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201 judgments · newest first · showing 1–200

HARDEEP SINGHversusSTATE OF PUNJAB & ORS.

2008 INSC 1271Matter referred to larger bench

The case arose from a violent incident in Patiala where several persons were charged under the IPC and Arms Act. Two of the accused, Vijay Preet Singh and Jagtar Singh, were initially discharged based on a police inquiry report that they were falsely implicated. During trial, prosecution witnesses …

ESSCO FABS PVT. LTD. & ANR.versusSTATE OF HARYANA & ANR.

2008 INSC 1273Disposed off

The State of Haryana re‑issued a preliminary notification under the Land Acquisition Act, 1894 in 2001 for a link‑road and invoked the urgency clause of Section 17, dispensing with the inquiry and hearing of objections under Section 5A before issuing a final notification under Section 6. Essco Fabs …

KENDRIYA KARAMCHARI SEHKARI GREH NIRMAN SAMITI LTD., NOIDAversusSTATE OF U.P.& ANR.

2008 INSC 1274Case Partly allowed

The Uttar Pradesh government acquired land for the New Okhla Industrial Development Authority and awarded compensation under the Land Acquisition Act. Many landowners obtained enhanced compensation through a Reference Court under Section 18, but the Samiti, which could not make a reference, filed an …

SACHIDA NAND LAL @ SACHIDA NAND SHAHversusSTATE OF BIHAR, (NOW JHARKHAND)

2008 INSC 1275Appeal(s) allowed

The appellant, Sachioa Nano Lal (also known as Sachioa Nano Shah), challenged the compensation awarded in a land acquisition proceeding under the Land Acquisition Act, 1894. After a reference court fixed compensation, the appellant obtained a partial enhancement of the 'ka' category land from a …

KANPUR ELECTRICITY SUPPLY CO. LTD.versusSHAMIM MIRZA

2008 INSC 1277Case Partly allowed

Kanpur Electricity Supply Co. Ltd. (appellant) terminated the services of two cashiers, Shamim Mirza and Manoj Srivastava, alleging they were employees of a contractor. The workmen claimed they were regular employees of the company and sought reinstatement with back wages under Sections 6N, 6P and …

T. VENKATESWARULUversusEXECUTIVE OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS & ORS.

2008 INSC 1278Dismissed

The appellant, a Draughtsman Grade‑I appointed in 1977, obtained a BE degree in 1983 and sought promotion to Assistant Executive Engineer on the same basis as graduate Supervisors, who were eligible for promotion under Government Orders of 1978 and 1981. The High Court Single Judge directed …

UNION OF INDIA & ORS.versusRAJPAL SINGH

2008 INSC 1279Dismissed

The case concerned a Junior Commissioned Officer (JCO) who, after being placed in a permanent low medical category, was discharged from the Indian Army without the recommendation of an Invalidating Board. The respondent argued that under Army Rule 13(3)(i)(ii) a discharge on the ground of being …

SUMAN KAPURversusSUDHIR KAPUR

2008 INSC 1281Disposed off

The husband filed a petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging mental cruelty and desertion, which the trial court upheld on the ground of mental cruelty and the High Court confirmed. The wife appealed, contending that the alleged acts did not …

M/S COMED CHEMICALS LTD.versusC.N. RAMCHAND

2008 INSC 1255Appeal(s) allowed

M/s Com Ed Chemicals Ltd entered into a Memorandum of Understanding with Dr. C.N. Ramchand, appointing him as Director (Technical) of a subsidiary and granting him equity, salary and other benefits. The respondent resigned, the company rejected his resignation and invoked the arbitration clause in …

MANJUNATH GANESH HEGDE & ORS.versusSTATE OF KARNATAKA

2008 INSC 1246Appeal(s) allowed

The appellants were charged with offences under Sections 341, 324, 326, 504, 506 read with Section 34 of the IPC for an assault that injured three witnesses. The trial court acquitted them, finding the prosecution evidence insufficient. The High Court, acting as the first appellate court, partially …

DHARAM CHANDversusSTATE OF PUNJAB & ORS.

2008 INSC 1247Case Partly allowed

The appellant, brother of the deceased Anju Devi, challenged the High Court's order that acquitted three accused who lived separately and released the husband on the ground that he had already served his sentence. The Supreme Court upheld the acquittal of the three accused, finding that the evidence …

TRIDIP KUMAR DINGAL & ORS.versusSTATE OF WEST BENGAL & ORS.

2008 INSC 1236Case Partly allowed

The State of West Bengal conducted a recruitment for Medical Technologists by first holding a written examination as a screening test and then empaneling candidates solely on the basis of marks obtained in an oral interview. Unsuccessful candidates challenged this procedure, arguing that the written …

DADANversusSTATE OF MADHYA PRADESH THROUGH SHO, PS SATNA (M.P.)

2008 INSC 1239Dismissed

The appellant Dadan was convicted along with four others for murder, grievous hurt and rioting under Sections 302, 326 and 148 read with 149 of the Indian Penal Code, based on the testimony of four close relatives of the deceased. The High Court acquitted one co‑accused but upheld Dadan's …

RAJESH BURMANNversusMITUL CHATTERJEE (BURMAN)

2008 INSC 1240Dismissed

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical …

STATE OF ANDHRA PRADESHversusM. MADHUSUDHAN RAO

2008 INSC 1219Dismissed

The State of Andhra Pradesh appealed the acquittal of M. Madhusudhan Rao, who was charged under Section 498A IPC for allegedly harassing his wife and forcing her to consume poison to extract an additional dowry of Rs 50,000. The trial court had convicted him, but the High Court set aside the …

STATE OF MAHARASHTRAversusAHMED SHAIKH BABAJAN & ORS.

2008 INSC 1220Dismissed

The State of Maharashtra appealed against the High Court’s order acquitting Ahmed Shaikh Babajan and four co‑accused of murder (Sec. 302 r/w Sec. 34 IPC) and house‑breaking (Sec. 456 r/w Sec. 109 IPC). The facts involved a dispute over possession of a flat, the alleged assault and death of the …

M/S. HANU MOTEL PVT. LTD. & ORS .versusU.P. FINANCIAL CORPORATION LTD. & ANR.

2008 INSC 1221Appeal(s) allowed

M/s Hanu Motel Pvt. Ltd. entered into a loan agreement with U.P. Financial Corporation which was later cancelled and a demand notice issued. The company filed a suit in 2001, naming itself and its director Ram Raj Singh as plaintiffs, and obtained an interim injunction. During the appeal, the …

SOMONversusSTATE OF KERALA

2008 INSC 1222Case Partly allowed

Six armed men formed an unlawful assembly with the common object of killing Balan. They inflicted multiple injuries on his arms and legs, and he later died. The trial court convicted accused No.1 (the appellant) and others under Section 302 read with Section 34 IPC, along with other offences. The …

VIJI & ANR.versusSTATE OF KARNATAKA

2008 INSC 1182Case Partly allowed

The deceased John Peter was attacked on a footpath by a group of seven accused. The trial court convicted all of them for offences including murder under s.302 read with s.149 IPC. The High Court acquitted accused Nos.2‑6 and modified the conviction of accused Nos.1 and 7 to s.302 read with s.34 …

NOHARLAL VERMAversusDISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, JAGDALPUR

2008 INSC 1183Dismissed

Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on …

ISHWAR SINGHversusSTATE OF MADHYA PRADESH

2008 INSC 1169Case Partly allowed

Ishwar Singh was convicted under Section 307 read with Section 34 of the IPC for assaulting Devi Singh and was sentenced to three years' rigorous imprisonment and a fine. The conviction and sentence were upheld by the High Court. While the appeal was pending before the Supreme Court, the accused and …

THE SECRETARY, DEPARTMENT OF HORTICULTURE, CHANDIGARH & ANR.versusRAGHU RAJ

2008 INSC 1170Appeal(s) allowed

The Secretary, Department of Horticulture, Chandigarh filed a second appeal under Section 100 of the CPC against a decree reinstating workman Raghu Raj, which had been admitted in 1980 and remained pending for decades. In 2006 the Punjab and Haryana High Court dismissed the appeal on its merits …

M/S. SETHI AUTO SERVICE STATION AND ANR.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

2008 INSC 1171Dismissed

The appellants, owners of two petrol pumps at Mahipalpur, claimed that the Delhi Development Authority (DDA) had a duty to relocate their outlets after a flyover project made the sites commercially unviable. The DDA’s Technical Committee and later the Screening Committee had initially recommended …

MAHADEV PRASAD KAUSHIKversusSTATE OF U.P. & ANR.

2008 INSC 1172

The appellant, a medical practitioner, was accused of causing the death of a patient, Buddha Ram, after administering three injections, and of threatening the complainant to withdraw the case. The trial magistrate issued summons under IPC sections 304, 504 and 506, which the High Court upheld. The …

C.R. PATILversusSTATE OF GUJARAT & ORS.

2008 INSC 1123Case Partly allowed

The appellant, a director of a construction firm, had obtained a large loan from a bank that later went into liquidation. The bank filed a liquidation suit and criminal proceedings for default. The appellant was granted temporary bail with conditions, but the High Court later vacated the bail and …

BABLOO PASIversusSTATE OF JHARKHAND & ANR.

2008 INSC 1124Appeal(s) allowed

Rajesh Mahatha was arrested for offences under Sections 304B and 306 of the IPC and claimed to be a juvenile, seeking protection under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice Board, after obtaining a medical board opinion that his age was between 17‑18 …

UNION OF INDIAversusPADAM NARAIN AGGARWAL ETC

2008 INSC 1125Case Partly allowed

The Union of India initiated customs proceedings against Padam Narain Agarwal and others for alleged export fraud, issuing summons under Section 108 of the Customs Act to record their statements. The respondents, refusing to cooperate, were later charged with offences under Sections 174 and 175 of …

DURGESH SHARMAversusJAYSHREE

2008 INSC 1096Disposed off

The husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Ujjain. The wife applied to the Madhya Pradesh High Court under Section 23 of the Code of Civil Procedure (CPC) to have the case transferred to a court in Malegaon, Maharashtra, and the High Court ordered the …

PRABHA MATHUR & ANR.versusPRAMOD AGGARWAL & ORS.

2008 INSC 1097Disposed off

The complainants, Prabha Mathur & Anr., alleged that the respondents, Pramod Aggarwal & Ors., cheated them in a property sale and filed a criminal complaint under IPC sections 420, 467, 468, 471, 34 and 1208. The trial court dismissed the complaint as a civil matter, a decision affirmed by the …

PRAMOD KUMAR SAXENAversusUNION OF !NOIA & ORS.

2008 INSC 1061Case Partly allowed

Pramod Kumar Saxena, an under‑trial prisoner detained since August 1998 for alleged fraud and other offences in 48 cases across six states, filed a writ petition under Article 32 seeking release on bail, arguing that his prolonged detention violated his fundamental rights. The State argued that the …

DHIRENDRA PANDUAversusSTATE OF ORISSA AND ORS.

2008 INSC 1062Dismissed

The appellant, Dhirendra Pandua, was elected as a municipal councillor and chairperson in Orissa, but a fellow councillor filed an election petition under section 38 of the Orissa Municipality Act, 1950 alleging that Pandua was a leprosy patient and therefore disqualified under sections 16(1)(iv) …

STATE OF MAHARASHTRAversusSUJAY MANGESH POYAREKAR

2008 INSC 1065Appeal(s) allowed

The trial court acquitted Sujay Mangesh Poyarekar of offences under Sections 307 and 504 IPC, holding that the prosecution failed to prove the case beyond reasonable doubt. The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure for leave to appeal the …

UNION OF INDIA & ORS.versusDEO NARAIN & ORS.

2008 INSC 1036Appeal(s) allowed

The respondents, originally appointed as Lower Division Clerks (LDCs), voluntarily transferred on compassionate grounds to another collectorate in 1992 and were placed at the bottom of the seniority list as per the Government of India's May 20, 1980 policy. Because of this low seniority they were …

VEERU DEVGANversusSTATE OF TAMIL NADU & ANR.

2008 INSC 1031Appeal(s) allowed

Veeru Devgan, a film producer, obtained permission to shoot a film in a reserve forest in Ooty and entered into an agreement with the District Forest Officer. The State later cancelled the licence alleging damage to grasslands, but the High Court set aside the cancellation, finding no breach or …

SHAMSHAD AHMAD & ORS.versusTILAK RAJ BAJAJ (DECEASED) THROUGH LRS. & ORS.

2008 INSC 1032Appeal(s) allowed

The landlords, owners of a shop in Dehradun, sought eviction of the tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to run a readymade garment business by the retired husband Matloob Ahmad and …

U.P. POWER CORPORATION LTD.versusAYODHYA PRASAD MISHRA AND ANR.

2008 INSC 1033Dismissed

The writ petitioners, Ayodhya Prasad Mishra and another, were Executive Engineers who, after scoring the highest marks, were placed in Category I under the Uttar Pradesh State Electricity Board Service of Engineers Regulations, 1970, and sought promotion to Superintending Engineer. The Corporation …

SOORARAM PRATAP REDDY & ORS.versusDISTRICT COLLECTOR, RANGA REDDY DISTT. & ORS.

2008 INSC 1017Dismissed

The Government of Andhra Pradesh acquired a large tract of land in Hyderabad for an integrated infrastructure project, the Financial District, to be implemented by the state nodal agency APllC in partnership with a private company, Emaar. Small landowners challenged the acquisition, alleging it was …

FAKHRUDDIN AHMADversusSTATE OF UTTARANCHAL AND ANR.

2008 INSC 1018Disposed off

The appellant, a poultry farmer, was accused by a complainant of forging a cheque and was charged under IPC sections 420, 467, 468 and 471. The complainant claimed the cheque was a blank cheque misplaced by a third party, while the appellant alleged the cheque was fraudulently used. The Judicial …

BHOLU RAMversusSTATE OF PUNJAB & ANR.

2008 INSC 999Appeal(s) allowed

The appellant, Bholu Ram, a clerk in a government school, was charged with forgery and cheating under IPC sections 409, 420, 467, 468 and 471. During trial he applied under CrPC s.319 to add the headmaster, Sher Singh, as an accused and the magistrate issued summons. The headmaster sought to recall …

GENERAL INSTRUMENTS COMPANYversusUNION OF INDIA & ORS.

2008 INSC 967Case Partly allowed

The appellant, a partnership firm, was awarded a government contract and obtained a Special Imprest Licence (SIL) to import raw materials duty‑free, subject to a bond and an export obligation. After fulfilling the export obligation, the licensing authority issued a forfeiture order, enforced a bond …

MD. ABDUL SUFAN LASKAR AND ORS.versusSTATE OF ASSAM

2008 INSC 968Appeal(s) allowed

The appellants were convicted under Sections 147 and 324 of the IPC for attacking Abdul Haque Laskar with deadly weapons in 1995. After the convictions, the parties entered into an amicable settlement and sought to compound the offences. The issue before the Supreme Court was whether the offence …

GENERAL MANAGER, STATE BANK OF INDIA & ORS.versusANJU JAIN

2008 INSC 970Appeal(s) allowed

The widow of a State Bank of India employee applied for a compassionate appointment after her husband, who had been found guilty of gross misconduct and punished, died in service. The bank rejected her claim, citing a clause in its compassionate appointment scheme that excludes dependents of …

KSL & INDUSTRIES LTD.versusMIS ARIHANT THREADS LTD. & ORS.

2008 INSC 973Disposed off

The Industrial Development Bank of India obtained a recovery order against M/s Arihant Threads Ltd. under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB Act), leading to an auction of the company's assets which was won by KSL & Industries Ltd. The company later invoked …

ABDUL GAFUR AND ANR.versusSTATE OF UTTARAKHAND AND ORS.

2008 INSC 921Appeal(s) allowed

The State of Uttarakhand acquired land for a public road to a hospital under the Land Acquisition Act, 1894. The original owner later gifted part of the land to the appellants, who sued the hospital for a perpetual injunction to prevent it from erecting walls that would block the road. The trial …

NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU

2008 INSC 920Case Allowed

The case concerned an application by the father, Abhijit Kundu, for custody of his six‑year‑old son Antariksh, while the child was in the care of his maternal grandparents who had lodged an FIR against the father under Sections 498A and 304 IPC for the alleged murder of the mother. The trial court …

MAHARAJ KRISHAN BHATT AND ANR.versusSTATE OF J & K AND ORS.

2008 INSC 889Appeal(s) allowed

The appellants, constables in the Jammu & Kashmir Police, sought appointment as Sub‑Inspectors under the 50% direct recruitment quota by invoking Regulation 174 of the Police Manual. One constable, Abdul Rashid Rather, had earlier obtained such appointment through a Single Judge’s order, which was …

EASTERN COALFIELDS LTD.versusDUGAL KUMAR

2008 INSC 870Case Partly allowed

Eastern Coalfields Ltd. purchased 1.26 acres of land from Dugal Kumar and, under its policy, offered 1008 metric tons (MT) of coal, which the petitioner accepted and was released. After a ten‑year delay, the petitioner filed a writ petition seeking an additional 1008 MT of coal; the Calcutta High …

SHAIL KUMARI DEVI & ANR.versusKRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK

2008 INSC 871Case Partly allowed

Shail Kumari Devi and her minor daughter filed a Section 125 CrPC maintenance suit against Krishan Bhagwan Pathak in 1997, seeking Rs.500 each per month. The Family Court later ordered maintenance of Rs.2,000 and Rs.1,000 respectively, payable from the date of application (July 21, 1997). The High …

REGIONAL MANAGER, CENTRAL BANK OF INDIAversusMADHULIKA GURUPRASAD DAHIR AND ORS.

2008 INSC 867Case Allowed

The employee was appointed in 1981 to a post reserved for Scheduled Tribes on the basis of a caste certificate that was later found to be false. The Government‑issued directive of 1990 required public‑sector banks to verify such certificates, leading to the employee’s case being referred to a …

PATEL RAJNIKANT DHULABHAI & ANR.versusPATEL CHANDRAKANT DHULABHAI & ORS

2008 INSC 847Disposed off

The petitioners alleged that the respondents, who were parties to a family property dispute, sold and transferred portions of the disputed land and allowed construction despite two interim orders of this Court dated 26‑April‑2004 and 10‑January‑2005 that prohibited any creation of third‑party …

RAJINDER SINGHversusSTATE OF JAMMU AND KASHMIR AND ORS.

2008 INSC 808Case Allowed

Makhan Singh, a displaced person, was allotted agricultural land in Jammu & Kashmir under Government Order No. 254 of 1965 and his ownership was entered in the Jamabandi of 1966‑67. After his death in 1981, the Tehsildar mutated the entry in favour of his two sons, Rajinder Singh and Daljit Singh. …

SHIVANAND GAURISHANKAR BASWANTIversusLAXMI VISHNU TEXTILE MILLS & ORS.

2008 INSC 809Dismissed

The appellant, a workman of Laxmi Vishnu Textile Mills, challenged a tripartite settlement and the sale of the mill’s assets to a purchaser, alleging that the settlement was illegal, that the sale violated a BIFR order under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and …

RAJASTHAN LALIT KALA ACADEMYversusRADHEY SHYAM

2008 INSC 810Case Partly allowed

The respondent, Radhey Shyam, was employed as a junior clerk by Rajasthan Lalit Kala Academy and was terminated in 1981 without complying with the notice and compensation requirements of Section 25‑F of the Industrial Disputes Act. He raised an industrial dispute; the Labour Court ordered his …

M/S. DEEPAK AGRO FOODSversusSTATE OF RAJASTHAN AND ORS.

2008 INSC 817Dismissed

M/s Deepak Agro Foods, a dealer under the Rajasthan Sales Tax Act, challenged assessment orders for the years 1995-96 and 1996-97 on the ground that they were anti‑dated, passed after the limitation period and were therefore null and void. The Rajasthan High Court set aside those orders and remanded …

KURIACHAN CHACKO & ORS.versusSTATE OF KERALA

2008 INSC 795Dismissed

The appellants, partners of a firm selling lotteries and magazines, floated a scheme promising investors a double return after the enrolment of 14 additional members. The police charged them under the Prize Chits & Money Circulation Scheme (Banning) Act, 1978 (sections 2(c), 3, 4, 5), the Reserve …

BACHAN SINGHversusUNION OF INDIA & ORS.

2008 INSC 801Dismissed

Bachan Singh, a Sepoy of the Indian Army, was tried by a General Court Martial (GCM) under the Army Act, 1950 for allegedly crossing the international border into Pakistan. The GCM found him guilty of an offence under Section 63, sentenced him to two years' imprisonment and dismissed him from …

DEEP CHANDRA JUNEJAversusSMT. LAJWANTI KATHURIA (DEAD) THROUGH LRS.

2008 INSC 802Dismissed

The appellant, Deep Chandra Juneja, occupied the ground floor of a house in Kanpur owned by Smt. Lajwanti Kathuria since 1972. The landlady filed a second release application under Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide …

ATMA LINGA REDDY AND ORS.versusUNION OF INDIA

2008 INSC 805Dismissed

The petitioners, residents of Andhra Pradesh, filed a public interest litigation under Article 32 seeking to restrain Karnataka and a private company from constructing a Mini Hydro Power Project at the Rajolibanda Diversion Scheme, alleging water deprivation for drinking and irrigation. The …

K.D. SHARMAversusSTEEL AUTHORITY OF INDIA LTD. & ORS.

2008 INSC 786Dismissed

The Supreme Court examined a civil appeal challenging the award of a contract by Steel Authority of India Ltd. (SAIL) under its fifth tender notice and the subsequent handling of a fourth tender notice. The appellant alleged fraud and that SAIL had acted against natural justice, claiming a …

FCS SOFTWARE SOLUTIONS LTD.versusLA MEDICAL DEVICES LTD. & ORS.

2008 INSC 787Case Partly allowed

The appellant, FCS Software Solutions Ltd., won the highest bid of Rs 1.47 crore for the immovable and movable assets of the liquidated company but the Official Liquidator failed to hand over possession despite the appellant’s full payment. The Official Liquidator later claimed a higher offer of Rs …

HARYANA FINANCIAL CORPORATION & ANR.versusKAILASH CHANDRA AHUJA

2008 INSC 779Case Allowed

Kailash Chandra Ahuja, a technical officer of Haryana Financial Corporation, was dismissed after a disciplinary inquiry in which the Inquiry Officer’s report was not furnished to him before the disciplinary authority imposed the penalty. The High Court set aside the dismissal on the ground that …

STATE OF KERA LAversusB.RENJITH KUMAR & ORS.

2008 INSC 743Dismissed

The respondents, who were Presiding Officers of Kerala's Industrial Tribunals, had historically received pay scales equal to District Judges. After the 1998 Shetty Commission revised the pay of District Judges, the state granted the revised scales only to District Judges and not to the Tribunal …

MAGHENDRA PAL TYAGIversusJAYANT DAVAR AND ORS.

2008 INSC 744Dismissed

The appellant, Maghendra Pal Tyagi, claimed loss of 200 shares of Hero Honda Company and obtained duplicate share certificates by misrepresenting that the originals were lost. He transferred these duplicate shares to the first respondent, Jayant Davar, who later sought recovery of the purchase …

YUNUS ALI (DEAD) THROUGH HIS L.RS.versusKHURSHEED AKRAM

2008 INSC 742Appeal(s) allowed

The appellant, the legal representatives of the deceased landlord Yunus Ali, sued tenant Khursheed Akram for arrears of rent and sought a provisional rent determination under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. Both the trial court and the first appellate …

TULSIRAM & ORS.versusSTATE OF M.P.

2008 INSC 651Appeal(s) allowed

The appellants were convicted under Sections 325 and 323 read with Section 34 of the IPC for allegedly assaulting two passengers with lethal weapons. On appeal, the Supreme Court examined the credibility of the prosecution's key witnesses, noting that the star witness (PW5) was declared hostile and …

SIDHARTHA VASHISHT @ MANU SHARMAversusSTATE (NCT OF DELHI)

2008 INSC 634Disposed off

Manu Sharma was acquitted by the trial court of murder (IPC 302 r/w 201, 120B) and an Arms Act offence, but the Delhi High Court set aside the acquittal, convicted him and sentenced him to life imprisonment. While his appeal against the conviction was pending before the Supreme Court, he filed an …

MAUSAMI MOITRA GANGULIversusJAYANT GANGULI

2008 INSC 636Dismissed

Mausami Moitra Ganguli and Jayant Ganguli were married in 1996 and had a son in 1998. The mother left the matrimonial home in 2001 due to alleged domestic violence, leaving the three‑year‑old child with the father. After a divorce decree in 2002, the mother filed a petition under Sections 10 and 25 …

ASHOK KUMAR CHAUDHARY & ORS.versusSTATE OF BIHAR

2008 INSC 581Case Partly allowed

The appellants were convicted under IPC §§ 324, 307 and 34 for assaulting victims in a market. They challenged the convictions on the grounds that the prosecution relied on testimony of relatives of the victim, that no independent public witnesses were examined, that there was an inordinate delay in …

MADHUBANversusSTATE OF U.P.

2008 INSC 582Case Allowed

The appellant was convicted of murder and related offences under Sections 302, 323, 394 read with Section 34 of the IPC for the killing of a father and son. The High Court affirmed the conviction but, according to the appellant, decided the appeal without hearing his counsel, who was unable to make …

M.V. JANARDHAN REDDYversusVIJAYA BANK & ANR.

2008 INSC 572Case Partly allowed

The appellant, M.V. Janardhan Reddy, purchased a property of a company in liquidation at a public auction. The sale was to be confirmed by the Company Court, but the Recovery Officer of the Debt Recovery Tribunal confirmed it without court approval. The Company Court later set aside the sale, a …

STATE OF U.P. & ANR.versusU.P. RAJYA KHANIJ VIKAS NIGAM S.S. & ORS.

2008 INSC 573Appeal(s) allowed

The Uttar Pradesh State Mineral Development Corporation decided to retrench about half of its workforce, prompting the employees' Samiti to file a writ petition under Article 226 seeking absorption in other government departments or public sector undertakings and compensation. The Allahabad High …

M/S. HOLANI AUTO LINKS PVT. LTDversusSTATE OF MADHYA PRADESH

2008 INSC 549Dismissed

M/s. Holani Auto Links Pvt. Ltd. entered into a dealership agreement with Castrol India Ltd. and stored over 33,000 litres of engine oil at its premises. The State Food Department seized the oil and, under the Madhya Pradesh Essential Commodities (Exhibition of Price & Price Control) Order, 1977, …

SUNEET GUPTAversusANIL TRILOKNATH SHARMA & ORS.

2008 INSC 535Dismissed

The appellant, Suneet Gupta, entered into a partnership with M/s K.M. Agencies, which later faced a dispute when the other partner joined M/s Mangla Agencies and allegedly misrepresented the firm's status to the principal, Johnson & Johnson, resulting in payment to the latter firm. Gupta filed a …

JAGDISH SINGHversusMADHURI DEVI

2008 INSC 536Case Allowed

The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of desertion and cruelty. The Family Court examined the evidence in detail and granted the decree of divorce. The wife appealed, and the High Court set aside the Family Court's decree, holding …

SHIV PRASADversusGOVERNMENT OF INDIA & ORS.

2008 INSC 531Disposed off

The appellant, Dr. Shiv Prasad, applied for the post of Associate Professor in the Department of Mathematics of Roorkee University and was recommended for that post. Respondent No.4, Dr. Madhu Jain, applied for the Assistant Professor position and was selected under the university's combined cadre …

RAJ KUMAR@ RAJUversusSTATE OF UTTARANCHAL

2008 INSC 461Case Allowed

The case involved six accused charged with dacoity with murder under Sections 396 and 412 read with 1208 of the Indian Penal Code. The trial court convicted four of them under Section 396 and acquitted two, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether a …

NIRMAL KANTA (DEAD) THROUGH LRS.versusASHOK KUMAR & ANR.

2008 INSC 420Dismissed

The landlord filed an eviction petition under Section 13 of the East Punjab Rent Restriction Act, 1949, alleging that the tenant had sub-let part of a shop to a tailor. The Rent Controller dismissed the petition, the Appellate Authority reversed that decision, and the High Court reinstated the …

CEMENT WORKERS KARAMCHARI SANGHversusM/S. JAIPUR UDYOG LIMITED AND ORS.

2008 INSC 390Disposed off

The case concerned the winding up of Jaipur Udyog Ltd. (JUL), a sick cement company, and the dispute over workmen's dues and a settlement entered between the workers' union and the company. JUL appealed a BIFR winding‑up order before the AAIFR, which imposed a condition to deposit Rs.10 crore; the …

PANKAJ SHARMAversusSTATE OF JAMMU & KASHMIR & ORS.

2008 INSC 370Dismissed

The Jammu & Kashmir Public Service Commission conducted the 2005 Combined Competitive Examination, but numerous candidates complained of spelling mistakes, printing errors and doubtful answers in the preliminary papers. The Commission, after consulting experts, deleted the erroneous questions and …

M. BALAKRISHNA REDDYversusDIRECTOR, CBI, NEW DELHI

2008 INSC 371Dismissed

M. Balakrishna Reddy, a Central Government employee, was charged by the CBI under the Delhi Special Police Establishment Act, 1946 for alleged cheating in a UPSC exam held in Bhopal, Madhya Pradesh. He challenged the CBI's jurisdiction, arguing that the State of Madhya Pradesh had not given the …

USHA SINHAversusDINA RAM & ORS.

2008 INSC 372Dismissed

The respondent obtained an ex‑parte decree in a title suit (No. 140 of 1999) against several defendants. During the pendency of that suit, two of the defendants sold their shares to the appellant, Usha Sinha, by a registered deed. The decree‑holder filed an execution petition, and the appellant …

M/S NEELDEEP INVESTMENTS (P) LTD.versusTHE CUSTODIAN & ORS.

2008 INSC 354Disposed off

The Supreme Court heard an appeal under Section 10 of the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, filed by the Custodian on behalf of a notified party seeking recovery of money from Mis Neeldeep Investments Ltd. The Special Court had originally decreed a …

STATE OF MAHARASHTRA & ORS.versusBHAURAO PUNJABRAO GAWANDE

2008 INSC 289Case Allowed

Bhaurao Punjabrao Gawande, a petroleum transporter, was alleged to have repeatedly engaged in black‑marketing of kerosene and faced several prosecutions under the Essential Commodities Act, 1955. The Commissioner of Police, acting under the Prevention of Black Marketing and Maintenance of Supplies …

PEPSU ROAD TRANSPORT CORP.versusRAWEL SINGH

2008 INSC 276Case Partly allowed

Rawel Singh, a driver with Pepsu Road Transport Corporation, was absent from duty without sanctioned leave. After notice and a charge sheet, a disciplinary enquiry was held ex parte because he failed to appear, leading to his termination. He obtained reinstatement from civil courts, which allowed …

ANAND SHARADCHANDRA OKAversusUNIVERSITY OF MUMBAI & ORS.

2008 INSC 133Dismissed

The petitioner, a graduate of the University of Mumbai who also held an LL.M., filed a writ petition seeking inclusion of his name in the electoral roll for Senate elections, arguing that the term “Graduate of the University” under the Maharashtra Universities Act, 1994 should include persons who …

SUDESH KUMARversusSTATE OF UTTARAKHAND

2008 INSC 113Dismissed

Sudesh Kumar was convicted under IPC s.392 r/w s.34 and the Arms Act for a robbery committed on 7 March 1981 and sentenced to five years' rigorous imprisonment. He appealed, claiming benefit under Section 6 of the Probation of Offenders Act, 1958, asserting that he was under 21 years of age at the …

S.K. SINHA, CHIEF ENFORCEMENT OFFICERversusMIS. VIDEOCON INTERNATIONAL LTD. & ORS.

2008 INSC 105Case Allowed

The Chief Enforcement Officer filed a criminal complaint under the Foreign Exchange Regulation Act (FERA) against Videocon International Ltd. on May 24, 2002. The Chief Metropolitan Magistrate took cognizance of the offence on the same day and later issued summons on February 3, 2003. The accused …

SUNITA JAINversusPAWAN KUMAR JAIN & ORS.

2008 INSC 106Disposed off

Sunita Jain alleged that her husband Pawan Kumar Jain and his parents harassed her for dowry, physically and mentally torturing her, leading her to lodge an FIR. The trial court framed charges under IPC sections 498A, 506, 406, 34 and Dowry Prohibition Act sections 3 and 4. The High Court, invoking …

MANGAT RAMversusSTATE OF HARYANA

2008 INSC 107Appeal(s) allowed

Mangat Ram appealed to the High Court against his detention, seeking bail. The High Court dismissed the appeal with the terse order "Dismissed, reasons to follow" without providing any reasoning. The appellant challenged this order before the Supreme Court, arguing that a court must record reasons …

VIKAS & ORS.versusSTATE OF MAHARASHTRA

2008 INSC 72Dismissed

The appellant Vikas and others were convicted for murder and conspiracy under Sections 302, 342 and 34 of the IPC based primarily on two dying declarations of the victim, Rekha, recorded by a Special Judicial Magistrate and a Police Sub‑Inspector. The victim's father and a Panch witness, who turned …

U.P. STATE SUGAR CORPORATION LTD. AND ORS.versusKAMAL SWAROOP TONDON

2008 INSC 70Case Allowed

The appellant corporation alleged that its resident engineer, Kamal Swaroop Tondon, caused a loss of Rs.1 lakh due to negligence and initiated disciplinary proceedings by issuing a show‑cause notice on 13 January 2000, followed by a regular notice on 31 January 2000, the day of his retirement. While …

GAUDIYA MISSIONversusSHOBHA BOSE & ANR.

2008 INSC 51Case Allowed

The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge …

HINDUSTAN PETROLEUM CORPN. LTD.versusASHOK RANGHBA AMBRE

2008 INSC 52Case Allowed

Hindustan Petroleum Corporation Ltd. (the appellant) had engaged Ashok Ranghba Ambre on a casual basis as a compounder/dresser from 1984. Ambre filed a writ petition in 1992 seeking to be declared a permanent employee with retrospective benefits. The corporation stopped employing him in 1996, …

MARIMUTHU & ORS.versusSTATE OF TAMIL NADU

2008 INSC 39Case Partly allowed

Seven persons were prosecuted for the murder of Chinnadurai, who had earlier testified against some of the accused. The trial court convicted all under Section 302 IPC. The Madras High Court acquitted three (Nos. 4, 6, 7) on the ground of benefit of doubt and upheld convictions of the remaining four …

BIJA & ORSversusSTATE OF HARYANA

2008 INSC 34Case Partly allowed

The deceased Santro, after a forced second marriage (Karewa) arranged by the village Panchayat, was found dead in her in-laws' house. Medical evidence established that she died from asphyxia due to smothering, not from epilepsy or electrocution as the defence claimed. The trial court and High Court …

PURAN SINGHversusSTATE OF UTTARANCHAL

2008 INSC 35Case Allowed

Puran Singh was charged with murdering his brother Rajpal Singh by firing a licensed 12‑bore gun. The trial court acquitted him, citing benefit of doubt, but the High Court set aside the acquittal and convicted him under IPC s.302. On appeal to the Supreme Court, the appellant raised a new plea that …

S.K DUAversusSTATE OF HARYANA & ANR

2008 INSC 27Case Partly allowed

The appellant, a former Engineer‑in‑Chief of Haryana Irrigation, retired in 1998 but received his retiral benefits only after a four‑year delay. He claimed interest at 18% on the delayed amounts, invoking administrative instructions, statutory rules and the constitutional guarantees of Articles 14, …

SAT NARAINversusSTATE OF HARYANA TH. MINISTRY OF HOME

2008 INSC 20Dismissed

The dispute arose between Sat Narain and the complainant party over a family quarrel. On the night of 17 June 1999, Sat Narain and his accomplices blocked the complainant's jeep, attacked them and Sat Narain fired three shots from a licensed gun, killing Chhotu Ram and injuring his wife Sakeela; a …

SUNIL PODDAR AND ORS.versusUNION BANK OF INDIA

2008 INSC 21Dismissed

The appellants, former directors and guarantors of Adhunik Detergent Ltd., were joined as defendants in a civil suit filed by Union Bank of India for recovery of a loan. They appeared in the civil court, filed a written statement and raised preliminary objections, but the suit was later transferred …

STATE OF HARYANA & ORS.versusDINESH KUMAR

2008 INSC 22Disposed off

The respondents applied for Constable‑Driver positions in the Haryana Police and answered "No" to the application queries whether they had ever been arrested or convicted. Verification later revealed that they had been arrested in connection with FIRs but were acquitted and released on bail without …

UNION OF LNDIA & ORS.versusDINESHAN K.K.

2008 INSC 3Dismissed

The petitioners, Radio Mechanics of the Assam Rifles, claimed that they were denied parity in rank and pay with their counterparts in other central paramilitary forces, despite an admitted disparity and a Ministry of Home Affairs order to rationalise pay structures. The Union of India argued that …

DHARAM PAL AND ORS.versusSTATE OF U.P.

2008 INSC 11Dismissed

The appellants were convicted of murder under Section 302 read with Section 34 of the IPC for assaulting the deceased with lathis, causing fatal head injuries. On appeal, the High Court, assisted by a Government Advocate, re‑examined the record ex parte and altered the conviction to culpable …

STATE OF U.P.versusPUNNI AND ORS.

2008 INSC 12Dismissed

The State of Uttar Pradesh alleged that a gang of six persons assembled in a grove to commit dacoity and were arrested after a police operation that recovered unlicensed firearms. The trial court convicted them under IPC sections 399 and 402 and Section 27 of the Arms Act, relying on the testimony …

UNION OF INDIA AND ANR.versusNARENDRA SINGH

2007 INSC 1284Case Partly allowed

The respondent, an Accountant in the Office of the Accountant General, was promoted to Senior Accountant (Functional) in 1990 despite not having passed the mandatory Departmental Examination required by the Indian Audit and Accounts Department (Senior Accountant) Recruitment Rules, 1988. The …

LAXMAN PRASADversusPRODIGY ELECTRONICS LTD. AND ANR.

2007 INSC 1254

Prodigy Electronics Ltd., a Hong Kong company, employed Laxman Prasad as its India marketing manager. After resigning, Prasad allegedly breached the employment contract by soliciting customers, using the company's trade name at a Delhi trade fair, and registering a similar domain name. Prodigy filed …

VINAY DEVANNA NAYAKversusRYOT SEVA SAHAKARI BANK LTD.

2007 INSC 1246Appeal(s) allowed

The appellant, a member of Ryot Seva Sahakari Bank, obtained a loan and issued a cheque that was later dishonoured, leading the bank to prosecute him under Section 138 of the Negotiable Instruments Act. The trial court convicted him, sentencing him to six months' imprisonment and ordering …

STATE OF MADHYA PRADESHversusBABULAL

2007 INSC 1215Appeal(s) allowed

The State of Madhya Pradesh prosecuted Babulal for raping a married woman in broad daylight, threatening her with a knife. The trial court convicted him under Section 376(1) IPC and sentenced him to seven years' rigorous imprisonment with a fine of Rs.2,500. The High Court reduced the sentence to …

NEW INDIA ASSURANCE CO. LTD.versusPRABHU LAL

2007 INSC 1210Appeal(s) allowed

The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only …

SARVA SHRAMIK SANGHATANA (K.V.) MUMBAIversusSTATE OF MAHARASHTRA AND OTHERS

2007 INSC 1199

Century Industries Textiles Ltd., after offering a Voluntary Retirement Scheme that left only 275 workers, filed an application under s.25‑0(1) of the Industrial Disputes Act, 1947 seeking permission to close its mill. The company later withdrew this application to pursue an amicable settlement …

MOHAN KUMAR RAYANAversusKOMAL MOHAN RAYANA

2007 INSC 1119Disposed off

Mohan Kumar Rayana and Komal Mohan Rayana, a married couple, separated after the birth of their daughter Anisha. The mother obtained custody of the child from the Family Court, while the father was granted limited visitation rights. The Bombay High Court subsequently reduced the father's access, …

STATE OF DELHIversusJITTI

2007 INSC 1049Disposed off

The accused, Jitti, was found in possession of 45 kg of poppy straw powder and was convicted under Section 18 of the NDNDPS Act, 1985, receiving a minimum sentence of ten years rigorous imprisonment. While his appeal was pending, Section 41 of the Act was amended in 2001, redefining the commercial …

KISHAN SINGH AND ANR.versusSTATE OF PUNJAB

2007 INSC 1051Disposed off

Reeta Kumari married Manmohan Singh in February 1999 and was repeatedly harassed by her in‑laws for a scooter and a golden bangle as dowry. She died by consuming aluminium phosphide in June 1999 while pregnant. The trial court convicted the father‑in‑law (Kishan Singh) and mother‑in‑law (Bachni …

GURDEV RAJversusTHE STATE OF PUNJAB

2007 INSC 1022Case Partly allowed

Gurdev Raj was accused of striking his mother‑in‑law with an iron rod, causing her death. The victim's daughter‑in‑law (the accused's wife) and sister‑in‑law testified that a quarrel erupted and the accused inflicted the fatal blows. The FIR was lodged the next morning, and the trial court convicted …

SHANTI LALversusSTATE OF M.P.

2007 INSC 1013Disposed off

Shanti Lal was caught carrying 7 kg 60 g of contraband opium and was convicted under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.1 lakh, with an additional three years' imprisonment …

CARONA LTD.versusM/S PARATHY SWAMINATHAN & SONS

2007 INSC 1008Dismissed

Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed …

SURESH SINGH AND ANR.versusSTATE OF HARYANA

2007 INSC 997Disposed off

Six accused were tried for the murder of Sajjan Singh and injuries to two other persons. The trial court convicted all under Section 302 read with Section 149 IPC and sentenced them to life imprisonment along with other terms. The High Court altered the murder conviction to Section 304 Part II and, …

K.RADHAIversusC.B.I., COCHIN UNIT

2007 INSC 983

The appellant, a clerk in Syndicate Bank, was found to have opened a false bank account and fraudulently withdrawn Rs.42,000. She was charged under IPC sections 465, 468, 471, 420 and under the Prevention of Corruption Act, 1988 (s.13(1)(d) read with s.13(2)). The trial court convicted her and …

KHURSHEED AND ANR.versusSTATE OF U.P. AND ANR.

2007 INSC 995Appeal(s) allowed

The accused were convicted under Sections 325 and 323 of the IPC, each read with Section 34, for assaulting the complainant and his wife. Subsequently, the parties reached an amicable settlement and filed a deed of compromise seeking compounding of the offences. The appellants contended that both …

M/S. DHAMPUR SUGAR MILLS LTDversusSTATE OF U.P. AND ORS.

2007 INSC 964Case Partly allowed

Mis Dhampur Sugar Mills Ltd., a sugar mill and distillery, challenged a Uttar Pradesh government directive that required all sugar mills to reserve 20% of their molasses for country‑liquor production. The company argued it had no excess (balance) molasses because its entire output was used captive …

M/S. DHAMPUR SUGAR (KASHIPUR) LTD.versusSTATE OF UTTARANCHAL AND ORS.

2007 INSC 963Dismissed

Mis. Dhampur Sugar (Kashipur) Ltd., a sugar manufacturer, applied for a licence to set up a power‑crusher unit for manufacturing rah from sugarcane. The application was initially rejected under the existing licensing policy, but after the State Government modified the policy on 15 November 2003, a …

MOHD. MASOOD AHMADversusSTATE OF U.P. & ORS.

2007 INSC 949Dismissed

The petitioner, an Executive Officer of Nagar Palika Parishad Muzaffarnagar, was transferred by the State Government to Mawana, District Meerut, and challenged the order alleging it was made at the behest of an MLA. The Allahabad High Court dismissed his writ petition, holding that the transfer was …

MUNICIPAL CORPORATION OF CITY OF THANEversusM/S VIDYUT METALLICS LTD. AND ANR.

2007 INSC 916Dismissed

The Municipal Corporation of Thane claimed that Vidyut Metallics Ltd. had underpaid octroi by paying 0.5% under Item 71 of the Maharashtra Municipalities (Octroi) Rules, 1974, instead of 1% under Item 77, and demanded the difference. The company had paid 1% from 1968‑1974, later corrected its …

VANGA SRINIWASversusPUBLIC PROSECUTOR, HIGH COURT OF A.P.

2007 INSC 917Case Partly allowed

The appellant Vanga Sriniwas was accused of killing his wife by strangulation and hanging her body, allegedly to conceal a dowry‑related dispute. The trial court acquitted him, but the Andhra Pradesh High Court convicted him of murder under IPC s.302 and sentenced him to life imprisonment. On …

COMMISSIONER, KARNATAKA HOUSING BOARDversusC.MUDDAIAH

2007 INSC 900Dismissed

C. Muddaiah, a former First Division Assistant of the Karnataka Housing Board, challenged the Board's seniority list and obtained a judgment from a Single Judge of the Karnataka High Court directing that his seniority be placed above respondents 2‑34 and that he be granted all consequential …

MADAN LAL KAPOORversusRAJIV THAPAR & ORS.

2007 INSC 891Appeal(s) allowed

The appellant filed a criminal revision petition which the Delhi High Court dismissed for default despite notice. The Supreme Court held that a criminal appeal or revision cannot be dismissed for default and must be decided on its merits with a reasoned order. It relied on Bani Singh v. State of …

RAGHUNANDANversusSTATE OF MADHYA PRADESH

2007 INSC 870Dismissed

The appellant, accused No.2, was convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Manfer, whose body was found in the appellant's house. The prosecution proved that the appellant lured the deceased to his residence, served him liquor, and, together with …

GIRIJA PRASAD (DEAD) BY LRS.versusSTATE OF MADHYA PRADESH

2007 INSC 871Dismissed

Girja Prasad, a lower‑division clerk, was alleged to have accepted Rs 200 as a bribe on behalf of his superior, the Divisional Ayurved Chikitsa Adhikari, after a trap was laid by the complainant and police officials. The trial court acquitted him, deeming the key witnesses (the complainant and a …

M.C. CHAMARAJUversusHIND NIPPON RURAL INDUSTRIAL (P) LTD.

2007 INSC 863Appeal(s) allowed

M.C. Chamaraju, a supervisor employed by Hind Nippon Rural Industrial (P) Ltd, worked for more than five years across several units before his salary stopped in March 1993. He applied for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority and the Appellate Authority held …

SUKHDEO PANDEYversusUNION OF INDIA AND ANR.

2007 INSC 864Case Partly allowed

Sukhdeo Pandey, an Extra‑Departmental Branch Post Master (EDBPM), cleared a promotion exam to the post of Postman in 1969 but the selection was cancelled due to alleged irregularities. A criminal case was later filed against him, cleared, and he was arbitrarily removed from service in 1977; the …

M/S PRESTIGE LIGHTS LTD.versusSTATE BANK OF INDIA

2007 INSC 845Dismissed

Prestige Lights Ltd. obtained an Rs.85‑lakh loan from State Bank of India secured by mortgage of its land and building. After defaulting, the bank served a notice under Section 13(2) of the Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and later …

SUKHRAMversusSTATE OF MAHARASHTRA

2007 INSC 841Case Partly allowed

The case involved a dowry‑related death of Meerabai, whose husband (appellant A‑1) and father‑in‑law (appellant A‑2, Sukhram) were initially convicted by the trial court of offences under Sections 304‑B and 498‑A IPC. The High Court set aside those convictions but convicted both of them for murder …

M/S GUJARAT PRADESH PANCHAYAT PARISHAD AND ORS.versusSTATE OF GUJARAT AND ORS.

2007 INSC 794Dismissed

The Gujarat Pradesh Panchayat Parishad and the Sabarkantha District Panchayat challenged a resolution and an office order that required the District Development Officer (DDO) to consult the President of the District Panchayat before taking any action on recruitment, transfer, promotion or other …

JAPANI SAHOOversusCHANDRA SEKHAR MOHANTY

2007 INSC 789Appeal(s) allowed

The appellant, Japani Sahoo, filed a criminal complaint on 5 February 1996 alleging assault and extortion by the respondent, an Inspector of Police. The Sub‑Divisional Judicial Magistrate took cognizance of the complaint only on 8 August 1997, more than a year after the alleged offence, and later …

PUNJAB NATIONAL BANKversusSAHUJAIN CHARITABLE SOCIETY AND ORS.

2007 INSC 745Appeal(s) allowed

Punjab National Bank (PNB) held 66.94% of the shares in a co‑owned property and sought its partition. A preliminary decree in 1977 allotted the bank 83 of 124 shares and ordered a public auction of the property, but the auction was never carried out. After several fresh valuations and a confirmed …

NATIONAL COUNCIL FOR CIVIL LIBERTIESversusUNION OF INDIA AND ORS.

2007 INSC 741Dismissed

The National Council for Civil Liberties (NCL) filed a public‑interest writ petition under Article 32 alleging that the Narmada Bachao Andolan (NBA) and its activists, including Medha Patkar and Rahul Banerjee, had received foreign funds and supplied arms and explosives to obstruct national dam …

MANJAPPAversusSTATE OF KARNATAKA

2007 INSC 632Case Partly allowed

The appellant Manjappa was convicted for voluntarily causing grievous hurt (IPC s.325) and simple hurt (IPC s.323) in 1997, receiving a cumulative sentence that was reduced by lower courts to one and a half months. He appealed to the Supreme Court seeking probation under CrPC s.360/361, arguing that …

STATE OF BIHAR AND ORS.versusBIHAR STATE+ 2 LECTURERS ASSOCIATIONS AND ORS.

2007 INSC 577Disposed off

The State of Bihar appointed +2 lecturers, some of whom were untrained, and fixed separate pay scales for trained and untrained lecturers based on a Fitment Committee's recommendation. Untrained lecturers challenged this classification as violative of Article 14 of the Constitution, arguing that the …

DAYA SINGH LAHORIYA @ RAJEEV SUDAN @ VINAY KUMARversusSTATE OF RAJASTHAN

2007 INSC 567Disposed off

The appellant, Daya Singh Lahoria (also known as Rajeev Sudan and Vinay Kumar), was convicted of offences under IPC sections 420, 468, 471 and 364A, as well as the Explosive Substances Act, and sentenced to seven years of imprisonment (concurrent) and life imprisonment for a kidnapping‑related …

SUMAN SOOD @ KAMAL JEET KAURversusSTATE OF RAJASTHAN

2007 INSC 568Disposed off

The husband (Daya Singh) and wife (Suman Sood) were extradited from the United States and tried in Rajasthan for kidnapping a politician's son, conspiracy, and related offences. The trial court convicted both of several IPC offences, acquitting Suman Sood of kidnapping for ransom (Sec. 364A). The …

STATE OF U.P. AND ANR.versusNIDHI KHANNA AND ANR.

2007 INSC 562Appeal(s) allowed

The Uttar Pradesh Higher Education Services Commission advertised vacancies for lecturers (Advertisement No. 29) in 2000 and selected Nidhi Khanna, placing her at the top of the wait‑list. She claimed she never received the appointment letter for a college in Meerut and later sought appointment at …

BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN AND ANR.versusUNION OF INDIA

2007 INSC 518Dismissed

The Supreme Court heard two interlocutory applications filed by Bhopal Gas Peedith Mahila Udyog Sangathan and Bhopal Gas Peedith Sangharsh Sahayog Samiti seeking a re‑examination of the 1989 settlement with Union Carbide, a five‑fold increase in the settlement fund, and directions for the Union of …

K.THULASEEDHARANversusTHE KERALA STATE PUBLIC SERVICE COMMISSION, TRLVANDRUM AND ORS.

2007 INSC 502Dismissed

The appellants were included in a Kerala Public Service Commission (KPSC) ranked list for Overseer Grade‑II appointments. The list, published on 31‑03‑2001, was set to expire on 31‑03‑2004 but the KPSC, invoking the 5th proviso to Rule 13 of its Rules of Procedure, extended the validity of several …

D. DWARAKANANTHA REDDYversusCHAITNYA BHARATHI EDUCATIONAL SOCIETY AND ORS.

2007 INSC 478Dismissed

The appellants claimed that they had been validly inducted as Promoter‑Members of Chaitnya Bharathi Educational Society by a Board of Governors resolution in 2000 and a General Body approval in 2006, which they said entitled them to vote in the Society’s Board elections. The Society contended that …

SURAJ BHAN AND ORS.versusFINANCIAL COMMISSIONER AND ORS.

2007 INSC 424Disposed off

The appellants, descendants of Data Ram, challenged the mutation of agricultural land in favour of respondent No.5, which was based on a purported Will of Ratni Devi, a daughter of the original owner. The Supreme Court held that the genuineness of the Will is a matter for a competent civil court …

BIHAR PUBLIC SERVICE COMMISSION AND ORS.versusKAMINI AND ORS.

2007 INSC 427Case Allowed

The Bihar Public Service Commission advertised for the post of District Fisheries Officer requiring a B.Sc. (Hons.) in Zoology. The petitioner, Kamini, held a B.Sc. (Hons.) in Chemistry with Zoology and Botany as subsidiary subjects and was initially called for interview due to a clerical error. …

A.P. HOUSING BOARDversusMOHAMMED SADATULLAH AND ORS.

2007 INSC 416Disposed off

The Andhra Pradesh Housing Board acquired 45 acres for a housing scheme, but could take possession of only 43 acres; the remaining two acres remained occupied by hut dwellers and compensation was never paid. The land‑owners obtained a writ from the High Court declaring the acquisition award for the …

A.P. HOUSING BOARDversusADARSHA WELFARE ASSOCIATION AND ANR.

2007 INSC 417Case Allowed

The Andhra Pradesh Housing Board acquired 45 acres for a housing colony, but two acres earmarked for a public park were occupied by hutment dwellers. The Adarsha Welfare Association filed a PIL seeking to restrain the Board from constructing a commercial complex in the designated Commercial Zone …

ALEYAMMA MATHAI ALMEIDAversusSTATE OF GOA AND ORS.

2007 INSC 419Appeal(s) allowed

Mrs. Aleyamma Mathai Almeida, an Assistant Teacher appointed in 1965, sought promotion to Headmistress of St. Anthony's High School, Goa, when vacancies arose in 1981 and later. Each time the school appointed a junior candidate, and the Director of Education disapproved those selections, ordering …

LOK SEWA SHIKSHAN MANDALversusA.R. MUNDHADA CHARITABLE TRUST AND ORS.

2007 INSC 389Dismissed

Lok Seva Shikshan Mandal sought acquisition of two parcels of land for a school and a garden. The government proceeded under the Land Acquisition Act, 1894, but the first respondent challenged the acquisition of the garden parcel (Survey No. 187/3A) by filing a writ petition. The High Court held …

ORIENTAL INSURANCE COMPANY LIMITEDversusMEENA VARIYAL AND ORS.

2007 INSC 359Appeal(s) allowed

Suresh Chandra Variyal, a regional manager, died in a motor accident while using a company car insured under the Motor Vehicles Act, 1988. His widow and daughter filed a claim under Section 166 against the employer and Oriental Insurance Company. The Motor Accidents Claims Tribunal held the employer …

KUNWAR PAL SINGH (DEAD) BY LRS.versusSTATE OF U.P. AND ORS.

2007 INSC 339Appeal(s) allowed

The State of Uttar Pradesh issued notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 to acquire land for a planned development scheme. The landowners challenged the validity of the notifications and later the award made by the Land Acquisition Officer, arguing that the award was …

MADHUMILAN SYNTEX LTD. AND ORS.versusUNION OF INDIA & ANR.

2007 INSC 335Dismissed

Madhumilan Syntex Ltd., a public limited company, failed to deposit Tax Deducted at Source (TDS) within the statutory period for AY 1989-90, though it later paid the amount with interest. The Income Tax Officer issued a show‑cause notice under Section 276B read with Section 278B, treating the …

KUSHESHWAR PRASAD SINGHversusSTATE OF BIHAR AND ORS.

2007 INSC 316Case Partly allowed

The appellant, a landholder, filed a return under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in 1973-74 claiming he did not possess excess land. The Deputy Collector in 1976 upheld his claim and ordered the proceedings dropped, but no final statement …

ALCHEMIST LIMITED AND ANR.versusSTATE BANK OF SIKKIM AND ORS.

2007 INSC 302Dismissed

Alchemist Ltd., a company with its registered office in Chandigarh, submitted a proposal for a strategic partnership with State Bank of Sikkim as part of Sikkim's disinvestment of 49% equity. After an acceptance in principle, Alchemist deposited Rs 4.5 crore in Chandigarh, but the Sikkim government …

TAMIL NADU HOUSING BOARDversusKEERAVANI AMMAL AND ORS.

2007 INSC 295Appeal(s) allowed

The Supreme Court examined appeals filed by the State of Tamil Nadu and the Tamil Nadu Housing Board challenging a Madras High Court order that directed the re‑conveyance of land acquired under the Land Acquisition Act for a housing scheme. The writ petitioners had earlier sought de‑notification …

SMT. PARMINDER KAURversusSTATE OF U.P. AND ANR.

2007 INSC 287Disposed off

The petitioners, Smt. Parminder Kaur and her husband, sought transfer of two criminal cases pending in the Chief Judicial Magistrate's Court, Rampur, Uttar Pradesh, to courts in Delhi or Chandigarh under Section 406 of the CrPC, alleging threats to their lives, old age, and ill health. The Supreme …

NAMDEOversusSTATE OF MAHARASHTRA

2007 INSC 283Dismissed

Namdeo, who had a long-standing dispute with his neighbour Ninaji over livestock, attacked Ninaji with an axe on the night of 25 October 2000, inflicting a fatal head wound. Ninaji’s son Sopan, who was present in the courtyard, witnessed the assault in electric light, chased the assailant and later …

VIJAY SINGH GOND AND ORS.versusUNION OF INDIA AND ORS.

2007 INSC 285

The petitioners, belonging to ten communities in Uttar Pradesh that were reclassified from Scheduled Castes (SC) to Scheduled Tribes (ST) by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002, filed a writ petition under Article 32 seeking a stay of the Act and permission to …

YOGESH NARAIN SAXENAversusSTATE OF UTTARANCHAL

2007 INSC 273Dismissed

Yogesh Narain Saxena was convicted of murdering his neighbour's ten‑year‑old son, Sandeep, after the child's body was discovered in a tin box inside Saxena's quarter. The prosecution relied solely on circumstantial evidence, including the appellant's proximity to the victim, his presence in the …

A.V. PAPAYYA SASTRY AND ORS.versusGOVERNMENT OF A.P. AND ORS.

2007 INSC 246Dismissed

The appellants, land owners, had declared under the Urban Land (Ceiling and Regulation) Act, 1976 that their land was not surplus because it was already in the possession of the Visakhapatnam Port Trust. The competent authority accepted this and declared them non‑surplus. Subsequent land‑acquisition …

STATE OF RAJASTHANversusNETRAPAL AND ORS.

2007 INSC 217Dismissed

During the night of 25-26 November 1987 a dacoity was allegedly committed in Samarpur village, during which several houses were robbed and a victim was shot dead. The victims identified the accused in electric light and the police recovered empty gun bores and ornaments, which were also identified …

SMT. KIRAN SINGHversusUNION OF INDIA AND ORS.

2007 INSC 226Appeal(s) allowed

The dispute concerned the appointment of a candidate (the appellant) to the post of Extra Departmental Branch Post Master (EDBPM) in Jaunpur. Both the appellant and respondent No.5 had passed the High School Examination with first division, but the service rules and a 1993 circular required that, …

PUNE MUNICIPAL CORPORATIONversusSTATE OF MAHARASHTRA AND ORS

2007 INSC 215Appeal(s) allowed

The Pune Municipal Corporation (PMC) was allotted land declared excess under the Urban Land (Ceiling & Regulation) Act, 1976 after the State vested the land in it and the corporation paid the occupancy price. The land owners had earlier filed a statement under Section 6, received a final order under …

SHARE MEDICAL CAREversusUNION OF INDIA AND ORS.

2007 INSC 202Appeal(s) allowed

Share Medical Care, a charitable hospital society, imported medical equipment in 1992‑93 and obtained customs duty exemption under paragraph 2 of Notification No. 64/88. The society later applied for exemption under paragraph 3, claiming eligibility as a non‑profit rural institution, but the Deputy …

CHANDRAPPA AND ORS.versusSTATE OF KARNATAKA

2007 INSC 142Appeal(s) allowed

The appellants were acquitted by the trial court of offences under Sections 143, 147, 148, 302, 324 and 149 IPC because the court found contradictions in eye‑witness testimony and noted that key witnesses were not examined, giving them the benefit of doubt. The State appealed under Section 378 of …

JAGRAJ SINGHversusBIRPAL KAUR

2007 INSC 130Dismissed

Jagraj Singh married Birpal Kaur in 1993; the wife later filed for divorce under Section 13 of the Hindu Marriage Act alleging desertion and cruelty. The trial court ruled it lacked territorial jurisdiction but nonetheless decided the merits, denying divorce. The High Court, invoking Section 23(2) …

KAMLA PRASAD AND ORS.versusSRI KRISHNA KANT PATHAK AND ORS.

2007 INSC 121Appeal(s) allowed

Kamla Prasad filed a suit in a civil court seeking cancellation of sale deeds alleging they were executed under intoxication and that he was not the sole owner of the land, which was co‑shared with other parties whose names were not entered in the revenue records. The trial court held it had …

SHARADAMMAversusSPECIAL LAND ACQUISITION OFFICER AND ANR.

2007 INSC 122Appeal(s) allowed

The appellant, Sharadamma, widow of B.M. Venkataswamappa, owned land in Byappanahalli that was acquired for the expansion of the New Government Electric Factory. She claimed compensation of Rs 20 per square yard, but the Land Acquisition Officer initially awarded Rs 8,000 per acre; the Reference …

SAYARABANO@ SULTANABEGUMversusSTATE OF MAHARASHTRA

2007 INSC 116Dismissed

The deceased, Halimabi, was married into the appellant's family and allegedly suffered chronic ill‑treatment by her mother‑in‑law and husband. On 13 August 1998, the mother‑in‑law is said to have poured kerosene from a lamp on the deceased, causing severe burns. The victim gave two dying …

HMT LTD. AND ANR.versusMUDAPPA AND ORS.

2007 INSC 117Disposed off

The owners of a 2‑acre‑37‑guntha land (respondents) obtained a decree for possession after the watch‑factory (HMT Ltd.) had unlawfully occupied an extra 39 gunthas beyond the 1‑acre‑38‑guntha acquired in 1978. While execution of the decree was pending, HMT Ltd. requested the Karnataka Government to …

UMESHversusSTATE OF MAHARASHTRA

2007 INSC 111Dismissed

Umesh was convicted under Section 302 IPC for the murder of Dilip Ganpatrao Shirbhate on 26 November 1997. The prosecution’s case rested on two eyewitnesses who saw Umesh stab the victim, forensic evidence showing the victim’s blood group on Umesh’s shirt, and the recovery of the alleged murder …

LAND ACQUISITION OFFICER, A.P.versusKAMANDANA RAMAKRISHNA RAO AND ANR.

2007 INSC 112Dismissed

The State of Andhra Pradesh acquired 385.46 acres of land for a reservoir project under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 1,026 per acre, which the claimants contested, leading the Reference Court to award Rs 6,000 per acre on a yield …

VIRENDER NATH GAUTAMversusSATPAL SINGH AND ORS.

2006 INSC 978Appeal(s) allowed

The appellant, a defeated candidate in a Himachal Pradesh Legislative Assembly election, filed an election petition alleging several irregularities including votes cast by dead persons, double voting, voting in multiple constituencies, and double postal ballots, which he claimed materially affected …

RAVIKANT S. PATILversusSARVABHOUMA S. BAGALI

2006 INSC 843Appeal(s) allowed

The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that …

GURPREET SINGHversusUNION OF INDIA

2006 INSC 712Reference answered

Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule …

PRAKASH SINGH AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 642Directions issued

The petitioners, former senior police officers and a public interest group, filed a writ petition under Article 32 seeking directions to the Union and State governments to enact a new Police Act replacing the colonial Indian Police Act, 1861, and to implement comprehensive police reforms. They …

STATE OF U.P. AND ORS.versusMAQBOOL AHMAD

2006 INSC 555Dismissed

Maqbool Ahmad was selected as an Assistant Engineer in 1970 and initially served in the Irrigation Department before being transferred to the Public Works Department (PWD) in 1977 without a break in service. He claimed entitlement to selection grade (after 16 years) and supertime scale (after 18 …

CONFEDERATION OF EX-SERVICEMEN ASSOCIATIONS AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 533Case Partly allowed

The Confederation of Ex‑Servicemen Associations filed a writ petition under Article 32 seeking free and full medical aid for ex‑defence personnel, their families and dependents, arguing that such aid is a fundamental right under Articles 14 and 21. The Union of India responded that the Ex‑Servicemen …

MANALAL PRABHUDAYALversusORIENTAL INSURANCE CO. LTD.

2006 INSC 522Appeal(s) allowed

The partnership firm Manalal Prabhudayal, insured with Oriental Insurance, suffered loss due to communal riots and claimed Rs.1,93,075. The arbitrator awarded the claim with interest at 12% per annum for the pre‑reference period, pendente lite and post‑award period, and the award was made a rule of …

U.P.S.R.T.C.versusMITTHU SINGH

2006 INSC 523Case Partly allowed

Mitthu Singh, a bus driver for Uttar Pradesh State Road Transport Corporation, was terminated after three alleged incidents of refusing to stop the bus on signals from a checking squad. An enquiry officer found the charges proved and the termination was confirmed by the appellate authority. The …

M/S. JAIN STUDIOS LTD. THROUGH. ITS PRESIDENTversusSHIN SATELLITE PUBLIC CO. LTD.

2006 INSC 419Rejected

Mis. Jain Studios Ltd filed a review petition under Article 137 of the Constitution against an order dated 31 January 2006 in which the Chief Justice of India, acting under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointed a sole arbitrator, Justice M.L. Pendse. The petitioner …

JAYA BACHCHANversusUNION OF INDIA AND ORS.

2006 INSC 302Dismissed

Petitioner Jaya Bachchan, a Rajya Sabha member, was appointed Chairperson of the Uttar Pradesh Film Development Council with the rank of Cabinet Minister and a suite of benefits including honorarium, allowances, staff car, and accommodation. The Election Commission held that this post constituted an …

SHIN SATELLITE PUBLIC CO. LTD.versusM/S JAIN STUDIOS LTD.

2006 INSC 55Case Allowed

Shin Satellite Public Co. Ltd., a Thai satellite service provider, entered into a contract with Jain Studios Ltd. that contained an arbitration clause (Clause 23) requiring disputes to be referred to arbitration in Delhi under UNCITRAL rules, with the award deemed final and binding and a waiver of …

GURCHARAN SINGHversusREGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.

2005 INSC 421Disposed off

Gurcharan Singh, a former employee of a cooperative society in Himachal Pradesh, filed a writ petition challenging his termination, alleging that the society was a "State" within the meaning of Article 12 and thus subject to judicial review under Article 226. The Himachal Pradesh High Court …

CENTRAL COALFIELDS LTD.versusSTATE OF JHARKHAND AND ORS.

2005 INSC 397Disposed off

Central Coalfields Ltd., a government company engaged in coal mining, was directed by the Certificate Officer to pay surface rent for coal‑bearing areas under the Bihar & Orissa Public Demands Recovery Act, 1914. The company contended that, pursuant to the Coal Bearing Areas (Acquisition and …