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BRAHMA SINGH vs. UNION OF INDIA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 117 SC

Legal Services Authorities Act, 1987
National Legal Services Authority Rules, 1995
Supreme Court Legal Services Committee Regulations, 1996
Supreme Court Legal Services Committee Rules, 2000

Devendra Pratap Narain Rai Sharma Vs. State of Uttar Pradesh [1961] INSC 315 (3 November 1961)

Headnote :

IMPORTANTPension - Service provided in the Supreme Court Legal Aid Committee and the Supreme Court Legal Services Committee before the enactment of the Supreme Court Legal Services Committee Rules, 2000, is eligible to be included when calculating qualifying service for pension determination.Accordi...

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M/S HIGH RANGE COFFEE CURING PVT.LTD vs. STATE OF KARNATAKA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 118 SC

Central Sales Tax Act, 1956
Karnataka Sales Tax Act, 1957

Headnote :

Karnataka Sales Tax Act, 1957, Sections 5 and 6 - Industrial Policy 1996 - Exemption - Government Order No. CI 30 SPC 96, dated March 15, 1996, known as Industrial Policy 1996, only offers sales tax concessions. The distinction is evident - the notion that purchase tax was included in the industrial...

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D.RAGHU vs. R.BASAVESWARUDU

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 119 SC

Constitution of India
Corrigendum
Gwalior

P. Mahendran Vs. State of Karnataka [1989] INSC 372 (5 December 1989)

Headnote :

The Recruitment Rules for Group \'C\' Posts in the Central Excise and Land Customs Department, established in 2003, specifically Rules 4 and 5, address seniority and eligibility for promotion to the position of inspector. In 2001, the Cabinet approved the restructuring of certain positions, which in...

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M/S NATESAN AGENCIES vs. STATE

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 120 SC

Wild Life (Protection) Act, 1972

Headnote :

A. The Wild Life (Protection) Act, 1972 - Exclusion of leased land from the boundaries of the wildlife sanctuary - Claim for Damages - Following the notification issued in 1976 that included the land, the appellant had no opportunity to acquire any additional rights to the land after the lease expir...

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BRAHMA SINGH vs. UNION OF INDIA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 149 SC

Legal Services Authorities Act, 1987
National Legal Services Authority Rules, 1995
Supreme Court Legal Services Committee Regulations, 1996
Supreme Court Legal Services Committee Rules, 2000

Devendra Pratap Narain Rai Sharma Vs. State of Uttar Pradesh [1961] INSC 315 (3 November 1961)

Headnote :

IMPORTANTPension - Service provided in the Supreme Court Legal Aid Committee and the Supreme Court Legal Services Committee before the enactment of the Supreme Court Legal Services Committee Rules, 2000, is eligible to be included when calculating qualifying service for pension determination.Accordi...

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UNION OF INDIA vs. ROSAMMA BENNY

Judgement Date : 04 Feb 2020

Citation : 2020 Latest Caselaw 113 SC

Headnote :

The Indian Railway Establishment, Clause 129, Manual Vol. I, addresses financial advancement under the Modified Assured Career Progression (MACP) Scheme. It was determined that, based on the circular dated September 12, 2012, issued by the Ministry of Railways (Railway Board) on behalf of the Govern...

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VICKY @ VIKAS vs. STATE (GOVT. OF NCT OF DELHI)

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 103 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 394. Voluntarily causing hurt in committing robbery
IPC Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt
IPC Section 411. Dishonestly receiving stolen property
IPC Section 506. Punishment for criminal intimidation
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Benson Vs. State of Kerala [October 03, 2016]

Headnote :

The Criminal Procedure Code of 1973, Section 427, along with the Indian Penal Code of 1860, Sections 392, 394, and 397 in conjunction with Section 34, addresses the issue of whether the accused\'s situation warrants the exercise of discretion to allow sentences of imprisonment to run concurrently wi...

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GOVIND PRASAD KEJRIWAL vs. STATE OF BIHAR

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 104 SC

Constitution of India
CrPC Section 202. Postponement of issue of process
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 341. Punishment for wrongful restraint.
IPC Section 379. Punishment for theft

Headnote :

IMPORTANTDuring an inquiry under Section 202 of the Cr.P.C., the Magistrate must adopt a broad perspective and assess whether a prima facie case exists.A. Criminal Procedure Code, 1973, Section 202 and 482 - Indian Penal Code, 1860, Sections 323, 341, and 379 - Criminal complaint - Quashing - The co...

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MUNICIPAL CORPORATION, MUNICIPAL CORPORATION OF GREATER MUMBAI vs. PANNA MAHESH CHANDRA DAVE

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 105 SC

Constitution of India

Headnote :

The Bombay Municipal Corporation Act, Section 351 addresses the issue of illegal structures and their demolition, as well as the provision of alternative accommodations. The Corporation forcibly took control of land and structures that had been in place since 1961. In court, the Corporation acknowle...

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SHIRPUR EDUCATION SOCIETY vs. STATE OF MAHARASHTRA

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 106 SC

Pharmacy Act, 1948

Headnote :

The All India Council for Technical Education Act of 1987, specifically Sections 23, 10, and 11, along with Section 12 of the Pharmacy Act of 1948, pertains to the undergraduate pharmacy (B. Pharma) program. The claim to admit students up to an intake of 180, with an additional 60 in the evening shi...

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UTTAR BHARTIYA RAJAK SAMAJ PANCHAYAT BANGANGA RAJAK SAMAJ CO-OPERATIVE HOUSING SOCIETY (PROPOSED) vs. STATE OF MAHARASHTRA

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 107 SC

Headnote :

The Maharashtra Regional and Town Planning Act, specifically Sections 37(1) and 154, pertains to a Letter of Intent issued for a Slum Rehabilitation Scheme regarding the demand for a premium. The appellants argued that due to delays in obtaining clearance from the Coastal Zone Management Authority,...

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GHAT TALAB KAULAN WALA vs. BABA GOPAL DASS CHELA SURTI DASS

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 108 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

IMPORTANTPublic Charities - The procedure outlined in Section 92 of the CPC does not apply to lawsuits initiated by a trust.A decree for the rendition of accounts cannot be enforced after the death of the original party.Civil Procedure Code, 1908, Section 92 - Specific Relief Act, 1963, Section 39 -...

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STATE OF MADHYA PRADESH vs. YOGENDRA SINGH JADON

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 109 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 420. Cheating and dishonestly inducing delivery of property
Prevention of Corruption Act, 1988

Headnote :

IMPORTANTCriminal Procedure - The inherent power under Section 482 of the CrPC cannot be invoked when the allegations need to be substantiated in a court of law.Criminal Procedure Code, 1973, Section 482 - Indian Penal Code, 1860, Sections 420, 406, 409, and 120B - Prevention of Corruption Act, 1988...

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VINAY KUMAR MITTAL vs. DEWAN HOUSING FINANCE CORPORATION LTD

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 110 SC

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
National Housing Bank Act, 1987
Reserve Bank of India Act, 1934

Headnote :

The Reserve Bank of India Act, 1934, Section 45(q)(a) and the Insolvency and Bankruptcy Code, 2016, Section 21(6A) - Reliance Nippon Life Asset Management Ltd. has initiated a commercial lawsuit against the respondent to recover the amount invested in the respondent\'s Non-convertible debentures. Th...

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SUSHIL SETHI vs. STATE OF ARUNACHAL PRADESH

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 111 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 420. Cheating and dishonestly inducing delivery of property

Maksud Saiyed Vs. State of Gujarat & Ors [2007] Insc 949 (18 September 2007)

Headnote :

IMPORTANTA breach of contract constitutes cheating only when there was some form of deception at the very start of the transaction.According to the Indian Penal Code, 1860, Sections 420 and 120B - regarding criminal proceedings - the case involves a contract between SPML and the complainant, the Gov...

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URMILA DEVI vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD.

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 95 SC

Bengal Money-Lenders Act, 1940
Bihar Motor Vehicles Rules, 1992
Code of Civil Procedure, 1908 (CPC)
Motor Vehicles Act, 1988
Representation of the People Act, 1951

Headnote :

IMPORTANTA cross objection by the claimant in response to the appeal filed by the insurance company against the award issued by the MACT is permissible.According to the Civil Procedure Code, 1908, Order 41 Rule 22, and the Bihar Motor Vehicle Rules, 1992, Rule 249(3), as well as the Motor Vehicle Ac...

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AHMAD ALI QURAISHI vs. STATE OF UTTAR PRADESH

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 96 SC

CrPC Section 116. Inquiry as to truth of information
CrPC Section 200. Examination of complainant
CrPC Section 482. Saving of inherent power of High Court
Dowry Prohibition Act, 1961
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 452. House-trespass after preparation for hurt, assault or wrongful restraint
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
IPC Section 506. Punishment for criminal intimidation

Headnote :

A. Under Section 482 of the Criminal Procedure Code, 1973, the inherent power may be exercised when it is determined that the initiation of criminal proceedings constitutes an abuse of the court\'s process, or when quashing such proceedings would promote the interests of justice. In such cases, the...

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CHOWGULE AND COMPANY PRIVATE LIMITED vs. GOA FOUNDATION

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 97 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Mines and Minerals (Development and Regulation) Act, 1957

Headnote :

The Mines and Minerals (Development and Regulation) Act, 1957, Section 8(3) - Directive to cease mining - Authorization to transport minerals that have already been extracted - In the case of Goa Foundation v. Sesa Sterlite Limited and Others, (2018) 4 SCC 218, the Court instructed the appellants to...

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VAIJINATH vs. AFSAR BEGUM

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 98 SC

Headnote :

The Hyderabad Tenancy and Agricultural Lands Act, 1950, Section 38E(1) pertains to the granting of statutory tenant status. The predecessor of the appellant was recognized as a statutory tenant, and the required payment was made to the Land Tribunal. The original landowner applied to reclaim the lan...

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STATE OF ODISHA vs. M/S. JINDAL STEEL AND POWER LTD.

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 99 SC

Headnote :

The Constitution of India, 1950, Article 136 - Mineral Concessions Rule, 1960, Rule 31(1) - Regarding the extraction of iron ore - The respondent made an agreement with SMPL to acquire iron ore. However, the appellant revoked the respondent\'s transit permit due to the expiration of SMPL\'s Environm...

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CHAIRMAN/MANAGING DIRECTOR, U.P. POWER CORPORATION LTD. vs. RAM GOPAL

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 100 SC

Constitution of India

K.C. Sharma & Ors Vs. Union of India & Ors [1997] INSC 619 (25 July 1997)

Headnote :

A. Termination of employment - Assigning reasons - The High Court overturned the termination on the basis that no reasons were provided; however, the reason for termination was clearly stated in the termination order itself, which was the cancellation of the selection results for operating staff. Th...

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N. MOTILAL vs. FAISAL BIN ALI

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 101 SC

Headnote :

IMPORTANTYou can submit an application for the determination of fair rent even while the tenancy contract is still in effect.According to Section 4 of the Telangana Building (Lease, Rent and Eviction) Control Rent, 1960, the purpose of this Act is to ensure that landlords do not charge more than the...

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OM PRAKASH vs. SURESH KUMAR

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 112 SC

Himachal Pradesh Urban Rent Control Act, 1987

Headnote :

IMPORTANTA statement made by Counsel in court is binding on the party.According to Section 14 of the H.P. Urban Rent Control Act, 1987, regarding eviction for the reconstruction of leased premises, a statement made by Counsel is binding. In a case where the landlord initiated eviction proceedings ba...

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MUKESH KUMAR vs. UNION OF INDIA

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 91 SC

Constitution of India
CrPC Section 154. Information in cognizable cases

Satpal Vs. State of Haryana [May 01, 2018]
Swaran Singh Vs. State of U.P. & Ors [1998] INSC 148 (5 March 1998)
Ashok Kumar Vs. Union of India & Ors [1988] INSC 25 (27 January 1988)
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

IMPORTANTIt is not required that every piece of material cited by the petitioner should have been submitted to the President along with the mercy petition for the President\'s consideration.A prompt review of the mercy petition and its rapid rejection do not constitute valid grounds for judicial rev...

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SHRIPAL BHATI vs. STATE OF UP

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 92 SC

Constitution of India

Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed & Ors [1975] INSC 335 (19 December 1975)

Headnote :

IMPORTANTDeputation and Absorption - A person cannot be considered aggrieved and lacks locus standi unless they have personally suffered an injury.A. U.P. Industrial Development Act, 1976, Sections 3, 12, and 41 - NOIDA Service Regulations, 1981, Regulation 16(1)(c) and 80 - Electricity Supply Act,...

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MOHANDAS vs. STATE OF MAHARASHTRA

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 93 SC

Constitution of India
Gujarat Town Planning and Urban Development Act, 1976
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Maharashtra Regional and Town Planning Act, 1966

Headnote :

The Maharashtra Regional and Town Planning Act of 1966, Section 127, addresses land reservation and the consequences of failing to acquire reserved land. In this case, the entire property owned by the appellants was designated for the development of a shopping complex and vegetable market as per the...

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SUSHILA AGGARWAL vs. STATE (NCT OF DELHI)

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 94 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 154. Information in cognizable cases
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 41. When police may arrest without warrant
CrPC Section 43. Arrest by private person and procedure on such arrest
CrPC Section 437. When bail may be taken in case of non-bailable offence
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 46. Arrest how made
Indian Penal Code, 1860 (IPC)

Uday Mohanlal Acharya Vs. State of Maharashtra [2001] INSC 183 (29 March 2001)
Mohan & Ors Vs. State of Uttar Pradesh [1997] INSC 626 (29 July 1997)
Salauddin Abdulsamad Shaikh Vs. The State of Maharashtra [1995] INSC 820 (11 December 1995)
Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)

Headnote :

IMPORTANTPre-arrest bail granted under Section 438 does not have to be time-bound - the situation is the same as in Sections 437 and 439 of the Cr.P.C., 1973.The requirement to impose conditions under Section 438(2) for granting anticipatory bail is not mandatory.The rights that citizens hold dear a...

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KASHMIRA DEVI vs. STATE OF UTTARAKHAND

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 81 SC

Indian Penal Code, 1860 (IPC)
IPC Section 304B. Dowry death
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Kans Raj Vs. State of Punjab & Ors [2000] INSC 268 (26 April 2000)

Headnote :

A. Under the Indian Penal Code of 1860, specifically Sections 304B and 498A, along with Section 113B of the Evidence Act of 1872, the case involves dowry death and cruelty. The deceased suffered fatal burn injuries and passed away within seven years of marriage. The mother of the deceased testified...

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SHREE AMBICA MEDICAL STORES vs. SURAT PEOPLES CO-OPERATIVE BANK LTD

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 82 SC

Headnote :

A. Under Section 23 of the Consumer Protection Act, 1986, regarding insurance claims and repudiation: The insured had obtained an insurance policy, and for the following year, a new policy was issued with a different address for a different property. The insurer treated this as a new contract that e...

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SUKHWINDER SINGH vs. JAGROOP SINGH

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 83 SC

Constitution of India

Headnote :

A. Under Sections 20 and 16(c) of the Specific Relief Act, 1963, concerning the specific performance of a sale agreement, the plaintiff was required to demonstrate readiness and willingness to proceed with the sale, even in the absence of a defense from the opposing party. It was necessary for the p...

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SUJIT TIWARI vs. STATE OF GUJARAT

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 84 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Headnote :

The Criminal Procedure Code of 1973, along with Sections 36A, 37, and 67 of the Narcotic Drugs and Psychotropic Substances Act of 1985, pertains to a conspiracy to smuggle a significant quantity of heroin into India via ship. The accused, who has been in custody for over two years, is a 25-year-old...

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ORIENTAL INSURANCE CO.LTD vs. M/S J.K.CEMENT WORKS

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 85 SC

Insurance Act, 1938

Headnote :

IMPORTANTConsumer Protection - The flood and inundation clause in Standard Fire and Special Perils insurance policies covers damage resulting from heavy rainfall.According to the Consumer Protection Act of 1986, Section 23, regarding damage to coal stock due to heavy rains - under the Standard Fire...

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BHARAT PETROLEUM CORP.LTD vs. R.CHANDRAMOULEESWARAN

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 86 SC

Constitution of India
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Section 108. TPA, Rights and liabilities of lessor and lessee.
Transfer of Property Act, 1882

Raghbir Singh Gill Vs. Gurcharan Singh Tohra & Ors [1980] INSC 119 (9 May 1980)

Headnote :

The Madras City Tenants\' Protection Act of 1921, specifically Sections 2(4)(i), 2(ii)(a), and 9, addresses tenancy issues. It includes a directive for landlords to sell property to tenants. In this case, the appellants leased land from the landlords for an extended period and built petrol stations...

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KIRPAL SINGH vs. KAMLA DEVI

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 87 SC

Pepsu Tenancy and Agricultural Lands Act, 1955
Pepsu Tenancy and Agricultural Lands Act, 1955
Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

A. Under Section 33(2)(ii) of the Haryana Ceiling of Land Act, 1972, the determination of surplus land is addressed. The proceedings to declare land as surplus were initiated under the Punjab Security of Land Tenures Act. However, during the ongoing proceedings, the State of Haryana was established,...

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CHANDESHWAR SAW vs. BRIJ BHUSHAN PRASAD

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 88 SC

Bihar Panchayat Raj Act, 2006
Constitution of India
Criminal Procedure Code, 1973

Sohan Lal Vs. Babu Gandhi & Ors [2002] INSC489 (22 November 2002)
Bhabhi Vs. Sheo Govind & Ors [1975] INSC 102 (21 April 1975)

Headnote :

A. Under Section 140 of the Bihar Panchayat Raj Act, 2006, and Rule 81 of the Bihar Election Rules, 2006, concerning the election for the position of Mukhia, the recounting of votes revealed that the appellant/election petitioner received 95 more valid votes than the respondent. This indicates that...

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VIJAYAKUMARAN C.P.V vs. CENTRAL UNIVERSITY OF KERALA

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 89 SC

Central University of Kerala

Headnote :

A. The Sexual Harassment of Working Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 9 and 11 - Termination - Determining whether the termination is straightforward or carries a stigma - The appellant underwent a formal inquiry conducted by a Committee established under...

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BRANCH MANAGER INDIGO AIRLINES KOLKATA vs. KALPANA RANI DEBBARMA

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 90 SC

Headnote :

IMPORTANTAirlines are not contractually obligated to escort every passenger after a boarding pass has been issued. Once a boarding pass is provided, airlines cannot be held responsible for any misconduct unless passengers seek timely assistance from the airline\'s ground staff at the airport.A. Unde...

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CHIEF REGIONAL OFFICE THE ORIENTAL INSURANCE CO.LTD vs. PRADIP

Judgement Date : 27 Jan 2020

Citation : 2020 Latest Caselaw 102 SC

Headnote :

Appointment - Invalidating caste claims - Service protection - If a candidate is appointed to a reserved position based on a claim of belonging to a specific group eligible for reservation, the invalidation of that claim will, as a necessary consequence, render the appointment void from the outset....

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H.P.PUTTASWAMY vs. THIMMAMMA

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 74 SC

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

Headnote :

The Registration Act of 1908, specifically Sections 32, 34, and 36, along with the Karnataka Registration Rules of 1965, particularly Rules 41 and 71, govern the registration of documents and the requirement for the presence of individuals. In this case, the plaintiff initiated a lawsuit seeking a d...

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INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA vs. J.R. WILLIAM SINGH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 75 SC

Headnote :

A. Time-Bound Promotion Scheme - Eligibility for Promotion - The respondent was appointed as an electrician by the appellant. The appellant and the Employees Association reached a settlement regarding the time-bound promotion scheme, which was applicable to Peons, Chowkidars, and Sweepers. However,...

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SANJAY MARUTIRAO PATIL vs. UNION OF INDIA MINISTRY OF DEFENCE

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 76 SC

Army Act, 1950
Army Rules, 1954
Constitution of India

Chief of The Army Staff & Ors Vs. Major Dharam Pal Kukrety [1985] INSC 64 (21 March 1985)

Headnote :

The Army Act of 1950, specifically Sections 20 and 63, along with Rule 17 of the Army Rules of 1954, addresses the issue of punishment and double jeopardy. In this case, the individual admitted guilt to three misconduct charges and received a punishment of rank reduction. However, he later denied th...

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SARDAR ALI KHAN vs. STATE OF UTTAR PRADESH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 77 SC

CrPC Section 200. Examination of complainant
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

Headnote :

The Criminal Procedure Code of 1973, along with Section 200 of the Indian Penal Code of 1860, and Sections 418, 419, 420, 467, 468, and 471, pertains to criminal proceedings concerning a dispute over a fraudulent sale deed. In the complaint filed by the complainant, there are no accusations of imper...

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GURSHINDER SINGH vs. SRIRAM GENERAL INSURANCE CO. LTD.

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 78 SC

Headnote :

IMPORTANTInsurance Claim - Delay in notifying the insurance company about the theft does not justify denial of the claim.According to Section 23 of the Consumer Protection Act, 1986, regarding vehicle theft - A delay in informing the insurance company about the theft does not warrant denial of the i...

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STATE OF KERALA vs. RAJESH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 79 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 482. Saving of inherent power of High Court
Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

IMPORTANTA lenient stance on bail under the NDPS Act is inappropriate.If either of the two conditions specified in Section 37 of the NDPS Act is not met, the prohibition on granting bail remains in effect.The Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) - Limitations on...

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PRABHAKAR TEWARI vs. STATE OF UTTAR PRADESH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 80 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe existence of serious allegations and multiple pending criminal cases against the accused cannot serve as grounds to deny a bail request.According to Article 136 of the Constitution of India, 1950, regarding the granting of bail - A challenge has been made against the bail granted by the...

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HOME SECRETARY (PRISON) vs. H. NILOFER NISHA

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 69 SC

Constitution of India
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe High Court cannot order the premature release of a detainee sentenced to imprisonment through the writ of habeas corpus jurisdiction.A. Constitution of India, 1950 Article 226 Writ of habeas corpus - Issuance - The writ of habeas corpus is a procedural writ aimed at securing the liberty...

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GOVERNING BODY SWAMI SHRADDHANAND COLLEGE vs. AMAR NATH JHA

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 70 SC

Headnote :

Appointment as Vice-Principal - Approval - The Appellant University denied the appointment of the respondent as Vice-Principal of the College, citing the need for prior approval from the University. However, it has been observed that approval is often granted retroactively. In this context, the High...

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STAR INDIA (P) LTD. vs. SOCIETY OF CATALYSTS

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 71 SC

Telecom Regulatory Authority of India Act, 1997
Telecom Regulatory Authority Of India Act, 1997

Headnote :

IMPORTANTUnfair Trade Practice - The complainant did not provide sufficient evidence to demonstrate that the prize money was funded by SMS revenue, and their claims regarding this matter seem to be based solely on speculation and assumptions - The National Commission\'s determination of \"unfair tra...

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M/S. GRANULES INDIA LTD vs. UNION OF INDIA

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 72 SC

Customs Act, 1962

Headnote :

A. Under Section 28(1) of the Customs Act, 1962, regarding the import of consignments, the denial of exemption and the obligation to pay customs duty applies to consignments imported after 25.11.1993 under an advance license obtained before 19.05.1992. This is despite a clarifying notification issue...

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BAJRANG LAL SHARMA vs. C.K. MATHEW

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 73 SC

Constitution of India
Rajasthan Administrative Service Rules, 1954

Headnote :

The Constitution of India, 1950, Article 16, along with the Rajasthan Administrative Service Rules, 1954, specifically Rule 33, and the Rajasthan Administrative Service (Amendment) Rules, 2011, are relevant to this case regarding non-compliance with an order, leading to a contempt petition. The peti...

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