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92 judgments · newest first · showing 1–92

M/S NTPC LTD.versusM.P. STATE ELECTRICITY BOARD & ORS.

2011 INSC 724Disposed off

NTPC Ltd., a government‑owned power generator, supplied electricity to Madhya Pradesh, Punjab and Delhi electricity boards and later sought a tariff determination from the Central Electricity Regulatory Commission (CERC). CERC fixed a final tariff lower than the provisional tariff, finding that NTPC …

STATE OF MADHYA PRADESHversusNARMADA BACHAO ANDOLAN & ANR.

2011 INSC 723Disposed off

The State of Madhya Pradesh sought to abandon land acquisition of 284.03 hectares in five villages, prompting Narmada Bachao Andolan (NBA) to argue that the abandonment order was void because the land had already been taken into possession. The Supreme Court, after a spot inspection ordered by it, …

JAMALUDDINversusSTATE OF JAMMU & KASHMIR AND ORS.

2011 INSC 725Dismissed

Jamal Uddin, a Scheduled Tribe candidate born on 31‑01‑1965, applied for a regular Munsif post in Jammu & Kashmir after serving as an adhoc Munsif. The 2002 Public Service Commission notification required candidates to be not more than 35 years old as of 1 January of the examination year, and his …

UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF DEFENCEversusRABINDER SINGH

2011 INSC 727

The appellant Union of India alleged that Major Rabinder Singh, while commanding the 6 Armoured Regiment, fraudulently countersigned bills to claim Rs.77,692 for vehicle modifications that were never carried out, resulting in wrongful loss to the Army. A Court of Inquiry and a General Court Martial …

M/S L.N. GADODIA & SONS & ANR.versusREGIONAL PROVIDENT FUND COMMISSIONER

2011 INSC 712Dismissed

The Supreme Court considered whether two sister private companies, L.N. Gadodia & Sons and Delhi Farming & Construction Pvt. Ltd., should be treated as a single establishment under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Both firms shared common directors, a managing …

LALIT KUMAR MODIversusBOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.

2011 INSC 711Dismissed

The petitioner, a member of the BCCI, was suspended and faced disciplinary action after a complaint of breach of confidentiality. He objected to the composition of the three‑member Disciplinary Committee, arguing that the President’s recusal required either waiting for a new President or appointing …

K. BALARAMA RAJUversusCH. V. SUBRAMANYA SARMA & ORS.

2011 INSC 713

The Supreme Court examined the seniority of three appellants and the first respondent appointed as computer operators in the Andhra Pradesh High Court. The first respondent possessed the required post‑graduate diploma at the time of the written test, whereas the appellants did not and were appointed …

SUPREME COURT BAR ASSOCIATION AND OTHERSversusB.D. KAUSHIK

2011 INSC 714Disposed off

The Supreme Court Bar Association (SCBA) amended its Rule 18 to introduce a "One Bar One Vote" principle, restricting voting rights to advocates who regularly practice before the Supreme Court. Two SCBA members, B.D. Kaushik and A.K. Manchanda, challenged the amendment and obtained an interim …

SADHWI PRAGYNA SINGH THAKURversusSTATE. OF MAHARASHTRA

2011 INSC 706Dismissed

The appellant, Sadhwi Pragnya Singh Thakur, was alleged to have been arrested on 10 October 2008 in connection with the Malegaon bomb blast and claimed that she was not produced before a magistrate within 24 hours, violating Article 22(1) and 22(2) of the Constitution, and that the charge‑sheet was …

REGISTRAR GEN., HIGH COURT OF JUDICATURE AT MADRASversusR. PERACHI & ORS.

2011 INSC 699Appeal(s) allowed

The respondent, a Sheristadar in the Tamil Nadu State Judicial Ministerial Service, was transferred from Thoothukudi to Ramanathapuram on administrative grounds following a vigilance report and a district judge’s opinion that his retention was undesirable. He later claimed the transfer was punitive …

SANTOSH KUMARIversusSTATE OF J & K & OTHERS

2011 INSC 678Disposed off

The appellant, Santosh Kumari, widow of a murder victim, challenged the High Court's orders that set aside the trial court's charge and granted interim bail to the accused. The Supreme Court examined whether the charge, which listed only the relevant sections of the Ranbir Penal Code without a …

RAJENDRA SINGH VERMA (DEAD) THROUGH LRSversusLT. GOVERNOR OF NCT OF DELHI & ANR.

2011 INSC 674Dismissed

The Supreme Court considered three appeals challenging the compulsory retirement of two Delhi Higher Judicial Service officers and one Delhi Judicial Service officer. The appellants argued that their cases could not be reconsidered before reaching the age of 55 after an earlier screening at age 50, …

HIGH COURT OF JUDICATURE AT PATNAversusMADAN MOHAN PRASAD & ORS.

2011 INSC 652Disposed off

The respondent, a former Munsif in the Bihar State Judicial Service, was dismissed, reinstated, and later suspended, after which he was posted as an Additional Munsif. He repeatedly sought promotion to higher judicial posts on the basis that his juniors had been promoted between 1971 and 1978, …

NITINBHAI SAEVATILAL SHAH & ANOTHERversusMANUBHAI MANJIBHAI PANCHAL & ANOTHER

2011 INSC 631Disposed off

The appellants were convicted under Section 138 of the Negotiable Instruments Act in a summary trial before a Metropolitan Magistrate. After the magistrate recorded the substance of evidence, he was transferred and his successor proceeded with the trial relying on the recorded evidence, convicting …

STATE OF TAMIL NADU & ORS.versusK. SHYAM SUNDER & ORS.

2011 INSC 555Dismissed

The Tamil Nadu government enacted the Uniform System of School Education Act, 2010 to introduce a common syllabus and textbooks for all schools, which was upheld by the High Court and the Supreme Court after certain provisions were struck down. After a change of government in 2011, the new …

VIJAY KUMARversusSTATE OF U.P. AND ORS.

2011 INSC 542Disposed off

Vijay Kumar, the father of Ruchi Saxena, filed a complaint alleging that officials of the Nagar Palika demanded a bribe to settle a land dispute. Two officials were arrested and tried under the Prevention of Corruption Act, 1988. The accused sought to summon Ruchi Saxena as a court witness under …

STATE OF MADHYA PRADESH & ANRversusMEDHA PATKAR & ORS.

2011 INSC 531Disposed off

After the completion of the Indira Sagar and Omkareshwar dams, the Madhya Pradesh government initiated land acquisition for canal construction under the Land Acquisition Act, 1894. Medha Patkar and other petitioners challenged the acquisition, arguing that the Command Area Development (CAD) plans …

NARMADA BACHAO ANDOLANversusSTATE OF MADHYA PRADESH

2011 INSC 516Dismissed

The appellant, Narmada Bachao Andolan, challenged the amendment dated 7 June 1991 to Clause 5.1 of the 1991 Resettlement and Rehabilitation (R&R) Policy for the Upper Beda dam project in Madhya Pradesh, alleging it was ultra vires, arbitrary and violated the right of oustees to land in lieu of …

A. SUBASH BABUversusSTATE OF A.P.& ANR.

2011 INSC 514Disposed off

The appellant, a Sub‑Inspector, married a woman (the second wife) by concealing that he was already married, collected money from her family and threatened them. The second wife filed a complaint alleging offences under Sections 494, 495, 417, 420 and 498A IPC. The High Court quashed the complaint …

RANGAMMALversusKUPPUSWAMI & ANR.

2011 INSC 399Appeal(s) allowed

Rangammal appealed against a decree that included her share of a property in a partition suit filed by her cousin Kuppuswami. The plaintiff relied on a sale deed dated 24‑02‑1951, allegedly executed by the appellant's de‑facto guardian while she was a minor, to claim title. The Supreme Court held …

NARMADA BACHAO ANDOLANversusSTATE OF MADHYA PRADESH & ANR.

2011 INSC 379Disposed off

The Supreme Court heard appeals by the State of Madhya Pradesh and the Narmada Hydro Development Corporation challenging the High Court's interim orders in a public‑interest litigation filed by Narmada Bachao Andolan (NBA) concerning the Omkareshwar Dam. NBA sought land‑for‑land rehabilitation, …

M/S. L.K. TRUSTversusEDC LTD. & ORS.

2011 INSC 374Dismissed

The appellant L.K. Trust claimed that a concluded contract existed between it and EDC Ltd. for the sale of a mortgaged hotel property, arguing that the mortgagor (Falcon Retreat Pvt. Ltd., respondent No.3) had lost its statutory right of redemption under Section 60 of the Transfer of Property Act. …

S. THILAGAVATHYversusSTATE OF TAMIL NADU AND ORS.

2011 INSC 363Disposed off

The appellant, an Instructor in Grade‑I of the Tamil Nadu Labour Welfare Board, challenged her transfer order and later faced discharge for not reporting for duty. She withdrew a writ petition after receiving an assurance of reinstatement, but was restored only in a Grade‑II post. She subsequently …

STATE OF U.P. & ORS.versusRAKESH KUMAR KESHARI & ANR.

2011 INSC 352Appeal(s) allowed

The respondents, Rakesh Kumar Keshari and another, were appointed as Assistant District Government Counsel (Criminal) on contract and sought renewal of their terms after the District Judge and District Magistrate recommended it. The Uttar Pradesh State Government instead advertised the posts, later …

A.C. MUTHIAHversusBOARD OF CONTROL FOR CRICKET IN INDIA AND ANR.

2011 INSC 337Matter referred to larger bench

The appellant, a former President of the BCCI, challenged an amendment to Clause 6.2.4 of the BCCI's Regulations that exempted IPL, Champions League and Twenty‑20 events from the ban on administrators having commercial interests. He argued that the amendment was made to benefit the second …

AFJAL IMAMversusSTATE OF BIHAR AND ORS.

2011 INSC 315Case Partly allowed

The case concerned the Bihar Municipal Act, 2007 and whether members of the Empowered Standing Committee (ESC) nominated by a Mayor must vacate when a new Mayor is elected after a no‑confidence motion. The appellant, newly elected Mayor Afjal Imam, sought to nominate his own seven councillors to the …

P.H. PAUL MANOJ PANDIANversusMR. P. VELDURAI

2011 INSC 295Appeal(s) allowed

The appellant challenged the election of the respondent on the ground that the respondent had subsisting government contracts at the time of filing his nomination papers, which under Section 9A of the Representation of the People Act, 1951 renders a candidate disqualified. The dispute turned on the …

AFJAL IMAMversusSTATE OF BIHAR & ORS.

2011 INSC 253Appeal(s) allowed

The appellant, elected Mayor of a municipal corporation under the Bihar Municipal Act, 2007, nominated seven municipal councillors to the Empowered Standing Committee. The dispute centered on whether the mayor and the committee members could exercise all powers of the mayor, and how Section 27 of …

STATE OF RAJASTHANversusMAHESH KUMAR SHARMA

2011 INSC 173Appeal(s) allowed

Mahesh Kumar Sharma, a Rajasthan District Court employee, underwent heart bypass surgery in Delhi and claimed full reimbursement of medical expenses from the State. The State, applying the Rajasthan Civil Services (Medical Attendance) Rules, 1970, reimbursed only Rs. 50,000 as permitted. The High …

NARINDER KAURversusPUNJAB & HARYANA HIGH COURT & ORS.

2011 INSC 100Disposed off

Narinder Kaur, a Civil Judge, applied within two years of her entry into government service to correct her date of birth from 26‑01‑1971 to 09‑01‑1972, citing the Punjab Financial Volume I (Haryana First Amendment) Rules, 2001 which allow correction upon a special inquiry. The High Court rejected …

R.S. MISHRAversusSTATE OF ORISSA & ORS.

2011 INSC 87Dismissed

The appellant, a retired Additional Sessions Judge, was criticised by a High Court Single Judge for not framing a charge under Section 302 IPC in a murder trial, instead framing only Section 304 and 323 IPC without recording any reasons. The Supreme Court examined the interplay between Sections 227 …

M/S. SHREE SIDHBALI STEELS LTD. AND ORS.versusSTATE OF U.P. AND ORS.

2011 INSC 58Dismissed

The petitioners, industrial units in the hill areas of Uttar Pradesh, claimed a 33.33% Hill Development Rebate on electricity charges granted under a 1996 notification issued pursuant to Section 49 of the Electricity (Supply) Act, 1948. Subsequent notifications reduced the rebate to 17% and finally …

KALYAN KUMAR GOGOIversusASHUTOSH AGNIHOTRI AND ANOTHER

2011 INSC 57Dismissed

In the 2006 Assam Legislative Assembly election, polling station No.124 was initially set up at a non‑notified school and later shifted to the notified venue. The defeated candidate, Kalyan Kumar Gogoi, alleged that this change caused chaos, preventing 200‑300 voters from casting their votes and …

ORIENTAL INSURANCE CO. LTD.versusDHANBAI KANJI GADHVI & ORS.

2011 INSC 53Disposed off

The heirs of a deceased motor accident victim filed a claim under Section 166 of the Motor Vehicles Act for fault-based compensation and later filed a separate claim under Section 163A for no‑fault compensation. The Motor Accident Claims Tribunal awarded compensation under Section 163A and …

VIKAS KUMAR ROORKEWALversusSTATE OF UTTARAKHAND AND ORS,

2011 INSC 27Disposed off

The petitioner, son of a murdered Superintending Engineer, filed a transfer petition under Section 406 of the CrPC seeking to move the murder trial from Haridwar to Delhi, alleging that witnesses were being threatened by the accused's powerful gang and that the investigating and prosecuting agencies …

KEDAR SHASHIKANT DESHPANDE ETC. ETC.versusBHOR MUNICIPAL COUNCIL AND ORS. ETC. ETC.

2010 INSC 871Dismissed

The appellants were elected as councillors of Bhor Municipal Council on the ticket of the NCP, later left the party and formed a new political front. Respondents filed a disqualification petition under the Maharashtra Local Authority Members Disqualification Act, 1986, alleging that the appellants …

STATE OF U.P. AND ORS.versusHIRENDRA PAL SINGH ETC

2010 INSC 845Disposed off

The Uttar Pradesh Legal Remembrancer Manual was amended on 13 August 2008 to reduce the retirement age of District Government Counsels from 62 to 60 years and to dispense with the requirement of consulting the District Judge. The Allahabad High Court stayed the amendment and directed the State to …

JOSEPH M. PUTHUSSERYversusT.S. JOHN & ORS.

2010 INSC 841Appeal(s) allowed

The appellant, Joseph M. Puthussery, was elected to the Kerala Legislative Assembly in 2001. Respondent T.S. John filed an election petition alleging that the appellant committed a corrupt practice under s.123(4) of the Representation of the People Act by distributing a pamphlet (Ext. X4) containing …

TASSADIQ HUSSAINversusMOHD. RASHID QURESHI AND ORS.

2010 INSC 806Dismissed

The Supreme Court examined whether a candidate from Rajouri could contest a Legislative Council seat reserved for a resident of Poonch District under the Jammu & Kashmir Constitution. The election was held after the Returning Officer accepted the Rajouri candidate’s nomination, despite an objection …

GOVIND SINGHversusHARCHAND KAUR

2010 INSC 798Appeal(s) allowed

Govind Singh, a former Social Security Minister, resigned on 12 January 2002 and filed his nomination as an independent candidate on 23 January 2002. He was elected MLA from the Sherpur (SC) constituency on 13 February 2002. The defeated candidate, Harchand Kaur, filed an election petition alleging …

STEEL AUTHORITY OF INDIA LTD. AND ORS.versusDIBYENDU BHATTACHARYA

2010 INSC 751Appeal(s) allowed

The respondent, a Speech Therapist/Audiologist appointed in the non‑executive S‑6 grade at Durgapur Steel Plant, sought parity in pay and cadre with a senior employee (B.V. Prabhakar) holding an executive E‑1 grade at Rourkela Steel Plant. The company rejected the claim, citing its personnel manual …

SUDHAversusPRESIDENT, ADV.ASSN.CHENNAI & ORS

2010 INSC 719Dismissed

The Supreme Court heard an appeal against the Madras High Court's approval of amended bye‑laws of the Madras High Court Advocates' Association, which had been made while removal suits against the President and Secretary were pending. The appellant challenged the High Court's jurisdiction to …

DINESH KUMAR GUPTAversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

2010 INSC 694Appeal(s) allowed

The Rajasthan High Court had issued an interim order on 22 March 2001 staying the implementation of a Motor Accident Claims Tribunal award in favour of United India Insurance. The order was not complied with. Dinesh Kumar Gupta joined the High Court registry as Deputy Registrar (Judicial) only in …

UNION OF INDIA AND OTHERSversusNARINDERJIT SINGH SIDHU

2010 INSC 657Dismissed

The respondent, originally commissioned in the Regiment of Artillery, permanently transferred to the Army Aviation Corps in 1998. He later complained that his name was not considered for promotion to Major General, despite being the senior-most Brigadier in the Corps, and the complaint was rejected …

V. AYYANNAversusGOVT. OF A.P. AND ORS.

2010 INSC 641Dismissed

The appellant, a Basic Health Worker, was merged into the Multipurpose Health Assistant cadre by G.O.M. No. 85 (21‑01‑1978) but lacked the essential Sanitary Inspector Training Course (SITC) certificate required for that post. The State Administrative Tribunal, in earlier decisions (R.P. No. …

PYARE MOHAN LALversusSTATE OF JHARKHAND & ORS.

2010 INSC 597Dismissed

The petitioner, a judicial officer, challenged his compulsory retirement order issued under Rule 74(b)(ii) of the Jharkhand Civil Services Code, arguing that adverse entries in his Annual Confidential Reports (ACRs) were uncommunicated, had been "washed off" by subsequent promotion, and that the …

COMMON CAUSE (A REGD. SOCIETY)versusUNION OF INDIA & ANR.

2010 INSC 522Disposed off

The society Common Cause filed a public‑interest writ petition under Article 32 seeking directions to the Union Government to adopt its suggestions for curbing non‑performing assets (NPAs) and to convert the Serious Fraud Investigation Office (SFIO) into a statutory body with adequate powers. The …

HARI SINGH NAGRA & ORS.versusKAPIL SIBAL & ORS.

2010 INSC 406Disposed off

Senior Advocate Kapil Sibal contributed a message to a literary association's souvenir expressing concerns about the legal fraternity and criticizing certain judicial practices. The message was not released to the press and was circulated only among members, but excerpts were later published in the …

MADRAS BAR ASSOCIATIONversusUNION OF INDIA

2010 INSC 306Directions issued

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005 and the provisions of Article 323B (and Article 3238) of the Constitution, arguing that the Act undermines the basic structure by creating a parallel tribunal system under executive control. The …

MD. ASHIF AND ORS.versusSTATE OF BIHAR AND ORS.

2010 INSC 281Dismissed

The appellants were initially engaged as Voluntary Health Workers on a nominal honorarium and were later absorbed as Primary Health Workers by the Chief Medical Officer without following the prescribed recruitment procedure. After serving for about fifteen years, they were terminated on the ground …

DAMODAR S. PRABHUversusSAYED BABALAL H.

2010 INSC 260Disposed off

The appellant and respondent were parties to commercial transactions in which five cheques issued by the appellant were dishonoured, leading to criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. After protracted litigation up to the Supreme Court, the parties reached a …

DHARAMBIRversusSTATE (NCT OF DELHI) AND ANR.

2010 INSC 238Case Partly allowed

The appellant, Dharmabir, was convicted of murder and attempted murder committed in August 1991 when he was 16 years, 9 months old. At the time of the offences the Juvenile Justice Act, 1986 did not deem him a juvenile, but the Juvenile Justice (Care and Protection of Children) Act, 2000, which …

N. SURESH NATHAN & ORS., ETC. ETC.versusUNION OF INDIA & ORS. ETC. ETC.

2010 INSC 230Disposed off

The case concerned promotion of Section Officers/Junior Engineers to the post of Assistant Engineer in the Pondicherry Public Works Department under the 1965 Recruitment Rules. The Supreme Court examined whether its earlier decision in N. Suresh Nathan & Ors. v. Union of India bound courts on the …

DAYA KISHANversusSTATE OF HARYANA

2010 INSC 234Case Partly allowed

The case arose from a violent incident in which the nephew of a first informant, Rajesh, was shot dead and others injured after a dispute over goods. The appellant, Daya Kishan, was convicted under Sections 302, 307, 323 and 148 read with Section 149 of the IPC, the first conviction being based on …

SHAUKATversusSTATE OF UTTARANCHAL

2010 INSC 235Disposed off

The appellant Shaukat and his father Sabbir were charged with killing Wilayat and injuring Rahmat over a dispute about digging earth from a village pond. The trial court convicted Shaukat under Sections 302 and 307 IPC; the High Court reduced the conviction to Section 304(Part I) and 308 IPC, …

CHIEF EXECUTIVE OFFICER, ZILLA PARISHADversusSTATE OF MAHARASHTRA & OTHERS

2010 INSC 233Case Partly allowed

The respondent, a temporary assistant teacher appointed under the Scheduled Tribes quota, had his tribe certificate invalidated by the Scheduled Tribe Caste Scrutiny Committee, leading to termination of his services. He later claimed Special Backward Class (SBC) status and sought reinstatement under …

UDHO DASSversusSTATE OF HARYANA & ORS.

2010 INSC 228Appeal(s) allowed

The Supreme Court examined the compensation payable for 162.5 acres of land acquired in 1990 under the Land Acquisition Act, 1894 for a housing project in Sonepat, Haryana. The Collector initially awarded Rs 2 lakh per acre, which was later enhanced by the reference court and the High Court using a …

HIRABHAI JHAVERBHAIversusSTATE OF GUJARAT & OHS.

2010 INSC 203Appeal(s) allowed

The appellant was convicted under Section 324 IPC for an offence committed on 23 July 1986 and sentenced to six months' imprisonment. The Gujarat High Court upheld the conviction and rejected the appellant's application to compound the offence. After the conviction, the victims filed an affidavit …

SAWARAN LATA ETC.versusSTATE OF HARYANA & ORS.

2010 INSC 190Dismissed

The State of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894 on 2 May 2001, followed by a declaration under Section 6 on 30 April 2002, and made an award under Section 11 on 27 April 2004, taking possession of the petitioners' land. The petitioners filed writ …

SAHDEO @ SAHDEO SINGHversusSTATE OF U.P. AND ORS.

2010 INSC 115Appeal(s) allowed

The Supreme Court examined contempt proceedings initiated suo motu by the Allahabad High Court against police personnel accused of illegally detaining a man whose whereabouts were unknown. The High Court had presumed the detainee dead under Section 108 of the Evidence Act, despite only 4½ years …

PUNJAB STATE ELECTRICITY BOARD & ANR.versusNARATA SINGH & ANR.

2010 INSC 118Dismissed

Narata Singh, a former work‑charged employee of various Punjab State departments (Irrigation & Power, Bhakra Dam, Beas Dam) from 1952 to 1978, was retrenched and later joined the Punjab State Electricity Board (PSEB) as a work‑charged employee in 1982, regularised in 1984 and retired in 1990. He …

P.K. SINGHversusM/S. S.N. KANUNGO AND OTHERS

2010 INSC 110Disposed off

The case arose from an arbitration award directing the Andaman and Nicobar Administration to pay a contractor a sum with interest. The Executive Engineer (appellant) wrote letters to the contractor seeking to adjust the award by having the contractor accept only the principal amount and waive …

GYAN MANDIR SOCIETY AND ANR.versusASHOK KUMAR & ORS.

2010 INSC 100Disposed off

The Gyan Mandir Society was required to vacate its school at Tis January Lane after being allotted a new site at Sadiq Nagar. The teachers of the old school filed a writ petition seeking, among other reliefs, that the society absorb the teachers and students from the old school and provide free …

UNION OF INDIA AND ANR.versusKARTICK CHANDRA MONDAL AND ANR.

2010 INSC 44Appeal(s) allowed

The respondents were engaged as casual labourers in the Ordnance Factory Board from 1981 to 1983 and were disengaged because they were not recruited through the Employment Exchange as required then. They filed petitions before the Central Administrative Tribunal (CAT) seeking re‑engagement and …

SUDHIR KUMARversusSTATE OF PUNJAB

2010 INSC 42Dismissed

The appellant Sudhir Kumar was convicted under Section 304B of the IPC for the dowry death of his wife, Kamlesh Rani, while his mother and other relatives were acquitted. The Supreme Court examined whether the presumption of dowry death under Section 113B of the Evidence Act was rebutted because …

CHANDRAWATIversusRAMJI TIWARI & ANR. ETC.

2010 INSC 43Dismissed

The case arose from a 1997 incident in which Ramji Tiwari, armed with a double‑barrel gun, shot and killed several persons after being urged by co‑accused. The trial court convicted Ramji under Section 302 IPC and sentenced him to death, while the other four accused were convicted under Section 302 …

AFTAB AHMAD ANSARIversusSTATE OF UTTARANCHAL

2010 INSC 33Dismissed

The appellant was convicted for the rape and murder of a five‑year‑old girl and for causing disappearance of evidence, based primarily on circumstantial evidence. The prosecution proved that the appellant was seen fleeing the scene, that blood‑stained clothes of the victim were recovered from his …

DINESH JAISWALversusSTATE OF M. P.

2010 INSC 34Appeal(s) allowed

On 8 July 1987 the prosecutrix alleged that the appellant entered her house, assaulted her with three tangi blows and raped her, after which she snatched the weapon and injured him. Both parties were said to have become unconscious; the husband, son and a relative arrived, and an FIR was lodged. The …

HARYANA FINANCIAL CORPORATION & ANR.versusRAJESH GUPTA

2009 INSC 1306Dismissed

The Haryana Financial Corporation (HFC) advertised an auction of a defaulting unit’s land and accepted a Rs.2.5 lakh earnest deposit from Rajesh Gupta, the highest bidder. Gupta discovered that the plot lacked an independent access road and repeatedly requested clarification and plans, but HFC …

KAILASH NATHversusSTATE OF U.P.

2009 INSC 1298Dismissed

The case involved a night‑time shooting in which Deep Singh was killed and his wife Chhoti was injured; eight persons were alleged to have participated. The trial court convicted all seven surviving accused under Sections 302, 149 and 307 of the IPC. The Allahabad High Court acquitted four accused …

PANNEY @ PRATAP NARAIN SHUKLA & ANR.versusSTATE OF U.P.

2009 INSC 1294Dismissed

The appellants Panney @ Pratap Narain Shukla and Channey @ Prabhu Narain Shukla were convicted for the murder of Shivdhari, who was killed by a bomb, a pistol shot and a neck cut during a land‑dispute. The trial court sentenced them to death, a decision affirmed by the High Court and upheld on …

UNION OF INDIA AND ORS.versusV.D. DUBEY (DEAD) BY LRS.

2009 INSC 1290Dismissed

The Supreme Court examined whether Rule 2423-A of the Indian Railway Establishment Code, as amended, which permits adding certain years of service to the qualifying service for superannuation pension, is available to railway officers who retired after 31 March 1960 irrespective of whether their …

DR. GULSHAN PRAKASH & ORS.versusSTATE OF HARYANA & ORS.

2009 INSC 1268Disposed off

The petitioners challenged the prospectus of Maharshi Dayanand University for MD/MS/PG courses, alleging that the absence of reservation for Scheduled Caste and Scheduled Tribe candidates violated Article 15(4) of the Constitution. The High Court dismissed the writ petition and the appellants …

WAHID KHANversusSTATE OF MADHYA PRADESH

2009 INSC 1266Dismissed

The appellant, Wahid Khan, was convicted under Section 376 of the IPC for raping a 12‑year‑old girl, while being acquitted of Section 366. The prosecution relied on the consistent testimony of the victim, an FIR lodged immediately after the incident, and the eyewitness account of a police …

ABBAS AHMAD CHOUDHARYversusSTATE OF ASSAM

2009 INSC 1262Disposed off

On 15 September 1997 three accused—Md. Mizazul Haq, Abbas Ahmad Choudhary and an absconding Ranju Das—kidnapped, gagged and raped a girl aged about 13‑15 years. The trial court convicted both appellants under Sections 376 and 336 of the Indian Penal Code, a decision upheld by the Gauhati High Court. …

R.P. TYAGIversusSTATE (GOVT. OF NCT OF DELHI)

2009 INSC 1229Dismissed

In 1987 a police constable was stabbed by Mahender and Ram Kumar. The SHO, R.P. Tyagi, detained the accused's family members and beat them, leading to Mahender's death. Tyagi was initially convicted of murder under IPC s.302 and sentenced to death, but the Delhi High Court modified the conviction to …

BALWANTBHAI B. PATELversusSTATE OF GUJARAT & ORS.

2009 INSC 1122Appeal(s) allowed

On 30 November 1993, three accused—Thakorbhai, Jagdishbhai and Balwantbhai Patel—attacked a group of men in Bharuch, resulting in the death of Sagir Ahmed. Balwantbhai Patel was alleged to have caught hold of Gyasuddin Ansari, enabling Jagdishbhai to inflict a simple injury. All three were convicted …

STATE OF PUNJABversusRAJINDER SINGH

2009 INSC 1042Dismissed

The case concerns the murder of Harinder Kumar, who was shot during a dispute over brick‑kiln ownership. Rajinder Singh was convicted by the trial court under IPC s.302 and the Arms Act s.27, but the Punjab and Haryana High Court acquitted him, relying on a conflict between eyewitness testimony that …

RAMESH KUMAR @ TONIversusSTATE OF HARYANA

2009 INSC 583Disposed off

The appellant, while working in his field, struck Rajinder Pal on the head with a spade after a verbal altercation when the victim entered the field. The victim later died, and the trial court convicted the appellant under Section 302 of the IPC, sentencing him to life imprisonment, a decision …

RAMJEE PRASAD & ANR.versusSTATE OF BIHAR

2009 INSC 584Appeal(s) allowed

The appellants, a father and son, were convicted for selling adulterated "Chhena Mithai". The Public Analyst reported adulteration with starch, and the Central Food Laboratory confirmed adulteration but did not specify starch. The trial court and first appellate court convicted them under Section …

MAHAVIR JANGONDA PATILversusDIRECTOR OF RESETTLEMENT & ORS.

2009 INSC 585Dismissed

The appellant challenged the Maharashtra Resettlement of Project Displaced Persons Act notifications that declared his village a benefited zone and the subsequent land acquisition under the Land Acquisition Act. He argued that a 1979 compromise and partition of his family’s land, which reduced his …

SALIL CHATURVEDIversusUNION OF INDIA & ORS.

2009 INSC 312Disposed off

Saul Chaturvedi filed a public interest writ petition under Article 32 alleging that several State Governments and local authorities had failed to implement Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates …

SPEECH & SOFTWARE TECHNOLOGIES (INDIA) PVT.versusNEOS INTERACTIVE LTD.

2008 INSC 1407Appeal(s) allowed

Speech & Software Technologies (India) Pvt. Ltd. entered into a Services Agreement with Neos Interactive Ltd. on 15 July 2006 for monthly service fees. The respondent argued that the Services Agreement was a schedule to a later Tripartite Share Purchase Agreement (TSPA) and that, because the TSPA …

V.K. SRIVASTAVA & ORS.versusGOVT. OF U.P. & ANR.

2008 INSC 1013Disposed off

The petitioners, members of the Uttar Pradesh Judicial Service, challenged the retrospective application of the Uttar Pradesh Higher Judicial Service Rules, 1953 (amended 2007) which altered the promotion and recruitment ratios for the Higher Judicial Service. They argued that vacancies that arose …

GORIGE PENTAIAHversusSTATE OF A.P. & ORS.

2008 INSC 955Appeal(s) allowed

The appellant Gorige Pentaiah was charged in a criminal complaint filed by Bakaram Eswar alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC sections 427, 447 and 506, relating to demolition of a wall, caste insult and intimidation in a land …

STATE OF MEGHALAYA & ORS.versusMECKEN SINGH N.MARAK

2008 INSC 628Appeal(s) allowed

The respondent, a Sub‑Inspector of Police, was instructed to transport pay and a service revolver to Shillong in a departmental vehicle but instead travelled by bus, resulting in the loss of Rs.17,314 and the revolver with ammunition. A departmental inquiry proved his misconduct and the competent …

SUPERSTAR EDUCATION SOCIETYversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 57Disposed off

The Supreme Court examined a challenge to the Maharashtra Government's order dated 16 May 2006 that granted permission to 1,495 new higher secondary schools on a permanent no‑grant basis, subject to conditions under the Education Code and the Maharashtra Employees of Private Schools (Conditions of …

EMP. STATE INSURANCE CORPORATIONversusH.M.T. LTD. AND ANR.

2008 INSC 48Case Allowed

The employer, H.M.T. Ltd., failed to deposit the Employees' State Insurance contributions within the statutory period, prompting the Employees' State Insurance Corporation (ESIC) to claim interest and damages under Section 858 of the Employees' State Insurance Act, 1948. The Karnataka High Court …

UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA ANDANR.versusSTATE OF U.P. & ORS.

2007 INSC 1228Dismissed

The appellant, a cooperative society, repeatedly filed several writ petitions and a public interest litigation challenging recovery proceedings and the constitutionality of Section 35A of the Uttar Pradesh Khadi and Village Industries Board Act, 1960. The High Court dismissed the latest writ …