Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

Zenith Drugs & Allied Agencies Pvt. Ltd. Represented by Its Managing Director, Shri Uday Krishna Paul vs M/s. Nicholas Piramal India Ltd.

Arbitration and Conciliation Act, 1996 – s.8 – Power to refer parties to arbitration where there is an arbitration agreement – RPIL appointe…

30 July 2019 · Allowed · R. Banumathi, A.S. Bopanna

Civil SC Reportable ✓ HN

Marvel Omega Builders Pvt. Ltd. and Anr. vs Shrihari Gokhale and Anr.

Consumer Protection Act, 1986 – s.23 – Respondents booked a residential villa viz., Emerald-07 in a project named ‘Marvel Selva Ridge Estate…

30 July 2019 · Dismissed · Uday Umesh Lalit, Vineet Saran

Criminal SC Reportable ✓ HN

Suryakant Baburao @ Ramrao Phad vs State of Maharashtra and Others

S.C.R. 570 SURYAKANT BABURAO @ RAMRAO PHAD v. STATE OF MAHARASHTRA AND OTHERS (Criminal Appeal No.1161 of 2019) JULY 30, 2019 [R. BANUMATHI…

30 July 2019 · Partly allowed · R. Banumathi, A.S. Bopanna

Civil SC Reportable ✓ HN

Indsil Hydro Power & Manganese Ltd. vs State of Kerala & Ors. etc.

Electricity : Pursuant to the policy decision of State Government to allow the private agencies to set up hydel schemes, the appellant was a…

30 July 2019 · Disposed · D.Y. Chandrachud, Indira Banerjee

Criminal SC Reportable ✓ HN

Vijay Pandey vs State of Uttar Pradesh

VIJAY PANDEY v. STATE OF UTTAR PRADESH (Criminal Appeal No. 1143 of 2019) JULY 30, 2019 [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Narcotic Drugs…

30 July 2019 · Allowed · Ashok Bhushan, Navin Sinha

Criminal SC Reportable ✓ HN

Sunita vs State of Haryana

Penal Code, 1860 – s.302 – Murder – Prosecution case was that one dead body was found burning on ‘Bitora’ (conical storage of cow dung cakes…

30 July 2019 · Allowed · L. Nageswara Rao, Hemant Gupta

Criminal SC Reportable ✓ HN

G. .J. Raja vs Tejraj Surana

Negotiable Instruments Act, 1881 – s.143A inserted by Amendment Act, 2018 w.e.f 01.09.2018 – Operation of – Retrospective or prospective – O…

30 July 2019 · Allowed · Uday Umesh Lalit, Vineet Saran

Civil SC Reportable ✓ HN

Karbhari and Others vs Deepak V. Chengede and Others

Trade Unions Act, 1926 – Kopargaon Taluka Sakhar Kamgar Sabha was registered as Representative Union under the Act and was governed by its C…

30 July 2019 · Dismissed · Uday Umesh Lalit, Vineet Saran

Criminal SC Reportable ✓ HN

Bharatbhai Bhimabhai Bharwad vs State of Gujarat and Others

Bail: Grant of bail – By trial court imposing certain conditions – Application by the complainant u/s. 439(2) Cr.P.C. before High Court chal…

30 July 2019 · Allowed · R. Banumathi, A.S. Bopanna

Civil SC Reportable ✓ HN

Chennai Metropolitan Development Authority Rep. by Its Member-Secretary & Anr. vs Prestige Estates Project Ltd.

Tamil Nadu Town and Country Planning Act, 1971 – ss.48, 49 and 63B – Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenit…

29 July 2019 · Disposed · D.Y. Chandrachud, Indira Banerjee

Civil SC Reportable ✓ HN

Shamsher Singh & Anr. vs Lt. Col. Nahar Singh (D) Thr. Lrs. & Ors.

Code of Civil Procedure, 1908: Or. XXI, r. 101 – Scope of – Pursuant to a court decree possession of the property in question given to the d…

29 July 2019 · Allowed · Ashok Bhushan, Navin Sinha

Civil SC Reportable ✓ HN

Rathin Ghosh vs West Bengal State Electricity Distribution Company Ltd. & Ors.

Service Law – West Bengal State Electricity Board Employees’ Service Regulations – Regns. 61 and 62– Appellant was Superintending Engineer i…

29 July 2019 · Allowed · Ashok Bhushan, Navin Sinha

Civil SC Reportable ✓ HN

Maharashtra Chess Association vs Union of India & Ors.

Constitution of India – Art.226 – Ouster of High Court’s jurisdiction under, in view of existence of alternate remedy under the private agre…

29 July 2019 · Allowed · D.Y. Chandrachud, Indira Banerjee

Criminal SC Reportable ✓ HN

Mauji Ram vs State of Uttar Pradesh & Anr.

Code of Criminal Procedure, 1973: s. 439 – Bail – In a murder case – Denied by Sessions Court – Allowed by High Court – Appeal to Supreme Co…

29 July 2019 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Civil SC Reportable ✓ HN

Rupa Roy vs The New India Assurance Company Ltd. & Anr.

Motor Vehicles Act, 1988 – ss. 166 and 173 – Enhancement of compensation – Appellant and her minor son were travelling in a rickshaw van, on…

29 July 2019 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Civil SC Reportable ✓ HN

Krishna Kumar Rawat & Ors. vs Union of India & Ors.

Income Tax Act, 1961 – ss.269UC, 269UD (1A), 269UE (1), 269UG (4) and Chapter XX-C – Rajasthan Urban Areas (Sub Division) Rules, 1975 – r.11…

29 July 2019 · Disposed · Abhay Manohar Sapre, Dinesh Maheshwari

Civil SC Reportable ✓ HN

Union of India and Others vs Junu Gayary

Penal Code, 1860 – s.302 – Constitution of India – Art.21 – Respondent-writ petitioner filed a writ petition u/Art.21 before the High Court…

26 July 2019 · Allowed · M.R. Shah, A.S. Bopanna

Criminal SC Reportable ✓ HN

Ude Singh & Ors. vs State of Haryana

Penal Code, 1860: s.306 r/w s.34 – Abetment to suicide – Prosecution case was that parties were closely related to each other and living in…

25 July 2019 · Disposed · Abhay Manohar Sapre, Dinesh Maheshwari