Evidence – Burden of Proof to establish plea of alibi – Plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence and in the house which was the home of their relatives.
SUPREME COURT OF INDIA DIVISION BENCH PAPPU TIWARY — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Criminal Appeal No.…
Termination – Reinstatement and back wages – Termination of the workman in breach of Sections 25-F and 25-G of the Industrial Disputes Act- When the appointment was purely on contractual basis and on a fixed salary/honorarium of Rs.500/- per month, the order of reinstatement with back wages was not warranted and instead if the lumpsum compensation is awarded in lieu of reinstatement and back wages as observed hereinabove, it will meet the ends of justice
SUPREME COURT OF INDIA DIVISION BENCH DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION — Appellant Vs. KALAWATI PANDURANG FULZELE — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…
Land Acquisition Act, 1894 – Sections 4 and 18 – Land acquisition – Compensation – Determination of market value – High Court has erred in law in holding that since the land of the sale exemplars is of irrigated agricultural land whereas the land acquired is unirrigated, is not the reasonable yardstick to determine market value of the land as the land in question is close to already developed area – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MADHUKAR S/O GOVINDRAO KAMBLE AND OTHERS — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND OTHERS — Respondent ( Before : Hemant Gupta and V.…
Contract with respect to Mega projects HELD Considering the special peculiarities of such foreign sovereign funded development contracts, which can be envisaged and exist only due to the availability of the investment and willingness of the foreign sovereign country to finance such infrastructure project, the said contracts assume the different characteristics. Therefore, there shall be different considerations so far as the judicial interference is concerned between the foreign funded contracts and the ordinary public works contracts funded from public exchequer.
SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGH SPEED RAIL CORPORATION LIMITED — Appellant Vs. MONTECARLO LIMITED AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…
Maharashtra Legislative Assembly Rules – Rules 8, 53 and 106 – Quashing of Maharashtra Assembly’s Resolution to Suspend – One year suspension is worse than “expulsion”, “disqualification” or “resignation” — insofar as the right of the constituency to be represented before the House/Assembly is concerned – In that, long suspension is bound to affect the rights harsher than expulsion wherein
SUPREME COURT OF INDIA FULL BENCH ASHISH SHELAR AND OTHERS — Appellant Vs. THE MAHARASHTRA LEGISLATIVE ASSEMBLY AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…
Central Civil Services (Revised Pay) Rules, 2008 – Clause 8.1, Section 1, Part A of the First Schedule – Grade pay – High Court has no jurisdiction to interfere with the Government policies in the form of Modified Assured Career Progression (MACP) Scheme which was after accepting the Sixth Central Pay Commission
SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER — Appellant Vs. K. SUDHEESH KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv…
Maharashtra Police Act, 1951 – Section 56(1)(a)(b) – Order of externment – Impugned Judgment and order of the High Court shows that unfortunately, the Division Bench did not notice that an order of externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances – Order of externment set aside.
SUPREME COURT OF INDIA DIVISION BENCH DEEPAK S/O LAXMAN DONGRE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…
Haryana (Control of Rent & Eviction) Act, 1973 – Sections 5(1), 7(2), 7(3) and 11 – Suit for possession – Expiry of lease term – Statutory tenant – Jurisdiction of Civil Court – Section 11 of the Act has an overriding effect to the provisions of other laws. That being so, the jurisdiction indeed of a civil Court is impliedly barred from the field covered specifically by the provisions of the Act 1973 and that being the complete code determining the rights of a tenant/landlord to the exclusion of the other laws –
SUPREME COURT OF INDIA DIVISION BENCH SUBHASH CHANDER AND OTHERS — Appellant Vs. M/S BHARAT PETROLEUM CORPORATION LIMITED. (BPCL) AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay…
Civil Procedure Code, 1908 (CPC) – Sections 2(4) and 44A – Execution of foreign decree – Held the District Court or the High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree, including money decree of the foreign Court of reciprocating jurisdiction, provided other conditions are complied with as contemplated under Section 44A of the Code.
SUPREME COURT OF INDIA DIVISION BENCH MESSER GRIESHEIM GMBH (NOW CALLED AIR LIQUIDE DEUTSCHLAND GMBH) — Appellant Vs. GOYAL MG GASES PRIVATE LIMITED — Respondent ( Before : Ajay Rastogi…
Constitution of India, 1950 – Articles 16(4) and 16(4-A) – Reservation in Promotions – Unit for Collecting Quantifiable Data – Before providing for reservation in promotions to a cadre, the State is obligated to collect quantifiable data regarding inadequacy of representation of SCs and STs -Collection of information regarding inadequacy of representation of SCs and STs cannot be with reference to the entire service or ‘class’/’group’ but it should be relatable to the grade/category of posts to which promotion is sought
SUPREME COURT OF INDIA FULL BENCH JARNAIL SINGH AND OTHER — Appellant Vs. LACHHMI NARAIN GUPTA AND OTHER — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R.…