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]

State of West Bengal and ORS Vs  The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]

It may not be out of place to mention that in so far as this Court is concerned, apart from Articles 32 and 142 which empower this Court to issue such directions, as may be necessary for doing complete justice in any cause or matter, Article 144 of the Constitution also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders passed by this Court.… Read More State of West Bengal and ORS Vs  The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]

‘K’ A Judicial officer Vs Registrar General, High Court of ANDHRA PRADESH [All SC 2010 March]

AIR 2010 SC 2801 : (2010) 6 SCALE 100 : (2010) 11 SCC 722 whether in exercise of the appellate/revisional jurisdiction qua the orders/judgments of courts subordinate to it, the High Court should make disparaging remarks/comments casting aspersions on the credibility of the Judicial Officer, whose order is under challenge? (SUPREME COURT OF INDIA) ‘K’… Read More ‘K’ A Judicial officer Vs Registrar General, High Court of ANDHRA PRADESH [All SC 2010 March]

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

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… Read More 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.… Read More Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]

Smt. Selvi and OTHERS Versus State of Karnataka[ALL SC 2010 MAY]

KEYWORDS:- Scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test- DATE:-05-05-2010- Forcing an individual to undergo any of the impugned techniques violates the standard of ‘substantive due process’ which is required for restraining personal liberty. JT 2010 (5) SC 11 : (2010) 4 SCALE 690 : (2010) 7 SCC 263… Read More Smt. Selvi and OTHERS Versus State of Karnataka[ALL SC 2010 MAY]

Virender Prasad Singh vs Rajesh Bhardwaj & Ors [SC 2010 AUGUST]

KEYWORDS: Re- Investigation-Further investigation ‘Further investigation’ and `reinvestigation’ stand on different footing. It may be that in a given situation a superior Court in exercise of its Constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a “State” to get an offence investigated and/or further investigated by a different… Read More Virender Prasad Singh vs Rajesh Bhardwaj & Ors [SC 2010 AUGUST]

Union of India Versus R. Gandhi, President, Madras Bar Association[SC 2010 May]Constitution Bench

Keywords: Dilution of independence of Judiciary We uphold the decision of the High Court that the creation of National Company Law Tribunal and National Company Law Appellate Tribunal and vesting in them, the powers and jurisdiction exercised by the High Court in regard to company law matters, are not unconstitutional. JT 2010 (5) SC 553(1)… Read More Union of India Versus R. Gandhi, President, Madras Bar Association[SC 2010 May]Constitution Bench

Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]

Keywords :- Live in relationship:- wife-  Women in live-in relationships are also entitled to all the reliefs given in the said Act. [ref: to larger bench] (SUPREME COURT OF INDIA) (Before : G. S. Singhvi and Asok Kumar Ganguly, JJ.) Civil Appeal No. … of 2010 (Arising out of SLP (Civil) No. 15071 of 2009);… Read More Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]

Harinarayan G. Bajaj Versus State of Maharashtra and Others[SC 2010]

Keywords:- Cross-examination before Charge-Denovo trial – Meaning of Evidence under Section 244, Cr. P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when a new accused is summoned, he would have similar right to cross-examine the witness examined during the inquiry afresh. the word ‘proceedings’ which… Read More Harinarayan G. Bajaj Versus State of Maharashtra and Others[SC 2010]