Indian Court Judgments — 2018

Criminal SC Reportable ✓ HN

State of Himachal Pradesh vs Trilok Chand & Anr.

Narcotic Drugs and Psychotropic Substances Act, 1985 – s.55 – Contraband goods – Recovery of – Conviction of respondentsaccused under s.20 a…

17 January 2018 · Dismissed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Commissioner of Central Excise Belgaum vs M/s. Vasavadatta Cements Ltd.

CENVAT Credit Rules, 2004: r. 2(1) – CENVAT credit – Entitlement to – On input service. i.e. tax paid on transportation of final products fr…

17 January 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Mauvin Godinho vs State of Goa

Prevention of Corruption Act, 1988: ss. 13(1)(d)(i) and 13(1)(d)(ii) r/w s.120-B IPC – Appellantsaccused were charged for offences punishabl…

17 January 2018 · Disposed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

United Biotech Private Limited vs Orchid Chemicals and Pharmaceuticals Limited and Ors.

Trade and Merchandise Marks Act, 1958 – ss. 46/56 and ss. 111/107 – Judgment dated 29-11-17 in Patel Field Marshal Agencies and Anr. versus…

17 January 2018 · Allowed · Ranjan Gogoi, Navin Sinha

Civil SC Reportable ✓ HN

Smt. K. A. Annamma vs The Secretary, Cochin Co-Operative Hospital Society Ltd.

Industrial Disputes Act, 1947 – Service dispute – Jurisdiction of the labour court – On facts, service dispute between a co-operative societ…

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

Civil SC Reportable ✓ HN

Tripurari Sharan and Anr. vs Ranjit Kumar Yadav & Ors.

Education/Educational Institutions – Admission to medical courses – Procedure to be followed in case of a Meritorious Reserved Candidate (MR…

11 January 2018 · Dismissed · Arun Mishra, Mohan M. Shantanagoudar

Constitutional SC Reportable ✓ HN

Russel Joy vs Union of India & Ors.

Constitution of India – Art. 32 – 121 years old Mullaperiyar dam in the State of Kerala, Chief Engineer of the dam project envisaged the lif…

11 January 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Ramji Singh Patel vs Gyan Chandra Jaiswal

Code of Civil Procedure, 1908 – s.100 – Second appeal – Respondent ran the business of flour mill (Atta Chakki) etc., since 1990, which init…

11 January 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

The Secretary, Kerala State Coastal Management Authority vs Dlf Universal Limited

Environmental Laws: Environment clearance – Coastal Regulation Zone (CRZ) Notification – Violation of – Regularisation of illegal constructi…

10 January 2018 · Disposed · R.F. Nariman, Sanjay Kishan Kaul

Civil SC Reportable ✓ HN

I. C. Sharma vs The Oriental Insurance Co. Ltd.

Insurance – Householder Insurance – Appellant purchased a householder insurance policy from the respondent-Insurance Company, wherein covera…

10 January 2018 · Disposed · Madan B. Lokur, Deepak Gupta

Criminal SC Reportable ✓ HN

Lavghanbhai Devjibhai Vasava vs The State of Gujarat

Penal Code, 1860 – s.302 – Conviction under – If justified – Deceased died during treatment after being hit by appellant-accused (deceased’s…

10 January 2018 · Partly allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Urmila Devi and Others vs The Deity, Mandir Shree Chamunda Devi, through Temple Commissioner and Others

Specific Relief Act, 1963: s.21 – Compensation in certain cases – Respondent no.2 to 6 (defendant no 1 to 5) agreed to sell land to predeces…

10 January 2018 · Partly allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Ex Sig. Man Kanhaiya Kumar vs Union of India & Ors.

Army Act, 1950 – ss.20(3), 122(4) – Dismissal from service – Propriety of – Appellant, enrolled in Army as Sepoy/Washerman, dismissed from s…

9 January 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Constitutional SC Reportable ✓ HN

Shyam Narayan Chouksey vs Union of India & Others

National Anthem/National Flag – Constitution of India – Art.32 – Petitioner, a public spirited person, sought direction commanding the respo…

9 January 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Criminal SC Reportable ✓ HN

State of Himachal Pradesh vs Raj Kumar

Penal Code, 1860 – ss.302, 201 r/w.34 – Case based on circumstantial evidence – Deceased was residing with PW1 (son), PW2 (daughter) and acc…

8 January 2018 · Allowed · Uday Umesh Lalit, R. Banumathi

Civil SC Reportable ✓ HN

Union Territory, Chandigarh Administration and Ors. vs Pradeep Kumar and Another

Service law: Appointment – Disciplined force – Post of constable – Whether the candidature of respondents who had disclosed their involvemen…

8 January 2018 · Allowed · Uday Umesh Lalit, R. Banumathi

Civil SC Reportable ✓ HN

Nagaiah and Another vs Smt. Chowdamma (Dead) by Lrs. and Another

Code of Civil Procedure, 1908: Or. XXXII, rr.1,3,6,7,9,12,13 and 14 – Suit by plaintiff No.1 on his as well as on behalf of his minor brothe…

8 January 2018 · Allowed · Arun Mishra, Mohan M. Shantanagoudar

Criminal SC Reportable ✓ HN

Dineshbhai Chandubhai Patel vs State of Gujarat & Ors.

DINESHBHAI CHANDUBHAI PATEL v. STATE OF GUJARAT & ORS. (Criminal Appeal No. 12 of 2018) JANUARY 05, 2018 [R. K. AGRAWAL AND ABHAY MANOHAR SA…

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