RENUKA BAI @ RINKU @ RATAN AND ANR.versusSTATE OF MAHARASHTRA
2006 INSC 57031 August 2006
The appellants, two sisters, were convicted of a series of kidnappings and murders of children between 1990 and 1996, based largely on the testimony of an approver who had been granted pardon under CrPC s.306. The trial court sentenced them to death under IPC s.302 read with s.120B, a sentence affirmed by the High Cour…
YAKUB ISMAILBHAI PATELversusSTATE OF GUJARAT
2004 INSC 48931 August 2004Dismissed
The appellant Yakub Ismailbhai Patel was convicted under Section 302 read with Section 34 of the IPC for the murder of Nizamuddin. The prosecution relied primarily on the testimony of a single eye‑witness (PW‑2) who identified the accused, supported by a second witness (PW‑1), forensic evidence of a blood‑stained weapo…
STATE OF MADHYA PRADESHversusJIYALAL
2009 INSC 97731 July 2009Disposed off
The State of Madhya Pradesh appealed after a Special Judge convicted Jiyalal under Sections 7 and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988. The High Court set aside the conviction, holding that the sanction order from the District Magistrate was given mechanically, lacked reasons, and was not proved becau…
CHAIRMAN, STATE BANK OF INDIA AND ANR.versusALL ORISSA STATE BANK OFFICERS ASSOCIATION & ANR.
2003 INSC 35831 July 2003Case Allowed
The State Bank of India (SBI) challenged a High Court order that directed it to grant an unrecognised minority union, the All Orissa State Bank Officers Association, rights under Rule 24 of the 1994 Verification Rules to discuss individual grievances with the employer. The Supreme Court held that there is no common‑law…
MADAN MOHAN RAJGARHIAversusM/S. MAHENDRA R. SHAH & BROS. AND ANR.
2003 INSC 34931 July 2003Dismissed
Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration clause printed on the e…
STATE OF U.P.versusALLIED CONSTRUCTIONS
2003 INSC 35031 July 2003Disposed off
The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a force‑majeure provision covering…
HON'BLE SHRI RANGANATH MISHRAversusUNION OF INDIA AND ORS.
2003 INSC 35131 July 2003Disposed off
The petitioner, a former Supreme Court judge, wrote a letter to the Chief Justice seeking directions for the State to educate citizens about their fundamental duties, and the letter was treated as a writ petition under Article 32. The Court appointed Shri K. Parasaran as amicus curiae and considered the recommendations…
STATE OF ORISSAversusLOCHAN NAYAK (DEAD) BY LRS.
2003 INSC 35231 July 2003Appeal(s) allowed
The respondents were originally allotted land under the Orissa Land Reforms Act, 1960, but the allotment was cancelled by the Divisional Commissioner in 1984 on procedural grounds. The respondents challenged this cancellation in the Orissa High Court in 1986, which remanded the matter for fresh consideration; the reven…
STATE OF ORISSAversusNITYANAND SATPATHY AND ORS.
2003 INSC 35331 July 2003Appeal(s) allowed
The State of Orissa challenged the validity of a settlement made in 1964 by the Deputy Collector in favour of the sons of the late intermediary Manindra Chandra Sinha over a tract of non‑agricultural (Anabadi) land in Badagaon, Puri. The land had vested in the State under the Orissa Estates Abolition Act, 1953, and the…
DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR
2003 INSC 35431 July 2003Dismissed
The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section 86(1) of the Representat…
GOAN REAL ESTATE & CONSTRUCTION LTD. & ANR.versusUNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT & ORS.
2010 INSC 18631 March 2010Case Partly allowed
The petitioners, owners of land near the Zuari River in Goa, obtained permission to construct a hotel and residential complex after the Coastal Regulation Zone (CRZ) Notification was amended in 1994 to relax the no‑development zone from 100 metres to 50 metres from the high tide line. The amendment was later struck dow…
M/S MARUTI CLEAN COAL & POWERS LTD.versusALOK NIGAM & ANR.
2010 INSC 18431 March 2010Case Partly allowed
M/s Maruti Clean Coal & Power Ltd. obtained a 99‑year lease from the Chhattisgarh government to set up a 10 MT/Y coal washery. South Eastern Coal Field Ltd. (SECL) later claimed title to the land and, despite the petitioner having constructed the plant and obtained all necessary approvals, refused to supply coal or iss…
SANJAY DUTTversusSTATE OF MAHARASHTRA TR. CBI, BOMBAY
2009 INSC 42531 March 2009Dismissed
The petitioner, a well‑known cine artist, was convicted by a Special Judge under Sections 3 and 7 read with Sections 25(1A) and 25(1B) of the Arms Act and sentenced to six years’ rigorous imprisonment. While his appeal against the conviction was pending before the Supreme Court, he sought bail and filed several crimina…
DESHRAJversusBODHRAJ
2007 INSC 121230 November 2007
In the 2003 Himachal Pradesh Legislative Assembly election for the SC‑reserved 35‑Gangath constituency, the respondent Bodh Raj was declared elected, claiming membership of the Scheduled Caste Lohar and supporting it with a caste certificate issued by an Executive Magistrate. The appellant Deshraj challenged the electi…
ANTONYSAMIversusARULANANDAM PILLAI (D) BY LRS. AND ANR.
2001 INSC 53930 October 2001Dismissed
The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until 1973. An execution peti…
PAREENA SWARUPversusUNION OF INDIA
2008 INSC 110530 September 2008Disposed off
Pareena Swarup filed a public interest writ under Article 32 challenging sections of the Prevention of Money Laundering Act, 2002 and its 2007 appointment rules, alleging that the selection of members and chairpersons of the Adjudicating Authorities and Appellate Tribunal by a committee headed by the Revenue Secretary …
SIDHARTH ETC. ETC.versusSTATE OF BIHAR
2005 INSC 46230 September 2005
The State of Bihar prosecuted three accused—Amit Das, Sidharth and Rohan Prakash—for the murder of a student named Abhishek, alleging a conspiracy in which Amit Das shot the victim with a country‑made pistol supplied by Sidharth. Amit Das made a detailed confession before a Judicial Magistrate (recorded under Section 1…
D.D.A.versusRAJENDRA SINGH & ORS.
2009 INSC 97330 July 2009Disposed off
The Delhi High Court entertained two public‑interest writ petitions filed in 2007 that challenged the construction of the Commonwealth Games Village (CGV) on the basis that it would damage the Yamuna riverbed and floodplain. The petitioners sought a stay of construction and the formation of a monitoring committee, whil…
PRATIBHA NEMA AND ORS.versusSTATE OF M.P. AND ORS.
2003 INSC 34430 July 2003Dismissed
The State of Madhya Pradesh, acting on an industrial policy, notified the acquisition of 73.3 hectares of private land for the establishment of a "diamond park" and later issued a declaration under Section 6 of the Land Acquisition Act. The land was to be allotted to private companies, notably B. Arun Kumar Internation…
SAHDEO AND ORS.versusSTATE OF U.P.
2004 INSC 33130 April 2004Disposed off
The case arose from a violent incident on 12 January 2000 in which a group of accused intercepted a bus, entered it armed with firearms and indiscriminately shot eight passengers, later chasing two survivors to a house where they were also killed. The trial court convicted five of the accused under Section 302 read wit…
STATE OF U.P.versusRAM BAHADUR SINGH AND ORS.
2003 INSC 58029 October 2003Dismissed
The case arose from a property dispute that culminated in a shooting on 6 December 1974, resulting in the death of Onkar Nath Singh. The trial court convicted four accused under IPC 302, with three also charged under section 34. On appeal, the Allahabad High Court acquitted the accused, finding serious infirmities: eye…
STATE OF PUNJABversusJOGINDER SINGH AND ANR.
2003 INSC 58229 October 2003Disposed off
The State of Punjab appealed the High Court's acquittal of Joginder Singh and Nachhattar Singh for the death of Makhan Singh. The incident occurred on 20 April 1992 when Joginder Singh demanded Rs.100 from Makhan, who could not pay, and subsequently pressed his neck, causing death, as confirmed by a post‑mortem showing…
STATE OF RAJASTHANversusTEG BAHADUR AND ORS.
2004 INSC 56029 September 2004Dismissed
The State of Rajasthan appealed against the Rajasthan High Court’s acquittal of Teg Bahadur and others, who were charged under Sections 498A, 304B and 201 IPC for the death of Suman within seven years of marriage. The prosecution alleged dowry demand and harassment leading to her death, but many witnesses turned hostil…
ARUN GARGversusSTATE OF PUNJAB AND ANR.
2004 INSC 56129 September 2004Case Partly allowed
Arun Garg was convicted for the dowry death of his wife Seema, who died within three years of marriage after alleged repeated dowry demands and harassment, culminating in her poisoning with aluminium phosphide. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.2,000; the High Court conf…
ANURAG PATELversusU.P. PUBLIC SERVICE COMMISSION AND ORS.
2004 INSC 56429 September 2004Dismissed
In 1990 the Uttar Pradesh Public Service Commission conducted a combined State Services/Upper Subordinate Services examination for 358 posts, of which 57 were reserved for Backward Classes. The Commission allocated reserved‑category candidates to posts without giving due consideration to their inter‑se merit, resulting…
KARNAIL SINGHversusSTATE OF HARYANA
2009 INSC 95829 July 2009Reference answered
The Supreme Court examined two criminal appeals arising from convictions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where police officers had acted on prior information without first recording it in writing or sending a copy to their superior as required by Section 42. Conflicting precedents – Abdu…
RAMDAS ATHAWALEversusUNION OF INDIA AND ORS.
2010 INSC 17729 March 2010Dismissed
Ramdas Athawale, a Lok Sabha member, filed a writ petition under Article 32 challenging the validity of the Lok Sabha's resumption on 29 January 2004, arguing that the President’s special address under Article 87 was required because it was the first session of the year. The Court held that the December 2003 session wa…
GOVT. OF NCT OF DELHI & OTHERSversusALL INDIA YOUNG LAWYERS ASSOCIATION (REGO.) & ANOTHER
2009 INSC 8529 January 2009Case Partly allowed
The Government of NCT of Delhi appealed against a Delhi High Court order that directed the insertion of Rule 26(B) in the Delhi Higher Judicial Service Rules, 1970, granting a weightage of up to fifteen years of Bar practice for computing pension and other retiral benefits of direct recruits. The petitioners argued tha…
UNION OF INDIAversusMADHUSUDAN PRASAD
2003 INSC 57028 October 2003Dismissed
Madhusudan Prasad, a Safai Karamchari of the CRPF, failed to report for duty after his leave expired, was treated as a deserter, arrested and sentenced to 15 days rigorous imprisonment, and was subsequently dismissed without any enquiry or show‑cause notice. The appellate authority set aside the dismissal, ordered his …
GURMEET SINGHversusSTATE OF U.P.
2005 INSC 45328 September 2005Dismissed
Gurmeet Singh was convicted of murdering thirteen members of his own family in a moonlit night, using swords, after a dispute over his newly‑married wife and a co‑accused. The trial court sentenced him to death under Section 302 IPC, a sentence confirmed by the Allahabad High Court despite a split decision among its ju…
HARDEEP SINGH SOHAL ETC.versusSTATE OF PUNJAB THROUGH CBI
2004 INSC 55728 September 2004Appeal(s) allowed
The appellants, doctors Hardeep Singh Sohal and Surinder Singh Sandhu, were convicted for the murder of Dr. Megh Raj Goel based largely on a confession recorded from the alleged conspirator Balwinder Singh under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and extra‑judicial confessions…
SUCHITA SRIVASTAVA & ANR.versusCHANDIGARH ADMINISTRATION
2009 INSC 108628 August 2009Disposed off
The case concerned a 19‑20‑year‑old woman with mild to moderate mental retardation, an orphan residing in a government welfare home, who became pregnant around the 19th week of gestation after an alleged rape. The Chandigarh Administration sought the High Court’s approval to terminate the pregnancy, invoking the Medica…
N.D.M.C. & ORS.versusMIS TANVI TRADING & CREDIT PVT. LTD. & ORS.
2008 INSC 98628 August 2008Appeal(s) allowed
The respondents sought sanction for a two‑and‑a‑half‑storey building with 15 dwelling units on a plot in the Lutyens' Bungalow Zone (LBZ) of Delhi. The New Delhi Municipal Council (NDMC) rejected the plans, citing violation of LBZ guidelines dated 8 February 1988 issued by the Ministry of Urban Development. The High Co…
S. KHUSHBOOversusKANNIAMMAL AND ANR.
2010 INSC 24728 April 2010Appeal(s) allowed
The actress S. Khushboo made remarks in a 2005 news‑magazine survey endorsing societal acceptance of premarital sex and live‑in relationships. Several members of the PMK political party filed criminal complaints alleging defamation, obscenity, indecent representation of women and incitement under the IPC and the Indece…
T.N. GODAVARMAN THIRUMULPAD .versusUNION OF INDIA & ORS.
2008 INSC 41628 March 2008IA disposed
The Supreme Court examined the methodology for compensating diversion of forest land for non‑forest developmental projects under the Environment Protection Act, 1986. It accepted the recommendations of the Central Empowered Committee (CEC) that the user agency must pay a Net Present Value (NPV) based on ecological clas…
HINDALCO INDUSTRIES LTD.versusUNION OF INDIA AND ORS.
2003 INSC 67727 November 2003Dismissed
Hindalco Industries Ltd, a public limited company engaged in bauxite mining, was ordered by the Divisional Forest Officer to stop mining in forest land and to submit maps and records. The company declared a lay‑off on 31 July 1993 and closed the mine on 19 August 1993. It applied for permission to close the undertaking…
P.K. SHAJI @ THAMMANAM SHAJIversusSTATE OF KERALA
2005 INSC 53427 October 2005Dismissed
The appellant, P.K. Shaji, was charged under Sections 120B and 307 IPC and was granted bail by the Sessions Court with specific conditions, including reporting to the investigating officer on designated days and seeking magistrate’s permission before entering the sessions division. The bail order directed that any brea…
BABUBHAI ODHAVJI PATEL, ETC. ETC.versusSTATE OF GUJARAT
2005 INSC 53527 October 2005Dismissed
The appellant, owner of a tanker lorry, was stopped by police on routine patrol at 5:30 a.m. and a search revealed over 5 kg of opium concealed in the vehicle. He was convicted under Section 17 of the NDPS Act. On appeal, he challenged the validity of the search under Sections 42 and 50 of the NDPS Act, alleged tamperi…
KANWAR PAL SINGH GILLversusSTATE (ADMN., U.T. CHANDIGARH) THRO SECRETARY AND ANR.
2005 INSC 31627 July 2005Appeal(s) allowed
In 1988, a senior police officer allegedly slapped the posterior of a female officer at a dinner party, an act reported to senior officials but not acted upon. The victim and her husband later filed a criminal complaint before the Chief Judicial Magistrate alleging offences under Sections 341, 342, 352, 354, 355 and 50…
VINOD KUMARversusTHE COMMISSIONER AND ORS.
2004 INSC 31827 April 2004Dismissed
The Supreme Court examined whether the 23 November 1989 judgment, which granted title and possession of 64 bighas of land to respondents Vinod Kumar and others, constituted a decree that made them tenure‑holders under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The State of U.P. and Meerut Devel…
COMMISSIONER OF CUSTOMS & CENTRAL EXCISEversusM/S. HONGO INDIA (P) LTD. & ANR.
2009 INSC 41427 March 2009Dismissed
The Commissioner of Customs & Central Excise filed a reference application under Section 35H(1) of the unamended Central Excise Act, 1944, seeking the High Court’s direction to refer a question of law to the Appellate Tribunal, but the application was filed after the statutory period of 180 days. The High Court dismiss…
AKHILESH KUMAR SINGHversusSTATE OF U.P. TH. DGC(CRL.) & ANR.
2008 INSC 25927 February 2008Disposed off
Akhilesh Kumar Singh was charged with murder, robbery and criminal conspiracy and his trial was pending before a Sessions Court. His first bail application was rejected on 18 October 2002, but a second bail application filed on 29 October 2002 was granted on 7 November 2002. The State appealed, and the Allahabad High C…
THE GOVERNMENT OF ANDHRA PRADESHversusP. BHASKAR AND ORS.
2008 INSC 26727 February 2008Disposed off
The Andhra Pradesh Government filled 12 Deputy Collector vacancies reserved for Scheduled Tribes by a limited direct recruitment after a dearth of promotable ST candidates. The Public Service Commission conducted a combined advertisement for general and limited recruitment, but the Tribunal ordered a separate examinati…
AU. KURESHIversusHIGH COURT OF GUJARAT & ANR.
2009 INSC 7927 January 2009Appeal(s) allowed
The appellant, a civil judge of the Gujarat Judicial Service, was accused of misconduct for acquitting an accused and returning seized money, leading to a departmental inquiry and a recommendation for dismissal by the High Court's Disciplinary Committee. The High Court then recommended the dismissal to the State Govern…
MEDICAL COUNCIL OF INDIAversusMANAS RANJAN BEHERA & ORS.
2009 INSC 119926 October 2009Disposed off
The Medical Council of India (MCI) appealed against a Division Bench of the Orissa High Court that had ordered admission of twelve students to medical courses after the statutory cut‑off date of 30 September. The Supreme Court had previously directed that the time‑schedule in the MCI Regulations must be strictly adhere…
AMARINDER SINGHversusSPECIAL COMMITIEE, PUNJAB VIDHAN ,SABHA & OTHERS
2010 INSC 24026 April 2010Disposed off
Captain Amarinder Singh, former Chief Minister of Punjab, was expelled from the Punjab Vidhan Sabha for the remainder of its 13th term after a Special Committee found him involved in an alleged illegal exemption of land during his tenure as Chief Minister in the 12th term. The appellant challenged the expulsion, arguin…
RAMESH CHANDER SINGHversusHIGH COURT OF ALLAHABAD AND ANR
2007 INSC 20726 February 2007Disposed off
The appellant, an Additional District & Sessions Judge, granted bail to an under‑trial accused in a murder case after considering factors such as the filing of the charge‑sheet, the accused's ill father, and lack of prior convictions. A complaint was filed alleging the judge had taken illegal gratification for the bail…
MANOJ RAMESH MEHTAversusSTATE OF MAHARASHTRA
2008 INSC 133825 November 2008Dismissed
Manoj Ramesh Mehta, accused No. 42 in the Telgi stamp counterfeiting case, was charged under IPC sections 120(8), 255, 34, 109 and MCOCA sections 3(1)(ii), 3(2), 3(5) and 4. He applied for bail, arguing that his role was limited to legitimate business transactions and was merely peripheral. The High Court rejected the …
IN RE: CRL. INTIMIDATION OF CAT MEMBERversus*
2009 INSC 107225 August 2009Disposed off
A Judicial Member of the Central Administrative Tribunal (CAT), Shri B.V. Rao, was staying in a state‑run guest house when senior police officials, led by Inspector General Nirmala Choudhary, forcibly entered his room, abused and intimidated him, and seized his documents. An FIR was lodged under Sections 143, 144, 146,…
BATHUSINGH AND ORS.versusSTATE OF M.P.
2004 INSC 47325 August 2004Dismissed
The appellants Bathusingh, Nar Singh, Bhal Singh and others were charged with the murder of Dhan Singh and Bhuru, based on the testimony of three eye‑witnesses and corroborating medical evidence showing multiple stab wounds and fractures. The accused pleaded self‑defence, alleging that their crops were set on fire and …
STATE OF PUNJABversusSAWARAN SINGH
2005 INSC 30825 July 2005Disposed off
The appellant State of Punjab proved that the accused, Swaran Singh, was apprehended on 17 May 1992 with a plastic bag containing approximately 5 kg of opium; a 10‑gram sample was taken, sealed and sent for forensic analysis, and the chain of custody was testified to by PW‑1 and PW‑4. The accused was examined under Sec…
UNION OF INDIA ETC. ETC.versusNATIONAL HYDROELECTRIC POWER CORPN. LTD. AND ORS. ETC. ETC.
2001 INSC 31125 July 2001Dismissed
The Union of India sought to levy a cess on the National Hydroelectric Power Corporation under the Water (Prevention and Control of Pollution) Cess Act, 1977. Hydro‑electric plants were not originally listed in Schedule I, and a notification (GSR 377(E), 16 April 1993) was issued to add them. The respondents challenged…
KUNGA NIMA LEPCHA & ORS.versusSTATE OF SIKKIM & ORS.
2010 INSC 16625 March 2010Dismissed
Four members of a political party filed a public‑interest writ petition under Article 32 of the Constitution alleging that the Chief Minister of Sikkim had amassed assets disproportionate to his known income and misappropriated public funds. They sought a mandamus directing the Central Bureau of Investigation to launch…
SIEL FOODS & FERTILIZERS INDUSTRIESversusUNION OF INDIA & ORS.
2010 INSC 16825 March 2010Dismissed
The Supreme Court reviewed petitions filed by polluting industries that had been ordered to surrender portions of their land for green belts after relocation from Delhi. The petitioners argued that the Delhi Development Authority (ODA) must acquire the surrendered land under Section 15 of the Delhi Development Authorit…
M/S. SOUTHERN ISPAT LTD.versusSTATE OF KERALA AND ORS.
2004 INSC 21125 March 2004Dismissed
The State of Kerala announced a policy exempting industrial units from enhanced power tariff if they began commercial production between 1 January 1992 and 31 December 1996. Southern Ispat Ltd. applied for power allocation, faced delays, installed a 125 kVA diesel generator and claimed it had started commercial product…
CONSUMER EDUCATION & RESEARCH SOCIETYversusUNION OF INDIA & ORS.
2009 INSC 106524 August 2009Dismissed
The Consumer Education & Research Society filed writ petitions under Article 32 challenging the Parliament (Prevention of Disqualification) Amendment Act, 2006, which retrospectively added 55 offices of profit to the exempted list under the Parliament (Prevention of Disqualification) Act, 1959. The petitioners argued t…
PRAKASH KUMAR @ PRAKASH BHUTTOversusSTATE OF GUJARAT
2007 INSC 45724 April 2007Appeal(s) allowed
The appellant, Prakash Kumar (also known as Prakash Bhutto), was convicted under IPC sections 120B, 342 and 365 for kidnapping, confinement and conspiracy based solely on the confession of a co‑accused recorded under the TADA Act. The Supreme Court held that a co‑accused's confession is a fragile piece of evidence and …
ABDUL VAHAB ABDULMAJID SHAIKH AND ORS.versusSTATE OF GUJARAT
2007 INSC 45824 April 2007Dismissed
The accused were convicted under the Terrorist and Disruptive Activities (Prevention) Act for kidnapping an industrialist and extorting a Rs 1 crore ransom. The conviction rested primarily on a detailed confessional statement recorded by the DCP from co‑accused A‑12, which was later retracted. The appellants argued tha…
ABDUL VAHAB ABDUL MAJID SHAIKH AND ORS.versusSTA TE OF GUJARAT
2007 INSC 45924 April 2007Dismissed
The case concerned the abduction of businessman Jayendra Mahendra Tripathi in January 1994, for which a ransom was demanded. A co‑accused, A‑9, gave a detailed confession to the police under Section 15 of the TADA Act, which was later retracted. The Supreme Court held that the confession was recorded in compliance with…
D.ANURADHAversusJOINT SECRETARY AND ANR.
2006 INSC 23924 April 2006Dismissed
The appellant, D. Anuradha, challenged the preventive detention of her husband under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging procedural violations. She contended that the reference to the COFEPOSA Advisory Board was made after the statutory five‑we…
FOOD CORPORATION OF INDIA AND ORS.versusBHANU LODH AND ORS.
2005 INSC 10424 February 2005Case Allowed
The Food Corporation of India (FCI) issued advertisements for direct recruitment to Joint Manager and Deputy Manager posts. The Central Government, invoking Section 6(2) of the Food Corporation Act, 1964, issued directives prohibiting creation of new posts, filling vacancies by fresh recruitment and revising service co…
MANGU KHAN AND ORS.versusSTATE OF RAJASTHAN
2005 INSC 10524 February 2005Dismissed
The appellants Mangu Khan, Sirdar Khan and Subedar Khan attacked an informant, his father and brother over a dispute concerning a bund, using lathis, farsi and tanchia. The father and brother were killed on the spot while the informant sustained injuries. The trial court convicted all five accused under Sections 148, 3…
T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2007 INSC 117723 November 2007Disposed off
Vedanta Aluminium Ltd (formerly Vedanta Alumina Ltd) sought judicial clearance to divert 58.943 hectares of reserve forest land in the ecologically sensitive Niyamgiri Hills of Orissa for a one‑million‑tonne alumina refinery. The project required mining of bauxite from the hills, which are a wildlife corridor, a water …
COMPETENT AUTHORITYversusBARANGORE JUTE FACTORY AND ORS.
2005 INSC 58523 November 2005Dismissed
The Supreme Court examined a Central Government notification under Section 3A of the National Highways Act, 1956 that sought to acquire land for a highway. The petitioners argued that the notification failed to give a brief description of the land and lacked a plan, rendering it invalid. The Court held that the notific…
B. CHANDRASEKHAR REDDY (D) BY LRS.versusSTATE OF ANDHRA PRADESH
2003 INSC 25223 April 2003Dismissed
The father of the appellants filed declarations under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, which resulted in the family being allotted one standard holding and the excess land being declared surplus. After the father's death, the daughters invoked Section 29‑A of the Hindu Succe…
UNION OF INDIA AND ORS.versusGURNAM SINGH
2004 INSC 20523 March 2004Leave Granted & Disposed off
The Supreme Court examined whether the General Court‑Martial of Major Gurnam Singh was convened in violation of Rule 37(1) and 37(3) of the Army Rules, 1954. The respondent argued that the officer who convened the court‑martial had not personally satisfied himself that the charges were offences under the Army Act and t…
GOVT. OF A.P. AND ANR.versusJ.B. EDUCATIONAL SOCIETY AND ANR. ETC.
2005 INSC 9923 February 2005Appeal(s) allowed
Private educational societies sought to establish engineering colleges in Andhra Pradesh. They obtained approval from the All India Council for Technical Education (AICTE) but were denied permission under Section 20 of the Andhra Pradesh Education Act, 1982 because the State deemed the local area already saturated. The…
GHAZIABAD DEVELOPMENT AUTHORITYversusANOOP SINGH AND ANR.
2003 INSC 3023 January 2003Case Partly allowed
The Ghaziabad Development Authority acquired about 6,200 sq. yards of land in 1964‑67. The original award fixed the market value at Rs 2 per sq. yard; claimants sought reference and claimed Rs 20 per sq. yard, later amended to Rs 100 per sq. yard under the CPC. The Reference Court awarded Rs 40 per sq. yard with 15% so…
MIS. HINDUSTAN ANTIBIOTICS LTD. ETC.versusMIS. PARENTERAL DRUGS (INDIA) PVT. LTD. ETC.
2000 INSC 53822 November 2000Disposed off
The case arose from a writ petition before the Madhya Pradesh High Court alleging arbitrariness in the award of a contract for the purchase of intravenous fluids, where the appellant, Hindustan Antibiotics Ltd., was accused of supplying sub‑standard fluids containing fungus. The High Court, upon finding letters indicat…
SAHITI AND OTHERSversusTHE CHANCELLOR, DR. N.T.R. UNIVERSITY OF HEALTH SCIENCES AND OTHERS,
2008 INSC 120322 October 2008Disposed off
In the 2006 MBBS first‑year examination, 992 candidates failed and 436 applied for re‑totalling of marks. After complaints of improper evaluation, the Vice‑Chancellor of N.T.R. University of Health Sciences ordered a re‑verification of answer scripts through a three‑member committee, resulting in 294 candidates being d…
PRITAM SINGHversusUNION OF INDIA AND ORS.
2004 INSC 53922 September 2004Leave Granted & Allowed
The appellant, a Head Clerk with 31 years of commendable service in the Northern Railways, supplied an "absentee" statement to a co‑worker who was litigating against the Railways. The Railway disciplinary authority treated this act as a serious misconduct, held the appellant guilty of leaking official documents, and im…
GOVERNMENT OF INDIAversusG. LIMBADRI RAO AND ORS.
2004 INSC 54022 September 2004Leave Granted & Allowed
The Government of Andhra Pradesh issued a letter on 25 October 2001 calling for proposals for the IAS (Appointment by Selection) for the year 2002, but mistakenly wrote "2001" in the subject line. The first respondent, G. Limbadri Rao, argued that the typo meant the eligibility year was 2001, and since he had not turne…
CENTRAL BANK OF INDIA AND ORS.versusMADAN CHANDRA BRAHMA AND ANR.
2007 INSC 85622 August 2007Appeal(s) allowed
Madan Chandra Brahma was appointed temporarily in Gauhati Bank in 1969 and later promoted to officer. After successive mergers, he became an officer of Central Bank of India in 1990. He claimed retirement at age 60, invoking clause 1.2 of Regulation 19 of the Central Bank of India (Officers) Service Regulations, 1979, …
CONFEDERATION OF EX-SERVICEMEN ASSOCIATIONS AND ORS.versusUNION OF INDIA AND ORS.
2006 INSC 53322 August 2006Case Partly allowed
The Confederation of Ex‑Servicemen Associations filed a writ petition under Article 32 seeking free and full medical aid for ex‑defence personnel, their families and dependents, arguing that such aid is a fundamental right under Articles 14 and 21. The Union of India responded that the Ex‑Servicemen Contributory Health…
JAYENDRA SARASWATI SWAMIGAL @ SUBRAMANIAMversusSTATE OF TAMIL NADU
2008 INSC 85222 July 2008Case Allowed
The appellant, an accused in a criminal case registered in Tamil Nadu, obtained a transfer of the case to the Principal District and Sessions Court in Pondicherry under Section 406 of the CrPC, alleging bias by the Tamil Nadu prosecution. After transfer, the Tamil Nadu government appointed a Special Public Prosecutor a…
GUNTAIAH AND ORS.versusHAMBAMMA AND ORS.
2005 INSC 30622 July 2005Appeal(s) allowed
The Supreme Court examined whether land granted to Scheduled Caste and Scheduled Tribe beneficiaries under Rule 43‑J of the Mysore Land Revenue (Amendment) Rules, 1960 could be subject to a 15‑year restriction on alienation, even though the rule itself does not expressly provide such a condition. The Court held that Ru…
M/S. HARIDAS EXPORTSversusALL INDIA FLOAT GLASS MFRS. ASSOCIATION AND ORS.
2002 INSC 30622 July 2002Disposed off
The All India Float Glass Manufacturers Association complained that Indonesian exporters were selling float glass in India at predatory prices, alleging a restrictive trade practice under the Monopolies and Restrictive Trade Practices (MRTP) Act. The MRTP Commission issued an interim injunction restraining the exporter…
VIRENDER SINGH AND ORS.versusUNION OF INDIA
2003 INSC 25122 April 2003Appeal(s) allowed
The petitioners, Virender Singh and others, challenged the compensation awarded for land acquired in 1959 under the Land Acquisition Act, 1894, arguing that the market value should be higher than the Rs.10,000 per Bigha fixed by the Reference Court and affirmed by the Delhi High Court. The High Court had relied on sale…
STATE OF HARYANA AND ORS.versusJAGDISH
2010 INSC 15922 March 2010Dismissed
Jagdish, a Class‑3 life convict sentenced in 1999, applied for premature release after serving more than ten years. The High Court ordered his case to be considered under the remission policy dated 04‑02‑1993, rejecting the newer short‑sentencing policy of 13‑08‑2008. The State appealed, arguing that the later policy, …
MOHD. ASLAM @ BHUREversusSTATE OF U.P. AND ORS.
2007 INSC 33022 March 2007Dismissed
Following the demolition of the Babri Masjid, two criminal cases (197/92 and 198/92) were registered and investigated by the CBI. The Uttar Pradesh Government, after consulting the Allahabad High Court, established a Special Court at Lucknow via a notification dated 9 September 1993, but later issued an amendment on 8 …
MAHMADHUSEN ABDULRAHIM KALOTA SHAIKHversusUNION OF INDIA & ORS.
2008 INSC 119721 October 2008Disposed off
The Supreme Court examined the constitutionality of sections 2(3) and 2(5) of the Prevention of Terrorism (Repeal) Act, 2004, which allow a Review Committee to deem cases registered under the repealed POTA as withdrawn when it finds no prima facie case. The petitioners (relatives of Godhra‑train victims) argued that th…
GURU NANAK DEV UNIVERSITYversusSANJAY KUMAR KATWAL & ANR.
2008 INSC 120021 October 2008Disposed off
Guru Nanak Dev University admitted Sanjay Kumar Katwal to its three‑year LLB professional programme after he cleared a common entrance test, relying on his M.A. (English) obtained from Annamalai University through the Open University System (distance education). The University later cancelled his admission, contending …
RAJIV RANJAN SINGH 'LALAN' AND ANR.versusUNION OF INDIA AND ORS.
2006 INSC 52721 August 2006Appeal(s) allowed
The Supreme Court heard writ petitions filed as public‑interest litigation by two MPs alleging that former Bihar Chief Ministers Lalu Prasad Yadav and Rabri Devi had unduly influenced the transfer of an Income‑Tax Appellate Tribunal member, the appointment of a Special CBI Judge, and the change of public prosecutors in…
SAIBANNAversusSTATE OF KARNATAKA
2005 INSC 22221 April 2005Dismissed
Saibanna, already serving a life sentence for murdering his first wife, was released on parole and subsequently murdered his second wife Nagamma and their 16‑year‑old daughter Vijayalakshmi with a hunting knife while they slept. He was convicted under Section 302 IPC and sentenced to death by the Sessions Court, which …
MANORANJAN DASversusSTATE OF JHARKHAND
2004 INSC 30221 April 2004Appeal(s) allowed
Manoranjan Das, a businessman, introduced Loknath Acharya to a bank for opening a current account. Acharya later presented forged demand drafts and withdrew money, leading the bank to discover the fraud and file a police complaint against Acharya, Das and a bank employee under Sections 420 and 109 of the Indian Penal C…
T.T. HANEEFAversusSTATE OF KERALA
2004 INSC 30321 April 2004Dismissed
The appellant, T.T. Haneefa, was arrested on a public road after police, acting on prior information, suspected him of carrying narcotic drugs. He was informed of his right under Section 50 of the NDPS Act to be searched in the presence of a magistrate or gazetted officer and he declined that option. A search was then …
S. JEEVANANTHAMversusTHE STATE THROUGH INSPECTOR OF POLICE, TN
2004 INSC 30421 April 2004Dismissed
The appellants, Muniyandi and Jeevanantham, were convicted under Sections 8(c) and 20(b)(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of hashish. The investigating officer, a police inspector, received information about drug sales, conducted a search, recovered the narcotic, prepared th…
SOM MITTALversusGOVERNMENT OF KARNATAKA
2008 INSC 22621 February 2008Reference answered
The appellant, Managing Director of M/s Hewlett Packard Global Soft Ltd., was the subject of a complaint under section 200 CrPC for alleged violation of the Karnataka Shops & Commercial Establishments Act, 1961. He sought quashal of the complaint and the FIR under section 482 of the Code of Criminal Procedure, but the …
T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.
2008 INSC 22721 February 2008Disposed off
The Supreme Court entertained an interlocutory application concerning the constitution of a Central Empowered Committee (CEC) under Section 3(3) of the Environment Protection Act, 1986. After considering submissions of the Solicitor General and an Amicus Curiae, the Court specified the composition of the CEC, naming a …
UNION PUBLIC SERVICE COMMISSIONversusDR. JAMUNA KURUP & ORS.
2008 INSC 22821 February 2008Dismissed
The Municipal Corporation of Delhi (MCD) appointed 37 medical officers on short‑term contracts while awaiting UPSC recruitment for regular posts. UPSC’s advertisement for the posts allowed age relaxation for "employees of Municipal Corporation of Delhi" but the Commission argued that this term referred only to permanen…
DR. ANIL BAJAJversusPOST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH AND ANR.
2002 INSC 3621 January 2002Dismissed
Dr. Anil Bajaj, a faculty member of the Post Graduate Institute of Medical Education and Research, was granted permission to take up an assignment abroad on the condition that he would resume duty within two years, a condition that required an undertaking which he did not furnish. An office order stipulated that failur…
BASHEER@N.P. BASHEETversusSTATE OF KERALA
2004 INSC 29520 April 2004Dismissed
The appellant was caught selling brown sugar on 23 February 2000; a police search of his shirt pocket yielded six small packets containing 1.2 g of the narcotic. He was convicted under section 21 of the NDPS Act and sentenced to ten years’ imprisonment and a fine. On appeal, he argued that the small quantity should be …
PALITANA SUGAR MILLS PVT. LTD. & ANR.versusSMT. VILASINIBEN RAMACHANDRAN AND ORS.
2007 INSC 31920 March 2007Disposed off
Palitana Sugar Mills Pvt. Ltd. filed a contempt petition against the State Government of Gujarat and its officers for refusing to implement the Supreme Court's 15 October 2004 order granting non‑agricultural (residential) permission over certain government lands. The petitioners alleged that the respondents deliberatel…
RADHA MOHAN SINGH @ LAL SAHEB AND ORS.versusSTATE OF U.P.
2006 INSC 3820 January 2006Disposed off
The case concerned the murder of Hira Singh during a Holi celebration in Ballia, Uttar Pradesh, where five accused assaulted him and others. The trial court convicted all five under Sections 302 and 149 of the IPC, imposing life imprisonment, while the High Court affirmed the convictions. On special leave, the Supreme …
STATE OF M.P. THROUGH C.B.I. ETC.versusPALTAN MALLAH AND ORS. ETC.
2005 INSC 4620 January 2005Dismissed
The State of Madhya Pradesh, represented by the CBI, appealed against the High Court's acquittal of nine accused, including Paltan Mallah, for the murder of trade‑union leader Shankar Guha Niyogi. The trial court had convicted them under Section 302 read with Section 120B IPC based on circumstantial evidence, but the H…
TAMIL NADU COMPUTER SCIENCE, B.ED. GRADUATE TEACHERS WELFARE SOCIETYversusHIGHER SECONDARY SCHOOL COMPUTER TEACHERS ASSOCIATION & ORS.
2009 INSC 124719 November 2009Disposed off
The Supreme Court clarified its earlier judgment in Civil Appeal No. 4187 of 2009 concerning the special recruitment of computer instructors in Tamil Nadu schools. It held that the State Government may conduct an examination for candidates scoring 35%–49% and declare those scoring above 50% as eligible for appointment,…
GURPREET SINGHversusUNION OF INDIA
2006 INSC 71219 October 2006Reference answered
Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule of appropriation (Or…
STATE OF KARNATAKAversusBHASKAR KUSHALI KOTHARKAR AND ORS.
2004 INSC 45819 August 2004Appeal(s) allowed
The State of Karnataka appealed against the Karnataka High Court's acquittal of four accused who had been convicted by a Sessions Court for murder and related offences under Sections 304 Part II, 149, 324, 148 and 143 of the IPC. The High Court set aside the conviction on the sole ground that the investigating officer …
A.A. GOPALAKRISHNANversusCOCHIN DEVASWOM BOARD AND ORS.
2007 INSC 76419 July 2007Appeal(s) allowed
The land of Survey No. 1042/2, belonging to the Karikkode Sastha and Vishnu Temple managed by the Cochin Devaswom Board, was alleged to be encroached upon by respondents 3 and 4. The High Court directed the Board to take possession and allowed the encroachers to sue for title, which they did, later entering into a comp…
PRITHVI (MINOR)versusMAM RAJ AND ORS.
2004 INSC 12119 February 2004Appeal(s) allowed
The case arose from a night-time assault in which four accused attacked the household of Hansraj, killing three persons and severely injuring a 13‑year‑old boy, Prithvi, who was the key eyewitness. The trial court convicted the accused under IPC sections 302, 307 and 460 and sentenced them to death and life imprisonmen…
AVTAR SINGH HITversusDELHI SIKH GURDWARA MANAGEMENT COMMITTEE AND ORS
2006 INSC 70718 October 2006Dismissed
The Delhi Sikh Gurdwara Management Committee held elections for its Executive Board on 19 December 2005, but the petitioner claimed confusion over the meeting date prevented his participation. He filed writ petitions under Article 226 of the Constitution challenging the validity of the election, while the newly elected…
JITENDRA AND ANR.versusSTATE OF M.P.
2003 INSC 49418 September 2003Appeal(s) allowed
The appellants Jitendra and Sheela were arrested after police searched a scooter and a house, seizing charas and ganja. The prosecution relied on police testimony and a panchanama, but the seized drugs were never produced in court, the investigating officer was not examined, and key witnesses turned hostile. The High C…
VINOD K. CHAWLAversusU.O.I. AND ORS.
2006 INSC 52118 August 2006Dismissed
The Supreme Court examined the validity of a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Vinod K. Chawla, who was alleged to have evaded customs duty by under‑invoicing electronic imports and remitting proceeds thr…
P. NARAYANAPPA AND ANR.versusSTATE OF KARNATAKA AND ORS.
2006 INSC 51518 August 2006Dismissed
The Supreme Court examined the validity of a preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Board Act, 1966, which proposed to acquire 110.30 acres of land for industrial development, later reduced to 106 acres by a notification under Section 28(4). The landowners challenged …
RAJESH KUMAR DARIAversusRAJASTHAN PUBLIC SERVICE COMMISSION AND ORS.
2007 INSC 76118 July 2007Case Partly allowed
The Rajasthan Public Service Commission (RPSC) conducted the Rajasthan Judicial Service examination for Munsiff‑Magistrate posts and selected candidates, reserving 20% of vacancies for women category‑wise as a horizontal reservation under Rule 9(3) of the Rajasthan Judicial Service Rules. Several male candidates, inclu…
UNION OF INDIA AND ANR.versusA.K.NARULA
2007 INSC 63118 May 2007Appeal(s) allowed
The respondent, an Assistant Commandant in the CRPF, sought promotion to Second‑in‑Command on the ground that his service record was similar to that of a colleague, R.S. Virk, who had been promoted after his Confidential Report (CR) for one year was upgraded from 'good' to 'very good' by the Departmental Promotion Comm…
C.C. ALAVI HAJIversusPALAPETTY MUHAMMED AND ANR
2007 INSC 62818 May 2007Dismissed
The appellant Alavi Haji filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the respondent Palapetty Muhammed had failed to pay a dishonoured cheque. The complaint stated that a notice was sent by registered post but was returned with an endorsement that the addressee was abroad, withou…
STATE OF PUNJAB & ANR.versusJALOUR SINGH & ORS.
2008 INSC 6618 January 2008Case Allowed
The heirs of a deceased woman filed a claim for motor accident compensation, which was awarded Rs.1,44,000 by the Motor Accident Claims Tribunal. Dissatisfied, they appealed to the Punjab & Haryana High Court, which referred the matter to a Lok Adalat. The Lok Adalat, without the parties' consent or any settlement, enh…
DAYANAND RAYU MANDREKARversusCHANDRAKANT UTTAM CHODANKAR & ORS.
2007 INSC 6318 January 2007Dismissed
Two members elected to the Goa Legislative Assembly were challenged on the ground that, at the time of filing their nomination papers, they held the offices of Chairman of the Goa Khadi and Village Industries Board and Chairman of the Goa State Scheduled Castes and Other Backward Classes Finance & Development Corporati…
RAHUL AGARWALversusRAKESH JAIN AND ANR.
2005 INSC 3618 January 2005Disposed off
The appellant, Rahul Agarwal, filed a criminal complaint against Rakesh Jain arising from a land dispute, alleging offences under IPC sections 341, 294 and 506(2) read with 34. After the trial was posted for examination of the accused, the Assistant Public Prosecutor applied for withdrawal of the prosecution under Sect…
KAILASH VERMAversusPUNJAB STATE CIVIL SUPPLIES CORPORATION AND ANR.
2005 INSC 3718 January 2005Appeal(s) allowed
Kailash Verma, a partner in a rice mill, was charged under IPC sections 406 and 428 for alleged non‑delivery of paddy to the Punjab State Civil Supplies Corporation. He obtained discharge from the Chief Judicial Magistrate on the ground that he was a sleeping partner. The corporation challenged the discharge in a revis…
GANESH SANTA RAM SIRURversusSTATE BANK OF INDIA AND ANR.
2004 INSC 65117 November 2004Dismissed
The appellant, a former bank manager, was found guilty of sanctioning a loan to his wife in violation of SBI supervisory staff rules and was initially punished with a one‑stage salary reduction. He appealed the order, but the appeal was filed after the statutory period; the appellate authority nonetheless considered it…
REGISTRAR, HIGH COURT OF GUJARAT AND ANR.versusC.G. SHARMA
2004 INSC 65517 November 2004Appeal(s) allowed
C.G. Sharma was appointed as a Civil Judge on a two‑year probation under the Gujarat Judicial Service Recruitment Rules, 1961. His probation was extended twice and he was terminated for alleged unsatisfactory performance and integrity concerns. Sharma argued that the expiry of the probation period meant automatic confi…
B.S. SHARMAversusSTATE OF HARYANA AND ANR.
2000 INSC 53317 November 2000Dismissed
The petitioner, a judicial officer of the Haryana Judicial Service, was transferred by the High Court in 1997 to serve as Presiding Officer of an Industrial Tribunal‑cum‑Labour Court. He argued that, under Section 7‑C of the Industrial Disputes Act, 1947, he could remain in that post until the age of 67, even though th…
YASH AHUJA AND OTHERSversusMEDICAL COUNCIL OF INDIA & ORS.
2009 INSC 114617 September 2009Dismissed
The petitioners, Indian citizens who obtained MBBS degrees from Manipal College of Medical Sciences, Pokhara (recognised under the Indian Medical Council Act, 1956), were denied permanent registration by the Medical Council of India (MCI) because they had not passed the screening test mandated by the Act. They challeng…
RULI RAM AND ANR.versusSTATE OF HARYANA
2002 INSC 39217 September 2002Appeal(s) allowed
The case concerned the killing of two children during a panchayat election in Haryana, allegedly by the accused Ruli Ram and his son Ramesh as retaliation for the victims' family refusing to vote for their candidate. The trial court convicted them under Section 304 Part‑II IPC and sentenced them to ten years' rigorous …
C.B.IversusPRADEEP BHALCHANDRA SAWANT AND ANR.
2007 INSC 83917 August 2007Dismissed
The Central Bureau of Investigation appealed against the High Court's order granting bail to Deputy Commissioner of Police Pradeep Bhalchandra Sawant, who was arrested in the stamp‑paper scam and charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly facilitating the organised crime by delib…
M/S. SOMAIYA ORGANICS (INDIA) LTD.versusSTATE OF UTT AR PRADESH AND ANR.
2001 INSC 21117 April 2001Case Partly allowed
The appellant, Mis. Somaiya Organics (India) Ltd., manufactured industrial alcohol and was initially exempt from a vend fee under the U.P. Excise Act, 1910. The exemption was withdrawn in 1979 and the company filed writ petitions; the High Court ordered it to give a bank guarantee and/or deposit amounts in a separate a…
ECONOMIC TRANSPORT ORGANIZATIONversusM/S. CHARAN SPINNING MILLS (P) LTD. AND ANR
2010 INSC 10317 February 2010Dismissed
The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a Letter of Subrogatio…
STATE OF WEST BENGAL & ORS.versusTHE COMMITTEE FOR PROTECTION OF DEMOCRATIC RIGHTS, WEST BENGAL & ORS
2010 INSC 10417 February 2010Disposed off
The Supreme Court examined whether a High Court, exercising its jurisdiction under Article 226, could direct the Central Bureau of Investigation (CBI) to investigate a cognizable offence that occurred within a State's territory without the State's consent, in light of the Delhi Special Police Establishment Act, 1946 (S…
BERGER PAINTS INDIA LTD.versusCOMMISSIONER OF INCOME TAX, CALCUTTA
2004 INSC 11917 February 2004Appeal(s) allowed
Berger Paints India Ltd. claimed deductions under Section 43B of the Income Tax Act for customs and excise duties actually paid and for duties included in the valuation of its closing stock for the assessment years 1984-85, 1986-87 and 1987-88. While the Assessing Officer allowed the deduction for 1984-85, the Commissi…
CHANDER PAL @ RAJ PALversusSTATE OF HARYANA
2003 INSC 55716 October 2003Disposed off
On 11 July 1996, a group of about ten to twelve men attacked Mann Singh and Surinder Singh in Ballabhgarh, Haryana, and later assaulted Megh Shyam, who was shot by Surinder Singh and later died. The trial court convicted seven accused under section 302 read with section 149 IPC for murder, and the High Court upheld the…
MD. MUNNAversusUNION OF INDIA AND ORS.
2005 INSC 42216 September 2005Dismissed
The petitioner Md. Munna, convicted of murder and sentenced to imprisonment for life, filed a writ petition under Article 32 seeking a writ of habeas corpus, claiming that having served more than 21 years he should be released, contending that life imprisonment is equivalent to a term of 20 years under the West Bengal …
PANKAJ GUPTA AND ORS. ETC.versusSTATE OF JAMMU AND KASHMIR AND ORS.
2004 INSC 52516 September 2004Leave Granted & Disposed off
The appellants, appointed as Class IV employees in Jammu & Kashmir in 1997, challenged the legality of their appointments, arguing that they were made following a government decision to improve rural representation and were recommended by legislators. The respondents contended that the appointments were illegal because…
SURENDRA PAL SHIVBALAKPALversusSTATE OF GUJARAT
2004 INSC 52616 September 2004Disposed off
Surendra Pal Shivbalakpal, a migrant labourer, was accused of kidnapping, raping and murdering a minor girl named Savitri (Sanju). The prosecution relied on eyewitness testimony that the accused was seen carrying a child at night, forensic analysis showing blood and semen stains on his clothing, and the recovery of the…
BALBIR KAUR & ANR.versusU.P. SECONDARY EDUCATION SERVICES SELECTION BOARD, ALLAHABAD & ORS.
2008 INSC 69116 May 2008Appeal(s) allowed
The Supreme Court examined the selection of principals for intermediate colleges under the U.P. Secondary Education Selection Board Act, 1982 and the 1998 Rules. The petitioners challenged the advertisements on six grounds, including the validity of counting lecturer or head‑master experience as qualifying experience, …
S. MOHANversusCENTRAL BUREAU OF INVESTIGATION
2008 INSC 69316 May 2008Appeal(s) allowed
The case concerned the purchase of CANCIGO units worth Rs 33 crore by broker Hiten P. Dalal on behalf of Canbank Financial Services Ltd. (CANFINA) and the alleged involvement of senior CANFINA officials S. Mohan and others. The prosecution alleged that the units, issued in the names of Andhra Bank and its financial ser…
PRAKASH SINGH TEJIversusNORTHERN INDIA GOODS TRANSP. CO. LTD. & ANR.
2009 INSC 53716 April 2009Appeal(s) allowed
The appellant, a Delhi Higher Judicial Service officer, dismissed a 1984 suit for recovery on 19‑December‑2005 after the plaintiff failed to produce evidence. On appeal, the Delhi High Court remanded the case and, in its order dated 6 July 2006, made adverse remarks about the appellant’s conduct, directing that the ord…
MANZAR SAYEED KHAN & ANR.versusSTATE OF MAHARASHTRA & ANR.
2009 INSC 53416 April 2009Disposed off
Manzar Sayeed Khan, the publisher of the book "Shivaji: Hindu King in Islamic India", and Vinod Hansraj Goyal, the printer, filed criminal miscellaneous petitions seeking clarification of a Supreme Court judgment dated 5 April 2007. The 2007 judgment had directed that the State of Maharashtra not proceed against the au…
PRAYAG UPNIVESH AWAS EVAM NIRMAN SAHKARI SAMITI LTD.versusALLAHABAD VIKAS PRADHIKARAN AND ANR.
2003 INSC 23416 April 2003Dismissed
The Allahabad Development Authority acquired about 2.5 bighas of government land in 1987 and fixed compensation of Rs. 9,80,565.06. Both the Government and the lessees claimed the compensation, so the Special Land Acquisition Officer (SLAO) referred the dispute to the civil court under Section 30 of the Land Acquisitio…
SWARAJYALAXMI AND ORS.versusAUTHORISED OFFICER, LAND REFORMS, MEDAK AND ORS.
2003 INSC 23516 April 2003Dismissed
The case concerned 300 acres of land mortgaged to State Bank of India (SBI) which, after the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 came into force, was declared half of it surplus and surrendered to the Government. SBI sought to recover its mortgage money by selling the surplus land, …
STATE OF PUNJABversusBALKAR SINGH AND ANR.
2004 INSC 17716 March 2004Dismissed
The State of Punjab prosecuted Balkar Singh and Munish Chand under Section 15 of the NDPS Act for alleged conscious possession of 100 bags of poppy husk recovered from a field. The police had found the accused sitting on the bags and seized the material, but no further investigation was made to establish how the bags a…
BALA SEETHARAMAIAHversusPERIKE S. RAO AND ORS.
2004 INSC 17816 March 2004Disposed off
The Sessions Court tried six accused for the murder of Vemulapalli Buddah Prasad, framing charges under Sections 148, 302 and 324 IPC. The High Court set aside the convictions under Section 302, substituting them with convictions under Section 304 Part I for one accused and Section 326 for the others, holding that no c…
SUPERSTAR EDUCATION SOCIETYversusSTATE OF MAHARASHTRA & ORS.
2008 INSC 5716 January 2008Disposed off
The Supreme Court examined a challenge to the Maharashtra Government's order dated 16 May 2006 that granted permission to 1,495 new higher secondary schools on a permanent no‑grant basis, subject to conditions under the Education Code and the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977. T…
B.S. MATHUR & ANR.versusUNION OF INDIA & ORS.
2008 INSC 115115 October 2008Case Allowed
The petitioners, directly recruited Additional District and Sessions Judges, challenged the Delhi High Court's seniority list for Delhi Higher Judicial Service (DHJS) officers that was based on the 3 July 1986 Office Memorandum (OM). They argued that seniority should be determined under Rule 8(2) read with Rule 7 of th…
D. GOPALAKRISHNANversusSADANAND NAIK AND ORS.
2004 INSC 60915 October 2004Dismissed
During a strike at a rubber factory in Goa, accused striking workers attacked visiting supervisors, resulting in one death. The Sessions Court convicted several accused based on eyewitness identification, but the High Court acquitted them, holding that the witnesses had no prior acquaintance and identification was doub…
PALITANA SUGAR MILLS PVT. LTD. AND ANR.versusSTATE OF GUJARAT AND ORS.
2004 INSC 61215 October 2004Leave Granted & Disposed off
The dispute concerned several survey parcels of former royal land in Gujarat that were sold to Palitana Sugar Mills. The land, initially excluded from the Agricultural Land Ceiling Act, later fell under the Urban Land (Ceiling and Regulation) Act, and the reservation of one parcel for Bhavnagar University was claimed t…
DALIP SINGH AND ORS.versusSIKH GURDWARA PRABHANDAK COMMITTEE AND ORS.
2003 INSC 55015 October 2003Dismissed
The appellants purchased land from the wife and son of Bhola Singh and claimed ownership, asserting that the property was not dedicated to a Sikh Gurdwara because no notification under Section 10(3) of the Sikh Gurdwara Act, 1925 had been produced. SGPC contended that the land was listed in a notification under Section…
PTC INDIA LTD.versusCENTRAL ELECTRICITY REGULATORY COMMISSION THROUGH SECRETARY
2010 INSC 14615 March 2010Dismissed
PTC India Ltd and other traders challenged the Central Electricity Regulatory Commission's (CERC) Fixation of Trading Margin Regulations, 2006, alleging they were ultra vires. They appealed to the Appellate Tribunal for Electricity, which dismissed the appeal, directing them to seek judicial review. The Supreme Court e…
K. MANJUSREEversusSTATE OF AP. & ANR.
2008 INSC 19515 February 2008Disposed off
The Supreme Court examined the recruitment of ten District & Sessions Judges (Grade‑II) in Andhra Pradesh, where the High Court’s Administrative Committee had fixed a 75‑mark written exam and a 25‑mark interview, but the written test was actually conducted for 100 marks and the interview marks were added, creating a to…
UNION OF INDIAversusDATIATRAY S/O NAMDEO MENDHEKAR & ORS.
2008 INSC 19615 February 2008Case Allowed
The respondent, Dattatray, claimed to belong to the Halba Scheduled Tribe and was appointed as an Assistant Professor in a post reserved for STs. Verification by authorities later established that his caste certificate was false, leading the Scrutiny Committee to invalidate his claim. The High Court, while acknowledgin…
MOHINDER KUMARversusSTATE OF HARYANA
2004 INSC 3615 January 2004Disposed off
The prosecution alleged that a batch of Tata iodized salt sold by the appellant, Mohinder Kumar, was deficient in iodine, violating the Food Adulteration Act. The first accused, Naresh Kumar, purchased five packets, which were tested and found to contain only 5 ppm iodine instead of the required 15 ppm, and he claimed …
SURESH EST ATES PVT. LTD. & ORS.versusMUNICIPAL CORP. OF GREATER MUMBAI & ORS.
2007 INSC 130014 December 2007Case Partly allowed
The appellants, owners of an 8,983 sq.m. plot in Mumbai, sought permission to develop a luxury hotel with additional floor space index (FSI) under Rule 10(2) of the Development Control Rules, 1967. The land fell within Coastal Regulation Zone (CRZ) II as per the 19 February 1991 notification issued under the Environmen…
MURALIversusSTATE OF TAMIL NADU
2000 INSC 52614 November 2000Dismissed
Murali was convicted under Section 304 Part I of the Indian Penal Code for the murder of Vinayagam after dragging the victim into a room, bolting the door and stabbing him with a knife. He appealed, claiming the right of private defence and arguing that his injuries were serious, while also contending that the special …
COMMISSIONER OF CENTRAL EXCISE, BOLPURversusMIS RATAN MELTING & WIRE INDUSTRIES
2008 INSC 114414 October 2008Disposed off
The Commissioner of Central Excise, Bolpur (Revenue) appealed against the order of the Customs, Excise and Gold Control Appellate Tribunal in a dispute with Mis Ratan Melting & Wire Industries. The central issue was whether circulars issued by the Central Board of Excise and Customs could override a law declared by the…
SOHAN LAL @ SOHAN SINGH AND ORS.versusSTATE OF PUNJAB
2003 INSC 54314 October 2003Dismissed
The case involved the death of Kamlesh Rani, a married woman who suffered extensive burns within seven years of marriage. The husband (Sohan Lal @ Sohan Singh) was charge‑sheeted only under Section 304B IPC (dowry death) while the mother‑in‑law and sister‑in‑law were charge‑sheeted under Section 302 IPC. The trial cour…
CAPT. AMARINDER SINGHversusPRAKASH SINGH BADAL & ORS.
2009 INSC 80914 May 2009Dismissed
The Supreme Court considered two transfer petitions filed under Section 406 of the Code of Criminal Procedure seeking to move a corruption trial of former Punjab Chief Minister Prakash Singh Badal, his relatives and associates out of Punjab. The petitioners alleged that the accused’s political power, hostile witnesses …
VILLIANUR IYARKKAI PADUKAPPU MAIYAMversusUNION OF INDIA AND OTHERS
2009 INSC 81014 May 2009Dismissed
The Government of Pondicherry entered into a Build‑Operate‑Transfer concession with Subhash Projects & Marketing Ltd (SPML) for the development of the minor Pondicherry Port, issuing a Letter of Intent and a concession agreement without prior Central Government approval. The appellants challenged the award on grounds o…
UNION OF INDIAversusRAMESH RAM & ORS.
2009 INSC 81214 May 2009Matter referred to larger bench
The Union of India challenged the validity of Rules 16(2) to 16(5) of the Civil Services Examination Rules, 2002, which allowed candidates from reserved categories (OBC, SC, ST) who qualified on merit without availing any relaxation to be adjusted against reserved vacancies to obtain a higher‑preference service. The Hi…
SRI RAJENDRA SINGH RANA AND ORS.versusSWAMI PRASAD MAURYA AND ORS.
2007 INSC 13914 February 2007Disposed off
In 2003, thirteen Uttar Pradesh MLAs elected on the Bahujan Samaj Party (BSP) ticket met the Governor and asked him to invite the Samajwadi Party to form the government, thereby voluntarily relinquishing their BSP membership. The BSP leader filed a petition under Article 191 read with paragraph 2 of the Tenth Schedule …
NIRMA LTD.versusM/S. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.
2002 INSC 2314 January 2002Dismissed
Nirma Ltd. filed a Special Leave Petition under Article 136 of the Constitution seeking to appeal an order of the City Civil Court, Ahmedabad, which had decided an appeal under sub‑section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. The petition raised the question of whether a second appeal is bar…
JASBIR KAUR AND ORS.versusUNION OF INDIA AND ORS.
2003 INSC 63113 November 2003Dismissed
Members of the Indian Military Nursing Service (IMNS) challenged a dress code issued by the Additional Director General of Military Nursing Services, alleging violations of Articles 14 and 21 of the Constitution. The petitions were filed in various High Courts, some of which dismissed them on the ground that uniform pr…
SIDDEGOWDAversusASSISTANT COMMISSIONER AND ORS .
2003 INSC 8413 February 2003Dismissed
One Nanjaiah alias Gungaiah was allotted 1 acre 20 guntas of land by the State in 1968 for an upset price of Rs. 500 per acre under Rule 43-C of the Mysore Land Revenue Code. The appellant purchased the land from Gungaiah on 10 September 1968 for Rs. 3,000. After the Karnataka Scheduled Castes and Scheduled Tribes (Pro…
NATIONAL CAMPAIGN COMMTT.,C.L.LABOURversusUNION OF INDIA & ORS.
2009 INSC 2113 January 2009Hearing Adjourned
The Supreme Court heard a writ petition filed by the National Campaign Committee, C.L. Labour, alleging that several State Governments and Union Territories had failed to implement the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The petition …
SURENDER KUMARversusUNION OF INDIA AND ORS.
2005 INSC 3213 January 2005Dismissed
The appellants, Drivers Grade‑C of Central Railways, were promoted to Loco Supervisors before 1 January 1986. After the Fourth Pay Commission’s recommendations took effect on that date, Drivers Grade‑A promoted thereafter received a higher running allowance, leaving the earlier promoters with lower pay. The Railway iss…
U.P. POLLUTION CONTROL BOARDversusDR. BHUPENDRA KUMAR MODI & ANR.
2008 INSC 141912 December 2008Appeal(s) allowed
The U.P. Pollution Control Board granted conditional consent to Modi Carpets Ltd. to discharge trade effluent, but the company discharged untreated effluent in violation of the consent. The Board filed a complaint under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974 against the company and its …
STATE OF RAJASTHANversusSHAMBHOOGIRI
2004 INSC 59412 October 2004Disposed off
The State of Rajasthan prosecuted Constable Shambhoogiri for accepting a bribe of Rs.200 from a complainant, PW‑1, after the Sub‑Divisional Magistrate (SDM) had taken a written complaint and the currency notes. The SDM noted the serial numbers of the notes, recovered them from the accused, prepared a recovery memo and …
AVINASH SINGH BAGRI AND ORS.versusREGISTRAR IIT DELHI AND ANR.
2009 INSC 104312 August 2009Disposed off
The petitioners, who are SC/ST/OBC students admitted to IIT Delhi for B.Tech, were expelled after failing to meet the minimum credit requirements in their first two years. They argued that the institute provided no special coaching, summer courses, or a slow‑track programme, thereby violating the constitutional mandate…
RAVIversusSTATE REP. BY INSPECTOR OF POLICE
2004 INSC 44112 August 2004Dismissed
Six accused, including A‑1 Ravi, formed an unlawful assembly armed with knives and sticks and, driven by a grievance over the death of a sister, entered the house of the victim Shanmugam, assaulted him and caused injuries that led to his death. The prosecution relied on eye‑witnesses (the victim's mother, PW2, and othe…
AHMED HUSSEIN VALI MOHAMMED SAIYED & ANR.versusSTATE OF GUJARAT
2009 INSC 78912 May 2009Dismissed
The Supreme Court upheld the convictions of six accused in a gang‑murder case at Radhika Gymkhana, Ahmedabad, where nine persons were killed on 3 August 1992. The trial court had relied heavily on confessional statements recorded under Section 15 of the TADA Act, along with a dying declaration, witness testimony, and f…
BABANRAO TUKARAM RANJANEversusSTATE OF MAHARASHTRA
2006 INSC 33412 May 2006Appeal(s) allowed
The appellant, a Deputy Superintendent of Stamps, was charged under the IPC and Sections 3(2), 3(5) and 24 of the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly aiding a large‑scale fake‑stamp racket. He had been in custody for over two years when the Special Court denied his bail application under Se…
SHARDA KAILASH MITIALversusSTATE OF M.P. & ORS.
2010 INSC 3512 January 2010Appeal(s) allowed
The appellant, elected President of Nagar Palika Zora, was served a show‑cause notice and removed by the State Government under Section 41‑A of the Madhya Pradesh Municipalities Act, 1961 on allegations of financial loss, alteration of minutes and hasty appointment of a Chief Municipal Officer. The High Court upheld th…
UNION OF INDIA ETC.versusRAKESH KUMAR AND ORS., ETC.
2010 INSC 3212 January 2010Appeal(s) allowed
The Supreme Court considered writ petitions challenging the constitutional validity of the reservation provisions in the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the Jharkhand Panchayat Raj Act, 2001, which reserved 50% of seats for Scheduled Tribes (ST) and all chairperson posts for STs in Pa…
MAHARASHTRA STATE JUDGES ASSOCIATION & ORS.versusTHE REGISTRAR GENERAL, HIGH COURT, HIGH COURT OF JUDICATURE AT BOMBAY & ANR.
2008 INSC 141211 December 2008Dismissed
The Maharashtra State Judges Association and several district judges challenged the Maharashtra Judicial Service (Seniority) Rules, 2007, contending that the unified cadre of District Judges should have been created with effect from 31 March 1994, not 1 July 1996, and that the proviso protecting the seniority of judges…
JASBIR SINGHversusST ATE OF PUNJAB
2006 INSC 69211 October 2006Disposed off
Jasbir Singh, an under‑trial accused, applied for bail before the Sessions Judge. During a routine inspection of the district jail, the Administrative (Inspecting) Judge of the Punjab & Haryana High Court received the bail application and directed the Sessions Judge to grant bail, which was done. A complaint alleging m…
JAYARAJBHAI JAYANTIBHAI PATELversusANILBHAI JAYANTIBHAI PATEL AND ORS.
2006 INSC 59511 September 2006Appeal(s) allowed
The Supreme Court examined a municipal election in Anand where two independent councillors were arrested minutes before the election of the President, preventing them from voting. The presiding officer, aware of the arrests, proceeded with the election, resulting in a tie and a draw of lots that declared the appellant …
COMMISSIONER OF CUSTOMS (SEA), CHENNAIversusM/S. BALLARPUR INDUSTRIES LTD.
2001 INSC 43611 September 2001Appeal(s) allowed
The respondent imported goods claiming they were accessories exempt from customs duty, paid duty under protest, and later sought a refund. The Assistant Collector granted a refund of about Rs 2.5 crore for certain items, deeming them accessories, while denying refund for others as spares. The Commissioner (Appeals) inv…
UNITED INDIA INSURANCE CO. LTD.versusJYOTSNABEN SUDHIRBHAI PATEL AND ORS.
2003 INSC 38111 August 2003Appeal(s) allowed
The legal heirs of a deceased motor‑accident victim claimed compensation from United India Insurance Co. Ltd. The driver and vehicle owner failed to file a written statement or give evidence, leading the Motor Accident Claims Tribunal to draw adverse inference and award Rs. 32.5 lakh. United India Insurance applied und…
UNION OF INDIAversusR. GANDHI, PRESIDENT, MADRAS BAR ASSOCIATION
2010 INSC 30511 May 2010Case Partly allowed
The Supreme Court examined the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956 (as amended by the Companies (Second Amendment) Act, 2002) which created the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) and transferred the jurisdiction of High Court…
MADRAS BAR ASSOCIATIONversusUNION OF INDIA
2010 INSC 30611 May 2010Directions issued
The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005 and the provisions of Article 323B (and Article 3238) of the Constitution, arguing that the Act undermines the basic structure by creating a parallel tribunal system under executive control. The petition also contes…
DR. K. KRISHNA MURTHY & ORS.versusUNION OF INDIA & ANR.
2010 INSC 30711 May 2010Disposed off
The petitioners challenged the constitutional validity of Articles 243‑O(4), 243‑O(6), 243‑T(4) and 243‑T(6) inserted by the 73rd and 74th Amendments, arguing that reservations of chairperson posts and of seats for backward classes in Panchayats and Municipalities violated equality, democracy and the basic structure. T…
SMRUTI PAHARIYAversusSANJAY PAHARIYA
2009 INSC 78311 May 2009Disposed off
The wife filed a joint petition for divorce by mutual consent under Section 138 of the Hindu Marriage Act, 1955. After the mandatory six‑month waiting period expired on 19‑Nov‑2007, the husband was absent on three successive dates (19‑Nov, 1‑Dec and 4‑Dec). The Family Court, without being satisfied that the husband was…
RAVI DEVELOPMENTversusSHREE KRISHNA PRATHISTHAN & ORS.
2009 INSC 78811 May 2009Appeal(s) allowed
Ravi Development and the Maharashtra Housing and Area Development Authority (MHADA) challenged a Bombay High Court order that had struck down the award of a development contract under the Swiss Challenge Method, alleging arbitrariness, lack of innovativeness and favouritism by the Chief Minister. The Supreme Court exam…
MISHRILAL AND ORS.versusSTATE OF M.P. AND ORS.
2005 INSC 27411 May 2005Dismissed
The Supreme Court examined the appeal of four accused convicted for the murder of Balmukund under Sections 302 read with 149 and 148 of the IPC. The prosecution relied on three eye‑witnesses who identified the accused despite the incident occurring at around 6 p.m., and on medical evidence showing axe‑type injuries. Th…
COMMISSIONER OF INCOME TAXversusSUNIL J. KINARIWALA
2002 INSC 52810 December 2002Appeal(s) allowed
Sunil J. Kinariwala, a partner in a firm, created a trust and assigned fifty percent of his ten percent partnership share to the trust, claiming that the income was diverted at source and therefore not assessable in his total income. The Income Tax Officer held the assignment to be an application of income and included…
IN RE: UNDER ARTICLE 317(1) OF THE CONSTITUTION OF B INDIA FOR ENQUIRY AND REPORT ON THE ALLEGATIONS AGAINST DR. H.B. MIRDHA, CHAIRMAN, ORISSA PSCversus.
2008 INSC 128210 November 2008Reference answered
The President, on a reference under Article 317(1) of the Constitution, sought a Supreme Court inquiry into allegations of misbehaviour against Dr. H.B. Mirdha, Chairman of the Orissa Public Service Commission, including concealment of his daughters' candidature, alleged threats to members, association with a private c…
RAM KISHAN AND ORS.versusSTATE OF UTTAR PRADESH
2004 INSC 51110 September 2004Dismissed
The deceased Shiv Shankar Singh was attacked and killed with lathis fitted with iron rings after being intercepted on a motorcycle by the appellants. Three eye‑witnesses, who were friends of the deceased, testified to the assault, and a post‑mortem showed head injuries and an empty stomach. The appellants challenged th…
KERALA STATE ELECTRICITY BOARDversusHITECH ELECTROTHERMICS AND HYDROPOWER LTD.
2005 INSC 35210 August 2005Dismissed
The Kerala State Electricity Board (KSEB) sought review of a Supreme Court judgment that had granted Hitech Electrothermics limited a reduced concessional tariff of three years, instead of the full five years, because the Board’s delay in supplying electricity prevented the company from commencing commercial production…
DHAIN SINGH AND ANR.versusSTATE OF PUNJAB
2004 INSC 43510 August 2004Disposed off
The Supreme Court examined an appeal by Dhian Singh and his paternal uncle against convictions for dowry death and concealment of evidence. The first appellant was found guilty under Sections 304‑B and 201 of the IPC for causing the death of his wife, Shinder Kaur, by burning her after demanding dowry, with the court a…
GOVT. OF ANDHRA PRADESH & ORS.versusM/S. OBULAPURAM MINING CO. PVT. LTD.& ORS. ETC.
2010 INSC 30110 May 2010Hearing Adjourned
The Supreme Court was called upon to resolve a dispute over the right to mine iron ore in six leases in Andhra Pradesh that bordered the state of Karnataka. The State of Andhra Pradesh sought to maintain a status‑quo injunction, arguing that mining could prejudice the demarcation of the inter‑state boundary, while the …
ASHOKA KUMAR THAKURversusUNION OF INDIA & ORS
2008 INSC 47310 April 2008Disposed off
The case challenged the constitutional validity of the Constitution (Ninety-Third Amendment) Act, 2005, which inserted Article 15(5) into the Constitution, and the Central Educational Institutions (Reservation in Admission) Act, 2005 (Act 5 of 2007), which provided 15% reservation for Scheduled Castes, 7.5% for Schedul…
M. NIZAMUDDINversusM/S. CHEMPLAST SANMAR LTD. AND ORS.
2010 INSC 13910 March 2010Disposed off
Chemplast Sanmar Ltd. sought to set up a PVC plant in Cuddalore, Tamil Nadu, importing Vinyl Chloride Monomer (VCM) via a marine terminal and laying pipelines that cross the Uppanar river. The Ministry of Environment and Forests (MOEF) granted environmental clearance under the 1991 Coastal Regulation Zone (CRZ) Notific…
SHEIKH MEHEBOOB @ HETAK AND ORS.versusSTATE OF MAHARASHTRA
2005 INSC 12710 March 2005Appeal(s) allowed
The accused were convicted under IPC sections 302 and 34 for allegedly setting a 20‑year‑old victim on fire. The prosecution’s case rested on the victim’s dying declaration and the testimony of the victim’s father (PW‑2). The Supreme Court found that the father’s written report to police was suppressed, that his eyewit…
STATE OF GUJARATversusK. V. JOSEPH ETC.
2000 INSC 5149 November 2000Appeal(s) allowed
The State of Gujarat appealed against two Gujarat High Court judgments that imposed strict time‑limits for granting sanction and filing charge‑sheets in corruption cases and declared a paragraph of the State Vigilance Manual ultra vires. The High Court also directed that any delay beyond two months would attract contem…
INDER MOHAN GOSWAMI AND ANR.versusSTATE OF UTTARANCHAL AND ORS.
2007 INSC 10169 October 2007Disposed off
The Sanatan Dharma Pratinidhi Sabha cancelled a General Power of Attorney and sold a portion of its land after the contractor, Himmat Rai Ahuja, allegedly failed to pay the balance price. The contractor filed a criminal complaint alleging cheating, forgery and criminal conspiracy under Sections 420, 467 and 120B IPC, l…
DRAUPADI DEVI AND ORS.versusUNION OF INDIA AND ORS.
2004 INSC 5079 September 2004Dismissed
The plaintiff claimed title to a Delhi property, alleging it was his private property purchased from the Maharaja of Kapurthala, while the Union of India and others contended it was State property of Kapurthala. The Court examined the 1947 Instrument of Accession, the 1948 covenant, and subsequent correspondence, findi…
STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO
2000 INSC 3879 August 2000Appeal(s) allowed
The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible settlement between the…
TAMIL NADU COMPUTER SC. B.ED. G.T. WELFARE SOCIETY,versusHIGHER SEC. SCL. COMPUTER TECH. ASSN. & ORS.
2009 INSC 8949 July 2009Case Partly allowed
The Tamil Nadu Government created 1,880 temporary posts of Computer Instructor in government higher secondary schools and announced a special recruitment test, initially fixing the minimum qualifying mark at 50%. After the test was conducted, the Government arbitrarily reduced the qualifying mark to 35% and declared ca…
T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2008 INSC 6209 May 2008Disposed off
The Supreme Court, hearing T.N. Godavarman Thirumulpad v. Union of India (Writ Petition No. 202 of 1955), corrected typographical errors in its earlier order dated 28 March 2008 concerning exemptions from payment of Net Present Value (NPV) under s.3(3) of the Environment Protection Act, 1986. The Court clarified the ca…
STATE OF M.P.versusSUGHAR SINGH & ORS.
2010 INSC 1329 March 2010Disposed off
Eight persons were tried by a Sessions Court in Madhya Pradesh for murder and related offences under the Indian Penal Code. The High Court set aside their convictions, and the State appealed, but only four of the accused were impleaded as respondents in the appeal. The Supreme Court, in a 2008 judgment, reversed the ac…
THE SECRETARY & CURATOR, VICTORIA MEMORIAL HALLversusHOWRAH GANATANTRIK NAGRIK SAMITY AND ORS.
2010 INSC 1339 March 2010Appeal(s) allowed
The Secretary & Curator of the Victoria Memorial Hall (VMH) appealed against the Calcutta High Court’s order rejecting an expert committee’s recommendation to construct a new annex within the VMH campus and refusing a modification application to raise the building up to 30 ft. The High Court had dismissed the recommend…
DATTATRAY KRISHNAJI GHULEversusSTATE OF MAHARASHTRA AND ORS.
2007 INSC 1199 February 2007Appeal(s) allowed
The appellants, two police officers, were accused of colluding with a counterfeit stamp syndicate and of fabricating false cases against rival gang members. After the Supreme Court ordered the investigation to be transferred to the CBI, the officers were charged under the Maharashtra Control of Organized Crime Act (MCO…
BASHEER@ N.P. BASHEERversusSTATE OF KERALA
2004 INSC 929 February 2004Disposed off
The appellants, convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, had pending appeals when the NDPS (Amendment) Act, 2001 came into force on 2‑October‑2001. Section 41(1) of the amendment applied the new graded‑sentence regime to all pending cases except those "pending in appeal". The appellants…
GOKUL BHAGAJI PATILversusSTATE OF MAHARASHTRA AND ANR.
2006 INSC 9738 December 2006Appeal(s) allowed
The appellant, a senior police inspector, was charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly facilitating a counterfeit stamp syndicate by failing to seal the printing press and arrest its kingpin, Telgi. The Special Judge and the High Court denied his bail, invoking Section 21(4)(b)…
CHENNA BOYANNA KRISHNA YADAVversusSTATE OF MAHARASHTRA AND ANR.
2006 INSC 9748 December 2006Appeal(s) allowed
Chenna Boyanna Krishna Yadav, a former minister and advocate, was charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly abetting Abdul Karim Telgi's counterfeit stamp syndicate. The High Court rejected his bail applications, relying on a recorded conversation between Yadav and Telgi as prim…
HARI BADAN RAI AND ORS.versusSTATE OF BIHAR
2004 INSC 7018 December 2004Dismissed
Seven accused, including Hari Badan Rai, were tried for the murder of Ram Krishna Singh and the concealment of his dead body under Sections 302, 201 and 34 of the IPC. The prosecution proved that the accused attacked the victim with weapons, disposed of his body in a river, and that a decomposed head and bones recovere…
CENTRAL BUREAU OF INVESTIGATIONversusAKHILESH SINGH
2004 INSC 7028 December 2004Dismissed
The Central Bureau of Investigation appealed against the Allahabad High Court’s order that quashed the murder‑conspiracy charges against Akhilesh Singh, a co‑accused in the killing of badminton player Syed Modi. The main accused, Dr. Sanjay Singh, and the deceased’s wife were earlier discharged, and the Supreme Court h…
VISHNU NAGNATH DESHMUKHversusSTATE OF MAHARASHTRA
2000 INSC 5118 November 2000Disposed off
Vishnu Nagnath Deshmukh was convicted under the Prevention of Corruption Act, 1947 (sections 5(2) and 5(1)(d)) and IPC section 161 for accepting an illegal gratification of Rs.10. The Special Judge sentenced him to six months’ rigorous imprisonment and a fine, which the Bombay High Court upheld. He appealed to the Supr…
T.N. GODAVARAMAN THIRUMULPADversusUNION OF INDIA AND ORS.
2008 INSC 9178 August 2008IA disposed
The Supreme Court considered an interlocutory application filed by Sterlite Industries (Siil) seeking clarification on the rehabilitation package and the proposed transfer of the Niyamgiri bauxite mining lease to a Special Purpose Vehicle (SPV) as suggested by the Central Empowered Committee (CEC). The Court held that …
BINNY LTD. AND ANR.versusV. SADASIVAN AND ORS.
2005 INSC 3438 August 2005Appeal(s) allowed
The Supreme Court examined whether a private employer could be subjected to a writ of mandamus under Article 226 of the Constitution for terminating employees under a contractual clause. The Court held that mandamus is a public‑law remedy and is available only when the body performs a public function or the duty has a …