Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

N. C. Bansal vs Uttar Pradesh Financial Corporation & Anr.

Code of Civil Procedure, 1908 – Or.7, r.14 and Or.6, r.17 – Whether in the pending suit in question, the two Courts below were justified in…

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

Civil SC Reportable ✓ HN

Karnataka Live Band Restaurants Association vs State of Karnataka & Ors.

The Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005 – Constitutionality of – Order of 2005 framed u…

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

Civil SC Reportable ✓ HN

Surender Singh vs State of Haryana & Ors.

Land Acquisition Act, 1894 – Compensation – Acquisition of large chunk of land measuring around 520 acres 02 Kanals and 13.5 Marlas situated…

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

Civil SC Reportable ✓ HN

The State of Madhya Pradesh & Ors. vs Manoj Sharma & Ors.

University Grants Commission (Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations, 2009 – Regulations 3, 5 – O…

25 January 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Kanaklata Das & Ors. vs Naba Kumar Das & Ors.

Code of Civil Procedure, 1908 – Or. I, r.10(2) – Respondent No.1 sought permission u/Or. I, r.10(2) to become co-plaintiff in the ejectment…

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

Civil SC Reportable ✓ HN

Competition Commission of India vs M/s Fast Way Transmission Pvt. Ltd.

Competition Act, 2002 – ss.3, 4 and 27 – Cable TV network – Respondent No.5 (Broadcaster of a News Channel) entered into various agreements…

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

Civil SC Reportable ✓ HN

Dheeraj Mor vs Hon’ble High Court of Delhi

Constitution of India: Art. 233 – Appointment of District Judges, by way of direct recruitment – Whether the eligibility for appointment is…

23 January 2018 · Kurian Joseph, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

M/s. Indian Farmers Fertilizer Co-Operative Limited vs M/s Bhadra Products

Arbitration and Conciliation Act, 1996 – ss. 2(c), 31(6), 32 and 34 – Interim Arbitral Award – Whether an award delivered by an Arbitrator,…

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

Civil SC Reportable ✓ HN

Orissa Lift Irrigation Corp. Ltd. vs Rabi Sankar Patro & Ors.

Education/Educational Institutions: Engineering degree – Acquired through Distance Education mode – From deemed to be University – Held by S…

22 January 2018 · Disposed · Adarsh Kumar Goel, Uday Umesh Lalit

Civil SC Reportable ✓ HN

Ramrao Lala Borse and Anr. vs New India Assurance Company Ltd. and Anr.

Motor Vehicles Act, 1988: s.166 – Fatal accident of a 29 years old bachelor – Claim for compensation by his parents (agd 65 and 50 years) –…

19 January 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Pappu and Ors. vs Vinod Kumar Lamba and Anr.

Motor Vehicles Act, 1988: s. 149(2)(a)(ii) – Motor vehicle accident – Liability of the insurance company – Onus to prove that offending vehi…

19 January 2018 · Disposed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Shri Nagar Mal and Ors. vs The Oriental Insurance Company Ltd. and Ors.

Motor Vehicles – Motor Accident Claim – 20 year old son of appellant died in an accident – Claims Tribunal (MACT) adopted income of the dece…

19 January 2018 · Allowed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Anil & Ors. vs New India Assurance Co. Ltd. & Ors.

Motor Vehicles – Accident – Claim for compensation – Tractor ran over the deceased – Tribunal held that the accident had occurred due to the…

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

Civil SC Reportable ✓ HN

National Travel Services vs Commissioner of Income Tax, Delhi, Viii

Income Tax Act, 1961: s.2(22)(e) (as amended in 1988) – Applicability of – Partnership firm purchased shares in the name of two of its partn…

18 January 2018 · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

Maharashtra State Electricity Distribution Company Ltd. vs M/s. Datar Switchgear Limited & Ors.

Arbitration and Conciliation Act, 1996 – s.34 – Contract between parties – Termination of, on ground of fundamental breach – Propriety of –…

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

Civil SC Reportable ✓ HN

Commissioner of Central Excise Belgaum vs M/s. Vasavadatta Cements Ltd.

CENVAT Credit Rules, 2004: r. 2(1) – CENVAT credit – Entitlement to – On input service. i.e. tax paid on transportation of final products fr…

17 January 2018 · Disposed · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

United Biotech Private Limited vs Orchid Chemicals and Pharmaceuticals Limited and Ors.

Trade and Merchandise Marks Act, 1958 – ss. 46/56 and ss. 111/107 – Judgment dated 29-11-17 in Patel Field Marshal Agencies and Anr. versus…

17 January 2018 · Allowed · Ranjan Gogoi, Navin Sinha

Civil SC Reportable ✓ HN

Smt. K. A. Annamma vs The Secretary, Cochin Co-Operative Hospital Society Ltd.

Industrial Disputes Act, 1947 – Service dispute – Jurisdiction of the labour court – On facts, service dispute between a co-operative societ…

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