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M/S ASVA POWER SYSTEMS INDIA PVT. LTD. vs. COMMISSIONER, DIRECTORATE OF LOGISTICS

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 275 SC

Headnote :

Tender - Interim relief - The order issued in SLP (Civil) No. 5472 of 2020 shall be considered as an order applicable to the current petition as well - Interim relief has been granted.

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SAJAN vs. STATE OF MAHARASHTRA

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 276 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A. Under the Land Acquisition Act of 1894, specifically Sections 4 and 18, regarding land acquisition, a 40% deduction for development costs was deemed excessive. The general rule allows for a one-third deduction for development; however, since the land was acquired for the Hiwra Dam project, much o...

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SADHNA CHAUDHARY vs. STATE OF UTTAR PRADESH

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 255 SC

Judicial Officers Protection Act, 1850
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

IMPORTANTDismissal from service - Judges are not accountable for the outcomes or consequences of their rulings.According to Article 133 of the Constitution of India, 1950, regarding judgments in land acquisition cases - the initiation of disciplinary action leading to dismissal from the Uttar Prades...

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COMMISSIONER OF CENTRAL EXCISE, NAGPUR vs. M/S UNIVERSAL FERRO & ALLIED CHEMICALS LTD.

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 256 SC

Central Excise Act, 1944
Customs Act, 1962
Customs Tariff Act, 1975
Sale of Goods Act, 1930

State of Bihar & Ors Vs. Bihar Distillery Ltd. [1996] INSC 1546 (3 December 1996)
Sultana Begum Vs. Prem Chand Jain [1996] INSC 1580 (10 December 1996)
M. Karunanidhi Vs. Union of India [1979] INSC 45 (20 February 1979)

Headnote :

IMPORTANTThe terms `sale\' and `purchase\' as defined under the Central Excise Act encompass the transfer of possession of goods in exchange for valuable consideration.Goods produced and manufactured by an Export Oriented Unit (EOU) entirely from raw materials sourced in India do not require permiss...

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M/S CONNECTWELL INDUSTRIES PVT.LTD. VS. UNION OF INDIA THROUGH THE MINISTRY OF FINANCE

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 257 SC

Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, specifically Schedule II, Rules 2 and 16, addresses the purchase of property at auction sales and the attachment of property for the recovery of debts. In this case, the sale of property was conducted following an order from the Debt Recovery Tribunal (DRT) concerning a p...

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M.VANAJA vs. M.SARLA DEVI

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 258 SC

Headnote :

IMPORTANTHindu Adoptions and Maintenance Act - An adoption is not valid unless it is conducted with the consent of the wife and includes an actual adoption ceremony.A. Under the Hindu Adoptions and Maintenance Act, 1956, specifically Sections 7 and 11(6), a suit for declaration and partition by an a...

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INDIAN SOCIAL ACTION FORUM vs. UNION OF INDIA

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 259 SC

Constitution of India
Foreign Contribution (Regulation) Act, 2010
Protection of Human Rights Act, 1993

Headnote :

IMPORTANTAccording to the Foreign Contribution (Regulation) Act, organizations that support public causes without political objectives cannot be classified as political organizations and are therefore not prohibited from receiving foreign contributions.The Constitution of India, 1950, Articles 14, 1...

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M/S NANDAN BIOMATRIX LTD. vs. S.AMBIKA DEVI

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 260 SC

Seeds Act, 1966

Headnote :

IMPORTANTConsumer Protection - A farmer qualifies as a \"consumer\" under Section 2(d) of the 1986 Act due to the nature of the transaction involving resale or being for a commercial purpose.According to Section 2(d) of the Consumer Protection Act, 1986 - Dismissal of complaint - Is the complainant/...

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FOOD CORPORATION OF INDIA vs. M/s. V.K. Traders

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 261 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

Blacklisted rice mills - Allocation of paddy - New lessees have taken over blacklisted rice mills, but reliance on the lease agreements purportedly made between the defaulting rice millers and these new entities is misplaced, as they do not meet the statutory requirements outlined in section 17(1)(d...

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POONAM DEVI vs. ORIENTAL INSURANCE CO. LTD.

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 262 SC

Headnote :

IMPORTANTWorkmen\'s Compensation - The concept of notional extension - Safe travel is to be regarded as a part of employment through the application of the notional employment theory.According to Section 4A(3)(b) of the Workmen\'s Compensation Act, 1923 - Compensation with interest from the date of...

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INDORE DEVELOPMENT AUTHORITY vs. MANOHARLAL

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 263 SC

Bombay Municipal Corporation Act, 1888
Central Excises and Salt Act, 1944
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
General Clauses Act, 1897
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Mohan Lal Vs. State of Rajasthan [April 17, 2015]
Ram Kishan & Ors Vs. State of Haryana & Ors [November 27, 2014]
Tika Ram & Ors Vs. State of U.P. & Ors [2009] INSC 1559 (9 September 2009)
Chandrika Prasad Yadav Vs. State of Bihar & Ors [2004] Insc 222 (5 April 2004)
Zile Singh Vs. State of Haryana & Ors [2004] Insc 619 (7 October 2004)
South Eastern Coalfields Ltd. Vs. State of M.P. & Ors [2003] INSC 404 (25 August 2003)
Urban Improvement Trust, Udaipur Vs. Bheru Lal & Ors [2002] INSC 397 (20 September 2002)
Bhavnagar University Vs. Palitana Sugar Mill Pvt. Ltd. & Ors [2002] INSC 511 (3 December 2002)
Mohan Lal Vs. State of Rajasthan [2002] INSC 513 (3 December 2002)
The Oriental Insurance Co. Ltd. Vs. Hansrajbhai Vs. Kodala & Ors [2001] INSC 192 (4 April 2001)
Mohammed Gazi Vs. State of M.P. & Ors [2000] INSC 171 (31 March 2000)
Samee Khan Vs. Bindu Khan [1998] INSC 446 (1 September 1998)
Tamil Nadu Housing Board Vs. A. Viswam [1996] INSC 224 (9 February 1996)
Ajay Krishan Shinghal Vs. Union of India & Ors [1996] INSC 893 (6 August 1996)
Gian Chand Vs. Gopala & Ors [1995] INSC 66 (18 January 1995)
K.S. Paripoornan Vs. State of Kerala [1994] INSC 469 (12 September 1994)
Ismail Faruqui Vs. Union of India [1994] INSC 547 (24 October 1994)
Union of India & Ors Vs. Filip Tiago De Gama of Vedem Vasco De Gama [1989] INSC 367 (30 November 1989)
Madhu Gopal Vs. Vi Additional District Judge & Ors [1988] INSC 300 (26 September 1988)
Motiram Ghelabhai Vs. Jagan Nagar & Ors [1985] INSC 41 (28 February 1985)
State of West Bengal & Ors Vs. Swapan Kumar Guha & Ors [1982] INSC 13 (2 February 1982)
Sunil Kumar Banerjee Vs. State of West Bengal & Ors [1980] INSC 52 (26 March 1980)
State of Rajasthan Vs. Leela Jain [1964] INSC 195 (16 September 1964)

Headnote :

IMPORTANTAcquisition proceedings initiated under the Land Acquisition Act of 1894 will not be considered lapsed under Section 24(2) of the 2013 Act if compensation has been deposited in the treasury instead of the court.The term \"or\" used in Section 24(2) between possession and compensation should...

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GAURI ROHAN BEDEKAR vs. SUJATA SANJAY BEDEKAR

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 264 SC

Headnote :

The Criminal Procedure Code, Section 188 - Approval for prosecution - The Central Government can grant approval under Section 188 even after the offence has been acknowledged - There is no requirement to halt further investigation into the FIR.

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UNION OF INDIA vs. M.V. MOHANAN NAIR

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 246 SC

Constitution of India

Indian Oil Corporation Ltd. Vs. State of Bihar & Ors [1986] INSC 170 (13 August 1986)

Headnote :

IMPORTANTThe MACP Scheme, which provides financial up-gradation to the next grade pay rather than the grade pay of the next promotional level, is not unfair.A. According to Rule 3(7) of the Central Civil Services (Revised Pay) Rules, 2008 - Under the Modified Assured Career Progression Scheme (MACP)...

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MANKASTU IMPEX PRIVATE LIMITED vs. AIRVISUAL LIMITED

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 247 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)

Union of India Vs. Hardy Exploration and Production (India) INC [May 01, 2018]
Union of India Vs. Hardy Exploration and Production (India) INC [September 25, 2018]
Bharat Aluminium Company Vs. Kaiser Aluminium Technical Services Inc. [January 28, 2016]

Headnote :

CRUCIALThe seat of arbitration is a critical element in any arbitration process - it establishes the governing law, the arbitration procedures, and the scope of judicial review over the arbitration award.A. According to Sections 11(6) and 20 of the Arbitration and Conciliation Act, 1996, the seat of...

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COMMISSIONER OF INCOME TAX UDAIPUR vs. M/S CHETAK ENTERPRISES PVT. LTD.

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 248 SC

Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, Section 80IA(4)(i)(b), pertains to deductions for operating infrastructure facilities. In this case, the assessee, who was involved in collecting road tax, sought a deduction for the relevant assessment year. An agreement had been made between the previous partnership fir...

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MANOJ SURYAVANSHI vs. STATE OF CHHATISGARH

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 249 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 364. Kidnapping or abducting in order to murder

Headnote :

CRUCIALIssuing a sentence on the same day as the conviction is not inherently flawed.A. Indian Penal Code, 1860 Sections 302 and 364; Evidence Act, 1872 Section 3 - Kidnapping and murder - Conviction based on circumstantial evidence - The accused kidnapped and murdered three children aged approximat...

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M/S. SUPER MALLS PRIVATE LIMITED. vs. PRINCIPAL COMMISSIONER OF INCOME TAX 8

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 250 SC

Income Tax Act, 1961

Headnote :

IMPORTANTIncome Tax - Search and Seizure - When the Assessing Officer (AO) for both the searched individual and the other individual is the same, it is adequate for the AO to simply state in the satisfaction note that the documents seized from the searched individual belong to the other individual.A...

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M.S.BHAVANI vs. M.S.RAGHU NANDAN

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 251 SC

Headnote :

Self-acquired property - Sale deed - Validity - Did the right granted to the mother have an absolute nature? - A dispute has arisen between a sister and brother regarding the property in question - The right granted to the mother under the Will was indeed an absolute right - The language of the Will...

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UCO BANK vs. NATIONAL TEXTILE CORPORATION LTD.

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 252 SC

Textile Undertakings (Nationalisation) Act, 1995

Headnote :

The Textile Undertakings (Nationalisation) Act, 1995, Sections 4 and 20 - Management takeover - Responsibility for outstanding payments - Jurisdiction - Management of the textile mill was taken over by the NTC - At the time of nationalisation, the mills had a credit facility with the appellant Bank...

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PHARMACY COUNCIL OF INDIA vs. DR.S.K.TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 253 SC

Architects Act, 1972
Bachelor of Pharmacy (Practice) Regulations, 2014
Education Regulations, 1991
Pharmacy Act, 1948
Pharmacy Practice Regulations, 2015

Nasiruddin & Ors Vs. Sita Ram Agarwal [2003] INSC 28 (28 January 2003)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [2002] INSC 455 (31 October 2002)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [2002] INSC495 (25 November 2002)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [1996] INSC 935 (9 August 1996)
T.M.A. Pai Foundation Vs. State of Karnataka [1994] INSC 220 (5 April 1994)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [1994] INSC 323 (13 May 1994)
Ajeet Singh Singhvi Vs. State of Rajasthan & Ors [1991] INSC 56 (20 February 1991)
Ajoy Kumar Banerjee & Ors Vs. Union of India & Ors [1984] INSC 63 (21 March 1984)

Headnote :

CRUCIALThe Pharmacy Act takes precedence over the All India Council for Technical Education Act regarding the recognition of pharmacy degrees and diplomas.A. According to Section 2(g) of the All India Council for Technical Education Act, 1987, and Sections 10 and 12 of the Pharmacy Act, 1948, the Ph...

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SUBORNO BOSE vs. ENFORCEMENT DIRECTORATE AND ANR

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 254 SC

Headnote :

The Foreign Exchange Management Act of 1999, specifically Section 10(6) in conjunction with Sections 46, 47, and 16(3), addresses violations by the previous management of a company. The Deputy Director of the Enforcement Directorate, acting as the adjudicating authority, has initiated complaint proc...

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TULSA DEVI NIROLA vs. RADHA NIROLA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 233 SC

Indian Succession Act, 1925

Headnote :

IMPORTANTFamily Pension - The deceased husband lived with his second wife - The succession certificate granted to the second wife is deemed valid.According to the Indian Succession Act, 1925, Section 372 and Pension Rules Rule 40(6)(a)(i) - Family pension is awarded to the second wife - The first wi...

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STATE OF GOA vs. NARAYAN V. GAONKAR

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 234 SC

Goa, Daman And Diu Land Revenue Code, 1968

Headnote :

The Goa, Daman and Diu Land Revenue Code of 1968, specifically Sections 14 and 36, pertains to forest property where the forest department has exclusive possession. In this case, a counterclaim was made, and the name of the Forest Department was recorded in relation to the property in question. The...

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ANKIT ASHOK JALAN vs. UNION OF INDIA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 235 SC

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitution of India
General Clauses Act, 1897
National Security Act, 1980
Preventive Detention Act, 1950

Jayanarayan Sukul Vs. State of West Bengal [1969] INSC 324 (5 November 1969)

Headnote :

Uday Umesh Lalit, J. (agreeing)A. Constitution of India, 1950 Article 32 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 3(1) Detention Order - Is the Detaining Authority justified in postponing the consideration of a representation until the opinion of the...

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CHIEF INFORMATION COMMISSIONER vs. HIGH COURT OF GUJARAT

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 236 SC

Constitution of India
Official Secrets Act, 1923
Supreme Court Rules, 2013

Raj Kumar Yadav Vs. Samir Kumar Mahaseth & Ors [2005] INSC 164 (11 March 2005)
Ajoy Kumar Banerjee & Ors Vs. Union of India & Ors [1984] INSC 63 (21 March 1984)

Headnote :

IMPORTANTCertified Copies - A third party\'s right to request certified copies must follow the Gujarat High Court Rules established by the High Court, rather than relying on the provisions of the Right to Information Act.According to the Right to Information Act, 2005, Sections 19, 22, and 28, and t...

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NIRMALA KOTHARI vs. UNITED INDIA INSURANCE CO.LTD.

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 237 SC

Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]
National Insurance Co. Ltd. Vs. Swaran Singh & Ors [2004] Insc 12 (5 January 2004)

Headnote :

IMPORTANTMotor Vehicles - Insurance companies cannot deny compensation based on a driver\'s fake driving license.According to the Motor Vehicles Act, 1988, Section 149(2)(a) and 149(2)(a)(ii) - In cases of fatalities resulting from accidents, the presence of a fake driving license does not automatic...

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INTERNET AND MOBILE ASSOCIATION OF INDIA vs. RESERVE BANK OF INDIA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 238 SC

Banking Regulation Act, 1949
Central Goods and Services Tax Act, 2017
Coinage Act, 2011
Companies Act, 2013
Constitution of India
Financial Action Task Force (FATF)
Income Tax Act, 1961
Payment and Settlement Systems Act, 2007
Prize Chits and Money Circulation Schemes (Banning) Act, 1978
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Reserve Bank of India Act, 1934
Sale of Goods Act, 1930
Securities Contracts (Regulation) Act, 1956

State of Rajasthan & Ors Vs. Basant Nahata [2005] Insc 474 (7 September 2005)
Ramanathan Vs. State of Tamil Nadu [1978] INSC 85 (18 April 1978)

Headnote :

IMPORTANTCryptocurrencies, also known as virtual currencies, are not recognized as legal tender; however, they can perform many of the functions of traditional currency.Cryptocurrencies can be classified under the category of \"other similar instruments\" as specified in Section 2(h) of FEMA, 1999.T...

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MANAGING DIRECTOR CHHATTISGARH STATE CO OPERATIVE BANK MARYADIT vs. ZILA SAHKARI KENDRIYA BANK MARYADIT

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 239 SC

Headnote :

IMPORTANTChhattisgarh Co-Operative Societies Act - Appointment of CEO for Central Cooperative Bank from the cadre maintained by the Apex Society as per the notification.According to the Chhattisgarh Co-Operative Societies Act 1960, Sections 49E(2) and 54(3) - The Managing Director of Chhattisgarh St...

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COGNIZANT TECHNOLOGY SOLUTIONS INDIA PVT. LTD. vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 240 SC

Income Tax Act, 1961

Headnote :

Sections 391 to 393 of the Companies Act, 1956 and sections 115O, 245O, and 245RR of the Income Tax Act, 1961, along with Rule 37BB of the Income Tax Rules, 1962, pertain to the back buying of shares and the associated tax liability. The ruling states:(a) The communication dated 22.03.2018 will be r...

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NEW INDIA ASSURANCE CO. LTD vs. HILLI MULTIPURPOSE COLD STORAGE PVT LTD

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 241 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Commercial Courts Act, 2015
Consumer Protection Regulations, 2005

Kailash Vs. Nanhku & Ors [2005] INSC 224 (6 April 2005)
Fairgrowth Investments Ltd. Vs. The Custodian [2004] Insc 639 (14 October 2004)
Nasiruddin & Ors Vs. Sita Ram Agarwal [2003] INSC 28 (28 January 2003)
Lachmi Narain Vs. Union of India & Ors [1975] INSC 288 (25 November 1975)

Headnote :

IMPORTANTConsumer Protection - The District Forum lacks the authority to extend the time limit for filing a response to a complaint beyond 45 days. The mere delivery of a notice to the opposing party, without the accompanying complaint, does not initiate the 30-day period for submitting a reply.A. U...

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N.C. SANTHOSH vs. STATE OF KARNATAKA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 242 SC

Headnote :

IMPORTANTCompassionate appointments should be based on the norms in effect at the time the application is considered.According to Rule 5 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, and Rule 11 of the Karnataka Civil Services (Classification, Control and Appeal...

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PATRAM vs. GRAM PANCHAYAT KATWAR

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 243 SC

Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961

Headnote :

The Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) defines \'Shamilat deh\' - The question is whether the land occupied by the appellant(s) qualifies as \'shamilat deh\' land as per the Act and is therefore vested in the village common body. The conclusion is negative. For land to...

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MADHYA PRADESH HOUSING AND INFRASTRUCTIVE DEVELOPMENT BOARD vs. VIJAY BODANA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 244 SC

Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995

Headnote :

The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, Section 31 outlines measures to address the housing needs in the State of Madhya Pradesh. The original layout plan for Indira Nagar, presented by the board, indicates that the disputed land is designated for a major shopping complex. Nearby...

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C. JAYACHANDRAN vs. STATE OF KERALA

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 245 SC

Headnote :

A. According to Rule 6(2) of the Kerala State Higher Judicial Services Special Rules, 1961, the seniority of officers appointed by transfer in excess of the quota is addressed. The quota for direct recruitment is established at one-third of the total cadre strength, while two-thirds is allocated for...

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HINDUSTAN CONSTRUCTION COMPANY LTD vs. NHPC LTD

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 265 SC

Headnote :

IMPORTANTArbitration - Once the seat of arbitration is established, that clause becomes an exclusive jurisdiction clause.According to Sections 34 and 42 of the Arbitration and Conciliation Act, 1996, a transfer petition for setting aside an award indicates that once the seat of arbitration is design...

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ADDITIONAL COMMISSIONER REVENUE vs. AKHALAQ HUSSAIN

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 224 SC

Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
U.P. Zamindari Abolition and Land Reforms Act, 1950

Life Insurance Corporation of India Vs. Escorts Ltd. & Ors [1985] INSC 252 (19 December 1985)
Waman Rao & Ors Vs. Union of India & Ors [1980] INSC 116 (9 May 1980)

Headnote :

A. Under the U.P. Zamindari Abolition and Land Reforms Act, 1950, specifically Sections 157B, 161(1), and 167, there are restrictions on the exchange of land. The respondent engaged in an exchange with a member of a scheduled tribe through a registered exchange deed, which was executed without obtai...

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ASHOK KUMAR GUPTA vs. M/S SITALAXMI SAHUWALA MEDICAL TRUST

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 225 SC

Code of Civil Procedure, 1908 (CPC)
Religious Endowments Act, 1863

Headnote :

IMPORTANTPublic Trust - Permission to file a lawsuit - Conditions that must be met.A. Civil Procedure Code, 1908 Section 92 Public Trust - Permission to file a lawsuit - Three essential conditions must be fulfilled to invoke Section 92 of the Code and maintain an action under this section: i) The tr...

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K. VIRUPAKSHA vs. STATE OF KARNATAKA

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 226 SC

Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 426. Punished for mischief
Security Interest (Enforcement) Rules, 2002

Headnote :

IMPORTANTIf the complainant, as a borrower, has any issues regarding actions taken by the secured creditor, the appropriate remedy is to utilize the provisions of the SARFAESI Act. Filing a criminal complaint constitutes an abuse of legal process.According to Article 136 of the Constitution of India...

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MANGAYARKARASI vs. M. YUVARAJ

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 227 SC

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

Samar Ghosh Vs. Jaya Ghosh [2007] Insc 331 (26 March 2007)
Naveen Kohli Vs. Neelu Kohli [2006] Insc 135 (21 March 2006)
Sanghamitra Ghosh Vs. Kajal Kumar Ghosh [2006] Insc 825 (20 November 2006)

Headnote :

IMPORTANTHindu Marriage Act - A criminal complaint filed by the wife, with the husband being acquitted in the proceedings, does not constitute grounds for divorce.A. Under the Civil Procedure Code, 1908, Section 100, and the Hindu Marriage Act, 1955, Section 13, regarding mental cruelty and a crimin...

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DEEPAK CHANDRAKANT JHAVERI vs. JOHNSON DYE WORKS (P) LTD.

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 228 SC

Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
U.P. Zamindari Abolition and Land Reforms Act, 1950

Life Insurance Corporation of India Vs. Escorts Ltd. & Ors [1985] INSC 252 (19 December 1985)
Waman Rao & Ors Vs. Union of India & Ors [1980] INSC 116 (9 May 1980)

Headnote :

The Civil Procedure Code of 1908, Section 24, and the Criminal Procedure Code of 1973, Sections 195(1)(b) and 340, address the consolidation of two lawsuits. In the second lawsuit, issues were not framed, leading to allegations of perjury and the initiation of criminal proceedings. It was determined...

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RAMESH SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 229 SC

U.P. Basic Education (Teachers) Service Rules, 1981

Headnote :

The U.P. Basic Education (Teachers) Service Rules, 1981, specifically Rules 16 and 19(3), pertain to the appointment of Assistant Teachers in Basic (Primary) schools. There were allegations of corruption leading to the removal from service. The question arose whether the appointment letters issued t...

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M/S. NEW ERA FABRICS LTD. vs. BHANUMATI KESHRICHAND JHAVERI

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 230 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
Maharashtra Rent Control Act, 1999

Headnote :

The Civil Procedure Code of 1908, Section 24, and the Criminal Procedure Code of 1973, Sections 195(1)(b) and 340, address perjury and the initiation of criminal proceedings. It is clear that the handwritten changes made by the petitioner in Column 12 of the balance sheet represent a substantial mod...

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CHANDRAKUMAR@KALI vs. STATE OF MADHYA PRADESH

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 298 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder

Headnote :

According to Section 304 Part II of the Indian Penal Code, 1860, regarding culpable homicide and sentencing, the appellant-accused has two daughters who are of marriageable age, specifically 19 and 21 years old. The family lacks a male member to support them and care for the daughters. Taking into a...

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THAN KUNWAR vs. STATE OF HARYANA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 209 SC

Mohinder Singh Vs. The State [1950] INSC 26 (17 October 1950)

Headnote :

A. Under the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, regarding the recovery of contraband, there was a discrepancy in the testimony of the Gazetted Officer. The accused contested the testimony of the Deputy Superintendent of Police (DSP) based on his statements in another c...

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PAWAN KUMAR ARYA vs. RAVI KUMAR ARYA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 210 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, Order 21, Rule 34, addresses the dismissal of chamber summons and execution petitions, denying any directive for the defendants to execute the letter of allotment concerning eight apartments. It emphasizes that both parties involved in the consent terms or consent d...

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D.B.BASNETT (D) THR. LRS. vs. THE COLLECTOR, EAST DISTRICT, GANGTOK, SIKKIM

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 211 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Sikkim Land (Requisition and Acquisition) Act, 1977

Headnote :

IMPORTANTRights to land are no longer considered a fundamental right; however, they still qualify as a constitutional right, and any legislation aimed at removing an individual\'s property rights must be adhered to rigorously.A. Under the Sikkim Land (Requisition and Acquisition) Act, 1977, specific...

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UNION BANK OF INDIA vs. RAJAT INFRASTRUCTURE PVT. LTD.

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 212 SC

Constitution of India

Headnote :

IMPORTANTUnder the SARFAESI Act, the Debt Recovery Appellate Tribunal (DRAT) cannot accept an appeal without requiring a pre-deposit.According to Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, a pre-deposit is necessary for an...

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AVIATION TRAVELS PVT. LTD. vs. BHAVESHA SURESH GORADIA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 213 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The Constitution of India, 1950, Article 136 - Ex-parte order - The High Court rejected the notice of motion and refused to overturn the ex-parte judgment against the appellant. The lawsuit sought the recovery of Rs. one crore, with the plaintiff claiming interest at a rate of 24% per annum. The ex-...

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SATISHKUMAR NYALCHAND SHAH vs. STATE OF GUJARAT

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 214 SC

Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed

Headnote :

IMPORTANTCriminal Procedure - Further Investigation - Proposed Accused Not Required to Be Heard.According to the Criminal Procedure Code of 1973, specifically Section 173(8) and 156(3), as well as the Gujarat Ownership of Flats Act and violations of the Gujarat Development Control Regulations (GDCR)...

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SHAH FAESAL vs. UNION OF INDIA

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 215 SC

Constitution of India
Constitution of Jammu and Kashmir

Headnote :

IMPORTANTDecisions made by a coordinate bench are binding on subsequent benches of equal or lesser strength; however, only the principles established in the judgment are binding.Only the principles upon which a case is decided serve as binding precedents.A. Constitution of India, 1950 Article 141 -...

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