Caselaw | Supreme Court Judgements of november 2019

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MRINALINI PADHI vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 1055 SC

Constitution of India
Puri Shri Jagannath Temple (Administration) Act, 1952
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Shri Jagannath Temple Act, 1955

Headnote :

A. Sri Jagannath Temple Act, 1954, Section 21 - Temple Administration - Following a review of reports from the District Judge of Puri, the Amicus Curiae, recommendations from Srimad Jagadguru Shankaracharya, and the responses from the State of Orissa and the Temple Management Committee, the Court co...

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STATE OF MADHYA PRADESH vs. MAN SINGH

Citation : 2019 Latest Caselaw 1056 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 419. Punishment for cheating by personation
Probation of Offenders Act, 1958

Hari Singh Mann Vs. Harbhajan Singh Bajwa & Ors [2000] INSC 530 (1 November 2000)

Headnote :

IMPORTANTOnce a case has been decided on its merits, the Court lacks the authority to review or modify the judgment under section 362 or 482 of the Cr.P.C., 1973.According to Section 482 of the Criminal Procedure Code, 1973, the legality of exercising inherent power - Courts are not granted the powe...

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RANBIR SINGH vs. STATE OF UTTARAKHAND

Citation : 2019 Latest Caselaw 1057 SC

CrPC Section 437A. Bail to require accused to appear before next appellate Court
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

Headnote :

IMPORTANTThe failure of the prosecution to establish a case does not automatically imply that the investigator and relevant witnesses should face action under Section 218 of the IPC.Indian Penal Code, 1860 Section 218 - Prosecution of the investigating officer - Five individuals charged with offense...

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DR. SYED AFZAL (D) vs. RUBINA SYED FAIZUDDIN

Citation : 2019 Latest Caselaw 1058 SC

Headnote :

IMPORTANTInterim mandatory injunction - Cannot be issued without giving the other party a chance to respond.Specific Relief Act, 1963, Section 39 - Preliminary decree of Partition - Issuance of Mandatory injunction and police assistance without providing a hearing opportunity - It is clear that whil...

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M.C. MEHTA vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 1059 SC

Constitution of India

Headnote :

IMPORTANTStubble burning - The individual responsible for this act will face penalties, but the entire administrative structure, including the Chief Secretary, Commissioner, Collector, and all relevant officials and Panchayats, will also be held accountable.A. Pollution in Delhi and the NCR region -...

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ROHTAS vs. STATE OF HARYANA

Citation : 2019 Latest Caselaw 1060 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

CRUCIALConviction - The acquittal of co-accused does not warrant similar relief for accused individuals against whom compelling evidence has been presented regarding their involvement in the crime.A. Constitution of India, 1950 Article 136 Special Leave to Appeal - In considering an appeal for speci...

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TATA HOUSING DEVELOPMENT COMPANY LIMITED vs. AALOK JAGGA

Citation : 2019 Latest Caselaw 1061 SC

Constitution of India
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Punjab New Capital (Periphery) Control Act, 1952
Punjab New Capital (Periphery) Control Act, 1952
Wild Life (Protection) Act, 1972

Intellectuals Forum, Tirupathi Vs. State of A.P. & Ors [2006] Insc 86 (23 February 2006)
M.C. Mehta Vs. Kamal Nath & Ors [2000] INSC 334 (12 May 2000)
M.C. Mehta Vs. Kamal Nath & Ors [1996] INSC 1608 (13 December 1996)

Headnote :

CRUCIALNo housing developments are allowed to be established in close proximity to the wildlife sanctuary.According to the Environmental (Protection) Act of 1986, Sections 3(1) and 3(2)(v), the Environment (Protection) Rules of 1996, Rule 5(3)(d), the Constitution of India, Articles 48(A) and 51(A)(...

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BANSIDHAR SHARMA vs. STATE OF RAJASTHAN

Citation : 2019 Latest Caselaw 1062 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

IMPORTANTSection 144 CPC Does Not Apply When There Is No Change or Reversal of a Decree or Order.Civil Procedure Code, Section 144 - Context - A suit for possession, account rendering, and permanent injunction was dismissed by the Additional District and Session Judge. An appeal was made to the High...

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UNION OF INDIA vs. LT. COL. OM DUTT SHARMA

Citation : 2019 Latest Caselaw 1063 SC

Headnote :

The Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, Rule 2(c) - along with Army Instructions from 1953 and 1985 - pertains to the entitlement of one rank one pension. The respondents were appointed in the Department of Posts and subsequently assigned to the Armed Posta...

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DHEERAJ KUMAR DUBEY vs. STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 1064 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

NOTICEBench Hunting - Both the lawyer and the litigant have submitted an unconditional apology; however, their position does not qualify them for the acceptance of this apology.Contempt of Courts Act, 1971, Section 2(c) - Bench Hunting - Criminal contempt against the lawyer and the litigant - A lady...

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UNION OF INDIA vs. SEPOY PRAVAT KUMAR BEHURIA

Citation : 2019 Latest Caselaw 1065 SC

Army Act, 1950
Army Rules, 1954
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTEvidence - There is a significant gap on certain pages between the conclusion of the depositions and the location of the Respondent\'s signature - It was determined that the Respondent\'s signatures were obtained and added after the witness depositions were recorded.A. Army Rules, Rules 179...

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JAVED ABDUL RAZZAQ SHAIKH vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 1066 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
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

CRUCIALHomicidal death - Medical evidence - Distinctions between hanging and strangulation - Differentiation between strangulation and throttling.A. Indian Penal Code, 1860 Section 302 Murder - Evidence of strangulation - There is a clear distinction between hanging and strangulation - In hanging, s...

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GOVERNMENT OF TAMIL NADU vs. ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL

Citation : 2019 Latest Caselaw 1067 SC

Tamil Nadu Forest Act, 1882

Raja Braja Sundar Deb Vs. Moni Behara & Ors [1951] INSC 22 (27 March 1951)

Headnote :

IMPORTANTThe forests in Alagar Hills are not owned by the Temple - The presumption of a lost grant cannot be applied in the absence of evidence demonstrating continuous possession under a claim of title.According to Section 25 of the Madras Forest Act, 1882 - Reserved Forest - Forests that were rese...

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M/S. ORIENTAL KURIES LTD. vs. LISSA

Citation : 2019 Latest Caselaw 1068 SC

Chit Funds Act, 1982
Chit Funds Act, 1982
Kerala Chitties Act, 1975

Headnote :

IMPORTANTThe relationship between a chit subscriber and the chit foreman is based on a contractual obligation. If a subscriber defaults, the foreman has the right to recover the total amount of future subscriptions.A. Chit Funds Act, 1982, Sections 31, 32, and 33 - Foreman and subscriber to chit fun...

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RAVINDRA SINGH vs. DISTRICT INSPECTOR OF SCHOOLS

Citation : 2019 Latest Caselaw 1069 SC

Headnote :

According to the U.P. Secondary Education Services Commission and Selection Board Act of 1982, specifically Sections 16 and 18, the approval for an adhoc appointment was denied. The appellant\'s request for service approval was rejected. The appellant was appointed to a substantive vacancy that aros...

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SATINDER SINGH BHASIN vs. GOVERNMENT OF NCT OF DELHI

Judgement Date : 06 Nov 2019

Citation : 2019 Latest Caselaw 1070 SC

Constitution of India

Headnote :

NOTICENumerous FIRs filed in Delhi and UP regarding the same issue - Complaints are of a similar nature - Supreme Court has granted bail and has stayed the FIRs in Delhi.A. Under Article 32 of the Constitution of India, 1950 - Multiple FIRs have been lodged against the petitioner in UP and NCT of De...

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CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED vs. LAMBDA THERAPEUTIC RESEARCH LIMITED

Judgement Date : 06 Nov 2019

Citation : 2019 Latest Caselaw 1071 SC

Headnote :

Constitution of India, 1950 Article 136 Delay in construction - Additional lease premium - A letter from CIDCO requested the respondents to pay an additional lease premium of Rs. 14,05,60,587 for the issuance of a \'No Dues Certificate\'. The respondents were alleged to have failed to complete const...

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JAIPRAKASH ASSOCIATES LTD. vs. IDBI BANK LTD.

Judgement Date : 06 Nov 2019

Citation : 2019 Latest Caselaw 1072 SC

Constitution of India

Headnote :

Insolvency and Bankruptcy Code, 2016 Sections 7, 12(c) and 31 - Duration of the resolution process - Calculation of the timeline for the completion of the Corporate Insolvency Resolution Process (CIRP) - A bank initiated the Corporate Resolution Process against the appellant - The Resolution Profess...

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M.C. MEHTA vs. UNION OF INDIA

Judgement Date : 06 Nov 2019

Citation : 2019 Latest Caselaw 1073 SC

Headnote :

IMPORTANTThe states of Punjab, Haryana, and Uttar Pradesh will provide Rs. 100/- per quintal to farmers who have refrained from burning stubble, within seven days.According to Article 32 of the Constitution of India, 1950, air pollution caused by stubble burning is a significant issue. Most farmers...

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DAYA RAM vs. STATE OF MADHYA PRADESH

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1074 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 :

Indian Penal Code, 1860 Section 302 Murder - Conviction - The deceased was assaulted and thrown into a canal by the accused individuals. Witnesses rescued the deceased from the canal, to whom he revealed the names of the assailants, claiming they had attacked him. The accused were specifically ident...

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UNION OF INDIA vs. V.R.NANUKUTTAN NAIR

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1075 SC

CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
Navy (Pension) Regulations, 1964

Nalinakhya Bysack Vs. Shyam Sunder Haldar & Ors [1953] INSC 5 (29 January 1953)

Headnote :

IMPORTANTIt is not the role of the Courts to address gaps in Statute - If the legislature has created a gap, it is not the responsibility of the Court to address it.A. Navy (Pension) Regulations, 1964, Regulations 101 and 105B - Service element of disability pension - Entitlement - The applicant was...

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STATE OF UTTARAKHAND vs. DARSHAN SINGH

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1076 SC

Arms Act, 1959
Criminal Procedure Code, 1973
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder

State of Haryana Vs. Bhagirath & Ors [1999] INSC 204 (12 May 1999)
Narain Singh Vs. State of Punjab [1962] INSC 232 (21 August 1962)

Headnote :

A. Indian Penal Code, 1860 Sections 302, 147, 148, and 149 - Murder - Evidence Inconsistency - Acquittal - The deceased was reportedly shot by the accused while driving a tractor. The case relied on direct evidence; however, the deceased\'s wife, who was said to be with him in the tractor, was not c...

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INDIAN OIL CORPORATION vs. M/S. R.M. SERVICE CENTRE

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1077 SC

Constitution of India
CrPC Section 100. Persons in charge of closed place to allow search
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

NOTICEEssential Commodities Act - Legal action for breaching the guidelines - The search and seizure provisions in Clause 7 in conjunction with Section 100 of the CrPC will not be applicable.A. Essential Commodities Act, 1955, Sections 7 and 3 - Search and seizure under the Essential Commodities Act...

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M/S SHAF BROADCAST PVT. LTD. vs. DOORDARSHAN - A CONSTITUENT OF PRASAR BHARTI

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1078 SC

Arbitration and Conciliation Act, 1996

Headnote :

According to Section 11 of the Arbitration and Conciliation Act, 1996, which pertains to the appointment of an arbitrator, the arbitration agreement originally specified a three-member arbitral tribunal. However, during the hearing, the legal representatives of all parties requested a modification t...

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MANOHARAN vs. STATE BY INSPECTOR OF POLICE

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1079 SC

Constitution of India
CrPC Section 163. No inducement to be offered
CrPC Section 164. Recording of confessions and statements
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 433. Power to commute sentence
Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 363. Punishment for kidnapping
IPC Section 364A. Kidnapping for ransom, etc.

Headnote :

CRUCIALConfession withdrawn at the end of the trial - The voluntariness of the confession remains unaffected by the later retraction - The original confession is still valid.A. Confession - Voluntariness of confession - The petitioner did not contest the confessional statement despite having several...

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KALU ALIAS LAXMINARAYAN vs. STATE OF MADHYA PRADESH

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1080 SC

CrPC Section 161. Examination of witnesses by police
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

A. Indian Penal Code, 1860 Section 302 - Murder of wife: Testimonies from the deceased\'s relatives and parents indicate that the relationship between the accused and the deceased was troubled. Due to these strained relations, the deceased had been living at her parents\' home for nearly 10 months b...

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M/S VIJAY TRADING AND TRANSPORT COMPANY vs. CENTRAL WAREHOUSING CORPORATION

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1081 SC

Arbitration and Conciliation Act, 1996

Headnote :

According to Section 34 of the Arbitration and Conciliation Act, 1996, regarding the termination of contracts and forfeiture of security deposits - the arbitral award has led to the dismissal of objections. The appellant did not deliver the container to the designated port. Given the substantial cla...

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HARDEV SINGH vs. HARPREET KAUR

Judgement Date : 07 Nov 2019

Citation : 2019 Latest Caselaw 1082 SC

CrPC Section 482. Saving of inherent power of High Court
Prohibition of Child Marriage Act, 2006

Headnote :

IMPORTANTChild Marriage - Male adults aged eighteen to twenty-one years will not face penalties for marrying female adults.According to the Criminal Procedure Code, 1973, Section 482, and the Prohibition of Child Marriage Act, 2006, Section 9 - It has been determined that male adults aged eighteen t...

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AWADHESH KUMAR vs. STATE OF UTTAR PRADESH

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1083 SC

Indian Penal Code, 1860 (IPC)

Headnote :

NOTICEMurder - Shooting at close range - No significant or sudden provocation that would justify the accused firing at the deceased from a very short distance - This case is categorized under Section 302 of the Indian Penal Code.Indian Penal Code, 1860 Section 304, Part I - Culpable homicide that do...

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M/S. MITRA GUHA BUILDERS (INDIA) COMPANY vs. OIL AND NATURAL GAS CORPORATION LIMITED

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1084 SC

Arbitration and Conciliation Act, 1996

Food Corporation of India Vs. Sreekanth Transport [1999] INSC 212 (14 May 1999)

Headnote :

Arbitration and Conciliation Act, 1996 Section 34 Arbitral Award - Challenge - The Arbitrator, while upholding the contractor\'s claim, rejected the liquidated damages imposed by ONGC. The liquidated damages were acknowledged as a matter agreed upon by the parties. According to Clause 2 of their agr...

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UNION OF INDIA vs. 794898 T EX CORPORAL ABHISHEK PANDEY

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1085 SC

Air Force Rules, 1969

Headnote :

Air Force Rules 1969, Rule 15(2) - Habitual Offender - Discharge from Service - The respondent had seven recorded offenses in their conduct sheet, leading to their discharge as a habitual offender. A second warning should only be issued when the competent authority is considering final orders but be...

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UNION OF INDIA vs. GANDIBA BEHERA

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1086 SC

Constitution of India
Punjab State Election Commission Act, 1994

Headnote :

According to Rule 88 of the Central Civil Services (Pension) Rules, 1972, the services provided by Extra Departmental Agents, such as Gramin Dak Sevaks, do not count towards qualifying service for pension calculations in regular positions within the postal department. The orders from the CAT and Hig...

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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION vs. SHRI PRINCE SHIVAJI MARATHA BOARDING HOUSES COLLEGE OF ARCHITECTURE

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1087 SC

Architects Act, 1972
Constitution of India
Gwalior
Madras University Act, 1923
Minimum Standards of Architectural Education Regulations 1983
Tamil Nadu Private Colleges (Regulation) Act, 1976
University Grants Commission Act, 1956

Headnote :

A. The Architects Act of 1972, Sections 3 and 45, along with the All India Council of Technical Education Act of 1987, Sections 3 and 23, govern architectural education and the approval of institutions. The primary aim of the Architects Act is to recognize qualifications in architecture, and the reg...

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HARI NIWAS GUPTA vs. STATE OF BIHAR

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1088 SC

Constitution of India
Government of India Act, 1935

Tarsem Singh & Ors Vs. State of Punjab [2002] INSC45 (29 January 2002)
Tarsem Singh Vs. State of Punjab [1994] INSC 364 (12 July 1994)

Headnote :

IMPORTANTDismissal of Judicial Officers - Reasons Required for Waiving Inquiry.According to Article 311(2)(b) of the Constitution of India, 1950, and Rules 14 and 20 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, the failure to document reasons for waiving an inqu...

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RAHUL JAIN vs. RAVE SCANS PVT. LTD.

Judgement Date : 08 Nov 2019

Citation : 2019 Latest Caselaw 1089 SC

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Headnote :

NOTICEOrder from the National Company Law Appellate Tribunal stating that dissenting Financial Creditors should not face discrimination - Order overturned.According to Regulation 38 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 201...

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SHIA CENTRAL BOARD OF WAQF U.P vs. SUNNI CENTRAL BOARD OF WAKF

Judgement Date : 09 Nov 2019

Citation : 2019 Latest Caselaw 1090 SC

Headnote :

Limitation - The delay of 24,964 days remains unaccounted for - The Special Leave Petition filed by the Shia Waqf Board has been dismissed.[Paragraph 1]

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M.SIDDIQ (D) vs. MAHANT SURESH DAS

Judgement Date : 09 Nov 2019

Citation : 2019 Latest Caselaw 1091 SC

Ancient Monuments and Archaeological Sites and Remains Act, 1958
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Gwalior
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Limitation Act, 1963
Places of Worship (Special Provisions) Act, 1991
Section 111. TPA, Determination of lease.
Section 60. TPA, Right of mortgagor to redeem.
Specific Relief Act, 1963
Supreme Court Rules, 2013

Supreme Court Bar Association Vs. Union of India & Ors [2007] Insc 406 (13 April 2007)
Chandi Prasad & Ors Vs. Jagdish Prasad & Ors [2004] Insc 599 (1 October 2004)
Thayarammal Vs. Kanakammal & Ors [2004] Insc 742 (8 December 2004)
V. V [2001] INSC552 (18 October 2001)
Ram Jankijee Deities & Ors Vs. State of Bihar & Ors [1999] INSC 196 (11 May 1999)
Ismail Faruqui Vs. Union of India [1994] INSC 547 (24 October 1994)
Union Carbide Corporation Vs. Union of India [1991] INSC 252 (3 October 1991)
Union Carbide Corporation Vs. Union of India [1989] INSC 179 (4 May 1989)
Vimla Bai Vs. Hiralal Gupta & Ors [1989] INSC 393 (22 December 1989)
Jhummamal Alias Devandas Vs. State of Madhya Pradesh & Ors [1988] INSC240 (25 August 1988)
Late Nawab Sir Mir Osman Ali Khan Vs. Commissioner of Wealth Tax, Hyderabad [1986] INSC 214 (21 October 1986)
Commissioner of Wealth Tax, Amritsar Vs. Suresh Seth [1981] INSC 84 (7 April 1981)
Profulla Chorone Requitte & Ors Vs. Satya Chorone Requitte [1979] INSC 57 (2 March 1979)
State of Bihar Vs. Deokaran Nenshi [1972] INSC 187 (24 August 1972)
Union of India Vs. Sudhansu Mazumdar & Ors [1971] INSC 97 (29 March 1971)
Union of India Vs. West Coast Paper Mills Ltd. [1970] INSC 216 (14 October 1970)
State of Gujarat Vs. Vora Fiddali Badruddin Mithibarwala [1964] INSC 21 (30 January 1964)
Bhinka & Ors Vs. Charan Singh [1959] INSC 51 (24 April 1959)
Namdeo Lokman Lodhi Vs. Narmadabai & Ors [1953] INSC 15 (27 February 1953)
Raja Braja Sundar Deb Vs. Moni Behara & Ors [1951] INSC 22 (27 March 1951)
Sukhdev Singh Vs. Maharaja Bahadur of Gidhaur [1951] INSC 27 (2 May 1951)
Yeswant Deorao Deshmukh Vs. Walchand Ramchand Kothari [1950] INSC 34 (1 December 1950)

Headnote :

A. The overall conclusion drawn from the evidentiary record is as follows:(i) The contested site is a single entity. The railing established in 1856-7 did not result in a division of the land or any determination of ownership;(ii) The Sunni Central Waqf Board has not proven its claim of dedication t...

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STATE OF MAHARASHTRA vs. BALU

Judgement Date : 13 Nov 2019

Citation : 2019 Latest Caselaw 1092 SC

Constitution of India
Delegation of Powers
Delegation of Powers

Headnote :

A. The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers, and Individuals Involved in Black-Marketing of Essential Commodities Act, 1981, Sections 3(2) and 13 - Concerning Preventive Detention - Section 3(2) per...

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ROJER MATHEW vs. SOUTH INDIAN BANK LTD.

Judgement Date : 13 Nov 2019

Citation : 2019 Latest Caselaw 1093 SC

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
Administrative Tribunals Act, 1985
Advocates Act, 1961
Airports Economic Regulatory Authority of India Act, 2008
Armed Forces Tribunal Act, 2007
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
Central Excise Act, 1944
Central Goods and Services Tax Act, 2017
Cinematograph Act, 1952
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Competition Act, 2002
Constitution of India
Consumer Protection Act, 2019
Contempt of Courts Act, 1971
Customs Act, 1962
Delhi Laws Act, 1912
Electricity Act, 2003
Finance Act, 2017
Government of India (Allocation of Business) Rules, 1961
Government of India Act, 1935
Gwalior
Income Tax Act, 1961
Industrial Disputes Act, 1947
National Environment Appellate Authority Act, 1997
National Green Tribunal Act, 2010
National Tax Tribunal Act, 2005
Pension Fund Regulatory and Development Authority Act, 2013
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948
Securities and Exchange Board of India Act, 1992
Securities and Exchange Board of India Act, 1992
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
Telecom Regulatory Authority Of India Act, 1997
Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017

Supreme Court Advocates-on-Record Association and Another Vs. Union of India [December 16, 2015]
Union of India Vs. R. Gandhi [2010] INSC 393 (11 May 2010)
M.C. Mehta Vs. Union of India & Ors [2007] Insc 1031 (10 October 2007)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 79 (16 February 2006)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 203 (13 April 2006)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 625 (29 September 2006)
M.C. Mehta Vs. Union of India & Ors [2004] Insc 179 (18 March 2004)
M.C. Mehta Vs. Union of India & Ors [2003] INSC 208 (2 April 2003)
M.C. Mehta Vs. Union of India & Ors [1999] INSC 225 (22 July 1999)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 8 (7 January 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 295 (12 May 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 300 (12 May 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 625 (18 December 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 633 (18 December 1998)
M.C. Mehta Vs. Union of India & Ors [1997] INSC 840 (20 November 1997)
M.C. Mehta Vs. Union of India & Ors [1996] INSC 763 (8 July 1996)
M.C. Mehta Vs. Union of India & Ors [1996] INSC 1290 (11 October 1996)
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)
L. Chandra Kumar Vs. The Union of India & Ors [1994] INSC 630 (2 December 1994)
L. Chandra Kumar Vs. Union of India & Ors [1994] INSC 633 (2 December 1994)
Saru Smelting (P) Ltd. Vs. Commissioner of Sales Tax, Lucknow [1993] INSC 288 (13 May 1993)
R.K. Jain Vs. Union of India & Ors [1993] INSC 297 (14 May 1993)
Kihoto Hollohan Vs. Zachillhu & Ors [1992] INSC 53 (18 February 1992)
M.C. Mehta Vs. Union of India & Ors [1992] INSC 165 (15 May 1992)
Sub-Committee On Judicial Accountability Vs. Union of India & Ors [1991] INSC 137 (8 May 1991)
M.C. Mehta Vs. Union of India & Ors [1991] INSC 313 (22 November 1991)
Ramesh Birch & Ors Vs. Union of India & Ors [1989] INSC 136 (21 April 1989)
M.C. Mehta Vs. Union of India & Ors [1988] INSC 7 (12 January 1988)
M.C. Mehta Vs. Union of India & Ors [1987] INSC 262 (22 September 1987)
R.K. Garg Vs. Union of India & Ors [1981] INSC 182 (20 October 1981)
Union of India Vs. Jyoti Prakash Mitter [1971] INSC 18 (21 January 1971)
Jaswant Sugar Mills Ltd., Meerut Vs. Lakshmichand & Ors [1962] INSC 263 (25 September 1962)
Durga Shankar Mehta Vs. Thakur Raghuraj Singh & Ors [1954] INSC 68 (19 May 1954)

Headnote :

CRUCIALThe Ministry of Law and Justice has been instructed to conduct a \'Judicial Impact Assessment\' for all tribunals established by Parliament and to present the findings to the appropriate legislative authority.Rajan Gogoi, CJI. N.V.Ramana and Sanjiv Khanna, JJ.A. Constitution of India, 1950 Ar...

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SHRIMANTH BALASAHEB PATIL vs. HONBLE SPEAKER KARNATAKA LEGISLATIVE ASSEMBLY

Judgement Date : 13 Nov 2019

Citation : 2019 Latest Caselaw 1094 SC

Headnote :

Limitation - A delay of 24,964 days remains unexplained - The Special Leave Petition filed by the Shia Waqf Board has been dismissed.[Para 1]

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CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA vs. SUBHASH CHANDRA AGARWAL

Judgement Date : 13 Nov 2019

Citation : 2019 Latest Caselaw 1095 SC

Constitution of India
Government of India Act, 1935
Official Secrets Act, 1923
Right to Information Act, 2005
Universal Declaration of Human Rights, 1948

C. Ravichandran Iyer Vs. Justice A.M. Bhattacharjee & Ors [1995] INSC 463 (5 September 1995)
R.K. Jain Vs. Union of India & Ors [1993] INSC 297 (14 May 1993)
State of U.P. Vs. Raj Narain & Ors [1975] INSC 16 (24 January 1975)

Headnote :

IMPORTANTShould information be disclosed? - A Public Interest Test will be conducted to assess and determine whether the information should be provided or if it is exempt. The independence of the judiciary is a matter of public interest.A. Under the Right to Information Act, 2005, Sections 8 and 11,...

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ORIENTAL INSURANCE CO. LTD. vs. DICITEX FURNISHING LTD.

Judgement Date : 13 Nov 2019

Citation : 2019 Latest Caselaw 1096 SC

Arbitration and Conciliation Act, 1996

Headnote :

CRUCIALDuring the process of appointing an arbitrator, the court must ensure that a legitimate arbitrable dispute exists and must be prima facie convinced of the validity or credibility of the claim.According to Section 11(6) of the Arbitration and Conciliation Act, 1996 - concerning the appointment...

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JABBAR vs. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

Judgement Date : 13 Nov 2019

Citation : 2019 Latest Caselaw 1097 SC

Motor Vehicles Act, 1988

Headnote :

IMPORTANTCompensation - The limitation on the claimant\'s claim does not prevent the awarding of higher compensation - Compensation exceeding the claimed amount can be granted.A. Constitution of India, 1950 Article 142 Motor Vehicles Act, 1988 Section 166 Accident - Amputation of right hand - Increa...

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YASHWANT SINHA vs. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1098 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
Prevention of Corruption (Amendment) Act, 2018
Prevention of Corruption Act, 1988
Supreme Court Rules, 2013

Headnote :

A. Under Article 137 of the Constitution of India, 1950, regarding the Rafale case - The Court, in its judgment, thoroughly examined the arguments presented by the parties concerning the \'Decision Making Process\', \'Pricing\', and \'Offsets\'. Before addressing these issues, the Court outlined the...

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WAPCOS LTD. vs. SALMA DAM JOINT VENTURE

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1099 SC

Arbitration and Conciliation Act, 1996

Damodar Valley Corporation Vs. K. K. Kar [1973] INSC 204 (12 November 1973)

Headnote :

The Arbitration and Conciliation Act of 1996, Section 11(6), regarding the Appointment of Arbitrator, emphasizes sustainability. The parties, with full awareness and understanding, executed an Amendment of Agreement. Through this Amendment of Agreement (AoA), the contractor relinquished all claims a...

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TAJ MAHAL HOTEL vs. UNITED INDIA INSURANCE CO.LTD.

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1100 SC

Indian Contract Act, 1872
Section 151. Care to be taken by bailee

Headnote :

IMPORTANTA complaint lodged by an insurer acting as a subrogee is valid if it is filed in the name of the assured, where the insurer serves as the attorney for the assured.IMPORTANTWhen a car is entrusted to a hotel valet for parking and is subsequently stolen, there exists an implied contractual du...

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COMMISSIONER OF CENTRAL EXCISE, HALDIA vs. M/S. KRISHNA WAX (P) LTD.

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1101 SC

Central Excise Act, 1944

Headnote :

IMPORTANTIncome Tax - Writ petition challenging the issuance of a Show Cause Notice is not permissible.According to the Central Excise Act, 1944, Sections 11A and 35L, concerning the manufacture of specified goods and the non-levy and payment of excise duty, it has been determined that a writ petiti...

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STATE OF TAMIL NADU vs. STATE OF KARNATAKA

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1102 SC

Constitution of India
Inter State River Water Disputes Act, 1956
River Boards Act, 1956
River Boards Act, 1956

Headnote :

IMPORTANTDispute over Inter-State River between Tamil Nadu and Karnataka - An appropriate application should be made to invoke the powers of the Central Government as per the provisions of the Act for the establishment of an Inter-State River Water Disputes Tribunal.A. Constitution of India, 1950 Ar...

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MANJU PURI vs. RAJIV SINGH HANSPAL

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1103 SC

Code of Civil Procedure, 1908 (CPC)
Indian Succession Act, 1925
Rules of The High Court At Calcutta (Original Side), 1914

Headnote :

A. Under Section 263 of the Indian Succession Act, 1925, regarding the revocation of probate of a will, the High Court had granted probate to the mother of the defendants. Subsequently, the plaintiff\'s mother initiated a partition suit, claiming to be a co-sharer as the sister of the defendants\' m...

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MANAGER THE MAHARASHTRA STATE COOPERATIVE BANK LTD. vs. FARMER BANK EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1104 SC

Banking Regulation Act, 1949

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the allotment of tenements and identifies a deficiency in service. It was determined that neither the respondent Society nor any of its members were involved in the initial allotment made to the appellant. The appellant carved out 16 plots f...

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