Service Law – it cannot be said that the appointment of the employees in the present set of appeals were irregular appointments. Such appointments are illegal appointment in terms of the ratio of Supreme Court judgment in Uma Devi. As such appointments were made without any sanctioned post, without any advertisement giving opportunity to all eligible candidates to apply and seek public employment and without any method of recruitment.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. DEVENDRA SHARMA — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…
Criminal Procedure Code, 1973 (CrPC) – Section 482 – Foreign Contribution (Regulation) Act, 2010 – Section 35 read with Section 3 – Foreign Contribution (Regulation) Act, 1976 – Section 23, 23(1) read with Section 4 and 4(1) – Cognizance of offence – The very fact that the High Court, in this case, went into the most minute details, on the allegtions made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C.
SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. ARVIND KHANNA — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. ) Criminal Appeal…
Penal Code, 1860 (IPC) – Sections 34, 417, 418, 420, 422, 120(B), 403, 406, 420 and 506(B) – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Negotiable Instruments Act, 1881 (NI) – Section 138 – Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side for the offences alleged. Equally, mere filing of a suit or complaint filed under Section 138 of the N.I. Act, 1881 by itself is no ground to quash the proceedings. Appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH DR. LAKSHMAN — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. )…
Land Acquisition Act, 1894 – Section 31 A – Review of award – It is settled legal proposition that unless the statute/rules so permit, the review application is not maintainable in case of judicial/quasijudicial orders -the law on the point can be summarised to the effect that in the absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification /modification/ correction is not permissible
SUPREME COURT OF INDIA FULL BENCH NARESH KUMAR AND OTHERS — Appellant Vs. GOVT. OF NCT OF DELHI — Respondent ( Before : Arun Mishra, Vineet Saran and S. Ravindra…
Penal Code, 1860 (IPC) – Sections 148, 302 and 149 – Arms Act, 1959 – Section 25 – Murder – Appeal against Acquittal – Medical version was totally different from that of the eye-witnesses – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH PREM SINGH — Appellant Vs. SUKHDEV SINGH AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal No.…
Contract Labour (Regulation and Abolition) Act, 1970 – Sections 10, 10(1) and 10(2) – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Prohibition of employment of contract labour – Non impleading recognised unions in proceedings – This in our opinion has resulted in prejudice for those who, given the opportunity, could have apprised the High Court with all facts and the detailed study/discussion by the Sub-Committees, preceding the 08.09.1994 notification.
SUPREME COURT OF INDIA FULL BENCH ONGC LABOUR UNION — Appellant Vs. ONGC DEHRADUN AND OTHERS — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. )…
Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitration proceedings – Termination of contract – Once it is held that the termination was illegal and thereafter when the learned Arbitral Tribunal has considered the claims on merits, which basically were with respect to the unpaid amount in respect of the work executed under the contract and loss of profit. Cogent reasons have been given by the learned Arbitral Tribunal – Cogent award
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND AND OTHERS — Appellant Vs. M/S HSS INTEGRATED SDN AND ANOTHER — Respondent ( Before : Arun Mishra and M.…
Income Tax Act, 1961 – Section 143(1) and 143(2) – Service of notice – Mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient.
SUPREME COURT OF INDIA FULL BENCH PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI — Appellant Vs. M/S I-VEN INTERACTIVE LIMITED, MUMBAI — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee…
Civil Procedure Code, 1908 – Section 47 – Partnership Act, 1932 – Section 42(c) – Respondents were not parties to the partnership deed and that the partnership stands dissolved, in view of death of one of the partners, the respondents have not derived the benefit of assets of the partnership firm, the decree obtained by the predecessor of the appellants, is not executable against the respondents
SUPREME COURT OF INDIA DIVISION BENCH S.P. MISRA AND OTHERS — Appellant Vs. MOHD. LAIQUDDIN KHAN AND ANOTHER — Respondent ( Before : Indu Malhotra and R. Subhash Reddy, JJ.…
Terming the deceased as a call-girl, there was no utterance which can be interpreted to be an act of instigating, goading or solicitation or insinuation, the deceased to commit suicide
SUPREME COURT OF INDIA DIVISION BENCH STATE OF WEST BENGAL — Appellant Vs. INDRAJIT KUNDU AND OTHERS — Respondent ( Before : Indu Malhotra and R. Subhash Reddy, JJ. )…