SRI KRISHNA TYRES AND ANR.versusJ. K. INDUSTRIES LTD. AND ANR.
2009 INSC 61727 April 2009Disposed 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 dispose of the case…
KIRENDER SARKAR AND ORS.versusSTATE OF ASSAM
2009 INSC 61827 April 2009Dismissed
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. On appeal, the appell…
STATE OF RAJASTHANversusYUSUF
2009 INSC 61927 April 2009Dismissed
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 unreliable. The State appealed…
STATE OF M.P.versusBASODI
2009 INSC 61027 April 2009Appeal(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, and Scheduled Tribe s…
SRI KISHAN & ORS.versusTHE STATE OF HARYANA
2009 INSC 62027 April 2009Dismissed
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 the accused challenged…
SANJEET KUMARversusSTATE OF BIHAR & ANR.
2009 INSC 62127 April 2009Appeal(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". The Patna High Court…
MATHURA SINGH & ORS.versusSTATE OF U.P.
2009 INSC 61227 April 2009Disposed 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 Procedure seeking p…
KAILASHI BAIversusAARTI ARYA & ANR.
2009 INSC 62227 April 2009Dismissed
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 petition under Section…
KATLA MUTHYAL NAIDUversusKOTHAPALLE VENKATAPPA NAIDU AND ORS.
2009 INSC 62427 April 2009Appeal(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 plaint, which expres…
STATE OF M.P.versusVIRENDRA KUMAR TRIPATHI
2009 INSC 61127 April 2009Appeal(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 unauthorised officer and t…
UNION OF INDIA & ORS.versusG. ANNADURAI
2009 INSC 62527 April 2009Appeal(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 instituted. Despite multipl…
STATE OF ORISSA AND ANR.versusM/S. K.B. SAHA AND SONS INDUSTRIES PVT. LTD. & ORS. ETC.
2007 INSC 47927 April 2007Dismissed
The respondents, K.B. Saha & Sons, purchased processed kendu leaves from the Orissa Forest Development Corporation under a tender, obtained lifting orders and transport permits, and moved the leaves to their factories in West Bengal. The State of Orissa levied sales tax under the Orissa Sales Tax Act, 1947, which the r…
MARWAR GRAMIN BANK AND ANR.versusRAM PAL CHOUHAN
2006 INSC 25927 April 2006Disposed off
Ram Pal Chouhan, a staff member of Marwar Gramin Bank, was dismissed under Regulation 30(1)(f)/(t) of the Bank's Service Regulations for alleged illegal gratification and other misconduct, including charges relating to cash‑book irregularities (charges 6 and 7). He challenged the dismissal by filing a writ petition; th…
SHRI BANARSI DASSversusMRS. TEEKU DUTTA AND ANR.
2005 INSC 23327 April 2005Dismissed
The appellant, Banarsi Dass, objected to the grant of a succession certificate to Mrs. Teeku Dutta, alleging she was not the deceased's daughter. He moved an application under Order 151 CPC for a DNA test to establish paternity, which the trial court allowed. The Delhi High Court set aside that order, holding that the …
GOPALversusSTATE OF M.P.
2009 INSC 41827 March 2009Appeal(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 found that the later de…
STATE OF ORISSA & ANR.versusBILASH CHANDRA OJHA
2009 INSC 41927 March 2009Appeal(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 240 days in the preced…
KRISHNA KUMAR SHARMAversusRAJESH KUMAR SHARMA
2009 INSC 42027 March 2009Case 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 Article 137 of the Limi…
RAVI GUPTAversusCOMMISSIONER SALES TAX, DELHI AND ANR.
2009 INSC 41627 March 2009Disposed 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 Delhi Sales Tax Act to …
KALIBEN RABARIversusSTATE OF GUJARAT & ORS.
2009 INSC 42127 March 2009Disposed 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 reduced the compensat…
NEW INDIA ASSURANCE CO. LTD.versusSATBIR AND ORS.
2009 INSC 41527 March 2009Dismissed
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 Co., would be half the …
SURESH KUMARversusTHE STATE OF HIMACHAL PRADESH
2008 INSC 41227 March 2008Case Partly allowed
During a marriage party, the appellant Suresh Kumar took a knife from his trouser pocket and stabbed Sanjeev Kumar, the son of PW‑1, causing his death. The trial court convicted the appellant under Section 302 of the Indian Penal Code (IPC) for murder, relying on the testimony of PW‑3 and PW‑4, which the appellant chal…
POONA TIMBER MERCHANTS AND SAW MILL OWNERS ASSOCIATIONversusSTATE OF MAHARASHTRA AND ORS.
2008 INSC 41327 March 2008Disposed off
The Supreme Court examined the scope and ambit of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, which deals with the lapse of land reservations if acquisition steps are not taken within six months. The Court noted earlier High Court decisions that had partially allowed writ petitions challenging …
MUNICIPAL COUNCIL, UDAIPURversusMAHENDRA KUMAR
2008 INSC 41427 March 2008Disposed off
HALWASIA VIDYA VIHAR(SR. SEC. SCHOOL), HARYANAversusTHE REGIONAL PROVIDENT FUND COMMISSIONER
2006 INSC 18027 March 2006Case Partly allowed
Halwasiya Vidya Vihar, a senior secondary school, was originally contributing to a state‑run contributory provident fund scheme. After affiliating to the CBSE, it was directed by the Regional Provident Fund Commissioner to adopt the Employees Provident Funds and Miscellaneous Provisions Act, 1952 scheme retrospectively…
GUNANIDHI MARTHA AND ORS.versusGOVT. OF ORISSA AND ORS.
2003 INSC 18827 March 2003Disposed off
The dispute concerned the selection of police constables for training and promotion to the rank of Lance Naik under Police Order No. 266 of 1981. The Order required candidates to obtain at least 50% marks in each individual subject of the outdoor and indoor tests and to be selected for training on the basis of their or…
RANGNATH SHAMAO DHAS & ORS.versusSTATE OF MAHARASHTRA
2009 INSC 27627 February 2009Dismissed 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 caused death. The tr…
VITHAL EKNATH ADLINGEversusSTATE OF MAHARASHTRA
2009 INSC 27727 February 2009Dismissed
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 was prior enmity, an…
STATE OF PUNJABversusMOHINDER SINGH & ORS.
2009 INSC 27827 February 2009Disposed 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, armed with knives and…
SURESHversusSTATE OF HARYANA
2009 INSC 27927 February 2009Dismissed
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 with Section 34 of the …
STATE OF U.P.versusSATTAN @ SATYENDRA & ORS.
2009 INSC 28027 February 2009Disposed 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 death sentences to …
LUNARAMversusBHUPAT SINGH AND ORS.
2009 INSC 28227 February 2009Dismissed
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 material evidence. The Supr…
JOGINDER SINGHversusSTATE OF PUNJAB
2009 INSC 28327 February 2009Dismissed
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 this was corroborate…
SAHDEVversusJAIBAR @ JAI DEV & ORS.
2009 INSC 28427 February 2009Appeal(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 providing reasons. The…
UNITED INDIA INSURANCE CO. LTD.versusM/S PAYARELAL NIRNAJAN LAL
2009 INSC 28527 February 2009Appeal(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, leading to an appeal bef…
AYURVEDIC ENLISTED DOCTOR'S ASSON., MUMBAIversusSTATE OF MAHARASHTRA AND ANR.
2009 INSC 28727 February 2009Dismissed
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 that inclusion in a Sta…
ALOK MISHRAversusGARIMA MISHRA
2009 INSC 27227 February 2009Disposed 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 provided for a lump‑sum p…
UTTARANCHAL TRANSPORT CORPORATIONversusSANJAY KUMAR NAUTIYAL
2008 INSC 26427 February 2008Case Allowed
Sanjay Kumar Nautiyal, a bus conductor employed by Uttaranchal Transport Corporation, was caught in a surprise check for deliberately leaving waybill entries blank, issuing tickets without proper destination details, undercharging passengers and misappropriating ticket money. A disciplinary enquiry proved 13 charges of…
STATE OF WEST BENGAL AND ANR.versusMAHUA SARKAR
2008 INSC 26527 February 2008Case Partly allowed
The State seized a Maruti van loaded with hand‑sawn timber and, under s.59A of the Indian Forest Act, ordered its confiscation. The owner claimed the vehicle was lent to a friend and that he had no knowledge of the illegal timber. The High Court released the vehicle, holding that without proof of the owner's knowledge …
VIDYODAYA TRUSTversusMOHAN PRASAD R & ORS.
2008 INSC 26627 February 2008Case Allowed
The Vidyodaya Trust filed a petition under Section 34 of the Indian Trust Act, 1882 challenging the administration of the trust, which was dismissed by the trial court. The respondents then sought leave to file a suit under Section 92 of the Code of Civil Procedure, 1908, which was granted by the district court without…
PRABHU DAYALversusSADHAN SAHKARI SAMITI MUJURI VIKAS KHAND PANIYARA & ORS.
2008 INSC 26027 February 2008Case Allowed
The appellant, employed as a salesman by a registered cooperative society, challenged his termination and filed proceedings under the Payment of Wages Act, 1963 and the Uttar Pradesh Industrial Disputes Act, 1947. The parties later reached a settlement, and an award dated 9‑12‑1988 was passed, conditioned on the appell…
NALINI SHANKARAN AND ORS.versusNEELKANTH MAHADEO KAMBLE AND ORS.
2007 INSC 22427 February 2007Appeal(s) allowed
The Somvashi Arya Samaj Trust entered into an agreement with the accused to construct a community hall, which the accused failed to do, leading the Trust’s Chief Managing Trustee to file a criminal complaint under Sections 418, 409, 166 read with 114 IPC. The accused obtained a compromise with the Trust, and a connecte…
S.N.S. (MINERALS) LTD. AND ANRversusUNION OF INDIA AND ORS.
2007 INSC 22527 February 2007Dismissed
S.N.S. (Minerals) Ltd. and another challenged the excise authority's order quantifying duty and imposing a penalty on limestone chips. The High Court set aside the penalty but left the duty demand untouched. On appeal, the appellants argued that the High Court should also have struck down the duty demand under Section …
B.C. SHIVASHANKARAversusB.R. NAGARAJ
2007 INSC 22727 February 2007Disposed off
The appellant, B.C. Shivashankara, challenged a second appeal allowed by the Karnataka High Court in favour of B.R. Nagraj. The High Court had permitted the appeal under Section 100 of the Code of Civil Procedure but failed to formulate any substantial question of law as required by the statute. The issue before the Su…
SURAIN SINGHversusSTATE OF PUNJAB
2009 INSC 7427 January 2009Case 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 a personal grudge an…
RAMCHANDRA DHONDIBA KAWAREversusST ATE OF MAHARASHTRA
2009 INSC 7527 January 2009Case 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 testimony reliable. Howeve…
DESIGNATED AUTHORITY, MINISTRY OF COMMERCE & INDUSTRY & ANR.versusINDIAN METALS & FERRO ALLOYS LTD.
2009 INSC 7627 January 2009Matter referred to larger bench
The petitioners challenged the Delhi High Court's order that allowed a writ filed by Indian Metals & Ferro Alloys Ltd., which had adopted the interpretation that anti‑dumping duty is country‑specific rather than exporter‑specific, relying on the Reliance Industries judgment. The Supreme Court observed that the issues i…
STATE OF ORISSA AND ORS.versusBALRAM SAHU
2009 INSC 7727 January 2009Disposed 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 the licence on 7 Octo…
RAJ KUMAR SINGHversusUNION OF INDIA & ORS.
2009 INSC 7827 January 2009Dismissed
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 that his resignatio…
APARNA GOYALversusRAKESH GOYAL
2009 INSC 7327 January 2009Disposed 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 final settlement of …
SAMSUDDHIN SHEIKHversusSTATE OF GOA
2008 INSC 135026 November 2008Case Partly allowed
Samsuddhin Sheikh and co-accused, pickpockets, stabbed Shashikant Kawade after a verbal altercation that escalated into a sudden fight. The deceased died on the way to the hospital. The trial court convicted them under Section 302 read with Section 34 IPC (murder) and the High Court affirmed. On appeal, the accused con…
THANGA PRAKASHversusSTATE OF KARNATAKA
2008 INSC 135126 November 2008Disposed off
The Supreme Court examined a criminal appeal filed by accused A1 (Thanga Prakash) against the Karnataka High Court’s order disposing of the appeal without addressing contradictory findings in the trial court’s judgment. The trial court had inconsistently held that some accused were acquitted while others, including A1,…
UNION OF INDIA AND ORS.versusM/S EXIM RAJATHI INDIA PVT. LTD.
2008 INSC 135226 November 2008Disposed off
The respondents imported 56 metric tons of garlic from China which was found to be infected with the fungus Embellisia and traces of Urocystis capulae. The Bombay High Court directed that the consignment be fumigated with methyl bromide, a pesticide used for insects, and thereafter cleared upon payment of duties. On re…
UNION OF INDIA AND ANR.versusVICCO LABORATORIES
2007 INSC 118626 November 2007Dismissed
Vicco Laboratories manufactures products such as Vicco Vajradanti and Vicco Turmeric, which it claims are Ayurvedic medicines. The Central Excise authorities repeatedly issued show‑cause notices (1976, 1987, 1997, 2005) seeking to re‑classify these products as cosmetics under the Central Excise Tariff Act, 1985. Earlie…
I.T.C. LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY
2002 INSC 49526 November 2002Appeal(s) allowed
I.T.C. Ltd. classified the 'slides' of cigarette packets under heading 4818.19 with nil duty, but the Revenue issued a show‑cause notice to reclassify them under heading 4818.90. The appellant raised the plea that 'slides' (and later 'slits') were not excisable goods only at the appellate stage, and the Collector (Appe…
M/S VANASTHALI TEXTILES INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, JAIPUR, RAJASTHAN
2007 INSC 110726 October 2007Appeal(s) allowed
The case concerned Vanasthali Textiles Industries Ltd., a 100% Export Oriented Undertaking, which claimed a partial excise duty exemption under Notification No. 8/97‑CE for products manufactured using imported carboxymethyl cellulose (a sizing material) and imported indigo dye. The central issue was whether these impor…
STATE OF PUNJABversusBALBIR SINGH AND ORS.
2004 INSC 61926 October 2004Leave Granted & Allowed
The accused were stopped while transporting 18 gunny bags of poppy husk on a bullock‑cart and were charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court convicted them, but the Punjab and Haryana High Court acquitted on the ground that the mandatory requirements of Sectio…
BUDHI LALversusSTATE OF UTTARAKHAND
2008 INSC 109226 September 2008Case Partly allowed
Budhi Lal, who lived with two wives, was accused of murdering his second wife Jashu Devi on the night of 9‑10 August 1985. A guest, PW‑3, who was staying in the house that night, testified that he saw Budhi Lal sitting on the deceased's chest and assaulting her, and the accused admitted that he and the victim were toge…
BIHARI RAIversusSTATE OF BIHAR (NOW JHARKHAND)
2008 INSC 109326 September 2008Dismissed
The appellant Bihari Rai was convicted for the death of Sadri Rai. The trial court found him guilty under Section 302 read with Section 34 IPC, while the High Court altered the conviction to Section 304 Part I, invoking Exception 4 to Section 300, and acquitted the co‑accused. On appeal, the appellant argued that proce…
ASHOK MAHAJANversusSTATE OF U.P. AND ORS.
2006 INSC 65826 September 2006Appeal(s) allowed
Denin Leathers Ltd obtained a term loan from the Pradeshiya Industrial and Investment Corporation (PICUP) and mortgaged its immovable property. After the company converted to a public limited company, recovery certificates were issued against several guarantors, including the appellant Ashok Mahajan, under the Uttar Pr…
STATE OF WEST BENGAL AND ANR.versusALPANA ROY AND ORS.
2005 INSC 44226 September 2005Appeal(s) allowed
The petitioner, a teacher, filed a writ petition seeking regularisation of her services, claiming she had been appointed by the school’s Managing Committee in 1976. The West Bengal Board of Primary Education examined the claim and concluded that the alleged appointment order was fabricated and no resolution of the Mana…
M/S. TCI FINANCE LTD.versusCALCUTTA MEDICAL CENTRE LTD. AND ANR.
2005 INSC 44326 September 2005Appeal(s) allowed
The appellant, Mis. TCI Finance Ltd., obtained a decree for Rs.20,91,319 against Dr. Ashok Kumar Gupta, the proprietor of the respondent company, and sought execution of the decree. The respondent company, Calcutta Medical Centre Ltd., claimed to be a tenant of Dr. Gupta’s mother and filed an intervention application i…
HARSHAD CHIMAN LAL MODIversusD.L.F., UNIVERSAL LTD. AND ANR.
2005 INSC 44426 September 2005Dismissed
Harshad Chiman Lal Modi entered into a plot‑buyer agreement with DLF Universal Ltd for a residential plot situated in Gurgaon, while the agreement was executed and payments made in Delhi. He sued the defendants in the Delhi High Court for declaration, specific performance, possession and a permanent injunction. The sui…
P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.
2005 INSC 44526 September 2005Appeal(s) allowed
The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not incorporate the "occupi…
U.P. STATE SPINNING CO. LTD.versusR.S. PANDEY AND ANR.
2005 INSC 44726 September 2005Appeal(s) allowed
The appellant, U.P. State Spinning Co. Ltd., challenged a Allahabad High Court order that quashed the dismissal of workmen R.S. Pandey and another on the ground that the dismissal was effected before receipt of the show‑cause reply. The High Court had entertained a writ petition under Article 226 despite the existence …
UNION OF INDIA AND ORS.versusJOSEPH P. CHERIAN
2005 INSC 44826 September 2005Appeal(s) allowed
In 1995 a departmental examination for the post of Sub‑Inspector in the Border Security Force was held for 24 vacancies, but the results were later cancelled after a Staff Court of Inquiry found widespread malpractice at several centres. A fresh examination was conducted in 1998 for 86 vacancies; the respondent, Joseph…
CHATTAR SINGH AND ANR.versusSTATE OF HARYANA
2008 INSC 97726 August 2008Case Partly allowed
Chattar Singh (husband) and his father‑in‑law Mange Ram were convicted for the murder of Guddi and her infant daughter Poonam, whose bodies were found in a well. The prosecution relied on circumstantial evidence, the "last seen" theory, post‑mortem findings of smothering, and extra‑judicial confessions in which the acc…
M/S. SWAN MILLS LTD.versusUNION OF INDIA AND ORS.
2007 INSC 78426 July 2007Appeal(s) allowed
Mis. Swan Mills Ltd., a textile manufacturer, was served with show‑cause notices for differential excise duty and challenged the assessment before the Commissioner of Central Excise (Appeals). The appellant filed a declaration under Section 89 of the Finance Act, 1998 to avail the Kar Vivad Samadhan Scheme (KVSS) which…
STATE OF U.P.versusABDUL KARIM AND ORS.
2007 INSC 78526 July 2007Dismissed
The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Abdul Karim and two others, who had been convicted by a trial court for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested on the testimony of three eye‑witnesses – the victim's wife (PW‑1), her brot…
VISHWANATHA ACHARIversusKANAKASABAPATHY
2005 INSC 31226 July 2005Disposed off
The respondents filed a suit for declaration of title, which the trial court dismissed. The first appellate court reversed the decision, granting title to the respondents on the basis of adverse possession, even though the trial court had not framed any issue on that point. The appellant filed a second appeal, contendi…
STATE OF HARYANAversusHASMAT
2004 INSC 40126 July 2004Leave Granted & Disposed off
The State of Haryana appealed against the Punjab and Haryana High Court's order granting bail and suspending the life sentence of Hasmat, who had been convicted of murder (IPC s.302 r/w s.149) and related offences. Hasmat had applied under CrPC s.389 for suspension of sentence pending appeal, and the High Court relied …
JEET MOHINDER SINGHversusHARMINDER SINGH AND ANR.
2004 INSC 40226 July 2004Appeal(s) allowed
In an election petition, the appellant sought to recall witness PW‑31 Surinder Pal Singh to confront him with a judgment from another case. The application was filed under Order XVI Rule 3 of the Code of Civil Procedure, 1908, which deals with tender of expenses to witnesses, and was rejected by the Punjab and Haryana …
SATYA NARAYAN AGARWALversusSTATE OF ASSAM
2007 INSC 46926 April 2007Dismissed
The appellant, a shopkeeper, was found guilty of selling adulterated chilli powder and convicted under Section 7 read with Section 16(1) of the Prevention of Food Adulteration Act, 1954, receiving six months' simple imprisonment and a Rs.1,000 fine. The conviction and sentence were upheld by the Sessions Court and the …
SHAKTI DANversusSTATE OF RAJASTHAN
2007 INSC 47026 April 2007Case Partly allowed
Shakti Dan was convicted under Section 302 IPC for throttling his mother, who died as a result of the assault, and under Section 323 IPC for causing hurt. He appealed, contending that he had no intention to kill his mother and that the charge of murder was inappropriate. The Supreme Court examined the statutory distinc…
MANAGEMENT, METTUR BEARDSELL LTD.versusWORKMEN OF METTUR BEARDSELL. LTD. & ANR.
2006 INSC 25626 April 2006Disposed off
Mettur Beardsell Ltd, facing financial difficulties, transferred its textile operations to its wholly‑owned subsidiary Mettur Textile Pvt. Ltd. The workers were individually notified and several unions entered into settlements under Section 12(3) of the Industrial Disputes Act, agreeing to become employees of the subsi…
ANWARUL HAQversusTHE STATE OF UTTAR PRADESH
2005 INSC 23226 April 2005Dismissed
The appellant, Anwarul Haq, was convicted under Section 324 of the Indian Penal Code for inflicting grievous injury with a knife, based on the testimony of the injured victim and two eyewitnesses, despite the weapon not being recovered. He appealed, arguing that the weapon was not a 'dangerous weapon' and that the lack…
ST ATE OF HARYANAversusBALKAR SINGH & ORS.
2009 INSC 40926 March 2009Dismissed
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 with Section 34 of …
STATE OF PUNJABversusRAM PAL
2009 INSC 41026 March 2009Appeal(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 article was not establ…
GOLLA YELUGU GOVINDUversusSTATE OF ANDHRA PRADESH
2008 INSC 40626 March 2008Case Partly allowed
The appellant, Golla Yelugu Govindu, was convicted of murder for hacking his wife with a sickle during a heated quarrel, based largely on the testimony of his two minor children. He appealed, challenging the admissibility of the child witnesses and arguing that the incident fell under Exception 4 of Section 300 IPC, wh…
KANAGAVALLIAMMAL AND ORSversusR. BALASUBRAMANIAN
2008 INSC 40726 March 2008Case Allowed
A decree dated 22 April 1983 led to a series of execution petitions. The earlier petitions (EP No.19 of 1984, EP No.101 of 1984, EP No.369 of 1986) were dismissed, and an application to restore EP No.369 (EA No.238 of 1994) was also dismissed as not pressed. A fresh execution petition (EP No.177 of 1995) was filed on 1…
THE GOVERNMENT OF GOAversusM/S. A.H. JAFFAR AND SONS AND ANR.
2008 INSC 40826 March 2008Case Partly allowed
The Government of Goa appealed against a Bombay High Court order that directed the respondents, M/s A.H. Jaffar and Sons, to dispose of the Government's application for a mining lease within six weeks and imposed exemplary costs. The respondents had earlier filed a writ petition in 1993 seeking the quashing of orders a…
STATE OF H.P.versusMUSHTAQ AHMAD
2007 INSC 34026 March 2007Dismissed
The State of Himachal Pradesh filed a Special Leave Petition challenging the Himachal Pradesh High Court's order that summarily dismissed its application for leave to appeal an acquittal under Section 378(3) of the Criminal Procedure Code, without providing any reasons. The Supreme Court examined whether a judicial ord…
SARWAN SINGHversusKISHAN SINGH (DEAD) THR. LRS. AND ORS.
2007 INSC 34126 March 2007Appeal(s) allowed
Sarwan Singh filed a second appeal before the Punjab & Haryana High Court challenging a lower court order. On the scheduled date, the appellant failed to appear, and the High Court dismissed the appeal on its merits for non‑appearance. The appellant then applied under Order XLI Rule 19 read with Section 151 of the Code…
M/S ADITYA HOTELS (P) LTD.versusBOMBAY SWADESHI STORES LTD. AND ORS.
2007 INSC 34226 March 2007Appeal(s) allowed
The appellant filed a suit for possession and the respondents filed their written statement 142 days after service of summons, far exceeding the 30‑day period prescribed by Order VIII Rule 1 of the CPC. The trial court accepted the belated statement on the condition that the appellant pay costs, and the High Court dism…
STATE BANK OF INDIAversusVIJAY KUMAR
2007 INSC 34326 March 2007Dismissed
State Bank of India filed a recovery petition before the Debt Recovery Tribunal, which led to a compromise deed filed in Lok Adalat specifying a payment schedule and a default clause. The respondent defaulted on the schedule but later paid the full settlement amount along with interest for the default period. The respo…
COMMISSIONER OF TRADE TAX, U.P.versusM/S. J.U. PESTICIDES & CHEMICAL P. LTD.
2008 INSC 25426 February 2008Case Allowed
The Commissioner of Trade Tax, U.P. sought revision of a seizure order on agro‑chemical drums, alleging that the goods loaded in a truck differed from those declared in the transit pass. The departmental authorities and the Trade Tax Tribunal found that the goods were indeed different and upheld the seizure. The Allaha…
ABDULSATIAR YUSUFBHAI QURESHI & ORS.versusSTATE OF GUJARAT
2008 INSC 25526 February 2008Dismissed
The appellants, who are engaged in the slaughter and sale of meat of bulls and bullocks, challenged a 1989 notification issued by the Gujarat government that prohibited such activities, invoking powers under the Gujarat Essential Commodities and Cattle (Control) Act, 1958. The Gujarat High Court upheld the notification…
SILVEY & ORS.versusARUN VARGHESE & ANR.
2008 INSC 25626 February 2008Dismissed
Silvey & Ors., the vendors, entered into an agreement to sell 10 acres of land to Arun Vargheese & Anr., the purchasers, who paid an advance and were ready to perform their part of the contract. The vendors failed to furnish required documents, licences and registration, and alleged that the purchasers were not ready t…
NATIONAL INSURANCE COMPANY LTD.versusSEHTIA SHOES
2008 INSC 25726 February 2008Case Allowed
The insured, Sehtia Shoes, obtained a shop‑keeper insurance policy from National Insurance Company Ltd. After a fire, the insurer paid Rs 2.72 lakhs as full and final settlement. The insured later filed a consumer complaint alleging that the settlement was signed under coercion and claimed the loss to be Rs 9 lakhs, se…
SHAHJAJHAN AND ORS.versusSTATE OF KERALA AND ANR.
2007 INSC 21126 February 2007Dismissed
The appellants, a group of five men, were convicted for the murder of Abdul Samad and for causing injuries to two eyewitnesses under Sections 302, 324 and 34 of the IPC. The High Court altered one conviction from Section 302 to Section 304 (II) but upheld the others. On appeal, the accused argued that the prosecution f…
SHRI VISHWA NATH SHARMAversusSHYAM SHANKAR GOELA AND ANR.
2007 INSC 21426 February 2007Dismissed
The plaintiff sued for specific performance of a 1978 agreement to sell a plot that was sub‑leased by a cooperative society and required Delhi Development Authority (DDA) permission for transfer. The defendant‑appellant cancelled the agreement, returned the advance and claimed the plot could not be sold because the lea…
N.H. MUHAMMED AFRASversusSTATE OF KERALA
2008 INSC 134025 November 2008Appeal(s) allowed
The appellants Ashraf and Afras were convicted for murder under Section 302 read with Section 34 of the IPC based primarily on the testimony of PW1, who claimed to have seen the accused stabbing the victim. The Supreme Court noted serious contradictions between the statements of PW4 (police constable), PW17 (investigat…
A. YADHAVversusSTATE OF KARNATAKA
2008 INSC 134125 November 2008Dismissed
The appellant, A. Yadav (Accused No.2), was acquitted by the trial court of charges under Sections 302 and 394 IPC, while Accused No.1 was convicted. The State appealed, and the Karnataka High Court set aside the acquittal, relying on circumstantial evidence such as the appellant’s acquaintance with Accused No.1, his p…
M. VISWANATHANversusM/S. S.K. TILES & POTTERIES P. LTD. & ORS.
2008 INSC 134225 November 2008Appeal(s) allowed
M. Viswanathan filed a criminal complaint alleging theft of documents, forgery, and intimidation by S.K. Tiles & Potteries Ltd. and others, leading to charges under IPC sections 379, 468, 471, 420 and 506(ii). The respondents sought quashing of the proceedings under Section 482 of the CrPC, arguing that the grievance w…
UNION OF INDIA AND ORS.versusATAM PARKASH AND ANR.
2008 INSC 134325 November 2008Appeal(s) allowed
The case arose from a writ petition challenging a detention order dated 10 May 1993 issued under Section 3(1) of the COFEPOSA Act. The Punjab and Haryana High Court held that the order had become infructuous due to the lapse of time and restrained the respondents from enforcing it, while also leaving open the possibili…
STATE REP. BY INSPECTOR OF POLICE, TAMIL NADUversusRAJENDRAN & ORS.
2008 INSC 134425 November 2008Appeal(s) allowed
Four accused (A‑1 to A‑4) attacked the deceased with an aruval and metal‑tipped sticks, causing his death. The incident was witnessed by PW‑1 and PW‑3, whose eye‑witness testimony was accepted by the trial court, which convicted the accused under Section 302 of the IPC and Section 25 of the Arms Act. The Madras High Co…
THE DIRECTOR GENERAL OF POLICE CENTRAL RESERVE POLICE FORCE NEW DELHI & ORS.versusP.M. RAMALINGAM
2008 INSC 134525 November 2008Disposed off
The respondent, a Commandant of the Central Reserve Police Force, faced departmental proceedings initiated in 2000 and was not eligible for promotion during the inquiry, with a superannuation age of 57 slated for September 2008. While a writ appeal filed by the appellants was pending, the Madras High Court conditionall…
STATE OF U.P. & ANR.versusJAGDISH SARAN AGRAWAL. & ORS.
2008 INSC 134625 November 2008Appeal(s) allowed
The State of Uttar Pradesh, owner of a parcel of land managed by the Nagar Palika, sought eviction of alleged unauthorized occupants under three different statutes: a 1960 suit for permanent injunction filed by the Nagar Palika, a 1970 proceeding under the Uttar Pradesh Public Land (Eviction and Recovery of Rent and Da…
LIFE INSURANCE CORPORATION OF INDIAversusR. DHANDAPANI
2005 INSC 59025 November 2005Appeal(s) allowed
R. Dhandapani, an assistant with Life Insurance Corporation of India (LIC), was transferred to a new branch but failed to join, subsequently taking privileged and medical leave without furnishing a medical certificate from the LIC‑designated doctor. The employer issued a charge sheet for disobedience, insubordination a…
BANKAT AND ANR.versusSTATE OF MAHARASHTRA
2004 INSC 67625 November 2004Disposed off
Four accused (A‑1 to A‑4) were convicted under IPC sections 326/34 and 325/34 for causing grievous hurt. The trial court sentenced A‑1, A‑2 and A‑3 to one year imprisonment and a fine of Rs.500; A‑4, being a minor, received one month imprisonment and a fine of Rs.500. The Bombay High Court reduced the sentences of A‑3 …
GKN DRIVESHAFTS (INDIA) LTD.versusINCOME TAX OFFICER AND ORS.
2002 INSC 49425 November 2002Dismissed
The appellant, GKN Driveshafts (India) Ltd., challenged the validity of notices issued under sections 148 and 143(2) of the Income Tax Act, 1961, before the Delhi High Court. The High Court dismissed the writ petition, holding it premature because the appellant could raise objections in its reply to the notices. On app…
SMT. SEEMAversusASHWANI KUMAR
2007 INSC 110325 October 2007Directions issued
The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, Karnataka, Meghalaya, Mizoram…
ESCORTS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI-II
2004 INSC 61525 October 2004Appeal(s) allowed
Escorts Ltd. challenged a demand under Section 4(1) of the Central Excise and Salt Act, 1944, based on Rule 6(b) of the Central Excise Valuation Rules, 1975, after a show‑cause notice alleging contravention of the Excise Rules. The tribunal, relying on Ashok Leyland Ltd. v. Collector of Central Excise, held that becaus…
ASLAM @ DEEWANversusSTATE OF RAJASTHAN
2008 INSC 108825 September 2008Dismissed
The case involved a robbery on 24 April 2002 in which the victim, Nand Kishore, was assaulted with an iron rod and his bag was stolen. The accused, Aslam @ Deewan and Waseem @ Raju, were arrested after one of them provided information leading to the recovery of the stolen items and the weapon. The injured victim identi…
STEEL AUTHORITY OF INDIA LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.
2008 INSC 109125 September 2008Appeal(s) allowed
The National Union of Water Front Workers sought regularisation of its members who were employed as contract labourers by a contractor of Steel Authority of India Ltd. (SAIL). The West Bengal Government issued a 1989 notification prohibiting contract labour and the Calcutta High Court directed SAIL to absorb the worker…
STATE OF U.P.versusMUTAHIR MIAN
2008 INSC 108925 September 2008Dismissed
The State of Uttar Pradesh charged Mutahir Mian with murder under Section 302 of the IPC. The trial court convicted him based on the prosecution's version that the accused stabbed the deceased thrice. On appeal, the Allahabad High Court acquitted him, finding that the FIR was not proved to have been lodged at the alleg…
BASUDEO YADAVversusSURENDRA YADAV & ORS.
2008 INSC 97125 August 2008Appeal(s) allowed
The case concerns the murder of Vyasdeo Yadav, who was allegedly dragged and shot by a group of armed men. The trial court convicted the accused under sections 364 r/w 302, 302 r/w 149, 201 and 148 IPC, but the Patna High Court acquitted them, holding that identification was impossible and that procedural lapses (delay…
GOONDLA VENKATESWARLUversusSTATE OF A.P. AND ANR.
2008 INSC 97225 August 2008Appeal(s) allowed
The Assistant Commissioner of Commercial Taxes, GOONDLA VENKATESWARLU, inspected a business premises and later faced a criminal complaint alleging forcible seizure of books and extortion under IPC sections 448, 380, 384 and 506. The complaint was challenged on the ground that Section 37 of the Andhra Pradesh General Sa…
KRANTIKARI SURAKSHA RAKSHAK SANGHATANAversusBHARAT SANCHAR NIGAM LTD. AND ORS .
2008 INSC 96525 August 2008Dismissed
The Supreme Court examined whether a security guard allotted by the Maharashtra Private Security Guards Board to a principal employer becomes the employee of that employer, thereby stripping the Board of its power to recall, re‑allot or transfer the guard. The petitioners, trade unions, argued that the guard becomes a …
B. VENKAT SWAMYversusVIJAYA NEHRU AND ANR.
2008 INSC 96625 August 2008Dismissed
The father of a deceased woman appealed against the acquittal of her husband and his mother, who had been charged under IPC sections 302, 498A and Section 4 of the Dowry Prohibition Act for alleged dowry harassment and murder. The deceased was found hanging in a bedroom, and the trial court had convicted the husband ba…
M/S. TOYOTA MOTOR CORPORATIONversusCOMMNR. OF INCOME TAX
2008 INSC 97425 August 2008Dismissed
Mis. Toyota Motor Corporation appealed against the Commissioner of Income Tax after the Assessing Officer dropped penalty proceedings under Section 263 of the Income Tax Act. The Tribunal had held that initiating the proceedings was impermissible given the materials the assessee had placed before the officer. The Delhi…
VIDYODAYA TRUST AND ORS.versusMR. MOHAN PRASAD R AND ORS.
2006 INSC 55725 August 2006Disposed off
The respondents filed a suit under Section 34 of the Trust Act seeking management of Vidyodaya Trust, and the District Court allowed the suit by granting leave under Section 92 of the CPC after deciding a preliminary issue on its maintainability. The appellants challenged this order, filing a revision petition under Se…
RAJASTHAN STATE ROAD TRANSPORT CORPN. AND ANR.versusTILLA RAM
2004 INSC 47425 August 2004Appeal(s) allowed
Tilla Ram, a conductor with the Rajasthan State Road Transport Corporation, claimed he was a permanent employee and was terminated without a departmental inquiry, alleging violation of natural justice and the 'last come first go' principle. The trial court held he was a daily‑wage worker, found no need for an inquiry, …
M. AMANULLAH KHANversusGOVERNMENT OF INDIA AND ORS.
2004 INSC 47525 August 2004Dismissed
M.A. Khan, a State Forest Department officer, claimed that his continuous officiation in senior cadre posts from 1980 to 1991 should be counted for seniority when he was appointed to the Indian Forest Service on 27 March 1992. The Union of India and the Tamil Nadu Government argued that he was not a cadre or Select Lis…
BEHARI KUNJ SAHKARI AVAS SAMITIversusSTATE OF U.P. & ORS.
2008 INSC 86825 July 2008Dismissed
The dispute concerned a four‑bigha property in Agra that became evacuee property after the owner migrated to Pakistan and vested in the Custodian of Evacuee Property. The land was auctioned in 1955 under the Displaced Persons (Compensation and Rehabilitation) Act, 1955 and allotted to a displaced person, Tuljaram. Subs…
M/S. PIOMA INDUSTRIES ETC. ETC.versusSTATE OF KERALA
2008 INSC 86925 July 2008Case Partly allowed
Mis. Pioma Industries and Mis. Rasna Pvt. Ltd appealed against the State of Kerala challenging the tax classification of "Rasna" under the Kerala General Sales Tax Act, 1963. The assessing officer, the first appellate authority, the Tribunal and the Kerala High Court had held that Rasna, a powdered fruit drink, was a "…
STATE OF HARYANAversusSHIBU @ SHIV NARAIN AND ORS.
2008 INSC 86625 July 2008Dismissed
The State of Haryana appealed the acquittal of Shibu alias Shiv Narain and two others who were charged with murder of Vijay under IPC s.302, s.34. The trial court had convicted them, but the Punjab & Haryana High Court acquitted, holding that the alleged eye‑witnesses were not present and that the prosecution’s version…
IDDAR AND ORS.versusAABIDA AND ANR.
2007 INSC 78225 July 2007Appeal(s) allowed
The case arose from a dowry‑related dispute in which the complainant’s statement before the trial court differed from the statement recorded during investigation. An application under Section 311 of the CrPC seeking a fresh recording of the complainant’s statement was rejected by the trial court as an attempt to fill g…
STATE OF U.P.versusMUSHTAQ ALAM
2007 INSC 78325 July 2007Dismissed
The State of U.P. appealed the Allahabad High Court's acquittal of Mushtaq Alam, who was charged with murder under IPC s.302. The trial court had convicted him based on the testimony of an eye‑witness (PW‑1) and two other witnesses, but the High Court acquitted him, finding the witnesses' accounts unreliable and contra…
M/S. AMRIT PAPERversusCOMMISSIONER OF CENTRAL EXCISE, LUDHIANA
2006 INSC 46525 July 2006Dismissed
Amrit Paper, a manufacturer of paper, claimed exemption from central excise duty for March 2000 under Notification No. 6/2000‑CE. The company initially availed Modvat credit on input duty and cleared the goods at nil rate, but later reversed the credit, paid the duty and sought a refund of the credit. The Assistant Com…
C.A. SULAIMAN AND ORS.versusSTATE BANK OF TRAVANCORE, ALWAYEE AND ORS.
2006 INSC 46625 July 2006Disposed off
The Supreme Court examined whether the Kerala High Court correctly disposed of three second appeals without first formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure, 1908. The respondents argued that the proviso to sub‑section (5) of Section 100 allowed the High Court…
THE STATE OF ANDHRA PRADESH AND ANR.versusT. SURYACHANDRA RAO
2005 INSC 31125 July 2005Appeal(s) allowed
The respondent, T. Suryachandra Rao, submitted a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, surrendered land deemed excess, and the surrender was accepted by the authorities. It later emerged that the surrendered land had already been acquired by the State under the …
MR.C.GUPTAversusGLAXOSMITHKLIN PHARMACEUTICAL LIMITED
2007 INSC 66625 May 2007Dismissed
C. Gupta was appointed as an Industrial Relations Executive (management staff) of Glaxo‑SmithKline Pharmaceuticals and was terminated on 15 September 1982 under a clause allowing dismissal with three months' notice or salary in lieu. He claimed to be a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 a…
FAZIKA COOP. SUGAR MILLSversusJATINDER KUMAR GUPTA AND ANR.
2007 INSC 46525 April 2007Disposed off
The workman was dismissed in 1992 and raised an industrial dispute under Section 2A of the Industrial Disputes Act, 1947 in 1994. The Labour Court ordered his reinstatement with back wages and a subsistence allowance, but the management was not allowed to lead evidence and initially failed to pay the allowance. The man…
STATE OF PUNJABversusANIL KUMAR
2007 INSC 46725 April 2007Case Partly allowed
Anilkumar, a daily‑wage worker, was intermittently engaged by Punjab Roadways between 1981 and 1985 and thereafter not employed. He filed two civil suits claiming continuous service, both of which he later withdrew. In 1998 he served a demand notice under the Industrial Disputes Act, 1947, leading the Labour Court to a…
AMARJIT KAUR AND ORS.versusKARAMVIR SINGH AND ORS.
2006 INSC 24325 April 2006Dismissed
Ajit Singh, a common ancestor, sold ancestral land to Bishan Singh without consideration. Joginder Singh, a descendant, sued to declare the sale void and protect his reversionary rights, obtaining a decree that the sale would not affect those rights after Ajit Singh's death. A compromise was later reached between Jogin…
MST. SUGANIversusRAMESHWAR DAS AND ANR.
2006 INSC 24425 April 2006Appeal(s) allowed
Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for specific performance on 3‑…
PADMA BEN BANUSHALI AND ANR.versusYOGENDRA RATHORE AND ORS.
2006 INSC 24525 April 2006Appeal(s) allowed
The appellants obtained a decree for eviction of the respondents. While the respondents' appeal was pending, the parties entered into an agreement to withdraw the appeal and not to execute the decree, conditional upon the execution of a sale deed. The appellants later filed an execution application; the executing court…
S.V. MUZUMDAR AND ORS.versusGUJARAT STATE FERTILIZER CO. LTD. AND ANR.
2005 INSC 22925 April 2005Dismissed
The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and Sections 420 and 114 of the Indian Penal Code against Gujarat State Fertilizer Co. Ltd. and several of its employees and directors. The accused filed applications before the Chief Judicial Magistrate seeking to have…
STATE OF PUNJAB & ORS.versusPARAMJIT KAUR & ORS.
2009 INSC 40425 March 2009Disposed 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 appealed, contending that…
RAJESH PANDEYversusSTATE OF U.P.
2009 INSC 40525 March 2009Case 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 sections 3 and 4 of t…
U.P.S.R.TC.versusJAGDISH PRASAD GUPTA
2009 INSC 40625 March 2009Disposed 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 without providing any re…
M/S. PRAGATI SILICONS (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PANCHKULA
2009 INSC 40725 March 2009Disposed 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 Revenue classified the…
BHARATH METHAversusSTATE BY INSPECTOR OF POLICE CHENNAI
2008 INSC 40325 March 2008Case Allowed
The appellant, a financier under a hire‑purchase agreement, sought the release of a lorry seized under the Tamil Nadu Prohibition Act. The vehicle had been released earlier in favour of the hirer (respondent No.2) on certain conditions, which the hirer failed to fulfil. The appellant argued that the hire‑purchase agree…
RAM SWAROOPversusSTATE OF RAJASTHAN
2008 INSC 40425 March 2008Dismissed
Ram Swaroop was convicted for murdering Sumer Singh after eyewitnesses (PW3 and PW4) testified that he stabbed the victim, leading to death. The defence argued that the medical post‑mortem report conflicted with the eyewitness accounts and should overturn the conviction. The Supreme Court held that oral testimony enjoy…
M/S. ORCHID EMPLOYEES' UNION & ORS.versusM/S. ORCHID CHEMICALS & PHARMACEUTICALS LTD.
2008 INSC 39425 March 2008Disposed off
The Orchid Employees' Union sought an interim injunction restraining its members from assembling within 100 metres of the company's premises and from obstructing traffic, which was initially granted by a District Munsif. The Madras High Court set aside that injunction, noting a pending cancellation of the union under t…
STATE OF U.P. AND ANR.versusPRAMOD KUMAR SHUKLA AND ANR.
2008 INSC 40525 March 2008Appeal(s) allowed
The State of Uttar Pradesh challenged the grant of a permanent cinema licence and a government grant-in-aid to Pramod Kumar Shukla, who had applied as the owner of a cinema hall while actually being a power‑of‑attorney for the deceased original owner. The District Magistrate cancelled the grant‑in‑aid and ordered recov…
STATE OF U.P.versusDINESH
2009 INSC 25625 February 2009Dismissed
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 contradicted the ocular ac…
NARAYANversusSTATE OF RAJASTHAN
2009 INSC 25725 February 2009Dismissed
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 evidence such as the …
MANI @ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE
2009 INSC 25825 February 2009Dismissed
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. Although several oth…
MANI@ UDATTU MAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE
2009 INSC 25925 February 2009Dismissed
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 testimony was corrobora…
AMIN KHANversusSTATE OF RAJASTHAN AND ORS.
2009 INSC 26025 February 2009Dismissed
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 Court re‑arrest the acc…
NARESH KUMARversusKALA WATI & ORS.
2009 INSC 25225 February 2009Disposed 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 counsel was present.…
VISHAL SINGHversusSTATE OF RAJASTHAN
2009 INSC 25325 February 2009Dismissed
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 quarrel, invoking Excep…
BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.
2009 INSC 26625 February 2009Disposed 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 11,04,032 using a multi…
RAJESH KUMAR AND ANR.versusSTATE GOVT. OF NCT OF DELHI
2008 INSC 24925 February 2008Disposed off
The appellants were arrested for allegedly smuggling whisky from Haryana to Delhi; samples seized were sent to the Excise Control Laboratory, which reported the substance as whisky. They were convicted under Section 61 of the Punjab Excise Act, 1914 and sentenced to six months' simple imprisonment. On appeal, the quest…
LIYAKATversusSTATE OF UTTARANCHAL
2008 INSC 25025 February 2008Dismissed
The child Noor Alam, about 1½ years old, was left in the custody of accused Liyakat, Zahira, Jeewani and Riyasat by his parents. Within three hours the child went missing and his body was later discovered buried in Liyakat's hut. The prosecution relied solely on circumstantial evidence – the child's custody, the rapid …
M/S GOYAL ENTERPRISESversusSTATE OF JHARKHAND AND ANR.
2008 INSC 25125 February 2008Case Allowed
M/s Goyal Enterprises filed an application under Section 378(4) of the Code of Criminal Procedure, 1973 seeking leave to appeal an acquittal. The Jharkhand High Court dismissed the application summarily without providing any reasons. The Supreme Court held that a judicial order refusing leave to appeal must contain at …
SACHIN JANA AND ANR.versusSTATE OF WEST BENGAL
2008 INSC 10025 January 2008Disposed off
The appellants were part of a group that assaulted three persons, pouring acid on their faces and bodies, causing severe burns. They were convicted by the trial court under Section 307 IPC and sentenced to ten years' imprisonment. The High Court altered the conviction to Section 307 read with Section 34 IPC, maintainin…
THE APSRTC, REP. BY ITS GENERAL MANAGER AND ANR.versusM. RAMADEVI AND ORS.
2008 INSC 10125 January 2008Case Partly allowed
The appellant APSRTC filed an appeal against a Motor Accidents Claims Tribunal award of compensation for the death of its employee in a road accident. The Tribunal had based the award on a monthly salary of Rs.2,367 and a multiplier of 12, granting Rs.2,46,000 plus Rs.20,000 for non‑pecuniary damages. The High Court, n…
B.P. AGARWAL AND ANR.versus~ DHANALAKSHMI BANK LTD: AND ORS.
2008 INSC 10225 January 2008Case Allowed
The appellants filed an appeal against a money decree. The Kerala High Court, invoking Order XLI Rule 1(3) of the CPC, directed the appellants to deposit Rs.5,00,000 in the trial court even though no application for a stay of execution had been filed. The appellants contended that such a direction was impermissible. Th…
ASSISTANT DIRECTOR OF MINES & GEOLOGYversusM/S DECCAN CEMENTS LTD. & ANR.
2008 INSC 10425 January 2008Matter referred to larger bench
The Assistant Director of Mines & Geology appealed against the High Court's order upholding the levy of cess and other taxes under the Cess and Other Taxes on Minerals (Validation) Act, 1992, but holding that amounts not yet collected could not be collected. The Supreme Court earlier, in District Mining Officer v. Tata…
BODDAM NARSIMHAversusHASAN ALI KHAN (DEAD) BY L.R. & ORS.
2007 INSC 7725 January 2007Dismissed
The appellant, Boddam Narsimha, claimed that his paternal uncle 'Bala' was a protected tenant under Section 37-A of the A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 and sought an ownership certificate under Section 38‑E after a delay of more than 40 years. The court examined the nature of Bala's tenancy…
SUBODHKUMAR AND ORS.versusBHAGWANT NAMDEORAO MEHETRE AND ORS.
2007 INSC 7525 January 2007Dismissed
The case involved an ancestral Hindu Undivided Family property of Nimbaji and his five sons. Four sons and the karta sold 9 acres 16 gunthas to the plaintiffs, while the fifth son, Panditrao, who did not consent, had earlier sold 2 acres 2 gunthas to the appellants. The plaintiffs sued for possession, claiming the earl…
COMMISSIONER OF CENTRAL EXCISEversusM/S. BIRLA CORPORATION LTD. & ANR.
2007 INSC 7625 January 2007Disposed off
The Supreme Court examined whether the doctrine of unjust enrichment bars a refund claim when excise duty was paid under protest. Birla Corp Ltd, a cement manufacturer, had paid duty under protest and later sought a refund, arguing that the duty was not passed on to customers. The CEGAT had held that the bar of unjust …
M.P. MATHUR AND ORS.versusD.T.C. AND ORS.
2006 INSC 90424 November 2006Dismissed
The Delhi Transport Corporation (DTC) constructed 300 tenements under a subsidised housing scheme and, after an amendment, passed resolutions in 1979 to sell these houses to retired industrial workers. The workers filed suit seeking a declaration that they were entitled to ownership, relying on the resolutions and alle…
JODHPUR VIDYUT VITRAN NIGAM LTD. AND ANR.versusNANU RAM AND ORS.
2006 INSC 90624 November 2006Appeal(s) allowed
The respondents, temporary construction workers on muster roll, completed two years of service after 31 March 1982 and claimed regularisation and regular pay scale under arbitration awards of 1978 and 1979. The State Government constituted a Screening Committee in September 1983 to consider regularisation of workers wh…
WEST BENGAL STATE ELECTRICITY BOARDversusDILIP KUMAR RAY
2006 INSC 90724 November 2006Appeal(s) allowed
The respondent, a Superintending Engineer of the West Bengal State Electricity Board, was suspended pending disciplinary proceedings that were later quashed by the High Court for denial of a reasonable hearing. He subsequently sued the Board for damages, claiming harassment and loss of reputation, and the trial court a…
M/S KANPUR EDIBLES PVT. LTD.versusCOMMISSIONER, TRADE TAX, U.P.
2008 INSC 122324 October 2008Appeal(s) allowed
M/s. Kanpur Edibles Pvt. Ltd. challenged the Commissioner of Trade Tax, U.P.'s orders under Section 10‑B of the U.P. Sales Tax Act, 1948, which were issued in 2006 to revise a 2003 order cancelling re‑assessment notices. The Tribunal held that the 10‑B notices were beyond the limitation period, but the High Court rever…
GAJRAJ YADAVversusRAJENDRA SINGH @ DEENA & ORS.
2008 INSC 122624 October 2008Appeal(s) allowed
The respondents, convicted of offences including murder under the IPC, appealed their convictions and sought suspension of their sentences under Section 389 of the CrPC. The Rajasthan High Court granted suspension and bail without recording any written reasons. The Supreme Court held that Section 389 mandates that the …
DASHRATH@ CHAMPA AND ORS.versusSTATE OF MADHYA PRADESH
2007 INSC 109924 October 2007Dismissed
The appellants were convicted for murder under IPC s.304(Part I) read with s.34 based primarily on the deceased's statements recorded in the FIR and under s.161 CrPC, which the trial and High Courts treated as dying declarations under s.32 of the Evidence Act. The Supreme Court examined the principles governing dying d…
IQBALversusSTATE OF KERALA
2007 INSC 110024 October 2007Case Partly allowed
The appellant Iqbal and a co-accused were charged with kidnapping and raping a girl who was under 14 years of age. The trial court convicted both under Sections 366A and 376 of the Indian Penal Code (IPC) read with Section 34, and the High Court affirmed the conviction of Iqbal while acquitting the co-accused. On appea…
ST. THERESA'S TENDER LOVING CARE HOME AND ORS.versusSTATE OF A.P.
2005 INSC 52024 October 2005Dismissed
The Society (St. Theresa's Tender Loving Care Home) sought permission to place a five‑year‑old girl, Sahiti, for inter‑country adoption by two U.S. residents. The child was said to have been relinquished by her mother, but the relinquishment deed was later found to be fabricated and the Society had been prosecuted for …
STATE OF A.P.versusGUVVA SATYANARAYANA
2008 INSC 108424 September 2008Dismissed
The deceased, Renuka, died from burns after an alleged incident where her husband doused her with kerosene. A dying declaration was recorded by a magistrate on the night of the incident, in which she accused her husband of the act. The trial court convicted the husband under Sections 302 (murder) and 498A (dowry harass…
MAN SINGH & ANR.versusSTATE OF M.P.
2008 INSC 108524 September 2008Appeal(s) allowed
The appellants were convicted under several provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to twenty years' rigorous imprisonment. They appealed to the High Court, but the counsel appointed for them by the Legal Aid Committee failed to appear. The High Court, assisted by a panel la…
BAKHTIY AR HUSSAIN (DEAD) THR. LRS.versusHAFIZ KHAN AND ORS.
2007 INSC 96524 September 2007Case Partly allowed
Bakhtiyar Hussain, claiming to be the bhumiswami of certain lands, sued Hafiz Khan and others for declaration of title and injunction after they took possession in 1970, asserting they had acquired title by adverse possession. The trial court and the first appellate court held the defendants were in permissible possess…
HYDERABAD INDUSTRIES LTD.versusESI CORPORATION
2007 INSC 96624 September 2007Disposed off
Hyderabad Industries Ltd appealed against an order of the Andhra Pradesh High Court which had dismissed its challenge under Section 82(2) of the Employees State Insurance Act, 1948, without examining the factual circumstances. The central question was whether workers engaged by contractors for loading, unloading, clear…
GANGA KISAN SAHKARI CHINI MILLS LTD.versusJAIVIR SINGH
2007 INSC 96724 September 2007Appeal(s) allowed
The appellant, Ganga Kisan Sahkari Chini Mills Ltd., employed certain workers during its trial season of 1984-85 and later terminated them. The workers claimed they were permanent employees and sought reinstatement, back wages, and retaining allowance under the Uttar Pradesh Payment of Retaining Allowances to Unskilled…
U.P. POWER CORPORATION LTD. AND ORS.versusM/S. BONDS & BEYONDS (INDIA) (P) LTD.
2007 INSC 96824 September 2007Amount Awarded
The appeal concerned whether a single Meter Reading Inspection (MRI) report, which records electricity consumption for 35 days, should be treated as one violation of peak‑hour restrictions or whether each contravention noted in the report attracts a separate penalty. The Supreme Court examined the Uttar Pradesh Electri…
SUMAN VERMAversusUNION OF INDIA AND ORS.
2004 INSC 54524 September 2004Leave Granted & Dismissed
Suman Verma was appointed as Extra Departmental Branch Post Master (EDBPM) in 1996, satisfying the statutory qualifications of passing the Matriculation Examination and possessing agricultural land. Respondent No.6 challenged the appointment before the Central Administrative Tribunal (CAT), asserting that she had highe…
M/S. NANDI INVESTMENTS AND ENTERPRISESversusL.M. SARAVAMANGALA
2004 INSC 54624 September 2004Case Partly allowed
The respondent filed a suit for recovery of Rs.2,20,000 with interest against the appellant firm. After a series of decrees and execution proceedings, the appellant paid amounts but disputed that interest had been calculated twice and that interest on interest was added, and also claimed that income‑tax paid should be …
SUDHA VERMAversusSTATE OF U.P. AND ANR.
2007 INSC 86024 August 2007Case Partly allowed
Sudha Verma, the widow of Rajesh Kumar, appealed against the Allahabad High Court's grant of bail to Dinesh Kumar (respondent No.2), who was alleged to have shot and killed his elder brother during a family dispute over property partition. The High Court had held that the offence fell under Section 304 Part II of the I…
PRAMOD KUMAR AND ANR.versusBIHAR VYAVASAYIK SANGHARSH MORCHA AND ORS.
2007 INSC 86124 August 2007Disposed off
A public interest litigation was filed in the Patna High Court seeking directions to stop criminal activities and exploitation by police personnel in Bihar. The High Court issued orders directing the transfer of officers who had remained at a posting for more than four years and mandating the monitoring of FIRs through…
KRISHNA BHAGYA JALA NIGAM LTD.versusMOHAMMED RAFI
2006 INSC 54924 August 2006Appeal(s) allowed
The daily‑wage workman Mohammed Rafi claimed that his termination by Krishna Bhagya Jala Nigam Ltd. violated Section 25‑F of the Industrial Disputes Act, 1947, and the Labour Court ordered his reinstatement. The employer appealed; a single High Court judge set aside the award, holding that the workman had not proved he…
CHAIRMAN, M.P. ELECTRICITY BOARD AND ORS.versusSHIV NARAYAN AND ANR.
2005 INSC 38024 August 2005Matter referred to larger bench
The Madhya Pradesh Electricity Board classified a lawyer's office as a commercial establishment and demanded commercial tariff for electricity consumption. The landlord, who owned the premises, challenged the demand in the High Court, which held that a lawyer's office is not a commercial establishment and the commercia…
STATE OF BIHAR AND ORS.versusRAJENDRA SINGH AND ANR.
2004 INSC 46824 August 2004Case Partly allowed
The State of Bihar appealed a Patna High Court order that had found a violation of its earlier direction and had directed a fresh reconsideration of the matter. The Supreme Court held that in contempt proceedings the court's inquiry is limited to whether the earlier order, which has attained finality, has been complied…
PRITHAWI NATH RAMversusSTATE OF JHARKHAND AND ORS.
2004 INSC 46924 August 2004Appeal(s) allowed
The appellant filed an application under Sections 11 and 15 of the Contempt of Courts Act, 1971, alleging that a single judge of the Patna High Court had failed to comply with directions issued on 30‑03‑1999. The High Court judge, while hearing the contempt application, examined the correctness of the original order an…
SURAJ SINGHversusARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.]
2008 INSC 86324 July 2008Dismissed
Suraj Singh and his wife were tried for the murder of Jagat Singh. The trial court acquitted both, relying on a perceived discrepancy between eye‑witness testimony and medical evidence. The Allahabad High Court set aside Suraj Singh's acquittal, convicted him under s.302 IPC and sentenced him to life imprisonment, hold…
NATIONAL INSURANCE CO. LTD.versusGULAB NABI AND ANR.
2008 INSC 86424 July 2008Appeal(s) allowed
The Commissioner under the Workmen's Compensation Act, 1928 awarded compensation to the claimant and directed National Insurance Co. Ltd. to pay. The insurer appealed the award under section 30 of the Act. The Allahabad High Court dismissed the appeal summarily, without giving any reasons and without addressing the sub…
MANGOO @ MANGAL SINGHversusSTATE OF M.P.
2008 INSC 86524 July 2008Appeal(s) allowed
Five persons were tried for murder under s.302 read with s.149 IPC. The trial court convicted all and sentenced them to life imprisonment. The High Court dismissed the appeal, upholding the conviction. Three of the accused filed Special Leave Petitions, and this Court altered their conviction to s.304 Part I IPC and re…
MRS. HAFIZUN BEGUMversusMD. IKRAM HEQUE & ORS.
2007 INSC 77724 July 2007Disposed off
The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the brothers were entitled to…
SMT. SUBHA RAJ AND ANR.versusSANKAR SARKAR AND ANR.
2007 INSC 77824 July 2007Disposed off
Respondent No.1 filed a criminal complaint against Subha Raj and others alleging offences under several IPC sections. The Magistrate dismissed the complaint, and the complainant's first revision before the Additional District and Sessions Judge was also dismissed. A second revision petition, styled under s.401 r/w s.40…
OM PRAKASH SRIVASTAVAversusUNION OF INDIA AND ANR.
2006 INSC 46324 July 2006Disposed off
Om Prakash Srivastava, extradited from Singapore, filed a writ petition in the Delhi High Court under Article 226 alleging violation of the Extradition Act and inhuman prison conditions in Uttar Pradesh. The Delhi High Court held that it might have jurisdiction but that the Allahabad High Court could more effectively d…
ORISSA HYDRO POWER CORPORATION LTD.versusSANTWANT SINGH GILL (DEAD) BY LRS. AND ORS.
2006 INSC 46424 July 2006Disposed off
The original respondent, Santwant Singh Gill, entered into an agreement with the Executive Engineer of the Indravati Dam for concrete‑cum‑masonry work, but failed to complete the work and was later replaced by another contractor. Gill filed a money suit against the State of Orissa, the General Manager of the Upper Indr…
STATE OF RAJASTHAN AND ANR.versusRAJASTHAN CHEMIST ASSOCIATION
2006 INSC 46224 July 2006Dismissed
The Supreme Court examined the constitutional validity of Section 4A of the Rajasthan Sales Tax Act, 1994, which levied tax on the first point sale of drugs, medicines and formulations by wholesalers to retailers based on the Maximum Retail Price (MRP) printed on the package rather than the actual consideration paid. T…
COMMISSIONER OF CUSTOMS, KOLKATAversusM/S. PEERLESS CONSULTANCY SERVICES PVT. LTD.
2007 INSC 66424 May 2007Appeal(s) allowed
The Commissioner of Customs, Kolkata, rejected a claim for Duty Entitlement Pass Book (DEPB) credit made by Peerless Consultancy Services Pvt. Ltd. on the ground that the steel balls exported were grossly over‑invoiced and the declared Present Market Value (PMV) was inflated. The Commissioner issued a show‑cause notice…
COMMISSIONER OF CUSTOM, NEW DELHIversusM/S BROOKS INTERNA TI ON AL AND ORS.
2007 INSC 66524 May 2007Appeal(s) allowed
The case concerned appeals by the Commissioner of Customs against the confiscation of a consignment of readymade garments exported by Mis Brooks International for duty drawback. The revenue authorities seized the goods, invoking Sections 113(c) and (d) of the Customs Act, 1962, alleging that the market value of the goo…
RAM BABU TIWARIversusSTATE OF M.P. & ANR.
2009 INSC 59924 April 2009Disposed 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 witness, and that co‑acc…
MITALIversusDABABRATA
2009 INSC 60024 April 2009Disposed 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 by mutual consent in…
SAKTIversusSTATE OF A.P. & ORS.
2009 INSC 60124 April 2009Disposed 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 Andhra Pradesh High Cour…
BIKRAM DORJEEversusSTATE OF WEST BENGAL
2009 INSC 60424 April 2009Case 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. The Court held that …
RAMAN KUMARversusSTATE OF PUNJAB
2009 INSC 60524 April 2009Appeal(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 ingredients of a dowry death,…
RAMESH BHAI & ANR.versusSTATE OF RAJASTHAN
2009 INSC 60624 April 2009Appeal(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, chiefly that the inje…
PREM SINGHversusSTATE (N.C.T) DELHI
2009 INSC 59824 April 2009Appeal(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 matched the bullet …
SANTHANAMversusSTATE OF TAMIL NADU
2009 INSC 60724 April 2009Case 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 Court affirmed the conv…
RATAN SINGHversusSTATE OF M.P. & ANR.
2009 INSC 60824 April 2009Appeal(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 not involve any vita…
NEPAL SINGHversusSTATE OF HARYANA
2009 INSC 60924 April 2009Appeal(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 him. On appeal, the Su…
RAJA RAM KASHYAP & ORS.versusSTATE OF U.P. & ANR.
2009 INSC 60324 April 2009Disposed 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, 1973, and whether t…
SHARIFF AHMED & ORS.versusSTATE (NCT OF DELHI)
2009 INSC 60224 April 2009Appeal(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 the court's jurisdi…
ANJAN1 KUMARversusSTATE OF BIHAR AND ANR.
2008 INSC 52324 April 2008Case Allowed
The appellant, a public servant, conducted a raid on a medical shop and seized medicines, later filing an FIR against respondent No.2. In retaliation, respondent No.2 lodged a complaint alleging the appellant had committed offences under IPC sections 161, 167, 465, 466, 469 and 471. The District Magistrate issued a san…
UNION OF INDIAversusS.P.S. RAJKUMAR AND ORS.
2007 INSC 45524 April 2007Disposed off
Group Captain S.P.S. Rajkumar was charged with nine counts of financial impropriety and was tried before a General Court Martial (GCM) which found him guilty of four charges and sentenced him to loss of two years seniority and a severe reprimand. The convening authority ordered a re‑assembly of the GCM, which then sent…