Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Medical Council of India vs Lord Buddha Educational Society & Ors.

Establishment of New Medical College Regulations, 1999 – Regulation 8(3)(1)(a) – When attracted – Government of India after granting hearing…

9 October 2018 · Allowed · Arun Mishra, Vineet Saran

Civil SC Reportable ✓ HN

Suzuki Parasrampuria Suitings Pvt. Ltd. vs The Official Liquidator of Mahendra Petrochemicals Ltd. (In Liquidation) and Others

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – Company Petition filed for winding…

8 October 2018 · Dismissed · Ranjan Gogoi, Navin Sinha, K.M. Joseph

Civil SC Reportable ✓ HN

Arcelormittal India Private Limited vs Satish Kumar Gupta & Ors.

Insolvency and Bankruptcy Code, 2016: s.29A – Issue relates to ineligibility of resolution applicants to submit resolution plans after the i…

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

Civil SC Reportable ✓ HN

Hindustan Antibiotics Limited vs Maharashtra Housing and Area Development Authority (Mhada) & Ors.

Arbitration: Dispute between a sick company and the Development Authority – Regarding the land owned by the Company – Writ petition by the C…

4 October 2018 · Disposed · Abhay Manohar Sapre, S. Abdul Nazeer

Civil SC Reportable ✓ HN

The Uttar Bihar Gramin Bank & Ors. vs Narendra Kumar Sinha

Service Law: Dismissal of respondent-employee on three charges of misconduct in performance of official duties – Appellate authority dismiss…

3 October 2018 · Disposed · Uday Umesh Lalit, Abhay Manohar Sapre

Criminal SC Reportable ✓ HN

Ram Lal vs State of Himachal Pradesh

Evidence – Extra-judicial confession – Evidentiary value of – Appellant-peon with the Bank was assigned the job of Cash Clerk – His job was…

3 October 2018 · Partly allowed · R. Banumathi, Indira Banerjee

Civil SC Reportable ✓ HN

Hon’ble Punjab and Haryana High Court at Chandigarh vs State of Punjab and Ors.

Service Law: Inter-se seniority – Between three streams of Superior Judicial Service i.e. promotees, direct recruits and out of turn promote…

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

Civil SC Reportable ✓ HN

Union of India & Anr. vs Mohit Mineral Pvt. Ltd.

Goods and Services Tax (Compensation to States) Act, 2017: Validity of – Held: Is constitutionally valid – Article 270 empowers Parliament t…

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

Constitutional SC Reportable ✓ HN

Telangana Judges Association & Anr. vs Union of India & Ors.

Judiciary: Subordinate judiciary – Recruitment process – Allocation of subordinate judicial officers to the different cadres in two States-S…

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

Civil SC Reportable ✓ HN

M/s Larsen and Toubro Limited Scomi Engineering Bhd vs Mumbai Metropolitan Region Development Authority

Arbitration and Conciliation Act, 1996 – ss. 2(1)(f)(ii), 2(1)(f)(iii) and 11 – International Commercial Arbitration – Contract for developm…

3 October 2018 · Dismissed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Rajasthan Cylinders and Containers Limited vs Union of India and Another

Competition Act, 2002: ss. 3, 19 and 27 – Cartelisation, bid-rigging and collusive bidding – Suo-motu proceedings initiated by Competition C…

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

Constitutional SC Reportable ✓ HN

Kodungallur Film Society & Anr. vs Union of India & Ors.

Constitution of India: Art. 32 – Eruption of mob violence, protests and demonstrations across the nation in the recent past, against cultura…

1 October 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Dr. S. K. Jhunjhunwala vs Mrs. Dhanwanti Kaur & Anr.

Consumer Protection Act, 1986 – Medical Negligence – When not – Appellant performed laparoscopy and thereafter general surgery to remove the…

1 October 2018 · Allowed · Abhay Manohar Sapre, Vineet Saran

Constitutional SC Reportable ✓ HN

Indian Young Lawyers Association & Ors. vs The State of Kerala & Ors.

Constitution of India: Arts. 25, 26 and 15 –Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 – ss. 3, 4 – Kerala Hin…

28 September 2018 · Allowed · Dipak Misra, R.F. Nariman, D.Y. Chandrachud, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

Romila Thapar and Ors. vs Union of India and Ors.

Constitution of India – Art.32 – Writ petition filed by five persons, as next best friend of five activists-accused who were arrested purpor…

28 September 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

Hemudan Nanbha Gadhvi vs State of Gujarat

Penal Code, 1860: s.376(2)(f) – Sexual assault on minor – Accused-appellant was identified by prosecutrix in test identification parade – Ho…

28 September 2018 · Dismissed · Ranjan Gogoi, Navin Sinha, K.M. Joseph

Civil SC Reportable ✓ HN

M. Siddiq (D) Thr. Lrs. vs Mahant Suresh Das and Others etc.

Reference to Larger Bench : Whether Dr. M. Ismail Faruqui and Ors. v. Union of India reported in [1994] 5 Suppl. SCR 1 needs reconsideration…

27 September 2018 · Dipak Misra, Ashok Bhushan, S. Abdul Nazeer

Criminal SC Reportable ✓ HN

Joseph Shine vs Union of India

Penal Code, 1860: s.497 – s. 198 of Cr.P.C – Offence of Adultery – Whether unconstitutional, being violative of Articles 14, 15 and 21 – Hel…

27 September 2018 · Allowed · Dipak Misra, R.F. Nariman, D.Y. Chandrachud, A.M. Khanwilkar