Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]

In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballot System is introduced which, according to the petitioner, violates the principle of ‘secrecy’ which, according to the petitioner, is the essence of free and fair elections as also the voter’s freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.… Read More Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]

Jet Ply Wood Pvt. Ltd. and ANR Vs Madhukar Nowlakha and ORS [ALL SC 2006 FEBRUARY]

Keywords:-Recalling of an order permitting withdrawal of a suit- INHERENT POWER- In the absence of a specific provision in the Code of Civil Procedure providing for the filing of an application for recalling of an order permitting withdrawal of a suit, the provisions of Section 151 of the Civil Procedure Code can be resorted to… Read More Jet Ply Wood Pvt. Ltd. and ANR Vs Madhukar Nowlakha and ORS [ALL SC 2006 FEBRUARY]

Howrah Mills Co. Ltd. and ANOTHER Vs Md. Shamin and ORS[ALL SC 2006 MAY]

KEYWORDS:- THIKA TENANCY-supervision of the BIFR – DATE:-12-05-2006 (2006) 6 SCALE 50 : (2006) 5 SCC 539 : (2006)Supp(2) SCR 692 (SUPREME COURT OF INDIA) Howrah Mills Co. Ltd. and ANOTHER Appellant Versus Md. Shamin and OTHERS Respondent (Before : S. B. Sinha and P. K. Balasubramanyan, JJ. ) Civil Appeal No. 2639 of 2006… Read More Howrah Mills Co. Ltd. and ANOTHER Vs Md. Shamin and ORS[ALL SC 2006 MAY]

Sadashio Mundaji Bhalerao Vs State of Maharashtra[ALL SC 2006 NOVEMBER]

KEYWORDS:-EVIDENCE IN CUSTODIAL DEATH- DATE:-28-11-2006. AIR 2007 SC 1028 : (2006) 9 Suppl. SCR 733 : (2006) 12 SCALE 470 (SUPREME COURT OF INDIA) Sadashio Mundaji Bhalerao Appellant Versus State of Maharashtra Respondent (Before : G. P. Mathur And A. K. Mathur, JJ.) Criminal Appeal No. 478 of 2005 with Cri. A. Nos. 479 and… Read More Sadashio Mundaji Bhalerao Vs State of Maharashtra[ALL SC 2006 NOVEMBER]

State Bank of India and ANOTHER Vs Mula Sahakari Sakhar Karkhana Ltd [SC 2006 July]

keywords :Contract of indemnity- AIR 2007 SC 2361 : (2006) 3 Suppl. SCR 320 : (2006) 6 SCC 293 : JT 2006 (6) SC 152 : (2006) 6 SCALE 600 (SUPREME COURT OF INDIA) State Bank of India and ANOTHER Appellant Versus Mula Sahakari Sakhar Karkhana Ltd Respondent (Before : S. B. Sinha And P.… Read More State Bank of India and ANOTHER Vs Mula Sahakari Sakhar Karkhana Ltd [SC 2006 July]

Sadhu Singh vs. Gurudwara Sahib Narike & Ors.[SC 2006 September]

KEYWORDS:-HINDU SUCCESSION-mesne profits DATE: 08-09-2006- When a male Hindu dies possessed of property after the coming into force of the Hindu Succession Act, his heirs as per the schedule, take it in terms of Section 8 of the Act. The heir or heirs take it absolutely. There is no question of any limited estate descending… Read More Sadhu Singh vs. Gurudwara Sahib Narike & Ors.[SC 2006 September]

Parkash Singh Badal and ANOTHER Vs State of Punjab and OTHERS[SC 2006 DECEMBER]

KEYWORDS :- per incuriam- A public servant occupies office which renders him a public servant and occupying the office carries with it the powers conferred on the office. Power generally is not conferred on an individual person. In a society governed by rule of law power is conferred on office or acquired by statutory status and… Read More Parkash Singh Badal and ANOTHER Vs State of Punjab and OTHERS[SC 2006 DECEMBER]

Syndicate Bank vs Channaveerappa Beleri & Ors [SC 2006 April]

Keywords: Bank Credit-on demand-Bank Loan-period of limitation This Court itself had indicated that ‘live account’ means an account that is not settled. The use of the term ‘settled’ gives an indication that a ‘live account’ refers to an account where the balance has not been struck by an “account stated” or “account settled”. If Article… Read More Syndicate Bank vs Channaveerappa Beleri & Ors [SC 2006 April]

Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance

Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in the complaint constitute any offence under any penal law for the time being in force, then only, the learned Magistrates are empowered to… Read More Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance

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]