Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

The Secretary, Ministry of Commerce & Ors. vs M/s Vinod and Company

Consumer Protection Act, 1986 – s. 2(d), 2(g) and 2(o) – Respondent applied for the grant of an REP licence for which it was entitled to a p…

11 July 2019 · Allowed · D.Y. Chandrachud, M.R. Shah

Civil SC Reportable ✓ HN

M/s. S.E. Graphites Private Limited vs State of Telangana & Ors.

Andhra Pradesh General Sales Tax Act, 1957 – Proviso to s.19 and s.21(2) – Appellate Authority rejected the appeals preferred by the concern…

10 July 2019 · Disposed · A.M. Khanwilkar, Ajay Rastogi

Civil SC Reportable ✓ HN

M/s Hande Wavare & Co. vs Ramchandra Vitthal Dongre & Ors.

Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963– ss.43, 52B – Government of Maharashtra decided to shift t…

10 July 2019 · Disposed · R. Banumathi, R. Subhash Reddy

Civil SC Reportable ✓ HN

Pankaj Prakash vs United India Insurance Co Ltd & Anr.

Service Law: Promotion – Annual Performance Appraisal Report(APAR) – Communication of – Held: Every entry in ACR of a public servant must be…

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

Civil SC Reportable ✓ HN

National Highways Authority of India vs Gayatri Jhansi Roadways Limited

Arbitration: Fee of Arbitrator – Whether to be governed by Fourth Schedule of the Arbitration Act dehors the agreement between the parties –…

10 July 2019 · Disposed · R.F. Nariman, Surya Kant

Civil SC Reportable ✓ HN

R Lakshmikantham vs Devaraji

Contract – Specific performance of – Parties entered into an agreement to sell a suit property for Rs. 3.65 lakhs – Plaintiff paid Rs.5000/-…

10 July 2019 · Allowed · R.F. Nariman, Surya Kant

Civil SC Reportable ✓ HN

Hammad Ahmed vs Abdul Majeed and Ors.

Succession – To the Office of Chief Mutawalli – Dispute between the parties in C.A. No.3382 & 3383 of 2019 was as to who should discharge th…

9 July 2019 · Disposed · Uday Umesh Lalit, Hemant Gupta

Criminal SC Reportable ✓ HN

Vishnu Kumar Tiwari vs State of Uttar Pradesh through Secretary Home, Civil Secretariat Lucknow and Another

VISHNU KUMAR TIWARI v. STATE OF UTTAR PRADESH THROUGH SECRETARY HOME, CIVIL SECRETARIAT LUCKNOW AND ANOTHER (Criminal Appeal No. 1015 of 201…

9 July 2019 · Allowed · Sanjay Kishan Kaul, K.M. Joseph

Civil SC Reportable ✓ HN

Bengal Chemicals and Pharmaceuticals Limited and Others vs Ajit Nain and Another

Public Premises (Eviction of Unauthorized Occupants) Act, 1971: ss. 2(e), 5(1), 7(2) and (2A) – Eviction of unauthorized occupants – On fact…

9 July 2019 · Disposed · R. Banumathi, A.S. Bopanna

Civil SC Reportable ✓ HN

Shiv Darshan Singh vs Rakesh Tiwari, Director General, Archaeological Survey of India (Asi) & Ors.

Contempt of Court: Civil contempt – Contempt petition – Alleging violation of judgment dated 16.1.2012 passed by Supreme Court – Constructio…

9 July 2019 · Uday Umesh Lalit, Indira Banerjee

Civil SC Reportable ✓ HN

Shri Yogiraj Shikshan Prasarak Mandal & Ors. vs Vidya (Dead) Thru Lrs. & Anr.

Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – rr.36 and 37(6) – Inquiry Committee and Procedure of Inquiry…

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

Criminal SC Reportable ✓ HN

P Ramesh vs State Rep by Inspector of Police

Evidence Act, 1872 – s.118 – Competency of child witness – Appellant was tried for the murder of his wife – Convicted by the Sessions Judge…

9 July 2019 · Dismissed · D.Y. Chandrachud, Indira Banerjee

Civil SC Reportable ✓ HN

The State of Madhya Pradesh and Others vs Lafarge Dealers Association and Others

Taxation – Sales Tax – Madhya Pradesh Reorganisation Act, 2000 – ss.78, 79, 80, 85 and 86 – Bifurcation of erstwhile unified State of Madhya…

9 July 2019 · Disposed · Ranjan Gogoi, S. Abdul Nazeer, Sanjiv Khanna

Civil SC Reportable ✓ HN

The Peerless General Finance and Investment Company Ltd. vs Commissioner of Income Tax

Income Tax Act, 1961 – AYs 1985-86 and 1986-97 – Subscriptions received from public at large under collective investment scheme – Difference…

9 July 2019 · Allowed · R.F. Nariman, Sanjiv Khanna

Civil SC Reportable ✓ HN

Raman Singh vs The District Inspector of Schools, Jalaun at Orai & Ors.

Appointment – Adhoc appointment of Teacher – On the basis of leave vacancy – After the leave vacancy ceased to exist, ad hoc appointee absor…

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

Criminal SC Reportable ✓ HN

Randhir Singh vs Union of India & Ors.

Army Act, 1950 – s.120 – Appellant enrolled in the 43 Armed Brigade and at the material time was posted as Acting Lance Dafadar – Allegation…

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

Criminal SC Reportable ✓ HN

Central Bureau of Investigation & Anr. vs Mohd. Parvez Abdul Kayuum etc.

Penal Code, 1860: ss. 120B, 302, 307, 201/120B – ss. 25(1)(B)(a), 27(1) and 5 of Arms Act, 1959 – s. 3(1), (2), (3) and (4) and s.4 of Preve…

5 July 2019 · Disposed · Arun Mishra, Vineet Saran

Criminal SC Reportable ✓ HN

Christopher Raj vs K Vijayakumar

Negotiable Instruments Act, 1881: s.138 – Insufficiency of funds – Dishonour of cheque – Trial court acquitted the appellantaccused – In app…

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