SC 2012 JAN - FEB - MAR - APR

Sl No.
Title


1
DARSHAN LAL NAGPAL & ORS. Vs. GOVT.OF NCT OF DELHI & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement:3/1/2012
Subject: Land Acquisition Act, 1894 - s. 17(1), (4) and s. 5A (2) - Proposal for establishment of electric sub-station - Issuance of notification invoking s. 17 (1) and (4) and dispensing with the rule of hearing in s. 5 A(2) for the purpose of acquiring l

Head Notes: Allowing the appeal, the Court HELD: 1.1. Although in exercise of the power of eminent domain, the State can acquire the private property for public purpose, it must be remembered that compulsory acquisition of the property belonging to a privat
2
COAL MINES P.F.COMMR.TR.BOARD OF TRUSTEE Vs. RAMESH CHANDRA JHA

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR, J. CHELAMESWAR

Date of Judgement:4/1/2012
Subject: Code of Civil Procedure, 1908 - ss. 2(17) and 80 and Order XXVII Rule 5A - Appellant is the Coal Mines Provident Fund Commissioner through the Board of Trustees, constituted u/s.3 of the Coal Mines Provident Fund and Miscellaneous Provisions Act,

Head Notes: Dismissing the appeal, the Court HELD: The judgment and order of the High Court does not require any interference, particularly when the issue raised in this appeal has already been decided by this Court in Civil Appeal No.1932 of 1982, wherein
3
YUMMAN ONGBI LEMBI LEIMA Vs. STATE OF MANIPUR & ORS.

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR, J. CHELAMESWAR

Date of Judgement:4/1/2012
Subject: NATIONAL SECURITY ACT, 1980: s.3(4) - Order of detention - Held: An individual incident of an offence under the Indian Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention - In the inst

Head Notes: Allowing the appeal, the Court HELD: 1.1. The extra-ordinary powers of detaining an individual in contravention of the provisions of Article 22(2) of the Constitution was not warranted in the instant case, where the grounds of detention do not
4
RUSHIKESH TANAJI BHOITE Vs. STATE OF MAHARASHTRA & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement:4/1/2012
Subject: Preventive detention - Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - s.2(b-1) and s.3(1) - Detention order - Legality of - Challenged on ground of non-placing and non-con

Head Notes: Allowing the appeal, the Court HELD: 1.1. In pursuance of Section 8 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981, the detenu was supplied with the grounds for detenti
5
Y. NAGARAJ Vs. JALAJAKSHI & ORS.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement:5/1/2012
Subject: 0

Head Notes: 0
6
MOHD. AYUB & ANR. Vs. MUKESH CHAND

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:5/1/2012
Subject: Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: s.21 - Eviction application - Bonafide need - Case of landlord that he required suit premises for his unemployed sons for running business and for his married son

Head Notes: Disposing of the appeal, the Court HELD: 1.1. The respondent had not assailed the High Court's finding that the appellants' requirement was bona fide. However, the High Court erroneously held that greater comparative hardship would be caused to
7
MUNAGALA YADAMMA Vs. STATE OF A.P. & ORS.

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR

Date of Judgement:5/1/2012
Subject: Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 - ss. 3(1) read with s. 2A and B - Detention Order under, against the appellant's husband - A

Head Notes: On appeal, held: Ordinary law of the land was sufficient to deal with the offences complained of against the appellant - Offences alleged to have been committed by the appellant were such as to attract punishment under the Andhra Pradesh Prohibiti
8
STATE OF PUNJAB Vs. BALWINDER SINGH ETC.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:6/1/2012
Subject: Penal Code, 1860: ss. 304-A, 337 and 279 - Five deaths caused due to rash and negligent driving and by colliding of two vehicles - Sentence - Held: While considering the quantum of sentence to be imposed for the offence of causing death or inju

Head Notes: Allowing the appeals filed by the State, the Court HELD: 1. It is not in dispute that the trial court on appreciation of evidence and accepting the version of the prosecution witnesses convicted the respondents u/s 304A IPC. To bring a case of h
9
ACHYUTANAND CHOUDHARY (D) THR. LRS. Vs. LUXMAN MAHTO & ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:6/1/2012
Subject: 0

Head Notes: 0
10
ADARSH SHIKSHA MAHAVIDYALAYA & ORS. Vs. SUBHASH RAHANGDALE & ORS.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement:6/1/2012
Subject: NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993: Object of its enactment - Discussed. Teachers - Role of, in Education system - Necessity of adequate teacher training - Discussed. Public Interest Litigation - Writ petition praying for iss

Head Notes: Dismissing the appeals, the Court HELD: 1.1. THE SCHEME OF THE NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993 AND THE REGULATIONS. With a view to achieve the object of planned and coordinated development for the teacher education system throug
11
DR MRS NUPUR TALWAR Vs. CBI DELHI AND ANR

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement:6/1/2012
Subject: Constitution of India, 1950: Article 136 - Jurisdiction of Supreme Court to interfere with order of Magistrate taking cognizance, as affirmed by High Court - Held: The order whereby cognizance of the offence has been taken by the Magistrate, unl

Head Notes: Disposing of the appeal, the Court HELD: 1.1. Section 190 of the Code of Criminal Procedure, 1973 lays down the conditions which are requisite for the initiation of a criminal proceeding. At this stage the Magistrate is required to exercise soun
12
FIROJUDDIN & ANR Vs. BABU SINGH

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement:6/1/2012
Subject: 0

Head Notes: 0
13
DENEL (PROPRRIETORY LIMITED) Vs. GOVT.OF INDIA MIN.OF DEFENCE

Coram: SURINDER SINGH NIJJAR

Date of Judgement:9/1/2012
Subject: Arbitration and Conciliation Act, 1996 - s. 11(4), (5), (6) and (8) - Application u/s. 11(4) and (6) - Government contract - Disputes between parties - Director General, Ordnance Factory (DGOF) appointed Additional General Manager of the Factory a

Head Notes: Held: Is maintainable - Right to appointment of an arbitrator does not automatically get forfeited after expiry of 30 days as prescribed u/s. 11(4) and 11(5) but an appointment has to be made before the petitioner files application u/s. 11 seeking
14
V K NASWA Vs. HOME SECRETARY, UOI AND ORS.

Coram: B.S. CHAUHAN, SWATANTER KUMAR

Date of Judgement:9/1/2012
Subject: Constitution of India, 1950 - Article 32 - Writ petition against respondents alleging that they insulted the National Flag and violated the norms of waiving of National Flag, as provided in the Flag Code 2002 - Petitioner seeking relief that a sum

Head Notes: Held: National Flag is both a benediction and a beckoning - In case a person shows any kind of disrespect to the National Flag or does not observe the terms contained in the Code, legal action may be taken against him under the relevant statutory
15
ASSISTANT COMMERCIAL TAX OFFICER Vs. M/S ROMESH POWER PRODUCTS P.LTD.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:9/1/2012
Subject: 0

Head Notes: 0
16
S.M.I KAZIM Vs. NEW INDIA ASSURANCE CO.LTD.& ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:9/1/2012
Subject: 0

Head Notes: 0
17
DEPARTMENT OF AYUSH & ORS. Vs. ACHARYA GYAN AYRVED COLLEGE TALAWALI

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:9/1/2012
Subject: 0

Head Notes: 0
18
KESAR SINGH Vs. PUSHAP LATA & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement:9/1/2012
Subject: 0

Head Notes: 0
19
MOHAN SONI Vs. RAM AVTAR TOMAR & ORS.

Coram: AFTAB ALAM, R.M. LODHA

Date of Judgement:10/1/2012
Subject: Motor Vehicles Act, 1988 - s.166 - Compensation claim - On basis of physical disability suffered in an accident and loss of earning capacity as a result thereof - Appellant, a cart puller, suffered physical disability in an accident - One of his l

Head Notes: Allowing the appeal to an extent, the Court HELD:1.1. Both the Tribunal and the High Court were in error in pegging down the disability of the appellant to 50% with reference to Schedule 1 of the Workmen's Compensation Act, 1923. In the context
20
STATE OF M.P. & ANR. Vs. RAM PRAKASH SINGH & ANR.

Coram: H.L. GOKHALE, H.L. GOKHALE

Date of Judgement:10/1/2012
Subject: Inquiry - Direction by High Court to CBI to enquire into the matter - Challenge to - Matter of escape of the criminals from the police custody and the role of various officers posted at the District - In a writ petition before the High Court, vari

Head Notes: Disposing of the appeal, the Court HELD: 1.1. Having regard to the fact that the order whereby the High Court directed the matter to be referred to CBI for holding enquiry into the matter of escape of the criminals from the police custody and th
21
MOHD. HUSSAIN @ JULFIKAR ALI Vs. THE STATE (GOVT. OF NCT) DELHI

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:11/1/2012
Subject: Penal Code, 1860 - ss. 302/307 - Explosives Substances Act, 1908 - s. 3 - Explosion in bus - Death of 4 persons and 24 persons sustained serious injuries - Capital punishment - Conviction of appellant alongwith death sentence for offences u/ss. 30

Head Notes: Referring the matter to the larger Bench, the Court HELD: Per Dattu J: 1.1. The records would disclose that during the committal proceedings before the Magistrate, the appellant was assisted by a counsel 'V' employed by the State. He conti
22
MEDICAL COUNCIL OF INDIA Vs. JSS MEDICAL COLLEGE & ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:11/1/2012
Subject: Interim order: Maintainability of - Writ petition by medical college seeking increase of seats for MBBS course from 150 to 200 for the academic year 2011-12 - High Court passing an interim order granting permission to increase the intake of MBBS s

Head Notes: Allowing the appeal, the Court HELD: 1. The High Court erred in permitting increase in seats by interim order. In normal circumstances the High Court should not issue interim order granting permission for increase of the seats. The High Court ou
23
N.C. DAS Vs. GAUHATI HIGH COURT THR. REGISTRAR & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement:11/1/2012
Subject: SERVICE LAW: Promotion - Denial of - Judicial service - Member of Tripura Judicial Service (Grade-II) - Critaria for promotion being merit-cum-seniority - Held: In view of the remarks in the ACRs of the officer for three years immediately prece

Head Notes: Dismissing the writ petition and the interlocutory application, the Court HELD: 1. According to r.7(1) of the Tripura Judicial Service Rules, 1974, appointment to the post of Grade-I and Grade-II by promotion from the next grade below shall be m
24
COLLECTOR DIST.GWALIOR & ANR Vs. CINE EXHIBITORS P.LTD.& ANR

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement:11/1/2012
Subject: Town Planning - Nazul land - Leased by Gwalior Development Authority (GDA) in public auction - Subsequent termination of the lease by lessor-GDA and lessee-first respondent asked to hand over possession of the land - Writ petition by first respond

Head Notes: Allowing the appeals, the Court HELD: 1. It is settled in law that the doctrine of promissory estoppel is founded on the principles of equity and to avoid injustice. However, the said principle cannot be soundly embedded or treated to be sacrosa
25
ALISTER ANTHONY PAREIRA Vs. STATE OF MAHARASHTRA

Coram: R.M. LODHA, JAGDISH SINGH KHEHAR

Date of Judgement:12/1/2012
Subject: PENAL CODE, 1860: ss.304 (Part-II) and 338 - Causing of death and grievous hurt by rash and negligent driving - Permissibility of trial and conviction of a person for both offences for a single act of the same transaction - Held: Indictment of

Head Notes: Dismissing the appeals, the Court HELD: 1.1. There is no impediment in law for an offender being charged for the offences punishable u/s 304 (Part II) IPC and also u/ss 337 and 338 IPC. The two charges u/ss 304 (Part II) and 338 can legally co-e
26
AZIJA BEGUM Vs. STATE OF MAHARASHTRA & ANR

Coram: ASOK KUMAR GANGULY, T.S. THAKUR

Date of Judgement:12/1/2012
Subject: Code of Criminal Procedure, 1973: s.173 (8) - Further investigation in a murder case - Held: When the Magistrate himself had expressed serious reservations about the investigation and had directed further investigation, it was expected of the H

Head Notes: Allowing the appeal, the Court HELD: 1.1. Every citizen has a right to get his or her complaint properly investigated. This is a question of equal protection of laws and is covered by the guarantee under Article 14 of the Constitution. The issue
27
JILE SINGH Vs. STATE OF U.P.& ANR

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement:12/1/2012
Subject: Code of Criminal Procedure, 1973: ss.200, 204, 207, 208, 209, 319 - Charge- sheet filed against accused-H in a murder case - Investigating Officer found that no case was made out against the appellant - Issuance of summons by the Magistrate agains

Head Notes: Held: Once the Sessions Court takes cognizance of the offence pursuant to the committal order, the only other stage when the court is empowered to add any other person to the array of the accused is after reaching evidence collection when powers u
28
CHANDRAKALA TRIVEDI Vs. STATE OF RAJASTHAN & ORS.

Coram: ASOK KUMAR GANGULY, T.S. THAKUR

Date of Judgement:12/1/2012
Subject: Service Law - Appointment - Qualification - Educational qualification - Appointment to the post of Teacher - Provisional selection of appellant cancelled as he had not passed Higher Secondary/Senior Secondary Examination after passing the Secondar

Head Notes: Disposing the appeal, the Court HELD:1. The view taken by the High Court cannot be appreciated. From the qualifications mentioned, it is clear that the basic qualification is Senior Secondary or Intermediate or its equivalent. [Para 7] 2. In
29
MADHU Vs. STATE OF KERALA

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement:13/1/2012
Subject: Penal Code, 1860 - ss. 392 and 302 r/w s.34 - Robbery and murder - Case based on circumstantial evidence - Appellant-accused and a co-accused allegedly robbed a woman of the gold ornaments worn by her and murdered her by forcibly drowning her, whe

Head Notes: Allowing the appeal, the Court HELD: 1. Only circumstantial evidence of a very high order can satisfy the test of proof in a criminal prosecution. In a case resting on circumstantial evidence, the prosecution must establish a complete unbroken
30
OM PRAKASH ASATI Vs. STATE OF U.P.& ORS.

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement:13/1/2012
Subject: Service law: Retirement - Pre-mature retirement from service - Jal Nigam adopted criterion for screening the claim of employees for continuation of service - Order of premature retirement against several employees including petitioner - The criter

Head Notes: Dismissing the special leave petitions, the Court HELD: 1. In the two judgments rendered by the High Court which were relied upon by the petitioner, it was held, that the criterion adopted by the Screening Committee for prematurely retiring the
31
M/S. FLEX ENGINEERING LTD. Vs. COMMNR. OF CENTRAL EXCISE, U.P.

Coram: D.K. JAIN, ASOK KUMAR GANGULY

Date of Judgement:13/1/2012
Subject: Central Excise Rules, 1944: Rule 57-A - Modvat credit - Inputs used 'in relation to manufacture' of final product - Manufacturing process -Testing of machines - Flexible laminated plastic film in roll form and poly paper used for testing the au

Head Notes: Allowing the appeals, the Court HELD: 1.1. Rule 57A of the Central Excise Rules, 1944 entitles a manufacturer to take credit of the Central Excise duty paid on the inputs used in or in relation to the manufacture of the final product, provided
32
COMMR.OF CEN.EXIC.II BANGALORE Vs. M/S OSNAR CHEMICAL P.LTD.

Coram: D.K. JAIN, ASOK KUMAR GANGULY

Date of Judgement:13/1/2012
Subject: Central Excise Act, 1944 - s.2(f) - Addition and mixing of polymers and additives to heated bitumen to get superior quality bitumen viz. Polymer Modified Bitumen (PMB) or Crumbled Rubber Modified Bitumen (CRMB ) - If amounts to manufacture of a ne

Head Notes: Dismissing the appeals, the Court HELD:1.1. The expression `manufacture' defined in Section 2(f) of the Central Excise Act, 1944, inter alia includes any process which is specified in relation to any goods in the Section or Chapter Notes of Firs
33
FOOD CORPORATION OF INDIA & ORS. Vs. BHARTIYA K. NIGAM KARMCHARI SANGH & ANR.

Coram: D.K. JAIN, ANIL R. DAVE

Date of Judgement:13/1/2012
Subject: CONSTITUTION OF INDIA, 1950: Article 14 - Classification between two sets of employees - Grant of incentives only to the in-service employees of the FCI, who acquired professional qualifications after entering in service and denial of the same

Head Notes: Allowing the appeal of FCI and dismissing the appeal of the Karamchari Sangh, the Court HELD: 1. It is trite law that Article 14 of the Constitution, which enshrines the principle of equality, is of wide import. It guarantees equality before th
34
M/S. I.O.C.L. Vs. COMMISSIONER OF CENTRAL EXCISE, VADODARA

Coram: A.K. PATNAIK, ANIL R. DAVE

Date of Judgement:13/1/2012
Subject: Central Excise Rules, 1944 - Chapter X, r.192 - Exemption from excise duty - Entitlement to - Reduced Crude Oil (RCO) - Held: Proviso in the exemption notification made it clear that for availing exemption two conditions were to be satisfied: Firs

Head Notes: Dismissing all the appeals, the Court In re: Civil appeal nos. 4530-4532 of 2005 HELD: 1.1. The proviso in the exemption notification makes it clear that for availing the exemption two conditions must be satisfied: First, that it is proved to
35
PUNJAB & SIND BANK Vs. M/S. C.S. COMPANY & ORS.

Coram: SWATANTER KUMAR, RANJANA PRAKASH DESAI

Date of Judgement:13/1/2012
Subject: 0

Head Notes: 0
36
UNION OF INDIA & ORS. Vs. M.C.SHARMA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:13/1/2012
Subject: 0

Head Notes: 0
37
HARISH KUMAR BHATIA Vs. FAMILY CREDIT LIMITED

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:14/1/2012
Subject: 0

Head Notes: 0
38
J.SAMUEL & ORS. Vs. GATTU MHESH & ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:16/1/2012
Subject: Code of Civil Procedure, 1908: Or. VI r. 17 - Amendment of pleadings - Suit for specific performance of contract - Application filed under Or. VI r. 17 seeking amendment of the plaint to incorporate specific pleading in compliance of s. 16(c) of

Head Notes: Allowing the appeal, the Court HELD: 1.1. In the instant case, suit after prolonged trial came to an end in September, 2010. The application for amendment under Order VI Rule 17 CPC was filed on 24.09.2010 that is after the arguments were conclu
39
MAULANA MOHD.AMIR RASHADI Vs. STATE OF U.P.& ANR

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:16/1/2012
Subject: Bail: Conditional bail - Grant of - Allegation against second respondent that he along with his supporters attacked the convoy of the appellant which resulted in death of one person and injury to another - Bail application of the second respondent

Head Notes: Dismissing the appeal, the Court HELD: It is not in dispute that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of the cases ended in acquittal for want of proper witnes
40
C.SHAKUNTHALA & ORS. Vs. H.P.UDAYAKUMAR & ANR.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:16/1/2012
Subject: Contempt of Courts Act, 1971 - Criminal contempt - Pursuant to a contempt petition, Division Bench of the High Court by order dated 9-6-2006 held that there was a prima facie case against the accused-respondents to proceed further and frame charge

Head Notes: Allowing the appeal, the Court HELD: Keeping in view the stand of complainant, his specific assertion with reference to earlier orders and the defence of the respondents/accused as well as the prima facie conclusion by the Division Bench that th
41
STATE OF J & K Vs. VINOD KUMAR VERMA & ANR

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:16/1/2012
Subject: 0

Head Notes: 0
42
M/S. NATIONAL SEEDS CORPN. LTD. Vs. M.MADHUSUDHAN REDDY & ANR.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement:16/1/2012
Subject: Consumer Protection Act, 1986: ss. 12 and 2(d)(i) - Complaints filed by farmers/growers of seeds before the District Forums alleging failure of the crops/less yield on account of defective seeds supplied by the Government Company-appellant and p

Head Notes: Dismissing the appeals, the Court HELD: 1.1. An analysis of Sections 6, 7, 9, 10, 11, 14(1)(a) and (b), 16, 20, 21 of the Seeds Act, 1966 shows that for achieving the object of regulating the quality of certain seeds to be sold for the purposes
43
RAJIV SAXENA & ORS. Vs. STATE(NCT OF DELHI) & ANR

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement:16/1/2012
Subject: 0

Head Notes: 0
44
ARCHAEOLOGICAL SURVEY OF INDIA Vs. NARENDER ANAND AND ORS.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement:16/1/2012
Subject: Ancient Monuments and Archaeological Sites and Remains Act, 1958: ss. 20-A, 20-B, 20-C and 20-Q (as inserted by Amendment Act, 2010) r/w Notification dated 16.6.1992 - Protected monuments - Janter Manter - Carrying out construction works in proh

Head Notes: Disposing of the appeals, the Court HELD: 1.1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 was amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 and ss. 20A and 20
45
A.V.M.SALES CORPORATION Vs. M/S ANURADHA CHEMICALS PVT.LTD.

Coram: ALTAMAS KABIR, CYRIAC JOSEPH

Date of Judgement:17/1/2012
Subject: Contract Act, 1872: ss. 23 and 28 - Two courts having jurisdiction to try a suit - Parties to an agreement mutually agreeing to exclude the jurisdiction of one court in preference to the other - Permissibility of, and if the same is violative o

Head Notes: Allowing the Special Leave Petition, the Court HELD: 1.1 Section 23 of the Contract Act, 1872 indicates what considerations and objects are lawful and what are not, including the considerations or objects of an agreement, if forbidden by law. Se
46
VASANTI DUBEY Vs. STATE OF M.P.

Coram: ASOK KUMAR GANGULY, GYAN SUDHA MISRA

Date of Judgement:17/1/2012
Subject: CODE OF CRIMINAL PROCEDURE, 1973: ss.190(1)(c) , 200, 202, 156(3) - Complaint case - Closure report - Filing of chargesheet - Case registered against appellant on the basis of the complaint u/ss.7 and 13(1)(d) r/w s. 13(1)(2) of the Prevention o

Head Notes: Allowing the appeal, the Court HELD: 1. Even after the police report indicates that no case is made out against the accused, the magistrate can ignore the same and can take cognizance on applying his mind independently to the case. But in that
47
STATE OF GUJARAT & ORS. Vs. ESSAR OIL LTD. & ANR.

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement:17/1/2012
Subject: Sales Tax - Tax incentive scheme - For new industrial units - Units seeking benefit under the scheme were required to commence commercial production within a particular time frame - Respondent sought to set up a new Oil refinery project - Pipeline

Head Notes: Allowing the appeal, the Court HELD: 1.1. The concept of restitution is basically founded on the idea that when a decree is reversed, law imposes an obligation on the party who received an unjust benefit of the erroneous decree to restitute the
48
WEST U.P. SUGAR MILLS ASSOCIATION & ORS. Vs. STATE OF UTTAR PRADESH & ORS.

Coram: DALVEER BHANDARI, T.S. THAKUR, DIPAK MISRA

Date of Judgement:17/1/2012
Subject: U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 - s. 16 - Fixation of State Advised Price (SAP) for sugarcane, over and above the minimum price fixed by the Central Government - Power of the State Government - Conflicting judgments by

Head Notes: Referring the matter to the larger Bench, the Court HELD: 1.1. Ordinarily a Bench of three Judges should refer the matter to a Bench of five Judges, but, in the instant case since both the conflicting judgments *Ch. Tika Ramji and others etc. v.
49
RANBIR TALIB @ RANBIR SATWANT SINGH Vs. M/S. BHATIA GAS

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement:17/1/2012
Subject: 0

Head Notes: 0
50
REGIONL P.F.COMMISSIONER Vs. HOOGHLY MILLS CO.LTD.& ORS.

Coram: ASOK KUMAR GANGULY, T.S. THAKUR

Date of Judgement:18/1/2012
Subject: Employees' Provident fund and Miscellaneous Provisions Act, 1952: ss. 17(1A)(a) and 14-B - Exempted establishment - Defaults in payment of contributions to the Fund - Power to recover damages - Held: In a case of default by the employer of an ex

Head Notes: Allowing the appeal, the Court HELD: 1. Normally, the statutory remedy of appeal should be availed of in a situation like this. However, in the peculiar facts of the case and specially having regard to the nature of the proceedings, the impugned
51
RAMESHBHAI DABHAI NAIKA Vs. STATE OF GUJARAT & ORS.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:18/1/2012
Subject: SOCIAL STATUS CERTIFICATE: Scheduled Caste/Tribe - Status of a person, one of whose parents belongs to the Scheduled Caste/Tribe and the other comes from the upper castes, or more precisely does not come from Scheduled Caste/Tribe and entitlement

Head Notes: Allowing the appeal, the Court HELD: 1.1. The orders passed by the High Court and the Scrutiny Committee are set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of the evidences that might be led by
52
ONKAR & ANR. Vs. STATE OF U.P.

Coram: B.S. CHAUHAN, T.S. THAKUR

Date of Judgement:18/1/2012
Subject: Penal Code, 1860 - ss.302/149, 307/149 and 452 - Common object - Armed assault by appellants and five other accused - Murder of PW2's uncle - Injuries to son and daughter of PW2 - Conviction of appellants by Courts below - Challenged - Held: PW2 f

Head Notes: Dismissing the appeal, the Court HELD:1. The prosecution examined 3 eye-witnesses. According to PW.2 (complainant), the victims' side had earlier filed criminal cases against some of the accused persons. In one case, they had been convicted and
53
BURDWAN CENTRAL CO-OP.BANK LTD.& ANR. Vs. ASIM CHATTERJEE & ORS.

Coram: ALTAMAS KABIR, CYRIAC JOSEPH

Date of Judgement:18/1/2012
Subject: Service Law: Disciplinary proceedings - Central Co-operative Bank taking disciplinary action against its employee for financial irregularities committed by him during his previous employment with the affiliated Society - Held: At the relevant p

Head Notes: Allowing the appeal, the Court HELD: 1.1. The appellant-Bank appointed respondent no.1 against the quota reserved for the employees of Primary Cooperative Societies affiliated to it in terms of r. 69(2)(b) of the West Bengal Co-operative Societi
54
SUDEVANAND Vs. STATE THROUGH CBI

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:19/1/2012
Subject: Code of Criminal Procedure,1973: ss.311, 391 - Summoning of approver for cross-examination - Permission for - Arrest of appellant and other accused in connection to attempt on the life of the then Chief Justice of India - Two months prior to that,

Head Notes: Allowing the appeals, the Court HELD: 1. The delay in filing the applications should not have been the sole ground for rejecting the appellants' applications before the High Court. The High Court did not say that the appellants were in anyway re
55
JAGAN SINGH (DEAD) THROUGH LRS. Vs. DHANWANTI & ORS.

Coram: P. SATHASIVAM, H.L. GOKHALE

Date of Judgement:19/1/2012
Subject: U.P. Zamindari Abolition and Land Reforms Act, 1951 - s. 169 - Bequest by a bhumidhar - Bhumidhar with transferable rights imposing a restriction on the rights of a legatee by limiting the bequest to the life time of legatee - Permissibility of, u

Head Notes: Disposing of the appeal and the interim applications, the Court HELD: 1.1. It is very clear that Sub-section (1) of Section 169 of the U.P. Zamindari Abolition and Land Reforms Act, 1951 permits a bhumidhar to bequeath his holding or any part th
56
RAMDAS BANSAL (D) THR. LR. Vs. KHARAG SINGH BAID & ORS.

Coram: ALTAMAS KABIR, CYRIAC JOSEPH

Date of Judgement:19/1/2012
Subject: 0

Head Notes: 0
57
SHANMUGHAN Vs. STATE OF KERALA

Coram: ASOK KUMAR GANGULY, T.S. THAKUR

Date of Judgement:19/1/2012
Subject: Penal Code, 1860 - ss. 323/302 - Conviction and sentence under - Death of appellant's wife as a result of poisoning on having been administered cyanide - Conviction of appellant u/ss. 323/302 alongwith imposition of life imprisonment by courts bel

Head Notes: Dismissing the appeal, the Court HELD: 1.1 When a case is sought to be proved by the prosecution on the basis of circumstantial evidence, the burden on the prosecution is that it must prove each circumstance in such a way as to complete the chai
58
ASSAM URBAN WATER SUPPLY & SEW. BOARD Vs. M/S. SUBASH PROJECTS & MARKETING LTD.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement:19/1/2012
Subject: ARBITRATION AND CONCILIATION ACT, 1996: ss. 34(1), (3) and (4)of 1996 Act r/w ss. 2 (j) and 4 of Limitation Act - Applications u/s 34 for setting aside arbitration awards filed after extended period of 30 days claiming benefit of s. 4 of Limitat

Head Notes: Dismissing the appeal, the Court HELD: 1.1. Section 4 of the Limitation Act, 1963 enables a party to institute a suit, prefer an appeal or make an application on the day court reopens where the prescribed period for any suit, appeal or applicati
59
M/S.H.D.F.C. Vs. GAUTAM KUMAR NAG & ORS.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:20/1/2012
Subject: Contract Act, 1872: s.139 - Liability of the guarantor - Held: Is equal to and co-extensive with the borrower - Guarantor cannot avoid his liability simply on the basis of the promissory note made out or an equitable mortgage created by the borrow

Head Notes: Allowing the appeal, the Court HELD: 1. The High Court was completely wrong in holding that the respondents were able to make out a triable issue on the basis of Section 139 of the Contract Act. It is well established that the liability of the
60
B.CHANDRAMATHI Vs. N.PRAKASH

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:20/1/2012
Subject: 0

Head Notes: 0
61
HORIL Vs. KESHAV & ANR.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:20/1/2012
Subject: 0

Head Notes: 0
62
STATE OF U.P. & ORS. Vs. AMBRISH TANDON & ANR.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:20/1/2012
Subject: Stamp Act, 1899 - s. 47A/33 - Deficiency in stamp duty - Execution of sale deed in favour of purchaser - Surprise inspection by District Magistrate - Deficiency found in payment of stamp duty - Case registered u/s. 47A/33 - Order passed by the Add

Head Notes: Dismissing the appeal, the Court HELD: 1.1. A perusal of the proceedings before the High Court show that the State was not serious in raising this objection relating to alternative remedy and allowed the High Court to pass orders on merits, thus
63
VODAFONE INTERNATIONAL HOLDINGS B.V. Vs. UNION OF INDIA & ANR

Coram: S.H. KAPADIA, K.S. RADHAKRISHNAN, SWATANTER KUMAR

Date of Judgement:20/1/2012
Subject: Income Tax Act, 1961: s.45 read with ss. 195, 201 and 201(1A) - Capital gains - Offshore transaction - Territorial tax jurisdiction of Indian tax authorities - Transaction between VIH and HTIL (both companies incorporated outside India) with re

Head Notes: Allowing the appeal, the Court HELD: Per S.H. Kapadia, CJI (for himself and for Swatanter Kumar, J.): 1.1. The majority judgment in McDowell held that "tax planning may be legitimate provided it is within the framework of law". Thus, it can
64
BANGALORE DEVELOPMENT AUTHORITY Vs. AIR CRAFT EMPLOYEES COOP.SOCIETY LTD&ORS

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement:24/1/2012
Subject: 0

Head Notes: 0
65
MP RURAL ROAD DEV. AUTHORITY AND ANR. Vs. M/S. L.G. CHAUDHARY ENGINEERS AND CONT.

Coram: ASOK KUMAR GANGULY, GYAN SUDHA MISRA

Date of Judgement:24/1/2012
Subject: Arbitration: Whether the provision of Madhya Pradesh Arbitration Tribunal Act, 1983 which statutorily provides for the parties to the Works Contract to refer all disputes to the Arbitration Tribunal constituted u/s.7 of the 1983 Act will continue

Head Notes: Referring the matter to larger bench, the Court HELD: Per Ganguli, J: 1. Perusal of Section 7 of the Madhya Pradesh Arbitration Tribunal Act, 1983 (M.P. Act) showed that the nature of the dispute between the parties in the instant case was co
66
D.SUDHAKAR & ORS. Vs. D.N.JEEVANRAJU & ORS.

Coram: ALTAMAS KABIR, CYRIAC JOSEPH

Date of Judgement:25/1/2012
Subject: KARNATAKA LEGISLATIVE ASSEMBLY (DISQUALIFICATION OF MEMBERS ON GROUND OF DEFECTION) RULES, 1986: rr.6 and 7 - Extension of support by appellants-Independents to BJP led Government and joining Government as Cabinet Ministers - Withdrawal of supp

Head Notes: Allowing the appeals, the Court HELD: 1.1. There was no evidence to show that the appellants had at any time joined the B.J.P. Even as independents, the appellants could extend support to a government formed by a political party and could become
67
DEEPA THOMAS & ORS. Vs. MEDICAL COUNCIL OF INDIA & ORS.

Coram: CYRIAC JOSEPH, GYAN SUDHA MISRA

Date of Judgement:25/1/2012
Subject: 0

Head Notes: 0
68
MOHD. ASIF Vs. STATE OF MAHARASHTRA & ORS.

Coram: CYRIAC JOSEPH, RANJANA PRAKASH DESAI

Date of Judgement:27/1/2012
Subject: 0

Head Notes: 0
69
A.V.PADMA & ORS. Vs. R.VENUGOPAL & ORS.

Coram: CYRIAC JOSEPH, T.S. THAKUR

Date of Judgement:27/1/2012
Subject: MOTOR VEHICLES ACT, 1988: Compensation - Disbursement of - Case of Susamma Thomas, explained - Held: Sufficient discretion has been given to the Tribunal not to insist on investment of the compensation amount in long term fixed deposit and to r

Head Notes: Allowing the appeal, the Court HELD:1.1. In the case of Susamma Thomas*, this Court issued certain guidelines in order to "safeguard the feed from being frittered away by the beneficiaries due to ignorance, illiteracy and susceptibility to expl
70
ARUP DAS & ORS. Vs. STATE OF ASSAM & ORS.

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR

Date of Judgement:27/1/2012
Subject: SERVICE LAW : Appointment - Government's refusal to approve the subsequent selection lists recommending the candidates over and above the number of vacancies advertised - Held: It is well-established that an authority cannot make any selection/

Head Notes: Dismissing the special leave petitions, the Court HELD: 1. It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those adv
71
KANNAN Vs. SELVAMUTHUKANI

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement:30/1/2012
Subject: 0

Head Notes: 0
72
MARGRET ALMEIDA & ORS.ETC.ETC. Vs. BOMBAY CATHOLIC COOP.HNG.STY.LTD.& ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement:30/1/2012
Subject: Co-operative Socieites: Maharashtra Co-operative Societies Act, 1960 - ss. 91 and 163 - Maintainability of suits - Initiation of proceedings for the division of the Co-operative Society by tenant members (including appellant) - Meanwhile, resol

Head Notes: Disposing of the appeals, the Court HELD: 1.1. The Civil Court's jurisdiction to adjudicate civil disputes is unlimited, subject only to the limitations imposed by law either expressly or by necessary implications. Section 163 of the Maharashtra
73
DR. SUBRAMANIAN SWAMY Vs. DR. MANMOHAN SINGH AND ANR.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement:31/1/2012
Subject: 0

Head Notes: 0
74
SHARAD Vs. STATE OF MAHARASHTRA

Coram: AFTAB ALAM, ANIL R. DAVE

Date of Judgement:31/1/2012
Subject: 0

Head Notes: 0
75
S.M. SHARMILA Vs. NATIONAL INSURANCE CO. LTD. & ORS.

Coram: AFTAB ALAM

Date of Judgement:31/1/2012
Subject: 0

Head Notes: 0
76
JEEVAN CHANDRABHAN IDNANI & ANR Vs. DIVISIONAL COMMR.KONKAN BHAVAN & ORS.

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR, J. CHELAMESWAR

Date of Judgement:31/1/2012
Subject: 0

Head Notes: 0
77
YOGRAJ INFRAS.LTD. Vs. SSAMG YONG ENG.& CONSTRN.CO.LTD.& ANR

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement:31/1/2012
Subject: BANK GUARANTEE: Construction contract - Dispute between parties-Invocation of bank guarantees - Held: Since the petitioner's application u/s 9 of Arbitration and Conciliation Act to restrain the respondent from invoking the bank guarantees was

Head Notes: Disposing of the matters, the Court HELD: Since the Petitioner's application u/s 9 of the Arbitration and Conciliation Act, 1996, was based mainly on allegations of fraud, which have been rejected, there was no foundation for the stay order pass
78
JOSHNA GOUDA Vs. BRUNDABAN GOUDA & ANR

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement:31/1/2012
Subject: Orissa Gram Panchayat Act, 1964: s.31 r/w s.34 - Gram Panchayat elections - Election to the post of Sarpanch - Election petition filed u/s.31 r/w s.34 on the ground that the returning candidate was not qualified to contest the election - Election

Head Notes: Allowing the appeal, the Court Held: 1. The High Court did not record any conclusive finding regarding the probative value of the contents of exhibits 5, 5A or exhibit 7, but went on to examine the evidence adduced by the appellant and found tha

FEBRUARY 2012

Sl No.
Title
1
STATE OF M.P. Vs. BEHRU SINGH & ORS

Coram: ASOK KUMAR GANGULY, GYAN SUDHA MISRA

Date of Judgement: 1/2/2012

Subject:LAND ACQUISITION: Acquisition of land for construction of Man Dam in State of MP- Rehabilitation and Resettlement Policy (R & R Policy) framed by State Government - Claim for 2 hectares of land for each major son of the landholder whose land

Head Note: Disposing of the appeals, the Court HELD: 1.1. The two decisions of this Court reported in 2005 (4) SCC 32 (Narmada Bachao II ) and (2011) 7 SCC 639 (Narmada Bachao III) undoubtedly appear to be in conflict with each other in regard to the clai
2
ROY FERNANDES Vs. STATE OF GOA & ORS.

Coram: ASOK KUMAR GANGULY, T.S. THAKUR

Date of Judgement: 1/2/2012

Subject:Penal Code, 1860: ss. 143, 148, 323, 325 and 302 r/w s.149 - Death by stabbing - Victim-deceased, President of the Chapel and others had gone to the Chapel with tools to put a fence around the Chapel - `R' raised objection and called appellant whe

Head Note: Partly allowing the appeal, the Court HELD: 1. The incident in question took place on account of a sudden dispute arising out of the proposed fencing of the Chapel property which act was apparently seen by `R' as an obstruction to the use of the
3
IMTIYAZ AHMAD Vs. STATE OF U.P.& ORS.

Coram: ASOK KUMAR GANGULY, T.S. THAKUR

Date of Judgement: 1/2/2012

Subject:Administration of Justice Stay by High Courts of investigations and trials - Resulting in pendency of such cases for long

Head Note: Held: The fact finding exercise directed by Supreme Court has revealed a problem of serious concern - It is simply unacceptable for a case to remain pending for three decades under any circumstances, and more so when the pendency is a consequence
4
STATE OF PUNJAB Vs. DALBIR SINGH

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement: 1/2/2012

Subject:

Head Note:
5
JIK INDUSTRIES LTD. & ORS. Vs. AMARLAL V.JUMANI & ANR.

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement: 1/2/2012

Subject:

Head Note:
6
LEE KUN HEE & ORS. Vs. STATE OF U.P.& ORS.

Coram: ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR

Date of Judgement: 1/2/2012

Subject:

Head Note:
7
MANGANI LAL MANDAL Vs. BISHNU DEO BHANDARI

Coram: R.M. LODHA, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 1/2/2012

Subject:REPRESENTATION OF THE PEOPLE ACT, 1951: s.100(1)(d)(iv) - Election petition challenging the election of returned candidate - On the ground of non-compliance of provisions of the Constitution or the Act - Held: A mere non-compliance or breach of

Head Note: Allowing the appeal, the Court HELD: 1.1 A reading of s.100(1)(d)(iv) with s.83 of the Representation of the People Act, 1951 leaves no manner of doubt that where a returned candidate is alleged to be guilty of non-compliance of the provisions o
8
NAND KUMAR VERMA Vs. STATE OF JHARKHAND & ORS.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 1/2/2012

Subject:SERVICE LAW: Successive departmental proceedings on the same set of charges - Held: On general principles, there can be only one enquiry in respect of a charge for a particular misconduct and that is also what the rules usually provide - When a

Head Note: Allowing the appeal, the Court HELD: 1.1 Having accepted the explanations and having communicated the same to the appellant, the High Court could not have proceeded to pass the order of initiating departmental proceedings and reverting the appel
9
BHUBANESWAR DEVELOPMENT AUTHORITY & ANR. Vs. ADIKANDA BISWAL & ORS.

Coram: DEEPAK VERMA, K.S. RADHAKRISHNAN

Date of Judgement: 1/2/2012

Subject:

Head Note:
10
CENTER FOR PIL & ORS. Vs. UNION OF INDIA & ORS.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement: 2/2/2012

Subject:

Head Note:
11
BANGALORE CITY COOP HSG.SOCY.LTD. Vs. STATE OF KARNATAKA AND ORS.

Coram: G.S. SINGHVI, ASOK KUMAR GANGULY

Date of Judgement: 2/2/2012

Subject:

Head Note:
12
MARKIO TADO Vs. TAKAM SORANG & ORS.

Coram: DEEPAK VERMA, H.L. GOKHALE

Date of Judgement: 2/2/2012

Subject:

Head Note:
13
COMMISSIONER OF CENTRAL & EXCISE DELHI Vs. M/S. MINIMAX INDUSTRIES

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 2/2/2012

Subject:

Head Note:
14
COMMNR. OF CENTRAL EXCISE, BHOPAL Vs. MINWOOL ROCK FIBRES LTD.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 2/2/2012

Subject:

Head Note:
15
M/S HOTEL ASHOKA(INDIANTOUR.DEV.COR.LTD) Vs. ASST.COMMR.OF COMMERCIAL TAXES & ANR

Coram: D.K. JAIN, ANIL R. DAVE

Date of Judgement: 3/2/2012

Subject:CENTRAL SALES TAX ACT, 1956: s.. 5(2) r/w Art. 286 of the Constitution and s.2(ii) of Customs Act - Goods sold at duty free shops at the International Airport - Held: State Government has no right to tax any such transaction which takes place at

Head Note: Allowing the appeals, the court HELD : 1. It is true that the appellant had rushed to the High Court without exhausting equally efficacious alternative statutory remedy. The Single Judge of the High Court was also right when he directed the app
16
ZELIA M.XAVIER FERNANDES E.GONSALVES Vs. JOANA RODRIGUES & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 3/2/2012

Subject:

Head Note:
17
BAVO @ MANUBHAI AMBALAL THAKORE Vs. STATE OF GUJARAT

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 3/2/2012

Subject:Penal Code 1860 - ss. 376 and 506 (2) - Commission of rape by accused aged 18/19 years on victim aged about 7 years - Conviction of accused for commission of offence u/ss. 376 and 506 (2) - Sentence of life imprisonment with a fine of Rs. 20,000/-

Head Note: Disposing of the appeal, the Court HELD: 1.1 For the offence of rape on a girl under 12 years of age, punishment shall not be less than 10 years but which may extend to life and also to fine shows that the legislature intended to adopt strictnes
18
SUSANTA GHOSH Vs. STATE OF WEST BENGAL

Coram: ALTAMAS KABIR, GYAN SUDHA MISRA

Date of Judgement: 3/2/2012

Subject:Bail: Death of seven persons - Three FIRs lodged earlier - Appellant, a member of Legislative Assembly not named in the three FIRs - Named in the fourth FIR lodged after 9 years - Allegation against appellant that he entered into a criminal con

Head Note: On appeal, held: Appellant's prayer for bail is allowed - There was no mention of the appellant's name or alleged role in the incident in the three FIRs - Appellant was arrested in connection with a FIR lodged 9 years after the incident - During a
19
RAJENDRA PRASAD BAGARIA Vs. PHARMACY COUNCIL OF STATE OF RAJ.& ANR.

Coram: P. SATHASIVAM, H.L. GOKHALE

Date of Judgement: 6/2/2012

Subject:Pharmacy Act, 1948 - ss 36, 31, 32 and 33 - Cancellation of registration as pharmacist upon review - Challenge to - Appellant obtained registration as pharmacist in the State of Rajasthan on basis of being a registered pharmacist in Sikkim - Cance

Head Note: Dismissing the appeal, the Court HELD: 1.1 The Preamble of the Pharmacy Act, 1948, states that it is an Act to make better provisions for the regulation of the profession and practice of pharmacy, and for that purpose to constitute the Pharmacy
20
RATTAAN BAI & ANR Vs. RAM DASS & ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 6/2/2012

Subject:SUIT: Withdrawal of - Suit for specific performance by respondent 1 to 3 - Application P-2 filed by Advocate on behalf of respondents that in view of compromise with defendants, suit be dismissed - Trial court did not pass any order - Application

Head Note: Allowing the appeal and remitting the matter to the High Court, the Court HELD: 1. The issue was not whether the trial court has the power to permit the withdrawal of the applications filed earlier to the withdrawal of the suit but whether such
21
ABSAR ALAM @ AFSAR ALAM Vs. STATE OF BIHAR

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 7/2/2012

Subject:Sentence/sentencing - Imposition of death sentence - Propriety of - Appellant accused his mother to have been the cause of his wife running away from house and out of anger, appellant cutting neck of his mother and severing her head, fled away wit

Head Note: Partly allowing the appeal, the Court HELD: It is found on reading the FIR lodged by the brother of the appellant on the morning of the date of the incident that the appellant's wife had run away to her maternal house three or four days before t
22
NATIONAL CAMPAIGN COMMTT., C.L., LABOUR Vs. UNION OF INDIA & ORS

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 7/2/2012

Subject:

Head Note:
23
V.D.BHANOT Vs. SAVITA BHANOT

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 7/2/2012

Subject:PROTECTION OF WOMEN FROM DOMESTICE VIOLENCE ACT, 2005: ss. 3,12,18,19,20,31 and 33 - Domestic violence - Complaint by wife -

Head Note: Held: Looking into a complaint u/s 12, the conduct of the parties even prior to the coming into force of the Act, could be taken into consideration while passing an order u/ss 18, 19 and 20 thereof - High Court has also rightly held that even if a
24
RAHEJA UNIVERSAL LIMITED Vs. NRC LIMITED AND ORS

Coram: , K.S. RADHAKRISHNAN, SWATANTER KUMAR

Date of Judgement: 7/2/2012

Subject:

Head Note:
25
MANINDERJIT SINGH BITTA Vs. UNION OF INDIA & ORS.

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 7/2/2012

Subject:MOTOR VEHICLES ACT, 1988: ss. 41(6) and 109(3) - High Security Registration Plates (HSRP) Scheme - Implementation of - Held: Installation of HSRP is a statutory command which is not only in the interest of the security of State, but also serves

Head Note: Disposing of Writ Petition No. 510 of 2005, IAs and Contempt Petitions filed therein, and remitting the other matters back, the Court HELD: 1.1 Installation of HSRP is a statutory command which is not only in the interest of the security of Stat
26
ASHOK KUMAR Vs. DISTRICT MAGISTRATE,BASTI & ANR.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 7/2/2012

Subject:

Head Note:
27
D. RAMA KRISHNA Vs. SADHU NARAYANA & ANR.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 7/2/2012

Subject:

Head Note:
28
M/S TOPMAN EXPORTS Vs. COMMR OF INCOME TAX,MUMBAI

Coram: , A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40947

Subject:

Head Note:
29
ACG ASSOCIATED CAPSULES P.LTD. Vs. C.I.T CENTRAL-IV MUMBAI

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40947

Subject:Income Tax Act, 1961: s.80HHC, Explanation (baa) - Deduction under - Held: Ninety per cent of the net interest, which has been included in the profits of the business of the assessee as computed under the head `Profits and Gains of Business or Pro

Head Note: Disposing of the appeals, the Court Held: 1. Explanation (baa) to Section 80HHC of the Income Tax Act, 1961 states that "profits of the business" means the profits of the business as computed under the head "Profits and Gains of Business or Prof
30
VIKAS KALRA Vs. C.I.T

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40947

Subject:

Head Note:
31
UNION OF INDIA Vs. CHAIRMAN, U.P.S.E.B. & ORS.

Coram: P. SATHASIVAM, H.L. GOKHALE

Date of Judgement: 40948

Subject:RAILWAYS ACT, 1989: ss. 11(a) and (g) - Construction of electric supply lines by Railways - Held: Provisions of Railways Act clearly authorize the Railways to construct necessary transmission lines, dedicated for their own purpose - NTPC, i.e.

Head Note: Disposing of the Transferred Petition the Court: HELD: 1.1. In the case of Railways, the transmission of electricity is governed by the provisions of a special enactment, i.e. the Railways Act, 1989 and not by the enactments governing electricit
32
COMMNR. OF CUSTOMS, NEW DELHI Vs. M/S. CARYAIRE EQUIPMENT INDIA PVT. LTD.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40948

Subject:

Head Note:
33
RAJA MECHANICAL CO.(P) LTD. Vs. COMMNR. OF CENTRAL EXCISE, DELHI-I

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40948

Subject:

Head Note:
34
DIPAK SUBHASHCHANDRA MEHTA Vs. C.B.I & ANR

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 40949

Subject:

Head Note:
35
NEW INDIA ASSURANCE CO.LTD. Vs. YOGESH DEVI & ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 40949

Subject:

Head Note:
36
LOKESH SHIVAKUMAR Vs. STATE OF KARNATAKA

Coram: AFTAB ALAM, ANIL R. DAVE

Date of Judgement: 40949

Subject:Penal Code,1860: s.302 r/w s.34 - Death by fatal blow - A-1 had borrowed money from victim-deceased - On the fateful day, A-1 took the deceased out of the house on the pretext of payment of money - All the accused surrounded the deceased - A-2-app

Head Note: Dismissing the appeal, the Court Held: 1.1 As regards motive, it is well established that if the prosecution case is fully established by reliable ocular evidence coupled with medical evidence, the issue of motive loses practically all relevance
37
SIDARAMAPPA KASHINATH LINGSHETTI Vs. MISHRILAL RAMJIVAN SARDA (D) THR.LRS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40949

Subject:

Head Note:
38
A.P.LOKA YUKTHA & UPA LOKA YUKTHA Vs. KOLLI PENTAM NAIDU & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40949

Subject:

Head Note:
39
COMMR.OF CEN.EXC.FARIDABAD Vs. M/S FOOD & HEALTHCAARE SPECIALIT.& ANR.

Coram: D.K. JAIN, ANIL R. DAVE

Date of Judgement: 40952

Subject:Central Excise Act, 1944: Section 4(1) - Valuation of excisable goods for purposes of charging of excise duty - Contract between merchant-manufacturer and processor-assessee for blending and packing 'Glucon D' - Held: If the processor-assessee i

Head Note: Allowing the appeals filed by the revenue, the Court HELD: 1.1 In S. Kumars, it has been held that if the processor-assessee is not at arm's length with the merchant manufacturer and is a related person, the formula prescribed in Ujagar Prints (
40
T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA & ORS

Coram: K.S. RADHAKRISHNAN, CHANDRAMAULI KR. PRASAD

Date of Judgement: 40952

Subject:WILD LIFE (PROTECTION) ACT, 1972: Object of its enactment - Discussed. s.2(27) - Whether sandalwood (Santalum album Linn) stated to be an endangered species, be declared as a "specified plant" within the meaning of s.2(27), and be included in

Head Note: Disposing of the applications, the Court HELD: 1. Sandalwood is an evergreen tree which generally grows in the dry, deciduous forests of the Deccan Plateau. Sandalwood is also mentioned in one of the oldest epics, the Ramayana. Descriptions are
41
BALDHARI SINGH & ORS. Vs. STATE OF U.P. & ORS.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40953

Subject:

Head Note:
42
M/S. KEIHIN PENALFA LTD. Vs. COMMNR. OF CUSTOMS & ANR.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40953

Subject:

Head Note:
43
M/S. BONANZO ENGG. &CHEMICAL PVT. LTD. Vs. COMMNR. OF CENTRAL EXCISE

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40953

Subject:

Head Note:
44
RAJVIR SINGH Vs. SECRETARY MIN.OF DEFENCE & ORS.

Coram: AFTAB ALAM, CHANDRAMAULI KR. PRASAD

Date of Judgement: 40954

Subject:

Head Note:
45
KAPIL MUNI KARWARIYA Vs. CHANDRA NARAIN TRIPATHI

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR

Date of Judgement: 40954

Subject:Representation of the People Act, 1951: ss.81, 86 - Election petition - Maintainability of - Election petition challenging the election of returning candidate on the ground that nomination papers of respondent were wrongly rejected by the returnin

Head Note: Dismissing the appeal, the Court HELD: Having considered the fact that the Election Petition is yet to be disposed of by the Election Tribunal, making any observations in this proceedings would certainly have an effect on the pending proceedings
46
KRUSHNAKANT B. PARMAR Vs. UNION OF INDIA & ANR.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 40954

Subject:

Head Note:
47
ARADADI RAMUDU & AGGIRAMUDU Vs. STATE,REP.BY INSP. OF POLICE,PONDICHERRY

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40954

Subject:

Head Note:
48
NTPC LIMITED Vs. ANSALDO CALDAIE BOILERS INDIA P.LD.& ANR

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 40955

Subject:Contract: Tender - Bid for installation of Steam Generator Package - Rejected - Held: Evaporator being an integral part of Steam Generator, Qualified Steam Generator Manufacturer would have to be the manufacturer of evaporator itself and could

Head Note: Allowing the appeal, the Court HELD: 1.1 Respondent No.1 chose Route 4 of the qualifying routes while submitting its Tender Bid, in its capacity as an Indian Joint Venture Company for manufacturing Super-Critical Steam Generator in India between
49
MD. MASAUD ALAM Vs. STATE OF BIHAR & ORS.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40955

Subject:

Head Note:
50
RATTIRAM & ORS. Vs. STATE OF M.P.TR.INSP.OF POLICE

Coram: DALVEER BHANDARI, T.S. THAKUR, DIPAK MISRA

Date of Judgement: 40956

Subject:

Head Note:
51
CATHOLIC SYRIAN BANK LTD. Vs. COMMISSIONER OF INCOME TAX, THRISSUR

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40956

Subject:

Head Note:
52
SUBRAMANIAN Vs. STATE OF T.NADU & ANR

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 40960

Subject:Preventive detention: Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 - ss. 3 and 2(f) - Detention ord

Head Note: Dismissing the appeal, the Court HELD: 1.1 The court does not interfere with the subjective satisfaction reached by the Detaining Authority except in exceptional and extremely limited grounds. The court cannot substitute its own opinion for that
53
M/S DAKSHIN SHELTERS P.LTD. Vs. GEETA S JOHARI

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40960

Subject:

Head Note:
54
COMMNR.OF CENTRAL EXCISE, KOLKATA Vs. M/S.PRAXAIR INDIA PVT.LTD.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40961

Subject:

Head Note:
55
STATE OF KERALA Vs. E.T.ROSE LYND & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40961

Subject:Motor Vehicles Act, 1988: s.118 - Accident claim case - Award passed by Tribunal - On appeal, High Court passed certain directions including directions 3 and 5 relating to construction of Bus Bays on all road-sides in the State through which stage

Head Note: Partly allowing the appeal, the Court HELD: 1.1. Section 118 of the Motor Vehicle Act enables the Central Government to make regulations for the driving of motor vehicles by issuing notification in the Official Gazette. Pursuant to its power un
56
MOHAMED IBRAHIM & ORS. Vs. VINAYAKA MISSION UNIV.& ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40961

Subject:

Head Note:
57
COMMNR. OF CENTRAL EXCISE Vs. M/S. WOCKHARDT LIFE SCIENCE LTD.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40961

Subject:

Head Note:
58
M/S ZUNAID ENTERPRISES & ORS. Vs. STATE OF M.P.& ORS.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40961

Subject:

Head Note:
59
STATE OF T.NADU & ORS. Vs. E.RANGACHARI

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40961

Subject:

Head Note:
60
RE-RAMLILA MAIDAN INCIDENT DT 4/5.06.11 Vs. HOME SECRETARY AND ORS.

Coram: B.S. CHAUHAN, SWATANTER KUMAR

Date of Judgement: 40962

Subject:

Head Note:
61
SONU SARDAR Vs. STATE OF CHHATISGARH

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40962

Subject:

Head Note:
62
AMIT Vs. STATE OF U.P.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40962

Subject:Penal Code, 1860: ss.364, 376, 377, 302 and 201 - Rape followed by murder of minor girl - Allegation against the appellant that he took away the victim from her house in the presence of her mother and grandmother on the pretext of giving her bisc

Head Note: Partly allowing the appeal, the Court HELD: 1. PW-3 was no doubt the grandmother of the victim but she was not an interested witness. An interested witness must have some direct interest in having the accused somehow convicted for some extraneo
63
M/S. LADLI CONSTRUCTION CO. (P) LTD. Vs. PUNJAB POLICE HOUSING CORPN. LTD. & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40962

Subject:

Head Note:
64
M/S.ZUNAID ENTERPRISES & ORS. Vs. STATE OF CHHATTISGARH & ORS.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40962

Subject:

Head Note:
65
SURENDRA NATH SINGH (D) THROUGH LRS. Vs. U.P.SECONDARY EDU.SERVICE COMMISION &ORS

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40962

Subject:

Head Note:
66
OFFICE OF THE CHIEF POST MASTER & ORS Vs. LIVING MEDIA INDIA LTD.& ANR

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 40963

Subject:APPEAL: Appeal by Government Department - Delay in filing - Condonation of - Delay of 427 days in filing SLPs by the Government Department - Held: The law of limitation binds everybody including the Government - The Government Departments are unde

Head Note: Dismissing the appeal, the Court HELD: 1. In the "better affidavit" sworn by 'AP', SSRM, Air Mail Sorting Division, the Department has itself mentioned and is aware of the date of the impugned judgment of the High Court as 11.09.2009. Even acco
67
KRISHAN LAL Vs. FOOD CORPN. OF INDIA AND ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 40963

Subject:

Head Note:
68
K. THIPPANNA @ THIPPESWAMY Vs. VARALAKSHMI & ANR.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 40963

Subject:

Head Note:
69
MARGRET ALMEIDA & ORS.ETC.ETC. Vs. BOMBAY CATHOLIC COOP.HNG.STY.LTD.& ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 40963

Subject:Maharashtra Co-operative Societies Act, 1960 - s.91 - Trial court passing interim order of status quo during the pendency of the suits in favor of the appellants holding that the suits are maintainable - Division Bench of High Court held that the

Head Note: Allowing the interlocutory applications, the Court HELD: The submissions of the appellants are accepted. The erroneous conclusion of the Division Bench of the High Court cannot operate to the prejudice of the appellants-plaintiffs, who successfu
70
K.B.NAGUR M.D(AYU) Vs. UNION OF INDIA

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40963

Subject:CONSTITUTION OF INDIA, 1950: Arts. 14 and 16 - Held: The concept of equality has to be patently infringed by a provision before that provision or any part thereof, can be declared as unconstitutional - The mere fact that there is some inconveni

Head Note: Disposing of the matters, the Court HELD: 1.1 Art.14 of the Constitution of India, 1950, guarantees equality before law whereas Art.16 talks of equal opportunities in matters of public employment. This concept of equality has to be patently inf
71
DAJI RAOJI PATIL (D) TH.LRS & ORS Vs. BAJIRAO RAOJI PATIL (D) TH.LRS & ORS

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40963

Subject:

Head Note:
72
K.LAKSHMI Vs. STATE OF KERALA & ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 40966

Subject:

Head Note:
73
M/S IFB INDUSTRIES LTD. Vs. STATE OF KERALA

Coram: AFTAB ALAM, ANIL R. DAVE

Date of Judgement: 40966

Subject:

Head Note:
74
LALITA KUMARI Vs. GOVT.OF U.P.& ORS.

Coram: DALVEER BHANDARI, T.S. THAKUR, DIPAK MISRA

Date of Judgement: 40966

Subject:CODE OF CRIMINAL PROCEDURE, 1973: s. 154 - Information in cognizable cases - Officer in charge of police station concerned - Obligation of, to register the FIR - The issue: whether u/s 154 Cr.P.C., a police officer is bound to register an FIR wh

Head Note: Referring the matters to a Constitution Bench, the Court HELD: 1.1 On a careful analysis of various judgments delivered by this Court in the last several decades, it is quite evident that different Benches of this Court have taken divergent view
75
BIMAL KUMAR & ANR. Vs. SHAKUNTALA DEBI & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40966

Subject:DECREE: Final decree and Preliminary decree - Distinction between -Discussed. Preliminary decree - Compromise application - Tenor of application showed that the parties to the compromise settled the entire controversy and they were in separat

Head Note: Allowing the appeal, the Court HELD: 1. Perusal of the tenor of the entire compromise application showed that the parties to the compromise settled the entire controversy. The defendant No. 3 who was the predecessor-in-interest of the appellants
76
IN RE : NETWORKING OF RIVERS Vs. ......

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40966

Subject:CONSTITUTION OF INDIA, 1950: Art. 32 - Writ petitions seeking directions to Central and State Governments for effective management of water by nationalisation and inter- linking of rivers - Held: Government of India has framed National Water Po

Head Note: Disposing of the writ petitions, connected IAs and the contempt petitions, the Court HELD: 1.1 The Government of India has always shown considerable concern regarding the management of water resources in the country and had framed, for this pur
77
DEEPAK KUMAR ETC. Vs. STATE OF HARYANA & ORS.ETC.

Coram: K.S. RADHAKRISHNAN, CHANDRAMAULI KR. PRASAD

Date of Judgement: 40966

Subject:

Head Note:
78
OM KR. DHANKAR Vs. STATE OF HARYANA & ANR.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40967

Subject:CODE OF CRIMINAL PROCEDURE, 1973: s.397 - Revision - Order of Magistrate directing issuance of summons - Held: Is open to challenge under the revisional jurisdiction. s.197 - Prosecution of public servant - Requirement of previous sanction -

Head Note: Allowing the appeal, the Court HELD: 1. The revisional jurisdiction u/s 397 Cr.P.C. was available to respondent No. 2 in challenging the order of the Magistrate directing issuance of summons. [para 10] [1166-A] Rajendra Kumar Sitaram Pande a
79
SURENDRA & ORS. Vs. STATE OF U.P.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40967

Subject:Penal Code, 1860: s.302/149 - 'Common object' to cause the death - Held: Inference of common object has to be drawn from various factors such as the weapons with which the members were armed, their movements, the acts of violence committed by

Head Note: Dismissing the special leave petitions, the Court HELD: In the first place, the motive for the crime has been established. There was criminal litigation pending between the deceased and accused 'S', 'N' and 'Y'. The other accused 'A' is the b
80
RAMNARESH & ORS. Vs. STATE OF CHHATTISGARH

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40967

Subject:

Head Note:
81
BRAJENDRASINGH Vs. STATE OF M.P.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40967

Subject:

Head Note:
82
M/S RESURGERE M&M INDIA LTD. Vs. M/S SUN PHARMACEUTICAL INDUSTIRES

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40967

Subject:

Head Note:
83
UNITED INDIA INSURANCE COMPANY LTD. Vs. BABU RAM THAKUR & ANR.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40967

Subject:

Head Note:
84
SOUTHERN RAILWAY, CHENNAI & ANR. Vs. DELIGH MANUFACTURING COMPANY

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40967

Subject:

Head Note:
85
ESHA EKTA APPARTMENTS CHS LTD.& ORS. Vs. MUN.CORP.OF MUMBAI & ANR

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 40968

Subject:

Head Note:
86
RAJENDRA PRALHADRAO WASNIK Vs. THE STATE OF MAHRASHTRA

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40968

Subject:PENAL CODE, 1860: ss. 302, 376(2)(f), and 377 - Rape and murder of a 3 year old girl - Circumstantial evidence - Conviction and sentence of death awarded by trial court, upheld by High Court - Held: The prosecution has been able to bring home t

Head Note: Dismissing the appeal, the Court HELD: 1.1. There is no doubt that it is not a case of direct evidence and the conviction of the accused is founded on circumstantial evidence. The circumstances forming the chain of events should be proved and th
87
MANO DUTT & ANR. Vs. STATE OF U.P.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 40968

Subject:

Head Note:
88
KISHOR KUMAR & ORS. Vs. PRADEEP SHUKLA & ORS.

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 40968

Subject:U.P. PROCEDURE FOR DIRECT RECRUITMENT OF GROUP 'C' POSTS (OUTSIDE THE PURVIEW OF PUBLIC SERVICE COMMISSION) RULES, 2000: r.15(2) - Appointment to 766 posts of Pharmacists advertised on 12.11.2007 - Held: As has been held in Santosh Kumar Mishra'

Head Note: Dismissing the petitions, the Court HELD: The matter has already been decided in the case of Santosh Kumar Mishra* wherein it has been directed by this Court that the candidates could be appointed against the vacancies in order of their inter
89
ACCOUNTANT GENERAL, M.P. Vs. S.K.DUBEY & ANR.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40968

Subject:

Head Note:
90
COMMNR. OF CUSTOMS Vs. DENSO KIRLOSKAR INDUS. PVT.LTD.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40968

Subject:

Head Note:
91
COMMNR. OF CUSTOMS(IMPORT) Vs. M/S. KONKAN SYNTHETIC FIBRES

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40968

Subject:

Head Note:
92
VINAYAK KASHINATH SHILKAR Vs. DY.COLLECTOR & COMPETENT AUTH.& ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 40968

Subject:URBAN LAND (CEILING AND REGULATION) REPEAL ACT, 1999: s.3 (2) read with ss. 3(1)(a) and 10(3) - Abatment of proceedings initiated under the 1976 Act - Held: Mere vesting of vacant land with State Government by operation of law without actual pos

Head Note: Allowing the appeal, the Court HELD: 1.1. It is clear from the provisions of s. 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 that where the possession of the vacant land has not been taken over by the State Government or by any
93
CHAIR.WEST BEN.ADMIN.TRIBUNL.& ANR Vs. SK.MONOBBOR HOSSAIN & ANR

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40968

Subject:

Head Note:
94
COMMNR. OF CENTRAL EXCISE, SURAT-I Vs. M/S. FAVOURITE INDUSTRIES

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 40968

Subject:

Head Note:
95
PIYU DATTA Vs. STATE OF WEST BENGAL & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 40968

Subject:

Head Note:

March 2012
Sl No.
Title
1
STATE OF U.P. Vs. DURGA PRASAD AND ORS

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 1/3/2012

Subject:

Head Note:
2
JITU PATNAIK Vs. SANATAN MOHAKUD & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 2/3/2012

Subject:REPRESENTATION OF THE PEOPLE ACT, 1951: s.52(as inserted by Amendment Act 21 of 1996) read with ss.38, 83 and 100(1)(d) - State Legislative Assembly Elections - Death of an independent contesting candidate after the date of withdrawal of nominat

Head Note: Allowing the appeal, the Court HELD: 1.1 This Court has stated time and again that right to contest election or to question the election by means of the election petition is neither common law nor fundamental right. Instead, it is a statutory ri
3
RAVI YASHWANT BHOIR Vs. THE COLLECTOR, DISTRICT RAIGAD & ORS.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 2/3/2012

Subject:

Head Note:
4
RAJESH TALWAR Vs. C.B.I & ORS.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 2/3/2012

Subject:

Head Note:
5
SAMPATH KUMAR Vs. INSPECTOR OF POLICE,KRISHNAGIRI

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 2/3/2012

Subject:Penal Code, 1860 - s 302 r/w s. 34 - Murder - Prosecution for - No eye- witness - Conviction by courts below - Based on ocular testimony of a witness and motive - Held: Conviction not justified - Evidence of the witness being in contrast with his

Head Note: Allowing the appeals, the Court HELD: 1. The prosecution has not proved its case against the appellants. They are entitled to acquittal giving them the benefit of doubt. The prosecution relies entirely upon the deposition of PWs. 1, 2, 3 and 7.
6
VISMAY DIGAMBAR THAKARE Vs. RAMCHANDRA SAMAJ SEWA SAMITI & ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 2/3/2012

Subject:

Head Note:
7
UNION OF INDIA & ORS. Vs. M/S CHAMPION PHOTOSTAT INDUSL.CORP.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 2/3/2012

Subject:

Head Note:
8
H.P.HOUSING & URBAN DEVT.AUTH.& ANR. Vs. RANJIT SINGH RANA

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 1'2/3/2012

Subject:ARBITRATION AND CONCILIATION ACT, 1996: s.31(7)(b) - Liability to pay interest for the post-award period - Held: The deposit of the award amount into the court is nothing but a payment to the credit of the decree-holder - Once the award amount w

Head Note: Partly allowing the appeal, the Court HELD: 1. The parties are ad idem that the arbitrator has not exercised any discretion in the matter pertaining to the interest for the post-award period. Obviously, in absence thereof, by virtue of s. 31(7)(
9
SATISH Vs. STATE OF HARYANA

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 1'2/3/2012

Subject:

Head Note:
10
SHIV MOHAN KAPOOR Vs. STATE OF U.P. & ANR.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 1'2/3/2012

Subject:

Head Note:
11
LABH SINGH & ORS. Vs. STATE OF HARYANA & ANR.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 1'2/3/2012

Subject:

Head Note:
12
RASHMI AJAY KR.KESHARWANI Vs. AJAY KR.KESHARWANI AND ORS

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 1'2/3/2012

Subject:

Head Note:
13
MAHESH KUMAR (D) BY LRS. Vs. VINOD KUMAR & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 13/3/2012

Subject:

Head Note:
14
ASHOK SADARANGANI & ANR Vs. UNION OF INDIA & ORS.

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 14/3/2012

Subject:

Head Note:
15
BHUSHAN POWER & STEEL LTD. & ORS. Vs. STATE OF ORISSA & ANR.

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR

Date of Judgement: 14/3/2012

Subject:

Head Note:
16
JAI PRAKASH SINGH Vs. STATE OF BIHAR & ANR.ETC.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 14/3/2012

Subject:

Head Note:
17
GOVINDARAJU @ GOVINDA Vs. STATE BY SRIRAMAPURAM P.S. & ANR.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 15/3/2012

Subject:

Head Note:
18
BHAJJU @ KARAN SINGH Vs. STATE OF M.P.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 15/3/2012

Subject:

Head Note:
19
N.K.BAJPAI Vs. UNION OF INDIA & ANR.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 15/3/2012

Subject:Customs Act, 1962 - s. 129 (6) - Restrictions under - Constitutional validity of - Held: The restrictions imposed u/s. 129(6) is not unreasonable or ultra vires the Constitution- Every right is subject to reasonable restriction - Right to practice

Head Note: Dismissing the appeals, the Court HELD: 1.1 Part III of the Constitution is the soul of the Constitution of India. It is not only a charter of the rights that are available to Indian citizens, but is even completely in consonance with the basic
20
HEAD MASTER,LAWRENCE SCHOOL,LOVEDALE Vs. JAYANTHI RAGHU & ANR.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 16/3/2012

Subject:Service Law: Deemed confirmation - Appointment letter stipulating that the appointee would be on probation for a period of two years which could be extended for another one year - After the employee competed three years of service, her services

Head Note: Allowing the appeal, the Court HELD: 1.1 On a plain reading of the letter of appointment, it is apparent that respondent no. 1 was appointed as a Mistress in the School on probation for a period of two years with a stipulation that it may be ex
21
HARDEEP KAUR Vs. MALKIAT KAUR

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 16/3/2012

Subject:Code of Civil Procedure, 1908 - s. 100 - Second appeal - Formulation of substantial question of law - Requirement of - Held: Formulation of substantial question of law at the initial stage before hearing the second appeal is mandatory - Decision o

Head Note: Allowing the appeal, the Court HELD: 1. As a matter of law, the High Court is required to formulate substantial question of law involved in the second appeal at the initial stage if it is satisfied that the matter deserves to be admitted and the
22
STATE OF ORISSA & ORS. Vs. UJJAL KUMAR BURDHAN

Coram: D.K. JAIN, ANIL R. DAVE

Date of Judgement: 19/3/2012

Subject:CODE OF CRIMINAL PROCEDURE, 1973: s.482 - Inherent jurisdiction of court - Scope of - Allegation of irregularities against the respondent - Departmental inquiries - Preliminary inquiry revealing certain irregularities in the procurement and mil

Head Note: Allowing the appeal, the Court HELD: 1. It is true that the inherent powers vested in the High Court under Section 482 of the Code are very wide. Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act accordi
23
N.SURESH Vs. YUSUF SHARIFF & ANR

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 19/3/2012

Subject:

Head Note:
24
MARIA MARGADIA SEQUERIA FERNANDES & ORS Vs. ERASMO JACK DE SEQUERIA (D) TR.LRS.& ORS

Coram: DALVEER BHANDARI, H.L. DATTU, DEEPAK VERMA

Date of Judgement: 21/3/2012

Subject:

Head Note:
25
RAM DHARI JINDAL MEMORIAL TRUST Vs. UNION OF INDIA & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 21/3/2012

Subject:LAND ACQUISITION ACT, 1894: ss.17(1), 17(4), 5A - Invocation of power of urgency and elimination of enquiry u/s.5-A - Permissibility - Held: If the government seeks to invoke its power of urgency, it has to first form the opinion that the land f

Head Note: Allowing the appeal, the Court HELD: 1. If the government seeks to invoke its power of urgency, it has to first form the opinion that the land for the stated public purpose is urgently needed. Such opinion has to be founded on the need for immed
26
SURESH KUMAR KANTILAL PATEL Vs. BALKRISHNA LAXMIDAS KOTHARI

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 21/3/2012

Subject:

Head Note:
27
RAJENDRA PRATAPRAO MANE & ORS. Vs. SADASHIVRAO MANDALIK K.T.S.S.K.LTD.&ORS

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 22/3/2012

Subject:

Head Note:
28
SAYED DARAIN AHSAN @ DARAIN Vs. STATE OF WEST BENGAL

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 22/3/2012

Subject:INDIAN PENAL CODE, 1860: s.302/34 - Victim stated to have been shot dead by 8-10 persons - Two accused prosecuted and convicted and sentenced to life - One of the accused filing the appeal - Held: High Court has rightly sustained the conviction

Head Note: Dismissing the appeal, the Court HELD: 1.1 The consistent version of all the four eyewitnesses, namely PW-3, PW-4, PW-5 and PW-7 is that the appellant and his associates fired at the deceased. PW-12, the doctor who carried out the post mortem on
29
PROMODE DEY Vs. STATE OF WEST BENGAL

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 22/3/2012

Subject:

Head Note:
30
STATE OF RAJASTHAN Vs. MOHAN LAL & ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 23/3/2012

Subject:Penal Code, 1860 - ss. 148, 302/149, 323, 324/149 and 325 - Prosecution under - Conviction by trial court - High Court acquitting the accused u/s. 302/149 and convicting them under rest of the provisions - On appeal, held: High Court was justified

Head Note: Allowing the appeal, the Court HELD: 1.1 The High Court was justified in holding that the prosecution had not been able to establish the charge of murder beyond a reasonable doubt. The High Court has correctly observed that8 the deposition of (P
31
USHABEN Vs. KISHORBHAI CHUNILAL TALPADA & ORS.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 23/3/2012

Subject:

Head Note:
32
M/S. HEINZ INDIA PVT. LTD. & ANR. Vs. STATE OF U.P. & ORS.

Coram: T.S. THAKUR, DIPAK MISRA

Date of Judgement: 23/3/2012

Subject:

Head Note:
33
KRISHI UTPADAN MANDI SAMITI & ANR. Vs. VED RAM

Coram: T.S. THAKUR, DIPAK MISRA

Date of Judgement: 23/3/2012

Subject:

Head Note:
34
UNION OF INDIA & ORS. Vs. BRIGADIER P.S.GILL

Coram: T.S. THAKUR, DIPAK MISRA

Date of Judgement: 23/3/2012

Subject:Armed Forces Tribunal Act, 2007 - ss. 30(1) and 31 - Appeal against final decision/order of the Armed Forces Tribunal - Whether can be made directly to Supreme Court or is subject to s.31 - Held: There is no vested right of appeal aginst final dec

Head Note: Dismissing the appeals, the Court HELD: 1.1. A conjoint reading of Sections 30 and 31 of Armed Forces Tribunal Act, 2007 can lead to only one conclusion viz. there is no vested right of appeal against a final order or decision of the Tribunal to
35
SAROJ SCREENS PVT.LTD. Vs. GHAHSHYAM & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 26/3/2012

Subject:

Head Note:
36
SUNIL KUMAR Vs. STATE OF HARYANA

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 27/3/2012

Subject:

Head Note:
37
NARSINGH PRASAD Vs. ANIL KUMAR JAIN & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 27/3/2012

Subject:

Head Note:
38
MULCHAND KHANUMAL KHATRI Vs. STATE OF GUJARAT & ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 27/3/2012

Subject:Land Acquisition Act, 1894 - s.11A [as inserted by Land Acquisition (Amendment) Act, 1984] - Limitation period - For passing award u/s.11 - Computation of - Held : The period prescribed u/s. 11A is mandatory - The   period of two years commences fro

Head Note: Allowing the appeal, the Court HELD: 1. The period prescribed in Section 11A of Land Acquisition Act, 1894 is mandatory. The consequence of breach is provided in the provision itself viz., the entire acquisition proceedings get lapsed. Insofar a
39
M/S JAI BHARAT TRADING CO. Vs. UNION OF INDIA & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 28/3/2012

Subject:

Head Note:
40
M.M.T.C. OF INDIA Vs. OCEAN KNIGH MARITIME CO LTD. AND ORS.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 29/3/2012

Subject:

Head Note:
41
EXECUTIVE OFFICER, MUNICIPAL COUNCIL Vs. GAJJA RAM & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 29/3/2012

Subject:

Head Note:
42
M/S. PUSHPA SAHKARI AVAS SAMITI LTD. Vs. M/S. GANGOTRI SAHKARI AVAS S.LTD.& ORS.

Coram: DEEPAK VERMA, DIPAK MISRA

Date of Judgement: 30/3/2012

Subject:Code of Civil Procedure, 1908 - s.47 and Or. XXI - Execution of decree - Questions to be determined - Compromise decree - Stipulating condition of payment of sum within a particular time - Objections rejected by executing court and order for execu

Head Note: Allowing the appeals and remitting the matter to High Court, the Court HELD: 1. On a perusal of the various provisions relating to execution as enshrined under Order XXI CPC, there is nothing which lays down that premature filing of an execution
43
R.MOHAJAN & ORS. Vs. SHEFALI SENGUPTA & ORS

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 30/3/2012

Subject:

Head Note:
44
SHOBHAN SINGH KHANKA Vs. STATE OF JHARKHAND

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 30/3/2012

Subject:

Head Note:
45
RAMESHKUMAR AGARWAL Vs. RAJMALA EXPORTS P.LTD.& ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 30/3/2012

Subject:

Head Note:
46
STATE OF JHARKHAND & ORS. Vs. M/S K.N.FARMS & INDUSTRIES(P) LTD.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 30/3/2012

Subject:

Head Note:
47
R.MOHAJAN & ORS. Vs. SHEFALI SENGUPTA & ORS

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 30/3/2012

Subject:

Head Note:
48
SHOBHAN SINGH KHANKA Vs. STATE OF JHARKHAND

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 30/3/2012

Subject:Code of Criminal Procedure, 1973: s.438 - Anticipatory bail - Criminal proceedings against Chairman and Members of State Public Service Commission and Examiners regarding large scale bungling and manipulation of marks - Inquiry by Vigilance depa

Head Note: Allowing the appeal, the Court HELD: 1.1. It is settled law that personal liberty is a precious fundamental right. While considering the claim of pre-arrest bail, the factors to be considered are: (i) the nature and   gravity of the accusation; (
49
RAMESHKUMAR AGARWAL Vs. RAJMALA EXPORTS P.LTD.& ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 30/3/2012

Subject:

Head Note:

APRIL 2012

Sl No.
Title


1
STATE OF KERALA & ANR. Vs. P.V. MATHEW (DEAD) BY LRS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 02/04/2012

Subject:KERALA FOREST ACT, 1961: s.52 read with s.2(f) (as amended by Amendment Act 23 of 1974), s,61 A(as inserted by Amendment Act 28 of 1975 and s.69 - Confiscation of vehicle used in committing a forest offence - Vehicle confiscated on the allegatio

Head Note:Dismissing the appeal, the Court HELD: 1.1 Clause (iii) of the unamended s. 2(f) has been deleted by Act 23 of 1974 and the present definition of "forest produce" does not include "ivory". Section 52 of the Act which deals with seizure of proper
2
JEGANNATHAN Vs. RAJU SIGAMANI & ANR.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 02/04/2012

Subject:

Head Note:
3
TARAKANT SINGH Vs. STATE OF BIHAR & ANR.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 02/04/2012

Subject:

Head Note:
4
MODERN DENTAL COLLEGE & RES.CEN. & ORS. Vs. STATE OF MADHYA PRADESH & ORS.

Coram: DEEPAK VERMA, B.S. CHAUHAN, K.S. RADHAKRISHNAN

Date of Judgement: 03/04/2012

Subject:Education/Educational Institutions: Medical and Dental Colleges - Private unaided medical/dental colleges in the State of Madhya Pradesh - Admission - Unfilled NRI seats - Whether unfilled NRI seats are to be transferred to general pool and be sha

Head Note:Held: It is open to the unaided professional educational institutions to fill up unfilled NRI seats through the entrance test conducted by them subject to the conditions laid down in *Inamdar case - The policy of reservation should not be enforced
5
KERSI COMMISSARIAT & ORS. Vs. MIN.OF FOOD & CIVIL SUP.GOV.OF MAH.MUMBI

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 03/04/2012

Subject:

Head Note:
6
YOGENDRA PRATAP SINGH Vs. SAVITRI PANDEY & ANR

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 03/04/2012

Subject:

Head Note:
7
MYLA VENKATESWARLU Vs. STATE OF A.P.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 04/04/2012

Subject:

Head Note:
8
MAHESHWARI PRASAD & ORS. Vs. STATE OF JHARKHAND & ORS.

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR

Date of Judgement: 04/04/2012

Subject:SERVICE LAW: Recruitment - Police Drivers - Eligibility - Advertisement dated 6.2.2004 inviting applications for the posts of Police Drivers in State of Jharkhand - Held: The criteria for eligibility in the advertisement indicates that the cand

Head Note:Dismissing the appeals, the Court HELD: Even the advertisement on which reliance has been placed by the appellants, laid stress on a candidate having to possess a licence for driving heavy motor vehicles. The criteria for eligibility in the a
9
CHAUGULE Vs. BHAGWAT

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR

Date of Judgement: 04/04/2012

Subject:

Head Note:
10
BHUSHAN KUMAR & ANR Vs. STATE(NCT OF DELHI) & ANR.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 04/04/2012

Subject:Code of Criminal Procedure, 1973: ss.190, 204 - Cognizance of offence and summoning order - Distinction between - Held: Cognizance is taken of cases and not of persons - It is the condition precedent to the initiation of proceedings by the Magis

Head Note:Dismissing the appeals, the Court HELD: 1. Under Section 190 of the Code of Criminal Procedure, it is the application of judicial mind to the averments in the complaint that constitutes cognizance. At this stage, the Magistrate has to be satisfi
11
L & T UTTARANCHAL HYDRO POWER P.LTD. Vs. JAYA PRAKASH DABRAL & ORS.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 04/04/2012

Subject:

Head Note:
12
AMRIT BHANU SHALI & ORS. Vs. NATIONAL INSURANCE CO. LTD. & ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 04/04/2012

Subject:

Head Note:
13
MANIBEN DEVRAJ SHAH Vs. MUN.CORP.OF BR.MUMBAI

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 09/04/2012

Subject:

Head Note:
14
PREMJI NATHU Vs. STATE OF GUJARAT & ANR

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 09/04/2012

Subject:

Head Note:
15
DELHI ADMINISTRATION & ORS. Vs. KAUSHILYA THAKUR & ANR.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 09/04/2012

Subject:

Head Note:
16
MUN.CORP.OF GR.MUMBAI Vs. THOMAS MATHEW & ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 09/04/2012

Subject:

Head Note:
17
FAZAL Vs. STATE OF U.P.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 09/04/2012

Subject:

Head Note:
18
RAM DHAN Vs. STATE OF U.P.& ANR

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 10/04/2012

Subject:

Head Note:
19
KARUNA SINGH Vs. STATE OF NCT OF DELHI & ANR

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 10/04/2012

Subject:

Head Note:
20
SOCIETY FOR UN-AIDED P.SCHOOL OF RAJ. Vs. U.O.I & ANR.

Coram: S.H. KAPADIA, K.S. RADHAKRISHNAN, SWATANTER KUMAR

Date of Judgement: 12/04/2012

Subject:Right of Children to Free and Compulsory Education Act, 2009 - ss. 3, 2(n) (iv), 12(1)(b), 12(1)(c), 18(3) and 35 - Constitutional validity of the Act - Held: The Act is constitutionally valid - It is enacted in terms of Article 21A of the Constit

Head Note:Disposing of the petitions, the Court HELD: Per Majority [By S.H. Kapadia, CJI. (for himself and Swatanter Kumar, J.]: 1. The Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and shall apply to (i) a
21
OM PRAKASH Vs. STATE OF RAJASTHAN & ANR.

Coram: G.S. SINGHVI, GYAN SUDHA MISRA

Date of Judgement: 13/04/2012

Subject:

Head Note:
22
VIJAY SINGH Vs. STATE OF U.P.& ORS.

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 13/04/2012

Subject:UTTAR PRADESH POLICE OFFICERS OF THE SUBORDINATE RANKS (PUNISHMENT AND APPEAL) RULES, 1991: Withholding of integrity certificate - Integrity certificate of police inspector withheld on the ground that he did not investigate a criminal case properl

Head Note:Held: Punishment of withholding the integrity certificate is not provided for under the Rules - Therefore, order by Disciplinary Authority withholding integrity certificate as a punishment for delinquency was without jurisdiction. Held: The A
23
GHISALAL M.AGRAWAL (D)THR.LRS.& ORS. Vs. RAMESHWAR @ RAMU JAWAHARLAL & ANR.

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 16/04/2012

Subject:

Head Note:
24
HIRALAL PANDEY & ORS. Vs. STATE OF U.P.

Coram: A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 17/04/2012

Subject:

Head Note:
25
KULSUM R. NADIADWALA & ORS Vs. STATE OF MAHARASHTRA & ORS

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 17/04/2012

Subject:

Head Note:
26
DESIYA MURPOKKU DRAVIDA KAZHAGAM & ANR. Vs. ELECTION COMMISSION OF INDIA

Coram: ALTAMAS KABIR, SURINDER SINGH NIJJAR, J. CHELAMESWAR

Date of Judgement: 18/04/2012

Subject:

Head Note:
27
VINOD KULSHRESHTHA Vs. UOI AND ORS.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 18/04/2012

Subject:

Head Note:
28
CHANDRIKA CHUNILAL SHAH Vs. ORBIT FINANCE P.LTD.& ORS.

Coram: P. SATHASIVAM, B.S. CHAUHAN

Date of Judgement: 19/04/2012

Subject:

Head Note:
29
UNION OF INDIA & ANR Vs. TALWINDER SINGH

Coram: B.S. CHAUHAN, SWATANTER KUMAR

Date of Judgement: 20/04/2012

Subject:

Head Note:
30
M/S MADHUSUDAN RAYONS P.LTD.& ORS. Vs. COMMR.CEN.EXC.& CUS.SURAT-I

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 20/04/2012

Subject:

Head Note:
31
UNION OF INDIA & ORS. Vs. N.EAST.REG.ATOMIC MIN.WORKERS UNION &ANR

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 20/04/2012

Subject:

Head Note:
32
C.N.RAMAPPA GOWDA Vs. C.C.CHAQNDERGOWDA (D) BY LRS.& ANR

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 23/04/2012

Subject:

Head Note:
33
SANGEETABEN MAHENDRABHAI PATEL Vs. STATE OF GUJARAT & ANR

Coram: B.S. CHAUHAN, JAGDISH SINGH KHEHAR

Date of Judgement: 23/04/2012

Subject:

Head Note:
34
SANTOSH DEVI Vs. NATIONAL INSURANCE CO.LTD.& ORS.

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 23/04/2012

Subject:

Head Note:
35
PRAKASH CHANDRA Vs. NARAYAN

Coram: G.S. SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA

Date of Judgement: 23/04/2012

Subject:

Head Note:
36
SUKHLAL SARKAR Vs. UNION OF INDIA & ORS.

Coram: K.S. RADHAKRISHNAN, DIPAK MISRA

Date of Judgement: 24/04/2012

Subject:

Head Note:
37
RASHTRIYA ISPAT NIGAM LTD. Vs. M/S DEWAN CHAND RAM SARAN

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 25/04/2012

Subject:

Head Note:
38
SHIV KUMAR Vs. STATE OF PUNJAB & ANR.

Coram: H.L. DATTU, ANIL R. DAVE

Date of Judgement: 26/04/2012

Subject:

Head Note:
39
UNION OF INDIA & ORS. Vs. MADHU E.V. & ANR.

Coram: R.M. LODHA, H.L. GOKHALE

Date of Judgement: 26/04/2012

Subject:

Head Note:
40
SRI MARCEL MARTINS Vs. M. PRINTER & ORS.

Coram: T.S. THAKUR, GYAN SUDHA MISRA

Date of Judgement: 27/04/2012

Subject:

Head Note:
41
U.P.POWER CORP.LTD. Vs. RAJESH KUMAR & ORS.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 27/04/2012

Subject:

Head Note:
42
ANEETA HADA Vs. M/S GODFATHER TRAVELS & TOURS PVT.LTD.

Coram: DALVEER BHANDARI, SUDHANSU JYOTI MUKHOPADHAYA, DIPAK MISRA

Date of Judgement: 27/04/2012

Subject:

Head Note:
43
A.SHANMUGAM Vs. ARIYA K.R.K.M.N.P.SANGAM TR.PRES.ETC.

Coram: DALVEER BHANDARI, DIPAK MISRA

Date of Judgement: 27/04/2012

Subject:

Head Note:
44
AVISHEK GOENKA Vs. UNION OF INDIA & ANR.

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 27/04/2012

Subject:

Head Note:
45
AVISHEK GOENKA Vs. UNION OF INDIA & ANR

Coram: S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR

Date of Judgement: 27/04/2012

Subject:

Head Note:
46
EMMANUEL ERIC Vs. STATE OF HARYANA THR.SECRETARY

Coram: H.L. DATTU, CHANDRAMAULI KR. PRASAD

Date of Judgement: 27/04/2012

Subject:

Head Note:
47
P.A.MOHAMMED RIYAS Vs. M.K.RAGHAVAN & ORS.

Coram: ALTAMAS KABIR, J. CHELAMESWAR

Date of Judgement: 27/04/2012

Subject:

Head Note:
48
MEHRAWAL KHEWAJI TRUST(REGD) FARIDT&ORS. Vs. STATE OF PUNJAB & ORS.

Coram: P. SATHASIVAM, J. CHELAMESWAR

Date of Judgement: 27/04/2012

Subject:

Head Note:
49
DEEPAK KHINCHI Vs. STATE OF RAJASTHAN

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 30/04/2012

Subject:

Head Note:
50
UNION OF INDIA & ORS. Vs. RAFIQUE SHAIKH BHIKAN & ANR.

Coram: AFTAB ALAM, RANJANA PRAKASH DESAI

Date of Judgement: 30/04/2012

Subject:

Head Note:

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