Ads Top

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

1. Orissa University of Agriculture & Technology v. Upendra Nath Patra, (2018) 5 SCC 693
Service Law - Field Supervisor - Whether equivalent to post of Teacher.
2. Mohinder Singh v. Paramjit Singh, (2018) 5 SCC 698
Limitation Act, 1963 - S. 14 is intended to provide relief against bar of limitation in cases of where remedy is mistakenly taken recourse to or selection of a wrong forum; 2018 (5) Scale 201
3. Bhartiben Nayabha Ker v. Sidabha Pethabha Manke, (2018) 5 SCC 716
Motor Vehicles Act, 1988 - S. 166 & 168 - Income towards Future Prospects - entitled to additional compensation of 25%; AIR 2018 SC 2728 : JT 2018 (4) SC 69 : 2018 (5) SCALE 345
4. State of Tamil Nadu v. S. Martin, (2018) 5 SCC 718
Criminal P.C. 1973 - S.482 - Quashment of Proceedings - Assessment made by High Court at a stage when investigation was yet to be completed, completely incorrect and uncalled for; AIR 2018 SC 1647 : JT 2018 (3) SC 605 : 2018 (5) SCALE 240
5. State of Karnataka v. Vedanta, (2018) 5 SCC 722
Environment Law - Illegal Mining - High Court mistakenly set aside permission granted by Special Court for such e-auction by State - Release of iron-ore to respondent held to be untenable - Order by Special Court restored - Liberty granted to respondent to establish his ownership over iron ore before appropriate court; 2018 (3) SCALE 647 : 2018 (1) Crimes 136 : 2018 (103) AllCC 341


6. Samaj Parivartana Samudaya v. State of Karnataka, (2018) 5 SCC 730
Environment Law - Public Interest Litigation (PIL) - illegal mining in forests of Karnataka and Andhra Pradesh - CBI was directed to register case and conduct investigation.
7. Samaj Parivartana Samudaya v. State of Karnataka, (2018) 5 SCC 732
Environment Law - Illegal Mining - illegal export of iron ore to foreign countries - CBI investigation directed.
8. Dev Kanya Tiwari v. State of U.P., (2018) 5 SCC 734
Medical Jurisprudence and Toxicology - Poison - Generally it is expected that the Doctor will preserve viscera for chemical analysis - prosecution has failed in its duty as no steps have been taken to preserve viscera - merely a statement by Doctor that viscera was not preserved as there is no presence of poison would not be suffice - medical evidence in the form of postmortem report though supports the case of prosecution, non-preservation of viscera by the Doctor remains fatal to the prosecution case; AIR 2018 SC 1377 : 2018 (4) Scale 330 bit.ly/CrlA720of2016
9. Pankaj Jain v. Union of India, (2018) 5 SCC 743
Criminal P.C. 1973 - S.88 - Power to release accused on bond upon his appearance in court - Said power is not mandatory - It is discretionary in nature; AIR 2018 SC 1155 : JT 2018 (3) SC 117 : 2018 (3) SCALE 421 : 2018 (2) Crimes 5 : 2018 (103) AllCC 322 : 2018 (1) KLT 996 bit.ly/CrlA321of2018
10. Lakshmamma v. Commissioner Bangalore Development Authority, (2018) 5 SCC 760
Administrative Law - Application of Mind - Bangalore Development Authority (BDA) without applying mind declined to restore record of rights (RoR) - Held, unsustainable; 2018 (5) Scale 246


11. Shivawwa v. National India Insurance, (2018) 5 SCC 762
Motor Vehicles Act, 1988 - Ss. 149 & 166 - Insurance Company is liable to satisfy judgments and awards in respect of third party risks - Principle of pay and recover applies even in absence of liability to pay compensation; AIR 2018 SC 1640 : JT 2018 (3) SC 584 : 2018 (5) SCALE 192
12. Ganga Malik v. Union of India, (2018) 5 SCC 771
Constitution of India, 1950 - Art. 32 - Police - Compensation for death during discharge of duty - Petitioner given liberty to approach State Government.
13. Union of India v. Indian Radiological and Imaging Association, (2018) 5 SCC 773
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Qualifications - Training - Prescription of - Training would sensitise concerned person to salutary objectives and purpose of legislation; AIR 2018 SC 1422 : JT 2018 (3) SC 304 : 2018 (4) SCALE 542
14. Dr. Pankaj Kumudchandra Phadnis v. Union of India, (2018) 5 SCC 785
Constitution of India - Art. 136 - Mohandas Gandhi assassination case - Reopening of long concluded matters based on hearsay evidence - Not maintainable; JT 2018 (3) SC 601 : 2018 (5) SCALE 171 bit.ly/SLP8293of2018
16. Dr. Vandana Tyagi v. Apeejay Saraswati P.G. College For Girls, (2018) 5 SCC 789
Constitution of India, 1950 - Art. 136 - Dispute between Principal and Management - High Court restrained from functioning as Principal - Management restrained from filling up post of Principal on a regular basis - High Court directed to dispose of appeal expeditiously; JT 2018 (2) SC 460
17. Bannareddy v. State of Karnataka, (2018) 5 SCC 790
Criminal Trial - Presumption of Innocence; AIR 2018 SC 1454 : JT 2018 (3) SC 557 : 2018 (4) Scale 323 : 2018 (2) Crimes 94
18. Union of India v. Chaman Rana, (2018) 5 SCC 798
Service Law - Promotion - Retrospective Promotion - Aggrieved must approach court at earliest opportunity or within reasonable time - Any directions at belated stage to consider employees for retrospective promotion after considerable time is bound to have serious administrative implications apart from financial burden on Government - Mere repeated filing of representations would not be sufficient explanation for delay in approaching court; AIR 2018 SC 1478 : 2018 (4) Scale 436
19. State of U.P. v. Om Pal, (2018) 5 SCC 805
Criminal P.C. 1973 - Ss. 374 & 386(b) - Appeal against conviction - Death by Shooting - High Court acquitted all accused - Justified.

No comments:

Powered by Blogger.