Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

Bharati Reddy vs The State of Karnataka & Ors.

Constitution of India: Art. 226 – Writ of quo warranto – Issuance of, when – On facts, appellant got elected to the post of Adhyaksha of Zil…

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

Civil SC Reportable ✓ HN

Andanur Kalamma and Ors. vs Gangamma (Dead) by L.Rs.

Code of Civil Procedure, 1908: s.11 – Res judicata – Auction sale of property in question confirmed in favour of respondents – Challenged by…

6 March 2018 · Dismissed · Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Civil SC Reportable ✓ HN

Sitaram vs Radhey Shyam Vishnav & Ors.

Rajasthan Municipalities Election Petition Rules, 2009: rr. 3(5)(d) and 7(3) – Election to the post of Chairperson of Municipal Corporation…

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

Civil SC Reportable ✓ HN

Anu Bhandari vs Pradip Bhandari

Hindu Marriage Act, 1955 – s.13B – Divorce by mutual consent – Appellant and respondent married in 1997, living separately since March 2011,…

5 March 2018 · Disposed · Kurian Joseph, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

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

Liquor – Sale of – In the States of Mizoram and Assam – In order dated 31.3.2017, exemption was granted to the State of Meghalaya and Sikkim…

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

Civil SC Reportable ✓ HN

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

Liquor – Sale of – In the order passed by Supreme Court on 11.7.2017, it was observed that the purpose of the directions contained in the or…

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

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

Criminal SC Reportable ✓ HN

Rajendra Rajoriya vs Jagat Narain Thapak and Another

Code of Criminal Procedure, 1973: s.397 and s.398 – Revision – Scope of – Complaint alleging cheating, filed by appellant, dismissed by the…

23 February 2018 · Allowed · N.V. Ramana, S. Abdul Nazeer

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

Criminal SC Reportable ✓ HN

Pankaj Jain vs Union of India & Anr.

Code of Criminal Procedure, 1973 – s.88 – Interpretation of – Power to take bond for appearance – Whether it was obligatory for the trial Co…

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

Constitutional SC Reportable ✓ HN

Sunil Samdaria vs Union of India through Its Secretary, Ministry of Law and Justice and Others

Constitution of India – Arts. 217 and 224 – Appointment of Additional Judges of High Court – Petitioner challenged appointment of respondent…

23 February 2018 · Dismissed · 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