Caselaw | Supreme Court Judgements of november 2019

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SHIV SENA vs. UNION OF INDIA

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1155 SC

Constitution of India

Headnote :

CRUCIALInstructions for an immediate floor test to determine if the respondent holds a majority in the Maharashtra Assembly.According to Article 32 of the Constitution of India, 1950, regarding the appointments of Constitutional Functionaries - Floor test - Instructions - No political party currentl...

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UNION OF INDIA vs. P.S.GILL

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1156 SC

Air Force Act, 1950
Armed Forces Tribunal Act, 2007
Army Act, 1950
Army Rules, 1954
Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Navy Act, 1957

Headnote :

IMPORTANTThe order convening a General Court Martial can be contested in an appeal before the Armed Forces Tribunal.According to the Armed Forces Tribunal Act, 2007, specifically Sections 3(o), 14, and 15, the AFT has jurisdiction over matters related to General Court Martial. Conditions of service...

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VINOD KUMAR GARG vs. STATE (GOVERNMENT OF NATIONAL CAPITAL OF DELHI)

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1157 SC

Prevention of Corruption Act, 1988

Headnote :

IMPORTANTProsecution Sanction - An error, omission, or irregularity in the sanction process is not deemed fatal unless it leads to a failure of justice.IMPORTANTInvestigation - Any defect or irregularity in the investigation, regardless of its severity, does not affect the competence or procedures r...

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CENTURY RAYON LIMITED vs. IVP LIMITED

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1158 SC

Electricity Act, 2003
Indian Penal Code, 1860 (IPC)
Indian Telegraph Act, 1885

Headnote :

The Electricity Act of 2003, Section 14, and the Indian Telegraph Act of 1885, Sections 10 and 16(1) to 16(4) pertain to the erection of electric towers. In this case, the plaintiff requested an interim injunction on the basis that MSEDC was excavating his land to construct an electricity tower. The...

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M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED vs. NORTHERN COAL FIELD LIMITED

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1159 SC

Arbitration and Conciliation Act, 1996

Itw Signode India Ltd. Vs. Collector of Central Excise [2003] INSC 576 (19 November 2003)
Itw Signode India Ltd. Vs. Collector of Central Excise [1960] INSC 220 (24 November 1960)

Headnote :

IMPORTANTThe issue of limitation is a jurisdictional matter that cannot be assessed when considering an application for the appointment of an arbitrator; it must be resolved by the Arbitral Tribunal.A. Under the Arbitration and Conciliation Act, 1996, Sections 11 and 16(1), regarding the appointment...

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HINDUSTAN CONSTRUCTION COMPANY LIMITED vs.UNION OF INDIA

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1160 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation (Amendment) Act, 2019
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
General Clauses Act, 1897
Limited Liability Partnership Act, 2008
National Highways Act, 1956
National Highways Act, 1956
National Highways Authority of India Act, 1988

Bhubaneshwar Singh Vs. Union of India [1994] INSC 371 (14 July 1994)
Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)
Krishna Chandra Gangopadhyaya Vs. Union of India & Ors [1975] INSC 98 (18 April 1975)
Udai Ram Sharma & Ors Vs. Union of India & Ors [1968] INSC 33 (7 February 1968)

Headnote :

IMPORTANTStatutory Government bodies are exempt from proceedings under the Insolvency and Bankruptcy Code.A. According to Section 3(7) of the Insolvency and Bankruptcy Code, 2016, statutory bodies are exempt from the provisions of the IB Code. These bodies act as an extension of the Central Governme...

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RAMPHAL VS. STATE OF HARYANA

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1161 SC

Headnote :

CRUCIALIn rape cases, any compromise between the accused and the victim holds no significance in the determination of the case.According to the Criminal Procedure Code of 1973, Section 357, and the Indian Penal Code of 1860, Section 376, which pertains to rape compensation for the victim - the victi...

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SIDDAMRAMAPPA vs. SIDDAPPA

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1162 SC

Headnote :

According to Rule 17 of the Karnataka Land Reforms Rules, 1974, the appellant asserted ownership of the land based on a purchase, while the respondent, claiming to be a tenant cultivating the disputed land, submitted an application in Form No. 7 to the land Tribunal. The Tribunal dismissed the respo...

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R.R. INAMDAR vs. STATE OF KARNATAKA

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1163 SC

Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994

Headnote :

IMPORTANTReservations cannot be made for a single post.According to Article 16(4) of the Constitution of India, 1950, the rule regarding the applicability of reservations states that reservations cannot be applied to a solitary post. For the rule of reservation to be applicable within a cadre, there...

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JIT RAM NOW DECEASED THROUGH LRS vs. SATNAM SINGH

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1164 SC

Headnote :

Adverse possession - The plaintiff initiated a lawsuit to gain possession of land currently held by the defendant. The defendant asserted that they had established title through adverse possession. However, the construction on the land was built by the defendant with the original owner\'s consent, i...

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TAMILNADU RURAL DEVELOPMENT ENGINEERS AND ASSISTANT ENGINEERS ASSOCIATION vs. GOVERNMENT OF TAMILNADU AND OTHERS

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1165 SC

Headnote :

The Constitution of India, 1950, Article 136, addresses the revision of pay scales. The 6th Central Pay Commission proposed specific pay scales for various positions, which were then evaluated by an Official Committee of the State that made recommendations accepted by the Government. Subsequently, a...

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ODISHA FOREST DEVELOPMENT CORPORATION LTD. vs. M/S ANUPAM TRADERS

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1166 SC

South Eastern Coalfields Ltd. Vs. State of M.P. & Ors [2003] INSC 404 (25 August 2003)

Headnote :

The Constitution of India, 1950, Article 226 - Orissa Public Demand Recovery Act, 1962 - Tender for Kendu Leaf - Failure to provide Additional Security - Tender canceled at the \"cost and risk\" of the Respondent - No extension granted for depositing Additional Security - Respondent approached the H...

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ASSAM PUBLIC SERVICE COMMISSION vs. PRANJAL KUMAR SARMA

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1167 SC

Constitution of India

Headnote :

IMPORTANTSelection process - Changing the rules mid-way - It is not permissible to alter the method of selection during the process by introducing a new procedure.According to Article 320 of the Constitution of India, 1950, and the Assam Public Service Commission (Procedure and Conduct of Business)...

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JAI PRAKASH vs. STATE OF UTTAR PRADESH

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1168 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 302. Punishment for murder

Headnote :

CRUCIALAny actions or failures to act by the Investigating Officer cannot benefit the Accused.A. Indian Penal Code, 1860 Sections 302 and 120B - Murder and Criminal Conspiracy - Acquittal - The victim was attacked by the accused with a country-made pistol and a single-barrel gun while returning from...

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TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED vs. M/S. RAIN CALCINING LIMITED

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1169 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity Act, 2003
Electricity Regulatory Commission Act, 1998
Electricity Regulatory Commissions Act, 1998
Electricity Regulatory Commissions Act, 1998

Headnote :

A. According to Section 15 of the Andhra Pradesh Electricity Reforms Act, 1998, the Andhra Pradesh Electricity Regulatory Commission has the authority to determine wheeling charges. The calculation of these charges for electricity transmitted by generators to their designated consumers should solely...

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M/S. ALKEM LABORATORIES LTD. vs. STATE OF MADHYA PRADESH

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1170 SC

Criminal Procedure Code, 1973
CrPC Section 482. Saving of inherent power of High Court
Insecticides Act, 1968
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954
Seeds Act, 1966

Headnote :

IMPORTANTIn cases where the examination of food article contents is essential for establishing the offence of \'misbranding\', the vendor of the misbranded food article also has the right to have a sample tested.A. According to the Prevention of Food Adulteration Act, 1954, Sections 2(ia)(a) and 2(i...

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JODHRAJ vs. STATE OF RAJASTHAN

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1171 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 379. Punishment for theft

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 in conjunction with Section 149, addresses murder and unlawful assembly. The conviction of the accused was primarily based on the testimonies of alleged eyewitnesses, with no additional evidence linking the accused to the crime. Given the lack...

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FOOD CORPORATION OF INDIA vs. PRATAP KUNDU

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1172 SC

Headnote :

The Constitution of India, 1950, Article 136, addresses contract labor and wage payments. A labor contractor sought payment that was 471% higher than the Approved Standard of Rates (A.S.O.R). However, wages for casual laborers were mandated to be paid according to a previous Supreme Court order in a...

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UNION OF INDIA vs. RAMESH BISHNOI

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1173 SC

Indian Penal Code, 1860 (IPC)
IPC Section 509. Word, gesture or act intended to insult the modesty of a woman
Juvenile Justice (Care and Protection of Children) Act, 2015

Headnote :

IMPORTANTAppointment - Offence committed as a minor - No basis to deny appointment - Even if a juvenile is convicted, such conviction should be erased to prevent any stigma related to crimes committed during childhood.A. Appointment - Criminal case - It is acknowledged that the respondent was a mino...

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P. GOPALKRISHNAN @ DILEEP vs. STATE OF KERALA

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1174 SC

Constitution of India
CrPC Section 207. Supply to the accused of copy of police report and other documents
CrPC Section 208. Supply of copies of statements and documents to accused in other cases triable by court of Session
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 29.Document
IPC Section 376E.Punishment for repeat offenders

Headnote :

IMPORTANTPen drives and memory cards are considered documents - The Magistrate is obligated to provide the accused with the documents submitted by the Investigating Officer along with the Police Report. However, the Magistrate may only withhold documents that he deems to be voluminous.IMPORTANTElect...

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ABDUL SATTAR vs. STATE OF UTTAR PRADESH

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1175 SC

Headnote :

IMPORTANTThe fact that a victim of rape is accustomed to sexual activity cannot serve as a valid defense against the crime of rape.According to Article 136 of the Constitution of India, 1950 - Regarding the granting of bail - An appeal concerning a rape case involving a young girl - The High Court t...

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SALMAN KHAN vs. STATE OF GUJARAT

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1176 SC

Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTAll criminal cases against Salman Khan related to the film Loveyatri have been dismissed.According to Article 32 of the Constitution of India, 1950, the petitioner expressed concern that despite the film \"Loveyatri - a journey of love\" receiving certification from the Central Board of Fil...

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UNION OF INDIA vs. WING COMMANDER S.P.RATHORE

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1247 SC

Headnote :

A. According to the Defence Service Regulations Pension Regulations for the Air Force, 1961, specifically Regulations 37(a) and (b), a disability pension is not granted for disabilities rated below 20%. Since the disability in question is less than 20% and was aggravated by service in the Air Force,...

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