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DIPAK MISRA

546 judgments · newest first · showing 201–400

KAMENG DOLOversusATUMWELLY

2017 INSC 461Dismissed

Kameng Dolo was elected unopposed to the Arunachal Pradesh Legislative Assembly after the other candidate, Atum Welly, allegedly withdrew his candidature. The High Court held that the withdrawal notice did not comply with the requirements of Section 37 of the Representation of the People Act, 1951 …

CONSORTIUM OF TITAGARH FIREMA ADLER S.P.A. - TITAGARH WAGONS LTD. THROUGH AUTHORIZED SIGNATORY, TITAGARH TOWERS, 756, ANANDAPUR, E. M. BYPASS, KOLKATA- 700 07, WEST BENGALversusNAGPUR METRO RAIL CORPORATION LTD. (NMRCL) HAVING ITS HEAD OFFICE AT METRO HOUSE, BUNGALOW NO. 28/2, ANAND NAGAR, C.K. NAIDU ROAD, CIVIL LINES, NAGPUR THROUGH ITS GENERAL MANAGER (PROCUREMENT) & ANR.

2017 INSC 460Dismissed

The Nagpur Metro Rail Corporation (NMRCL) issued a tender for 69 EMU rolling stock, which was won by a Chinese government-owned company (Respondent No.2) whose bid was Rs.851 crore, marginally lower than the appellant's Rs.852 crore. The appellant challenged the award, arguing that Respondent No.2 …

MUKESH & ANR.versusSTATE FOR NCT OF DELHI & ORS.

2017 INSC 448Dismissed

On 16 December 2012, a 23-year-old paramedical student and her male friend boarded a bus in Delhi. Six men, including the appellants, gang-raped her, inserted an iron rod into her private parts causing severe internal injuries, and threw both victims out of the moving bus. The woman died from her …

VASANTA SAMPAT DUPAREversusSTATE OF MAHARASHTRA

2017 INSC 436Dismissed

The petitioners, Vasanta Sampat Dupare, were convicted of raping and murdering a four‑year‑old girl and sentenced to death. They sought review, arguing that the trial court violated Section 235(2) of the CrPC by not granting a separate hearing on sentencing, that the State failed to discharge its …

PAWAN KUMARversusSTATE OF H.P.

2017 INSC 415Dismissed

The appellant, previously acquitted of kidnapping and rape offences, repeatedly threatened and teased the victim, a teenage girl, leading her to set herself ablaze and die. The victim’s dying declaration, recorded by a Head Constable in the presence of a doctor, implicated the appellant as the sole …

JUSTICE SUNANDA BHANDARE FOUNDATIONversusUNION OF INDIA AND ANOTHER

2017 INSC 1284Hearing Adjourned

The petitioners sought directions for the Union, State Governments and Union Territories to comply with the Supreme Court's earlier orders on the Persons with Disabilities Act, 1995, noting that the Act had been repealed and replaced by the Rights of Persons with Disabilities Act, 2016. The Court …

MAHENDRA SINGH DHONIversusYERRAGUNTLA SHYAMSUNDAR AND ANR.

2017 INSC 1282Disposed off

The complainant, dissatisfied with a magazine cover that featured the petitioner with the caption "God of Big Deals," filed a complaint under Section 295A read with Section 34 of the Indian Penal Code before a magistrate in Andhra Pradesh. The petitioner sought transfer of the proceedings to …

KINNARI MULLICK AND ANOTHERversusGHANSHYAM DAS DAMANI

2017 INSC 1281Appeal(s) allowed

The appellants, joint owners of a property, entered into development agreements with the respondent which contained an arbitration clause. A dispute arose and an arbitrator awarded in favour of the respondent, but the award was unreasoned. The appellants challenged the award under Section 34 of the …

BALAKRAMversusSTATE OF UTTARAKHAND & ORS.

2017 INSC 365Appeal(s) allowed

The appellant, Balakram, was charged with murder and attempted murder and, after the prosecution's witness (the investigating officer) was examined, sought to produce copies of pages from the police diary obtained under the Right to Information Act to confront the officer. The trial court rejected …

STATE OF KERALA & ORS.versusM/S. PALAKKAD HERITAGE HOTELS

2017 INSC 343Case Partly allowed

The respondent, Mis. Palakkad Heritage Hotels, applied for a FL‑11 beer/wine bar licence under the Foreign Liquor Rules, 1974. The Excise Commissioner recommended grant of the licence on 28‑Mar‑2012, but before the State Government could give its final approval the Rules were amended on 18‑Apr‑2012 …

UNION OF INDIAversusM/S. SIMPLEX INFRASTRUCTURES LTD.

2017 INSC 344Appeal(s) allowed

The Union of India entered into a reconstruction contract with M/s. Simplex Infrastructures Ltd, which it later rescinded alleging delay. An arbitrator held the rescission illegal and awarded payment to the respondent. The Union filed a petition under Section 34 of the Arbitration and Conciliation …

DENTAL COUNCIL OF !NOIAversusDR. HEDGEWAR SMRUTI RUGNA SEVA MANDAL, HINGOLI &ORS.

2017 INSC 332Disposed off

The Dental Council of India (DCI) sought to enforce a Government of India order disapproving a dental college's scheme to start MDS courses in Orthodontics and Dentofacial Orthopaedics for 2016-17. The college obtained a stay from the High Court, which allowed it to admit students on the condition …

AJITSLNH ARJUNSLNH GOHLLversusBAR COUNCIL OF GUJARAT AND ANR.

2017 INSC 318Appeal(s) allowed

The appellant, an advocate enrolled with the Bar Council of Gujarat, was subjected to disciplinary proceedings initiated by the State Bar Council after a complaint was filed. The State Bar Council failed to dispose of the complaint within the one‑year period prescribed under the Advocates Act, 1961, …

KALPANA MEHTA AND OTHERSversusUNION OF INDIA AND OTHERS

2017 INSC 314Matter referred to larger bench

The petitioners sought a writ of mandamus challenging the approval and administration of the HPV vaccine, relying heavily on a report of the Parliamentary Standing Committee. The Union of India contended that such a report could not be used as evidence to establish facts, invoking parliamentary …

ORISSA OLYMPIC ASSOCIATION TH. GENERAL SECRETARYversusSTATE OF ORISSA & ANR.

2017 INSC 310Directions issued

The Orissa Olympic Association (OOA) was granted a lease of 20.808 acres for a stadium but later constructed 23 shops and a Kalyan Mandap (Barabati Palace) on land the State claims lies outside the lease. The Supreme Court, after a committee measured the leasehold area, found that the shops and part …

VIRUPAKSHAPPA GOUDA AND ANOTHERversusTHE STATE OF KARNATAKA AND ANOTHER

2017 INSC 283Dismissed

Virupakshappa Gouda and another were charged under several IPC sections, including 302 and 149, for an alleged honour killing. They applied for bail repeatedly; the trial court and High Court rejected the first two applications and a Special Leave Petition, but a third application was granted bail …

PRANAY KUMAR PODDERversusSTATE OF TRIPURA AND OTHERS

2017 INSC 264

The appellants, two candidates who scored the required marks for MBBS admission, were declared ineligible on the ground of partial colour‑vision deficiency (CVD). They challenged the decision of the Medical Council of India (MCI) and the State of Tripura before the High Court, which dismissed their …

RAM KISHAN FAUJIversusSTATE OF HARYANA AND ORS.

2017 INSC 238Appeal(s) allowed

Ram Kishan Fauji challenged the Haryana Lokayukta's recommendation to register an FIR and investigate alleged corruption. The Punjab & Haryana High Court, sitting as a Single Judge, quashed the recommendation and the FIR under a writ petition filed under Article 226. The State appealed the judgment …

NEERAJ KUMAR SAINY AND ORS.versusSTATE OF U.P. AND ORS.

2017 INSC 239Dismissed

The appellants, who cleared the Uttar Pradesh Post Graduate Medical Entrance Examination but were not allotted seats in the first round of counselling, filed a writ petition seeking a mandamus directing the State to conduct second, third and mop‑up rounds of counselling as prescribed in the …

VASANTHIversusVENUGOPAL (D) THR. LRS.

2017 INSC 240Disposed off

Vasanti purchased a residential property on 26 June 1982 from the heirs of Ramnathan Chettiar and sought a declaration of title and possession. The original occupant, Venugopal (deceased), claimed he had a 1975 agreement of sale with the same owner, had paid part consideration, taken possession and …

SASI (D) THROUGH LRS. ·versusARAVINDAKSHAN NARI AND OTHERS

2017 INSC 201Dismissed

The Supreme Court dismissed a Special Leave Petition filed by SASI (D) through LRS against orders of the Kerala High Court that dismissed a second appeal (9 March 2012) and a review petition (26 October 2016). The review petition, filed on 20 September 2012, was barred by limitation and remained …

CANARA BANKversusM. AMARENDER REDDY & ANR.

2017 INSC 1270Appeal(s) allowed

Canara Bank, the secured creditor, sought to enforce its security over an immovable property pledged by the guarantor M. Amaren... after the borrower defaulted. The bank issued a possession notice, valued the property, and then served a notice of intention to sell together with a public e‑auction …

RAVADA SASIKALAversusSTATE OF ANDHRA PRADESH & ANR.

2017 INSC 181Appeal(s) allowed

The appellant, a young man, trespassed into the victim's house and poured acid on her head after his marriage proposal was rejected, causing grievous hurt. He was convicted under Sections 326 and 448 of the Indian Penal Code and sentenced by the trial court to one year of rigorous imprisonment with …

EX. GNR. LAXMANRAM POONIA (DEAD) THROUGH LRS.versusUNLON OF INDIA AND ORS.

2017 INSC 170Appeal(s) allowed

Laxmanram Poonia enlisted in the Indian Army in 2005 and was diagnosed with acute schizophrenia in 2007, leading to his invalidation in 2009 with a 60% disability rating. The Medical Board concluded the disability was neither attributable to nor aggravated by military service, and the Armed Forces …

JAYANTILAL CHIMANLAL PATELversusVADILAL PURUSHOTTAMDAS PATEL

2017 INSC 160Disposed off

The appellant-landlord filed a suit in 1992 seeking a permanent injunction against the tenant for constructing a permanent structure without consent, invoking Section 13(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The trial court partially decreed the suit, but the High …

BLACK PEARL HOTELS (PVT) LTD.versusM/S PLANET M RETAIL LTD.

2017 INSC 1266Appeal(s) allowed

Black Pearl Hotels (Pvt) Ltd. entered into a "conducting agreement" with M/s Planet M Retail Ltd. and later sought arbitration under the Arbitration and Conciliation Act, 1996. The High Court Judge, invoking s.33(2)(b) of the Karnataka Stamp Act, 1957, referred the matter to the Registrar to …

T. A. KATHIRU KUNJUversusJACOB MATHAI & ANR.

2017 INSC 1265Appeal(s) allowed

The appellant, an advocate, was charged by his client for failing to return a cheque handed over for filing a criminal complaint under Section 138 of the Negotiable Instruments Act and for not obtaining an acknowledgment of its return. The Disciplinary Committee of the Bar Council of India found him …

ASHA RANJANversusSTATE OF BIHAR & ORS.

2017 INSC 150Disposed off

The petitioners, led by Asha Ranjan, sought the transfer of accused M. Shahabuddin, a notorious history‑sheeter involved in the murder of the petitioner's husband and other crimes, from Siwan Jail in Bihar to Tihar Jail in Delhi, and the conduct of his pending trials via video‑conferencing. The core …

ARJUN AND ANR. ETC. ETC.versusSTATE OF CHHATTISGARH

2017 INSC 141Case Partly allowed

On 19 November 2006, a dispute over cutting a tree led three accused (Arjun, Lalaram and Padumlal) to assault the deceased Ayodhya Prasad with a katta, gandasa and a stone, causing fatal head injuries. The prosecution proved the case through the testimony of a related witness (the deceased's …

DURGA PRASADversusNARAYAN RAMCHANDAANI (D) THR. LRS.

2017 INSC 116Dismissed

The suit premises were originally let to the plaintiff's father‑in‑law in 1940; after his death the tenancy passed to his son Baldev, and subsequently to Baldev's wife Lalita. Upon Lalita's death, her brother Durga Prasad claimed to inherit the tenancy and resisted eviction by the landlord. The …

NIDHIversusRAM KRIPAL SHARMA (D) THROUGH LRS.

2017 INSC 113Appeal(s) allowed

The appellant, Nidhi, the owner of a non‑residential building, sought possession of the premises 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 house her ailing grandparents and her younger sister. …

MOHAMMED ANSARIversusUNION OF INDIA & ORS.

2017 INSC 1259Dismissed

Mohammed Ansari, a member of the General Reserve Engineering Force (GREF), sought non‑functional financial upgradation after completing the requisite service. He filed an original application before the Central Administrative Tribunal (CAT), which, despite a preliminary objection by the Government …

AMRUTBHAI SHAMBHUBHAI .PATELversusSUMANBHAI KANTIBHAI PATEL & ORS.

2017 INSC 102Dismissed

The appellant, Amrutbhai Shambhubhai Patel, filed a petition under Section 173(8) of the CrPC seeking a court‑ordered further investigation by the police after a charge‑sheet had been filed and the trial was underway. The trial court had granted the direction, but the High Court set it aside, …

COMMISSIONER OF CUSTOMS, MUMBAIversusM/S ABAN LOYD CHILES OFFSHORE LTD. & ORS.

2017 INSC 1258Dismissed

The Commissioner of Customs ordered the confiscation of a drilling rig owned by Mis Aban Loyd Chiles Offshore Ltd. on the ground that the rig had been brought into Indian territorial waters for repairs without filing a bill of entry, was not declared under Section 46 and was therefore imported for …

AJAY KUMAR GHOSHAL ETC.versusSTATE OF BLHAR & ANR.

2017 INSC 90Appeal(s) allowed

The appellants were convicted for a dowry death and related offences under the IPC and the Dowry Prohibition Act. The High Court, noting certain procedural lapses, set aside the conviction and ordered a de novo retrial under Section 386(b)(i) of the Code of Criminal Procedure. The Supreme Court …

JAGDAMBA DEVIversusUNION OF INDIA AND ORS.

2017 INSC 89Dismissed

The appellant, Jagdamba Devi, claimed a dependent family pension under the Swatantrata Sainik Samman Pension Scheme, 1980, on behalf of her late husband Hari Kant Jha, a freedom fighter who was arrested for only thirteen days and alleged to have been underground for about 26 months. The State …

V. RAJENDRAN AND ANR.versusANNASAMY PANDLAN (D) THR. LRS. KARTHYAYANL NATCHIAR

2017 INSC 1257Appeal(s) allowed

The appellants filed a suit for permanent injunction in 2004 describing the suit property as Survey No.192/9. During the trial they discovered that the respondents had transferred the patta and executed an Inam Settlement Deed referring to the same land as Survey No.192/14, creating a confusion …

S. KRISHNA SRADHAversusSTATE OF ANDHRA PRADESH AND ORS.

[2017] 2 S.C.R. 466Matter referred to larger bench

The appellant, S. Krishna Sradha, was denied admission to the MBBS course under the sports quota despite being more meritorious than the candidates selected. The High Court, relying on the two‑judge decision in Jasmine Kaur, refused admission and awarded monetary compensation, holding that the …

M/S. SOUTHERN MOTORSversusSTATE OF KARNATAKA AND OTHERS

2017 INSC 55Appeal(s) allowed

M/S Southern Motors, a registered dealer under the Karnataka Value Added Tax Act, 2003, issued tax invoices for vehicle sales and later granted post‑sale discounts through credit notes, retaining only the net amount. The Assessing Authority disallowed deduction of these discounts from total …

ANIL KUMARversusSTATE OF PUNJAB

2017 INSC 1256Appeal(s) allowed

Anil Kumar was first convicted under Section 22 of the NDPS Act and sentenced to ten years' rigorous imprisonment with a fine of Rs.1 lakh and a default two‑year term. He was later convicted under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act and sentenced to one year' rigorous …

S. MUTHU KUMARANversusUNION OF INDIA AND ORS.

2017 INSC 1255Case Partly allowed

S. Muthu Kumaran, a Havildar/Clerk in the Indian Army, was alleged to have participated in a fraudulent recruitment racket in 2006 and had earlier given a confessional statement, which he later claimed was made under coercion. The General Officer Commanding (GOC) of the 26 Infantry Division issued a …

RELIANCE TELECOM LTD. & ANR.versusUNION OF INDIA & ANR.

2017 INSC 1254Dismissed

The Supreme Court examined challenges to the 2015 Notice Inviting Application (NIA) for spectrum auction, where petitioners alleged that the minimum bidding requirements, classification of bidders and spectrum‑capping provisions violated Article 14 and created a non‑competitive environment. The …

THE STATE OF TELANGANAversusHABIB ABDULLAH JEELANI & ORS.

2017 INSC 32Appeal(s) allowed

The State of Telangana filed a criminal appeal against a Hyderabad High Court order that, while refusing to quash FIR No. 205/2014 (offences under IPC sections 147, 148, 149 and 307), directed the police not to arrest the three accused. The Supreme Court held that such a direction amounts to an …

AJAY SINGH AND ANR. AND ETC.versusSTATE OF CHHATTISGARH AND ANR.

2017 INSC 35Dismissed

The trial judge in two dowry‑death cases recorded the acquittal of the accused in the order sheet but did not pronounce a judgment in open court, nor was any typed judgment signed or dated. A complaint led the High Court to investigate and find that no judgment existed on record, resulting in the …

COMMISSIONER CENTRAL EXCISE, BANGALOREversusM/S. UNITED SPIRITS LTD. & ANR.

2017 INSC 26Appeal(s) allowed

The Commissioner of Central Excise appealed against United Spirits Ltd., which manufactures Indian Made Foreign Liquor (IMFL) and also produces food flavours used in IMFL. The revenue department issued show‑cause notices alleging that royalty received from franchisees for the use of its trademark …

VIJENDRA SINGHversusSTATE OF UTTAR PRADESH

2017 INSC 19Disposed off

The case concerned the murder of Badan Pal, a student, at a tube‑well shed where the deceased was shot. The prosecution proved that four accused, including Mahendra Singh and Vijendra Singh, were present in the shed; two were armed with pistols while Mahendra carried a lathi and Vijendra a ballam. …

LALITA RAMESH LASE & ORS.versusJAIRAJ KANTILAL SONAWALA & ORS.

2016 INSC 1154Dismissed

The petitioners, Lalita Ramesh Lase and others, claimed to be protected tenants of certain agricultural plots under the Bombay Tenancy and Agricultural Land Act, 1948, invoking Section 70(B) and seeking declaration of status dating back to the Tiller's Day of 1 April 1957. Their applications, …

SHARAT BABU DIGUMARTIversusGOVT. OF NCT OF DELHI

2016 INSC 1131Appeal(s) allowed

The appellant, Sharad Babu Digumarti, was charged under IPC Sections 292 and 294 and IT Act Section 67 for alleged possession of obscene material in electronic form. He was discharged of the IT Act charge but the trial court framed a charge under IPC Section 292, which the High Court upheld. The …

STATE OF KARNATAKAversusSTATE OF TAMIL NADU & ORS.

2016 INSC 1210Hearing Adjourned

The Supreme Court examined appeals filed by Karnataka, Kerala and Tamil Nadu challenging the final order of the Cauvery Water Disputes Tribunal. The core issue was whether Article 262(2) of the Constitution together with Section 11 and Section 6(2) of the Inter‑State River Water Disputes Act, 1956 …

GURPAL SINGHversusSTATE OF PUNJAB

2016 INSC 1090Case Partly allowed

The appellant and his son were involved in a family land dispute with their brother (the informant). After a verbal altercation, the appellant fetched a 12‑bore DBBL gun and fired at the informant, killing him, and subsequently shot at the informant's wife and two friends, killing one and injuring …

GURCHARAN SINGHversusSTATE OF PUNJAB

2016 INSC 1092Appeal(s) allowed

The case involved the suicide of Surjit Kaur and her two daughters, who died after ingesting aluminium phosphide. A suicide note blamed the appellant Gurcharan Singh, his wife Ajit Kaur and a co‑accused for depriving the victims of their share in family property and subjecting them to harassment. …

STATE OF- UTTAR PRADESH AND OTHERSversusSUBHASH CHANDRA JAISWAL AND OTHERS

2016 INSC 1083Appeal(s) allowed

The State of Uttar Pradesh challenged a writ petition filed under Art.226 that sought mandamus against certain respondents for alleged violations of excise licence rules and alleged fraud. The High Court, after examining the investigation, issued a series of sweeping directions ordering the creation …

ASHOK KUMAR & ORS.versusUNION OF INDIA & ANR.

2016 INSC 1079Disposed off

The appellants, landowners whose properties were acquired under the Land Acquisition Act, 1894, filed multiple civil appeals seeking compensation. The Supreme Court noted that the factual matrix of each appeal—location of the land, acquisition notifications, and prior compensation …

DILBAGH SINGHversusSTATE OF PUNJAB

2016 INSC 1067Dismissed

The appellant and a co-accused were intercepted while travelling in a car and six bags of poppy husk were seized from the vehicle. The appellant challenged the conviction under the NDPS Act, contending that the investigating officers had violated Sections 50 and 57 of the Act. The Supreme Court …

RAM AUTAR & ORS.versusSTATE OF U.P.

2016 INSC 1070Case Partly allowed

The incident arose when the deceased's cattle trespassed into the fields of the appellants, leading to a heated exchange. Later that day, while seated in adjacent compounds, an altercation escalated; the appellants, urged by others, fetched a gun and shot the deceased, who was also assaulted with …

MOHD. HASHIMversusSTATE OF UP & ORS.

2016 INSC 1066Appeal(s) allowed

The respondents were convicted under IPC sections 323 and 498‑A and under Section 4 of the Dowry Prohibition Act, 1961, and sentenced to imprisonment and fine. They sought release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The question before the Supreme …

MAHANAGAR TELEPHONE NIGAM LTD.versusM/S. APPLIED ELECTRONICS LTD.

2016 INSC 1059Directions issued

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined …

K.V. PRAKASH BABUversusSTATE OF KARNATAKA

2016 INSC 1051

The appellant, K.V. Prakash Babu, was convicted under Sections 498‑A and 306 of the IPC for the suicide of his wife, who allegedly suspected him of an extra‑marital affair. The prosecution alleged that the husband's alleged relationship and the resulting suspicion constituted mental cruelty that …

BAIJNATH & OTHERSversusSTATE OF MADHYA PRADESH

2016 INSC 1040Appeal(s) allowed

The deceased Saroj Bai was found hanging in her matrimonial home within seven years of marriage. The State alleged that her husband’s family demanded a motorcycle as dowry, subjecting her to cruelty and harassment, thereby invoking Sections 304B and 498A of the IPC and the statutory presumption …

MANGANESE ORE INDIA LTD.versusSTATE OF M.P. & ORS.

2016 INSC 1017Appeal(s) allowed

Manganese Ore India Ltd. challenged the levy of a 40% electricity duty on its ferro‑manganese plant, arguing that the plant’s activities constitute manufacturing, not "processing" as defined in Explanation (b) of Part B of the Madhya Pradesh Electricity Duty Act, 1949. The State contended that the …

COMMERCIAL TAX OFFICER & ORS.versusSTATE BANK OF INDIA & ANR.

2016 INSC 1006Dismissed

The Supreme Court considered whether the State Bank of India (SBI), acting on a Reserve Bank of India (RBI) directive to purchase Exim scrips (formerly replenishment licences) at a 20% premium and subsequently cancel them, was liable to purchase tax under the Bengal Finance (Sales Tax) Act, 1941. …

VOLUNTARY HEALTH ASSOCIATION OF PUNJABversusUNION OF INDIA AND OTHERS

2016 INSC 1013Disposed off

The Supreme Court heard two writ petitions challenging the implementation of the Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and its Rules. The petitioners sought directions for stricter enforcement, a centralised civil‑registration database, training …

NATHIYAversusSTATE REP. BY INSPECTOR OF POLICE, BAGAYAM POLICE STATION, VELLORE

2016 INSC 1008Appeal(s) allowed

The trial court convicted Nathiya and Suresh under Section 302 read with Section 34 of the IPC for the murder of Gurunathan, relying on circumstantial evidence and alleged confessional statements. The High Court upheld the conviction, but on appeal the Supreme Court examined the evidence and found …

COMMISSIONER OF COMMERCIAL TAX, U.P.versusM/S OSWAL GREENTECH LIMITED

2016 INSC 7Dismissed

M/s Oswal Greentech Ltd., a holder of a recognition certificate under Section 4‑B of the Uttar Pradesh Trade Tax Act, purchased natural gas at a concessional rate using Form III‑B and used it to manufacture urea. Some of the finished urea was transferred out of Uttar Pradesh by way of stock transfer …

SHYAM PALversusDAYAWATL BESOYA & ANR.

2016 INSC 1001Case Partly allowed

The appellant was convicted in two separate complaints under Section 138 of the Negotiable Instruments Act for issuing dishonoured cheques of Rs.5 lakh each, relating to two loans advanced by the same complainant on different dates but on identical terms. Both trials awarded ten months' simple …

SAROJ AGARWALLA (DEAD) THR. LR ABHISHEK AGRAWALLAversusYASHEEL JAIN

2016 INSC 986Dismissed

The appellant sought probate of a will of her deceased brother, but two respondents—Yasheel Jain, claiming to be the testator's nephew and beneficiary under an alleged earlier will, and Malati Tulshan, claiming to be the testator's second wife—filed caveats. The Calcutta High Court rejected the …

CHEVITI VENKANNA YADAVversusSTATE OF TELANGANA AND ORS.

2016 INSC 1206Dismissed

The petitioners were appointed as Chairmen, Vice‑Chairmen and members of Agricultural Market Committees under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. After the creation of Telangana in 2014, the State promulgated Ordinance No.1 of 2014 reducing the size of the …

TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. (TANGEDCO) REP. BY ITS CHAIRMAN MANAGING DIRECTOR AND ANR. ETC.versusCSEPDI - TRISHE CONSORTIUM, REP. BY ITS MANAGING DIRECTOR & ANR.

2016 INSC 968Appeal(s) allowed

The Tamil Nadu Generation and Distribution Corporation (TANGEDCO) floated a tender for two 660 MW super‑critical power units. After qualifying, two bidders – CSEPDI‑TRISHE and BHEL – submitted supplementary price bids which were evaluated by an independent financial consultant. The consultant’s …

MONTECARLO LTD.versusNTPC LTD.

2016 INSC 976Dismissed

Montecarlo Ltd. submitted a techno‑commercial bid for NTPC Ltd.'s coal‑mine development project, but NTPC declared the bid technically non‑responsive because Montecarlo lacked experience in drilling for blasting. Montecarlo challenged this decision before the High Court, arguing that the …

BENSONversusSTATE OF KERALA

2016 INSC 944Case Partly allowed

The appellant, Benson, was convicted in twelve separate theft cases under Sections 379 and 414 of the IPC, each tried and sentenced individually. He petitioned for the subsequent sentences to run concurrently with the sentence already being served (Crime No.8). The Supreme Court examined Section …

VIKAS YADAVversusSTATE OF U.P. AND ORS. ETC. ETC.

2016 INSC 943Disposed off

The appellants Vikas Yadav, Vishal Yadav and Sukhdev Yadav were convicted of murder, kidnapping and related offences (IPC ss.302, 364, 34, 201) and sentenced to life imprisonment with additional fixed‑term sentences. The State appealed for enhancement of the life sentence to death; the High Court …

A. SATYANARAYANA REDDY AND OTHERSversusPRESIDING OFFICER, LABOUR COURT AND OTHERS

2016 INSC 1202Appeal(s) allowed

The appellants were employees of a government undertaking who were laid off and later transferred to another company. The Government of Andhra Pradesh issued a Voluntary Retirement Scheme (VRS) offering a special compensation package, which the appellants accepted, but the VRS did not provide for …

ARUN DEV UPADHYAYAversusINTEGRATED SALES SERVICE LTD & ANR.

2016 INSC 1203Dismissed

Arun Dev Upadhyaya appealed against a judgment of the Single Judge of the Bombay High Court that enforced an international arbitration award against one of the respondents but not the other. The appeal raised the question of whether a Letters Patent appeal could be filed before the Division Bench …

M/S SHOBIKAA IMPEX PVT. LTD. AND ANR.versusCENTRAL MEDICAL SERVICES SOCIETY AND ORS.

2016 INSC 1201Dismissed

The appellants, Mis Shobikaa Impex Pvt. Ltd. and a related entity, submitted a bid for a government tender to supply long‑lasting insecticide nets but failed to produce a Central Insecticide Board (CIB) registration certificate at the time of bid opening. The tender documents, as amended, required …

SAMPELLY SATYANARAYANA RAOversusINDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED

2016 INSC 887Dismissed

The appellant, a director of Indian Renewable Energy Development Agency Ltd, had taken a loan of Rs 11.5 crore which was disbursed on 28 February 2002. The loan agreement required repayment of installments by post‑dated cheques, which were described as "security". Several of these cheques were …

J. K. LAKSHMI CEMENT LTD.versusCOMMERCIAL TAX OFFICER, PALI

2016 INSC 877Dismissed

J.K. Lakshmi Cement Ltd. appealed against the Commercial Tax Officer, Pali, contending that it could claim a dual benefit – the partial exemption under Notification dated 06.05.1986 and the reduced 6% tax rate under Notification dated 21.01.2000 – relying on a 1994 circular that had been withdrawn …

STATE OF RAJASTHANversusLBS B.ED. COLLEGE AND ORS.

2016 INSC 1199Disposed off

The Supreme Court examined whether the State Government of Rajasthan could influence the grant of recognition to private teacher‑training institutions under the National Council for Teacher Education (NCTE) Act, 1993 and its 2014 Regulations. The State argued that its recommendations were binding, …

COMMISSIONER OF COMMERCIAL TAX, U.P.versusM/S. A.R. THERMOSETS (PVT.) LTD.

2016 INSC 854Dismissed

The appellant, Commissioner of Commercial Tax, Uttar Pradesh, challenged the High Court's decision that bitumen emulsion manufactured by the respondent falls under Entry 22 of Schedule II of the VAT Act, which taxes "bitumen" at 4%. The respondent had earlier sought clarification on the tax rate and …

DHARIWAL INDUSTRIES LTD.versusKISHORE WADHWANI & ORS.

2016 INSC 853Disposed off

Dhariwal Industries Ltd filed a complaint under Sec. 200 CrPC alleging several IPC offences. After the police investigation and filing of a charge‑sheet, the accused applied for discharge under Sec. 239 CrPC. The appellant sought, orally, permission to be heard alongside the Assistant Public …

LUDOVICO SAGRADO GOVEIAversusCIRILA ROSA MARIA PINTO AND ORS.

2016 INSC 855Appeal(s) allowed

The appellant, a successful purchaser at a sealed‑tender sale, sought to enforce a sale certificate issued after the execution of an award under the Multi‑State Co‑operative Societies Act, 1984. The respondents, borrowers, had defaulted on a loan and the property was sold after multiple failed …

YATIN NARENDRA OZAversusKHEMCHAND RAJARAM KOSHTI & ORS.

2016 INSC 1198Disposed off

Yatin Narendra Oza, a senior counsel of the Gujarat High Court, was held liable for contempt after making unwarranted speeches, letters and statements that the Gujarat High Court deemed scandalous. The High Court issued a notice under the Contempt of Courts Act, 1971 restraining him from further …

M/S COLGATE PALMOLIVE (INDIA) LTD.versusCOMMISSIONER OF CUSTOMS, PATNA

2016 INSC 1195Dismissed

M/S Colgate Palmolive (India) Ltd imported dentifrice products from Nepal and claimed exemption from customs duties under Notification No. 37/96 issued pursuant to the India‑Nepal Treaty of Trade. After the introduction of Section 3A of the Customs Tariff Act in 1998, a Special Additional Duty (SAD) …

STATE OF HARYANAversusRAM MEHAR & OTHERS ETC. ETC.

2016 INSC 616Appeal(s) allowed

The State of Haryana prosecuted 148 workers for offences including murder arising from a factory fire. After the prosecution examined 102 witnesses and the accused gave statements under Section 313 CrPC, the defence sought recall of several prosecution witnesses under Section 311 CrPC, alleging that …

ARVIND KUMARversusSTATE OF U.P. & ORS.

2016 INSC 579Appeal(s) allowed

The appellants, legal heirs of a tenure‑holder, challenged an order dated 13‑Jan‑1975 that declared 51.29 acres of their land surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. An appeal against that order was filed and later dismissed, but the appellants argued that …

ACC LTD.versusSTATE OF KERALA

2016 INSC 561Dismissed

ACC Ltd entered into an agreement with Cochin Cement Ltd (CCL) whereby CCL would manufacture cement using raw material supplied by ACC and the cement would be marketed under ACC's brand. ACC claimed that, under Section 5(2) of the Kerala General Sales Tax Act, 1963, the sale made by CCL was the …

GAYATHRIversusM. GIRISH

2016 INSC 1189Dismissed

The plaintiff, a septuagenarian, filed a suit in 2007 for possession and damages. The trial proceeded with a prolonged examination-in-chief and the defendant repeatedly sought adjournments under Order XVII Rules 1 and 2, filing more than a dozen interlocutory applications on flimsy grounds, many of …

BUNGA DANIEL BABUversusMIS SRI VASUDEVA CONSTRUCTIONS & ORS.

2016 INSC 546Appeal(s) allowed

The appellant, a landowner, entered into a Memorandum of Understanding with a builder to construct a multi‑storey building, with the completed flats to be shared 40% to the landowner and 60% to the builder. The agreement required completion within 19 months and stipulated rent payable for delay. The …

STATE OF MADHYA PRADESHversusMARICO INDUSTRIES LTD.

2016 INSC 547Dismissed

The State of Madhya Pradesh challenged the imposition of entry tax on Marico Industries' products Mediker and Revive instant starch. The issue was whether Mediker, marketed as an anti‑lice treatment, should be classified as a shampoo under Schedule II Entry 32 of the Madhya Pradesh Entry Tax Act, …

COMMISSIONER, M.P. HOUSING BOARD AND OTHERSversusM/S. MOHANLAL AND COMPANY

2016 INSC 1187Appeal(s) allowed

The parties entered into a construction contract containing an arbitration clause, and an award was rendered on 11 November 2010. The respondent later filed a Section 11 application in the High Court seeking appointment of an arbitrator, claiming the clause was invalid; the application was …

UNION OF INDIA & ORS.versusDILER SINGH

2016 INSC 479Appeal(s) allowed

Constable Oiler Singh of the CRPF left his camp without permission, consumed alcohol and quarrelled with civilians. The disciplinary authority dismissed him under Section 11(1) of the Central Reserve Police Force Act, 1949. Singh filed a civil suit seeking a declaration that the dismissal was …

TARA SFNGH & ORS.versusUNION OF INDIA & ORS.

2016 INSC 477Dismissed

The petitioners, convicted under the NDPS Act and sentenced to more than ten years' rigorous imprisonment, sought a writ of mandamus under Article 32 directing the authorities to grant them remission as per the Punjab Jail Manual. The Court examined whether Section 32A of the NDPS Act bars such …

V. VENKATA PRASAD & ORS.versusHIGH COURT OF A.P. & ORS.

2016 INSC 461Dismissed

The appellants, originally District Munsifs promoted to Sub‑Judges, were appointed as District & Sessions Judges (Grade II) to vacant Fast Track Courts (FTCs) under the 2001 Special Rules for Ad‑hoc Appointments. The respondents were later appointed as direct recruits to regular vacancies under the …

PUNJAB STATE WAREHOUSING CORP.versusBHUSHAN CHANDER & ANR.

2016 INSC 460Appeal(s) allowed

The Punjab State Warehousing Corporation appealed against a High Court order that set aside the conviction of its former Godown Assistant, Bhushan Chander, for criminal breach of trust (IPC s.409) and related offences (s.467, 468, 471) on the ground that prosecution required prior sanction under …

STATE OF GUJARAT & ANR.versusLAL SINGH @ MANJIT SINGH & ORS.

2016 INSC 463Appeal(s) allowed

Lal Singh, convicted under the Terrorist and Disruptive Activities (Prevention) Act and sentenced to life imprisonment, applied for premature release under CrPC ss.432 and 433 after being transferred to a Punjab jail. The Gujarat Government rejected his application; the Punjab High Court directed …

LIFE CONVICT LAL SINGH @ MANJEET SINGHversusSTATE OF PUNJAB & ANR.

2016 INSC 476Disposed off

Lal Singh, a life convict also known as Manjeet Singh, filed a writ petition (Criminal) No. 181 of 2012 under Article 32 of the Constitution challenging the orders of the State of Punjab. The petition was heard by a two‑Judge Bench of the Supreme Court. The Court observed that the issues raised in …

SATISH SHETTYversusSTATE OF KARNATAKA

2016 INSC 436Dismissed

The Supreme Court examined the appeal of Satish Shetty, convicted under IPC sections 498A (cruelty) and 306 (abetment of suicide) for the death of his wife, who had left a ten‑month‑old son and was twenty weeks pregnant. The High Court had set aside the trial court’s acquittal, invoking the …

BIJENDER @PAPU AND ANR.versusSTATE OF HARYANA

2016 INSC 439Disposed off

Five accused were convicted under IPC sections 325 read with 149, 148A, 308/149 and 323/149 for causing grievous hurt and related offences. The trial court sentenced them to three years rigorous imprisonment for the major offence and imposed fines; the High Court enhanced the sentence for the two …

BHAGWAN SAHAI AND ANR.versusSTATE OF RAJASTHAN

2016 INSC 438Appeal(s) allowed

The appellants, two brothers and their female relatives, were charged with offences arising from an alleged unlawful assembly in which they allegedly injured several persons and their father later died. The trial court held the incident to be a free fight and convicted them individually; the High …

INDIRA DEVI AND ORS.versusSTATE OF HIMACHAL PRADESH

2016 INSC 440Appeal(s) allowed

The case arose from a land dispute between the victim, Shriram, and his brothers. The victim alleged that three women (the appellants) and two men assaulted him, resulting in gunshot, axe, and other injuries, leading to an FIR under IPC sections 147, 148, 307, 149 and Section 25 of the Arms Act. The …

DR. RINI JOHAR & ANR.versusSTATE OF M.P. & ORS.

2016 INSC 441Case Allowed

Dr. Rini Johar, a doctor, and a senior advocate were arrested in November 2012 on a FIR alleging fraud under IPC sections 420 and 34 and the Information Technology Act. The arrest was carried out without complying with Sections 41 and 41‑A of the CrPC, nor the D.K. Basu guidelines, and the …

SARLA PERFORMANCE FIBERS LIMITED ETC.versusCOMMISSIONER OF CENTRAL EXCISE, SURAT-II

2016 INSC 437Appeal(s) allowed

Sarla Performance Fibers Ltd., a 100% export‑oriented unit (EOU), was assessed excise duty and penalty for removing partially oriented yarn to the domestic tariff area (DTA) without permission of the Development Commissioner. The Central Excise Commissioner ordered duty under the proviso to Section …

SUBRAMANIAN SWAMYversusUNION OF INDIA, MINISTRY OF LAW & ORS.

2016 INSC 427Disposed off

The Supreme Court examined a batch of writ petitions challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code (criminal defamation) and Section 199 of the Code of Criminal Procedure. The petitioners argued that criminal defamation infringes the freedom of speech …

PRABHAKAR VITHAL GHOLVEversusSTATE OF MAHARASHTRA

2016 INSC 389Appeal(s) allowed

The appellant, Prabhakar Vithal Golve, was convicted under Section 302 IPC for the fatal assault of a deceased man, allegedly triggered by a minor grievance over a telephonic message. The prosecution failed to establish any motive for the killing, and the evidence showed that the assault was a …

SATYENDRA KUMAR & ORS.versusRAJ NATH DUBEY & ORS.

2016 INSC 388Dismissed

The appeal concerned a land‑inheritance dispute where the petitioners sought to set aside an order of the Consolidation Officer that rejected their claim to a share of land. The petitioners argued that earlier judgments in a separate proceeding involving the same parties, but concerning a different …

STATE OF WEST BENGAL AND OTHERSversusCALCUTTA CLUB LIMITED

2019 INSC 1111Matter referred to larger bench

The State of West Bengal appealed against Calcutta Club Limited, which had been held not liable for sales tax on food and drink supplied to its permanent members. The club argued that the doctrine of mutuality made such supplies a non‑sale, while the State contended that the 46th Constitution …

M/S RAVI PRAKASH REFINERIES (P) LTD.versusSTATE OF KARNATAKA

2016 INSC 363Case Partly allowed

M/s Ravi Prakash Refineries (P) Ltd. sold Sunflower De‑oiled Cake (SF DOC) in inter‑State trade and claimed a reduced central sales tax rate of 2% by producing Form C under Notification No. FD 119 CSL 2002(2). The assessing officer initially accepted the claim, but a later officer reopened the …

RAMESH KUMAR @BABLAversusSTATE OF PUNJAB

2016 INSC 1179Case Partly allowed

The case arose from a clash between two groups in 1997 where the appellant, Ramesh Kumar @ Babla, was alleged to have struck the complainant with a sword, causing head injuries. The trial court convicted him under Section 307 of the IPC for attempted murder and sentenced him to three years' rigorous …

PRAKASH NAGARDAS DUBAL SHAHAversusSOU. MEENA PRAKASH DUBAL SHAH & ORS.

2016 INSC 1178Dismissed

The wife filed an application under Sections 12, 18‑22 of the Protection of Women from Domestic Violence Act, 2005 seeking maintenance for herself and her children, alleging mental and physical abuse, the husband’s second marriage and failure to pay alimony after a dismissed divorce petition. The …

VIDEOCON INDUSTRIES LTD. & ANR.versusSTATE OF MAHARASHTRA & ORS.

2016 INSC 1177Appeal(s) allowed

Videocon Industries Ltd. and its directors were penalised by the adjudicating authority under the Foreign Exchange Regulation Act (FERA) for alleged violations of sections 18(2) and 18(3). They appealed before the Appellate Tribunal for Foreign Exchange, which held that the transactions (purchase of …

MEDICAL COUNCIL OF INDIAversusV.N. PUBLIC HEALTH & EDUCATIONAL TRUST & ORS.

2016 INSC 322Appeal(s) allowed

The V.N. Public Health & Educational Trust applied to establish a medical college for the 2016-17 academic year, submitting an Essentiality Certificate that was later found to be conditional and not in the format prescribed by the 1999 MCI Regulations. The Medical Council of India (MCI) recommended …

PALLAV SHETHversusCANARA BANK

2016 INSC 313Disposed off

Pallav Sheth was convicted by a Special Court under Section 10 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 for dishonestly misappropriating 20,000 shares and refusing to pay the agreed price of Rs.83 lakh to Canara Bank. The Special Court also ordered a …

HINDUSTAN UNILEVER LTD.versusSTATE OF RAJASTHAN & ANR.

2016 INSC 1176Appeal(s) allowed

Hindustan Unilever Ltd. and five others were charged under Section 16 of the Prevention of Food Adulteration (PFA) Act for allegedly selling adulterated Kesar Pista ice‑cream. The Public Analyst’s report declared the sample adulterated, but one co‑accused invoked the right under Section 13(2) of the …

V. SEJAPPAversusTHE STATE BY POLICE INSPECTOR LOKAYUKTA, CHITRADURGA

2016 INSC 305Appeal(s) allowed

V. Sejappa, a public servant, was charged under the Prevention of Corruption Act, 1988 for allegedly demanding and receiving Rs 5,000 as bribe to issue a No‑Objection Certificate for a pension claim. The trial court acquitted him, holding that the prosecution failed to prove a demand and that the …

K.S. JOSEPHversusPHILIPS CARBON BLACK LTD. & ANR.

2016 INSC 1175Appeal(s) allowed

The appellant, K.S. Joseph, was charged under Section 138 of the Negotiable Instruments Act for issuing bounced cheques. He challenged the magistrate's order of cognizance and issuance of summons on three grounds: the alleged non‑compliance with Section 200 of the CrPC requiring solemn affirmation, …

STANDARD CHARTERED BANKversusSTATE OF MAHARASHTRA AND OTHERS ETC.

2016 INSC 298Appeal(s) allowed

Standard Chartered Bank filed three complaints under Section 138 of the Negotiable Instruments Act against ABG Shipyard Ltd. and several of its directors for the dishonour of cheques issued to repay a Rs.200 crore loan. The Metropolitan Magistrate issued summons to the company and the directors, but …

COMMISSIONER, DELHI VALUE ADDED TAXversusM/S. ABB LTD.

2016 INSC 297Dismissed

The Commissioner of Delhi Value Added Tax appealed against the Delhi High Court's order that exempted M/s ABB Ltd. from VAT on sales made to the Delhi Metro Rail Corporation (DMRC) under Sections 7(a) and (c) of the Delhi Value Added Tax Act, 2004. The issue was whether the import of goods and their …

LILAWATI AGARWAL ETC.versusTHE STATE OF JHARKHAND ETC.

2016 INSC 294Appeal(s) allowed

The appeal concerned the interpretation of Section 30(2) of the Land Acquisition (Amendment) Act, 1984, which provides for an enhanced solatium of 30% of market value. The award in the present case was passed on 30 September 1985, after the amendment came into force. The High Court had held that the …

LIC OF INDIA AND OTHERSversusKRISHNA MURARI LAL ASTHANA AND ANOTHER ETC.

2016 INSC 293Disposed off

The Life Insurance Corporation (LIC) passed a Board resolution in 2001 to upgrade the basic pension and dearness relief for retirees who left service before 1 August 1997, proposing an amendment to the 1995 Employees Pension Rules (Para 3A of Appendix IV). The amendment required a rule under Section …

HARDEIversusSTATE OF U.P.

2016 INSC 290Dismissed

The appellant, Hardei, a Block Pramukh, was summoned under Section 319 of the CrPC to face trial for alleged embezzlement under the MNREGA scheme, although she was not named in the original FIR or charge‑sheet. The prosecution, after examining witnesses, filed an application under Section 319, …

RAGHAVENDRA SWAMY MUTTversusUTTARADI MUTT

2016 INSC 291

The appellant Raghavendra Swamy Mutt challenged an interim injunction granted by the Karnataka High Court in a dispute with Uttaradi Mutt over possession of a religious property. The High Court, without first admitting the second appeal under Section 100 of the CPC or formulating the required …

M/S. CASIO INDIA CO. PVT. LTD.versusSTATE OF HARYANA

2016 INSC 279Appeal(s) allowed

Mis. Casio India Co. Pvt. Ltd., a manufacturer of radio pagers in Haryana, claimed exemption from Central Sales Tax (CST) on inter‑state sales of goods it purchased from another dealer holding a valid exemption certificate under Rule 28A. The State of Haryana rejected the claim, contending that the …

SURESH CHAND GAUTAMversusSTATE OF UTTAR PRADESH & ORS.

2016 INSC 1174Dismissed

The petitioners sought a writ of mandamus directing the Uttar Pradesh government to collect quantitative data on Scheduled Castes and Scheduled Tribes in its services, arguing that such data is a condition precedent for exercising the reservation in promotion power under Articles 16(4‑A), 16(4‑B) …

EMPLOYEES STATE INSURANCE CORPORATIONversusA. K. ABDUL SAMAD & ANR.

2016 INSC 255

The respondents were convicted by the Special Court for Economic Offences for failing to pay contributions under the Employees' State Insurance Corporation Act, 1948 and were sentenced to imprisonment until further order and a fine of Rs 1,000. The corporation appealed, contending that Section …

CHARANJIT KAURversusBIKRAM SINGH & ANR.

2016 INSC 257Disposed off

Charanjit Kaur filed a criminal complaint under Sections 498A, 406 and 1208 of the IPC alleging dowry harassment and criminal conspiracy by her husband, Bikram Singh. The trial court convicted the husband and sentenced him to one year imprisonment for each offence, with a fine of Rs.1,000. The …

ANANT PRAKASH SINHA @ ANANT SINHAversusSTATE OF HARYANA & ANR.

2016 INSC 248

The wife (informant) filed an FIR under Sections 498A, 323 and 34 IPC against her husband and mother‑in‑law. The charge‑sheet, however, named only the husband for offences under 498A and 323. While the trial was pending, she filed an application under Section 216 of the Code of Criminal Procedure …

RAM LAXMANversusSTATE OF RAJASTHAN

2016 INSC 1172

The Supreme Court examined the convictions of Ram Laxman and Sanju under IPC sections 302, 149 and 148, which had been upheld by the High Court while other co‑accused were acquitted. The trial and appellate courts relied almost entirely on the testimony of a single eye‑witness, the informant Ganesh …

SARDAR NIRMAL SINGH (DEAD) THR. LRS.versusBHATIA SAFE WORKS & ANR.

2016 INSC 1171Disposed off

The appellant sought to enforce an auction sale of a plot in Kanpur that had been conducted to recover land revenue under the Employees State Insurance Act, 1948. The auction was held a day after notice, the successful bidder deposited the required 25% by cheque and later by bank draft, both of …

STATE OF M.P.versusUDAIBHAN

2016 INSC 227Case Partly allowed

The State of Madhya Pradesh prosecuted three accused—Rajaram, Udaibhan and Hakim Singh—for assaulting a complainant and his brother with weapons, resulting in multiple grievous injuries. The trial court convicted them under Section 307 IPC (attempt to murder) and Section 307/34, imposing ten years’ …

SADHU SARAN SINGHversusSTATE OF U.P. AND ORS.

2016 INSC 217Appeal(s) allowed

The case arose from a violent incident in 1994 in which five accused persons allegedly attacked the family of informant Bhola Singh, resulting in the death of three of his sons. The trial court convicted all six accused of murder and related offences, sentencing two of them to death and the others …

NASHIK WORKERS UNIONversusHINDUSTAN AERONAUTICS LIMITED

2016 INSC 1170Appeal(s) allowed

The Nashik Workers Union filed several complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 seeking reinstatement and back wages for trainees of Hindustan Aeronautics Limited (HAL). The dispute turned on whether, for HAL, the "appropriate …

UNION OF INDIA & ORS.versusM/S. HAMDARD (WAQF) LABORATORIES

2016 INSC 1168Dismissed

M/s. Hamdard (Waqf) Laboratories, a manufacturer of the sweetened non‑alcoholic beverage Rooh Afza, disputed the classification of its product under the Central Excise Tariff, which led to a refund claim of Rs 3.74 crore. The refund was granted by the Assistant Commissioner on 16 Nov 2000, but no …

STATE OF JHARKHAND & ORS.versusTATA STEEL LTD. & ORS.

2016 INSC 160Disposed off

Tata Steel Ltd. had been granted an eight‑year sales‑tax exemption under the Bihar Industrial Policy (1995‑2000) and enjoyed the benefit from August 2000 to March 2006. When the Jharkhand Value Added Tax Act, 2005 came into force, the exemption was withdrawn and the company applied to convert the …

M/S. V. L. S. FINANCE LTD.versusS. P. GUPTA AND ANR.

2016 INSC 143Appeal(s) allowed

The appellant, V.L.S. Finance Ltd., challenged a series of orders that allowed the withdrawal of prosecution under Section 321 of the Code of Criminal Procedure (Cr.P.C.) and permitted the accused to contest that withdrawal by filing applications under Section 91 Cr.P.C. The Court examined whether …

DHARAM PALversusSTATE OF HARYANA & ORS.

2016 INSC 112Appeal(s) allowed

The appellant's minor daughter was allegedly raped and, a few days later, his wife was murdered; the police investigation led to the acquittal of the accused in the rape case and a pending trial in the murder case. The appellant sought the transfer of the investigation to the Central Bureau of …

UNION OF INDIA & ORS.versusSALEENA

2016 INSC 111Appeal(s) allowed

The case concerned the detention of Abdu Rahiman under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu filed a representation against his detention, which was rejected by the competent authority; the rejection was communicated to him by an …

BUSSA OVERSEAS & PROPERTIES (P) LTD. & ANR.versusUNION OF INDIA & ANR.

2016 INSC 1164Dismissed

Bussa Overseas & Properties Ltd. sought a refund of excess provisional customs duty under Section 18(2) of the Customs Act, 1962. The customs authority directed the claim to be made under Section 27(2) and the appellants contested this, filing a writ petition. The High Court dismissed the writ and, …

CHAIRMAN, ODISHA JOINT ENTRANCE EXAMINATIONversusJASOBANTA NAYAK AND OTHERS

2016 INSC 55Appeal(s) allowed

The respondent, Jasobanta Nayak, secured rank 16871 in the general category and rank 80 in the physically challenged category in the 2012 Odisha Joint Entrance Examination for engineering admission. He submitted a disability certificate from the District Hospital stating a 40% visual impairment, …

COMMISSIONER OF CUSTOMSversusMIS K. M. GANATRA & CO.

[2016] 1 S.C.R. 162Appeal(s) allowed

The Commissioner of Customs cancelled the Customs House Agent (CHA) licence of Mis. K.M. Ganatra & Co. after finding that the licence had been sub‑let to unauthorised persons, facilitating fraudulent export documentation and causing revenue loss. The Customs, Excise and Service Tax Appellate …

SUPREME COURT WOMEN LAWYERS ASSOCIATIONversusUNION OF INDIA & ANR.

2016 INSC 1163Disposed off

The Supreme Court Women Lawyers Association filed a writ petition under Article 32 seeking that the legislature impose chemical castration as an additional punishment for perpetrators of rape against girl children. The petition highlighted alarming incidents of child sexual abuse and argued that the …

USMANGANJADAMBHAIVAHORAversusSTATE OF GUJARAT & ANR.

2016 INSC 30

The accused filed an application under Section 408 of the CrPC seeking transfer of a criminal trial from one Additional Sessions Judge to another after the trial had already commenced. The Principal Sessions Judge rejected the petition, holding that he lacked jurisdiction to transfer a case once …

MIS. ALKALI MANUFACTURERS ASSN. OF INDIAversusDESIGNATED AUTHORITY, D.A.D.A.S. & ORS.

2016 INSC 1162Appeal(s) allowed

The Mis. Alkali Manufacturers Association of India filed a petition under the Anti‑Dumping Rules alleging that caustic soda imported from China and Korea was being dumped, leading to injury to the domestic industry. The Designated Authority (DA) investigated, found dumping, and imposed provisional …

DARSHAN SINGHversusSTATE OF PUNJAB

2016 INSC 17Dismissed

The dispute arose between two families over irrigation rights and escalated into a violent clash in a court premises on 17 February 1995, resulting in two deaths and several injuries. Darshan Singh, the appellant, was charged with murder (IPC s.302) of Santa Singh and voluntarily causing hurt (IPC …

STATE OF A.P.versusPATCHIMALA VIGNESWARUDU@ VIGGANNA @ GANAPATHI

2016 INSC 15Appeal(s) allowed

The State of Andhra Pradesh prosecuted Patchimala Vigneswarudu for the murder of his wife, alleging he strangled her after a night out, motivated by strained marital relations and suspicion of venereal disease transmission. The trial court convicted him under Section 302 IPC, but the High Court …

STATE OF MAHARASHTRA & ORS.versusBRIJLAL SADASUKH MODANI

2015 INSC 1043Appeal(s) allowed

The respondent, Brijlal Sadashuk Modani, was a senior employee of Osmanabad Janata Sahakari Bank Ltd., a multi‑state cooperative bank. While in service he received notices from the Anti‑Corruption Bureau demanding details of his assets, which he contested on the ground that the Prevention of …

A. ANDISAMY CHETTIARversusA. SUBBURAJ CHETTIAR

2015 INSC 900Disposed off

The plaintiff filed a suit for permanent injunction over a disputed property and lost at trial. He appealed, and during the pendency of the appeal filed an application seeking scientific examination of a will's signature. The first appellate court allowed the application under Order 41 Rule 27, but …

SHAMSHER SINGH VERMAversusSTATE OF HARYANA

2015 INSC 860Appeal(s) allowed

Shamsher Singh Verma was charged under IPC 354 and the POCSO Act for allegedly molesting his nine‑year‑old niece. The accused filed an application under Section 294 of the CrPC to have a compact disc containing a recorded conversation between the victim's father, the accused's son and his wife …

COMMERCIAL TAXES OFFICERversusA INFRASTRUCTURE LTD.

2015 INSC 859Dismissed

The Commercial Taxes Officer appealed against A Infrastructure Ltd's claim of Input Tax Credit (ITC) on raw material used to manufacture asbestos cement sheets. The assessing authority had disallowed the ITC, contending that the final product was exempted under Notification S.O. 377/2007, and …

KRISHNA BHATACHARJEEversusSARATHI CHOUDHURY AND ANR.

2015 INSC 848Appeal(s) allowed

The appellant, a wife, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking seizure of her stridhan held by her husband after they were judicially separated. The trial court, Sessions Court and High Court dismissed the application on the grounds …

M/S COCHIN SHIPYARD LTD.versusM/S APEEJAY SHIPPING LTD.

2015 INSC 837Case Partly allowed

The parties entered into a contract for the construction of a cargo ship, which later gave rise to arbitration before a former Supreme Court judge who awarded in 2009. The respondent sought to set aside the award under Sections 30 and 33 of the Arbitration Act, 1940, alleging the arbitrator’s legal …

POONAMversusSTATE OF U.P. & ORS.

2015 INSC 813Dismissed

The appellant, a visually‑handicapped allottee of a fair‑price shop, challenged an appellate order that restored the original allottee's licence and cancelled her own allotment. The High Court dismissed her writ petition on the ground that she was not a necessary party. The Supreme Court examined …

DR. SANDEEP S/O SADASHIVRAO KANSURKAR AND OTHERSversusUNION OF INDIA AND OTHERS

2015 INSC 807Dismissed

The petitioners challenged the domicile‑based reservation for admission to super‑specialty medical courses in Andhra Pradesh, Telangana and Tamil Nadu, arguing that it violated Articles 14 and 16 and was contrary to national interest. The States relied on the 1974 Presidential Order issued under …

SUMER BUILDERS PVT. LTD.versusNARENDRA GORAN!

2015 INSC 783Dismissed

Sumer Builders Pvt. Ltd. entered into a development agreement and MoU with Narendra Goran for a land parcel in Indore. After disputes over payment and possession, the respondent terminated the agreements and invoked the arbitration clause. The developer applied to the Bombay High Court for interim …

STATE OF JAMMU & KASHMIRversusR.K. ZALPURI AND OTHERS

2015 INSC 754Appeal(s) allowed

The State of Jammu & Kashmir dismissed senior assistant R.K. Zalpuri in 1999 for alleged misappropriation of funds. Zalpuri filed a writ petition in 2006 challenging his dismissal, alleging non‑compliance with Rule 34 of the J&K Civil Services Rules. The State raised a preliminary objection of …

RAMESH CHAND (DEAD) THROUGH L.RS.versusASRUDDIN (DEAD) THROUGH LRSANDANOTHER

2015 INSC 735Disposed off

The plaintiff claimed that a sale agreement dated 21‑06‑2004 with the defendant for a 12‑kanal land, mortgaged to a bank, was breached when the defendant failed to execute the sale deed after receiving Rs 4 lakhs as earnest money. The defendant contended that he had already sold the same land to a …

STATE THROUGH INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAUversusMUSHTAQ AHMAD ETC.

2015 INSC 719Appeal(s) allowed

The State, through an Intelligence Officer of the Narcotics Control Bureau, charged Mushtaq Ahmad and Guizar Ahmad with possession of large amounts of charas (6.2 kg and 4.0 kg respectively) seized on 5 April 2004. The trial court held that the seized charas constituted a "commercial quantity" under …

PUKHREM SHARATCHANDRA SINGHversusMAIREMBAM PRITHVIRAJ@ PRITHIBIRAJ SINGH

2015 INSC 726Disposed off

The appellant, Pukhrem Sharatchandra Singh, filed an election petition challenging the 2012 election of the respondent, Mairembam Prithviraj, on grounds of a forged affidavit and procedural irregularities. The respondent delayed filing his written statement for two years and repeatedly sought …

SUDHIRversusTHE STATE OF MAHARASHTRA AND ANOTHER

2015 INSC 725Dismissed

The case involved two officials of the Rural Water Supply Department of Zilla Parishad, Jalgaon, accused of misappropriating public funds allocated for rural drinking‑water schemes. FIRs were filed after an enquiry by the Revenue Commissioner and Deputy Commissioner, alleging large sums were …

NEERU YADAVversusSTATE OF U.P. AND ANR.

2015 INSC 713Appeal(s) allowed

The appellant Neeru Yadav challenged the Allahabad High Court's order granting bail to respondent No.2, a repeat offender accused of multiple heinous offences including murder and armed assault. The High Court had relied primarily on the doctrine of parity, noting that other co‑accused had been …

ANIL KALRAversusJ.D. PANDEY AND OTHERS

2015 INSC 710Disposed off

The case concerned a century‑old building in Lucknow covered by the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord, Anil Kalra, obtained a release order under s.16(1)(b) for demolition, but several occupants, allegedly placed by the respondents …

SAMAR PAL SINGHversusCHITRANJAN SINGH

2015 INSC 699Appeal(s) allowed

The landlord, Samar Pal Singh, sued his tenant, Chitranjan Singh, for eviction and arrears of rent under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenant deposited the full arrears with interest and costs, invoking protection under Section 20(4) of …

RANJIT SARKARversusSTATE OF TRIPURA

2015 INSC 1026Disposed off

The appellant, Ranjit Sarkar, was convicted of murder under Section 302 IPC for delivering a single blow with a wooden file to the head of the deceased, Anil Das, who later died from head injuries. The prosecution alleged multiple injuries, while the defence argued that only one blow caused the …

HEMANTA MONDAL AND OTHERSversusSRI GANESH CHANDRA NASKAR

2015 INSC 1025Disposed off

The Supreme Court examined a dispute arising from a sale agreement where the buyer paid Rs.60,000 as earnest money and agreed to pay the balance upon execution of a sale deed. The buyer sought specific performance, possession and injunction, but the sellers refused to execute the deed, questioning …

AKHILESH KUMAR SINGHversusRAM DAWAN & ORS.

2015 INSC 1024Dismissed

The case concerned a single clerk post in a U.P. Intermediate College governed by the U.P. Intermediate Education Act, 1921. The college's regulations required that 50% of sanctioned posts be filled by promotion, with a note that a single post would be deemed as one when calculating the 50% quota. …

SHANTI DEVI & OTHERSversusKAUSHALIYA DEVI

2015 INSC 1023Disposed off

Ram Narayan filed a suit in 1966 which ultimately led to Civil Appeal No. 124 of 1987. The appellant died in 1994 and, because no substitution was filed within the 90‑day period prescribed by Rule 3 of Order XXII CPC and Article 120 of the Limitation Act, the appeal abated and was dismissed in …

COMMERCIAL MOTORS LTD.versusCOMMISSIONER OF TRADE TAX U.P., LUCKNOW & OTHERS

2015 INSC 1021Appeal(s) allowed

Commercial Motors Ltd., a dealer of two‑wheelers, was granted a sales‑tax exemption for the assessment year 1990‑91 based on certificates. The revenue later discovered a shortfall of Rs 97,02,050.65 and issued a show‑cause notice on 13 March 2002 under Section 21(2) of the U.P. Trade Tax Act, 1948, …

DR. (SMT.) MANORAMA TIWARI AND OTHERSversusSURENDRA NATH RAI

2015 INSC 1020Appeal(s) allowed

The case involved the death of a 14‑year‑old girl who underwent surgery in a government hospital performed by three medical officers. The girl's father filed a criminal complaint alleging murder under Section 304A of the IPC. The doctors filed an application under Section 197 of the CrPC seeking a …

H.S.SIDHUversusDEVENDRA BAPNA & ORS.

2015 INSC 1017Appeal(s) allowed

H.S. Sidhu and Devendra Bapna, both direct recruits as Assistant Directors, were promoted to Deputy Director, with Bapna senior to Sidhu. When a vacancy for Joint Director arose, the Departmental Promotion Committee (DPC) prepared a merit list under Rule 15(3) of the 1987 Rules, placing Sidhu ahead …

SUNIL KUMAR VERMA AND OTHERSversusSTATE OF U.P. AND OTHERS

2015 INSC 1018Appeal(s) allowed

The Uttar Pradesh State Cement Corporation was wound up in 1999, leaving a group of employees retrenched under the Uttar Pradesh Absorption of Retrenched Employees Rules, 1991. Earlier Supreme Court judgments had affirmed that such employees were entitled to be absorbed in government service despite …

BALJINDER PAL KAURversusSTATE OF PUNJAB AND OTHERS

2015 INSC 1016Dismissed

Baljinder Pal Kaur, an Assistant Sub Inspector of Punjab Police, was dismissed after a departmental enquiry found her guilty of taking a bribe to illegally send persons to the USA. A criminal trial under IPC sections 406, 420, 1208 and the Prevention of Corruption Act resulted in her acquittal by a …

RAVI NORA KUMAR SHRIVASTAVAversusSTATE OF M.P. & ORS.

2015 INSC 642Dismissed

Ravi N. Shrivastava, originally a daily wage worker, was regularized as a Lower Division Clerk and later made in charge of Office Steno. He was formally absorbed as a Steno‑typist on 12‑04‑2002, had passed the required shorthand‑typing exam in 2000, and was promoted to Stenographer on 22‑01‑2003. …

NIZAM & ANR.versusSTATE OF RAJASTHAN

2015 INSC 640Appeal(s) allowed

The appellants Nizam and Shafique were convicted for the murder of Manoj under Sections 302 and 201 IPC based primarily on the "last seen theory" that Manoj was last seen alive with them. The Supreme Court examined the circumstantial evidence and held that the prosecution failed to establish a …

STATE OF WEST BENGAL AND OTHERSversusR.K.B.K. LTD. & ANR.

2015 INSC 643Appeal(s) allowed

The State of West Bengal appealed against an order of the Director of Consumer Goods that imposed a penalty on R.K.B.K. Ltd., a licensed kerosene oil agent, for alleged excess distribution. The dispute centered on whether the Director or the District Magistrate had authority under Paragraph 9 of the …

U.P. STATE ROAD TRANSPORT CORP. &ANR.versusGOPAL SHUKLA & ANR.

2015 INSC 1011Appeal(s) allowed

The appellant, U.P. State Road Transport Corporation, dismissed conductor Gopal Shukla for allowing 25 passengers to travel without tickets, an act that constituted personal gain and breach of trust. The Labour Court, invoking Section 6(2-A) of the U.P. Industrial Disputes Act, substituted the …

ABDUL WAHEEDversusSTATE OF UTTAR PRADESH

2015 INSC 1010Dismissed

Abdul Waheed, aggrieved by a civil suit and contempt petition, went armed with a pistol and firearms to the chabutra of Abbas Khan, where he and co‑accused fired shots and assaulted the complainants with lathis, resulting in the deaths of Abbas Khan and Israr Khan and injuries to several others. The …

CENTRAL BUREAU OF INVESTIGATIONversusMANINDER SINGH

2015 INSC 614Appeal(s) allowed

The CBI alleged that Maninder Singh, together with a co‑accused, obtained credit facilities from New Bank of India by submitting forged documents and colluding with a bank manager, thereby cheating the bank of over Rs 10.62 lakh. After a lengthy investigation, a charge‑sheet was filed under Sections …

STATE OF RAJASTHANversusJAINUDEEN SHEKHANDANR.

2015 INSC 610Appeal(s) allowed

The State of Rajasthan appealed against a Special Judge's order granting Rs.1,50,000 compensation to two accused persons, Jainudeen and Shabbir, who were acquitted under the NDNDPS Act after a forensic report, delayed by two years, showed no contraband. The trial judge had based the compensation on …

SATYA PAL ANANDversusSTATE OF M.P. AND OTHERS

2016 INSC 988

Satya Pal Anand, a septuagenarian, claimed that a plot of land allotted to his mother by a cooperative society was unlawfully cancelled by the society through a Deed of Extinguishment dated 9‑8‑2001, and that subsequent sale deeds to third parties were also void. The Sub‑Registrar refused to cancel …

VAISHAGGARWAL PANCHAYATversusINDER KUMAR AND OTHERS

2015 INSC 607Appeal(s) allowed

The Vaish Aggarwal Panchayat, a society, filed a declaration suit in 2001 seeking to declare a 1998 decree and subsequent sale deed as void on grounds of fraud and collusion, after having earlier objected to the execution of that decree. The respondents, who were parties to the original 1993 suit, …

CENTRAL BUREAU OF INVESTIGATIONversusRATHIN DANDAPAT AND OTHERS

2015 INSC 599Appeal(s) allowed

The case arose from the killing of nine persons and injuries to many villagers in Netai, West Bengal, where the CBI investigated and filed a charge sheet against 21 accused, some of whom were absconders. After the charge sheet, several proclaimed offenders were arrested and the CBI sought police …

RAJ BALAversusSTATE OF HARYANA & ORS. ETC. ETC.

2015 INSC 583Disposed off

The accused were convicted under Section 306 of the Indian Penal Code for abetment of suicide and sentenced by the trial court to three years' rigorous imprisonment with a fine. On appeal, the High Court upheld the conviction but reduced the term to the period already served (four months and twenty …

SAROJ KUMARversusUNION OF INDIA AND OTHERS

2015 INSC 582Dismissed

Saroj Kumar, an Indian Defence Accounts Service officer, was denied promotion on the ground of downgraded entries in his Annual Confidential Reports (ACRs). The ACR entries were later communicated to him, and he filed representations contesting the downgrades, which were rejected. The Central …