Pankajbhai Rameshbhai vs Jethabhai Kalabhai Zalavadiya[ALL SC 2017 OCTOBER]

KEYWORDS:- Impleadment of Party- Mentioning wrong provision- DATE:- 3 October, 2017 It is by now well settled that a mere wrong mention of the provision in the application would not prohibit a party to the litigation from getting justice there is no bar for filing the application under Order 1 Rule 10, even when the … Continue reading Pankajbhai Rameshbhai vs Jethabhai Kalabhai Zalavadiya[ALL SC 2017 OCTOBER]

Joseph Vs. State of Tamil Nadu [SC 2017 December]

KEYWORDS:- Murder-vicarious liability under Section 149 IPC- Acquitted- DATE:- December 14, 2017 Whether the members of the unlawful assembly really had the common object to cause the murder of the deceased has to be decided in the facts and circumstances of each case, nature of weapons used by such members, the manner and sequence of attack … Continue reading Joseph Vs. State of Tamil Nadu [SC 2017 December]

Madan Mohan Vs. State of Rajasthan & Ors.[SC 2017 December]

KEYWORDS:-  DE FACTO COMPLAINANT -SESSIONS JUDGE ALLOWED APPLICATION U/S 193 Cr.P.C DATE: December 14, 2017 The De-Facto complainant  filed an application under Section 193 of the Code in the Sessions Trial complaining therein that the names of respondent Nos.2 and 3 – Ashish Meena and Vimal Meena though figured prominently in all the material documents filed … Continue reading Madan Mohan Vs. State of Rajasthan & Ors.[SC 2017 December]

Dr. Sabu Mathew George Vs. Union of India and Others[SC 2017 December]

KEYWORDS: PIL-SEX SELECTION- Exposer to internet- DATE : December 13, 2017- Many are guided by inappropriate exposure to the internet. The respondents have a role to control it and if any concrete suggestion is given by the petitioner, the same shall be incorporated. We command Google India, Yahoo ! India and Microsoft Corporation (I) Pvt. … Continue reading Dr. Sabu Mathew George Vs. Union of India and Others[SC 2017 December]

Manish Kathuria and Others Etc. Vs. State of Punjab and Others Etc[SC 2017 DECEMBER]

KEYWORDS:-  Article 142 OF CONSTITUTION- COMPLETE JUSTICE-principle of horizontal reservation- DATE:- DECEMBER 13, 2017- We also make it clear that this judgment is rendered in the peculiar facts of this case and it should not be quoted as a precedent. SUPREME COURT OF INDIA Manish Kathuria and Others Etc. Vs. State of Punjab and Others Etc. … Continue reading Manish Kathuria and Others Etc. Vs. State of Punjab and Others Etc[SC 2017 DECEMBER]

S. Esabella Vs. C. Thankarajan [SC 2017 DECEMBER]

KEYWORDS:- PARTITION CASE-impracticability of partitioning- DATE:-DECEMBER 12, 2017 Appellant, having not challenged the preliminary decree, may challenge the final decree in Partition case  SUPREME COURT OF INDIA S. Esabella Vs. C. Thankarajan [Civil Appeal No(S). 21804-21805/2017 arising from SLP (C) Nos.7476-7477 of 2015] KURIAN, J. 1. Leave granted. 2. The appellant has approached this Court … Continue reading S. Esabella Vs. C. Thankarajan [SC 2017 DECEMBER]

Malik Industry & ANR. Vs. State of Haryana & Ors.[SC 2017 DECEMBER]

KEYWORDS:- ACQUISITION OF LAND- DATE:-DECEMBER 12, 2017- The land acquisition proceedings initiated against the appellants stand lapsed. However, the respondents are given the opportunity to initiate proceedings afresh under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of six months from today. ACT:-Section 24(2) of … Continue reading Malik Industry & ANR. Vs. State of Haryana & Ors.[SC 2017 DECEMBER]

Sudama Singh & Ors. Etc. Vs. Deepak Mohan Spolia & Ors. Etc[SC 2017 DECEMBER]

KEYWORDS:Contempt of Courts Act- DATE:-DECEMBER 12, 2017- “The High Court went wrong in referring only to paragraph 62 of the judgment and not to the other relevant considerations leading to the decision which are contained in the judgment itself, which we have extracted above. The whole purpose of paragraph 62 of the judgment is to … Continue reading Sudama Singh & Ors. Etc. Vs. Deepak Mohan Spolia & Ors. Etc[SC 2017 DECEMBER]

Federation of Hotel and Restaurant Associations of India Vs. Union of India and Ors.[SC 2017 DECEMBER]

KEYWORDS:-HOTEL- DATE:-December 12, 2017- Neither the Standards of Weights and Measures Act, 1976 read with the enactment of 1985, or the Legal Metrology Act, 2009, would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP. ACTS :-Weights and Measures Act, 1976 read with … Continue reading Federation of Hotel and Restaurant Associations of India Vs. Union of India and Ors.[SC 2017 DECEMBER]

Bharatsing S/o. Gulabsingh Jakhad & Ors. Vs. State of Maharashtra & Ors.[SC 2017 December]

KEYWORDS:-LAND ACQUISITION- Compensation- DATE:- DECEMBER 12, 2017- As soon as the award of the civil court is carried in appeal, it becomes obligatory for the Collector to keep the application/applications for redetermination of compensation filed within limitation pending, awaiting decision by the appellate forum and to redetermine the compensation on the basis of the final judgment … Continue reading Bharatsing S/o. Gulabsingh Jakhad & Ors. Vs. State of Maharashtra & Ors.[SC 2017 December]

Mr. Ranvir Dewan Vs. Mrs. Rashmi Khanna & ANR.[SC 2017 December]

KEYWORDS:- Suit -life interest- will-succession-Mitakshara Law- DATE : December 12, 2017- When a Hindu male could testamentarily dispose of his property. When he does that, a succession under the Act stands excluded and the property passes to the testamentary heirs. Hence, when a male Hindu executes a will bequeathing the properties, the legatees take it … Continue reading Mr. Ranvir Dewan Vs. Mrs. Rashmi Khanna & ANR.[SC 2017 December]

Pradeep Bachhar Vs. State of Chhattisgarh [SC 2017 December]

KEYWORDS:- Quantum of sentence-Poverty Considering the circumstances placed before us on behalf of the appellant-accused viz. they are very poor and have to maintain their family, it was their first offence and if they fail to pay the amount of fine as per the order of the Additional Sessions Judge, they have to remain in … Continue reading Pradeep Bachhar Vs. State of Chhattisgarh [SC 2017 December]

The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. Etc. Vs. A.M. Sankey John and ANR. Etc[SC 2017 DECEMBER]

KEYWORDS:-violation of the principles of natural justice- DATE: December 11, 2017- SUPREME COURT OF INDIA The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. Etc. Vs. A.M. Sankey John and ANR. Etc. [Civil Appeal Nos. 10506-10510 of 2011] KURIAN, J. 1. The appellants are before this Court, aggrieved by the Judgment and order dated 26.03.2010 … Continue reading The Correspondent, Schaffter Higher Secondary School, Tirunelveli and Ors. Etc. Vs. A.M. Sankey John and ANR. Etc[SC 2017 DECEMBER]

Kaushal Kishore Awasthi Vs. Balwant Singh Thakur & ANR [SC 2017 December]

KEYWORDS:-Professional misconduct-Advocate- Bar Council of India (BCI) It is very clear from the provisions of Section 35 that punishment can be awarded to an Advocate if he is found guilty of professional or other misconduct. Rule 22 is the relevant Rule in the instant case which proscribes an Advocate from directly or indirectly making a … Continue reading Kaushal Kishore Awasthi Vs. Balwant Singh Thakur & ANR [SC 2017 December]

Mohinder Kumar Mehra Vs. Roop Rani Mehra & Ors.[SC 2017 December ]

KEYWORDS:- amendment application DATE:- DECEMBER 11, 2017- In a suit when trial commences? Order XVIII of the C.P.C. deal with “Hearing of the Suit and Examination of Witnesses”. Issues are framed under Order XIV. At the first hearing of the suit, the Court after reading the plaint and written statement and after examination under Rule 1 of Order … Continue reading Mohinder Kumar Mehra Vs. Roop Rani Mehra & Ors.[SC 2017 December ]

Trilok Singh Chauhan Vs. Ram Lal (D) through LRS. & Ors[SC 2017 December]

KEYWORDS:- tenant -recovery of rent – damages- DATE:-December 11, 2017- The landlord was clearly insisting on termination of the tenancy and was also mentioning a cause of action of not handing over of the possession. In these circumstances, we are of the view that it cannot be held that there was any waiver of relief of … Continue reading Trilok Singh Chauhan Vs. Ram Lal (D) through LRS. & Ors[SC 2017 December]

Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]

KEYWORDS:-Anticipatory bail- interim bail granted-murder of a seven years old student- DATE :-DECEMBER 11, 2017- Acts:-  Offences punishable under Sections 302 read with Section 34 IPC, Section 25 of the Arms Act, Section 75 of the JJ Act and Section 12 of POCSO, Act, 2012  And Section 438(2)(i) to (iv) Cr.P.C. Thus, as on date, the CBI … Continue reading Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]

Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors [SC 2017 DECEMBER]

KEYWORDS:- Education Services Selection Board – Trained Graduate Teachers – Evaluation of answer sheet- December 11, 2017 DIRECTION ISSUED ON EVALUATION OF ANSWER SHEET A judge might have a difference of opinion with another judge, but that does not give him or her any right to ignore the contrary view. In the event of a difference of … Continue reading Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors [SC 2017 DECEMBER]

Union of India and Ors. Vs. Balbir Singh Turn & ANR [SC 2017 December]

KEYWORDS:- Central Pay Commission- December 08, 2017- SUPREME COURT OF INDIA Union of India and Ors. Vs. Balbir Singh Turn & ANR. [Civil Appeal Diary No. 3744 of 2016] [Civil Appeal Diary No. 5183 of 2017] [Civil Appeal Diary No. 5184 of 2017] [Civil Appeal Diary No. 6249 of 2017] [Civil Appeal Diary No. 7888 of 2017] [Civil Appeal Diary No. … Continue reading Union of India and Ors. Vs. Balbir Singh Turn & ANR [SC 2017 December]

Aftaruddin (D) represented through LRS. Vs. Ramkrishna Datta @ Babul Datta & Ors. [SC 2017 December]

KEYWORDS:- RAIYAT-  DATE: December 08, 2017- A “raiyat” has been defined in Section 2(s) of the TLR & LR Act to mean a person who owns land for purposes of agriculture, paying land revenue to the Government; and “under-raiyat” under Section 2(v) means a person who cultivates or holds the land of raiyat under an … Continue reading Aftaruddin (D) represented through LRS. Vs. Ramkrishna Datta @ Babul Datta & Ors. [SC 2017 December]

Union of India Vs. M/s. Susaka Pvt. Ltd. & Ors.[ SC 2017 DECEMBER]

KEYWORDS:-  Jurisdiction of the Arbitral Tribunal- December 08, 2017- It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The reason being that the parties having chosen their own Arbitrator and given him an authority to decide the specific disputes arising between them … Continue reading Union of India Vs. M/s. Susaka Pvt. Ltd. & Ors.[ SC 2017 DECEMBER]

Vijay Kumar & Another Vs. Bal Krishan & Others [SC 2017 December]

KEYWORDS:-Partition and declaration of share-Bhumidari Right- It was observed that in absence of any material with regard to the respective shares, and more particularly in view of the pleadings in the joint plaint followed by a declaration of co-bhumidars, the order called for no interference. DATED :- December 08, 2017 ACTS:-  Section 229(B) of the … Continue reading Vijay Kumar & Another Vs. Bal Krishan & Others [SC 2017 December]

Manjeet Singh Vs. National Insurance Company Ltd. & ANR. [SC 2017 DECEMBER

KEYWORDS:- Insurance- Fault-Nullity of Policy- The appellant who is the owner, was not at fault. His driver gave a lift to some passengers. Carrying such passengers may be a breach of the policy, but it cannot be said to be such a fundamental breach as to bring the insurance policy to an end and to … Continue reading Manjeet Singh Vs. National Insurance Company Ltd. & ANR. [SC 2017 DECEMBER