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ARIJIT PASAYAT

1966 judgments · newest first · showing 401–600

RAMJIT AND ORS.versusSTATE OF U.P.

2009 INSC 19Case Partly allowed

The incident arose when a bull owned by the accused entered the complainant's field, damaging crops and leading to a heated exchange between the parties. The accused then entered his house and returned within a few minutes armed with lathis, knives and other weapons, assaulting the complainant's …

PREM KANWARversusSTATE OF RAJASTHAN

2009 INSC 5Dismissed

The deceased daughter‑in‑law was burnt to death within four years of her marriage. The prosecution alleged that the mother‑in‑law, husband and uncle repeatedly harassed and tortured her for not providing sufficient dowry. A post‑mortem showed ante‑mortem burns and fractured skull bones, indicating …

NEKU KHAN & ORS.versusSTATE OF RAJASTHAN

2009 INSC 7Disposed off

The prosecution alleged that on the night of 13-14 September 1984, five accused entered a house, assaulted a male relative, abducted the prosecutrix, stripped her and the principal accused, Neku Khan, raped her for two nights. The trial court and the Rajasthan High Court convicted Neku Khan under …

DWARIKA NATH ACOOLIversusDULAL CHANDRA BAYEN AND ORS.

2009 INSC 3Disposed off

The appellant, claiming ownership of a property at 18/1 Ramesh Mitra Road, Kolkata, sought eviction of the respondent who alleged he was a Thika tenant under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. The respondent filed a Return under Rule 3(a) of the 1981 Rules, which the …

KARTICK CHANDRA MANDALversusNETAL MONDAL (DEAD) BY LRS. AND ORS.

2009 INSC 4Appeal(s) allowed

The plaintiff filed a suit for declaration of title, possession and permanent injunction based on an alleged amicable partition of land among co‑sharers. The High Court, on a second appeal under CPC s.100, decided that the partition, if any, did not occur before the commencement of Section 14 of the …

AQEEL AHMADversusSTATE OF U.P.

2008 INSC 1493Dismissed

A dispute over a banner led a group of armed accused, including Aqeel Ahmad, to enter the informant's house and fire at his sons, killing both. The accused were convicted of murder under IPC s.302, with some also convicted under s.149 (murder in unlawful assembly) and s.148, receiving death and life …

JAIPRAKASH ASSOCIATES LTD.versusSTATE OF M.P. AND ORS.

2008 INSC 1487Appeal(s) allowed

The Supreme Court entertained a batch of Special Leave Petitions challenging the constitutional validity of entry tax levied by various State statutes under Entry 52 of List II, Seventh Schedule. The petitioners argued that entry tax is not a tax in the classical sense but a fee, and that the State …

SHANTI BHUSHAN AND ANR.versusUNION OF INDIA AND ANR.

2008 INSC 1457Disposed off

The petitioners filed a public‑interest writ under Article 32 seeking to quash the appointment of a Madras High Court judge, alleging that the appointment as a permanent judge was made without the required collegium consultation and that the judge was unsuitable, as evidenced by repeated extensions …

STATE OF ORISSAversusSUKRU GOUDA

2008 INSC 1440Disposed off

The State of Orissa appealed the acquittal of Sukru Gouda, who had been convicted by a trial court for raping his wife, PW1, under IPC s.376 and the SC/ST Atrocities Act. The High Court set aside the conviction, relying on the absence of medical injuries and the notion that a single man could not …

YANKAPPA AND ORS.versusSTATE OF KARNATAKA

2008 INSC 1441Case Partly allowed

The case arose from a land dispute that led to a group assault on Mahadevappa, resulting in his death. The trial court convicted Yankappa (A1) under Section 302 read with Section 149 IPC and A2‑A6 under Section 304 Part I read with Section 149, acquitting A7‑A15. The Karnataka High Court upheld A1's …

R. SENTHIL BABUversusSTATE OF TAMIL NADU AND A,NR.

2008 INSC 1442Dismissed

The petitioners challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998 which raised tax rates for contract carriage, alleging that the increased levy imposed an uneven burden compared to stage carriage and violated Article 14's principle of proportionality. The High Court dismissed …

BAIKUNTH SINGHversusSTATE OF BIHAR AND ORS.

2008 INSC 1433Disposed off

Baikunth Singh filed a complaint under IPC s.406, leading the trial court to take cognizance and issue summons against respondents 2 and 3. The respondents filed a petition under CrPC s.482, impleading the appellant, and the Patna High Court quashed the trial court's order without giving any notice …

DHARAM PALversusSTATE OF HARYANA AND ORS.

2008 INSC 1434Disposed off

The appellant Dharm Pal filed a writ petition challenging a 2000 notification under Section 4 and a 2001 declaration under Section 6 of the Land Acquisition Act, 1894, which acquired his residential structure while similar structures of other persons were left out. The Punjab and Haryana High Court …

SHIV KUMARversusSTATE OF N.C.T. OF DELHI

2008 INSC 1435Disposed off

Shiv Kumar was convicted under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to three years' imprisonment. He applied to the Delhi High Court for suspension of his sentence under Section 389 of the Code of Criminal Procedure, arguing that he had already served one year …

VAMAN NARAIN GHIYAversusSTATE OF RAJASTHAN

2008 INSC 1420Dismissed

Vaman Narain Ghiya, accused of smuggling antiques, was charged under IPC sections 413, 457, 380 and 411. He argued that he should be released on bail under Section 439 of the Code of Criminal Procedure, 1973, relying on the fact that he had obtained bail in six of ten cases, had been in custody for …

STATE OF GOAversusPANDURANG MOHITE

2008 INSC 1408Dismissed

The State of Goa appealed the acquittal of Pandurang Mohite, who had been charged under Sections 302, 392 and 201 IPC for the murder of a missing boy. The trial court had convicted Mohite on the basis of circumstantial evidence, chiefly the "last seen" testimony of two witnesses who claimed to have …

M/S GANPATI RV-TALLERES ALEGRIA TRACK PVT. LTD.versusUNION OF INDIA AND ANR.

2008 INSC 1410Case Partly allowed

The Ministry of Railways invited a tender for thick web switches, requiring ISO 9001 certification and ROSO approval. Ganpati RV‑Talleres Alegria Track Pvt. Ltd. submitted a technical bid that was initially approved, but its commercial bid was later rejected on the ground that the eligibility …

STATE OF MADHYA PRADESH & ORS.versusVISAN KUMAR SHIV CHARAN LAL

2008 INSC 1403Appeal(s) allowed

The State of Madhya Pradesh filed a Letters Patent Appeal against a Division Bench order that had dismissed a writ petition under Article 227 seeking to quash a Labour Court order passed under Section 10 of the Industrial Disputes Act, 1947. The High Court held the appeal non‑maintainable, relying …

LAXMANJI AND ANR.versusSTATE OF GUJARAT

2008 INSC 1404Appeal(s) allowed

Four accused went to the victim's house; the unarmed accused No.2 and No.3 restrained the victim while accused No.1, armed with a knife, inflicted fatal blows. The victim died, leading to conviction of accused Nos.1,2,3 under Section 302 read with Section 34 of the IPC, while No.4 was acquitted. The …

ARUN BHAKTA @ THULUversusSTATE OF WEST BENGAL

2008 INSC 1405Appeal(s) allowed

Arun Bhakta (Thulu) was convicted under Section 302 IPC for the murder of his wife Jyotsna, based largely on circumstantial evidence and the "last seen" theory that the couple were together the night before her death. The prosecution's case relied on statements of witnesses that were later …

KASHIBEN CHHAGANBHAI KOLIversusSTATE OF GUJARAT

2008 INSC 1397Dismissed

The appellant, a landowner, had agreed to sell a parcel of agricultural land to the complainant, who belongs to a Scheduled Tribe, and transferred possession after partial payment. After the complainant began cultivating sugarcane, the appellant forcibly entered the land, used a tractor to till it …

MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. AND ANR.versusRAJIV DUBEY

2008 INSC 1398Appeal(s) allowed

The Managing Director of Team Finance Company filed a criminal complaint under IPC sections 406, 420, 294, 506 and 34 alleging breach of trust because Mahindra & Mahindra Financial Services presented post‑dated cheques despite the debt being discharged by demand drafts as per a tripartite agreement. …

PRABHUversusSTATE OF MADHYA PRADESH .

2008 INSC 1389Case Partly allowed

The accused Prabhu, Jagdish and Nanhe Lal attacked Shankar; Nanhe wielded a sharp katana while Prabhu and Jagdish used lathis. Shankar sustained fourteen injuries, including incised wounds, and died from extensive hemorrhage. The trial court convicted all under s.302 r.w. s.34 IPC, but the Madhya …

GOBIND SINGHversusKRISHNA SINGH AND ORS.

2008 INSC 1390Appeal(s) allowed

The Supreme Court examined appeals against a Patna High Court order that had confirmed a death sentence awarded to Krishna Singh for murder under Sections 302 and 149 of the IPC. The appellants contended that the High Court’s findings were based on conjecture, particularly questioning the …

RAJENDRAN & ANR.versusSTATE ASSTT. COMMNR. OF POLICE LAW & ORDER

2008 INSC 1375Dismissed

The appellants, husband and parents‑in‑law of a married woman who died by self‑immolation, were tried for offences under Sections 3048 and 498A of the IPC. The trial court acquitted them of the dowry‑death charge under Section 3048 but convicted them under Section 498A for cruelty that allegedly …

RAMA KANT VERMAversusSTATE OF U.P. & ORS.

2008 INSC 1374Appeal(s) allowed

The case involved six accused persons charged under IPC sections 302, 149 and 148 for the murder of four individuals. The trial court convicted four of the accused and sentenced them to death. The Allahabad High Court, however, acquitted the accused and dismissed the State's appeal. The complainant …

BALDEV SINGHversusSTATE OF HARYANA

2008 INSC 1368Appeal(s) allowed

Baldev Singh was convicted by the trial court and the High Court for murder (Sec. 302 IPC) and outraging modesty (Sec. 354 IPC) based largely on circumstantial evidence such as injuries on his body, recovered chappals and utensils, and alleged extra‑judicial confessions. The Supreme Court examined …

MOHINDRA HIRE PURCHASEversusJARNAIL SINGH . ,

2008 INSC 1369Appeal(s) allowed

The appellant, Mohindra Hire Purchase, filed a complaint under Section 138 of the Negotiable Instruments Act leading to the accused's acquittal. The appellant then sought special leave to appeal the acquittal under Section 378 of the Code of Criminal Procedure. The Punjab and Haryana High Court …

STATE OF ORISSAversusSIKHAR JENA AND ORS

2008 INSC 1370Disposed off

The incident occurred on 19 March 1984 when a mob of labourers attacked police personnel at the Iron Ore Plot in Paradeep, resulting in the deaths of five police officers. Six accused were convicted by the trial court on the basis of eye‑witness testimony of Havaldar U.C. Jena (PW‑2) and another …

BATCU VENKATEHSWARLU AND ORS.versusPUBLIC PROSECUTOR HIGH COURT OF AP.

2008 INSC 1366Appeal(s) allowed

The Supreme Court examined an appeal filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 against the acquittal of Batcu Venkatehswarlu and others by a trial court. The Court held that an appellate court has full power to re‑appreciate, review and reconsider the …

CHAMAN & ANR.versusSTATE OF UTTARANCHAL

2008 INSC 1371Dismissed

The appellants Chaman, Vinod Kumar and Naresh entered the deceased Jaswant Singh's house armed with weapons, assaulted him and caused his death. They were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment, with Vinod also convicted under …

VIJAYversusSTATE OF MAHARASHTRA

2008 INSC 1372Appeal(s) allowed

The case arose from the death of Anita, who allegedly committed suicide after her husband Vijay and mother‑in‑law Suman demanded dowry. The prosecution relied on a letter (Exhibit 19) written by Anita to her father, which mentioned a demand for a gold ring by the mother‑in‑law. The trial court …

GURRAM CHAKRAVARTHYversusSTATE OF A.P.

2008 INSC 1356Disposed off

Gurram Chakravarthy was convicted under Section 304(8) of the Indian Penal Code and sentenced to seven years' rigorous imprisonment and a fine. The High Court upheld the conviction, but the Supreme Court observed that the High Court had not examined the defence witnesses who were called to rebut the …

STATE OF TAMIL NADUversusMANMATHARAJ

2008 INSC 1357Dismissed

The State of Tamil Nadu appealed the acquittal of Manmatharaj, who had been convicted by the trial court for murder and for causing the disappearance of evidence under Sections 302 and 201 of the IPC, based primarily on an extra‑judicial confession recorded by the Village Administrative Officer …

SONTI RAMA KRISHNAversusSONTI SHANTI SREE AND ANR.

2008 INSC 1358Dismissed

The appellant, Sonti Rama Krishna, filed a complaint alleging that his son, Venkateswara Rao, had been insulted by his wife, Sonti Shanti Sree, after their arranged marriage, and that the insult drove the son to commit suicide. The police registered a case under Section 306 of the IPC for abetment …

BHUVANESHWAR YADAVversusSTATE OF BIHAR AND ORS.

2008 INSC 1359Appeal(s) allowed

The Supreme Court examined an appeal against a Patna High Court order that granted bail to two accused convicted of murder (IPC s.302) and illegal possession of arms (Arms Act s.27) without providing any reasons. The High Court had earlier rejected bail applications, later allowing the petitioners …

STATE OF HARYANAversusSURJIT SINGH

2008 INSC 1360Appeal(s) allowed

The respondent, Surjit Singh, was convicted under Section 7 of the Prevention of Corruption Act, 1988 and acquitted under Section 13(2). The State of Haryana sought leave to appeal the acquittal under Section 378(3) of the Code of Criminal Procedure, but the Punjab and Haryana High Court dismissed …

AMBIKA MANDALversusTHE STATE OF BIHAR (NOW JHARKHAND)

2008 INSC 1361Disposed off

Ambika Mandal was convicted under IPC sections 304‑C and 306 and under the Dowry Prohibition Act for dowry‑related offences. She appealed the conviction, but the appeal was transferred from the Patna High Court to the Jharkhand High Court after the reorganisation of states. The appellant received no …

SHIVNATH PRASADversusTHE STATE OF BIHAR

2008 INSC 1362Disposed off

Shivnath Prasad was convicted under Sections 279 and 304A of the Indian Penal Code by the trial court and the appellate court. He filed a revision petition in the Patna High Court, which was dismissed by a cryptic order without addressing his contentions that key evidence – the doctor, the …

COMMNR. OF CENTRAL EXCISE, BANGALOREversusSRIKUMAR AGENCIES ETC. ETC.

2008 INSC 1355Disposed off

The Commissioner of Central Excise, Bangalore filed appeals challenging several orders of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) that had disposed of cases by merely relying on earlier judgments without a detailed examination of the facts. The central issue was whether the …

SAMSUDDHIN SHEIKHversusSTATE OF GOA

2008 INSC 1350Case 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 …

THANGA PRAKASHversusSTATE OF KARNATAKA

2008 INSC 1351Disposed 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 …

UNION OF INDIA AND ORS.versusM/S EXIM RAJATHI INDIA PVT. LTD.

2008 INSC 1352Disposed 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 …

N.H. MUHAMMED AFRASversusSTATE OF KERALA

2008 INSC 1340Appeal(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 …

A. YADHAVversusSTATE OF KARNATAKA

2008 INSC 1341Dismissed

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 …

M. VISWANATHANversusM/S. S.K. TILES & POTTERIES P. LTD. & ORS.

2008 INSC 1342Appeal(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 …

UNION OF INDIA AND ORS.versusATAM PARKASH AND ANR.

2008 INSC 1343Appeal(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 …

STATE REP. BY INSPECTOR OF POLICE, TAMIL NADUversusRAJENDRAN & ORS.

2008 INSC 1344Appeal(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 …

STATE OF U.P. & ANR.versusJAGDISH SARAN AGRAWAL. & ORS.

2008 INSC 1346Appeal(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 …

SHILPAversusABHINAV

2008 INSC 1333Disposed off

The Supreme Court considered Transfer Petition (C) No. 79 of 2008 filed by Shilpa seeking relief in a matrimonial dispute with her husband Abhinav. The matter was referred to the Supreme Court Lok Adalat, where the parties, together with their families, executed a joint settlement covering the …

KILARI MALAKONDIAAH @ MALAYADRI & ORS.versusSTATE OF ANDHRA PRADESH

2008 INSC 1335Dismissed

The appellants, members of a political faction, assaulted the deceased with deadly weapons, causing his death, and injured three other persons. They were convicted under Sections 302 read with 34 and 307 read with 34 of the Indian Penal Code. On appeal they argued that the father of the deceased was …

MD. RAFIQUE @ CHACHUversusSTATE OF WEST BENGAL

2008 INSC 1336Dismissed

The appellant, MD Rafique, was charged with murder (Sec. 302 IPC) and voluntarily causing hurt (Sec. 398 IPC) for shooting the shop owner and assaulting his sons. The trial court convicted him on both counts; the Calcutta High Court upheld the murder conviction but set aside the 398 conviction. On …

BALIRAM S/O IRRAPPA KAMBLEversusSTATE OF MAHARASHTRA

2008 INSC 1327Dismissed

Baliram, a Minimum Wages Inspector, demanded Rs 100 from Shivaji Padwal for dropping an action for not maintaining a service register. Padwal complained, and a trap was arranged using currency notes treated with anthracene powder and two independent witnesses. The treated notes were offered, …

SAMBHAJI & ORS.versusGANGABAI & ORS.

2008 INSC 1329Appeal(s) allowed

In a civil suit the defendants failed to file their written statement within the 90‑day period prescribed by Order 8 Rule 1 of the Code of Civil Procedure. The trial court refused to accept the belated statement, holding that the provision barred any extension. The defendants appealed; the High …

STATE OF TAMIL NADUversusKARUPPASAMY

2008 INSC 1330Appeal(s) allowed

The husband allegedly poured kerosene on his wife Kamalam, causing severe burns; she was taken to hospital where she gave a dying declaration implicating him. The trial court convicted the husband under Section 302 IPC based on the dying declaration, medical officer's report, and oral testimonies of …

GAURAV NAGPALversusSUMEDHA NAGPAL

2008 INSC 1324Dismissed

The father, Gaurav Nagpal, had retained custody of his minor child after allegedly kidnapping and confining the mother, Sumedha Nagpal, and repeatedly violating court orders. The mother filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956 and Section 25 of the …

VITHAL PUNDALIK ZENDGEversusST ATE OF MAHARASHTRA

2008 INSC 1325Dismissed

The appellant Vithal Pundalik Zendge and eight others were convicted of murder under IPC s.302 read with s.149 for the killing of the appellant's brother. The conviction was based primarily on the testimony of a single eyewitness, PW‑1, who was the sister of the deceased. The appellant challenged …

HINDUSTAN COPPER LTD.versusSTATE OF MADHYA PRADESH AND ORS.

2008 INSC 1326Appeal(s) allowed

Hindustan Copper Ltd., a government company engaged in open‑cast mining of copper ore and its subsequent processing into copper concentrate, challenged the levy of electricity duty under the Madhya Pradesh Electricity Duty Act, 1949. The Act’s Section 3 (Explanation (b)) defines a “mine” to include …

MOHD. ASHIQUEversusSTATE OF MAHARASHTRA

2008 INSC 1310Dismissed

The appellant, Mohd. Ashique, owned a truck that was confiscated by Maharashtra forest officials under Section 61A of the Indian Forest Act, 1927 for allegedly transporting illicitly felled timber. He challenged the confiscation, claiming he had no knowledge of any alterations in the transit passes …

KAMLA CHATURVEDIversusNATIONAL INSURANCE CO. & ORS.

2008 INSC 1311Case Partly allowed

The case concerned a claim for compensation under the Workmen's Compensation Act, 1923 where the Commissioner awarded Rs 2,21,370 with interest at 12% per annum and held the insurer, National Insurance Co., liable for payment. The insurer contended that, in the absence of an express contractual …

THE DIRECTOR OF ENTRY TAX & ORS.versusSUNRISE TIMBER COMPANY

2008 INSC 1312Disposed off

Sunrise Timber Company imported timber into the Calcutta Metropolitan Area without paying entry tax and allegedly used forged documents, leading the Revenue to seize documents and collect tax. The company filed an application under Section 8 of the West Bengal Taxation Tribunal Act, 1987 seeking a …

HANUMAN PRASAD AND ORS.versusSTATE OF RAJASTHAN

2008 INSC 1315Appeal(s) allowed

The State of Rajasthan prosecuted eight accused for the rape of a school‑going girl, alleging that the accused had repeatedly abducted and assaulted her. While three of the accused were convicted at trial, the remaining five, including Hanuman Prasad, were acquitted. On appeal, the Rajasthan High …

M/S. ANDHRA AGENCIESversusSTATE OF A.P.

2008 INSC 1316Disposed off

The Supreme Court examined whether credit notes issued by liquor manufacturers to their distributors should be included in the distributors' taxable turnover under the Andhra Pradesh General Sales Tax Act, 1957. The distributors argued that the manufacturers had already paid tax on the full sale …

A. MAHARAJAversusSTATE OF TAMIL NADU

2008 INSC 1300Case Partly allowed

The deceased, Alagu Ambalam, was cutting trees when his son (the accused) confronted him over a land dispute. A verbal altercation escalated into a sudden fight during which the accused snatched the deceased’s aruval (machete) and struck him on the neck and shoulder, causing death. The trial court …

PREM NATH MOTORS LTD.versusANURAG MITTAL

2008 INSC 1302Appeal(s) allowed

An international car manufacturer entered into a joint venture with an Indian company that appointed Prem Nath Motors Ltd as its dealer. In response to advertisements, individuals applied for a Peugeot 309 car through Prem Nath Motors, paying a booking amount of Rs.25,000 in the name of the Indian …

THE GENERAL MANAGER, UNITED INSURANCE CO. LTD.versusM. LAXMI AND ORS.

2008 INSC 1303Disposed off

A scooter insured under a statutory (Act) policy met with an accident, resulting in the death of the pillion rider, a gratuitous passenger. The legal heirs of the deceased filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, against the insurer. The Additional Special …

VIVEKANAND SCHOOL THROUGH HEADMASTERversusPRESIDENT OF ZILA PANCHAYAT AND ORS.

2008 INSC 1304Case Partly allowed

The Vivekanand School challenged a tax demand made by the Zila Panchayat under Section 121 of the Uttar Pradesh and Uttaranchal (Kshetra Panchayat and Zila Panchayat) Adhiniyam, 1961, on the ground that the fees collected from students were being treated as taxable income. The school argued that it …

KOMALAM AMMAversusKUMARA PILLAI RAGHAVAN PILLAI AND ORS.

2008 INSC 1305Disposed off

The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and …

STATE OF U.P.versusILYAS

2008 INSC 1293Case Partly allowed

The State of Uttar Pradesh prosecuted Ilyas and a co-accused for robbery committed with a country-made pistol and knife, during which injuries were inflicted on victims. The trial court, relying on three eye‑witnesses and a test identification parade, convicted both under Section 397 of the Indian …

DASARI PEDA GONDIYYAversusSTATION HOUSE OFFICER, JANGREDDYGUDEM

2008 INSC 1294Dismissed

The appellant, who kept the deceased as his mistress, allegedly poured kerosene on her and set her alight, causing fatal burns. The prosecution relied on three dying declarations recorded by the deceased’s mother, a Mandal Revenue Officer and a Sub‑Inspector of Police, all of which consistently …

STATE OF TAMIL NADU & ANR.versusABDULLAH KADHER BATCHA & ANR.

2008 INSC 1291Case Partly allowed

The State of Tamil Nadu detained Abdullah Kadher Batcha under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 11 August 1999. The detenu filed a representation on 4 September 1999 requesting copies of documents that formed the basis of his …

S. RAGHU RAMAIAHversusSTATE OF ANDHRA PRADESH

2008 INSC 1295Appeal(s) allowed

The appellant, S. Raghu Ramaiah, a Junior Assistant in the Commissioner’s Endowments Office, was convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for receiving illegal gratification. He appealed the conviction before the Andhra Pradesh High Court (Criminal …

RAGHBIR SINGH AND ORS.versusSTATE OF HARYANA

2008 INSC 1296Disposed off

The appellants and a co‑accused were charged with offences including murder (s.302 IPC) arising from a violent dispute in which the deceased was attacked with lathis. The accused claimed they acted in private defence, asserting that the victim and his brother had assaulted them first. The Supreme …

M/S. INDIA CINE AGENCIESversusCOMMISSIONER OF INCOME TAX, MADRAS

2008 INSC 1297Appeal(s) allowed

MIS. India Cine Agencies appealed against the Commissioner of Income Tax, Madras, contending that the conversion of jumbo rolls of photographic film into smaller rolls constituted manufacture/production under Sections 32AB, 80HH and 80I of the Income Tax Act, 1961, and therefore qualified for a …

MAHMOOD RAJASA SAIYEDversusSTATE OF GUJARAT

2008 INSC 1284Dismissed

Mahmud Rajasa Saiyed was arrested in a POTA case for alleged offences under the IPC, Arms Act and POTA, and was found in possession of a country‑made revolver, a foreign‑made pistol and ten live cartridges recovered from a co‑accused. He applied for bail under Sections 49(6) and 49(7) of the …

GULAM MOHD. @ GULAL SHAIKHversusSTATE OF GUJARAT

2008 INSC 1285Dismissed

Gulam Mohd (Gulal Shaikh) was charged under several IPC, POTA and Arms Act provisions for alleged terrorist activities. He claimed that a confession recorded under Section 32 of the Prevention of Terrorism Act, 2002 was obtained while he was in illegal custody and later retracted it. He applied for …

HARYANA VIDYUT PARASARAN NIGAM LTD. & ORS.versusM/S. SUPER STAR GRIT UDYOG

2008 INSC 1286Appeal(s) allowed

The Haryana Vidyut Parishan Nigam Ltd. demanded a penalty of Rs. 11,37,222 from Super Star Grit Udyog for alleged theft of electricity. The consumer filed a suit for declaration and a permanent injunction, while the board raised a preliminary objection that the suit was not maintainable under the …

STATE OF HIMACHAL PRADESHversusPREM SINGH

2008 INSC 1287Case Partly allowed

The accused, a school teacher, was alleged to have sexually assaulted a student (PW‑1) and outraged the modesty of several other girls, and also threatened the victim. The trial court convicted him under IPC sections 376, 354 and 506. The High Court set aside the conviction, acquitting him on the …

STATE OF PUNJABversusCHATINDER PAL SINGH & ORS.

2008 INSC 1289Dismissed

The State of Punjab charged four accused with rape, kidnapping and related offences under IPC sections 376, 366, 363 and 308, relying primarily on two dying declarations of the victim, Kumari Poonam, and the statements of her brother and friend. Both eye‑witnesses later withdrew their earlier …

STATE OF M.P.versusSUGHAR SINGH. & ORS.

2008 INSC 1256Case Partly allowed

The State of Madhya Pradesh prosecuted Sugharsingh and others for attacking two men guarding their crops to prevent cattle from being taken to a pond, resulting in one death and injuries to the other. The trial court convicted the accused under Sections 302 read with 149, 324 read with 149, 148 and …

STATE OF U.P.versusMANOJ KUMAR PANDEY

2008 INSC 1257Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Manoj Kumar Pandey, who was charged under IPC sections 376 (rape) and 323 (voluntarily causing hurt). The trial court had acquitted him on the basis that the victim, being over 16 years old, was presumed to have consented, and the High Court …

RATAN KUMAR VISHWASversusSTATE OF U.P. & ANR.

2008 INSC 1258Dismissed

Ratan Kumar Vishwas was convicted under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for trafficking charas and sentenced to 14 years' rigorous imprisonment and a fine. He applied to the High Court for suspension of his sentence and bail under Section 37 of the …

RAGHAVENDRA SHARMAversusSTATE OF M.P.

2008 INSC 1259Dismissed

The appellant, Raghavendra Sharma, was convicted of murdering his wife Maya by suffocation. The trial court, relying on a post‑mortem report that showed asphyxia, swelling of the chest, and absence of food particles in the airway, found the death homicidal and rejected the defense expert’s claim of …

STATE OF PUNJABversusSUKHCHAIN SINGH & ANR.

2008 INSC 1260Dismissed

The State of Punjab appealed the trial court’s acquittal of Sukhchain Singh and others for murder and related offences, while an accused (Paramjit Singh) appealed his conviction. The Supreme Court examined the scope of appellate power under Section 378 of the Code of Criminal Procedure, 1973, which …

STATE OF HARYANAversusKRISHAN

2008 INSC 1280Dismissed

The appellant Krishan was convicted by a trial court for murder (IPC s.302) after allegedly delivering a lathi blow that caused the death of Chandgi Ram. The High Court acquitted him, holding that the FIR was lodged after an unreasonable delay and that the ocular evidence conflicted with the medical …

RAJMOHAN AGARWALversusAMNA ABUBAKAR & ANR.

2008 INSC 1262Disposed off

The appellants, Rajmohan Agarwal, filed a suit for specific performance of a contract of sale of land against the respondents, Amna Abubakar and others. The trial court dismissed the suit and the High Court affirmed that decree. The Supreme Court, after suggesting an amicable settlement, accepted a …

M/S. EICHER TRACTOR LTD. AND ORS.versusHARIHAR SINGH AND ANR.

2008 INSC 1268Dismissed

Eicher Tractor Ltd. and others filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by Harihar Singh under IPC sections 420, 468 and 471, alleging forgery. The petitioners argued that the complaint was a retaliatory "counter‑blast" to an …

SIEMENS PUBLIC COMMUNICATION NETWORKS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2008 INSC 1250Dismissed

The Union of India floated a tender for Digital Radio Trunking Systems for the Army, and three bidders, including Siemens, were shortlisted. After commercial bids were opened, Siemens claimed to be the lowest bidder but alleged that the Evaluation Committee artificially inflated its price by …

MD. SHAKEELversusSTATE POLICE THROUGH P.S. HANMAKONDA & ANR.

2008 INSC 1254Disposed off

MD Shakeel was convicted under IPC sections 304‑B and 498‑A and Section 4 of the Dowry Prohibition Act for the alleged dowry‑related death of his wife. The conviction was affirmed by the trial court and the first appellate court, while the co‑accused were acquitted. Shakeel filed a revision petition …

MOHD. AZAD @ SAMINversusSTATE OF WEST BENGAL

2008 INSC 1248Dismissed

The appellants were convicted for the murder of a young man whose body was found half‑dug in a cemetery after the accused allegedly scaled the wall, consumed wine and later assaulted a worker. The prosecution relied on extensive circumstantial evidence, including eyewitnesses who last saw the …

TEJINDER KAUR & ORS.versusLADY CONSTABLE RAJ KUMARI & ORS.

2008 INSC 1243Disposed off

Raj Kumari, a lady constable, failed to make the grade in a written test for a Lower School Training Course, while several other candidates were declared successful. She sought re‑evaluation of her answer script and, after the High Court ordered a re‑assessment, her marks remained unchanged. She …

STATE OF MAHARASHTRAversusARJUN

2008 INSC 1249Dismissed

The State of Maharashtra prosecuted Arjun (A-2) and another accused (A-1) under IPC sections 302/34 and 201/34 for the murder of Jagnandan Singh. The trial court convicted both based solely on five pieces of circumstantial evidence, including alleged purchase of rat poison, a gunny bag, ropes, and …

STATE OF PUNJABversusRAJINDER SINGH & ORS. ETC.

2008 INSC 1244Dismissed

The incident on 23 September 1996 involved a violent assault by several accused on the family of Surjit Kaur, resulting in the death of Jangir Singh. The trial court convicted multiple accused under sections 302, 364, 323, 149 and related provisions of the Indian Penal Code. On appeal, the Punjab …

MULA DEVI & ANR.versusST ATE OF UTTARAKHAND

2008 INSC 1242Appeal(s) allowed

Puola Devi, married to the son of Dayal Singh, lived with her mother‑in‑law Mula Devi and sister‑in‑law Rajmati and repeatedly complained of harassment and fear of being killed. She was found dead with asphyxia due to ante‑mortem strangulation and post‑mortem burns. The trial court convicted Dayal …

STATE OF KERALAversusORISON J FRANCIS & ANR.

2008 INSC 1235Appeal(s) allowed

A complaint under Sections 18(c) and 27(b)(ii) of the Drugs and Cosmetics Act, 1940 alleged that the accused were manufacturing, selling and storing drugs defined under Section 3(b) without a licence. The accused contended that the seized items were Ayurvedic drugs, governed by Section 3(a), and …

UNION OF INDIA AND ORS. ETC. ETC.versusM/S. KUNDAN RICE MILLS LTD.

2008 INSC 1230Disposed off

The Union of India and others filed a writ petition challenging the seizure of goods belonging to M/s Kundan Rice Mills Ltd., and the High Court, while hearing the interim application, passed a categorical finding that the goods were not liable to confiscation. The High Court also imposed conditions …

PARVINDERJIT SINGH AND ANR.versusSTATE (U.T. CHANDIGARH) AND ANR.

2008 INSC 1232Disposed off

The appellants, employees of Citibank/CWA, were implicated in an FIR alleging fraud under Sections 406, 420 and 120B IPC. They sought quashing of the FIR and anticipatory bail under Section 438 of the Cr.P.C., arguing that the allegations were civil in nature and that they would cooperate with the …

M/S. M.M.T.C. LIMITEDversusCOMMISSIONER OF COMMERCIAL TAX & ORS.

2008 INSC 1229Appeal(s) allowed

M.M.T.C. Limited appealed to the Supreme Court against a judgment of a Single Judge of the Madhya Pradesh High Court who had exercised supervisory jurisdiction under Article 227 of the Constitution. The issue was whether a Letters Patent Appeal (LPA) could be filed against such an order, especially …

SMT. SHAMSHAD BEGUMversusB. MOHAMMED

2008 INSC 1233Dismissed

The appellant, accused of an offence under Section 138 of the Negotiable Instruments Act, filed a petition under Section 482 of the CrPC seeking to quash proceedings in the Mangalore court, arguing that the court lacked jurisdiction because the constituent acts of the offence occurred in different …

M/S KANPUR EDIBLES PVT. LTD.versusCOMMISSIONER, TRADE TAX, U.P.

2008 INSC 1223Appeal(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 …

GAJRAJ YADAVversusRAJENDRA SINGH @ DEENA & ORS.

2008 INSC 1226Appeal(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 …

ARJUN SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 1208Appeal(s) allowed

Six persons were charged with offences under Sections 452, 323 read with 34, and 376(2)(g) of the Indian Penal Code for abducting and raping a woman. The prosecutrix identified some of the accused by hearing them address each other by names, but the appellant, Arjun Singh, was not apprehended at the …

SONU KUMARversusSTATE OF H.P.

2008 INSC 1209Appeal(s) allowed

The appellant, Sonu Kumar, was one of six accused charged under IPC sections 452, 323 r/w 34, 376(2)(g) and SC/ST Act section 3(x) for the alleged rape of a woman belonging to a Scheduled Caste. The prosecution’s case relied on the victim’s testimony that the accused were addressing each other by …

BAL KISHANversusSTATE. OF HIMACHAL PRADESH

2008 INSC 1210Appeal(s) allowed

The prosecution alleged that Bal Kishan, along with others, forcibly dragged the prosecutrix to a forest and raped her. The trial court convicted the accused based on the testimonies of the prosecutrix, her son and an elderly neighbour, despite finding that the test identification parade conducted …

GOVERDHAN DASS BANSALversusSTATE (DELHI ADMINISTRATION) TH. SECRETARY

2008 INSC 1204Disposed off

The appellant, Goverdhan Dass Bansal, challenged a criminal conviction under the Food Adulteration Act, 1948, by filing a revision before the Delhi High Court. The High Court admitted the revision petition and disposed of it on the same day by issuing a cryptic, non‑reasoned order. The appellant …

SUDHEER SINGH @ SUDHEERversusSTATE OF A.P.

2008 INSC 1205Disposed off

The appellant Sudheer Singh was tried along with four others for robbery, murder and attempted murder. The trial court convicted him under IPC sections 394 and 302 read with 34, and sentenced him to rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction under section 394 but …

STATE OF U.P.versusCHANDRAPAL & ANR.

2008 INSC 1206Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Chandrapal and Jagannath, who had been convicted by the trial court for murder under IPC s.302 and s.302 r/w s.34. The High Court set aside the convictions, holding that the medical evidence on the victim's injuries …

RAMACHAMIversusSTATE REP. BY STATE PROSECUTOR

2008 INSC 1207Case Partly allowed

Ramachamy was convicted by the trial court for murder (Sec. 302 IPC) and dacoity (Sec. 392 IPC) based solely on circumstantial evidence linking him to the deceased Kuttappan in a hotel where both were alone on the night of the incident. The High Court upheld the convictions. On appeal, the Supreme …

OKHLA ENCLAVE PLOT HOLDERS WELFARE ASSOCIATIONversusUNION OF INDIA AND ORS.

2008 INSC 1199Hearing Adjourned

The Supreme Court had earlier ordered the builder (colonizer) of the Okhla Enclave residential colony to hand over possession of plots to the allottees. Subsequently, the Deputy Commissioner discovered that the builder did not own the entire land and appointed an Inquiry Officer, whose report was …

RAVEENDRAN K & ANR,versusEXCISE INSPECTOR VADAKARA & ANR.

2008 INSC 1198Dismissed

The appellants, licensees of arrack shops, were convicted under Section 57A(iii) of the Kerala Abkari Act, 1967 for selling liquor adulterated with methanol. Samples taken from their godowns revealed the presence of the noxious substance, and the prosecution argued that the licencees had either …

LOKESH SINGHversusSTATE OF U.P. & ANR.

2008 INSC 1201Appeal(s) allowed

The case involved the murder of Chandra Pal Singh, for which respondent No.2 was alleged to have conspired with S.B. Singh to hire shooters. The trial court denied bail, but the Allahabad High Court granted bail, reasoning that the prosecution case was weak and that key statements were recorded only …

STATE BY INSPECTOR OF POLICE, T. NADUversusRAKIAPPAN AND ORS.

2008 INSC 1191Appeal(s) allowed

The State prosecuted Rakiappan and others for the homicidal death of two persons, relying on the testimony of PW2, a 12‑year‑old child who was injured during the incident. PW2 regained consciousness and gave a statement to the investigating officer on 13 December 1995, which the trial court …

STATE OF PUNJABversusGURDIP KAUR

2008 INSC 1192Dismissed

The State of Punjab appealed the acquittal of Gurdip Kaur and co‑accused by the Punjab and Haryana High Court. The trial court had convicted them under IPC s.302 read with s.34 for murder. The High Court set aside the convictions, citing a substantial delay in lodging the FIR, an unexplained delay …

STATE OF GOAversusSUBHASH GHOGLE

2008 INSC 1193Dismissed

The State of Goa charged Subhash Ghogle with murder under Section 302 IPC for allegedly strangling Bendita Parriera on 4 January 1999. The trial court convicted him based on a series of circumstantial facts, including alleged motive, presence at the scene, noises of a quarrel, and forensic evidence, …

STATE OF PUNJABversusAVTAR SINGH

2008 INSC 1194Dismissed

The trial court convicted the accused under Section 302 read with Section 34 of the IPC for murder. The Punjab and Haryana High Court set aside the conviction, acquitting the accused on the basis of a substantial delay in lodging the FIR, a further delay in forwarding the report to the Elaka …

M. DHANDAPANIversusR. MUTHU NALIAPPAN & ORS.

2008 INSC 1195Dismissed

The appellant, a shopkeeper, alleged that police officers assaulted him on 18 February 1997 for keeping his shop open past the prescribed closing time. He claimed the officers questioned him, were dissatisfied with his explanation, and then forcibly placed him in a jeep and beat him. The trial …

ASHOK KUMAR MONDALversusSAMIR KUMAR MONDAL & ANR.

2008 INSC 1196Dismissed

The deceased was allegedly struck on the head with a crowbar by his brother during a domestic altercation, leading to his death. The trial court convicted the brother under Section 304 Part‑II of the IPC. On appeal, the Calcutta High Court acquitted him, holding that the eyewitness testimonies were …

ASRAF SK AND ANR.versusSTATE OF WEST BENGAL

2008 INSC 1181Appeal(s) allowed

The appellants Asraf SK and another were convicted by the trial court and the Calcutta High Court for murder of the father of two witnesses under IPC s.302 read with s.34, based primarily on the testimony of the victims' daughters (PW‑1 and PW‑2) and other circumstantial evidence. The Supreme Court …

STATE OF ANDHRA PRADESHversusBAJJOORI KANTHAIAH AND ANR.

2008 INSC 1187Appeal(s) allowed

The Prohibition and Excise officers filed FIRs alleging that the accused were transporting or storing black jaggery/molasses for the purpose of manufacturing illicit distilled liquor, offences punishable under the Andhra Pradesh Excise Act, 1968 and the Andhra Pradesh Prohibition Act, 1995. The …

M/S NAGARJUNA CONSTRUCTION CO. LTD.versusGOVT. OF ANDHRA PRADESH AND ORS.

2008 INSC 1189Appeal(s) allowed

The appellants, construction firms, challenged a revisional order issued by the Andhra Pradesh Government that imposed a seigniorage fee on earth material used in a contract, alleging that the order was passed without notice and on the basis of inspection reports and material not supplied to them. …

STATE OF PUNJABversusGURDEV SINGH & ORS.

2008 INSC 1173Dismissed

The State of Punjab charged six accused with murder under IPC s.302 read with s.34, alleging that after a jeep deliberately struck the deceased's scooter, the accused assaulted him with rods and hockey sticks, leading to his death after 55 days. The trial court convicted four of the accused, but the …

COMMISSIONER OF INCOME TAX, RAJKOTversusM/S GUJARAT SIDDHI CEMENT LTD.

2008 INSC 1174Disposed off

The Commissioner of Income Tax, Rajkot appealed against M/s Gujarat Siddhi Cement Ltd.'s claim of an investment allowance for additional costs incurred on plant and machinery due to foreign exchange rate fluctuations for the assessment year 1993-94. The assessing officer disallowed the claim, …

STATE OF RAJASTHANversusNARAYAN

2008 INSC 1175Dismissed

The State of Rajasthan charged Narayan with murdering his wife, alleging he killed her because she was pregnant by another man. Both were found with cut throats, Narayan alive, and the weapon was discovered under the wife's clothing. The trial court convicted him under IPC sections 302, 316 and 309, …

VIRENDRA @ BUDDHU & ANR.versusSTATE OF U.P.

2008 INSC 1176Dismissed

The case involves the murder of Rameshwar Dayal on 5 October 1979, for which three men—Virendra (Buddhu), Ram Asrey (Tami) and Girish Chandra (Gappu)—were charged under Sections 302, 34 and 307 of the IPC. The deceased's wife (PW‑1) and daughter (PW‑2, a 14‑year‑old girl) were eye‑witnesses and …

KAPIL DEO SINHAversusKIRANDEO PRASAD & ANR.

2008 INSC 1177Dismissed

The incident occurred on 25 March 1978 when six accused, including Kirandeo Prasad, attacked a group in a dalan, resulting in the death of Sukhu Mahton. The trial court convicted Kirandeo Prasad under Section 302 IPC and sentenced him to life imprisonment, acquitting the other five accused. On …

N. NAVEEN KUMAR AND ORS.versusSTATE OF A.P.

2008 INSC 1178Dismissed

The accused, a government servant, was convicted under Section 5(1)(e) and 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. The trial court sentenced him to one year imprisonment, imposed a fine, and ordered that four specified assets be …

N. RAMAKRISHNAIAH (DEAD) THR. LRS.versusSTATE OF A.P.

2008 INSC 1179Dismissed

The appellant, a former Executive Engineer in the Andhra Pradesh Panchayat Raj Department, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to one …

STATE OF PUNJABversusBAKHSHISH SINGH & ORS.

2008 INSC 1180Dismissed

The State of Punjab prosecuted four accused—Bakhshish Singh, Balbir Singh, Balraj Singh and Gurmeet Kaur—for the death of Mangal Singh. The prosecution alleged that the accused, after a quarrel, held the deceased while Balraj Singh delivered a single blow that caused fatal head injuries. The trial …

STATE OF M.PversusMAKHAN @ MADAN & ORS.

2008 INSC 1159Dismissed

The State of Madhya Pradesh charged Makhan (Madam) and others with murder under Sections 148, 302 read with 149 of the IPC, alleging they assaulted the deceased with sticks and rods, leading to his death. The trial court convicted them, but the Madhya Pradesh High Court acquitted them, discarding …

RENU KUNTA MALLAIAHversusSTATE OF A.P.

2008 INSC 1160Appeal(s) allowed

The appellant, a driver of an APSRTC bus, was convicted under Section 304-A of the Indian Penal Code for allegedly driving rashly and fatally striking a boy on 9 November 1994. The prosecution's case relied on the testimony of three eyewitnesses (PW‑4, PW‑5, and PW‑11) who gave conflicting accounts …

SMT. RACHNAversusJAYESH

2008 INSC 1161Disposed off

Smt. Rachna filed a transfer petition before the Supreme Court seeking transfer of several pending civil and criminal matrimonial cases to the Supreme Court Lok Adalat. The matters were listed before the Lok Adalat on 5 September 2008, where mediation led to a comprehensive settlement covering …

SAIRA @ RUHIversusATHAR ABBAS

2008 INSC 1162Disposed off

In Transfer Petition (C) No. 25 of 2008, Saira sought transfer of a matrimonial dispute involving criminal and civil proceedings against Athar Abbas. The Supreme Court directed the matter to be listed before its Lok Adalat, where mediators facilitated a settlement. The parties agreed to withdraw all …

SMT SEEMA BANSALversusDR. MAYANK BANSAL

2008 INSC 1163Disposed off

The Supreme Court, sitting as a Lok Adalat, facilitated a settlement between Seema Bansal and Mayank Bansal concerning their matrimonial dispute. The parties agreed that the father would pay Rs.10 lakh for the maintenance of their daughter in four instalments, keep the amount in a fixed deposit, and …

SUNILversusSTATE OF MAHARASHTRA

2008 INSC 1165Appeal(s) allowed

The appellant Sunil, originally accused No.6, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 149 of the Indian Penal Code, along with several other offences, based primarily on the testimony of two eyewitnesses. The prosecution alleged that …

STATE OF M.P.versusWAZIR KHAN & ANR.

2008 INSC 1158Dismissed

The State of Madhya Pradesh charged Wazir Khan and another accused with murder under Section 302 read with Section 34 of the IPC for allegedly throwing a petrol bomb at the deceased. The trial court convicted them, but the High Court acquitted, holding that the medical evidence did not support the …

THE SUPERINTENDENT, NARCOTIC CONTROL BUREAUversusPARASH SINGH

2008 INSC 1153Dismissed

A complaint was lodged under Section 8 of the NDPS Act, 1985 alleging an offence punishable under Section 20(b)(i). While the case was pending, the NDPS (Amendment) Act, 2001 altered the punishment provisions in Section 20, introducing a new sub‑clause (ii)(c) with higher penalties. The trial court …

MUKUL MAHTO AND ORS.versusSTATE OF JHARKHAND AND ANR.

2008 INSC 1154Dismissed

The appellants were charged with assaulting the deceased with a lathi and an axe, which resulted in his death, and also assaulting three other villagers who came to his aid. The trial court acquitted them on the ground that the eye‑witnesses were relatives of the deceased and that the medical …

UNION OF INDIAversusBALI RAMU PAWAR & ORS.

2008 INSC 1155Disposed off

The Union of India appealed the trial court's acquittal of accused Nos. 5‑9 and the acquittal of accused Nos. 1‑4 under Section 1208 IPC in a case of election‑related violence in Dadra and Nagar Haveli. The trial court had convicted accused Nos. 1‑4 on several offences but acquitted them on the …

UNION OF INDIA AND ORS.versusRAM KUMAR THAKUR

2008 INSC 1156Appeal(s) allowed

The Union of India and others appealed a single High Court judge's order that reinstated an employee, Ram Kumar Thakur, while simultaneously complying with that order by reinstating him. The Division Bench of the Jammu & Kashmir High Court dismissed the writ appeal as infructuous on the ground that …

STATE OF HARYANAversusSHER SINGH

2008 INSC 1152Dismissed

The State of Haryana charged Sher Singh with rash driving and causing death by negligence under IPC sections 279 and 304A after a bus he was alleged to be driving struck a pedestrian who later gave a dying declaration. The trial court and the first appellate court convicted him, but the Punjab & …

UNION OF INDIA & ANR.versusG. RAJANNA & ORS.

2008 INSC 1150Dismissed

The employees sought in‑situ promotion to a higher pay scale under the career‑advancement scheme, but the Central Administrative Tribunal rejected their claim on the ground that they lacked the matriculation qualification prescribed in the Cadre and Recruitment Rules. The Karnataka High Court …

STATE REP. BY INSPECTOR OF POLICEversusSARAVANAN & ANR.

2008 INSC 1148Case Partly allowed

The case arose from a dispute over mango trees that escalated into a violent altercation on 1 June 1991, during which the accused brothers assaulted several persons, causing the death of the deceased Murugesan and injuries to three eye‑witnesses who were relatives of the deceased. The trial court …

NAGAR PALIKA NIGAMversusKRISHI UPAJ MANDI SAMITI AND ORS.

2008 INSC 1145Disposed off

The Municipal Corporation of Ratlam appealed against a High Court order that it could not levy property tax on a building and superstructure erected by the Krishi Upaj Mandi Samiti within a market yard located in the corporation's area. The dispute turned on the proviso to Section 9(3) of the Madhya …

MAHINDRA MULJI KERAI PATELversusSTATE OF GUJARAT

2008 INSC 1149Disposed off

The appellant Mahindra Mulji Kerai Patel, aged 19, killed the grandmother of a girl and injured the girl's mother after they rejected his marriage proposal. He was initially convicted by the trial court under sections 324 and 452 of the IPC. The State appealed, and the Gujarat High Court substituted …

ARUMUGAMversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1134Case Partly allowed

A dispute over panchayat elections led Arumugam (A‑1), Shanmugavel (A‑2) and Subbiah (A‑3) to attack their brother Vairamuthu with a spike, an aruval and a stick, causing his death. The trial court convicted A‑1 under s.302 IPC and the High Court upheld the conviction. On appeal, the accused argued …

SIDDHAPAL KAMALA YADAVversusSTATE OF MAHARASHTRA

2008 INSC 1135Disposed off

The appellant, Sidhapal Kamala Yadav, a prisoner, was convicted of murdering co‑prisoner Dilip Sitaram Chaudhary in a hospital ward. He pleaded the defence of unsoundness of mind under Section 84 of the Indian Penal Code, claiming he was incapable of knowing the nature of his act. Two psychiatrists …

BUR SINGH AND ANR.versusSTATE OF PUNJAB

2008 INSC 1136Dismissed

The appellants Bur Singh and others were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Surjan Singh. The prosecution relied on the testimony of two eye‑witnesses who were relatives of the deceased. The appellants argued that the witnesses were interested …

HANUMAN RAMversusTHE STATE OF RAJASTHAN AND ORS.

2008 INSC 1137Appeal(s) allowed

The accused (respondents 2 and 3) were tried for offences under Sections 147, 452, 364, 302/149 and 201/149 of the IPC. Two prosecution witnesses, PW‑3 (Bhopalaram) and PW‑5 (Nandaram), had been examined and cross‑examined in the trial court and later again as witnesses before a Juvenile Court, …

RAM SINGHversusSTATE OF MADHYA PRADESH

2008 INSC 1138Dismissed

Ram Singh and an accomplice were convicted of murder, house‑trespass and intimidation under Sections 302, 452 and 504 of the IPC after the deceased’s wife and son testified that the accused stabbed the victim inside his house. The appellants challenged the conviction on the ground that the …

DHARAM SINGHversusKARNAIL SINGH AND ORS.

2008 INSC 1139Disposed off

Dharam Singh filed a suit seeking a declaration of ownership of a property and restraining the defendants from transferring it. The trial court and the first appellate court decreed in his favour, but the High Court, on a second appeal filed by the defendants under Section 100 of the Code of Civil …

THE COMMISSIONER OF INCOME TAX-KOLHAPURversusTHE RATNAKAR BANK LTD.

2008 INSC 1140Disposed off

The Revenue appealed against the Bombay High Court's order upholding the Income Tax Appellate Tribunal's view that interest earned by Ratnakar Bank Ltd. on government securities was not chargeable to tax under Section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether such …

THE COMMISSIONER OF INCOME TAX, KOLHAPURversusICICI BANK LTD.

2008 INSC 1141Disposed off

The Revenue appealed against the Bombay High Court’s order upholding the Tribunal’s view that interest earned by ICICI Bank on government securities was not taxable under section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether the interest in question fell within the …

THE COMMISSIONER OF INCOME TAX, II, TIRUCHIRAPALLIversusCITY UNION BANK LTD.

2008 INSC 1143Disposed off

The Supreme Court examined an appeal by the Commissioner of Income Tax challenging the High Court's affirmation that interest earned by City Union Bank on government securities was not assessable under section 2(7) of the Interest Tax Act, 1974. The Tribunal and the High Court had held the interest …

SANGHI BROTHERS (INDORE) PVT. LTD.versusSANJAY CHOUDHARY AND ORS.

2008 INSC 1126Appeal(s) allowed

Sanghi Brothers (Indore) Pvt Ltd filed a complaint alleging that the directors of Chetak Construction Ltd had taken vehicles on lease and later sold eight of them, constituting cheating and criminal breach of trust under IPC sections 420 and 406 read with section 34. The trial magistrate framed …

STATE OF A.P.versusP. SATYANARAYANA MURTHY

2008 INSC 1120Case Partly allowed

The respondent, a Development Officer of the Andhra Pradesh Khadi and Village Industries Board, was caught demanding and receiving a Rs.500 bribe from a loan applicant (PW‑1) to revive a lapsed loan. The trial court convicted him under Sections 13(2) and 13(1)(d)(i) of the Prevention of Corruption …

STATE OF U.PversusRAM BALAK AND ANR.

2008 INSC 1127Dismissed

The State of Uttar Pradesh charged Ram Balak and another with the rape and murder of a 14‑year‑old girl, invoking IPC sections 376, 302 and 201. The trial court convicted them on the basis of five circumstantial points, including a dog‑tracking lead and an alleged extra‑judicial confession, and …

RAJESH KUMARversusSTATE OF H.P.

2008 INSC 1128Case Partly allowed

The appellant Rajesh Kumar and his brother Surjit Singh attacked the deceased Ravinder Kumar; Surjit inflicted a fatal head wound with a drat while Rajesh struck non‑vital parts with a danda. After the assault, a witness seized the danda from Rajesh and threw it away, and Rajesh fled without picking …

STATE, REPRESENTED BY INSPECTOR OF POLICE, TAMILNADUversusSAIT & KRISHNAKUMAR

2008 INSC 1112Dismissed

The State appealed the acquittal of Sait & Krishnakumar, who had been convicted by a Sessions Court of murder (IPC s.302) and robbery (IPC s.392 r/w s.397) based on the testimony of prosecution witnesses PW‑1 to PW‑3 and PW‑8. The High Court set aside the conviction, holding that PW‑1, PW‑2 and PW‑3 …

MUBARIK KHANversusNABABKHA @ NAWAB AND ORS.

2008 INSC 1114Dismissed

The High Court of Madhya Pradesh acquitted the accused, Mubarik Khan, on the basis that the sole eyewitness (PW5) was unreliable and that there was a considerable delay in forwarding the FIR to the magistrate. The State appealed to the Supreme Court under Article 136, challenging the acquittal. The …

INSPECTOR OF POLICE, T.N.versusPALANISAMY @ SELVAN

2008 INSC 1115Dismissed

The Sessions Judge convicted Palanisamy (Selvan) for murder under s.302 IPC based on two pieces of circumstantial evidence: witnesses 1 and 2 who claimed to have seen the deceased with the accused at 11 p.m. on a dark night, and an alleged extra‑judicial confession made to the village head (PW‑3) on …

MURUGAN AND ANR.versusSTATE REP. BY PUBLIC PROSECUTOR, MADRAS, TAMIL NADU ANR.

2008 INSC 1107Dismissed

The appellants were convicted under IPC s.307 for a violent assault on two witnesses, after the trial court had acquitted them. The State appealed the acquittal under CrPC s.378, and the Madras High Court set aside the acquittal, finding the trial court's reasons untenable. The appellants contended …

RESERVE BANK OF INDIA & ANR.versusSTATE REP. BY M.R. BHAVSAR, BOMBAY

2008 INSC 1109Appeal(s) allowed

The Labour Enforcement Officer issued a show‑cause notice under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, alleging that the Reserve Bank of India’s College of Agricultural Banking had violated the Act. The principal of the college filed an application to quash the …

STATE OF KERALA & ANR.versusPROF. D. GOPALAKRISHNA PILLAI & ORS.

2008 INSC 1110Disposed off

The State of Kerala appealed against a Division Bench judgment of the Kerala High Court that dismissed its writ petition. The High Court had relied on a Full Bench decision in Accountant General v. Kunjamma, despite a stay order in that case before this Court. The appellant argued that the High …

BALWANT SINGH AND ORS.versusSTATE OF H.P.

2008 INSC 1100Disposed off

The Supreme Court examined an appeal by Balwant Singh and others against their convictions under Sections 498A, 304B and 306 of the IPC for the death of Renu Bala. The Court clarified that Sections 304B (dowry death) and 498A (cruelty) are distinct offences; cruelty as defined in the Explanation to …

STATE OF HIMACHAL PRADESHversusMANOJ KUMAR @ CHHOTU

2008 INSC 1101Case Partly allowed

The State of Himachal Pradesh appealed the acquittal of Manoj Kumar, who was charged with rape, assault and criminal intimidation under Sections 376, 506 and 511 IPC. The trial court acquitted him on the basis of benefit of doubt, but the State sought leave to appeal under Section 378(3) of the …

BABY MANJI YAMADAversusUNION OF INDIA & ANR.

2008 INSC 1102Disposed off

The Supreme Court considered a writ petition filed by the grandmother of a surrogate child, Baby Manji Yamada, challenging directions of the Rajasthan High Court that dealt with the custody and production of the child. The child was born to a surrogate mother in Gujarat to Japanese biological …

STATE OF PUNJAB AND ANR.versusASHWANI KUMAR AND ORS.

2008 INSC 1103Appeal(s) allowed

The Supreme Court considered an appeal by the State of Punjab against a Punjab and Haryana High Court decision that had held ad‑hoc service of clerks should be counted for seniority. The respondents had been initially appointed on an ad‑hoc basis between 1978‑1987 and later regularized. The issue …

UNION OF INDIA AND ORS.versusM/S DHARAMENDRA TEXTILE PROCESSORS AND ORS.

2008 INSC 1098Disposed off

The Supreme Court examined whether Section 11AC of the Central Excise Act, 1944 imposes a mandatory penalty for short levy or non‑levy of duty and whether mens rea is an essential element. The Court held that the provision creates a civil liability for breach of a statutory obligation and the …

BUDHI LALversusSTATE OF UTTARAKHAND

2008 INSC 1092Case 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 …

BIHARI RAIversusSTATE OF BIHAR (NOW JHARKHAND)

2008 INSC 1093Dismissed

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 …

ASLAM @ DEEWANversusSTATE OF RAJASTHAN

2008 INSC 1088Dismissed

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 …

STEEL AUTHORITY OF INDIA LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.

2008 INSC 1091Appeal(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 …

STATE OF U.P.versusMUTAHIR MIAN

2008 INSC 1089Dismissed

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 …

STATE OF A.P.versusGUVVA SATYANARAYANA

2008 INSC 1084Dismissed

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) …

MAN SINGH & ANR.versusSTATE OF M.P.

2008 INSC 1085Appeal(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, …

SHAHU SHIKSHAN PRASARAK MANDAL AND ANR.versusLATA P. KORE & ORS.

2008 INSC 1073Appeal(s) allowed

Shahu Shikshan Prasarak Mandal & Anr. filed a writ petition under Article 226 of the Constitution challenging an order of an industrial tribunal, alleging arbitrariness, unreasonableness and perversity. The Bombay High Court Single Judge dismissed the petition as non‑maintainable, and the Division …

KETANKUMAR BABULAL PATELversusKESARBEN JESANGJI AND ORS.

2008 INSC 1074Disposed off

A complaint alleging that police refused to register an earlier FIR was filed before a Judicial Magistrate who ordered an inquiry under Section 202 of the Cr.P.C. The Gujarat High Court set aside that order and directed an inquiry under Section 156(3) Cr.P.C. The appellants challenged the High …

PREMIYA @ PREM PRAKASHversusSTATE OF RAJASTHAN

2008 INSC 1067Appeal(s) allowed

The appellant Premia @ Prem Prakash was convicted of rape under Section 376 IPC and sentenced to seven years by the trial court, a decision upheld by the Rajasthan High Court. On appeal, the Supreme Court examined the evidence, noting that the victim described only "fondling" with no injury to her …

BASAVARAJA & ORS.versusSTATE OF KARNATAKA

2008 INSC 1066Appeal(s) allowed

The appellants, a family of five, were charged under Sections 302 and 34 of the IPC for allegedly pouring kerosene on the wife of one of them, setting her on fire and causing her death. The trial court acquitted them, finding the post‑mortem report of Dr PW‑7 showed death by asphyxia due to …

UNION OF INDIAversusY.S. SADHU, EX-INSPECTOR

2008 INSC 1068Case Partly allowed

Y.S. Sadhu, an ex‑Inspector, was dismissed on the basis of an enquiry report. The Gauhati High Court reinstated him without back wages, holding that the enquiry report had not been produced for cross‑examination. On appeal, the Supreme Court held that when an enquiry report is not furnished to the …

STATE OF PUNJABversusKARNAIL SINGH

2008 INSC 1070Appeal(s) allowed

The respondent, Karnail Singh, was a Manager of the Punjab Agricultural Development Bank, a co‑operative bank. The trial court framed charges against him under sections 7 and 13(2) of the Prevention of Corruption Act, 1988, alleging he was a "public servant". He filed a criminal revision petition, …

DAULATRAM S/O SADRAM TELIversusSTATE OF CHHATTISGARH

2008 INSC 1063Dismissed

The appellant Daulatram was convicted of murder under Section 302 IPC and the SC/ST (Atrocities) Act, while a co-accused was acquitted. The prosecution relied on the testimony of two relatives of the deceased (PW‑3 and PW‑5) as eye‑witnesses. The appellant challenged the conviction on the ground …

UNION OF INDIAversusK.H. SRINIVASAN & ORS.

2008 INSC 1064Appeal(s) allowed

The Union of India appealed a Karnataka High Court order that directed the appointment of B. Kamalanabhan to the Indian Police Service (IPS) against a vacancy that arose in 1998, effective from 18‑01‑2000. The High Court had relied on the Supreme Court’s decisions in Syed Khalid and Vipinchandra …

BALMIKI SINGHversusRAM CHANDER SINGH AND ORS.

2008 INSC 1055Dismissed

The informant, Balmiki Singh, alleged that on 11 August 1992 he was shot by Ram Chander Singh and others, resulting in injuries to his chest. The FIR was lodged two days later on 13 August 1992, and the investigating officer was not examined during trial. The trial court convicted the accused under …

STATE REP. BY INSPECTOR OF POLICE, TIRUCHYversusRETTAIMANDAIYAN @ MURUGAN

2008 INSC 1056Appeal(s) allowed

The case arose from the murder of Mathappan after a quarrel, where several accused were alleged to have attacked him and his family. The trial court convicted the accused based on the testimony of two eye‑witnesses (the deceased’s wife and daughter) and a dying declaration recorded by a …

NATIONAL INSURANCE CO. LTD.versusVIDHYADHAR MAHARIWALA & ORS.

2008 INSC 1052Appeal(s) allowed

The case concerned a motor accident on 11 June 2004 in which the driver’s licence had lapsed at the time of the crash. The Motor Accident Claims Tribunal awarded Rs.4,03,650 to the claimant, but the insurer, National Insurance Co., refused to pay, arguing that the driver was not holding a valid …

LAKHWANT SINGHversusJASBIR SINGH AND ORS.

2008 INSC 1046Appeal(s) allowed

The respondents were charged with theft for allegedly taking possession of a complainant's land while executing a warrant of possession. They filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the FIR. The Punjab and Haryana High Court, without …

STATE BY INSPECTOR OF POLICE, TAMILNADUversusN. RAJAMANICKAM AND ORS.

2008 INSC 1050Dismissed

The State appealed a Madras High Court judgment that acquitted several accused in a murder case and dismissed a revision petition filed by the informant. The trial court had convicted six of the sixteen accused, but the High Court set aside those convictions, citing a delayed receipt of the FIR and …

LALLIRAM AND ANR.versusSTATE OF M.P.

2008 INSC 1035Appeal(s) allowed

The appellants were charged with kidnapping, wrongful confinement and repeated rape of the prosecutrix on the night of 23 September 1985. The prosecutrix alleged that she was dragged, repeatedly raped by several accused and released the next morning, while her husband was beaten and locked in a …

MARANADU AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2008 INSC 1034Dismissed

The case involved six accused who, armed with weapons and bombs, formed an unlawful assembly and murdered Sundaram. The trial court convicted them under Sections 147, 148, 149, 302, 307 IPC and Section 9(b)(1)(b) of the Indian Explosives Act, relying heavily on the testimony of two eyewitnesses who …

UNION OF INDIA & ANR.versusSHREEJI COLOUR CHEM INDUSTRIES

2008 INSC 1041Case Partly allowed

Shreeji Colour Chem Industries sought a refund of excise duty under the Central Excise Act, 1944, which was repeatedly rejected before being allowed by the Customs Excise and Gold Control Appellate Tribunal. The assessee then applied for statutory interest on the delayed refund, and the Gujarat High …

THE COLLECTOR, LAND ACQUISITION AND ANR.versusJASWANT SINGH AND ORS.

2008 INSC 1043Appeal(s) allowed

The Collector, Land Acquisition & Anr. appealed a High Court order that dismissed a revision petition challenging an executing court's award of interest on solatium to land owners. The petitioners argued that the reference court had categorically held that no interest was payable on solatium, so the …