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]→
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]→
KEYWORDS:- Condonation of Inordinate Delay- DATE:- MAY 07, 2018 ACTS:- Order VIII Rule 1 of the Code of Civil Procedure, 1908 HELD:- “We fail to persuade ourselves with this kind of reasoning given by the High Court in condoning the delay, thereby disregarding the provisions of Order VIII Rule 1 of the Code of Civil Procedure, … Continue reading Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & 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]→
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]→
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]→
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]→
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]→
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]→
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]→
KEYWORDS:- MURDER- CIRCUMSTANTIAL EVIDENCE- DATE:- May 02, 2018 A theory of “accused last seen in the company of the deceased” is a strong circumstance against the accused while appreciating the circumstantial evidence. In such cases, unless the accused is able to explain properly the material circumstances appearing against him, he can be held guilty for commission … Continue reading Murugan Vs. State of Tamil Nadu[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]→
KEYWORDS:-MURDER-DISTINCTION BETWEEN MURDER AND CULPABLE HOMICIDE EXPLAINED DATE:-May 2, 2018 Section 300 of the IPC explains what is murder and it provides that culpable homicide is murder if the act by which the death is caused is done with the intention of causing death or the act complained of is so imminently dangerous that it … Continue reading Tularam Vs. State of Madhya Pradesh[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]→
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]→
KEYWORDS:- Meaning of ‘clerical error’ DATE:-May 1, 2018 ACTS:-Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue Act SUPREME COURT OF INDIA Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors. [Civil Appeal Nos. 4632-4638 of 2018 arising out of S.L.P. (C) Nos. 21856-21862 of 2010] Madan B. Lokur, J. Leave granted. … Continue reading Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors[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]→
KEYWORDS:-Modification of a Disposed Order- Speedy Investigation- DATE:-May 01, 2018. TIME BOUND INVESTIGATION: –No investigating agency can take unduly long time in completing investigation. Speedy investigation is recognized as a part of fundamental right of fair procedure under Article 21 of the Constitution. “Since accused has been in custody for more than two years and … Continue reading Dilawar Vs. State of Haryana & ANR[ALL SC 2018 MAY]→
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