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GYAN SUDHA MISRA

98 judgments · newest first · showing 1–98

JAL MAHAL RESORTS P. LTD.versusK.P. SHARMA & ORS.

2014 INSC 342Case Partly allowed

The Supreme Court examined the validity of a 100‑acre lease granted by the Rajasthan government to Jal Mahal Resorts for 99 years to develop the Mansagar Lake precinct. It held that the lease was not obtained through mala‑fide conduct, that only 8.65 acres classified as lake‑bed must be returned to …

BHUVNESH KUMAR DWIVEDIversusM/S HINDALCO INDUSTRIES LTD.

2014 INSC 335Appeal(s) allowed

Bhuvnesh Kumar Dwivedi was employed by Hindalco Industries Ltd as a labour supervisor from 30‑12‑1992 to 27‑07‑1998. Although the employer periodically terminated his service on the pretext of "sanction expired" and re‑appointed him on short contracts, the workman rendered continuous service of …

MATHAI MATHAIversusJOSEPH MARY @ MARYKKUTIY JOSEPH & ORS.

2014 INSC 326Dismissed

The appellant claimed to be a deemed tenant under Section 4A of the Kerala Land Reforms Act, 1963, relying on a mortgage deed executed in 1909‑1910 in favour of his mother as collateral for a dowry. The Supreme Court held that the mortgagee (the appellant's mother) was a minor of 15 years at the …

GAIV DINSHAW IRANI & ORS.versusTEHMTAN IRANI & ORS.

2014 INSC 341Dismissed

The original tenant, Bomanji Irani, bequeathed his government‑owned tenancy to his wife Daulatbai, who was a residuary legatee, and the tenancy was held jointly by her and their five sons. After Daulatbai's death, the Bombay Municipal Corporation (BMC) transferred the tenancy to one son, Dinshaw …

V. MEKALAversusM. MALATHI & ANR.

2014 INSC 344Appeal(s) allowed

The appellant, a 16‑year‑old student who secured first rank in her class, suffered 70% permanent disablement after a motor vehicle accident. The Motor Accident Claim Tribunal awarded Rs 6,46,000 and the Madras High Court enhanced it to Rs 18,22,000, taking a notional monthly income of Rs 6,000. The …

STATE OF KARNATAKA BY NONAVINAKERE POLICEversusSHIVANNA @ TARKARI SHIVANNA

2014 INSC 345Hearing Adjourned

The Supreme Court, hearing Special Leave Petition (Cr.) No. 5073 of 2011 filed by the State of Karnataka against Shivanna, observed the persistent incidence of rape and the inadequacy of existing procedural mechanisms. It noted the absence of a fast‑track procedure for rape cases despite the …

SURENDRA MOHAN ARORAversusHDFC BANK LTD. AND OTHERS

2014 INSC 338Dismissed

The appellant filed a consumer complaint against HDFC Bank, obtained a favorable order from the District Forum, but that order was set aside by the State Commission and later by the National Consumer Disputes Redressal Commission. The appellant’s subsequent review application before the National …

ANJANI SINGH & ORS.versusSALAUDDIN & ORS.

2014 INSC 328Appeal(s) allowed

The husband of the claimants, Sergeant Dalbir Singh, died in a road accident caused by the negligent driving of the respondent. The claimants filed a compensation claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs. 2,49,600 with a dependency …

THE SECURITY ASSOCIATION OF INDIA & ANR.versusUNION OF INDIA & ORS.

2014 INSC 331Disposed off

The Security Association of India and other private security agencies challenged the Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 on the ground that it was repugnant to the Private Security Agencies (Regulation) Act, 2005 and violated Articles 14 and 19(1)(g) of …

J.N. CHAUDHARY & ORS. ETC.versusSTATE OF HARYANA & ORS.

2014 INSC 321Dismissed

The Mount Everest Co‑operative Society, formed in 1994, purchased land and later, after discovering financial irregularities, its General Body resolved on 2 June 2002 to auction the land. The auction was conducted in 2003 under the supervision of a Board of Administrators and a Sales Committee, …

STATE OF JHARKHAND & ORS.versusKAMAL PRASAD & ORS.

2014 INSC 316Dismissed

The State of Jharkhand terminated the services of several ad‑hoc Assistant Engineers who had been employed continuously since 1987, alleging their appointments were irregular. The employees challenged the termination, invoking the principle from Secretary, State of Karnataka v. Umadevi that …

AMAR NATHversusKEWLA DEVI &ANR.

2014 INSC 304Appeal(s) allowed

Amar Nath filed a suit for possession of agricultural land, alleging that the order of the Consolidation Officer dated 14‑02‑1970 was obtained by fraud and that he was entitled to a half‑share as the son of Vaij Nath. The trial court dismissed the suit, holding it barred by the Uttar Pradesh …

KALPANARAJversusTAMIL NADU STATE TRANSPORT CORPORATION

2014 INSC 302Appeal(s) allowed

Kalpanaraj, the legal representative of a deceased 46‑year‑old motorcyclist, filed a claim for compensation under s.166 of the Motor Vehicles Act, 1988 on behalf of his wife and two minor children. The Motor Accident Claims Tribunal had awarded Rs.20.90 lacs based on a monthly income of Rs.15,000 …

M/S. SOMA ISOLUX NH ONE TOLLWAY PRIVATE LIMITEDversusHARISH KUMAR PURI & ORS.

2014 INSC 292Appeal(s) allowed

The appellant, M/s. Soma Isolux NH One Tollway Pvt. Ltd., entered into a BOT concession agreement with the National Highways Authority of India (NHAI) to construct, operate and maintain a six‑laning of NH‑1. The High Court, while entertaining a public‑interest writ, cancelled the concession …

SIDHARTHA SARAWGIversusBOARD OF TRUSTEES FOR THE PORT OF KOLKATAAND OTHERS

2014 INSC 284Dismissed

The petitioners challenged notices terminating leases granted by the Kolkata Port Trust, arguing that the Land Manager lacked authority to issue ejectment notices. The Board of Trustees had, under Section 21 of the Major Port Trusts Act, 1963, delegated to the Chairman the power to terminate leases …

ISWARLAL MOHANLAL THAKKARversusPASCHIM GUJARAT VIJ COMPANY LTD. & ANR.

2014 INSC 285Appeal(s) allowed

The appellant, a former employee of Bhavnagar Electricity Company, sought correction of his date of birth from 27‑06‑1937 to 27‑06‑1940 based on a municipal birth certificate and other documents, but the employer rejected the change and later terminated him on the basis of the original date. The …

EXECUTIVE DIRECTOR, STEEL AUTHORITY OF INDIA & ORS.versusTYCOON TRADERS & ORS.

2014 INSC 208Dismissed

The Steel Authority of India (SAIL) conducted an e‑auction for 1 lakh metric tonnes of iron‑ore fines, which Tycoon Traders won and paid the agreed price and security deposit. The contract was revalidated, but the Principal Chief Conservator of Forests refused permission to lift the ore because the …

HARYANA STATE AGRICULTURAL MARKETING BOARDversusBISHAMBER DAYAL GOYAL AND ORS.

2014 INSC 206Dismissed

The Haryana State Agricultural Marketing Board (HSAMB) allotted plots in the Adampur grain market to several allottees on payment of 25% of the price, with the balance payable later. The allottees stopped further instalment payments, alleging that the Board failed to develop basic amenities and to …

SMT. SAVITAversusMOTOR VEHICLES ACT, 1988

2014 INSC 204Case Partly allowed

The appellant, Smt. Savita, filed a claim under Section 166 of the Motor Vehicles Act, 1988 for the death of her husband, Sandeep Chauhan, in a road accident. The Motor Accidents Claims Tribunal awarded a compensation of Rs. 4,28,000 based on a notional annual income of Rs. 36,000, a multiplier of …

SOUMIK SILversusSUBHAS CHANDRA SIL

2014 INSC 203Appeal(s) allowed

The appellant and his mother filed a title suit seeking declaration and permanent injunction concerning a flat. The mother, after a High Court order in a matrimonial proceeding directing her to vacate the flat in exchange for monetary settlement, applied to delete her name from the suit. The trial …

JACINTA DE SILVAversusROSARINHO COSTA & ORS.

2014 INSC 202Dismissed

The plaintiffs, owners of a property in Goa, filed a suit in the civil court for a declaration of ownership and eviction of a defendant occupying a house claimed to be mundkarial. The trial court decreed in their favour, but the heirs of the defendant challenged the decree in execution proceedings, …

M/S BHARAT COKING COAL LTD AND ORS.versusCHHOTA BIRSA URANW

[2014] 4 S.C.R. 887Dismissed

The employee, Chhota Birsa Uranw, joined Bharat Coking Coal Ltd. in 1973 with a date of birth recorded as 15‑Feb‑1947. He later discovered that his school leaving certificate and Mining Sardarship certificate recorded his birth as 6‑Feb‑1950 and sought correction under Implementation Instruction No. …

TAPASH KUMAR PAULversusBSNL & ANR.

2014 INSC 59Appeal(s) allowed

Tapash Kumar Paul, a workman employed by BSNL, was terminated in violation of Section 25‑F of the Industrial Disputes Act, 1947. The Central Government Industrial Tribunal ordered his reinstatement but awarded only Rs 20,000 as compensation for back wages because the management failed to produce …

CHANDA C. KADAM & ORS.versusADDITIONAL COLLECTOR & COMPETENT AUTHORITY

2013 INSC 742Case Partly allowed

The petitioners, heirs of the deceased CG Kadam, entered into a 1992 Memorandum of Understanding (MOU) with developers, granting the developers rights to develop part of a 42,669.40 sq m plot while reserving a 37,865 sq ft floor‑space index (FSI) for the petitioners. The developers obtained a …

GOVT. OF KARNATAKA AND ANRversusK.C.SUBRAMANYA AND ORS

2013 INSC 623Dismissed

The Government of Karnataka appealed a decree granting possession of disputed land to the respondents, seeking to introduce a road map as additional evidence at the appellate stage under Order XU Rule 27(1)(aa) of the CPC. The Supreme Court examined whether such evidence could be admitted when it …

LAFARGE AGGREGATES & CONCRETE INDIA P. LTDversusSUKARSH AZAD & ANR

2013 INSC 602Dismissed

Lafarge Aggregates & Concrete India Ltd. (appellant) lodged a complaint under Section 138 of the Negotiable Instruments Act after a cheque of Rs.2.5 lakh issued by the managing director of the respondents was stopped, leading to its dishonour. The respondents filed a petition under Section 482 of …

PEPSU ROAD TRANSPORT CORPORATIONversusNATIONAL INSURANCE COMPANY,

2013 INSC 563Appeal(s) allowed

The Pepsu Road Transport Corporation (PRTC) owned a bus driven by Nirmal Singh, who was involved in a fatal accident. The claimants obtained compensation from the Motor Accidents Claims Tribunal, but the insurer, National Insurance Company, was absolved on the ground that the driver’s licence was …

SMT. T.GAYATRI DEVIversusDR.TALLEPANENI SREEKANTH

2013 INSC 513Appeal(s) allowed

The appellant-wife sought transfer of a divorce suit filed by her husband, pending in the Family Court, Hyderabad, to the Family Court, Kakinada where she is employed. The High Court rejected the transfer petition, reasoning that the wife was not indigent and could travel to Hyderabad. The Supreme …

NATIONAL INSURANCE CO. LTD.versusBALKAR RAM & ORS.

2013 INSC 455Dismissed

The Motor Accidents Claims Tribunal held that both the owner of a vehicle and the insurer, National Insurance Co. Ltd., were jointly and severally liable to pay Rs.1,24,035 as compensation for a road accident that occurred on 19‑April‑2000. The insurer appealed, contending that the insurance policy …

B. LAKSHMANA ETC.versusDIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED ETC.

2013 INSC 387Appeal(s) allowed

The appellants, employees injured in a lorry accident, claimed compensation under the Workmen's Compensation Act, 1923. The Workmen's Compensation Commissioner awarded compensation based on disability certificates issued by a qualified orthopaedic surgeon, without requiring the appellants to produce …

STATE OF RAJASTHAN & ANR.versusMILAP CHAND JAIN & ANR. ETC.

2013 INSC 298Dismissed

The State of Rajasthan filed a fresh batch of Special Leave Petitions (SLPs) challenging a High Court order dated 29‑11‑2011, which had already been the subject of earlier SLPs that were dismissed. The Supreme Court examined whether a coordinate bench could entertain new SLPs against the same …

M/S RAJURESHWAR & ASSOCIATESversusSTATE OF MAHARASHTRA & ORS.

2013 INSC 220Dismissed

The petitioner filed a contempt petition in the Bombay High Court alleging that the State of Maharashtra had failed to pay interest at 11% as directed by the Supreme Court in Civil Appeal No. 8539 of 2002. The High Court dismissed the petition, holding that any alleged non‑compliance of a Supreme …

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 …

UNION TERRITORY OF LAKSHADWEEP & ORS.versusSEASHELLS BEACH RESORT & ORS.

2012 INSC 233

The Union Territory of Lakshadweep appealed against a Kerala High Court order that allowed Seashells Beach Resort to operate despite lacking clearances under the Coastal Regulation Zone (CRZ) rules and land‑use diversion certificates. The High Court had granted interim relief on humanitarian …

YOGENDRA PRATAP SINGHversusSAVITRI PANDEY & ANR.

2012 INSC 161Matter referred to larger bench

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent for dishonoured cheques, after serving a statutory notice on 23‑09‑2008. The complaint was lodged on 07‑10‑2008, i.e., before the expiry of the 15‑day period prescribed in the proviso to …

BUDHADEV KARMASKARversusSTATE OF WEST BENGAL

2011 INSC 687Hearing Adjourned

The case originated as a criminal appeal (Budhadev Karmaskar v. State of West Bengal) in which the Supreme Court dismissed the appeal and upheld the conviction, but subsequently converted the matter into a suo motu public interest litigation concerning the rights of sex workers. The Court had …

GURDEEP SINGHversusSTATE OF PUNJAB AND ORS.

2011 INSC 610Dismissed

The appellant Gurdeep Singh was convicted under IPC sections 3048 (dowry death) and 498A for allegedly poisoning his wife Rajinder Kaur after a dowry demand. The prosecution alleged that the accused administered poison, that a dowry demand of Rs 25,000 was made shortly before death, and that the …

BUDHADEV KARMASKARversusSTATE OF WEST BENGAL

2011 INSC 603Hearing Adjourned

The Supreme Court, hearing Budhadev Karmaskar v. State of West Bengal (Criminal Appeal No. 135 of 2010), continued its earlier directives to improve the rehabilitation of sex workers by ordering the Central Government to provide Rs.10 lakh and each State Government Rs.5 lakh (Union Territories Rs.2 …

MAHENDRA SINGHversusSTATE OF UTIARANCHAL

2011 INSC 558Appeal(s) allowed

Mahendra Singh, a police constable, shot and killed Janardhan Pathak, a forest gate‑keeper, claiming the incident occurred during a scuffle in which he was attacked. The trial court convicted him of murder under IPC s.302 and sentenced him under the Arms Act; the High Court affirmed. On appeal, the …

BHASKAR MISHRAversusSTATE OF MADHYA PRADESH

2011 INSC 550Dismissed

Bhaskar Mishra was charged under Section 307 of the IPC. Anticipating arrest, he filed an anticipatory bail application under Section 438 of the CrPC before the Sessions Court, which was dismissed. The Madhya Pradesh High Court later granted anticipatory bail for four weeks and directed him to seek …

BUDHADEV KARMASKARversusSTATE OF WEST BENGAL

2011 INSC 536Hearing Adjourned

The Supreme Court dismissed the criminal appeal of Budhadev Karmaskar, who was convicted of murdering a sex worker, and suo motu converted the matter into a public interest litigation to address the plight of sex workers nationwide. The Court held that sex workers are human beings entitled to life …

NIRMAL SINGH PEHLWAN @ NIMMAversusINSPECTOR, CUSTOMS, CUSTOMS HOUSE, PUNJAB

2011 INSC 513

During a joint operation in January 1999, Nirmal Singh was apprehended and offered a choice to be searched before a magistrate or a gazetted officer under Section 50 of the ND PS Act. He chose a gazetted officer, and a search uncovered two kilograms of heroin; he also made a confession to a customs …

DANDU JAGGARAJUversusSTATE OF A.P.

2011 INSC 504Appeal(s) allowed

Varalakshmi, an upper‑caste woman, married a Scheduled‑Caste man against her family's wishes. Six years later she disappeared after being lured by her paternal uncle, the appellant, who claimed her grandmother was ill. Her body was later found, showing death by smothering, and jewellery allegedly …

PRAHALAD SINGH & ORSversusSTATE OF M.P.

2011 INSC 499Disposed off

On 30 September 1996, five accused ambushed Ganeshram and his companions at a river crossing. Rammilan Lodhi and Babula Lodhi, armed with shotguns, fired, killing Ganeshram and injuring Annilal, while Prahlad, Dullam and Hukum, armed with lathis, only exhorted the shooters. The trial court convicted …

MAN SINGHversusSTATE OF U.P.

2011 INSC 500Appeal(s) allowed

Man Singh was arrested in 1979 with half a bottle of illicit liquor and equipment for liquor manufacture. He was convicted under Section 60(2) of the Uttar Pradesh Excise Act, 1910 and sentenced to one year of rigorous imprisonment and a fine, a conviction affirmed by the trial, appellate and …

CHHOTELALversusSTATE OF M.P.

2011 INSC 492Dismissed

Chhote Lal was convicted by the Sessions Court under IPC sections 376(2) (rape) and 302 (murder) for the rape and killing of a ten‑year‑old girl and was sentenced to life imprisonment, the judgment clarifying that the term would continue for the remainder of his life. The High Court affirmed the …

SRIVALLA SRINIVASA RAO & ORS.versusSTATE OF A.P.

2011 INSC 491Dismissed

The appellants were convicted of gang rape under Section 376(2g) of the IPC and of voluntarily causing hurt under Section 323, with the trial court sentencing three of them to ten years' rigorous imprisonment. The High Court reduced the rape sentence to seven years and dismissed the appeal. The …

GOA ANTIBIOTICS & PHARMACEUTICALS LTD.versusR.K. CHAWLA & ANOTHER

2011 INSC 444Disposed off

The Supreme Court considered an application by the Deputy Manager of Goa Antibiotics & Pharmaceuticals Ltd., who held a power of attorney, to appear and argue the case on behalf of the company. The Court examined Sections 29, 32 and 33 of the Advocates Act, 1961, which restrict the right to practice …

AMAR NATH ROY AND ORS.versusARUN KUMAR KEDIA AND ANR.

2011 INSC 397Disposed off

The Supreme Court dismissed the tenant's appeal (Civil Appeal No. 2663 of 2004) and granted him nine months from November 4, 2009, to vacate the premises. The tenant's review petition was also dismissed on March 25, 2010. Despite the orders, the tenant failed to vacate the tenanted premises. A …

RAM PRAKASH SHARMAversusBABULAL IRLA (D) BY LRS. & OTHERS

2011 INSC 391IA disposed

In a rent‑control eviction matter, the Supreme Court considered an interlocutory application seeking an extension of time for the tenants to vacate the premises. The Court extended the vacate date to 31 August 2011 and ordered that if the tenants fail to leave by that date, they shall be evicted by …

M/S ATMA RAM BUILDERS P. LTD.versusA.K. TULI & OTHERS

2011 INSC 376Disposed off

The Supreme Court entertained contempt petitions filed by Atma Ram Builders Ltd. (landlord) against the tenant A.K. Tuli and certain sub‑tenants for refusing to vacate premises despite a Supreme Court order dated 6 October 2010 granting six months to surrender possession and to file an undertaking. …

CENTRAL COUNCIL FOR RESEARCH IN HOMEOPATHYversusBIPIN CHANDRA LAKHERA & ORS.

2011 INSC 317Appeal(s) allowed

The respondent, Bipin Chandra Lakhera, was appointed as a Research Assistant on an ad hoc basis in 1984 and continued in that status until he secured a regular appointment on 5 January 1996. He contended that his seniority should be calculated from the date of his initial ad hoc appointment. The …

BHANU VALVEversusSTATE

2011 INSC 312Dismissed

The petitioner, a father, was convicted of repeatedly raping his own daughter over a period of five years, resulting in the birth of a child. The trial court and the Bombay High Court at Goa upheld the conviction under Section 376 of the Indian Penal Code. The petitioner filed a Special Leave …

M/S. KUNJ ALUMINIUM PRIVATE LIMITEDversusM/S. KONINKLIJKE PHILIPS ELECTRONICS NV

2011 INSC 262Appeal(s) allowed

The Supreme Court allowed the appeal filed by Kunj Aluminium Private Ltd against a Division Bench order of the Delhi High Court that dismissed an appeal without providing any reasons. The Division Bench had merely noted that it had heard counsel and found no legal infirmity, rendering the order …

COMMR. OF POLICE AND ORSversusSANDEEP KUMAR

2011 INSC 219Dismissed

Sandeep Kumar applied for the post of Head Constable in 1999 and answered "No" to a question about any arrest, prosecution, detention, fine or conviction. He had earlier been involved in a criminal case (FIR 362 under IPC sections 325/34) that was compromised and he was acquitted in 1998, but …

UNION OF INDIA & OTHERSversusS.K. KAPOOR

2011 INSC 210Dismissed

S.K. Kapoor, a government employee, was charge‑sheeted for absence without leave and dismissed. He challenged the dismissal before the Central Administrative Tribunal, which quashed the order and directed that the Union Public Service Commission (UPSC) report relied upon be furnished to him in …

B.PREMANAND & OTHERSversusMOHAN KOIKAL & OTHERS

2011 INSC 213Appeal(s) allowed

The appeal concerned the inter‑se seniority of Block Development Officers appointed under the Kerala State and Subordinate Services Rules, 1959. The appellants (SC/ST candidates) received the first effective advice from the Kerala Public Service Commission on 8 July 1992, whereas the respondents …

REKHAversusSTATE OF T. NADU TR. SEC. TO GOVT. & ANR

2011 INSC 208Matter referred to larger bench

The petitioners challenged a detention order issued under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, arguing that it was illegal because they were already in custody for a criminal case on the same facts and no bail application was pending. The State contended that the …

R.S. SINGHversusU.P. MALARIA NIRIKSHAK SANGH & ORS.

2011 INSC 193Appeal(s) allowed

The Allahabad High Court summoned the Principal Secretary (Finance) and the Principal Secretary (Medical & Health) to appear personally for allegedly failing to comply with its earlier judgment. R.S. Singh appealed the High Court's interim orders to the Supreme Court, arguing that such summons of …

GANGADHARA PALOversusTHE REVENUE DIVISIONAL OFFICER & ANOTHER

2011 INSC 191Appeal(s) allowed

The appellant filed a review petition in the High Court after a special leave petition (SLP) against the High Court's judgment was dismissed by the Supreme Court without reasons. The High Court dismissed the review petition and the application for condonation of a 71‑day delay. The Supreme Court …

K.K. BASKARANversusSTATE REP. BY ITS SECRETARY, TAMIL NADU & ORS.

2011 INSC 183Dismissed

The petitioners challenged the constitutional validity of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (as amended in 2003), arguing that it encroached upon Union legislative competence (entries 43‑45 of List I) and violated Articles 14, 19(1)(g) and …

MIS. KUMAON SEEDS COPRN. & ORS.versusKRISHI UTPADAN MANDI SAMITI, KASHIPUR & ORS.

2011 INSC 178Disposed off

Kumaon Seeds Corp. and others, dealers in certified seeds, were served with show‑cause notices by the Krishi Utpadan Mandi Committee seeking to levy a market fee under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The dealers filed suits challenging the notices; the High Court dismissed …

MD. SUKUR ALIversusSTATE OF ASSAM

2011 INSC 158Appeal(s) allowed

The appellant, MD Sukur Ali, challenged a conviction upheld by the Gauhati High Court, which had been decided in his absence because his newly appointed counsel, B. Sinha, did not appear due to a listing error. The Supreme Court examined whether a criminal case can be decided against an accused when …

VISHNU AGARWALversusSTATE OF U.P. AND ANR.

2011 INSC 155Dismissed

In a criminal revision, the revisionist failed to appear because his counsel did not note the case in the main list, leading the High Court to pass a judgment. An application was filed to recall that order on the ground that the case was not listed, and the High Court recalled the order and ordered …

MEHMOOD RAHMAT ULLAH KHAN & ANR.versusNIYAZ AHMAD KHAN

2011 INSC 156Appeal(s) allowed

The landlord filed a petition under Section 21(1)(a) of the U.P. Urban Building Act, 1972 claiming bonafide need to evict the tenant. The prescribed authority rejected the petition, finding no bonafide need, and the appellate court upheld this finding. The High Court, however, in a writ petition, …

BALDEV SINGH & ORS.versusSTATE OF PUNJAB

2011 INSC 149Disposed off

In 1997 the prosecutrix was abducted, raped and beaten by three accused who were later convicted under IPC sections 376(2)(g) and 342 and sentenced to ten years' rigorous imprisonment with a fine of Rs 1,000 each. The accused had already served about three and a half years when they appealed to the …

SURENDRA KOLIversusSTATE OF U.P. AND ORS.

2011 INSC 127Dismissed

Surendra Koli, a servant of Maninder Singh Pandher, was convicted of multiple murders of children in Nithari, Noida, where he allegedly lured, strangulated, dismembered and ate the victims. He gave a voluntary confession before a magistrate under Section 164 of the CrPC, which was corroborated by …

NEHA ARUN JUGADAR & ANRversusKUMARI PALAK DIWAN JI

2011 INSC 121Dismissed

The petitioners filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move a motor accident claim (MACT No. 138 of 2009) from the MACT Court in Gautam Budh Nagar, Uttar Pradesh to a competent court in Pune, Maharashtra, alleging that the Uttar Pradesh court lacked …

BUDHADEV KARMASKARversusSTATE OF WEST BENGAL

2011 INSC 124Hearing Adjourned

The appellant Budhaev Karmaskar was convicted of murdering a sex worker, Chayay Rani Pal, by repeatedly striking her head, causing fatal injuries. Eye‑witness testimony and a detailed post‑mortem report established the brutality of the assault and the cause of death. The trial court sentenced him to …

JAGGA SINGH AND ANR.versusSTATE OF PUNJAB

2011 INSC 96Disposed off

The case involved three accused who shot Baggar Singh, injuring his leg, and subsequently abducted Hoshiar Singh, whose body was found the next morning with only lacerated wounds and no gunshot injury. The trial court convicted them under Section 307 IPC, while the High Court upheld a conviction for …

ARUP BHUYANversusSTATE OF ASSAM

2011 INSC 98Appeal(s) allowed

Arup Bhuyan was convicted under Section 3(5) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged membership in the banned outfit ULFA, based solely on a confession he allegedly gave to the Superintendent of Police. The Supreme Court examined whether such a confession, …

KOLLA VEERA RAGHAV RAOversusGORANTALA VENKATESWARA RAO AND ANR.

2011 INSC 88Appeal(s) allowed

The appellant, Kolla Veera Raghav Rao, had been convicted under Section 138 of the Negotiable Instruments Act, 1881. He was later prosecuted under Section 420 of the Indian Penal Code for the same set of facts. The central issue was whether Section 300(1) of the Criminal Procedure Code, 1973, which …

PRAFULL GORADIAversusUNION OF INDIA

2011 INSC 82Dismissed

Prabull Goradia, a Hindu, filed a writ petition under Article 32 challenging the constitutional validity of the Haj Committee Act, 2002, alleging that taxes he pays are used to fund the Muslim Haj pilgrimage, thereby violating Articles 27, 14 and 15 of the Constitution. The Court examined the scope …

KESHAV PRASAD SHARMAversusINDIAN OIL CORPORATION & ORS.

2011 INSC 71Dismissed

The petitioner, Keshav Prasad Sharma, was tried for a criminal offence when the public prosecutor sought to implead respondents No.3‑9 as co‑accused under Section 319 of the Criminal Procedure Code. The trial court allowed the impleadment, but the Punjab & Haryana High Court set aside that order. …

ARUNA RAMCHANDRA SHANBAUGversusUNION OF INDIA AND ORS .

2011 INSC 67Hearing Adjourned

The petition, filed under Article 32 of the Constitution by a next friend on behalf of Aruna Ramachandra Shanbaug, sought a direction to stop feeding her, alleging she had been in a persistent vegetative state for 36 years following a brutal assault. The respondents, including the KEM Hospital and …

B.S. KRISHNA MURTHY AND ANR.versusB.S. NAGARAJ AND ORS.

2011 INSC 46Disposed off

The case involved a dispute between two brothers concerning family and business matters. The petitioners sought relief from the High Court, but the Supreme Court examined whether the parties should be directed to resolve the dispute through mediation. Relying on the purpose of Section 89 of the Code …

RAJENDRA PRASAD GUPTAversusPRAKASH CHANDRA MISHRA & ORS.

2011 INSC 34Appeal(s) allowed

The plaintiff filed suit No.1301 of 1997 and subsequently lodged an application to withdraw the suit. Before the court could rule on that application, he filed a second application seeking to withdraw the earlier withdrawal application. The Allahabad High Court held that the filing of a withdrawal …

MANOJ YADAVversusPUSHPA @ KIRAN YADAV & ORS.

2011 INSC 31Dismissed

Manoj Yadav appealed against the High Court of Madhya Pradesh’s order that enhanced his wife’s maintenance under Section 125 of the Criminal Procedure Code (CrPC) from Rs.1,500 to Rs.4,000 per month. The appellant argued that the State amendment (Madhya Pradesh Act 10 of 1998) capped maintenance at …

KAILAS & OTHERSversusSTATE OF MAHARASHTRA TR. TALUKA P.S.

2011 INSC 15Dismissed

The case concerns Nandabai, a young Bhil woman who was beaten, stripped and paraded in a village after an illicit relationship with a higher‑caste man. The trial court convicted four accused under IPC sections 452, 354, 323, 506(2) read with 34 and under Section 3 of the SC/ST Act; the High Court …

RAJA KHANversusU.P. SUNNI CENTRAL WAQF BOARD & ANR.

2010 INSC 872Disposed off

The Supreme Court entertained an application seeking to expunge certain observations made in its own judgment dated 26 November 2010, wherein it had remarked that there were complaints against "certain judges" of the Allahabad High Court and that some lawyers related to judges were misusing those …

MOTI RAM (D) THR. LRS. & ANR.versusASHOK KUMAR & ANR.

2010 INSC 859Hearing Adjourned

In a landlord‑tenant dispute, the Supreme Court referred the matter to the Chandigarh Mediation Centre. The mediation did not result in an agreement, and the mediator submitted a report that disclosed the parties' settlement offers. The Court held that mediation proceedings are strictly confidential …

M/S. SHALIMAR GAS & ORS.versusM/S. INDIAN OIL CORPN. LTD. & ANR.

2010 INSC 833Appeal(s) allowed

Mrs. Aruna Nanda, a war widow, was allotted an Indian Oil gas distributorship as a sole proprietor of Shalimar Gas. She later converted the business into a partnership, retaining a 51% share while her partner held 49%. Indian Oil Corporation cancelled the distributorship alleging that she had lost …

M/S BAJAJ HINDUSTAN LTD.versusSIR SHADI LAL ENTERPRISES LTD. & ANR.

2010 INSC 831Appeal(s) allowed

The Supreme Court examined whether the Union Government could de‑license the sugar industry by issuing Press Note 12 and a Notification under Section 298 of the Industries (Development and Regulation) Act, 1951, without a parliamentary amendment. It held that the executive power under Article 73(1) …

RAJA KHANversusU.P. SUNNI CENTRAL WAQF BOARD & ANR.

2010 INSC 821Dismissed

Raja Khan filed a civil suit in Hamirpur (Allahabad Bench jurisdiction) for lease of land in Bahraich (under Lucknow Bench) belonging to a Waqf Board. The High Court's Single Judge, hearing a writ petition filed in the Allahabad Bench, issued ex‑parte interim orders directing the respondents to …

D.M. BELGAMVALAversusTAMILNADU REAL ESTATES (P) LTD.

2010 INSC 808Hearing Adjourned

The landlord obtained an eviction decree against the tenant, D.M. Belgamvala, on the ground that the 100‑year‑old building needed demolition. The tenant filed a Special Leave Petition (SLP) challenging the High Court's order, which the Supreme Court dismissed on 14 May 2010, granting the tenant six …

GIAN SINGHversusSTATE OF PUNJAB & ANR

2010 INSC 803Matter referred to larger bench

Gian Singh was convicted under IPC Sections 420 (cheating) and 120B (criminal conspiracy). While his appeal was pending, he sought to compound the offences and filed a petition under CrPC Section 482 to quash the FIR, which the High Court dismissed. The Supreme Court examined whether a …

BOARD OF WAKF, WEST BENGALversusANIS FATMA BEGUM AND ANR.

2010 INSC 805Appeal(s) allowed

The case concerned a dispute over the demarcation of a Wakf estate created by a 1936 deed, which divided the property into 75% for the descendants (Wakf‑al‑al‑aulad) and 25% for religious purposes. A suit for demarcation was filed in the Calcutta High Court, which held that the demarcation was …

MANOJ YADAVversusPUSHPA @ KIRAN YADAV

[2010] 13 S.C.R. 897

The Supreme Court heard a Special Leave Petition (CrL) No. 6568 of 2009 filed by Manoj Yadav against Pushpa @ Kiran Yadav concerning the grant of maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The issue arose because several states (Madhya Pradesh, Maharashtra, Rajasthan, …

RAJBIR @ RAJU AND ANR.versusSTATE OF HARYANA

2010 INSC 800Hearing Adjourned

The Supreme Court examined a special leave petition filed by Rajbir (the husband) and his mother, who were convicted for the murder of Rajbir's pregnant wife Sunita under Section 304B of the IPC. The trial court had sentenced Rajbir to life imprisonment, but the Punjab & Haryana High Court reduced …

THATHAMSETTY SURESHversusSTATE OF A.P.

2010 INSC 801Hearing Adjourned

Thathamsetty Suresh was convicted under Section 302 IPC for the murder of his wife and sentenced to life imprisonment. He filed a Special Leave Petition before the Supreme Court seeking relief from the conviction and sentence. The Court examined the post‑mortem report, which showed multiple …

MANOJ YADAVversusPUSHPA @ KIRAN YADAV

2010 INSC 802Hearing Adjourned

Manoj Yadav challenged a High Court order granting his wife maintenance of Rs.4,000 per month under Section 125 of the Criminal Procedure Code, contending that a Madhya Pradesh amendment capped maintenance at Rs.3,000. The Supreme Court granted the husband time to challenge the constitutional …

PUSHPA VANTIversusUNION OF INDIA & ORS.

2010 INSC 778Hearing Adjourned

The petitioner, a widow of an army major, sought proper fixation of her pension and arrears, receiving only a nominal amount. The Court observed widespread discontent among serving and retired armed forces personnel regarding pay, pensions, and rehabilitation, and noted that existing mechanisms were …

SATYA NARAYANA TIWARI AND ANR.versusSTATE OF U.P.

2010 INSC 749Dismissed

The appellant husband and his mother‑in‑law were accused of dowry death after the bride, aged about 24, was found strangled and burnt in her matrimonial home within three years of marriage. The prosecution proved, on circumstantial evidence, that the accused repeatedly demanded a Maruti car as …