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Supreme Court of India

INDU MALHOTRA

51 judgments delivered by benches including this judge.

M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITEDversusNORTHERN COAL FIELD LIMITED

2019 INSC 129227 November 2019Disposed off

The parties entered into a contract on 21‑12‑2010 that contained an arbitration clause. A dispute over payment and security deductions arose, and the contractor served a notice of arbitration on 09‑03‑2016, which the respondent ignored. The contractor then filed an application under Section 11 of the Arbitration and Co

VINOD KUMAR GARGversusSTATE (GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI)

2019 INSC 128727 November 2019Dismissed

Inspector Vinod Kumar Garg was convicted for demanding and accepting a bribe of Rs.500 from Nand Lal in exchange for facilitating an electricity connection to a shed, with the money recovered from his pant pocket during a police trap. The appellant appealed, alleging material contradictions in the testimonies of the co

PERKINS EASTMAN ARCHITECTS DPC & ANR.C (INDIA) LTD.versusHSCC (INDIA) LTD

2019 INSC 128526 November 2019

Perkins Eastman Architects DPC & Anr (applicants) entered into a design‑consultancy contract with HSCC (India) Ltd (respondent) that contained Clause 24 for dispute resolution by a sole arbitrator appointed by the Chairman and Managing Director (CMD) of HSCC. The applicants invoked arbitration on 28 June 2019; the resp

ANDHRA KESARI COLLEGE OF EDUCATION & ANRversusSTATE OF ANDHRA PRADESH & ORS.

2019 INSC 108125 September 2019Disposed off

The appellant, a Christian minority college, challenged three Government Orders (G.O.M. No. 57, 92 and 98) that prescribed criteria for determining minority status of B.Ed. candidates, mandated centralized counselling, and required vacant management‑quota seats to be filled by non‑minority students on merit. The colleg

STATE OF KERALA ETC.versusRAJESH ETC.

2020 INSC 8824 January 2020Appeal(s) allowed

The State of Kerala prosecuted several accused for possession of large quantities of hashish oil, a commercial quantity under the NDPS Act. The High Court granted post‑arrest bail to the accused without recording the mandatory findings required by Section 37 of the NDPS Act. The State appealed, arguing that bail could

PATEL ENGINEERING LTD.versusNORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO)

2020 INSC 40322 May 2020Dismissed

Patel Engineering Ltd. challenged three arbitral awards dated 29‑03‑2016 concerning payment for extra lead under a contract with North Eastern Electric Power Corporation Ltd. (NEEPCO). NEEPCO filed applications under Section 34 of the Arbitration and Conciliation Act, 1996; the Additional Deputy Commissioner upheld the

GR GREEN LIFE ENERGY PVT. LTD.versusLEITWIND SHRIRAM MANUFACTURING PVT. LTD.

2021 INSC 10722 February 2021Disposed off

The appellant contractor and respondent entered a development agreement for a wind‑farm project that contained an arbitration clause providing for a three‑member tribunal, each party appointing one arbitrator who would then select a presiding arbitrator. A dispute arose over payments; the respondent invoked arbitration

HYDROELECTRIC PROJECT AUTHORITY, BHUTANversusLARSEN & TOUBRO LTD.

2021 INSC 10822 February 2021Disposed off

The Punatsangchhu‑I Hydro‑electric Project contract between the Bhutan Hydro‑electric Authority and Larsen & Toubro contained an arbitration clause (Clause 67) that referred to the Indian Arbitration and Conciliation Act, 1996 in the absence of a Bhutanese arbitration law. After Bhutan enacted its Alternative Dispute R

TATE OF UTTARAKHAND & ORS.versusSMT. SURESHWATI

2021 INSC 3220 January 2021Appeal(s) allowed

The case concerned a claim by Smt. Sureshwati that her services as a clerk/assistant teacher in a private school turned government‑aided were illegally retrenched on 8 March 2006 without a disciplinary enquiry. The school contended that she had abandoned her post in July 1997 after marriage and had not been in continuo

G H M/S CEE CEE & CEE CEEversusK. DEVAMANI & ORS.

2019 INSC 140918 December 2019Appeal(s) allowed

The appellant, a holder of an F.L.-1 wholesale liquor licence, applied to shift its licensed shop from Mahe to Karaikal, another region of the Union Territory of Puducherry, under Rules 163 and 209 of the Puducherry Excise Rules. The Deputy Commissioners granted permission subject to two additional conditions, but a re

ANOKHILALversusSTATE OF MADHYA PRADESH

2019 INSC 139918 December 2019Disposed off

The appellant, Anokhilal, was convicted of kidnapping, rape and murder of a nine‑year‑old girl and sentenced to death along with several other terms of imprisonment. He was represented by an Amicus Curiae appointed by the Legal Services Authority on the same day that charges were framed, leaving the counsel no time to

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

MR. ANAND RAO KORADA RESOLUTION PROFESSIONALversusM/S. VARSHA FABRICS (P) LTD. & ORS.

2019 INSC 125918 November 2019Appeal(s) allowed

The case arose when the Odisha High Court ordered the auction of a large parcel of land belonging to Hirakud Industrial Works Ltd. (the corporate debtor) while a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) was pending before the National Company Law Tribunal (NCLT), which had already decl

STATE OF WEST BENGALversusINDRAJIT KUNDU & ORS.

2019 INSC 116418 October 2019Dismissed

The victim, a young painter, was taught English by the first respondent and developed a romantic relationship with him. On 5 March 2004 she visited his house to finalize a marriage proposal, where the parents of the first respondent (respondents 2 and 3) shouted at her, calling her a "call‑girl". Distressed, she return

S. P. MISRA & ORS.versusMOHD. LAIQUDDIN KHAN & ANR.

2019 INSC 116318 October 2019Dismissed

The appellants, legal heirs of the late partner Jai Narayan Misra, sought execution of a 1993 decree against the respondents, heirs of the late partner Hashmatunnisa Begum, arising from a partnership for real‑estate development in Paigah Compound. The decree restrained the respondents from developing a disputed portion

SAKETA VAKSANA LLP & ANR.versusKAUKUTLA SARALA & ORS.

2019 INSC 139017 December 2019Dismissed

The developer and landowners entered into an unregistered agreement of sale for 54 acres of agricultural land, with a clause stating that physical possession of the entire land was handed over to the developer at execution. Disputes arose over whether the developer actually possessed the 17.31‑acre suit portion and whe

G H DSGversusAKG

2019 INSC 137616 December 2019Disposed off

The mother, alleged to suffer from paranoid schizophrenia, filed a guardianship petition seeking custody of her minor daughter, while the father sought custody on grounds of the mother’s mental illness and alleged cruelty. The mother counter‑alleged that the father sexually abused the child. Three counsellors reported

MAHARAJA AGRASEN HOSPITAL & ORS.versusMASTER RISHABH SHARMA & ORS.

2019 INSC 137816 December 2019Disposed off

The case arose from a complaint by the mother of a pre‑term baby who became totally blind due to alleged failure to screen for Retinopathy of Prematurity (ROP). The National Consumer Disputes Redressal Commission held the hospital and three doctors negligent and awarded Rs. 64,00,000 in compensation. On appeal, the Sup

SMT. SUNITA TOKAS & ANR.versusNEW INDIA INSURANCE CO. LTD. & ANR.

2019 INSC 91216 August 2019Appeal(s) allowed

The parents of 21‑year‑old Pradeep Tokas filed a claim under Section 166 of the Motor Vehicles Act after he died as a pillion rider in a collision with a stationary truck. The Motor Accident Claims Tribunal (MACT) awarded compensation based on a notional monthly income of Rs 16,246, a multiplier of 15 derived from the

SUDIPTA CHAKROBARTY & ANR.versusRANAGHAT S.D. HOSPITAL & ORS.

2021 INSC 8915 February 2021Disposed off

The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) of issuing operative orders without accompanying reasons, which prejudiced the parties and violated their right to a fair hearing under Article 21 of the Constitution. In the present case, the NCDRC pronounced an oper

G H JASMEET KAURversusSTATE (NCT OF DELHI) & ANR.

2019 INSC 136112 December 2019Disposed off

The petitioner, a U.S. citizen, married a U.S. citizen husband and had two children who are U.S. citizens. After a visit to India, the petitioner refused to return to the United States with the children, prompting the husband to obtain custody orders in a Connecticut Superior Court and later file a habeas corpus petiti

STATE TRADING CORPORATION OF INDIA LTDversusM/S GLOBAL STEEL HOLDING LIMITED & ORS.

2019 INSC 35512 March 2019

The State Trading Corporation of India (STC) and Global Steel Holding Ltd (GSHIL) entered into settlement agreements in 2010 and 2012 under which GSHIL was to pay interest of Rs 600 crore at 8% p.a. by 28 February 2019. The amount was paid, and STC declared that all liabilities under the settlements were fully satisfie

RAJAversusSTATE BY THE INSPECTOR OF POLICE

2019 INSC 134610 December 2019Dismissed

The case involved seven accused of a dacoity during which five eye‑witnesses were seriously injured. All six of the accused (Nos.1‑6) were identified by the injured witnesses in a Test Identification Parade (TIP) and were convicted under Sections 394, 395, 396 and 449 of the IPC; accused No.7 was acquitted. On appeal,

PRITI SARAF & ANR.versusSTATE OF NCT OF DELHI & ANR.

2021 INSC 17710 March 2021Appeal(s) allowed

The appellants filed a criminal complaint alleging that the second respondent, a property owner, cheated them in a commercial transaction involving the sale of a mortgaged plot, breaching the agreement and misappropriating funds, leading to FIRs under Sections 420, 406 and 34 IPC. The Delhi High Court, invoking its inh

BHARAT SANCHAR NIGAM LTD. & ANR.versusM/S NORTEL NETWORKS INDIA PVT. LTD.

2021 INSC 17510 March 2021Appeal(s) allowed

The dispute arose when BSNL (appellant) withheld Rs.99.70 crore from Nortel (respondent) after completing a telecom tender. Nortel claimed the amount in May 2014, which BSNL rejected on 4 August 2014. After more than five years, Nortel invoked the arbitration clause on 29 April 2020 and sought appointment of an arbitra

SUMETI VIJversusM/S PARAMOUNT TECH FAB INDUSTRIES

2021 INSC 1729 March 2021Leave Granted & Dismissed

The appellant, Sumeti Vij, ordered non‑woven fabric from the respondent, received the goods and issued two cheques to pay the invoices. Both cheques were returned by the bank for insufficient funds; legal notices were served but the appellant neither responded nor paid within the statutory period, leading to two compla

HARI NIWAS GUPTAversusSTATE OF BIHAR AND ANOTHER

2019 INSC 12278 November 2019Dismissed

Three Bihar judicial officers were dismissed by a Full Court resolution that invoked clause (b) of the second proviso to Article 311(2) of the Constitution, dispensing with a departmental inquiry. The High Court had failed to record written reasons for dispensing with the inquiry, leading the Division Bench to set asid

VIDYA DEVIversusTHE STATE OF HIMACHAL PRADESH & ORS.

2020 INSC 238 January 2020Appeal(s) allowed

Vidya Devi, an illiterate widow, had her 3.34‑hectare land taken by the Himachal Pradesh State in 1967‑68 for a road without any acquisition proceeding or compensation. The State later initiated acquisition only for neighbouring owners, leaving her claim unaddressed. Vidya filed a writ petition seeking compensation; th

HARI KRISHNA MANDIR TRUSTversusSTATE OF MAHARASHTRA AND OTHERS

2020 INSC 4827 August 2020Appeal(s) allowed

The Hari Krishna Mandir Trust, holding Plot No.473‑B3 and an adjoining private road, sought correction of a Town Planning Scheme that erroneously recorded the road as owned by Pune Municipal Corporation (PMC). The High Court dismissed the trust's writ petition, holding that the land had vested in PMC under Section 88 o

ROJER MATHEWversusSOUTH INDIAN BANK LIMITED AND ORS

2018 INSC 4567 May 2018Directions issued

The Supreme Court, hearing Special Leave Petition (Civil) No. 15804 of 2017 (Rojer Mathew v. South Indian Bank Ltd.), examined the need to restructure India's tribunal system to ensure speedy, inexpensive, and accessible justice. Relying on earlier judgments (R.K. Jain, L. Chandra Kumar, Union of India v. R. Gandhi, Ma

M/S ORIENTAL KURIES LTD. REPRESENTED BY ITS CHAIRMAN P. D. JOSEversusLISSA & ORS.

2019 INSC 12116 November 2019Amount Awarded

The appeal concerned a chit fund operated by Oriental Kuries Ltd., where the respondents defaulted on twelve instalments. The lower courts had allowed recovery of the past instalments but barred recovery of future instalments, holding that a chitty agreement creates only a promise to pay, not a debt. The Supreme Court

STATE OF NCT OF DELHIversusSHIV CHARAN BANSAL & ORS.

2019 INSC 13215 December 2019Appeal(s) allowed

The Supreme Court examined the State’s appeal against the discharge of several accused in the murder of S.N. Gupta. The prosecution alleged a pre‑planned criminal conspiracy involving Shiv Charan Bansal, his son, and others, supported by call‑detail records, recovered weapon, ballistic reports and statements. The Court

JYOTHIR RversusSUNISHA N.S. & ORS.

2019 INSC 10095 September 2019Disposed off

The case concerned admission to the MBBS programme in Kerala under the sports quota. The appellant, a candidate who had applied under the individual sports category, sought a writ directing the Sports Council to shift another candidate from the individual to the team list, which would have raised the appellant’s rank.

SRI MAHABIR PROSAD CHOUDHARYversusM/S. OCTAVIUS TEA AND INDUSTRIES LTD. AND ANR.

2018 INSC 11454 December 2018Dismissed

The appellant, an accountant, was dismissed by the respondent company and the dispute was referred to the Fifth Industrial Tribunal under the West Bengal Industrial Disputes Rules, 1958. The workman appeared before the Tribunal while the company did not; the workman filed a written statement but the Tribunal failed to

RAJNESHversusNEHA & ANR.

2020 INSC 6314 November 2020Disposed off

The husband appealed against a Family Court order granting interim maintenance of Rs 15,000 per month to his wife and Rs 10,000 per month to his son under Section 125 of the Cr.P.C., which was affirmed by the Bombay High Court. The Supreme Court upheld the lower courts' orders, directed the husband to pay the full arre

THE STATE OF ARUNACHAL PRADESHversusRAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR.

2019 INSC 11264 October 2019Appeal(s) allowed

The State of Arunachal Pradesh appealed against a Gauhati High Court order that road‑traffic offences must be dealt with solely under the Motor Vehicles Act, 1988 and that prosecution under the Indian Penal Code (IPC) was without legal sanction. The Supreme Court examined whether the special Motor Vehicles Act override

HARI SANKARANversusUNION OF INDIA & OTHERS

2019 INSC 6914 June 2019Dismissed

The Central Government, alleging mismanagement and public‑interest prejudice in IL&FS and its group companies, obtained an order from the National Company Law Tribunal (NCLT) suspending the existing board and appointing a new one under Sections 241 and 242 of the Companies Act. Subsequently, the Government applied unde

ROHAN VIRANI & ORS.versusSTATE OF MAHARASHTRA & ORS.

2019 INSC 9852 September 2019Disposed off

The Supreme Court examined whether Jamnalal Bajaj Institute of Management Studies (JBIMS), a department of the University of Mumbai, retained its autonomous status for the 2019‑2020 academic year despite the expiry of its five‑year autonomy and a pending extension application. The Court considered whether the Universit

THE STATE OF JAMMU AND KASHMIR AND ORS.versusFARID AHMAD TAK

2019 INSC 6172 May 2019Directions issued

The respondent, a Junior Engineer in the Jammu and Kashmir Power Development Department, was compulsorily retired under Article 226(2) of the Jammu and Kashmir Civil Service Regulations after a vigilance FIR alleged bribery and a sanction for prosecution was granted. The respondent challenged the retirement in a writ p

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.versusM/S NAVIGANT TECHNOLOGIES PVT. LTD.

2021 INSC 1402 March 2021Appeal(s) allowed

The appellant, Dakshin Haryana Bijli Vitran Nigam Ltd., terminated a service level agreement with the respondent, Navigant Technologies Pvt. Ltd., leading to arbitration. The three‑member tribunal orally pronounced a majority award on 27‑04‑2018, but the dissenting arbitrator issued a separate opinion and the signed co

MURALI ALIAS DHANANJAYANversusSTATE OF KERALA

2021 INSC 1392 March 2021Appeal(s) allowed

The appellant owned 30.1 acres of land in Survey No. 166 that was acquired in 1981 for a railway line under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs.454 per are for wet land and Rs.2,137 per are for dry land, which the

SHRI SATISH KUMAR & ANR.versusTHE STATE OF HIMACHAL PRADESH & ANR.

2020 INSC 2512 March 2020Appeal(s) allowed

The case concerned the murder of Ratti Ram, for which Satish Kumar and Rajeev Kumar were convicted under IPC s.302 r/w s.34 and under Sections 25 and 27 of the Arms Act. The trial court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt, particularly because the dead body

PARMINDER SINGHversusNEW INDIA ASSURANCE CO. LTD. & ORS.

2019 INSC 7041 July 2019Appeal(s) allowed

The appellant, a driver, was severely injured and permanently disabled in a 2009 road accident caused by two trucks whose drivers lacked valid licences. He filed a claim before the Motor Accident Claims Tribunal (MACT) which awarded compensation based on a notional monthly income of Rs 6,000. The High Court enhanced th

DILAWARversusTHE STATE OF HARYANA & ANR.

2018 INSC 4371 May 2018Disposed off

The petitioner, Dilawar, was arrested for alleged participation in mob violence, arson and looting of a cabinet minister's house. His bail applications were rejected by the Sessions Court and the High Court, and the Supreme Court directed that the trial be concluded within six months. The Central Bureau of Investigatio

M/S. CHITRALEKHA BUILDERS & ANR. THROUGH ANIL G. SHAH POWER OF ATTORNEY & HUSBAND OF THE PARTNERversusEMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LTD. & ANR.

2021 INSC 1301 March 2021Disposed off

The dispute concerned a 5,082‑square‑yard land in Mulund, where the original suit (No. 1335/1988) was settled by two consent decrees dated 16‑Feb‑2005 and 03‑Oct‑2005 between the Vaity family, the housing society and other parties. M/S Chitralekha Builders and its partners were impleaded only later and were not signato

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