordered summons against the husband and his parents, which the husband challenged by filing …

INSPECTOR OF CUSTOMS, AKHNOOR J & KversusYASH PAL AND ANR.

2009 INSC 327Dismissed

The respondents Yash Pal and others were convicted by a trial court for offences under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 based largely on their confessions to customs officials after a heroin seizure. The High Court acquitted them, holding that the …

PTC INDIA LTD.versusCENTRAL ELECTRICITY REGULATORY COMMISSION THR. ITS SECRETARY

2009 INSC 329Matter referred to larger bench

The Supreme Court examined appeals challenging the Appellate Tribunal for Electricity's declaration that it lacked jurisdiction to review the Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations, 2006. The Tribunal relied on West Bengal Electricity Regulatory Commission …

YUMNAM ONGBI TAMPHA IBEMMA DEVIversusYUMNAM JOYKUMAR SINGH & ORS.

2009 INSC 330Dismissed

The appellant, Yumnam Ongbi Tampha Ibema Devi, claimed that her father‑in‑law Yumnam Gouramani Singh executed a valid will on 13‑8‑1986 bequeathing land to her. The respondents contested the will, alleging it was not duly executed. The Supreme Court examined whether the will complied with Section 63 …

STATE OF MAHARASHTRAversusMANGI LAL

2009 INSC 340Dismissed

The State of Maharashtra appealed the acquittal of Mangilal, who was charged with the murder of four members of a family in August 1998. The prosecution relied on circumstantial evidence, including alleged illicit relationships, prior threats, a statement under Section 164 CrPC, alleged beating of …

STATE OF A.P.versusM. RADHA KRISHNA MURTHY

2009 INSC 341Appeal(s) allowed

The respondent, an Excise Inspector, demanded a bribe of Rs.4,000 from a toddy shop owner and accepted Rs.2,000, after which a trap was laid and he was caught receiving the money. He was convicted by a Special Judge under Sections 7, 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988, and …

JAGJIT SINGHversusSTATE OF PUNJAB

2009 INSC 342Dismissed

Jasprit Kaur, married to Jagjit Singh, died within 1 year 3 months of marriage, her body found hanging from a ceiling fan. The prosecution alleged that Jagjit and his parents subjected her to cruelty and demanded Rs 1 lakh for a house purchase, constituting dowry demand, leading to her death. The …

SANTOSH DEVIDAS BEHADE AND ORS.versusSTATE OF MAHARASHTRA

2009 INSC 343Dismissed

The Supreme Court dismissed the appeal of Santosh Devidas Behade and others, upholding their conviction under Sections 147, 148, 302 read with Section 149 of the IPC for the murder of Bharat Kharat. The Court held that the prosecution had proved a common object of the unlawful assembly, satisfying …

JITU @ JITENDERversusSTATE OF M.P.

2009 INSC 317Case Partly allowed

Four persons, including the appellant Jitu (Jitender), were tried for murder (s.302 read with s.34 IPC) and causing injuries (s.324 read with s.34 IPC) after an incident on 17‑11‑1995 that resulted in the death of Umesh and injuries to three eye‑witnesses. The trial court convicted the appellant …

RAMESHWAR PRASADversusSTATE OF RAJASTHAN

2009 INSC 315Appeal(s) allowed

The appellant, a branch manager of a cooperative bank, was convicted under IPC sections 408 and 462 and sentenced by the trial court. The Sessions Court, on appeal, remanded the case to the trial court under Section 368(8) of the CrPC, citing lacunae in the prosecution case, without deciding the …

SATISH AMBANNA BANSODEversusSTATE OF MAHARASHTRA

2009 INSC 318Dismissed

The appellant was convicted of murder under Section 302 IPC on the basis of his wife's dying declaration that he had set her on fire. The appellant challenged the conviction, arguing that the victim was not fit to give a dying declaration and that the statement was unreliable. The Supreme Court …

STATE OF PUNJABversusMADAN LAL

2009 INSC 316Dismissed

The State of Punjab appealed a Punjab and Haryana High Court order that allowed the three convictions of Madan Lal under Section 138 of the Negotiable Instruments Act, 1881, to run concurrently. The High Court had observed that the offences arose from the same family transaction involving different …

PRAVEEN BHATIAversusUNION OF INDIA & ORS.

2009 INSC 319Dismissed

The appellant, an Air Force officer, was compulsorily retired under Section 19 of the Air Force Act, 1950 and Rule 15 of the Air Force Rules, 1969 for alleged misconduct, chiefly the belated filing of his property return six years after the prescribed six‑month period. He contended that the Court of …

MADAN LAL AND ANR.versusSTATE OF U.P.

2009 INSC 324Case Partly allowed

The case concerned the death of Asha G, alleged to have resulted from throttling by her husband’s relatives in connection with a dowry demand. The trial court acquitted the accused, holding that the deceased suffered from epilepsy and her death could have been caused by an epileptic fit. The …

M/S. ALEX ENTERPRISES & ANR.versusUNION OF INDIA & ORS.

2009 INSC 326Dismissed

The appellant, M/s Alex Enterprises, had obtained customs duty drawback of Rs.42,90,226 on export consignments whose sale proceeds were never repatriated, thereby violating Section 142B of the Customs Act. The Customs authorities ordered recovery of the drawback amount along with a penalty of …

STATE OF RAJASTHANversusASHFAQ AHMED

2009 INSC 310Dismissed

The State of Rajasthan appealed against the Rajasthan High Court’s order acquitting Ashfaq Ahmed, who had been convicted by a trial court for murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The trial court’s conviction was based solely on an alleged dying …

SRIPATHI & ORS.versusSTATE OF KARNATAKA

2009 INSC 311Disposed off

On 22 September 1992, during an altercation, Pandit (A.4) stabbed the deceased while three co‑accused (A.1 Sripathi, A.2 Mallikarjun, A.3 Sanjaya) allegedly held the victim as instructed. The trial court acquitted all, but the Karnataka High Court convicted them under Section 304 Part II read with …

JAGAN SHRAVAN PATIL & ANR.versusSTATE OF MAHARASHTRA

2009 INSC 300Dismissed

The appellants (accused Nos. 4 and 5) were convicted for the murder of a family member, along with several other offences, on the basis that they acted with a common intention under Section 34 of the Indian Penal Code (IPC). The trial court and the Bombay High Court upheld the conviction, finding …

NATIONAL INSURANCE CO .versusM/S SAJJAN KUMAR AGGARWALLA

2009 INSC 301Appeal(s) allowed

The respondent, owner of a Maruti car, filed a claim with National Insurance Co. for damages after a motor accident. The insurer rejected the claim, alleging that the driver did not possess a valid driving licence at the time of the accident. The District Forum, State Commission, and National …

STATE OF M.P.versusDHARA SINGH & ANR.

2009 INSC 302Appeal(s) allowed

On 3 October 1998, Ohara Singh and Prem Das attacked a bullock cart, resulting in the death of Sohan Lal. The FIR, lodged by Ramhet (PW‑2), named Bhagwan Singh (PW‑3) as an eye‑witness under the alias 'Kaptan'. The trial court convicted Ohara Singh under IPC s.302 and the Arms Act s.25,27 and Prem …

STATE OF NCT OF DELHIversusASHIF KHAN @ KALU

2009 INSC 303Dismissed

The State of NCT of Delhi appealed against the conviction of Ashif Khan for possession of heroin under Sections 21(a) and (b) of the NDPS Act. A total of 310 g of material was seized, which forensic analysis showed contained 0.95% heroin, amounting to 2.945 g of the drug. The issue was whether the …

RIYOJODDIN RAFIYODDIN SHAIKversusSTATE OF MAHARASHTRA REP. BY PUBLIC PROSECUTOR

2009 INSC 304Dismissed After

The deceased Sayarabi was found dead with severe burn injuries and a strong kerosene odor in her matrimonial home. The prosecution alleged that her husband, Riyazoddin (the appellant), had poured kerosene on her and set her alight, while other family members were accused of abetting. The trial court …

STATE OF RAJASTHANversusBHANWAR LAL & ANR.

2009 INSC 295Case Partly allowed

The State of Rajasthan appealed the acquittal of Bhanwar Lal and Mohan Lal, who had been convicted under Sections 8, 18 (and 20) of the NDPS Act. The High Court set aside the convictions on the ground that the police had not complied with Section 50, which requires the accused to be searched in the …

STATE OF RAJASTHANversusMANOJ SHARMA AND ANR.

2009 INSC 299Disposed off

The State of Rajasthan appealed the acquittals of Manoj Sharma and Mohammed Rafiq, who were charged under the Narcotic Drugs and Psychotropic Substances Act, 1985. The seized material (8 g of opium) was recovered from inside Sharma's house, not from his person, and the trial court had convicted both …

RANGNATH SHAMAO DHAS & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 276Dismissed After

The deceased Krishna was assaulted with swords and axes by the accused appellants during a land‑related dispute, leading to his death. Eye‑witnesses PW‑4, PW‑5 and PW‑6 identified the appellants and described the assault, while the medical doctor testified that the cumulative effect of the injuries …

VITHAL EKNATH ADLINGEversusSTATE OF MAHARASHTRA

2009 INSC 277Dismissed

Vithal Eknath Adlinge was convicted of murder under Section 302 of the Indian Penal Code based primarily on circumstantial evidence. The trial court and the Bombay High Court found him guilty, citing that the accused was last seen with the victim, the victim was found dead in a pool of blood, there …

STATE OF PUNJABversusMOHINDER SINGH & ORS.

2009 INSC 278Disposed off

The State of Punjab appealed the Punjab & Haryana High Court's acquittal of six accused who had been convicted by a trial court for murder, culpable homicide, voluntarily causing hurt, and rioting under Sections 302, 450, 324, 148 read with 149 of the IPC. The prosecution alleged that the accused, …

SURESHversusSTATE OF HARYANA

2009 INSC 279Dismissed

Seven persons, including the appellant, were charged with assaulting three victims (Ram Sarup, Nakul and Sehdev) using sharp-edged weapons, causing grievous injuries that were medically certified as dangerous to life. Four accused were convicted by the trial court under Sections 326 and 307 read …

STATE OF U.P.versusSATTAN @ SATYENDRA & ORS.

2009 INSC 280Disposed off

The case involved the brutal murder of six members of a family, including women and children, by a group of accused persons. The trial court sentenced Sattan and Upendra to death under IPC s.302 read with s.149, while others were convicted under various sections. The Allahabad High Court altered the …

LUNARAMversusBHUPAT SINGH AND ORS.

2009 INSC 282Dismissed

The trial court convicted the accused of murder and offences under the SC/ST Act, but the Rajasthan High Court acquitted them, finding the prosecution's version of events implausible and the eye‑witness testimony unreliable. The State appealed, arguing that the High Court erred in discarding …

JOGINDER SINGHversusSTATE OF PUNJAB

2009 INSC 283Dismissed

The appellant, Constable Joginder Singh, was convicted under Section 302 of the Indian Penal Code for shooting and killing Harjinder Singh during a Panchayat election. The prosecution alleged that the accused fired a rifle shot at the victim's head from close range, causing a fatal head injury, and …

SAHDEVversusJAIBAR @ JAI DEV & ORS.

2009 INSC 284Appeal(s) allowed

The informant Sahdev appealed a Punjab & Haryana High Court order that upheld convictions of four accused under Sections 307, 326 and 34 IPC for a brutal assault in which one victim lost his memory, but reduced the custodial term for the principal accused Raj Kumar from ten to seven years without …

UNITED INDIA INSURANCE CO. LTD.versusM/S PAYARELAL NIRNAJAN LAL

2009 INSC 285Appeal(s) allowed

The insured, Payarelal Nirnajan Lal, paid a premium cheque to United India Insurance for a marine transit policy, but the insurer rejected the claim alleging no contract existed. The insured filed a complaint before the Rajasthan State Consumer Disputes Redressal Commission, which dismissed it, …

AYURVEDIC ENLISTED DOCTOR'S ASSON., MUMBAIversusSTATE OF MAHARASHTRA AND ANR.

2009 INSC 287Dismissed

The petitioners, Ayurvedic practitioners enlisted in the Bihar State Register but lacking recognised qualifications under the Indian Medicine Central Council Act, 1970, claimed a constitutional right to practice throughout India under Article 19(1)(g) and Section 29 of the Central Act, asserting …

ALOK MISHRAversusGARIMA MISHRA

2009 INSC 272Disposed off

Alok Mishra and Garima Mishra filed transfer petitions before the Supreme Court concerning their matrimonial dispute. While the petitions were pending, the parties, with the assistance of mediators from the Delhi High Court Mediation and Conciliation Centre, reached a settlement agreement that …

STATE OF U.P.versusDINESH

2009 INSC 256Dismissed

The State of Uttar Pradesh appealed the acquittal of Dinesh, who had been convicted for murder under IPC s.302 and later acquitted by the Allahabad High Court. The High Court found material infirmities and contradictions in the testimony of two key eyewitnesses and noted that medical evidence …

NARAYANversusSTATE OF RAJASTHAN

2009 INSC 257Dismissed

The appellant Narayan was convicted for the murder of his wife Hunji and for causing the disappearance of evidence under Sections 302 and 201 of the Indian Penal Code. The dead body was discovered in a trunk at a bus stand, identified as Hunji, and the prosecution relied entirely on circumstantial …

MANI @ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2009 INSC 258Dismissed

The Supreme Court examined the murder of Prabha, for which seven accused were convicted under Section 302 IPC. The prosecution’s case rested primarily on the testimony of the victim’s mother (PW1), who narrated that the accused, armed with knives, had threatened and later chased and killed her son. …

MANI@ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE

2009 INSC 259Dismissed

The appellants, a group of seven men, formed an unlawful assembly armed with knives and murdered Prabha, the son of PW‑1, after threatening him at the mother’s house. PW‑1, the mother, testified that the accused had previously killed her other son Babu and later threatened and killed Prabha; her …

AMIN KHANversusSTATE OF RAJASTHAN AND ORS.

2009 INSC 260Dismissed

Six accused, including Mubin and Amin, were alleged to have assaulted a person, stolen Rs.1.61 lakh and murdered a petrol pump owner. The trial court acquitted them of offences under Section 396 IPC and Sections 3 and 35 of the Arms Act. The State invoked Section 390 of the CrPC to have the High …

NARESH KUMARversusKALA WATI & ORS.

2009 INSC 252Disposed off

The appellant, brother of the deceased, challenged the acquittal of respondents 1 and 2 for offences under sections 498A, 302 and 34 IPC by filing a revision petition in the Delhi High Court. On the scheduled hearing, the appellant’s counsel could not appear due to an accident, and only the State’s …

VISHAL SINGHversusSTATE OF RAJASTHAN

2009 INSC 253Dismissed

Vishal Singh and four accomplices attacked Kaluram and his relatives, inflicting fatal injuries with a knife. The trial court convicted Vishal Singh under Sections 302 and 341 of the IPC, a conviction upheld by the High Court. On appeal, the appellant argued that the killing occurred in a sudden …

BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.

2009 INSC 266Disposed off

The husband of the claimants was struck by a Bangalore Metropolitan Transport Corporation (BMTC) bus and died at age 53. The claimants sought compensation under Section 166 of the Motor Vehicles Act, 1988, alleging loss of dependency and consortium. The Motor Accidents Claims Tribunal awarded Rs …

KESHAVversusSHIVAJIRAO & ORS.

2009 INSC 249Disposed off

The appellant challenged a Bombay High Court order that deleted his name from the electoral roll on the ground that the election programme had not yet been declared. The High Court had relied on the fact that the election programme was pending, while the appellant argued that the programme was …

STATE OF RAJASTHANversusHANIF KHAN & ANR.

2009 INSC 234Appeal(s) allowed

The daughter of complainant Billu Khan went missing and was later found dead. The trial court convicted Hanif Khan and others under IPC sections 376(2)(g) (rape), 302 r/w 34 (murder), and 201 r/w 34 (concealment of body). The High Court, without discussing the testimony of PW2 (the wife of an …

S.K. JAIN.versusSTATE OF HARYANA AND ANR.

2009 INSC 233Dismissed

The appellant, a contractor, entered into a contract with the State of Haryana to construct an office building, which contained an arbitration clause and a sub‑clause requiring the contractor to deposit a security of 7% of the claim amount before arbitration could commence. A dispute arose, the …

STATE OF ORISSA AND ORS.versusKHIROD KUMAR NAYAK

2009 INSC 242Appeal(s) allowed

The petitioner, Khiroud Kumar Nayak, was appointed as "fourth peon" by the managing committee of an aided school under the Orissa Education Act, 1969. The State refused to approve the appointment, claiming it exceeded the prescribed staff yardstick, and the petitioner filed a writ petition. The …

M/S. SORATH BUILDERSversusSHREEJIKRUPA BUILDCON LIMITED & ANR.

2009 INSC 231Appeal(s) allowed

The Gujarat Agricultural University issued a tender for a veterinary college building, requiring pre‑qualification documents by 27 Nov 2008 and price bids by 28 Nov 2008. Three firms bid; one was disqualified for lack of experience and the appellant, Sorath Builders, submitted the lowest bid. …

PEDDI ASHOK KUMAR & ORS.versusPEDDI SUDARSHAN RAO

2009 INSC 224Disposed off

In a partition suit, the High Court had modified an interim order that maintained the status quo by allowing the construction of a second floor, based merely on the applicant's alleged inconvenience. The appellants challenged this modification, arguing that no plans, sanctions, or structural safety …

RAJUversusTHE STATE BY INSPECTOR OF POLICE

2009 INSC 219Dismissed

The appellant Raju was convicted by the trial court for murder (s.302 IPC) of a money‑lender, Virupachi Gounder, based largely on circumstantial evidence and a confessional statement. The Madras High Court altered the conviction to voluntarily causing hurt (s.341 IPC) and sentenced him to seven …

A. VENKATAKRISHNANversusSTATE OF TAMIL NADU AND ORS.

2009 INSC 222Dismissed

A. Venkatakrishnan challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998, which raised the tax on contract carriage from Rs.1500 to Rs.2000 per seat per quarter and later to Rs.3000. He filed several writ petitions in the Madras High Court, which were dismissed for lack of …

COMMNR. OF INCOME TAX, JALANDHAR-1versusSHRI RAJIV BHATARA

2009 INSC 223Appeal(s) allowed

The Central Board of Income Tax, Jalandhar appealed against the order of the Punjab & Haryana High Court which had upheld the Income Tax Appellate Tribunal’s decision that surcharge could not be levied on tax assessed under a block assessment where the search was conducted before 1 June 2002. The …

SUNDAR BABU AND ANR.versusSTATE OF TAMIL NADU

2009 INSC 218Appeal(s) allowed

The wife, Sukanya, filed a complaint under IPC s.498A and Dowry Prohibition Act s.4 against her husband Sunder Babu, his parents, sister and maternal grandmother, alleging dowry harassment. The husband had left for the USA six months after their marriage and the complaint was lodged many months …

SHEKARAversusSTATE OF KARNATAKA

2009 INSC 211Dismissed

The appellant, Shekara, was convicted by a trial court and affirmed by the Karnataka High Court for raping a girl under 16 years of age and later intimidating the victim and her mother, under sections 376, 448, 506 (with 34) IPC, and sentenced to five years' rigorous imprisonment. On appeal before …

BHOLA@ PARAS RAMversusSTATE OF H.P.

2009 INSC 212Dismissed

Three accused (Bhola, Prithu and Dharmu) were tried for murder under Sections 302 and 34 of the IPC. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I IPC read with Section 34, relying on eye‑witness testimony …

CHHOTANNEY & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2009 INSC 213Dismissed

The Supreme Court examined an appeal against convictions for murder under IPC sections 302 r/w 201, 148, 149 and 147. The prosecution's case rested on three eye‑witnesses who positively identified the accused, while the defence contended that the post‑mortem medical findings conflicted with the …

PRITHU @ PRITHI CHAND AND ANR.versusSTATE OF H.P.

2009 INSC 214Dismissed

The appellants Bhola, Prithu and Dharmu were accused of assaulting the deceased Fandi Ram with fists and stones during a quarrel, leading to his death. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I read with …

AVIRAL BHATLAversusBHAWNA BHATLA

2009 INSC 215Disposed off

The husband filed transfer petitions seeking to move several matrimonial and criminal matters pending before the Family Court, Gwalior, to this Court. The parties, married in 2006, had been living separately since 2007 and were involved in multiple proceedings including a petition under Section 13 …

STATE OF PUNJABversusHARI SINGH & ORS.

2009 INSC 193Dismissed

The accused were apprehended while sitting on gunny bags containing poppy husk and were convicted under Section 15 of the NDPS Act for possession of contraband. The High Court acquitted them, holding that there was no evidence of conscious possession and that no question on possession was put to …

COMMNR. OF CUSTOMS (PREVENTIVE)versusM/S AAFLOAT TEXTILES (I) PVT.LTD. AND ORS.

2009 INSC 194Appeal(s) allowed

The Commissioner of Customs confirmed duty, interest, penalty and confiscation liability on nine consignments of gold and silver imported by M/s Aafloat Textiles (I) Pvt. Ltd. under Special Import Licences (SIL) that were later discovered to be forged. The Customs, Excise and Service Tax Appellate …

UTTARNACHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.

2009 INSC 195Case Partly allowed

The appellant, Uttarnachal Transport Corporation Ltd., was involved in a fatal road accident where a contractor, Bijendra Singh, aged 43, riding a scooter was killed. Under Section 173 of the Motor Vehicles Act, 1988, the claim for enhancement of compensation was filed. The Motor Accident Claims …

UTTARANCHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.

2009 INSC 196Disposed off

A 43‑year‑old hawker died when his scooter was hit by a bus owned by Uttaranchal Transport Corporation Ltd. The claimants filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,64,500 with 9% interest. The Uttaranchal High Court enhanced the award to Rs …

GOPALversusSTATE OF RAJASTHAN

2009 INSC 186Appeal(s) allowed

The appellant Gopal was charged under Sections 498A and 306 IPC for allegedly subjecting his wife to cruelty that led to her death by asphyxia 22 years after their marriage. The trial court acquitted him on both counts, but the Rajasthan High Court convicted him under Section 498A, holding that the …

STATE OF M.P.versusABDUL KADIR & ANR.

2009 INSC 187Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court judgment that granted Abdul Kadir, a life convict for murder, release on probation under the Madhya Pradesh Prisoners (Release on Probation) Act, 1954. Although the District Magistrate and Superintendent of Police recommended release, the …

NI. PRA CHANNABASAVA D.S. MATADHIPATHIGALU KANNADA MUTTversusC.P. KAVEERAMMA AND ORS.

2009 INSC 188Appeal(s) allowed

The Kannada Mutt, a religious institution, held jagir lands that were abolished under the Karnataka Certain Inams Abolition Act, 1977, vesting the lands in the State. The Mutt was later re‑granted the land, but the mortgagees claimed that the earlier mortgage was revived by the re‑grant and sought …

SPECIAL LAND ACQUISITION OFFICERversusCHANDRAMMA (DEAD) BY LRS.

2009 INSC 189Case Partly allowed

The Special Land Acquisition Officer appealed against the Karnataka High Court’s dismissal of reference petitions filed under Section 54(1) of the Land Acquisition Act, 1894, seeking enhanced compensation for structures on acquired land. The High Court had held that the reference court’s valuation, …

UNISON ELECTRONICS PVT. LTD. AND ANR.versusCOMMISSIONER, CENTRAL EXCISE, NOIDA

2009 INSC 190Dismissed

Unison Electronics Pvt. Ltd. manufactured ice‑cream makers under its own brand "CREMICA" and sold them to United Tele Shopping (UTS) and Tele Shopping Network (TSN). The customers' supervisors affixed stickers bearing the abbreviations "UTS" and "TSN" on the goods before dispatch. The Central Excise …

S.P. DEVARAJUversusSTATE OF KARNATAKA

2009 INSC 167Dismissed

The deceased was stabbed to death during a land dispute and, before dying, gave a statement identifying the accused. The trial court acquitted the accused, but the Karnataka High Court convicted him under Section 304 Part II of the IPC, relying on the dying declaration and the recovery of the …

MALLIKARJUNA G. HIREMATHversusBRANCH MANAGER, ORIENTAL INSURANCE CO. LTD.& ANR.

2009 INSC 168Appeal(s) allowed

The deceased, a driver employed by the appellant, was directed to take a vehicle with passengers to a temple. While at the temple he slipped on the steps of a pond and drowned. His wife claimed compensation under the Workmen Compensation Act, 1923, alleging that the death occurred in the course of …

HINDUSTAN COOP. HOUSING SOCIETY LTD.versusREGISTRAR, CO-OPERATIVE SOCIETIES AND ANR.

2009 INSC 169Appeal(s) allowed

The appellant Hindustan Co‑operative Housing Society rejected the transfer of membership from its former member Anoop Singh to his daughter Jasjit Kaur, citing the member's failure to furnish a required affidavit. Jasjit Kaur filed a writ petition in the Delhi High Court seeking allotment of a plot …

STATE OF U.P.versusSHEO LAL & ORS.

2009 INSC 170Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Sheo Lal and others, who had been convicted by a trial court for murder (Sec. 302 r/w Sec. 34 IPC), voluntarily causing hurt (Sec. 323 r/w Sec. 34 IPC) and assault on a woman (Sec. 354 IPC). The prosecution alleged …

G. VIVEKANANDANversusSRIRAMULU & ORS.

2009 INSC 171Disposed off

The accused were convicted under Sections 302 and 34 of the Indian Penal Code for the murder of Gurusamy Naicker. The Madras High Court reversed the conviction and acquitted the accused, but did so without analysing the trial court's evidence or providing reasons for rejecting the conviction. The …

M/S CARPENTER CLASSIC EXIM P. LTD.versusCOMMNR. OF CUSTOMS (IMPORTS) AND ANR.

2009 INSC 172Dismissed

The appellant, Mis Carpenter Classic Exim Pvt Ltd, was found by the CESTAT to have under‑valued its import consignments by about 65% to evade customs duty, leading to penalties under Sections 112(a) and 114A of the Customs Act, 1962. The company argued that a payment of Rs. 25 lakhs made before the …

RAM NARESH PRASADversusSTATE OF JHARKHAND & ORS.

2009 INSC 173Case Partly allowed

The case arose from an FIR reporting theft of five idols, leading to the investigation and conviction of four accused, including the appellant Ram Naresh Prasad. The prosecution’s application under Section 319 CrPC to summon the appellant was dismissed, but a final report against him was later …

ASHABAI MACHINDRA ADHAGALEversusSTATE OF MAHARASHTRA AND ORS.

2009 INSC 154Appeal(s) allowed

The appellant filed an FIR alleging an offence under Section 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The accused filed a petition under Section 482 of the CrPC seeking quash of the proceedings on the ground that the FIR did not mention his caste. The …

KANNIKAversusMOOKAIAH & ANR.

2009 INSC 175Case Partly allowed

The accused Kannika was convicted by the trial court under IPC sections 306 (abetting suicide) and 294(8) (obscene acts). The appellate court acquitted him, but the Madras High Court, on revision, restored the conviction. The Supreme Court was approached to examine whether the High Court erred by …

STATE OF PUNJAB & ORS.versusINDER MOHAN CHOPRA & ORS.

2009 INSC 176Appeal(s) allowed

The State of Punjab appealed against the Punjab and Haryana High Court's order quashing an FIR under Section 36 of the Punjab Apartment and Property Regulations, 1995, on the ground that the individual share of the joint family property was less than 1000 sq.m. The Supreme Court examined the scope …

SANTOKH SINGHversusSTATE OF PUNJAB

2009 INSC 177Case Partly allowed

Santokh Singh and his wife were tried for murder after a land dispute in which Santokh fired a pistol at Gurdip Singh, causing his death, and was also injured when his arm was twisted during the altercation. He claimed the right of private defence, arguing he possessed the disputed land, but the …

STATE OF U.P.versusGAJADHAR SINGH AND ORS.

2009 INSC 144Dismissed

During a village election in April 1995, Gajadhar Singh and his associates created a disturbance. While two accused held the hand of polling agent Chandra Bhan Singh, Gajadhar fired a concealed country‑made pistol, killing the victim and injuring three others. The trial court convicted all seven …

PANKI THERMAL STATION AND ANR.versusVIDYUT MAZDOOR SANGTHAN AND ORS.

2009 INSC 150Case Partly allowed

The appellants, Panki Thermal Station and others, challenged an order of the Uttar Pradesh Labour Commissioner dated 6 August 1999, which under Rule 25(2)(v)(a) of the U.P. Contract Labour (Regulation and Abolition) Rules, 1975 directed that 118 contract workers be regularised and paid wages, …

ELIAMMA & ANR.versusST ATE OF KARNAT AKA

2009 INSC 139Case Partly allowed

The appellants were convicted for the murder of M.T. George and for concealing the offence, under Sections 304 Part II and 201 read with Section 34 of the IPC. They appealed the conviction and alternatively claimed that they were entitled to release on probation under Section 360 of the Code of …

STATE OF MAHARASHTRA ETC.versusDHANENDRA SHRIRAM BHURLE ETC.

2009 INSC 140Appeal(s) allowed

The State of Maharashtra appealed against a Nagpur Bench order of the Bombay High Court that granted bail to the accused Dhanendra Shriram Bhurle and others, who were charged under the Unlawful Activities (Prevention) Act, 1967, the Arms Act, 1959 and the Indian Penal Code. The High Court had …

M. GOPALAKRISHNANversusSTATE BY ADDL. S.P. CBI, B.S. & F.C., BANGALORE

2009 INSC 141Dismissed

The CBI filed a case under Sections 120B and 420 of the IPC and Sections 11, 12 and 13 of the Prevention of Corruption Act against M. Gopalakrishnan, then Executive Director, Chairman and Managing Director of Indian Bank. Gopalakrishnan sought to quash the proceedings under Section 482 of the Code …

STATE OF KARNATAKAversusNINGAPPA @ BHYRAPPA @ NINGEGOWDA & ANR.

2009 INSC 142Appeal(s) allowed

The respondents were convicted by the Sessions Court for culpable homicide under Sections 304 Part I and Part II of the IPC in connection with the murder of Venkatesha Gowda. The Karnataka High Court set aside these convictions in a brief, non‑reasoned order, without analysing the eye‑witness …

STATE (GOVT. OF NCT OF DELHI)versusD. A. M. PRABHU AND ANR.

2009 INSC 143Appeal(s) allowed

The State of NCT of Delhi filed a criminal appeal against D.A.M. Prabhu and others for allegedly violating Clause 17 of the Textile (Control) Order, 1986 by declaring incorrect fibre composition, thereby contravening an order made under Section 3 of the Essential Commodities Act, 1955. The trial …

STATE OF PUNJABversusPRITAM CHAND AND ORS.

2009 INSC 145Disposed off

The State of Punjab appealed the acquittal of partners of Jagdamba Rice Mills who were charged under Section 406 IPC for criminal breach of trust. The trial court and the High Court dismissed the case on the ground that the dispute was merely a civil breach of contract and that the arbitration award …

VADAMALAIversusSYED THASTHA KEER

2009 INSC 146Appeal(s) allowed

The appellant, a Head Constable, and a Sub‑Inspector were charged under Sections 323, 324 and 342 of the Indian Penal Code for allegedly beating and illegally detaining a complainant at a police station from 10 May to 13 May 1988. The trial court convicted them, but the first appellate court …

KALAWATI W/O DEVAJI DHOTEversusSTATE OF MAHARASHTRA

2009 INSC 147Dismissed

Kalawati w/o Devaji Dhote was convicted of murder under Section 302 IPC based on the testimony of a child witness (the deceased's son) and the dying declaration of the victim, Babital. The High Court upheld the conviction and the appellant challenged the judgment before the Supreme Court, arguing …

CHINNAPONNUversusSTATE OF TAMIL NADU

2009 INSC 148Case Partly allowed

The appellant was convicted under Section 304 Part II of the Indian Penal Code for causing the death of Lakshmi during a sudden quarrel. The appellant appealed to the Madras High Court, which admitted the appeal but disposed of it without hearing because the appellant's counsel did not appear. The …

JAYASEELANversusSTATE OF TAMIL NADU

2009 INSC 149Dismissed

The appellant, A1, was convicted of murder under Section 302 read with Section 34 of the IPC for stabbing the deceased. The trial court acquitted him, citing an alleged delay in lodging the FIR and an unexplained injury on the accused. The Madras High Court set aside the acquittal, held that the FIR …

THE UNIVERSITY OF KERALAversusTHE COUNCIL OF PRINCIPALS OF COLLEGE IN KERALA & ORS.

2009 INSC 152Appeal(s) allowed

The Supreme Court considered a civil appeal filed by the University of Kerala against the Council of Principals of Colleges in Kerala and others, challenging the implementation of anti‑ragging measures ordered by the Court in earlier cases. The Court examined the reports of the Committee headed by …

STATE OF KERALAversusM/S ZOOM DEVELOPERS PVT. LTD. & ORS.

2009 INSC 137Dismissed

The Supreme Court examined the rejection of Zoom Developers’ consortium bid for the Vizhinjam seaport PPP project. The issues were whether the modified consortium agreement dated 11‑March‑2008 altered the membership of the consortium after the 31‑Jan‑2008 cut‑off, and whether the use of the term …

ANILARIversusSTATE OF WEST BENGAL

2009 INSC 121Appeal(s) allowed

Four accused were convicted under Sections 342, 302 and 201 read with Section 34 of the IPC for a murder case. One of them, Anil Ari, aged about 70 years, had been on bail during the trial and had been in prison for roughly a year when he applied for suspension of his sentence under Section 389 of …

D. SHANMUKHA SUNDARAMMAversusD. SUNEETHA AND ORS.

2009 INSC 122Case Partly allowed

An auto‑driver died when a lorry collided with his auto‑rickshaw. The widow filed a claim for compensation under s.166 of the Motor Vehicles Act, 1988 and the mother of the deceased also claimed a share. The Motor Accident Claims Tribunal awarded Rs 3.40 lakh with interest and directed equal …

A.P.S.R.T.CversusREG. TRANSPORT AUTHORITY, ANANTHAPUR & ANR.

2009 INSC 123Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (APSRTC) applied for stage carriage permits for a town service route from Hindupur Municipal Bus Stand to Kothapalli. The Regional Transport Authority rejected the application, deeming the route "new" and requiring government formulation under …

ORIENTAL INSURANCE CO. LTD.versusVIMLA DEVI & ORS.

2009 INSC 124Case Partly allowed

The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 for compensation after a goods commercial vehicle (UP .07‑F‑4885) fell into a ditch, killing three persons. Oriental Insurance, the insurer, contended that the vehicle was being driven in violation of policy terms, …

STATE REP. BY TAHSILDAR-CUM-SALES OFFICERversusM. JANKIRAMAN & ANR.

2009 INSC 125Case Partly allowed

The respondents, Janakiraman and Settu, were caught during a raid for manufacturing illicit Indian Made Foreign Liquor and were convicted by the trial court and the first appellate court under Sections 31, 33, 37(a) and 38(1) of the Pondicherry Excise Act, 1970. They appealed, and the Madras High …

RAVINDRA SHALIK NAIK AND ORS.versusST ATE OF MAHARASHTRA

2009 INSC 126Case Partly allowed

The appellants attacked the father‑in‑law of the complainant with an axe, knife and a gupti after a verbal quarrel that began when a bundle of cotton struck the complainant's roof. The victim died from the injuries. The trial court convicted them of murder under Section 302 read with Section 34 IPC …

DHUK SINGHversusSTATE OF RAJASTHAN & ANR.

2009 INSC 127Disposed off

The appeal challenges the Rajasthan High Court’s order granting bail to respondent No.2 during the pendency of FIR No.20/2007. The High Court granted bail without recording reasons, stating that the question of whether the respondent should be added as an accused under Section 169 of the Code of …

PRASAD @ HARI PRASAD ACHARYAversusST ATE OF KARNATAKA

2009 INSC 128Appeal(s) allowed

The appellant was convicted under IPC sections 447, 376(2)(g), 506 read with 34 for house‑trespass, rape and criminal intimidation. The Karnataka High Court upheld the conviction, but the Supreme Court was approached on the ground that the High Court’s order was practically non‑reasoned and …

M/S. PENNAR INDUSTRIES LTD.versusSTATE OF A.P. & ORS.

2009 INSC 133Disposed off

Pennar Industries Ltd challenged a High Court order that required it to deposit 50% of a disputed tax under the Andhra Pradesh Tax on Entry of Goods into Local Areas Act, 2001 as a condition for an interim stay. The Supreme Court examined the principles governing the grant of stay orders, …

KOMALversusSTATE OF M.P.

2009 INSC 134Appeal(s) allowed

The appellant, Komal, was convicted by the trial court under IPC s.323 for assaulting the deceased Daulat. The Madhya Pradesh High Court altered the conviction to s.304 Part I read with s.34, holding that Komal had caused the fatal injury in furtherance of a common intention. On appeal, the Supreme …

SHAIKH KARIMULLAH @ BABU AND ORS.versusSTATE OF A.P.

2009 INSC 113Case Partly allowed

The appellants were accused of assaulting the deceased during a dispute, resulting in his death. One witness (PW‑1) testified that the appellant struck the deceased with a stick, while the remaining eye‑witnesses testified that the appellant delivered a fist blow. No charge under Section 34 of the …

COLLECTOR OF GANJAM AND ANR.versusRAMESH CHANDER PADHI

2009 INSC 114Appeal(s) allowed

The Collector of Ganjam seized a bus and 42 litres of kerosene for contravening the Orissa Kerosene Control Order. Under Section 6-A(1) of the Essential Commodities Act, the Collector ordered confiscation of the vehicle but, invoking the second proviso, allowed the owner to pay a fine of Rs.20,000 …

RADHEY SHYAM AGGARWALversusSTATE N.C.T. DELHI

2009 INSC 115Disposed off

The appellant was convicted under the Prevention of Food Adulteration Act, 1954 for adulterating a small quantity of red chilli. The trial magistrate conducted the case as a warrant case, although Section 16‑A of the Act provides for a summary trial of such offences. The appellant argued that the …

STATE OF HARYANA AND ANR.versusDHARAM SINGH & ORS.

2009 INSC 117Disposed off

The respondents, who were working as J.B.T. teachers, were promoted to the post of Headmaster on the basis of seniority‑cum‑merit and claimed entitlement to promotional increments. The Punjab and Haryana High Court allowed their writ petition, relying on an earlier decision (State of Haryana v. …

ARJUN SINGHversusSTATE OF H.P.

2009 INSC 118Case Partly allowed

Arjun Singh, a bus conductor, was alleged to have forcibly sexually assaulted a girl under 16 years of age and kidnapped her. He was convicted by the trial court and the Himachal Pradesh High Court under IPC sections 376 (rape), 511 (attempt to commit rape), 365, 366 (kidnapping) and 109 (abetment). …

ST ATE OF MAHARASHTRAversusKRISHNARAO DUDHAPPA SHINDE

2009 INSC 104Case Partly allowed

Krishnarao Dudappa Shinde, a police inspector, was convicted under Section 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing wealth disproportionate to his known sources of income. The Bombay High Court acquitted him, holding that assets acquired before the Act’s commencement on …

M/S PRECIOUS OIL CORPORATION AND ORSversusSTATE OF ASSAM

2009 INSC 102Dismissed

Mis Precious Oil Corporation and its proprietor and employee were prosecuted under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 for contravening Clauses 3, 4 and 5(5) of the Lubricating Oil and Greases (Processing, Supply and Distribution Regulation) Order, 1987 by operating without a …

SAHARA INDIA COMMERCIAL CORPN. LTD.versusB. JEEJEEBHOY VAKHARIA AND ORS.

2009 INSC 105Disposed off

The Supreme Court entertained Civil Appeal No. 725 of 2009 filed by Sahara India Commercial Corp. Ltd. seeking directions for the speedy disposal of a suit (No. 3376 of 2005) pending before the Bombay High Court and an appeal against an order passed on a chamber summons. The Court, invoking its …

MASOOD ALI KHANversusSTATE OF U.P. AND ORS.

2009 INSC 106Appeal(s) allowed

The appellant, Masood Ali Khan, challenged a Division Bench of the Allahabad High Court that had granted bail and suspended the life sentences of three convicted murderers (respondents 2‑4) under Section 389 of the Code of Criminal Procedure while their appeal was pending. The Supreme Court held …

K. SUDHAKARANversusSTATE OF KERALA

2009 INSC 107Case Partly allowed

The State of Kerala filed a revision petition challenging an order passed under Section 340 of the Criminal Procedure Code (CrPC) that was initiated suo motu by the High Court. The High Court held that while the State could not appeal under Section 341 because it had not filed a complaint, the …

UNITED INDIA INSURANCE CO. LTD.versusBINDU AND ORS.

2009 INSC 108Case Partly allowed

The appellant, United India Insurance Co. Ltd., appealed a compensation award granted by the Motor Accident Claims Tribunal (MACT) under Section 166 of the Motor Vehicles Act, 1988, in a fatal accident where the deceased, aged 32, earned Rs 7,427 per month. The MACT had used a multiplier of 17 and …

ASHOK KUMARversusSTATE OF U.P. AND ANR.

2009 INSC 94Disposed off

The appellant, the complainant, challenged a bail order granted by the Allahabad High Court to accused Kamal Singh, who was charged with murder and related offences. The High Court had allowed bail on the basis of a ballistic report stating that the pellets recovered from the victim could not have …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHANTI DEVI AND ORS.

2009 INSC 95Case Partly allowed

The deceased Mahesh Chandra Verma, aged 45, died in a bus accident caused by the negligent driver of a bus owned by U.P. State Road Transport Corporation. A claim for compensation under Section 110 of the Motor Vehicles Act, 1939 was filed before the Motor Accidents Claim Tribunal, which assessed …

STATE OF M.P.versusRAMESH @ CHHINGE & ORS.

2009 INSC 97Appeal(s) allowed

The State of Madhya Pradesh prosecuted Ramesh (alias Chhinge) and three others for the murder of Ramavtar and attempted murder of two others. The trial court convicted them under IPC s.302 and s.302 r.w. s.34, and also under the Arms Act. The Madhya Pradesh High Court acquitted the accused, relying …

DALBIR SINGHversusSTATE OF U.P. AND ORS.

2009 INSC 98Disposed off

The petitioner, Dalbir Singh, filed a writ petition alleging that his 17‑year‑old son, Somvir Singh (Sonu), died as a result of custodial torture by Noida police and that the police attempted to portray the death as a suicide. The State of Uttar Pradesh responded that an FIR had been lodged, police …

AJAB SINGH & ORS.versusANTRAM AND ORS.

2009 INSC 99Dismissed

The case arose from a consolidation proceeding under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, where orders passed in 1981‑82 were challenged by two respondents who were minors at the time. They filed a revision application in 1993 before the Deputy Director Consolidation, …

MOHABBAT AND ORS.versusSTATE OF M.P.

2009 INSC 101Case Partly allowed

Nine persons were convicted of murder under IPC s.302 read with s.149, 147 and 148 based largely on the testimony of PW‑6, the brother of the deceased. Three of the convicted appealed, arguing that PW‑6, being a close relative, was a partisan witness and that the dying declaration did not name them. …

STATE OF PUNJABversusGINDER SINGH

2009 INSC 93Dismissed

The State of Punjab appealed the acquittal of Ginder Singh and his second wife Manjit Kaur, who had been convicted by a trial court for murder (Sec. 302 IPC) and conspiracy to murder (Sec. 201 IPC) of Bant Singh. The prosecution relied on two eye‑witnesses – the deceased’s brother and a friend – and …

GIRDHAR GOPAL GUPTA AND ORS.versusAAR GEE BOARD MILLS PVT. LTD. AND ORS.

2009 INSC 89Dismissed

The Gupta group, originally holding a 50.9% stake in Aar Gee Board Mills, alleged that the Garg group illegally allotted 9,507 equity shares, reducing the Gupta shareholding to a minority and constituting oppression and mismanagement under Sections 397 and 398 of the Companies Act, 1956. The Company …

STATE OF KERALA & ORS.versusMINI SHAMSUDIN & ORS.

2009 INSC 92Dismissed

The appeal concerned whether a lottery ticket is a "good" for purposes of the Kerala General Sales Tax Act, 1963. The petitioner argued that the ticket, being a piece of paper, should attract sales tax, while the State contended that the purchaser's right to a conditional prize is an actionable …

STATE OF M.P.versusKASHIRAM & ORS.

2009 INSC 91Appeal(s) allowed

The respondents, driven by a prior enmity, tied and assaulted the victim, pressing his mouth and chopping off the lower part of his left leg. The trial court convicted them under Section 307 read with Sections 148 and 149 of the Indian Penal Code and sentenced each to five years' rigorous …

KAMLAKAR BHIMRAO PATILversusMAHARASHTRA INDUSTRIAL DEV. CORPN.

2009 INSC 80Disposed off

The appellant, a director of M/s Everest Realtors Private Ltd., deposited money for land allotted by the Maharashtra Industrial Development Corporation (the Corporation) but the Corporation later sent a letter refusing to consider the allotment and returned the pay orders without giving any reason. …

PARMANAND SINGHversusUNION OF INDIA AND ORS.

2009 INSC 81Disposed off

Parmanand Singh applied for the post of Extra Departmental Branch Post Master, but the Central Administrative Tribunal (CAT) rejected his claim on two grounds: alleged encumbrance of his land and his failure to produce original qualification certificates. The Patna High Court upheld the CAT's …

KISHANGIRI MANGALGIRI GOSWAMIversusSTATE OF GUJARAT

2009 INSC 82Case Partly allowed

The appellant, Kishangiri Mangalgiri Goswami, was convicted for abetment of suicide under s.306 IPC, cruelty and dowry harassment under s.498A IPC, and for dowry demand under s.3 of the Dowry Prohibition Act, based largely on letters he allegedly wrote demanding Rs.40,000. He appealed, arguing that …

VAARIKUPPAL SRINIVASversusSTATE OF A.P.

2009 INSC 83Dismissed

The appellant, Vmrikuppal Srinivas, was convicted under Sections 498A and 3048 of the IPC for causing the death of his wife by acid. The conviction was based primarily on the victim's dying declaration recorded by a magistrate and an earlier statement to a police constable. On appeal, the appellant …

SURAIN SINGHversusSTATE OF PUNJAB

2009 INSC 74Case Partly allowed

Surain Singh, a Patwari, demanded Rs 300 as illegal gratification for entering a mutation entry and was caught red‑handed. He was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to two years’ rigorous imprisonment. On appeal he claimed that the complainant bore …

RAMCHANDRA DHONDIBA KAWAREversusST ATE OF MAHARASHTRA

2009 INSC 75Case Partly allowed

The appellant, Ramchandra Dhondiba Kaware, was convicted by the Sessions Court and upheld by the Bombay High Court for murder (s.302 IPC) of Keru after being identified by two eye‑witnesses. On appeal, the Supreme Court examined the credibility of the witnesses, PW‑1 and PW‑4, and found their …

STATE OF ORISSA AND ORS.versusBALRAM SAHU

2009 INSC 77Disposed off

Balram Sahu, a Super Class Contractor, challenged the cancellation of his licence and forfeiture of his security deposit. The Orissa High Court, on 13 May 2004, ordered that no cancellation could occur without a show‑cause notice and a hearing. Despite this, the Chairman of the Committee cancelled …

RAJ KUMAR SINGHversusUNION OF INDIA & ORS.

2009 INSC 78Dismissed

Raj Kumar Singh, a rifleman in the Assam Rifles, filed a writ petition claiming he was removed from service on the ground of desertion, alleging that his resignation was not voluntary and that his signature was obtained on a blank paper while he was in illegal detention. The Union of India contended …

APARNA GOYALversusRAKESH GOYAL

2009 INSC 73Disposed off

In a matrimonial dispute between Aparna Goyal (wife) and Rakesh Goyal (husband), the parties appeared before the Supreme Court Lok Adalat on 6 December 2008 and, with the help of mediators, reached a settlement. The settlement provided that the husband would pay Rs.10,00,000 to the wife as full and …

NATIONAL INSURANCE COMPANY LTD.versusMEENA AGGARWAL

2009 INSC 58Appeal(s) allowed

The appellant insurer denied a claim for damage to a Maruti van insured for personal use after it was involved in an accident while being used as a taxi and driven by a person without a valid licence. The District Consumer Forum upheld the denial, but the State Consumer Commission reversed it, …

MOHAN CHANDversusSTATE OF UTTARAKHAND

2009 INSC 59Dismissed

The appellant, a truck driver, was convicted under Section 376 of the Indian Penal Code for raping the prosecutrix, who was also assaulted by other accused persons. The appellant challenged the conviction on the ground that his name was not mentioned in the FIR, alleging false implication, and …

THE STATE OF WEST BENGAL & ORS.versusSOMDEB BANDYOPADHYAY & ORS.

2009 INSC 60Appeal(s) allowed

The State of West Bengal appealed a Calcutta High Court judgment that had allowed a writ appeal filed by Somdeb Bandyopadhyay, who sought restoration as Superintendent and ex‑officio Secretary of a technical institute after an enquiry withdrew his administrative functions. The High Court, despite …

RAJESHversusSTATE OF RAJASTHAN AND ANR.

2009 INSC 63Disposed off

The petitioner, Rajesh, sought transfer of a criminal case (FIR No.352 dated 7‑12‑2005) under Sections 406, 498A read with Section 34 IPC, pending in the Judicial Magistrate First Class, Chittorgarh, to a court in Hissar. The matter was posted before the Supreme Court Lok Adalat on 6‑12‑2008, where …

KHILARIversusSTATE OF U.P. & ORS.

2009 INSC 65Appeal(s) allowed

The appellants were convicted under Sections 302 and 506 of the IPC for the murder of Shiv Kumar. While the conviction was under appeal, the co‑accused (respondents 2 and 3) applied for bail under Section 389 of the CrPC. The Allahabad High Court granted bail without recording detailed reasons, …

MANAGING DIRECTOR, TNSTCversusSUGUNA AND ORS.

2009 INSC 66Case Partly allowed

A 24‑year‑old motorcyclist died when a bus owned by the appellant, TNSTC, collided with him in 1998. The deceased's widow and children filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accidents Claim Tribunal (MACT) fixed a notional monthly income of Rs.1,500 for …

M/S BABA TRADING CO.versusVIDARBHA CHAMBER OF COMMERCE & INDUSTRIES & ORS.

2009 INSC 70Disposed off

The Civil Appeals (Nos. 390‑391 of 2009) concerned the extension of a commercial licence and the payment of the associated licence fee. The appellant, Mis Baba Trading Co., sought to continue as licencee beyond the original expiry date, while Respondent No. 6 (Mis Joshi Freight Carriers Dhule) …

U.P. STATE ROAD TRANSPORT CORP.versusISLAMUDDIN

2009 INSC 71Case Partly allowed

The claimant, Islamuddin, suffered injuries in a motor accident on 3 December 2002 near GT Road, Shahdara, Delhi and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (MACT) fixed a compensation of Rs. 3,00,598 but deducted 40% on the ground of contributory …

STATE OF KERALA & ORS.versusPRABHAVATHY THANKAMMA & ORS.

2009 INSC 72Dismissed

The petitioners challenged the Kerala Sales Tax authorities on the taxability of lottery tickets, arguing that they should be treated as "goods" under the sales tax statutes. The Supreme Court examined whether a lottery ticket, which is merely a paper evidencing a chance to win a prize, falls within …

SHIVA KARAM PAYASWAMI TEWARIversusSTATE OF MAHARASHTRA

2009 INSC 50Case Partly allowed

Shiva Karam Payaswami Tewari, employed at Hotel Premier, got into a sudden quarrel with the manager Muttukumar and struck him with a wooden log, causing Muttukumar's death. The accused made an extra‑judicial confession to a friend, admitting the incident. The trial court convicted him under IPC …

STATE OF MAHARASHTRAversusPRAKASH SAKHA VASAVE AND ORS.

2009 INSC 51Case Partly allowed

The State of Maharashtra prosecuted three accused—two brothers and their uncle—for the murder of Madhukar, alleging they acted out of jealousy over his illicit relationship. The trial court convicted them under IPC s.302 read with s.34 and sentenced the brothers to death and the uncle to life …

RANVEER SINGHversusSTATE OF M.P.

2009 INSC 52Dismissed

The appellant, Ranveer Singh, and his son Munnu were involved in a violent incident where the son shot and killed Lalita, the sister of the complainant, after the father allegedly instructed him to fetch a revolver. The trial court convicted the father under Section 302 IPC read with Section 109 (or …

JAGDISH BAGRIversusRAJENDRA KUMAR LUHARIWALA AND ANR.

2009 INSC 54Disposed off

The appellant, Jagdish Bagri, was convicted under Section 138 of the Negotiable Instruments Act for issuing a Rs.1 lakh cheque as security for a Rs.2,30,000 instalment payment that he failed to make. The conviction was affirmed by the Additional Sessions Judge and the Calcutta High Court dismissed …

MUKHTIAR SINGH & ANR.versusSTATE OF PUNJAB

2009 INSC 40Dismissed

Mukhtiar Singh and his son Gurmail Singh were charged with the murder of Babu Singh under Sections 302 and 34 of the Indian Penal Code. The trial court acquitted them, rejecting the testimony of two eye‑witnesses – the deceased's son and widow – and deeming the prosecution case a fabricated story. …

U.P. STATE ELECTRICITY BOARD & ANR.versusAZIZ AHMAD

2009 INSC 41Disposed off

The respondent, a Boiler Overhauling Mechanic employed by the U.P. State Electricity Board, claimed that his post was equivalent to the Boiler Mistry/Fitter posts and therefore entitled to the higher 'Skilled‑A' pay scale under the principle of equal pay for equal work. The Industrial Tribunal and …

DAYA SHANKARversusSTATE OF M.P.

2009 INSC 42Appeal(s) allowed

The appellant, Daya Shankar, was convicted under Section 302 read with Section 34 of the IPC for the murder of Ram Kishore. The prosecution alleged that the appellant, along with three others—two armed—attacked the deceased, with the appellant allegedly pulling the victim's legs. The Supreme Court …

MUNNILAL S/O GOKUL TELIversusSTATE OF M.P.

2009 INSC 43Appeal(s) allowed

The appellant, Munni Lal, was convicted along with three co‑accused for the murder of Ram Kishore under Sections 302 and 34 of the Indian Penal Code. While the other three accused were armed, Munni Lal was unarmed and the prosecution alleged that he pulled the victim's leg, contributing to the …

BASKAR @ KANNANversusSTATE OF TAMIL NADU

2009 INSC 44Dismissed

The appellant, Baskar@Kannan, was convicted under Section 304 Part II of the IPC for his role in the fatal assault on the deceased, while another accused was convicted of murder under Section 302. The prosecution relied on the testimony of four eye‑witnesses, including PW‑1 who was also an injured …

JAGEBAR ALI @ SETTUversusSTATE OF TAMIL NADU

2009 INSC 45Dismissed

The appellant (A-1) and 14 others were tried for offences including murder, culpable homicide, and offences under the SC/ST (Prevention of Atrocities) Act. On 26 March 2001, after a quarrel, A-1 and co‑accused armed themselves and attacked four scheduled‑caste witnesses; A-1 delivered a fatal blow …

JAI SINGH & ORS.versusGURMEJ SINGH

2009 INSC 46Dismissed

The vendor Bhartu sold a 20-kanal portion (400/3723 share) of a jointly held land to the appellants, Jai Singh & Ors. The respondent, co‑sharer Gurmej Singh, filed a suit for possession invoking pre‑emption under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913, claiming a superior right to …

R. MANJULAversusV. RAJA

2009 INSC 47Disposed off

The wife filed a transfer petition seeking to move a matrimonial suit (H.M.P. No. 289 of 2005) from the Civil Court in Nasik, Maharashtra, to the Family Court in Vellore, Tamil Nadu. The Supreme Court directed the parties to appear before the Vellore District Mediation Centre. After several …

HAWA SINGH AND ANR.versusSTATE OF HARYANA

2009 INSC 34Dismissed

Hawa Singh and several co‑accused entered the house of Man Singh armed with swords and other weapons with the intention of teaching him a lesson. Hawa Singh struck Man Singh on the head with a sword, causing fatal injuries. The trial court convicted the accused under Section 302 IPC read with …

BHAGWAN SARUP NAGAR (D) BY LRSversusRAM KISHAN

2009 INSC 35Appeal(s) allowed

The plaintiff, Bhagwan Sarup Nagar, claimed ownership of a house and had licensed his cousin, Ram Kishan, to occupy two rooms. After revoking the licence on 27 September 1991, the defendant refused to vacate, prompting the plaintiff to sue for a mandatory injunction, possession, and mesne profits. …

RAJ NATHversusSTATE OF U.P.

2009 INSC 36Dismissed

The appellant Raj Nath, his two sons and three others were charged with murder, attempted murder and rioting under Sections 302, 307, 148, 141 and 149 of the Indian Penal Code. The prosecution proved that the accused opened fire on the informant and his companions, causing four deaths and injuries, …

LAXMINATHversusSTATE OF CHHATTISGARH

2009 INSC 37Appeal(s) allowed

Laxminath shot arrows at Mahgin Bai and her mother‑in‑law, Gangadei, during a dispute; one arrow struck Gangadei’s chest and she later died. The trial court convicted Laxminath under Sections 302 (murder) and 324 IPC, sentencing him to life imprisonment and two years respectively, a judgment upheld …

STATE OF H.P.versusRAM KRISHAN

2009 INSC 15Case Partly allowed

The deceased Manohar Lal was assaulted by the accused Ram Krishan and co‑accused Harminder with a stone, which struck the left side of his head, causing fatal brain injury and leading him to fall down a hill. The trial court convicted the accused under Section 302 IPC. The Himachal Pradesh High …

HAMIDBHAI AZAMBHAI MALIKversusSTATE OF GUJARAT

2009 INSC 17Dismissed

Hamidbhai Azambhai Malik was convicted under Section 20(b)(ii) of the NDPS Act for possession of charas after a police raid on his house. The raid was conducted after a police sub‑inspector, investigating a separate offence, received information that Malik also dealt in contraband and reported it in …

BUDDU KHANversusSTATE OF UTIARAKHAND

2009 INSC 18Case Partly allowed

Buddu Khan assaulted Dinesh Oli with a brick after Oli bit Khan's cheek in the presence of Khan's wife, causing Oli's death. The trial court convicted Khan under Section 302 IPC for murder, a decision upheld by the Uttarakhand High Court. On appeal, Khan argued that the killing occurred in a sudden …