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KEYWORDS:-partition and separate possession-SUBSTANTIAL QUESTION OF LAW-EXHIBIT- DATE:- It is a settled principle of law that interpretation of any document including its contents or its admissibility in evidence or its effect on the rights of the parties to the Lis constitutes a substantial question(s) of law within the meaning of Section 100 of the Code.… Continue reading Uma Pandey & ANR. Vs. Munna Pandey & Ors.[ALL SC 2018 APRIL]
KEYWORDS:- LAND ALLOTMENT DATE:- APRIL 09, 2018. ACTS:- Mumbai Metropolitan Region Development Authority Act, 1974 & Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations SUPREME COURT OF INDIA S.V. Asgaonkar & Ors. Vs. The Mumbai Metropolitan Region Development Authority & Ors. [Civil Appeal No. 3488 of 2018 arising out of SLP (C) No.26056 of 2012] ASHOK BHUSHAN,… Continue reading S.V. Asgaonkar & Ors. Vs. The Mumbai Metropolitan Region Development Authority & Ors.[ALL SC 2018 APRIL]
KEYWORDS:- Divorce- pendente lite- DATE:- April 09, 2018 ACTS:- Section 13 AND 24 of the Hindu Marriage Act, 1955 Consequent upon passing of the maintenance order dated 15.07.2016 under Section 24 of the Act by the Family Court, the order passed by the Family Court, Samastipur under Section 125 of Cr.P.C. stands superseded and now no longer… Continue reading Sanjay Kumar Sinha Vs. Asha Kumari & ANR.[ALL SC 2018 APRIL]
KEYWORDS:- Quashing FIR DATE:- APRIL 09, 2018- High Court has prematurely quashed the FIR without proper investigation being conducted by the Police. Further, it is no more res integra that Section 482 of CrPC has to be utilized cautiously while quashing the FIR. This court in a catena of cases has quashed FIR only after it… Continue reading Munshiram Vs. State of Rajasthan and ANR. etc[ALL SC 2018 APRIL]
KEYWORDS:- MURDER- CONVICTION DATE:- April 9, 2018. ACTS:- Section 302 read with Section 149 and Section 201 of the Indian Penal Code and section 3 of The Railway Protection (Unlawful Possession) Act, 1966 SUPREME COURT OF INDIA Kameshwar Singh Vs. State of Bihar & Ors [Criminal Appeal No. 903 of 2012] Tarkeshwar Singh and Others Vs. State… Continue reading Kameshwar Singh Vs. State of Bihar & Ors[ALLSC 2018 APRIL]
KEYWORDS:- Panchayat Elections- Election Violetion- DATE:- April 09, 2018. Once the election process has been set in motion, the Court ought not to interfere ACT:-Article 32 of the Constitution of India AND West Bengal Panchayat Elections Act, 2003 SUPREME COURT OF INDIA Bharatiya Janata Party West Bengal Vs. State of West Bengal & Ors. [Writ Petition (C)… Continue reading Bharatiya Janata Party West Bengal Vs. State of West Bengal & Ors.[ALL SC 2018 APRIL]
KEYWORDS:- Motor Accident Claim -Distinction between no-fault liability strict liability- DATE:- April 06, 2018 ACT:- Section 166 of Motor Vehicles Act Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors. [Civil Appeal Nos.24992500 of 2018 arising out of SLP (Civil) Nos.2814142 of 2017] A.M. Khanwilkar, J. 1. In the present appeals, the appellant/claimant has challenged… Continue reading Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]
KEYWORDS:- DELAY DATE:- The power and jurisdiction of the High Court vested under Sections 226 and 227 is for the purpose of securing ends of justice. ACTS:- Section 9 of the Rajasthan Rent Control Act, 2001 SUPREME COURT OF INDIA Nonihal Singh Vs. Maya Devi [Civil Appeal Nos.36873688 of 2018 arising out of SLP (C)… Continue reading Nonihal Singh Vs. Maya Devi [ALL SC 2018 APRIL]
KEYWORDS:-Acquittal – DATE:- March 12, 2018 The High Court should give due regard to the findings and the conclusions reached by the trial court unless strong and compelling reasons exist in the evidence itself which can dislodge the findings itself. motive becomes irrelevant in the presence of direct evidences The trial court noted that the victims… Continue reading Bannareddy & Ors. Vs. State of Karnataka & Ors.[ALL SC 2018 MARCH]
KEYWORDS:-MURDER-ACQUITTAL DATE:- March 12, 2018. It is settled law that there cannot be any hard and fast rule that the evidence of interested witness cannot be taken into consideration and they cannot be termed as witnesses. But, the only burden that would be cast upon the Courts in those cases is that the Courts have to… Continue reading Sudhakar @ Sudharasan Vs. State represented by The Inspector of Police, Srirangam Police Station, Trichy, Tamil Nadu[ALL SC 2018 MARCH]
KEYWORDS:-termination of the contract-Penalty- DATE:-April 05, 2018 SUPREME COURT OF INDIA M.P. Power Management Company Ltd. Vs. Renew Clean Energy Pvt. Ltd. & ANR. [Civil Appeal No. 3600 of 2018 arising out of SLP(C) No.23848 of 2017] R. BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of the judgment passed by the High… Continue reading M.P. Power Management Company Ltd. Vs. Renew Clean Energy Pvt. Ltd. & ANR.[ALL SC 2018 APRIL]
KEYWORDS:-possession of land under intermediary- DATE:- April 05, 2018 ACT:-Section 44(2a) of West Bengal Estate Acquisition Act, 1953 SUPREME COURT OF INDIA Ashim Ranjan Das (D) by LRS. Vs. Shibu Bodhak & Ors. [Civil Appeal No.3932 of 2009] SANJAY KISHAN KAUL, J. 1. One Krishna Pada Supai (for short ‘KPS’) was holder and in possession of… Continue reading Ashim Ranjan Das (D) by LRS. Vs. Shibu Bodhak & Ors.[ALL SC 2018 APRIL]
KEYWORDS:- CALCULATION OF COMPENSATION -RATE OF INTEREST – DATE:- SUPREME COURT OF INDIA Bhartiben Nayabha Ker and Ors Vs. Sidabha Pethabha Manke and Ors [Civil Appeal No 2697 of 2018 arising out of SLP(C) No 2927 of 2017] Dr D Y CHANDRACHUD, J 1. The present appeal arises from a judgment of a learned Single… Continue reading Bhartiben Nayabha Ker and Ors Vs. Sidabha Pethabha Manke and Ors[ALL SC 2018 APRIL]
KEYWORDS:-multiple dealerships or outlets for petroleum products- DATE:-April 05, 2018 ACTS:-Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 and the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 SUPREME COURT OF INDIA Seema Upadhyay Vs. Union of India through The Secretary, Ministry of Petroleum… Continue reading Seema Upadhyay Vs. Union of India through The Secretary, Ministry of Petroleum and Natural Gas and Ors.[ALL SC 2018 APRIL]
KEYWORDS:-similarly situated candidates- admission to Post-Graduate Medical and Dental Courses DATE:-April 4, 2018 SUPREME COURT OF INDIA Dr. Kriti Lakhina and Others Vs. State of Karnataka and Others [Writ Petition (Civil) No.204 of 2018] Uday Umesh Lalit, J. 1. This petition under Article 32 of the Constitution of India has been filed by 44 Doctors… Continue reading Dr. Kriti Lakhina and Others Vs. State of Karnataka and Others[ALL SC 2018 APRIL]
KEYWORDS:- Doctrine of mutuality- nonoccupancy charges- DATE:- March 12, 2018 The doctrine of mutuality, based on common law principles, is premised on the theory that a person cannot make a profit from himself. An amount received from oneself, therefore, cannot be regarded as income and taxable. Section 2(24) of the Income Tax Act defines taxable income.… Continue reading Income Tax Officer, Mumbai Vs. Venkatesh Premises Cooperative Society Ltd.[ALL SC 2018 MARCH]
KEYWORDS:- retrospective promotion- DATE:-March 12, 2018. Belated retrospective promotion denied SUPREME COURT OF INDIA Union of India and Others Vs. Chaman Rana [Civil Appeal No(S). 2764 of 2018 arising out of SLP (C) No.1123 of 2018] Union of India and Others Vs. Gulshan Kumar Sharma [Civil Appeal No(S).2763 of 2018 arising out of SLP (C) No.1118… Continue reading Union of India and Others Vs. Chaman Rana[ ALL SC 2018 MARCH]
KEYWORDS:- DATE:-March 12, 2018 SUPREME COURT OF INDIA Rameshwar & Others Vs. State of Haryana & Others [Civil Appeal No.8788 of 2015] [Civil Appeal No.8794 of 2015] [Civil Appeal No.8791 of 2015] [Civil Appeal No.8782 of 2015] Uday Umesh Lalit, J. 1. These appeals by special leave are directed against the common Judgment and Order… Continue reading Rameshwar & Others Vs. State of Haryana & Others[ALL SC 2018 MARCH]
KEYWORDS:- DISTINCTION BETWEEN APPEAL AND REVIEW- DATE:- March 12, 2018 The scope of the appellate powers and the review powers are well defined. The power of review under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is very limited and it may be exercised only if there is a mistake or an error… Continue reading Sivakami & Ors. Vs. State of Tamil Nadu & Ors.[ALL SC 2018 MARCH]
KEYWORDS:-right to die with dignity- DATE:-MARCH 09, 2018 An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices. A person of competent mental faculty is entitled to execute an advance medical directive in accordance with safeguards as referred to above SUPREME… Continue reading Common Cause (A Regd. Society) Vs. Union of India and Another[ALL SC 2018 MARCH]
