Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

KEYWORDS: Dying declaration- AIR 1993 SCW 1321 : (1993) CriLJ SC 1635 : JT 1993 (2) SC 559 : (1993) 2 SCALE 214 : (1993) 2 SCC 684 : (1993) 2 SCR 666 (SUPREME COURT OF INDIA) Kundula Bala Subrahmanyam and another Appellant Versus State of ANDHRA PRADESH Respondent (Before : Dr. A. S. Anand … Continue reading Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

Supreme Court Advocates-on-Record Association and another Vs Union of India[ALL SC 1993 OCTOBER]

KEYWORDS:-ROLE OF CHIEF JUSTICE OF INDIA- DATE:-06-10-1993. AIR 1994 SC 268 : (1993) 2 Suppl. SCR 659 : (1993) 4 SCC 441 : JT 1993 (5) SC 479 : (1993) Suppl. SCALE 67 (SUPREME COURT OF INDIA) Supreme Court Advocates-on-Record Association and another Appellant Versus Union of India Respondent AND S. P. Gupta Appellant Versus … Continue reading Supreme Court Advocates-on-Record Association and another Vs Union of India[ALL SC 1993 OCTOBER]

State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the … Continue reading Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Cantonment Board and An Other Vs CHURCH of NORTH India [ALL SC 2011 MAY]

(2011) 6 SCALE 229 : JT 2011 (6) SC 49 : AIR 2011 SC 2339 (SUPREME COURT OF INDIA) Cantonment Board and AnOther Appellant Versus CHURCH of NORTH India Respondent (Before : P. Sathasivam and H. L. Gokhale, JJ.) Civil Appeal No. 1957 of 2003 : Decided On: 13-05-2011 Public Premises (Eviction of Unauthorised Occupants) … Continue reading Cantonment Board and An Other Vs CHURCH of NORTH India [ALL SC 2011 MAY]

Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]

Keywords:- Limitation-Time barred Debt- The rules of limitation are not meant to destroy the rights of the parties. S. 3 of the Limitation Act 36.of 1963, for short “the Act” only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the … Continue reading Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]

M/s. K. B. Saha and Sons Pvt. Ltd. Appellant Versus M/s. Development Consultant Ltd [ALL SC 2008 MAY]

KEYWORDS:- UNREGISTERED DEED RATIO DECIDENDI : A document required to be registered is not admissible into evidence under Section 49 of the Registration Act. 2. Such unregistered document can however be used as an evidence of collateral purpose as provided in the Proviso to Section 49 of the Registration Act. 3. A collateral transaction must … Continue reading M/s. K. B. Saha and Sons Pvt. Ltd. Appellant Versus M/s. Development Consultant Ltd [ALL SC 2008 MAY]

Rojer Mathew Vs. South Indian Bank Ltd. and Ors.[ALL SC 2018 MAY]

KEYWORDS:-Tribunal- [HEARING OF THIS CASE SHAL BE CONTINUED- EDITOR] DATE:- MAY 07, 2018 Recommended setting up of all India Tribunal service Administration of the Tribunals. “We broadly approve the concept of having an effective and autonomous oversight body for all the Tribunals with such exceptions as may be inevitable. Such body should be responsible for recruitments and … Continue reading Rojer Mathew Vs. South Indian Bank Ltd. and Ors.[ALL SC 2018 MAY]

Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]

KEYWORDS:-Struck Down a Law  DATE:- MAY 07, 2018- “Section 4(3) of the 1981 Act cannot pass the test of Cof the Constitution of India and is, therefore, liable to be struck down. We, therefore, hold that the aforesaid Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 is ultra vires the Constitution … Continue reading Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]

United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

KEYWORDS:-Private Tour Operators-Quota for the Hajj-Hajj policy- DATE:-May 07, 2018 “It was also emphasized that it is a sound policy to punish the wrongdoer and it is in that spirit that the courts have molded the relief by granting compensation in exercise of writ jurisdiction”. SUPREME COURT OF INDIA United Air Travel Services through its … Continue reading United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

Keywords:- Reservation for admission- The Constitution 93rd Amendment Act, 2005, is valid and does not violate the “basic structure” of the Constitution so far as it relates to the State maintained institutions and aided educational institutions. AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 : (2008) 6 SCC … Continue reading Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

Union of India and another Vs W.N. Chadha[ ALL SC 1992 DECEMBER]

KEYWORD:-Notice before investigation- LETTER ROGATORY- AIR 1993 SC 1082 : (1992) 3 Suppl. SCR 594 : (1993) 4 Suppl. SCC 154 : JT 1992 Suppl. SC 255 : (1992) 3 SCALE 396 : (1993) CriLJ SC 859 (SUPREME COURT OF INDIA) Union of India and another Appellant Versus W.N. Chadha Respondent (Before: S. Ratnavel Pandian … Continue reading Union of India and another Vs W.N. Chadha[ ALL SC 1992 DECEMBER]

State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]

KEYWORDS:- CBI INVESTIGATION-WRIT POWER- Despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these Constitutional powers This extra-ordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility … Continue reading State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]

Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]

KEYWORDS:-Parliamentary Privilege-expulsion of the MLAs- JT 2010 (4) SC 350 : (2010) 4 SCALE 354 : (2010) 6 SCC 113 : (2010) 4 SCR 1105 (SUPREME COURT OF INDIA) Amarinder Singh Appellant Versus Special Committee, Punjab Vidhan Sabha and OTHERS Respondent (Before : K. G. Balakrishnan, C.J.,R. V. Raveendran,P. Sathasivam ,J. M. Panchal and R. … Continue reading Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]

Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]

KEYWORDS:- Arbitration Agreement- DATE:- May 2, 2018 The validity of an arbitration agreement does not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 which is a part of machinery provision for the working of the arbitration agreement. It is, therefore, clear that an arbitration agreement specifying … Continue reading Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]

Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors[ALL SC 2018 MAY]

KEYWORDS:- Meaning of ‘clerical error’ DATE:-May 1, 2018 ACTS:-Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue Act SUPREME COURT OF INDIA Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors. [Civil Appeal Nos. 4632-4638 of 2018 arising out of S.L.P. (C) Nos. 21856-21862 of 2010] Madan B. Lokur, J. Leave granted. … Continue reading Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors[ALL SC 2018 MAY]

Union of India Vs. Hardy Exploration and Production (India) Inc.[ALL SC 2018 MAY]

KEYWORDS:-“seat” and “venue” for holding arbitration proceedings DATE:-May 01, 2018 The case referred to a larger bench- QUESTION POSED :-When the arbitration agreement specify the “venue” for holding the arbitration sittings by the arbitrators but does not specify the “seat”, then on what basis and by which principle, the parties have to decide the place … Continue reading Union of India Vs. Hardy Exploration and Production (India) Inc.[ALL SC 2018 MAY]

C. Ravichandran Iyer Vs Justice A. M. Bhattacharjee and others[ALL SC 1995 SEPTEMBER]

KEYWORDS:-IMPEACHMENT OF JUDGE – Bar Council DATE:- 05-09-1995- Supreme Court has neither administrative control over the High Court nor power on the judicial side to enquire into the misbehaviour of a Chief Justice or Judge of High Court. AIR 1995 SCW 3768 : JT 1995 (6) SC 339 : (1995) 5 SCALE 142 : (1995) 5 … Continue reading C. Ravichandran Iyer Vs Justice A. M. Bhattacharjee and others[ALL SC 1995 SEPTEMBER]

Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]

KEYWORDS:- WITHDRAWL OF SUIT- DEFECT WAS NOT EXPLAINED- DEFECTIVE SUIT “the order dated May 20, 1971 passed by the civil court was on record which did not indicate as to what was the formal defect in the suit by reason of which the permission to withdraw the same was accorded”. DATE:-28-08-1996 AIR 1996 SC 3488 … Continue reading Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]

Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]

KEYWORDS:- DATE:-03-12-2003 (2004) 10 SCC 578 (SUPREME COURT OF INDIA) Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others Respondent (Before : Brijesh Kumar and Arun Kumar, JJ.) Decided On: 03-12-2003 Calcutta thika tenancy (Acquisition and Regulation) Act, 1981—Sections 5 and 19. ORDER 1. This appeal is preferred against the order … Continue reading Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]

Uma Pandey & ANR. Vs. Munna Pandey & Ors.[ALL SC 2018 APRIL]

KEYWORDS:-partition and separate possession-SUBSTANTIAL QUESTION OF LAW-EXHIBIT- DATE:-April 09, 2018 It is a settled principle of law that interpretation of any document including its contents or its admissibility in evidence or its effect on the rights of the parties to the Lis constitutes a substantial question(s) of law within the meaning of Section 100 of … Continue reading Uma Pandey & ANR. Vs. Munna Pandey & Ors.[ALL SC 2018 APRIL]