Created by Fuzzy Cloud

HIMA KOHLI

53 judgments · newest first · showing 1–53

A.B. GOVARDHANversusP. RAGOTHAMAN

2024 INSC 640Appeal(s) allowed

The appellant advanced a Rs.10 lakh loan to the respondent, securing it by two registered mortgages and four promissory notes. When the respondent defaulted, he handed over the title deeds of a Chennai property as security under a later agreement, promising to register a sale deed and repay a …

V.S. PALANIVELversusP. SRIRAM, CS, LIQUIDATOR, ETC.

2024 INSC 659Case Partly allowed

The appellant, a former managing director of Sri Lakshmi Hotel Private Ltd., challenged the e‑auction of the company's property, alleging that the reserve price was under‑valued, that the liquidator failed to form a Stakeholders’ Consultation Committee, and that the liquidator violated Regulation 33 …

NEW DELHI MUNICIPAL COUNCIL AND ANOTHERversusMANJU TOMAR AND OTHERS

2024 INSC 635

The Delhi Sikh Gurdwara Management Committee (DSGMC) closed the Khalsa Boys Primary School, which received a 95% grant from the New Delhi Municipal Council (NDMC), without obtaining prior approval under Rule 46 of the Delhi School Education Rules. NDMC consequently stopped the grant and later paid …

MANIK MADHUKAR SARVE & ORS.versusVITTHAL DAMUJI MEHER & ORS.

2024 INSC 636Appeal(s) allowed

The Supreme Court examined the bail granted by the Nagpur Bench of the Bombay High Court to respondent No.1, who was accused of conspiracy, cheating, forgery and criminal breach of trust in a massive financial scam involving a cooperative society. The prosecution alleged that the respondent withdrew …

K. NIRMALA & ORS.versusCANARA BANK & ANR.

2024 INSC 634Appeal(s) allowed

The appellants were appointed by Canara Bank and other central government undertakings in the Scheduled Caste category based on caste certificates issued under Karnataka state circulars that listed their community as a synonymous Scheduled Caste. After the Supreme Court’s decision in State of …

M/S KARNATAKA EMTA COAL MINES LIMITED AND ANOTHERversusCENTRAL BUREAU OF INVESTIGATION

2024 INSC 623Appeal(s) allowed

The appeals challenge the Special Judge’s order on charge (24‑12‑2021) and charge‑framing order (03‑03‑2022) against Karnataka Emta Coal Mines Ltd (KECML) and its former MD for alleged conspiracy to illegally sell coal washery rejects. The Court examined whether the CBI’s investigation was …

RAJKARAN SINGH & ORS.versusUNION OF INDIA & ORS.

2024 INSC 621Appeal(s) allowed

The appellants, who were employed as Junior Accountant, Accountant, Upper Division Clerk and Lower Division Clerk to manage the Special Frontier Force's Compulsory Saving Scheme Deposits (SSD) Fund, claimed pensionary benefits under the 6th Central Pay Commission and the Revised Pay Scale Rules, …

SWATI PRIYADARSHINIversusTHE STATE OF MADHYA PRADESH & ORS.

2024 INSC 620Case Allowed

Swati Priyadarshini was appointed on a contract as Assistant Project Coordinator under the Sarv Shiksha Abhiyan in October 2012. After receiving several show‑cause notices alleging lateness, failure to report on a hostel and other alleged inefficiencies, the State of Madhya Pradesh decided on 30 …

SRI SUJIES BENEFIT FUNDS LIMITEDversusM. JAGANATHUAN

2024 INSC 602Appeal(s) allowed

The appellant, a chit‑fund company, advanced loans totalling Rs 21,09,000 to the respondent over several years. To partly discharge the debt, the respondent issued a cheque for Rs 19,00,000 which was returned marked ‘Account Closed’, leading to a complaint under Section 138 of the Negotiable …

IN RE: PATANJALI AYURVED LIMITED THROUGH ITS MANAGING DIRECTOR, ACHARYA BALKRISHNA AND BABA RAMDEV IN THE MATTER OF:INDIAN MEDICAL ASSOCIATION AND ANRversusUNION OF INDIA AND OTHERS

2024 INSC 605Disposed off

The Indian Medical Association filed a writ petition alleging that Patanjali Ayurved Ltd., its managing director Acharya Balkrishna and proponent Baba Ramdev, violated an undertaking given to the Supreme Court on 21 November 2023 by holding a press conference on 22 November 2023 and publishing …

THE STATE OF RAJASTHAN & ORS.versusBHUPENDRA SINGH

2024 INSC 592Disposed off

The case concerned Bhupendra Singh, a former Inspector and Assistant Registrar of the Rajasthan civil services, who was suspended in 1979 and later removed from service after a departmental enquiry that found him guilty of multiple irregularities, including unauthorized appointments, embezzlement …

MEENAKSHIversusTHE ORIENTAL INSURANCE CO. LTD.

2024 INSC 573Case Partly allowed

The appellant, Meenakshi, mother of Suryakanth who died in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Accident Claims Tribunal awarded Rs 1.04 crore based on the deceased’s gross monthly salary of Rs 50,942, which included house rent allowance, a flexible benefit …

BIHAR STATE ELECTRICITY BOARD AND OTHERSversusDHARAMDEO DAS

2024 INSC 549Appeal(s) allowed

The respondent, a physically challenged Scheduled Caste employee of the Bihar State Electricity Board, claimed that his promotion to Joint Secretary, granted on 5 March 2003, should be backdated to 29 July 1997 when a vacancy allegedly arose. The Board argued that no vacancy existed at that time and …

UNION OF INDIA AND OTHERSversusSHISHU PAL @ SHIV PAL

2024 INSC 550Appeal(s) allowed

The respondent, a Constable (GD) in the CRPF, filled a verification roll in November 2011 denying any pending criminal cases, despite having been arrested, bailed, and having two FIRs registered against him earlier that year. The employer discovered the omission, issued a show‑cause notice, and …

AJWARversusWASEEM AND ANOTHER

2024 INSC 438Disposed off

The case concerns a double murder alleged to have occurred on 19 May 2020 when the accused fired indiscriminately at the complainant’s house, killing his two sons and injuring his nephew. The complainant filed an FIR and the accused were charged under several IPC sections; the Allahabad High Court …

SUBODH SINGHversusUNION OF INDIA AND OTHERS

2024 INSC 458Appeal(s) allowed

The appellant's land was partially acquired under notifications issued under Section 20(E)(1) of the Indian Railways Act, 1989, and an award was made on 8 February 2010, leaving out a parcel of 0.0624 hectare. The High Court ordered compensation for the left out parcel but limited additional …

IN RE-INHUMAN CONDITIONS IN 1382 PRISONS versus

2024 INSC 461Directions issued

The Supreme Court examined the status reports filed by several states on the implementation of its earlier prison‑reform directives, focusing on overcrowding, inadequate infrastructure, and the welfare of women prisoners and children. The Court noted persistent delays, lack of approvals, and …

MAHENDRA KAUR ARORAversusHDFC BANK LTD

2024 INSC 432Appeal(s) allowed

The appellant, a landlady, leased part of her commercial premises to HDFC Bank for nine years. The bank gave three months' notice to terminate the lease but failed to hand over vacant possession and did not pay use‑and‑occupation charges, while also not refunding the security deposit. The Rent …

INDIAN MEDICAL ASSOCIATION & ANR.versusUNION OF INDIA & ORS.

2024 INSC 406Directions issued

The Indian Medical Association filed a writ petition under Article 32 seeking redress for the proliferation of misleading and deceptive advertisements, particularly in the food and health sectors. The Court examined the responsibilities of manufacturers, service providers, advertisers, advertising …

SANT BHAGWAN BABA SHIKSHAN MANDAL & ORS.versusGUNWANT & ORS.

2024 INSC 405Disposed off

The appellant society employed respondent No.1 as a peon from 1991, and after he obtained a B.A. and B.P.Ed., he sought promotion to the post of Shikshan Sevak, a teaching position reserved for non‑teaching staff who acquire the requisite qualifications. The High Court had directed the society to …

M/S BHARTI AIRTEL LIMITEDversusA.S. RAGHAVENDRA

2024 INSC 265Appeal(s) allowed

The respondent, A.S. Raghavendra, was appointed by Bharti Airtel Limited as Regional Business Head (South) in the grade of Senior Manager (B2)‑Sales with a salary of Rs.22 lakh per annum and supervised four Account Managers. After resigning in 2011, he claimed his resignation was forced and filed a …

HARESH SHANTILAL AVLANI & ANRversusTHE NEW INDIA ASSURANCE CO. LTD.

2024 INSC 251Disposed off

The Supreme Court considered two appeals challenging the reduction of compensation awarded by the Motor Accident Claims Tribunal (MACT) on the ground that, for an unmarried deceased, the multiplier should be based on the age of the parents rather than the age of the deceased. The appellants, parents …

ANIL KISHORE PANDITversusTHE STATE OF BIHAR AND OTHERS

2024 INSC 188Appeal(s) allowed

The appellant applied for a contractual Amin post under a public advertisement that fixed the age cut‑off at 40 years as of 1 January 2011. After he cleared the written exam and was placed high on the merit list, the authorities issued a later notice changing the cut‑off date to 1 November 2011, …

ERNAKULAM REGIONAL COOPERATIVE MILK PRODUCERS UNION LTD. ETC.versusNITHU & ORS. ETC.

2024 INSC 230Appeal(s) allowed

The Ernakulam Regional Cooperative Milk Producers Union Ltd. issued a 2011 notification for regular recruitment of Plant Attender, Grade‑III, prompting several workers to claim they were casual labourers who had served over 240 days in the preceding year and thus were entitled to regularisation …

U.P. SINGHversusPUNJAB NATIONAL BANK

2023 INSC 1077Dismissed

U.P. Singh, a clerk‑cum‑cashier of Punjab National Bank, was suspended for disorderly conduct and ordered to report to a new branch. He failed to join, received notices under Clause XVI of the 1984 Bipartite Agreement, and was deemed to have voluntarily retired on 5 December 1984. Six years later he …

P.C. MODIversusTHE JAWAHARLAL NEHRU VISHWA VIDYALAYA AND ANOTHER

2023 INSC 1067

The appellant, a Physical Training Instructor (PTI)/Sports Officer at Jawaharlal Nehru Krishi Vishwavidyalaya, was retired at age 60 under university regulations, but contended that he should be classified as a "teacher" and thus retire at 62 like other teachers. The university argued that PTIs are …

DR. P.N. SHUKLA AND OTHERSversusUNION OF INDIA AND OTHERS

2023 INSC 1048Appeal(s) allowed

The appellants, who were appointed as Assistant Scientific Officers in the Commission for Scientific and Technical Terminology (CSTT), sought the same pay scale and allowances that had been granted to a fellow officer (respondent No.4) who was posted as Assistant Scientific Officer (Medicine). …

C. ANIL CHANDRANversusM.K. RAGHAVAN AND OTHERS

2023 INSC 962Dismissed

The appellant, a graduate engineer appointed as Overseer Grade‑III on compassionate grounds, was later promoted to Assistant Engineer in 1995 and sought seniority for further promotion. Private respondents, diploma holders, were granted back‑dated promotions to Assistant Engineer effective …

NUTAN KUMARIversusB.R.A. BIHAR UNIVERSITY AND OTHERS

2023 INSC 966Disposed off

The University of Bihar advertised vacancies for Physical Training Instructors (PTIs) in four constituent colleges, requiring separate applications for each college and specifying eligibility criteria. The university’s selection committee conducted four separate interviews for each candidate on the …

UCO BANK AND OTHERSversusM.B. MOTWANI (DEAD) THR. LRS. & OTHERS

2023 INSC 908Dismissed

The appellant UCO Bank dismissed its former manager, M.B. Motwani, after he attained superannuation, issuing a charge‑sheet only on 7 December 1991. The employee had been served a show‑cause notice and suspended before retirement, but no formal disciplinary proceeding was deemed pending at the time …

SYNDICATE BANKversusN. R. BHAT

2023 INSC 1064Disposed off

The respondent, a former officer of Syndicate Bank, was dismissed in 1997, a dismissal later set aside by the Karnataka High Court in 2005. While the writ proceedings were pending, the parties executed a Joint Compromise Memo on 17 June 2019, wherein the bank agreed to replace the dismissal penalty …

THE STATE OF MADHYA PRADESH AND OTHERSversusBHUPENDRA YADAV

2023 INSC 837Appeal(s) allowed

The respondent, Bhupendra Yadav, applied for a constable post in the Madhya Pradesh police and truthfully disclosed in his verification form that he had been tried for offences under IPC and the POCSO Act, but was acquitted by the trial court. The Superintendent of Police deemed him unfit on the …

DR. PRAKASAN M.P. AND OTHERSversusSTATE OF KERALA AND ANOTHER

2023 INSC 772Dismissed

The appellants, teaching faculty of Government Homeopathic Colleges in Kerala, sought to have the retirement age enhancement granted to medical doctors (from 55 to 60 years) applied retrospectively to them, arguing a legitimate expectation. The State had issued a 2010 Government Order (G.O.) raising …

SMT. DARIYAO KANWAR & ORS.versusM/S UNITED INDIA INSURANCE CO. LTD. & ANR.

2023 INSC 756Appeal(s) allowed

The deceased, Sumer Singh, was employed as a driver by the owner of a truck and was on duty driving from Delhi to Baroda when he felt unwell, parked the vehicle and died. The claimants, his dependents, filed an application under the Employee's Compensation Act, 1923 and were awarded compensation by …

PRAKASH (DEAD) BY LR.versusG. ARADHYA AND ORS.

2023 INSC 743Dismissed

The appellant sought redemption of a mortgage, alleging that a 1973 sale deed coupled with a reconveyance agreement constituted a mortgage by conditional sale. The sale deed transferred absolute ownership of a plot for Rs 5,000, while the reconveyance agreement allowed the vendor five years to …

HIND FILTERS LTD. & ANR.versusHIND FILTER EMPLOYEES’ UNION & ANR.

2023 INSC 799Appeal(s) allowed

The management of Hind Filters Ltd. applied to the Labour Court for permission to retrench workers, but the Labour Commissioner referred the dispute to the Labour Court despite the establishment employing more than 100 workmen, which under Section 10 of the Industrial Disputes Act, 1947, would …

EX SEPOY MADAN PRASADversusUNION OF INDIA AND OTHERS

2023 INSC 656Dismissed

Ex SeppoY Madan Prasad, a Mechanical Transport Driver in the Army Service Corps, was granted leave in 1998 and later an extension on compassionate grounds. He failed to report back after the extended leave expired, claiming his wife’s illness, and remained absent for 108 days, after which he …

MS. XversusTHE STATE OF MAHARASHTRA AND ANOTHER

2023 INSC 252Disposed off

Ms. X, a model, complained that the accused businessman lured her under the pretext of modelling work and raped her in a hotel room. The FIR was initially filed under Sections 354, 354‑B and 506 IPC, and later, after her supplementary statements and a medico‑legal report, Section 376 IPC (rape) was …

SHRI CHATRAPATI SHIVAJI GAUSHALAversusSTATE OF MAHARASHTRA AND OTHERS

2022 INSC 1045Appeal(s) allowed

A truck transporting eighteen cattle was intercepted for lacking proper permits, leading to seizure of the animals and registration of FIRs under the Maharashtra Animal Preservation Act and related statutes. The private respondents, claiming ownership, applied under CrPC sections 451 and 457 for …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA AND ANR.

2022 INSC 875Directions issued

The petitioners challenged pre‑election promises of free goods (“freebies”) made by political parties, arguing that such promises strain state finances and violate the spirit of free and fair elections. They sought judicial intervention, contending that the promises amount to corrupt practices under …

SAMAJ PARIVARTANA SAMUDAYA & ORS.versusSTATE OF KARNATAKA & ORS

2022 INSC 873Disposed off

The petitioners challenged the lifting of the ceiling limit on iron‑ore production in the Karnataka districts of Bellary, Tumkur and Chitradurga, arguing that removal could lead to unregulated mining and violate inter‑generational equity. The State, the CEC, the Ministry of Steel and mining …

SAMAJ PARIVARTANA SAMUDAYA AND ORS.versusSTATE OF KARNATAKA AND ORS.

2022 INSC 611Disposed off

The petitioners, environmental NGOs, filed a writ under Article 32 seeking a halt to mining in forest areas of Karnataka and Andhra Pradesh, declaration of illegal mining contracts, and removal of the ban on export of iron ore and pellets. The Supreme Court had earlier imposed a blanket ban on …

DALPAT SINGH NARUKA & ANR.versusKARUNA BANSAL & ORS.

2022 INSC 458Appeal(s) allowed

The dispute concerned a partnership and ownership of a hotel property, where the respondents sought interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, which was rejected by the Commercial Court. The respondents appealed that decision under Section 37 of the same Act. While …

LAWYERS VOICEversusTHE STATE OF PUNJAB & OTHERS

2022 INSC 43Directions issued

The Supreme Court entertained a writ petition filed by Lawyers Voice, an NGO, seeking judicial intervention after the Prime Minister's convoy was stalled for about 20 minutes on a flyover in Firozpur on 5 January 2022, alleging a serious breach of security. The Court heard counsel for the …

MANOHAR LAL SHARMAversusUNION OF INDIA AND ORS.

2021 INSC 682Directions issued

The petitioners alleged that the Israeli NSO Group's Pegasus spyware was used to infiltrate the mobile devices of Indian citizens, including journalists and activists, thereby violating their fundamental right to privacy under Article 21. They sought an independent investigation, arguing that the …