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K S RADHAKRISHNAN

245 judgments · newest first · showing 201–245

PUBLIC UNION FOR CIVIL LIBERTIESversusSTATE OF TAMIL NADU & ORS.

2012 INSC 472Disposed off

The Public Union for Civil Liberties filed a public‑interest writ petition seeking enforcement of the Bonded Labour System (Abolition) Act, 1976 and the rehabilitation of freed bonded labourers. The Supreme Court examined the persistent non‑compliance of several states and Union Territories with …

UCO BANK & ORS.versusSUSHIL KUMAR SAHA

2012 INSC 474Appeal(s) allowed

The respondent, a senior manager of UCO Bank, was transferred to the head office where the bank discovered serious loan sanctioning irregularities committed during his tenure at a branch. The bank issued a charge‑sheet and, under a 2004 note and circular, the Assistant General Manager (AGM) of the …

PRATAPBHAI HAMIRBHAI SOLANKIversusSTATE OF GUJARAT AND ANOTHER

2012 INSC 471Disposed off

The appellant, Pratapbhai Hamirbai Solanki, was accused of conspiring to murder an RTI activist and was charged under Sections 302, 201 and 120‑B IPC and Sections 25(1)(b) and 27 of the Arms Act. Bail applications before the Sessions Court and the Gujarat High Court were rejected. After the High …

PARAS NATH RAI AND OTHERSversusSTATE OF BIHAR AND ORS.

2012 INSC 457Appeal(s) allowed

A partition suit filed by the father of the appellants was dismissed by the trial court for procedural defects. The appellants filed title appeals, but while the appeals were pending the State issued a notification under Section 3 of the Bihar Consolidation of Holdings and Prevention of …

ENVIRONMENT & CONSUMER PROTECTION FOUNDATIONversusDELHI ADMINISTRATION & ORS.

2012 INSC 442Disposed off

The Environment & Consumer Protection Foundation filed a writ petition under Article 32 seeking directions to improve basic infrastructure in government, aided and locally‑run schools so that the right to free and compulsory education under Article 21A could be realised. While the petition was …

M.R. PRABHAKAR AND OTHERSversusCANARA BANK AND OTHERS

2012 INSC 443Dismissed

The appellants were officers of Canara Bank who resigned between 1986 and June 1993, i.e., before the statutory settlement dated 29‑Oct‑1993 and the Canara Bank Employees' Pension Regulations, 1995 came into force. They claimed entitlement to a pension in lieu of the Contributory Providable Fund, …

GIRISH RAMCHANDRA DESHPANDEversusCEN. INFORMATION COMMR. & ORS.

2012 INSC 445Dismissed

The petitioner filed an RTI application seeking the third respondent's service records, disciplinary memos, and details of his assets and gifts, most of which were contained in his income‑tax returns. The Central Information Commissioner (CIC) held that the requested information fell within the …

MANUBHAI RATILAL PATEL TR. USHABENversusSTATE OF GUJARAT & ORS.

2012 INSC 438Dismissed

An FIR for offences under sections 467, 468, 471, 409 and 114 IPC was filed against the appellant. He sought quashing of the FIR and a stay of investigation under Section 482 CrPC, but was arrested before the stay order took effect. The magistrate remanded him to police custody and later to judicial …

STATE OF MADHYA PRADESHversusSURENDRA KORI

2012 INSC 427Appeal(s) allowed

The State of Madhya Pradesh alleged that Surendra Kori, a Deputy Registrar, facilitated the registration of over one hundred forged sale deeds to enable fictitious buyers to claim benefits under a Special Rehabilitation Package for the Sardar Sarovar Project. FIRs and charge‑sheets were filed under …

STATE OF RAJASTHAN AND ORS.versusAANJANEY ORGANIC HERBAL PVT. LTD

2012 INSC 412Appeal(s) allowed

The State of Rajasthan challenged a sale of land by members of a Scheduled Caste to Aanjaney Organic Herbal Pvt. Ltd., a private limited company, on the ground that Section 42(b) of the Rajasthan Tenancy Act, 1955 renders such a transfer void. The company argued that the term "person" in the …

ASH MOHAMMADversusSHIV RAJ SINGH @ LALLA BABU AND ANR.

2012 INSC 414Appeal(s) allowed

The appellant lodged an FIR alleging that the accused, Shiv Raj Singh (alias Lalla Babu), a known history‑sheeter, orchestrated the kidnapping, confinement for eight days and assault of Bihari Lal under threat, offences punishable under Sections 364 and 506 IPC. The trial court denied bail, but the …

ASHWANI KUMAR SAXENAversusSTATE OF M.P.

2012 INSC 395Appeal(s) allowed

The appellant, Ashwani Kumar Saxena, was convicted of murder under IPC s.302 r.w. s.27 Arms Act and appealed, claiming he was a juvenile at the time of the offence (19‑Oct‑2008). He produced school mark‑sheets and the school admission register showing a birth date of 24‑Oct‑1990, while the trial …

STATE OF UTTARAKHAND (PREVIOUSLY STATE OF UTTAR PRADESH)versusMOHAN SINGH & OTHERS

2012 INSC 390Appeal(s) allowed

The State of Uttarakhand appealed against the Board of Revenue’s order that had allowed a second appeal under Section 331(4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, declaring that respondents had acquired Bhumidar rights by adverse possession. The Supreme Court examined …

FAIZA CHOUDHARYversusSTATE OF JAMMU AND KASHMIR AND ANR.

2012 INSC 381Dismissed

In 2010, the Jammu & Kashmir Board of Professional Entrance Examination had to fill 15 MBBS seats reserved for the Scheduled Tribe Gujjar Bakerwal (STGB) category, with a 15th odd seat earmarked for a female candidate. The seat remained vacant after a male candidate's writ petition was dismissed, …

M/S. MICRO HOTEL P. LTD.versusM/S. HOTEL TORRENTO LIMITED & ORS.

2012 INSC 380Appeal(s) allowed

The State Financial Corporation (OSFC) and IPICOL financed a hotel project of MIS. MICRO HOTEL P. Ltd. (the borrower) which defaulted on loan repayments. The corporations offered One‑Time Settlement (OTS) schemes in 2006 and 2007, which the borrower failed to meet, leading to withdrawal of the …

STATE OF KERALA AND OTHERSversusTHE TRIBAL MISSION

2012 INSC 375Disposed off

The Tribal Mission established an unaided English‑medium school in Kerala in 2001 and applied for state recognition in 2003. The Government, relying on its 2007 policy and the Kerala Education Rules (KER) 1959, rejected the application, noting that three recognized schools existed nearby and that …

GURGAON GRAMIN BANKversusSMT. KHAZANI & ANR.

2012 INSC 372Dismissed

Smt. Khazani obtained a loan from Gurgaon Gramin Bank to purchase a buffalo and insured the animal for Rs.15,000 with New India Assurance. After the buffalo died, the bank failed to process her insurance claim, prompting her to file a complaint before the District Consumer Disputes Redressal Forum, …

JODHBIR SINGHversusSTATE OF PUNJAB

2012 INSC 371Appeal(s) allowed

Jodhbir Singh was arrested for possession of 2 kg of heroin under the NDPS Act. He claimed to be a juvenile at the time of the offence, producing a school leaving certificate and a State Council certificate showing his date of birth as 20‑07‑1996. The Sessions Court and the High Court rejected his …

STATE OF M.P.versusAYUB KHAN

2012 INSC 360Appeal(s) allowed

Ayub Khan was apprehended in Guna, Madhya Pradesh, possessing a country‑made barrel gun, two bullets and 50 grams of explosives without a licence. He was convicted under Section 25(1)(a) of the Arms Act, 1959 and the trial court sentenced him to one year of rigorous imprisonment with a fine of …

GURU BASAVARAJ @ BEENE SETTAPPAversusSTATE OF KARNATAKA

2012 INSC 356Dismissed

Guru BasavaraJ @ Beene Settappa, the driver of a tractor‑trailer, was convicted under IPC sections 279, 337, 338 and 304‑A and Motor Vehicles Act section 187 for a highway accident that caused multiple injuries and one death. The accused claimed the crash resulted from mechanical failure and argued …

GHANSHYAM DASS GUPTAversusMAKHAN LAL

2012 INSC 343Appeal(s) allowed

The appellant filed an appeal in the Delhi High Court but, due to a clerical error, the vakalatnama of his new counsel was not filed and no lawyer appeared for either party at the final hearing. Despite the absence of representation, the High Court examined the merits of the case and dismissed the …

CHANDI PRASAD UNIYAL AND ORS.versusSTATE OF UTTARAKHAND AND ORS.

2012 INSC 340Dismissed

The appellants, teachers and principals, challenged a High Court order directing recovery of excess salary paid due to irregular fixation of the 5th and 6th Pay Commission scales. The Supreme Court examined whether over‑payment made without any fraud or misrepresentation on the part of the employees …

PUNJAB URBAN PLANNING & DEV. AUTHORITY & ORS.versusRAGHU NATH GUPTA & ORS.

2012 INSC 332Appeal(s) allowed

The Punjab Urban Planning & Development Authority (PUDA) conducted a public auction of commercial plots on an "as is where is" basis, offering installment payment with interest, penal interest and penalty for delayed installments. The successful bidder, Raghu Nath Gupta, accepted the allotment and …

SATYAPRATA SAHOO & ORS.versusSTATE OF ORISSA & ORS.

2012 INSC 318Appeal(s) allowed

The appellants, who qualified for postgraduate medical courses in Odisha as direct (open) candidates, challenged Clause 11.2 of the prospectus and the third proviso to Clause 9(2)(d) of the MCI regulations that gave additional weightage to in‑service candidates applying through the open category. …

DR. MEHMOOD NAYYAR AZAMversusSTATE OF CHATTISGARH AND ORS.

2012 INSC 319Appeal(s) allowed

Dr. Mehmoood Nayar Azam, an Ayurvedic doctor and social activist, was arrested and taken into police custody where he was forced to hold a placard with self‑condemning words and photographed; the photograph was later circulated, causing humiliation and mental trauma. The High Court found that he had …

JAGROOP SINGHversusSTATE OF PUNJAB

2012 INSC 296Dismissed

The appellant Jagroop Singh was convicted of murder under IPC sections 302, 34 and 201 based on circumstantial evidence that the victim was last seen with the accused, voluntary extra‑judicial confessions, and the recovery of a blood‑stained spade. The appellant challenged the conviction, arguing …

AJAY PANDIT @ JAGDISH DAYABHAI PATEL & ANR.versusSTATE OF MAHARASHTRA

2012 INSC 289Case Partly allowed

The accused, a dentist, lured vulnerable individuals with false promises of sending them to America, extracted large sums of money and murdered two victims in separate incidents while attempting to murder two others. Conviction under sections 419, 420, 302, 307, 397, 342 and 328 IPC was upheld based …

RASHMI REKHA THATOI & ANR.versusSTATE OF ORISSA & ORS.

2012 INSC 202Disposed off

The Supreme Court examined whether a High Court could, while refusing anticipatory bail under Section 438 of the Code of Criminal Procedure, direct that the accused would be released on bail by a magistrate upon surrender. The Court held that such a blanket direction is beyond the statutory mandate …

ARJUNversusSTATE OF MAHARASHTRA

2012 INSC 199Disposed off

The appellant, Arjun, was convicted of murder (s.302 IPC) and causing grievous hurt (s.326 IPC) after he attacked Jagannath and his family during a property dispute, using a large knife to inflict fatal head injuries on the deceased and injuries on the deceased's wife. The appellant claimed he acted …

DEEPAK KUMAR ETC.versusSTATE OF HARYANA AND ORS. ETC.

2012 INSC 113Hearing Adjourned

The Supreme Court examined the validity of auction notices issued by the Haryana government for the extraction of minor minerals (boulders, gravel, sand) in parcels not exceeding 5 hectares, including river‑bed mining. Petitioners argued that the notices were issued without any environmental impact …

T.N. GODAVARMAN THIRUMALPADversusUNION OF INDIA & OTHERS

2012 INSC 89Disposed off

The Supreme Court examined petitions seeking to declare sandalwood (Santalum album) and red sandalwood (Pterocarpus santalinus) as "specified plants" under Section 2(27) of the Wildlife (Protection) Act, 1972 and to include them in Schedule VI. The Court noted that while Indian sandalwood is listed …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & OTHERS

2012 INSC 87Disposed off

The petitioners sought a direction to the Union of India and the State of Chhattisgarh to prepare and fund a rescue plan for the endangered Asiatic Wild Buffalo, to prevent inter‑breeding with domestic buffalo and to relocate villages from Udanti Wildlife Sanctuary. The State of Chhattisgarh argued …

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2011 INSC 280Disposed off

The Supreme Court examined the implementation of the High Security Registration Plates (HSRP) scheme introduced under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1989. While earlier judgments upheld the Central Government's power to issue the scheme, many states failed to comply, …

MINERAL AREA DEVELOPMENT AUTHORITY ETC.versusM/S. STEEL AUTHORITY OF INDIA AND ORS.

2011 INSC 237Matter referred to larger bench

The Supreme Court, hearing a civil appeal filed by the Mineral Area Development Authority against the Steel Authority of India, noted a conflict between two earlier decisions—one by a five‑Judge Bench in State of West Bengal v. Kesoram Industries Ltd. and another by a seven‑Judge Bench in India …

JOYDEEP MUKHARJEEversusSTATE OF WEST BENGAL & ORS.

2011 INSC 94Dismissed

The petitioner, Joydeep Mukharjee, filed a public interest litigation challenging the allotment of government lands in Salt Lake City, Kolkata, alleging that the Chief Minister's use of a discretionary quota was arbitrary, illegal, and violated the Master Plan as well as Articles 14 and 21 of the …

NANHAR AND ORS.versusSTATE OF HARYANA

2010 INSC 343Appeal(s) allowed

The appellants Nanhar and others were convicted for the murder of Vijay under Sections 302 and 149 of the IPC, primarily on the basis of a note recovered from the deceased's pocket that the trial court treated as a dying declaration, and on circumstantial evidence. The Supreme Court held that the …

IMPROVEMENT TRUST, LUDHIANA ETC.versusUJAGAR SINGH & ORS. ETC.

2010 INSC 342Disposed off

The Improvement Trust, Ludhiana, acquired land and was awarded compensation which it failed to pay, leading to the attachment and auction of the property in 1992. The auction purchaser, Jagan Singh & Co., paid Rs.22.65 lakh, but the Trust later filed objections under Order 21 Rule 90 CPC, which were …

AVINASH CHAND & ORS.versusAGRICULTURAL PRODUCE MARKET COMMITTEES

2010 INSC 279Dismissed

The appellants, who had been working as auctioneers on a commission basis in the Kaithal Market Committee since 1963‑64, were terminated in 2000 after the Chief Administrator of the Haryana State Agricultural Board reiterated a 1982 directive that auctioneers should not work beyond the age of 60. …

S.K. DASGUPTA & ORS.versusVIJAY SINGH SENGAR & ORS.

2010 INSC 275Appeal(s) allowed

Vijay Singh Sengar filed a public interest writ petition alleging that power cuts in Madhya Pradesh were endangering patients in government hospitals and disrupting street lighting. The Madhya Pradesh High Court issued interim orders directing the State Electricity Board to provide round‑the‑clock …

SRI JEYARAM EDUCATIONAL TRUST AND ORS.versusA.G. SYED MOHIDEEN AND ORS.

2010 INSC 52Dismissed

The respondents instituted a suit under Section 92 of the Code of Civil Procedure (CPC) before the District Court in Tamil Nadu, seeking relief concerning a public trust. The appellants argued that a 1960 notification empowering Subordinate Courts under Section 92 removed the District Court's …