Criminal

Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

KEYWORDS:- Bail Granted- DATE:- February 6, 2018- If an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider… Continue reading Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

CIVIL

Chhabildas Vs. State of Maharashtra & Ors.[SC 2018 FEBRUARY]

KEYWORDS:- Article 300-A- DATE:- February 6, 2018- The scheme of Sections 126 and 127 would leave nobody in doubt, for the reason that if a period of 10 years has  elapsed from the date of publication of the plan in question, and no steps for acquiring the land have been taken, then once a purchase notice is… Continue reading Chhabildas Vs. State of Maharashtra & Ors.[SC 2018 FEBRUARY]

CIVIL

Union of India & ANR. Vs. Pushpavathi & Ors. Etc[SC 2018 FEBRUARY]

KEYWORDS:- Land acquisition-INTEREST- SCOPE OF WRIT – DATE:- February 06, 2018 The dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition. In other words, reference under Section 18 or Section 28A(3) cannot be considered to be an alternative… Continue reading Union of India & ANR. Vs. Pushpavathi & Ors. Etc[SC 2018 FEBRUARY]

CIVIL

Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors.[SC 2018 FEBRUARY]

KEYWORDS:- ELECTION -STATE BAR COUNCILS DATE:- February 5, 2018 SUPREME COURT OF INDIA Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors. [Transferred Case (Civil) No. 126 of 2015] O R D E R R.K. Agrawal, J. 1. A bunch of Interlocutory Applications for clarification/impleadment/direction/intervention/ appropriate orders/modification, in the lead matter, has been filed… Continue reading Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors.[SC 2018 FEBRUARY]

CIVIL

Commissioner of Customs Central Excise and Service Tax, Guntur Vs. M/s. The Andhra Sugars Ltd.[SC 2018 FEBRUARY]

KEYWORDS:- Cenvat Credit-service tax- input service- DATE:- February 05, 2018- For a manufacturer /consignor, the eligibility to avail credit of the service tax paid on the transportation during removal of excisable goods would depend upon the place of removal as per the definition. In case of a factory gate sale, sale from a non-duty paid warehouse, or… Continue reading Commissioner of Customs Central Excise and Service Tax, Guntur Vs. M/s. The Andhra Sugars Ltd.[SC 2018 FEBRUARY]

CIVIL

Arun Maan & Ors. Vs. State of Uttar Pradesh & Ors.[SC 2018 FEBRUARY]

NON-REPORTABLE JUDGMENT DATE:- February 02, 2018. ACTS:- WRIT SUPREME COURT OF INDIA Arun Maan & Ors. Vs. State of Uttar Pradesh & Ors. [Civil Appeal No.1494/2018 arising from SLP (C) No.2388/2018] KURIAN, J. 1. Leave granted. 2. In the nature of order we propose to pass, it is not necessary to issue notice to the respondents,… Continue reading Arun Maan & Ors. Vs. State of Uttar Pradesh & Ors.[SC 2018 FEBRUARY]

CIVIL

Bengal Chemists & Druggists Association Vs. Kalyan Chowdhury[SC 2018 February]

KEYWORDS-LIMITATION- BUT NOT THEREAFTER- DATE:-February 02, 2018- The language of the proviso to Section 421(3) which contains mandatory or peremptory negative language and speaks of a second period not exceeding 45 days, which would have the same effect as the expression “but not thereafter” used in Section 34(3) proviso of the Arbitration Act, 1996. ACTS:- Section… Continue reading Bengal Chemists & Druggists Association Vs. Kalyan Chowdhury[SC 2018 February]

CIVIL, Motor Accident Claim

Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

KEYWORDS:- Motor Accident Claims-execution proceedings-FUTURE PROSPECT- DATE:- February 02, 2018- The deceased was self-employed. In such a case, future prospects cannot be denied. ACTS:- MOTOR VEHICLES ACT SUPREME COURT OF INDIA Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors [Civil Appeal No 000767 of 2018 arising out of SLP (C) No. 23086 of 2016] Dr.… Continue reading Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

LAND

Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

KEYWORDS:- WRIT APPEAL- LAND RECORD-MUTATION DATE:-February 02, 2018 “Supervisor Qanoongo could not have made entries in favour of the appellants without giving public notice and without giving notice to the legal heirs of Teja Singh. The dispute is as to which of the parties is in possession of the land. The High Court erred in… Continue reading Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

CIVIL

The Animal Welfare Board of India & Ors. Vs. Union of India & Ors.[SC 2018 FEBRUARY]

KEYWORDS:- MATTER REFERRED TO THE CONSTITUTIONAL BENCH- pith and substance- DATE:- February 2, 2018 ACT:- The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 The Animal Welfare Board of India & Ors. Vs. Union of India & Ors. [Writ Petition (Civil) No. 23 of 2016] R.F. NARIMAN, J. 1. The present batch of writ petitions was… Continue reading The Animal Welfare Board of India & Ors. Vs. Union of India & Ors.[SC 2018 FEBRUARY]

Criminal

Union of India Vs. Leen Martin & ANR.[SC 2018 February]

KEYWORDS:- NDPS-statement of official witness-ACQUITTAL – DATE :- February 01, 2018 When the statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and pass conviction order against the accused. ACTS:-  Under sections 8(c), punishable under Section 20(b)(ii) (c) and under Section 28 read with Section 23… Continue reading Union of India Vs. Leen Martin & ANR.[SC 2018 February]

CIVIL

Danamma @ Suman Surpur & ANR. Vs. Amar & Ors [SC 2018 February]

KEYWORDS:- suit for partition and a separate possession- DATE: -February 1, 2018- “we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9-9-2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20-12-2004 as per law applicable prior to… Continue reading Danamma @ Suman Surpur & ANR. Vs. Amar & Ors [SC 2018 February]

CIVIL

Surinder Vs. Nand Lal [SC 2018 February]

KEYWORDS:- EVICTION SUIT- DATE:- February 01, 2018- The appeal failed due to Grounds of appeal filed before the Appellate Authority or the copy of the revision petition has not been placed on record. Moreover, judgments of the Appellate Authority as well as the High Court do not reflect that such a contention was raised before the said… Continue reading Surinder Vs. Nand Lal [SC 2018 February]

Excise

Commissioner of Central Excise Service Tax Vs. Ultra Tech Cement Ltd.[SC 2018 FEBRUARY]

KEYWORDS:- Excisable goods DATE:- FEBRUARY 01, 2018- A manufacturer /consignor, the eligibility to avail credit of the service tax paid on the transportation during removal of excisable goods would depend upon the place of removal as per the definition. In case of a factory gate sale, sale from a non-duty paid warehouse, or from a duty… Continue reading Commissioner of Central Excise Service Tax Vs. Ultra Tech Cement Ltd.[SC 2018 FEBRUARY]

CIVIL

M/s. Neerja Realtors Pvt. Ltd Vs. Janglu (D) through LR.[SC 2018 JANUARY]

KEYWORDS:-specific performance is an agreement-summons – DATE:- January 29, 2018- It is for the Court to determine whether the service is good or bad. In determining whether the service is good or not, the attention of Courts is drawn to the necessity of strictly following the provisions of the Civil Procedure Code as to the service… Continue reading M/s. Neerja Realtors Pvt. Ltd Vs. Janglu (D) through LR.[SC 2018 JANUARY]

CIVIL

Surender Singh Vs. State of Haryana & Ors.[SC 2018 JANUARY]

KEYWORDS:- LAND ACQUISITION- MARKET VALUE DATE:- January 25, 2018- The fair market value of the acquired land cannot be decided in isolation on the basis of only one factor. There are several other factors, which govern the determination of the rate. These factors need to be proved with sufficient evidence. It must appear that the Courts… Continue reading Surender Singh Vs. State of Haryana & Ors.[SC 2018 JANUARY]

Rent Control

Flora Elias Nahoum & Ors. Vs. Idrish Ali Laskar [SC 2018 JANUARY]

KEYWORDS:- RENT CONTROL-eviction suit- subletting- DATE :-January 25, 2018- If one ground of eviction is held made out against the tenant, that ground is sufficient to evict the tenant from the suit premises. The sin qua non for proving the case of the sub-letting is that the tenant has either whole or in part transferred… Continue reading Flora Elias Nahoum & Ors. Vs. Idrish Ali Laskar [SC 2018 JANUARY]

CIVIL

Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors.[SC 2018 JANUARY]RC

KEYWORDS:- RENT CONTROL- Suit for ejectment- DATE :-January 25, 2018- In a tenancy suit, only two persons are necessary parties for the decision of the suit, namely, the landlord and the tenant. the question of title to the suit premises is not germane for the decision of the eviction suit. ACTS: Order Rule 10(2) of the… Continue reading Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors.[SC 2018 JANUARY]RC

Criminal

Mst. Anusuiya @ Saraswatibai & ANR. Vs. State of Madhya Pradesh[SC 2018 JANUARY]

KEYWORDS :- DOWRY DEATH- DATE:- when an unnatural death of the married woman takes place within seven years of  her marriage then a presumption, as envisaged in Section 113-A of the Evidence Act,1972 against the husband and his relatives is made out. There is no appeal filed by the State for enhancement of the period… Continue reading Mst. Anusuiya @ Saraswatibai & ANR. Vs. State of Madhya Pradesh[SC 2018 JANUARY]

CIVIL

Karnataka Live Band Restaurants Association Vs. State of Karnataka & Ors.[SC 2018 JANUARY]

KEYWORDS:-State has a right to regulate running of any business by putting reasonable restrictions- DATE:- January 25, 2018- There are two Latin legal maxims, which need to be kept in mind while deciding the questions arising in this appeal. One is “Salus Populi Supremo Lex” which means the safety of the people is the supreme… Continue reading Karnataka Live Band Restaurants Association Vs. State of Karnataka & Ors.[SC 2018 JANUARY]