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DORAISWAMY RAJU

277 judgments · newest first · showing 1–200

ZAHIRA HABIBULLAH SHEIKH AND ANR. ETC.versusSTATE OF GUJARAT AND ORS. ETC.

2004 INSC 373

The State of Gujarat and an accused, Tulsibhai Bhikhabhai Tadvi, filed applications seeking modification of a Supreme Court judgment that ordered a fresh trial of the Zahira Habibullah Sheikh case outside Gujarat. They contended that such a transfer was unlawful, alleging lack of a specific prayer, …

N. SOMASHEKAR (DEAD) BY LRS.versusSTATE OF KARNATAKA

2004 INSC 361Disposed off

The accused, a senior police officer, was alleged to have assaulted and caused the death of a man in a hotel swimming pool. The trial court acquitted him, finding the medical evidence and witness testimony insufficient, while the Karnataka High Court set aside the acquittal, convicted him under …

STATE OF ORISSAversusRAJENDRA TRIPATHY AND ORS.

2004 INSC 362Appeal(s) allowed

The State of Orissa prosecuted Rajendra Tripathy and others for unlawful possession of heroin under Sections 18 and 21 of the NDPS Act. The trial court convicted them, but the Orissa High Court acquitted on the grounds that the seizure memo contained a corrected name and that the prosecution failed …

VILAS PANDURANG PATILversusSTATE OF MAHARASHTRA

2004 INSC 363Dismissed

V.P. Patil was accused of murdering his first wife Suman. The prosecution relied on motive, the accused's suspicious conduct, extra‑judicial confessions to two witnesses, blood‑stained articles, the mangalsutra and blood found in the accused's nail clippings, and a medical report indicating death by …

UNION OF INDIA AND ORS.versusVIDYA BAGARIA

2004 INSC 359Appeal(s) allowed

A detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was issued against Ratan Bagaria. Before the order could be served, his wife Vidya Bagaria filed a habeas corpus petition under Article 226 challenging the order. …

ANIL SHARMA AND ORS.versusSTATE OF JHARKHAND

2004 INSC 330Dismissed

The Supreme Court examined appeals by six accused, including Anil Sharma, convicted of murder and other offences under Sections 302, 307, 147, 148, 149, 326 and 452 read with Section 34 of the IPC. The appellants challenged the refusal to allow a fresh examination of a key eyewitness (PW‑6) and …

CHANDA AND ORS.versusSTATE OF U.P. AND ANR.

2004 INSC 327Dismissed

The case involved eight accused who formed an unlawful assembly and attacked the deceased Qasim, resulting in his death. The trial court convicted the accused under Section 302 read with Section 149 IPC, but later the High Court altered the conviction to Section 304 Part I read with Section 149 and …

STATE OF U.P.versusVEER SINGH AND ORS.

2004 INSC 320Appeal(s) allowed

The State of Uttar Pradesh prosecuted several accused for the murder of members of two families. The sole surviving witness, Harbhajan Kaur (PW‑4), gave a statement that was recorded as a dying declaration, although she later survived. The trial court convicted five accused based on her statement …

STATE OF MAHARASHTRA AND ORS.versusASHA ARUN GAWALI AND ANR.

2004 INSC 317Disposed off

The Bombay High Court quashed the detention of a prisoner under the National Security Act after finding that the jail officials had allowed unauthorised visitors to meet the inmate, facilitating conspiracies to commit murders. The High Court directed criminal prosecution of three jail …

STATE THROUGH S.P., NEW DELHIversusRATAN LAL ARORA

2004 INSC 310Appeal(s) allowed

The respondent, a former commercial superintendent of the Delhi Vidyut Board, was convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe of Rs.1,500. The trial court sentenced him to 20 months and 40 months of rigorous imprisonment …

N. BHARGAVAN PILLAI (DEAD) BY LRS. AND ANR.versusSTATE OF KERALA

2004 INSC 293Dismissed

N.B. Bhargavan Pillai, a public servant on deputation, failed to hand over stock of rice, palmolein and sugar at the end of his tenure, resulting in a shortage valued at Rs.1,63,770. He deposited Rs.50,000 and promised to pay the balance, but retired before a sanction for prosecution could be …

STATE OF RAJASTHANversusSOHAN LAL AND ORS.

2004 INSC 294Appeal(s) allowed

The State of Rajasthan appealed to the Supreme Court against a Rajasthan High Court order that refused leave to appeal an acquittal without providing any reasons. The Supreme Court held that a High Court must record reasons when refusing leave under Section 378 of the Code of Criminal Procedure, …

JANAK SINGH AND ANR.versusSTATE OF UTTAR PRADESH

2004 INSC 285Dismissed

The deceased Khetrapal was proceeding to execute a will in favour of Bhuri Singh when Janak Singh and his accomplice Sarvesh, armed with firearms, opened fire, killing Khetrapal and injuring the witnesses. The prosecution relied on the testimony of Bhuri Singh (PW‑1), an injured eyewitness, to …

RAM BALIversusSTATE OF UTTAR PRADESH

2004 INSC 272Dismissed

The appellant Ram Bali Singh was convicted of murder under Section 302 IPC based on the testimony of two eyewitnesses. He challenged the conviction alleging that medical evidence of an empty stomach contradicted the ocular evidence, that the investigation was defective because the gun was not …

STATE OF UTTAR PRADESHversusDEVENDRA SINGH

2004 INSC 265Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Devendra Singh, who was charged under IPC sections 302, 376 and 201 for the rape and murder of a ten‑year‑old girl. The victim was last seen with the accused in his sugarcane field, and her body was later discovered buried there after the accused …

TESSTA SETALVAD AND ANR.versusSTATE OF GUJARAT AND ORS.

2004 INSC 255Case Partly allowed

The appellants, human‑rights activists including Teesta Setalvad, challenged certain remarks made by the Gujarat High Court in its judgment on the Best Bakery case, where the court disparaged the activists' credibility without giving them an opportunity to be heard. They sought deletion of those …

ZAHIRA HABIBULLA H SHEIKH AND ANR.versusSTATE OF GUJARAT AND ORS.

2004 INSC 256Leave Granted & Allowed

The case arose from the Best Bakery arson in Vadodara, where fourteen people were killed and the accused were acquitted by the trial court after key eyewitnesses turned hostile, allegedly due to political threats. Zahira Sheikh, an eyewitness, filed affidavits with the NHRC alleging coercion and the …

VIJAY KUMAR PRASADversusSTATE OF BIHAR AND ORS.

2004 INSC 242Appeal(s) allowed

The father filed a petition under Section 125 of the CrPC for maintenance against his son in the Siwan court. The son, who was practicing and residing in Patna, applied for transfer of the case, arguing that Siwan lacked jurisdiction because the maintenance respondent lived elsewhere. The High Court …

GUBBALA VENUGOPALASWAMY AND ORS.versusSTATE OF ANDHRA PRADESH

2004 INSC 238Disposed off

The appellants were convicted of murder (IPC 302) and related offences (IPC 326, 324) based largely on the testimony of a single eye‑witness (PW‑1) whose evidence was held by the trial and high courts to be not wholly reliable, while two other eye‑witnesses turned hostile. The appellants challenged …

HASANBHAI VALIBHAI QUERESHIversusSTATE OF GUJARAT AND ORS.

2004 INSC 235Disposed off

The appellant, Hasanbai Valibhai Qureshi, filed a writ petition alleging that the FIR in a communal clash originally listed offences under Sections 395 and 120‑B IPC, but these were later deleted by the police, enabling the accused to obtain bail. He claimed the investigating agency was biased, …

MAIN PAL AND ANR.versusSTATE OF HARYANA AND ORS.

2004 INSC 236Dismissed

The accused Main Pal and others were charged with murder of Hans Raj and offences under the Arms Act. The prosecution relied on eye‑witnesses PW‑1 (Ram Sarup) and PW‑2 (Devi Lal), who were relatives of the deceased, and on firearms recovered at the behest of the accused. The trial court acquitted, …

MADAN SINGHversusSTATE OF BIHAR

2004 INSC 223Dismissed

The case concerns an appeal by Madan Singh and others against their conviction for murder, attempted murder, assault, robbery and offences under the Arms Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA). The police raided a house where about 20‑25 persons were assembled; a …

P. VARADARAJULUversusAGRICULTURAL PRODUCE MARKET COMMITTEE

2004 INSC 220Leave Granted & Allowed

The appellant, P. Varadarajulu, sued the Agricultural Produce Market Committee for renewal of his licence and allotment of a vacant site in the market yard as specified in the decree. The decree ordered the committee to allot the site between plot numbers 10‑C and 11/2, but the committee contended …

STATE OF KARNATAKAversusDR. PRAVEEN BHAI THOGADIA

2004 INSC 218Disposed off

The Additional District Magistrate (ADM) of Dakshina Kannada issued an order under Section 144 of the Criminal Procedure Code restraining Dr. P.B. Thogadia from entering the district for 15 days, fearing his inflammatory speeches would reignite communal tensions. Dr. Thogadia challenged the order, …

STATE OF ANDHRA PRADESHversusC. UMA MAHESWARA RAO AND ANR.

2004 INSC 219Appeal(s) allowed

The State of Andhra Pradesh appealed the acquittal of two public servants who were members of a tender opening committee and were alleged to have demanded and accepted Rs 5,000 each as gratification for clearing a tender file. The complainant lodged a police complaint and was caught in a trap; the …

STATE OF MADHYA PRADESHversusSANJAY RAI

2004 INSC 210Dismissed

The State of Madhya Pradesh charged Sanjay Rai and his parents with offences under Sections 302, 3048 and 201 IPC for the death of Rai's wife, Anita Bai. The trial court convicted Rai under Section 3048, relying heavily on textbook opinions on medical jurisprudence to infer strangulation. On appeal, …

STATE OF ORISSA THROUGH KUMAR RAGHVENDRA SINGH AND ORS.versusGANESH CHANDRA JEW

2004 INSC 206Appeal(s) allowed

The State of Orissa, represented by forest officials, appealed against a complaint filed by G.C. Jew alleging assault, illegal seizure of ivory and other offences under the IPC, the Orissa Forest Act and the Wildlife Protection Act. The respondents claimed the officials acted without legal …

STATE OF U.P. AND ORS.versusGOBARDHAN LAL

2004 INSC 200Appeal(s) allowed

The State of Uttar Pradesh appealed against a Allahabad High Court order that directed a government employee, Gobardhan Lal, to make a representation to the Chief Secretary regarding his transfer and also issued sweeping directions on transfers and promotions of government servants. The employee had …

MOLY AND ANR.versusSTATE OF KERALA

2004 INSC 201Disposed off

The appellants were convicted under Sections 3(1)(iii), 3(1)(v) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They appealed, contending that the Special Court – a Court of Session designated under the Act – could not take cognizance of the offence suo …

STATE OF MAHARASHTRA AND ORS.versusSHRI RAMCHANDRA RAMMILAN MISHRA @ PANDEY

2004 INSC 192Case Partly allowed

The Commissioner of Police, Mumbai detained Shri Ramchandra Rammi​lan Mishra @ Pandey under Section 3(2) of the Maharashtra Prevention of Dangerous Activities (Bootleggers) Slumlords and Drug Offenders Act, 1981 to prevent activities prejudicial to public order. The detenu challenged the detention, …

ASHIRWAD ENTERPRISES AND ORS.versusSTATE OF BIHAR AND ANR.

2004 INSC 193Appeal(s) allowed

The Revenue initiated prosecution under Section 276C of the Income Tax Act, 1961 for alleged concealment of income for AY 1988‑89. The assessees filed a petition under Section 482 Cr.P.C. seeking quash of the prosecution, contending that applications for settlement under Section 245C were pending …

NARCOTICS CONTROL BUREAUversusDILIP PRALHAD NAMADE

2004 INSC 190Leave Granted & Allowed

The Narcotics Control Bureau (NCB) appealed a Bombay High Court order that granted bail to D.P. Namade, who was charged under the NDPS Act for manufacturing and supplying Mandrax tablets. The High Court had granted bail on the ground that the Special Judge's order to provide copies of seized …

STATE OF ANDHRA PRADESHversusRAJ GOPAL ASAWA AND ANR.

2004 INSC 179Case Partly allowed

The Supreme Court examined the suicide of a young woman within months of her marriage, for which her brother‑in‑law (A‑1) and mother‑in‑law (A‑2) were convicted under Sections 304‑B IPC and 498‑A IPC for demanding dowry. The State appealed the High Court’s acquittal of the accused, arguing that a …

A.S. KRISHNAN AND ANR.versusSTATE OF KERALA

2004 INSC 180Dismissed

The appellants, a doctor and his son, conspired with an assistant registrar to forge pre‑degree mark sheets to obtain medical college admission. The forged mark list was used knowingly, as evidenced by inconsistencies in marks, the date of the document, and the appellants' request for re‑valuation. …

ESHER SINGHversusSTATE OF ANDHRA PRADESH

2004 INSC 170Dismissed

The case involved Esher Singh and others who were accused of giving provocative speeches to promote a Khalistan movement and of conspiring to murder Joga Singh, the owner of several Sikh educational institutions. The Designated Court convicted Esher Singh under Section 4 of the Terrorist and …

DANI SINGH AND ORS.versusSTATE OF BIHAR

2004 INSC 167Dismissed

The appellants were convicted for the murder of two villagers after a violent mob attacked them with bombs and sharp weapons, subsequently burning the bodies. The prosecution alleged that the accused formed an unlawful assembly of five or more persons with a common object to kill the victims, and …

DR. B. SINGHversusUNION OF INDIA AND ORS.

2004 INSC 160Dismissed

Dr. B. Singh filed a petition under Article 32 of the Constitution challenging the appointment of a High Court judge on the basis of newspaper clippings and an affidavit that did not disclose the source of the allegations. The petitioner offered no personal knowledge, did not investigate the truth …

CHARAN SINGH AND ORS.versusSTATE OF UTTAR PRADESH

2004 INSC 153Disposed off

The case arose from a violent clash over a disputed passage construction in Uttar Pradesh, resulting in three deaths and several injuries. Twenty‑four persons were charged; the trial court convicted seven under Sections 302 and 307 read with Section 149 IPC, while the High Court affirmed those …

DHANAJ SINGH @ SHERA AND ORS.versusSTATE OF PUNJAB

2004 INSC 154Dismissed

The appellants, Dhanaj Singh @ Shera and others, were convicted for murder under Section 302 read with Section 34 of the IPC. They contended that the police investigation was defective – forensic samples were not sent for chemical or ballistic analysis and several potential witnesses were not …

KOPPULA VENKAT RAOversusSTATE OF ANDHRA PRADESH

2004 INSC 155Appeal(s) allowed

The appellant, Koppula Venkat Rao, was convicted of rape for allegedly forcing a teenage girl into a cattle shed, dragging her onto his bicycle, and ejaculating before any penetration occurred. The trial court and High Court upheld the conviction under Section 376 IPC, treating ejaculation as the …

STATE OF U.PversusABHAI RAJ SINGH AND ANR.

2004 INSC 142Disposed off

The accused were convicted of murder under Section 302 read with Section 34 of the IPC. The trial court records were destroyed in a fire, and the High Court, after a long delay, concluded that reconstruction was impossible and ordered the acquittal of the accused. The Supreme Court held that the …

HARI MOHAN MANDALversusSTATE OF JHARKHAND

2004 INSC 143Dismissed

Hari Mohan Mandal was convicted of offences under Sections 302 and 307 of the Indian Penal Code for a violent altercation that resulted in the death of Narayan Mandal and injuries to other witnesses. The appellant challenged the reliability of eyewitness testimony, argued that the injuries he …

COMMISSIONER, COMMERCIAL AND SALES TAXES AND ORS.versusM/S. ORIENT PAPER MILLS AND ANR.

2004 INSC 114Disposed off

The Commissioner of Commercial and Sales Taxes appealed against the order of the Supreme Court which upheld the High Court's direction that Orient Paper Mills deposit Rs 50 lakhs and later Rs 25 lakhs pending a sales‑tax assessment. The revenue argued that Section 14‑C of the Orissa Sales Tax Act …

UNION OF INDIA AND ORS.versusMOHAN LAL LIKUMAL PUNJABI AND ORS.

2004 INSC 116Case Partly allowed

The Union of India appealed against a Bombay High Court order that set aside a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the first proviso of Section 2(2)(b) rendered the proceedings non est after the …

SHEO SHYAM AND ORS.versusSTATE OF U.P. AND ORS.

2004 INSC 110Appeal(s) allowed

The Union Public Service Commission (UPSC) made piecemeal recommendations for appointment to the post of Assistant Prosecuting Officer. When 30 candidates failed to join, the Uttar Pradesh Government requested seven additional names from the waiting list, but the UPSC refused, stating that the …

STATE OF H.P.versusNARENDRA KUMAR AND ANR.

2004 INSC 111Appeal(s) allowed

The State of Himachal Pradesh prosecuted Narendra Kumar (accused No.1) and a vendor (accused No.2) under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated sugar. A food inspector sealed a sample and sent it, along with a memorandum and seal impression, to a …

UNION OF INDIAversusAMRIT LAL MANCHANDA AND ANR.

2004 INSC 112Appeal(s) allowed

The Union of India appealed against a Punjab and Haryana High Court order that quashed a COFEPOSA detention order passed on 31‑10‑2001 against Amrit Lal Manchanda. The respondent had obtained a stay of the detention order and later argued that the long lapse of time made the order untenable, relying …

PRAKASH NATH KHANNA AND ANR.versusCOMMISSIONER OF INCOME TAX AND ANR.

2004 INSC 113Dismissed

The appellants, partners of a firm, filed their income‑tax return for AY 1988‑89 on 20‑Mar‑1991, well after the statutory due date of 31‑Jul‑1988, and were later prosecuted under Section 276‑CC of the Income Tax Act, 1961. They contended that filing the return under Section 139(4) before the …

UNION OF INDIA AND ORS.versusSRI JANARDHAN DEBANATH AND ANR.

2004 INSC 105Appeal(s) allowed

Four employees of the Postal Services Department were transferred from the Agartala Division to the Meghalaya Division on the ground of alleged misbehaviour with a senior lady officer. They challenged the transfer before the Central Administrative Tribunal, which did not interfere, and subsequently …

ORIENTAL INSURANCE CO. LTD.versusSHRI NANJAPPAN AND ORS.

2004 INSC 106Disposed off

An accident occurred on 15 September 1990 and the claimants filed a petition under the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that only the vehicle owner (the insured) was liable, rejecting any liability on the insurer. The Madras High Court, relying …

FAKEERAPPA AND ANR.versusKARNATAKA CEMENT PIPE FACTORY AND ORS.

2004 INSC 107Case Partly allowed

The parents of a 27‑year‑old deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded compensation using a multiplier of 18, deducted 50% of the deceased's monthly income for personal expenses, and fixed interest at 6% per annum. The High …

STATE OF HIMACHAL PRADESHversusDHANWANT SINGH

2004 INSC 104Case Partly allowed

Police seized a truck carrying resin on the ground that the driver could not produce an export permit. The Forest Officer ordered confiscation of the truck under Section 59(2) of the Indian Forest Act, 1927 (as amended). The Additional Sessions Judge, on appeal, held that the officer lacked …

R. PRAKASHversusSTATE OF KARNATAKA

2004 INSC 97Dismissed

The appellant, A-1, assaulted the victim PW-3 with a weapon, causing injuries that were classified as simple hurt. The trial court acquitted A-1, discarding the testimony of several eyewitnesses on the ground that they were friendly with the victim and deeming their evidence not cogent. On appeal, …

RAJU PANDURANG MAHALEversusSTATE OF MAHARASHTRA AND ANR.

2004 INSC 98Dismissed

The appellant, Raju Pandurang Mahale, lured the prosecutrix to the house of another accused by false pretence, locked the door from outside, supplied liquor and forced her to consume it, after which she was assaulted, forcibly disrobed and raped by another accused while nude photographs were taken. …

AMAN KUMAR AND ANR.versusSTATE OF HARYANA

2004 INSC 93Case Partly allowed

The appellants were convicted of rape under Section 376(2)(g) IPC based largely on the testimony of the prosecutrix, a minor girl, while other witnesses turned hostile. On appeal, the Supreme Court examined whether a prosecutrix's testimony can be relied upon without corroboration and whether the …

K.KUNHAMBUversusSMT. CHANDRAMMA AND ORS.

2004 INSC 94Dismissed

The appellant, K. Kunhambu, purchased a saw‑mill business and obtained a lease of lands that were expressly for running a saw‑mill and other industrial activities. He applied for occupancy rights under Sections 45 and 48A of the Karnataka Land Reforms Act, 1961, claiming he was a tenant cultivating …

STATE OF PUNJAB AND ORS.versusS.L. CHADHA

2004 INSC 91Appeal(s) allowed

S.L. Chadha, a government employee who joined service in 1983, had his date of birth recorded as 19‑06‑1944. In 1995 he applied, under a 1994 notification, to change it to 13‑12‑1945, and the Deputy Commissioner’s enquiry supported his claim, but the State Government rejected it. The Punjab High …

KUNJAN NAIR SIVARAMAN NAIRversusNARAYANAN NAIR AND ORS.

2004 INSC 90Case Partly allowed

The legal heirs (respondents) sued the appellant for declaration of title and possession of certain land; an earlier suit had only sought title and injunction. The appellant later filed a suit for recovery of possession and mesne profits, claiming he was a cultivating tenant and seeking compensation …

NARAIN SINGH AND ANR.versusSTATE OF HARYANA

2004 INSC 87Appeal(s) allowed

Four accused abducted the deceased, who later died en route to the hospital. The prosecution relied solely on a statement recorded under Section 161 CrPC, treated as a dying declaration, to secure convictions. The trial court convicted all four; the High Court acquitted two on the ground that the …

ANTER SINGHversusSTATE OF RAJASTHAN

2004 INSC 88Appeal(s) allowed

Anter Singh was convicted for the murder of Hansraj based largely on a pistol and empty cartridges recovered after he, while in police custody, disclosed their location. The prosecution relied on Section 27 of the Indian Evidence Act to admit the recovered items, asserting they were the murder …

STATE OF ORISSAversusDHANIRAM LUHAR

2004 INSC 78Appeal(s) allowed

The State of Orissa prosecuted Dhaniram Luhar for encroaching about five acres of reserved forest land under Section 27(1)(a) of the Orissa Forest Act, 1972. Although the accused admitted the encroachment in his statement under Section 313 of the Code of Criminal Procedure, the trial court acquitted …

GIRIJA SHANKARversusSTATE OF U.P.

2004 INSC 79Case Partly allowed

The appellant, Giri Ja Shankar, was convicted along with three others for murder (Sec. 302), assault (Sec. 307) and snatching (Sec. 394) IPC, each conviction read with Sec. 34. The trial court and the High Court held that the accused shared a common intention, despite the fact that the fatal shot …

NARAINversusSTATE OF MADHYA PRADESH

2004 INSC 80Appeal(s) allowed

Eight persons, including Narain Singh, were tried for offences under various sections of the IPC for the death of Makhan and injuries to others. The prosecution's case relied on inconsistent statements from an informant, a disputed dying declaration, and eye‑witnesses who gave varying accounts of …

STATE OF U.P.versusVIRENDRA PRASAD

2004 INSC 74Appeal(s) allowed

The police raided the house of a gambling den where Virendra Prasad and his father Ram Prasad were present. When the police attempted to seize a rifle, Virendra snatched it from his father and fired seven rounds at the police party, killing ASI Gokaran Nath Pandey and injuring two constables. The …

P. SRINIVASversusM. RADHAKRISHNA MURTHY AND ORS.

2004 INSC 71Appeal(s) allowed

The appellant and respondent were selected by the Andhra Pradesh Service Commission for the post of Road Transport Officer in 1987. The appointment order gave 60 days to join, but the appellant, then employed by the Central Government, obtained a 20‑day extension from the State Government and joined …

STATE OF M.P.versusDESHRAJ AND ORS.

2004 INSC 67Dismissed

Eleven accused were tried for the death of Ramdin and injuries to three witnesses arising from a sudden quarrel over a bullock‑cart fare. The trial court convicted ten of them under Section 323 read with Section 34 IPC, holding that the prosecution could not link specific injuries to specific …

SMT. KRISHNA KANWAR@ THAKURAEENversusSTATE OF RAJASTHAN

2004 INSC 61Dismissed

The appellants, Smt. Krishna Kanwar and co‑accused, were seized with heroin after a police interception and were convicted under Sections 8 and 21 of the NDPS Act. They challenged the conviction on the ground that the prosecution had breached procedural requirements of Sections 42, 50 and 57 of the …

SOPAN SUKHDEO SABLE AND ORS.versusASSISTANT CHARITY COMMISSIONER AND ORS.

2004 INSC 56Appeal(s) allowed

The plaintiffs, Sopan Sukhdeo Sable and others, filed a civil suit seeking a declaration that they were tenants of properties owned by the Shaneshwar Deosthan Trust, alleging forcible eviction and claiming injunction, compensation and other reliefs. The trial court dismissed the suit under Order VII …

KULWANT SINGH AND ORS.versusSTATE OF PUNJAB

2004 INSC 57Dismissed

The appellants, Kulwant Singh and others, were charged with murder, attempt to murder and causing hurt arising from a land‑boundary dispute in which two of the victims, Kartar Kaur and Partap Singh, were injured and later died. The trial court acquitted them on the basis of private defence, but the …

UNION OF INDIA AND ANR.versusSNEHA KHEMKA AND ANR.

2004 INSC 58Disposed off

The husband of the petitioner was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) for alleged undervaluation of imported goods. He filed three representations – two to the Joint Secretary (detaining authority) and one to the Central …

SHRI GOPAL AND ANR .versusSUBHASH AND ORS.

2004 INSC 59Dismissed

The case involved a murder arising from a rivalry between two village groups, leading to the death of Ramkumar. Five persons were tried; the trial court convicted all under Sections 148, 302 and 149 of the IPC, sentencing them to life imprisonment. The Rajasthan High Court acquitted three of the …

B. SHASHIKALAversusSTATE OF ANDHRA PRADESH

2004 INSC 51Dismissed

The deceased, married to the brother of the appellant, was allegedly poured with kerosene and set alight by the appellant and her mother. She escaped the house, was rescued by neighbours, and later died from extensive burns. While in the hospital, a dying declaration was recorded by a Munsif …

DASTAGIR SAB AND ANR.versusSTATE OF KARNATAKA

2004 INSC 52Dismissed

The appellant Dastagir Sab and another were convicted of rape under Section 376(2)(g) of the IPC. The prosecution proved that the victim had seen the accused on three occasions before the assault, that the accused were chased, caught, and allegedly confessed, and that semen was found on the victim's …

CHACKO @ ANIYAN KUNJU AND ORS.versusSTATE OF KERALA

2004 INSC 48Case Partly allowed

Four accused assaulted Kuttappan with the handles of an axe, spade and an iron rod at night, causing injuries mainly on non‑vital parts and a single fatal head wound. The trial court convicted them of murder under Section 302 read with Section 34, a decision affirmed by the Kerala High Court. On …

VIDHYA DEVI AND ANR.versusSTATE OF HARYANA

2004 INSC 42Dismissed

The appellants Vidhya Devi and others were convicted under Section 304‑B IPC for the dowry death of Satyawati, who was set ablaze four months after a dowry demand and died within seven years of marriage. The trial court and High Court upheld the conviction, and the appellants appealed, challenging …

MOTI LALversusSTATE OF M.P. (NOW CHHATTISGARH)

2004 INSC 43Dismissed

The appellant, a husband, was convicted for dowry harassment and cruelty towards his wife, which culminated in her suicide. The trial court found him guilty under IPC Sections 498A and 306 read with Section 34, sentencing him to three years for cruelty and seven years for abetment of suicide, to run …

NATIONAL INSURANCE CO. LTD.versusKESHAV BAHADUR AND ORS.

2004 INSC 44Appeal(s) allowed

The deceased was killed in a road accident and his sons filed a claim under Section 109 of the Motor Vehicles Act, 1939. The insurer’s policy limited third‑party liability to Rs 50,000 and the premium paid was Rs 240. The Motor Vehicles Tribunal awarded compensation of Rs 72,000 with interest at 12% …

STATE OF WEST BENGAL AND ORS.versusSUJIT KUMAR RANA

2004 INSC 45Appeal(s) allowed

The State seized a truck carrying forest produce without a transit permit and initiated confiscation proceedings under the West Bengal amendments to the Indian Forest Act, 1927. The District Judge set aside the confiscation order on the ground that the notice under Section 59‑B was invalid, …

SARDAR KHANversusSTATE OF KARNATAKA

2004 INSC 46Dismissed

The appellant, Sardar Khan, was convicted under Sections 302 and 498A of the Indian Penal Code for brutally murdering his wife and attempting to burn her body, following a pattern of harassment, assault causing abortion, and pawn‑selling her jewellery. The trial court sentenced him to life …

MEHBOOB DAWOOD SHAIKHversusSTATE OF MAHARASHTRA

2004 INSC 39Dismissed

Mehboob Dawood Shaikh was accused of instigating a mob assault and murder during a communal riot in Solapur. After being denied bail by the Sessions Judge, the Bombay High Court granted him bail. The State later moved an application under Section 439(2) of the CrPC to cancel the bail, alleging that …

T. SHANKAR PRASADversusSTATE OF ANDHRA PRADESH

2004 INSC 31Dismissed

The appellants, T. Shankar Prasad (Assistant Commercial Tax Officer) and Ghaiz Basha (Junior Assistant), were convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for demanding and receiving a bribe to issue way‑bills. The complainant paid the demanded amount to …

THE SPECIAL DIRECTOR AND ANR.versusMOHD. GHULAM GHOUSE AND ANR.

2004 INSC 28Appeal(s) allowed

Respondent No. I filed a writ petition in the Bombay High Court challenging a show‑cause notice issued by the Special Director of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 and the Foreign Exchange Management Act, 1999, and sought an interim injunction restraining …

REEMA AGGARWALversusANUPAM AND ORS.

2004 INSC 25Appeal(s) allowed

Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The …

MANGILALversusSTATE OF MADHYA PRADESH

2004 INSC 6Case Partly allowed

Mangilal was convicted of murder and other offences and sentenced to life imprisonment. The Madhya Pradesh High Court, exercising its revisional powers, ordered him and the other accused to pay Rs.30,000 as compensation under Section 357(3) and (4) of the Cr.P.C. without hearing them on the quantum …

CHANAKYA DHIBAR (DEAD)versusSTATE OF WEST BENGAL AND ORS.

2003 INSC 743Appeal(s) allowed

The case concerns the murder of Jaba Dhibar on 16 September 1985, for which five accused were convicted by the trial court under Sections 148 and 304 Part I read with Section 149 of the IPC. The Calcutta High Court acquitted the accused, disbelieving the testimony of two eye‑witnesses (PW‑3 and …

VIDEOCON PROPERTIES LTD.versusDR. BHALCHANDRA LABORATORIES AND ORS.

2003 INSC 744Appeal(s) allowed

Videocon Properties Ltd. entered into a sale agreement with Dr. Bhalchandra Laboratories, paying Rs 38 lakhs as "deposit or earnest money". The sellers failed to fulfil their obligations, prompting Videocon to terminate the contract and demand a refund with 21% interest as per Clause 2.3. The …

STATE OF ANDHRA PRADESHversusK. SRINIVASULU REDDY AND ANR.

2003 INSC 733Appeal(s) allowed

The State of Andhra Pradesh prosecuted K. Srinivasulu Reddy and others for the murder of Gangi Reddy, alleging a conspiracy driven by property disputes. The trial court convicted A-1 and A-2 under Section 302 IPC, finding a common intention to kill, while acquitting A-3 and A-4 and dismissing a …

SHAMSUDDIN AND ORS.versusSTATE OF M.P.

2003 INSC 734Dismissed

The case arose from communal disturbances in Sandhwa, Madhya Pradesh on 21 October 1990, where the deceased Rajunath was killed and Narish Chandra (PW‑1) was seriously injured. The accused, Shamsuddin and others, were charged under Sections 302 and 307 read with Section 34 of the IPC. The trial …

UNION OF INDIAversusSAVJIRAM AND ANR.

2003 INSC 727Case Partly allowed

The Union of India acquired land in Madhya Pradesh for a project, and the landowners had houses on the land. The Land Acquisition Officer deducted a 5% depreciation from the valuation of the houses, which the landowners contested. The reference court held that no depreciation should be deducted and …

RAJENDRA AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 730Dismissed

The police received information that two persons at a railway platform were carrying large quantities of ganja in their suitcases. Acting on this information, they searched the suitcases and seized 40 kilograms of ganja, which was sent for forensic analysis and kept in sealed custody. The accused …

STATE OF PUNJABversusRAMDEV SINGH

2003 INSC 731Appeal(s) allowed

The State of Punjab appealed the acquittal of Ramdev Singh, who was convicted by a trial court for raping a minor girl. The FIR was lodged 17-18 days after the incident because the victim's father was seriously ill, and the medical report noted that the girl was habituated to sexual intercourse. The …

JAMES MARTINversusSTATE OF KERALA

2003 INSC 722Appeal(s) allowed

The case arose from a bandh in which activists forcibly entered the flour mill of James Martin and his father, demanding its closure. When the activists assaulted the mill employee and threatened further violence, the accused retrieved a firearm and fired, killing two activists and injuring others. …

GORLE S. NAIDUversusSTTE OF A.P. AND ORS.

2003 INSC 719Dismissed

The case involved 39 accused persons alleged to have assaulted and caused the deaths of two villagers in Patharlapalle. The trial court convicted some and acquitted others, while the Andhra Pradesh High Court acquitted all, finding the prosecution’s case riddled with inconsistencies, delayed FIR …

SUSHIL MURMUversusSTATE OF JHARKHAND

2003 INSC 708Dismissed

The appellant, Sushil Murmu, a tribal and illiterate man, sacrificed a nine‑year‑old child before Goddess Kali, severed the child's head and disposed of it in a pond. He was convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to death for murder and seven years’ rigorous …

UMA DEVI NAMBIAR AND ORS.versusT.C. SIDHAN (DEAD)

2003 INSC 705Appeal(s) allowed

The petitioners, daughters of the deceased, filed an application under Sections 192‑195 of the Indian Succession Act seeking possession of their ancestral house, alleging illegal occupation by the respondent who claimed title under a purported joint will. The District Judge, in a summary proceeding, …

ASHFAQversusSTATE (GOVT. OF NCT OF DELHI)

2003 INSC 701Dismissed

Four accused entered the complainant's house, threatened the occupants with a pistol and knives, and stole cash, a gold chain and a Sten gun. The victims identified the accused in court, but no test identification parade was conducted. The trial court convicted them under Sections 452, 392 and 397 …

HARE RAM PANDEYversusSTATE OF BIHAR AND ORS.

2003 INSC 702Dismissed

Hare Ram Pandey was detained under Section 12 of the Bihar Control of Crimes Act, 1981. He challenged the pre‑detention order before the Patna High Court under Article 226, claiming the order was beyond legal authority and was motivated by political vendetta. The High Court dismissed the petition …

STATE OF H.P.versusM.P. GUPTA

2003 INSC 697Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal Pradesh High Court’s order quashing charges against M.P. Gupta, a former Chief Conservator of Forests, on the ground that the prosecution lacked the sanction required under Section 197 of the Criminal Procedure Code. The accused had been …

UNION OF INDIAversusKULDEEP SINGH

2003 INSC 696Appeal(s) allowed

Kuldeep Singh was found in possession of 880 litres of Acetic N‑hydride, a precursor for heroin, and was convicted under Sections 9A, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment. The Rajasthan High Court …

STATE OF PUNJABversusBHAG SINGH

2003 INSC 692Appeal(s) allowed

Bhag Singh was tried under Section 18 of the NDPS Act and acquitted by the trial court because the prosecution case rested solely on official witnesses and lacked an independent witness. The State of Punjab sought leave to appeal the acquittal under Section 378(3) of the CrPC, but the Punjab and …

GOVT. OF A.P. AND ORS.versusM.T. KHAN

2003 INSC 691Appeal(s) allowed

The Government of Andhra Pradesh issued a Government Order granting remission of sentences to certain categories of prisoners, expressly excluding those convicted by courts of other States but serving their sentences in Andhra Pradesh. Two convicts, S. Appala Swamy (convicted in Madhya Pradesh) and …

RESERVE BANK OF INDIA AND ANR.versusCECIL DENNIS SOLOMON AND ANR.

2003 INSC 688Appeal(s) allowed

The respondents, who were employees of the Reserve Bank of India, resigned in 1988 before the RBI Pension Regulations, 1990 came into force. The Pension Regulations, particularly Regulation 18, state that resignation results in forfeiture of service and disqualification for pension. The High Court …

STATE (UNION OF INDIA)versusRAM SARAN

2003 INSC 689Appeal(s) allowed

The respondent, Constable Ram Saran of the CRPF, was convicted by an Assistant Commandant exercising the powers of a Judicial Magistrate under Section 10(m) of the Central Reserve Police Force Act for unauthorised absence and sentenced to three months' imprisonment. The Sessions Court and the …

STATE OF ORISSAversusKANDURI SAHOO

2003 INSC 690Appeal(s) allowed

On 13 May 1994, Excise officials seized about 12 kg of cannabis from the accused and sent a 50‑gram sample for chemical analysis four days later. The trial court convicted the accused under Section 20(b)(i) of the NDPS Act, but the Orissa High Court acquitted him, holding that the prosecution failed …

SAIKOU JABBIversusSTATE OF MAHARASHTRA

2003 INSC 687Dismissed

Saikou Jabi, a Gambian national, was intercepted at Bombay airport with approximately 1 kg of heroin concealed in a suitcase. The baggage was screened on an X‑ray machine and the contraband was recovered from the suitcase, not from a personal search of Jabi. He was charged under Sections 21, 23, 28 …

PRAKASHversusSTATE OF HARYANA

2003 INSC 685Dismissed

The appellant, Prakash, was charged along with another accused for kidnapping and attempted rape of a 5½‑year‑old girl. The victim’s grandmother (PW‑5) witnessed the incident and testified that she heard the child’s cries and found the child naked in the accused’s house. The trial court convicted …

PRABHA SHANKAR DUBEYversusSTATE OF MADHYA PRADESH

2003 INSC 686Dismissed

The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of …

BRIJ BEHARI SAHAI (DEAD) THROUGH LRS. ETC. ETC.versusSTATE OF UTTAR PRADESH

2003 INSC 679Appeal(s) allowed

The State of Uttar Pradesh sought acquisition of lands that had been held by the heirs of Rana family under a perpetual lease and for which ground rent was periodically payable. The claimants, represented by the estate of B.B. Saha, argued that they were entitled to compensation as lessees, while …

SURENDRA PASWANversusSTATE OF JHARKHAND

2003 INSC 680Dismissed

The appellant was convicted of murder under Sections 302 and 34 IPC for shooting the deceased, based primarily on the testimony of three eyewitnesses. The defence argued that the prosecution failed to explain the minor injuries on the accused, did not submit the recovered bullet for …

RAM DULAR RAI AND ORS.versusSTATE OF BIHAR

2003 INSC 674Dismissed

The appellants, including Ram Dular Rai, were convicted for murder, attempted murder and related offences after a night‑time assault on a household in which they fired on the son and daughter of the informant. The trial court identified four of the accused but noted that several other armed persons …

STATE OF KARNATAKAversusPUTTARAJA

2003 INSC 675Appeal(s) allowed

The accused, Puttaraja, was convicted of raping a pregnant woman in the presence of her husband under Section 376 IPC. The trial court sentenced him to five years’ imprisonment and a fine, despite the statutory minimum of seven years. The Karnataka High Court reduced the sentence to the 46 days …

BIKAU PADEY AND ORSversusSTATE OF BIHAR

2003 INSC 671Dismissed

The appellants were convicted for the murder of Sarjug Rai under Section 302 read with Section 149 of the Indian Penal Code, alleging that they formed an unlawful assembly with a common object to kill the victim. The Supreme Court examined whether the prosecution had proved the essential ingredient …

SHRIRAMversusSTATE OF MADHYA PRADESH

2003 INSC 665Dismissed

The appellant Shriram and seven others were convicted for rioting and the murder of Hemraj, with the trial court finding them guilty under Sections 302 and 149 IPC. They claimed to have sustained injuries and pleaded right of private defence, arguing that the prosecution had failed to explain those …

GOURA VENKATA REDDYversusSTATE OF ANDHRA PRADESH

2003 INSC 651Case Partly allowed

The case arose from a politically motivated attack in which two persons were killed after the accused threw stones at them; each accused allegedly threw only one stone. The trial court convicted the principal accused under Section 302 read with Section 109 IPC and the others under Sections 302 and …

STATE OF MADHYA PRADESHversusAVADH KISHORE GUPTA AND ORS.

2003 INSC 643Appeal(s) allowed

The State of Madhya Pradesh appealed a Madhya Pradesh High Court order that quashed a criminal investigation under the Prevention of Corruption Act against Awadh Kishore Gupta, an executive engineer, on the ground that he had acquired assets beyond his known sources of income. The High Court had …

ASHOK KUMAR PANDEYversusTHE STATE OF WEST BENGAL AND ORS.

2003 INSC 645Dismissed

The petitioner filed a writ petition under Article 32 seeking conversion of a death sentence to life imprisonment on the ground that the execution had been delayed for a long time, alleging mental torture of the condemned. He claimed the case was a public interest litigation, relying on the ratio in …

BHARGAVAN AND ORS.versusSTATE OF KERALA

2003 INSC 635Dismissed

The deceased Chandran was brutally assaulted by six accused who were armed with deadly weapons and later died of his injuries. The prosecution relied on the nephew’s eye‑witness testimony, dying declarations made before three police officers, and medical evidence, leading to convictions under …

VIDYADHARANversusSTATE OF KERALA

2003 INSC 632Disposed off

The appellant VidyadHarAn was convicted under Sections 354 and 448 of the IPC and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly outraging the modesty of a married woman. He challenged the conviction on the grounds of false implication, the …

STATE OF ANDHRA PRADESHversusV. VASUDEVA RAO

2003 INSC 630Appeal(s) allowed

The State of Andhra Pradesh prosecuted V. Vasudeva Rao, an Assistant Controller, for demanding a bribe to prevent his transfer and for accepting the money, which he claimed was a hand loan. A trap was arranged, the accused was caught with the money, and the complainant died before he could be …

CHAUDHARI RAMJI BHAI NARASANGBHAIversusSTATE OF GUJARAT AND ORS.

2003 INSC 620Dismissed

The appellant Chaudhary Ramji Narsang and two co‑accused were alleged to have assaulted the appellant's father and brothers in an agricultural field, resulting in the father's death. The trial court acquitted them, finding contradictions among witnesses and questioning the medical evidence. The …

DR. R.N. RAJANNAversusSTATE OF KARNATAKA AND ANR.

2003 INSC 618Dismissed

Dr. R.N. Rajanna, a Karnataka state government employee, retired voluntarily while on deputation to a public sector undertaking and sought re‑fixation of his pension at 50% of his emoluments, relying on three Government Orders (1983, 1986, 1994). He contended that the deputation allowance should be …

SUCHAND PALversusPHANI PAL AND ANR.

2003 INSC 607Dismissed

The appellant, Suchand Pal, appealed against the Calcutta High Court's acquittal of the accused Phani Pal for murder and related offences. The trial court had convicted Phani Pal based on the prosecution's claim that a gun was fired from a short range and on a dying declaration of the deceased, …

INDRA BHAUN GAURversusCOMMITIEE, MANAGEMENT OF M.M. DEGREE COLLEGE AND ORS.

2003 INSC 611Disposed off

The appellant, a college principal, was accused of tampering with his son’s answer sheet in a university examination. The Managing Committee suspended him, issued a charge‑sheet and, after multiple adjournments, found him guilty and recommended dismissal, later changed to termination with the …

KASHI NATH (DEAD) THROUGH LRS.versusJAGANATH

2003 INSC 605Dismissed

Kashi Nath claimed to be the adopted son of the temple pujari Bala Bux, seeking exclusive rights to manage the Thakurji Shri Gopalji temple, perform sevapuja and receive offerings. The respondents contested his claim, arguing that no valid adoption existed. The trial court, the first appellate …

BANTI @ GUDDUversusSTATE OF MADHYA PRADESH

2003 INSC 598Dismissed

Banti (Guddu) and Teekaram were convicted for the murder of Pravin Pathak under IPC s.302 r/w s.34. The prosecution relied on two eye‑witnesses, PW‑I (the deceased’s brother) and PW‑II (a friend), who identified the accused. The defence presented DW‑1, who initially corroborated the eye‑witnesses …

UNION OF INDIA AND ORS.versusJAIPAL SINGH

2003 INSC 592Appeal(s) allowed

The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages …

RAM UDGAR SINGHversusSTATE OF BJHAR

2003 INSC 593Dismissed

The appellant, Ram Udgar Singh, was convicted under Section 302 IPC and Sections 25A and 27 of the Arms Act for the murder of a political rival. The conviction was based on the testimony of four eyewitnesses, while eight co‑accused were acquitted on the same evidence. The appellant challenged the …

RAMANAND YADA VversusPRABHU NATH JHA AND ORS.

2003 INSC 589Appeal(s) allowed

The case concerns the murder of Thakkan Yadav on 16 June 1991, for which eight accused were convicted by a trial court under IPC sections 302 and 149, the Arms Act and the Explosive Substances Act. The Patna High Court acquitted all eight, relying on alleged procedural lapses such as the victim’s …

BABU LAL AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 590Dismissed

The Supreme Court examined the appeal of seven accused whose convictions for offences under Sections 147, 148, 149 and 302 of the IPC were upheld by the Madhya Pradesh High Court. The Court clarified that a statement made by a deceased person before death can be treated as a dying declaration under …

KISHOREBHAI KHAMANCHAND GOYALversusSTATE OF GUJARAT AND ANR.

2003 INSC 584Dismissed

Kishorebhai Khamanchand Goyal, a motor‑transport operator, was convicted under the Bombay Shops and Establishments Act, 1948 and challenged the conviction on the ground that the later Motor Transport Workers Act, 1961 (specifically s.37) had by necessary implication repealed the State Act. The …

REGU MAHESH @ REGU MAHESWAR RAOversusRAJENDRA PRATAP BHANJ DEV AND ANR.

2003 INSC 588Dismissed

The appellant Regu Mahesh filed an election petition challenging the election of Rajendra Pratap Bhanj Dev from the Saluru (ST) constituency on the ground that the respondent did not belong to a Scheduled Tribe. The Andhra Pradesh High Court dismissed the petition, holding that it lacked proper …

RATANSINH DALSUKHHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 573Dismissed

The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a ten‑year‑old child who witnessed the crime. The appellant challenged the conviction, arguing that a child’s evidence must be unblemished and corroborated, and that the child was likely tutored by a …

PREM SAGARversusDHARAMBIR AND ORS .

2003 INSC 574Case Partly allowed

The case involved three accused—Dharambir, Joginder and Karambir—who were convicted for the murders of Dalbir, Vijender and Smt. Kitabo under Sections 302, 34 and 120‑B of the IPC. The trial court sentenced Dharambir and Joginder to death and Karambir to life imprisonment; the High Court commuted …

STATE OF PUNJABversusDARSHAN SINGH

2003 INSC 575Case Partly allowed

The respondent, a former senior compositor, was removed from service in 1977 and later reappointed as a junior compositor on a temporary basis. He filed a declaratory suit challenging the removal and seeking pay adjustments, which was dismissed by the trial court. The First Appellate Court reversed …

SARVA SHRAMIK SANGHversusMIS. INDIAN SMELTING AND REFINING CO. LTD. AND ORS.

2003 INSC 569Dismissed

The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial …

JAI KARAN AND ORS.versusSTATE OF U.P.

2003 INSC 571Dismissed

The appellants Jai Karan, Veer Bhadra and Babu were convicted for murder and related offences under Sections 148, 149, 302 and 323 of the IPC after a prosecution case that relied heavily on the testimony of an injured eyewitness, PW‑2, who was a relative of the deceased. The appellants challenged …

TULSHIDAS KANOLKARversusTHE STATE OF GOA

2003 INSC 567Dismissed

Tulshidas Kanolkar was convicted of rape and criminal intimidation of a mentally challenged girl who later gave birth to a stillborn child. The appellant argued that the delay in filing the FIR, the non‑examination of certain witnesses, and the victim’s alleged consent should exonerate him or reduce …

THE MUNICIPAL CORPORATION OF GREATER BOMBAYversusSHRI LAXMAN IYER AND ANR.

2003 INSC 568Case Partly allowed

The parents of an 18‑year‑old cyclist who died after being struck by a bus owned by the Municipal Corporation of Greater Bombay filed a claim petition under Sections 110‑A and 110‑B of the Motor Vehicles Act, 1939. The Motor Accidents Claims Tribunal awarded compensation using a multiplier of 15, …

BHUPINDER SHARMAversusSTATE OF HIMACHAL PRADESH

2003 INSC 562Dismissed

The appellant Bhupinder Sharma was convicted of gang rape under Section 376 read with Section 34 of the IPC and of kidnapping under Section 342. The trial court sentenced him to four years' rigorous imprisonment for the rape, citing that he had not actually completed the act before the victim …

KAMALJIT SINGHversusSTATE OF PUNJAB

2003 INSC 552Dismissed

The appellant, Kamaljit Singh, was charged with the murder of Gurcharan Singh and Sucha Singh and with causing grievous hurt to Udain Gosha. The trial court acquitted him, citing a delay in filing the FIR, a minor discrepancy between medical and ocular evidence, and the alleged bias of the key …

PARASA RAJU MANIKYALA RAO AND ANR.versusSTATE OF A.P.

2003 INSC 548Dismissed

The appellants, Parasa Raju Manikyala Rao and another, were convicted by the Andhra Pradesh High Court under Section 302 read with Section 34 of the Indian Penal Code for the murder of Parasa Satyanarayana. They appealed to the Supreme Court, contending that no common intention to commit murder …

SUNIL KUMARversusTHE STATE GOVT. OF NCT OF DELHI

2003 INSC 549Dismissed

The deceased Jai Kishan was attacked and killed by Dharamvir and Sunil Kumar after a dispute involving a local eunuch. Rajesh, the brother of the deceased, witnessed the assault and later identified the accused, becoming the sole eye‑witness (PW5) whose testimony formed the basis of the prosecution …

UNION OF INDIAversusPAUL MANICKAM AND ANR.

2003 INSC 540Dismissed

The Union of India appealed against a Madras High Court order that quashed a preventive detention order passed under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Smt. Ratnamala (referred to as the detenu). The detenu’s father had …

K.R. INDIRAversusDR. G. ADINARAYANA

2003 INSC 536Dismissed

The husband and wife (appellants) advanced loans to Dr. G. Adinarayana (respondent) who issued four cheques as repayment, two in each spouse's name. All cheques were returned unpaid and a single, consolidated notice demanding payment of the cheque amounts within 15 days was served on the respondent. …

UNION OF INDIAversusTARIT RANJAN DAS

2003 INSC 529Appeal(s) allowed

The respondent, a Stenographer Grade‑II in the Geological Survey of India, sought parity of pay with Stenographers Grade‑C of the Central Secretariat, invoking the principle of "equal pay for equal work". The Central Administrative Tribunal initially rejected the claim, but in a review order applied …

RAJ KISHORE JHAversusSTATE OF BIHAR AND ORS.

2003 INSC 525Appeal(s) allowed

The case concerns the murder of Nawal Kishore Jha on 9 April 1980, for which fifteen persons were originally charged. The trial court convicted several of them under sections of the IPC and the Arms Act, but the Patna High Court later acquitted all the convicted persons. The informant appealed, …

STATE OF HARYANAversusJAGBIR SINGH AND ANR.

2003 INSC 517Dismissed

The State of Haryana alleged that Jagbir Singh and another accused kidnapped a four‑year‑old child, demanded ransom and caused the child's death. The trial court convicted them on the basis of circumstantial evidence – a ransom note allegedly in the accused's handwriting, an alleged extra‑judicial …

JINESHWARDAS (D) THROUGH LRS. AND ORS.versusSMT. JAGRANI. AND ANR.

2003 INSC 518Dismissed

The plaintiff Jineshwardas sued for specific performance of an alleged sale deed; the trial court and first appellate court dismissed the suit, holding the deed was merely an agreement to repay. In the second appeal before the Madhya Pradesh High Court, the parties' counsel reached a settlement …

5 M & T CONSULTANTS, SECUNDERABADversusS.Y. NAWAB AND ANR.

2003 INSC 519Appeal(s) allowed

M&T Consultants entered into a self‑financing agreement with the Hyderabad Municipal Corporation (HMC) to erect house‑numbering, sign‑boards and direction boards in selected circles as a pilot project. The corporation invited other advertisers through a circular, but the writ petitioner, S.Y. Nawab, …

DURGA PRASAD GUPTAversusTHE STATE OF RAJASTHAN THROUGH C.B.L.

2003 INSC 511Dismissed

The appellant, D.P. Gupta, was charged under Section 5 of the Explosive Substances Act and the TADA Act for possessing large quantities of gelatine, detonators and other explosive materials found in his godowns and an underground room. The key issue was whether he had "conscious possession"—i.e., …

RAMAKANT RAIversusMADAN RAI AND ORS.

2003 INSC 513Appeal(s) allowed

The case arose from a property dispute in which Madan Rai and his three sons fired gunshots, killing a teenage boy. The trial court convicted Madan Rai under IPC sections 302 and 440 and the others under section 440, but the Allahabad High Court acquitted all accused, setting aside the convictions. …

STATE OF U.P.versusBABU AND ORS.

2003 INSC 510Appeal(s) allowed

The State prosecuted four accused for a dacoity during which the deceased was murdered, alleging that the accused were identified at the scene by the victim (PW‑I) and other witnesses using torchlight and a gaslight. The trial court convicted them under Sections 302, 149, 148, 323 and 395 of the IPC …

STATE OF ORISSA AND ORS.versusBHIKARI CHARAN KHUNTIA AND ORS. ETC.

2003 INSC 501Appeal(s) allowed

The respondents, whose names were forwarded by employment exchanges for 150 Junior Assistant posts, filed writ petitions seeking a mandamus directing the State to complete recruitment and appoint them. The Orissa High Court ordered the State to hold interviews and fill the vacancies. On appeal, the …

STATE OF PUNJABversusPOHLA SINGH AND ANR.

2003 INSC 502Appeal(s) allowed

The State of Punjab appealed the acquittal of Pohla Singh and Balkaur Singh, who had been convicted by the trial court for murder under s.302 r/w s.34 IPC. The Punjab and Haryana High Court set aside the conviction, citing an alleged delay in lodging the FIR and questioning why the murder was …

DAMODARversusSTATE OF RAJASTHAN

2003 INSC 493Appeal(s) allowed

The Supreme Court examined a murder case where the initial information about the offence came via a cryptic telephone call, followed by a written report by a child witness (PW‑15). It held that such telephonic information does not constitute a First Information Report and therefore the written …

ANWAR CHAND SAB NANADIKARversusSTATE OF KARNATAKA

2003 INSC 488Dismissed

The appellant, a property clerk in the court of a Judicial Magistrate, was charged under Section 409 of the IPC for criminal breach of trust, alleged to have misappropriated court property and sold it to four persons. The trial court acquitted him on the ground that the prosecution failed to prove …

MEGH SINGHversusSTATE OF PUNJAB

2003 INSC 477Dismissed

The police, while on patrol, apprehended Megh Singh sitting on gunny bags that contained poppy husk, a contraband article under the NDPS Act. The trial court convicted him under Section 15 of the NDPS Act, sentencing him to ten years' rigorous imprisonment and a fine, while acquitting the other two …

K. SAMANTARAYversusNATIONAL INSURANCE CO. LTD.

2003 INSC 474Dismissed

K. Samantara, an Administrative Officer of National Insurance Co. Ltd., was denied promotion for the years 1991-92 and 1992-93 under the company's "Promotion Policy for Officers" which stipulated a seniority‑cum‑merit system. He filed a representation, which was rejected, and subsequently a writ …

STATE OF MADHYA PRADESHversusGHANSHYAM SINGH

2003 INSC 470Appeal(s) allowed

Six accused, including Ghanshyam Singh, assaulted a group of persons and Ghanshyam fired a gun, causing the death of Samam Singh. The trial court convicted all under sections 302, 307, 148, 149 etc. The Madhya Pradesh High Court held that Ghanshyam's act fell under Exception 4 to Section 300 IPC, …

LAXMAN SINGHversusPOONAM SINGH AND ORS.

2003 INSC 464Dismissed

A long-standing land dispute led to a violent confrontation on 10 June 1984 when the deceased Mohan Singh and his relatives were ploughing the contested field. The respondents, claiming ownership, assaulted them with sticks, causing Mohan Singh's death. The trial court held the land was in the …

KRISHNA MOHAN KUL @ NANI CHARAN KUL AND ANR.versusPRATIMA MAITY AND ORS.

2003 INSC 461Dismissed

The appellants claimed possession of a property based on a registered deed of settlement allegedly executed by an elderly, paralytic executor on 11 July 1970. The respondents filed a suit for declaration and permanent injunction, alleging the executor was over 100 years old, physically and mentally …

SMT. SHAKILA ABDUL GAFAR KHANversusVASANT RAGHUNATH DHOBLE AND ANR.

2003 INSC 457Dismissed

The petitioner's husband died after alleged police beating in custody; the petitioner filed a private complaint more than a year later alleging custodial violence by the accused police officer. The trial court convicted the accused, but the High Court acquitted him, finding the delay, lack of …

BIHAR STATE HOUSING BOARDversusSTATE OF BIHAR AND.ORS.

2003 INSC 454Appeal(s) allowed

The Bihar State Housing Board acquired land under the Land Acquisition Act, 1894. A preliminary notification was published in the Gazette on 16‑Mar‑1989, in two newspapers on 29‑Apr‑1989 and locally on 20‑Mar‑1989. The declaration of acquisition was published in the Gazette on 1‑Feb‑1990, in two …

SURINDER SINGH AND ANR.versusSTATE OF U.P.

2003 INSC 455Dismissed

The appellants were convicted of murder under IPC s.302 read with s.34 for the killing of Hamam Singh. The trial court had acquitted them, relying on the alleged unreliability of witnesses who were relatives of the deceased, the absence of independent shop‑keeper witnesses, a site‑plan omission, and …

STATE OF HARYANA AND ANR.versusANKUR GUPTA

2003 INSC 448Appeal(s) allowed

The father of Ankur Gupta died while in government service. Under the compassionate appointment scheme, which was modified on 22‑August‑1996 to bar dependants whose other parent was in government service and to limit family income to Rs 2,500 per month, Gupta was appointed as a clerk despite his …

SOU. VIJAYA @ BABYversusSTATE OF MAHARASHTRA

2003 INSC 449Appeal(s) allowed

Vijaya and her brother were charged for the murder of the brother's wife, who was burnt to death. While the brother was convicted of murder under Section 302 IPC, Vijaya was acquitted of that charge but convicted under Section 201 IPC for allegedly causing disappearance of evidence and giving false …

KAILASH KUMAR SANWATIAversusSTATE OF BIHAR AND ANR.

2003 INSC 445Dismissed

The appellant deposited Rs 1,50,200 with a bank to obtain demand drafts, handing the cash to the Head Cashier and a cash peon for counting. The money later went missing from the bank's cash counter, and the officials were charged under Section 409 read with Section 34 of the IPC. The trial court …

NATIONAL INSURANCE CO. LTD.versusAJIT KUMAR AND ORS.

2003 INSC 446Appeal(s) allowed

The insurer, National Insurance Co., appealed against a tribunal and High Court order that held it liable to pay compensation under the Motor Vehicles Act, 1988 for the death of a person travelling as a passenger in a goods carriage. The Supreme Court examined whether the Act imposes a statutory …

M.A. MURTHYversusSTATE OF KARNATAKA AND ORS.

2003 INSC 447Appeal(s) allowed

The Karnataka State Financial Corporation advertised two manager posts in 1995, specifying that age and qualifications be measured as of 31 July 1995 and that applications be received by 29 July 1995. The appellant and two respondents applied; the respondents were not qualified on the last date of …

SUKHDEV SINGHversusDELHI STATE (GOVT. OF NCT OF DELHI)

2003 INSC 440Case Partly allowed

Sukhdev Singh, a personal security officer, got into a quarrel with Devender Singh over a parked scooter. During the scuffle he drew his pistol and fired, killing Singh and injuring a passer‑by. He claimed the pistol was snatched and the discharge accidental. The trial court convicted him of murder …

STATE OF ORISSA AND ORS.versusRAJENDRA KUMAR DAS AND ANR.

2003 INSC 437Appeal(s) allowed

The petitioners were appointed as "Peon" in aided educational institutions governed by the Orissa Education Act, 1969 and the 1974 recruitment rules, but the State refused to approve their appointments, claiming they exceeded the prescribed yardstick. The petitioners filed writ petitions seeking …

STATE OF MANIPURversusMD. RAJAODIN

2003 INSC 433Appeal(s) allowed

The respondent, son of a government servant who died in harness in 1980, filed an application in 1997 for a compassionate appointment under the die‑in‑harness scheme, more than 17 years after the death. The State issued a letter in 1999 offering a Grade‑IV post but did not make the appointment. The …

STATE OF MAHARASHTRAversusKASHIRAO AND ORS.

2003 INSC 430Appeal(s) allowed

The State of Maharashtra prosecuted Kashirao and six others for assembling with deadly weapons and attacking Pundlik (PW‑I) with the common object of killing him. During the assault the deceased Subhash Warankar was chased, assaulted and killed, while PW‑I was seriously injured. The trial court …

KALIYAPERUMAL AND ANR.versusSTATE OF TAMIL NADU

2003 INSC 428Case Partly allowed

The appellants, Kaliyaperumal and Muthulakshmi, were convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC for the suicide of their daughter‑in‑law, Devasena, after alleged dowry demands and harassment. The trial court and High Court upheld both convictions, though the High Court …

AUGUSTINE SALDANHAversusSTATE OF KARNATAKA

2003 INSC 425Appeal(s) allowed

The case involved Augustine Saldanha and Rocky Saldanha, who were accused of assaulting Paul Saldanha (who died) and Felix Saldanha (who was injured) with sticks on a dark night. The trial court acquitted them, doubting the credibility of the victim‑witness, but the Karnataka High Court convicted …

THE STATE OF BIHAR AND ANR.versusKEDAR SAO AND ANR.

2003 INSC 419Case Partly allowed

The State of Bihar appealed against High Court orders that quashed confiscation of trucks seized with illicit forest produce, arguing that the Bihar Forest Produce (Regulation of Trade) Act, 1984 does not strip the authorities of powers conferred by the Indian Forest Act, 1927 as amended by the …

STATE OF RAJASTHANversusKHERAJ RAM

2003 INSC 413Appeal(s) allowed

Kheraj Ram, suspecting his wife's infidelity, murdered his wife, two daughters and his brother‑in‑law on the night of 10‑10‑1992. The trial court convicted him under Section 302 IPC and imposed death, relying on a series of circumstantial facts – motive, prior quarrels, his presence with the …

NAZIR KHAN AND ORS.versusSTATE OF DELHI

2003 INSC 414Directions issued

The case involved nine accused who conspired to kidnap foreign nationals in India to demand the release of jailed militants. The main conspirator, Umar Sheikh, escaped after an exchange of hijacked‑plane passengers, while six co‑accused were convicted under the Terrorist and Disruptive Activities …

MADAN LAL AND ANR.versusSTATE OF HIMACHAL PRADESH

2003 INSC 404Dismissed

The police received a secret telephonic tip that charas was being transported in a car, recorded the information and promptly transmitted it to the Superintendent of Police as required under Section 42 of the NDPS Act. A raiding party intercepted the vehicle, seized a bag containing charas, and sent …

STATE OF M.P.versusKEDIA LEATHER AND LIQUOR LTD. AND ORS .

2003 INSC 405Case Partly allowed

The State of Madhya Pradesh challenged the closure orders issued by a Sub‑Divisional Magistrate under Section 133 of the Code of Criminal Procedure (Cr.P.C.) against Kedia Leather and Liquor Ltd. for alleged water and air pollution. The High Court held that the Water (Prevention and Control of …

STATE OF PUNJABversusKARNAIL SINGH

2003 INSC 396Appeal(s) allowed

The State of Punjab appealed the Punjab and Haryana High Court’s acquittal of Karnail Singh, alleging that the trial court’s conviction was supported by credible eyewitness testimony and forensic evidence. The High Court had set aside the conviction on the basis of an alleged delay in lodging the …

STATE OF RAJASTHANversusRAJA RAM

2003 INSC 388Dismissed

The State of Rajasthan charged Rajaram under Section 302 IPC and Section 27 of the Arms Act for the murder of five persons. The trial court convicted him, relying mainly on extra‑judicial confessions to two witnesses (PW‑3 and PW‑4) and on circumstantial evidence such as his presence at the scene, …

STATE OF MADHYA PRADESHversusMAN SINGH AND ORS.

2003 INSC 389Appeal(s) allowed

The State of Madhya Pradesh prosecuted Man Singh and three others for the murder of Dharamchand under Section 302 read with Section 34 IPC, also charging them under Section 324 r/w 34. The trial court relied on the testimony of injured eyewitnesses (PW‑4 and PW‑7) whose statements were recorded …

BABU S/O RAVEENDRANversusBABU S/O BAHULEYAN AND ANR.

2003 INSC 382Appeal(s) allowed

The Supreme Court examined the murder of Sujatha, whose husband Babu was accused of strangling her after she rebuffed his sexual advances and subsequently dumping her body in a well. The trial court convicted Babu under Section 302 IPC and imposed death, but the Kerala High Court acquitted him, …

THE GOVERNMENT OF NCT OF DELHIversusJASPAL SINGH

2003 INSC 377Appeal(s) allowed

The Government of NCT of Delhi appealed the Delhi High Court’s acquittal of Jaspal Singh (A4) for offences under the Official Secrets Act, 1923 and Section 120B IPC. The Supreme Court held that the High Court had misapplied the law, especially the evidentiary value of a co‑accused’s confession and …

SURINDER SINGHversusTHE STATE OF PUNJAB

2003 INSC 379Appeal(s) allowed

The case concerned the murder of Santokh Singh, in which five accused, including the appellant Surinder Singh, were tried. The main accused, Darshan Singh, was a proclaimed offender and was tried separately, later being acquitted. The trial court had convicted Surinder Singh and another accused …

RAJESH D. DARBAR AND ORS.versusNARASINGRAO KRISHNAJI KULKARNI AND ORS.

2003 INSC 372Disposed off

The dispute concerned the eligibility of 38 persons listed in the electoral roll for the 1996 election of the managing committee of Vidya Vardhak Sangh, a society registered under the Societies Registration Act and the Bombay Public Trust Act. The appellants argued that the election was void because …

STATE (GOVT. OF NCT OF DELHI)versusPREM RAJ

2003 INSC 367Appeal(s) allowed

Prem Raj was convicted under the Prevention of Corruption Act, 1988 and sentenced to two years of rigorous imprisonment with a fine of Rs.500, and an additional three years of rigorous imprisonment with a fine of Rs.1,000, to run concurrently. He appealed to the Delhi High Court seeking a reduction …

STATE OF HARYANA AND ANR.versusJASBIR KAUR AND ORS.

2003 INSC 368Appeal(s) allowed

The deceased, an agriculturist, died in a motor accident and his widow and minor son claimed compensation of Rs 10 lakhs under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 6.5 lakhs based on an assumed monthly income of Rs 4,500, which the State of …

GOLAKONDA VENKATESWARA RAOversusSTATE OF ANDHRA PRADESH

2003 INSC 363Dismissed

The appellant, G. V. Rao, was convicted of murder under Section 302 IPC based solely on circumstantial evidence, including the identification of the deceased’s skeletal remains, a witness who last saw the victim with the accused, the accused’s extra‑judicial confession, and the recovery of clothing …

THE DIVISIONAL CONTROLLER, KSRTCversusMAHADEVA SHETTY AND ANR.

2003 INSC 357Appeal(s) allowed

Mahadeva Shetty, a mason, suffered 100% disability after a bus owned by the Karnataka State Road Transport Corporation (KSRTC) plunged into a ravine. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded Rs.2.20 lakhs. The Karnataka High Court enhanced …