V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).… Read More V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]

While identifying the relevant market in a given case, the CCI is required to look at evidence that is available and relevant to the case at hand. The CCI has to define the boundaries of the relevant market as precisely as required by the circumstances of the case. Where appropriate, it may conduct its competition… Read More COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]

A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

The judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.… Read More A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.

Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time… Read More THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.

RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]

The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.… Read More RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]

Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]

SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: 11 December 2013 Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya JUDGMENT G.S. SINGHVI, J. 1. Leave granted. 2. These appeals are directed against order… Read More Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]

Mattapalli Chelamayya (dead) by his legal reps and anr Vs Mattapalli Venkataratnam (dead) by his legal reps and anr [SC 1972 JANUARY]

The partition of the immovable properties had been effected in about the middle of 1952 and the parties were since then in possession of the lands etc. which had been allotted to their share. The recital in the award is no more than a reference to an existing fact and does not purport to create or declare, by virtue of the award itself, right title or interest in immovable property.… Read More Mattapalli Chelamayya (dead) by his legal reps and anr Vs Mattapalli Venkataratnam (dead) by his legal reps and anr [SC 1972 JANUARY]