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ARUN MISHRA

204 judgments · newest first · showing 1–200

THE DESIGNATED AUTHORITY AND ORS.versusM/S. THE ANDHRA PETROCHEMICALS LIMITED

2020 INSC 526Appeal(s) allowed

Andhra Petrochemicals Ltd. sought anti‑dumping duty on imports of normal butanol and related chemicals from Saudi Arabia and other countries, alleging dumping and injury. The Designated Authority (DA) terminated the investigation, finding insufficient data and an inadequate period to establish …

SARIKAversusADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) & ORS.

2020 INSC 528Dismissed

The Supreme Court was monitoring compliance of its earlier order directing an Expert Committee of ASI and GSI to examine erosion of the Shivalinga at Shri Mahakaleshwar Temple, Ujjain. The Committee’s report dated 19‑01‑2019 identified ongoing physical and chemical deterioration of the lingam, …

JAIPUR VIDYUT VITARAN NIGAM LTD. & ORS.versusADANI POWER RAJASTHAN LIMITED & ANR.

2020 INSC 521Case Partly allowed

Jaipur Vidyut Vitran Nigam Ltd. (JVVNL) entered into a Power Purchase Agreement (PPA) with Adani Power Rajasthan Ltd. (APRL) in 2010, basing the tariff on domestic coal supply. APRL later claimed additional compensation under the PPA’s change‑in‑law clause after the New Coal Distribution Policy of …

IN RE: PRASHANT BHUSHAN AND ANR.versusIN RE:

2020 INSC 489Disposed off

The Supreme Court, hearing a suo motu criminal contempt petition against senior advocate Prashant Bhushan, affirmed his conviction for scandalising the judiciary through tweets and an affidavit alleging misconduct by judges. The Court held that the defence of truth under Section 13 of the Contempt …

TAMIL NADU MEDICAL OFFICERS ASSOCIATION & ORSversusUNION OF INDIA & OTHERS

2018 INSC 332Disposed off

The petitions challenged the validity of Regulation 9 of the Medical Council of India (MCI) Post‑Graduate Medical Education Regulations, 2000, alleging that it barred State governments from reserving seats for in‑service doctors in postgraduate degree courses. The Court examined the constitutional …

MUKESH SINGHversusSTATE (NARCOTIC BRANCH OF DELHI)

2020 INSC 524Reference answered

Mukesh Singh challenged his conviction under the NDPS Act on the ground that the police officer who lodged the FIR was also the investigating officer, alleging that this dual role vitiated the trial. The Supreme Court examined the statutory scheme of the CrPC (ss.154, 156, 157) and the NDPS Act …

M/S. RADHA EXPORTS (INDIA) PVT. LIMITEDversusK.P. JAYARAM & ANR.

2020 INSC 518Appeal(s) allowed

The respondents, K.P. Jayaram and another, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) claiming they were financial creditors of M/s. Radha Exports (India) Pvt. Ltd. for a loan of Rs.2.10 crore advanced between 2002 and 2005, alleging that part of the loan was …

THE STATE OF PUNJAB & ORS.versusDAVINDER SINGH & ORS.

2020 INSC 512Directions issued

The State of Punjab enacted Section 4(5) of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006, reserving 50% of SC quota for Balmikis and Mazhabi Sikhs. The High Court struck down this provision, relying on E.V. Chinnaiah, and the Supreme Court dismissed a related …

M.C. MEHTAversusUNION OF INDIA & ORS.

2020 INSC 492Directions issued

The Supreme Court revisited a writ petition filed in 1985 concerning environmental and land‑use violations in Delhi. The Court examined whether the Monitoring Committee, appointed in 2006 to curb the misuse of residential premises for commercial purposes, had the authority to seal residential …

PREET PAL SINGHversusTHE STATE OF UTTAR PRADESH & ANR.

2020 INSC 493Appeal(s) allowed

The case arose from a conviction of Sandeep Singh Hora for offences under Sections 304B, 498A, 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act, including life imprisonment. While the appeal against the conviction was pending, the Allahabad High Court granted him bail under Section 389 of …

IN RE: PRASHANT BHUSHAN AND ANR.versusIN RE:

2020 INSC 489Directions issued

The Supreme Court, acting suo motu, took cognizance of two tweets posted by advocate Prashant Bhushan that alleged the Chief Justice of India was riding a luxury motorcycle while keeping the Court in "lockdown" and that the Supreme Court had facilitated the destruction of democracy. The Court …

VINEETA SHARMAversusRAKESH SHARMA & ORS.

2020 INSC 487Directions issued

The Supreme Court examined the interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by the Hindu Succession (Amendment) Act, 2005. It held that the amendment confers coparcenary status on daughters—whether born before or after the amendment—on and from 9 September 2005, giving …

REEPAK KANSALversusSECRETARY GENERAL, & ORS.

2020 INSC 449Dismissed

The petitioner, an advocate, filed a writ petition under Article 32 seeking a mandamus directing the Supreme Court Registry not to give preferential treatment to influential lawyers and to refund excess court fees. He alleged that his petitions were repeatedly delayed, defected, and that the …

ARUNA OSWALversusPANKAJ OSWAL & ORS.

2020 INSC 448Appeal(s) allowed

The deceased Abhey Kumar Oswal had nominated his wife Aruna Oswal as nominee of his shares under the Companies Act, 2013. After his death, his son Pankaj Oswal filed a partition suit claiming one‑fourth of the estate, including shares in two companies, while the High Court ordered a status‑quo in …

CLP INDIA PVT. LTD.versusGUJARAT URJA VIKAS NIGAM LTD. & ANR.

2020 INSC 383Dismissed

The Gujarat Electricity Board (Gujarat Urja) and CLP India entered into a 1994 Power Purchase Agreement (PPA) for 635 MW of electricity. A 1995 Central Government notification amended the 1992 tariff notification, removing the deemed generation incentive for naphtha‑based plants. Gujarat Urja sought …

PANDURANG GANPATI CHAUGULEversusVISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED

2020 INSC 382Reference answered

The Court examined whether co‑operative banks, which are societies registered under State legislation, fall within the Union List entry 45 (banking) or the State List entry 32 (co‑operative societies) for the purposes of the Securitisation and Reconstruction of Financial Assets and Enforcement of …

MEDICAL COLLEGE VELLORE ASSOCIATIONversusUNION OF INDIA AND OTHERS

2020 INSC 374Disposed off

The petitioners, a group of unaided minority medical and dental colleges, challenged the validity of the NEET (National Eligibility-cum-Entrance Test) notifications issued by the Medical Council of India and Dental Council of India, arguing that the uniform entrance examination violated their …

HIRA SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER

2017 INSC 583Reference answered

The Supreme Court examined whether, for purposes of determining "small" or "commercial" quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of neutral substances mixed with a narcotic drug should be counted. The Court rejected the view in E. Micheal Raj that only the …

CHEBROLU LEELA PRASAD RAO & ORS.versusSTATE OF A.P. & ORS.

2020 INSC 344Appeal(s) allowed

The Supreme Court examined the validity of G.O. Ms. No.3/2000 issued by the erstwhile Andhra Pradesh Government, which provided 100% reservation for Scheduled Tribe candidates in teacher posts in scheduled areas. The Court held that under Paragraph 5(1) of Schedule V, the Governor may only exclude …

UNION OF INDIA & ANOTHER ETC. ETC.versusM/S V.V.F LIMITED & ANOTHER ETC. ETC.

2020 INSC 347Disposed off

The Union of India issued an excise duty exemption for new industries in earthquake‑hit Kutch, promising a full cash/PLA refund. Subsequent notifications in 2008 limited the refund to a percentage based on actual value addition, citing tax‑evasion concerns. The original writ petitioners claimed the …

NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIAversusALIMENTA S.A.

2020 INSC 345Appeal(s) allowed

The National Agricultural Cooperative Marketing Federation of India (NAFED) entered into a 1979‑80 groundnut export contract with Alimenta S.A. containing an arbitration clause and a contingency provision (Clause 14) that the contract would be cancelled if export was prohibited by the Government. …

WEST U.P. SUGAR MILLS ASSOCIATION & ORS.versusTHE STATE OF UTTAR PRADESH & ORS.

2020 INSC 346Reference answered

The Supreme Court examined a reference concerning whether the Uttar Pradesh government could fix a State Advised Price (SAP) for sugarcane under Section 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 and whether such power conflicted with the Central government's authority to …

INDORE DEVELOPMENT AUTHORITYversusMANOHARLAL & ORS. ETC.

2020 INSC 294Reference answered

The Supreme Court interpreted Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which deals with the lapse of land acquisition proceedings initiated under the repealed Land Acquisition Act, 1894. The Court held that the word …

ASSURANCE CO. LTD.versusHILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

2020 INSC 274Reference answered

The Supreme Court examined whether a District Forum under the Consumer Protection Act, 1986 could extend the time for filing a response to a complaint beyond the 30 days plus a statutorily permitted 15‑day extension under s.13(2)(a), and where the 30‑day period begins. The Court held that s.13(2)(a) …

ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA & ORS.versusRADHEY SHYAM PANDEY

2020 INSC 238Disposed off

The Supreme Court examined whether employees who retired under the State Bank of India Voluntary Retirement Scheme (VRS) of 2000 and had completed fifteen years of service were entitled to a proportionate pension under the SBI Employees' Pension Fund Rules. The Court held that the Central Board of …

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.versusUNION OF INDIA AND OTHER

2020 INSC 230Disposed off

Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) appealed against the Maharashtra State Electricity Regulatory Commission’s (MERC) order quashing several pre‑1999 circulars that imposed "take‑or‑pay" and minimum off‑take obligations on captive power plant (CPP) holders and directing …

DHEERAJ MORversusHON’BLE HIGH COURT OF DELHI

2017 INSC 64Directions issued

The Supreme Court examined whether members of the subordinate judicial service who had previously practiced as advocates for seven years could compete for District Judge vacancies under the quota reserved for advocates as per Article 233(2) of the Constitution. It held that such judicial officers …

AGRA DIOCESAN TRUST ASSOCIATIONversusANIL DAVID AND ORS.

2020 INSC 210Appeal(s) allowed

The plaintiff, Agra Diocesan Trust Association, filed two suits for cancellation of a sale deed and permanent injunction. The defendants argued that the plaintiff had undervalued the suits and paid insufficient court fee under the Uttar Pradesh Court Fees Act, 1870. The trial court held the suits …

PRATHVI RAJ CHAUHANversusUNION OF INDIA & OTHERS

2020 INSC 157Disposed off

The petitioners challenged Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which removed the requirement of a preliminary inquiry and the need for approval before arrest, and barred anticipatory bail under Section 438 of the CrPC. The Court noted that …

VUNDAVALLI RATNA MANIKYAM &versusV.P.P.R.N. PRASADA RAO

2020 INSC 141Dismissed

The plaintiff entered into an agreement to sell land with the original vendor in 1981, paid earnest money and was given possession, but the sale deed was not executed before the time limit expired and the land was subjected to a government acquisition. The acquisition was later set aside after the …

SUSHILA AGGARWAL AND OTHERSversusSTATE (NCT OF DELHI) AND ANOTHER

2020 INSC 106Directions issued

The Supreme Court examined two questions referred to a larger bench: whether an order of anticipatory bail under Section 438 of the Criminal Procedure Code (CrPC) must be limited to a fixed period, and whether such bail terminates when the accused is summoned or when charges are framed. Relying on …

CHANABASAPPAversusKARNATAKA NEERAVARI NIGAM LTD. & ANR.

2020 INSC 64Disposed off

The appellant claimed that his land was submerged in 1991 due to the Malprabha Reservoir project and therefore sought damages and interest under Section 34 of the Land Acquisition Act, 1894 from that date. The High Court enhanced compensation but limited interest to the date of award (23 July 2009), …

M. C. MEHTAversusUNION OF INDIA & ORS.

2020 INSC 32Directions issued

The Supreme Court, hearing a writ petition under Article 32, examined the severe air and water pollution in Delhi and the National Capital Region, identifying stubble burning, construction and demolition activities, open waste dumping, unpaved roads, garbage burning and traffic congestion as major …

SK. MD. RAFIQUEversusMANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND OTHERS

2020 INSC 3Disposed off

The case concerned the constitutionality of sections 8, 10, 11 and 12 of the West Bengal Madrasah Service Commission Act, 2008, which mandated that a state‑constituted commission select and recommend teachers for aided minority madrasahs. The petitioners, a managing committee of a recognised …

S. KRISHNA SRADHAversusTHE STATE OF ANDHRA PRADESH & ORS.

2019 INSC 1362Reference answered

The appellant, a meritorious candidate claiming reservation in the sports and games category, was denied admission to the MBBS course after the statutory cut‑off date of 30 September 2015. The High Court, relying on the decision in Jasmine Kaur, refused admission and awarded only monetary …

RAJENDRA DIWANversusPRADEEP KUMAR RANIBALA & ANR.

2019 INSC 1353

The petitioners challenged the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provides a direct appeal to the Supreme Court from orders of the Rent Control Tribunal. The Court examined whether the State Legislature had competence to legislate on the jurisdiction of the …

M/S. UNICORN INDUSTRIESversusUNION OF INDIA & OTHERS

2019 INSC 1336Dismissed

Unicorn Industries, a manufacturer in Sikkim, claimed that a 2003 exemption notification under Section 5A of the Central Excise Act, 1944, which exempted basic excise duty and certain additional duties, also covered the National Calamity Contingent Duty (NCCD), education cess and secondary/higher …

GREAT EASTERN SHIPPING CO. LTD.versusSTATE OF KARNATAKA & ORS.

2019 INSC 1314Dismissed

The Great Eastern Shipping Co. Ltd., owner of a tug, entered into a six‑month time charter agreement with New Mangalore Port Trust. The Karnataka tax authorities directed the company to register under the Karnataka Sales Tax Act, 1957, claiming the agreement attracted tax under section 5C, which …

JITENDRA SINGHversusMINISTRY OF ENVIRONMENT & ORS.

2019 INSC 1280Appeal(s) allowed

Jitendra Singh, a resident of village Saini, challenged the allotment of two village ponds (recorded as ‘pokhar’ in revenue records) to private industrialist Sharp Enterprises by the Greater Noida Industrial Development Authority (GNIDA). The ponds had been leased to Sharp in 2012, but GNIDA relied …

M/S T.C. HEALTHCARE P. LTD. & ANR.versusUNION OF INDIA & ANR.

2019 INSC 1254Dismissed

The appellants, TC Healthcare Ltd. and Modi Mundipharma Pvt. Ltd., challenged ceiling‑price notifications issued under the Drugs (Price Control) Order, 1995 for formulations containing frusemide, potassium and theophylline that employed sustained‑release or continuous‑release technology. They …

MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM)versusABHILASH LAL & ORS.

2019 INSC 1257Appeal(s) allowed

The Municipal Corporation of Greater Mumbai (MCGM) owned several plots that were leased to SevenHills Healthcare for a 1500‑bed hospital, but the project was not completed and lease rent was in default. MCGM issued a show‑cause notice and, before the notice period expired, the corporate debtor was …

THE ORIENTAL INSURANCE CO. LTD. & ANR.versusDICITEX FURNISHING LTD.

2019 INSC 1234Dismissed

The Oriental Insurance Co. issued a fire insurance policy to Dicitex Furnishing Ltd., which suffered a total loss of stock in 2012. After a protracted assessment process, the insurer eventually offered a settlement of Rs 7.16 crore, far less than the claim of over Rs 14 crore, and conditioned …

MISHRA AND S. RAVINDRA BHAT, JJ.]versusRAVE SCANS PVT. LTD. & ORS.

2019 INSC 1228Appeal(s) allowed

The corporate insolvency resolution process (CIRP) was initiated against Rave Scans Pvt. Ltd. under Section 10 of the IBC, and the resolution applicant offered Rs. 54 crore against a liquidation value of Rs. 36 crore. The approved resolution plan gave the dissenting financial creditor, Hero Fincorp …

AWADHESH KUMARversusSTATE OF U.P. & ANR.

2019 INSC 1229Appeal(s) allowed

The complainant's mother complained to the accused Ravinder about his nephew's misconduct, leading to a quarrel in which Ravinder, armed with a country‑made pistol, fired at her from close range, causing her death. The trial court convicted Ravinder under Section 302 IPC for murder, while the High …

TATA HOUSING DEVELOPMENT COMPANY LTDversusAALOK JAGGA AND OTHERS

2019 INSC 1203Dismissed

The Supreme Court examined Tata Housing Development Co.'s attempt to construct a high‑rise housing project (CAMELOT) on 52.66 acres in Mohali, Punjab, which lay within 123 metres of the Sukhna Wildlife Sanctuary and inside the catchment area of Sukhna Lake. The appellants argued that the …

MRINALINI PADHversusUNION OF INDIA & OTHERS

2019 INSC 1202Directions issued

The petition under Article 32 sought a court‑ordered investigation into the disappearance of the keys to the Ratna Bhandar of Shri Jagannath Temple, Puri, and directions for the preservation, management and inventory of the temple’s valuables, as well as provision of express darshan for devotees. …

SUPERINTENDING ENGINEER/ DEHAR POWER HOUSE CIRCLE BHAKRA BEAS MANAGEMENT BOARD (PW) SLAPPER & ANOTHERversusEXCISE AND TAXATION OFFICER, SUNDER NAGAR/ ASSESSING AUTHORITY

2019 INSC 1200

The petitioners, the Himachal Pradesh Bhakra Beas Management Board and others, challenged a High Court order that refused to condone a revision filed under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005 after the 90‑day period prescribed for such revisions. The issue was whether …

MISHRA AND S. ABDUL NAZEER, JJ.]versusSARAH C. URS & ORS.

2019 INSC 1186Disposed off

The suit concerned a house inherited by the late K. Basavaraja Urs and his son K.B. Ramchandra Raj Urs (defendant No.1). Plaintiffs Sarah C. Urs and P. Chandrakantaraj Urs entered into an agreement to purchase the property on 24 April 1979, with the late father acting through his son as power of …

SHREE RAM URBAN INFRASTRUCTURE LTD. & ANR.versusSTATE OF MAHARASHTRA & ORS.

2019 INSC 1188Disposed off

Shree Ram Urban Infrastructure Ltd (SRUIL) obtained development permission and a commencement certificate for a residential tower and a public parking lot (PPL) under the Maharashtra Regional and Town Planning Act, 1966 and the 1991 Development Control Regulations (DCR). SRUIL constructed the PPL up …

SHAH AND S. RAVINDRA BHAT, JJ.]versusMANOHAR LAL & ORS. ETC.

2019 INSC 1184

The Supreme Court considered an application for recusal of Justice Arun Mishra, who had earlier expressed an opinion on Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in a three‑Judge Bench. The matter was referred to a …

NARESH KUMAR & ORS.versusGOVT. OF NCT OF DELHI

2019 INSC 1151Appeal(s) allowed

The appellants' land was acquired under the Land Acquisition Act, 1894 and an award dated 01‑10‑2003 granted them compensation of Rs.1,97,08,397. On 14‑07‑2004 the Collector issued a "review" award reducing the compensation by Rs.49,39,195 on the ground that certain structures on the land were …

UNION OF INDIA AND ORS.versusGAUTAM KHAITAN

2019 INSC 1143Appeal(s) allowed

The Delhi High Court had restrained the Union of India from proceeding against Gautam Khatian under Section 55 of the Black Money Act, holding that the Act’s penal provisions were retrospectively applicable from 1 July 2015. The Supreme Court examined whether the Central Government, while exercising …

THE STATE OF MADHYA PRADESHversusSABAL SINGH (DEAD) BY LRS. & ORS.

2019 INSC 1141Appeal(s) allowed

The plaintiffs, successors of an ex‑Zamindar, sued the State of Madhya Pradesh seeking declaration of Bhumiswami rights and a permanent injunction, claiming that the disputed land was Khud‑kasht (personally cultivated) and therefore exempt from vesting under the Madhya Bharat Zamindari Abolition …

SHIV KUMAR & ANR.versusUNION OF INDIA & ORS.

2019 INSC 1142Dismissed

The petitioners purchased land in Delhi after a Section 4 notification under the Land Acquisition Act, 1894 had been issued, and later sought a declaration under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that the …

VIDHI HIMMAT KATARIYA AND OTHERSversusTHE STATE OF GUJARAT AND OTHERS

2019 INSC 1137Dismissed

The petitioners, students with locomotor disabilities, sought admission to the MBBS course for the 2019‑20 academic year under the 5% reservation for persons with disabilities, arguing that the eligibility criteria should be governed by the 2017 MCI regulations because the admission process began …

DUNCANS INDUSTRIES LTD.versusA. J. AGROCHEM

2019 INSC 1136Dismissed

DUNCANS INDUSTRIES Ltd., a corporate debtor managing fourteen tea gardens, defaulted on payments to operational creditor A.J. Agrochem. The creditor filed an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The debtor argued that, because the Central Government …

YATINKUMAR JASUBHAI PATEL AND OTHERSversusSTATE OF GUJARAT AND OTHERS

2019 INSC 1123Dismissed

The petitioners challenged Gujarat University rules that gave preference to its own graduates for postgraduate medical seats, arguing that the NEET (PG) scheme and Section 10D of the Medical Council Act, 1956 require admissions to be based solely on NEET merit, rendering the institutional preference …

RAMESH NIVRUTTI BHAGWATversusDR. SURENDRA MANOHAR PARAKHE

2019 INSC 1122Dismissed

Antoinette Bhagwat's will was probated in California and, in ancillary proceedings, letters of administration were granted by the Bombay High Court in 1994 to Dr. Surendra Parakhe. Ramesh Nivrutti Bhagwat, a relative of the deceased's husband, claimed he had no notice of this grant and filed a …

NUSLI NEVILLE WADIAversusIVORY PROPERTIES & ORS.

2019 INSC 1138Reference answered

The petition sought clarification on the scope of Section 9A of the Code of Civil Procedure (Maharashtra amendment) concerning the court's "jurisdiction to entertain" a suit and whether a plea of limitation could be decided as a preliminary issue. The Division Bench of the Bombay High Court had held …

UNION OF INDIAversusSTATE OF MAHARASHTRA AND ORS.

2019 INSC 1102Case Allowed

The Union of India sought review of the Supreme Court's directions in Dr. Subhash Kashinath Mahajan v. State of Maharashtra, which required approval of the appointing authority for arresting a public servant and of the SSP for a non‑public servant, and mandated a preliminary inquiry by a Dy SP …

SMT. NARAYANAMMA & ANR. ETC. ETC.versusSRI GOVINDAPPA & ORS. ETC. ETC.

2019 INSC 1091Appeal(s) allowed

The suit concerned a piece of land granted in 1983 under the Karnataka Land Reforms Act, 1961 with a 15‑year non‑alienation clause. The predecessor‑in‑title mortgaged the land to the plaintiff on 23‑04‑1990 and, a month later, executed an agreement to sell the same land. The plaintiff sued for …

DINA NATH (D) BY LRS & ANR.versusSUBHASH CHAND SAINI & ORS.

2019 INSC 1074Appeal(s) allowed

The appeal concerned a dispute under the Delhi Rent Control Act, 1958 where the landlord sought eviction of the tenants and the Rent Controller, invoking Section 15(7), struck out the tenants' defence in the pending eviction petition. The tenants argued that they had paid all arrears and even …

NARAIN SINGHversusUNION OF INDIA & ORS.

2019 INSC 1064Appeal(s) allowed

Narain Singh, a driver in the Indian Army, served for over 13 years and accrued four red‑ink entries between June 1993 and May 1994. The Army discharged him under Rule 13(3)(III)(v) of the Army Rules, 1954 solely on the basis of those entries, before he could complete his pensionable service. Singh …

UNION OF INDIA & ORS.versusM/S UNICORN INDUSTRIES

2019 INSC 1055Appeal(s) allowed

The Union of India had granted a ten‑year exemption from excise duty for certain goods, including pan masala and tobacco products, through a 2003 notification. In 2007 it issued a new notification withdrawing that exemption on the ground that the products were hazardous to health. Manufacturers such …

ITC LIMITEDversusCOMMISSIONER OF CENTRAL EXCISE, KOLKATA IV

2019 INSC 1049Disposed off

ITC Limited, a paper manufacturer, paid customs duty on waste paper after mistakenly claiming an exemption. It later filed a refund claim for duty paid between July 2001 and March 2002 under Section 27 of the Customs Act. The claim was rejected by the Assessment Committee, Commissioner of Appeals …

MUNICIPAL COUNCIL NEEMUCHversusMAHADEO REAL ESTATE AND ORS.

2019 INSC 1040Appeal(s) allowed

The Municipal Council of Neemuch invited tenders for a 30‑year lease of a municipal land without first obtaining the State Government's sanction required under Section 109 of the Madhya Pradesh Municipality Act, 1961. Two council members objected, leading the Collector to stay the process and direct …

STATE OF ODISHA & ANOTHERversusANUP KUMAR SENAPATI & ANOTHER

2019 INSC 1034Disposed off

The Supreme Court examined whether employees of non‑government educational institutions could claim grant‑in‑aid under the Orissa (Non‑Government Colleges, Junior Colleges and Higher Secondary Schools) Grant‑in‑aid Order, 1994 after that order was repealed by the 2004 Order (and subsequently by the …

M/S AVINASH HITECH CITY 2 SOCIETY & ORS.versusBODDU MANIKYA MALINI & ANR. ETC.

2019 INSC 1011Appeal(s) allowed

The original landowners entered into development agreements and later formed three societies, including the appellant society, to develop a complex. Disputes arose over the sharing of lease rents collected by the appellant society from a building, leading the respondents to file petitions under …

S.C.R.COMMISSIONER OF CUSTOMS, BANGALORE-1versusM/S MOTOROLA INDIA LTD.

2019 INSC 1004Appeal(s) allowed

Motorola India imported raw materials under Notification No. 30/1997 which exempted such imports from customs duty provided they were used to manufacture pagers. The company ceased pager production, leaving a portion of the duty‑free material unused, and the Customs Commissioner levied duty, …

THE STATE OF MAHARASHTRA AND OTHERSversusM/S MOTI RATAN ESTATE AND ANOTHER

2019 INSC 998Appeal(s) allowed

The State of Maharashtra sought to acquire land in Asarjan village under the Land Acquisition Act, 1894. After issuing notifications under Sections 4 and 6, several landowners filed writ petitions challenging the acquisition. The High Court granted interim stays in writ petitions 7867/2012, …

M.C. MEHTAversusUNION OF INDIA & ORS.

2019 INSC 982Directions issued

The Supreme Court, hearing M.C. Mehta's writ petition concerning the acute parking shortage in Delhi, observed that inadequate public transport and unplanned urban growth have led to severe congestion, pollution, and safety hazards, violating the right to life under Article 21. The Court noted the …

PREM SINGHversusSTATE OF UTTAR PRADESH & ORS.

2019 INSC 983Disposed off

Prem Singh, a welder, worked for about 37 years in a work‑charged establishment of the Uttar Pradesh government and was later regularised before superannuation. He claimed that the period spent in the work‑charged establishment should be counted as qualifying service for pension under the Uttar …

GOA STATE COOPERATIVE BANK LTD.versusKRISHNA NATH A. (DEAD) THROUGH LRS. AND OTHERS

2019 INSC 920Appeal(s) allowed

The Goa State Cooperative Bank Ltd., appointed as liquidator of the Goa State Cooperative Fisheries Federation Ltd., filed 156 recovery suits against defaulting members for loans advanced by the Society. While many of these suits were stayed pending appeals, the Society’s winding‑up was deemed …

TARUN JIT TEJPALversusTHE STATE OF GOA & ANR.

2019 INSC 918Dismissed

Tarun Jit Tejpal was charged under IPC sections 354, 354A, 354B, 341, 342, 376(2)(f) and 376(2)(k) for alleged sexual offences. After the charge‑sheet was filed, the trial court framed charges under CrPC ss.227/228. The appellant sought discharge on the ground that the informant and the …

UNION OF INDIA AND ANOTHERversusMOHIUDDIN MASOOD AND OTHERS

2019 INSC 914Appeal(s) allowed

The Union of India and the Indo‑Tibetan Border Police (ITBP) sought to acquire about 72‑75 acres of land in Kanpur Nagar for a battalion headquarters, invoking the urgency clause under Section 17 of the Land Acquisition Act, 1894 and dispensing with the enquiry required by Section 5A. The Allahabad …

M/S SHAHI AND ASSOCIATESversusSTATE OF U.P. & ORS.

2019 INSC 875Appeal(s) allowed

M/s Shahi and Associates entered into a construction contract with the Uttar Pradesh government and invoked arbitration in 1999. The arbitrator awarded Rs. 17,86,339 with interest at 18% per annum under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. The District Judge and the …

RAVINDER KAUR GREWAL & ORSversusMANJIT KAUR & ORS.

2019 INSC 930Directions issued

The Supreme Court examined whether a plaintiff who has acquired title by adverse possession can file a suit under Article 65 of the Limitation Act, 1963 for a declaration of title and injunction, i.e., use adverse possession as a "sword" rather than merely a defence. The Court overruled its earlier …

BIKRAM CHATTERJI & ORSversusUNION OF INDIA & ORS.

2019 INSC 799Dismissed not complying condition order

Home buyers booked flats in various projects of the Amrapali Group of companies in Noida and Greater Noida, paying substantial amounts between 2010-2014. The builders failed to deliver possession within the promised 36 months and did not pay dues to the Noida and Greater Noida Authorities or repay …

RB DEALERS PRIVATE LIMITEDversusTHE METRO RAILWAY, KOLKATA

2019 INSC 771

RB Dealers Private Limited owned land that was acquired for the Kolkata Metro project under the Metro Railways (Construction of Works) Act, 1978. The competent authority initially awarded market value and a sum for the structure, which was later enhanced by the appellate authority to include a 12% …

OMKAR SINGHversusSTATE OF U.P. & ORS.

2019 INSC 765Appeal(s) allowed

The Supreme Court examined the eligibility criteria for the Teacher Eligibility Test (TET) under the National Council for Teacher Education (NCTE) guidelines, specifically the meaning of the term “pursuing” in clause 5(ii). The petitioners, who had been appointed as Assistant Teachers while still …

CENTRAL BUREAU OF INVESTIGATION & ANRversusMOHD. PARVEZ ABDUL KAYUUM ETC

2019 INSC 724Disposed off

The Supreme Court considered appeals against the Gujarat High Court's judgment that acquitted several accused of murder and terrorism charges in the killing of former Home Minister Haren Pandya and the attempted murder of Jagdish Tiwari. The CBI had investigated and found both incidents were part of …

VASAVI ENGINEERING COLLEGE PARENTS ASSOCIATIONversusSTATE OF TELANGANA AND OTHERS

2019 INSC 705Appeal(s) allowed

The Telangana Admission and Fee Regulatory Committee (TAFRC) fixed fee structures for private unaided professional institutions for the 2016‑17 to 2018‑19 block period. The High Court, dissatisfied with the TAFRC's recommendations, remitted the matter, then independently fixed higher fees, …

PARSA KENTE COLLIERIES LIMITEDversusRAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED

2019 INSC 687Case Partly allowed

Parsha Kente Collieries Ltd entered into a Coal Mining and Delivery Agreement with Rajasthan Rajya Vidyut Utpadan Nigam Ltd for coal supply. Disputes arose over price escalation, fixed costs, and an escrow account, leading to arbitration where the arbitrator allowed claims on price adjustment, fixed …

ANJUM HUSSAIN & ORS.versusINTELLICITY BUSINESS PARK PVT. LTD. & ORS.

2019 INSC 673Appeal(s) allowed

The appellants, a group of 44 buyers, had booked office and shop spaces in the Intellicity project and the builder failed to deliver possession within the agreed four‑year period. They filed a class action under Section 12(1)(c) of the Consumer Protection Act, 1986 seeking refund, interest and …

RAKESH TIWARI, ADVOCATEversusALOK PANDEY, C.J.M.

2019 INSC 679Disposed off

Advocate Rakesh Tiwari entered the chamber of Chief Judicial Magistrate Alok Pandey with several junior lawyers, hurled abusive language, threatened physical assault and attempted to intimidate the magistrate. The Allahabad High Court held that such conduct amounted to criminal contempt under …

RAM PARSHOTAM MITTAL & ORS.versusHOTEL QUEEN ROAD PVT. LTD. & ORS.

2019 INSC 678Disposed off

The Government of India disinvested its stake in ITDC, creating Hotel Queen Road Ltd (HQRL) as a special purpose vehicle. After Moral Trading & Investment Ltd acquired 99.97% of HQRL, the directors (the Mittals) passed three board resolutions in 2004‑2005 allotting and transferring shares to …

LAL BAHADUR GAUTAMversusSTATE OF U.P. AND OTHERS

2019 INSC 648Disposed off

Lal Bahadur Gautam, a lecturer in a private unaided college affiliated to Chaudhary Charan Singh University, was terminated on 24 April 2017 after the college had earlier issued a termination order on 4 June 2015 that was set aside by the Vice‑Chancellor for lacking prior approval under Section …

TATA POWER COMPANY LTD.versusADANI ELECTRICITY MUMBAI LTD. & ORS.

2019 INSC 616Dismissed

Tata Power Company Ltd (TPC), a city‑wide distribution licensee, supplied standby power to BSES/Reliance Energy Ltd (later Adani Electricity Mumbai Ltd) which served Mumbai suburbs. TPC paid Rs.24.75 crore per month as standby charges to Maharashtra State Electricity Board (MSEB) and recovered this …

STATE OF KARNATAKA & ANRversusKRISHNA KUMAR & ORS.

2019 INSC 562Appeal(s) allowed

The State of Karnataka implemented the Sarva Shiksha Abhiyan (SSA) scheme by upgrading certain primary schools to higher primary schools with an 8th standard. An Office Memorandum dated 7 April 2010 introduced clause 13 allowing teachers to apply for mutual transfers, subject to mutual consent and …

STATE OF RAJASTHAN AND OTHERSversusMUKESH SHARMA

2019 INSC 545Appeal(s) allowed

Several convicts sentenced to life imprisonment filed writ petitions challenging Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006, which required them to serve 14 years of actual imprisonment and earn a minimum of four years of remission before their cases could be …

MISHRA AND NAVIN SINHA, JJ.]versusRAJ KUMAR ANAND

2019 INSC 369Dismissed

The respondent, Raj Kumar Anand, a Trained Graduate Teacher, was granted Assured Career Progression (ACP) and placed in an upgraded pay scale effective 10 August 2006 by an order dated 25 April 2008. After the 6th Central Pay Commission’s rules (Central Civil Service (Revised Pay) Rules, 2008) came …

THE STATE OF MADHYA PRADESH & ORS.versusBUNTY

2019 INSC 368Appeal(s) allowed

The State of Madhya Pradesh appealed against a Division Bench order that had directed the issuance of an appointment order to Bunty, who had applied for the post of police constable. Bunty had cleared the recruitment tests, but the Screening Committee denied his appointment on the ground that he was …

STATE OF WEST BENGAL & ORS.versusDR. TONMOY MONDAL

2019 INSC 352Appeal(s) allowed

Dr. Tonmoy Mondal, a medical officer in West Bengal Health Services, applied for voluntary retirement under Rule 75(aaa) of the West Bengal Service Rules, 1971. The State declined his request on the ground of public interest, a decision later quashed by the West Bengal Administrative Tribunal. The …

MISHRA AND NAVIN SINHA, JJ.]versusVIVEKANANDA VIDYAMANDIR AND OTHERS

2019 INSC 288Disposed off

The Supreme Court examined whether special allowances paid by various establishments, including an unaided school, to their employees fall within the definition of "basic wages" under Sections 2(b)(ii) and 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for the purpose of …

VAISHNORANI MAHILA BACHAT GATversusSTATE OF MAHARASHTRA & ORS.

2019 INSC 278Disposed off

The petitioners challenged a 2016 Maharashtra tender for supplying ready‑to‑cook food to Anganwadi centres, alleging that the tender’s conditions – mandatory use of extrusion technology, a turnover threshold of Rs 1 crore and requirement of automated production units – were arbitrary and excluded …

COMMON CAUSE & ANRversusUNION OF INDIA & ANR.

2019 INSC 228Dismissed

Common Cause and an RTI activist filed a writ petition under Article 32 seeking to quash the appointment of Mr. Nageshwar Rao as interim Director of the CBI and to compel the Union of India to appoint a regular Director in accordance with Section 4A of the Delhi Special Police Establishment Act, …

MISHRA AND NAVIN SINHA, JJ.]versusASHA SRIVASTAVA & ORS.

2019 INSC 198Dismissed

The respondent, a teacher appointed on probation at a privately managed primary school, sought approval of her appointment and later challenged her suspension and termination, which were effected without a departmental enquiry. The High Court initially dismissed her writ on the ground that the …

– CITIZENSHIP STATUSversusTHE STATE OF BIHAR & ORS.

2019 INSC 202Appeal(s) allowed

The petitioners challenged Rule 5A(3) of the Bihar Civil Service (Judicial Branch) Recruitment Rules, 1955, which limited the number of candidates called for the final written examination to 10% of those who appeared in the preliminary test. They argued that the rule violated the Supreme Court's …

CHATTAR SINGH & ORSversusMADHO SINGH & ORS.

2019 INSC 150Dismissed

The plaintiffs, villagers, sued to declare that a 72‑bigha parcel recorded as ‘Charnoi’ (common grazing land) vested in the State under the Madhya Bharat Zamindari Abolition Act, 1951, and could not be claimed by the ex‑Zamindar’s heirs. The ex‑Zamindar’s father had earlier obtained a Bhumiswami …

REGIONAL TRANSPORT OFFICER & ORS. ETC.versusK. JAYACHANDRA & ANR. ETC.

2019 INSC 40Appeal(s) allowed

The Supreme Court examined whether structural modifications to motor vehicles that alter dimensions or specifications beyond those originally specified by the manufacturer constitute a prohibited "alteration" under section 52 of the Motor Vehicles Act, 1988 as amended by Act 27 of 2000. Several writ …

SALEM MUNICIPALITYversusP. KUMAR & ORS.

2018 INSC 1058Appeal(s) allowed

The case concerned a parcel of land that formed part of the Chinneri tank bund, leased intermittently by the predecessor S. Vijayaranga Mudaliar and later purchased by P. C. Pachiappan. The plaintiff sought declaration of title and a permanent injunction against the State of Tamil Nadu, Salem …

DR. NAGORAO SHIVAJI CHAVANversusDR. SUNIL PURUSHOTTAM BHAMRE & ORS.

2018 INSC 1062Leave Granted & Allowed

The appellant, Dr. Nagorao Shivaji Chavan, challenged his transfer to the post of Civil Surgeon, Jalgaon, arguing that the order violated the three‑year normal tenure prescribed under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties …

SANJAY JAINversusNATIONAL AVIATION CO. OF INDIA LTD.

2018 INSC 1032Appeal(s) allowed

Sanjay Jain, a permanent Assistant Aircraft Engineer with Air India, served a five‑year bond and thereafter gave a 30‑day notice of resignation effective 1 October 2006. After the notice period, Air India refused to accept his resignation and demanded he report for duty, withholding his pending …

S. SAROJINI AMMAversusVELAYUDHAN PILLAI SREEKUMAR

2018 INSC 1005Leave Granted & Allowed

The appellant, a 74‑year‑old widow, executed a deed styled as a gift in favour of her nephew, the respondent, but the deed was executed for consideration and was conditional on the respondent caring for the appellant and her husband and taking effect only after their deaths. The appellant later …

MEDICAL COUNCIL OF INDIAversusLORD BUDDHA EDUCATIONAL SOCIETY & ORS.

2018 INSC 943Appeal(s) allowed

The Medical Council of India (MCI) and the Union of India debarred Lord Buddha Educational Society’s medical college for the 2018‑19 academic year after inspections revealed gross deficiencies in faculty, resident numbers and bed occupancy, invoking Regulation 8(3)(1)(a) of the 1999 Medical College …

MINISTRY OF AYUSHversusDR. VANITHA R. & ANR.

2018 INSC 907Appeal(s) allowed

The case concerned a vacancy in the office of President of the Central Council of Indian Medicine (CCIM) after the member representing Uttarakhand lost his council membership, creating a casual vacancy. An election was held on 14 March 2017 and Dr Vanitha R was elected President. The Ministry of …

AMBADEVI SANSTHA & ORS.versusJOINT CHARITY COMMISSIONER & ORS.

2018 INSC 873Appeal(s) allowed

Shri Ambadevi Sanstha, a registered public trust under the Bombay Public Trusts Act, applied to the Joint Charity Commissioner (JCC) for permission to sell several trust properties after it had already received earnest money from a purchaser. Two prospective buyers offered higher prices and the …

SATLUJ JAL VIDYUT NIGAMversusRAJ KUMAR RAJINDER SINGH (DEAD) THROUGH LRS. & ORS.

2018 INSC 858Leave Granted & Allowed

The case concerned whether the heirs of a former jagirdar could claim compensation under the Land Acquisition Act for land that had already vested in the State of Himachal Pradesh under the 1953 Abolition Act and for which compensation had been paid under both the Abolition Act and the 1972 Ceiling …

MEDICAL COUNCIL OF INDIAversusN.C. MEDICAL COLLEGE & HOSPITAL & ORS.

2018 INSC 817Appeal(s) allowed

The Medical Council of India (MCI) appealed against a Punjab & Haryana High Court order that allowed N.C. Medical College to admit 150 MBBS students for the 2018‑19 session. The High Court had directed the Central Government to grant permission by 31 May 2018, relying on a government order issued …

MEDICAL COUNCIL OF INDIAversusSTATE OF KERALA & ORS.

2018 INSC 810Appeal(s) allowed

The Supreme Court examined the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017, which sought to regularise 180 MBBS admissions that had been cancelled by the Admission Supervisory Committee, the Kerala High Court and this Court. The Court held that the …

STATE OF UTTAR PRADESH & ORS.versusACHAL SINGH

2018 INSC 740Appeal(s) allowed

Four doctors of the Provincial Medical Service applied for voluntary retirement under Rule 56(c) of the Uttar Pradesh Fundamental Rules, but the State Government did not accept their notices. The High Court allowed the doctors' writ petitions, treating them as retired. On appeal, the Supreme Court …

RAJDEEP GHOSHversusSTATE OF ASSAM & ORS.

2018 INSC 718Dismissed

The petitioners, students from Assam, challenged Rule 3(1)(c) of the 2017 Rules governing admission to first‑year MBBS/BDS courses, which required candidates to have studied in Assam from class VII to XII, with relaxations only for children of government employees posted outside the state. They …

BANGALORE DEVELOPMENT AUTHORITY & ANR.versusTHE STATE OF KARNATAKA & ANR.

2018 INSC 674Disposed off

In 2008 the Bangalore Development Authority (BDA) issued a scheme and preliminary notification under Section 17 of the Bangalore Development Authority Act, 1976 to acquire land for civic amenities. Five years later, landowners filed writ petitions alleging that the BDA and the State Government had …

M. AAMIRA FATHIMA AND OTHERSversusANNAMALAI UNIVERSITY AND OTHERS

2018 INSC 611Leave Granted & Allowed

The petitioners, students of the MBBS and BDS programmes at Rajah Muthiah Medical College (a constituent college of Annamalai University), challenged the university's fee structure, alleging it was excessive and not subject to the fee‑fixation mechanism under the Tamil Nadu Educational Institutions …

UNION OF INDIAversusMOOLCHAND KHAIRATI RAM TRUST

2018 INSC 593Appeal(s) allowed

The Supreme Court examined whether the Government of NCT of Delhi could impose a condition requiring private charitable hospitals that received land at concessional rates to provide free treatment to economically weaker sections. The Court held that such a condition is a valid exercise of executive …

COMMON CAUSE (A REGD. SOCIETY) & ORS.versusUNION OF INDIA & ORS.

2018 INSC 568Disposed off

The petitioners, including Common Cause, challenged the appointments of K.V. Chowdary as Central Vigilance Commissioner (CVC) and T.M. Bhasin as Vigilance Commissioner (VC) on the ground that the selections violated the constitutional principles of impeccable and institutional integrity. They …

SIDDAGANGAIAH (D) THR. LRS.versusN.K. GIRIRAJA SHETTY (D) THR. LRS.

2018 INSC 506Appeal(s) allowed

The appellant (defendant) sought to enforce a maintenance decree against her husband, during which the husband executed a sale deed of the disputed property to the plaintiff. The decree was later executed by a court auction, where the decree‑holder purchased the property, and the sale was confirmed …

PURUSHOTTAM S/O TULSIRAM BADWAIKversusANIL & ORS.

2018 INSC 446Appeal(s) allowed

The appellant and respondents entered into a partnership agreement in 2005 that contained an arbitration clause referring to the Indian Arbitration Act, 1940. The respondents filed a suit seeking injunction, and the appellant moved an application under Section 8 of the Arbitration and Conciliation …

VINOD KUMAR DHALLversusDHARAMPAL DHALL (DECEASED)THROUGH HIS LRS. & ORS.

2018 INSC 421Appeal(s) allowed

Dharampal Dhall (deceased) filed a suit for restoration of possession, mesne profits and a permanent injunction over a house in Tagore Garden, claiming exclusive ownership based on a lease deed and subsequent name change. The defendants, his brother and sister, contended that the house was a family …

SHAKTI PRASAD BHATT ETC. ETC.versusTHE STATE OF UTTARAKHAND AND ORS. ETC.

2018 INSC 420Appeal(s) allowed

The petitioners, Kurk Amins originally appointed in Uttar Pradesh, claimed that they were government servants as held by the Allahabad High Court (1985) and affirmed by the Supreme Court in State of U.P. v. Chandra Prakash Pandey (2001). After the bifurcation of Uttar Pradesh and creation of …

COMPETITION COMMISSION OF INDIAversusTHOMAS COOK (INDIA) LTD. & ANR.

2018 INSC 352Appeal(s) allowed

The Competition Commission of India (CCI) imposed a penalty of Rs. 1 crore on Thomas Cook India Ltd., Thomas Cook Insurance Services India Ltd., and Sterling Holiday and Resorts India Ltd. for failing to notify certain market purchase transactions under section 6(2) of the Competition Act, 2002. The …

SCM SOLIFERT LIMITED & ANR.versusCOMPETITION COMMISSION OF INDIA

2018 INSC 354Dismissed

SCM Solifert Ltd. and another acquired 24.46% of Mangalore Chemicals and Fertilisers Ltd. (MCFL) in 2013 and an additional 1.7% in 2014, bringing their holding to 25.3%. The Competition Commission of India (CCI) held that the appellants failed to give prior notice of the proposed combination under …

STATE OF MAHARASHTRA AND OTHERSversusDR. SHARVIL THATTE AND OTHERS

2018 INSC 309Dismissed

The State of Maharashtra issued a notification for admission to postgraduate medical and dental courses in unaided private institutions, stipulating that candidates must be domiciled in Maharashtra. Respondents filed a writ petition challenging this domicile requirement as unconstitutional. The …

DR. KRITI LAKHINA AND OTHERSversusSTATE OF KARNATAKA AND OTHERS

2018 INSC 302Appeal(s) allowed

The petitioners, 44 doctors who cleared NEET‑PG 2018, challenged Clause 4.1 of the Karnataka Information Bulletin (PGET‑2018) which required candidates to be of Karnataka origin and to have ten years of domicile for admission to 50% government‑quota postgraduate medical and dental seats. The State …

RAKESH BIRANI (D) THROUGH LRS.versusPREM NARAIN SEHGAL & ANR.

2018 INSC 253Appeal(s) allowed

The auction of an immovable property was held on 14 February 2013, where the appellant was the highest bidder and paid the required earnest money and 25% of the sale price. The secured creditor confirmed the sale by letter on 27 February 2013, after which the appellant deposited the remaining 75% on …

UNION OF INDIA AND OTHERSversusCHAMAN RANA

2018 INSC 230Appeal(s) allowed

The petitioners, senior officers of the Border Security Force, were superseded in 1996 and 2000 and later promoted after meeting the revised "very good" benchmark. They filed numerous representations over the years and finally instituted writ petitions in 2016 seeking retrospective promotion from …

TANIYA MALIKversusTHE REGISTRAR GENERAL OF THE HIGH COURT OF DELHI

2018 INSC 168Dismissed

The Supreme Court examined petitions challenging the 2015 Delhi Judicial Service Examination, where petitioners sought re‑valuation of answer sheets, moderation of marks, relaxation of minimum qualifying percentages in written papers and viva voce, and rounding‑off of aggregate marks. The Court held …

INDORE DEVELOPMENT AUTHORITYversusSHAILENDRA (DEAD) THROUGH LRS. & ORS.

2018 INSC 115Directions issued

The case involved the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Section 31 of the Land Acquisition Act, 1894. The main issue was whether non-deposit of compensation in court under Section 31(2) …

TRIPURARI SHARAN AND ANR.versusRANJIT KUMAR YADAV & ORS.

2018 INSC 25Dismissed

The appeal concerned the procedure for admission to postgraduate medical courses where a candidate belonging to a reserved category qualifies on merit and is placed in the general merit list, termed a Meritorious Reserved Candidate (MRC). The petitioners argued that when an MRC opts for a seat …

NAGAIAH AND ANOTHERversusSMT. CHOWDAMMA (DEAD) BY LRS. AND ANOTHER

2018 INSC 6Appeal(s) allowed

The appellants, two brothers, filed a suit in 1985 seeking a declaration that they were entitled to two‑thirds of a family property and that a sale deed executed by their father in favour of the second defendant was not binding on their share. The suit was filed on behalf of the younger brother, who …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND OTHERS

2017 INSC 1091Dismissed

The Campaign for Judicial Accountability and Reforms filed a public‑interest litigation seeking a writ of mandamus directing the Supreme Court to constitute a Special Investigation Team, headed by a retired Chief Justice of India, to probe an FIR (RCIO(A)/2017‑AC.III) alleging conspiracy and bribes …

MITESH KUMAR RAMANBHAI PATEL & ORS.versusSTATE OF GUJARAT & ORS.

2017 INSC 1123Appeal(s) allowed

The appellants alleged that consent forms for land acquisition were obtained on blank documents in 1989, after which the State took possession and paid only 80-90% of the agreed compensation. The State delayed issuing a notification under Section 4 of the Land Acquisition Act, 1894 until 1996 and …

DELHI METRO RAIL CORPORATION LTD.versusTARUN PAL SINGH & ORS.

2017 INSC 1119Appeal(s) allowed

The Delhi Metro Rail Corporation (DMRC) acquired land for a metro project under the Land Acquisition Act, 1894, completed the acquisition and paid full compensation before the 2013 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR Act) …

KAMINI JAISWALversusUNION OF INDIA & ANR.

2017 INSC 1112Dismissed

The petitioners, including a member of the Commission for Judicial Accountability and Reforms, filed successive writ petitions alleging that an FIR implicated senior judicial functionaries and that the Chief Justice of India (CJI) should not hear or assign the matter. They sought a Special …

SHEO NARAIN NAGAR & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2017 INSC 1101Appeal(s) allowed

The appellants were first engaged on a daily‑wage basis in August 1993, later on a contractual basis in 1996, and were given the minimum pay‑scale in 2000. In 2006 they were conferred temporary status with retrospective effect from 2 October 2002. The Allahabad High Court directed that they be …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND ANOTHER

2017 INSC 1091Matter referred to larger bench

The Supreme Court clarified that the Chief Justice of India (CJI) is the sole authority to constitute benches and allocate cases, a principle derived from the State of Rajasthan v. Prakash Chand judgment and applicable to the Supreme Court. The Court held that a two‑judge bench cannot direct the …

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITYversusPRADIP KUMAR GHOSH & OTHERS

2017 INSC 1045Appeal(s) allowed

The Kolkata Metropolitan Development Authority (KMDA) appealed against a Division Bench order that quashed its acquisition of a flat requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. The property had been under requisition since 1979 and the High Court, in 1993, …

EASTERN COALFIELDS LTD. & ORS.versusPRATIVA BISWAS & ORS.

2017 INSC 1029Dismissed

The case concerned employees of the Central Hospital, Kalla who were transferred to Eastern Coalfields Ltd. (ECL) and opted for absorption under the company's pay scales. The employees were assured that neither their basic salary nor total emoluments would be reduced. After fitment, the basic salary …

PANKAJBHAI RAMESHBHAI ZALAVADIYAversusJETHABHAI KALABHAI ZALAVADIYA (DECEASED)

2017 INSC 989Appeal(s) allowed

The appellant filed a suit in 2008 to cancel a 1995 sale deed of land that had been purchased by defendant No. 7, who had died before the suit was instituted. The trial court dismissed the appellant’s application to bring the deceased defendant’s legal representatives on record under Order 22 Rule …

CYRUS RUSTOM PATELversusTHE CHARITY COMMISSIONER MAHARASHTRA, STATE & ORS.

2017 INSC 974Appeal(s) allowed

The appellant, a trustee of the B.C. Batliwala Agiary Trust, challenged the sanction granted by the Charity Commissioner of Maharashtra under Section 36 of the Bombay Public Trusts Act, 1950, for a joint‑venture development‑cum‑sale of a 3,012‑sq‑m fire‑temple property to Astral Enterprises for …

STATE OF MAHARASHTRA & ORS.versusRELIANCE INDUSTRIES LTD. & ORS.

2017 INSC 945Appeal(s) allowed

The State of Maharashtra sought to acquire portions of two high‑rise buildings – the third floor of Reliance Centre and the second floor of the Express Building – where the land beneath the structures was owned by the Government or a Port Trust, but the buildings were owned by private parties. The …

ASSOCIATION OF ENGINEERSversusGOVERNMENT OF TAMIL NADU & ORS.

2017 INSC 906Dismissed

The Association of Engineers appealed against the Tribunal’s order directing that vacancies for Assistant Engineer be filled in a 3:1 ratio of direct recruitment to recruitment by transfer. The dispute centered on whether the 1985 Tamil Nadu Engineering Service Special Rules, which govern promotion …

MANOJ KUMAR ETC. ETC.versusSTATE OF HARYANA AND OTHERS ETC. ETC.

2017 INSC 1297Disposed off

The Supreme Court examined appeals arising from the acquisition of 561.38 acres in Haryana where the High Court had fixed compensation at Rs.1.46 crore per acre by applying a 15% cumulative annual increase and relying heavily on the Swaran Singh judgment. The Court held that such reliance was …

MAHAVIR & ORS.versusUNION OF INDIA & ANR.

2017 INSC 877Dismissed

Petitioners Mahavir and others claimed that compensation for 100 acres of land acquired in the Raisina‑Lutyens zone in 1911‑12 had never been paid and sought relief under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, which …

STATE OF UTTAR PRADESH & OTHERSversusMAWANA SUGARS LIMITED

2017 INSC 774Appeal(s) allowed

The State of Uttar Pradesh and its excise officials appealed against a High Court order that required Mawana Sugars Ltd. to retain only 25% of its balance stock of molasses for supply to country‑liquor distilleries for the Molasses Year 2015‑16. The dispute centered on the interpretation of the …

STATE OF GOAversusJOSE MARIA ALBERT VALES @ ROBERT VALES

2017 INSC 776Appeal(s) allowed

The State of Goa filed a complaint under Section 340 of the CrPC alleging that a prosecution witness, Jose Maria Albert Vales, gave false testimony under oath in a Sessions trial, constituting an offence under Section 193 IPC. The trial magistrate, without conducting a full inquiry, framed a charge …

STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICEversusK. N. NEHRU ETC.

2017 INSC 659Appeal(s) allowed

The State filed a criminal appeal against the discharge of K.N. Nehru, a former minister, and his wife under the Prevention of Corruption Act, 1988. The FIR alleged that they had amassed assets disproportionate to their known income, with the investigation also focusing on the income and assets of …

MUKHTIAR SINGH (SINCE DECEASED) THROUGH HIS L.R.versusSTATE OF PUNJAB

2017 INSC 621Appeal(s) allowed

The appellant, heir of the deceased Mukhtiar Singh, appealed against the conviction of the latter, a former Station House Officer, under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and receiving bribes of Rs.3,000 and Rs.2,000 during a police‑trap …

MUKUND DEWANGANversusORIENTAL INSURANCE COMPANY LIMITED

2017 INSC 576Reference answered

The Supreme Court examined whether a holder of a licence to drive a light motor vehicle (LMV) must obtain a separate endorsement to drive a transport vehicle of the same class. By interpreting the definitions in the Motor Vehicles Act, 1988, particularly section 2(21) and section 10(2)(d), the Court …

SANT LALversusRAJESH & ORS. ETC.

2017 INSC 581Appeal(s) allowed

The owner appealed an award of the Motor Accident Claims Tribunal (MACT) which held that the driver, who possessed only a licence for light motor vehicles (LMV), was unlicensed to drive a tractor attached to a trolley—a transport vehicle—thus breaching the insurance policy. The High Court affirmed …

K. S. VARGHESE & ORS.versusST. PETERS & PAULS SYRIAN ORTH. & ORS.

2017 INSC 580Dismissed

The Supreme Court dismissed appeals concerning the administration of Parish Churches within the Malankara Church, which has been divided between the Patriarch faction and the Catholicos faction. The core dispute was whether the 1934 Constitution of the Malankara Church or individual Udampady …

UMA SHANKAR & ORS.versusR. HANUMAIAH SINCE DECEASED THROUGH HIS LRS. & ORS.

2017 INSC 463Appeal(s) allowed

The land was acquired by the State in 1959 under the Land Acquisition Act, 1894 and possession was taken in 1975. Subsequent resolutions sought to reconvey portions of the land to R. Hanumaiah, but the Supreme Court held in 2005 that once possession is taken, Section 48 cannot be used to de‑acquire …

UNION OF INDIA & ANR.versusK. P. S. RAGHUVANSHI & ORS.

2017 INSC 1294Disposed off

DIG K.P.S. Raghuvanshi challenged the Departmental Promotion Committee (DPC) recommendation for his promotion to Inspector General of the Indian Coast Guard, alleging that the DPC was conducted under the newly issued Coast Guard Order (CGO) 02/09, which altered the Annual Confidential Report (ACR) …

THE TAHSILDAR, TALUK OFFJCE, THANJORE & ORS.versusG. THAMBIDURAI & ANOTJIER

2017 INSC 1292Appeal(s) allowed

The case concerned a parcel of land that was taken over by the Government in 1935 for non‑payment of land tax and classified as "bought‑in" land. The original owner’s heir, G. Thambidurai, claimed that under Revenue Standing Order (RSO) 45(4) he was entitled to a preference for reassignment of the …

STATE OF JHARKHAND THROUGH SP, CBIversusLALU PRASAD @ LALU PRASAD Y ADAY

2017 INSC 452Appeal(s) allowed

The State of Jharkhand, represented by the CBI, appealed against the Jharkhand High Court’s order quashing several criminal cases arising from the fodder scam on the ground that the accused had already been convicted in one case, invoking Article 20(2) of the Constitution and Section 300 of the CrPC …

MAHARAJI EDUCATIONAL TRUSTversusHOUSING & URBAN DEVELOPMENT CORPORATION LTD. & ORS.

2017 INSC 1288Disposed off

Maharaji Educational Trust borrowed Rs.75 crore from HUDCO and mortgaged six properties. It later exchanged 21 acres of one mortgaged property with Avas Parishad and entered into a sale agreement for the entire 63.45 acres (including the exchanged land) with SGS Constructions, which was subject to …

VENUversusPONNUSAMY REDDIAR (DEAD) THR. LRS. & ANR.

2017 INSC 403Dismissed

Venu filed a suit for partition against Ponnusamy Reddiar and obtained a preliminary decree on 23 November 1959. Thirty years later, on 3 October 1989, Venu applied for the appointment of a court commissioner to execute the preliminary decree. The appellant argued that the application was barred by …

RAMESH CHAND AND ORS.versusM/S. TANMAY DEVELOPERS PVT. LTD. & ORS.

2017 INSC 402Appeal(s) allowed

The appellants (land owners) entered into five sale agreements with Mis. Tanmay Developers, each involving payment of earnest money. The developer failed to obtain sale deeds within the stipulated time, leading the land owners to forfeit the earnest money. After a land acquisition notification in …

JASWINDER KAUR (NOW DECEASED) THROUGH .versusGURMEET SINGH AND ORS

2017 INSC 1280Appeal(s) allowed

The plaintiffs entered into an agreement to purchase 10.75 acres of land, paying earnest money of Rs.50,000 and an advance of Rs.14,50,000, but failed to arrange the balance consideration and were not ready to perform their part of the contract. The trial court and the first appellate court …

POWER MACHINES INDIA LIMITEDversusSTATE OF MADHYA PRADESH & ORS.

2017 INSC 355Dismissed

Power Machines India Ltd obtained an arbitral award under the Micro, Small and Medium Enterprises Development Act, 2006 directing it to pay a sum to Lakshmi Engineering Industries. The State of Madhya Pradesh, invoking Rule 5 of the Madhya Pradesh MSME Facilitation Council Rules, 2006, sought …

DELHI ADMINISTRATION & ANR.versusKIDARNATH MOHINDERNATH & ANR,

2017 INSC 293Appeal(s) allowed

The Delhi Administration issued a Section 4 notification under the Land Acquisition Act, 1894 to acquire lands in several villages, carving out an exception for lands where building plans had been sanctioned before 5 Nov 1980. Respondent Kidarnath Mohindernath claimed his land was exempt because a …

T. RAVI & ANR.versusB. CHINNA NARASIMHA & ORS. ETC.

2017 INSC 242Appeal(s) allowed

The case concerned a long‑standing partition suit over the matruka property of the late Nawab Jung, in which Defendant No.1 (Hamid Ali Khan) sold his share of 68 acres 10 guntas to Bala Mallaiah on 23‑Nov‑1959. The sale was challenged on the grounds that it was made during the pendency of the …

M/S. BRAKEWEL AUTOMOTIVE COMPONENTS (INDIA) PVT. LTD.versusP. R. SELVAM ALAGAPPAN

2017 INSC 248Appeal(s) allowed

M/S. Brakewel Automotive Components (India) Pvt. Ltd. obtained a decree for recovery of a sum of money from P.R. Selvam Alagappan. The respondent filed an application under Section 47 of the Code of Civil Procedure, 1908, challenging the executability of the decree on grounds of alleged mis‑joinder …

OM PRAKASH & ANR.versusMISHRI LAL (DEAD) REPRESENTED BY HIS LR. SAVITRI DEVI

2017 INSC 245Appeal(s) allowed

Om Prakash and another, joint owners of a property, filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Mishri Lal (deceased) represented by his legal heirs. The tenants admitted tenancy under the appellants' grandmother but denied the …

JAYAKANTHAM & OTHERSversusABAYKUMAR

2017 INSC 161Appeal(s) allowed

The appellants entered into an agreement to sell a residential property to the respondent for Rs 1.60 lakh, receiving Rs 60,000 as advance, with the balance to be paid on execution of the sale deed. The deed was not executed within the stipulated period and the respondent sued for specific …

PRABHAKARA ADIGAversusGOWRI & ORS.

2017 INSC 159Appeal(s) allowed

The plaintiff obtained a decree for permanent injunction restraining the defendant from interfering with his immovable property. The judgment‑debtor died shortly thereafter, and his heirs attempted to dispossess the plaintiff, prompting the plaintiff to file an execution petition. The issue before …

STATE OF BIHAR & ORS.versusRAMESH PRASAD VERMA (DEAD) THR. LRS.

2017 INSC 84Appeal(s) allowed

The State of Bihar sought to recover royalty at Rs 100 per cubic metre for boulder, gravel and shingle used for making chips, as fixed by a notification dated 24‑03‑2001, from 01‑04‑2001. The respondents argued that the subsequent notification dated 26‑12‑2001, which identified the specific …

COMMON CAUSE (A REGISTERED SOCIETY) AND OTHERSversusUNION OF INDIA AND OTHERS

2017 INSC 69Dismissed

The petitioners, Common Cause and others, sought a court‑ordered Special Investigation Team to probe alleged hawala transactions and cash seizures involving the Aditya Birla and Sahara groups, relying on documents seized in raids such as loose sheets, pen‑drives and laptop data. The respondents …

AVTAR SINGHversusUNION OF INDIA & ORS.

2017 INSC 1116Reference answered

The petitioners challenged the cancellation of their appointments and termination of service on the ground that they had either omitted or misrepresented information about criminal prosecutions, arrests, convictions or pendency of cases in the verification forms required for recruitment. The Supreme …

STATE OF MADHYA PRADESH & ORS.versusMIS. RUCHI PRINTERS

2016 INSC 376Appeal(s) allowed

The State of Madhya Pradesh ordered Mis. Ruchi Printers to print 37,07,726 copies of two booklets, with delivery deadlines of 8 February 2008 for the first half and 25 February 2008 for the balance. The State later extended the deadline to 31 March 2008 but expressly stated that no booklets would be …