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Supreme Court recalls notice to AP's Governor, calling it a mistake and conceding that he enjoys immunity for acts done in official capacity
Supreme Court recalls its December 2015 verdict appointing retired Allahabad high court judge as UP Lokayukta, to appoint former HC judge Sanjay Misra in his place
Passive Euthanasia, Supreme Court to hear Petitions
SC refers 377 IPC petitions to 5 judge Bench
decision to take up the matter relating to marriage and divorce rights of Muslim women, receives opposition from Jamiat-Ulama-i-Hind.
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JT 2016 (2) SC 21 05-02-2016
Petitions for Special Leave to Appeal (C) Nos.1878-1879 of 2009
Suresh Narayan Kadam & Ors. vs Central Bank of India & Ors.
FLAT ALLOTMENT / SERVICE & LABOUR LAWS Maharashtra Housing and Area Development Authority (MHADA) constructed flats for lower and middle income groups - Central Bank of India took possession of land and ten such buildings with intention of housing the families of 200 employees - Bank issuing circu..
JT 2016 (2) SC 44 05-02-2016
Criminal Appeal No. 128 of 2011
Ram Saran Varshney and others vs State of Uttar Pradesh and another
CRIMINAL LAWS Criminal Procedure Code, 1973 Section 173 (8) - Investigation - Wife filing complaint under Sections 498A & 506 IPC and Sections 3 & 4 of Dowry Prohibition Act - Closure report filed by first Investigation Officer (I.O.), as no substance found in allegations - Superintendent of Polic..
JT 2016 (1) SC 04-02-2016
Civil Appeal No. 699 of 2005 With Transfer Case (Civil) No. 7 of 2003
S.N. Bhardwaj vs Archaeological Survey of India & Ors.
Archaeological Laws Encroachment and illegal construction at Tughlakabad Fort, a protected heritage site - No action taken by Archaeological Survey of India, (ASI) - High Court disposed of the matter observing that it should be looked into by ASI - SLP filed - Notice issued to respondents including..
JT 2016 (2) SC 6 04-02-2016
Civil Appeal No.869 of 2016 (Arising out of S.L.P. (C) No. 1903 of 2015)
Jaya Biswal & Ors. vs Branch Manager, Iffco Tokio General Insurance Company Ltd. & Anr.
SERVICE & LABOUR LAWS Employee’s Compensation Act, 1923 Schedule IV - Payment of Wages Act, 1936 - Compensation - Determination of - Accidental death during course of employment - No documents produced by either side to show wages earned by deceased, who was a driver - Commissioner took his age as..
JT 2016 (2) SC 18 04-02-2016
Civil Appeal Nos.823-854 of 2016 (Arising out of SLP (C ) Nos. 15919- 15950 of 2011) With Public Service Commission U.P. v. Raghvendra Singh Civil Appeal No.855 of 2016 (Arising out of SLP (Civil) No.5433 of 2014)
Kerala Public Service Commission & Ors. vs The State Information Commission & Anr.
RIGHT TO INFORMATION Fiduciary relationship - Information sought regarding names of examiners - Same allowed vide impugned order of Kerala High Court, observing that there was no fiduciary relationship between University and Commission and the examiners appointed by them - Justification. Held, a fi..
JT 2016 (1) SC 03-02-2016
Civil Appeal No…………. of 2016 (Arising out of S.L.P. (C) No.8880/2011)
State of U.P. & Ors. vs Ravindra Kumar Sharma & Ors.
SERVICE & LABOUR LAWS Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, section 73(1) & (2) - Illegal usurpation of quota reserved for hand..
JT 2016 (1) SC 03-02-2016
Civil Appeal No.8068 of 2009 With Committee of Management, D.A.V. Girls Higher Secondary School, May, U.P. v. Palak Dhari Yadav Civil Appeal No.8069 of 2009
Sanjay Kumar Upadhyay vs Palak Dhari Yadav & Ors.
SERVICE & LABOUR LAWS U.P. Intermediate Education Act, 1921 Rules and Regulation framed under - Regulation 2(2) - Appellant's appointment to post of clerk, approved from regional inspector of Girl's school - Respondent, a IVth Class employee challenged the order of approval on the ground that as p..
JT 2016 (1) SC 02-02-2016
Criminal Appeal No.92 of 2016 (Arising out of SLP (Crl) No.7406 of 2015)
Gulzari Lal vs State of Haryana
CRIMINAL LAWS Dying declaration - Validity of, in absence of fitness certificate by doctor. Held, a valid dying declaration may be made without obtaining a certificate of fitness of the declarant by a medical officer. Laxman [JT 2002 (6) SC 313] and Paras Yadav [JT 1999 (1) SC 25] referred. In this..
JT 2016 (1) SC 530 01-02-2016
Civil Appeal No. 670 of 2016 (Arising out of SLP (C) No.3816 of 2015)
Educational Society, Tumsar And Ors. vs State of Maharashtra And Ors.
SERVICE & LABOUR LAWS Maharashtra Employees of Private Schools Rules, 1981 Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Financial burden to pay back-wages to an illegally terminated employee of 100% aided school - Whether lies on Government or appellant-s..
JT 2016 (1) SC 537 01-02-2016
Civil Appeal No.2845 of 2006
Khursida Begum (D) By Lrs. & Ors. vs Komammad Farooq (D) By Lrs. & Anr.
GIFT / MUSLIM LAW Gift of undivided immovable property, capable of division - Validity of - Father gifted 1/3rd share in the suit property to his minor son (plaintiff) through sale deed and got the name of the defendant (brother of plaintiff) recorded as owners of the remaining 2/3rd - As property ..
JT 2016 (1) SC 499 29-01-2016
Civil Appeal No. 2446 of 2007
Commissioner of Commercial Taxes, Thiruvananthapuram, Kerala vs M/s K.T.C. Automobiles
SALES TAX Kerala General Sales Tax Act, 1963 Sections 37 and 45A, Explanation - Motor Vehicles Act, 1988, Sections 39 and 41- Central Motor Vehicle Rules, 1989 - Constitution of India, 1950, Article 286(2) - Central Sales Tax Act, 1956, Section 4(2) - Sale of Goods Act, 1930, Sections 4, 19, 20 an..
JT 2016 (1) SC 571 28-01-2016
Writ Petition (Civil) No.872 of 2015 And Contempt Petition (Civil) No.733 of 2015 In Writ Petition (Civil) No.410 of 2012 With Contempt Petition (Civil) No.3 of 2016 In Writ Petition (Civil) No.410 of 2012
Sachchidanand Gupta “Sachchey” vs State of U.P. Through Chief Secretary & Ors.
LOKAYUKTA Appointment of Lokayukta - Primacy of opinion of Chief justice - Five names suggested before Apex Court by State of UP, with the statement that three names including the name of Justice 'V' had the concurrence of Chief Minister (CM) and Leader of Opposition - Said name had no concurrence ..
JT 2016 (1) SC 471 28-01-2016
Criminal Appeal Nos. 82-83 of 2016 (Arising out of S.L.P. (Crl.) Nos.4517-4518 of 2014)
Don Ayengia vs The State of Assam & Anr.
CHEQUE DISHONOUR Negotiable Instruments Act, 1881 Section 138 - Cheque dishonour - Appellant paid Rs.10 lacs to ‘N’ under an agreement - Upon cancellation of the agreement, 'N' executed a promissory note in favour of appellant, promising to refund Rs. 10 lacs with interest within a month - 'N' als..
JT 2016 (1) SC 466 28-01-2016
Criminal Appeal No. 2454 of 2009
State of Rajasthan vs Ram Kailash alias Ram Vilas
Criminal Laws Penal Code, 1860 Sections 302, 304 Part I, 301, 300 - Culpable homicide amounting to murder - Doctrine of transfer of malice - PW 10, was on motorcycle with deceased when respondent, sitting on rear side of another motorcycle, came from behind and fired at deceased - Deceased named r..
JT 2016 (1) SC 487 28-01-2016
Civil Appeal No.5158 of 2009
Tmt. Kasthuri Radhakrishnan & Ors. vs M. Chinniyan & Anr.
TENANCY LAWS Tamil Nadu Buildings (Lease and Rent Control) Act 1960 Sections 10(2) and 10(3)(a)(i) - Eviction - Non-joinder of a co-owner in eviction petition- Effect of - 'R', owner of suit property, died intestate leaving behind appellants (wife and son) and one daughter - Appellants filed evic..
JT 2016 (1) SC 475 27-01-2016
Civil Appeal No.557 of 2016 (Arising out of SLP (C) No.19618 of 2013)
Indian Machinery Company vs M/S. Ansal Housing & Construction Ltd.
Consumer Protection Consumer Protection Act, 1986 Section 30(1) - Consumer Protection Rules, 1987, Rule 15(6) - Code of Civil Procedure, 1908, Order 9, Rule 9(1) - Whether a second complaint to the District Forum is not maintainable, as held by National Commission, when the first complaint was dis..
JT 2016 (1) SC 417 22-01-2016
Civil Appeal No. 507 of 2016 (Arising out of SLP (C) No. 1440 of 2015)
Heera Lal vs State of Haryana & Ors.
Land acquisition challenged due to dispensation of enquiry under Section 5A - High Court declined to interfere with the acquisition, but held appellant entitled to a plot as per Rehabilitation and Settlement Policy of Government. Held due to efflux of time, matter not to be decided on merit. Directi..
JT 2016 (1) SC 418 22-01-2016
Civil Appeal No.506 of 2016 (Arising out of SLP ( C) No. 4835 of 2013)
Indra Kaur & Ors. vs Royal Sundram Alliance Ins. Co. Ltd. & Anr.
SERVICE & LABOUR LAWS Workmen Compensation Act Motor Vehicles Act - Driver of Respondent no. 2, died due to accident in course of employment - Compensation awarded by commissioner set aside by High Court on the ground that there was no evidence to prove that deceased was the employee of respondent..
JT 2016 (1) SC 316 20-01-2016
Civil Appeal No. 430 of 2016 (Arising out of S.L.P. (Civil) No.14444 of 2009)
Jagatjit Industries Limited vs The Intellectual Property Appellate Board & Ors.
TRADE MARKS Trade Marks Act, 1999 Sections 21, 23 and 131 - Rectification of trademark register - Notice of opposition - Respondent No.4, sought one month's time for filing notice of opposition against appellant's application for registration of trademark ‘BLENDERS PRIDE’ - On 19.1.2004, it filed..
JT 2016 (1) SC 335 20-01-2016
Criminal Appeal No. 52 of 2016 (Arising out of SLP (Crl.) No.8060 of 2015) with Criminal Appeal No. 53 of 2016 (Arising out of SLP (Crl) No. 8064 of 2015) Criminal Appeal No. 54 of 2016 (Arising out of SLP (Crl) No. 8063 of 2015) Criminal Appeal No. 55 of 2016 (Arising out of SLP (Crl) No. 8062 of 2015) Criminal Appeal No. 56 of 2016 (Arising out of SLP (Crl) No. 8066 of 2015) Criminal Appeal No. 57 of 2016 (Arising out of SLP (Crl) No. 8067 of 2015) Criminal Appeal No. 58 of 2016 (Arising out of SLP (Crl) No. 8068 of 2015) Criminal Appeal No. 59 of 2016 (Arising out of SLP (Crl) No. 8069 of 2015) Civil Appeal Nos. 414-415 of 2016 (Arising out of SLP (C) Nos.13295-13296 of 2015) Criminal Appeal No. 753 of 2014 Criminal Appeal No. 754 of 2014 Criminal Appeal No. 62 of 2016 (Arising out of SLP (Crl) No. 6944 of 2015) Criminal Appeal No. 63 of 2016 (Arising out of SLP (Crl) No. 6945 of 2015) Civil Appeal No. 469 of 2016 (Arising out of SLP (C) No. 25133 of 2015) Criminal Appeal No. 64 of 2016 (Arising out of SLP (Crl) No. 6941 of 2015) Civil Appeal No. 417 of 2016 (Arising out of SLP (C) No. 28040 of 2015) Civil Appeal No. 419 of 2016 (Arising out of SLP (C) No. 28446 of 2015) Civil Appeal No. 420 of 2016 (Arising out of SLP (C) No. 28300 of 2015) Civil Appeal No. 421 of 2016 (Arising out of SLP (C) No. 12772 of 2015) and Civil Appeal No. 422 of 2016 (Arising out of SLP (C) No. 31080 of 2015)
Vishal N. Kalsaria vs Bank of India & Ors.
TENANCY The Maharashtra Rent Control Act, 1999 The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Tenanted property mortgaged for taking loan - Default in repayment - Account became non-performing in terms of SARFAESI Act - Bank's application..
JT 2016 (1) SC 368 20-01-2016
Civil Appeal Nos. 461-462 of 2016 (Arising out of SLP (C) Nos.29680-29681 of 2010)
Venkatesh Construction Company vs Karnataka Vidyuth Karkhane Limited (Kavika)
contractual work Appellant awarded construction work - As extra work was being done due to nature of soil, respondent asked appellant to stop the work and wait for new design - Several letters written for continuation of work, not replied by respondent - Suit filed - Trial Court awarded Rs. 3,23,00..
JT 2016 (1) SC 381 20-01-2016
Civil Appeal No. 3193 of 2006
Union of India & Anr. vs HBL Nife Power Systems Ltd.
DEFENCE PROCUREMENT Batteries for Indian Navy submarines - Indigenisation - Selection and development of vendors - Exide became the single vendor - Officers of DGQA constantly associated with the manufacturing of the submarine batteries in Exide - Government exploring second vendor - Respondent mad..
JT 2016 (1) SC 304 19-01-2016
Criminal Appeal No. 50 of 2016 (Arising from the SLP (Crl.) No. 2082 of 2015)
Surender @ Kala vs State of Haryana
NDPS Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 18, 50 - Appellant-accused opted to be searched by Gazetted Officer - DSP, PW 4, reached and on personal search contraband weighing 1 kg 50 gram, recovered - FSL report showed it to be opium - Conviction under Section 18 confirmed ..
JT 2016 (1) SC 308 19-01-2016
Civil Appeal No.360 of 2016 (Arising from the SLP (Civil) No.527 of 2015)
State of Gujarat and Another vs Shree Ratnakar Enterprise
LAND LEASE Application for grant of lease in Survey No.141 of village Mundra, rejected by District Collector due to non-availability - On challenge, Additional Chief Secretary Revenue Department, remanded the matter but request again rejected - Matter challenged again after five years - R..
JT 2016 (1) SC 310 19-01-2016
Civil Appeal No.354 of 2016 (Arising out of S.L.P. (C) No. 7553 of 2008) With Civil Appeal No.355 of 2016 (Arising out of SLP (C) No. 27588 of 2008)
State of Haryana vs Eros City Developers Pvt. Ltd. and others
LAND Land Acquisition Act, 1894 Sections 4, 5A and 6 - Doctrine of promissory estoppel and legitimate expectation - Notification under section 4 for acquisition of land for the purpose of expansion and systematic development of Surajkund Tourist Complex which included development of parking area a..
JT 2016 (1) SC 354 19-01-2016
Civil Appeal No. 361 of 2016 (Arising out of SLP (C) No. 10951 of 2014)
M/s Metal Seam Co. of India (P) Ltd. vs M/s Avadh Delicacies & Others
ALLOTMENT Allotments of sheds in industrial estate - 'S’, who was allotted shed B-5, was not regular in payment of installments - Appellant, allottee of adjoining shed (B-6), made an application to joint director to allot shed B-5 to it on payment of entire cost - Joint director instead accepted su..
JT 2016 (1) SC 360 19-01-2016
I.A. Nos. 4 & 5 In Civil Appeal No. 6158 of 2013
National Highways Authority of India vs M/s NCC- KNR (JV)
PRACTICE AND PROCEDURE Arbitral award dated 09.01.2012 allowed interest at the rate of 12% p.a. on amounts awarded under various claims – Apex Court on 24.04.2015, set aside the award in respect of Claim No.8 - Decretal amount was withdrawn by respondent in December 2012 whereas appeal was allowed..
JT 2016 (1) SC 298 19-01-2016
Criminal Appeal No. 45 of 2016 (Arising out of SLP (Crl.) No. 9344 of 2014)
Bobbili Ramakrishna Raju Yadav & Ors. vs State of Andhra Pradesh Rep. By Its Public Prosecutor High Court Of A.P. Hyderabad, A.P. & Anr.
Criminal Laws Dowry Prohibition Act, 1961 Sections 3,4,6 - Penal Code, 1860, Sections 304B, 498A - Private complaint by father of deceased under section 6 -Maintainability challenged in view of pendency of matter under Sections 3, 4 of DP Act and Sections 304B and 498A, IPC. Held, criminal procee..
JT 2016 (1) SC 419 19-01-2016
Civil Appeal No. 373 of 2016 (Arising out of SLP (Civil) No.4185/2007) With Civil Appeal No.374, 375, 376, 377, 378, 379 of 2016
S.P. Krishnappa & Ors. vs Secy., Deptt. of Revenue & Ors.
LAND ACQUISITION Land Acquisition - Owner litigating for long time - Value of land skyrocketed. Held, on facts and in the interest of justice, 4000 sq. ft. land to be allotted free of all encumbrances to land owners in Marasandra Malur Taluk per acre or part thereof not exceeding 50 cents. Registra..
JT 2016 (1) SC 420 19-01-2016
Civil Appeal No.371 of 2016 (Arising out of SLP (Civil) No.17347/2010)
Eastern Coalfields Ltd. vs Misri Yadav & Ors.
Misconduct - Punishment of dismissal substituted by punishment of reduction of two increments by Tribunal, while directing reinstatement with 50% back wages - Decision upheld by Single Judge High Court - Division Bench, High Court while upholding order of reinstatement, took the view that tribunal h..
JT 2016 (1) SC 363 18-01-2016
Civil Appeal No. 285 of 2016 [@ Special Leave Petition (C) No. 16102 of 2011]
Pattabiram Nadargal Iyyakiya Sangam & Ors. vs N. Natesan Nadar & Ors.
Injunction Injunction granted by Additional District & Sessions Judge - Apprehension of appellant that due to injunction they may not be able to participate in affairs of society including election. Held apprehension is baseless. Trial court dealt with the situation prevailing in years 2005 to 2008..
JT 2016 (1) SC 363 /2 18-01-2016
Criminal Appeal No.1219 of 2009
State through Narcotics Control Bureau vs Yusuf @ Asif & Ors.
Criminal Laws / PRACTICE & PROCEDURE Narcotic Drugs & Psychotropic Substances Act, 1985 Section 8C read with Sections 21, 25 and 29 - Twenty six packets of seized contraband sealed and seal no. 12 mentioned thereon - However godown receipt mentioned seal number as 11 - Noticing this discrepancy, H..
JT 2016 (1) SC 374 18-01-2016
Civil Appeal Nos.288-289 of 2016 (Arising out of S.L.P.(C) Nos.33583-33584 of 2012)
Chairman, Odisha Joint Entrance Examination vs Jasobanta Nayak and Others
EDUCATION Admission of Physically challenged - Respondent no.1 appearing in Odisha Joint Entrance Examination 2012 for admission in Engineering course - 40% physical disability required, for being considered under physically handicapped category - Respondent no.1 producing a certificate issued by ..
JT 2016 (1) SC 377 18-01-2016
Civil Appeal No. 282 of 2016 [@ Special Leave Petition (C) No . 21956 of 2014]
Arun Manohar Dange and Anr vs Special Land Acquisition Officer Raigad, Alibag
LAND ACQUISITION Compensation - Determination of - Development charges - Land within limits of Municipal Council - Basic amenities such as electricity, water supply education facilities available - Main city near to main market place - Railway station in city - National Highway passes through munic..
JT 2016 (1) SC 379 18-01-2016
Civil Appeal No. 286 of 2016 (Arising out of SLP (C) No.8906 of 2011)
M/s Rahman Industries Pvt. Ltd. vs State of U.P. and Others
SERVICE & LABOUR LAWS Industrial Disputes Act, 1947 Reference of dispute - Award under Timely Payment of Wages Act, challenged - High Court, finding order of Labour Court to be without jurisdiction, quashed it and directed that in case, workmen bring the matter before the Government, it should ref..
JT 2016 (1) SC 250 18-01-2016
Civil Appeal No.1964 of 2008
M/s Ganapathy & Co., Bangalore vs The Commissioner, Income Tax Bangalore
Income Tax Act, 1961 Section 40A(2) - AY 1984-85 - Benefit of disallowance of service charges paid to UTC - In previous year, said claim was negatived by CIT in appeal - Membership in assessee-firm and UTC was common and one person had a sizeable holding in each of the two firms - Proof of service ..
JT 2016 (1) SC 256 18-01-2016
Civil Appeal No.167 of 2007
M/s Boorugu Mahadev & Sons & Anr. vs Sirigiri Narasing Rao & Ors.
EVICTION A.P. Buildings (Lease, Rent And Eviction) Control Act, 1960 Section 10 – Issue of ownership of landlord - Suit premises purchased by predecessors of appellants from 'S' - Respondents, who are grand children of 'S', continued to occupy the suit premises as tenants - Eviction petition filed..
JT 2016 (1) SC 362 18-01-2016
Civil Appeal No. 283 of 2016 [@ Special Leave Petition (C) No. 7246 of 2015]
Subhash Agarwal & Ors. vs State of Haryana & Ors.
Land Acquisition Land Acquisition Act, 1894 Appellant approaching High Court for issuance of a writ of certiorari for non- applicability of current rates, for declaring acquisition as lapsed and for release of land in their favour - Writ dismissed by High Court in a cryptic manner. Held approach o..
JT 2016 (1) SC 147 13-01-2016
Civil Appeal No.2140 of 2007 With M/s Orient Treasures Pvt. Ltd. v. United India Insurance Co. Ltd. Civil Appeal No.5141 of 2007
United India Insurance Co. Ltd. vs M/s Orient Treasures Pvt. Ltd.
INSURANCE/ interpretation Consumer Protection Act, 1986 Section 23 - Insurance claim - Contra Proferentum Rule - Burglary at Respondent-complainant's jewelry shop during night hours - Respondent's claim rejected by Appellant-insurer on the ground that the stolen jewelry articles were kept on displ..
JT 2016 (1) SC 263 06-01-2016
Criminal Appeal No. 14 of 2016 (Arising out of SLP (Crl.) No.703 of 2015)
Krishan Chander vs State of Delhi
CRIMINAL LAWS Prevention of Corruption Act, 1988 Sections 7 and 13(1)(d) read with 13(2) -Criminal procedure Code, Section 161 - Evidence Act, 1872, Section 45 - Public Servant - Illegal gratification - Proof of demand and acceptance - Conviction of appellant-constable by courts below for demandin..
JT 2016 (1) SC 34 06-01-2016
Criminal Appeal No. 2099 of 2008
Darshan Singh vs State of Punjab
CRIMINAL LAWS Penal Code, 1860 Sections 302, 324 - Plea of alibi - During court proceedings, both parties started quarrelling and gave Kripan blows to each other - Consequently two died - Appellant 'D' acquitted by trial court but convicted by High Court as his plea of alibi found to be false. He..
JT 2016 (1) SC 39 06-01-2016
Criminal Appeal No. 436 of 2008
State of A.P. vs Patchimala Vigneswarudu @ Vigganna @ Ganapathi
Criminal Laws Penal Code, 1860 Section 302 - Murder - Admittedly, accused had strained marital relationship with wife as he blamed her for his venereal disease - Day before the incident he came to pick her and took her for a movie show at night - Next day body recovered from village 'A' - Cause of..
JT 2016 (1) SC 44 05-01-2016
Civil Appeal No. 231 of 2015
Damodar Lal vs Sohan Devi And Others
PRACTICE & PROCEDURE / EVICTION Civil Procedure Code, 1908 Sections 96 and 100 – Appeals – Question of fact – Eviction of respondent tenants – Structural changes - Non appearance of plaintiff-owner as a witness – PW1 who sold the property to plaintiff categorically stated that there was struct..
JT 2016 (1) SC 05-01-2016
Civil Appeal No. 11 of 2016 (Arising out of SLP (C) No. 2964 of 2015)
Kuldeep Kumar Pathak vs State of U.P. and Others
EDUCATION U.P. Intermediate Education Act, 1921 Simultaneous appearance in two examinations (one for UP Board and another of Sanskrit Board) with respect to class X and equivalent examination - On said ground, Respondent authority cancelled his intermediate results after 9 years without affording ..
JT 2016 (1) 05-01-2016
Civil Appeal No. 10 of 2016 (Arising Out Of Slp (Civil) No.27243 of 2015)
Malati Sardar vs National Insurance Company Limited & Ors.
MOTOR VEHICLE Motor Vehicle Act, 1988 Section 166 - Civil Procedure Code, 1908, Section 21 - Accidental death - Lack of Territorial jurisdiction to decide claim petition - Whether could be a ground to direct refund of compensation awarded by Tribunal - Rash and negligent during by bus driver, esta..
JT 2016 (1) SC 50 04-01-2016
Civil Appeal Nos. 4845-4846 of 2015 With Civil Appeal Nos. 4847-4850 of 2015
Sulekhan Singh & Co. & Ors vs State of U.P. & Ors.
MINING LEASE U.P. Minor Minerals (Concession) Rules, 1963 Chapter II and Chapter IV - Mines and Mineral (Development and Regulation) Act, 1957, Section 15 - Constitution of India, Article 14 - By G.O. dated 31.5.2012, policy changes involving e-tendering were made for fairness and transparency in ..
JT 2016 (1) SC 75 04-01-2016
Civil Appeal No. 4 of 2016 (Arising out of SLP (Civil) No.28249 of 2015)
Ramakant Dwivedi vs Rafiq Ahmad & Ors.
MINING LEASE U.P. Minor Minerals (Concession) Rules, 1963 Chapter II and Chapter IV - Mines and Mineral (Development and Regulation) Act, 1957, section 15 - Constitution of India, Article 14 - By G.O. dated 31.5.2012, policy changes involving e-tendering were made to ensure fairness and transpare..
JT 2016 (1) SC 20 29-12-2015
Civil Appeal No. 6905 of 2005
M/s. S.K.L. Co. vs Chief Commercial Officer & Ors.
RAILWAYS/ TENDER Indian Railways Act, 1989 Sections 30, 31, 32, 70 and 71 – Constitution of India, 1950, 14 – Railways invited tenders for leasing out Front Second class Luggage Rake (FSLR) and Ventilated Parcel Van (VP) for loading of parcels - Appellant-trader, challenged the Tender Notice as be..
JT 2016 (1) SC 57 29-12-2015
Civil Appeal No. 3646 of 2011 With Civil Appeal No. 14736 of 2015 (Arising out of SLP (C) No. 7074 of 2010) Civil Appeal Nos.14737-14738 of 2015 (Arising out of SLP(C) Nos. 117-118 of 2011) and Civil Appeal Nos. 9293-94 of 2014
Pegasus Assets Reconstruction P. Ltd. vs M/s. Haryana Concast Limited & Anr.
WINDING UP Securitization And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 Sections 5, 9, 13, 17, 18, 35 and 37 - Security Interest (Enforcement) Rules, 2002 - Companies Act, 1956, Sections 529 and 529A - State Financial Corporations Act, 1951 - Recovery of Deb..
JT 2016 (1) SC 8 16-12-2015
Criminal Appeal No. 1706 of 2015 (Arising out of SLP (Crl.) No.6701 of 2015)
Gautam Kundu vs Manoj Kumar, Assistant Director, Eastern Region, Directorate of Enforcement (Prevention of Money Laundering Act) Govt. of India
MONEY LAUNDERING Prevention of Money Laundering Act, 2002 Sections 3, 45- Criminal Procedure Code, 1973, Section 439 - SEBI Act, Section 24 - Bail application - Proceedings under Section 24 of SEBI Act and complaint under Section 4 of PMLA - High refused to grant bail as no order by any competent ..
JT 2015 (12) SC 267 16-12-2015
Civil Appeal No.958 of 2010
Prem Nath Bali vs Registrar, High Court of Delhi & Anr.
SERVICE LAW Disciplinary proceedings – Principle of Natural Justice - Non-compliance alleged - Appellant, initially put on suspension and finally given punishment of compulsory retirement - Disciplinary proceedings continued for 9 years - He was served with detailed charge-sheet and documents refer..
JT 2015 (12) SC 274 16-12-2015
Writ Petition (Civil) No. 13 of 2015 With Writ Petition (C) No. 14 of 2015 Writ Petition (C) No. 18 of 2015 Writ Petition (C) No. 23 of 2015 Transfer Petition (C) No.24 of 2015 Writ Petition (C) No. 70 of 2015 Writ Petition (C) No. 83 of 2015 Writ Petition (C) No. 108 of 2015 Writ Petition (C) No. 124 of 2015 Writ Petition (C) No. 209 of 2015 Writ Petition (C) No. 309 of 2015 Writ Petition (C) No. 310 of 2015 Writ Petition (C) No. 323 of 2015 Writ Petition (C) No. 341 of 2015 Transfer Petition (C) No. 391 of 2015 Transfer Petition (C) No. 971 of 2015
Supreme Court Advocates-on-Record Association and Another vs Union of India
COLLEGIUM SYSTEM Appointment of Judges to higher judiciary - Memorandum of Procedure – Government of India to finalize the existing Memorandum of Procedure by supplementing it in consultation with the Chief Justice of India (CJI), in consonance with the directions given in Second Judges case - Guid..
JT 2015 (12) SC 245 15-12-2015
Civil Appeal No. 14565 of 2015 (Arising out of SLP (C) No. 29234/2015) With Maharashtra State Board of Wakfs Through its Chief Executive Officer v. Magnum Developers and others Civil Appeal No.14566 of 2015 (Arising out of SLP (C) No. 31610/2015) Mushtaque Ahmed Shaikh Fakhruddin v. Magnum Developers and others Civil Appeal No.14567 of 2015 (Arising out of SLP(C) No. 31606/2015) Shaikh Rahim and another v. Magnum Developers and others Civil Appeal No. 14569 of 2015 (Arising out of SLP(C) No. 31605/2015) Javed Hamid Deshmukh v. Magnum Developers and others Civil Appeal No. 14570 of 2015 (Arising out of SLP(C) No. 31595/2015) Magnum Developers and others v. Lal Shah Baba Dargah Trust and another Civil Appeal No. 14571 of 2015 (Arising out of SLP(C) No. 30725/2015)
Lal Shah Baba Dargah Trust vs Magnum Developers And others
WAQF Waqf Act, 1995 Sections 3(q), 83(1), 83(4), 83(9), 85, 90(1) and 90(3) - Wakf (Amendment) Act of 2013 effective from 01.11.2013 - Waqf property - Constitution of Tribunal - According to amended sub-section (4) of Section 83, Tribunal shall consist of three members and State Government shall b..
JT 2015 (12) SC 259 15-12-2015
Civil Appeal No. 14553 of 2015 (Arising out of SLP (C) No.11208/2015)
D r. Janet Jeyapaul vs SRM University & Ors.
Service & Labour Laws Constitution of India, 1950 Articles 226, 12 - Writ Jurisdiction - Writ against termination, allowed and reinstatement directed - Writ appeal by respondent no.1 university allowed on the ground that it being not a State or authority under Article 12, writ was not maintainabl..
JT 2015 (12) SC 80 11-12-2015
Special Leave Petition (Civil) No.36711 of 2014
Calcutta Stock Exchange vs BLB Limited
PRACTICE & PROCEDURE Constitution of India, 1950 Article 136 - Jurisdiction - Recovery suit against Petitioner (Stock-exchange) by respondent-company - In said suit, petitioner filed an Interlocutory Application for summoning record of business transactions of respondent company - Application dism..
JT 2015 (12) SC 74 09-12-2015
Criminal Appeal No. 1163 of 2011
Sat Parkash vs State of Haryana and another
Criminal laws Penal Code, 1860 Sections 363 and 366 - Kidnapping of deceased, a 15 years old minor girl - As per deceased's suicide note she had left home at her own free will and no one was responsible for her suicide - No evidence to show that appellant enticed her away - He himself tried to..
JT 2015 (12) SC 78 09-12-2015
Criminal Appeal No.1683 of 2015 (Arising out of S.L.P. (Crl.) No. 2372 of 2015) With Contempt Petition (C) No. 382/2015 In S.L.P. (CRL.) NO. 2372/2015
Ruchika Abbi & Anr. vs State of National Capital Territory of Delhi & Anr.
CHILD CUSTODY Custody of minor daughter – High Court disposing of the writ filed by wife, giving direction to family court to dispose of the main custody case. Held interim custody of the child, on facts and after interacting with the child, is given to father/husband. He will drop the child on eve..
JT 2015 (12) SC 86 09-12-2015
Civil Appeal No. 11325 of 2011
Shobha Ram Raturi vs Haryana Vidyut Prasaran Nigam Limited and others
Service Labour Laws Back-wages - Order retiring appellant on 31.12.2002, though his date of superannuation was 31.12.2005, set aside in Writ by Single Judge, High Court - But back-wages denied - LPA filed for back wages dismissed. Held order of retirement was bad and hence set aside. Appellant ..
JT 2015 (12) SC 1 08-12-2015
I.A. No.4 in Civil Appeal No. 2851 of 2009 With Sardar Singh v. Union of India And Ors. I.A.No.5 in Civil Appeal No. 2852 of 2009
Rattan Singh vs Union of India And Anr
LAND ACQUISITION Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24(2) - Deemed lapse of proceedings - Award passed on 24.6.1968 - No compensation paid - Plea that possession was taken only on paper, denied by respondent - Accordin..
JT 2015 (12) SC 5 08-12-2015
Civil Appeal No. 14055 of 2015 (Arising out of S.L.P. (C) No. 7798 of 2015)
Andisamy Chettiar vs Subburaj Chettiar
Practice and Procedure Civil Procedure Code, 1908 Section 107(1)(d) read with Rule 27 of Order XLI, Section 115 - Additional evidence - Application for, allowed by appellate court - Said order set aside by High Court in exercise of revisional jurisdiction - Justification - No application was move..
JT 2015 (12) SC 69 08-12-2015
Criminal Appeal No. 1655 of 2015 (Arising out of Special Leave Petition (Crl.) No(s). 9245/2013)
Ali Hasan @ Mallah vs State of Uttarakhand
Criminal Laws Penal Code, 1860 Sections 376 and 506 - Conviction under for ten years and one year, respectively - Neither trial court nor High Court gave any indication for the award of ten years under Section 376. Held sentence under Section 376 reduced to seven years (minimum sentence). Sentence..
JT 2015 (12) SC 73 08-12-2015
Civil Appeal No.14143 of 2015 (Arising out of Special Leave Petition (C) No(s). 758/2014)
Dr. NTR University of Health Sciences vs L. Prakasam Reddy
SERVICE & LABOUR LAWS Departmental Proceedings - Dismissal of Deputy Registrar Incharge of Examination branch, on the ground of tampering with mark list and forging two letters to get a student declared as passed in connivance with superintendent of examination - High Court on writ found that dis..
JT 2015 (9) SC 68 01/10/2015
Civil Appeal No. 8194 of 2015 Arising out of Special Leave Petition (Civil) No. 33549 of 2014
State Bank of Hyderabad vs Rabo Bank
PRACTICE & PROCEDURE Civil Procedure Code, 1908 Order 37, Rule 3 - Summary Suit by plaintiff-respondent before High Court in respect of various Bills of Exchange alleged to have been accepted by Appellant Bank - Bill of Exchange neither signed nor stamped as per provisions of Negotiable Instrumen..
Appellant vs Respondent
JT 2015 (8) SC 568 09-09-2015
Crl. A. No. 56879
Ram vs Shyam
Criminal Law Penal Code Murder - ..
Transferred Case (Civil) No.151 of 2013 23-08-2015
Transfer Petition (Civil) No.921 of 2015
J. Chelameswar, S.A. Bobde & C. Nagappan, JJ. vs Transfer Petition (Civil) No.921 of 2015
FUNDAMENTAL RIGHT Constitution of India, 1950 Article 21 Right to privacy Whether a right guaranteed under Constitution - Aadhaar Card Scheme Compiling of demographic and biometric data Privacy of Questions of far reaching importance - Apparent unresolved contradiction in law declared in various j..
JT 2016 (1) SC 277 21-04-2015
Civil Appeal Nos.3375-3376 of 2005 [From the Judgment and Order dated 12.12.2003 of the Division Bench of High Court of Judicature at Allahabad in Special Appeal Nos. 545 and 550 of 2000]
Ramgarh Farms and Industries Ltd. vs State of Uttar Pradesh and others
LAND ACQUISITION U.P. Imposition of Ceiling on Land Holdings Act, 1960 Section 10 - U.P. Zamindari Abolition and Land Reforms Act, 1950 - Forest Act - Appellant given land on lease executed by Raja 'H' which came into effect from 01.07.1951 - Appellant was recorded as Bhumidar of various lands and..
CONSTITUTIONAL UNDERPINNINGS OF A CONCORDIAL SOCIETY
GREAT INJUSTICE TO URDU IN INDIA
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