![[Bombay Public Trust Act, 1950, S. 80] | [Civil court jurisdiction barred for disputes concerning public trusts unless specific conditions are met.]](https://i0.wp.com/sclaw.in/wp-content/uploads/2017/04/Code-of-Civil-Procedure.jpg?resize=150%2C150&ssl=1)
Dismissal of candidature as Assistant Engineer he was colour blind – Colour vision deficiency is neither impairment of vision and in that sense falling within the disability spectrum calling for treatment under the Rights of Persons with Disabilities Act, 2016 nor is it of such condition as to bar sufficiently qualified persons’ entitlement to be employed in an organization that can accommodate educational attainments and talents – HELD Corporation is directed to appoint and continue the appellant in its service, as AE (Electrical) at the appropriate stage of the grade of pay, from the date he was terminated from service, or his appointment was cancelled
SUPREME COURT OF INDIA DIVISION BENCH MOHAMED IBRAHIM — Appellant Vs. THE CHAIRMAN AND MANAGING DIRECTOR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…
Income Tax Act, 1961 – Section 35ABB – Expenditure for obtaining licence to operate telecommunication services – Payment of entry fee as well as the variable annual licence fee paid by the respondents-assessees to the DoT under the Policy of 1999 are capital in nature and may be amortised in accordance with Section 35ABB of the Act – Consequence of non-payment would result in ouster of the licensee from the trade – Thus, this is a payment which is intrinsic to the existence of the licence as well as trade itself. Such a payment has to be treated or characterized as capital only.
SUPREME COURT OF INDIA DIVISION BENCH C.I.T., DELHI — Appellant Vs. BHARTI HEXACOM LTD. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Civil Appeal No(S). 11128,…
Advocates Act, 1961 – Sections 16 and 23(5) – – Classification of advocates and the mechanism to grant seniority to advocates is not based on any arbitrary, artificial or evasive grounds – Such a classification is a creation of the legislature, and there is a general presumption of constitutionality, and the burden is on the petitioners to show that there is a clear transgression of the constitutional principles – something which they have miserably failed to discharge
SUPREME COURT OF INDIA FULL BENCH MATHEWS J. NEDUMPARA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, C.T. Ravikumar and…
Electricity Act, 2003 – Section 86(1)(a) read with Section 62 – Recovery of deductions of monthly tariff – Dispute inter se the parties is in the nature of a contractual dispute – Normally, costs must go with the succeeding party in case of a contractual dispute – This is more so where one party repeatedly seeks to evade the rigors of the orders
SUPREME COURT OF INDIA FULL BENCH NABHA POWER LIMITED — Appellant Vs. PUNJAB STATE POWER CORPORATION LIMITED — Respondent ( Before : Sanjay Kishan Kaul, Sudhanshu Dhulia and Aravind Kumar,…
In a suit filed for partition, the courts must endeavour to comprehensively adjudicate and decide the right entitlement and share of the parties in the same proceeding and must avoid multiplicity of proceedings or relegating parties to a fresh round of litigation – Partial adjudication in the circumstance of the case is erroneous and ought to have been avoided – Matter remitted to Learned Single Judge of High Court
SUPREME COURT OF INDIA DIVISION BENCH VIKRANT KAPILA AND ANOTHER — Appellant Vs. PANKAJA PANDA AND OTHERS — Respondent ( Before : Aniruddha Bose and S.V.N. Bhatti, JJ. ) Civil…
Dishonour of cheque – Quashing of complaint – Merely because somebody is managing the affairs of the company, per se, he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company – Person liable is in charge of and was responsible to the company for the conduct of the business of the company – Complaint quashed
SUPREME COURT OF INDIA DIVISION BENCH SIBY THOMAS — Appellant Vs. M/S. SOMANY CERAMICS LTD. — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal Appeal No.…
Penal Code, 1860 (IPC) – Sections 148, 149, 302 and 307 – Explosive Substance Act, 1908 – Sections 4 and 5 – Murder – Accused with 11 persons attacked with country made bombs as also Laathis and tabbal – Deceased received multiple injuries and eventually succumbed while receiving the treatment he was died – Deceased was a history-sheeter and had scores of criminal cases pending against him or cases in which he was involved – Simply because the deceased had a chequered past which constituted several run-ins with the law, Courts cannot give benefit thereof, particularly when such claims are bald assertions, to those accused of committing such a person’s murder – Conviction and sentence upheld – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH KAMAL PRASAD AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH) — Respondent ( Before : Abhay S. Oka…
Irretrievable breakdown of marriage – Divorce – Husband was about 89 years old and wife aged about 82 years – One should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society – it would not be desirable to accept the formula of “irretrievable break down of marriage” as a strait-jacket formula for the grant of relief of divorce under Article 142 of the Constitution of India – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH DR. NIRMAL SINGH PANESAR — Appellant Vs. MRS. PARAMJIT KAUR PANESAR @AJINDER KAUR PANESAR — Respondent ( Before : Aniruddha Bose and Bela M.…
Work Agreement – Payments and Advances – Payment has to be made in the foreign currency only along with computed interest – It would be open for the parties to pay and the other parties claiming to accept the Indian currency either at the current rate or at the agreed rate but this Court cannot meddle with the terms of the agreement or the award or the directions contained in the judgment of this Court dated 24.02.2015.
SUPREME COURT OF INDIA DIVISION BENCH NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED — Appellant Vs. ROYAL CONSTRUCTION COMPANY PRIVATE LTD. — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ.…
Rape with minor girl – Quantum of sentence – the mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general – Rights of the accused must be balanced with the effect of the crime on the victim and her family – This is a case which impacts the society – If undue leniency is shown to the respondent in the facts of the case, it will undermine the common man’s confidence in the justice delivery system –
SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. GAUTAM S/O MOHANLAL — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…