(1)
BHUSHAN POWER AND STEEL LTD. AND OTHERS .....Appellant Vs.
RESPONDENT(S): STATE OF ORISSA AND ANOTHER .....Respondent D.D
14/03/2012
Contracts – Memorandum of Understanding – Appellant and State Government entered into MOU on May 15, 2002, for setting up a steel plant – State Government's later demand for a fresh MOU deemed arbitrary – Original MOU acted upon by both parties – High Court's ruling requiring fresh MOU set aside [Paras 1-24, 30-34].Administrative Law – Legitimate Expectation – State Governm...
(2)
ASHOK SADARANGANI AND ANOTHER .....Appellant Vs.
RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D
14/03/2012
Criminal Law – Compounding of Offences – Petitioners sought quashing of criminal proceedings on basis of a compromise reached with complainant banks – Supreme Court held that non-compoundable offences could not be quashed merely due to settlement – Emphasis on the criminal intent of petitioners rather than the civil aspect of dues – Writ petition dismissed [Paras 1-22].Inherent Powers â€...
(3)
JAI PRAKASH SINGH .....Appellant Vs.
RESPONDENT(S): STATE OF BIHAR AND ANOTHER ETC. .....Respondent D.D
14/03/2012
Criminal Law – FIR and Delay – The promptness in lodging the FIR provides assurance of the informant's version – Delay can introduce colored versions and concocted stories – FIR lodged promptly within two hours in this case considered reliable [Paras 11-12].Bail – Anticipatory Bail – Distinction between regular bail (Section 439) and anticipatory bail (Section 438) – Anticipator...
(4)
RASHMI AJAY KR. KESHARWANI AND ANOTHER .....Appellant Vs.
RESPONDENT(S): AJAY KR. KESHARWANI AND OTHERS .....Respondent D.D
12/03/2012
Habeas Corpus – Custody Disputes – Writ petition by husband for custody of minor son – Habeas corpus writ should not be issued in such matters – Supreme Court held that non-bailable warrant against wife was uncalled for and illegal – High Court's order quashed [Paras 1-16].Judicial Discretion – Exercise of Habeas Corpus – Court emphasized that habeas corpus should not be issued ...
(5)
H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs.
RESPONDENT(S): RANJIT SINGH RANA .....Respondent D.D
12/03/2012
Arbitration – Post-Award Interest – Arbitrator did not exercise discretion on post-award interest – High Court awarded 18% p.a. interest from the date of award until the date of actual payment – Supreme Court held that deposit of the award amount in the High Court constitutes payment, ceasing liability for post-award interest from that date – High Court's order modified accordingly ...
(6)
VISMAY DIGAMBAR THAKARE .....Appellant Vs.
RESPONDENT(S): RAMCHANDRA SAMAJ SEWA SAMITI AND OTHERS .....Respondent D.D
02/03/2012
Employment Law – Back Wages – Appellant awarded back wages by School Tribunal – High Court set aside the award – Supreme Court considered precedents on back wages entitlement even without specific assertion of non-employment – Settlement reached between parties for payment of Rupees one lakh towards back wages in full and final settlement [Paras 1-7].Judicial Precedents – Application â...
(7)
VINAYAK KASHINATH SHILKAR Vs.
RESPONDENT: DY. COLLECTOR AND COMPETENT AUTHORITY AND OTHERS D.D
29/02/2012
Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 – The possession of vacant land not taken over by the State Government or Competent Authority prior to the Repeal Act’s adoption would result in abatement of proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 – Mere vesting of vacant land without actual possession does not fulfill the requirements for the a...
(8)
KISHOR KUMAR AND OTHERS Vs.
RESPONDENT: PRADEEP SHUKLA AND OTHERS D.D
29/02/2012
Employment Law – Pharmacists' Appointment – The court dealt with the interpretation of Rule 15(2) of the Uttar Pradesh Pharmacists Service Rules, 1980 – The Rule required appointments to be made batch-wise from each year of diploma holders – Several writ petitions challenged the advertisement dated 12.11.2007 for 766 vacancies for not adhering to this interpretation – High Court’s...
(9)
MANO DUTT AND ANOTHER Vs.
RESPONDENT: STATE OF U.P. D.D
29/02/2012
Criminal Law – Conviction for Murder – Appellants were convicted for the murder of Siya Ram, with life imprisonment awarded by the trial court and affirmed by the High Court – The Supreme Court dismissed the appeal, holding that the prosecution had established the case beyond reasonable doubt – The involvement of the appellants in the crime was corroborated by credible witness testimonies ...