Caselaw | Supreme Court Judgements of december 2019

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JATINDER KUMAR vs. STATE OF HARYANA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1278 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)

Rajinder Singh Vs. State of Punjab [February 26, 2015]
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)

Headnote :

The Indian Penal Code, 1860, Section 498A and 304B regarding dowry death - The appellant was charged with subjecting the deceased to cruelty related to dowry demands. The Trial Court and the High Court accepted the testimonies of prosecution witnesses regarding the torture and dowry demands made by...

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HARINDER SINGH @ HIRA vs. STATE OF PUNJAB

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1279 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 and 201, along with Sections 25 and 27 of the Evidence Act of 1872, pertain to the murder of a cousin brother. In this case, an extrajudicial confession was made, and the recovery of the deceased\'s body was conducted. The complainant, who is...

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KOOLI SASEENDRAN vs. STATE OF KERALA HOME DEPARTMENT

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1280 SC

Explosive Substances Act, 1908
Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 143, 147, 148, and 302 in conjunction with Section 149, along with the Explosive Substances Act of 1908, Sections 3 and 5, pertains to the murder of an RSS worker. This case involves an unlawful assembly of CPM workers who were armed with lethal w...

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CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1281 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996

Headnote :

IMPORTANTThe appointment of an Arbitrator must adhere to the General Conditions of Contract.A. Under Sections 11(6) and 12(5) of the Arbitration and Conciliation Act, 1996, the appointment of an Arbitrator is discussed. The appellant awarded a contract to the respondent company, which failed to comp...

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SAKETA VAKSANA LLP vs. KAUKUTLA SARALA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1282 SC

Headnote :

The Civil Procedure Code of 1908, specifically Order 39 Rules 1 and 2, pertains to an agreement to sell made between a developer and landowners. The document in question was not registered, yet physical possession was transferred to the developer. The developer requested that the landowners be order...

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CHANDIGARH HOUSING BOARD vs. M/S. PARASVANATH DEVELOPERS PVT. LTD.

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1283 SC

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the directive to pay compensation in an appeal case. The National Commission ordered both the Developer and the CHB to compensate the complainant, a flat purchaser, with a principal sum and additional compensation in a 70:30 ratio due to del...

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M/S GENENTECH INC. vs. DRUGS CONTROLLER GENERAL OF INDIA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1284 SC

Drugs and Cosmetics Act, 1940

Headnote :

Civil Procedure Code, Order 39, Rules 1 and 2 - Drugs and Cosmetics Act, 1940, Section 37 - Biosimilar drugs - Protection - The respondent\'s drug \'TrastuRel\' is claimed to be a biosimilar version of the appellant\'s \'Trastuzumab\'. The appellant\'s lawsuit in the High Court is neither a trademar...

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M/S LANCO HILLS TECHNOLOGY PARK PVT LTD. vs. MANISHA BALKRISHNA KULKARNI

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1285 SC

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the execution of a sale deed in cases of delayed possession of a flat. The order mandates compensation at a rate of Rs. 5 per square foot, along with an 18% per annum compensation for a six-month delay based on the agreed contractual terms....

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P. SINGARAVELAN vs. DISTRICT COLLECTOR, TIRUPPUR

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1286 SC

Constitution of India

K.K. Bhalla Vs. State of M.P. & Ors [2006] Insc 19 (13 january 2006)

Headnote :

IMPORTANTThe refusal to grant Special Leave Petition (SLP) through a non-speaking order does not equate to a declaration of law under Article 141 of the Constitution, nor does it invoke the doctrine of merger.A. According to the Tamil Nadu Revised Scales of Pay Rules, 1998, Schedule II, Serial No. 6...

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JHARKHAND PUBLIC SERVICE COMMISSION vs. MANOJ KUMAR GUPTA

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1287 SC

Headnote :

The Jharkhand Eligibility Test determines candidates\' eligibility for lecturer positions in universities and colleges. According to Clause 4.1 of the scheme, a moderation committee was established solely to determine the cut-off marks for each subject when declaring results. The advertisement speci...

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M/S SHANTI CONDUCTORS (P) LTD vs. ASSAM STATE ELECTRICITY BOARD

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1288 SC

Interest Act, 1978
Limitation Act, 1963
Sale of Goods Act, 1930

Headnote :

A. Under Article 137 of the Constitution of India, 1950, and Order 7, Rule 6 of the Civil Procedure Code, 1908, along with Section 19 of the Limitation Act, 1963, a suit can be dismissed on the basis of limitation. The judgment determined that the limitation period for the petitioner\'s suit was gov...

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RANA PRATAP SINGH vs. VITTIYA EVAM LEKHA ADHIKARI DIST. BASIC EDUCATION OFFICER

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1289 SC

Headnote :

A. Under the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985, specifically Rule 22, the appointment of the appellant as a Junior Accounts Clerk is valid. The position became vacant due to the promotion of the individual previously holding the role. The appointing authority cal...

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STATE OF UP vs. RAVINDRA @ BABLOO

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1290 SC

Indian Penal Code, 1860 (IPC)

Headnote :

A. Indian Penal Code, 1860 Sections 302, 307, 149, 147, 148, and 452 - Acquittal - Appeal - Five individuals armed with weapons entered the residence of the deceased. When the deceased attempted to flee for safety, he was pursued and attacked. One of the assailants shot at the deceased, causing him...

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M/S CEE CEE AND CEE CEES vs. K. DEVAMANI

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1291 SC

Headnote :

The Puducherry Excise Act of 1970, specifically Section 2(22), along with the Puducherry Excise Rules of 1970, including Rules 22A (a), 163, and 209, addresses the relocation of liquor shops. The term \"place\" as defined in the Act encompasses various types of locations such as houses, buildings, s...

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MAYANK N SHAH vs. STATE OF GUJARAT

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1292 SC

Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Central Bureau of Investigation, Hyderabad Vs. K. Narayana Rao [September 21, 2012]

Headnote :

A. Under the Indian Penal Code, 1860, Sections 161 and 165, the fabrication of false invoices in the name of a firm led to the fraudulent and dishonest inducement of a bank to disburse Rs. 30,93,300/-. When the advocate who filed the appeal was promoted to the Bench, it became the responsibility of...

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KHAJA BILAL AHMED vs. STATE OF TELANGANA

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1293 SC

Criminal Law Amendment Act, 1932
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 506. Punishment for criminal intimidation

Headnote :

The Telangana Act for the Prevention of Dangerous Activities related to Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commo...

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M/S DYNA TECHNOLOGIES PVT.LTD. vs. M/S CROMPTON GREAVES LTD.

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1294 SC

Arbitration and Conciliation Act, 1996
Indian Contract Act, 1872

Headnote :

CRUCIALArbitration Courts must exercise caution when differentiating between insufficient reasoning in an award and awards that are unintelligible.Generally, awards that are unintelligible should be annulled, unless the parties choose to forgo a reasoned award.A. According to Section 34 of the Arbit...

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DAV PUBLIC SCHOOL vs. SENIOR MANAGER INDIAN BANK MIDNAPUR BRANCH

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1295 SC

Headnote :

CRUCIALOnline Banking Fraud - Misappropriation of Rs. 30,00,000/- from the school\'s bank accounts lacking net banking access - Order for Bank to compensate the School with Rs. 25,00,000/-.According to the Consumer Protection Act, 1986 Section 2(1)(g), an Online Banking Fraud occurred when the schoo...

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STANDARD CHARTERED BANK vs. HEAVY ENGINEERING CORPORATION LTD.

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1296 SC

Headnote :

A bank guarantee is an independent agreement between the bank and the beneficiary. The bank is always required to fulfill its guarantee as long as it is unconditional and irrevocable. Any disputes between the beneficiary and the party that requested the bank guarantee are irrelevant and do not affec...

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KANWAR PAL SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1297 SC

Chartered Accountants Act, 1949
Chartered Accountants Act, 1949
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 482. Saving of inherent power of High Court
Gold (Control) Act, 1968
Indian Penal Code, 1860 (IPC)
IPC Section 177. Furnishing false information
IPC Section 378. Theft
IPC Section 379. Punishment for theft
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467
Mines and Minerals (Development and Regulation) Act, 1957
Prevention of Damage to Public Property Act, 1984
Transplantation of Human Organs and Tissues Act, 1994

Headnote :

A. Under the Indian Penal Code of 1860, Section 379, and the Mines and Minerals (Development and Regulation) Act of 1957, Sections 4 and 21, illegal sand excavation is addressed. The punishment for offenses under Section 4 in conjunction with Section 21 of the Mines Regulation Act is distinct from t...

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AKSHAY KUMAR SINGH vs. STATE (NCT OF DELHI)

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1298 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
IPC Section 120B. Punishment of criminal conspiracy
Supreme Court Rules, 2013

Headnote :

IMPORTANTReview petition regarding the Death Penalty - A review petition is not intended for re-evaluating the appeal based on repeated assessments of evidence.A. Constitution of India, 1950 Article 137; Indian Penal Code, 1860 Section 120B; Sections 120B IPC, 302, 307, 365, 366, 376 (2)(g), 377, 39...

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IN RE ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1299 SC

CrPC Section 154. Information in cognizable cases
CrPC Section 164. Recording of confessions and statements
CrPC Section 53A. Examination of person accused of rape by medical practitioner
Indian Penal Code, 1860 (IPC)
IPC Section 166A. (Punishment for non recording of information)
IPC Section 166B. Punishment for non treatment of victim
IPC Section 375. Rape

Headnote :

IMPORTANTRegarding the agitation, anxiety, and unrest among the public due to delays in rape case proceedings, the Court has requested status reports from various responsible parties.Under the Indian Penal Code, 1860, specifically Sections 376, 166A, 357C, and 166B concerning rape cases, the Court h...

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UTTARAKHAND TRANSPORT CORPORATION vs. HEERA SINGH PARIHAR

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1300 SC

Headnote :

IMPORTANTDisciplinary proceedings are not of a quasi-criminal nature.Misconduct Incident - Disciplinary proceedings - An employee assaulted and mistreated a fellow driver - The High Court annulled the disciplinary proceedings, noting that they were treated as quasi-criminal in nature - The High Cour...

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RAVINDRA PARSHI PARADKE vs. KALUSING

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1301 SC

Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Headnote :

The Maharashtra Zilla Parishads and Panchayat Samitis Act of 1961, Section 12(2)(c) addresses the issue of elections and reservations. The petition concerns the reservation proposed by the State Election Commission for upcoming elections, based on previous arrangements, with approximately 50% of the...

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ANOKHILAL vs. STATE OF MADHYA PRADESH

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1302 SC

Banking Regulation Act, 1949
Criminal Procedure Code, 1973
CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
CrPC Section 433. Power to commute sentence
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 341. Punishment for wrongful restraint.
IPC Section 363. Punishment for kidnapping
IPC Section 377. Unnatural offences [Declared Unconstitutional by Supreme Court]
IPC Section 71. Limit of punishment of offence made up of several offences
Legal Services Authorities Act, 1987
Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.

Headnote :

CRUCIALThe swift resolution of criminal trials is undoubtedly necessary; however, efforts to hasten the process must not compromise the fundamental principles of fairness and the rights of the accused.A. Indian Penal Code, 1860 Sections 302, 376 (2)(f), 363, 366, and 377; Constitution of India, 1950...

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M/S DALMIA POWER LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1303 SC

Companies (Compromises, Arrangements and Amalgamations) Rules, 2016
Companies Act, 2013
Competition Act, 2002
Corrigendum
Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, specifically Sections 139(5) and 170(1), addresses the amalgamation of the assessee company. It allows for the submission of a revised return even after the due date. It is the responsibility of the Department to evaluate the total income of the successor company for the...

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VINAY EKNATH LAD vs. CHIU MAO CHEN

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1304 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 109. TPA, Rights of lessor’s transferee.

Headnote :

IMPORTANTIn eviction proceedings, the landlord may be required to demonstrate their title; however, this does not need to be proven with the same rigor as in a suit for a declaration of title.A. Under Section 106 of the Transfer of Property Act, 1882, and Section 45(1) of the Indian Partnership Act,...

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STATE OF ODISHA vs. BICHITRANANDA DAS

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1305 SC

Headnote :

The Government Grants Act of 1895, Section 3, and the Orissa Public Premises (Eviction of Unauthorised Occupants) Act of 1972, Section 4(1) pertain to leases and the conversion to freehold status. In this case, a lease of land was granted to a lessee with the stipulation that no encroachments would...

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Union of India Vs. Parmar Construction Company

Judgement Date : 27 Mar 2019

Citation : 2019 Latest Caselaw 1307 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996

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