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G S SINGHVI

242 judgments · newest first · showing 1–200

SURESH KUMAR KOUSHAL AND ANOTHERversusNAZ FOUNDATION AND OTHERS

2013 INSC 823Appeal(s) allowed

The Supreme Court examined the constitutional validity of Section 377 of the Indian Penal Code, which criminalises "carnal intercourse against the order of nature". The petitioners argued that the provision violated Articles 14, 15 and 21 of the Constitution by arbitrarily classifying "unnatural" …

CHATTERJEE PETROCHEM CO. & ANRversusHALDIA PETROCHEMICALS LTD. & ORS.

2013 INSC 817Appeal(s) allowed

Chatterjee Petrochem (Mauritius) Co. invoked the arbitration clause in a restructuring agreement dated 12 January 2002, seeking ICC arbitration over a dispute with Haldia Petrochemicals Ltd. Haldia contended that a later agreement dated 8 March 2002, which granted exclusive jurisdiction to the …

OSWAL AGRO MILLS LTD.versusHINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS

2013 INSC 816Dismissed

Oswal Agro Mills Ltd. obtained permission from the Municipal Corporation of Greater Mumbai to convert a plot in a Special Industrial Zone to a residential‑commercial complex adjacent to Hindustan Petroleum Corporation Ltd.'s (HPCL) refinery. HPCL objected, citing safety, security and health risks, …

ABHAY SINGHversusSTATE OF UTTAR PRADESH AND OTHERS

2013 INSC 819Directions issued

The Supreme Court examined the widespread misuse of red lights and multi‑toned horns on motor vehicles, which were being employed by a large number of public officials and private citizens beyond the limited class intended by law. The petition, led by senior counsel Harish Salve, raised …

MARY PAPPA JEBAMANIversusGANESAN & ORS.

2013 INSC 811Disposed off

Mary Pappa Jebamani filed a criminal complaint alleging assault and verbal abuse under IPC sections 294(b) and 323. The summary trial court acquitted the accused because two key eyewitnesses turned hostile and the trial court found the evidence insufficient. The Sessions Court set aside the …

RAJESHWAR SINGHversusSUBRATA ROY SAHARA & ORS.

2013 INSC 812Disposed off

The Supreme Court examined a contempt petition filed by Rajeshwar Singh, an Assistant Director of the Enforcement Directorate, who alleged that respondents including Subrata Roy Sahara were intimidating him and attempting to derail the court‑monitored investigation into the 2G Spectrum scam. The …

PUTTAMMA & ORS.versusK. L. NARAYANA REDDY & ANR.

2013 INSC 814Appeal(s) allowed

The petitioners claimed compensation under Section 166 of the Motor Vehicles Act, 1988 after the death of a 48‑year‑old employee who earned Rs.13,331 per month; the Claims Tribunal awarded Rs.9.03 lakh, which the Karnataka High Court enhanced to Rs.11.25 lakh by applying a split‑multiplier and a …

BHARAT SANCHAR NIGAM LIMITEDversusTELECOM REGULATORY AUTHORITY OF INDIA AND OTHERS

2013 INSC 808Reference answered

The Supreme Court examined whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) could entertain challenges to regulations made by the Telecom Regulatory Authority of India (TRAI) under Section 36 of the Telecom Regulatory Authority of India Act, 1997. It held that the power …

AGRICULTURAL PRODUCE MARKET COMMITTEEversusBIOTOR INDUSTRIES LTD. & ANR.

2013 INSC 799Disposed off

The Agricultural Produce Market Committee (APMC) of Baroda levied a market fee on castor seeds purchased by Biotor Industries Ltd., an industrial concern that processes the seeds into castor oil. The company argued that the seeds were brought from outside the market area and, under Rule 48(2) of the …

AGRICULTURAL PRODUCE MARKET COMMITTEEversusBIOTOR INDUSTRIES LTD. & ANR.

2013 INSC 800Appeal(s) allowed

The Agricultural Produce Market Committee (APMC) filed a special civil application seeking to levy market fee on Biotor Industries Ltd for its purchase of castor seeds and to declare Rule 48(2) of the Gujarat Agricultural Produce Markets Rules, 1965 ultra vires of Sections 28A and 59 of the Gujarat …

GOJER BROTHERS PRIVATE LIMITEDversusTHE STATE OF WEST BENGAL AND OTHERS

2013 INSC 791Appeal(s) allowed

Gojer Brothers Private Limited had leased land to a school which, after a prolonged eviction suit, continued to occupy the premises. The State of West Bengal issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire the land for the school, and the appellant filed …

K.C. BAJAJ AND OTHERSversusUNION OF INDIA AND OTHERS

2013 INSC 788Appeal(s) allowed

The appellants, doctors employed in Central Health Services and Railways, sought inclusion of the Non‑Practicing Allowance (NPA) in the computation of their pension, arguing that an Office Memorandum dated 29‑Oct‑1999 unjustly excluded NPA for those who retired before 1 January 1996. The Union of …

STATE OF GUJARATversusGIRISH RADHAKRISHNAN VARDE

2013 INSC 783Disposed off

The State of Gujarat appealed against the High Court’s order upholding the quashing of a magistrate’s permission to add Sections 364, 394 and 398 IPC to a charge‑sheet that had already been filed after investigation of an FIR under Section 154 CrPC. The dispute centered on whether a magistrate …

BEENU RAWAT & ORSversusUNION OF INDIA & ORS.

2013 INSC 760Case Allowed

Petitioners, volunteers of the Aam Aadmi Party, protested at Gokul Puri Police Station demanding registration of an FIR for an alleged rape. They allege that police rounded them up and beat them with lathis, causing injuries, and that the police’s version of a violent crowd is unsupported by video …

BRIHANMUMBAI MAHANAGARPALIKA AND ANOTHERversusWILLINGDON SPORTS CLUB AND OTHERS

2013 INSC 758Appeal(s) allowed

The Supreme Court examined whether the catering department of Willingdon Sports Club, which serves food only to its members and their guests, must obtain a licence under Section 394(1)(e) of the Mumbai Municipal Corporation Act, 1888. The High Court had held the club exempt, reasoning that its …

THE CALCUTTA PORT TRUST AND OTHERSversusANADI KUMAR DAS (CAPT.) AND OTHERS

2013 INSC 757Disposed off

The Calcutta Port Trust introduced a pension scheme for its employees and issued several circulars allowing retirees to switch from the Contributory Provident Fund (CPF) scheme to the pension scheme, each with a cut‑off date. Respondent No.1, a former Class‑I officer who retired in 1983, claimed he …

N. MANJEGOWDAversusTHE MANAGER, THE UNITED INDIA INSURANCE CO.

2013 INSC 749Appeal(s) allowed

The appellant, a 36‑year‑old advocate, suffered grievous injuries including loss of strength and sensation in all four limbs after a motorbike accident. He claimed compensation under Section 166 of the Motor Vehicles Act, and the Tribunal awarded Rs.6,17,500 as loss of future income based on a 50% …

STATE OF HARYANA AND ORS.versusSITA RAM AND ORS.

2013 INSC 731Appeal(s) allowed

The employees who had been engaged on a work‑charge basis in the Haryana Public Works Department sought to have their service counted as regular service for the purpose of obtaining benefits under the Haryana Civil Services (Assured Career Progression) Rules, 1998. The Punjab and Haryana High Court …

M/S. P. DASARATHARAMA REDDY COMPLEXversusGOVERNMENT OF KARNATAKA AND ANOTHER

2013 INSC 721Disposed off

The appellant, a contractor, was awarded a bridge construction contract by the Government of Karnataka. Disputes arose and the contract’s Clause 29 required any dispute to be first referred to the Chief Engineer or a Designated Officer, whose decision was subject to court remedy. The contractor …

VISHNU (DEAD) BY L.RSversusSTATE OF MAHARASHTRA AND OTHERS

2013 INSC 671Dismissed

The appellant, a contractor, entered into five irrigation contracts with the State of Maharashtra in 1983. After abandoning the work in 1985, he sought damages and later invoked Clause 30 of the contracts, claiming it was an arbitration clause that made the Superintending Engineer’s decision binding …

M. MANSOOR & ANR.versusUNITED INDIA INSURANCE CO. LTD. & ANR.

2013 INSC 668Appeal(s) allowed

The parents of a 24‑year‑old bachelor who died in a motor‑vehicle accident filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Claims Tribunal awarded Rs 24,65,668 after deducting one‑third of the deceased’s income for personal expenses and applying a …

SANOBANU NAZIRBHAI MIRZA & ORS.versusAHMEDABAD MUNICIPAL TRANSPORT SERVICE

2013 INSC 669Appeal(s) allowed

The deceased Nazirbhai, a 25‑year‑old skilled polisher earning Rs 4,000‑5,000 per month, was killed by an Ahmedabad Municipal Transport Service bus. His legal representatives filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs …

KOLLAM CHANDRA SEKHARversusKOLLAM PADMA LATHA

2013 INSC 629Dismissed

The husband filed a petition for divorce under Section 13(1)(iii) of the Hindu Marriage Act, alleging his wife suffered from schizophrenia, while the wife filed a petition for restitution of conjugal rights. The trial court granted the divorce and dismissed the restitution petition, but the Andhra …

SHAHID BALWAversusUNION OF INDIA AND OTHERS

2013 INSC 586Dismissed

The Supreme Court examined whether its own orders dated 11 April 2011 and 9 November 2012, issued under Articles 136 and 142 while monitoring the 2G spectrum scam investigation, could be recalled. The petitioners argued that the orders infringed their right to approach the High Courts under Articles …

MINU ROUT & ANR.versusSATYA PRADYUMNA MOHAPATRA & ORS.

2013 INSC 584Appeal(s) allowed

The husband of Minu Rout, a 35‑year‑old car driver, died in a head‑on collision with a truck. The Motor Accident Claims Tribunal (MACA) held that both drivers were equally negligent and reduced the loss‑of‑dependency compensation by 50% on the basis of alleged contributory negligence by the …

L.S. SIKANDAR (D) BY LRS. & ORS.versusK. SUBRAMANI & ORS.

2013 INSC 577

The plaintiff sought specific performance of a 1983 agreement of sale and a permanent injunction, but the agreement had been terminated by a notice on 28‑03‑1985 after the plaintiff failed to pay the balance consideration and obtain required permissions within the stipulated five‑month period …

KISHAN GOPAL & ANR.versusLALA & ORS.

2013 INSC 566Appeal(s) allowed

The parents of a ten‑year‑old boy filed a claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 seeking compensation for his death in a tractor‑trolley accident caused by the driver (respondent No.1). The Motor Accident Claims Tribunal rejected the claim, holding that the …

DR. RAM TAWAKYA SINGHversusSTATE OF BIHAR AND OTHERS

2013 INSC 544Appeal(s) allowed

The Governor‑cum‑Chancellor of Bihar appointed several Vice‑Chancellors and Pro‑Vice‑Chancellors without adhering to the statutory requirement of meaningful consultation with the State Government under the Bihar State Universities Act and the Patna University Act. Dr. Ram Tawakya Singh, a professor, …

DEEPALI GUNDU SURWASEversusKRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA (D.ED.) AND OTHERS

2013 INSC 529Appeal(s) allowed

The appellant, a teacher in a private aided school, refused to contribute to a tax demand and was suspended and later terminated without proper approval or a fair inquiry, violating the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 and principles of natural justice. The …

RAM CHANDRAversusREGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.

2013 INSC 509Appeal(s) allowed

Ram Chandra, a cleaner injured in a motor accident while employed, claimed compensation under the Motor Vehicles Act. The insurer, United India Insurance Co., argued that liability was limited to the Workmen's Compensation Act and that any excess should be borne by the vehicle owner. The Supreme …

REKHA JAIN & ANR.versusNATIONAL INSURANCE CO. LTD.

2013 INSC 507Appeal(s) allowed

Dr. Grace Jain, a government-employed doctor, died in a motor vehicle accident. Her daughter Rekha Jain and husband T.A. Sebastian claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs.10,62,000 with interest, using a monthly income of Rs.12,000, a …

REKHA JAINversusNATIONAL INSURANCE CO. LTD.

2013 INSC 506Appeal(s) allowed

Rekha Jain, a 24‑year‑old film actress, was injured in a road accident caused by a negligent truck driver, sustaining grievous facial injuries and 30% permanent physical disability. The Motor Accident Claims Tribunal (MACT) awarded her total compensation of Rs.23,51,726, including Rs.17,51,726 as …

DIGAMBER & ORS.versusSTATE OF MAHARASHTRA & ORS.

2013 INSC 505Appeal(s) allowed

The State of Maharashtra acquired agricultural land for the purpose of establishing an industrial estate under the Land Acquisition Act, 1894. The Special Land Acquisition Officer initially awarded compensation of Rs 50,000 per hectare, which the landowners challenged. The reference court, on a …

UNION OF INDIA AND ANOTHERversusM/S. SWISS GARNIER LIFE SCIENCES & ORS.

2013 INSC 439Appeal(s) allowed

The Union of India challenged the Delhi High Court's order setting aside price‑fixation notifications for Doxofylline formulations, arguing that Doxofylline is a derivative of the scheduled bulk drug Theophylline. The respondents contended that Doxofylline is a new chemical entity not listed in the …

STATE OF UTTAR PRADESHversusDAYANAND CHAKRAWARTY & ORS.

2013 INSC 405Disposed off

The Uttar Pradesh Jal Nigam, a state corporation, had two categories of engineers—those transferred from the former Local Self‑Government Engineering Department and those directly recruited. While the State amended its fundamental rules to raise the superannuation age from 58 to 60 years for …

VEER PAL SINGHversusSECRETARY, MINISTRY OF DEFENCE

2013 INSC 404Appeal(s) allowed

Veer Pal Singh, an Army signalman, was discharged after the Invalidating Medical Board diagnosed him with "Schizophrenic Reaction" and denied his claim for disability pension on the ground that the condition was not attributable to military service. He challenged the discharge and pension denial …

COMMISSIONER OF POLICE, NEW DELHI & ANR.versusMEHAR SINGH

2013 INSC 417Appeal(s) allowed

The Commissioner of Police, Delhi, cancelled the candidature of two applicants, Mehar Singh and Shani Kumar, for the post of constable after a Screening Committee found them unsuitable despite their acquittal in criminal cases involving serious offences and moral turpitude. Both candidates had …

GEETABEN RATILAL PATELversusDISTRICT PRIMARY EDUCATION OFFICER

2013 INSC 418Appeal(s) allowed

The appellant, a primary school teacher, was dismissed in 2004 under Section 24 of the Gujarat Primary Education Act for alleged absenteeism and misconduct. She suffered a 40‑70% mental disability at the time of dismissal and filed a complaint under Section 62 of the Persons with Disabilities (Equal …

JIJU KURUVILA & ORS.versusKUNJUJAMMA MOHAN & ORS

2013 INSC 409Disposed off

The claimants, the wife, children and mother of Joy Kuruvila, who died in a road accident while employed in the US, filed a claim for compensation under the Motor Vehicles Act, 1988, seeking a sum in Indian rupees. The key issues were the appropriate date for fixing the foreign exchange rate to …

ASSOCIATION FOR ENVIRONMENT PROTECTIONversusSTATE OF KERALA AND OTHERS

2013 INSC 413Appeal(s) allowed

The Association for Environment Protection challenged the construction of a restaurant on reclaimed land along the Periyar River in Aluva, Kerala, arguing that the project violated environmental safeguards. The State Government had sanctioned the project without referring it to the Environmental …

K. GURUPRASAD RAOversusSTATE OF KARNATAKA AND OTHERS

2013 INSC 397Appeal(s) allowed

The Supreme Court heard a public‑interest writ petition seeking the cancellation of a mining lease and a ban on mining within one kilometre of the 16th‑century Jambunatha Temple, a protected monument in Karnataka. The petition challenged mining activities that were alleged to have caused structural …

U.P. POWER CORPORATION LTD. AND ORS.versusANIS AHMED

2013 INSC 394Appeal(s) allowed

The Supreme Court examined whether industrial/commercial electricity users could file complaints before a Consumer Forum against assessment orders under Section 126 of the Electricity Act, 2003 or actions under Sections 135‑140 of the same Act. The petitioners (U.P. Power Corporation Ltd. and …

ESSAR TELEHOLDINGS LTD.versusREGISTRAR GENERAL, DELHI HIGH COURT & ORS

2013 INSC 374Dismissed

The petitioners, including Essar Teleholdings Ltd., challenged the Delhi High Court's administrative order and the NCT of Delhi's notification appointing a Special Judge to try the 2G spectrum case, arguing that the Special Judge lacked jurisdiction to try IPC offences (420/120‑B) arising from the …

B. RAGHUVIR ACHARYAversusCENTRAL BUREAU OF INVESTIGATION

2013 INSC 380Disposed off

The case involved a Rs 65 crore investment in CANCIGO units of Canbank Mutual Fund (CMF) by four subscribers, where B. Raghuvir Acharya (Trustee/General Manager) and Hiten P. Dalal (approved broker) were alleged to have obtained a false brokerage of Rs 32.5 lakhs. The Special Court convicted Acharya …

NEERUPAM MOHAN MATHURversusNEW INDIA ASSURANCE CO.

2013 INSC 381Appeal(s) allowed

The appellant, Neerupam Mohan Mathur, lost his right hand in a bus‑truck collision caused by the negligent driver of a chartered bus. He claimed compensation under Section 110‑A of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs.3,20,000. The Punjab & Haryana High …

AHSANUL HODAversusSTATE OF BIHAR

2013 INSC 389Appeal(s) allowed

The appellant's 3.54 acres of agricultural land were acquired for a reservoir project, and the Collector initially paid Rs.6,513.60 based on a market rate of Rs.16 per decimal. The Reference Court later fixed a higher compensation of Rs.250 per decimal and awarded Rs.10,000 for damage to standing …

STATE OF HARYANAversusJANAK SINGH & ETC.

2013 INSC 336Case Partly allowed

The State of Haryana appealed against a Punjab & Haryana High Court order that reduced the imprisonment terms of two accused, Joginder Singh and Janak Singh, for rape and related offences to the time they had already served. The trial court had convicted them under IPC Sections 376, 506 and, for …

MARKIO TADOversusTAKAM SORANG

2013 INSC 338Appeal(s) allowed

In the Arunachal Pradesh Legislative Assembly election of 2009, Markio Tado was declared elected over Takam Sorang. Sorang filed an election petition alleging booth capturing, and later sought forensic examination of voters' counterfoils (Form 17A) to prove impersonation and double voting. The …

JAYAMMA & ORS.versusTHE DEPUTY COMMISSIONER, HASSAN DIST., HASSAN AND ORS.

2013 INSC 312Dismissed

The petitioners, owners of residential houses in Mukundur village, claimed that seepage from a canal had caused damage to their homes and sought a mandamus directing the Land Acquisition Collector to complete acquisition proceedings as per a government letter. The High Court had ordered the …

SMT. V. SUDHAversusP. GANAPATHI BHAT & ANR.

2013 INSC 311Appeal(s) allowed

The appellant, a 36‑year‑old woman, suffered grievous injuries to her left leg and forearm when a motorcycle driven by the first respondent collided with her. She claimed compensation of Rs.3,50,000 under the Motor Vehicles Act, 1988, citing loss of earnings, pain and suffering, and future medical …

VIMAL KANWAR & ORS.versusKISHORE DAN & ORS.

2013 INSC 304Appeal(s) allowed

The Supreme Court heard an appeal by the wife, daughter and mother of a 28‑year‑old Assistant Engineer who died in a motor accident caused by the negligent driver of a jeep. The Motor Accident Claims Tribunal had reduced the deceased's salary, deducted amounts for provident fund, pension, insurance …

ADDL.DISTT.SUB-REGISTRAR SILIGURIversusPAWAN KUMAR VERMA AND OTHERS

2013 INSC 297Appeal(s) allowed

A partition suit filed in 1999 was compromised in 2001 and the decree was presented for registration in 2007. The trial court directed the Additional District Sub‑Registrar, Siliguri to register the partition deed based on the stamp duty calculated from the suit valuation of Rs.50 lakh. The …

MAHENDRA NATH DASversusUNION OF INDIA AND OTHERS

2013 INSC 294Appeal(s) allowed

Mahendra Nath Das was convicted of two murders, one of which attracted a death sentence that was confirmed by the High Court and the Supreme Court. He filed a mercy petition under Article 72 of the Constitution seeking commutation to life imprisonment, but the petition was rejected after a …

SATYAWATIversusRAJINDER SINGH AND ANR.

2013 INSC 290Appeal(s) allowed

The plaintiff, Satyawati, obtained a decree for possession of an 80‑sq‑yard plot of land on 19 January 1996. An execution petition filed in 1996 was rejected by the executing court on the ground that the decree was not executable due to contradictory reports, even though the original judgment relied …

VIRENDER JAINversusALAKNANDA COOPERATIVE GROUP HOUSING SOCIETY LIMITED AND OTHERS

2013 INSC 276Appeal(s) allowed

The appellants, members of Alaknanda Cooperative Group Housing Society, had paid instalments for flats but the Society refunded their money and terminated their membership alleging default on payments. The appellants filed complaints under Section 12 of the Consumer Protection Act, 1986, seeking …

R.K. JAINversusUNION OF INDIA & ANR

2013 INSC 256Dismissed

R.K. Jain filed an RTI application seeking copies of the Annual Confidential Report (ACR) of Ms. Jyoti Balasundaram, a Member of CESTAT, and the follow‑up action on alleged integrity issues. The Central Public Information Officer denied the request under Section 8(1)(j) of the RTI Act, deeming the …

ASHOK KUMAR JAINversusSUMATI JAIN

2013 INSC 255Dismissed

The husband, Ashok Kumar Jain, filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce from his wife, Sumati Jain, on grounds of cruelty and desertion. The trial court dismissed the petition, finding that the husband himself had been cruel and had created circumstances that …

RANJIT KUMAR MURMUversusM/S LACHMI NARAYAN BHOMROJ & ORS.

2013 INSC 253Dismissed

The appellant, a kerosene dealer, challenged a reduction in his monthly kerosene quota after the Director of Consumer Goods increased the quota of a rival dealer, which was upheld by the District Magistrate. The appellant withdrew his writ petition and appealed to the Principal Secretary and …

RAJESH & OTHERSversusRAJBIR SINGH & OTHERS

2013 INSC 248Appeal(s) allowed

The case involved the widow and minor children of Bijender Singh, a 33‑year‑old clerk who died in a motor accident. They claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 8,96,500, which the High Court increased to Rs 10,17,000 …

DEVENDER PAL SINGH BHULLARversusSTATE OF N.C.T. OF DELHI

2013 INSC 249Dismissed

The petitioners, convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and sentenced to death, sought commutation of their sentences under Article 72 of the Constitution. After a delay of about eight years in deciding the mercy petition, they argued that the delay itself …

V.K. SURENDRAversusV.K. THIMMAIAH & ORS.

2013 INSC 232Dismissed

The appellant, one of the four sons of the deceased, appealed against a Karnataka High Court decree that declared the disputed lands to be ancestral joint family property and allocated specific shares to each heir. The plaintiff, a daughter, claimed the lands were self‑acquired by the father and …

STATE OF KERALAversusABDUL ALI

2013 INSC 235Disposed off

The Supreme Court examined whether land that does not qualify as a "private forest" under the Kerala Private Forests (Vesting and Assignment) Act, 1971 can be subjected to a total prohibition of tree felling under Section 5 of the Kerala Preservation of Trees Act, 1986. The Court held that …

BHANWAR KANWARversusR.K. GUPTA & ANR.

2013 INSC 216Appeal(s) allowed

The appellant's son suffered convulsions and was treated by respondent No.1, an Ayurvedic practitioner, who advertised a total cure and allegedly prescribed allopathic medicines while claiming they were Ayurvedic. The treatment, conducted between 1994 and 1997, worsened the child's condition, …

RAMESH CHANDRA SHAH AND OTHERSversusANIL JOSHI AND OTHERS

2013 INSC 210Appeal(s) allowed

The Uttarakhand Board of Technical Education advertised vacancies for Physiotherapist posts and conducted a written test under the 2008 General Rules for Group C recruitment. Successful candidates were appointed, while the unsuccessful private respondents filed a writ petition challenging the …

INDIAN SOAPS & TOILETRIES MAKERS ASSOCIATIONversusOZAIR HUSAIN AND OTHERS

2013 INSC 141Appeal(s) allowed

The Delhi High Court, in a public‑interest writ, ordered manufacturers of drugs and cosmetics (other than life‑saving drugs) to display symbols indicating whether the product contained vegetarian or non‑vegetarian ingredients. The petitioners challenged this order, arguing that the Drugs and …

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 …

RAJYA SABHA SECRETARIAT AND ORS.versusSUBHASH BALODA AND ORS.

2013 INSC 90Appeal(s) allowed

The Rajya Sabha and Lok Sabha Secretariats recruited Security Assistants Grade‑II through a four‑stage process, awarding 25 marks for the personal interview, of which 7 marks were allocated for NCC/Sports and computer‑course certificates that were advertised as ‘desirable’. Unsuccessful candidates …

GOPAL SINGHversusSTATE OF UTTARAKHAND

2013 INSC 85Disposed off

Gopal Singh was convicted under Section 324 of the Indian Penal Code for firing a country‑made pistol ("katta") and causing a firearm injury to his nephew, Narain Singh. The appellant challenged the conviction on the ground that the weapon was not seized and the injury was not grievous, and also …

STATE OF MAHARASHTRA AND OTHERSversusNOWROSJEE WADIA COLLEGE AND OTHERS

2013 INSC 63Appeal(s) allowed

Teachers in colleges affiliated to Pune University were paid leave encashment under university statutes 424(3) and 424(C) framed under the Poona University Act, 1974. After the Maharashtra Universities Act, 1994 repealed the 1974 Act, the State of Maharashtra directed universities to discontinue the …

STATE BANK OF INDIA AND OTHERSversusPALAK MODI AND ANOTHER

2012 INSC 558Dismissed

The case concerned two probationary officers of State Bank of India who were terminated after being alleged to have used unfair means in a confirmation test. The bank, relying on a report from the Institute of Banking Personnel Selection (IBPS) and seating‑arrangement evidence, extended their …

ALOK KUMAR PANDITversusSTATE OF ASSAM & ORS.

2012 INSC 541Dismissed

The appellant, an OBC candidate, applied for the Assam Civil Service through the Assam Public Service Commission and secured a higher merit score than many open‑category candidates, yet was not placed in his preferred service. He challenged the commission’s selection, arguing that more meritorious …

R.K. ANANDversusREGISTRAR, DELHI HIGH COURT

2012 INSC 523Disposed off

Senior advocate R.K. Anand was held guilty of contempt for attempting to suborn a court witness in a criminal trial where he represented the accused. The Delhi High Court punished him with a four‑month ban from appearing before the High Court, a fine of Rs 2,000 and recommended that he be stripped …

VOLTAS LIMITEDversusTEHSILDAR, THANE & ORS.

2012 INSC 511Appeal(s) allowed

The Maharashtra government acquired land for Voltas Ltd. and issued an allotment order in 1969 restricting alienation without prior permission and mandating use for workers' housing. Voltas later obtained an exemption under the Urban Land (Ceiling and Regulation) Act, 1976, to develop surplus land …

SURINDER SINGH BRAR AND OTHERS ETC.ETC.versusUNION OF INDIA AND OTHERS

2012 INSC 463Appeal(s) allowed

The case concerned the acquisition of about 105 acres of land in Manimajra, Chandigarh for the expansion of the Rajiv Gandhi Technology Park (Phase III). The acquisition was approved by the Adviser to the Administrator of the Union Territory based on reports of the Land Acquisition Officer (LAO), …

DIPAK KUMAR MUKHERJEEversusKOLKATA MUNICIPAL CORPORATION AND OTHERS

2012 INSC 458Appeal(s) allowed

The appellant, Dipak Kumar Mukherjee, challenged the illegal construction of a multi‑storeyed building by respondent No.7 (a construction company) that exceeded the two‑storey plan sanctioned under the Kolkata Municipal Corporation Act, 1980. Despite a stop‑work notice and a demolition order passed …

PATASI DEVIversusSTATE OF HARYANA & ORS.

2012 INSC 358Appeal(s) allowed

Patasi Devi owned a 14-kanal plot on which she had constructed a house before the Haryana Government issued a Section 4 notification on 15‑12‑2006 for acquiring land for the development of Sector 36, Rohtak. The land was later declared acquired under Section 6 and an award was passed on 9‑12‑2009, …

SUBRAMANIAN SWAMYversusA. RAJA

2012 INSC 352Rejected

Dr. Subramanian Swamy filed a criminal complaint alleging that former Finance Minister P. Chidambaram conspired with Telecom Minister A. Raja in the 2G spectrum scam, seeking to make Chidambaram an accused under the Prevention of Corruption Act. The Special Judge, after examining the material, found …

KANPUR DEVELOPMENT AUTHORITY THR. VICE CHAIRMANversusSHEO PRAKASH GUPTA & ANR.

2012 INSC 351Appeal(s) allowed

The Kanpur Development Authority (KDA) sold a plot to respondents who later sought possession, but a civil court injunction led KDA to cancel the allotment and refund the amount. The respondents filed a consumer complaint alleging interest, damages, and harassment, and the State Consumer Disputes …

STATE OF HARYANA AND ORS.versusVIJAY SINGH AND ORS.

2012 INSC 347Appeal(s) allowed

The respondents were appointed as Masters, Physical Training Instructor and Hindi Teacher on a purely ad‑hoc basis between 1994 and 1996 by District Education Officers, and their services were regularised on 1‑Oct‑2003. After regularisation they claimed that the ad‑hoc period should be counted for …

SATYAJIT BALLULBHAI DESAI & ORS.versusSTATE OF GUJARAT

2012 INSC 291Appeal(s) allowed

The appellants were charged in a criminal complaint alleging forgery and fraudulent sale of land, which was later withdrawn after a compromise in a related civil suit. A third party, unrelated to the dispute, succeeded in reviving the complaint before the High Court, which also granted the …

ASHOK KUMAR RATILAL PATELversusUNION OF INDIA AND ANR.

2012 INSC 283Appeal(s) allowed

Dr. Ashok Kumar Ratilal Patel, a Director at North Gujarat University, applied for the post of Director on deputation at AICTE after a public advertisement. He was selected, offered appointment, and accepted the terms, which allowed him to either draw the deputation pay or retain his higher …

SUSHILA TIWARY AND OTHERSversusALLAHABAD BANK AND OTHERS

2012 INSC 284Dismissed

Shri Ravindra Nath Tiwary, a Special Assistant of Allahabad Bank, was suspended and charged with offences under IPC sections 468 and 477A. He was convicted, dismissed from service under Clause 19.6(a) of the 1966 Bi‑partite Settlement, and later acquitted on appeal by the benefit of doubt. The Bank …

V.S. KANODIA ETC. ETC.versusA.L.MUTHU (D) THR. LRS. & ANR

2012 INSC 285Case Partly allowed

The tenants (appellants) occupied three non‑residential premises in Chennai. For the first premises, the Rent Controller had fixed the fair rent using a market value of the land of Rs 25 lakhs per ground, and appeals against that order were pending. For the second and third premises, the appellate …

AZIM AHMAD KAZMI AND ORS.versusSTATE OF U.P. & ANR.

2012 INSC 286Disposed off

The Supreme Court examined a dispute where the Uttar Pradesh Government, under a lease deed dated 19 March 1996, cancelled the lease of a plot in Allahabad and resumed possession for public purposes such as extending the High Court building. The lessees challenged the cancellation, alleging …

NEW INDIA ASSURANCE CO. LTD.versusGOPALI & ORS.

2012 INSC 271Dismissed

The case involved a claim for compensation under Section 166 of the Motor Vehicles Act after the death of Nanag Ram, a 36‑year‑old machine operator, in a road accident. The claimants sought Rs.24 lakh, while the insurer challenged the award on several grounds. The Supreme Court examined whether the …

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.versusMAWASI & ORS. ETC.ETC.

2012 INSC 257Dismissed

The Haryana State Industrial Development Corporation (HSIDC) sought review of a Supreme Court judgment that fixed compensation for land acquired for an industrial township, alleging that the market value was based on a fraudulent sale deed (Exhibit P1) between two companies allegedly under common …

VILLAGE PANCHAYAT, CALANGUTEversusTHE ADDITIONAL DIRECTOR OF PANCHAYAT-II AND ORS.

2012 INSC 258Appeal(s) allowed

The Village Panchayat of Calangute revoked an occupancy certificate and permission for a construction by Kay Jay Constructions after complaints that the building blocked a water well and chapel. The Sarpanch issued a notice under Section 64 of the Goa Panchayat Raj Act to stop further construction. …

SANTOSH DEVIversusNATIONAL INSURANCE COMPANY LTD. AND OTHERS

2012 INSC 181Appeal(s) allowed

The appellant, Santosh Devi, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for the death of her husband, a self‑employed dairy farmer, in a road accident caused by the negligent driving of another vehicle. The Motor Accident Claims Tribunal awarded Rs.1,32,000 with a 12% …

PRAKASH CHANDRAversusNARAYAN

2012 INSC 182Appeal(s) allowed

The appellant filed a suit for specific performance of an agreement to sell agricultural land, having paid earnest money, while the respondent failed to execute the sale deed. The trial court decreed specific performance, but the first appellate court reversed the decree on the ground that granting …

OM PRAKASHversusSTATE OF RAJASTHAN AND ANR.

2012 INSC 172Appeal(s) allowed

The father of a 13½‑year‑old girl (appellant) appealed against the trial and High Court orders that allowed the accused, Vijay Kumar (respondent No.2), to be tried as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. The courts had relied on school records showing a …

PREMJI NATHUversusSTATE OF GUJARAT AND ANOTHER

2012 INSC 166Appeal(s) allowed

The appellant, Premji Nathu, challenged the compensation awarded for his land acquired under the Land Acquisition Act, 1894. After the Collector issued a notice under s.12(2) on 22‑Feb‑1985 without attaching a copy of the award, the appellant obtained the award later and filed an application on …

AMRIT BHANU SHALI & ORS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2012 INSC 163Appeal(s) allowed

The deceased, a 26‑year‑old unmarried man, was killed in a road accident. His parents and unmarried sister filed a claim under s.166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal awarded Rs 8,66,000, applying a 50% deduction for personal and living expenses and …

SAROJ SCREENS PVT. LTD.versusGHANSHYAM AND OTHERS

2012 INSC 148Dismissed

The Supreme Court upheld the Bombay High Court’s order quashing the Municipal Corporation of Nagpur’s 1991 resolution to renew a 30‑year lease in favour of Saroj Screens Pvt. Ltd. and the State Government’s subsequent sanction under Section 70(5) of the City of Nagpur Corporation Act, 1948. The …

N. SURESHversusYUSUF SHARIFF & ANR.

2012 INSC 138Appeal(s) allowed

The appellant, N. Suresh, was severely injured in a motor accident caused by the rash driving of a lorry, resulting in 90% permanent disability of his right leg and 50-60% facial disability. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988, asserting a monthly income of over …

RASHMI AJAY KR. KESHARWANI & ANR.versusAJAY KR. KESHARWANI AND ORS.

2012 INSC 128Appeal(s) allowed

The husband, Ajay Kumar, filed a habeas corpus petition before the Allahabad High Court alleging that his wife, Rashmi, was illegally detaining their minor son. In reality, the child had been living with the mother in Maharashtra since birth. The husband had earlier filed a criminal application in …

KRUSHNAKANT B. PARMARversusUNION OF INDIA & ANR.

2012 INSC 90Appeal(s) allowed

Krushnakant B. Parmar, a Security Assistant, was dismissed for alleged unauthorised absence from duty over three periods, alleged to violate Rule 3(1)(ii) and (iii) of the Central Civil Services (Conduct) Rules, 1964. Parmar contended that he was prevented from signing the attendance register by his …

CENTRE FOR PUBLIC INTEREST LITIGATION AND OTHERSversusUNION OF INDIA AND OTHERS

2012 INSC 68Case Allowed

The Supreme Court examined the allocation of 2G spectrum licences by the Department of Telecommunications (DoT) between September 2007 and March 2008, which were based on Telecom Regulatory Authority of India (TRAI) recommendations to use the 2001 entry fee and a first‑come‑first‑served policy. …

BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD.versusSTATE OF KARNATAKA AND OTHERS

2012 INSC 69Dismissed

The Bangalore City Cooperative Housing Society sought acquisition of 207 acres of land for a housing scheme, entering into an agreement with the State Government and an estate agent who was paid over Rs 5 crores to secure the acquisition. The High Court quashed the acquisition, holding that no …

DR. SUBRAMANIAN SWAMYversusDR. MANMOHAN SINGH AND ANOTHER

2012 INSC 59Appeal(s) allowed

Dr. Subramanian Swamy filed a representation with the Prime Minister seeking sanction to prosecute the then Minister of Communications, A. Raja, for alleged corruption in the 2G spectrum allocation. After repeated reminders and a CBI FIR was registered 16 months later, the Delhi High Court dismissed …

ARCHAEOLOGICAL SURVEY OF INDIAversusNARENDER ANAND AND OTHERS

2012 INSC 30Disposed off

The Supreme Court examined whether Jantar Mantar, New Delhi, is a protected monument and whether the 1992 notification declaring a 100‑metre prohibited area around it applies to a plot where the respondents sought to construct a multistoried building. The Court held that the 1956 notification …

M/S. NATIONAL SEEDS CORPORATION LTD.versusM. MADHUSUDHAN REDDY AND ANOTHER

2012 INSC 29Dismissed

Farmers who bought foundation seeds from National Seeds Corporation (NSC) alleged crop failure due to defective seeds and sought compensation under the Consumer Protection Act, 1986. NSC contended that the Seeds Act, 1966 was a special law that exclusively governed seed quality disputes, that the …

ADARSH SHIKSHA MAHAVIDYALAYA AND OTHERSversusSUBHASH RAHANGDALE AND OTHERS

2012 INSC 7Dismissed

The Supreme Court considered a civil appeal challenging the Madhya Pradesh High Court's order that arose from a public‑interest writ petition highlighting irregularities in the grant of recognition to private teacher‑training institutions by the Western Regional Committee of the National Council for …

DARSHAN LAL NAGPAL (DEAD) BY L.RS.versusGOVERNMENT OF NCT OF DELHI AND OTHERS

2012 INSC 1Appeal(s) allowed

The Delhi government sought to acquire 80 bighas 15 biswas of land, including 21 bighas 3 biswas belonging to the appellants, for a 400/220 KV electric sub‑station. It invoked Sections 17(1) and 17(4) of the Land Acquisition Act, 1894, dispensing with the hearing provisions of Section 5A(2) on the …

KETAN V. PAREKHversusSPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER.

2011 INSC 825Dismissed

The Special Director of Enforcement imposed a penalty on Ketan V. Parekh and others under the Foreign Exchange Management Act, 1999. The appellants filed appeals under Section 35 of the Act and sought condonation of a 1,056‑day delay, arguing that the time spent pursuing writ petitions in the Delhi …

SANJAY CHANDRAversusCBI

2011 INSC 819Disposed off

The Supreme Court considered appeals by Sanjay Chandra and 16 co‑accused who were denied bail by the Special CBI Judge and the Delhi High Court in a telecom‑licence fraud case involving alleged loss of billions to the State. The appellants argued that the investigation was complete, the charge‑sheet …

RAGHBIR SINGH SEHRAWATversusSTATE OF HARYANA AND OTHERS

2011 INSC 816Appeal(s) allowed

The appellant, a farmer, challenged the acquisition of his agricultural land by the State of Haryana, alleging that the statutory notices under the Land Acquisition Act, 1894 were not properly published, he was denied a hearing, and that possession of his land was never actually taken because crops …

M/S. ROYAL ORCHID HOTELS LIMITED AND ANOTHERversusG. JAYARAM REDDY AND ORS.

2011 INSC 726Dismissed

The Karnataka State Tourism Development Corporation acquired 37 acres of land for a golf‑cum‑hotel resort under the Land Acquisition Act, 1894, but later transferred portions of the land to private entities. Several landowners challenged the acquisition, alleging fraud and diversion of public …

MACHAVARAPU SRINIVASA RAO AND ANOTHERversusANDHRA PRADESH URBAN AREAS

2011 INSC 698Appeal(s) allowed

The appellants challenged the Vijayawada, Guntur, Tenali and Mangalagiri Urban Development Authority's (UDA) permission to construct a temple on a 75‑cent parcel of land that the Zonal Development Plan had earmarked for recreational use. The High Court had refused to quash the UDA's order, treating …

TRANS MEDITERRANEAN AIRWAYSversusM/S UNIVERSAL EXPORTS & ANR.

2011 INSC 689Dismissed

The case concerned a complaint by Universal Exports (the consignor) that Trans Mediterranean Airways, an international cargo carrier, misdelivered a consignment intended for Barclays Bank, Madrid, delivering it instead to M/s Liwe Espanola. The consignor sought compensation under the Consumer …

A. SRIDHARversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2011 INSC 680Dismissed

A. Sridhar, while riding a motorcycle with a pillion rider, met with an accident on 14 January 1998 due to an oil spill on the road, sustaining grievous injuries. He filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking Rs. 6,00,000 as compensation, and the Motor Accident Claims …

D. SAMPATHversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2011 INSC 681Case Partly allowed

A pillion rider of a motorcycle insured by United India Insurance suffered injuries in an accident caused by an oil spill. A medical doctor certified that the rider had a 75% disability, and the Motor Accident Claims Tribunal awarded compensation of Rs. 3,50,000. The High Court enhanced the …

KHATRI HOTELS PRIVATE LIMITED AND ANOTHERversusUNION OF INDIA AND ANOTHER

2011 INSC 667Dismissed

The appellants, Khatri Hotels Private Ltd. and another, claimed title and sought an injunction over land they alleged to have purchased. The land had been urbanised under the Delhi Municipal Corporation Act, 1957 and transferred to the Delhi Development Authority (DOA) by notification under the …

MARABASAPPA (D) BY LRS. & ORS.versusNINGAPPA (D) BY LRS. & ORS.

2011 INSC 665Appeal(s) allowed

The dispute concerned lands acquired by Parwatevva, a Hindu woman, after her marriage. The plaintiffs alleged that all the properties were joint Hindu family assets and sought a one‑third share for each son, while the defendants contended that the lands were Parwatevva's self‑acquired or stridhana …

ARUN KUMAR AGGARWALversusSTATE OF MADHYA PRADESH AND ORS.

2011 INSC 644Appeal(s) allowed

The appellant complained to the Lokayukta that three government officials had caused a loss of Rs.4 crore to the State of Madhya Pradesh by purchasing land at inflated prices. The Lokayukta police investigated, exonerated the officials and filed a closure report under Section 169 of the Cr.P.C. …

DEVENDER KUMAR TYAGI AND ORS.versusSTATE OF U.P. AND ORS.

2011 INSC 602Case Allowed

The petitioners challenged two notifications issued by the State of Uttar Pradesh for acquiring land to develop a Leather City Project aimed at relocating polluting bone mills. The Court examined whether the declaration under Section 6 of the Land Acquisition Act, dated 18 December 2007, was made …

RAVIRAJ UDUPAversusM/S UNITED INDIA INSURANCE COMPANY LTD. & ORS.

2011 INSC 580Appeal(s) allowed

The appellant, a 32‑year‑old private contractor, claimed compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained in a road accident. The Motor Accident Claims Tribunal awarded Rs.4,06,400 with 8% interest, considering the nature of injuries and loss of future earnings. …

STATE OF UTTARANCHAL &ANR.versusSUNIL KUMAR VAISH & ORS.

2011 INSC 581Appeal(s) allowed

The State of Uttarakhand appealed a High Court order that directed the State Government to pay Rs.70,99,951.50 as compensation to the successors of an unauthorised occupier of a leased land. The land had been declared unauthorised occupation in 1972 and the State had successfully evicted the …

D.P. DASversusUNION OF INDIA AND ORS.

2011 INSC 559Appeal(s) allowed

In 1983 the Ordnance Factories Organization recruited Specialist Medical Officers (SMOs) in several disciplines. When a post was created in 1991, the UPSC prepared a combined seniority list, using the date of interview to rank candidates who were recommended on the same day. D.P. Das, an SMO, …

MIS. CITADEL FINE PHARMACEUTICALSversusMIS. RAMANIYAM REAL ESTATES P. LTD. & ANR.

2011 INSC 549Disposed off

Citadel Fine Pharmaceuticals (vendor) and Ramaniyam Real Estates (buyer) entered into a sale agreement for 66 cents of land, of which 19 cents were declared excess under the Tamil Nadu Urban Land Ceiling Act. The contract made time of the essence, requiring the buyer to obtain clearance from the …

DEVENDRA SINGH & ORS.versusSTATE OF U.P. & ORS.

2011 INSC 541

The appellants owned land that the Uttar Pradesh government sought to acquire for the construction of a district jail. The State invoked Sections 17(1) and 17(4) of the Land Acquisition Act, 1894 to dispense with the hearing provision of Section 5‑A, claiming urgency. The High Court upheld the …

M/S. SHARMA TRANSPORTSversusTHE STATE OF MAHARASHTRA & ORS.

2011 INSC 537Dismissed

The appellants, permit‑holders of tourist buses, were fined for loading luggage on the roof of their vehicles and challenged the fines on the ground that Rule 128(9) of the Central Motor Vehicles Rules, 1989 does not expressly forbid such carriage and that the restriction violates their Article …

DELHI DEVELOPMENT AUTHORITYversusS.S. AGGARWAL & ORS.

2011 INSC 540Disposed off

The Delhi Development Authority (DDA) sought compensation for land acquired under the Land Acquisition Act, 1894, while the original landowners had filed claims for Rs.4,000 per square yard. During the proceedings the landowners executed assignment deeds transferring their compensation rights to …

VALLIYAMMAL AND ANOTHERversusSPECIAL TEHSILDAR (LAND ACQUISITION) AND ANOTHER ETC.

2011 INSC 530Appeal(s) allowed

The appellants, owners of small parcels of land acquired by the Tamil Nadu Government for a housing project, challenged the compensation fixed by the Reference Court after the Madras High Court reduced the market value by applying a 40% deduction for development charges and a further 20% deduction …

JAIPUR DEVELOPMENT AUTHORITY AND OTHERSversusVIJAY KUMAR DATA AND ANOTHER

2011 INSC 485

The Supreme Court examined the Jaipur Development Authority’s attempt to regularise illegal land allotments in the Lal Kothi Scheme, which were based on a letter dated 6 December 2001 purporting to be a government policy. The Court held that the letter was not a valid policy order under Article 166 …

MATHAI M. PAIKEDAYversusC.K. ANTONY

2011 INSC 482Appeal(s) allowed

The appellant filed two suits for recovery of money against the respondent, a retired Deputy Conservator of Forest drawing a pension of Rs 10,500, and obtained decrees in his favour. The respondent appealed the decrees before the Kerala High Court and sought to prosecute the appeals as an indigent …

JUSTICE P. D. DINAKARANversusHON'BLE JUDGES INQUIRY COMMITTEE & ORS.

2011 INSC 452Dismissed

Justice P.D. Dinakaran, then Chief Justice of the Karnataka High Court, challenged the constitution of an Inquiry Committee set up under the Judges (Inquiry) Act, 1968 to investigate allegations against him. He objected to the inclusion of senior advocate P.P. Rao (respondent No.3) on grounds of …

STATE OF JHARKHAND & ORS.versusASHOK KUMAR DANGI AND OTHERS

2011 INSC 435Appeal(s) allowed

The Supreme Court examined a dispute over the recruitment of primary school teachers in Jharkhand, where candidates holding C.P.Ed./Dip.P.Ed. sought appointment as primary teachers and the High Court had directed that 5% of vacancies be filled by physical‑trained candidates based on Bihar's policy. …

CHITIARANJAN DASversusSTATE OF ORISSA

2011 INSC 443Appeal(s) allowed

The appellant, a Deputy Secretary in the Orissa Administrative Service, was found to possess assets disproportionate to his known income. The State Vigilance Department sought sanction for his prosecution under the Prevention of Corruption Act, 1947, but the State Government refused sanction while …

HUMANITY AND ANR.versusSTATE OF WEST BENGAL AND ORS.

2011 INSC 411Appeal(s) allowed

The West Bengal government advertised land for an integrated school and allotted a 50‑katha plot to cricketer Sourav Ganguly. Ganguly later requested a larger plot to meet ICSE affiliation norms and offered to surrender the original plot. Within a month the government allotted a 63‑katha plot …

ABHYUDYA SANSTHAversusUNION OF INDIA & ORS.

2011 INSC 389Dismissed

The appellants, a group of educational institutions, filed Special Leave Petitions claiming they had been granted recognition by the National Council for Teacher Education (NCTE) and sought interim orders directing the State Government to allot students to their D.Ed. courses. During the pendency of …

AMAR SINGHversusUNION OF INDIA & ORS.

2011 INSC 382Dismissed

Amar Singh filed a writ petition under Article 32 alleging that his telephone conversations were intercepted by the Government of India and the Delhi administration at the behest of a political party, and sought an injunction and damages. The petition relied on annexes that were later shown to be …

PREMAversusNANJE GOWDA AND OTHERS

2011 INSC 372Appeal(s) allowed

The appellant, an unmarried daughter, sought to increase her share in a joint Hindu family property after the Karnataka legislature inserted Section 6A into the Hindu Succession Act, granting daughters equal coparcenary rights. A preliminary decree in the partition suit had already fixed her share …

NOIDA ENTREPRENEURS ASSOCIATIONversusNOIDA & ORS.

2011 INSC 366Disposed off

The Noida Entrepreneurs Association filed a writ petition alleging that the former CEO of the New Okhla Industrial Development Authority (NOIDA), Shri Ravi Mathur, IAS, misused his position between 1993-94 by awarding contracts without tender, evading conversion charges, and illegally converting a …

DUNLOP INDIA LIMITEDversusA.P. RAHNA AND ANR.

2011 INSC 353Dismissed

The dispute concerned eviction of Dunlop India Limited from premises leased under the Kerala Buildings (Lease and Rent Control) Act, 1965. The landlord alleged that the tenant had ceased to occupy the premises for more than six months without reasonable cause, first from June 1998 and later from …

PRAHLAD SINGH & ORS.versusUNION OF INDIA & ORS.

2011 INSC 344Appeal(s) allowed

The appellants' land in Haryana was notified for acquisition in 2002 and an award was passed in 2004 under the Land Acquisition Act, 1894. They filed writ petitions alleging that the land fell within a green belt under the Regional Plan 2001, that the acquisition violated the National Capital Region …

URVIBEN CHIRAGHBAI SHETHversusVIJAYBHAI SHAMBHUBHAI JORANPUTRA .& ORS.

2011 INSC 335Appeal(s) allowed

In 1990 a car driven by the first respondent crashed, leaving the appellant, Urviben, permanently disabled and bedridden. She claimed Rs.15 lakh compensation before the Motor Accident Claims Tribunal (MACT) under s.166 of the Motor Vehicles Act, 1988. The MACT awarded Rs.6.07 lakh with 9% interest, …

BANDA DEVELOPMENT AUTHORITY, BANDAversusMOTI LAL AGARWAL AND OTHERS

2011 INSC 331Appeal(s) allowed

The State Government acquired 103 bighas of land in Banda district for the Tulsi Nagar Residential Scheme under the Land Acquisition Act, 1894, issuing a notification on 8‑9‑1998 and a declaration on 7‑9‑1999. The acquisition was completed with possession handed over to the Banda Development …

V. RAMAKRISHNA RAOversusSINGARENI COLLIERIES COMPANY LTD. & ANR.

2011 INSC 323Case Allowed

The appellant, V. Ramakrishna Rao, filed an application under Section 28A(3) of the Land Acquisition Act, 1894 seeking correction of the market value and compensation awarded for land acquisition. The Supreme Court had earlier allowed the appeal, reversing the Andhra Pradesh High Court and holding …

AMRIK SINGH LYALLPURIversusUNION OF INDIA AND ORS.

2011 INSC 324Appeal(s) allowed

Amrik Singh Lyallpuri, a journalist, challenged the statutory provision that appeals from decisions of the Appellate Tribunal under the Delhi Municipal Corporation Act, 1957 and the New Delhi Municipal Council Act, 1994 must be heard by the Administrator (the Lieutenant Governor of Delhi). The issue …

DR. SHEHLA BURNEY AND. OTHERSversusSYED ALI MOSSA RAZA (DEAD) BY LRS. AND ORS.

2011 INSC 327Appeal(s) allowed

The plaintiffs filed a suit for possession of a 3‑acre land alleging title derived from their parents. Defendant No.1 (Razia Begum) transferred the land to Lateef Hassan Burney (defendant No.2) who was later impleaded. The amended plaint sought possession only against defendant No.1 and made no …

SRI RADHY SHYAM (D) THROUGH LRS. & ORS.versusSTATE OF U.P. & ORS.

2011 INSC 304Appeal(s) allowed

The State of Uttar Pradesh, through the Greater Noida Industrial Development Authority, acquired land belonging to the appellants for a planned industrial development of Gautam Budh Nagar, invoking Sections 17(1) and 17(4) of the Land Acquisition Act, 1894, thereby dispensing with the hearing …

DEVINDER SINGHversusMUNICIPAL COUNCIL, SANAUR

2011 INSC 293Appeal(s) allowed

Devinder Singh was engaged by the Municipal Council, Sanaur as a clerk on a contract basis from August 1994 and his services were terminated on 30 September 1996 without the notice or compensation required under Section 25‑F of the Industrial Disputes Act, 1947. The Labour Court awarded him …

SRI NAGARAJAPPAversusDIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.

2011 INSC 288Appeal(s) allowed

Sri Nagarajappa, a coolie, was injured in a motor accident caused by a negligent bus driver and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,70,200, using a 20% disability figure (based on whole‑body disability) and a …

AKHIL BHARTIYA UPBHOKTA CONGRESSversusSTATE OF MADHYA PRADESH AND ORS.

2011 INSC 279Appeal(s) allowed

The appellant, a public‑spirit organization, challenged the State of Madhya Pradesh's reservation and allotment of 20 acres of Nazul land to the Shri Kushabhau Thakre Memorial Trust (later respondent No.5) on the ground that the process violated Article 14 of the Constitution. The land was allotted …

BILKIS AND OTHERSversusSTATE OF MAHARASHTRA AND OTHERS

2011 INSC 272Case Partly allowed

The appellants' land was acquired under the Land Acquisition Act, 1894 for a tourism development project, and an award of Rs.300 per acre was initially made. The Reference Court enhanced the compensation to Rs.650 per acre, noting that the land had been converted to non‑agricultural use and had …

REVANASIDDAPPA AND ANR.versusMALLIKARJUN AND ORS.

2011 INSC 251Matter referred to larger bench

The appeal arose from a Karnataka High Court decision on a partition suit involving children born of a void second marriage. The petitioners claimed that the children of the void marriage were illegitimate and therefore not coparceners in the ancestral property, while the respondents argued they …

DEV SHARAN & ORS.versusSTATE OF U.P. & ORS.

2011 INSC 188Appeal(s) allowed

The State of Uttar Pradesh sought to acquire 25.89 hectares of agricultural land in Murchha village for the construction of a district jail, issuing notifications under Sections 4 and 17 of the Land Acquisition Act, 1894 on 21 August 2008 and dispensing with the Section 5A hearing on the ground of …

SANT SINGHversusSUKHDEV SINGH AND ORS.

2011 INSC 186Appeal(s) allowed

Sant Singh, a 48‑year‑old work‑munshi, was injured as a pillion rider when a four‑wheeler collided with his scooter, fracturing both legs. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking Rs 5 lakh and 24% interest. The Motor Accident Claims Tribunal awarded Rs …

KUSUM LATA & ORS.versusSATBIR & ORS.

2011 INSC 172Appeal(s) allowed

The deceased Surender Kumar, a 29‑year‑old villager, was fatally injured when a tempo (HR‑34‑8010) struck him. His widow and three minor children filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal and the High Court rejected the claim because …

NARAYAN DUTT AND ORS.versusSTATE OF PUNJAB AND ANR.

2011 INSC 161Disposed off

The Additional Sessions Judge convicted Narayan Dutt, Manjit Singh and Prem Kumar for murder under the IPC and sentenced them to life imprisonment. While their appeals were pending before the High Court, they filed petitions under Article 161 of the Constitution seeking pardon from the Governor of …

IVO AGNELO SANTIMANO FERNANDES & ORS.versusGOVERNMENT OF GOA & ANR.

2011 INSC 151Appeal(s) allowed

In a land acquisition proceeding, the government paid compensation by issuing cheques to four owners, two of which remained uncollected and were subsequently deposited in the State's revenue account and utilized. The owners filed an execution application seeking the balance amount and interest, …

KOKKANDA B. POONDACHA AND OTHERSversusK.D. GANAPATHI AND ANR.

2011 INSC 147Appeal(s) allowed

The appellants filed a partition suit and the respondents later applied under Order XVI Rule 1(1) and (2) read with Section 151 of the CPC to file a list of witnesses, naming the appellants' advocate, N.R. Karnath, as a witness. The trial court allowed the list but rejected the request to summon the …

SRI K.R. MADHUSUDHAN & ORS.versusTHE ADMINISTRATIVE OFFICER & ANR.

2011 INSC 137Appeal(s) allowed

The deceased, a 53‑year‑old senior assistant of Karnataka Electricity Board, died in a road accident caused by a van owned by the first respondent. The claim petition under Section 166 of the Motor Vehicles Act, 1988 was decided by the Motor Accident Claims Tribunal (MACT) with a multiplier of 11, …

P. S. SOMANATHAN AND ORS.versusDISTRICT INSURANCE OFFICER AND ANR.

2011 INSC 131Appeal(s) allowed

A 33‑year‑old unmarried man was killed by a lorry on a highway. His mother, brother and later the mother’s daughter filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal (MACT) awarded Rs.1,71,600 using a multiplier of 16 based on …

SUNIL SHARMA & ORS.versusBACHITAR SINGH & ORS

2011 INSC 104Case Partly allowed

The legal heirs of Mrs. Sunita Sharma, who died in a motor accident, appealed the compensation awarded by the Motor Accident Claims Tribunal (MACT) and the High Court. The Supreme Court examined how the deceased’s income should be computed, rejecting deductions for HRA, CCA, EPF, GIS and allowing …

GIAN KAURversusRAGHUBIR SINGH

2011 INSC 97Appeal(s) allowed

The appellant, Gian Kaur, filed a suit seeking a declaration of ownership of 16 kanals of land, along with a consequential permanent injunction and an alternative prayer for possession. The trial court and first appellate court decreed the suit, but the Punjab and Haryana High Court reversed, …

M. NAGABHUSHANAversusSTATE OF KARNATAKA & OTHERS

2011 INSC 92Dismissed

The appellant, owner of two plots of land, challenged the acquisition of his land under the Karnataka Industrial Areas Development Act, 1966, alleging that the land lay outside the Framework Agreement and that the acquisition was invalid because no award was made within two years as required by …

PARMESHWARIversusAMIR CHAND & ORS.

2011 INSC 79Appeal(s) allowed

Parmeshwari, a pillion passenger on a motorcycle, suffered a fractured right leg and 32% permanent disability after being hit by a scooter. She filed a complaint with the Superintendent of Police (Hisar) and later a compensation claim, which the Motor Accident Claims Tribunal awarded Rs.1,36,547 …

GHISALALversusDHAPUBAI (DEAD) BY LRS. AND ORS.

2011 INSC 37Disposed off

Ghisalal claimed to be the adopted son of Gopalji and sought a one‑half share in Gopalji's ancestral property, asserting that the adoption was valid because Gopalji's wife, Dhapubai, had consented. The trial court, appellate court and High Court presumed Dhapubai's consent from her mere presence at …

MAHANT JAWALA SINGH CHELA OF MAHANT BISHAN SINGH (DEAD) THROUGH LEGAL REPRESENTATIVEversusTHE SHIROMANI GURDWARA PRABHANDHAK COMMITIEE, AMRITSAR

2011 INSC 39Appeal(s) allowed

Fifty‑three Sikh worshippers petitioned under Section 7(1) of the Sikh Gurdwaras Act, 1925 to have Gurdwara Sri Guru Granth Sahib in Jalal, Bhatinda declared a Sikh Gurdwara. The appellant, Mahant Jawala Singh, filed a petition under Section 8 claiming the institution was a Nirmala Dera, not …

SMT. GEETAversusSTATE OF U. P. & ORS.

2010 INSC 876Appeal(s) allowed

The Uttar Pradesh Panchayat Laws (Amendment) Act, 2007 abolished the post of Up‑Pramukh in Kshettra Panchayats but retained a non‑obstante clause in section 7(3) stating that those elected before the amendment would continue to hold office as such until their term ends. A dispute arose whether a …

STATE OF MAHARASHTRA AND ORS.versusSARANGDHAR SINGH SHIVDAS SINGH CHAVAN AND ANR.

2010 INSC 877Dismissed

The State of Maharashtra appealed against a Bombay High Court order that quashed a Collector’s directive, issued on the instructions of the Chief Minister, which required police to obtain clearance from a District Anti‑Money Lending Committee and a legal opinion before registering any FIR against …

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusVIMAL KUMAR SURANA AND ANOTHER

2010 INSC 840Appeal(s) allowed

Vimal Kumar Surana, who had passed the Chartered Accountant examination but was not a member of the Institute, impersonated a chartered accountant, prepared audit reports and forged the Institute's seal before tax authorities. The Institute filed a criminal complaint alleging offences under the …

INDIAN INSTITUTE OF TECHNOLOGY, KANPURversusRAJA RAM VERMA AND ORS.

2010 INSC 812Appeal(s) allowed

The Supreme Court examined whether IIT Kanpur could limit the extension of retirement age to 62 years only to teachers and staff treated on par with teachers, as per communications from the Ministry of Human Resource Development. The first respondent, an Assistant Registrar, claimed entitlement to …

J & K NATIONAL PANTHERS PARTYversusTHE UNION OF INDIA AND OTHERS

2010 INSC 764Dismissed

The Jammu & Kashmir National Panthers Party challenged the 2002 amendment to Section 3 of the Jammu & Kashmir Representation of the People Act, 1957 and the corresponding amendment to Section 47(3) of the Jammu & Kashmir Constitution, which defer the delimitation of Legislative Assembly …

RAMJAS FOUNDATION AND ANOTHERversusUNION OF INDIA AND OTHERS

2010 INSC 763Dismissed

The Ramjas Foundation owned land in Delhi that was acquired under a 1959 notification issued under the Land Acquisition Act, 1894 for planned development. The Foundation claimed the land was a Wakf property, exempt under clause (d) of the notification, and argued that a non‑Muslim could create a …

ORYX FISHERIES PRIVATE LIMITEDversusUNION OF INDIA AND OTHERS

2010 INSC 755Appeal(s) allowed

Oryx Fisheries Private Limited exported frozen shrimp to a UAE buyer who later claimed the consignment was of poor quality. The buyer lodged a complaint with the Marine Products Export Development Authority (MPEDA), which issued a show‑cause notice alleging the exporter had supplied sub‑standard …

GIRJESH SHRIVASTAVA AND OTHERSversusSTATE OF M.P. AND OTHERS

2010 INSC 728Appeal(s) allowed

The appellants were appointed as contractual teachers under the Madhya Pradesh Panchayat Contractual Teachers (Conditions of Appointment and Service) Rules, 2001. Their appointments were challenged in two public interest litigations on the grounds that the advertisement failed to reserve seats for …

GAINDA RAM AND OTHERSversusM.C.D. AND OTHERS

2010 INSC 701Disposed off

The petitioners, street hawkers and vendors in Delhi, challenged actions of the New Delhi Municipal Council (NDMC) and Municipal Corporation of Delhi (MCD) that restricted their hawking activities, claiming a fundamental right under Article 19(1)(g). The Supreme Court reiterated that this right is …

CHANMUNIYAversusVIRENDRA KUMAR SINGH KUSHWAHA & ANR.

2010 INSC 681Matter referred to larger bench

The appellant, Chanmuniya, claimed that after the death of her first husband she was married to her brother‑in‑law according to Kushwaha customs, with Katha and Sindur, and lived with him as husband and wife. The husband later deserted and stopped maintenance, prompting her to file a petition under …

V. RAMAKRISHNA RAOversusTHE SINGARENI COLLIERIES COMPANY LTD. AND ANR.

2010 INSC 670Appeal(s) allowed

The appellant's land was acquired under the Land Acquisition Act, 1894 and the initial market value was fixed by the Collector. After a reference under Section 18, the Reference Court increased the value, but the appellant, who had not made a Section 18 application, sought equal compensation through …

MOHANLAL NANABHAI CHOKSI (DEAD) BY LRS.versusSTATE OF GUJARAT AND ORS.

2010 INSC 668Appeal(s) allowed

The appellants, owners of land in Surat, challenged the acquisition of their property for a vegetable market initiated by the Surat Municipal Corporation (SMC) under Section 78 of the Bombay Provincial Municipal Corporations Act, 1949. They argued that the later Gujarat Agricultural Produce Market …

MUMBAI INTERNATIONAL AIRPORT PVT. LTD.versusM/S. GOLDEN CHARIOT AIRPORT AND ANR.

2010 INSC 633Appeal(s) allowed

Golden Chariot Airport held a licence to operate a restaurant at Mumbai Airport, which was initially for three years and later extended twice. The licence holder claimed the licence was irrevocable based on alleged oral assurances and sought to prevent eviction after the licence expired. The Supreme …

CHANDIGARH HOUSING BOARDversusAVTAR SINGH AND OTHERS

2010 INSC 636Dismissed

The Supreme Court examined appeals by the Chandigarh Housing Board challenging orders of the National Consumer Disputes Redressal Commission which directed the Board to refund earnest money and interest to members of co‑operative housing societies. The Court held that the society members are the …

PRALHAD AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2010 INSC 618Case Partly allowed

The land of the appellants was acquired under the Land Acquisition Act, 1894, with a notification dated 5 March 1983 and an award on 1 March 1984. The owners filed a reference under Section 18 for enhanced compensation, and while the reference was pending, the 1984 Amendment Act introduced Section …

M/S. KRANTI ASSOCIATES PVT. LTD. & ANR.versusSH. MASOOD AHMED KHAN & OTHERS

2010 INSC 582Appeal(s) allowed

The Supreme Court heard two separate appeals filed by a builder (Kranti Associates) and Corporation Bank against orders of the National Consumer Disputes Redressal Commission (National Commission) that dismissed their revision petitions without providing adequate reasons. The Court examined whether …

K.K. POONACHAversusSTATE OF KARNATAKA AND OTHERS

2010 INSC 574Dismissed

The petitioners challenged the Bangalore Development Authority Act, 1976 on the ground that it was not reserved for the President’s consideration and did not receive his assent as required by the now‑repealed Article 31(3). The Supreme Court examined whether the Act, enacted under Entry 5 of List II …

YADAVA KUMARversusTHE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. & ANOTHER

2010 INSC 559Case Partly allowed

Yadava Kumar, a 30‑year‑old painter, suffered fractures of both forearms in a road accident and was assessed with 33% disability of the right upper limb, 21% of the left and 20% total disability. The Motor Vehicles Tribunal awarded Rs.52,000 as compensation, which the Karnataka High Court enhanced …

C. MUNIAPPAN & ORS.versusSTATE OF TAMIL NADU

2010 INSC 553Disposed off

The Supreme Court examined the convictions of thirty‑one accused arising from a "Rasta Roko" agitation during which a university bus carrying 47 female students was set ablaze, killing three girls and injuring many others. The Court upheld the death sentences of the three principal accused (Nedu, …

MRS. ZAKIYA BEGUM & ORS.versusMRS. SHANAZ ALI & ORS.

2010 INSC 488Dismissed

The landlords, Mrs. Zakiya Begum and others, let a premises to the tenants, Mrs. Shanaz Ali and others, at a monthly rent of Rs. 4,000. The landlords filed an eviction suit under the Karnataka Rent Control Act, 1961, but while the suit was pending the Karnataka Rent Act, 1999 came into force, …