Indian Court Judgments — 2018

Civil SC Reportable ✓ HN

M/s. Caravel Shipping Services Pvt. Ltd. vs M/s. Premier Sea Foods Exim Pvt. Ltd.

Arbitration and Conciliation Act, 1996: ss.7(3), 7(4), 8 – Bill of lading – Suit for recovery by respondent-consignor in Kochi court – Appli…

29 October 2018 · Allowed · R.F. Nariman, Navin Sinha

Civil SC Reportable ✓ HN

National Insurance Special Voluntary Retired/ Retired Employees Association & Anr. vs United India Insurance Co. Ltd. & Anr.

Service Law – Voluntary Retirement – Appellant-ex-employees of the respondent Insurance Companies went out of service taking advantage of th…

26 October 2018 · Dismissed · Kurian Joseph, Sanjay Kishan Kaul

Criminal SC Reportable ✓ HN

Ramvir vs State of Uttar Pradesh

Penal Code, 1860 – ss.148, 149 and 302 – Case of the prosecution that the appellant along with five other persons armed with guns surrounded…

26 October 2018 · Allowed · Abhay Manohar Sapre, Indu Malhotra

Civil SC Reportable ✓ HN

S. Sarojini Amma vs Velayudhan Pillai Sreekumar

Transfer of Property Act, 1882 – s.122 – Document styled as gift deed but executed for consideration with the executant retaining possession…

26 October 2018 · Allowed · Arun Mishra, Indira Banerjee

Civil SC Reportable ✓ HN

Dr. Amit Kumar vs Dr. Sonila & Ors.

Hindu Minority and Guardianship Act, 1956 – s.6 – Guardianship – Custody rights – Appellant and respondent no.1 divorced by mutual consent –…

26 October 2018 · Allowed · Kurian Joseph, Sanjay Kishan Kaul

Civil SC Reportable ✓ HN

Dalip Singh and Others vs State of Haryana and Others

Haryana Urban Development Authority Act, 1977: s. 17(4) – Resumption of plot – Allotment of industrial plot, however noncommencement of prod…

25 October 2018 · Dismissed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

Jitendra @ Kalla vs State of Govt. of NCT of Delhi

Sentence/Sentencing: Trial of the appellant-accused for offence under two FIRs – Trial court convicted the accused – In both the cases sente…

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

Constitutional SC Reportable ✓ HN

Gopal Jha vs The Hon’ble Supreme Court of India

Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules – Supreme Court invited applications for allotment of Lawyers’ chambers on 3…

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

Constitutional SC Reportable ✓ HN

M. C. Mehta vs Union of India & Ors.

Environment – Vehicular pollution – Shift from Bharat Stage IV (BS-IV) compliant vehicles to BS-VI compliant vehicles – Society of Indian Au…

24 October 2018 · Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta

Civil SC Reportable ✓ HN

Nehru Gram Bharati University vs State of U.P. & Ors.

Education/Educational Institutions: Recognition of course – Basic Teachers Certificate Course – Admission of students in the Academic Sessio…

24 October 2018 · Dismissed · A.K. Sikri, Ashok Bhushan

Criminal SC Reportable ✓ HN

Asar Mohammad and Ors. vs The State of U.P.

Penal Code, 1860: ss. 302 and 201 – Murder – Circumstantial evidence – Prosecution of three accused – Confessional statement of one accused…

24 October 2018 · Disposed · A.M. Khanwilkar, L. Nageswara Rao

Criminal SC Reportable ✓ HN

Kamala and Others vs M.R. Mohan Kumar

Code of Criminal Procedure, 1973 – s.125 – Maintenance under, claimed by wife – Standard of proof required to prove marriage – Marriage betw…

24 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Civil SC Reportable ✓ HN

Ram Avatar Soni vs Mahanta Laxmidhar Das and Ors.

Will – Will in question executed by one ‘MND’ was probated in favour of respondent no.1 – Appellant filed suit seeking revocation of the pro…

24 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Criminal SC Reportable ✓ HN

The State of Madhya Pradesh vs Rajaram @ Raja

Appeal: Appeal against acquittal – Scope of interference – Prosecution case was that the respondent committed rape on the victim-deceased du…

24 October 2018 · Dismissed · N.V. Ramana, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

Govindammal (Dead) by Lrs. and Ors. vs Vaidiyanathan and Ors.

Suit: Suit for declaration of title and permanent injunction for restraining the defendants from entering ‘A Schedule’ property (which is 50…

23 October 2018 · Dismissed · N.V. Ramana, Mohan M. Shantanagoudar

Criminal SC Reportable ✓ HN

Bhagirath vs The State of Madhya Pradesh

Penal Code, 1860 – Exception 4 to s.300 – Death caused in sudden fight without premeditation – Prosecution case was that victim was surround…

23 October 2018 · Allowed · R. Banumathi, Indira Banerjee

Constitutional SC Reportable ✓ HN

Arjun Gopal and Others vs Union of India and Others

Environment – Air Pollution – Petitioners prayed for directions to the respondents to take possible measures for checking the pollution by s…

23 October 2018 · A.K. Sikri, Ashok Bhushan

Civil SC Reportable ✓ HN

Ajit Kr. Bhuyan and Others vs Debajit Das and Others

S.C.R. 1012 AJIT KR. BHUYAN AND OTHERS v. DEBAJIT DAS AND OTHERS (Civil Appeal Nos. 10662 of 2018) OCTOBER 23, 2018 [A. K. SIKRI AND ASHOK B…

23 October 2018 · Allowed · A.K. Sikri, Ashok Bhushan