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ARIJIT PASAYAT

1966 judgments · newest first · showing 601–800

C. KRISHNAN AND ORS.versusKISTAMMAL AND ORS.

2008 INSC 1044Disposed off

The case concerned a family dispute over the division of ancestral property, split into items 1‑9 and item 10. The trial court decreed the suit, granting declaration and injunction, and the first appellate court affirmed the decree. The respondents filed a second appeal before the Madras High Court, …

RANJIT SINGHversusSTATE OF HARYANA

2008 INSC 1030Dismissed

In 1993 Ranjit Singh, then about 17 years old, was convicted of murder and related offences under the IPC and sentenced to life imprisonment. He appealed, contending that he was a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 and that Section 20 of that Act should …

INSPECTOR OF POLICE, TAMIL NADUversusMUTHUSAMY AND ANR.

2008 INSC 1027Dismissed

The deceased was alleged to have been throttled and poisoned by his father and brother, who were the accused. The forensic laboratory report found no poison, leading the prosecution to abandon the poison allegation and rely on purported extra‑judicial confessions for conviction under IPC s.302 read …

GLAXO SMITH KLINE PLC AND ORS.versusCONTROLLER OF PATENTS & DESIGNS AND ORS.

2008 INSC 1028Appeal(s) allowed

Glaxo Smith Kline PLC and others applied for a patent and an Exclusive Marketing Right (EMR) in 1998‑2000. The Controller of Patents rejected the EMR in 2002; the applicants filed writ petitions and a Calcutta High Court Single Judge set aside the rejection and remanded the matter. The Controller …

STATE OF U.P.versusAWDHESH

2008 INSC 1024Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Awdhesh, who had been convicted for dacoity under Section 396 IPC. The trial court had sentenced him to life imprisonment, but the High Court set aside the conviction, citing inconsistencies in the prosecution's evidence and …

UNION OF INDIA & ORS.versusPRIYANKAN SHARAN AND ANR.

2008 INSC 1022Dismissed

The petitioners, who had taken admission to the Armed Forces Medical College on a service bond, were declared medically unfit (Non‑Service Liability) under Clause 4(a) of the bond. The bond required payment of a specified amount under Clause 6 unless the proviso to Clause 4(a) applied, which …

JOGINDER @ JINDIversusSTATE OF HARYANA

2008 INSC 1023Disposed off

Joginder was charged with alleged bailable offences and filed a petition under Section 438 of the Code of Criminal Procedure seeking pre‑arrest bail. The High Court ordered his custodial interrogation, treating the petition as valid. The Supreme Court held that Section 438 applies only to …

RAVIversusSTATE REP. BY INSPECTOR OF POLICE

2008 INSC 1016Dismissed

The appellants were convicted of murder under Section 302 IPC for the killing of Albert Walter, based primarily on the testimony of PW‑1, the deceased's brother, who identified the accused and asserted that sufficient street lighting enabled him to see the incident. The appellants challenged the …

SHIVAJI @ DADYA SHANKAR ALHATversusTHE STATE OF MAHARASHTRA

2008 INSC 1019Dismissed

The appellant, Shivaji @ Dadya Shankar Alhat, was convicted of raping and murdering a nine‑year‑old girl and sentenced to death under Sections 302 and 376(2)(5) IPC. The prosecution case rested entirely on circumstantial evidence, including eyewitnesses who saw the accused with the victim, the …

JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.

2008 INSC 1014Appeal(s) allowed

The petitioners filed a writ petition challenging the amendment of Regulation 33(7) of the Development Control Regulations, 1991 (Greater Mumbai), alleging that it was being misused to demolish privately owned, sound pre‑1940 buildings and that the regulation imposed unreasonable side‑space …

GOPI KRISHNA TRIVEDIversusSUDAMA PRASAD OJHA

2008 INSC 1002Dismissed

In a suit for specific performance of a sale of immovable property, the parties entered into an oral agreement and later produced a written document containing the terms and conditions of that agreement along with rent receipts. The trial court refused to impound the documents, holding they were not …

STATE OF PUNJABversusRAKESH KUMAR

2008 INSC 997Case Partly allowed

The accused, Rakesh Kumar, was convicted under Sections 366 and 376 of the Indian Penal Code for kidnapping and rape of a girl who was under sixteen years of age. The trial court sentenced him to three years rigorous imprisonment for the kidnapping and seven years for the rape; the Punjab and …

HARI SINGH GONDversusSTATE OF M.P.

2008 INSC 998Dismissed

Hari Singh Gond was convicted of murder and related offences for beating his father‑in‑law, Harilal Gond, and setting fire to the house, resulting in the victim's death. The appellant claimed protection under Section 84 of the Indian Penal Code, asserting that he was of unsound mind at the time of …

STATE OF U.P.versusMUNSHI

2008 INSC 989Appeal(s) allowed

The trial court convicted two accused under Sections 363, 366 and 376 of the Indian Penal Code for raping a girl aged about 17 years. The Allahabad High Court set aside the conviction, acquitting the accused on the basis that the girl was a consenting adult and that there was no reliable evidence of …

STATE OF U.P.versusRAJA @ JALIL

2008 INSC 987Dismissed

The State of Uttar Pradesh alleged that the accused, Raja (also known as Jalil), abducted an 11‑year‑old girl, attempted to rape her and subsequently killed her. The trial court convicted him under IPC sections 302, 376 and 511, relying on circumstantial evidence and an alleged extra‑judicial …

STATE OF H.P.versusSURESH KUMAR @ CHHOTU

2008 INSC 984Dismissed

The trial court convicted Suresh Kumar (Chhotu) under Sections 363, 366, 368 and 376 of the IPC for kidnapping and rape of a girl, sentencing him to seven years' rigorous imprisonment. On appeal, the Himachal Pradesh High Court acquitted him, holding that the victim was over sixteen years of age and …

STATE OF M.P.versusMUNNIBAI & ANR.

2008 INSC 985Dismissed

The State of Madhya Pradesh charged Munni Bai and others with murder and culpable homicide by poisoning under Sections 302, 328 and 34 of the Indian Penal Code. The trial court convicted them based largely on the testimony of Munni Bai, who claimed the poison was mixed in a halua she had tasted. On …

STATE OF HIMACHAL PRADESHversusSARDARA SINGH

2008 INSC 983Appeal(s) allowed

Sardara Singh was acquitted by the trial court of offences under Section 15 of the NDPS Act. The State of Himachal Pradesh filed an application under Section 378(3) of the CrPC seeking leave to appeal the acquittal. The Himachal Pradesh High Court dismissed the application summarily with a one‑word …

CHATTAR SINGH AND ANR.versusSTATE OF HARYANA

2008 INSC 977Case Partly allowed

Chattar Singh (husband) and his father‑in‑law Mange Ram were convicted for the murder of Guddi and her infant daughter Poonam, whose bodies were found in a well. The prosecution relied on circumstantial evidence, the "last seen" theory, post‑mortem findings of smothering, and extra‑judicial …

BASUDEO YADAVversusSURENDRA YADAV & ORS.

2008 INSC 971Appeal(s) allowed

The case concerns the murder of Vyasdeo Yadav, who was allegedly dragged and shot by a group of armed men. The trial court convicted the accused under sections 364 r/w 302, 302 r/w 149, 201 and 148 IPC, but the Patna High Court acquitted them, holding that identification was impossible and that …

GOONDLA VENKATESWARLUversusSTATE OF A.P. AND ANR.

2008 INSC 972Appeal(s) allowed

The Assistant Commissioner of Commercial Taxes, GOONDLA VENKATESWARLU, inspected a business premises and later faced a criminal complaint alleging forcible seizure of books and extortion under IPC sections 448, 380, 384 and 506. The complaint was challenged on the ground that Section 37 of the …

KRANTIKARI SURAKSHA RAKSHAK SANGHATANAversusBHARAT SANCHAR NIGAM LTD. AND ORS .

2008 INSC 965Dismissed

The Supreme Court examined whether a security guard allotted by the Maharashtra Private Security Guards Board to a principal employer becomes the employee of that employer, thereby stripping the Board of its power to recall, re‑allot or transfer the guard. The petitioners, trade unions, argued that …

B. VENKAT SWAMYversusVIJAYA NEHRU AND ANR.

2008 INSC 966Dismissed

The father of a deceased woman appealed against the acquittal of her husband and his mother, who had been charged under IPC sections 302, 498A and Section 4 of the Dowry Prohibition Act for alleged dowry harassment and murder. The deceased was found hanging in a bedroom, and the trial court had …

M/S. TOYOTA MOTOR CORPORATIONversusCOMMNR. OF INCOME TAX

2008 INSC 974Dismissed

Mis. Toyota Motor Corporation appealed against the Commissioner of Income Tax after the Assessing Officer dropped penalty proceedings under Section 263 of the Income Tax Act. The Tribunal had held that initiating the proceedings was impermissible given the materials the assessee had placed before …

RAM PYARE MISHRAversusPREM SHANKER AND ORS.

2008 INSC 962Appeal(s) allowed

The case arose from a violent incident on 12 July 1978 in which two brothers, Prem Shanker and Hari Shanker, armed with a knife and a lathi, assaulted and caused the death of Mohan Mishra. The trial court convicted them under Section 302 read with Section 34 IPC, but the Allahabad High Court …

MONOTOSH SAHAversusSPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.

2008 INSC 959Disposed off

Monotosh Saha was penalised Rs 25 lakhs for alleged contravention of Section 8(1) of the Foreign Exchange Regulation Act, 1973. The Special Director ordered the penalty and the Appellate Tribunal required a 60% pre‑deposit to entertain the appeal. Saha contended that the pre‑deposit caused undue …

RAM TAWEKYA SHARMAversusSTATE OF BIHAR & ORS.

2008 INSC 956Dismissed

Three police constables were accused of robbery under Sections 392 and 411 of the Indian Penal Code. While the criminal trial was pending, the authorities initiated departmental proceedings under the Bihar Police Manual. The constables were later acquitted in the criminal case, but the departmental …

IQBAL SINGHversusSTATE OF PUNJAB

2008 INSC 960Case Partly allowed

The appellants, who were first cousins of the complainant, removed tubewell pipes from a piece of common land while armed with spades. When the complainant party intervened and objected, a verbal altercation escalated into a physical fight, during which the deceased Sikander Singh was killed and two …

HARDIP SINGHversusSTATE OF PUNJAB

2008 INSC 950Dismissed

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 …

RANGNATH SHARMAversusSATENDRA SHARMA & ORS.

2008 INSC 951Appeal(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 …

GUNNANA PENTAYYA @ PENTADU & ORS.versusSTATE OF A.P.

2008 INSC 952Dismissed

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 …

GANESHversusSTATE OF KARNATAKA AND ORS.

2008 INSC 953Dismissed

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, …

VINAY KUMAR RAI AND ANR.versusTHE STATE OF BIHAR

2008 INSC 942Dismissed

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, …

PUNJAB STATE ELECTRICITY BOARDversusM/S SIEL LTD. AND ORS.

2008 INSC 943Appeal(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 …

SUPERINTENDENT OF POLICE, KARNATAKA LOKAYUKTHA AND ANRversusB. SRINIVAS

2008 INSC 944Appeal(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 …

COMMNR. OF INCOME TAX-I, AHMEDABADversusGOLD COIN HEALTH FOOD PVT. LTD.

2008 INSC 938Disposed 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 …

MALWA COTTON & SPINNING MILLS LTD.versusVIRSA SINGH SIDHU & ORS.

2008 INSC 934Appeal(s) allowed

The Supreme Court examined an appeal by Malwa Cotton & Spinning Mills Ltd. against the Punjab and Haryana High Court’s order quashing criminal proceedings under Section 138 of the Negotiable Instruments Act against its former director, Virsa Singh Sidhu. The director claimed to have resigned before …

M/S. SANDUR MICRO CIRCUITS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, BELGAUM

2008 INSC 935Dismissed

The appellant, Sandur Micro Circuits Ltd., challenged a decision of the Customs, Excise and Service Tax Appellate Tribunal which held that Circular No. 42 of 1997 issued by the Central Board of Excise and Customs conflicted with Notification No. 2/95‑CE (and its amendments) issued under Section …

GRID CORPORATION OF ORISSA LTD.versusGAJENDRA HALDEA AND ORS.

2008 INSC 936Disposed off

The case concerned a petition filed by Gajendra Haldea before the Central Electricity Regulatory Commission (CERC) under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003, seeking that Grid Corporation of Orissa Ltd (GRIDCO) adhere to a 4 paise per unit trading margin prescribed by …

ARJUN MAHTOversusSTATE OF BIHAR

2008 INSC 937Dismissed

On 15 March 1983, a group of armed men entered the house of the informant Yusuf Ali Khan, injured him, his father and brother, and looted household property, constituting a dacoity. The trial court convicted five appellants under Section 396 IPC, later altered by the High Court to Section 395 IPC …

AIZAZ & ORS.versusSTATE OF U.P.

2008 INSC 927Dismissed

The appellants Aizaz and others were convicted for murder and attempt to murder of Ismail under Sections 302 and 307 read with Section 34 of the Indian Penal Code. The trial court’s conviction was affirmed by the High Court, which acquitted one accused (A-4). On appeal, the Supreme Court examined …

VASUDEVversusPARVINDER KUMAR & ORS.

2008 INSC 928Disposed off

The appellant, Vasudev, filed a criminal miscellaneous application under Section 91 of the CrPC alleging that the father of respondents forged the mother’s signature to withdraw money from her bank account, leading to FIR No.61 dated 13‑03‑2002. The trial court disposed of the application with …

STATE (NCT OF DELHI)versusAHMED JAAN

2008 INSC 929Appeal(s) allowed

The State of NCT of Delhi filed a criminal revision petition against the discharge of Ahmed Jaan, who was charged with offences under Sections 121, 121A, 122, 124A and 120B of the IPC for alleged terrorist activities. The trial court discharged him for lack of prima facie evidence. The State’s …

SALIM AND ORS.versusSTATE OF HARYANA

2008 INSC 922Disposed off

The case involved a land dispute in which the accused, including Salim, armed themselves and fired upon the complainant's party, resulting in the death of Abdul Gafar. The trial court convicted Salim under sections 302, 203/149, 307/149, 323/149, 325/149 IPC and the Arms Act, while other accused …

STATE OF PUNJAB REP. THROUGH SECRETARYversusRAJ KUMAR AND ORS.

2008 INSC 923Case Partly allowed

The deceased Sunita, married to Raj Kumar, was allegedly set on fire by her mother‑in‑law amid dowry disputes. While on her death‑bed she gave a dying declaration identifying her husband and his parents as the assailants; the statement was recorded by police and a magistrate. The trial court …

N.T.P.C. & ORSversusBADRI SINGH THAKUR & ORS.

2008 INSC 924Appeal(s) allowed

The petitioners, electricians employed through a contractor for the National Thermal Power Corporation (NTPC), sought to be absorbed as workmen of the corporation, arguing that the Madhya Pradesh Industrial Relations Act, 1960 applied to them and that contract labour should be abolished. NTPC …

MANIVEL & ORS.versusSTATE OF TAMIL NADU

2008 INSC 918Dismissed

The accused Manivel and others were convicted of murder and abetment under Sections 302 and 201 IPC based on circumstantial evidence that the victim was last seen with them at night and his body was found the next morning. The appellants challenged the conviction, arguing that the "last seen" theory …

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2008 INSC 917IA disposed

The Supreme Court considered an interlocutory application filed by Sterlite Industries (Siil) seeking clarification on the rehabilitation package and the proposed transfer of the Niyamgiri bauxite mining lease to a Special Purpose Vehicle (SPV) as suggested by the Central Empowered Committee (CEC). …

M/S. GAIL (I) LTD.versusBAL KISHAN AGARWAL GLASS INDUSTRIES LTD.

2008 INSC 915Disposed off

GAIL (I) Ltd. entered into a gas‑supply agreement with Bal Kishan Agarwal Glass Industries Ltd., but the gas meter was repeatedly found tampered, leading to successive disconnections. The respondent filed a civil suit seeking reconnection of gas without any payment or security, even though …

INDERJEET AND ANRversusUNION OF INDIA AND ORS.

2008 INSC 916Dismissed

Inderjeet Singh and Varinder Singh were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling gold. They made representations to the detaining authorities, the Advisory Board and the Central Government seeking …

DEVIDAS RAMSUNDER SHUKLAversusSTATE OF MAHARASHTRA

2008 INSC 911Dismissed

The appellant, Devidas Ram Sunder Shukla (A‑2), together with his son Santosh Devidas Shukla (A‑1) and two others, were convicted under IPC sections 302, 202 and 34 for the murder of Manoja, who was burnt to death in the house they shared. The prosecution relied entirely on circumstantial evidence, …

PRIYA VRAT SINGH & ORS.versusSHYAM JI SAHAI

2008 INSC 906Appeal(s) allowed

The appellants, Priya Vrat Singh and others, sought to quash criminal proceedings filed under Sections 494, 120B and 109 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for alleged dowry harassment and bigamy. The High Court had dismissed their Section 482 CrPC application, but the …

BALJINDER SINGHversusRATTAN SINGH

2008 INSC 907Disposed off

The case concerned the alienation of undivided co‑parcenary property by a Hindu coparcener through a gift deed, two sale deeds and a will. The Supreme Court held that a gift by a coparcener of his undivided interest in joint family property is void, and that the validity of the sale deeds must be …

BANGARU VENKATA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 909Case Partly allowed

Bangaru Venkata Rao was convicted of murder under Section 302 IPC for stabbing his wife Polamma, who later died. He appealed, claiming the act was in private defence and that only a single blow was given in a sudden quarrel, invoking Exception 4 of Section 300 IPC. The Supreme Court examined the …

STATE OF MADHYA PRADESHversusPAPPU @ AJAY

2008 INSC 897Case Allowed

The accused, Pappu@Ajay, was convicted by the trial court for offences under Sections 376(1) read with 511, 324 and 452 of the Indian Penal Code and sentenced to four years of rigorous imprisonment along with fines. The High Court, noting that the accused had already served about five months and 25 …

DINESH SINGHversusSTATE OF U.P.

2008 INSC 898Dismissed

The appellant Dinesh Singh and several co‑accused fired at a man identified as Juguntha, who died from a gunshot wound. The trial court acquitted all accused, but the Allahabad High Court convicted Dinesh Singh under Section 304 Part II IPC while acquitting the others, holding that the evidence …

STATE OF RAJASTHANversusGAJENDRA SINGH

2008 INSC 899Case Partly allowed

The appellant State of Rajasthan convicted Gajendra Singh under Sections 376, 323 and 341 of the Indian Penal Code, sentencing him to ten years rigorous imprisonment for rape and six months for the other offences. The High Court reduced the rape sentence to five years, invoking the proviso to …

BALDEV SINGHversusSTATE OF PUNJAB

2008 INSC 900Disposed off

Baldev Singh was convicted under Section 304‑B IPC for the death of his wife Satwant Kaur, who died by poisoning within two years of marriage. The prosecution proved that she was repeatedly harassed for dowry, including demands for a fridge, TV and a cash amount, in addition to a claim on her share …

DINESH KUMARversusSTATE OF RAJASTHAN

2008 INSC 901Dismissed

Dinesh Kumar and four others were charged with murder, attempted murder and related offences under Sections 302, 307, 324, 148, 452, 323 read with 149 of the IPC. The trial court convicted all five, but the Rajasthan High Court acquitted four co‑accused while upholding Dinesh Kumar's conviction. The …

I. RAVINDRA REDDYversusSHAIK. KHADER MASTHAN AND ORS.

2008 INSC 904Case Allowed

The case involved the murder of a man (the deceased) who was last seen with accused A‑1 and A‑2. The prosecution relied on circumstantial evidence: the victims' last sighting with the accused, purchase of knives by the accused, discovery of a skeleton and burnt items, and identification of the …

SATYA NARAIN YADAVversusGAJANAND AND ANR.

2008 INSC 887Dismissed

The case arose from the murder of Devi Lal, who was killed by Gajanand with an axe while a dispute over grazing goats escalated. The trial court convicted Gajanand under s.302 IPC and sentenced him to life imprisonment, but the Rajasthan High Court acquitted him, accepting his claim of exercising …

VALSON AND ANR.versusSTATE OF KERALA

2008 INSC 888Dismissed

The State of Kerala appealed a trial court acquittal of Valson and others for offences including murder (IPC s.302) and assault (s.324) read with s.34. The High Court reversed the acquittal, convicting two accused and sentencing them to life imprisonment. The Supreme Court examined the scope of …

STATE OF HARYANAversusMAI RAM SON OF MAM CHAND

2008 INSC 883Case Allowed

The State of Haryana secured a conviction under Section 17 of the NDPS Act for possession of 1.5 kg of opium seized after police stopped the accused at a railway station on suspicion. The Punjab and Haryana High Court acquitted the accused, holding that Section 50 of the NDPS Act was violated, that …

COMMNR. OF SALES TAX, U.P.versusM/S HIND LAMPS LTD.

2008 INSC 884Case Allowed

The Commissioner of Sales Tax, Uttar Pradesh, appealed against a judgment of the Allahabad High Court which had allowed M/s Hind Lamps Ltd. to adjust alleged refundable tax amounts against tax payable for April, May and August 1977. The dealer claimed refunds for assessment years 1968-69 to 1971-72 …

SHIVJEE SINGH AND ORS.versusSTATE OF BIHAR

2008 INSC 879Disposed off

The case arose from a violent incident on Holi in 1993 where Satya Narain Singh and his son Ambika Singh, along with several others, threw stones at a house and Ambika Singh fired a gun, killing one person and injuring others. The trial court convicted the accused under Sections 302, 148, 149 of the …

PONNAM CHANDRAIAHversusSTATE OF A.P.

2008 INSC 880Case Partly allowed

Sixteen accused attacked the deceased with weapons, leading to his death. The trial court convicted all under sections 147, 148, 149, 302 and related provisions, and the High Court upheld convictions of some while acquitting others. On appeal, the Supreme Court examined whether the relatives of the …

GODREJ PACIFIC TECH. LTD.versusCOMPUTER JOINT INDIA LTD.

2008 INSC 881Case Allowed

Godrej Pacific Tech Ltd. applied to the trial court for re‑examination of certain witnesses under Section 311 of the Code of Criminal Procedure, 1973. The trial court rejected the application, and the Punjab and Haryana High Court upheld that rejection. On appeal, the Supreme Court examined the …

NASIRUDOIN KHAN AND ORS.versusSTATE OF BIHAR

2008 INSC 873Disposed off

The appellants attacked an informant and his brothers with weapons over a land dispute, causing injuries that led to a police complaint. They claimed they acted in private defence, but the trial court convicted one appellant under IPC Section 304 Part I (culpable homicide not amounting to murder) …

KERALA STATE ELECTRICITY BOARDversusC.P. SIVASANKARA MENON

2008 INSC 874Appeal(s) allowed

The Kerala State Electricity Board (KSEB) cut several fruit‑bearing trees, including rubber, coconut, pepper vines, and mango trees, to lay a 220 kV transmission line. The landowners claimed compensation for loss of yield, future age of the trees, and interest, contending that the High Court's award …

NUNE PRASAD AND ORS.versusNUNE RAMAKRISHNA

2008 INSC 875Disposed off

The appellant-plaintiffs Nune Prasad & Ors filed a suit asserting ownership of a property. The trial court and the first appellate court upheld their claim. The defendant filed a second appeal under Section 100 of the Code of Civil Procedure before the High Court, which set aside the lower judgments …

BEHARI KUNJ SAHKARI AVAS SAMITIversusSTATE OF U.P. & ORS.

2008 INSC 868Dismissed

The dispute concerned a four‑bigha property in Agra that became evacuee property after the owner migrated to Pakistan and vested in the Custodian of Evacuee Property. The land was auctioned in 1955 under the Displaced Persons (Compensation and Rehabilitation) Act, 1955 and allotted to a displaced …

M/S. PIOMA INDUSTRIES ETC. ETC.versusSTATE OF KERALA

2008 INSC 869Case Partly allowed

Mis. Pioma Industries and Mis. Rasna Pvt. Ltd appealed against the State of Kerala challenging the tax classification of "Rasna" under the Kerala General Sales Tax Act, 1963. The assessing officer, the first appellate authority, the Tribunal and the Kerala High Court had held that Rasna, a powdered …

STATE OF HARYANAversusSHIBU @ SHIV NARAIN AND ORS.

2008 INSC 866Dismissed

The State of Haryana appealed the acquittal of Shibu alias Shiv Narain and two others who were charged with murder of Vijay under IPC s.302, s.34. The trial court had convicted them, but the Punjab & Haryana High Court acquitted, holding that the alleged eye‑witnesses were not present and that the …

SURAJ SINGHversusARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.]

2008 INSC 863Dismissed

Suraj Singh and his wife were tried for the murder of Jagat Singh. The trial court acquitted both, relying on a perceived discrepancy between eye‑witness testimony and medical evidence. The Allahabad High Court set aside Suraj Singh's acquittal, convicted him under s.302 IPC and sentenced him to …

NATIONAL INSURANCE CO. LTD.versusGULAB NABI AND ANR.

2008 INSC 864Appeal(s) allowed

The Commissioner under the Workmen's Compensation Act, 1928 awarded compensation to the claimant and directed National Insurance Co. Ltd. to pay. The insurer appealed the award under section 30 of the Act. The Allahabad High Court dismissed the appeal summarily, without giving any reasons and …

MANGOO @ MANGAL SINGHversusSTATE OF M.P.

2008 INSC 865Appeal(s) allowed

Five persons were tried for murder under s.302 read with s.149 IPC. The trial court convicted all and sentenced them to life imprisonment. The High Court dismissed the appeal, upholding the conviction. Three of the accused filed Special Leave Petitions, and this Court altered their conviction to …

MUNIGADPPA MEENAIAHversusTHE STATE OF ANDHRA PRADESH

2008 INSC 858Dismissed

Munigadapa Meenaiah was convicted of murdering his brother's widow, Yellamma, by striking her with a pestle after suspecting her fidelity. The prosecution relied on the testimony of Yellamma's sons (PW1 and PW10) and a toddy shopkeeper (PW2) who saw the accused and the deceased together, the …

BANTUversusTHE STATE OF U.P.

2008 INSC 859Dismissed

The appellant Bantu was convicted of raping a five‑year‑old girl and murdering her by inserting a wooden stick into her vagina, leading to her death. The trial court sentenced him to death under IPC sections 302, 376 and 364, a decision affirmed by the High Court. On appeal, the Supreme Court …

RAJ RAJENDRA SINGH SETH @ R.R.S. SETHversusTHE STATE OF JHARKHAND AND ANR.

2008 INSC 855Dismissed

Doctor R.R.S. Seth demanded Rs 500 from a relative of a patient for proper medical treatment, directing the payment to be made to his ward boy Nag Narain who would pass it on. A CBI‑led trap recovered the money and the doctor and ward boy were arrested. They were convicted under IPC sections 1208 …

SONELALversusSTATE OF M.P.

2008 INSC 856Dismissed

The appellant Sone Lal was convicted of murdering Ram Khilawan after the victim's wife and son testified that he stabbed the deceased three times. The trial court, supported by forensic evidence linking the blood on the knife to the victim, sentenced him to life imprisonment, a decision affirmed by …

SHAMBHOO SINGHversusSTATE OF RAJASTHAN

2008 INSC 857Case Partly allowed

Shambhoo Singh was convicted of murder (Sec. 302 IPC) and offences under Secs. 447, 307 and 324 for stabbing his neighbour during a land dispute. The trial court sentenced him to life imprisonment for murder and additional terms for the other offences. The appellant argued that the killing occurred …

CENTRAL BUREAU OF INVESTIGATION, NEW DELHIversusM.N. SHARMA

2008 INSC 848Case Allowed

The respondent, a Sub‑Registrar, was convicted by a Special Judge under the Prevention of Corruption Act, 1988 and Section 120‑B IPC and sentenced to rigorous imprisonment. While his appeal was pending, he filed an application under Section 389(1) read with Section 482 of the CrPC seeking suspension …

STATE OF U.P. AND ANR.versusNITIN AGNIHOTRI AND ANR.

2008 INSC 849Case Allowed

The father (respondent No.2) lodged an FIR under Section 366 IPC alleging that Nitin Agnihotri (respondent No.1) abducted his daughter. The High Court quashed the FIR and, despite finding no police lapse, imposed a cost of Rs.50,000 on the State and the complainant. The State appealed, contending …

INSPECTOR OF POLICE, TAMIL NADUversusBALAPRASANNA

2008 INSC 850Dismissed

The case involved the murder of Mayurani, a Sri Lankan student, and the conviction of Balaprasanna under Section 302 IPC based primarily on circumstantial evidence and confessional statements that led to the recovery of various items. The prosecution relied on statements made by the accused while in …

C.K. GANGADHARAN & ANR.versusCOMMISSIONER OF INCOME TAX, COCHIN

2008 INSC 846Reference answered

The Supreme Court was asked to consider whether the Revenue Department could be barred from filing an appeal in a tax matter merely because it had not appealed in other similar cases. The Court examined a series of conflicting High Court decisions and earlier Supreme Court judgments on the …

MANJIT PRAKASH & ORSversusSHOBHA DEVI & ANR.

2008 INSC 843Case 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 …

NORTH WEST KARNATAKA ROAD TRANSPORT CORPN.versusH.H. PUJAR

2008 INSC 844Case 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 …

COMMISSIONER OF INCOME TAX, DELHI-VIversusM/S ORIENTAL INSURANCE CO. LTD.

2008 INSC 845Case 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 …

STATE OF KARNATAKAversusBANTARA SUDHAKARA @ SUDHA & ANR.

2008 INSC 842Case 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. …

KANDASWAMYversusSTATE OF TAMIL NADU

2008 INSC 839Appeal(s) allowed

The appellant Kandaswamy was convicted by the trial court for murder under Section 302 of the Indian Penal Code after allegedly cutting the deceased Alagarsamy, leading to his instantaneous death. On appeal, the central issue was whether the facts satisfied the legal requirements for murder or …

ASRAF ALIversusSTATE OF ASSAM

2008 INSC 840Case Allowed

The appellant Asraf Ali was charged with murder of Khairul Hoque and was convicted by the trial court under IPC s.304(Part I) and later by the High Court under s.304(Part II). The conviction was based on circumstantial evidence, but the Supreme Court observed that during the examination under …

M/S. SUMANGALIversusREGIONAL DIRECTOR, E.S.I. CORPORATION

2008 INSC 841Dismissed

The Supreme Court considered appeals by three textile-related entities challenging the Employees' State Insurance Corporation's decision to club them with other establishments for ESI coverage. The lower courts had found that the units shared a common entrance, staircase, office space, electricity, …

KULDEEP SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 837Dismissed

The appellant, Kuldeep Singh, was the driver of a truck carrying a marriage party of about fifty people when the vehicle allegedly lost control, rolled over and caused the death of four persons and injuries to many others. He was acquitted by the trial court, but the Himachal Pradesh High Court …

STATE OF PUNJABversusKULWANT SINGH @ KANTA

2008 INSC 833Dismissed

The State of Punjab prosecuted Kulwant Singh (alias Kanta) for three murders and one attempt to murder that occurred in a marriage palace, leading the trial court to convict him under IPC s.302 and s.307 and award death. The High Court acquitted him, citing irregularities such as a month-long delay …

KASHI PRASADversusSTATE OF UTTAR PRADESH

2008 INSC 834Case Partly allowed

The case arose when the informant’s bullocks strayed into the field of Kashi Prasad, leading to a verbal altercation that escalated into a physical fight. During the scuffle Kashi Prasad struck the deceased Lachhi Ram with a spear, causing injuries that proved fatal. The trial court convicted the …

HARIJAN MANGRI SIDDAKKA AND ORS.versusORIENTAL INSURANCE CO. LTD. AND ANR.

2008 INSC 838Case Allowed

The appellants filed a claim for compensation under the Workmen's Compensation Act for workmen who died when a large quantity of mud collapsed from a quarry while being loaded onto a tractor‑trailer. The Commissioner held the accident occurred in the course of employment and the insurer was liable, …

THE KERALA STATE ELECTRICITY BOARDversusCHINAMMA ANTONY

2008 INSC 827Case Allowed

The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of Chinamma Antony, resulting in a claim for compensation for diminution of land value. The Additional District Judge enhanced the compensation awarded, and the Kerala High Court dismissed the Board’s …

SHASHI MOHANversusSTATE OF M.P.

2008 INSC 829Case Allowed

The case involved three accused (A1, A2, A3) charged with murder under Section 302 read with Section 34 of the Indian Penal Code. A3 fired the fatal shots, while A2 was unarmed, did not perform any overt act, and no evidence linked him to a common intention with the others. Both the trial court and …

MOTI LALversusSTATE OF M.P.

2008 INSC 830Dismissed

Motilal Gadariya was convicted for raping his neighbour's wife, a married woman, under IPC sections 376(1) and 450 and for an offence under the SC/ST (Prevention of Atrocities) Act. The trial court sentenced him to five years for the offence against a married woman and seven years for rape; the High …

STATE OF HIMACHAL PRADESHversusSHISH RAM

2008 INSC 831Case Allowed

The State of Himachal Pradesh sought leave to appeal an acquittal of Shish Ram by the trial court. The High Court dismissed the application with a terse, non‑reasoned order, "Be registered. Heard. Dismissed." The State contended that such an order, lacking any reasons, was unsustainable. The Supreme …

UNION OF INDIAversusSATROHAN

2008 INSC 820Appeal(s) allowed

The police raided Satrohan's house and seized 309 kg of poppy straws. He was convicted by the trial court under Sections 8(c) and 15 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The Allahabad High Court acquitted him, holding that Sections 42(2) and 50 were not complied with …

RAJ KUMARversusSTATE OF H.P.

2008 INSC 818Dismissed

Raj Kumar, a bus driver, was convicted under IPC sections 279 (rash driving) and 304A (causing death by negligence) after a collision caused the deaths of two children. The trial court sentenced him to one year of rigorous imprisonment and a fine; the Sessions Court dismissed his appeal, and the …

SHAIKH AZIM @ VAKIL @ KUKUversusSTATE OF MAHARASHTRA

2008 INSC 821Case Allowed

Shaikh Azim, residing next to the deceased Abdul Jabbar Qureshi, got into a heated verbal altercation with the deceased's family over alleged filth being thrown across the boundary. During the ensuing fight, Azim struck the deceased on the head with a stick, causing a fatal bleeding injury; the …

STATE OF PUNJABversusNAVRAJ SINGH

2008 INSC 822Case Allowed

Navraj Singh, a Patwari, was convicted under the Prevention of Corruption Act, 1988 (ss.7, 13(1)(d) r.w. s.13(2)) and sentenced to three years' rigorous imprisonment. He appealed the conviction and, after the appeal was admitted, applied under CrPC s.389(1) read with s.482 for suspension of the …

DAMARA VENKATA MURALI KRISHNA RAOversusGURUJUPALLI SATVATHAMMA

2008 INSC 823Case Partly allowed

The plaintiff filed a suit for recovery of money based on a promissory note. The defendant contended that he had discharged the debt by making payments evidenced by receipts (Exhibits B‑1 to B‑12) issued to the plaintiff’s son, who was later examined as a witness and denied his signatures on those …

DUMPALA CHANDRA REDDYversusNIMAKAYALA BALIREDDY AND ORS.

2008 INSC 819Appeal(s) allowed

The accused were charged with offences under Sections 147, 148, 149 and 302 of the Indian Penal Code for stabbing the deceased to death. The Trial Court convicted them under Sections 148 and 302 IPC and imposed life imprisonment for murder. On appeal, the Andhra Pradesh High Court altered the …

GAURI SHANKAR PRASAD AND ORSversusBRAHMA NAND SINGH

2008 INSC 812Dismissed

The appellants, Gauri Shankar Prasad and others, needed money and mortgaged their land to the respondent, Brahma Nano Singh, executing a sale deed and a separate deed of agreement to reconvey the land upon repayment of Rs.36,600. The agreement stipulated that reconveyance must occur within three …

STATE OF MADHYA PRADESHversusIMRAT AND ANR.

2008 INSC 813Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court order that reduced the conviction of Imrat and others from attempt to murder (s.307 r/w s.34 IPC) to voluntarily causing grievous hurt (s.326 r/w s.34 IPC) and reduced their sentences. The facts involved a property dispute where the accused, …

MADAN AND ORS.versusSTATE OF MADHYA PRADESH

2008 INSC 814Case Partly allowed

The appellants entered the deceased's house at night, broke the door and assaulted the deceased and his family with lathis, resulting in the deceased's death. They claimed the right of private defence, arguing they were protecting their property from the deceased's alleged complaint. The trial court …

STATE OF HARYANAversusRAMESH KUMAR

2008 INSC 815Disposed off

The respondent, a workman in the Public Works Department, was terminated on 31 March 1993. The Labour Court held the termination illegal, finding that he had completed the requisite 240 days of service in the preceding year. The State of Haryana appealed, and the Punjab and Haryana High Court …

MAHILA VINOD KUMARIversusSTATE OF MADHYA PRADESH

2008 INSC 816Dismissed

Mahila Vinod Kumari filed a rape complaint against two men, who were later acquitted when she recanted her statement during trial, claiming she had never been raped. The trial court found that she had deliberately fabricated false evidence and, under Section 344 of the Code of Criminal Procedure, …

BALJ NATHversusSTATE OF UTTAR PRADESH

2008 INSC 796Dismissed

Baijnath and his cousin Kalika Prasad were involved in a land dispute that was being settled by a village Panchayat. During the meeting Baijnath struck Kalika on the head with a lathi, causing severe head injury; Kalika later died from the injury. The trial court convicted Baijnath under Section 304 …

BHUPINDER SINGHversusUNION TERRITORY OF CHANDIGARH .

2008 INSC 797Dismissed

Bhupinder Singh, already married, concealed his first marriage and married Manjit Kaur, who later discovered his prior marriage, gave birth, and filed a complaint. He was convicted by the trial court under Sections 376 and 417 IPC and sentenced to seven years' rigorous imprisonment. The High Court …

STATE OF RAJASTHANversusGULAB SINGH AND ORS.

2008 INSC 798Case Allowed

The deceased, Jyoti, was found dead with her hands and face tied and twelve ante‑mortem injuries on her body. The trial court convicted the accused under Section 302 read with Section 34 of the Indian Penal Code (IPC) for murder. On appeal, the Rajasthan High Court altered the conviction to Section …

M/S. STEEL AUTHORITY OF INDIA LTD.versusSALES TAX OFFICER, ROURKELA-1 CIRCLE AND ORS.

2008 INSC 799Case Allowed

Mis. Steel Authority of India Ltd, a public sector undertaking engaged in manufacture and inter‑state sale of iron and steel, was assessed under the Central Sales Tax Act, 1956 for the year 2001‑02 with a demand of Rs 19.25 crore. The company appealed the assessment before the Assistant Commissioner …

ANITA DEVI AND ORS.versusSATYENDRA NARAIN SINGH AND ORS.

2008 INSC 800Case Allowed

The deceased, Pramod Kumar, died in a vehicular accident and his dependants filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal (MACT) awarded compensation based on a notional annual income of Rs.15,000, citing lack of concrete …

STATE OF MAHARASHTRAversusGAJANAN @ HEMANT JANARDHAN WANKHEDE

2008 INSC 788Case Allowed

The accused was convicted by the trial court for kidnapping (IPC ss.363, 366) and rape (IPC s.376) of a girl who was 14 years old at the time of the offence, based on school records showing her date of birth as 4‑6‑1976 and medical evidence confirming her age. The High Court set aside the …

PANFUL NESSAversusMD. MIRAJ ALI AND ORS.

2008 INSC 789Case Allowed

The Supreme Court reviewed a petition under Section 482 of the Code of Criminal Procedure filed by ten accused who had been declared absconders and against whom non‑bailable warrants were issued for a murder case. The Gauhati High Court, instead of merely examining the propriety of the warrants, …

GENOA SINGH AND ORS.versusSTATE OF U.P.

2008 INSC 790Case Partly allowed

The appellants, Genoa Singh and others, were convicted for the murder of the complainant's father and uncle after a dispute over a field boundary. They claimed the violence was in exercise of the right of private defence. The Supreme Court examined the scope of Sections 96‑106 of the IPC, the burden …

SEEMAversusASHWANI KUMAR

2008 INSC 791Hearing Adjourned

The Supreme Court, hearing Seema v. Ashwani Kumar (Transfer Petition No. 291 of 2005), examined the compliance of various States and Union Territories with its earlier directions to frame statutes mandating compulsory registration of marriages. The Court noted that some jurisdictions had enacted or …

STATE OF TAMIL NADU AND ANR.versusR. SASIKUMAR

2008 INSC 784Case Partly allowed

The respondent R. Sasikumar was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982. His mother filed a representation to the Chief Minister, copying the …

M/S. BHARAT CARPETSversusDIRECTOR, ENFORCEMENT DIRECTORATE

2008 INSC 767Dismissed

M/s Bharat Carpets, a partnership firm, and its two partners were penalised for failing to repatriate export proceeds amounting to Rs.5,12,171 within the six‑month period prescribed under Section 18(2) of the Foreign Exchange Regulation Act, 1973. The firm contended that it had taken steps for …

RADHEversusSTATE OF CHHATTISGARH

2008 INSC 768Dismissed

The appellant, Radhe, was convicted under Section 302 IPC for the murder of Gyan Singh after he allegedly chopped both of the deceased's legs and inflicted other injuries during a quarrel. He appealed, claiming the acts were in private defence, arguing that he feared for his life and property. The …

STATE OF U.PversusBHAIYA LAL VERMA

2008 INSC 764Case Allowed

Bhaiya Lal Verma, an accountant in the District Agriculture Office, was caught accepting a bribe of Rs.150 after a trap was laid by the District Magistrate. Marked currency notes were recovered from him and he was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 …

M/S.ASIAN PEROXIDES LTD.versusCOMMNR. OF CENTRAL EXCISE, GUNTUR

2008 INSC 765Disposed off

M/s Asian Peroxides Ltd., an Export Oriented Unit, claimed exemption under Notification No.8/97‑CE for hydrogen peroxide manufactured in India and cleared to the domestic market. The issue was whether the items used in the manufacturing process were "raw materials" (eligible for exemption) or merely …

C.E.S.G: LIML1 TEDversusSANDHYA RANI BARIK AND ORS.

2008 INSC 769Disposed off

The case involved the acquisition of more than three bighas of land by CESC Ltd. under the West Bengal Land (Requisition and Acquisition) Act, 1948 for an electric sub‑station. The Collector initially awarded Rs.50,000 per cottah, which was later raised by the Land Acquisition Judge to about Rs.5 …

NEPAL SINGHversusUPENDER SINGH

2008 INSC 770Case Partly allowed

The respondent filed a claim petition under the Motor Vehicles Act, 1988 alleging injury in an accident involving a scooter bearing registration No. DL‑35‑7420. The Motor Accident Claims Tribunal awarded compensation and held the appellant liable, finding that his vehicle was the offending one. The …

G. RAMAversusT.G. SESHAGIRI RAO (D) BY LRS.

2008 INSC 771Dismissed

The suit property was a house jointly purchased in 1963 by T.G. Seshagiri Rao and his uncle T.K. Vasudeva Murthy. The uncle later relinquished his interest to Rao by a release deed in 1989, making Rao the absolute owner. After the death of her husband (Vasudeva Murthy's son), the appellant, G. Rama, …

BHAKRA BEAS MANAGEMENT BOARDversusKANTA AGGARWAL AND ORS.

2008 INSC 772Case Partly allowed

In 1994 a motor accident caused the death of K.C. Aggarwal, leaving his widow Kanta Aggarwal and three children as claimants under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claim Tribunal awarded them Rs 8.48 lakh with interest, while the widow was simultaneously given a …

KRISHI UTPADAN MANDI SAMITI, GHAZIABAD AND ANR.versusM/S. METAL CRAFT & ORS.

2008 INSC 766Dismissed

The appellant Krishi Utpadan Mandi Samiti, Ghaziabad claimed market fee under Section 17(iii)(b) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 on rice exported by the respondent partnership firm. The respondent argued that the rice was purchased from millers outside Uttar Pradesh and …

M/S. GOETZE (INDIA) LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2008 INSC 773Dismissed

M/s. Goetze (India) Ltd. was directed by the Employees' State Insurance Corporation (ESIC) to pay contributions on the efficiency bonus component for the period 1988-1994 under the Employees' State Insurance Act, 1948. After re‑verification, the employer paid the assessed amount in 1997 but ESIC …

BENNY THOMASversusFOOD INSPECTOR, KOCHI AND ANR.

2008 INSC 774Dismissed

The Food Inspector purchased a bottle of synthetic syrup (sarbath) from the shop of Benny Thomas and sent the sample for analysis, which showed it to be adulterated. Thomas was convicted under Section 16(1)(a)(i) read with Sections 7(1) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 …

MURUGANversusSTATE OF TAMIL NADU

2008 INSC 775Dismissed

The appellant Murugan, employed as an assistant in the ground‑floor shop of PW‑1, was observed by PW‑1 through a window strangling PW‑1’s wife, who later died. PW‑1 chased the accused, who fled and later was arrested; blood‑stained clothing of the accused was recovered. The trial court convicted …

NATRAJ CHINNAPPA NAIRversusSTATE OF MAHARASHTRA

2008 INSC 776Dismissed

The appellant, Natraj Chinnappa Nair, was brought to the police station by his mother after allegedly consuming poison and confessing to assaulting his wife in a fit of anger. The victim was found injured with incised wounds caused by a chopper and later died; the chopper and a blouse were recovered …

KUSUMA ANKAMA RAOversusSTATE OF ANDHRA PRADESH

2008 INSC 777Dismissed

Kusuma Ankama Rao was convicted for murdering Gottapu Adilakshmi after the prosecution presented circumstantial evidence that the accused and the deceased were last seen together and the body was found the next day. The accused also made an extra‑judicial confession before a Village Administrative …

ROOP SINGH @ RUPAversusTHE STATE OF PUNJAB

2008 INSC 761Case 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 …

HARI PRASAD CHHAPOLIA (DEAD)versusUNION OF INDIA

2008 INSC 762Disposed 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 …

NATIONAL CAPITAL TERRITORY OF DELHI & ANR.versusUMESH KUMAR

2008 INSC 760Disposed 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 …

SYED PEDA AOWLIAversusPUBLIC PROSECUTOR, HIGH COURT OF AP., HYDERABAD

2008 INSC 752Dismissed

Five persons were tried for murder under Section 302 read with Section 34 of the IPC. The trial court acquitted all, finding the prosecution’s case unproved. The State appealed under Section 378(1) and (3) of the CrPC. The Andhra Pradesh High Court upheld the acquittal of four accused but convicted …

MD. KALAMversusTHE STATE OF BIHAR

2008 INSC 753Case Partly allowed

The case arose from an FIR lodged by the mother of a six‑year‑old girl alleging that the appellant had taken the child to a secluded place and raped her on 25 November 1997. The trial court and the Patna High Court convicted the appellant under Section 376 read with Section 511 of the IPC and …

SHRI SHANKAR PRASAD GHOSH (DEAD)versusTHE STATE OF BIHAR & ANR.

2008 INSC 754Disposed off

Shankar Prasad Ghosh was convicted under several provisions of the IPC and the Prevention of Corruption Act, and his conviction was upheld by the High Court with altered sentences. He filed a special leave appeal before the Supreme Court, but died while the appeal was pending. Five years after his …

HEMCHAND JHAversusSTATE OF BIHAR

2008 INSC 755Dismissed

The appellant Hemchand Jha and two co‑accused approached a jeep at a petrol pump; Kripal Singh fired a pistol, killing Krishna Singh. Hemchand Jha was driving the motorcycle and was present at the scene but did not fire the weapon. He was convicted under Section 302 read with Section 34 of the IPC. …

HABIB IBRAHIMversusSTATE OF RAJASTHAN

2008 INSC 756Dismissed

Habib Ibrahim, a Pakistani national, was arrested for residing in India without a valid document. He possessed only a six‑month transit visa for Nepal and was found with a Pakistani passport but no permission to stay in India. He was charged under Section 3 read with Section 14 of the Foreigners …

NEHRU @ JAWAHARversusSTATE OF CHHATTISGARH

2008 INSC 757Dismissed

The appellant, Nehru @ Jawahar, was convicted under Section 376 of the Indian Penal Code for raping a girl who initially claimed to be 14 years old, later found to be about 16. The appellant argued that the prosecution case was inconsistent because the medical examination was recorded at 9:15 AM …

KATTA SURENDERAversusSTATE OF A.P.

2008 INSC 758Case Partly allowed

A dispute over a road between two villages escalated into violence, during which the accused A‑1 stabbed a villager (D‑1) who later died. The accused claimed he acted in private defence. The trial court convicted him under Section 302 IPC (murder) with life imprisonment; the High Court upheld this …

BAIJNATH JHAversusSITA RAM AND ANR.

2008 INSC 749Appeal(s) allowed

The Supreme Court examined an appeal by three officers who had participated in a raid on a electricity theft case, challenging the dismissal of their petition under Section 482 of the CrPC. After the raid, the accused filed a complaint alleging that the officers demanded illegal gratification, but …

PUNJAB STATE ELECTRICITY BOARD LTD.versusJAGDEV SINGH AND ORS.

2008 INSC 750Disposed off

The respondents, Jagdev Singh and others, filed a suit seeking promotion as Assistant Engineer (Electrical) after their juniors were promoted on 23 May 1991, claiming they had qualified earlier. The trial court dismissed the suit, but the First Appellate Court held the respondents were entitled to …

HARDEEP SINGH & ORS.versusSTATE OF HARYANA

2008 INSC 746Case Partly allowed

Four accused—Gurcharan Singh, Hardeep Singh, Harjinder Singh and Jaswinder Singh—attacked the deceased Amrik Singh with weapons, causing multiple injuries that led to his death. Gurcharan Singh exhorted the others; Hardeep and Harjinder delivered fatal blows to the head, while Jaswinder struck the …

MADHUMITA DAS AND ORS.versusSTATE OF ORISSA AND ORS.

2008 INSC 747Hearing Adjourned

The Supreme Court examined nine ad‑hoc Additional District Judges appointed to Fast Track Courts who challenged an Orissa High Court advertisement for 16 direct recruitment posts, arguing that the advertisement’s eligibility criteria (maximum age of 45 years and requirement of being a member of the …

K. SAGAR, M.D., KIRAN CHIT FUND MUSHEERABADversusA. BAL REDDY & ANR.

2008 INSC 748Case Partly allowed

The appellant, a chit fund, and the respondent, a prized subscriber, were involved in a dispute over unpaid amounts after the subscriber defaulted on payments. The subscriber approached the consumer dispute redressal machinery seeking a direction for the chit fund to pay a sum, leading to …

RESERVE BANK OF INDIAversusSAHARA INDIA FINANCIAL CORPORATION

2008 INSC 745Disposed off

The Reserve Bank of India (RBI) issued a show‑cause notice to Sahara India Financial Corp. Ltd. (Sahara) on 9 May 2008, restraining it from accepting deposits from existing and new depositors, and passed an order on 4 June 2008 effecting the restraint. Sahara filed a writ petition before the …

LATU MAHTO & ANR.versusTHE STATE OF BIHAR (NOW JHARKHAND)

2008 INSC 696Appeal(s) allowed

The State prosecuted eleven accused, including Latu Mahto, for the murder of Budhu Mahto and related assaults, alleging they formed an unlawful assembly under Section 149 IPC. The trial court convicted all accused under Sections 302/149 IPC and sentenced them to life imprisonment. On appeal, the …

VENKATESANversusSTATE OF TAMIL NADU

2008 INSC 688Appeal(s) allowed

The appellant A2 was convicted under Section 302 IPC for the murder of Rajendran based largely on the testimony of witnesses who claimed to have seen the deceased with the accused on a Tuesday, without specifying the exact date. The trial court and the Madras High Court upheld the conviction despite …

MOHAN ANNA CHAVANversusSTATE OF MAHARASHTRA

2008 INSC 689Dismissed

Mohan Anna Chavan was convicted of kidnapping, raping and murdering two minor girls aged five and ten. The prosecution relied on a chain of circumstantial evidence, including the victims' last seen with the accused, his extra‑judicial confession, forensic matches of blood on his clothes and nail …

N.R. MONversusMD. NASIMUDDIN

2008 INSC 700Appeal(s) allowed

The respondent, a truck driver, was intercepted with 163 kg of ganja and arrested under the NDPS Act. He was released on bail by a Special Judge and the High Court upheld the bail, despite the bail application being filed under Section 437 of the CrPC and Section 37(b)(ii) of the NDPS Act. The …

STATE OF KARNATAKAversusCHIKKAHOTTAPPA @ VARADE GOWDA & ORS.

2008 INSC 690Appeal(s) allowed

The State of Karnataka appealed against a Karnataka High Court judgment that had acquitted one accused (A4) and altered the murder convictions of seven others to grievous‑hurt convictions under S.326 r/w S.149 IPC. The facts involved eight persons, members of an unlawful assembly, who assaulted the …

M/S CABLE CORPORATION OF INDIA LTD.versusADDITIONAL COMMISSIONER OF LABOUR AND ORS.

2008 INSC 702Appeal(s) allowed

Mis Cable Corporation of India Ltd applied to retrench 280 workmen under s.25‑N(2) of the Industrial Disputes Act, 1947. The Specified Authority allowed retrenchment of 276 workers but rejected the unions' applications under s.25‑N(6) for review or reference. The Bombay High Court, however, directed …

A.P.S.R.T.C.& ANR.versusK. HEMALATHA & ORS.

2008 INSC 704Appeal(s) allowed

The case concerned a road accident on 19 March 1998 in which a motorcyclist (the deceased) and an injured claimant were allegedly struck by a bus of the Andhra Pradesh State Road Transport Corporation (APSRTC). Claimants filed compensation claims under Section 173 of the Motor Vehicles Act, 1988, …

DALBIR SINGHversusSTATE OF HARYANA

2008 INSC 682Dismissed

Dalbir Singh, the nephew of Ram Pratap, was convicted of murder (IPC s.302) and rioting (IPC s.148) for killing his uncle over a property dispute. The sole eyewitness, the victim's father Surja Ram (PW‑8), identified Dalbir by his voice in a dark‑night setting, though he could not name the other …

K. CHITHHAYANversusSTATE OF TAMIL NADU

2008 INSC 683Dismissed

The appellant was stopped at a bus stop with a yellow bag and, after giving consent, his bag was searched in the presence of witnesses, leading to the seizure of 2 kg of diazepam. He was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, convicted, and sentenced to ten years' …

AMOL SINGHversusSTATE OF M.P.

2008 INSC 685Appeal(s) allowed

Amol Singh and another were convicted for the murder of Saraswati Bai under IPC s.302 r.w. s.34. The deceased gave two dying declarations, one recorded by an ASI and another by an Executive Magistrate, which differed on the motive and the manner of being doused with kerosene. The High Court held the …

PANNEERSELVAMversusSTATE OF TAMIL NADU

2008 INSC 679Appeal(s) allowed

Five police officials were convicted for the murder of Arunbharathi, who died from burn injuries. The trial court relied on a dying declaration recorded by a Revenue Divisional Officer (RDO) four days before the victim's death, while discarding earlier statements to doctors where the victim claimed …

RAJKUMAR GURAWARA (DEAD) THR. L.RS.versusM/S S.K. SARWAGI & CO. PVT. LTD. & ANR.

2008 INSC 669Dismissed

The appellant, Rajkumar Gurwara (deceased) thr. LRs, filed a suit seeking a declaration of his exclusive right to mine a parcel of land. After the evidence was closed, the second defendant, M/s S.K. Sarwagi & Co. Pvt. Ltd., was impleaded, and the appellant then applied under Order VI Rule 17 of the …

BHUPENDRAversusSTATE OF MAHARASHTRA & ANR.

2008 INSC 670Dismissed

Bhupendra was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders and Dangerous Persons Act, 1981, and filed a habeas corpus petition challenging the order on the ground that there was no live link between his activities and …

TIKKA RAM & ANR.versusKARTARA (DECEASED) THROUGH LRS & ORS.

2008 INSC 671Dismissed

The plaintiffs, Tikka Ram and Sewa Ram, claimed to be tenants of a 40-kanal land for 12‑13 years and filed suits for pre‑emption against the vendor who had sold the land to the defendants. The trial court dismissed the suits; the first appellate court reversed the decision, but the High Court set …

M.C. MEHTAversusUNION OF INDIA & ORS.

2008 INSC 662Dismissed

The Supreme Court examined petitions filed by developers who had created plots in the Aravalli Range and sold them to non‑resident buyers, seeking relief from a 1992 notification under Sections 3, 4 and 5 of the Punjab Land Preservation Act, 1900 that prohibited certain activities for 30 years. The …

SIRIYA@ SHRI LALversusSTATE OF MADHYA PRADESH

2008 INSC 647Dismissed

The appellant, a father, was convicted under Section 376 of the Indian Penal Code for raping his minor daughter, with the prosecution relying on three eyewitnesses, medical examination reports, and age verification by X‑ray. The trial court sentenced him to life imprisonment and a fine, a sentence …

RAMACHANDRANversusR. UDHAYAKUMAR & ORS.

2008 INSC 649Case Partly allowed

The appellant was convicted in a murder case and sought, through a petition under Section 482 of the CrPC, to have the investigation transferred to the Central Bureau of Investigation for a fresh probe. The Madras High Court ordered the case to be re‑investigated afresh by the CBI. The appellant …

T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2008 INSC 620Disposed off

The Supreme Court, hearing T.N. Godavarman Thirumulpad v. Union of India (Writ Petition No. 202 of 1955), corrected typographical errors in its earlier order dated 28 March 2008 concerning exemptions from payment of Net Present Value (NPV) under s.3(3) of the Environment Protection Act, 1986. The …

ASHOK KUMAR PANDEY & ORS.versusSTATE OF BIHAR

2008 INSC 621Dismissed

The appellants, Ashok Kumar Pandey and others, had mortgaged portions of their land in 1966 and later transferred the same lands to the mortgagees by registered deeds in 1972, after the notified ceiling date of 9‑9‑1970 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

GIRISH SINGHversusSTATE OF UTTARANCHAL

2008 INSC 625Dismissed

Girish Singh was convicted under Section 304 Part I of the IPC for pushing the deceased, Sageer Ansari, causing his fall and death. The appellant argued that the charge should be under Section 304A, which deals with death caused by negligence, contending there was no intention or knowledge to cause …

THOTA LAKSHMI VENKATA BALAversusMUTTAMSETTI SEETHAMMA

2008 INSC 616Dismissed

The appellant, Thota Lakshmi Venkata Bala, executed a sale agreement on 19‑August‑1991 to sell land to the respondent, Muttamsetti Seethamma, for Rs.1.5 lakh as discharge of a loan. She later cancelled the deed, claimed only Rs.1 lakh had been received and demanded the remaining Rs.50,000 with …

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2008 INSC 606Disposed off

Maninderjit Singh Bitta filed a writ petition seeking the implementation of the High Security Registration Plate (HSRP) scheme, which the Supreme Court had earlier mandated in Association of Registration Plates v. Union of India (2005). The petitioner alleged that despite the 2001 notifications and …

STATE OF RAJASTHANversusUDAI LAL

2008 INSC 619Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Udai Lal, who had been convicted by a Special Judge under Sections 8 and 15 of the NDPS Act for possession of 119 bags of poppy husk powder seized from his truck. The High Court set aside the conviction, holding that the prosecution evidence was …

TARAKANATH KARversusLIPIKA KAR

2008 INSC 603Appeal(s) allowed

The appellant, Taraknath Kar, a court employee, was alleged to have married twice—first to Chandana and later to Lipika, who filed a maintenance suit under Section 125 of the CrPC. The trial court granted maintenance to Lipika, but the High Court set aside that order and directed a fresh hearing. …

KOTIKALAPUDI SUBBA RAOversusSTATE OF AP. & ANR.

2008 INSC 597Appeal(s) allowed

The appellant borrowed Rs.30,000 from the deceased and, after refusing to repay, was slapped and threatened the deceased. The following day the appellant, with two accomplices, attacked the deceased with knives, causing his death, and grievously injured a bystander (PW1). The trial court convicted …

INDIAN MERCANTILE I.B. ASSON. (TENANTS)versusUNION OF INDIA AND ORS.

2008 INSC 598Case Allowed

The appellants, tenants under the Indian Mercantile Association, filed a writ petition under Section 103-A of the Maharashtra Housing and Area Development Act, 1976, seeking relief that the High Court dismissed on the ground that an alternative statutory remedy—an appeal—was available. The …

RAM KUMARversusCENTRAL BUREAU OF NARCOTICS

2008 INSC 579Dismissed

During a routine inspection of a bus, a Superintendent and an Inspector of the Narcotics Department seized brown sugar from the exclusive possession of the appellant and a co‑accused. The seized material was sampled, sealed and sent to a laboratory, which confirmed it to be brown sugar, and the …

NHALIYAM MAKKIL RAVEENDRANversusSTATE OF KERALA

2008 INSC 580Disposed off

The appellant was caught on 13 August 1999 in possession of four litres of arrack, packaged in forty 100‑ml packets, while attempting to flee from police in Kerala. He was convicted by the trial court under section 55(a) of the Kerala Abkari Act, 1077 and sentenced to three years' simple …

COMISSIONER OF CUSTOMS (IMPORTS) BOMBAYversusM/S. HICO ENTERPRISES

2008 INSC 537Dismissed

The Commissioner of Customs (Import) issued a show‑cause notice to M/s Hico Enterprises demanding recovery of duty on the basis of alleged contravention of conditions of Notification No. 203/92‑Cus relating to a Transferable Value Based Advance Licence (VABAL) that the appellant had purchased from …

SHRI RAM CHANDRA MISSION & ANR.versusP. RAJAGOPALACHARI & ORS.

2008 INSC 551Disposed off

The dispute concerned the spiritual heirship and control of the Shri Ram Chandra Mission, a religious society, after the death of its founder. Members of the society filed a suit seeking an ex‑parte injunction restraining P. Rajagopalachari from acting as President, which was later set aside by the …

DINESH M.N. (S.P.)versusSTATE OF GUJARAT

2008 INSC 532Dismissed

The appellant, a senior IPS officer of Rajasthan, was arrested in connection with the alleged fake encounter killings of Sohrabuddin and his wife. The trial court granted him regular bail under Section 439 of the Cr.P.C., relying on the accused's clean service record and the alleged criminal …

DR. NARENDRA K AMINversusSTATE OF GUJARAT AND ANR.

2008 INSC 533Dismissed

Dr. Narendra Kamin, accused in the Sohrabuddin fake‑encounter case and charged with several serious offences under the IPC and the Arms Act, was granted bail by the Additional City and Sessions Judge. The State of Gujarat filed an application under Section 439(2) of the Code of Criminal Procedure to …

ANJAN1 KUMARversusSTATE OF BIHAR AND ANR.

2008 INSC 523Case Allowed

The appellant, a public servant, conducted a raid on a medical shop and seized medicines, later filing an FIR against respondent No.2. In retaliation, respondent No.2 lodged a complaint alleging the appellant had committed offences under IPC sections 161, 167, 465, 466, 469 and 471. The District …

NOORJAHANversusSTATE REP. BY D.S.P.

2008 INSC 515Case Allowed

The appellant, the aunt of the husband, was convicted under Section 498A of the IPC for allegedly participating in dowry demand that led to the death of the wife. The prosecution alleged that the husband, his brother, and the aunt demanded jewellery and cash, and that the husband and brother …

B.L. ARORAversusCHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK

2008 INSC 505Dismissed

B.L. Arora, a former short‑service commissioned officer of the Indian Army, joined Syndicate Bank in 1976. Upon voluntary retirement in 2001 he claimed that his army service should be counted as qualifying service for the purpose of computing his pension and gratuity. The Bank rejected the claim …

AHMADASAHAB ABDUL MULLA (D) BY PROPOSED LRS.versusBIBIJAN & ORS.

2008 INSC 501Matter 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 …

WAHEED BAIGversusSANGI LAKSHMAMMA & ORS.

2008 INSC 502Case 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 …

POONAM KUMARIversusJAI PRAKASH PANDEY & ORS.

2008 INSC 503Disposed 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 …

OMA RAMversusSTATE OF RAJASTHAN AND ORS.

2008 INSC 504Dismissed

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 …

MAHABIRversusTHE STATE OF DELHI

2008 INSC 486Disposed off

The Supreme Court examined two appeals arising from convictions for robbery and murder under Sections 394/34 and 302/34 IPC. The key issue was whether the refusal of the accused to participate in a test identification parade (TIP) and the fact that the accused had already been shown to the …

JITENDRA SINGHversusBHANU KUMAR & ORS.

2008 INSC 487Case Allowed

The appellant Jitendra Singh filed an application under Section 24 of the Code of Civil Procedure seeking transfer of a civil suit pending before the Additional District Judge, Alwar, to another court. The Rajasthan High Court ordered the transfer of the suit to the District Judge, Jaipur, relying …

THE LT. GOVERNOR & ORS.versusSHIV CHANDER MORE & ORS.

2008 INSC 467Appeal(s) allowed

The Lt. Governor refused to grant a second renewal of a licence to Shiv Chander More, relying on the Supreme Court’s decision in Ratan Kaur v. Union of India. The High Court’s Single Judge accepted the applicability of that precedent but still granted relief, while the Division Bench later held the …