Caselaw | Supreme Court Judgements of november 2019

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RAM KRISHAN GROVER vs. UNION OF INDIA

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1105 SC

Citizenship Act, 1955
Code of Civil Procedure, 1908 (CPC)
Delhi Laws Act, 1912
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
East Punjab Urban Rent Restriction (Amendment) Act, 2001
East Punjab Urban Rent Restriction (Amendment) Act, 2001
East Punjab Urban Rent Restriction (extension To Chandigarh) Act, 1974
East Punjab Urban Rent Restriction Act, 1949
Government of India Act, 1935
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
West Bengal Premises Tenancy Act, 1956
West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962

Lachmi Narain Vs. Union of India & Ors [1975] INSC 288 (25 November 1975)

Headnote :

IMPORTANTThe right of NRIs to pursue tenant eviction through the summary eviction process in Punjab and U.T. Chandigarh is legitimate and not arbitrary.IMPORTANTThe right of NRIs to initiate eviction under the summary procedure of the Rent Act is not an unrestricted and absolute right; it is conting...

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RAMESHCHANDRA DAULAL SONI vs. DEVICHAND HIRALAL GANDHI (DEAD) THR. LRS. SMT. GULABBAI DEVICHAND GANDHI

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1106 SC

Section 111. TPA, Determination of lease.

Sri Ram Ram Narain Medhi Vs. The State of Bombay [1958] INSC 116; (18 November 1958)

Headnote :

A. Under Section 111 of the Transfer of Property Act, 1882, and Section 5(11) of the Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947, regarding arrears of rent and eviction, it is stated that a person conducting business with a statutory tenant at the time of the tenant\'s death may con...

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UNION OF INDIA vs. PRADEEP VINOD CONSTRUCTION CO.

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1107 SC

Arbitration and Conciliation Act, 1996

Headnote :

The Arbitration and Conciliation Act of 1996, Section 11(6), states that if an agreement specifies the appointment of a named arbitrator, the appointment must adhere to the terms of that agreement. The High Court erred in appointing an independent arbitrator while disregarding Clause 64 of the Gener...

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KANTARU RAJEEVARU vs. INDIAN YOUNG LAWYERS ASSOCIATION

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1108 SC

Constitution of India
Supreme Court Rules, 2013

V. Purushotham Rao Vs. Union of India & Ors [2001] INSC559 (19 October 2001)

Headnote :

A. Under Article 137 of the Constitution of India, 1950, and Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, as well as Section 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, regarding the Sabarimala issue, it is noted...

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LILAVATI KIRTILAL MEHTA MEDICAL TRUST vs. M/S UNIQUE SHANTI DEVELOPERS

Judgement Date : 14 Nov 2019

Citation : 2019 Latest Caselaw 1109 SC

Headnote :

IMPORTANTConsumer Protection Act - Flats acquired for use as hostel accommodations for hospital nurses - Not considered a commercial purpose.A. Under Section 2(1)(d) of the Consumer Protection Act, 1986, the purchase of flats for hostel accommodations - Determining if it constitutes a commercial pur...

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SANTOSH CHATURVEDI vs. KAILASH CHANDRA

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1110 SC

Constitution of India
Hindu Succession Act, 1956
Section 109. TPA, Rights of lessor’s transferee.

Headnote :

IMPORTANTTransfer of property ownership - When an owner transfers property to his son, the tenant automatically becomes the tenant of the new owner.IMPORTANTEviction - If the new owner demonstrates his ownership and genuine need for the property, the tenant must vacate the premises.A. Under the U.P....

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UNION PUBLIC SERVICE COMMISION vs. JAWAHAR SANTHKUMAR

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1111 SC

All India Services Act, 1951

Union Public Service Commission Vs. M. Sathiya Priya and others [April 13, 2018]
Gurdayal Singh Fiji Vs. The State of Punjab & Ors [1981] INSC 177 (14 October 1981)

Headnote :

A. Under Section 3 of the All India Service Act, 1951, and the Indian Administrative Service (Appointment by Promotion) Regulations of 1955, specifically Regulations 5(4) and 5(5), the respondent petitioner sought promotion to the IAS effective from the date his juniors were promoted. In evaluating...

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M/S T.C.HEALTHCARE P. LTD. vs. UNION OF INDIA

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1112 SC

Headnote :

The Drugs Price Control Order of 1995, specifically paragraphs 2(v) and 7, addresses the price ceiling on drug formulations and its legality. The appellant contested the validity of the notifications issued on July 11, 2006, and April 30, 2009, which established price ceilings for drug formulations....

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COMMITTEE OF CREDITORS OF ESSAR STEEL INDIA LIMITED THROUGH AUTHORISED SIGNATORY vs. SATISH KUMAR GUPTA

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1113 SC

Companies Act, 2013
Constitution of India
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
Haryana Urban (Control of Rent and Eviction) Act, 1973
Indian Contract Act, 1872
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
IPC Section 465. Punishment for forgery
Recovery of Debts Due to Banks and Financial Institutions Act, 1993

K.S. Paripoornan Vs. State of Kerala [1994] INSC 469 (12 September 1994)
State of Travancore-Cochin & Ors Vs. The Bombay Co. Ltd. [1952] INSC 42 (16 October 1952)

Headnote :

CRUCIALThe resolution plan sanctioned by the Committee of Creditors - NCALT cannot infringe upon the business decisions made by the Committee of Creditors - The Adjudicating Authority is not permitted to interfere with the merits of the commercial decisions made by the Committee of Creditors.A. Unde...

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MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) vs. ABHILASH LAL

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1114 SC

Banking Regulation Act, 1949
Companies Act, 2013
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Mumbai Municipal Corporation Act, 1888
Reserve Bank of India Act, 1934
Societies Registration Act, 1860

Headnote :

A. Under the Insolvency and Bankruptcy Code of 2016, Section 30, and the Mumbai Municipal Corporation Act of 1888, Section 92, the resolution plan\'s sustainability is in question. The Corporation had leased land to the corporate debtor for a period of 30 years for the purpose of constructing a hosp...

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RATHNAMMA vs. SUJATHAMMA

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1115 SC

Hindu Marriage Act, 1955
Special Marriage Act, 1954

Headnote :

CRUCIALSimply registering a marriage agreement does not suffice to establish the validity of a marriage.A. Under the Hindu Marriage Act, 1955, specifically Sections 5, 7, and 11, as well as Section 24 of the Special Marriage Act, 1954, it was determined that an agreement of marriage stating both par...

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MR. VINAY PRAKASH SINGH vs. SAMEER GEHLAUT

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1116 SC

Arbitration and Conciliation Act, 1996
Contempt of Courts Act, 1971

Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)

Headnote :

IMPORTANTContemnors have knowingly and willingly reduced their stake in the Company despite the court\'s order to maintain the status quo - They have been given one opportunity to rectify their contempt.A. Under Section 2(b) of the Contempt of Courts Act, 1971, disobeying a court order constitutes c...

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RAKESH @ TATTU vs. STATE OF MADHYA PRADESH

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1117 SC

Indian Forest Act, 1927
Indian Forest Act, 1927

Headnote :

Under the Indian Forest Act of 1927, specifically Sections 26(1)(g), 41, and 68, the appellants\' request to compound the offence was denied by the Competent Authority on the basis that the appellants acknowledged their wrongdoing. When an accused seeks to compound an offence, it implies an admissio...

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Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1118 SC

Constitution of India
CrPC Section 125. Order for maintenance of wives, children and parents
Indian Penal Code, 1860 (IPC)
Protection of Women From Domestic Violence Act, 2005

Headnote :

According to Article 142 of the Constitution of India, 1950, and Section 28 of the Special Marriage Act, 1954, regarding Mutual Divorce, the parties have reached an amicable settlement and a Settlement Agreement has been submitted. In the interest of justice, we exercise our jurisdiction under Artic...

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HON'BLE HIGH COURT AT CALCUTTA vs. MINTU MALLICK

Judgement Date : 15 Nov 2019

Citation : 2019 Latest Caselaw 1119 SC

Constitution of India
Criminal Procedure Code, 1973

Headnote :

A. Reinstatement - The order for compulsory retirement of the Railway Magistrate was based on his unauthorized entry into the Motorman\'s cabin on several occasions, his questioning of the Motorman under the guise of a judicial inquiry, and his subsequent incorrect ordering of the Motorman\'s detent...

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ANAND RAO KORADA RESOLUTION PROFESSIONAL vs. M/S VARSHA FABRICS (P) LTD.

Judgement Date : 18 Nov 2019

Citation : 2019 Latest Caselaw 1120 SC

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

Headnote :

IMPORTANTInsolvency and Bankruptcy Code - Once proceedings under the Insolvency and Bankruptcy Code have started and a moratorium order has been issued by the NCLT, the High Court is not permitted to issue interim orders regarding auction proceedings.According to Sections 14 and 238 of the Insolvenc...

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DEPARTMENT OF MINES AND GEOLOGY STATE OF PUNJAB vs. STATE LEAVE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY

Judgement Date : 18 Nov 2019

Citation : 2019 Latest Caselaw 1121 SC

Headnote :

The Environment (Protection) Act of 1986, Section 5, addresses the revocation of environmental clearance. A notice was issued by the respondent aiming to revoke the environmental clearance that had previously been granted to the appellant. This conclusion was reached based on a joint inspection repo...

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BAIDYANATH YADAV vs. ADITYA NARAYAN ROY

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1122 SC

Indian Administrative Service (Appointment by Selection) Regulations, 1997

Headnote :

A. Under Rule 8 of the Indian Administrative Service (Recruitment) Rules 1954, the selection process is subject to limited judicial review. The selection of a Non-SCS officer to the IAS is conducted by a properly constituted expert body, and the tribunal or court does not have the authority to reass...

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K. MEGHACHANDRA SINGH vs. NINGAM SIRO

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1123 SC

Headnote :

IMPORTANTSeniority cannot be established from a date prior to the individual being officially appointed to service.According to the Manipur Police Service Rules, 1965, Rule 28(iii) - Seniority - Determination - An individual is eligible to claim seniority only from the date they were officially appo...

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NARESH vs. HEMANT

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1124 SC

Section 45. TPA, Joint transfer for consideration.

Headnote :

The Civil Procedure Code of 1908, Section 100, and the Transfer of Property Act of 1882, Section 45, address joint property and the presumption of ownership, as well as the ability to rebut that presumption. Initially, two brothers, the fathers of the plaintiffs and defendants, intended to jointly p...

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KAMLESH vs. SHRIRAM GENERAL INSURANCE COMPANY LTD

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1125 SC

Headnote :

IMPORTANTConsumer Protection - Accidental loss due to fire - Timely notification to the insurance company is essential - Claim amount cannot be reduced by 60%.According to the Consumer Protection Act, 1986 Section 23, regarding a fire incident in a truck - A delay in notifying the police leads to a...

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ASHOK KUMAR KALRA vs. WING CDR SURENDRA AGNIHOTRI

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1126 SC

Code of Civil Procedure (Amendment) Act, 2002
Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963
Treasure Trove Act, 1878

Headnote :

IMPORTANTThere is no restriction on filing a counterclaim after the written statement has been submitted; however, there should not be any significant delay.A. Procedural Law - Interpretation of Provisions - Any provision within procedural law should not be interpreted in a manner that renders the c...

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CENTRAL BUREAU OF INVESTIGATION vs. RAMENDU CHATTOPADHYAY

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1127 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 120B, 420, and 409, along with Sections 4 and 6 of the Prizes and Chit Money Circulation Scheme (Banning) Act of 1978, and Section 173(8) of the Criminal Procedure Code of 1973, pertain to economic offenses and interim bail. The respondent, with t...

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STATE OF MADHYA PRADESH vs. KILLU @ KAILASH

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1128 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 302. Punishment for murder

Headnote :

The Indian Penal Code of 1860, Section 149, addresses unlawful assembly and vicarious liability. The presence of the respondents in the deceased\'s home, their armed status, their entry into the house around midnight, and the fact that two of the five accused used lethal weapons to kill the deceased...

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RANI NARASIMHA SASTRY vs. RANI SUNEELA RANI

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1129 SC

CrPC Section 125. Order for maintenance of wives, children and parents
Hindu Marriage Act, 1955
Indian Penal Code, 1860 (IPC)
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

IMPORTANTCruelty - Acquittal in Trial for Offence under Section 498A - Husband is entitled to a divorce decree on the grounds of cruelty.According to the Hindu Marriage Act, 1955 Section 13(1)(i-a) and the Indian Penal Code, 1860 Section 498A, in cases of divorce involving a criminal case under Sect...

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MOHD. PARVEZ ABDUL KAYYUM SHEIKH vs. CENTRAL BUREAU OF INVESTIGATION

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1130 SC

Headnote :

The Constitution of India, 1950, Article 137 - In the Haren Pandya Murder case, the review petition regarding the conviction has been dismissed, as the order does not exhibit any obvious error that would justify its re-evaluation.[Para 3]

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BHAGWAN DAS BHAJANKA (D) vs. BIMALA DEVI GOYAL

Judgement Date : 19 Nov 2019

Citation : 2019 Latest Caselaw 1131 SC

Headnote :

Division and Distinct Ownership - According to the appellant/intervenors and the Respondent, they have amicably and voluntarily resolved the issue at hand. They have also committed to ensuring that all parties adhere to the terms of the Settlement. The Settlement Deed submitted by the parties is ack...

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CHAITU LAL vs. STATE OF UTTARAKHAND

Judgement Date : 20 Nov 2019

Citation : 2019 Latest Caselaw 1132 SC

IPC Section 376. Punishment for rape

Headnote :

IMPORTANTThe attempt to commit the crime of rape begins when the accused starts to act with the required intent.According to the Indian Penal Code, 1860, Sections 354, 376, and 511 regarding the attempt to commit rape - a conviction can be made when the accused begins to act with the necessary inten...

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REKHA MURARKA vs. STATE OF WEST BENGAL

Judgement Date : 20 Nov 2019

Citation : 2019 Latest Caselaw 1133 SC

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

Headnote :

IMPORTANTVictims are permitted to hire private counsel to aid in the prosecution - However, private counsel is not permitted to present arguments or cross-examine witnesses.According to the Criminal Procedure Code of 1973, Sections 24(8), 225, and 301, victims have the right to engage private counse...

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STATE OF UTTAR PRADESH vs. M/S BIRLA CORPORATION LIMITED

Judgement Date : 20 Nov 2019

Citation : 2019 Latest Caselaw 1134 SC

Central Sales Tax Act, 1956
Constitution of India
General Clauses Act, 1897
Gwalior

Headnote :

The Constitution of India, 1950, Articles 301 and 304(a) - Uttar Pradesh Trade Tax Act, 1948, Section 5 - Notification providing a rebate - Rescinding - The 1997 notification classified goods containing fly ash as eligible for rebate. However, feedback to the Government indicated that no new industr...

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N. MOHAN vs. R. MADHU

Judgement Date : 21 Nov 2019

Citation : 2019 Latest Caselaw 1135 SC

NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

United India Insurance Co. Ltd. [JULY 02, 2018]
Chandravathi P.K. & Ors Vs. C.K. Saji & Ors [2004] Insc 96 (12 February 2004)
Shyam Sundar Sarma Vs. Pannalal Jaiswal & Ors [2004] Insc 676 (4 November 2004)

Headnote :

IMPORTANTThe right to appeal is a statutory right - a defendant cannot be deprived of this right solely because a previous application under Order 9, Rule 13 of the CPC was dismissed.A. Civil Procedure Code, Order 9, Rule 13 and Section 96(2) - Limitation Act, 1963 Section 5 Appeal - Condonation of...

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AURANGABAD MUNICIPAL CORPORATION vs. JAYANT

Judgement Date : 21 Nov 2019

Citation : 2019 Latest Caselaw 1136 SC

Bombay Provincial Municipal Corporations Act, 1949
Bombay Provincial Municipal Corporations Act, 1949

Headnote :

A. Under Article 136 of the Constitution of India, 1950, and Section 114 of the Civil Procedure Code, 1908, regarding the maintainability of a review petition: The respondent filed a Special Leave Petition (SLP) against the High Court\'s order that dismissed their petition concerning the reversal of...

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UNION OF INDIA vs. UDAI BHAN SINGH

Judgement Date : 21 Nov 2019

Citation : 2019 Latest Caselaw 1137 SC

Headnote :

A. Disciplinary proceedings - Principle of natural justice - Non-production of documents - The charge against the employee was that they failed to supervise the process, leading to the discovery of fraudulent payments made to NSC agents. As a result, the employee was dismissed. During the tribunal p...

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DULI CHAND vs. STATE OF RAJASTHAN

Judgement Date : 21 Nov 2019

Citation : 2019 Latest Caselaw 1138 SC

Rajasthan Colonisation (Allotment and Sale of Government Land to Pong Dam Oustees and their Transferees in the Indira Gandhi Canal Colony) Rules, 1972
Rajasthan Colonisation Act, 1954

Headnote :

According to Section 13 of the Rajasthan Colonisation Act, 1954, and Rule 6(4) of the Rajasthan Colonisation (Allotment and Sale of Government Land to Pong Dam Oustees and Their Transferees in the Indira Gandhi Canal Colony) Rules, 1972, there is a strict prohibition on the transfer of land allocate...

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RADHA BAI vs. RAM NARAYAN

Judgement Date : 22 Nov 2019

Citation : 2019 Latest Caselaw 1139 SC

Hindu Succession Act, 1956

Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum & Ors [1978] INSC 95 (27 April 1978)
State Bank of India Vs. Ghamandi Ram [1969] INSC 40 (13 February 1969)

Headnote :

IMPORTANTIn matters of ancestral property, a daughter cannot assert a claim that exceeds the rights of her father.According to Section 6 of the Hindu Succession Act, 1956, a daughter may file a suit for partition and seek her share along with possession. However, following the death of the great-gra...

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UNION OF INDIA vs. ANKIT ASHOK JALAN

Judgement Date : 22 Nov 2019

Citation : 2019 Latest Caselaw 1140 SC

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitution of India
Customs Act, 1962

V.C. Mohan Vs. Union of India & Ors [2002] INSC 105 (1 March 2002)
Noor Salman Makani Vs. Union of India [1993] INSC 457 (27 October 1993)
Abdul Sathar Ibrahim Manik Vs. Union of India & Ors [1991] INSC 257 (8 October 1991)
Madan Lal Anand Vs. Union of India & Ors [1989] INSC 329 (26 October 1989)
Vijay Kumar Vs. Union of India & Ors [1988] INSC 52 (24 February 1988)

Headnote :

IMPORTANTCOFEPOSA Act - A detention order can be issued even if an individual is in judicial custody.A. Under Article 22(5) of the Constitution of India, 1950, and Sections 3(3) and 13 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, as well as Section 108 of...

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W.N. ALLAL SUNDARAM vs. COMMISSIONER H.R.

Judgement Date : 22 Nov 2019

Citation : 2019 Latest Caselaw 1141 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959, specifically Sections 6(19) and 63, pertains to public trusts. The Deputy Commissioner of the HR and CE Administration Department issued a notice declaring that the Bagyammal Trust is a public trust. The appellant contended that t...

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GENPACT INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

Judgement Date : 22 Nov 2019

Citation : 2019 Latest Caselaw 1142 SC

Finance Act, 2013
Income Tax Act, 1961

Headnote :

IMPORTANTA writ petition may be dismissed on the basis of the existence of an alternative remedy, even after it has been admitted.A. Income Tax Act, 1961 Sections 115QA, 143, and 144 - Buyback of shares - Tax liability - The assessee claims that the \"denial of the assessee\'s liability to be assess...

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STATE OF UTTAR PRADESH vs. M/S KAY PAN FRAGRANCE PVT. LTD.

Judgement Date : 22 Nov 2019

Citation : 2019 Latest Caselaw 1143 SC

Central Goods and Services Tax Act, 2017
Goods and Services Tax (Compensation to States) Act, 2017

Headnote :

IMPORTANTGST - The release of seized goods can occur without the execution of a bond and security as prescribed, or upon the payment of applicable taxes, interest, and penalties that are due in accordance with the Relevant Rules.A. Under Section 67(8) of the Central Goods and Services Act, 2017 - Th...

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NORTH DELHI MUNICIPAL CORPORATION vs. HARLEEN KAUR

Judgement Date : 22 Nov 2019

Citation : 2019 Latest Caselaw 1144 SC

Headnote :

Contractual appointment - Regularization - The respondents were appointed following a public advertisement and selected based on interviews, having been employed since 1997-98. Although their initial appointment was for a six-month contract, it has since been extended. The Tribunal observed that the...

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SHIV SENA vs. UNION OF INDIA

Judgement Date : 24 Nov 2019

Citation : 2019 Latest Caselaw 1145 SC

Headnote :

The Constitution of India, 1950, Article 32, pertains to the appointments of constitutional officials and the floor test. The petitioner contended that the Governor\'s decision to invite the respondent to form a government is unconstitutional. The petitioners requested interim relief to conduct a fl...

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JITENDRA SINGH vs. MINISTRY OF ENVIRONMENT

Judgement Date : 25 Nov 2019

Citation : 2019 Latest Caselaw 1146 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894
National Green Tribunal Act, 2010

Headnote :

CRUCIALEnvironmental Protection - No allocation of local ponds to private industry.According to the Constitution of India, 1950, Articles 48A and 51A(g), the National Green Tribunal Act, 2010, Section 22, and the Wetland (Conservation and Management) Rules, 2010, Rule 4 - Allocating water bodies for...

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KAPILABEN vs. ASHOK KUMAR JAYANTILAL SHETH THROUGH POA GOPALBHAI MADHUSUDAN PATEL

Judgement Date : 25 Nov 2019

Citation : 2019 Latest Caselaw 1147 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Section 21. TPA, Contingent interest.
Specific Relief Act, 1963
Transfer of Property Act, 1882

Shyam Singh Vs. Daryao Singh & Ors [2003] INSC 577 (19 November 2003)
Habiba Khatoon Vs. Ubaidul Huq & Ors [1997] INSC 644 (5 August 1997)
Shyam Singh Vs. Daryao Singh [1960] INSC 222 (24 November 1960)

Headnote :

CRUCIALSpecific Performance - The Appellants are required to execute a sale deed in favor of the original vendees or a \'name proposed by the vendee\'. The term \'name proposed by the vendee\' refers to a nominee suggested at the time of executing the sale deed, not a later assignee.A. Under Section...

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KAUSHALIYA vs. JODHA RAM

Judgement Date : 25 Nov 2019

Citation : 2019 Latest Caselaw 1148 SC

Constitution of India

Headnote :

IMPORTANTContempt petition - Properties in dispute are not part of the lawsuit currently before the Trial, and therefore cannot be included in the Settlement Agreement.IMPORTANTContempt petition - Orders issued in accordance with the Settlement are binding on the parties and must be complied with, a...

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M.C. MEHTA vs. UNION OF INDIA

Judgement Date : 25 Nov 2019

Citation : 2019 Latest Caselaw 1149 SC

Headnote :

IMPORTANTIndividuals impacted by insufficient measures to control air pollution, as well as the failure to remove garbage and waste that contribute to pollution, are entitled to receive compensation.According to Article 32 of the Constitution of India, 1950, air pollution, particularly from stubble...

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NASIMA NAQI vs. TODI TEA COMPANY LTD.

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1150 SC

Headnote :

NASIMA NAQI against TODI TEA COMPANY LTD.

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GURJIT SINGH vs. STATE OF PUNJAB

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1151 SC

Dowry Prohibition Act, 1961
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 304B. Dowry death
IPC Section 306. Abetment of suicide
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

CRUCIALAbetment of suicide - A person found guilty of an offense under Section 498A of the IPC cannot be automatically deemed guilty of an offense under Section 306 of the IPC.A. Indian Penal Code, 1860, Sections 306 and 498A - Evidence Act, 1872 Section 113A - Cruelty - Abetment of suicide - Just b...

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V. RAJARAM vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1152 SC

Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
IPC Section 221. Intentional omission to apprehend on the part of public servant bound to apprehend

Shafhi Mohammad Vs. The State of Himachal Pradesh [January 30, 2018]
Shafhi Mohammad Vs. The State of Himachal Pradesh [3rd April, 2018]
Anvar P.V. Vs. P.K. Basheer and others [September 18, 2014]

Headnote :

The Indian Penal Code of 1860, specifically Sections 217 and 221, along with Section 6 of the Delhi Special Police Establishment Act of 1946, addresses the issue of a public servant who disobeys legal directives with the intention of shielding an individual from punishment or preventing the forfeitu...

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KARNATAKA STATE POLLUTION CONTROL BOARD vs. B. HEERA NAIK

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1153 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 29. Sentences, which Magistrates may pass
CrPC Section 482. Saving of inherent power of High Court
Karnataka Municipal Corporations Act, 1976
Karnataka Municipalities Act, 1964
M.P. Accommodation Control Act, 1961
Negotiable Instruments Act, 1881
NI Act, Section 141. Offences by companies
Water (Prevention and Control of Pollution) Act, 1974

Ramana Dayaram Shetty Vs. The International Airport Authority of India & Ors [1979] INSC 111 (4 May 1979)

Headnote :

IMPORTANTCity Municipal Council or Corporation may face prosecution under Section 47 of the Water (Prevention and Control of Pollution) Act.A. According to Section 48 of the Water (Prevention and Control of Pollution) Act, 1974, and Section 10 of the Karnataka Municipalities Act, 1964, it must be de...

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PERKINS EASTMAN ARCHITECTS DPC vs. HSCC (INDIA) LIMITED

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1154 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948
Income Tax Act, 1961

Headnote :

CRUCIALA party with a vested interest in the dispute or its resolution is not qualified to appoint a sole arbitrator.According to Section 11(6) of the Arbitration and Conciliation Act, 1996, a sole arbitrator cannot be appointed by a party, official, or authority that has an interest in the dispute...

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