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P SATHASIVAM

480 judgments · newest first · showing 1–200

UNION OF INDIAversusV. SRIHARAN @ MURUGAN & ORS.

2014 INSC 347Matter referred to larger bench

The Union of India moved a writ petition under Art. 32 seeking to quash a Tamil Nadu Government letter proposing remission of life sentences for seven convicts in the Rajiv Gandhi assassination case, after the Supreme Court had earlier commuted death sentences of three of them to life imprisonment. …

MOHD. SAEED SIDDIQUIversusSTATE OF U.P. AND ANOTHER

2014 INSC 319Disposed off

Justice N.K. Mehrotra (retd.) was appointed Lokayukta of Uttar Pradesh in 2006 for a six‑year term that expired on 15‑03‑2012. The State amended the Uttar Pradesh Lokayukta and Up‑Lokayuktas Act, 1975 by the 2012 Amendment Act, extending the term to eight years and applying it retrospectively to the …

RAJAT PRASADversusC.B.I

2014 INSC 318Dismissed

The Supreme Court examined a criminal appeal filed by Rajat Prasad and Arvind Vijay Mohan, who were charged under Section 12 of the Prevention of Corruption Act, 1988 read with Section 120‑B of the Indian Penal Code for allegedly conspiring to conduct a sting operation that exposed a Union Minister …

COMMON CAUSEversusUNION OF INDIA

2014 INSC 313Hearing Adjourned

The Supreme Court heard public‑interest writ petitions filed by Common Cause and other societies seeking a mandamus to restrain the Union and State governments from using public funds for advertisements that promote political personalities or parties. The petitioners alleged that such advertisements …

MANASVI JAINversusDELHI TRANSPORT CORPORATION LTD. & ORS

2014 INSC 311Appeal(s) allowed

The father of the appellant, an Executive Engineer earning a gross salary of Rs.26,950 per month, died in a motor accident. The Motor Accidents Claims Tribunal computed his net monthly income by deducting contributions to the General Provident Fund, house rent, GIS and income tax, arriving at …

S. RAJASEEKARANversusUNION OF INDIA & ORS.

2017 INSC 1159Hearing Adjourned

The petitioner, an orthopaedic surgeon, filed a writ petition under Article 32 seeking the Supreme Court’s intervention to enforce the Motor Vehicles Act, 1988 and related regulations to curb the high incidence of road accidents in India and to improve post‑accident care. The Court examined the …

ASHISH KUMAR MAZUMDARversusAISHI RAM BATRA CHARITABLE HOSPITAL TRUST & ORS.

2014 INSC 300Dismissed

The plaintiff, admitted as an indoor patient suffering from high fever and delirium, was found injured on the ground floor after falling from a hospital window, resulting in paraplegia. He sued the hospital trust for negligence, asserting that the hospital owed a duty of care for his safety. The …

JAIPUR SHAHAR HINDU VIKAS SAMITIversusSTATE OF RAJASTHAN & ORS.

2014 INSC 288Dismissed

The Jaipur Shahar Hindu Vikas Samiti filed public interest litigations seeking a declaration that the Galta Peeth/Thikana properties are public trust assets, clarification of succession, and a direction for the State to take over its management. The Rajasthan High Court, noting that the same …

GOPAKUMAR B. NAIRversusC.B.I. & ANR.

2014 INSC 255Dismissed

The appellant, GOPAKUMAR B. Nair, sought to have criminal proceedings quashed under Section 482 of the CrPC, arguing that a private settlement with the bank had extinguished the dispute. The High Court of Kerala declined to quash the case, where the appellant was charged with criminal conspiracy …

MALLAMMA (DEAD) BY L.RS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2014 INSC 251Appeal(s) allowed

The deceased driver of a tractor, employed by Jeeva Rathna Setty, died in an accident while the tractor was owned by Setty, although the original registration was in the name of Gangadhara. The claimants filed a workmen's compensation claim, and the Commissioner held that the insurance policy, …

PURNYA KALA DEVIversusSTATE OF ASSAM & ANR.

2014 INSC 253Appeal(s) allowed

Purnya Kala Devi, a widow, claimed compensation after her husband was killed in a road accident caused by a private bus owned by Md. Abdul Salam, which was under requisition by the State of Assam and uninsured at the time of the accident on 16 February 1993. The Motor Accident Claims Tribunal held …

V. KALA BHARATHI & ORS.versusTHE ORIENTAL INS. CO. LTD., BR. CHITOOR

2014 INSC 236Appeal(s) allowed

The appellants, legal heirs of a deceased road‑accident victim, were awarded Rs.98.40 million with 12% interest by the Motor Accident Claims Tribunal. The insurer appealed, reduced the principal to Rs.56.40 million but retained the interest rate, and made several partial payments. The Executing …

NAVNEET KAURversusSTATE OF NCT OF DELHI & ANR.

2014 INSC 228Disposed off

The petitioner's husband, Devender Pal Singh Bhullar, was convicted under the Terrorism and Disruptive Activities (Prevention) Act (TADA) and sentenced to death. After the death sentence was affirmed by the Supreme Court and a review petition dismissed, a mercy petition filed in 2003 was rejected in …

P. RAMAKRISHNAM RAJUversusUNION OF INDIA & ORS.

2014 INSC 229Disposed off

Former High Court judges appointed directly from the Bar filed writ petitions alleging that the pension provisions under the High Court Judges (Salaries & Conditions of Service) Act, 1954 discriminate against them compared to judges promoted from the judicial service. They sought that ten years of …

STATE OF BIHAR & ORS.versusRAJMANGAL RAM

2014 INSC 234Appeal(s) allowed

The State of Bihar appealed against two orders of the Patna High Court that had stayed criminal prosecutions of public servants on the ground that the Law Department, rather than the parent department, had granted the required sanction under the Prevention of Corruption Act and the Code of Criminal …

SANGHIAN PANDIAN RAJKUMARversusCENTRAL BUREAU OF INVESTIGATION & ANR.

2014 INSC 226Disposed off

The Supreme Court considered appeals by two police officers, an IPS officer and a Sub‑Inspector of the Anti‑Terrorist Squad, who had been in judicial custody for nearly seven years on charges of murder, conspiracy and related offences. Their bail applications had been rejected by the High Court of …

HIGH COURT OF JUDICATURE AT PATNA, THROUGH R.G.versusSHYAM DEO SINGH & ORS.

2014 INSC 219Dismissed

The Supreme Court examined a civil appeal challenging the Patna High Court's refusal to extend a judicial officer's service beyond the age of 58. The officer, R.G., had an adverse remark in his 1995 Annual Confidential Report (ACR) that was never communicated to him and was later superseded by …

B. JAYARAJversusSTATE OF A.P.

2014 INSC 220Appeal(s) allowed

The appellant, a Mandal Revenue Officer, was accused of demanding a bribe of Rs 250 for the release of essential commodities to a fair‑price shop owner (the complainant). The trial court and the High Court convicted him under Sections 7 and 13(1)(d)(i)(ii) read with Section 13(2) of the Prevention …

DR. SUBRAMANIAN SWAMY & ORS.versusRAJU THR. MEMBER JUVENILE JUSTICE BOARD & ANR.

2014 INSC 221Dismissed

The Supreme Court examined the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act, 2000 (as amended) after a 23‑year‑old woman was murdered and one of the accused, Raju, was a minor. Petitioners sought to have the Act read down so that juveniles who commit serious …

SAFAI KARAMCHARI ANDOLAN & ORS.versusUNION OF INDIA & ORS.

2014 INSC 212Disposed off

The petitioners, a group of manual scavengers and NGOs, filed a public interest litigation under Article 32 seeking the eradication of manual scavenging and dry latrines, alleging violations of Articles 14, 17, 21 and 47 of the Constitution and the Employment of Manual Scavengers and Construction of …

HOMI RAJVANSHversusSTATE OF MAHARASHTRA & ORS.

2014 INSC 211Appeal(s) allowed

Homi Rajvansh, an executive director of NAFED, was charged along with the managing director, Alok Ranjan, for alleged misappropriation of funds in non‑agricultural tie‑ups. The CBI filed a charge‑sheet under IPC sections 120B, 409, 411, 420, 467, 468 and 471. Alok Ranjan filed a writ petition under …

MOHD. HAROON & ORS.versusUNION OF INDIA & ANR.

2014 INSC 210Disposed off

The Supreme Court examined a series of writ petitions filed under Article 32 seeking protection and relief for victims of the September 2013 Muzaffarnagar communal riots, including compensation for rape victims and accountability for the State's failure to prevent the violence. The Court found the …

SUDIPTA LENKAversusSTATE OF ODISHA AND ORS.

2014 INSC 187Disposed off

A contractual government teacher in Odisha was sexually harassed by a Sub‑Inspector of Schools, lodged multiple complaints, and was later set ablaze, dying from her injuries. The petitioner, a law student, filed a writ under Article 32 seeking transfer of the investigation to the Central Bureau of …

K V.S. RAOversusC.B.I & ORS

2014 INSC 180Case Allowed

The petitioners sought transfer of two criminal proceedings pending in the Special Court, Lucknow, to the Special Court, Delhi, arguing that the cases were similar in nature and that most witnesses were medical officers, with the ultimate decision taken at the ministerial level in Delhi. The CBI …

POOJA BHATIAversusVISHNU NARAIN SHIVPURI & ANR.

2014 INSC 179Appeal(s) allowed

Vishnu Narayan Shivpuri was charged under IPC sections 342, 326‑8 and 506 for allegedly throwing sulphuric acid on his wife, Pooja Bhatia. The Sessions Court denied his bail, but the High Court later released him on bail. After his release, the Superintendent of Police submitted a counter‑affidavit …

MALATHI DAS (RETD.) NOW P.B. MAHISHY & ORS.versusSURESH & ORS

2014 INSC 174Disposed off

The case arose from a contempt petition filed by 74 daily‑rated employees (respondents) who alleged that the State of Karnataka had failed to implement a High Court order dated 15 December 1999 directing their regularisation. While many similarly situated employees had been regularised under a …

K. GUNAVATHIversusV. SANGEETH KUMAR & ORS.

2014 INSC 177Appeal(s) allowed

The Tamil Nadu Government created 1,880 Computer Instructor posts in higher secondary schools and initially regularized many ad‑hoc instructors without a B.Ed. degree through a special test. After legal challenges, the Supreme Court allowed a one‑time exception for those tests but held that lowering …

CBI, ACB, MUMBAIversusNARENDRA LAL JAIN & ORS.

2014 INSC 152Dismissed

The Central Bureau of Investigation (CBI) alleged that Narendra Lal Jain and others conspired with officials of the Bank of Maharashtra to inflate the creditworthiness of companies and obtain loans beyond entitlement, invoking Sections 120‑B and 420 of the IPC and provisions of the Prevention of …

SIKANDER MAHTOversusTUNNA @ TUNNU MIAN @ TUNNA MIAN @ MOBIN ANSARI & ANR.

2014 INSC 148Appeal(s) allowed

The appellant was charged with murder, attempt to murder and rape under Sections 302, 201 and 376 of the IPC. He claimed to be a juvenile, producing a school certificate that stated his date of birth as 15‑01‑1991, which would make him 15 years old at the time of the alleged crime (16‑11‑2006). The …

MAHESH DHANAJI SHINDEversusSTATE OF MAHARASHTRA

2014 INSC 146Disposed off

The appellants were convicted for the murders of nine persons in a scheme that promised to "multiply" cash money, known as the "money shower" scam. The prosecution proved the deaths were homicidal and identified the victims through forensic, DNA, super‑imposition and material evidence, establishing …

JUSTICE RIPUSUDAN DAYAL (RETD ) & ORS.versusSTATE OF M.P. & ORS.

2014 INSC 125Case Allowed

A complaint alleging irregularities in construction works at the Madhya Pradesh Vidhan Sabha was investigated by the Lokayukt, which referred the matter to the Special Police Establishment (SPE) under the Prevention of Corruption Act. The Vidhan Sabha Secretary issued letters claiming a breach of …

COMMON CAUSE (A REGD. SOCIETY)versusUNION OF INDIA

2018 INSC 223Matter referred to larger bench

The Society Common Cause filed a writ petition under Article 32 seeking a declaration that the "right to die with dignity" is a fundamental right under Article 21 and that persons should be allowed to execute a living will or attorney authorization to refuse life‑prolonging treatment. The …

SHABNAM HASHMIversusUNION OF INDIA & ORS.

2014 INSC 111Disposed off

Shabnam Hashmi filed a writ petition under Article 32 seeking a declaration that the right to adopt and to be adopted is a fundamental right under Article 21 and that adoption should be permitted irrespective of religion, caste or creed. The petition also asked the Union of India to enact an …

V. SRIHARAN @ MURUGANversusUNION OF INDIA & ORS.

2014 INSC 110Case Allowed

Three death‑row convicts (V. Sriharan @ Murugan, T. Suthendraraja @ Santhan and A.G. Perarivalan @ Arivu) filed mercy petitions under Articles 72/161 of the Constitution. The Governor of Tamil Nadu rejected the petitions in 2000 and the President finally rejected them in August 2011 after an …

BHASKAR LAL SHARMA & ANR.versusMONICA & ORS.

2014 INSC 105Disposed off

The Supreme Court examined a criminal complaint filed by Monica under Sections 498A and 406 IPC against her parents‑in‑law and later her husband. The appellants sought quashing of the complaint under Section 482 CrPC, arguing that the allegations did not constitute cruelty or entrustment. The Court …

VIJAYANDER KUMAR & ORS.versusSTATE OF RAJASTHAN & ANR.

2014 INSC 89Dismissed

The appellants, directors of a textile firm, were accused by a supplier (informant) of fraudulently transferring company assets and issuing post‑dated cheques that later bounced, leading to an FIR under Sections 420 and 120‑B IPC. The police concluded the matter was civil, but the magistrate …

PRATIMA CHOWDHURYversusKALPANA MUKHERJEE & ANR.

2014 INSC 87Appeal(s) allowed

Pratima Chowdhury, a member of a West Bengal cooperative housing society, sought to transfer her flat and membership to Kalpana Mukherjee, claiming the transfer was a gift without consideration. The arbitrator found the transfer invalid, noting that the letters effecting the transfer were likely …

SANJAY KUMAR SHUKLAversusM/S BHARAT PETROLEUM CORPORATION LTD. & ORS.

2014 INSC 85Appeal(s) allowed

Bharat Petroleum advertised for retail outlet dealerships; the appellant was ranked first with 78.04 marks and respondent No.7 second with 77.75 marks. Respondent No.7 complained that the appellant's land was under a partition suit and that the appellant had not received a Letter of Intent, leading …

ABP PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2014 INSC 82Dismissed

The petitioners, a consortium of newspaper management firms, challenged the constitutionality of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and its 1974 amendment, alleging violations of Articles 14, 19(1)(a) and 19(1)(g) of …

SUDHIR VASUDEVA, CHAIRMAN & MD. ONGC & ORS.versusM. GEORGE RAVISHEKARAN & ORS.

2014 INSC 77Appeal(s) allowed

The respondents, contract Radio Operators of ONGC, were ordered by the Madras High Court in 2006 to be absorbed as Marine Assistant Radio Operators or, if no posts were available, to receive pay parity. The corporation complied with the pay‑parity direction but did not create supernumerary Marine …

BACHU DASversusSTATE OF BIHAR AND OTHERS

2014 INSC 919Appeal(s) allowed

The complainant filed a criminal complaint under Sections 147, 148, 149, 323, 448 of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Sessions Judge held that a prima facie case was made out against the accused. The High Court, however, …

R. SUBRAMANIAMversusMURUGAPPA GOUNDER AND ORS.

2014 INSC 917Appeal(s) allowed

In a contempt proceeding before the Madras High Court, Respondents tendered an unconditional apology in the form of an affidavit, which the Single Judge accepted. Despite this acceptance, the Judge directed the Principal Secretary & Commissioner of Land Administration to initiate appropriate action …

SANJAY VERMAversusHARYANA ROADWAYS

2014 INSC 61Appeal(s) allowed

The appellant, a 25‑year‑old self‑employed man, was paralysed below the waist after a bus accident and filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded Rs 3 lakh, which the High Court enhanced to Rs 8,08,052 by applying a multiplier of 15 and clubbing …

MONTFORD BROTHERS OF ST. GABRIEL & ANR.versusUNITED INDIA INSURANCE & ANR. ETC.

2014 INSC 55Appeal(s) allowed

The Catholic society Montford Brothers of St. Gabriel filed a claim before the Mizoram Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988, after one of its members, a "Brother" who had renounced his family ties, died in a road accident. The Tribunal allowed the …

HANUMANAGOUDAversusUNITED INDIA INSURANCE CO. LTD. & ORS. ETC.

2014 INSC 57Appeal(s) allowed

A goods vehicle accident resulted in the death of Hanumanth, who was employed as a 'Gumasthe' accompanying the goods in transit. The claimants (his widow and children) obtained a compensation award from the Motor Vehicles Accidents Claim Tribunal against both the owner‑driver and United India …

SHATRUGHAN CHAUHAN & ANR.versusUNION OF INDIA & ORS.

2014 INSC 46Case Allowed

The Supreme Court entertained a batch of writ petitions filed under Article 32 by death‑row convicts and their families alleging that the executive had unreasonably delayed the disposal of their mercy petitions under Articles 72 and 161, and that other supervening circumstances such as mental …

PERUMALversusJANAKI

2014 INSC 38Appeal(s) allowed

The appellant, Perumal, was acquitted of offences under Sections 417 and 506(i) IPC after a charge‑sheet filed by Sub‑Inspector Janaki alleged his involvement in a pregnancy that a medical report had disproved. Perumal then lodged a private complaint under Section 190 CrPC seeking to try Janaki for …

HARDEEP SINGHversusSTATE OF PUNJAB & ORS.

2014 INSC 21

The Supreme Court examined the scope of Section 319 of the Code of Criminal Procedure, 1973, which empowers a court to proceed against persons not originally accused if evidence shows their involvement. It held that the power can be exercised at any time after the charge‑sheet is filed and before …

STATE OF MADHYA PRADESHversusPRADEEP SHARMA

2013 INSC 810Appeal(s) allowed

The State of Madhya Pradesh charged Pradeep Sharma and co‑accused with murder and conspiracy (IPC ss.302, 120B, 34) for allegedly poisoning the deceased. Both accused were declared absconders and proclaimed offenders under CrPC s.82, and the High Court granted them anticipatory bail under s.438. The …

ALSIA PARDHIversusSTATE OF M.P. & ORS.

2013 INSC 807Appeal(s) allowed

The appellant, Alsia Pardhi, filed a writ petition under Article 226 seeking the production of his 14‑year‑old niece, Rajnandani, alleging that forest officials had abducted her from a fish market. The State police, acting on the High Court's direction, recorded statements only of the forest …

A.M. SANGAPPA @ SANGAPPAversusSANGONDEPPA & ANR.

2013 INSC 759Disposed off

The appellant, A.M. Sangappa, challenged a judgment of the Karnataka High Court in a regular first appeal (RFA No. 238 of 2004). The issue was whether the High Court had complied with the procedural requirements of Order 41 Rule 31 of the Code of Civil Procedure, 1908, which obliges a court hearing …

LALITA KUMARIversusGOVT. OF U.P. AND ORS.

2013 INSC 748Reference answered

The Constitution Bench examined whether a police officer must register a First Information Report (FIR) under Section 154 of the Code of Criminal Procedure, 1973 (CrPC) upon receiving information of a cognizable offence, or may first conduct a preliminary inquiry to test its veracity. Relying on the …

T.C. GUPTAversusBIMAL KUMAR DUTTA & ORS.

2013 INSC 722Appeal(s) allowed

The Supreme Court examined contempt proceedings against T.C. Gupta, Director General of Town & Country Planning, Haryana, who had granted a licence for a residential plotted colony after the High Court had issued an interim order directing a status‑quo on allotments. The Court held that contempt is …

T.C. GUPTA & ANR.versusHARI OM PRAKASH & ORS.

2013 INSC 694Appeal(s) allowed

The respondents challenged the acquisition of their land under the Land Acquisition Act, 1894. The Punjab & Haryana High Court ordered the state officials (appellants) to furnish names of landowners whose lands were released without filing objections under Section 5A. The appellants mistakenly …

DULCINA FERNANDES & ORS.versusJOAQUIM XAVIER CRUZ & ANR.

2013 INSC 695Appeal(s) allowed

The deceased Nicolau Fernandes was killed when his scooter was struck by a pick‑up van driven by Joaquim Xavier Cruz on 29 June 1997. His wife and daughters filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, which assessed compensation …

DR. SUBRAMANIAN SWAMYversusELECTION COMMISSION OF INDIA

2013 INSC 699Disposed off

Dr. Subramanian Swamy filed a writ petition under Article 32 seeking a mandamus directing the Election Commission of India (ECI) to incorporate a voter‑verifiable paper audit trail (VVPAT) in electronic voting machines (EVMs) to allow voters to confirm their votes. The High Court dismissed the …

SUSHIL SHARMAversusTHE STATE OF N.C.T. OF DELHI

2013 INSC 690Disposed off

The appellant, Sushil Sharma, was convicted of murdering his wife Naina Sahni and conspiring with an employee, A2, to burn her body in the tandoor of his restaurant. The prosecution proved the murder and the disposal of the body through a chain of circumstantial evidence, forensic analysis, and the …

UNION OF INDIA & ANR.versusNATIONAL FEDERATION OF THE BLIND & ORS.

2013 INSC 688Disposed off

The National Federation of the Blind filed a writ petition seeking enforcement of Section 33 of the Persons with Disabilities Act, 1995, alleging that the Union failed to provide the mandated 3% reservation for persons with disabilities, especially the blind and low‑vision categories. The High Court …

PEOPLE'S UNION FOR CIVIL LIBERTIES & ANR.versusUNION OF INDIA & ANR.

2013 INSC 655Disposed off

The Supreme Court entertained a writ petition filed by People's Union for Civil Liberties and others challenging Rules 41(2), 41(3) and 49‑0 of the Conduct of Election Rules, 1961, which required a presiding officer to record a remark and obtain the voter’s signature/thumb impression when the voter …

YASH DEEP TREXIM PRIVATE LIMITEDversusNAMOKAR VINIMAY PVT. LTD. & ORS.

2013 INSC 648Dismissed

The Supreme Court considered appeals filed by Yash Deep Trexim Private Limited against Namokar Vinimay Pvt. Ltd. and others, challenging a Calcutta High Court order that applied the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) to a foreign company registered in India. The Court …

M/S. ESCORTS LIMITEDversusRAMA MUKHERJEE

2013 INSC 630Appeal(s) allowed

M/S. Escorts Limited filed a complaint under Section 138 of the Negotiable Instruments Act against Rama Mukherjee for a dishonoured cheque. The Delhi High Court held that, because the cheque was presented and the notice was sent from Delhi, the Delhi courts lacked jurisdiction to try the offence. On …

AJOY ACHARYAversusSTATE BUREAU OF INV. AGAINST ECO. OFFENCE

2013 INSC 632Dismissed

The case concerned Ajoy Acharya, an IAS officer who was also a nominee Director of the Madhya Pradesh State Industrial Development Corporation (MPSIDC). He was charged for allowing the Board of MPSIDC to pass a resolution on 19‑April‑1995 that authorised short‑term loans, allegedly contrary to …

SUMIT MEHTAversusSTATE OF N.C.T. OF DELHI

2013 INSC 615Disposed off

The appellant, Sumit Mehta, was charged under IPC sections 420, 467, 468 and 471 and the Delhi High Court granted him anticipatory bail on the condition that he deposit a fixed deposit of Rs 1 crore in the complainant's name. Mehta appealed to the Supreme Court, contending that the condition was …

A.C. NARAYANANversusSTATE OF MAHARASHTRA & ANR.

2013 INSC 612Reference answered

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act can be filed and verified by a power of attorney holder on behalf of the payee or holder in due course. The appellant, a company director, challenged the issuance of process based on complaints filed …

RESURGENCE INDIAversusELECTION COMMISSION OF INDIA & ANR.

2013 INSC 617Disposed off

Resurgence India, an NGO, observed that many candidates in the 2007 Punjab Legislative Assembly elections filed affidavits with blank entries for criminal, asset and educational details, violating the spirit of the Representation of the People Act, 1951. The petition sought a direction that …

PREM SINGHversusSTATE OF HARYANA

2013 INSC 581Appeal(s) allowed

Prem Singh and six others were charged under IPC sections 120‑B, 148, 302 read with 149 and under Section 25 of the Arms Act. The trial court acquitted all accused, citing the non‑examination of a key witness, inherent lacunae in the testimony of two eye‑witnesses, doubts about the recovery of …

NOOR SABAversusANOOP MISHRA & ANR.

2013 INSC 582Dismissed

The petitioner, a widow, sought a revised family pension after the Supreme Court directed its determination in 2008. She later filed contempt petitions alleging non‑compliance with that direction and with a subsequent order dated 1 September 2010 directing the Accountant General of Uttar Pradesh to …

ADVOCATES ASSOCIATION,, BANGALOREversusUNION OF INDIA & ORS

2013 INSC 569Appeal(s) allowed

On 2 March 2012 a former Karnataka minister was to be produced before the City Civil Court Complex, Bangalore, triggering a large crowd, a scuffle between advocates, police and media persons, and subsequent violence that injured many and led to over 191 FIRs. The Advocates Association filed writ …

SHIMBHU AND ANR.versusSTATE OF HARYANA

2013 INSC 568Dismissed

Shimbhu and another were convicted of gang rape and related offences under Sections 376(2)(g), 366, 342, 363, 506 and 34 of the IPC and sentenced to ten years' rigorous imprisonment. They appealed, seeking reduction of the sentence on the basis of a compromise with the victim, the passage of time …

ECON ANTRI LTD.versusROM INDUSTRIES LTD. & ANR.

2013 INSC 561Reference answered

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act must be filed within one month of the cause of action arising, and specifically whether the day the cause of action arose should be counted in the 30‑day period prescribed by Section 142(b). Relying on …

RAJA@ SASIKUMAR & ANR.versusSTATE THROUGH INSPECTOR OF POLICE

2013 INSC 552Dismissed

The case involved the murder of Babu, for which seven accused (A‑1 to A‑7) were charged under Sections 302, 34, 120‑B and 342 of the IPC. The trial court convicted A‑1 to A‑6, but the Madras High Court affirmed the conviction of only A‑1 to A‑3 and acquitted the rest. A‑2 and A‑3 appealed to the …

VENKATESANversusRANI &ANR.

2013 INSC 543Appeal(s) allowed

The appellant, Venkatesan, was tried for offences under Sections 498A, 304B and 302 IPC, alleged to have harassed his wife for dowry and burnt her to death. The trial court acquitted him, but the Madras High Court, on revision filed by the deceased's mother, set aside the acquittal and ordered a …

M/S V.K.M. KATTHA INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ORS.

2013 INSC 538Appeal(s) allowed

The appellant, V.K.M. Kattha Industries Pvt. Ltd., a running industrial unit, challenged a land acquisition notification issued by the Haryana Government under Section 4 of the Land Acquisition Act, 1894 for the development of an industrial estate. The company argued that the notification was not …

LALU PRASAD @ LALU PRASAD YADAVversusSTATE OF JHARKHAND

2013 INSC 533Dismissed not complying condition order

The appellant, Lalu Prasad Yadav, sought transfer of the fodder‑scam criminal trial from the Special Judge (CBI) to another court, alleging that the judge was biased because of a familial link to a political rival. The Supreme Court examined the long‑running case, noting that the trial had been …

KAMLESH VERMAversusMAYAWATI AND ORS.

2013 INSC 526Disposed off

The Supreme Court reviewed a petition filed by Kamlesh Verma seeking a review of its July 6, 2012 order that quashed FIR No. RC 0062003A0019 against Mayawati, finding that the order was correctly based on the earlier judgment that the 18 September 2003 direction did not authorize a separate FIR on …

RAGHBIR CHAND & ORS.versusSTATE OF PUNJAB

2013 INSC 515Appeal(s) allowed

The appellants, four accused, were charged with murder (s.302), voluntarily causing grievous hurt (s.324) and simple hurt (s.323) read with s.34 IPC for assaulting several witnesses and killing the deceased Rajinder Kumar. The trial court and High Court convicted all four under s.302 read with s.34, …

SHRIDHAR NAMDEO LAWANDversusSTATE OF MAHARASHTRA

2013 INSC 511Disposed off

The appellant, Shridhar Namdeo Lawand, was convicted under Sections 7 and 13 of the Prevention of Corruption Act, 1988 and appealed to the High Court. The High Court disposed of the appeal without the appellant being present and without examining the evidence, relying solely on the State’s counsel. …

ABU SALEM ABDUL QAYYUM ANSARIversusCENTRAL BUREAU OF INVESTIGATION & ANR.

2013 INSC 512Disposed off

Abu Salem, an accused in the 1993 Bombay bomb blasts, was extradited from Portugal to India in 2005 on the assurance that he would not face the death penalty or imprisonment beyond 25 years. After his return, the Designated Court framed additional charges beyond those covered by the extradition, …

SADANANDA MONDALversusSTATE OF WEST BENGAL

2013 INSC 516Appeal(s) allowed

The appellant, Sadananda Mondal, was charged along with 13 others for the murder of Bharat Mondal, who died from a gunshot wound during a picnic dispute. The trial court convicted eight accused, including the appellant, under Sections 302 and 34 of the IPC, while the High Court acquitted all but the …

ARSHAD HUSSAINversusSTATE OF RAJASTHAN

2013 INSC 477Appeal(s) allowed

The appellant, Arshad Hussain, was convicted under Section 302 read with Section 34 of the IPC for the murder of Iqbal, based on the prosecution claim that he fired three shots from a 12‑bore gun after being prompted by his brothers, Mujaffar and Shahjad. The High Court acquitted the brothers on …

RAJENDRA SHARMAversusSTATE OF WEST BENGAL

2013 INSC 476Disposed off

The appellant, a taxi driver, was convicted along with two others for committing dacoity under Sections 395 and 397 of the IPC, as well as offences under the Arms Act and the Explosive Substances Act, after a gold jewellery workshop was looted and the perpetrators fled in two taxis. The trial court …

NAGAPPANversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2013 INSC 478Appeal(s) allowed

The case involved the murder of Pasupathy by four accused (A-1 to A-4) in Tamil Nadu. The trial court convicted all four under IPC s.302 read with s.34 based largely on the testimony of two brothers (PW‑1 and PW‑3) who were relatives of the deceased, and on a post‑mortem report by Dr. PW‑10. The …

S. SUBRAMANIAM BALAJIversusTHE GOVERNMENT OF TAMIL NADU & ORS.

2013 INSC 444Dismissed

The appellant challenged the Tamil Nadu government's distribution of free colour television sets, laptops, mixers, and other welfare items promised in the Dravida Munnetra Kazhagam (DMK) election manifesto, alleging that the expenditure was unauthorized, violated Article 14 and amounted to a corrupt …

S.D. BANDIversusDIVISIONAL TRAFFIC OFFICER, KSRTC & ORS.

2013 INSC 440Disposed off

The appeal arose from the appellant, a driver of KSRTC, who failed to vacate a government quarter after being transferred and whose eviction order was upheld by the High Court but later set aside by the Supreme Court. The Court examined the effectiveness of the Public Premises (Eviction of …

THE STATE OF KARNATAKAversusTHE ASSOCIATED MANAGEMENT OF (GOVT. RECOGNIZED UNAIDED ENGLISH MEDIUM) PRIMARY AND SECONDARY SCHOOLS & ORS.

2013 INSC 441Matter referred to larger bench

The State of Karnataka appealed against the High Court's partial upholding of its 1994 Government Orders mandating mother‑tongue or Kannada as the medium of instruction in primary schools, which had been challenged by unaided English‑medium schools. The Supreme Court examined whether the State could …

MAJENDRAN LANGESWARANversusSTATE (NCT OF DELHI) & ANR.

2013 INSC 401Appeal(s) allowed

The appellant, a helmsman on the cargo ship "Lok Prem", was convicted under Section 302 IPC for allegedly murdering a fellow helmsman, L. Shivaraman, based primarily on circumstantial evidence and an alleged extra‑judicial confession to an engine officer. The prosecution relied on the appellant's …

DARSHAN GUPTAversusRADHIKA GUPTA

2013 INSC 402Dismissed

The husband, Darshan Gupta, filed a petition for dissolution of marriage on the grounds of cruelty (s.13(1)(ia)) and his wife’s alleged incurable unsound mind (s.13(1)(iii)) under the Hindu Marriage Act. The wife, Radhika Gupta, sought restitution of conjugal rights. The Family Court and High Court …

P. DHARNI & ORS.versusGOVT. OF TAMIL NADU & ORS.

2013 INSC 403Appeal(s) allowed

The case concerned a claim by a Motor Vehicles Inspector (Grade II) for out‑of‑turn/accelerated promotion to Regional Transport Officer under Rule 36(b)(ii) of the Tamil Nadu State and Subordinate Services Rules. The appellant senior officers argued that the Special Rules governing promotion and …

NISHANT AGGARWALversusKAILASH KUMAR SHARMA

2013 INSC 382Dismissed

The complainant, a resident of Bhiwani, presented a cheque drawn by the appellant on a Guwahati bank, which was stopped and returned unpaid. After sending a legal notice under Section 138 of the Negotiable Instruments Act, the complainant filed a complaint in the Judicial Magistrate Court at …

NATIONAL TEXTILE CORPN. (UP) LTD.versusDR. RAJA RAM JAIPURIA & ORS

2013 INSC 385Dismissed

The National Textile Corporation (U.P.) Ltd. (NTC) sought possession of Bungalow No.2 of the Swadeshi House, claiming it vested in it under the Swadeshi Cotton Mills Company (Acquisition and Transfer of Undertakings) Act, 1986. The respondents, led by Dr. Raja Ram Jaipuria, contended that the …

MRS. APARNA A. SHAHversusM/S. SHETH DEVELOPERS PVT. LTD. & ANR.

2013 INSC 398Appeal(s) allowed

The appellant, Mrs. Aparna A. Shah, challenged criminal proceedings initiated under Section 138 of the Negotiable Instruments Act for a cheque dishonoured due to insufficient funds. The cheque was issued by her husband from a joint account and was signed only by him. The Supreme Court examined …

MOHIT ALIAS SONU AND ANOTHERversusSTATE OF U.P. AND ANOTHER

2013 INSC 399Appeal(s) allowed

The appellant, Mohit alias Sonu, and another were not summoned under an application filed by the complainant under Section 319 CrPC, and the Sessions Court rejected the application twice. The complainant challenged the rejection in the High Court by invoking the inherent power under Section 482 …

KARTHI @ KARTHICKversusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU

2013 INSC 376Dismissed

The appellant Karthick was convicted for rape and cheating after he forced sexual intercourse on the prosecutrix Poomari by gagging her and promising to marry her, thereby obtaining her consent through deceit. The first assault occurred when she was alone at home; subsequent intercourse continued …

JARNAIL SINGHversusSTATE OF HARYANA

2013 INSC 378Dismissed

The appellant Jarnail Singh was convicted under IPC sections 366, 376(g) and 120‑B for kidnapping and raping a girl who was later found to be a minor. The Supreme Court examined the prosecution's evidence, including the victim's statements under Section 164 CrPC, forensic reports, and corroboration …

SHARANJIT KAUR & ANR.versusSTATE OF PUNJAB

2013 INSC 379Dismissed

The appellants were charged under Section 420 IPC for allegedly cheating a complainant of Rs 30 lakhs and sought anticipatory bail, arguing that the offence fell within the jurisdiction of a Gram Panchayat under the Punjab Panchayati Raj Act, 1994. The High Court dismissed their bail applications …

SARABJIT SINGHversusSTATE OF PUNJAB & ORS.

2013 INSC 375Dismissed

Sarabjit Singh purchased land from Salamat Masih and later claimed that an agreement to sell additional land existed, for which he alleged he paid Rs.3,00,000. He filed an FIR under Sections 420, 379, 427, 506, 148 and 149 IPC alleging fraud by the vendor Ittefaq Singh and his brother, but the FIR …

DOLIBEN KANTILAL PATELversusSTATE OF GUJARAT & ANR.

2013 INSC 386Dismissed

Doliben Kantilal Patel, an American citizen of Indian origin, was arrested in connection with a land dispute and alleged that she was repeatedly raped during a five‑day police remand. She filed a complaint under Sections 376 and 1208 IPC, but no FIR was registered. She approached the High Court …

STATE OF M.P.versusNAJAB KHAN AND ORS.

2013 INSC 388Appeal(s) allowed

The State of Madhya Pradesh prosecuted Najab Khan and three others for grievous hurt with common intention under IPC s.326 read with s.34. The trial court sentenced them to three years of rigorous imprisonment and a fine. The High Court, noting a compromise between the accused and the victim, …

S. MANICKAMversusMETROPOLITAN TRANSPORT CORP. LTD.

2013 INSC 393Case Partly allowed

The appellant, a 45‑year‑old proprietor who lost his right leg below the knee in a bus accident, claimed Rs. 21,00,000 as compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs. 9,42,822, applying a multiplier of 13 and granting Rs. 1,00,000 for 85% permanent …

CHANDRAN RATNASWAMIversusK.C. PALANISAMY AND OTHERS

2013 INSC 334Disposed off

The dispute arose from a joint venture agreement in which the appellant, Chandran Ratnaswami, alleged that the respondent, K.C. Palanisamy, misappropriated Rs.75 crore and transferred assets improperly. The matter was finally resolved by the Company Law Board and upheld by the Madras High Court, …

NIMMAGADDA PRASADversusCENTRAL BUREAU OF INVESTIGATION

2013 INSC 329Dismissed

The Central Bureau of Investigation filed a case against MP Y.S. Jagan Mohan Reddy and 73 others, including Nimmagadda Prasad, under IPC sections 420, 409, 477‑A and the Prevention of Corruption Act for alleged land allocation, illegal gratification, hawala transactions and other economic offences. …

Y.S. JAGAN MOHAN REDDYversusCENTRAL BUREAU OF INVESTIGATION

2013 INSC 331Dismissed

The Supreme Court considered the bail application of Y.S. Jagan Mohan Reddy, accused in a massive economic offence case involving alleged corruption, land allotments, and money laundering under the IPC and the Prevention of Corruption Act. The CBI had filed multiple charge sheets and reported that …

ANAMIKA ROYversusJATINDRA CHOWRASIYA AND OTHERS

2013 INSC 327Appeal(s) allowed

The appellant-landlady, Anamika Roy, filed a suit under the West Bengal Premises Tenancy Act, 1956 seeking eviction of the tenant, Jatindra Chowrasiya, on the ground of bona‑fide personal requirement of the entire ground‑floor flat. Both the trial court and the first appellate court decreed eviction …

KUMARversusSTATE OF TAMIL NADU

2013 INSC 328Dismissed

The appellant, Kumar, was convicted for raping his sister‑in‑law and then murdering her and her 13‑month‑old daughter by setting them on fire. The prosecution’s case rested on an extra‑judicial confession made by the accused to a neighbour (PW‑2), corroborated by the neighbour’s testimony, …

CENTRAL BUREAU OF INVESTIGATIONversusV. VIJAY SAI REDDY

2013 INSC 333Appeal(s) allowed

The Central Bureau of Investigation (CBI) filed an appeal seeking cancellation of bail granted to V. Vijay Sai Reddy (A‑2) in a case involving alleged conspiracy, fraud and corruption under the IPC and the Prevention of Corruption Act. The Special Court had granted bail, and the High Court affirmed …

SATYA JAIN (D) & ORS.versusANIS AHMED RUSHDIE (D) TH. LRS. & ORS.

2013 INSC 324Disposed off

The Supreme Court had decreed specific performance, directing the defendants to execute a sale deed for the suit property at its market price as on the date of the judgment. Several interim applications (I.A.s) were filed thereafter seeking modification, clarification, correction of typographical …

MADHAO AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

2013 INSC 305Dismissed

The Government of Maharashtra framed a scheme to purchase land and allocate it to Scheduled Castes and neo‑Buddhists below the poverty line. While implementing the scheme, the appellant officials executed sale deeds in favour of the Government. A social worker filed a criminal complaint alleging …

BHAIKON @ BAKUL BORAHversusSTATE OF ASSAM

2013 INSC 306Dismissed

The appellant, Bhaikon @ Bakul Borah, was convicted of rape (IPC s.376) and murder (IPC s.302) of Rupamoni Dutta based on the testimony of an eye‑witness (PW‑1) corroborated by the victim's father (PW‑2) and the post‑mortem doctor (PW‑9). The trial court sentenced him to death for murder and life …

ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION & ANR.versusTAGE HABUNG & ORS

2013 INSC 296Appeal(s) allowed

The Arunachal Pradesh Public Service Commission (APPSC) issued an advertisement for a combined competitive exam in 2006 and later, after the main exam had begun, fixed a 33% cut‑off in each subject through a government Office Memorandum (O.M.) of 7 January 2008, which it adopted by notification on …

LITTA SINGH & ANR.versusSTATE OF RAJASTHAN

2013 INSC 285Disposed off

The appellants Litta Singh and Kalla Singh, along with their father Boga Singh, were charged with the murder of Hansraj Singh after assaulting him with a lathi and a gandasi following a prior quarrel. The victim died the next day, leading the trial court to convict the two appellants under Section …

THAMMU PANDURANGA RAO & ANR.versusSTATE OF ANDHRA PRADESH

2013 INSC 288Dismissed

The appellants (A‑1 and A‑2) and others assaulted the deceased and his family with sticks, causing fatal abdominal injuries and other wounds. They were convicted by the trial court under IPC sections 304, 323 and 325 and sentenced to ten years rigorous imprisonment. The High Court modified the …

UNION OF INDIAversusSANDUR MANGANESE & IRON ORES LTD. AND ORS.

2013 INSC 277Disposed off

The Union of India filed a review petition challenging the Supreme Court’s judgment in Sandur Manganese & Iron Ores Ltd. v. State of Karnataka, alleging that it was not given a chance to be heard because the special leave petition was not served and that the judgment misquoted the Expert Committee’s …

SAHIB HUSSAIN @ SAHIB JANversusSTATE OF RAJASTHAN

2013 INSC 270Dismissed

Sahib Hussain was convicted of murdering five persons, including three children, in a gruesome incident on 27 October 2006. The prosecution relied on circumstantial evidence – post‑mortem reports, statements of two eyewitnesses who did not see the killings, an extra‑judicial confession, forensic …

MASHYAK GRIHNIRMAN SAHAKARI SANSTHA MARYADITversusUSMAN HABIB DHUKA & ORS.

2013 INSC 266Appeal(s) allowed

The appellant, a co‑operative housing society, entered into a development agreement and later amalgamated two of its plots. The plaintiffs, members of the society, sued to restrain construction on the amalgamated plot but did not challenge a conveyance deed dated 8 February 1989 at the time of …

MARIAPPANversusSTATE OF TAMIL NADU

2013 INSC 273Dismissed

The appellant, Mariappan, was convicted of murder and criminal intimidation for repeatedly assaulting his paternal aunt with an aruval, resulting in her death, amid a land dispute. He appealed, claiming he suffered from paranoid schizophrenia at the time of the offence and sought protection under …

HAZARA SINGHversusRAJ KUMAR AND ORS.

2013 INSC 268Appeal(s) allowed

The appellant Hazara Singh filed a criminal revision seeking enhancement of sentence against four accused who were convicted under Section 307 IPC for attempting murder and other offences. The trial court sentenced two accused to five years' rigorous imprisonment and the other two to three years, …

S. MALLA REDDYversusM/S. FUTURE BUILDERS CO-OPERATIVE HOUSING SOCIETY & ORS.

2013 INSC 272Dismissed

The plaintiff, a co‑operative housing society, sued the defendants for a declaration of title and a perpetual injunction. The defendants filed a written statement admitting the plaintiff's claim and asked for a decree. Later they sought to strike out that written statement (Order VI Rule 16 CPC) and …

BHARAT PETROLEUM CORPORATION LTD.versusM/S JAGANNATH & CO. & ORS.

2013 INSC 250Dismissed

Bharat Petroleum Corporation Ltd. (BPCL) terminated the dealership licence of Jagannath & Co. after a routine inspection in August 2005, alleging that samples of motor spirit and diesel failed quality tests. The dealer contested the termination, arguing that the sampling and testing procedures …

MOHINDERversusSTATE OF HARYANA

2013 INSC 223Dismissed

The appellant was seized on 23 August 1991 while carrying a tin from which police recovered 3.5 kg of opium. He was charged under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and convicted, receiving ten years' rigorous imprisonment and a fine of Rs 1 lakh. The appellant …

LAL BAHADUR & ORS.versusSTATE (NCT OF DELHI)

2013 INSC 225Dismissed

The case arose from the 1984 anti‑Sikh riots that followed the assassination of Prime Minister Indira Gandhi, where a mob led by the appellants attacked two houses, burnt alive the husband and father‑in‑law of the complainant and looted property. The trial court acquitted the appellants, but the …

AMITBHAI ANILCHANDRA SHAHversusTHE CENTRAL BUREAU OF INVESTIGATION & ANR.

2013 INSC 224Appeal(s) allowed

The petitioners, including Amit Shah, challenged the registration of a second FIR (dated 29‑04‑2011) and a fresh charge‑sheet (dated 04‑09‑2012) filed by the CBI in connection with the alleged fake encounter of Tulsiram Prajapati, arguing that it violated their fundamental rights under Articles 14, …

PRAKASHversusSTATE OF RAJASTHAN

2013 INSC 190Dismissed

The case involves the kidnapping and murder of a seven‑year‑old boy, Kamlesh, whose body was discovered on a hillock after he failed to return from school. The prosecution relied solely on circumstantial evidence, including eyewitnesses who saw the accused with the child, recovery of blood‑stained …

M/S. GHCL EMPLOYEES STOCK OPTION TRUSTversusM/S INDIA INFOLINE LIMITED

2013 INSC 187Dismissed

The GHCL Employees Stock Option Trust filed a criminal complaint alleging that the Managing Director, Company Secretary and other directors of M/s. India Infoline Ltd. (the respondents) had sold 8,76,668 of its shares and misappropriated the proceeds, constituting criminal breach of trust and …

RAKESH AND ANOTHERversusSTATE OF HARYANA

2013 INSC 188Dismissed

The deceased Kailash, married to Rakesh, was subjected to dowry harassment by her husband and mother‑in‑law and was set ablaze in their home, resulting in her death. The prosecution relied primarily on Kailash's dying declaration, which was recorded by a Judicial Magistrate after a doctor certified …

IBRAHIM MUSA CHAUHAN @ BABA CHAUHANversusSTATE OF MAHARASHTRA

2013 INSC 180Dismissed

The Supreme Court reviewed a series of criminal appeals arising from the 1993 Bombay serial blasts, all tried under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The appeals concerned convictions for offences such as unauthorised possession of arms and explosives (s.3(3), …

YAKUB ABDUL RAZAK MEMONversusTHE STATE OF MAHARASHTRA, THROUGH CBI, BOMBAY

2013 INSC 179Disposed off

On March 12, 1993, a series of 12 bomb explosions occurred in Bombay, killing 257 people and injuring 713, with property damage worth Rs. 27 crores. The conspiracy was hatched by Tiger Memon and Dawood Ibrahim, with Yakub Abdul Razak Memon (A-1) playing a key role. The Designated Court convicted 100 …

AHMED SHAH KHAN DURRANI @ A.S. MUBARAKversusSTATE OF MAHARASHTRA

2013 INSC 178Disposed off

The Supreme Court of India delivered a consolidated judgment on multiple appeals arising from the 1993 Bombay serial blasts case under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The appeals challenged convictions and acquittals of various accused persons involved in the …

STATE OF MAHARASHTRAversusFAZAL REHMAN ABDUL

2013 INSC 181Disposed off

The Supreme Court examined 19 appeals filed by the State of Maharashtra against acquittals in the 1993 Bombay serial bomb blast case, focusing on conspiracy charges under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Indian Penal Code. It reiterated the limited …

SANJAY DUTT (A-117)versusTHE STATE OF MAHARASHTRA, THROUGH CBI (STF), BOMBAY

2013 INSC 182Dismissed

The Supreme Court examined a series of appeals arising from the Designated Court's judgments in the 1993 Bombay bomb blast case under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Court held that confessional statements recorded under Section 15 of TADA are substantive …

SUSHIL K. CHAKRAVARTY (D) THR. LRS.versusM/S. TEJ PROPERTIES PVT. LTD.

2013 INSC 174Dismissed

The case concerned two cross suits between Sushil K. Chakravarty (deceased) and M/s Tej Properties Pvt. Ltd. over an agreement to sell agricultural land. The sole defendant died during the pendency of the suit, and the Delhi High Court proceeded ex‑parte without impleading his legal heirs, invoking …

UNION OF INDIA & ORS.versusANIL KUMAR SARKAR

2013 INSC 166Dismissed

The respondent, a senior accounts officer in the North‑East Frontier Railway, was placed on the extended select panel for promotion to Group A (Junior Scale) by the Departmental Promotion Committee (DPC) in February 2002. When his batch‑mates were promoted on 21‑April‑2003, he was not promoted. He …

JITENDRA RAGHUVANSHI & ORS.versusBABITA RAGHUVANSHI & ANR.

2013 INSC 164Appeal(s) allowed

The appellants were charged under Sections 498A and 406 of the IPC and the Dowry Prohibition Act after a matrimonial dispute. While the criminal case was pending, the parties reached a mutual settlement, and the complainant wife filed an affidavit supporting the settlement. The trial court rejected …

STATE OF MAHARASHTRAversusKAMAL AHMED MOHAMMED VAKIL ANSARI & ORS.

2013 INSC 162Appeal(s) allowed

The case concerned two separate prosecutions arising from the July 2006 Mumbai suburban train bomb blasts. In Special Case No. 21 of 2006, the accused‑respondents sought to summon four Deputy Commissioners of Police (who had recorded confessional statements of three other accused in a later Special …

RAMSWAROOP AND ANOTHERversusSTATE OF MADHYA PRADESH

2013 INSC 152Dismissed

The deceased's cows damaged the plaintiffs' crops, leading to a heated altercation during which the accused formed an unlawful assembly, entered the victim's house and assaulted him with lathis and a lethal weapon, causing fatal injuries. The victim's mother, an injured eyewitness, identified the …

BAKSHISH RAM & ANOTHERversusSTATE OF PUNJAB

2013 INSC 157Appeal(s) allowed

The case concerned the alleged dowry death of Surinder Kaur, who was burnt to death allegedly by her husband Bakshish Ram and his parents. The prosecution relied primarily on the testimony of the deceased's mother, who recounted hearsay statements made by the deceased's father about dowry …

BUDH SINGHversusSTATE OF HARYANA AND ANR.

2013 INSC 144Dismissed

Budh Singh was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to ten years of rigorous imprisonment. He filed a writ petition under Article 32 challenging the constitutional validity of Section 32A of the NDPS Act, which bars any remission of …

RAVINDERSINGH @ RAVI PAVARversusSTATE OF GUJARAT

2013 INSC 120Disposed off

The case arose from the 2009 hooch tragedy in Ahmedabad, Gujarat, where spurious country‑made liquor containing methyl alcohol caused 147 deaths and 205 injuries. Ravindersingh @ Ravi Pavar (appellant) and Jayesh Hiralal Thakker (respondent) were charged under several sections of the IPC and the …

SOM RAJ @ SOMAversusSTATE OF H.P.

2013 INSC 124Dismissed

During a ceremonial feast at Kishan Singh's house, appellant Som Raj (Soma) assaulted his nephew Sardari Lal with a sharp‑edged agricultural implement called a 'darat', striking the back of the victim's head and causing a fatal skull injury. Five eyewitnesses (PW1, PW2, PW3, PW6, PW8) testified that …

LIFE CONVICT BENGAL @ KHOKA @ PRASANTA SENversusB.K. SRIVASTAVA & ORS.

2013 INSC 101Dismissed

The petitioner, a life convict sentenced under IPC s.302/34, filed a contempt petition claiming that, having served over 20 years with remission, he was entitled to release under the West Bengal Correctional Services Act and a Supreme Court order. The State of West Bengal, through its Sentence …

AWANI KUMAR UPADHYAYversusTHE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD AND ORS.

2013 INSC 102Appeal(s) allowed

Awani Kumar Upadhyay, an Additional District & Sessions Judge, challenged severe strictures placed against him by the Allahabad High Court in a second appeal judgment, which also directed that the remarks be sent to the Chief Justice for possible disciplinary action. He filed a modification …

THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY & ANR.versusBRIJESH REDDY & ANR.

2013 INSC 86Appeal(s) allowed

The Bangalore Development Authority (BDA) had acquired certain lands under the Land Acquisition Act, 1894 in the 1960s and 1970s. In 1995 Brijesh Reddy purchased a portion of such land and later filed a suit in a civil court seeking a permanent injunction restraining the BDA from interfering with …

STEPHANIE JOAN BECKERversusSTATE AND ORS.

2013 INSC 84Appeal(s) allowed

Stephanie Joan Becker, an American citizen, applied under Sections 7 and 26 of the Guardians and Wards Act, 1890, to be appointed guardian of a 10‑year‑old Indian orphan named Tina and to take her abroad for adoption. The trial court and the Delhi High Court rejected the applications, holding that …

STATE OF J & K AND ORS.versusSAT PAL

2013 INSC 75Disposed off

Sat Pal, a Scheduled Caste candidate, appeared in the merit list for Junior Engineer (Civil) Grade‑II posts and sought appointment after a higher‑ranked candidate, Trilok Nath, declined the offer. The High Court directed the State to consider his claim, which the State rejected on the ground that …

SUNDER @ SUNDARARAJANversusSTATE BY INSPECTOR OF POLICE

2013 INSC 74Dismissed

The appellant, Sunder @ Sundararajan, was convicted of kidnapping a seven‑year‑old boy for ransom and subsequently murdering him. The prosecution relied on eyewitness identification, phone‑call records, a confessional statement, and forensic evidence. The key issue was whether circumstantial …

MULTANI HANIFBHAI KALUBHAIversusSTATE OF GUJARAT & ANR.

2013 INSC 69Appeal(s) allowed

The appellant’s Eicher truck was seized by police for transporting 28 buffalo calves, and the appellant sought its release under Section 451 of the CrPC. The lower courts rejected the application, invoking Section 68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, which bars release of …

MOHINDER SINGHversusSTATE OF PUNJAB

2013 INSC 61Disposed off

Mohinder Singh was convicted of murdering his wife and daughter with an axe after a history of rape, intimidation and prior convictions. The trial court sentenced him to death, which the High Court confirmed under Section 366 of the CrPC. The Supreme Court examined whether the "rarest of rare" …

M/S ATLAS CYCLE (HARYANA) LTD.versusKITAB SINGH

2013 INSC 59Dismissed

Kitab Singh, a workman employed by Atlas Cycle (Haryana) Ltd. since 1977, alleged that he was assaulted and forced to resign on 1 October 1992 after being accused of theft. He wrote to the Chief Minister and sent a notice to the company, claiming the resignation was not voluntary. The Labour Court …

PRIYADARSHINI COLLEGE OF COMPUTER SCIENCE AND ANOTHERversusMANISH KUMAR AND OTHERS

2013 INSC 60Appeal(s) allowed

The Supreme Court examined an appeal by Priyadarshini College of Computer Science against a High Court order directing the college to pay Rs.5 lakh compensation to a student, Manish Kumar, who had been admitted to a B.Tech program despite not meeting the advertised 60% minimum marks requirement. The …

MOHD. MEHTAB KHAN & ORS.versusKHUSHNUMA IBRAHIM & ORS.

2013 INSC 57Disposed off

The appellants (defendants 5, 10 and 11) challenged an interim mandatory injunction granted by the Bombay High Court in a suit filed under Section 6 of the Specific Relief Act, 1963, which ordered the Receiver to hand over possession of a flat and office to the plaintiffs. The trial court had …

SHYAM LAL VERMAversusCENTRAL BUREAU OF INVESTIGATION

2013 INSC 45Dismissed

The appellant, a retired post‑office employee, was convicted for misappropriating Rs 1,35,240 under Section 477‑A IPC read with Sections 3(1)(c) and 13(2) of the Prevention of Corruption Act, 1988. The trial court, instead of imposing a custodial sentence, released him under the Probation of …

STATE OF BIHAR & ANR.versusSUNNY PRAKASH & ORS.

2013 INSC 41Dismissed

The Government of Bihar had repeatedly declared that non‑teaching staff of universities and constituent colleges were to be treated as equivalent to government staff, but successive agreements (most recently on 18 July 2007) were not implemented, leading to strikes by the Bihar State University and …

GOPAL & ANR.versusSTATE OF RAJASTHAN

2013 INSC 42Dismissed

The case involved a double murder arising from a fight between two rival groups in a field in Rajasthan. The appellants Gopal and Mahesh killed Rameshwar (R) while defending themselves from an attack, and subsequently chased and killed Prabhat (P) who was fleeing the scene. The trial court convicted …

HEMAversusSTATE, THR. INSPECTOR OF POLICE, MADRAS

2013 INSC 9Disposed off

The appellant, a clerk in a travel agency, was convicted under sections 120B, 420, 511, 465 and 471 of the IPC for conspiring to obtain 42 passports using forged applications and documents. The prosecution alleged that the travel agency, run by a co‑accused, submitted ante‑dated applications with …

ASHABAI & ANR.versusSTATE OF MAHARASHTRA

2013 INSC 5Dismissed

Vandana Tayade, a married woman, was allegedly burnt to death by her mother‑in‑law and two sisters‑in‑law after being harassed for being childless. The prosecution relied on four dying declarations made by the deceased, all implicating the mother‑in‑law and sisters‑in‑law, and on oral testimony of …

MOOKKIAHversusSTATE, REP. BY THE INSPECTOR OF POLICE, TAMIL NADU

2013 INSC 8Dismissed

The appellants, A-1 and A-2, were charged with murder of Ramaiah under Sections 302 and 34 of the IPC, alleged to have acted with a common intention motivated by personal enmity. The trial court acquitted them, but the Madurai Bench of the Madras High Court reversed the acquittal, relying on …

RAM VISWASversusTHE STATE OF MADHYA PRADESH

2012 INSC 613Dismissed

The appellant, Ram Viswas, was convicted of murdering his wife by pouring kerosene on her and setting her ablaze. The victim, Maladeep, gave a dying declaration naming her husband as the perpetrator, which was recorded by a Naib Tahsildar after medical certification of her fitness to testify. The …

KUMAR ETC. ETC.versusKARNATAKA INDUSTRIAL COOP. BANK LTD. & ANR.

2012 INSC 614Appeal(s) allowed

The Karnataka Industrial Co-operative Bank alleged that the appellants obtained loans by pledging fake gold ornaments and secured convictions in a criminal revision proceeding. The trial court had acquitted the appellants, but the High Court, exercising its revisional jurisdiction under Sections 397 …

CHANDRADHOJA SAHOOversusSTATE OF ORISSA AND OTHERS

2012 INSC 617Appeal(s) allowed

The appellant, Chandradhoja Sahoo, claimed to be a landless person who was granted a lease of two acres of surplus government land in 1979, but the Record of Rights was never corrected. The State of Orissa alleged that the 1979 case file, including the lease order, was forged and that the land, …

DEOKI PANJHIYARAversusSHASHI BHUSHAN NARAYAN AZAD & ANR.

2012 INSC 586Appeal(s) allowed

The husband filed a writ petition challenging the interim maintenance granted to his wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that she was already married to another man, as evidenced by a marriage certificate under the Special Marriage Act, 1954. …

DR. MOHAMMAD KHALIL CHISTIversusSTATE OF RAJASTHAN

2012 INSC 584Disposed off

The case arose from a 1992 altercation in Ajmer that resulted in the death of Idris and injuries to several persons, leading to two FIRs (cross‑FIRs). The trial court convicted four accused (Yasir, Khalil, Akil and Farukh) under Sections 302 and 324 read with Section 34 of the IPC and sentenced them …

THE STATE OF KARNATAKA & ORS.versusVIVEKANANDA M. HALLUR & ORS.

2012 INSC 570Appeal(s) allowed

The Karnataka government allotted residential sites to members of a charitable society (the Sangha) through lease‑cum‑sale agreements, which were stamped and later, after ten years, converted into absolute sale deeds. The stamp duty on the sale deeds was collected on the market value at the time of …

KRISHAN LALversusSTATE OF RAJASTHAN & ANR.

2012 INSC 554Disposed off

Krishan Lal was convicted of murder and originally sentenced to death, which was later commuted to life imprisonment. The Supreme Court, in Subash Chander v. Krishan Lal (2001), held that his life sentence meant imprisonment for the rest of his life, precluding any commutation or premature release …

N.V. SUBBA RAOversusSTATE, THROUGH INSPECTOR OF POLICE, CBI/SPE,VISAKHAPATNAM, A.P.

2012 INSC 560Dismissed

The case involved a bank manager (A‑1) and a private firm proprietor (A‑2) who were accused of conspiring to defraud the Central Bank of India by sanctioning loans without obtaining mandatory undertaking letters, bypassing pre‑inspection requirements, and crediting the proceeds to A‑2’s account. The …

SATYA JAIN (D) THR. LRS. & ORS.versusANIS AHMED RUSHDIE (D) TR.LRS. & ORS.

2012 INSC 555Appeal(s) allowed

The Supreme Court examined a suit for specific performance of a 1970 agreement to sell a Delhi bungalow. The plaintiffs argued they were ready to fulfil their obligations, while the defendant claimed the suit was time‑barred and that the plaintiffs breached clause 7 by not paying an additional Rs 1 …

VADLAKONDA LENINversusSTATE OF ANDHRA PRADESH

2012 INSC 531Dismissed

The appellant, Vadlakonda Lenin, was accused of murdering his wife while she slept and fleeing the scene. The prosecution's case relied entirely on circumstantial evidence, including the appellant's history of dowry demands, a quarrel with the victim, the victim being found injured in her home, the …

VASANTI BHATversusPREMLATA AGARWAL & ANR. ETC.

2012 INSC 532Disposed off

Four suits for specific performance were filed by Premlata Agarwal against a developer concerning four flats, while Vasanti Bhat, a purchaser of a different flat (No. 703), had paid Rs. 38 lakhs and received a possession letter. The High Court single judge appointed a receiver over flats 703 and 801 …

SURESH & ORS.versusSTATE OF MADHYA PRADESH

2012 INSC 533Appeal(s) allowed

Three men were stopped by police while travelling in a car and, after giving consent, were searched in the presence of village panchas. Opium packets were recovered from their persons and from the vehicle, leading to conviction under Sections 8 and 18 of the NDPS Act and a ten‑year rigorous …

SATISH MEHRAversusSTATE OF N.C.T. OF DELHI & ANR.

2012 INSC 529Disposed off

Satish Mehra filed a criminal complaint alleging cheating and forgery in the renewal and encashment of five foreign currency non‑resident fixed deposits (FCNRFD). The trial court framed charges against two bank officials (Chief Manager and Senior Manager of Canara Bank) and against the complainant's …

SRI DEBENDRANATH NANDAversusSHRI CHANDRA SHEKHAR KUMAR

2012 INSC 536Appeal(s) allowed

Sri Debendranath Nanda, an Acharya Pandit, was repeatedly adjusted and then withdrawn from a government post, leading to a 14-year delay in his appropriate posting. Despite several orders from the State Government and the High Court directing his consideration in light of the Kabita Manjari Kar …

INDRA KUMAR PATODIA & ANR.versusRELIANCE INDUSTRIES LTD. AND ORS.

2012 INSC 534Dismissed

The appellants were charged under Section 138 of the Negotiable Instruments Act for dishonouring cheques. The complaint filed by the payee was not signed by the complainant but was later verified and signed on a verification statement before the magistrate. The legal issue was whether a complaint …

RAKESH KAPOORversusSTATE OF HIMACHAL PRADESH

2012 INSC 535Appeal(s) allowed

The appellant, a Divisional Tourism Development Officer, was charged under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a Rs.10,000 bribe to grant a hotel licence. The trial court convicted him on both counts, but the High Court set aside the …

BHARAT SONI ETC.versusSTATE OF CHHATISGARH

2012 INSC 537Case Partly allowed

The case involved seven accused charged with murder (s.302 IPC) and rioting (s.147, s.148 IPC) arising from an altercation that escalated into a violent assault. The prosecution alleged that the accused formed an unlawful assembly with a common object to kill the deceased, invoking constructive …

BUSI KOTESWARA RAO & ORS.versusSTATE OF A.P.

2012 INSC 530Dismissed

The case arose from a violent clash between two rival groups in Pedagarlapadu village, Andhra Pradesh, where the appellants formed an unlawful assembly, armed with deadly weapons, and set fire to about 50 houses belonging to a Harijan colony. The trial court convicted the appellants under IPC …

C.K. JAFFER SHARIEFversusSTATE (THROUGH CBI)

2012 INSC 517Appeal(s) allowed

C.K. Jaffer Sharief, then Union Railway Minister, was accused of having the Managing Directors of RITES and IRCON approve the travel of four persons to London for his medical treatment, allegedly causing pecuniary loss to the PSUs. The FIR alleged that the journeys were arranged without any public …

SHANTIBHAI J. VAGHELA AND ANR.versusSTATE OF GUJARAT AND ORS.

2012 INSC 518Dismissed

Two minor children residing in a Gurukul (ashram) went missing and were later found dead in the Sabarmati river. An FIR was lodged against seven ash​ram inmates under Section 304 IPC (culpable homicide not amounting to murder), Section 23 of the Juvenile Justice Act and other offences. The High …

EX-HAV. SATBIR SINGHversusTHE CHIEF OF THE ARMY STAFF, NEW DELHI & ANR.

2012 INSC 514Case Partly allowed

The appellant, a Havildar in the Indian Army, was discharged on 1 April 1995 after a show‑cause notice alleging four "Red Ink Entries" in his service record. He challenged the discharge in the Delhi High Court, which set aside the termination but ordered his reinstatement without salary or other …

SATHYA NARAYANANversusSTATE REP. BY INSPECTOR OF POLICE

2012 INSC 505Dismissed

The case involved twelve accused members of an ashram who were charged with murdering a woman, Leelavathi, who was a trustee of the ashram. The prosecution relied on circumstantial evidence, including the fact that the accused were last seen with the deceased, distress cries heard by a neighbor, …

GWALIOR SUGAR CO. LTD. & ANR.versusANIL GUPTA AND ORS.

2012 INSC 506Appeal(s) allowed

Gwalior Sugar Co. Ltd., a private limited company, was granted 215 bighas of land in 1941-42 for setting up a sugar factory, with pattas prohibiting agricultural use. Facing financial difficulties, the company sold about 9 bighas of surplus land, leading to a public interest litigation alleging …

SUMIT TOMARversusTHE STATE OF PUNJAB

2012 INSC 489Dismissed

The appellant was stopped by police and found driving a car containing two bags of poppy straw, which were mixed and sampled before being seized. He was convicted under Section 15 of the NDPS Act for possessing a commercial quantity of the contraband and sentenced to ten years' rigorous …

SAJEESH BABU K.versusN.K. SANTHOSH & ORS.

2012 INSC 492Appeal(s) allowed

The appellant was selected for an LPG distributorship by Bharat Petroleum Corporation Ltd. after an interview and evaluation by an expert committee, which also verified the authenticity of his experience certificates. Respondent No.1 challenged the genuineness of those certificates, alleging the …

PRADEEP KUMAR SHARMAversusU.P.F.C. RAJPUR ROAD, DEHRADUN & ORS.

2012 INSC 493Appeal(s) allowed

The Uttar Pradesh Financial Corporation (UPFC) had taken a mortgage over a parcel of land to secure a loan. After the borrower defaulted, UPFC advertised the property for sale under s.29 of the State Financial Corporation Act, 1951 and accepted the highest bid from Pradeep Kumar Sharma, who paid the …

THE STATE OF MAHARASHTRAversusVISHWANATH MARANNA SHETTY

2012 INSC 494Appeal(s) allowed

The State prosecuted Vishwanath Maranna Shetty, accused No.9 in a Maharashtra Control of Organized Crime Act (MCOCA) case, alleging that he managed funds for an organised crime syndicate and abetted the murder of Farid Tanasha. The Special Court denied his bail application, but the Bombay High Court …

MURUGESAN AND ORS.versusSTATE THROUGH INSPECTOR OF POLICE

2012 INSC 467Appeal(s) allowed

The trial court acquitted 23 accused of charges including criminal conspiracy (s.120B IPC) and murder (s.302 IPC) based on inconsistencies in eyewitness testimony, a doubtful dying declaration, and lack of corroborative evidence. The Madras High Court reversed the acquittal of 19 accused, convicting …

BABY DEVASSY CHULLY @ BOBBYversusUNION OF INDIA & ORS.

2012 INSC 468Dismissed

The appellant, Bobby, was arrested for alleged diesel oil smuggling and granted bail on 12 April 2005, which he did not avail, remaining in custody when a preventive detention order was issued under COFEPOSA on 3 May 2005. He challenged the order by filing a writ petition under Article 226, which …

STATE OF U.P.versusMUNESH

2012 INSC 470Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Munesh, who was charged with raping and murdering an 11‑year‑old girl. The trial court had convicted him under Sections 302 and 376 of the IPC, but the High Court set aside the conviction, citing contradictions in the statements of two …

GAYTRI BAJAJversusJITEN BHALLA

2012 INSC 450Dismissed

The parties were married in 1992 and had two daughters. They obtained a decree of divorce by mutual consent in 2003, expressly agreeing that the husband would have sole custody of the children and the wife would forego visitation rights. The wife later challenged the decree on grounds of fraud and …