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]

Kushalbhai Ratanbhai Rohit & Ors vs State Of Gujarat [SC 2014 MAY]

KEYWORDS:- REVIEW  RECALL MODIFY OF ORDER   JUDGMENT It is evident that a Judge’s responsibility is very heavy, particularly, in a case where a man’s life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture. Therefore, one cannot assume, that the Judge would not have changed his mind before … Continue reading Kushalbhai Ratanbhai Rohit & Ors vs State Of Gujarat [SC 2014 MAY]

Anvar P.V vs P.K.Basheer & Ors on 18 September[SC 2014]

KEYWORDS:-admission of electronic records Genuineness, veracity or reliability of the evidence is seen by the court only after the stage of relevancy and admissibility. in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary … Continue reading Anvar P.V vs P.K.Basheer & Ors on 18 September[SC 2014]

Shatrughan Chauhan & Anr vs Union Of India & Ors[ALL SC 2014 JANUARY]

Keywords–Supervening circumstance-Right to Life-Direction-Death row convict⇒ DATE: 21-01-2014- power under Article 72/161 is per se above judicial review but the manner of exercise of power is certainly subject to judicial review. Directions in respect of procedure to be followed while considering the mercy petitions, and in general for protection of rights of the death row convicts … Continue reading Shatrughan Chauhan & Anr vs Union Of India & Ors[ALL SC 2014 JANUARY]

CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

KEYWORDS:- RES JUDICATA AIR 1996 SC 987 : (1996) 1 SCR 322 : (1996) 2 SCC 520 : JT 1996 (1) SC 277 : (1996) 1 SCALE 253(2) (SUPREME COURT OF INDIA) CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council Respondent (Before: S. C. Agrawal And B. P. Jeevan Reddy, JJ.) Civil … Continue reading CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

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]

Descriptive questions on Indian Penal Code [ Beginner level]

1. What are the mitigating factors? Discuss the factors responsible for variations in criminal liability. 2.“The intent and the act must both concur to constitute a crime”. Explain this statement with reference. 3. Write a note on “wrongful gain and wrongful loss”. What is Undue enrichment?  4. What is private defence ? When does the … Continue reading Descriptive questions on Indian Penal Code [ Beginner level]

Govindaswamy v. State of Kerala [ ALL SC 2016 SEPTEMBER]

KEYWORDS:-RAPE AND MURDER-INTENTION-VICTIM NOT DIED INSTANTLY DATE: September 15, 2016 To hold that the accused is liable under Section 302 IPC what is required is an intention to cause death or knowledge that the act of the accused is likely to cause death. The intention of the accused in keeping the deceased in a supine position, … Continue reading Govindaswamy v. State of Kerala [ ALL SC 2016 SEPTEMBER]

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]

Rojer Mathew Vs. South Indian Bank Ltd. and Ors.[ALL SC 2018 MAY]

KEYWORDS:-Tribunal- [HEARING OF THIS CASE SHAL BE CONTINUED- EDITOR] DATE:- MAY 07, 2018 Recommended setting up of all India Tribunal service Administration of the Tribunals. “We broadly approve the concept of having an effective and autonomous oversight body for all the Tribunals with such exceptions as may be inevitable. Such body should be responsible for recruitments and … Continue reading Rojer Mathew Vs. South Indian Bank Ltd. and Ors.[ALL SC 2018 MAY]

Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere

Supreme Court in the case of Allahabad Bank & Ors. v. Krishna Narayan Tewari [Civil Appeal No.7600 of 2014], it was held that the though “it is true that a writ court is very slow in interfering with the findings of facts recorded by a Departmental Authority on the basis of evidence available on record”, … Continue reading Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere

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]

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]

Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

Keywords:- Reservation for admission- The Constitution 93rd Amendment Act, 2005, is valid and does not violate the “basic structure” of the Constitution so far as it relates to the State maintained institutions and aided educational institutions. AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 : (2008) 6 SCC … Continue reading Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. & Ors. Etc.[ALL SC 2018 MAY]

KEYWORDS:-SUIT- RIGHTS ON THE LAND-EXTINCTION OF OWNERSHIP RIGHT- DATE:- May 03, 2018 A right in the property once extinguished by operation of law, it cannot be revived unless the law itself provides for its revival in a particular situation. SUPREME COURT OF INDIA M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. … Continue reading M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. & Ors. Etc.[ALL SC 2018 MAY]

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]

Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]

KEYWORDS:- Arbitration Agreement- DATE:- May 2, 2018 The validity of an arbitration agreement does not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 which is a part of machinery provision for the working of the arbitration agreement. It is, therefore, clear that an arbitration agreement specifying … Continue reading Purushottam S/o. Tulsiram Badwaik Vs. Anil & 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]

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]

Commissioner of Income Tax, Chennai Vs. S. Ajit Kumar[ALL SC 2018 MAY]

KEYWORDS:- Block Assessment-stand-alone survey- DATE:-MAY 2, 2018- For the purpose of calculating the undisclosed income of the block period, it can be calculated only on the basis of evidence found as a result of search or requisition of books of accounts or other documents and such other materials or information as are available with the Assessing … Continue reading Commissioner of Income Tax, Chennai Vs. S. Ajit Kumar[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]

Chandra Bhawan Singh Vs. State of Uttar Pradesh[ALL SC 2018 MAY]

KEYWORDS:- DOWRY DEATH- MURDER-RE APPRECIATION OF EVIDENCE BY SUPREME COURT-Circumstantial evidence- DATE:-May 01, 2018 THE ACCUSED MUST EXPLAIN THE CIRCUMSTANCES U/S 313  “When the incident admittedly occurred in their house” It is a settled principle of law that when the Courts below have recorded concurrent findings against the accused persons which are based on due … Continue reading Chandra Bhawan Singh Vs. State of Uttar Pradesh[ALL SC 2018 MAY]