Created by Fuzzy Cloud

R V RAVEENDRAN

352 judgments · newest first · showing 201–352

BHARAT SANCHAR NIGAM LTD.versusTELEPHONE CABLES LTD.

2010 INSC 53Appeal(s) allowed

Bharat Sanchar Nigam Ltd (BSNL) invited a tender for cable supply and awarded the highest vendor rating (V‑1) to NICCO, while Telephone Cables Ltd (the respondent) received a lower rating and a small order. The respondent alleged arbitrariness in the rating, obtained a writ order directing BSNL to …

STATE OF KERALA & ANR.versusB. SIX HOLIDAY RESORTS (P) LTD. & ETC.

2010 INSC 39Disposed off

The applicants, owners of a resort hotel, applied in 2000‑2001 for an FL‑3 licence under the Kerala Foreign Liquor Rules, which were repeatedly rejected. The Kerala High Court directed that the applications be decided according to the rules as they stood on the date of filing, holding the …

JOSEPH KANTHARAJ & ANR.versusATIHARUNNISA BEGUM S.

2010 INSC 30Appeal(s) allowed

The respondent, claiming ownership of a suit‑premises, filed eviction petitions under the Karnataka Rent Control Act, 1961 and the Karnataka Rent Act, 1999. The first appellant contended that he was no longer a tenant after entering into an agreement of sale with the previous owner, Anthony Swamy, …

STATE OF HARYANA & ORS.versusHEM LATA GUPTA & ORS.

2010 INSC 5Appeal(s) allowed

The respondents, teachers employed by the Government of Haryana, claimed advance increments under a 1960 Punjab Government memo that granted such increments to Masters on acquiring postgraduate qualifications. The Haryana Director rejected the claim, stating that the 1968 Haryana letter revising pay …

VIJAY KUMAR SHARMA @ MANJUversusRAGHUNANDAN SHARMA @ BABURAM & ORS.

2010 INSC 8Appeal(s) allowed

The appellant and his brother were involved in two civil suits concerning a will. The trial court dismissed the suits under Order 7 Rule 11, directing the parties to arbitrate based on a declaration by their deceased father that any future disputes should be referred to a named arbitrator. The …

SHEETALA PRASAD AND ORS.versusSRI KANT AND ANR.

2009 INSC 1319Appeal(s) allowed

The appellants were acquitted of an offence under Section 308 IPC by the Sessions Court, which instead convicted them under Section 324 r/w 149 IPC and released them on probation. The private complainant filed a criminal revision under Section 401(3) CrPC, and the High Court set aside the acquittal, …

JAI PRAKASHversusNATIONAL INSURANCE CO. LTD. & ORS.

2009 INSC 1315Hearing Adjourned

The Supreme Court, hearing Special Leave Petitions filed by Jai Prakash against National Insurance Co. Ltd. and others, examined systemic problems in motor accident compensation, including victims of hit‑and‑run, uninsured vehicles and gratuitous passengers, the use of goods vehicles for passenger …

UNION OF INDIA & ORS.versusM. K. SARKAR

2009 INSC 1288Appeal(s) allowed

M.K. Sarkar, a railway employee who retired in 1976, did not exercise the option to shift from the Contributory Provident Fund (CPF) to the pension scheme before the statutory deadline of 31 December 1978. After receiving his CPF lump‑sum, he filed a representation in 1998 seeking to switch to the …

STATE OF RAJASTHAN & ORS.versusM/S. DEV GANGA ENTERPRISES

2009 INSC 1289Appeal(s) allowed

The State of Rajasthan entered into an Excess Royalty Collection Contract with the respondents, requiring an annual fixed payment in instalments. The respondents delayed some instalments, prompting the State to demand interest at 12% per annum. The respondents contended that Rule 61 of the Rajasthan …

KAMAL NAYAN MISHRAversusSTATE OF M.P. & ORS.

2009 INSC 1287Appeal(s) allowed

The appellant, a confirmed peon appointed in 1980, was dismissed in 2002 for allegedly providing false information in a 1994 attestation form concerning arrests and pending cases. The High Court upheld the dismissal, relying on the decision in Kendriya Vidyalaya Sangathan v. Ram Ratan Yadav, which …

BHAGWATI PRASADversusSTATE OF M.P.

2009 INSC 1276Dismissed

The incident occurred on 18 February 1984 when the appellant Bhagwati Prasad and other accused, armed with a spear and lathis, obstructed the complainants from opening an irrigation canal. When the deceased Ramgopal intervened, the appellant allegedly struck him on the back with a spear, causing …

RAJENDRA AGRICULTURAL UNIVERSITYversusASHOK KUMAR PRASAD AND ORS.

2009 INSC 1263Appeal(s) allowed

The Rajendra Agricultural University framed a statute for a time‑bound promotion scheme for its teachers, which the Chancellor assented to under Section 36(2) of the Bihar Agricultural Universities Act, 1987, but the statute was never published in the Official Gazette. The Chancellor later withdrew …

RAJENDRAN CHINGARAVELUversusMR. R.K. MISHRA, ADDL. COMMISSIONER OF IT & ORS.

2009 INSC 1257Disposed off

The appellant, a computer engineer, travelled from Hyderabad to Chennai carrying Rs 65 lakhs in cash, disclosing the amount and a bank certificate to airport security. Although cleared at Hyderabad, he was intercepted at Chennai, detained for about 15 hours, and his cash was seized under the Income …

UNION OF INDIA & ORS.versusHAR DAYAL

2009 INSC 1258Disposed off

Har Dayal, Karta of a Hindu Undivided Family of displaced persons from Pakistan, filed a claim in 1950 for agricultural land as compensation under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. After partial allotment, the remaining land was not available and in 1989 he was …

RUPA RANI RAKSHIT AND ORS.versusJHARKHAND GRAMIN BANK AND ORS.

2009 INSC 1259Dismissed

The appellants, employees of Jharkhand Gramin Bank, were promoted to Field Supervisors on 20 November 1990 under the Regional Rural Banks (Appointment and Promotions of Officers and Other Employees) Rules, 1988. The bank used a merit‑cum‑seniority system, assigning marks for seniority, education, …

SATYAPAL SINGHversusUNION OF INDIA & ANR.

2009 INSC 1253Dismissed

The petitioner, a Government Ordnance Factory employee, was transferred and ordered to vacate his residential quarters. He appealed the eviction order; the District Court admitted the appeal and granted an interim stay, which remained in force for nearly nine years until the appeal was dismissed in …

M/S. S.B. MINERALSversusM/S. MSPL LIMITED

2009 INSC 1255Dismissed

The respondent (M/S MSPL Ltd.) filed a suit for declaration and injunction against the petitioner (S.S. Minerals), which was decreed. The petitioner appealed and the first appellate court set aside the decree, dismissing the suit. The respondent then filed a second appeal under Section 100 of the …

RAJENDRA KUMAR SRIVASTAVA & ORS.versusSAMYUT KSHETRIYA GRAMIN BANK & ORS

2009 INSC 1239Dismissed

The appellants, senior officers of Samyukt Kshetriya Gramin Bank, challenged their non‑selection for promotion to Scale II (Area Manager/Senior Manager) on the ground that the bank’s promotion process, which required a minimum qualifying score of 78% based on performance appraisal and interview, …

MANOHAR SINGHversusD.S. SHARMA & ORS.

2009 INSC 1234Appeal(s) allowed

Manohar Singh filed a suit for damages against his former employer NTPC and its General Manager. During the trial he repeatedly sought adjournments, prompting the trial court to levy costs under Section 358 of the Code of Civil Procedure (CPC) for causing delay. The plaintiff failed to pay the costs …

URBAN IMPROVEMENT TRUST, BIKANERversusMOHAN LAL

2009 INSC 1209Dismissed

The Bikaner Urban Improvement Trust (UIT) allotted plot A‑303 to Mohan Lal in 1991, but in 1998 laid a road through the plot without notice or acquisition proceedings. After the Trust ignored his complaints, Lal filed a consumer complaint in 2005 seeking restoration of the plot or an alternative …

VIJAY DHANJI CHAUDHARYversusSUHAS JAYANT NATAWADKAR

2009 INSC 1208Hearing Adjourned

The Supreme Court examined an application for restoration of a Special Leave Petition that had been dismissed for non‑prosecution. The petition was drafted by Advocate Vikas Mahajan and filed by Advocate‑on‑Record D.B. Vohra, who merely lent his name and did not take any responsibility for the case, …

SUBH RAM & ORS.versusHARYANA STATE & ANR.

2009 INSC 1189Case Partly allowed

The State acquired 38.48 acres of land in Jharsa, Gurgaon, Haryana for a jail under the Land Acquisition Act, 1894. The Land Acquisition Collector initially awarded compensation based on land categories, which the Reference Court enhanced uniformly to Rs 36.20 per square yard. The appellants …

DELHI DEVELOPMENT AUTHORITYversusJITENDER PAL BHARDWAJ

2009 INSC 1180Dismissed

The Delhi Development Authority (DOA) allotted a 60 sq.m plot to Jitender Pal Bhardwaj under the Rohini Scheme in 2005. After the allotment, Bhardwaj disclosed that he owned a flat of 62.22 sq.m in Mayur Vihar, which DOA deemed a violation of clause 1(ii) of the scheme’s eligibility conditions and …

REGISTRAR, CO-OPERATIVE SOCIETIES HARYANAversusISRAIL KHAN & ORS.

2009 INSC 1176Appeal(s) allowed

The Supreme Court examined a dispute where employees of a primary co‑operative credit society in Haryana were paid salaries on a regular pay‑scale basis, contrary to the Primary Co‑operative Credit & Service Society Staff Service Rules, 1992 which mandated a consolidated salary. The society’s …

STATE OF MADHYA PRADESH & ORS.versusYOGENDRA SHRIVASTAVA

2009 INSC 1172

The case concerned the quantum of Non‑Practicing Allowance (NPA) payable to Medical Officers of the Madhya Pradesh Employees' State Insurance Service. While the 1981 Recruitment Rules stipulated NPA at 25% of basic pay, the officers' appointment letters fixed a lump‑sum amount approximating 25% of …

D. VENKATASUBRAMANIAM AND ORS.versusM.K. MOHAN KRISHNAMACHARI AND ANR.

2009 INSC 1132

The case arose from a dispute over a Memorandum of Understanding for the sale of land, after which the respondent lodged an FIR against the appellants for offences under sections 406 and 420 IPC. The police began investigating, but the respondent filed a petition under Section 482 of the CrPC …

STATE OF GOA & ANR.versusGOPAL BABURAO GAUDO & ORS.

2009 INSC 1134Dismissed

The State of Goa sought compensation for a 2,715 sq. m. strip of land acquired for the Panda By‑pass road, arguing that because the land lay within the 40‑metre prohibited‑construction zone alongside a highway it had no development potential and therefore should be valued as valueless. The Supreme …

BIHAR SCHOOL EXAMINATION BOARDversusSURESH PRASAD SINHA

2009 INSC 1108Appeal(s) allowed

The father of a student who lost a year of schooling because his son's examination result was not published filed a complaint before the District Consumer Forum alleging deficiency in service by the Bihar School Examination Board and sought compensation. The Forum, State Commission and National …

MD. IBRAHIM & ORS.versusSTATE OF BIHAR & ANR.

2009 INSC 1110Case Partly allowed

The complainant MD Ibrahim alleged that his land was sold by the first accused to the second accused and that the witness, scribe and stamp vendor colluded to forge the sale deeds, also assaulting him when confronted. The trial court framed charges under IPC sections 420, 467, 471, 504, 323 and 341 …

INDIAN OIL CORPORATION LTD. & ORS.versusM/S. RAJA TRANSPORT (P) LTD.

2009 INSC 1069Appeal(s) allowed

The dispute arose from a dealership agreement between Indian Oil Corporation Ltd. (the appellant) and M/s. Raja Transport (P) Ltd. (the respondent) which contained an arbitration clause mandating that any dispute be referred to the Director, Marketing of the corporation or a person nominated by him. …

M.N. OJHA & ORS.versusALOK KUMAR SRIVASTAV & ANR.

2009 INSC 1063Appeal(s) allowed

The appellants, bank officials, filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash a criminal complaint filed by a guarantor alleging offences under the IPC. The Sub‑Divisional Judicial Magistrate had taken cognizance of the complaint and issued non‑bailable …

FOOD CORPORATION OF INDIAversusSTATE OF PUNJAB

2009 INSC 1064Case Partly allowed

The Food Corporation of India (FCI) claimed deductions for sales of tax‑free goods and sales to registered dealers under the Punjab General Sales Tax Act, 1948. The Assessing Authority rejected the claim, and the Sales Tax Tribunal upheld the rejection. FCI sought a reference of two questions of law …

SHUB KARAN BUBNA @ SHUB KARAN PRASADversusSITA SARAN BUBNA & ORS.

2009 INSC 1062Dismissed

The petitioners sought a final decree for partition of property after a preliminary decree had been passed in 1964. The respondents argued that the application for a final decree was barred by the three‑year limitation period under Article 137 of the Limitation Act, 1963. The Supreme Court held that …

LAL CHANDversusUNION OF INDIA & ANOTHER

2009 INSC 1044Disposed off

The case concerned the determination of market value for lands in Rithala village, Delhi, acquired under four notifications of the Land Acquisition Act, 1894. The Delhi High Court had based compensation on Delhi Development Authority (DDA) allotment rates and limited sale deed evidence, awarding …

S. PALANI VELAYUTHAM & ORS.versusDISTRICT COLLECTOR, TIRUNVELVELI, TAMIL NADU & ORS.

2009 INSC 1028Case Partly allowed

The Supreme Court examined an acquisition under the Land Acquisition Act, 1894 where only the life‑interest holders (recorded in revenue records) were served notice, while the vested remaindermen (not recorded) were not. The petitioners argued that the remaindermen were entitled to notice and …

FIZA DEVELOPERS & INTER-TRADE P. LTD.versusAMCI (I) PVT. LTD. & ANR.

2009 INSC 946Dismissed

Fiza Developers & Inter‑Trade Ltd. challenged an arbitral award of Rs 57.6 crore by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, seeking its setting aside. The respondent filed a written statement and the appellant moved the City Civil Court to frame issues …

SUBODH KUMAR YADAVversusSTATE OF BIHAR & ANR.

2009 INSC 910Dismissed

The appellant, Subodh Kumar Yadav, was charged under Section 498A IPC and other offences. He surrendered before a Judicial Magistrate First Class and was granted bail on the same day, without the complainant’s counsel being heard and after the magistrate called for the case record from the Sessions …

RAJ KUMARversusSTATE OF MAHARASHTRA

2009 INSC 909Dismissed

The husband, Raj Kumar, assaulted his wife with a stone‑rolling pad after she refused to withdraw maintenance proceedings under Section 125 CrPC. The victim died from head injuries; her dying declarations implicated the husband. The trial courts convicted him under Sections 302 and 498A IPC. On …

SAYEED AHMED & CO.versusSTATE OF UP & ORS.

2009 INSC 896Case Partly allowed

The appellant, a contractor, completed a construction project for the State of Uttar Pradesh in 1996, after which disputes over payment led to arbitration in 1997. The arbitrator awarded the respondents to pay the contractor Rs.24,18,586 with interest at 18% per annum from April 1996, and also …

UNION OF INDIAversusDEVENDRA KUMAR PANT & ORS.

2009 INSC 895Appeal(s) allowed

Devendra Kumar Pant, a senior research assistant, was promoted to Chief Research Assistant on the condition that he obtain a B‑1 medical fitness certificate, which required colour perception. Pant, already cleared in the lower 82 category (which does not require colour perception), was denied …

M.K. ABRAHAM & CO.versusSTATE OF KERALA & ANR.

2009 INSC 881Appeal(s) allowed

The appellants, contractors on the NH‑49 project, entered into contracts executed through the Kerala Public Works Department but governed by a Ministry of Surface Transport policy that required arbitration. The contracts contained printed clauses (clause 24, 24(a) of the Notice Inviting Tenders and …

K.N. FARMS INDUSTRIES (PVT.) LTD.versusSTATE OF BIHAR & QRS.

2009 INSC 882Dismissed

K.N. Farms Industries (Pvt.) Ltd., a land‑holder, challenged the inclusion of 43.29 acres of tanks in its surplus land assessment under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as applied in Jharkhand. The appellant argued that tanks, being water …

NATIONAL SAMPLE SURVEY ORGANISATION & ANRversusCHAMPA PROPERTIES LTD. & ANR.

2009 INSC 883Appeal(s) allowed

The National Sample Survey Organisation (NSSO) was a tenant of Champa Properties Ltd. and vacated the premises in 1992, contesting a rent increase demanded by the landlord based on a Hiring Committee's recommendation. The landlord filed a writ petition seeking enforcement of the higher rent, relying …

RADHA MOHAN MALAKAR & ORS.versusUSHA RANJAN BHATTACHARJEE & ORS.

2009 INSC 884Appeal(s) allowed

The case concerned the inter‑se seniority between the 1990 direct recruits and the 1991 promotees in the Tripura Civil Service (Grade‑II). The State Government had issued a Government Order (25 May 2000) and a seniority list (9 June 2000) placing the 1990 direct recruits senior to the 1991 …

HIGH COURT OF JUDICATURE FOR RAJASTHANversusVEENA VERMA & ANR.

2009 INSC 888Appeal(s) allowed

The Rajasthan Higher Judicial Service (RHJS) advertised seven direct‑recruitment vacancies, stating that the number of posts could be increased. Veena Verma, an advocate, ranked eighth on the merit list and claimed that, based on a correct calculation of vacancies, there were actually ten posts …

RAJASTHAN JUDICIAL SERVICE OFFICERS ASSN.versusSTATE OF RAJASTHAN AND ANR.

2009 INSC 889Disposed off

The Rajasthan Judicial Service Officers Association challenged a 2003 notification that advertised 19 posts for direct recruitment to the Rajasthan Higher Judicial Service (RHJS), arguing that the cadre strength of RHJS is fixed at 150 and that, under the 25% quota for direct recruitment, no …

H. LATHAKUMARIversusVAMANAPURAM BLOCK PANCHAYAT ANP ORS.

2009 INSC 868Appeal(s) allowed

The appellant, H. Lathakumari, entered into a contract with Vamanapuram Block Panchayat on 15 March 1999 that incorporated clause 73 of the Madras Detailed Standard Specifications, mandating arbitration of disputes. When a dispute arose, the appellant invoked Section 11 of the Arbitration and …

K.K. AHUJAversusV.K. VORA AND ANR.

2009 INSC 859Dismissed

The appellant filed complaints under section 138 of the Negotiable Instruments Act against a company and its officers, including the Deputy General Manager (first respondent), for dishonoured cheques. The trial court issued summons to all accused, but the Deputy General Manager sought quashing of …

SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIRversusSTATE OF HARYANA & ANR.

2009 INSC 818Hearing Adjourned

Suraj Lamp & Industries Ltd. filed a Special Leave Petition challenging a High Court order that held Section 20 of the Right to Information Act, 2005 to be merely directory. The company alleged that its land purchase in Gurugram was effected through a sale agreement, General Power of Attorney and a …

GOVERNMENT OF AP. & ANR.versusN. RAMANAIAH

2009 INSC 816Appeal(s) allowed

The respondent, N. Ramanaiah, an Assistant Engineer, was found to have misappropriated bitumen worth over Rs. 40 lakh. A departmental enquiry proved the charge, after which the Government of Andhra Pradesh, with the concurrence of the State Public Service Commission, dismissed him under the Andhra …

JAI BHAGWAN OIL & FLOUR MILLSversusUNION OF INDIA & ORS.

2009 INSC 666Appeal(s) allowed

The appellant, JAI BHAGWAN OIL & FLOUR MILLS, operated an industrial unit in Assam crushing mustard seeds to produce mustard oil and oil cake. It claimed transport subsidy under the 1971 Transport Subsidy Scheme for exporting oil cake, arguing that oil cake is a "finished good" as defined by the …

M/S. DELTA ENGINEERSversusSTATE OF GOA & ORS.

2009 INSC 578Case Partly allowed

The Supreme Court examined whether a barge‑repair workshop operating on private land along the Zuari River used government riverine land and could be charged rent by the Panaji Port Authority. The Court held that the workshop did use riverine land, which falls within the definition of a "landing …

STATE OF RAJASTHAN & ANR.versusMIS. FERRO CONCRETE CONSTRUCTION PVT. LTD.

2009 INSC 580Appeal(s) allowed

The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and …

T.K. MOHAMMED ABUBUCKER (D) THR. LRS. & ORS.versusP.S.M. AHAMED ABDUL KHADER & ORS.

2009 INSC 589Appeal(s) allowed

The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants …

MD. ABDUL KADIR & ANR.versusDIRECTOR GENERAL OF POLICE, ASSAM & ORS.

2009 INSC 582Case Partly allowed

The appellants, ex‑servicemen appointed as ad‑hoc border staff under the Prevention of Infiltration of Foreigners (PIF) Additional Scheme of 1987, challenged a 1995 circular that required annual termination and re‑appointment. They claimed that, since the scheme had been continuously extended for …

L.N. ASWATHAMA & ANR.versusP. PRAKASH

2009 INSC 571Appeal(s) allowed

The plaintiffs, heirs of their father who had mortgaged a government‑purchased plot, discovered the property after clearing the loan and found the defendant in unauthorized possession. They sued for declaration of title, possession, permanent injunction and mesne profits. The trial court held that …

SMT. SARLA VERMA & ORS.versusDELHI TRANSPORT CORPORATION & ANR.

2009 INSC 506Case Partly allowed

The appellant, the widow of a scientist who died in a 1988 bus accident, sought higher compensation than awarded by the Motor Accident Claims Tribunal and enhanced by the Delhi High Court. The Supreme Court examined whether future prospects of the deceased could be factored into income, whether pay …

SARVA SHRAMIK SANGHversusINDIAN OIL CORPORATION LTD. & ORS.

2009 INSC 486Appeal(s) allowed

The Sarva Shramik Sangh, representing canteen workers employed by a contractor of Indian Oil Corporation (IOC), first filed a writ petition seeking abolition of the contract labour system under the Contract Labour (Regulation and Abolition) Act, 1970, which was dismissed for want of prosecution. It …

M. RATHINASWAMI & ORS.versusSTATE OF TAMIL NADU & ORS. ETC.

2009 INSC 464Disposed off

The case concerned an amendment to the Tamil Nadu Revenue Subordinate Service Rules that gave directly recruited Assistants preferential seniority over promotee Assistants for promotion to Deputy Tehsildar after five years of service. The petitioners, promotee Assistants, argued that the rule …

NAIR SERVICE SOCIETYversusDR. T. BEERMASTHAN & ORS.

2009 INSC 424Appeal(s) allowed

The Supreme Court examined the Kerala State & Subordinate Services Rules, 1958 (Rules 14‑17) to determine how reservation should be applied in appointments of Medical Officers (ISM). The Kerala High Court had read a proviso into Rule 14(a), treating the unit of appointment as the total number of …

NATIONAL AVIATION COMPANY OF INDIA LTD.versusS.M.K. KHAN

2009 INSC 400Appeal(s) allowed

The respondent, S.M.K. Khan, a security assistant with Indian Airlines, was reviewed under Regulation 12 of the Indian Airlines Employees Service Regulations upon reaching the age of 55. The competent authority found his performance unsatisfactory and issued a notice of compulsory retirement, later …

FOOD CORPORATION OF INDIAversusSUKH DEO PRASAD

2009 INSC 401Appeal(s) allowed

The Food Corporation of India (FCI) was ordered by a trial court to deposit rent payments for a godown it leased from borrowers into the bank’s loan account, an order that the bank sought as an interim direction. The bank later filed a contempt application under Order 39 Rule 2A of the CPC, alleging …

STATE OF ASSAMversusBARAK UPATYAKA D.U. KARMACHARI SANSTHA

2009 INSC 357Appeal(s) allowed

The State of Assam appealed against a Guwahati High Court order that directed the state to release grant‑in‑aid to the Cachar and Karimganj District Milk Producers' Co‑operative Union Ltd (CAMUL) so that the society could pay salaries to its employees. CAMUL, a cooperative registered under the Assam …

STATE OF H.P. & ANR.versusANJANA DEVI & ORS.

2009 INSC 358Appeal(s) allowed

The appeal concerned two ex‑servicemen who were appointed to general (non‑reserved) technical posts in the Himachal Pradesh State Public Works Department before reservation for ex‑servicemen in technical services came into force on 3 May 1983. They claimed the option to accept a later reserved …

U.T. CHANDIGARH ADMINISTRATION & ANR.versusAMARJEET SINGH & ORS.

2009 INSC 359Disposed off

The Supreme Court examined whether lessees who obtained leasehold rights to sites in Chandigarh through public auction could invoke the Consumer Protection Act, 1986, on the ground that payment of lease premium instalments and ground rent was conditional upon the administration providing basic …

M. J. JACOBversusA. NARAYANAN & ORS.

2009 INSC 339Appeal(s) allowed

The Kerala High Court set aside M.J. Jacob's election on the ground that a pamphlet published on his behalf contained a false statement that was held to be about the personal character of his rival, T.M. Jacob, constituting a corrupt practice under Section 123(4) of the Representation of the People …

DILIP KUMAR GARG AND ANOTHERversusSTATE OF U.P. AND OTHERS

2009 INSC 305Dismissed

The appeal concerned the validity of Rule 5(ii) of the Uttar Pradesh Public Works Department Group‑B Civil Engineering Service Rules, 2004, which allowed promotion of Junior Engineers—both degree and diploma holders—to Assistant Engineer after seven years of service without any additional …

UNION OF INDIAversusM/S. SINGH BUILDERS SYNDICATE

2009 INSC 270Dismissed

The Union of India (Northern Railways) entered into a construction contract with Mis. Singh Builders Syndicate which contained Clause 64 requiring two serving Gazetted Railway officers as arbitrators who would appoint an umpire. The builder invoked arbitration in 1999, but repeated transfers and …

NATIONAL INSURANCE COMPANY LTD.versusMEGHJI NARAN SORATIYA & ORS.

2009 INSC 271Appeal(s) allowed

The insurer, National Insurance Company Ltd., appealed against the Gujarat High Court's dismissal of its challenges to Motor Accident Claims Tribunal awards, contending that the Tribunal had granted permission to contest the claims under Section 170 of the Motor Vehicles Act, 1988 without recording …

U.P. PUBLIC SERVICE COMMISSIONversusSATYA NARAYAN SHEOHARE & ORS

2009 INSC 269Disposed off

The Uttar Pradesh Public Service Commission advertised for Civil Judge (Junior Division) posts in March 2000, and two candidates applied as general category candidates. Before the written examination began, the State Government amended the First Schedule of the U.P. Public Services (Reservation for …

STATE OF HARYANA & ORS.versusBALDEV SPINNERS PVT. LTD. & ORS.

2009 INSC 255Appeal(s) allowed

The State of Haryana sought to withdraw an eligibility certificate granted to Baldev Spinners Pvt. Ltd. under Rule 28A of the Haryana General Sales Tax Rules, 1975, on the ground that the applicant failed to produce a NOC/CLU certificate for agricultural land. The applicant had not disclosed that …

STATE OF WEST BENGAL & ORS.versusRATNAGIRI ENGINEERING PVT. LTD. & ORS.

2009 INSC 250Disposed off

The State of West Bengal appealed against a Calcutta High Court order that had resumed land held by an intermediary under the West Bengal Estates Acquisition Act, 1953. The appeals raised three questions: (1) whether the proviso to Section 6(3) of the 1953 Act remains effective after the West Bengal …

RASIKLALversusKLSORE

2009 INSC 226Disposed off

The appellant, Rasiklal, was charged with defamation under Sections 499 and 500 of the IPC, both bailable offences, and was granted bail by a Judicial Magistrate under Section 436 of the CrPC on 1 December 2006. The complainant filed a revision before the High Court, which cancelled the bail on the …

MUNISH BHASIN & ORS.versusSTATE (GOVT. OF N.C.T. OF DELHI) & ANR.

2009 INSC 227Disposed off

The wife of Munish Bhasin filed a complaint under IPC sections 498A, 406 and 34 alleging cruelty and misappropriation of dowry. The husband and his parents applied for anticipatory bail under CrPC section 438, which the Delhi High Court granted but conditioned on the husband paying Rs.12,500 per …

KALIAPERUMALversusRAJAGOPAL & ANR.

2009 INSC 228Dismissed

Kaliaperumal purchased immovable property from Rajagopal and others by a deed dated 26 June 1983, agreeing to pay Rs.43,000, of which Rs.40,000 was to be paid in the presence of the Sub‑Registrar at registration. The deed was registered on 26 October 1983, but the balance consideration was never …

ALL INDIA COUNCIL FOR TECHNICAL EDUCATIONversusSURINDER KUMAR DHAWAN & ORS .

2009 INSC 217Appeal(s) allowed

The All India Council for Technical Education (AICTE) challenged several Delhi High Court orders that permitted diploma holders with only 10+1 qualifications to enroll in a one‑year bridge course leading to a B.Tech degree. AICTE argued that allowing such bridge courses constituted a major policy …

SPECIAL LAND ACQUISITION OFFICER, U.K. PROJECT.versusMAHABOOB & ANR.

2009 INSC 135Dismissed

The Special Land Acquisition Officer (U.K. Project) appealed against a reference court award that increased compensation for 1 acre 13 guntas of land from Rs.4,000 to Rs.30,420 per acre. Both the first and second appeals were dismissed by the High Court, after which a Special Leave Petition (SLP) …

FARIDABAD GAS POWER PROJECT, NTPC LTD. ETC.versusOM PRAKASH & ORS. ETC.

2009 INSC 110Disposed off

The State of Haryana acquired 319.31 acres of agricultural land in five villages for the Faridabad Gas Power Project of NTPC. The Collector awarded compensation, which the landowners sought to enhance under Section 18 of the Land Acquisition Act, 1894, while NTPC sought a reduction. The High Court …

SURENDRA KUMAR BHATIAversusKANHAIYA LAL & ORS.

2009 INSC 88Case Partly allowed

The case arose from a dispute over land acquired for a housing scheme where owners and power‑of‑attorney holders allegedly colluded with a Special Officer of the Rajasthan Housing Board to obtain allotment pattas fraudulently. An FIR was lodged under sections 420, 467, 468 and 471 IPC. The …

SECRETARY, BHUBANESWAR DEVELOPMENT AUTHORITYversusSUSANTA KUMAR MISHRA

2009 INSC 87Appeal(s) allowed

The Bhubaneswar Development Authority (BDA) allotted a MIG house to Susanta Kumar Mishra under a lease‑cum‑sale agreement dated 6‑May‑1991, which required quarterly instalments to be paid from 1‑Sept‑1989 and stipulated interest of 15% per annum on any defaulted instalment. Mishra began paying …

M/S. ANSAL PROPERTIES & INDUSTRIES LTD.versusSTATE OF HARYANA & ANR.

2009 INSC 67Appeal(s) allowed

Ansal Properties & Industries Ltd., a colonizer, was directed by the Director, Town and Country Planning, Haryana to pay Rs.61,000 per gross acre as part of external development charges, allegedly for internal community buildings. The appellant contended that the demand was unauthorized because the …

ASHOK KUMAR MITTALversusRAM KUMAR GUPTA & ANR.

2009 INSC 12Dismissed

Ashok Kumar Mittal filed a suit for specific performance of an alleged sale agreement. The trial court dismissed the suit and the Delhi High Court affirmed the dismissal, holding that both parties had lied on oath and deserved prosecution for perjury. Instead of ordering prosecution, the High Court …

SYED BASHEER AHAMED & ORS.versusMOHD. JAMEEL & ANR.

2009 INSC 2Case Partly allowed

The dependants of a 20‑year‑old businessman who died in a road accident filed a claim under s.166 of the Motor Vehicles Act, 1988 seeking compensation based on a claimed monthly income of Rs.20,000. The Motor Accident Claims Tribunal accepted a monthly income of Rs.7,000, deducted 50% for personal …

STATE OF PUNJABversusASHOK SINGH GARCHA & ORS.

2008 INSC 1507Rejected

The State of Punjab filed Special Leave Petitions (C) Nos. 29728‑29731 of 2008 challenging a High Court order concerning a 1963 auction of surplus evacuee lands. The Supreme Court found that the petitions contained factual inconsistencies between the case narrative and the synopsis/list of dates …

ALOKA BOSEversusPARMATMA DEVI & ORS.

2008 INSC 1458Dismissed

The appellant Aloka Bose (representing the heirs of the deceased vendor) appealed against a decree of specific performance granted to the plaintiff Parmatma Devi for the sale of a portion of a house. The dispute centered on whether a written agreement of sale signed only by the vendor, without the …

M/S. KUMAR EXPORTSversusM/S. SHARMA CARPETS

2008 INSC 1437Appeal(s) allowed

The respondent alleged that it sold woolen carpets to the appellant and that the appellant issued two cheques which were later dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The appellant contended that the cheques were advances for a purchase that never …

B.P. MOIDEEN SEVAMANDIR & ANRversusA.M. KUTTY HASSAN

2008 INSC 1432Appeal(s) allowed

The appellants, B.P. Moideen Sevamandir & Anr, challenged the dismissal of their second appeal by the Kerala High Court after a Lok Adalat failed to secure a settlement. The High Court had refused an adjournment request and dismissed the appeal, citing the appellants' alleged cantankerous behaviour …

YOGI AGARWALversusM/S, INSPIRNFION CLOTHES & U AND ORS.

2008 INSC 1373Dismissed

The plaintiff filed a suit for recovery of Rs 9,48,143 relating to consignments and samples supplied. The defendants sought to refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, relying on three invoices issued by a proprietary concern of one defendant …

ANUSUYABEN SADASHIV JADAV AND ANR.versusUNION OF INDIA AND ORS.

2008 INSC 1367Disposed off

The petitioners, accused under the Prevention of Terrorism Act (POTA) and other offences, had their bail applications rejected by Special POTA Courts. The Supreme Court, upholding the constitutionality of sections 2(3) and 5 of the Prevention of Terrorism (Repeal) Act, 2004, deemed the POTA cases …

UNION OF INDIAversusPARMAL SINGH & ORS.

2008 INSC 1349Dismissed

The lands of Parmal Singh and others were requisitioned by the Central Government in 1963 under the Defence of India Act, 1962 and subsequently acquired in 1965. The Special Land Acquisition Officer fixed compensation, which the owners contested, leading to arbitration awards that included interest. …

ABHIMANYOO RAMversusSTATE OF U.P. & ANR.

2008 INSC 1331Appeal(s) allowed

The appellant, a medical officer candidate, obtained an interim order permitting him to appear for a recruitment interview after his registration was restored retrospectively. He later moved the High Court to dismiss his writ petition as not pressed, expecting only a simple dismissal. The High Court …

MUKUL SAIKIA & ORS.versusSTATE OF ASSAM & ORS.

2008 INSC 1314Dismissed

The Assam Public Service Commission advertised 27 Child Development Project Officer (CDPO) posts for direct recruitment and prepared a select list of 64 candidates, appointing the first 27. The appellants, whose names appeared below the appointed 27, challenged the regularisation of 18 privately …

NATIONAL SMALL INDUSTRIES CORPORATION LTD.versusSTATE (NCT OF DELHI) & ORS.

2008 INSC 1308Appeal(s) allowed

The National Small Industries Corporation Ltd. (NSIC), a government company, lodged a complaint under the Negotiable Instruments Act alleging that a cheque drawn in its favour was dishonoured. The complaint was filed by NSIC’s Development Officer, who is a public servant, and the Magistrate, relying …

PRINCIPAL KENDRIYA VIDYALAYA & ORS.versusSAURABH CHAUDHARY & ORS.

2008 INSC 1245Dismissed

The appellant Kendriya Vidyalaya denied admission to Saurabh Chaudhary for class XI because his Class X CBSE marks fell below the cut‑off prescribed in the school’s admission guidelines, and offered him a place in another Central School. The student challenged the denial, invoking the Supreme …

HARYANA URBAN DEVELOPMENT AUTHORITYversusRAJE RAM

2008 INSC 1217Appeal(s) allowed

The Haryana Urban Development Authority (HUDA) had originally allotted plots to allottees who later transferred their rights to new buyers (re‑allottees) after price revisions and delays in development. The re‑allottees filed complaints before consumer forums alleging delay in possession and seeking …

RAJINDER PAL SINGH LAMBAversusSURAJ BHAN & ORS.

2008 INSC 1130Disposed off

Two Lower Division Clerks, Rajinder Pal Singh Lamba and V.K. Garg, applied for promotion to Upper Division Clerk in 1986‑87 under Rule VI of Chapter 18‑A of the High Court Rules, which was framed under s.35(3) of the Punjab Courts Act, 1918. Their applications were rejected; the High Court later …

C. JACOBversusDIRECTOR OF GEOLOGY & MINING & ANR.

2008 INSC 1133Dismissed

C. Jacob, a former drill helper who joined service in 1967, was terminated in 1982 for unauthorized absence and private employment. After an 18‑year gap he filed representations in 2000 seeking reinstatement, which were rejected, leading him to file a writ petition for pension benefits. The High …

SAJI GEEVARGHESEversusACCOUNTS OFFICER (TELEPHONE REVENUE) & ORS.

2008 INSC 1106Appeal(s) allowed

The appellant, a telephone subscriber, challenged three telephone bills that he alleged were excessive due to meter reading errors. The dispute was referred to statutory arbitration under Section 78 of the Telegraph Act, 1885, where the arbitrator allowed a modest rebate on only one bill and upheld …

MANOJ & ANR.versusSTATE OF MADHYA PRADESH

2008 INSC 1090Disposed off

Manoj and Bijendra Singh, along with Ram Avatar, were convicted for voluntarily causing hurt with dangerous weapons under Section 324 IPC (originally under Section 307 IPC). The High Court altered the conviction to Section 324 IPC. The appellants sought to compound the offence with the complainant, …

DEOKAR EXPORTS PVT. LTD.versusNEW INDIA ASSURANCE COMPANY LTD.

2008 INSC 1071Dismissed

Deokar Exports imported a dehydration machine financed by Maharashtra State Finance Corporation (MSFC) and insured it against fire for the period 12‑Sep‑1986 to 12‑Mar‑1988. After the policy expired, MSFC sent a cheque for renewal which the insurer received on 26‑Aug‑1988; the insurer later issued a …

BACHHAJ NAHARversusNILIMA MANDAL & ANR.

2008 INSC 1072Appeal(s) allowed

The plaintiffs filed a suit for declaration of title, possession and injunction over a narrow strip of land, claiming it formed part of their property purchased in 1962. The trial court held the strip was part of the plaintiffs' land and ordered the defendant to pay a nominal sum for the encroached …

NATIONAL INSURANCE CO. LTD.versusM/S. BOGHARA POLYFAB PVT. LTD.

2008 INSC 1057Dismissed

The Supreme Court examined whether an insurance dispute could be referred to arbitration after the insured had executed an undated full‑and‑final discharge voucher. The insured claimed the voucher was signed under coercion and that the insurer had conditioned payment on its execution. The Court held …

KUNNASHADA MUTHUKOYAversusADMINISTRATOR U.T. OF LAKSHADWEEP AND ANR.

2008 INSC 996Dismissed

The appellant, a lineman in the Lakshadweep Electricity Department, claimed a higher pay scale after the Fourth Pay Commission because his post was classified as Group C. The Central Administrative Tribunal had granted his claim, but the High Court set it aside, relying on Union of India v. P.V. …

ELIZABETH JACOBversusDISTRICT COLLECTOR, IDUKKI & ORS.

2008 INSC 961Appeal(s) allowed

The appellant purchased 9.39 acres of land attached by the Revenue Department under the Kerala Revenue Recovery Act, 1968, at a public auction in 1998 and obtained a sale certificate. She applied for possession under section 58 of the Act, but the Collector failed to act, citing a pending …

UNION OF INDIA & ORS.versusTARSEM SINGH

2008 INSC 930Appeal(s) allowed

Tarsem Singh, invalidated from the Indian Army in 1983, sought disability pension. A single High Court judge in 2000 granted the pension and limited arrears to 38 months before the writ filing. Unsatisfied, Singh appealed, and the High Court Division Bench in 2006 ordered payment of arrears from …

STATE OF UTTARANCHAL & ORS.versusKHARAK SINGH

2008 INSC 933Dismissed

The case involved a temporary forest guard, Kharak Singh, who was charged with illegal felling of trees and dismissed after a departmental enquiry. The enquiry officer, who had inspected the forest himself, acted as investigator, prosecutor and judge, and recommended dismissal without allowing the …

V. SIVAMURTHYversusSTATE OF ANDHRA PRADESH. AND ORS.

2008 INSC 926Appeal(s) allowed

The Supreme Court examined Andhra Pradesh's scheme of compassionate appointments for dependents of government servants who retire on medical invalidation. The petitioners argued that the scheme was unconstitutional under Article 16 and that the five‑year "left‑over service" period should be counted …

STATE OF U.P.versusKISHANPAL & ORS

2008 INSC 919Case Partly allowed

The State of Uttar Pradesh appealed the acquittal of ten accused who were part of an armed unlawful assembly that shot and killed three persons and injured three others. The trial court had convicted all ten under Sections 148, 149, 302, 307 and sentenced them to life imprisonment, but the High …

KURELLA NAGA DRUVA VUDAYA BHASKARA RAOversusGALLA JANI KAMMA ALIAS NACHARAMMA

2008 INSC 902Dismissed

The plaintiff, who bought agricultural land in 1957, leased it to the defendant in 1971. After the defendant stopped paying rent in 1979, the plaintiff sued for possession and mesne profits, alleging the defendant was a trespasser. The defendant denied being a tenant and claimed ownership by adverse …

STATE OF PUNJABversusDR. P.L. SINGLA

2008 INSC 885Case Allowed

Dr. P.L. Singla, a doctor employed by the State of Punjab, was found guilty of unauthorized absence from 1 June 1992 to 17 October 1997 and was punished by withholding five increments with cumulative effect. The Governor later granted him extraordinary leave for the same period, which the lower …

GHUREY LALversusSTATE OF U.P.

2008 INSC 877Appeal(s) allowed

Ghurey Lal was tried for murder under IPC s.302 and related offences. The trial court acquitted him, finding that the prosecution's version of a single shot causing both a bullet wound to the deceased and pellet injuries to a witness was implausible, based on medical and ballistic expert testimony …

SANNAIA SUBBA RAO & ORS.versusSTATE OF A.P.

2008 INSC 861Case Partly allowed

The case involves the kidnapping of a 16‑year‑old girl in 1992. The girl was later found and gave a written report alleging kidnapping, but her trial testimony was later embellished with claims of sexual abuse and an attempt to sell her into prostitution. The trial court acquitted all three accused …

RAJBABU & ANR.versusSTATE OF M.P.

2008 INSC 862Case Allowed

The deceased Shanti Bai set herself on fire in 1988 and, in her dying declaration, exonerated all members of her matrimonial home. The trial court convicted her husband and mother‑in‑law under IPC sections 306 (abetment of suicide) and 498A (cruelty) based largely on the dying declaration and a …

PERYMON BHAGBATHYversusBHARGAVI AMMA (DEAD) BY LRS. AND ORS.

2008 INSC 807Appeal(s) allowed

The appellant, Perymon Bhagabathy (a devaswom), sought to set aside the abatement of a second appeal after the sole plaintiff, Bhargavi Amma, died during the pendency of the appeal. The High Court dismissed the appellant's applications to condone the delay, set aside the abatement, and bring the …

FAQIR CHAND GULATIversusUPPAL AGENCIES PVT. LTD. & ANR.

2008 INSC 803Appeal(s) allowed

The appellant, a landowner, entered into a "collaboration agreement" with the builder to construct a residential building and share the constructed area. The builder allegedly deviated from the sanctioned plan, failed to obtain a completion certificate and C&D forms, and did not rectify defects, …

M/S SHANKAR FINANCE AND INVESTMENTSversusSTATE OF ANDHRA PRADESH & ORS.

2008 INSC 763Case Allowed

The appellant, Mis Shankar Finance & Investments, a sole proprietary concern, filed a criminal complaint under section 138 of the Negotiable Instruments Act alleging a dishonoured cheque. The complaint was signed by the proprietor’s attorney‑in‑fact under a power of attorney, and the High Court held …

JALADI SUGUNA (DECEASED) THROUGH LRS.versusSATYA SAI CENTRAL TRUST & ORS.

2008 INSC 583Directions issued

In a civil suit, Jaladi Suguna obtained a decree declaring a gift deed void. The Trust appealed, but Suguna died during the pendency of the appeal. The High Court proceeded to hear the appeal and, after hearing rival claims to her estate, set aside the decree in favour of the Trust without first …

NIYAS AHMAD KHANversusMAHMOOD RAHMAT ULLAH KHAN & ANR.

2008 INSC 584Case Allowed

The tenant's rent was fixed at Rs.150 per month under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlords sought eviction on the ground of bonafide requirement, but the eviction petition was dismissed by the prescribed and appellate authorities. The …

HARYANA STATE MINOR IRRIGATION TUBEWELLS CORPORATION & ORS.versusG.S. UPPAL & ORS.

2008 INSC 498Dismissed

The Haryana State Minor Irrigation Tubewells Corporation, a government company, denied a pay‑scale revision to its Assistant Engineers, Sub‑Divisional Officers and Law Officers, arguing that the duties differed from those of government engineers and that the corporation faced financial loss. The …

KISAN SAHKARI CHINI MILLS LTD. AND ORS.versusVARDAN LINKERS AND ORS.

2008 INSC 493Appeal(s) allowed

The dispute concerned the alleged sale of 85,000 quintals of molasses from five state‑controlled sugar mills to Vardan Linkers at Rs.127 per quintal. The Assistant Cane Commissioner had issued an allotment letter permitting the lift, which was later stayed and cancelled by the Secretary (Sugar) …

ANATHULA SUDHAKARversusP. BUCHI REDDY (DEAD) BY LRS. & ORS.

2008 INSC 395Appeal(s) allowed

The plaintiffs filed a suit for a permanent injunction to restrain the defendant from interfering with their possession of two vacant plots, claiming ownership based on sale deeds from a vendor. The defendant contested the title, asserting purchase from the original owner and denying an alleged oral …

THIRUVENGADA PILLAIversusNAVANEETHAMMAL & ANR.

2008 INSC 217Dismissed

The plaintiff filed a suit for specific performance of a sale agreement dated 5 January 1980, which the defendant denied executing. The agreement was written on two stamp papers purchased in 1973 and 1978, and the plaintiff failed to produce expert fingerprint analysis to prove the thumb impression …

RAMAN LAL BHAI LALversusSTATE OF GUJARAT

2008 INSC 144Case Allowed

Five couples entered into an agreement to jointly purchase about 172 acres of agricultural land in Gujarat, solely to simplify negotiations and later divide the land among themselves, with no intention of joint cultivation. After purchase they partitioned the land and obtained separate mutation …

SUPERSTAR EDUCATION SOCIETYversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 57Disposed off

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

RANJU@ GAUTAM GHOSHversusREKHA GHOSH & ORS.

2007 INSC 1306Dismissed

The landlord filed a suit for eviction and mesne profits against the tenant under the West Bengal Premises Tenancy Act, 1956. The trial court held that the notice to quit was invalid and dismissed the suit. On appeal, the lower appellate court and the High Court found that a valid one‑month notice …

MODI TELE FIBRES LTD.versusU.P. STATE ELECTRICITY BOARD & ORS.

2007 INSC 1237Dismissed

Modi Tele Fibres Ltd. had a bulk electricity supply (service connection No. 1008) for its factory and the residential colonies of its employees under an agreement dated 30 September 1994, which barred termination before two years. After permanently closing the factory in September 1995, the company …

RAMAN TECH. & PROCESS ENGG. CO. & ANR.versusSOLANKI TRADERS

2007 INSC 1171Appeal(s) allowed

Raman Tech & Process Engineering Co. sued Solanki Traders for Rs.99,200 for supplied material and sought security and attachment before judgment under Order 38 Rule 5 of the CPC, alleging dishonoured cheques and that the defendants were moving machinery to evade a decree. The trial court dismissed …

NALLAPATI SIVAIAHversusSUB-DIVISIONAL OFFICER, GUNTUR, A.P.

2007 INSC 978Appeal(s) allowed

The appellant Nallapati Sivaiah was convicted of murder under s.302 IPC based solely on two dying declarations recorded by a police inspector and a magistrate after the victim sustained 63 injuries. The trial and High Courts upheld the conviction, but the Supreme Court examined the credibility of …

MALLESHAPPAversusSTATE OF KARNATAKA

2007 INSC 959Appeal(s) allowed

The appellant, Malleshippa, was convicted of murder, kidnapping and concealment of dead body under Sections 302, 364 and 201 IPC based on the testimony of the deceased's mother and wife and police officers. The body was highly decomposed, headless and handless, and its identification relied solely …

DES RAJversusSTA TE OF PUNJAB

2007 INSC 899Case Partly allowed

Des Raj, a retired police constable, got drunk and, after a quarrel between his wife and his neighbour's wife, opened fire with a licensed double‑barrel gun, killing three neighbours and injuring three others including a child. He was convicted under sections 302 and 307 of the IPC and sentenced to …

B.C. DEV A@ DYAVAversusSTATE OF KARNATAKA

2007 INSC 781Dismissed

The appellant, B.C. Deva, was convicted by the Sessions Court and the Karnataka High Court for forcible sexual assault under Section 376 of the Indian Penal Code, based primarily on the oral testimony of the prosecutrix and corroboration by her parents and independent witnesses. The appellant …

ARVIND KUMAR AND ANR.versusSTATE OF MADHYA PRADESH

2007 INSC 775Disposed off

Arvind Kumar married Sadhna and, along with his mother Prem Bai, repeatedly demanded additional dowry items. Sadhna, unable to meet these demands, was allegedly harassed and tortured, leading her to set herself on fire and die within 1.5 months of marriage. Both were convicted under IPC s.306 …

MAHARASHTRA UNIVERSITY OF HEALTH SCIENCESversusPARYANI MUKESH JAWAHARLAL & ORS.

2007 INSC 677Disposed off

The Maharashtra University of Health Sciences prescribed, through its 2002 Ordinance, that internal assessment marks (20% of total) are to be used only for eligibility and aggregate calculation, while theory (including orals) and practicals are to be passed on the basis of external examination marks …

RAJESH KUMAR SINGHversusHIGH COURT OF JUDICATURE OF MADHYA PRADESH, BENCH GWALIOR

2007 INSC 674Appeal(s) allowed

A Judicial Magistrate complained that a police officer had used unwarranted language in his courtroom and sent the complaint to the Inspector General of Police, who directed a departmental inquiry. The Sub‑Divisional Police Officer (the appellant) conducted the inquiry, recorded statements of …

STATE OF GUJARAT AND ANR.versusSHAILESHBHAI MANSUKHLAL SHAH AND ANR.

2007 INSC 672Case Allowed

The State of Gujarat prosecuted Shaileshbhai Mansukhlal Shah and another under Sections 7(i) and (v) of the Prevention of Food Adulteration Act, 1954. The accused, dissatisfied with the public analyst's report, invoked Section 13(2) to obtain a second analysis of the food sample by the Central Food …

SMT. SELVI & ORS.versusSTATE OF KARNATAKA

2007 INSC 520Disposed off

The Supreme Court considered whether the involuntary administration of narcoanalysis, polygraph, and Brain Electrical Activation Profile (BEAP) tests for investigative purposes violates fundamental rights. The Court held that compulsory administration of these techniques violates Article 20(3) of …

PABBATHI VENKATARAMAIAH CHETTYversusPABBATHI N. RATHNAMAIAH CHETTY AND ORS.

2007 INSC 108Disposed off

The case arose from a partition suit concerning a commercial building, where the appellant, who was occupying the premises and operating a lodge, appealed the final decree that divided the property. The appellant sought a stay of dispossession pending the appeal, while the High Court had only stayed …

RAVIKANT S. PATILversusSARVABHOUMA S. BAGALI

2006 INSC 843Appeal(s) allowed

The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that …

SWAMY PRAKASANANDA AND ANR.versusSTATE OF KERALA AND ORS.

2006 INSC 629Directions issued

The Supreme Court dealt with a dispute concerning the election of a Trust Board for a Kerala trust. An authority appointed by the Court was tasked with validating the admission and removal of members, finalising the voter list, drawing up an election calendar and supervising the election. After the …

PUSHPA DEVI BHAGAT (D) TH. LR. SMT. SADHNA RAIversusRAJINDER SINGH AND ORS.

2006 INSC 411Dismissed

The landlords filed a suit for possession of a Delhi flat against the tenant. After years of adjournments, the tenant’s counsel recorded on oath a statement that the tenant would vacate the premises by 22‑Jan‑2002 and pay rent until then; the landlord’s counsel accepted the terms. The trial court …

MIDNAPORE PEOPLES' CO-OP. BANK LTD. AND ORS.versusCHUNILAL NANDA AND ORS.

2006 INSC 367Disposed off

The employee Chunilal Nanda was suspended by Midnapore Peoples' Co‑op. Bank Ltd. and challenged the suspension through multiple writ petitions. The High Court, in contempt proceedings, ordered his reinstatement, payment of arrears and the revocation of his suspension, and also directed the removal …

M/S. GROUPE CHIMIQUE TUNISIEN SAversusSOUTHERN PETROCHEMICALS INDUSTRIES CORPN. LTD.

2006 INSC 362Case Allowed

The Tunisian company Groupe Chimique Tunisien supplied phosphoric acid to Southern Petrochemicals under purchase orders that incorporated the Fertilizer Association of India (FAI) terms, which contain an arbitration clause (clause 15). After non‑payment, the supplier sued in a Jordanian court, where …

JAYA BACHCHANversusUNION OF INDIA AND ORS.

2006 INSC 302Dismissed

Petitioner Jaya Bachchan, a Rajya Sabha member, was appointed Chairperson of the Uttar Pradesh Film Development Council with the rank of Cabinet Minister and a suite of benefits including honorarium, allowances, staff car, and accommodation. The Election Commission held that this post constituted an …