Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

Fera vs M/s. Premier Limited (Formerly Premier Automobiles Ltd.) & Ors.

Foreign Exchange Regulation Act, 1973 : ss.9(1) (a), 9(1)(c), 16(1), 50-52 and 81 – Repeal of 1973 Act-FERA – Appeals filed thereafter again…

29 January 2019 · Allowed · Abhay Manohar Sapre, Indira Banerjee

Constitutional SC Reportable ✓ HN

Hirandra Kumar vs High Court of Judicature at Allahabad & Anr.

Uttar Pradesh Higher Judicial Service Rules, 1975 : rr. 8, 12 – Challenge to – Rule 8(1) inter alia postulates that from time to time, but n…

29 January 2019 · Dismissed · D.Y. Chandrachud, Hemant Gupta

Criminal SC Reportable ✓ HN

Satya Raj Singh vs State of Madhya Pradesh

Penal Code, 1860 – s.302, 34 – Three accused persons including the appellant were prosecuted for committing murder of one ‘B’ – Appellant co…

28 January 2019 · Dismissed · Abhay Manohar Sapre, Indu Malhotra

Civil SC Reportable ✓ HN

Dr. H. K. Sharma vs Shri Ram Lal

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: s.21(1)(a) – Application under – Seeking eviction on the…

28 January 2019 · Dismissed · Abhay Manohar Sapre, Dinesh Maheshwari

Constitutional SC Reportable ✓ HN

R. Muthukrishnan vs The Registrar General of the High Court of Judicature at Madras

Rules of High Court of Madras, 1970: rr. 14A, 14B, 14C and 14D (as inserted by amendment in 2016) – Empowerment of High Court to debar an ad…

28 January 2019 · Allowed · Arun Mishra, Vineet Saran

Civil SC Reportable ✓ HN

Vijay A. Mittal & Ors. vs Kulwant Rai (Dead) Thr. Lrs. & Anr.

Suit – Specific performance of agreement – Agreement dated 12.06.1979 between the plaintiffs-respondents and the defendant no.1 (now represe…

28 January 2019 · Disposed · Abhay Manohar Sapre, Indu Malhotra

Civil SC Reportable ✓ HN

High Court of Hyderabad for the State of Telangana and State of Andhra Pradesh, through Its Registrar General & Anr. etc. vs P. Murali Mohana Reddy and Ors. etc.

Andhra Pradesh Judicial Service Rules, 2007 – r.6 – Absorption of Adhoc Judges on regular basis – In Brij Mohan Lal case, Supreme Court pres…

25 January 2019 · Disposed · A.K. Sikri, S. Abdul Nazeer

Criminal SC Reportable ✓ HN

Ramesh Sanka vs Union of India & Ors.

Constitution of India – Art.32 – Personal contractual rights inter se the employee and his employer – Petitioner alleged that Respondent No.…

25 January 2019 · Dismissed · Abhay Manohar Sapre, R. Subhash Reddy

Criminal SC Reportable ✓ HN

Brig. Sukhjeet Singh (Retd.) Mvc vs The State of Uttar Pradesh & Ors.

Code of Criminal Procedure, 1973 – s.391 – Additional evidence in Appellate Court – A regimental Welfare Trust owned various immovable prope…

25 January 2019 · Allowed · Ashok Bhushan, K.M. Joseph

Constitutional SC Reportable ✓ HN

Swiss Ribbons Pvt. Ltd. & Anr. vs Union of India & Ors.

Insolvency and Bankruptcy Code, 2016: Constitutional validity of – Held: Provisions of the Code passes constitutional muster. ss. 5(7), 5(8)…

25 January 2019 · Disposed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Britannia Industries Ltd. vs Bombay Agricultural Produce Marketing Committee & Anr.

Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 – s. 2(1)(a) – “Agricultural Produce” – Products “edible oil”, “Vanaspati”…

24 January 2019 · Dismissed · R. Banumathi, R. Subhash Reddy

Criminal SC Reportable ✓ HN

Munishamappa & Ors. vs State of Karnataka

Criminal Law – Appeal against acquittal – Long-standing dispute between families of two brothers, accused no.5 (since deceased) and CW-29 in…

24 January 2019 · Disposed · D.Y. Chandrachud, Vineet Saran

Criminal SC Reportable ✓ HN

Raju Ambadas Gangekar vs The State of Maharashtra

Penal Code, 1860 – s.304, Part II – Murder – Reversal of acquittal – Jurisdiction of Appellate Court – Pursuant to a quarrel, deceased and h…

24 January 2019 · Dismissed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

Gangaram vs The State of Rajasthan

Rajasthan Cinemas (Regulation) Rules, 1959 – r. 68(2), (2-A) – Advertisement issued inviting applications, inter alia, for one post of Proje…

24 January 2019 · Allowed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

M/s. Shanti Conductors (P) Ltd. & Anr. vs Assam State Electricity Board & Ors.

Interest on Delayed Payment to Small Scale Ancillary Industrial Undertakings Act, 1993 – Applicability of the Act, 1993 when the contract fo…

23 January 2019 · Dismissed · A.K. Sikri, Ashok Bhushan, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Rajasthan Small Industries a Corporation Limited vs M/s Ganesh Containers Movers Syndicate

Arbitration and Conciliation Act, 1996 – ss.11 and 15 – Appointment of arbitrator – Terms of contract provided for arbitration by the Managi…

23 January 2019 · Allowed · R. Banumathi, Indira Banerjee

Civil SC Reportable ✓ HN

Vidarbha Irrigation Development Corporation vs M/s Anoj Kumar Agarwala & Ors.

Tenders – Essential tender condition – Non-compliance of – Tender called by the appellant on 06.01.2018 for balance earthwork to be done in…

23 January 2019 · Disposed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

State of Kerala and Anr. vs Mohammed Basheer

Kerala Land Reforms Act, 1963 – s.72(K) and 102 – Respondent filed petition in the Forest Tribunal for settlement of dispute in relation to…

22 January 2019 · Dismissed · S. Abdul Nazeer, Deepak Gupta