Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

M/s. S.E. Graphites Private Limited vs State of Telangana & Ors.

Andhra Pradesh General Sales Tax Act, 1957 – Proviso to s.19 and s.21(2) – Appellate Authority rejected the appeals preferred by the concern…

10 July 2019 · Disposed · A.M. Khanwilkar, Ajay Rastogi

Civil SC Reportable ✓ HN

M/s Hande Wavare & Co. vs Ramchandra Vitthal Dongre & Ors.

Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963– ss.43, 52B – Government of Maharashtra decided to shift t…

10 July 2019 · Disposed · R. Banumathi, R. Subhash Reddy

Civil SC Reportable ✓ HN

Pankaj Prakash vs United India Insurance Co Ltd & Anr.

Service Law: Promotion – Annual Performance Appraisal Report(APAR) – Communication of – Held: Every entry in ACR of a public servant must be…

10 July 2019 · Allowed · D.Y. Chandrachud, Indira Banerjee

Civil SC Reportable ✓ HN

National Highways Authority of India vs Gayatri Jhansi Roadways Limited

Arbitration: Fee of Arbitrator – Whether to be governed by Fourth Schedule of the Arbitration Act dehors the agreement between the parties –…

10 July 2019 · Disposed · R.F. Nariman, Surya Kant

Civil SC Reportable ✓ HN

R Lakshmikantham vs Devaraji

Contract – Specific performance of – Parties entered into an agreement to sell a suit property for Rs. 3.65 lakhs – Plaintiff paid Rs.5000/-…

10 July 2019 · Allowed · R.F. Nariman, Surya Kant

Civil SC Reportable ✓ HN

Hammad Ahmed vs Abdul Majeed and Ors.

Succession – To the Office of Chief Mutawalli – Dispute between the parties in C.A. No.3382 & 3383 of 2019 was as to who should discharge th…

9 July 2019 · Disposed · Uday Umesh Lalit, Hemant Gupta

Civil SC Reportable ✓ HN

Bengal Chemicals and Pharmaceuticals Limited and Others vs Ajit Nain and Another

Public Premises (Eviction of Unauthorized Occupants) Act, 1971: ss. 2(e), 5(1), 7(2) and (2A) – Eviction of unauthorized occupants – On fact…

9 July 2019 · Disposed · R. Banumathi, A.S. Bopanna

Civil SC Reportable ✓ HN

Shiv Darshan Singh vs Rakesh Tiwari, Director General, Archaeological Survey of India (Asi) & Ors.

Contempt of Court: Civil contempt – Contempt petition – Alleging violation of judgment dated 16.1.2012 passed by Supreme Court – Constructio…

9 July 2019 · Uday Umesh Lalit, Indira Banerjee

Civil SC Reportable ✓ HN

Shri Yogiraj Shikshan Prasarak Mandal & Ors. vs Vidya (Dead) Thru Lrs. & Anr.

Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – rr.36 and 37(6) – Inquiry Committee and Procedure of Inquiry…

9 July 2019 · Disposed · D.Y. Chandrachud, Indira Banerjee

Civil SC Reportable ✓ HN

The State of Madhya Pradesh and Others vs Lafarge Dealers Association and Others

Taxation – Sales Tax – Madhya Pradesh Reorganisation Act, 2000 – ss.78, 79, 80, 85 and 86 – Bifurcation of erstwhile unified State of Madhya…

9 July 2019 · Disposed · Ranjan Gogoi, S. Abdul Nazeer, Sanjiv Khanna

Civil SC Reportable ✓ HN

The Peerless General Finance and Investment Company Ltd. vs Commissioner of Income Tax

Income Tax Act, 1961 – AYs 1985-86 and 1986-97 – Subscriptions received from public at large under collective investment scheme – Difference…

9 July 2019 · Allowed · R.F. Nariman, Sanjiv Khanna

Civil SC Reportable ✓ HN

Raman Singh vs The District Inspector of Schools, Jalaun at Orai & Ors.

Appointment – Adhoc appointment of Teacher – On the basis of leave vacancy – After the leave vacancy ceased to exist, ad hoc appointee absor…

8 July 2019 · Disposed · D.Y. Chandrachud, Indira Banerjee

Civil SC Reportable ✓ HN

Steel Authority of India Ltd. & Anr. vs Jaggu & Ors. etc.

Minimum Wages Act, 1948 – ss.2(e), 2(i), 3, 7, 8 and 20(1) – Scheme of the Act – Tripartite memorandum of settlement signed by the appellant…

5 July 2019 · Disposed · A.M. Khanwilkar, Ajay Rastogi

Civil SC Reportable ✓ HN

The Director Steel Authority of India Ltd. vs Ispat Khadan Janta Mazdoor Union

Contract Labour (Regulation & Abolition) Act, 1970 – ss.7, 10(1), 12, 23 and 25 – Tripartite agreement entered between the appellant, contra…

5 July 2019 · Disposed · A.M. Khanwilkar, Ajay Rastogi

Civil SC Reportable ✓ HN

Niravkumar Dilipbhai Makwana vs Gujarat Public Service Commission & Ors.

Service Law: Selection – Of a candidate who availed age relaxation as a reserved category candidate – Whether has to be under reserved categ…

4 July 2019 · Dismissed · S. Abdul Nazeer, Indira Banerjee

Civil SC Reportable ✓ HN

State of Meghalaya vs All Dimasa Students Union, Dima-Hasao District Committee & Ors.

National Green Tribunal Act, 2010: ss.14, 15 and 16 – Jurisdiction of National Green Tribunal (NGT) – Orders by NGT imposing ban on mining –…

3 July 2019 · Disposed · Ashok Bhushan, K.M. Joseph

Civil SC Reportable ✓ HN

Sopanrao & Anr. vs Syed Mehmood & Ors.

Limitation Act, 1963 – Art. 65 – Suit filed by Respondent Nos.1 to 4 (plaintiffs) before the trial court against the present appellants (def…

3 July 2019 · Dismissed · N.V. Ramana, Deepak Gupta, Indira Banerjee

Civil SC Reportable ✓ HN

Amit Kumar Roy vs Union of India & Ors.

Service Law: Right to depart from service – Of person enrolled as a member of Air Force – Held: A person who has been enrolled as a member o…

3 July 2019 · Disposed · D.Y. Chandrachud, Hemant Gupta