Indian Court Judgments — 2018

Criminal SC Reportable ✓ HN

Dataram Singh vs State of Uttar Pradesh & Anr.

Bail: FIR against appellant (accused) u/ss. 419, 420, 406 and 506 IPC and complaint u/s. 138 of Negotiable Instruments Act – During investig…

6 February 2018 · Allowed · Madan B. Lokur, Deepak Gupta

Constitutional SC Reportable ✓ HN

Dr. Akshya Bisoi and Another vs All India Institute of Medical Sciences & Others

Service Law: Inter-se Seniority – Determination of – Sought by filing petition u/Art. 32 of the Constitution – In respect of the selection t…

6 February 2018 · Dismissed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

The State of Karnataka & Ors. vs Shankar Baburao Kangralkar & Anr.

Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 – Recruitment Rules – Inte…

6 February 2018 · Allowed · Madan B. Lokur, Deepak Gupta

Civil SC Reportable ✓ HN

Rithwik Energy Generation Pvt. Ltd. vs Bangalore Electricity Supply Co. Ltd. & Ors. etc.

Electricity: Supply under Open Access System – PPA between appellant and respondent no.1 – State Commission did not accord approval to the P…

6 February 2018 · Dismissed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

M/s Maya Appliances (P) Ltd Now Known As Preethi Kitchen Appliances Pvt. Ltd. vs Addl.Commissioner of Commercial Taxes & Ors.

Karnataka Value Added Tax Rules, 2005 – r.3(2)(c) – Claim for deduction of trade discount from the total turnover – Appellant’s case that it…

6 February 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Naveen Kumar vs Vijay Kumar and Ors.

Motor Vehicles Act, 1988 – s.2(30) – ‘Owner’ – Motor vehicle driven in reverse gear hit two persons – One died on the spot, while the other…

6 February 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Constitutional SC Reportable ✓ HN

Iq City Foundation & Anr. vs Union of India & Ors.

Medical Council Act, 1956 – s.10-A – Petitioner-College sought renewal of permission for admission of 150 students in MBBS course for the ac…

6 February 2018 · Disposed · Dipak Misra, Amitava Roy, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

Madan @ Madhu Patekar vs The State of Maharashtra

Penal Code, 1860: s.302 – Unnatural death by burn injuries – Prosecution case was that the appellant-accused poured kerosene on the victim-d…

6 February 2018 · Dismissed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Union of India & Anr. vs Pushpavathi & Ors. etc.

Land Acquisition Act, 1894 – ss. 18, 28 and 34 – Collector declining to award interest on compensation u/s. 28A proceedings to the landowner…

6 February 2018 · Dismissed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Commissioner of Customs Central Excise and Service Tax, Guntur vs M/s. the Andhra Sugars Ltd.

Cenvat Credit Rules, 2004 – r. 2(l) – Cenvat Credit – Input services – Place of removal – Assessee took credit of input services namely serv…

5 February 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Constitutional SC Reportable ✓ HN

Ajayinder Sangwan and Ors. vs Bar Council of Delhi & Ors.

Advocates – State Bar Councils – Elections: Bar Council of Tamil Nadu and Puducherry – Applications filed by the applicants contending that…

5 February 2018 · Disposed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Ajayinder Sangwan and Ors. vs K. K. Mohan

Advocates – State Bar Councils – Elections – Application seeking initiation of contempt proceedings against Bar Council of India (BCI) for a…

5 February 2018 · Dismissed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Reliance General Insurance Company Ltd. vs Shalu Sharma & Ors.

Motor Accidents Act, 1988 – Compensation – Award of – Death of self-employed (businessman) aged 42 years in a motor accident – Award of futu…

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

Constitutional SC Reportable ✓ HN

The Animal Welfare Board of India & Ors. vs Union of India & Ors.

Reference to larger Bench – Writ petitions filed to quash and set aside a notification dated 7th January, 2016 issued by Union of India and…

2 February 2018 · Dipak Misra, R.F. Nariman

Civil SC Reportable ✓ HN

Bengal Chemists & Druggists Assn. vs Kalyan Chowdhury

Companies Act, 2013 – s.421(3) – National Company Law Appellate Tribunal after setting out s.421(3) of the Act, dismissed appeal as not main…

2 February 2018 · Dismissed · R.F. Nariman, Navin Sinha

Criminal SC Reportable ✓ HN

Union of India vs Leen Martin & Anr.

Narcotic Drugs and Psychotropic Substances Act, 1985 – ss.8(c), 23 – Contraband goods – Recovery of hashish weighing 12.03 kg from responden…

1 February 2018 · Dismissed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Wg Cdr. Ashwini Kumar Handa (Retd.) vs Union of India & Ors.

Service Law: Refund of pay and allowances – Propriety of – Study leave granted to appellant in terms of Army Instructions 13/78 – Submitted…

1 February 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Danamma @ Suman Surpur & Anr. vs Amar and Ors.

Hindu Succession (Amendment) Act, 2005 – s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants)…

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