Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Itc Limited vs Blue Coast Hotels Ltd. & Ors.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.13(4) – Grievance of debtor was that…

19 March 2018 · Allowed · S.A. Bobde, L. Nageswara Rao

Constitutional SC Reportable ✓ HN

National Campaign Committee for Central Legislation on Construction Labour (Ncc-Cl) vs Union of India and Ors.

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 – Building and Other Construction Wor…

19 March 2018 · Madan B. Lokur, Deepak Gupta

Criminal SC Reportable ✓ HN

Bimal Gurung vs Union of India & Ors.

Investigation: Transfer of investigation to independent agency – Exercise of power for transferring investigation must be in rare and except…

16 March 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Ganga Malik vs Union of India & Ors.

Writ: Writ of mandamus – Writ petition filed by father of SubInspector of Police who was killed when police party which consisted of his son…

16 March 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Sri Rameshwar Yadav & Ors. vs The State of Bihar & Anr.

Code of Criminal Procedure, 1973 – ss. 205 and 482 – Second respondent filed complaint against her husband and the accused-appellants (paren…

16 March 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Board of Control for Cricket in India vs Kochi Cricket Pvt. Ltd. and etc.

Arbitration and Conciliation (Amendment) Act, 2015: s. 26 – Construction of – Application of s. 36 (substituted by the Amendment Act), in it…

15 March 2018 · Dismissed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

The State of Karnataka & Ors. vs The Karnataka Pawn Brokers Assn. & Ors.

Karnataka Money Lenders Act, 1961 – s.7-A and 7-B – Karnataka Pawn Brokers Act, 1961 – s. 4-A and 4-B – Whether the amendments made to the K…

15 March 2018 · Partly allowed · Madan B. Lokur, Deepak Gupta

Criminal SC Reportable ✓ HN

Union of India vs Indian Radiological and Imaging Association and Ors. etc. etc.

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Determination) Act, 1994: s. 32(1) and (2), and ss. 4, 5 and 6 – Writ…

14 March 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Bar Council of India vs A.K. Balalji and Ors.

Advocates Act, 1961: ss. 24, 29, 47(2) r/w s.49(1)(e) and s.49A – Foreign law firms/lawyers – Permissibility to practice in India – Held: Pr…

13 March 2018 · Disposed · Adarsh Kumar Goel, Uday Umesh Lalit

Civil SC Reportable ✓ HN

Union of India and Anr. vs Raghuwar Pal Singh

Service Law: Appointment – Without approval of competent authority – Termination of service – Without affording opportunity of hearing – Pro…

13 March 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Income Tax Officer, Mumbai vs Venkatesh Premises Cooperative Society Ltd.

INCOME TAX OFFICER, MUMBAI v. VENKATESH PREMISES COOPERATIVE SOCIETY LTD. (Civil Appeal No. 2706 of 2018) MARCH 12, 2018 [R. F. NARIMAN AND…

12 March 2018 · Disposed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

M/s. Fortune Infrastructure (Now Known As M/s. Hicon Infrastructure) & Anr. vs Trevor D’lima & Ors.

Consumer Protection Act, 1986 : Complaint against developer of housing project – By the purchaser of a flat in the project – Alleging defici…

12 March 2018 · Partly allowed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Sivakami & Ors. vs State of Tamil Nadu & Ors.

Judgment/Order: Non-reasoned order – Sustenance of – Writ petition before High Court, challenging land acquisition proceeding, allowed by Si…

12 March 2018 · Allowed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Union of India and Others vs Chaman Rana

Service law: Promotion – Delayed claim for retrospective consideration for promotion from the date of supersession i.e. from the date their…

12 March 2018 · Allowed · Arun Mishra, Navin Sinha

Criminal SC Reportable ✓ HN

Dev Kanya Tiwari vs The State of U.P.

Penal Code, 1860 – s. 302 r/w. s.34 – Prosecution case that brother of complainant-PW-5 was killed by his wife and in-laws – Defence plea th…

12 March 2018 · Allowed · N.V. Ramana, S. Abdul Nazeer

Criminal SC Reportable ✓ HN

Sudhakar @ Sudharasan vs State Rep. by the Inspector of Police, Srirangam Police Station, Trichy, Tamil Nadu

Penal Code, 1860 – s.302 – Prosecution case that appellant was found strangulating the neck of his grandmother with his hands – P.W-1(son-in…

12 March 2018 · Allowed · N.V. Ramana, S. Abdul Nazeer

Criminal SC Reportable ✓ HN

Bannareddy & Ors. vs State of Karnataka & Ors.

Penal Code, 1860 – ss.148, 341, 504, 326 r/w.149 – Prosecution case that accused No.2 picked up quarrel with P.W-2, thereafter on same day,…

12 March 2018 · Allowed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Rameshwar & Others vs State of Haryana & Others

Land Acquisition: Notification u/s. 4 of Land Acquisition Act, 1894 – For setting up of Industrial Township – Objections u/s. 5A filed – Soo…

12 March 2018 · Allowed · Adarsh Kumar Goel, Uday Umesh Lalit