Caselaw | Supreme Court Judgements of december 2019

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MALARVIZHI vs. UNITED INDIA INSURANCE CO. LTD.

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1227 SC

Motor Vehicles Act, 1988

Headnote :

CRUCIALMotor Accident Compensation - Income tax return serves as a statutory document - It can be relied upon to ascertain the annual income of the deceased.A. Under Section 166 of the Motor Vehicles Act, 1988 - Income Determination - The income tax return is a statutory document that can be used to...

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TANVI BEHL vs. SHREY GOEL

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1228 SC

Constitution of India
Indian Medical Council Act, 1956

State of Punjab Vs. Ajaib Singh & Ors [2004] Insc 261 (13 April 2004)
Saurabh Chaudri & Ors Vs. Union of India & Ors [2003] INSC 471 (25 September 2003)
Saurabh Chaudri & Ors Vs. Union of India & Ors [2003] INSC 551 (4 November 2003)
State of Punjab Vs. Ajaib Singh [1995] INSC 80 (20 January 1995)

Headnote :

IMPORTANTAdmission to Post Medical Courses - Reservation based on domicile/residence as outlined in the UT Chandigarh Pool - Matter referred to a larger bench.According to Article 14 of the Constitution of India, 1950, regarding State Quota - Admission to Post Medical Courses - The validity of domic...

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CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD. vs. CONSUMER EDUCATION RESEARCH SOCIETY

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1229 SC

Headnote :

The Consumer Protection Act of 1986, specifically Sections 2(d) and 2(o), addresses the relationship between consumers and service providers. In this case, the claimants were employees of ONGC who participated in the Self Contributory, Post Retirement, and Death in Service Benefits Scheme introduced...

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M/S BOMBAY DYEING & MFG CO. LTD. vs. COMMISSIONER OF CENTRAL EXCISE

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1230 SC

Central Excise Act, 1944
Constitution of India

Headnote :

Central Excise Rules 1944, Rule 9 in conjunction with Rule 49 - Central Excise Act, 1944 Section 11A Recovery - Requirement for Show Cause Notice - The assessee contended that the fabric it produced was not subject to excise duty as it was for captive consumption and not intended for sale. The Court...

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UNION OF INDIA vs. DAFADAR KARTAR SINGH

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1231 SC

Army Act, 1950
Indian Penal Code, 1860 (IPC)

Headnote :

The Army Act of 1950, along with Section 69 of the Indian Penal Code of 1860, pertains to the case of housebreaking. In this appeal against an acquittal, the respondent was accused of breaking a window and unlawfully entering a house at night. He was initially found guilty and sentenced to seven mon...

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ANJALAI vs. THIRUMURUGAN

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1232 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, Section 100, and the Specific Relief Act of 1963, Sections 6 and 34, pertain to a suit for possession and declaration. It is important to note that not every legal question qualifies as a substantial question of law, and not every error made by lower courts can be c...

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RAJENDRA DIWAN vs. PRADEEP KUMAR RANIBALA

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1233 SC

Constitution of India

K.K. Poonacha Vs. State of Karnataka & Ors [2010] INSC 706 (7 September 2010)

Headnote :

IMPORTANTPresidential approval cannot legitimize a statutory provision that the legislature lacked the authority to enact - The state legislature does not have the authority to create a law that allows for direct appeals to the Supreme Court.A. Constitution of India, 1950 Articles 246 and 262 Chhatt...

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STATE OF UTTAR PRADESH vs. SUDARSHANA CHATTERJEE

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1234 SC

Headnote :

IMPORTANTSummoning of Officer who issued the contested order - The order made by the officer does not necessitate the officer\'s personal appearance in Court, nor does it require the summoning of officers to Court.Transition to another job - Voluntary retirement and pension benefits - Summoning of t...

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STATE OF MADHYA PRADESH vs. AMAR LAL

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1235 SC

Headnote :

The Indian Penal Code, 1860, Section 302 Acquittal - The respondent, while under trial, spent 2 years, 8 months, and 11 days in custody. Following his conviction by the Sessions Judge, he remained in custody for an additional 11 years, 9 months, and 26 days. In total, the respondent has served 14 ye...

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SAEEDA KHATOON ARSHI vs. STATE OF UTTAR PRADESH

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1236 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 306. Abetment of suicide

Headnote :

IMPORTANTThe absence of a protest application from the complainant at the time the report was submitted under Section 173 of the Cr.P.C., 1973 does not limit the court\'s authority to summon additional accused individuals.A. Criminal Procedure Code, 1973 Section 319 - Summoning additional accused -...

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GOOGLE INDIA PRIVATE LTD vs. M/S. VISAKHA INDUSTRIES

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1237 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Information Technology (Intermediaries Guidelines) Rules, 2011
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 292. Sale, etc., or obscene books, etc
IPC Section 294. Obscene acts and songs
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 499. Defamation
IPC Section 500. Punishment for defamation
IPC Section 501. Printing or engraving matter known to be defamatory
Negotiable Instruments Act, 1881
Press and Registration of Books Act, 1867

Headnote :

IMPORTANTA notice issued to an intermediary for the removal of an objectionable post is insufficient; the applicant seeking removal must possess a court order.IMPORTANTIf the complaint alleges collusion between the accused who made a defamatory post and the intermediary, the case cannot proceed unde...

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RAM MURTI YADAV vs. STATE OF UTTAR PRADESH

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1238 SC

Indian Penal Code, 1860 (IPC)

Registrar General, Patna High Court Vs. Pandey Gajendra Prasad & Ors [May 11, 2012]
P.C. Joshi Vs. State of U.P. & Ors [2001] INSC 377 (8 August 2001)

Headnote :

IMPORTANTCompulsory retirement of a Judicial Officer - The criteria for evaluating the conduct of a Judicial Officer must be stringent - The decision for the compulsory retirement of the Judicial Officer has been affirmed.U.P. Fundamental Rules, Rule 56(C) - Acquittal granted to the accused - Compul...

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ABCD vs. UNION OF INDIA

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1239 SC

Indian Penal Code, 1860 (IPC)
IPC Section 181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 509. Word, gesture or act intended to insult the modesty of a woman

Headnote :

A. Under Article 32 of the Constitution of India, 1950, regarding the allegation of rape, the petitioner requested a transfer of the investigation. The petitioner claimed that the respondent, an IPS officer, raped her in a hotel room. Due to the respondent\'s position, the petitioner sought to have...

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KUNJAN SADANA vs. MAHESH KUMAR

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1240 SC

Headnote :

IMPORTANTMotor Vehicle - Fatal Accident - Multiplier - The age of the deceased, even if a bachelor, should be used to determine the multiplier rather than the age of the mother.A. Under the Motor Vehicles Act, 1988 Section 166, regarding compensation for death in an accident - the deceased was 19 ye...

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TRIJUGI NARAIN (D) vs. SANKOO (D)

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1241 SC

Constitution of India
Hindu Succession Act, 1956
Indian Independence Act, 1947
Indian Succession Act, 1925
Muslim Personal Law (Shariat) Application Act, 1937

Pratap Singh Vs. Sarojini Devi [1993] INSC 319 (17 August 1993)
Bhaiya Ramanuj Pratap Deo Vs. Lalu Maheshanuj Pratap Deo & Ors [1981] INSC 149 (26 August 1981)

Headnote :

IMPORTANTDistinction Between Joint Family Property and Coparcenary Property.A. Under Section 30 of the Hindu Succession Act, 1956, regarding testamentary succession - Following the implementation of the Succession Act on June 17, 1956, any property inherited by an heir through intestate succession a...

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SRI CHANAPPA NAGAPPA MUCHALAGODA vs. DIVISIONAL MANAGER NEW INDIA INSURANCE COMPANY LIMITED

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1242 SC

Headnote :

A. Under Section 4 of the Workmen\'s Compensation Act, 1923, regarding compensation for 100% functional disability, it was determined that the workman is permanently incapacitated due to an accident, as he can only walk with the aid of a walking stick. He has lost his ability to work as a driver, as...

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BGS SGS SOMA JV vs. NHPC LTD.

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1243 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Commercial Courts Act, 2015

Sumitomo Heavy Industries Ltd. Vs. Ongc Ltd. & Ors [1997] INSC 897 (4 December 1997)
Om Prakash Vs. State of Punjab [1992] INSC 197 (19 August 1992)

Headnote :

IMPORTANTArbitration and Conciliation - Appeal - Appeals are permissible only from the orders specified in sub-clauses (a), (b), and (c) of Section 37(1) and not from any other orders.A. Under the Arbitration and Conciliation Act, 1996, Sections 34 and 37, and the Commercial Courts Act, 2015, Sectio...

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RAJA vs. STATE BY THE INSPECTOR OF POLICE

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1244 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 449. House-trespass in order to commit offence punishable with death

Headnote :

A. Under the Indian Penal Code of 1860, sections 109, 120B, 394, 395, 396, and 449 pertain to dacoity resulting in murder. The accused were found guilty of committing dacoity and murdering one of the victims. They were identified by injured eyewitnesses during the Test Identification Parade (TIP) an...

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ANOKHILAL vs. STATE OF MADHYA PRADESH

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1245 SC

Criminal Law (Amendment) Act, 2018

Headnote :

The Indian Penal Code of 1860, specifically Sections 376 and 302, pertains to rape and murder. The trial was completed in 13 days, resulting in the Trial Court imposing a death sentence. The question at hand is whether the Trial Court made any mistakes or errors in its approach to this case. The Cou...

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RAMJI SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1246 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 449. House-trespass in order to commit offence punishable with death

Headnote :

A. Under the Indian Penal Code of 1860, specifically Sections 147, 148, and 302 in conjunction with Section 149, and Section 449 of the Criminal Procedure Code of 1973, Section 154, regarding murder - The witness statements related to the FIR indicate that there was no examination concerning the com...

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CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY vs. D. RAJAN DEV

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1248 SC

Usman Gani J. Khatri of Bombay Vs. Cantonment Board & Ors [1992] INSC 142 (1 May 1992)

Headnote :

Premium FSI charges are calculated based on the rate in effect at the time the builder submits the application. The builder does not acquire any rights simply by filing the application; rights are only granted once the Government or relevant authorities approve the application, as stated in Regulati...

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ANDHRA PRADESH PUBLIC SERVICE COMMISSION vs. KOTA LINGESWARA RAO

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1249 SC

Headnote :

IMPORTANTIf a selected candidate does not join, the Andhra Pradesh Public Service Commission cannot appoint the next candidate. Instead, they must advertise the vacant position in the next recruitment cycle.According to the Andhra Pradesh Public Service Commission Rules of Procedure, specifically Ru...

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JASMEET KAUR vs. STATE (NCT OF DELHI)

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1250 SC

Family Courts Act, 1984
Guardians and Wards Act, 1890
Hindu Minority and Guardianship Act, 1956

Headnote :

The Guardians and Wards Act of 1890, specifically Sections 7, 9, 11, and 25, along with Section 6(a) of the Hindu Minority and Guardianship Act of 1956, addresses the custody of children. The parties involved had left their home in India and established their marital residence in the United States....

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M. SIDDIQ vs. MAHANT SURESH DAS

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1251 SC

Headnote :

CRUCIALAll petitions challenging the Ayodhya Judgment have been dismissed.According to Article 137 of the Constitution of India, 1950, the review of the Ayodhya judgment has been found to lack sufficient grounds, leading the Court to reject the review applications.[Para 2]

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GYARSA vs. BOARD OF REVENUE

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1252 SC

Headnote :

According to Sections 88 and 183 of the Rajasthan Tenancy Act, 1955, a suit for declaration, permanent injunction, and eviction of a trespasser based on entries in mutation was examined. It was determined that mere entries in the revenue records, whether in the name of one party or another, do not c...

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G.S. MANI vs. UNION OF INDIA

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1253 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
CrPC Section 176. Inquiry by Magistrate into cause of death
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTRape and Murder - Court has established an Inquiry Commission to investigate the Hyderabad encounter case.According to Article 32 of the Constitution of India, 1950, regarding the Hyderabad encounter case - an Inquiry Commission has been formed. The individuals arrested in connection with t...

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SURAJ JAGANNATH JADHAV vs. STATE OF MAHARASHTRA

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1254 SC

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

Headnote :

IMPORTANTMurder - Intoxication is not a mitigating factor when the accused was not in a state of extreme inebriation.Indian Penal Code, 1860 Section 302 - In the case of the murder of his wife, the accused doused the victim with kerosene while she was attempting to escape the house and was trying to...

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SAURASHTRA CHEMICALS LTD. vs. NATIONAL INSURANCE CO. LTD.

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1255 SC

Headnote :

IMPORTANTDelayed Insurer Claim - By appointing a surveyor, the insurer is prevented from arguing that there was a breach of the condition regarding the time limit for notifying the claim.A. Consumer Protection Act, 1986 Section 23 Claim for damages - Denial of claim - The claimant\'s claim was denie...

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NINGAPPA THOTAPPA ANGADI vs. SPECIAL LAND ACQUISITION OFFICER

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1256 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Land Acquisition Act of 1894, specifically Section 17(4) and 4(1), addresses the acquisition of land and the reduction of compensation. Due to a delay in filing an appeal for equal treatment with other landowners who have been expropriated, the claimant seeks the restoration of compensation. In...

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S. KRISHNA SRADHA vs. STATE OF ANDHRA PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1257 SC

Constitution of India
Contempt of Courts Act, 1971

Headnote :

IMPORTANTEducation - A meritorious candidate, who has acted promptly to assert their legal rights without any delay, should not be denied admission simply because the cut-off date has elapsed.A. Constitution of India, 1950 Articles 14, 19 and 21 - Regarding reservations in the sports and games categ...

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DIRECTOR GENERAL OF POLICE vs. M JEYANTHI

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1258 SC

Headnote :

According to Rule 35-A of the Tamil Nadu Police Subordinate Services and Section 50 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a resignation can be retracted before it is accepted. The appointing authority is permitted to accept a resignation effective from a date prior...

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PRABODH CH. DAS . vs. MAHAMAYA DAS

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1259 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

CRUCIALA second appeal cannot be dismissed on its merits due to the absence of the appellant\'s counsel.According to Section 100 of the Civil Procedure Code, 1908, and Order 41, Rule 17 (1) - In the case of a second appeal, if the appellant is not present on the scheduled hearing date, the court is...

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PRANAV VERMA vs. REGISTRAR GENERAL OF THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1260 SC

Headnote :

IMPORTANTGrace marks have been awarded to candidates of the Haryana Civil Service (Judicial Branch) Examination 2017.A. Under Articles 14 and 32 of the Constitution of India, 1950, the selection process and evaluation method for the Main (Written) Examination of Civil Judge (Junior Division) were sc...

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DAFFODILLS PHARMACEUTICALS LTD vs. STATE OF UTTAR PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1261 SC

Raghunath Thakur Vs. State of Bihar & Ors [1988] INSC 346 (8 November 1988)

Headnote :

IMPORTANTAll relevant departments are hereby instructed to refrain from making purchases from the company. No individual should face adverse actions without being given a fair chance to be heard and prior notice of such actions. This directive is hereby annulled.Tender - Supply of medicine - Crimina...

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SANJAI KUMAR vs. DR. PRABHAT KUMAR

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1262 SC

Constitution of India
Right of Children to Free and Compulsory Education Act, 2009

Headnote :

The Contempt of Courts Act, 1971, Section 2(b), and the National Council for Teacher Education Act, 1993, Sections 12 and 12A, pertain to appointments. Contempt petitions were filed asserting that, according to the interim orders issued by the Court, which were incorporated into the judgment and fin...

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RAJNISH KUMAR MISHRA vs. STATE OF UTTAR PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1263 SC

Headnote :

The Uttar Pradesh Regularization of Adhoc Appointment (On Post within the purview of the Public Service Commission) Rules, 1979, as amended in 2001, specifically Rule 6, addresses the regularization of ad-hoc appointments. It allows for a one-time regularization of employees who have served for 10 y...

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SIRAJ AHMAD vs. STATE OF UTTAR PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1264 SC

Constitution of India

Narender Chadha & Ors Vs. Union of India & Ors [1986] INSC 14 (11 February 1986)
Baleshwar Dass & Ors Vs. State of U.P. & Ors [1980] INSC 155 (19 August 1980)

Headnote :

IMPORTANTDistinction Between Irregular and Illegal Appointments.According to Rule 24(3) of the U.P. Development Authorities Centralised Services Rules, 1985 - Promotion - Entitlement - The appellant applied in response to an advertisement issued by the State and took part in the selection process. T...

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SHYAM MADAM MOHAN RUIA vs. MESSER HOLDINGS LIMITED

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1265 SC

Code of Civil Procedure (Maharashtra Amendment) Act, 1977
Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, specifically Section 9A (added by the Maharashtra Amendment Act of 1977) and Order 14, pertains to lawsuits aimed at nullifying agreements for the transfer of shares. The matter of limitation is addressed, noting that Section 9A has been repealed. Therefore, the lim...

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SHAILENDRA RAJDEV PASVAN vs. STATE OF GUJARAT

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1266 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Chandrappa & Ors Vs. State of Karnataka [2007] Insc 142 (15 February 2007)

Headnote :

A. Under the Indian Penal Code, 1860, Sections 302, 363, 364, 364A, and 365, concerning murder and kidnapping, an appeal against conviction was made. The accused was alleged to have kidnapped and murdered a 9-year-old boy. However, there were significant discrepancies in the testimonies of the last...

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Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1267 SC

Headnote :

The Guardians and Wards Act of 1890, specifically Sections 7, 9, 11, and 25, along with Section 6(a) of the Hindu Minority and Guardianship Act of 1956, addresses the custody of a child. In this case, the father sought custody on the basis that the mother was suffering from Paranoid Schizophrenia, w...

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VIRENDER vs. STATE OF HARYANA

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1268 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, regarding murder, the post-mortem report indicated that the death resulted from incised wounds that could have been inflicted by an axe or sickle wielded by the other two accused. During the examination-in-chief, eyewitnesses testified that the ac...

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MUKUL KUMAR TYAGI vs. STATE OF UTTAR PRADESH

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1269 SC

ccc
Constitution of India
Uttar Pradesh Electricity Reforms Act, 1999

Headnote :

A. The Uttar Pradesh Electricity Board of Operational Employees Category Service Regulations, 1995 - Recruitment - Qualifications - The advertisement for the Technical Technician Grade-II position specified that the required Computer Course qualification was the CCC certificate issued by NIELIT/DOEA...

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MAHARAJA AGRASEN HOSPITAL vs. MASTER RISHABH SHARMA

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1270 SC

Income Tax Act, 1961
Indian Medical Council Act, 1956

Headnote :

CRUCIALMedical negligence - The failure to provide medical records for a premature infant for over two years represents serious professional misconduct and a significant deficiency in service by the Hospital and its management.A. Under the Consumer Protection Act, 1986, Section 2(1)(g) regarding Med...

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ASHI KUMAR vs. ASEEM AGARWAL

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1271 SC

Constitution of India

Headnote :

IMPORTANTCompliance with Court\'s undertaking is mandatory - The writ petition cannot be entertained in light of such an undertaking.According to Article 136 of the Constitution of India, 1950, directions were issued to the respondent to produce specified documents. The respondent, through their cou...

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PUNEET DALMIA vs. CENTRAL BUREAU OF INVESTIGATION

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1272 SC

CrPC Section 205. Magistrate may dispense with personal attendance of accused
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

Section 205 of the Criminal Procedure Code and Section 120B of the Indian Penal Code, 1860, in conjunction with Sections 420 and 409, as well as Sections 9, 12, and 13(2) of the Prevention of Corruption Act, 1988, including 13(1)(c) and (s) 12, allow for the waiver of personal appearance. The appell...

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UNIVERSITY OF DELHI vs. UNION OF INDIA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1273 SC

Code of Civil Procedure, 1908 (CPC)
Delhi University Act, 1922
Delhi University Act, 1922
Rights of Persons with Disabilities Act, 2016

Headnote :

A. Delay in filing intra-court appeal - Condonation of Delay - The application for condonation of a 916-day delay in filing the appeal was dismissed by the Division Bench. The reasons provided for the delay are twofold: the non-availability of the Vice-Chancellor due to retirement and the time taken...

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MANJU vs. STATE OF DELHI

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1274 SC

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

Headnote :

The Indian Penal Code of 1860, Section 302, and the Criminal Procedure Code of 1973, Section 313, address the case of a mother accused of murdering her newborn baby. The evidence indicates that after the baby girl was born, she was placed in an incubator with an oxygen mask, did not open her eyes, a...

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DR. (MAJOR) MEETA SAHAI vs. STATE OF BIHAR

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1275 SC

Constitution of India

Dhananjay Malik & Ors Vs. State of Uttaranchal & Ors [2008] INSC 372 (5 March 2008)
Indira Sawhney Vs. Union of India & Ors [1999] INSC 418 (13 December 1999)

Headnote :

IMPORTANTIn cases where there is a misinterpretation of statutory rules leading to discriminatory outcomes, candidates have the right to contest the selection process.A. According to Rule 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules 2013, candidates participating in...

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MUNISH KAKKAR vs. NIDHI KAKKAR

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1276 SC

Constitution of India
Hindu Marriage Act, 1955

Headnote :

IMPORTANTIrretrievable breakdown of marriage - A marriage that has become untenable can be dissolved by invoking the jurisdiction under Article 142 of the Constitution of India.A. Constitution of India, 1950 Article 142 Hindu Marriage Act, 1955 Section 13(1)(ia) Irretrievable breakdown of marriage -...

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BRIGADIER L. I. SINGH YSM vs. UNION OF INDIA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1277 SC

Army Rules, 1954

Headnote :

Army Rules, 1954, Rules 22 and 180 - Disciplinary proceedings - The appellant was found guilty of several acts and omissions during his tenure as Commander of the 164 Mountain Brigade. The one-man inquiry report was not provided to the accused. The foundation for initiating the Court of Inquiry is t...

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