Supreme Court of India

18,256 judgments

Year:

C.KESHAVAMURTHY v. H.K.ABDUL ZABBAR

23 Jul 2013 · H.L. GOKHALE; J. CHELAMESWAR

The Supreme Court held that once cheque dishonour is established, the accused must rebut the presumption of debt under Section 139, and a prior notice not to clear earlier cheques does not justify dishonour of subsequently issued cheques.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 139 Negotiable Instruments Act Cheque bouncing Presumption of debt

State of Bihar v. Sudhir Chandra Kumar

23 Jul 2013 · H.L. Gokhale; J. Chelameswar

The Supreme Court upheld that University employees are entitled to pension benefits arising from State Government resolutions merging Dearness Allowance into basic pay, as per University statute, despite financial implications for the State.

civil appeal_dismissed Significant pension calculation Dearness Allowance merger University employees State Government resolution

Akkode Jumayath Palli Paripalana Committee v. P.V. Ibrahim Haji

23 Jul 2013 · K. S. Radhakrishnan; A. K. Sikri

The Supreme Court held that the Wakf Tribunal has jurisdiction to entertain suits for injunction relating to management and peaceful enjoyment of wakf properties, distinguishing eviction suits which lie before civil courts.

civil appeal_allowed Significant Wakf Tribunal jurisdiction injunction suit wakf property management civil court jurisdiction exclusion

Kaliya v. State of Madhya Pradesh

23 Jul 2013 · Dr. B.S. Chauhan; S.A. Bobde
Cites 1 · Cited by 0

The Supreme Court upheld a murder conviction based on a duly recorded dying declaration supported by secondary evidence and medical testimony despite the absence of the original document.

criminal appeal_dismissed Significant dying declaration secondary evidence Section 302 IPC Indian Evidence Act Sections 63 and 65

Gian Chand & Ors. v. State of Haryana

23 Jul 2013 · Dr. B.S. Chauhan; S.A. Bobde
Cites 3 · Cited by 0

The Supreme Court upheld convictions under the NDPS Act, holding that statutory presumptions of conscious possession apply and police evidence is reliable even without independent witnesses, dismissing the appellants' challenge.

criminal appeal_dismissed Significant conscious possession NDPS Act statutory presumption Section 313 CrPC

Sardar Milkha Singh v. Union of India

22 Jul 2013 · G.S. Singhvi; V. Gopala Gowda
Cites 0 · Cited by 1

The Supreme Court held that only the Administrator of a Union Territory can validly issue land acquisition notifications under the Land Acquisition Act, and that failure to properly consider objections vitiates the acquisition, quashing the impugned notifications.

property appeal_allowed Significant Land Acquisition Act, 1894 Article 239 Constitution Union Territory Administrator Section 5A objections

Md. Iqbal & Anr. v. State of Jharkhand

22 Jul 2013 · Dr. B.S. Chauhan; S.A. Bobde

The Supreme Court upheld the conviction for gang rape based on the credible sole testimony of the prosecutrix and medical evidence, applying the presumption of absence of consent under Section 114-A of the Indian Evidence Act.

criminal appeal_dismissed Significant gang rape Section 376(2)(g) IPC presumption of absence of consent sole testimony of prosecutrix

Bhagubhai Vitthalbhai Patel v. Union of India

22 Jul 2013 · H. L. Gokhale; Madan B. Lokur

The Supreme Court allowed the appellant to produce documents filed before the original authority and dated prior to 14.7.2009 in eviction appeal proceedings, setting aside the rejection orders of the High Court and appellate authority to that extent.

civil appeal_allowed Significant Public Premises (Eviction of Unauthorised Occupants) Act, 1971 eviction proceedings appellate evidence production of documents

Ketankumar Gopalbhai Tandel v. State of Gujarat

18 Jul 2013 · K.S. Radhakrishnan; Pinaki Chandra Ghose
Cites 1 · Cited by 0

The Supreme Court held that persons below 18 years at the time of offence, even before the 2000 Juvenile Justice Act commenced, must be treated as juveniles and benefit from its provisions, leading to modification of sentence though conviction was upheld.

criminal appeal_allowed Significant juvenile justice retrospective application juvenile status Juvenile Justice Act 1986

Commissioner of Income Tax, Gujarat v. Vijaybhai N. Chandrani

18 Jul 2013 · H.L. Dattu; Dipak Misra

The Supreme Court held that an assessee must exhaust statutory remedies by replying to Show Cause Notices under Section 153C of the Income Tax Act before approaching the High Court, setting aside the High Court's premature quashing of such notices.

tax appeal_allowed Significant Income Tax Act, 1961 Section 153C Show Cause Notice Writ Petition

Sant Longowal Instt. of Engg. & Tech. & Anr v. Suresh Chandra Verma

18 Jul 2013 · K.S. Radhakrishnan; Pinaki Chandra Ghose

The Supreme Court held that in absence of explicit bond terms, the institute cannot recover the entire salary paid during study leave for non-completion of Ph.D, allowing partial recovery already made but denying further recovery.

civil appeal_allowed Significant study leave bond conditions Ph.D completion refund of salary

Raghu @ Raghavendra v. State of Karnataka

18 Jul 2013 · H. L. Dattu; Dipak Misra

The Supreme Court allowed the appellant's request to withdraw the criminal appeal and dismissed the appeal as withdrawn.

criminal appeal_dismissed Procedural criminal appeal withdrawal of appeal permission to withdraw dismissal as withdrawn

Okhla Enclave Plot Holders Wel. Assn v. Union of India

17 Jul 2013 · K. S. Radhakrishnan; Dipak Misra

The Supreme Court directed the DGT&CP Haryana to take custody of disputed plots, finalize claimant lists, ensure development, and stay related proceedings to resolve the Okhla Enclave plot allotment dispute.

property other Significant Director General Town & Country Planning Haryana plot allotment custodianship consolidated claimant list

Satya Pal Anand v. Punjabi Housing Co-operative Society

17 Jul 2013 · P. Sathasivam; J. Chelameswar

The Supreme Court dismissed the petition challenging the validity of a compromise and subsequent sale of cooperative society property, refusing to appoint a receiver where possession was with bona fide parties and compensation was accepted.

civil appeal_dismissed Compromise Deed Extinguishment Deed Appointment of Receiver Cooperative Societies Act

Rajendra Sharma v. State of West Bengal

17 Jul 2013 · P. Sathasivam; J. Chelameswar

The Supreme Court upheld the appellant's conviction for dacoity but reduced his sentence considering his limited role and time already served.

criminal appeal_allowed Significant dacoity Section 395 IPC Section 397 IPC Arms Act

Arshad Hussain v. State of Rajasthan

17 Jul 2013 · P. Sathasivam; J. Chelameswar

The Supreme Court set aside the appellant's murder conviction due to doubts in the prosecution case arising from the acquittal of co-accused and inconsistencies in evidence, granting him the benefit of doubt.

criminal appeal_allowed Significant Section 302 IPC benefit of doubt private defence alibi

Nagappan v. State by Inspector of Police, Tamil Nadu

17 Jul 2013 · P. Sathasivam; J. Chelameswar

The Supreme Court set aside the murder conviction of the appellant due to lack of medical evidence supporting his specific role despite eye-witness testimony, emphasizing the need for corroboration in criminal cases.

criminal appeal_allowed Significant Section 302 IPC Section 34 IPC interested witnesses medical evidence

Subhash Popatlal Dave v. Union of India & Anr.

16 Jul 2013 · Altamas Kabir; Gyan Sudha Misra; J. Chelameswar

The Supreme Court held that preventive detention orders under COFEPOSA can be challenged on grounds beyond the five exceptions in Alka Subhash Gadia, and stale detention orders lacking a live link to ongoing activities must be quashed.

criminal appeal_allowed Significant preventive detention COFEPOSA Act, 1974 detention order pre-execution challenge

Arathi Bandi v. Bandi Jagadrakshaka Rao

16 Jul 2013 · Surinder Singh Nijjar; Pinaki Chandra Ghose

The Supreme Court upheld the Andhra Pradesh High Court's order directing the mother to submit the child to U.S. court jurisdiction, emphasizing respect for foreign custody orders and denying relief where the child was wrongfully removed from the foreign court's jurisdiction.

family appeal_dismissed Significant child custody habeas corpus foreign custody orders comity of courts

Bhavnagar Municipal Corporation v. Salimbhai Umarbhai Mansuri

16 Jul 2013 · K.S. Radhakrishnan; Pinaki Chandra Ghose

Termination of employment on expiry of a fixed-term contract does not amount to retrenchment under the Industrial Disputes Act, and thus Sections 25G and 25H protections do not apply.

labor appeal_allowed Significant retrenchment Industrial Disputes Act, 1948 fixed-term contract Section 2(oo)