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SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. vs. OIL INDIA LIMITED

Judgement Date : 11 May 2020

Citation : 2020 Latest Caselaw 366 SC

Arbitration and Conciliation Act, 1996
Indian Contract Act, 1872

Mcdermott International Inc. Vs. Burn Standard Co. Ltd. & Ors [2006] Insc 316 (12 May 2006)

Headnote :

The Arbitration and Conciliation Act of 1996, Section 34, addresses the annulment of arbitral awards and the interpretation of arbitral agreements. In this case, a contract was formed between the parties as part of a tender issued by the respondent for drilling wells and related operations. After re...

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DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR vs. ASHISH GAUTAM

Judgement Date : 11 May 2020

Citation : 2020 Latest Caselaw 367 SC

Headnote :

The National Green Tribunal Act of 2010, Section 22, states that the Department of Archaeology has designated the monument \"Sisodia Rani ka Bagh\" as a protected site through a notification. This monument has historically hosted ceremonies such as weddings and other events. It features exquisite fo...

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FOUNDATION FOR MEDIA PROFESSIONALS vs. UNION TERRITORY OF JAMMU AND KASHMIR

Judgement Date : 11 May 2020

Citation : 2020 Latest Caselaw 368 SC

Headnote :

NOTICEThe Court has ordered the formation of a Special Committee to assess the possibility of implementing faster internet services, specifically 3G and 4G, in the Union Territory of Jammu and Kashmir.According to the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules...

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CLP INDIA PVT. LTD. vs. GUJARAT URJA VIKAS NIGAM LTD.

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 357 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity Act, 2003

Headnote :

A. Under Section 43A of the Electricity Act, 2003, regarding the supply of electricity and tariff, the parties entered into a power purchase agreement (PPA) that specifically referenced the notification dated 30.03.1992. The PPA stipulated that for the first Kwh/KW, a plant load factor of 68.5% woul...

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PUNJAB NATIONAL BANK vs. ATMANAND SINGH

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 358 SC

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

Babubhai Muljibhai Patel Vs. Nandlal Khodidas Barot & Ors [1974] INSC 177 (17 September 1974)

Headnote :

CRUCIALIn cases where a writ petition presents complex factual questions, the High Court should refrain from considering such petitions.According to Article 226 of the Constitution of India, 1950, regarding writ jurisdiction and the exercise of power, when a petition involves intricate factual issue...

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HUKUM CHAND DESWAL vs. SATISH RAJ DESWAL

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 359 SC

Constitution of India
Contempt of Courts Act, 1971
Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975

Headnote :

The Contempt of Court Act, 1971, Sections 12 and 14, along with the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, Rule 3, address contempt of court issues. In this case, the defendant vacated the suit premises before the date set by the Court. However, the plaintiff\'s conte...

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KAPILABEN AMBALAL PATEL vs. STATE OF GUJARAT

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 360 SC

Urban Land (Ceiling and Regulation) Repeal Act, 1999

Shivgonda Anna Patil & Ors Vs. State of Maharashtra & Ors [1999] of 22 (9 February 1999)
Tamil Nadu Housing Board Vs. A. Viswam [1996] INSC 224 (9 February 1996)

Headnote :

The Urban Land (Ceiling and Regulation) Act of 1976, specifically Sections 22(1)(a) and 21, addresses surplus land and exemptions. In this case, the appellant\'s excess land was acquired by the State, which issued a notice and took possession as documented in a possession panchnama. The appellants c...

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ASSISTANT COMMISSIONER (CT) LTU KAKINADA vs. M/S GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 361 SC

Andhra Pradesh Value Added Tax Act, 2005
Central Sales Tax Act, 1956
Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Electricity Act, 2003
Limitation Act, 1963

Headnote :

CRUCIALThe High Court cannot overlook the statutory time frame for addressing grievances and cannot automatically accept a writ petition.A. Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005 - Assessment - Challenge - Limitation - The petitioner opted to approach the High Court after t...

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RATNAGIRI NAGAR PARISHAD vs. GANGARAM NARAYAN AMBEKAR

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 362 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Environment (Protection) Act, 1986
National Green Tribunal Act, 2010
Specific Relief Act, 1963

Kuldip Singh Vs. Subhash Chander Jain & Ors [2000] INSC 151 (28 March 2000)

Headnote :

A. Under Section 41(f) and (h) of the Specific Relief Act, 1963, and the Municipal Solid Wastes (Management and Handling) Rules, 2000, the issue of land allocation for a waste disposal project arises. The plaintiff initiated a lawsuit to prevent the defendants from commencing the Solid Waste Disposa...

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STATE OF RAJASTHAN vs. MEH RAM

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 363 SC

CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Chandrakant Patil & Ors Vs. State [1998] INSC 45 (2 February 1998)

Headnote :

A. Indian Penal Code, 1860 Section 302 - Murder - Restoration of conviction - The High Court converted the Respondent\'s conviction under Section 302 IPC to one under Section 326 IPC, reducing the substantive sentence to the time already served. The Appellant State sought to restore the conviction u...

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BIHAR STAFF SELECTION COMMISSION vs. ARUN KUMAR

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 364 SC

Constitution of India

Headnote :

CRUCIALIn the context of assessing candidates for recruitment to public services, the scope of judicial review is limited.A. Candidate Evaluation - Judicial Review - When it comes to the assessment of candidates, especially for public service recruitment, the scope of judicial review is restricted....

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TRILOKI NATH SINGH vs. ANIRUDH SINGH

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 365 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Section 52. TPA, Transfer of property pending suit relating thereto.

Headnote :

IMPORTANTThe prohibition under Order 23, Rule 3A regarding the challenge of a decree based on a compromise between the parties also extends to individuals who are not part of the compromise proceedings. This rule aims to prevent multiple litigations.A. According to the Civil Procedure Code, 1908, Or...

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PANDURANG GANPATI CHAUGULE vs. VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED

Judgement Date : 05 May 2020

Citation : 2020 Latest Caselaw 356 SC

Administration of Estates
Andhra Pradesh Co-Operative Societies Act, 1964
Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999
Banking Laws
Banking Regulation (Amendment) and Miscellaneous Provisions Act, 2004
Banking Regulation Act, 1949
Bombay Sales Tax Act, 1959
ccc
Co-operative Societies Act, 1912
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
Indian Succession Act, 1925
Industrial Disputes Act, 1947
Karnataka Agricultural Produce Marketing (Regulation) Act, 1966
Karnataka Co-Operative Societies Act, 1959
Kerala General Sales Tax Act, 1963
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Industrial Development Act, 1961
Multi-State Cooperative Societies Act, 2002
Negotiable Instruments Act, 1881
Punjab Co-operative Societies Act, 1961
Punjab-Co-operative-Societies-Act-1961
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Reserve Bank of India Act, 1934
Sale of Goods Act, 1930
Societies Registration Act, 1860
State Bank of India Act, 1955
Tobacco Board Act, 1975
Transfer of Property Act, 1882
Tripura Land Revenue and Land Reforms Act, 1960

The Belsund Sugar Co. Ltd. Vs. The State of Bihar & Ors [1999] INSC 256 (10 August 1999)
S.S. Dhanoa Vs. Municipal Corporation, Delhi & Ors [1981] INSC 114 (8 May 1981)
The Calcutta Gas Company (Proprietary) Ltd. Vs. The State of West Bengal & Ors [1962] INSC 41 (5 February 1962)

Headnote :

CRUCIALThe recovery process outlined in Section 13 of the SARFAESI Act applies to Cooperative Banks.The Reserve Bank of India exercises significant and comprehensive control over primary credit societies engaged in banking activities.Co-operative banks, whether established under State legislation or...

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COMMISSIONER OF CENTRAL EXCISE, DELHI-III vs. M/S UNI PRODUCTS INDIA LTD.

Judgement Date : 01 May 2020

Citation : 2020 Latest Caselaw 355 SC

Central Excise Act, 1944

Headnote :

NOTICEExcise Duty - Car Matting and Carpets - Chapter 57 encompasses not only carpets but also various other types of floor coverings.A. Central Excise Act, 1944, Section 38A - Central Excise Tariff Act, 1985, Chapter 57, First Schedule - Car matting - Is it classified as a carpet? Chapter 57 includ...

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CHRISTIAN MEDICAL COLLEGE VELLORE vs. UNION OF INDIA

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 348 SC

Constitution of India
Dentists Act, 1948
Gujarat University Act, 1949
Indian Medical Council Act, 1956
Postgraduate Medical Education Regulations, 2000
Regulations on Graduate Medical Education, 1997
Rights of Persons with Disabilities Act, 2016

Headnote :

IMPORTANTThe rights under Article 30 are not absolute - the NEET examination does not infringe upon the rights granted by Articles 19(1)(g) and 30 of the Constitution.According to the Constitution of India, 1950, Articles 19(1)(g), 25, 26, and 30, as well as Section 33 of the Medical Council Act, 19...

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VODAFONE IDEA LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 349 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Finance Act, 2017
Income Tax Act, 1961
Indian Evidence Act, 1872
Motor Vehicles Act, 1939
Provincial Small Cause Courts Act, 1887
Provincial Small Cause Courts Act, 1887

Headnote :

A. Under the Income Tax Act of 1961, specifically Sections 143(1D) and 241A, the issue of refunds is addressed. The assessee submitted tax returns for the assessment years 2014-15, 2015-16, 2016-17, and 2017-18, each claiming a refund. The tax department notified the assessee about the withholding o...

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QUIPPO CONSTRUCTION EQUIPMENT LTD. vs. JANARDAN NIRMAN PVT. LTD.

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 350 SC

Arbitration and Conciliation Act, 1996

Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors [2003] INSC 30 (28 January 2003)
Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors [2002] INSC 87 (20 February 2002)

Headnote :

IMPORTANTIf a party fails to appear in proceedings and the case proceeds ex parte, it forfeits its right to contest the jurisdiction of the Arbitrator after the award has been made.According to the Arbitration and Conciliation Act, 1996, specifically Sections 5, 8, and 34, regarding the jurisdiction...

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DINESH KUMAR GUPTA vs. HIGH COURT OF JUDICATURE OF RAJASTHAN

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 351 SC

Constitution of India
Rajasthan Civil Courts Ordinance, 1950
Rajasthan Higher Judicial Service Rules, 1969
Rajasthan Judicial Service Rules, 1955
Rajasthan Judicial Service Rules, 2010

All India Judges Association Vs. Union of India & Ors [1994] INSC 241 (15 April 1994)
Shankarsan Dash Vs. Union of India [1991] INSC 121 (30 April 1991)
Baleshwar Dass & Ors Vs. State of U.P. & Ors [1980] INSC 155 (19 August 1980)
S.B. Patwardhan & Ors Vs. State of Maharashtra & Ors [1977] INSC 139 (4 May 1977)

Headnote :

IMPORTANTCandidates selected through LCE will receive en-bloc placement based on their examination merit rather than their seniority in the previous cadre.A. According to the Rajasthan Higher Judicial Service Rules, 1969, specifically Rules 6, 9, and 24, and Article 233 of the Constitution of India,...

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NEELAM GUPTA VS. MAHIPAL SHARAN GUPTA

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 352 SC

Hindu Marriage Act, 1955
Protection of Women From Domestic Violence Act, 2005
Section 12. DV Act, Application of Magistrate

Headnote :

The Protection of Women From Domestic Violence Act, 2005, Section 12 - Right to reside in matrimonial home - Application for modification - The appellant wife was granted a protection order and allowed to live in the matrimonial home. The son of the respondent husbandâ€™s first wife initiated a part...

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BCH ELECTRIC LIMITED vs. PRADEEP MEHRA

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 353 SC

Air Force Act, 1950
Army Act, 1950
Navy Act, 1957
Payment of Gratuity Act, 1972

Headnote :

The Payment of Gratuity Act, 1972, Section 4(3) addresses gratuity entitlement. The respondent was appointed as the Chief Operating Officer of the appellant company under specified terms, which included eligibility for gratuity as per legal provisions. After resigning, the respondent claimed gratuit...

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PILCOM vs. C.I.T WEST BENGAL-VII

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 354 SC

Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, specifically Sections 115BBA, 194E, and 195(2), addresses tax deduction at source. The Assessee in this case is the PAK-INDO-LANKA Joint Management Committee, which was established by the Cricket Control Boards of Pakistan, India, and Sri Lanka to organize the World Cup C...

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RE : VIJAY KURLE

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 340 SC

Advocates Act, 1961
Constitution of India
Contempt of Courts Act, 1971
Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
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)
Bal Thackrey Vs. Harish Pimpalkhute & Ors [2004] Insc 720 (29 November 2004)
N. Natarajan Vs. B.K. Subba Rao [2002] INSC 509 (3 December 2002)
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)

Headnote :

CRUCIALThe Supreme Court\'s authority to initiate contempt proceedings is not restricted by the Contempt of Court Act; it possesses constitutional powers to address contempt issues.The only requirement for the notice to commence contempt proceedings is that a brief description of the contempt must b...

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AISHWARYA ATUL PUSALKAR vs. MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 341 SC

Constitution of India
Maharashtra Housing and Area Development Act, 1976
Protection of Women From Domestic Violence Act, 2005

Headnote :

IMPORTANTClaims for rehousing made by a wife must be resolved by a Civil Court, Family Court, or any other legally designated forum; a Writ Court is not the suitable venue for such matters.A. According to Section 18 of the Hindu Adoptions and Maintenance Act, 1956, and Section 2(s) of the Protection...

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STATE OF GUJARAT vs. MANSUKHBHAI KANJIBHAI SHAH

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 342 SC

Banking Regulation Act, 1949
CrPC Section 227. Discharge
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
Prevention of Corruption Act, 1988
University Grants Commission Act, 1956

Headnote :

IMPORTANTThe term \"University\" includes \"Deemed University\" and is subject to the Prevention of Corruption Act.A. Under the Criminal Procedure Code, 1973, Section 227, and the Prevention of Corruption Act, 1988, Sections 7, 8, 10, and 13 (1)(b) and 13(2), along with the Indian Penal Code, 1860,...

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COMMISSIONER OF CUSTOMS (PORT) KOLKATA vs. M/S. STEEL AUTHORITY OF INDIA LTD.

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 343 SC

Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

The Customs Act of 1962, Section 14, pertains to Customs Valuation, specifically the Valuation Rules for Imported Goods established in 1988, particularly Rules 4 and 9(1)(e). In this case, Steel Authority of India Ltd imported certain items and asserted that the importation involved turnkey projects...

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COMMERCIAL TAX OFFICER vs. M/S BOMBAY MACHINERY STORE

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 344 SC

Central Sales Tax Act, 1956
Sale of Goods Act, 1930

Headnote :

The Central Sales Tax Act of 1956, specifically Sections 3 and 6, along with Section 51 of the Sale of Goods Act of 1930 and the Rajasthan Sales Tax Act of 1954, state that the transfer of documents of title occurs after the goods have arrived at their destination within the state. When goods are ha...

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BIHAR STATE ELECTRICITY BOARD vs. M/S ICEBERG INDUSTRIES LTD.

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 345 SC

Electricity Act, 2003
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The Electricity Act of 2003, Section 56, addresses the disconnection of electricity due to non-payment of bills by a company. A disconnection notice was issued because the company failed to pay its electricity bill. The company, citing various business-related challenges, requested to settle its out...

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DHANPAL vs. STATE NCT OF DELHI

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 346 SC

Indian Penal Code, 1860 (IPC)

Rajkishore Purohit Vs. State of Madhya Pradesh and Others [August 1, 2017]

Headnote :

The Indian Penal Code, 1860, Section 302 in conjunction with Section 34 pertains to murder convictions. The accused individuals were alleged to have killed the victim, with all four participating in the attack. Three of the accused restrained the victim while one inflicted stab wounds to the chest,...

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STATE OF KARNATAKA vs. Y. MOIDEEN KUNHI

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 347 SC

Karnataka Land Reforms Act, 1961

Headnote :

The Karnataka Land Reforms Act of 1961, specifically Sections 79 and 104, along with the Karnataka Preservation of Trees Act of 1976, addresses the issue of land designated for plantations and the restrictions on land holdings. The lower courts determined that the lands classified as plantation were...

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YUM!RESTAURANTS (MARKET.) PVT.LTD. vs. C.I.T.,NEW DELHI

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 323 SC

Income Tax Act, 1961

Headnote :

A. Doctrine of Mutuality - Interpretation - The doctrine of mutuality is based on the fundamental principle that an individual cannot conduct business with themselves. Consequently, if the seller and buyer, or the vendor and consumer, or the contributor and participant are essentially the same entit...

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NISHA PRIYA BHATIA vs. SHASHI PRABHA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 324 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 200. Examination of complainant
Indian Penal Code, 1860 (IPC)
IPC Section 167. Public servant farming an incorrect document with intent to cause injury
IPC Section 341. Punishment for wrongful restraint.
IPC Section 44. Injury
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

Purushottam Kumar Jha Vs. State of Jharkhand & Ors [2006] Insc 224 (24 April 2006)
D.V. Kapoor Vs. Union of India & Ors [1990] INSC 224 (7 August 1990)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
State of Rajasthan Vs. Leela Jain [1964] INSC 195 (16 September 1964)

Headnote :

A. The Research and Analysis Wing (Recruitment, Cadre and Services) Rules, 1975, Rule 135 addresses the exposure of an intelligence officer\'s identity and the implications of compulsory retirement. The R&AW is involved in intelligence operations that are crucial to national security. The term \"sec...

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BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. vs. STATE OF MADHYA PRADESH

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 325 SC

Headnote :

IMPORTANTThe Transit Marine Insurance Policy only covers risks related to the transportation of goods; it does not include coverage for the storage and unpacking of cargo.A. Consumer Protection Act, 1986, Section 23 - Transit Marine Insurance Policy - Deficiency in service - The respondent acquired...

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BASIR AHMED SISODIA vs. THE INCOME TAX OFFICER

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 326 SC

Direct Tax Laws
Income Tax Act, 1961

Headnote :

Income Tax Act, 1961, Sections 24 and 68 - Cash credit - Deduction - The factual basis on which the Officer formed his opinion in the assessment order regarding the addition of â‚¹2,26,000 was refuted by affidavits and statements from the relevant unregistered dealers during the penalty proceedings....

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SHIVAKUMAR vs. SHARANABASAPPA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 327 SC

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

Headnote :

CRUCIALRemand orders should not be issued as a matter of course, as unnecessary remands only prolong litigation without advancing the cause of justice.A. Indian Succession Act, 1925, Section 63 - Evidence Act, 1872 Section 68 - Will - Proof - The principles governing the adjudication process regardi...

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ASHISH SETH vs. SUMIT MITTAL

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 328 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

The Contempt of Courts Act, 1971, Section 2(c) addresses contempt of court. Criminal proceedings were initiated against the contemnors and others involved, which were part of the subject matter in a Writ Petition (Criminal). The disputes at hand were commercial in nature. Since the controversy revol...

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UNION OF INDIA vs. U.A.E.EXCHANGE CENTRE

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 329 SC

Companies (Profits) Surtax Act, 1964
Finance Act, 2003
Income Tax Act, 1961

Headnote :

The Foreign Exchange Regulation Act of 1973, Section 29(1)(a), and the Income Tax Act of 1961, Sections 5 and 9, pertain to the status of a liaison office as a permanent establishment in India. The respondent company, incorporated in the UAE, provides remittance services to transfer funds from the U...

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ANEESH KUMAR V. S. vs. STATE OF KERALA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 330 SC

Constitution of India
Kerala High Court Act, 1958

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

Headnote :

NOTICEThe vacancy cannot be filled once the Rank List has expired.A. According to Section 7 of the Kerala High Court Act, 1958, a Full Bench is tasked with addressing only the issues referred to it by a Division Bench and should refrain from evaluating the merits of the case itself. However, the Ful...

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ARVIND SINGH vs. STATE OF MAHARASHTRA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 331 SC

CrPC Section 164. Recording of confessions and statements
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 363. Punishment for kidnapping
IPC Section 364A. Kidnapping for ransom, etc.
IPC Section 84. Act of a person of unsound mind

V. V [2001] INSC552 (18 October 2001)
Union of India & Ors Vs. V [2001] INSC 600 (6 November 2001)

Headnote :

CRUCIALIf the accused wishes to assert any specific fact that cannot be established from the prosecution\'s evidence, it is the responsibility of the accused to cross-examine the relevant witnesses accordingly.A. Indian Penal Code, 1860, Sections 302 and 364A in conjunction with Section 34 - Murder...

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UNION OF INDIA vs. M/S EXIDE INDUSTRIES LTD

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 332 SC

Constitution of India
Income Tax Act, 1961

Anant Mills Co. Ltd. Vs. State of Gujarat & Ors [1975] INSC 9 (21 January 1975)

Headnote :

CRUCIALWhen assessing the constitutional validity of a provision, the Court must first verify the existence of the enacting power. Once this power is confirmed, the next step is to determine whether the enacted provision infringes upon any rights protected under Part III of the Constitution.Leave en...

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FIRM RAJASTHAN UDYOG vs. HINDUSTAN ENGINEERING AND INDUSTRIES LTD.

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 333 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

CRUCIALThe execution of an award is limited to what has been granted and cannot extend beyond that.A. Arbitration Act, 1940, Section 17 - An arbitrator\'s award determining the price of land - The viability of a suit for specific performance - An agreement was made between the parties for the sale o...

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MOHD. ASIF NASEER vs. WEST WATCH COMPANY THROUGH ITS PROPERTIER

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 334 SC

Code of Civil Procedure, 1908 (CPC)

U. Sree Vs. U. Srinivas [December 11, 2012]
Shiv Kumar Vs. State of Haryana [1994] INSC 284 (4 May 1994)

Headnote :

IMPORTANTEviction notice, when provided in writing, does not need to be sent exclusively via registered post. The key requirement is that the landlord has issued a notice to the tenant.A. According to the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, Sections 21(1)(a) and...

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SUJATA KOHLI vs. REGISTRAR GENERAL HIGH COURT OF DELHI

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 335 SC

Constitution of India
Delhi Higher Judicial Service Rules, 1970

Headnote :

A. According to Rule 27 of the Delhi Higher Judicial Service Rules, 1970, regarding grading in ACRs and eligibility for promotion, the Administrative and General Supervision Committee of the High Court determined that the position of Principal Judge of the Family Court is equivalent to that of a Dis...

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PAUL vs. T. MOHAN

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 336 SC

Chit Funds Act, 1982
Chit Funds Act, 1982
Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The Indian Chit Funds Act, 1982, Section 64(1)(A), along with the Civil Procedure Code, 1908, Order 21, Rule 89, pertains to the sale of property and the process of setting aside an auction. In this case, the respondent acted as a guarantor for a chit fund taken out by a borrower who failed to make...

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KANWAL TANUJ vs. STATE OF BIHAR

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 337 SC

Constitution of India
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law
Prevention of Corruption Act, 1988

Headnote :

A. Under the Delhi Special Police Establishment Act of 1946, Section 6, and the Indian Penal Code of 1860, Sections 120B, 420, 467, 468, and 471, as well as Section 13(1)(d) of the Prevention of Corruption Act of 1988, the CBI is conducting an investigation into significant corruption and the misapp...

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M/S TRIPOWER ENTERPRISES (PRIVATE) LIMITED vs. STATE BANK OF INDIA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 338 SC

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

Headnote :

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) - A borrower obtained financial credit from a bank, and a guarantor provided their immovable property as collateral through a mortgage to the bank. The loan was subsequently classi...

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SK. JALALUDDIN vs. STATE OF WEST BENGAL

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 339 SC

Headnote :

According to Rule 133(1) of the West Bengal Co-operative Societies Rules, 2011, the applicants were assigned flats within the Society. However, their membership was terminated due to their failure to pay the remaining balance. This decision was communicated to them by the Registrar of Co-operative S...

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HIRA SINGH vs. Union of India

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 318 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Rajinder Singh Vs. State of Punjab [February 26, 2015]
E. Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau [2008] INSC 415 (11 March 2008)
Reema Aggarwal Vs. Anupam & Ors [2004] Insc 22 (8 January 2004)
Directorate of Enforcement Vs. Deepak Mahajan [1994] INSC 71 (31 January 1994)
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)

Headnote :

CRUCIALWhen a mixture of Narcotic Drugs or Psychotropic Substances is seized alongside one or more neutral substances, the weight of the neutral substances must be included in the assessment of whether the quantity constitutes a \"small or commercial quantity\" of the Narcotic Drugs or Psychotropic...

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CHEBROLU LEELA PRASAD RAO vs. STATE OF A.P.

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 319 SC

Andhra Pradesh Education Act, 1982
Andhra Pradesh Panchayat Raj Act, 1994
Andhra Pradesh Reorganisation Act, 2014
Bombay Land Requisition Act, 1948
Bombay Land Requisition Act, 1948
Constitution of India
Government of India Act, 1935

S.R. Chaudhuri Vs. State of Punjab & Ors [2001] INSC 395 (17 August 2001)
State of Sikkim Vs. Surendra Prasad Sharma [1994] INSC 250 (19 April 1994)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
Edwingson Bareh Vs. State of Assam & Ors [1965] INSC 265 (29 November 1965)
Puranlal Lakhanpal Vs. The President of India & Ors [1961] INSC 129 (30 March 1961)

Headnote :

CRUCIALGranting 100% reservation to Scheduled Tribes in scheduled areas is unconstitutional; the maximum limit is 50%.A. According to Article 244, Paragraph 5(1) of the 5th Schedule of the Constitution of India, 1950, the purpose of Paragraph 5 is to create an egalitarian society and promote socio-e...

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UNION OF INDIA vs. M/S V.V.F.LTD.

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 320 SC

Zile Singh Vs. State of Haryana & Ors [2004] Insc 619 (7 October 2004)
Union of India & Ors Vs. Godfrey Philips India Ltd. [1985] INSC 219 (30 September 1985)
R.K. Garg Vs. Union of India & Ors [1981] INSC 182 (20 October 1981)

Headnote :

IMPORTANTPromissory Estoppel - The principles of promissory estoppel cannot be applied when public interest is at stake.A. Central Excise Act, 1944, Section 5A - Excise Duty - Exemption - The contested Central Excise Exemption Notification involved the government retracting incentives previously off...

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WEST U.P. SUGAR MILLS ASSOCIATION vs. STATE OF UTTAR PRADESH

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 321 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record
Prevention of Corruption Act, 1988
U.P. Sugarcane Supply and Purchase Order, 1954

The Belsund Sugar Co. Ltd. Vs. The State of Bihar & Ors [1999] INSC 256 (10 August 1999)
M. Karunanidhi Vs. Union of India [1979] INSC 45 (20 February 1979)

Headnote :

CRUCIALBoth the Central Government and the State Government possess the authority to determine the price of sugarcane.A. According to the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953, Section 16, the Essential Commodities Act, 1955 Section 3(2)(c), and the Sugarcane (Control) Order,...

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