Caselaw | Supreme Court Judgements of 2020

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COMMISSIONER DIRECTORATE OF LOGISTICS vs. M/S ALMIGHTY TECHSERV

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 201 SC

Headnote :

The interim relief regarding the tender has been addressed. The tender for the supply of videoscopes was contested by a bidder who was not awarded the contract. The High Court annulled the award and mandated a new tender process. However, this new tendering process could significantly delay the urge...

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DISTRICT BAR ASSOCIATION DEHRADUN vs. ISHWAR SHANDILYA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 202 SC

Advocates Act, 1961
Constitution of India
Kancheepuram

Common Cause, A Registered Society Vs. Union of India [2001] INSC 621 (22 November 2001)
Common Cause, A Registered Society Vs. Union of India & Ors [1999] INSC 240 (3 August 1999)
Ex-Capt. Harish Uppal Vs. Union of India [1994] INSC 203 (30 March 1994)
Common Cause, A Registered Society Vs. Union of India & Ors [1993] INSC 7 (7 January 1993)

Headnote :

IMPORTANTThe act of going on strike or boycotting courts cannot be defended under the pretext of the right to freedom of speech and expression.A. According to Section 48 of the Advocates Act, 1961, advocates in the entire District of Dehradun, as well as in the districts of Haridwar and Udham Singh...

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STATE OF ODISHA vs. SATYA NARAYAN BEHURA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 203 SC

State of Rajasthan Vs. Fateh Chand Soni [1995] INSC 834 (12 December 1995)

Headnote :

The Orissa Revised Scale of Pay Rules 1998, Rule 8, and the Orissa Revised Scale of Pay Rules 2008, Rule 14, concerning Assured Career Progression, indicate that the High Court failed to provide any justification for dismissing the Writ Petition. Instead, it merely referenced paragraph 7 of the Trib...

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CANARA BANK vs. P SELLATHAL

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 204 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 419. Punishment for cheating by personation
IPC Section 420. Cheating and dishonestly inducing delivery of property

Madanuri Sri Rama Chandra Murthy Vs. Syed Jalal [April 19, 2017]
Sopan Sukhdeo Sable & Ors Vs. Assistant Charity Commissioner & Ors [2004] Insc 49 (23 January 2004)
Ram Singh & Ors Vs. Gram Panchayat Mehal Kalan & Ors [1986] INSC 196 (22 September 1986)

Headnote :

IMPORTANTLawsuits contesting decrees issued by the Debt Recovery Tribunal are not maintainable unless the appeal process outlined in the Recovery of Debts Due to Banks and Financial Institutions Act has been fully utilized.A. Civil Procedure Code, 1908, Order 7, Rule 11 (d) - Recovery of Debts Due T...

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SHRI PARESHBHAI AMRUTLAL PATEL vs. STATE OF GUJARAT

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 205 SC

Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

The Indian Penal Code of 1860, specifically Sections 420, 406, 120B, and 114, pertains to the quashing of an FIR. The appellant had previously filed a complaint under Section 138 of the Negotiable Instruments Act against the private respondent. Subsequently, the respondent filed an FIR against the a...

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MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. vs. UNION OF INDIA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 206 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity Regulatory Commissions Act, 1998
Electricity Regulatory Commissions Act, 1998

Headnote :

A. Under Section 49 of the Electricity Act, 1948 and Section 22(1)(c) of the Electricity Regulatory Act, 1998, the circulars issued regarding the Captive Power Plant Policy on July 23, 1998, and May 25, 1999, were quashed by the Maharashtra State Electricity Regulatory Commission. The Commission, es...

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BANK OF INDIA vs. M/S BRINDAVAN AGRO INDUSTRIES PVT LTD

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 207 SC

Headnote :

IMPORTANTConsumer Protection - Lack of awareness regarding the procedure and the Bank\'s Circular on the deduction of processing fees for credit facilities is not acceptable.According to the Consumer Protection Act, 1986, Sections 17 and 23, concerning credit facilities and the deduction of processi...

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KIRTI VIJAYVARGIYA vs. RAHUL VIJAYVARGIYA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 208 SC

Constitution of India
CrPC Section 125. Order for maintenance of wives, children and parents
Protection of Women From Domestic Violence Act, 2005

Headnote :

Matrimonial Dispute - Resolution - The parties resolved their conflict at the Mediation Centre - Utilizing its authority under Article 142, the Court annulled their marriage - The Court disposed of the petition in accordance with the settlement.[Paras 5 to 7]

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THAN KUNWAR vs. STATE OF HARYANA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 209 SC

Mohinder Singh Vs. The State [1950] INSC 26 (17 October 1950)

Headnote :

A. Under the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, regarding the recovery of contraband, there was a discrepancy in the testimony of the Gazetted Officer. The accused contested the testimony of the Deputy Superintendent of Police (DSP) based on his statements in another c...

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PAWAN KUMAR ARYA vs. RAVI KUMAR ARYA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 210 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, Order 21, Rule 34, addresses the dismissal of chamber summons and execution petitions, denying any directive for the defendants to execute the letter of allotment concerning eight apartments. It emphasizes that both parties involved in the consent terms or consent d...

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D.B.BASNETT (D) THR. LRS. vs. THE COLLECTOR, EAST DISTRICT, GANGTOK, SIKKIM

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 211 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Sikkim Land (Requisition and Acquisition) Act, 1977

Headnote :

IMPORTANTRights to land are no longer considered a fundamental right; however, they still qualify as a constitutional right, and any legislation aimed at removing an individual\'s property rights must be adhered to rigorously.A. Under the Sikkim Land (Requisition and Acquisition) Act, 1977, specific...

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UNION BANK OF INDIA vs. RAJAT INFRASTRUCTURE PVT. LTD.

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 212 SC

Constitution of India

Headnote :

IMPORTANTUnder the SARFAESI Act, the Debt Recovery Appellate Tribunal (DRAT) cannot accept an appeal without requiring a pre-deposit.According to Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, a pre-deposit is necessary for an...

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AVIATION TRAVELS PVT. LTD. vs. BHAVESHA SURESH GORADIA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 213 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The Constitution of India, 1950, Article 136 - Ex-parte order - The High Court rejected the notice of motion and refused to overturn the ex-parte judgment against the appellant. The lawsuit sought the recovery of Rs. one crore, with the plaintiff claiming interest at a rate of 24% per annum. The ex-...

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SATISHKUMAR NYALCHAND SHAH vs. STATE OF GUJARAT

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 214 SC

Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed

Headnote :

IMPORTANTCriminal Procedure - Further Investigation - Proposed Accused Not Required to Be Heard.According to the Criminal Procedure Code of 1973, specifically Section 173(8) and 156(3), as well as the Gujarat Ownership of Flats Act and violations of the Gujarat Development Control Regulations (GDCR)...

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SHAH FAESAL vs. UNION OF INDIA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 215 SC

Constitution of India
Constitution of Jammu and Kashmir

Headnote :

IMPORTANTDecisions made by a coordinate bench are binding on subsequent benches of equal or lesser strength; however, only the principles established in the judgment are binding.Only the principles upon which a case is decided serve as binding precedents.A. Constitution of India, 1950 Article 141 -...

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PAWAN KUMAR GUPTA vs. STATE OF N.C.T. OF DELHI

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 216 SC

Headnote :

SIGNIFICANTCurative petition of the Nirbhaya convict rejected.According to the Supreme Court Rules 2013, Order 48 - Nirbhaya case - Curative petition - The court found no grounds established within the criteria set forth in the ruling of Rupa Ashok Hurra v. Ashok Hurra & Another, reported in 2002 (4...

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ASSISTANT GENERAL MANAGER vs. RADHEY SHYAM PANDEY

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 217 SC

Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
Constitution of India
Indian Contract Act, 1872
Payment of Gratuity Act, 1972
Section 19. Voidability of agreements without free consent

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress [1990] INSC 268 (4 September 1990)
Atlas Cycle Industries Ltd. & Ors Vs. State of Haryana [1978] INSC 193 (4 October 1978)
Deokinandan Prasad Vs. State of Bihar & Ors [1971] INSC 141 (4 May 1971)

Headnote :

IMPORTANTOnce the VRS scheme is implemented, employees who have acted on it must not be abandoned.Pensions cannot be handled arbitrarily and should not be denied unfairly.A. According to SBI Employees\' Pension Fund Rules, Rule 22(i)(a) - Voluntary Retirement Scheme - Pension Entitlement - SBI intro...

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SUPERINTENDENT OF POST OFFICE vs. JAMBU KUMAR JAIN

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 218 SC

Indira Vikas Patra Rules, 1986

Headnote :

IMPORTANTIndira Vikas Patra Lost - Replacement - IVP Purchased in Cash - No Record Establishing Purchaser\'s Identity - District Forum and National Forum Made an Error in Accepting the Claim.Consumer Protection Act, 1986 Section 23 Indira Vikas Patra Rules, 1986, Rule 7 - Loss of Indira Vikas Patra...

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SAMTA NAIDU vs. STATE OF MADHYA PRADESH

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 219 SC

Criminal Procedure Code, 1973
CrPC Section 16. Courts of Metropolitan Magistrates
CrPC Section 203. Dismissal of complaint
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The Criminal Procedure Code of 1973, along with Section 203 of the Indian Penal Code of 1860, and Sections 201, 409, 420, 467, 468, and 471, pertains to cases involving forged signatures in an affidavit related to the sale of a car. The first complaint was dismissed, leading to the filing of a secon...

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SAJAN SETHI vs. RAJAN SETHI

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 220 SC

Headnote :

Partition - Suit concerning property - Partition related to the common area on the ground floor - According to the Will executed by the mother, the ground floor portion is bequeathed to the respondent/plaintiff, the first-floor portion is bequeathed to the appellant/defendant, and the second-floor p...

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PERIYAR DISTRICT CONSUMER CO OPERATIVE WHOLESALE STORES LTD.NO. AA467 vs. B. BALAGOPAL

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 221 SC

Headnote :

Eviction - Compensation for failure to leave the property - In a previous eviction case, the tenant agreed to vacate the property within six months and to pay a monthly compensation of Rs. 50,000 during that time. The landlord was permitted to pursue further damages, leading to the current case wher...

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PARVAT SINGH vs. STATE OF MADHYA PRADESH

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 222 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 450. House-trespass in order to commit offence punishable with imprisonment for life

Headnote :

IMPORTANTCriminal Procedure - Statements recorded under Section 161 of the Cr.P.C., 1973 are not admissible as evidence and cannot be used for conviction.A. Under the Criminal Procedure Code, 1973, Section 161, and the Indian Penal Code, 1860, Sections 302 in conjunction with Section 149 regarding M...

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SATISH KUMAR vs. STATE OF HIMACHAL PRADESH

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 223 SC

Arms Act, 1959
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A. Under Sections 302 and 34 of the Indian Penal Code, 1860, regarding murder, the acquittal is based on the forensic science laboratory report indicating that the gun recovered was used in the crime. However, the prosecution failed to prove which of the accused actually fired the gun. The accused\'...

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ADDITIONAL COMMISSIONER REVENUE vs. AKHALAQ HUSSAIN

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 224 SC

Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
U.P. Zamindari Abolition and Land Reforms Act, 1950

Life Insurance Corporation of India Vs. Escorts Ltd. & Ors [1985] INSC 252 (19 December 1985)
Waman Rao & Ors Vs. Union of India & Ors [1980] INSC 116 (9 May 1980)

Headnote :

A. Under the U.P. Zamindari Abolition and Land Reforms Act, 1950, specifically Sections 157B, 161(1), and 167, there are restrictions on the exchange of land. The respondent engaged in an exchange with a member of a scheduled tribe through a registered exchange deed, which was executed without obtai...

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ASHOK KUMAR GUPTA vs. M/S SITALAXMI SAHUWALA MEDICAL TRUST

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 225 SC

Code of Civil Procedure, 1908 (CPC)
Religious Endowments Act, 1863

Headnote :

IMPORTANTPublic Trust - Permission to file a lawsuit - Conditions that must be met.A. Civil Procedure Code, 1908 Section 92 Public Trust - Permission to file a lawsuit - Three essential conditions must be fulfilled to invoke Section 92 of the Code and maintain an action under this section: i) The tr...

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K. VIRUPAKSHA vs. STATE OF KARNATAKA

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 226 SC

Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 426. Punished for mischief
Security Interest (Enforcement) Rules, 2002

Headnote :

IMPORTANTIf the complainant, as a borrower, has any issues regarding actions taken by the secured creditor, the appropriate remedy is to utilize the provisions of the SARFAESI Act. Filing a criminal complaint constitutes an abuse of legal process.According to Article 136 of the Constitution of India...

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MANGAYARKARASI vs. M. YUVARAJ

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 227 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Samar Ghosh Vs. Jaya Ghosh [2007] Insc 331 (26 March 2007)
Naveen Kohli Vs. Neelu Kohli [2006] Insc 135 (21 March 2006)
Sanghamitra Ghosh Vs. Kajal Kumar Ghosh [2006] Insc 825 (20 November 2006)

Headnote :

IMPORTANTHindu Marriage Act - A criminal complaint filed by the wife, with the husband being acquitted in the proceedings, does not constitute grounds for divorce.A. Under the Civil Procedure Code, 1908, Section 100, and the Hindu Marriage Act, 1955, Section 13, regarding mental cruelty and a crimin...

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DEEPAK CHANDRAKANT JHAVERI vs. JOHNSON DYE WORKS (P) LTD.

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 228 SC

Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
U.P. Zamindari Abolition and Land Reforms Act, 1950

Life Insurance Corporation of India Vs. Escorts Ltd. & Ors [1985] INSC 252 (19 December 1985)
Waman Rao & Ors Vs. Union of India & Ors [1980] INSC 116 (9 May 1980)

Headnote :

The Civil Procedure Code of 1908, Section 24, and the Criminal Procedure Code of 1973, Sections 195(1)(b) and 340, address the consolidation of two lawsuits. In the second lawsuit, issues were not framed, leading to allegations of perjury and the initiation of criminal proceedings. It was determined...

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RAMESH SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 229 SC

U.P. Basic Education (Teachers) Service Rules, 1981

Headnote :

The U.P. Basic Education (Teachers) Service Rules, 1981, specifically Rules 16 and 19(3), pertain to the appointment of Assistant Teachers in Basic (Primary) schools. There were allegations of corruption leading to the removal from service. The question arose whether the appointment letters issued t...

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M/S. NEW ERA FABRICS LTD. vs. BHANUMATI KESHRICHAND JHAVERI

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 230 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
Maharashtra Rent Control Act, 1999

Headnote :

The Civil Procedure Code of 1908, Section 24, and the Criminal Procedure Code of 1973, Sections 195(1)(b) and 340, address perjury and the initiation of criminal proceedings. It is clear that the handwritten changes made by the petitioner in Column 12 of the balance sheet represent a substantial mod...

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DILIP SHAW @ SANATAN vs. STATE OF WEST BENGAL

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 231 SC

Explosives Act, 1884
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 304. Punishment for culpable homicide not amounting to murder

Sukhbir Singh Vs. State of Haryana [2002] INSC 88 (20 February 2002)
Sukhbir Singh & Ors Vs. State of Haryana [1997] INSC 759 (1 October 1997)

Headnote :

The Indian Penal Code of 1860, specifically Sections 304 Part I in conjunction with Sections 149 and 148, along with Section 9B(2) of the Explosives Act of 1884, addresses culpable homicide that does not equate to murder, as well as unlawful assembly. A brief time lapse and minor discrepancies in de...

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JOSE vs. JOHNSON

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 232 SC

Headnote :

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TULSA DEVI NIROLA vs. RADHA NIROLA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 233 SC

Indian Succession Act, 1925

Headnote :

IMPORTANTFamily Pension - The deceased husband lived with his second wife - The succession certificate granted to the second wife is deemed valid.According to the Indian Succession Act, 1925, Section 372 and Pension Rules Rule 40(6)(a)(i) - Family pension is awarded to the second wife - The first wi...

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STATE OF GOA vs. NARAYAN V. GAONKAR

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 234 SC

Goa, Daman And Diu Land Revenue Code, 1968

Headnote :

The Goa, Daman and Diu Land Revenue Code of 1968, specifically Sections 14 and 36, pertains to forest property where the forest department has exclusive possession. In this case, a counterclaim was made, and the name of the Forest Department was recorded in relation to the property in question. The...

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ANKIT ASHOK JALAN vs. UNION OF INDIA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 235 SC

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitution of India
General Clauses Act, 1897
National Security Act, 1980
Preventive Detention Act, 1950

Jayanarayan Sukul Vs. State of West Bengal [1969] INSC 324 (5 November 1969)

Headnote :

Uday Umesh Lalit, J. (agreeing)A. Constitution of India, 1950 Article 32 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 3(1) Detention Order - Is the Detaining Authority justified in postponing the consideration of a representation until the opinion of the...

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CHIEF INFORMATION COMMISSIONER vs. HIGH COURT OF GUJARAT

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 236 SC

Constitution of India
Official Secrets Act, 1923
Supreme Court Rules, 2013

Raj Kumar Yadav Vs. Samir Kumar Mahaseth & Ors [2005] INSC 164 (11 March 2005)
Ajoy Kumar Banerjee & Ors Vs. Union of India & Ors [1984] INSC 63 (21 March 1984)

Headnote :

IMPORTANTCertified Copies - A third party\'s right to request certified copies must follow the Gujarat High Court Rules established by the High Court, rather than relying on the provisions of the Right to Information Act.According to the Right to Information Act, 2005, Sections 19, 22, and 28, and t...

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NIRMALA KOTHARI vs. UNITED INDIA INSURANCE CO.LTD.

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 237 SC

Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]
National Insurance Co. Ltd. Vs. Swaran Singh & Ors [2004] Insc 12 (5 January 2004)

Headnote :

IMPORTANTMotor Vehicles - Insurance companies cannot deny compensation based on a driver\'s fake driving license.According to the Motor Vehicles Act, 1988, Section 149(2)(a) and 149(2)(a)(ii) - In cases of fatalities resulting from accidents, the presence of a fake driving license does not automatic...

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INTERNET AND MOBILE ASSOCIATION OF INDIA vs. RESERVE BANK OF INDIA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 238 SC

Banking Regulation Act, 1949
Central Goods and Services Tax Act, 2017
Coinage Act, 2011
Companies Act, 2013
Constitution of India
Financial Action Task Force (FATF)
Income Tax Act, 1961
Payment and Settlement Systems Act, 2007
Prize Chits and Money Circulation Schemes (Banning) Act, 1978
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Reserve Bank of India Act, 1934
Sale of Goods Act, 1930
Securities Contracts (Regulation) Act, 1956

State of Rajasthan & Ors Vs. Basant Nahata [2005] Insc 474 (7 September 2005)
Ramanathan Vs. State of Tamil Nadu [1978] INSC 85 (18 April 1978)

Headnote :

IMPORTANTCryptocurrencies, also known as virtual currencies, are not recognized as legal tender; however, they can perform many of the functions of traditional currency.Cryptocurrencies can be classified under the category of \"other similar instruments\" as specified in Section 2(h) of FEMA, 1999.T...

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MANAGING DIRECTOR CHHATTISGARH STATE CO OPERATIVE BANK MARYADIT vs. ZILA SAHKARI KENDRIYA BANK MARYADIT

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 239 SC

Headnote :

IMPORTANTChhattisgarh Co-Operative Societies Act - Appointment of CEO for Central Cooperative Bank from the cadre maintained by the Apex Society as per the notification.According to the Chhattisgarh Co-Operative Societies Act 1960, Sections 49E(2) and 54(3) - The Managing Director of Chhattisgarh St...

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COGNIZANT TECHNOLOGY SOLUTIONS INDIA PVT. LTD. vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 240 SC

Income Tax Act, 1961

Headnote :

Sections 391 to 393 of the Companies Act, 1956 and sections 115O, 245O, and 245RR of the Income Tax Act, 1961, along with Rule 37BB of the Income Tax Rules, 1962, pertain to the back buying of shares and the associated tax liability. The ruling states:(a) The communication dated 22.03.2018 will be r...

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NEW INDIA ASSURANCE CO. LTD vs. HILLI MULTIPURPOSE COLD STORAGE PVT LTD

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 241 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Commercial Courts Act, 2015
Consumer Protection Regulations, 2005

Kailash Vs. Nanhku & Ors [2005] INSC 224 (6 April 2005)
Fairgrowth Investments Ltd. Vs. The Custodian [2004] Insc 639 (14 October 2004)
Nasiruddin & Ors Vs. Sita Ram Agarwal [2003] INSC 28 (28 January 2003)
Lachmi Narain Vs. Union of India & Ors [1975] INSC 288 (25 November 1975)

Headnote :

IMPORTANTConsumer Protection - The District Forum lacks the authority to extend the time limit for filing a response to a complaint beyond 45 days. The mere delivery of a notice to the opposing party, without the accompanying complaint, does not initiate the 30-day period for submitting a reply.A. U...

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N.C. SANTHOSH vs. STATE OF KARNATAKA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 242 SC

Headnote :

IMPORTANTCompassionate appointments should be based on the norms in effect at the time the application is considered.According to Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, and Rule 11 of the Karnataka Civil Services (Classification, Control and Appeal...

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PATRAM vs. GRAM PANCHAYAT KATWAR

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 243 SC

Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961

Headnote :

The Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) defines \'Shamilat deh\' - The question is whether the land occupied by the appellant(s) qualifies as \'shamilat deh\' land as per the Act and is therefore vested in the village common body. The conclusion is negative. For land to...

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MADHYA PRADESH HOUSING AND INFRASTRUCTIVE DEVELOPMENT BOARD vs. VIJAY BODANA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 244 SC

Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995

Headnote :

The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, Section 31 outlines measures to address the housing needs in the State of Madhya Pradesh. The original layout plan for Indira Nagar, presented by the board, indicates that the disputed land is designated for a major shopping complex. Nearby...

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C. JAYACHANDRAN vs. STATE OF KERALA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 245 SC

Headnote :

A. According to Rule 6(2) of the Kerala State Higher Judicial Services Special Rules, 1961, the seniority of officers appointed by transfer in excess of the quota is addressed. The quota for direct recruitment is established at one-third of the total cadre strength, while two-thirds is allocated for...

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UNION OF INDIA vs. M.V. MOHANAN NAIR

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 246 SC

Constitution of India

Indian Oil Corporation Ltd. Vs. State of Bihar & Ors [1986] INSC 170 (13 August 1986)

Headnote :

IMPORTANTThe MACP Scheme, which provides financial up-gradation to the next grade pay rather than the grade pay of the next promotional level, is not unfair.A. According to Rule 3(7) of the Central Civil Services (Revised Pay) Rules, 2008 - Under the Modified Assured Career Progression Scheme (MACP)...

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MANKASTU IMPEX PRIVATE LIMITED vs. AIRVISUAL LIMITED

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 247 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)

Union of India Vs. Hardy Exploration and Production (India) INC [May 01, 2018]
Union of India Vs. Hardy Exploration and Production (India) INC [September 25, 2018]
Bharat Aluminium Company Vs. Kaiser Aluminium Technical Services Inc. [January 28, 2016]

Headnote :

CRUCIALThe seat of arbitration is a critical element in any arbitration process - it establishes the governing law, the arbitration procedures, and the scope of judicial review over the arbitration award.A. According to Sections 11(6) and 20 of the Arbitration and Conciliation Act, 1996, the seat of...

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COMMISSIONER OF INCOME TAX UDAIPUR vs. M/S CHETAK ENTERPRISES PVT. LTD.

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 248 SC

Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, Section 80IA(4)(i)(b), pertains to deductions for operating infrastructure facilities. In this case, the assessee, who was involved in collecting road tax, sought a deduction for the relevant assessment year. An agreement had been made between the previous partnership fir...

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MANOJ SURYAVANSHI vs. STATE OF CHHATISGARH

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 249 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 364. Kidnapping or abducting in order to murder

Vasanta Sampat Dupare Vs. State of Maharashtra [May 03, 2017]
Ganpat Singh Vs. The State of Madhya Pradesh [September 19, 2017]
Mohinder Singh Vs. State of Punjab [January 28, 2013]
Amit Vs. State of Uttar Pradesh [February 23, 2012]
Mohinder Singh Vs. State of Punjab & Ors [2007] Insc 64 (23 January 2007)
Mohinder Singh & Ors Vs. State of Punjab [2006] Insc 154 (24 March 2006)
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)
Machhi Singh & Ors Vs. State of Punjab [1983] INSC 80 (20 July 1983)
Bachan Singh Vs. State of Punjab [1982] INSC 62 (16 August 1982)
Bachan Singh Vs. State of Punjab [1979] INSC 104 (4 May 1979)
Bachan Singh Vs. State of Punjab [1979] INSC 182 (14 September 1979)
Mohinder Singh Vs. State of Punjab & Ors [1977] INSC 147 (26 July 1977)
Santa Singh Vs. State of Punjab [1976] INSC 176 (17 August 1976)
Bachan Singh & Ors Vs. State of Punjab & Ors [1971] INSC 56 (18 February 1971)
Mohinder Singh Vs. The State [1950] INSC 26 (17 October 1950)

Headnote :

CRUCIALIssuing a sentence on the same day as the conviction is not inherently flawed.A. Indian Penal Code, 1860 Sections 302 and 364; Evidence Act, 1872 Section 3 - Kidnapping and murder - Conviction based on circumstantial evidence - The accused kidnapped and murdered three children aged approximat...

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M/S. SUPER MALLS PRIVATE LIMITED. vs. PRINCIPAL COMMISSIONER OF INCOME TAX 8

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 250 SC

Income Tax Act, 1961

Headnote :

IMPORTANTIncome Tax - Search and Seizure - When the Assessing Officer (AO) for both the searched individual and the other individual is the same, it is adequate for the AO to simply state in the satisfaction note that the documents seized from the searched individual belong to the other individual.A...

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