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R K AGRAWAL

181 judgments · newest first · showing 1–181

MURUGANversusSTATE OF TAMIL NADU

2018 INSC 440Dismissed

The appellant Murugan was convicted under Sections 364 and 302 read with Section 34 of the IPC for the murder of his father-in-law, Murugan, after the main accused Kumar, who had a motive to marry Kumar's daughter, invited the victim for dinner and killed him. The prosecution proved a motive, the …

COMMISSIONER OF INCOME TAX, CHENNAIversusS. AJIT KUMAR

2018 INSC 439Appeal(s) allowed

The Revenue (Commissioner of Income Tax, Chennai) conducted a search of the assessee S. Ajit Kumar’s premises on 17 July 2002 and, on the same day, a survey of the builder, Elegant Constructions and Interiors Ltd., whose premises revealed a cash payment of Rs 95.16 lakhs that had not been accounted …

CHANDRA BHAWAN SINGHversusTHE STATE OF UTTAR PRADESH

2018 INSC 435Dismissed

The case involved the murder of Satyawati, who was allegedly killed by her in‑laws for refusing to pay dowry. Four family members were tried; Jwala Singh was acquitted while Tribhuwan Singh, Makoi Devi and Chandra Bhawan Singh were convicted by the trial court. The High Court upheld the convictions …

UNION OF INDIAversusHARDY EXPLORATION AND PRODUCTION (INDIA) INC

2018 INSC 865Directions issued

The Union of India challenged an international commercial arbitration award in favour of Hardy Exploration and Production (India) Inc. by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The respondent argued that Indian courts lacked jurisdiction because the …

ARIF KHAN @ AGHA KHANversusSTATE OF UTTARAKHAND

2018 INSC 426Appeal(s) allowed

The appellant was intercepted on a bus after a tip-off and, after being informed of his right to be searched before a Magistrate or Gazetted Officer, gave written consent to the police and was searched, leading to the seizure of about 2.5 kg of charas. He was convicted under Section 20 of the NDPS …

NARESH & ORS.versusTHE STATE OF UTTARAKHAND & ORS.

2018 INSC 417Disposed off

The accused Naresh, Suresh, Ashish and Rajendra were charged with attempting to murder and causing hurt by attacking Tej Singh with an axe in 1998. The Sessions Court acquitted them, but the High Court set aside the acquittal and convicted them under IPC sections 307/34, 323/34, 324/34 and 504, …

SHIV SINGH & ORS.versusSTATE OF HIMACHAL PRADESH & ORS.

2018 INSC 415Appeal(s) allowed

The State of Himachal Pradesh issued a notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire land for a road project. The landowners (appellants) filed objections to the acquisition within the time prescribed by …

B. L. PASSIversusCOMMISSIONER OF INCOME TAX, DELHI

2018 INSC 397Dismissed

The appellant, B.L. Passi, claimed a deduction under Section 80-O of the Income Tax Act, 1961 for fees received from Sumitomo Corporation, Japan, alleging that he provided specialized industrial and commercial knowledge, market information, and technical assistance in the form of blue‑prints for …

THE COMMISSIONER OF INCOME TAX-IV, AHMEDABADversusM/S. SHREE RAMA MULTI TECH LTD.

2018 INSC 403Dismissed

The Supreme Court considered whether interest earned on share application money that a company is statutorily required to keep in a separate bank account until shares are allotted can be taxed as income from other sources or set off against public issue expenses. The respondent company had shown the …

THE COMMISSIONERversusMAHINDRA AND MAHINDRA LTD. THRG. M.D.

2018 INSC 409Dismissed

Mahindra & Mahindra Ltd. obtained a loan of $650,000 from Kaiser Jeep Corporation to purchase tooling equipment. The loan, bearing 6% interest, was later waived by American Motor Corporation, the successor lender, resulting in a cash receipt of Rs 57,74,064 for Mahindra. The Income Tax Officer …

INCOME TAX OFFICER WARD NO. 16 (2)versusM/S TECHSPAN INDIA PRIVATE LTD. & ANR.

2018 INSC 396Dismissed

M/s TechSpan India Private Ltd. filed its return for AY 2001‑02 declaring income from software development and human‑resource services, claiming common expenses and a deduction under s.10A. The assessing officer, after a show‑cause notice under s.143, rectified the assessment to nil tax. Later, the …

TAPAN KUMAR DUTTAversusCOMMISSIONER OF INCOME TAX, WEST BENGAL

2018 INSC 395Dismissed

The appellant, a partner in Nitya Kali Rice Mill, was subject to a search under Section 132 of the Income Tax Act at the firm’s premises, resulting in seizure of documents and cash. A notice under Section 158BC was issued to both the firm and the appellant on 9 September 1999, prompting the …

COMMISSIONER OF INCOME TAX-VIversusVIRTUAL SOFT SYSTEMS LTD.

2018 INSC 399Appeal(s) allowed

Virtual Soft Systems Ltd claimed a deduction for lease equalisation charges in its 1999-2000 income tax return. The Assessing Officer disallowed the deduction, but the Income Tax Appellate Tribunal allowed it, a decision upheld by the High Court. The Revenue appealed to the Supreme Court, …

COMMISSIONER OF INCOME TAX, DELHI-1versusM/S CONTAINER CORPORATION OF INDIA LTD.

2018 INSC 400Disposed off

M/s Container Corporation of India Ltd. (CONCOR) claimed a deduction under Section 80‑IA of the Income Tax Act, 1961 for profits earned from its Inland Container Depots (ICDs) for assessment years 2003‑04 to 2005‑06. The Assessing Officer rejected the claim, the Tribunal allowed deduction only for …

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAIT. JAYACHANDRANversusT. JAYACHANDRAN

2018 INSC 401Disposed off

The respondent, a stock broker approved by Indian Bank, was instructed to purchase securities on the bank's behalf and to use part of the proceeds to pay additional interest to certain public sector undertakings (PSUs) via demand drafts. The Assessing Officer treated the amount of Rs 14.73 crore, …

ADDL. COMMISSIONER OF INCOME TAXversusBHARAT V. PATEL

2018 INSC 406Dismissed

The respondent, Bharat V. Patel, Chairman and MD of Procter & Gamble India, received Rs 6,80,40,724 on redemption of Stock Appreciation Rights (SARs) issued by P&G USA in 1997, before the Finance Act, 1999 amendment to Section 17(2) became effective on 1 April 2000. The Revenue argued that the …

COMMISSIONER OF INCOME TAX, CENTRAL-IIIversusHCL TECHNOLOGIES LTD.

2018 INSC 398Dismissed

HCL Technologies Ltd. claimed deductions under Section 10A of the Income Tax Act, 1961 for freight, telecommunication, insurance and software development expenses incurred in exporting software and providing technical services abroad. The Assessing Officer excluded these expenses from the total …

APOLLO ZIPPER INDIA LIMITEDversusW. NEWMAN AND CO. LTD.

2018 INSC 384Appeal(s) allowed

Apollo Zipper India Ltd., which became the absolute owner of a commercial premises after a series of statutory transfers, served a quit notice under Section 106 of the Transfer of Property Act to its tenant, W. Newman & Co. Ltd., demanding arrears and vacant possession. The tenant sought leave to …

PARADEEP PHOSPHATES LIMITEDversusSTATE OF ORISSA & ORS.

2018 INSC 377Dismissed

Paradeep Phosphates Ltd., a public sector undertaking, raised the retirement age of its employees from 58 to 60 years in 1998 on a government directive to curb losses. When the financial situation did not improve, the government ordered a rollback to 58 years in 2001, and the company withdrew the …

MAHAVEER KUMAR JAINversusCOMMISSIONER OF INCOME TAX, JAIPUR

2018 INSC 370Appeal(s) allowed

Mahaveer Kumar Jain, a resident of Rajasthan, won a Rs.20 lakh prize in the 1986 Sikkim State lottery. The prize was taxed at source under the Sikkim State Income Tax Rules, 1948, and Jain claimed a deduction under Section 80TT of the Income Tax Act, 1961. The Assessing Officer and subsequent …

UNION OF INDIAversusM/S. VARINDERA CONSTRUCTIONS LTD. ETC.

2018 INSC 375Appeal(s) allowed

The Union of India contracted with M/s Varindera Constructions for residential construction, incorporating Clause 19 (no escalation reimbursement) and Clause 6.3 (no claim for excess wages) in the agreement. During performance, the Haryana government raised the minimum wages, and the contractor …

MANGAMMAL @ THULASI AND ANR.versusT.B. RAJU AND ORS.

2018 INSC 372Case Partly allowed

The appellants, daughters of the late T.G. Basuvan, filed a suit for partition and possession of ancestral lands that had been leased and later sold by their brother, the respondent. The trial court dismissed the suit, holding the daughters were not entitled to partition, a decision upheld by the …

SMT. SUDAMA DEVI & ORS.versusVIJAY NATH GUPTA & ANR.

2018 INSC 350Dismissed

The landlord filed an eviction suit under Section 20(2)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for non‑payment of rent. The trial court and the revisional court decreed eviction. The tenant appealed, contending that he was entitled to the relief …

DINESH SINGH THAKURversusSONAL THAKUR

2018 INSC 356Dismissed

The husband, a U.S. citizen, filed a petition under Sections 13 and 26 of the Hindu Marriage Act in the Gurgaon Family Court seeking divorce, while the wife filed a divorce petition in a Florida court on grounds not available under Indian law. The husband then sued in the Gurgaon court for a …

JALENDRA PADHIARYversusPRAGATI CHHOTRAY

2018 INSC 351Appeal(s) allowed

The husband filed a petition under Section 13 of the Hindu Marriage Act, 1954, seeking divorce on grounds of desertion and cruelty, and the Family Court granted the divorce while ordering him to pay permanent alimony of Rs.15,00,000 to his wife. The husband appealed the alimony award to the High …

IBI CONSULTANCY INDIA PRIVATE LIMITEDversusDSC LIMITED

2018 INSC 349Disposed off

The petitioners, IBI Consultancy India Private Limited and its parent IBI Group, entered into six contracts with DSC Limited for toll and traffic management systems on two highway projects. The contracts contained an arbitration clause stipulating that disputes be referred to an independent …

MOHAMMAD YUSUF AND OTHERS ETC. ETC.versusSTATE OF HARYANA AND OTHERS

2018 INSC 347Dismissed

The State of Haryana acquired 46 acres of land in Firozpur village for a Mini Secretariat under the Land Acquisition Act, 1894. The initial award valued the land at Rs 16 lakhs per acre, but a reference court enhanced the valuation to Rs 72 lakhs per acre and imposed a 60% deduction for development …

MOHD. ALIversusSTATE OF H.P. AND OTHERS

2018 INSC 346Dismissed

Mohd. Ali was employed as a casual labourer on a muster‑roll at an agricultural seed farm from 1980 to 1991, completing the statutory 240 days of work only in the years 1980‑1982 and 1986‑1989. He ceased work in 1991 without informing his employer. In 2005 he sought relief under Section 10 of the …

SHIVAJI YALLAPPA PATILversusSRI RANAJEET APPASAHEB PATIL & OTHERS

2018 INSC 342Dismissed

Four joint owners of agricultural land agreed to sell their shares to two co‑owners, but two owners died and the widow (Respondent No.3) recorded her husband's share in her name. The remaining co‑owners executed a sale deed in favour of the plaintiffs (Respondents Nos.1 & 2) and took possession of …

M/S OSWAL WOOLLEN MILLS LTD.versusM/S OSWAL AGRO MILLS LTD.

2018 INSC 337Dismissed

The dispute between Oswal Woolen Mills Ltd. and Oswal Agro Mills Ltd. arose from a breach of an agency agreement and was referred to arbitration under the Arbitration Act, 1940. Two arbitrators could not agree on an award, so the matter was referred to an umpire who awarded damages to the …

SUCHA SINGH SODHI (D) THR. LRS.versusBALDEV RAJ WALIA & ANR.

2018 INSC 338Appeal(s) allowed

The original plaintiff, Sucha Singh, filed a suit for permanent injunction against the defendant in 1996, which he later withdrew with the court's permission to pursue appropriate proceedings before a competent forum. He subsequently filed a fresh suit for specific performance of the same agreement, …

SHIVA KANT JHAversusUNION OF INDIA

2018 INSC 339Disposed off

Shiva Kant Jha, a CGHS pensioner, sought reimbursement of Rs.13,84,440 incurred for emergency cardiac and stroke treatment in non‑empanelled hospitals. The CGHS authorities denied most of the claim on technical grounds, citing lack of prior approval and non‑empanelment. The petitioner filed a writ …

KERALA AYURVEDA PARAMPARYA VAIDYA FORUMversusSTATE OF KERALA AND OTHERS

2018 INSC 336Dismissed

The Kerala Ayurveda Paramparya Vaidya Forum, an association of traditional practitioners of Ayurveda, Siddha and Unani, challenged the Travancore‑Cochin Medical Practitioners Act, 1953 which barred them from practising unless they were registered under the Act. The Forum argued that they had …

UMA PANDEY & ANR.versusMUNNA PANDEY & ORS.

2018 INSC 314Appeal(s) allowed

The plaintiffs, members of a family, filed a partition suit for agricultural land which was decreed in their favour by the trial court. The defendants appealed and the first appellate court reversed the decree, relying on a document labelled Ex‑A. The plaintiffs then filed a second appeal, which the …

BHARATIYA JANATA PARTY WEST BENGALversusSTATE OF WEST BENGAL & ORS.

2018 INSC 318Disposed off

The Bharatiya Janata Party (West Bengal) filed a writ petition under Article 32 seeking a mandamus directing the West Bengal State Election Commission (SEC) to issue nomination forms electronically, allow email submissions, and provide police and para‑military protection, alleging that its …

THE DIRECTOR, PRASAR BHARATIversusCOMMISSIONER OF INCOME TAX, THIRUVANTHAPURAM

2018 INSC 298Appeal(s) allowed

The Director, Prasar Bharati (Doordarshan) entered into agreements with several advertising agencies, paying them a 15% commission on advertising revenue for the assessment years 2002‑03 and 2003‑04. The Assessing Officer held that the payments fell within the definition of "commission" under …

BHARATKUMAR RAMESHCHANDRA BAROTversusSTATE OF GUJARAT

2018 INSC 263Dismissed

The appellant was convicted of murder under Section 302 IPC and sentenced by the Sessions Court to ten years' rigorous imprisonment, which the State appealed under Section 377 of the CrPC for enhancement. The High Court, after serving notice and appointing an amicus curiae, enhanced the sentence to …

GORUSU NAGARAJU S/O APPARAOversusSTATE OF ANDHRA PRADESH

2018 INSC 257Dismissed

Gorusu Nagaraju was convicted of murder under IPC s.302 and of concealing the offence under s.201, based primarily on circumstantial evidence linking him to the victim's death. The trial court and the Andhra Pradesh High Court both upheld the conviction, relying on seven material circumstances, …

NETRAM SAHUversusSTATE OF CHHATTISGARH & ANR.

2018 INSC 258Appeal(s) allowed

Netram Sahu was employed by the State of Chhattisgarh as a daily wager from 1 April 1986 and was regularized as a work‑charge employee on 6 May 2008, retiring on 30 July 2011 after a total service of 25 years 3 months. He claimed gratuity under the Payment of Gratuity Act, 1972, and the Controlling …

P. SREEKUMARversusSTATE OF KERALA & ORS.

2018 INSC 246Appeal(s) allowed

The appellant, a chief executive trustee of a charitable trust, was accused by a fellow trustee of defrauding the trust, leading to the registration of an FIR against the appellant, the trust treasurer and three bank officials. The appellant subsequently lodged a separate FIR against the treasurer …

SIVAKAMI & ORS.versusSTATE OF TAMIL NADU & ORS.

2018 INSC 226Appeal(s) allowed

The petitioners, owners of 1.52 acres of land, challenged a 1985 acquisition of their land by the State of Tamil Nadu under the Land Acquisition Act, 1894. The Single Judge of the Madras High Court allowed the writ petition and quashed the acquisition but gave no reasons or discussion of the issues. …

UMMERversusPOTTENGAL SUBIDA & ORS.

2018 INSC 219Appeal(s) allowed

The appellant, an elderly man, was served with an ex parte decree by a family court for alleged non‑payment of gold ornaments and maintenance. He applied under Order IX Rule 13 of the CPC to set aside the decree and sought condonation of delay, but both applications were dismissed. He then filed a …

BHUPENDRA KUMAR CHIMANBHAI KACHIYA PATELversusDIVISIONAL CONTROLLER GSRTC NADIAD

2018 INSC 218Dismissed

The Gujarat State Road Transport Corporation (GSRTC) and the Union of its workers entered into a settlement on 21‑12‑1989, wherein Clause 20 prescribed that Badali Kamdars would be regularised and absorbed into the permanent conductor cadre after completing 180 days of continuous service in that …

RAJESHWAR MAHTOversusALOK KUMAR GUPTA, G.M. M/S BIRLA CORPORATION LTD.

2018 INSC 197Disposed off

The employee Rajeshwar Mahto was terminated by Birla Corporation Ltd. and challenged the termination before an Industrial Tribunal, which held he was not a "workman". The High Court set aside that award, declaring him a workman, but the Supreme Court later allowed the corporation's appeal, …

SURAT SINGH (DEAD)versusSIRI BHAGWAN & ORS.

2018 INSC 170Appeal(s) allowed

The Supreme Court examined a second appeal filed under Section 100 of the CPC by Siri Bhagwan against a decree favoring Murti Devi's heirs. The Punjab & Haryana High Court allowed the appeal without hearing the contesting respondent (Surat Singh, appellant No.4) and framed the substantial question …

KHATOON & ORS.versusTHE STATE OF U.P. THROUGH PRINCIPAL SECRETARY & ORS.

2018 INSC 148Dismissed

The State of Uttar Pradesh acquired large tracts of land for industrial development under the Land Acquisition Act, 1894, prompting many landowners to file writ petitions challenging the acquisition. The Allahabad High Court, in Gajraj & Ors. v. State of U.P., upheld the acquisition but ordered …

AUTO CARSversusTRIMURTI CARGO MOVERS PVT. LTD. & ORS.

2018 INSC 150Appeal(s) allowed

The plaintiff filed a civil suit in the Calcutta High Court for recovery of money and, after failing to serve the defendants by ordinary means, obtained permission to serve them by substituted service through newspaper publication. The summons published on 25 November 2014 instructed the defendants …

KURUKSHETRA UNIVERSITYversusPRITHVI SINGH

2018 INSC 143Appeal(s) allowed

The University terminated security guard Prithvi Singh, a daily‑rated employee, after a departmental enquiry found him guilty of misconduct for misbehaving with a research scholar. The Labour Court, on reference under Section 10 of the Industrial Disputes Act, held that the enquiry was illegal, …

G. SARASWATHI & ANR.versusRATHINAMMAL & ORS.

2018 INSC 142Appeal(s) allowed

The appellants filed a civil suit seeking specific performance of an agreement, which the trial court decreed in their favour. The High Court single judge set aside that decree, and the appellants filed a Letters Patent Appeal (LPA) before the Division Bench of the High Court. The Division Bench …

ONGC MANGALORE PETROCHEMICALS LTD.versusM/S ANS CONSTRUCTIONS LTD. & ANR.

2018 INSC 111Appeal(s) allowed

ONGC Mangalore Petrochemicals Ltd. awarded a construction contract to ANS Constructions Ltd. The contractor paid the final bill of Rs.20.34 crore after receiving a No Dues/No Claim Certificate on 21 September 2012. The contractee later withdrew the certificate on 24 October 2012 alleging it was …

UNION OF INDIA & ANR.versusPUSHPAVATHI & ORS. ETC.

2018 INSC 103Dismissed

The Union of India acquired land in Pondicherry for a university and determined compensation under the Land Acquisition Act, 1894. Some landowners, dissatisfied with the compensation, obtained a higher award from a civil court under Section 18, after which the Collector re‑determined compensation …

AJAYINDER SANGWAN AND ORS.versusBAR COUNCIL OF DELHI & ORS.

2018 INSC 97Disposed off

The Supreme Court disposed of a series of interlocutory applications filed in the matter of Ajayinder Sangwan v. Bar Council of Delhi concerning the conduct of Bar Council elections across several states. The Court upheld the Bar Council of India's constitution of committees to oversee elections, …

AJAYINDER SANGWAN AND ORS.versusK. K. MOHAN

2018 INSC 98Dismissed

The petitioners, Ajayinder Sangwan and others, filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the Bar Council of India (BCI) willfully disobeyed Supreme Court orders dated 14 December 2017, 23 August 2017 and 24 November 2017 concerning the election schedule for …

JAYAPRAKASH & ANR.versusT. S. DAVID & ORS.

2018 INSC 61Dismissed

The appellants filed a suit for specific performance of a sale agreement against four defendants. Defendants 1 and 2, the original owners, failed to sell the property and the suit proceeded ex parte, resulting in an ex parte decree. Defendants 3 and 4 successfully set aside the decree under Order 9 …

SUBHASH CHANDER BANSALversusGIAN CHAND AND ORS

2018 INSC 59Dismissed

In 1988 the accused used a hockey stick to inflict injuries on Om Prakash and Ravinder Kumar. The trial court acquitted all five accused, but the High Court convicted four of them under Section 325 read with Section 34 of the Indian Penal Code, crediting the period they had already spent in custody …

FLORA ELIAS NAHOUM & ORS.versusIDRISH ALI LASKAR

2018 INSC 55Appeal(s) allowed

The landlords (appellants) owned a shop in Calcutta and leased it to the respondent, who later changed the business and allegedly sub‑let the premises to a third person without consent. The eviction suit was filed under the West Bengal Premises Tenancy Act, 1956 on four grounds, including …

H. V. NIRMALA & ANR.versusR. SHARMILA & ANR.

2018 INSC 60Dismissed

The dispute concerned immovable property of the late Ramaiah Reddy, who executed a registered will on 12 March 1980 in favour of his minor children Sharmila and Umesh. A later will dated 20 May 1995, executed by the same testator, did not expressly revoke the 1980 will. Umesh filed a partition suit …

N. C. BANSALversusUTTAR PRADESH FINANCIAL CORPORATION & ANR.

2018 INSC 62Appeal(s) allowed

The plaintiff, N.C. Bansal, filed a civil suit seeking a declaration and permanent injunction concerning a property. The trial court dismissed the suit as non‑maintainable; an appellate court remanded the matter for trial. After remand, the plaintiff filed three applications: (i) under Order 7 Rule …

KARNATAKA LIVE BAND RESTAURANTS ASSOCIATIONversusSTATE OF KARNATAKA & ORS.

2018 INSC 58Dismissed

The Karnataka Live Band Restaurants Association challenged the Karnataka Police Act, 1963, and the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005, which required licences for restaurants displaying live band music, cabaret or discotheque. The Association …

SURENDER SINGHversusSTATE OF HARYANA & ORS.

2018 INSC 65Matter referred to larger bench

The State of Haryana acquired about 520 acres of land spread across 15 villages for an expressway under the Land Acquisition Act, 1894. The Land Acquisition Officer fixed a uniform compensation rate of Rs.12,50,000 per acre, which was later enhanced by the Reference Court to Rs.43,17,841 per acre. …

KANAKLATA DAS & ORS.versusNABA KUMAR DAS & ORS.

2018 INSC 56Appeal(s) allowed

The appellants filed an ejectment suit under the West Bengal Tenancy Act to evict respondents Nos. 2‑5 for non‑payment of rent and other grounds. Respondent No.1, claiming co‑ownership of the suit premises, applied under Order I Rule 10(2) of the CPC to be impleaded as a co‑plaintiff. The trial …

DASHRATH @ JOLO & ANR. ETC.versusSTATE OF CHHATTISGARH

2018 INSC 51Dismissed

On 3 August 2008, PW‑19 Birichram went to a neighbour's house for a child's birth celebration when the appellants, armed with battleaxes and sticks, threatened and assaulted him. The assault escalated, resulting in the deaths of three persons (Chedilal, Bablu, Bhuru) and injuries to two others, with …

SMT. K. A. ANNAMMAversusTHE SECRETARY, COCHIN CO-OPERATIVE HOSPITAL SOCIETY LTD.

2018 INSC 26Appeal(s) allowed

The employee of a Kerala co‑operative hospital was dismissed and challenged the termination before the Labour Court under the Industrial Disputes Act, 1947 (ID Act). The Labour Court set aside the dismissal, but the employer obtained a writ setting aside the award. The Supreme Court examined whether …

DINESHBHAI CHANDUBHAI PATELversusSTATE OF GUJARAT & ORS.

2018 INSC 5Disposed off

The complainants, members of a Rathore family, alleged that Dineshbhai Patel and others fraudulently obtained bogus powers of attorney and transferred their jointly owned land in Surat. Three separate complaints led to the registration of an FIR on 6 June 2016, charging offences under the IPC and …

NATIONAL KAMGAR UNIONversusKRAN RADER PVT. LTD. & ORS.

2018 INSC 3Disposed off

The National Kamgar Union (appellant) challenged the closure of Kran Rader Pvt. Ltd.'s manufacturing unit, alleging that more than 100 workers were employed and that the employer failed to comply with Section 25-K of Chapter VB of the Industrial Disputes Act, 1947. The Industrial Court had held that …

MADAN MOHANversusSTATE OF RAJASTHAN & ORS.

2017 INSC 1233Appeal(s) allowed

Madan Mohan filed an application under Section 193 CrPC seeking the summoning of Ashish Meena and Vimal Meena as accused in a case already pending against two other persons. The Sessions Judge issued non‑bailable warrants against the two respondents. They filed a revision under Section 197 CrPC in …

PREM GIRIversusSTATE OF RAJASTHAN

2017 INSC 1234Appeal(s) allowed

Prem Giri, charged with offences under several sections of the IPC, applied for anticipatory bail under Section 438 of the Code of Criminal Procedure before the High Court of Rajasthan. The Single Judge of the High Court dismissed the application, merely stating that, in view of the overall facts, …

SUNKAMMA (D) BY LRS.versusS. PUSHPARAJ (D) BY LRS.

2017 INSC 1225Dismissed

The dispute concerned possession of site No. 47 in Bangalore. The plaintiff, S. Pushparaj, claimed possession based on an agreement of sale dated 09‑09‑1986 and a registered general power of attorney dated 03‑05‑1988 executed by the seller, Madhavan Pillai (PW‑2). The defendants, Sunkamma, alleged …

MR. RANVIR DEWANversusMRS. RASHMI KHANNA & ANR.

2017 INSC 1219

The deceased B.R. Dewan owned a house which he bequeathed by will: the ground floor to his son Ranvir, the first floor to his daughter Rashmi, and a "life interest" to his second wife, Mrs. Pritam, to reside and collect rent. After his death, a dispute arose and Ranvir (appellant) and his mother …

BARUN CHANDRA THAKURversusCENTRAL BUREAU OF INVESTIGATION AND OTHERS

2017 INSC 1214Dismissed

The appellant, a grieving father, challenged the grant of anticipatory and interim bail to the top management executives of Ryan International School, who were accused in the murder of his 7‑year‑old son. The respondents filed bail applications in the Bombay High Court and later in the Punjab & …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND OTHERS

2017 INSC 1091Dismissed

The Campaign for Judicial Accountability and Reforms filed a public‑interest litigation seeking a writ of mandamus directing the Supreme Court to constitute a Special Investigation Team, headed by a retired Chief Justice of India, to probe an FIR (RCIO(A)/2017‑AC.III) alleging conspiracy and bribes …

ANIL KUMAR SINGHversusV!JAY PAL SINGH & ORS.

2017 INSC 1161Appeal(s) allowed

Anil Kumar Singh filed a civil suit for a permanent injunction over a parcel of land and obtained an ex‑parte temporary injunction. He later filed an application under Order XXIII Rule 1 of the CPC seeking to withdraw the suit, which the trial court allowed subject to payment of Rs 350 as costs to …

COMMON CAUSEversusUNION OF INDIA AND OTHERS

2017 INSC 1152Dismissed

The public‑interest litigation filed by Common Cause challenged the appointment of Shri Rakesh Asthana as Special Director of the CBI, alleging that the Selection Committee had not taken a decision and that the appointment was illegal, arbitrary and tainted by pending investigations. The Court …

DISTRICT DEVELOPMENT OFFICER & ANR.versusSATISH KANTILAL AMRELIA

2017 INSC 1148Case Partly allowed

The respondent, a daily‑wage peon‑cum‑driver employed by the Gujarat Panchayat Department, was terminated in February 1992. He challenged the termination in both a civil suit and an industrial reference before the Labour Court, which held that the termination violated Section 25‑G of the Industrial …

AGARWAL TRACOM PVT. LTD.versusPUNJAB NATIONAL BANK & ORS.

2017 INSC 1146Dismissed

Agarwal Tracom Pvt. Ltd. purchased assets of a defaulting borrower at a public auction conducted by Punjab National Bank (PNB) under the SARFAESI Act. After failing to pay subsequent installments, the bank forfeited Agarwal's deposit pursuant to Rule 9(5) of the Security Interest (Enforcement) …

AJAYINDER SANGWAN & ORS.versusBAR COUNCIL OF DELHI

2017 INSC 1141Directions issued

The Supreme Court was approached by a group of advocates (Ajayinder Sangwan & Ors.) who had submitted applications and law degrees for verification but whose degrees had not yet been verified by universities, fearing exclusion from the electoral roll for State Bar Council elections. The Court had …

SMT. BAYANABAI KAWAREversusRAJENDRA S/O BABURAO DHOTE

2017 INSC 1136Dismissed

The plaintiff purchased a plot from a housing cooperative society by a registered sale deed dated 29‑12‑1981 and was placed in possession. The defendant later encroached on the land and erected a hut, prompting the plaintiff to sue for possession and mesne profits. The trial court and first …

SRI SHIVAJI BALARAM HAIBAITLversusSRI AVINASH MARUTHI PAWAR

2017 INSC 1126Appeal(s) allowed

The appellant purchased a shop and sued the respondent for possession, alleging the respondent occupied the shop without any right. The respondent denied the appellant's title and pleaded adverse possession, claiming long possession. The trial court and first appellate court held in favour of the …

DR.KAZIMUNNISA (DEAD) BY L.R.versusZAKIA SULTANA (DEAD) BY L.R.& ORS.

2017 INSC 1115Case Partly allowed

Two pending land‑grabbing suits (LGC No.41/1998 and LGC No.50/2004) were filed under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 concerning the same parcel of land. The Special Court dismissed the first suit and allowed the second, leading to conflicting orders. The High Court clubbed …

CHIRAG M. PATHAK & ORS. ETC.ETC.versusDOLLYBEN KANTILAL & ORS.

2017 INSC 1114Disposed off

Six FIRs were lodged in different police stations in Gujarat against five cooperative housing societies and the accused family members for alleged offences under the IPC. The accused filed criminal applications under Section 482 of the CrPC in the Gujarat High Court, which quashed five of the FIRs …

KAMINI JAISWALversusUNION OF INDIA & ANR.

2017 INSC 1112Dismissed

The petitioners, including a member of the Commission for Judicial Accountability and Reforms, filed successive writ petitions alleging that an FIR implicated senior judicial functionaries and that the Chief Justice of India (CJI) should not hear or assign the matter. They sought a Special …

STATE OF UTTARAKHANDversusJAIRNAIL SINGH

2017 INSC 1105Dismissed

The State of Uttarakhand appealed a High Court order acquitting Jairnail Singh of charges under IPC s.307 (attempt to murder) and Arms Act s.25(1‑A). The Session Court had convicted Singh, but the High Court set aside the conviction, citing material infirmities such as the failure to forensic‑test …

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMSversusUNION OF INDIA AND ANOTHER

2017 INSC 1091Matter referred to larger bench

The Supreme Court clarified that the Chief Justice of India (CJI) is the sole authority to constitute benches and allocate cases, a principle derived from the State of Rajasthan v. Prakash Chand judgment and applicable to the Supreme Court. The Court held that a two‑judge bench cannot direct the …

MANAGEMENT OF BHARAT HEAVY ELECTRICALS LTD.versusM. MANI

2017 INSC 1088Appeal(s) allowed

Bharat Heavy Electricals Ltd. (BHEL) dismissed two drivers, M. Mani and the late T.A. Mathivanan, after a departmental enquiry found them guilty of theft of a heavy machine while on duty. The employees were later acquitted of the theft charge in a criminal trial under IPC s.379. They challenged …

KERALA PRIVATE HOSPITAL ASSOCIATIONversusSTATE OF KERALA & ORS.

2017 INSC 1090Dismissed

The State of Kerala constituted a Private Hospital Industrial Relations Committee under Section 9 of the Minimum Wages Act, 1948 to revise minimum wages for employees of private hospitals and allied institutions. The committee comprised equal numbers of employer and employee representatives, but …

THE STATE OF UTTAR PRADESHversusTRIBHUWAN & ORS.

2017 INSC 1078Case Partly allowed

In 1980 a violent altercation in Azamgarh resulted in the death of Ram Lagan and injuries to Baij Nath. Six persons, including Tribhuwan, were tried; Tribhuwan was convicted under Section 325 IPC read with Section 149 and sentenced to four years rigorous imprisonment by the Sessions Court. The …

SURESH KUMAR THROUGH GPAversusANIL KAKARIA & ORS.

2017 INSC 1077Dismissed

The appellant, Suresh Kumar, claimed that an agreement dated 24‑04‑1980 and a purported will of the original allottee, Ved Prakash Kakaria, entitled him to purchase a 114‑acre plot allotted by HUDA. After Kakaria's death, his heirs (respondents 1‑3) sold the land to respondent 4, prompting the …

BIJENDER & ORS.versusSTATE OF HARYANA & ANR.

2017 INSC 1058Case Partly allowed

The case concerned the acquisition of over 300 acres of land in Haryana for residential and commercial development under the Land Acquisition Act, 1894. The Collector determined compensation using the judicially recognised Belting System, fixing Rs 33 lakh per acre for land within two acres of the …

NARENDRA & ORS.versusAJABRAO S/O NARAYAN KATARE (D) THROUGH LRS.

2017 INSC 1055Appeal(s) allowed

The plaintiffs purchased a house in 1985 and sued the original defendant, who had been living in two rooms of the house even before the purchase, for a declaration of title and possession of the entire house. The trial court dismissed the suit, holding the defendant had acquired title by adverse …

POORANLAL & ANRversusTHE STATE OF MADHYA PRADESH

2017 INSC 1051Dismissed

The case arose from the beating of Hariya on 30 August 1990 by five persons, including Pooranlal and Gaya Prasad, who later died after 14 days of injuries. The trial court acquitted all five accused, but the High Court set aside the acquittal of Pooranlal and Gaya Prasad, convicting them under …

SURESH KUMAR WADHWAversusSTATE OF M.P. & ORS.

2017 INSC 1052Appeal(s) allowed

The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and …

HIMANGNI ENTERPRISESversusKAMALJEET SINGH AHLUWALIA

2017 INSC 1038Dismissed

The landlord filed a civil suit seeking eviction of the premises leased to the defendant, Himangni Enterprises. The lease deed contained an arbitration clause, prompting the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to …

NAGAR PALIKA RAISINGHNAGARversusRAMESHWAR LAL & ANR.

2017 INSC 1024Dismissed

The municipal corporation (Nagar Palika Raisinghnagar) had issued a patta in 1957 to the respondent's grandfather for a 100x100 sq. ft. parcel of land. The respondent, as the grandson and current possessor, filed a suit seeking a permanent injunction to prevent the corporation from dispossessing …

OM PRAKASHversusRELIANCE GENERAL INSURANCE AND ANR.

2017 INSC 1001Appeal(s) allowed

The appellant insured a truck with Reliance General Insurance, which was stolen on 23 March 2010. While assisting police in the search, the appellant delayed filing the insurance claim until 31 March 2010, citing an eight‑day gap due to police involvement. The insurer rejected the claim on the basis …

DHARAMPAL (DEAD) THR. LRS.versusPUNJAB WAKF BOARD & ORS.

2017 INSC 899Dismissed

The Punjab Wakf Board sued Dharampal (deceased) and others for possession of land it owned. Dharampal's heirs claimed title by adverse possession, asserting continuous possession since 1953 through his father. The lower courts initially upheld the board's claim, rejecting the adverse possession …

STATE OF UTTARAKHAND & ANR.versusMANDIR SRI LAXMAN SIDH MAHARAJ

2017 INSC 886Appeal(s) allowed

Bharat Bhushan Bharti, calling himself the Mahant and Manager of the ancient Sri Laxman Sidh Maharaj temple, filed a civil suit seeking a declaration of ownership over the temple and its surrounding five‑acre land and a permanent injunction restraining the State and the Divisional Forest Officer …

MIHIR KUMAR HAZARA CHOUDHURYversusLIFE INSURANCE CORPN. & ANR.

2017 INSC 881Dismissed

M.K. Hazra Chowdhury, an Assistant of Life Insurance Corporation of India (LIC), was found to have issued premium receipts to policyholders without actually receiving the premiums. He admitted the act in his reply, citing workload and family pressures, and sought leniency. A departmental enquiry …

BHARGAVI CONSTRUCTIONS & ANR.versusKOTHAKAPU MUTHYAM REDDY & ORS .

2017 INSC 867Appeal(s) allowed

Bhargavi Constructions filed a civil suit for specific performance of a land sale, which was later settled by a written compromise and an award was passed by a Lok Adalat on 22‑08‑2007. The plaintiffs later alleged fraud and misrepresentation in obtaining that award and instituted a suit seeking its …

ADIVEPPA & ORSversusBHIMAPPA & ANR.

2017 INSC 862Dismissed

The appellants, nephews of the deceased family head, sued their uncle and aunt seeking a declaration that certain agricultural lands (Schedules B and C) were self‑acquired and a partition of other lands (Schedule D) claimed to be ancestral. The respondents contended that all the lands were ancestral …

HARBANSLAL MALHOTRA & SONS PVT. LTD.versusKOLKATA MUNICIPAL CORPN. & ANR.

2017 INSC 854Appeal(s) allowed

Harbanslal Malhotra & Sons Pvt Ltd owned a two‑storey building with appurtenant land and was assessed for municipal tax under the Calcutta Municipal Corporation Act, 1980. The Assessing Officer fixed the annual valuation at Rs 59,400 for AY 1988‑89 and Rs 4,25,600 for AY 1994‑95. The Municipal …

S. N. D. P. SAKHAYOGAMversusKERALA ATMAVIDYA SANGHAM

2017 INSC 853Appeal(s) allowed

The plaintiff, a charitable society, filed a suit against another society and a person seeking a declaration that a sale deed concerning a piece of land was void. The plaintiff applied to the trial court for permission to prosecute the suit in a representative capacity under Order I Rule 8 of the …

MAHARAJA AMRINDER SINGHversusTHE COMMISSIONER OF WEALTH TAX

2017 INSC 852Appeal(s) allowed

Maharaja Amrinder Singh, a wealth‑tax assessee, challenged the High Court’s order that set aside the Income Tax Appellate Tribunal’s decision in his favour and restored a penalty assessment for the years 1981‑84. The revenue had appealed to the High Court under Section 27‑A of the Wealth Tax Act, …

THE STATE OF MAHARASHTRA & ANR.versusKISHOR M. GADHAVE PATIL & ORS.

2017 INSC 859Disposed off

The State of Maharashtra appointed fifteen advocates as Additional Government Pleaders, Assistant Government Pleaders or Additional Public Prosecutors for the Aurangabad Bench of the High Court. On 28 August 2015 the State cancelled these appointments under Rule 30(5) of the Maharashtra Law Officers …

M/S RAPTAKOS, BRETT & CO. LTD.versusM/S GANESH PROPERTY

2017 INSC 857Appeal(s) allowed

The appellant, MIS Rapta­kos, Brett & Co. Ltd., occupied premises leased to it until 1985. The respondent, Mis Ganesh Property, sued for possession and mesne profits in 1986; the court decreed possession in its favour but declined the mesne‑profit claim because the respondent did not press it. …

SIDDALINGAYYAversusGURI. LINGAPPA & ORS.

2017 INSC 855Dismissed

Siddalingayya sued the respondents for Rs 45,000 damages alleging illegal demolition of his construction. The respondents failed to file a written statement within the time fixed, and the trial court refused to extend the deadline, proceeding to decree in favour of the plaintiff. The respondents …

APPARAJU MALHAR RAOversusTULA VENKATAIAH@ VENKAT RAO (DEAD) & ORS.

2017 INSC 842Appeal(s) allowed

The plaintiff filed a suit for perpetual injunction over a parcel of land, which the trial court decreed in his favour. The defendants successfully appealed, and the first appellate court set aside the trial court decree. The plaintiff then filed a second appeal before the High Court, which restored …

CANARA BANK REP. BY ITS DEPUTY GEN. MANAGERversusC.S. SHYAM & ANR.

2017 INSC 835Appeal(s) allowed

The employee of Canara Bank filed an RTI application under Section 6 seeking details of transfers and postings of all clerical staff from 2002 to 2006, which included personal data of individual employees. The bank’s Public Information Officer rejected the request, invoking the exemption under …

PREM PRAKASHversusSANTOSH KUMAR JAIN & SONS (HUF) AND ANOTHER

2017 INSC 827Dismissed

The owner of a shop in Delhi filed an eviction petition under the Delhi Rent Control Act, 1958 alleging that the tenant had sub-let the premises to a third person who was in exclusive possession and that the tenant was in arrears of rent. The tenant contended that the third person was merely an …

AHSANversusSTATE OF U.P.

2017 INSC 819Dismissed

On 8 October 2004, three accused, including the appellant Ahsan, entered the house of the victim's uncle armed with country‑made pistols and fired at family members, causing the death of a still‑born child and grievous injuries to others, including a head wound to Shahzad inflicted by Ahsan. The …

RAM CHAND (DECEASED) THROUGH L.RS. & ORS.versusUDAI SINGH@ DAYA RAM & ORS.

2017 INSC 802Appeal(s) allowed

The plaintiff, represented by his legal heirs, sued the defendants for ownership and possession of agricultural land, claiming inheritance rights, while the defendants relied on a will. The trial court granted only symbolic possession to the plaintiff, and both parties appealed. The High Court …

KANAILAL & ORS.versusRAM CHANDRA SINGH & ORS.

2017 INSC 792Appeal(s) allowed

The appellants (defendants) challenged a summary dismissal of their second appeal by the Calcutta High Court, which had been filed against a decree granting partition to the plaintiffs. The High Court dismissed the appeal under Order 41 Rule 11 without stating facts, the parties' submissions, or …

AJAYINDER SANGWAN AND ORS.versusBAR COUNCIL OF DELHI & ORS.

2017 INSC 795Hearing Adjourned

The petitioners sought immediate elections to the State Bar Councils, arguing that the terms of the incumbent members had expired. The Bar Council of India (BCI) contended that elections could not be held until a verification process to weed out fake lawyers was completed, as mandated by the …

LT. COL. PRASAD SHRIKANT PUROHITversusSTATE OF MAHARASHTRA

2017 INSC 784Appeal(s) allowed

Lt. Col. Prasad Shrikant Purohit, a serving Army officer, was accused of conspiring with others to plant a bomb in Malegaon in 2008, resulting in six deaths. The case was investigated first by the Anti‑Terrorist Squad (ATS) and later by the National Investigation Agency (NIA), leading to divergent …

DIRECTORATE OF REVENUE INTELLIGENCE AND OTHERSversusPUSHPA LEKHUMAL TOLANI

2017 INSC 772Dismissed

The Directorate of Revenue Intelligence (DRI) intercepted Ms. Pushpa Lekhumal Tolani at Delhi airport on a tip that she was carrying gold and diamond jewellery concealed in her baggage and attempting to pass through the Green Channel without duty. A search under the Customs Act, 1962 uncovered 44 …

COMMISSIONER OF INCOME TAX COCHINversusMIS TRAVANCORE COCHIN UDYOGA MANDAL

2017 INSC 761Appeal(s) allowed

The State Government fixed lease rent for land allotted to the assessee in 1988, which the assessee contested but was rejected in 1991. The assessee claimed a deduction of the accumulated lease rent in Assessment Year (AY) 1992‑93, arguing that the dispute was sub‑judice until the State’s final …

BIR WATI & ORS.versusUNION OF INDIA & ANR.

2017 INSC 762Disposed off

The appellants, legal representatives of a deceased landowner, sought to challenge the compensation awarded under the Land Acquisition Act, 1894, after their reference application under Section 18 was dismissed as time‑barred. They argued that, despite the dismissal, they were entitled to file an …

THE STATE OF BIHAR & ORS.versusMODERN TENT HOUSE & ANR.

2017 INSC 747Appeal(s) allowed

The State of Bihar filed a money suit seeking Rs 41,59,418 against Modern Tent House and others. The defendants denied the claim in their written statement and later applied under Order 6 Rule 17 of the Code of Civil Procedure, 1908 to amend the statement by adding two paragraphs that merely …

LEKH RAJ (DEAD) THROUGH L.RS. & ORS.versusRANJIT SINGH & ORS.

2017 INSC 746Dismissed

The appellants filed a suit in 1962 seeking a declaration of customary rights over agricultural land under the Punjab Custom (Power to Contest) Act, 1920. The trial court dismissed the suit, but the appellate court in 1965 decreed in favour of the respondents, and the decree became final as no …

DAYA KISHAN JOSHI & ANR.versusDYNEMECH SYSTEMS PVT. LTD.

2017 INSC 726Disposed off

The appellant, father of a deceased employee, claimed compensation under the Employees' Compensation Act, 1923 after the employee died in a road accident while returning from a field assignment. The Commissioner and the High Court dismissed the claim, holding the accident was not "arising out of and …

PARMINDER SINGHversusGURPREET SINGH

2017 INSC 664Dismissed

The appellant, a co‑sharer of land, entered into a 1995 agreement to sell his share to his elder brother, the respondent, for Rs 5 lakhs, with Rs 4 lakhs paid upfront and the balance to be paid upon execution of the sale deed. The appellant failed to execute the deed and the respondent sued for …

PUBLIC TRUST SHRI GEETA SATSANG BHAWANversusNAND LAL & ORS.

2017 INSC 663Case Partly allowed

The Shri Geeta Satsang Bhawan Trust filed eviction suits in 1999 against tenants for non‑payment of rent. At the time of filing, the Trust was not registered under the Rajasthan Public Trust Act, 1959, and the trial court nevertheless decreed in its favour. The appellate courts set aside the decree, …

INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusM. S. RATHI

2017 INSC 602Dismissed

The Institute of Chartered Accountants of India (ICAI) sought reprimand of M.S. Rathi, a chartered accountant, for issuing certificates that allegedly showed the CIF value of imported raw materials instead of their actual value and for issuing such certificates without the units maintaining proper …

RAJASTHAN WAKF BOARDversusDEVKI NANDAN PATHAK & ORS.

2017 INSC 439Appeal(s) allowed

The Rajasthan Wakf Board filed an appeal against a High Court order that set aside a Wakf Tribunal decree declaring a disputed parcel of land to be Wakf property. The dispute centered on whether the suit land was part of the "Kauria Wali Masjid" Wakf and, if so, whether its sale by a non‑Wakf party …

CHILAMKURTI BALA SUBRAHMANYAMversusSAMANTHAPUDI VIJAYA LAKSHMI & ANR.

2017 INSC 427Appeal(s) allowed

The appellant, an auction purchaser, bought a schedule property attached in execution of a decree for a loan granted by State Bank of India to the judgment debtor, Samanthapudi Vijaya Lakshmi. The property was proclaimed for sale on 5 October 1999, a 15‑day notice was issued, and the auction was …

ARUN KUMARversusTHE STATE OF BIHAR & ORS.

2017 INSC 419Appeal(s) allowed

The appellant, son of the deceased, challenged the acquittal of four accused persons charged with murder, attempt to murder and rioting under Sections 302, 34, 201 and 307 IPC. The trial court had acquitted all accused despite the prosecution's evidence from 13 witnesses. The High Court dismissed …

GURNAM SINGH (D) THR. LRS.versusGURBACHAN KAUR (D) BY LRS. & ORS.

2017 INSC 405Appeal(s) allowed

The Supreme Court examined a second appeal in which the original appellant and two respondents had died during its pendency. No application under Order XXII Rules 3(2) and 4(3) of the Code of Civil Procedure, 1908 was filed to substitute their legal representatives within the prescribed 90‑day …

SRI SRINIVASAIAHversusH. R. CHANNABASAPPA (SINCE DEAD) BY HIS LRS. AND ORS.

2017 INSC 396Disposed off

The original plaintiff, M.N. Channavasavaiah, borrowed Rs.1,500 from B.M. Narayan Shetty and executed a deed of conditional sale on 28 July 1969, delivering possession of the land to the lender for five years with a condition that repayment would void the sale and reconvey the property. The lender …

J. BALAJI SINGHversusDIWAKAR COLE & ORS.

2017 INSC 386Appeal(s) allowed

Balaji Singh filed a suit for declaration of title and permanent injunction which was dismissed by the trial court. On appeal, the first appellate court allowed him to file additional evidence under Order 41 Rule 27, set aside the trial court decree and remanded the case to the trial court for a …

MUNICIPAL BOARD, SUMERPURversusKUNDANMAL & ORS.

2017 INSC 376Case Partly allowed

The Municipal Board of Sumerpur filed a writ petition challenging a Collector's order. The High Court Single Judge dismissed the petition in limine without issuing notice, stating no ground for interference, and the Division Bench similarly dismissed the appeal in limine without addressing the …

HILL VIEW COLONY & ORS.versusSTATE OF NAGALAND & ORS.

2017 INSC 378Case Partly allowed

The Industrial Village Razhuphe filed a writ petition in the Gauhati High Court seeking cancellation of census records collected by the Dimapur Municipal Council and directions that the State of Nagaland not accept those records. The Single Judge ordered the cancellation and directed the Census …

MADANURI SRI RAMA CHANDRA MURTHYversusSYED JALAL

2017 INSC 366Appeal(s) allowed

Madanuri Sri Rama Chandra Murthy filed a suit seeking cancellation of a sale deed, alleging that the land was Wakf property. The defendants moved an application under Order VII Rule 11 of the CPC for rejection of the plaint, which the Wakf Tribunal allowed, finding the suit meritless and barred. The …

VELAYUDHAN & ORS.versusMOHAMMEDKUTTY & ORS.

2017 INSC 359Case Partly allowed

The respondents filed a civil suit seeking a permanent injunction and, by implication, a declaration of title over certain land. The trial court decreed in their favour, but the first appellate court dismissed the suit. On second appeal, the High Court held the suit was only for a perpetual …

AYAN CHATTERJEEversusFUTURE TECHNOLOGY FOUNDATION INC. & ORS.

2017 INSC 358Disposed off

The plaintiff filed a civil suit seeking declaration of tenancy and a permanent injunction, and during the suit applied for a temporary injunction under Order 39 of the CPC. The trial court granted the injunction, directing a status‑quo and finding the plaintiff prima facie in possession. On appeal, …

DAGADABAI (DEAD) BY L.RS.versusABBAS @ GULAB RUSTUM PINJARI

2017 INSC 360Appeal(s) allowed

Dagadabai, the heir of the deceased Muslim landowner Rustum, filed a suit for possession of agricultural land against Abbas who claimed to be Rustum's adopted son and also pleaded adverse possession. The trial court and the first appellate court held that adoption is not recognized under Mohammedan …

THE COMMISSIONER OF INCOME TAX, AHMEDABADversusEQUINQX SOLUTION PVT LTD.

2017 INSC 357Dismissed

Equinox Solution Pvt Ltd sold its entire running business, including assets and liabilities, in a single transaction on 31‑December‑1990 and claimed a deduction under Section 48(2) of the Income‑Tax Act, treating the sale as a slump sale of a long‑term capital asset. The Assessing Officer held that …

M/S UNICHEM LABORATORIES LTD.versusRANI DEVI & ANR.

2017 INSC 361Appeal(s) allowed

Mis Unichem Laboratories Ltd., a company that provided housing to its industrial workers under the Uttar Pradesh Industrial Housing Act, 1955, sought eviction of Rani Devi and others who continued to occupy a quarter after the original allottee, Dharam Dev Yadav, retired and later died. The company …

M/S. BERGER PAINTS INDIA LTD.versusC. I. T. DELHI-V

2017 INSC 279Dismissed

Berger Paints India Ltd. claimed a deduction under section 35D of the Income Tax Act for preliminary expenses, treating the premium received on its issued share capital as part of the "capital employed in the business of the company". The Assessing Officer disallowed the claim, the Commissioner of …

KARUNANIDHIversusSEETHARAMA NAIDU & ORS.

2017 INSC 272Appeal(s) allowed

The appeal arose from a suit filed in 1988 by the great‑grandson and great‑granddaughter of Perumal Naidu (plaintiffs) seeking declaration and possession of properties that had been bequeathed by their great‑grandmother Alamelu Ammal to her sister Ramanujatha Ammal (defendant). The plaintiffs …

MANJU DEVIversusONKARJIT SINGH AHLUWALIA @ OMKARJEET SINGH & OTHERS

2017 INSC 1276Appeal(s) allowed

Manju Devi, a Scheduled Caste woman, complained that the respondents assaulted her, outraged her modesty and insulted her caste, invoking Sections 323, 354, 452 of the IPC and Section 3(1)(xi) of the SC/ST Act. The High Court granted anticipatory bail to the respondents under Section 438 of the …

DINSHAW RUSI MEHTA & ANR.versusTHE STATE OF MAHARASHTRA & ORS.

2017 INSC 257Disposed off

The Parsi Lying‑in‑Hospital (PLIH) charitable trust, after transferring its hospital to the Bombay Parsi Punchayet (BPP), entered into a lease with Krimson Health Ventures Private Limited (KHPL) to rebuild the hospital as a super‑specialty facility. The Charity Commissioner approved the scheme under …

K. SLTARAM & ANR.versusCFL CAPITAL FINANCIAL SERVICE LTD. & ANR.

2017 INSC 244Appeal(s) allowed

The respondent company borrowed Rs 900 lakhs from a consortium led by State Bank of Travancore (SBT). SBT assigned the debt to Kotak Mahindra Bank on 29‑03‑2006 but failed to inform the borrower. Unaware of this, the borrower later assigned a separate debt to Kotak and discovered the earlier …

SUMAN SINGHversusSANJAY SINGH

2017 INSC 215

The husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging multiple instances of cruelty by his wife. The alleged incidents were largely isolated, occurred many years before the petition, and were condoned by the parties as they continued to live together …

FARIDABAD COMPLEX ADMINISTRATIONversusM/S IRON MASTER INDIA (P) LTD.

2017 INSC 204Appeal(s) allowed

The municipal corporation (Faridabad Complex Administration) appealed to the Supreme Court against the High Court of Punjab and Haryana's dismissal of its second appeal filed under Section 100 of the Code of Civil Procedure. The corporation sought to overturn a decree that had upheld a suit filed by …

MOHAN KUMARversusSTATE OF MADHYA PRADESH & ORS.

2017 INSC 205

Mohan Kumar purchased land in 1941 and later the State and municipal authorities constructed temples, latrines and other structures on it. The Collector ordered removal of the encroachments and suggested allotting alternate land, but the valuation of the appellant’s land (Rs 150 per sq m) was lower …

MRS. A. KANTHAMANIversusMRS. NASREEN AHMED

2017 INSC 202Dismissed

The appellant, owner of a Chennai property, entered into a sale agreement with the respondent on 5 March 1989, received more than 50% of the purchase price and promised to execute the sale deed by 31 December 1989. The appellant later refused to execute the deed, prompting the respondent to file a …

SK. BHIKAN S/O SK NOOR MOHD.versusMEHAMOODABEE W/O SK. AFZAL & ORS.

2017 INSC 157Appeal(s) allowed

The dispute involved a brother (appellant) and his sister (plaintiff) over ownership of a family property in Aurangabad. The sister claimed inheritance under Mohammedan law, while the brother asserted that the property was self‑acquired through a registered sale deed and adverse possession. The …

UNITED FINANCE CORPORATIONversusM.S.M. HANEEFA

2017 INSC 45Appeal(s) allowed

United Finance Corporation, the decree‑holder, purchased a property at a court auction and sought delivery of possession under Order XXI Rule 95 of the CPC. The judgment‑debtor filed applications to set aside the sale and obtained a stay of execution, which was later dismissed on 9 July 2003. The …

LALITESHWAR PRASAD SINGH & ORS.versusS. P. SRIVASTAVA (D) THR. LRS.

2016 INSC 1147Remitted to Lower Court

The plaintiff Shailendra Prasad Srivastava filed a suit for declaration of title over certain lands against Baidya Nath Prasad Verma, which the trial court dismissed. The High Court, acting as the first appellate court, reversed the trial court's decision and decreed in favour of the plaintiff, but …

KUNDAN LAL & ANR.versusKAMRUDDIN & ANR.

2016 INSC 1087Dismissed

The plaintiff, Kamruddin, sued for possession of a 120‑sq‑yd property (Khasra No. 270) alleging he was a tenant of the Punjab Wakf Board since April 1990. He claimed the defendants illegally occupied the land while he was away during communal riots. The defendants argued they had taken possession …

RAMVILAS (DEAD) THR. LRS. & ANR.versusKARIM KHAN & ANR.

2016 INSC 1085Dismissed

The respondent-plaintiff obtained a loan from the appellants and executed a deed titled a Sale Deed on 14‑06‑1972, which was later alleged to be a mortgage by conditional sale. The parties also signed an agreement that the sale would be cancelled and the land returned if the loan (Rs.5,000) was …

RAMESH VERMA (D) TR. LRS.versusLAJESH SAXENA (D) BY LRS & ANR.

2016 INSC 1053Dismissed

The case arose from a partition suit filed by the deceased Lajesh Saxena seeking a share in the joint Hindu family property. The trial court allotted shares, which the High Court altered by increasing the daughter’s share to one‑eighth and rejecting the validity of three wills under Section 68 of …

VIRENDER KHULLARversusAMERICAN CONSOLIDATION SERVICES LTD. & ORS.

2016 INSC 600Dismissed

The appellants shipped men's apparel consignments to American Consolidation Services Ltd. (ACS), which acted as an agent of the buyer, Zip Code Inc., a subsidiary of Coronet Group Inc. The goods were delivered to Zip Code Inc. without payment being made to the bank, leading the appellants to claim …

MEDICAL COUNCIL OF INDIAversusCHRISTIAN MEDICAL COLLEGE VELLORE & ORS.

2016 INSC 302Disposed off

The Supreme Court entertained review petitions filed against its own 18 July 2013 judgment in the Christian Medical College case. The petitioners argued that the earlier decision ignored binding precedents and was pronounced without intra‑bench discussion. The Court, invoking the principle from …

BABITA BADASARIA & ORSversusPATNA MUNICIPAL CORPORATION & ORS.

2016 INSC 258Directions issued

The Supreme Court upheld its earlier order directing demolition of the unauthorized floors of a multi‑storeyed building constructed by Saket Housing Ltd. in Patna, noting massive deviations from the sanctioned plan, including excess floors and FAR. The petitioners, owners of flats in the building, …

INDIAN MACHINERY COMPANYversusM/S. ANSAL HOUSING & CONSTRUCTION LTD.

2016 INSC 94

The appellant Indian Machinery Co. filed a second complaint before the District Forum under the Consumer Protection Act, 1986 after its first complaint was dismissed for default. The National Consumer Disputes Redressal Commission held the second complaint non‑maintainable, invoking a rule analogous …

MEDICAL COUNCIL OF INDIAversusJSS MEDICAL COLLEGE & ANR.

2016 INSC 43Disposed off

The Supreme Court heard an appeal by the Medical Council of India against JSS Medical College for flouting its earlier 2012 order. The college had allowed students to continue their MBBS studies despite being directed to halt admissions. The Court allowed the current batch, who had completed four …

KHUMBARAMversusSTATE OF RAJASTHAN & ORS.

2015 INSC 1032Appeal(s) allowed

The appellant, Khumbha Ram, sought to challenge the acquittal of his daughter’s husband and others for the death of his daughter Kamla, which occurred within seven years of marriage and was alleged to involve dowry harassment. The trial court acquitted the accused, finding insufficient evidence of …

SMT. SHAKUNTALA BAI & ORS.versusMR. MAHAVEER PRASAD

2015 INSC 469Dismissed

The deceased Kanhaiya Lal executed three wills, the last dated 15 November 1978, bequeathing his property to his adopted son Mahaveer Prasad. The non‑adopted family members challenged the 1978 will as a forgery and claimed the earlier registered will of 23 December 1974 was the last valid testament. …

JAGTAR SINGHversusSTATE OF HARYANA

2015 INSC 439Dismissed

The appellant Jagtar Singh and his brother were involved in a land dispute with Harbans Singh (PW‑3). On 20 September 1996, after a revenue officer ruled in favour of PW‑3, the appellant assaulted PW‑3’s uncle Surinder Singh, striking him on the head, causing unconsciousness and later death due to …

TANVI SARWALversusCENTRAL BOARD OF SECONDARY EDUCATION AND . ORS.

2015 INSC 1000Case Allowed

The Supreme Court examined petitions under Article 32 challenging the All India Pre‑Medical and Pre‑Dental Entrance Test 2015, alleging that a criminal syndicate used electronic gadgets to transmit answer keys to candidates during the exam. Investigation reports identified a network involving over …

MOFIL KHAN & ANR.versusSTATE OF JHARKHAND

2014 INSC 1016Dismissed

Mofil Khan and two co‑accused brutally murdered eight members of their own family, including women, children and a physically disabled boy, to obtain property. The trial court sentenced them to death, a decision affirmed by the Jharkhand High Court. On appeal, the Supreme Court examined whether the …

STATE OF PUNJAB & ORS.versusRAFIQ MASIH (WHITE WASHER)

2014 INSC 479

The State of Punjab filed a Special Leave Petition challenging a High Court order that barred recovery of excess pensionary payments made to the respondent, a white washer, on the ground that the employee had not committed fraud. The Supreme Court examined the apparent conflict between earlier …