U.P. Avas Evam Vikas Parishad Versus Ram Krishna and others [ALL SC 2002 FEBRUARY ]

AIR 2002 SC 1056 : (2002) 1 SCR 988 : (2002) 3 SCC 11 : JT 2002 (2) SC 45 : (2002) 2 SCALE 125 (SUPREME COURT OF INDIA) U.P. Avas Evam Vikas Parishad Appellant Versus Ram Krishna and others Respondent WITH U.P. Avas Evam Vikas Parishad, Lucknow Appellant Versus Neel Kant and others Respondent … Continue reading U.P. Avas Evam Vikas Parishad Versus Ram Krishna and others [ALL SC 2002 FEBRUARY ]

Pradeep Kumar Biswas and Others Vs Indian Institute of Chemical Biology and Others[ALL SC 2002 APRIL]

KEYWORDS:- parity of remuneration- Definition of State- DATE:-16-04-2002 Whether an entity is an instrumentality or agency of the State? JT 2002 (4) SC 146 : (2002) 3 SCALE 638 : (2002) 5 SCC 111 : (2002) 3 SCR 100 (SUPREME COURT OF INDIA) Pradeep Kumar Biswas and Others Appellant Versus Indian Institute of Chemical Biology … Continue reading Pradeep Kumar Biswas and Others Vs Indian Institute of Chemical Biology and Others[ALL SC 2002 APRIL]

Rupa Ashok Hurra Versus Ashok Hurra and another[ALL SC 2002 APRIL]

Keywords:-RELIEF AGAINST DISMISSIAL OF REVIEW PETITION- Date:-10-04-2002- Whether an aggrieved person is entitled to any relief against a final judgment/order of this Court, after dismissal of review petition, either under Article 32 of the Constitution or otherwise? AIR 2002 SC 1771 : (2002) 2 SCR 1006 : (2002) 4 SCC 388 : JT 2002 (3) … Continue reading Rupa Ashok Hurra Versus Ashok Hurra and another[ALL SC 2002 APRIL]

K. M. Mathew Appellant Vs K. A. Abraham and others[ALL SC 2002 AUGUST]

KEYWORDS:-DEFAMATION-NEWSPAPER- DATE:-23-08-2002 In the case of publication of any newspaper, each copy of the publication shall contain the names of the owner and the editor who have printed and published that newspaper. AIR 2002 SC 2989 : (2002) 1 Suppl. SCR 662 : (2002) 6 SCC 670 : JT 2002 (6) SC 248 : (2002) … Continue reading K. M. Mathew Appellant Vs K. A. Abraham and others[ALL SC 2002 AUGUST]

T.M.A. Pai Foundation and others vs State of Karnataka and others[ALL SC 2002 OCTOBER]

KEYWORDS:- Establishment of educational institutions-Fundamental right- DATE:-31-10-2002 Supreme Court not to create substantive Constitutional rights in the name of guaranteeing equal protection The only interplay between Articles 29(2) and 30(1) is that once State aid is taken, then students of all communities must be admitted. In other words, no citizen can be refused admission on … Continue reading T.M.A. Pai Foundation and others vs State of Karnataka and others[ALL SC 2002 OCTOBER]

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]

A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Forcible dispossession:  Even a trespasser cannot be evicted forcibly. Thus, a person in illegal occupation of the land has to be evicted following the procedure prescribed under the law. (Vide Midnapur Zamindary Co. Ltd. v. Naresh Narayan Roy AIR 1924 PC 124; Lallu Yeshwant Singh v. Rao Jagdish Singh and Ors. AIR 1968 SC 620; … Continue reading A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

KEYWORDS:- RAPE- Removal from service- disciplinary inquiry – natural Justice- The question as to whether Inquiry Officer who is supposed to act independently in an inquiry has acted as prosecutor or not is a question of fact which has to be decided on the facts and proceedings of particular case. The disciplinary proceedings are quasi-judicial proceedings … Continue reading Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

Director General, CRPF & Ors. Vs. Janardan Singh & Ors. [ALL SC 2018 JULY]

KEYWORDS:-Special (Duty) Allowance- Equality before Law-Valid classification- DATE:- JULY 02, 2018 Article 14 does not prohibit reasonable classification but for passing test of permissible classification there are two conditions as observed in Budhan Choudhary versus State of Bihar must be satisfied. ACT:- Article 14 of Indian Constitution SUPREME COURT OF INDIA Director General, CRPF & Ors. Vs. … Continue reading Director General, CRPF & Ors. Vs. Janardan Singh & Ors. [ALL SC 2018 JULY]

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 ]

M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]

KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments … Continue reading M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]

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 ]

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]

Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & Ors [ALL SC 2018 MAY]

KEYWORDS:- Condonation of Inordinate Delay- DATE:- MAY 07, 2018 ACTS:- Order VIII Rule 1 of the Code of Civil Procedure, 1908 HELD:- “We fail to persuade ourselves with this kind of reasoning given by the High Court in condoning the delay, thereby disregarding the provisions of Order VIII Rule 1 of the Code of Civil Procedure, … Continue reading Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & 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]

The Companies Act, 2013 [SCHEDULE]

KEYWORDS:- CORPORATE LAW The Companies Act, 2013[CLICK] Schedule I (See sections 4 and 5) Table-A Memorandum of Association of a Company Limited by Shares 1st The name of the company is “…………………………….Limited / Private Limited”. 2nd The registered office of the company will be situated in the State of…………………………….. 3rd (a) The objects to be pursued … Continue reading The Companies Act, 2013 [SCHEDULE]

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]

Arif Khan @ Agha Khan Vs. State of Uttarakhand[ ALL SC 2018 APRIL]

KEYWORDS:-NDPS- DATE-April 27, 2018 “Since the non-compliance of the mandatory procedure prescribed under Section 50 of the NDPS Act is fatal to the prosecution case and, in this case, we have found that the prosecution has failed to prove the compliance as required in law“ ACTS:- Section 20 & 50 of the Narcotic Drugs and Psychotropic … Continue reading Arif Khan @ Agha Khan Vs. State of Uttarakhand[ ALL SC 2018 APRIL]