State Of M.P. vs Mangilal Sharma[ALL SC 1997 DECEMBER]

KEYWORDS:- declaratory decree- EXECUTION- DATE :- 18 December, 1997 Respondent could not have sought execution of the declaratory decree when no relief was granted to him towards arrears of salary and other consequential benefits. ACT:- SECTION 34 SPECIFIC RELIEF ACT Supreme Court of India State Of M.P. vs Mangilal Sharma Equivalent citations: AIR 1998 SC 743, 1998 … Continue reading State Of M.P. vs Mangilal Sharma[ALL SC 1997 DECEMBER]

L. Chandra Kumar Vs Union of India and others[ALL SC 1997 MARCH]

KEYWORDS:- VALIDITY OF ADMINISTRATIVE TRIBUNAL-power of judicial review DATE:-18-03-1997 The Tribunals are competent to hear matters where the vires of statutory provisions are questioned. However, in discharging this duty, they cannot act as substitutes for the High Courts and the Supreme Court which have, under our constitutional setup, been specifically entrusted with such an obligation. … Continue reading L. Chandra Kumar Vs Union of India and others[ALL SC 1997 MARCH]

Krishnan and another Vs Krishnaveni and another [SC 1997 January]

KEYWORD:- SECOND REVISION-INHERENT POWER- SECTION 482 Cr.P.C 24-01-1997 AIR 1997 SC 987 : (1997) 1 SCR 511 : (1997) 4 SCC 241 : JT 1997 (1) SC 657 : (1997) 1 SCALE 458 : (1997) CriLJ SC 1519 (SUPREME COURT OF INDIA) Krishnan and another Appellant Versus Krishnaveni and another Respondent (Before: K. Ramaswamy, S. … Continue reading Krishnan and another Vs Krishnaveni and another [SC 1997 January]

Tata Engineering and Locomotive Co. Ltd. and another vs Gajanan Y. Mandrekar[SC 1997 March]

Keywords:-Damages-Proportionate deduction- Proportionate deduction for use of the vehicle would have been given in Consumer case When the vehicle was being used with the same defects as pointed out, necessarily the purchaser is required to be compensated for not delivering the vehicle in good condition as per the warranty after deduction towards the use of … Continue reading Tata Engineering and Locomotive Co. Ltd. and another vs Gajanan Y. Mandrekar[SC 1997 March]

D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

AIR 1980 SC 271 : (1980) 1 SCR 804 : (1980) 2 SCC 410 (SUPREME COURT OF INDIA) D. G. Gouse and Co. (Agents) Pvt. Ltd. Appellant Versus State of Kerala and another Respondent AND S. K. Subramanian Appellant Versus State of Kerala and others Respondent AND The Customs Clearing Agents’ Association Appellant Versus State … Continue reading D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

State of WEST BENGAL and others Versus Ranbindra Nath Sengupta and others [ALL SC 1998 MARCH]

KEYWORDS:- GOVERNMENT PREMISES- AIR 1998 SC 1738 : (1998) 2 SCR 599 : (1998) 4 SCC 277 : JT 1998 (3) SC 23 : (1998) 2 SCALE 593 (SUPREME COURT OF INDIA) State of WEST BENGAL and others Appellant Versus Ranbindra Nath Sengupta and others Respondent (Before: G. N. Ray And K. Venkataswami, JJ.) Civil … Continue reading State of WEST BENGAL and others Versus Ranbindra Nath Sengupta and others [ALL SC 1998 MARCH]

Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

KEYWORDS:- Murder- Acquittal- PLEA OF INSANITY- Right of Life- Benefit of Doubt- “We are therefore of the considered opinion, that the appellant has been able to create sufficient doubt in our mind that he is entitled to the benefit of the exception under section 84 I.P.C. because of the preponderance of his medical condition at … Continue reading Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF … Continue reading National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact-situation of the decision on which reliance is placed.

Collector of Central Excise, Calcutta Versus M/s. Alnoori Tobacco Products and another [All SC 2004 July] AIR 2004 SCW 4311 : JT 2004 (5) SC 593 : (2004) 6 SCALE 232 : (2004) 6 SCC 186 (SUPREME COURT OF INDIA) Collector of Central Excise, Calcutta Appellant Versus M/s. Alnoori Tobacco Products and another Respondent (Before : S. … Continue reading Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact-situation of the decision on which reliance is placed.

Sub-tenancy under the West Bengal Premises Tenancy Act 1997

West Bengal Premises Tenancy Act 1997 26. Creation and termination of sub-tenancy to be notified. – (1) Where after the commencement of this Act, any premises is sublet, either in whole or in part, by the tenant with the previous consent in writing or the landlord, the tenant and every sub-tenant to whom the premises … Continue reading Sub-tenancy under the West Bengal Premises Tenancy Act 1997

State of Punjab and ANOTHER Vs Jalour Singh and OTHERS [ALL SC 2008 JANUARY ]

KEYWORDS:-Lok Adalat- AIR 2008 SC 1209 : (2008) 1 SCR 922 : (2008) 2 SCC 660 : JT 2008 (2) SC 83 : (2008) 2 SCALE 52 (SUPREME COURT OF INDIA) State of Punjab and ANOTHER Appellant Versus Jalour Singh and OTHERS Respondent (Before :  K. G. Balakrishnan, C.J.I., G. P. Mathur And R. V. … Continue reading State of Punjab and ANOTHER Vs Jalour Singh and OTHERS [ALL SC 2008 JANUARY ]

Ex-Navy Direct Entry Artificers Association & Ors. Vs. Union of India & Ors [ALL SC 2018 MAY]

KEYWORDS: Principle of Promissory Estoppel – Reservist pension DATE: MAY 08, 2018 ACTS: Regulation 78 of the Navy (Pension) Regulations, 1964,Naval Regulations Part-III HELD: “ The appellants are not entitled to count 50% of the Fleet Reserve as they were never drafted into the said reserve. Consequently, the appellants are not entitled to reservist pension. However, their cases … Continue reading Ex-Navy Direct Entry Artificers Association & Ors. Vs. Union of India & Ors [ALL SC 2018 MAY]

Recovery of the possession under West Bengal Premises Tenancy Act 1997

Law Library West Bengal Premises Tenancy Act-1997 6. Protection of tenant against eviction – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for the recovery of the possession of any premises shall be made [by the Civil Judge … Continue reading Recovery of the possession under West Bengal Premises Tenancy Act 1997

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]

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]

Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

KEYWORDS:-Preliminary inquiry- DATE: 12 November, 2013- If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police … Continue reading Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

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]

Dadu alias Tulsidas Versus State of Maharashtra[ ALL SC 2000 OCTOBER]

KEYWORDS:-PAROLE-NDPS DATE:-12-10-2000 Parole did not amount to the suspension, remission or commutation of sentences which could be withheld under the garb of S. 32-A of the Act. AIR 2000 SC 3203 : (2000) 8 SCC 437 : JT 2000 (1) Suppl. SC 449 : (2000) 6 SCALE 746 : (2000) CriLJ SC 4619 (SUPREME COURT … Continue reading Dadu alias Tulsidas Versus State of Maharashtra[ ALL SC 2000 OCTOBER]

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]

Municipal Corporation of Delhi Versus Female Workers (Muster Roll) and another[ALL SC 2000 MARCH]

KEYWORDS:- iNDUSTRIAL DISPUTE – MUNICIPALITY WHETHER INDUSTRY-MATERNITY BENEFIT-CASUAL WORKERS-   DATE:-08-03-2000- AIR 2000 SC 1274 : (2000) 2 SCR 171 : (2000) 3 SCC 224 : JT 2000 (3) SC 13 : (2000) 2 SCALE 269 (SUPREME COURT OF INDIA) Municipal Corporation of Delhi Appellant Versus Female Workers (Muster Roll) and another Respondent (Before: S. … Continue reading Municipal Corporation of Delhi Versus Female Workers (Muster Roll) and another[ALL SC 2000 MARCH]

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]