Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

The State of Tamil Nadu Rep. by Sec. and Ors. vs K. Balu and Anr.

Liquor – Sale of – In the State of Himachal Pradesh – In the case of State of Uttarakhand on 4.8.2017, an order was passed accepting prayer…

23 February 2018 · Dipak Misra, Amitava Roy, D.Y. Chandrachud

Civil SC Reportable ✓ HN

Indiabulls Housing Finance Limited vs M/s. Deccan Chronicle Holdings Limited and Others

Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002: ss.2(1)(f), 2(1)(zb), 2(1)(zf) and 2(…

23 February 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

S. Sukumar vs The Secretary, Institute of Chartered Accountants of India & Ors.

Chartered Accountants Act, 1949: ss.25, 29 – Allegation that Multi-National Accounting Firms (MAFs) soliciting professional work in internat…

23 February 2018 · Disposed · Adarsh Kumar Goel, Uday Umesh Lalit

Civil SC Reportable ✓ HN

M/s. Universal Cylinders Limited vs The Commercial Taxes Officer

Rajasthan Sales Tax Act, 1994: ss.2(39), 2(44) – Refund of sales tax – Appellant-assessee manufacturer of cylinders for storage of LPG suppl…

23 February 2018 · Allowed · Madan B. Lokur, Deepak Gupta

Civil SC Reportable ✓ HN

Rajeshwar Mahto vs Alok Kumar Gupta, G.M. M/s Birla Corporation Ltd.

Industrial Disputes Act, 1947 – s.17-B – Order under – Enforcement of – Services of applicant-employee terminated by the employer-Corporatio…

23 February 2018 · Disposed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Upendra Singh vs The State of Bihar and Ors.

Service Law – Regularisation – When not valid – Appellant was appointed in Grade III in non-teaching staff by respondent No.8, a private col…

23 February 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

National Highway Authority of India vs M/s. Progressivemvr (Jv)

Contract – NHAI Contracts – Price adjustment formula, ‘note’ appended thereto – Interpretation of – Respondents-contractors awarded contract…

23 February 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

M/s. Elite Engineering and Construction (Hyd.) Private Limited Rep. by Its Managing Director vs M/s. Teachtrans Construction India Private Limited Rep. by Its Managing Director

Arbitration and Conciliation Act, 1996 – s. 7(5) – Incorporation of arbitration clause in contract by reference – If made out – National Hig…

23 February 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Essar Bulk Terminal Limited & Anr. vs State of Gujarat & Ors.

Indian Ports Act, 1908: s.5 – Notification under – By State Government – For expansion of port limits – Challenged by appellant-Company (who…

22 February 2018 · Dismissed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Akhilesh Singh @ Akhileshwar Singh vs Lal Babu Singh & Ors.

Code of Civil Procedure, 1908: Or. LXI, r.2 proviso and r.27 – Additional evidence – In appellate court – Accepted and simultaneously judgme…

21 February 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Suchet Singh Yadav & Ors. vs Union of India & Ors.

Armed Forces – Pensionary benefits – Claim for higher pay scale – When not valid – In consequence of implementation of Fifth Pay Commission…

21 February 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

M/s. Advanta India Ltd. vs B. N. Shivanna

Advocates Act, 1961– s.48AA – Bar Council of India (BCI) – Power of review – Exercise of – Complaint by appellant against advocate alleging…

21 February 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Union Public Service Commission etc. vs Angesh Kumar & Ors. etc.

Right to Information Act, 2005 – ss. 3, 6, 8, 9 and 11 – Writ petition u/Art. 226 of Constitution – Filed by unsuccessful candidates of the…

20 February 2018 · Disposed · Adarsh Kumar Goel, Uday Umesh Lalit

Civil SC Reportable ✓ HN

Life Insurance Corporation of India vs Nandini J. Shah & Ors.

Letters Patent Appeal: Letters Patent Appeal (LPA) against order passed in Writ petition u/Art. 226/227 – Maintainability of – Held: The Wri…

20 February 2018 · Allowed · Dipak Misra, Amitava Roy, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Surat Singh (Dead) vs Siri Bhagwan & Ors.

Code of Civil Procedure, 1908 : s. 100 – Second appeal – Substantial question of law – On facts, the High Court allowed the second appeal, a…

19 February 2018 · Allowed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Commissioner of Service Tax etc. vs M/s. Bhayana Builders (P) Ltd. etc.

Finance Act, 1994 – s. 65(105)(zzq) and 67 – Service tax – On construction services – Valuation of taxable service – By Notification dated 1…

19 February 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Mahant Lalita Sharanji vs Deoki Devi & Anr.

U.P. Consolidation of Holdings Act, 1953 – ss. 9(2), 11-A – Consolidation proceedings – Appellant-mahant of a temple, owner of plot bearing…

16 February 2018 · Allowed · Madan B. Lokur, Deepak Gupta

Civil SC Reportable ✓ HN

Mahant Lalita Sharanji vs Deoki Devi

Contempt of Court – Construction over the disputed land by respondent, in violation of the interim order – Contempt petition against the res…

16 February 2018 · Madan B. Lokur, Deepak Gupta