KEYWORDS:- Rejection of Plaint AIR 2004 SC 1801 : (2004) 1 SCR 1004 : (2004) 3 SCC 137 : JT 2004 (2) Suppl. SC 515 : (2004) 2 SCALE 82 (SUPREME COURT OF INDIA) Sopan Sukhdeo Sable and others Appellant Versus Assistant Charity Commissioner and others Respondent (Before : Doraiswamy Raju And A. Pasayat, JJ.)… Read More Sopan Sukhdeo Sable and others Vs Assistant Charity Commissioner and others [ALL SC 2004 JANUARY]
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”.… Read More Zahira Habibulla H. Sheikh and another Vs State of Gujarat and others[ALL SC 2004 APRIL]
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.… Read More State of Orissa Vs Debendra Nath Padhi[ALL SC 2004 NOVEMBER]
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… Read More National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]
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… Read More Man Roland Druckimachinen AG Vs Multicolour Offset Ltd. and another[SC 2004 APRIL]
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… Read More Ghaziabad Development Authority Versus Balbir Singh[SC 2004 March]
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… Read More Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another[SC 2004 January]
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]
September 05, 2018-ILLEGAL ARREST-Habeas corpus-whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation, this issue has been considered in the case of Saurabh Kumar through his father Vs. Jailor, Koneila Jail and Anr., 1 and Manubhai Ratilal Patel Vs. State of Gujarat and Ors.2 It is no more res integra. The Respondent ought to have filed a Revision against the Order of remand than to file a Habeas Corpus to challenge the Arrest-APPEAL ALLOWED-RESPONDENT REARRESTED… Read More State of Maharashtra & Ors. Vs. Tasneem Rizwan Siddiquee [ALL SC 2018 SEPTEMBER]
September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.… Read More S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]
September 05, 2018: MOTOR INSURANCE-Permanent disability should be reckoned as 67% to the whole body. However, after going through the evidence of the doctor who had treated the appellant and the medical records, we find that the assessment made by the tribunal about the extent of permanent disability at 60% to the whole body seems to be a possible view. We are not inclined to disturb the said finding and also because it has been justly affirmed by the High Court, being concurrent finding of fact. Accordingly, the claim of the appellant for enhancement of compensation amount does not merit interference-APPEAL NOT ALLOWED.… Read More Shivaraj Vs. Rajendra & ANR [ALL SC 2018 SEPTEMBER]
The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of “rape” as contained in Section 375, IPC refers to “SEXual intercourse” and the Explanation appended to the Section provides that penetration is sufficient to constitute the SEXual intercourse necessary to the offence of rape. Intercourse means SEXual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view.
… Read More Ramkripal s/o Shyamlal Charmakar Versus State of Madhya Pradesh [ALL SC 2007 MARCH]
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]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.