Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Transmission Corporation of Andhra Pradesh Limited vs Equipment Conductors and Cables Limited

Insolvency and Bankruptcy Code, 2016 – ss.8 and 9 – Insolvency and Bankruptcy (AAA) Rules, 2016 – r.6 – AppellantTransmission Corporation aw…

23 October 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

The Vice Chancellor, Ranchi University & Ors. vs Jharkhand State Housing Board & Ors.

S.C.R. 1084 THE VICE CHANCELLOR, RANCHI UNIVERSITY & ORS. v. JHARKHAND STATE HOUSING BOARD & ORS. (Civil Appeal No. 8113 of 2009) OCTOBER 23…

23 October 2018 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Constitutional SC Reportable ✓ HN

Kamal Nath vs Election Commission of India and Others

Election laws: Election Manual 2016 – Chapter XI – Clause 11.2.2.2 – Putting draft roll on website – Petitioner seeking publishing/providing…

12 October 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Mallikarjun Kodagali (Dead) Represented through Legal Representatives vs The State of Karnataka & Ors.

Code of Criminal Procedure, 1973: s. 372 proviso (introduced w.e.f. 31.12.2009) – Right of appeal against acquittal to the victim of an offe…

12 October 2018 · Allowed · Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta

Civil SC Reportable ✓ HN

Om Prakash Agarwal Since Deceased Thr. Lrs. & Ors. vs Vishan Dayal Rajpoot & Anr.

Jurisdiction: Jurisdiction of Additional District Judge (as Small Causes Court) – To decide the cases pending before it – After amendment by…

12 October 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Ald Automotive Pvt. Ltd. vs The Commercial Tax Officer Now Upgraded As the Assistant Commissioner (Ct) & Ors.

Tamil Nadu Value Added Tax Act, 2006: s. 19(11) – Input Tax Credit – Claim of – Entitlement to – On facts, appellant-assessee claiming input…

12 October 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

The Income Tax Officer vs Urban Improvement Trust

Income Tax Act, 1961: Section 10(2) Explanation clause (iii) (as amended by Fiance Act, 2002) – Whether Urban Improvement Trust (assessee) c…

12 October 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

M/s. Tvs Motor Company Ltd. vs The State of Tamil Nadu and Others

Tamil Nadu Value Added Tax Act, 2006: s. 19(5)(c) – Input tax credit, set-off against tax liability on all intra-state and interstate sales,…

12 October 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Powai Panchsheel Co-Op Hsg. Society & Anr. vs Maharashtra Housing Area Development Authority (Mhada) & Ors.

Public allotment: State largesse – Disposal of, amongst the citizens – On facts, State Housing Board, by a resolution accepted the offers of…

12 October 2018 · Allowed · Abhay Manohar Sapre, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Sebastiani Lakra & Ors. vs National Insurance Company Ltd. & Anr.

Motor Vehicles Act, 1988: s. 168 – Fatal accident – Claim for compensation – Income of deceased Rs. 58,565/- p.m – Tribunal for the purpose…

12 October 2018 · Allowed · Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta

Criminal SC Reportable ✓ HN

Uppala Bixam @ Bixmaiah vs The State of Andhra Pradesh

Penal Code, 1860: ss. 302 and 201 – Murder – Prosecution case that a shepherd took his sheeps for grazing and did not return home – On basis…

11 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Civil SC Reportable ✓ HN

B. K. Educational Services Private Limited vs Parag Gupta and Associates

Insolvency and Bankruptcy Code, 2016 – s.238A (As inserted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 w.e.f. 06.06.2018)…

11 October 2018 · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Vedanta Ltd. vs Shenzen Shandong Nuclear Power Construction Co. Ltd.

Arbitration and Conciliation Act, 1996 – ss.34 and 37 – Appellant and the Respondent-Company entered into four interrelated contracts for co…

11 October 2018 · Disposed · R.F. Nariman, Indu Malhotra

Criminal SC Reportable ✓ HN

Bilal Hajar @ Abdul Hameed vs State Rep. by the Inspector of Police

Penal Code, 1860 – s. 120-B – Conviction under – Prosecution case was that the nine accused (A-1 to A-9) hatched a criminal conspiracy in th…

10 October 2018 · Dismissed · Abhay Manohar Sapre, Indu Malhotra

Criminal SC Reportable ✓ HN

Pradeep Bisoi @ Ranjit Bisoi vs The State of Odisha

Code of Criminal Procedure, 1973 – s.161 – Statement of injured under, if can be treated as dying declaration after death – Brother of PW-1,…

10 October 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Mohd. Sahid and Others vs Raziya Khanam (D) Thr. Lrs. and Another

Suit – Respondent No.1(since dead) filed suit against the appellants inter alia for permanent injunction against them over the suit land – A…

10 October 2018 · Dismissed · R. Banumathi, Indira Banerjee

Civil SC Reportable ✓ HN

Sushil Kumar Agarwal vs Meenakshi Sadhu & Ors.

Specific Relief Act, 1963 – s.14(3)(c)(i) and (ii) – Specific performance of contract under – Appellant-developer and predecessor-in-interes…

9 October 2018 · Dismissed · D.Y. Chandrachud, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

Dashrath Singh Chauhan vs Central Bureau of Investigation

Prevention of Corruption Act, 1988 – ss.7 and 13(2) r/w 13(1) (d) – Conviction under – When not proper – Complainant (PW-1) lodged FIR again…

9 October 2018 · Allowed · Abhay Manohar Sapre, Indu Malhotra