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RAJ PAL SINGH vs. COMMISSIONER OF INCOME TAX HARYANA

Judgement Date : 25 Aug 2020

Citation : 2020 Latest Caselaw 467 SC

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

Headnote :

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

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

Judgement Date : 24 Aug 2020

Citation : 2020 Latest Caselaw 465 SC

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

Headnote :

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

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VIKRANT SINGH MALIK vs. SUPERTECH LTD

Judgement Date : 24 Aug 2020

Citation : 2020 Latest Caselaw 466 SC

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

Headnote :

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

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V.N. KRISHNA MURTHY vs. SRI RAVIKUMAR

Judgement Date : 21 Aug 2020

Citation : 2020 Latest Caselaw 464 SC

Code of Civil Procedure, 1908 (CPC)

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

Headnote :

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

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SARDAR BAHGINDER SINGH vs. SARDAR MANJIEETH SINGH

Judgement Date : 20 Aug 2020

Citation : 2020 Latest Caselaw 463 SC

Headnote :

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

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RHEA CHAKRABORTY vs. STATE OF BIHAR

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 457 SC

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

Headnote :

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

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GHANSHYAM UPADHYAY vs. STATE OF UTTAR PRADESH

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 458 SC

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

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

Headnote :

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

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MOHD.ANWAR vs. STATE (NCT OF DELHI)

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 459 SC

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

Headnote :

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

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

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 460 SC

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

Headnote :

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

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

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 461 SC

Central Excise Act, 1944
Central Excise Rules, 2002

Headnote :

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

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

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 462 SC

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

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

Headnote :

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

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STATE OF MADHYA PRADESH vs. RAKESH SETHI

Judgement Date : 19 Aug 2020

Citation : 2020 Latest Caselaw 471 SC

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

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

Headnote :

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

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CENTRE FOR PUBLIC INTEREST LITIGATION vs. UNION OF INDIA

Judgement Date : 18 Aug 2020

Citation : 2020 Latest Caselaw 456 SC

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

Headnote :

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

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M. RADHA HARI SESHU vs. STATE OF TELANGANA

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 450 SC

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

Headnote :

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

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PREET PAL SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 451 SC

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

Headnote :

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

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IN RE PRASHANT BHUSHAN

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 452 SC

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

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

Headnote :

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

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

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 453 SC

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

Headnote :

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

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

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 454 SC

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

Headnote :

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

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M.C.MEHTA vs. UNION OF INDIA

Judgement Date : 14 Aug 2020

Citation : 2020 Latest Caselaw 455 SC

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

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

Headnote :

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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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