Summons/notices issued by the learned Trial Court were returned ‘unclaimed’ – exparte decree -entire decretal amount is deposited by the appellants to show their bonafides – one more opportunity granted to defend bank suit
SUPREME COURT OF INDIA DIVISION BENCH M/S JERSEY DEVELOPERS (P) LIMITED AND OTHERS — Appellant Vs. CANARA BANK — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…
Juvenile Justice (Care and Protection) Act, 2000 – Subsection (2) of Section 7A provided that if after holding an inquiry, the Court found the accused to be juvenile on the date of commission of the offence, the Court was under a mandate to forward the juvenile to the Juvenile Justice Board for passing appropriate orders. Subsection (2) of Section 7A further provided that in such a case, the sentence passed by Criminal Court shall be deemed to have no effect in such a case. Accused shall be forthwith set at liberty
SUPREME COURT OF INDIA DIVISION BENCH SANJAY PATEL AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : A.M. Khanwilkar and Abhay S. Oka, JJ.…
Selection and appointment – Cancellation – Once having found that the respective writ petitioners-appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was canceled.
SUPREME COURT OF INDIA DIVISION BENCH INDRESH KUMAR MISHRA AND OTHERS — Appellant Vs. THE STATE OF JHARKHAND AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…
Bihar Private Medical (Indian System of Medicine) College (Taking over) Act, 1985 – Section 6(2) – Determination of terms of the teaching staff and other employees of the College – HELD State Government made its intention clear that as the decision has been taken to absorb the employee/teacher of the private Ayurvedic college as on 01st June, 1986,
SUPREME COURT OF INDIA DIVISION BENCH HARISH CHANDRA SHRIVASTAVA — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…
Section 12 of the Protection of Women from Domestic Violence Act, 2005 – Bar to taking cognizance after lapse of the period of limitation — HELD by the time an application is preferred u/S 12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application under Section 12 of the Act – Such a starting point for limitation would arise only and only after there is a breach of an order passed under Section 12 of the Act
SUPREME COURT OF INDIA DIVISION BENCH KAMATCHI — Appellant Vs. LAKSHMI NARAYANAN — Respondent ( Before : Uday Umesh Lalit and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal No. 627…
Constitution of India, 1950 – Article 19(1)(g) – Right to establish an educational institution can be regulated – HELD Fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.
SUPREME COURT OF INDIA DIVISION BENCH DENTAL COUNCIL OF INDIA — Appellant Vs. BIYANI SHIKSHAN SAMITI AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…
Writ by victims of fire tragedy – claimed the lives of 65 persons and left 161 or more with burn injuries. -Held that where the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant, such hardship is sought to be avoided by applying the principle of res ipsa loquitor.
SUPREME COURT OF INDIA DIVISION BENCH SANJAY GUPTA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY AND OTHERS — Respondent ( Before : Hemant Gupta…
Rajasthan Rent Control Act, 2001- Transfer of Property Act, 1882 – Section 106 A decree passed by the civil court is valid and executable which is not interdicted by the applicability of the Act to the area in question. The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit.
SUPREME COURT OF INDIA DIVISION BENCH SHANKARLAL NADANI — Appellant Vs. SOHANLAL JAIN — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 2816 of…
No person is entitled to establish a medical college except with the previous permission of the Central Government – Similarly, no medical college can open a new or higher course of study or training, including a postgraduate course of study or training without the previous sanction of the Central Government – Likewise, no medical college can increase its admission capacity in any course of study or training, including a postgraduate course of study or training.
SUPREME COURT OF INDIA DIVISION BENCH CENTRAL COUNCIL FOR INDIAN MEDICINE — Appellant Vs. KARNATAKA AYURVEDA MEDICAL COLLEGE AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R.…
Banking – Release of mutual funds – Securities need to be released in favour of the applicant – HELD the applicant shall now furnish bank guarantee for a sum of Rs.100 Crores and it shall further furnish a corporate guarantee to the extent of Rs.300 Crores. The bank guarantee earlier furnished by the applicant to the extent of Rs.344.07 Crores shall stand discharged on the applicant fulfilling the above condition to the satisfaction of the Trial Court concerned.
SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. IL AND FS SECURITIES SERVICES LTD. AND OTHERS — Respondent IN THE MATTER OF: DALMIA…