Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

Shree Ram Urban Infrastructure Ltd. & Anr. vs State of Maharashtra & Ors.

Urban Development: Town Planning – Permission to construct residential building to appellant-company – Commencement Certificate granted unde…

24 October 2019 · Disposed · Arun Mishra, Vineet Saran

Civil SC Reportable ✓ HN

Jagjiwan Coop. Group Housing Society Ltd. & Ors. vs Lt. Governor, NCT of Delhi & Ors.

JAGJIWAN COOP. GROUP HOUSING SOCIETY LTD. & ORS. v. LT. GOVERNOR, NCT OF DELHI & ORS. (Civil Appeal No. 3278 of 2012) OCTOBER 24, 2019 [ARUN…

24 October 2019 · Dismissed · Arun Mishra, S. Ravindra Bhat

Civil SC Reportable ✓ HN

Bharat Petroleum Corporation Limited vs Go Airlines (India) Limited

Arbitration and Conciliation Act, 1996 – ss.16, 37 – Counter claims raised by the respondent, whether beyond the scope of reference to arbit…

23 October 2019 · Dismissed · R. Banumathi, A.S. Bopanna, Hrishikesh Roy

Criminal SC Reportable ✓ HN

Shah and S. Ravindra Bhat, Jj.] vs Manohar Lal & Ors. etc.

Justice Delivery System: Practice and Procedure – Recusal of judge – Whether a Judge who has expressed an opinion in a smaller Bench and the…

23 October 2019 · Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, S. Ra

Civil SC Reportable ✓ HN

The State of Manipur & Ors. vs Koting Lamkang

Delay/Laches: Appeal by State – Delay of 312 days in preferring the Regular First Appeal (RFA) – Condonation of – Dismissal of application f…

22 October 2019 · Allowed · R. Banumathi, A.S. Bopanna, Hrishikesh Roy

Criminal SC Reportable ✓ HN

State of Madhya Pradesh vs Udham and Others

Sentencing – Tests for – Complainant lodged report that respondents-accused entered his house, attacked him and the others present with axes…

22 October 2019 · Partly allowed · N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

Criminal SC Reportable ✓ HN

Shri P. Chidambaram vs Central Bureau of Investigation

Bail: Grant or refusal of – Case registered by CBI against appellant–member of parliament and Senior member, u/s. 120B rw s. 420 IPC, ss. 8,…

22 October 2019 · Disposed · R. Banumathi, A.S. Bopanna, Hrishikesh Roy

Civil SC Reportable ✓ HN

Municipal Corpn. of Greater Mumbai vs Harish Lamba of Bombay, Indian Inhabitant & Ors.

Mumbai Municipal Corporation Act, 1888: ss. 139, 140, 141 and 169 – Water tax and water benefit tax – Demand of arrears – Non-payment on the…

22 October 2019 · Allowed · A.M. Khanwilkar, Ajay Rastogi

Civil SC Reportable ✓ HN

Bijay Kumar Singh & Others vs Amit Kumar Chamariya & Anr.

West Bengal Premises Tenancy Act, 1997: s.7 – Scope and ambit of – Held: Section 7 provides a complete mechanism for avoiding eviction on th…

22 October 2019 · Dismissed · L. Nageswara Rao, Hemant Gupta

Civil SC Reportable ✓ HN

Bihar Industrial Area Development Authority & Ors. vs Amit Kumar & Ors.

Industrial Development – Recovery of unearned increase – Entitlement to – An allotment was made to the allottee of a land for industrial pur…

22 October 2019 · Disposed · Deepak Gupta, Aniruddha Bose

Civil SC Reportable ✓ HN

Ramesh Parsram Malani & Ors. vs The State of Telangana & Ors.

Displaced Persons (Compensation & Rehabilitation) Act, 1954 – ss.16, 17 and 20 – Displaced Persons (Compensation & Rehabilitation) Rules, 19…

22 October 2019 · Dismissed · L. Nageswara Rao, Hemant Gupta

Criminal SC Reportable ✓ HN

M. Srikanth vs State of Telangana and Anr.

Code of Criminal Procedure, 1973 –s.482 –Exercise of jurisdiction under – Respondent no.2-complainant filed complaint against nine persons i…

21 October 2019 · Disposed · Navin Sinha, Bhushan Ramkrishna Gavai

Civil SC Reportable ✓ HN

Stressed Assets Stabilization Fund vs West Bengal Small Ind. Development Corporation Ltd. and Anr.

Companies Act, 1956 – s. 535 – Sick Industrial Companies (Special Provisions Act) 1985 – s. 20 – Second respondent, a company was allotted I…

21 October 2019 · Dismissed · Arun Mishra, Vineet Saran, S. Ravindra Bhat

Criminal SC Reportable ✓ HN

State of West Bengal vs Indrajit Kundu & Ors.

Penal Code, 1860 – s.306 r/w s.34 – Abetment of suicide – When not – Victim, daughter of the de-facto complainant was painter and artist – T…

18 October 2019 · Dismissed · Indu Malhotra, R. Subhash Reddy

Civil SC Reportable ✓ HN

S. P. Misra & Ors. vs Mohd. Laiquddin Khan & Anr.

Indian Partnership Act, 1932 – s.42(c) – Predecessor-ininterest of the appellants and that of the respondents entered into partnership for c…

18 October 2019 · Dismissed · Indu Malhotra, R. Subhash Reddy

Civil SC Reportable ✓ HN

Principal Commissioner of Income Tax, Mumbai vs M/s I-Ven Interactive Limited, Mumbai

Income Tax Act, 1961 – s.142(1), Proviso to s.143(2) – Respondent-assessee company filed return of income for 2006-07, declaring total incom…

18 October 2019 · Allowed · Uday Umesh Lalit, Indira Banerjee, M.R. Shah

Criminal SC Reportable ✓ HN

Hooghly Mills Company Ltd. vs The State of West Bengal and Anr.

HOOGHLY MILLS COMPANY LTD. v. THE STATE OF WEST BENGAL AND ANR. (Criminal Appeal No. 1571 of 2019) OCTOBER 17, 2019 [MOHAN M. SHANTANAGOUDAR…

17 October 2019 · Allowed · Mohan M. Shantanagoudar, Ajay Rastogi

Criminal SC Reportable ✓ HN

Uttam Ram vs Devinder Singh Hudan & Anr.

Negotiable Instruments Act, 1881 – s.138 & ss.118, 139 – Respondent purchased apple crops of various growers which was carried out through r…

17 October 2019 · Allowed · L. Nageswara Rao, Hemant Gupta