Caselaw | Supreme Court Judgements of october 2019

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SHIVKUMAR vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 969 SC

Hindu Succession Act, 1956
Indian Succession Act, 1925
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 53A. TPA Part performance.
Supreme Court Rules, 2013

Gian Chand Vs. Gopala & Ors [1995] INSC 66 (18 January 1995)
Yadu Nandan Garg Vs. State of Rajasthan & Ors [1995] INSC 602 (1 November 1995)

Headnote :

IMPORTANTA buyer of land after the notification of acquisition cannot contest the acquisition on any grounds.IMPORTANTNo rights or interests in the land can be asserted based on power of attorney, agreements, etc. In such cases, one cannot invoke Section 24 of the Act of 2013 to claim that the acqui...

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SAVITA vs. STATE OF DELHI

Citation : 2019 Latest Caselaw 970 SC

Headnote :

IMPORTANTConviction - An appeal cannot be resolved without the records from the Trial Court.Indian Penal Code, 1860 Sections 498A and 304 - Cruelty - Dowry death - The appeal was disposed of without the trial court\'s record, leading to the upholding of the conviction and sentence. It was determined...

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STATE OF PUNJAB vs. RANJIT KAUR

Citation : 2019 Latest Caselaw 971 SC

CrPC Section 427. Sentence on offender already sentenced for another offence
CrPC Section 482. Saving of inherent power of High Court

Headnote :

IMPORTANTThe High Court\'s Inherent Authority - It cannot change, add to, modify, or alter any order that has been upheld by the Supreme Court.According to Sections 427 and 482 of the Criminal Procedure Code, 1973, in 69 challan cases, sentences are to be served concurrently. The High Court\'s inher...

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EMAAR MGF LAND LTD. vs. BALVINDER SINGH

Citation : 2019 Latest Caselaw 972 SC

Headnote :

NOTICEThe NCDRC has dismissed the appeal after over a year without providing any justification - This method of handling appeals is unacceptable - The appeal should have been resolved based on its merits.According to Section 23 of the Consumer Protection Act, 1986 - Appeal - Adjudication - The NCDRC...

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H. S. YADAV vs. SHAKUNTALA DEVI PARAKH

Citation : 2019 Latest Caselaw 973 SC

Constitution of India

Headnote :

IMPORTANTThe State Legislature is prohibited from enacting laws that allow for direct appeals to the Supreme Court - Such provisions are deemed illegal and beyond the powers granted by the Constitution.Chhattisgarh Rent Control Act, 2011, Section 13(2) - Direct Appeals to the Supreme Court - Legalit...

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UNION OF INDIA vs. GAUTAM KHAITAN

Citation : 2019 Latest Caselaw 974 SC

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

Headnote :

IMPORTANTThe Black Money Act came into effect on April 1, 2016, as notified by the Government, which made it applicable from July 1, 2015. It cannot be claimed that the penal provisions were applied retrospectively.The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 20...

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STATE OF PUNJAB vs. BALJINDER SINGH

Citation : 2019 Latest Caselaw 975 SC

CrPC Section 100. Persons in charge of closed place to allow search

Gurbax Singh Vs. State of Haryana [2001] INSC 63 (6 February 2001)
The State of Punjab Vs. Baldev Singh [1999] INSC 224 (21 July 1999)
Ajmer Singh & Ors Vs. State of Haryana & Ors [1989] INSC 351 (17 November 1989)

Headnote :

IMPORTANTThe provisions of Section 50 of the NDPS Act apply solely to personal searches - Failure to comply does not affect the validity of recovery from a vehicle.According to Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the recovery of contraband is subject to the non-co...

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JOHN D SOUZA vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION

Citation : 2019 Latest Caselaw 976 SC

Code of Civil Procedure, 1908 (CPC)
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

According to the Industrial Disputes Act of 1947, specifically Sections 10(i)(c) and (d), 11A, and 33(2)(b), regarding dismissal from service, the Labour Court or Industrial Tribunal\'s scope and authority during an inquiry is defined. It has been determined that while conducting an inquiry under Se...

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WALAITI RAM CHARAN DASS vs. STATE OF PUNJAB

Citation : 2019 Latest Caselaw 977 SC

Punjab Agricultural Produce Markets (General) Rules, 1962
Punjab Agricultural Produce Markets Act, 1961
Punjab Agricultural Produce Markets Act, 1961
Punjab Agricultural Produce Markets Act, 1961
Punjab New Mandi Townships (Development and Regulation) Act, 1960
Punjab New Mandi Townships (Development and Regulation) Act, 1960
Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999

Headnote :

A. According to Article 14 of the Constitution of India, 1950, and the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999, specifically Rule 3, as well as the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) (First Amendment) Rules, 2008, Rules 3...

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PRAHLAD PRADHAN vs. SONU KUMAR

Citation : 2019 Latest Caselaw 978 SC

Headnote :

IMPORTANTEntries in the revenue record do not establish ownership of a property - These entries merely allow the individual in whose favor the mutation is recorded to pay the land revenue for the specified land.A. Revenue Record Entry - Ownership Proof - Entries in revenue records do not establish o...

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EBHA ARJUN JADEJA vs. THE STATE OF GUJARAT

Citation : 2019 Latest Caselaw 979 SC

Arms Act, 1959
CrPC Section 154. Information in cognizable cases
CrPC Section 465. Finding or sentence when reversible by reason of error, omission or irregularity
Indian Penal Code, 1860 (IPC)
Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

IMPORTANTFIRs for TADA offences require the sanction of the Competent Authority.IMPORTANTHowever, investigations into serious crimes such as murder and rape must not be postponed solely due to the involvement of TADA.A. Under Section 20A(1) of the Terrorist and Disruptive Activities (Prevention) Act...

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SURGEON REAR ADMIRAL MANISHA JAIPRAKASH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 980 SC

Headnote :

A. Armed Forces Tribunal Act, 2007 - Non-recording of ACRs - Statutory complaint - The appellant, who was commissioned in the Indian Army as a Lieutenant and subsequently promoted to various positions, was not elevated to the rank of Surgeon Vice Admiral. The appellant\'s grievance centers on the im...

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VINUBHAI HARIBHAI MALAVIYA vs. THE STATE OF GUJARAT

Citation : 2019 Latest Caselaw 981 SC

Constitution of India
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 204. Issue of processed
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)

Common Cause Vs. Union of India [MAY 13, 2015]
Common Cause Vs. Union of India [APRIL 23, 2014]
Rama Chaudhary Vs. State of Bihar [2009] INSC 689 (2 April 2009)
Dilawar Singh Vs. State of Delhi [2007] Insc 895 (5 September 2007)
Hasanbhai Valibhai Qureshi Vs. State of Gujarat & Ors [2004] Insc 223 (5 April 2004)
Common Cause Vs. Union of India & Ors [2003] INSC 513 (8 October 2003)
Union Public Service Commission Vs. S. Papaiah & Ors [1997] INSC 725 (11 September 1997)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
Kamlapati Trivedi Vs. State of West Bengal [1978] INSC 256 (13 December 1978)
Abhinandan Jha & Ors Vs. Dinesh Mishra [1967] INSC 110 (17 April 1967)

Headnote :

IMPORTANTUntil the trial begins, the Magistrate retains the authority to mandate further investigation even after cognizance has been taken.A. Criminal Procedure Code, 1973 Sections 156(3) and 173(8) Post cognizance stage - Authority to mandate further investigation - The Magistrate has the power to...

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GURCHARAN SINGH vs. STATE OF HIMACHAL PRADESH

Citation : 2019 Latest Caselaw 982 SC

Indian Evidence Act, 1872
IPC Section 302. Punishment for murder

Headnote :

Indian Penal Code, 1860 Section 302 Murder - Validity of conviction - The appellant was found guilty of murdering his wife by striking her with a wooden bat. The case relied on two main factors: motive and the recovery of evidence at the appellant\'s request. The deceased had suspected that the appe...

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N. SELVI vs. M.R. MANOHARAN

Citation : 2019 Latest Caselaw 983 SC

Headnote :

Judicial Separation - Couple aged over 60 - Respondent has agreed to pay L 5 Lakhs for maintenance - The Supreme Court wishes them a joyful life apart.[Para 2]

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A. SUJAUDHEEN vs. C.R. VIRAN

Citation : 2019 Latest Caselaw 984 SC

Constitution of India

Headnote :

Article 136 of the Constitution of India, 1950 - Specific Performance: Denial of discretionary relief and the requirement for the refund of the advance payment along with interest. The petitioner\'s funds are held in the Sub Treasury without accruing interest, while the respondent has the right to k...

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BARASAT EYE HOSPITAL vs. KAUSTABH MONDAL

Citation : 2019 Latest Caselaw 985 SC

Bengal Tenancy Act, 1885
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
Constitution of India
Limitation Act, 1963
West Bengal Land Reforms Act, 1955
West Bengal Non-Agricultural Tenancy Act, 1949

Gopal Sardar Vs. Karuna Sardar [2004] Insc 141 (9 March 2004)

Headnote :

A. According to Section 8 of the West Bengal Land Reforms Act, 1955, the right of preemption consists of two aspects: the primary right, which is the inherent right to be offered the item before it is sold, and the secondary right, which allows the pre-emptor to step in and take the place of the ori...

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THE STATE OF BIHAR vs. DEVENDRA SHARMA

Citation : 2019 Latest Caselaw 986 SC

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

R. Vishwanatha Pillai Vs. State of Kerala & Ors [2004] Insc 21 (7 January 2004)

Headnote :

A. According to Article 14 of the Constitution of India, 1950, and Section 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, the process of public appointments must involve sanctioned posts, advertisements to allow all eligible candidates to apply, and a defined recruit...

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ONGC LABOUR UNION vs. ONGC DEHRADUN

Citation : 2019 Latest Caselaw 987 SC

Contract Labour (Regulation and Abolition) Act, 1970
CrPC Section 482. Saving of inherent power of High Court

Headnote :

According to Section 10(1) of the Contracts Labour (Regulation and Abolition) Act, 1970, the employment of contract labour is prohibited. The Central Government issued a notification prohibiting this employment, but the High Court annulled the notification in question. The judgment indicates that th...

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UTTAM RAM vs. DEVINDER SINGH HUDAN

Citation : 2019 Latest Caselaw 988 SC

Negotiable Instruments Act, 1881
NI Act, Section 139. Presumption in favour of holder

Rangappa Vs. Sri Mohan [2010] INSC 373 (7 May 2010)

Headnote :

IMPORTANTDishonour of cheque - The complainant is not required to establish a debt in a civil court; however, they must provide evidence to support their claim for the recovery of the owed amount.IMPORTANTNegotiable Instruments - Loss of Cheque - An entry regarding the loss does not serve as proof o...

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MANI PUSHPAK JOSHI vs. STATE OF UTTARAKHAND

Citation : 2019 Latest Caselaw 989 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Criminal Procedure Code, 1973 Section 319 Indian Penal Code, 1860 Section 376(2) Protection of Children from Sexual Offences Act, 2012 Sections 5 and 6 - Summoning of additional accused - Allegations state that the accused sexually assaulted a minor at school alongside others - The victim is a young...

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M. HARIHARASUDHAN vs. R. KARMEGAM

Citation : 2019 Latest Caselaw 990 SC

Code of Civil Procedure, 1908 (CPC)
Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982

Headnote :

A. The Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, Sections 8 and 12 - Tamil Nadu Property (Prevention of Damage and Loss) Rules, Rules 3 and 4 - Lawsuit for damages - Civil Court\'s jurisdiction is restricted - The rules generally outline the procedure for seeking compensation fo...

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NARESH KUMAR vs. GOVT.OF NCT OF DELHI

Citation : 2019 Latest Caselaw 991 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Chandra Bhan Singh Vs. Latafat Ullah Khan & Ors [1978] INSC 181 (19 September 1978)
Harbhajan Singh Vs. Karam Singh & Ors [1965] INSC 183 (16 September 1965)

Headnote :

IMPORTANTLand Acquisition - The Award cannot be modified under Section 13A - Statutory authorities may only review orders if the relevant statute grants them that authority.A. Land Acquisition Act, 1894 Sections 11 and 13A Land acquisition - Is it possible to review the Award under any provisions of...

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DR. LAKSHMAN vs. STATE OF KARNATAKA

Citation : 2019 Latest Caselaw 992 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
Negotiable Instruments Act, 1881

Headnote :

NOTICEThe mere act of filing a lawsuit for the recovery of funds and a complaint under Section 138 of the Negotiable Instruments Act does not provide sufficient grounds to dismiss a case involving criminal breach of trust or cheating.According to Section 482 of the Criminal Procedure Code, 1973 and...

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CENTRAL BUREAU OF INVESTIGATION vs. ARVIND KHANNA

Citation : 2019 Latest Caselaw 993 SC

CrPC Section 4. Trial of offences under the Indian Penal Code and other laws
CrPC Section 482. Saving of inherent power of High Court
Foreign Contribution (Regulation) Act, 2010
Income Tax Act, 1961

Ahmedabad Urban Development Authority Vs. Manilal Gordhandas & Ors [1996] INSC 1110 (11 September 1996)

Headnote :

Section 23 of the Foreign Contribution (Regulation) Act, 1976 - Quashing of FIR - Sustainability - The respondent is accused of receiving foreign contributions from eight foreign entities without the necessary permission. The funds are claimed to have been given as a gift from the respondent\'s fath...

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PREM SINGH vs. SUKHDEV SINGH

Citation : 2019 Latest Caselaw 994 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Indian Penal Code, 1860 Sections 148, 302/149 Arms Act, 1959, Section 25 - Murder - Acquittal - The victim fabricated a false narrative - The accused\'s licensed firearms were confiscated, but they were not examined by a ballistic expert, and there was no forensic evidence to confirm that these were...

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IDBI BANK LIMITED vs. OFFICIAL LIQUIDATOR, OFFICE OF THE OFFICIAL LIQUIDATOR OF COMPANIES

Citation : 2019 Latest Caselaw 995 SC

Companies Act, 2013
Income Tax Act, 1961
Transfer of Property Act, 1882

Headnote :

A. Companies (Court) Rules, 1959, Rule 101 - Reviving winding up proceedings - The question arises whether a winding up petition can be dismissed solely due to the absence of a prosecuting creditor under Rule 101, or if the Company Court has the authority to instruct the Liquidator to publish an adv...

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MAHANAGAR TELEPHONE NIGAM LTD. vs. CANARA BANK

Citation : 2019 Latest Caselaw 996 SC

Headnote :

Administrative Mechanism for Resolving Disputes Among CPSEs - Reference of Dispute - A dispute has arisen between two Public Sector Undertakings that needs to be resolved through the AMRCD. Achieving a settlement through this process will not only conserve public funds but also promote genuine colla...

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PRAVEEN KUMAR PRAKASH vs. STATE OF JHARKHAND

Citation : 2019 Latest Caselaw 997 SC

Headnote :

IMPORTANTThe Investigation Agency should seek specific orders from the Magistrate only when there are matters outside its jurisdiction that require the Magistrate\'s intervention - it is not mandatory to obtain Magistrate\'s orders for every aspect of the investigation.A. Criminal Procedure Code, 19...

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HOOGHLY MILLS COMPANY LTD. vs. STATE OF WEST BENGAL

Citation : 2019 Latest Caselaw 998 SC

Criminal Procedure Code, 1973
CrPC Section 482. Saving of inherent power of High Court
Specific Relief Act, 1963

Headnote :

IMPORTANTUnlawfully retaining company property - The existence of a civil suit and any interim orders issued in that context - Does not prevent criminal prosecution under Section 630 of the Companies Act.A. Companies Act, 1956 Section 360(2) Specific Relief Act, 1963 Section 41 Unlawfully retaining...

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NATIONAL LAWYERS' CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS RPERSENTED BY ITS SECRETARY A.C. PHILIP VS. UNION OF INDIA

Citation : 2019 Latest Caselaw 999 SC

Headnote :

IMPORTANTSecond Judges case that established the Collegium System - Review Petition dismissed due to excessive delay.Constitution of India, 1950 Article 137 Review - A delay of 9071 days in submitting the petition - Petitioners failed to provide a satisfactory explanation - No grounds for reviewing...

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GOVT. OF GUJARAT vs. ADAM B. CHAKI

Citation : 2019 Latest Caselaw 1000 SC

Headnote :

Article 136 of the Constitution of India, 1950 and Section 2(c) of the National Commission for Minorities Act, 1992 - Special leave to appeal - Pre-Matric Scholarship - The scheme has been revised, with 100% funding provided by the Union of India, rendering the issues raised in the special leave pet...

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STATE OF BIHAR vs.M/S RIGA SUGAR CO. LTD.

Citation : 2019 Latest Caselaw 1001 SC

Bihar and Orissa Excise Act, 1915

Headnote :

A. Under Section 42(4) of the Bihar Excise Act, 1915, regarding the cancellation of a manufacturing license and the refund of the license fee, the closure of the premises was previously addressed in a High Court judgment, which ruled in favor of the closure being illegal. This judgment is now final,...

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UNION OF INDIA vs. SHRI HARANANDA

Citation : 2019 Latest Caselaw 1002 SC

Headnote :

Railway Protection Force Act, 1957 - Establishment of RPF as an Organized Group \'A\' - The rights of IPS Officers regarding deputation, as per the recruitment rules, in various CAPFs are not affected solely by the designation of Organized Group \'A\' Central Services to the CAPFs. The Supreme Court...

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STATE OF JHARKHAND vs. M/S HSS INTEGRATED SDN

Citation : 2019 Latest Caselaw 1003 SC

Arbitration and Conciliation Act, 1996

Headnote :

NOTICEInterference with an arbitral award is permissible only if the findings are irrational, contradict the evidence, or violate public policy. The factual determinations made by arbitrators based on the evidence should not be examined as if the court were conducting an appeal.According to Section...

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KANTABAI VASANT AHIR vs. SLUM REHABILITATION AUTHORITY

Citation : 2019 Latest Caselaw 1004 SC

Maharashtra Housing and Area Development Act, 1976

Headnote :

A. Under the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971, specifically Chapter I-A, Sections 3C and 3D, as well as Chapter II, Section 4, it has been determined that the entire area designated as a Slum Rehabilitation Area under Section 3C does not require prior noti...

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S.P.MISRA vs. MOHD.LAIQUDDIN KHAN

Citation : 2019 Latest Caselaw 1005 SC

Code of Civil Procedure, 1908 (CPC)
Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

IMPORTANTClause in Partnership Deed Stating that Legal Representatives Become Partners Upon Death of a Partner - This Clause Contradicts the Act.A. Indian Partnership Act, 1932 Section 42 - Dissolution of Partnership Upon Death of a Partner - According to the partnership deed, in the event of a part...

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STATE OF WEST BENGAL vs. INDRAJIT KUNDU

Citation : 2019 Latest Caselaw 1006 SC

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

Chitresh Kumar Chopra Vs. State [2009] INSC 1423 (10 August 2009)

Headnote :

IMPORTANTSimply referring to the victim as a \'call girl\' is not enough to proceed with a trial by framing charges for abetting suicide.According to Section 306 read with Section 34 of the Indian Penal Code, 1860 - The deceased and the accused boy had plans to marry. The deceased visited the home o...

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PRINCIPAL COMMISSIONER OF INCOME TAX MUMBAI vs. M/S I-VEN INTERACTIVE LTD

Citation : 2019 Latest Caselaw 1007 SC

Income Tax Act, 1961

Headnote :

IMPORTANTIncome Tax Act - Assessee must update PAN database upon changing address - The Assessing Officer acted appropriately in sending the notice to the address listed in the PAN database.A. Income Tax Act, 1961 Sections 142(1) and 143(2) Service of Notice - Time-barred - The notice was not delive...

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ARUN MISRA vs. ANITA MISRA

Citation : 2019 Latest Caselaw 1008 SC

Criminal Procedure Code, 1973
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

CRUCIALComplaint for dishonor of cheque is valid when the cheque is issued following a Lok Adalat order.CRUCIALAccording to the Negotiable Instruments Act, every Lok Adalat award is considered a decree of a Civil Court and is enforceable as a legal debt.Under Section 138 of the Negotiable Instrument...

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BRANCH MANAGER BAJAJ ALLIANZ LIFE INSURANCE CO. vs. MINATI MOHAPATRA

Citation : 2019 Latest Caselaw 1009 SC

Headnote :

Consumer Protection Act, 1986 Section 23 Insurance - Order to refund premium - The individuals whose lives were insured were alive. The proposer, who was the father of the insured, paid a total of L 1,39,678 while he was alive, but subsequently failed to make premium payments. The consumer forum err...

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OM PARKASH vs. AMAR SINGH

Citation : 2019 Latest Caselaw 1010 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

IMPORTANTPossession taken by the decree holder with police assistance - No Court orders for police assistance - Utilizing police assistance under the guise of Court orders is unjustified.Civil Procedure Code, 1908, Order 21, Rule 35 (3) - Execution proceedings - Delivery of possession through police...

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M. SRIKANTH vs. STATE OF TELANGANA

Citation : 2019 Latest Caselaw 1011 SC

ccc
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 380. Theft in dwelling house, etc

Headnote :

Criminal Procedure Code, 1973 Section 482 Indian Penal Code, 1860 Sections 418, 420 and 120B Cheating - Quashing of proceedings - The complainant accused her brother of fabricating a Will and a gift deed, claiming he presented himself as the sole owner of the property. He executed a lease deed in fa...

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STRESSED ASSETS STABILIZATION FUND vs. WEST BENGAL SMALL IND. DEVELOPMENT CORPORATION LTD.

Citation : 2019 Latest Caselaw 1012 SC

Karnataka Industrial Areas Development Act, 1966
West Bengal Government Premises (Tenancy Regulation) Act, 1976

Headnote :

Companies Act, 1956 Section 535 - Winding up proceedings - Restoration of property to the lessor - A plot leased for manufacturing purposes - The original lessee stopped using the property for manufacturing - The High Court ruled that the lessor was entitled to possession based on the lease conditio...

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RAHUL SUDHAKAR ANANTWAR vs. SHIVKUMAR KANHIYALAL SHRIVASTAV

Citation : 2019 Latest Caselaw 1013 SC

Negotiable Instruments Act, 1881

Headnote :

Negotiable Instruments Act, 1881 Sections 138 and 139 Dishonour of cheque - Conviction - It is acknowledged that the complainant provided an advance/earnest money of L 2,50,000/- to the accused as per the terms of the Agreement - The accused did not successfully challenge the statutory presumption u...

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BARUN CHANDRA THAKUR vs. RYAN AUGUSTINE PINTO

Citation : 2019 Latest Caselaw 1014 SC

Arms Act, 1959
CrPC Section 437. When bail may be taken in case of non-bailable offence
CrPC Section 438. Direction for grant of bail to person apprehending arrest
Indian Penal Code, 1860 (IPC)
Juvenile Justice (Care and Protection of Children) Act, 2015

Headnote :

IMPORTANTThe mere inconvenience of having to approach the court for permission to travel abroad does not justify relaxing the conditions of bail.According to Sections 437 and 438 of the Criminal Procedure Code, 1973, regarding conditional bail - Modification of conditions - Bail was granted to the a...

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SAMARESH PRASAD CHOWDHURY vs. UCO BANK

Citation : 2019 Latest Caselaw 1015 SC

Headnote :

Section 22A of the Consumer Protection Act, 1986 - The High Court\'s annulment of an ex-parte order and remarks regarding the Judicial Member of the State Consumer Disputes Redressal Commission - It was determined that the comments made about the Judicial Member were unwarranted, considering the act...

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SMT. MADHU RANI vs. STATE (GOVT. OF NCT OF DELHI )

Citation : 2019 Latest Caselaw 1016 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Article 136 of the Constitution of India, 1950 - Discharge - Withdrawal of Fixed Deposit Receipt (FDR) - The appellant was granted conditional anticipatory bail, requiring them to maintain an amount of Rs. 1,50,000 in the form of an FDR in the respondent\'s name for a duration of three years or unti...

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RAJIV KUMAR SHARMA vs. STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 1017 SC

Constitution of India
CrPC Section 482. Saving of inherent power of High Court

Headnote :

IMPORTANTCriminal complaints can be dismissed following a settlement between parties in matrimonial disputes.According to Article 142 of the Constitution of India, 1950, and Section 498A of the Indian Penal Code, 1860, as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961, a complaint can b...

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STATE OF MADHYA PRADESH vs. UDHAM

Citation : 2019 Latest Caselaw 1018 SC

Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 452. House-trespass after preparation for hurt, assault or wrongful restraint

Headnote :

IMPORTANTPunishment - Sentence Reduction - Crimes must be evaluated based on three criteria: the crime test, the criminal test, and the comparative proportionality test.A. Indian Penal Code, 1860 Sections 326, 452 r/w Section 34 Sentence - Validity - The Trial Court sentenced the accused to three ye...

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