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 ]

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

Ashok Kumar Vs State of Haryana[ALL SC 2010 JULY]

KEYWORDS:-the cruelty, harassment and demand of dowry should not be so ancient whereafter, the couple and the family members have lived happily. DATE:-08-07-2010 AIR 2010 SC 2839 : (2010) CriLJ SC 4402 : JT 2010 (7) SC 460 : (2010) 12 SCC 350 : (2010) 7 SCALE 30 (SUPREME COURT OF INDIA) Ashok Kumar Appellant … Continue reading Ashok Kumar Vs State of Haryana[ALL SC 2010 JULY]

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

United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

Keywords:- DRT-SARFAESI Act Explained Court must have good and sufficient reason to bypass the alternative remedy provided by statute AIR 2010 SC 3413 : (2010) 7 SCALE 696 : (2010) 8 SCC 110 : (2010) 9 SCR 1 : JT 2010 (7) SC 651 (SUPREME COURT OF INDIA) United Bank of India Appellant Versus Satyawati … Continue reading United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

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) … Continue reading 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); … Continue reading 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 … Continue reading Harinarayan G. Bajaj Versus State of Maharashtra and Others[SC 2010]

D. Velusamy Vs D. Patchaiammal[SC 2010 October]

KeyWords:– Maintenance-Delay-a relationship in the nature of marriage-Polimony-common law marriage⇒ It is not for Supreme Court to legislate or amend law—Parliament has used expression “relationship in nature of marriage” and not live-in-relationship—Court in garb of interpretation cannot change language of statute. The petition under Section 125 Cr.P.C. filed in the year 2001, i.e. after a … Continue reading D. Velusamy Vs D. Patchaiammal[SC 2010 October]

Manish Goel vs Rohini Goel[SC 2010 February]

 Keywords : Article 142 of the Constitution In exercise of the power under Article 142 of the Constitution, this Court generally does not pass an order in contravention of or ignoring the statutory provisions nor the power is exercised merely on sympathy. It is true that this Court when exercises its discretionary power under Article … Continue reading Manish Goel vs Rohini Goel[SC 2010 February]

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]

State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both … Continue reading State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

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]

Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising … Continue reading Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

Omprakash Vs. Laxminarayan & Ors[ALL SC 2013 OCTOBER]

KEYWORDS:- Specific performance of contract -conveyance DATE:-OCTOBER 7, 2013 Section 33 of the Act casts a statutory obligation on all the authorities to impound a document. The court being an authority to receive a document in evidence is bound to give effect thereto. The unregistered deed of sale was an instrument which required payment of … Continue reading Omprakash Vs. Laxminarayan & Ors[ALL SC 2013 OCTOBER]

M/s. Geomysore Services India Pvt. Ltd. & ANR. Vs. M/s. Hutti Goldmines Company Ltd. & Ors.[ALL SC 2018 MAY]

KEYWORDS:- Reservation of land The State Government being the owner of the land and minerals, has a right to make a proposal to the Central Government to reserve lands not held under a prospecting licence or mining lease for exploitation by the State Government companies or undertakings but approval of the Central Government is necessary; … Continue reading M/s. Geomysore Services India Pvt. Ltd. & ANR. Vs. M/s. Hutti Goldmines Company Ltd. & Ors.[ALL SC 2018 MAY]

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]

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]