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B S CHAUHAN

311 judgments · newest first · showing 201–311

MUKUT BIHARI & ANR.versusSTATE OF RAJASTHAN

2012 INSC 250Dismissed

Mukut Bihari and another were accused of demanding a Rs.100 bribe for issuing a discharge ticket in a hospital. A trap was organised, the complainant handed the money to the accused, and both were arrested. The trial court convicted them under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of …

RAM KISHUN AND ORS.versusSTATE OF U.P. AND ORS.

2012 INSC 247Dismissed

The appellants, heirs of a guarantor, challenged the recovery of a bank loan by arguing that the liability should not fall solely on them, that the auction of their land was irregular, and that excess proceeds should be returned. The Supreme Court held that under Section 128 of the Contract Act a …

UNION OF INDIA & ANR.versusSHASHANK GOSWAMI & ANR.

2012 INSC 246Appeal(s) allowed

Anand Kishore Gautam, a senior accountant, died while in service, leaving a widow and three children. The widow applied for a compassionate appointment in a Group C post, but the application was rejected because the family had received terminal benefits exceeding the Rs 3 lakh ceiling stipulated in …

ROHTASHversusSTATE OF HARYANA

2012 INSC 244Appeal(s) allowed

The appellant Rohtash was convicted by the High Court for dowry death under Sections 304‑B and 498‑A IPC, based on alleged dowry demands of Rs.10,000 and Rs.5,000 and the claim that his wife Indro committed suicide by poison. The trial court had acquitted all accused, finding material …

SMT. BADAMI (DECEASED) BY HER L.R.versusBHALI

2012 INSC 245Appeal(s) allowed

The appellant, the daughter of Badami, challenged a 1973 decree that had been obtained through a purported family settlement in which Badami allegedly transferred her entire share of ancestral land to Bhali. The trial court had passed the decree within three days of filing, without proper …

STATE OF RAJASTHANversusDARSHAN SINGH @ DARSHAN LAL

2012 INSC 241Dismissed

The State of Rajasthan convicted Darshan Singh for murder under Section 302 IPC based on the testimony of Geeta, a deaf‑and‑dumb eyewitness, whose statement was recorded in sign language through her father who acted as interpreter. The High Court set aside the conviction, holding that the witness …

UNION OF INDIA AND OTHERSversusS. SRINIVASAN

2012 INSC 242Disposed off

The Union of India challenged the appointment of part‑time members to the Appellate Tribunal for Foreign Exchange under Rule 5 of the 2000 Rules, arguing that the concept of part‑time members and their appointment from the Indian Legal Service were beyond the scope of the Foreign Exchange Management …

RAMESH HARIJANversusSTATE OF U.P.

2012 INSC 243Dismissed

The appellant, Ramesh Harijan, was charged with raping and murdering a 5‑6‑year‑old girl. The prosecution relied on the mother’s FIR, eyewitnesses who claimed to have seen the accused committing the crime, and forensic evidence of blood and semen on a recovered sheet. The trial court acquitted, …

STATE OF RAJASTHANversusVINOD KUMAR

2012 INSC 240Appeal(s) allowed

The State of Rajasthan appealed against the Rajasthan High Court’s order reducing the sentences of Vinod Kumar and Heera Lal for rape (s.376 IPC) from the trial court‑imposed seven years to five years and eleven months respectively. The High Court reduced the sentences without recording any …

AMAR PAL SINGHversusSTATE OF U.P. AND ANR.

2012 INSC 238Appeal(s) allowed

A complainant filed an application under Section 156(3) of the CrPC before the Chief Judicial Magistrate (CJM) of Bulandshahar seeking a direction to the police to register an FIR for a shooting incident. The CJM dismissed the application. The complainant appealed to the Allahabad High Court, which …

HUIDROM KONUNGJAO SINGHversusSTATE OF MANIPUR & ORS.

2012 INSC 239Appeal(s) allowed

Huidrom Shantikumar Singh was arrested for murder under Section 302 IPC and the Arms Act and, while already in custody, a District Magistrate ordered his detention under Section 3(2) of the National Security Act (NSA) on the basis that he might be released on bail in a similar case and could engage …

THOTI MANOHARversusSTATE OF ANDHRA PRADESH

2012 INSC 237Dismissed

The appellant, Thoti Manohar (A‑2), was convicted along with his brother (A‑1) and cousin (A‑3) for the murder of Kuppuswamy Modali and related offences. The prosecution alleged that A‑1 had an illicit relationship with the victim's cousin, leading to a series of disputes, cattle raids, and a …

SANDEEPversusSTATE OF U.P.

2012 INSC 235Disposed off

The accused Sandeep and Shashi Bhushan were apprehended by police after a girl, Jyoti, reported that they had assaulted her, poured acid on her and attempted to abort her foetus. The victim later died, and the trial court convicted both under Sections 302 and 316 IPC, sentencing them to death. The …

COMMON CAUSEversusUNION OF INDIA AND ORS.

2012 INSC 221Disposed off

Common Cause filed a writ petition under Article 32 seeking a mandamus directing the President of India to refer allegations against the Chairman of the National Human Rights Commission to the Supreme Court under Section 5(2) of the Protection of Human Rights Act, 1993. The allegations, communicated …

CHHANGA SINGH AND ANR.versusUNION OF INDIA AND ANR.

2012 INSC 206Appeal(s) allowed

The appellants' land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation and a solatium by the Reference Court in 2001, but no interest was granted on the solatium. During execution proceedings they claimed interest on the solatium, which the execution court and the …

NEEL KUMAR @ ANIL KUMARversusTHE STATE OF HARYANA

2012 INSC 204Disposed off

The appellant, Neel Kumar (also known as Anil Kumar), was convicted of raping and murdering his four‑year‑old daughter. The trial court and High Court relied on the victim’s custody, the appellant’s silence, blood‑stained clothing recovered from his disclosure statement, and the absence of any …

GENERAL OFFICER COMMANDINGversusCBI AND ANR

2012 INSC 196Disposed off

The CBI investigated a 2000 fake encounter at Pathribal in Jammu & Kashmir, where five alleged terrorists were killed by members of the 7 Rashtriya Rifles, and filed a charge‑sheet against several army officers. The officers invoked Section 7 of the Armed Forces (Jammu & Kashmir) Special Powers Act, …

SANGEETABEN MAHENDRABHAI PATELversusSTATE OF GUJARAT AND ANR.

2012 INSC 180Dismissed

The appellant was first prosecuted under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque and was convicted, later acquitted on appeal, with the appeal still pending. Subsequently, the same complainant filed an FIR under Sections 406, 420 and 114 of the Indian Penal …

UNION OF INDIA & ANR.versusTALWINDER SINGH

2012 INSC 179Appeal(s) allowed

The appellant Union of India challenged the High Court's order granting disability pension to Talwinder Singh, a former infantry soldier who suffered a left‑eye injury while on annual leave at his home. The injury was examined by the Release Medical Board, which concluded the disability was 30% …

VIJAY SINGHversusSTATE OF U.P. & ORS.

2012 INSC 173Appeal(s) allowed

The appellant, a Sub‑Inspector of Uttar Pradesh Police, was ordered to withhold his integrity certificate for 2010 on the ground that he failed to record the past criminal history of an accused in a bailable offence. He challenged the order, arguing that withholding the certificate was not a …

RAM DHANversusSTATE OF U.P. AND ANR.

2012 INSC 168Dismissed

Petitioner Ram Dhan filed a complaint alleging his son had been kidnapped, leading to the conviction of Balraj and others under IPC 364 r/w 149. The son later testified that he had left voluntarily, prompting Balraj to file an FIR against the petitioner for false information under IPC sections 177, …

SUNIL KUMARversusSTATE OF HARYANA

2012 INSC 150Dismissed

Sunil Kumar was convicted under Section 7 of the Essential Commodities Act, 1955 for possessing and selling large quantities of blue kerosene and was sentenced to one year imprisonment and a fine. His appeal against the conviction was dismissed by the High Court, and a subsequent application seeking …

JAI PRAKASH SINGHversusTHE STATE OF BIHAR & ANR. ETC.

2012 INSC 130Disposed off

The appellant filed an FIR alleging that the respondents opened indiscriminate fire on the deceased, resulting in his death, and the respondents later obtained anticipatory bail under Section 438 of the CrPC. The Sessions Judge rejected the bail, but the Patna High Court granted it, citing an old …

RAVI YASHWANTversusDISTRICT COLLECTOR, RAIGAD AND ORS.

2012 INSC 126Appeal(s) allowed

Ravi Yashwant Bhoir, elected President of Uran Municipal Council, was disqualified for the remainder of his term and barred for six years under Section 558 of the Maharashtra Municipal Councils Act on allegations of misconduct, including failure to call a General Body meeting and awarding tenders at …

RAJESH TALWARversusC.B.I. & ORS.

2012 INSC 127Dismissed

The murder of Aarushi Talwar and the subsequent killing of domestic help Hemraj led to a criminal trial before the Special Judicial Magistrate (CBI) in Ghaziabad. Dr. Rajesh Talwar and Dr. Nupur Talwar filed separate transfer petitions under Section 406 of the Code of Criminal Procedure, seeking to …

ONKAR & ANR.versusSTATE OF U.P.

2012 INSC 38Dismissed

The case arose from a midnight attack on the house of complainant Jalsur on 22-23 March 1980, during which the deceased Onkar Singh was shot dead and Jalsur's son and daughter were injured. The appellants, along with five other accused, were convicted under Sections 302, 307 and 452 IPC read with …

V.K. NASWAversusHOME SECRETARY, U.O.I. AND ORS.

2012 INSC 10Dismissed

V.K. Naswa filed a writ petition under Article 32 seeking Rs 10 crore each from Baba Ramdev, Anna Hazare and others for alleged misuse and insult of the National Flag, and also asked the Court to direct amendment of the Flag Code of India, 2002. The petitioner had already lodged criminal complaints …

STATE OF PUNJABversusDAVINDER PAL SINGH BHULLAR & ORS. ETC

2011 INSC 839Appeal(s) allowed

The Supreme Court examined whether the Punjab and Haryana High Court could entertain applications under Section 482 of the CrPC and direct a CBI investigation after a criminal appeal had been finally disposed of. It held that once a judgment is signed, the court becomes functus officio and, under …

SHIV SHANKAR SINGHversusSTATE OF BIHAR & ANR.

2011 INSC 812Appeal(s) allowed

Shiv Shankar Singh filed two protest petitions against the State of Bihar after two FIRs were lodged for the same incident, one alleging a dacoity and the other alleging murder for property disputes. The first petition, filed before the police final report, was deemed incompetent, while the second …

THE DIVISIONAL CONTROLLER, KSRTCversusM.G. VITTAL RAO

2011 INSC 809Disposed off

The employee of KSRTC was dismissed after a domestic enquiry found him guilty of theft, despite later being acquitted in a criminal trial. The Labour Court upheld the dismissal, and the High Court initially modified the order to termination with terminal benefits, later reinstating the employee with …

GULAB DAS & ORS.versusSTATE OF M.P.

2011 INSC 804Case Partly allowed

The case arose from a family dispute over a partition fence that led to a violent altercation in 1994, resulting in cross‑cases and convictions under IPC sections 307, 323 and 325 with accompanying fines. The appellants, who were related to the complainant, sought to have the offences compounded on …

BIRBAL B. CHOUHAN & ANR. ETC. ETC.versusSTATE OF CHHATTISGARH ETC. ETC.

2011 INSC 798Disposed off

The appellants were charged under Sections 399 and 402 of the Indian Penal Code for assembling and preparing to commit dacoity on 10 February 1992. The prosecution proved that a group of armed men, including the appellants, attempted to stop two motorcyclists and were later seized by police with …

MRS. ASHA SHARMAversusCHANDIGARH ADMINISTRATION AND ORS.

2011 INSC 626Disposed off

The appellant, a retired IAS officer appointed as State Information Commissioner, sought to retain the government house she occupied in Chandigarh beyond the four‑to‑six‑month period prescribed under Rule 13 of the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996. …

MANOHAR LAL (D) BY LRS.versusUGRASEN (D) BY LRS. & ORS.

2011 INSC 608Dismissed

The Supreme Court examined a review petition challenging its earlier order that quashed an allotment of land made by the Chief Minister of Uttar Pradesh to the predecessor‑in‑interest of the petitioners under the Land Acquisition Act, 1894. The State Government's land policy allowed aggrieved …

PRATAP CHANDRA MEHTAversusSTATE BAR COUNCIL OF M.P. & ORS.

2011 INSC 562Dismissed

The State Bar Council of Madhya Pradesh passed a no‑confidence motion against its Chairman and Vice‑Chairman under Rules 121 and 122‑A, prompting the petitioners to challenge the validity of those rules. The petitioners argued that the rules were ultra vires Section 15 of the Advocates Act, amounted …

AMIT SINGHversusSTATE OF MAHARASHTRA & ANR.

2011 INSC 552Case Allowed

Amit Singh was convicted of multiple offences, including murder, and sentenced to life imprisonment. He filed a writ petition under Article 32, claiming that he was a juvenile (under 18) at the time of the offence on 1 May 1999, based on his birth certificate and school records showing a birth date …

RAFIQ AHMED @ RAFIversusSTATE OF U.P.

2011 INSC 546Dismissed

The appellant Rafiq Ahmed was charged with dacoity with murder under IPC s.396 (and s.201) but was convicted of murder under s.302. He argued that the lack of a specific charge under s.302 deprived him of a fair defence and caused prejudice. The Supreme Court examined the statutory relationship …

PREM PRAKASH @ LILLU & ANR.versusSTATE OF HARYANA

2011 INSC 477Dismissed

The case involved three accused—Dharambir (D), Prem Prakash (P) and Herchand (H)—charged under IPC sections 366 and 376(2)(g) for kidnapping and gang‑rape of Kumari Sudesh. The trial court convicted all three, a decision affirmed by the High Court. On appeal before the Supreme Court, D's appeal was …

JAGDISH PRASADversusSTATE OF RAJASTHAN & ORS.

2011 INSC 471Disposed off

The case concerned promotion of Motor Vehicle Inspectors to District Transport Officer (OTO) in Rajasthan. The State had amended the 1979 Rajasthan Transport Service Rules in 1992, deleting the qualifying examination requirement and clubbing vacancies from 1983‑84 to 1993‑94, promoting candidates …

NOOR SK. BHAIKANversusSTATE OF MAHARASHTRA & ORS.

2011 INSC 472Dismissed

Noor Sk. Bhaikan, a project‑affected person, was allotted 1.61 hectares of agricultural land under the Resettlement Act, 1965 after his original land was acquired under the Land Acquisition Act, 1897. It later emerged that the land handed over to him was mistakenly taken from a different survey and …

OM PRAKASHversusSTATE OF HARYANA

2011 INSC 473Disposed off

Om Prakash was convicted along with co‑accused Jai Prakash for kidnapping and raping a 14‑year‑old girl. The prosecution alleged that after kidnapping the girl, Jai Prakash took her to Om Prakash's house, where the girl was raped while Om Prakash allegedly failed to help her. The Supreme Court …

STATE OF RAJASTHAN TH. SECY.HOME DEPT.versusABDUL MANNAN & ANR.

2011 INSC 474Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Abdul Mannan, Afzal and Abdul Zabbar for the murder of two persons during a communal riot, where a mob of 50‑60 entered a house and 8‑10 armed assailants inflicted fatal injuries. The trial court convicted them under IPC sections 302/149, 148, 324/149 …

STATE OF DELHIversusRAM AVTAR@ RAMA

2011 INSC 475Dismissed

The State of Delhi alleged that Ram Avtar was carrying heroin after a secret informer tipped off police, who raided him and served a written notice under Section 50 of the NDPS Act. The notice, however, failed to unambiguously inform the accused of his statutory right to be searched before a …

NAND KISHOREversusSTATE OF MADHYA PRADESH

2011 INSC 476Dismissed

The appellant Nand Kishore was convicted under Section 302 IPC read with Section 34 for the murder of Mahavir, who was killed during a quarrel over money. The prosecution proved that Mahesh Dhimar held the victim's arms, Dinesh Dhimar stabbed him with a knife, and Nand Kishore pelted stones at the …

STATE OF MAHARASHTRAversusGORAKSHA AMBAJI ADSUL

2011 INSC 478Dismissed

The State of Maharashtra prosecuted Goraksha Ambaji Adsul for the murder of his father, step‑mother and step‑sister, alleging that he poisoned the family with sedative‑laden sweets and later strangulated them, disposing of the bodies in railway trunks. The trial court convicted him under Sections …

BHAJAN SINGH @ HARBHAJAN SINGH & ORS.versusSTATE OF HARYANA

2011 INSC 422Dismissed

Six accused, armed with deadly weapons, entered the complainant's house and killed two of his sons while seriously injuring his grandson. The trial court convicted three of them under Sections 302/34 and 307/34 IPC and acquitted the other three, but the High Court convicted all six under Sections …

STATE OF RAJASTHANversusTALEVAR & ANR.

2011 INSC 417Dismissed

In December 1996 a dacoity with two murders was committed at a house in Rajasthan. Two of the accused, Kuniya and Talevar, were later arrested and, based on their disclosure statements, cash, silver items and a scooter were recovered, but the recoveries occurred several days after the incident and …

GHURELAL AND ORS.versusSTATE OF RAJASTHAN

2011 INSC 418Dismissed

The case involves a dacoity on 16-17 December 1996 in which two persons were murdered and movable property was looted. Six accused were identified through test identification parades and the stolen articles, weapons and a vehicle were recovered based on their disclosures. They were convicted under …

VISHRAM SINGH RAGHUBANSHIversusSTATE OF U.P.

2011 INSC 416Dismissed

Vishram Singh Raghu Banshi, a practising advocate, was found to have abused the presiding magistrate with vulgar language after the magistrate questioned his involvement in an alleged impersonation of a surrendering accused. The magistrate complained, leading to contempt proceedings under Section 15 …

BHAGALOO LODH AND ANR.versusSTATE OF U.P.

2011 INSC 414Dismissed

The appellants were convicted for the murder of Vinod Kumar under Section 302 read with Section 34 of the IPC. They appealed, contending that the FIR was lodged nine hours after the incident without a satisfactory explanation and that the key eyewitnesses were close relatives of the deceased, …

SK. YUSUFversusSTATE OF WEST BENGAL

2011 INSC 415Appeal(s) allowed

The appellant, Yusuf, was accused of murdering 13‑year‑old Sahanara Khatun and of concealing the offence under Sections 302 and 201 IPC. The prosecution relied on the claim that Yusuf attempted to rape the girl, struck her with a spade and buried her, supported by witnesses who saw Yusuf near the …

STATE OF U. P.versusMOHD .. IQRAM & ANR.

2011 INSC 413Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court’s acquittal of two accused (Mohd Iqram and another) in the murder of Rashmi. Police, on routine patrol, heard shrieks, saw three persons scaling a wall, apprehended two, and were led to the victim who later died of strangulation. …

A SHANKARversusSTATE OF KARNATAKA

2011 INSC 412Appeal(s) allowed

The appellant A. Shankar was charged under IPC sections 302, 307 and 324 for the murder of Murthy Prasad and the attempted murder of Shankara, the victim's brother. The trial court acquitted him, finding that the prosecution had not proved guilt beyond reasonable doubt, particularly due to …

SURAZ INDIA TRUSTversusUNION OF INDIA AND ANR.

2011 INSC 260Matter referred to larger bench

The Suraz India Trust, a Rajasthan public trust, filed a writ petition under Article 32 of the Constitution seeking review of two Supreme Court judgments that had affirmed the primacy of the collegium in appointing Supreme Court and High Court judges. The trust contended that those judgments …

DELHI PRADESH REGD. MED. PRT. ASSN.versusUNION OF INDIA & ORS.

2011 INSC 201Dismissed

The Delhi Pradesh Regulated Medical Practitioners Association filed a review petition before the Supreme Court challenging a judgment that dismissed its claim to practice medicine on the basis of qualifications awarded by the Hindi Sahitya Sammelan. The sole ground advanced was that the …

H. SIDDIQUI (DEAD) BY LRS.versusA. RAMALINGAM

2011 INSC 185Disposed off

The appellant filed a suit for specific performance of a registered agreement to sell a one‑third share of a property, alleging that the respondent’s brother, acting under a power of attorney, had entered into the sale. The respondent denied ever executing a power of attorney authorising his brother …

RABINDRA KUMAR PAL @ DARA SINGHversusREPUBLIC OF INDIA

2011 INSC 63Dismissed

The case concerns the 1999 arson and murder of Australian missionary Graham Staines and his two sons by a mob in Orissa. The trial court convicted fourteen accused, sentencing Dara Singh (A‑1) to death and the others to life imprisonment; the High Court modified Dara Singh's sentence to life …

RANJIT SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2010 INSC 747Dismissed

The case involved an alleged unlawful assembly that rioted and assaulted victims, resulting in two deaths and three grievous injuries. The trial court convicted ten accused under sections 148, 149, 323, 324, 365 and 342 IPC, but the High Court acquitted two and upheld convictions of eight; five …

OMPRAKASH VERMA & ORS.versusSTATE OF ANDHRA PRADESH & ORS.

2010 INSC 691Dismissed

The appellants challenged the validity of the State's allocation of land in Survey No. 83 under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and that the earlier High Court judgments declaring the proceedings void should stand. The Supreme Court examined …

B.V. NAGESH & ANR.versusH.V. SREENIVASA MURTHY

2010 INSC 645Disposed off

The appellants filed a regular first appeal under Section 96 of the CPC against a trial court decree. The High Court of Karnataka set aside and modified the decree but did so without framing points for determination, without discussing the factual and legal issues, and without providing adequate …

STATE OF U. P. & ORS.versusNEERAJ CHAUBEY & ORS.

2010 INSC 619Disposed off

The Supreme Court examined a writ petition filed by Dr. Neeraj Chaubey challenging an advertisement for an Assistant Professor position that required seven years of experience instead of the statutory five years. The Division Bench of the Allahabad High Court, instead of listing the petition, issued …

HARJINDER SINGHversusSTATE OF PUNJAB

2010 INSC 514Disposed off

Harjinder Singh was convicted under the Narcotic Drugs and Psychotropic Substances Act and sentenced to ten years' rigorous imprisonment and a fine of Rs. 1 lakh. He appealed to the High Court, but his counsel was absent on the hearing date and no one appeared on his behalf; the High Court …

RAMESH GAJENDRA JADHAVversusSECRETARY, LATE S.G.S.P. MANDAL & ORS.

2010 INSC 417Dismissed

The appellant, Ramesh Gajendra Jadhav, was appointed as a regular lecturer of Geography in a college based on an advertisement that described the vacancy as a part‑time post in the open category. Due to a clerical error, the university later approved the post as a full‑time position reserved for …

DHAN SINGHversusSTATE OF HARYANA

2010 INSC 419Case Partly allowed

The appellant Ohan Singh was convicted for the death of his brother Shiv Ram, who died after being struck on the head with an iron rod during a family property dispute. The prosecution relied on Shiv Ram's dying declaration, recorded by a Head Constable after a doctor certified that he was fit to …

MANNU SAOversusSTATE OF BIHAR

2010 INSC 420Dismissed

Mannu Sao was convicted under IPC sections 302 and 201 for murdering his wife, Bimla Devi, whose body was found burnt. He claimed she had committed suicide by self‑immolation, but the post‑mortem showed death by throttling before the burns. The trial and High Courts upheld the conviction based on a …

MAHARSHI DAYANAND UNIVERSITYversusSURJEET KAUR

2010 INSC 408Dismissed

Surjeet Kaur, a student of Maharshi Dayanand University, pursued an M.A. regular course while simultaneously enrolling in a B.Ed. correspondence course, violating the university's Clause 17(b) of its General Rules of Examination. After the university cancelled her B.Ed. results, she appeared for a …

MAQBOOL @ ZUBIR @ SHAHNAWAZ AND ANR.versusSTATE OF AP.

2010 INSC 375Dismissed

The appellants Maqbool, Zubir and Shahnawaz were convicted for murder (Sec. 302 IPC) and conspiracy (Sec. 120B IPC) based on eyewitness testimony, medical evidence and entries from a diary recovered during investigation. They challenged the convictions alleging that the witnesses were interested, …

SANATAN NASKAR & ANR.versusSTATE OF WEST BENGAL

2010 INSC 376Dismissed

The case involved the murder of Phool Guha and robbery of her house, for which Sanatan Naskar and another accused were arrested after they allegedly led police to stolen wrist watches and a camera. The trial court and the High Court convicted them under Sections 302, 34, 392 and 411 IPC, relying on …

UDAY CHAKRABORTY & ORS.versusSTATE OF WEST BENGAL

2010 INSC 377Dismissed

The Supreme Court upheld the conviction of Uday Chakraborty and his relatives for dowry death under Sec. 304B IPC read with Sec. 498A IPC. Although the FIR did not explicitly mention a dowry demand, the Court held that the cumulative documentary and oral evidence, including the execution of a …

KHAZIA MOHAMMED MUZAMMILversusTHE STATE OF KARNATAKA AND ANR.

2010 INSC 378Dismissed

The appellant, Khazia Mohammed Muzammil, was appointed as a District Judge on probation under the Karnataka Judicial Services (Recruitment) Rules, 1983 and served for 3 years 10 months before being discharged on the ground of unsuitability. He claimed that, having completed the probation period …

ASHOK KUMARversusSTATE OF HARYANA

2010 INSC 379Case Partly allowed

Ashok Kumar was convicted under Section 304‑8 IPC for the death of his wife, who died from burn injuries allegedly after being harassed for a dowry demand of Rs.5,000. The appellant argued that the alleged demand did not constitute "dowry" within the meaning of Section 2 of the Dowry Prohibition Act …

PUNJAB STATE ELECTRICITY BOARD & ANR.versusASHWANI KUMAR

2010 INSC 381Disposed off

The Punjab State Electricity Board (PSEB) issued demand notices for higher tariff and penalties against Ashwani Kumar and other consumers, alleging that two electricity connections operating in what was claimed to be separate premises were in fact in the same premises and therefore should be clubbed …

UNION OF INDIA & ORS.versusJAGDISH PANDEY & ORS.

2010 INSC 393Dismissed

The respondents, Tower Wagon Drivers (TWDs) in the Eastern Railway, obtained a running allowance and were placed on the same pay scale as Goods Train Drivers. The Railways later issued an order withdrawing the higher pay scale, claiming it was granted inadvertently. The respondents challenged this …

MALAYALA MANORAMA CO. LTD.versusASSTT. COMMISSIONER, COMMERCIAL TAXES & ANR.

2010 INSC 394Disposed off

Malayala Manorama Co. Ltd. purchased printing ink for newspaper production in 2001‑02 and claimed a concessional 3% tax rate by filing Form 18 under Section 5(3) of the Kerala General Sales Tax Act, 1963. The Assistant Commissioner issued a penalty notice alleging that newspaper printing does not …

DHARNIDHARversusSTATE OF U.P.

2010 INSC 382Dismissed

The appellants were convicted for the murders of Bahadur Singh and his father Pyare Lal. The prosecution proved that four accused, armed with guns and a spear, killed Bahadur Singh, after which all five accused, including Dharnidhar, proceeded to kill Pyare Lal with guns and a kulhari. The defence …

SUBHADRA AND ORS.versusTHANKAM

2010 INSC 385Dismissed

The appellants entered into an agreement to sell a 5‑cent parcel of land together with the structures described in Exhibit 81 to the respondent for a total price of Rs.45,250. After paying earnest money, a dispute arose over the extent of the property to be transferred, with the appellants …

LAXMAN TATYABA KANKATE & ANR.versusTARAMATI HARISHCHANDRA DHATRAK

2010 INSC 386Dismissed

The respondents entered into an agreement to sell land to the appellants and paid Rs 10,000 as earnest money, but the appellants failed to execute the sale deed. The respondents sued for specific performance and, alternatively, for refund of the earnest money. The trial court awarded only the …

DINESH CHANDRA PANDEYversusHIGH COURT OF M.P. & ANR.

2010 INSC 387Dismissed

The appellant, a civil judge, was charged with possessing assets disproportionate to his known income and, during the departmental enquiry, was denied permission to engage a legal practitioner. He challenged the denial as a violation of natural justice and of M.P. Civil Services (Classification, …

BALWANT SINGH (DEAD)versusJAGDISH SINGH & ORS.

2010 INSC 388Dismissed

The landlord Balwant Singh filed an eviction suit which was appealed up to the Supreme Court. While the appeal was pending, the sole appellant died on 28 November 2007. The legal representatives filed applications on 15 April 2010, 778 days after the death, seeking to be brought on record under …

NARESH KUMARversusDEPARTMENT OF ATOMIC ENERGY AND ORS.

2010 INSC 390Dismissed

The appellant, a former Indian Air Force air corporal who later served with the Department of Atomic Energy and Nuclear Power Corporation, had elected a pro‑rata pension on retirement and subsequently sought to change his option to a combined civil‑military pension. His multiple representations to …

TRANSMISSION CORPN. OF A.P. LTD. & ANR.versusSAI RENEWABLE POWER PVT. LTD. & ORS.

2010 INSC 391Disposed off

The Supreme Court examined a dispute between the Andhra Pradesh Transmission Corporation and several non‑conventional energy developers over the purchase price of electricity and the restriction on third‑party sales imposed by the Andhra Pradesh Electricity Regulatory Commission (APERC). The …

PUBLIC SERVICE COMMISSION, UTTARANCHALversusMAMTA BISHT AND ORS.

2010 INSC 336Appeal(s) allowed

The Uttaranchal Public Service Commission advertised 35 posts of Civil Judge (Junior Division) with both vertical (SC/ST/OBC) and horizontal (women, physically handicapped) reservations. Ms. Mamta Bisht, a resident woman of Uttaranchal, applied for the horizontal women’s reservation but was not …

STATE OF ORISSA & ANR.versusRAJKISHORE NANDA & ORS.

2010 INSC 337Appeal(s) allowed

The State of Orissa advertised 15 junior clerk vacancies, later increased to 33, and prepared a select list of 66 candidates. Candidates whose names remained on the list but were not appointed filed petitions before the Central Administrative Tribunal seeking appointment, and the Tribunal ordered …

FULJIT KAURversusSTATE OF PUNJAB & ORS.

2010 INSC 338Dismissed

Fuljit Kaur applied for a residential plot in Punjab Urban Estates and was asked to pay a provisional price. After the tentative price was later determined, the authorities issued a demand for an additional price, which she challenged as arbitrary. The High Court upheld the demand, relying on the …

STATE OF PUNJAB & ORS.versusG.S. RANDHAWA

2010 INSC 339Appeal(s) allowed

The Supreme Court examined the liability of an allottee under the Punjab Urban Estate (Sale of Sites) Rules, 1965 to pay an additional price for a plot. The High Court had dismissed the demand notice issued to the allottee, but the Supreme Court set aside that judgment, upheld the demand notice, and …

STATE OF PUNJAB & ORS.versusCOL. KULDEEP SINGH

2010 INSC 340Appeal(s) allowed

Colonel Kuldeep Singh, an allottee under the Punjab Urban Estate (Sale of Sites) Rules, 1965, received a demand notice requiring payment of an additional price for his allotted plot. The High Court of Punjab and Haryana dismissed the demand notice, holding that the allottee was not liable to pay the …

MANOHAR LAL (D) BY LRS.versusUGRASEN (D) BY LRS. & ORS.

2010 INSC 341Disposed off

The case concerned allotments of land acquired under the 1894 Land Acquisition Act and the applicability of the Uttar Pradesh Urban Planning and Development Act, 1973. The State Government, acting as a revisional authority, directed the Ghaziabad Development Authority (GDA) to allot land to both …

THE DISTRICT COLLECTOR, SRIKAKULAM & ORS.versusBAGATHI KRISHNA RAO & ANR.

2010 INSC 335Appeal(s) allowed

The respondents filed a suit seeking declaration of title and possession of land, which the appellants contended was forest land vested in the State of Andhra Pradesh. The State was a party in the trial court and the first appellate court but was not impleaded in the second appeal before the High …

RAJASTHAN PRADESH V.S. SARDARSHAHAR AND ANR.versusUNION OF INDIA AND ORS.

2010 INSC 334Disposed off

The Supreme Court examined whether holders of the "Vaidya Visharad" or "Ayurved Ratna" certificates issued by the Hindi Sahitya Sammelan, Prayag after 1967 could practice medicine under the Indian Medicine Central Council Act, 1970, and whether the cut‑off date of 1967 in Entry 105 of the Act’s …

DINESH KUMARversusYUSUF ALI

2010 INSC 332Disposed off

The respondent landlord, owner of a 152 sq.ft. shop, leased it to the appellant tenant from 1978 and periodically raised the rent, later filing an eviction suit under M.P. Accommodation Control Act, 1961 s.12(1)(f) claiming a bona‑fide need to use the premises for his own business, which he was …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSURESH CHAND SHARMA

2010 INSC 333Disposed off

A bus conductor of the U.P. State Road Transport Corporation was found to have recovered fare from passengers travelling without tickets but failed to issue tickets, thereby misappropriating the public money. He was dismissed after a disciplinary enquiry that complied with the principles of natural …

H.P. PUBLIC SERVICE COMMISSIONversusMUKESH THAKUR & ANR.

2010 INSC 330Appeal(s) allowed

The Himachal Pradesh Public Service Commission advertised 13 vacancies for Civil Judge (Junior Division) and conducted a written examination. Respondent No.1, Mukesh Thakur, secured the required aggregate marks but failed to obtain the mandatory 45% in the Civil Law‑II paper, and was therefore not …

MAY GEORGEversusSPECIAL TAHSILDAR & ORS.

2010 INSC 331Dismissed

May George challenged the award of acquisition of her 33‑cent parcel under the Land Acquisition Act, 1894, alleging that she never received the notice required under Section 9(3). The High Court dismissed her writ petition but allowed her to file an application under Section 18. On appeal, the …

BHARATHA MATHA & ANR.versusR. VIJAYA RENGANATHAN & ORS.

2010 INSC 328Appeal(s) allowed

The predecessor‑in‑interest of Bharatha Matha filed a suit for a share in the property of her brother Muthu Reddiar, who died intestate and allegedly unmarried. Defendant No.1, Rengammal, claimed she was lawfully married to Alagarsami Reddiar (who was alive) and also asserted a live‑in relationship …

GOVT. OF ANDHRA PRADESH & ORS.versusM/S. OBULAPURAM MINING CO. PVT. LTD.& ORS. ETC.

2010 INSC 301Hearing Adjourned

The Supreme Court was called upon to resolve a dispute over the right to mine iron ore in six leases in Andhra Pradesh that bordered the state of Karnataka. The State of Andhra Pradesh sought to maintain a status‑quo injunction, arguing that mining could prejudice the demarcation of the inter‑state …

CENTRAL BUREAU OF INVESTIGATIONversusHOPESON NINGSHEN & ORS.

2010 INSC 259Disposed off

The Central Bureau of Investigation (CBI) sought transfer of two kidnapping‑murder cases involving an NSCN (IM) activist from the Chief Judicial Magistrate's Court in Ukhrul, Manipur to a CBI‑court in Delhi under Section 406 of the CrPC. The incidents involved the abduction and killing of three …

P.K. SINGHversusM/S. S.N. KANUNGO AND OTHERS

2010 INSC 110Disposed off

The case arose from an arbitration award directing the Andaman and Nicobar Administration to pay a contractor a sum with interest. The Executive Engineer (appellant) wrote letters to the contractor seeking to adjust the award by having the contractor accept only the principal amount and waive …

KHANAPURAM GANDAIAHversusADMINISTRATIVE OFFICER & ORS.

2010 INSC 1Dismissed

Khanapuram Gandaiah, involved in multiple civil suits over land, sought under the Right to Information Act, 2005, the reasons why a judicial officer (Respondent No.4) had dismissed his miscellaneous appeal, alleging judicial dishonesty. His RTI application under Section 6 was rejected, and …

MD. MONIR ALAMversusSTATE OF BIHAR

2009 INSC 1250Dismissed

The case arose from a land demarcation dispute in which a fight broke out, leading to the death of lmteyaz Ali. Monir Alam and others were convicted under IPC sections 304(11) and 323, with Alam sentenced to three years. The High Court altered the conviction to include section 149 but upheld the …

AMARJEET SINGH & ORS.versusDEVI RATAN & ORS.

2009 INSC 1244Disposed off

The case concerned seniority of Excise Inspectors promoted to Assistant Excise Commissioner (AEC) under two different Departmental Promotion Committees (DPCs). One DPC (19‑Dec‑1998) promoted officers on a merit basis under the pre‑1994 rules, while a second DPC (22‑Jan‑1999) promoted others on a …

AMARJIT SINGHversusSTATE OF HARYANA

2009 INSC 1245Appeal(s) allowed

The case arose from a violent incident in July 1998 in which Gurnam Singh was killed and Joginder Singh injured. The accused, including Amarjit Singh and Sher Singh, were convicted of murder under s.302 IPC by the trial court, which accepted the prosecution's version despite doubts about the …

J.L. KOUL & ORS.versusSTATE OF J & K & ORS.

2009 INSC 1200Disposed off

The appellants, Kashmiri Pandit retirees who lost their homes in the valley due to militancy, were allowed to retain government‑provided accommodation in Jammu even after retirement for security reasons. Other government employees filed writ petitions seeking those houses, leading the High Court to …

STATE OF ORISSA & ORSversusCHITRASEN BHOI

2009 INSC 1142Dismissed

The State of Orissa acquired land for a fish farm under the Land Acquisition Act, 1894, awarding the original owner, Chitrasen Bhoi, Rs 2,500 per acre in 1975. Subsequent owners received a higher award of Rs 10,000 per acre in 1995, prompting Bhoi to file an application under Section 28A on 21 March …

GAJARA VISHNU GOSAVIversusPRAKASH NANASAHED KAMBLE & ORS.

2009 INSC 1143Dismissed

The appellant purchased the western half of a jointly held property from the heir of a co‑parcener, claiming ownership and possession. The respondents argued that the property had never been partitioned, that the heir was not a necessary party, and that the sale deed could not confer possession. The …

GAMINI BALA KOTESWARA RAO & ORS.versusSTATE OF AP. THR. SECRETARY

2009 INSC 1055Dismissed

The case arose from a violent incident during the 1995 Mandal elections in Gadiparthivaripalem, where the candidate Soodidela Satyanarayana Reddy was murdered by a group of about twenty accused armed with stones, knives and axes. The trial court acquitted all accused, deeming the two eye‑witnesses …

JASWINDER SINGHversusSTATE OF PUNJAB

2009 INSC 877Dismissed

The appellant Jaswinder Singh was convicted for murder and attempt to murder under Sections 302, 307 and 34 of the IPC. He argued that he was not named in the FIR, that no test identification parade (TIP) was held, and that the evidence against him was unreliable. The sole eyewitness, the …