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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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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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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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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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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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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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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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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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D. DEVARAJA vs. OWAIS SABEER HUSSAIN

Judgement Date : 18 Jun 2020

Citation : 2020 Latest Caselaw 400 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Criminal Procedure Code, 1973
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 245. When accused shall be discharged
CrPC Section 482. Saving of inherent power of High Court
IPC Section 166. Public servant disobeying law, with intent to cause injury to any person
IPC Section 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 348. Wrongful confinement to extort confession, or compel restoration of property
IPC Section 464. Making a false document
IPC Section 468. Forgery for purpose of cheating
IPC Section 500. Punishment for defamation
IPC Section 506. Punishment for criminal intimidation
Karnataka Police Act, 1963

Madhu Limaye Vs. The State of Maharashtra [1977] INSC 205 (31 October 1977)
P. Arulswami Vs. The State of Madras [1966] INSC 148 (29 August 1966)
Virupaxappa Veerappa Kadampur Vs. The State of Mysore [1962] INSC 306 (9 November 1962)
Amrik Singh Vs. The State of Pepsu [1955] INSC 9 (28 February 1955)
Shreekantiah Ramayya Munipalli Vs. The State of Bombay [1954] INSC 126 (22 December 1954)

Headnote :

A. According to Section 197 of the Criminal Procedure Code, 1973, and Section 170 of the Karnataka Police Act, 1963, obtaining government sanction is essential for prosecuting a police officer for actions related to their official duties. This requirement is crucial to shield police officers from fa...

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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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SIRI CHAND vs. SURINDER SINGH

Judgement Date : 17 Jun 2020

Citation : 2020 Latest Caselaw 399 SC

East Punjab Urban Rent Restriction Act, 1949
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Transfer of Property Act, 1882

Headnote :

IMPORTANTThe clause regarding annual rent increases in a month-to-month tenancy is a contingent clause that applies only if the tenancy extends beyond one year. This clause should not be interpreted to imply that the tenancy was for a duration exceeding one year.A. According to Section 13 of the Eas...

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SAVITHA vs. M/S CHODAMANDALAM M.S. GENERAL INSURNACE COMPANY

Judgement Date : 16 Jun 2020

Citation : 2020 Latest Caselaw 397 SC

Headnote :

The Motor Vehicles Act, 1988, Section 166 addresses compensation for death in accidents. In this case, the appellant was involved in a bus accident caused by a lorry that collided with the bus recklessly and negligently. The appellant sustained nine injuries, seven of which were serious. However, th...

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SANGITA ARYA vs. ORIENTAL INSURANCE COMPANY LIMITED

Judgement Date : 16 Jun 2020

Citation : 2020 Latest Caselaw 398 SC

Constitution of India

Headnote :

According to Article 226 of the Constitution of India, 1950, and Section 166 of the Motor Vehicles Act, 1988, in the case of a death resulting from an accident, the income tax returns (ITRs) for the assessment years 2005-06 and 2006-07, submitted before the deceased\'s passing, indicate an annual in...

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VINODCHANDRA SAKARLAL KAPADIA vs. STATE OF GUJARAT

Judgement Date : 15 Jun 2020

Citation : 2020 Latest Caselaw 394 SC

Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
Bombay Agricultural Debtors Relief Act, 1947
Bombay Land Revenue Code, 1879
Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Constitution of India
Gujarat Devasthan Inams Abolition Act, 1969
Indian Succession Act, 1925
Karnataka Land Reforms Act, 1961
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Land Improvement Loans Act, 1883
Land Improvement Loans Act, 1883
Land Improvement Loans Act, 1883
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Control of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Land Revenue Code, 1966
Maharashtra Regional and Town Planning Act, 1966
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
Rajasthan Tenancy Act, 1955
Section 23. What consideration and objects are lawful, and what not
Specific Relief Act, 1963
State Bank of India (Subsidiary Banks) Act, 1959
State Bank of India Act, 1955
Transfer of Property Act, 1882

Amrendra Pratap Singh Vs. Tej Bahadur Prajapati & Ors [2003] INSC 585 (21 November 2003)

Headnote :

IMPORTANTAgricultural land governed by the Bombay Tenancy and Agricultural Lands Act cannot be transferred through a will.According to Sections 43 and 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, the validity of testamentary transfers of agricultural land is in question. Even though a...

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WARAD MURTI MISHRA vs. STATE OF MADHYA PRADESH

Judgement Date : 15 Jun 2020

Citation : 2020 Latest Caselaw 395 SC

Constitution of India

Headnote :

IMPORTANTSeniority - The question of whether individuals selected in later selection processes, who passed the departmental examination within the required timeframe, should be considered senior to the Appellant, who was appointed earlier but passed the exam after the deadline, has been referred to...

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INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU vs. K. BASKARAN

Judgement Date : 15 Jun 2020

Citation : 2020 Latest Caselaw 396 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Delegation of Powers
Delegation of Powers
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Industrial Disputes Act, 1947
Orissa Estates Abolition Act, 1951
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

CRUCIALStamp duty - The appellate authority is empowered to increase the market value of a property when reviewing an appeal submitted by registrants if any clear illegality is identified.If the authority requests any information, records, or inputs, this alone does not constitute a delegation of es...

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FICUS PAX PRIVATE LIMITED vs. UNION OF INDIA

Judgement Date : 12 Jun 2020

Citation : 2020 Latest Caselaw 392 SC

Constitution of India
Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005
Industrial Disputes Act, 1947

Headnote :

IMPORTANTEmployers are not required to pay wages to their employees for the duration that their businesses are closed due to the lockdown.According to the Disaster Management Act, 2005, Section 10(2)(l) - Regarding the full payment of wages to employees during the lockdown, it has been determined th...

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M.H. UMA MAHESHWARI vs. UNITED INDIA INSURANCE CO.LTD.

Judgement Date : 12 Jun 2020

Citation : 2020 Latest Caselaw 393 SC

Motor Vehicles Act, 1988

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

Headnote :

The Motor Vehicles Act of 1988, Section 166, addresses compensation for death resulting from an accident, specifically regarding loss of dependency. In this case, the deceased was 50 years and 3 months old at the time of the accident. The applicable multiplier was not correctly applied, as the High...

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NIRBHAY KUMAR vs. STATE OF BIHAR

Judgement Date : 11 Jun 2020

Citation : 2020 Latest Caselaw 391 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Article 32 - Regarding the appointment to the position of Sub-Inspector of Police, the claim for equal treatment with 133 candidates who were appointed without undergoing a physical test, but who did undergo a medical test, was addressed. It was determined that the s...

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SRI ANTHONY ALIAS ANTHONY SWAMY vs. MANAGING DIRECTOR KSRTC

Judgement Date : 10 Jun 2020

Citation : 2020 Latest Caselaw 389 SC

Headnote :

CRUCIALPhysical Disability - When a claimant has a 75% physical disability that permanently prevents them from engaging in their usual occupation or any similar work, it is challenging to understand the rationale behind compensating based on the disability affecting the entire body.Motor Vehicles Ac...

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BIKRAM CHATTERJI vs. UNION OF INDIA

Judgement Date : 10 Jun 2020

Citation : 2020 Latest Caselaw 390 SC

NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

A. Under Article 32 of the Constitution of India, 1950, concerning litigation related to a housing project, there was an issue of misjoinder of parties. The NBCC was appointed as the Project Management Consultant to oversee the completion of various projects and was authorized to issue tenders and p...

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ADDISSERY RAGHAVAN vs. CHERUVALATH KRISHNADASAN

Judgement Date : 08 Jun 2020

Citation : 2020 Latest Caselaw 388 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)

Headnote :

IMPORTANTThe High Court cannot interfere with findings of fact while exercising its revisional jurisdiction.According to Sections 11(8) and 20 of the Kerala Building (Lease and Rent Control) Act, 1965, regarding bona fide requirements for tenant eviction, the Trial Court granted an eviction applicat...

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STATE OF ORISSA vs. M/S B.ENGINEERS AND BUILDERS LTD.

Judgement Date : 05 Jun 2020

Citation : 2020 Latest Caselaw 385 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Article 366(29A) and the Orissa Sales Tax Act, 1947, Section 5(2)(AA) pertain to work contracts and the reimbursement of taxes. A contractor company sought reimbursement for sales tax imposed on works contracts based on Clause 45.2 of the General Conditions of Contra...

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RAMNATH AND CO. vs. COMMISSIONER OF INCOME TAX

Judgement Date : 05 Jun 2020

Citation : 2020 Latest Caselaw 386 SC

Income Tax Act, 1961

Abhiram Singh Vs. C.D. Commachen & Ors [1996] INSC 557 (16 April 1996)

Headnote :

A. Income Tax Act, 1961 Section 80O - Royalty from foreign enterprises - Deduction - Purpose of the provisions - The aim is to encourage Indian industries to provide intellectual property or information related to industrial, commercial, or scientific knowledge to foreign nations, thereby increasing...

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M/S. SHAKTI BHOG FOOD INDUSTRIES LTD. vs. CENTRAL BANK OF INDIA

Judgement Date : 05 Jun 2020

Citation : 2020 Latest Caselaw 387 SC

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

Ram Prakash Gupta Vs. Rajiv Kumar Gupta & Ors [2007] Insc 1000 (3 October 2007)
Roop Lal Sathi Vs. Nachhattar Singh [1982] INSC 80 (2 November 1982)

Headnote :

CRUCIALThe issue of whether a suit is barred by limitation is typically a combination of factual and legal questions.A. Civil Procedure Code, 1908, Order 7, Rule 11 - Dismissal of plaint - Order 7, Rule 11 of the CPC grants the Court significant authority to dismiss a plaint if it is clear from the...

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SOMASUNDARAM @ SOMU vs. STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE

Judgement Date : 03 Jun 2020

Citation : 2020 Latest Caselaw 384 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 164. Recording of confessions and statements
CrPC Section 233. Entering upon defence
CrPC Section 460. Irregularities, which do not vitiate proceedings
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 108. Abettor
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 114. Abettor present when offence is committed
IPC Section 116. Abetment of offence punishable with imprisonment-if offence be not committed
IPC Section 120A. Definition of criminal conspiracy.
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 141. Unlawful assembly
IPC Section 142. Being member of unlawful assembly
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 347. Wrongful confinement to extort property, or constrain to illegal act
IPC Section 359. Kidnapping
IPC Section 362. Abduction
IPC Section 364. Kidnapping or abducting in order to murder
IPC Section 365. Kidnapping or abducting with intent secretly and wrongfully to confine person
IPC Section 387. Putting person in fear of death or of grievous hurt, in order to commit extortion
IPC Section 420. Cheating and dishonestly inducing delivery of property

Sucha Singh Vs. State of Punjab [2001] INSC 164 (22 March 2001)
The Assistant Collector of Central Excise, Rajamundry Vs. Duncan Agro Industries Ltd. & Ors [2000] INSC 408 (7 August 2000)
M.O. Shamsudhin Vs. State of Kerala [1995] INSC 188 (21 March 1995)
Willie (William) Slaney Vs. The State of Madhya Pradesh [1955] INSC 60 (31 October 1955)

Headnote :

CRUCIALIn cases of abduction followed by murder, there is a presumption that the abductor is also the murderer.Abetment is a substantive offense, and the punishment for it varies based on different circumstances.There is a discrepancy between Sections 114 and 133; thus, it would be unwise to convict...

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M/S. CENTROTRADE MINERALS AND METALS INC. vs. HINDUSTAN COPPER LTD.

Judgement Date : 02 Jun 2020

Citation : 2020 Latest Caselaw 383 SC

Arbitration and Conciliation Act, 1996
Section 23. What consideration and objects are lawful, and what not

Hari Om Maheshwari Vs. Vinitkumar Parikh [2004] Insc 745 (9 December 2004)

Headnote :

Section 23 of the Contract Act, 1872.[Paragraph]

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TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LIMITED vs. M/S SRIGDHAA BEVERAGES

Judgement Date : 01 Jun 2020

Citation : 2020 Latest Caselaw 382 SC

Electricity Act, 2003
Security Interest (Enforcement) Rules, 2002

Headnote :

NOTICEUnder the Electricity Act, the auction buyer is responsible for settling the electricity debts of the previous owner.According to Section 56 of the Electricity Act, 2003, the auction purchaser is liable for the electricity dues of the previous owner. It has been determined that in the case of...

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SONU @ SUNIL vs. STATE OF MADHYA PRADESH

Judgement Date : 29 May 2020

Citation : 2020 Latest Caselaw 381 SC

Gwalior
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt
IPC Section 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Headnote :

CRUCIALThe essence of Section 34 of the IPC and the foundational principle of criminal liability for the actions of another is the shared or common intention to commit an offense.A. Under the Indian Penal Code, 1860, Sections 394, 460, and 302 in conjunction with Section 34 of the Evidence Act, 1872...

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GOPAL PRASAD vs. BIHAR SCHOOL EXAMINATION BOARD

Judgement Date : 28 May 2020

Citation : 2020 Latest Caselaw 380 SC

Child Labour (Prohibition and Regulation) Act, 1986
Constitution of India
Indian Contract Act, 1872
Majority Act, 1875
Minimum Wages Act, 1948
Minimum Wages Act, 1948
Nagaland Retirement From Public Employment Act, 1991

Headnote :

Indira Benerjee, J.A. Bihar Service Code, 1952, Rule 73 - Bihar Pension Rules 1950, Rule 57 - Retirement - Determination of maximum length of service - The Appellant was appointed at approximately 15 years of age. At the time of the Appellant\'s appointment, there was no minimum age requirement for...

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CHAIRMAN CUM MANAGING DIRECTOR MAHANADI COALFIELDS LIMITED vs. SRI RABINDRANATH CHOUBEY

Judgement Date : 27 May 2020

Citation : 2020 Latest Caselaw 379 SC

Constitution of India
Payment of Gratuity Act, 1972

State of U.P. & Ors Vs. Harihar Bhole Nath [2006] Insc 734 (1 November 2006)
State of Punjab & Ors Vs. Rajesh Kumar [2006] Insc 828 (20 November 2006)
Union of India Vs. Ajoy Kumar Patnaik [1995] INSC 472 (8 September 1995)
State of Maharashtra Vs. M.H. Mazumdar [1988] INSC 54 (24 February 1988)
State of Punjab Vs. Khemi Ram [1969] INSC 266 (6 October 1969)
Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)
Shyam Lal Vs. The State of Uttar Pradesh [1954] INSC 33 (30 March 1954)
Satish Chandra Anand Vs. The Union of India [1953] INSC 21 (13 March 1953)

Headnote :

CRUCIALDisciplinary actions initiated prior to the payment of gratuity can be suspended until the proceedings are finalized.Disciplinary actions may continue even after the retirement of the employee in question - The inquiry must reach a definitive conclusion.Ajay Rastogi, JA. Payment of Gratuity A...

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OMBIR SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 26 May 2020

Citation : 2020 Latest Caselaw 376 SC

Arms Act, 1959
CrPC Section 157. Procedure for investigations
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Sheo Shankar Singh Vs. State of U.P. [July 02, 2013]
Sandeep Vs. State of U.P. [May 11, 2012]
Sarwan Singh Vs. State of Punjab [2002] INSC 431 (7 October 2002)
Anil Rai Vs. State of Bihar [2001] INSC 367 (6 August 2001)
Sarwan Singh Vs. The State of Punjab [1957] INSC 34 (10 April 1957)

Headnote :

CRUCIALDelay in submitting FIR to magistrate - No basis for acquitting the accused.A. Criminal Procedure Code, 1973, Section 157 - Indian Penal Code, 1860, Sections 302 in conjunction with Section 34 - Murder - Delay in submitting FIR - The FIR was received by the Chief Judicial Magistrate\'s office...

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ALAPATI JYOTSNA vs. UNION OF INDIA

Judgement Date : 26 May 2020

Citation : 2020 Latest Caselaw 377 SC

Constitution of India

Headnote :

Article 32 of the Constitution of India, 1950 - Writ petition - Request for the respondents to implement \"single counselling\" for the allocation of seats in Post Graduate Medical Courses leading to Degrees and Diplomas, as well as seats in Diplomate of National Board Courses. Given that the petiti...

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GURUNANAK INDUSTRIES, FARIDABAD vs. AMAR SINGH (D)

Judgement Date : 26 May 2020

Citation : 2020 Latest Caselaw 378 SC

Pamuru Vishnu Vinodh Reddy Vs. Chillakuru Chandrasekhara Reddy & Ors [2003] INSC 88 (17 February 2003)

Headnote :

IMPORTANTDistinction between `retirement of a partner\' and `dissolution of a partnership firm\' - When there are only two partners and one decides to retire, this effectively results in the dissolution of the firm.A. According to the Partnership Act of 1932, Sections 37 and 48 - There is a clear di...

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PATEL ENGINEERING LTD. vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD.

Judgement Date : 22 May 2020

Citation : 2020 Latest Caselaw 375 SC

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

Associate Builders Vs. Delhi Development Authority [November 25, 2014]
Thungabhadra Industries Ltd. Vs. The Government of Andhra Pradesh [1963] INSC 209 (22 October 1963)

Headnote :

CRUCIALAn arbitral award may be annulled under Section 34 if it is clearly illegal or irrational.According to the Constitution of India, 1950, Article 136, and the Arbitration and Conciliation Act, 1996, Sections 34 and 37, petitions for reviewing judgments are not entertained. An arbitral award can...

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CANARA BANK vs. M/S LEATHEROID PLASTICS PVT LTD.

Judgement Date : 20 May 2020

Citation : 2020 Latest Caselaw 374 SC

Headnote :

Indira Benerjee, J.A. Bihar Service Code, 1952, Rule 73 - Bihar Pension Rules 1950, Rule 57 - Retirement - Determination of maximum length of service - The Appellant was appointed at approximately 15 years of age. At the time of the Appellant\'s appointment, there was no minimum age requirement for...

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WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION vs. RAVUTHAR DAWOOD NASEEM

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 370 SC

Food Corporations Act, 1964
Industrial Disputes Act, 1947
National Food Security Act, 2013

Headnote :

IMPORTANTContempt - No contempt proceedings can be initiated based solely on a general directive to regularize and departmentalize the relevant workers.According to Article 129 of the Constitution of India, 1950, and Section 10(1)(d) of the Industrial Disputes Act, 1947, failure to comply with the d...

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ARNAB RANJAN GOSWAMI vs. UNION OF INDIA

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 371 SC

CrPC Section 154. Information in cognizable cases
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 160. Police Officer’s power to require attendance of witnesses
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 199. Prosecution for defamation
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 482. Saving of inherent power of High Court
IPC Section 117. Abetting commission of offence by the public or by more than ten persons
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 499. Defamation
IPC Section 506. Punishment for criminal intimidation

Upkar Singh Vs. Ved Prakash & Ors [2004] Insc 531 (10 September 2004)
Upkar Singh Vs. Ved Prakash & Ors [2004] Insc 536 (10 September 2004)

Headnote :

CRUCIALArnab Goswami Case - The right to journalistic freedom of speech and expression is safeguarded by Article 19(1)(a).According to the Constitution of India, 1950, Articles 19(1)(a) and 32, along with the Indian Penal Code, 1860, Sections 153, 153A, 153B, 295A, 298, 500, 504, 506, and 120B, ther...

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KAVITA KANWAR vs. MRS. PAMELA MEHTA

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 372 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Succession Act, 1925
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

B. Venkatamuni Vs. C.J. Ayodhya Ram Singh & Ors [2006] Insc 670 (19 October 2006)

Headnote :

CRUCIALThe absence of a written statement from the defendant does not automatically result in a judgment favoring the plaintiff without the necessity of proving fundamental facts.In probate matters, the proponent must satisfy the Court\'s conscience by eliminating any suspicious circumstances.A. Und...

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BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 373 SC

Air (Prevention and Control of Pollution) Act, 1981
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Forest (Conservation) Act, 1980
Karnataka Industrial Areas Development Act, 1966
Karnataka Stamp Act, 1957
Karnataka Town and Country Planning Act, 1961
Water (Prevention and Control of Pollution) Act, 1974

Association of Registration Plates Vs. Union of India & Ors [2004] Insc 724 (30 November 2004)
Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)

Headnote :

CRUCIALGroup Housing Projects - Framework Agreement - Project proponents are permitted to make deviations from the Project Technical Report (PTR) within specified limits, as necessary to allow all parties to fully benefit from the project\'s development.A. Karnataka Industrial Areas Development Act,...

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JAGMAIL SINGH vs. KARAMJIT SINGH

Judgement Date : 13 May 2020

Citation : 2020 Latest Caselaw 369 SC

Constitution of India

Headnote :

IMPORTANTTo admit secondary evidence, foundational evidence must be provided explaining why the original evidence is unavailable.According to the Evidence Act of 1872, Sections 65 and 66, secondary evidence can only be permitted if primary evidence has been established. Secondary evidence serves as...

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