Caselaw | Supreme Court Judgements of august 2019

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Krishnamurthy S. Setlur (D) Through Lrs. v. O.V. Narasimha Setty (D) By Lrs.

Citation : 2019 Latest Caselaw 681 SC

Limitation Act, 1963

Headnote :

The Limitation Act of 1963, Article 65, addresses adverse possession and the right to seek restoration. The appeals raise a preliminary question regarding whether the plaintiff can assert a claim of adverse possession based on the interpretation of Article 65. In the case of Ravinder Kaur Grewal & O...

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Mahanagar Telephone Nigam Ltd. v. Canara Bank

Citation : 2019 Latest Caselaw 682 SC

Arbitration and Conciliation Act, 1996
Depositories Act, 1996

Headnote :

Indu Malhotra, J.A. Arbitration and Conciliation Act, 1996 Section 7(4)(c) - Arbitration Agreement - The existence of an arbitration agreement is confirmed by the agreement between the parties as documented in a judicial order, which is deemed final and conclusive. MTNL, having consented to refer di...

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Mahanagar Telephone Nigam Ltd. v. Canara Bank

Citation : 2019 Latest Caselaw 683 SC

Arbitration and Conciliation Act, 1996
Depositories Act, 1996

Headnote :

Sections 16 and 7(3) of the Arbitration and Conciliation Act, 1996, and Section 111 of the Companies Act, 1956.[Para ]

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Mahanagar Telephone Nigam Ltd. v. Canara Bank

Citation : 2019 Latest Caselaw 684 SC

Arbitration and Conciliation Act, 1996
Depositories Act, 1996

Headnote :

Sections 16 and 7(3) of the Arbitration and Conciliation Act, 1996, and Section 111 of the Companies Act, 1956.[Para ]

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Baljeet Singh v. State of U.P.

Citation : 2019 Latest Caselaw 685 SC

Market Committee, Hodal Vs. Krishan Murari & Ors [1995] INSC 631 (6 November 1995)

Headnote :

Section 4 of the Land Acquisition Act, 1894.[Paragraph]

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Commissioner of Police v. Devender Anand

Citation : 2019 Latest Caselaw 686 SC

CrPC Section 200. Examination of complainant
Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 420 and 34, along with Section 200 of the Criminal Procedure Code of 1973, addresses the issue of cheating through private criminal complaints and proceedings. In this case, after discovering that the property he purchased was mortgaged to a bank,...

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Zonal Manager, Bank of India, Zonal Office, Kochi v. Aarya K. Babu

Citation : 2019 Latest Caselaw 687 SC

Headnote :

Service Regulations for Officers of the Bank of India, established in 1979.[Paragraph]

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Mallikarjun v. State of Karnataka

Citation : 2019 Latest Caselaw 688 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Anter Singh Vs. State of Rajasthan [2004] Insc 75 (5 February 2004)
Bakhshish Singh Vs. The State of Punjab [1957] INSC 70 (17 September 1957)

Headnote :

Section 302 of the Indian Penal Code, 1860.[Paragraph]

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Secretary Managing Committee BSMPG College Roorkee v. Dr. Samrat Sharma

Citation : 2019 Latest Caselaw 689 SC

Indian Penal Code, 1860 (IPC)
U.P. State Universities Act, 1973

Headnote :

U.P. State Universities Act of 1973, Section 50, subsection (1).

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State of Tamil Nadu v. A. Kalaimani

Citation : 2019 Latest Caselaw 690 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

Sections 465, 468, 471, 417, 201, and 120B of the Indian Penal Code, 1860, along with Section 66 of the Information Technology (Amendment) Act, 2008, in conjunction with Section 43 (1).[Para ]

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M/s Shahi And Associates v. State of U.P.

Citation : 2019 Latest Caselaw 691 SC

Arbitration and Conciliation Act, 1996
Civil Laws

Headnote :

Section 24 of the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976.

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Krishnamurthy S. Setlur (D) Through Lrs. v. O.V. Narasimha Setty (D) By Lrs.

Citation : 2019 Latest Caselaw 692 SC

Limitation Act, 1963

Headnote :

Article 65 of the Limitation Act, 1963.

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Commissioner of Police v. Devender Anand

Citation : 2019 Latest Caselaw 693 SC

CrPC Section 200. Examination of complainant
Indian Penal Code, 1860 (IPC)

Headnote :

Sections 420 and 34 of the Indian Penal Code, 1860.[Paragraph]

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Wainganga Bahuuddeshiya Vikas Sanstha Through President B.B. Karanjekar v. Ku. Jaya

Citation : 2019 Latest Caselaw 694 SC

Maharashtra Universities Act, 1994

Headnote :

Maharashtra Universities Act of 1994, Section 59.

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Anu Bhanvara v. Iffco Tokio General Insurance Company Limited

Citation : 2019 Latest Caselaw 695 SC

New India Assurance Co. Ltd. Vs. Asha Rani & Ors [2001] INSC 401 (17 August 2001)

Headnote :

According to Sections 147 and 149 of the Motor Vehicles Act, 1988, the liability of the insurer to provide compensation arises when gratuitous passengers, who were traveling in a goods vehicle, suffer permanent disabilities due to injuries from an accident. Although the vehicle was insured as a good...

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State of Andhra Pradesh v. B. Ranga Reddy

Citation : 2019 Latest Caselaw 696 SC

ccc
Code of Civil Procedure, 1908 (CPC)

S. Nazeer Ahmed Vs. State Bank of Mysore & Ors [2007] Insc 36 (12 January 2007)
Ganga Bai Vs. Vijay Kumar & Ors [1974] INSC 85 (9 April 1974)

Headnote :

A. According to the Civil Procedure Code of 1908, specifically Order 41, Rules 22 and 33, in the context of appeals and cross-objections, defendants are not permitted to appeal against a decree that simply dismisses a suit. They can, however, challenge any findings against them through cross-objecti...

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Wainganga Bahuuddeshiya Vikas Sanstha Through President B.B. Karanjekar v. Ku. Jaya

Citation : 2019 Latest Caselaw 697 SC

Maharashtra Universities Act, 1994

Headnote :

Termination - Sustainability - The respondent was appointed on an ad-hoc basis while awaiting the filling of a regular vacancy - No entitlement was granted to the respondent for a regular appointment - The respondent\'s appointment was not considered probationary as there was no such stipulation in...

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Pioneer Urban Land and Infrastructure Limited v. Union of India

Citation : 2019 Latest Caselaw 698 SC

Andaman and Nicobar Islands Real Estate (Regulation and Development) (General) Rules, 2016
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
Government of India Act, 1935
Indian Succession Act, 1925
Industrial Finance Corporation Act, 1948
Industrial Reconstruction Bank of India Act, 1984
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
Insolvency and Bankruptcy Code (Second Amendment) Act, 2018
Real Estate (Regulation and Development) Bill, 2013
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Reserve Bank of India Act, 1934
Unit Trust of India Act, 1963

Mahalakshmi Oil Mills Vs. State of Andhra Pradesh & Ors [1988] INSC 278 (14 September 1988)
Bank of India Vs. Vijay Transport & Ors [1987] INSC 327 (11 November 1987)
S. Sundaram Pillai Vs. V.R. Pattabiraman [1985] INSC 13 (24 January 1985)
Srinivasa Enterprises & Ors Vs. Union of India [1980] INSC 188 (24 September 1980)
Union of India Vs. Raman Iron Foundry [1974] INSC 52 (12 March 1974)

Headnote :

The Insolvency and Bankruptcy Code of 2016, specifically Sections 5(7) and 7, along with Section 2 of the Real Estate (Regulation and Development) Act of 2016.

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R. Jayapal v. State of Tamil Nadu

Citation : 2019 Latest Caselaw 699 SC

Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 341. Punishment for wrongful restraint.

Darshan Singh Vs. State of Punjab [January 06, 2016]
Gurcharan Singh Vs. State of Punjab [DECEMBER 2, 2016]
Darshan Singh Vs. State of Punjab [2007] Insc 124 (13 February 2007)
Gurcharan Singh & Ors Vs. State of Punjab [1993] INSC 505 (25 November 1993)
Charan Singh & Ors Vs. State of Punjab [1974] INSC 129 (26 July 1974)
Gurcharan Singh Vs. State of Punjab [1962] INSC 229 (10 August 1962)
Darshan Singh Vs. State of Punjab [1952] INSC 66 (5 December 1952)

Headnote :

Sections 299, 302, and 341 of the Indian Penal Code, 1860.[Paragraph]

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Anu Bhanvara v. Iffco Tokio General Insurance Company Limited

Citation : 2019 Latest Caselaw 700 SC

New India Assurance Co. Ltd. Vs. Asha Rani & Ors [2001] INSC 401 (17 August 2001)

Headnote :

Motor Vehicles Act of 1988.[Paragraph]

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Director of Horticulture, Odisha v. Pravat Kumar Dash

Citation : 2019 Latest Caselaw 701 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Article 311, and the Orissa Civil Services Rules, 1962.

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State of Andhra Pradesh v. B. Ranga Reddy

Citation : 2019 Latest Caselaw 702 SC

ccc
Code of Civil Procedure, 1908 (CPC)

S. Nazeer Ahmed Vs. State Bank of Mysore & Ors [2007] Insc 36 (12 January 2007)
Ganga Bai Vs. Vijay Kumar & Ors [1974] INSC 85 (9 April 1974)

Headnote :

Order 14, Rule 1 of the Civil Procedure Code, 1908.[Paragraph]

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R. Jayapal v. State of Tamil Nadu

Citation : 2019 Latest Caselaw 703 SC

Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 341. Punishment for wrongful restraint.

Darshan Singh Vs. State of Punjab [January 06, 2016]
Gurcharan Singh Vs. State of Punjab [DECEMBER 2, 2016]
Darshan Singh Vs. State of Punjab [2007] Insc 124 (13 February 2007)
Gurcharan Singh & Ors Vs. State of Punjab [1993] INSC 505 (25 November 1993)
Charan Singh & Ors Vs. State of Punjab [1974] INSC 129 (26 July 1974)
Gurcharan Singh Vs. State of Punjab [1962] INSC 229 (10 August 1962)
Darshan Singh Vs. State of Punjab [1952] INSC 66 (5 December 1952)

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, the acquittal of a co-accused raises questions about the propriety of the conviction of the accused. The appellant, along with his brother and wife, was charged with acting in furtherance of a common intention when they confronted the deceased as...

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Nareshbhai Bhagubhai v. Union of India

Citation : 2019 Latest Caselaw 704 SC

Advocates Act, 1961
Constitution of India
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Land Acquisition Act, 1894
Land Acquisition Act, 1894
National Highways Act, 1956
National Highways Act, 1956
Railways (Amendment) Act, 2008
Railways Act, 1989

State of Punjab Vs. Gurdial Singh & Ors [1979] INSC 220 (25 October 1979)
A.K. Kraipak & Ors Vs. Union of India & Ors [1969] INSC 129 (29 April 1969)

Headnote :

Section 20 of the Railways Act, 1989 and the Land Acquisition Act, 1894.[Paragraph]

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Institution of Mechanical Engineers (India) Through Its Chairman v. State of Punjab

Citation : 2019 Latest Caselaw 705 SC

Indira Gandhi National Open University Act, 1985
Societies Registration Act, 1860
University Grants Commission Act, 1956

Mohan Singh Vs. State of Punjab [1962] INSC 98 (15 March 1962)

Headnote :

Section 22(1) of the University Grants Commission Act, 1956 and the All India Council for Technical Education Act, 1987.[Para ]

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Venkitalakshmi v. K. Raju

Citation : 2019 Latest Caselaw 706 SC

Headnote :

According to Article 136 of the Constitution of India, 1950, and Section 16(c) of the Specific Relief Act, 1963, the High Court determined that the Plaintiff did not demonstrate that the deadline for completing the transaction was extended. This finding is not erroneous. Once the notion that the tim...

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Ashok Kumar v. Depinder Singh Dhesi

Citation : 2019 Latest Caselaw 707 SC

J.S. Parihar Vs. Ganpat Duggar & Ors [1996] INSC 1118 (11 September 1996)

Headnote :

The Contempt of Courts Act, 1971, Section 2(b), addresses noncompliance with court orders. It was determined that degrees obtained through Distance Education Mode were not legally valid. However, students who enrolled between 2001 and 2005 were granted two opportunities to demonstrate their qualific...

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Assam Public Works v. Union of India

Citation : 2019 Latest Caselaw 708 SC

Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003
Citizenship Act, 1955

Headnote :

The Citizenship Act of 1955, specifically Sections 3 and 6A, along with the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003, Rule 4A, pertains to the creation of the National Register of Indian Citizens in Assam. In its order dated July 23, 2019, the Court refe...

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Nareshbhai Bhagubhai v. Union of India

Citation : 2019 Latest Caselaw 709 SC

Advocates Act, 1961
Constitution of India
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Land Acquisition Act, 1894
Land Acquisition Act, 1894
National Highways Act, 1956
National Highways Act, 1956
Railways (Amendment) Act, 2008
Railways Act, 1989

State of Punjab Vs. Gurdial Singh & Ors [1979] INSC 220 (25 October 1979)
A.K. Kraipak & Ors Vs. Union of India & Ors [1969] INSC 129 (29 April 1969)

Headnote :

A. Under Section 20 of the Railways Act, 1989 and Section 20(D) of the Railways (Amendment) Act, 2008, regarding acquisition proceedings, it is noted that objections must be properly addressed. The oral communication of orders and notes made on internal files do not fulfill the legal requirements. T...

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The Principal Commissioner of Income Tax-4, Mumbai v. M/s. S.G. Asia Holdings (India) Pvt. Ltd.

Citation : 2019 Latest Caselaw 710 SC

Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, specifically Sections 92 and 143(3), pertains to transfer pricing and additional assessments. The respondent received a certain amount of brokerage from its parent company. During the assessment proceedings, the respondent was instructed to provide details regarding the p...

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Thankamony Amma v. Omana Amma N.

Citation : 2019 Latest Caselaw 711 SC

Code of Civil Procedure, 1908 (CPC)
Kerala Buildings (Lease and Rent Control) Act, 1965

Headnote :

The Kerala Buildings (Lease and Rent Control) Act of 1965, Section 20, addresses the relationship between landlord and tenant. It clarifies that when the High Court is exercising its revisional powers, it is not permitted to reassess the evidence or the concurrent findings made by the lower courts....

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Madhukar Nivrutti Jagtap v. Smt. Pramilabai Chandulal Parandekar

Citation : 2019 Latest Caselaw 712 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Specific Relief Act, 1963
Transfer of Property Act, 1882

Sarvinder Singh Vs. Dalip Singh & Ors [1996] INSC 885 (2 August 1996)

Headnote :

A. Under Section 52 of the Transfer of Property Act, 1882, the principle of lis pendens does not render transactions occurring during the pendency of a lawsuit illegal or void from the outset. Instead, the doctrine of lis pendens serves to ensure that such transactions are subordinate to the rights...

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Thankamony Amma v. Omana Amma N.

Citation : 2019 Latest Caselaw 713 SC

Code of Civil Procedure, 1908 (CPC)
Kerala Buildings (Lease and Rent Control) Act, 1965

Headnote :

Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 - Kerala Land Reforms Act, 1963.[Paragraph]

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Venkitalakshmi v. K. Raju

Citation : 2019 Latest Caselaw 714 SC

Headnote :

Article 136(1) of the Constitution of India, 1950.

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Commissioner of Income Tax v. Laxman Das Khandelwal

Citation : 2019 Latest Caselaw 715 SC

Gwalior
Income Tax Act, 1961

Headnote :

According to Sections 132 and 143(2) of the Income Tax Act, 1961, a reassessment can be challenged on the basis that the Assessing Officer did not have jurisdiction due to the absence of a Notice. If the Assessing Officer, in rejecting a return filed under Section 158 BC(a), conducts an inquiry, he...

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The Principal Commissioner of Income Tax-4, Mumbai v. M/s. S.G. Asia Holdings (India) Pvt. Ltd.

Citation : 2019 Latest Caselaw 716 SC

Income Tax Act, 1961

Headnote :

Section 143(3) of the Income Tax Act, 1961.[Paragraph]

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Ashok Kumar v. Depinder Singh Dhesi

Citation : 2019 Latest Caselaw 717 SC

J.S. Parihar Vs. Ganpat Duggar & Ors [1996] INSC 1118 (11 September 1996)

Headnote :

Service Issue.[Paragraph]

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Assam Public Works v. Union of India

Citation : 2019 Latest Caselaw 718 SC

Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003
Citizenship Act, 1955

Headnote :

The Citizenship Act of 1955, Section 3 (1)(a), along with the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, specifically Rule 4A.

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Commissioner of Income Tax v. Laxman Das Khandelwal

Citation : 2019 Latest Caselaw 719 SC

Gwalior
Income Tax Act, 1961

Headnote :

According to Sections 132 and 143(2) of the Income Tax Act, 1961, a reassessment can be challenged on the basis that the Assessing Officer did not have jurisdiction due to the absence of a Notice. If the Assessing Officer, in rejecting a return filed under Section 158 BC(a), conducts an inquiry, he...

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Madhukar Nivrutti Jagtap v. Smt. Pramilabai Chandulal Parandekar

Citation : 2019 Latest Caselaw 720 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Specific Relief Act, 1963
Transfer of Property Act, 1882

Sarvinder Singh Vs. Dalip Singh & Ors [1996] INSC 885 (2 August 1996)

Headnote :

Specific Relief Act of 1963 - Section 52 of the Transfer of Property Act, 1882.[Paragraph]

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Kum C. Yamini v. State of Andhra Pradesh

Citation : 2019 Latest Caselaw 721 SC

Constitution of India

Headnote :

According to Rule 9 of the A.P. State Judicial Service Rules, 2007, seniority is determined from the date of initial appointment as an ad hoc District Judge. It was determined that the claim for seniority is influenced by various factors, including the nature of the appointment, the rules governing...

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Vinod Singh Negi v. State of Uttar Pradesh

Citation : 2019 Latest Caselaw 722 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Indian Penal Code, 1860 Sections 302 and 34 - Murder - Bail pending appeals - The High Court did not provide justification for granting bail - The complainant and the State have submitted new evidence against the accused for the first time in the appeals, revealing the criminal history of the accuse...

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Asst. Provident Fund Commissioner EPFO, Bareilly v. M/s U.P. State Warehousing Corp.

Citation : 2019 Latest Caselaw 723 SC

Apprentices Act, 1961
Industrial Disputes Act, 1947

Headnote :

The Employees Provident Funds and Miscellaneous Provisions Act of 1952, specifically Sections 2F and 7A, addresses the determination of funds owed by employers. The question arises whether workers engaged in loading and unloading activities in warehouses are entitled to benefits under this Act. If t...

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State of Rajasthan v. Shiv Dayal

Citation : 2019 Latest Caselaw 724 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Mining Operations - Permanent Injunction against the State - Dismissal of the second appeal due to the absence of a substantial question of law in the appeals - It was determined that if one or more grounds are established in a suitable case based on the pleadings and evidence, such grounds will qua...

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State of Jharkhand v. Gopal Prasad Mandal

Citation : 2019 Latest Caselaw 725 SC

Headnote :

Appeal - Road construction - Contempt petition - Dismissal of objections - The purpose of the Public Interest Litigation (PIL) was to guarantee the timely construction of the associated road, which has been completed, albeit at a different location due to an agreement among the villagers. The road w...

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Udiya v. State of Madhya Pradesh

Citation : 2019 Latest Caselaw 726 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code, 1860, Section 302, pertains to the murder of a brother in a case involving a sudden altercation between two siblings. During the struggle, the accused picked up a stone and struck the deceased. According to the eyewitness, the deceased\'s wife, she arrived at their home and re...

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Seema Sapra v. Court On Its Own Motion

Citation : 2019 Latest Caselaw 727 SC

Constitution of India
Contempt of Courts Act, 1971

Medha Kotwal Lele and Others Vs. Union of India and Others [October 19, 2012]

Headnote :

Section 19(1) of the Contempt of Courts Act, 1971.[Paragraph]

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Joginder Singh v. ICICI Lombard General Insurance Company

Citation : 2019 Latest Caselaw 728 SC

Reshma Kumari and Ors. Vs. Madan Mohan and ANR. [APRIL 2, 2013]

Headnote :

A. Under Section 166 of the Motor Vehicles Act, 1988, regarding death in an accident, the multiplier for calculating compensation must be based on the age of the deceased. In this case, the deceased was 20 years old, so a multiplier of 18 is applicable instead of 11.[Para 4]B. In accordance with Sec...

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State of Himachal Pradesh v. Kanshi Ram

Citation : 2019 Latest Caselaw 729 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Land Acquisition Act of 1894 pertains to the acquisition of land for road construction. The court ruled that the compensation and interest on the total compensation should not be based on the market value due to a lack of documentary evidence. Additionally, the State alleged that a sale deed fro...

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Kanwaljit Singh v. National Insurance Company Ltd.

Citation : 2019 Latest Caselaw 730 SC

Headnote :

Family Mediclaim Policy - Entitlement to 50% of the sum insured under an individual Mediclaim Policy - During the term of the Family Mediclaim Policy, the appellant\'s son became ill and required treatment at the Post Graduate Institute. It was determined that the total medical expenses or claims fo...

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