Sopan Sukhdeo Sable and others Vs Assistant Charity Commissioner and others [ALL SC 2004 JANUARY]

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]

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

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

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).… Read More V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 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

Gottumukkala Venkata Krishamraju Vs. Union of India & Ors. [ALL SC 2018 SEPTEMBER]

SEPTEMBER 07, 2018 : Ordinarily wherever the word ‘substitute’ or ‘substitution’ is used by the legislature, it has the effect of deleting the old provision and make the new provision operative. The process of substitution consists of two steps: first, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place. The rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier Act must thereafter be read and construed as if the altered words had been written into the earlier Act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending Act at all. No doubt, in certain situations, the Court having regard to the purport and object sought to be achieved by the Legislature may construe the word “substitution” as an “amendment” having a prospective effect.… Read More Gottumukkala Venkata Krishamraju Vs. Union of India & Ors. [ALL SC 2018 SEPTEMBER]

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]

State of Maharashtra & Ors. Vs. Tasneem Rizwan Siddiquee [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]

S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [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]

Shivaraj Vs. Rajendra & ANR [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]