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Review Petition of Telangana for division of assets rejected by SC
Govt willing to remove cap on appointment of lawyers as SC judges
Five-judge bench to examine if Supreme Court comes under RTI
Supreme Court panel requests Australian authority for sale of PACL properties
Unitech tells SC it does'nt have funds to refund home buyers
Ban on registration of large diesel cars lifted, 1% environment cess imposed
Tengpora killings: Contempt proceedings against top cops stayed by SC
States to consider life imprisonment for milk adulteration
Defamation cases cannot be filed against political opponents for criticism : SC to Jayalalithaa
SC issues guidelines for selection of Trial Court Judges
Tradition cannot justify Jallikattu : SC
SC directs Maharashtra government to set up a medical board to examine an alleged rape victim who wants to abort her 24-weeks-old 'abnormal' fetus.
Salman Khan acquitted in Chinkara poaching case by Rajasthan HC
Congress Rule in Arunachal Pradesh restored :SC
SC refers LGBT Celebs Plea against Section 377 to Constitution Bench
SC says it will examine if Triple Talaq is violative of Fundamental Rights
Minor in Mercedes hit and run case to be tried as adult
Ordinance signed partially over-turning SC order on NEET
Petitions challenging Constitutional validity of sections 499 and 500 IPC, dismissed by SC
No call drops compensation
SC : Students who appeared in NEET 1 can sit in NEET 2
Bombay High orders Adarsh Housing Society building's demolition
SC clears common medical entrance test NEET
2013 SC judgement on Common Medical Entrance Test recalled
Vijay Mallya directed to disclose assets by 21st April.
President Rule in Uttarakhand stayed, floor test ordered
Photos of CM, Ministers and Governor, allowed in Govt. Ads
EPF Tax Proposal rolled back
SC asks BCCI as to why ministers need to be involved in cricket related matters
PIL for making Intelligence Agencies accountable, dismissed as getting into the domain of intellgence a threat to national security
Supreme Court tells AAP to resolve issue instead of approaching Court every time
Wife's letter threatening divorce held to be an act of cruelty by Delhi High Court
Army's command and exit policy upheld by Supreme Court
SCBA president Mr. Dushyant Dave resigns
Madras High Court Judge stays SC transfer order, plans to file FIR against SC judges
decision to take up the matter relating to marriage and divorce rights of Muslim women, receives opposition from Jamiat-Ulama-i-Hind.
SC refers 377 IPC petitions to 5 judge Bench
Supreme Court recalls notice to AP's Governor, calling it a mistake and conceding that he enjoys immunity for acts done in official capacity
Passive Euthanasia, Supreme Court to hear Petitions
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
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JT 2016 (8) SC 391
Vivek Singh Vs. State of U.P. & Anr.
SERVICE AND LABOUR LAWS Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 Selection - Reservation for physically handicapped - Appellant applying under Physically Handicapped category for post of Deputy Collector - UPPSC recommended him for post ..
JT 2016 (8) SC 355
Delhi Agricultural Marketing Board Vs. Hakumat Rai
SHOP ALLOTMENT Delhi Agricultural Produce Marketing (Regulation) Act, 1998 Shop allotment in notified area - Whether a matter of legal right - Petitioner was a commission agent of fruits and vegetables, at Daryaganj - Said place denotified and Mandi shifted to Okhla - No shop allotted to him nor..
JT 2016 (8) SC 369
State of Haryana Vs. Ram Mehar & Others Etc. Etc.
CRIMINAL LAWS Criminal Procedure Code, 1973 Section 311 - Prayer for recall of witness - Whether court should adopt a “magnanimous approach" while considering it. Held, use of word 'magnanimous'' in various related decisions does not mean individual generosity or magnanimity founded on fanciful no..
JT 2016 (8) SC 252
M.S. Kazi Vs. Muslim Education Society & Ors.
PRACTICE & PROCEDURE Constitution of India, 1950 Article 226, 227 - Whether a tribunal/court whose order is challenged in a Special Civil Application under Articles 226, 227 is a necessary party to the proceeding - Challenge to termination order, dismissed by Tribunal - Special Civil Application u..
JT 2016 (8) SC 256
M/s. Industrial Promotion & Investment Corporation of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr.
INSURANCE LAW Rule of contra proferentem - Insurance Policy covered ‘theft following an actual forcible and violent entry/or exit from the premises’ - Appellant made a case for theft without forcible entry - Respondent No.1 rejected the claim as for a valid claim violent and forcible entry was nec..
JT 2016 (8) SC 183
Brij Lal Vs. State of Rajasthan
CRIMINAL LAWS Penal Code, 1860 Section 96 - Plea of self defence as allegedly mob attacked accused - Reliance placed on injuries on persons of accused - Firing by two accused at the crowd resulted in death of three and injuries to two. Held there is overwhelming evidence to show that mob which had..
JT 2016 (8) SC 230
Shri Vimal Kishor Shah & Ors. Vs. Mr. Jayesh Dinesh Shah & Ors.
ARBITRATION Arbitration and Conciliation Act, 1996 Sections 2(b), 2(h) read with Section 7 - Maintainability of Application under Section 11 for appointment of arbitrator, challenged on ground of absence of arbitration agreement - Whether a clause in trust deed (clause 20) providing for resolution..
JT 2016 (8) SC 201
State of U.P. & Ors. Vs. Dr. Dinesh Singh Chauhan
EDUCATION Post Graduate Medical Education Regulations, 2000 Regulation 9, Clause IV - Validity of State Government notification dated 28.2.2014 reserving 30% quota for those who spent three years as medical officers in remote/notified area for admissions in Post Graduate 'Degree' Courses - Whether..
JT 2016 (8) SC 167
Baburao s/o Narayanrao Terkar Vs. Pokhardas s/o Bhanumal Khatnani died through L.Rs. and others
EVICTION Hyderabad Houses (Rent, Eviction, and Lease) Control Act, 1954 Section 15 – Eviction – Ground of wilful default in payment of rent – Immediately upon receipt of notice from appellant-landlord, tenant approached Rent Controller and deposited rent prior to institution of eviction applicati..
JT 2016 (8) SC 170
Virender Khullar Vs. American Consolidation Services Ltd. & Ors.
CONSUMER PROTECTION Consumer Protection Act, 1986 Section 23 - Contract Act, 1872, Section 230 - Liability of agent - Goods handed over to Respondent No.1, agent of buyer, Respondent no.3 (Subsidiary of Coronet Group Inc.) - Respondent no.1 delivered the goods to Respondent no.4, carrier - Consign..
JT 2016 (8) SC 247
Arvind Kumar Sharma Vs. Union of India & Ors.
ARMS Arms Act, 1959 Illegal sale of prohibited /NSP bore weapons to general public and to criminals - PIL filed - Affidavit of adjutant officer, showing recovery of weapons and action taken/in process against those involved in sale - Ministry of Defence and State of Rajasthan directed to file affi..
JT 2016 (8) SC 125
Y. Najithamol & Ors. Vs. Soumya S.D. & Ors.
SERVICE & LABOUR LAWS Department of Posts (Postman/ Village Postman and Mail Guards) Recruitment Rules, 1989 Column 11 - Post of postman - Whether appointment from Gramin Dak Sevaks (GDS) to the post of postman is only by promotion and not by direct recruitment and therefore there can be no reserv..
JT 2016 (8) SC 111
Kala @ Chandrakala Vs. State Through Inspector of Police
CRIMINAL LAWS Extra judicial confession - Allegedly wife confessed to her sister-in-law (PW4) about killing deceased and promised to give properties, if PW4 did not inform police - Yet PW4 went to police - In cross-examination PW4 admitted that she signed the agreement for sale of land executed by ..
JT 2016 (8) SC 118
B.H. Khawas Vs. Union of India & Others
SERVICE & LABOUR LAWS Caste certificate - Appointments protected by Milind's case [JT 2000 Suppl. (3) SC 213]- Appellant, appointed to a post reserved for scheduled tribe (ST) on a provisional basis and subject to verification of his caste certificate - Caste Certificate Scrutiny Committee found th..
JT 2016 (8) SC 70
M/s. Rayala Corporation Pvt. Ltd. Vs. Assistant Commissioner of Income Tax
INCOME TAX Rental Income of Private Limited Company from house property - Whether taxable under the head ‘income from house property’ or 'Profit and gains of business or profession’ - Plea of assessee that since it is in business of renting its property, it should be taxed under the latter head - ..
JT 2016 (8) SC 73
Smt. B. Narasamma Vs. Deputy Commissioner Commercial Taxes Karnataka & Anr.
VALUE ADDED TAX Karnataka Value Added Tax Act, 2003 [Post 01.04.2005] Section 4 - Karnataka Sales Tax Act, 1957, Section 5B, Sixth Schedule - Central Sales Tax Act, 1956, Sections 14 and 15 - Constitution of India, 1950, Articles 286 and 366(29A) [After 46th Amendment] - Taxability of goods declar..
JT 2016 (8) SC 58
Municipal Corporation of Delhi Vs. North Delhi Power Ltd. (Now Tata Power Delhi Distribution Ltd.)And Anr.
PROPERTY TAX Delhi Municipal Corporation Act, 1957 Section 119 - Delhi Electricity Reforms Act, 2000 - Delhi Electricity Reforms (Transfer Scheme) Rules, 2001, Schedule F and G - Property tax - Exigibility - Whether NDPL was not liable to pay property tax on vacant land allotted to it as it belong..
JT 2016 (8) SC 48
State of Uttarakhand & Ors. Vs. Rajiv Berry & Ors.
LAND ACQUISITION Land Acquisition Act, 1894 Section 5A - Setting aside of Land Acquisition - Ground of improper consideration by State Government of Collector's report submitted after holding enquiry under section 5A wherein landowners raised their objections - Objections rejected on merit - Decis..
JT 2016 (8) SC 41
Tamilnadu Terminated Full Time Temporary Lic Employees Association Vs. S.K. Roy, The Chairman, Life Insurance Corporation of India & Anr.
REVIEW Constitution of India, 1950 Article 137 - Power of Review - Exercise of - Vide Order dated 18.3.2015, Apex Court upheld the award passed by Central Government Industrial Tribunal directing LIC to absorb concerned workmen in the permanent posts with all consequential monetary benefits - Revi..
JT 2016 (8) SC 86
Gujarat Urja Vikas Nigam Ltd. Vs. Essar Power Limited
ELECTRICITY Electricity Act, 2003 Power Purchase Agreement between appellant and respondent EPL, a generation company - Interpretation of - EPL was required to allocate 300 MW out of total 515 MW of electricity to appellant and remaining 215 MW to ESL, a sister concern of EPL - Admittedly Responde..
JT 2016 (8) SC 26
M/s. HCL Infosystem Ltd. Vs. Central Bureau of Investigation.
PREVENTION OF CORRUPTION Prevention of Corruption Act, 1988 Section 4(3) - Criminal Procedure Code, 1973, Section 26 - Jurisdiction of Special judge to try non-PC matters and person other than public servant, when Public Servant dies before commencement of trial - Appellant was named as co-accuse..
JT 2016 (8) SC 1
Ambika Savaria & Ors. Vs. Sanjay Sharma & Ors.
EVICTION Chhattisgarh Accommodation Control Act, 1961 Section 12(1)(e) - Doctrine of tenant’s estoppel - Eviction suit - Ownership of suit house disputed – High Court reversing the concurrent findings of lower courts in favour of plaintiff landlord on the ground that no evidence led to prove owner..
JT 2016 (8) SC 14
Vijay Kumar Mishra and Another Vs. High Court of Judicature at Patna and Others
JUDICIAL SERVICE Constitution of India, 1950 Article 233(2) - Bar under - Eligibility for post of District Judges - Whether appellants, who were in State Subordinate Judicial Service were barred from appearing in the selection process for post of District Judge - Article 233(2) bars a person who ..
JT 2016 (8) SC 22
Narayanappa (D) By Lrs. Vs. B.S. Ramaswamy (D) By Lrs. & Ors.
LAND LAWS / PRACTICE & PROCEDURE Karnataka Land Reforms Act, 1961 Section 48A - Clerical or arithmetic error -Claim of occupancy right in Survey No. 93 rejected by tribunal - Order attained finality - Amendment sought by filing application, claiming occupancy right in Survey No. 134, after cut off..
JT 2016 (8) SC 5
Commissioner of Central Excise, Ahmedabad Vs. M/s Gujarat Ambuja Exports Limited
CUSTOMS Customs Act, 1962 Notification No. 21/2002-Cus dated 01.03.2002 read with Notification No. 66/2004-Cus dated 09.07.2004 - Benefit of - Non-fulfillment of conditions - As per notifications, crude oil (non-edible oil) could be imported by paying customs duty @20%, only when it is to be used ..
JT 2016 (8) SC 37
D.T.C. Vs. Gian Chand
SERVICE AND LABOUR LAW Direction to pay 60% back wages with reinstatement, challenged. Held, on facts, direction for back wages set aside. Respondent to be reinstated with continuity of service...
JT 2016 (8) SC 39
Ajinath Gulab Saykar Vs. Executive Engineer, Public Works Department, Ahmednagar
SERVICE AND LABOUR LAW Enhancement of one time compensation - Plea that facts are fully covered by judgment in Fula Bhoru Ughade, wherein compensation was enhanced from Rs.40,000/- to Rs. 1 lac. Held appellant directed to make representation to respondent. If his case is covered by Fula's case, Rs..
JT 2016 (8) SC 56
Girish S/O Dharmavir Madan Through Its GPA Vs. Nandkumar S/O Shankarrao Rasne And Ors.
Eviction proceeding - Plea that eviction not possible unless appellant's 3/7th share of properly is identified. Held direction issued to trial court to appoint court commissioner in the decree proceeding to identify respective shares within two months. Eviction proceeding till then be kept in abeyan..
JT 2016 (8) SC 57
Shaikh Hamid SK. Hanif Etc. Etc. Vs. Salim Baig Yusuf Baig & Ors.Etc. Etc.
CASTE VERIFICATION High Court remitting scrutiny of caste verification of appellant to scrutiny committee. Held, appellant rightly contends that scrutiny committee has no power of review. However, High Court intended the committee to look into the matter a fresh. Orders dated 20.01.2012 and 26.8...
JT 2016 (7) SC 578
Swami Achyutanand Tirth & Ors. Vs. Union of India & Ors.
FOOD ADULTERATION Food Safety and Standards Act, 2006 (FSS Act) Penal Code, 1860, Sections 272, 273 - Question relating to invocation of Sections 272/273 IPC for violation under FSS Act - Milk Adulteration - PIL filed, relying on report titled ‘Executive summary on National Survey on milk adultera..
JT 2016 (8) SC 38
Aditi Wadhera Vs. Vivek Kumar Wadhera
MATRIMONIAL LAWS Hindu Marriage Act, 1955 Section 13B - Constitution of India, 1950, Article 142 - Waiving of statutory period of waiting - In mediation, matter amicably settled - Monetary part of settlement complied with - Only order on pending criminal cases and application for divorce on mutua..
JT 2016 (7) SC 475
Lourdes Society Snehanjali Girls Hostel And Anr. Vs. M/S H & R Johnson (India) Ltd. & Ors.
CONSUMER PROTECTION Consumer Protection Act 1986 Section 2(d) - Consumer - Whether Appellant society running a girl's hostel is a commercial establishment and tiles purchased by it are for commercial use. Held, no. Society runs hostel for benefit of tribal girls's and maintains it free of cost, wi..
JT 2016 (7) SC 497
Educ. Cons. (I) Ltd. SC/ST Empl.Wel.Asso. Vs. Union of India & Others
SERVICE & LABOUR LAWS Extension of tenure - Proposal for extension of Respondent no.4's tenure as Chairman-cum-Managing Director, Ed.CIL, for a period of 5 years made by Ministry of HRD, Department of Education - In absence of response from CVC, initially extension granted for 3 months - CVC vide..
JT 2016 (7) SC 487
M/s Electrotherm (India) Ltd. Vs. Patel Vipulkumar Ramjibhai & Ors.
ENVIRONMENT Environment (Protection) Act, 1986 Environment (Protection) Rules, 1986 -EIA Notification 2006 - Public hearing -Exemption of - Grant of environmental Clearance (EC) for expansion of existing plant, whether justified without public hearing. Held, no. At the time of commencement of plan..
JT 2016 (8) SC 154
Archbishop Raphael Cheenath S.V.D. Vs. State of Orissa & Anr.
PIL Communal violence - Assassination of Swami Laxmanananda Saraswati and others by Maoists - Alleged failure of State Government to deploy adequate police force to maintain law and order - As per investigating team of NHRC adequate forces were deployed though forces could have arrived in sufficien..
JT 2016 (7) SC 577
Suzanne Farisha Syiem Dutt Vs. Sabyasachi Dutt
FAMILY COURT Guardians and Wards Act, 1890 Sections 9, 25 - Child custody - Jurisdiction of court - Question pending in district court. Held court to first decide the question of jurisdiction in dealing with matter under Section 25. Appellant's contention to consider jurisdiction in terms of Secti..
JT 2016 (7) SC 592
Arun Babulal Parashar Vs. Ahmedabad Municipal Corporation
Appeal against order of single judge held to be not maintainable by Division Bench. Held, case is covered by judgment in Jogendra Sinhji Vijay Singhji. Order of Division Bench set aside. Matter remitted back. ..
JT 2016 (7) SC 457
Madina Begum & Anr. Vs. Shiv Murti Prasad Pandey & Ors.
LIMITATION Limitation Act 1963 Article 54 of Schedule I - Limitation - Agreement to sell - ‘G’ entering into sale agreement with ‘M’ - In her Will, ‘G’ mentioned about sale agreement and pending registration and remainder of sale - It was also mentioned that in case of her death, ‘S’ and ‘D’ would..
JT 2016 (7) SC 463
Lok Prahari Vs. State of U.P. & Ors.
PIL / GOVERNMENT ACCOMMODATION Ex-Chief Ministers Residence Allotment Rules, 1997 Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, sections 2(e) and 4 - PIL against retention of bungalow by Ex-Chief Ministers of UP even after demitting office - Whether Rules ..
JT 2016 (8) SC 13
Bahubali Ravaji Doshi And Ors. Vs. State of Maharashtra And Anr.
Direction issued to Reference Court to release 50% of the amount deposited by State without security and remaining amount, with security to the satisfaction of the court. This order will govern the case of appellant as well...
CONSTITUTIONAL UNDERPINNINGS OF A CONCORDIAL SOCIETY
GREAT INJUSTICE TO URDU IN INDIA
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