Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

Lullu Vas (Since Deceased) through Lrs vs State of Maharashtra & Ors.

Maharashtra Slum Areas Act, 1971 – Disputed property vested in the Municipal Corporation of Greater Mumbai (MCGMrespondent no.2) – Appellant…

22 February 2019 · Disposed · N.V. Ramana, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

Anil Kumar vs Union of India & Ors.

Circulars/Notices – Appellant’s father constructed a residential house – Land over which the house was constructed was acquired for a Railwa…

22 February 2019 · Allowed · D.Y. Chandrachud, Navin Sinha

Constitutional SC Reportable ✓ HN

Riya George vs Kannur Medical College and Ors.

RIYA GEORGE v. KANNUR MEDICAL COLLEGE AND ORS. (Writ Petition (Civil) No. 1247 of 2018) FEBRUARY 21, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND…

21 February 2019 · Disposed · D.Y. Chandrachud, Hemant Gupta

Criminal SC Reportable ✓ HN

Mahendran vs The State of Tamil Nadu

Penal Code, 1860 – ss.141, 149, 302 and 326 – Statement of PW1-son-in-law of one ‘M’, that on 12.03.94 while going to Nangarari with his fat…

21 February 2019 · Dismissed · Sanjay Kishan Kaul, Hemant Gupta

Criminal SC Reportable ✓ HN

Jagdish vs State of Madhya Pradesh

Sentence/Sentencing – Commutation of death sentence to life imprisonment – Petitioner was convicted and sentenced to death for the murder of…

21 February 2019 · N.V. Ramana, Deepak Gupta, Indira Banerjee

Civil SC Reportable ✓ HN

Rajiv Vohra vs The State of Haryana and Ors.

RAJIV VOHRA v. THE STATE OF HARYANA AND ORS. (Civil Appeal No. 1932 of 2019) FEBRUARY 21, 2019 [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA…

21 February 2019 · Disposed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

Board of Trustees for the Port of Kolkata and Ors. vs Apl (India) Pvt. Ltd. and Ors.

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – ss.2(g), 5, 5A and 6 – Land allotted to one M/s. Shalimar Tar Products Ltd.…

21 February 2019 · Disposed · A.K. Sikri, Ashok Bhushan, S. Abdul Nazeer

Criminal SC Reportable ✓ HN

Nagaraj vs Union of India

Railways Act, 1989 – s.160(2) – Opening or breaking a level crossing gate – Appellant -driver while driving the bus hit it against the railw…

21 February 2019 · Partly allowed · Abhay Manohar Sapre, Dinesh Maheshwari

Civil SC Reportable ✓ HN

Sanjay Singh and Anr. vs Central Himalayan Land Development Co. Ltd.

SANJAY SINGH AND ANR. v. CENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD. (Civil Appeal No. 1928 of 2019) FEBRUARY 21, 2019 [UDAY UMESH LALIT AND…

21 February 2019 · Allowed · Uday Umesh Lalit, Ashok Bhushan

Criminal SC Reportable ✓ HN

Dattatraya @ Datta Ambo Rokade vs The State of Maharashtra

Penal Code, 1860: ss. 302, 376(2)(f), 377, 363, 364, 367 and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protection of Children from Sexual Off…

21 February 2019 · Allowed · N.V. Ramana, Deepak Gupta, Indira Banerjee

Constitutional SC Reportable ✓ HN

Reliance Communication Limited & Ors. vs State Bank of India & Ors.

RELIANCE COMMUNICATION LIMITED & ORS. v. STATE BANK OF INDIA & ORS. (Writ Petition (Civil) No. 845 of 2018) With (Contempt Petition (C) No.…

20 February 2019 · R.F. Nariman, Vineet Saran

Civil SC Reportable ✓ HN

Pr. Commissioner of Income Tax, Shimla vs M/s. Aarham Softronics

Income Tax Act, 1961 – ss.80-IA, 80-IB, 80-IC – ‘Initial Assessment Year’ u/s.80-IC – U/s.80-IC an undertaking or enterprise, in certain spe…

20 February 2019 · Disposed · A.K. Sikri, S. Abdul Nazeer, M.R. Shah

Civil SC Reportable ✓ HN

Bharat Heavy Electricals Ltd. vs Mahendra Prasad Jakhmola & Ors.

Contract Labour (Regulation and Abolition) Act, 1970: Notification dated 24.4.1990 issued under the Act, 1970 – Exemption from its applicabi…

20 February 2019 · Allowed · R.F. Nariman, Vineet Saran

Criminal SC Reportable ✓ HN

Thangasamy vs The State of Tamil Nadu

THANGASAMY v. THE STATE OF TAMIL NADU (Criminal Appeal No. 698 of 2010) FEBRUARY 20, 2019 [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] P…

20 February 2019 · Dismissed · Abhay Manohar Sapre, Dinesh Maheshwari

Civil SC Reportable ✓ HN

Lmj International Ltd. vs Sleepwell Industries Co. Ltd.

Arbitration and Conciliation Act, 1996 – s. 48 – Parties entered into separate contracts for sale of Non-Basmati Parboiled Rice, Thailand or…

20 February 2019 · Dismissed · A.M. Khanwilkar, Ajay Rastogi

Criminal SC Reportable ✓ HN

Dnyaneshwar Suresh Borkar vs State of Maharashtra

Sentence/Sentencing: Death sentence – For killing a minor child – Held: The offence committed was brutal, but did not warrant death sentence…

20 February 2019 · Partly allowed · A.K. Sikri, S. Abdul Nazeer, M.R. Shah

Criminal SC Reportable ✓ HN

The State of Madhya Pradesh vs Suresh

THE STATE OF MADHYA PRADESH v. SURESH (Criminal Appeal No. 319 of 2019) FEBRUARY 20, 2019 [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] S…

20 February 2019 · Allowed · Abhay Manohar Sapre, Dinesh Maheshwari

Constitutional SC Reportable ✓ HN

Common Cause & Anr. vs Union of India & Anr.

Delhi Special Police Establishment Act, 1946: s. 4A – Appointment of interim Director of CBI – Challenged in petition u/Art. 32 of the Const…

19 February 2019 · Dismissed · Arun Mishra, Navin Sinha