Caselaw | Supreme Court Judgements of december 2019

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DIGAMBER vs. KACHRU DEAD

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1177 SC

Headnote :

The Hyderabad Tenancy and Agricultural Lands Act of 1950, Section 5, along with the Prevention of Agricultural Lands Alienation Act of 1939, Section 10, addresses the termination of mortgages and the restoration of possession. It was determined that the parties reached an amicable settlement and ent...

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UNION OF INDIA vs. LT. COL. SAMEER SINGH

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1178 SC

Headnote :

Permanent Secondment to the DGQA - Review of Technical Assessment Report - The respondent, who holds the rank of Lt. Colonel, was assigned to the DGQA. After completing two years, the respondent became eligible for consideration for Permanent Secondment. However, the respondent was not recommended b...

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STATE OF MAHARASHTRA vs. KU. NANDA

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1179 SC

R. Vishwanatha Pillai Vs. State of Kerala & Ors [2004] Insc 21 (7 January 2004)
State of Maharashtra Vs. Milind & Ors [2000] INSC 587 (28 November 2000)

Headnote :

The Constitution of India, 1950, Article 136 pertains to appointments under reserved categories and the protection against the rejection of caste certificates. An employee who claimed to belong to the Halba Scheduled Tribe retracted her claim following the ruling in State of Maharashtra v. Milind (2...

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HARDEEP SINGH vs. GURBACHAN SINGH

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1180 SC

Headnote :

Specific Relief Act, 1963 Section 20 - Specific performance of a sales agreement - Settlement - The plaintiff initiated a lawsuit for specific performance, which was granted by the trial court. The judgment and order were affirmed by the High Court. The parties reached an amicable settlement during...

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TAPAS vs. STATE OF MADHYA PRADESH

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1181 SC

Headnote :

In the Turtle poaching case under Article 136 of the Constitution of India, 1950, the Court chose not to intervene with the High Court\'s decision to deny the petitioner\'s second bail application. Although the Court instructed the trial Court to conclude the trial within six months, progress has be...

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M. JAYANTHI vs. K.R. MEENAKSHI

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1182 SC

CrPC Section 200. Examination of complainant
CrPC Section 482. Saving of inherent power of High Court
Hindu Marriage Act, 1955
Indian Evidence Act, 1872

Headnote :

IMPORTANTSecond marriage - A public document - The Gazette notification issued by the Government confirming the husband\'s second marriage is pertinent and cannot be dismissed.IMPORTANTInherent authority of the High Court - When exercising its power to quash a complaint or charge, the High Court sho...

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M/S SINGAL UDYOG vs. NATIONAL INSURANCE COMPANY LTD.

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1183 SC

Headnote :

IMPORTANTThe National Commission determined that the appeal was time-barred and therefore could not consider the merits of the case.According to Section 19 of the Consumer Protection Act, 1986, regarding appeals and the condonation of delay, the National Commission found that while the appeal was in...

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MEENA SHARMA vs. STATE OF JAMMU AND KASHMIR

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1184 SC

Headnote :

IMPORTANTAppointments from a Select List must not have an indefinite duration, as they cannot be executed at an uncertain future date.According to Article 136 of the Constitution of India, 1950, regarding the annulment of appointments - The initial challenge to the appellant\'s appointment under the...

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KEYSTONE REALTORS PVT. LTD. vs. ANIL V. THARTHARE

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1185 SC

Headnote :

The National Green Tribunal Act of 2010, Section 22, addresses the expansion of construction and associated penalties. At the start of the appellant\'s construction, the total area was 8,720.32 square meters, but upon completion, it increased to 40,480.88 square meters. The EIA Notification mandates...

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COMMISSIONER OF CENTRAL EXCISE, VADODARA-II vs. GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD.

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1186 SC

Central Excise Act, 1944
Central Excise Rules, 2002

Headnote :

According to Rule 57AD of the Central Excise Rules 1944 and Rule 6 of the CENVAT Credit Rules 2002, the situation involves the use of CENVAT duty-paid Low Sulphur Heavy Stock (LSHS) as a fuel input for steam generation. The steam produced is then used to generate electricity for the production of fe...

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BHAWNA BAI vs. GHANSHYAM

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1187 SC

State of Bihar Vs. Ramesh Singh [1977] INSC 156 (2 August 1977)

Headnote :

IMPORTANTAt the charge framing stage, the court\'s role is solely to determine if there are adequate grounds to proceed against the accused; it is not necessary for the court to provide reasons for framing the charge.A. Criminal Procedure Code, 1973 Section 228 - During the charge framing stage, the...

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M/S EMBASSY PROPERTY DEVELOPMENTS PVT. LTD. vs. STATE OF KARNATAKA

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1188 SC

Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Income Tax Act, 1961
Limitation Act, 1963
Mineral Concession Rules, 1960
Motor Vehicles Act, 1988

Shiv Kumar Chadha Vs. Municipal Corporation of Delhi & Ors [1993] INSC 257 (4 May 1993)

Headnote :

IMPORTANTThe decisions made by the Government in the realm of Public Law cannot be subject to judicial review by the NCLT; however, the validity of such decisions can be challenged in the High Court.A. According to Article 226 of the Constitution of India, 1950, the High Court has the authority to i...

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JAGJEET SINGH LYALLPURI vs. M/S UNITOP APARTMENTS AND BUILDERS LTD.

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1189 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Evidence Act, 1872

Headnote :

A. Under Sections 19 and 37 of the Arbitration and Conciliation Act, 1996, regarding challenges to an award and remanding matters, the parties have the freedom to agree on the procedures to be followed by the Arbitral Tribunal. It was noted in the presence of the parties and their counsels that they...

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SANTOSH SHARMA vs. VISHNU MAHESWARI

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1190 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The Indian Penal Code, 1860, Sections 324/34 - The accused were acquitted under Section 302 but convicted under Section 324/34, and the acquittal of the other accused was also confirmed. It was determined that the High Court\'s acquittal of the accused under Section 302 was based on a proper evaluat...

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STATE OF UTTAR PRADESH vs. RADHEY SHYAM

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1191 SC

Headnote :

Disciplinary proceedings - Violation of natural justice - The High Court determined that the disciplinary proceedings were conducted in breach of natural justice and should have sent the matter back to the disciplinary authority for new proceedings starting from the point of the violation. However,...

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RAJENDRA SINGH TOMAR vs. STATE OF UTTARAKHAND

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1192 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 420, 467, 470, 471, and 120B, addresses the quashing of an FIR. The allegations against the accused individuals involve the \"forgery\" of documents, including a Memorandum of Understanding and a Special Power of Attorney, with the intent to fraud...

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GREAT EASTERN SHIPPING CO. LTD. vs. STATE OF KARNATAKA

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1193 SC

Andhra Pradesh General Sales Tax Act, 1957
Constitution of India
Income Tax Act, 1961
Indian Carriage of Goods by Sea Act, 1925
Karnataka Sales Tax Act, 1957
Sale of Goods Act, 1930

Headnote :

A. Under Article 366(29A)(d) of the Constitution of India and Section 5C of the Karnataka Sales Tax Act, 1957, the transfer of the right to use a tug is considered a deemed sale. In this case, contractors \'let\' and charterers \'hire\' a goods vessel for a duration of six months. The term \'let\' i...

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STATE OF ODISHA vs. MANJU NAIK

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1194 SC

Headnote :

IMPORTANTInvalid pension and regular pension are not available to employees who have less than 10 years of qualifying service.According to Rule 39 of the Orissa Civil Services (Pension) Rules, 1992, premature retirement due to mental incapacity does not qualify for invalid pension or regular pension...

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P. CHIDAMBARAM vs. DIRECTORATE OF ENFORCEMENT

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1195 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
Prevention of Money Laundering Act, 2002

Headnote :

IMPORTANTThe P. Chidambaram case highlights that denying bail based on findings from sealed cover documents contradicts the principle of a fair trial.According to the Criminal Procedure Code of 1973, Section 439, and the Indian Penal Code of 1860, Sections 120B and 420, as well as the Prevention of...

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MAHARASHTRA STATE CO-OPERATIVE BANK LTD. vs. BABULAL LADE

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1196 SC

Bombay Sales Tax Act, 1959
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Land Revenue Code, 1966

Headnote :

IMPORTANTOnly statutory first charges explicitly established under Central and State laws can take precedence over the claims of secured creditors as per the SARFAESI Act. It is insufficient to simply state that dues can be recovered as arrears of land revenue.A. The Securitisation and Reconstructio...

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HARBHAJAN SINGH vs. STATE OF PUNJAB

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1197 SC

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
East Punjab Urban Rent Restriction Act, 1949
Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984
Income Tax Act, 1961
Kerala Buildings (Lease and Rent Control) Act, 1965
Orissa Hindu Religious Endowments Act, 1951
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997
Societies Registration Act, 1860
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
Transfer of Property Act, 1882
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Ravi Dutt Sharma Vs. Ratan Lal Bhargava [1984] INSC38 (20 February 1984)

Headnote :

IMPORTANTReligious institutions are established to serve a public purpose - The classification of properties belonging to religious institutions as a separate and distinct category does not violate Article 14 of the Constitution.A. Constitution of India, 1950 Article 14; Punjab Religious Premises an...

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M/S SHIUR SAKHAR KARKHANA PVT. LTD. vs. STATE BANK OF INDIA

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1198 SC

Headnote :

NOTICEAn ex-parte order issued by the State Commission can be challenged before the National Commission; a writ petition against such an order is not permissible.According to Section 21 of the Consumer Protection Act, 1986, the National Commission has the jurisdiction to hear appeals against orders...

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UNION OF INDIA vs. NAVINDRA DEVI

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1199 SC

Headnote :

Medical negligence - The widow of a soldier is directed to receive an amount of Rs. 10,00,000/- due to the negligence of Army Authorities in managing the medical case that led to the soldier\'s death.

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HINDUSTAN ZINC LIMITED vs. AJMER VIDYUT VITRAN NIGAM LIMITED

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1200 SC

Arbitration and Conciliation Act, 1996
Electricity Act, 2003

Headnote :

IMPORTANTThe State Commission is not authorized to appoint an Arbitrator under Section 86 of the Electricity Act.According to the Electricity Act, 2003, specifically Sections 42 and 86(1)(f), in conjunction with Section 158 of the Arbitration and Conciliation Act, 1996, regarding disputes between pa...

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M/S SESHASAYEE STEELS P. LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1201 SC

Income Tax Act, 1961
Transfer of Property Act, 1882

Commissioner of Income Tax Vs. Balbir Singh Maini [October 04, 2017]

Headnote :

A. According to Section 2(47)(iv) of the Income Tax Act, 1961 and Section 53A of the Transfer of Property Act, 1882, the transfer of capital assets through a license does not equate to possession. In this case, a license was granted for the purpose of developing land into flats and selling them. How...

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AUTHORISED OFFICER, LAND REFORMS TRIBUNAL vs. KOKA RAMADASAPPA

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1202 SC

Headnote :

IMPORTANTWhen land is acquired, the landowner is entitled to receive interest in addition to compensation for the delay in payment after the land has been transferred to the Government.A.P. Land Reforms (Ceiling on Agriculture Holdings) Rules, 1974, Rule 11(2) - Compensation for acquired land - Inte...

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M/S BHUWALKA STEEL INDUSTRIES.LTD vs. UNION OF INDIA

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1203 SC

Constitution of India

Headnote :

Referral to a larger Bench - Incorrect question posed - The question referred is not one that the assessee contests - Therefore, the matter is returned to the Division Bench to address the questions outlined in paragraph 20 of the case. Additionally, issues aside from the one mentioned in paragraph...

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STATION HOUSE OFFICER CBI/ACB/BANGALORE vs. B.A. SRINIVASAN

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1204 SC

CrPC Section 197. Prosecution of Judges and public servants
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
Prevention of Corruption Act, 1988

Headnote :

IMPORTANTIf the public servant in question has retired, no sanction is required to prosecute him.According to the Criminal Procedure Code of 1973, Sections 227 and 239, and the Prevention of Corruption Act of 1988, Sections 13(2), 13(1)(d), and 19, as well as the Indian Penal Code of 1973, Sections...

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MAHIPAL vs. RAJESH KUMAR @ POLIA

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1205 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

CRUCIALCourts must provide justifications for their bail decisions.According to Section 439 of the Criminal Procedure Code, 1973, and Sections 147, 148, 149, 302, and 397 of the Indian Penal Code, 1860, when a bail order is issued without a reasoned explanation, it raises a presumption of a lack of...

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STATE OF NCT OF DELHI vs. SHIV CHARAN BANSAL

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1206 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

IMPORTANTWhen framing charges - If the evidence presented to the Court reveals serious suspicion against the accused, the Court is justified in framing charges and moving forward with the trial.A. Criminal Procedure Code, 1973 Sections 227 and 228 - In the context of framing charges, the Court has t...

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BSES YAMUNA POWER LTD. vs. GHANSHYAM CHAND SHARMA

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1207 SC

Constitution of India

Headnote :

IMPORTANTAn employee who has \'voluntarily retired\' is distinct from one who has \'resigned\' from service - If an employee has resigned, there is no need to determine whether they have \'voluntarily retired\' or \'resigned.\'IMPORTANTLoss of past service - Regardless of an employee\'s twenty years...

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RAJESH KUMAR DWIVEDI vs. STATE OF UTTAR PRADESH

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1208 SC

Headnote :

Appointment - Position of Instructor in the Fitter subject - Lack of educational qualifications - Eligibility - The educational requirement for the Fitter position was a certificate in the relevant trade from the National Council of Vocational Training (NCVT), along with two years of experience in a...

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STATE OF TELANGANA vs. MANAGIPET @ MANGIPET SARVESHWAR REDDY

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1209 SC

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence
CrPC Section 482. Saving of inherent power of High Court
Prevention of Corruption Act, 1988

Gokaraju Rangaraju Vs. State of Andhra Pradesh [1981] INSC 93 (15 April 1981)

Headnote :

IMPORTANTCorruption case - A preliminary inquiry before the registration of a crime is not required in every instance.A. According to Section 17 of the Prevention of Corruption Act, 1988, an investigation into disproportionate assets relative to known sources of income can be conducted by a police o...

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DARSHAN SINGH vs. STATE OF PUNJAB

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1210 SC

CrPC Section 161. Examination of witnesses by police

Ram Lal Vs. State of Himachal Pradesh [October 03, 2018]
Devi Lal Vs. State of Rajasthan [2008] INSC 1843 (3 November 2008)
Ajay Singh Vs. State of Maharashtra [2007] Insc 688 (6 June 2007)
Devi Lal Vs. State of Rajasthan [2007] Insc 1056 (12 October 2007)

Headnote :

A. Under the Indian Penal Code of 1860, Section 302, and the Evidence Act of 1872, Section 27, the case involves the murder of an elderly mother amid a land dispute. The deceased had inherited a share of land from her deceased son. Out of the 5 Bighas of land she inherited, she sold 1 Bigha for Rs....

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M/S UNICORN INDUSTRIES vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1211 SC

Additional Duties of Excise (Goods of Special Importance) Act, 1957
Central Excise Act, 1944
Central Excise Laws (Amendment and Validation) Act, 1982
Central Excises and Salt Act, 1944
CENVAT Credit Rules, 2004
Finance Act, 2005
Finance Act, 2007
General Clauses Act, 1897

Mahanagar Railway Vendors Union Vs. Union of India [1993] INSC 210 (12 April 1993)

Headnote :

The First Schedule of the Central Excise Tariff Act, 1985, along with Chapter 21 of the Central Excise Act, 1944, Section 5A of the Central Excise Rules, 1944, and Section 136 of the Finance Act, 2001, pertains to the imposition of education cess, higher education cess, and National Calamity Conting...

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NAGARAJA vs. STATE OF KARNATAKA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1212 SC

Headnote :

The Constitution of India, 1950, Article 136, and the Indian Penal Code, 1860, Section 397, pertain to robbery or dacoity. In this case, the appellant was accused of committing dacoity but was acquitted by the Trial Court. However, the High Court allowed the State\'s appeal and convicted the appella...

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STATE OF BIHAR vs. PHULPARI KUMARI

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1213 SC

Headnote :

IMPORTANTReinstatement - Interference with departmental inquiry orders is permissible only in cases of \'no evidence\'.IMPORTANTReinstatement - The High Court should not interfere with dismissal orders by re-evaluating evidence and forming a different opinion than that of the disciplinary authority,...

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KANDLA PORT WORKERS UNION vs. FCI

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1214 SC

Industrial Disputes Act, 1947

Headnote :

In 1964, under Section 12A of the Foods Corporation of India, the Central Government transferred 15 employees from KPT to FCI. The Kandla Port Workers Union raised concerns about the transfer, questioning why only these 15 regular employees were granted transfers while the remaining 306 work charge...

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DHARMENDRA PRASAD vs. SUNIL KUMAR

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1215 SC

Headnote :

IMPORTANTService laws - U.P. Jal Nigam - The Recruitment and Condition of Service Rules established by the Government under the proviso to Article 309 of the Constitution do not apply to Nigam employees.A. According to the Uttar Pradesh Jal Nigam Subordinate Engineering Service Regulations, 1978, sp...

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DRAVIDA MUNNETRA KAZHAGAM (DMK) vs. SECRETARY GOVERNORS SECRETARIAT AND ORS

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1216 SC

Kancheepuram
Tamil Nadu Panchayats Act, 1994

Headnote :

Interlocutory application - Constitutional requirement regarding elections to local bodies - The sole issue raised in the main appeals was that local body elections should be conducted based on the 2011 Census rather than the 2001 Census. Given that the respondents have already utilized the 2011 Cen...

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M/S N.V. INTERNATIONAL vs. STATE OF ASSAM

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1217 SC

Arbitration and Conciliation Act, 1996

Headnote :

The Arbitration and Conciliation Act of 1996, specifically Section 34 and Section 37, along with the Limitation Act of 1963, Article 116 and Section 5, addresses the challenge to an award. An appeal against the award must be submitted within 90 days; however, the court may grant an additional grace...

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STATE OF UTTARAKHAND vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1218 SC

Code of Civil Procedure, 1908 (CPC)
U.P. Reorganisation Act, 2000

Headnote :

The Constitution of India, 1950, Article 131, regarding ex parte orders - The suit initiated by the plaintiff, claiming that the allocation of a 25% shareholding to the State of Uttar Pradesh in the Tehri Hydro Development Corporation was invalid due to the enactment of the U.P. Reorganisation Act,...

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HAV (OFC) RWMWI BORGOYARY vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1219 SC

Constitution of India

Headnote :

Appointment - Eligibility - The appellants, who are enrolled in Army Air Defence as Soldier Technical, hold a diploma in Radar Technology Surveillance, Electronic Warfare, and Equipment Management. There were seven vacancies for Record Officers and eight for Technical Equipment Officers (TEO) in AAD...

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PRIYA PRABHAKARAN vs. SANTOSH KUMAR

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1220 SC

Headnote :

IMPORTANTMatrimonial dispute - The husband is required to pay the current value of fifty-one sovereigns of gold (equivalent to 480 grams) that belong to the wife.Matrimonial dispute - The husband must either return the fifty-one sovereigns of gold that belong to the wife or, alternatively, pay a sum...

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MANAGING DIRECTOR, UTTAR PRADESH SAHKARI GRAM VIKAS BANK LIMITED vs. CHANDRA BHAN SINGH

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1221 SC

Headnote :

Reduction of the severity of punishment - Right to wages - The respondent faced a penalty of five increments being stopped along with a censure entry. Upon appeal, this was modified to the withholding of only one increment. The punishment imposed on the first respondent has not been erased; only the...

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GHARSHALA BUNIYADI SHIKSHAN VIBHAG (HOME SCHOOL) vs. MADHUBEN MASUKHLAL GOHEL

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1222 SC

Headnote :

The Constitution of India, 1950, Article 136 states that a compromise has been reached between the parties involved. The compromise has been documented, and the appeal has been resolved in accordance with the terms of the compromise.[Para 4]

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M/S PLR PROJECTS PVT. LTD. vs. MAHANADI COALFIELDS LIMITED

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1223 SC

Headnote :

IMPORTANTAppointment of Judges - When the High Court collegium\'s recommendations receive approval from both the Supreme Court collegium and the Government, their appointments should occur within a maximum of six months.A. Absence of Lawyers from Court - Directives - Lawyers from certain districts a...

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NEW INDIA ASSURANCE CO. LTD. vs. KRISHNA KUMAR PANDEY

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1224 SC

CrPC Section 482. Saving of inherent power of High Court
Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
Probation of Offenders Act, 1958

Headnote :

IMPORTANTSection 362 of the Cr.P.C., 1973 does not prevent the High Court from exercising its inherent power to recall an order.A. Under the Criminal Procedure Code, 1973, Sections 397 and 482, and the Indian Penal Code, 1860, Section 498A, a conviction should not adversely affect the service career...

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M.C. MEHTA vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1225 SC

Headnote :

The Constitution of India, 1950, Article 32, addresses the Taj Trapezium and the provision of public facilities. It emphasizes the importance of amenities such as water supply, sewage treatment plants, drainage systems, solid waste disposal, Common Effluent Treatment Plants, biomedical waste treatme...

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M/S ESPIRE INFOLABS PVT LTD vs. SADHANA FOUNDATION

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1226 SC

Headnote :

The Constitution of India, 1950, Article 136 addresses eviction suits concerning rent payments. Two petitions were submitted by the landlord seeking rent for the periods from January 1, 2013, to October 30, 2015, and from November 1, 2015, to January 31, 2017, respectively. In the first suit, the la...

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