Caselaw | Supreme Court Judgements of october 2019

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RAMESH PARSRAM MALANI vs. STATE OF TELANGANA

Citation : 2019 Latest Caselaw 1019 SC

Administration of Evacuee Property Act, 1950
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Rules, 1955
East Punjab Refugees (Registration of Land Claims) Act, 1948
East Punjab Refugees (Registration of Land Claims) Act, 1948
East Punjab Refugees (Registration of Land Claims) Act, 1948
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951
General Clauses Act, 1897
Punjab Package Deal Properties (Disposal) Act, 1976

Headnote :

A. Under the Displaced Persons (Compensation & Rehabilitation) Act of 1954, specifically Sections 8 and 17, and the Displaced Persons (Compensation & Rehabilitation) Rules of 1955, Rule 51, the legality of land allotment to displaced persons is addressed. The land that is part of the compens...

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KARAN SINGH vs. DELHI TRANSPORT CORPORATION

Citation : 2019 Latest Caselaw 1020 SC

Headnote :

According to Rule 22 of the Central Service Pension Rules, 1972, regarding the Voluntary Retirement Scheme, a minimum of ten years of qualifying service is required. The appellant was appointed as a Conductor after completing a two-month qualifying training. The time spent beyond the two months of t...

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M/S TERAI TEA COMPANY LIMITED vs. KUMKUM MITTAL

Citation : 2019 Latest Caselaw 1021 SC

Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

According to Section 35 of the Indian Stamps Act, 1899, regarding the impounding of an agreement to sell for the purpose of assessing stamp duty and penalties, there is no valid reason to object to the impounding of the document. This is particularly relevant since the appellant has already paid a s...

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BIJAY KUMAR SINGH vs. AMIT KUMAR CHAMARIA

Citation : 2019 Latest Caselaw 1022 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Limitation Act, 1963
M.P. Accommodation Control Act, 1961
West Bengal Premises Tenancy Act, 1956
West Bengal Premises Tenancy Act, 1997

Ganpat Ladha Vs. Sashikant Vishnu Shinde [1978] INSC 45 (21 February 1978)

Headnote :

A. According to Section 7(2) of the West Bengal Premises Tenancy Act, 1997, the court\'s discretion to extend the time for the deposit of overdue rent is restricted. Such an extension can only be granted once and cannot exceed a duration of two months.[Para 20]B. Under Section 7(2) of the West Benga...

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MUNICIPAL CORP. OF GREATER MUMBAI vs. HARISH LAMBA OF BOMBAY, INDIAN INHABITANT

Citation : 2019 Latest Caselaw 1023 SC

Mumbai Municipal Corporation Act, 1888

Municipal Corporation of City of Hubli Vs. Subha Rao Hanumatharao Prayag & Ors [1976] INSC 76 (24 March 1976)

Headnote :

IMPORTANTThe Water Benefit Tax is a mandatory charge - Liability exists regardless of whether the water supply has been disconnected.A. Under the Mumbai Municipal Corporation Act, 1888, Sections 139, 140, and 169 - Water Benefit Tax - Obligation to pay - Even if the water supply is disconnected, the...

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STATE OF MANIPUR vs. KOTING LAMKANG

Citation : 2019 Latest Caselaw 1024 SC

Constitution of India

Headnote :

Article 136 of the Constitution of India, 1950 - Delay in Filing First Appeal - Condonation - A Regular First Appeal was submitted after an 11-month delay. The appellant requested condonation, citing a genuine mistake in choosing the incorrect forum. The time spent in the wrong forum was 44 days, bu...

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BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY vs. AMIT KUMAR

Citation : 2019 Latest Caselaw 1025 SC

Headnote :

Article 136 of the Constitution of India, 1950 - Unearned increase in land value - Share of the original owner - The land was allocated to the original allottee at a price determined by BIADA. When the allottee transfers the land, they receive a higher amount than the original price. The market valu...

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P CHIDAMBARAM vs. CENTRAL BUREAU OF INVESTIGATION

Citation : 2019 Latest Caselaw 1026 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 438. Direction for grant of bail to person apprehending arrest
Prevention of Corruption Act, 1988

Jayendra Saraswathi Swamigal Vs. State of Tamil Nadu [2005] INSC 18 (10 January 2005)
Ram Govind Upadhyay Vs. Sudarshan Singh & Ors [2002] INSC 145 (18 March 2002)

Headnote :

IMPORTANTRegular bail - Economic offender - The concept of \"flight risk\" should not be generalized as a national issue. Just because some offenders have fled the country does not mean that all accused are a flight risk. An accused who surrenders their passport and is subject to a lookout notice ca...

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SHAUKATHUSSAIN MOHAMMED PATEL vs. KHATUNBEN MOHMMEDBHAI POLARA

Citation : 2019 Latest Caselaw 1027 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

IMPORTANTTo reject a plaint, all statements made in the plaint must be considered in their entirety.Civil Procedure Code, 1908, Order 7 Rule 11 - Rejection of plaint - Validity - The plaint was rejected on the basis of limitation - According to the provisions of Order 7, Rule 11 of the Code, all sta...

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BHARAT PETROLEUM CORP. LTD. vs. GO AIRLINES (INDIA) LTD.

Citation : 2019 Latest Caselaw 1028 SC

Arbitration and Conciliation Act, 1996

Headnote :

Arbitration and Conciliation Act, 1996 Section 16 - Jurisdiction of the Arbitrator in Arbitral Disputes - Following a letter from the appellant proposing an arbitrator\'s name to resolve the dispute, the respondent accepted the arbitrator\'s appointment and expressed confidence that the arbitrator w...

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INDORE DEVELOPMENT AUTHORITY vs. MANOHARLAL AND ORS. ETC.

Citation : 2019 Latest Caselaw 1029 SC

Constitution of India
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Ujagar Prints Vs. Union of India & Ors [1989] INSC 29 (27 January 1989)
Ujagar Prints Vs. Union of India & Ors [1988] INSC 345 (4 November 1988)

Headnote :

IMPORTANTNo party involved in litigation has the authority to dictate who should serve on the Bench. A litigant cannot assert that a Judge, who may have previously ruled on a specific issue that could later be unfavorable to them, or who is part of a larger Bench, should be disqualified from hearing...

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KUPPILI SWAPNA PRIYA vs. KUPPLI PRADEEP KUMAR

Citation : 2019 Latest Caselaw 1030 SC

Headnote :

Under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, a husband filed a petition for divorce. The trial court approved the petition and issued a decree of divorce, which was upheld by the high court. While the appeal was pending, the parties reached an amicable settlement regarding...

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UNION OF INDIA vs. RASHID H.

Citation : 2019 Latest Caselaw 1031 SC

Air Force Act, 1950
Air Force Rules, 1969
Official Secrets Act, 1923

Headnote :

Air Force Act, 1950 Section 20(3) Air Force Rules, 1969, Rule 156 - Dismissal from service - Validity - When a delinquent acknowledges their guilt, there is no further obligation for the authorities to demonstrate that the delinquent committed the offense. The delinquent made a statement during a co...

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HARISH DAHIYA @ HARISH vs. STATE OF PUNJAB

Citation : 2019 Latest Caselaw 1032 SC

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

Headnote :

IMPORTANTThe court cannot reject a discharge application solely because a request to quash the proceedings has been denied.According to Article 136 of the Constitution of India, 1950, and Sections 227 and 228 of the Criminal Procedure Code, 1973, the court must consider a discharge application even...

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P. RAJKUMAR vs. YOGALAKSHMI

Citation : 2019 Latest Caselaw 1033 SC

CrPC Section 125. Order for maintenance of wives, children and parents
Protection of Women From Domestic Violence Act, 2005

Headnote :

IMPORTANTIf a Magistrate denies relief under Section 20 of the Domestic Violence Act, they cannot take jurisdiction under Section 125 of the Cr.P.C., 1973 to award maintenance.According to Section 125 of the Criminal Procedure Code, 1973 and Section 20 of the Protection of Women From Domestic Violen...

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VINOD @ MANOJ vs. STATE OF HARYANA

Citation : 2019 Latest Caselaw 1034 SC

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

Headnote :

CRUCIALMurder and Rape - Simply being seen near the victim\'s home is insufficient to link the accused to the crime.CRUCIALMurder and Rape - The presence of an extra-judicial confession alone does not warrant a conviction for rape and murder.A. Indian Penal Code, 1860 Sections 364, 376, 302 and 201...

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RENU RANI SHRIVASTAVA vs. NEW INDIA ASSURANCE COMPANY

Citation : 2019 Latest Caselaw 1035 SC

Headnote :

NOTICEAccording to the Motor Vehicles Act, a widow\'s relinquishment of her share in favor of another claimant does not prevent her from seeking compensation. The Court is obligated to award compensation to dependents as per legal provisions.A. Under Section 166 of the Motor Vehicles Act, 1988, conc...

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IMRAT SINGH vs. STATE OF MADHYA PRADESH

Citation : 2019 Latest Caselaw 1036 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)

Headnote :

Indian Penal Code, 1860 Sections 148 and 302 - Murder and Rioting with a Deadly Weapon - The villagers, who were initially informed about the incident by key witnesses, were not examined. The Head Constable, who allegedly failed to record the FIR and stated he would wait for the SDOP, was also not e...

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JAGJIWAN COOP. GROUP HOUSING SOCIETY LTD. vs. LT. GOVERNOR, NCT OF DELHI

Citation : 2019 Latest Caselaw 1037 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

According to Section 17(4) of the Land Acquisition Act, 1894, the revocation of a notification regarding acquisition is being sought by a Cooperative Group Housing Society. The mere fact that one of the appellants is a Cooperative Society does not render the land acquisition illegal. Therefore, the...

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RAJENDER @ RAJESH @ RAJU vs. STATE (NCT OF DELHI)

Citation : 2019 Latest Caselaw 1038 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

CRUCIALFormer Councillor of MC Delhi Sentenced to Life Imprisonment for Murder.A. Under the Indian Penal Code, 1860, Sections 302 in conjunction with 120B, and Sections 364 and 201 in conjunction with 120B, along with the Evidence Act, 1872, Section 27 - The case involves murder, kidnapping, and cri...

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SHREE RAM URBAN INFRASTRUCTURE LTD. vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 1039 SC

Maharashtra Regional and Town Planning Act, 1966
Mumbai Municipal Corporation Act, 1888

Headnote :

A. Under the Maharashtra Regional and Town Planning Act, 1966, specifically Sections 51 and 354A, and the Development Control Regulations for Greater Bombay, 1991, Regulation 6.4, it is mandated that upon reaching the plinth level of construction, the Commissioner must be notified. This notification...

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CHANDRA PRAKASH BUDAKOTI vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 1040 SC

Forest (Conservation) Act, 1980

Headnote :

U.P. Protection of Trees in Rural and Hills Areas Act, 1976, Sections 4 and 10 - Cutting down trees and utilizing forest land for non-forest activities - Breach of the Forest (Conservation) Act, 1980 - The land designated as Khasra No.605 is classified as banjar or barren land, thus the provisions o...

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GOVT. OF NCT DELHI vs. PRADEEP KUMAR

Citation : 2019 Latest Caselaw 1041 SC

Constitution of India

Headnote :

Recruitment of Special Education Teachers - OBC Category - Eligibility - An advertisement has been issued for the recruitment of Special Education Teachers under the Government of Delhi. The respondents obtained their CTET qualification under relaxed passing criteria for the OBC category in a state...

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MUNICIPAL CORPORATION OF GREATER MUMBAI vs. M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD

Citation : 2019 Latest Caselaw 1042 SC

Headnote :

IMPORTANTIf a structure is deemed illegal, it cannot be allowed to be rebuilt, even if it was demolished unlawfully.Mumbai Municipal Corporation Act, Sections 337 and 342 - Regarding the re-erection of illegal structures - While the Municipal Corporation\'s action of demolishing a structure without...

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UNION OF INDIA vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA

Citation : 2019 Latest Caselaw 1043 SC

Banking Regulation Act, 1949
Business Profits Tax Act, 1947
Central Excise Act, 1944
Companies (Profits) Surtax Act, 1964
Constitution of India
Income Tax Act, 1961
Indian Telegraph Act, 1885
Karnataka Value Added Tax Act, 2003
Kerala General Sales Tax Rules, 1963
Section 74. Compensation of breach of contract where penalty stipulated for
Super Profits Tax Act, 1963
Telecom Regulatory Authority Of India Act, 1997

United India Insurance Co. Ltd. [JULY 02, 2018]
State of U.P. & Ors Vs. Devi Dayal Singh [2000] INSC 86 (25 February 2000)
State of U.P. & Ors Vs. Devi Dayal Singh [2000] INSC 89 (25 February 2000)
State of Orissa & Ors Vs. Narain Prasad & Ors [1996] INSC 1067 (3 September 1996)
Central Bank of India Vs. Ravindra & Ors [1995] INSC 258 (7 May 1995)
Panna Lal & Ors Vs. State of Rajasthan & Ors [1975] INSC 151 (1 August 1975)

Headnote :

A. Indian Telegraph Act, 1885 Section 4 - Recovery of License Fee: Interest and Penalty Imposition - The demand for the license fee was first made in 2003. Although the definition of gross revenue was clear, licensees initially contested its validity regarding the inclusion of certain items. The Cou...

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LT COL. PARAMJIT SINGH DHILLON vs. HARINDER SINGH GHUMAN

Citation : 2019 Latest Caselaw 1044 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delhi Land Reforms Act, 1954
Delhi Municipal Corporation Act, 1957
Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887

Headnote :

Partition lawsuits concerning the same property have been filed in both Delhi and Punjab. To prevent conflicting judgments, the two cases have been consolidated. The Delhi High Court will make the final decision on the matter.[Paras 23 and 24]

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TATA POWER DELHI DISTRIBUTION LTD. NDPL HOUSE vs. MANOJ MISHRA

Citation : 2019 Latest Caselaw 1045 SC

Delhi Electricity Reforms Act, 2000
Electricity Act, 2003
National Green Tribunal Act, 2010

Headnote :

Under the National Green Tribunal Act, 2010, specifically Sections 14, 15, and 18(1), regarding environmental compensation collection, the Green Tribunal had mandated that environmental compensation be included in electricity bills. However, the court has put a hold on this order. Subsequently, the...

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SIRDAR K.B. RAMACHANDRA RAJ URS. vs. SARAH C URS

Citation : 2019 Latest Caselaw 1046 SC

Hindu Succession Act, 1956

Headnote :

Specific Relief Act, 1963, Section 20 - Lawsuit for specific performance - An agreement to sell was allegedly made between the plaintiff and the defendant, with the defendant acting on behalf of his father as a power of attorney. The defendant contended that the plaintiff, who was his father\'s lega...

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M/S PLR PROJECTS PVT. LTD. vs. MAHANADI COALFIELDS LIMITED

Citation : 2019 Latest Caselaw 1047 SC

Krishnakant Tamrakar Vs. The State of Madhya Pradesh [MARCH 28, 2018]

Headnote :

IMPORTANTStrike by Lawyers - The behavior of lawyers is subject to contempt proceedings.According to Section 48 of the Advocates Act, 1961 - The strike by lawyers has brought operations in the High Court of Orissa and nearly all districts to a halt. The actions of the lawyers indeed fall under the c...

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U.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. M/S DIAMOND GENERAL TRADING

Citation : 2019 Latest Caselaw 1048 SC

Headnote :

Civil Procedure Code, 1908, Order 39 Rule 1 and 2 - Unsealing of property - The respondent was allocated two plots, which were allowed to be converted into three plots, with authorization to operate a hotel and banquet hall on the middle plot. The respondent paid the conversion fees. Prior to the Hi...

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RAJASTHAN PUBLIC COMMISSION AJMER vs. SHIKUN RAM FIRODA

Citation : 2019 Latest Caselaw 1049 SC

Constitution of India

Headnote :

Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999, Rule 6-B - Combined Competitive Examination - Press Note - Correction of error or change of category - The petitioner/respondent, who was serving in the army on the final date for submittin...

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PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) vs. NRA IRON & STEEL PVT. LTD.

Citation : 2019 Latest Caselaw 1050 SC

Headnote :

According to Section 2(35) of the Income Tax Act, 1961, the term \"Principal Officer\" refers to the service of notice. In this case, a dasti summons was delivered to the accountant, who also held power of attorney for the relevant financial year. It was determined that the Company was properly serv...

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MISS XYZ vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 1051 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTDespite a written settlement - If sexual intercourse by the accused is established and the woman claims she did not consent - The court shall assume that she did not consent.A. Indian Penal Code, 1860 Section 376 Evidence Act, 1872 Section 114A Sexual intercourse - Presumption of lack of co...

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SUPERINTENDING ENGINEER/ DEHAR POWER HOUSE CIRCLE BHAKRA BEAS MANAGEMENT BOARD (PW) SLAPPER vs. EXCISE AND TAXATION OFFICER, SUNDERNAGAR/ASSESSING AUTHORITY

Citation : 2019 Latest Caselaw 1052 SC

Arbitration and Conciliation Act, 1996
Central Excise Act, 1944
Code of Civil Procedure, 1908 (CPC)
Contempt of Courts Act, 1971
Himachal Pradesh Value Added Tax Act, 2005
Kerala Buildings (Lease and Rent Control) Act, 1965
Limitation Act, 1963
M.P. Madhyastham Adhikaran Adhiniyam, 1983

Headnote :

IMPORTANTThe authority to condone delays under Section 5 of the Limitation Act is applicable to Special or Local Laws unless explicitly excluded.According to Section 48 of the Himachal Pradesh Value Added Tax Act, 2005, and Sections 5 and 29 of the Limitation Act, 1963, the provisions of Section 5 o...

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STATE OF MADHYA PRADESH vs. MURTI SHRI CHATURBHUJNATH

Citation : 2019 Latest Caselaw 1053 SC

Headnote :

Section 115 of the M.P. Land Revenue Code, 1959 - Ownership claim of temple land - The Collector issued a notice for the auction settlement of the land - A lawsuit was initiated by the deity through the Pujaris asserting ownership of the land - The Deity did not lease the land from the Government bu...

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KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY MEMBER SECRETARY vs. MARADU MUNICIPALITY

Citation : 2019 Latest Caselaw 1054 SC

Headnote :

Coastal Zone Regulation - Demolition of apartments - Compensation - The consideration stated in the sale deed varies between Rs. 15 Lacs and Rs. 21 Lacs - The court issued an order based on the offer from the State of Kerala, stipulating that each flat owner should receive Rs. 25 Lacs - This amount...

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