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UDAY UMESH LALIT

304 judgments · newest first · showing 201–304

JITEN K. AJMERA & ANR.versusM/S TEJAS CO-OPERATIVE HOUSING SOCIETY

2019 INSC 625Appeal(s) allowed

The appellants, sons of the deceased owner of a housing project, were directed by the District Consumer Forum to obtain an occupancy certificate and execute a conveyance deed for the co‑operative housing society. They appealed to the State Consumer Commission, and during the pendency of that appeal …

THE STATE OF JAMMU AND KASHMIR AND ORS.versusFARID AHMAD TAK

2019 INSC 617Directions issued

The respondent, a Junior Engineer in the Jammu and Kashmir Power Development Department, was compulsorily retired under Article 226(2) of the Jammu and Kashmir Civil Service Regulations after a vigilance FIR alleged bribery and a sanction for prosecution was granted. The respondent challenged the …

NAND KUMAR MANJHI & ANR. ETC.versusTHE STATE OF BIHAR & ORS. ETC.

2019 INSC 546Dismissed

The State of Bihar advertised 40 Assistant Conservator of Forests (ACF) posts in 1985 and filled them by December 1987. Unsuccessful candidates, including the appellants, lobbied the government and were appointed on 13 April 1988 despite the merit list being exhausted, an appointment the Court held …

ASHATAI W/O ANAND DUPARTEversusSHRIRAM CITY UNION FINANCE LTD.

2019 INSC 540Appeal(s) allowed

The appellant, a widow, claimed that her deceased husband had paid an insurance premium for a loan secured by Shriram City Union Finance Ltd., but the finance company delayed forwarding the premium to its sister insurance company, resulting in a failure to activate the policy. The District Forum and …

PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY & ANR.versusKARAMJIT SINGH

2019 INSC 529Appeal(s) allowed

The respondent, Karamjit Singh, was initially appointed as a daily‑wage chowkidar and later regularized through an Office Order that allegedly interpolated his name into the final list of employees, despite not having the requisite three years of continuous service. The Punjab Urban Planning and …

ATMA RAM & ORS.versusSTATE OF RAJASTHAN

2019 INSC 516Dismissed

The appellants were convicted of multiple murders and sentenced to death. The trial court recorded the statements of twelve prosecution witnesses without the accused being present, violating Section 273 of the CrPC. The High Court set aside the conviction and ordered a de novo examination of those …

SHAILNDRA KUMAR JAIN AND OTHERSversusMAYA PRAKASH JAIN AND OTHERS

2019 INSC 501Disposed off

In 1966 a son filed a suit for partition of his parents' joint family property, which was decreed by compromise among the parents and three brothers. After the decree, in 2006 one of the brothers (Maya Prakash Jain) filed a suit claiming exclusive ownership of certain properties, asserting a later …

NARENDER KUMARversusUNION OF INDIA AND OTHERS

2019 INSC 470Dismissed

The appellant challenged the forfeiture of his family’s properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the underlying detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities …

THE SECRETARY, LUCY SEQUEIRA TRUST AND ANR.versusKAILASH RAMESH TANDEL AND ORS.

2019 INSC 477Appeal(s) allowed

The appellant, a trust managing a private school, terminated the services of Assistant Teacher Respondent No.1 after an inquiry found him guilty of sexual harassment of adolescent girl students, based on two FIRs, charge‑sheets and witness testimony. The Inquiry Committee, comprising a Convenor, a …

HAMMAD AHMEDversusABDUL MAJEED & ORS.

2019 INSC 460Appeal(s) allowed

The case concerned a dispute over who should serve as Chief Mutawalli of Hamdard Laboratories (India) after the death of the previous Chief Mutawalli, Abdul Mueed. The appellant, Hammad Ahmed, claimed that the senior-most male descendant of the Wakif Mutawalli, as stipulated in the 1948 Deed as …

PAWAN KUMARversusBABULAL SINCE DECEASED THROUGH LRS. AND ORS.

2019 INSC 454Appeal(s) allowed

Pawan Kumar filed a suit seeking declaration of title over a shop, alleging he paid the purchase price while the deed was placed in his father's name. The second defendant moved an Order VII Rule 11 application to dismiss the suit on the ground that it was barred by Section 4 of the Benami …

PIONEER URBAN LAND & INFRASTRUCTURE LTD.versusGOVINDAN RAGHAVAN

2019 INSC 458Dismissed

Pioneer Urban Land & Infrastructure Ltd. (the builder) launched the Araya Complex project and entered into an Apartment Buyer’s Agreement with Govindan Raghavan (the flat purchaser) to sell an apartment for Rs.4.83 crore, obligating the builder to obtain an occupancy certificate within 39 months of …

SERIOUS FRAUD INVESTIGATION OFFICEversusRAHUL MODI AND ANR. ETC.

2019 INSC 408Disposed off

The Central Government assigned the Serious Fraud Investigation Office (SFIO) to investigate a group of companies under an order dated 20‑06‑2018, directing a report within three months. The SFIO arrested Rahul Modi and others on 10‑12‑2018, after the three‑month period had expired, leading the …

PAVAN VASUDEO SHARMAversusSTATE OF MAHARASHTRA THROUGH SECRETARY

2019 INSC 396Appeal(s) allowed

The appellant, Pavan Vasudeo Sharma, was arrested during a raid on a kidnapping case and a 9 mm service pistol, live cartridges and two mobile phones were seized from him. The prosecution alleged that the pistol, originally belonging to a police Naik, was used to murder Bhima Waghmare and that the …

P. BANDOPADHYA & ORS.versusUNION OF INDIA & ORS.

2019 INSC 390

The appellants were employees of the Overseas Communications Service (OCS) which was converted into Videsh Sanchar Nigam Limited (VSNL) in 1986. They exercised the option to be absorbed into VSNL on 2 January 1990 and also chose to retain pension benefits under Central Government rules, despite …

THE ELECTRONIC CORPORATION OF INDIA LTD. AND ANR.versusM. SHIVANI AND ANR.

2019 INSC 338Appeal(s) allowed

The Electronic Corporation of India Ltd. issued a recruitment notification prescribing an upper age limit of 28 years, with relaxation up to 40 years for persons who had worked directly for the corporation as senior or junior artisans. The respondents, who were engaged through a manpower‑supplying …

BABU RAMversusSANTOKH SINGH (DECEASED) THROUGH HIS LRS AND OTHERS

2019 INSC 335Dismissed

Two brothers inherited agricultural land in Himachal Pradesh; one brother sold his share to Babu Ram, prompting the other brother to seek a prohibitory injunction claiming a preferential right under Section 22 of the Hindu Succession Act, 1956. The trial court dismissed the suit, but the appellate …

K. ANANDA RAO ETC.versusSRI S.S. RAWAT, IAS AND ORS. ETC.

2019 INSC 331Dismissed

After the bifurcation of Andhra Pradesh, the State Government issued a series of orders raising the superannuation age for its employees from 58 to 60 years. The Supreme Court, in an order dated 9 August 2017, held that employees who retired on attaining 58 years on or after 2 June 2014 were …

R. DHANASUNDARI @ R. RAJESWARIversusA.N. UMAKANTH & ORS.

2019 INSC 318Dismissed

The suit was filed to cancel a sale deed executed by a former partner (defendant No.1) in favour of defendant No.2, alleging that the property vested in the plaintiff after the partnership was dissolved. After the original plaintiff died, his heirs were impleaded; one heir (plaintiff No.5) sold the …

SANT DNYANESHWAR SHIKSHAN SANSTHA AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2019 INSC 310Dismissed

A primary Ashram school in Jalgaon was derecognised in 2010 and its employees were ordered to be absorbed in other schools. In 2012 the Maharashtra Government passed a resolution handing over the closed school to Sant Dnyaneshwar Shikshan Sanstha, relocating it 400 km away, and directing the …

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-IversusNRA IRON & STEEL PVT. LTD.

2019 INSC 314Appeal(s) allowed

The assessee, NRA Iron & Steel Pvt. Ltd., claimed receipt of Rs 17.6 crore as share capital/premium from various companies in AY 2009‑10. The Assessing Officer questioned the genuineness of the transaction and issued notices, but the investor companies did not appear and field enquiries revealed …

STATE OF PUNJAB AND ORS.versusGURBARAN SINGH

2019 INSC 303Disposed off

Gurbaran Singh, a pharmacist employed by the Punjab State Health Services since 1975, resigned in 1986 and was granted only gratuity and provident fund, not pension. He filed a suit seeking pensionary benefits, and the trial and appellate courts awarded him pension, which the State of Punjab …

DINESH TEXTILESversusCOMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT

2019 INSC 294Dismissed

The appellants, traders of cotton fabrics and made‑ups, supplied raw material to over 70 job workers and cleared goods worth more than Rs 1.45 crore without paying excise duty. The Revenue issued show‑cause notices alleging duty liability, arguing that under Rule 12B of the Central Excise Rules the …

ABDUL HAKEEM M.A. & ORS.versusMAHATMA GANDHI UNIVERSITY & ORS.

2019 INSC 293Appeal(s) allowed

The appellants, lecturers and professors appointed to the University College of Engineering, Thodupuzha (a self‑financing institution under Mahatma Gandhi University), challenged the university's refusal to extend pay‑revision benefits, arguing that they were appointed to substantive, permanent …

M/S. MODEL ECONOMIC TOWNSHIP LTD.versusLAND ACQUISITION COLLECTOR

2019 INSC 269Dismissed

The case concerns a land acquisition of 136 acres where the award initially fixed compensation at Rs 25 lakh per acre. The Reference Court later raised it to Rs 41.81 lakh per acre, but the petitioner (M/s Model Economic Township Ltd., holding 15 acres) did not file a reference application. It …

UNION OF INDIA & ORS.versusCOASTAL CONTAINER TRANSPORTERS ASSOCIATION & ORS.

2019 INSC 272Appeal(s) allowed

The Union of India issued show‑cause notices under Section 73 of the Finance Act, 1994, demanding service tax from Coastal Container Transporters Association and its members, classifying their activities as "cargo handling services". The respondents contended that their services fell under the …

SANJAY SINGH AND ANR.versusCENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD.

2019 INSC 251Appeal(s) allowed

The appellants booked a residential plot for a villa with the respondent, paying all instalments but later being demanded a balance of Rs.5,13,850 plus interest. The respondent filed a summary suit for recovery, which was dismissed, and the appellants obtained a consumer forum order directing …

MUNICIPAL COUNCIL THANESARversusVIRENDER KUMAR ETC.

2019 INSC 227Case Partly allowed

The Municipal Council Thanesar auctioned shop premises to the respondents, but disputes arose over completion and possession. An arbitrator awarded the council to complete the work and to pay interest on advance rent and non‑refundable security at 7% per annum, without specifying the mode of …

GIRIRAJ GARGversusCOAL INDIA LTD. & ORS.

2019 INSC 211Appeal(s) allowed

The appellant, a coal buyer, entered into several sale orders under Coal India Ltd.'s 2007 e‑auction scheme, which contained an arbitration clause (Clause 11.12). After the appellant was deemed to have breached the scheme and his earnest money deposit was forfeited, he invoked the arbitration …

ESSAR SHIPPING LTD.versusTHE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA

2019 INSC 203Appeal(s) allowed

Essar Shipping's vessel M.V. Chennai Nermai collided with a coal loader while being berthed at Haldia Dock, causing damage. The Master initially denied liability but later signed an endorsement accepting responsibility under protest. The Government appointed a four‑member technical Committee which …

PERRY KANSAGRAversusSMRITI MADAN KANSAGRA

2019 INSC 215Appeal(s) allowed

The appeal concerned a custody dispute over a child born to Perry Kansagra and Smriti Madan Kansagra. After mediation failed, the High Court had held that the mediator’s and counsellor’s reports were confidential and could not be used, and later set aside that decision on review. The Supreme Court …

STATE BANK OF INDIA & ORS.versusSHEO SHANKAR TEWARI

2019 INSC 164Matter referred to larger bench

The father of the respondent died while employed with State Bank of India and the respondent applied for compassionate appointment on 03‑03‑2005 under the then‑existing "Dying in Harness" scheme. Before the application could be considered, SBI introduced a new scheme on 04‑08‑2005 providing only …

SUMIT KUMAR SAHAversusRELIANCE GENERAL INSURANCE COMPANY LTD.

2019 INSC 114Appeal(s) allowed

The appellant purchased a hydraulic excavator in 2007 and insured it for Rs 46,56,600 for the period 22‑07‑2009 to 21‑07‑2010. The excavator was totally destroyed by fire in June 2010. While the insurer’s surveyor calculated depreciation from the original purchase price, the appellant’s surveyor …

UNION OF INDIAversusRADHA YADAV

2019 INSC 109Disposed off

In 2003 a railway passenger, Dasarath Yadav, died after his head struck a post when he leaned out of a train compartment. The Railway Claims Tribunal held he was responsible for his own death and denied compensation under Section 123 of the Railways Act, 1989. The High Court reversed, invoking …

SRI SURESH KUMAR GOYAL AND OTHERSversusSTATE OF UTTAR PRADESH AND ANOTHER

2019 INSC 46Appeal(s) allowed

The complainant alleged that the appellants had forged his signature to obtain bonus shares of Reliance companies and refused to return the original shares, leading to a criminal complaint under various IPC sections. The magistrate initially dismissed the complaint, but a revision remanded it, after …

WAZIR & ANR.versusSTATE OF HARYANA

2019 INSC 45Disposed off

In 2002 the Haryana government acquired about 1,500 acres of land in six villages for the Manesar industrial township. The landowners challenged the compensation awarded under Section 23 of the Land Acquisition Act, 1894, arguing that the market values fixed by the High Court – Rs 41.40 lakhs per …

URVASHIBEN & ANR.versusKRISHNAKANT MANUPRASAD TRIVEDI

2018 INSC 1212Leave Granted & Dismissed

The plaintiff filed a suit for specific performance of an agreement to sell dated 13 March 1992, alleging that the entire consideration of Rs.32 lakh had been paid but the sale deed was never executed and the property was later sold to a third party. The defendants moved an application under Order …

PRAKASH CHAND DAGAversusSAVETA SHARMA & ORS.

2018 INSC 1213Dismissed

The appellant, Prakash Chand Daga, sold his Santro car to Saveta Sharma on 11 September 2009 and the vehicle was involved in an accident on 9 October 2009, injuring Rakesh Kumar. The Motor Accident Claims Tribunal awarded compensation of Rs.12.47 lakh, holding the driver and the first respondent …

GUPTESWAR BEHERAversusSTATE OF ODISHA AND ANOTHER

2018 INSC 1211Appeal(s) allowed

The victim Raghumani was allegedly attacked by five persons and, while dying, named the assailants in separate statements to his brother (PW1) and the investigating officer (PW15). The prosecution relied on these dying declarations, eye‑witness testimony recorded days later, and medical evidence …

H. K. SINGLAversusAVTAR SINGH SAINI & ORS.

2018 INSC 1209Disposed off

The complainant deposited money with the Employees Co-operative USE Thrift and Credit Society, which failed to repay the amount with interest as promised. The District Forum ordered the society to pay the maturity amount, interest, compensation and costs, and also sentenced the society's secretary, …

SHANTHAMALLESHAPPAversusSTATE OF KARNATAKA

2018 INSC 1183Appeal(s) allowed

The accused were charged under Section 436 read with Section 34 of the IPC for allegedly throwing kerosene on a thatched shed and setting it alight. The trial court convicted all four accused and imposed fines; the High Court enhanced the sentence of accused No.1 and set aside the convictions of the …

AMOL VITTHALRAO KADUversusSTATE OF MAHARASHTRA & ORS.

2018 INSC 1185Disposed off

Parents and daughter of Pravin filed a writ petition alleging his custodial death in a police lock‑up. The Bombay High Court ordered the State to pay Rs 7 lakhs as compensation and directed that the amount be recovered from the Investigating Officer‑in‑Charge (IOIC). The IOIC appealed, contending …

M/S. EMAAR MGF LAND LIMITEDversusAFTAB SINGH

2018 INSC 1184Dismissed

Emaar MGF Land Ltd. (appellant) entered into a buyer's agreement with Aftab Singh (respondent) that contained an arbitration clause under the Arbitration and Conciliation Act, 1996. Singh filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) invoking the Consumer …

RAMESHWAR PRASAD SHRIVASTAVA AND ORS.versusDWARKADHIS PROJECTS PVT. LTD. AND ORS.

2018 INSC 1167Disposed off

Nineteen allottees of a housing project filed a collective consumer complaint under Section 12(1)(c) of the Consumer Protection Act, 1986, alleging delayed possession and various deficiencies, but they did not obtain the permission of the District Forum as required by Section 13(6) and Order 1 Rule …

GOPAL SINGH (DEAD) BY LRS.versusSWARAN SINGH & ORS.

2018 INSC 1168Appeal(s) allowed

The land in question was sold under a restricted auction pursuant to the Punjab Package Deal Properties (Disposal) Act, 1976 and later the sale was cancelled by an order of the Deputy Commissioner dated 28 March 1985, which became final. The plaintiffs filed a suit claiming they were bonafide …

S C SINGHversusSTATE OF UTTARAKHAND AND ORS.

2018 INSC 1155Dismissed

The appellant, Director of a College Development Council (CDC) at Hemwati Nandan Bahuguna Garhwal University, challenged a High Court order that, while allowing the CDC to continue, barred him from remaining as Director. The dispute centered on whether the two‑term, three‑year tenure limit in the …

ZAHOOR AHMAD RATHER AND ORS ETCversusSHEIKH IMTIYAZ AHMAD AND ORS ETC

2018 INSC 1159Disposed off

The Jammu & Kashmir State Service Selection Board advertised vacancies for Technician‑III requiring "Matric with ITI" in the relevant trade. Six applicants holding diplomas but no ITI qualification applied, appeared for written tests and interviews, and were later excluded from the final select …

SQN. LDR. (RETD.) NAVTEJ SINGHversusUNION OF INDIA AND ORS.

2018 INSC 1157Appeal(s) allowed

Squadron Leader Navtej Singh, an Indian Air Force officer, applied for permission to marry a Canadian immigrant in 2008 but contracted the marriage without waiting for the required approval. He was later invalidated from service on medical grounds in November 2009. After his retirement, he sought to …

NARAYAN MALHARI THORATversusVINAYAK DEORAO BHAGAT AND ANR.

2018 INSC 1117Leave Granted & Allowed

The appellant's son and daughter‑in‑law were teachers at a school where the first respondent, Vinayak Bhagat, repeatedly called and harassed the daughter‑in‑law. Despite the son’s attempts to stop the calls, an altercation occurred and the son later committed suicide, leaving a note blaming the …

CCI PROJECTS (P) LTD.versusVRAJENDRA JOGJIVANDAS THAKKAR

2018 INSC 1108Disposed off

Two consumers who had booked residential flats in 2012 filed complaints under the Consumer Protection Act, 1986, seeking possession and compensation for delay, as the developer failed to deliver possession by the contractual deadline of August 2014. The developer argued that a mandatory …

STATE OF MADHYA PRADESH AND OTHERSversusABHIJIT SINGH PAWAR

2018 INSC 1101Leave Granted & Allowed

The respondent, Abhijit Singh Pawar, applied for police posts in Madhya Pradesh and disclosed in an affidavit that a criminal case (Sections 323, 325, 506, 34) was pending against him. Within four days the parties compromised and the offences were compounded under Section 320 of the Cr.P.C., …

THE UTTAR BIHAR GRAMIN BANK & ORS.versusNARENDRA KUMAR SINHA

2018 INSC 924Leave Granted & Disposed off

The respondent, Narendra Kumar Sinha, was dismissed by Uttar Bihar Gramin Bank on three misconduct charges, all of which were found proved in a departmental enquiry. He appealed to the Appellate Authority, which dismissed his appeal, leading him to file multiple writ petitions in the Patna High …

SHAILESH BANDU SWAMI AND ANOTHERversusDIPAK AND OTHERS

2018 INSC 878Appeal(s) allowed

The case concerned the constitution of the Standing Committee of Latur City Municipal Corporation and the election of its Chairman under the Maharashtra Municipal Corporations Act, 1949. Because of an Election Commission "code of conduct" the corporation could not complete the statutory steps for …

ACHPAL @ RAMSWAROOP & ANOTHERversusSTATE OF RAJASTHAN

2018 INSC 856Leave Granted & Allowed

The appellants were arrested in connection with a multi‑offence FIR and remanded to police/magisterial custody on 8 April 2018. The High Court, on 3 July 2018, ordered that the investigation be conducted by a gazetted officer of at least the rank of Additional Superintendent of Police and that a …

JAI SINGH AND ORS.versusUNIVERSITY GRANTS COMMISSION AND ORS.

2018 INSC 861Dismissed

Seven petitioners who enrolled in 2004-2005 for engineering degrees through open distance learning at a deemed university challenged the validity of their degrees, seeking writs directing AICTE to clarify that such degrees are valid without its approval. The central issue was whether a deemed …

SHARAD HIRU KOLAMBEversusSTATE OF MAHARASHTRA AND OTHERS

2018 INSC 852Appeal(s) allowed

Sharad Hiru Kolambe was convicted under several IPC provisions (364A, 395, 397, 387) and three provisions of the Maharashtra Control of Organised Crime Act (MCOCA) and sentenced to imprisonment, hefty fines and default imprisonment for non‑payment of those fines. After serving the substantive term …

HARIBHAUversusTHE STATE OF MAHARASHTRA

2018 INSC 778Case Partly allowed

Haribhau, a village sarpanch, assaulted a school teacher, Bala Saheb, in 2005, leading to his conviction under IPC sections 353, 504 and 294 read with Section 34 and an acquittal under the SC/ST Act. The trial court sentenced him to three months' rigorous imprisonment and a fine of Rs.800, which the …

ANIL KUMARversusBRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.

2018 INSC 775Appeal(s) allowed

The appellant, a 25‑year‑old cleaner, was struck by a lorry and suffered fractures of both pelvic bones, urethral rupture, abdominal injuries and a 25% partial permanent disability, losing his job and incurring substantial medical expenses. He claimed compensation under Section 173 of the Motor …

STATE OF UTTAR PRADESHversusANIL KUMAR @ BADKA & ORS.

2018 INSC 760Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Anil Kumar @ Badka and others for offences under IPC sections 363, 366, 376 and 120B. The trial court had acquitted the accused, prompting the State to file an application for leave to appeal under CrPC s.378(3). The Allahabad High Court rejected …

SMT. BIRWATI CHAUDHARY & ORS.versusTHE STATE OF HARYANA & ORS.

2018 INSC 723Appeal(s) allowed

The appellants filed a writ petition in the Punjab & Haryana High Court seeking an ad‑interim stay of proceedings concerning a disputed parcel of land. The High Court rejected the stay on the ground that the land was vacant, without providing a detailed justification. The appellants appealed to the …

IMTIYAZ RAMZAN KHANversusSTATE OF MAHARASHTRA

2018 INSC 712Dismissed

The Supreme Court considered two unrelated special leave petitions challenging convictions under Section 302 IPC, both of which had been affirmed by respective High Courts. The petitioners argued that the convictions were unsafe, but the Court found the evidence of eye witnesses reliable and saw no …

M/S ALAGU PHARMACY & ORS.versusN. MAGUDESWARI

2018 INSC 709Appeal(s) allowed

The appellants, operating as M/s Alagu Pharmacy, claimed tenancy of a premises based on a lease dated 22‑02‑2012, which the respondent landlord alleged was forged and lodged a police complaint. A compromise was entered on 29‑01‑2014, before the landlord filed an eviction petition under the Tamil …

THE PRINCIPAL COMMISSIONER OF INCOME TAX-4, MUMBAIversusM/S. S.G. ASIA HOLDINGS

[2019] 10 S.C.R. 133Appeal(s) allowed

M/s S.G. Asia Holdings (India) Pvt. Ltd. received brokerage from its parent company at a rate of 0.05%, which the Assessing Officer (AO) deemed lower than market rates and made a transfer pricing addition of Rs.2,89,82,746 under Section 92 of the Income Tax Act. The AO did not refer the matter to a …

SURINDER KUMAR KHANNAversusINTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE

2018 INSC 658Appeal(s) allowed

The appellant Surinder Kumar Khanna was convicted under Sections 21(c) and 29 of the NDPS Act on the basis of statements made by co‑accused Raj Kumar and Surinder Pal Singh, who named him as a participant in a heroin trafficking operation. The High Court upheld the conviction despite the lack of any …

UNION OF INDIAversusDYAGALA DEVAMMA & ORS.

2018 INSC 638Appeal(s) allowed

The State of Andhra Pradesh (now Telangana) acquired about 101 acres of land for a railway line under the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed a low per‑acre value, which was challenged, leading the Civil Court (Reference Court) to determine a market value of Rs …

INDIAN OIL CORPORATION LTD. & ANR.versusT. NATARAJAN

2018 INSC 614Appeal(s) allowed

The Indian Oil Corporation (IOC) terminated the dealership of T. Natarajan for alleged breaches, leading to arbitration which upheld the termination but gave the dealer liberty to seek reconsideration. The dealer filed a representation for restoration, which IOC rejected; the dealer then filed a …

USHA UDAY KHIWANSARAversusUDAY KUMAR JETHAMAL KHIWANSARA

2018 INSC 618Disposed off

The husband filed a divorce petition on grounds of cruelty and desertion, which was dismissed by the Family Court. The High Court later set aside that order and granted an ex parte divorce decree in favor of the husband without hearing the wife. The wife appealed to the Supreme Court, arguing …

LALIT YADAVversusTHE STATE OF CHHATTISGARH

2018 INSC 585Dismissed

The petitioner was convicted by the trial court and affirmed by the High Court for offences under Sections 376 and 342 of the IPC. In both judgments, the victim (PW‑2) was named throughout, which the Supreme Court held to be inconsistent with Section 228‑A of the IPC that protects the identity of …

MEDICAL COUNCIL OF INDIAversusN.C. MEDICAL COLLEGE AND HOSPITAL AND ORS.

2018 INSC 583Appeal(s) allowed

The Medical Council of India (MCI) identified 25 deficiencies in the proposed NC Medical College and recommended that the Central Government not grant permission for its establishment. Although the Supreme Court‑mandated Oversight Committee temporarily allowed admissions for 2016‑17, the college …

U.P.P.S.C., THROUGH ITS CHAIRMAN & ANRversusRAHUL SINGH & ANR.

2018 INSC 554Disposed off

The Uttar Pradesh Public Service Commission (UPPSC) conducted a preliminary examination for Upper Subordinate Services and published key answers that were later challenged by several candidates. The Commission had first moderated the key answers through two expert committees and, after receiving 962 …

DISHA PANCHAL AND OTHERSversusUNION OF INDIA THE SECRETARY AND OTHERS

2018 INSC 553Disposed off

The petitioners, candidates of the 2018 Common Law Admission Test (CLAT), complained that technical glitches, power failures and inadequate facilities caused loss of examination time for 4,690 of them. They sought either a fresh test or a method to compensate for the lost time. The Supreme Court …

VINOD KUMAR DHALLversusDHARAMPAL DHALL (DECEASED)THROUGH HIS LRS. & ORS.

2018 INSC 421Appeal(s) allowed

Dharampal Dhall (deceased) filed a suit for restoration of possession, mesne profits and a permanent injunction over a house in Tagore Garden, claiming exclusive ownership based on a lease deed and subsequent name change. The defendants, his brother and sister, contended that the house was a family …

SHAKTI PRASAD BHATT ETC. ETC.versusTHE STATE OF UTTARAKHAND AND ORS. ETC.

2018 INSC 420Appeal(s) allowed

The petitioners, Kurk Amins originally appointed in Uttar Pradesh, claimed that they were government servants as held by the Allahabad High Court (1985) and affirmed by the Supreme Court in State of U.P. v. Chandra Prakash Pandey (2001). After the bifurcation of Uttar Pradesh and creation of …

P. MEENAKSHISUNDARAMversusP. VIJAYAKUMAR & ANR.

2018 INSC 289Appeal(s) allowed

The appellant had mortgaged a marriage hall property and later entered into a sale agreement with respondent No.1, who paid part of the consideration. Disputes arose over the existence of the mortgage and the performance of the contract, leading respondent No.1 to sue for specific performance. The …

M/S LION ENGINEERING CONSULTANTSversusSTATE OF M.P. & ORS.

[2018] 6 S.C.R. 683Disposed off

The dispute concerned the execution of a works contract which was referred to an arbitrator who awarded in favour of M/s Lion Engineering Consultants. The State of Madhya Pradesh challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996 and sought to amend its objections …

THE STATE OF BIHAR & ORS.versusM/S BRAHMAPUTRA INFRASTRUCTURE LIMITED

[2018] 6 S.C.R. 962Dismissed

The State of Bihar challenged the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, arguing that the Bihar Public Works Contracts Arbitration Tribunal Act, 2008 excluded the Central Act for works contracts. The parties had a contract dated 22 June 2012 …

RAKESH BIRANI (D) THROUGH LRS.versusPREM NARAIN SEHGAL & ANR.

2018 INSC 253Appeal(s) allowed

The auction of an immovable property was held on 14 February 2013, where the appellant was the highest bidder and paid the required earnest money and 25% of the sale price. The secured creditor confirmed the sale by letter on 27 February 2013, after which the appellant deposited the remaining 75% on …

UNION PUBLIC SERVICE COMMISSION ETC.versusANGESH KUMAR & ORS. ETC.

2018 INSC 179Disposed off

Unsuccessful candidates of the 2010 Civil Services Preliminary Examination filed a writ petition under Art. 226 seeking the UPSC to disclose raw and scaled marks, cut‑off marks, scaling methodology, model answers and the complete result. The Delhi High Court, both Single and Division Benches, …

SHAFHI MOHAMMADversusTHE STATE OF HIMACHAL PRADESH

2018 INSC 75

The Supreme Court examined the admissibility of electronic evidence, particularly videography of crime scenes, in the petition Shafhi Mohammad v. State of Himachal Pradesh. It considered whether a certificate under Section 65B(4) of the Evidence Act is mandatory when the party producing the …

STATE OF HIMACHAL PRADESHversusRAJ KUMAR

2018 INSC 9Appeal(s) allowed

The deceased Meena Devi lived with her two children and her brother‑in‑law Raj Kumar in a joint family house. On the night of 23 August 2007, Raj Kumar, in a drunken state, assaulted Meena Devi, took her to another accused’s house, and she was later found dead, hanging from a tree. The trial court …

UNION TERRITORY, CHANDIGARH ADMINISTRATION AND ORS.versusPRADEEP KUMAR AND ANOTHER

2018 INSC 10Appeal(s) allowed

The Union Territory of Chandigarh Administration sought to appoint candidates as constables, but two respondents were denied employment after a Screening Committee found them unsuitable despite their acquittal in criminal cases under IPC sections 323 and 506. The respondents challenged the …

STATE OF U.P.versusRAGHUVIR AND ANR. ETC. ETC.

2017 INSC 1223Disposed off

The State of Uttar Pradesh prosecuted Prem Bhujva, Raghuvir, Mehngu and Prem Yadav for the murder of Lallu Singh, alleging an ambush and shooting on 30 July 2003. The trial court, relying on two eye‑witnesses, recovery of a pistol from Prem Yadav and a ballistic report linking the weapon to …

MANSUKHBHAI DHAMJIBHAI PATEL & ANR.versusSTATE OF GUJARAT & ORS.

2017 INSC 1299Disposed off

The appellants' land was acquired in 1981 for a dam project. In 2011 they sought release of the land, relying on a 2001 Government resolution that allowed re‑grant of land deemed no longer needed for public purpose. The Gujarat High Court rejected the petition, holding that once land is acquired for …

DOONGAR SINGH & ORS.versusTHE STATE OF RAJASTHAN

2017 INSC 1154Directions issued

The case concerned the murder of Bhagwan Singh in Sikar, Rajasthan, where twenty accused were tried and nine were convicted. The Supreme Court noted that after the examination-in-chief of a key witness, the trial was adjourned for over four months, leading to several witnesses turning hostile. The …

KOSHY JACOBversusUNION OF INDIA & ORS.

2017 INSC 1153Disposed off

Koshy Jacob, an advocate, filed a writ petition under Article 32 seeking a direction to the Union of India to implement the Supreme Court's guidelines issued in the 2009 Destruction of Public and Private Properties case. He alleged that frequent strikes and agitations were causing widespread …

MANOHAR LAL SHARMAversusCENTRAL BUREAU OF INVESTIGATION & ORS.

2017 INSC 1022Disposed off

Manohar Lal Sharma filed a writ petition seeking a Supreme Court direction for the CBI to investigate Indian offshore account holders disclosed in the Panama Papers and to register FIRs against SEBI officials. The petitioner alleged that SEBI and other authorities had failed to act, causing …

ARAVALI POWER COMPANY PVT. LTD.versusMIS. ERA INFRA ENGINEERING LTD.

2017 INSC 894Disposed off

Aravali Power Company Pvt. Ltd. (appellant) and M/s. Era Infra Engineering Ltd. (respondent) entered into a contract for constructing a township for a thermal power project, which contained an arbitration clause (Clause 56) stipulating that disputes be referred to the Project In‑charge or, failing …

BUOY SINHA ROY (D) BY LR.versusBISWANATH DAS & ORS.

2017 INSC 826Disposed off

The appellant's wife died after a hysterectomy performed at a nursing home that lacked ICU facilities, despite her having uncontrolled high blood pressure and severe anemia. The appellant filed a complaint under the Consumer Protection Act, 1986 alleging medical negligence for proceeding with …

GIRISH SHARMA & ORS.versusTHE STATE OF CHHATTISGARH & ORS.

2017 INSC 797Disposed off

An FIR was lodged for corruption and a charge‑sheet was filed against 16 persons, while three individuals—Girish Sharma, Arvind Singh Dhruv and Jeet Ram Yadav—were recorded as witnesses under Sections 161 and 164 of the CrPC and not named as accused. Some of the accused applied under Sections …

R.A.H. SIGURANversusSHANKARE GOWDA @ SHANKARA & ANR.

2017 INSC 777Appeal(s) allowed

The appellant, R.A.H. Siguran, was charged under the Immoral Traffic (Prevention) Act, 1956 for procuring minor girls for prostitution. The investigation was conducted by an officer who was not a Special Police Officer as required by the Act, leading the respondent to invoke Section 482 of the CrPC …

STATE OF UTTAR PRADESHversusJAI BIR SINGH

2017 INSC 1250Matter referred to larger bench

The Supreme Court heard extensive arguments in State of Uttar Pradesh v. Jai Bir Singh (Civil Appeal No. 897 of 2002). The Court examined the correctness of the view expressed in Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978) 2 SCC 213, which had been questioned in a prior reference …

ZORAWAR SINGH AND ANR.versusGURBAX SINGH BAINS AND ORS.

2016 INSC 1207Proceedings closed/dropped

The Supreme Court, recalling its earlier directions in Zorawar Singh v. Gurbax Singh Bains (2015) 2 SCC 572, noted that the State had filed a report under Section 173 of the CrPC after conducting a thorough investigation as directed, and that the Chief Secretary’s inquiry report showed compliance …

KIRSHNA TEXPORT & CAPITAL MARKETS LTD.versusILAA. AGRAWAL & ORS

2015 INSC 386Directions issued

The appellant issued a notice under Section 138 of the Negotiable Instruments Act to a company whose cheque was dishonoured, but no separate notice was sent to the company's directors. A complaint was filed against the company and its directors under Sections 138 and 141. The Bombay High Court held …

LAXMIversusUNION OF INDIA

2015 INSC 317Disposed off

The Supreme Court, hearing a writ petition filed by acid‑attack victims, examined the implementation of its earlier directions in Laxmi v. Union of India (2014) requiring a minimum compensation of Rs.3 lakh per victim and full medical assistance. The Court noted that several states and Union …

HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT., LTD.versusUNION OF INDIA & ORS.

2014 INSC 646Disposed off

The Supreme Court issued clarifications to its earlier interim order dated 18 September 2014 concerning admissions to private medical colleges. It held that the order also applies to institutions that sought an increase in intake capacity but were denied permission after any renewal or inspection in …

HIND CHARITABLE TRUST SHEKHAR HOSPITAL PVT. LTD.versusUNION OF INDIA & ORS.

2014 INSC 646Directions issued

The Supreme Court was approached by several private medical colleges whose recognition for the 2014-15 academic session had not been renewed, risking a large number of vacant MBBS seats. The petitioners argued that defects identified in earlier inspections had been remedied and sought permission to …