Judgments - Supreme Court of India
ROXANN SHARMA Vs. ARUN SHARMA
There can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Full Judgment
MAHATMA EDUCATION SOCIETY'S PILLAI'S INSTITUTE OF INFORMATION TECHNOLOGY, ENGIN Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.
The short question involved in this petition is with regard to grant of approval to educational institutions run by the petitioner society. It is not in dispute that the petitioner society has been imparting education to students through its colleges for the last 15 years. If approval is not granted, the students, who have already been admitted by an interim Full Judgment
M/S SYSTEM FOR INTERNATIONAL AGENCIES Vs. M/S RAHUL COACH BUILDERS P. LTD
Upon perusal of the said clause it is very clear that the parties to the agreement had agreed to refer the dispute to arbitration under the provisions of the 'By-laws of Indian Companies Act, 1956'. The learned counsel appearing for the parties had fairly conceded that there are no by-laws framed under the provisions of the Indian Companies Act, 1956. Though an Full Judgment
STATE OF KARNATAKA TR.SEC.HSG.& URB.&ANR Vs. VASAVADATTA CEMENT & ANR.
The appeal has been preferred by the State of Karnataka. The State has neither created any document nor filed the same before the High Court or this Court. If any document is created by any officer to keep it on record so as to produce it before the Court, it is a serious matter which requires to be inquired into by the concerned authority. In Full Judgment
STATE OF M P AND ORS Vs. HITKISHORE GOSWAMI
The question, which arises for consideration in this appeal is whether the Courts below were justified in allowing the respondent's writ petition and in consequence justified in issuing directions in the nature of writ of mandamus in relation to respondent's pension case. It was for the reason that respondent having voluntarily tendered his resignation from the said service without there being any condition Full Judgment
WARSALIGANJ SAHKARI CHINI MILL MAZD.UNIN Vs. STATE OF BIHAR & ORS.
Whether seasonal workers of the sugar factories stopped crushing years back would be entitled to retaining allowance, was the main issue agitated by the appellant-union before the High Court. In order to avoid any confusion, it is clarified that the seasonal workers attached to the sugar Full Judgment
AJAY KUMAR CHOUDHARY Vs. UNION OF INDIA THR ITS SECRETARY & ANR
Learned Senior Counsel for the Appellant, however, has rightly relied on a series of Judgments of this Court, including O.P. Gupta v. Union of India 1987 (4) SCC 328, where this Court has enunciated that the suspension of an employee is injurious to his interests and must not be continued for an unreasonably long period; that, therefore, an order of suspension should not be lightly passed. Suspension, specially preceding Full Judgment
BINOY AND ANR Vs. STATE OF KERALA
P.V. GURU RAJ REDDY & ANR. Vs. P. NEERADHA REDDY & ORS.
-The finding of the High Court in this regard proceeds on the basis that the plaintiffs had admitted in the plaint that the property purchased in the name of the defendant No.3 belonged to the plaintiffs. Therefore the provisions of Benami Transactions (Prohibition) Act, 1988 would apply. We fail to see how the aforesaid view of the High Court can be sustained. The suits in question were not filed for recovery of any property held in benami by the defendants. Rather, the suit was for declaration of Full Judgment
STATE OF M.P. VERSUS MEHTAAB
- It is the duty of the Court to award just sentence to a convict against whom charge is proved. While every mitigating or aggravating circumstance may be given due weight, mechanical reduction of sentence to the period already undergone cannot be appreciated. Sentence has to be fair not only to the accused but also to the victim and Full Judgment
Union of India & Anr. Versus Rajbir Singh
The essence of the rules, as seen earlier, is that a member of the armed forces is presumed to be in sound physical and mental condition at the time of his entry into service if there is no note or record to the contrary made at the time of such entry. More importantly, in the event of his subsequent discharge from service on medical ground, any deterioration in his health Full Judgment
NATIONAL THERMAL POWER CORP. LTD. Vs. M/S ASHOK KUMAR SINGH & ORS.
-While the technical bids were opened and found compliant, the financial bids had yet to be opened when the respondents moved an application addressed to the AGM (C&M) of the appellant-corporation at Rai Bareilly withdrawing the bids submitted by it and asking for being excluded from consideration besides praying for refund of the earnest money deposited with the bids. - -The expression "revocation of tender" does not Full Judgment
M/S KSS KSSIIPL CONSORTIUM THRO. ITS CONSTITUTED ATTORNEY MR. DEVENDRA KUMAR VERSUS M/S GAIL (INDIA) LTD.
-There can be no manner of doubt that before exercising the power under Section 11(6) of the Arbitration Act to make appointment of an arbitrator the Court will have to decide on the existence of an arbitrable dispute/enforceable claim by and between the parties to the contract. The existence of a claim and denial thereof giving rise to a dispute is required Full Judgment
Raveesh Chand Jain Raveesh versus Raj Rani Jain
- The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination Full Judgment
SAI KRIPA MANGAL KARYALAYA & ORS. VERSUS NAGPUR MUNICIPAL CORPORATION & ORS.
In absence of the sanctioned plan, we are of the view that the High Court was not justified in deciding the disputed question of fact as to whether the building was constructed in accordance with Town Planning Scheme. the High Court was not justified in entertaining the so called Public Interest Litigation filed by persons who had personal dispute with respondent no.4. we Full Judgment
BHIM SINGH & ANR. Versus STATE OF UTTARAKHAND
-The demand for dowry can be made at any time and not necessarily before marriage.- -Unlike as in Section 304- B where the court "shall presume" dowry death, when the prosecution has established the ingredients, under Section 113A of the Evidence Act, discretion has been conferred upon the Court wherein it has been provided that the Court may Full Judgment
DASIN BAI @ SHANTI BAI Vs. STATE OF CHHATTISGARH
-This Court has observed in a number of cases, that there is no reason to doubt the veracity of the dying declaration especially, since there is consistency between them. In the case of Ravi & Anr. v State of T.N. (2004 (10) SCC 776), it has been held by this Court that if the truthfulness or otherwise of the dying declaration cannot be doubted, the same Full Judgment
Sonu Gupta Versus Deepak Gupta & Ors.
-At the stage of cognizance and summoning the Magistrate is required to apply his judicial mind only with a view to take cognizance of the offence, or, in other words, to find out whether prima facie case has been made out for summoning the accused persons. At this stage, the learned Magistrate is not required to consider the defence version or materials or Full Judgment
KRISHNA HARE GAUR Vs. VINOD KUMAR TYAGI AND ORS
-When the appointment is made de hors the rules, the same is a nullity. In such an eventuality, the statutory bar like doctrine of res judicata is not attracted. -"From the above, it is evident that even in judicial proceedings, once a fraud is proved, all advantages gained by playing fraud can be taken away. In such an eventuality the questions of non-executing of the Full Judgment
MADHUKAR SADBHA SHIVARKAR (D) BY LRS. Vs. STATE OF MAHARASHTRA & ORS.
In our considered view, the orders impugned in the writ petitions which are affirmed by the High Court, are perfectly legal and valid and therefore, the same do not warrant interference by this Court in exercise of power of this Court under Article 136 of the Constitution, but on the other hand, the aforesaid orders of the State Government can also be traceable to executive power of Full Judgment