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VARADARAJAN vs. KANAKAVALLI

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 65 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956

Dashrath Rao Kate Vs. Brij Mohan Srivastava [2009] INSC 1691 (3 November 2009)

Headnote :

IMPORTANTThe executing court can resolve claims made by legal representatives during execution proceedings.Civil Procedure Code, 1908, Order 22, Rule 5 - In execution proceedings, conflicting claims from legal representatives can be adjudicated. The appellant, as the sole claimant to the deceased\'s...

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MAHARASHTRA SEAMLESS LIMITED vs. PADMANABHAN VENKATESH

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 66 SC

Companies Act, 2013
Competition Act, 2002
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Headnote :

A. Under the Insolvency and Bankruptcy Code of 2016, specifically Sections 7, 30(2) and (4), and 31, as well as Clause 35 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations of 2016, the issue arises regarding the matching of liquidation...

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SHYAMLAL DEVDA vs. PARIMALA

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 67 SC

CrPC Section 482. Saving of inherent power of High Court
Protection of Women From Domestic Violence Act, 2005

Headnote :

IMPORTANTDomestic violence - When allegations of domestic violence are made, the court must first be prima facie satisfied that instances of domestic violence have occurred before issuing any notice.A. Under the Protection of Women From Domestic Violence Act, 2005, sections 18, 19, 20, and 27, a com...

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NAWAB vs. STATE OF UTTARAKHAND

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 68 SC

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

Headnote :

A. Indian Penal Code, 1860, Section 302 - Murder - Conviction - The accused was found guilty of murdering his wife. The appellant himself provided a written report to the police. In the FIR, the appellant initially claimed that three individuals entered his home at night and attempted to abduct him....

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NIRMAL KUMAR PARSAN vs. COMMISSIONER OF COMMERCIAL TAXES

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 55 SC

Andhra Pradesh General Sales Tax Act, 1957
Central Sales Tax Act, 1956
Constitution of India
Customs Act, 1962
Tamil Nadu General Sales Tax Act, 1959

Headnote :

IMPORTANTSales Tax - The sale of goods imported from a foreign country, which are unloaded on the land of the State of West Bengal and stored in a bonded warehouse without the payment of customs duty, to foreign-bound ships as \"ship stores\" can be considered a sale within the territory of the Stat...

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KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED vs. H. L. KAVERI

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 56 SC

Headnote :

IMPORTANTAppointment - High Court\'s Authority - A candidate\'s approach to the High Court through a writ petition does not justify the exercise of jurisdiction under Article 226 of the Constitution if it infringes upon the rights of other candidates who are otherwise qualified for the appointment.A...

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DR.NALLAPAREDDY SRIDHAR REDDY vs. STATE OF ANDHRA PRADESH

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 57 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 216. Court may alter charge
CrPC Section 217. Recall of witnesses when charge altered
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304B. Dowry death
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 376. Punishment for rape
IPC Section 406. Punishment for criminal breach of trust
IPC Section 417. Punishment for cheating
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

IMPORTANTThe court has the authority to modify or add charges even after the evidence has been presented, arguments have been made, and the judgment has been reserved.A. According to Section 216 of the Criminal Procedure Code, 1973, the court possesses an exclusive and extensive power to modify or c...

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CHANDRA MOHAN VARMA vs. STATE OF UTTAR PRADESH

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 58 SC

Headnote :

U.P. Fundamental Rules, Rule 56 - Retirement - Extension of service - A notification issued by the State announced that the retirement age for faculty members would be increased from 60 to 65 years. The appellant attempted to prevent his retirement before reaching the age of 65. The date on which an...

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UNION OF INDIA vs. R. KARTHIK

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 59 SC

Air Force Act, 1950
Armed Forces Tribunal Act, 2007
Army Act, 1950
Navy Act, 1957

Headnote :

A. According to Section 45(a) of the Navy Act, 1957, the order of dismissal has been replaced with a punishment of 75 days of detention, while the deprivation of the First Good Conduct Badge remains in effect. The appellant, who was appointed as a Sailor in the Naval Service, faced allegations of as...

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CHANABASAPPA vs. KARNATAKA NEERAVARI NIGAM LTD

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 60 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

R.L. Jain Vs. Dda & Ors [2004] Insc 162 (12 March 2004)

Headnote :

The Land Acquisition Act of 1894, Section 34, pertains to the acquisition of land for dam construction. It states that interest is calculated from the date of the award rather than from the date of notification. This provision has been challenged. According to Section 34, a nine percent interest is...

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KEISHAM MEGHACHANDRA SINGH vs. HONBLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 61 SC

Constitution of India

Jagjit Singh Vs. State of Haryana & Ors [2006] Insc 935 (11 December 2006)
Kuldip Singh Vs. Subhash Chander Jain & Ors [2000] INSC 151 (28 March 2000)
Kihoto Hollohan Vs. Zachillhu & Ors [1992] INSC 53 (18 February 1992)

Headnote :

The Constitution of India, 1950, Article 142 and the Tenth Schedule, Paragraph 2(1)(a) pertain to the elections for the 11th Manipur Legislative Assembly. The respondent, who was nominated and supported by the Congress Party, contested the election and was elected. Following the announcement of the...

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DULESHWAR vs. STATE OF MP (NOW CHHATTISGARH)

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 62 SC

CrPC Section 222. When offence proved included in offence charged
Indian Penal Code, 1860 (IPC)
IPC Section 141. Unlawful assembly
IPC Section 143. Punishment
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
IPC Section 307. Attempt to murder
IPC Section 325. Punishment for voluntarily causing grievous hurt

Labourers Work[Ng on Salal Hydro-Project Vs. State of Jammu & Kashmir & Ors [1983] INSC 20 (2 March 1983)

Headnote :

A. Under the Indian Penal Code of 1860, Sections 147, 148, and 302/149, the case involves murder and unlawful assembly. The evidence from eyewitness statements clearly indicates that individuals armed with weapons participated in the assault on the deceased. Even a witness who was declared hostile c...

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RAMESAN vs. STATE OF KERALA

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 63 SC

CrPC Section 421. Warrant for levy of fine
CrPC Section 431. Money ordered to be paid recoverable as a fine
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTIn cases involving a composite sentence of imprisonment and a fine, the appeal does not become void upon the death of the accused.According to Section 394 of the Criminal Procedure Code, 1973, and Section 55 of the Kerala Abkari Act, 1077, the death of the accused does not lead to the abate...

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PAUL vs. STATE OF KERALA

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 64 SC

Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 313. Causing miscarriage without woman’s consent
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 84. Act of a person of unsound mind
IPC Section 86. Offence requiring a particular intent of knowledge committed by one who is intoxicated

Basdev Vs. The State of Pepsu [1956] INSC 28 (17 April 1956)

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, the accused claimed in his statement under Section 313 of the Cr.P.C., 1973 that the deceased had committed suicide by hanging. However, in addition to neck injuries, there were contusions on the forehead and nose, as well as abrasions on the left...

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PAWAN KUMAR GUPTA vs. STATE OF NCT OF DELHI

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 50 SC

Upendra Pradhan Vs. State of Orissa [April 28, 2015]
Upendra Pradhan & Ors Vs. State of Orissa & Ors [1993] INSC 248 (30 April 1993)
Ram Narain Vs. State of Uttar Pradesh [1973] INSC 75 (5 April 1973)

Headnote :

IMPORTANTNirbhaya Case - The Supreme Court has rejected the juvenility plea submitted by death row inmate Pawan Gupta.According to Article 136 of the Constitution of India, 1950, and Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, a special leave petition regarding ju...

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M/S FAIR COMMUNCIATION AND CONSULTANT vs. SURENDER KARDILE

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 51 SC

Benami Transactions (Prohibition) Act, 1988
Benami Transactions (Prohibition) Amendment Act, 2016

Headnote :

A. Under Order 6 Rule 17 of the Civil Procedure Code, 1908, regarding the amendment of the plaint: The plaintiff sold his property and lent L 80,000 to the defendant to expand his business. The defendant claimed to have repaid the money on the same day, which the plaintiff disputed. The defendant co...

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YASHITA SAHU vs. STATE OF RAJASTHAN

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 52 SC

Constitution of India

Headnote :

IMPORTANTA Writ of Habeas Corpus can be pursued even if the child is in the custody of the other parent.Alongside `Visitation Rights`, `Contact Rights` are also crucial in situations where the parents reside in different states or countries.A parent who is denied custody of their child should have t...

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KAMLESH vs. UNION OF INDIA

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 53 SC

Headnote :

Regularization - The appellant claimed that she was provisionally appointed as an Extra Departmental Employee. The appointment order clearly stated that her provisional appointment would end once a regular appointment was made, and that she would have no claim to any position. The Tribunal rejected...

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DESH RAJ vs. BALKISHAN

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 54 SC

Code of Civil Procedure, 1908 (CPC)
Commercial Courts Act, 2015

Headnote :

IMPORTANTFiling of written statements - Courts have no discretion to excuse delays, applicable solely to commercial disputes.A. Civil Procedure Code, 1908, Order 8, Rule 1 - Commercial Courts Act, 2015, Sections 2(c) and 16 - Distinction between commercial and non-commercial disputes - It has been d...

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UNION OF INDIA vs. CHANDRA BHUSHAN YADAV

Judgement Date : 17 Jan 2020

Citation : 2020 Latest Caselaw 46 SC

Air Force Act, 1950
Air Force Rules, 1969
CrPC Section 154. Information in cognizable cases
CrPC Section 5. Saving

Headnote :

A. According to the Air Force Rules of 1969, specifically Rule 24, Rule 43(4), and Rule 156(2), (6), and (7), as well as the Air Force Act of 1950, Regulations Para 804 (b), Section 52(c), and 111, the issues of theft and misappropriation of kerosene and diesel have led to the dismissal from service...

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STATE OF MADHYA PRADESH vs. BABBU RATHORE

Judgement Date : 17 Jan 2020

Citation : 2020 Latest Caselaw 47 SC

Indian Penal Code, 1860 (IPC)

State of M.P. Vs. Chunnilal @ Chunni Singh [2009] INSC 764 (15 April 2009)

Headnote :

IMPORTANTOffences under IPC and SC&ST Act - The investigation of IPC offences cannot be dismissed due to the lack of investigation into SC-ST offences by a qualified Police Officer.A. Indian Penal Code, 1860 Sections 302/34 and 404/34; Scheduled Castes and Scheduled Tribes (Prevention of Atrocit...

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M/S PAWAN HANS LIMITED vs. AVIATION KARMACHARI SANGHATANA

Judgement Date : 17 Jan 2020

Citation : 2020 Latest Caselaw 48 SC

Aircraft Rules, 1937
Co-operative Societies Act, 1912
Companies Act, 2013
Constitution of India

Headnote :

IMPORTANTContractual employees working for a company are eligible for provident fund benefits.A. According to Section 16 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the applicability of the Act and exemptions are determined by a two-fold test established by the Supreme C...

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HANUMAN LAXMAN AROSKAR vs. UNION OF INDIA

Judgement Date : 16 Jan 2020

Citation : 2020 Latest Caselaw 40 SC

Air (Prevention and Control of Pollution) Act, 1981
ccc
Construction and Demolition Waste Management Rules, 2016
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Indian Forest Act, 1927
Indian Forest Act, 1927
Solid Waste Management Rules, 2016
Water (Prevention and Control of Pollution) Act, 1974

Headnote :

The Environment Protection Rules of 1986, specifically Rule 5(3)(d), pertain to the granting of Environment Clearance and the lifting of its suspension. The Union of India has initiated proceedings requesting that the Minutes from the fortieth meeting of the Expert Appraisal Committee (EAC) be offic...

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UNION OF INDIA vs. BRIG.BALBIR SINGH (RETD.)

Judgement Date : 16 Jan 2020

Citation : 2020 Latest Caselaw 41 SC

Army Act, 1950

Headnote :

The Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 2016, Rule 12, along with the Military Engineering Services (Army Personnel) Regulations 1989, Regulation 3, addresses the issue of pay grade disparity. The respondent requested an order for a grade pay of Rs. 10,...

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VODAFONE IDEA LTD. vs. UNION OF INDIA

Judgement Date : 16 Jan 2020

Citation : 2020 Latest Caselaw 49 SC

Headnote :

Adjusted Gross Revenue - Payment of legal obligations - Review petitions filed by telecom companies - Bharti Airtel, Vodafone Idea, and others are requesting a review of the order mandating them to pay Rs. 1.47 lakh crore in outstanding statutory dues related to Adjusted Gross Revenue - The review p...

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RAJNEESH KHAJURIA vs. WOCKHARDT LTD.

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 34 SC

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

State of Haryana & Ors Vs. Ch. Bhajan Lal & Ors [1990] INSC 365 (21 November 1990)
S. Pratap Singh Vs. The State of Punjab [1963] INSC 186 (2 September 1963)

Headnote :

IMPORTANTUnfair Labour Practice - The Industrial Tribunal lacks jurisdiction to adjudicate matters concerning unfair labour practices.A. Under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, and the Industrial Disputes Act, 1947, Section 2(s) regardin...

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MOHD. RASHID vs. DIRECTOR, LOCAL BODIES, NEW SECRETARIAT

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 35 SC

Headnote :

Service Matter - Position of Administrative Officer - Direct recruitment - The Recruitment Rules stipulate that 50% of the positions are to be filled through promotion, and if that is not possible, then through direct recruitment, while the other 50% is to be filled by deputation, and if that is als...

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EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT SELU, DISTRICT PARBHANI, MAHARASHTRA vs. STATE OF MAHARASHTRA

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 36 SC

Headnote :

IMPORTANTLand Acquisition - Denial of interest on the increased compensation amount due to delays in filing LPAs in the High Court.According to Section 4 of the Land Acquisition Act, 1894, regarding land acquisition - the increase in compensation amount and the awarding of statutory benefits and int...

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SRI UTTAM CHAND vs. NATHU RAM

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 37 SC

Karnataka Board of Wakf Vs. Government of India & Ors [2004] Insc 281 (16 April 2004)

Headnote :

IMPORTANTContinuous possession alone is not enough to establish a claim for adverse possession.According to Article 65 of the Limitation Act, 1963, regarding adverse possession and the limitation period for filing a suit for possession: The plaintiff acquired the property from the Managing Officer o...

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STATE REP. BY THE INSPECTOR OF POLICE vs. M. MURUGESAN

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 38 SC

Constitution of India
CrPC Section 200. Examination of complainant
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 97. Search for persons wrongfully confined

Pankaj Kumar Vs. State of Maharashtra & Ors [2008] INSC 1096 (11 July 2008)

Headnote :

IMPORTANTThe jurisdiction of the High Court under section 439 of the Cr.P.C., 1973 is confined to the decision of whether to grant bail pending trial; this jurisdiction concludes once a decision is made.According to Section 439 of the Criminal Procedure Code, 1973, regarding regular bail, the High C...

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STATE OF UTTAR PRADESH vs. ALI HUSSAIN ANSARI

Judgement Date : 15 Jan 2020

Citation : 2020 Latest Caselaw 39 SC

Headnote :

Service law - Consideration of the period from the initial appointment date to the actual joining date - Post-retirement benefits including seniority and promotion, excluding salary arrears based on the principle of \'no work no pay\' - It was determined that although the respondent was recommended...

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PADUM KUMAR vs. STATE OF UTTAR PRADESH

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 30 SC

Indian Penal Code, 1860 (IPC)
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 468. Forgery for purpose of cheating

Magan Bihari Lal Vs. State of Punjab [1977] INSC 54 (15 February 1977)

Headnote :

IMPORTANTConviction cannot rely solely on the testimony of a handwriting expert, as it serves only as corroborative evidence.A. Under the Indian Penal Code, 1860, Sections 467 and 468 concerning forgery of valuable securities and cheating - A handwriting expert\'s report indicated that the accused,...

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OM PAL SINGH vs. DISCIPLINARY AUTHORITY

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 31 SC

A.P.S.R.T.C. & Ors Vs. Abdul Kareem [2007] Insc 38 (12 January 2007)

Headnote :

IMPORTANTReinstatement - The reinstatement does not automatically entitle an individual to back wages, continuity of service, or any consequential benefits.According to the Muzaffarnagar Kshetriya Gramin Bank (Modified) Officer and Staff Services Regulations, 2010, Regulation No.38 (kha) (4) - Reins...

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GAJARABA BHIKHUBHA VADHER vs. SUMARA UMAR AMAD

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 32 SC

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

Headnote :

A. Under Section 100 of the Civil Procedure Code, 1908, a second appeal can be made on substantial questions of law. When such a question is formulated upon admission, it must be addressed by the High Court, which is required to provide reasoning and reach a conclusion based on that.[Para 12]B. Acco...

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VINAY SHARMA vs. STATE OF N.C.T. OF DELHI

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 33 SC

Headnote :

Curative Petition of the Nirbhaya convicts - Execution of the death sentence is stayed - According to the pertinent documents, no case has been established within the criteria outlined in the Supreme Court\'s decision reported in 2002 (4) SCC 388 - The death sentence is affirmed.[Para 2]

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SHAMSHER SINGH SANDHU vs. UNION OF INDIA

Judgement Date : 14 Jan 2020

Citation : 2020 Latest Caselaw 42 SC

Headnote :

According to Article 142 of the Constitution of India, 1950, regarding retirement benefits, the appellant continued to serve in the position of Inspector General (IG) following a promotion until he was reverted to the rank of Deputy Inspector General (DIG). This reversion was executed without provid...

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NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS vs. RAJESH KUMAR

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 26 SC

Code of Civil Procedure, 1908 (CPC)
Commissions for Protection of Child Rights Act, 2005
Indian Penal Code, 1860 (IPC)
Juvenile Justice (Care and Protection of Children) Act, 2015
United Nations Convention on the Rights of the Child

Headnote :

A. Under the Commissions for Protection of Child Rights Act, 2005, specifically Sections 13(5) and 24, regarding the sale of children in Jalpaiguri, there is a need for coordination among institutions. If the State Commission has already initiated an inquiry, the National Commission should refrain f...

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NATIONAL INSURANCE COMPANY LTD. vs. BIRENDER

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 27 SC

Arbitration and Conciliation Act, 1996
Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]

Headnote :

IMPORTANTAll major married and earning sons of a deceased individual, as legal representatives, have the right to seek compensation in the event of an accidental death.A. Under Section 166 of the Motor Vehicles Act, 1988, a major earning son is entitled to claim compensation for death in an accident...

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K.LUBNA vs. BEEVI

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 28 SC

Yeswant Deorao Deshmukh Vs. Walchand Ramchand Kothari [1950] INSC 34 (1 December 1950)

Headnote :

IMPORTANTEviction - Sub-letting any portion of rented premises can lead to eviction from the entire property.According to Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 - Sub-letting - Eviction from the entire rented premises is permissible. It has been determined that s...

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M.C. MEHTA vs. UNION OF INDIA

Judgement Date : 13 Jan 2020

Citation : 2020 Latest Caselaw 29 SC

Air (Prevention and Control of Pollution) Act, 1981
Constitution of India
Construction and Demolition Waste Management Rules, 2016
IPC Section 188. Disobedience to order duly promulgated by public servant
Ministry of Environment, Forest and Climate Change
Solid Waste Management Rules, 2016

Headnote :

A. Pollution Control - Transportation System - It is crucial to establish an efficient public transport system to minimize the use of private vehicles. Unless the government fulfills its responsibility to provide a robust public transport system, the reliance on private vehicles will continue, exace...

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KAPICO KERALA RESORTS PVT.LTD vs. STATE OF KERALA

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 23 SC

Kerala Land Conservancy Act, 1957

Jagannath & Ors Vs. Union of India [1961] INSC 171 (20 April 1961)

Headnote :

IMPORTANTIf the detailed reasons provided by a subordinate court are accepted by a higher court in specific terms, there is no need to examine whether those reasons were given in passing or with detailed focus.A. Environmental Protection Act, 1986, Sections 3(1) and 3(2)(v) - Breach of Coastal Regul...

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ANURADHA BHASIN vs. UNION OF INDIA

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 24 SC

Constitution of India
Criminal Procedure Code, 1973
Indian Telegraph Act, 1885
Jammu and Kashmir Reorganisation Act, 2019
National Telecom Policy, 2012

Headnote :

CRUCIALThe right to freedom of speech and expression, as well as the right to engage in trade and commerce via the internet, is protected by the Constitution and can only be restricted in accordance with Article 19(6).If the State issues an order that limits fundamental rights and this order is not...

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STATE OF ODISHA vs. SRI GANESH CHANDRA SAHOO

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 25 SC

Rajinder Kumar Vs. State of Haryana [JANUARY 14, 2015]

Headnote :

A. Misconduct - The punishment of discharge from service has been replaced with compulsory retirement. The respondent invoked a self-serving medical record, having been absent from duty for approximately seven years after taking a 9-day leave. If the respondent truly suffered from cerebral malaria i...

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SANKATH PRASAD vs STATE OF UTTAR PRADESH

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 43 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 and 304 Part I, addresses culpable homicide and the modification of a conviction. The incident in question occurred spontaneously as a result of a dispute regarding the excavation of a mound by the appellant\'s brother, which the complainant o...

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V. SURENDRAN NAIR vs. STATE OF KERALA

Judgement Date : 10 Jan 2020

Citation : 2020 Latest Caselaw 44 SC

IPC Section 120B. Punishment of criminal conspiracy

Headnote :

IMPORTANTInstead of rejecting the Revision application due to delay, it should be evaluated based on its merits.According to the Prevention of Corruption Act, 1988, Section 13(2) in conjunction with Sections 13(1)(c) and 13(1)(d), and the Criminal Procedure Code, 1973, Section 401, the dismissal of...

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BALKRISHNA RAM vs. UNION OF INDIA

Judgement Date : 09 Jan 2020

Citation : 2020 Latest Caselaw 21 SC

Armed Forces Tribunal Act, 2007
Constitution of India

L. Chandra Kumar Vs. The Union of India & Ors [1994] INSC 630 (2 December 1994)
L. Chandra Kumar Vs. Union of India & Ors [1994] INSC 633 (2 December 1994)

Headnote :

IMPORTANTEven in the presence of an alternative remedy, the High Court retains the authority to exercise its Writ Jurisdiction.A. Armed Forces Tribunal Act, 2007 Sections 14, 15, and 34; Constitution of India, 1950 Article 226 - The existence of an alternative remedy does not preclude the High Court...

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SHILPA MITTAL vs. STATE OF NCT OF DELHI

Judgement Date : 09 Jan 2020

Citation : 2020 Latest Caselaw 22 SC

Indian Penal Code, 1860 (IPC)
IPC Section 122. Collecting arms, etc., with intention of waging war against the Government of India
Juvenile Justice (Care and Protection of Children) Act, 2015
Maharashtra Tenancy and Agricultural Lands Act, 1948

Headnote :

IMPORTANTOffences that have a maximum sentence of over 7 years but do not specify a minimum sentence cannot be classified as heinous offences.A. According to Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, heinous offences are categorized into three types: Petty of...

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UNION OF INDIA vs. RAMESH

Judgement Date : 09 Jan 2020

Citation : 2020 Latest Caselaw 45 SC

Headnote :

IMPORTANTThe dismissal of an appointed candidate will not reinstate the Select List.Appointment - Entitlement - The selection process initiated following the notification concluded with the appointment order of the employee. Once a candidate is selected and appointed to a position, the Select List i...

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MANGILAL KAJODIA vs. UNION OF INDIA

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 14 SC

Headnote :

The Constitution of India, 1950, Article 32 discusses the removal from service and reinstatement, along with entitlement to wages. The petitioner was dismissed from service for failing to report to the new location after a transfer. Although the petitioner was reinstated, the entire duration of abse...

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INDIAN BANK vs. PROMILA

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 15 SC

Headnote :

Compassionate appointment - In the case of an employee\'s death while in service, the scheme that provides for ex-gratia payments is not applicable to the respondents. Only the 1979 scheme is relevant, which does not include provisions for ex-gratia payments. The option for compassionate appointment...

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