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C K PRASAD

133 judgments · newest first · showing 1–133

EASWARIversusPARVATHI & ORS.

2014 INSC 483Dismissed

The plaintiffs, as legal heirs of the deceased Ponnangatti Gounder and his predeceased wife, sued for declaration and injunction over two properties (Schedule A – ancestral, Schedule B – self‑acquired). The trial court decreed in their favour for both properties. The first appellate court reversed …

PUNJAB UNIVERSITYversusUNIT TRUST OF INDIA & ORS

2014 INSC 480Disposed off

Punjab University and Punjab Agricultural University invested in Unit Trust of India's Institutional Investors Special Fund Unit Scheme‑1998, expecting a guaranteed 13.5% return and repurchase at par. When the maturity proceeds fell short, they filed complaints before the National Consumer Disputes …

VISHWA LOCHAN MADANversusUNION OF INDIA & ORS.

2014 INSC 469Disposed off

The petitioner sought a declaration that the All India Muslim Personal Law Board's efforts to establish Dar-ul-Qaza courts and issue Fatwas constitute an illegal parallel judicial system and that such Fatwas are unenforceable under the Constitution. The Court examined whether Dar-ul-Qaza is a court …

ARNESH KUMARversusSTATE OF BIHAR & ANR.

2014 INSC 463Appeal(s) allowed

Arnesh Kumar, husband of Sweta Kiran, was charged under IPC s.498-A and the Dowry Prohibition Act s.4. He sought anticipatory bail, which was denied by the trial court and the High Court, prompting a petition before the Supreme Court. The Court examined the statutory framework governing police …

STATE OF PUNJABversusGURMIT SINGH

2014 INSC 454Dismissed

The State of Punjab filed a prosecution under Section 3048 of the Indian Penal Code for dowry death, summoning Gurmit Singh as an accused. Singh contended that he could not be tried under this provision because he was not a "relative of the husband" of the deceased woman. The Punjab & Haryana High …

COFFEE BOARDversusM/S. RAMESH EXPORTS PVT. LTD.

2014 INSC 391Appeal(s) allowed

The Coffee Board, a statutory body, failed to provide International Coffee Organization (ICO) export stamps to Ramesh Exports, causing loss of shipment and recall costs. The exporter filed two suits: O.S. No.3150 of 1985 for loss due to delayed shipment and O.S. No.4763 of 1986 for costs arising …

DHAN RAJ @ DHANDversusSTATE OF HARYANA

2014 INSC 386Appeal(s) allowed

The Supreme Court examined the convictions of Ohan Raj and Badal for murder and robbery, which were based primarily on circumstantial evidence, the extra‑judicial confession of a co‑accused, and the recovery of a briefcase and wrist‑watch. The Court held that the co‑accused’s confessions were …

TARSEM LAL & ORS.versusRAM SARUP & ORS.

2014 INSC 348Appeal(s) allowed

The original plaintiff, Faqir Chand, was a tenant under a 1968 lease that granted him the right to irrigate his 25+ kanals of land from a well situated on the landlord's property. When the Himachal Pradesh Tenancy and Land Reforms Act, 1972 came into force, Section 104(3) vested ownership of the …

ARSAD SK. & ANR.versusBANI PROSANNA KUNDU & ORS.

2014 INSC 314Dismissed

The appellants challenged a Calcutta High Court judgment in a second appeal concerning a land title dispute, alleging that the High Court failed to frame the substantial question of law at the time of admitting the appeal under Section 100 of the CPC. The Supreme Court examined whether such an …

LICIL ANTONYversusSTATE OF KERALA&ANR.

2014 INSC 274Dismissed

The appellant, wife of a man detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the order of preventive detention on the grounds of an alleged inordinate delay between the alleged smuggling of red sanders (17 Nov 2012) and the …

BABUBHAI BHIMABHAI BOKHIRIA & ANR.versusSTATE OF GUJARAT & ORS.

2014 INSC 243Appeal(s) allowed

The appellant, Babubhai Bhimabhai Bokhiria, was summoned as an accused under Section 319 of the CrPC after the trial court relied on a letter written by the deceased a year earlier, in which the deceased alleged the appellant intended to kill him. The Supreme Court examined whether the letter …

UNION OF INDIA AND ORS.versusROBERT ZOMAWIA STREET

2014 INSC 946Appeal(s) allowed

The plaintiff, Robert Zomawia Street, claimed ownership of a 4.261‑acre bungalow in Shillong Military Cantonment based on a 1980 will of St. John Perry and sought a permanent injunction against the Union of India and military authorities. The defendants contended that the land was an "old grant" …

VIJAY DHANUKA ETC.versusNAJIMA MAMTAJ ETC.

2014 INSC 216Dismissed

The Supreme Court examined a complaint alleging offences under Sections 323, 380 and 506 read with Section 34 IPC, where the accused resided outside the territorial jurisdiction of the Judicial Magistrate who had examined the complainant and two witnesses under Section 200 CrPC before issuing …

MAHIPAL SINGHversusC.B.I. & ANR.

2014 INSC 945Disposed off

Mahipal Singh was accused of rigging entrance examinations for medical and veterinary courses and was charged under several IPC provisions. The CBI invoked Section 3 of the Maharashtra Control of Organised Crime Act (MCOCA) against him in four cases, leading to his remand under MCOCA. The Delhi High …

VIJAY SINGH & ANRversusSTATE OF MADHYA PRADESH

2014 INSC 200Case Partly allowed

The appellants Vijay Singh and Hari Singh were part of a group that assaulted the deceased with various weapons, each inflicting one injury—Vijay with a ballam to the face and Hari with a farsa to the neck. The deceased sustained five injuries and died from excessive bleeding and shock, as per the …

RUPAK KUMARversusSTATE OF BIHAR & ANR.

2014 INSC 166Appeal(s) allowed

The Superintendent of a district jail was prosecuted under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 after a food inspector found rice and turmeric stored for prisoners to be adulterated. The prosecution alleged that the jail official had "stored" adulterated food, which …

RAMESHCHANDRA AMBALAL JOSHIversusTHE STATE OF GUJARAT AND ANR.

2014 INSC 108Dismissed

The appellant, Rameshchandra Ambalal Joshi, issued a cheque dated 31 December 2005 to repay a loan of Rs.1,00,000. The cheque was presented for payment on 30 June 2006 and was dishonoured for insufficiency of funds, leading to a prosecution under Section 138 of the Negotiable Instruments Act. The …

RAJINDER KUMARversusSHRI KULDEEP SINGH & OTHERS

2014 INSC 84Disposed off

Eight legal heirs sold a Delhi property to Kuldeep Singh in 1980, with the balance consideration to be paid after obtaining permission from the Land & Development Officer. A minor heir, Rajinder Kumar, challenged the agreement, and Kuldeep Singh filed a suit for specific performance which was …

STATE OF GUJARATversusKISHANBHAI ETC.

2014 INSC 14Dismissed

The State of Gujarat charged Kishanbhai with kidnapping, rape, murder and theft of a six‑year‑old girl, Gomi, alleging that he abducted her, amputated her legs to steal her anklets and killed her. The trial court convicted him and sentenced him to death, but the Gujarat High Court acquitted him, …

STATE (NCT OF DELHI)versusNARENDER

2014 INSC 12Appeal(s) allowed

The police seized a vehicle carrying 47 cartons of illicit liquor and filed an FIR under Sections 33(a) and 58 of the Delhi Excise Act, 2009. The Metropolitan Magistrate refused the owner’s application for release of the vehicle, but the Delhi High Court, invoking Section 482 of the Code of Criminal …

NANDLAL WASUDEO BADWAIKversusLATA NANDLAL BADWAIK & ANR.

2014 INSC 9Appeal(s) allowed

The husband, Nandlal Wasudeo Badwaik, challenged a maintenance order under Section 125 of the CrPC granted to his wife Lata Badwaik and their daughter, asserting that he was not the biological father of the child. He obtained two DNA test reports, both excluding him as the father. The trial courts …

M.B. SURESHversusSTATE OF KARNATAKA

2014 INSC 7Disposed off

M.B. Suresh and his father were charged with murder, attempt to murder and offences under the Arms Act arising from a shooting incident over a land dispute. The trial court acquitted them, but the Karnataka High Court convicted Suresh under Section 302 IPC and sentenced him to life imprisonment. On …

STATE OF RAJASTHANversusBHAGWAN DAS AGRAWAL & OTHERS

2013 INSC 841Disposed off

The State of Rajasthan appealed against a High Court order that had discontinued criminal proceedings in Dholpur under Section 186 of the Code of Criminal Procedure (CrPC), on the ground that the same offence was already being tried in courts at Sagar and Chanderi, Madhya Pradesh. The three FIRs …

BANK OF BARODAversusS.K. KOOL (D) THROUGH LRS. AND ANR.

2013 INSC 824Dismissed

S.K. Kool, a clerk of Bank of Baroda, was punished for gross misconduct by being removed from service with "superannuation benefits as would be due otherwise" under clause 6(b) of the 2002 Bipartite Settlement. The Bank denied his pension and leave encashment, relying on Regulation 22 of the Bank of …

GANESHAversusSHARANAPPA & ANR.

2013 INSC 762Appeal(s) allowed

The appellant Ganesha was acquitted by a trial court of offences under IPC sections 341, 323, 324 and 504 read with 34. On the informant's petition, the Karnataka High Court, in revision, set aside the acquittal and convicted Ganesha under s.324 IPC, imposing six months' simple imprisonment and a …

BALWANT RAI SALUJA & ANR. ETC. ETC.versusAIR INDIA LTD. & ORS.

2013 INSC 755Matter referred to larger bench

The workmen employed in the canteen of Air India, which was operated by Chef Air, a unit of the Hotel Corporation of India (HCI), claimed they were regular employees of Air India. Air India argued that HCI was a separate legal entity and that it had no control over the workers' hiring, wages, or …

STATE OF BIHAR & ANR.versusLALU SINGH

2013 INSC 732Appeal(s) allowed

An oral statement led to registration of a murder case, initially investigated by the police station officer-in-charge. The investigation was later transferred to the Criminal Investigation Department (CID) and an Inspector of CID conducted the inquiry and filed the charge‑sheet. The accused …

MANISH TRIVEDIversusSTATE OF RAJASTHAN

2013 INSC 728Dismissed

Manish Trivedi, an elected municipal councillor and member of the Banswara Municipal Board, was charged under Sections 7 and 13 of the Prevention of Corruption Act, 1988 for demanding a bribe in connection with a kiosk allotment. He contended that, as an elected official, he was not a "public …

DR. BALRAM PRASADversusDR. KUNAL SAHA & ORS.

2013 INSC 717Disposed off

Dr. Kunal Saha filed a consumer complaint after his wife died while being treated for toxic epidermal necrolysis at AMRI Hospital. The National Consumer Disputes Redressal Commission held the hospital and four doctors negligent but reduced the claim, deducted 10% for alleged contributory negligence …

MARYversusSTATE OF KERALA AND ORS,

2013 INSC 710Dismissed

Mary, the successful bidder in an auction for the privilege to vend arrack in two shops in Kalady, deposited 30% of the bid amount and executed a temporary agreement under the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. Due to mass local resistance, she could not open the shops and sought …

A.K. SINGHANIAversusGUJARAT STATE FERTILIZER CO. LTD. & ANR.

2013 INSC 701Disposed off

The Supreme Court examined complaints filed under Section 138 of the Negotiable Instruments Act against Gujarat State Fertilizer Co. Ltd. and its directors, including A.K. Singhania and Vikram Prakash, for dishonour of cheques. The key issue was whether the complaints specifically alleged that the …

HARSHA V. RAIversusSTATE OF KARNATAKA & ANR.

2013 INSC 678Appeal(s) allowed

The appellant, Harsha, claimed ownership of 14 cents of land in Attavar village and argued that his mother had leased the land to Bhagirathi Bai in 1953. Bhagirathi, the respondent, sought registration as an occupant under Section 45 of the Karnataka Land Reforms Act, 1961, asserting that she was a …

OMPRAKASHversusLAXMINARAYAN & ORS.

2013 INSC 685Appeal(s) allowed

The plaintiffs filed a suit for specific performance, possession and injunction based on an agreement to sell dated 27 December 2000, which recited that physical possession of the land had been handed over to them. The defendants denied the execution of the agreement and the delivery of possession. …

STATE OF RAJASTHANversusJAMIL KHAN

2013 INSC 657Disposed off

The State of Rajasthan appealed against the High Court's commutation of a death sentence to life imprisonment for Jamil Khan, who was convicted of raping and murdering a girl under five years old and also convicted under IPC sections 376 and 201. The Supreme Court held that the High Court had not …

CHENDA @ CHANDA RAMversusSTATE OF CHHATISGARH

2013 INSC 572Case Partly allowed

The appellant, Chenoa (also known as Chanda Ram), was convicted under Section 302 IPC for the death of Ramgulal during a village quarrel and sentenced to life imprisonment. On appeal, the Supreme Court examined whether the killing qualified as culpable homicide not amounting to murder under …

GOVINDA BALA PATIL (D) BY LRS.versusGANPATI RAMCHANDRA NAIKWADE (D) BY LRS.

2013 INSC 499Appeal(s) allowed

The tenant filed a proceeding under s.32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking a price determination of land he claimed to have purchased. The Additional Tahsildar held the land was leased for sugarcane and dismissed the case, but the Sub‑Divisional Officer on appeal …

SONDUR GOPALversusSONDUR RAJINI

2013 INSC 465Disposed off

The wife filed a petition for judicial separation and custody under Section 10 of the Hindu Marriage Act, 1955. The husband contested the petition’s maintainability, arguing that both parties, being Swedish citizens domiciled in Australia, were outside the Act’s territorial scope. The Supreme Court …

KACHCHH JAL SANKAT NIVARAN SAMITI & ORS.versusSTATE OF GUJARAT & ANR.

2013 INSC 464Dismissed

The Kachchh Jal Sankat Nivaran Samiti filed a public‑interest writ petition challenging the Gujarat government's allocation of water from the Sardar Sarovar Project to the Kutch district, alleging violation of Articles 39(b) and 38(2) of the Constitution. The High Court dismissed the petition, …

ROHIT CHAUHANversusSURINDER SINGH & ORS.

2013 INSC 466Appeal(s) allowed

The plaintiff Rohit Chauhan sued to declare that his father's sale and release deeds alienating 104 kanals of land were void, arguing that the land was ancestral coparcenary property. The father, Guiab Singh, had received the land in a partition of his father's estate and later, after Rohit's birth …

NANA KESHAV LAGADversusSTATE OF MAHARASHTRA

2013 INSC 429Dismissed

The case arose from a land‑use dispute in Lagadwadi village where the accused assaulted the complainant (PW4) and his father with a cycle chain and stones, causing the father's death. The trial court convicted the accused under Sections 302 and 324 read with Section 34 of the Indian Penal Code, …

SWARN KAURversusGURMUKH SINGH AND ORS.

2013 INSC 432Appeal(s) allowed

Swarn Kaur, the wife of the deceased Jeet Singh, appealed against the Himachal Pradesh High Court’s acquittal of five accused who were convicted by the trial court for the death of her husband. The prosecution proved that the accused, who had taken the deceased as a cook on a pilgrimage, beat him …

V.L.S FINANCE LTD.versusUNION OF INDIA & ORS.

2013 INSC 342Dismissed

The Registrar of Companies filed a complaint alleging that V.L.S. Finance Ltd. misrepresented land holdings in its balance sheet, an offence punishable under Section 211(7) of the Companies Act, 1956. While criminal prosecution was pending, the company and its managing director applied to the …

STATE OF J & KversusLAKHWINDER KUMAR & ORS.

2013 INSC 279Appeal(s) allowed

The case concerned a BSF constable and a commandant who, after a quarrel with local youths, caused the death of a teenager. The State of Jammu & Kashmir sought to have the accused tried in a criminal court, while the BSF exercised its power under Section 80 of the Border Security Force Act to …

U.P. AVAS EVAM VIKAS PARISHAD & ORS.versusOM PRAKASH SHARMA

2013 INSC 271Appeal(s) allowed

The Uttar Pradesh Avas Evam Vikas Parishad (the Board) conducted a public auction of a plot, where Om Prakash Sharma was the highest bidder and deposited earnest money. The Housing Commissioner later rejected his bid, prompting Sharma to sue for a declaration that the auction was binding and the …

SAFI MOHD.versusSTATE OF RAJASTHAN

2013 INSC 262Dismissed

The appellant Safi Mohammad was arrested on suspicion of supplying secret information about the Indian Armed Forces to Pakistani intelligence. During a search of his railway quarter, police seized a blue diary (1982) and a hand‑drawn map (Ex.D‑3) which were deemed by the Air Force to be useful to an …

TEJINDER SINGH @ KAKAversusSTATE OF PUNJAB

2013 INSC 245Appeal(s) allowed

The Supreme Court examined a gang‑rape and murder case where an FIR dated 25‑05‑2000 led to the conviction of six accused under sections 302, 376(2)(g), 201, 404 and 506 IPC. The trial court and the Punjab‑Haryana High Court relied heavily on the testimonies of witnesses PW‑8, PW‑9 and PW‑7, the …

ASPI JAL & ANR.versusKHUSHROO RUSTOM DADYBURJOR

2013 INSC 218Appeal(s) allowed

The plaintiffs, owners of a building, filed three eviction suits against the same tenant. The first two suits (2004) sought eviction on the ground of non‑use for several years, while the third suit (2010) sought eviction on the ground of non‑use for a continuous period of at least six months …

UMESH SINGHversusSTATE OF BIHAR

2013 INSC 193Dismissed

Umesh Singh was convicted for the murder of Shailendra Kumar, who was shot with a revolver and rifle by Singh and several co‑accused. The prosecution relied on the eye‑witness testimony of the victim’s cousin (PW2) and corroborating statements of other witnesses, while the defence challenged the …

STATE OF UTTARAKHANDversusYOGENDRA NATH ARORA

2013 INSC 171Dismissed

Yogendra Nath Arora, a Deputy General Manager of a Uttar Pradesh state undertaking, was on deputation to a Uttarakhand government undertaking when he was arrested for accepting a bribe. The Uttarakhand State Government repatriated him to his parent organization and granted sanction for prosecution …

RAJESH PATELversusSTATE OF JHARKHAND

2013 INSC 167Appeal(s) allowed

The appellant, Rajesh Patel, was convicted under Section 376 of the Indian Penal Code for raping his class‑mate who was working as a nurse. The prosecution's case rested solely on the prosecutrix's testimony, allegedly corroborated by her mother, while key witnesses – a friend who claimed to have …

GAMBHIRSINH R. DEKAREversusFALGUNBHAI CHIMANBHAI PATEL AND ANR.

2013 INSC 150Appeal(s) allowed

Gambhirsinh R. Dekare, a Taluka Mamlatdar, complained that the Gujarati daily "Sandesh" published a defamatory news item alleging his illicit relationship with a doctor's wife. The complaint specifically alleged that the Editor (Falgunbhai Patel) and the Resident Editor (Navinbhai Chauhan) …

ATMARAM S/O RAYSINGH RATHODversusSTATE OF MAHARASHTRA

2013 INSC 87Appeal(s) allowed

The appellant, Atmaram, was convicted under Sections 306 and 498A of the IPC for the alleged suicide of his second wife, Purnabai, based on the presumption of abetment under Section 113A of the Evidence Act. The trial court and High Court held that the appellant had subjected the deceased to …

BALAJI GUNTHU DHULEversusSTATE OF MAHARASHTRA

2012 INSC 409Appeal(s) allowed

Balaji Gunthu Dhule was convicted under IPC sections 302 and 34 for the death of Ranga Rao during a quarrel, based primarily on the testimony of several eye‑witnesses. The High Court upheld the conviction relying chiefly on PW‑10’s testimony and the appellant’s own statement under CrPC section 313, …

PUSHPANJALI SAHUversusSTATE OF ORISSA & ANR.

2012 INSC 408Appeal(s) allowed

The case involved a matron employed at a government women’s college hostel who alleged that the hostel night‑watchman raped her. The trial court convicted the accused under Section 376 of the Indian Penal Code and sentenced him to seven years’ imprisonment; the Sessions Court affirmed this sentence. …

STATE OF U.P.versusALOK VERMA

2011 INSC 636Disposed off

The State of Uttar Pradesh appealed against the Allahabad High Court’s reduction of a death sentence to life imprisonment for Alok Verma, who brutally murdered his wife and four children with a knife and axe, aided by a hired accomplice. The trial court had imposed death based on compelling …

MD. MURTAZA & ORS.versusSTATE OF ASSAM & ORS.

2011 INSC 620

The appellants, wholesale vegetable and fruit vendors, were ordered by the Gauhati High Court to vacate the Machkhowa market in Guwahati to make way for an administrative building, and were directed to shift to a new market at Ganeshguri. They challenged the order, claiming a violation of their …

KACHCHH JAL SANKAT NIVARAN SAMITI & ORS.versusSTATE OF GUJARAT & ANR.

2011 INSC 599

The petitioners, Kachchh Jal Sankat Nivaran Samiti & Ors., filed a public interest litigation alleging that the State of Gujarat allocated an inadequate share of water from the Sardar Sarovar Dam to the drought‑prone Kachchh district. The Gujarat High Court dismissed the writ, holding that water …

C. RONALD & ANR.versusSTATE, U.T. OF ANDAMAN & NICOBAR ISLANDS

2011 INSC 565Disposed off

The appellants C. Ronald and Anil Kumar were caught with counterfeit Rs.100 notes after a gambling incident; the police seized numerous fake notes from their possession and homes. The trial court acquitted them, but the Calcutta High Court reversed the acquittal, convicted them under the provisions …

SUDARSHAN KUMARversusSTATE OF HARYANA

2011 INSC 523

The appellant, Sudarshan Kumar, was convicted under Section 306 of the Indian Penal Code for abetting the suicide of his wife, Sudesh, who could not conceive a child and was repeatedly harassed, beaten, and sent away by him. The trial court sentenced him to seven years' rigorous imprisonment, a …

STATE OF UTTARAKHAND & ANR.versusARCHANAN SHUKLA & ORS.

2011 INSC 509Appeal(s) allowed

The respondents were appointed on an ad‑hoc basis in 1988 and were regularised in 2004 under the Uttaranchal Regularisation of Ad‑Hoc Appointments (Posts under the Purview of Public Service Commission) Rules, 2002. They claimed that, for seniority purposes, their service should be counted from 1988. …

UNION OF INDIA & ANR.versusRAM SINGH THAKUR & ORS.

2011 INSC 493Appeal(s) allowed

The Supreme Court heard a civil appeal filed by the Union of India challenging a Central Administrative Tribunal order that directed the Railway Board to devise a scheme to induct employees of the Railway Employees Consumer Co‑operative Society Ltd. into regular Group ‘D’ posts, a direction that had …

INCOME TAX OFFICER, JINDversusMIS. MANGAT RAM NORATA RAM NARWANA & ANR.

2011 INSC 355Appeal(s) allowed

The Income Tax Officer appealed the acquittal of a partnership firm and its partner, Hem Raj, who were convicted under Sections 276C(i), 277 and 278 of the Income Tax Act for filing false returns. The firm had filed a revised return for AY 1988-89, which the prosecution alleged was signed and …

BHAIYAMIYAN @ JARDAR KHAN & ANR.versusSTATE OF MADHYA PRADESH

2011 INSC 349Appeal(s) allowed

The accused were charged with gang rape under IPC s.376(2)(g) after the prosecutrix alleged that she was assaulted on 30 August 1984. The FIR was lodged 60 hours later at a police station 22 km from the crime scene, and the victim insisted on a medical examination at a hospital 55 km away, where no …

BAHADUR SINGHversusSTATE OF PUNJAB

2011 INSC 332Appeal(s) allowed

The appellant, Bahadur Singh, was apprehended during a police nakabandi and a bag he was carrying yielded 10 kg of opium. The trial court acquitted him, finding the prosecution story doubtful and noting that a press note about the seizure did not mention him. The High Court reversed, holding that …

ZAHOOR & ORS.versusSTATE OF U.P.

2011 INSC 333Disposed off

The appellants Zahoor, Subrati and Babu were originally convicted of murder under Section 302 IPC and sentenced to life imprisonment. The Allahabad High Court altered the conviction to culpable homicide not amounting to murder under Section 304(1) read with Section 34, imposing a fine. On appeal, …

GURMAIL SINGHversusSTATE OF PUNJAB

2011 INSC 321Appeal(s) allowed

A family dispute arose after the daughter Nindo was teased, leading eight accused to raise a lalkara and attack members of the rival family with knives and lathis. Baljinder Singh received a deep stab wound to the abdomen, a vital organ, and died shortly thereafter; Rajwinder Singh was also injured. …

BABULAL SAHUversusSTATE OF CHHATISGARH

2011 INSC 298Dismissed

Babulal Sahu was convicted under Section 302 IPC for strangling his wife Basanti Bai after she refused his demand for sexual intercourse. The appellant argued that the killing fell within Exception 4 to Section 300 IPC, which would reduce the offence to culpable homicide not amounting to murder …

SUBHANKAR BISWASversusSANDEEP META

2011 INSC 283Appeal(s) allowed

A complaint under Section 19 of the Standards of Weights and Measures Act, 1976 alleged violations of Rules 2, 4, 6, 8, 9 and 23 of the Packaged Commodities Rules, but failed to identify the individual(s) responsible for the day‑to‑day affairs of the company. The appellant, then Deputy General …

SHINDO ALIAS SAWINDER KAUR AND ANR.versusSTATE OF PUNJAB

2011 INSC 247Appeal(s) allowed

Balbir Kaur died from severe burns allegedly after her mother‑in‑law and sister‑in‑law demanded additional dowry. Two dying declarations were recorded by an ASI and a magistrate, but the trial court rejected them as unreliable because the victim had 100% burn injuries. The High Court, relying on the …

CHANDRA BONIAversusSTATE OF ASSAM

2011 INSC 240Dismissed

The Supreme Court examined the appeal of Chandra Sonia, convicted of double murder under IPC s.302 and sentenced to life imprisonment on two counts. The prosecution's case rested on an extra‑judicial confession made by the accused to a neighbor (PW 7) on the day of the murders and on the recovery of …

SUBRAMANI @ JEEVA @ KULLAJEEVAversusS.H.O., ODIYANSALAI

2011 INSC 242Dismissed

On 4 November 1991, at a restaurant in Pondicherry, Subramani and six others attacked PW1, his brother Tamilvendhan and friends, stabbing Tamilvendhan to death. PW1 survived with injuries and identified Subramani in a test identification parade. The trial court acquitted all accused, doubting PW1's …

RANJIT SINGHversusSTATE OF PUNJAB

2011 INSC 230Appeal(s) allowed

Ranjit Singh was charged with murdering his wife Gurmail Kaur on 1 September 1990, with the prosecution alleging that he, his sisters and his grandmother participated in the killing. The evidence consisted of a post‑mortem report indicating strangulation, an electric wire found near the body, and …

STATE OF RAJASTHANversusTARA SINGH

2011 INSC 231Dismissed

Tara Singh was apprehended carrying 8 kg of opium in a gunny bag on his head. He was searched under Section 50 of the NDPS Act, samples were taken and sent to a laboratory, and he was convicted and sentenced to ten years' imprisonment and a fine. The High Court set aside the conviction on two …

SWAPAN KUMAR SENAPATIversusSTATE OF WEST BENGAL

2011 INSC 157Disposed off

The appellant, Swapan Kumar Senapati, assaulted his uncle Satkari Senapati by sitting on his chest and allegedly striking his head with a stone. The victim died three days later from intracranial hemorrhage, with no external injuries found at autopsy. The FIR was lodged three days after the …

TUKARAM & ORS.versusSTATE OF MAHARASHTRA

2011 INSC 160Disposed off

The deceased Prakash was assaulted after a marriage ceremony by members of two rival groups of the Dalit Mukti Sena. He sustained a buttock wound and later developed internal injuries, leading to his death after eighteen days of hospitalization. The trial court convicted the accused of murder …

BHOLA SINGHversusSTATE OF PUNJAB

2011 INSC 109Appeal(s) allowed

The appellant, Bhola Singh, was a co‑owner of a truck in which police discovered 16 bags of poppy husk. He had given a false residential address at the time of purchasing the vehicle, but there was no evidence that he knew the truck would be used for drug trafficking. He was convicted under Sections …

NACHHATTAR SINGH & ORS.versusSTATE OF PUNJAB

2011 INSC 95Appeal(s) allowed

Balbir Kaur, a married woman, was found dead from poisoning. The prosecution alleged that her husband and parents-in-law demanded dowry and subjected her to cruelty, leading to her suicide. The trial court convicted the parents-in-law under Section 3048 (dowry death); the High Court acquitted them …

U.P. STATE TEXTILE CORPN. LTD.versusSURESH KUMAR

2011 INSC 90Appeal(s) allowed

The appellant, U.P. State Textile Corporation Ltd., a defunct organization, had appointed the respondent, Suresh Kumar, as Deputy Manager (Export) for a fixed tenure of three years starting 7 September 1987, with a clause allowing termination on three months' notice without cause. The respondent was …

DAULAT RAM & ANR.versusCBN MANDSAUR, M.P.

2011 INSC 75Dismissed

The appellants, brothers Daulat Ram and Mangilal, cultivated opium under a licence held by their mother and failed to declare the entire yield to the Lambardar as required by Rule 13 of the NDPS Rules. During a raid, concealed opium was recovered from pits they had dug, and both accused confessed to …

ASHOK SURAJLAL ULKEversusSTATE OF MAHARASHTRA

2011 INSC 76Dismissed

The appellant, a school teacher, was convicted under Section 376 of the IPC for raping a 15‑year‑old girl. The FIR was lodged three days after the alleged incident, and the medical examination, conducted after three days, did not conclusively prove rape, though it noted a minor finger injury and a …

SUKHBIR SINGH AND ANR.versusSTATE OF PUNJAB

2011 INSC 78Appeal(s) allowed

The case arose from a dispute over school land in Punjab where the village sarpanch, Jaswant Singh, was shot dead. The FIR described the killers as two Sikh youths aged 25‑30 wearing kurta pajamas, but no names were given. The two accused, Sukhbir Singh and Dilbagh Singh, were arrested six months …

AMAR BAHADUR SINGHversusSTATE OF U.P.

2011 INSC 69Appeal(s) allowed

The appellant was accused of raping his daughter-in-law in the family home on 2 April 1989, an incident allegedly witnessed by several family members and resulting in the victim's bleeding. The trial court convicted him under Section 376 of the Indian Penal Code and sentenced him to seven years' …

STATE OF MADHYA PRADESHversusVISHWESHWAR KOL

2011 INSC 56Appeal(s) allowed

Vishweshwar K. Kol was accused of pouring kerosene on his second wife and four daughters, resulting in their deaths. The eldest daughter, Jyoti, gave a dying declaration to the police after a doctor certified her fitness to testify. The trial court convicted Kol under Section 302 IPC and sentenced …

S.K. JHA COMMODREversusSTATE OF KERALA AND ANOTHER

2011 INSC 28Dismissed

Three Naval Officers were arrested for offences under the Indian Penal Code and were remanded to judicial custody. The Commanding Officer of their naval unit applied to the magistrate for the accused to be handed over for trial under the Navy Act, 1957 (court‑martial). The magistrate rejected the …

KAMLESHWAR PASWANversusSTATE OF U.T. CHANDIGARH

2011 INSC 32Dismissed

Kamleshwar Paswan was convicted for the murder of his two young sons and the attempted murder of a third child after a neighbour witnessed him beating the children with a wooden stick. The trial court sentenced him to death under Sections 302 and 307 of the Indian Penal Code, a sentence confirmed by …

RANBIR SINGHversusTHE EXECUTIVE ENGINEER

2011 INSC 4Appeal(s) allowed

The appellant, a daily‑wage workman, was terminated in 1999 after being implicated in a criminal case, later acquitted, and filed an industrial dispute alleging violation of Section 25(f) of the Industrial Disputes Act, 1947. The Labour Court ordered his reinstatement with 50% back wages. The State …

STATE OF ANDHRA PRADESHversusVISWANADULA CHETTI BABU ETC.

2010 INSC 895Dismissed

The State of Andhra Pradesh appealed against the High Court's decision upholding the conviction of Viswanadula Chettri Babu and others under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The central issue was whether an investigation conducted by an Assistant …

STATE OF A. P.versusM. SOHAN BABU & ANR.

2010 INSC 874Appeal(s) allowed

The accused entered a residential house at midnight armed with knives, intending to commit robbery. When confronted by the deceased, a scuffle ensued; A2 stabbed the deceased in the abdomen and a witness, while A1 also stabbed the deceased and threatened other occupants. The deceased died on the way …

BALASAHEB @ RAMESH LAXMAN DESHMUKHversusSTATE OF MAHARASHTRA & ANR.

2010 INSC 854Dismissed

The appellant was recorded as a witness under Section 161 of the CrPC in a police case concerning an assault, and later named as an accused in a separate complaint case arising from the same incident. He sought to invoke Article 20(3) of the Constitution to refuse to give testimony in the police …

STATE OF ANDHRA PRADESHversusTHUMMALA ANJANEYULU

2010 INSC 819Appeal(s) allowed

The State of Andhra Pradesh appealed the acquittal of Thummala Anjaneyulu, who was charged with murdering Bhoomaiah during a village Panchayat after being provoked for allegedly ogling women. The trial court had convicted him under Section 302 IPC, but the High Court set him free, doubting the …

CENTRAL BUREAU OF NARCOTICSversusBAHADUR SINGH

2010 INSC 813Dismissed

The Central Bureau of Narcotics alleged that Bahadur Singh, a servant in a dhaba, was found with a key that opened a locked box containing 17.45 kg of opium. The trial court convicted him under Sections 8 and 18 of the NDPS Act, but the Rajasthan High Court acquitted him, holding that there were no …

DATTAversusSTATE OF MAHARASHTRA

2010 INSC 814Dismissed

The appellant was charged under Section 376 of the Indian Penal Code for raping a girl aged 10‑12 years. The trial court acquitted him due to lack of medical proof, but the High Court set aside the acquittal, finding the victim’s and her mother’s statements credible and interpreting the medical …

SANGHARAJ BHOGAPPA KAMBLEversusSTATE OF MAHARASHTRA

2010 INSC 739Dismissed

On 5 November 1988, the deceased, a neighbour, was persuaded by the accused and his friend to join them for drinks. After consuming alcohol, the accused got into a quarrel with his father, slapped him, and was subsequently rebuked by the deceased who intervened. In a sudden fit of anger, the accused …

MOHD. USMAN MOHD. ISLAM SHAIKH & ORS.versusSTATE OF MAHARASHTRA

2010 INSC 741Dismissed

Four members of a family – the husband, his mother and two sisters – were charged with murdering the husband’s wife, who could not bear children. The prosecution relied on three independent eyewitnesses who testified to a prolonged quarrel and the beating of the victim, as well as medical testimony …

RAMESHversusSTATE OF HARYANA

2010 INSC 717Dismissed

The case arose from a violent clash over disputed land in Jind, where several accused, armed with pistols, lathis and other weapons, assembled and attacked a group of persons, resulting in the death of Krishan and injuries to others. The trial court convicted the appellants under Sections 302, 307, …

SACHIDANAND THAKURversusUNION OF INDIA & ORS.

2010 INSC 706Dismissed

The appellant, an Indian Army soldier, fired three shots at a member of a Quick Reaction Team during a night security duty after a stone‑throwing incident, killing Naik Jityu Yadav at a distance of 8‑10 feet. Despite being warned by a fellow sentry not to fire, he shot the victim and, when …

RAM KRISHNA SINGH & ORS.versusTHAKURJI SHIVJI

2010 INSC 682Dismissed

The case concerned a suit for eviction and recovery of arrears of rent under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. An ex‑parte decree against the original tenant was set aside after the court found that summons had not been served, and the tenants …

BRUNDABAN MOHARANA & ANR.versusTHE STATE OF ORISSA

2010 INSC 653Appeal(s) allowed

The appellants, the in‑laws of Amani Moharana, were convicted by the trial court for murder based on two dying declarations of the deceased, one recorded by a doctor (PW‑8) and another by a police officer (PW‑9) under Section 161 of the CrPC. The High Court discarded the doctor’s declaration as a …

RAM NARESHversusSTATE OF U.P.

2010 INSC 595Dismissed

In 1978, appellant Ram Naresh shot at Ram Vilas, injuring him; the FIR was lodged the next morning at a police station 9 km away. The trial court and the Allahabad High Court convicted the appellant under Section 307 IPC and sentenced him to five years' rigorous imprisonment. On appeal, the Supreme …

SHIVANNAversusSTATE BY HUNSUR TOWN POLICE

2010 INSC 526Appeal(s) allowed

The appellant, a truck driver, was charged with causing death and injuries when his stone‑laden truck overturned on a state highway, leading to convictions under IPC sections 304‑A, 279, 337 and 338. The prosecution relied primarily on the testimony of three injured witnesses who were in the …

STATE NCT OF DELHIversusAJIT SETH @ AJJI

2010 INSC 520Dismissed

The appellant Ajit Seth was convicted for the brutal burning to death of two children, aged three and seven, and sentenced to death under IPC 302 and to ten years' rigorous imprisonment under IPC 364. The High Court commuted the death sentence to life imprisonment, directing that the appellant not …

RESERVE BANK OF INDIAversusGM, COOPE. BANK DEPOSIT AJC HR. SHA & ORS.

2010 INSC 505Appeal(s) allowed

The Reserve Bank of India appealed against two orders of the Gujarat High Court that, in a bail application under Section 439 of the CrPC, directed a cooperative bank to repay deposits of poor depositors (those with balances up to Rs 10,000) from funds recovered from accused persons. The bail had …

JABAR SINGHversusSTATE OF M.P.

2010 INSC 508Appeal(s) allowed

Jabar Singh shot Sarnam Singh on 13 November 1984, inflicting a wound that was not fatal. The victim died fourteen days later from peritonitis, which the medical experts attributed to inadequate medical care rather than the gunshot injury. The trial court acquitted the accused due to identification …

RAKESH CHAND & ANR.versusSTATE OF PUNJAB

2010 INSC 503Appeal(s) allowed

Neelam Kumari married Anil Kumar in 1998 and later demanded additional dowry amounts, first Rs.20,000 in 2000 and subsequently Rs.50,000 in 2003. The latter demand was made solely by the husband shortly before Neelam's death, and the parents‑in‑law (Rakesh Chand and Pushpa Devi) were accused of …

STATE OF KARNATAKAversusDONDUSA NAMASA BADDI

2010 INSC 480Dismissed

The appeal arose from a search and seizure conducted on 3 September 1987, where the investigating officer failed to record the information received in writing and did not forward a copy to his immediate superior as required by Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, …

STATE OF U.P.versusSIYA RAM & ANR.

2010 INSC 482Case Partly allowed

The case concerned three accused charged with an offence under Section 307 read with Section 34 of the Indian Penal Code. The trial court acquitted one accused and convicted the other two. On appeal, the Allahabad High Court acquitted Siyaram on the ground that his shot did not cause injury and …

JAYANTA SILversusSTATE OF ASSAM

2010 INSC 475Dismissed

The appellant, Jayanta Sil, was alleged to have murdered Kandarpa with a sharp cutting weapon while returning from a feast. The prosecution relied on the testimony of six eyewitnesses, including the deceased's wife (PW1) and two other eye‑witnesses (PW5, PW6), as well as corroborative statements …

MUKESHBHAI GOPALBHAI BAROTversusSTATE OF GUJARAT

2010 INSC 477Appeal(s) allowed

The appellant, a lawyer, was charged with murdering a married Scheduled Caste mid‑wife by setting her on fire after an alleged attempted rape. Three dying declarations were recorded: two (to a magistrate and to police) stated the burns were accidental, while a third (by the husband) alleged …

HARI SINGHversusSTATE OF M. P.

2010 INSC 473Dismissed

Hari Singh was convicted for the murder of Ashok Kumar on 22 May 1989, based on the testimony of two eye‑witnesses who saw the shooting at a village well. The FIR was lodged within two hours of the incident. The appellant challenged the conviction on grounds of the long lapse (8‑9 years) before the …

RAVINDRA TUKARAM HIWALEversusSTATE OF MAHARASHTRA

2010 INSC 463Appeal(s) allowed

The appellant, Ravindra Tukaram Hiwale, was convicted for abetment of suicide under IPC s.306 and cruelty under s.498‑A after his wife Alka died by self‑immolation following a domestic quarrel. The trial court sentenced him to four years for s.306 and one year for s.498‑A. The State appealed, and …

MAYANDIversusSTATE REP.BY INSP.OF POLICE

2010 INSC 442Appeal(s) allowed

The appellant, a kitchen employee of a hotel, attacked the managing director with a concealed sickle, inflicting multiple injuries. The victim, a known heart patient who had undergone angioplasty, died the following day; medical evidence attributed death to myocardial infarction and not to the …

BIRAPPA & ANR.versusSTATE OF KARNATAKA

2010 INSC 445Appeal(s) allowed

The case involved three accused—Birappa (A‑1), Kareppa (A‑2) and Muttappa (A‑3)—charged with the murder of Gulappa. The trial court convicted Birappa based primarily on the testimony of a single eyewitness, PW‑1, the brother of the deceased, while acquitting the other two. On appeal, the High Court …

BEERE GOWDAversusSTATE OF KARNATAKA

2010 INSC 446Dismissed

The appellant, Beere Gowda, was charged with murdering his two‑and‑a‑half‑year‑old daughter Pallavi by forcibly administering a mixture of nitric and sulphuric acid, obtained from a goldsmith, while his second wife Indramma was a co‑accused. The Sessions Court acquitted both, holding that the child …

DEO NARAINversusSTATE OF U.P.

2010 INSC 447Appeal(s) allowed

Six persons were tried and convicted for the double murder of Ram Swarup and Ram Pratap Singh under Section 302 read with Section 149 of the IPC. While the appeal was pending, four of the accused died, and the High Court dismissed the appeal of the two survivors, Shiv Singh and Deo Narain. Deo …

ARUMUGAMversusTHE STATE REPRESENTED BY ITS INSPECTOR OF POLICE

2010 INSC 450Dismissed

The appellant, Arumugam, murdered his step‑mother Saroja by strangling her with a rope. He made an extra‑judicial confession first to his step‑sister and shortly thereafter to the Village Administrative Officer, who recorded the statement and handed him over to police. The rope was recovered, and …

LOUIS PETER SURINversusSTATE OF JHARKHAND

2010 INSC 434Appeal(s) allowed

An FIR was lodged in April 1984 under the Prevention of Corruption Act and the Indian Penal Code alleging that the appellant, then Managing Director of a district agency, conspired with a Deputy Commissioner to award a contract to a private firm. The State Government denied sanction for prosecution …

NATIONAL COMMISSION OF WOMENversusSTATE OF DELHI & ANR.

2010 INSC 423Dismissed

The case arose from the suicide of a 21‑year‑old woman, Sunita, who alleged that the accused, Amit, had exploited her sexually after promising marriage and threatening to expose her. The trial court convicted Amit under IPC s.306 (abetment of suicide) and s.376 (rape), sentencing him to life …

M/S. KANCHANGANGA SEA FOODS LTD.versusCOMMISSIONER OF INCOME TAX

2010 INSC 369

Mis. Kanchanganga Sea Foods Ltd., an Indian exporter of seafood, chartered fishing vessels from a Hong Kong company and agreed to pay the charter fee as 85% of the gross earnings from fish sales. The catch was brought to Chennai, valued, and customs duties were paid before the non‑resident company …

NEETI MALVIYAversusRAKESH MALVIYA

2010 INSC 318Hearing Adjourned

The petitioner, Neeti Malviya, sought to transfer a divorce petition from the Family Court in Bangalore to the Family Court in Hoshangabad. The parties had reached a settlement in Supreme Court Lok Adalat, agreeing that the husband would pay Rs. 65 lakh and that a joint application for divorce by …

AMARJIT SINGH & ORS.versusSTATE OF PUNJAB

2010 INSC 254Appeal(s) allowed

Amarjit Singh and co‑accused were convicted by a trial court for offences under Sections 306 and 498A of the IPC, read with Section 34, and sentenced to imprisonment. They appealed to the Punjab & Haryana High Court, where the single judge dismissed the appeal, stating there was no reason to …

BAIJ NATH SAHversusSTATE OF BIHAR

2010 INSC 255Appeal(s) allowed

Four accused, including Baij Nath Sah, were tried for kidnapping a minor under Sec. 366-A IPC. The trial court convicted them, and the High Court reduced the charge to Sec. 363 and lessened the sentence. On special leave, the Supreme Court examined the sole evidence against Baij Nath Sah—a statement …

VIJENDER KUMAR @ VIJAYversusSTATE OF DELHI

2010 INSC 250Dismissed

Vijender Kumar, son of a bus operator, suspected his helper Yogesh of stealing part of the bus fare. After a personal search recovered Rs 100, Kumar became angry, beat Yogesh and then retrieved a knife from a nearby scooter to stab him in the abdomen, causing Yogesh's death. He was convicted under …

UTTAM CHAKRABORTYversusSTATE OF ASSAM

2010 INSC 198Appeal(s) allowed

An eight‑month‑pregnant woman was found dead with severe abdominal injuries and the foetus removed. The husband, Mission Suklabaidhya, and his friend, Uttam Chakraborty, were convicted of murder; the husband received the death penalty and the friend life imprisonment. Both appealed to the Supreme …

AKLOO AHIRversusSTATE OF BIHAR

2010 INSC 143Dismissed

In 1981, Kishore Bhagat was shot dead after a series of altercations involving several accused. Akaloo Ahir, the appellant, fired a shot that missed the victim, while another co-accused fired the fatal shot. All were charged under Sections 302, 307 and 34 of the IPC and Section 27 of the Arms Act. …