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P.T. Sreenarayanan Unni & Ors. vs. State of Kerala & Ors.

Citation : 2019 Latest Caselaw 731 SC

Headnote :

The Private Forest (Vesting and Assignment) Act of 1971, Section 3, pertains to private forest land and its transfer to the State Government. The land in question falls under the definition of private forest as outlined in the Act. Consequently, these private forests were automatically transferred t...
Smt. Sunita Tokas vs. New India Insurance Co. Ltd.

Citation : 2019 Latest Caselaw 732 SC

Headnote :

A. Under Section 166 of the Motor Vehicles Act, 1988, when determining the multiplier, the age of the deceased is the primary consideration, not the ages of the dependents, which may differ. In this case, since the deceased was 21 years old, a multiplier of 18 is applicable.[Paras 4.3, 4.4, 4.6, 4.7...
Saleem Ahmed vs. State & Anr.

Citation : 2019 Latest Caselaw 733 SC

Headnote :

The Electricity Act of 2003, specifically Sections 135 and 152, addresses the issue of electricity theft. In this case, the FIR filed by the Enforcement Department officials of BSES against the appellant was quashed after the dispute was resolved in Lok Adalat. The appellant had made a full and fina...
ALPANA GUPTA vs. APG TOWERS PVT. LTD

Citation : 2019 Latest Caselaw 734 SC

Headnote :

Under Order 7, Rule 11 of the Civil Procedure Code, 1908, an application for the rejection of a plaint was made. The defenses raised by the defendants in this application do not correspond to any of the clauses outlined in Order 7, Rule 11. These defenses should have been presented by the defendants...
Bharat Sanchar Nigam Limited and Others vs. Pramod V. Sawant And Another

Citation : 2019 Latest Caselaw 735 SC

Headnote :

Section 197 of the Criminal Procedure Code, 1973 addresses the issue of taking cognizance against Public Sector Corporations. It states that employees of Public Sector Corporations do not qualify for the protection of sanction as public servants.[Para 15]
GURUVIAH vs. STATE REP. BY INSPECTOR OF POLICE

Citation : 2019 Latest Caselaw 736 SC

Headnote :

The Prevention of Corruption Act, 1988, specifically Sections 13(1)(d), 13(2), 12, and 20, addresses illegal gratification and presumption. The complainant sought to transfer an electric connection for the land in question into his name to qualify for a subsidy of Rs. 625 every six months. The villa...
SHAKEENA vs. BANK OF INDIA AND ORS

Citation : 2019 Latest Caselaw 737 SC

Headnote :

A. The Constitution of India, 1950, Article 136; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(4) and 17. Change in the rights of parties - Availability of argument - Debtors requested the annulment of the bank\'s auction sale on th...
ABDULLAKOYA HAJI vs. RUBIS THARAYIL

Citation : 2019 Latest Caselaw 738 SC

Headnote :

The Specific Relief Act of 1963, Section 16(c), addresses the specific performance of a sales agreement, focusing on the concepts of readiness and willingness. In this case, the plaintiffs filed a suit seeking the enforcement of an agreement with the defendants. The value of the land was calculated...
MUSTAFA vs. THE STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 739 SC

Headnote :

A. Under Sections 60 and 72(2) of the United Provinces Excise Act, 1910, the Collector has the authority to order the confiscation of any item or animal, regardless of whether a prosecution for the offense has been initiated. This means that the Collector\'s power to confiscate seized items or anima...
TILAK RAJ BAKSHI vs. AVINASH CHAND SHARMA(DEAD) THROUGH LRS.

Citation : 2019 Latest Caselaw 740 SC

Headnote :

A. According to Section 29 of the Indian Contract Act, 1872 and Section 93 of the Evidence Act, 1872, a contract may be deemed void if it is found to be vague and unenforceable, regardless of whether a plea has been raised regarding its validity. The court is permitted to examine the contract\'s ter...
ASSOCIATION OF MEDICAL SUPER SPECIALITY ASPIRANTS AND RESIDENTS vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 742 SC

Headnote :

A. According to Article 32 of the Constitution of India, 1950, regarding postgraduate medical and super-specialty courses, the imposition of compulsory bond conditions requiring a certain period of service at the time of admission falls under the jurisdiction of the State Government. It is acknowled...
SOUTH DELHI MUNICIPAL CORPORATION vs. M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC.

Citation : 2019 Latest Caselaw 743 SC

Headnote :

Section 169 of the Delhi Municipal Corporation Act, 1957, and Section 17 of the Madhya Bharat Sales Tax Act, 1950.
Hena Parween vs. State of Jharkhand & Ors.

Citation : 2019 Latest Caselaw 744 SC

Headnote :

The Constitution of India, 1950, Article 136 outlines the conditions for granting anticipatory bail. The petitioner expressed concern over a condition that limits her mobile phone usage. When asked why she consented to this condition, it was argued that no actual consent was provided. The petitioner...
P. S. MALIK vs. HIGH COURT OF DELHI

Citation : 2019 Latest Caselaw 745 SC

Headnote :

A. According to Rule 8 of the All India Services (Discipline and Appeal) Rules 1969 and Sections 4 and 11(4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, regarding allegations of sexual harassment and disciplinary proceedings, the petitioner claim...
AJITH K. vs. ANEESH K.S.

Citation : 2019 Latest Caselaw 746 SC

Headnote :

The Kerala Municipal Common Rules of 1967, Section 11, and the Kerala State and Subordinate Services Rules of 1958, Rule 10(a)(ii), pertain to the qualifications for the municipal common service. A notification was issued for various posts, followed by a common written test, and a list of selected c...
JAYANTIBHAI vs. MUNICIPAL COUNCIL NARKHED

Citation : 2019 Latest Caselaw 747 SC

Headnote :

Unlawful termination - Reinstatement without back pay - Denying back wages to an employee who has been harmed by the employer\'s illegal actions effectively punishes the employee while benefiting the employer by relieving them of the responsibility to pay back wages and other benefits. The allegatio...
PRAMOD SURYABHAN PAWAR vs. THE STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 748 SC

Headnote :

A. Under Section 482 of the Criminal Procedure Code, 1973, and Sections 376, 417, 504, and 506(2) of the Indian Penal Code, 1860, the issue of sexual relations based on a false promise of marriage is addressed. The quashing of the FIR indicates that a woman\'s \"consent\" in relation to Section 375...
M/S.SHREE DANESHWARI TRADERS vs. SANJAY JAIN

Citation : 2019 Latest Caselaw 749 SC

Headnote :

The Negotiable Instruments Act of 1881, specifically Sections 138 and 139, addresses the dishonor of cheques and the subsequent acquittal of the accused. According to Section 139, once a cheque is issued by the drawer, a presumption arises that it falls under the provisions of Section 138. This sect...
RAMESHWAR vs. THE STATE OF MADHYA PRADESH

Citation : 2019 Latest Caselaw 750 SC

Headnote :

The Indian Penal Code of 1860, Section 302 in conjunction with Section 34, pertains to murder and common intention. The conviction of the accused who fired the gunshot can be upheld with the support of Section 34 of the IPC. The presence of the co-accused has been corroborated by consistent eyewitne...
RAVINDER KAUR vs. MANJEET SINGH (DEAD) THR. LRS

Judgement Date : 21 Aug 2019

Citation : 2019 Latest Caselaw 751 SC

Headnote :

A. Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, allegations of adultery and cruelty are addressed. If a husband claims that accusations of extramarital affairs against him constitute mental cruelty, then similarly, unfounded accusations made by him against his wife regarding such relatio...
SUDRU vs. THE STATE OF CHHATTISGARH

Citation : 2019 Latest Caselaw 752 SC

Headnote :

Criminal Procedure Code of 1973, Section 313; Indian Penal Code of 1860, Section 302.
CHINTAMBARAMMA vs. THE STATE OF KARNATAKA

Citation : 2019 Latest Caselaw 754 SC

Headnote :

Section 302 of the Indian Penal Code, 1860, in conjunction with Section 34.
THE STATE OF MAHARASHTRA vs. MAHARASHTRA HYBRID SEEDS CO. PVT. LTD.

Citation : 2019 Latest Caselaw 755 SC

Headnote :

Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale, and Determination of Sale Price) Rules, 2010 - Under the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale, and Determination of Sale Price) Act, 2009, Section 7(2).
AIR INDIA EXPRESS LTD vs. CAPT. GURDARSHAN KAUR SANDHU

Citation : 2019 Latest Caselaw 756 SC

Headnote :

Aircraft Act of 1934, Sections 5, 7, and 8(2) - Indian Telegraph Act of 1885, Section 4; Aircraft Rules of 1937.
UNION OF INDIA vs. NISAR PALLATHUKADAVIL ALIYAR

Citation : 2019 Latest Caselaw 757 SC

Headnote :

The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974, specifically Sections 3 and 8(a), along with Section 10 of the Preventive Detention Act of 1950.
GANGA VISHAN GUJRATI vs. THE STATE OF RAJASTHAN

Citation : 2019 Latest Caselaw 761 SC

Headnote :

The Constitution of India, 1950, Article 226; Rajasthan Land Revenue Act, 1956, Section 261(2); and Rajasthan Land Revenue (Land Records) Rules, 1957, Rule 171-A.
M/S KUT ENERGY PVT.LTD vs. THE AUTHORIZED OFFICER PUNJAB NATIONAL BANK

Citation : 2019 Latest Caselaw 762 SC

Headnote :

The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, Section 13(2), along with the Contract Act, 1872, Section 171, addresses the issue of bona fide deposits and refunds. In this case, the appellant obtained a loan from a consortium of banks, wh...
THE GOA STATE COOPERATIVE BANK LTD vs. SHRI KRISHNA NATH A. (DEAD) THROUGH LRS.

Citation : 2019 Latest Caselaw 763 SC

Headnote :

A. According to Section 109 of the Maharashtra Co-operative Societies Act, 1960, regarding irregularities in loan disbursement by Societies and the recovery of dues, it was determined that once a report is submitted, the Registrar must act based on that report. In situations where recovery proceedin...
UNION OF INDIA vs. MOHIUDDIN MASOOD

Citation : 2019 Latest Caselaw 764 SC

Headnote :

A. Under the Land Acquisition Act of 1894, specifically Sections 4, 6, and 17, the notification for land acquisition and the invocation of the urgency clause were examined. There was only a three-month interval between the notification for acquisition and the invocation of the urgency clause. From t...
TARUN JIT TEJPAL vs. THE STATE OF GOA

Citation : 2019 Latest Caselaw 765 SC

Headnote :

A. Under Sections 227 and 228 of the Criminal Procedure Code, 1973, and Sections 354, 354A, 354B, 341, 342, 376(2)(f), and 376(2)(k) of the Indian Penal Code, 1860, a challenge to the order for framing charges indicates that the accused cannot be discharged solely on the basis that the complainant a...
UNION OF INDIA vs. BRIG. DEVINDER SINGH

Citation : 2019 Latest Caselaw 766 SC

Headnote :

Correction of After-Action Report - Can the respondent request the recording of the After-Action Report in the manner he desires? - The After-Action Report consists of a collection of reports submitted by Officers during their engagement. These reports are gathered and preserved for future strategic...
SEENIVASAN vs. THE STATE BY INSPECTOR OF POLICE

Citation : 2019 Latest Caselaw 767 SC

Headnote :

The Criminal Procedure Code of 1973, along with Section 482 of the Indian Penal Code of 1860, and Sections 406, 498A, and 506(ii) of the Dowry Prohibition Act of 1961, outlines that specific allegations are directed solely at the husband and his immediate family members. The appellant, who is the so...
P. Chidambaram vs. Directorate of Enforcement

Citation : 2019 Latest Caselaw 768 SC

Headnote :

The Prevention of Corruption Act, 1988, specifically Sections 8, 13(2), and 13(1)(d), along with Section 120B of the Indian Penal Code, 1860.
SHIV KUMAR JATIA vs. STATE OF NCT OF DELHI

Citation : 2019 Latest Caselaw 769 SC

Headnote :

A. Under Sections 336 and 338 of the Indian Penal Code, 1860, when a company commits a crime, the liability of its directors, including the Managing Director or Chairman, can only be established if there is adequate evidence demonstrating their active involvement and criminal intent. The alleged cri...
NATIONAL ALUMINIUM COMPANY LTD vs. SUBHASH INFRA ENGINEERS PVT. LTD AND ANR

Citation : 2019 Latest Caselaw 770 SC

Headnote :

Section 7 of the Arbitration and Conciliation Act, 1996.[Paragraph]
YOGESH NAGRAOJI UGALE vs. STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY

Citation : 2019 Latest Caselaw 772 SC

Headnote :

The appellant is qualified for the position of Peon, possessing an S.S.C. Degree and an MS. C.I.T. The Government Resolution indicates that the recruitment for \'Group C and D\' positions on compassionate grounds has been increased from 5% to 10%. Additionally, the Supplementary Order to this Resolu...
UNION PUBLIC SERVICE COMMISSION vs. SHRISTI SINGH

Citation : 2019 Latest Caselaw 773 SC

Headnote :

Direct recruitment for the position of Drug Inspector - Appointment - Eligibility - To qualify for the role of Drug Inspector, candidates must have 18 months of experience in quality control and testing of drugs listed in Schedule \'C\' and \'C-1\' of the Drugs and Cosmetics Rules. It was determined...
SAMSUL HAQUE vs. THE STATE OF ASSAM

Citation : 2019 Latest Caselaw 774 SC

Headnote :

A. Under the Indian Penal Code of 1860, specifically Sections 147, 148, 302/149, and 302 concerning murder and abetment, there was no evidence to confirm whether the accused was present inside or outside the hotel at the time of the incident. While there is no legal prohibition against considering t...
M/S VINAYAK HOUSE BUILDING COOPERATIVE SOCIETY LTD vs. THE STATE OF KARNATAKA

Citation : 2019 Latest Caselaw 775 SC

Headnote :

A. According to Section 48 of the Land Acquisition Act of 1894, the State Government\'s denotification of acquired land often occurs before possession is taken or before the government issues a declaration. This practice is frequently instigated by land mafias in collusion with powerful individuals,...
KETAN SURESH PAWAR vs. YUVRAJ SANDEEPAN SAWANT

Citation : 2019 Latest Caselaw 776 SC

Headnote :

A. Indian Penal Code, 1860, Sections 420, 406, 465, 467, 468, 471 - Appeal against the grant of bail - The mere fact that a detailed order was uploaded on 30.04.2019 does not cast doubt on the existence of the order dated 13.02.2019, as the detailed order also specifies the date of the order as 13.0...
NATIONAL HIGHWAYS AUTHORITY OF INDIA vs. SAYEDABAD TEA CO. LTD. AND ORS

Citation : 2019 Latest Caselaw 777 SC

Headnote :

The Arbitration and Conciliation Act of 1996, Section 11, and the National Highways Act of 1956, Section 3G(5), address the application for the appointment of an Arbitrator by the Central Government. The application is not maintainable because the authority to appoint an Arbitrator under Section 3G(...
CHANDRAKANT BABAN MOTKARI vs. GOTIRAM LAXMAN MOTKARI(D) BY LRS

Citation : 2019 Latest Caselaw 778 SC

Headnote :

A. Under Section 32M of the Bombay Tenancy and Agricultural Lands Act, 1948, regarding the certificate of purchase and the inclusion of names, a younger brother entered into a lease agreement with the landlord for the cultivation of land. The Act, enacted in 1948, stipulated that tenants who were cu...
BOBINDRA KUMAR vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 779 SC

Headnote :

According to Section 2(d) of the Central Reserve Police Force Act, 1949, and Rule 8(e) of the Central Reserve Police Force Rules, 1955, the seniority of individuals appointed as Sub Inspectors through direct recruitment or promotion is determined by their date of appointment. In cases where both dir...
SECURITIES AND EXCHANGE BOARD OF INDIA vs. IL AND FS SECURITIES SERVICES LTD

Citation : 2019 Latest Caselaw 780 SC

Headnote :

Article 136 of the Constitution of India, 1950 - Appeal - Interim orders - Considering the urgency and the implications outlined, the Court issued interim directions.[Paragraphs 1 and 3]
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