Caselaw | Supreme Court Judgements of august 2020

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CHAIRMAN, BOARD OF TRUSTEES, COCHIN PORT TRUST vs. M/S AREBEE STAR MARITIME AGENCIES PVT.LTD

Judgement Date : 05 Aug 2020

Citation : 2020 Latest Caselaw 438 SC

Arms Act, 1959
Bill of Entry (Forms) Regulations, 1976
Central Excises and Salt Act, 1944
Constitution of India
Copyright Act, 1957
Customs Act, 1962
Customs Tariff Act, 1975
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007
Indian Bills of Lading Act, 1856
Indian Contract Act, 1872
Major Port Trusts Act, 1963

Headnote :

CRUCIALThe term \"owner\" encompasses both the steamer owner and the steamer agent.A. According to Section 2(o)(i) and (ii) of the Major Port Trust Act, 1963, the definition of \"steamer owner\" distinguishes between the owner of goods and the owner of a vessel. The term \"owner\" in relation to \"g...

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AJOY DEBBARMA vs. STATE OF TRIPURA

Judgement Date : 05 Aug 2020

Citation : 2020 Latest Caselaw 439 SC

Constitution of India
National Council for Teacher Education Act, 1993
Right of Children to Free and Compulsory Education Act, 2009

Headnote :

CRUCIALSelections and appointments deemed illegal - No benefits can be granted to these candidates.According to the Constitution of India, 1950, Articles 14 and 16, the termination of teachers - The very selections and appointments have been ruled illegal and invalid, thus no additional benefits can...

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JANHIT ABHIYAN vs. UNION OF INDIA

Judgement Date : 05 Aug 2020

Citation : 2020 Latest Caselaw 440 SC

Constitution of India
Right of Children to Free and Compulsory Education Act, 2009
Supreme Court Rules, 2013
Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services Under the State) Act, 1993

Ashoka Kumar Thakur Vs. Union of India & Ors [2008] INSC 612 (10 April 2008)
Ashoka Kumar Thakur Vs. Union of India & Ors [2008] INSC 613 (10 April 2008)
Ashoka Kumar Thakur Vs. Union of India & Ors [2008] INSC 614 (10 April 2008)
Voice (Consumer Care) Council Vs. State of Tamil Nadu [1996] INSC 956 (14 August 1996)

Headnote :

IMPORTANTReservation for economically disadvantaged citizens - The case raises significant legal questions that necessitate a hearing by a five-judge bench - The registry is instructed to present the case to the Chief Justice for appropriate directives.Constitution of India, 1950 Articles 15(6) and...

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GANGADHAR @ GANGARAM vs. STATE OF MADHYA PRADESH

Judgement Date : 05 Aug 2020

Citation : 2020 Latest Caselaw 441 SC

Headnote :

CRUCIALNDPS - The necessity to establish a prima facie case beyond a reasonable doubt cannot be overlooked.NDPS Act - Sentencing - The seriousness of the sentence and the strictness of the provisions necessitate a more rigorous examination of the evidence to establish the foundational facts by the p...

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M/S EXL CAREERS vs. FRANKFINN AVIATION SERVICES PVT. LTD.

Judgement Date : 05 Aug 2020

Citation : 2020 Latest Caselaw 442 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

IMPORTANTReturn of plaint - Trial proceedings - When a plaint is returned by the Court due to lack of jurisdiction, the Court with proper jurisdiction must conduct a new trial.Civil Procedure Code, 1908, Order 7, Rules 10 and 10A - Returning a plaint for filing in the appropriate court - If the cour...

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MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED vs. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH

Judgement Date : 05 Aug 2020

Citation : 2020 Latest Caselaw 443 SC

Drugs and Cosmetics Rules, 1945
Drugs and Cosmetics Rules, 1945
Insecticides Act, 1968
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Southern Painters Vs. Fertilizers & Chemicals Travancore Ltd. [1993] INSC 349 (10 September 1993)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
Municipal Corporation of Delhi Vs. Ghisa Ram [1966] INSC 253 (23 November 1966)

Headnote :

CRUCIALDrug and Cosmetic Act - Delays in Sample Testing - Delays by the Drug Authority in testing samples may invalidate proceedings under the Drug and Cosmetic Act.According to the Drugs and Cosmetics Act of 1940, Section 25(1) and the Drugs and Cosmetics Rules of 1945, Rule 85(2) - Regarding the s...

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RAMA NAND vs. CHIEF SECRETARY GOVT.OF NCT OF DELHI

Judgement Date : 06 Aug 2020

Citation : 2020 Latest Caselaw 444 SC

Headnote :

The Constitution of India, 1950, Article 136 - Assured Career Progression - Entitlement - The appellants, who were employed as \"Telephone Operators,\" were reappointed as \"Radio Telephone Operators\" following their training due to a reorganization. An Office Memorandum was issued to introduce the...

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HARI KRISHNA MANDIR TRUST vs. STATE OF MAHARASHTRA

Judgement Date : 07 Aug 2020

Citation : 2020 Latest Caselaw 445 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Maharashtra Regional and Town Planning Act, 1966
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Wazir Chand Vs. The State of Himachal Pradesh [1954] INSC 50 (22 April 1954)

Headnote :

CRUCIALProperty Rights - While the right to property is no longer classified as a fundamental right, it remains a constitutional and human right.CRUCIALWrit Mandamus - Court\'s Obligation - If a Government or public authority fails to properly exercise the discretion granted to it by law, the High C...

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GOVERNMENT OF INDIA vs. ISRO DRIVERS ASSOCIATION

Judgement Date : 10 Aug 2020

Citation : 2020 Latest Caselaw 446 SC

Central Civil Services (Conduct) Rules, 1964
Constitution of India
Government of India (Allocation of Business) Rules, 1961

Headnote :

The Central Civil Services (Recognition of Service Association) Rules, 1993, specifically Rule 5(c), addresses the recognition of associations for drivers as a distinct category. The Respondent Association of drivers from ISRO sought recognition as a separate category based on their job descriptions...

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COMMON CAUSE vs. UNION OF INDIA

Judgement Date : 11 Aug 2020

Citation : 2020 Latest Caselaw 447 SC

Headnote :

The Mines and Minerals (Development and Regulation) Act, 1957, Section 21(5) - Regarding the delay in payment, the Court, while addressing the Writ Petition, instructed that the applicant company must pay compensation by 31.12.2017. Due to the delay in payment, a request for condonation has been mad...

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WONDER PROJECTS DEVELOPMENT PVT. LTD vs. UNION OF INDIA

Judgement Date : 11 Aug 2020

Citation : 2020 Latest Caselaw 448 SC

Ministry of Environment, Forest and Climate Change

Headnote :

Environment - High-Rise Residential Building - Environmental Clearance granted by the State Environment Impact Assessment Authority - Overturned by the National Green Tribunal - A Joint Committee was established by the NGT to prepare a report; however, the appeal was resolved without considering thi...

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VINEETA SHARMA vs. RAKESH SHARMA

Judgement Date : 11 Aug 2020

Citation : 2020 Latest Caselaw 449 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Hindu Succession (Amendment) Act, 2005
Hindu Succession Act, 1956
Indian Succession Act, 1925
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Shyama Devi Vs. Manju Shukla [1994] INSC 467 (12 September 1994)
State Bank of India Vs. Ghamandi Ram [1969] INSC 40 (13 February 1969)

Headnote :

CRUCIALDaughters are now recognized and treated as coparceners, possessing equal rights and responsibilities as sons. The right to be a coparcener is inherent from birth, and it is not necessary for the father to be alive at the time of the amendment.Daughters are now entitled to request a partition...

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M. RADHA HARI SESHU vs. STATE OF TELANGANA

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 450 SC

IPC Section 302. Punishment for murder
IPC Section 304B. Dowry death
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

The Criminal Procedure Code of 1973, Section 389(1), along with Sections 304B and 498A of the Indian Penal Code of 1860, pertains to dowry death and the granting of bail while an appeal is pending. The appellant requested the suspension of their sentence and bail during the appeal process. The appel...

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PREET PAL SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 451 SC

Criminal Procedure Code, 1973
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Dowry Prohibition Act, 1961
IPC Section 304B. Dowry death
IPC Section 406. Punishment for criminal breach of trust
IPC Section 411. Dishonestly receiving stolen property
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

IMPORTANTSuspension of sentence - The High Court could not have suspended the execution of the sentence and granted bail without providing any justification.Criminal Procedure Code, 1973, Section 389 - Indian Penal Code, 1860 Sections 304B, 498A and 406 Dowry Prohibition Act, 1961 Sections 3 and 4 G...

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IN RE PRASHANT BHUSHAN

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 452 SC

Advocates Act, 1961
Constitution of India
Contempt of Courts Act, 1971
Criminal Procedure Code, 1973
Government of India Act, 1935
IPC Section 120B. Punishment of criminal conspiracy
Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975

Supreme Court Bar Association Vs. Union of India & Ors [2007] Insc 406 (13 April 2007)
Pallav Sheth Vs. Custodian & Ors [2001] INSC 381 (10 August 2001)
Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)
In Re: Vinay Chandra Mishra [1995] INSC 180 (10 March 1995)
The State of West Bengal Vs. Nripendra Nath Bagchi [1965] INSC 181 (10 September 1965)

Headnote :

CRUCIALContempt of court - Hostile remarks directed at judges in their official capacity or towards the judiciary can be considered as scandalizing the Court.Contempt of court - The Supreme Court\'s authority to initiate contempt proceedings is not restricted by the provisions of the Contempt of Cou...

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UNION OF INDIA vs. M/S K.C.SHARMA & CO.

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 453 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Transfer of Property Act, 1882

Headnote :

Land Acquisition Act, 1894 Sections 30 and 31 - Acquisition - Overturning the compensation order - Claimants were determined to be eligible for compensation based on their status as leaseholders of the acquired land. They asserted that they had leased the land from the Gram Panchayat. The plaintiffs...

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BABULAL VARDHARJI GURJAR vs. VEER GURJAR ALUMINIUM INDUSTRIES PVT. LTD.

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 454 SC

Companies Act, 2013
Constitution of India
Indian Evidence Act, 1872
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Limitation Act, 1963
Maharashtra Relief Undertakings (Special Provisions) Act, 1958
Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Headnote :

CRUCIALInsolvency and Bankruptcy Code - Mortgage obligations - A three-year limitation period applies for starting the Corporate Insolvency Resolution Process from the date of default.According to the Insolvency and Bankruptcy Code, 2016, Sections 7 and 62, and the Limitation Act, 1963, Article 137...

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M.C.MEHTA vs. UNION OF INDIA

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 455 SC

Delhi Development Act, 1957
Delhi Land Reforms Act, 1954
Delhi Laws (Special Provisions) Act, 2006
Delhi Laws (Special Provisions) Act, 2006
Delhi Municipal Corporation Act, 1957
Great Eastern Hotel (Acquisition of Undertaking) Act, 1980

M.C. Mehta Vs. Union of India & Ors [2007] Insc 1031 (10 October 2007)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 79 (16 February 2006)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 203 (13 April 2006)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 625 (29 September 2006)
M.C. Mehta Vs. Union of India & Ors [2004] Insc 179 (18 March 2004)
State of U.P.& Ors Vs. Manohar [2004] Insc 760 (15 December 2004)
M.C. Mehta Vs. Union of India & Ors [2003] INSC 208 (2 April 2003)
M.C. Mehta Vs. Union of India & Ors [1999] INSC 225 (22 July 1999)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 8 (7 January 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 295 (12 May 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 300 (12 May 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 625 (18 December 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 633 (18 December 1998)
M.C. Mehta Vs. Union of India & Ors [1997] INSC 840 (20 November 1997)
M.C. Mehta Vs. Union of India & Ors [1996] INSC 763 (8 July 1996)
M.C. Mehta Vs. Union of India & Ors [1996] INSC 1290 (11 October 1996)

Headnote :

CRUCIALRight to Property - Deprivation - No individual can be deprived of their property or right to reside except in a manner established by law. When a statute specifies a procedure, deprivation of property cannot occur through alternative means.A. Delhi Development Act, 1957, Section 5(3) - Delhi...

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CENTRE FOR PUBLIC INTEREST LITIGATION vs. UNION OF INDIA

Judgement Date : 18 Aug 2020

Citation : 2020 Latest Caselaw 456 SC

Companies Act, 2013
Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005
Income Tax Act, 1961
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

CRUCIALThe Disaster Management Act - The PM CARES Fund is a public charitable trust and cannot be directed to transfer funds to the NDRF.The Disaster Management Act - The Union of India is not required to create, announce, and implement a National Disaster Management Plan specifically for the COVID-...

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RHEA CHAKRABORTY vs. STATE OF BIHAR

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 457 SC

CrPC Section 154. Information in cognizable cases
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 157. Procedure for investigations
CrPC Section 174. Police to enquire and report on suicide, etc
CrPC Section 175. Power to summon persons
CrPC Section 406. Power of Supreme Court to transfer cases and appeals
Indian Penal Code, 1860 (IPC)
Prevention of Money Laundering Act, 2002
Supreme Court Rules, 2013

Headnote :

CRUCIALJurisdiction - Unnatural death in Mumbai - The Patna police have the authority to file an FIR and conduct an investigation - A police officer cannot decline to investigate based on territorial limitations - The Bihar Government is authorized to assign the investigation to the CBI.A. Criminal...

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GHANSHYAM UPADHYAY vs. STATE OF UTTAR PRADESH

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 458 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India

Kushum Lata Vs. Union of India & Ors [2006] Insc 398 (12 July 2006)

Headnote :

NOTICEPublic Interest Litigation - Destruction of residential properties belonging to gangster Vikas Dubey and the need for a proper investigation into the encounter - The petitioner, an advocate practicing in Mumbai, has no connection to the incident that occurred in Uttar Pradesh - Nevertheless, t...

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MOHD.ANWAR vs. STATE (NCT OF DELHI)

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 459 SC

Arms Act, 1959
Indian Penal Code, 1860 (IPC)
IPC Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt
IPC Section 84. Act of a person of unsound mind

Headnote :

CRUCIALInsanity Defense - The accused must demonstrate that they were suffering from such a mental disability specifically at the time the crime was committed.A. Under the Indian Penal Code, 1860, Sections 394 and the Arms Act, 1959, Section 25, the act of voluntarily causing harm during a robbery i...

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DECCAN PAPER MILLS CO. LTD. vs. REGENCY MAHAVIR PROPERTIES

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 460 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Indian Contract Act, 1872
Indian Evidence Act, 1872
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Specific Relief Act, 1963
Transfer of Property Act, 1882

Headnote :

The Arbitration and Conciliation Act of 1996, Section 8, and the Specific Relief Act of 1963, Section 31, address serious allegations of fraud regarding the cancellation of a deed by a non-executant. In such cases, the non-executant must seek recourse through the court under Section 34 of the Specif...

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COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT vs. M/S. CERA BOARD AND DOORS, KANNUR, KERALA

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 461 SC

Central Excise Act, 1944
Central Excise Rules, 2002

Headnote :

The Central Excise Act of 1994, specifically Section 4, along with Rule 25 of the Central Excise Rules of 2002, addresses the valuation of goods sold. According to Section 4(1), the valuation must adhere to the \"transaction value\" principle, which was amended in 2000 to include three specific cond...

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AVITEL POST STUDIOZ LIMITED AND ORS. vs. HSBC PI HOLDING (MAURITIUS) LIMITED

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 462 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Indian Contract Act, 1872
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Transfer of Property Act, 1882

Vishnu Dutt Sharma Vs. Daya Sapra [2009] INSC 944 (5 May 2009)

Headnote :

CRUCIALArbitration Act - Fraud Allegations - Arbitration Proceedings - The mere existence of criminal proceedings related to allegations of fraud does not imply that a dispute, which is otherwise subject to arbitration, is no longer arbitrable.A. Under the Arbitration and Conciliation Act, 1996 Sect...

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SARDAR BAHGINDER SINGH vs. SARDAR MANJIEETH SINGH

Judgement Date : 20 Aug 2020

Citation : 2020 Latest Caselaw 463 SC

Headnote :

CRUCIALSikh Gurdwara - Authority to nominate members - Responsibility assigned to the Sachkhand Hazuri Khalsa Diwan - Established practice of nominations by the President contradicts the statute - Appointments made by the State Government are also invalid.A. Nanded Sikh Gurudwara Sachkhand Shri Hazu...

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V.N. KRISHNA MURTHY vs. SRI RAVIKUMAR

Judgement Date : 21 Aug 2020

Citation : 2020 Latest Caselaw 464 SC

Code of Civil Procedure, 1908 (CPC)

Baldev Singh Vs. Surinder Mohan Sharma & Ors [2002] INSC456 (1 November 2002)
Shanti Kumar R. Canji Vs. The Home Insurance Co. of New York [1974] INSC 127 (24 July 1974)

Headnote :

IMPORTANTAppeal from decree - Simply claiming that parties are adversely affected by the decree is inadequate.Civil Procedure Code, 1908, Section 96 - Appeal from decree - The Trial Court ruled that the registered sale agreement was barred by limitation and not binding on the plaintiffs, while also...

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WG. CDR. ARIFUR RAHMAN KHAN AND ALEYA SULTANA vs. DLF SOUTHERN HOMES PVT. LTD.

Judgement Date : 24 Aug 2020

Citation : 2020 Latest Caselaw 465 SC

Ghaziabad Development Authority Vs. Balbir Singh [2004] Insc 175 (17 March 2004)
Ghaziabad Development Authority Vs. Balbir Singh [2004] Insc 738 (3 December 2004)

Headnote :

CRUCIALDelay in Flat Allotment by Developer - Compensation Determination - Courts are not obligated to adhere to the compensation specified in the Agreement - Flat buyers who have taken possession or signed Deeds of Conveyance retain their right to seek compensation for the delay in receiving their...

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VIKRANT SINGH MALIK vs. SUPERTECH LTD

Judgement Date : 24 Aug 2020

Citation : 2020 Latest Caselaw 466 SC

Code of Civil Procedure, 1908 (CPC)
Uttar Pradesh Apartment (Promotion Of Construction, Ownership And Maintenance) Act, 2010

Headnote :

NOTICEConsumer Protection - Review of Composite Complaints Submitted by Complainants to NCDRC.According to the Consumer Protection Act of 1986, Section 12(1)(c) - Regarding composite complaints submitted by complainants - The complaint has been reinstated for review by the NCDRC. The NCDRC has the d...

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RAJ PAL SINGH vs. COMMISSIONER OF INCOME TAX HARYANA

Judgement Date : 25 Aug 2020

Citation : 2020 Latest Caselaw 467 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894
Section 116. TPA, Effect of holding over.
Transfer of Property Act, 1882

Headnote :

CRUCIALIncome Tax - Land Acquisition - Taxation of Capital Gains on Compensation - Capital gains resulting from compulsory land acquisition can be taxed based on the date of the award that occurs in the previous year during which the transfer took place.A. Income Tax Act, 1961 Sections 2(47) and 45...

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UNION OF INDIA vs. AGRICAS LLP

Judgement Date : 26 Aug 2020

Citation : 2020 Latest Caselaw 468 SC

Constitution of India
Customs Act, 1962
Customs Tariff Act, 1975
Foreign Trade (Development and Regulation) Act, 1992
Foreign Trade (Regulation) Rules, 1993
Safeguard Measures (Quantitative Restrictions) Rules, 2012

Headnote :

The Foreign Trade (Development and Regulation) Act of 1992, Section 6, pertains to import policy and grants authority to the Central Government. On March 29, 2019, the Union of India amended the import policy conditions for items listed in Chapter 7 of the Indian Trade Classification. Subsequently,...

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NARASAMMA vs. A.KRISHNAPPA (DEAD)

Judgement Date : 26 Aug 2020

Citation : 2020 Latest Caselaw 469 SC

Code of Civil Procedure, 1908 (CPC)

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

Headnote :

NOTICEA claim of title and a claim of adverse possession cannot be asserted at the same time and from the same date.Civil Procedure Code, 1908, Order 7, Rule 1 - Regarding the property in question - It has been determined that a claim of title and a claim of adverse possession cannot be made simulta...

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V. SUKUMARAN vs. STATE OF KERALA

Judgement Date : 26 Aug 2020

Citation : 2020 Latest Caselaw 470 SC

Headnote :

CRUCIALPension provisions should be interpreted generously as a measure of social welfare.According to Rule 13 of the Kerala Service Rules, pensionary benefits for service as a Casual Labour Roll (CLR) worker should ensure equal pay scales. The appellant has worked for an extended period as a CLR wo...

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STATE OF MADHYA PRADESH vs. RAKESH SETHI

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 471 SC

Central Motor Vehicles Rules, 1989
Constitution of India
Motor Vehicles Act, 1939
Motor Vehicles Act, 1988
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Ramanathan Vs. State of Tamil Nadu [1978] INSC 85 (18 April 1978)

Headnote :

IMPORTANTMotor Vehicles - Special Fee for Reserved Numbers - The State Government is authorized by Parliamentary law to establish rules regarding special fees for reserved numbers.According to Section 65 of the Motor Vehicles Act, 1988, and Rule 55-A of the Motor Vehicles Rules, 1994, the State Gove...

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KARTHICK vs. STATE REP BY INSPECTOR OF POLICE

Judgement Date : 26 Aug 2020

Citation : 2020 Latest Caselaw 472 SC

IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
Kancheepuram

Headnote :

The Indian Penal Code of 1860, specifically Sections 147, 323, 325, 323, and 149, addresses grievous hurt and sentencing. At the time of the incident, the accused were between 21 and 23 years old. The event occurred unexpectedly over the act of picking blackberries. Medical evidence indicates that t...

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NAZIR MOHAMED vs. J.KAMALA AND ORS.

Judgement Date : 27 Aug 2020

Citation : 2020 Latest Caselaw 473 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963

Santosh Hazari Vs. Purushottam Tiwari [2001] INSC 76 (8 February 2001)

Headnote :

CRUCIALSecond appeal - Substantial question of law - It is essential to formulate a substantial question of law - Simply referencing the grounds stated in the Memorandum of Second Appeal does not fulfill the requirements of section 100 of the CPC.A. Civil Procedure Code, 1908 Section 100 Second appe...

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STATE OF PUNJAB vs. DAVINDER SINGH

Judgement Date : 27 Aug 2020

Citation : 2020 Latest Caselaw 474 SC

Constitution of India
Government of India Act, 1935
Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006

Ashoka Kumar Thakur Vs. Union of India & Ors [2008] INSC 612 (10 April 2008)
Ashoka Kumar Thakur Vs. Union of India & Ors [2008] INSC 613 (10 April 2008)
Ashoka Kumar Thakur Vs. Union of India & Ors [2008] INSC 614 (10 April 2008)
Sobha Hymavathi Devi Vs. Setti Gangadhara Swamy & Ors [2005] INSC 66 (28 January 2005)
S.R. Chaudhuri Vs. State of Punjab & Ors [2001] INSC 395 (17 August 2001)
State of Maharashtra Vs. Milind & Ors [2000] INSC 587 (28 November 2000)

Headnote :

CRUCIALReservation - The authority to allocate a percentage of reservations within the permissible limits lies with the State legislatures.A. According to the Constitution of India, 1950, Articles 14(1), 16(4), 338, and 341, as well as the Punjab Scheduled Caste and Backward Classes (Reservation in...

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COMMISSIONER OF SERVICE TAX vs. M/S ADANI GAS LTD.

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 475 SC

Constitution of India

Headnote :

A. According to Section 65(105)(zzzzj) of the Finance Act, 1994, the charges collected from customers create a liability for Service tax. The respondent operates in the distribution of natural gas, specifically Compressed Natural Gas and Piped Natural Gas, catering to industrial, commercial, and dom...

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UNION OF INDIA vs. ASHOK KUMAR SHARMA

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 476 SC

Central Excise Act, 1944
Chartered Accountants Act, 1949
Chartered Accountants Act, 1949
Constitution of India
CrPC Section 151. Arrest to prevent the commission of cognizable offences
CrPC Section 154. Information in cognizable cases
CrPC Section 155. Information as to non-cognizable cases and investigation of such cases
CrPC Section 157. Procedure for investigations
CrPC Section 158. Report how submitted
CrPC Section 161. Examination of witnesses by police
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 193. Cognizance of offences by Courts of Session
CrPC Section 2. Definitions
CrPC Section 202. Postponement of issue of process
CrPC Section 4. Trial of offences under the Indian Penal Code and other laws
CrPC Section 41. When police may arrest without warrant
CrPC Section 41A. Notice of appearance before police officer
CrPC Section 41B. Procedure of arrest and duties of officer making arrest
CrPC Section 41D. Right of arrested person to meet an advocate of his choice during interrogation
CrPC Section 42. Arrest on refusal to give name and residence
CrPC Section 43. Arrest by private person and procedure on such arrest
CrPC Section 436. In what cases bail to be taken
CrPC Section 437. When bail may be taken in case of non-bailable offence
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 46. Arrest how made
CrPC Section 48. Pursuit of offenders into other jurisdictions
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 49. No unnecessary restraint
CrPC Section 5. Saving
CrPC Section 50. Person arrested to be informed of grounds of arrest and of right to bail
CrPC Section 50A. Obligation of person making arrest to inform about the arrest, etc. to a nominated person
CrPC Section 54. Examination of arrested person by medical officer
CrPC Section 54A. Identification of person arrested
CrPC Section 55A. Health and safety of arrested person
CrPC Section 56. Person arrested to be taken before Magistrate or officer in charge of police station
CrPC Section 57. Person arrested not to be detained more than twenty-four hours
CrPC Section 58. Police to report apprehensions
CrPC Section 59. Discharge of person apprehended
CrPC Section 60A. Arrests to be made strictly accordance to the Code
Customs Act, 1962
Dowry Prohibition Act, 1961
Drugs and Cosmetics Act, 1940
Gold (Control) Act, 1968
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Insecticides Act, 1968
IPC Section 21. Public Servant
IPC Section 320. Grievous hurt.
IPC Section 378. Theft
IPC Section 379. Punishment for theft
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
Narcotic Drugs and Psychotropic Substances Act, 1985
Police Act, 1861
Police Act, 1861
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954
Railway Property (Unlawful Possession) Act, 1966
Railway Protection Force Act, 1957
Seeds Act, 1966
Transplantation of Human Organs and Tissues Act, 1994
Uttarakhand Ground Water (Regulation and Control of Development and Management) Act, 2016
Weekly Holidays Act, 1942

Sultana Begum Vs. Prem Chand Jain [1996] INSC 1580 (10 December 1996)
Directorate of Enforcement Vs. Deepak Mahajan [1994] INSC 71 (31 January 1994)
Balkishan A. Devidayal Vs. State Of Maharashtra [1980] INSC 142 (31 July 1980)
State of U.P. Vs. Durga Prasad [1974] INSC 155 (23 August 1974)
Illias Vs. Collector of Customs, Madras [1968] INSC 266 (31 October 1968)

Headnote :

IMPORTANTDrugs and Cosmetics Act - Selling medicine without a license - Cognizance of the offense - Police Officers lack the authority to file FIRs, conduct investigations, or make arrests; such powers are exclusively held by Drug Inspectors.A. Criminal Procedure Code, 1973, Sections 32, 190, and 15...

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DALBIR SINGH vs. STATE OF NCT OF DELHI

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 477 SC

Headnote :

NOTICECustodial death - Compensation Release - The complainant is not eligible for compensation release while the appeal is ongoing.According to Section 357(3) of the Criminal Procedure Code, 1973 - In the case of custodial death, where the appellant\'s son was detained by police officers in relatio...

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PARVINDER KANSAL vs. STATE OF NCT OF DELHI

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 478 SC

IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 364A. Kidnapping for ransom, etc.

Headnote :

NOTICEVictim\'s appeal regarding insufficient sentence - Not permissible - Such appeals can only be initiated by the State.Criminal Procedure Code, 1973, Sections 372 and 377; Indian Penal Code, 1860, Sections 364A, 302, and 201 - Kidnapping for ransom and murder - Appeal for sentence enhancement -...

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PRANEETH K vs. UNIVERSITY GRANTS COMMISSION (UGC)

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 479 SC

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Constitution of India
Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005
Government of India Act, 1935
National Council for Teacher Education Act, 1993
University Grants Commission Act, 1956

Tariq Islam Vs. Aligarh Muslim University & Ors [2001] INSC533 (9 October 2001)

Headnote :

CRUCIALExaminations - Guidelines from the University Grant Commission for conducting examinations by 30.9.2020 - A uniform date for the completion of examinations has been established nationwide to ensure consistency in the academic calendar - Neither the State nor the State\'s Disaster Management A...

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M/S RADHA EXPORTS (INDIA) PRIVATE LIMITED vs. K.P JAYARAM

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 480 SC

Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

Headnote :

IMPORTANTInsolvency and Bankruptcy Code - Corporate Insolvency Resolution - Applications for Insolvency Resolution are always subject to a limitation period.A. Under the Insolvency and Bankruptcy Code, 2016, Sections 7 and 9, regarding corporate insolvency resolution - the rejection of an applicatio...

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STATE OF MADHYA PRADESH vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT

Judgement Date : 28 Aug 2020

Citation : 2020 Latest Caselaw 481 SC

Air (Prevention and Control of Pollution) Act, 1981
Atomic Energy Act, 1962
Central Motor Vehicles Rules, 1989
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Environment (Protection) Act, 1986
Indian Evidence Act, 1872
IPC Section 196. Using evidence known to be false
Motor Vehicles Act, 1939
Motor Vehicles Act, 1988
National Green Tribunal Act, 2010
Public Liability Insurance Act, 1991
Water (Prevention and Control of Pollution) Act, 1974

M. C. Mehta Vs. Union of India & Ors [1997] INSC 924 (10 December 1997)

Headnote :

CRUCIALOperating a vehicle without a valid Pollution Under Control (PUC) certificate will result in the suspension of the vehicle\'s registration until the certificate is presented.A. According to the National Green Tribunal Act, 2010, Section 14, and the Central Motor Vehicles Rules, 1989, Rules 11...

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TAMIL NADU MEDICAL OFFICERS ASSOCIATION vs. UNION OF INDIA

Judgement Date : 31 Aug 2020

Citation : 2020 Latest Caselaw 482 SC

Babasaheb Bhimrao Ambedkar University Act, 1994
Constitution of India
Corrigendum
Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007
Gujarat University Act, 1949
Indian Medical Council Act, 1956
Indira Gandhi National Tribal University Act, 2007
Maulana Azad National Urdu University Act, 1996
Postgraduate Medical Education Regulations, 2000
Rights of Persons with Disabilities Act, 2016

State of Punjab Vs. Mohinder Singh & Ors [2007] Insc 992 (28 September 2007)
State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors [2006] Insc 166 (31 March 2006)
State of Punjab Vs. Mohinder Singh [2005] INSC 170 (14 March 2005)
Medical Council of India Vs. State of Karnataka & Ors [1998] INSC 333 (16 July 1998)
Ajay Kumar Singh Vs. State of Bihar [1994] INSC 178 (17 March 1994)

Headnote :

IMPORTANTReservation - The State Government has the authority to implement reservation for in-service government doctors in postgraduate medical degree programs.IMPORTANTIn-service government doctors seeking admission to postgraduate medical degree courses must pass the NEET Examination with the min...

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IN RE PRASHANT BHUSHAN

Judgement Date : 31 Aug 2020

Citation : 2020 Latest Caselaw 483 SC

Advocates Act, 1961
Constitution of India
Contempt of Courts Act, 1971
Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975

R.K. Anand Vs. Registrar, Delhi High Court [November 21, 2012]
Pallav Sheth Vs. Custodian & Ors [2001] INSC 381 (10 August 2001)
Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)
C. Ravichandran Iyer Vs. Justice A.M. Bhattacharjee & Ors [1995] INSC 463 (5 September 1995)
Papnasam Labour Union Vs. Madura Coats Ltd. [1994] INSC 658 (8 December 1994)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)

Headnote :

IMPORTANTContempt of Court - The defense of truth is only valid if it serves the public interest and the request to invoke this defense is made in good faith.IMPORTANTContempt of Court - An individual cannot misuse their freedom of speech to defame institutions such as the Court.A. Under the Contemp...

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VIJAY MALLYA vs. STATE BANK OF INDIA

Judgement Date : 31 Aug 2020

Citation : 2020 Latest Caselaw 484 SC

Headnote :

Review Petition - Contempt of Court due to failure to disclose assets - It was determined that the respondent\'s attempt to seek a re-hearing in this matter cannot be allowed, and the arguments presented do not demonstrate any \"error apparent on record\" that would warrant intervention in the revie...

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MUKESH SINGH vs. STATE (NARCOTIC BRANCH OF DELHI)

Judgement Date : 31 Aug 2020

Citation : 2020 Latest Caselaw 485 SC

Constitution of India
CrPC Section 100. Persons in charge of closed place to allow search
CrPC Section 151. Arrest to prevent the commission of cognizable offences
CrPC Section 152. Prevention of injury to public property
CrPC Section 154. Information in cognizable cases
CrPC Section 155. Information as to non-cognizable cases and investigation of such cases
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 157. Procedure for investigations
CrPC Section 159. Power to hold investigation or preliminary inquiry
CrPC Section 161. Examination of witnesses by police
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 457. Procedure by police upon seizure of property
CrPC Section 465. Finding or sentence when reversible by reason of error, omission or irregularity

Mohan Lal Vs. The State of Punjab [August 16, 2018]
State of Rajasthan Vs. Ram Chandra [2005] INSC 241 (12 April 2005)
Karamjit Singh Vs. State (Delhi Administration) [2003] Insc 180 (26 March 2003)
State of U.P. Vs. Bhagwant & Ors [2003] INSC 246 (22 April 2003)
The State of Punjab Vs. Baldev Singh [1999] INSC 224 (21 July 1999)
Paramjit Singh & Ors Vs. The State of Punjab & Ors [1996] INSC 1575 (10 December 1996)
Paramjit Singh & Ors Vs. The State of Punjab & Ors [1996] INSC 1577 (10 December 1996)
Hardip Singh Vs. State of Punjab [1993] INSC 369 (21 September 1993)

Headnote :

CRUCIALNDPS - An investigation will not be deemed unfair or biased simply because the informant is also the investigator.According to the Narcotic Drugs and Psychotropic Substances Act of 1985, it has been determined that when the informant is also the investigator, the investigation remains free fr...

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JAIPUR VIDYUT VITRAN NIGAM LTD. vs. ADANI POWER RAJASTHAN LTD.

Judgement Date : 31 Aug 2020

Citation : 2020 Latest Caselaw 486 SC

Electricity Act, 2003

Headnote :

A. Under Section 63 of the Electricity Act, 2003, the Power Purchase Agreement (PPA) is binding. The appellant entered into a PPA with the respondent, a generating company, following a tariff-based competitive bidding process. The bid evaluation was based on domestic coal, and the escalations were a...

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