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S. DHANASEKARAN vs. COMMANDANT & ANR.

Citation : 2019 Latest Caselaw 901 SC

Headnote :

Central Reserve Police Force Act, 1949 Section 11(1) Dismissal from Service - The appellant, a constable in the CRPF, was dismissed from service due to allegations of misconduct and misbehavior. The appellant argued that the inquiry was conducted in Hindi, a language he did not understand. However,...
JYOTHIR. R vs. SUNISHA N.S.

Citation : 2019 Latest Caselaw 902 SC

Headnote :

MBBS Course - Admission through Sports Quota - For the admission to the M.B.B.S course under the Sports Quota, the final Rank List published by the Commissioner of Entrance Examinations will determine the positions of candidates for admission by the authorities. Hence, the appellant\'s request to co...
HARI SINGH vs. THE STATE OF MADHYA PRADESH

Citation : 2019 Latest Caselaw 903 SC

Headnote :

A. Indian Penal Code, 1860 Section 302; Criminal Procedure Code, 1973 Section 161; Evidence Act, 1872 Section 32 - Second Dying Declaration Recorded by Investigating Officer - In cases where the injured person\'s condition is critical and their blood pressure is unrecordable, the statement should no...
VANI AGRO ENTERPRISES vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 904 SC

Headnote :

IMPORTANTDishonour of cheque - The Cr.P.C. does not allow for the consolidation of separate cases arising from the same notice.A. Criminal Procedure Code, 1973 Section 219 Negotiable Instruments Act, 1881 Section 138 Consolidation of cases - Permissibility - Four cheques issued to the respondent all...
LAXMINATH vs. THE STATE OF CHHATTISGARH

Citation : 2019 Latest Caselaw 905 SC

Headnote :

Indian Penal Code, 1860 Section 302 - Murder of son by father - Witness statements indicated a dispute regarding construction work. The discrepancies between the testimonies of the deceased\'s wife and daughter are not enough to undermine the credibility of the witnesses on key points. Although two...
M/S MAYAVTI TRADING PVT. LTD vs. PRADYUAT BED MURMAN

Citation : 2019 Latest Caselaw 906 SC

Headnote :

IMPORTANTIn the appointment of an arbitrator, the jurisdiction of the Supreme Court/High Court is limited to verifying the existence of an arbitration agreement.According to Section 11(6A) of the Arbitration and Conciliation Act, 1996 (amended in 2015) - the appointment of an arbitrator falls under...
EX. SEPOY SURENDRA SINGH YADAV vs. CHIEF RECORD OFFICER

Citation : 2019 Latest Caselaw 907 SC

Headnote :

IMPORTANTNo restrictions on departmental action following exoneration in Summary Court Martial.According to Section 44 of the Army Act, 1950 and Rule 13 of the Army Rules, 1954 - Departmental proceedings - There are no restrictions on departmental actions after exoneration in a Summary Court Martial...
FR. ISSAC MATTAMMEL COR EPISCOPA vs. ST. MARYS ORTHODOX SYRIAN CHURCH

Citation : 2019 Latest Caselaw 908 SC

Headnote :

IMPORTANTOrders issued by High Courts that contradict the law established by the Supreme Court constitute a breach of the judgment and order - As Kerala is part of Indian Territory, all parties involved are required to comply accordingly.According to Article 141 of the Constitution of India, 1950, t...
K. SREEDHAR RAO vs. UNION OF INDIA MINISTRY OF LAW AND JUSTICE SECRETARY

Citation : 2019 Latest Caselaw 909 SC

Headnote :

IMPORTANTRetired Acting Chief Justice is not eligible for pension benefits equivalent to those of a retired Chief Justice of a High Court.According to Article 32 of the Constitution of India, 1950, and Rule 2 of Part I of the First Schedule of the 1954 Act, it has been determined that the petitioner...
RAI BAHADUR NARAIN SINGH SUGAR MILLS LTD vs. MANGEY RAM

Citation : 2019 Latest Caselaw 910 SC

Headnote :

IMPORTANTThe Labour Court lacks the authority to first determine the entitlement of workers and then calculate the benefits based on that determination.According to Section 33C(2) of the Industrial Disputes Act, 1947, the Labour Court does not have the jurisdiction to initially assess the entitlemen...
PRABHASH KUMAR SINGH vs. THE STATE OF BIHAR (NOW JHARKHAND)

Citation : 2019 Latest Caselaw 911 SC

Headnote :

Indian Penal Code, 1860 Section 302 Murder - Conviction - The accused shot the victim at close range, and the post-mortem report, along with the testimony of the autopsy surgeon, confirmed that the gunshot caused the death. There is a clear eyewitness account of the incident, and none of the eyewitn...
M/S EXL CAREERS vs. FRANKFINN AVIATION SERVICES PVT. LTD.

Citation : 2019 Latest Caselaw 912 SC

Headnote :

Civil Procedure Code, 1908, Order 7, Rule 10 and Rule 10A - Return of plaint - When a plaint is returned under Order 7, Rule 10 and Rule 10A, should the trial in the Court where the plaint is subsequently filed commence anew, or should it continue from the stage at which the plaint was returned? - D...
PRITI KUMARI vs. STATE OF BIHAR

Citation : 2019 Latest Caselaw 913 SC

Headnote :

IMPORTANTCourts located in the area where the wife has sought refuge also possess the authority to hear complaints regarding offenses under Section 498A of the IPC.Criminal Procedure Code, 1973 Sections 177 and 178; Indian Penal Code, 1860 Section 498A - Harassment - Jurisdiction - Courts in the loc...
PRATIMA DEVI vs. ANAND PRAKASH

Citation : 2019 Latest Caselaw 914 SC

Headnote :

IMPORTANTA maintenance order should only be suspended for very exceptional circumstances.According to Section 125 of the Criminal Procedure Code, 1973 - Granting a stay on maintenance - The husband or father is obligated to support his wife and child - Unless there are very exceptional reasons, a ma...
Amiruddin vs. State (Delhi Admn.)

Citation : 2019 Latest Caselaw 915 SC

Headnote :

Indian Penal Code, 1860 Sections 302 and 304 Part II - Culpable homicide - Conviction - The deceased received only a single blow to the back, which penetrated and severed the aorta. Had the blow missed the aorta, it is likely that the deceased would have survived. There is no evidence suggesting tha...
BHUPINDER SINGH vs. JOGINDER SINGH

Citation : 2019 Latest Caselaw 916 SC

Headnote :

CRUCIALObtaining leave is an essential requirement to file a suit under section 92 of the CPC.Civil Procedure Code, 1908 Section 92 - Legal Action Against Public Charities - It has been determined that a suit cannot be initiated without first securing the Court\'s leave.[Paragraph 10]
DR. SWAPAN KUMAR BANERJEE vs. THE STATE OF WEST BENGAL

Citation : 2019 Latest Caselaw 917 SC

Headnote :

IMPORTANTA wife who has been divorced by her husband on the grounds of desertion is entitled to seek maintenance. The fact that she did not file a maintenance petition during the ongoing matrimonial proceedings does not prevent her from filing such a petition at a later time.A. Criminal Procedure Co...
SANKALP RECREATION PRIVATE LTD. vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 918 SC

Headnote :

Legal Issue.[Paragraph]
STATE OF UP vs. VINOD KUMAR KATHERIA

Citation : 2019 Latest Caselaw 919 SC

Headnote :

Termination of service - Right to a hearing - Employee working as lekhpal in the revenue department dismissed for allegedly issuing false certificates and making fraudulent entries in revenue records - No comprehensive inquiry was conducted by the Inquiry Officer - The High Court correctly overturne...
STATE OF GOA vs. DR. ALVARO ALBERTO MOUSINHO DE NORONHA FERREIRA

Citation : 2019 Latest Caselaw 920 SC

Headnote :

According to Section 32 of the Goa, Daman and Diu Land Revenue Code, 1968, the issue of conversion fee arises only when a decision is made to issue a Sanad. Thus, the relevant date for determining the conversion charge is the date on which the decision to grant the Sanad is made. The appellant corre...
HEMKUNWAR BAI vs. SUMER SINGH

Citation : 2019 Latest Caselaw 921 SC

Headnote :

IMPORTANTWitnesses are not required to know the contents of the document.Evidence Act, 1872 Section 68 - Will and Sale Deed - Proof of Execution - The executant created two sale deeds in favor of her nephews and executed a will for the remaining property in favor of another nephew. The plaintiff fil...
PANDURANG SITARAM JADHAV vs. THE STATE OF MAHARASHTRA THROUGH ITS DAIRY MANAGER

Citation : 2019 Latest Caselaw 923 SC

Headnote :

Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.[Paragraph]
EX CFN NARSINGH YADAV vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 924 SC

Headnote :

According to the Army Regulations of 1961, specifically Regulations 173 and 423, as well as the Entitlement Rules for Casualty Pensionary Awards of 1982, Rules 5 and 14(a), the case involves a disability pension claim. The appellant was discharged from the Army due to non-suitability stemming from a...
SATISH KUMAR vs. STATE OF HARYANA

Citation : 2019 Latest Caselaw 925 SC

Headnote :

Indian Penal Code, 1860 Section 302 Murder - There are inconsistencies between the dying declaration, the medico-legal report, and the post-mortem report. Additionally, there were contradictions during the cross-examination of the doctor regarding whether the injury in question was sufficient to cau...
AIR COMMDORE NAVEEN JAIN vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 926 SC

Headnote :

Promotion - The criteria for promotion to the rank of Air Vice Marshal is determined by the Air Force\'s policy, which applies to all officers within the consideration zone. This policy is based on the principles of \"merit-cum-seniority\" or \"seniority-cum-merit,\" and promotions are made accordin...
OKHLA ENCLAVE PLOT HOLDERS' WELFARE ASSOCIATION vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 927 SC

Headnote :

A. Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3 and 8 - License - Direction requested by Arbitrator - The Respondent Coloniser acquired land for large-scale settlement and obtained seven colonisation licenses. A dispute arose concerning the amounts owed by allottees to the...
M.RAMALINGAM vs. STATE REPRESENED BY INSPECTOR OF POLICE SBE/CBI/ACB, MADRAS

Citation : 2019 Latest Caselaw 928 SC

Headnote :

Under the Prevention of Corruption Act, 1988, Sections 13(2) in conjunction with Section 13(1)(d), and the Indian Penal Code, 1860, Sections 120B, 467, 471, 420, and 477A, it was determined that there was sufficient evidence against the primary accused to establish a conspiracy to defraud the bank b...
SMT. KASTURIBAI SUKHARAM KHANDELWAL TRUST vs. INDORE DEVELOPMENT AUTHORITY

Citation : 2019 Latest Caselaw 929 SC

Headnote :

According to Section 58 in conjunction with Section 86 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, the Appellant Trust applied for land allotment following an advertisement that invited applications. However, the respondent trust did not submit an application in response to the ad...
ORIENTAL INSURANCE CO.LTD vs. M/S TEJPARAS ASSOCIATES

Citation : 2019 Latest Caselaw 930 SC

Headnote :

IMPORTANTArbitration - Section 14 of the Limitation Act is Applicable if the Initial Section 34 Petition was Filed Timely.A. Under the Arbitration and Conciliation Act, 1996, Section 34 of the Limitation Act, 1963, Section 14 - Challenge to Award - Exclusion of Time Spent in a Court Lacking Jurisdic...
RAJASTHAN STATE ROAD TRANSPORT COROPORATION vs. DANISH KHAN

Citation : 2019 Latest Caselaw 931 SC

Headnote :

A. Constitution of India, 1950 Article 14 Rule Validity - Test - While Article 14 prohibits class legislation, it does allow for reasonable classification for legislative purposes. When a rule or statutory provision is challenged on the basis of violating Article 14, its validity can be upheld if it...
IC 29547 L BOBBY JOSEPH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 932 SC

Headnote :

According to the Armed Forces Tribunal Act, 2007, Sections 30 and 31, the pension applicable to a Lt. Colonel was denied to the appellant because he was short of the required 21 years of service by just 30 days. However, it was established that the appellant had actually completed 22 years, 1 month,...
M/S MADHOOR BUILDWELL PVT. LTD vs. YEOLA MUNICIPAL COUNCIL

Citation : 2019 Latest Caselaw 933 SC

Headnote :

Urban Infrastructure Development Scheme for Small and Medium Towns - Fund Disbursement - The Municipal Council has issued a public tender for the contract to lay sewer lines without the Central Government\'s approval of funds. Under this scheme, 80% of the funding is provided by the Central Governme...
RAVI SETIA vs. MADAN LAL

Citation : 2019 Latest Caselaw 934 SC

Headnote :

A. Under Section 16(c) of the Specific Relief Act, 1963, regarding the specific performance of a contract to sell, the plaintiffs based their claim of readiness and willingness on a certificate from the Sub-Registrar, which confirmed their presence. However, aside from this certificate, the plaintif...
PRUTHVIRAJSINH N JADEJA(D) BY LRS vs. JAYESHKUMAR CHHAKADDASM SHAH

Citation : 2019 Latest Caselaw 935 SC

Headnote :

IMPORTANTThe failure to cite the correct provision is not detrimental to the application if the Court has the authority to issue the order.A. Civil Procedure Code, 1908, Order 1, Rule 10 and Order 22, Rule 10 - Land Purchaser - Inclusion as plaintiff - The original owner of the land allegedly sold i...
C/M KISAN INTER COLLEGE MANAGER vs. STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 936 SC

Headnote :

Service Regularization - The inquiry report and management\'s endorsement in their correspondence confirm that the respondent was employed from 1985 to 1995, making him eligible for regularization as an LT Grade Teacher. The order for regularization is therefore upheld.[Para 10]
RAJ KUMAR vs. STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 937 SC

Headnote :

IMPORTANTFood Adulteration - A slight deviation from the established standard cannot be overlooked.A. Prevention of Food Adulteration Act, 1954 Section 13(2) Adulteration in Milk - The argument of a minor shortfall in Milk Solid Non-Fat is insufficient. If the standards are not met, the Court cannot...
FAINUL KHAN vs. STATE OF JHARKHAND

Citation : 2019 Latest Caselaw 938 SC

Headnote :

A. Criminal Procedure Code, 1973 Section 464 Indian Penal Code, 1860 Sections 323, 302 r/w 149 and 147 Failure to frame charge - Implications - The appellants were fully aware that six of them faced charges for common assault under Sections 302/149 and 323/149 due to their shared objective. They als...
NUSLI NEVILLE WADIA vs. IVORY PROPERTIES

Citation : 2019 Latest Caselaw 939 SC

Headnote :

IMPORTANTThe question of limitation cannot be resolved as a preliminary issue under Section 9A of the CPC, as amended by the Maharashtra Amendment in 1977.A. Jurisdiction - Definition - Clarified.[Paras 16 to 18]B. Civil Procedure Code, 1908 Section 9 - Jurisdiction - Definition - The term jurisdict...
KANTILAL vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 940 SC

Headnote :

Indian Penal Code, 1860 Sections 498A, 306, 323, and 149; Dowry Prohibition Act, 1961 Sections 3 and 4 - Conviction - The only overt act attributed to the appellant, the father-in-law, is that he allegedly physically assaulted the deceased on two occasions. This claim is mentioned in the FIR. The fa...
RAVISHANKAR @ BABA VISHWAKARMA vs. STATE OF MADHYA PRADESH

Citation : 2019 Latest Caselaw 941 SC

Headnote :

IMPORTANTCommutation of Death Penalty - Utilizing \'residual doubt\' as a mitigating factor would effectively elevate the standard of proof required for imposing a death sentence, a benefit that would not only be available to the innocent.A. Indian Penal Code, 1860 Section 366A - In a case involving...
VIRUDHUNAGAR HINDU NADARGAL DHARMA PARIBALANA SABAI vs. TUTICORIN EDUCATIONAL SOCIETY

Citation : 2019 Latest Caselaw 942 SC

Headnote :

IMPORTANTThe existence of an appellate remedy before the Civil Court should be interpreted as a significant barrier to invoking the supervisory jurisdiction of the High Court.A. Constitution of India, 1950 Article 227; Civil Procedure Code, 1908, Order 43, Rule 1 (r) - The presence of an alternative...
RAVI GHUMARE vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 944 SC

Headnote :

IMPORTANTThe rape and murder of a child victim - An offense committed under the influence of alcohol cannot be classified as premeditated.Rohinton Fali Nariman and Surya Kant, JJ.A. Indian Penal Code, 1860 Sections 302, 363, 376 and 377; Protection of Children from Sexual Offences Act, 2012 Section...
AMBALAL SARABHAI ENTERPRISES LTD vs. K.S. INFRASPACE LLP

Citation : 2019 Latest Caselaw 945 SC

Headnote :

IMPORTANTA commercial dispute regarding an agreement related to immovable property arises only when the property is actively utilized for commercial purposes.According to Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 - Immovable property - A commercial dispute concerning immovable property...
KERALA STATE BEVERAGES (M AND M) CORP LTD vs. P P SURESH

Citation : 2019 Latest Caselaw 946 SC

Headnote :

IMPORTANTWhen a promise is made by an authority, it is reasonable for individuals to expect that the authority will not act against that promise. However, the authority\'s ability to modify policies in the public interest should not be restricted by the principle of substantive legitimate expectatio...
RAMESH NIVRUTTI BHAGWAT vs. SURENDRA MANOHAR PARAKHE

Citation : 2019 Latest Caselaw 947 SC

Headnote :

IMPORTANTCancellation of Probate - Article 137 of the Limitation Act is relevant to these proceedings.According to Section 263 of the Indian Succession Act, 1925, and Article 137 of the Limitation Act, 1963, the cancellation of probate proceedings falls under Article 137 of the Limitation Act. This...
YATINKUMAR JASUBHAI PATEL vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 948 SC

Headnote :

IMPORTANTInstitutional Preference for admission to Post Graduate Courses remains valid even after the implementation of NEET.A. According to Regulation 9 of the Post Graduate Medical Education Admission Regulations, 2000, under Section 10D of the Indian Medical Council Act, 1956, institutional prefe...
R.SRINIVAS KUMAR vs. R.SHAMETHA

Citation : 2019 Latest Caselaw 949 SC

Headnote :

IMPORTANTIn cases where one party does not consent, the powers granted under Article 142 of the Constitution may be utilized to achieve substantial justice by providing relief in the form of divorce.A. Constitution of India, 1950 Article 142; Hindu Marriage Act, 1955 Sections 13(1)(ia) and 13(1)(ib)...
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