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Supreme Court of India

S B SINHA

1,538 judgments delivered by benches including this judge — showing 201–400.

STEEL AUTHORITY OF INDIA LTD.versusUNION OF INDIA AND ORS.

2006 INSC 65926 September 2006Appeal(s) allowed

The Steel Authority of India Ltd., a government company, engaged contractors to manufacture steel, and workers employed by those contractors claimed they were permanent employees of the company and sought absorption. The State Government referred the dispute to a Labour Court under Section 10(1)(c) of the Industrial Di

TEJUMAL BHOJWANI (DEAD) THROUGH LRS. AND ORS.versusSTATE OF U.P.

2003 INSC 42426 August 2003Disposed off

The petitioners, owners of a large tract of land in Sitapur, Uttar Pradesh, challenged the compensation awarded by the U.P. Awas Evam Vikas Parishad under its 1965 Adhiniyam for land acquired for a housing scheme. The Land Acquisition Officer had offered Rs 2‑3 per sq ft and separate amounts for structures and a tube‑w

UNION OF INDIA AND ANR.versusMANIK LAL BANERJEE

2006 INSC 46926 July 2006Appeal(s) allowed

The case concerned whether a railway employee who retired on 31 January 1995 was entitled to gratuity under the Payment of Gratuity Act, 1972 or whether the Railway Services (Pension) Rules, 1993 governed his benefit. The Union of India argued that Section 2(e) of the 1972 Act expressly excludes persons holding a post

SADHU SINGHversusDARSHAN SINGH AND ANR.

2006 INSC 47026 July 2006Dismissed

The appellant Sadhu Singh was declared elected Sarpanch of a Gram Panchayat by a margin of 11 votes. The respondent Darshan Singh filed an election petition alleging that 147 votes were wrongly rejected and that 25 of his ballots were intermingled with those of the appellant, and sought a recount. The Election Tribunal

VIJAYversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 47126 July 2006Dismissed

Vijay was elected a member of a Grampanchayat in 2000 and later elected as a Councillor of the Zilla Parishad. An amendment to Section 14(1)(J‑2) of the Bombay Village Panchayats Act, 1958, effective 8 August 2003, disqualified any person who had been elected as a Councillor of the Zilla Parishad from continuing as a P

PUNJAB WATER SUPPLY SEWERAGE BOARD AND ANR.versusRAM SAJIVAN AND ANR.

2007 INSC 47126 April 2007Appeal(s) allowed

The Punjab Water Supply Sewerage Board terminated two work‑charge employees after they assaulted a senior officer following a disputed transfer. The employees were convicted in a criminal case, but the Labour Court set aside the termination and ordered reinstatement without back wages. The Board later issued a show‑cau

STATE OF ORISSA AND ORS.versusPRASANA KUMAR SAHOO

2007 INSC 47226 April 2007Appeal(s) allowed

The respondent, a temporary employee of the Census Organisation, claimed regularisation after being retrenched, relying on State circulars that relaxed the upper age limit for such employees. The State of Orissa issued circulars in 1995 and 1999 but did not lay down a policy for regularisation. The Orissa Administrativ

PAWANversusSTATE OF UTTARANCHAL

2009 INSC 26826 February 2009Dismissed

The case involves the rape and murder of a six‑year‑old girl whose body was discovered after four accused were seen throwing it from a gunny bag. The trial court convicted the accused under IPC sections 302, 34, 201, 34, 376 and 377 based solely on circumstantial evidence and sentenced them to death, which the High Cou

NADIMUTHU AND ORS.versusTHE STATE REP. BY INSPECTOR OF POLICE

2007 INSC 20826 February 2007Dismissed

The case involved four accused who tied, beat, strangled and poisoned the deceased, who was the brother of three accused and son of the fourth. The wife of the deceased (PW‑1) initially gave a false account to the Village Administrative Officer under threat, but later narrated the true events to her father, the police

VIJAY SINGH CHARAKversusUNION OF INDIA AND ORS.

2007 INSC 20926 February 2007Appeal(s) allowed

The appellant, a State Forest Service officer, was placed at No. 26 in a 1991 select list for induction into the Indian Forest Service (IFS) but was not appointed. He challenged the list, and the Jammu & Kashmir High Court sent the matter back to the Selection Committee instead of deciding its validity. The State later

STATE OF MANIPUR AND ANR.versusKSH. MOIRANGNINTHOU SINGH AND ORS.

2007 INSC 21026 February 2007Appeal(s) allowed

The respondents, members of the Manipur Home Guards, filed writ petitions seeking regularisation of their service and the grant of regular pay scales and pension benefits. The Guwahati High Court ordered the State to regularise them and to extend all service benefits applicable to regular government employees. On appea

TAMIL NADU ELECTRICITY BOARDversusM/S RASIPURAM TEXTILE (P) LTD. & ORS.

2008 INSC 133925 November 2008Dismissed

The Tamil Nadu Electricity Board inspected Rasipuram Textile Mills and discovered alleged theft of electrical energy. Under Sections 39(1) and 44(1)(c) of the Electricity Act, 1910, the Board prosecuted the company and its directors. The trial court convicted the directors, but the appellate court set aside those convi

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusORIENT FABRICS PVT. LTD.

2003 INSC 66925 November 2003Dismissed

The Collector of Central Excise assessed additional duty on Orient Fabrics for alleged mis‑disclosure and undervaluation of fabric, also ordered confiscation of 35 bales and imposed a penalty. The Central Excise and Gold (Control) Appellate Tribunal allowed the appeals, holding that the Central Excise Act could not be

M. MOHAMMED ABDULLAversusSTATE OF KERALA AND ORS.

2007 INSC 97625 September 2007Appeal(s) allowed

M. Mohammed Abdulla, a permanent government servant who had entered the Kerala service in 1975 and completed his probation, availed leave without allowance under paragraph 4 of Appendix XIIA of the Kerala Service Rules to work abroad. While he was on leave, his junior was promoted, and the State later restored Abdulla'

SATYA RANJAN MAJHI AND ANR.versusSTATE OF ORISSA AND ORS.

2003 INSC 42025 August 2003Dismissed

The petitioners challenged Sections 2 and 7 of the Orissa Freedom of Religion Act, 1967 and Rules 4 and 5 of the Orissa Freedom of Religion Rules, 1989, including sub‑rule (3) of Rule 5, before the Orissa High Court, which dismissed the petition. They filed a Special Leave Petition before the Supreme Court, contending

BUDHAN SINGH AND ORS.versusSTATE OF BIHAR

2006 INSC 24625 April 2006Case Partly allowed

The appellants Budhan Singh and others were convicted under Section 201 of the Indian Penal Code for causing the disappearance of evidence after allegedly snatching away the injured deceased’s body from a cot at the scene of a shooting. The prosecution alleged that the accused, armed and present, assisted in removing t

PANDIT VASUDEV VYAS (DEAD) THROUGH LRS.versusBOARD OF MGMT, S.S.J.S. PEETH AND ORS.

2006 INSC 24725 April 2006Appeal(s) allowed

The dispute concerned the appointment of a sole trustee for the Karveer Peeth, a public trust registered under the Bombay Public Trust Act, after the Charity Commissioner appointed the second respondent under s.47. The appellant argued that the presiding Swami must be a sannyasi and that clause 5 of the 1963 scheme, to

DEVENDRA KUMAR SINGHversusADMINISTRATOR, BIHAR COOP. MKT. UNION LTD. AND ANR.

2006 INSC 24825 April 2006Appeal(s) allowed

The appellant, an employee of Bihar State Cooperative Marketing Union Ltd (BISCOMAUN), had not received his salary since January 1996 and filed a writ petition in the Patna High Court. A Single Judge ordered the employer to pay the salary and suggested winding up the organization, but a Division Bench reversed that ord

JITENDRA RAM @JITUversusSTTE OF JHARKHAND

2006 INSC 24925 April 2006Appeal(s) allowed

The appellant Jitendra Ram (Jitu) was convicted of murder and abetment of suicide under Sections 302 and 201 of the IPC and sentenced to life imprisonment. He contended before the Supreme Court that he was a minor at the time of the offence (18‑11‑1985) and therefore entitled to the protection of the Bihar Children Act

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 25025 April 2006Dismissed

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen claimed that, upon succe

S.S. RANAversusREGISTRAR, CO-OPERATIVE SOCIETIES AND ANR.

2006 INSC 25125 April 2006Dismissed

S.S. Rana, a Branch Manager of Kangra Central Co‑operative Bank Ltd., was terminated after a disciplinary proceeding under Rule 56(b) of the bank's employee rules read with Section 35‑B(4) of the Himachal Pradesh Co‑operative Societies Act, 1968. He appealed the termination, which was dismissed, and then filed a writ p

STATE OF RAJASTHAN AND ANR.versusKULWANT KAUR

2006 INSC 25225 April 2006Appeal(s) allowed

Kulwant Kaur was appointed temporarily as a primary school teacher in Rajasthan with only a diploma in tailoring, lacking the statutory qualifications of matriculation and Basic Short Training Certificate (BSTC) required under the Rajasthan Panchayat Samiti & Zila Parishad Service Rules, 1959 (later superseded by the 1

BIR SINGHversusSTATE OF HIMACHAL PRADESH

2006 INSC 25325 April 2006Dismissed

Bir Singh approached a police out‑post seeking police escort to his village amid a reported faction fight. The Assistant Sub‑Inspector declined, asking him to stay, after which Bir Singh assaulted the officer with a khukhri, inflicting multiple grievous injuries. The assault was witnessed by two constables who overpowe

GURSWAROOP JOSHIversusBEENA SHARMA & ORS.

2006 INSC 25425 April 2006Appeal(s) allowed

Harbans Lal Joshi executed a will on 3 January 1980, which later became the subject of a probate application filed by Gurswaroop Joshi under Section 276 of the Indian Succession Act, 1925. The trial court granted probate, but the widow and other heirs appealed, contending that certain clauses in the will were vague. Th

JAYASINGHversusK.K. VELAYUTHAM AND ANR.

2006 INSC 25525 April 2006Appeal(s) allowed

The appellant, an Assistant Engineer, removed a tea stall from a hospital campus on the explicit direction of the Executive Engineer, in accordance with a government policy to eliminate kiosks for public health reasons. A complaint was filed by the stall owner's husband, but it made no allegation against the appellant;

CHUNDURU SIVA RAM KRISHNA AND ANR.versusPEDDI RAVINDRA BABU AND ANR.

2009 INSC 40325 March 2009Appeal(s) allowed

The Supreme Court examined a petition under Section 482 of the CrPC filed by several family members of a rice‑mill proprietor who were charged under IPC sections 406, 420 and 424 r/w 34 for allegedly cheating paddy suppliers. The High Court had rejected the petition, holding that a prima facie case existed against all

SARVSHEEL MAGOversusSTATE OF HARYANA & ORS.

2008 INSC 39625 March 2008Disposed off

Sarvsheel Mago alleged that a police officer (respondent No.4) in collusion with private individuals (respondents No.5 and 6) repeatedly searched his vehicle and falsely implicated him for possession of contraband drugs, despite no incriminating material being found. He filed a petition under Section 482 of the Crimina

PRAVINversusSTATE OF MADHYA PRADESH

2008 INSC 39725 March 2008Dismissed

The appellant Pravin was convicted under IPC sections 395, 397 and 450 for a daylight bank dacoity, and under the Arms Act for possession of an unlicensed firearm. He challenged the conviction on the ground that the identification parade was a farce, photographs of the accused had been shown to witnesses, and the recov

RAJENDRAversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 40025 March 2008Appeal(s) allowed

The appellant, an OBC candidate, was appointed as Junior Clerk in a government‑aided school after the Management obtained approval from the Education Officer. Seventeen months later the approval was withdrawn without hearing, on the ground that the appointment violated a Government Resolution dated 1 March 2000 which i

LAXMI DEVI & OTHERSversusMOHAMMAD TABBAR & ANOTHER

2008 INSC 40125 March 2008Case Allowed

Rajendra Singh, aged 35, died in a motor accident. His wife and four minor daughters claimed compensation before the Motor Accidents Claims Tribunal, which used the notional income of Rs 15,000 per annum (as per the Second Schedule of Section 163‑A, Motor Vehicles Act) and a multiplier of 16, awarding Rs 1,69,000 with

ANNAMALAI UNIVERSITY REP. BY REGISTRARversusSECY. TO GOVT. INFN. & TOURISM DEPT. & ORS.

2009 INSC 26125 February 2009Dismissed

The Supreme Court examined whether the University Grants Commission (UGC) 1985 Regulations, which require a three‑year bachelor's degree before admission to a master's programme, apply to open universities and bind them. It held that the Regulations are statutory, mandatory and prevail over the Open University Act; con

BHAGWAN KR I SHAN GUPTAversusPRABHA GUPTA & ORS.

2009 INSC 26225 February 2009Dismissed

The dispute arose between the heirs of Murari Lal Gupta (the testator) and the family of his brother Girdhari Lal Gupta over a property jointly owned by the brothers. The testator's will declared that the ground floor would vest in his four sons and the first floor in Girdhari's family, with both brothers having contri

SATBIR SINGH & ORS.versusSTATE OF U.P.

2009 INSC 26325 February 2009Dismissed

The Supreme Court upheld the conviction of several accused who, amid a long‑standing family feud, assaulted and murdered Jagbandhan and Randhir and injured Mithan. The prosecution proved the offences under Sections 302, 149, 148 and 323 of the IPC using eye‑witness testimony, medical evidence and the existence of a com

SAROJ ANAND & ORS.versusPRAHLAD RAI ANAND & ORS.

2009 INSC 26425 February 2009Dismissed

The case involved a partition suit among members of a joint family where counsel Y.K. Kapoor, appearing for all defendants, stated in court on 14 October 1999 that the defendants did not dispute the plaintiff's share in all the properties and were willing to sell them. A preliminary decree was passed on the basis of th

STATE OF KARNATAKA & ORS.versusG.V. CHANDRASHEKAR

2009 INSC 26725 February 2009Disposed off

The Supreme Court examined whether employees appointed on an ad‑hoc basis could be regularised in service. The respondents, who had served for more than ten years in various posts, sought regularisation with all consequential benefits after their applications were rejected by the State. The High Court had directed the

GOVERNMENT OF A.P. AND ORS.versusV. APPALASWAMY

2007 INSC 7825 January 2007Appeal(s) allowed

V. Appala Swamy, a former principal, faced departmental misconduct charges in 1990 and an inquiry report was filed in 1992, but he retired before any action. A show‑cause notice was later issued to withhold 50% of his provisional pension, which he contested, and he also approached the Andhra Pradesh Administrative Trib

THE COMMISSIONER OF POLICE AND ORS.versusSYED HUSSAIN

2006 INSC 4325 January 2006Appeal(s) allowed

Syed Hussain, a police constable, stood as surety for Ahmed Qureshi, a hardened criminal involved in 32 snatching cases, and allegedly helped other accused obtain bail. The disciplinary authority found him guilty of misconduct and ordered his removal from service. The Andhra Pradesh Administrative Tribunal upheld the r

MOHAMMED ARSHADversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 89224 November 2006Disposed off

The deceased Kayyum gave three dying declarations after being assaulted. The first (before a doctor) and second (before a magistrate) named Syed Shaukat and Salim but not Mohammed Arshad; the third (before an investigating officer) named Arshad as having struck the victim with a wooden stick, citing a monetary dispute.

CHATAR SINGHversusSTATE OF M.P.

2006 INSC 89324 November 2006Case Partly allowed

The appellant was convicted for kidnapping two boys and for offences under Sections 364 and 365 IPC, read with Sections 120‑B and 201 IPC. The trial court sentenced him to ten years each for the two counts of kidnapping (total 20 years) and the High Court upheld the conviction and ordered the sentences to run consecuti

VIKRAMJLT SINGH@ VICKYversusSTATE OF PUNJAB

2006 INSC 89424 November 2006Appeal(s) allowed

Vikramjit Singh (Vicky) was convicted by the Sessions Court and sentenced to death for the murder of his wife, Meena Rani, based on a prosecution case that alleged he killed her due to an illicit relationship. The prosecution relied on a knife allegedly recovered after a confession, jewellery found nearby, and a series

DILIP AND ANR.versusSTATE OF M.P.

2006 INSC 89524 November 2006Appeal(s) allowed

The appellants were stopped on a scooter and opium was seized from the vehicle, leading to their arrest under the NDPS Act. The trial court acquitted them, holding that the search and seizure were vitiated because Sections 42 and 50 of the NDPS Act were not complied with and the seizure witnesses were hostile. The High

BABUBHAI UDESINH PARMARversusSTATE OF GUJARAT

2006 INSC 89624 November 2006Appeal(s) allowed

Babubhai Udesinh Parmar was convicted of raping and murdering a minor girl, Savita, primarily on the basis of a confession recorded by a Chief Judicial Magistrate under Section 164 of the Cr.P.C. The Supreme Court found that the confession was recorded without observing the statutory safeguards: it was taken on oath (w

GAGAN KANOJIA AND ANR.versusSTATE OF PUNJAB

2006 INSC 89724 November 2006Dismissed

The appellants were convicted for kidnapping and murdering two children based largely on circumstantial evidence, including the testimony of a child witness, a taxi driver, extra‑judicial confessions, fingerprint matches, recovered clothing, and a ransom‑demand letter. The trial and High Courts upheld the convictions a

BASO PRASAD AND ORS.versusSTATE OF BIHAR

2006 INSC 89824 November 2006Disposed off

The accused were charged under Sections 302 and 34 IPC and Section 27 of the Arms Act for the murder of Shivnandan Prasad. Eye‑witnesses identified Brijandan Prasad as the sole shooter, while the other four accused were alleged to have participated in brick‑batting but not in firing. The defence argued that discrepanci

SASI THOMASversusSTATE AND ORS.

2006 INSC 89924 November 2006Disposed off

The appellant, the brother of the deceased Achamma, alleged that his sister’s death was not a natural heart‑failure but a murder concealed as suicide. After exhumation and a post‑mortem indicating organophosphorus poisoning, the CB‑CID investigated and charged the husband under Section 306 IPC (abetment of suicide) and

ANIL@RAJU NAMDEV PATILversusADMINISTRATION OF DAMAN & DIU, DAMAN AND ANR.

2006 INSC 90024 November 2006Dismissed

The appellant, Anil Raju Namdev Patil, was convicted of kidnapping a five‑year‑old boy for ransom, the boy’s murder and related offences, and sentenced to death and five years’ rigorous imprisonment. He appealed, arguing that the charge of kidnapping for ransom with intent to murder (Section 364‑A IPC) was never framed

STATE OF MAHARASHTRAversusSHASHIKANT S. PUJARI AND ORS.

2006 INSC 90124 November 2006Disposed off

Shashikant S. Pujari was appointed as a part‑time lecturer on a clock‑hour basis in 1983 and later served intermittently as a full‑time lecturer without the requisite approval of the University Selection Committee and without satisfying the qualifications prescribed under the University Grants Commission (UGC) regulati

MEGHALAYA STATE ELECTRICITY BOARD AND ORS.versusTHULESWAR BARBARUAH & ORS.

2006 INSC 90224 November 2006Appeal(s) allowed

The Meghalaya State Electricity Board framed service regulations in 1996 that required a Departmental Promotion Committee (DPC) to prepare a list of eligible employees each year, but only for vacancies that existed or were expected. The respondents became eligible for promotion in 2000, yet no DPC was convened because

STATE OF HARYANA AND ORS.versusDEVI DUTT AND ORS.

2006 INSC 90324 November 2006Appeal(s) allowed

The State of Haryana, following a policy to regularise daily‑wage workers, terminated the services of several daily wagers. The Labour Court held that the workers had not been in continuous service for the requisite 240 days in the preceding 12 months, and therefore the retrenchment did not violate Sections 25F and 25G

J. SRINIVASA RAOversusGOVT. OF A.P. AND ANR.

2006 INSC 90524 November 2006Appeal(s) allowed

J. Srinivasa Rao challenged a 1997 notification that altered the tax rate for Maxi Cabs from a fixed Rs 1,000 per vehicle to Rs 600 per seat, alleging it exceeded the ceiling prescribed in the Andhra Pradesh Motor Vehicles Taxation Act, 1963. The High Court dismissed the writ, holding that the schedule rate was valid a

STATE OF HIMACHAL PRADESH AND ORS.versusSURINDER SINGH BANOLTA

2006 INSC 90824 November 2006Dismissed

Surinder Singh Banolta was elected to the Zilla Parishad on 5 January 2001. Earlier, in 1998, he had been declared an encroacher under the Himachal Pradesh Public Premises (Rent Recovery and Land Eviction) Act, a disqualification ground under Section 122(c) of the Himachal Pradesh Panchayati Raj Act, 1994. A complaint

G.L. VIJAINversusK. SHANKAR

2006 INSC 90924 November 2006Appeal(s) allowed

The appellant, a tenant, challenged an order fixing fair rent by filing a revision petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The High Court admitted the petition on the condition that the appellant deposit 50% of the arrears and continue paying the reduced rent. The Supre

STATE OF M.P. AND ORS.versusLAUT KUMAR VERMA

2006 INSC 91024 November 2006Dismissed

Laut Kumar Verma, engaged on daily wages, applied before the Labour Court for classification as a permanent clerk, claiming that continuous service of more than six months entitled him to permanent status under Clause 2 of the Standard Standing Orders and protection of Section 25‑F of the Industrial Disputes Act. The L

HOTEL & RESTAURANT ASSOCIATION AND ANR.versusSTAR INDIA PVT. LTD. AND ORS

2006 INSC 91124 November 2006Appeal(s) allowed

The Hotel & Restaurant Associations, representing owners of large and small hotels, challenged the rates demanded by broadcasters under TRAI's tariff orders, arguing that they are consumers entitled to TDSAT's jurisdiction under Section 14 of the TRAI Act. TDSAT held that the hotels were not subscribers or consumers an

SAURABH PRAKASHversusDLF UNIVERSAL LTD.

2006 INSC 91224 November 2006Disposed off

The appellant purchased a flat from DLF Universal Ltd. and paid earnest money and instalments, but later could not continue payments and sought a refund of the amounts paid, proposing a swap for a smaller property. DLF refused to adjust the earnest money and the appellant filed an application before the Monopolies and

JALARAMversusSTATE OF RAJASTHAN

2005 INSC 58724 November 2005Case Partly allowed

Four brothers, including the deceased, were moving cattle through a field owned by Sonaram when Jalaram and six other accused, who were hiding in the field, assaulted them with lathis. Jalaram delivered a single blow to the deceased's forehead, causing instant death. The trial court convicted Jalaram under Sections 147

R. KALYANIversusJANAK C. MEHTA AND ORS.

2008 INSC 122424 October 2008Dismissed

The appellant R. Kalyani lodged an FIR under Sections 409, 420 and 468 read with Section 34 IPC against three respondents, alleging that the third respondent operated her account without consent and forged a letter, while the first two senior officers of the company were claimed to be vicariously liable. The respondent

STATE OF HARYANA & ORS.versusSHAKUNTLA DEVI

2008 INSC 122524 October 2008Appeal(s) allowed

The Supreme Court examined whether the widows of three deceased employees, who had been appointed on an ad‑hoc six‑month basis, were entitled to family pension under the Punjab Civil Services Rules and the 1964 Family Pension Scheme. The Court held that eligibility for family pension is conditioned on the employee bein

M/S. KARNATAKA STATE FOREST INDUSTRIES CORPORATIONversusM/S. INDIAN ROCKS

2008 INSC 122724 October 2008Dismissed

The Karnataka State Forest Industries Corporation (KSFIC) was appointed as the State's agent to sell confiscated granite blocks. After a legislative committee uncovered a scam, the State terminated KSFIC's agency and directed it to refund the amounts paid by the purchasers, Indian Rocks and other companies. KSFIC claim

UNITED INDIA INSURANCE CO. LTD.versusRAKESH KUMAR ARORA & ORS.

2008 INSC 108724 September 2008Appeal(s) allowed

A fatal road accident occurred on 5 February 1997 when a vehicle owned by the respondent was driven by Karan Arora, a 15‑year‑old who did not possess a valid driving licence. The deceased's family claimed compensation from United India Insurance Company, which denied liability on the ground that the driver was unlicens

BHOLANATIIversusMONIKA (D) THROUGH LRS. ANDANR.

2007 INSC 97124 September 2007Dismissed

The dispute involved a cooperative society that, after an arbitration award in 1981 directing allotment of plot No. 6 to the petitioner, mistakenly executed a sale deed for plot No. 66 in the petitioner's favour. In a separate arbitration, the respondent was awarded any one of plots 66, 91 or 15; with 91 and 15 unavail

KANAILAL BERAversusUNION OF INDIA AND ORS.

2007 INSC 97324 September 2007Case Partly allowed

The appellant, a constable in the Central Reserve Police Force, was repeatedly disciplined for unauthorized absence, culminating in dismissal after a departmental inquiry found some charges partially proved. He challenged the dismissal, but his appeal and subsequent writ petition were dismissed due to long delay. The S

JAGDISH MURAVversusSTATE OF U.P. AND ORS.

2006 INSC 54124 August 2006Appeal(s) allowed

The appellant Jagdishmura was charged under Section 307 IPC for allegedly firing a pistol at the neck of PW‑2, a driver, in an attempt to murder him. The trial court acquitted him, finding the key witnesses’ statements contradictory, the motive unestablished, and the FIR ante‑dated and improperly investigated. The High

STATE INSPECTOR OF POLICE, VISAKHAPATNAMversusSURYA SANKARAM KARRI

2006 INSC 54224 August 2006Dismissed

The respondent, a Chief Commercial Inspector of the South Eastern Railway, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. The conviction was set aside by the High Court on the ground that the sanction for prosecution was granted by

RAMJEE RAI AND ORSversusST A TE OF BIHAR

2006 INSC 54324 August 2006Dismissed

The appellants, a group of villagers, forcibly took the deceased Baijnath Singh and his brother onto a boat, assaulted Singh, resulting in his death; the body was recovered after five days and identified by several eye‑witnesses. The trial court convicted the accused under Sections 302, 34 and 201 IPC, a decision affir

TULSI AND ORS.versusCHANDRIKA PRASAD AND ORS.

2006 INSC 54424 August 2006Dismissed

The appellant had earlier mortgaged a portion of a house to a third party and later executed a single document selling the entire house to the respondents, which contained a right to redeem the mortgage. The respondents attempted to redeem, were refused, and filed suit for redemption and specific performance. The trial

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARHversusM/S. PUNJAB LAMINATES PVT. LTD.

2006 INSC 54524 August 2006Dismissed

Punjab Laminates Pvt. Ltd. manufactured paper‑based decorative laminated sheets and classified them under Chapter 39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise argued that the goods should fall under sub‑heading 4823.90 of Chapter 48 and that the exemption under Notification No. 135/89‑C

KISHORI LALversusSALES OFFICER, DISTRICT LAND DEVELOPMENT BANK AND ORS.

2006 INSC 54624 August 2006Appeal(s) allowed

Kishori Lal, an agriculturist, obtained a loan from the District Land Development Bank in 1971 and mortgaged his agricultural land as security. He was a minor at the time of the loan, defaulted on repayment and the bank initiated recovery proceedings culminating in an auction of the mortgaged land. The Board of Revenue

SANDEEP SUBHASH PARATEversusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 54724 August 2006Appeal(s) allowed

The appellant, a student, claimed membership in the Halba Scheduled Tribe to obtain admission to a Bachelor of Engineering program, but the Caste Scrutiny Committee later invalidated his caste certificate. He continued his studies under interim orders of the High Court, completed the course, and sought his degree after

SURENDRA AND ANR.versusSTATE OF MAHARASHTRA

2006 INSC 54824 August 2006Appeal(s) allowed

The appellants, two brothers, were convicted of murder (Sec. 302 IPC) and causing hurt (Sec. 324 IPC) for the death of their uncle Devaji and injuries to his children during a property‑related dispute. They claimed they acted in private defence after being attacked by the deceased and his son, who allegedly came armed.

BIHAR STATE FINANCIAL CORPN. AND ORS.versusMIS. CHEMICOT INDIA PVT. LTD. AND ORS.

2006 INSC 55024 August 2006Appeal(s) allowed

The Bihar State Financial Corporation, a statutory body under the State Financial Corporations Act, 1951, approved a loan to a small‑scale industrial unit and later agreed to an additional term loan of Rs 15 lakhs conditioned on the submission of a DGTD registration certificate. The loan agreement was registered withou

M/S. O.N.G.C. LTD.versusCOMMNR. OF CUSTOMS, MUMBAI

2006 INSC 55124 August 2006Appeal(s) allowed

MIS O.N.G.C. Ltd imported 3‑D seismic tapes and claimed exemption from customs duty under the 1999 notification, which required an Essentiality Certificate (EC) issued by the Directorate General of Hydrocarbons and a valid Petroleum Exploration Licence (PEL). The original licence expired on 14‑Nov‑1997; ONGC applied fo

JAI NARAIN PARASRAMPURIA (DEAD) AND ORS.versusPUSHPA DEVI SARAF AND ORS.

2006 INSC 55224 August 2006Appeal(s) allowed

The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also leased the property, lead

ANIL KUMAR SHAHI AND ORS.versusPROF. RAM SEVAK YADAV AND ORS.

2008 INSC 86024 July 2008Dismissed

The petitioners, former candidates for principal and senior lecturer posts, claimed that the Uttar Pradesh Public Service Commission (UPPSC) had willfully ignored Supreme Court orders (dated 10 Jan 2001 and 20 Feb 2002) directing it to apply a uniform eligibility criteria. The UPPSC issued an office order on 7 April 20

ANIL KAKversusKUMARI SHARADA RAJE & ORS.

2008 INSC 51624 April 2008Dismissed

Maharani Sharmishthabai Holkar executed a detailed Will on 4 November 1992 that referred to three appendices containing the specific distribution of her assets. The appendices were not signed by the attesting witnesses and were not in existence at the time of execution. Applications for probate were filed by the execut

NATIONAL TEXTILE CORPORATION (M.P.) LTD.versusM.R. JHADAV

2008 INSC 51724 April 2008Case Allowed

The National Textile Corporation (M.P.) Ltd. issued a Voluntary Retirement Scheme (VRS) effective 31 July 2000. M.R. Jadhav applied for the scheme on 16 May 2000 and obtained administrative clearance, but the corporation never communicated a final decision or acceptance, citing lack of funds. Jadhav continued in servic

A. SATYANARAYANA & ORS.versusS. PURUSHOTHAM & ORS.

2008 INSC 51824 April 2008Appeal(s) allowed

The case concerned the Andhra Pradesh Secretariat Service Rules which limited the number of Private Secretaries (PS) who could be promoted to Assistant Secretary and higher posts to ten at any given time, despite a statutory quota of 14:1 between Section Officers (SO) and PS. The PS challenged the validity of the Gover

M/S. SUPER POLY FABRIKS LTD.versusCOMMISSIONER OF CENTRAL EXCISE, PUNJAB

2008 INSC 51924 April 2008Case Partly allowed

M/S Super Poly Fabriks Ltd entered into a "Consignment Stockistship Agreement" with GAIL. The Commissioner of Central Excise issued a show‑cause notice demanding service tax, alleging that the company acted as a clearing and forwarding (C&F) agent under Section 65(25) of the Finance Act, 1994. The assessee contended th

CORRESPONDENT, ST. MICHAEL'S T.T.IversusV.N. KARPAGA MARY & ORS.

2008 INSC 52024 April 2008Case Partly allowed

The respondent, a teacher appointed in 1977 with the requisite qualifications, was terminated in 1995 after a 1994 Government Order raised the qualification standards for teachers. The termination was challenged before the High Court, which quashed the order and awarded back wages, holding that the Government Order cou

RAJASTHAN SRTC & ORSversusMOHAR SINGH

2008 INSC 52224 April 2008Dismissed

The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging the termination and t

WILLIAMSversusLOURDUSAMY & ANR.

2008 INSC 52424 April 2008Appeal(s) allowed

The appellant, Williams, claimed title to a parcel of land based on a registered deed of sale from respondent No.2. Respondent No.1 sued for a permanent injunction, asserting ownership through an oral agreement of sale with respondent No.2, but respondent No.2 was not impleaded. The trial court limited the issue to pos

OM PARKASH BATISHversusRANJIT @ RANBIR KAUR AND OTHERS

2008 INSC 52524 April 2008Case Allowed

The appellant, Om Parkash Batish, owned a residential building and had engaged a casual worker, Ram Lal, for a short period to carry out repair work. While on the roof of an adjoining textile mill, Ram Lal suffered an electric shock and died. The respondents filed a claim for compensation under the Workmen Compensation

K.P. MOHAMMED SALIMversusCOMMISSIONER OF INCOME-TAX, COCHIN

2008 INSC 52624 April 2008Dismissed

The Income Tax Department conducted searches at the premises of K.P. Mohammed Salim and his associates and, to facilitate coordinated investigation, the Chief Commissioner transferred the cases to the Calicut Investigation Circle under Section 127(2) of the Income Tax Act. The Assessing Officer then issued a notice und

T. NAGAPPAversusY.R. MURALIDHAR

2008 INSC 52724 April 2008Case Allowed

T. Nagappa was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque. He applied to the magistrate, invoking Section 243 of the Code of Criminal Procedure (mistakenly cited as Section 293), seeking to have the cheque examined by the Forensic Science Laboratory to determine the age of

SMT. HEENA KAUSARversusCOMPETENT AUTHORITY

2008 INSC 52824 April 2008Dismissed

The wife of a man detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act was served a show‑cause notice under Chapter V‑A of the NDPS Act for alleged illegal acquisition of properties. The Appellate Tribunal ordered confiscation of the flats; the Bombay High Court dismissed t

THE MANAGING DIRECTOR, STATE BANK OF HYDERABAD AND ANR.versusP. KATA RAO

2008 INSC 52924 April 2008Dismissed

The Managing Director of State Bank of Hyderabad initiated departmental proceedings against P. Kata Rao, an employee, on twelve charges, some of which overlapped with criminal charges for which he was later acquitted. The enquiry officer found him guilty of most charges and the appointing authority dismissed him; the d

AFAQ HUSAINversusUPSRTC & ANR.

2008 INSC 53024 April 2008Dismissed

Afaq Husain, a conductor appointed on an ad‑hoc, daily‑wager basis by the U.P. State Road Transport Corporation, was given a three‑month contract in 1976 and terminated thereafter with one month’s notice pay. He raised an industrial dispute in 1982; the Labour Court, assuming continuous service from 1972‑1976, held tha

SHEIKH RAFIversusSTATE OF ANDHRA PRADESH AND ANR.

2007 INSC 45124 April 2007Dismissed

The appellant, Sheikh Rafi, was convicted of murder for chasing and stabbing his brother with a knife, inflicting 19 injuries that included vital organs. He appealed, arguing that the facts only warranted a conviction under Part II of Section 304 IPC, not Section 302. The Supreme Court examined the nature, number, and

M/S. CO-OPERATIVE COMPANY LTD.versusCOMMISSIONER OF TRADE TAX, U.P.

2007 INSC 45224 April 2007Case Allowed

The appellant, Mis. Co‑operative Company Ltd., a manufacturer and seller of country liquor and IMFL, was assessed sales tax on amounts it levied as "bottling charges" for glass bottles used to pack country liquor. The Assessing Officer treated these charges as the price of bottles and included them in turnover under s.

P.T. MUNICHIKKANNA REDDY AND ORS.versusREVAMMA AND ORS.

2007 INSC 45324 April 2007Dismissed

The appellants purchased a 5‑acre plot by two registered sale deeds after the respondents had earlier bought a portion of the same land. They filed a suit for possession claiming title by adverse possession, asserting that they had been in open, continuous and hostile possession for over fifty years. The trial court gr

BABULAL JAINversusSTA TE OF M.P. AND ORS.

2007 INSC 45424 April 2007Case Partly allowed

BabulaL Jain, an Accountant in the Madhya Pradesh Collectorate, was deputed to the post of Election Supervisor. An Office Memorandum dated 9 February 1999 stipulated that such transfers were to be treated as postings, with pay fixed at the lower post and not under Fundamental Rule 22(D) or 22(A) of the M.P. Civil Servi

INDIAN BANKSversusGODHARA NAGRIK COOP CREDIT SOCIETY LTD. & ANR. ETC. ETC.

2009 INSC 39424 March 2009Appeal(s) allowed

The Supreme Court was asked to clarify certain directions given in its 16 May 2008 judgment concerning the Indian Bank scam involving cooperative societies' fixed deposits (FDRs). The Court observed that, unlike the Bank of Baroda case, there was no Central Bureau of Investigation (CBI) probe in the Indian Bank matters

RAMREDDY RAJESHKHANNA REDDY AND ANR.versusSTATE OF ANDHRA PRADESH

2006 INSC 17324 March 2006Appeal(s) allowed

The appellants were convicted of murder under IPC s.302 read with s.34 based largely on circumstantial evidence, an eye‑witness statement recorded three days after the incident, and a recovered knife. The defence argued that the witness statements were inconsistent, the time of death could not be precisely determined f

A. SUDHAKARversusPOST MASTER GENERAL, HYDERABAD AND ANR

2006 INSC 17524 March 2006Dismissed

Sub‑Post Master A. Sudhakar was charged with misappropriating Rs 5,000 received for a Kisan Vikas Patra. A departmental enquiry found him guilty of the first charge and part of a third charge and the Director of Postal Services, who was also his appointing authority, imposed compulsory retirement. Sudhakar appealed to

NATIONAL INSURANCE CO. LTD.versusSMT. KUSUM RAI AND ORS.

2006 INSC 17624 March 2006Dismissed

A taxi insured with National Insurance Co. was driven by a Khalasi who held only a Light Motor Vehicle licence, not a licence for a commercial vehicle. The vehicle met with an accident, resulting in the death of a 12‑year‑old girl. The claimants filed a petition under Sections 163A and 166 of the Motor Vehicles Act, an

KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.

2006 INSC 17824 March 2006Appeal(s) allowed

The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop workers on the ground

MUNNA CHANDAversusSTATE OF ASSAM

2006 INSC 10424 February 2006Appeal(s) allowed

The case involved an altercation between two groups that culminated in the death of Moti Suklabaidya. The appellants, Munna Chanda and Ujjal, were convicted by the trial court and the High Court under Section 302 IPC read with Section 149 IPC for murder, based largely on the testimony of prosecution witnesses. On appea

SUNILA JAINversusUNION OF INDIA AND ANR.

2006 INSC 10524 February 2006Dismissed

Sunila Jain appealed against a preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) against her husband, D.K. Jain, who had been released on bail by the Special Court of Economic Offences on the ground that the alleged offence was bailable. T

P. MANIversusSTATE OF TAMIL NADU

2006 INSC 10624 February 2006Appeal(s) allowed

The appellant, P. Mani, was convicted of murdering his wife by allegedly setting her on fire, based solely on her dying declaration. The High Court upheld the conviction, holding the dying declaration reliable and noting the appellant's alleged absconding and lack of injury as circumstantial support. On appeal, the Sup

MOHINDER PRASAD JAINversusMANOHAR LAL JAIN

2006 INSC 10924 February 2006Dismissed

Manohar Lal Jain, a co-owner of a shop, filed an eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming a bona fide personal requirement to run a wholesale Ayurvedic medicine business. The Rent Controller dismissed the petition for lack of proof of such requirement an

CHAIRMAN & M.D., BHARAT PET. CORPN. LTD. AND ORS.versusT.K. RAJU

2006 INSC 11024 February 2006Appeal(s) allowed

The respondent, a senior sales officer of Bharat Petroleum Ltd., was charged with eight instances of financial irregularities and dismissed from service under the Conduct, Discipline and Appeal Rules. He challenged the dismissal, arguing that some charges were vague and that the punishment was disproportionate. The Ker

UNION OF INDIA AND ANR.versusS.C. PARASHAR

2006 INSC 11124 February 2006Appeal(s) allowed

The respondent, a Deputy Commandant of the CRPF, was found guilty of failing to maintain absolute devotion to duty and acting in an unbecoming manner after a vehicular accident. The disciplinary authority imposed three penalties: reduction of pay to the minimum of the time‑scale for three years with cumulative effect,

M.P. HOUSING BOARD AND ANR.versusMANOJ SHRIVASTAVA

2006 INSC 11224 February 2006Appeal(s) allowed

The respondent, Manoj Shrivastava, was engaged by the M.P. Housing Board as a daily‑wage Sub‑Engineer and worked for more than 240 days. He claimed permanent status under Clause 2(i) of the Standard Standing Orders, which provides that an employee who has completed six months' satisfactory service in a clear vacancy be

UNION OF INDIA AND ANR.versusMALTI SHARMA

2006 INSC 11324 February 2006Appeal(s) allowed

The respondent, Malti Sharma, an Inspector appointed under the Nursing Council Act, was terminated in April 1996 and challenged the termination by filing a writ petition. While the petition was pending, the Government of India issued a direction to abolish the post of Inspector, relying on an Office Memorandum that dee

HIMMAT SINGHversusSTATE OF HARYANA AND ORS.

2006 INSC 11424 February 2006Dismissed

Himmat Singh, a Head Constable, applied for voluntary retirement which was accepted on 24 August 2000. He later claimed to have withdrawn the application on the same day, alleged bias by the fifth respondent, and contended that the Lines Officer failed to make an entry in the police correspondence register as required

BISHWANATH PRASAD SINGHversusRAJENDRA PRASAD AND ANR.

2006 INSC 11524 February 2006Appeal(s) allowed

The appellant, Bishwanath Prasad Singh, sold a piece of land to the respondents on 24 June 1977 and simultaneously executed an agreement for reconveyance, the parties agreeing that the sale would become absolute only upon payment of Rs.3000 within 23 months. The respondents claimed the transaction was a usufructuary mo

INDOCHEM ELECTRONIC AND ANR.versusADDL. COLLECTOR OF CUSTOMS, A.P.

2006 INSC 11624 February 2006Dismissed

Indochem Electronic supplied an EPABX telephone system to the Additional Collector of Customs, Andhra Pradesh, with a one‑year warranty and a promise to open a service centre. The system was defective from the outset, and despite repeated complaints the supplier failed to provide satisfactory maintenance, even after th

MUSARAF HOSSAIN KHANversusBHAGHEERATHA ENGG. LTD AND ORS.

2006 INSC 11724 February 2006Appeal(s) allowed

The appellant supplied stone chips for a West Bengal construction project and was paid by post‑dated cheques issued by the respondent from its registered office in Kerala. The cheques were deposited in a West Bengal bank, bounced, and a criminal complaint under Section 138 of the Negotiable Instruments Act was filed be

M/S. MAHARASHTRA STATE SEEDS CORPN. LTD.versusHARIDAS AND ANR.

2006 INSC 11824 February 2006Appeal(s) allowed

The appellant, Maharashtra State Seeds Corporation Ltd., dismissed its assistant field officer, Haridas, after a departmental enquiry found him guilty of several misconducts and the Managing Director issued a second show‑cause notice changing the proposed penalty from freezing two increments to dismissal. The High Cour

STATE OF M.P. AND ORS.versusARJUNLAL RAJAK

2006 INSC 11924 February 2006Appeal(s) allowed

Arjunlal Rajak was appointed as a daily‑wage chowkidar by the State of Madhya Pradesh without a written offer or compliance with recruitment rules. He worked in various departments, the last being the production division of the Forest Department, which was later abolished, and his services were terminated without obser

CANARA BANK AND ORS.versusSWAPAN KUMAR PANI AND ANR.

2006 INSC 12024 February 2006Disposed off

Swapan Kumar Pani, an accountant of Canara Bank, was first exonerated in 1989 of charges of unauthorised removal of special bearer bonds. Later, after a CBI report, the bank’s Managing Director invoked Regulation 18 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 to set aside the exonera

THE HARYANA STATE AGRICULTURAL MARKETING BOARDversusSUBHASH CHAND AND ANR.

2006 INSC 12124 February 2006Appeal(s) allowed

The Haryana State Agricultural Marketing Board appointed Subhash Chand as a contract Arrival Record Clerk for short seasonal periods. The contract expressly allowed termination without notice and conferred no right to regularisation. After his services were terminated, Chand raised an industrial dispute alleging unfair

STATE OF U.P.versusSHEO SHANKER LAL SRIVASTAVA AND ORS.

2006 INSC 12324 February 2006Appeal(s) allowed

Sheo Shanker Lal Srivastava, a private secretary to the Uttar Pradesh Lok Ayukta, was charged with misconduct for refusing to hand over the key to his almirah containing public documents and for using indecent language. The Lok Ayukta, who was also the disciplinary authority, conducted the inquiry, appointed a retired

VINOD KUMAR MATHURSEVA MALVIA AND ANR.versusMAGANLAL MANGALDAS GAMETI AND ORS.

2006 INSC 12424 February 2006Disposed off

The case involved three trusts registered under the Bombay Public Trust Act, 1950, where several change notices for appointment and deletion of trustees were filed. The Assistant Charity Commissioner approved a change notice without conducting the mandatory enquiry, prompting the Joint Charity Commissioner to remand th

PUNJAB STATE CIVIL SUPPLIES CORP. LTD.versusSIKANDER SINGH

2006 INSC 12624 February 2006Dismissed

The Punjab State Civil Supplies Corporation (the appellant, a State) sued two of its employees, an inspector and a field officer/supervisor, for loss of wheat allegedly caused by their negligence and misappropriation. Both employees had been dismissed in departmental proceedings; the inspector was reinstated after depo

CHIEF ENGINEER, HYDEL PROJECT & ORS.versusRAVINDER NATH & ORS.

2008 INSC 9224 January 2008Case Allowed

The respondents, who were work‑charge employees on the Anandpur Sahib Hydel Project, were terminated after the project’s completion under Rule 20(1) and Rule 3‑A of the Certified Standing Orders. They filed a civil suit seeking a declaration that the termination was illegal, reinstatement and back‑wages. The trial cour

DIR. S.C.T.I. FOR MED. SCI & TECH. & ANR.versusM. PUSHKARAN

2007 INSC 118023 November 2007Dismissed

The case concerned M. Pushkaran, whose name appeared at No.4 on a select list for three security‑guard vacancies in a medical institute. While two candidates were appointed and a third declined, Pushkaran was not offered the post and filed a writ petition. The institute later adopted a policy to abolish the vacant post

INDIAN OVERSEAS BANK, ANNA SALAI AND ANR.versusP. GANESAN AND ORS.

2007 INSC 118123 November 2007Appeal(s) allowed

The Supreme Court examined an appeal by Indian Overseas Bank against a Madras High Court order that stayed disciplinary proceedings against four bank employees who were also facing criminal charges for assaulting a rival union president. The employees had been suspended, served charge‑sheets, and a departmental enquiry

STATE OF U.P. AND ORS.versusDESH RAJ

2006 INSC 89123 November 2006Dismissed

Deshraj was appointed on daily wages for specific work in the Public Works Department and filed a writ petition seeking regularisation. The Allahabad High Court, by a single judge, directed the creation of a supernumerary post and ordered payment of minimum pay scale, a decision later upheld by a division bench despite

PRATAP SINGH AND ANR.versusSTATE OF MADHYA PRADESH

2005 INSC 58623 November 2005Appeal(s) allowed

The incident involved the assault and death of Vidya Ram on 20 December 1981, allegedly by the appellants wielding a lathi and bharcha. The sole eye‑witness, a minor named Mangal Singh, claimed he saw the assault from a mound, but his testimony contained material contradictions, including differing accounts of how he r

S.L. CONSTRUCTION & ANR.versusALAPATI SRINIVASA RAO & ANR.

2008 INSC 121623 October 2008Dismissed

The appellants issued a Rs.2 lakh cheque to the respondents on 22 June 2003, which was presented and dishonoured three times within the six‑month period prescribed by Section 138 of the Negotiable Instruments Act. Notices were issued after each presentation, but the first notice was not served and the second was withdr

MAN BAHADURversusSTATE OF H.P.

2008 INSC 108323 September 2008Appeal(s) allowed

Man Bahadur was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a search was conducted without informing him of his statutory right to be searched before a gazetted officer or a magistrate as mandated by Section 50 of the Act. The search memo and other documents failed to show any such c

GOVERNMENT OF INDIA AND ORS.versusINDIAN TOBACCO ASSOCIATION

2005 INSC 37223 August 2005Dismissed

The Government of India introduced the Duty Entitlement Pass Book (DEPB) scheme on 7 April 1997, exempting payment of additional duty under Section 3 of the Customs Tariff Act for exporters registered at specified ports and inland container depots, but Guntur was omitted. A subsequent notification dated 27 November 199

NATIONAL INSURANCE CO. LTD .versusGURUMALLAMMA & ANR.

2009 INSC 94123 July 2009Case 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 compensation. On appe

RESHMA KUMARI AND OTHERSversusMADAN MOHAN AND ANOTHER

2009 INSC 94223 July 2009Matter 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 that earlier decisio

P.K. PALANISAMYversusN. ARUMUGHAM & ANR.

2009 INSC 94323 July 2009Appeal(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 plaint. The respondents,

PANTANGI BALARAMA VENKATA GANESHversusSTATE OF AP.

2009 INSC 94423 July 2009Dismissed

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. Eye‑witnesses, DNA profiling lin

HARIversusSTATE OF MAHARASHTRA

2009 INSC 38523 March 2009Dismissed

Hari, the appellant, was convicted under Section 302 IPC for murdering his cousin Khemsingh and sentenced to life imprisonment, with a co‑accused also convicted under Section 324. The appellant challenged the conviction on three grounds: a delay of a few hours in lodging the FIR, the prosecution’s failure to explain in

VIMAL CHAND GHEVARCHAND JAIN & ORS.versusRAMAKANT EKNATH JAJOO

2009 INSC 38723 March 2009Appeal(s) allowed

The appellant partnership firm claimed title to four godowns in Nasik based on a registered deed of sale executed in 1974 by the respondent's father. The respondent occupied the property as a licencee and later contested the deed, alleging it was a security for a Rs.50,000 loan. The trial court dismissed the suit, hold

BELLACHI (DEAD) BY LRversusPAKEERAN

2009 INSC 38823 March 2009Dismissed

Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and for finding no evide

ABDULWAHAB ABDULMAJID BALOCHversusSTATE OF GUJARAT

2009 INSC 38423 March 2009Appeal(s) allowed

The appellant was part of a group that abducted Bhagvandas Sindhi and attempted to extort money; when the victim resisted, the appellant allegedly fired a revolver at him, causing a fatal head wound. The weapon and a bullet were later recovered, and a ballistic expert testified that the bullet was fired from the seized

VISHWANATH BAPURAO SABALEversusSHALINIBAI NAGAPPA SABALE & ORS.

2009 INSC 39023 March 2009Dismissed

The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs of Shivappa sued Vis

JAISHREE ANANT KHANDEKARversusSTATE OF MAHARASHTRA

2009 INSC 39123 March 2009Dismissed

The victim Aruna suffered severe burns after the appellant Jaishree allegedly poured kerosene on her and set her alight; Aruna died fifteen days later. During her dying period she gave five dying declarations, which were recorded by medical staff and police. The trial court convicted Jaishree of murder under Section 30

STATE OF KERALA & ANR.versusMAHESH KUMAR & ORS.

2009 INSC 23923 February 2009Dismissed

The State of Kerala introduced a "direct payment system" for staff of Dr. Padiar Memorial Homoeopathic Medical College, fixing 40 senior teaching and 50 non‑teaching staff for salary payment. Eight teaching staff members (the respondents) were excluded from the list despite holding recognized homoeopathic qualification

STATE OF KERALA & ANR.versusNAVEENA PRABHU & ORS.

2009 INSC 24023 February 2009Appeal(s) allowed

The State of Kerala entered into an agreement with Dr. Padiar Memorial Homoeopathic Medical College to introduce a 'direct payment system' for its teaching and non‑teaching staff, effective from 1 January 2000. Subsequent Government Orders expressly excluded the staff of the hospital attached to the college from this b

UTTRANCHAL FOREST DEVELOPMENT CORPORATIONversusM.C. JOSHI

2007 INSC 19423 February 2007Case Partly allowed

The appellant Uttarakhand Forest Development Corporation terminated the services of M.C. Joshi, a seasonal daily‑wage worker, on 24 November 1991. After a delay of six years, Joshi raised an industrial dispute, and the Labour Court held that the corporation had contravened Section 6N of the U.P. Industrial Disputes Act

KHAZAN SINGH (D) BY LRS.versusGURBHAJAN SINGH AND ORS.

2007 INSC 19523 February 2007Appeal(s) allowed

The case concerned a decree for possession of 2 bighas 17 biswas of agricultural land granted in 1953, of which only 10 biswas were actually delivered and the remaining 2 bighas 7 biswas were said to be in symbolic possession. The decree holder later sought delivery of certain "kothas" (structures) marked EFGH on the s

HARJIT SINGH AND ANR.versusTHE STATE OF PUNJAB AND ANR.

2007 INSC 19623 February 2007Case Partly allowed

Harjit Singh and another, constables in the Punjab Police, were dismissed for being absent from guard duty at a hospital where an elderly convict was shackled. They challenged the dismissal, arguing that the disciplinary authority had not complied with Rule 16.2 of the Punjab Police Rules and the principles of natural

M/S VIVIDH MARBLES PVT. LTD.versusCOMMERCIAL TAX OFFICER

2007 INSC 19723 February 2007Dismissed

The State of Rajasthan introduced two sales‑tax incentive schemes, a 1987 scheme offering 100% exemption and a 1989 scheme offering 75% exemption, and allowed entrepreneurs to opt for one. Vividh Marbles Pvt Ltd chose the 1989 scheme and obtained an eligibility certificate, but the assessing authority mistakenly grante

NAIR SERVICE SOCIETYversusSTATE OF KERALA

2007 INSC 19823 February 2007Case Allowed

The Supreme Court examined the validity of the Kerala government's notification dated 27 May 2000, which accepted the Narendran Commission report on identifying the ‘creamy layer’ among Other Backward Classes. The petitioners, Nair Service Society, argued that the notification violated the Supreme Court’s earlier direc

P. MOHANAN PILLAIversusSTATE OF KERALA AND ORS.

2007 INSC 20323 February 2007Appeal(s) allowed

The appellant, a worker of Oil Palm India Limited, applied for one of twelve vacant watchman/messenger/attender posts. Although he topped the written exam, the company later enlarged the interview zone from a 1:3 to a 1:4 ratio, lowered the cut‑off marks to 46 and fixed 100 marks for the viva, subsequently appointing t

MANISH MAHESHWARIversusASS TT. COMMISSIONER OF INCOME TAX AND ANR.

2007 INSC 20423 February 2007Appeal(s) allowed

The assessee company Mis Indore Construction Co. Pvt. Ltd. was subjected to a block assessment under Section 158BC of the Income Tax Act after a search was conducted at the residence of its director, Rameshwar Maheshwari, under Section 132. The Assessing Officer issued a notice under Section 15880 but did not record an

M/S. MAHIM PATRAM PRIVATE LTD.versusUNION OF INDIA & ORS.

2007 INSC 20523 February 2007Dismissed

Mahim Patram Private Ltd., a contractor printing examination papers for entities outside Uttar Pradesh, was assessed sales tax on its works contracts for AY 2002‑03 and 2003‑04. The Central Sales Tax Act, 1956 had been amended to bring works contracts within the definition of "sale" but no Central rule prescribed the m

ASHOK KUMAR SONKARversusUNION OF INDIA AND ORS.

2007 INSC 20623 February 2007Dismissed

The appellant applied for a lecturer post at Banaras Hindu University in May 1995 without having completed the mandatory M.D. qualification, though he submitted a certificate of admission and later passed the exam in October 1995. The University’s Visitor (the President of India) annulled his appointment under Section

EERATI LAXMANversusSTATE OF A.P.

2009 INSC 6123 January 2009Appeal(s) allowed

Eerati Laxman was convicted of murder under s.302 IPC for killing Pittala Chandrakala on 9 May 1994 and sentenced to life imprisonment. He contended that he was a juvenile under the Juvenile Justice Act, 1986, claiming his birth date was 10 May 1978, and thus had not attained the age of 16 at the time of the offence. T

GIRDHAR KUMAR DADHITCH AND ANR.versusST ATE OF RAJASTHAN AND ORS.

2009 INSC 6823 January 2009Dismissed

The appellants sought appointment to two vacant Physical Education Teacher posts after a 1998 recruitment, claiming they were entitled under the merit list prepared that year. The recruitment rules granting bonus marks were declared unconstitutional by the Rajasthan High Court in 1999, and the Supreme Court in Kaushal 

AMLAN JYOTI BOROOAHversusSTATE OF ASSAM AND ORS.

2009 INSC 6923 January 2009Dismissed

The Assam Police advertised 112 Sub‑Inspector vacancies requiring a written test, a physical ability test and an interview, with the interview to follow the two tests. The Selection Committee, however, conducted interviews before the physical test, a procedural deviation the Supreme Court held to be a serious error. Th

ACADEMY OF GENERAL EDU., MANIPAL & ANR.versusB. MALINI MALLYA

2009 INSC 5623 January 2009Dismissed

Dr. Karanth, a noted cultural figure, created a new form of Yakshagana ballet called Yaksharanga, comprising seven Prasangas, and bequeathed the copyright in these works to Malini Mallya by a will. The Academy of General Education performed the ballets without obtaining permission, leading the trial court to grant a pe

M/S.AGRI GOLD EXIMS LTD.versusM/S. SRI LAKSHMI KNITS & WOVENS AND ORS.

2007 INSC 6923 January 2007Dismissed

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court dismissed the applicati

ROSALIV.versusTAICO BANK AND ORS.

2007 INSC 7023 January 2007Appeal(s) allowed

The appellant, RosaliV, challenged the setting aside of an auction sale of immovable property by the executing court, which had held the sale void because the purchaser did not deposit the statutory 25% deposit on the same day and because the sale was confirmed before the 30‑day period expired. The Supreme Court examin

MOHINDER SINGHversusSTATE OF PUNJAB AND ORS.

2007 INSC 7123 January 2007Dismissed

The District Collector ordered redemption of a mortgaged land parcel, an order that became final after the Supreme Court dismissed a Special Leave Petition. The appellant, Mohinder Singh, contended that the earlier mortgage had not been redeemed and that a receipt for Rs.425, allegedly received by the mortgagees, shoul

ASHOK KUMAR AND ORS.versusSTATE OF HARYANA AND ANR.

2007 INSC 7223 January 2007Appeal(s) allowed

The appellants, owners of land acquired under a notification dated 20‑12‑1996 issued under Section 4(1) of the Land Acquisition Act, 1894, challenged the notification by filing a suit and obtained an interim injunction on 30‑08‑1997. The injunction was extended by the Civil Judge to specific dates, the last extension b

P.V. GEORGE AND ORS.versusSTATE OF KERALA AND ORS.

2007 INSC 7323 January 2007Dismissed

The appellants, employees of the Kerala Government Press Subordinate Services, were threatened with reversion of their promotions after the Kerala High Court Full Bench upheld the constitutionality of a 1:1 promotion ratio between diploma‑holders and certificate‑holders, overruling an earlier decision (Daniel) and affi

PARME HANSDA AND ANOTHERversusSTATE OF BIHAR(NOW JHARKHAND)

2006 INSC 87522 November 2006Appeal(s) allowed

The deceased, Jharia Kisku, was alleged to have been caught stealing and was tied and assaulted by the accused, Parme Hansda and Churka Hansda, along with other villagers. He later died from his injuries. The trial court convicted the accused under IPC Sections 304 (culpable homicide not amounting to murder) and 342 (w

UNION OF INDIA AND ANR.versusKUNISETTY SATYANARAYANA

2006 INSC 87622 November 2006Appeal(s) allowed

The respondent, a clerk in the Postal Department, was initially appointed as an open category (OC) employee but later obtained promotions to posts reserved for Scheduled Tribes (ST) by falsely claiming ST status on his school certificate. After a show‑cause notice, he admitted he did not belong to the ST community, lea

COMMISSIONER OF INCOME TAX, KOLKATAversusM/S. HOOGL Y MILLS CO. LTD.

2006 INSC 87722 November 2006Appeal(s) allowed

The respondent, Hooghly Mills Co. Ltd., purchased an industrial undertaking from Fort Gloster Industries Ltd. and, under the sale agreement, assumed the vendor’s accrued and future gratuity liability of about Rs 3.5 crore. The assessee claimed depreciation on this amount under Section 32 of the Income Tax Act, arguing

RAM CHANDRA SRIVASTAVAversusCHAIRMAN, DDA AND ANR.

2006 INSC 87922 November 2006Appeal(s) allowed

Ram Chandra Srivastava challenged the service charge and ground rent levied by the Delhi Development Authority (DDA) through a writ petition. The Single Judge of the Delhi High Court dismissed the petition, holding that the service charge was a tax unrelated to services and that the accounting of ground rent was not un

M/S. RELIANCE SALT LTD.versusM/S. COSMOS ENTERPRISES AND ANR.

2006 INSC 88022 November 2006Appeal(s) allowed

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day period, prompting t

GANGARAM SHANTARAM SALUNKHEversusTHE STATE OF MAHARASHTRA

2006 INSC 88122 November 2006Dismissed

The appellant, Gangaram Shantaram Salunkhe, was convicted under IPC Section 302 read with Section 34 for the murder of Bhaulal Jadhav. The prosecution relied on two eye‑witnesses (PW4 and PW5), a dying declaration of the deceased recorded by PW6, and medical evidence. The appellant challenged the identification, arguin

SURENDERversusSTATE OF HARYANA

2006 INSC 88222 November 2006Dismissed

The Supreme Court examined the appeal of Surender, convicted under Sections 306/34 (abetment of suicide) and 498A/34 (dowry harassment) of the IPC. The prosecution proved that Pushpa, his wife, was repeatedly harassed and beaten for dowry demands, was expelled from the matrimonial home, and later committed suicide whil

BABU SINGH AND ANOTHER.versusRESHAMPAL SINGH AND ANR.

2006 INSC 88322 November 2006Dismissed

The trial court convicted Reshampal Singh and another for murder under Section 302 of the IPC and sentenced them to death. The Punjab and Haryana High Court affirmed the conviction but reduced the sentence to life imprisonment, imposed a fine of Rs. 50,000 and additional rigorous imprisonment for default, and upheld a

WHIRLPOOL OF INDIA LTD., BANGALORE (KARNATAKA)versusTHE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE 3) SOUTH ZONE, BANGALORE (KARNATAKA)

2006 INSC 88422 November 2006Dismissed

Whirlpool of India Ltd., a licensed user of the "Whirlpool" trademark, entered into an OEM agreement with Applicomp India Ltd. to manufacture appliances under the brand. Applicomp was exempt from sales tax under a State Government notification issued under Section 19C of the Karnataka Sales Tax Act, 1957. The dispute c

NIRMAL SINGH KAHLONversusSTATE OF PUNJAB AND ORS.

2008 INSC 121122 October 2008Dismissed

A writ petition challenged the selection of Panchayat Secretaries and alleged irregularities involving the former Rural Development Minister, Nirmal Singh Kahlon. The High Court, after a prima facie finding of fraud, directed an inquiry which led to a Vigilance Department FIR and charge‑sheet. The Court then ordered th

RIKHABSAO NATHUSAO JAINversusCORPN. OF THE CITY OF NAGPUR & ORS.

2008 INSC 121222 October 2008Appeal(s) allowed

The appellant, a neighbour of respondent No.2, sought a mandatory injunction against the Nagpur Corporation and respondent No.2 to stop unauthorised construction and to prevent the corporation from granting any building‑plan sanction. The District Judge, invoking Section 286(5) of the City of Nagpur Corporation Act, is

MOHD. YUNUS KHANversusU.P. POWER CORPORATION LTD. AND ORS.

2008 INSC 121322 October 2008Appeal(s) allowed

Mohd. Yunus Khan was appointed as a patrolman in 1968 but his date of birth was mistakenly entered as 27‑02‑1934 instead of the correct 01‑07‑1948. He discovered the error in 1988, filed representations for correction, which were ignored, and was forced to retire in 1992 based on the wrong date. A writ petition stayed

CHET RAMversusJIT SINGH & ANR.

2008 INSC 121422 October 2008Dismissed

The appellants, who were Gramin Oak Sewaks (rural postal workers), contested elections to the Nagar Panchayat of Sardulgarh. Their candidature was challenged under Section 11(g) of the Punjab State Election Commission Act, 1994, which disqualifies any person holding an office of profit under the Government. The central

SURENDRA SINGH GAURversusSTATE OF M.P. AND ORS.

2006 INSC 64322 September 2006Dismissed

Surendra Singh Gaur, originally appointed as Assistant Agriculture Engineer in Madhya Pradesh, voluntarily requested transfer to the Irrigation Department in 1975, where he was absorbed as Assistant Engineer in 1981. The Agriculture Department later granted him a proforma promotion to Class‑I effective from 1979, but r

RANGNATH HARIDASversusDR. SHRIKANT B. HEGDE

2006 INSC 53922 August 2006Disposed off

The respondent purchased a flat from the appellant under an agreement dated 16 September 1985 and later filed a suit for specific performance. During the suit the parties executed a consent decree on 1 November 1991, confirming the original agreement and setting reciprocal obligations: the appellant to hand over the fl

EXCISE COMMISSIONER & ORS.versusAJITH KUMAR & ANR.

2008 INSC 50722 April 2008Dismissed

The respondents, Ajith Kumar and another, were licencees under the Kerala Abkari Act for the period 1‑April‑1993 to 31‑March‑1994, after which their licence was cancelled and the shop was placed under department management. The department collected Rs 31,49,288 as abkari dues, which the respondents claimed should be ad

P.D. LAKHANI AND ANR.versusSTATE OF PUNJAB AND ANR.

2008 INSC 50822 April 2008Case Allowed

The appellants, owners of Lakhani Rubber Udyog Ltd, lodged a complaint alleging trademark infringement by Saraswati Utpadan Pvt Ltd. The complaint was initially made to the Station House Officer (SHO), who directed the complainant to approach the Senior Superintendent of Police (SSP). The SSP ordered an investigation,

ASHUTOSH CHATURVEDIversusPRANO DEVI @ PARANI DEVI & ORS.

2008 INSC 50922 April 2008Dismissed

The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to amend the plaint to c

MG. DIR., BANGALORE METROPOLITAN TPT. CORP.versusSAROJAMMA & ANR.

2008 INSC 51022 April 2008Case Partly allowed

The case involved a claim under Section 163‑A of the Motor Vehicles Act for the death of an 18‑year‑old tutor in a bus accident. The Motor Accident Claims Tribunal awarded compensation of Rs 3,84,000 using a multiplier of 16 and deducted one‑third of the deceased’s estimated monthly income of Rs 3,000 for personal expe

ORIENTAL INSURANCE CO. LTD.versusRAJNI DEVI & ORS.

2008 INSC 51122 April 2008Case Partly allowed

The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle irrespective of who was dr

N. LOKNATHAMversusCHAIRMAN, TELECOM COMMISSION & ORS.

2008 INSC 51322 April 2008Dismissed

The appellant, a Junior Accounts Officer, failed the Part‑II departmental examination and claimed that 65 marks of Paper‑IX were based on questions outside the prescribed syllabus. He filed an original application before the Central Administrative Tribunal (CAT) seeking a direction to award the minimum qualifying marks

PUNJAB STATE ELECTRICITY BOARD & ORS.versusGURMAIL SINGH

2008 INSC 51422 April 2008Case Partly allowed

Gurmail Singh, a senior employee of the Punjab State Electricity Board (PSEB), was promoted to Upper Division Clerk (UDC) in 1986 and later opted for UDC as his induction post, thereby losing the revised Lower Division Clerk (LDC) pay scale that his junior colleagues received. He filed a writ petition challenging the B

PUNJAB STATE AND ORS.versusHARVINDER SINGH

2008 INSC 24622 February 2008Dismissed

Harvinder Singh, a decree‑holder, applied during execution for interest on the decree amount, although the decree was silent on interest. The trial court allowed 12% interest, a decision upheld by the High Court. The Supreme Court set aside those orders, holding that an executing court lacks jurisdiction to award inter

VIDYADHARI AND ORSversusSUKHRANA BAI AND ORS.

2008 INSC 7922 January 2008Case Allowed

The case concerned two applications for a succession certificate under s.372 of the Indian Succession Act, 1925, filed by Vidyadhari (the second wife and nominee) and Sukhrana Bai (the first wife) for the movable assets of the deceased Sheetaldeen, a coal‑field employee. The trial court granted the certificate to Vidya

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.versusSURJI DEVI

2008 INSC 8022 January 2008Appeal(s) allowed

The widow of Late Shri Krishan, who had been employed on a work‑charge basis by Uttar Haryana Bijli Vitran Nigam Ltd., applied for a family pension under the Family Pension Scheme contained in Appendix 1 of the Punjab Civil Services Rules. The High Court allowed the claim, relying on a prior decision (Kanta Devi) and o

RAKESH KUMAR JOSHIversusNARENDRA KUMAR & ORS.

2008 INSC 8122 January 2008Case Allowed

The mother of the respondents, as landlord, filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a shop on the ground of bona‑fide requirement for her grandson's business. The trial court dismissed the petition; the Rent C

NATIONAL INSURANCE COMPANY LTD.versusANNAPPA IRAPPA NESARIA AND ORS.

2008 INSC 8222 January 2008Dismissed

In 1999 a Matador Van, insured by National Insurance Company Ltd., met with an accident that caused the death of the wife of the plaintiff. The insurer contended that the driver, who held a licence for a "light motor vehicle" (LMV), was not authorized to drive the van, which was a goods‑carriage (transport) vehicle, an

NEHRU YUVA KENDRA SANGATHANversusMEHBUB ALAM LASKAR

2008 INSC 8322 January 2008Disposed off

The Nehru Yuva Kendra Sangathan terminated the services of Mehboob Alam Laskar, a probationary youth coordinator, alleging financial irregularities and citing a preliminary enquiry conducted without his knowledge. Laskar filed representations and multiple writ petitions seeking reinstatement, arguing that the terminati

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusLEELA SINGH

2007 INSC 6722 January 2007Appeal(s) allowed

Leela Singh was appointed as a lineman in the Punjab State Electricity Board on the basis of an experience certificate that was later alleged to be forged. While a vigilance inquiry was pending, she obtained relief from the Board's Administrative Member, who allowed her continuation in service with a deduction of one y

KALYAN SINGHversusSTATE OF MADHYA PRADESH

2006 INSC 87421 November 2006Appeal(s) allowed

On 31 July 1989, a group of accused, including Kalyan Singh, allegedly surrounded a well where Durga Singh Rawat was bathing and Kalyan Singh is said to have urged Budh Singh to fire, resulting in the victim's death. The trial judge, after detailed analysis of witness statements and noting inconsistencies and the enmit

STATE OF MAHARASHTRAversusTULSHIRAM BHANUDAS KAMBLE AND ORS.

2007 INSC 85021 August 2007Appeal(s) allowed

The State of Maharashtra prosecuted fifteen accused for a violent incident in which two persons were killed and three injured. The trial court convicted five of them under Section 302 IPC (murder) with life imprisonment and others under Sections 324 and 452 IPC. The Bombay High Court acquitted the accused of the murder

RAM BADAN SHARMAversusSTATE OF BIHAR

2006 INSC 52821 August 2006Dismissed

The Supreme Court examined the case of Ram Badan Sharma and his father-in‑law, who were accused of killing their daughter‑in‑law Sanju Kumari by poisoning her after persistent demands for a colour TV, a motorcycle and cash. The prosecution proved that the accused repeatedly demanded dowry, harassed and beat the victim,

COMMITTEE OF MANAGEMENT, KANYA JUNIOR HIGH SCHOOL BAL VIDYA MANDIR, ETAH, U.P.versusSACHIV, U.P. BASIC SHIKSHA PARISHAD ALLAHABAD, U.P. AND ORS.

2006 INSC 52921 August 2006Appeal(s) allowed

The Committee of Management of Kanya Junior High School, a Jain‑run minority institution, terminated Assistant Teacher Santosh Upadhyay for acts of indiscipline after a show‑cause notice, suspension and enquiry. She challenged the termination, arguing that under Rule 11 of the Uttar Pradesh Recognised Basic School Rule

GWALIOR DUGDHA SANGH SAHAKARI LTD.versusG.M. GOVT. MILK SCHEME, NAGPUR AND ORS.

2003 INSC 41121 August 2003Disposed off

Gwalior Dugdha Sangh Sahakarj Ltd, a society registered under the Madhya Pradesh Co-operative Societies Act, entered into milk supply agreements with the Government Milk Scheme, Nagpur, which were executed in Maharashtra. The agreements contained an arbitration clause designating the Dairy Development Commissioner, Bom

JAI KUMARversusSTATE OF HARYANA

2009 INSC 92821 July 2009Dismissed

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 392, 397 and 302 rea

RAMESH DUTI & ORS.versusSTATE OF PUNJAB & ORS.

2009 INSC 92921 July 2009Appeal(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 120B of the IPC. The ap

SONU BABU BHAMBID & ORS.versusDREAM DEVELOPERS & ORS.

2009 INSC 93021 July 2009Dismissed

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 designated plot. The appell

P.A. JAYALAKSHMIversusH. SARADHA AND ORS.

2009 INSC 93421 July 2009Dismissed

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 under Order VIII Ru

KISHAN LALversusDHARMENDRA BAFNA & ANR.

2009 INSC 93621 July 2009Dismissed

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) of the CrPC, a direc

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

2009 INSC 93721 July 2009Appeal(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 parties filed revie

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