(1)
GIRISH RAMCHANDRA DESHPANDE .....Appellant Vs.
RESPONDENT(S): CENTRAL INFORMATION COMMISSIONER AND OTHERS .....Respondent D.D
03/10/2012
Right to Information – Exemption of Personal Information – Information relating to the personal matters of a public servant, such as service career details, assets, and liabilities, is exempt from disclosure under Section 8(1)(j) of the RTI Act – Disclosure of such information must serve a larger public interest – Appellant failed to establish bona fide public interest – Appeal dismissed...
(2)
VINOD KAPOOR .....Appellant Vs.
RESPONDENT(S): STATE OF GOA AND OTHERS .....Respondent D.D
03/10/2012
Civil Procedure – Special Leave Petition – Withdrawal and Finality – An SLP withdrawn without liberty to file afresh precludes subsequent challenge under Article 136 – Review petition rejection not appealable under Order 47 Rule 7 CPC – Earlier SLP withdrawal bars re-litigation on the same grounds [Paras 1-12].Town and Country Planning – Unauthorized Construction – Coastal Regulation...
(3)
M.R. PRABHAKAR AND OTHERS .....Appellant Vs.
RESPONDENT(S): CANARA BANK AND OTHERS .....Respondent D.D
03/10/2012
Banking Regulations – Pension Eligibility – Resignation vs. Retirement – Officers who resigned before the implementation of the Canara Bank Pension Regulations, 1995, are not entitled to pension benefits as resignation does not equate to retirement under the Regulations – Distinction between resignation and voluntary retirement upheld – Appeal dismissed [Paras 1-21].Pension Regulations â...
(4)
MANHARIBHAI MULJIBHAI KAKADIA AND ANOTHER .....Appellant Vs.
RESPONDENT(S): SHAILESHBHAI MOHANBHAI PATEL AND OTHERS .....Respondent D.D
01/10/2012
Criminal Procedure – Right to Hearing in Revision – Suspects in criminal complaints are entitled to be heard in revision petitions filed by complainants challenging the dismissal of complaints by Magistrates under Section 203 CrPC – High Court's order rejecting the application of suspects for impleadment in revision proceedings overturned – Emphasized the requirement of Section 401(2)...
(5)
MANUBHAI RATILAL PATEL TR. USHABEN .....Appellant Vs.
RESPONDENT(S): STATE OF GUJARAT AND OTHERS .....Respondent D.D
28/09/2012
Criminal Procedure - Remand of Accused - Writ of Habeas Corpus - Appellant challenged the legality of detention following remand orders passed by a competent Magistrate under Sections 167 and 309 CrPC - Supreme Court held that a writ of habeas corpus is not to be entertained if detention results from a judicial order that is not without jurisdiction or wholly illegal - Detention affirmed [Paras 1-...
(6)
SPEAKER HARYANA VIDHAN SABHA .....Appellant Vs.
RESPONDENT(S): KULDEEP BISHNOI AND OTHERS .....Respondent D.D
28/09/2012
Constitutional Law – Jurisdiction of High Court – Interim Orders – High Court issued interim orders restraining MLAs from functioning as members of the Assembly during pendency of disqualification petitions before the Speaker – Supreme Court held High Court had no jurisdiction to pass such interim orders – Speaker’s decision under Paragraph 6 of Tenth Schedule must precede judicial rev...
(7)
CHLORO CONTROLS (I) P. LTD. .....Appellant Vs.
RESPONDENT(S): SEVERN TRENT WATER PURIFICATION INC. AND OTHERS .....Respondent D.D
28/09/2012
Arbitration – Reference to Arbitration – Section 45 of Arbitration and Conciliation Act, 1996 – Court’s role in determining validity and applicability of arbitration agreement – Right to reference is legal, not absolute – Court must refer parties to arbitration unless agreement is null, void, or incapable of being performed – Greater obligation to refer matters to arbitration compare...
(8)
IN RE: SPECIAL REFERENCE NO. 1 OF 2012 .....Appellant Vs.
RESPONDENT(S): NOT APPLICABLE .....Respondent D.D
27/09/2012
Constitutional Law – Presidential Reference – Article 143(1) – Scope and Breadth – Supreme Court has discretionary power to decline to answer a reference for good reasons – Satisfaction of the President regarding the nature and importance of the questions is essential – No mandatory format required for the reference [Paras 23-33].Disposal of Natural Resources – Methods – Auction as...
(9)
LAXMAN .....Appellant Vs.
RESPONDENT(S): THE STATE OF MAHARASHTRA .....Respondent D.D
27/09/2012
Criminal Law – Murder – Conviction – Delay in lodging FIR explained – Prosecution case supported by medical evidence – Evidence of PWs inspiring confidence – Conviction affirmed [Paras 1-16].Delay in FIR – Explained – Delay in lodging FIR due to efforts to save the life of the deceased – Incident occurred at 7 a.m., FIR lodged after the deceased died at 7:30 p.m. [Para 11].Witnes...