11 Important Supreme Court Cases Reported in (2018) 5 SCC Part 2

1. Shafhi Mohammad v. State of H.P., (2018) 5 SCC 311 

Criminal Trial - Investigation - Videography - Importance of capturing crucial evidence in credible manner - Action plan and phased manner of implementation - Directions issued. 

2. State of T.N. v. Kamala, (2018) 5 SCC 322 

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - S. 3(1)(ii) - Preventive Detention - COFEPOSA does not require detaining authority to specify period for which a detenu is required to be detained - Not rendered invalid/illegal in absence of such specification; JT 2018 (4) SC 164 

3. Seema Upadhyay v. Union of India, (2018) 5 SCC 325 

Constitution of India, 1950 - Art. 32 - Public Interest Litigation (PIL) - Maintainability - CBI investigation - Oil Adulteration by mafias - Transfer of cash subsidy to intended beneficiaries of kerosene oil - Aadhaar card or through PDS or other credible mechanism - Petitioner was given liberty to approach oil companies; JT 2018 (4) SC 52 : 2018 (5) SCALE 338 

4. Sanjay Kumar Sinha v. Asha Kumari, (2018) 5 SCC 333 

Criminal Procedure Code, 1973 - S. 125 - Hindu Marriage Act, 1955 - Ss. 24 & 13 - Maintenance granted by Family Court under S. 24, 1955 Act would supersede maintenance granted under S. 125 CrPC; JT 2018 (4) SC 140 

5. Mohd. Akhtar v. State of J&K, (2018) 5 SCC 336 

Constitution of India, 1950 - Arts. 21 & 32 - Abduction, rape and murder of 8 yr old minor girl by juvenile accused - apprehension of no fair trial - members of Bar were protesting against prosecution of the accused - implication/prosecution sought to be given communal overtones - Prayer for transfer of case - security to victims’ family members, her counsel and another person assisting them - strengthening of security in juvenile home - accepted - shall be done keeping in view care and protection of children. 

6. Baxis Singh v. Sukhdev Singh, (2018) 5 SCC 338 

Civil Procedure Code, 1908- S. 9 - Abuse of Process of Court - Suppression of Material Facts - Suit for Specific Performance of Contract on basis of a power of attorney - Title and possession regarding suit land already stood adjudicated in favour of another person - High Court order setting aside decree of specific performance, affirmed. 

7. Asok Pande v. Supreme Court of India, (2018) 5 SCC 341 

Supreme Court Rules, 2013 - Or. 6 Rr. 1, 2 & 4 - Constitution of Benches of Supreme Court is exclusively in domain of prerogative powers of Chief Justice; JT 2018 (4) SC 154 

8. R. Kasthuri v. M. Kasthuri, (2018) 5 SCC 353 

Civil Procedure Code, 1908 - S. 9 - Maintainability of Civil Suit - Dispute principally as to succession to property - Question of legitimacy / legal status of parties - Legal heirs of deceased person - could only be resolved vide a civil suit; AIR 2018 SC 786 

9. Ashim Ranjan Das v. Shibu Bodhak, (2018) 5 SCC 356 

Tenancy and Land Laws - Judicial Interference / Validity - Necessary / Proper parties; AIR 2018 SC 1649 : 2018 (5) SCALE 350 

10. Aparbal Yadav v. State of U.P., (2018) 5 SCC 363 

Constitution of India, 1950 - Art. 226 - Exercise of power by High Court; JT 2018 (4) SC 236 

11. Bharatiya Janata Party v. State of W.B., (2018) 5 SCC 365 

Election - Incidents of Violence - Statute empowered the Election Commissioner to pass appropriate orders; AIR 2018 SC 1914 : JT 2018 (4) SC 133