Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Bangalore Development Authority & Anr. vs The State of Karnataka & Anr.

Bangalore Development Authority Act, 1976 – In 2008 Bangalore Development Authority (BDA) published a scheme and preliminary notification u/…

3 August 2018 · Disposed · Arun Mishra, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Pimpri Chinchwad New Township Development Authority vs Vishnudev Cooperative Housing Society & Ors.

Land Acquisition Act, 1894 – s.48 – Release of acquired land – Land acquired by the State Government for public purpose – Special Land Acqui…

3 August 2018 · Allowed · Uday Umesh Lalit, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Union of India through Its Secretary & Ors. vs Maj. Gen. Manomoy Ganguly

Service Law: Appointment – To the post of Director General of Medical Service (Army) [DGMS (Army) ] – Criteria for – Interpretation of crite…

1 August 2018 · Partly allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Narendra Kumar Tiwari & Ors. etc. vs The State of Jharkhand & Ors. etc.

Service Law – Regularisation of daily wage or contract workers – Appellants were irregularly appointed by the State of Jharkhand – Plea of A…

1 August 2018 · Disposed · Madan B. Lokur, Deepak Gupta

Civil SC Reportable ✓ HN

Lakshmi Sreenivasa Cooperative Building Society vs Puvvada Rama (Dead) by Lrs. and Ors.

Specific performance: Agreement of sale of land – Suit for specific performance of sale agreement in respect of land – On facts, suit for sp…

31 July 2018 · Dismissed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Rani & Ors. vs National Insurance Company Ltd. & Ors.

Motor Vehicles Act, 1988: s.166 – Motor accident – Resulting in death of one and injury to another person – Two separate claims (one by lega…

31 July 2018 · Partly allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Union of India and Anr. vs Sunil Tripathi etc. etc.

Investigation: Preliminary enquiries conducted by CBI – Therein CBI reached the conclusion that it was not a fit case for the CBI to take ov…

31 July 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

The State of Bihar & Ors. vs Bihar Rajya Bhumi Vikas Bank Samiti

Arbitration and Conciliation Act, 1996: s. 34(5) – Whether mandatory or directory – Held: When a provision results in general inconvenience…

30 July 2018 · Allowed · R.F. Nariman, Indu Malhotra

Civil SC Reportable ✓ HN

Commissioner of Customs (Import), Mumbai vs M/s. Dilip Kumar and Company & Ors.

Tax/Taxation: Exemption Notification – Interpretation of – In case of ambiguity in such Notification, whether the benefit of ambiguity would…

30 July 2018 · Ranjan Gogoi, N.V. Ramana, R. Banumathi, Mohan M. Shantanago

Civil SC Reportable ✓ HN

Central Board of Trustees vs M/s Indore Composite Pvt. Ltd.

Practice and Procedure – Dismissal of writ petition by unreasoned order – Propriety of – Appellant issued summons to the respondent for non-…

26 July 2018 · Allowed · Abhay Manohar Sapre, Navin Sinha

Civil SC Reportable ✓ HN

M/s. Nandhini Deluxe vs M/s. Karnataka Co-Operative Milk Producers Federation Ltd.

Trade Mark – Similar marks – Respondent, a cooperative federation of the Milk producers of Karnataka adopted the mark ‘NANDINI’ in the year…

26 July 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Union of India vs Dyagala Devamma & Ors.

Land Acquisition: Deduction towards developmental charge – While determining market value of acquired land – For the purpose of granting com…

25 July 2018 · Allowed · Uday Umesh Lalit, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Shyam Sunder Agarwal vs P. Narotham Rao and Ors.

Arbitration and Conciliation Act, 1996 – Memorandum of Understanding (MoU)/Agreement executed between the parties for sale and purchase of s…

23 July 2018 · Disposed · R.F. Nariman, Indu Malhotra

Civil SC Reportable ✓ HN

Bhaskar Shrachi Alloys Ltd. Etc.Etc. vs Damodar Valley Corporation & Ors. etc.

Electricity – Supply/distribution of electricity generated by Damodar Valley Corporation – Determination of tariff for – Interplay between t…

23 July 2018 · Dismissed · Ranjan Gogoi, R. Banumathi

Civil SC Reportable ✓ HN

Nutan Rani and Anr. vs Gurmail Singh and Ors.

Motor Vehicles Act, 1988 – s. 166 – Compensation – Award of – Death in motor accident of 30 years old salesman having salary of Rs.3,000 per…

20 July 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Indian Bank & Anr. vs K Pappireddiyar & Anr.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - ss. 31(i), 2(zf) – Security interest…

20 July 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Reliance Cellulose Products Ltd. vs Oil and Natural Gas Corporation Ltd.

Arbitration Act, 1940 - Pre-reference, pendente lite interest and future interest – Power of arbitrator to award – On facts, disputes betwee…

20 July 2018 · Disposed · R.F. Nariman, Indu Malhotra

Civil SC Reportable ✓ HN

Currency Note Press & Anr. vs N. N. Sardesai & Ors.

Industrial Disputes Act, 1947 – s. 33-C(2) – Overtime wages – Claim for – Applications by employees claiming overtime wages for work claimed…

20 July 2018 · Dismissed · Abhay Manohar Sapre, S. Abdul Nazeer