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M.ARUMUGAM vs. AMMANIAMMAL AND ORS.

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 16 SC

Headnote :

IMPORTANTUpon the death of a coparcener, a notional partition is considered to have occurred immediately prior to their death - The property can no longer be regarded as joint property.A. Hindu Succession Act, 1956 Sections 4 and 6 - Devolution of property upon the death of a coparcener - A notional...
VIDAYA DEVI vs. STATE OF HIMACHAL PRADESH

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 17 SC

Headnote :

CRUCIALLand Acquisition - The State cannot establish its ownership over land by using the doctrine of adverse possession to seize property from its own citizens.Land Acquisition - The State\'s forceful removal of individuals from their property - Delays and inaction in approaching the Court - There...
CANARA BANK vs. KAMESHWAR SINGH

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 18 SC

Headnote :

The Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976, specifically Regulation 4(h) and 5(3), state that the order of punishment is to be quashed and the matter is to be sent back to the Disciplinary Authority or Deputy General Manager. It was determined that according to...
STATE OF GUJARAT vs. AMBER BUILDERS

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 19 SC

Headnote :

IMPORTANTThe Arbitration Tribunal is authorized to issue interim orders in accordance with Section 17 of the Arbitration and Conciliation Act.According to Section 17 of the Arbitration and Conciliation Act, 1996, and Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,...
SURINDER SINGH DESWAL @ COL. S. S. DESWAL vs. VIRENDER GANDHI

Judgement Date : 08 Jan 2020

Citation : 2020 Latest Caselaw 20 SC

Headnote :

IMPORTANTDishonour of Cheque - If the conditions for the suspension of a sentence are not met, the order for suspension can be considered as revoked.A. Under the Negotiable Instruments Act, 1881, Sections 143A and 148, regarding the deposit of compensation amount - Failure to comply with the order -...
UNION OF INDIA vs. EX NO. 3192684 W SEP. VIRENDRA KUMAR

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 6 SC

Headnote :

IMPORTANTArmy Act - The absence of an opportunity to be present throughout the inquiry during Court of Inquiry proceedings cannot be raised once a final order has been issued by the Court Martial following a comprehensive trial.Army Act - The lack of opportunity to be present throughout the inquiry...
UNION OF INDIA vs. RELIANCE COMMUNICATION LIMITED

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 7 SC

Headnote :

The Constitution of India, 1950, Article 136 discusses the retention of excess amounts and the direction to refund them. The respondent licensees were experiencing financial difficulties and were unable to meet the conditions of their licenses regarding the payment of deferred spectrum charges. The...
PURSHOTTAM CHOPRA vs. STATE(GOVT. OF NCT OF DELHI)

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 8 SC

Headnote :

IMPORTANTDying declaration - Cannot be dismissed solely due to the absence of recording by a Magistrate or lack of attestation.A. Indian Penal Code, 1860, Section 302 in conjunction with Section 34 - Evidence Act, 1872 Section 32 Dying declarations - Key Principles:i) A dying declaration can serve a...
RAMKHILADI vs. UNITED INDIA INSURANCE COMPANY

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 9 SC

Headnote :

IMPORTANTThe provisions of Section 163A of the Act do not apply in cases where the owner of the motor vehicle is involved in the accident.According to Section 163A of the Motor Vehicles Act, 1988, in the case of a vehicular accident where the deceased was the borrower and authorized user of a motorc...
ANANTA KAMILYA vs. STATE OF WEST BENGAL

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 10 SC

Headnote :

The Indian Penal Code, 1860, Section 302, addresses murder. It is clear that the deceased died from injuries inflicted by the accused. However, the incident occurred spontaneously following a brief altercation, during which the accused picked up a lathi that was nearby and struck the deceased on the...
MYAKALA DHARMARAJAM vs. STATE OF TELANGANA

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 11 SC

Headnote :

The Criminal Procedure Code of 1973, Section 439(2), along with the Indian Penal Code of 1860, Sections 148, 120B, and 302 in conjunction with Section 149, pertains to the cancellation of bail. The complaint indicates that the accused individuals were freely moving about the village and intimidating...
A. MAHALAKSHMI vs. BALAVENKATRAM(D) THROUGH LR

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 12 SC

Headnote :

IMPORTANTA tenant is allowed to induct a partner into their business as long as the partnership is authentic. If the partnership is merely for show, it will be considered subletting.A. Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 2(6) - Eviction Suit - Relationship between landla...
M.E. SHIVALINGAMURTHY vs. CENTRAL BUREAU OF INVESTIGATION, BENGALURU

Judgement Date : 07 Jan 2020

Citation : 2020 Latest Caselaw 13 SC

Headnote :

IMPORTANTThe defense of the accused should not be considered at the stage when the accused requests to be discharged - The Code does not grant the accused the right to present any documents during the charge framing stage.A. Criminal Procedure Code, 1973 Section 227 Discharge - Legal principle - The...
SK. MD. RAFIQUE vs. MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND ORS

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 1 SC

Headnote :

IMPORTANTThe right granted to minority educational institutions to appoint teachers of their choice is not absolute; the State has the authority to regulate service conditions.A. According to Article 30 of the Constitution of India, 1950, and Sections 8, 10, 11, and 12 of the West Bengal Madarsah Se...
SURINDER NATH KESAR vs. BOARD OF SCHOOL EDUCATION

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 2 SC

Headnote :

A. According to Rule 4.23 of the Punjab Civil Services Rules, Volume II, which pertains to the granting of pensions by accounting for interruptions in service, it has been determined that this rule does not allow for the condonation of interruptions lasting more than one year. Consequently, the appe...
AMBALAL SARABHAI ENTERPRISE LIMITED vs. KS INFRASPACE LLP LIMITED

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 3 SC

Headnote :

IMPORTANTA plaintiff seeking a temporary injunction in a specific performance lawsuit must demonstrate a strong prima facie case based on undisputed facts.According to Section 36 of the Specific Relief Act, 1963, regarding the sale and purchase of the disputed lands - the acceptance of the draft Mem...
SURINDER KUMAR vs. STATE OF PUNJAB

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 4 SC

Headnote :

IMPORTANTThe absence of an independent witness examination by the prosecution does not imply that the accused was wrongfully implicated.A. Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 18 and 50 - Recovery of opium - The failure to examine an independent witness does not violate the...
ASSAM PUBLIC WORKS vs. UNION OF INDIA

Judgement Date : 06 Jan 2020

Citation : 2020 Latest Caselaw 5 SC

Headnote :

The Constitution of India, 1950, Article 32 - Writ Petition regarding the NRC states that children of parents who have been granted citizenship through the NRC should not be separated from their parents and placed in a detention center in Assam while awaiting the outcome of this application.
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