Tag: Supreme Court Judgments

ADVOCATE

Whether appointment of an advocate as a Government Counsel is an appointment in Government service

The ‘appointment of any legal practitioner as a District Government Counsel is only professional engagement,’ it is difficult to appreciate the submission for which sustenance is sought from the provisions contained in the same Manual. The appointment being for a fixed term and requiring express renewal in the manner provided in the Manual, there is no basis to contend that it is not a professional engagement of a legal practitioner but appointment to post in Government service which continues till attaining the age of superannuation. Continue reading “Whether appointment of an advocate as a Government Counsel is an appointment in Government service”

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CIVIL

Rithwik Energy Generation Pvt. Ltd. Vs. Bangalore Electricity Supply Company Ltd. & Ors. Etc.[SC 2018 FEBRUARY]

KEYWORDS:- Power Purchase Agreement- NECESSARY ISSUE- DATE:-February 06, 2018- If the issue was “necessary” to be decided for adjudicating on the principal issue, and was decided, it would be treated as directly and substantially in issue as the judgment was, in fact, based upon such a decision. The other principle is that the issue must be decided on the facts of each case, the material test … Continue reading Rithwik Energy Generation Pvt. Ltd. Vs. Bangalore Electricity Supply Company Ltd. & Ors. Etc.[SC 2018 FEBRUARY]

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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. D.Y. CHANDRACHUD, J 1. The present appeal arises from the … Continue reading Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

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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 directing that the names of both the parties should be … Continue reading Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

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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 of The Narcotic Drugs and Psychotropic Substances Act, 1985 SUPREME … Continue reading Union of India Vs. Leen Martin & ANR.[SC 2018 February]

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Criminal

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 made by those members on the deceased and the circumstances … Continue reading Joseph Vs. State of Tamil Nadu [SC 2017 December]

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PIL, Writ

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. Ltd. to cooperate and give their point of view for the purpose of a satisfactory solution instead of taking a contesting stand before the Expert Committee.

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

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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 the said date will remain unaffected. Any transaction of partition … Continue reading Danamma @ Suman Surpur & ANR. Vs. Amar & Ors [SC 2018 February]

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PIL

Indian Young Lawyers Association & Ors. Vs. State of Kerala & Ors. [SC 2017 October]

[Sabarimala Temple Case]

DATE : October 13, 2017

The question as to whether a set of persons constitute a religious denomination is a mixed question of fact and law and should be decided by a competent civil court after examination of documentary and other evidence. In this regard, reliance has been placed on the authority in Dr. Subramanian Swamy v. State of Tamil Nadu and others. Various other aspects have also been highlighted but it is not necessary to note the same at present.  Continue reading “Indian Young Lawyers Association & Ors. Vs. State of Kerala & Ors. [SC 2017 October]”

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