Zahira Habibulla H. Sheikh and another Vs State of Gujarat and others[ALL SC 2004 APRIL]

KEYWORDS:-The principle of fair trial- Retrial- DATE:-12-04-2004 “A somewhat an unusual mode in contract to the lapse committed by non-examining victims and injured witnesses adopted by the investigating agency and the prosecutor was examination of six relatives of accused persons. They have expectedly given a clean chit to the accused and labeled them as saviors”. … Continue reading Zahira Habibulla H. Sheikh and another Vs State of Gujarat and others[ALL SC 2004 APRIL]

State of Orissa Vs Debendra Nath Padhi[ALL SC 2004 NOVEMBER]

KEYWORDS: The record of the case- Framing of charge- DATE:- 29-11-2004 AIR 2005 SC 359 : (2004) 6 Suppl. SCR 460 : (2005) 1 SCC 568 : JT 2004 (10) SC 303 : (2004) 10 SCALE 50 (SUPREME COURT OF INDIA) State of Orissa Appellant Versus Debendra Nath Padhi Respondent (Before : Y. K. Sabharwal, D. … Continue reading State of Orissa Vs Debendra Nath Padhi[ALL SC 2004 NOVEMBER]

National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]

KEYWORDS:- MOTOR VEHICLE CLAIM- DATE:-05-01-2004- If a vehicle at the time of accident was driven by a person having a learner’s licence, the insurance companies would be liable to satisfy the decree. AIR 2004 SC 1531 : (2004) 1 SCR 180 : (2004) 3 SCC 297 : JT 2004 (1) SC 109 : (2004) 1 … Continue reading National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]

Man Roland Druckimachinen AG Vs Multicolour Offset Ltd. and another[SC 2004 APRIL]

KEYWORDS-Restraining Legal Proceeding- 19-04-2004- Undoubtedly when the parties have agreed on a particular forum, the Courts will enforce sauch agreement. This is not because of a lack or ouster of its own jurisdiction by reason of concensual conferment of jurisdiction on another Court, but because the Court will not be party to a breach of … Continue reading Man Roland Druckimachinen AG Vs Multicolour Offset Ltd. and another[SC 2004 APRIL]

Ghaziabad Development Authority Versus Balbir Singh[SC 2004 March]

Keywords:- Compensation Concept that King can do no wrong has been abandoned in England itself and the State is now held responsible for tortuous act of its servants. Ghaziabad Development Authority Versus Balbir Singh The word ‘compensation’ is again of very wide connotation. It has not been defined in the Act. According to dictionary it means, ‘compensating … Continue reading Ghaziabad Development Authority Versus Balbir Singh[SC 2004 March]

Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another[SC 2004 January]

27-01-2004 Appellant suffered mental agony in taking delivery of a defective car after having paid for a brand new car and in taking the car again and again to the dealer for repairs Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another Keywords:-Mental agony– In our view, it is shameful that a defective car was sought … Continue reading Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another[SC 2004 January]

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]

Moran M. Baselios marthoma Mathews II and OTHERS Vs State of Kerala and OTHERS [ALL SC 2007 APRIL]

AIR 2007 SCW 4367 : JT 2007 (6) SC 282 : (2007) 6 SCALE 134 : (2007) 6 SCC 517 (SUPREME COURT OF INDIA) Moran M. Baselios marthoma Mathews II and OTHERS Appellant Versus State of Kerala and OTHERS Respondent (Before : S. B. Sinha And Markandey Katju, JJ.) Civil Appeal Nos. 5460-5466 of 2004, … Continue reading Moran M. Baselios marthoma Mathews II and OTHERS Vs State of Kerala and OTHERS [ALL SC 2007 APRIL]

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]

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]

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]

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 ]

Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana If the information was received when the police officer was in the police station with sufficient time to take action, and if the police officer fails to record in writing the information received, or fails to send a copy thereof, to the official superior, then … Continue reading Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

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.

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 ]

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

KEYWORDS: Alternative Dispute Resolution- Arbitration HELD:- A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any … Continue reading AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

Gurwinder Singh @ Sonu Etc. Vs. State of Punjab and ANR [ALL SC 2018 MAY]

KEYWORD: MURDER CONVICTION DATE: May 08, 2018 ACTS: Section 304 Part-I IPC HELD: “the deceased sustained head injuries with multiple fractures, right fronto temporal and temporo parietal region infarct in the right fronto temporo parietal region of the brain, haemorrhagic contusions in bilateral temporal region and right parietal region. The weapon used in the manner in which … Continue reading Gurwinder Singh @ Sonu Etc. Vs. State of Punjab and ANR [ALL SC 2018 MAY]

Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]

KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF INDIA) Sanjay Chandra Appellant Versus CBI Respondent (Before : H.L. Dattu and G.S. Singhvi, JJ.) Criminal Appeal No. 2178 of 2011 (Arising out … Continue reading Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]

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]

M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. & Ors. Etc.[ALL SC 2018 MAY]

KEYWORDS:-SUIT- RIGHTS ON THE LAND-EXTINCTION OF OWNERSHIP RIGHT- DATE:- May 03, 2018 A right in the property once extinguished by operation of law, it cannot be revived unless the law itself provides for its revival in a particular situation. SUPREME COURT OF INDIA M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. … Continue reading M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. & Ors. Etc.[ALL SC 2018 MAY]