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B S CHAUHAN

311 judgments · newest first · showing 1–200

BAL KISHAN GIRIversusSTATE OF U.P.

2014 INSC 413Dismissed

Bal Kishan Giri, a practising advocate, filed a complaint in the Allahabad High Court alleging that three High Court judges were biased and would grant bail to accused gangsters linked to a local MLA, after his nephew was murdered. The High Court issued a show‑cause notice for contempt, to which …

ANIL KUMARversusSTATE OF U.P.

2014 INSC 413Dismissed

The appellant, a lawyer, was convicted of criminal contempt under Section 12 of the Contempt of Courts Act, 1971, by the Allahabad High Court and fined Rs.20,000. He appealed the conviction and fine before the Supreme Court (Criminal Appeal No. 686 of 2010). The Supreme Court, while noting the …

MAHAVIR SINGHversusSTATE OF HARYANA

2014 INSC 405Dismissed

Mahavir Singh and co‑accused Jagbir Singh were convicted under IPC §§302, 1208 and 201 for murdering Suraj Mal at the behest of the deceased's wife, Sudesh Rani. The prosecution relied on circumstantial evidence, including the "last seen" theory, medical testimony that the death occurred about a …

JOGINDER PAL & ORS. ETC.versusSTATE OF PUNJAB & ORS.

2014 INSC 408Case Partly allowed

The Punjab Public Service Commission’s chairman was found to have taken bribes and manipulated the recruitment of executive, allied services and judicial officers between 1998‑2002. Consequently, the State terminated the services of all appointed officers. The High Court upheld the termination, …

PAULMELI AND ANR.versusSTATE OF TAMIL NADU TR. INSP. OF POLICE

2014 INSC 407Dismissed

The case involves the murder of Ramasamy, for which 17 persons, including the appellants Paulmeli and Chockaiah, were alleged to have assembled with a common object (aruval) and inflicted multiple incised wounds, causing death. The victim's wife (PW‑1) positively identified the appellants despite …

SUDARSHAN AND ANR.versusSTATE OF MAHARASHTRA

2014 INSC 411Appeal(s) allowed

The appellants Sudarshan and others were convicted for the murder of two persons at a holiday resort, based on an FIR that was lodged at a police station outside the incident’s jurisdiction after the complainant first consulted an advocate 15 km away. The Supreme Court examined the abnormal conduct …

CHAMAN LALversusSTATE OF PUNJAB & ORS.

2014 INSC 398Dismissed

Chaman Lal, a former truck driver employed by the Fish Farmers Development Agency (a society) and later absorbed into a government department, sought retirement benefits based on his total service. The lower courts dismissed his claim, and he argued that a similarly situated individual, Charanjit …

UNION OF INDIA & ORSversusSHIV RAJ & ORS.

2014 INSC 368Dismissed

The Supreme Court examined land acquisition proceedings initiated under the Land Acquisition Act, 1894 for a large tract of land in Delhi. Tenure‑holders had filed objections under Section 5‑A, which were heard by one Land Acquisition Collector but the report was prepared by his successor, prompting …

VINOD KAPUR & ORS.versusUNION OF INDIA & ORS.

2014 INSC 368Appeal(s) allowed

The land in dispute was notified for acquisition under Section 4 of the Land Acquisition Act, 1894 on 25‑11‑1980. The appellant, Vinod Kapur, purchased the land in 1985 and a declaration under Section 6 was issued on 7‑6‑1985, followed by an award in 1987‑88. The High Court of Delhi upheld the …

UNION OF INDIA & ORS.versusCHATRO DEVI & ORS.

2014 INSC 368Dismissed

The appeals filed by the Union of India and other respondents challenged the validity of acquisition proceedings that had been initiated after tenure‑holders raised objections under Section 5‑A of the Land Acquisition Act, 1894. The petitioners contended that the objections were maintainable and …

UNION OF INDIA & ORS.versusGEETA DEVI

2014 INSC 368Dismissed

The Supreme Court considered the appeal of the Union of India challenging the quashing of land acquisition proceedings against land later purchased by Geeta Devi. The original tenure holder had lodged objections under Section 5A of the Land Acquisition Act, 1894, which the competent authority failed …

UNION OF INDIA & ANR.versusDINSHAW SHAPOORJI ANKLESARI & ORS.

2014 INSC 361Appeal(s) allowed

The dispute concerned a 0.90‑acre parcel of land in Pune Cantonment held under an 1827 government grant. The respondents had purchased the lease‑hold rights and the superstructure on the land, while the Union of India (Pune Cantonment Board) issued a resumption notice in 1971 claiming the land …

KUSHALBHAI RATANBHAI ROHIT & ORS.versusTHE STATE OF GUJARAT

2014 INSC 366Dismissed

An FIR under the NDPS Act led to the arrest of a accused who escaped while being escorted by police constables. The constables were charged under IPC Section 222 and convicted, prompting them to file a criminal appeal. The Gujarat High Court, after dictating an acquitting order in open court but …

UDAY GUPTAversusAYSHA & ANR.

2014 INSC 299Disposed off

The petitioner, an advocate, filed a Special Leave Petition challenging observations made by the Madras High Court that a valid marriage does not necessarily require adherence to all customary rights and that long‑term cohabitation creates a presumption of marriage, rendering children legitimate. …

A.P.N.G.O.'S ASSOCIATIONversusGOVERNMENT OF ANDHRA PRADESH & OTHERS

2014 INSC 242Appeal(s) allowed

The A.P.N.G.O.'S Association sought to purchase 18 acres of land owned by a Hindu temple to build houses for its members. Under s.80 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the government published a Gazette notice inviting objections and …

BISHNU BISWAS & ORS.versusUNION OF INDIA & ORS.

2014 INSC 241Dismissed

The appellants were appointed to eight Group D posts after a written test and a subsequently introduced interview, each weighted at 50% despite the recruitment rules only providing for a written test. Unsuccessful candidates challenged the appointments, arguing that the employer altered the …

BHULE RAMversusUNION OF INDIA & ANR.

2014 INSC 222Dismissed

The appellant Bhule Ram challenged the compensation awarded for his land acquired under the Land Acquisition Act, 1894, arguing that the market value should be Rs 10,00,000 per acre. The award was initially Rs 4,65,000 per acre, later enhanced to Rs 5,99,850 by the reference court and to Rs 6,51,000 …

RAJA RAM & ORS.versusUNION OF INDIA & ANR.

2014 INSC 222Dismissed

The case concerned appeals and special leave petitions filed by Raja Ram and others challenging the award of compensation under Section 23 of the Land Acquisition Act, 1894, seeking enhancement of the amount payable. The respondents, Union of India and others, contended that the compensation awarded …

UNION OF INDIAversusSHEO SHAMBHU GIRI

2014 INSC 201Dismissed

The respondent, Sheo Shambhu Giri, was convicted under Section 23 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly importing or exporting ganja. The High Court set aside the conviction, holding that the prosecution failed to prove that the seized contraband was of foreign …

STATE OF PUNJAB AND OTHERSversusDHANJIT SINGH SANDHU

2014 INSC 194Appeal(s) allowed

The respondent was allotted a plot in 1986 with a condition to complete construction within three years under the Punjab Estates (Development and Regulation) Act, 1964. Failing to build, the authority demanded a non‑construction/extension fee to avoid resumption of the plot, which the respondent …

RAJASTHAN STATE TPT CORPN. & ANR.versusBAJRANG LAL

2014 INSC 192Appeal(s) allowed

The Rajasthan State Road Transport Corporation (the Corporation) appealed against judgments that had upheld a civil suit filed by its former trainee conductor, Bajrang Lal, challenging his removal from service for alleged embezzlement. The lower courts had found that the disciplinary enquiry …

PRAVASI BHALAI SANGATHANversusUNION OF INDIA & ORS.

2014 INSC 183Disposed off

The Supreme Court heard a public‑interest writ petition filed by Pravasi Bhalai Sangathan seeking pre‑emptive orders against hate speeches by elected representatives, arguing that such speeches violate Articles 14, 15, 19, 21 and fundamental duties. The Court examined whether existing statutes—IPC, …

PHOOL CHANDRA & ANR.versusSTATE OF U.P.

2014 INSC 938Dismissed

The petitioners, convicted under Sections 363, 366 and 506 of the IPC for a kidnapping case, appealed to the Allahabad High Court, were granted bail and sought an early hearing of their criminal appeal. The High Court ordered the case to be released and listed before an appropriate bench, prompting …

UNION OF INDIA AND OTHERSversusMAJOR S.P. SHARMA AND OTHERS

2014 INSC 172Appeal(s) allowed

The case concerns the termination of several Indian Army officers in 1980 under Section 18 of the Army Act, invoking the constitutional doctrine of pleasure under Article 310. The officers challenged the termination as illegal, arbitrary, and violative of Articles 14, 16, 19 and 21, alleging lack of …

REGISTRAR GENERAL, HIGH COURT OF MADRASversusR. GANDHI & ORS.

2014 INSC 169Disposed off

The Madras High Court collegium recommended twelve candidates for appointment as judges of the Madras High Court, which the petitioner R. Gandhi challenged on grounds of unsuitability and lack of caste representation. The Madras High Court entertained the writ petition and issued interim orders …

PHULA SINGHversusSTATE OF HIMACHAL PRADESH

2014 INSC 161Dismissed

The appellant, a Kanungo, was accused of demanding and accepting a bribe under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 after a trap was laid by the complainant. Although the trial court acquitted him, the High Court convicted him, sentencing him to one year imprisonment and a …

STATE OF M.P. & ANR.versusSURESH NARAYAN VIJAYVARGIYA & ORS.

2014 INSC 151Disposed off

The Supreme Court had earlier issued interim orders directing that MBBS seats in private medical colleges in Madhya Pradesh be shared with the State Government on a 50:50 basis, after excluding a 15% NRI quota. The respondents‑private colleges admitted all 150 seats for the 2011‑12 academic year …

DEFENCE RESEARCH & DEVELOPMENT ORGANIZATIONversusANJANAPPA & ANR.

2014 INSC 145Dismissed

The Defence Research & Development Organisation (DRDO) acquired a large tract of land under the Land Acquisition Act, 1894, via notifications in 1993 and 1995. The Special Land Acquisition Officer initially valued the land at Rs. 60,000 per acre, but the Reference Court, on a Section 18 application, …

JHAPTU RAMversusSTATE OF HIMACHAL PRADESH

2014 INSC 927Disposed off

The appellant Jhaptu Ram shot and killed his neighbour Devinder Kumar after an altercation, while the neighbour's mother was present to pacify the dispute. The trial court convicted him of murder under Section 302 IPC and sentenced him to life imprisonment; the High Court affirmed this conviction. …

RAJ KUMARversusSTATE OF M.P.

2014 INSC 136Disposed off

Raj Kumar, a 32‑year‑old who was a regular visitor to a neighbour's house, was asked to stay overnight while the parents irrigated fields. He raped the 14‑year‑old girl Gounjhi, caused grievous injuries and she died of asphyxia by strangulation. A 10‑year‑old brother witnessed the assault; DNA …

RENU & ORS.versusDISTRICT & SESSIONS JUDGE, TIS HAZARI & ANR.

2014 INSC 95Disposed off

The appeal arose from the appointment of Class IV staff in courts subordinate to the Delhi High Court on an ad‑hoc basis without proper advertisement, which the petitioners challenged as violative of Articles 14 and 16 of the Constitution. The Supreme Court examined whether such appointments could …

ARIKALA NARASA REDDYversusVENKATA RAM REDDY REDDYGARI & ANR.

2014 INSC 76Disposed off

The 2009 Legislative Council election for Nizamabad saw a narrow result, leading the defeated candidate to file an election petition alleging wrongful rejection of three votes and wrongful acceptance of one vote. The appellant, who had been declared elected, filed a recrimination petition under …

SANJAY KUMARversusTHE STATE OF BIHAR & ANR.

2014 INSC 60Dismissed

The petitioner, Sanjay Kumar, alleged that he was appointed as a senior lecturer in a purportedly fake dental college, received post‑dated cheques for salary which later bounced, and consequently filed a criminal complaint under various IPC sections and Section 138 of the Negotiable Instruments Act. …

RAM KISHANversusSH. TARUN BAJAJ & ORS.

2014 INSC 35Dismissed

Ram Kishan, a former Under Secretary (Legal) of Dakshin Haryana Bijli Vitran Nigam Ltd., was compulsorily retired and later obtained reinstatement with all consequential benefits, but without back wages, from the High Court. The Supreme Court subsequently granted him back wages, yet the employer …

DR. SUBRAMANIAN SWAMYversusSTATE OF TAMIL NADU & ORS.

2014 INSC 902Appeal(s) allowed

The case concerned the administration of the Sri Sabhanayagar Temple at Chidambaram, claimed by the Podhu Dikshitars, a Smarthi Brahmin community, as their religious denomination. The High Court had earlier dismissed the State's order appointing an Executive Officer under the Madras Hindu Religious …

SAVARALA SAI SREEversusGURRAMKONDA VASUDEVARAO & ORS.

2014 INSC 897Disposed off

The Supreme Court examined the conviction of respondents under Section 3 of the Dowry Prohibition Act, 1961. The trial court had sentenced them to three months' imprisonment, far below the statutory minimum of five years, without recording any special reasons. The High Court further reduced the …

ASHFAQ AHMED QUERESHI & ANR.versusNAMRATA CHOPRA & ORS.

2013 INSC 843Appeal(s) allowed

The appellants entered into an agreement to purchase land that the respondents claimed to own exclusively, paying Rs. 50 lakh as earnest money. The respondents later sold the land to a third party, and the appellants discovered that the land had been shown as open parking in a municipal permission …

BHUSAWAL MUNICIPAL COUNCILversusNIVRUTTI RAMCHANDRA PHALAK & ORS.

2013 INSC 844Dismissed

The Bhusawal Municipal Council acquired 4.25 acres of agricultural land under the Maharashtra Regional and Town Planning Act, 1966 and the Land Acquisition Act, 1894 to build a primary school. After paying the initial compensation awarded under Section 11, the respondents obtained a reference court …

KN ASWATHNARAYANA SETTY (D) TR. LRS. & ORS.versusSTATE OF KARNATAKA & ORS.

2013 INSC 801Dismissed

The petitioners purchased land that had been subject to a Section 4 notification under the Land Acquisition Act, 1894, while the de‑notification of that acquisition was under appeal before the Supreme Court. The Court held that a purchaser after such a notification cannot challenge the acquisition …

MADHU @ MADHURANATHA & ANR.versusSTATE OF KARNATAKA

2013 INSC 794Disposed off

The appellants Maohu @ Madhuranatha and others were convicted for the robbery‑murder of the son of PW‑22, based largely on circumstantial evidence, and were sentenced to death under Sections 302 and 364 IPC read with Section 34. The Supreme Court affirmed the conviction, holding that circumstantial …

ASHOK KUMAR AGGARWALversusNEERAJ KUMAR & ANR.

2013 INSC 771Disposed off

The appellant, a former Deputy Director of the Enforcement Directorate, alleged that respondents deliberately suppressed material facts about a mistaken Interpol notice, causing him to remain in judicial custody for 36 days. He filed a criminal contempt petition under Article 215 of the …

UNION OF INDIA & ANR.versusASHOK KUMAR AGGARWAL

2013 INSC 774Appeal(s) allowed

The Union of India suspended an Indian Revenue Service officer in 1999 pending two CBI criminal investigations; the Central Administrative Tribunal later quashed the suspension and directed a review, but the government issued fresh suspension orders in 2012 without complying with the Tribunal’s …

C.B.I.versusASHOK KUMAR AGGARWAL & ANR.

2013 INSC 777Dismissed

The CBI appealed against the Delhi High Court’s order quashing a Special Judge’s grant of pardon to respondent No.2 (Abhishek Verma) under Section 306 of the CrPC, who had confessed to forging a fax message on the instructions of respondent No.1 (Ashok Kumar Aggarwal). The Supreme Court examined the …

C.B.I.versusASHOK KUMAR AGGARWAL

2013 INSC 778Dismissed

The CBI filed a case against Ashok Kumar Aggarwal for possessing disproportionate assets and obtained sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988. The respondent challenged the validity of the sanction, alleging that material was not placed before the Finance …

PUTCHALAPALLI NARESH REDDYversusSTATE OF A.P. AND ETC.

2013 INSC 706Disposed off

The case involved twenty accused charged with offences including murder, rioting and attempt to murder arising from a politically‑motivated land dispute that culminated in the killing of Mudi Parandhami Reddy. The trial court acquitted all accused, but the High Court convicted accused Nos. 1‑12 …

UNION OF INDIA AND OTHERSversusSANJAY JETHI AND ANOTHER

2013 INSC 705Dismissed

The Union of India appealed against an Armed Forces Tribunal order that set aside an Additional Court of Inquiry (COI) and directed a fresh COI because the original COI included the Presiding Officer and two Technical Members who had prepared the inquiry report. The respondent, Colonel Sanjay Jethi, …

KUNWAR PALversusSTATE OF UTTARAKHAND

2013 INSC 693Case Partly allowed

The appellant, Kunwar Pal, was convicted under Section 304(Part I) IPC for the death of Ramayan Prasad at a marriage ceremony where several double‑barrel guns were fired. The prosecution alleged that Pal, along with three others, fired negligently, causing a cartridge to strike the deceased. The …

DR. RAJESH TALWAR AND ANR.versusC.B.I. AND ANR.

2013 INSC 696Dismissed

Dr. Rajesh Talwar and Nupur Talwar, accused of murdering their daughter Arushi and domestic help Hemraj, sought under CrPC s.233 read with s.91 the production of narco‑analysis, brain‑mapping, polygraph and other scientific test reports of three persons who had earlier been suspected in the case, as …

ONGC LTD.versusM/S. MODERN CONSTRUCTION AND CO.

2013 INSC 683Appeal(s) allowed

The appellant, ONGC Ltd., challenged a High Court order that allowed the respondent, M/s Modern Construction, to claim interest on a decree from the date the suit was originally filed in 1986 before a court that lacked territorial jurisdiction. The Supreme Court held that when a plaint is returned …

GULAM SARBARversusSTATE OF BIHAR (NOW JHARKHAND)

2013 INSC 677Dismissed

The appellants, Gulam Sarbar and Dhiren Mahto, were convicted of murder under s.302 IPC and criminal conspiracy under s.120‑B IPC for the killing of Sant Kumar Sinha. The prosecution relied primarily on the testimony of a single eye‑witness (Dr. Gopal Prasad Sinha) and corroborative ocular and …

AJAHAR ALIversusSTATE OF WEST BENGAL

2013 INSC 676Dismissed

In 1995 Ajahar Ali forcibly grabbed the hair of 16‑year‑old Nasima Begum, kissed her and caused a cut on her lip. He was convicted under Section 354 of the Indian Penal Code and sentenced to six months’ simple imprisonment and a fine. The appellant appealed, arguing that the 18‑year delay, his …

GIRRAJ PRASAD MEENAversusSTATE OF RAJASTHAN & ORS.

2013 INSC 661Appeal(s) allowed

The appellant was kidnapped, as alleged in FIR No.115 of 2009 under IPC s.365, and the police investigated, recording statements under s.161 and s.164 CrPC. The charge‑sheet filed later named only two private respondents for offences under IPC s.323, s.343 read with s.34, omitting the kidnapping …

SELVI J. JAYALALITHAA & ORS.versusSTATE OF KARNATAKA & ORS.

2013 INSC 663Disposed off

The petitioners, accused of possessing assets disproportionate to their known income under the Prevention of Corruption Act, had their trial transferred to Karnataka where the Supreme Court directed the appointment of a Special Public Prosecutor (SPP). After a seven‑month tenure, the Karnataka …

VINOD RAGHUVANSHIversusAJAY ARORA AND ORS.

2013 INSC 647Dismissed

The appellant, a District Excise Officer, was charged with cheating for allegedly facilitating the replacement of a partnership deed dated 5‑Mar‑2002 with a forged deed dated 6‑Mar‑2003, thereby depriving the complainant of his share in an excise liquor contract. The complainant filed a criminal …

KISHOREBHAI GANDUBHAI PETHANIversusSTATE OF GUJARAT & ANR.

2013 INSC 642Dismissed

The appellant was accused of tampering with a medical report and a complaint under Sections 463, 465, 468, 471 and 114 IPC was filed. The appellant sought to quash the complaint under Section 482 CrPC, arguing that the complaint was not maintainable unless filed by the court under Section 195 CrPC. …

VIJAY S. SATHAYEversusINDIAN AIRLINES LTD. AND ORS.

2013 INSC 596Disposed off

The petitioner, a senior pilot with Indian Airlines, applied for voluntary retirement under the company's Voluntary Retirement Scheme (VRS) on 7 November 1994, seeking to retire effective 12 November 1994. Regulation 12(b) of the Service Regulations required a three‑month notice and approval by the …

UMESH KUMARversusSTATE OF ANDHRA PRADESH & ANR

2013 INSC 590Disposed off

The case arose from a complaint alleging that a senior police officer, V. Dinesh Reddy, had amassed disproportionate assets, which was later claimed to be forged and signed by a fictitious MP. An investigation led to a charge sheet against Umesh Kumar under IPC sections 468, 471, 120‑B and 201, and …

GANGABHAVANIversusRAYAPATI VENKAT REDDY & ORS.

2013 INSC 588Appeal(s) allowed

The case involved thirteen accused charged under IPC sections 302, 148, 149 and the Explosive Substances Act for the murder of Y. Ramachandra Reddy. The trial court convicted six of them (A‑1 to A‑6) while acquitting the rest; the High Court later reversed this, acquitting all six. On appeal, the …

GURVAIL SINGH @ GALAversusSTATE OF PUNJAB

2013 INSC 567

Gurvail Singh was convicted of murdering four persons under Sections 302 and 34 of the IPC and was sentenced to death. The High Court upheld the death sentence, but the Supreme Court commuted it to life imprisonment with a direction that the petitioner serve 30 years without remission. The …

BASAWARAJ & ANR.versusTHE SPL. LAND ACQUISITION OFFICER

2013 INSC 551Dismissed

The appellants challenged the acquisition of their land under the Land Acquisition Act, 1894 and, after receiving an award, filed references for enhanced compensation. Dissatisfied with the award, they filed appeals under Section 54 of the Act in the High Court on 16 August 2007, more than five …

IN RE: RAMESHWAR PRASAD GOYAL, ADVOCATEversus.

2013 INSC 550Hearing Adjourned

The Supreme Court, hearing a suo motu contempt petition against Advocate-on-Record Rameshwar Prasad Goyal, examined his practice of filing appearances in hundreds of cases without ever appearing in court. The Court found that lending his signature for a fee, without taking responsibility for the …

STATE OF M.P.versusBABULAL & ORS.

2013 INSC 531Appeal(s) allowed

The State of Madhya Pradesh prosecuted Babulal and others for assaulting six persons, causing multiple serious injuries, under IPC sections 148, 324, 326 and 149. The trial court sentenced them to three years’ simple imprisonment; the High Court upheld the conviction but reduced the term to three …

STATE OF PUNJABversusMADAN MOHAN LAL VERMA

2013 INSC 530Dismissed

The respondent, an Income Tax Inspector, was alleged to have demanded Rs.25,000 as illegal gratification to refrain from reopening a tax assessment. A trap was laid using chemically treated currency notes that turned pink on the respondent's hands, leading to his conviction by the trial court under …

MGB GRAMIN BANKversusCHAKRAWARTI SINGH

2013 INSC 521Disposed off

The father, a Class III employee of MGB Gramin Bank, died while in service on 19 April 2006 and his son applied for a compassionate appointment on 12 May 2006 under the 1983 scheme. While the application was pending, a new compassionate appointment scheme came into force on 12 June 2006, with clause …

BAKHSHISH SINGHversusSTATE OF PUNJAB & ANR.

2013 INSC 518Dismissed

The Supreme Court upheld the conviction of Bakhshish Singh, his nephew Satbir Singh and Rachhpal Singh for the murder of Gurcharan Singh, who was stabbed while taking a morning walk in a park. The prosecution proved that Satbir and Rachhpal, identified by the victim's wife Kulwinder Kaur, carried …

DEVENDRA KUMARversusSTATE OF UTTARANCHAL & ORS.

2013 INSC 500Dismissed

The appellant, a temporary constable in Uttaranchal, submitted an affidavit stating he had never been involved in any criminal case, while an FIR had been registered against him and later closed by the magistrate. The State discovered the pendency of the case during character verification and …

RAKESH KUMAR SHARMAversusGOVT. OF NCT OF DELHI & ORS.

2013 INSC 501Dismissed

The appellant, Rakesh Kumar Sharma, applied for a Trained Graduate Teacher (Sanskrit) post in 2007, claiming to possess a B.Ed degree that was actually declared only in January 2008, after the application deadline of 29 October 2007. He was given a provisional appointment subject to verification of …

GIAN CHAND & ORS.versusSTATE OF HARYANA

2013 INSC 488Dismissed

The appellants were seized at night while travelling in a jeep that contained ten bags of poppy husk (total 410 kg). They were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years of rigorous imprisonment. On appeal they argued that the …

KALIYAversusSTATE OF MADHYA PRADESH

2013 INSC 489Dismissed

The appellant, Kaliya, mother‑in‑law, was convicted of murdering her daughter‑in‑law, Guddi, who was burnt alive in the appellant's house. Guddi’s dying declaration, stating that Kaliya poured kerosene on her, was recorded by a doctor and a nurse, but the original document was lost and only a carbon …

DR. JAGMITTAR SAIN BHAGATversusDIR. HEALTH SERVICES, HARYANA & ORS.

2013 INSC 459Disposed off

Dr. Jagmittar Sain Bhagat, a former medical officer of the Haryana Health Department, claimed that his retiral benefits, including gratuity and penal rent, were not fully paid after his voluntary retirement in 1985. He filed a complaint before the District Consumer Disputes Redressal Forum in 1995, …

S.P. MALHOTRAversusPUNJAB NATIONAL BANK & ORS.

2013 INSC 435Appeal(s) allowed

The appellant, a bank clerk promoted to assistant manager, was suspended in 1982 and charged with four misconduct allegations. An enquiry officer investigated and exonerated him on all charges, but the disciplinary authority disagreed on two charges and dismissed him without recording reasons or …

MAHARSHI MAHESH YOGI VEDIC VISHWAVIDYALAYAversusSTATE OF M.P. & ORS.

2013 INSC 428Appeal(s) allowed

The Maharshi Mahesh Yogi Vedic Vishwavidyalaya, a university created under the 1995 Act to impart Vedic and other education, challenged the Amendment Act 5 of 2000 which altered Section 4(1) to restrict instruction to Vedic learning only, deleted the phrase “dissemination of knowledge”, and added a …

RAFIQUE @ RAUF & OTHERSversusSTATE OF U.P.

2013 INSC 410Dismissed

The appellants were convicted for murder and related offences after an incident in which they allegedly entered the deceased's house and fired indiscriminately, killing Zahiruddin and injuring two others. The prosecution relied on the deceased's statement recorded under Section 161 of the CrPC …

VATHSALA MANICKAVASAGAM & ORS.versusN. GANESAN & ANR.

2013 INSC 411Appeal(s) allowed

A family of five members disputed the ownership of three houses. The mother, two sons and a daughter filed a partition suit against the eldest son, claiming a 4/5 share in the properties. The trial court, relying on the mother’s testimony and a letter (Ex.A‑17) written by the eldest son, held that …

SHEO SHANKAR SINGHversusSTATE OF U.P.

2013 INSC 407Dismissed

The case concerned the murder of Lorik, who was shot dead after his motorcycle was stopped by four accused who opened fire on him. The trial court convicted all four accused under Section 302 read with Section 34 IPC and sentenced them to life imprisonment, also convicting them under Section 379 …

PREMWATIversusUNION OF INDIA & ORS.

2013 INSC 414Case Partly allowed

The appellants' land in Shahibabad Daulatpur village was acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed compensation at Rs 13,000 per bigha (Block A) and Rs 6,000 per bigha (Block B). The Reference Court enhanced it to Rs 17,500–18,000 per bigha, and the Delhi …

HARIVADAN BABUBHAI PATELversusSTATE OF GUJARAT

2013 INSC 400Case Partly allowed

Harivadan Babubhai Patel (A‑1) and three others were tried for kidnapping, murder and conspiracy under Sections 342, 346, 302, 1208 and 201 IPC read with Section 34. The trial court convicted A‑1 and A‑2, acquitting A‑3 and A‑4; the High Court later acquitted A‑2 but upheld A‑1's conviction. On …

BIRENDRA DAS & ANR.versusSTATE OF ASSAM

2013 INSC 383Dismissed

The appellants, Birendra Das and another, were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Matilal Das. The prosecution proved that the deceased was hacked to death, that the appellants were present armed with deadly weapons, and that they dragged the …

PRAMOD KUMARversusSTATE (GNCT) OF DELHI

2013 INSC 390Dismissed

The appellant, a proclaimed offender, was apprehended in a house where he allegedly assaulted a police constable, was grappled with, and then fired a country‑made pistol, killing the constable. The trial court convicted him under Sections 302, 332, 186 of the IPC and Sections 25, 27 of the Arms Act. …

STATE OF RAJASTHANversusSHIV CHARAN & ORS.

2013 INSC 391Appeal(s) allowed

The State of Rajasthan prosecuted Shiv Charan and others for the murder of Prahlad, alleging that five armed men, including the accused, formed an unlawful assembly and assaulted the victim, leading to his death. The trial court convicted them under Sections 302, 149 and 148 of the IPC and sentenced …

G. JAYALALversusUNION OF INDIA AND OTHERS

2013 INSC 367Dismissed

The Supreme Court examined the appointment process for the Director General of All India Radio and Doordarshan, where the Selection Committee initially recommended G. Jayalal at the top of the list, but a subsequent Office of Special Duty directive led the Board to reorder the names, placing the …

ROHTASH KUMARversusSTATE OF HARYANA

2013 INSC 368Dismissed

The appellant, Rohtash Kumar, was convicted of murdering his wife, Sonia, an inter‑caste spouse, after she was found dead in a hostel garden. The prosecution relied on circumstantial evidence, including the "last seen together" testimony of the hostel caretaker, the appellant's possession and use of …

ARUN KUMAR YADAVversusSTATE OF U.P. THRU DIST. JUDGE

2013 INSC 363Dismissed

Arun Kumar Yadav, a litigant, entered a courtroom on 5 September 2005 and shouted threatening, unparliamentary remarks at a Judicial Magistrate who was dictating an order. The magistrate lodged a complaint, and the Allahabad High Court framed a charge of criminal contempt under Section 12 of the …

SAMBHAVANAversusUNIVERSITY OF DELHI

2013 INSC 364Disposed off

The appellant organisation Sambhavna filed a writ petition seeking a mandamus directing the University of Delhi to introduce bridge and foundation courses, provide accessible reading material, train teachers, and include disability representatives in university bodies for visually impaired students. …

ENGINEERING EXPORT PROMOTION COUNCILversusUSHA ANAND AND ANOTHER

2013 INSC 365Appeal(s) allowed

The Engineering Export Promotion Council (EEPC) received a sum of Rs.22 lakh from Y, the husband of respondent Usha Anand, and similar amounts from his three brothers, who deposited the money voluntarily to avoid arrest, not under any court order. The brothers were later acquitted and the trial …

BHADRAGIRI VENKATA RAVIversusPUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD

2013 INSC 366Appeal(s) allowed

The deceased Ratna Kumari died from severe burn injuries after alleging that her ex‑husband, the appellant, had poured kerosene on her and thrown a burning stove at her. Three dying declarations were recorded: two on 15‑April‑2000, which described an accidental fire and did not implicate the …

KUSTI MALLAIAHversusTHE STATE OF ANDHRA PRADESH

2013 INSC 358Dismissed

The appellant Kusti Malliah and his co‑accused were convicted for the murder of Neelagiri Parvamma and for stealing her ornaments, offences punishable under IPC ss.302, 404 read with s.34. The prosecution relied primarily on the testimony of a sole eye‑witness (PW‑6) who saw the assault from a …

SUJIT BISWASversusSTATE OF ASSAM

2013 INSC 359Appeal(s) allowed

The appellant was accused of raping and murdering a three‑year‑old girl and was convicted under Sections 376(2)(f) and 302 IPC, receiving a death sentence which was later commuted to life imprisonment. The prosecution's case rested mainly on two circumstantial facts – the appellant pointing out the …

STATE OF MAHARASHTRA THROUGH C.B.I.versusMAHESH G. JAIN

2013 INSC 360Appeal(s) allowed

The CBI investigated a complaint that Mahesh G. Jain, an SBI clerk, demanded and accepted a Rs.1,000 bribe to issue TDS certificates and was caught in a trap operation. The investigating agency obtained a sanction order from the competent authority and filed a charge‑sheet under Sections 7 and …

KARAN SINGHversusSTATE OF HARYANA AND ANR.

2013 INSC 355Dismissed

Karan Singh was convicted for the murder of Raj under IPC s.302, the prosecution alleging a motive of non‑payment of Rs 47,000 for a buffalo. Eye‑witnesses Maya Devi (PW‑3) and her daughter Birma (PW‑4) saw the appellant dragging the victim with a rope, and an independent witness (PW‑8) corroborated …

STATE OF RAJASTHANversusBHERU LAL

2013 INSC 356Appeal(s) allowed

The respondent Bheru Lal was arrested for possession of opium after a police trap was set up based on information from a reliable informer. The search, seizure and arrest were carried out by Sub‑Inspector Parveen Vyas, who was temporarily in charge of the Station House Officer (SHO) at the time. The …

RAVIRALA LAXMAIAHversusSTATE OF A.P.

2013 INSC 357Dismissed

The appellant, Ravirala Laxmaiah, was convicted for murdering his wife Balamani by strangulation and for dowry-related harassment under IPC sections 302 and 404. The trial court and High Court relied on circumstantial evidence, the appellant’s failure to explain the death (last‑seen theory), false …

SR. TEWARIversusUNION OF INDIA AND ANR.

2013 INSC 361Disposed off

S.R. Tewari, an IPS officer on deputation with the BSF, was subjected to disciplinary proceedings resulting in eight charges, of which only charges 4 and 6 were held proved. The disciplinary authority initially dismissed him, the Central Administrative Tribunal reinstated him, and the Delhi High …

RUMI BORA DUTTAversusSTATE OF ASSAM

2013 INSC 354Dismissed

The appellant aunt and nephew were convicted for murdering the deceased husband, an Upper Division Clerk, based on circumstantial evidence. The prosecution proved that the death occurred at 1.30 a.m., the victims were found dead in bed, the accused were present, and the nephew’s statement under …

JOSE S/O EDASSERY THOMASversusSTATE OF KERALA

2013 INSC 353Dismissed

The appellant Jose was convicted for murdering his wife by dousing her with petrol and setting her ablaze while she slept, and for attempting to murder his grandchild. The prosecution relied on the victim's dying declaration, recorded by a doctor, and a series of circumstantial facts indicating …

RAM SWAROOPversusSTATE (GOVT. NCT) OF DELHI

2013 INSC 351Dismissed

Ram Swaroop was seized with 64 kg of poppy straw powder packed in 32 bags by police officers Sub‑Inspector Ritesh Kumar and Constable Balwant Singh and was convicted under Section 15 of the NDPS Act, receiving ten years' rigorous imprisonment and a fine. On appeal he contended that (i) the …

STATE OF MADHYA PRADESHversusDAL SINGH & ORS.

2013 INSC 352Appeal(s) allowed

The case concerned the alleged murder of Kusum Rani, who was burnt alive by her parents‑in‑law. The prosecution relied primarily on the victim’s dying declaration recorded by an executive magistrate and a thumb impression on the FIR, along with medical evidence of 100 % burns. The High Court …

SAMRENDRA BEURAversusU.O.I. & OTHERS

2013 INSC 350Disposed off

The petitioner, a Mechanical Transport Driver in the Indian Air Force, was convicted by a district court‑martial of unauthorized absence under Section 39(a) of the Air Force Act, 1950 and sentenced to three months' rigorous imprisonment, dismissal from service and reduction in rank. He had been in …

DEEPAK GULATIversusSTATE OF HARYANA

2013 INSC 349Appeal(s) allowed

The appellant Deepak Gulati was convicted under Sections 365 and 376 of the IPC for allegedly enticing a 19‑year‑old woman with a false promise of marriage, confining her and having sexual intercourse. The woman voluntarily left home to marry the appellant, accompanied him to several locations, and …

KASHMIRI LALversusSTATE OF HARYANA

2013 INSC 348Disposed off

Kashmir Lal was arrested after police seized about 0.5 kg of opium from the toolbox of his scooter at a dhaba. He was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to ten years' rigorous imprisonment and a fine of Rs.1 lakh. On appeal, he …

SHYAM NARAINversusTHE STATE OF NCT OF DELHI

2013 INSC 345Dismissed

Shyam Narain was convicted under IPC s.376(2)(f) for raping an eight‑year‑old girl. The trial court relied on the child's testimony, corroborating medical evidence of genital injuries, and the accused's conduct, and sentenced him to life imprisonment. The Delhi High Court affirmed the conviction and …

PALWINDER SINGHversusSTATE OF PUNJAB

2013 INSC 323Dismissed

The appellant Palwinder Singh and three others were charged with murder and robbery of Dr. Jasbir Singh. The prosecution’s case rested on two eye‑witnesses (PW‑3 and PW‑4), a post‑mortem report establishing homicidal injuries, confessional statements of the accused and the recovery of weapons and …

NATASHA SINGHversusCBI (STATE)

2013 INSC 326Appeal(s) allowed

The appellant, Natasha Singh, was charged under the IPC and the Prevention of Corruption Act for allegedly inflating an insurance claim. After the prosecution examined 52 witnesses, the appellant examined only one defence witness and then sought to summon three additional witnesses under Section 311 …

KRISHNAN & ORS.versusSTATE OF HARYANA & ORS.

2013 INSC 320Matter referred to larger bench

The appellants challenged the validity of Section 32‑A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which bars suspension, remission or commutation of any sentence awarded under the Act. The High Court had upheld the provision, denying the appellants any remission. The Supreme Court …

RAJ KUMAR SINGH @ RAJU @ BATYAversusSTATE OF RAJASTHAN

2013 INSC 313Appeal(s) allowed

The appellant was convicted of murder, rape and kidnapping of a 4‑year‑old girl based solely on circumstantial evidence, including the testimony of four family members and forensic findings. On appeal, the Supreme Court examined the credibility of the witnesses, noting material contradictions, …

MANGA @ MAN SINGHversusSTATE OF UTTARAKHAND

2013 INSC 302Dismissed

The appellants, a group of fifteen men, were convicted for firing on the complainant's family, causing two deaths and multiple injuries, under Sections 147, 148, 302, 307 read with Section 149 of the IPC. They challenged the convictions on grounds of alleged delay in lodging the FIR and forwarding …

SHRI ANANT R. KULKARNIversusY.P. EDUCATION SOCIETY AND ORS.

2013 INSC 286Appeal(s) allowed

The appellant, a retired headmaster, was dismissed after a departmental enquiry that was conducted by a two‑member committee in violation of the Maharashtra Employees of Private School Rules, 1981. The charges were vague, unspecific and not accompanied by a statement of allegations, rendering the …

PREM KAURversusSTATE OF PUNJAB AND ORS.

2013 INSC 280Appeal(s) allowed

Prem Kaur, a labourer, was abducted, beaten and allegedly raped by a father, his son and others. She was hospitalized, but the FIR was lodged three days later. The trial court acquitted the accused, citing the delay in filing the FIR and the improbability of a father and son raping together, without …

ANNAPURNAversusSTATE OF U.P.

2013 INSC 263Dismissed

The Supreme Court reviewed an appeal by the mother‑in‑law convicted of murdering her daughter‑in‑law, who died within two months of marriage after being burnt with kerosene. The victim’s dying declaration alleged that the appellant poured kerosene on her because of dowry demands. The trial and High …

DILIPversusSTATE OF MADHYA PRADESH

2013 INSC 259Dismissed

The appellant was convicted for raping a girl who was later found to be 14 years old at the time of the offence. The trial court had acquitted him on the basis that the girl was not below 16 years and had allegedly consented, but the High Court reversed this finding and sentenced him to seven years …

LILLU @ RAJESH & ANR.versusSTATE OF HARYANA

2013 INSC 243Dismissed

Four accused were convicted for kidnapping and raping a girl who was 13 years and 9 months old at the time of the offence. The appellant, Lillu @ Rajesh, challenged the conviction on the ground that the victim was older, that her statement was uncorroborated, and that the two‑finger test and alleged …

RAM PAL @ BUNDAversusSTATE OF HARYANA

2013 INSC 244Dismissed

The appellant was convicted under Sections 302 and 376 of the Indian Penal Code for the rape and murder of a young woman named Devi. The prosecution's case was built on circumstantial evidence, including the appellant's presence at the crime scene, his flight from the village, medical findings of …

RAMJI GUPTA & ANR.versusGOPI KRISHAN AGRAWAL (D) & ORS.

2013 INSC 242Dismissed

The dispute involved a landlord-tenant suit where the tenants claimed ownership of a shop based on a sale deed executed by a life‑estate holder, Janki Bibi (2nd). An earlier 1958 judgment had held that Janki Bibi possessed only a life interest and could not transfer the property. The Small Causes …

MOHAN LAL & ANRversusSTATE OF PUNJAB

2013 INSC 246Dismissed

The appellants, teachers including Mohan Lal, were convicted for gang rape and kidnapping of a minor student under Sections 376(2)(g) and 366 IPC and sentenced to ten years' rigorous imprisonment. The Supreme Court examined whether the fiduciary relationship between teachers and a student attracted …

RAM PRAKASH AGARWAL & ANR.versusGOPI KRISHAN (DEAD THROUGH L.RS.) & ORS.

2013 INSC 239Appeal(s) allowed

The land in question was jointly owned and was acquired under the Land Acquisition Act, 1894. One co‑owner (the appellants) filed a reference under Section 18 of the Act for enhanced compensation without impleading the other co‑owner (the respondent). The Reference Court awarded compensation to both …

S. KESARI HANUMAN GOUDversusANJUM JEHAN & ORS.

2013 INSC 233Disposed off

The appellant, S. Kesari Hanuman Goud, filed a suit for specific performance of a 1977 agreement to sell land, asserting that he was always ready and willing to fulfil his part of the contract. The respondent, Anjum Jehan, contended that the appellant lacked the financial capacity and therefore was …

SWAROOP SINGHversusSTATE OF M.P.

2013 INSC 234Dismissed

In 1992, a 17‑18‑year‑old girl (PW2) was allegedly forced at knife point by Swaroop Singh to have sexual intercourse in a sugarcane field. She reported the incident immediately, and medical examination revealed a torn hymen; other witnesses corroborated her account and broken bangles were recovered …

KAILASH @ TANTI BANJARAversusSTATE OF MADHYA PRADESH

2013 INSC 237Dismissed

The appellant was convicted under Section 376 IPC for raping P.W.4, an agricultural labourer, and under Section 506B IPC for criminal intimidation. The trial court, after medical examination, concluded that the victim was about 14 years old and that the intercourse, though allegedly consensual, fell …

VENKATARAJA & ORS.versusVIDYANE DOURERADJAPERUMAL (D) THR.LRS. & ORS.

2013 INSC 236Dismissed

The appellants sought a declaration of title to a property in Pondicherry, alleging that a prior sale by a Hindu widow who held only a life estate was void. The trial court dismissed the suit for lack of a claim for possession, a decision upheld by the High Court, which also held that the widow had …

UNION OF INDIA & ORS.versusEX-GNR AJEET SINGH

2013 INSC 206Appeal(s) allowed

The respondent, a serving army soldier, was tried by a General Court Martial (GCM) for six offences including absence without leave, theft of ammunition and possession of a counterfeit seal, receiving dismissal and seven years' rigorous imprisonment. He contended that some offences were committed …

BANGALORE DEVELOPMENT AUTHORITYversusM/S VIJAYA LEASING LTD. & ORS.

2013 INSC 197Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land under the Bangalore Improvement Act, 1945, with possession handed over to the government on 9 December 1983. A de‑notification under Section 48(1) of the Land Acquisition Act, 1894 was issued on 5 October 1999, and later recalled on 27 June …

MADHAVI AMMA & ORS.versusS. PRASANNAKUMARI & ORS.

2013 INSC 189Dismissed

The landlord filed an eviction suit under the Kerala Buildings (Lease and Rent Control) Act, 1965, and the tenant claimed Kudikidappukaran status under the Kerala Land Reforms Act, 1963. The Rent Controller referred the status question to the Land Tribunal, which held the tenant was only a tenant, …

RUKMINI AMMA & ORS.versusRAJESWARY (DEAD) THROUGH LRS. & ORS.

2013 INSC 192Appeal(s) allowed

The appellants held a usufructuary mortgage over land mortgaged by the respondents in 1958, 1959 and 1961. While the mortgage subsisted, the property was attached under the Revenue Recovery Act for the mortgagor's agricultural income tax arrears and sold at public auction, the highest bid being the …

STATE OF MAHARASHTRAversusFAZAL REHMAN ABDUL

2013 INSC 181Disposed off

The Supreme Court examined 19 appeals filed by the State of Maharashtra against acquittals in the 1993 Bombay serial bomb blast case, focusing on conspiracy charges under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Indian Penal Code. It reiterated the limited …

SHIVDEV KAUR (D) BY LRS. & ORS.versusR.S. GREWAL

2013 INSC 177Dismissed

Dr. Hira Singh's 1944 will granted his daughter Shivdev Kaur a life interest in a property. After the Hindu Succession Act, 1956 came into force, Shivdev Kaur claimed that the life interest had crystallised into an absolute title under Section 14 of the Act. The lower courts held that the life …

SHANTILAL GULABCHAND MUTHAversusTATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

[2013] 2 S.C.R. 432Disposed off

The appellant purchased five Tata diesel vehicles and paid the price through eight bills of exchange drawn on his banker. The respondent sued for the balance amount, but the appellant, believing the debt settled, failed to file a written statement. The trial court passed a decree under Order VIII …

SHANTILAL GULABCHAND MUTHAversusTATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

2013 INSC 172Disposed off

Shantilal purchased five Tata diesel vehicles and paid the price through a series of bills of exchange. Tata Engineering filed a suit for recovery of Rs.5,66,000 plus interest, but Shantilal did not file a written statement, believing the amount had been paid. The trial court passed an ex parte …

NIRMALA J. JHALAversusSTATE OF GUJARAT & ANR.

2013 INSC 170Appeal(s) allowed

The appellant, a Chief Judicial Magistrate, was accused by a litigant of demanding a Rs.20,000 bribe to influence a case. A preliminary inquiry was followed by a regular departmental enquiry, which found her guilty of the first charge and partially guilty of a second. The High Court, on the …

JOSEPH JOHN PETER SANDYversusVERONICA THOMAS RAJKUMAR & ANR

2013 INSC 156Dismissed

The appellant, Joseph John Peter Sandy, sought a decree of rectification of a 1981 settlement deed that had transferred a house to his sister, Veronica Thomas Rajkumar, alleging a mistake and that the parties intended to exchange the properties. The sister contested, claiming the alleged agreement …

M/S. P.G.F. LIMITED & ORS.versusUNION OF INDIA & ANOTHER

2013 INSC 155Dismissed

PGF Limited, which sold and developed agricultural land and ran joint‑venture schemes, was directed by SEBI to cease collecting money and to refund investors, on the ground that its activities constituted a collective investment scheme (CIS) under Section 11AA of the SEBI Act. PGF challenged the …

THE STATE OF A.P. & ORS.versusM/S. STAR BONE MILL & FERTILISER CO.

2013 INSC 116Appeal(s) allowed

The State of Andhra Pradesh (appellant) challenged a civil suit filed by Mis. Star Bone Mill & Fertiliser Co. (respondent) seeking declaration of title over a 3.525‑acre land. The respondent relied on a registered sale deed dated 11‑Nov‑1959 executed by M/s A. Allauddin & Sons, who were merely …

BALMER LAWRIE & CO. LTD. & ORS.versusPARTHA SARATHI SEN ROY & ORS.

2013 INSC 112Disposed off

Balmer Lawrie & Co. Ltd., a government‑owned company, terminated the services of employee Partha Sarathi Sen Roy under a clause that allowed dismissal at the company's sole discretion without reason. The employee challenged the termination by filing writ petitions, contending that the clause was …

BHIMANDAS AMBWANI (D) THR. LRS.versusDELHI POWER COMPANY LIMITED & ORS.

2013 INSC 96Disposed off

The appellants, owners of land in Delhi, were dispossessed following a series of notifications and a declaration under the Land Acquisition Act, 1894 (notifications of 1963, 1968 and 1983). The Supreme Court held that each later notification supersedes the earlier ones and that the 1983 notification …

BALBIR SINGH BEDIversusSTATE OF PUNJAB AND ORS.

2013 INSC 88Dismissed

Balbir Singh Bedi, a retired District Commander of the Punjab Home Guard, claimed he was eligible for substantive promotion to Battalion Commander under Rule 8 of the Punjab Home Guard (Class‑I) Rules, 1988, which mandates selection on a "seniority‑cum‑merit" basis. While his case was considered …

ORIENTAL INSURANCE CO. LTD.versusDYAMAWA & ORS.

2013 INSC 76Dismissed

The husband of Dyamavva Yalgurdappa, a pump operator employed by Mormugao Port Trust, died in a road accident on 19 April 2003. The dependents filed a claim under Section 166 of the Motor Vehicles Act, 1988 on 30 May 2003, while the employer later deposited compensation under Section 8 of the …

R. SHAJIversusSTATE OF KERALA.

2013 INSC 72Dismissed

The appellant, a Deputy Superintendent of Police, was convicted for the murder of Praveen (the deceased) and for criminal conspiracy under IPC s.302 r.w. s.1208. The prosecution relied on circumstantial evidence, including DNA identification of the dismembered body parts, recovery of the weapon (a …

LAXMIBAI (DEAD) THR. LRS. & ANR.versusBHAGWANTBUVA (DEAD) THR. LRS. & ORS.

2013 INSC 64Appeal(s) allowed

The case concerned the adoption of an eight‑year‑old boy by Smt. Laxmibai, a female Hindu, under the Hindu Adoptions and Maintenance Act, 1956. The adoption deed was executed and registered on the same day as the ceremony, and the trial court held the adoption valid. The respondents claimed a …

LALA RAM (D) BY L.R.. & ORS.versusUNION OF INDIA & ANR.

2013 INSC 58Disposed off

The appellants, long‑time licence‑holders of shops on railway property in Old Delhi, were served a 1980 notice increasing licence fees from Rs.21 to Rs.270 per square yard and, after representations, a 1987 order making the increase retrospective from 1‑Nov‑1980. They challenged the increase as …

EXPORT CREDIT GUARANTEE CORPN. OF INDIA LTD.versusM/S. GARG SONS INTERNATIONAL

2013 INSC 39Disposed off

The Export Credit Guarantee Corporation of India Ltd. (the insurer) issued an export credit insurance policy to Garg Sons International (the insured) which required the insured to submit a monthly declaration of any overdue payments by the foreign importer under clause 8(b). The foreign buyer …

RAVINDER SINGHversusSUKHBIR SINGH & ORS.

2013 INSC 30Appeal(s) allowed

Ravinder Singh, owner of agricultural land, filed two criminal writ petitions seeking to quash FIRs filed by Sukhbir Singh. The second petition was filed without disclosing the earlier one, leading to a contempt proceeding which the High Court closed after the counsel apologized. Sukhbir Singh then …

UDAI SHANKAR AWASTHIversusSTATE OF U.P. ANR.

2013 INSC 27Appeal(s) allowed

The dispute arose from a work order awarded to Manish Engineering Enterprises by IFFCO, which was later cancelled, leading the firm to seek payment through arbitration and writ petitions. After the arbitrator rejected the claim of removal of items from IFFCO premises, the complainant filed multiple …

RAJ PALversusSTATE OF HARYANA

2013 INSC 11Dismissed

The appellant Raj Pal was convicted of murder under IPC s.302 read with s.34 for the killing of his rival's brother. The prosecution relied on eyewitness testimony of the deceased's brother and sister, medical reports indicating fatal injuries that could not be self‑inflicted, and the recovery of …

N. KANNAPANversusSTATE (UNION TERRITORY) ANDAMAN & NICOBAR ISLANDS

2013 INSC 4Dismissed

The police seized large quantities of gelatine sticks, electronic detonators and ammonium nitrate from containers at Port Blair, alleging that the consignments were clandestinely shipped and constituted "specific category explosive substances" under the Explosive Substances Act, 1908. The accused, …

STATE OF GUJARAT & ANR.versusHONBLE MR. JUSTICE R. A. MEHTA (RETD) & ORS.

2013 INSC 1Dismissed

The Gujarat Lokayukta post remained vacant since 2003 and the State Government sought to appoint Justice R.A. Mehta under the Gujarat Lokayukta Act, 1986. The Act requires the Governor to appoint the Lokayukta after "consultation" with the Chief Justice of the High Court and, where applicable, the …

Y.K. SINGLAversusPUNJAB NATIONAL BANK & ORS.

2012 INSC 619Disposed off

Y.K. Singla, a former chief manager of Punjab National Bank, retired on superannuation in 1996 but his gratuity and other retiral benefits were withheld pending criminal proceedings alleging conspiracy. He was acquitted in 2009 and subsequently received his gratuity and leave encashment, but the …

STATE OF MADHYA PRADESH & ORS.versusKU. SANDHYA TOMAR & ANR.

2012 INSC 602Appeal(s) allowed

Respondent No.1 was temporarily appointed as Project Director of the Child Labour Elimination & Rehabilitation Society through the Employment Exchange without any public advertisement. She later left the Society to join a post in the Panchayat & Rural Development Department, was repatriated but was …

COURT ON ITS OWN MOTIONversusUNION OF INDIA & ORS.

2012 INSC 593Disposed off

The Supreme Court, on its own motion, took notice of press reports of numerous deaths and inadequate facilities during the 2012 Amarnath Yatra. It issued notices to the Union of India, the State of Jammu & Kashmir and the Amarnath Shrine Board, and constituted a Special High Powered Committee (SHPC) …

KASHMIR KAUR & ANR.versusSTATE OF PUNJAB

2012 INSC 585Dismissed

Kashmir Kaur and another were convicted under Section 3048 IPC (dowry death) read with Section 34 IPC and Section 498A IPC for the death of the deceased woman, which occurred 11 months after her marriage. The prosecution proved that the victim was repeatedly harassed and tortured by her …

STATE OF GUJARAT & ANOTHERversusMANOHARSINHJI PRADYUMANSINHJI JADEJA

2012 INSC 564Appeal(s) allowed

The State of Gujarat and the Mamlatdar sought to enforce the Gujarat Agricultural Lands Ceiling Act, 1960 against Manoharsinhji Pradyumansinhji Jadeja, whose 587 acres of land were declared surplus. Jadeja contended that the lands were "urban land" under the Urban Land (Ceiling and Regulation) Act, …

PRAMOD BHANUDAS SOUNDANKARversusSTATE OF MAHARASHTRA

2012 INSC 551Case Partly allowed

A dacoity was committed in which ten accused stole gold, silver and cash. One of the accused, Shivaji Kale, stole four silver chips weighing one kilogram each and sold them to jeweller Pramod Bhanudas Soundankar, the appellant. The appellant was charged under Sections 411 and 412 of the Indian Penal …

CHAIRMAN, LIC OF INDIA & ORS.versusA. MASILAMANI

2012 INSC 538Appeal(s) allowed

The respondent, a Higher Grade Assistant of LIC, was penalised for alleged irregularities in a housing loan. The disciplinary enquiry was found by the High Court to have violated statutory procedures and natural‑justice principles, leading to the quashing of the penalty. The appellants contended …

AYAAUBKHAN NOORKHAN PATHANversusTHE STATE OF MAHARASHTRA & ORS.

2012 INSC 512Disposed off

The appellant, Aymubkhan Noorkhan Pathan, was appointed as a senior clerk in the Aurangabad Municipal Corporation under a Scheduled Tribe reservation based on a caste certificate that declared him a member of the Bhil Tadvi tribe. Respondent No.5, a general‑category citizen, alleged that the …

TARA CHAND & ORS.versusGRAM PANCHAYAT JHUPA KHURD & ORS.

2012 INSC 510Dismissed

The appellants, Tara Chand and others, claimed occupancy rights over a 78-kanal land in Jhupa Khurd, asserting they were tenants under Sections 5 and 8 of the Punjab Tenancy Act, 1887. Their ancestors had been recorded as joint‑owners (hisedars) of the shamilat deh since before 1935‑36 and paid …

ROHITASH KUMAR & ORS.versusOM PRAKASH SHARMA & ORS.

2012 INSC 509

The case concerned the seniority of Assistant Commandants in the Border Security Force who were selected in a single recruitment process but trained in two separate batches (Batch 16 starting 1‑Feb‑1993 and Batch 17 starting 2‑July‑1993). A promoted officer (respondent No.1) who joined on …

TUKARAM KANA JOSHI & ORS. THR. POWER OF ATTORNEY HOLDERversusM.I.D.C. & ORS.

2012 INSC 503Appeal(s) allowed

The appellants' ancestral land was notified for acquisition in 1964, but the acquisition proceedings lapsed while the State took possession and handed it over to the Maharashtra Industrial Development Corporation without paying compensation. The appellants filed a writ petition seeking compensation, …

ANUP SARMAHversusBHOLA NATH SHARMA AND ORS.

2012 INSC 496Dismissed

The petitioner bought a vehicle on hire‑purchase and alleged that the financier forcibly repossessed it, filing a criminal complaint. The Judicial Magistrate ordered interim custody to the petitioner, but the High Court of Assam quashed the criminal proceedings. The Supreme Court examined whether a …

KISHORE SAMRITEversusSTATE OF U.P. & ORS.

2012 INSC 483Disposed off

Kishore Samrite, a former MLA, filed writ petition No.111/2011 in the Allahabad High Court as a next friend of three residents of Amethi, alleging their illegal detention and a rape by Rahul Gandhi (respondent No.6). A second writ petition No.125/2011 was filed by Gajendra Pal Singh as a next friend …

STATE OF GUJARAT AND ANR.versusGUJARAT REVENUE TRIBUNAL BAR ASSOCIATION AND ANR.

2012 INSC 476Dismissed

The State of Gujarat appointed the Secretary to the Government as President of the Gujarat Revenue Tribunal, a move challenged on the ground that the post is a judicial office and requires the High Court's consultation under Article 234 of the Constitution. The Gujarat High Court held that the …

REV. MOTHER MARYKUTTYversusRENI C. KOTTARAM & ANOTHER

2012 INSC 469Appeal(s) allowed

The respondent alleged that the appellant, Rev. Mother Marykutty, had issued a post‑dated cheque of Rs.25 lakhs for construction work which later bounced, leading to a complaint under Section 142 of the Negotiable Instruments Act, 1881. The trial court acquitted the appellant, holding that she had …

DAHARI & ORS.versusSTATE OF U.P.

2012 INSC 464Dismissed

The case involved the murder of Tej Bahadur, who was shot dead while traveling on a motorcycle; seven persons were initially charged under Sections 302, 149 and 148 of the IPC. The trial court convicted all seven, but the High Court later acquitted three while upholding the conviction of the …

AVTAR SINGHversusSTATE OF HARYANA

2012 INSC 462Dismissed

The case arose from a violent clash on 9 April 2003 between two groups over a disputed piece of land in Marori, Punjab. The accused, armed with gandasis, kirpans and swords, attacked members of the complainant’s family, killing Amarjit Singh (father of PW‑10) and injuring several others. The …

BHARAT HEAVY ELECTRICALS LTD.versusR.S. AVTAR SINGH & CO.

2012 INSC 456Dismissed

Bharat Heavy Electricals Ltd. (appellant) challenged an execution petition filed by R.S. Avtar Singh & Co. (respondent) on the ground that the arbitral award, made a rule of court on 31‑05‑1985, had been fully satisfied by part payments made in 1985 and 2000, and that no further interest could be …

SHANTI DEVIversusSTATE OF RAJASTHAN

2012 INSC 455Dismissed

Shanti Devi was convicted for murder (Sec. 302 IPC) and for causing the disappearance of a body (Sec. 201 IPC) after the father of PW2 allegedly visited her house on 22‑08‑1997 and never returned. The prosecution relied on a series of circumstantial facts: the victim’s disappearance, the appellant’s …

MUNISH MUBARversusSTATE OF HARYANA

2012 INSC 448Dismissed

The appellant Munish Mubar was convicted for the murder of Ashok Jain based on a series of circumstantial evidences, including a love triangle, the appellant's car parked at Delhi airport at the time of the murder, phone call records placing him near the crime scene, hotel stays, and recovery of …

AJAY KUMAR PARMARversusSTATE OF RAJASTHAN

2012 INSC 435Dismissed

The appellant Ajay Kumar Parmar was accused of raping the complainant, who later approached the Chief Judicial Magistrate (CJM) to record a statement under Section 164 CrPC claiming the FIR was false. The CJM directed a Judicial Magistrate to record the statement, but the complainant was not …

PUDHU RAJA & ANR.versusSTATE, REP. BY INSPECTOR OF POLICE

2012 INSC 411Dismissed

The case involved the murder of Jayalakshmi, who was set on fire in a house she shared with her husband Pudhu Raja (A-1) and his mother (A-2). The prosecution alleged that the accused killed her to extort dowry, invoking Sections 302 r/w 34, 304(b) and 201 of the IPC, while the trial court acquitted …

V. CHANDRASEKARAN & ANR.versusTHE ADMINISTRATIVE OFFICER & ORS.

2012 INSC 407Dismissed

The case concerned land acquired under the Land Acquisition Act, 1894 where a Section 4 notification was issued in 1978 and a Section 6 declaration in 1981 covering a parcel of land (the suit land). The original tenure‑holders accepted compensation under protest, did not file any objection under …

BHARTIYA SEVA SAMAJ TRUST TR. PRES. & ANR.versusYOGESHBHAI AMBALAL PATEL & ANR.

2012 INSC 399Dismissed

The appellant, Bhartiya Seva Samaj Trust, terminated the services of respondent‑teacher Yogeshbhai Patel alleging he lacked the statutory qualification of Primary Teachers Certificate required under the Bombay Primary Education (Gujarat Amendment) Act, 1986. The Gujarat Primary Education Tribunal …

STATE OF GUJARAT & ORS.versusARVINDKUMAR T. TIWARI & ANR.

2012 INSC 400Appeal(s) allowed

The appellant State of Gujarat challenged the High Court's order that directed a compassionate appointment of the respondent Arvindkumar Tiwari, who had applied for a Class IV peon post after his father's death. The respondent had only passed up to the 8th standard and the family income exceeded the …

DR. SUNIL CLIFFORD DANIELversusSTATE OF PUNJAB

2012 INSC 402Dismissed

Dr. Sunil Clifford Daniel was convicted for the murder of his wife, Dr. Loyalla Shagoufta, and for concealing her death under IPC sections 302 and 201. The prosecution relied on a series of circumstantial facts – blood‑stained clothes handed to a medical superintendent, forensic evidence of human …

DARBARA SINGHversusSTATE OF PUNJAB

2012 INSC 389Dismissed

The appellant Darbara Singh was convicted under Section 302 IPC for murdering Mukhtiar Singh, based on eye‑witness testimony that he struck the victim's head with a kirpan while the victim was attempting to run. The appellant challenged the conviction on several grounds, including alleged …

KUNAL MAJUMDARversusSTATE OF RAJASTHAN

2012 INSC 391Disposed off

The appellant Kunal Majumdar was convicted of murder (Sec. 302 IPC) and rape of a minor (Secs. 376, 511 IPC), receiving a death sentence for murder and seven years' rigorous imprisonment for rape. The conviction and death sentence were referred to the High Court under Section 366(1) of the Criminal …

POOJA RANAversusSTATE OF HARYANA & ORS.

2012 INSC 353Dismissed

Pooja Rana, born in 1993, married Sachin Kumar Rana of her own choice, after which her parents and maternal uncle filed an FIR against her husband under IPC sections 363, 366, 328 and 504. She filed a writ petition under Article 32 of the Constitution seeking the quash of the FIR and direction to …

STATE OF U.P.versusSANJAY KUMAR

2012 INSC 345Dismissed

The respondent, Sanjay Kumar, was convicted of raping and murdering an 18‑year‑old girl, Divya Rani, and was sentenced to death by the Sessions Court. The High Court of Allahabad commuted the death sentence to life imprisonment, holding that the case did not fall within the "rarest of rare" …

CICILY KALLARACKALversusVEHICLE FACTORY

2012 INSC 321Dismissed

Cicily Kallarackal filed Special Leave Petitions challenging Kerala High Court judgments that entertained writ petitions against orders of the National Consumer Disputes Redressal Commission (NCDRC). The Supreme Court examined two issues: (1) whether a High Court can entertain writ petitions under …

STATE OF BIHAR & ANR.versusARVIND KUMAR & ANR.

2012 INSC 298Appeal(s) allowed

The State of Bihar seized 5,923 bags of wheat from the flour mill of Arvind Kumar & Anr. after a raid based on secret information indicating diversion of subsidised food grains for black marketing. The respondents filed a writ petition seeking quashing of the FIR under the Essential Commodities Act, …

UNION OF INDIAversusIBRAHIM UDDIN & ANR.

2012 INSC 288Appeal(s) allowed

The plaintiff filed a suit seeking a declaration of title over agricultural land, alleging ancestral grant from the Maratha Government and a partition in 1819, while the Union of India contested the title. The trial court dismissed the suit, but the first appellate court reversed the decision by …

GIRIMALLAPPAversusTHE SPECIAL LAND ACQUISITION OFFICER M & MIP & ANR

2012 INSC 287Dismissed

The petitioner’s 11‑acre land in Gobbur village was acquired under Section 4(1) of the Land Acquisition Act, 1894 and initially awarded a market value of Rs. 3,800 per acre. He later sought a higher valuation through a Section 28‑A application, a remedy intended only for poor and inarticulate …

NARENDRA CHAMPAKLAL TRIVEDIversusSTATE OF GUJARAT

2012 INSC 251Dismissed

The appellants, Narendra Champaklal Trivedi and Harjibhai Devjibhai Chauhan, were accused of demanding and accepting a Rs.50 bribe for providing a survey report. The trial court and the Gujarat High Court convicted them under Section 7 of the Prevention of Corruption Act, 1988 and imposed the …

THE SECRETARY, MIN.OF DEFENCE & ORS.versusPRABHASH CHANDRA MIRDHA

2012 INSC 252Disposed off

The case concerned an Assistant Foreman of an Ordnance Factory who was served a charge memo alleging bribery and challenged the disciplinary proceedings on the ground that the charge memo was issued by an authority subordinate to his appointing authority. The Central Administrative Tribunal quashed …

JUGENDRA SINGHversusSTATE OF U.P.

2012 INSC 253Dismissed

The appellant, Jugendra Singh, was charged with attempting to rape a nine‑year‑old girl and causing her death by strangulation. The trial court acquitted him, citing minor discrepancies in witness testimonies, but the High Court reversed the acquittal, convicting him under IPC sections 302, 376 and …

VIJAY KUMAR KAUL AND OTHERSversusUNION OF INDIA AND OTHERS

2012 INSC 248Dismissed

The appellants, selected as Lower Division Clerks in 1984, were appointed only in 1993 and 1996 after court orders, while similarly placed candidates (Parveen Singh and others) obtained retroactive appointments and back wages following a tribunal order and a Punjab‑Haryana High Court judgment. The …

NARENDER KUMARversusSTATE (NCT) OF DELHI

2012 INSC 249Appeal(s) allowed

The appellant was convicted of rape under IPC s.376 based solely on the testimony of the prosecutrix, Indira, whose statement was recorded under Section 164 CrPC. The appellant appealed, arguing that the prosecutrix's evidence contained material contradictions, lacked corroboration, and was …