Created by Fuzzy Cloud

K T THOMAS

328 judgments · newest first · showing 1–200

KHAZAN SINGH (DEAD) BY LRS.versusUNION OF INDIA

2002 INSC 46Appeal(s) allowed

The land of the deceased Khazan Singh was acquired under the Land Acquisition Act, 1894 and an award fixing compensation was made by the Collector. Dissatisfied, Khazan Singh filed an application under Section 18 of the Act for a reference to a Civil Court, which the Collector made. The Civil Court …

UNITED INDIA INSURANCE CO. LTD.versusBHUSHAN SACHDEVA AND ORS.

2002 INSC 34Disposed off

The Motor Accident Claims Tribunal awarded Rs. 12.53 lakh in compensation for a 1994 accident, directing United India Insurance Co. to pay the amount jointly with the driver, while the insured driver did not appeal. United India Insurance Co. filed a revision petition under Article 227 of the …

PANDURANG KALU PATIL AND ANR.versusSTATE OF MAHARASHTRA

2002 INSC 32Disposed off

A1, A2 and A3, armed with guns, chased Ramdas and his brother Narayan and shot them; Ramdas died while Narayan survived. The trial court convicted A1 and A3 for murder under s.302 IPC, A2 for attempt to murder under s.307 IPC and acquitted A4 and A6 who carried knives. The High Court upgraded A2’s …

SUGANTHI SURESH KUMARversusJAGDEESHAN

2002 INSC 27Disposed off

The complainant S.S. Kumar filed a criminal revision against the conviction of Jagdeeshan under Section 138 of the Negotiable Instruments Act for two dishonoured cheques amounting to Rs. 4,50,000. The trial magistrate sentenced the accused to imprisonment till the rising of the court and a fine of …

M.P. ELECTRICITY BOARDversusSHAIL KUMARI AND ORS.

2002 INSC 21Dismissed

The Madhya Pradesh Electricity Board (MPEB) was sued by the dependents of a workman who died after riding over a live electric wire that had fallen on a rain‑soaked road. The Board argued that the wire fell because a third party had illegally tapped the line, invoking the "act of a stranger" …

PREM BAKSHI AND ORS.versusDHARAM DEV AND ORS.

2002 INSC 11Appeal(s) allowed

The appellants, legal heirs of mortgagees, filed a suit for declaration of joint ownership of mortgaged land and an injunction against the respondent who had his name entered in revenue records. They later sought to amend the plaint under Order 6 Rule 17 CPC to include facts about a prior …

HARISH CHANDRA TIWARIversusBAIJU

2002 INSC 8Disposed off

Harish Chandra Tiwari, an advocate, withdrew Rs 8118 compensation payable to his client Baiju in a land‑acquisition case and failed to return it. He further filed a forged affidavit claiming a settlement with the client. The Disciplinary Committee of the Bar Council of India found him guilty of …

FATHER THOMAS SHINGARE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2001 INSC 608Disposed off

The father of a student filed a criminal complaint under Section 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987, alleging that a minority‑run unaided school had collected amounts in excess of the prescribed fee rates. The Magistrate took cognizance, and the …

KARI CHOUDHARYversusMOST. SITA DEVI AND ORS.

2001 INSC 603Appeal(s) allowed

The brother of the deceased appealed against the Patna High Court’s order quashing criminal proceedings against the mother‑in‑law, Sita Devi, and others. Sita Devi had originally lodged FIR No. 135 alleging outsiders murdered her daughter‑in‑law, but police later discovered that the murder was a …

SURESH CHANDRA PODDARversusDHANI RAM AND ORS.

2001 INSC 599Disposed off

The Central Administrative Tribunal (CAT) ordered a fresh seniority list on 3 November 1999 without fixing a time‑limit for compliance. The Director of Education complied on 27 October 2000, while the order was simultaneously challenged before the Delhi High Court under Article 226. Despite the …

KUNJAN VASUversusMADHAVAN ACHARI AND ORS.

2001 INSC 591Appeal(s) allowed

The appellant, a Kudikidappukaran, occupied a hut (Kudikidappu) on land belonging to the first respondent. He was permitted to occupy the hut by a mortgagee who held a mortgage over only two cents of the land. The appellant applied to purchase ten cents of land adjoining his Kudikidappu, as provided …

STATE OF MAHARASHTRAversusMRS. BHARATI CHANDMAL VARMA @AYESHA KHAN

2001 INSC 592Dismissed

The respondent, Ayesha Khan (also known as Bharati Chandmal Varma), was arrested on 1 April 2001 for several IPC offences and remanded on 2 April. During investigation, authorities discovered organised crime offences under the Maharashtra Control of Organised Crime Act, 1999 (MCOC) and obtained …

STATE OF BIHAR AND ANR.versusMD. KHALIQUE AND ANR.

2001 INSC 584Appeal(s) allowed

The State of Bihar filed an FIR alleging that six government revenue officers colluded with two private individuals to forge assessment orders under the Bihar Land Reforms Act, 1955, thereby misappropriating state funds. The FIR, registered under IPC sections 419, 420, 467 and 120B, named eight …

PRITISHversusSTATE OF MAHARASHTRA AND ORS.

2001 INSC 576Dismissed

The appellant, a beneficiary of an enhanced compensation award in a land‑acquisition case, was found by the reference court to have used forged documents and was directed to be prosecuted under Section 340 of the Criminal Procedure Code, 1973. He appealed to the High Court under Section 341, …

SRINIWAS RAMNATH KHATODversusSTATE OF MAHARSHTRA AND ORS.

2001 INSC 571Dismissed

The appellant's land was acquired under the Land Acquisition Act, 1894. A notification under s.4 was last published on 30‑Jan‑1986 and a declaration under s.6 was made on 29‑Jan‑1987, with its first newspaper publication on 30‑Jan‑1987 and later publication in the Official Gazette on 19‑Mar‑1987. …

M/S. M.M.T.C. LTD. AND ANR.versusM/S. MEDCHL CHEMICALS AND PHARMA (P) LTD. AND ANR.

2001 INSC 572Disposed off

The appellant, MMTC Ltd., filed two complaints under Section 138 of the Negotiable Instruments Act against the respondent company for cheques that were returned marked "payment stopped by drawer". The complaints were filed by the appellant’s regional manager, who allegedly lacked authority to …

SHASHI KAPILAversusR.P.ASHWIN

2001 INSC 567Disposed off

The landlord sought eviction of a long‑term tenant under Section 21(1) of the Karnataka Rent Control Act, claiming bona‑fide need for occupation and rent arrears. The tenant argued that the landlord had entered into a sale agreement with a partnership firm of which the tenant was a partner, invoking …

STATE OF MAHARASHTRAversusBHARAT FAKIRA DHIWAR

2001 INSC 549Appeal(s) allowed

The State prosecuted Bharat Fakira Dhivar for the murder and rape of a three‑year‑old girl, Nisha, relying on the testimony of two child witnesses who saw the accused carrying a blood‑stained bag, and on forensic evidence linking the accused to the crime. The trial court convicted the accused under …

NAZIR AHMAD BHAITversusSTATE OF DELHI

2001 INSC 548Dismissed

Nazir Ahmad Bhatti, a bank manager, was arrested after a police raid recovered a cassette, stickers and floppies allegedly containing secessionist material. He gave a confession to the Deputy Commissioner of Police (PW‑4) under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act …

ROSHANDEENversusPREETILAL

2001 INSC 550Appeal(s) allowed

Roshan Deen, a workman injured while operating machinery at Preeti Lal's flour mill, claimed compensation under the Workmen's Compensation Act, 1923. While the claim was pending, the Commissioner dismissed it on the basis of an alleged agreement between the parties that Deen would withdraw his …

VEERA EXPORTSversusT. KALAVATHY

2001 INSC 553Disposed off

The respondent issued eight cheques to the appellant in April 1995, which were dishonoured when presented in May 1995. After being asked for more time, the respondent altered the dates of the cheques to 1996 and presented them again in July 1996, where they were again dishonoured. The appellant …

STATE (DELHI ADMINISTRATION)versusDHARAMPAL

2001 INSC 527Disposed off

The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not …

STATE OF BIHARversusBAIDNATH PRASAD@ BAIDYANATH SHAH AND ANR.

2001 INSC 528Leave Granted & Allowed

An FIR under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was filed in 1991 and a complaint was lodged before a Judicial Magistrate on 13‑01‑1992. After a series of revisions and a long period of inactivity—largely caused by the accused’s own challenges and absence—the case …

K.N.BEENAversusMUNIYAPPAN AND ANR.

2001 INSC 522Leave Granted & Disposed off

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque of Rs.63,720 dated 6 April 1993 issued by the first respondent was dishonoured for insufficient funds. After a legal notice and a reply from the respondent, no payment was made. The trial court …

PATEL HIRALAL JOITARAMversusSTATE OF GUJARAT

2001 INSC 523Dismissed

The appellant, Patel Hiralal Joitaram, was convicted of murder for setting the victim, Asha Ben, ablaze with combustible liquid and a lighter. The victim had given a dying declaration identifying the appellant as her assailant, which the trial court rejected but the High Court admitted, leading to …

MANGILALversusSTATE OF RAJASTHAN AND ANR.

2001 INSC 524Leave Granted & Disposed off

The appellant, father of Munki, filed an FIR alleging that his daughter’s husband (respondent No.2) beat her and forced her to ingest a glass of organo‑phosphorous insecticide. Munki testified that the husband held her nose and poured poison into her mouth, and her father corroborated this account. …

CHANDRA SHEKHAR BIND AND ORS.versusSTATE OF BIHAR

2001 INSC 491Dismissed

Eighteen persons were charged under Sections 302 and 302 read with 149 of the Indian Penal Code for the murder of Parshuram Bind and his father. The prosecution relied mainly on two eyewitnesses, PW5 and PW6, who identified all the accused except for Accused No.12 (not identified by PW5) and Accused …

UNION OF INDIA AND ORS.versusR.K. SHARMA

2001 INSC 492Disposed off

The respondent, a Deputy Commandant of the Assam Rifles, was tried by a General Court Martial (GCM) for four offences under the Army Act, 1950, including disobeying orders, unbecoming conduct, and falsifying official records, and was sentenced to dismissal from service. The High Court set aside the …

PRAVIN C. SHAHversusK.A. MOHD. ALI AND ANR.

2001 INSC 493Disposed off

The Kerala High Court convicted advocate K.A. Mohd. Ali of criminal contempt on two occasions under Section 12 of the Contempt of Courts Act, 1971. Despite the convictions, he continued to appear before courts, prompting the Kerala State Bar Council to bar him from pleading until he "purged" the …

C.B.I., A.H.D., PATNAversusBRAJ BHUSHAN PRASAD AND ORS.

2001 INSC 485Disposed off

The Supreme Court examined whether 36 fodder‑scam cases, originally filed before the Special Court in Patna, were transferred to courts in the newly created State of Jharkhand under Section 89 of the Bihar Reorganisation Act, 2000. The Court held that the word “exclusively” in that provision means …

STATE OF PUNJABversusNAIB DIN

2001 INSC 470Appeal(s) allowed

The State of Punjab convicted Naib Din under Section 9 of the Opium Act for possession of opium, relying in part on affidavits of two police officers who had handled the seized sample. The High Court, on revision, quashed the conviction because the affidavits were not cross‑examined and their …

SATVIR SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.

2001 INSC 464Disposed off

The case involved Tejinder Pal Kaur, who attempted suicide after alleged dowry‑related cruelty by her husband Satvir Singh and his parents. The trial court convicted the accused under Section 116 read with Sections 306 and 304B IPC and under Section 498A IPC. On appeal, the Supreme Court held that …

SATYA NARAYAN SHARMAversusSTATE OF RAJASTHAN

2001 INSC 455Dismissed

The appellant was charged under the Prevention of Corruption Act, 1988 and the IPC, and obtained a stay of trial by filing a petition under CrPC Section 482 in the Rajasthan High Court, which was used to delay the trial for seven years. The High Court dismissed the petition, and the appellant …

RAM GULAM CHAUDHURY AND ORS.versusSTATE OF BIHAR

2001 INSC 456Dismissed

The appellants were convicted of murder (Sec. 302 IPC) and related offences for the killing of Krishnanand Chaudhary, despite the victim's body not being produced. The appellants argued that the prosecution failed to prove the victim's death and that the lack of corpus delicti, non‑examination of …

PUNJAB AND SINDH BANKversusVINKAR SAHAKARI BANK LTD. AND ORS.

2001 INSC 445Appeal(s) allowed

Punjab and Sindh Bank filed a criminal complaint under Section 138 of the Negotiable Instruments Act against Vinkar Sahakari Bank Ltd. and others after a pay order drawn by the latter was dishonoured. The Bombay High Court had quashed the complaint on the ground that the pay order was not a cheque …

RAM PRAKASH PANDEYversusSTATE OF U.P. AND ANR.

2001 INSC 410Appeal(s) allowed

The appellant, husband of a murder victim, challenged the Allahabad High Court's order granting bail to Respondent No.2, a life‑convicted prisoner who, while on bail pending appeal, allegedly murdered the appellant's wife. The High Court had granted bail despite Section 437(2) of the Code of …

RAVINDER KUMAR AND ANR.versusSTATE OF PUNJAB

2001 INSC 414Dismissed

The appellants, Ravinder Kumar and Surinder Kumar, were convicted of murder under Section 302 IPC for killing broker Amar Kumar Gupta, concealing the body in a wooden parcel, and were sentenced to life imprisonment. They appealed, contending that the FIR was filed two days after the crime, that the …

M/S. BHASKAR INDUSTRIES LTD.versusM/S. BHIWANI DENIM AND APPARELS LTD. AND ORS.

2001 INSC 399Appeal(s) allowed

The appellant, Bhaskar Industries Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act before a Judicial Magistrate in Bhopal. The magistrate issued summons, and when the second accused, Bhiwani Denim and Apparels Ltd., failed to appear, he applied for exemption from personal …

STATE OF MADHYA PRADESHversusBHOORAJI AND ORS.

2001 INSC 393Disposed off

The State of Madhya Pradesh appealed a Madhya Pradesh High Court order that quashed the conviction of Bhooraji and others and directed a retrial because the trial had been conducted by a specified Sessions Court without a prior committal order from a magistrate. The accused were charged under the …

HEMANT DHASMANAversusCENTRAL BUREAU OF INVESTIGATION AND ANR.

2001 INSC 374Appeal(s) allowed

Hemant Dhasmana filed a complaint under the Prevention of Corruption Act alleging that the sons of a Chief Commissioner of Income Tax demanded a bribe. The CBI conducted a trap, recovered cash, but its final report exonerated the respondents and accused Dhasmana of false information. The Special …

NAGASHETTYversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

2001 INSC 375Disposed off

The case arose from a road accident in which a tractor pulling a stone‑laden trailer struck two pedestrians, one of whom died. The victims' legal representatives claimed compensation under the Motor Accident Claims Tribunal, which directed the insurer to pay. The insurer appealed, contending that …

STATE OF TAMIL NADUversusKUTTY @ LAKSHMI NARASIMHAN

2001 INSC 356Appeal(s) allowed

The appellant, a watchman, was convicted of murder under Sections 302 and 34 of the IPC and sentenced to death, but the High Court acquitted him on the ground that his judicial confession was retracted and that victim's articles were recovered before the confession. The Supreme Court held that a …

ANIL RAIversusSTATE OF BIHAR

2001 INSC 342Disposed off

The Supreme Court examined appeals by several accused convicted of murder and offences under the Arms Act. It addressed whether the two‑year delay by the Patna High Court in pronouncing its judgment violated the right to speedy justice under Article 21 and the right of appeal. The Court held that …

K.C. SAREENversusC.B.I., CHANDIGARH

2001 INSC 335Dismissed

K.C. Sareen, a Punjab National Bank officer, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and IPC sections 120, 201 and 420 for defrauding the bank and was sentenced to one year of rigorous imprisonment and a fine. He was dismissed from service and appealed to the …

MAHABIR SINGHversusSTATE OF HARYANA

2001 INSC 320Dismissed

The Supreme Court examined the murder trial of Ranbir Singh and three co‑accused, where the trial court convicted Ranbir Singh under Section 302 IPC and acquitted the others, but the High Court reversed the acquittals. The Court held that an omission in a statement under Section 161 CrPC can …

SHAMBHU RAM YADA VversusHANUMAN DAS KHATRY

2001 INSC 318Dismissed

The respondent, an advocate, wrote a letter to his client demanding Rs 10,000 as a bribe to the presiding judge to obtain favorable orders. The State Bar Council found him guilty of misconduct under Section 35 of the Advocates Act, 1961 and suspended him for two years. The Bar Council of India’s …

MAJOR AROON KUMAR SINHAversusUNION OF INDIA AND ORS.

2001 INSC 319Dismissed

Major A.K. Sinha, an Army officer, was not promoted to Lt. Colonel and alleged that adverse remarks in his Annual Confidential Reports (ACRs) were the cause. He filed a statutory complaint under Section 27 of the Army Act in 1996, more than five years after the remarks were communicated, exceeding …

SAPAN KUMAR PANDITversusU.P. STATE ELECTRICITY BOARD AND ORS.

2001 INSC 305Appeal(s) allowed

S.K. Pandit, a clerk dismissed in 1975, claimed his termination was illegal and raised an industrial dispute. Ten other workmen, represented by a union, had earlier raised a similar dispute which was referred to an Industrial Tribunal and resulted in an award. The Board assured Pandit that any …

M/S. UNIPLAS INDIA LTD. AND ORS.versusSTATE (GOVT. OF NCT OF DELHI) AND ANR.

2001 INSC 297Dismissed

The appellants issued two cheques that were dishonoured. The respondent sent a notice under Section 434 of the Companies Act after the 15‑day period, and later presented the cheque again, issuing a second notice within 15 days. The Supreme Court examined whether a notice under Section 434 can …

JOHN THOMASversusDR. K. JAGADEESAN

2001 INSC 293Dismissed

The Madras Times published an article alleging that K.J. Hospital was involved in illegal kidney trafficking. The hospital's Director filed a criminal defamation complaint under Section 500 IPC, asserting that the imputation harmed the hospital and, by extension, himself. The trial magistrate …

STATE OF MAHARASHTRAversusBHARAT CHAGANLAL RAGHANA AND ORS.

2001 INSC 289Case Partly allowed

The State of Maharashtra appealed the acquittal of B.C. Raghani (A1), Subhash Bind (A5) and Shekhar Kadam (A6) in a contract‑killing case involving the murder of businessman Pradeep Jain. The prosecution’s case hinged on confessional statements of A5 and A6 recorded by a DCP under Section 15 of the …

GADE LAKSHMI MANGRAJU @ RAMESHversusSTATE OF ANDHRA PRADESH

2001 INSC 287Dismissed

The appellant was convicted of murder and criminal breach of trust under IPC Sections 302, 34 and 404, based largely on circumstantial evidence, including a sniffer dog tracking, fingerprint evidence, and identification of stolen ornaments. The defence challenged the reliability of the sniffer dog …

RE: SUO MOTO PROCEEDINGS AGAINST MR. R. KARUPPAN, ADVOCATEversus-

2001 INSC 279Disposed off

The Supreme Court, acting suo moto, examined an affidavit filed by Advocate R. Karuppan in support of a writ of quo‑warranto challenging the age of the Chief Justice of India. The Court found that Karuppan knowingly asserted that the President had not determined the Chief Justice’s age, despite …

SMT. KANTI DEVI AND ANR.versusPOSHI RAM

2001 INSC 276Dismissed

Smt. Kanti Devi and her husband Poshi Ram were married in 1975 and a child was born to her in 1989 after fifteen years of childlessness. The husband filed a suit seeking a declaration that he was not the father, alleging that he had no access to his wife at the time of conception, thereby attempting …

RAMDEO CHAUHAN@ RAJ NATHversusSTATE OF ASSAM

2001 INSC 272Dismissed

The Supreme Court considered a review petition filed by R.D. Chauhan, who claimed he was a juvenile at the time of committing murder under Section 302 IPC and therefore could not be sentenced to death. The petition argued that the trial and appellate courts failed to apply the Juvenile Justice Act, …

STATE OF MAHARASHTRA AND ANR.versusNAJAKAT ALIA MUBARAK ALI

2001 INSC 268Dismissed

The respondent was convicted in two separate offences and was arrested on the same day, remaining in jail as an under‑trial prisoner for both cases. Each trial court granted him set‑off under Section 428 of the Criminal Procedure Code (Cr.P.C.) for the period of pre‑sentence detention. The jail …

N.G. DASTANEversusSHRIKANT S. SHIVDE AND ANR.

2001 INSC 248Disposed off

N.G. Dastane, an aggrieved witness, filed a complaint against advocates Shri Shrikant S. Shivde and his colleague for repeatedly seeking adjournments to avoid his cross‑examination in a theft‑of‑electricity case, despite his presence in court. The Judicial Magistrate granted each adjournment, …

COMMANDANT 20 BN. ITB POLICEversusSANJAY BINJOLA

2001 INSC 245Appeal(s) allowed

The respondent, a constable of the Indo‑Tibetan Border Police, was convicted under Section 10(1) of the Central Reserve Police Force Act and sentenced to three months' imprisonment. On appeal, the appellate court modified the sentence and directed that the order would not adversely affect the …

STATE OF KERALAversusM.M. MANIKANTAN NAIR

2001 INSC 225Appeal(s) allowed

The Secretary of a Gram Panchayat was prosecuted for offences under the IPC and the Prevention of Corruption Act. He moved the High Court under Section 482 CrPC to quash the prosecution, arguing that no sanction under Section 122 of the Kerala Panchayat Act was obtained. The High Court first …

MURALEEDHARANversusSTATE OF KERALA

2001 INSC 215Dismissed

The appellant, Muraledharan, was alleged to be a chief conspirator in the Kollam liquor tragedy that caused numerous deaths and injuries, and was charged under Section 8 of the Kerala Abkari Act among other offences. He obtained anticipatory bail from a Sessions Judge under Section 438 of the CrPC …

VINOY KUMARversusSTATE OF U.P. AND ORS.

2001 INSC 208Dismissed

An advocate, representing accused persons in three criminal cases, filed a writ petition in the Allahabad High Court challenging the transfer of those cases from a District & Sessions Judge to an Additional District & Sessions Judge/Special Judge, alleging that the transfer hampered speedy trial. …

LOKEMAN SHAH AND ANR. ETC. ETC.versusSTATE OF WEST BENGAL ETC. ETC.

2001 INSC 201Dismissed

In 1984 a communal riot in Calcutta led to the murder of two police officers. Four persons were initially sentenced to death, but on retrial only Lokeman Shah and Nasim @ Naso were convicted; the High Court altered Shah's sentence to life imprisonment and upheld Naso's death sentence. Both …

DR. RAJINDER SINGHversusTHE STATE OF PUNJAB AND ORS.

2001 INSC 203Case Allowed

Dr. Rajinder Singh filed a writ petition challenging the promotion of respondent No.3 to Deputy Director (Health Services) on the ground that the respondent had not completed the ten years of service required under Rule 9A(c) of the Punjab Civil Medical (State Service Class I) Rules, 1972. The …

UKARAMversusSTATE OF RAJASTHAN

2001 INSC 197Appeal(s) allowed

Ukaram was convicted for the murder of his wife and minor daughter based solely on the wife's dying declaration. The wife, Parveena, was alleged to have suffered from mental illness, raising doubts about her capacity to make a reliable statement. The Supreme Court examined whether the prosecution …

STATE OF U.P.versusSHAMBHU NATH SINGH AND ORS.

2001 INSC 185Disposed off

The State of Uttar Pradesh prosecuted Shambhu Nath Singh and others for murder and related offences under IPC sections 302, 307 and 149. The prosecution’s key eye‑witness, PW‑1, was examined in chief but his cross‑examination was repeatedly postponed despite his presence on numerous dates, while the …

SUBHASH CHANDER ETC. ETC.versusKRISHAN LAL AND ORS. ETC. ETC.

2001 INSC 186Disposed off

The case arose from a long‑standing feud between the families of Bhagwan Ram and Krishan Lal. On the night of 21‑22 August 1992 the accused entered Bhagwan Ram's house and fired indiscriminately, killing Bhagwan Ram, his son Sunder Ram and his mother Chando Devi, and injuring Subhash Chander (PW2) …

ASSURANCE CO., SHIMLAversusKAMLA AND ORS. ETC. ETC.

2001 INSC 178Disposed off

An accident on 1 March 1993 involving a truck driven by Liaqat Ali resulted in three deaths. The insurer, New India Assurance Co., claimed it was not liable for third‑party compensation because the driver allegedly held a forged licence, constituting a breach of the insurance policy. The Motor …

PRAHLAD SINGH BHATversusN.C. T., DELHI AND ANR.

2001 INSC 168Appeal(s) allowed

The appellant, father of a woman allegedly murdered by her husband (respondent No.2), challenged the grant of regular bail by a Metropolitan Magistrate in a murder case (Section 302 IPC) after the accused had earlier obtained anticipatory bail for lesser offences. The High Court dismissed the …

AKHTARIBIversusSTATE OF M.P.

2001 INSC 165Appeal(s) allowed

The appellant, convicted of murder and sentenced to life imprisonment, filed an appeal that remained pending in the Madhya Pradesh High Court for many years without being listed for hearing. The High Court rejected her bail application, prompting a petition before the Supreme Court. The Court held …

SUCHA SINGHversusSTATE OF PUNJAB

2001 INSC 166Dismissed

During the peak of militancy in Punjab, two teenage sons of Diwan Singh were abducted from their home by four armed men, including the appellant Sucha Singh, and were later found shot dead. The parents were present in the house at the time of the abduction. The prosecution proved the abduction and …

SMT. OM WAT! AND ANR.versusSTATE. THROUGH DELHI ADMN. AND ORS.

2001 INSC 152Appeal(s) allowed

The appellant, the mother of a deceased youth, appealed against the Delhi High Court’s order that quashed the murder charge (IPC s.302) framed against the accused and directed the trial court to give detailed reasons for framing charges. The Supreme Court held that under Sections 227 and 228 of the …

AMERY PHARMACEUTICALS AND ANR.versusSTATE OF RAJASTHAN

2001 INSC 148Dismissed

A drug inspector sampled a formulation purchased from a retailer and, after analysis by a Government Analyst, found it to be misbranded, adulterated and spurious. The manufacturer, Amery Pharmaceuticals, sold the drug through a distributor and was charged under Sections 27(b), (c) and (d) of the …

THE STATE OF MAHARASHTRAversusRITESH, S/O VASUDEO WANJARI

2001 INSC 146Appeal(s) allowed

The respondent Ritesh was charged with murder and related offences, including criminal conspiracy, for allegedly killing his beloved Shubhangi, a Scheduled Caste member. The trial court denied bail, finding him complicit in the conspiracy. The High Court, on a revision petition under Section 439 of …

DHANANJAYA REDDY ETC.versusSTATE OF KARN AT AKA

2001 INSC 144

The Supreme Court examined the murder of an army officer allegedly orchestrated by his wife (Al) and her paramour (A2) with the help of two accomplices (A3, A4). The trial court convicted Al and A2 under Section 302 IPC, while acquitting A3 and A4; the High Court upheld Al and A2's convictions and …

CHILAKURI GANGULAPPAversusREVENUE DIVISIONAL OFFICER, MADANPALLE AND ANR.

2001 INSC 145Appeal(s) allowed

Chilakuri Gangulappa filed a civil suit to enforce a sale agreement that was found to be insufficiently stamped. The Munsif Court impounded the document and sent it to the Revenue Divisional Officer (RDO), who, after assessing market value, imposed a penalty of ten times the stamp duty deficiency. …

ASHOK YESHWANT BADAVEversusSURENDRA MADHAVRAO NIGHOJAKAR AND ANR.

2001 INSC 143Dismissed

Ashok Yeshwant Badave issued a post‑dated cheque dated 20‑Jan‑1996 as part of a sale transaction. The cheque was presented on 7‑Jul‑1996, within six months of the date on the cheque, and was dishonoured. The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, …

RATHI MENONversusUNION OF INDIA

2001 INSC 140Appeal(s) allowed

Rathi Menon, a 22‑year‑old passenger, was thrown from a train in 1996, sustaining paraplegia and loss of both an arm and a leg. She filed a claim for compensation under Section 124A of the Railways Act, 1989 before the Railway Claims Tribunal. While the claim was pending, Rule 3(2) of the Railway …

SURESH AND ANR.versusSTATE OF UP

2001 INSC 131Dismissed

The case concerned a gruesome family murder motivated by a land dispute, for which Suresh (A‑1) and his brother‑in‑law Ramji (A‑2) were convicted of murder and sentenced to death, while their wife Pavitri Devi (A‑3) was acquitted. The State appealed the acquittal, arguing that A‑3’s presence at the …

LAND ACQUISITION OFFICER AND MANDAL REVENUE OFFICERversusV. NARASAIAH

2001 INSC 118Dismissed

The State, represented by the Land Acquisition Officer and Mandal Revenue Officer, sought to acquire 7.35 acres of land and initially valued it at Rs 17,200 per acre. The District Court enhanced the valuation to Rs 65,762 per acre, and the Andhra Pradesh High Court further raised it to Rs 75,000 per …

STATE OF PUNJAB AND ORS.versusBHAJAN SINGH AND ANR.

2001 INSC 122Dismissed

The respondent, Bhabhan Singh, was elected President of a municipal council in Samrala, Punjab, but the State Government failed to publish a notification of his election as required by Section 24(2) of the Punjab Municipal Act, 1911. The Principal Secretary also issued a show‑cause notice and later …

KANHAI MISHRA @ KANHAIYA MISARversusSTATE OF BIHAR

2001 INSC 119Appeal(s) allowed

KanHai Mishra was convicted by the trial court and the Patna High Court for the rape and murder of Rita Kumari, based solely on six alleged circumstantial facts. The Supreme Court examined whether those circumstances satisfied the legal test that circumstantial evidence must be wholly inconsistent …

M/S J.K. INTERNATIONALversusSTATE, GOVT. OF NCT OF DELHI AND ORS.

2001 INSC 112Appeal(s) allowed

J.K. International filed a complaint alleging criminal breach of trust and cheating, leading to an FIR and a charge‑sheet. The accused sought a writ in the Delhi High Court to quash the criminal proceedings, and the complainant applied to be impleaded as a party so that he could be heard. The High …

BIPIN SHANTILALPANCHALversusSTATE OF GUJARAT AND ANR.

2001 INSC 106Disposed off

Bipin S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances Act for a massive seizure of methaqualone tablets. The trial court failed to complete the trial within the six‑month period ordered by this Court, leading the Directorate of Revenue Intelligence to seek a further …

SHRI ISHAR ALLOY STEELS LID.versusJAYASWALS NECO LTD.

2001 INSC 107Appeal(s) allowed

The appellant issued a cheque drawn on State Bank of Indore which was presented by the respondent to its own bank and later to a collecting bank, but the cheque reached the drawer's bank after the six‑month period prescribed under the proviso to Section 138 of the Negotiable Instruments Act, 1881. A …

NATIONAL INSURANCE CO. LTD.versusSEEMA MALHOTRA AND OTHERS

2001 INSC 97Appeal(s) allowed

The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. …

MADRAS HIGH COURT ADVOCATES ASSOCIATIONversusDR. A.S. ANAND, HON. THE CJJ., AND ANR.

2001 INSC 87Dismissed

A writ petition under Article 32 was filed by R. Karuppan, claiming to act for the Madras High Court Advocates Association, seeking a declaration that Chief Justice of India Dr. A.S. Anand was born on 1‑Nov‑1934 rather than 1‑Nov‑1936 and had therefore retired on 31‑Oct‑1999. The Association’s …

DR. SURAJMANI STELLA KUJURversusDURGA CHARAN HANSDAH AND ANR.

2001 INSC 89Dismissed

The appellant, a member of the Oraon tribe, alleged that her husband, a Santhal, contracted a second marriage while their first marriage subsisted, and filed a criminal complaint for bigamy under Section 494 of the IPC. The trial magistrate dismissed the complaint for lack of evidence of any tribal …

SEETA HEMCHANDRA SHASHITTAL AND ANR. ETC.versusSTATE OF MAHARASHTRA AND ORS.

2001 INSC 86Case Partly allowed

A senior government officer was charged under the Prevention of Corruption Act for possessing assets disproportionate to his known income. The investigation took four years (1986‑1990) and the government took another two years to grant sanction, after which a charge‑sheet was filed in 1993. The …

SANJAY @ KAKAversusTHE STATE (NCT OF DELHI)

2001 INSC 77Dismissed

The appellants Sanjay, Nawabuddin and Vinod were convicted for murder and robbery after the police recovered a weapon, blood‑stained clothes and stolen jewellery based on their disclosure statements made under Section 27 of the Evidence Act. The defence argued that the statements were inadmissible …

GAYA PRASADversusSH. PRADEEP SRIVASTAVA

2001 INSC 78Dismissed

The landlord filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the premises were needed for his son’s medical clinic and his own radio‑repair business. The prescribed authority ordered eviction in 1982; the …

SUDHLR AND ORS.versusSTATE OF M.P.

2001 INSC 65Disposed off

The case involved two criminal matters arising from the same encounter, one containing offences exclusively triable by a Sessions Court and the other not. Both were committed to the Sessions Court, but the Sessions Judge transferred the second case to the Chief Judicial Magistrate under Section …

JATINDER SINGHversusRANJIT KAUR

2001 INSC 56Dismissed

Ranjit Kaur filed a criminal complaint against Jatinder Singh under IPC 494 for bigamy and against four others under IPC 109 for abetment. The Judicial Magistrate dismissed the complaint for default because the complainant was absent, and she subsequently filed a second complaint with the same …

SHAMNSHAEB M. MULTTANIversusSTATE OF KARNATAKA

2001 INSC 43Appeal(s) allowed

The appellant, his brother and father were tried for murder (IPC s.302) of the appellant's wife; the trial court acquitted them after witnesses turned hostile. The Karnataka High Court, however, convicted the appellant under IPC s.304B (dowry death) and s.498A without a specific charge for s.304B. …

DALMIA CEMENT (BHARAT) LTD.versusM/S. GALAXY TRADERS AND AGENCIES LTD. AND ORS.

2001 INSC 37Appeal(s) allowed

Dalmia Cement (Bharat) Ltd. issued a cheque to Galaxy Traders which was dishonoured. The appellant served a statutory notice on 13 June 1998, but the respondents claimed they received only an empty envelope and wrote to the appellant on 20 June. The appellant re‑presented the cheque on 1 July, which …

J.K. (BOMBAY) LTD.versusBHARTI MATHA MISHRA AND ORS.

2001 INSC 35Dismissed

The appellant J.K. (Bombay) Ltd employed M as a trainee supervisor and allotted him a company flat. After M resigned, he was directed to vacate but refused, claiming unpaid dues. The company filed a complaint under Section 630 of the Companies Act, 1956 against M and his wife and father. The lower …

STATE OF JAMMU AND KASHMIRversusVINAY NANDA

2001 INSC 30Appeal(s) allowed

Vinay Nanda, a cashier in the Jammu & Kashmir Procurement Department, was convicted under Section 5(1)(c) of the Jammu & Kashmir Prevention of Corruption Act, 2006 and sections 409 and 468 of the Ranbir Penal Code for misappropriating government funds. The trial court sentenced him to one year of …

AMINA AHMED DOSSA AND ORS.versusSTATE OF MAHARASHTRA

2001 INSC 25Dismissed

The appellants, Amina Ahmed Dossa and others, claimed rights over properties attached under Section 8 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) and sought relief from the Designated Court under Section 84 of the Code of Criminal Procedure (CrPC). The Designated Court …

STANNY FELIX PINTOversusMIS. JANGID BUILDERS PVT. LTD. AND ANR.

2001 INSC 28Dismissed

The appellant, St. Anny Felix Pinto, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and a fine of twenty lakh rupees. He appealed to the High Court of Bombay for suspension of the sentence, which the High Court granted on the condition that a portion …

PANKAJBHAL NAGJIBHAI PATELversusTHE STATE OF GUJARAT AND ANR.

2001 INSC 23Disposed off

The appellant was convicted under Section 138 of the Negotiable Instruments Act and sentenced by a Judicial Magistrate of First Class to six months' imprisonment and a fine of Rs 83,000. The conviction and sentence were affirmed by the Sessions Judge and the Gujarat High Court. On appeal to the …

SURESH CHAND JAINversusSTATE OF MADHYA PRADESH AND ANR.

2001 INSC 19Dismissed

The appellant was named in a private complaint alleging offences under the Prizes, Chits and Money Circulation Scheme (Prohibition) Act and IPC 420. The Chief Judicial Magistrate, without examining the complainant on oath, ordered the police to register an FIR and investigate under Section 156(3) of …

SURYANARAYANAversusSTATE OF KARNATAKA

2001 INSC 3Dismissed

The appellant Suryanarayana was convicted under IPC Section 302 for the murder of Saroja, based primarily on the testimony of a four‑year‑old child witness, Bhavya, who identified the appellant as the assailant. The appellant appealed, arguing that a conviction cannot rest on the sole testimony of a …

SMT. KAUSHNUMA BEGUM AND ORS.versusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.

2001 INSC 4Disposed off

The appellant's husband was killed when the front tyre of a jeep burst, causing the vehicle to capsize and crush a pedestrian. The widow and children filed a claim for compensation before the Motor Accidents Claims Tribunal, which dismissed the claim on the ground that there was no negligence, …

IN RE: S.K. SUNDARAMversus-

2000 INSC 602Disposed off

Advocate S.K. Sundaram sent a telegram to Chief Justice of India A.S. Anand on 3 November 2000 demanding his resignation, threatening criminal complaints under IPC sections 420, 406, 468 and 471, a writ of quo‑warranto and a demand for Rs 3 crore. He later filed a criminal complaint before a …

ORIENTAL INSURANCE CO. LTD.versusCHERUVAKKARA NAFEESSU AND ORS.

2000 INSC 600Appeal(s) allowed

The legal heirs of a deceased motor‑vehicle accident victim claimed Rs 2 lakhs from Oriental Insurance Co. Ltd., the insurer of the auto‑rickshaw that caused the death. The insurer argued that its liability was capped at Rs 50,000 under the insurance policy, while the claimants relied on Section 96 …

THE STATE OF BIHARversusCHANDRA BHUSHAN SINGH AND ORS.

2000 INSC 599Appeal(s) allowed

The respondents, railway employees, were caught stealing cement and an inquiry was conducted by a Railway Protection Force (RPF) inspector who filed a complaint before a Judicial Magistrate under the Railways Property (Unlawful Possession) Act, 1966. The accused argued that the RPF officer was not a …

M.NARSINGA RAOversusSTATE OF ANDHRA PRADESH

2000 INSC 585Dismissed

M. Narsinga Rao, a manager of a milk chilling centre, was charged under the Prevention of Corruption Act, 1988 for accepting a Rs.500 bribe from a contractor. He was caught in a trap set up by the Anti‑Corruption Bureau, but the key witnesses turned hostile after a four‑year delay, claiming the trap …

R.KESHAVAversusM.B. PRAKASH AND ORS.

2000 INSC 586Dismissed

The appellant challenged the preventive detention of Maheshraj under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974, arguing that his representation to the Advisory Board was not considered by the Karnataka Government, thereby violating Article 22(5) of the …

RATAN SINGHversusVIJAY SINGH AND ORS.

2000 INSC 583Appeal(s) allowed

Ratan Singh obtained a decree for possession of his property in 1970, but did not file an execution petition. The respondent filed a first appeal, dismissed in 1973, and later a second appeal which the High Court rejected as time‑barred. Ratan Singh later relied on the High Court order to revive the …

GURA SINGHversusTHE STATE OF RAJASTHAN

2000 INSC 574Dismissed

Gura Singh was convicted of murdering his father under IPC 302. The prosecution relied on the appellant’s extra‑judicial confession to several relatives (PW 2, 5, 6, 7) and on the recovery of the murder weapon and a blood‑stained sheet disclosed by the accused. Some of the witnesses were later …

CANARA BANK AND ORS.versusNATIONAL THERMAL POWER CORPORATION AND ANR.

2000 INSC 571Appeal(s) allowed

Canara Bank, as the principal trustee of Canara Bank Mutual Fund, purchased NTPC bonds from a bank that later went into liquidation and sought registration of the bonds in the trustee's name and payment of redemption proceeds. NTPC refused registration without a no‑objection certificate from the …

STATE, GOVT. OF NCT OF DELHIversusSUN IL AND ANOTHER

2000 INSC 551Disposed off

The State of NCT of Delhi appealed against the acquittal of Sunil and Ramesh, who were convicted by a Sessions Court for kidnapping, raping and murdering a four‑year‑old girl, Anuradha. The High Court set aside the conviction, citing minor inconsistencies in the testimonies of three witnesses, the …

STATE BY CENTRAL BUREAU OF INVESTIGATIONversusSH. S. BANGARAPPA

2000 INSC 534Appeal(s) allowed

The Central Bureau of Investigation filed a charge‑sheet against former Karnataka Chief Minister S. Bangarappa under the Prevention of Corruption Act, 1988, alleging that he had amassed assets disproportionate to his known sources of income. The trial court framed a charge under Section 13(2) read …

SAJUversusSTATE OF KERALA

2000 INSC 529Appeal(s) allowed

The deceased, Jameela, was allegedly pregnant by the appellant Saju and refused to abort the pregnancy. She was later stabbed to death by accused No.1 (Biju). The prosecution alleged that Saju conspired with Biju to murder her, securing convictions under Sections 109, 120‑B and 302 IPC. On appeal, …

RAMON SERVICES PVT. LTD.versusSUBHASH KAPOOR AND ORS.

2000 INSC 519Disposed off

Ramon Services Pvt. Ltd., a tenant, faced an eviction suit. On the scheduled trial date, the firm's advocates did not appear because of a lawyers' strike, leading the trial court to pass an ex‑parte decree against the appellant. The appellant's applications to set aside the decree and the subsequent …

MADHUKAR BHASKARRAO JOSHIversusSTATE OF MAHARASHTRA

2000 INSC 513Dismissed

The appellant, a Sub Engineer of the Maharashtra State Electricity Board, was caught in a police‑set trap accepting cash from a private contractor after demanding a sum for sanctioning additional power load. He claimed the money was a gift, not gratification. The trial court convicted him under …

STATE OF U.P.versusHARI MOHAN AND ORS.

2000 INSC 508Case Partly allowed

The State prosecuted Hari Mohan for the murder of his sister‑in‑law Roop Devi, whose body was found in a gunny bag with gunshot wounds. The trial court convicted Hari Mohan under Sections 302 and 34 of the IPC and sentenced him to life imprisonment, while other accused were convicted under Section …

HARI SINGH MANNversusHARBHAJAN SINGH BAJWA AND ORS.

2000 INSC 498Appeal(s) allowed

The appellant challenged two orders passed by a Single Judge of the Punjab and Haryana High Court in separate miscellaneous petitions filed after the disposal of the original petition filed under Section 482 of the Criminal Procedure Code (CrPC). The High Court, without giving notice to the …

RAM LALversusSTATE OF RAJASTHAN

2000 INSC 499Disposed off

The appellant was prosecuted under the Prevention of Food Adulteration Act, 1954 for selling camel's milk to a food inspector, the milk having 25% added water. The trial court acquitted him on the ground that no specific standard existed for camel's milk, but the Rajasthan High Court convicted him, …

HIMACHAL PRADESH STATE FINANCIAL CORPORATION,SHIMLAversusPREM NATH NANDA AND ORS.

2000 INSC 496Appeal(s) allowed

The Himachal Pradesh State Financial Corporation granted a loan of Rs.20.5 lakh to Prem Nath Nanda and others for a hotel project. After the borrowers defaulted, the corporation took possession of the hotel under Section 29 of the State Financial Corporations Act, 1951 and sold it, generating an …

SHAMSHER KHANversusSTATE (NCT OF DELHI)

2000 INSC 494Disposed off

Shamsher Khan was convicted for manufacturing and storing bombs in his Delhi house, which later exploded, killing three and injuring many. He was sentenced under IPC sections 304, 308, 120‑B, TADA sec. 5 and Explosive Substances Act sec. 4(b). On appeal he challenged the culpable homicide …

MANISH DIXIT AND ORS.versusSTATE OF RAJASTHAN

2000 INSC 492Disposed off

The Supreme Court examined the murder of jeweller Gulshan Makhija, in which Manish Dixit (A2) and Sharad Dhakar (A1) were accused. The Court considered whether a hotel register entry could be treated as a "book of accounts" under Sec. 34 Evidence Act, the evidentiary weight of the accused's …

STATE BY C.B.I. NEW DELHIversusR. SURI BABU AND ANR.

2000 INSC 486Disposed off

The Central Bureau of Investigation (CBI) filed a criminal appeal against a Karnataka High Court order that discharged two of six accused, including former Chief Minister Bangarappa and his private secretary Suri Babu, in a case under the Prevention of Corruption Act, 1988 and IPC section 120‑B. The …

NAVINCHANDRA N. MAJITHIAversusSTATE OF MEGHALAYA AND ORS.

2000 INSC 480Appeal(s) allowed

A Shillong-based company lodged an FIR alleging that a Mumbai-based company had cheated it of Rs 9 crore. The investigation stalled, and the Guwahati High Court directed the complainant to deposit funds for the police investigation, a direction upheld by the division bench. The State of Meghalaya …

DADU @ TULSIDASversusSTATE OF MAHARASHTRA

2000 INSC 479Case Partly allowed

The Supreme Court examined the constitutional validity of Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which barred courts and the executive from suspending, remitting or commuting sentences of convicts under the Act. The petitioners argued that the provision violated …

BASAVARAJ R. PATIL AND ORS.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 477Disposed off

The appellants were charged under the Dowry Prohibition Act and Section 498‑A IPC for dowry harassment. After the prosecution evidence was closed, the trial court dispensed with personal examination of two accused under Section 313 CrPC and acquitted them. The High Court set aside the acquittal, …

M.S. JAYARAJversusCOMMISSIONER OF EXCISE, KERALA AND ORS.

2000 INSC 474Dismissed

The appellant, the highest bidder for a foreign liquor shop in the Changanassery Excise Range, could not locate a premises within that range and obtained permission from the Excise Commissioner to shift the shop to the Karukachal Range under Rule 6(2) of the Kerala Abkari Shops (Disposal in Auction) …

JOGINDER PALversusINDIAN RED CROSS SOCIETY AND ORS.

2000 INSC 470Dismissed

Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a …

A.P. PAPER MILLS LTD. ETC. ETCversusGOVERNMENT OF A.P. AND ANR.

2000 INSC 466Appeal(s) allowed

The appellants, owners of factories in Andhra Pradesh, challenged a Government Order that raised the maximum licence fee under the Andhra Pradesh Factories Rules, 1950 from Rs.10,000 to Rs.18,00,000. They argued that the fee is a regulatory fee, not a tax, and therefore the principle of quid pro quo …

NETAI BAG AND ORS.versusTHE STATE OF WEST BENGAL AND ORS.

2000 INSC 462Dismissed

The State of West Bengal leased surplus land, acquired under the Land Acquisition Act, 1894 for a railway project, to a private company without conducting a public tender or auction. The appellants, heirs of the former owners and a vegetarian group, challenged the lease as arbitrary and violative of …

A. VENKATASUBBIAH NAIDUversusS. CHELLAPPAN AND ORS.

2000 INSC 450Disposed off

The plaintiff filed a suit for permanent injunction and simultaneously obtained an ex parte temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial court’s order required the plaintiff to give notice and deliver documents to the opposite party as mandated by the …

HUKAM SINGH AND ORS.versusSTATE OF RAJASTHAN

2000 INSC 446Dismissed

Munshi Singh, an advocate's clerk, was murdered near his home by Hukam Singh and three relatives who shot him, assaulted his wife and son, and later cremated his body. The prosecution, led by a public prosecutor, chose not to examine two independent witnesses (Inder Singh and Budh Ram Nayak) after …

KARNAIL SINGHversusSTATE OF RAJASTHAN

2000 INSC 443Dismissed

Karnaill Singh, a truck driver, was stopped by a preventive party of the Narcotic Bureau and his vehicle was searched, leading to the seizure of 96.6 kg of opium. The seized goods and samples were sealed by the inspecting officer, but were later forwarded to the Superintendent of the Central …

STATE OF M.P. AND ANR.versusPRADEEP KUMAR AND ANR.

2000 INSC 441Appeal(s) allowed

The respondents filed a suit against the State of Madhya Pradesh and a sales tax officer, which was dismissed for lack of jurisdiction. The District Judge reversed that decision, and the State filed a second appeal before the High Court but omitted the required application for condonation of delay …

STATE OF HIMACHAL PRADESHversusGITA RAM

2000 INSC 438Disposed off

The respondent, Gita Ram, was charged under Section 376 of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was committed by a magistrate to a Sessions Court that had been designated as a Special Court for offences under the SC/ST Act, …

STATE OF HARYANAversusM/S MARUTI UDYOG LTD. AND ORS.

2000 INSC 437Disposed off

The State of Haryana appealed against the Haryana Sales Tax Tribunal’s order directing Maruti Udyog Ltd. to deposit the full tax, interest and penalty before its appeal could be entertained. Maruti argued that the proviso to sub‑section (5) of Section 39 of the Haryana General Sales Tax Act, 1973, …

NARSINGH DAS TAPADIAversusGOVERDHAN DAS PARTANI AND ANR.

2000 INSC 436Appeal(s) allowed

The appellant, Narsingh Das Tapadia, lent Rs. 2,30,000 to the respondent, G.D. Partani, who issued a post‑dated cheque that was dishonoured on 6 October 1994. After serving a notice on 26 October 1994, the appellant filed a complaint under Section 138 of the Negotiable Instruments Act on 8 November …

NARAYAN CHETANRAM CHAUDHARY AND ANR.versusSTATE OF MAHARASHTRA

2000 INSC 432Dismissed

The appellants, Narayan Chetanram Chaudhary and Jitu, along with Raju, murdered seven members of a family, including two children and a pregnant woman, to conceal a robbery. Raju later became an approver after the trial court granted him pardon and recorded his confession. Both the trial court and …

P.P. UNIKRISHNAN AND ANR.versusPUTTIYOTTIL ALIKUTTY AND ANR.

2000 INSC 433Dismissed

The petitioners, a Sub‑Inspector and a Constable of the Kerala Police, were charged with offences of assault, grievous hurt, attempt to murder and criminal intimidation under the IPC for illegally confining and beating a shop‑keeper in a police lock‑up. They argued that the trial court should not …

NAVINCHANDRA N. MAJITHIAversusSTATE OF MAHARASHTRA AND ORS.

2000 INSC 431Appeal(s) allowed

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the …

STATE OF WEST BENGALversusMIR MOHAMMAD OMAR AND ORS. ETC. ETC.

2000 INSC 422Case Partly allowed

The State of West Bengal prosecuted Mir Mohammad Omar and six co‑accused for abducting a 29‑year‑old businessman, Mahesh Kumar Aggarwal, with the intention of killing him, and for his subsequent murder. The trial court convicted them under Section 364 read with Section 34 IPC but acquitted them of …

R.D.SAXENAversusBALRAM PRASAD SHARMA

2000 INSC 409Disposed off

The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar …

STATE OF KARNATAKAversusK. KRISHNAN

2000 INSC 403Appeal(s) allowed

The Range Forest Officer seized a jeep and a lorry along with forest produce for being transported without a permit under the Karnataka Forest Act, 1963. The authorized officer ordered the jeep’s release on the condition that the respondent furnish an irrevocable bank guarantee, but the respondent …

SHRI VISHIN N. KHANCHANDANI AND ANR.versusVIDYA LACHMANDAS KHANCHANDANI AND ANR.

2000 INSC 400Appeal(s) allowed

The deceased holder of several National Savings Certificates (NSC) died, and his widow and daughter sought a succession certificate under s.370 of the Indian Succession Act for the debts and securities, including the NSCs where the deceased had nominated his brother and step‑brother as nominees. The …

STATE OF KARNATAKAversusTHE REGISTRAR GENERAL HIGH COURT OF KARNATAKA

2000 INSC 398Disposed off

The Karnataka High Court refused leave to appeal against the acquittal of seven accused in a Section 307 IPC case and, in doing so, issued sweeping remarks about the state of criminal justice, especially criticizing the police, and directed the Home Secretary and Home Minister to report the …

RAKESH KUMAR JAINversusSTATE THROUGH CBI, NEW DELHI

2000 INSC 383Dismissed

A criminal complaint under Sections 5(4) read with 5(2) and 5(3) of the Official Secrets Act, 1923 was filed by the Union of India through the CBI against Rakesh Kumar Jain. The appellant sought discharge under Section 245 of the CrPC, arguing that the complaint was barred by limitation because the …

GHULAM HUSSAIN AND ANR.versusSTATE OF DELHI

2000 INSC 375Case Partly allowed

The deceased, Islamuddin, died from burn injuries after his in‑laws allegedly poured kerosene on him and set him alight. His statements recorded by an Assistant Sub‑Inspector (ASI) in the hospital and by a magistrate were treated as dying declarations. The Supreme Court examined whether the ASI's …

RAM DEO CHAUHAN ALIAS RAJ NATH CHAUHANversusSTATE OF ASSAM

2000 INSC 364Dismissed

Ram Deo Chauhan (alias Raj Nath Chauhan) was convicted of the pre‑planned, cold‑blooded murder of four members of a family, including a two‑year‑old child and two women, and of causing injuries to two other persons. The trial and high courts relied on a chain of circumstantial evidence and a …

MOHAMMED AYNUDDIN @ MIYAMversusSTATE OF ANDHRA PRADESH

2000 INSC 361Appeal(s) allowed

The appellant, a driver of an Andhra Pradesh State Road Transport Corporation bus, was convicted under IPC Section 304A after a passenger fell from the bus while boarding and was run over by the rear wheel, resulting in death. The trial, sessions, and high courts held him guilty of culpable …

FEDERATION OF BAR ASSOCIATIONS IN KARNATAKAversusUNION OF INDIA

2000 INSC 350Dismissed

The Federation of Bar Associations in Karnataka filed a writ petition under Article 32 of the Constitution seeking a permanent bench of the Karnataka High Court in northern Karnataka, arguing that the long distance from Bangalore made access to justice costly and time‑consuming. The Chief Justice of …

ANTHONYversusKC ITTOOP AND SONS AND ORS.

2000 INSC 348Appeal(s) allowed

Anthony was inducted into possession of a shed by the owner under an unregistered lease deed for five years and paid monthly rent. The ownership later passed to the respondents who sued for eviction; the trial court dismissed the tenancy claim and decreed eviction. On first appeal, the district …

KUNHAYAMMED AND ORSversusSTATE OF KERALA AND ANR.

2000 INSC 339Dismissed

The Kerala Forest Tribunal held that a 1,020‑acre tract of private forest did not vest in the Government. The State of Kerala appealed to the High Court, which dismissed the appeal on 17‑Dec‑1982. No statutory remedy of appeal, revision or review was then available, so the State filed a Special …

FOOD INSPECTOR, ERNAKULAM AND ANR.versusP.S. SREENIVASA SHENOY

2000 INSC 340Appeal(s) allowed

The Food Inspector purchased a sample of toor dal and, after a Public Analyst reported it adulterated with kesari dal, filed a complaint under the Prevention of Food Adulteration Act. The respondent challenged the prosecution, arguing that a fresh sanction under Section 20 was required when a later …

RAMESH CHANDRA ACHARYAversusREGISTRAR, HIGH COURT OF ORISSA AND ANR.

2000 INSC 332Dismissed

The petitioner, a judicial officer, challenged a decision that he be compulsorily retired at the age of 58 under Rule 71(a‑1) of the Orissa Service Code. He argued that the Supreme Court had raised the superannuation age for judges to 60 years and that the rule was inconsistent with the All India …

K.K. PATEL AND ANR.versusSTATE OF GUJARAT AND ANR.

2000 INSC 326Appeal(s) allowed

The respondent‑police officer filed a complaint before a Metropolitan Magistrate alleging that the appellants, police officers, had committed offences including sections 166, 167, 219 etc. of the IPC and an offence under section 147(G) of the Bombay Police Act. The Magistrate took cognizance and …

REGISTRAR OF COMPANIESversusRAJSHREE SUGAR AND CHEMICALS LTD. AND ORS.

2000 INSC 316Appeal(s) allowed

The Registrar of Companies (appellant) filed a criminal complaint against Rajshree Sugar and Chemicals Ltd. and others (respondents) alleging default in transferring share certificates in violation of Section 113 of the Companies Act, 1956. The Chief Judicial Magistrate dismissed the complaint on …

UNION OF INDIA AND ORS.versusR.P. YADAV ETC.

2000 INSC 313Appeal(s) allowed

The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they …

STATE OF TAMIL NADUversusJ. JAYALALITHA

2000 INSC 308Appeal(s) allowed

The State of Tamil Nadu alleged that former Chief Minister J. Jayalalitha conspired with ten others to import coal at inflated prices, causing a loss of about Rs 6.5 crore. The Special Judge discharged her, finding the record insufficient to frame a charge, and the Madras High Court affirmed that …

ARNIT DASversusSTATE OF BIHAR

2000 INSC 311Dismissed

Arnit Das was arrested for a murder under IPC 302 and claimed to be a juvenile, asserting a birth date of 18‑09‑1982. The Additional Chief Judicial Magistrate ordered an enquiry under Section 32 of the Juvenile Justice Act, 1986, and, after a medical board report, concluded that Das was above 16 …

ABDUL NAZAR MADANI ETCversusSTATE OF TAMIL NADU AND ANR.

2000 INSC 290Dismissed

The petitioners, among 181 accused in the Coimbatore serial bomb blast case, filed a transfer petition under Sections 406 and 407 of the Criminal Procedure Code seeking to move the trial from Coimbatore, Tamil Nadu to Kerala, alleging that communal tension in the state would prevent a fair and …

DALBIR SINGHversusSTATE OF HARYANA

2000 INSC 284Dismissed

The appellant, a bus driver for Haryana Roadways, knocked down and killed a cyclist and was convicted under IPC Sections 279 (rash driving) and 304-A (causing death by negligence). He appealed, seeking the benevolent provision of Section 4 of the Probation of Offenders Act, 1958, arguing that he …

STATE OF MAHARASHTRAversusDAMU AND ORS.

2000 INSC 273Appeal(s) allowed

The State of Maharashtra prosecuted four accused for abducting and murdering infant children as part of a superstitious ritual to uncover hidden treasure. The trial court relied on a voluntary confessional statement, corroborating circumstantial evidence, and the testimony of a child who escaped two …

MALEMPATI PATIABI NARENDRA ETCversusGHATIAMANENI MARUTHI PRASAD AND ORS. ETC.

2000 INSC 262Dismissed

The case involved the murder of Gram Sarpanch Sitaram Anjanalelu, for which six persons were convicted by the trial court under Section 302 read with Section 149 of the IPC. On appeal, the Andhra Pradesh High Court upheld convictions of two accused (A‑1 and A‑3) only under Section 326 and acquitted …

JOSEPH S/O KOOVELI POULOversusSTATE OF KERALA

2000 INSC 260Case Partly allowed

The appellant Joseph was convicted of murder (Sec. 302 IPC) and robbery (Sec. 392 IPC) for allegedly luring Gracy, a convent worker, away on a false pretext, assaulting her, stealing her ornaments and causing her death by laying her on a railway track. The trial court acquitted him on all charges, …

KAMAL KISHORE ETCversusSTATE OF HIMACHAL PRADESH

2000 INSC 240Directions issued

The Supreme Court examined the rape of a minor girl by Kamal Kishore, whose conviction was upheld by the Himachal Pradesh High Court but the sentence was reduced to three years under the proviso of Section 376 IPC, citing the offence's age and the accused's settled life as "adequate and special …

KULDEEP SINGH AND ORS.versusSTATE OF RAJASTHAN

2000 INSC 241Dismissed

Kuldeep Singh, Mahendra Singh, Uttam Chand and Surjeet Kaur were charged with the murder of Sohan Singh. The prosecution alleged that Singh's objection to an illicit relationship between Kuldeep and Surjeet, and to her attempt to sell her share of the house, provided motive for a conspiracy to kill. …

STATE OF TAMIL NADUversusSELVI J. JAYALALITHA

2000 INSC 249Disposed off

The State of Tamil Nadu appealed to the Supreme Court seeking to uphold criminal revision petitions filed in the Madras High Court against the trial of Selvi J. Jayalalitha. The accused, through counsel, requested permission to withdraw those revision petitions without prejudice to her right to …

GAURISHANKARPRASADversusSTATE OF BIHAR AND ANR.

2000 INSC 227Appeal(s) allowed

Gauri Shankar Prasad, a Sub‑Divisional Magistrate, entered a complainant's clinic to enforce a court‑ordered removal of encroachments on government land, used abusive language and dragged the complainant out. The complainant filed a criminal complaint alleging offences under Sections 323, 504 and …

M. RAMALINGA THEVARversusSTATE OF TAMIL NADU AND ORS.

2000 INSC 228Dismissed

The appellant, M. Ramalinga Thevar, challenged a notification under Section 4(1) of the Land Acquisition Act, 1894. While his writ petition was pending, the government issued a declaration under Section 6, but the Land Acquisition Collector passed the award more than two years after the declaration. …

R.N. DEY AND ORS.versusBHAGYABATI PRAMENIK AND ORS.

2000 INSC 229Appeal(s) allowed

The State of West Bengal, having acquired land under the Estates Acquisition Act, 1953, was ordered by a Land Acquisition Judge to pay compensation to certain claimants. The State later discovered that the claimants had no title to the land and sought to vacate the interim payment order of the …

UNION OF INDIA AND ANRversusRS.SHARMA

2000 INSC 221Appeal(s) allowed

The respondent, a Divisional Engineer in the Telecom Department, had his promotion placed under a sealed cover because of pending CBI investigations into serious financial misdemeanors. After the investigation, the Government granted formal sanction to prosecute him, but the Departmental Promotion …

R.SARALAversusT.S.VELU

2000 INSC 216Appeal(s) allowed

The case arose from the suicide of a young bride, Selvi, after which the police investigated and filed a charge‑sheet against her husband and his mother under Sections 304B and 498A IPC. Dissatisfied that the sister‑in‑law and her father were not named, the deceased's father approached the Madras …

STATE OF U.P.versusBABU RAM

2000 INSC 212Appeal(s) allowed

The State prosecuted Babu Ram for the murder of his parents and brother, relying on circumstantial evidence such as his own statements, recovery of spades and a blood‑stained cloth, and his pointing to the burial site. The trial court convicted him and imposed the death penalty, but the Allahabad …

AJAIB SINGHversusSTATE OF PUNJAB

2000 INSC 209Dismissed

Ajaib Singh and Sapinder Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. They appealed, arguing that the statute only criminalises "poppy straw" and that poppy husk is neither defined nor contains more than 0.2% …

STATE OF WEST BENGALversusNARAYAN K. PATODIA

2000 INSC 197Appeal(s) allowed

The West Bengal Sales Tax Bureau, after investigating alleged fraud by Narayan K. Patodia involving forged applications and tax evasion, forwarded a complaint to the police which resulted in the registration of an FIR under several IPC offences and sections of the West Bengal Sales Tax Act. The …

HRIDAYA RANGAN PD. VERMA AND ORS.versusSTATE OF BIHAR AND ANR.

2000 INSC 178Appeal(s) allowed

The three Verma brothers sold land to a cooperative society, received part payment, and later the society's cheques bounced. The society filed a criminal complaint alleging cheating and related offences, claiming the brothers concealed a pending partition suit. The brothers filed a petition under …

U.P. POLLUTION CONTROL BOARDversusM/S. MOHAN MEAKINS LTD. AND ORS.

2000 INSC 153Appeal(s) allowed

The Uttar Pradesh Pollution Control Board filed a complaint under the Water and Air (Prevention and Control of Pollution) Act, 1974 alleging that Mohan Meakins Ltd. and its directors and manager discharged noxious effluents into the River Gomti, violating sections 24 and 43 of the Act. The Chief …

UNITED INDIA INSURANCE CO. LTD.versusRAJENDRA SINGH AND ORS. ETC.

2000 INSC 138Appeal(s) allowed

The Motor Accident Claims Tribunal awarded compensation to Rajendra Singh and his son Sanjay Singh for injuries allegedly sustained in a 1993 road accident involving an insured vehicle. United India Insurance Co. later discovered police reports indicating the claimants were actually injured in a …

STATE OF HARYANAversusNAURATTA SINGH AND ORS.

2000 INSC 135Appeal(s) allowed

Nauratta Singh was convicted of murder and sentenced to life imprisonment. While his appeal was pending, he remained on bail for several years. He claimed that the period spent on bail should be counted towards remission under the Haryana Government's instructions granting remission to convicts on …

MAHESHCHANDRA TRIPANJI GAJJARversusTHE STATE OF MAHARASHTRA AND ORS.

2000 INSC 131Appeal(s) allowed

The appellant sought possession of premises that had been requisitioned under the Bombay Land Requisition Act, 1948 and later allotted to a government servant (respondent No.3). The requisition order was set aside, but the servant continued in possession after retirement and after a derequisition …

ARIVAZHAGANversusSTATE, REPRESENTED BY INSPECTOR OF POLICE

2000 INSC 128Disposed off

Arivazhagan was charged under Section 13(1)(c) of the Prevention of Corruption Act, 1988 read with Section 109 of the IPC. He filed a defence list of 267 witnesses. The Special Judge examined the list and, on the ground of avoiding delay, allowed only a few witnesses from each division. The Madras …

YUSUF KHAN @ DILIP KUMAR AND ORS.versusMANOHAR JOSHI AND ORS.

2000 INSC 105Disposed off

The petitioners sought a writ under Article 32 of the Constitution to compel the Maharashtra State Government to provide security for the screening of the film "Fire" and to appoint an independent agency to investigate the violent protests that damaged several cinemas. They alleged that the then …

KUSUM INGOTS AND ALLOYS LTD.versusPENNAR PETERSON SECURITIES LTD. AND ORS.

2000 INSC 97Disposed off

Kusum Ingots and Alloys Ltd., a company, issued post‑dated cheques to Pennar Peterson Securities Ltd. The cheques were dishonoured, a statutory notice was sent, and the payee filed a complaint under Section 138 of the Negotiable Instruments Act. Before the 15‑day notice period expired, the company …

OM PRAKASH JAISWALversusD.K.MIITAL AND ANR.

2000 INSC 92Appeal(s) allowed

O.P. Jaiswal obtained a court order that the Nagar Mahapalika would not demolish his construction pending a writ petition. The Mahapalika demolished the structure on 11 January 1987, prompting Jaiswal to seek contempt proceedings under Section 12 of the Contempt of Courts Act, 1971. The Allahabad …

M/S. BSI LTD. AND ANR.versusGIFT HOLDINGS PVT. LTD. AND ANR. ETC.

2000 INSC 72Dismissed

The appellants, companies whose cheques were dishonoured, were prosecuted under Section 138 of the Negotiable Instruments Act. After the complaints were filed, they obtained a declaration from the Board for Industrial Finance and Reconstruction (BIFR) that they were "sick" companies under the Sick …

PANKAJ MEHRA AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2000 INSC 73Dismissed

The Supreme Court examined whether a company that issued a cheque, which was later dishonoured, could avoid criminal liability under Section 138 of the Negotiable Instruments Act by invoking the provision of the Companies Act that makes any disposition of its property void after a winding‑up …

MICHAL MACHADO AND ANR.versusCENTRAL BUREAU OF INVESTIGATION AND ANR.

2000 INSC 66Appeal(s) allowed

The Supreme Court examined whether a Metropolitan Magistrate could, at a very advanced stage of trial, implead two bank officials as additional accused under Section 319 of the Criminal Procedure Code. The trial had already examined 49 witnesses, and only the statements of three subsequent witnesses …

NARAYANARU THRIVIKRANARUversusV. MADHAVAN POTTY AND ORS.

2000 INSC 60Appeal(s) allowed

The appellant owned agricultural land that was leased to the first respondent. In 1943 a document titled "Otti and Kuzhikanam" was executed in favour of the respondent, which the appellant claimed was a usufructuary mortgage. The trial court held the document to be a mortgage, declared the …

CHEERANTHOODIKA AHMED KUTTY AND ANR.versusPARAMBUR MARIAKUTTY UMMA AND ORS.

2000 INSC 57Appeal(s) allowed

The Supreme Court considered two appeals (Civil Appeals Nos. 3067 and 8475 of 1997) filed by the office‑bearers of Vallarnbram Juma Masjid against the order of the Kerala High Court which had upheld the Taluk Land Board's determination that certain parcels of land, claimed by the mosque as having …

STATE OF HLMACHAL PRADESHversusSURINDER MOHAN AND ORS.

2000 INSC 53

The State prosecuted Surinder Mohan and others for murder and related offences. An accomplice, Sandeep Kumar, was granted pardon by the Chief Judicial Magistrate and his statement was recorded before the case was committed to the Sessions Court, but the accused were not cross‑examined at that stage. …

STATE OF MADHYA PRADESHversusSHRI RAM SINGH

2000 INSC 46

The State of Madhya Pradesh filed criminal appeals against Ram Singh and two other public servants who were charged under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to their known sources of income. The investigations were authorised …

GANGULA ASHOK AND ANR.versusSTATE OF ANDHRA PRADESH

2000 INSC 37Disposed off

The appellants, a lawyer and his wife who was a hostel matron, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly outraging a hostel resident's modesty and for attempting to suppress the complaint. The police filed the charge‑sheet directly …

KRISHNA MOHAN SHUKLA ETC. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 29Disposed off

The petitioners challenged the functioning of the Bhopal Gas Relief Tribunal, alleging that the Deputy Welfare Commissioner had fixed arbitrary compensation amounts, that Lok Adalat decisions were sham, and that the lack of proper medical facilities violated their rights. The Supreme Court examined …

ROSY AND ANR.versusSTATE OF KERALA AND ORS.

2000 INSC 12Appeal(s) allowed

The Excise Inspector filed a complaint under the Kerala Abkari Act before a Judicial Magistrate, who, without examining any of the ten listed witnesses, committed the case to the Sessions Court because the offences were exclusively triable there. The accused later raised, during arguments, an …

MAMMUversusHARI MOHAN AND ANR.

2000 INSC 11Dismissed

The appellant, a tenant, sought purchase of kudikidappu rights under the Kerala Land Reforms Act, 1963. The Land Tribunal dismissed his application, but the Appellate Authority allowed it. The High Court, on revision, set aside the Appellate Authority’s order, remanded the matter for fresh …