Created by Fuzzy Cloud

MUKUNDAKAM SHARMA

155 judgments · newest first · showing 1–155

JAIPUR VIKAS PRADHIKARANversusSRI ASHOK KUMAR CHOUDHARY & ORS.

2011 INSC 688Disposed off

Jaipur Vikas Pradhikaran engaged Advocate No.1 on a retainer to defend its land‑acquisition cases. The advocate also appeared for his sister (the wife of Advocate No.3) in the same reference case, thereby creating a conflict of interest which he failed to disclose. He did not file the required …

MAHESH & ANR.versusSTATE OF MADHYA PRADESH

2011 INSC 679Dismissed

The case involved the murder of Kirori, where Mahesh and Kanhaiyalal were initially acquitted by the trial court but later convicted by the High Court under Section 302 read with Section 34 of the IPC. The appellants argued that the FIR did not mention their role, that eyewitness statements were …

PEPSICO INDIA HOLDING PVT. LTD.versusSTATE OF MAHARASHTRA & ORS.

2011 INSC 675Dismissed

PepsiCo India Holding Pvt. Ltd. challenged the levy of increased water charges by the Maharashtra Industrial Development Corporation (MIDC) on the ground that the rates, notified in 2001, were being imposed retrospectively and violated the water‑supply agreement and the equality clause of the …

MOHD. SALMANversusCOMMITTEE OF MANAGEMENT & ORS.

2011 INSC 661Dismissed

The appellant was appointed as an Assistant Teacher on a one‑year probationary basis, which was subsequently extended twice. His performance was repeatedly found unsatisfactory, and he was terminated under Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali. The …

OM PRAKASHversusSTATE OF PUNJAB AND ORS.

2011 INSC 664Dismissed

The appellant, a Head Constable of Punjab Police, was dismissed for being absent without leave for 39 days in 1984. He challenged the dismissal in a civil suit, arguing that the later regularisation of his leave nullified the charge of unauthorized absence and that procedural defects—failure to …

ALUVA SUGAR AGENCYversusSTATE OF KERALA

2011 INSC 657Appeal(s) allowed

Aluva Sugar Agency sold bakery margarine and argued that it should attract the concessional 4% tax rate under Entry 17A of the Kerala General Sales Tax Act, 1963, on the ground that margarine is an edible oil. The Sales Tax Officer and the Kerala High Court held that margarine fell under Entry 90 of …

COMMNR. OF CENTRAL EXCISE, NOIDAversusMIS. KITPLY INDUSTRIES LTD.

2011 INSC 658Appeal(s) allowed

The Central Excise Department appealed against Kitply Industries Ltd., contending that its laminated particle board and laminated medium density fibre board should be classified under sub‑headings 4406.90/4407.90 of Chapter 44.06/44.07 of the Central Excise Tariff Act, 1985. The respondent argued …

ARSHAD JAMILversusSTATE OF UTIARAKHAND & ORS.

2011 INSC 660Disposed off

Arshad Jamil, a civil judge appointed to a reserved OBC post in Uttarakhand, obtained a caste certificate claiming ordinary residence in Roorkee. Evidence showed he was a permanent resident of Muzaffarnagar, Uttar Pradesh, with electoral rolls, ration card, and bar enrollment supporting this. The …

SANJAY KUMAR SINGHversusUNION OF INDIA & ORS.

2011 INSC 654Dismissed

Four CRPF personnel survived an ambush on 13 March 1999 in which five members of their escort vehicle were killed. They were charged with disobedience of orders, gross misconduct and cowardice, and a departmental inquiry found them guilty, leading to their dismissal. The appellants challenged the …

AJAY KUMAR DASversusSTATE OF JHARKHAND & ANR.

2011 INSC 655Dismissed

The appellant, Ajay Kumar Das, was charged under IPC 304B (dowry death) read with s.34 for the death of his wife, who was allegedly pushed into a well by her parents‑in‑law after a telephone conversation with the appellant. The FIR implicated the parents‑in‑law and the appellant, and a charge‑sheet …

SAMAR BAHADUR SINGHversusSTATE OF U.P. & ORS.

2011 INSC 647Dismissed

The appellant, a constable in the Provincial Armed Constabulary, was found absent without permission and later forcibly seized a bottle of liquor from a wine shop while under the influence of alcohol. He was charged in a criminal case under Section 392 of the Indian Penal Code, but was acquitted. …

COMMNR. OF CENTRAL EXCISE, MEERUT-IIversusM/S. SUNDSTRAND FORMS P. LTD.

2011 INSC 622Appeal(s) allowed

The appellant, Commissioner of Central Excise, challenged the Tribunal's decision that the carbonless paper used by the respondent, Sundstrand Forms Ltd., in manufacturing computer stationery was exempt from duty. The respondent argued that the intermediate carbonless paper should be classified …

KANDARPA SARMAversusRAJESWAR DAS AND ORS.

2011 INSC 609Appeal(s) allowed

The State of Assam advertised for the post of Gaonburah and appointed Kandarpa Sarma after a selection committee evaluated candidates on suitability. Rajeshwar Das, the nephew of a former Gaonburah, appealed under executive instruction para 162, and the Deputy Commissioner set aside Sarma's …

UNIFLEX CABLES LTD.versusCOMMISSIONER, CENTRAL EXCISE, SURAT-II

2011 INSC 604Case Partly allowed

Uniflex Cables Ltd., a manufacturer of insulated wires, claimed exemption from central excise duty under Notification 205/88 (as amended) on the ground that its cables were specially designed for wind‑mills. The Revenue authorities rejected the claim, asserting that the cables were neither parts nor …

P. PARTHASARATHYversusSTATE OF KARNATAKA & ORS.

2011 INSC 605Dismissed

Petitioner P. Parthasarathy owned about 2 acres of land in Kengeri, Karnataka, which the State sought to acquire for the Bangalore‑Mysore Infrastructure Corridor project under the Karnataka Industrial Areas Development Act, 1966. After a preliminary notification under s.28(1) and no objection from …

SPL. LAND ACQUISITION OFFICER .versusMAHARANI BISWAL AND ORS.

2011 INSC 606Disposed off

The Special Land Acquisition Officer fixed compensation of Rs.3,100 per acre for land acquired under Section 4 of the Land Acquisition Act, 1894. The landowners challenged this amount; the reference court raised it to Rs.10,000 per acre, and the High Court further increased it to Rs.75,000 per acre. …

M/S. PRAKASH JHA PRODUCTION AND ANR.versusUNION OF INDIA AND ORS.

2011 INSC 595Case Partly allowed

The petitioners, producers of the film "Aarakshan", challenged the Uttar Pradesh Government's order suspending the film's exhibition under Section 6(1) of the Uttar Pradesh Cinemas (Regulation) Act, 1955, arguing that the power to suspend could be exercised only when a film is already being publicly …

THE REGISTRAR GENERAL, HIGH COURT OF MADRASversusM. MANICKAM AND ORS.

2011 INSC 586Appeal(s) allowed

M. Manickam, a District Munsif, claimed that his date of birth recorded in service records (19‑Mar‑1947) was incorrect and sought to have it changed to 24‑Nov‑1950 to extend his retirement. He filed an application for change in 1993, more than five years after his entry into service, and addressed …

COMMNR. OF CUSTOMS EXCISE, NEW DELHIversusMIS. LIVING MEDIA (INDIA) LTD.

2011 INSC 589Disposed off

The respondents, media companies, imported pre‑recorded audio cassettes and compact discs and paid royalties to foreign artists. The Customs Department assessed duty on a higher value, arguing that the royalty must be added to the transaction value under Section 14 of the Customs Act and Rule …

EASTERN COALFIELDS LTD.versusM/S TETULIA COKE PLANT (P) LTD. & ORS.

2011 INSC 568Disposed off

The appeal challenges a Calcutta High Court order that upheld a writ petition against the e‑auction scheme for coal sales. The Supreme Court had earlier, in Ashoka Smokeless Coal India Ltd. v. Union of India (2007) 2 SCC 640, declared the e‑auction scheme ultra‑vio​lus of Article 14 and directed …

STATE OF JHARKHAND & ORS. ETC.versusM/S. SHIVAM COKE INDUSTRIES, DHANBAD, ETC.

2011 INSC 569Disposed off

The respondents, manufacturers of coke, were assessed for tax under the Bihar Finance Act, 1981 and the Deputy Commissioner issued revised assessment orders. After a change in the Deputy Commissioner, the new officer highlighted irregularities and informed the Joint Commissioner, who then exercised …

COMMISSIONER OF CENTRAL EXCISE, BELAPUR, MUMBAIversusRDC CONCRETE (INDIA) P. LTD.

2011 INSC 563Case Allowed

The Revenue Department alleged that RDC Concrete (India) Ltd. undervalued its pavers and sold them to an inter‑connected company to evade excise duty. The CESTAT upheld the duty demand but later, upon a rectification application under Section 35C(2) of the Central Excise Act, 1944, modified its …

SEC., U.P.S.C. AND ANR.versusS. KRISHNA CHAITANYA

2011 INSC 547Appeal(s) allowed

The respondent, S. Krishna Chaitanya, claimed he had sent his UPSC Civil Services Examination application by courier but did not receive an acknowledgment card, and therefore sought an interim order directing UPSC to issue an admission certificate and later to declare his result. The Central …

IDEA MOBILE COMMUNICATION LTD.versusC.C.E. & C., COCHIN

2011 INSC 543

Idea Mobile Communication Ltd sold SIM cards to its subscribers and charged both sales tax and service tax on activation. The dispute centered on whether the value of the SIM cards should be taxed as a service under Section 65(105) of the Finance Act, 1994, or as a sale of goods under the Kerala …

BHANU PRATAPversusSTATE OF HARYANA AND ORS.

2011 INSC 538Dismissed

The appellant, Bhanu Pratap, appeared for the 2003 Haryana Civil Services (Judicial Branch) examination for Subordinate Judge and obtained 508 out of 1020 marks (49.8%), falling short of the statutory 50% aggregate requirement. He sought a mandamus directing his appointment, arguing that the …

ORISSA PUBLIC SERVICE COMMISSION & ANR.versusRUPASHREE CHOWDHARY & ANR.

2011 INSC 539Appeal(s) allowed

The respondent secured 44.93% aggregate marks in the Orissa Judicial Service Main Written Examination, falling short of the 45% threshold prescribed by Rule 24 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007. She filed a writ petition seeking that her marks be rounded …

M/S EUREKA FORBES LIMITEDversusSTATE OF BIHAR AND ORS

2011 INSC 519Dismissed

M/s Eureka Forbes Ltd., the appellant, challenged the assessment of sales tax on its vacuum cleaners for the years 1990-91 to 1993-94, contending that the product should be taxed at the standard 8% rate. The State of Bihar, relying on Entry 81 of the Notification dated 26-12-1977 issued under …

DISTRICT PRIMARY SCHOOL COUNCIL, WBversusMRITUNJOY DAS & ORS.

2011 INSC 520Appeal(s) allowed

The respondents were appointed as Assistant Teachers in West Bengal primary schools after obtaining a Primary Teachers' Training Institute (PTI) certificate, which they secured by inflating their marks to gain admission to the training course. Upon discovery of the fraud, the District Primary School …

MOHD.HAMID & ANR ETC.ETCversusBADI MASJID TRUST & ORS.ETC.ETC.

2011 INSC 505Dismissed

The Supreme Court considered appeals against a Nagpur High Court order directing the exhumation of a saint's body that had been buried without permission on school premises. The appellants argued that Islamic law (fatwas) prohibited exhumation and that the High Court lacked jurisdiction, contending …

ANIL SACHAR & ANR.versusM/S SHREE NATH SPINNERS P. LTD. & ORS. ETC.

2011 INSC 503Disposed off

The complainants, partners of Rati Woolen Mills, alleged that cheques issued by Munish Jain in his capacity as director of A.T. Overseas Ltd., a sister concern of Shree Nath Spinners Pvt. Ltd., were given for payment of goods supplied to Shree Nath Spinners. The cheques were dishonoured and the …

G. KRISHNAREDDYversusSAJJAPPA (D) BY LRS. AND ANR.

2011 INSC 497Dismissed

The dispute concerned a 2‑acre agricultural plot allotted by the Karnataka Government to Smt. Munemma on 8 January 1957 with a condition prohibiting alienation for fifteen years. Her son, Gopalappa, purchased the land on 20 December 1968, in contravention of that condition. After the Karnataka …

JAGDISH PARWANIversusUNION OF INDIA & ORS.

2011 INSC 495Dismissed

Jagdish Parwani, a former employee of the Uttar Pradesh State Electricity Board, was appointed to a Central Government post in the Military Engineering Service on 23 February 1990 with a pay scale fixed at the minimum of Rs. 2200. He later claimed pay protection under the Ministry of Personnel's …

JALANDHAR IMPROVEMENT TRUSTversusVINOD KUMAR AND ORS.

2011 INSC 494Appeal(s) allowed

The Jalandhar Improvement Trust claimed ownership of 2½ kanals of land that forms part of a 55‑acre development scheme acquired by a 1977 award. The respondents, displaced persons from Pakistan, asserted that the land was evacuee property and sought proprietary rights, contending that the Trust’s …

BINABAI BHATEversusSTATE OF MADHYA PRADESH AND ORS.

2011 INSC 429Dismissed

The appellant's land was included in a draft development plan under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, for a mela. After objecting, a committee recommended that the land not be required, but the State Government later incorporated the land in the final plan without a …

NATIONAL INSURANCE CO. LTD.versusSHYAM SINGH AND ORS.

2011 INSC 440Appeal(s) allowed

The parents of a 19‑year‑old mechanical fitter who died in a motor accident claimed compensation for loss of dependency. The Motor Accident Claims Tribunal awarded Rs 1,72,000 using a multiplier of 9 based on the average age of the parents (55‑56 years). The High Court enhanced the multiplier to 18, …

M/S. RAJMAL LAKHICHAND AND ANR.versusCOMMR. CEN. EXC. & CUSTOMS, AURNAGABAD

2011 INSC 445Dismissed

The Directorate of Revenue Intelligence seized about 1,913 kg of silver from the appellants, issuing a show‑cause notice which was later discharged by the adjudicating authority. The Customs, Excise & Gold (Control) Appellate Tribunal ordered confiscation of the entire seized silver, directing …

COMMISSIONER OF CUSTOMS, CALCUTTAversusG. C. JAIN AND ANR.

2011 INSC 439Dismissed

The respondents imported fourteen consignments of Butyl Acrylate Monomer (BAM) and cleared them duty‑free as "adhesives" under advance licences issued under the DEEC scheme. The Commissioner of Customs held that BAM was not an adhesive, invoked the extended period of limitation and demanded customs …

GURU DEV SINGHversusSTATE OF M.P.

2011 INSC 377Dismissed

The appellant, Guru Dev Singh, was one of three accused who attacked Bhola Singh and another man with a kirpan, lohangi and lathi, causing Bhola Singh's death. Eye‑witnesses PW‑1 and PW‑2 testified that the accused surrounded the victims, struck them on vital parts and threw the dead body into a …

COMMISSIONER OF POLICE, DELHI & ORS.versusJAI BHAGWAN

2011 INSC 373

The respondent, a constable in the Delhi Police, was accused of extorting Rs.100 from a passenger at the airport and later returning the money. A departmental enquiry found him guilty of gross misconduct and dismissed him, a decision upheld by the appellate authority and the Central Administrative …

M/S. BANSAL WIRE INDUSTRIES LTD. AND ANR.versusSTATE OF U.P. AND ORS.

2011 INSC 330Dismissed

M/s Bansal Wire Industries Ltd., a manufacturer of stainless steel wire, challenged the assessment that taxed its product at 4% under the Central Sales Tax Act, arguing that stainless steel wire is a "declared commodity" within the "iron and steel" category of Section 14(iv) and thus eligible for …

STATE OF U.P. AND ORS.versusM/S. MAHINDRA AND MAHINDRA LTD.

2011 INSC 318Appeal(s) allowed

The Supreme Court examined a dispute where Mahindra & Mahindra Ltd. sought exemption from Uttar Pradesh sales tax on tractors, arguing that the exemption should be based on engine capacity (1800 CC) as per Central Government excise notifications. The Uttar Pradesh government had issued a sales‑tax …

COMMISSIONER OF TRADE TAX, U.P.versusVARUN BEVERAGES LIMITED

2011 INSC 289Case Partly allowed

The Commissioner of Trade Tax appealed against a High Court order that had allowed the inclusion of both bottles and crates used by Varun Beverages Ltd. in the definition of "fixed capital investment" under Section 4‑A(4) of the Uttar Pradesh Trade Tax Act, 1948, thereby granting tax exemption. The …

COMMNR., CENTRAL EXCISE , BANGALOREversusM/S. MEYER HEALTH CARE PVT. LTD. & ORS.

2011 INSC 282Appeal(s) allowed

The Central Excise Department had registered a case against Meyer Health Care on 19 September 1998. The respondent later obtained an assignment deed for the relevant trademark on 6 October 1998 and claimed exemption under the Excise Exemption Notification on that basis. The Tribunal held that the …

STATE OF J & K & ANRversusAJAY DOGRA

2011 INSC 281Appeal(s) allowed

The State of Jammu & Kashmir issued advertisements for direct recruitment of Prosecuting Officers, prescribing mandatory physical standards of height (5'6") and chest measurements as per Rule 176 of the Jammu & Kashmir Police Rules, 1960. Applicants who failed to meet these standards were …

COMMISSIONER OF TRADE TAX, U.P.versusM/S. KARTOS INTERNATIONAL ETC.

2011 INSC 274Appeal(s) allowed

The appellant, Commissioner of Trade Tax, Uttar Pradesh, challenged the respondent M/s Kartos International's claim that its scientific and biological equipment—such as biosafety cabinets, laminar flow cabinets, fume hoods, and clean room garments—were exempt from trade tax under Notification No. …

PRADEEP OIL CORPORATIONversusMUNICIPAL CORPORATION OF DELHI AND ANR.

2011 INSC 278Dismissed

Pradeep Oil Corporation was granted land by the Government under the Government Grants Act to erect petroleum storage tanks and related structures. The Municipal Corporation of Delhi assessed property tax on the tanks, treating them as "buildings". The corporation argued the grant was a lease, …

PEPSICO INDIA HOLDINGS LTD.versusCOMMISSIONER OF TRADE TAX, LUCKNOW, U.P.

2011 INSC 271Dismissed

Pepsico India Holdings Ltd., a beverage manufacturer in Uttar Pradesh, challenged the trade tax assessed on a turnover of Rs 8.54 crore arising from rentals of glass bottles and crates for the assessment year 1999‑2000, arguing that such rentals were not taxable under s.3‑F of the U.P. Trade Tax …

SHANTA TALWAR & ANR.versusUNION OF INDIA & ORS.

2011 INSC 270Dismissed

The appellants challenged the acquisition of land for the Prem Nagar Metro station, arguing that the Metro Railways (Construction of Works) Act, 1978, being a special law, should exclusively govern such acquisitions and that the Land Acquisition Act, 1894, was impliedly repealed. The respondents …

UNION OF INDIA AND ANR.versusM.M. SHARMA

2011 INSC 241Appeal(s) allowed

The case concerned M.M. Sharma, a First Secretary in the Indian Embassy in China, who was dismissed from service under clause (c) of the second proviso to Article 311(2) of the Constitution because of alleged unauthorized liaison with foreign nationals that threatened national security. Sharma …

ASSISTANT COMMERCIAL TAXES OFFICERversusM/S MAKKAD PLASTIC AGENCIES

2011 INSC 235Appeal(s) allowed

The Rajasthan Sales Tax Assessing Officer had assessed M/s Makkad Plastic Agencies at a 10% rate, which was later set aside by the Deputy Commissioner (Appeals) and then restored by the Rajasthan Taxation Board. The assessee filed a rectification application under Section 37 of the Rajasthan Sales …

SANGAM SPINNERS L TO. ,versusUNION OF INDIA & ORS.

2011 INSC 223Dismissed

Sangam Spinners Ltd. and other manufacturers used high‑speed diesel (HSD) oil in captive power plants to generate electricity for their factories and claimed credit of duty (MODVAT) under the Central Excise Rules. The authorities denied the credit, citing Notifications dated 1‑Mar‑1994 and …

COMMERCIAL TAXES OFFICERversusM/S. JALANI ENTERPRISES

2011 INSC 218Appeal(s) allowed

The Supreme Court examined whether Jaljira and similar spice mixtures manufactured by M/s Jalani Enterprises constitute "packed masala" under Entry No. 184 of the Rajasthan Sales Tax notification dated 29.03.2001. The High Court had held that Jaljira was a drink falling under the residuary entry and …

COMMR. OF COMMERCIAL TAXES AND ORS.versusCHITRAHAR TRADERS

2011 INSC 211Dismissed

The Neyveli Lignite Corporation (NLC), a government undertaking, entered into an agreement with Metal Scrap and Trading Corporation Ltd. (MSTC) to dispose of its condemned plant and machinery as iron and steel scrap. Chitrahar Traders purchased the material through an e‑auction, and the acceptance …

RAJESH KUMAR SRIVASTAVAversusSTATE OF JHARKHAND & ORS.

2011 INSC 197Dismissed

The appellant, a probationer Munsif, was discharged from service after a complaint that he had improperly discharged accused in a criminal case. The matter was examined by the High Court's Standing Committee and Full Court, which concluded that his overall performance and conduct were unsatisfactory …

AJIT KUMARversusSTATE OF JHARKHAND & ORS.

2011 INSC 198Dismissed

The appellant, a subordinate judge, was removed from service by the Governor on the recommendation of the Jharkhand High Court, which had dispensed with a departmental inquiry under Article 311(2)(b) of the Constitution. The judge challenged the removal, arguing that the High Court lacked authority …

M/S HANS STEEL ROLLING MILL.versusCOMMNR. OF CENTRAL EXCISE, CHANDIGARH

2011 INSC 199Dismissed

Hans Steel Rolling Mill, a manufacturer of steel products, opted for the compound levy scheme under Section 3A of the Central Excise Act and paid duty as per Rule 96ZP. The Commissioner initially fixed its annual capacity at 3355 MT, later revised to 1890 MT after the mill altered its parameters. …

UNION OF INDIA & ORSversusM/S. IND-SWIFT LABORATORIES LTD

2011 INSC 141Appeal(s) allowed

Ind‑Swift Laboratories Ltd., a bulk drug manufacturer, admitted that it had claimed CENVAT credit on fraudulent invoices between 2001 and 2006 and paid the assessed duty. The Settlement Commission, under Sections 32E and 32F of the Central Excise Act, 1944, settled the matter and imposed simple …

RAM NARAYAN TIWARIversusUNION OF INDIA & ORS

2011 INSC 142Dismissed

The appellant, a Corporal in the Indian Air Force, was convicted by a District Court‑Martial of sexual abuse of a nine‑year‑old and sentenced to three months' detention and reduction in rank. The Confirming Authority upheld the conviction but commuted the detention to dismissal from service. The …

M/S. UTTAM INDUSTRIESversusCOMMNR. OF CENTRAL EXCISE, HARYANA

2011 INSC 143Dismissed

Uttam Industries, a manufacturer of aluminium circles and utensils, claimed exemption under Central Excise Notification No.180/88‑CE as amended by Notification No.135/94‑CE, which is conditioned on the non‑availing of MODVAT credit on inputs. The department, the appellate authority and the Customs, …

STATE OF HARYANA & OTHERSversusM/S. MAHABIR VEGETABLE OILS PVT. LTD.

2011 INSC 145Appeal(s) allowed

The State of Haryana withdrew the sales‑tax exemption for solvent‑extraction plants by placing the industry in a negative list on 16‑12‑1996, after Mahabir Vegetable Oils Pvt. Ltd. had invested in setting up such a plant based on an earlier promise of exemption. The respondent claimed entitlement to …

UNION OF INDIA ETC.versusGIANI

2011 INSC 132Case Partly allowed

The Union of India appealed against a High Court order that awarded land owners compensation under Section 23(1A) of the Land Acquisition Act, 1894. The acquisition proceedings began in 1965 and the Collector's award was passed on 9 July 1980, before the amendment (Act 68 of 1984) that introduced …

THE COMMISSIONER OF CENTRAL EXCISE, VISAKHAPATNAMversusM/S. MEHTA & CO.

2011 INSC 118Appeal(s) allowed

The Commissioner of Central Excise issued a show‑cause notice to M/s Mehta & Co., alleging that the firm manufactured and removed wooden furniture from a hotel premises without paying excise duty, thereby evading tax. The respondent contested the demand, arguing that the items were immovable …

HARI RAMversusJYOTI PRASAD & ANR.

2011 INSC 74Dismissed

Hariram appealed against judgments that upheld a permanent injunction ordering the removal of his alleged encroachment on a 10‑foot public street. He argued that the suit was barred by limitation, violated Order I Rule 8 of the CPC, and lacked proof that the land was a public street. The Supreme …

ARUNDHATI ASHOK WALAVALKARversusSTATE OF MAHARASHTRA

2011 INSC 41Dismissed

The appellant, a Metropolitan Magistrate, was charged with traveling without a ticket on three occasions and misusing her official identity card, leading to a disciplinary inquiry that found her guilty of misconduct under Rule 3(iii) of the Maharashtra Civil Services Conduct Rules. The inquiry …

MIS. SARAF TRADING CORPORATION ETC. ETC.versusSTATE OF KERALA

2011 INSC 42Dismissed

The appellants, exporters of tea, bought tea at open auction from planters and exported it, claiming exemption from sales tax under section 5(3) of the Central Sales Tax Act, 1956. The assessing authority accepted the exemption claim as genuine but denied a refund of tax paid to the seller, holding …

C.C.E.C. ST., VISHAKHAPATNAMversusJOCIL LTD.

2010 INSC 878Appeal(s) allowed

The revenue appealed against JOCIL Ltd. challenging the classification of imported crude palm stearin. The importer had declared the product under Chapter 15 sub‑heading 15.11.90.90 as non‑edible industrial grade crude palm stearin, while the customs authorities re‑classified it as RBD palm stearin …

PARLE BISLERI PVT. LTD.versusCOMMR. OF CUSTOMS & CENTRAL EX., AHMEDABAD

2010 INSC 882Dismissed

Parle Bisleri Pvt. Ltd., the holding company of Parle Exports Ltd. (PEL), manufactured soft‑drink flavours identified by code names that were developed by PEL. The appellant claimed Small Scale Industry (SSI) exemption under Notifications 175/86 and 1/93 for the years 1989‑1994, while the Revenue …

MEWAR POLYTEX LTD.versusUNION OF INDIA AND ORS.

2010 INSC 866Disposed off

Mewar PolytEx Ltd exported PP fabrics under the Advance Licensing Scheme and, in its AR‑4 declarations, stated that it would not claim Modvat credit. Later the company claimed Modvat credit on the indigenous inputs used for the export and also drew back counter‑vailing duty on imported inputs, …

M/S. NICHOLAS PLRAMAL INDIA LTD.versusCOMMNR. OF CENTRAL EXCISE, MUMBAI

2010 INSC 830Dismissed

M/s Nicholas Piramal India Ltd. manufactured Vitamin A and, as an intermediate step, produced crude Vitamin A which it used internally to make animal feed supplements. The Central Excise authorities issued show‑cause notices demanding excise duty on this intermediate product, asserting it was …

SARUP SINGH AND ANR.versusUNION OF INDIA AND ANR.

2010 INSC 816Dismissed

The appellants sought enhanced solatium (30% instead of 15%) and higher interest rates (9% for the first year and 15% thereafter) under the 1984 amendment to the Land Acquisition Act, claiming that the amendment should apply to their awards which were finalized before the amendment came into force. …

NADIRSHA SHAPURJI PATEL (D) BY LRS. AND ORS.versusDEPUTY COLLECTOR AND LA AND ANR.

2010 INSC 792Disposed off

The State of Gujarat acquired land in Mora village for a gas‑based thermal power project under the Land Acquisition Act, 1894. The land acquisition officer initially fixed compensation at Rs 3.50 per square metre, which was enhanced to Rs 20 by the reference court and further to Rs 22 by the High …

ATLURI BRAHMANANDAM (D) THROUGH LRS.versusANNE SAI BAPUJI

2010 INSC 787Dismissed

The respondent claimed to be the adopted son of Late Anne Seetharamaiah, seeking possession of land purchased at auction by the adoptive father. The appellant contested the adoption, arguing that the respondent was over 15 years old at the time of adoption, which under Section 10(iv) of the Hindu …

ISHWAR NAGAR CO-OP.HOUSE BUILDING SOCIETYversusPARMA NAND SHARMA AND ORS.

2010 INSC 781Appeal(s) allowed

The Ishwar Nagar Cooperative Housing Society expelled Dr. Parmanand Sharma, a member since 1961, after he purchased a property in Delhi in the name of his Hindu Undivided Family. The Society relied on Rule 25(1)(c)(i) of the Delhi Cooperative Societies Rules, 1973, which disqualifies members who own …

PRABHAKAR RAGHUNATH PATIL AND ORS.versusSTATE OF MAHARASHTRA

2010 INSC 771Case Partly allowed

The appellants, owners of land and structures acquired by the State of Maharashtra under the Land Acquisition Act, 1894, challenged the compensation awarded by the reference court, seeking higher rates for both open land and the structures. The High Court upheld the reference court's valuation of …

MAHARASHTRA LAND DEVELOPMENT CORPORATION AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2010 INSC 768Dismissed

The Supreme Court examined whether a 53‑acre portion of Survey No. 345‑A in Dahisar was a "private forest" under the Maharashtra Private Forests (Acquisition) Act, 1975 on the appointed day of 30 August 1975, and whether the State’s acquisition of that land was proportionate and lawful. The Court …

VARUN CHAUDHARYversusSTATE OF RAJASTHAN

2010 INSC 757Appeal(s) allowed

The deceased Income Tax Officer was found murdered near his residence. Three accused were arrested; the prosecution relied on a knife recovered from one accused, blood‑stained clothes from another, and the recovery of a motorcycle whose registration number was partially identified. No eye‑witness …

D. HANUMANTH SA & ORS.versusSTATE OF KARNATAKA & ORS.

2010 INSC 745Disposed off

The State of Karnataka issued preliminary and final notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 to acquire 3 acres 34 guntas in Kengeri for the construction of an approach road, a workshop and residential quarters for the Karnataka State Road Transport Corporation, …

RAMJI PANDEY AND ORS.versusSWARAN KALI

2010 INSC 731Dismissed

The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that …

CHIMANLAL KUBERDAS MODI (D) BY LRS.versusGUJARAT INDUSTRIAL DEVELOPMENT CORP. & ORS.

2010 INSC 724Appeal(s) allowed

The appellant's land was acquired under the Land Acquisition Act, 1894 and an award was passed determining a market value. The appellant challenged the award, and the reference court enhanced the market value, granted a 30% solatium, a 12% annual increase, and interest of 9% (later 15%) on the total …

VIJENDRA KUMAR VERMAversusPUBLIC SERVICE COMMISSION, UTTARAKHAND AND ORS.

2010 INSC 698Dismissed

Vijendra Kumar Verma cleared the written examination for the post of Civil Judge (Junior Division) in Uttarakhand but was not selected after the interview because a computer expert found him lacking basic computer knowledge. He contended that the computer‑knowledge requirement was introduced midway …

RADHA MUDALIYARversusSPL. TAHASILDAR (LAND ACQ.), T.N.H. BOARD

2010 INSC 686Appeal(s) allowed

The Supreme Court examined the compensation payable to landowners whose 7.06 acres were acquired by the Tamil Nadu government for the Madras Export Processing Zone. The owners argued that the High Court erred by applying a 40% deduction and failing to grant solatium and interest, while the Reference …

A.P. HOUSING BOARDversusK. MANOHAR REDDY & ORS.

2010 INSC 660Appeal(s) allowed

The Andhra Pradesh Housing Board appealed against the High Court’s order that increased the market value of 84 acres of agricultural land to Rs. 75 per square yard and then deducted one‑third for development charges. The Supreme Court examined the evidence of sale deeds (exhibits A1‑A9) executed …

IYASAMY & ANR.versusSPECIAL TAHSILDAR, LANO ACQUISITION

2010 INSC 662Disposed off

The appellants' land was acquired under the Land Acquisition Act, 1894 and the compensation was fixed by the Reference Court at Rs 6 per square foot after a 1/3 deduction for development charges. The Madras High Court upheld this amount and rejected the claim for interest on solatium under s.23(2) …

M/S. JAY VEE RICE AND GENERAL MILLSversusSTATE OF HARYANA AND ORS.

2010 INSC 637Dismissed

The appellants, Jay Vee Rice and General Mills, were granted exemption from sales tax under the Haryana General Sales Tax Act but collected purchase tax on paddy as part of the price received from the District Food and Supplies Controller (DFSC). The assessing authority held that the purchase tax so …

HIRABAI & ORS.versusL.A.O. CUM ASST. COMMNR.

2010 INSC 638Dismissed

The Government of Karnataka issued a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire irrigated and dry lands belonging to Hirabai and others for a lift irrigation project. The Land Acquisition Officer initially fixed compensation at Rs.15,000 per acre for …

JAIPUR DEVELOPMENT AUTHORITYversusMAHESH SHARMA & ANR.

2010 INSC 626Disposed off

The Supreme Court examined land measuring 29 Bighas and 17 Biswas that had been vested in the Government of Rajasthan under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. The Jaipur Development Authority (JDA) had later issued acquisition notifications under the Rajasthan Land …

RAJESH KOHLIversusHIGH COURT OF J & K AND ANR.

2010 INSC 630Dismissed

Rajesh Kohli, a probationary District & Sessions Judge in Jammu & Kashmir, was found unsatisfactory by the High Court's Full Court and his service was terminated by the State Government. He challenged the termination, alleging that the order was stigmatic, that the High Court lacked jurisdiction to …

L.M.L. LTD.versusCOMMISSIONER OF CUSTOMS

2010 INSC 631Dismissed

L.M.L. Ltd imported a CD‑ROM that stored images of engineering drawings and designs and claimed nil customs duty under Notification No. 17/2001, seeking classification under tariff heading 49.06 (original hand‑drawn plans) or 49.11 (other printed matter), alternatively under sub‑headings …

SRI SAMBHU DAS @ BIJOY DAS & ANR.versusSTATE OF ASSAM

2010 INSC 613Dismissed

The appellants were convicted of murder under Sections 302 and 34 of the IPC based primarily on the testimony of the deceased's wife, corroborated by the investigating officer and a post‑mortem report. They challenged the conviction on several grounds, including that the FIR was lodged after the …

SUDAM SHANKAR KSHIRSAGAR & ANR.versusSTATE OF MAHARASHTRA & ORS.

2010 INSC 555Dismissed

The State of Maharashtra issued a notification under Section 4(1) of the Land Acquisition Act to acquire agricultural land belonging to a Hindu joint family under the Maharashtra Project Affected Persons Rehabilitation Act, 1986. The appellants challenged the acquisition, contending that each …

SMT. AJAMBI (DEAD) BY LRS.versusROSHANBI AND ORS.

2010 INSC 556Hearing Adjourned

The respondents filed a suit for partition and separate possession of a 7/8 share in a property, which was decreed in their favour. The decree was set aside by the first appellate court, but the High Court later restored it. After the original defendant died, his widow Ajambi (deceased) allegedly …

N. NATESAM PILLAIversusSPL. TAHSILDAR, LAND ACQUISITION, TIRUCHY

2010 INSC 494Case Partly allowed

The Tamil Nadu Government acquired 3.90 acres of land for housing, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs. 1.72 per sq. ft., which the reference court increased to Rs. 17 per sq. ft. based on the land's potential …

TRIVENI ENGINEERING & INDUST. LTD.versusJASWANT SINGH & ANR.

2010 INSC 498Appeal(s) allowed

Jaswant Singh, an employee of Triveni Engineering, was transferred to another sugar mill and terminated when he did not report to the new location. He claimed to be a "workman" under the U.P. Industrial Disputes Act and challenged the transfer and termination via a writ petition. The High Court …

CHATURBHUJA MODI AND ORS.versusSTATE OF ORISSA AND ANR.

2010 INSC 500Dismissed

The appellants challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894. The High Court had enhanced the compensation to Rs 3,00,000 per acre based primarily on a sale deed (Exhibit 1) dated 4 Oct 1982, while rejecting another sale deed (Exhibit 2) involving a very …

J.S. SEKHONversusUNION OF INDIA

2010 INSC 492Dismissed

The appellant, a Lieutenant Colonel serving as Garrison Engineer, was convicted by a General Court Martial (GCM) for defrauding the Army by entering overpriced contracts for repair and replacement of equipment. He challenged the conviction on two grounds: (1) that the GCM was convened beyond the …

S. ARUL RAJAversusSTATE OF TAMIL NADU

2010 INSC 459Appeal(s) allowed

The appellant, Arul Raja, was accused of murdering Aladi Aruna and of conspiring with co‑accused to commit the crime. The High Court convicted him on the basis of a post‑arrest statement by co‑accused A1, treating it as a dying declaration and a confession, and on alleged motive stemming from a …

BHAGMAL & ORSversusKUNWAR LAL & ORS

2010 INSC 433Appeal(s) allowed

The respondents filed a suit for declaration of title, possession and permanent injunction, and an ex‑parte decree was passed against the appellants. The appellants only learned of the decree when execution proceedings began and filed an application under Order IX Rule 13 of the CPC on 8 July 1988, …

CHUNNI LALversusSTATE OF U.P.

2010 INSC 346Dismissed

Chunni Lal was convicted of murdering his uncle Heera Lal by firing a gun, and the Supreme Court upheld the life sentence. The appellant argued there was no motive, that only interested witnesses were examined, and that the delay in lodging the FIR and commencing investigation tainted the case. The …

UNION OF INDIA & ORS.versusRAM PRAKASH

2010 INSC 350Appeal(s) allowed

Ram Prakash, a former Indian Air Force officer, was released after 15 years of service with a composite disability of 90% (retinal detachment and immature cataract). The Release Medical Board and the Appellate Medical Board both opined that his disabilities were neither attributable to nor …

ARUN RAJversusUNION OF INDIA AND ORS.

2010 INSC 320Dismissed

The appellant, an army signalman, stabbed a fellow soldier to death with a concealed kitchen knife after alleging verbal abuse. He was tried by a General Court Martial under Section 302 IPC read with Section 69 of the Army Act, convicted of murder and sentenced to life imprisonment and dismissal …

SURESH PRASAD SINGHversusDULHIN PHULKUMARI DEVI AND ORS.

2010 INSC 314Appeal(s) allowed

The Supreme Court allowed the appeal of Suresh Prasad Singh, holding that he was a co‑sharer of the transferors in the land sold to the respondent and therefore entitled to a mandatory right of pre‑emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

SHANTI BUDHIYA VESTA PATEL AND ORS.versusNIRMALA JAYPRAKASH TIWARI AND ORS.

2010 INSC 229Dismissed

The case arose from a dispute over a suit property originally held by Budhiya Vesta Patel, who transferred his rights to respondent No.9 via a Development Agreement and an irrevocable Power of Attorney (POA). After Patel's death, his heirs (the appellants) executed further irrevocable POAs in favour …

S. SUMNYAN & ORS.versusLIMI NIRI & ORS.

2010 INSC 226Appeal(s) allowed

The appellants were initially appointed as Assistant Engineers on a temporary, ad‑hoc basis in 1986‑88 under the Arunachal Pradesh Administration (Public Works Department) Group‑8 Post Recruitment Rules, 1983, with the understanding that they would be regularised after a two‑year probation. After …

STATE OF PUNJABversusLAKHWINDER SINGH & ANR.

2010 INSC 196Disposed off

The State of Punjab appealed the acquittal of Lakhwinder Singh and Balwinder Kaur, who had been found in possession of 35 bags of poppy husk. The trial court had convicted them under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, but the High Court set aside the …

SUNDERLAL KANAIYALAL BHATIJAversusSTATE OF MAHARASHTRA AND ORS.

2010 INSC 185Dismissed

The appellant, convicted in a TADA case based on a confession recorded by a police officer, was later charged in a separate proceeding for offences under the Indian Penal Code (IPC) and the Arms Act. The prosecution sought to introduce the earlier TADA confession as evidence in the IPC trial, but …

PATAI @ KRISHNA KUMARversusSTATE OF U.P.

2010 INSC 182Dismissed

The Supreme Court examined the murder of Vikramaditya Singh, in which the appellants Patai @ Krishna Kumar and Brij Kishore were accused of accosting the victim with pistols, dragging him to a spot under a peepal tree and facilitating his killing by co‑accused who fired the fatal shots. The …

RAVICHANDRANversusSTATE BY DY. SUPERIN. OF POLICE, MADRAS

2010 INSC 169Appeal(s) allowed

The appellants were convicted for conspiracy, cheating, forgery of a palmolein oil permit and offences under the Prevention of Corruption Act and Essential Commodities Act. The prosecution alleged that accused A1, A2 and A4 had interpolated and forged the permit, relying mainly on handwriting …

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 …

AMALENDU PAL @ JHANTUversusSTATE OF WEST BENGAL

2009 INSC 1228Case Partly allowed

Amalendu Pal, married to Dipika since 1977, began an extramarital relationship with Anita and, after being denied permission to marry her, subjected Dipika to physical and mental torture. He brought Anita to his home three months before Dipika's suicide by hanging on 27 September 1991. The trial …

GURMUKH SINGHversusSTATE OF HARYANA

2009 INSC 1074Case Partly allowed

Gurmukh Singh was convicted of murder under Section 302 IPC for delivering a single lathi blow to Hazoor Singh, who died six days later. The trial and High Courts upheld the conviction and life sentence. On appeal, the Supreme Court examined whether the facts—no prior enmity, spur‑of‑the‑moment …

RAJNI TANDONversusDULAL RANJAN GHOSH DASTIDAR AND ANR.

2009 INSC 969Appeal(s) allowed

The appeal concerned a sale deed of a flat that was executed by Indra Kumar Halani under a power of attorney granted by Nandalal Tantia and subsequently presented for registration. The High Court held that because the power of attorney was not registered under Section 33 of the Registration Act, …

UNDAVALI NARAYANA RAOversusSTATE OF A.P.

2009 INSC 945Dismissed

Undavalli Narayana Rao was convicted under Section 498A of the IPC for subjecting his wife, Malathi Devi, to cruelty and dowry harassment that allegedly drove her to suicide. The trial court found that the husband and his mother repeatedly demanded property, threatened the wife, and forced her to …

BALBIR KAURversusSTATE OF PUNJAB

2009 INSC 876Dismissed

Balbir Kaur was found sitting on two bags containing 61 kg of poppy husk and admitted the contents when questioned by police. She was searched before a gazetted officer and a lady constable, as she requested, and the bags were seized, leading to her conviction under Section 15 of the NDPS Act. On …

JASWINDER SINGHversusSTATE OF PUNJAB

2009 INSC 877Dismissed

The appellant Jaswinder Singh was convicted for murder and attempt to murder under Sections 302, 307 and 34 of the IPC. He argued that he was not named in the FIR, that no test identification parade (TIP) was held, and that the evidence against him was unreliable. The sole eyewitness, the …

BABU LAL SHARMAversusSTATE OF M.P.

2009 INSC 880Dismissed

Babu Lal Sharma filed a suit claiming title, ownership and possession of 1.84 acres of land, asserting that his father had sold 0.53 decimal to Chhedilal Gupta in 1945 and that the remaining 1.31 acres belonged to him. He discovered that the land had been entered as Government land in the revenue …

M/S. SHAKTI TUBES LTD.versusSTATE OF BIHAR & ORS.

2009 INSC 885Dismissed

Mis. Shakti Tubes Ltd., a small‑scale supplier, entered into a 1992 supply order with the State of Bihar for pipes. The state withheld Rs 38,13,480, prompting the supplier to sue for the amount with compound interest at 24% per annum. The trial court awarded the compound interest; the Patna High …

DEVAKI ANTHARJANAMversusSREEDHARAN NAMBOODIRI & ANR.

2009 INSC 887Appeal(s) allowed

The appellant-landlady filed a suit for recovery of possession of a property and the respondents claimed compensation for improvements they had made. The trial court, based on a commissioner’s report, awarded Rs 1,35,500 as compensation and decreed possession in favour of the appellant. After the …

JAGRITI DEVIversusSTATE OF H.P.

2009 INSC 863Case Partly allowed

Jagriti Devi was convicted of murder under Section 302 IPC for allegedly killing her co‑wife Shama Devi with a khukri after an altercation. She claimed she acted in private defence after the deceased attacked her with the same weapon, which the deceased had kept under her pillow. The trial court and …

STATE OF U.P.versusNANDU VISHWAKARMA & ORS.

2009 INSC 864Dismissed

The State of Uttar Pradesh prosecuted Nandu Vishwakarma and others for the murder of Dangar Yadav and injuries to two witnesses arising out of a land‑related dispute. The trial court convicted them under Section 302 read with Section 34 and Section 367 read with Section 34 of the Indian Penal Code. …

RAMVIR & ORS.versusSTATE OF U.P.

2009 INSC 866Disposed off

The prosecution alleged that on 17 April 1978, the deceased Yashpal was surrounded by three brothers, Ramvir, Ranpal Singh and Chatar Singh, and Ramvir delivered a fatal knife blow to his chest. The trial court convicted Ramvir under s.302 IPC and the other two brothers under s.302 read with s.34 …

INDRASANversusSTATE OF U.P.

2009 INSC 857Case Partly allowed

The appellant, Indrasan, was convicted of murder for striking the deceased, Jawahar, on the head with a lathi, causing death within an hour. The trial and High Courts upheld the conviction under Section 302 IPC, imposing life imprisonment. On appeal, the Supreme Court examined the eyewitness …

MASAUDDIN AHMEDversusSTATE OF ASSAM

2009 INSC 858Appeal(s) allowed

Masauddin Ahmed was convicted by the Sessions Court and later by the High Court for raping a maid, Mira Begum, under Section 376 IPC. On appeal, the Supreme Court examined the evidence, noting that the doctor who examined the victim stated she was 18 years old, while the prosecution relied on the …

SHAKSON BELTHISSORversusSTATE OF KERALA & ANR.

2009 INSC 862Appeal(s) allowed

Shakson Belthisor appealed against the Kerala High Court’s order refusing to quash the FIR and charge sheet filed under Section 498A IPC for alleged cruelty by the husband. The Supreme Court examined whether the FIR and charge sheet disclosed any of the essential ingredients of cruelty as defined in …

STATE OF H.P .versusSURESH KUMAR @ DC

2009 INSC 851Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal High Court’s acquittal of Suresh Kumar, who had been convicted by the Sessions Court for raping a minor girl and wrongful confinement under IPC sections 376 and 342. The victim, a girl aged between 5 and 12, identified the accused as her …

RAMDASversusSITABAI & ORS.

2009 INSC 850Dismissed

The suit was filed by Sitabai seeking partition and possession of four plots left by her father Sukha, claiming a half share as a co‑sharer with her brother Sudam. Sudam had sold one of the plots (Gat No.19) to Ramdas without Sitabai's consent. The trial court awarded shares, the first appellate …

MANJU RAM KALITAversusSTATE OF ASSAM

2009 INSC 854Case Partly allowed

Manju Ram Kalita married the complainant in 1992 and a child was born in 1993. The wife left the matrimonial home while pregnant in 1993 and discovered in 1997 that the husband had contracted a second marriage. She filed an FIR under Sections 498A (cruelty) and 494 (bigamy). The trial court, …

UNION OF INDIA & ORS.versusGYAN CHAND CHATTAR

2009 INSC 845Disposed off

The respondent, a cashier in Western Railway, was charged with six allegations of misconduct, including traveling in first class without entitlement, refusing to arrange payments, playing cards while on duty, refusing a control message during a train detention, and demanding a commission. The …

DAMMU SREENUversusSTATE OF A.P.

2009 INSC 846Dismissed

The appellant, Dammu Sreenu, had an illicit relationship with the wife of the deceased, Sitra Nagarjuna Rao. After the wife was taken away for counseling, the appellant forcibly removed her from her brother's house and kept her for four days, after which the deceased, feeling humiliated, expressed a …

STATE OF PUNJABversusMANJIT SINGH & ORS.

2009 INSC 847Dismissed

The accused Kamaljit Singh and Manjit Singh, who were in an illicit relationship with Bhinder Kaur, the wife of Sewa Singh, murdered Sewa Singh and his three sons after the family harassed Bhinder Kaur. The trial court sentenced the two accused to death, while the High Court altered the death …

SANICHAR SAHNIversusTHE STATE OF BIHAR

2009 INSC 839Dismissed

Sanichar Sahni was convicted under Section 120‑B IPC for conspiring with his father and brother to murder Bhola Chaudhary. The co‑accused were charged only with murder and related offences, not with conspiracy. The appellant argued that the lack of a conspiracy charge against the co‑accused made his …

PREMANAND R. SHENOYversusCUSTODIAN AND ORS.

2009 INSC 841Disposed off

Premanand R. Shenoy became director of Fair Growth Financial Services Ltd after his father's death. The company financed a Mahindra Jeep for him on a hire‑purchase basis, paying Rs 2,83,192 on 22 July 1991 and delivering the vehicle on 15 April 1992 with temporary registration in Shenoy's name. The …

UNION OF INDIA & ORS.versusBISHAMBER DAS DOGRA

2009 INSC 843Appeal(s) allowed

The case concerned a CISF security guard who repeatedly deserted his post and was removed from service after a departmental enquiry. The High Court had set aside the removal on the ground that the enquiry report was not furnished to the employee and he was not given a chance to object, also holding …

HINDUSTAN COPPER LIMITEDversusM/S. NICCO CORPORATION LTD.

2009 INSC 836Disposed off

Hindustan Copper Ltd challenged an arbitration award dated 28 September 2006 by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The Single Judge of the Jharkhand High Court dismissed the petition as not maintainable, holding that it should have been filed before the …

UNION OF INDIA & ANR.versusEX. MAJOR SUDERSHAN GUPTA

2009 INSC 837Dismissed

The Union of India appealed against a Delhi High Court order that set aside the convening of a General Court Martial against former Major Sudershan Gupta. The High Court had held that the Army could not produce records of the convening authority because they were destroyed under a rule mandating a …

SANTOSH KUMAR DUBEYversusSTATE OF U.P. & ORS.

2009 INSC 834Dismissed

Santosh Kumar Dubey filed a writ petition seeking a compassionate appointment after his father, a constable, went missing in 1981 and was later deemed dead under Section 108 of the Evidence Act. The High Court had earlier granted service benefits to his mother but dismissed the petition for …

EASTERN COALFIELDS LTD.versusSANJAY TRANSPORT AGENCY & ANR.

2009 INSC 747Disposed off

Eastern Coalfields Ltd., a public sector undertaking, entered into an excavation contract with Sanjay Transport Agency, a private party. When a dispute arose, the contractor invoked Section 11(6) of the Arbitration and Conciliation Act, 1996, and the Calcutta High Court appointed an arbitrator. The …

STATE OF ORISSAversusPRASANNA KUMAR MOHANTY

2009 INSC 481Disposed off

The State of Orissa prosecuted Prasanna Kumar Mohanty and examined the investigating officer, Bipin Behari Mahapatra, in chief on 1 September 1999. Although the defence was given two occasions to cross‑examine the witness, he was later recalled and failed to appear from 2003 to 2006, citing illness …

M/S. GODREJ SARA LEE LTD.versusASSISTANT COMMISSIONER (AA) & ANR.

2009 INSC 361Appeal(s) allowed

M/s Godrej Sara Lee Ltd, a manufacturer of mosquito repellents, was assessed by the Kerala Value Added Tax (KVAT) authorities for the 2005-06 year at a 12.5% rate based on SRO No. 82/2006, which listed mosquito repellents as taxable at that rate. The company challenged the notification, arguing it …

MAN SINGHversusCOMMNR. GARHWAL MANDAL, PAURI & ORS.

2009 INSC 298Dismissed

Man Singh had been employed intermittently as a peon on short‑term contracts from 1989 to 1996. In 1995 his name was placed on the wait‑list for a regular post after being called from the Employment Exchange, but was later removed and replaced by another candidate who had higher marks. His services …

CHAIRMAN, GANGA YAMUNA GRAMIN BANK & ORS.versusDEVI SAHAI

2009 INSC 158Appeal(s) allowed

The employee, Devi Sahai, was dismissed by Ganga Yamuna Gramin Bank, a Regional Rural Bank, on charges of misconduct after he failed to attend a departmental inquiry. He challenged the dismissal before the High Court, contending that the bank had not followed disciplinary procedures prescribed in …

JHARU RAM ROYversusRAMJIT ROY AND ORS.

2009 INSC 32Dismissed

The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the …

M/S. EVEREST HOLDING LTD.versusSHYAM KUMAR SHRIVASTAVA & ORS.

2008 INSC 1228Disposed off

M/s. Everest Holding Ltd., a Chinese company, entered into a Joint Venture Agreement (JVA) with Shyam Kumar Shrivastava and his group for mining iron ore in India. The JVA contained an arbitration clause (cl. 14.3) and led to the incorporation of Everest Mining & Mineral Pvt. Ltd., for which the …

MUKUL MAHTO AND ORS.versusSTATE OF JHARKHAND AND ANR.

2008 INSC 1154Dismissed

The appellants were charged with assaulting the deceased with a lathi and an axe, which resulted in his death, and also assaulting three other villagers who came to his aid. The trial court acquitted them on the ground that the eye‑witnesses were relatives of the deceased and that the medical …