Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Pimpri Chinchwad New Township Development Authority vs Vishnudev Cooperative Housing Society & Ors.

Land Acquisition Act, 1894 – s.48 – Release of acquired land – Land acquired by the State Government for public purpose – Special Land Acqui…

3 August 2018 · Allowed · Uday Umesh Lalit, Abhay Manohar Sapre

Constitutional SC Reportable ✓ HN

All India Judges Association & Ors. vs Union of India & Ors.

Judiciary: Judicial infrastructure – Importance and need for – Held: A sound infrastructure is the linchpin of a strong and stable judicial…

2 August 2018 · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Union of India through Its Secretary & Ors. vs Maj. Gen. Manomoy Ganguly

Service Law: Appointment – To the post of Director General of Medical Service (Army) [DGMS (Army) ] – Criteria for – Interpretation of crite…

1 August 2018 · Partly allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Narendra Kumar Tiwari & Ors. etc. vs The State of Jharkhand & Ors. etc.

Service Law – Regularisation of daily wage or contract workers – Appellants were irregularly appointed by the State of Jharkhand – Plea of A…

1 August 2018 · Disposed · Madan B. Lokur, Deepak Gupta

Criminal SC Reportable ✓ HN

Dr. Sr. Tessy Jose and Others vs State of Kerala

Protection of Children from Sexual Offences Act, 2012 – s.19(1) r/w. s.21(1) – Prosecution case was that victim was raped when she was minor…

1 August 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Lakshmi Sreenivasa Cooperative Building Society vs Puvvada Rama (Dead) by Lrs. and Ors.

Specific performance: Agreement of sale of land – Suit for specific performance of sale agreement in respect of land – On facts, suit for sp…

31 July 2018 · Dismissed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

Surinder Kumar Khanna vs Intelligence Officer Directorate of Revenue Intelligence

Narcotic Drugs and Psychotropic Substances Act, 1985 – s.21 r/w. s.29 – Conviction of appellant under, based on confessional statements of c…

31 July 2018 · Allowed · Uday Umesh Lalit, Abhay Manohar Sapre

Criminal SC Reportable ✓ HN

T.P. Murugan (Dead) Thr. Lrs. vs Bojan

Negotiable Instruments Act, 1881 – s.139 – Statutory presumption under –Operation of – Appellants after being inducted as Directors in respo…

31 July 2018 · Allowed · R.F. Nariman, Indu Malhotra

Civil SC Reportable ✓ HN

Rani & Ors. vs National Insurance Company Ltd. & Ors.

Motor Vehicles Act, 1988: s.166 – Motor accident – Resulting in death of one and injury to another person – Two separate claims (one by lega…

31 July 2018 · Partly allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Union of India and Anr. vs Sunil Tripathi etc. etc.

Investigation: Preliminary enquiries conducted by CBI – Therein CBI reached the conclusion that it was not a fit case for the CBI to take ov…

31 July 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

The State of Bihar & Ors. vs Bihar Rajya Bhumi Vikas Bank Samiti

Arbitration and Conciliation Act, 1996: s. 34(5) – Whether mandatory or directory – Held: When a provision results in general inconvenience…

30 July 2018 · Allowed · R.F. Nariman, Indu Malhotra

Constitutional SC Reportable ✓ HN

Ruby Tour Services Pvt. Ltd. vs Union of India

Haj Pilgrimage – Allocation of visas for Haj pilgrimage to Private Tour Operators (PTOs) – On facts, applications for registration by PTOs f…

30 July 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Commissioner of Customs (Import), Mumbai vs M/s. Dilip Kumar and Company & Ors.

Tax/Taxation: Exemption Notification – Interpretation of – In case of ambiguity in such Notification, whether the benefit of ambiguity would…

30 July 2018 · Ranjan Gogoi, N.V. Ramana, R. Banumathi, Mohan M. Shantanago

Criminal SC Reportable ✓ HN

State of Madhya Pradesh vs Gangabishan @ Vishnu & Ors.

Penal Code, 1860: ss. 302/149, 325/149, 147, 148, 440 and 304 (Part I) – Prosecution of nine accused u/ss. 302/149, 325/149, 147, 148 and 44…

27 July 2018 · Dismissed · Abhay Manohar Sapre, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Central Board of Trustees vs M/s Indore Composite Pvt. Ltd.

Practice and Procedure – Dismissal of writ petition by unreasoned order – Propriety of – Appellant issued summons to the respondent for non-…

26 July 2018 · Allowed · Abhay Manohar Sapre, Navin Sinha

Civil SC Reportable ✓ HN

M/s. Nandhini Deluxe vs M/s. Karnataka Co-Operative Milk Producers Federation Ltd.

Trade Mark – Similar marks – Respondent, a cooperative federation of the Milk producers of Karnataka adopted the mark ‘NANDINI’ in the year…

26 July 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Union of India vs Dyagala Devamma & Ors.

Land Acquisition: Deduction towards developmental charge – While determining market value of acquired land – For the purpose of granting com…

25 July 2018 · Allowed · Uday Umesh Lalit, Abhay Manohar Sapre

Criminal SC Reportable ✓ HN

Mohammed Zakir vs Shabana & Ors.

Code of Criminal Procedure, 1973 – s.362 – Recalling of the order – High Court recalled its own order, rendering it patently erroneous – Pro…

23 July 2018 · Disposed · Kurian Joseph, Sanjay Kishan Kaul