Skip to main content

7 Important Supreme Court of India Judgments Pronounced Today [Thursday, 17th May 2018]

1. Kerala Assistant Public Prosecutors Association Vs. The State of Kerala

Code of Criminal Procedure, 1974 - Ss. 24 & 25 - The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

Judgment Link : http://bit.ly/2L7sNzr
Case Number C. A. No. 3792 / 2010 17-05-2018
Petitioner’s Advocate : P. S. Sudheer 
Respondent's Advocate : Nishe Rajen Shonker 
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice A. M. Khanwilkar, Hon'ble Dr. Justice D. Y. Chandrachud 
Judgment By : Hon'ble Mr. Justice A. M. Khanwilkar 

2. Authorised Officer, State Bank of India Vs. M/s Allwyn Alloys Pvt. Lt.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 - the High Court could not have directed the Bank to deposit Rs.25 Lacs in an interest earning deposit and the profits of the said deposit to enure to the benefit of the successful party - Such a direction was wholly uncalled for.

Judgment Link : http://bit.ly/2La91mP
Case Number : C. A. No. 5248 / 2018 17-05-2018
Petitioner’s Advocate : Sanjay Kapur 
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice A. M. Khanwilkar, Hon'ble Dr. Justice D. Y. Chandrachud 
Judgment By : Hon'ble Mr. Justice A. M. Khanwilkar 

3. Ms. X Vs. State of Telangana

Criminal Procedure Code 1973 - S. 439 - Penal Code, 1860 - Ss. 376, 342, 493, 506 & 354 (C) - Bail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out.

Judgment Link : http://bit.ly/2KwU4Kp
Case Number : Crl. A. No. 716 / 2018 17-05-2018
Petitioner’s Advocate : Aparna Bhat 
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice A. M. Khanwilkar, Hon'ble Dr. Justice D. Y. Chandrachud 
Judgment By : Hon'ble Dr. Justice D. Y. Chandrachud 


4. Amrit Paul Singh Vs. Tata AIG General Insurance Co. Ltd.

Motor Vehicles Act, 1988 - S. 66 - Permit - Use of a vehicle in a public place without a permit is a fundamental statutory infraction.

Judgment Link : http://bit.ly/2rPHFtD
Case Number : C. A. No. 2253 / 2018 17-05-2018
Petitioner’s Advocate : Abhishek Atrey 
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice A. M. Khanwilkar, Hon'ble Dr. Justice D. Y. Chandrachud 
Judgment By : Hon'ble The Chief Justice 

5. Kiran Pal Singh Vs. State of Uttar Pradesh

Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 - Section 15(2) - A Pramukh can be removed when a vote of no confidence is passed against him - Once the no confidence motion fails, it cannot be brought again for one year.

Judgment Link : http://bit.ly/2rQRmIg
Case Number : C. A. No. 2622 / 2018 17-05-2018
Petitioner’s Advocate : Aditya Ranjan 
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice A. M. Khanwilkar, Hon'ble Dr. Justice D. Y. Chandrachud 
Judgment By : Hon'ble The Chief Justice 

6. District Basic Education Officer Allahabad Vs. Sushila Jaiswal (dead) Through Her Lrs

UP Basic Education Act, 1872 - UP Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 - The effect of the orders passed by the High Court is that 1st respondent is to be paid salary for nearly 10 years when in reality she had actually worked for only 36 days during that period. She herself sought pre-mature voluntary retirement and was allowed to retire and was extended all retired benefits. Considering all these facts and circumstances, the orders passed by the Single Judge and the Division Bench in the present matter, in our view are unsustainable and erroneous.

Judgment Link : http://bit.ly/2KBmT8v
Case Number : C. A. No. 5628 / 2018 17-05-2018
Petitioner’s Advocate : Rakesh Mishra 
Bench : Hon'ble Mr. Justice Arun Mishra, Hon'ble Mr. Justice Uday Umesh Lalit 
Judgment By : Hon'ble Mr. Justice Arun Mishra 

7. Vaijnath Kondiba Khandke Vs. State of Maharashtra

Penal Code, 1860 - S. 306 - Abetment of Suicide - Superior Officer - As a superior officer, if some work was assigned by the applicant to the deceased, merely on that count it cannot be said that there was any guilty mind or criminal intent. The exigencies of work and the situation may call for certain action on part of a superior including stopping of salary of a junior officer for a month. That action simplicitor cannot be considered to be a pointer against such superior officer.

Judgment Link : http://bit.ly/2Kzty3k
Case Number : Crl. A. No. 765 / 2018 17-05-2018
Petitioner’s Advocate : D. Mahesh Babu 
Bench : Hon'ble Mr. Justice Arun Mishra, Hon'ble Mr. Justice Uday Umesh Lalit 
Judgment By : Hon'ble Mr. Justice Arun Mishra 

Comments

Popular posts from this blog

500+ Supreme Court of India Judgments on Motor Vehicles Act, 1988 with Head Notes & Citations

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014] 

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 -  Section 138 -  failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record    whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

When Magistrate may Dispense with Personal Attendance of Accused [SC Judgment] | First Law

Criminal Procedure Code, 1972 - Ss. 205 & 317 - Magistrate may dispense with personal attendance of accused - Provision for inquiries and trial being held in the absence of accused in certain cases - Discussed.