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Supreme Court of India

INDIRA BANERJEE

109 judgments delivered by benches including this judge.

SANJEET KUMAR SINGH @ MUNNA KUMAR SINGHversusSTATE OF CHHATTISGARH

2022 INSC 88330 August 2022Appeal(s) allowed

The appellant, Sanjeet Kumar Singh, was convicted under the NDNDPS Act for possession of 47.37 kg of ganja after a police search of his car. The prosecution’s case relied heavily on the testimony of PW‑7, a police officer who was both the informant and the investigating officer, and on his claim that the search was con

STATE OF KERALA & ANR.versusM/S POPULAR ESTATES (NOW DISSOLVED) & ANR.

2021 INSC 69329 October 2021Dismissed

The State of Kerala claimed that 1534.40 acres owned by M/s Popular Estates were private forests that vested in the State under the Kerala Private Forests (Vesting and Assignment) Act, 1971. Popular Estates argued that the lands were cultivated plantations and therefore exempt under the Act’s exclusion clauses. The Ker

DAXABENversusTHE STATE OF GUJARAT & ORS.

2022 INSC 77129 July 2022Appeal(s) allowed

The widow of Shaileshkumar Patel challenged the quashing of FIR No. I‑11209016200112, filed under Section 306 IPC for alleged abetment of his suicide, on the ground that the complainant and accused had reached a monetary settlement. The Gujarat High Court, invoking its inherent power under Section 482 of the CrPC, set

M. V CHANDRAKANTHversusSANGAPPPA & ORS

2022 INSC 76929 July 2022Dismissed

M. V. Chandrakanth (appellant) challenged a Division Bench of the Karnataka High Court that had set aside a Single Judge's order dismissing a writ petition filed by Respondent No.1, who claimed Other Backward Class (OBC) reservation as a member of the Ganiga caste. The central issue was whether a person belonging to th

NATIONAL PETROLEUM CONSTRUCTION COMPANYversusDEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), INTERNATIONAL TAXATION, NEW DELHI & ANR.

2022 INSC 77229 July 2022Matter referred to larger bench

National Petroleum Construction Co., a UAE‑incorporated firm, sought a Section 197 certificate for a 4% TDS rate on payments from ONGC for contracts involving both onshore and offshore work in FY 2019‑20. The Deputy Commissioner issued a certificate directing 4% TDS on the entire amount, despite the appellant’s earlier

GOPAL PRASADversusBIHAR SCHOOL EXAMINATION BOARD AND OTHERS

2020 INSC 40828 May 2020Matter referred to larger bench

Gopal Prasad, appointed as Calligraphist‑cum‑Assistant of the Bihar School Examination Board in May 1970 at the age of 15½, was retired in May 2012 on the ground that he had completed 42 years of qualifying service, despite the statutory retirement age being 60 years. The Board had earlier resolved in 2004 to treat the

MANOHAR LAL JAT & ORS. ETC.versusTHE STATE OF RAJASTHAN & ORS. ETC.

2020 INSC 66026 November 2020Dismissed

The Rajasthan government created 554 Tax Assistant posts and filled 80% through direct recruitment (DR) and 20% through promotion of departmental staff (DP). Advertisements for DRs were issued on 25‑01‑2011 and for DPs on 24‑05‑2011; however, DP appointment letters were issued before those of DRs. The seniority list pu

M/S ORATOR MARKETING PVT. LTD.versusM/S SAMTEX DESINZ PVT. LTD.

2021 INSC 35926 July 2021Appeal(s) allowed

M/s Orator Marketing Pvt. Ltd., the assignee of a Rs 1.60 crore interest‑free term loan given to M/s Samtex Desinz Pvt. Ltd. for working‑capital, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate a corporate insolvency resolution process (CIRP). The National Company Law Trib

RAHMAT KHAN @ RAMMU BISMILLAHversusDEPUTY COMMISSIONER OF POLICE

2021 INSC 42425 August 2021Leave Granted & Allowed

Rahmat Khan, a journalist and social worker, exposed alleged misappropriation of government grants to madrasas in Amravati district and filed RTI applications and complaints against officials. In retaliation, three FIRs were lodged against him under various IPC sections, and the Deputy Commissioner of Police issued an

M/S PAHWA PLASTICS PVT. LTD. AND ANRversusDASTAK NGO AND ORS.

2022 INSC 34525 March 2022Appeal(s) allowed

The appellants, Pahwa Plastics Pvt. Ltd. and related firms, are MSME manufacturers of formaldehyde that obtained Consent to Establish and Consent to Operate from the Haryana State Pollution Control Board but did not secure prior environmental clearance (EC) as required by the 2006 EIA Notification. The Haryana governme

B. K. RAVICHANDRA & ORS.versusUNION OF INDIA & ORS.

2020 INSC 65324 November 2020Appeal(s) allowed

The appellants, B.K. Ravichandra and others, sought to recover possession of three parcels of land that had been requisitioned by the Union of India under the Defence of India Act, 1962 and deemed to be covered by the Requisitioning and Acquisition of Immovable Properties Act, 1952. The High Court, despite finding the

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATIONversusPOWER MECH PROJECTS LTD.

2021 INSC 41724 August 2021

The appellant SEPCO, a Chinese corporation, was awarded a large arbitration award in favour of the Indian respondent Power Mech Projects. The High Court, under Section 9 of the Arbitration Act, directed SEPCO to furnish a Rs 30 crore bank guarantee from a "scheduled bank located in India". SEPCO complied by obtaining a

M/S RAVI RANJAN DEVELOPERS PVT. LTDversusADITYA KUMAR CHATTERJEE

2022 INSC 129924 March 2022Appeal(s) allowed

The parties entered into a development agreement for a property in Muzaffarpur, Bihar, which contained an arbitration clause stating that the arbitrators' sittings would be in Kolkata. After a dispute arose, the respondent filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 i

BAJRANG LAL SHARMAversusC. K. MATHEW AND ORS.

2020 INSC 7923 January 2020Directions issued

The petitioners, senior Rajasthan Administrative Service officers, challenged the validity of a 2011 notification granting consequential seniority to SC/ST employees, alleging it violated Supreme Court directions in M. Nagaraj and Suraj Bhan Meena. The High Court had held the notification void and in contempt, but the

GENPACT INDIA PRIVATE LIMITEDversusDEPUTY COMMISSIONER OF INCOME TAX & ANR.

2019 INSC 127722 November 2019Dismissed

Genpact India Private Limited bought back shares from its Mauritius holding company and was assessed a tax under Section 115QA of the Income Tax Act, 1961. The assessee denied liability and challenged the assessment order through a writ petition under Article 226, arguing that no statutory appeal was available. The Hig

MAITREYA DOSHIversusANAND RATHI GLOBAL FINANCE LTD. AND ANR.

2022 INSC 100422 September 2022Dismissed

The Financial Creditor advanced a Rs 6 crore loan to Premier Ltd and secured it by a pledge of shares held by Doshi Holdings. When Premier defaulted, the creditor filed separate petitions under Section 7 of the IBC against both Premier and Doshi Holdings, contending that Doshi Holdings was also a borrower under the loa

D. SWAMYversusKARNATAKA STATE POLLUTION CONTROL BOARD AND ORS

2022 INSC 99822 September 2022Dismissed

The appellant, D. Swamy, challenged the Karnataka State Pollution Control Board's (KSPCB) consent to operate a Common Bio‑Medical Waste Treatment Facility (CBMWTF) on the ground that the facility lacked prior environmental clearance (EC) under the 2006 Environmental Impact Assessment (EIA) Notification as amended. The

HINDUSTAN PETROLEUM CORPORATION LTD.versusAJAY BHATIA

2022 INSC 100522 September 2022Appeal(s) allowed

Hindustan Petroleum Corporation Ltd. (the appellant) owned two adjacent plots, 4/4 and 4/5, in Azadpur, Delhi, and operated petrol stations on both. Ajay Bhatia (the respondent) filed a suit seeking possession and mesne profits for Plot 4/4 after the lease expired in 2003. The trial court decreed possession of Plot 4/4

ASHOK G. RAJANIversusBEACON TRUSTEESHIP LTD. & ORS

2022 INSC 100322 September 2022Dismissed

The corporate debtor, Seya Industries Ltd., and its investors, including Beacon Trusteeship Ltd., entered into a debenture arrangement which later gave rise to arbitration and a claim for payment. While arbitration was pending, the investors filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) i

GOPI @ GOVERDHANNATH (D) BY LRS. & ORS.versusSRI BALLABH VYAS

2022 INSC 100022 September 2022Dismissed

The respondent, Ballabh Vyas, claimed ownership of a small shop (Mulgi) based on a registered sale deed dated 27 June 1985 and sought eviction of the appellants, who were tenants succeeding the original lessee Balraj. The appellants denied the respondent’s title, asserting that Balraj had purchased the property for Rs.

M/S NKD MARITIME LIMITEDversusTHE BOARD OF TRUSTEES OF THE PORT OF MUMBAI & ORS.

2022 INSC 100222 September 2022Dismissed

NKD Maritime Ltd purchased the vessel M.V. Karnika at a public auction ordered by the Bombay High Court in a commercial admiralty suit, with a bill of sale stating the vessel was sold free of all encumbrances. After taking possession, the Mumbai Port Trust demanded anchorage charges, calculating a rate of Rs.15 lakh pe

CHANDRABHAN (DECEASED) THROUGH LRS. & ORS.versusSARASWATI & ORS.

2022 INSC 99722 September 2022Appeal(s) allowed

The appellant, Chandrabhan, was adopted by his paternal uncle Baliram at age 14 under customary rites. After Baliram's death, Chandrabhan claimed ownership of the uncle's property, which his first wife Champabai was later gifted. Chandrabhan filed a suit for declaration of ownership; the trial court dismissed it, but t

SESH NATH SINGH & ANR.versusBAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD. AND ANR.

2021 INSC 19922 March 2021Dismissed

The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year limitation period for fili

GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTIversusSTATE OF KARNATAKA & ORS.

2022 INSC 31821 March 2022Matter referred to larger bench

The appellant, an editor, published a news report disclosing the name of a 16‑year‑old girl who was a victim of sexual harassment, leading to a complaint under Section 23 of the Protection of Children from Sexual Offences Act (POCSO). The police investigated, filed a charge‑sheet and the Special Court took cognizance,

TAXES OFFICER, CIRCLE-B, BHARATPURversusM/S BHAGAT SINGH

2021 INSC 3621 January 2021

M/s Bhag​at Singh purchased a truck on 26‑12‑2009 and was served a summons under the Rajasthan Tax on Entry of Motor Vehicle into Local Areas Act, 1988 in July 2012. An assessment order was issued on 9‑Oct‑2012 levying entry tax, penalty and interest. The assessee appealed, arguing that the assessment was barred by the

RAMVEER UPADHYAY & ANR.versusSTATE OF U.P. & ANR.

2022 INSC 45520 April 2022Dismissed

Ramveer Upadhyay and others filed a Special Leave Petition challenging the Allahabad High Court’s order dismissing their application under Section 482 of the Criminal Procedure Code to quash criminal proceedings (Complaint No.19/2018) filed under IPC sections 365/511 and the SC/ST (Prevention of Atrocities) Act, 1989.

M/S FAIR COMMUNICATION AND CONSULTANTS & ANR.versusSURENDRA KERDILE

2020 INSC 5720 January 2020Dismissed

Surendra Kerdile, the maternal uncle, gave his nephew Sanjay a power of attorney to sell a flat. Two sale agreements were executed, one for Rs 2,30,000 on 03‑07‑1989 and a later one for Rs 1,30,000 on 30‑11‑1989. Surendra advanced Rs 80,000 to Sanjay for business expansion; Sanjay issued post‑dated cheques which were l

M/S TECH SHARP ENGINEERS PVT. LTD.versusSANGHVI MOVERS LIMITED

2022 INSC 98619 September 2022Appeal(s) allowed

The appellant, Tech Sharp Engineers, sought initiation of a Corporate Insolvency Resolution Process (CIRP) under Section 9 of the IBC against the respondent, Sanghvi Movers, for unpaid crane‑hire invoices dated 2012‑13. The respondent had earlier filed a winding‑up petition in the Madras High Court, which was pending w

M/S TRIMURTHI FRAGRANCES (P) LTD. THROUGH ITS DIRECTOR SHRI PRADEEP KUMAR AGRAWALversusGOVERNMENT OF N.C.T. OF DELHI THROUGH ITS PRINCIPAL SECRETARY (FINANCE) & ORS.

2022 INSC 97519 September 2022Disposed off

The appellant, Trimurthi Fragrances, challenged the levy of sales tax by Delhi, Uttar Pradesh and Tamil Nadu on pan masala containing tobacco and gutka, arguing that the product is covered by an entry in the First Schedule of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (ADE Act) and therefor

STATE OF RAJASTHAN & OTHERSversusO.P. GUPTA

2022 INSC 98019 September 2022Dismissed

O.P. Gupta was appointed in 1967 as Assistant Charge Man in the Rajasthan Agriculture Engineering Board, later transferred to the Rajasthan State Agro Industry Corporation, and resigned in 1977 to take up a post of Assistant Director (Agro‑Industries) in the Department of Industries after selection by the RPSC. Upon re

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATIONversusPOWER MECH PROJECTS LTD.

2022 INSC 98119 September 2022Dismissed

The appellant SEPCO Electric Power Construction Corp. obtained an arbitral award of Rs 142 crore in favour of the respondent Power Mech Projects Ltd. The appellant filed a Section 34 challenge and, on the same day, a Section 36(2) application for a stay of the award. The respondent subsequently filed a Section 9 applic

SECURITIES AND EXCHANGE BOARD OF INDIAversusABHIJIT RAJAN

2022 INSC 97919 September 2022Dismissed

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s order that exonerated Abhijit Rajan, former Chairman and Managing Director of Gammon Infrastructure Projects Ltd (GIPL), from liability for insider trading. The issue was whether the Board’s decision to terminate two

ILLOTH VALAPPIL AMBUNHI (D) BY LRS.versusKUNHAMBU KARANAVAN

2019 INSC 105819 September 2019Dismissed

Raman Aithan Ashari executed a deed of gift in favour of the Chuzhali Bhagavathi Dharmadeva Bhandaram, an idol, stating that possession of the property was delivered. The deed was not expressly accepted, but the High Court held that the recital of possession created a presumption of acceptance, placing the burden on th

UNION OF INDIA & ORS.versusEX. SEP. R. MUNUSAMY

2022 INSC 73119 July 2022Appeal(s) allowed

The appellant Union of India sought to set aside an Armed Forces Tribunal order that granted disability pension to ex‑sepoy R. Munusamy, who had been discharged in 1997 as an undesirable soldier under Army Rule 13(3) III(v) on administrative grounds. Munusamy later claimed a pension for a right partial seizure diagnose

THE STATE OF KERALAversusMAHESH

2021 INSC 19519 March 2021Appeal(s) allowed

The State of Kerala appealed against a Kerala High Court order that granted bail to Mahesh, who was accused of brutally murdering a young doctor in the presence of her father. The Sessions Court had denied bail, citing the seriousness of the offence, the risk of witness tampering, and the accused's prior absconding. Th

KRISHNAVENI RAIversusPANKAJ RAI & ANR.

2020 INSC 21119 February 2020Appeal(s) allowed

Krishnaveni Rai, the appellant, obtained a decree of divorce from her first husband in 2005 and filed an appeal against that decree almost a year after the limitation period, which was later condoned. While the appeal was pending, she married Pankaj Rai in December 2014. The respondent sought a declaration that this se

SECURITIES AND EXCHANGE BOARD OFversusUDAYANT MALHOUTRA

2020 INSC 64718 November 2020Disposed off

The case concerned an appeal by SEBI against an order of the Securities Appellate Tribunal that set aside an ex‑parte interim order passed by SEBI’s Whole Time Member directing the respondent, the CEO and MD of Dynamatic Technologies Ltd, to deposit Rs 3.83 crore in an escrow account. SEBI alleged that the respondent h

BRIJ RAJ OBEROIversusTHE SECRETARY, TOURISM AND CIVIL AVIATION DEPARTMENT & ANR.

2022 INSC 84518 August 2022Appeal(s) allowed

Brij Raj Oberoi leased the Norkhill Hotel from the State of Sikkim for 24 years under a deed that contained a renewal clause (clause 4(xiii)) requiring the lessee to give notice and, if the parties could not agree on the rent or period, to refer the dispute to arbitration. Oberoi offered renewal on 12 November 2020, bu

MADHAVversusSTATE OF MADHYA PRADESH

2021 INSC 41318 August 2021Leave Granted & Allowed

The case involved three accused (A‑1, A‑2 and A‑3) who were convicted under IPC s.302 read with s.34 for the murder of A‑1’s brother. The prosecution alleged that the trio attacked the victim with a knife and lathis and that A‑2, after the killing, sent a false police report naming two other persons (PWs 6 and 7) as th

UNION OF INDIA & ORS.versusBRIGADIER JAVED IQBAL

2022 INSC 58017 May 2022Dismissed

Brigadier Javed Iqbal, a Judge Advocate General officer classified as SHAPE‑2 (medical category P2) sought promotion to Major General (Additional Judge Advocate General). The No.1 Selection Board recommended his promotion, and the Chief of Defence Staff cleared it despite the officer’s medical condition. The Military S

GEETA MISHRAversusSIDHO KANHU MURMU UNIVERSITY & OTHERS

2021 INSC 73516 November 2021Dismissed

The appellant, wife of a deceased lecturer who had opted for the Contributory Provident Fund Scheme during his service, sought to exercise a "fresh option" under a university scheme introduced in 1998 that offered families a second chance to choose a retirement benefit scheme. The scheme's clause 5 provides that such a

K. P. NATARAJAN & ANR.versusMUTHALAMMAL & ORS.

2021 INSC 33716 July 2021Dismissed

The petitioners filed a suit for specific performance of a sale deed, naming a minor as the third defendant and seeking the appointment of a guardian under Order XXXII, Rule 3 of the CPC. The trial court passed an ex‑parte decree and allowed execution without properly appointing a guardian, later dismissing the respond

JHARKHAND URJA VIKAS NIGAM LIMITEDversusTHE STATE OF RAJASTHAN & ORS.

2021 INSC 89815 December 2021Appeal(s) allowed

Jharkhand Urja Vikas Nigam Ltd, the successor to Jharkhand State Electricity Board, entered into a contract with M/s Anamika Conductors Ltd for supply of conductors. The supplier, claiming payment, approached the Rajasthan Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act. The Council i

M/S S.S. ENGINEERSversusHINDUSTAN PETROLEUM CORPORATION LTD. & ORS.

2022 INSC 130915 July 2022Dismissed

M/S S.S. Engineers, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corporate Insolvency Resolution Process (CIRP) against Hindustan Petroleum Corporation Ltd.'s subsidiary, HPCL Biofuels Ltd (HBL). The National Company Law Tribunal (NCLT) admitted the

DR. ROHIT KUMARversusSECRETARY OFFICE OF LT. GOVERNOR OF DELHI & ORS.

2021 INSC 33615 July 2021Disposed off

Dr. Rohit Kumar, a government doctor in Delhi, cleared the INICET‑2020 exam and was allotted an MD seat at PGI Chandigarh. He applied for study leave, but a policy dated 20 Oct 2020, issued in view of the COVID‑19 pandemic, barred further study leaves for government doctors, leading to the rejection of his application

MASSIMILANO LATORRE AND OTHERSversusUNION OF INDIA AND OTHERS

2021 INSC 30615 June 2021Disposed off

In February 2012 two Indian fishermen were killed when Italian marines aboard the vessel M.V. Enrica Lexie opened fire. An FIR was lodged in Kerala and the marines were arrested, leading to criminal proceedings under sections 302, 307, 427 and 34 of the IPC and the 2002 Suppression of Unlawful Acts Act. The parties inv

ESSAR HOUSE PRIVATE LIMITEDversusARCELLOR MITTAL NIPPON STEEL INDIA LIMITED

2022 INSC 95714 September 2022Dismissed

Essar Steel deposited roughly Rs 35 crore and Rs 47 crore as refundable security deposits with Essar House Private and Essar Services respectively. After Essar Steel entered corporate insolvency resolution, the resolution applicant Arcelor Mittal Nippon Steel (Arcellor) sought repayment of those deposits and filed Sect

THE STATE OF TELANGANA & ANRversusB. SUBBA RAYUDU AND OTHERS

2022 INSC 95614 September 2022Dismissed

Following the bifurcation of Andhra Pradesh, the Ministry of Personnel allocated B. Subba Rayudu, a Joint Director (Class‑A) in the Animal Husbandry Department, to the residual State of Andhra Pradesh despite his exercise of the option to join Telangana, his seniority, and his spouse’s status as a local candidate of Te

KAVI ARORAversusSECURITIES & EXCHANGE BOARD OF INDIA

2022 INSC 95914 September 2022Dismissed

Kavi Arora, former MD and CEO of Religare Finvest Ltd., was served a Show Cause Notice by SEBI alleging diversion of funds. He petitioned the High Court seeking the documents relied upon by SEBI and a copy of the opinion formed under Rule 3 of the SEBI Adjudication Rules. SEBI refused to disclose certain documents, cla

ARCELOR MITTAL NIPPON STEEL INDIA LTD.versusESSAR BULK TERMINAL LTD.

2021 INSC 47814 September 2021Case Partly allowed

Arcelor Mittel Nipp​on Steel India Ltd. and Essar Bulk Terminal Ltd. entered into a cargo‑handling agreement containing an arbitration clause. The appellant invoked the clause, the respondent claimed the dispute was non‑arbitrable and filed Section 9 applications for interim relief in the Commercial Court. While the Hi

SRI NARENDRA KUMAR A. BALDOTAversusTHE STATE OF KARNATAKA

2022 INSC 30114 March 2022Appeal(s) allowed

The appellant, Chairman and Managing Director of M/s MSPL Ltd, imported an Aston Martin, paid customs duty and road tax, and later paid a differential motor vehicle tax after a demand notice. A FIR alleged that he conspired with a Regional Transport Officer to evade road tax, leading to criminal proceedings under the P

VINOD RAVJIBHAI RAJPUTversusSTATE OF GUJARAT & ORS.

2020 INSC 19114 February 2020Appeal(s) allowed

Vinod Ravjibhai Rajput was first appointed as a part‑time Gallery Attendant in 1995 and later as a full‑time attendant in July 2002. He was terminated in 2004 on a policy ground, reverted to part‑time, and again terminated in December 2012 for not meeting conditions of a 2007 government resolution. The Gujarat High Cou

MD MANNAN @ ABDUL MANNANversusSTATE OF BIHAR

2019 INSC 19614 February 2019

The petitioner, MD Mannan, was convicted of rape and murder of an eight‑year‑old girl and sentenced to death by the trial court, a decision affirmed by the High Court and the Supreme Court. He filed a review petition which was dismissed by circulation, but the Supreme Court reopened it following the Mohd Arif decision

STATE OF MAHARASHTRA & ORS.versusBALU S/O WAMAN PATOLE

2019 INSC 123513 November 2019Disposed off

The Commissioner of Police, Aurangabad, detained Balu under the Maharashtra Prevention of Dangerous Activities Act, 1981, and the order was approved by the State Government and confirmed by the Advisory Board. Balu challenged the detention before the High Court, which set aside the order on merits and also on the groun

RAMAN (DEAD) BY LRS.versusR. NATARAJAN

2022 INSC 95413 September 2022Appeal(s) allowed

The plaintiff filed a suit for specific performance of a 1993 agreement of sale of land, which was conditioned on the defendant first entering into an agreement with his brother's wife to purchase a parcel of her land for access. The trial court granted specific performance, the first appellate court reversed, and the

STATE OF HARYANAversusANGOORI DEVI & ANR.

2019 INSC 69313 June 2019Dismissed

The State of Haryana appealed against the High Court’s order acquitting Angoori Devi and others for the death of Babli, who died from burns within three and a half years of marriage. The prosecution alleged that the in‑laws demanded dowry and subjected the victim to cruelty, culminating in her being set on fire. The tr

PADMA MISHRAversusSTATE OF UTTARAKHAND & ANR.

2020 INSC 17913 February 2020Dismissed

The petitioner, Padma Mishra, challenged an FIR (No.179/2009) lodged under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986, alleging that she and others used threats, coercion and violence to silence witnesses and were involved in various IPC offences. She filed a writ

VIDARBHA INDUSTRIES POWER LIMITEDversusAXIS BANK LIMITED

2022 INSC 71012 July 2022Appeal(s) allowed

Vidarbha Industries Power Ltd., a power generating company, sought a stay of the Corporate Insolvency Resolution Process (CIRP) initiated by its financial creditor, Axis Bank Ltd., arguing that pending regulatory disputes and a favourable APTEL award of Rs.1,730 crore rendered the admission of the petition inappropriat

U.N. KRISHNAMURTHY (SINCE DECEASED) THR. LRS.versusA. M. KRISHNAMURTHY

2022 INSC 71412 July 2022Appeal(s) allowed

The appeal concerned a suit for specific performance of a sale agreement where the plaintiff had paid a small advance and was required to pay the balance by a stipulated date. The Supreme Court held that under Section 16(c) of the Specific Relief Act, 1963 the plaintiff must prove continuous readiness and willingness,

STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY & ORS.versusSEEMA SHARMA

2022 INSC 56012 May 2022Appeal(s) allowed

Seema Sharma was appointed as Librarian‑cum‑Museum Assistant in a Government Ayurvedic College in Madhya Pradesh under the Ayush Department in 1991 on the pay scale of Rs.950‑... After eight years of service she claimed the senior University Grants Commission (UGC) pay scale applicable to librarians under the Madhya Pr

STATE OF WEST BENGAL & ORS.versusDR. TONMOY MONDAL

2019 INSC 35212 March 2019Appeal(s) allowed

Dr. Tonmoy Mondal, a medical officer in West Bengal Health Services, applied for voluntary retirement under Rule 75(aaa) of the West Bengal Service Rules, 1971. The State declined his request on the ground of public interest, a decision later quashed by the West Bengal Administrative Tribunal. The High Court initially

THE STATE OF ODISHAversusBANABIHARI MOHAPATRA AND ANR.

2021 INSC 8512 February 2021Dismissed

The State of Odisha filed a Special Leave Petition challenging the acquittal of Banabihari Mohapatra and his son for the alleged murder of Bijay Kumar Tadu, whose body was found with electric shock injuries in the accused's shop. The prosecution relied on circumstantial evidence, including the deceased’s presence at th

KALLU KHANversusSTATE OF RAJASTHAN

2021 INSC 87311 December 2021Dismissed

The appellant Kallu Khan was apprehended while riding a motorcycle on a public road and, after a brief search, 900 grams of heroin (smack) was seized from beneath the seat of the vehicle. The trial court convicted him under Sections 8 and 21 of the NDPS Act, a decision affirmed by the High Court, which reduced the defa

SANDHYA PANTversusDEEPAK RUWALI & ORS.

2022 INSC 82311 August 2022Dismissed

The case concerns a dispute over the shebait (hereditary managerial) rights of the Chitai Golu Devta Temple in Almora. Respondent No.1 filed a public interest litigation seeking a court‑ordered trust or society to manage the temple. The Uttarakhand High Court disposed of the PIL without hearing the appellant, Sandhya P

WYETH LIMITED & ORS.versusSTATE OF BIHAR & ANR.

2022 INSC 131611 August 2022Appeal(s) allowed

The appellants, Wyeth Limited and others, challenged an FIR and charge‑sheet that were registered on the basis of a private complaint filed by the second respondent, a former carrying and forwarding agent. The complaint alleged commercial disputes over a warehousing agreement but, on a careful reading, did not disclose

NET RAM YADAVversusTHE STATE OF RAJASTHAN & ORS.

2022 INSC 82211 August 2022Appeal(s) allowed

The appellant, a physically disabled senior teacher appointed in 1993, was posted 550 km from his residence. After a 2000 circular directing that disabled employees be posted near their chosen place, he was transferred to his home district, but his state‑level seniority was later downgraded, affecting his promotion pro

VIKAS SINGHversusGOVT. OF NCT OF DELHI & ORS

2022 INSC 82411 August 2022Case Partly allowed

Vikas Singh, the owner of a residential plot in Delhi, obtained a building plan sanction in July 2013 for a 15‑metre structure including a stilt. After the Delhi Master Plan was amended in September 2013 to allow buildings up to 17.5 metres with stilt parking and to treat such structures as non‑high‑rise, Singh applied

NATIONAL HIGHWAYS AUTHORITY OF INDIAversusSRI P. NAGARAJU @ CHELUVAIAH & ANR

2022 INSC 68911 July 2022Case Partly allowed

The National Highways Authority of India (NHAI) challenged arbitral awards that enhanced compensation for land acquired under the National Highways Act, arguing that the arbitrator improperly relied on post‑acquisition guideline values and failed to give sufficient reasons, violating Sections 28(2) and 31(3) of the Arb

STATE OF BIHAR & ORS.versusMEERA TIWARY & ANR.

2019 INSC 69211 June 2019Dismissed

The husband of respondent No.1, a former Junior Engineer, was promoted ad hoc to Temporary Assistant Engineer and later regularly to Assistant Engineer before retiring in 1995; his post‑retirement benefits remained unpaid after his death in 2004. A writ petition in 2004 directed the authorities to fix and pay these ben

RAJENDRA DIWANversusPRADEEP KUMAR RANIBALA & ANR.

2019 INSC 135310 December 2019

The petitioners challenged the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provides a direct appeal to the Supreme Court from orders of the Rent Control Tribunal. The Court examined whether the State Legislature had competence to legislate on the jurisdiction of the Supreme Court. By ana

RAMABORA @ RAMABORAIAH & ANRversusSTATE OF KARNATAKA

2022 INSC 80910 August 2022Appeal(s) allowed

The appellants (A‑1 and A‑2) were convicted by the Karnataka High Court for murder under Section 302 IPC, overturning their acquittal by the Sessions Court, while the other 20 accused remained acquitted. The prosecution alleged that 22 persons formed an unlawful assembly, armed with deadly weapons, trespassed into the

KIRODI (SINCE DECEASED) THROUGH HIS LRversusRAM PARKASH & ORS.

2019 INSC 67410 May 2019Dismissed

The appellant filed a regular second appeal alleging that the appeal was decided without framing a substantial question of law, relying on decisions of the Punjab and Haryana High Court. The issue before the Supreme Court was whether, under Section 100 of the Code of Civil Procedure as amended by the 1976 Amendment Act

ELECTROSTEEL STEELS LIMITEDversusUNION OF INDIA AND ORS. ETC

2021 INSC 8599 December 2021Appeal(s) allowed

Electrosteel Steels Ltd. obtained environmental clearance (EC) and consent to establish a steel plant at a specified site in Bokaro, but later shifted the plant 5.3 km away, allegedly encroaching forest land. The Ministry of Environment and the Jharkhand State Pollution Control Board (JSPCB) revoked the EC, leading the

SUMAN CHADHA & ANR.versusCENTRAL BANK OF INDIA

2021 INSC 3869 August 2021Disposed off

The petitioners, directors of Parul Polymers Pvt. Ltd., obtained a conditional stay from the Delhi High Court on 8 April 2015, undertaking to deposit Rs 7 crore in three instalments by 30 June 2015. They later issued post‑dated cheques dated 6 May 2015, which bounced on 8 May 2015, and subsequently evaded court appeara

DEVADASSANversusTHE SECOND CLASS EXECUTIVE MAGISTRATE, RAMANATHAPURAM & ORS.

2022 INSC 2869 March 2022Dismissed

The appellant, Devadassan, was ordered by a Second Class Executive Magistrate to execute a bond under Sections 110 and 117 of the Code of Criminal Procedure (CrPC) to maintain good behaviour and peace. After the bond was executed, he was implicated in a murder case, thereby breaching the bond’s conditions. The magistra

MANDEEP KUMAR AND OTHERSversusU.T. CHANDIGARH & OTHERS

2022 INSC 2849 March 2022Dismissed

The appellants, candidates belonging to the OBC category, applied for Elementary Trained Teacher (ETT) posts and sought to fill 595 unfilled SC/ST reserved vacancies by invoking a state policy letter that allowed interchangeability between SC/ST and OBC categories. The State argued that Section 7 of the Punjab Schedule

DR. YASHWANTRAO BHASKARRAO DESHMUKHversusRAGHUNATH KISAN SAINDANE

2021 INSC 6478 October 2021Disposed off

The appellant, Dr. Yashwantrao Deshmukh, was sued for specific performance of a land sale agreement and the trial court partially decreed ex parte, granting monetary relief but denying specific performance. On appeal, the case was transferred to a district court where a fresh notice was published; the appellant did not

THE EMPLOYEES STATE INSURANCE CORPORATIONversusM/S TEXMO INDUSTRIES

2021 INSC 1678 March 2021Dismissed

The Employees State Insurance Corporation (ESIC) inspected Texmo Industries and found that the company had underpaid ESI contributions by including conveyance allowance in the wage base. Texmo contested, arguing that conveyance allowance is not "wages" under Section 2(22) of the Employees' State Insurance Act, 1948. Th

PUNJAB STATE ELECTRICITY BOARD AND ANOTHERversusTHANA SINGH AND OTHERS

2019 INSC 308 January 2019Appeal(s) allowed

The Punjab State Electricity Board (PSEB) classified Sub Fire Officers in Group XII but paid them a lower scale than Head Clerks, Head Clerk‑cum‑Divisional Accountants and Internal Auditors, also in Group XII. The Sub Fire Officers claimed parity of pay on the ground of discrimination under Article 14 and sought the sa

UNION OF INDIA AND OTHERSversusMETHU MEDA

2021 INSC 6236 October 2021Leave Granted & Allowed

Methu Meda, who had been provisionally selected as a Constable in the CISF, was denied training after a screening committee found him ineligible because his acquittal in a kidnapping case was not "honourable" but based on benefit of doubt and hostile witnesses. The appellant Union of India challenged the High Court ord

BHARATH BOOSHAN AGGARWALversusSTATE OF KERALA

2021 INSC 6216 October 2021Appeal(s) allowed

The appellant, a sandalwood oil manufacturer, was convicted under Section 27(1)(d) of the Kerala Forest Act for allegedly possessing forest produce illicitly removed from a reserved forest. The High Court upheld the conviction, treating the presumption under Section 69 as creating a reverse burden of proof on the accus

STATE TAX OFFICER (1)versusRAINBOW PAPERS LIMITED

2022 INSC 9276 September 2022Appeal(s) allowed

The State Tax Officer (appellant) claimed GST and CST dues of about Rs. 47.36 crore from Rainbow Papers Limited (respondent) during a corporate insolvency resolution process. The claim was filed after the deadline prescribed in the IBBI Regulations and was waived by the Resolution Professional, leading to the approval

K. PARAMASIVAMversusTHE KARUR VYSYA BANK LTD. & ANR.

2022 INSC 9266 September 2022Dismissed

The financial creditor, Karur Vysya Bank, advanced loans to three non‑corporate borrowers who defaulted. Maharaja Theme Parks and Resorts Private Limited (MTPR) had given corporate guarantees for those loans. The bank filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corpora

ABHIMANYU PARTAP SINGHversusNAMITA SEKHON & ANOTHER

2022 INSC 6626 July 2022Case Partly allowed

Abhimanyu Partap Singh, who suffered 100% permanent disability in a road accident at the age of five and a half, appealed against the compensation awarded by the Motor Accident Claims Tribunal (Rs 9,00,000) and the Punjab & Haryana High Court (Rs 23,20,000). The Supreme Court examined the appropriate method for assessi

M/S. MARTIN & HARRIS PRIVATE LIMITED & ANR.versusRAJENDRA MEHTA & ORS.

2022 INSC 6636 July 2022Dismissed

The suit for eviction and recovery of rent was filed in 2002 under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Old Act). The suit was decreed in 2016 and affirmed on appeal, but the parties remained in dispute over mesne profits during the stay of execution. The tenants argued that Section 20 of th

KARAN KAPOORversusMADHURI KUMAR

2022 INSC 6616 July 2022Appeal(s) allowed

The appellant, Karan Kapoor, was a tenant of a residential property owned by the respondent, Madhuri Kumar, under lease agreements from 2011 to 2014. After the lease expired, the appellant stopped paying rent and the respondent filed a suit for possession, rent, and mesne profits. The appellant claimed that subsequent

PUNJAB STATE POWER CORPORATION LIMITED & ORS.versusNIRVAL SINGH

2019 INSC 6326 May 2019Appeal(s) allowed

Nirval Singh applied for a compassionate appointment after his father's death, relying on a policy dated 21‑11‑2002 that was in force at the time of his application. The employer, Punjab State Power Corporation Ltd., suspended the policy pending a new one, which came into effect on 23‑11‑2004 and offered Singh a solati

CHHOTA AHIRWARversusTHE STATE OF MADHYA PRADESH

2020 INSC 1386 February 2020Appeal(s) allowed

The appellant and the main accused, who were related to the complainant, got into a quarrel over a land dispute on 22 October 1992. The main accused drew a pistol and fired, injuring the complainant, and the prosecution alleged that the appellant had instigated the shooting, seeking conviction under Section 307 read wi

KOTAK MAHINDRA BANK LIMITEDversusKEW PRECISION PARTS PRIVATE LIMITED & ORS.

2022 INSC 8005 August 2022Appeal(s) allowed

Kotak Mahindra Bank Ltd., a financial creditor, filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corporate Insolvency Resolution Process (CIRP) against Kew Precision Parts Pvt. Ltd. after the debtor defaulted on loans. The debtor had offered a one‑time settlement on 20 December

DENA BANK (NOW BANK OF BARODA)versusC. SHIVAKUMAR REDDY AND ANR.

2021 INSC 3804 August 2021Appeal(s) allowed

The appellant Bank (Dena Bank, now Bank of Baroda) filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) in 2018 to initiate a corporate insolvency resolution process against the corporate debtor, C. Shivakumar Reddy, after the debtor defaulted in 2013. The National Company Law Tribunal (NCLT) ad

CENTRAL BANK OF INDIAversusNITIN

2022 INSC 13133 August 2022Appeal(s) allowed

The father of the petitioner, a Special Assistant in Central Bank of India, retired prematurely on medical grounds in 2015. The petitioner applied for a compassionate appointment under the bank's Compassionate Appointment Scheme but concealed his concurrent employment with ICICI Bank. The bank's committee rejected his

SAKHARAM SINCE DECEASED THROUGH LRS & ANR.versusKISHANRAO

2022 INSC 13123 August 2022Appeal(s) allowed

Two sons of Tukaram filed a suit for declaration and possession of immovable property against two sons of Gangaram, with their mother as a proforma defendant. The suit was dismissed, but the first appeal reversed the decision in favor of the plaintiffs. The defendants filed a second appeal, during which the proforma de

INDEX MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTREversusTHE STATE OF MADHYA PRADESH & ORS.

2021 INSC 613 February 2021Appeal(s) allowed

The private medical colleges Index Medical College and others challenged Rule 12(8)(a) of the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018, which barred vacant seats arising from the mop‑up round from being included in college‑level counselling. The State argued the rule was needed to prevent manipulation and en

CENTRAL BANK OF INDIA & OTHERSversusDRAGENDRA SINGH JADON

2022 INSC 7822 August 2022Dismissed

The respondent, a former agricultural assistant of the Central Bank of India, was dismissed in 1982 on charges of impersonating his brother in a recruitment test. An industrial tribunal in 2008 held the dismissal unjustified and ordered reinstatement without back wages. The respondent filed a 2009 writ petition challen

DR. J. VIJAYAN & OTHERSversusTHE STATE OF KERALA & OTHERS

2022 INSC 7832 August 2022Dismissed

The appellants, teachers employed in colleges affiliated to the State of Kerala, sought enhancement of their retirement age to 65 years as prescribed in the University Grants Commission (UGC) Regulations, 2010, which Kerala had adopted but did not implement. They filed a writ petition in the Kerala High Court; both the

KARAN SINGHversusTHE STATE OF UTTAR PRADESH & ORS

2022 INSC 2532 March 2022Dismissed

The appellant Karan Singh was convicted along with five others for murder, attempted murder and criminal conspiracy arising from a dispute over a buffalo price that led to a shooting on 8 April 1980. The prosecution alleged that all six accused, armed with rifles and guns, opened fire, killing Brahmapal Singh and injur

JOSEversusJOHNSON

2020 INSC 2422 March 2020Appeal(s) allowed

The plaintiff filed a suit for a permanent prohibitory injunction claiming ownership and possession of a partitioned property, and the trial court decreed in his favour after answering issues of identity, ownership and possession. The defendant appealed, and the First Appellate Court set aside the decree, remanding the

SUNITA PALITA & OTHERSversusM/S PANCHAMI STONE QUARRY

2022 INSC 7751 August 2022Appeal(s) allowed

The petitioners, who were independent, non‑executive directors of MBL Infrastructure Ltd., were impleaded as accused in a complaint under Sections 138 and 141 of the Negotiable Instruments Act for the dishonour of an account‑payee cheque signed by the company’s managing director. They filed a criminal revision under Se

ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusTULIP STAR HOTELS LIMITED & ORS.

2022 INSC 7771 August 2022Appeal(s) allowed

The Supreme Court examined an appeal by Asset Reconstruction Company (India) Ltd., a financial creditor, against a NCLAT order that held a Section 7(2) IBC application against V. Hotels Ltd. was time‑barred. The Court clarified that the Limitation Act, 1963 applies to IBC applications and that the three‑year limitation

VASUDEVversusSTATE OF M.P.

2022 INSC 1351 February 2022Case Partly allowed

The police, acting on information that an absconding accused Rajesh Shukla was hiding in a village house, confronted him and his associate Vasudev Shukla. After Rajesh opened fire, the police retaliated and both accused eventually surrendered, surrendering a rifle and a 12‑bore double‑barrel gun. The trial court convic

INDIAN OIL CORPORATION LTD. THROUGH ITS SENIOR MANAGERversusM/S SHREE GANESH PETROLEUM RAJGURUNAGAR THROUGH ITS PROPRIETOR MR. LAXMAN DAGDU THITE

2022 INSC 1301 February 2022Appeal(s) allowed

Indian Oil Corporation Ltd. (IOCL) terminated its dealership agreement with Shree Ganesh Petroleum and the dispute over the lease of the land was referred to arbitration under the dealership agreement. The arbitrator, appointed by the Director (Marketing) of IOCL, increased the lease rent from Rs.1,750 to Rs.10,000 and

STATE OF KERALA & ANOTHERversusANIE LUKOSE

2022 INSC 1321 February 2022Dismissed

Anie Lukose retired as a selection‑grade lecturer on 31 July 2006 and her basic pension was initially fixed at Rs 8,907 in the pre‑revised pay scale. After a revision of the pay scale, the Accountant General fixed her pension at Rs 19,334 in the revised scale, relying on circulars G.O.(P) No. 211/2011 and G.O.(P) No. 2

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