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Dr. Naresh Kumar Mangla Vs. Smt. Anita Agarwal

Judgement Date : 17 Dec 2020

Citation : 2020 Latest Caselaw 666 SC

Headnote :

A. Under the Criminal Procedure Code of 1973, Section 438 of the Indian Penal Code of 1860, and Sections 498A and 304B concerning dowry death, the anticipatory bail has been canceled. The informant\'s daughter experienced an unnatural death shortly after the complaint was filed. The FIR mentions pri...
Registrar Karnataka University Vs. Dr. Prabhugouda

Judgement Date : 17 Dec 2020

Citation : 2020 Latest Caselaw 667 SC

Headnote :

According to Section 2(2) of the Karnataka State Universities Act, 2000, promotions under the Career Advancement Scheme are granted to incumbent teachers based solely on their entry date into the University. The effective date for all purposes is the date the respondent began their service at the Un...
Anglo American Metallurgical Coal Pty Ltd. Vs. MMTC Ltd.

Judgement Date : 17 Dec 2020

Citation : 2020 Latest Caselaw 668 SC

Headnote :

A. Under the Arbitration and Conciliation Act, 1996, Section 34, and the Evidence Act, 1872, Section 94, the principle of patent ambiguity applies only when a document accurately reflects existing facts, including the specific meaning of words used. In the current case, the three \"crucial\" emails...
Sanjai Tiwari Vs. State of Uttar Pradesh

Judgement Date : 16 Dec 2020

Citation : 2020 Latest Caselaw 664 SC

Headnote :

The Criminal Procedure Code of 1973, Section 482, along with Section 13(1) and Section 13(2) of the Prevention of Corruption Act of 1988, and Sections 420, 467, 468, 471, 477A, and 120B of the Indian Penal Code of 1860, are referenced in this case. A third party has challenged the criminal proceedin...
Seelan @ Jeyaseelan Vs. The Inspector of Police

Judgement Date : 16 Dec 2020

Citation : 2020 Latest Caselaw 665 SC

Headnote :

The rape charge under Section 376(1) of the Indian Penal Code, 1860, was not limited to just that section, as the petitioner\'s counsel argued. It also falls under Section 376, which encompasses Section 376(2), carrying a sentence of 10 years. Since the State did not file any appeal and the incident...
Dr. AKB Sadbhavana Mission School of Homeo Pharmacy Vs. The Secretary, Ministry of Ayush

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 660 SC

Headnote :

Homeopathy Central Council Act, 1973, Section 33 in conjunction with Section 24 - Homeopathic remedies for the prevention and alleviation of Covid-19 - The appellants argued that the directives from the Division Bench of the Kerala High Court in paragraph 14, which called for actions against Homeopa...
Action Ispat and Power Pvt. Ltd. Vs. Shyam Metalics and Energy Ltd.

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 661 SC

Headnote :

The Companies Act of 1956, specifically Sections 433(e), 433(f), 434, and 439, along with Section 434(1)(c) of the Companies Act of 2013 and Rules 5 and 6 of the Companies (Transfer of Pending Proceedings) Rules, 2016, address the winding up of companies and the transfer of proceedings. Winding up p...
Samir Agrawal Vs. Competition Commission of India

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 662 SC

Headnote :

Competition Act, 2002 Section 3(1) in conjunction with Section 3(3)(a), Section 3(4)(e), and Section 26(2) - Dismissal of complaint regarding anti-competitive behavior by Ola and Uber - The appellant Informant argued that due to algorithmic pricing, riders cannot negotiate fares with individual driv...
Smt. S. Vanitha Vs. The Deputy Commissioner, Bengaluru Urban District

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 663 SC

Headnote :

A. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, and the Protection of Women from Domestic Violence Act, 2005, Section 17 - Women\'s Rights in Shared Housing - The rights of women to secure housing affirm their entitlement to reside in the matrimonial home or share...
IQBAL Basith Vs. N. Subbalakshmi

Judgement Date : 14 Dec 2020

Citation : 2020 Latest Caselaw 657 SC

Headnote :

According to Article 136 of the Constitution of India, 1950, the appellants sought a permanent injunction as their only form of relief. The respondents did not contest the appellants\' title to the property in question. They acknowledged their ownership and possession of a different plot, which is l...
Amar Nath Chaubey Vs. Union of India

Judgement Date : 14 Dec 2020

Citation : 2020 Latest Caselaw 658 SC

Headnote :

A. The Constitution of India, 1950, Articles 14 and 21 - The police have a legal obligation to conduct investigations into any crime in accordance with the law as outlined in the Criminal Procedure Code (Cr.P.C). A fair investigation is an essential aspect of Articles 14 and 21 of the Constitution o...
Vidya Drolia Vs. Durga Trading Corporation

Judgement Date : 14 Dec 2020

Citation : 2020 Latest Caselaw 659 SC

Rohtas Vs. State of Haryana

Judgement Date : 10 Dec 2020

Citation : 2020 Latest Caselaw 655 SC

Headnote :

A. Indian Penal Code, 1860, Sections 148, 149, and 34; Criminal Procedure Code, 1973, Sections 211 to 224 - Modification of charge sheet - If the number of accused exceeds five at the time of filing the charge sheet, but due to acquittals during the trial, the remaining accused number falls below fi...
A. P. J. Abdul Kalam Technological University Vs. Jai Bharath College of Management and Engineering Technology

Judgement Date : 10 Dec 2020

Citation : 2020 Latest Caselaw 656 SC

Headnote :

The APJ Abdul Kalam Technological University Act of 2015, specifically Sections 60 and 63, addresses the granting of affiliation and allows the University to impose additional conditions. The authority of universities to establish higher norms and standards is unquestionable. Although universities a...
Madhavi Vs. Chagan

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 650 SC

Headnote :

The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, specifically Rule 6 in conjunction with Rule 2(1)(j), pertains to the promotion to the position of Head Master. The respondent petitioner contested the promotion of the appellant respondent to Head Master, asserting se...
Saritha S. Nair Vs. Hibi Eden

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 651 SC

Headnote :

A. According to Section 8(3) of the Representation of The People Act, 1951, a conviction leads to disqualification from contesting elections. The date of conviction marks the beginning of the disqualification period, while the date of release determines when the disqualification ends. This means tha...
Titty Alias George Kurian Vs. The Deputy Range Forest Officer

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 652 SC

Headnote :

The Wild Life (Protection) Act of 1972, specifically Sections 2, 9, 39A, 49A, and 51, has been invoked in a case regarding the possession of a turtle by the respondent. The turtle in question has been identified as the Indian Flap Shell Turtle (Lissemys punctata), while the species listed in Part II...
Kush Kalra Vs. Union of India

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 653 SC

Headnote :

The Constitution of India, 1950, Article 32: The petitioner challenges the decision made by various States and Union Territories to place posters outside the homes of individuals who are COVID-19 positive and are mandated to isolate at home. The petitioner claims that this action constitutes a serio...
The Institute of Chartered Accountants of India Vs. Shaji Poulose

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 654 SC

Headnote :

The Constitution of India, 1950, Article 139A(1) - Supreme Court Rules 2013, Order 40, Rule 1 - Case Transfers - The petitioner requested the transfer of multiple Writ Petitions currently pending in High Courts. The petitioners in these writ petitions have contested the validity of Chapter VI of Gui...
State of Madhya Pradesh Vs. Uttar Pradesh State Bridge Corporation Ltd.

Judgement Date : 08 Dec 2020

Citation : 2020 Latest Caselaw 645 SC

Headnote :

Article 14 of the Constitution of India, 1950 - Suppression of Information - Rejection of Tender - The appellant rejected the tender submitted by the respondent corporation, claiming that it had suppressed crucial information regarding a First Information Report (FIR) filed against it for a bridge i...
Daulat Singh (D) through LRS. Vs. State of Rajasthan

Judgement Date : 08 Dec 2020

Citation : 2020 Latest Caselaw 646 SC

Headnote :

A. Under Section 30DD of the Rajasthan Tenancy Act, 1955, and Section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, the State Government is empowered to reopen cases if it determines that a previous order violated the Act\'s provisions and harmed the State\'s interest...
Smriti Madan Kansagra Vs. Perry Kansagra

Judgement Date : 08 Dec 2020

Citation : 2020 Latest Caselaw 647 SC

Headnote :

Custody of minor child - Modification of orders - The Civil Appeal was dismissed by majority judgment with specific instructions for the appellant mother to transfer custody of the minor child to the father. The father subsequently obtained a corresponding order from the Court in Nairobi as instruct...
Anita Sharma Vs. The New India Assurance Co. Ltd.

Judgement Date : 08 Dec 2020

Citation : 2020 Latest Caselaw 648 SC

Headnote :

A. Under Section 166 of the Motor Vehicles Act, 1988 and Section 137 of the Evidence Act, 1872, the failure of the respondents to cross-examine the sole eyewitness or to present their version, despite having sufficient opportunity, should lead to the conclusion that they have implicitly admitted the...
The Project Director, Project Implementation Unit Vs. P.V. Krishnamoorthy

Judgement Date : 08 Dec 2020

Citation : 2020 Latest Caselaw 649 SC

Headnote :

A. The National Highways Act of 1956, Section 2(2), along with Articles 246 and 257 of the Constitution of India (1950), addresses the legislative authority over National Highways. The 1956 Act and the National Highway Authority of India Act of 1988, enacted by Parliament under Entry 23 of List I in...
Telangana Power Generation Corporation Ltd. (TSGENCO) Vs. Andhra Pradesh Power Generation Corporation Ltd.

Judgement Date : 07 Dec 2020

Citation : 2020 Latest Caselaw 641 SC

Headnote :

A. Under Section 82 of the Andhra Pradesh Reorganisation Act, 2014, the reorganization of the state involved the allocation of employees between the newly formed states of Telangana and Andhra Pradesh. The Act allowed the states to determine the methods for distributing personnel, but when they fail...
National Medical Commission Vs. Mothukuru Sriyah Koumudi

Judgement Date : 07 Dec 2020

Citation : 2020 Latest Caselaw 642 SC

Headnote :

A. Constitution of India, 1950, Article 136 - Denial of Admission - The respondent was provisionally admitted to the MS (General Surgery) Course at the College based on her NEET PG Examination merit. However, she was denied admission because she did not appear before the College Chairman on the admi...
Vikesh Kumar Gupta Vs. State of Rajasthan

Judgement Date : 07 Dec 2020

Citation : 2020 Latest Caselaw 643 SC

Headnote :

The Constitution of India, 1950, Article 136 - Expert Committee\'s Opinion - Court Interference - Courts are not permitted to question the accuracy of the Expert Committee\'s questions and answer key to reach a different conclusion. They should exercise caution before interfering with expert opinion...
Issak Nabab Shah Vs. State of Maharashtrad

Judgement Date : 03 Dec 2020

Citation : 2020 Latest Caselaw 634 SC

Headnote :

Under the Narcotic Drugs and Psychotropic Substances Act of 1985, specifically Sections 8(c) and 20(b), the accused was found in possession of 6.300 kilograms of Ganja. This amount falls between the small quantity and commercial quantity categories. The maximum penalty for this offense is 10 years o...
Sumedh Singh Saini Vs. State of Punjab

Judgement Date : 03 Dec 2020

Citation : 2020 Latest Caselaw 635 SC

Headnote :

The Criminal Procedure Code of 1973, Section 438, and the Indian Penal Code of 1860, Section 302, address anticipatory bail. In this case, an FIR was filed by the deceased\'s brother nearly 29 years after the incident and 9 years following the Supreme Court\'s decision in the case reported as (2011)...
Inderjit Singh Sodhi Vs. The Chairman, Punjab State Electricity Board

Judgement Date : 03 Dec 2020

Citation : 2020 Latest Caselaw 637 SC

Headnote :

A. According to Regulation 7(a)(ii) of the Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965, in conjunction with Regulation 10, employees of the Board are eligible for a time-bound revised promotional scale after 9/16 years of service. As per the First and Second Circula...
Pankjeshwar Sharma Vs. State of Jammu & Kashmir

Judgement Date : 03 Dec 2020

Citation : 2020 Latest Caselaw 638 SC

Headnote :

A. According to Articles 14 and 16 of the Constitution of India, 1950, the State is obligated to adhere to recruitment rules and ensure that candidate selection is conducted in accordance with these rules. Appointments must be made following the established recruitment procedures, and all efforts sh...
Jayant Vs. State of Madhya Pradesh
Skill Lotto Solutions Pvt. Ltd. Vs. Union of India

Judgement Date : 03 Dec 2020

Citation : 2020 Latest Caselaw 640 SC

Headnote :

A. The Constitution of India, 1950, Articles 14, 19(1)(g), 301, and 304; Central Goods and Services Tax Act, 2017, Section 2(52); Lotteries (Regulation) Act, 1998, Section 2(b) - Actionable claims - Inclusion in the definition of goods - Tax imposition - The Parliament has been granted the authority...
Nimay Sah Vs. State of Jharkhand

Judgement Date : 02 Dec 2020

Citation : 2020 Latest Caselaw 630 SC

Headnote :

According to the prosecution\'s account under Section 498A of the Indian Penal Code, 1860, in conjunction with Section 34, the accused\'s involvement was limited to a demand for dowry of Rs. 10,000 during the vidai ceremony, followed by harassment due to non-payment. However, none of the witnesses p...
M/s. Panther Security Service Pvt. Ltd. Vs. The Employees' Provident Fund Organisation

Judgement Date : 02 Dec 2020

Citation : 2020 Latest Caselaw 631 SC

Headnote :

The Employees Provident Funds and Miscellaneous Provisions Act of 1952, Section 7A, addresses the determination of funds owed by the employer. It was ruled that the provisions of the EPF Act are applicable to private security agencies that provide specialized personnel to their clients, provided the...
Paramvir Singh Saini Vs. Baljit Singh

Judgement Date : 02 Dec 2020

Citation : 2020 Latest Caselaw 632 SC

Headnote :

#A. Under the Protection of Human Rights Act, 1993, specifically Sections 17 and 18, and Article 21 of the Constitution of India, individuals who experience serious injuries or custodial deaths due to police force are entitled to file complaints with the State Human Rights Commission. The Commission...
Sandeep Kumar Vs. State of Uttarakhand

Judgement Date : 02 Dec 2020

Citation : 2020 Latest Caselaw 633 SC

Headnote :

A. Under Sections 378 and 386 of the Criminal Procedure Code, 1973, and Section 304B of the Indian Penal Code, 1860, regarding dowry death, the prosecution did not succeed in proving that the cause of death was unnatural. The allegations concerning a demand of Rs. 10 lakhs by the accused are fraught...
STATE OF JHARKHAND vs BRAHMPUTRA METALLICS LTD., RANCHI

Judgement Date : 01 Dec 2020

Citation : 2020 Latest Caselaw 628 SC

Headnote :

A. Under Section 9 of the Bihar Electricity Duty Act, 1948 - Notification regarding the prospective effect of the rebate/deduction from electricity duty as per the Jharkhand Industrial Policy, 2012 - Is the respondent eligible to claim a 50% rebate or deduction on the assessed electricity duty for t...
S. D. CONTAINERS INDORE VS. M/S. MOLD TEK PACKAGING LTD.

Judgement Date : 01 Dec 2020

Citation : 2020 Latest Caselaw 629 SC

Headnote :

A. According to Section 22(4) of the Designs Act, 2000 and Section 3 of the Commercial Court Act, 2015, the jurisdiction of Commercial Courts is addressed in two scenarios: one for High Courts with ordinary original civil jurisdiction and another for those without such jurisdiction. In cases where H...
ARNAB MANORANJAN GOSWAMI vs STATE OF MAHARASHTRA

Judgement Date : 27 Nov 2020

GAJENDRA SHARMA vs UNION OF INDIA

Judgement Date : 27 Nov 2020

Citation : 2020 Latest Caselaw 624 SC

Headnote :

According to Article 32 of the Constitution of India, 1950, and Section 6 of the Disaster Management Act, 2005, the Central Government has decided to waive interest on loan amounts during the moratorium period. This decision, aimed at providing relief during the COVID-19 pandemic, allows for the wai...
MADRAS BAR ASSOCIATION vs UNION OF INDIA

Judgement Date : 27 Nov 2020

Citation : 2020 Latest Caselaw 625 SC

Headnote :

A. Constitution of India, 1950, Articles 323A and 232B - Establishment of the National Tribunal Commission - Directives - The performance and operations of Tribunal Members must be evaluated by an independent entity, similar to the oversight by High Courts under Article 235 of the Constitution. In a...
DR. PRERIT SHARMA vs DR. BILU B. S.

Judgement Date : 27 Nov 2020

Citation : 2020 Latest Caselaw 626 SC

Headnote :

Kerala Medical Officers Postgraduate and Service Quota Act, 2008, Sections 5 and 6 - MCI Regulations, 2000, Regulation 9 - Admission to Super Speciality Medical Courses - Reservation for in-service quota - The respondent petitioner requested the implementation of a 40 percent reservation of seats in...
Indian Commodity Exchange Ltd. Vs. Neptune Overseas Ltd.

Judgement Date : 27 Nov 2020

Citation : 2020 Latest Caselaw 627 SC

Headnote :

Section 15Z of the Securities and Exchange Board of India Act, 1992 - Rejection of adjournment requests - Conclusion of orders and announcement of decisions - Assessment of substantial adherence to natural justice principles and the issue of unnecessary adjournments that were denied? - Issued direct...
Skoda Auto Volkswagen India Pvt. Ltd. Vs. State of Uttar Pradesh & Ors.

Judgement Date : 26 Nov 2020

Citation : 2020 Latest Caselaw 620 SC

Headnote :

Indian Penal Code, 1860 Sections 34, 471, 468, 467, 420, 419, and 406 - Quashing of FIR - A first information report (FIR) that reveals an offense, even in a general sense, means that the law courts cannot overstep the jurisdiction of the police. This is because the two branches of the State functio...
MANOHAR LAL JAT vs. STATE OF RAJASTHAN

Judgement Date : 26 Nov 2020

Citation : 2020 Latest Caselaw 621 SC

Headnote :

According to Rule 27 of the Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975, regarding seniority and entitlement, the Commercial Taxes Department issued a seniority list that placed those appointed through the Departmental Promotion (DP) in the 20% quota ahead of Direct...
NOY VALLESINA ENGINEERING S.P.A., (NOW KNOWN AS NOY AMBIENTE S.P.A) VS. JINDAL DRUGS LTD.

Judgement Date : 26 Nov 2020

Citation : 2020 Latest Caselaw 622 SC

Headnote :

Arbitration and Conciliation Act, 1996 Sections 34 and 48 - Foreign Award Challenge - The awards in question are classified as foreign awards. The appellant appropriately invoked the provisions of Sections 47 and 48 of the Act for the enforcement of these awards. The Division Bench addressed the res...
M/S TAMIL NADU STATE MARKETING CORPORATION LTD. vs. UNION OF INDIA

Judgement Date : 25 Nov 2020

Citation : 2020 Latest Caselaw 617 SC

Headnote :

Income Tax Act of 1961, Section 40(a)(iib)
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