Caselaw | Supreme Court Judgements of october 2019

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UNION OF INDIA vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 887 SC

Constitution of India
CrPC Section 438. Direction for grant of bail to person apprehending arrest
Indian Penal Code, 1860 (IPC)
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

IMPORTANTSC/ST Act - The decision to arrest a public servant does not fall under the jurisdiction of the Appointing Authority.IMPORTANTSC/ST Act - In the absence of provisions for Anticipatory Bail, the requirement for approval from the SSP cannot be considered a prerequisite; no legislative guideli...

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DIST.COLLECTOR SATARA vs. MANGESH NIVRUTTI KASHID

Citation : 2019 Latest Caselaw 888 SC

Constitution of India
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste

Bandhua Mukti Morcha Vs. Union of India & Ors [1991] INSC 190 (13 August 1991)
Bandhua Mukti Morcha Vs. Union of India & Ors [1983] INSC 206 (16 December 1983)

Headnote :

IMPORTANTThe state government has been instructed to reverify caste certificates that were allegedly obtained without proper vigilance reports and in a very short timeframe, specifically those issued between July 30, 2011, and August 31, 2012.A. According to Section 6(1) of the Maharashtra Scheduled...

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SUDAM vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 889 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder

Headnote :

IMPORTANTIn cases where the death penalty is imposed based on circumstantial evidence, the principle of caution must be applied.A. Constitution of India, 1950 Article 137 Indian Penal Code, 1860 Sections 302 and 201 Review - Re-evaluation of evidence - The reference to \"additional grounds\" in the...

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SATISH UKEY vs. DEVENDRA GANGADHARRAO FADNAVIS

Citation : 2019 Latest Caselaw 890 SC

Conduct of Elections Rules, 1961
Constitution of India
CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 177. Furnishing false information
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 500. Punishment for defamation
Representation of the People (Third Amendment) Act, 2002
Representation of the People Act, 1951

Headnote :

IMPORTANTIt is mandatory for candidates contesting elections to disclose information not only about cases where charges have been framed but also about cases where the Court has taken cognizance.A. According to Sections 33A and 125A of the Representation of The People Act, 1951, and Rule 4A of the C...

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MOHINDER KAUR vs. SANT PAUL SINGH

Citation : 2019 Latest Caselaw 891 SC

Headnote :

IMPORTANTA power of attorney holder is not permitted to testify on behalf of the principal regarding matters that require personal knowledge exclusive to the principal, and for which the principal has the right to be cross-examined.IMPORTANTThe absence of satisfaction regarding the notification of p...

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EX CFN NARSINGH YADAV vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 924 SC

Controller of Defence Accounts (Pension) & Ors Vs. S. Balachandran Nair [2005] Insc 580 (21 October 2005)

Headnote :

According to the Army Regulations of 1961, specifically Regulations 173 and 423, as well as the Entitlement Rules for Casualty Pensionary Awards of 1982, Rules 5 and 14(a), the case involves a disability pension claim. The appellant was discharged from the Army due to non-suitability stemming from a...

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SATISH KUMAR vs. STATE OF HARYANA

Citation : 2019 Latest Caselaw 925 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Indian Penal Code, 1860 Section 302 Murder - There are inconsistencies between the dying declaration, the medico-legal report, and the post-mortem report. Additionally, there were contradictions during the cross-examination of the doctor regarding whether the injury in question was sufficient to cau...

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AIR COMMDORE NAVEEN JAIN vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 926 SC

Armed Forces Tribunal Act, 2007
Constitution of India

Ashok Kumar Vs. State of Bihar & Ors [2008] INSC 782 (2 May 2008)
Vasu Dev Singh & Ors Vs. Union of India & Ors [2006] Insc 748 (7 November 2006)

Headnote :

Promotion - The criteria for promotion to the rank of Air Vice Marshal is determined by the Air Force\'s policy, which applies to all officers within the consideration zone. This policy is based on the principles of \"merit-cum-seniority\" or \"seniority-cum-merit,\" and promotions are made accordin...

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OKHLA ENCLAVE PLOT HOLDERS' WELFARE ASSOCIATION vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 927 SC

Arbitration and Conciliation Act, 1996
Constitution of India
Haryana Development and Regulation of Urban Areas Act, 1975
Haryana Development and Regulation of Urban Areas Rules, 1976

Headnote :

A. Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3 and 8 - License - Direction requested by Arbitrator - The Respondent Coloniser acquired land for large-scale settlement and obtained seven colonisation licenses. A dispute arose concerning the amounts owed by allottees to the...

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M.RAMALINGAM vs. STATE REPRESENED BY INSPECTOR OF POLICE SBE/CBI/ACB, MADRAS

Citation : 2019 Latest Caselaw 928 SC

Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record
Prevention of Corruption Act, 1988

Headnote :

Under the Prevention of Corruption Act, 1988, Sections 13(2) in conjunction with Section 13(1)(d), and the Indian Penal Code, 1860, Sections 120B, 467, 471, 420, and 477A, it was determined that there was sufficient evidence against the primary accused to establish a conspiracy to defraud the bank b...

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SMT. KASTURIBAI SUKHARAM KHANDELWAL TRUST vs. INDORE DEVELOPMENT AUTHORITY

Citation : 2019 Latest Caselaw 929 SC

Constitution of India

Headnote :

According to Section 58 in conjunction with Section 86 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, the Appellant Trust applied for land allotment following an advertisement that invited applications. However, the respondent trust did not submit an application in response to the ad...

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ORIENTAL INSURANCE CO.LTD vs. M/S TEJPARAS ASSOCIATES

Citation : 2019 Latest Caselaw 930 SC

Arbitration and Conciliation Act, 1996

Headnote :

IMPORTANTArbitration - Section 14 of the Limitation Act is Applicable if the Initial Section 34 Petition was Filed Timely.A. Under the Arbitration and Conciliation Act, 1996, Section 34 of the Limitation Act, 1963, Section 14 - Challenge to Award - Exclusion of Time Spent in a Court Lacking Jurisdic...

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RAJASTHAN STATE ROAD TRANSPORT COROPORATION vs. DANISH KHAN

Citation : 2019 Latest Caselaw 931 SC

Constitution of India
Motor Vehicles Act, 1988

Headnote :

A. Constitution of India, 1950 Article 14 Rule Validity - Test - While Article 14 prohibits class legislation, it does allow for reasonable classification for legislative purposes. When a rule or statutory provision is challenged on the basis of violating Article 14, its validity can be upheld if it...

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IC 29547 L BOBBY JOSEPH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 932 SC

Headnote :

According to the Armed Forces Tribunal Act, 2007, Sections 30 and 31, the pension applicable to a Lt. Colonel was denied to the appellant because he was short of the required 21 years of service by just 30 days. However, it was established that the appellant had actually completed 22 years, 1 month,...

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M/S MADHOOR BUILDWELL PVT. LTD vs. YEOLA MUNICIPAL COUNCIL

Citation : 2019 Latest Caselaw 933 SC

Headnote :

Urban Infrastructure Development Scheme for Small and Medium Towns - Fund Disbursement - The Municipal Council has issued a public tender for the contract to lay sewer lines without the Central Government\'s approval of funds. Under this scheme, 80% of the funding is provided by the Central Governme...

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RAVI SETIA vs. MADAN LAL

Citation : 2019 Latest Caselaw 934 SC

Code of Civil Procedure, 1908 (CPC)
Specific Relief Act, 1963

Headnote :

A. Under Section 16(c) of the Specific Relief Act, 1963, regarding the specific performance of a contract to sell, the plaintiffs based their claim of readiness and willingness on a certificate from the Sub-Registrar, which confirmed their presence. However, aside from this certificate, the plaintif...

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PRUTHVIRAJSINH N JADEJA(D) BY LRS vs. JAYESHKUMAR CHHAKADDASM SHAH

Citation : 2019 Latest Caselaw 935 SC

Code of Civil Procedure, 1908 (CPC)
Transfer of Property Act, 1882

Headnote :

IMPORTANTThe failure to cite the correct provision is not detrimental to the application if the Court has the authority to issue the order.A. Civil Procedure Code, 1908, Order 1, Rule 10 and Order 22, Rule 10 - Land Purchaser - Inclusion as plaintiff - The original owner of the land allegedly sold i...

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C/M KISAN INTER COLLEGE MANAGER vs. STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 936 SC

Headnote :

Service Regularization - The inquiry report and management\'s endorsement in their correspondence confirm that the respondent was employed from 1985 to 1995, making him eligible for regularization as an LT Grade Teacher. The order for regularization is therefore upheld.[Para 10]

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RAJ KUMAR vs. STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 937 SC

Constitution of India
Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

IMPORTANTFood Adulteration - A slight deviation from the established standard cannot be overlooked.A. Prevention of Food Adulteration Act, 1954 Section 13(2) Adulteration in Milk - The argument of a minor shortfall in Milk Solid Non-Fat is insufficient. If the standards are not met, the Court cannot...

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FAINUL KHAN vs. STATE OF JHARKHAND

Citation : 2019 Latest Caselaw 938 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting

Headnote :

A. Criminal Procedure Code, 1973 Section 464 Indian Penal Code, 1860 Sections 323, 302 r/w 149 and 147 Failure to frame charge - Implications - The appellants were fully aware that six of them faced charges for common assault under Sections 302/149 and 323/149 due to their shared objective. They als...

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NUSLI NEVILLE WADIA vs. IVORY PROPERTIES

Citation : 2019 Latest Caselaw 939 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure (Maharashtra Amendment) Act, 1977
Code of Civil Procedure, 1908 (CPC)
Haryana Panchayati Raj Act, 1994
Limitation Act, 1963

Gunwantbhai Mulchand Shah & Ors Vs. Anton Elis Farel & Ors [2006] Insc 112 (6 March 2006)
Narne Rama Murthy Vs. Ravula Somasundaram & Ors [2005] INSC 420 (17 August 2005)

Headnote :

IMPORTANTThe question of limitation cannot be resolved as a preliminary issue under Section 9A of the CPC, as amended by the Maharashtra Amendment in 1977.A. Jurisdiction - Definition - Clarified.[Paras 16 to 18]B. Civil Procedure Code, 1908 Section 9 - Jurisdiction - Definition - The term jurisdict...

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KANTILAL vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 940 SC

Dowry Prohibition Act, 1961
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt

Headnote :

Indian Penal Code, 1860 Sections 498A, 306, 323, and 149; Dowry Prohibition Act, 1961 Sections 3 and 4 - Conviction - The only overt act attributed to the appellant, the father-in-law, is that he allegedly physically assaulted the deceased on two occasions. This claim is mentioned in the FIR. The fa...

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RAVISHANKAR @ BABA VISHWAKARMA vs. STATE OF MADHYA PRADESH

Citation : 2019 Latest Caselaw 941 SC

CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 363. Punishment for kidnapping

Headnote :

IMPORTANTCommutation of Death Penalty - Utilizing \'residual doubt\' as a mitigating factor would effectively elevate the standard of proof required for imposing a death sentence, a benefit that would not only be available to the innocent.A. Indian Penal Code, 1860 Section 366A - In a case involving...

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VIRUDHUNAGAR HINDU NADARGAL DHARMA PARIBALANA SABAI vs. TUTICORIN EDUCATIONAL SOCIETY

Citation : 2019 Latest Caselaw 942 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

IMPORTANTThe existence of an appellate remedy before the Civil Court should be interpreted as a significant barrier to invoking the supervisory jurisdiction of the High Court.A. Constitution of India, 1950 Article 227; Civil Procedure Code, 1908, Order 43, Rule 1 (r) - The presence of an alternative...

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STATE OF WEST BENGAL vs. CALCUTTA CLUB LIMITED

Citation : 2019 Latest Caselaw 943 SC

Central Sales Tax Act, 1956
Constitution of India
Finance Act, 1996
Finance Act, 2003
Finance Act, 2005
Finance Act, 2006
Finance Act, 2007
Finance Act, 2008
Government of India Act, 1935
Income Tax Act, 1961
Indian Contract Act, 1872
Industrial Disputes Act, 1947
Sale of Goods Act, 1930
Societies Registration Act, 1860

Federation of Hotel and Restaurant Associations of India Vs. Union of India and Ors. [December 12, 2017]
Northern India Caterers (India) Ltd. Vs. Lt. Governor of Delhi [1979] INSC 275 (21 December 1979)
Northern India Caterers (India) Ltd. Vs. Lt. Governor of Delhi [1978] INSC 158 (7 September 1978)

Headnote :

IMPORTANTIncorporated Clubs are exempt from GST - The doctrine of mutuality applies to these clubs - Services rendered to members of Incorporated Clubs are not subject to Service Tax.A. Article 366(29-A)(e) of the Constitution of India, 1950 - West Bengal Sales Tax Act, 1994, Sections 2(10) and 9 -...

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RAVI GHUMARE vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 944 SC

Criminal Procedure Code, 1973
CrPC Section 43. Arrest by private person and procedure on such arrest
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 363. Punishment for kidnapping
IPC Section 376. Punishment for rape
IPC Section 377. Unnatural offences [Declared Unconstitutional by Supreme Court]

Mohinder Singh Vs. The State [1950] INSC 26 (17 October 1950)

Headnote :

IMPORTANTThe rape and murder of a child victim - An offense committed under the influence of alcohol cannot be classified as premeditated.Rohinton Fali Nariman and Surya Kant, JJ.A. Indian Penal Code, 1860 Sections 302, 363, 376 and 377; Protection of Children from Sexual Offences Act, 2012 Section...

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AMBALAL SARABHAI ENTERPRISES LTD vs. K.S. INFRASPACE LLP

Citation : 2019 Latest Caselaw 945 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Commercial Courts Act, 2015
Constitution of India
Designs Act, 2000
Patents Act, 1970

Headnote :

IMPORTANTA commercial dispute regarding an agreement related to immovable property arises only when the property is actively utilized for commercial purposes.According to Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 - Immovable property - A commercial dispute concerning immovable property...

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KERALA STATE BEVERAGES (M AND M) CORP LTD vs. P P SURESH

Citation : 2019 Latest Caselaw 946 SC

Constitution of India

Kerala Samsthana Chethu Thozhilali Union Vs. State of Kerala & Ors [2006] Insc 152 (24 March 2006)
Punjab Communications Ltd. Vs. Union of India & Ors [1999] INSC 180 (4 May 1999)

Headnote :

IMPORTANTWhen a promise is made by an authority, it is reasonable for individuals to expect that the authority will not act against that promise. However, the authority\'s ability to modify policies in the public interest should not be restricted by the principle of substantive legitimate expectatio...

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RAMESH NIVRUTTI BHAGWAT vs. SURENDRA MANOHAR PARAKHE

Citation : 2019 Latest Caselaw 947 SC

Code of Civil Procedure, 1908 (CPC)
Indian Succession Act, 1925
Limitation Act, 1963

Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur & Ors [2008] INSC 573 (3 April 2008)

Headnote :

IMPORTANTCancellation of Probate - Article 137 of the Limitation Act is relevant to these proceedings.According to Section 263 of the Indian Succession Act, 1925, and Article 137 of the Limitation Act, 1963, the cancellation of probate proceedings falls under Article 137 of the Limitation Act. This...

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YATINKUMAR JASUBHAI PATEL vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 948 SC

Constitution of India
Gujarat University Act, 1949
Indian Medical Council Act, 1956

Saurabh Chaudri & Ors Vs. Union of India & Ors [2003] INSC 471 (25 September 2003)
Saurabh Chaudri & Ors Vs. Union of India & Ors [2003] INSC 551 (4 November 2003)
Gujarat University Vs. Rajiv Gopinath Bhatt & Ors [1996] INSC 639 (1 May 1996)
Dr. Pradeep Jain Vs. Union of India & Ors [1984] INSC 115 (22 June 1984)

Headnote :

IMPORTANTInstitutional Preference for admission to Post Graduate Courses remains valid even after the implementation of NEET.A. According to Regulation 9 of the Post Graduate Medical Education Admission Regulations, 2000, under Section 10D of the Indian Medical Council Act, 1956, institutional prefe...

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R.SRINIVAS KUMAR vs. R.SHAMETHA

Citation : 2019 Latest Caselaw 949 SC

Constitution of India
Hindu Marriage Act, 1955

Sukhendu Das Vs. Rita Mukherjee [OCTOBER 09, 2017]
K. Srinivas Rao Vs. D.A. Deepa [february 22, 2013]
Darshan Gupta Vs. Radhika Gupta [July 1, 2013]
Samar Ghosh Vs. Jaya Ghosh [2007] Insc 331 (26 March 2007)
Naveen Kohli Vs. Neelu Kohli [2006] Insc 135 (21 March 2006)
Sanghamitra Ghosh Vs. Kajal Kumar Ghosh [2006] Insc 825 (20 November 2006)

Headnote :

IMPORTANTIn cases where one party does not consent, the powers granted under Article 142 of the Constitution may be utilized to achieve substantial justice by providing relief in the form of divorce.A. Constitution of India, 1950 Article 142; Hindu Marriage Act, 1955 Sections 13(1)(ia) and 13(1)(ib)...

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THE STATE OF ARUNACHAL PRADESH vs. RAMCHANDRA RABIDAS @ RATAN RABIDAS

Citation : 2019 Latest Caselaw 950 SC

Constitution of India
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 177. Furnishing false information
IPC Section 188. Disobedience to order duly promulgated by public servant
IPC Section 279. Rash driving or riding on a public way
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 328. Causing hurt by means of poison, etc., with intent to commit an offence
IPC Section 338. Causing grievous hurt by act endangering life or personal safety of others
IPC Section 5. Certain laws not to be affected by this Act
Motor Vehicles Act, 1939
Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]
Alister Anthony Pareira Vs. State of Maharashtra [January 12, 2012[
Naresh Giri Vs. State of M.P. [2007] Insc 1132 (12 November 2007)
State of Karnataka Vs. Sharanappa Basanagouda Aregoudar [2002] INSC 161 (21 March 2002)
M.K. Kunhimohammed Vs. P.A. Ahmedkutty & Ors [1987] INSC 237 (1 September 1987)

Headnote :

NOTICETraffic violations or motor vehicle offenses can be prosecuted under both the Indian Penal Code (IPC) and the Motor Vehicles Act.Indian Penal Code, 1860 Sections 304 Part II, 304A, 337, and 338 - Motor Vehicles Act, 1988 Sections 183, 184, 185, 187, 208, and 209. The question arises whether tr...

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DUNCANS INDUSTRIES LTD vs. A.J. AGROCHEM

Citation : 2019 Latest Caselaw 951 SC

Central Excise Act, 1944
Companies Act, 2013
Customs Act, 1962
Income Tax Act, 1961
Indian Partnership Act, 1932
Indian Partnership Act, 1932
Limited Liability Partnership Act, 2008
Payment and Settlement Systems Act, 2007
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Sick Industrial Companies (Special Provisions) Repeal Act, 2003
Tea Act, 1953

Headnote :

IMPORTANT\"The \"Corporate Insolvency Resolution Process\" should not be confused with \"Winding Up Proceedings\".A. According to Section 9 of the Insolvency and Bankruptcy Code, 2016 and Section 16G(1)(c) of the Tea Act, 1953 - Regarding the initiation of the corporate insolvency resolution process...

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VIDHI HIMMAT KATARIYA vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 952 SC

Constitution of India

Headnote :

IMPORTANTIndividuals with disabilities - Quota for admission to medical courses - Relevant essential eligibility criteria must be met for petitioners to be considered for admission under the PwD quota.A. Right of Persons with Disabilities Act, 2016, Section 32 - Admission to MBBS - Disability quota...

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KRISHNA DEVI MAHESHWARI vs. SURENDRA SUREKHA

Citation : 2019 Latest Caselaw 953 SC

Headnote :

IMPORTANTRent and Eviction - High Court ruling that no party should seek unnecessary adjournments - Order upheld.U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 21(i)(a) - Eviction petition based on genuine need - Unwarranted adjournments - Landlord\'s complaint re...

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ORIENTAL BANK OF COMMERCE AND ORS vs. JANAK RAJ SHARMA

Citation : 2019 Latest Caselaw 954 SC

Headnote :

IMPORTANTIntroduction of Pension Scheme - The option must be exercised by the specified deadline; otherwise, it will not be considered final.Circular - Introduction of Pension Scheme - Cut-off Date - Respondents were permitted to submit their applications for the pension scheme on the basis that the...

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THE GOVERNMENT OF ANDHRA PRADESH vs. GRACE SATHYAVATHY SHASHIKANT

Citation : 2019 Latest Caselaw 955 SC

Constitution of India

Headnote :

According to Article 142 of the Constitution of India, 1950, regarding the location of land, proceedings under the Land Ceiling and Regulation Act of 1976 resulted in land being transferred to Andhra Prabha. The land allocated was actually situated in Survey No. 129/45/D. Initially, a survey indicat...

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BRIJESH KUMAR vs. SHARDABAI(DEAD) BY LRS

Citation : 2019 Latest Caselaw 956 SC

Headnote :

A. Madhya Pradesh Land Revenue Code, 1959, Sections 114 and 115 - Adverse possession - Declaration suit - Original owner sold land to a buyer - The plaintiff asserted adverse possession based on the Khasara entry for 1960-61 - It was determined that the red ink entry regarding the accuracy of the Kh...

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MANTU KUMAR vs. STATE OF JHARKHAND

Citation : 2019 Latest Caselaw 957 SC

Headnote :

Marks allocation - There is no disregard for the directives given by the High Court - Therefore, the cases of the petitioners will be evaluated whenever future selections occur - Petitioners are eligible for age relaxation and a significant weightage of 90 marks.[Paras 7 and 8]

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SUNIL KOHALI vs. PUREARTH INFRASTRUCTURE LTD.

Citation : 2019 Latest Caselaw 958 SC

Headnote :

According to Sections 2(1)(b)(i) and 23 of the Consumer Protection Act, 1986, the question arises whether the complainants booked the premises with the intention of self-employment or personal use. The affidavit of evidence indicates that the complainants intended to sell their property in Denmark a...

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YUSUF JAMIR KAZI vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 959 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

Article 136 of the Constitution of India, 1950 and Sections 420 and 506 of the Indian Penal Code, 1860 Cancellation of anticipatory bail - Overturning of order - The High Court had granted anticipatory bail to the petitioners based on the parties\' statement that they had amicably resolved the issue...

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ARUNA vs. MUKUND

Citation : 2019 Latest Caselaw 960 SC

Headnote :

CRUCIALMedical Negligence - The Trial Court must assess a Medical Expert prior to establishing charges.Indian Penal Code, 1860, Section 304A - Medical negligence - Expert examination - Case concerning the administration of Lariago - No medical expert has been evaluated by the lower courts - To deter...

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BALBIR SINGH vs. STATE OF PUNJAB

Citation : 2019 Latest Caselaw 961 SC

Indian Penal Code, 1860 (IPC)

State of Rajasthan Vs. Shobha Ram [January 16, 2013]

Headnote :

Indian Penal Code, 1860 Section 302 in conjunction with Section 149 - Murder - Unlawful assembly - Accused No. 1 held a grudge against the deceased due to the killing of his brother - Accused No. 2 is not related to Accused No. 1 - No motive was established for Accused No. 2 - Accused No. 2 did not...

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INDERDEV PRASAD SINGH vs. STATE (GNCT OF DELHI )

Citation : 2019 Latest Caselaw 962 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)

Headnote :

NOTICESummoning Order - A Magistrate may issue a summoning order when new evidence is presented.Criminal Procedure Code, 1973, Section 482 - Indian Penal Code, 1860, Sections 498A and 406 - Summoning of accused individuals without new evidence from the complainant - The appellants are the complainan...

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ADMINSTRATOR SMT. TARA BAI DESAI CHARITABLE OPTHALMIC TRUST HOSPITAL, JODHPUR vs. MANAGING DIRECTOR INDIA PVT. LTD.

Citation : 2019 Latest Caselaw 963 SC

Gujarat Agricultural Lands Ceiling Act, 1960
Societies Registration Act, 1860

Kalpavruksha Charitable Trust Vs. Toshniwal Brothers (Bombay) [1999] INSC 383 (12 October 1999)

Headnote :

Section 2(1)(m) of the Consumer Protection Act, 1986 - Consumer Complaint by Trust - Maintainability - A \"trust\" may fall under the definition of \"person\" as per the Act. The definition of \"person\" includes even unregistered firms, which may have certain legal limitations, but are still permit...

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ANUJ CHATURVEDI vs. JYOTI

Citation : 2019 Latest Caselaw 964 SC

Headnote :

According to Section 7 of the Guardian and Wards Act, 1890 - Regarding child custody and visitation rights - The Court chose not to intervene in the decision that awarded custody of the child to the mother. Nevertheless, the Court permitted the petitioner to seek an increase in his visitation rights...

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DURGAWATI DEVI vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 965 SC

Constitution of India

Headnote :

IMPORTANTThe High Court is not authorized, under Article 226 of the Constitution of India, to modify the terms and conditions of a tender notice.According to Article 226 of the Constitution of India, 1950, regarding the relaxation of tender terms - The High Court\'s authority - A petitioner applied...

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RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)

Citation : 2019 Latest Caselaw 966 SC

Headnote :

IMPORTANTThe Supreme Court has put a hold on tree-felling at Aarey until October 21, but 98% of the trees have already been cut down.According to Article 32 of the Constitution of India, 1950, regarding the Aarey tree felling issue, the Solicitor General for the State has confirmed that no additiona...

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THE STATE OF UTTARAKHAND vs. S.K. SINGH

Citation : 2019 Latest Caselaw 967 SC

Constitution of India

Headnote :

IMPORTANTAccelerated promotion based on higher educational qualifications is legally valid.A. According to Articles 14 and 16 of the Constitution of India, 1950, and Rule 16 of the Uttaranchal Service of Engineers (Irrigation Department) (Group \'B\') Rules 2003, promotions to higher positions may f...

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THE STATE OF MADHYA PRADESH vs. SABAL SINGH (DEAD) BY LRS

Citation : 2019 Latest Caselaw 968 SC

Constitution of India
Madhya Pradesh Land Revenue Code, 1959
Rajasthan Tenancy Act, 1955

Headnote :

IMPORTANTThe \'Bir\' land is claimed based on the assertion that the plaintiff\'s predecessors were permanent tenants who obtained Bhumiswami rights. It is noted that grass grows naturally on \'Bir\' land without any cultivation effort. Therefore, this land should have been classified as Khud-kasht...

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