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LATEST JUDGEMENTS
  • JT 2016 (4) SC 417 29-04-2016
    Mohammad Sadique Vs. Darbara Singh Guru
    ELECTION Representation of the People Act, 1951 Sections 5 and 116A - Constitution (Scheduled Caste) Order 1950 - Election to constituency reserved for Scheduled Castes – Appellant's election challenged as he being a muslim and not a Scheduled Caste, was not qualified to contest the election from ..
  • JT 2016 (4) SC 383 28-04-2016
    Sankalp Charitable Trust And Anr. Vs. Union Of India And Ors.
    MEDICAL EDUCATION Medical Council of India/Dental Council of India Proposal to hold examination in pursuance of notification dated 21.12.2010 issued by MCI and Dental Council of India (DCI) - National Eligibility Cum Entrance Test (NEET) as per notification to be held - Respondent giving details w..
  • JT 2016 (4) SC 430 27-04-2016
    Nikhil Kumar Vs. Rupali Kumar
    MATRIMONIAL LAW Hindu Marriage Act, 1955 Section 13B(2) - Constitution of India, 1950, Article 136 read with Article 142 - Mutual divorce - Waiver of six months period under Section 13B(2) sought as wife wants to move to New York on 29.4.20014 to settle there but matter has been posted in October..
  • JT 2016 (4) SC 368 27-04-2016
    Ashok Kumar Giri Vs. Govt. Of India And Ors.
    SERVICE AND LABOUR LAW Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Protection) Act, 1995 Section 33 - Reservation of posts - 3% reservation - Division Bench High Court declined relief to appellant on the ground that there was no scope to reserve any post since the ..
  • JT 2016 (4) SC 363 26-04-2016
    M.K.Indrajeet Sinhji Cotton P. Ltd. Vs. Narmada Cotton Coop. SPG. Mills Ltd. & Ors.
    PRACTICE & PROCEDURE Gujarat Co-operative Societies Act, 1961 Sections 112 and 166, 167 - Bar of suit in winding up and dissolution matters - Jurisdiction of Registrar - Appellant sought leave under Section 112 to continue a recovery suit filed against the society prior to Society's winding up ord..
  • JT 2016 (4) SC 340 25-04-2016
    Devinder Singh & Ors. Vs. State of Punjab through CBI
    Criminal Laws Criminal Procedure Code, 1973 Section 197 - Punjab Disturbed Areas Act, 1983 (as amended in 1989), Section 6 - Sanction to prosecute public servant - Prosecution alleging fake encounter, resulting in death of four persons - Defence version describing the act as one in discharge of of..
  • JT 2016 (4) SC 267 22-04-2016
    Visvesvaraya Technological University Vs. Assistant Commissioner of Income Tax
    INCOME-TAX / EDUCATION Income Tax Act, 1961 Sections 148, 10(23c)(iiiab) - Claim for exemption under Section 10 (23c) (iiiab), while filing return, showing income as 'Nil' for AY 2004-2005 to 2009-2010, rejected - First condition for exemption was that university should run for sole purpose of edu..
  • JT 2016 (4) SC 242 19-04-2016
    Essar Steel Ltd. Vs. Union of India & Ors.
    EXECUTIVE POLICY Constitution of India, 1950 Articles 14 and 73; Schedule 7, List I, Entry 53 - Business Transaction Rules, 1961 - Executive policy on commercial matters relating to RLNG - Central Government issued impugned policy directive dt. 06.03.2007 to Petronet that gas prices being charged ..
  • JT 2016 (4) SC 181 19-04-2016
    Rajesh Verma Vs. Ashwani Kumar Khanna
    ARBITRATION Arbitration And Conciliation Act, 1996 Section 11 - Appointment of arbitrator - Jurisdiction of High Court - On Respondent's application, Single Judge, High Court appointed a lawyer as sole arbitrator and also touched upon the merits of the case Justification. Held, jurisdiction of Co..
  • JT 2016 (4) SC 187 19-04-2016
    Chaman and Another Vs. State of Uttarakhand
    CRIMINAL LAWS Penal Code, 1860 Sections 302, 364 read with 34 - Abduction and murder - FIR filed by wife stating that appellant and two others had came to her house, twice, in search of her son ‘V’ - Second time when they came in jeep, not finding ‘V’ at home, they took away her husband - On arres..
  • JT 2016 (4) SC 210 19-04-2016
    Ramesh Rajagopal Vs. Devi Polymers Private Limited
    CRIMINAL LAWS Penal Code, 1860 Sections 409, 463, 468 - Criminal Procedure Code, 1973, Section 482 - Offence of forgery and misappropriation - Appellant was a director in Company ‘D’ which had three units - One unit ‘C’ rendered consultancy services and was headed by appellant - For improvement o..
  • JT 2016 (4) SC 124 18-04-2016
    National Highways Authority of India Vs. M/S JSC Centrodorstroy
    ARBITRATION Construction of terms of a contract - Conditions of Particular Application (“COPA”), clause 70.8 - Claim of additional compensation due to increase in service tax from 5% to 10.3% on insurance premium and bank guarantee charges, allowed by arbitrator - Whether claim relating to insuranc..
  • JT 2016 (4) SC 127 18-04-2016
    Medical Council of India Vs. V.N. Public Health & Educational Trust & Ors
    MEDICAL EDUCATION Establishment of the Medical College Regulations, 1999 Indian Medical Council Act, 1956, Section 10A - Essentiality certificate - Establishment of a new medical college from the academic year 2016-17 - State of Kerala issued an invalid certificate on 31.8.2015 - Noticing that the..
  • JT 2016 (4) SC 106 13-04-2016
    T. Kocha Vs. State of Kerala & Ors.
    Scheduled Castes Scheduled Castes And Scheduled Tribes Orders (Amendment) Act 1976 Schedule, Part VII, Item 61 - Constitution (Scheduled Castes) Order 1950, Item 22 of Part XVI - Constitution Scheduled Castes (Modification) Order, 1956, Item 14, Part V - Constitution (Scheduled Castes) Order (Amen..
  • JT 2016 (4) SC 58 13-04-2016
    Raj Kumar Vs. Director of Education & Ors.
    SERVICE AND LABOUR LAW Industrial Disputes Act, 1947 Sections 25F(a), (b) and (c) [as amended] - Industrial Disputes (Central) Rules, 1957, Rule 76 - Industrial Disputes (Amendment) Act, 1964 - Retrenchment - Non-compliance of conditions precedent - Appellant, a driver in permanent job with the re..
  • JT 2016 (4) SC 78 13-04-2016
    Eveready Industries India Ltd. Vs. State of Karnataka
    ENTRY TAX Karnataka Tax on Entry of Goods Act, 1979 Sections 5, 6 - Karnataka Sales Tax Act, 1957, Section 8-A - Exemption Notification dated 25.06.1997 - General notification No. FD.11.CET.93(3) dated 31.03.1993 - Notification No.FD 239 CSL 90(1), dated 19.6.1991 - Notification dated 21.6.1991 - ..
  • JT 2016 (4) SC 84 13-04-2016
    Sheikh Sintha Madhar @ Jaffer @ Sintha Etc. Vs. State Rep. by Inspector of Police
    Criminal Laws Eye-witnesses - Conspiracy by 13 accused to kill deceased - Two groups formed - Six accused of first group attacked deceased with weapon and killed him - A7 stood nearby unarmed - Incident witnessed by deceased’s daughter PW 1, who came out after hearing the scream of deceased - Saw ..
  • JT 2016 (4) SC 55 13-04-2016
    Pallav Sheth Vs. Canara Bank
    Criminal Laws Penal Code, 1860 Section 409 - Misappropriation - Liability to pay Rs. 83,00,000/- to bank for 2000 shares admitted by appellant - Cheques issued, dishonoured - Plea that it is only civil liability without any criminal intention not accepted by special court and appellant convicted u..
  • JT 2016 (4) SC 46 12-04-2016
    Kusum Harilal Soni Vs. Chandrika Nandlal Mehta and Anr.
    TENANCY / PRACTICE & PROCEDURE Civil Procedure Code, 1908 Order 21, Rules 41, 42, 22 - Attachment of property - Eviction proceedings - Order for possession of licensed flat and compensation passed by competent authority on 6.12.2000 attained finality - Possession given on 17.7.2001 but compensatio..
  • JT 2016 (4) SC 1 12-04-2016
    Delhi Development Authority Vs. M/s Anant Raj Agencies Pvt. Ltd.
    PROPERTY LAWS / LEASE Delhi Development Act, 1957 Section 21(1) and 22 - Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, Rule 2(i) and Rule 43 - Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Sections 2(e)(3)(ii) and 2(g) - Lease Deed, Clause III(b) and..
  • JT 2016 (4) SC 92 12-04-2016
    Amanullah and Anr. Vs. State of Bihar and Ors.
    Criminal Laws Constitution of India, 1950 Article 136 - Appeal by third party - Maintainability - Cognizance taken by Chief Judicial Magistrate against husband and others under Sections 302 and 120B/34 for murdering wife - Respondent nos. 2 to 9 filed petition under Section 482 CrPc which was al..
  • JT 2016 (4) SC 118 11-04-2016
    Medical Council of India Vs. Christian Medical College Vellore & Ors.
    MEDICAL EDUCATION Admissions - National Eligibility-cum-Entrance Test (NEET) - According to the Notifications dated 21.12.2010 and 31.05.2012, MCI and DCI to conduct an All India Entrance Examination to form the basis of admissions into the M.B.B.S. as well as Post-graduate Courses in all medical c..
  • JT 2016 (4) SC 119 11-04-2016
    K.S. Joseph Vs. Philips Carbon Black Ltd. & Anr.
    Criminal laws Criminal Procedure Code, 1973 Sections 145(1), 200 - Whether cognizance of complaint under section 138 of NI Act could not have been taken in absence of examination of complainant on solemn affirmation under Section 200. Held, the non obstante clause in sub-section (1) of Section 145..
  • JT 2016 (4) SC 17 08-04-2016
    Centre For Public Interest Litigation Vs. Union of India &Ors.
    TELECOM / JUDICIAL REVIEW Judicial Review - Policy decision - BWA spectrum auctioned - IBSPL which successfully bid for BWA spectrum, was a ISP category 'A' licensee - Post auction, migration of ISP licencees, holding BWA spectrum to Unified License (UL) was permitted thereby permitting voice tele..
  • JT 2016 (4) SC 114 07-04-2016
    Manish Kumar Sureka Vs. West Bengal Financial Corporation and Ors.
    BIDS Prayer to extend time to deposit bid amount, rejected by High Court - Appellant had failed to deposit Rs.1.75 crore due to bereavement in the family and there was delay of two days - Two drafts of Rs.85 lacs and Rs.90 lacs were ready on the day when case was called - High Court declined to gra..
  • JT 2016 (3) SC 485 05-04-2016
    Narayan Vs. Babasaheb & Ors.
    LIMITATION Limitation Act, 1963 Articles 60, 109 - Hindu Minority and Guardianship Act, 1956, Section 8 - Limitation - Applicability of Articles 60 and 109 - Transfer of property by guardian of a ward - Ancestral suit property sold by Mother of plaintiffs in 1982 after death of father - Suit filed..
  • JT 2016 (3) SC 494 04-04-2016
    Dr. Gokarakonda Naga Saibaba Vs. State of Maharashtra
    CRIMINAL LAWS Bail - Grant of, opposed on the ground of likelihood of indulgence in anti-national activities - All material witnesses examined and cross-examined, except 8 - Submission that if he is detained for two days, 8 witnesses will also be examined. Held, petitioner has never misused the con..
  • JT 2016 (4) SC 16 01-04-2016
    Tota Ram Vs. M/s. Belliss India (Private) Limited
    Service and Labour Law Apex Court, considering appellant's 14 years of service, directing payment of Rs. 2.5 lacs in full and final settlement in lieu of reinstatement with backwages. If he is not satisfied with the amount, he can make an application before the court...
  • JT 2016 (3) SC 385 30-03-2016
    Hardei Vs. State of U.P.
    CRIMINAL LAWS Criminal Procedure Code, 1973 Section 319 - Summoning - Embezzlement of funds from account of MNREGA Scheme - 'M' and appellant, who were co-signatories and without whose joint signatures amount could not have been withdrawn, summoned by Magistrate - Order challenged on the ground th..
  • JT 2016 (3) SC 383 30-03-2016
    Purple India Holdings Ltd. Vs. Drilling & Offshore Pte. Ltd.
    ARBITRATION Arbitration and Conciliation Act, 1996 Section 11(6) - Appointment of arbitrator - Petitioner calling upon respondent to name arbitrator, but no response received - Left with no alternative petitioner sought appointment of arbitrator under Section 11 (6) - Respondent did not appear or..
  • JT 2016 (3) SC 502 30-03-2016
    Commissioner of Central Excise, Indore Vs. M/s Grasim Industries Ltd.
    EXCISE Central Excise Act, 1944 Sections 3 and 4 - Respondent, a manufacturer of industrial gases, supplied gases in containers to customers and charged certain amount under different heads - These charges not reflected in sale invoices for purpose of computation of assessable value but treated a..
  • JT 2016 (3) SC 369 30-03-2016
    Savelife Foundation & Anr. Vs. Union of India & Anr.
    MOTOR VEHICLE ACCIDENT/ PIL Articles 32, 21, 142 - Protection of Samaritans, by-standers and passers-by who help victims of road accident - Fear of police harassment and legal battles - Need for supportive Legal Framework - Recommendations of Committee constituted by Apex Court for protection of S..
  • JT 2016 (3) SC 420 30-03-2016
    Raghavendra Swamy Mutt Vs. Uttaradi Mutt
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Sections 96, 100 and 101; Order XLI, Rule 5 and Order XLII, Rules 1 and 2 - Second appeal - Exercise of jurisdiction - Condition precedent - Whether High Court could entertain IA No. 1/2015, seeking interim relief , when it had not yet admitted the ..
  • JT 2016 (3) SC 442 30-03-2016
    State of Punjab & Anr. Vs. Brijeshwar Singh Chahal & Anr.
    SERVICE & LABOUR LAWS Constitution of India, 1950 Article 14 - Appointment of Law Officers by State Governments of Punjab and Haryana, challenged as arbitrary and violative of Article 14 - Petitioners, appointed as Assistant Advocate General, on contractual basis, challenged the fairness and legal..
  • JT 2016 (3) SC 387 29-03-2016
    C.I.T.-4, Mumbai Vs. M/S Kotak Securities Ltd.
    INCOME TAX Income Tax Act, 1961 Sections 9(1)(vii), Explanation 2, 40(a)(ia) and 194J - Fees for technical or professional services - Transaction charges paid by assessee to Bombay Stock Exchange (BSE) to transact business of sale and purchase of shares, whether amounts to payment of a fee for ‘te..
  • JT 2016 (3) SC 406 29-03-2016
    Jabal C. Lashkari & Ors. Vs. Official Liquidator & Ors.
    EVICTION Bombay Rents, Hotel And Lodging House Rates Control Act, 1947 Section 12(2), 12(3)b - Eviction on ground of non-payment of rent - Fixed long term lease - Occupant company in liquidation - Secured creditors willing to pay rent - Only reason for non-payment of rent was lack of communication..
  • JT 2016 (3) SC 361 29-03-2016
    Mohan Lal Vs. Mohan Lal & Ors.
    Limitation Limitation on redemption of usufructuary mortgage - High Court relying on Sampuran Singh's and Prabhakaran’s cases - Position taken by High Court in those decisions has been held to be no more good law in Singh Ram wherein it was held that starting period of limitation for redemption of ..
  • JT 2016 (3) SC 364 29-03-2016
    Gyaneshwar Shyamal Vs. State of West Bengal
    CRIMINAL LAWS Penal Code, 1860 Sections 148, 364/149, 307/ 149 - Crime spot - Plea that it was not clear whether occurrence took place inside or outside the house of deceased - According to PWs. 2, 3 and 8, accused were infuriated with deceased for driving away their cattle and had come armed with..
  • JT 2016 (3) SC 428 29-03-2016
    Goa Foundation & Anr. Vs. State of Goa & Anr.
    CONSTITUTION / PRACTICE & PROCEDURE Land Acquisition (Goa Amendment) Act, 2009 Section 41, sub-sections 6 to 9 [inserted vide State Amendment Act 2009] - Constitutional validity of the Amendment Act, 2009, challenged - Clause 4(viii) of Agreement executed between Government and Respondent no.3-com..
  • JT 2016 (3) SC 393 29-03-2016
    M/s. CASIO India Co. Pvt. Ltd. Vs. State of Haryana
    SALES TAX Haryana General Sales Tax Rules, 1975 Rule 28(A), sub-rule 4(2)(c) - Central Sales Tax Act, 1956, Section 8(2A) and (5) - Haryana General Sales Tax Act, 1973 - Notification dated 04.09.1995 issued under Section 8(5) and Rule 28A(4)(2)(c) - Interpretation of Notification - Assessee-compan..
  • JT 2016 (3) SC 348 28-03-2016
    D. Sudhakar Vs. State of A.P. & Ors.
    SERVICE LAW Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Section 33 - Indian Administrative Service (Appointment by Selection) Regulations, 1997 - Indian Administrative Service (Recruitment) Rules, 1954 - OM dated 29.12.2005 and OM dated 3..
  • JT 2016 (3) SC 353 28-03-2016
    Sahyadri Co-operative Credit Society Ltd. Vs. The State of Maharashtra and others
    RECOVERY Sugarcane (Control) Order, 1966 Claim of secured creditors vis-a-vis workers and cane growers - Right of precedence - Respondent nos. 5 and 6 who ran a sugar factory, took loan from appellants and pledged sugar stocks in their favour - As they ran into losses, Commissioner of Sugar Specia..
  • JT 2016 (3) SC 325 18-03-2016
    Raghavendra Swamy Mutt Vs. Uttaradi Mutt
    Petitioner, R.S. Mutt, permitted to do ‘aradhana’ from 24th to 26th March only as an interim measure. No equity to be claimed by petitioner on the basis of this order...
  • JT 2016 (3) SC 199 18-03-2016
    Pareshbhai Annabhai Sonvane Vs. State of Gujarat & Ors.
    Criminal Laws Penal Code, 1860 Sections 395, 397, 504 - Quantum of sentence - Accused Nos. 1 to 3 convicted under Section 395 - Other charges not proved and all sentenced to 1 year RI as they were young and alleged loot was for Rs. 16,550/- only - On State's appeal, High Court enhanced sentence t..
  • JT 2016 (3) SC 200 18-03-2016
    Paul Kuriakose Vs. The Excise Inspector & Anr.
    Abkari Act Section 55A - Quantum of sentence -Conviction confirmed by High Court but sentence reduced to 3 years' RI from five years' RI and fine reduced from Rs.5 lacs to Rs. 1 lac on the ground that accused had no criminal antecedents - 450 litres of spirit was found in his car - On analysis, 80...
  • JT 2016 (3) SC 201 18-03-2016
    State of Karnataka Vs. Common Cause And Ors.etc. Etc.
    Permission granted to include photographs of Governors, Chief Ministers, Union and State Ministers in Government Advertisements. Review petition disposed of...
  • JT 2016 (3) SC 202 18-03-2016
    M/s. Moser Baer Photo Voltaic Ltd. Vs. M/s. Photon Energy Systems Ltd. & Ors.
    Negotiable Instruments Negotiable Instruments Act, 1881 Sections 138, 141, 142 - Cheque dishonoured - Since some dispute was settled in a meeting, legal notice sent demanding only settled outstanding amount and not the cheque amount - Respondent paid Rs.20 lacs, denying liability for balance amoun..
  • JT 2016 (3) SC 203 18-03-2016
    Joint Secretary, Political Department, Government of Meghalaya, Main Secretariat, Shillong Vs. High Court of Meghalaya through its Registrar, Shillong
    PRACTICE & PROCEDURE Constitution of India, 1950 Article 226 - Suo motu proceedings - Writ petition registered as “Suo motu cognizance of appointment of Lokayukta and failure to constitute Meghalaya State Human Rights Commission” - During its pendency, High Court stayed a portion of clause (a) o..
  • JT 2016 (3) SC 251 18-03-2016
    Andhra Pradesh State Council of Higher Education Vs. Union of India & Ors. etc.
    REORGANISATION OF STATES Andhra Pradesh Reorganisation Act, 2014 Sections 2(h), 5, 47, 49, 52 (4), 64 and 75; Tenth Schedule, Item 27, Part VI - Andhra Pradesh State Council of Higher Education Act, 1988 - Constitution of India, 1950, Articles 3 and 4 - Continuance of facilities in State institut..
  • JT 2016 (3) SC 265 15-03-2016
    Dattatraya Baburao Walawalkar And Others Vs. Siddhivinayak Construction Private Limited And Others
    TRUSTS Development Control Regulations For Greater Mumbai, 1991 Regulation 33(7) - Bombay Public Trust Act, 1950 - Sale of trust property - Tenanted property fetching very meager rents and the protection afforded to tenants under the Bombay Rent Act formed the necessity to sell the property - Sale..
  • JT 2016 (3) SC 164 15-03-2016
    Ajay Arjun Singh Vs. Sharadendu Tiwari & Others
    ELECTION / RES JUDICATA Representation of The People Act, 1951 Section 83(1) proviso - Conduct of Election Rules, 1961, Rule 94-A, Form 25 - Civil Procedure Code, 1908, Order VI, Rule 15(4); Order VII, Rule 11 - Return candidate's (Appellant) of application for Election petition dismissal on the ..
  • JT 2016 (3) SC 1 10-03-2016
    Babita Badasaria & Ors. Vs. Patna Municipal Corporation & Ors.
    Unauthorised construction Enormous deviation from sanctioned plan as instead of 24 flats in 6 floors as per plan, 9 floors with 6 flats, built - Demolition order attained finality with dismissal of builder's appeal by Apex Court - Writ by affected flat owners also dismissed with direction to pay th..
  • JT 2016 (3) SC 27 10-03-2016
    Bangalore Development Authority Vs. N. Jayamma
    Adverse Possession Original owner sold suit property to respondent on 22.6.1994 despite the property having been acquired by State - Purportedly possession was handed over to State on 30.8.1988 but actual possession remained with original owner - After 7 years of purchasing property, in 2001 BDA de..
  • JT 2016 (3) SC 40 10-03-2016
    Charanjit Kaur Vs. Bikram Singh & Anr.
    MATRIMONIAL LAW Dowry demand - Harassment and torture- Wife hounded out of matrimonial home - Wife filing criminal case under Sections 498A, 406 and 120B IPC - Panchayat by elders, failed - Ornaments/streedhan not returned - Husband convicted with fine but his mother acquitted - Appellant's appeal..
  • JT 2016 (3) SC 42 10-03-2016
    Employees State Insurance Corporation Vs. A.K. Abdul Samad & Anr.
    SERVICE & LABOUR LAWS Employees’ State Insurance Act, 1948 Section 85(a)(i)(b) - Provision prescribes punishment of imprisonment of not less than six months and Rs. 5000 can be awarded as fine - Proviso empowers court to impose lesser punishment but with reason - Whether court also has the judicia..
  • JT 2016 (2) SC 624 04-03-2016
    State of Punjab & Ors. Vs. M/s. Shreyans Indus Ltd. etc.
    TAXATION / LIMITATION Punjab General Sales Tax Act, 1948: Section 11(3) and (10) - Interpretation of sub-section (10) of Section 11 - Extension of time for making assessments - Assessment Years 2000-01, 2001-02, 2002-03 and 2003-04 - Three years’ time-limit for completing the assessment - Admitted..
  • JT 2016 (2) SC 636 04-03-2016
    State of Kerala Vs. P.B. Sourabhan & Ors.
    Practice and Procedure Criminal Procedure Code, 1973 Section 36 - Kerala Police Act, Section 18 - State Police Chief directing District Police Chief, to entrust investigation to Assistant Commissioner of Police (ACP) - Order appointing ACP and order of trial court, allowing ACP's application for f..
  • JT 2016 (2) SC 639 04-03-2016
    Ram Dutt (D) Through Lrs. & Ors. Vs. Dev Dutt (D) Through Lrs. & Ors.
    PRACTICE AND PROCEDURE Finality of proceedings - Proceedings as regards land which was subject matter of High Court's order dated 08-02-1979, attained finality - While dismissing SLP in the first round of litigation, Apex Court observed that as regards the left out land admeasuring 94 bighas 15 b..
  • JT 2016 (2) SC 517 02-03-2016
    State of Madhya Pradesh Vs. Goloo Raikwar and Anr.
    CRIMINAL LAWS Penal Code, 1860 Sections 300, 302, 304 Part I - Murder - Injuries sufficient to cause death - Deceased was going with PW 1, when accused hurled bomb - On explosion victims fell down and were assaulted by accused persons - Conviction of two accused under Section 302 altered by High ..
  • JT 2016 (2) SC 524 02-03-2016
    Shahid Khan Vs. State of Rajasthan
    CRIMINAL LAWS Eye-witnesses - Reliability - Murder of deceased witnessed by PW 25 ('M') and his driver ‘MS’ who had come to meet deceased - They both belonged to Kota which was 150 km away from place of occurrence - PW 9 and PW 19, who on intimation, rushed to place of occurrence did not say anyt..
  • JT 2016 (2) SC 507 01.03.2016
    State of M.P. Vs. Udaibhan
    Criminal Laws Penal Code, 1860 Sections 307, 307/34 - Quantum of sentence - Conviction converted by High Court from one under Section 307 to one under Section 326 for 'R' and 326/34 for ‘U’ and ‘H’ - Sentence reduced from 10 years' RI to period already undergone, which was one year nine months - J..
  • JT 2016 (2) SC 491 29-02-2016
    Royal Western India Turf Club Ltd. Vs. E.S.I. Corporation & Ors.
    Employees State Insurance Act, 1948 Sections 2(9), 2(22), 2(23), 39 and 42 - Government of Maharashtra Notification dated 18.9.1978 - Casual employees engaged on race track and temporary staff engaged on race-days for issue of tickets, by Turf Club, whether are covered by definition of employee in ..
  • JT 2016 (2) SC 475 26-02-2016
    Sadhu Saran Singh Vs. State of U.P. And Ors.
    Criminal Laws Discrepancies in evidence - Murder of three sons of PW1 by accused in front of PW1's baithak - Conviction reversed by High Court and reference for confirmation of death penalty of accused ‘R’ and ‘K’, rejected - High Court's finding that PW1 had changed his version at the time of seco..
  • JT 2016 (2) SC 453 26-02-2016
    Nashik Municipal Corporation Vs. M/s. R.M. Bhandari & Anr.
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Sections 148 [CPC Amendment Act, 1999], 151 - Enlargement of time by court - Decree passed in favour of appellant - Execution petition dismissed by default - Consequently respondent withdrew its first appeal challenging decree - Appellant sought rest..
  • JT 2016 (2) SC 459 26-02-2016
    Gajanan Dashrath Kharate Vs. State of Maharashtra
    Criminal Laws Delay in FIR - Murder case - Incident on 7.4.2002 - FIR filed on 8.4.2002 - Police station, about 8 miles away from village of PW 1, who had to go via Akola - He reached Akola at 3 pm from where he went to police station at 5 pm, as no vehicle was available - He stated that it takes 2..
  • JT 2016 (2) SC 465 26-02-2016
    Nagabhushanammal (D) By Lrs. Vs. C. Chandikeswaralingam
    RES JUDICATA Civil Procedure Code, 1908 Section 11 - Cause of action - Earlier suit praying for possession of suit property, on basis of a settlement deed made by 'V' (originally owner of suit property and mother of plaintiff) in favour of plaintiff's husband, dismissed in 1964 - Judge refused to ..
  • JT 2016 (2) SC 471 24-02-2016
    Indore Municipal Corpn & Anr. Vs. Harish Tolani
    Illegal construction - Finding of Single Judge, High Court, that commissioner/Municipal Corporation has no power to compound any illegal construction, reversed by Division Bench - As per Division Bench, commissioner before ordering demolition, must consider the fact whether such illegal construction..
  • JT 2016 (2) SC 446 24-02-2016
    Punjab State Electricity Board Vs. Powergrid Corporation Of India & Ors.
    No depreciation on equities - Mistake corrected by Respondent even for subsequent years. Held no merit in appeal...
  • JT 2015 (2) SC 414 24-02-2016
    Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board & Anr.
    Service and Labour Law Constitution of India, 1950 Articles 14, 15, 16 and 39A - Selection - Reservation for OBC, SC ST - Submission of Caste certificate by appellant after the cut off date mentioned in the advertisement - Resultantly his name not included in final list, though he had cleared exa..
  • JT 2016 (2) SC 423 24-02-2016
    M/S Haryana Suraj Maltings Ltd. Vs. Narender Kumar
    SERVICE AND LABOUR LAW Whether High Court should have remanded the matter to Labour Court for fresh consideration, having found that the Respondent had worked for 240 days in a year - High Court ordering reinstatement with 50% back wages, as termination was illegal. Held matter should not be remand..
  • JT 2016 (2) SC 371 24-02-2016
    Subhash Chandra Vs. Gulab Bai & Ors.
    CONSTITUTION / SERVICE & LABOUR / TENANCY Madhya Pradesh Accommodation Control Act, 1961 Section 23J (ii), Chapter IIIA - Constitution of India, 1950, Article 243Q - Application for eviction under chapter IIIA - Whether maintainable by a retired Municipal Corporation employee - In Ranjit Narayan's..
  • JT 2016 (2) SC 408 23-02-2016
    Hemant Vimalnath Narichania and another Vs. Anand Darshan C.H.S. Ltd. and others
    Co-operative Society Maharashtra Co-operative Societies Act, 1960 Section 18 - Maharashtra Cooperative Societies Rules, 1961, Rule 17 - Division of an existing Co-operative Society (Respondent no.1) - Division of assets and liabilities - Final Order of Registrar dated 3.11.2008 accepting the propo..
  • JT 2016 (2) SC 472 23-02-2016
    Hina Vs. Union of India & Ors.
    Dealership Application for allotment of retail outlet of petroleum diesel dealership - Rejected on the ground that age proof submitted by appellant was not of Secondary School as per clause 2(c) of Eligibility criteria but of Higher Secondary School - Admittedly school leaving certificate submitted..
  • JT 2016 (2) SC 474 23-02-2016
    Shri Anoop Srivastava & Anr. Vs. Rais Ahmed (Barber) & Ors.
    Interim orders passed by High Court in its contempt jurisdiction stayed but High Court directed to proceed with the matter - Matter posted for hearing on 26.2.2016 in High Court. Held interim protection by Apex Court to continue till main matter is disposed of by High Court...
  • JT 2016 (2) SC 486 23-02-2016
    Ramadhar Singh & Ors. Vs. Committee of Mgt. S.M.S.P.S. Itali & Ors.
    Disputed Election to the committee of management of ‘M’ Samiti - Term of committee, three years - Election held in 2011 and 2014 - Another election getting due. Held nothing survives on facts. Committee to continue its term. Suit filed by appellant, and pending before Civil Judge shall stand dismiss..
  • JT 2016 (2) SC 377 22-02-2016
    Sayyed Ratanbhai Sayeed (D) Th. Lrs. & Ors. Vs. Shirdi Nagar Panchayat & Anr.
    Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965 Maharashtra Regional and Town Planning Act, 1966 - Bombay Highways Act, 1955 - Compromise decree - Inexecutability of - Supervening circumstances - Shri Sai Baba Sansthan, under a compromise dated 20.8.79, was oblig..
  • JT 2016 (2) SC 404 22-02-2016
    Shaji K. Joseph v. Vs. Viswanath & Ors.
    Dentists Act, 1948 Section 3(a) - Dental Council (Election) Regulations, 1952, Regulation 20 - Election of member to Dental Council of India - Nomination form of Respondent rejected by returning officer (RO) as his name not found in electoral roll in Part A of the register - Challenge to rejection ..
  • JT 2016 (2) SC 307 19-02-2016
    Kathuria Public Schools & Ors. Vs. Union of India & Ors.
    Land Acquisition In SLP, appellant undertook to deliver vacant and peaceful possession of land acquired to DDA - Possession not delivered - Contempt filed - Apology tendered - Apex Court recorded statement of 'K' to the effect that possession of land including construction thereon, was deemed to h..
  • JT 2016 (2) SC 313 18-02-2016
    Delhi Devt. Authority Vs. Prithi Pal Singh & Ors.
    Land Acquisition Act, 1894 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Land acquisition - Request for de-notification under Section 48, rejected - Disputed land lying unused for last 40 years - South Delhi Municipal Corporation, a..
  • JT 2016 (2) SC 308 17-02-2016
    State of Uttar Pradesh & Anr. Vs. M/s. Al Faheem Meetex Private Ltd. & Anr.
    TENDER Bids for construction, maintenance and operation of Ultra Modern Slaughter House on PPP model - Nagar Nigam published a Notice inviting tenders of Request for Qualification (RFQ) – Out of five financial and technical bids received, only four companies permitted to participate in the Request ..
  • JT 2016 (2) SC 326 17-02-2016
    Shobha Singh Vs. National Thermal Power Corp. & Anr.
    Land Acquisition Value of land enhanced by reference court from Rs. 242 per decimal fixed by collector to Rs. 6000/- per decimal - Enhancement set aside by High Court as erroneous - Several additional affidavit filed by Respondent showing that the value of land acquired from other person was fixed ..
  • JT 2016 (2) SC 325 16-02-2016
    Mahendra Bhimrao Kharat And Ors. Vs. Maharashtra Housing And Area Development Authority And Ors.
    Agreement already executed between parties - Only registration left - Apprehensions of appellant regarding area to be allotted after construction, agreement to be executed regarding allotment before they vacate and regarding formation of co-operative society. Held direction issued to get the agreeme..
  • JT 2016 (2) SC 316 15-02-2016
    State of Karnataka Vs. Dattaraj & others
    Criminal Laws Penal Code, 1860 Sections 498A, 304B/34 - Dowry Prohibition Act, Section 3, 4, 6 - Requirement of “soon before her death” in Section 304B - Dowry death within 7 years of marriage - Allegedly dowry given at the time of marriage and on various occasions - On refusal to meet further de..
  • JT 2016 (2) SC 15-02-2016
    N. Venkateshappa. Vs. Munemma & Ors.
    LAND Karnataka Village Offices Act, 1961 Sections 2(a), 4, 5, 6 and 7- Amendment Act 13 of 1978 (w.e.f. 07-08-1978) - Transfer of Property Act, 1882, Section 43 - Rights of an alienee of an Inam land - Doctrine of feeding the grant by estoppels - Village offices, held hereditarily, prior to commen..
  • JT 2016 (2) SC 15-02-2016
    Chandrakant Adinath Utture Vs. State of Maharashtra & Others
    LAND Maharashtra Project Affected Persons Rehabilitation Act, 1986 Sections 13 and 14 - Rehabilitation of persons affected on implementation of certain projects - Declaration of areas in affected or benefitted zones - In the gazette notification on 04.03.1994, under Section 13, the slab under Part..
  • JT 2016 (2) SC 249 15-02-2016
    Chandrakant Adinath Utture Vs. State of Maharashtra & Others
    LAND Maharashtra Project Affected Persons Rehabilitation Act, 1986 Sections 13 and 14 - Rehabilitation of persons affected on implementation of certain projects - Declaration of areas in affected or benefitted zones - In the gazette notification on 04.03.1994, under Section 13, the slab under Part..
  • JT 2016 (2) SC 274 15-02-2016
    Union of India and Anr. Vs. Lt. Col. P.K. Choudhary and Ors.
    ARMY Armed Forces Tribunal Act, 2007 Section 31 - AVS Committee suggested lowering of age profile to enhance operational preparedness of Indian Army in its fighting capabilities - Recommendations accepted and approved by Government – Subsequently 1484 additional vacancies sanctioned for allocation..
  • JT 2016 (2) SC 256 15-02-2016
    N. Venkateshappa. Vs. Munemma & Ors.
    LAND Karnataka Village Offices Act, 1961 Sections 2(a), 4, 5, 6 and 7- Amendment Act 13 of 1978 (w.e.f. 07-08-1978) - Transfer of Property Act, 1882, Section 43 - Rights of an alienee of an Inam land - Doctrine of feeding the grant by estoppels - Village offices, held hereditarily, prior to commen..
  • JT 2016 (2) SC 217 12-02-2016
    Pepsico India Holding P. Ltd. Vs. Grocery Market & Shops Board & Ors.
    SERVICE AND LABOUR LAW Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 Sections 1(3), 1(4A), 2(3), 2(4), 2(7), 2(9), 2(10), 2(11), 2(12), 3, 4, 5 and the Schedule, clause 5 - Grocery Markets or Shops Unprotected Workers (Regulation of Employmen..
  • JT 2016 (2) SC 239 12-02-2016
    B. Virupakshaiah Vs. State of Karnataka And Ors.
    Criminal Laws Penal Code, 1860 Eye-witnesses - Twelve accused convicted by trial court for murdering ‘B’ along with his driver - High Court acquitting all on the ground that there was absence of proof of their guilt - Out of six eye-witnesses, PW 2 and 3 were chance witnesses - They were in close ..
  • JT 2016 (2) SC 146 11-02-2016
    Tekan Alias Tekram Vs. State of Madhya Pradesh (Now Chhattisgarh)
    Criminal Laws Penal Code, 1860 Section 376 - Rape of blind girl - False promise to marry – Prosecutrix became pregnant - In Panchayat, accused admitted to having committed sexual inter course and refused to marry - Prosecutrix could recognise accused by touch and his voice - Age of prosecutrix as ..
  • JT 2016 (2) SC 174 11-02-2016
    Mukund Dewangan Vs. Oriental Insurance Co. Ltd. etc.
    Motor Vehicles Motor Vehicles Act, 1988 Sections 2(10), 2(11), 2(14), 2(15), 2(16), 2(17), 2(21), 2(23), 2(24), 2(26), 2(29), 2(33), 2(35), 2(44), 2(47), 2(48), 3, 9, 10 (as amended by Act 54 of 1994), 27 - Central Motor Vehicles Rules, 1989, Rule 8, Rule 14, Form 4 (as amended); Rule 16, Form 6;..
  • JT 2016 (2) SC 154 10-02-2016
    Hamant Yashwant Dhage Vs. State of Maharashtra and Others
    CRIMINAL LAWS Criminal Procedure Code, 1973 Section 156, Chapter XII - Registration of FIR - Apex court by order dated 12.4.2010 disapproved the action of High Court in entertaining writ for change of I.O. and directed magistrate to ensure proper investigation - Consequently, Judicial Magistrate,..
  • JT 2016 (2) SC 124 09-02-2016
    Bharamappa Gogi Vs. Raveen Murthy & Ors. Etc.
    Criminal Laws Penal Code, 1860 Sections 397, 390/392/457/34, 302 - Framing of charge - Murder in course of robbery, house trespass and house breaking by night - Trial court acquitting Respondent nos. 1 & 2 of the charges under Section 302 - High Court disapproving the acquittal under Section 302 a..
  • JT 2016 (2) SC 106 08-02-2016
    Richa Mishra Vs. State of Chhattisgarh And Ors.
    SERVICE LAW Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2000 Rule 8 – Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2005 - Madhya Pradesh Civil Services (Special Provision for appointment of women) Rules, 1997 - Appellant, a..
  • JT 2016 (2) SC 128 08-02-2016
    Surjeet Singh Bhamra Vs. Bank of India & Ors.
    Bank of India Voluntary Retirement Scheme-2000 Interpretation of scheme - Misconduct - Bank issuing memo on 8.9.2000, which was replied on 18.10.2000 - Voluntary retirement Scheme launched and appellant applied for it within time - Though cut-off date for bank to complete all formalities was 30.12...
  • JT 2016 (2) SC 21 05-02-2016
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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..
  • Citation 14-09-2015
    Appellant Vs. Respondent
    Headnote..
  • JT 2015 (8) SC 568 09-09-2015
    Ram Vs. Shyam
    Criminal Law Penal Code Murder - ..
  • Transferred Case (Civil) No.151 of 2013 23-08-2015
    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
    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..