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DIPAK MISRA

546 judgments · newest first · showing 1–200

KODUNGALLUR FILM SOCIETY & ANR.versusUNION OF INDIA & ORS.

2018 INSC 917Disposed off

The Kodungallur Film Society filed a writ petition under Article 32 seeking directions to prevent mob violence against cultural establishments, especially following protests over films like Padmaavat. The Court examined whether the State must implement the guidelines from In Re: Destruction of …

ROMILA THAPAR AND ORS.versusUNION OF INDIA AND ORS.

2018 INSC 912Disposed off

Five eminent citizens filed a writ petition under Article 32 on behalf of five human‑rights activists arrested in connection with the Bhima‑Koregaon violence. The petitioners alleged that the arrests were fabricated, that the police were using the media to prejudice public opinion, and sought a …

M. SIDDIQ (D) THR. LRS.versusMAHANT SURESH DAS AND OTHERS ETC.

2019 INSC 1231Directions issued

The appeals arise from civil suits concerning title to the disputed Ayodhya structure and challenge the validity of the Acquisition of Certain Area at Ayodhya Act, 1993. The petitioners sought to refer the matter to a Constitution Bench, arguing that the observations in Dr. M. Ismail Faruqui v. …

JOSEPH SHINEversusUNION OF INDIA

2018 INSC 898Appeal(s) allowed

The petitioner challenged the constitutional validity of Section 497 of the Indian Penal Code (IPC), which criminalized adultery, and Section 198 of the Code of Criminal Procedure (CrPC), which restricted the right to prosecute for adultery to the husband. A five-judge Constitution Bench of the …

PADMINI SINGHAversusTHE STATE OF ASSAM & OTHERS

2018 INSC 901Appeal(s) allowed

The appellant, Vice President of Masughat Gaon Panchayat, moved a no‑confidence motion against the President (respondent No. 6) under Section 15(1) of the Assam Panchayat Act, 1994. The required special meeting was convened by the Block Development Officer (BDO) rather than the Deputy Commissioner, …

ASEER JAMALversusUNION OF INDIA & ORS.

2018 INSC 903Disposed off

Aseer Jamal filed a writ petition under Article 32 seeking directions to the Union, States and Union Territories to create an effective mechanism for illiterate and visually impaired persons to obtain information under the Right to Information Act, 2005. The petitioner argued that Section 6(1) of …

JARNAIL SINGH & OTHERSversusLACHHMI NARAIN GUPTA & OTHERS

2018 INSC 881Reference answered

The Supreme Court examined a slew of petitions seeking a referral of the M. Nagaraj judgment to a larger bench, focusing on the validity of its requirement that States collect quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST) for promotion reservations. The …

SWAPNIL TRIPATHIversusSUPREME COURT OF INDIA

2018 INSC 886Appeal(s) allowed

The petitioners filed a writ under Article 32 seeking a declaration that Supreme Court proceedings of constitutional and national importance be live‑streamed and that a regulatory framework be established. The Court examined whether live‑streaming is compatible with the constitutional mandate of …

TEHSEEN POONAWALLAversusUNION OF INDIA & ANR.

2018 INSC 888Disposed off

Ms. Indira Jaising, appearing as counsel for an intervenor in Tehseen Poonawalla v. Union of India, filed a Miscellaneous Application seeking to expunge Supreme Court remarks that the conduct of counsel for the petitioners and intervenors amounted to prima facie contempt of court. She contended that …

UTTARADI MUTTversusRAGHAVENDRA SWAMY MUTT

2018 INSC 885Disposed off

The appellant Uttaradi Mutt filed a suit for injunction against the respondent Raghavendra Swamy Mutt, which was dismissed by the trial court. On appeal, the respondent sought to produce additional evidence under Order XLI Rule 27 of the CPC; the First Appellate Court rejected these applications …

UNION OF INDIA & ORS.versusKRISHNA RAO & ORS. ETC. ETC.

2018 INSC 882Disposed off

E Krishna Rao and another, employed on contract as TV News Correspondent and TV Assistant News Correspondent, opted to be treated as government servants under the Indian Broadcasting (Programme) Service Rules, 1990. After twelve years without promotion, they approached the Central Administrative …

SUPER BAZAR KARAMCHARI DALIT SANGH AND ORS.versusUNION OF INDIA AND ORS.

2018 INSC 894Disposed off

The Supreme Court examined contempt petitions filed by Writers & Publishers Ltd. (WPL) alleging non‑compliance of its own order dated 17 May 2018, which directed a full refund of WPL’s investment in the failed revival of the multi‑state cooperative society Super Bazar along with 6% interest. The …

PATEL AHMED MOHAMMADversusBALWANT SINGH RAJPUT & ORS.

2018 INSC 887Leave Granted & Disposed off

Patel Ahmed Mohammad, a Rajya Sabha member, was challenged by Balwant Singh Rajput in an election petition alleging corrupt practices and vote irregularities. The appellant filed three applications for dismissal of the petition: (i) on the basis that office objections under Gujarat High Court Rules …

JUSTICE K. S. PUTTASWAMY (RETD.)versusUNION OF INDIA & ORS.

2018 INSC 880Disposed off

The Supreme Court upheld the constitutional validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which provides a unique identity number to residents based on biometric and demographic data. The petitioners challenged the Act on grounds of …

PUBLIC INTEREST FOUNDATION & ORS.versusUNION OF INDIA & ANR.

2018 INSC 862Disposed off

The Supreme Court examined whether it could compel Parliament to enact a law disqualifying candidates against whom serious criminal charges have been framed and whether it could direct the Election Commission to deny such candidates the use of a party's reserved symbol. The Court held that …

COAL INDIA LTD. & ANR.versusNAVIN KUMAR SINGH

2018 INSC 864Dismissed

Navin Kumar Singh, an executive of Coal India Ltd., was transferred from Dankuni Coal Complex (DCC) to its subsidiary CMPDIL on his own request. The company's policy stated that seniority in the new company would be reckoned from the date of transfer, but it was unclear whether past service in the …

REEMA SALKANversusSUMER SINGH SALKAN

2018 INSC 867Appeal(s) allowed

The appellant-wife filed a Section 125 CrPC maintenance petition in 2003 after her husband, a Canadian permanent resident, failed to bring her to Canada and allegedly obstructed her visa. The Family Court awarded Rs.10,000 per month from July 2003 to December 2010 and denied maintenance thereafter, …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ANR.

2018 INSC 866Dismissed

The petitioner filed a writ petition under Article 32 seeking a direction to bar Members of Parliament, Legislative Assemblies and Councils from practising as advocates while holding office, invoking Bar Council of India Rule 49 which prohibits advocates from being full‑time salaried employees. The …

UNION OF INDIAversusHARDY EXPLORATION AND PRODUCTION (INDIA) INC

2018 INSC 865Appeal(s) allowed

The Union of India challenged an arbitral award made in its favour by Hardy Exploration and Production (India) Inc, contending that Indian courts had jurisdiction to entertain a Section 34 application despite the arbitration agreement specifying Kuala Lumpur as the "venue" for proceedings. The Delhi …

MEENA VERMAversusSTATE OF HIMACHAL PRADESH AND ANOTHER

2018 INSC 834Dismissed

The Himachal Pradesh Government advertised a vacancy for a part‑time female member of the State Consumer Disputes Redressal Commission. A Selection Committee, chaired by the Commission President and comprising two Principal Secretaries, interviewed candidates and prepared a panel based solely on …

JANABAIversusADDITIONAL COMMISSIONER AND OTHERS

2018 INSC 832Dismissed

Janabai, a member of the Gram Panchayat Kalamba (Mahali), was challenged for continuing in office because her husband and father‑in‑law had encroached on government land since 1981 and she was using the land. The question was whether Section 14(1)(j‑3) of the Maharashtra Village Panchayat Act, 1958 …

S. NAMBI NARAYANANversusSIBY MATHEWS & OTHERS ETC.

2018 INSC 822Appeal(s) allowed

The appellant, former ISRO scientist S. Nambi Narayanan, was arrested in 1994 on alleged espionage charges that were later found to be false by the CBI, leading to his discharge. He spent nearly fifty days in police custody, during which the Supreme Court found that the investigation by Kerala …

PANKAJ SINHAversusUNION OF INDIA AND OTHERS

2018 INSC 819Disposed off

Pankaj Sinha filed a writ petition under Article 32 seeking comprehensive measures for leprosy‑affected persons, including periodic national surveys, free multi‑drug therapy, awareness campaigns, non‑discriminatory treatment, education, rehabilitation and disability certification. The Court examined …

ABDUL WAHAB K.versusSTATE OF KERALA AND OTHERS

2018 INSC 814Appeal(s) allowed

The appellant Abdul Wahab K. challenged the order of a Chief Judicial Magistrate (CJM) that allowed the Public Prosecutor to withdraw prosecution under Sections 195A and 506 IPC, on the ground that the CJM had not applied the proper test under Section 321 of the CrPC. The petitioners, third parties, …

ABDUL WAHAB K.versusSTATE OF KERALA AND OTHERS

2018 INSC 814Appeal(s) allowed

The Supreme Court examined a criminal case where the Public Prosecutor sought to withdraw prosecution under Sections 195A and 506 IPC, and the Chief Judicial Magistrate allowed the withdrawal. The order was challenged by the accused through revision petitions filed by third‑party petitioners, which …

R.S. SEHRAWATversusRAJEEV MALHOTRA & ORS.

2018 INSC 779Appeal(s) allowed

The appellant, R.S. Sehrawat, a junior engineer of the Municipal Corporation of Delhi, was convicted by the Delhi High Court for contempt of court for allegedly filing a false affidavit concerning the demolition of unauthorised structures in Sainik Farms. He appealed to the Supreme Court under …

SHIVRAJversusRAJENDRA & ANR.

2018 INSC 781Disposed off

The appellant, a 25‑year‑old coolie, was injured when the tractor he was riding in collided with a mud stone due to the driver’s rash driving. He filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking Rs.9,02,324 as compensation, which the tribunal awarded jointly against the …

SMT. KAVITAversusTHE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS.

2018 INSC 782Dismissed

The appellant, Smt. Kavita, then Block Pramukh of a Kshettra Panchayat, challenged a no‑confidence motion notice issued by the Collector under Section 15 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961. She contended that the Collector failed to investigate alleged fraud …

S. K. RAJU @ ABDUL HAQUE @ JAGGAversusSTATE OF WEST BENGAL

2018 INSC 780Dismissed

The appellant was intercepted on a public road near a club and, after being informed of his right to be searched before a gazetted officer or magistrate, consented to a search by a gazetted officer. A bag containing 1.5 kg of charas and cash was recovered from him. The appellant challenged the …

N. RADHAKRISHNAN @ RADHAKRISHNAN VARENICKALversusUNION OF INDIA AND OTHERS

2018 INSC 784Dismissed

The petitioner sought a court order to ban the novel "Meesha", alleging that it insulted temple‑going women and could disturb public order, decency and morality. The Court examined whether the work fell within the narrow, reasonable restrictions permissible under Article 19(2) of the Constitution. …

THE STATE OF MAHARASHTRA & ORS.versusTASNEEM RIZWAN SIDDIQUEE

2018 INSC 783Leave Granted & Allowed

The police, investigating a case involving illegal sale of call detail records, arrested Rizwan Alam Siddique and obtained a magistrate's order remanding him to police custody until 23 March 2018. His wife, Tasneem Rizwan Siddiquee, filed a writ of habeas corpus in the High Court alleging unlawful …

PRIYA PRAKASH VARRIER AND OTHERSversusSTATE OF TELANGANA AND ANOTHER

2018 INSC 773Appeal(s) allowed

The petitioners, who were the actor, producer and director of the film "Oru Adaar Love", sought to quash FIR No.34 of 2018 filed under Section 295A IPC alleging that the picturisation of the song "Manikya Malaraya Poovi" offended Muslim sentiments. They argued that the song is a traditional Mappila …

KRISHAN KUMAR MADAN AND ORS.versusASHOK KUMAR AND ORS.

2018 INSC 759Appeal(s) allowed

The appellants were selected for the post of Personal Assistant by the Uttar Pradesh Public Service Commission on 3 March 2000, before the reorganisation of Uttar Pradesh into Uttar Pradesh and Uttaranchal (now Uttarakhand) on 9 November 2000. After the reorganisation they exercised the option to …

M/S KOHINOOR TRANSPORTERSversusSTATE OF UTTAR PRADESH

2018 INSC 731Disposed off

The dispute arose from an arbitral award dated 20 July 1984 under the Arbitration Act, 1940, which was made a rule of the court and later reduced in interest rate. The appellant sought execution of the award, and the State (respondent) deposited Rs 75,65,945, after which the executing court ordered …

M/S KOHINOOR TRANSPORTERSversusSTATE OF UTTAR PRADESH

2018 INSC 731

An arbitral award dated 20 July 1984, made a rule of the court in 1986, was being executed when the State of Uttar Pradesh deposited Rs 75,65,945 and was later directed by the executing court to deposit an additional Rs 1,25,16,969.56, which the State objected to. The State filed a civil revision, …

SUMAN DEVIversusMANISHA DEVI AND ORS.

2018 INSC 730Appeal(s) allowed

The appellant was declared elected as Ward Councilor on 28 January 2016. The first respondent filed an election petition under Section 176 of the Haryana Panchayati Raj Act on 10 February 2016, withdrew it on 1 March 2016 and was given liberty to file a fresh petition, which she did on 2 March …

M/S. SONELL CLOCKS AND GIFTS LTD.versusTHE NEW INDIA ASSURANCE CO. LTD.

2018 INSC 727Dismissed

M/s Sonell Clocks and Gifts Ltd. had an insurance policy covering its plant and machinery. Flood damage occurred on 4 August 2004, but the insurer was notified only on 30 November 2004, well beyond the 15‑day period required by Clause 6 of the policy. The insurer appointed a surveyor, whose report …

SAMIR NARAIN BHOJWANIversusM/S. AURORA PROPERTIES AND INVESTMENTS AND ANR.

2018 INSC 733Appeal(s) allowed

The appellant, a developer, was ordered by the Bombay High Court to hand over eight flats and sixteen parking spaces to the plaintiff under a settlement agreement between the plaintiff and another respondent, even though the appellant had no direct contract with the plaintiff. The appellant …

KUDRAT SANDHUversusUNION OF INDIA AND ANR.

2018 INSC 185Disposed off

The Supreme Court, hearing a writ petition under Article 32, clarified the superannuation ages for members of several statutory tribunals. It held that a member of the Central Sales Tax Tribunal (CESTAT) shall serve until the age of 62 years, while the President may serve until 65 years. Similarly, …

RAM CHANDRA SINGHversusRAJARAM AND ORS.

2018 INSC 700Appeal(s) allowed

A motor accident on 10 May 2012 resulted in the death of Sanoj Kumar. The victims filed a claim before the Motor Accident Claims Tribunal, which awarded compensation but absolved the insurer on the ground that the driver, Shivgyani, held a fake licence. The vehicle owner appealed, arguing that the …

CHITRA SHARMA AND ORS.versusUNION OF INDIA AND ORS.

2018 INSC 681Leave Granted & Disposed off

Jaypee Infratech Ltd (JIL) defaulted on a loan from IDBI Bank, prompting the bank to initiate a Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Home buyers filed a writ petition alleging that the CIRP ignored their interests and sought a pro‑rata …

SHIVAJI AND ANR.versusDIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ORS.

2018 INSC 682Appeal(s) allowed

The parents of a deceased driver filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 for compensation after a fatal accident in which the driver was also the tortfeasor. The Motor Accident Claims Tribunal awarded compensation, but the Karnataka High Court set aside the award, …

SANTOSH DEVI AND ORS.versusMAHAVEER SINGH AND ORS.

2018 INSC 679Appeal(s) allowed

The deceased, a small‑scale seller of desi ghee and namkin bhujia, was killed in a road accident in 1992 when a government jeep struck his moped. The appellants, his wife and children, claimed a monthly income of Rs 3,500 and sought compensation under Section 166 of the Motor Vehicles Act, 1988. The …

ALL INDIA JUDGES ASSOCIATION & ORS.versusUNION OF INDIA & ORS.

2018 INSC 671Directions issued

The Supreme Court entertained an interlocutory application filed by the All India Judges Association seeking improvement of judicial infrastructure, particularly in subordinate courts. The Court noted that inadequate infrastructure hampers the delivery of justice and violates constitutional …

SREENIVASA COOPERATIVE BUILDING SOCIETYversusPUVVADA RAMA (DEAD) BY LRS. AND ORS.

2018 INSC 651Dismissed

Lakshmi Sreenivasa Cooperative Building Society filed suits for specific performance of alleged sale agreements of land against Puvvada Rama (deceased) and others. The trial court dismissed the suits, finding the Society failed to prove execution of the agreements, payment of earnest money, and …

RANI & ORS.versusNATIONAL INSURANCE COMPANY LTD. & ORS.

2018 INSC 652Case Partly allowed

The case arose from a motor accident in 2009 where a lorry collided with a motorcycle, killing the rider Satish and injuring his pillion rider Anand. Separate claims were filed under s.166 of the Motor Vehicles Act, 1988 for compensation to Satish's legal representatives and to Anand, and the Motor …

UNION OF INDIA AND ANR.versusSUNIL TRIPATHI ETC. ETC.

2018 INSC 653Disposed off

The Supreme Court examined appeals by the Union of India and the Central Bureau of Investigation (CBI) against a Delhi High Court order that directed the CBI to convert three preliminary enquiries into FIRs/RCs and to complete the investigation. The CBI argued that its preliminary enquiries …

MRS. KANIKA GOELversusSTATE OF DELHI THROUGH S.H.O. AND ANR.

2018 INSC 622Appeal(s) allowed

The case involved a US‑born minor girl, M, whose mother (the appellant) fled the United States with her to India and filed for divorce. The father (respondent No.2) obtained a US custody order and sought a writ of habeas corpus in Delhi to have the child returned to the US. The Delhi High Court …

STATE OF ASSAMversusUNION OF INDIA AND ORS.

2018 INSC 627Disposed off

The State of Assam, in a boundary dispute with the State of Nagaland, sought the production of additional topographical maps from a Survey of India witness during the trial. An earlier order of the Court had already permitted the production of certain maps, but Assam required more documents that …

HETCHIN HAOKIPversusSTATE OF MANIPUR AND ORS.

2018 INSC 628Appeal(s) allowed

The appellant was detained under the National Security Act, 1980 on 12 July 2017, and the District Magistrate reported the detention to the State Government only on 17 July 2017, a five‑day delay. The petitioner challenged the detention on the ground that the report was not made "forthwith" as …

NUTAN RANI AND ANR.versusGURMAIL SINGH AND ORS.

2018 INSC 621Appeal(s) allowed

Ashok Kumar, a 30‑year‑old salesman earning Rs 3,000 per month, died in a bus accident. His heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded only Rs 50,000, while the High Court increased the award to Rs 3,98,500 but neither added a …

INDIAN BANK & ANR.versusK PAPPIREDDIYAR & ANR.

2018 INSC 626Appeal(s) allowed

Indian Bank granted a term loan to Yelagiri Dairy Farm and secured it by mortgaging 6.10 acres of land. When the loan became a non‑performing asset, the bank invoked the SARFAESI Act, took possession and sold the property. The borrowers contended that the land was agricultural and therefore exempt …

TEHSEEN S. POONAWALLAversusUNION OF INDIA AND OTHERS

2018 INSC 617Directions issued

The Supreme Court entertained a writ petition under Art. 32 filed by a social activist seeking directions to curb cow‑vigilantism, lynching and mob violence. It held that such acts are unlawful, violate fundamental rights and the State has a constitutional duty to protect life and human dignity. The …

HIGHWAYS AUTHORITY OF INDIAversusGWALIOR JHANSI EXPRESSWAY LIMITED

2018 INSC 609Appeal(s) allowed

The National Highways Authority of India (NHAI) entered into a concession agreement with Gwalior Jhansi Expressway Limited (GJEL) to widen NH‑75. GJEL failed to complete the work, leading to arbitration. Both parties filed Section 17 applications before the arbitral tribunal seeking interim relief. …

MUKESHversusSTATE OF NCT OF DELHI

2018 INSC 590Rejected

The case concerns the infamous Nirbhaya gang‑rape and murder, where the accused Mukesh was convicted and sentenced to death by the trial court, a decision affirmed by the Delhi High Court and the Supreme Court. Mukesh filed a review petition under Article 137 of the Constitution, alleging illegal …

VINAY SHARMA & ANR.versusSTATE OF NCT OF DELHI

2018 INSC 591Dismissed

The petitioners, Vinay Sharma and Pawan Kumar Gupta, filed review petitions challenging the Supreme Court's order dismissing their criminal appeals in the Nirbhaya gang‑rape case. They raised numerous grounds, including the abolition of the death penalty, alleged errors in the assessment of …

AMEER MINHAJversusDIERDRE ELIZABETH (WRIGHT) ISSAR AND ORS.

2018 INSC 578Appeal(s) allowed

The appellant filed a suit for specific performance of a 2003 agreement to sell land, relying on an unregistered sale deed, a registered power of attorney, and an earlier unregistered 1995 agreement. The respondents challenged the admissibility of these documents, arguing that the 2003 deed required …

GOVERNMENT OF NCT OF DELHIversusUNION OF INDIA & ANOTHER

2019 INSC 194Directions issued

The Supreme Court of India interpreted Article 239AA of the Constitution, which provides special provisions for the National Capital Territory of Delhi. The case arose from a dispute between the Government of NCT of Delhi and the Union of India regarding the powers of the Lieutenant Governor and the …

KALIM KHAN & OTHERSversusFIMIDABEE & OTHERS

2018 INSC 573Case Partly allowed

The deceased's family filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for death caused by a stone that fell during a blasting operation used to dig a well. The tribunal held the accident to be a vehicular accident because the tractor’s battery, still …

STATE OF KARNATAKA BY ITS CHIEF SECRETARYversusP. K. SINHA AND ANR.

2018 INSC 538Disposed off

The Supreme Court heard contempt petitions filed by the State of Tamil Nadu (and a private party) alleging that the Union of India had failed to frame a Cauvery water‑management scheme within the six‑week period ordered by the Court. The Court examined objections raised by Karnataka and Kerala to …

E. SIVAKUMARversusUNION OF INDIA AND ORS.

2018 INSC 539Dismissed

The petitioner, a Food Safety Officer, was named in an FIR concerning illegal manufacture and sale of gutkha and pan masala. The Madras High Court issued a writ of mandamus directing the investigation to be transferred from the State Vigilance Commission to the Central Bureau of Investigation (CBI). …

MS. XversusTHE STATE OF TELANGANA AND ANR.

2018 INSC 529Disposed off

The accused, a film producer, was charged with rape, kidnapping, criminal intimidation, and related offences under the IPC. He had earlier obtained anticipatory bail, which was cancelled for not disclosing a pending 2G Spectrum case, but later secured regular bail under Section 439 of the CrPC by …

THE AUTHORISED OFFICER, STATE BANK OF INDIAversusM/S ALLWYN ALLOYS PVT. LTD. AND ORS.

2018 INSC 536Appeal(s) allowed

The bank created an equitable mortgage over a flat by taking a loan from the directors of Allwyn Alloys. When the loan defaulted, the DRT and DRAT upheld the bank’s security and rejected the claim of the flat’s occupants (respondents 5 and 6) who relied on a later unregistered MOU. The High Court, …

KIRAN PAL SINGHversusTHE STATE OF UTTAR PRADESH & ORS.

2018 INSC 530Dismissed

Kiran Pal Singh, the Pramukh of a Kshettra Panchayat in Uttar Pradesh, challenged a second notice of a no‑confidence motion issued by the Collector, arguing that Section 15(12) of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Act, 1961 barred any subsequent notice within a year of the …

AMRIT PAUL SINGH & ANR.versusTATA AIG GENERAL INSURANCE CO. LTD. & ORS.

2018 INSC 531Dismissed

The claimants filed a petition under Section 166 of the Motor Vehicles Act for compensation after a truck, allegedly without a valid permit, struck a motorcycle on 19‑02‑2013, causing the rider's death. The insurer contended that the vehicle was unpermitted and the driver unlicensed, invoking …

KALPANA MEHTA AND OTHERSversusUNION OF INDIA AND OTHERS

2017 INSC 314Reference answered

The case arose from public interest litigation challenging the clinical trials of the Human Papilloma Virus (HPV) vaccine on adolescent girls in Gujarat and Andhra Pradesh, alleging irregularities and health risks. The petitioners relied on reports of the Parliamentary Standing Committee on Health …

PRAMOD LAXMAN GUDADHEversusELECTION COMMISSION OF INDIA AND ORS.

2018 INSC 464Dismissed

Petitioner Pramod Laxman Gudadhe filed a PIL challenging the Election Commission's decision to hold a bye‑election after the resignation of the Lok Sabha member from Bhandara‑Gondiya constituency. He argued that the remaining term would be less than one year, making the election futile and an undue …

ORIENTAL INSURANCE COMPANY LIMITEDversusM/S. NARBHERAM POWER AND STEEL PVT. LTD.

2018 INSC 438Appeal(s) allowed

The appellant Oriental Insurance Company Ltd issued a fire industrial all‑risk policy to the respondent M/s Narbheram Power and Steel Pvt. Ltd. After a cyclone caused alleged losses, the insurer repudiated the claim, refusing to accept liability and declined to refer the dispute to arbitration. The …

ALAKH ALOK SRIVASTAVAversusUNION OF INDIA & ORS.

2018 INSC 433Disposed off

Alakh Alok Srivastava filed a writ petition seeking medical care and compensation for an eight‑month‑old girl who was a victim of an offence under the Protection of Children from Sexual Offences (POCSO) Act, and also sought directions for speedy disposal of POCSO cases across the country. The Court …

MOHAR SAI AND ANR.versusGAYATRI DEVI AND ORS.

2018 INSC 429Dismissed

The deceased Krishna Kumar Sahu died in a motorcycle accident; his heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that the motorcycle was driven by the appellant's son, Prem Lal Rajawade, whose rash driving caused …

TAMIL NADU MEDICAL OFFICERS ASSOCIATION AND ORS.versusUNION OF INDIA AND ORS.

2018 INSC 332Disposed off

The Tamil Nadu Medical Officers Association challenged Regulation 9(iv) and 9(vii) of the Post‑Graduate Medical Education Regulations, 2000, alleging that the provisions barred states from creating a separate entry stream for in‑service doctors seeking postgraduate degree seats and were violative of …

CHERAN PROPERTIES LIMITEDversusKASTURI AND SONS LIMITED AND ORS.

2018 INSC 394Dismissed

The dispute arose from a share purchase agreement where KCP and its nominees, including Cheran Properties Limited (the appellant), were to acquire shares of SPIL from KSL. The parties later entered arbitration, which awarded KSL the return of share documents and payment of Rs 3.58 crore. The award …

TEHSEEN POONAWALLAversusUNION OF INDIA AND ANR.

2018 INSC 369Disposed off

The Supreme Court examined petitions filed under Article 32 seeking an inquiry into the death of Judge Brijgopal Harkishan Loya, who died on 1 December 2014 while presiding over the Sohrabuddin case. The petitioners relied on media reports alleging foul play and questioned the conduct of the judges …

ASOK PANDEversusSUPREME COURT OF INDIA THR. ITS REGISTRAR AND ORS.

2018 INSC 326Dismissed

Asok Pandey, a member of the Bar, filed a writ petition under Article 32 seeking mandamus directing the Supreme Court to prescribe a fixed procedure for constituting benches—three‑judge benches to consist of the Chief Justice of India and the two senior‑most judges, and Constitution benches to …

CHHOTANBEN AND ANR.versusKIRITBHAI JALKRUSHNABHAI THAKKAR AND ORS.

2018 INSC 319Appeal(s) allowed

The plaintiffs, sisters and co‑owners of ancestral land, alleged that their brothers fraudulently executed a registered sale deed in 1996, forging their signatures and thumb impressions, and transferred the property without their knowledge. Upon discovering the fraud in late 2012, they filed a suit …

SHAFIN JAHANversusASOKAN K. M. & ORS.

[2018] 4 S.C.R. 955Appeal(s) allowed

The case arose from a habeas corpus petition filed by the father of Hadiya (respondent No.9), alleging that his adult daughter was being illegally detained and might be taken abroad. Hadiya appeared before the Kerala High Court, asserted her freedom of choice, and later disclosed that she had …

BHARTIBEN NAYABHA KER AND ORSversusSIDABHA PETHABHA MANKE AND ORS

2018 INSC 305Appeal(s) allowed

The deceased, Nayabha Mapbha Ker, died in a motor‑vehicle collision in 1993. His heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 7.78 million with interest at 12% per annum; the Gujarat High Court added Rs 33,000 for loss of life, …

MANGLA RAMversusTHE ORIENTAL INSURANCE CO. LTD. & ORS.

2018 INSC 311Appeal(s) allowed

Mangla Ram, a motorcyclist, was hit by a jeep (No. RST‑4701) driven by respondent No.2, resulting in amputation of his right leg. The Motor Accident Claims Tribunal awarded compensation but reduced it on the ground that the claimant contributed to the accident by riding on the wrong side of the …

SHIVAWWA AND ANRversusTHE BRANCH MANAGER, NATIONAL INDIA INSURANCE CO. LTD. AND ANR.

2018 INSC 285Appeal(s) allowed

The deceased, Chanabasayya, was killed when he fell from a tractor‑trailer owned by respondent No.2 while returning from unloading maize at Holealur. His father filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation from the insurer (respondent No.1), the vehicle owner …

MOHINDER SINGH (DEAD) THROUGH LRS.versusPARAMJIT SINGH & ORS.

2018 INSC 283Appeal(s) allowed

The case concerned a suit for possession of ancestral land that had been alienated by a gift deed. The original plaintiff, Mohinder Singh, obtained a declaratory decree in 1963 based on a compromise, but the decree was conditional on the death of the donor, Ujjagar Singh, which occurred in 1971. The …

NGT BAR ASSOCIATION (WESTERN ZONE)versusUNION OF INDIA & ORS.

[2018] 3 S.C.R. 65Directions issued

The NGT Bar Association (Western Zone) filed a writ petition under Article 32 seeking clarification on the appointment of an acting Chairperson of the National Green Tribunal after the incumbent’s term ended. The issue centered on the interpretation of Section 11 of the National Green Tribunal Act, …

SHAKTI VAHINIversusUNION OF INDIA AND OTHERS

2018 INSC 266Disposed off

The petition sought directions to the Union and State governments to prevent honour crimes, including honour killings, by mandating a national and state plan of action, special cells, and prosecution of offenders. The Court held that any torture or interference with an adult's choice of marriage, …

MADIRAJU VENKATA RAMANA RAJUversusPEDDIREDDIGARI RAMACHANDRA REDDY & ORS.

2018 INSC 249Appeal(s) allowed

The appellant challenged the election of respondent No.1 to the Andhra Pradesh Legislative Assembly on the ground that the Returning Officer had improperly accepted the respondent's nomination form, which contained blank columns and lacked signatures on each page, violating the Representation of …

UNION OF INDIAversusINDIAN RADIOLOGICAL AND IMAGING ASSOCIATION AND ORS. ETC. ETC.

2018 INSC 236Disposed off

The Union of India appealed against a Delhi High Court judgment that struck down Rule 3.3(1)(b) of the PCPNDT Rules, 1996 and Rule 6 of the Six‑Months Training Rules, 2014 on the ground that the Act did not empower the Central Government to prescribe qualifications or training for persons using …

UNION OF INDIA AND ANR.versusRAGHUWAR PAL SINGH

2018 INSC 234Appeal(s) allowed

The respondent was appointed as Veterinary Compounder in the Central Cattle Breeding Farms in 1999 by the then Director In‑charge without obtaining prior written approval of the competent authority as required by the Central Cattle Breeding Farms (Class III and IV) Recruitment Rules, 1969. The …

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

2018 INSC 223Disposed off

The petitioner, Common Cause, a registered society, filed a writ petition under Article 32 seeking a declaration that the right to die with dignity is a fundamental right under Article 21 of the Constitution, and for directions to recognize 'living wills' or advance directives. The case was referred …

STATE OF KARNATAKA AND ANR.versusM/S DURGA PROJECTS INC

2018 INSC 205Dismissed

M/s Durga Projects Inc, a civil works contractor registered under the Karnataka Value Added Tax (KVAT) Act, 2003 and the Central Sales Tax Act, sought clarification from the Authority for Advance Clarification and Ruling on the tax rate applicable to works contracts before 1 April 2006. The AAR held …

S. THANGARAJversusNATIONAL INSURANCE CO. LTD. REP. BY THE BRANCH MANAGER

2018 INSC 208Appeal(s) allowed

The appellant, S. Thangaraj, a 26‑year‑old loadman, suffered multiple fractures and complete loss of sensation below the abdomen in a motor accident on 1 August 2004. The Motor Accident Claims Tribunal awarded him Rs 11,27,359 as compensation, assessing his disability at 70% and granting interest at …

BHARATI REDDYversusTHE STATE OF KARNATAKA & ORS.

2018 INSC 213Appeal(s) allowed

The appellant, Bharati Reddy, was elected Adhyaksha of a Zilla Panchayat after obtaining an Income and Caste Certificate from the Tahsildar. Unsuccessful candidates alleged that the certificate was fraudulently obtained, that the appellant’s affidavits contained contradictory income disclosures, and …

JAGDISH KUMAR SOODversusUNITED INDIA INSURANCE CO. LTD. AND ORS

2018 INSC 209Appeal(s) allowed

The husband of the third respondent died in a motor accident caused by a collision with a truck. The Motor Accident Claims Tribunal awarded compensation but absolved United India Insurance Co. Ltd., the insurer, on the ground that the vehicle was a Light Goods Vehicle and the driver lacked a …

ANDANUR KALAMMA AND ORS.versusGANGAMMA (DEAD) BY L.RS.

2018 INSC 204Dismissed

The appellants sought a declaration of ownership and possession of a 23‑acre land that had been auctioned in 1966 to satisfy income‑tax arrears. The auction sale was confirmed by the Deputy Commissioner, but the appellant’s predecessor challenged the confirmation under Section 177 of the Karnataka …

JAGDISHversusMOHAN & ORS.

2018 INSC 211Appeal(s) allowed

The appellant, a self‑employed skilled carpenter, suffered a motor‑vehicle accident resulting in loss of use of both hands and a 90% permanent disability. The Motor Accident Claims Tribunal awarded Rs 12,81,228 based on a monthly income of Rs 4,050, while the High Court added Rs 2,19,000; the …

DWARIKA PRASADversusSTATE OF UTTAR PRADESH AND ORS.

2018 INSC 210Disposed off

The appellant, a guarantor, created an equitable mortgage over his property to secure a loan that later defaulted. The bank invoked the SARFAESI Act and initiated auction proceedings, which the appellant attempted to halt by offering partial payment and filing writ petitions. The High Court stayed …

SINGH RAMversusNIRMALA AND ORS.

2018 INSC 206Dismissed

The accident occurred on 22 March 2010 when a motor‑cycle, owned and driven by the appellant, collided, killing Sunil Kumar. The appellant did not possess a valid driving licence at the time; the licence he produced was found to be fake and the other licence he attempted to produce had expired and …

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusAJAY KUMAR MOHANTY & ANR.

2018 INSC 207Disposed off

The claimant, Ajay Kumar Mohanty, suffered a 55% temporary disability in a motor accident. The Motor Accident Claims Tribunal awarded Rs 22,85,322 compensation, assuming permanent disability and using inconsistent income figures. The insurer appealed; the High Court reduced the award to Rs 12,00,000 …

SITARAMversusRADHEY SHYAM VISHNAV & ORS.

2018 INSC 212Appeal(s) allowed

The appellant Sitaram was elected Chairperson of a municipal corporation, but the defeated candidate Radhey Shyam Vishnav filed an election petition under the Rajasthan Municipalities Election Petition Rules, 2009. The petition was filed without the mandatory treasury challan of Rs 1,000 required by …

THE STATE OF TAMIL NADU REP. BY SEC. AND ORS.versusK. BALU AND ANR.

2018 INSC 188Disposed off

The Supreme Court considered applications by the States of Mizoram and Assam seeking exemption from the 500‑metre distance requirement for liquor outlets imposed by its earlier judgment in State of Tamil Nadu v. K. Balu. The Court had previously exempted Meghalaya, Sikkim and Arunachal Pradesh on …

THE STATE OF TAMIL NADU REP. BY SEC. AND ORSversusK. BALU AND ANR.

2018 INSC 188Disposed off

The Supreme Court was asked to interpret paragraph 7 of its 11 July 2017 order, which dealt with prohibiting the sale of liquor along highways but clarified that it did not apply to licensed establishments within municipal areas. The petitioners sought a further clarification to determine whether …

THE STATE OF TAMIL NADU REP. BY SEC. AND ORS.versusK. BALU AND ANR.

2018 INSC 188Directions issued

The State of Himachal Pradesh filed a petition seeking the same liquor‑sale concession that the Supreme Court had granted to the State of Uttarakhand for its hilly districts. The Court noted its earlier order of 31 March 2017, which limited Himachal Pradesh’s exemption to areas with local bodies of …

KUDRAT SANDHUversusUNION OF INDIA AND ANR.

2018 INSC 185Directions issued

The petition sought judicial directions on the selection of chairpersons, judicial, administrative, technical and expert members of various tribunals under the Tribunal, Appellate Tribunal and Other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2017. The …

LIFE INSURANCE CORPORATION OFversusNANDINI J. SHAH & ORS

2018 INSC 178Appeal(s) allowed

The Life Insurance Corporation of India (LIC) sought eviction of several respondents from a licensed premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Estate Officer ordered eviction; the respondents appealed to the Appellate Officer, identified as the District …

STATE OF KARNATAKA BY ITS CHIEF SECRETARYversusSTATE OF T. N. BY ITS CHIEF SECRETARY [DIPAK MISRA, CJI] 829 THE STATE OF KARNATAKA BY ITS CHIEF SECRETARYSTATE OF TAMIL NADU BY ITS CHIEF SECRETARY & ORS.

2018 INSC 153Disposed off

The Supreme Court adjudicated appeals against the Cauvery Water Disputes Tribunal's 2007 award allocating waters of the inter-State river Cauvery among Karnataka, Tamil Nadu, Kerala, and Puducherry. The Court upheld the Tribunal's adoption of the principle of equitable apportionment as recognized in …

ARCHIT SAINI AND ANR.versusTHE ORIENTAL INSURANCE COMPANY LTD. AND ORS.

2018 INSC 128Case Partly allowed

On 15 December 2011 a gas tanker was parked in the middle of a busy highway without indicators, causing a Maruti car to collide with it; the car driver and a passenger died and two others were injured. The claimants filed a claim under s.166 of the Motor Vehicles Act, 1988 and the Motor Accident …

SUBE SINGH AND ANR.versusSHYAM SINGH (DEAD) AND ORS.

2018 INSC 126Appeal(s) allowed

In a motor accident on 22 September 2009, Ajit Singh, aged 23, died, and his parents filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal initially applied a multiplier of 15 based on the parents' age, which the High Court reduced to …

VIJAY KUMAR RASTOGIversusUTTAR PRADESH STATE ROADWAYS TRANSPORT CORPORATION

2018 INSC 129Appeal(s) allowed

Vijay Kumar Rastogi suffered severe injuries in a bus accident in 2005 and claimed compensation under the Motor Vehicles Act. The Motor Accident Claims Tribunal awarded compensation but calculated loss of income only on his net salary of Rs 44,511, ignoring income from bank interest and commission …

DR. AKSHYA BISOI AND ANOTHERversusALL INDIA INSTITUTE OF MEDICAL SCIENCES & OTHERS

2018 INSC 102Dismissed

Two cardiac surgeons (Dr. Akshya Bisoi and Dr. Ujjwal Chowdhury) employed at AIIMS filed a writ petition under Article 32 seeking a mandamus directing AIIMS to determine that they were senior to Dr. Shiv Kumar Choudhary, the fourth respondent, based on the 1997 selection policy which they argued …

NAVEEN KUMAR V. VIJAY KUMAR AND ORS.versusVIJAY KUMAR AND ORS.

2018 INSC 100Appeal(s) allowed

A motor vehicle registered in the name of Vijay Kumar (the first respondent) struck two pedestrians, killing one and injuring another. The vehicle had allegedly been sold through a chain of transfers before the accident, but the registration certificate remained in Vijay Kumar's name. The Motor …

IQ CITY FOUNDATION & ANR.versusUNION OF INDIA & ORS.

2018 INSC 101Disposed off

IQ City Foundation, a medical college, applied for renewal of its permission under Section 10‑A of the Medical Council Act, 1956 to admit 150 MBBS students for the 2017‑18 academic year. The Medical Council of India (MCI) inspection and the subsequent Hearing Committee found a faculty deficiency of …

RELIANCE GENERAL INSURANCE COMPANY LTD.versusSHALU SHARMA & ORS.

2018 INSC 94Disposed off

A 42‑year‑old self‑employed businessman died in a motor accident caused by the negligence of a driver whose vehicle was insured by Reliance General Insurance. The Motor Accident Claims Tribunal awarded compensation of Rs 30,26,810, including a 30% addition for loss of future prospects. The insurer …

THE ANIMAL WELFARE BOARD OF INDIA & ORS.versusUNION OF INDIA & ORS.

2018 INSC 89Matter referred to larger bench

The Animal Welfare Board of India and others filed writ petitions seeking to quash a 2016 Union notification and to compel compliance with the Supreme Court's earlier judgment in Animal Welfare Board of India v. A. Nagaraja. While the petitions were pending, the Tamil Nadu Amendment to the …

RAMBEER SHOKEENversusSTATE OF NCT OF DELHI

2018 INSC 76Dismissed

Rambeer Shokeen was arrested on 1 December 2016 in connection with offences under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) and the Arms Act. The prosecution filed an application on 28 February 2017 for an extension of time to file the charge‑sheet, which was pending when the …

M/S NEERJA REALTORS PVT LTDversusJANGLU (DEAD) THR. LR.

2018 INSC 67Dismissed

M/s Neerja Realtors Pvt Ltd sued the deceased Janglu for specific performance of a land sale agreement. The trial court issued summons, but the bailiff reported that the defendant had vacated the premises and the summons were returned unserved. An application for substituted service under Order V …

RAMRAO LALA BORSE AND ANRversusNEW INDIA ASSURANCE COMPANY LTD. AND ANR

2018 INSC 43Appeal(s) allowed

The parents of Deepak, a 29‑year‑old assistant teacher who died in a bus‑truck collision, filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation of Rs 61.20 million using a multiplier of 17 based on the deceased’s age, plus …

PAPPU AND ORS.versusVINOD KUMAR LAMBA AND ANR.

2018 INSC 36Disposed off

The widowed wife of Om Prakash, who died in a road accident on 12‑08‑1995 when his truck was struck by Truck No. DIL‑5955, filed a claim for compensation under the Motor Vehicles Act, 1988. The offending truck was comprehensively insured by National Insurance Co. Ltd. (respondent No.2). The Motor …

ATUL THAKURversusSTATE OF HIMACHAL PRADESH ETC. ETC.

2018 INSC 37Case Partly allowed

The appellant, Atul Thakur, attacked Hitesh Thakur with a knife during a sudden quarrel at a drink party, inflicting six injuries that later caused Hitesh's death. The trial court convicted him of culpable homicide not amounting to murder under Section 304 Part‑II IPC and sentenced him to five …

SHRI NAGAR MAL AND ORS.versusTHE ORIENTAL INSURANCE COMPANY LTD. AND ORS.

2018 INSC 42Appeal(s) allowed

The appellant's 20‑year‑old son died in a road accident and the claim for compensation was filed before the Motor Accident Claims Tribunal (MACT). The Tribunal rejected the father's income certificates claiming the deceased earned Rs 15,000 per month and instead fixed his income at Rs 6,000 per …

ANIL & ORSversusNEW INDIA ASSURANCE CO. LTD. & ORS

2018 INSC 40Dismissed

The case involved a claim for compensation under the Motor Vehicles Act after a tractor allegedly ran over Ram Kanwar, resulting in his death. The Motor Accident Claims Tribunal had awarded Rs. 21,38,000 to the claimants, finding the tractor driver negligent, but the Punjab and Haryana High Court …

RUSSEL JOYversusUNION OF INDIA & ORS.

2018 INSC 24Disposed off

The petitioners, led by Russell Joy, filed a writ under Article 32 seeking a mandamus directing the Union Government to appoint an international agency to assess the lifespan of the 121‑year‑old Mullaperiyar Dam and to order its de‑commissioning, alleging that the dam, originally designed for a …

SHYAM NARAYAN CHOUKSEYversusUNION OF INDIA & OTHERS

2018 INSC 14Disposed off

Shyam Narayan Chouksey filed a writ petition under Article 32 seeking directions to ensure public respect for the National Anthem, including a mandatory requirement that all cinema halls play the anthem before feature films and that audiences stand. The Supreme Court’s interim order of 30 November …

JUSTICE K S PUTIASWAMY (RETD.), AND ANR.versusUNION OF INDIA AND ORS

2017 INSC 1235Directions issued

The Supreme Court, hearing Justice K.S. Puttaswamy (Retd.) v. Union of India (Writ Petition No. 494 of 2012), considered interim orders that limited the use of Aadhaar to six government schemes and made its linkage voluntary pending a final decision. The petitioners argued that the Union could not …

SRI DINESH KUMAR J. @ DINESH J.versusNATIONAL INSURANCE CO. LTD. & ORS .

2017 INSC 1247Case Allowed

The appellant, a 26‑year‑old motorcyclist, was injured in a collision with a mini‑lorry owned by the second and third respondents and insured by the first respondent. He claimed Rs 40 lakhs compensation, but the Motor Accident Claims Tribunal assessed his permanent disability at 10% and awarded Rs 9 …

RAJ KUMAR BHATIAversusSUBHASH CHANDER BHATIA

2017 INSC 1240Appeal(s) allowed

The suit concerned possession of a property claimed to be joint Hindu family property. The appellant, Raj Kumar Bhatia, sought to amend his written statement to elaborate that the property was coparcenary undivided HUF, an argument already contained in his original statement. The Trial Court allowed …

TEESTA ATUL SETALVADversusTHE STATE OF GUJARAT

2017 INSC 1239Dismissed

The Supreme Court examined whether the police could lawfully freeze the bank accounts of Teesta Atul Setalvad, Javed Anand and related trusts under Section 102 of the Criminal Procedure Code (CrPC) without prior notice to the account holders. The investigation, stemming from an FIR alleging …

HARPAL SINGHversusASHOK KUMAR & ANR.

2017 INSC 1246Dismissed

The respondents filed a suit for possession of land under Section 6 of the Specific Relief Act, which was decreed ex‑parte. During execution, the appellant objected that the suit was barred by Section 185 of the Delhi Land Reforms Act because the land was agricultural. The executing court held that …

HALAPPAversusMALIK SAB

2017 INSC 1249Appeal(s) allowed

The appellant, a 28‑year‑old agriculturist, suffered total paralysis when a tractor at a demonstration turned turtle and fell on him. He claimed compensation before the Motor Accident Claims Tribunal, which awarded Rs.8,66,000 based on his disability and loss of earning capacity. The insurer …

THE STATE OF JHARKHAND & ORS.versusMIS HINDUSTAN CONSTRUCTION CO. LTD.

2017 INSC 977Disposed off

The State of Jharkhand appealed against an award made by an arbitrator appointed by the Supreme Court, contending that the Court could not entertain an application to make the award a rule of court merely because it retained seisin over the arbitration. The Supreme Court examined the scope of …

DR. SABU MATHEW GEORGEversusUNION OF INDIA & ORS.

2017 INSC 1221Disposed off

Dr. Sabu Mathew George filed a writ petition under Article 32 seeking directions to block online advertisements and content facilitating sex selection, and to compel Google India, Yahoo! India and Microsoft Corporation to comply with the Pre‑conception and Pre‑natal Diagnostic Techniques …

PRATEEK GUPTAversusSHILPY GUPTA & ORS.

2017 INSC 1195Appeal(s) allowed

Prateek Gupta (father) appealed a Delhi High Court order that directed him to hand over his five‑year‑old son Aadvik, a U.S. citizen, to his wife Shilpi Gupta (mother) after she filed a writ of habeas corpus. The father had taken the child to India in 2015 without the mother’s consent, and the …

MANOHAR LAL SHARMAversusSANJAY LEELA BHANSALI & ORS.

2017 INSC 1156Dismissed

The petitioner, Manohar Lal Sharma, filed a writ petition under Article 32 seeking a direction that the film "Padmavati" not be exhibited abroad without a certificate from the Central Board of Film Certification (CBFC) and that the CBI register an FIR against the film's producers under Section 7 of …

MEDICAL COUNCIL OF INDIAversusQ.C.R.G. MEMORIAL TRUST & ORS.

2017 INSC 1132Appeal(s) allowed

The Supreme Court entertained Civil Appeal No. 19662 of 2017 filed by the Medical Council of India against the G.C.R.G. Memorial Trust, which had been debarred from admitting medical students for the 2017‑18 and 2018‑19 academic years. The High Court, despite a Supreme Court order dated 28‑08‑2017 …

UNION OF INDIAversusAKHILA BHARATHIYA ADIVASI VIKASA PARISHAD & ORS.

[2017] 11 S.C.R. 251Disposed off

The Union of India moved a transfer petition under Article 139A seeking to shift a writ petition (Civil) No. 15798 of 2009, pending before the Andhra Pradesh High Court, to the Supreme Court. The High Court writ challenged the constitutional validity of the Scheduled Tribes and Other Traditional …

THE STATE OF TAMIL NADU REP. BY SEC. & ORS.versusK. BALU & ANR.

[2017] 14 S.C.R. 614Disposed off

The Supreme Court was approached by the State of Tamil Nadu for clarification of its 15 December 2016 order that prohibited the grant of liquor licences along national and state highways, including stretches within municipal limits. The Court clarified that the purpose of the order is to curb liquor …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND ANOTHER

2017 INSC 1091Matter referred to larger bench

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

ROHIT TANDONversusTHE ENFORCEMENT DIRECTORATE

2017 INSC 1096

The Supreme Court dismissed the appeals of Rohit Tandon challenging the denial of regular bail under the Prevention of Money Laundering Act (PMLA). The Court held that the threshold conditions of Section 45 of the PMLA were not satisfied, as the prosecution presented substantial evidence of the …

NATIONAL INSURANCE COMPANY LIMITEDversusPRANAY SETHI AND ORS.

2017 INSC 1068Reference answered

The Supreme Court examined the computation of compensation under Sections 163‑A, 166 and 168 of the Motor Vehicles Act, 1988 in death claims, focusing on the appropriate multiplier, the addition of future prospects to the deceased's income, and the quantification of conventional heads such as loss …

INDIAN YOUNG LAWYERS ASSOCIATION & ORS.versusSTATE OF KER,ALA & ORS.

2017 INSC 1040Matter referred to larger bench

The petitioners sought a writ directing the Kerala government, the Travancore Devaswom Board and the chief priest of Sabarimala to allow women aged 10‑50 to enter the Ayyappa temple, challenging Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 as …

SANTHINIversusVIJAYA VENKETESH

2017 INSC 1023Reference answered

The Supreme Court examined whether video conferencing could be used in matrimonial disputes under the Family Courts Act, 1984, particularly in transfer petitions. It held that Section 11 of the Act obliges the court to hold proceedings in camera if either party desires, and that allowing video …

MOHAMMED FAIZAL K.A.versusD. SALI AND ORS.

2017 INSC 1000Appeal(s) allowed

The appellant, a police officer, challenged the promotion and seniority of respondent No.1, who was granted notional promotion to Deputy Superintendent of Police for 2001 despite a 1997 punishment of a two‑year increment bar. The High Court had directed inclusion of respondent No.1 in the 2001 …

PONNAIYAH RAMAJAYAM INSTITUTE OF MEDICAL SCIENCESversusUNION OF INDIA AND ANOTHER

2017 INSC 978Disposed off

The Ponnaiyah Ramajayam Institute of Medical Sciences (PRIMS) applied for a Letter of Permission (LOP) to start a new medical college for the 2016‑17 academic year and sought renewal for 2017‑18. Conditional LOP was granted for 2016‑17, but subsequent inspections by the Medical Council of India …

ANNAII MEDICAL COLLEGE & HOSPITAL AND ANR.versusUNION OF INDIA AND ANR.

2017 INSC 903Disposed off

The petitioners, Annaii Medical College, sought confirmation of a conditional Letter of Permission (LOP) for the 2016‑17 MBBS session and relief from a decision that barred them from admitting students for 2017‑18 and 2018‑19 and authorised the Medical Council of India (MCI) to encash a Rs 2 crore …

KARPAGAM FACULTY OF MEDICAL SCIENCES . AND RESEARCHversusUNION OF INDIA AND ORS.

2017 INSC 904Disposed off

The appellant, Karpagam Faculty of Medical Sciences & Research, challenged the Central Government's order that barred it from admitting MBBS students for the 2017‑18 session and denied recognition under Section 11(2) of the Indian Medical Council Act, 1956. The college argued that successive …

MAJOR S D SINGH MEDICAL COLLEGE AND HOSPITAL & ANRversusUNION OF INDIA AND ORS

2017 INSC 888Disposed off

The Supreme Court examined a writ petition filed by Major S.D. Singh Medical College and Hospital challenging the Union Government’s order, based on the Medical Council of India’s (MCI) recommendation, that barred the college from admitting MBBS students for the 2017‑18 academic year and directed …

ROYAL MEDICAL TRUST AND ANOTHERversusUNION OF INDIA AND ANOTHER

2017 INSC 889Disposed off

The Royal Medical Trust, which runs Kerala Medical College, applied for a Letter of Permission (LOP) to admit 150 MBBS students for the 2017‑18 academic year. After a surprise inspection by the Medical Council of India (MCI) revealed several deficiencies, the Central Government barred the college …

VARUNARJUN TRUST & ANR.versusUNION OF INDIA & ORS.

2017 INSC 890Disposed off

The petitioners, Varunarjun Trust, applied for a new medical college and were granted a conditional Letter of Permission (LOP) for the 2016‑17 session. Subsequent assessments by the Medical Council of India (MCI) revealed significant deficiencies in faculty (16.79%) and residents (21.73%), as well …

SUBHARTI MEDICAL COLLEGEversusUNION OF INDIA AND ORS.

2017 INSC 879Disposed off

Subharti Medical College sought to increase its MBBS intake from 100 to 150 seats for the 2017‑18 session. The Medical Council of India (MCI) inspection flagged several deficiencies, most notably a low bed‑occupancy rate of 55.27%, while the Hearing Committee found no fault with faculty, residents …

STATE OF U P THR. ITS SECRETARY & ORSversusMERAJ AHMAD

2017 INSC 869Disposed off

Meraj Ahmad was appointed temporarily as a Livestock Development Assistant in 1983 and was terminated in April 1984 after an FIR under Section 302 IPC was lodged against him. He was acquitted of the murder charge in October 1985 and, in February 1989, voluntarily sought a fresh appointment, …

THE STATE OF PUNJAB & ANOTHERversus. DHARAM PAL

2017 INSC 850Dismissed

The respondent, a government employee, was appointed on an officiating basis to Superintendent Grade II in 2004 and later to Superintendent Grade I in 2007, with orders stipulating that he would continue on his own pay scale pending departmental promotion committee approval. He retired in 2008 and …

KRISHNA MOHAN MEDICAL COLLEGE AND HOSPITAL & ANR.versusUNION OF INDIA AND ANOTHER

2017 INSC 845Hearing Adjourned

Krishna‑Mohan Medical College & Hospital challenged a Union of India order that barred it from admitting MBBS students for 2017‑18 and 2018‑19 and authorised the Medical Council of India to encash a Rs 2‑crore bank guarantee, on the ground of alleged faculty and resident‑doctor deficiencies and …

SARASWATI EDUCATIONAL CHARITABLE TRUST AND ANR.versusUNION OF INDIA AND ANR.

2017 INSC 841Case Allowed

The Saraswati Educational Charitable Trust sought to establish a medical college and was granted conditional permission for the 2016-17 session. The Medical Council of India (MCI) conducted an inspection in November 2016, finding only minor deficiencies (faculty 1.5% and residents 6.52%) within …

SHRI GANGAJALI EDUCATION SOCIETY & ANR.versusUNION OF INDIA AND ORS.

2017 INSC 832Appeal(s) allowed

Shri Gangajali Education Society applied to the Ministry of Health & Family Welfare (MHFW) for a Letter of Permission to start a medical college. The Medical Council of India (MCI) found several deficiencies and recommended rejection, but the Supreme Court‑constituted Oversight Committee (OC) later …

KANACHUR ISLAMIC EDUCATION TRUST (R)versusUNION OF INDIA AND ANOTHER

2017 INSC 824Case Allowed

The Kanachur Islamic Education Trust sought confirmation of the conditional Letter of Permission (LOP) granted to its medical college for the 2016-17 academic year and extension for 2017-18, after the Union of India and the Medical Council of India (MCI) debarred the college and ordered encashment …

DR. JAGAT NARAIN SUBHARTI CHARITABLE TRUST AND ANR.versusUNION OF INDIA AND ORS.

2017 INSC 825Case Allowed

The Dr. Jagat Narain Subharti Charitable Trust applied for permission to establish a new medical college in Dehradun for the 2016‑17 session. The Medical Council of India (MCI) flagged deficiencies in faculty, residents, OPD attendance, bed occupancy and questioned land‑ownership compliance, leading …

STATE OF GUJARAT AND ANOTHERversusTHE L.R.C.G. AND OTHERS

2017 INSC 818Appeal(s) allowed

The Gujarat High Court, in a public‑interest litigation, directed the State to compensate trusts and institutions for religious places damaged in the 2002 communal riots and appointed special officers to assess claims. The State responded by framing an ex‑gratia scheme limiting assistance to Rs …

STATE OF PUNJAB & ORS.versusTHE SENIOR VOCATIONAL STAFF MASTERS ASSOCIATION

2017 INSC 769Dismissed

The case concerned the pay‑scale disparity between Vocational Masters and Vocational Lecturers in Punjab schools. The State Government had issued a notification on 16 July 2003 restricting the higher pay‑scale (Rs.6,400‑10,640) to only those Vocational Masters appointed before 8 July 1995 and …

MS. ZversusTHE STATE OF BIHAR AND OTHERS

2017 INSC 756Appeal(s) allowed

Ms. Z, a 35‑year‑old destitute woman with mild mental retardation and HIV‑positive status, alleged that she had been raped and sought termination of her 18‑week pregnancy under the Medical Termination of Pregnancy Act, 1971. The government hospital failed to perform the termination, involving the …

UNION OF INDIA AND ORS.versusEX LAC NALLAM SHIVA

2017 INSC 732Case Partly allowed

Corporal Nallam Shiva of the Indian Air Force overstayed his casual leave of about one and a half years without informing his superiors, leading to his conviction for desertion and overstaying leave under the Air Force Act, 1950. The District Court Martial sentenced him to rigorous imprisonment, …

J. VASANTHI & ORS.versusN. RAMAN! KANTHAMMAL (D) REP. BY LRS. & ORS.

2017 INSC 731Appeal(s) allowed

The original plaintiff, J. Vasanti & Ors., filed a suit seeking a declaration that several sale deeds relating to her inherited property were null and void and also sought a permanent injunction. The defendants argued that the plaintiff, being a party to the sale deeds, was effectively seeking …

VASANT RAO GUHEversusSTATE OF MADHYA PRADESH

2017 INSC 718Appeal(s) allowed

Vasant Rao Guhe, a Sub‑Engineer, was charged under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known sources of income. The trial court, and later the High Court, computed his income and expenditures by making presumptive calculations and altered the charge …

U. MANJUNATH RAOversusU. CHANDRASHEKAR & ANR.

2017 INSC 708Appeal(s) allowed

The appellant challenged a Karnataka High Court judgment that dismissed a first appeal against a trial court order directing rectification of a partition deed. The High Court had merely reproduced portions of the trial court judgment and quoted documents without analysing the evidence or addressing …

IQ CITY FOUNDATION & ANR.versusUNION OF INDIA & ORS.

2017 INSC 693Dismissed

IQ City Medical College applied for renewal of its MBBS intake for the 2017‑18 academic year. The Medical Council of India (MCI) inspection identified deficiencies and recommended non‑renewal. A Hearing Committee found the deficiencies insufficient to deny renewal, but the Central Government sent …

SGT CHAMAN LALversusUNION OF INDIA AND OTHERS

2017 INSC 662Dismissed

The appellant, Sergeant Chaman Lal, a disabled airman classified as medical category A4G4 (P), claimed that he was discriminated against in promotion to Junior Warrant Officer because officers with higher disability percentages were promoted. He relied on Section 47 of the Persons with Disabilities …

MS. EERA THROUGH DR. MANJULA KRIPPENDORFversusSTATE (GOVT. OF NCT OF DELHI) & ANR.

2017 INSC 658Disposed off

The appeal concerned the interpretation of Section 2(d) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, where the appellant, a mentally retarded adult, argued that "age" should include mental age so that she could be treated as a child. The Court examined the POCSO Act's …

VIKRAM SINGH @ VICKY WALIA AND ANR.versusSTATE OF PUNJAB AND ANR.

2017 INSC 594Dismissed

The petitioners Vikram Singh, Jasvir Singh and a third accused were convicted under Sections 302, 364A, 201 and 120B of the IPC and sentenced to death, with the death sentence of the female co‑accused later commuted to life imprisonment. They filed review petitions challenging the Supreme Court’s …

ROGER SHASHOUA & OTHERSversusMUKESH SHARMA & OTHERS

2017 INSC 589Appeal(s) allowed

The parties entered into a shareholders' agreement that stipulated arbitration under ICC Rules with the venue in London and the agreement governed by Indian law. The appellants argued that, based on the English court's interpretation and the Supreme Court's endorsement in BALCO and Enercon, the seat …

INDOFIL INDUSTRIES LTD. AND ORS.versusSTATE OF PUNJAB

2017 INSC 585Dismissed

Indofil Industries Ltd. and others were prosecuted under the Insecticides Act for a misbranded insecticide and sought to quash the criminal complaint, contending that the spare sample had been sent to the Central Insecticides Laboratory (CIL) before any proceedings, violating Section 22(6)(ii) and …

HIRA SINGH & ANR.versusUNION OF INDIA & ANR.

2017 INSC 583Matter referred to larger bench

The Supreme Court examined a challenge to the Central Government's 2009 notification (S.0.2941(E)) amending the NDPS Act's quantification parameters by inserting Note 4. The petitioners argued that the Act does not empower the Government to alter the definition of "small" and "commercial" quantities …

NITHYA ANAND RAGHAVANversusSTATE OF NCT OF DELHI & ANR.

2017 INSC 1295Appeal(s) allowed

The mother, Nithya Anand Raghavan, removed her seven‑year‑old daughter Nethra from the United Kingdom to India and the father filed a writ of habeas corpus in Delhi seeking the child's production and compliance with a UK court order directing her return. The Delhi High Court ordered the mother to …

TRF LTD.versusENERGO ENGINEERING PROJECTS LTD.

2017 INSC 577Appeal(s) allowed

The dispute arose from a purchase order between TRF Ltd (appellant) and Energo Engineering Projects Ltd (respondent) where the contract stipulated that any dispute be referred to the Managing Director of the buyer or his nominee as sole arbitrator. After the Arbitration and Conciliation (Amendment) …