Supreme Court of India Judgements

Quashing of FIR—Police Report—High Court in quashing the FIR in the exercise of its inherent powers under Section 482 of the Code by relying on the investigation report and the findings made therein has acted beyond its jurisdiction

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2967 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 1242 of…

I P C

Common intention—A common intention may be developed on the spot, but the same must not only be developed but also must be shared with the other accused.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2962 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1310 of…

Arbitration

Award—Non-speaking order—Scope of interference in a non-speaking award is extremely limited–The Court cannot probe into the mental process of the arbitrator.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2958 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 2668 of 2007…

C P C

Second Appeal—Substantial question of law—Law summed up.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2953 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4306 of 2007…

Consumer

Exparte order—Whether the State Commission has power to recall the exparte order–Matter referred to larger bench.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2951 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 4307…

Accident

Accident—Invalid driving licence—Driver driving lorry on licence of LMV—Insurer not liable.

May 23, 2017 sclaw

2007(4) LAW HERALD (SC) 2947 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 4308 of…

Education

Education Law–Unauthorized construction on green belt area by an educational institute/trust cannot be regularized merely–Primary education is a fundamental right. Constitution of India, Article 21A—Education Law–Green Belt Area—Unauthorize

May 23, 2017 sclaw

2007(4) LAW HERALD (SC) 2945 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4309 of…

Service

Service Law—Appointment—Cancellation of—Merely because mistake had been committed in one case , there is no rational for perpetuating that mistake in other cases.

May 22, 2017 sclaw

2007(4) LAW HERALD (SC) 2940 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4310 of 2007…

Service

Service Law—Judicial officers—Reservation for women—No consultation with High Court while providing such reservation—Appointments cancelled, but to allowed to continue by placing below selected candidates, as vacancies were available.

May 22, 2017 sclaw

2007(4) LAW HERALD (SC) 2937 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice D.K.…

Education

Education Law—College was derecognized subsequently after the enforcement of the NCTE Act cannot be a ground to refuse the appellants to appear in the of C.P.Ed. and D.P.Ed. courses.

May 22, 2017 sclaw

2007(4) LAW HERALD (SC) 2931 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 4190 of…

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.

Quashing of FIR—Police Report—High Court in quashing the FIR in the exercise of its inherent powers under Section 482 of the Code by relying on the investigation report and the findings made therein has acted beyond its jurisdiction

Common intention—A common intention may be developed on the spot, but the same must not only be developed but also must be shared with the other accused.

Award—Non-speaking order—Scope of interference in a non-speaking award is extremely limited–The Court cannot probe into the mental process of the arbitrator.

Second Appeal—Substantial question of law—Law summed up.

Exparte order—Whether the State Commission has power to recall the exparte order–Matter referred to larger bench.

Accident—Invalid driving licence—Driver driving lorry on licence of LMV—Insurer not liable.

Education Law–Unauthorized construction on green belt area by an educational institute/trust cannot be regularized merely–Primary education is a fundamental right. Constitution of India, Article 21A—Education Law–Green Belt Area—Unauthorize

Service Law—Appointment—Cancellation of—Merely because mistake had been committed in one case , there is no rational for perpetuating that mistake in other cases.

Service Law—Judicial officers—Reservation for women—No consultation with High Court while providing such reservation—Appointments cancelled, but to allowed to continue by placing below selected candidates, as vacancies were available.

Education Law—College was derecognized subsequently after the enforcement of the NCTE Act cannot be a ground to refuse the appellants to appear in the of C.P.Ed. and D.P.Ed. courses.

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