(1)
ONGC LTD. .....Appellant Vs.
MODERN CONSTRUCTION AND COMPANY .....Respondent D.D
07/10/2013
Civil Procedure – Return of Plaint – ONGC challenged the award of interest from the date of institution at Mehsana Court – Supreme Court held that when a plaint is returned under Order VII Rule 10 CPC, and refiled in a competent court, it is considered a fresh suit – Interest should accrue from the date of refiling, not from the original filing date [Paras 6-13].Limitation – Section 14 o...
(2)
SURYA BAKSH SINGH .....Appellant Vs.
STATE OF UTTAR PRADESH .....Respondent D.D
07/10/2013
Criminal Law – Abuse of Appeal Process – Supreme Court addressed the misuse of statutory appeal rights by convicts who, after obtaining bail, fail to surrender and evade justice – Emphasized that such appeals should be dismissed to prevent abuse of judicial process and ensure justice [Paras 1-2].Criminal Procedure – Inherent Powers of High Court – Court highlighted the importance of Sect...
(3)
G.L. BATRA .....Appellant Vs.
STATE OF HARYANA AND OTHERS .....Respondent D.D
07/10/2013
Constitutional Law – Remuneration of Constitutional Appointee – Appellant, Chairman of Haryana Public Service Commission, contested State Government's reduction of his remuneration – Government initially relaxed regulation and fixed remuneration, later withdrew benefit – Court held State's withdrawal of benefit discriminatory and violative of Article 14 – State cannot vary remu...
(4)
SOMNATH SARKAR .....Appellant Vs.
UTPAL BASU MALLICK AND ANOTHER .....Respondent D.D
07/10/2013
Negotiable Instruments – Dishonour of Cheque – Appellant convicted for issuing a cheque that was dishonoured for insufficient funds – Magistrate sentenced six months imprisonment and compensation of Rs. 80,000 – High Court substituted imprisonment with additional compensation – Supreme Court clarifies total compensation payable should not exceed twice the cheque amount – Further paymen...
(5)
KULJA INDUSTRIES LIMITED .....Appellant Vs.
CHIEF GEN. MANAGER W.T. PROJ. BSNL AND OTHERS .....Respondent D.D
04/10/2013
Administrative Law – Blacklisting – Appellant permanently blacklisted by BSNL for alleged fraud in receiving excess payments – High Court upheld blacklisting without fair hearing – Supreme Court held blacklisting must be fair, reasonable, and proportionate – Permanent blacklisting considered too harsh – Remanded to BSNL to determine appropriate period of debarment based on guidelines [...
(6)
AJAHAR ALI .....Appellant Vs.
STATE OF WEST BENGAL .....Respondent D.D
04/10/2013
Criminal Law – Assault on Woman – Appellant convicted for forcibly kissing a young girl – Sentenced to six months' simple imprisonment and fine – Concurrent findings by lower courts upheld – Supreme Court emphasizes protection of women's modesty – Request for leniency and applicability of Probation of Offenders Act rejected due to gravity of offence [Paras 1-12].Juvenile Just...
(7)
VISHNU (DEAD) BY L.RS. .....Appellant Vs.
STATE OF MAHARASHTRA AND OTHERS .....Respondent D.D
04/10/2013
Arbitration Clause – Interpretation – Clause 30 of B-1 Agreement examined to determine if it constitutes an arbitration clause – Clause empowers Superintending Engineer to resolve disputes but does not explicitly state arbitration – Supreme Court held Clause 30 is not an arbitration clause as it involves administrative decision-making not adjudication of disputes – Distinguished from arb...
(8)
PANCHANAND MANDAL @ PACHAN MANDAL AND ANOTHER .....Appellant Vs.
STATE OF JHARKHAND .....Respondent D.D
04/10/2013
Dowry Death – Elements of Offence – Appellants convicted under Section 304B IPC for causing death by burns of the deceased due to dowry harassment – Supreme Court emphasized the need to prove cruelty or harassment for or in connection with demand of dowry soon before death – Prosecution failed to establish this link, leading to acquittal [Paras 1-11, 14-15].Dying Declaration – Evidentiar...
(9)
BHARAT SANCHAR NIGAM LIMITED AND ANOTHER .....Appellant Vs.
G. SARVOTHAMAN .....Respondent D.D
04/10/2013
Persons with Disabilities – Promotion and Reservation – Respondent sought promotion under the physically handicapped quota – BSNL rejected as no relaxation/reservation for physically handicapped persons in promotion as in SC/ST – Chief Commissioner ordered inclusion of TOA cadre in identified posts and consideration for promotion – Supreme Court held the Chief Commissioner exceeded power...