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STATE OF UTTAR PRADESH vs. SUDHIR KUMAR SINGH

Judgement Date : 16 Oct 2020

Citation : 2020 Latest Caselaw 566 SC

Constitution of India

Union of India and ANR. Vs. Raghuwar Pal Singh [March 13, 2018]
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)
P.D. Agrawal Vs. State Bank of India & Ors [2006] Insc 252 (28 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)
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)
Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)
Nawabkhan Abbaskhan Vs. The State of Gujarat [1974] INSC 36 (19 February 1974)

Headnote :

CRUCIALThe opportunity for a hearing - Natural justice serves as a flexible instrument for the judiciary to address injustices in appropriate cases.CRUCIALA violation of natural justice alone does not render orders invalid - There must be a demonstration of prejudice to the litigant.A. Constitution...
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NAVIN CHANDRA DHOUNDIYAL vs. STATE OF UTTARAKHAND

Judgement Date : 16 Oct 2020

Citation : 2020 Latest Caselaw 567 SC

Headnote :

Kumaun University Statute, Statute 16.24(2) - Superannuation of teachers - Reappointment - The High Court, in its contested ruling, dismissed the appellants\' petition, stating that Statute No. 16.24 (2) explicitly prohibits the extension of service beyond the age of superannuation. The interpretati...
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UMESH KUMAR SHARMA vs. STATE OF UTTARAKHAND

Judgement Date : 16 Oct 2020

Citation : 2020 Latest Caselaw 568 SC

CrPC Section 406. Power of Supreme Court to transfer cases and appeals

R. Balakrishna Pillai Vs. State of Kerala [2000] INSC 457 (30 August 2000)

Headnote :

CRUCIALTransfer of criminal cases - A request for transfer may only be considered when fair justice is at risk, and the court must be fully convinced that an impartial trial cannot occur.A. Criminal Procedure Code, 1973, Section 406 - Transfer of criminal cases - The petitioner requested the transfe...
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SATISH CHANDER AHUJA vs. SNEHA AHUJA

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 561 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 126. Procedure
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 82. Proclamation for person absconding
Hindu Adoptions and Maintenance Act, 1956
Hindu Marriage Act, 1955
Indian Evidence Act, 1872
Industrial Disputes Act, 1947
IPC Section 114. Abettor present when offence is committed
IPC Section 193. Punishment for false evidence
IPC Section 34. Acts done by several persons in furtherance of common intention
Protection of Women From Domestic Violence Act, 2005
Protection of Women from Domestic Violence Rules, 2006
Provincial Small Cause Courts Act, 1887
Provincial Small Cause Courts Act, 1887
Section 12. DV Act, Application of Magistrate
Section 19. DV Act, Residence orders
Section 23. DV Act, Power to grant interim and ex parte orders
Section 26. DV Act, Relief in other suits and legal proceedings
Section 28. DV Act, Procedure
Section 36. DV Act, Act not in derogation of any other law

S.M. Asif Vs. Virender Kumar Bajaj [August 12, 2015]
Seth Ramdayal Jat Vs. Laxmi Prasad [2009] INSC 757 (15 April 2009)
P. Kasilingam Vs. P.S.G. College of Technology [1981] INSC 6 (8 January 1981)

Headnote :

CRUCIALDomestic Violence Act - Shared Household - Definition - A shared household does not refer to the household of a joint family of which the husband is a member or in which the husband of the aggrieved person has a share.CRUCIALThe residence of a woman in a household must indicate a degree of pe...
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STATE OF MADHYA PRADESH vs. BHERULAL

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 562 SC

Headnote :

IMPORTANTLimitation - The Supreme Court of India is not a venue for Governments to approach at their convenience while disregarding the established limitation period.According to Article 136 of the Constitution of India, 1950 - Special Leave Petition - A delay of 663 days in filing the SLP was noted...
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SARAVANAN vs. STATE REP. BY THE INSPECTOR OF POLICE

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 563 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 437. When bail may be taken in case of non-bailable offence
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

NOTICEDefault Bail - Conditions Imposed - It is not permissible to impose any conditions regarding the deposit of an alleged amount when granting default bail.According to Section 167 of the Criminal Procedure Code, 1973, the criteria for default bail is that the accused must have been in custody fo...
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STATE OF U.P. vs. GAYATRI PRASAD PRAJAPATI

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 564 SC

Headnote :

The Criminal Procedure Code of 1973, Section 437, along with Sections 376D, 504, 506, and 511 of the Indian Penal Code of 1860, and Sections 3 and 4 of the Protection of Children from Sexual Offences Act of 2012, pertains to interim bail. The High Court had granted interim bail to the applicant-resp...
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RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LTD. vs. PIYUSH KANT SHARMA

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 565 SC

Headnote :

The Constitution of India, 1950, Article 16 - Regularization in service - The respondent was engaged as a Computer Operator on a contractual basis and requested to be granted a regular pay scale and to have his services regularized, claiming he had been working for the past three years. However, the...
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HOSPITALITY ASSOCIATION OF MUDUMALAI vs. DEFENCE OF ENVIRONMENT AND ANIMALS

Judgement Date : 14 Oct 2020

Citation : 2020 Latest Caselaw 559 SC

Constitution of India
Indian Forest Act, 1927
Indian Forest Act, 1927
Ministry of Environment, Forest and Climate Change
Tamil Nadu Preservation of Private Forests Act, 1949
Tamil Nadu Societies Registration Act, 1975

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)
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 :

CRUCIALElephant Corridor - Legal action is necessary as wildlife corridors face threats from various social, economic, and human-induced factors - The State Government\'s acceptance of the High Court\'s recommendations to appoint an Expert Committee is without fault.A. Under Section 3 of the Tamil N...
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GANESAN vs. STATE REP. BY ITS INSPECTOR OF POLICE

Judgement Date : 14 Oct 2020

Citation : 2020 Latest Caselaw 560 SC

Vinod Kumar Vs. Gangadhar [October 13, 2014]
Wahid Khan Vs. State of M.P. [2009] INSC 1766 (1 December 2009)

Headnote :

CRUCIALUnder the POCSO Act, a conviction can be secured based solely on the victim\'s testimony if it is deemed credible and trustworthy.According to the Protection of Children from Sexual Offences Act, 2012, Section 7 in conjunction with Section 8 regarding sexual assault - the appellant-accused ha...
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SRI MUNIRAJU GOWDA P. M. vs. SRI MUNIRATHNA

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 553 SC

Headnote :

CRUCIALElection Petition - If neither the original nor the amended election petition includes any allegations of material facts that would allow the Court to determine, under Section 101, that the petitioner is duly elected, the High Court has no choice but to dismiss such a request.A. Representatio...
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CHOWGULE AND COMPANY PRIVATE LIMITED vs. GOA FOUNDATION

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 554 SC

Headnote :

A. Under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 12(1)(gg) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, the maintainability of the intervening application is in question. The applicants in the M.A. did not...
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ANIL BHARDWAJ vs. HONBLE HIGH COURT OF MADHYA PRADESH

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 555 SC

IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 406. Punishment for criminal breach of trust

Mohammed Imran Vs. State of Maharashtra and Others [October 12, 2018]

Headnote :

NOTICEAppointment as District Judge - The appellant has been deemed ineligible due to an ongoing criminal case against him under Sections 498A and 406 of the IPC, based on a complaint from his wife. Being included in the select list does not guarantee an unassailable right to the candidate.According...
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SUGANDHI (DEAD) vs. P. RAJKUMAR

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 556 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A. Under the Civil Procedure Code of 1908, Order 8, Rule 1A (3), regarding the production of documents, the defendant requested permission from the court to submit a document that should have been included with the written statement. The court has the discretion to grant such permission, but it must...
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HANUMAPPA (SINCE DECEASED) BY HIS LRS vs. STATE OF KARNATAKA

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 557 SC

Karnataka Land Reforms Act, 1961

Headnote :

The Karnataka Land Reform Act of 1961, Section 61, and Article 136 of the Constitution of India, 1950, address the issue of status quo and its vacation. The petitioner asserted that he was a tenant cultivating the property on the designated date, which was subsequently sold to the respondent by the...
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RAGHUNATH vs. RADHA MOHAN (D) THR. LRS.

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 558 SC

Constitution of India
Limitation Act, 1963

Indira Bai Vs. Nand Kishore [1990] INSC 270 (5 September 1990)

Headnote :

CRUCIALPre-emption right - The right of pre-emption is a limited right that can be overridden by any legitimate means, including the assertion of a superior or equal right.CRUCIALThe right of pre-emption is not a recurring right - Once an individual has relinquished their right, the loss of that rig...
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BIKRAMJIT SINGH vs. STATE OF PUNJAB

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 549 SC

Arms Act, 1959
Constitution of India
Criminal Procedure Code, 1973
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 209. Commitment of case to Court of Session when offence is triable exclusively by it
Explosive Substances Act, 1908
IPC Section 34. Acts done by several persons in furtherance of common intention
National Investigation Agency Act, 2008
Unlawful Activities (Prevention) Act, 1967

Rakesh Kumar Paul Vs. State of Assam [August 16, 2017]
Uday Mohanlal Acharya Vs. State of Maharashtra [2001] INSC 183 (29 March 2001)
Hitendra Vishnu Thakur Vs. State of Maharashtra [1994] INSC 358 (12 July 1994)
A.K. Gopalan Vs. The Government of India [1965] INSC 228 (27 October 1965)

Headnote :

IMPORTANTSpecial Act - Authority to extend investigation time - Under the Unlawful Activities (Prevention) Act, a Magistrate lacks the authority to extend the time as per the first proviso in Section 43D(2)(b) of the Act.IMPORTANTDefault bail - A subsequent application for default bail does not nega...
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FERRODOUS ESTATES (PVT) LTD. vs. P.GOPIRATHNAM (DEAD) AND ORS.

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 550 SC

Section 23. What consideration and objects are lawful, and what not
Specific Relief Act, 1963
Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978

HPA International Vs. Bhagwandas Fateh Chand Daswani & Ors [2004] Insc 402 (13 July 2004)

Headnote :

CRUCIALA mere delay, on its own, cannot be the only reason to deny specific performance.A. Under Section 20 of the Specific Relief Act, 1963 - In a suit for specific performance, the agreement to sell includes a specific clause requiring the vendor to secure permission from the appropriate authority...
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ANAND YADAV vs. STATE OF UTTAR PRADESH

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 551 SC

University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018
University Grants Commission Act, 1956

Headnote :

CRUCIALAppointment - Expert Opinions - Educational matters should be entrusted to education professionals, while still adhering to applicable laws and regulations.A. University Grants Commission Act, 1956, Section 22 - Appointment as Assistant Professor - Master\'s degrees are considered equivalent...
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AMAR SINGH vs. STATE (NCT OF DELHI)

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 552 SC

IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, concerning murder, the reliability of eyewitness testimony is in question. The deceased was allegedly killed by the accused appellants, and the prosecution presented three eyewitnesses, two of whom were the deceased\'s brothers. However, both the...
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ASHISH SETH vs. SUMIT MITTAL

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 545 SC

Haryana Development and Regulation of Urban Areas Act, 1975

Headnote :

The Contempt of Courts Act, 1971, Section 2(c) addresses noncompliance with court orders. In this case, both the petitioner and the contemnor entered into a Memorandum of Settlement (MOS), which was incorporated into the court\'s order that resolved the Writ Petition (Criminal). The contemnor failed...
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BRANCH MANAGER vs. BRANCH MANAGER

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 546 SC

Headnote :

CRUCIALMedical Policy - The applicant did not disclose a history of vomiting blood that occurred just a month before the insurance policy was issued and subsequent hospitalization. The insured was suffering from a pre-existing condition.A. National Insurance Act, 1938, Section 45 - Consumer Protecti...
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NILAY GUPTA vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 547 SC

Mahatma Gandhi University of Medical Sciences and Technology, Jaipur Act, 2011
Rajasthan University of Health Sciences Act, 2005
Rights of Persons with Disabilities Act, 2016

Tma Pai Foundation Vs. State of Karnataka [1993] INSC 478 (4 November 1993)
Tma Pai Foundation Vs. State of Karnataka [1993] INSC 531 (17 December 1993)

Headnote :

IMPORTANTPrivate medical colleges are not obligated to set aside a specific quota for NRI candidates; therefore, no student has the right to claim admission under the NRI quota.According to the Medical Council of India Act, 1956, Section 10D, and the Rajasthan University of Health Sciences Act, 2005...
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KARULAL vs. STATE OF MADHYA PRADESH HOME DEPARTMENT STATION OFFICER

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 548 SC

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 506. Punishment for criminal intimidation

Khurshid Ahmed Vs. State of Jammu and Kashmir [MAY 15, 2018]
State of Uttar Pradesh Vs. Samman Dass [1972] INSC 10 (11 January 1972)

Headnote :

IMPORTANTThe testimony of a related witness, if deemed credible, can serve as a foundation for conviction - Being related to the deceased does not automatically imply that they will wrongfully accuse innocent individuals.IMPORTANTWitness - If witnesses are generally reliable, previous animosity alon...
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ANKITA KAILASH KHANDELWAL vs. STATE OF MAHARASHTRA

Judgement Date : 08 Oct 2020

Citation : 2020 Latest Caselaw 543 SC

Constitution of India
CrPC Section 164. Recording of confessions and statements
CrPC Section 174. Police to enquire and report on suicide, etc
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention
Maharashtra Medical Council Act, 1965
Maharashtra Prohibition of Ragging Act, 1999
Medical Council of India (Prevention and Prohibition of Ragging in Medical Colleges/Institutions) Regulations, 2009

Headnote :

NOTICERagging - The accused allegedly encouraged the deceased to take her own life - The accused are female doctors - They are permitted to continue their studies as long as it does not interfere with the prosecution.Criminal Procedure Code, 1973, Section 174 - Indian Penal Code, 1860, Sections 306...
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MISS 'A' vs. STATE OF UTTAR PRADESH

Judgement Date : 08 Oct 2020

Citation : 2020 Latest Caselaw 544 SC

Criminal Procedure Code, 1973
CrPC Section 161. Examination of witnesses by police
CrPC Section 164. Recording of confessions and statements
CrPC Section 173. Report of police officer on completion of investigation
IPC Section 364. Kidnapping or abducting in order to murder
IPC Section 376. Punishment for rape
IPC Section 506. Punishment for criminal intimidation

Headnote :

IMPORTANTProvision of documents to the accused - Under no circumstances should copies of statements recorded under Section 164 of the Code be provided until the Court issues appropriate orders after taking cognizance of the matter.Criminal Procedure Code, 1973, Sections 164, 207, and 208 - Provision...
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COMMISSIONER OF POLICE vs. UMESH KUMAR

Judgement Date : 07 Oct 2020

Citation : 2020 Latest Caselaw 540 SC

Shankarsan Dash Vs. Union of India [1991] INSC 121 (30 April 1991)

Headnote :

CRUCIALAppointment - The mere presence of a candidate\'s name on the selection list does not grant that candidate any inherent right to receive an appointment order.According to the Delhi Police (Appointment and Recruitment) Rules, 1980, specifically Rules 24 and 25 - Regarding appointment directive...
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AMIT SAHNI vs. COMMISSIONER OF POLICE

Judgement Date : 07 Oct 2020

Citation : 2020 Latest Caselaw 541 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Citizenship (Amendment) Act, 2019
Constitution of India

Headnote :

NOTICEProtests - Demonstrations aimed at expressing dissent must occur only in designated areas. Blocking public pathways, whether at the specific site of the protest or elsewhere, is not permitted.According to Article 19(1)(b) of the Constitution of India, 1950 - The Saheenbagh demonstration involv...
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SATYA DEO @ BHOOREY vs. STATE OF UTTAR PRADESH

Judgement Date : 07 Oct 2020

Citation : 2020 Latest Caselaw 542 SC

Indian Penal Code, 1860 (IPC)
Juvenile Justice (Care and Protection of Children) Rules, 2007

Hari Ram & Ors Vs. State of Rajasthan [2000] INSC 308 (9 May 2000)

Headnote :

IMPORTANTThe appellant was not considered a juvenile under the 1986 Act at the time the offense was committed. However, they cannot be denied the benefits of being treated as a juvenile following the enactment of the 2000 Act, even if the offense occurred before the 2000 Act came into effect.A. Acco...
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T.K. DAVID vs. KURUPPAMPADY SERVICE CO OPERATIVE BANK LTD.

Judgement Date : 05 Oct 2020

Citation : 2020 Latest Caselaw 539 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Constitution of India, 1950, Article 136, along with the Civil Procedure Code, 1908, Order 47, Rule 7, pertains to the rejection of a review petition. In this case, a Special Leave Petition (SLP) was filed against the main order of a writ petition, which was dismissed by the Supreme Court. Subse...
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GURCHARAN SINGH vs. STATE OF PUNJAB

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 533 SC

Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 306. Abetment of suicide
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Mangat Ram Vs. State of Haryana [March 27, 2014]
Mangat Ram Vs. State of Haryana [2008] INSC 93 (25 January 2008)

Headnote :

CRUCIALMens Rea - It is essential to have documented evidence indicating that the accused possessed a guilty mind; the element of mens rea cannot be presumed to be evidently present.A. Under the Indian Penal Code, 1860, Sections 107, 306, 304B, and 498A regarding Suicide - Instigation - The accused...
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PRAVASI LEGAL CELL vs. UNION OF INDIA

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 534 SC

Aircraft Act, 1934
Aircraft Rules, 1937
Constitution of India
Societies Registration Act, 1860

Headnote :

NOTICEFor air tickets purchased during the lockdown period, please adhere to DGCA recommendations regarding refunds, which will be directed to travel agents for tickets booked through them.According to Article 32 of the Constitution of India, 1950, and Rule 133A of the Aircraft Rules, 1937, refunds...
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GUJARAT MAZDOOR SABHA vs. STATE OF GUJARAT

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 535 SC

Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005
Factories Act, 1948
Government of India Act, 1935
Minimum Wages Act, 1948
Minimum Wages Act, 1948
Trade Unions Act, 1926

Headnote :

CRUCIALPublic Emergency - Emergency powers may only be invoked if the level of economic hardship is so severe that it disrupts public order and poses a threat to the security of India or any part of its territory.A. Factories Act, 1948, Section 5 - Authority to issue exemption notifications - Emerge...
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M/S ARUN KUMAR KAMAL KUMAR vs. M/S SELECTED MARBLE HOME

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 536 SC

Section 108. TPA, Rights and liabilities of lessor and lessee.

Headnote :

The Arbitration and Conciliation Act of 1940, Section 20 - The appellants, who operate restaurants and manufacture and sell sweets and other food products, entered into two licensing agreements with the respondents. According to these agreements, the appellants were to manage and run a restaurant an...
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PARVEZ NOORDIN LOKHANDWALLA vs. STATE OF MAHARASHTRA

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 537 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine

Ram Singh Vs. State of Uttar Pradesh [1961] INSC 358 (19 December 1961)

Headnote :

CRUCIALAn Indian citizen with an Indian passport who has an FIR filed against him should not be automatically barred from traveling to the US, where he has been a resident since 1985. This is especially pertinent given that not allowing him to travel could lead to severe repercussions, such as the i...
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M/S MAGMA FINCORP LTD. vs. RAJESH KUMAR TIWARI

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 538 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Lalmuni Devi Vs. State of Bihar & Ors [2000] INSC 672 (15 December 2000)
Lalmuni Devi Vs. State of Bihar & Ors [2000] INSC 676 (15 December 2000)
Jagdish Chandra Nijhawan Vs. S.K. Saraf [1998] INSC 567 (27 November 1998)
Jagdish Chandra Nijhawan Vs. S.K. Saraf [1998] INSC 571 (27 November 1998)

Headnote :

IMPORTANTHire Purchase - When the agreement between the Financier and the hirer allows the Financier to reclaim the vehicle financed, there are no legal barriers preventing the Financier from taking possession of the vehicle. Therefore, if the Financier takes possession of the vehicle, it cannot be...
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NEETU YADAV vs. SACHIN YADAV

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 529 SC

Headnote :

The Hindu Marriage Act of 1955, Section 13, and the Civil Procedure Code of 1908, Section 25, pertain to the transfer of a divorce petition. In this case, the wife has requested the transfer of the divorce petition filed by her husband from the Principal Judge of the Family Court in South West, Dwar...
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SATISH @ SABBE vs. STATE OF UTTAR PRADESH

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 530 SC

Arms Act, 1959
Constitution of India
CrPC Section 432. Power to suspend or remit sentences
Indian Penal Code, 1860 (IPC)

Headnote :

CRUCIALPremature release - Duration of sentence or severity of initial crime - Cannot be the only reason for denying premature release.A. UP Prisoners Release on Probation Act, 1938, Section 2 - First-time offenders - Premature release - Society has the right to live peacefully and without fear, fre...
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SUBED ALI vs. STATE OF ASSAM

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 531 SC

IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 341. Punishment for wrongful restraint.

Headnote :

CRUCIALCommon intention - This is a matter of inference derived from the facts and circumstances of the case, based on a comprehensive evaluation of the evidence against the participants.A. Indian Penal Code, 1860, Sections 302 and 34 - Murder conviction - Viability - The two victims were attacked w...
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KAUSHIK CHATERJEE vs. STATE OF HARYANA

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 532 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 494. Marrying again during lifetime of husband or wife
IPC Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Headnote :

NOTICETransfer - Criminal cases cannot be transferred on the basis of lack of territorial jurisdiction prior to the presentation of evidence.A. Criminal Procedure Code, 1973, Section 406 - Indian Penal Code, 1860, Sections 406, 408, 420, 120B - Criminal proceedings - Request for transfer of three cr...
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STATE OF MADHYA PRADESH vs. AMIT SHRIVAS

Judgement Date : 29 Sep 2020

Citation : 2020 Latest Caselaw 528 SC

Constitution of India
Gwalior

Headnote :

CRUCIALCompassionate appointment - There is no automatic entitlement to compassionate appointment; it is granted based on specific criteria, particularly to assist families in need.A. Constitution of India, 1950, Article 14 - Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules...
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MAHESHWAR TIGGA vs. STATE OF JHARKHAND

Judgement Date : 28 Sep 2020

Citation : 2020 Latest Caselaw 527 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 341. Punishment for wrongful restraint.
IPC Section 375. Rape
IPC Section 376. Punishment for rape
IPC Section 90. Consent known to be given under fear or misconception

Headnote :

CRUCIALRape - The misunderstanding regarding a promise to marry must occur close in time to the event and cannot extend over a lengthy duration.A. Under the Indian Penal Code, 1860, Sections 376, 323, and 341, the sustainability of a rape conviction is questioned when the prosecutrix claims the appe...
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Dr. JITENDRA GUPTA vs. Dr. C. CHANDRAMOULI IAS

Judgement Date : 25 Sep 2020

Citation : 2020 Latest Caselaw 525 SC

Headnote :

A. IAS (Cadre) Rules, 1954, Rules 5(2) and 6 - Contempt of Courts Act, 1971 Section 2(b) Cadre Transfer - Contempt - The appellant, an IAS officer, sought a directive for his transfer from the Bihar Cadre to the Haryana Cadre. The Central Administrative Tribunal, after nullifying the Central Governm...
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ANWAR ALI vs. STATE OF HIMACHAL PRADESH

Judgement Date : 25 Sep 2020

Citation : 2020 Latest Caselaw 526 SC

CrPC Section 100. Persons in charge of closed place to allow search
CrPC Section 417. Power to appoint place of imprisonment
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 392. Punishment for robbery
IPC Section 420. Cheating and dishonestly inducing delivery of property

Chandrappa & Ors Vs. State of Karnataka [2007] Insc 142 (15 February 2007)
Balbir Singh Vs. State of Punjab [2005] INSC 152 (3 March 2005)
Gaya Din & Ors Vs. Hanuman Prasad & Ors [2000] INSC 585 (27 November 2000)
Balbir Singh Vs. State of Punjab [1999] INSC 285 (19 August 1999)
Sambasivan & Ors Vs. State of Kerala [1998] INSC 291 (8 May 1998)
Kuldeep Singh Vs. The Commissioner of Police & Ors [1998] INSC 618 (17 December 1998)
Kuldeep Singh Vs. The Commissioner of Police & Ors [1998] INSC 622 (17 December 1998)
Ramesh Babulal Doshi Vs. The State of Gujarat [1996] INSC 653 (2 May 1996)
Balbir Singh Vs. The State of Punjab [1995] INSC 395 (16 August 1995)
Balbir Singh Vs. State of Punjab [1994] INSC 95 (8 February 1994)
Suresh Chandra Bahri Vs. State of Bihar [1994] INSC 366 (13 July 1994)
Balbir Singh Vs. State of Punjab [1994] INSC 575 (10 November 1994)
Balak Ram Vs. The State of U.P [1974] INSC 145 (16 August 1974)
Pratap Vs. State of U.P [1972]312 (22 December 1972)

Headnote :

CRUCIALMotive - While the lack of motive cannot be a basis for dismissing the prosecution\'s case, the absence of motive in a case reliant on circumstantial evidence is a consideration that favors the accused.A. Indian Penal Code, 1860, Sections 302 in conjunction with Section 34 - Murder - Viabilit...
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UNION OF INDIA vs. M/S G.S. CHATHA RICE MILLS

Judgement Date : 23 Sep 2020

Citation : 2020 Latest Caselaw 523 SC

Constitution of India
Customs Act, 1962
Customs Brokers Licensing Regulations, 2013
Customs Tariff Act, 1975
Finance Act, 2018
General Clauses Act, 1897
Government of India Act, 1935
Indian Evidence Act, 1872
Information Technology (Electronic Service Delivery) Rules, 2011
Limitation Act, 1963
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Reserve Bank of India Act, 1934
Transfer of Property Act, 1882

Harla Vs. The State Of Rajasthan [1951] INSC 41 (24 September 1951)

Headnote :

CRUCIALThe improvement in the process of uploading Custom Duty notifications in the e-Gazette is of great importance.CRUCIALCustom Duty Enhancement - An increase in the duty rate, as authorized by Section 8A of the Customs Tariff Act, can only take effect prospectively.A. Under the Customs Tariff Ac...
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BELI RAM vs. RAJINDER KUMAR

Judgement Date : 23 Sep 2020

Citation : 2020 Latest Caselaw 524 SC

Motor Vehicles Act, 1988

National Insurance Co. Ltd. Vs. Swaran Singh & Ors [2004] Insc 12 (5 January 2004)

Headnote :

Under the Workmen\'s Compensation Act of 1923, specifically Sections 3 and 4, the owner of a vehicle is liable for compensation. An employer must initially verify the driver\'s license, but they cannot simply disregard their responsibility to ensure that the driver has renewed their license. In this...
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STATE OF KERALA vs. M/S RDS PROJECT LIMITED

Judgement Date : 22 Sep 2020

Citation : 2020 Latest Caselaw 521 SC

Headnote :

The Constitution of India, 1950, Article 14 - Report from an expert body: A flyover built by the Respondent was in use for a year when the Consultancy Agency for the Ministry of Road Transport and Highways, Government of India, conducted a routine inspection and found the bridge to be in a distresse...
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NATIONAL ALLIANCE FOR PEOPLES MOVEMENTS vs. STATE OF MAHARASHTRA

Judgement Date : 22 Sep 2020

Citation : 2020 Latest Caselaw 522 SC

Headnote :

IMPORTANTClassification of undertrial and convicted prisoners for temporary release by the Maharashtra High Powered Committee in light of the Covid-19 situation.In the context of the Covid-19 situation, the classification of undertrial and convicted prisoners for temporary release by the High Powere...
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RAKESH KUMAR AGARWALLA vs. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU

Judgement Date : 21 Sep 2020

Citation : 2020 Latest Caselaw 520 SC

Constitution of India
Electricity Act, 2003
Karnataka Societies Registration Act, 1960
National Electricity Policy
Reserve Bank of India Act, 1934

Headnote :

CRUCIALAdmission to the Law Course - The separate admission notice issued by the National Law School of India University, in the event of a delay in CLAT 2020, is not valid.A. Constitution of India, 1950, Article 32 - National Law School of India Act, 1986, Section 13 - Admission to the National Law...
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SAGUFA AHMED vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD

Judgement Date : 18 Sep 2020

Citation : 2020 Latest Caselaw 518 SC

Companies Act, 2013
Constitution of India
General Clauses Act, 1897
Limitation Act, 1963
National Company Law Tribunal Rules, 2016

Headnote :

NOTICESupreme Court ruling on the extension of limitation period - The order does not extend the timeframe for which delays can be excused under statutory discretion.Companies Act, 2013, Section 421(3) - General Clauses Act, 1897 Section 10 - Applications for condonation of delay and appeals deemed...
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