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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 | Supreme Court's 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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LATEST JUDGEMENTS
  • JT 2016 (7) SC 1 19-07-2016
    Muthuramalingam & Ors. Vs. State Rep. by Insp. of Police
    CRIMINAL LAWS Criminal Procedure Code, 1973 Section 31 - Order directing more than one life sentences (awarded to a convict for multiple murders) to run consecutively - Validity of - As per Section 31 when a person is convicted for more than one offence, punishment for those several offences, shal..
  • JT 2016 (7) SC 30 19-07-2016
    Pragati Mahila Samaj & Anr. Vs. Arun & Ors.
    SERVICE & LABOUR LAWS Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 Section 5 - Regularisation - Temporary appointment - Termination of service, upheld by Tribunal but quashed by High Court on the ground that advertisement did not mention job as temporary a..
  • JT 2016 (6) SC 556 15-07-2016
    M/s. Bharat Fabricators & Ors Vs. Spl. Court Under A.P. Land Grabbing (Prohibition) Act & Ors.
    LAND GRABBING Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 Section 7(4) - Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988- Concurrent findings of Special Tribunal and Special Court on title of Respondent No.3 to the land - Reliance placed on reports of Commissioner Advocate and Ass..
  • JT 2016 (6) SC 559 15-07-2016
    Meera Mydeen Etc. Etc Vs. State of Tamil Nadu
    CRIMINAL LAWS Constitution of India, 1950 Article 136 - Scope of power - Reappraisal of evidence. Held, Apex Court does not normally reappraise evidence or credibility of witnesses, unless appreciation of evidence and finding is vitiated by any error of law of procedure or contrary to the principl..
  • JT 2016 (6) SC 544 13-07-2016
    V. Vasanthakumar Vs. H.C.Bhatia and Ors.
    PIL Constitution of India, 1950 Articles 32, 136 and 145(3) - Delay in disposal of cases - Filing of SLP against almost every kind of order, resulting in huge arrears and conversion of Apex Court into an ordinary appellate court - Petitioner, an Advocate sought mandamus directing the respondents t..
  • JT 2016 (6) SC 508 13-07-2016
    State of Gujarat & Ors. Vs. Nirmalaben S. Mehta & Anr.etc.
    MINING LEASE Mineral Concession Rules, 1960 Rule 27(3) - Mines And Minerals (Development And Regulation) Act, 1957- Mining lease - Power of State Government to impose conditions at the time of renewal - On 2.8.1978, State Government applied to Central Government for permission to de-reserve certa..
  • JT 2016 (6) SC 487 13-07-2016
    Ajay Kumar Singh Vs. The Flag Officer Commanding-in-chief & Ors.
    CRIMINAL LAWS Identity of accused - Bank robbery by three accused who entered bank premises with their faces covered - PW 14 (Bank Manager) and PW 18 (Cashier) identified them in Court Martial - Armed forces tribunal maintained the conviction of ‘A’ and ‘U’, but disbelieved the version of PW 14 an..
  • JT 2016 (6) SC 498 13-07-2016
    Velugubanti Hari Babu Vs. Parvathini Narasimha Rao & Anr.
    ARBITRATION Arbitration and Conciliation Act, 1996 Section 11 - Appointment of arbitrator - Preliminary issue - Existence of agreement - Application filed for appointment of arbitrator alongwith application for grant of injunction restraining appellant from alienating property which was subject ma..
  • JT 2016 (6) SC 504 13-07-2016
    Rakesh Kumar & Etc. Etc. Vs. United India Insurance Company Ltd. & Ors. Etc.Etc.
    ACCIDENTAL CLAIM Accidental death - Valid licence - Insurance company exonerated by High Court, on its finding that licence was invalid as original license was not produced - Insurance company directed to pay compensation and recover the same from owner and driver - Justification. Held, tribunal ha..
  • JT 2016 (7) SC 50 13-07-2016
    M/s. Wexford Financial Inc. Panama Vs. Bharat Heavy Electricals Ltd.
    ARBITRATION Arbitration and Conciliation Act, 1996 Section 11(5) read with Section 11(12) - Appointment of arbitrator - Undisputedly Service provider agreement was executed, which contained Arbitration clause - Said clause was invoked by petitioner, seeking appointment of arbitrator - Prayer oppos..
  • JT 2016 (7) SC 53 12-07-2016
    Chuka Devi and Ors. Vs. ICICI Lombard General Insurance Company Ltd. & Ors.
    Motor Vehicles Act, 1988 Claim petition - High Court ordering refund of payment received - Refund order stayed on 24.9.2015 - Registry of High Court as per direction traced the files. Held, since files have been traced, direction issued to dispose of the matter expeditiously. Order of 24.09.2015, t..
  • JT 2016 (6) SC 455 12-07-2016
    R R Parekh Vs. High Court of Gujarat & Anr.
    SERVICE & LABOUR LAWS Gujarat Civil Services (Conduct) Rules, 1971 Constitution of India, 1950, Article 235 -Power of High Court - Conduct of Disciplinary enquiry against judicial officer - Two enquiries held - Both exonerated him - Disciplinary Committee, upheld the report of inquiry officer - Fu..
  • JT 2016 (6) SC 467 12-07-2016
    Mulin Sharma Vs. State of Assam and Others.
    SERVICE LAW / BACK WAGES Back wages - Involuntary resignation, established - Yet courts below not granting back-wages - Justification. Held payment of back wages is a discretionary power which has to be exercised by a court keeping in view the facts in their entirety. No straitjacket formula can b..
  • JT 2016 (6) SC 402 11-07-2016
    Securities and Exchange Board of India Vs. M/s. Opee Stock-Link Ltd. & Anr.
    SECURITIES Securities and Exchange Board of India Act, 1992 Section 12A (a), (b), (c) - Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Markets) Regulations, 2003, Regulations 3 and 4(1) - Securities Contracts (Regulation) Act, 1..
  • JT 2016 (6) SC 423 11-07-2016
    State of Gujarat Vs. Jayrajbhai Punjabhai Varu
    DYING DECLARATIONS Evidence Act, 1872 Section 32(1) - Two sets of dying declarations - Contradictions - In dying declarations made to police officer and to Magistrate, deceased holding a stranger responsible for her burns and not naming husband or in-laws - However in oral dying declaration to he..
  • JT 2016 (6) SC 402 11-07-2016
    Securities and Exchange Board of India Vs. M/s. Opee Stock-Link Ltd. & Anr.
    SECURITIES Securities and Exchange Board of India Act, 1992 Section 12A (a), (b), (c) - Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Markets) Regulations, 2003, Regulations 3 and 4(1) - Securities Contracts (Regulation) Act, 1..
  • JT 2016 (6) SC 423 11-07-2016
    State of Gujarat Vs. Jayrajbhai Punjabhai Varu
    DYING DECLARATIONS Evidence Act, 1872 Section 32(1) - Two sets of dying declarations - Contradictions - In dying declarations made to police officer and to Magistrate, deceased holding a stranger responsible for her burns and not naming husband or in-laws - However in oral dying declaration to he..
  • JT 2016 (6) SC 442 08-07-2016
    Al Ismail Haj Tour Vs. Union of India
    CONSTITUTION Constitution of India, 1950 Article 32 - Haj Pilgrimage - Policy for registration of Private Tour Operators (PTO) for Haj 2013-17, as approved by Apex Court - Documents required to be submitted for registration as a PTO qualified for being considered for allotment of quota for Haj 20..
  • JT 2016 (7) SC 39 08-07-2016
    Krushna Narayan Wanjari Vs. The Jai Bharti Shikshan Sanstha, Hinganghat Through Its Secretary And Anr.
    SERVICE AND LABOUR LAW Back wages - Industrial Tribunal directing respondent to pay salary to appellant - High Court allowing appeal on the ground that Muster Rolls did not show that employee was present to do the work. Held, Tribunal awarded back wages after scrutinising the material before it...
  • JT 2016 (7) SC 40 08-07-2016
    Meghashyam Sadashivrao Vadhave Vs. The State of Maharashtra & Ors.
    Compensation - High Court awarding only Rs. 15,000/-. Held, on facts and in interest of justice, Rs. 1 lac be paid within four weeks. If it is not paid in time, 12% interest shall be paid on the said amount from 1986 and officers responsible for delay shall be personally liable for it...
  • JT 2016 (6) SC 394 05-07-2016
    Shyam Lal Vs. Deepa Dass Chela Ram Chela Garib Dass
    TENANCY Punjab Security of Land Tenure Act, 1953 Sections 2(6), 9 and 14A - Punjab Tenancy Act, 1887, Sections 4(5), 39(1) and 40 - Registration Act Sections 17 and 49 - Transfer of Property Act, 1882, Sections 106, 107, 116 and 117 - Tenant holding over or tenant at will - Protection of - Appell..
  • JT 2016 (6) SC 421 05-07-2016
    Ajay Gupta Vs. Raju @ Rajendra Singh Yadav
    LIMITATION Limitation Act, 1963 Section 4, Explanation - Expiry of prescribed period when court is closed - Last date for filing suit was 31.12.2010, which was the last day of winter vacation for court - Next day i.e. 01.01.2011 was a non-working Saturday for the Judges and not a holiday for the..
  • JT 2016 (6) SC 362 05-07-2016
    Sudhakaran Vs. Corp. of Trivandrum & Anr.
    TENANCY Kerala Municipality Act, 1994 Section 492(3) - Interpretation of - Landlord's consent for running hardware shop - Whether also required at the time of renewal of tenancy as held by Division Bench, High Court. Held, no. Consent of landlord is required only when a person intends to obtain a ..
  • JT 2016 (6) SC 365 05-07-2016
    Subraya M.N Vs. Vittala M.N. & Ors.
    PARTITION / REGISTRATION/ EVIDENCE Registration Act, 1908 Sections 17 and 49 - Unregistered Family settlements - Evidentiary value. Held, binding family arrangements involving immovable property of Rs. 100 and above can be made orally. However if reduced in writing, it will require registration a..
  • JT 2016 (6) SC 333 05-07-2016
    Union of India & Ors. Vs. Vishav Priya Singh
    ARMY Army Act, 1950 Sections 116, 120 (4), (5) - Army Rules, 1954, Rules 39, 40 - Defence Service Regulations, Regulations 9, 381 - Which Commanding Officer (CO) is competent to constitute and complete SCM (Summary Court Martial) - Whether CO of the Unit to which the accused belonged or to which h..
  • JT 2016 (6) SC 270 05-07-2016
    Surinderjit Singh Mand & Anr. Vs. State of Punjab & Anr.
    Criminal Laws Criminal Procedure Code, 1973 Section 197 - Sanction under - Prosecution of police officials for having illegally arrested and detained ‘N’ from 24.6.1999 to 28.6.1999, before formal arrest from 28.6.1999 to 30.6.1999 - Whether it is an act done 'while acting or purporting to act in ..
  • JT 2016 (6) SC 290 05-07-2016
    Mukhtiar Singh Vs. State of Punjab
    Criminal Laws Prevention of Corruption Act, 1988 Sections 7, 13(1)(d) read with Section 13(2) - Illegal gratification demanded by Appellant, a revenue patwari for supply of a copy of Jamabandi - Trap laid - Appellant demanded money - PW6, complainant paid the same and received copy of Jamabandi on..
  • JT 2016 (6) SC 307 05-07-2016
    Mahipal Singh Rana, Advocate Vs. State of Uttar Pradesh
    CONTEMPT OF COURT Contempt of Court Act, 1971 Intimidating and threatening a civil judge - Appellant refusing to tender apology and justifying himself again and again - His affidavit not showing any remorse - Denial of incident and allegation of malafides against the complainant Judge made only as..
  • JT 2016 (6) SC 242 04-07-2016
    U. Subhadramma & Ors. Vs. State of A.P. Rep. By Pub. Prosecutor & Anr.
    ATTACHMENT OF PROPERTY Criminal Law Amendment Ordinance, 1944 [Ordinance No. XXXVIII] Clause 3 – Application for attachment of property of a person who has committed any scheduled offence or has procured property thereby – Whether can be made even when proceedings against him may not have yet resu..
  • JT 2016 (6) SC 300 04-07-2016
    NHPC Ltd. Vs. M/s Jai Prakash Associates Ltd. & Ors.
    TYPOGRAPHICAL ERROR Arbitral Tribunal, awarded 10% simple interest from date of accrual of cause of action till date of award and future interest at the rate of 12% - High Court, while upholding the award, awarded 12% and 18% interest respectively. Prayer that such error is more in the nature of..
  • JT 2016 (6) SC 242 04-07-2016
    U. Subhadramma & Ors. Vs. State of A.P. Rep. By Pub. Prosecutor & Anr.
    Attachment of property Criminal Law Amendment Ordinance, 1944 [Ordinance No. XXXVIII] Clause 3 – Application for attachment of property of a person who has committed any scheduled offence or has procured property thereby – Whether can be made even when proceedings against him may not have yet resu..
  • JT 2016 (6) SC 440 04-07-2016
    R. K. Roja Vs. U.S. Rayudu and Another
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Order VII, Rule 11 - Application for rejection of plaint - When can be filed. Held, it can be filed anytime. Sopan Sukhdeo's case referred. (Para 5) Order VII, Rule 11 - Application for rejection of plaint (election petition) -Whether could be pos..
  • JT 2016 (7) SC 29 01-07-2016
    Sarva Shramik Sanghatana Vs. M/S. Interim International Removals Division Of Freight Systems (India) Pvt. Ltd.
    SERVICE AND LABOUR LAW Industrial Tribunal vide interim order, increasing wages by Rs. 3,000/- - Order stayed by High Court - Plea that increase being nominal and workmen having been pursuing their grievances for a long time, interim order be not disturbed. Direction issued to tribunal to expedite ..
  • JT 2016 (6) SC 361 01-07-2016
    B.S.N.L. Vs. Mohd. Jamey & Anr.
    SERVICE AND LABOUR LAW Workman working for 13 years. Apex Court not inclined to exercise its jurisdiction, particularly in view of the fact that he was engaged as a Driver...
  • JT 2016 (6) SC 232 01-07-2016
    Mumtaz@ Muntyaz Vs. State of U.P. (Now Uttarakhand)
    Criminal Laws Evidence Act Section 32(1) - Dying declaration - Reliability - PW5 witnessed the fit condition of deceased, while making statement - Said fact confirmed by doctor 'S' on duty - Dying declaration had appropriate endorsement of doctor ‘S’ - Endorsement proved by PW 8, Doctor ‘R’ - Noth..
  • JT 2016 (6) SC 216 01-07-2016
    Harijan Paniben Dudabhai Vs. State of Gujarat and others
    SERVICE & LABOUR LAWS Gujarat Panchayats Act, 1961 Section 203 - Gujarat Panchayat Service (Conditions of Service) Rules, 1977 - Validity of appointment - Denial of family pension and gratuity to wife of deceased, after he died in harness, on the ground that he was not appointed by the District ..
  • JT 2016 (6) SC 353 01-07-2016
    Gurjant Singh & Ors Vs. State of Punjab & Ors.
    Remittance of reference to Industrial Tribunal by High Court - As appellants feared termination of their services during pendency of adjudication, Apex Court ordered status quo - Industrial Tribunal passed award directing reinstatement with continuity in service but no back wages allowed for the pe..
  • JT 2016 (6) SC 354 01-07-2016
    B.S.N.L. Vs. Pawan Kumar Shukla
    SERVICE AND LABOUR LAW Termination on completion of project for which workmen were engaged. Held on facts and in interest of justice, a lump-sum compensation of Rs.3 lacs each, awarded. Preference to be given to workmen, if appellant engages any fresh daily wagers...
  • JT 2016 (6) SC 355 30-06-2016
    Sanjivkumar Surajprakash Aggarwal Vs. State Bank of India and Ors.
    SARFAESI Act Section 14 - Creation of tenancy - Whether sham. Held, such issue can be adjudicated under Section 14 before metropolitan magistrate. Since there was no adjudication, inquiry with participation of appellant to be conducted by magistrate regarding genuineness of tenancy created by third..
  • JT 2016 (7) SC 41 30-06-2016
    Union of India & Ors. Vs. Diler Singh
    SERVICE & LABOUR LAWS Central Reserve Police Force Act, 1949 Section 11(1) - Central Reserve Police Force Rules, 1955, Rule 27-A(1) - Misconduct - ‘D’, a member of armed force, left campus without permission and consumed liquor - Termination, set aside by Trial Court - First Appellate court revers..
  • JT 2016 (6) SC 519 29-06-2016
    State of Gujarat & Anr. v. Lal Singh @ Manjit Singh & Ors. Vs. Lal Singh @ Manjit Singh & Ors.
    CRIMINAL LAWS Criminal Procedure Code, 1973 Sections 432, 433 and 433A - Appropriate Government - Premature release - Life convict under TADA Act - High Court holding State of Gujarat to be the Appropriate Government as respondent was convicted by it. Held, it has to be seen under which law, sente..
  • JT 2016 (7) SC 36 29-06-2016
    M/S Babu Ram Ashok Kumar Vs. Mushtaq Ali And Ors.
    Practice and Procedure Application for restoration of review dismissed by High Court, though filed in time, on the ground that applicant was not prosecuting the case diligently. Held, on facts, application deserves to be considered on merit. Matter remanded. ..
  • JT 2016 (7) SC 15 29-06-2016
    V. Venkata Prasad & Ors. Vs. High Court of A.P. & Ors.
    SERVICE LAW /JUDICIAL SERVICE Andhra Pradesh State Higher Judicial Service Rules, 1958 Rules 2, 3, 4, 5 and 6 - Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001, Rules 1, 2, 6 and 7(1)(b) - Inter-se seniority between promotees and direct recruits - Appellants..
  • JT 2016 (6) SC 356 29-06-2016
    Kalidas Chunilal Patel (Dead) by L.Rs. Vs. Savitaben & Ors.
    PRACTICE & PROCEDURE / TENANCY Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Applicability of Act -Eviction suit - During pendency, Government vide notification, made the Act applicable to the area where suit property was situated - Suit decreed by trial court with the findings tha..
  • JT 2016 (6) SC 302 29-06-2016
    Haryana State & Anr. Vs. Gram Panchayat Village Kalehri
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Section 100 - Second appeal - Dismissal in limine, for absence of substantial question of law - Issues related to ownership rights and proper interpretation of documents to prove ownership. Held, where court is required to properly interpret the natu..
  • JT 2016 (6) SC 302 29-06-2016
    Haryana State & Anr. Vs. Gram Panchayat Village Kalehri
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Section 100 - Second appeal - Dismissal in limine, for absence of substantial question of law - Issues related to ownership rights and proper interpretation of documents to prove ownership. Held, where court is required to properly interpret the natu..
  • JT 2016 (6) SC 305 29-06-2016
    Surendra Kumar Gupta and Ors. Vs. State of U.P. and Anr.
    Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24(2) - Contention regarding lapsing of land acquisition proceeding by virtue of Section 24(2), not gone into by High Court. Held High Court erred in not considering the contention, as..
  • JT 2016 (6) SC 306 29-06-2016
    Aarthi Vs. R.M. Rajeshkumar
    Consolidation of cases - Two cases, one at place 'K' and another at place 'C' - Whether both can be tried at 'C' as opted by parties. Held, yes. Case at place 'K' to be transferred and consolidated with one at place 'C'...
  • JT 2016 (6) SC 332 29-06-2016
    Madan Mohan And Ors. Vs. Gurmukh Singh and Ors
    Settlement of dispute - Term and conditions of settlement produced before court and appeal disposed of accordingly...
  • JT 2016 (6) SC 375 29-06-2016
    Sekhar Suman Verma Vs. The Superintendent of N.C.B. & Anr.
    CRIMINAL LAWS Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 42, 50 - Plea of non-compliance of Sections 42, 50, rejected by High Court on the ground that as search was conducted by gazetted officer himself under Section 41, it was not necessary to comply with the provision of Sect..
  • JT 2016 (6) SC 248 29-06-2016
    State of Haryana Vs. Hussain
    CRIMINAL LAWS Penal Code, 1860 Sections 380, 457, 460 - Conviction reversed by High Court on the ground that fatal blow on deceased was not attributable to respondent, but to ‘R’, absconder, jewellery was recovered from open place accessible to all and was not believable, as no independent witne..
  • JT 2016 (6) SC 251 29-06-2016
    Jagat Singh Vs. State of Uttarakhand
    CRIMINAL LAWS Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 42 and 50 - Non-compliance of, taken as a defence for the first time before Apex Court. Held, as per record recovery of contraband was made in public place, hence Section 43 was attracted. As regards section 50, same was c..
  • JT 2016 (6) SC 254 29-06-2016
    Jagdish Vs. State of Haryana
    CRIMINAL LAWS Penal Code, 1860 Sections 304 Part II, 323 - Concurrent findings by courts below that in a free fight between two sets of relatives, appellant gave lathies blow to 'Z' and caused his death - Findings based on consistent and cogent evidence of three eye-witnesses - Injuries on ‘Z’ a..
  • JT 2016 (6) SC 149 29-06-2016
    Punjab State Warehousing Corp. Vs. Bhushan Chander & Anr.
    PRACTICE & PROCEDURE Criminal Procedure Code, 1973 Section 197 - Prosecution of Public servant under Section 409 IPC - Absence of prior sanction, whether vitiates trial, as held by High Court - Allegation against Accused, a Godown Assistant, under Section 409/467/468/471 IPC. Held, offence commit..
  • JT 2016 (6) SC 160 29-06-2016
    Praful Sudhakar Parab Vs. State of Maharashtra
    Criminal Laws ‘Last seen theory’ - Murder - Statement of deceased's wife that he left with accused at night on 7.12.1996 and on 9.12.1996, his dead body was found, found to be trust-worthy by courts below - Accused made confession on 9.12.1996 and thereafter dead body recovered. Held, there being ..
  • JT 2016 (6) SC 171 29-06-2016
    M/S. EMM ENN Associates Vs. Commander Works Engineer & Ors.
    ARBITRATION Arbitration and Conciliation Act 1996 Section 11 - Jurisdiction of Chief Justice - Adjudication of ‘live Claim’ as preliminary issue. Held, Chief Justice exercises judicial power while passing an order under Section 11 and can decide if a claim is live. But he can hold a claim to be d..
  • JT 2016 (6) SC 179 29-06-2016
    Mahiman Singh Vs. State of Uttarakhand
    NDPS Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 42, 43 read with Section 50 - Plea of Non-Compliance. Held, cannot be accepted. Search was made in public place and in presence of gazetted officer, after giving an offer to the appellant as required under the NDPS Act. Quantity of..
  • JT 2016 (6) SC 255 29-06-2016
    Ram Venuprasad Vs. Shilpa Pillai
    DELAY High Court ordering third Additional family court to dispose of matter within three months - No action taken - As per report of third Additional Family court, wife was causing delay, she had filed her counter affidavit now and case would be taken up on day to day basis. Held direction issued ..
  • JT 2016 (6) SC 256 29-06-2016
    Jagdish Vs. State of Haryana
    CRIMINAL LAWS Penal Code, 1860 Sections 304 Part II, 323 - Concurrent findings by courts below that in a free fight between two sets of relatives, appellant gave lathies blow to 'Z' and caused his death - Findings based on consistent and cogent evidence of three eye-witnesses - Injuries on ‘Z’ a..
  • JT 2016 (6) SC 260 29-06-2016
    State of Kerala Vs. P. Muhammed Noushad
    PRACTICE & PROCEDURE Appeal against acquittal recorded by High Court - Interference by Apex Court - Offence under Sections 7, 13(1)(d) read with 13(2) of PC Act, 1988 - High Court acquitting on the ground that it was not proved how currency notes reached in the pocket of accused and it was also no..
  • JT 2016 (6) SC 262 29-06-2016
    Union of India Vs. K.V. Lakshman & Ors.
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Section 96 - Jurisdiction of first appellate court - First appeal - Dismissal of, in limine - Application under Order 41 Rule 27 CPC to adduce additional evidence also dismissed, on the ground that reason given for not adducing it before Trial court..
  • JT 2016 (6) SC 289 29-06-2016
    Divisional Manager And Ors. Vs. Vinayak Chintaman Gawande And Ors.
    SERVICE AND LABOUR LAWS Award of reinstatement with back wages, upheld by High Court - Notice issued limited to question of back wages - In absence of adjudication on the issue of back-wages by labour court, matter remitted to it for adjudication within six months. Till then interim stay on back-wa..
  • JT 2016 (6) SC 299 29-06-2016
    Power Grid Corporation of India Ltd Vs. Kamlesh Kumar Chimanbhai Patel & Ors.
    COMPENSATION Compensation sought for damage caused by drawing of Transmission lines - Government of India framing fresh guidelines regarding mode and manner of assessment of compensation during pendency of appeal. Held liberty granted to respondent to approach government, if they have any grievance..