KEYWORDS:- Shariat law a statute which takes away or impairs vested rights under existing laws is presumed not to have retrospective operation. AIR 1961 SC 808 : (1962) 1 SCR 67 (SUPREME COURT OF INDIA) C. Mohammad Yunus Appellant Versus Syed Unnissa and others Respondent (Before : J. L. Kapur, M. Hidayatullah And J. C. Shah,… Read More C. Mohammad Yunus Vs Syed Unnissa and others [ALL SC 1961 FEBRUARY]
KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both… Read More State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]
KEYWORDS:-MURDER-ACQUITTAL- DATE:-24-11-1961 AIR 1962 SC 605 : (1962) 1 Suppl. SCR 567 : (1962) 1 CriLJ SC 521 (SUPREME COURT OF INDIA) K. M. Nanavati Appellant Versus State of Maharashtra Respondent (Before : S. K. Das, K. Subba Rao And Raghubar Dayal, JJ.) Criminal Appeal No. 195 of 1960, Decided on : 24-11-1961. Penal Code,… Read More K. M. Nanavati Appellant Versus State of Maharashtra[ALL SC 1961 NOVEMBER]
Keywords :- Doctrine of implied Power , Doctrine of Enabling Act AIR 1962 SC 486 : (1962) 1 Suppl. SCR 381 (SUPREME COURT OF INDIA) Bidi, Bidi Leaves and Tobacco Merchants’ Association, Gondia Appellant Versus State of Bombay Respondent (Before : P. B. Gajendragadkar, A. K. Sarkar, K. N. Wanchoo, K. C. Das Gupta And… Read More Bidi, Bidi Leaves and Tobacco Merchants’ Association, Gondia Appellant Versus State of Bombay[SC 1961 November]
Keywords-Modification The President had the power to make the modification which he did in Art. 81 of the Constitution (SUPREME COURT OF INDIA) (Before : P. B. Gajendragadkar, A. K. Sarkar, K. N. Wanchoo, K. C. Das Gupta And N. Rajagopala Ayyangar, JJ.) Writ Petition. No. 139 of 1957, Decided on : 30-03-1961. Constitution of… Read More Puranlal Lakhanpal Vs President of India and others Respondent[SC 1961]
This Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.… Read More Pratap Mehta Vs. Sunil Gupta & Ors.[ALL SC 2018 November]
According to Section 433(A) that a prisoner who has been sentenced to death and whose death sentence has been commuted into one of imprisonment for life and persons who have been sentenced to imprisonment for life for an offence for which death is one of the punishments provided by law should undergo actual imprisonment of 14 years in Jail. We are referring to Section 433(A) in this judgment only for a limited purpose of showing that after the introduction of this section, the life convicts falling within the purview of Section 433(A) has to undergo the mandatory minimum 14 years of actual imprisonment. It may be mentioned at this juncture that no one has got a vested right to claim premature release on the ground that he has suffered the minimum actual imprisonment as prescribed under Section 433(A) because a sentence of ‘imprisonment for life’ is incarceration until death, that is, for the remaining period of convicted prison’s actual life… Read More STATE OF HARYANA Vs. RAMA DIYA [All SC 1990 APRIL]
ACT NO. 38 OF 1974. [1st September, 1974.] An Act to provide, in the interests of national economic development, for the compulsory deposit of additional emoluments and for the framing of a scheme in relation thereto, and for Matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-fifth Year of the… Read More THE COMPULSORY DEPOSIT SCHEME (INCOME-TAX PAYERS) ACT, 1974
The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it as manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women… Read More Joseph Shine Vs. Union of India [ALL SC 2018 SEPTEMBER]
September 07, 2018 – Direct Recruitment-Supreme Court discussed the following issues for decision:
I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?
II Whether Shri R.K. Kushwaha, the direct recruit had laid challenge to the rules, which provide for giving weightage in the seniority to the promotee officers?
III Whether the findings of the CAT in respect of N.R. Parmar’s case (supra) was limited to removing the arbitrariness only in respect of ‘DITS’?
IV Whether by issuing the memorandum dated 05.03.2018 amendment/modifying rules 327341 the Railways have violated the order issued by the CAT?
I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?… Read More Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors. [ALL SC 2018 September]
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]
September 05, 2018: The U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961-Validity of the notice-Whether in a given case, the Collector has transgressed the limits of his own jurisdiction is a matter which can be addressed in a challenge under Article 226 of the Constitution. We clarify that we have not provided an exhaustive enumeration or list of circumstances in which the Collector can determine the validity of the notice furnished under sub-section (2) in each case and it is for the Collector in the first instance and for the Court in the exercise of its power of judicial review, if it is moved, to determine as to whether the limits on the power of the Collector have been duly observed-APPEAL DISMISSED.… Read More Smt. Kavita Vs. State of Uttar Pradesh through Secretary & Ors.[ALL SC 2018 SEPTEMBER]
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]
In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct and ethical behaviour of agents/non-advocates/representatives, registered organizations and/or agents appearing before the consumer forums.… Read More C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]
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]