STATE OF MAHARASHTRAversusGUNTABAI @ BHAGIRATHAIBAI & ORS.
2009 INSC 56821 April 2009Appeal(s) allowed
The State of Maharashtra appealed the acquittal of Guntabai @ Bhagirathabai and two others for murder (Sec. 302 IPC) and dowry death (Sec. 498A read with Sec. 34 IPC). The trial court had rejected the victim's dying declaration because no doctor’s certificate confirmed her consciousness, relying on Paparambaka Rosamma …
STATE OF M.P.versusLAAKHAN @ LAKHAN
2009 INSC 56921 April 2009Appeal(s) allowed
The State of Madhya Pradesh appealed a High Court order acquitting Lakhhan, who had been convicted by a trial court for the murder of a nine‑month‑old child under Section 302 read with Section 34 of the IPC. The trial court relied on the testimony of an informant (PW‑1), deeming it cogent and credible. The High Court s…
STATE OF RAJASTHANversusSHANTI
2009 INSC 57021 April 2009Dismissed
The State of Rajasthan charged Shanti and her family with offences under the NDPS Act for possession and sale of opium. Police, acting on a tip, stopped Shanti, seized 10 kg of opium from her bag and later recovered another 20 kg from her residence, also arresting her husband Shankar Lal. The trial court found violatio…
AHMADASAHAB ABDUL MULLA (D) BY PROPOSED LRS.versusBIBIJAN & ORS.
2008 INSC 50121 April 2008Matter referred to larger bench
The respondents filed a suit for specific performance of an agreement of sale, which the trial court decreed in their favour. The first appellate court dismissed the decree on the ground of limitation, holding that the pendency of a separate suit filed by the defendant's wife and children did not suspend the limitation…
WAHEED BAIGversusSANGI LAKSHMAMMA & ORS.
2008 INSC 50221 April 2008Case Partly allowed
The plaintiff sought specific performance of an agreement of sale of a house that had been allotted to the defendant under a subsidised industrial housing scheme. The defendant was merely a lessee and had no title to sell the property, which vested in the Government. The trial court decreed specific performance; the fi…
POONAM KUMARIversusJAI PRAKASH PANDEY & ORS.
2008 INSC 50321 April 2008Disposed off
The appellant, Poonam Kumari, was selected as a dealer for an Indian Oil Corporation (IOC) petrol pump and began operations after receiving a Letter of Intent. A writ petition filed by another applicant challenged the Dealer Selection Board's (DSB) selection, and the High Court quashed the DSB's decision without giving…
OMA RAMversusSTATE OF RAJASTHAN AND ORS.
2008 INSC 50421 April 2008Dismissed
The appellants challenged the constitutional validity of Sections 54A, 69(4)‑(9) and 98 inserted by amendment to the Rajasthan Excise Act, 1950, alleging that they usurped the jurisdiction of criminal courts, removed the remedy of judicial review and violated Articles 14, 19, 20, 21, 301 and 254 of the Constitution. Th…
HARIDAS DASversusSMT. USHA RANI BANIK AND ORS.
2006 INSC 15921 March 2006Appeal(s) allowed
Haridas Das entered into an oral agreement in 1982 to purchase a suit property, paid most of the consideration and took possession with a promise of a registered sale deed within three years. To protect his possession he filed Title Suit No. 201/85, reserving the right to sue for specific performance, and later filed T…
T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.
2008 INSC 22721 February 2008Disposed off
The Supreme Court entertained an interlocutory application concerning the constitution of a Central Empowered Committee (CEC) under Section 3(3) of the Environment Protection Act, 1986. After considering submissions of the Solicitor General and an Amicus Curiae, the Court specified the composition of the CEC, naming a …
SUNIL @ BALO DAS AND ORSversusRAJESH DAS AND ORS.
2008 INSC 23321 February 2008Case Allowed
The appellants were acquitted by a trial court of kidnapping a minor girl. The Jharkhand High Court set aside that acquittal and remitted the case to the trial court for a fresh hearing, but did so without recording any reasons or analysing the evidence. The appellants challenged this order before the Supreme Court, ar…
NEW INDIA ASSURANCE CO. LTD.versusVIPIN BEHARI LAL SRIVASTAVA
2008 INSC 23421 February 2008Case Allowed
The respondent, a permanent typist, was removed from service on the ground of unauthorized absence. The Industrial Tribunal held that he was suffering from tuberculosis, had applied for sick leave and that the employer had not acted on his applications, thus ordering reinstatement with back wages. The Allahabad High Co…
MOHANLAL AND ORS.versusSTATE OF HARYANA
2007 INSC 18221 February 2007Appeal(s) allowed
The Supreme Court reviewed the conviction of the father‑in‑law, mother‑in‑law and others for murder under Sections 302 and 34 of the IPC, which was based solely on the victim’s dying declaration that they set her on fire over a dowry dispute. The Court reiterated that a dying declaration can support a conviction only i…
M/S SAHARA INDIA AND ORS.versusM.C. AGARWAL HUF
2007 INSC 18321 February 2007Disposed off
Mis Sahara India and others filed a suit for possession against M.C. Agarwal HUF. The trial court, after several adjournments, decreed the suit despite the defendants' non‑appearance and without setting them ex parte. The defendants appealed, but the Delhi High Court dismissed the appeal by a non‑reasoned order, not ad…
SMT. MAYADEVIversusJAGDISH PRASAD
2007 INSC 18421 February 2007Dismissed
The Supreme Court upheld the decree of divorce granted to the husband on the ground of cruelty under the Hindu Marriage Act, 1955. The husband alleged that his wife repeatedly demanded money, denied food, threatened him and the children, and physically abused the children, culminating in the death of three children. Th…
KRISHNASWAMY S. PD. AND ANR.versusUNION OF INDIA AND ORS.
2006 INSC 9721 February 2006Dismissed
The appellants, who were the intended purchasers of a property, challenged an order of pre‑emptive purchase made by the Income Tax Department under Section 269UD of the Income Tax Act, 1961, on the ground that the order was unreasoned and they were denied a hearing. The property owner did not contest the order, and aft…
ADRI DHARAN DASversusSTATE OF WEST BENGAL
2005 INSC 8721 February 2005Disposed off
The appellant, A.D. Das, was charged under Sections 406, 467, 468, 471 and 420 IPC and applied to the Calcutta High Court for anticipatory bail under Section 438 of the CrPC, claiming a conspiracy against him. The High Court rejected the application, and the appellant appealed to the Supreme Court. The Court held that …
SHIVA KARAM PAYASWAMI TEWARIversusSTATE OF MAHARASHTRA
2009 INSC 5021 January 2009Case Partly allowed
Shiva Karam Payaswami Tewari, employed at Hotel Premier, got into a sudden quarrel with the manager Muttukumar and struck him with a wooden log, causing Muttukumar's death. The accused made an extra‑judicial confession to a friend, admitting the incident. The trial court convicted him under IPC sections 302, 321 and 20…
STATE OF MAHARASHTRAversusPRAKASH SAKHA VASAVE AND ORS.
2009 INSC 5121 January 2009Case Partly allowed
The State of Maharashtra prosecuted three accused—two brothers and their uncle—for the murder of Madhukar, alleging they acted out of jealousy over his illicit relationship. The trial court convicted them under IPC s.302 read with s.34 and sentenced the brothers to death and the uncle to life imprisonment. The Bombay H…
RANVEER SINGHversusSTATE OF M.P.
2009 INSC 5221 January 2009Dismissed
The appellant, Ranveer Singh, and his son Munnu were involved in a violent incident where the son shot and killed Lalita, the sister of the complainant, after the father allegedly instructed him to fetch a revolver. The trial court convicted the father under Section 302 IPC read with Section 109 (or Section 34) and sen…
JAGDISH BAGRIversusRAJENDRA KUMAR LUHARIWALA AND ANR.
2009 INSC 5421 January 2009Disposed off
The appellant, Jagdish Bagri, was convicted under Section 138 of the Negotiable Instruments Act for issuing a Rs.1 lakh cheque as security for a Rs.2,30,000 instalment payment that he failed to make. The conviction was affirmed by the Additional Sessions Judge and the Calcutta High Court dismissed his revision petition…
SHAIKH MAJID AND ANR.versusSTATE OF MAHARASHTRA AND ORS.
2008 INSC 7421 January 2008Case Partly allowed
During the Deshara festival, a group of Hindu villagers performing pooja at a temple were attacked by a large crowd from a nearby mosque who pelted stones and urged them to leave for prayer. The accused, numbering 32, along with others, assaulted the villagers with sticks, stones and knives, causing serious injuries an…
M/S UNITED INDIA INSURANCE CO. LTD.versusRAM PRAKASH RATURI
2008 INSC 7521 January 2008Case Allowed
The appellant, United India Insurance Co., rejected a claim for damages to a vehicle on the ground that the insurance policy was issued in the name of Roopa Sharma and that the vehicle had not been transferred to the claimant, Ram Prakash Raturi, at the time of insurance. The District Consumer Forum and the State Consu…
RAMAKRISHNA RAO (DEAD) BY LR.versusRAI MURARI
2008 INSC 7621 January 2008Case Allowed
The appellant filed a suit for a permanent injunction to prevent the respondent from interfering with the appellant's peaceful possession of the suit land. The trial court dismissed the suit, the first appellate court allowed it, and the Karnataka High Court dismissed the second appeal, directing the appellant to refun…
DR. ANIL BAJAJversusPOST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH AND ANR.
2002 INSC 3621 January 2002Dismissed
Dr. Anil Bajaj, a faculty member of the Post Graduate Institute of Medical Education and Research, was granted permission to take up an assignment abroad on the condition that he would resume duty within two years, a condition that required an undertaking which he did not furnish. An office order stipulated that failur…
M/S. UNIQUE BUTYLE TUBE INDUSTRIES PVT. LTD.versusU.P. FINANCIAL CORPORATION AND ORS.
2002 INSC 57420 December 2002Appeal(s) allowed
U.P. Financial Corporation initiated recovery proceedings against Unique Butyle Tube Industries Pvt. Ltd. under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 for default on a loan. The appellant contended that, after the enactment of the Recovery of Debts due to Bank and Financial Institutions Act, 1993,…
BALIRAM S/O IRRAPPA KAMBLEversusSTATE OF MAHARASHTRA
2008 INSC 132720 November 2008Dismissed
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, accepted by Baliram, and re…
SAMBHAJI & ORS.versusGANGABAI & ORS.
2008 INSC 132920 November 2008Appeal(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 Court acknowledged the t…
STATE OF TAMIL NADUversusKARUPPASAMY
2008 INSC 133020 November 2008Appeal(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 relatives. The Madr…
PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS
2007 INSC 116320 November 2007Disposed off
The Union of India sought permission to modify the National Maternity Benefit Scheme (NMBS) and introduce the Janani Suraksha Yojana (JSY), while the petitioner challenged the legality of discontinuing NMBS benefits. The Supreme Court had earlier ordered that NMBS could not be altered without its approval. After examin…
D. SAILUversusSTATE OF A.P.
2007 INSC 117020 November 2007Case Partly allowed
The appellant D. Sailu was convicted under Section 302 IPC for stabbing the deceased during a quarrel over bore water. He appealed, arguing that the eyewitnesses were relatives of the deceased and thus unreliable, that medical evidence contradicted their testimony, and that the incident was a sudden fight falling under…
CHIEF COMMISSIONER OF INCOME TAX, BHOPAL AND ORS.versusM/S. LEENA JAIN AND ORS.
2006 INSC 86520 November 2006Appeal(s) allowed
The respondents, employed as contractual data entry operators and paid hourly, sought regularization of their posts on the ground of having rendered long service. The Central Administrative Tribunal directed the employer to consider their cases, but the employer challenged the order and the High Court dismissed the wri…
M/S. SURESH CHANDRA KHANDELWAL AND CO.versusSTATE OF M.P. AND ORS.
2006 INSC 86620 November 2006Case Partly allowed
M/s Suresh Chandra Khandel Wal & Co. sought a benefit under the Madhya Pradesh Entertainment Duties (Advertisement Tax) Act, 1936, requesting the benefit to be back‑dated to 1 April 1996. Their writ petition was dismissed, and they filed a Letters Patent Appeal (LPA) to rely on a decision in another writ petition. The …
TATA IRON & STEEL CO. LTD.versusUNION OF INDIA
2002 INSC 48420 November 2002Appeal(s) allowed
Tata Iron & Steel Co. Ltd. claimed exemption from excise duty on steel ingots (Item 26) under Notification No. 53/64, asserting that the ingots were produced from fresh unused steel melting scrap obtained by cutting blooms into pieces and rendering them into scrap. The departmental authorities, the Central Government, …
STATE OF MAHARASHTRAversusMAHALAXMI STORES
2002 INSC 48520 November 2002Dismissed
Mahalaxmi Stores purchased large stone boulders and crushed them into smaller stones known as 'gitti'. The issue was whether this crushing process constituted 'manufacture' under Section 2(17) of the Bombay Sales Tax Act, 1959, thereby attracting sales tax. The Sales Tax Tribunal and the Bombay High Court held that it …
ASRAF SK AND ANR.versusSTATE OF WEST BENGAL
2008 INSC 118120 October 2008Appeal(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 examined whether the…
STATE OF ANDHRA PRADESHversusBAJJOORI KANTHAIAH AND ANR.
2008 INSC 118720 October 2008Appeal(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 accused moved the High C…
S. RAMAKRISHNAversusTHE STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. HYDERABAD
2008 INSC 118820 October 2008Dismissed
The appellant, S. Ramakrishna, was convicted of raping a 14‑year‑old girl and threatening her life under Sections 376 and 342 of the Indian Penal Code. The trial court and the Andhra Pradesh High Court upheld the conviction, relying on the victim’s testimony and medical evidence showing semen and protozoa. The appellan…
M/S NAGARJUNA CONSTRUCTION CO. LTD.versusGOVT. OF ANDHRA PRADESH AND ORS.
2008 INSC 118920 October 2008Appeal(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. The Supreme Court exa…
UNION OF INDIA AND ORS.versusGULAM MOHD. BHAT
2005 INSC 51120 October 2005Appeal(s) allowed
Gulam Mohd. Bhat, a constable in the Central Reserve Police Force, overstayed his sanctioned leave by 315 days. The competent authority initiated departmental proceedings and, invoking Section 11(1) of the Central Reserve Police Force Act, 1949 and Rule 27 of the 1955 Rules, ordered his removal from service. Bhat chall…
BIPIN BIHARIversusSTATE OF M.P.
2006 INSC 63520 September 2006Disposed off
The appellant, Bipin Bihari, was convicted under Section 307 of the Indian Penal Code for attempting to murder the complainant after firing a gun that injured the complainant's calf. The trial court sentenced him to life imprisonment and a fine; the High Court reduced the imprisonment to two years but increased the fin…
STATE OF U.P. AND ANR.versusSANJAI PRATAP GUPTA@ PAPPU AND ORS.
2004 INSC 53320 September 2004Leave Granted & Allowed
The Supreme Court examined the detention of Sanjai Pratap Gupta (Pappu) under Section 3(2) of the National Security Act, 1980. The detention order cited two grounds: his criminal antecedents and a specific incident involving murder on 13 October 2002. The High Court quashed the order, holding the two grounds inseparabl…
PRITHVI RAJ AND ORS.versusKAMLESH KUMAR AND ANR.
2004 INSC 53420 September 2004Appeal(s) allowed
The appellants were convicted of offences under Sections 148, 323 and 324 of the IPC and were placed on probation for two years under Sections 3 and 4 of the Probation of Offenders Act, 1958. The complainant filed an appeal under Section 11(2) of the Act challenging the propriety of the probation order and also contend…
KENDRIYA VIDYALAYA SANGATHANversusDAMODAR PRASAD PANDEY AND ORS.
2004 INSC 53520 September 2004Leave Granted & Allowed
A teacher employed by Kendriya Vidyalaya Sangathan (KVS) in Jabalpur, Madhya Pradesh, was transferred to Jammu & Kashmir and challenged the order before the Central Administrative Tribunal, alleging malafides and a punitive motive, and also seeking a joint posting with his wife. The Tribunal dismissed the application, …
HARDIP SINGHversusSTATE OF PUNJAB
2008 INSC 95020 August 2008Dismissed
Hardip Singh was found in possession of 7 kg of opium during a police search and was convicted under Section 18 of the NDPS Act, receiving ten years' rigorous imprisonment. He appealed, alleging that the investigating officer, Inspector Jarnail Singh, bore a personal grudge stemming from a prior vehicle accident and th…
RANGNATH SHARMAversusSATENDRA SHARMA & ORS.
2008 INSC 95120 August 2008Appeal(s) allowed
The case concerns the murder of Ajay Sharma, the nephew of Rangnath Sharma, by three accused who allegedly took the victim to a terrace, restrained him, and shot him with a pistol. The trial court convicted all three under Sections 302 read with 34 of the IPC and Section 27 of the Arms Act, but the Patna High Court acq…
GUNNANA PENTAYYA @ PENTADU & ORS.versusSTATE OF A.P.
2008 INSC 95220 August 2008Dismissed
The case arose from a political mob attack on 29 January 2000 in which a group of accused assaulted two houses, resulting in the deaths of D‑1 and D‑2. The trial court convicted several accused under s.302 IPC and s.302 r.w. s.149 IPC; the High Court upheld the s.302 convictions but acquitted on s.149, holding that no …
GANESHversusSTATE OF KARNATAKA AND ORS.
2008 INSC 95320 August 2008Dismissed
Twenty-five persons were charged with offences including murder under Section 302 read with Section 149 of the IPC, arising from an assault on the deceased Kenchappa and his sons. The trial court convicted six accused of all charges except the murder provision, relying on eye‑witness testimony, while acquitting the res…
STATE OF HARYANA & ORS.versusM/S. AS. FUELS PVT. LTD. & ANR.
2008 INSC 95420 August 2008Disposed off
RAMDAS SHIVRAM SATTURversusRAMESHCHANDRA POPATLAL SHAH AND ORS.
2007 INSC 84420 August 2007Appeal(s) allowed
The appellant appealed a decree directing execution of a sale deed for a plot that had been transferred to the deceased respondent No.3 (Tarabai). During the pendency of the second appeal, Tarabai died and her legal heirs (respondents 5, 6 and 7) were on record. The High Court dismissed the appeal against respondents 3…
JESU ASIR SINGH AND ORS.versusSTATE THROUGH INSPECTOR OF POLICE
2007 INSC 84720 August 2007Dismissed
The Supreme Court examined the appeal of three accused (A1, A2, A3) convicted of murder and assault under Sections 302 and 341 IPC. The appellants claimed they acted in private defence, arguing that the injuries they sustained indicated they were the aggressors. The Court held that the number of injuries is not a relia…
PUNJAB NATIONAL BANKversusR.L. VAID AND ORS.
2004 INSC 46420 August 2004Leave Granted & Disposed off
The accused, charged under IPC s.120‑B and the Prevention of Corruption Act, applied to the trial court for the production of eight documents. The CBI and Punjab National Bank (the appellant) claimed the documents were privileged communication under Evidence Act s.124. The trial court ordered production, but the High C…
STATE OF U.P. AND ANR.versusLALLOO SINGH
2007 INSC 76820 July 2007Disposed off
The State of Uttar Pradesh appealed against a High Court order that allowed Lalloo Singh to retain a tractor trolley seized by forest officials under the Wildlife (Protection) Act, 1972. The seizure occurred because the trolley was used to load sand from the Yamuna river bed inside a sanctuary. The trial magistrate had…
NATURAL GAS CORPORATION LTD.versusCITY & INDUST. DEV. CORPN., MAHARASHTRA AND ORS.
2007 INSC 76920 July 2007Disposed off
Oil & Natural Gas Corporation Ltd., a central government entity, filed a writ petition under Article 226 against the City and Industrial Development Corporation of Maharashtra (CIDCO), a state entity, seeking execution of a lease agreement for possession of land plots. The Bombay High Court dismissed the petition, hold…
SANDEEP POLYMERS PVT.LTD.versusBAJAJ AUTO LTD. AND ORS.
2007 INSC 77020 July 2007Disposed off
Sandeep Polymers Pvt. Ltd., a Nagpur‑based manufacturer, sued Bajaj Auto Ltd. for damages after the latter terminated a lifetime‑supply agreement, causing the plaintiff’s Nagpur plant to become idle. The defendants contended that four purchase orders contained an ouster clause confining all disputes to the Pune courts,…
S. SUDERSHAN REDDY & ORS.versusSTATE OF ANDHRA PRADESH
2006 INSC 45520 July 2006Dismissed
Four accused were convicted under Section 302 IPC for the murder of Khaja Saheb. The prosecution relied mainly on the testimony of PW‑3, a close relative of the deceased, while other eye‑witnesses (PW‑1, PW‑2, PW‑4) either gave only partial support or later retracted their statements. The appellants contended that PW‑3…
VIKRAMA SHAMA SHETTYversusSTATE OF MAHARASHTRA AND ORS.
2006 INSC 45620 July 2006Dismissed
Vikram Shama Shetty applied for an FL‑III licence to sell foreign liquor from his restaurant located near a mosque. Rule 45(1‑C) of the Bombay Foreign Liquor Rules bars licences for establishments within 75 metres of a religious institution. While an earlier appellate authority had allowed the licence based on an archi…
INDIAN FINANCIAL ASSN. SEVENTH PAY ADVENTISTSversusM.A. UNNEERIKUTTY AND ANR.
2006 INSC 45720 July 2006Dismissed
The Indian Financial Association of Seventh Day Adventists (the appellant) owned a 30‑cent property containing a church, school and other buildings. It passed a resolution to sell the land and, through a duly executed power of attorney, its representative (defendant No. 2) entered into two sale agreements with the plai…
JAI SINGH B. CHAUHANversusPUNJAB NATIONAL BANK AND ORS.
2005 INSC 30120 July 2005Dismissed
Jai Singh B. Chauhan, a clerk of Punjab National Bank, sought to be covered by the bank's pension scheme after missing the deadline to opt in. The pension regulations, framed under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, were published in the Official Gazette on 29 September 1995, gi…
STATE OF UTTAR PRADESH AND ORS.versusVIJAY SHANKER TRIPATHI
2005 INSC 30220 July 2005Disposed off
The respondent, a temporary government employee, was terminated on 16 August 1988 after being served notice that his services were no longer required. He challenged the termination before the State Public Service Tribunal, which held that the termination was a "termination simpliciter" without stigma and that Article 3…
ROOP SINGH @ RUPAversusTHE STATE OF PUNJAB
2008 INSC 76120 June 2008Case Allowed
The appellant Roop Singh was convicted along with two others for the murder of Jarnail Singh under Sections 302, 34 and 449 of the IPC, based primarily on circumstantial evidence such as a left‑foot print, a fingerprint on a liquor bottle, an alleged extra‑judicial confession and an eyewitness claim. The Punjab and Har…
HARI PRASAD CHHAPOLIA (DEAD)versusUNION OF INDIA
2008 INSC 76220 June 2008Disposed off
Hari Prasad Chhapolia was convicted under the Customs Act, 1962 and the Gold (Control) Act, 1968; the High Court set aside the Customs conviction but upheld the Gold conviction. He appealed to the Supreme Court under special leave, but died while the appeal was pending. His legal heirs filed an application for substitu…
DEPOT SUPERINTENDENT H.P. CORPN. LTD. & ANR.versusKOLHAPUR AGRI. MARKET COMMIT. KOLHAPUR
2007 INSC 70420 June 2007Disposed off
The appellant, Depot Superintendent HP Corporation Ltd., held a lease for a petrol pump in Kolhapur that expired in December 1989. It claimed renewal for 30 years under Section 7(3) of the Caltex (Acquisition of Shares of Caltex) Oil Refining Act, 1977, asserting that the renewal was automatic. The respondent, Kolhapur…
HEERA AND ANR.versusSTATE OF RAJASTHAN
2007 INSC 70520 June 2007Dismissed
The appellants were convicted under Section 395 IPC for assaulting a complainant at a petrol pump and stealing cash. The trial court relied on eyewitness testimony and a test identification parade (TI parade) in which the accused were identified by two witnesses; the prosecution also recovered the stolen cash. On appea…
STATE OF HARYANAversusJAGAT PAUL & ORS.
2007 INSC 70620 June 2007Disposed off
The deceased and his brother were attacked with lathis and gandasis by four accused, resulting in the deceased's death due to severe head injuries. The trial court convicted all four under Section 302 read with Section 34 of the IPC and also under Section 323 with Section 34. The High Court acquitted Jagat Paul and alt…
HAZARILALversusSTATE OF M.P.
2007 INSC 70720 June 2007Appeal(s) allowed
Hazarilal and his mother were tried for offences under Sections 304B and 498A of the IPC after Hazarilal's wife, Dashoda Bai, died by self‑immolation ten days after giving birth. The trial court convicted both of the accused, but the Madhya Pradesh High Court acquitted them of the dowry‑death charge (304B) and upheld o…
STATE OF U.P.versusRAJA RAM AND ORS.
2007 INSC 70820 June 2007Dismissed
The State of U.P. appealed against the Allahabad High Court’s judgment acquitting three of six accused in a murder case. The deceased, Yadunath Chauhan, was allegedly attacked by six men, two with spears and four with lathis, on the exhortation of Ram Prasad, resulting in his death. The trial court convicted all six un…
STATE OF U.P.versusJAI PRAKASH
2007 INSC 70920 June 2007Dismissed
The dead body of a seven‑year‑old boy was recovered from a well; he had last been seen with the accused, Jai Prakash, who was alleged to have animosity towards the victim’s family and a motive to use the child to facilitate a sexual assault on a woman. The trial court convicted the accused under Sections 302, 364 and 2…
LALA RAMversusSTATE OF RAJASTHAN
2007 INSC 71020 June 2007Dismissed
The appellant Lala Ram and others were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Prabhu and Raghuveer, who were attacked by a large group. The High Court upheld the conviction based on the testimony of PW‑3, who gave water to the dying victims, and PW‑4, a relative of t…
SUBHASH CHANDRA SINGHversusDHEEMANT SINGH & ANR.
2009 INSC 56220 April 2009Appeal(s) allowed
The appellant, father of a woman who died unnaturally within seven years of marriage, challenged the Allahabad High Court's order granting bail to the accused husband, who was charged under IPC s.304B. The High Court had granted bail without providing any reasoning, merely stating that s.1138 of the Evidence Act was in…
STATE OF KARNATAKAversusSHANTAPPA MADIVALAPPA GALAPUJI & ORS.
2009 INSC 56320 April 2009Appeal(s) allowed
Four accused were convicted by a trial court for murder and related offences based largely on the testimony of a nine‑year‑old child witness, the son of the deceased. The Karnataka High Court set aside the conviction, discarding the child’s evidence on the ground that he might have been tutored and because of a delay i…
PRANAB KUMAR PALversusM/S. LIZ. INVESTMENT PVT. LTD. AND ORS.
2009 INSC 55920 April 2009Disposed off
The petition filed by Liz Investment Pvt. Ltd. before the Company Law Board (CLB) alleged that the appellant, Pranab Kumar Pal, diverted a corporate opportunity and sought to restrain his resignation as a director. The CLB initially ordered the appointment of three directors by the petitioner and barred the appellant’s…
STATE OF ORISSA AND ORS.versusHARAPRIYA BISOI
2009 INSC 56020 April 2009Appeal(s) allowed
The dispute concerned 53.95 acres of land in Bhubaneswar that vested in the State of Orissa under a 1954 notification of the Orissa Estate Abolition Act, 1951. The respondent, Harapriya Bisoi, claimed she was a "deemed tenant" because her predecessor had obtained a lease from the erstwhile intermediaries before vesting…
TOMY AND ANR.versusSTATE OF KERALA AND ANR.
2009 INSC 56120 April 2009Appeal(s) allowed
The appellant Tomy and others were charged with assault causing grievous injuries under IPC sections 447, 324, 326 and 506(ii) read with section 34. The trial court, after evaluating the testimony of the complainant and other witnesses, acquitted the accused, finding the prosecution evidence inconsistent and not credib…
UNION OF INDIA AND ORS.versusKESHAR SINGH
2007 INSC 44620 April 2007Appeal(s) allowed
Keshar Singh, a rifleman discharged from the Army in 1986, was diagnosed with schizophrenia. The Medical Board concluded that the disorder was neither pre‑existing nor attributable to military service. The High Court, relying on para 7(b) of Appendix II of the 1961 Pension Regulations, held that the disease was deemed …
TAMIL NADU STATE TRANSPORT CORPORATION LTD.versusS. RAJAPRIYA AND ORS.
2005 INSC 21920 April 2005Appeal(s) allowed
The Tamil Nadu State Transport Corporation appealed a Motor Vehicles Accident Compensation Claim Tribunal award that granted Rs.6,09,552 to the widow and child of a 38‑year‑old employee who died in a road accident, using a multiplier of 16 under Section 166 of the Motor Vehicles Act, 1988. The corporation argued that t…
STATE OF RAJASTHANversusSOHAN LAL AND ORS.
2004 INSC 29420 April 2004Appeal(s) allowed
The State of Rajasthan appealed to the Supreme Court against a Rajasthan High Court order that refused leave to appeal an acquittal without providing any reasons. The Supreme Court held that a High Court must record reasons when refusing leave under Section 378 of the Code of Criminal Procedure, 1973, as the refusal fo…
LEILA DAVIDversusSTATE OF MAHARASHTRA & ORS.
2009 INSC 37320 March 2009Matter referred to larger bench
During the hearing of a writ petition, four individuals shouted abusive language, threatened judges and one even threw a chappal at the bench in the presence of the Solicitor General and senior counsel. Justice Pasayat ordered their immediate detention and three months' simple imprisonment for contempt of court without…
C. ELUMALAI & ORS.versusA.G.L. IRUDAYARAJ & ANR.
2009 INSC 37820 March 2009Case Allowed
The Supreme Court entertained a contempt petition filed by C. Elumalai & Ors. alleging that the respondents, A.G.L. Irudayaraj & Anr., had willfully violated the Court's order dated 19 March 2007 which directed the Madras High Court to dispose of a suit within six months and refrain from creating any third‑party rights…
SHABBIR AHMED SHERKHANversusSTATE OF MAHARASHTRA
2009 INSC 37220 March 2009Dismissed
The appellant, a police officer, received Rs 12,000 as traveling and daily allowance for a dog‑squad team but failed to disburse the amount to the handlers and remained absent from duty without authorized leave. He was convicted under Section 409 of the Indian Penal Code for criminal breach of trust by a public servant…
NATIONAL INSURANCE CO. LTD.versusSEBASTIAN K. JACOB
2009 INSC 37920 March 2009Appeal(s) allowed
The Motor Accident Claims Tribunal awarded Rs 24,033 with interest to Sebastian K. Jacob against National Insurance Co. Ltd., the insurer of the driver involved in a 1995 accident. National Insurance contended that Jacob had already been compensated Rs 21,700 by Oriental Insurance for the same accident and therefore sh…
D.D.AversusMAHENDER SINGH & ANR
2009 INSC 38020 March 2009Appeal(s) allowed
The Delhi High Court, exercising jurisdiction under Article 226, directed the acquiring authority to pay statutory interest under Section 34 of the Land Acquisition Act to land owners for compensation awarded. The appellant challenged this direction, contending that the Act is a complete code and only Sections 28 and 3…
ALLAHABAD LADIES CLUBversusJITENDRA NATH SINGH AND ORS.
2007 INSC 32020 March 2007Disposed off
A public‑interest writ petition was filed in the Allahabad High Court alleging that the Company Bagh, a public park, had been converted into a lease‑hold property with illegal constructions in violation of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 and the Uttar Pradesh…
PRABHAKARAN AND ORS.versusM. AZHAGIRIPILLAI (DEAD) BY LRS. AND ORS.
2006 INSC 15520 March 2006Appeal(s) allowed
The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment deed was an acknowled…
UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.
2006 INSC 15620 March 2006Appeal(s) allowed
The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) challenged the award by filin…
M/S. SORATH BUILDERSversusSHREEJIKRUPA BUILDCON LIMITED & ANR.
2009 INSC 23120 February 2009Appeal(s) allowed
The Gujarat Agricultural University issued a tender for a veterinary college building, requiring pre‑qualification documents by 27 Nov 2008 and price bids by 28 Nov 2008. Three firms bid; one was disqualified for lack of experience and the appellant, Sorath Builders, submitted the lowest bid. Respondent No. 1, Shreejik…
PEDDI ASHOK KUMAR & ORS.versusPEDDI SUDARSHAN RAO
2009 INSC 22420 February 2009Disposed off
In a partition suit, the High Court had modified an interim order that maintained the status quo by allowing the construction of a second floor, based merely on the applicant's alleged inconvenience. The appellants challenged this modification, arguing that no plans, sanctions, or structural safety evidence had been pr…
SHAIK NAGOORversusSTATE OF A.P. TH. PUB. PROSECUTOR HIGH COURT OF A.P., HYDERABAD
2008 INSC 22220 February 2008Dismissed
The appellant, Shaik Nagoor, was charged under IPC sections 354, 448 and 306 for allegedly assaulting the deceased, who later set herself on fire. The prosecution relied on two dying declarations recorded by a judicial officer and a constable. The trial court convicted on all three charges; the High Court upheld convic…
K.V. RAMI REDDIversusPREMA
2008 INSC 22320 February 2008Dismissed
The respondent filed a suit for specific performance which was decided by a Seventh Assistant City Civil Judge on 24 March 1999. The judge recorded only an endorsement in the docket and did not fully dictate the judgment before signing, with the operative portion being dictated the next day. The respondent raised a rev…
RAMAKRISHNA PILLAI & ANR.versusMUHAMMED KUNJU & ORS.
2008 INSC 22420 February 2008Appeal(s) allowed
The appellants filed two suits for specific performance of agreements to sell property, expressly stating in the plaints that they were always ready and willing to fulfil their part of the contracts. The defendants contested the validity of the agreements and claimed the suits were barred by limitation, but they never …
THE STATE OF WEST BENGAL AND ORS.versusM/S VEEJAY INTERNATIONAL (INDIA) AND ORS.
2007 INSC 15920 February 2007Appeal(s) allowed
The State of West Bengal issued the West Bengal Rice and Paddy Control Order, 1997 under the Essential Commodities Act, 1955, containing clauses 9 and 10 that regulated storage, transport and export of rice and paddy. A writ petition challenged these clauses as being inconsistent with the export‑import policy framed un…
ALLAHABAD BANKversusSTATE OF WEST BENGAL AND ORS.
2007 INSC 17120 February 2007Disposed off
Allahabad Bank entered into agreements to purchase land and construct a 29‑flat building in Calcutta. After completing the building, the bank sought permission to sell the land under the Urban Ceiling and Regulation Act, 1976, but the Competent Authority rejected the application, deeming the land excess vacant land ves…
NEW INDIA ASSURANCE CO. LTD.versusVEDWATI AND ORS.
2007 INSC 17220 February 2007Appeal(s) allowed
The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and the Allahabad High Cou…
TRANSMISSION CORPORATION OF A.P. LTD. AND ORS.versusM/S SRI RAMA KRISHNA RICE MILL
2006 INSC 9520 February 2006Disposed off
The appellant, Transmission Corporation of A.P. Ltd., issued a provisional and then a final assessment of Rs.1,41,270 against the respondent, a low‑tension consumer, alleging pilferage of electricity. The respondent objected and appealed under the Terms and Conditions of Supply, seeking a right to cross‑examine the off…
MUKHTIAR SINGH & ANR.versusSTATE OF PUNJAB
2009 INSC 4020 January 2009Dismissed
Mukhtiar Singh and his son Gurmail Singh were charged with the murder of Babu Singh under Sections 302 and 34 of the Indian Penal Code. The trial court acquitted them, rejecting the testimony of two eye‑witnesses – the deceased's son and widow – and deeming the prosecution case a fabricated story. The Punjab and Haryan…
U.P. STATE ELECTRICITY BOARD & ANR.versusAZIZ AHMAD
2009 INSC 4120 January 2009Disposed off
The respondent, a Boiler Overhauling Mechanic employed by the U.P. State Electricity Board, claimed that his post was equivalent to the Boiler Mistry/Fitter posts and therefore entitled to the higher 'Skilled‑A' pay scale under the principle of equal pay for equal work. The Industrial Tribunal and the Allahabad High Co…
DAYA SHANKARversusSTATE OF M.P.
2009 INSC 4220 January 2009Appeal(s) allowed
The appellant, Daya Shankar, was convicted under Section 302 read with Section 34 of the IPC for the murder of Ram Kishore. The prosecution alleged that the appellant, along with three others—two armed—attacked the deceased, with the appellant allegedly pulling the victim's legs. The Supreme Court examined whether Sect…
MUNNILAL S/O GOKUL TELIversusSTATE OF M.P.
2009 INSC 4320 January 2009Appeal(s) allowed
The appellant, Munni Lal, was convicted along with three co‑accused for the murder of Ram Kishore under Sections 302 and 34 of the Indian Penal Code. While the other three accused were armed, Munni Lal was unarmed and the prosecution alleged that he pulled the victim's leg, contributing to the death. The trial court an…
BASKAR @ KANNANversusSTATE OF TAMIL NADU
2009 INSC 4420 January 2009Dismissed
The appellant, Baskar@Kannan, was convicted under Section 304 Part II of the IPC for his role in the fatal assault on the deceased, while another accused was convicted of murder under Section 302. The prosecution relied on the testimony of four eye‑witnesses, including PW‑1 who was also an injured victim, and on medica…
JAGEBAR ALI @ SETTUversusSTATE OF TAMIL NADU
2009 INSC 4520 January 2009Dismissed
The appellant (A-1) and 14 others were tried for offences including murder, culpable homicide, and offences under the SC/ST (Prevention of Atrocities) Act. On 26 March 2001, after a quarrel, A-1 and co‑accused armed themselves and attacked four scheduled‑caste witnesses; A-1 delivered a fatal blow to the neck of the de…
JAI SINGH & ORS.versusGURMEJ SINGH
2009 INSC 4620 January 2009Dismissed
The vendor Bhartu sold a 20-kanal portion (400/3723 share) of a jointly held land to the appellants, Jai Singh & Ors. The respondent, co‑sharer Gurmej Singh, filed a suit for possession invoking pre‑emption under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913, claiming a superior right to purchase the land. The k…
R. MANJULAversusV. RAJA
2009 INSC 4720 January 2009Disposed off
The wife filed a transfer petition seeking to move a matrimonial suit (H.M.P. No. 289 of 2005) from the Civil Court in Nasik, Maharashtra, to the Family Court in Vellore, Tamil Nadu. The Supreme Court directed the parties to appear before the Vellore District Mediation Centre. After several mediation sessions, the part…
AQEEL AHMADversusSTATE OF U.P.
2008 INSC 149319 December 2008Dismissed
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 sentences respectiv…
SYNDICATE BANKversusR. VEERANNA AND ORS.
2002 INSC 56719 December 2002Disposed off
Syndicate Bank sued R. Veeranna and others for repayment of loans totaling Rs 16,15,091.05. The defendants accepted liability but contested the bank's claim for a higher rate of interest, arguing that the increase violated natural justice and the bank's own circulars. The trial court awarded the loan amount with intere…
GAURAV NAGPALversusSUMEDHA NAGPAL
2008 INSC 132419 November 2008Dismissed
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 Guardians and Wards Act, 1…
VITHAL PUNDALIK ZENDGEversusST ATE OF MAHARASHTRA
2008 INSC 132519 November 2008Dismissed
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 the conviction, arguin…
HINDUSTAN COPPER LTD.versusSTATE OF MADHYA PRADESH AND ORS.
2008 INSC 132619 November 2008Appeal(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 premises or machiner…
MUTHU KUTTY AND ANR.versusSTATE BY INSPECTOR OF POLICE, TAMIL NADU
2004 INSC 66219 November 2004Dismissed
The Supreme Court examined the appeal of the accused who were convicted for dowry death after the victim, Kodimalar, was set on fire by her in‑laws. The victim gave a dying declaration identifying the accused, which was recorded by a Judicial Magistrate in the presence of a doctor who certified her consciousness. The a…
SRI ANAND HANUMATHSA KATAREversusADDITIONAL DISTRICT MAGISTRATE AND ORS
2006 INSC 73219 October 2006Dismissed
The Supreme Court examined a habeas corpus petition challenging a detention order passed under the Karnataka Prevention of Dangerous Activities of Boot‑Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The order was issued on 7 Oct 2005, approved by the State Government …
RAMLAL AND ANR.versusPHAGUA AND ORS.
2005 INSC 50719 October 2005Dismissed
The plaintiff, Phagua, executed a sale deed in favour of Mst. Hasrat Bi after obtaining a Rs.400 loan, simultaneously agreeing that the property would be reconveyed if the loan was repaid within three years. The loan was not repaid, Hasrat Bi's name was mutated in revenue records and she sold the land to the appellants…
CHENNAMMALversusMUNLMALALYAN AND ORS.
2005 INSC 50819 October 2005Dismissed
Munimalaiyan had taken a simple mortgage of Rs.3,000 in 1961, securing it with three properties. Unable to repay, a deed dated 22 Oct 1970 was executed, selling one of the properties to Chennammal for Rs.3,000 while reserving Munimalaiyan's right to repurchase within three years. The dispute centered on whether this de…
UNION OF INDIA AND ORS.versusBRAJ NANDAN SINGH
2005 INSC 50919 October 2005Appeal(s) allowed
The respondent, a temporary sorter with the Railway Mail Service, resigned in 1977 to contest elections and his resignation was accepted. After more than two decades he applied for a pension, which was denied on the ground that Rule 26(1) of the Central Civil Services (Pension) Rules forfeits past service on resignatio…
SASIKUMAR AND ORS.versusKUNNATH CHELLAPPAN NAIR AND ORS.
2005 INSC 51019 October 2005Disposed off
The Supreme Court examined a Kerala High Court decision disposing a second appeal (No. 174/1990) without formulating any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The appellants argued that the High Court erred by not stating the legal question, while the respondents c…
DAULATRAM S/O SADRAM TELIversusSTATE OF CHHATTISGARH
2008 INSC 106319 September 2008Dismissed
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 that the relatives were…
UNION OF INDIAversusK.H. SRINIVASAN & ORS.
2008 INSC 106419 September 2008Appeal(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 cases, without consider…
STAR PAPER MILLS LTD.versusSTATE OF U.P. AND ORS.
2006 INSC 63019 September 2006Disposed off
Star Paper Mills Ltd challenged the levy of a market fee under Rule 70 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965, on purchases made from the Uttar Pradesh Forest Corporation, arguing that as a captive consumer it was not liable to pay the fee. The Allahabad High Court dismissed the writ petition, holdi…
ANWARI BEGUMversusSHER MOHAMMAD AND ANR.
2005 INSC 42819 September 2005Appeal(s) allowed
The appellant, Anwar Begum, challenged the grant of bail to the accused, Sher Mohammad, who had allegedly shot her husband with intent to kill. The trial court denied bail based on eyewitness testimony, but the Allahabad High Court later granted bail through a terse, non‑reasoned order. The Supreme Court held that a ba…
U.P.S.E.B. AND ANRversusSANT KABIR SAHAKARI KATAI MILLS LTD.
2005 INSC 42919 September 2005Disposed off
The Uttar Pradesh State Electricity Board (UPSEB), a public sector undertaking, entered into supply agreements with several cooperative societies registered under the Uttar Pradesh Co-operative Societies Act, 1965. Disputes arose over the rates charged and alleged failure to provide uninterrupted power, leading the All…
UNION OF INDIA AND ANR.versusS.S. GILL
2007 INSC 76519 July 2007Disposed off
The Supreme Court examined whether Short Service Commissioned Officers transferred from the Army to the CRPF could have their previous Army service counted for seniority under Rule 8(b)(i) of the Central Reserve Police Force Rules, 1955. The Union of India argued that the rule does not allow such counting, while the of…
STATE OF M.P.versusKUSUM
2007 INSC 76619 July 2007Dismissed
The respondent, convicted of murder and sentenced to life imprisonment, applied for release on probation under the Madhya Pradesh Prisoners' Release on Probation Act, 1954. The State issued a circular on 3 August 2005 stating that convicts whose bail applications were rejected and whose appeals were pending could not e…
R.J. SHAH AND CO.versusH.P. STATE ELECTRICITY BOARD
2007 INSC 76719 July 2007Disposed off
R.J. Shah appealed to the Himachal Pradesh High Court against a judgment of a single judge of that court, invoking the Letters Patent of the former Lahore High Court under Clause 9/10. The High Court held that the Lahore Letters Patent did not apply to Himachal Pradesh, that no appeal under those clauses was maintainab…
COMMISSIONER OF CENTRAL EXCISE, DELHIversusM/S. ACTION CONSTRUCTION EQUIPMENT (P) LTD.
2006 INSC 44719 July 2006Dismissed
The assessee, Action Construction Equipment Ltd., manufactured mobile cranes but used a dummy unit, ACE Industries, to claim exemption and evade excise duty. The adjudicating authority fixed an assessable value of Rs 26,63,400 and duty of Rs 4,10,144; the appellate authority, relying on the Supreme Court’s Maruti Udyog…
SOUTH EASTERN COALFIELDS LTD.versusPREM KUMAR SHARMA AND ORS.
2006 INSC 44819 July 2006Appeal(s) allowed
South Eastern Coalfields Ltd. appealed against a Madhya Pradesh High Court order that directed it to provide a compensatory appointment to Prem Kumar Sharma, who claimed to be a land loser after 0.72 decimal of his land was acquired. The appellant argued that entitlement to employment is governed by the Government's un…
STATE OF GUJARAT AND ORS.versusVALI MOHMED DOSABHAI SINDHI
2006 INSC 44919 July 2006Appeal(s) allowed
The respondent, a police constable, applied for correction of his date of birth in his service record after receiving a retirement order based on the recorded birth year of 1923. The High Court allowed the correction on the basis of a school leaving certificate and directed payment of arrears for the period up to the r…
UNION OF INDIAversusANUP KR. ROY
2006 INSC 45019 July 2006Appeal(s) allowed
The respondent, a former Transmission Executive of All India Radio, retired voluntarily on 31 July 1997, before the Prasar Bharati Act, 1990 came into force on 23 November 1997. A Government Memorandum dated 25 February 1999 granted upgraded pay scales to employees "currently in service of Prasar Bharati". The responde…
MRS. VIJAYA SHRIVASTAVAversusM/S. MIRAHUL ENTERPRISES AND ORS.
2006 INSC 45119 July 2006Hearing Adjourned
The case arose from two suits filed in the Delhi High Court seeking specific performance of a 1983 agreement for the sale of flats and a refund of a loan allegedly advanced by the plaintiffs to the developers. The trial judge framed ten issues in each suit, found in favour of the plaintiffs, and held that a conveyance …
SUSHIL KUMAR SHARMAversusUNION OF INDIA AND ORS.
2005 INSC 29919 July 2005Disposed off
The petitioner, Sushil Kumar Sharma, filed a writ petition under Article 32 challenging the constitutional validity of Section 498A of the Indian Penal Code, alleging that it is misused to victimise innocent persons through false dowry‑related accusations. The Supreme Court examined whether the mere possibility of abus…
NATIONAL CAPITAL TERRITORY OF DELHI & ANR.versusUMESH KUMAR
2008 INSC 76019 June 2008Disposed off
Umesh Kumar, a Delhi police constable, was granted a licence for a .315 bore rifle which was cancelled under Section 17(3) of the Arms Act on the ground that he was involved in a criminal case (FIR No. 254/1991) for offences under IPC sections 302, 307, 34 and Arms Act sections 25, 27, 54. He was suspended during trial…
STATE OF MAHARASHTRA & ORS.versusMEHAMUD
2007 INSC 70119 June 2007Case Partly allowed
The State of Maharashtra detained Mehamud under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981, labeling him a "dangerous person" on the basis that he was involved in fourteen criminal cases and several pending offences under IPC Chapters XVI, XVII and the Arms…
KISHORI LALversusSTATE OF M.P.
2007 INSC 70219 June 2007Appeal(s) allowed
The appellant, Kishori Lal, was convicted under Section 306 of the IPC for abetment of his wife Rajkumari's suicide. The Supreme Court examined whether the prosecution had established any act of incitement or assistance by the husband, as required under Section 107 IPC. It held that "abetment" requires direct or indire…
STATE OF MADHYA PRADESHversusCHAMRU@BHAGWANDAS ETC. ETC.
2007 INSC 70319 June 2007Dismissed
The State of Madhya Pradesh charged Chamru and Geetabai with the quadruple murder of a family, alleging the accused acted out of a land dispute. Three child witnesses identified the accused in a Test Identification Parade, leading the trial court to convict Chamru (death) and Geetabai (life imprisonment). On appeal, th…
PRADEEP SINGHversusUNION OF INDIA AND ORS.
2007 INSC 44019 April 2007Dismissed
Pradeep Singh, an acting Naik in the Indian Army, was absent without leave for 21 months. Upon his return, his acting rank was withdrawn and he was tried by a Summary Court‑Martial under Sections 39A and 116 of the Army Act, which sentenced him to dismissal. He challenged the conviction on four grounds: the officiating…
SMT. J. YASHODAversusSMT. K. SHOBHA RANI
2007 INSC 44119 April 2007Dismissed
In J. Yashoda v. K. Shobha Rani, the appellant sought to admit photocopies of documents as secondary evidence. The High Court had marked the photocopies as secondary evidence, but the Supreme Court examined whether such copies could be admitted under Sections 63 and 65 of the Indian Evidence Act. The Court reiterated t…
RAJ PAL AND ORS.versusTHE STATE OF HARYANA
2006 INSC 23419 April 2006Case Partly allowed
The appellants, Raj Pal and others, assaulted a deceased and several witnesses with lathis over a property dispute, resulting in the deceased's death. They claimed the assault was in private defence of their person and property, asserting that they had suffered injuries themselves. The trial court convicted them under …
OM PRAKASH SHRIVASTAVversusSTATE OF M.P. AND ANR.
2005 INSC 21519 April 2005Dismissed
Om Prakash Shrivastava was appointed on probation on 1‑May‑1989 and passed the departmental examination on 22‑July‑1992 after his probation had been extended, leading to his confirmation on 23‑July‑1992. Another probationer, Ram Rao Bhosley, appointed on 7‑May‑1990, passed his examination on 29‑January‑1993 within his …
BISWAJIT HALDER @ BABU HALDER AND ORS.versusSTATE OF WEST BENGAL
2007 INSC 30519 March 2007Appeal(s) allowed
Rupali, married to Biswajit Halder, alleged that her husband and in‑laws repeatedly demanded additional dowry items after the marriage. She committed suicide within seven years of marriage. The trial court convicted the appellants under IPC Sections 304B (dowry death), 498A and the Dowry Prohibition Act, imposing multi…
RAMKRIPAL S/O SHYAMLAL CHARMAKARversusSTATE OF MADHYA PRADESH
2007 INSC 30619 March 2007Dismissed
The appellant, Ramkripal, was convicted of rape under Section 376 of the IPC for forcibly having sexual intercourse with a woman who was collecting grass. The trial court, based on the victim’s testimony and medical evidence of perineal laceration and a torn hymen, found penetration and sentenced him to seven years’ ri…
RAJUversusTHE STATE BY INSPECTOR OF POLICE
2009 INSC 21919 February 2009Dismissed
The appellant Raju was convicted by the trial court for murder (s.302 IPC) of a money‑lender, Virupachi Gounder, based largely on circumstantial evidence and a confessional statement. The Madras High Court altered the conviction to voluntarily causing hurt (s.341 IPC) and sentenced him to seven years’ rigorous imprison…
A. VENKATAKRISHNANversusSTATE OF TAMIL NADU AND ORS.
2009 INSC 22219 February 2009Dismissed
A. Venkatakrishnan challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998, which raised the tax on contract carriage from Rs.1500 to Rs.2000 per seat per quarter and later to Rs.3000. He filed several writ petitions in the Madras High Court, which were dismissed for lack of sufficient material. On appe…
COMMNR. OF INCOME TAX, JALANDHAR-1versusSHRI RAJIV BHATARA
2009 INSC 22319 February 2009Appeal(s) allowed
The Central Board of Income Tax, Jalandhar appealed against the order of the Punjab & Haryana High Court which had upheld the Income Tax Appellate Tribunal’s decision that surcharge could not be levied on tax assessed under a block assessment where the search was conducted before 1 June 2002. The case involved a search…
SUNDAR BABU AND ANR.versusSTATE OF TAMIL NADU
2009 INSC 21819 February 2009Appeal(s) allowed
The wife, Sukanya, filed a complaint under IPC s.498A and Dowry Prohibition Act s.4 against her husband Sunder Babu, his parents, sister and maternal grandmother, alleging dowry harassment. The husband had left for the USA six months after their marriage and the complaint was lodged many months later without any explan…
N. SRIHARI (D) THROUGH LRS. & ORS.versusN. PRAKASH & ORS.
2008 INSC 21619 February 2008Disposed off
The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary evidence. Both lower c…
NIVRUTII PANDURANG KOKATE AND ORSversusSTATE OF MAHARASHTRA
2008 INSC 21819 February 2008Dismissed
The appellants were convicted of murder and concealment of evidence under IPC sections 302, 201 and 34 for the killing of Saban Misal. The conviction rested primarily on the testimony of PW‑13, the deceased's daughter, who was about 12 years old at the time and described how her mother and others killed and buried her …
ARUN KUMARversusTHE STATE OF BIHAR AND ANR.
2008 INSC 21919 February 2008Case Allowed
Arun Kumar was tried before a Sessions Judge who held that he was not a juvenile. He applied for trial before the Juvenile Justice Board, and the High Court allowed the application, directing that he be treated as a juvenile. On appeal, the Supreme Court observed that at the time of framing charges the accused was reco…
NATIONAL ALUMINIUM CO. LTD.versusTHE STATE OF A.P. & ORS.
2008 INSC 22019 February 2008Case Partly allowed
National Aluminium Co. Ltd., a government company with its corporate office in Odisha and a mercantile office in Visakhapatnam, exported aluminium via Visakhapatnam port and earned Duty Entitlement Pass Book (DEPB) credits. It auctioned these credits to bidders from other states, treating the transfers as inter‑state s…
N. SRIHARI (D) THROUGH LRS. & ORS.versusN. PRAKASH & ORS.
2008 INSC 22119 February 2008Disposed off
The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary evidence. Both lower c…
KALEGURA PADMA RAO AND ANR.versusTHE STATE OF A.P. REP. BY THE PUBLIC PROSECUTOR
2007 INSC 15419 February 2007Case Partly allowed
The deceased was assaulted by a group of accused after a dispute over his auto and later died from the injuries. The trial court convicted the accused under sections 148, 448 r.w. s.149, 302/149 and 324/149 IPC; the High Court affirmed these convictions for some. On appeal, the Supreme Court examined whether the eviden…
MANJUNATH CHENNABASAPA MADALLIversusSTATE OF KARNATAKA
2007 INSC 15519 February 2007Appeal(s) allowed
Manjunath Chennabasapa Madalli was convicted by the trial court for the murder of his wife Sumithra under Sections 302 and 498A of the Indian Penal Code, based largely on circumstantial evidence and an alleged dying declaration. The Karnataka High Court set aside the 498A conviction but upheld the murder conviction. On…
SHAILESH JASVANTBHAI AND ANR.versusSTATE OF GUJARAT AND ORS.
2006 INSC 3519 January 2006Case Partly allowed
The Supreme Court examined the sentencing of two accused, Pratapji and Jayantubha, who had assaulted Sameer Kumar and Shailesh Jasvantbhai with knives on 30 March 2002, resulting in serious injuries. The trial court convicted them under IPC sections 307, 324, 504 read with 114 and sentenced each to ten years' rigorous …
PUNJAB STATE ELECTRICITY BOARD AND ORS.versusHARVINDER SINGH
2006 INSC 3619 January 2006Appeal(s) allowed
Harvinder Singh applied for a new large‑supply electricity connection on 10 March 1992 and deposited the required security. The Punjab State Electricity Board later issued Circular No. CC 41/95 (4 May 1995) and a clarificatory Circular (6 February 1996) imposing a one‑time contract‑demand charge on large‑supply consume…
SUNIL KUMAR AND ANR.versusSTATE OF RAJASTHAN
2005 INSC 4319 January 2005Dismissed
The case involved eight accused who arrived together in a jeep, surrounded the deceased and assaulted him – one accused (R) delivering fatal knife blows while the others used hockey sticks, iron rods and pipes. R was convicted under Section 302 IPC and the remaining seven under Section 302 read with Section 149 IPC. Th…
THE STATE OF TAMIL NADU REP. BY SECRETARY OF GOVERNMENTversusSUBAIR @ MOHAMED SUBAIR AND ORS.
2008 INSC 147118 December 2008Dismissed
The deceased Veeraganesh was stabbed by four accused and later died. Two eye‑witnesses (PW‑1 and PW‑2) testified to the assault but their conduct—leaving the victim and failing to report the incident until police interrogation—was deemed implausible. The victim gave two dying declarations: one before a Judicial Magistr…
JAIPRAKASH ASSOCIATES LTD.versusSTATE OF M.P. AND ORS.
2008 INSC 148718 December 2008Appeal(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 statutes should be e…
SWAMI NATH CHOUHAN AND ORS.versusUNION OF INDIA AND ORS.
2002 INSC 56118 December 2002Dismissed
The appellants, Swami Nath Chouhan and others, claimed tenancy of 4 Bighas 4 Kathas and 15 Lechas at Hukanpukhuri, alleging a lease from respondents 5‑7 in 1947, while the land had been acquired by the Union of India in 1943 for defence purposes and later reconveyed without possession. The Union issued a notice under R…
MOHD. ASHIQUEversusSTATE OF MAHARASHTRA
2008 INSC 131018 November 2008Dismissed
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 and that the seizure…
KAMLA CHATURVEDIversusNATIONAL INSURANCE CO. & ORS.
2008 INSC 131118 November 2008Case 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 term, it was not liable …
THE DIRECTOR OF ENTRY TAX & ORS.versusSUNRISE TIMBER COMPANY
2008 INSC 131218 November 2008Disposed 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 refund of the tax, re…
HANUMAN PRASAD AND ORS.versusSTATE OF RAJASTHAN
2008 INSC 131518 November 2008Appeal(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 Court reversed the acq…
M/S. ANDHRA AGENCIESversusSTATE OF A.P.
2008 INSC 131618 November 2008Disposed 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 price and that the cred…
M/S. KABINI MINERALS PVT. LTD. AND ANR.versusSTATE OF ORISSA AND ORS.
2005 INSC 57718 November 2005Dismissed
Kabini Minerals Pvt Ltd applied on 7 October 2002 for a 10‑year quarry lease for decorative stones, having only entered a land‑purchase agreement and ordered machinery but not yet established a processing unit. Respondent No.4 applied later, on 5 December 2002, and purchased an already‑operating unit (Valley Granites) …
SHAIKH SALIM HAJI ABDUL KHAYUMSABversusKUMAR AND ORS.
2005 INSC 57818 November 2005Appeal(s) allowed
In a civil suit for partition, the defendants were required to file a written statement within 30 days, with a possible extension up to 90 days under Order VIII, Rule 1 of the CPC. The trial court, however, granted an extension till 19‑Feb‑2004, which fell beyond the 90‑day limit, and the defendants filed the statement…
STATE OF MADHYA PRADESHversusRAMESH
2004 INSC 65718 November 2004Appeal(s) allowed
The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's decision to reduce Ramesh's conviction for murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC) on the ground of self‑defence. The Supreme Court examined whether the shooting of the deceased, Rajendra,…
STATE OF U.P. AND ORS.versusVAM ORGANIC CHEMICALS LTD. AND ORS.
2006 INSC 70818 October 2006Disposed off
The State of Uttar Pradesh appealed against Vam Organic Chemicals Ltd., alleging that no payments had been made by the assessee due to stays and bank guarantees, and therefore no refund was due. The respondents filed interlocutory applications asserting that, contrary to the earlier finding, certain cash payments and b…
UNION OF INDIA AND ORS.versusASHOK KUMAR AND ORS.
2005 INSC 50618 October 2005Appeal(s) allowed
The case concerned the removal of a Deputy Inspector General of the Border Security Force (BSF), Ashok Kumar, for misconduct during a raid, including falsifying his presence, suppressing seizure details and staging a fake encounter. A Staff Court of Inquiry found him delinquent and the Director General (DG) of BSF, dee…
BALMIKI SINGHversusRAM CHANDER SINGH AND ORS.
2008 INSC 105518 September 2008Dismissed
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 Section 307 read wit…
STATE REP. BY INSPECTOR OF POLICE, TIRUCHYversusRETTAIMANDAIYAN @ MURUGAN
2008 INSC 105618 September 2008Appeal(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 Sub‑Inspector. The Madras High C…
SUGA RAM @ CHHUGA RAMversusSTATE OF RAJASTHAN AND ORS.
2006 INSC 62418 September 2006Case Partly allowed
The trial court acquitted four accused persons of offences under the IPC and the SC/ST Atrocities Act. The State of Rajasthan applied for leave to appeal under Section 378(3) CrPC, but the Rajasthan High Court dismissed the application without giving any reasons. The informant (appellant) had earlier filed a revision p…
LAXMANversusSTATE OF M.P.
2006 INSC 62518 September 2006Appeal(s) allowed
Laxman and several co‑accused shot arrows at a group during a dispute; one arrow struck the deceased, who died instantly. The trial court convicted them under sections 148, 302/149 and 324/149 IPC, and the High Court upheld a conviction of murder under section 302 IPC against Laxman. Laxman appealed, contending the inc…
GAJANAND AGARWALversusSTATE OF ORISSA AND ORS.
2006 INSC 62618 September 2006Appeal(s) allowed
The father of a deceased woman (Gajanand Agarwal) appealed against the Orissa High Court’s grant of bail to two accused (Bimal Kumar Khetan and Sunil Kumar Khetan) in a dowry‑death case involving offences under Sections 498A, 304B, 302, 406 IPC and Section 4 of the Dowry Prohibition Act. Earlier bail applications had b…
VINAY KUMAR RAI AND ANR.versusTHE STATE OF BIHAR
2008 INSC 94218 August 2008Dismissed
The appellants Ajeet Kumar Rai, Vinay Kumar Rai and Ashutosh Kumar Rai were convicted for the murder of Nanda Kumar Singh under Section 302 read with Section 34 of the IPC and for a violation of Section 27 of the Arms Act. The prosecution proved that the first two accused restrained the deceased, urged the third to fir…
PUNJAB STATE ELECTRICITY BOARDversusM/S SIEL LTD. AND ORS.
2008 INSC 94318 August 2008Appeal(s) allowed
The Punjab State Electricity Board appealed against the Punjab State Electricity Regulatory Commission’s tariff order, which had been upheld by the Punjab and Haryana High Court on the ground that the Commission failed to consider certain parameters. The industrial consumers (M/s SIEL Ltd. and others) had challenged th…
SUPERINTENDENT OF POLICE, KARNATAKA LOKAYUKTHA AND ANRversusB. SRINIVAS
2008 INSC 94418 August 2008Appeal(s) allowed
The case arose from a corruption investigation under the Prevention of Corruption Act, 1988 against B. Srinivas, an engineer, where the Superintendent of Police, Karnataka Lokayuktha authorized an Inspector to investigate and an FIR was lodged on 12 June 2000. Srinivas filed a petition under Section 482 of the CrPC see…
COMMNR. OF INCOME TAX-I, AHMEDABADversusGOLD COIN HEALTH FOOD PVT. LTD.
2008 INSC 93818 August 2008Disposed off
The assessee, Gold Coin Health Food Pvt. Ltd., filed a return showing a loss. The Income Tax Department levied a penalty under Section 271(1)(c) of the Income Tax Act, 1961, alleging concealment of income. The issues were whether the term “income” includes losses, whether the penalty can be imposed when the returned fi…
NORTHERN RAILWAY ADMINISTRATION, MINISTRY OF RAILWAY, NEW DELHIversusPATEL ENGINEERING COMPANY LTD.
2008 INSC 93918 August 2008Disposed off
The Supreme Court examined the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 concerning the appointment of arbitrators when the parties' agreed procedure fails. It held that the Chief Justice (or a person/institution designated by him) may make the appointment, but must do so with "due regard" to…
COMMISSIONER OF CENTRAL EXCISE, VADODARA-1versusM/S GUJARAT CARBON & INDUSTRIES LTD.
2008 INSC 94618 August 2008Dismissed
The respondents, Gujarat Carbon & Industries Ltd., had hired transport operators before 2003 and were served with a notice demanding service tax on the gross transport charges. The Commissioner of Central Excise relied on sections 70, 73, 76, 77 and 81 of the Finance Act, 1994 and on a retrospective amendment under sec…
TUNDAL (DEAD) BY L.RS. AND ORS.versusMUNSHI AND ORS.
2006 INSC 51818 August 2006Dismissed
The owners of agricultural land mortgaged the property and, after the mortgagor's death, the heirs filed a suit for redemption under the Punjab Redemption of Mortgages Act. The Collector dismissed the suit for lack of sufficient evidence, but did not record any findings on the merits. The heirs later filed a redemption…
DYANESHWAR RAMACHANDRA RAO PATANGEversusBHAGIRATHIBAI
2006 INSC 51918 August 2006Appeal(s) allowed
The plaintiff, a sister of the deceased brother, filed a suit for specific performance of a sale agreement concerning a house. The deceased had died leaving three sisters and his second wife, who had not remarried. The trial court upheld the suit, but the first appellate court held the plaintiff was not competent to su…
SUDAM GANPAT KUTWAL P.A. HOLDER OF SHANKAR SITARAM BHOSLEversusSHEVANTABAI TUKARAM GULUMKAR (DEAD) BY LR MARUTI SHANKAR PACHPUTE
2006 INSC 52418 August 2006Appeal(s) allowed
The appellant, a tenant of agricultural land, cultivated the land personally and was deemed to have purchased it under the Bombay Tenancy and Agricultural Lands Act, 1948, but his purchase right was postponed because the landlord was a widow. The widow exercised her right under Section 31(1) to take possession of half …
JAI SINGHversusUNION OF INDIA AND ORS.
2006 INSC 52618 August 2006Dismissed
The appellants, recruited as daily‑wage constables on an ad‑hoc basis in the CRPF's 124 Auxiliary Battalion, had their services terminated when the battalion was disbanded and a permanent battalion was raised. The termination was justified on the ground that their services were no longer required and that they were not…
BRIJ PAL SHARMAversusGHAZIABAD DEVELOPMENT AUTHORITY
2005 INSC 36418 August 2005Dismissed
The appellant, Brij Pal Sharma, had paid full consideration for a housing plot under two different schemes of the Ghaziabad Development Authority (GDA). In the first case the original Karpoori Puram Scheme was cancelled and a new scheme was launched, leading to a refund claim; in the second case possession could not be…
SRI PRAMOD KUMAR AGRAWAL AND ORS.versusSMT. MUSHTARI BEGUM AND ORS.
2004 INSC 45518 August 2004Leave Granted & Disposed off
A goods truck carrying passengers overturned, resulting in the death of a passenger. The claimants filed a petition under Section 166 of the Motor Vehicles Act seeking compensation. The Motor Accident Claims Tribunal and the Allahabad High Court held that the vehicle owner, not the insurer, was liable because the vehic…
MANJIT PRAKASH & ORSversusSHOBHA DEVI & ANR.
2008 INSC 84318 July 2008Case Allowed
The respondent filed a criminal case against her husband and his family. The accused were granted provisional bail on 3 May 2006, which was confirmed on 7 September 2006. The Patna High Court later cancelled the bail of three appellants without recording any reasons. The appellants appealed to the Supreme Court, conten…
NORTH WEST KARNATAKA ROAD TRANSPORT CORPN.versusH.H. PUJAR
2008 INSC 84418 July 2008Case Allowed
The respondent, a bus conductor, was found not to have issued tickets to 20 of 136 passengers when his bus was intercepted. A domestic enquiry concluded he was guilty and he was dismissed. The Labour Court set aside the dismissal, ordering reinstatement and back wages, on the ground that the cash bag and the ticket‑les…
COMMISSIONER OF INCOME TAX, DELHI-VIversusM/S ORIENTAL INSURANCE CO. LTD.
2008 INSC 84518 July 2008Case Partly allowed
The Commissioner of Income Tax (Delhi-VI) appealed against Oriental Insurance Co. Ltd., contending that the Revenue must obtain clearance from the Committee of Disputes (COD) within one month before filing appeals against a public sector undertaking. The Delhi High Court dismissed the appeals for not securing such clea…
STATE OF KARNATAKAversusBANTARA SUDHAKARA @ SUDHA & ANR.
2008 INSC 84218 July 2008Case Allowed
The State of Karnataka appealed the Karnataka High Court’s acquittal of two tailors accused of raping two girls. The trial court had convicted them under Section 376 of the Indian Penal Code, relying on school certificates and the headmaster’s testimony that the victims were under 16 years of age. The High Court revers…
ALEQUE PADAMSEE AND ORS.versusUNION OF INDIA AND ORS.
2007 INSC 76018 July 2007Disposed off
The petitioners alleged that the police in Maharashtra and Gujarat failed to register FIRs against two respondents for alleged communal speeches constituting cognizable offences and also failed to grant sanction under Section 196 of the CrPC. They sought a writ under Article 32 directing the police to register the FIRs…
STATE OF MAHARASHTRAversusRAJU BHASKAR POTPHODE
2007 INSC 76218 July 2007Dismissed
The State of Maharashtra charged Raju Bhaskar Potphode with murder under Section 302 IPC for allegedly stabbing Sunil Gore during a cricket match dispute. The trial court convicted Potphode based primarily on the testimony of PW‑2, a close relative of the deceased, despite other witnesses recanting their statements. On…
MICROWAVE PROJECT, KOTA AND ANR.versusRAMESH CHAND
2007 INSC 76318 July 2007Appeal(s) allowed
Ramesh Chand was engaged as a casual labourer for a specific microwave project and worked for more than 240 days before the project was completed and the office was abolished. He challenged his termination, arguing that it violated the mandatory requirements of Section 25-F of the Industrial Disputes Act, 1947. The Ind…
UNION OF INDIA AND ORS.versusCAPT. SATENDRA KUMAR
2006 INSC 44418 July 2006Appeal(s) allowed
The respondent, a commissioned officer in the Indian Army, was required to pass the Part B promotional examination within 13 years of service. He falsely claimed to have passed Part B and applied for the Part D exam, leading to a show‑cause notice and a severe displeasure award. While his case was pending, the Governme…
STATE OF GUJARAT AND ANR.versusKARSHANBHAI K. RABARI AND ORS.
2006 INSC 44518 July 2006Appeal(s) allowed
The State of Gujarat challenged a Gujarat High Court Division Bench order that had granted daily wage workers, who were temporarily appointed on a work‑charge basis, the same benefits as regular government employees under a 1988 Government Resolution. The Division Bench had set aside a Single Judge’s dismissal of the w…
UNION OF INDIAversusSHRI AVTAR SINGH
2006 INSC 44618 July 2006Appeal(s) allowed
The respondent, Shri Avtar Singh, applied for a pension under the Swatantrata Sainik Samman Pension Scheme, 1980, claiming imprisonment during the freedom struggle. Although a pension was initially granted, the authorities later cancelled it upon discovering that the respondent had given two different periods of impris…
RIZWAN AKBAR HUSSAIN SYYEDversusMEHMOOD HUSSAIN AND ANR.
2007 INSC 62918 May 2007Case Partly allowed
Rizwan Akbar Hussain Syyed was arrested for offences under the IPC and was released on bail by the Additional Chief Metropolitan Magistrate on 10 February 2006 upon furnishing a Rs 10,000 surety, without any specific conditions. The complainant filed an application for cancellation of bail, and a notice was served; the…
CATERPILLAR INDIA PVT. LTD.versusWESTERN COAL FIELDS LTD. AND ORS.
2007 INSC 63018 May 2007Disposed off
The petitioners, a private firm (Caterpillar) and a public sector enterprise (Bharat Earth Movers Ltd.), challenged a series of Government Office Memoranda that granted purchase preference to public sector enterprises (PSEs) in procurement of earth‑moving machines by coal‑field companies. They argued that the substitut…
COMMISSIONER OF AGRICULTURAL INCOME TAXversusM.N.MONI
2007 INSC 62718 May 2007Disposed off
The Commissioner of Agricultural Income Tax appealed against a Kerala High Court order that set aside the findings of the Assessing Officer and the Agricultural Income Tax Appellate Tribunal, which had estimated income from 60.79 acres of coffee. The High Court had decided, on a reference under Section 60 of the Kerala…
UNION OF INDIA AND ORS.versusA.N. MOHANAN
2007 INSC 43318 April 2007Appeal(s) allowed
The Union of India appealed against a decision of the Kerala High Court that had upheld the Central Administrative Tribunal’s order granting the respondent, A.N. Mohanan, promotion retroactively to 1 November 1999 despite a penalty of censure imposed during a pending departmental inquiry. The Court examined Rule 3.1 of…
V.R. SUDHAKARA RAO AND ORS.versusT.V. KAMESWARI
2007 INSC 43418 April 2007Dismissed
The case involved two related suits concerning a plot of land: one for recovery of possession and a permanent injunction, and another for specific performance of an alleged oral agreement of sale. The plaintiff claimed the defendants had constructed a compound wall on his plot, while the defendants asserted that an ora…
M/S. S.V. TANK & VESSEL PVT. LTD.versusENGINEERING WORKERS ASSOCIATION
2005 INSC 21318 April 2005Disposed off
The employer, Mis. S.V. Tank & Vessel Pvt. Ltd., retrenched 33 employees and faced a strike. The Engineering Workers Association filed a complaint in the Industrial Court challenging the retrenchment, alleging it was illegal. The Industrial Court set aside the retrenchment and ordered back wages and other benefits, but…
RAMESHWAR DAYAL MANGALA @ RAMESH CHANDversusHARISH CHAND & ANR.
2009 INSC 36218 March 2009
The plaintiff filed a suit for mandatory injunction which was decreed in his favour by the trial court. The decree was appealed first to an Additional District Judge, who allowed the appeal, and subsequently a second appeal was filed under Section 100 of the CPC before the Punjab & Haryana High Court. The High Court en…
SHEKARAversusSTATE OF KARNATAKA
2009 INSC 21118 February 2009Dismissed
The appellant, Shekara, was convicted by a trial court and affirmed by the Karnataka High Court for raping a girl under 16 years of age and later intimidating the victim and her mother, under sections 376, 448, 506 (with 34) IPC, and sentenced to five years' rigorous imprisonment. On appeal before the Supreme Court, it…
BHOLA@ PARAS RAMversusSTATE OF H.P.
2009 INSC 21218 February 2009Dismissed
Three accused (Bhola, Prithu and Dharmu) were tried for murder under Sections 302 and 34 of the IPC. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I IPC read with Section 34, relying on eye‑witness testimony despite some omissions a…
CHHOTANNEY & ORS.versusSTATE OF UTTAR PRADESH & ORS.
2009 INSC 21318 February 2009Dismissed
The Supreme Court examined an appeal against convictions for murder under IPC sections 302 r/w 201, 148, 149 and 147. The prosecution's case rested on three eye‑witnesses who positively identified the accused, while the defence contended that the post‑mortem medical findings conflicted with the ocular evidence. The Cou…