Caselaw | Supreme Court Judgements of 2020

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SUBHASH SAHEBRAO DESHMUKH vs. SATISH ATMARAM TALEKAR

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 401 SC

CrPC Section 203. Dismissal of complaint
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

CRUCIALReinstatement of dismissed complaint - Accused not given an opportunity to be heard - Reinstatement is not justifiable.Indian Penal Code, 1860, Sections 420, 467, 468, 120B, 114 and 34 - Criminal Procedure Code, 1973, Sections 156(3) and 203 - Reinstatement of complaint - Right of the accused...

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RAJENDRA SINGH vs. NATIONAL INSURANCE COMPANY LTD.

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 402 SC

Headnote :

CRUCIALContributory negligence - the presence of the horse cart in the middle of the road at the time of the accident does not make the deceased liable for contributory negligence.A. Under the Motor Vehicles Act, 1988, Section 166 - In the case of the deaths of a wife and daughter in an accident - C...

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RANA NAHID @ RESHMA @ SANA vs. SAHIDUL HAQ CHISTI

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 403 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 127. Alteration in allowance
CrPC Section 128. Enforcement of order of maintenance
Dissolution of Muslim Marriages Act, 1939
Family Courts Act, 1984
Indian Evidence Act, 1872
Indian Majority Act, 1875
Industrial Disputes Act, 1947
Majority Act, 1875
Muslim Women (Protection of Rights on Divorce) Act, 1986
Muslim Women (Protection of Rights on Marriage) Act, 2019

Shabana Bano Vs. Imran Khan [2009] INSC 1783 (4 December 2009)
Vijay Kumar Prasad Vs. State of Bihar & Ors [2004] Insc 236 (7 April 2004)
Chiranjit Lal Chowdhuri Vs. The Union of India & Ors [1950] INSC 38 (4 December 1950)

Headnote :

CRUCIALMuslim women - Can Family Court consider maintenance petitions under the Muslim Women (Protection of Rights on Divorce) Act? - Divided Verdict - Case referred to a Larger Bench.R. Banumathi, J.A. Family Courts Act, 1984 Section 7 Criminal Procedure Code, 1973 Section 125 Muslim Women (Protect...

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SHAMITA SINGHA vs. RASHMI AHLUWALIA

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 404 SC

Code of Civil Procedure, 1908 (CPC)
Indian Succession Act, 1925

Headnote :

According to Section 270 of the Successions Act, 1925, the suit for partition has been transferred from the Delhi High Court to the Bombay High Court. It was determined that the Probate Court holds primary authority in deciding matters related to the issuance of Letters of Administration or Probate....

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SURENDRA KUMAR BHILAWE vs. NEW INDIA ASSURANCE COMPANY LTD.

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 405 SC

Motor Vehicles Act, 1939
Motor Vehicles Act, 1988
Sale of Goods Act, 1930

Headnote :

IMPORTANTThe certificate of insurance is considered to be transferred to the new owner of the vehicle upon the transfer of the vehicle.IMPORTANTThe owner of the vehicle refers to the individual in whose name the motor vehicle is registered.A. Under the Consumer Protection Act, 1986, and the Motor Ve...

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MUSTAK @ KANIO AHMED SHAIKH vs. STATE OF GUJARAT

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 406 SC

Criminal Procedure Code, 1973
IPC Section 114. Abettor present when offence is committed
IPC Section 307. Attempt to murder

Iqbal and Another Vs. State of Uttar Pradesh [May 6, 2015]

Headnote :

The Indian Penal Code of 1860, specifically Sections 307 and 114, along with Section 25(1)(B)(a) of the Arms Act of 1959, and Section 135(1) of the Bombay Police Act of 1861, as well as Section 157 of the Criminal Procedure Code of 1973, pertain to the crime of Attempted Murder. In this case, the co...

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JINOFER KAWASJI BHUJWALA vs. STATE OF GUJARAT

Judgement Date : 19 Jun 2020

Citation : 2020 Latest Caselaw 407 SC

Arbitration and Conciliation Act, 1996
IPC Section 120B. Punishment of criminal conspiracy
Prevention of Corruption Act, 1988

Headnote :

The Indian Penal Code of 1860, specifically Sections 406, 409, 420, 465, 468, 471, and 120B, along with Section 13(1)(d) of the Prevention of Corruption Act, 1988, addresses issues of criminal breach of trust and misconduct by a public servant in relation to bail. This case involves the construction...

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S. KASI vs. STATE THROUGH THE INSPECTOR OF POLICE TAMIL NADU

Judgement Date : 19 Jun 2020

Citation : 2020 Latest Caselaw 408 SC

Constitution of India
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 57. Person arrested not to be detained more than twenty-four hours
Maharashtra Control of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Unlawful Activities (Prevention) Act, 1967

Headnote :

IMPORTANTThe extension of the limitation period for filing petitions, applications, suits, and appeals during the lockdown does not affect the accused\'s right to be granted bail by default if the charge sheet is not filed within the specified time frame.A. According to Section 167(2) of the Crimina...

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IN RE THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.

Judgement Date : 19 Jun 2020

Citation : 2020 Latest Caselaw 409 SC

Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005

Headnote :

The Disaster Management Act of 2005, Section 35, addresses the COVID-19 pandemic by highlighting the court\'s issuance of a notice aimed at identifying deficiencies, shortcomings, and lapses in patient care related to COVID-19 across various hospitals in the National Capital Territory of Delhi and o...

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LAXMI SINGH vs. REKHA SINGH

Judgement Date : 19 Jun 2020

Citation : 2020 Latest Caselaw 410 SC

Delhi Municipal Corporation Act, 1957

Headnote :

According to Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, and Rule 4 of the Uttar Pradesh (Zila Panchayats) (Voting on Motions of Non-Confidence) Rules 1966, as well as Section 94 of the Representation of People Act, 1951, the principle of secrecy in voti...

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SHAKTI NATH vs. ALPHA TIGER CYPRUS INVESTMENT NO. 3 LTD.

Judgement Date : 23 Jun 2020

Citation : 2020 Latest Caselaw 411 SC

Headnote :

Share Purchase Agreement - Execution of Special Power of Attorney - An agreement to acquire shares of GLT was made between the appellant and the respondents for a total amount of Rs. 99,44,55,000. Of this total amount, Rs. 42,64,55,000 was to be paid directly to NOIDA. The appellant, GIL, agreed to...

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RAJASHTHAN STATE WAREHOUSING CORPORATION vs. STAR AGRIWAREHOUSING AND COLLATERAL MANAGEMENT LIMITED

Judgement Date : 24 Jun 2020

Citation : 2020 Latest Caselaw 412 SC

Constitution of India

Headnote :

CRUCIALUnder Article 136, the Court has the authority to intervene in interim orders if a Division Bench has issued a stay without providing reasons that impact the State\'s revenue.A. According to the Rajasthan Transparency in Public Procurement Rules, 2013, Rule 70(8), and the Civil Procedure Code...

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MOHD. INAM vs. SANJAY KUMAR SINGHAL

Judgement Date : 26 Jun 2020

Citation : 2020 Latest Caselaw 413 SC

Andhra Pradesh Buildings (Lease, Rent And Eviction) Control Act, 1960
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Haryana Urban (Control of Rent and Eviction) Act, 1973
Kerala Buildings (Lease and Rent Control) Act, 1965

Achal Misra Vs. Rama Shanker Singh & Ors [2005] INSC 237 (11 April 2005)
State of Maharashtra Vs. Milind & Ors [2000] INSC 587 (28 November 2000)
Ram Narain Arora Vs. Asha Rani & Ors [1998] INSC 436 (31 August 1998)
Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram [1986] INSC 197 (25 September 1986)
Ganpat Ladha Vs. Sashikant Vishnu Shinde [1978] INSC 45 (21 February 1978)

Headnote :

IMPORTANTEviction - The order that notifies a vacancy is merely a preliminary step in the process of issuing a final order under the Act concerning allotment, and it can be contested when challenging the final order, unless the Act explicitly prohibits such a challenge or establishes the finality of...

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COMMERCIAL TAX OFFICER AND ANR. vs. MOHAN BREWARIES AND DISTRILLERIES LIMITED

Judgement Date : 29 Jun 2020

Citation : 2020 Latest Caselaw 414 SC

Andhra Pradesh General Sales Tax Act, 1957
Central Excise Act, 1944
Central Sales Tax Act, 1956
Constitution of India
Gujarat Sales Tax Act, 1969
Income Tax Act, 1961
Kerala General Sales Tax Act, 1963

Headnote :

IMPORTANTPurchase Tax - The fact that the bottles in question are subject to sales tax when sold as liquor containers does not exempt them from purchase tax liability. The imposition of sales tax at the time of sale does not remove these items from the scope of purchase tax.A. Tamil Nadu General Sal...

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UNITED INDIA INSURANCE CO. LTD. vs. SATINDER KAUR @ SATWINDER KAUR AND ORS.

Judgement Date : 30 Jun 2020

Citation : 2020 Latest Caselaw 415 SC

IPC Section 427. Mischief causing damage to the amount of fifty rupees
Motor Vehicles Act, 1988

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

Headnote :

CRUCIALThe loss of love and affection is included within the concept of loss of consortium; therefore, awarding compensation for love and affection as a separate category is not warranted.A. Motor Vehicles Act, 1988, Section 166 - Guidelines for determining compensation in cases of accidental death...

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ARUNA OSWAL vs. PANKAJ OSWAL

Judgement Date : 06 Jul 2020

Citation : 2020 Latest Caselaw 416 SC

Banking Regulation Act, 1949
Companies (Share Capital and Debentures) Rules, 2014
Companies Act, 2013
Government Savings Certificates Act, 1959
Gwalior
Insurance Act, 1938

Headnote :

CRUCIALThe determination of shareholding inheritance cannot be resolved in proceedings under sections 241/242 of the Companies Act before the NCLT.A. According to Section 72 of the Companies Act, 2013 - Shareholding - Nomination - Every security holder has the right to nominate an individual to whom...

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REEPAK KANSAL vs. SECRETARY GENERAL SUPREME COURT OF INDIA

Judgement Date : 06 Jul 2020

Citation : 2020 Latest Caselaw 417 SC

Constitution of India

Headnote :

CRUCIALLawyers play a vital role in the judicial system; they are officers of the Court and hold a distinct position in society. As members of a noble profession, lawyers are expected to uphold self-respect and embody the intellectual elite of society.A. Under Article 32 of the Constitution of India...

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DAHIBEN vs. ARVINDBHAI KALYANJI BHANUSALI

Judgement Date : 09 Jul 2020

Citation : 2020 Latest Caselaw 418 SC

Limitation Act, 1963
Transfer of Property Act, 1882

Azhar Hussain Vs. Rajiv Gandhi [1986] INSC 93 (25 April 1986)

Headnote :

CRUCIALA sale deed cannot be annulled due to non-payment of the full purchase price - The vendor has alternative legal remedies to recover the outstanding amount.A. According to the Civil Procedure Code, 1908, Order 7, Rule 11 - Rejection of plaint - The remedy of rejecting a plaint is a distinct an...

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SRI MARTHANDA VARMA vs. STATE OF KERALA

Judgement Date : 13 Jul 2020

Citation : 2020 Latest Caselaw 419 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Gwalior
Hindu Succession Act, 1956
Income Tax Act, 1961
Indian Succession Act, 1925
Special Marriage Act, 1954
Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971
Wealth Tax Act, 1957

Raghunathrao Ganpatrao Vs. Union of India [1993] INSC 62 (4 February 1993)
His Holiness Digya Darshan Rajendra Ram Doss Vs. Devendra Doss [1972] INSC 270 (6 November 1972)
The Commissioner, Hindu Religious Endowments, Madras Vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [1954] INSC 46 (16 April 1954)

Headnote :

CRUCIALShebaitship or temple management - Vesting - When an idol is installed, a temple is built, or an endowment is established, the shebaitship is granted to the founder, unless the founder has transferred the shebaitship themselves.A. Under the Travancore Cochin Hindu Religious Institutions Act,...

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DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA vs.AAM AADMI LOKMANCH

Judgement Date : 14 Jul 2020

Citation : 2020 Latest Caselaw 420 SC

Air (Prevention and Control of Pollution) Act, 1981
Biological Diversity Act, 2002
Bombay Metropolitan Region Development Authority Act, 1974
Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 176. Inquiry by Magistrate into cause of death
Environment (Protection) Act, 1986
Forest (Conservation) Act, 1980
Indian Evidence Act, 1872
IPC Section 196. Using evidence known to be false
Karnataka Municipal Corporations Act, 1976
Maharashtra Land Revenue Code, 1966
Maharashtra Regional and Town Planning Act, 1966
Mineral Concession Rules, 1960
Mines and Minerals (Development and Regulation) Act, 1957
Motor Vehicles Act, 1988
National Green Tribunal Act, 2010
National Highways Act, 1956
National Highways Act, 1956
Public Liability Insurance Act, 1991
Water (Prevention and Control of Pollution) Act, 1974
Water (Prevention and Control of Pollution) Cess Act, 1977

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)
M.C. Mehta Vs. Union of India & Ors [2003] INSC 208 (2 April 2003)
Narmada Bachao Andolan Vs. Union of India & Ors [2000] INSC 518 (18 October 2000)
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 :

CRUCIALFatalities due to negligence and illegal mining along the National Highway - The National Green Tribunal has the authority to mandate compensation payments to the NHAI, even if there are no legal representatives or heirs of the deceased involved in the proceedings, or if they have pursued sep...

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ARJUN PANDITRAO KHOTKAR vs. KAILASH KUSHANRAO GORANTYAL

Judgement Date : 14 Jul 2020

Citation : 2020 Latest Caselaw 421 SC

CrPC Section 207. Supply to the accused of copy of police report and other documents
CrPC Section 231. Evidence for prosecution
CrPC Section 91. Summons to produce document or other thing
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Indian Evidence Act, 1872
Limitation Act, 1963
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Shafhi Mohammad Vs. The State of Himachal Pradesh [January 30, 2018]
Shafhi Mohammad Vs. The State of Himachal Pradesh [3rd April, 2018]
Raj Kumar Yadav Vs. Samir Kumar Mahaseth & Ors [2005] INSC 164 (11 March 2005)
Chandra Kishore Jha Vs. Mahavir Prasad & Ors [1999] INSC 360 (21 September 1999)
Chandra Kishore Jha Vs. Mahavir Prasad & Ors [1999] INSC 362 (21 September 1999)

Headnote :

CRUCIALThe requirement for a certificate is a prerequisite for the admissibility of electronic records as evidence; oral testimony cannot substitute for this certificate.If the original document, such as a laptop, tablet, or mobile phone, is presented, the certificate requirement is waived.R.F. Nari...

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RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY vs. STATE OF ANDHRA PRADESH

Judgement Date : 14 Jul 2020

Citation : 2020 Latest Caselaw 422 SC

Headnote :

The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, Section 7 addresses unaided institutions and the determination of fees. For the years 2016-2019, the fee was set at L 86,800 for the first institution and L 59,500 for the second. Subse...

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V. KALYANASWAMY vs. L. BAKTHAVATSALAM

Judgement Date : 17 Jul 2020

Citation : 2020 Latest Caselaw 423 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Hindu Succession Act, 1956
Indian Evidence Act, 1872
Indian Succession Act, 1925
Transfer of Property Act, 1882

Sharad Subramanyan Vs. Soumi Mazumdar & Ors [2006] Insc 256 (28 April 2006)
Sadhu Singh Vs. Gurdwara Sahib Narike & Ors [2006] Insc 574 (8 September 2006)
Janki Narayan Bhoir Vs. Narayan Namdeo Kadam [2002] INSC 551 (17 December 2002)

Headnote :

CRUCIALExecution of a will - Evidence - The status of a legatee under a legally required attested document is not solely dependent on the attesting witness\'s discretion - The law permits the document\'s proof to be established even if the attesting witness denies its execution.A. Civil Procedure Co...

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M/S ULTRATECH CEMENT LTD. vs. STATE OF RAJASTHAN

Judgement Date : 17 Jul 2020

Citation : 2020 Latest Caselaw 424 SC

Central Excise Rules, 2002
Central Sales Tax Act, 1956
Income Tax Act, 1961
Rajasthan Civil Services (Pension) Rules, 1996
Rajasthan Sales Tax Act, 1994
Rajasthan Value Added Tax Act, 2003
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

A. Under Section 33 of the Rajasthan Value Added Tax Act, 2003, and Clause 13 of the Rajasthan Investment Promotion Scheme-2003, regarding Capital Investment Subsidy, the company asserted its entitlement to a 75% subsidy. However, the Board of Infrastructure Development and Investment Institution (B...

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PYARE LAL vs. STATE OF HARYANA

Judgement Date : 17 Jul 2020

Citation : 2020 Latest Caselaw 425 SC

Constitution of India
Criminal Law Amendment Act, 1961
Criminal Procedure Code, 1973
CrPC Section 433A. Restriction on powers of remission or commutation in certain cases
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
Negotiable Instruments Act, 1881
Official Secrets Act, 1923
Passports Act, 1967

Satpal Vs. State of Haryana [May 01, 2018]
Swaran Singh Vs. State of U.P. & Ors [1998] INSC 148 (5 March 1998)

Headnote :

NOTICEPremature Release - The Governor\'s authority under Article 161 - All relevant information, including the severity of the crime and the manner in which it was committed, must be considered.According to Section 433A of the Criminal Procedure Code, 1973, and Section 302 of the Indian Penal Code,...

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SHIV RAJ GUPTA vs. COMMISSIONER OF INCOME-TAX, DELHI IV

Judgement Date : 22 Jul 2020

Citation : 2020 Latest Caselaw 426 SC

Code of Civil Procedure, 1908 (CPC)
Income Tax Act, 1961

Kshitish Chandra Purkait Vs. Santosh Kumar Purkait & Ors [1997] INSC 518 (7 May 1997)

Headnote :

CRUCIALThe appeal process under the Income Tax Act is structured similarly to the provision found in section 100 of the CPC - The High Court is limited to addressing only the substantial questions of law that it has formulated.A. Income Tax Act, 1961, Section 260A - Appeal - Substantial Question of...

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DIRECTOR OF INCOME TAX -II NEW DELHI vs. M/S SAMSUNG HEAVY INDUSTRIES CO. LTD

Judgement Date : 22 Jul 2020

Citation : 2020 Latest Caselaw 427 SC

Headnote :

CRUCIALThe profits of a foreign enterprise are subject to taxation only if the enterprise conducts its primary business through a permanent establishment in India.A. Income Tax Act, 1961, Section 90 - Foreign enterprises - Tax obligations - Double Taxation Avoidance Agreement between India and Korea...

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SUNIL RATHEE vs. STATE OF HARYANA

Judgement Date : 23 Jul 2020

Citation : 2020 Latest Caselaw 428 SC

Constitution of India

Headnote :

IMPORTANTA notification granting 10% vertical reservation for economically backward individuals in the general category is being challenged in the High Court. A similar petition is also pending in the Supreme Court, and the case has been transferred to the Supreme Court.According to Article 139A of...

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R. PALANISAMY vs. REGISTRAR GENERAL HIGH COURT OF MADRAS

Judgement Date : 24 Jul 2020

Citation : 2020 Latest Caselaw 429 SC

Headnote :

IMPORTANTPromotion - Following the implementation of the Shetty Commission and State Pay Commission recommendations, individuals cannot claim a right to promotion to the position of Junior Bailiff without meeting the required qualifications. The Government\'s failure to amend the Statutory Rules doe...

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SHAILENDRA SWARUP vs. DEPUTY DIRECTOR,ENFORCEMENT DIRECTORATE

Judgement Date : 27 Jul 2020

Citation : 2020 Latest Caselaw 430 SC

Negotiable Instruments Act, 1881
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts
NI Act, Section 141. Offences by companies
NI Act, Section 142. Cognizance of offences

Headnote :

CRUCIALThe Enforcement Directorate\'s imposition of a penalty requires the company\'s response to the show cause notice to be duly considered as mandated by law. The reply cannot be dismissed or disregarded based on the incorrect assumption that it was an afterthought.Company Offense - Liability is...

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ERUDHAYA PRIYA vs. STATE EXPRESS TRANSPORT CORPORATION LTD

Judgement Date : 27 Jul 2020

Citation : 2020 Latest Caselaw 431 SC

Motor Vehicles Act, 1988

Headnote :

CRUCIALMotor vehicle accident - When calculating compensation for permanent disability, future earning potential must be taken into account.According to the Motor Vehicles Act, 1988, Section 166, and the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989, Rule 3(1) - Permanent disability...

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PARMINDER KAUR @ P.P.KAUR @ SONI vs. STATE OF PUNJAB

Judgement Date : 28 Jul 2020

Citation : 2020 Latest Caselaw 432 SC

Indian Penal Code, 1860 (IPC)
IPC Section 506. Punishment for criminal intimidation

Takhaji Hiraji Vs. Thakore Kubersing Chamansing & Ors [2001] INSC 264 (2 May 2001)

Headnote :

CRUCIALAny alternative account or interpretation presented by the accused during the examination under Section 313 of the Cr.P.C., 1973 must be thoroughly examined and taken into account by the trial Court. This opportunity is a significant right of the accused to pursue justice and defend themselve...

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SHREE CHOUDHARY TRANSPORT COMPANY vs. INCOME TAX OFFICER

Judgement Date : 29 Jul 2020

Citation : 2020 Latest Caselaw 433 SC

Finance Act, 2008
Income Tax Act, 1961
Societies Registration Act, 1860
University Grants Commission Act, 1956

Headnote :

CRUCIALIncome Tax - Tax Deduction at Source - It is mandatory to deduct tax from payments made. Failure to comply with this legal requirement will result in consequences as outlined in the Act.A. Income Tax Act, 1961, Sections 40(a)(ia) and 194C - Tax Deductible at Source - Payments to Sub-Contracto...

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UNION OF INDIA vs. LT. COL. S.S.BEDI

Judgement Date : 29 Jul 2020

Citation : 2020 Latest Caselaw 434 SC

Army Act, 1950
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe appellant, who is commissioned in the Indian Army Medical Corps, has been accused by two women of misconduct during their physical examinations. The complaints clearly indicate that the appellant behaved inappropriately with them.According to Section 354 of the Indian Penal Code, 1860,...

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DR. ASWATHY R.S.KARTHIKA vs. DR. ARCHANA M.

Judgement Date : 29 Jul 2020

Citation : 2020 Latest Caselaw 435 SC

Headnote :

According to Rule 15 of the Kerala State and Subordinate Service Rules, 1958, there is a 1% reservation for the Hindu Nadar Community for the position of Medical Officer. The Commission issued a notification inviting applications for the Medical Officer (Homeo) position. The appellants requested the...

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PREM CHAND vs. STATE OF HARYANA

Judgement Date : 30 Jul 2020

Citation : 2020 Latest Caselaw 436 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

CRUCIALFood Adulteration - The Public Analyst did not indicate that the sample was either \"infested with insects\" or \"unsuitable for human consumption\" - The High Court\'s conviction of the accused has been overturned.Prevention of Food Adulteration Act, 1954, Sections 2(1a)(f) and 16(1A) - Food...

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RAVINDER KAUR GREWAL vs. MANJIT KAUR

Judgement Date : 31 Jul 2020

Citation : 2020 Latest Caselaw 437 SC

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

Bhoop Singh Vs. Ram Singh Major & Ors [1995] INSC 483 (11 September 1995)

Headnote :

CRUCIALFamily Settlement - A memorandum of family settlement does not need to be registered.Family Settlement - The arrangements outlined in the memorandum of family settlement are binding on all family members, and no member can withdraw from the agreed terms.According to Section 17(2) of the Regis...

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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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