Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana If the information was received when the police officer was in the police station with sufficient time to take action, and if the police officer fails to record in writing the information received, or fails to send a copy thereof, to the official superior, then … Continue reading Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors. [SC 2012 November]

Keywords :- Stop Payment – Mismatching signature- November 27, 2012- Heavy onus lies on the court issuing summons in such cases as the trial is summary in nature. The category of ‘stop payment cheques’ would be a category which is subject to rebuttal and hence would be an offence only if the drawer of the cheque … Continue reading M/s. Laxmi Dyechem Vs. State of Gujarat & Ors. [SC 2012 November]

V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]

KEYWORDS:-DOMESTIC VIOLENCE A petition under the provisions of the PWD Act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said Act, notwithstanding the fact that in the past she had lived together with her husband in a shared household, but was no … Continue reading V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]

WB Backward Classes (Other than SC & ST) Reservation of Vacancies in Services & Posts Act, 2012

GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 533-L.—25th March, 2013.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXXIX of 2012 THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES … Continue reading WB Backward Classes (Other than SC & ST) Reservation of Vacancies in Services & Posts Act, 2012

Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. Rev. P.M.A. Metropolitan and others Appellant Versus Moran Mar marthoma and another Respondent (Before: R. M. Sahai, B. P. Jeevan Reddy And S. … Continue reading Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

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]

Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

KEYWORDS:- Murder- Acquittal- PLEA OF INSANITY- Right of Life- Benefit of Doubt- “We are therefore of the considered opinion, that the appellant has been able to create sufficient doubt in our mind that he is entitled to the benefit of the exception under section 84 I.P.C. because of the preponderance of his medical condition at … Continue reading Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

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]

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]

Ex-Navy Direct Entry Artificers Association & Ors. Vs. Union of India & Ors [ALL SC 2018 MAY]

KEYWORDS: Principle of Promissory Estoppel – Reservist pension DATE: MAY 08, 2018 ACTS: Regulation 78 of the Navy (Pension) Regulations, 1964,Naval Regulations Part-III HELD: “ The appellants are not entitled to count 50% of the Fleet Reserve as they were never drafted into the said reserve. Consequently, the appellants are not entitled to reservist pension. However, their cases … Continue reading Ex-Navy Direct Entry Artificers Association & Ors. Vs. Union of India & Ors [ALL SC 2018 MAY]

Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]

KEYWORDS:-Struck Down a Law  DATE:- MAY 07, 2018- “Section 4(3) of the 1981 Act cannot pass the test of Cof the Constitution of India and is, therefore, liable to be struck down. We, therefore, hold that the aforesaid Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 is ultra vires the Constitution … Continue reading Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]

Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors[ALL SC 2014 SEPTEMBER]

KEYWORDS:- REVIEW PETITION – DEATH CONVICT- DATE:-2 September, 2014 A review petition filed by a convict whose death penalty is affirmed by this Court is required to be heard in open Court but cannot be decided by circulation. The right of a limited oral hearing in review petitions where death sentence is given, shall be … Continue reading Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors[ALL SC 2014 SEPTEMBER]

Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.

Cr.P.C. S.251: It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued Under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial Court to carefully go through the allegations made in the charge sheet or … Continue reading Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.

Ameet Lalchand Shah and Others Vs. Rishabh Enterprises and Another[ALL SC 2018 MAY]

KEYWORDS:-Reference to arbitration-Inter connected agreement-Fraud- DATE:-May 03, 2018 Appeal allowed An arbitration agreement means an agreement which is enforceable in law and the jurisdiction of the arbitrator is on the basis of an arbitration clause contained in the arbitration agreement. However, in a case where the parties alleged that the arbitration agreement is vitiated on … Continue reading Ameet Lalchand Shah and Others Vs. Rishabh Enterprises and Another[ALL SC 2018 MAY]

Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

KEYWORDS:-Preliminary inquiry- DATE: 12 November, 2013- If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police … Continue reading Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

Dadu alias Tulsidas Versus State of Maharashtra[ ALL SC 2000 OCTOBER]

KEYWORDS:-PAROLE-NDPS DATE:-12-10-2000 Parole did not amount to the suspension, remission or commutation of sentences which could be withheld under the garb of S. 32-A of the Act. AIR 2000 SC 3203 : (2000) 8 SCC 437 : JT 2000 (1) Suppl. SC 449 : (2000) 6 SCALE 746 : (2000) CriLJ SC 4619 (SUPREME COURT … Continue reading Dadu alias Tulsidas Versus State of Maharashtra[ ALL SC 2000 OCTOBER]

State of Kerala & ANR. Vs. Mythri Vidya Bhavan English Medium School & Ors[ALL SC 2018 MAY]

KEYWORDS:-Fundamental right to free and compulsory education- DATE:-May 2, 2018 ACTS:-Chapter IV of the Kerala Education Rules, 1959 SUPREME COURT OF INDIA State of Kerala & ANR. Vs. Mythri Vidya Bhavan English Medium School & Ors. [Special Leave Petition (C) Nos. 18475-18476 of 2013] [SLP (C) Nos. 4531-4532/2014] WITH [SEE BELOW] Madan B. Lokur, J. … Continue reading State of Kerala & ANR. Vs. Mythri Vidya Bhavan English Medium School & Ors[ALL SC 2018 MAY]

Union of India Vs. Hardy Exploration and Production (India) Inc.[ALL SC 2018 MAY]

KEYWORDS:-“seat” and “venue” for holding arbitration proceedings DATE:-May 01, 2018 The case referred to a larger bench- QUESTION POSED :-When the arbitration agreement specify the “venue” for holding the arbitration sittings by the arbitrators but does not specify the “seat”, then on what basis and by which principle, the parties have to decide the place … Continue reading Union of India Vs. Hardy Exploration and Production (India) Inc.[ALL SC 2018 MAY]

Alakh Alok Srivastava Vs. Union of India & Ors.[ALL SC 2018 MAY]

KEYWORDS:- Direction issued -POCSO ACT-Speedy Trial- DATE:-MAY 01, 2018 ACT:- Protection of Children from Sexual Offences Act, 2012 SUPREME COURT OF INDIA Alakh Alok Srivastava Vs. Union of India & Ors. [Writ Petition (C) No.76 of 2018] Dipak Misra, CJI. 1. The instant Writ Petition initially raised two issues, first, the treatment of an eight month … Continue reading Alakh Alok Srivastava Vs. Union of India & Ors.[ALL SC 2018 MAY]

Chhotanben and ANR. Vs. Kiritbhai Jalkrushnabhai Thakkar and Ors[ALL SC 2018 APRIL]

KEYWORDS:-Suit for declaration and permanent injunction-Joint ownership and possession- DATE:-April 10, 2018 What is relevant for answering the matter in issue in the context of the application under Order VII Rule 11(d), is to examine the averments in the plaint. The plaint is required to be read as a whole. The defence available to the … Continue reading Chhotanben and ANR. Vs. Kiritbhai Jalkrushnabhai Thakkar and Ors[ALL SC 2018 APRIL]

Baxis Singh Vs. Sukhdev Singh (D) through LRS. & Ors[ALL SC 2018 APRIL]

KEYWORDS:-refund of the amount- Proceeding under Section 145 of the Cr.P.C.  do not determine the title or ownership in the land DATE:-April 10, 2018 SUPREME COURT OF INDIA Baxis Singh Vs. Sukhdev Singh (D) through LRS. & Ors. [Civil Appeal No.6303 of 2012] S.ABDUL NAZEER, J. 1. This appeal by special leave is directed against … Continue reading Baxis Singh Vs. Sukhdev Singh (D) through LRS. & Ors[ALL SC 2018 APRIL]

Special Court and Procedure under POCSO Act 2012

The Protection of Children from Sexual Offences Act, 2012 [POCSO] CHAPTER VII  SPECIAL COURTS 28. Designation of Special Courts : (1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session … Continue reading Special Court and Procedure under POCSO Act 2012