Supreme Court of India Judgements

Service Law—Cooperative Court established does not have the requisite jurisdiction to decide ‘service dispute’between a cooperative society and its employees.

Jan 31, 2018 sclaw

(2017) AIR(SCW) 1647 : (2017) AIR(SC) 1647 : (2017) 3 ALLMR 422 : (2017) 3 BCR 70 : (2017) 2 CLR 641 : (2017) 154 FLR 740 : (2017) 3…

Acquittal

But the presence of ‘B’ who was brother-in-law of’S’ and belonged to a separate village was doubtful there for it cannot be ruled out that his name was added due to enmity-Accused ‘B’ acquitted.

Jan 31, 2018 sclaw

(2017) 100 ACrC 908 : (2017) 176 AIC 260 : (2017) 3 AICLR 321 : (2017) AIR(SCW) 2498 : (2017) AIR(SC) 2498 : (2017) AllSCR(Crl) 904 : (2017) 2 ALT(Crl)…

Land Acquisition

Land Acquisition— Exemption from Acquisition— When the land was so to be excluded from acquisition on the basis of exception mentioned in the notification under Section 4, it had to be claimed; it would not follow automatically.

Jan 30, 2018 sclaw

(2017) 175 AIC 198 : (2017) 123 ALR 291 : (2017) 124 CutLT 444 : (2017) 2 LawHerald(SC) 1094 : (2017) 4 LW 130 : (2017) 4 PLR 269 : (2017) 3 RCR(Civil) 1…

Land Acquisition

Land Acquisition Act, 1894, S.4 & 6–Public Purpose—In zonal development plan the area in question had been shown for the institutional purposes-Therefore, mere fact that the acquisition for the purpose of school was not mentioned in the notification issued under S.4 of the act would not amount to vague notification

Jan 30, 2018 sclaw

(2017) 175 AIC 65 : (2017) AIR(SCW) 2606 : (2017) AIR(SC) 2606 : (2017) AllSCR 1670 : (2017) 124 ALR 545 : (2017) DNJ 568 : (2017) 6 JT 61…

Bail Declined

The Special Court was justified in granting the bail to the appellant. However, the condition imposed by the court below for depositing Rupees fifty lakh is onerous. The appellant has already deposited Rupees ten lakh, which is sufficient for granting bail to him

Jan 27, 2018 sclaw

(2017) 177 AIC 71 : (2017) 3 AICLR 639 : (2017) ALLMR(Cri) 2221 : (2017) CriLR 498 : (2017) 3 Crimes 392 : (2017) 4 JT 425 : (2017) 2 LawHerald(SC) 1247 : (2017)…

I P C

Indian Penal Cods, 1860, S.304 Part l-Culpable Homicide-Gun Shot-Sudden fight-One eye witness and two injured witnesses-The Court finds that it is a case where the conviction deserves to be upheld, but the sentence needs to be reduced to six years and fine amounting to Rs. 7,000 – Appeals stand allowed

Jan 26, 2018 sclaw

(2017) 99 ACrC 644 : (2017) 173 AIC 55 : (2017) 4 AICLR 18 : (2017) AIR(SCW) 1959 : (2017) 3 AIRJharR 243 : (2017) AIR(SC) 1959 : (2017) 2…

Matrimonial

Permanent Alimony—25% of the husband’s net salary would be just and proper to be awarded as maintenance to the wife. Permanent Alimony—Husband has got married second time and has a child there from—Amount of maintenance to earlier wife and son reduced.

Jan 26, 2018 sclaw

(2017) 175 AIC 193 : (2017) AIR(SCW) 2383 : (2017) AIR(SC) 2383 : (2017) 5 ALLMR 426 : (2017) 3 AllWC 2259 : (2017) 123 ALR 287 : (2017)…

Matrimonial

Annulment of Marriage—Child Marriage—Husband himself was major at that time, therefore he cannot seek annulment on this ground.

Jan 25, 2018 sclaw

(2017) 175 AIC 218 : (2017) AIR(SCW) 1957 : (2017) 3 AIRJharR 242 : (2017) AIR(SC) 1957 : (2017) 5 ALLMR 457 : (2017) 123 ALR 296 : (2017) 4…

Land Acquisition

Land Acquisition Act, 1894, S.4,6–Quashing of Proceedings-Award has been duly passed, possession has been taken and proceedings for enhancement has attained finally—Thereafter proceedings cannot be challenged on ground of validity of acquisition.

Jan 25, 2018 sclaw

(2017) 7 ADJ 379 : (2017) 174 AIC 109 : (2017) AllSCR 1189 : (2017) 4 AllWC 3317 : (2017) 122 ALR 890 : (2017) 2 ApexCourtJudgments(SC) 454 : (2017)…

Cheque Dishonour

Dishonour of Cheque—Compensation–Even if default sentence is undergone, compensation is still recoverable,

Jan 25, 2018 sclaw

(2017) ACD 630 : (2017) 100 ACrC 291 : (2017) 175 AIC 54 : (2017) 2 AICLR 888 : (2017) AIR(SCW) 2433 : (2017) AIR(SC) 2433 : (2017) ALLMR(Cri)…

Supreme Court of India Judgements

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Appointment secured on merit cannot be invalidated for an unintentional category error in a qualifying certificate if no undue advantage accrued therefrom.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Service Law—Cooperative Court established does not have the requisite jurisdiction to decide ‘service dispute’between a cooperative society and its employees.

But the presence of ‘B’ who was brother-in-law of’S’ and belonged to a separate village was doubtful there for it cannot be ruled out that his name was added due to enmity-Accused ‘B’ acquitted.

Land Acquisition— Exemption from Acquisition— When the land was so to be excluded from acquisition on the basis of exception mentioned in the notification under Section 4, it had to be claimed; it would not follow automatically.

The Special Court was justified in granting the bail to the appellant. However, the condition imposed by the court below for depositing Rupees fifty lakh is onerous. The appellant has already deposited Rupees ten lakh, which is sufficient for granting bail to him

Permanent Alimony—25% of the husband’s net salary would be just and proper to be awarded as maintenance to the wife. Permanent Alimony—Husband has got married second time and has a child there from—Amount of maintenance to earlier wife and son reduced.

Annulment of Marriage—Child Marriage—Husband himself was major at that time, therefore he cannot seek annulment on this ground.

Land Acquisition Act, 1894, S.4,6–Quashing of Proceedings-Award has been duly passed, possession has been taken and proceedings for enhancement has attained finally—Thereafter proceedings cannot be challenged on ground of validity of acquisition.

Dishonour of Cheque—Compensation–Even if default sentence is undergone, compensation is still recoverable,

You missed

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Supreme Court of India Judgements