Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

Mohammed Salim (D) through Lrs. & Ors. vs Shamsudeen (D) through Lrs. & Ors.

Muslim Law – Irregular (Fasid) Marriage – Entitlement of child born out of irregular (fasid) marriage in his father’s properties – Responden…

22 January 2019 · Dismissed · N.V. Ramana, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

V. Surendra Mohan vs State of Tamil Nadu & Ors.

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Tamil Nadu Public Service Commissio…

22 January 2019 · Dismissed · Ashok Bhushan, K.M. Joseph

Civil SC Reportable ✓ HN

Nagpur Improvement Trust & Ors. vs M/s Bombaywala & Ors.

Maharashtra Regional Town Planning Act, 1966 – Purpose of its enactment – Held: To make provisions for planning the development and the use…

22 January 2019 · Disposed · A.K. Sikri, Ashok Bhushan, M.R. Shah

Civil SC Reportable ✓ HN

New Delhi Municipal Council etc. etc. vs Association of Concerned Citizens of New Delhi and Others etc. etc.

NDMC (Determination of Annual Rent) Bye-Laws, 2009 – Writ petitions filed by respondents-assesses challenging the constitutional validity of…

22 January 2019 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Forech India Ltd. vs Edelweiss Assets Reconstruction Co. Ltd.

Insolvency & Bankruptcy Code, 2016 – ss.7, 9, 11, 238, 255 and The Eleventh Schedule – Proceedings u/ss.7 and 9, if independent of winding u…

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

Civil SC Reportable ✓ HN

The State of Himachal Pradesh & Anr. vs Pinju Ram etc.

Service Law – Regularization of part time employees with consequential benefits – The High Court in Moti Singh case specifically held, while…

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

Civil SC Reportable ✓ HN

Rajasthan State Sports Council & Anr. vs Smt. Uma Dadhich & Anr.

Rajasthan State Sports Council Service Rules, 2006 – r.9(4) – Respondent no. 1 was appointed under the Rajasthan State Sports Council as Coa…

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

Civil SC Reportable ✓ HN

Reliance Infrastructure Limited vs State of Maharashtra and Ors.

MERC (Multi Year Tariff) Regulations, 2011 – Regn. 44.2(d) – Jurisdiction to decide validity of regulations – The grievance of the appellant…

21 January 2019 · Disposed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

Anil Kumar vs Union of India and Ors.

CSIR Recruitment & Promotions Rules for Administrative Staff, 1982 – Claim for financial upgradation and promotion – Appellant was aggrieved…

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

Civil SC Reportable ✓ HN

Murti Bhawani Mata Mandir Rep. through Pujari Ganeshi Lal (D) through Lr. Kailash vs Ramesh & Ors.

Code of Civil Procedure, 1908 – s.144 – When not attracted – Suit for permanent injunction instituted by one ‘GL’ for restraining respondent…

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

Criminal SC Reportable ✓ HN

Nand Kishore vs State of Madhya Pradesh

Sentence/Sentencing – Death sentence – Award of – On facts, rape and murder of a minor girl by appellant aged 50 years – Conviction of the a…

18 January 2019 · Partly allowed · S.A. Bobde, L. Nageswara Rao, R. Subhash Reddy

Criminal SC Reportable ✓ HN

Anss Rajashekar vs Augustus Jeba Ananth

Negotiable Instruments Act, 1881 – ss.138 and 139 – Dishonour of cheque – Appeal against conviction – Appellant’s plea was that there was an…

18 January 2019 · Allowed · D.Y. Chandrachud, M.R. Shah

Criminal SC Reportable ✓ HN

Yogendra @ Jogendra Singh vs The State of Madhya Pradesh

Penal Code, 1860 – ss.302, 326(A) and 460 – Murder – Conviction and death sentence – High Court affirmed conviction and sentence – Prosecuti…

17 January 2019 · Allowed · S.A. Bobde, L. Nageswara Rao, R. Subhash Reddy

Constitutional SC Reportable ✓ HN

Indian Hotel and Restaurant a Association (Ahar) & Anr. vs The State of Maharashtra & Ors.

Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016…

17 January 2019 · Partly allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

State of Himachal Pradesh and Anr. vs Parkash Chand

Service Law – Compassionate appointment – Benefit of – Death of respondent’s father while in service – Respondent upon attaining majority ap…

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

Constitutional SC Reportable ✓ HN

Sarvepalli Radhakrishnan University & Another vs Union of India & Others

Penal Code, 1860 – s.193 – False Evidence – False statement made before the Court on the basis of a fabricated document – Petitioner No.2- C…

17 January 2019 · Dismissed · S.A. Bobde, L. Nageswara Rao, R. Subhash Reddy

Criminal SC Reportable ✓ HN

Himanshu vs B. Shivamurthy & Anr.

Negotiable Instruments Act, 1881 – s.141 and Proviso to s.138 – Maintainability of Complaint – When cheque was drawn by a person as a direct…

17 January 2019 · Disposed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

State of Himachal Pradesh & Anr. vs Shashi Kumar

STATE OF HIMACHAL PRADESH & ANR. v. SHASHI KUMAR (Civil Appeal No.988 of 2019) JANUARY 16, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUP…

16 January 2019 · Disposed · D.Y. Chandrachud, Hemant Gupta