Created by Fuzzy Cloud

S B SINHA

1538 judgments · newest first · showing 1–200

MADAN KUMAR SINGH (D) THR. LRS.versusDISTT. MAGISTRATE, SULTANPUR & ORS.

2009 INSC 1026Disposed off

Madan Kumar Singh purchased a truck at a public auction to use for his self‑employment. Although he paid the full consideration, the District Magistrate, Sultanpur and other officials delayed handing over the vehicle for six months and, more seriously, withheld the vehicle's registration documents …

APPAJI GOWDAversusVOKKALIGARA SANGHA & ORS.

2009 INSC 1027Disposed off

A widow executed a will appointing her nephew as executor, who later created a trust (Vokkaligara Sangha) over the landed property. Disputes arose over ownership, leading to land‑reforms proceedings, a suit for declaration by the trust, and a settlement in which the trust limited its claim to a …

JYOTI HARSHAD MEHTA & ORS.versusTHE CUSTODIAN & ORS.

2009 INSC 1029Appeal(s) allowed

The Supreme Court examined an appeal by the family of the late Harshad Mehta challenging the Special Court's order to sell nine residential flats that had been attached under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The appellants argued that Section …

MEENABEN PANKAJKUMAR JOSHI & ORS.versusNEW INDIA ASSURANCE CO. LTD.

2009 INSC 1033Case Partly allowed

The widows of Raj Kumar Joshi, a director and proprietor of a clearing and forwarding business, claimed compensation under Section 168 of the Motor Vehicles Act, 1988 after his death in a motor accident. The Motor Accidents Claims Tribunal awarded Rs. 49.25 lakh with interest, which the High Court …

SARJU@ RAMUversusSTATE OF U.P.

2009 INSC 1034Appeal(s) allowed

The appellants were arrested after a police patrol, acting on an informer's tip, searched them and seized morphine. The search was conducted by the Station House Officer (SHO) without a gazetted officer present, using consent letters that were allegedly prepared after arrest and without proper …

SUDHIR SHANTILAL MEHTAversusC.B.I.

2009 INSC 1035Disposed off

The case concerned the discounting and rediscounting of two bills of exchange by UCO Bank, allegedly to provide funds to stock‑broker Harshad Mehta for securities transactions. The Supreme Court examined whether the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 …

R. VENKATAKRISHNANversusCENTRAL BUREAU OF INVESTIGATION

2009 INSC 1037Disposed off

The case concerned a massive "call money" scam in which Rs 40 crore of National Housing Bank funds were diverted to broker Harshad Mehta’s account through officials of UCO Bank and NHB. The appellants – senior officials of UCO Bank and NHB – were convicted by a Special Court under the Special Court …

BHAVESH JAYANTI LAKHANIversusSTATE OF MAHARASHTRA & ORS.

2009 INSC 1038Appeal(s) allowed

The appellant, an Indian citizen, married a US citizen and had a daughter. A US probate court granted temporary custody of the child to the mother, but the appellant allegedly forged documents and took the child to India, violating the custody order. The US court issued arrest warrants which were …

MALAY KUMAR GANGULYversusDR. SUKUMAR MUKHERJEE AND OTHERS

2009 INSC 1025Disposed off

The case concerned the death of Anuradha Saha, who was treated for Toxic Epidermal Necrolysis (TEN) by several doctors in Kolkata and Mumbai. The complainant alleged that the doctors prescribed excessive doses of the steroid Depomedrol and failed to provide essential supportive care, constituting …

MIR NAGVI ASKARIversusC. B. I.

2009 INSC 1030Disposed off

The Supreme Court examined the conduct of four bank officers (Accused 1, 2, 4 and 5) and a securities broker (Accused 3) who were alleged to have credited large sums to the broker's account without the corresponding bankers' cheques being in the bank’s possession, thereby causing loss to the bank. …

MOHD. FAROOQ ABDUL GAFUR AND ANOTHERversusSTATE OF MAHARASHTRA

2009 INSC 1019Disposed off

The case involved a gang‑led shoot‑out in Mumbai that resulted in three deaths and several injuries. The accused were charged under the IPC, the Maharashtra Control of Organized Crime Act (MCOCA) and the Arms Act. The trial court convicted six of the eight accused, sentencing three to death, while …

G.VARALAKSHMI & ANR.versusG.SRINIVASA RAO(D) THROUGH LRS. & ANR

2009 INSC 1020Disposed off

The case concerned a dispute over the partition of certain properties originally belonging to G.R. Kuppuswamy Naidu, who had acquired them by a Will executed by his father in 1921. After Kuppuswamy's death, his sons and their descendants claimed the properties, while the plaintiffs argued that the …

M/S FIXITY PACKAGING INDUSTRIES PVT. LTD. & ORS.versusUDYEN JAIN (HUF)

2009 INSC 1021Disposed off

The respondent filed a summary suit under Order XXXVII of the CPC for recovery of Rs.2.66 crore on account of dishonoured cheques. The appellants sought leave to defend and the trial judge granted conditional leave, directing them to deposit Rs.2 crore within two months or have the leave revoked. …

STATE OF MADHYA PRADESHversusSHEETLA SAHAI & ORS.

2009 INSC 997Dismissed

The Supreme Court examined the prosecution of several senior officials, including the former Water Resources Minister of Madhya Pradesh, for alleged criminal conspiracy and misconduct under the Prevention of Corruption Act in connection with the Hasdeo Bango dam project. The respondents were accused …

STATE OF MAHARASHTRAversusSAYED MOHAMMED MASOOD AND ANR.

2009 INSC 998Appeal(s) allowed

The State of Maharashtra appealed against the Bombay High Court’s order quashing a First Information Report (FIR) lodged by an investor who alleged cheating and misappropriation by City Limouzines Ltd. The High Court had held that the dispute was merely a civil matter concerning the interpretation …

STATE OF ANDHRA PRADESHversusS. SWARNALATHA & ORS.

2009 INSC 999Dismissed

The parents of Bal Reddy were murdered in their Hyderabad home on 3 December 1997. The prosecution charged the daughter‑in‑law (Swarnalatha) and five others under sections 120‑B, 302, 392 and 201 IPC, relying mainly on circumstantial evidence, an extra‑judicial confession recorded by the son‑in‑law …

NATIONAL INSURANCE COMPANY LTD.versusKHIMLIBHAI & ORS.

2009 INSC 1000Dismissed

Vir Singh, a 40‑year‑old carpenter, died in a motor accident in 1997. His widow, children and parents (eight dependents) filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accident Claims Tribunal awarded Rs 2.32 lakh based on a daily income of Rs 84 and a …

SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusSTATE OF PUNJAB & ORS.

2009 INSC 1001Dismissed

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. filed a transfer petition under Section 406 of the Code of Criminal Procedure seeking to move a large number of criminal cases pending in Punjab and Haryana courts to the Delhi High Court or any other High Court, alleging that justice might not be done to …

ATTAR SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER

2009 INSC 1002Dismissed

The appellants, owners of agricultural land in Jharoda Kalan, New Delhi, challenged the compensation awarded for land acquired under a 1982 notification. After successive awards by the Land Acquisition Collector (Rs 5,800‑2,400 per bigha), the Reference Court (Rs 9,750 per bigha) and the High Court …

SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusSTATE OF PUNJAB & ORS.

2009 INSC 1003Appeal(s) allowed

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. filed a FIR and the respondents applied for anticipatory bail. The Punjab & Haryana High Court, by an ex parte order dated 27‑12‑2005, directed the Chief Judicial Magistrate to release the respondents on bail, effectively making the interim order a final …

NEW INDIA ASSURANCE CO. LTD. & ANRversusKUSUM & ORS.

2009 INSC 1005Appeal(s) allowed

The Motor Accident Claims Tribunal awarded compensation to the dependents of a deceased victim of a bus accident, finding that the driver did not possess a valid licence. The Tribunal directed the insurer, New India Assurance Co., to pay the compensation and to recover the amount from the driver and …

SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusPRAVEEN BHATIA & ORS.

2009 INSC 1006Case Allowed

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. entered into a distribution agreement with M/s S. Bhatia Enterprises that contained an arbitration clause designating the court at Jhansi, U.P., as the forum for disputes. Disagreements led to the appointment of two different arbitrators, each issuing an …

KEDAR SINGH KUSHWAHAversusDHANIRAM & ANR.

2009 INSC 1007Dismissed

In a Gram Panchayat election, the second respondent was declared Sarpanch. The first respondent filed an election petition before the Sub‑Divisional Officer (the Specified Officer), who ordered a recount and dismissed the petition based on that recount. The High Court held that the Specified Officer …

P. THURAI PANDIANversusK. SUBRAMANIAN AND OTHERS

2009 INSC 1008Dismissed

The case concerned the appointment of the Head Master of a private aided higher secondary school in Tamil Nadu. The school’s Selection Committee chose the candidate by secret ballot, appointing the respondent who received more votes. The appellant challenged this, arguing that promotion should be …

AMARENDRA KUMAR PAULversusMAYA PAUL & ORS.

2009 INSC 1009Dismissed

The husband appealed against a magistrate's order granting maintenance to his wife and three children under Section 125 of the CrPC. The children, who were minors when the order was made, later attained majority or married, and the wife filed execution applications seeking arrears for periods after …

STATE OF PUNJAB & ANR.versusSURJIT SINGH & ORS.

2009 INSC 1010Disposed off

The Supreme Court examined whether daily‑wage employees appointed without following recruitment rules were entitled to "equal pay for equal work" with regular staff. It held that the doctrine, rooted in Article 39(d) and Article 14 of the Constitution, can be invoked only when the claimants perform …

SOUTHERN RAILWAY OFFICERS ASSN. AND ANR.versusUNION OF INDIA AND ORS.

2009 INSC 1011Appeal(s) allowed

The case arose when a group of railway employees assaulted a senior officer who was about to board a train after superannuation, threatening his life and creating a violent scene at the station. The disciplinary authority, invoking Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, …

BISWANATH AGARWALLAversusSABITRI BERA & ORS.

2009 INSC 1012Appeal(s) allowed

The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of …

NARINDER KUMAR MALIKversusSURINDER KUMAR MALIK

2009 INSC 1013Appeal(s) allowed

The brothers Narinder Kumar Malik and Surinder Kumar Malik were parties to a partition suit concerning a jointly owned industrial plot. While the suit was pending, they executed a Memorandum of Understanding (MOU) on 9 February 2005 whereby Narinder agreed to sell his 50% share to Surinder for Rs. …

SRI YERNENI RAJA RAMCHANDER @ RAJABABUversusSTATE OF AP. & ORS.

2009 INSC 1014Dismissed

The appellant, a Member of the Legislative Assembly, was accused of obtaining large sums of public money through fabricated medical reimbursement claims. The matter was referred to the Legislature's Ethics Committee, which, after the appellant's apology and partial refund, recommended withdrawal of …

UNITED BANK OF INDIAversusPIJUSH KANTI NANDY AND ORS.

2009 INSC 1015Appeal(s) allowed

The respondent voluntarily retired from United Bank of India in May 1989 after about 17 years and 10 months of service and later applied for pension under the United Bank of India (Employees) Pension Regulations, 1995. The bank rejected his claim, stating he had not completed the required 20 years …

BHAGAT SINGH & ORS.versusUNION OF INDIA & ANR.

2009 INSC 1016Dismissed

The appellants, owners of agricultural land in Ghewra village, challenged the compensation awarded for land acquired for a bottling plant, arguing that the market value fixed by the High Court was too low and that three sale deeds had been ignored. The High Court, relying on its earlier decision in …

UNION OF INDIA & ANR.versusMURALIDHARA MENON & ANR.

2009 INSC 1017Appeal(s) allowed

The Supreme Court heard a civil appeal filed by the Union of India challenging the transfer orders of two income‑tax officers who had voluntarily agreed to revert from the post of Upper Division Clerk (UDC) to Lower Division Clerk (LDC) to obtain a transfer from the Gujarat charge to the Kerala …

SUBHASH CHANDRA & ANR.versusDELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.

2009 INSC 1018Appeal(s) allowed

The petitioners, members of Scheduled Castes who had migrated to Delhi, challenged a circular issued by the National Capital Territory that denied them reservation benefits in Delhi's subordinate services, arguing that they should retain their SC status under the Presidential orders. The Court …

H.V. VEDAVYASACHARversusSHIVASHANKARA & ANR.

2009 INSC 996Disposed off

The plaintiff, H.V. Vedavyasachar, sued Shivashankara and others for a permanent injunction and a mandatory injunction directing possession of the suit property. The trial court decreed the suit. On appeal, the respondents filed an application under Order 41 Rule 27 CPC to adduce additional …

A. ABDUL FAROOKversusMUNICIPAL COUNCIL, PERAMBALUR & ORS.

2009 INSC 983Appeal(s) allowed

The Tamil Nadu Government issued G.O. Ms. No.32 (1998) permitting the erection of statues and arches on highways. After the Tamil Nadu Highways Act, 2001 came into force, the State, through its Secretary, granted permission to install permanent arches on two major district roads. The High Court held …

M.M. COOPERATIVE BANK LTD.versusJ.P. BHIMANI & ANR.

2009 INSC 984Dismissed

The Madhavpura Mercantile Cooperative Bank uncovered a large‑scale fraud involving crores of rupees and filed a criminal complaint under several IPC sections against its chairman, managing director, other officers and businessmen, including J.P. Bhimani. The accused was denied bail by the Sessions …

GURIA, SWAYAM SEVI SANSTHANversusSTATE OF U.P. AND ORS.

2009 INSC 985Dismissed

The NGO GURIA, SWAYAM SEVI SANSTHAN rescued over thirty girls from a red‑light area in Varanasi and filed a complaint, leading to charge‑sheets against 23 persons under the Immoral Traffic (Prevention) Act, 1956 and several IPC provisions. The accused applied for bail; the Sessions Judge rejected …

BUDHWANTI @ BUDHO RANIversusNIDHAN SINGH @ KAPOOR & ORS.

2009 INSC 986Disposed off

A motor accident caused the death of Khairati Lal and injuries to his wife Sheela Rani and mother Budhwanti. The Motor Accident Claim Tribunal awarded compensation of Rs.4,11,000 for death, Rs.35,000 for the wife's injuries and Rs.85,000 for the mother's permanent disability. The High Court enhanced …

STATE OF PUNJAB & ANR.versusMOHAMMED IQBAL BHATTI

2009 INSC 988Dismissed

The respondent, a Block Development and Panchayat Officer, faced an FIR under the Prevention of Corruption Act. The State, through the Minister, initially refused sanction for prosecution on 15‑12‑2002/2003. After a change of government, the same authority granted sanction on 14‑9‑2004 without any …

M/S. SARDAR ASSOCIATES & ORS.versusPUNJAB & SINDH BANK & ORS.

2009 INSC 989Appeal(s) allowed

The appellants, borrowers of a public sector bank, sought a one‑time settlement of their non‑performing loan under RBI guidelines, offering to pay Rs 345.31 lacs, but the bank demanded a higher amount and refused. The Debt Recovery Appellate Tribunal directed the bank to settle as per the RBI …

CHALLAMMAversusTILAGA & ORS.

2009 INSC 990Dismissed

The deceased K.T. Subramanya had taken four life insurance policies naming his mother, Challamma, as nominee. After his death, his alleged wife Tilaga and their two children applied for a succession certificate under Section 372 of the Succession Act, 1925, claiming the deceased was married to …

SHESH MANI SHUKLAversusD.I.O.S. DEORIA & ORS.

2009 INSC 991Dismissed

A vacancy for a teacher arose in Satya Prakash Vivekanand Inter College, Deoria. The District Inspector of Schools (DIS) recommended a candidate, Ali Hussain Ansari, within the one‑year period prescribed by the First Removal of Difficulties Order, 1981. The college's Committee of Management ignored …

MUKESH KUMAR AGRAWALversusSTATE OF U.P. & ORS.

2009 INSC 992Dismissed

The appellant, a licensed dealer of high‑speed diesel oil, challenged the cancellation of his licence under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, alleging that the cancellation was based on vague allegations of malice by …

M/S. JOHN IMPEX (PVT.) LTD. & ANR.versusATHUL KAPUR & ORS

2009 INSC 993Dismissed

The landlord filed a suit for eviction and recovery of rent arrears against the tenant, which was transferred from the Delhi High Court to the Additional District Judge after a jurisdictional amendment. The tenant received notice of an interlocutory application and the scheduled hearing date of 15 …

C.J. PAUL AND ORS.versusDISTRICT COLLECTOR AND ORS.

2009 INSC 980Appeal(s) allowed

The appellants purchased land in Tamil Nadu by deeds dated 1‑Feb‑1990. The Sub‑Registrar became aware of the deeds only on 30‑Mar‑1996 and, in 1998, initiated proceedings under Sections 47A(1) and 198 of the Indian Stamp Act, 1899, to recover deficit stamp duty. The appellants contended that the …

PADMANABANversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU

2009 INSC 982Dismissed

The case involved the murder of Rangasamy, a Naidu community member who supplied electricity to the Adi Dravida community for a festival, leading to a violent retaliation by eight accused who formed an unlawful assembly and assaulted him with casuarina sticks, causing fatal head injuries. The trial …

STATE OF MAHARASHTRAversusDNYANESHWAR LAXMAN RAO WANKHEDE

2009 INSC 964Dismissed

The State of Maharashtra appealed the acquittal of Head Constable Dnyaneswar Laxman Rao Wankhede, who was convicted by a Special Judge for demanding illegal gratification under Section 7(1) of the Prevention of Corruption Act, 1988. The prosecution’s case rested on two panch witnesses; one died …

DY. COLLECTOR, LAND ACQUISITION, GUJARAT & ANR.versusMADHUBAI GOBARBHAI & ANR.

2009 INSC 965Disposed off

The State of Gujarat acquired large tracts of agricultural and non‑agricultural land in three villages for the construction of a dam, leading to disputes over the compensation payable under Section 23 of the Land Acquisition Act, 1894. The appellants challenged the High Court’s awards, arguing that …

PRIYA VASANT KALGUTKARversusMURAD SHAIKH & ORS.

2009 INSC 967Dismissed

A nine‑year‑old girl suffered a 10% permanent disability in a motor vehicle accident and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 72,785, but the Karnataka High Court enhanced the award to Rs 1,12,000 without providing …

G. SOMESHWAR RAOversusSAMINENI NAGESHWAR RAO & ANR. ETC.

2009 INSC 968Dismissed

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the appellant had issued a pronote and a cheque which later bounced. The appellant claimed the documents were forged and applied to a magistrate for their examination by a handwriting expert; the …

PRABHJOT SINGH MAND & ORS.versusBHAGWANT SINGH & ORS.

2009 INSC 961Disposed off

The dispute concerned inter‑se seniority between direct recruits and promotee officers in the Punjab Civil Services (Executive Branch) Rules, 1976, and the consequent promotion of direct recruits to the Indian Administrative Service. The Punjab High Court had stayed the reversion of a promotee …

M. YOGENDRA & ORS.versusLEELAMMA N. & ORS

2009 INSC 962Appeal(s) allowed

K. Doddananjundaiah, a coparcener, had three daughters by his first wife and a son Dinesh by a second wife Yashodamma. After K's death, the daughters (appellants) claimed a one‑third share of the partitioned property, contending that the second marriage was void and that Dinesh, born after the Hindu …

NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION

2009 INSC 966Disposed off

Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery …

M/S. STEEL AUTHORITY OF INDIA LTD.versusS.U.T.N.I. SANGAM & ORS.

2009 INSC 971Disposed off

The Steel Authority of India Ltd. (SAIL) acquired land for a steel plant, awarding compensation to landholders; some accepted the award without protest, others accepted under protest and filed applications for reference under Section 18 of the Land Acquisition Act, 1894. The High Court directed the …

G. JAYALAKSHMI & ORSversusARULMIGHU PAZKHIKANCHIYA VINAYAGAR & ITS TEMPLE

2009 INSC 955Disposed off

The Supreme Court examined a dispute over whether a shop property belonged to a public temple or to private parties. The temple had previously been declared a public temple in earlier litigation, but the nature of the disputed property was unclear. The Court held that the character of the temple …

STATE OF MADHYA PRADESH & ORS.versusRAMESH CHANDRA BAJPAI

2009 INSC 956Appeal(s) allowed

The respondent, a Physical Training Instructor in a Government Ayurvedic College, claimed that his pay should be fixed at the UGC scale granted to teachers in the School Education Department. The High Court had ordered his pay to be fixed in that scale, relying on the doctrine of equal pay for equal …

RAMESHversusSTATE OF KARNATAKA

2009 INSC 947Appeal(s) allowed

The case involved five accused in the murder of a truck cleaner and the grievous injury of the driver under sections 302 and 307 IPC. No test identification parade (TIP) was conducted and the appellant (Accused No.3) was not named in the FIR. The trial court relied on the driver’s in‑court …

STATE OF MAHARASHTRA & ORS.versusSWANSTONE MULTIPLEX CINEMA (P) LTD

2009 INSC 948Appeal(s) allowed

The State of Maharashtra appealed a High Court order that quashed demand notices issued to Swanstone Multiplex Cinema Ltd. for entertainment duty collected during a period of statutory exemption. The multiplex had collected the full 45% duty from patrons even though the Act provided a three‑year …

BHASKAR LAL SHARMA & ANR.versusMONICA

2009 INSC 949Appeal(s) allowed

The Supreme Court heard an appeal by Bhaskar Lal Sharma and Vimla Sharma against a Delhi High Court order that quashed a summoning order issued under Sections 498A, 403, 405, 406 and 34 of the IPC. The Court examined the complaint filed by Monica, the wife of Vikas Sharma, and found that the …

D. RAMAKRISHNANversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

2009 INSC 950Dismissed

The appellant (Accused No.2) and his co‑accused were convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for unauthorised export of alprazolam, lorazepam and nitrazepam, drugs listed in the Schedule of the Act. The appellant contended that the alleged offence should be …

MONICAversusSATISH SHARMA & ANR.

2009 INSC 951Dismissed

Monica filed criminal proceedings against her husband Satish Sharma and in‑laws, and sought attachment of a jointly‑owned property in Jaipur under Section 83 of the CrPC. She later moved transfer petitions to shift the revision petition, the execution proceedings, and a Section 482 petition from the …

V. PADMANABHAMversusGOVERNMENT OF ANDHRA PRADESH & ORS.

2009 INSC 952Dismissed

V. Padmanabham, a Deputy Tehsildar and Director of Civil Supplies, was suspended in 1993 for supplying essential commodities meant for public distribution to private parties, causing a loss of about Rs.12.46 lakh to the State. A departmental enquiry found him guilty and dismissed him in 1994; his …

ASSISTANT COMMR. (CT) LTU AND ANR.versusAMARA RAJA BATTERIES LTD.

2009 INSC 954Disposed off

The Supreme Court examined the interpretation of Government Order (G.O.) No.108 dated 20‑05‑1996, issued by the Government of Andhra Pradesh under its Target‑2000 industrial policy, which granted sales‑tax deferment/exemption to existing units expanding their capacity. The respondents, industrial …

NATIONAL INSURANCE CO. LTD .versusGURUMALLAMMA & ANR.

2009 INSC 941Case Partly allowed

The mother of a 22‑year‑old deceased, who died in a motor‑vehicle accident, filed a claim under Section 163A of the Motor Vehicles Act, 1988. The Tribunal and the Karnataka High Court accepted the deceased’s alleged monthly income of Rs 3,300 and applied a multiplier of 17, awarding Rs 4,78,300 as …

RESHMA KUMARI AND OTHERSversusMADAN MOHAN AND ANOTHER

2009 INSC 942Matter referred to larger bench

The Supreme Court examined the method of calculating compensation under the Motor Vehicles Acts of 1939 and 1988, focusing on whether the multiplier in the Second Schedule must be applied rigidly and what criteria should guide the determination of the multiplicand (future earnings). The Court noted …

P.K. PALANISAMYversusN. ARUMUGHAM & ANR.

2009 INSC 943Appeal(s) allowed

The appellant filed a suit for recovery of money in 1998 with a deficit court fee, seeking extensions under Sections 148, 151 and later Section 149 of the CPC because stamp fee papers were unavailable. The deficit fee was eventually paid and the court condoned a 272‑day delay in presenting the …

PANTANGI BALARAMA VENKATA GANESHversusSTATE OF AP.

2009 INSC 944Dismissed

The case concerns the murder of MP Magunta Subbarama Reddy, his gunman, and injuries to two witnesses. Accused No.1, Pantangi Balarama Venkata Ganesh, a member of the Peoples War Group, was arrested on the day of the incident with a pistol, cartridges and a pink shirt bearing his blood. …

JAI KUMARversusSTATE OF HARYANA

2009 INSC 928Dismissed

On 9 October 1991, Jai Kumar and co‑accused robbed money and a tractor and threw the victim, Raghbir Singh, into a canal. The victim, who was intoxicated, tried to climb out, was kicked on the face and thrown back into the water, resulting in his death. All accused were convicted under IPC sections …

RAMESH DUTI & ORS.versusSTATE OF PUNJAB & ORS.

2009 INSC 929Appeal(s) allowed

The appellants, members of the managing committee of Shastri Memorial School, obtained a civil decree for possession of a plot of land and later sold a portion of it, after which a First Information Report (FIR) was lodged alleging cheating and offences under Sections 420, 465, 467, 468, 471 and …

SONU BABU BHAMBID & ORS.versusDREAM DEVELOPERS & ORS.

2009 INSC 930Dismissed

The appellants, slum dwellers, entered into a rehabilitation agreement with the respondents, a developer, which required them to obtain an eligibility certificate before the scheme could be invoked. They failed to secure the certificate, yet the developer began commercial construction on the …

P.A. JAYALAKSHMIversusH. SARADHA AND ORS.

2009 INSC 934Dismissed

The respondents filed a suit for partition of property in 2004. The appellant filed her written statement in 2006 and later discovered a 1993 will that she claimed affected the ownership of the suit property. On 1 March 2007, after the trial had commenced and a witness had been examined, she applied …

KISHAN LALversusDHARMENDRA BAFNA & ANR.

2009 INSC 936Dismissed

Kishan Lal filed a complaint alleging that nine (later ten) accused cheated him of Rs 4.65 crore. An FIR was lodged against all accused, but the charge‑sheet was filed only against Accused 1 and 2, and the Metropolitan Magistrate took cognizance of them. The complainant sought, under Section 173(8) …

INDERCHAND JAIN (D) THROUGH L.RS.versusMOTILAL (D) THROUGH L.RS.

2009 INSC 937Appeal(s) allowed

The parties entered into a sale agreement for a haveli; the buyer sued for specific performance and obtained a decree, which the seller appealed and had set aside. During the appeal the seller withdrew the amount deposited by the buyer, and the High Court again set aside the trial court decree. Both …

AMRIT LAL AND ORS.versusMAHARANI AND ORS.

2009 INSC 939Dismissed

The appeal concerned a Mitakshara coparcenary property that the appellants claimed had become self‑acquired after a lease (patta) was allegedly granted by the village Zamindar under the Oudh Rent Act, 1886. The respondents contended that the land remained ancestral joint‑family property and that any …

KRISHAN LALversusSTATE OF HARYANA & ORS.

2009 INSC 912Dismissed

Krishan Lal challenged the appointment of respondent No.4 as Mechanist Grinder Instructor, alleging that the candidate did not satisfy the five‑year practical/teaching experience requirement and that the experience certificates were invalid because the issuing establishments had not deposited …

M/S. DULARI EXPORTS LTD. & ORS.versusH.S.L.D.C. LTD. & ORS.

2009 INSC 914Dismissed

Dulari Exports Ltd. and others were allotted an industrial plot by H.S.I.D.C. Ltd. They paid four installments but failed to pay the fifth within the stipulated time. The corporation issued a notice stating that the plot was liable for resumption and offered the petitioners a chance to retain it at …

NATIONAL THERMAL POWER CORPORATION LTD.versusMAHESH DUTTA AND OTHERS

2009 INSC 916Dismissed

The National Thermal Power Corporation Ltd. (NTPC) acquired 65.71 acres of land under the Land Acquisition Act, 1894 for a thermal power plant, invoking emergency provisions of Section 17 and paying 80% compensation. NTPC claimed it had only taken physical possession of about 10.2 acres and sought …

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATIONversusVEENA SHARMA & ORS.

2009 INSC 917Case Allowed

The Haryana State Industrial Development Corporation (HSIDC) filed review petitions seeking clarification of its earlier orders dated 19 February 2008 and 20 February 2008 concerning the re‑allotment of industrial plots to Veena Sharma and others. The petitions centered on the interpretation of a …

SECRETARY, TO THE GOVT. OF HARYANA & ORS.versusVIDYA SAGAR

2009 INSC 919Dismissed

The appellant, the Secretary to the Government of Haryana, appealed against a High Court order that directed full reimbursement of medical expenses incurred by a retired employee (respondent) for heart bypass surgery. The respondent, a pensioner, submitted a claim of Rs.1,87,907.65, but the State …

GHULAM RASOOL LONEversusSTATE OF J & K & ORS.

2009 INSC 920Dismissed

The case concerned a petition by Ghulam Rasool Lone, a senior police employee, seeking promotion to Sub‑Inspector after a junior colleague, Hamiddulah Dar, had been illegally promoted in 1987 by relaxing the recruitment rules. Similar promotions were later granted to other employees through writ …

SATISH & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 923Disposed off

The Supreme Court examined the compensation awarded to landowners whose lands were acquired for a thermal power plant in Sarna, Muradpur, Uttar Pradesh. The Court held that, under Section 23 of the Land Acquisition Act, 1894, all relevant sale deeds must be considered to determine the market value …

DALIP KAUR & ORS.versusJAGNAR SINGH & ANR.

2009 INSC 874Appeal(s) allowed

The appellants entered into a sale agreement for agricultural land, received an advance and further payment, but later executed a deed of sale in favour of third parties and returned only part of the advance. The second respondent filed an FIR alleging cheating and criminal breach of trust, and the …

JEEWAN KUMAR RAUT & ANR.versusCENTRAL BUREAU OF INVESTIGATION,

2009 INSC 875Dismissed

The appellants, medical practitioners, were charged under the Indian Penal Code and the Transplantation of Human Organs Act (TOHO) for alleged illegal organ removal. The initial FIR was lodged with the Gurgaon police, but investigation was transferred to the Central Bureau of Investigation (CBI), …

PAYAPPAR SREE DHARMASASTHA TEMPLE A. COM.versusA.K. JOSSEPH & ORS.

2009 INSC 886Case Partly allowed

The Payappar Sree Dharmasastha Temple, represented by its Advisory Committee, challenged a Kerala High Court order that dismissed the Travancore Devaswom Board’s suit for eviction of an alleged encroacher, A.K. Joseph. The Board’s suit was rejected on the ground that a 1958 decree in favour of …

GANGAMMA ETC.versusG. NAGARATHNAMMA & ORS. ETC.

2009 INSC 860Case Partly allowed

The respondents, a mother and her minor daughter, filed a partition suit claiming a one‑third share in certain agricultural and urban properties, alleging that the properties were ancestral joint‑family assets. The trial court awarded them a one‑sixth share, but the High Court reversed, holding that …

R.K. MALIK AND ANR.versusKIRAN PAL AND ORS.

2009 INSC 833Disposed off

A school bus fell into the Yamuna River, killing 29 children. The parents filed claim petitions under Section 163A of the Motor Vehicles Act, 1988, seeking compensation. The Motor Accident Claims Tribunal awarded pecuniary compensation based on the Second Schedule multiplier method but no …

SIVAKUMARversusNATARAJAN

2009 INSC 819Appeal(s) allowed

The appellant borrowed Rs 1,00,000 from the respondent and issued a cheque which was dishonoured on 2 December 2003. The respondent received intimation of the dishonour on 3 December 2003 and issued a legal notice on 2 January 2004, i.e., on the 31st day. The appellant was convicted under Section …

SUBHASH CHANDRA & ORS.versusSTATE OF U.P.

2009 INSC 820Dismissed

The Supreme Court examined the appeal of Subhash Chandra and others, who were convicted under IPC sections 302, 324, 323, 147, 148 read with 149 for the murder of Phool Chand Tiwari and injuries to two others. The appellants argued that the FIR statements conflicted with the injured witnesses' …

MAHENDER PAL & OTHERSversusSTATE OF HARYANA & OTHERS

2009 INSC 822Appeal(s) allowed

The State of Haryana issued notifications under Section 4 read with Section 17(4) of the Land Acquisition Act, 1894 to acquire land for an outer ring road and green belt, affecting land owned by Mahender Pal and others that contained residential structures, ancestral samadhis and a temple. The …

CIDCOversusVASUDHA GORAKHNATH MANDEVLEKAR

2009 INSC 823Dismissed

The dispute concerned the correct date of birth of Vasudha Gorakhnath Mandevlekar, an employee of CIDCO. The corporation claimed 2‑Oct‑1948, while the employee asserted 2‑Oct‑1950, supported by a birth certificate issued by the Panvel Municipal Council and multiple internal CIDCO records (gradation, …

M.D., BHORUKA TEXTILES LTD.versusM/S KASHMIRI RICE INDUSTRIES

2009 INSC 825Appeal(s) allowed

M.D., Bhoruka Textiles Ltd. (appellant) supplied paddy husk to M/s Kashmir Rice Industries (respondent) but allegedly failed to receive payment, prompting the respondent to sue for Rs.2,61,696. The respondent contended that the appellant had become a "sick" industrial company under the Sick …

SANTOSH SOODversusGAJENDRA SINGH & ORS.

2009 INSC 826Disposed off

Santosh Sood, having obtained a loan from State Bank of Indore, constructed a building on a disputed parcel of land and entered into a lease agreement with the bank. The Nagar Palika, claiming ownership, filed a civil suit against Sood which remained pending. Respondent Gajendra Singh (the bank) and …

UTIAMRAO SHIVDAS JANKARversusRANJITSINH VIJAYSINH MOHITE-PATIL

2009 INSC 831Appeal(s) allowed

The appellant's nomination paper for the Maharashtra Legislative Council election was rejected by the Returning Officer on the ground that two proposers' signatures were forged. The appellant challenged the rejection in an election petition, alleging that the Returning Officer had erred in his …

GENERAL MANAGER, UTTARANCHAL JAL SANSTHANversusLAXMI DEVI AND OTHERS.

2009 INSC 832Appeal(s) allowed

The husband and father of the petitioners were daily‑wage workers in the Uttar Pradesh Jal Sansthan who died while in service. Their dependents sought compassionate appointments under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The High Court …

NINGAMMA & ANR.versusUNITED INDIA INSURANCE CO. LTD.

2009 INSC 803Disposed off

The widowed wife and minor son of Ramappa, who had borrowed a motorbike and died in a solo accident, claimed compensation under Section 163-A of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, which the insurer appealed, arguing that Section 163-A applies only …

JASWANT & ANR.versusSTATE OF RAJASTHAN

2009 INSC 804Appeal(s) allowed

The appellants were named in an FIR for several IPC offences and a charge sheet filed on 12‑Feb‑1993 listed them as absconding, with the investigation still pending. The Sessions Court, despite no charge sheet being filed against the appellants and the investigation incomplete, took cognizance of …

SUCHA SINGHversusSTATE OF PUNJAB

2009 INSC 806Appeal(s) allowed

The incident occurred on 16 February 1991 when the deceased Sakander and his brothers were allegedly attacked by appellant Sucha Singh and his accomplice Manga. The prosecution relied on the testimony of the first informant, Gurdev Chand, whose FIR and later supplementary statement contained …

RAM SINGH & ORS.versusRAM NIWAS & ANR.

2009 INSC 807Appeal(s) allowed

The case arose from an FIR alleging assault and homicide in which the appellants were not named in the charge-sheet. The complainant filed an application under Section 319 of the Code of Criminal Procedure, 1973 to have the appellants summoned as accused; the trial judge rejected it, but the High …

KEKI HORMUSJI GHARDA AND ORS.versusMEHERVAN RUSTOM IRANI AND ANR.

2009 INSC 802Appeal(s) allowed

The respondent, a practising advocate, filed a complaint alleging that the construction and tarring of a road by an architect (appellant No.6) at the direction of the managing director and other directors of a company (appellants No.1‑5) caused wrongful restraint to him and his parents in accessing …

SUBRAMANIAMversusSTATE OF TAMIL NADU & ANR.

2009 INSC 805Appeal(s) allowed

The appellant Subramaniam was charged with murder (s.302 IPC), dowry harassment (s.498A IPC) and a dowry prohibition offence (s.4 DP Act) after his wife was found dead in their home. The trial court acquitted him, but the High Court convicted him for murder, relying on the fact that the couple lived …

SANTOSH KUMAR SATISHBHUSHAN BARIYARversusSTATE OF MAHARASHTRA

2009 INSC 808Dismissed

The appellant, Santosh Kumar Satishbhushan Bariyar, was convicted of murder and sentenced to death, while his co‑accused received life imprisonment. The appellant challenged the legality of the Sessions Judge's grant of pardon to the approver (PW‑1) under Sections 306 and 307 of the Code of Criminal …

RAM PAT & ORS.versusSTATE OF HARYANA

2009 INSC 791Dismissed

The appellants purchased an undivided share of a joint family land but did not acquire any specific portion or possession. On the day of the incident the co‑owner Harda Ram and his son were ploughing the field when the appellants, armed with lathis and jallies, entered the land and inflicted fatal …

DIVISIONAL MANAGER, RAJASTHAN S.R.T.C.versusKAMRUDDIN

2009 INSC 793Appeal(s) allowed

Kamruddin, a bus conductor employed on probation by the Rajasthan State Road Transport Corporation, was caught five times for not issuing tickets to passengers. After a warning, a disciplinary enquiry was held, found him guilty, and terminated his services. The Labour Court, invoking Section 11A of …

SARBJIT SINGH & ANR.versusSTATE OF PUNJAB & ANR.

2009 INSC 796Appeal(s) allowed

The appellants were summoned as additional accused in a murder trial under Section 319 of the Criminal Procedure Code (CrPC) solely on the basis of the first informant’s statement. The trial court allowed the application, and the High Court dismissed the appellants’ revision, prompting a criminal …

PRALHAD & ORS.versusDEORAO & ORS.

2009 INSC 797Dismissed

The Maharashtra government appointed an Administrative Board for the Rokdeshwar Sahakari Soot Girni Ltd. under Section 157 of the Maharashtra Co-operative Societies Act, 1960, extending its term to 19 June 2009. The board was appointed while a writ petition seeking election of the society’s Board of …

ORIENTAL INSURANCE CO. LTD.versusDEO PATODI AND ORS.

2009 INSC 798Disposed off

The Supreme Court considered a claim for compensation under Section 166 of the Motor Vehicles Act, 1988 filed by the parents of Deepak Patodi, a 22‑year‑old brilliant student who died in a road accident. Patodi earned Rs 80,000 per month from a part‑time job in the UK and had a prospective US job …

FOOD CORP. OF INDIA & ORS.versusASHIS KUMAR GANGULY & ORS.

2009 INSC 799Dismissed

The Food Corporation of India (FCI) appealed against a Calcutta High Court order directing it to grant advance increments to 57 deputationist employees who had been absorbed from the West Bengal State Government. The employees claimed that, under the proviso to Regulation 81 of the FCI Staff …

ORIENTAL INSURANCE CO. LTD.versusMOHD. NASIR AND ANR.

2009 INSC 801Disposed off

The case involved several claimants who suffered injuries in motor vehicle accidents and sought compensation under the Workmen's Compensation Act, 1923 and the Motor Vehicles Act, 1988. The insurer argued that compensation should be limited to the percentage of physical disability prescribed by the …

STATE OF PUNJABversusGURLABH SINGH AND ANOTHER

2009 INSC 790Disposed off

The case concerns the murder of Karanjit Singh on 7 February 1995 when accused Gurlabh Singh, on the instruction of co‑accused Rajesh Narang, fired a .12‑bore DBBL gun after stopping a college bus with a gypsy. The trial court convicted both accused under Section 302 IPC (murder) and, for Narang, …

UNION OF INDIAversusHARPAT SINGH & ORS.

2009 INSC 795Disposed off

The Supreme Court examined compensation for agricultural lands acquired for Delhi development under the Land Acquisition Act, 1894, where the High Court had awarded Rs 3,45,000 per bigha (Rs 345 per sq yard) for Chilla Saroda Bangar. Relying on its earlier judgments in Karan Singh (1997) and Bali …

NATIONAL INSURANCE COMPANY LTD.versusSMT. SAROJ AND ORS.

2009 INSC 800Dismissed

The appellant, National Insurance Co., challenged a Motor Accident Claims Tribunal award of Rs 22.12 lakh compensation for the death of a 41‑year‑old technician, arguing that the Tribunal improperly applied the multiplier from the Second Schedule of the Motor Vehicles Act and exceeded the claimant's …

PEPSICO INDIA HOLDINGS P. LTD.versusSTATE OF KERALA & ORS.

2009 INSC 784Appeal(s) allowed

Pepsico India Holdings Ltd. sought to set up a medium‑scale soft‑drink plant in Kerala relying on a 1993 state policy that exempted new industrial units from sales tax for seven years. The company obtained assurances from KSIDC and the State Industries Department that it would receive the exemption, …

M.P. PETERversusSTATE OF KERALA & ORS.

2009 INSC 786Appeal(s) allowed

The appellant, M.P. Peter, claimed ownership of 13.25 cents of land in Kizhakkambalam and was ordered by a Sub‑Divisional Magistrate under Section 145 of the CrPC to hand the property over to the respondent. The Sessions Court reversed that order, but the High Court restored it, and the Supreme …

JAYENDRA VISHNU THAKURversusSTATE OF MAHARAHSTRA AND ANOTHER

2009 INSC 787Appeal(s) allowed

Jayendra Vishnu Thakur was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of Suresh Narsinh Dube. He was declared a proclaimed offender under Section 82 of the CrPC, later arrested several times, and the prosecution sought to record the testimony of ten …

GLOBAL ENERGY LTD. & ANR.versusCENTRAL ELECTRICITY REGULATORY COMMISSION

2009 INSC 785Appeal(s) allowed

The Central Electricity Regulatory Commission (CERC) granted an interim inter‑state trading licence to Global Energy Ltd., but later invoked Regulation 6A of the 2006 amendment to disqualify the applicant on grounds of pending legal proceedings and a vague "fit and proper" test, revoking the …

BHAGYALAKSHMI AND OTHERSversusUNITED INSURANCE CO. LTD. AND ANOTHER ETC.

2009 INSC 705Matter referred to larger bench

The appellants, heirs of a deceased passenger, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for death incurred while travelling in a private car. The Motor Accident Claims Tribunal awarded compensation, which was set aside by the Karnataka High Court on the ground that the …

HARMINDER KAUR & ORS.versusUNION OF INDIA & ORS.

2009 INSC 706Dismissed

The appellants, school teachers appointed on contract under the Chandigarh Education Service (School Cadre) Recruitment Rules, 1991, sought regularisation of their posts, arguing that their long tenure entitled them to be absorbed into the regular service. The Central Administrative Tribunal …

SURESH KUMAR SINGHversusSTATE OF U.P.

2009 INSC 707Case Partly allowed

The appellant, Suresh Kumar Singh, was convicted under IPC Sections 3048 (dowry death) and 498A (cruelty) for the death of his wife Asha Devi, who died from burns on 8 December 1993. The marriage date was disputed (1983 or 1987), and the prosecution alleged dowry demands and a prior attempt to burn …

SWARAN SINGH CHANDversusPUNJAB STATE ELECTRICITY BOARD & ORS.

2009 INSC 708Appeal(s) allowed

The appellant, Swaran Singh Chand, was compulsorily retired by the Punjab State Electricity Board under a circular dated 14‑08‑1981 that laid down guidelines for premature retirement. He challenged the order, contending that it was based on stigmatic remarks about his integrity, that the guidelines …

MOHAMMED ISHAQversusS. KAZAM PASHA & ANR.

2009 INSC 709Appeal(s) allowed

The case arose from a violent intrusion by A‑1 and his associates into the house of Mohammed Ishaq, during which household articles were seized and several occupants were assaulted. The trial court convicted A‑1 under IPC sections 148 (unlawful assembly), 392 (robbery) and 452 (house‑trespass) and …

STATE OF H.P.versusNAZAR SINGH AND ANR.

2009 INSC 710

The incident occurred on 30 March 1993 when Lamber Singh was assaulted in his field by Sarwan Singh, who wielded a broken gandasi, and several others armed with lathis, resulting in his death. The accused – Sarwan Singh (deceased), Jagtar Singh (deceased), Nazar Singh and Baldev Singh – were …

MITHABHAI PASHABHAI PATEL AND OTHERSversusSTATE OF GUJARAT

2009 INSC 711Appeal(s) allowed

The appellants were charged with multiple offences arising from an incident in August 2002 and were initially remanded to police custody under Section 167(2) of the Cr.P.C. After a charge‑sheet was filed, the Sessions Court took cognizance and the High Court granted them bail. A Special …

PREM SINGH & ORS.versusSTATE OF HARYANA

2009 INSC 712Dismissed

The Supreme Court examined the conviction of two accused under Sections 302 and 149/34 of the Indian Penal Code for the murder of Krishan, while three co‑accused had been acquitted by the High Court. The appellants argued that contradictions in the eyewitness testimonies and the High Court's failure …

C.B.I, NEW DELHI.versusABHISHEK VERMA

2009 INSC 713Dismissed

The Supreme Court examined appeals by the CBI challenging the Delhi High Court’s grant of bail to Abhishek Verma, who was charged under Sections 3 and 9 of the Official Secrets Act, 1923 and Sections 409/109 read with 120‑B of the IPC for allegedly receiving classified defence information via pen …

RAJ RANI & ORS.versusORIENTAL INSURANCE CO. LTD. & ORS.

2009 INSC 714Disposed off

The deceased, Diwan Pal Singh, an Assistant Engineer aged 42 with a monthly salary of Rs 17,431 and a prospective promotion to Executive Engineer, died in a collision with a stationary truck whose lights were off. His children and parents filed a claim for compensation under Section 166 of the Motor …

SUBHASH KUMARversusSTATE OF UTTARAKHAND

2009 INSC 715Dismissed

On 31 January 2000, Subhash Kumar and three others assaulted Surendra Kumar Sehgal with khukris at a college gate, causing multiple injuries. The FIR named Subhash and the three co‑accused as being armed and recorded Subhash's specific act of placing his hand on the victim's shoulder and urging the …

NARESH SHANKAR SRIVASTAVAversusSTATE OF U.P. & ORS.

2009 INSC 716Appeal(s) allowed

The Uttar Pradesh Cooperative Processing and Cold Storages Federation Ltd (PACSFED) was originally registered as an apex cooperative society under the Uttar Pradesh State Cooperative Societies Act, 1965, with its area of operation covering the whole state. When the Uttar Pradesh State …

N. KANNADASANversusAJOY KHOSE AND OTHERS

2009 INSC 732Dismissed

The appellant, N. Kannadasan, was an Additional Judge of the Madras High Court who was not confirmed as a permanent judge and later appointed as President of the State Consumer Disputes Redressal Commission under Section 16 of the Consumer Protection Act, 1986. Writ petitions challenged his …

S.V.L.MURTHYversusSTATE REP. BY CBI, HYDERABAD

2009 INSC 734Appeal(s) allowed

The case involved six accused bank officials and businessmen charged with criminal conspiracy, cheating and corruption for allegedly abusing a cheque‑discounting facility of State Bank of India. The Special Judge and the High Court convicted all six under Sections 120‑B and 420 of the IPC and, for …

GURNUNATH DONKAPPA KERI AND ORS.versusSTATE OF KARNATAKA

2009 INSC 735Dismissed

The case arose from a long‑standing boundary dispute between two families in a Karnataka village, which escalated into a violent confrontation that resulted in the deaths of three persons. The prosecution relied on the testimony of three natural witnesses who were relatives of the victims, and on a …

RAJU PREMJIversusCUSTOMS NER SHILLONG UNIT

2009 INSC 736Appeal(s) allowed

The appellants Raju Premji and Arun Kanungo were convicted under Sections 21, 28 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for abetting possession of heroin, based primarily on confessional statements recorded while they were in police custody and later handed over to …

BALDEV SINGHversusSTATE OF PUNJAB

2009 INSC 737Appeal(s) allowed

The appellant, Baldev Singh, was convicted under Section 302 read with Section 120B IPC for the murder of his brother Pritam Singh. The conviction was based mainly on the testimony of a taxi driver (PW‑26) who claimed to have overheard a conspiratorial discussion, and on an alleged extra‑judicial …

DEVENDRA &ORS.versusSTATE OF U.P. & ANR.

2009 INSC 738Appeal(s) allowed

The appeal arose from a civil dispute among co‑sharers over the extent of their shares in a joint family property. Two co‑sharers sold a portion of the property to third parties, prompting the remaining co‑sharer to file a suit for cancellation of the sale deed and a criminal complaint alleging …

HEM SINGH @ HEMUversusSTATE OF HARYANA

2009 INSC 739Appeal(s) allowed

The appellants were accused of a gun‑battle with police in a village, during which a police constable and an alleged dacoit died. The trial court convicted them under Sections 302, 307, 353 read with 34 of the IPC, while the High Court affirmed the conviction. The Supreme Court held that the …

U. SUVETHAversusSTATE BY INSPECTOR OF POLICE AND ANOTHER

2009 INSC 740Appeal(s) allowed

An FIR was lodged against U. Suvetha, describing her as the "girl friend"/"concubine" of the husband of the complainant. Suvetha sought discharge on the ground that the allegation, even if true, did not constitute an offence under Section 498A of the Indian Penal Code (IPC). The Madras High Court …

COMMISSIONER OF INCOME TAX, SHIMLAversusM/S. GREENWORLD CORPORATION, PARWANOO

2009 INSC 720Disposed off

The Supreme Court examined whether the assessment order against Mis. Greenworld Corporation was passed under the undue influence of the Commissioner of Income Tax, Shimla, thereby rendering it a nullity. It held that a revisional authority under Section 263 can intervene only when an order is …

STATE OF M.P. & ANR.versusMD. ABRAHIM

2009 INSC 721Appeal(s) allowed

The respondent, Md. Ibrahim, was engaged on a daily‑wage basis as a driver in three separate spells between 1980 and 1983. He filed an application under Sections 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 seeking classification as a permanent driver, alleging discrimination …

STATE OF HIMACHAL PRADESHversusRAKESH KUMAR

2009 INSC 725Case Partly allowed

The State of Himachal Pradesh charged Rakesh Kumar with murder under Section 302 IPC for stabbing the deceased, Sanjiv Sen, in the chest during a party at Yash Pal's house. The trial court convicted Kumar based on the testimony of three natural witnesses present in the room and the recovery of a …

HARYANA VIDYUT PARSARAN NIGAM LIMITED & ANR.versusGULSHAN LAL & ORS.

2009 INSC 742Dismissed

Haryana Vidyut Parishan Nigam Limited (the corporation) owned two thermal power plants; employees at its Faridabad plant sued for higher pay scales, seeking a declaration of entitlement and a mandatory injunction to pay the higher salaries with interest, invoking the principle of equal pay. The …

HARYANA STATE ELECTRICITY BOARD & ANR.versusGULSHAN LAL AND ORS.

2009 INSC 743Appeal(s) allowed

The Haryana State Electricity Board (HSEB) operated two thermal power plants with differing pay scales for identical posts, prompting employees at the Faridabad plant to sue for equal pay based on the doctrine of "equal pay for equal work". The lower courts granted higher pay and designation to the …

TATA POWER COMPANY LTD.versusRELIANCE ENERGY LIMITED AND OTHERS

2009 INSC 731Appeal(s) allowed

The Supreme Court examined a dispute between Tata Power Company (TPC), its distribution arm, BEST and Reliance Infrastructure (Rlnfra) over the Maharashtra Electricity Regulatory Commission's (MERC) approval of power purchase agreements (PPAs) and its direction to allocate generation capacity. The …

M/S. RADHEY SHYAM RATANLAL & ANR.versusCOMMNR. OF CUSTOMS (ADJUDICATION), MUMBAI

2009 INSC 744Dismissed

The appellants imported bulk cloves and claimed that the customs duty should be assessed on the contract price of US$2600 per metric ton, which they alleged was the transaction value. The Customs Department, relying on Section 14(1) of the Customs Act, 1962 and Rules 4, 5 and 10A of the Customs …

OMPRAKASH & ORS.versusRADHACHARAN & ORS.

2009 INSC 671Dismissed

The case concerned the intestate succession of self‑acquired property of Narayani Devi, a widow who was expelled from her matrimonial home and lived with her parents. After her death, her mother and her brothers applied for a succession certificate, while the heirs of her husband also claimed the …

STATE OF CHHATISGARH & ORS.versusDHIRJO KUMAR SENGAR

2009 INSC 672Appeal(s) allowed

The deceased headmaster of a government school died intestate, leaving his brother and nephew as natural heirs. The nephew, Dhirjo Kumar Sengar, applied for a compassionate appointment claiming to be the deceased's adopted son, supported by an unregistered deed of adoption and a succession …

RAJ KUMAR KHURANAversusSTATE OF (NCT OF DELHI) & ANR.

2009 INSC 677Appeal(s) allowed

The appellant claimed that two blank cheques were stolen and reported the loss to his bank. The cheques were later filled and presented for payment, but the bank returned them with the remark that they were reported lost by the drawer. The respondent filed a complaint under Section 138 of the …

RAM SURESH SINGHversusPRABHAT SINGH @ CHHOTU SINGH & ANR.

2009 INSC 679Dismissed

The appellant, Ram Suresh Singh, appealed against a High Court order that held the accused, Prabhat Singh, to be a juvenile on the basis of school admission register entries showing a birth date of 10‑02‑1987. The trial magistrate had appointed a Medical Board which estimated the accused's age to be …

DHARMESHBHAI VASUDEVBHAI & ORS.versusSTATE OF GUJARAT & ORS.

2009 INSC 681Appeal(s) allowed

The City Co-operative Bank filed a complaint alleging several offences and the Judicial Magistrate ordered an investigation under Section 156(3) CrPC. The complainant later applied to withdraw the inquiry on the ground of a compromise, and the Magistrate recalled his earlier order. Depositors in the …

JAWAHAR SINGH @ BHAGAT JIversusSTATE OF GNCT OF DELHI

2009 INSC 683Dismissed

The appellant was arrested on 26 September 1999 for possession of 600 grams of heroin and was convicted under Section 21 of the NDPS Act, receiving a ten‑year rigorous imprisonment and a fine. The conviction was affirmed by the High Court, and the appellant appealed, contending that the Narcotic …

RADHEY SHYAM GARGversusNARESH KUMAR GUPTA

2009 INSC 684Dismissed

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the complainant's evidence was recorded by affidavit. The appellant later sought to have the complainant summoned again for examination in chief, invoking Section 145(2) of the Act, despite the affidavit …

AKBAR SHEIKH & ORS.versusSTATE OF WEST BENGAL

2009 INSC 685Disposed off

The case arose from a night-time mob attack on 16 May 1982 in Bujung, West Bengal, where several persons were killed and many were accused of being part of an unlawful assembly. The trial court convicted twenty persons under Sections 141, 142, 143 and 149 of the Indian Penal Code, despite some …

DIR., CENT. MARINE FISHERIES RES INST. & ORS.versusA. KANAKKAN & ORS.

2009 INSC 687Dismissed

The Director of the Central Marine Fisheries Research Institute (affiliated to ICAR) appealed against a Supreme Court order granting four former "Computer" employees a revised pay scale of Rs.425‑600. The employees had earlier filed an application before the Central Administrative Tribunal (CAT) …

HARMANPREET SINGH AHLUWALIA & ORS.versusSTATE OF PUNJAB & ORS

2009 INSC 688Appeal(s) allowed

The appellants, Harmanpreet Singh Ahluwalia and his parents, sought to quash an FIR filed in Jalandhar under IPC sections 406 and 420 alleging dowry demand and criminal breach of trust. The FIR was lodged after the parties had been residing in Canada for several years and the alleged demand was made …

BALA BAINE LINGA RAJUversusSTATE OF A.P.

2009 INSC 691Disposed off

The appellant stabbed the husband of PW‑2 with scissors, causing fatal injuries to the lung and heart. The trial court convicted him under IPC s.304 Part I and sentenced him to seven years' imprisonment. The High Court upheld the conviction but released the appellant under the Probation of Offenders …

UNION OF INDIA & ORS.versusM/S MARTIN LOTTERY AGENCIES LTD.

2009 INSC 701Dismissed

The case concerned whether the sale, promotion and marketing of state‑run lottery tickets by M/s Martin Lottery Agencies Ltd. attracted service tax under Section 65(19) of the Finance Act, 1994. The High Court had held that lottery tickets are not "goods" and that the distributor’s activities were …

VISHNU DUTT SHARMAversusDAYA SAPRA

2009 INSC 702Appeal(s) allowed

Vishnu Dutt Sharma sued Daya Sapra for recovery of a loan, while simultaneously filing a criminal complaint under Section 138 of the Negotiable Instruments Act for a dishonoured cheque. The criminal trial resulted in an acquittal of Sapra. Sapra then sought to have the civil suit dismissed under …

HIDAYATKHAN BISMILLAKHAN PATHANversusVAIJNATH AND ORS.

2009 INSC 703Appeal(s) allowed

The case concerned the Marathwada Sarvodya Shikshan Prasarak Mandal, a public trust, where disputes arose over the validity of elections held in 2001. The first respondent challenged the election, but the Joint Charity Commissioner dismissed the limitation defence and initiated suo‑moto proceedings …

PRADEEP CHAUDHARY & ORS.versusUNION OF INDIA & ANR.

2009 INSC 674Dismissed

The petitioners, residents of Haridwar district, challenged the inclusion of their district in the newly created State of Uttarakhand under the Uttar Pradesh Reorganisation Act, 2000, alleging that the Parliament violated the mandatory consultation provision in the proviso to Article 3 of the …

CHANDRAKANT HARGOVINDAS SHAHversusDEPUTY COMMISSIONER OF POLICE & ANR.

2009 INSC 697Dismissed

The appellant, a renowned sport shooter, was granted two arms licences (revolver/pistol and rifle) under Form III of the Arms Rules for personal use. Between 1996 and 2005 he bought and sold firearms on 39 occasions and imported arms on 26 occasions, prompting a show‑cause notice alleging misuse of …

HIMMAT SUKHADEO WAHURWAGH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 656Dismissed

The case involved eight accused who were charged with the murder of three members of the Kolhe family in two related incidents. The prosecution relied on the testimony of two child eyewitnesses (aged 11 and 13), a dying declaration, medical reports, and blood‑group matches of recovered weapons. The …

G. SEKARversusGEETHA & ORS

2009 INSC 503Dismissed

The appeal arose from a partition suit concerning the self‑acquired property of the deceased Govinda Singh, who allegedly left a will in favour of his son (the appellant). The daughters contested the will’s validity and sought partition of the dwelling house. The key legal issue was the effect of …

V.V.S RAMA SHARMA & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 508Appeal(s) allowed

The appellants, former officers of the Life Insurance Corporation of India, were charged under IPC sections 420 and 409 and Stamp Act sections 64 and 69 for allegedly purchasing insurance stamps from vendors outside Uttar Pradesh, causing a loss to the State. They filed writ petitions seeking …

K. ASHOKAversusN.L. CHANDRASHEKAR & ORS.

2009 INSC 531Appeal(s) allowed

The Director of a housing cooperative society filed a complaint under Section 200 of the CrPC alleging that the society's office bearers had cheated the society by allotting a plot at a price far below market value and making illegal gains, based on a report of the Joint Registrar under the …

MANOJ NARAIN AGRAWALversusSHASHI AGRAWAL

2009 INSC 532Disposed off

The case arose from two FIRs relating to a family dispute over a farm house, leading to charge‑sheets against Manoj Narain Agrawal, Shashi Agrawal, Meenaxi Agrawal and others under various IPC sections. The High Court of Uttarakhand dismissed a criminal miscellaneous application under Section 482 …

SUMESH SINGHversusPHOOLAN DEVI & ORS.

2009 INSC 533Dismissed

The plaintiff, Babu, owned suit land and filed a suit to set aside a deed of sale executed under a purported Power of Attorney. The plaintiff died during the suit and his heirs were brought on record. An amendment to the plaint was allowed in 2004. Subsequently, the eighth respondent (an heir and …

M.P. STATE CO-OP. DAIRY FEDN. LTD. & ANR.versusRAJNESH KUMAR JAMINDAR & ORS.

2009 INSC 512Dismissed

The Madhya Pradesh State Co‑operative Dairy Federation Ltd., a society incorporated under the Madhya Pradesh Cooperative Societies Act, ordered the compulsory retirement of 52 employees who had completed 20 years of service. Sixteen employees challenged the order and were awarded 50% back wages by a …

AVINASH DHAVAJI NAIKversusSTATE OF MAHARASHTRA

2009 INSC 513Case Partly allowed

The State of Maharashtra acquired about 5,300 sq m of agricultural land in 96 villages for the New Bombay Project under the Land Acquisition Act, 1894. The Land Acquisition Collector initially valued the land at Rs 0.35 per sq m; the reference court, using the belting method, enhanced compensation …

BALBIR KAUR & ORS.versusNEW INDIA ASSURANCE COMPANY LTD. & ORS.

2009 INSC 517Case Partly allowed

The deceased Baljit Singh was killed when his scooter was hit by a bus on 18 March 1996. His family claimed compensation under Section 166 of the Motor Vehicles Act and the Tribunal awarded Rs 7.96 lakh. The insurer argued that the cover note was issued on 15 March 1996 but was to take effect from …

OM PRAKASH SINGHversusM. LINGAMAIAH & ORS.

2009 INSC 518Dismissed

Om Prakash Singh, a resident of Uttar Pradesh, claimed that a 16‑acre parcel of land in Andhra Pradesh was joint family property and that the Karta, Ram Katin Singh, died in 1978. He alleged that the respondents fabricated three sale deeds in 1980‑81 by forging Singh’s signature and thereby …

MANDAL PANCHAYATH HUNSAGIversusNORTH EASTERN K.R.T.C.

2009 INSC 519Dismissed

The North Eastern K.R.T.C., a statutory road transport corporation, filed a suit for permanent injunction to stop the Mandal Panchayat from constructing shops on land that formed part of a public road maintained by the PWD, thereby obstructing a wicket gate used for passenger egress at a bus stand. …

BIMLA DEVI & ORS.versusHIMACHAL ROAD TRANSPORT CORPN. & ORS.

2009 INSC 520Appeal(s) allowed

The husband of the appellant, Constable Jawala Ram, died when a bus owned by Himachal Road Transport Corporation allegedly reversed without sounding a horn, crushing him. The appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident …

NAVANATH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 523Appeal(s) allowed

The Government of Maharashtra acquired 182 hectares of land for the Uthala Irrigation Project. The Special Land Acquisition Officer fixed market values and awarded additional compensation for fruit‑bearing trees, wells, pipelines and structures, classifying the land as Bagayat (irrigated) and …

STATE OF JHARKHAND & ORS.versusSHIV KARAMPAL SAHU

2009 INSC 522Appeal(s) allowed

The appellant State of Jharkhand challenged a High Court order that had granted a compassionate appointment to Shiv Karpal Sahu, whose father, a non‑government employee, was killed in a terrorist attack on 19 May 2000. The High Court had applied circulars issued by the Bihar Government (9 Aug 2000) …

KERALA AGRICULTURAL UNIVERSITYversusB.K. JAYACHANDRAN ETC.

2009 INSC 525Dismissed

The respondents, appointed as Assistant Professors in the 1970s and early 1980s, were promoted to Associate Professor (Non‑Cadre) under a time‑bound grade promotion scheme approved by the Kerala Government and based on the Fourth Pay Commission recommendations. The University later adopted a …

STATE OF UTTARANCHALversusALOK SHARMA & ORS.

2009 INSC 502Appeal(s) allowed

The Supreme Court examined whether circular letters issued by the Uttar Pradesh Government in 1995 and 1996 could be treated as the "notified orders" required under the Uttar Pradesh Absorption of Retrenched Employees of Government of Public Corporations in Government Services Rules, 1991, which …

SETH RAMDAYAL JATversusLAXMI PRASAD

2009 INSC 511Dismissed

The borrower, Laxmi Prasad, had pledged jewellery to money‑lender Seth Ramdayal Jat in 1987 for a loan. After the lender was convicted in a criminal case for charging excess interest, the borrower served a notice on 12 May 1998 demanding the return of the jewellery, which was ignored. A suit for …

G. RAMACHANDRA REDDY & CO.versusUNION OF INDIA & ANR.

2009 INSC 528Disposed off

The appellant submitted a tender for a construction contract, claiming a 2.25% uplift on rates and a 40% labour component, which the respondent contested, leading to arbitration. The arbitrator held that the appellant’s covering letter formed part of the contract, upheld the 2.25% uplift, …

MAHTAB SINGH & ANR.versusSTATE OF U.P.

2009 INSC 482Appeal(s) allowed

The accused Mahtab Singh and his son were acquitted by the trial court of murder under s.302 r/w s.34 IPC and of an offence under the Arms Act, on the ground that the prosecution failed to prove its case beyond reasonable doubt. The High Court reversed the acquittal, relying on the testimony of two …

AKHTAR & ORS.versusSTATE OF UTTARANCHAL

2009 INSC 471Dismissed

The appellants Akhtar and others were charged under Sections 148, 149, 302, 307 and 324 of the IPC for a daylight assault on a disputed piece of land that resulted in two deaths and two injuries. The trial court acquitted them, but the High Court convicted the surviving five accused on the basis of …

PATRI VYAPAR MANDAL DELHI (REGD)versusM.C.D. TOWN HALL & ORS.

2009 INSC 473Disposed off

The Supreme Court dealt with numerous applications concerning the implementation of the National Policy on Urban Street Vendors (NPSV) 2004 and the Delhi Laws Special Provisions Act, 2007 in Delhi. Petitioners sought directions to reduce the pedestrian footpath width from 5 ft to accommodate more …

SUCHAND BOURIversusSTATE OF WEST BENGAL

2009 INSC 474Dismissed

The appellant, Suchand Bouri, was convicted of murder for delivering a knife blow to the chest of Sarbeswar, a village watchman, during a dispute over land boundaries. The prosecution proved that the blow was inflicted with considerable force using a deadly weapon, targeting a vital organ, and …

STATE OF ORISSAversusPRASANNA KUMAR MOHANTY

2009 INSC 481Disposed off

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

BSNL & ORS.versusABHISHEK SHUKLA & ANR.

2009 INSC 459Dismissed

The case concerned two candidates placed on a wait‑list after a BSNL recruitment advertisement for General, OBC and SC posts. When two selected candidates failed to join, the wait‑list candidates applied for appointment, but the department rejected their claim citing the absence of a provision for a …

RUMI DHARversusSTATE OF WEST BENGAL & ANR.

2009 INSC 460Dismissed

Rumi Dhar and her husband, along with several bank officials, were charged under Sections 120‑B, 420, 467, 468 and 471 IPC for conspiring to defraud a bank. The bank recovered the loan amount through a settlement before the Debt Recovery Tribunal, and the accused paid Rs. 25.51 lakh. Rumi Dhar filed …

HIRA LAL & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 461Appeal(s) allowed

The appellants and respondent No.3 were co‑sharers of land and disputed the validity of a registered will. A civil court had found the will genuine, but respondent No.3 filed a criminal complaint alleging forgery under IPC sections 420, 462, 467, 468 and 471, which the magistrate dismissed. He later …

SATYAPALversusSTATE OF HARYANA

2009 INSC 462Dismissed

The appellant Satyapal was convicted under Section 376 of the Indian Penal Code for raping an 11‑year‑old girl. The girl and her aunt testified that the appellant forcibly lifted the child, gagged her and attempted sexual intercourse, after which the appellant fled upon hearing the aunt's voice. The …

RAJENDRA & ANR.versusSTATE OF U.P.

2009 INSC 458Dismissed

The appellants Rajendra and another were convicted under Sections 302 and 34 IPC for the murder of a goldsmith who was allegedly thrown into a well. The prosecution relied on the FIR, the testimony of a minor eye‑witness (the victim’s son) and partial statements of witnesses who were later declared …

THE REGIONAL MANAGER, CENTRAL BANK OF INDIAversusVIJAY KRISHNA NEEMA & ORS.

2009 INSC 465Dismissed

Vijay Krishna Neema, employed by the Central Bank of India since 1973, took leave in 1986 and failed to report back, despite several memos and a show‑cause notice. The bank invoked Clause 16 of the Shastri Award, a bipartite settlement, to deem him to have voluntarily retired and terminated his …

LAKSHMI & ANR.versusCHINNAMMAL @ RAYYAMMAL & ORS.

2009 INSC 466Appeal(s) allowed

The appellants, co‑sharers, filed a suit to cancel a partition deed and also lodged an FIR alleging the deed was forged. The deed and the appellant’s signatures were sent to the Forensic Science Laboratory, which produced reports on the signature and on the thumb impression. While the trial court …

KATARI SURYANARAYANA & ORS.versusKOPPISETTI SUBBA RAO & ORS.

2009 INSC 467Dismissed

The dispute concerned the right of two neighbouring parties to use a lane connecting their houses. Respondents filed a suit for injunction which was dismissed, and the order was appealed; the appellants then filed a second appeal before the High Court. During the pendency of that appeal, respondents …

ANDHRA PRADESH SERVICE COMMISSIONversusBALOJI BADHAVATH & ORS.

2009 INSC 468Appeal(s) allowed

The Andhra Pradesh Public Service Commission (APPSC) appealed against a High Court order that declared the Government Orders (GOMs) of 31‑12‑1997 and the 27‑12‑2007 notification, which used a 1:50 shortlisting ratio irrespective of community, ultra vires Articles 14 and 16 of the Constitution. The …

RANI GUPTA & ORS.versusM/S. UNITED INDIA INSURANCE CO. LTD. & ORS.

2009 INSC 469Dismissed

The husband of the appellant died as a gratuitous passenger in a friend’s car that was covered by a Private Car Package Policy. The Motor Vehicles Accidents Claims Tribunal awarded compensation using a multiplier of 13, but the High Court reduced the multiplier to 10 and awarded Rs.12.5 lakh. The …