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F M IBRAHIM KALIFULLA

90 judgments · newest first · showing 1–90

VEERENDRA KR. GAUTAM AND OTHERSversusKARUNA NIDHAN UPADHYAY AND OTHERS

2016 INSC 533Dismissed

The Supreme Court examined the selection of principals for degree and postgraduate colleges in Uttar Pradesh, where the Higher Education Services Commission had varied its screening norms and called an excessive number of candidates, some of whom were allegedly ineligible. The petitioners argued …

M/S UMESH GOELversusHIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.

2016 INSC 457Appeal(s) allowed

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings …

EITZEN BULK A/SversusASHAPURA MLNECHEM LTD. & ANR.

2016 INSC 420Disposed off

Eitzen Bulk A/S and Ashapura Minechem Ltd entered into a charter party that contained an arbitration clause specifying London as the seat and English law as the governing law. A dispute arose and was arbitrated in London, resulting in an award against Ashapura. Ashapura sought to set aside the award …

MOHD. JALEES ANSARI AND OTHERSversusCENTRAL BUREAU OF INVESTIGATION

2016 INSC 402Disposed off

The Supreme Court examined the appeal of sixteen accused convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for a series of bomb blasts on Indian trains in December 1993. The Court held that Section 20A(1) of TADA makes prior approval of the District Superintendent of …

ASHOK KUMAR GIRIversusGOVT. OF INDIA AND ORS.

2016 INSC 347Disposed off

Ashok Kumar Giri, a person with disability, filed a writ petition seeking the 3% reservation guaranteed under Sections 32 and 33 of the Persons with Disabilities Act, 1995. The Patna High Court had refused relief, holding that the reservation could not be applied because the vacancies in the …

M/S. SHINHAN APEX CORPORATIONversusMIS. EURO APEX B.V.

2016 INSC 333

The dispute arose from a licence agreement that contained an arbitration clause. An arbitral tribunal issued a Partial Final Award (PFA) directing the respondent to transfer its Indian patent rights to the appellant and to execute the necessary transfer deed within a stipulated period. The …

MIRZA ALI RAZA & ORS.versusSTATE OF BIHAR & ORS.

2016 INSC 128Disposed off

The case arose from the selection of candidates for the 36th Combined Competitive Examination in Bihar, where the reservation policy of 1978 was later superseded by a 1990 resolution that was subsequently quashed by the Supreme Court. Four general‑category candidates challenged the selection, and …

SUSANTA DAS & ORS.versusSTATE OF ORISSA

2016 INSC 18Dismissed

The appellants, five accused persons, were convicted for the murder of Padma Lochan Jena and grievous hurt to two others under Section 302 IPC read with Section 149 IPC. The prosecution proved that all five were present at the scene, armed with deadly weapons, and acted with a common object of …

NARENDER KUMARversusSTATE OF NCT OF DELHI

2015 INSC 932Dismissed

The appellants, three police constables, were convicted for the murder of Laxman Singh under Sections 302 read with 34 (and 330) of the IPC. The prosecution's case rested on a dying declaration recorded by a Metropolitan Magistrate after the victim was taken to hospital, where he alleged severe …

YALLAWA & ORS.versusSTATE OF KARNATAKA

2015 INSC 1031Dismissed

The case arose from a 1991 incident in which a group of accused set fire to the house of Channabasappa, resulting in the death of ten persons. The trial court acquitted the accused, but the Karnataka High Court reversed the acquittal, convicting them under various IPC provisions including murder, …

NARENDER SINGH & ORS.versusSTATE OF MADHYA PRADESH

2015 INSC 709Dismissed

The case concerned the murder of a village Sarpanch on 27 June 1997, for which six accused were convicted under Sections 302, 148 and 149 of the IPC and sentenced to life imprisonment. The appellants challenged the conviction on grounds that the FIR was ante‑dated, the injured eye‑witness (PW‑3) …

RIJU PRASAD SARMA ETC. ETC.versusSTATE OF ASSAM & ORS.

2015 INSC 487Dismissed

The case concerned the management of the Sri Sri Maa Kamakhya Temple in Assam, where the traditional custom allowed only male members of the four Bordeori families to elect the head priest (Doloi), excluding women and Deuris. Petitioners challenged the constitutionality of Section 25A of the Assam …

SECURITIES AND EXCHANGE BOARD OF INDIAversusPANASIA ADVISORS LTD. & ANR.

2015 INSC 483Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) debarred Panasia Advisors Ltd. and its managing director for ten years, alleging that as lead managers they facilitated a fraudulent scheme involving Global Depository Receipts (GDRs) of six Indian companies, creating a false appearance of foreign …

STATE OF M.P.versusMANISH & ORS.

2015 INSC 484Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that quashed an FIR for offences under IPC sections 307, 294, 34 and Arms Act sections 25, 27 on the ground that the victim and accused had settled the dispute out of court. The issue was whether the High Court could invoke its inherent power …

KHUBRAMversusDALBIR SINGH & ORS.

2015 INSC 373Disposed off

The Supreme Court examined the appointment of Khub Ram as Chief Inspector in Haryana Roadways, finding that his experience certificates were fraudulent and did not satisfy the statutory requirement of two years in a Government or semi‑government undertaking. Consequently, his appointment was …

ASHAPURA MINE-CHEM LTD.versusGUJARAT MINERAL DEVELOPMENT CORPORATION

2015 INSC 330Appeal(s) allowed

Ashapura Mine‑Chem Ltd. and Gujarat Mineral Development Corporation (GMDC) entered into a Memorandum of Understanding (MoU) in 2007 to set up a joint venture for an alumina plant. The MoU contained arbitration clauses (Clauses 26 and 27) requiring bilateral settlement first and, failing that, …

PRASAD SHRIKANT PUROHITversusSTATE OF MAHARASHTRA & ANR

2015 INSC 325Disposed off

The Supreme Court examined whether the Maharashtra Control of Organized Crime Act (MCOCA) applied to a series of bomb blasts in Parbhani (2003), Jalna (2004) and Malegaon (2008) and whether bail could be denied under Section 21(4) of MCOCA. It held that cognizance of an offence taken by a Judicial …

MD. JAMILUDIN NASIRversusSTATE OF WEST BENGAL

2015 INSC 316Case Allowed

The appellants were convicted under Section 121 of the Indian Penal Code for waging war against the State in a trial court in West Bengal. They appealed the conviction to the Calcutta High Court, which upheld the judgment. Subsequently, the appellants filed Criminal Miscellaneous Petitions before …

SWAPNA SUKUMAR & ORS.versusSTATE OF KERALA & ORS.

2015 INSC 314Disposed off

The Supreme Court considered two interlocutory applications (IA No.6 and IA No.7) filed in Civil Appeals Nos. 226‑227 of 2015 arising out of Swapna Sukumar & Ors. v. State of Kerala & Ors. The applicant indicated that IA No.6 was not to be pressed, and the Court dismissed it as not pressed. IA No.7 …

M. MAHENDAR KUMARversusM. MANI & ORS.

2015 INSC 232Appeal(s) allowed

M. Mahendar Kumar, an accused in Crime No.147 of 2009, challenged a Madras High Court order that, under Section 482 of the Cr.P.C., transferred the investigation to the CBCID, Chennai. The transfer was sought by the de facto complainant, M. Mani, who had previously applied under Section 173(8) for …

ALL INDIA JUDGES ASSON. & OTHERSversusUNION OF INDIA & OTHERS

2015 INSC 970Appeal(s) allowed

The All India Judges Association and other staff of subordinate courts sought enforcement of the Supreme Court's 07‑10‑2009 order approving the Shetty Commission recommendations for non‑judicial staff. They contended that several states had reverted to the 5th Pay Commission scales after …

M/S. MUNEER ENTERPRISESversusM/S RAMGAD MINERALS AND MINING LTD. & ORS.

2015 INSC 209Appeal(s) allowed

The case concerned the mining lease M.L. No.2010 granted to Mis. Dalmia Cements (Bharat) Ltd for forest land in Karnataka. Mis. Dalmia surrendered the lease in stages, culminating in a letter dated 27 March 2001 and the surrender of the lease book on 16 June 2001, which was accepted by the Director …

V.C. CHINNAPPA GOUDARversusKARNATAKA STATE POLLUTION CONTROL BOARD & ANR.

2015 INSC 968Dismissed

The appellants, who were public servants, were prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974. They contended that, as public servants, prosecution required prior sanction under Section 197 of the Criminal Procedure Code (CrPC), which was not obtained. The …

ANIL JOSHI AND OTHERSversusSTATE OF HIMACHAL PRADESH AND OTHERS

2015 INSC 182Disposed off

The petitioners, former Range Officers of the Himachal Pradesh Forest Department, claimed that a 1983 letter from the Director of Forest Education promised them direct recruitment as Assistant Conservators of Forest, invoking promissory estoppel. The Himachal Pradesh Administrative Tribunal …

STATE OF MADHYA PRADESH & OTHERSversusHITKISHORE GOSWAMI

2015 INSC 121Appeal(s) allowed

The respondent, a former lecturer in government schools (1963-1966), voluntarily resigned to join a lecturer position in a government degree college in 1966 and later retired in 2004. He sought to have his earlier service counted for pension and gratuity calculations, filing a writ petition. The …

L. LAXMIKANTAversusSTATE BY SUPERINTENDENT OF POLICE, LOKAYUKTA

2015 INSC 97Dismissed

The appellant, a hostel warden, was accused of demanding Rs.2000 as illegal gratification from a student seeking re‑admission to the hostel. The student complained to the Lokayukta, leading to a sting operation where the money, marked with a chemical that turned pink, was recovered from the warden's …

AJAY RAMDAS RAMTEKE AND ANR.versusMAHANAGAR SUDHAR SAMITL,AKOLA& ORS.

2015 INSC 84Appeal(s) allowed

The Supreme Court examined a dispute arising from the 2012 elections to the Akola Municipal Corporation where a post‑poll group (aghadi) called Mahanagar Sudhar Samiti was formed by elected councillors. The group applied for registration under the second proviso of Section 31A(2) of the Maharashtra …

R.P.S. YADAVversusCENTRAL BUREAU OF INVESTIGATION

2015 INSC 958Appeal(s) allowed

The appellant, a Municipal Corporation of Delhi employee, was accused of demanding a bribe of Rs.1,500 for issuing a licence. The CBI organised a trap involving the complainant, a shadow witness and a middle‑man who handed over the money, after which it was recovered. The trial court and the Delhi …

UNION OF INDIA & ORS.versusSCHAN LAL SAYAL & ORS.

2015 INSC 955Disposed off

The case concerned the promotion of thousands of Junior Telecommunication Officers (Junior Engineers) to Assistant Engineer posts and whether seniority for promotion should be based on the order of passing a departmental qualifying examination or the order of recruitment/entry. Earlier Supreme Court …

NAGARAJA RAOversusCENTRAL BUREAU OF INVESTIGATION

2015 INSC 954Case Partly allowed

The appellant, a postal sorting assistant, was convicted of theft of a registered insured parcel containing a gold chain under Section 381 IPC and of a breach of duty under Section 52 of the Indian Post Office Act. Both offences arose from the same incident and were tried together, resulting in …

RATNESH KUMAR PANDEYversusSTATE OF UTTAR PRADESH

2015 INSC 953Dismissed

The appellant, Ratnesh Kumar Pandey, was convicted of murdering his wife Suman under Section 302 of the Indian Penal Code. The prosecution relied on circumstantial evidence, including a knife and a blood‑stained sweater recovered from the scene, and a post‑mortem report showing twenty incised …

SHASIDHAR & OTHERSversusSMT.ASHWINI UMA MATHAD &ANR.

2015 INSC 30Appeal(s) allowed

The case concerned a partition suit filed by the daughters of Shashidhar against his father, step‑mother and step‑sisters over extensive family properties. The trial court granted a preliminary decree allocating shares, which the defendants appealed. The Karnataka High Court disposed of the first …

SWAPNA SUKUMAR & ORS.versusSTATE OF KERALA & ORS.

2015 INSC 950Appeal(s) allowed

The case concerned the appointment of High School Assistant (Physical Sciences) in Kerala. The appellants, who held Chemistry degrees (some with post‑graduation) and B.Ed. in Physical Sciences, were initially placed in the Service Commission’s ranking list but later had their names deleted. The High …

RAJINDER SINGHversusSTATE OF HARYANA

2014 INSC 884Case Partly allowed

The appellant Rajinder Singh was convicted for the murder of Suraj Mal and Shri Ram and for violating Section 27 of the Arms Act after a violent altercation following a Holi celebration. The incident involved a quarrel between a juvenile and another party, after which the appellant allegedly fired …

MAHESH JOGIversusTHE STATE OF RAJASTHAN

2014 INSC 1043Disposed off

Mahesh Jogi was convicted for an offence committed on 20 January 1985 when he was 17 years and 4 months old. The conviction and sentence were imposed before the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force. The Supreme Court was asked to determine whether Jogi …

NAND KLSHOREversusSTATE OF M.P.

2014 INSC 1041Case Allowed

The petitioner, convicted under Section 302 of the IPC for a murder committed on 18 June 1997, claimed that he was only 17 years old at the time of the offence and therefore entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Supreme Court examined …

NOUSHAD@ NOUSHAD PASHAAND OTHERSversusSTATE OF KARNATAKA

2014 INSC 831Appeal(s) allowed

The appellants (A‑1 to A‑3) were convicted under IPC sections 143, 147, 148, 448, 302 and 149 for participating in an unlawful assembly that allegedly murdered Lingaraju. The trial court found that the key eye‑witnesses, including the star witness PW‑11 and several others, were unreliable and …

K. RAVI KUMARversusSTATE OF KARNATAKA

2014 INSC 820Disposed off

The appellant K. Ravi Kumar was convicted of murder under Section 302 IPC and cruelty under Section 498‑A IPC for stabbing and setting his wife on fire. He appealed, contending that the killing occurred during a sudden quarrel without pre‑meditation, thus falling within Exception 4 to Section 300 …

BALKAR SINGHversusSTATE OF HARYANA

2014 INSC 1029Appeal(s) allowed

The case involved the murder of Satinder Sekhon, for which A‑10 (Balkar Singh) was convicted under Sections 120B (conspiracy) and 302 read with 34 of the IPC, based largely on circumstantial evidence. The trial court and the Punjab & Haryana High Court upheld the conviction, while the accused argued …

INDIAN COUNCIL OF MEDICAL RESEARCHversusT.N. SANIKOP & ANR. ETC. ETC.

2014 INSC 1027Case Partly allowed

The Indian Council of Medical Research (ICMR) sought to acquire 40 guntas of land in Belgaum for a medical research centre, and the Land Acquisition Officer initially fixed compensation at Rs 1,050 per gunta. The reference court enhanced this to Rs 7,000 per gunta, and the Karnataka High Court …

DR. BALWANT SINGHversusCOMMISSIONER OF POLICE & ORS.

2014 INSC 766Case Partly allowed

Dr. Balwant Singh, a retired Director General of Police, lived in a house opposite the Rajasthan State Assembly where frequent political rallies, loudspeakers and police‑set up barricades created constant noise and disturbance, rendering his residence uninhabitable. After his oral and written …

HARI OMversusSTATE OF HARYANA & ANOTHER

2014 INSC 757Appeal(s) allowed

Hari Om was convicted under Sections 304-B and 498-A of the IPC for the dowry death of his wife, Poonam, who committed suicide within a month of marriage after persistent dowry demands. The High Court upheld his conviction and sentenced him to life imprisonment, while acquitting co‑accused. Hari Om …

NAND KUMARversusSTATE OF CHHATIISGARH

2014 INSC 756Dismissed

The case concerns the murder of three members of the Singh family in Bhaismudi village, Chhattisgarh, by a group of accused who formed an unlawful assembly armed with lathis, battle‑axes, swords and rods. Two close relatives of the victims, Madhubala Bai (PW‑1) and Saraswati Bai (PW‑3), witnessed …

RATHNAVATHI & ANOTHERversusKAVITA GANASHAMDAS

2014 INSC 751Disposed off

The plaintiff entered into a 1989 agreement to purchase a house from defendant No.2, paid the full consideration, but the seller failed to execute the sale deed. The plaintiff filed two suits: one for permanent injunction to prevent dispossession by defendant No.1 and No.2, and another for specific …

DHIANKAURversusEAST PUNJAB URBAN RENT RESTRICTION ACT, 1949

2014 INSC 1021Disposed off

The landlady Dhiankaur filed eviction proceedings against tenant Prem Pal Sran under the East Punjab Urban Rent Restriction Act, 1949, alleging arrears of rent from December 1994. The Rent Controller and the Appellate Authority both held that the agreed rent was Rs.1,500 per month and that the …

VINOD KUMARversusGANGADHAR

2014 INSC 708Appeal(s) allowed

Vinod Kumar filed a suit for specific performance of a contract to purchase a house; the trial court dismissed the suit and the High Court, acting as the first appellate court, affirmed the dismissal. The appellant contended that the High Court had not examined the evidence, ignored the submissions …

MD. JAMILUDIN NASIRversusSTATE OF WEST BENGAL

2014 INSC 707Case Allowed

The Supreme Court delivered a judgment on 21 May 2014 in MD Jamiluddin Nasir v. State of West Bengal concerning an alleged offence of waging war against the State under IPC 121. Subsequent to that judgment, the parties filed criminal miscellaneous petitions seeking correction of typographical and …

DONESH RAJPUT & ORS.versusPRADEEP KUMAR SHUKLA & ORS.

[2014] 10 S.C.R. 617Disposed off

The Supreme Court examined applications filed by the State of Uttar Pradesh seeking clarification on the number of pharmacist vacancies and the eligibility of candidates who had not applied to the 2007 advertisement. The Court reiterated its earlier decision in State of Uttar Pradesh v. Santosh …

RAJENDRA KUMAR AGRAWALversusSTATE OF U.P. & ORS.

2014 INSC 671Disposed off

The case concerned the selection for the vacant post of Chief Engineer in the U.P. Avas Evam Vikas Parishad. After a prior Supreme Court judgment removed a status‑quo on promotion, the Parishad, following the State Government’s advice, relaxed the five‑year service requirement under Regulation 20 to …

MEENA CHAUDHARYversusCOMMISSIONER OF DELHI POLICE AND ORS.

2014 INSC 1010Disposed off

Meena Chaudhary, married in 1973, claimed that her husband (Respondent No.4) deserted her in 1989 and that subsequent divorce decrees from Bhutan, England and Jorhat were invalid. She filed a suit under the Protection of Women from Domestic Violence Act, 2005 seeking protection, residence, monetary …

BONNIE ANNA GEORGEversusMEDICAL COUNCIL OF INDIA &ANR.

2014 INSC 1012Case Partly allowed

Bonnie Anna George, a medical student, sought a writ of mandamus to compel Christian Medical College, Ludhiana and the Medical Council of India to allow her to shift from MD Pathology to a vacant MD General Medicine seat under the NRI quota. The college denied her request, citing its counselling …

BAR COUNCIL OF ANDHRA PRADESHversusB. NARAYAN SWAMY & ANR.

2014 INSC 1004Appeal(s) allowed

The Bar Council of Andhra Pradesh disciplined advocate B. Narayan Swamy for attesting blank stamp papers in his capacity as a Notary, finding him in violation of the Notaries Act and Section 35 of the Advocates Act. The State Bar Council imposed a lifetime debarment, which the Bar Council of India …

C. P. JOHNversusBABU M. PALISSERY & ORS.

2014 INSC 625Dismissed

C.P. John, a losing candidate, filed an election petition challenging the election of Babu M. Palissery on grounds of bribery, false pamphlet distribution and alleged suppression of criminal convictions. The High Court dismissed the petition, holding it lacked material facts and was non‑compliant …

SREE BALAJI NAGAR RESIDENTIAL ASSOCIATIONversusSTATE OF TAMIL NADU & ORS.

2014 INSC 617Disposed off

The appellants, a residents' association, challenged land acquisition proceedings initiated under the Land Acquisition Act, 1894 for a canal scheme, where an award was made on 30‑Nov‑2006 but physical possession of the land was never taken and the proceedings were stayed by the courts. The Right to …

STATE OF RAJASTHANversusCHANDGI RAM & ORS.

2014 INSC 614Appeal(s) allowed

The State of Rajasthan prosecuted Chandgi Ram and others for the murder of Surender, alleging that the accused beat him to death with iron rods, pipes and lathis, constituting offences under IPC s.302 read with s.34 and s.452. The trial court convicted the accused based on the testimony of the …

K.K. DIXIT & ORS. ETC.versusRAJASTHAN HOUSING BOARD & ANR. ETC.

2014 INSC 607Appeal(s) allowed

The case concerned promotion of Project Engineer (Junior) staff in the Rajasthan Housing Board. Diploma‑holder engineers who later obtained the AMIE qualification (equivalent to a degree) claimed that their service as diploma‑holders should count towards the three‑year experience required for …

CHANDIGARH ADMINISTRATION & ANOTHERversusJASMINE KAUR & OTHERS

2014 INSC 579Appeal(s) allowed

The case concerned a Canadian citizen, Jasmine Kaur, who sought admission to the MBBS course under the NRI quota of the Government Medical College, Chandigarh. The prospectus required candidates in the first NRI category to prove ancestral residence and property ownership in Chandigarh, which Kaur …

BHARAT HEAVY ELECTRICALS LTD.versusTATA PROJECTS LTD.

2014 INSC 578Disposed off

Bharat Heavy Electricals Ltd. (BHEL) engaged Tata Projects Ltd. as a sub‑contractor to erect, test and commission two 120 MW boilers. Disputes arose and an arbitral tribunal awarded Rs.69.22 lakh on various heads and Rs.25.39 lakh as interest. BHEL challenged the award under Section 34 of the …

H. DOHIL CONSTRUCTIONS CO. (P) LTD.versusNAHAR EXPORTS LTD. & ANR.

2014 INSC 994Appeal(s) allowed

The Supreme Court examined the High Court's order that condoned a 9‑day delay in filing regular first appeals and a 1727‑day delay in refiling those appeals filed by Nahar Exports Ltd. and others. The Court held that the respondents failed to provide a bona‑fide explanation for the inordinate delay, …

HAKKIMversusSTATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE

2014 INSC 527Disposed off

The accused A‑1 to A‑4 entered the residence of PW‑1 armed with knives and assaulted PW‑1, his family and a friend, resulting in the death of PW‑1’s wife Sayeeda. The trial court convicted them under Sections 302, 307, 149, 109, 324 and 449 of the Indian Penal Code and imposed life imprisonment and …

SOMNATH CHAKRABORTY AND ANR.versusAPPOLLO GLENEAGLES HOSPITALS LTD. & ORS.

2014 INSC 503Disposed off

The appellants, Somnath Chakraborty and others, owned 11.659 cottah of land that was later notified as surplus under the Urban Land (Ceiling & Regulation) Act, 1976. The State of West Bengal leased the land to Appollo Gleneagles Hospitals Ltd. for 30 years. The appellants challenged the …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.

2014 INSC 901Disposed off

The petitioners sought compliance with the Supreme Court's order in Lafarge Umiam Mining Private Limited v. Union of India, which directed the Central Government to appoint a National Regulator under Section 3(3) of the Environment (Protection) Act, 1986 for independent appraisal and monitoring of …

SABERABIBI YAKUBBHAI SHAIKH & ORS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2014 INSC 2Appeal(s) allowed

The wife and relatives of a truck driver who died in a road accident filed a claim under the Workmen's Compensation Act, 1923 for compensation and 12% interest from the date of the accident. The Workmen's Compensation Commissioner awarded the compensation with interest from the accident date, but …

BHEEMRAYAversusSUNEETHA

2013 INSC 645Appeal(s) allowed

Both parties were minors when they allegedly married. The wife filed two suits—one to restrain the husband from remarrying and another seeking a perpetual injunction against alienation of property, claiming a one‑third share for herself and her daughter. She also filed a petition under Section 9 of …

RAJARAM PRASAD YADAVversusSTATE OF BIHAR & ANR.

2013 INSC 436Appeal(s) allowed

The appellant Rajaram Prasad Yadav was convicted for offences under Sections 324, 307 and 34 IPC. After the trial, the second respondent (the informant PW‑9) sought re‑examination under Section 311 of the Code of Criminal Procedure, alleging coercion. The trial court dismissed the application, but …

NANA KESHAV LAGADversusSTATE OF MAHARASHTRA

2013 INSC 429Dismissed

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

NATASHA SINGHversusCBI (STATE)

2013 INSC 326Appeal(s) allowed

The appellant, Natasha Singh, was charged under the IPC and the Prevention of Corruption Act for allegedly inflating an insurance claim. After the prosecution examined 52 witnesses, the appellant examined only one defence witness and then sought to summon three additional witnesses under Section 311 …

STATE OF J & KversusLAKHWINDER KUMAR & ORS.

2013 INSC 279Appeal(s) allowed

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

PREM KAURversusSTATE OF PUNJAB AND ORS.

2013 INSC 280Appeal(s) allowed

Prem Kaur, a labourer, was abducted, beaten and allegedly raped by a father, his son and others. She was hospitalized, but the FIR was lodged three days later. The trial court acquitted the accused, citing the delay in filing the FIR and the improbability of a father and son raping together, without …

ANNAPURNAversusSTATE OF U.P.

2013 INSC 263Dismissed

The Supreme Court reviewed an appeal by the mother‑in‑law convicted of murdering her daughter‑in‑law, who died within two months of marriage after being burnt with kerosene. The victim’s dying declaration alleged that the appellant poured kerosene on her because of dowry demands. The trial and High …

DILIPversusSTATE OF MADHYA PRADESH

2013 INSC 259Dismissed

The appellant was convicted for raping a girl who was later found to be 14 years old at the time of the offence. The trial court had acquitted him on the basis that the girl was not below 16 years and had allegedly consented, but the High Court reversed this finding and sentenced him to seven years …

LILLU @ RAJESH & ANR.versusSTATE OF HARYANA

2013 INSC 243Dismissed

Four accused were convicted for kidnapping and raping a girl who was 13 years and 9 months old at the time of the offence. The appellant, Lillu @ Rajesh, challenged the conviction on the ground that the victim was older, that her statement was uncorroborated, and that the two‑finger test and alleged …

RAM PAL @ BUNDAversusSTATE OF HARYANA

2013 INSC 244Dismissed

The appellant was convicted under Sections 302 and 376 of the Indian Penal Code for the rape and murder of a young woman named Devi. The prosecution's case was built on circumstantial evidence, including the appellant's presence at the crime scene, his flight from the village, medical findings of …

MOHAN LAL & ANRversusSTATE OF PUNJAB

2013 INSC 246Dismissed

The appellants, teachers including Mohan Lal, were convicted for gang rape and kidnapping of a minor student under Sections 376(2)(g) and 366 IPC and sentenced to ten years' rigorous imprisonment. The Supreme Court examined whether the fiduciary relationship between teachers and a student attracted …

SWAROOP SINGHversusSTATE OF M.P.

2013 INSC 234Dismissed

In 1992, a 17‑18‑year‑old girl (PW2) was allegedly forced at knife point by Swaroop Singh to have sexual intercourse in a sugarcane field. She reported the incident immediately, and medical examination revealed a torn hymen; other witnesses corroborated her account and broken bangles were recovered …

KAILASH @ TANTI BANJARAversusSTATE OF MADHYA PRADESH

2013 INSC 237Dismissed

The appellant was convicted under Section 376 IPC for raping P.W.4, an agricultural labourer, and under Section 506B IPC for criminal intimidation. The trial court, after medical examination, concluded that the victim was about 14 years old and that the intercourse, though allegedly consensual, fell …

BANGALORE DEVELOPMENT AUTHORITYversusM/S VIJAYA LEASING LTD. & ORS.

2013 INSC 197Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land under the Bangalore Improvement Act, 1945, with possession handed over to the government on 9 December 1983. A de‑notification under Section 48(1) of the Land Acquisition Act, 1894 was issued on 5 October 1999, and later recalled on 27 June …

SHANTILAL GULABCHAND MUTHAversusTATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

[2013] 2 S.C.R. 432Disposed off

The appellant purchased five Tata diesel vehicles and paid the price through eight bills of exchange drawn on his banker. The respondent sued for the balance amount, but the appellant, believing the debt settled, failed to file a written statement. The trial court passed a decree under Order VIII …

SHANTILAL GULABCHAND MUTHAversusTATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

2013 INSC 172Disposed off

Shantilal purchased five Tata diesel vehicles and paid the price through a series of bills of exchange. Tata Engineering filed a suit for recovery of Rs.5,66,000 plus interest, but Shantilal did not file a written statement, believing the amount had been paid. The trial court passed an ex parte …

KUM. MICHAELversusREGIONAL MANAGER ORIENTAL INSURANCE CO. LTD.

2013 INSC 91Appeal(s) allowed

The appellant, an 8‑year‑old boy, was struck by a motorcycle in 2001, sustaining a fractured right leg, permanent disability of 16% and a 1 cm shortening of the limb. The Motor Accident Claims Tribunal awarded Rs 77,000 as compensation, which the Karnataka High Court enhanced to Rs 1 lakh. The …

ROHITASH KUMAR & ORS.versusOM PRAKASH SHARMA & ORS.

2012 INSC 509

The case concerned the seniority of Assistant Commandants in the Border Security Force who were selected in a single recruitment process but trained in two separate batches (Batch 16 starting 1‑Feb‑1993 and Batch 17 starting 2‑July‑1993). A promoted officer (respondent No.1) who joined on …

ANUP SARMAHversusBHOLA NATH SHARMA AND ORS.

2012 INSC 496Dismissed

The petitioner bought a vehicle on hire‑purchase and alleged that the financier forcibly repossessed it, filing a criminal complaint. The Judicial Magistrate ordered interim custody to the petitioner, but the High Court of Assam quashed the criminal proceedings. The Supreme Court examined whether a …

PUDHU RAJA & ANR.versusSTATE, REP. BY INSPECTOR OF POLICE

2012 INSC 411Dismissed

The case involved the murder of Jayalakshmi, who was set on fire in a house she shared with her husband Pudhu Raja (A-1) and his mother (A-2). The prosecution alleged that the accused killed her to extort dowry, invoking Sections 302 r/w 34, 304(b) and 201 of the IPC, while the trial court acquitted …