Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Naveen Kumar vs Vijay Kumar and Ors.

Motor Vehicles Act, 1988 – s.2(30) – ‘Owner’ – Motor vehicle driven in reverse gear hit two persons – One died on the spot, while the other…

6 February 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Union of India & Anr. vs Pushpavathi & Ors. etc.

Land Acquisition Act, 1894 – ss. 18, 28 and 34 – Collector declining to award interest on compensation u/s. 28A proceedings to the landowner…

6 February 2018 · Dismissed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Commissioner of Customs Central Excise and Service Tax, Guntur vs M/s. the Andhra Sugars Ltd.

Cenvat Credit Rules, 2004 – r. 2(l) – Cenvat Credit – Input services – Place of removal – Assessee took credit of input services namely serv…

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

Civil SC Reportable ✓ HN

Ajayinder Sangwan and Ors. vs K. K. Mohan

Advocates – State Bar Councils – Elections – Application seeking initiation of contempt proceedings against Bar Council of India (BCI) for a…

5 February 2018 · Dismissed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Reliance General Insurance Company Ltd. vs Shalu Sharma & Ors.

Motor Accidents Act, 1988 – Compensation – Award of – Death of self-employed (businessman) aged 42 years in a motor accident – Award of futu…

2 February 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Bengal Chemists & Druggists Assn. vs Kalyan Chowdhury

Companies Act, 2013 – s.421(3) – National Company Law Appellate Tribunal after setting out s.421(3) of the Act, dismissed appeal as not main…

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

Civil SC Reportable ✓ HN

Wg Cdr. Ashwini Kumar Handa (Retd.) vs Union of India & Ors.

Service Law: Refund of pay and allowances – Propriety of – Study leave granted to appellant in terms of Army Instructions 13/78 – Submitted…

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

Civil SC Reportable ✓ HN

Danamma @ Suman Surpur & Anr. vs Amar and Ors.

Hindu Succession (Amendment) Act, 2005 – s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants)…

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

Civil SC Reportable ✓ HN

Commissioner of Central Excise Service Tax vs Ultra Tech Cement Ltd.

Cenvat Credit Rules, 2004 – r.2(I) – Cenvat Credit facility availed by assessee during the period from January, 2010 to June, 2010 on outwar…

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

Civil SC Reportable ✓ HN

Commissioner of Income Tax 5 Mumbai vs M/s. Essar Teleholdings Ltd. through Its Manager

Income Tax Rules, 1962 – r.8D – Said rule providing for machinery to give effect to charging section, i.e. s.14A, Sub-sections (2) and (3) o…

31 January 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Ashish Kumar vs The State of Uttar Pradesh & Ors.

Service Law: Appointment – Denial – Propriety of – Advertisement for appointment to the post of ‘Psychologist’ – After written examination a…

31 January 2018 · Allowed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Authorized Officer, State Bank of Travancore and Another vs Mathew K. C.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – ss.13(4), 17, 18 – Grant of loans by…

30 January 2018 · Allowed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

The Municipal Council, Raghogarh & Anr. vs National Fertilizer Ltd. & Ors.

Municipal Council – External development charges – Liability of National Fertilizers Limited and Gas Authority of India Limited to pay exter…

30 January 2018 · Dismissed · N.V. Ramana, S. Abdul Nazeer

Civil SC Reportable ✓ HN

M/s Neerja Realtors Pvt Ltd vs Janglu (Dead) Thr. Lr.

Code of Civil Procedure, 1908: Or. V, rr. 17 and 20 – Application for susbstituted service – Allowed – Subsequent to substitued service by p…

29 January 2018 · Dismissed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Maya Devi (D) through Lrs & Ors. vs State of Haryana & Anr.

Land Acquisition Act, 1894: ss.23(1), 4(1) – Land acquisition – Determination of compensation – Relevant date – Land acquired by notificatio…

25 January 2018 · Partly allowed · Ranjan Gogoi, R. Banumathi

Civil SC Reportable ✓ HN

Jayaprakash & Anr. vs T. S. David & Ors.

Code of Civil Procedure, 1908 – Or.IX, r.13 – Setting aside of ex parte decree – Suit for specific performance of agreement for sale of suit…

25 January 2018 · Dismissed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

Flora Elias Nahoum & Ors. vs Idrish Ali Laskar

Rent Control and Eviction: West Bengal Premises Tenancy Act, 1956 – s.13(1)(a) – Eviction suit – Claim of, on four grounds, default in payme…

25 January 2018 · Allowed · R.K. Agrawal, Abhay Manohar Sapre

Civil SC Reportable ✓ HN

H. V. Nirmala & Anr. vs R. Sharmila & Anr.

Will: Suit for partition by defendant No. 1 against defendant Nos. 2 and 3 – Based on a Will dated 20.5.1995 – Compromised – Present suit by…

25 January 2018 · Dismissed · R.K. Agrawal, Abhay Manohar Sapre