(1)
POPAT BAHIRU GOVARDHANE ETC. .....Appellant Vs.
SPECIAL LAND ACQUISITION OFFICER AND ANOTHER .....Respondent D.D
22/08/2013
Land Acquisition – Limitation for Re-determination – Appellants' land acquired under Sections 4 and 6 in 1994-95; award made on 14.12.1995 – Appellants filed applications under Section 28A after the reference court’s award dated 3.4.2006 – Application for re-determination filed on 18.7.2006 rejected for being 4 days late – Supreme Court affirmed strict adherence to statutory limit...
(2)
RAMESHWAR PRASAD GOYAL ADVOCATE Vs.
IN RE D.D
22/08/2013
Contempt of Court – Misconduct by Advocate-on-Record (AOR) – Suo motu contempt proceedings initiated against AOR for failing to appear in court – AOR had filed numerous cases without taking responsibility for their conduct – Supreme Court criticized the AOR’s conduct as 'unbecoming' and highlighted the duties and responsibilities of an AOR under the Supreme Court Rules [Paras 1...
(3)
GM SRI SIDDESHWARA CO-OPERATIVE BANK LTD. AND ANOTHER Vs.
SRI IKBAL AND OTHERS D.D
22/08/2013
Contempt of Court – Misconduct by Advocate-on-Record (AOR) – Suo motu contempt proceedings initiated against AOR for failing to appear in court – AOR had filed numerous cases without taking responsibility for their conduct – Supreme Court criticized the AOR’s conduct as 'unbecoming' and highlighted the duties and responsibilities of an AOR under the Supreme Court Rules [Paras 1...
(4)
RAJA @ SASIKUMAR AND ANOTHER .....Appellant Vs.
STATE THROUGH INSPECTOR OF POLICE .....Respondent D.D
22/08/2013
Criminal Law – Murder Conviction – Appellants convicted for the murder of Babu – High Court upheld conviction based on the testimony of eyewitnesses PWs 2 and 3, who were present at the scene – Supreme Court finds no reason to disbelieve the prosecution's evidence and affirms the High Court's decision [Paras 1-14].Evidence – Eyewitness Testimony – PWs 2 and 3 corroborated the...
(5)
STANDARD CHARTERED BANK .....Appellant Vs.
V. NOBLE KUMAR AND OTHERS .....Respondent
With
APPELLANT(S): SENIOR MANAGER, STATE BANK OF INDIA AND ANOTHER .....Appellant
VERSUS
R. SHIVA SUBRAMANIYAN AND ANOTHER .....Respondent D.D
22/08/2013
SARFAESI Act – Taking Possession of Secured Assets – Banks invoked Section 14 without first attempting possession under Section 13(4) – High Court ruled that banks must attempt possession under Section 13(4) before invoking Section 14 – Supreme Court held that banks can directly invoke Section 14 without first attempting possession under Section 13(4) if resistance is anticipated [Paras 1-...
(6)
FIONA SHRIKHANDE .....Appellant Vs.
STATE OF MAHARASHTRA AND ANOTHER .....Respondent D.D
22/08/2013
Criminal Law – Intentional Insult – Appeal against issuance of process under Section 504 IPC – Complainant alleged that the accused intentionally insulted her, provoking her to breach the peace – Magistrate took cognizance and issued process – Supreme Court held that at the complaint stage, Magistrate needs only to be prima facie satisfied of sufficient grounds to proceed – Detailed di...
(7)
YOUNG ACHIEVERS .....Appellant Vs.
IMS LEARNING RESOURCES PVT. LTD. .....Respondent D.D
22/08/2013
Arbitration – Survival of Arbitration Clause – Dispute arose under previous agreements containing arbitration clause – New agreement (Exit paper) without arbitration clause superseded earlier agreements – Supreme Court held that arbitration clause does not survive when the contract containing it is superseded/novated by a later contract without such clause [Paras 6-8].Novation of Contract ...
(8)
MANJEET SINGH KHERA .....Appellant Vs.
STATE OF MAHARASHTRA .....Respondent D.D
21/08/2013
Criminal Law – Production of Original Complaint – Appellant sought production of original complaint leading to Anti-Corruption Bureau inquiry – Special Sessions Court and High Court rejected the application – Supreme Court held that the complaint triggered the inquiry but was not the basis for the charge-sheet or relied upon by the prosecution – No prejudice to accused from non-disclosur...
(9)
STATE OF UTTAR PRADESH AND OTHERS .....Appellant Vs.
ASHOK KUMAR SRIVASTAVA AND ANOTHER .....Respondent D.D
21/08/2013
Service Law – Seniority – Respondent promoted to Reader and given seniority from date of promotion – Claimed retrospective seniority from date of vacancy – High Court granted relief, finding hostile discrimination as ten others were granted retrospective seniority – Supreme Court found no evidence of discrimination as respondent governed by different rules [Paras 1-7].Service Rules – A...