Indian Court Judgments — 2019

Criminal SC Reportable ✓ HN

Kalabai vs State of Madhya Pradesh

Penal Code, 1860: ss. 304 Part II and 302 – Murder – Dying declaration – On facts, quarrel between the victim and her husband and during the…

30 April 2019 · Partly allowed · Ashok Bhushan, K.M. Joseph

Civil SC Reportable ✓ HN

Moons Technologies Ltd. (Formerly Known As Financial Technologies India Ltd.) & Ors. vs Union of India

Companies Act, 1956: s.396 – Constitutionality of – Held: s.396 provides for compulsory amalgamation of companies in public interest – Art.3…

30 April 2019 · Disposed · R.F. Nariman, Vineet Saran

Civil SC Reportable ✓ HN

Snowtex Investment Limited vs Principal Commissioner of Income Tax, Central-2, Kolkata

Income Tax Act, 1961: ss.43(5)(d), 73 – Assessment year 20082009 – Assessee-NBFC having sole business of share trading – Transacting in futu…

30 April 2019 · Dismissed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

Narendra Kumar vs Chairman and Managing Director, Syndicate Bank & Ors.

Service Law: Pension – Qualifying period for pension – Interruption in service – Appellant working as law officer in respondent-bank (parent…

30 April 2019 · Allowed · S.A. Bobde, Sanjay Kishan Kaul, Indira Banerjee

Civil SC Reportable ✓ HN

The State of Rajasthan vs Nemi Chand Mahela and Others

Precedents – Law of precedents – “Scarecrow” of a litigation – Conflicting decisions that fail to respect and follow the precedent set by Su…

30 April 2019 · Disposed · L. Nageswara Rao, Sanjiv Khanna

Criminal SC Reportable ✓ HN

Govind Singh vs The State of Chhattisgarh

Penal Code, 1860: s.300 Exception 4 and s.304 (Par II) – Prosecution of appellant-accused u/s. 302 – For causing death of his daughter (dece…

29 April 2019 · Allowed · R. Banumathi, R. Subhash Reddy

Civil SC Reportable ✓ HN

Hindustan Sanitaryware and Industries Ltd. & Others vs The State of Haryana

Minimum Wages Act, 1948: s. 5(2) – Fixing or revising the minimum rates of wages – Issuance of Notification dated 27.06.2007 and 21.10.2015…

29 April 2019 · Allowed · L. Nageswara Rao, M.R. Shah

Civil SC Reportable ✓ HN

Sameer Kapoor and Another vs The State through Sub-Division Magistrate South, New Delhi and Others

Succession Act, 1925: s. 276 – Applications for grant of probate or letters of administration – Applicability of Art. 137 – Held: Art. 137 i…

29 April 2019 · Dismissed · L. Nageswara Rao, M.R. Shah

Civil SC Reportable ✓ HN

The State Bank of India & Others vs P. Soupramaniane

Banking Regulation Act, 1949 – s.10(1)(b)(i) – Respondent, working as Messenger in the State Bank of India stabbed one ‘K’ and one ‘S’ with…

26 April 2019 · Dismissed · L. Nageswara Rao, M.R. Shah

Civil SC Reportable ✓ HN

Mallikarjunaiah vs Nanjaiah & Ors.

Suit – Declaration of title – According to the appellantplaintiff, the suit land fell to his share after the death of his father by a partit…

26 April 2019 · Allowed · Abhay Manohar Sapre, Dinesh Maheshwari

Criminal SC Reportable ✓ HN

N. Ramamurthy vs State by Central Bureau of Investigation, A.C.B., Bengaluru

Code of Criminal Procedure, 1973: s. 389 – Suspension of sentence pending the appeal – On facts, appellant convicted and sentenced for the o…

26 April 2019 · Disposed · Abhay Manohar Sapre, Dinesh Maheshwari

Criminal SC Reportable ✓ HN

Vikram Johar vs The State of Uttar Pradesh & Anr.

Penal Code, 1860 – ss. 504, 506 and 383, 384, 471 – Respondent No.2-complainant, was partner of a Company engaged in business of wood proces…

26 April 2019 · Allowed · Ashok Bhushan, K.M. Joseph

Criminal SC Reportable ✓ HN

Rajan vs The Home Secretary, Home Department of Tamil Nadu and Ors.

Sentence/Sentencing: Remission of sentence – Petitioner was sentenced to 7 years RI for offence punishable u/s. 395 IPC and for 5 years impr…

25 April 2019 · Disposed · A.M. Khanwilkar, Ajay Rastogi

Civil SC Reportable ✓ HN

Hirabai (D) Thr. L.Rs. & Ors. vs Ramniwas Bansilal Lakhotiya (D) by L.Rs. & Ors.

Suit – Collusive suit to avoid execution of decree – Defendant No.3/respondent No.3 sold the suit property to one ‘B’ by registered sale dee…

25 April 2019 · Dismissed · Abhay Manohar Sapre, Dinesh Maheshwari

Civil SC Reportable ✓ HN

M/s Trimex Sands Pvt. Limited & Anr. vs Union of India & Ors.

Judgments/Orders – Statement made by the counsel on the basis of incorrect/wrong briefing – Respondent No.3 filed writ petition against resp…

25 April 2019 · Abhay Manohar Sapre, Dinesh Maheshwari

Civil SC Reportable ✓ HN

Suman Jindal & Anr. vs M/s Adarsh Developers

Consumer Disputes: Cancellation of allotment of housing apartment – By developer of the property – On the ground that the allottee had faile…

25 April 2019 · Allowed · D.Y. Chandrachud, Hemant Gupta

Criminal SC Reportable ✓ HN

Dipakbhai Jagdishchandra Patel vs State of Gujarat and Another

Code of Criminal Procedure, 1973: s.482 – Petition filed by appellant challenging the complaint and the order passed by Sessions Court rejec…

24 April 2019 · Allowed · Ashok Bhushan, K.M. Joseph

Civil SC Reportable ✓ HN

Reliance Life Insurance Co Ltd & Anr. vs Rekhaben Nareshbhai Rathod

Consumer Protection Act, 1986: Deficiency of service – Insurance policy – Repudiation of claim – Spouse of the respondent took a policy from…

24 April 2019 · Allowed · D.Y. Chandrachud, Hemant Gupta