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

It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

(2010) 96 AIC 241 : (2011) AIR(SC)Civil 53 : (2010) 6 ALLMR(SC) 949 : (2011) 2 AllWC 1592 : (2010) 83 ALR 709 : (2010) 3 ARC 632 : (2011) 2 ICC 684 : (2011) 1 RCR(Rent) 190 : (2011) 2 RecentApexJudgments(RAJ) 98 : (2011) 1 RentLR 315 : (2010) 11 SCALE 302 : (2010)… Read More It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

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

STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited. … Read More STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

The Hardwar Kumbha Mela Rules, 1997

 Under United Provinces Melas Act, 1938 Published vide Notification No. 628K/9-1-97-13HKM/97, dated 23rd September, 1997, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha), dated 23rd September, 1997 In exercise of the powers under sub-section (1) of Section 9 of the United Provinces Melas Act, 1938 (U.P. Act No. XVI of 1938), the Governor… Read More The Hardwar Kumbha Mela Rules, 1997

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

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]

C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]

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]