Caselaw | Supreme Court Judgements of 2020

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SK. MD. RAFIQUE vs. MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND ORS

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 1 SC

Constitution of India
Delhi School Education Rules, 1973
Gujarat University Act, 1949
West Bengal Board of Secondary Education Act, 1963
West Bengal Council of Higher Secondary Education Act, 1975
West Bengal School Service Commission Act, 1997

N. Ammad Vs. The Manager, Emjay High School & Ors [1998] INSC 465 (7 September 1998)

Headnote :

IMPORTANTThe right granted to minority educational institutions to appoint teachers of their choice is not absolute; the State has the authority to regulate service conditions.A. According to Article 30 of the Constitution of India, 1950, and Sections 8, 10, 11, and 12 of the West Bengal Madarsah Se...

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SURINDER NATH KESAR vs. BOARD OF SCHOOL EDUCATION

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 2 SC

Headnote :

A. According to Rule 4.23 of the Punjab Civil Services Rules, Volume II, which pertains to the granting of pensions by accounting for interruptions in service, it has been determined that this rule does not allow for the condonation of interruptions lasting more than one year. Consequently, the appe...

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AMBALAL SARABHAI ENTERPRISE LIMITED vs. KS INFRASPACE LLP LIMITED

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 3 SC

Code of Civil Procedure, 1908 (CPC)
Specific Relief Act, 1963

Headnote :

IMPORTANTA plaintiff seeking a temporary injunction in a specific performance lawsuit must demonstrate a strong prima facie case based on undisputed facts.According to Section 36 of the Specific Relief Act, 1963, regarding the sale and purchase of the disputed lands - the acceptance of the draft Mem...

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SURINDER KUMAR vs. STATE OF PUNJAB

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 4 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

IMPORTANTThe absence of an independent witness examination by the prosecution does not imply that the accused was wrongfully implicated.A. Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 18 and 50 - Recovery of opium - The failure to examine an independent witness does not violate the...

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ASSAM PUBLIC WORKS vs. UNION OF INDIA

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 5 SC

Headnote :

The Constitution of India, 1950, Article 32 - Writ Petition regarding the NRC states that children of parents who have been granted citizenship through the NRC should not be separated from their parents and placed in a detention center in Assam while awaiting the outcome of this application.

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UNION OF INDIA vs. EX NO. 3192684 W SEP. VIRENDRA KUMAR

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 6 SC

Air Force Act, 1950
Armed Forces Tribunal Act, 2007
Army Act, 1950
Army Rules, 1954
Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
Navy Act, 1957

Headnote :

IMPORTANTArmy Act - The absence of an opportunity to be present throughout the inquiry during Court of Inquiry proceedings cannot be raised once a final order has been issued by the Court Martial following a comprehensive trial.Army Act - The lack of opportunity to be present throughout the inquiry...

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UNION OF INDIA vs. RELIANCE COMMUNICATION LIMITED

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 7 SC

Headnote :

The Constitution of India, 1950, Article 136 discusses the retention of excess amounts and the direction to refund them. The respondent licensees were experiencing financial difficulties and were unable to meet the conditions of their licenses regarding the payment of deferred spectrum charges. The...

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PURSHOTTAM CHOPRA vs. STATE(GOVT. OF NCT OF DELHI)

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 8 SC

CrPC Section 161. Examination of witnesses by police
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

IMPORTANTDying declaration - Cannot be dismissed solely due to the absence of recording by a Magistrate or lack of attestation.A. Indian Penal Code, 1860, Section 302 in conjunction with Section 34 - Evidence Act, 1872 Section 32 Dying declarations - Key Principles:i) A dying declaration can serve a...

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RAMKHILADI vs. UNITED INDIA INSURANCE COMPANY

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 9 SC

United India Insurance Co. Ltd. [JULY 02, 2018]

Headnote :

IMPORTANTThe provisions of Section 163A of the Act do not apply in cases where the owner of the motor vehicle is involved in the accident.According to Section 163A of the Motor Vehicles Act, 1988, in the case of a vehicular accident where the deceased was the borrower and authorized user of a motorc...

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ANANTA KAMILYA vs. STATE OF WEST BENGAL

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 10 SC

Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder

Headnote :

The Indian Penal Code, 1860, Section 302, addresses murder. It is clear that the deceased died from injuries inflicted by the accused. However, the incident occurred spontaneously following a brief altercation, during which the accused picked up a lathi that was nearby and struck the deceased on the...

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MYAKALA DHARMARAJAM vs. STATE OF TELANGANA

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 11 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Criminal Procedure Code of 1973, Section 439(2), along with the Indian Penal Code of 1860, Sections 148, 120B, and 302 in conjunction with Section 149, pertains to the cancellation of bail. The complaint indicates that the accused individuals were freely moving about the village and intimidating...

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A. MAHALAKSHMI vs. BALAVENKATRAM(D) THROUGH LR

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 12 SC

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Headnote :

IMPORTANTA tenant is allowed to induct a partner into their business as long as the partnership is authentic. If the partnership is merely for show, it will be considered subletting.A. Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 2(6) - Eviction Suit - Relationship between landla...

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M.E. SHIVALINGAMURTHY vs. CENTRAL BUREAU OF INVESTIGATION, BENGALURU

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 13 SC

CrPC Section 227. Discharge
Indian Penal Code, 1860 (IPC)
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 420. Cheating and dishonestly inducing delivery of property
Mineral Concession Rules, 1960
Mines and Minerals (Development and Regulation) Act, 1957
Prevention of Corruption Act, 1988

Headnote :

IMPORTANTThe defense of the accused should not be considered at the stage when the accused requests to be discharged - The Code does not grant the accused the right to present any documents during the charge framing stage.A. Criminal Procedure Code, 1973 Section 227 Discharge - Legal principle - The...

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MANGILAL KAJODIA vs. UNION OF INDIA

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 14 SC

Headnote :

The Constitution of India, 1950, Article 32 discusses the removal from service and reinstatement, along with entitlement to wages. The petitioner was dismissed from service for failing to report to the new location after a transfer. Although the petitioner was reinstated, the entire duration of abse...

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INDIAN BANK vs. PROMILA

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 15 SC

Headnote :

Compassionate appointment - In the case of an employee\'s death while in service, the scheme that provides for ex-gratia payments is not applicable to the respondents. Only the 1979 scheme is relevant, which does not include provisions for ex-gratia payments. The option for compassionate appointment...

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M.ARUMUGAM vs. AMMANIAMMAL AND ORS.

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 16 SC

Hindu Succession Act, 1956

Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum & Ors [1978] INSC 95 (27 April 1978)

Headnote :

IMPORTANTUpon the death of a coparcener, a notional partition is considered to have occurred immediately prior to their death - The property can no longer be regarded as joint property.A. Hindu Succession Act, 1956 Sections 4 and 6 - Devolution of property upon the death of a coparcener - A notional...

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VIDAYA DEVI vs. STATE OF HIMACHAL PRADESH

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 17 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

CRUCIALLand Acquisition - The State cannot establish its ownership over land by using the doctrine of adverse possession to seize property from its own citizens.Land Acquisition - The State\'s forceful removal of individuals from their property - Delays and inaction in approaching the Court - There...

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CANARA BANK vs. KAMESHWAR SINGH

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 18 SC

Headnote :

The Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976, specifically Regulation 4(h) and 5(3), state that the order of punishment is to be quashed and the matter is to be sent back to the Disciplinary Authority or Deputy General Manager. It was determined that according to...

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STATE OF GUJARAT vs. AMBER BUILDERS

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 19 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992

Headnote :

IMPORTANTThe Arbitration Tribunal is authorized to issue interim orders in accordance with Section 17 of the Arbitration and Conciliation Act.According to Section 17 of the Arbitration and Conciliation Act, 1996, and Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,...

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SURINDER SINGH DESWAL @ COL. S. S. DESWAL vs. VIRENDER GANDHI

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 20 SC

CrPC Section 482. Saving of inherent power of High Court
Negotiable Instruments Act, 1881
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts
NI Act, Section 143A. Power to direct interim compensation
NI Act, Section 148. Power of Appellate Court to order payment pending appeal against conviction

Headnote :

IMPORTANTDishonour of Cheque - If the conditions for the suspension of a sentence are not met, the order for suspension can be considered as revoked.A. Under the Negotiable Instruments Act, 1881, Sections 143A and 148, regarding the deposit of compensation amount - Failure to comply with the order -...

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BALKRISHNA RAM vs. UNION OF INDIA

Judgement Date : 09 Jan 2020

Citation : 2020 Latest Caselaw 21 SC

Armed Forces Tribunal Act, 2007
Constitution of India

L. Chandra Kumar Vs. The Union of India & Ors [1994] INSC 630 (2 December 1994)
L. Chandra Kumar Vs. Union of India & Ors [1994] INSC 633 (2 December 1994)

Headnote :

IMPORTANTEven in the presence of an alternative remedy, the High Court retains the authority to exercise its Writ Jurisdiction.A. Armed Forces Tribunal Act, 2007 Sections 14, 15, and 34; Constitution of India, 1950 Article 226 - The existence of an alternative remedy does not preclude the High Court...

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SHILPA MITTAL vs. STATE OF NCT OF DELHI

Judgement Date : 09 Jan 2020

Citation : 2020 Latest Caselaw 22 SC

Indian Penal Code, 1860 (IPC)
IPC Section 122. Collecting arms, etc., with intention of waging war against the Government of India
Juvenile Justice (Care and Protection of Children) Act, 2015
Maharashtra Tenancy and Agricultural Lands Act, 1948

Headnote :

IMPORTANTOffences that have a maximum sentence of over 7 years but do not specify a minimum sentence cannot be classified as heinous offences.A. According to Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, heinous offences are categorized into three types: Petty of...

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KAPICO KERALA RESORTS PVT.LTD vs. STATE OF KERALA

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 23 SC

Kerala Land Conservancy Act, 1957

Jagannath & Ors Vs. Union of India [1961] INSC 171 (20 April 1961)

Headnote :

IMPORTANTIf the detailed reasons provided by a subordinate court are accepted by a higher court in specific terms, there is no need to examine whether those reasons were given in passing or with detailed focus.A. Environmental Protection Act, 1986, Sections 3(1) and 3(2)(v) - Breach of Coastal Regul...

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ANURADHA BHASIN vs. UNION OF INDIA

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 24 SC

Constitution of India
Criminal Procedure Code, 1973
Indian Telegraph Act, 1885
Jammu and Kashmir Reorganisation Act, 2019
National Telecom Policy, 2012

Headnote :

CRUCIALThe right to freedom of speech and expression, as well as the right to engage in trade and commerce via the internet, is protected by the Constitution and can only be restricted in accordance with Article 19(6).If the State issues an order that limits fundamental rights and this order is not...

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STATE OF ODISHA vs. SRI GANESH CHANDRA SAHOO

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 25 SC

Rajinder Kumar Vs. State of Haryana [JANUARY 14, 2015]

Headnote :

A. Misconduct - The punishment of discharge from service has been replaced with compulsory retirement. The respondent invoked a self-serving medical record, having been absent from duty for approximately seven years after taking a 9-day leave. If the respondent truly suffered from cerebral malaria i...

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NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS vs. RAJESH KUMAR

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 26 SC

Code of Civil Procedure, 1908 (CPC)
Commissions for Protection of Child Rights Act, 2005
Indian Penal Code, 1860 (IPC)
Juvenile Justice (Care and Protection of Children) Act, 2015
United Nations Convention on the Rights of the Child

Headnote :

A. Under the Commissions for Protection of Child Rights Act, 2005, specifically Sections 13(5) and 24, regarding the sale of children in Jalpaiguri, there is a need for coordination among institutions. If the State Commission has already initiated an inquiry, the National Commission should refrain f...

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NATIONAL INSURANCE COMPANY LTD. vs. BIRENDER

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 27 SC

Arbitration and Conciliation Act, 1996
Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]

Headnote :

IMPORTANTAll major married and earning sons of a deceased individual, as legal representatives, have the right to seek compensation in the event of an accidental death.A. Under Section 166 of the Motor Vehicles Act, 1988, a major earning son is entitled to claim compensation for death in an accident...

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K.LUBNA vs. BEEVI

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 28 SC

Yeswant Deorao Deshmukh Vs. Walchand Ramchand Kothari [1950] INSC 34 (1 December 1950)

Headnote :

IMPORTANTEviction - Sub-letting any portion of rented premises can lead to eviction from the entire property.According to Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 - Sub-letting - Eviction from the entire rented premises is permissible. It has been determined that s...

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M.C. MEHTA vs. UNION OF INDIA

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 29 SC

Air (Prevention and Control of Pollution) Act, 1981
Constitution of India
Construction and Demolition Waste Management Rules, 2016
IPC Section 188. Disobedience to order duly promulgated by public servant
Ministry of Environment, Forest and Climate Change
Solid Waste Management Rules, 2016

Headnote :

A. Pollution Control - Transportation System - It is crucial to establish an efficient public transport system to minimize the use of private vehicles. Unless the government fulfills its responsibility to provide a robust public transport system, the reliance on private vehicles will continue, exace...

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PADUM KUMAR vs. STATE OF UTTAR PRADESH

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 30 SC

Indian Penal Code, 1860 (IPC)
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 468. Forgery for purpose of cheating

Magan Bihari Lal Vs. State of Punjab [1977] INSC 54 (15 February 1977)

Headnote :

IMPORTANTConviction cannot rely solely on the testimony of a handwriting expert, as it serves only as corroborative evidence.A. Under the Indian Penal Code, 1860, Sections 467 and 468 concerning forgery of valuable securities and cheating - A handwriting expert\'s report indicated that the accused,...

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OM PAL SINGH vs. DISCIPLINARY AUTHORITY

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 31 SC

A.P.S.R.T.C. & Ors Vs. Abdul Kareem [2007] Insc 38 (12 January 2007)

Headnote :

IMPORTANTReinstatement - The reinstatement does not automatically entitle an individual to back wages, continuity of service, or any consequential benefits.According to the Muzaffarnagar Kshetriya Gramin Bank (Modified) Officer and Staff Services Regulations, 2010, Regulation No.38 (kha) (4) - Reins...

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GAJARABA BHIKHUBHA VADHER vs. SUMARA UMAR AMAD

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 32 SC

Code of Civil Procedure, 1908 (CPC)
Section 52. TPA, Transfer of property pending suit relating thereto.

Headnote :

A. Under Section 100 of the Civil Procedure Code, 1908, a second appeal can be made on substantial questions of law. When such a question is formulated upon admission, it must be addressed by the High Court, which is required to provide reasoning and reach a conclusion based on that.[Para 12]B. Acco...

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VINAY SHARMA vs. STATE OF N.C.T. OF DELHI

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 33 SC

Headnote :

Curative Petition of the Nirbhaya convicts - Execution of the death sentence is stayed - According to the pertinent documents, no case has been established within the criteria outlined in the Supreme Court\'s decision reported in 2002 (4) SCC 388 - The death sentence is affirmed.[Para 2]

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RAJNEESH KHAJURIA vs. WOCKHARDT LTD.

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 34 SC

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

State of Haryana & Ors Vs. Ch. Bhajan Lal & Ors [1990] INSC 365 (21 November 1990)
S. Pratap Singh Vs. The State of Punjab [1963] INSC 186 (2 September 1963)

Headnote :

IMPORTANTUnfair Labour Practice - The Industrial Tribunal lacks jurisdiction to adjudicate matters concerning unfair labour practices.A. Under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, and the Industrial Disputes Act, 1947, Section 2(s) regardin...

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MOHD. RASHID vs. DIRECTOR, LOCAL BODIES, NEW SECRETARIAT

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 35 SC

Headnote :

Service Matter - Position of Administrative Officer - Direct recruitment - The Recruitment Rules stipulate that 50% of the positions are to be filled through promotion, and if that is not possible, then through direct recruitment, while the other 50% is to be filled by deputation, and if that is als...

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EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT SELU, DISTRICT PARBHANI, MAHARASHTRA vs. STATE OF MAHARASHTRA

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 36 SC

Headnote :

IMPORTANTLand Acquisition - Denial of interest on the increased compensation amount due to delays in filing LPAs in the High Court.According to Section 4 of the Land Acquisition Act, 1894, regarding land acquisition - the increase in compensation amount and the awarding of statutory benefits and int...

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SRI UTTAM CHAND vs. NATHU RAM

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 37 SC

Karnataka Board of Wakf Vs. Government of India & Ors [2004] Insc 281 (16 April 2004)

Headnote :

IMPORTANTContinuous possession alone is not enough to establish a claim for adverse possession.According to Article 65 of the Limitation Act, 1963, regarding adverse possession and the limitation period for filing a suit for possession: The plaintiff acquired the property from the Managing Officer o...

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STATE REP. BY THE INSPECTOR OF POLICE vs. M. MURUGESAN

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 38 SC

Constitution of India
CrPC Section 200. Examination of complainant
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 97. Search for persons wrongfully confined

Pankaj Kumar Vs. State of Maharashtra & Ors [2008] INSC 1096 (11 July 2008)

Headnote :

IMPORTANTThe jurisdiction of the High Court under section 439 of the Cr.P.C., 1973 is confined to the decision of whether to grant bail pending trial; this jurisdiction concludes once a decision is made.According to Section 439 of the Criminal Procedure Code, 1973, regarding regular bail, the High C...

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STATE OF UTTAR PRADESH vs. ALI HUSSAIN ANSARI

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 39 SC

Headnote :

Service law - Consideration of the period from the initial appointment date to the actual joining date - Post-retirement benefits including seniority and promotion, excluding salary arrears based on the principle of \'no work no pay\' - It was determined that although the respondent was recommended...

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HANUMAN LAXMAN AROSKAR vs. UNION OF INDIA

Judgement Date : 16 Jan 2020

Citation : 2020 Latest Caselaw 40 SC

Air (Prevention and Control of Pollution) Act, 1981
ccc
Construction and Demolition Waste Management Rules, 2016
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Indian Forest Act, 1927
Indian Forest Act, 1927
Solid Waste Management Rules, 2016
Water (Prevention and Control of Pollution) Act, 1974

Headnote :

The Environment Protection Rules of 1986, specifically Rule 5(3)(d), pertain to the granting of Environment Clearance and the lifting of its suspension. The Union of India has initiated proceedings requesting that the Minutes from the fortieth meeting of the Expert Appraisal Committee (EAC) be offic...

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UNION OF INDIA vs. BRIG.BALBIR SINGH (RETD.)

Judgement Date : 16 Jan 2020

Citation : 2020 Latest Caselaw 41 SC

Army Act, 1950

Headnote :

The Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 2016, Rule 12, along with the Military Engineering Services (Army Personnel) Regulations 1989, Regulation 3, addresses the issue of pay grade disparity. The respondent requested an order for a grade pay of Rs. 10,...

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SHAMSHER SINGH SANDHU vs. UNION OF INDIA

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 42 SC

Headnote :

According to Article 142 of the Constitution of India, 1950, regarding retirement benefits, the appellant continued to serve in the position of Inspector General (IG) following a promotion until he was reverted to the rank of Deputy Inspector General (DIG). This reversion was executed without provid...

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SANKATH PRASAD vs STATE OF UTTAR PRADESH

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 43 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 and 304 Part I, addresses culpable homicide and the modification of a conviction. The incident in question occurred spontaneously as a result of a dispute regarding the excavation of a mound by the appellant\'s brother, which the complainant o...

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V. SURENDRAN NAIR vs. STATE OF KERALA

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 44 SC

IPC Section 120B. Punishment of criminal conspiracy

Headnote :

IMPORTANTInstead of rejecting the Revision application due to delay, it should be evaluated based on its merits.According to the Prevention of Corruption Act, 1988, Section 13(2) in conjunction with Sections 13(1)(c) and 13(1)(d), and the Criminal Procedure Code, 1973, Section 401, the dismissal of...

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UNION OF INDIA vs. RAMESH

Judgement Date : 09 Jan 2020

Citation : 2020 Latest Caselaw 45 SC

Headnote :

IMPORTANTThe dismissal of an appointed candidate will not reinstate the Select List.Appointment - Entitlement - The selection process initiated following the notification concluded with the appointment order of the employee. Once a candidate is selected and appointed to a position, the Select List i...

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UNION OF INDIA vs. CHANDRA BHUSHAN YADAV

Judgement Date : 17 Jan 2020

Citation : 2020 Latest Caselaw 46 SC

Air Force Act, 1950
Air Force Rules, 1969
CrPC Section 154. Information in cognizable cases
CrPC Section 5. Saving

Headnote :

A. According to the Air Force Rules of 1969, specifically Rule 24, Rule 43(4), and Rule 156(2), (6), and (7), as well as the Air Force Act of 1950, Regulations Para 804 (b), Section 52(c), and 111, the issues of theft and misappropriation of kerosene and diesel have led to the dismissal from service...

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STATE OF MADHYA PRADESH vs. BABBU RATHORE

Judgement Date : 17 Jan 2020

Citation : 2020 Latest Caselaw 47 SC

Indian Penal Code, 1860 (IPC)

State of M.P. Vs. Chunnilal @ Chunni Singh [2009] INSC 764 (15 April 2009)

Headnote :

IMPORTANTOffences under IPC and SC&ST Act - The investigation of IPC offences cannot be dismissed due to the lack of investigation into SC-ST offences by a qualified Police Officer.A. Indian Penal Code, 1860 Sections 302/34 and 404/34; Scheduled Castes and Scheduled Tribes (Prevention of Atrocit...

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M/S PAWAN HANS LIMITED vs. AVIATION KARMACHARI SANGHATANA

Judgement Date : 17 Jan 2020

Citation : 2020 Latest Caselaw 48 SC

Aircraft Rules, 1937
Co-operative Societies Act, 1912
Companies Act, 2013
Constitution of India

Headnote :

IMPORTANTContractual employees working for a company are eligible for provident fund benefits.A. According to Section 16 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the applicability of the Act and exemptions are determined by a two-fold test established by the Supreme C...

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VODAFONE IDEA LTD. vs. UNION OF INDIA

Judgement Date : 16 Jan 2020

Citation : 2020 Latest Caselaw 49 SC

Headnote :

Adjusted Gross Revenue - Payment of legal obligations - Review petitions filed by telecom companies - Bharti Airtel, Vodafone Idea, and others are requesting a review of the order mandating them to pay Rs. 1.47 lakh crore in outstanding statutory dues related to Adjusted Gross Revenue - The review p...

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PAWAN KUMAR GUPTA vs. STATE OF NCT OF DELHI

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 50 SC

Upendra Pradhan Vs. State of Orissa [April 28, 2015]
Upendra Pradhan & Ors Vs. State of Orissa & Ors [1993] INSC 248 (30 April 1993)
Ram Narain Vs. State of Uttar Pradesh [1973] INSC 75 (5 April 1973)

Headnote :

IMPORTANTNirbhaya Case - The Supreme Court has rejected the juvenility plea submitted by death row inmate Pawan Gupta.According to Article 136 of the Constitution of India, 1950, and Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, a special leave petition regarding ju...

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