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PAWAN KUMAR GUPTA vs. STATE OF N.C.T. OF DELHI

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 216 SC

Headnote :

SIGNIFICANTCurative petition of the Nirbhaya convict rejected.According to the Supreme Court Rules 2013, Order 48 - Nirbhaya case - Curative petition - The court found no grounds established within the criteria set forth in the ruling of Rupa Ashok Hurra v. Ashok Hurra & Another, reported in 2002 (4...

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ASSISTANT GENERAL MANAGER vs. RADHEY SHYAM PANDEY

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 217 SC

Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
Constitution of India
Indian Contract Act, 1872
Payment of Gratuity Act, 1972
Section 19. Voidability of agreements without free consent

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress [1990] INSC 268 (4 September 1990)
Atlas Cycle Industries Ltd. & Ors Vs. State of Haryana [1978] INSC 193 (4 October 1978)
Deokinandan Prasad Vs. State of Bihar & Ors [1971] INSC 141 (4 May 1971)

Headnote :

IMPORTANTOnce the VRS scheme is implemented, employees who have acted on it must not be abandoned.Pensions cannot be handled arbitrarily and should not be denied unfairly.A. According to SBI Employees\' Pension Fund Rules, Rule 22(i)(a) - Voluntary Retirement Scheme - Pension Entitlement - SBI intro...

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SUPERINTENDENT OF POST OFFICE vs. JAMBU KUMAR JAIN

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 218 SC

Indira Vikas Patra Rules, 1986

Headnote :

IMPORTANTIndira Vikas Patra Lost - Replacement - IVP Purchased in Cash - No Record Establishing Purchaser\'s Identity - District Forum and National Forum Made an Error in Accepting the Claim.Consumer Protection Act, 1986 Section 23 Indira Vikas Patra Rules, 1986, Rule 7 - Loss of Indira Vikas Patra...

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SAMTA NAIDU vs. STATE OF MADHYA PRADESH

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 219 SC

Criminal Procedure Code, 1973
CrPC Section 16. Courts of Metropolitan Magistrates
CrPC Section 203. Dismissal of complaint
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The Criminal Procedure Code of 1973, along with Section 203 of the Indian Penal Code of 1860, and Sections 201, 409, 420, 467, 468, and 471, pertains to cases involving forged signatures in an affidavit related to the sale of a car. The first complaint was dismissed, leading to the filing of a secon...

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SAJAN SETHI vs. RAJAN SETHI

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 220 SC

Headnote :

Partition - Suit concerning property - Partition related to the common area on the ground floor - According to the Will executed by the mother, the ground floor portion is bequeathed to the respondent/plaintiff, the first-floor portion is bequeathed to the appellant/defendant, and the second-floor p...

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PERIYAR DISTRICT CONSUMER CO OPERATIVE WHOLESALE STORES LTD.NO. AA467 vs. B. BALAGOPAL

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 221 SC

Headnote :

Eviction - Compensation for failure to leave the property - In a previous eviction case, the tenant agreed to vacate the property within six months and to pay a monthly compensation of Rs. 50,000 during that time. The landlord was permitted to pursue further damages, leading to the current case wher...

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PARVAT SINGH vs. STATE OF MADHYA PRADESH

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 222 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 450. House-trespass in order to commit offence punishable with imprisonment for life

Headnote :

IMPORTANTCriminal Procedure - Statements recorded under Section 161 of the Cr.P.C., 1973 are not admissible as evidence and cannot be used for conviction.A. Under the Criminal Procedure Code, 1973, Section 161, and the Indian Penal Code, 1860, Sections 302 in conjunction with Section 149 regarding M...

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SATISH KUMAR vs. STATE OF HIMACHAL PRADESH

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 223 SC

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

Headnote :

A. Under Sections 302 and 34 of the Indian Penal Code, 1860, regarding murder, the acquittal is based on the forensic science laboratory report indicating that the gun recovered was used in the crime. However, the prosecution failed to prove which of the accused actually fired the gun. The accused\'...

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DILIP SHAW @ SANATAN vs. STATE OF WEST BENGAL

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 231 SC

Explosives Act, 1884
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 304. Punishment for culpable homicide not amounting to murder

Sukhbir Singh Vs. State of Haryana [2002] INSC 88 (20 February 2002)
Sukhbir Singh & Ors Vs. State of Haryana [1997] INSC 759 (1 October 1997)

Headnote :

The Indian Penal Code of 1860, specifically Sections 304 Part I in conjunction with Sections 149 and 148, along with Section 9B(2) of the Explosives Act of 1884, addresses culpable homicide that does not equate to murder, as well as unlawful assembly. A brief time lapse and minor discrepancies in de...

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JOSE vs. JOHNSON

Judgement Date : 02 Mar 2020

Citation : 2020 Latest Caselaw 232 SC

Headnote :

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COMMISSIONER DIRECTORATE OF LOGISTICS vs. M/S ALMIGHTY TECHSERV

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 201 SC

Headnote :

The interim relief regarding the tender has been addressed. The tender for the supply of videoscopes was contested by a bidder who was not awarded the contract. The High Court annulled the award and mandated a new tender process. However, this new tendering process could significantly delay the urge...

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DISTRICT BAR ASSOCIATION DEHRADUN vs. ISHWAR SHANDILYA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 202 SC

Advocates Act, 1961
Constitution of India
Kancheepuram

Common Cause, A Registered Society Vs. Union of India [2001] INSC 621 (22 November 2001)
Common Cause, A Registered Society Vs. Union of India & Ors [1999] INSC 240 (3 August 1999)
Ex-Capt. Harish Uppal Vs. Union of India [1994] INSC 203 (30 March 1994)
Common Cause, A Registered Society Vs. Union of India & Ors [1993] INSC 7 (7 January 1993)

Headnote :

IMPORTANTThe act of going on strike or boycotting courts cannot be defended under the pretext of the right to freedom of speech and expression.A. According to Section 48 of the Advocates Act, 1961, advocates in the entire District of Dehradun, as well as in the districts of Haridwar and Udham Singh...

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STATE OF ODISHA vs. SATYA NARAYAN BEHURA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 203 SC

State of Rajasthan Vs. Fateh Chand Soni [1995] INSC 834 (12 December 1995)

Headnote :

The Orissa Revised Scale of Pay Rules 1998, Rule 8, and the Orissa Revised Scale of Pay Rules 2008, Rule 14, concerning Assured Career Progression, indicate that the High Court failed to provide any justification for dismissing the Writ Petition. Instead, it merely referenced paragraph 7 of the Trib...

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CANARA BANK vs. P SELLATHAL

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 204 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 419. Punishment for cheating by personation
IPC Section 420. Cheating and dishonestly inducing delivery of property

Madanuri Sri Rama Chandra Murthy Vs. Syed Jalal [April 19, 2017]
Sopan Sukhdeo Sable & Ors Vs. Assistant Charity Commissioner & Ors [2004] Insc 49 (23 January 2004)
Ram Singh & Ors Vs. Gram Panchayat Mehal Kalan & Ors [1986] INSC 196 (22 September 1986)

Headnote :

IMPORTANTLawsuits contesting decrees issued by the Debt Recovery Tribunal are not maintainable unless the appeal process outlined in the Recovery of Debts Due to Banks and Financial Institutions Act has been fully utilized.A. Civil Procedure Code, 1908, Order 7, Rule 11 (d) - Recovery of Debts Due T...

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SHRI PARESHBHAI AMRUTLAL PATEL vs. STATE OF GUJARAT

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 205 SC

Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

The Indian Penal Code of 1860, specifically Sections 420, 406, 120B, and 114, pertains to the quashing of an FIR. The appellant had previously filed a complaint under Section 138 of the Negotiable Instruments Act against the private respondent. Subsequently, the respondent filed an FIR against the a...

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MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. vs. UNION OF INDIA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 206 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity Regulatory Commissions Act, 1998
Electricity Regulatory Commissions Act, 1998

Headnote :

A. Under Section 49 of the Electricity Act, 1948 and Section 22(1)(c) of the Electricity Regulatory Act, 1998, the circulars issued regarding the Captive Power Plant Policy on July 23, 1998, and May 25, 1999, were quashed by the Maharashtra State Electricity Regulatory Commission. The Commission, es...

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BANK OF INDIA vs. M/S BRINDAVAN AGRO INDUSTRIES PVT LTD

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 207 SC

Headnote :

IMPORTANTConsumer Protection - Lack of awareness regarding the procedure and the Bank\'s Circular on the deduction of processing fees for credit facilities is not acceptable.According to the Consumer Protection Act, 1986, Sections 17 and 23, concerning credit facilities and the deduction of processi...

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KIRTI VIJAYVARGIYA vs. RAHUL VIJAYVARGIYA

Judgement Date : 28 Feb 2020

Citation : 2020 Latest Caselaw 208 SC

Constitution of India
CrPC Section 125. Order for maintenance of wives, children and parents
Protection of Women From Domestic Violence Act, 2005

Headnote :

Matrimonial Dispute - Resolution - The parties resolved their conflict at the Mediation Centre - Utilizing its authority under Article 142, the Court annulled their marriage - The Court disposed of the petition in accordance with the settlement.[Paras 5 to 7]

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ARUN KUMAR GUPTA vs. STATE OF JHARKHAND

Judgement Date : 27 Feb 2020

Citation : 2020 Latest Caselaw 199 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The Constitution of India, 1950, Article 235, along with the Jharkhand Service Code, 2001, Rule 74(b)(ii), addresses adverse entries concerning Judicial Officers and the process of compulsory retirement. Senior judges from the High Court, who were part of the Screening Committee and Standing Committ...

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SHRI MARUTI TUKARAM BAGAWE vs. STATE OF MAHARASHTRA

Judgement Date : 27 Feb 2020

Citation : 2020 Latest Caselaw 200 SC

Headnote :

A. Pay Scale - Did the Maharashtra Administrative Tribunal make an error in upholding the Government Resolution dated 11.09.2008, which revoked the earlier Government Resolution dated 24.10.2004? - It was determined that the recruitment and promotion of Junior Clerks and Senior Clerks in the Distric...

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ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED vs. AXIS BANK LIMITED

Judgement Date : 26 Feb 2020

Citation : 2020 Latest Caselaw 197 SC

Banking Regulation Act, 1949
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
Indian Contract Act, 1872
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
Presidency-Towns Insolvency Act, 1909
Presidency-Towns Insolvency Act, 1909
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Section 124. Contract of indemnity defined
Section 4. TPA, Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Transfer of Property Act, 1882

N.D.P. Namboodripad Vs. Union of India & Ors [2004] Insc 282 (16 April 2004)
P. Kasilingam Vs. P.S.G. College of Technology [1981] INSC 6 (8 January 1981)

Headnote :

CRUCIALBankruptcy - A corporate debtor is said to have given preference at the relevant time only when the dual conditions outlined in subsections 2 and 4 of Section 43 are met.Bankruptcy - The rules regarding preferential transactions, aimed at nullifying certain transactions, also impact the resol...

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STATE OF PUNJAB vs. JASBIR SINGH

Judgement Date : 26 Feb 2020

Citation : 2020 Latest Caselaw 198 SC

CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Pritish Vs. State of Maharashtra & Ors [2001] INSC 618 (21 November 2001)

Headnote :

IMPORTANTDoes Section 340 of the Cr.P.C., 1973 require a preliminary inquiry and a chance for the potential accused to be heard before a complaint is filed under Section 195 of the Code by a Court? - This issue has been referred to a Larger Bench.Indian Penal Code, 1860 Sections 420, 467, 468, and 4...

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LIFE INSURANCE CORPORATION OF INDIA vs. MUKESH POONAMCHAND SHAH

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 191 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The Life Insurance Corporation of India (Staff) Regulations 1960, specifically Regulation 39(4)(i), addresses criminal charges. An order was issued to prevent LIC from finalizing decisions based on a notice to show cause while a criminal appeal is pending. It was determined that Regulation 39(4) inc...

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NARAYAN YADAV vs. STATE OF BIHAR

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 192 SC

Headnote :

IMPORTANTBihar & Orissa Public Demands Recovery Act - No extension of time for challenging the sale of immovable property upon deposit.According to Section 28 of the Bihar & Orissa Public Demands Recovery Act, 1914, the process for challenging the sale of immovable property through a deposit...

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SITABAI SHANTARAM TALAWNEKAR vs. CUSTODIAN OF EVACUEE PROPERTY

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 193 SC

Goa, Daman and Diu Administration of Evacuee Property Act, 1964
Goa, Daman and Diu Agricultural Tenancy Act, 1964

Headnote :

The Goa, Daman and Diu Agricultural Tenancy Act of 1964, specifically Sections 7, 8A, and 56, along with Section 32 of the Goa, Daman and Diu Administration of Evacuee Property Act of 1964, were referenced in a case where the appellant asserted their status as a tenant of evacuee property under the...

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M/S. ZEE TELEFILMS LTD. vs. SURESH PRODUCTIONS

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 196 SC

Headnote :

The Limitation Act of 1963, Article 58 pertains to suits for declaration and injunction regarding limitations. In this case, the plaintiff assigned the telecasting rights of 16 films to the defendants for a duration of 9 years. Since the plaintiff had relinquished their satellite rights, they could...

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SHRI PARTAP SINGH vs. SHIV RAM

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 186 SC

Indian Evidence Act, 1872

Vishwa Vijai Bharti Vs. Fakhrul Hasan & Ors [1976] INSC 137 (4 May 1976)

Headnote :

IMPORTANTThe presumption of truth associated with the record-of-rights can only be challenged if there is evidence of fraud in the entry.According to Sections 37 and 38 of the Specific Relief Act, 1963, and Section 45 of the Himachal Land Revenue Act, 1953, as well as Section 35 of the Evidence Act,...

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KERALA STATE ELECTRICITY BOARD vs. PRINCIPAL SIR SYED INSTITUTE FOR TECHNICAL STUDIES

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 187 SC

Constitution of India
Electricity Act, 2003

S.N. Mukherjee Vs. Union of India [1990] INSC 260 (28 August 1990)

Headnote :

IMPORTANTThe process of determining electricity tariffs is a quasi-legislative action - There is no obligation to provide a rationale - In establishing tariffs, it is essential to consider who is being served and the purpose of that service.It is valid to categorize Self-Financed Educational Institu...

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UNION OF INDIA vs. FEDERATION OF SELF FINANCED AYURVEDIC COLLEGES PUNJAB

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 188 SC

Dentists Act, 1948
Indian Medical Council Act, 1956
Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2018
Indian Medicine Central Council Act, 1970

Headnote :

The Indian Medical Council Act of 1970, Section 36(1), mandates that passing the NEET is necessary for admission into BAMS, BHMS, and BUMS courses. The requirement to pass NEET for entry into AYUSH undergraduate programs and the minimum percentile set by the Central Council have been upheld. It is n...

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MOTAMARRI APPANNA VEERRAJU @ MAV RAJU vs. STATE OF WEST BENGAL

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 189 SC

Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
Prevention of Corruption Act, 1988

Headnote :

CRUCIALBail applications must be resolved promptly and conclusively.According to Section 439 of the Criminal Procedure Code, 1973, a bail application submitted to the High Court in August 2018 has remained unresolved to this day, with only temporary bail orders issued intermittently. The approach ta...

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MD.YOUNUS ALI TARAFDAR vs. STATE OF WEST BENGAL

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 190 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 in conjunction with Section 34, and Section 201 of the Evidence Act of 1872, Section 106, pertains to murder. In this case, the evidence provided by the deceased\'s sister and a relative indicates that the deceased mentioned he was going to vi...

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SANJEEV KAPOOR vs. CHANDANA KAPOOR

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 180 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 127. Alteration in allowance
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 62. Summons how served
Indian Majority Act, 1875
Majority Act, 1875

Headnote :

IMPORTANTThe Magistrate has the authority to revoke or modify his order under Section 125 of the Cr.P.C.A. Under the Criminal Procedure Code of 1973, Sections 125 and 362, maintenance is a continuous obligation enforced by Section 125 Cr.P.C. - Once the court issues a judgment or final order, it doe...

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SURESH CHAND vs. SURESH CHANDER

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 181 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A. Under Section 100 of the Civil Procedure Code, 1908, and Sections 4, 5(1)(c), and 6(1)(ii) of the Rajasthan Pre-emption Act, 1966, a joint owner who possesses a courtyard has the right of pre-emption. This right allows them to preferentially acquire property by replacing the original buyer. The t...

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VITHALDAS JAGANNATH KHATRI vs. STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 182 SC

Code of Civil Procedure, 1908 (CPC)
Maharashtra Land Revenue Code, 1966
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
Pepsu Tenancy and Agricultural Lands Act, 1955
Pepsu Tenancy and Agricultural Lands Act, 1955

Jugal Kishore Vs. State of Maharashtra & Ors [1988] INSC 301 (26 September 1988)
Gurdit Singh & Ors Vs. State of Punjab & Ors [1974] INSC 90 (10 April 1974)

Headnote :

IMPORTANTIf a transfer or partition occurred before the cutoff date specified in the Ceiling Act, the Act will not apply to include that land in the calculation of the ceiling area.According to Section 2(11) and Section 11 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, regard...

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IDOL OF SRI RENGANATHASWAMY vs. P K THOPPULAN CHETTIAR

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 183 SC

Code of Civil Procedure, 1908 (CPC)
Section 10. TPA, Condition restraining alienation.

Headnote :

CRUCIALThe primary aim of a property endowment, whether for religious purposes or for the benefit of heirs, necessitates a comprehensive review of the Deed of Settlement to ascertain the true intentions of the settlor.A. Under the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959, Sectio...

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DHEERAJ MOR vs. HON'BLE HIGH COURT OF DELHI

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 184 SC

Constitution of India
Government of India Act, 1935
Representation of the People Act, 1951

Mohan & Ors Vs. State of Uttar Pradesh [1997] INSC 626 (29 July 1997)
U.P. Public Service Commission Vs. Alpana [1994] INSC 35 (17 January 1994)
Chandramouleshwar Prasad Vs. Patna High Court & Ors [1969] INSC 272 (7 October 1969)
Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)
State of Assam Vs. Ranga Mahammad & Ors [1966] INSC 174 (21 September 1966)
The State of West Bengal Vs. Nripendra Nath Bagchi [1965] INSC 181 (10 September 1965)
Rameshwar Dayal Vs. The State of Punjab & Ors [1960] INSC 265 (5 December 1960)

Headnote :

IMPORTANTIndividuals serving in the judicial system are a distinct category compared to those eligible for appointment as District Judges after 7 years of practice as advocates.Judicial officers cannot claim eligibility for the District Judge positions that are reserved for direct recruitment from t...

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AGRA DIOCESAN TRUST ASSOCIATION vs. ANIL DAVID

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 185 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

According to Section 7(iv-A) of the Court Fees Act, 1870, regarding insufficient court fees and the cancellation of a sale deed, the plaintiff is not obligated to demonstrate or establish that the lands in question were revenue-generating or provide details of any revenue paid at the time of filing...

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KRISHNAVENI RAI vs. PANKAJ RAI

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 194 SC

CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 482. Saving of inherent power of High Court
Hindu Marriage Act, 1955
Indian Penal Code, 1860 (IPC)
IPC Section 500. Punishment for defamation
IPC Section 506. Punishment for criminal intimidation
Protection of Women From Domestic Violence Act, 2005

Lila Gupta Vs. Laxmi Narain & Ors [1978] INSC 103 (4 May 1978)

Headnote :

IMPORTANTHindu Marriage Act - A marriage entered into while an appeal against a decree is pending is not considered void from the beginning, especially if the appeal is filed after the limitation period has expired.Criminal Procedure Code, 1973 Sections 125; Hindu Marriage Act, 1955 Sections 5, 11,...

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RAJENDRA K. BHUTTA vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 195 SC

Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947
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Coal Mines (Conservation, Safety and Development) Act, 1952
Coking Coal Mines (Nationalisation) Act, 1972
Competition Act, 2002
Constitution of India
East Punjab Urban Rent Restriction Act, 1949
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Kerala Buildings (Lease and Rent Control) Act, 1965
Maharashtra Apartment Ownership Act, 1970
Maharashtra Housing and Area Development Act, 1976
Mines Act, 1952
Representation of the People Act, 1951

Ram Dass Vs. Davinder [2004] Insc 195 (24 March 2004)
The Member, Board of Revenue Vs. Arthur Paul Benthall [1955] INSC 51 (4 October 1955)

Headnote :

A. The Insolvency and Bankruptcy Code, 2016, Section 14(1)(d), along with Sections 76 and 79 of the Maharashtra Housing and Area Development Act, 1976, pertains to a Tripartite Joint Development Agreement made between the Society, MHADA, and the Corporate Debtor for redevelopment purposes. A loan ag...

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SOUMITRA KUMAR NAHAR vs. PARUL NAHAR

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 174 SC

Protection of Women From Domestic Violence Act, 2005

Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)

Headnote :

IMPORTANTThe dissolution of marriage does not equate to the termination of parental responsibilities - A child deserves the love of both parents.A. Guardian and Wards Act, 1890, Sections 7 and 8 - Custody - Child\'s Rights - The rights of the child must be honored as they are entitled to the affecti...

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SHAKTI NATH vs. ALPHA TIGER CYPRUS INVESTMENT NO. 3 LTD

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 175 SC

Arbitration and Conciliation Act, 1996

Headnote :

The Arbitration and Conciliation Act of 1996, Section 37, addresses the termination of agreements related to arbitration and the ICC Award. The appeal concerning the awarded amount for interest and penal interest has been modified by mutual consent of the parties involved, as a wise commercial decis...

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STATE OF MAHARSHTRA vs. PAN INDIA PARYATAN LIMITED

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 176 SC

Bombay Entertainments Duty Act, 1923
Societies Registration Act, 1860

Headnote :

IMPORTANTEntertainment Duty - All amusement parks are not eligible for concessional duty on any entertainment.According to the Bombay Entertainments Duty Act, 1923, Sections 3(1)(b) and 3(2), the entry into amusement parks incurs a 50% entertainment duty, specifically 7.5% under Section 3(2). For th...

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ASSISTANT ENGINEER (D1) AJMER VIDYUT VITRAN NIGAM LIMITED vs. RAHAMATULLAH KHAN ALIAS RAHAMJULLA

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 177 SC

Electricity Act, 2003
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Limitation Act, 1963
Sale of Goods Act, 1930

Headnote :

IMPORTANTThe electricity company is prohibited from taking coercive actions to disconnect electricity supply for the recovery of any additional or supplementary charges that arise after the two-year limitation period has expired.A. According to Section 56(2) of the Electricity Act, 2003, while the c...

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GELUS RAM SAHU vs. DR. SURENDRA KUMAR SINGH

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 178 SC

Headnote :

The Chhattisgarh Technical Education (Teaching cadre-Polytechnic) (Gazetted) Service Recruitment Rules, 2014, specifically Rules 14 and 15, outline the pay scales, service conditions, and qualifications for teachers and other academic staff in technical institutions (Diploma) as per the 2010 Regulat...

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HIRA LAL vs. STATE OF BIHAR

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 179 SC

Government of India Act, 1935

Headnote :

IMPORTANTThe right to receive a pension is a property right and cannot be revoked by mere administrative orders.According to Article 300A of the Constitution of India, 1950, and Rule 43(b) of the Bihar Pension Rules 1950, the withholding of pension due to criminal proceedings against an employee is...

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ADANI GAS LIMITED vs. PETROLEUM AND NATURAL GAS REGULATORY BOARD

Judgement Date : 17 Feb 2020

Citation : 2020 Latest Caselaw 172 SC

Code of Civil Procedure, 1908 (CPC)
Electricity Act, 2003

Headnote :

The Electricity Act of 2003, Section 110, and the Petroleum and Natural Gas Regulatory Board Act of 2006, Section 19, address the disqualification of bids for City or Local Natural Gas Distribution Networks. It is clear that the Chairperson\'s conclusions were founded on three main assumptions: (i)...

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SECRETARY,MINISTRY OF DEFENCE vs. BABITA PUNIYA

Judgement Date : 17 Feb 2020

Citation : 2020 Latest Caselaw 173 SC

Army Act, 1950
Army Rules, 1954
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThere is an absolute prohibition on women seeking criteria or command appointments that does not align with the guarantee of equality under Article 14.A. According to the Constitution of India, 1950, Articles 14 and 33, and the Army Act, 1950, Section 12, the policy dated 25.2.2019 has sign...

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VINOD RAVJIBHAI RAJPUT vs. STATE OF GUJARAT

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 157 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The Class IV Posts in Inferior Services within the Gujarat Secretariat and Non-Secretariat Offices Recruitment Rules, 2005, specifically Rules 2 to 7, address the termination of services and reinstatement. The appellant was appointed as a full-time Gallery Attendant in Group IV with the approval of...

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SOBHA HIBISCUS CONDOMINIUM vs. MANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 158 SC

Karnataka Apartment Ownership Act, 1972
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

IMPORTANTConsumer Protection - A voluntarily registered association is permitted to file complaints on behalf of its members to address their grievances - There is no provision in the Act that limits its application to complaints from individual complainants.A. Under the Consumer Protection Act, 198...

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M/S. BASPA ORGANICS LIMITED vs. UNITED INDIA INSURANCE COMPANY LIMITED.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 159 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955
Petroleum Act, 1934

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the breach of policy terms regarding the denial of an insurance claim. In this case, a fire occurred at the appellant\'s factory premises, leading the insurer to reject the claim based on the grounds of overvaluation and the lack of a proper...

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