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NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA vs. ALIMENTA S.A.

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 322 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Limitation Act, 1963
Section 32. Enforcement of Contracts contingent on an event happening
Section 56. Agreement to do impossible act

Headnote :

A. Under the Foreign Awards (Recognition and Enforcement) Act, 1961, specifically Sections 5 and 6, and the Indian Contract Act, 1872, Sections 32 and 56, the parties had agreed that if there was any prohibition on export or any other executive or legislative action by the Government of the country...
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CHANDER MOHAN NEGI vs. STATE OF HIMACHAL PRADESH

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 312 SC

Himachal Pradesh Compulsory Primary Education Act, 1997

Headnote :

The Himachal Pradesh Compulsory Primary Education Act of 1997 addresses the appointment and regularization of teachers. The Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme and the policies for Para Teachers (Lecturer School Cadre), Para Teachers (TGTs), and Para Tea...
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PRAVAKAR MALLICK vs. STATE OF ORISSA

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 313 SC

Constitution of India
Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Act, 2002
Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act, 1975

Headnote :

The Constitution of India, 1950 Article 16(4A) and the Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act, 1975, pertain to the case where the respondents, who are the writ petitioners, were appointed to the Orissa Administrative Service-II (OAS-II)...
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DR. THINGUJAM ACHOUBA SINGH vs. DR. H. NABACHANDRA SINGH

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 314 SC

Constitution of India
Societies Registration Act, 1860

Headnote :

Regulations for Minimum Qualifications of Educators in Medical Institutions under the Societies Registration Act of 1860, 1998.[Paragraph]
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SHANKAR SAKHARAM KENJALE vs. NARAYAN KRISHNA GADE

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 315 SC

Bombay Hereditary Offices Act, 1874
Bombay Land Revenue Code, 1879
Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Indian Trusts Act, 1882

Headnote :

The Transfer of Property Act, 1882, Section 60, along with Sections 3, 4, 5, and 8 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, and Section 90 of the Indian Trusts Act, 1882, addresses the mortgage of land and the right of redemption for a tenant mortgager. In this case, a Watan...
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MAYOR MUNICIPAL CORPORATION vs. GOVIND BAJIRAO NAVPUTE AND ORS.

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 316 SC

Constitution of India
Maharashtra Regional and Town Planning Act, 1966

Headnote :

The Maharashtra Regional and Town Planning Act of 1966, specifically Sections 25 and 26(1), was the basis for a petition challenging the draft development plan notified by the Municipal Corporation of Aurangabad on February 4, 2016. The petitioners argued that the plan was not created in compliance...
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ANJUMAN E SHIATE ALI vs. GULMOHAR AREA SOCIETIES WELFARE GROUP

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 317 SC

Mumbai Municipal Corporation Act, 1888

Headnote :

The Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 outline the requirements for appointing a Director at the Regional Institute of Medical Sciences (RIMS). The Ministry of Health and Family Welfare, Government of India, issued an advertisement for the direct recruitmen...
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RAJASTHAN STATE ROAD TRANSPORT CORPORATION LTD. vs. SMT. MOHANI DEVI

Judgement Date : 15 Apr 2020

Citation : 2020 Latest Caselaw 310 SC

Payment of Gratuity Act, 1972

Headnote :

NOTICEGratuity will be granted if employment is terminated after 5 years of continuous service, which includes resignations.A. According to the Rajasthan Civil Services Pension Rules, 1996, Rule 50 - Regarding Voluntary Retirement - If an application for voluntary retirement is not resolved and rema...
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SUSHILABEN INDRAVADAN GANDHI vs. NEW INDIA ASSURANCE COMPANY LIMITED

Judgement Date : 15 Apr 2020

Citation : 2020 Latest Caselaw 311 SC

Industrial Disputes Act, 1947
Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]
Oriental Insurance Co. Ltd. Vs. Sony Cheriyan [1999] INSC 283 (19 August 1999)
Sumitomo Heavy Industries Ltd. Vs. Ongc Ltd. & Ors [1997] INSC 897 (4 December 1997)
Shankar Balaji Waje Vs. State of Maharashtra [1961] INSC 310 (27 October 1961)
Dharangadhara Chemical Works Ltd. Vs. State of Saurashtra [1956] INSC 74 (23 November 1956)

Headnote :

A. According to Section 2(s) of the Workmen\'s Compensation Act, 1923, there is a distinction between a contract of service and a contract for service. The key test is that in a contract for service, the master can dictate what tasks need to be completed, whereas in a contract of service, the master...
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SHIVRAJ SINGH CHOUHAN vs. SPEAKER MADHYA PRADESH LEGISLATIVE ASSEMBLY

Judgement Date : 13 Apr 2020

Citation : 2020 Latest Caselaw 308 SC

Constitution of India

Headnote :

A. The Constitution of India, 1950, Articles 32, 174, and 175 - Madhya Pradesh Assembly Rules, Rule 276 - Political dispute - Court intervention - Twenty-two members of the INC submitted their resignations, with allegations of opposition complicity in orchestrating these resignations. The Governor r...
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STATE OF ANDHRA PRADESH vs. M/S LINDE INDIA LTD. (FORMERLY BOC INDIA LTD)

Judgement Date : 13 Apr 2020

Citation : 2020 Latest Caselaw 309 SC

Drugs and Cosmetics Act, 1940

State of Haryana Vs. Suresh [2007] Insc 686 (5 June 2007)
State of Rajasthan Vs. Babu Ram [2007] Insc 687 (5 June 2007)
State of Himachal Pradesh Vs. Pawan Kumar [2005] INSC 234 (8 April 2005)
State of Himachal Pradesh Vs. Pawan Kumar [2004] Insc 578 (27 September 2004)
Chimanlal Jagjivandas Sheth Vs. State of Maharashtra [1962] INSC 265 (26 September 1962)

Headnote :

The Drugs and Cosmetic Act of 1940, Section 3(b), and the Andhra Pradesh Value Added Tax Act of 2005, Section 3(3), pertain to the taxation of medicines. Nitrous Oxide is utilized in medical settings as a general anesthetic and in operating rooms for its pain-relieving and anxiety-reducing effects....
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P. GOPINATHAN PILLAI vs. UNIVERSITY OF KERALA

Judgement Date : 08 Apr 2020

Citation : 2020 Latest Caselaw 306 SC

Kerala University Act, 1974

Headnote :

The Kerala University Act of 1974, specifically Sections 2(27) and 2(28), addresses the retirement age of a Project Officer. The appellant was appointed as a Project Officer at the Centre for Adult Continuing Education and Extension and sought a declaration that they were a Teacher of the University...
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RAMJIT SINGH KARDAM vs. SANJEEV KUMAR

Judgement Date : 08 Apr 2020

Citation : 2020 Latest Caselaw 307 SC

Constitution of India

Lila Dhar Vs. State of Rajasthan & Ors [1981] INSC 142 (19 August 1981)

Headnote :

CRUCIALIn cases where no selection criteria have been published and candidates have participated in the selection process without knowledge of these criteria, they cannot be barred from contesting the selection criteria and the entire selection process, even after their participation.A. Right to Cha...
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IN RE GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID 19 PANDEMIC

Judgement Date : 06 Apr 2020

Citation : 2020 Latest Caselaw 305 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Article 142 - The recent COVID-19 outbreak in various countries, including India, has made it essential to implement immediate measures for social distancing to curb the spread of the virus. Utilizing the powers granted to it, the Supreme Court of India has directed...
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BHAGWAT SHARAN vs. PURUSHOTAM

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 301 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Shrinivas Krishnarao Kango Vs. Narayan Devji Kango & Ors [1954] INSC 32 (23 March 1954)

Headnote :

In the context of Hindu Undivided Family (HUF) property, the responsibility to provide evidence lies with the individual who claims the existence of an HUF. This individual must demonstrate not only the joint ownership of the property but also the joint nature of the family and their cohabitation. T...
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UNION OF INDIA vs. R THIYAGARAJAN

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 302 SC

Disaster Management (National Disaster Response Force) Rules, 2008
Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005

Prasar Bharti & Ors Vs. Amarjeet Singh & Ors [2007] Insc 95 (2 February 2007)

Headnote :

The Disaster Management Act of 2005, specifically Section 44, along with the Disaster Management (National Disaster Response Force) Rules of 2008, Rule 3, pertains to the deputation allowance. The respondent, who is employed by the CISF, had entire battalions assigned to the Director General of the...
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SAI WARDHA POWER GENERATION LIMITED vs. TATA POWER COMPANY LIMITED DISTRIBUTION

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 303 SC

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

Headnote :

The Electricity Act, 2003 Section 2(72) addresses the imposition of wheeling charges. The appellant, TPC, was granted an integrated license for electricity supply. HPCL has been receiving electricity from TPC via its 22 kV distribution network since 1955. In 2005, HPCL requested TPC to provide addit...
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NEW DELHI TELEVISION LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 304 SC

Income Tax Act, 1961

Headnote :

A. Under Section 143 of the Income Tax Act, 1961, concerning undisclosed income and the reopening of assessments, the assessing officer is only required to form a prima facie opinion that certain income has escaped assessment when issuing a notice for reopening. The information revealed in the asses...
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RAJA @ AYYAPPAN vs. STATE OF TAMIL NADU

Judgement Date : 01 Apr 2020

Citation : 2020 Latest Caselaw 299 SC

Constitution of India
CrPC Section 164. Recording of confessions and statements
Explosive Substances Act, 1908
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
Prevention of Corruption Act, 1988
Unlawful Activities (Prevention) Act, 1967

Kartar Singh & Ors Vs. State of Punjab [1996] INSC 13 (4 January 1996)
Kartar Singh Vs. State of Punjab [1994] INSC 172 (11 March 1994)
Kartar Singh Vs. State of Punjab [1961] INSC 189 (26 April 1961)
Kartar Singh & Ors Vs. The State of Punjab [1956] INSC 32 (26 April 1956)

Headnote :

A. Under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, and Section 24 of the Evidence Act, 1872, the provisions regarding confessions under the TADA Act are distinct and self-contained. Section 15(1) of the TADA Act establishes a separate framework for recording confe...
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ALEMBIC PHARMACEUTICALS LTD vs. ROHIT PRAJAPATI

Judgement Date : 01 Apr 2020

Citation : 2020 Latest Caselaw 300 SC

Constitution of India

Common Cause Vs. Union of India [MAY 13, 2015]
Common Cause Vs. Union of India [APRIL 23, 2014]
Common Cause Vs. Union of India & Ors [2003] INSC 513 (8 October 2003)

Headnote :

A. According to Section 3 of the Environment Protection Act, 1986, and the Water Act along with the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, obtaining environmental clearance (EC) is essential. Industries that have implemented additional measures, such as the in...
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M. SUBRAMANIAM vs. S. JANAKI

Judgement Date : 20 Mar 2020

Citation : 2020 Latest Caselaw 296 SC

Constitution of India
CrPC Section 154. Information in cognizable cases
Indian Penal Code, 1860 (IPC)

Dilawar Singh Vs. State of Delhi [2007] Insc 895 (5 September 2007)

Headnote :

IMPORTANTFor filing a First Information Report - An aggrieved individual should not approach the High Court, but instead should seek relief from the relevant Magistrate under section 156(3) of the CrPC, 1973.According to Article 136 of the Constitution of India, 1950, and Sections 154 and 156(3) of...
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PAWAN KUMAR GUPTA vs. STATE OF NCT OF DELHI

Judgement Date : 20 Mar 2020

Citation : 2020 Latest Caselaw 297 SC

Constitution of India

Mukesh Kumar Vs. Union of India & Ors [2007] Insc 897 (5 September 2007)

Headnote :

IMPORTANTMercy petition - Torture in prison is not a valid reason for judicial review of an executive order under Section 72 of the Constitution of India.According to the Constitution of India, 1950, Articles 32 and 72, and the Indian Penal Code, 1860, Section 34, the President\'s rejection of a mer...
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GURCHARAN SINGH vs. ANGREZ KAUR

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 284 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Transfer of Property Act, 1882

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

Headnote :

A. Under Section 17 of the Registration Act, 1908, a decree that establishes rights in property does not require registration. The defendants acquired rights, title, and interest in the disputed property through a decree from a previous lawsuit involving the original owner and the defendants. In tha...
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RAJASTHAN STATE ELECTRICITY BOARD JAIPUR vs. THE DY. COMMISSIONER OF INCOME TAX (ASSESSMENT)

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 285 SC

Income Tax Act, 1961

Headnote :

IMPORTANTDemand for additional tax - The responsibility to prove that the taxpayer attempted to evade tax lies with the Revenue, which must establish the relevant facts and circumstances.According to Section 143(1-A) of the Income Tax Act, 1961, the demand for additional tax can only be applied when...
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STATE OF UTTAR PRADESH vs. VIJAY SHANKAR DUBEY

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 286 SC

Headnote :

IMPORTANTRevised Pay Scale - When a benefit is introduced for the first time for a specific group of employees, the State has the authority to establish a reasonable cut-off date. It is not mandatory for the State to apply the benefit retroactively from the date of the Fifth Pay Commission\'s recomm...
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DHANPAT vs. SHEO RAM

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 287 SC

Hindu Succession Act, 1956
Indian Evidence Act, 1872
Indian Succession Act, 1925
Punjab Courts Act, 1918
Punjab Courts Act, 1918

Headnote :

A. According to Section 63 of the Succession Act, 1925, and Sections 65(c) and 68 of the Evidence Act, 1872, regarding the execution of a Will, secondary evidence is permissible when the original Will is in the possession of a beneficiary and is claimed to be lost. In this case, the Will dates back...
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RAM CHANDRA PRASAD SINGH vs. SHARAD YADAV

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 288 SC

Constitution of India

Ravi S. Naik Vs. Union of India [1994] INSC 102 (9 February 1994)

Headnote :

The Constitution of India, 1950, Article 102(2) in conjunction with paragraph 6 of the Tenth Schedule addresses the disqualification of a Member of Parliament (Rajya Sabha) and the declaration of a seat as vacant by the Chairman of the Rajya Sabha. The High Court\'s refusal to allow the submission o...
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SHYAM SAHNI vs. ARJUN PRAKASH

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 289 SC

David Jude Vs. Hannah Grace Jude & Ors [2003] INSC 330 (30 July 2003)

Headnote :

CRUCIALTo guarantee the attendance of parties in contempt proceedings, the Court has the authority to issue suitable orders, which may include the surrender of passports.According to the Civil Procedure Code of 1908, Order 39, Rule 2A, and the Contempt of Courts Act of 1971, Sections 10 and 12, fail...
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NAND RAM vs. JAGDISH PRASAD

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 290 SC

Kerala Land Conservancy Act, 1957
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Section 116. TPA, Effect of holding over.
Transfer of Property Act, 1882

Headnote :

CRUCIALThe lessee remains responsible to the lessor until possession is formally returned to the lessor. The lessee\'s ongoing possession indicates their assertion that the tenancy, in any form, is still in effect.A. Under the Land Acquisition Act, 1894, Section 30, and the Civil Procedure Code, 190...
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AKSHAY KUMAR SINGH vs. UNION OF INDIA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 291 SC

Constitution of India
CrPC Section 433. Power to commute sentence

Mukesh Kumar Vs. Union of India & Ors [2007] Insc 897 (5 September 2007)
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

A. Under Articles 32 and 72 of the Constitution of India, 1950, the President\'s rejection of a mercy petition from a co-accused in the Nirbhaya Gang Rape case demonstrates that the scope for judicial review of the President\'s decision is quite limited. There is no indication of the President faili...
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B.K. PAVITHRA vs. UNION OF INDIA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 292 SC

Delhi Administration Vs. Gurdip Singh Uban & Ors [1999] INSC 288 (20 August 1999)

Headnote :

IMPORTANTKarnataka Reservations Act, 2018 - Miscellaneous applications contesting the Constitutional validity are not permissible - Applicants are instructed to seek a substantive remedy for contesting the actions taken by the State government in separate proceedings.Constitution of India, 1950 Arti...
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BENEDICT DENIS KINNY vs. TULIP BRIAN MIRANDA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 293 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste
Mumbai Municipal Corporation Act, 1888
Prevention of Corruption Act, 1988
Representation of the People Act, 1951

Election Commission of India Through Secretary Vs. Ashok Kumar & Ors [2000] INSC 459 (30 August 2000)
L. Chandra Kumar Vs. The Union of India & Ors [1994] INSC 630 (2 December 1994)
L. Chandra Kumar Vs. Union of India & Ors [1994] INSC 633 (2 December 1994)

Headnote :

NOTICEThe High Court has the authority to issue interim orders in its writ jurisdiction to preserve the status quo, ensuring that the relief sought in the writ petition does not become ineffective by the time a final decision is reached.A. Under Section 5B of the Mumbai Municipal Corporation Act, 18...
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MUKESH vs. STATE OF NCT OF DELHI

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 294 SC

Constitution of India

Headnote :

Article 32 of the Constitution of India, 1950 - Conviction - The petitioner argued that the evidence was not properly considered. However, the petitioner was given ample opportunity, and after reviewing the evidence, the conviction was confirmed by the High Court on appeal. The criminal appeal prese...
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FOOD CORPORATION OF INDIA vs. BRIHANMUMBAI MAHANAGAR PALIKA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 295 SC

Constitution of India
Food Corporations Act, 1964
Government of India Act, 1935
Gujarat Municipalities Act, 1963
Mumbai Municipal Corporation Act, 1888

Headnote :

The Constitution of India, 1950, Article 285, along with the Mumbai Municipal Corporation Act, 1888, Sections 144(2) and 146, addresses property tax exemptions. The Government of Bombay acquired land for the Government of India before 1964, on which the Government of India built warehouses for food...
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RAJASTHAN HIGH COURT vs. VED PRIYA

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 277 SC

Rajasthan Judicial Service Rules, 1955

Headnote :

IMPORTANTJudicial Service - A probationer is not protected under Article 311 of the Constitution - A consistent rating of `Good\' in the probationer\'s ACR does not provide grounds for granting him the right to remain in service - It is also essential to analyze non-quantifiable factors.A. Constitut...
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MANAGING COMMITTEE BHERAMARI A.M. HIGH MADRASAH vs. STATE OF WEST BENGAL

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 278 SC

Headnote :

According to the Management of Recognised Non-Government Madrasahs (Aided and Unaided) Rules, 2002, specifically Rule 5(11) and 8, if the Head of a Madrasah does not convene a meeting to approve the election program for the formation or reformation of the Committee, the District Inspector of Schools...
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BHARAT COKING COAL LTD. vs. AMR DEV PRABHA

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 279 SC

Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)

Headnote :

CRUCIALThe judicial interpretation of commercial contracts is fundamentally different from the interpretation of statutes.A. Constitution of India, 1950 Article 14 - Cancellation of Tender - The Notice Inviting Tender issued by the appellant for the hiring of HEMM for overburden removal, coal extrac...
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EX-GUNNER VIRENDER PRASAD vs. UNION OF INDIA

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 280 SC

Army Act, 1950

Gopal Singh Vs. State of Uttarakhand [february 08, 2013]

Headnote :

A. Under the Criminal Procedure Code of 1973, Section 433A, and the Army Act of 1950, Section 69, regarding the civil offense of murder and sentencing with remission: The appellant, who was stationed in the Kashmir region, committed the murder of a fellow soldier. Following the incident, he exited h...
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BHAGWAN SINGH vs. STATE OF UTTARAKHAND

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 281 SC

Indian Penal Code, 1860 (IPC)
IPC Section 2. Punishment of offences committed within India
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 307. Attempt to murder
IPC Section 308. Attempt to commit culpable homicide

Headnote :

The Indian Penal Code of 1860, specifically Sections 300 and 304 Part II, addresses culpable homicide and the conviction related to it. During his son\'s wedding, the appellant discharged a licensed firearm towards the ceiling, resulting in injuries to five individuals, two of whom died and one sust...
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JEETENDRA vs. STATE OF MADHYA PRADESH

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 282 SC

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

Headnote :

IMPORTANTBail cannot be denied solely because the closure report has not yet been accepted.According to Section 439 of the Criminal Procedure Code, 1973, the rejection of a bail application is under appeal. The case against the accused appellant involves the submission of a forged document of reside...
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WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. vs. M/S. SONA PROMOTERS PVT. LTD.

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 283 SC

Transfer of Property Act, 1882
West Bengal Apartment Ownership Act, 1972
West Bengal Government Premises (Tenancy Regulation) Act, 1976

Headnote :

A. According to Section 2(b) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976, the West Bengal Small Industries Development Corporation, which was established to allocate industrial plots at reduced rates for factory setup, qualifies as a corporation. This corporation is registe...
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JOINT LABOUR COMMISSIONER AND REGISTERING OFFICER vs. KESAR LAL

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 266 SC

Building and Other Construction Workers Welfare Cess Act, 1996
Consumer Protection Laws

Bihar School Examination Board Vs. Suresh Prasad Sinha [2009] INSC 1533 (4 September 2009)
Lucknow Development Authority Vs. M.K. Gupta [1993] INSC 483 (5 November 1993)

Headnote :

IMPORTANTConstruction workers who are beneficiaries of the Scheme are considered \"consumers\".According to the Building and Other Construction Workers\' (Regulation of Employment and Conditions of Service) Act, 1996, specifically Sections 2(b), 12, and 24, as well as Section 2(d) of the Consumer Pr...
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BANK OF BARODA vs. KOTAK MAHINDRA BANK LTD.

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 267 SC

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

Headnote :

IMPORTANTSection 44A of the CPC allows the Court to execute a decree by stipulating that the same procedures used for executing Indian decrees should be followed; however, it does not specify a limitation period for filing such execution petitions.The limitation period for executing a decree issued...
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BENGALURU DEVELOPMENT AUTHORITY vs. MR. SUDHAKAR HEGDE

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 268 SC

Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Forest (Conservation) Act, 1980
Right to Information Act, 2005
Wild Life (Protection) Act, 1972

V. V [2001] INSC552 (18 October 2001)

Headnote :

A. Under Section 3(2) of the Environment Protection Act, 1986, and Section 19(1) of the Bangalore Development Authority Act, the construction of a road requires environmental clearance. The Ministry of Environment and Forests (MoEF) issued a notification on January 27, 1994, which imposed restrictio...
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AARIFABEN YUNUSBHAI PATEL vs. MUKUL THAKOREBHAI AMIN

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 269 SC

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

Headnote :

The Civil Procedure Code of 1908, Order 21 Rule 90, in conjunction with Section 14 of the Limitation Act of 1963, states that the time spent by an applicant pursuing other civil proceedings with due diligence may be excluded from the limitation period if those proceedings were conducted in good fait...
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PALANIAMMAL vs. KAMALAKANNAN

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 270 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, Section 66(1) pertains to the auction of property. In this case, the property was auctioned due to a mortgage taken out by the owner, who was significantly in debt to multiple creditors, including one individual referred to as N. The owner did not contest the court\...
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COUNCIL OF ARCHITECTURE vs. MR. MUKESH GOYAL

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 271 SC

Advocates Act, 1961
Architects Act, 1972
Constitution of India
Indian Medical Council Act, 1956

Headnote :

IMPORTANTArchitects Act - There is no restriction on individuals not registered with the Council of Architecture using the title \"Architect\".Architects Act - The titles \"Architect\", \"Associate Architect\", or any similar designation that includes the term \"Architect\" cannot be used by anyone...
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SUBODH KUMAR vs. COMMISSIONER OF POLICE

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 272 SC

Corrigendum
Delhi Police (Appointment & Recruitment) Rules, 1980

Headnote :

IMPORTANTRecruitment and Promotion - The ineligibility to participate in the 10% portion of the 50% quota reserved for direct recruitment from serving personnel (constables, head constables, and ASIs) does not violate Articles 14 and 16 of the Constitution.According to the Constitution of India, 195...
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BHARAT PETROLEUM CORP.LTD. vs. ANIL PADEGAONKAR

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 273 SC

Gwalior

Headnote :

Bharat Petroleum Limited\'s Conduct, Discipline and Appeal Rules for Management Staff, 1976, specifically Rule 3(e), (g), and (h), along with Clause 6 and 10, Part III-A and Part III-B(2)(f) – Regarding dismissal from service – Reinstatement was sought on the grounds that the Functional General...
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UNION OF INDIA vs. LD CDR ANNIE NAGARAJA

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 274 SC

Army Act, 1950
Army Rules, 1954
Navy Act, 1957

Headnote :

IMPORTANTWomen who are appointed as Short Service Commissioned Officers in the Indian Navy are eligible for Permanent Commission.A. According to Section 9 (2) of the Navy Act, 1957 - Women Short Service Commissioned Officers - Grant of Permanent Commission - On 9 October 1991, the Union Government i...
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