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118 judgments · newest first · showing 1–118

COAL INDIA LIMITED AND ANRversusCOMPETITION COMMISSION OF INDIA AND ANR

2023 INSC 580

Coal India Ltd (CIL) and its subsidiary Western Coalfields Ltd challenged the Competition Commission of India's (CCI) finding of abuse of dominant position, arguing that the Competition Act, 2002 does not apply to them because they are government companies created under the Coal Mines …

HASMUKHLAL MADHAVLAL PATEL AND ANR.versusAMBIKA FOOD PRODUCTS PVT. LTD. AND ORS.

2023 INSC 582Case Partly allowed

The case involved a private limited company with an authorised capital of Rs.1 crore, where the board of directors resolved to issue additional shares on a 1:1 basis and sought to increase the authorised capital to Rs.2 crore following a bank's advice. The V.P. Patel and Sheth groups alleged …

ARTI DIXIT & ANRversusSUSHIL KUMAR MISHRA & ORS

2023 INSC 556Dismissed

The respondents obtained an ex‑parte decree for ejectment and recovery of rent from the appellants. The appellants filed, on the same day, an application under Order IX Rule 13 of the CPC and an application under Section 17 of the Provincial Small Cause Courts Act, 1887, seeking permission to …

SEBIL ELANJIMPALLYversusTHE STATE OF ODISHA

2023 INSC 557Appeal(s) allowed

The appellant, Sebil Elanjimpally, was charged under Section 20(b)(ii)(C) of the NDPS Act and had been in judicial custody for nearly three years. He applied for bail for the second time, but the High Court rejected the application, stating that a co‑accused who had been released on bail had failed …

THE ANIMAL WELFARE BOARD OF INDIA AND ORS.versusUNION OF INDIA & ANR

2023 INSC 548

The Supreme Court examined the constitutional validity of the Prevention of Cruelty to Animals (Tamil Nadu, Maharashtra and Karnataka) Amendment Acts of 2017, which sought to legalise traditional bovine sports such as Jallikattu, Kambala and Bullock Cart Race by introducing specific rules and …

SREE SANKARACHARYA UNIVERSITY OF SANSKRIT & ORS.versusDR. MANU & ANR.

2023 INSC 539Dismissed

Dr. Manu joined Sree Sankaracharya University as a Lecturer in July 1999 holding a Ph.D., and was granted four advance increments under Clause 6.16 of the UGC Scheme (G.O. 21‑12‑1999). When he was later placed in the Selection Grade, the university denied two further increments prescribed by Clause …

M/S. D. N. SINGHversusCOMMISSIONER OF INCOME TAX, CENTRAL, PATNA AND ANOTHER

2023 INSC 543Appeal(s) allowed

The appellant, a common carrier, was assessed under Section 69A of the Income Tax Act for short delivery of bitumen, with the assessing officer deeming the bitumen as an "other valuable article" owned by the appellant. The Supreme Court examined whether a carrier can be considered the owner of goods …

M/S TATA MOTORS LTD.versusTHE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (SPL) & ANR.

2023 INSC 533Reference answered

The Supreme Court examined whether a credit note issued by an automobile manufacturer to a dealer, for replacing a defective part under a warranty, constitutes a sale liable to sales tax. It held that when the dealer uses a part from his own stock or purchases it from the market and is reimbursed by …

INDIAN OIL CORPORATION LTD. AND ORSversusM/S. SATHYANARAYANA SERVICE STATION & ANR

2023 INSC 507Appeal(s) allowed

The Indian Oil Corporation (IOC) entered into a 15‑year petrol pump dealer agreement with Sathyanarayana Service Station, which contained a clause allowing either party to terminate the agreement by giving three months' notice. The dealer gave a notarised notice to withdraw, which IOC accepted; the …

THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.

2023 INSC 431Disposed off

The Supreme Court examined a sale deed executed by the Official Liquidator of a liquidated company, which conveyed land, building, civil works, plant and machinery, and other assets for a total consideration of Rs.8.35 crores. The first respondent, a nominee of the auction purchaser, sought …

M/S N. N. GLOBAL MERCANTILE PRIVATE LIMITEDversusM/S INDO UNIQUE FLAME LTD. & ORS.

2023 INSC 423Reference answered

The case concerns a sub-contract (Work Order) containing an arbitration clause, which was unstamped. The appellant argued that the arbitration agreement was unenforceable due to non-payment of stamp duty under the Indian Stamp Act, 1899. The Supreme Court, by a 3:2 majority, held that an arbitration …

ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIAversusKAPIL WADHAWAN & ANR. ETC

2023 INSC 1090Appeal(s) allowed

The appellant filed an interlocutory application seeking clarification of paragraph 51 of the Supreme Court's judgment dated 27 March 2023 in Criminal Appeals Nos. 701‑702 of 2020, which had upheld a default bail order granted by the Bombay High Court under proviso (a)(ii) of Section 167(2) of the …

VIKAS CHAUDHARYversusTHE STATE OF DELHI

2023 INSC 412Case Partly allowed

The appellants were convicted for kidnapping, ransom, and murder of an 18‑year‑old victim, and were sentenced by the trial court to life imprisonment without remission for 30 years, a sentence affirmed by the Delhi High Court. The Supreme Court examined whether a trial court can impose a "special" …

AMOD KUMAR KANTHversusASSOCIATION OF VICTIM OF UPHAAR TRAGEDY AND ANR.

2023 INSC 397Appeal(s) allowed

The appellant, a former Deputy Commissioner of Police and licensing officer, ordered the removal of extra seats in the Uphaar cinema in 1979‑80 following a revocation of a prior notification. After the 1997 fire that killed 59 people, the CBI filed a closure report finding no criminal act by the …

SABIR ALI KHANversusSYED MOHD. AHMAD ALI KHAN AND OTHERS

2023 INSC 368Dismissed

The case concerned a Shia waqf‑al‑aulad created in 1934, whose property was allegedly alienated by two void sales in 1960 and 1974 without the sanction of the Waqf Board. The respondents, who were beneficiaries of the waqf, claimed title by adverse possession, while the appellant argued that …

HARYANA POWER PURCHASE CENTREversusSASAN POWER LTD. & ORS

2023 INSC 326Appeal(s) allowed

The case concerned an Ultra Mega Power Project where the seller (Sasan Power Ltd.) claimed compensation for increased costs of a water‑intake system and customs duty on mining equipment, alleging these were "change in law" events under Article 13 of the Power Purchase Agreement (PPA). The seller …

TAJVIR SINGH SODHI & ORS.versusTHE STATE OF JAMMU AND KASHMIR & ORS.

2023 INSC 309Appeal(s) allowed

The Supreme Court examined the selection of 64 drug inspectors in Jammu & Kashmir, where the High Court had quashed the selection on grounds of procedural irregularities, lack of individual award rolls, and alleged bias. The Court held that candidates who participated in the selection without …

ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIAversusKAPIL WADHAWAN & ANR. ETC

2023 INSC 723Reference answered

The Supreme Court examined whether the day on which a magistrate orders remand under Section 167(2) of the Code of Criminal Procedure, 1973 should be counted in the 60/90‑day period prescribed for filing a charge‑sheet, the expiry of which gives an accused an indefeasible right to default bail. …

NARAYAN CHETANRAM CHAUDHARYversusTHE STATE OF MAHARASHTRA

2023 INSC 298Appeal(s) allowed

The appellant, convicted and sentenced to death for the 1994 murder of five women and two children, claimed he was a juvenile at the time of the offence, asserting an age of 12 years based on school birth certificates and other documents. After earlier petitions were dismissed, the Supreme Court …

UNION OF INDIA & ORS.versusM/S. BHARAT ENTERPRISE

2023 INSC 277Appeal(s) allowed

The Union of India and others entered into a contract with M/s. Bharat Enterprise for repair work, which required the contractor to submit a final bill and a No Claims Certificate. The contractor submitted the final bill on 13‑02‑2002, but payment was delayed for over a year, after which the …

ANOOP BARANWALversusUNION OF INDIA

2023 INSC 190Case Partly allowed

The writ petitions challenged the constitutional validity of the practice of appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) solely by the executive. The Supreme Court examined Article 324(2) and Constituent Assembly debates, concluding that Parliament was intended …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ORS.

2023 INSC 174Dismissed

Ashwini Kumar Upadhyay filed a writ petition under Article 32 seeking a court order directing the Home Ministry to set up a Renaming Commission, the Archaeological Survey of India to research original names, and governments to update records of ancient religious sites renamed during foreign …

ASSOCIATION OF VASANTH APARTMENTS’ OWNERSversusV. GOPINATH & ORS

2023 INSC 123Disposed off

The Supreme Court upheld the validity of Rule 19(b)(II)(vi) of the Tamil Nadu Development Control Rules and Regulation 29(7)(a), which require that layouts exceeding 10,000 square metres reserve 10% of the area as open space for communal and recreational purposes and transfer that land to the local …

K.T.V. HEALTH FOOD PVT. LTD.versusUNION OF INDIA AND ORS

2023 INSC 91Case Partly allowed

K.T.V. Health Food Pvt. Ltd. sought to continue operating a storage terminal and an underground pipeline for edible oil imported through Chennai Port. The Union of India, invoking the 2011 Coastal Regulation Zone (CRZ) Notification under the Environment Protection Act, granted post‑facto clearance …

JOSEPH SHINEversusUNION OF INDIA

2023 INSC 87Disposed off

The Union of India filed a miscellaneous application seeking clarification of the Supreme Court’s decision in Joseph Shine v. Union of India, which struck down Section 497 of the IPC, asking whether the judgment also affects the applicability of Sections 45, 63 of the Army Act, 1950 and analogous …

SUNIL SAINI & ORS.versusTHE STATE OF HARYANA & ORS.

2023 INSC 715Disposed off

The petitioners, who were witnesses to a 2016 Jat community agitation in Haryana that involved arson and loss of life, alleged that the trial in Jhajjar was compromised by the influence of a powerful advocate, threats to witnesses, and a biased prosecuting team. They filed a transfer petition under …

ELUMALAI @ VENKATESAN & ANRversusM. KAMALA AND ORS. & ETC.

2023 INSC 83Dismissed

The case concerned the self‑acquired property of Sengalani Chettiar, who had two marriages. His son Chandran (the father of the appellants) executed a release deed in 1975, relinquishing any claim to the property in return for valuable consideration, and stating he would have no further connection …

COMMON CAUSE (A REGD. SOCIETY)versusUNION OF INDIA

2023 INSC 77Disposed off

The Indian Society of Critical Care Medicine filed a miscellaneous application seeking clarification and modification of the Supreme Court's 2018 directions on advance medical directives and withdrawal of life‑support treatment. The Court examined whether the procedural safeguards, especially the …

SHRI RAM SHRIDHAR CHIMURKARversusUNION OF INDIA & ANR.

2023 INSC 49Dismissed

Shridhar Chimurkar, a retired government superintendent, died in 1994 leaving a widow, Maya Motghare, who adopted Sri Ram Shridhar Chimurkar in 1996, two years after the death. The appellant sought family pension under the Central Civil Services (Pension) Rules, 1972, but the government rejected the …

WAVE INDUSTRIES PVT. LTD.versusSTATE OF U.P. & ORS.

2022 INSC 1281Disposed off

The Supreme Court examined a dispute arising from a slump sale of the loss‑making Amroha sugar mill by U.P. State Sugar Corporation Ltd. (UPSSCL) to Wave Industries Pvt. Ltd. The issue was whether unpaid duty, penalty and interest accrued before the signing date of the slump sale agreement (17 July …

GOKAL CHAND (D) THR. LRS.versusAXIS BANK LTD. & ANR.

2022 INSC 1287Appeal(s) allowed

The appellants had taken a home loan from Axis Bank, which required a life‑insurance policy on the borrower’s life. The bank paid the premium to Max Life Insurance and the insured underwent a medical test that showed no health issues. The insured died shortly thereafter, and the insurer repudiated …

KARNATAKA POWER TRANSMISSION CORPORATION LIMITEDversusJSW ENERGY LIMITED (EARLIER KNOWN AS JINDAL THERMAL POWER COMPANY LIMITED & JINDAL TRACTABEL POWER COMPANY LIMITED) & ORS.

2022 INSC 1219Disposed off

The Supreme Court examined whether a Power Purchase Agreement (PPA) between Karnataka Power Transmission Corporation Ltd (KPTCL) and JSW Energy Ltd (formerly Jindal Thermal Power Co Ltd) was a "concluded contract" under the proviso to Section 27(2) of the Karnataka Electricity Reforms Act, 1999, …

NANDINI SHARMA AND ANR.versusREGISTRAR SUPREME COURT OF INDIA AND ORS.

2022 INSC 1209Dismissed

Nandini Sharma and another filed a writ petition under Article 32 challenging Rule 1(b), Rule 5 and Rule 7(c) of Order IV of the Supreme Court Rules, 2013, alleging that conferring exclusive rights to practice before the Supreme Court on Advocates on Record (AOR) is unreasonable, discriminatory and …

MARINGMEI ACHAMversusM MARINGMET KHURIPOU

2022 INSC 1160Appeal(s) allowed

The appellant's father filed a declaratory suit in 2014 claiming hereditary chiefship of Lamdan Kabui village and sought a temporary injunction. He died during the pendency of a civil miscellaneous appeal against the trial court's refusal of the injunction. The appellant applied to be recognized as …

MAHARASHTRA STATE BOARD OF WAKFSversusSHAIKH YUSUF BHAI CHAWLA & ORS.

2022 INSC 1127Case Partly allowed

The Maharashtra State Board of Wakfs was incorporated on 4 January 2002 and subsequently published lists of wakf properties on 13 November 2003 and 30 December 2004. Several Muslim public trusts challenged the Board’s constitution, the validity of the lists, and the applicability of Section 13(2) of …

M/S THERMAX LTD. THROUGH ITS DIRECTORversusCOMMISSIONER OF CENTRAL EXCISE, PUNE-1

2022 INSC 1078Dismissed

M/s Thermax Ltd. (appellant) manufactures Modified Vapour Absorption Chillers (MVAC) and described them as heat pumps to obtain a concessional excise rate under Notification 155/86‑CE. The Revenue argued that the MVAC’s primary output is chilled water, not heat, and therefore it does not meet the …

RAJRATAN BABULAL AGARWALversusSOLARTEX INDIA PVT. LTD.& ORS.

2022 INSC 1081Appeal(s) allowed

The appellant, an ex‑director of the corporate debtor, contested the admission of an application filed by the operational creditor under section 9 of the Insolvency and Bankruptcy Code (IBC) alleging a debt for coal supplied under a purchase order. The creditor claimed the coal was of inferior …

SHIV KUMARversusTHE STATE OF MADHYA PRADESH

2022 INSC 933Appeal(s) allowed

The appellant Shiv Kumar was convicted under Section 411 of the Indian Penal Code for allegedly receiving stolen household articles looted from a truck, based on police seizure and the testimony of co‑accused. On appeal, the Supreme Court examined whether the prosecution proved the essential element …

INDIAN OIL CORPORATION LTD.versusSUDERA REALTY PRIVATE LIMITED

2022 INSC 928Dismissed

The Supreme Court examined a dispute between Indian Oil Corporation Ltd. (appellant) and Sudera Realty Private Ltd. (respondent) over a lease of three floors in a Kolkata building. It held that the 1968 agreement and the 1969 supplementary deed constituted a valid 21‑year lease, with possession of …

UNION OF INDIA & OTHERSversusBHARAT FORGE LTD. & ANOTHER

2022 INSC 837Appeal(s) allowed

The Supreme Court examined a civil appeal wherein the Union of India and other government bodies challenged a High Court order directing the railway tendering authority to specify the HSN code and GST rate (18%) for a turbo‑wheel impeller in a global tender, to ensure a uniform bidding process. The …

MEHMOOD PRACHAversusCENTRAL ADMINISTRATIVE TRIBUNAL

2022 INSC 813Appeal(s) allowed

Mehmood Pracha, appearing as counsel before the Central Administrative Tribunal (CAT), was charged with criminal contempt under Section 14 of the Contempt of Courts Act, 1971 for allegedly demanding a camera‑held hearing to make undisclosed allegations against the Chairman. The Tribunal framed the …

S. KULDEEP SINGH & ANRversusS. PRITHPAL SINGH

2022 INSC 781Appeal(s) allowed

The plaintiff, an adopted son of the deceased landowner, claimed ownership of 11 kanals and 15 marlas of land based on a compromise deed dated 18‑December‑1975, which was endorsed by the owner and recorded by the Deputy Commissioner (DC). The appellants, the natural heirs, argued that the compromise …

SHABBIR MOHAMMAD SAYEDversusMRS. NOOR JEHAN MUSHTER SHAIKH & ORS.

2022 INSC 784Dismissed

The plaintiff obtained a decree declaring her as tenant of a premises in Mumbai and ordered the landlord to hand over possession. The appellant, Shabbir Mohammad Sayed, claimed he had acquired leasehold rights from the alleged lawful tenant and also from the landlord on 24 January 2014, and sought …

SUNEEL KUMARversusSTATE OF U.P. & ORS.

2022 INSC 787Case Partly allowed

The appellant, a graduate, sought a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, after his father, a Class‑IV sweeper, died. He rejected the offer of a sweeper post and applied for a Class‑III Gram Panchayat Officer …

M/S BHAGWANDAS B. RAMCHANDANIversusBRITISH AIRWAYS

2022 INSC 768Dismissed

The appellant, a cargo importer, claimed damages from British Airways for loss of perishable goods shipped from Mumbai to Canada, filing suit in 2012. The trial court held the claim was not time‑barred, but the Bombay High Court dismissed it, holding that the two‑year limitation under Rule 30 of the …

SUNIL SIKRIversusGURU HARKRISHAN PUBLIC SCHOOL & ANR.

2022 INSC 764Dismissed

The appeal concerned Sunil Sikri, a former teacher of Guru Harkrishan Public School, who challenged a Tribunal order directing his reinstatement with 50% back wages. The key issues were whether Sections 8 and 11 of the Delhi School Education Act, 1973 empower the Tribunal to award back wages, …

KANCHAN KUMARIversusTHE STATE OF BIHAR & ANR.

2022 INSC 746Appeal(s) allowed

The second respondent filed an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail for alleged offences under IPC sections 406, 420, 467 and 468. The Patna High Court granted the bail but, in the same order, directed the cancellation of the licence of Kanchan …

KASABAI TUKARAM KARVAR & ORS.versusNIVRUTI (DEAD) THROUGH LEGAL HEIRS & ORS

2022 INSC 733Dismissed

The father of the parties died in 1948, leaving a daughter who was born ten days later. The mother subsequently adopted a son in 1949. The daughter filed a suit for partition of the family property, claiming a share as a coparcener under the pre‑1956 Hindu law. The High Court, applying the doctrine …

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITYversusANAND SONBHADRA

2022 INSC 578Dismissed

The Supreme Court examined whether the New Okhla Industrial Development Authority (NOIDA), as the lessor in a 90‑year lease of land for a residential project, could be treated as a financial creditor under the Insolvency and Bankruptcy Code, 2016. The Court held that the lease does not qualify as a …

STATE OF BIHAR & ORS.versusSHYAMA NANDAN MISHRA

2022 INSC 516Dismissed

The Supreme Court examined whether the +2 lecturers appointed under Advertisement No. 1/87 were members of the Bihar Subordinate Education Service (BSES) and thus entitled to merge with the Bihar Education Service (BES). It held that the 1985 notification and the 1987 advertisement clearly created …

OMKAR SINHA & ANRversusSAHADAT KHAN & ORS

2022 INSC 491Appeal(s) allowed

The case concerned whether a 1977 circular issued by the Governor of undivided Madhya Pradesh, which granted entry into Ranger training for Forest Guard trainees who topped their training, remained in force after the creation of Chhattisgarh in 2000. The State of Chhattisgarh issued several …

NEW DELHI MUNICIPAL COUNCILversusMINOSHA INDIA LIMITED

2022 INSC 486Dismissed

NDMC entered into a purchase order with Minosha India Ltd, terminated it for alleged non‑performance and the latter invoked the arbitration clause on 7 June 2016. Before the arbitration could commence, the corporate debtor was admitted to corporate insolvency resolution on 14 May 2018, a moratorium …

RATHISH BABU UNNIKRISHNANversusTHE STATE (GOVT. OF NCT OF DELHI) & ANR.

2022 INSC 480Dismissed

The appellant, Rathish Babu Unnikrishnan, challenged a summoning order issued under Section 138 of the Negotiable Instruments Act on the ground that the cheques were security instruments for a share buy‑back and not payable on a legally enforceable debt. The Delhi High Court dismissed his petition …

DELHI DEVELOPMENT AUTHORITYversusBHIM SAIN GOEL AND ORS.

2022 INSC 472Appeal(s) allowed

The Delhi Development Authority (DDA) issued a notification under the Land Acquisition Act, 1894 in 2003, followed by a declaration in 2004 and an award in 2005 for land needed for a road project. The respondents obtained interim stay orders that prevented DDA from taking possession, and later filed …

JAHIR HAKversusTHE STATE OF RAJASTHAN

2022 INSC 412Appeal(s) allowed

Jahir Hak was arrested in May 2014 under the Unlawful Activities (Prevention) Act, 1967 for a range of serious offences and has been in custody for nearly eight years as an under‑trial prisoner. The High Court rejected his application for bail under Section 439 of the Code of Criminal Procedure, …

EASTERN COALFIELDS LIMITED & ORS.versusRABINDRA KUMAR BHARTI

2022 INSC 405Appeal(s) allowed

The respondent, a clerk, was suspended and later dismissed by Eastern Coalfields Ltd. on a complaint that he demanded a bribe to clear retirement formalities, leading to a criminal case under the Prevention of Corruption Act, 1988. The employer initiated departmental proceedings, which the …

GOA PUBLIC SERVICE COMMISSIONversusPANKAJ RANE & ORS.

2022 INSC 399Dismissed

The Goa Public Service Commission advertised for Junior Scale posts, conducted a computer‑based screening test, a written examination and an oral interview, and fixed a cut‑off of 26 out of 40 marks (60%) for the interview. Respondents who cleared the written test but failed to meet the interview …

STATE OF RAJASTHAN & ANR.versusMANGAT LAL SIDANA

2022 INSC 333Case Partly allowed

The Supreme Court examined two appeals by the State of Rajasthan challenging orders that paid only subsistence allowance to two former employees who had been reinstated after disciplinary penalties. The Court interpreted Rule 54 of the Rajasthan Service Rules, 1951, holding that full pay is payable …

HARDIAL SINGHversusBALBIR KAUR & ANR.

2022 INSC 291Appeal(s) allowed

The plaintiffs filed a suit seeking declaration of title and injunction based on a will dated 19 April 1998 of the deceased Sucha Singh. The trial court upheld the will, but the first appellate court reversed, finding the will forged and upholding a later will executed by the mother. The plaintiffs …

TEDHI SINGHversusNARAYAN DASS MAHANT

2022 INSC 272Case Partly allowed

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the appellant borrowed Rs.7 lakhs and issued a cheque which was dishonored. The appellant was convicted by the trial court, and the conviction was upheld by the Sessions Court and the High Court. The …

ABDUL VAHABversusSTATE OF MADHYA PRADESH

2022 INSC 263Appeal(s) allowed

The appellant’s truck carrying 17 cow progeny was seized and the driver and others were arrested under the Madhya Pradesh Prohibition of Cow Slaughter Act, 2004 and the Prevention of Cruelty to Animals Act, 1960. The trial court acquitted all accused, finding no evidence of intent to slaughter, but …

SUKHDARSHAN SINGHversusTHE STATE OF PUNJAB & ORS.

2022 INSC 257Disposed off

Sukhdarshan Singh, a clerk in the Punjab State Transport Department, was suspended in 1986 following an FIR and later removed from service in 2003 after a criminal conviction under Sections 324 and 506 of the IPC. The appellate authority set aside the termination but ordered that he receive no …

RAMA NEGIversusUNION OF INDIA & ORS.

2022 INSC 252Appeal(s) allowed

Rama Negi, a civil servant of the Cantonment Board, Ranikhet, was promoted to the selection post of Office Superintendent. Respondent No.3, Gopal Ram Arya, challenged the promotion, claiming seniority based on earlier entry into service and arguing that the higher pay scale of Negi should not …

RAJBIRversusSURAJ BHAN & ANR

2022 INSC 247Appeal(s) allowed

The appellant, Rajbir, entered into a sale agreement which later resulted in a suit for specific performance. The trial court decreed that the respondents, Suraj Bhan and others, must execute a sale deed in favour of the appellant and deposit the balance consideration. The respondents filed an …

CHANDRA SEKHAR JHAversusUNION OF INDIA & ANR.

2022 INSC 246Dismissed

Chandra Sekhar Jha was intercepted in 2013 while smuggling gold and was penalised Rs 75 lakhs. He appealed the penalty before the Customs, Excise and Service Tax Appellate Tribunal in 2017, but the Tribunal dismissed the appeal because he had not made the pre‑deposit required under Section 129E of …

GOWRAMMA C (DEAD) BY LRSversusMANAGER (PERSONNEL) HINDUSTAN AERONAUTICAL LTD. & ANR.

2022 INSC 226Case Partly allowed

Gowramma C, a staff nurse employed by Hindustan Aeronautical Ltd., was dismissed after a Tahasildar declared her caste certificate false, leading to loss of employment. The High Court initially upheld the dismissal, but a Division Bench later held the Tahasildar incompetent and directed verification …

HEERA TRADERSversusKAMLA JAIN

2022 INSC 219Case Partly allowed

Heera Traders and another appealed against a decree of eviction passed by the trial court under the Madhya Pradesh Accommodation Control Act, 1961. The landlord, Kamla Jain, sought possession of non‑residential premises and mesne profits, while the tenants argued that Section 13 of the Act, which …

JAYASHREEversusTHE DIRECTOR COLLEGIATE EDUCATION

2022 INSC 218Disposed off

Jayashree was appointed to a civil post in Karnataka under the Scheduled Tribe reservation based on a caste certificate obtained before the enactment of the Karnataka SC/ST OBC Reservation Act, 1990. Subsequent scrutiny found that she did not belong to the Scheduled Tribe community and she had not …

SUNIL KUMAR RAI & ORS.versusTHE STATE OF BIHAR & ORS.

2022 INSC 212Appeal(s) allowed

The petitioners, members of the Lohar community in Bihar, challenged a 2016 Bihar Government notification that authorised the issuance of Scheduled Tribe certificates to the Lohar (also referred to as Lohara) community, alleging it was illegal and violated their fundamental rights. They sought …

HOTEL PRIYA, A PROPRIETORSHIPversusSTATE OF MAHARASHTRA & ORS.

2022 INSC 206Appeal(s) allowed

The appellants, owners of orchestra bars, challenged licence conditions imposed by the Maharashtra Police Commissioner that limited the number of performers to eight, with a gender cap of four women and four men on stage. The High Court upheld the conditions, but the Supreme Court held that the …

REGIONAL TRANSPORT AUTHORITY & ANR.versusSHAJU ETC

2022 INSC 196Appeal(s) allowed

The Regional Transport Authority sought to replace a stage‑carriage vehicle under a permit, but the applicant's request to use an older vehicle was rejected under Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989. The High Court held the rule ultra‑vires the Motor Vehicles Act, 1988, a view the …

B. R. PATILversusTULSA Y. SAWKAR & ORS.

2022 INSC 165Dismissed

The appeal concerned a partition suit filed by the sisters of the deceased R.M. Patil seeking one‑fifth shares in five properties alleged to be self‑acquired by him. The appellant argued that the suit should fail for non‑joinder of his uncle, for omission of certain properties, and on the ground of …

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA)versusYUNUS & ORS.

2022 INSC 142Appeal(s) allowed

The dispute arose from a land acquisition notification where the original compensation award was Rs.24,033 per bigha. The respondents did not file an application under Section 18 of the Land Acquisition Act, but later a reference was made and a Lok Adalat, under Section 20 of the Legal Services …

N. RAJENDRANversusS. VALLI

2022 INSC 140Disposed off

The husband (appellant) filed for divorce on the ground of cruelty after his wife (respondent) left him and returned to her parental home. The Family Court granted the decree of dissolution, but the wife appealed to the High Court under Section 19 of the Family Courts Act; the appeal was filed on …

THE STATE OF RAJASTHAN & ANR.versusANJU RINI SAINI

2022 INSC 137Appeal(s) allowed

The State of Rajasthan advertised vacancies for Lower Division Clerk (LDC) in 2013, requiring candidates to possess the Rajasthan State Certificate in Information Technology (RSCIT) by 22 March 2013. The respondent, a widow, applied after the deadline without the RSCIT qualification and was …

UNITED BANK OF INDIAversusBISWANATH BHATTACHARJEE

2022 INSC 117Dismissed

The appellant, United Bank of India, dismissed Biswanath Bhattacharjee, a former branch manager, on five charges including non‑recording of a subsidy, disbursement to fictitious beneficiaries, misappropriation of loan and subsidy amounts, removal of documents and unauthorized demand‑draft transfers. …

AMAR NATH (DEAD) THROUGH L.R.versusGIAN CHAND AND ORS.

2022 INSC 106Appeal(s) allowed

The plaintiff, Amar Nath, executed a special power of attorney (PoA) on 28‑01‑1987 in favour of the second defendant to sell his land for Rs.55,000. When the first defendant could not pay, the second defendant allegedly returned the PoA on 02‑02‑1987 and the plaintiff claimed it was cancelled, yet …

SUSHIL KUMARversusTHE STATE OF HARYANA & ORS

2022 INSC 67Dismissed

Sushil Kumar, a constable appointed in 1995, was recommended by the Superintendent of Police (SP) for promotion to Head Constable under the 10% outstanding performance quota in 2004, but the Inspector General of Police (IG) rejected his name. He was again recommended in 2007, the IG approved, and he …

G.T. GIRISHversusY. SUBBA RAJU (D) BY LRS AND ANOTHER

2022 INSC 51Appeal(s) allowed

The Bangalore Development Authority (BDA) allotted a residential site to the first defendant in 1979, obligating her to construct a house within two years under the City of Bangalore Improvement (Allotment of Sites) Rules, 1972. In 1982 she entered into an agreement with the plaintiff to sell the …

PRADEEP S/O RAJKUMAR JAINversusMANGANESE ORE (INDIA) LIMITED & ORS.

2021 INSC 864Case Partly allowed

The appellant, a qualified Chartered Accountant, was appointed Manager (Finance) and later Deputy Chief (Finance) at Manganese Ore (India) Ltd. He was suspended and subsequently dismissed following a series of show-cause notices after reporting late to work due to his father's death. The High Court …

COMMISSIONER OF GST AND CENTRAL EXCISEversusM/S CITI BANK N. A.

2021 INSC 857Matter referred to larger bench

The Commissioner of Service Tax issued show‑cause notices to Citibank alleging that the Rs 2 interchange fee it earned as an issuing bank on credit‑card transactions was taxable service income. Citibank contended that it performed no service, that the fee was interest, and that tax had already been …

JACOB PUNNEN & ANR.versusUNITED INDIA INSURANCE CO. LTD.

2021 INSC 853Appeal(s) allowed

The appellants held an annual medical insurance policy with United India Insurance that was renewed each year. For the 2008‑09 renewal the insurer introduced a cap on coverage for certain procedures, notably angioplasty, without informing the policyholders, who believed they were merely renewing the …

THE STATE BY S.P. THROUGH THE SPE CBIversusUTTAMCHAND BOHRA

2021 INSC 855Dismissed

The CBI alleged that Uttamchand Bohra aided a senior income‑tax officer (A‑1) in acquiring a flat through a company, thereby helping the officer amass assets disproportionate to his known income. The prosecution’s case rested on Bohra’s custody of the sale deed and the fact that his employee …

MAHESH KUMAR AGARWAL (DEAD) BY LRSversusNARESH CHANDRA & ORS.

2021 INSC 843Appeal(s) allowed

The landlord served a legal notice on 22‑12‑2007 under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, terminating the tenancy within 30 days. An eviction application was filed on 20‑11‑2008, well after the six‑month period prescribed in the …

HAMID ALI KHAN (D) THROUGH LRS. & ANR.versusSTATE OF U.P. & ORS.

2021 INSC 774Appeal(s) allowed

The appellants challenged the acquisition of their land for a residential‑commercial scheme, arguing that the State had improperly invoked the urgency clause under Section 17(4) of the Land Acquisition Act, 1894 to dispense with the hearing mandated by Section 5A. The High Court had dismissed the …

ASSA SINGH (D) BY LRS.versusSHANTI PARSHAD (D) BY LRS. & OTHERS

2021 INSC 743Dismissed

The appellants, claiming to have purchased land from a Mahant, obtained an order of ejectment against the respondent tenant under Section 14A of the Punjab Security of Land Tenures Act, 1953. The tenant contested the existence of a landlord‑tenant relationship, arguing that the Mahant had no …

ALI AHMADversusTHE STATE OF BIHAR & ANR.

2021 INSC 723Appeal(s) allowed

The appellants, who were convicted of murder under Section 302 IPC and sentenced to life imprisonment, were released on bail by the High Court under Section 389 of the CrPC while their appeals were pending. The complainant challenged this release, contending that the High Court failed to comply with …

P.B. NAYAK & ORS.versusMANAGING DIRECTOR, BHILAI STEEL PLANT & ORS.

2021 INSC 670Dismissed

The appellants, employees of a canteen operating in the Steel Club of Bhilai Steel Plant, challenged their dismissal under Section 58 of the Madhya Pradesh Shops and Establishments Act, 1958, arguing that the Act applied to the club. The respondents contended that the club was a "club not being a …

KORUKONDA CHALAPATHI RAO & ANR.versusKORUKONDA ANNAPURNA SAMPATH KUMAR

2021 INSC 586Appeal(s) allowed

The dispute arose from a partition of family property where the respondent sought a declaration of title and eviction of the appellants. The appellants relied on a family settlement document (Khararunama) dated 15‑04‑1986 and a receipt of Rs.2,00,000 as evidence of the parties' past arrangements. …

ANAPURNA JAISWALversusINDIAN OIL CORPORATION LTD. AND ORS.

2021 INSC 583Dismissed

The Indian Oil Corporation advertised for petrol pump dealerships in October 2011. Anapurna Jaiswal applied on 11 November 2011 and was placed first, leading to a lease deed dated 8 November 2011. The lease stipulated that its term of 30 years would commence only upon approval of the petrol pump, …

AVTAR SINGH & ORS.versusBIMLA DEVI & ORS.

2021 INSC 569Appeal(s) allowed

The dispute concerned a property on GT Road, Shahabad Markanda, where the plaintiffs alleged that the defendants had illegally broken the lintel of the first‑floor roof and constructed a staircase to take possession of their house. The trial court and the first appellate court, after considering the …

NATIONAL HIGHWAYS AUTHORITY OF INDIA & OTHERSversusMADHUKAR KUMAR & OTHERS

2021 INSC 532Appeal(s) allowed

The National Highways Authority of India (NHAI) proposed a toll plaza at km 194 on the four‑laned Patna‑Bakhtiyarpur stretch of NH‑30. Writ petitioners contended that the location violated Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 because it lay within …

RAJASTHAN HIGH COURT, JODHPURversusAKASHDEEP MORYA & ANR.

2021 INSC 485Appeal(s) allowed

Akashdeep Morya applied for appointment as a Civil Judge (Junior Division) in Rajasthan. Four FIRs were lodged against him, charging him with offences under sections 324, 323, 341, 148, 149, 504 and 34 of the IPC; he was acquitted in all cases, but the acquittals were based on compromise and hostile …

MOHD. RAFIQ @ KALLUversusTHE STATE OF MADHYA PRADESH

2021 INSC 481Appeal(s) allowed

The appellant, a truck driver, was stopped by Sub‑Inspector D.K. Tiwari who attempted to board the vehicle; the appellant pushed the officer, causing him to fall off and be run over by the truck's rear wheels, resulting in the officer's death. The trial court convicted the appellant of murder under …

RAMESH CHANDRA SRIVASTAVAversusTHE STATE OF U. P. & ANR.

2021 INSC 470Appeal(s) allowed

The wife of a deceased driver filed an FIR alleging that her husband was murdered by his employer, the appellant, with the help of friends. Based on her deposition, the prosecution invoked Section 319 of the Code of Criminal Procedure to summon the appellant, and the Sessions Judge ordered the …

RANBIR SINGHversusEXECUTIVE ENG. P.W.D

2021 INSC 439Case Partly allowed

Ranbir Singh, a daily‑wage worker employed by the Executive Engineering Public Works Department, was terminated in 1991 without the notice and retrenchment compensation mandated by Section 25F of the Industrial Disputes Act, 1947. The Labour Court held the termination illegal and ordered his …

COMMISSIONER OF POLICEversusRAJ KUMAR

2021 INSC 423Appeal(s) allowed

The Commissioner of Police, Delhi appealed against a Delhi High Court order that directed the consideration of four candidates (Raj Kumar, Shiv Singh, Prem Singh Choudhary and Deepa Tomar) for appointment as constables despite their involvement in criminal cases. The candidates had either been …

GUNASEKARANversusTHE DIVISIONAL ENGINEER NATIONAL HIGHWAYS & ORS.

2021 INSC 420

The appellants were served with show‑cause notices alleging encroachment on land forming part of a National Highway. The notices were issued under Section 28(2)(iii) of the Tamil Nadu State Highway Act, 2001 and were said to be backed by a notification issued under Section 5 of the National Highways …

CENTRAL GOVT. OF INDIAversusRAJ DEVI ALIAS RAJ KUMARI & ANR.

2021 INSC 383Leave Granted & Allowed

The Central Government appealed against a High Court order that directed it to pay interest on solatium to Raj Devi from the date she was deprived of possession (16‑06‑1990). The Government argued that, per Gurpreet Singh v. Union of India, interest on solatium could only be awarded from the date of …

MUNISH KAKKARversusNIDHI KAKKAR

2019 INSC 1384

Munish Kakkar filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging cruelty, extra‑marital affairs, and a child out of wedlock, after a marriage that had effectively collapsed with the parties living apart for over sixteen years. The trial court granted a decree of …

ANDHRA PRADESH PUBLIC SERVICEversusKOTA LINGESWARA RAO & ORS.

2019 INSC 1360Appeal(s) allowed

The Andhra Pradesh Public Service Commission (APPSC) conducted a recruitment test for Junior Lecturer in Mathematics and selected G.V. Ramakrishna Sagar, who later declined to join. The next‑highest scorer, Respondent No.1, waited four years and filed an application before the AP Administrative …

GOOGLE INDIA PRIVATE LIMITEDversusM/S. VISAKHA INDUSTRIES

2019 INSC 1352Disposed off

The appellant, Google India Private Limited, was summoned under a criminal complaint alleging defamation (IPC ss.120B, 500, 501 r/w s.34) for articles posted in a Google Group hosted by it. It filed a petition under CrPC s.482 seeking to quash the summons, arguing it was not an intermediary and that …

YASHWANT SINHA & ORS.versusCENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR.

2019 INSC 1242Disposed off

The Supreme Court entertained a review application filed by the Union of India seeking correction of two sentences in paragraph 25 of its 14‑December‑2018 judgment on the Rafale fighter‑jet procurement, and also considered the petitioners' claim that the Court had failed to order registration of an …

NAVAL KISHORE MISHRAversusSTATE OF U.P. & ORS.

2019 INSC 725

The victim, the brother and legal heir of a deceased murder victim, challenged the trial court's acquittal of the accused under Sections 452, 302/34 IPC. The State sought leave to appeal under Section 372 read with Section 378 of the CrPC, which was denied. The victim filed an appeal under the …

ALOK KUMAR VERMAversusUNION OF INDIA & ANR.

2019 INSC 36Disposed off

The Central Vigilance Commission (CVC) and the Government of India issued orders on 23 October 2018 divesting Director Alok Kumar Verma of the Central Bureau of Investigation (CBI) of his powers, functions and supervisory role. The Director challenged the legality of these orders, arguing that under …