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]

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]

Prashant Bharti vs State Of NCT Of Delhi [ALL SC 2013 JANUARY]

KEYWORDS:-False rape charge- DATE:- 23 January, 2013 ACTS:-Section 376 IPC IN THE SUPREME COURT OF INDIA CRIMINAL APPEAL NO. 175 OF 2013 (Arising out of SLP (Criminal) No. 1800 OF 2009) Prashant Bharti vs State Of Nct Of Delhi Bench: D.K. Jain, Jagdish Singh Khehar J U D G M E N T JAGDISH SINGH … Continue reading Prashant Bharti vs State Of NCT Of Delhi [ALL SC 2013 JANUARY]

Rafique Shaikh Bhikan & Ors. Vs. Union of India & Ors [SC 2013 April]

KEYWORDS:- Hajj Policy 2013 – 2017- Hajj Subsidy Date:-April 16, 2013- Practice of framing Hajj Policy on an annual basis is quite ad-hoc and unsatisfactory and must be replaced by a policy framework made for a period of five years. We, accordingly, direct that the Hajj Policy that is to be framed this year would be … Continue reading Rafique Shaikh Bhikan & Ors. Vs. Union of India & Ors [SC 2013 April]

Subal Ghorai & Ors. Vs. State of West Bengal [SC 2013 APRIL]

KEYWORDS:-MURDER-Interested witness-Common object- DATE: APRIL 2, 2013 Absence of names of accused in the FIR in the abovementioned facts, lead Court to give them benefit of doubt. In any case, the omissions are minor omissions pertaining to non-mentioning of weapons carried by the accused or not referring to the parts of the bodies of the deceased on … Continue reading Subal Ghorai & Ors. Vs. State of West Bengal [SC 2013 APRIL]

State of Maharashtra Vs. Bhakti Vedanta Book Trust and others [SC 2013 APRIL]

KEYWORDS:-Land Acquisition- DATE: April 4, 2013- If any private land is shown as reserved in the Development plan , the same can be acquired within 10 years either by agreement or by following the procedure prescribed under the 1894 Act and if proceedings for the acquisition of the land are not commenced within that period and a … Continue reading State of Maharashtra Vs. Bhakti Vedanta Book Trust and others [SC 2013 APRIL]

Sister Mina Lalitha Baruwa vs State Of Orissa & Ors [SC 2013 DECEMBER]

KEYWORDS:- Recalling witness- private prosecutor- A reading Sections 301 and 311 together keeping in mind a situation like the one on hand, it will have to be stated that the trial Court should have examined whether invocation of Section 311 was required to arrive at a just decision. In other words even if in the … Continue reading Sister Mina Lalitha Baruwa vs State Of Orissa & Ors [SC 2013 DECEMBER]

Subhash Chand vs State(Delhi Administration) [SC 2013 JANUARY ]

KEYWORDS:- APPEAL BY COMPLAINANT- A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court. He cannot file such appeal in the Sessions Court. DATE : 8 January, 2013 Bench: Aftab Alam, Ranjana Prakash Desai IN THE SUPREME COURT OF INDIA CRIMINAL … Continue reading Subhash Chand vs State(Delhi Administration) [SC 2013 JANUARY ]

A.C. Narayanan vs State Of Maharashtra & Anr [ SC 2013 September ]

Keywords:- Power of Attorney (i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent. (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint. However, the power of attorney holder must have witnessed … Continue reading A.C. Narayanan vs State Of Maharashtra & Anr [ SC 2013 September ]

Indra Sarma vs V.K.V.Sarma[SC 2013 NOVEMBER]

KEYWORDS:-relationship in the nature of marriage-live-in relationship-domestic violence- bigamous relationship-mistress- The appellant, having been fully aware of the fact that the respondent was a married person, could not have entered into a live-in relationship in the nature of marriage. All live-in- relationships are not relationships in the nature of marriage. Appellant’s and the respondent’s relationship … Continue reading Indra Sarma vs V.K.V.Sarma[SC 2013 NOVEMBER]

Sunil Mehta & ANR. Vs. State of Gujarat & ANR.[SC 2013]

Evidence before Charge in Complaint case- trial of Complaint case 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. SUPREME COURT OF … Continue reading Sunil Mehta & ANR. Vs. State of Gujarat & ANR.[SC 2013]

Deepak Aggarwal vs Keshav Kaushik & Ors[SC 2013]

Keywords: Public Prosecutor In our view, none of the five private appellants, on their appointment as Assistant District Attorney/Public Prosecutor/Deputy Advocate General, ceased to be ‘advocate’ and since each one of them continued to be ‘advocate’, they cannot be considered to be in the service of the Union or the State within the meaning of … Continue reading Deepak Aggarwal vs Keshav Kaushik & Ors[SC 2013]

The Companies Act, 2013 [SCHEDULE]

KEYWORDS:- CORPORATE LAW The Companies Act, 2013[CLICK] Schedule I (See sections 4 and 5) Table-A Memorandum of Association of a Company Limited by Shares 1st The name of the company is “…………………………….Limited / Private Limited”. 2nd The registered office of the company will be situated in the State of…………………………….. 3rd (a) The objects to be pursued … Continue reading The Companies Act, 2013 [SCHEDULE]

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]

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]

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]

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]

United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

KEYWORDS:-Private Tour Operators-Quota for the Hajj-Hajj policy- DATE:-May 07, 2018 “It was also emphasized that it is a sound policy to punish the wrongdoer and it is in that spirit that the courts have molded the relief by granting compensation in exercise of writ jurisdiction”. SUPREME COURT OF INDIA United Air Travel Services through its … Continue reading United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

KEYWORDS:-Reexamination of Answer Sheet-Publication of key answers- DATE:-MAY 03, 2018. The key answers prepared by the papersetter or the examining body is presumed to have been prepared after due deliberations. To err is human. There are various factors which may lead to framing of the incorrect key answers. The publication of key answers is a … Continue reading Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

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]

Arif Khan @ Agha Khan Vs. State of Uttarakhand[ ALL SC 2018 APRIL]

KEYWORDS:-NDPS- DATE-April 27, 2018 “Since the non-compliance of the mandatory procedure prescribed under Section 50 of the NDPS Act is fatal to the prosecution case and, in this case, we have found that the prosecution has failed to prove the compliance as required in law“ ACTS:- Section 20 & 50 of the Narcotic Drugs and Psychotropic … Continue reading Arif Khan @ Agha Khan Vs. State of Uttarakhand[ ALL SC 2018 APRIL]

Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors .[ALL SC 2018 MAY]

KEYWORDS:-  HINDU RITUAL- HINDU RITUAL- LORD SHIVA DATE:- MAY 02, 2018 ACTS:- WRIT PETITION SUPREME COURT OF INDIA Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors. [Civil Appeal No. 4676 2018 arising out of S.L.P. (C) No.15459 of 2017] ARUN MISHRA, J. 1. Leave granted. 2. The petition pertains to famous Mahakaleshwar temple, … Continue reading Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors .[ALL SC 2018 MAY]

Oriental Insurance Company Ltd. Vs. M/s. Narbheram Power and Steel Pvt. Ltd. [ALL SC 2018 MAY]

KEYWORDS:- Appointment of an arbitrator-  Binding nature of arbitration clause- DATE:- May 02, 2018- The parties are bound by the terms and conditions agreed under the policy and the arbitration clause contained in it. ACTS:- Section 11(6) of the Arbitration and Conciliation Act, 1996 SUPREME COURT OF INDIA Oriental Insurance Company Ltd. Vs. M/s. Narbheram Power and … Continue reading Oriental Insurance Company Ltd. Vs. M/s. Narbheram Power and Steel Pvt. Ltd. [ALL SC 2018 MAY]