Indian Court Judgments — 2019

Civil SC Reportable ✓ HN

Chattar Singh & Ors. vs Madho Singh & Ors.

Madhya Bharat Zamindari Abolition Act, 1951 – s.4(1)(a), 4(2) and 5(f) – Father of defendant nos.2 & 3 claimed that the land in question be…

6 February 2019 · Dismissed · Arun Mishra, Navin Sinha

Criminal SC Reportable ✓ HN

Pappi @ Mehboob vs State of Rajasthan

Penal Code, 1860 – s.302 – One ‘G’ was assaulted with swords by seven persons – ‘G’ succumbed to injuries – Five accused including appellant…

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

Criminal SC Reportable ✓ HN

Bikash Bora and Ors. vs The State of Assam

Penal Code, 1860 – s. 302 – Murder – Prosecution case that appellants caused fatal injuries to victim to which he succumbed – Conviction of…

5 February 2019 · Disposed · A.M. Khanwilkar, K.M. Joseph

Criminal SC Reportable ✓ HN

State of Gujarat vs Afroz Mohammed Hasanfatta

Code of Criminal Procedure, 1973 – s.190(1)(b) – Allegation of cheating/ siphoning of huge amounts of money through Hawala – A complaint was…

5 February 2019 · Allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

Ambi Ram vs State of Uttarakhand

Prevention of Corruption Act, 1947 – s.5(2) – Appellant accepted illegal gratification – Trial Court convicted the appellant for the offence…

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

Civil SC Reportable ✓ HN

Asgar & Ors. vs Mohan Varma & Ors.

Code of Civil Procedure, 1908 – Explanation IV to s.11 and Or.XXI rr.97 to 101 – Constructive Res judicata – Respondents instituted Executio…

5 February 2019 · Dismissed · D.Y. Chandrachud, Hemant Gupta

Civil SC Reportable ✓ HN

The Commissioner, Mysore Urban Development Authority vs S.S. Sarvesh

Code of Civil Procedure, 1908: Or.XLI, r.19 and Or.XLIII, r.1(t) – Dismissal in default – Restoration – Dismissal of first appeal filed by t…

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

Civil SC Reportable ✓ HN

Dharam Singh (D) Thr. Lrs. & Ors. vs Prem Singh (D) Thr. Lrs.

Suit: Suit for permanent injunction – On the basis of Sirdari rights in favour of their predecessor-in-interest in respect of suit property…

5 February 2019 · Dismissed · Ashok Bhushan, K.M. Joseph

Civil SC Reportable ✓ HN

Ritu Bhatia vs Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others

Service Law – Termination – Respondent no.2 invited applications for the post of Company Secretary – Advertisement provided for five years p…

5 February 2019 · Dismissed · L. Nageswara Rao, M.R. Shah

Civil SC Reportable ✓ HN

Employees’ State Insurance Corporation vs Venus Alloy Pvt. Ltd.

Employees’ State Insurance Act, 1948 – ss.2(9), 75 and 82 – Respondent-Company, covered under the ESI Act had been depositing the amount of…

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

Civil SC Reportable ✓ HN

M/s. Tata Motors Ltd. vs The Deputy Commissioner of Commercial Taxes (Spl) & Anr.

Sales Tax :– Liability towards, in respect of the free replacement of defective parts in motor vehicles, during the period of warranty – App…

5 February 2019 · L. Nageswara Rao, Sanjay Kishan Kaul

Civil SC Reportable ✓ HN

K. Sashidhar vs Indian Overseas Bank & Ors.

Insolvency and Bankruptcy Code, 2016: s. 30(2) and (4), 31, 33 and 61(3) – Corporate Insolvency Resolution Process (CIRP) – Resolution plan…

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

Civil SC Reportable ✓ HN

Ram Lal & Ors. vs Salig Ram & Ors.

Code of Civil Procedure, 1908: Or.XXVI, r.10(3) – Suit for prohibitory injunction – Dismissed by trial court – First Appellate Court framed…

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

Criminal SC Reportable ✓ HN

The State of Madhya Pradesh vs Kanha @ Omprakash

Penal Code, 1860 – ss.307 and 324 – Conversion of conviction u/s.307 to s.324 – When perverse – As per prosecution, altercation took place b…

4 February 2019 · Allowed · D.Y. Chandrachud, M.R. Shah

Civil SC Reportable ✓ HN

M/s. Southern Petrochemical Industries Corpn. Ltd. vs S. Joel & Ors.

Environmental Law: Diversion of forest land for non-forest purposes – Guidelines in respect of – Issued by Union Government – Delegating the…

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

Constitutional SC Reportable ✓ HN

Federation Haj Ptos of India vs Union of India

Haj Pilgrimage : Haj policy for 2019-23 – Grievance of the petitioner was that some of their vital suggestions, were not incorporated while…

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

Criminal SC Reportable ✓ HN

Sh. Narendra Kumar Srivastava vs The State of Bihar & Ors.

Code of Criminal Procedure, 1973 – ss.340 and 195 – Penal Code, 1860 – s.193 r/w. s.34 – False Evidence – Appellant alleged non-compliance o…

4 February 2019 · Disposed · A.K. Sikri, S. Abdul Nazeer

Civil SC Reportable ✓ HN

Tek Singh vs Shashi Verma and Anr.

Code of Civil Procedure, 1908: s. 115 proviso (As inserted by amendment in 1999) – Revisional jurisdiction of High Court – Scope of – Held:…

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