Caselaw | Supreme Court Judgements of september 2019

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EX.SEPOY (WASHERMAN) RAM KHILAWAN vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 796 SC

Armed Forces Tribunal Act, 2007
Army Rules, 1954
Corrigendum

Headnote :

According to Rule 13(3) Item III(iii) of the Army Rules, 1954 - Discharge from service on the basis of medical unfitness - The appellant, who served as a Washerman in the Army, was discharged on medical grounds due to CNS (IN) Seizure, resulting in his classification in Low Medical Category BEE. Sin...

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SEP. SATGUR SINGH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 797 SC

Headnote :

Army Act, 1950 Sections 39, 51, and 63 Discharge from service - Sustainability - The appellant received a show-cause notice regarding seven instances of absence from duty. In response to the notice, the appellant failed to provide any explanation for his absences on those seven occasions. A member o...

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ROHAN VIRANI vs. THE STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 798 SC

Maharashtra Public Universities Act, 2016

Headnote :

A. According to the Maharashtra Public Universities Act, 2016, specifically Sections 2(5) and 122(4), JBIMS is recognized as a department of the University of Mumbai and was granted autonomous status for a five-year period from July 11, 2014, to July 11, 2019. However, during this period of autonomy...

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UMESH TUKARAM PADWAL vs. THE STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 799 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

A. Indian Penal Code, 1860 Sections 302, 364 and 420 - Murder and abduction - Motive of deception - According to the testimonies of the informant and the deceased\'s maternal uncle, the informant approached the accused to help secure a job for the deceased, for which the deceased was to pay the accu...

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M.J.THULSIRAMAN vs. THE COMMISSIONER.

Citation : 2019 Latest Caselaw 800 SC

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Headnote :

According to the Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959, specifically Sections 6(19) and 70(2), the case regarding \"Bakers Choultry\" involves a lawsuit seeking a declaration that \"Bakers Choultry\" is a private property intended for certain private charitable activities....

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MANJIT SINGH VS. THE STATE OF PUNJAB

Citation : 2019 Latest Caselaw 801 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Headnote :

A. Indian Penal Code, 1860 Sections 148, 302, 149, 323, 324, 326 Unlawful assembly - Key elements of unlawful assembly include the number of individuals involved, specifically five, and their shared objective. The common goal of those in the assembly can arise spontaneously and does not necessitate...

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M/S GEO MILLER & CO.PVT.LTD vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD

Citation : 2019 Latest Caselaw 802 SC

Arbitration (Protocol and Convention) Act, 1937
Arbitration and Conciliation Act, 1996
Indian Contract Act, 1872
Indian Evidence Act, 1872
Limitation Act, 1963

Headnote :

A. According to Sections 11(6) of the Arbitration and Conciliation Act, 1996 and Article 137 of the Limitation Act, 1963, regarding the payment of outstanding dues and the application for the appointment of an arbitrator, the claim was found to be barred by limitation. It was determined that, as per...

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THE STATE OF MAHARASHTRA vs. M/S MOTI RATAN ESTATE

Citation : 2019 Latest Caselaw 803 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Gandhi Grah Nirman Sahkari Samiti Ltd. Vs. State of Rajasthan & Ors [1993] INSC 164 (30 March 1993)
Sangappa Gurulingappa Sajjan Vs. State of Karnataka [1993] INSC 515 (3 December 1993)

Headnote :

IMPORTANTThe stay of action or proceedings by certain landholders that prohibits or prevents State authorities from issuing an award within the statutory two-year period from the declaration also applies to similar cases involving other landholders or interested parties.Land Acquisition Act, 1894 Se...

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JAGBIR SINGH vs. STATE (NCT OF DELHI)

Citation : 2019 Latest Caselaw 804 SC

Hindu Succession Act, 1956
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 506. Punishment for criminal intimidation

Headnote :

IMPORTANTMultiple Dying Declarations - It is not a legal requirement for the Court to always favor incriminating statements and dismiss those that do not implicate the accused. The key issue is to determine which statement reflects the truth.A. Evidence Act, 1872 Section 32 - Principles regarding dy...

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THE STATE OF UTTAR PRADESH vs. AMAN MITTAL

Citation : 2019 Latest Caselaw 805 SC

CrPC Section 153. Inspection of weights and measures
CrPC Section 190. Cognizance of offences by Magistrates
Essential Commodities Act, 1955
Essential Commodities Act, 1955
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 188. Disobedience to order duly promulgated by public servant
IPC Section 267. Making or selling false weight or measure
IPC Section 294. Obscene acts and songs
IPC Section 328. Causing hurt by means of poison, etc., with intent to commit an offence
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 415. Cheating
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record
Legal Metrology Act, 2009
Negotiable Instruments Act, 1881
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

State of Bihar Vs. Murad Ali Khan & Ors [1988] INSC 316 (10 October 1988)

Headnote :

IMPORTANTNo individual can be prosecuted for offenses related to weight or measure under Chapter XIII of the IPC due to the provisions of the Legal Metrology Act.IMPORTANTThe High Court, when exercising its jurisdiction under Section 482 of the Code, cannot intervene in the investigation process.A....

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PREM SINGH vs. THE STATE OF UTTAR PRADESH SECRETARY

Citation : 2019 Latest Caselaw 806 SC

Constitution of India
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Factories Act, 1948
Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

Jaswant Singh & Ors Vs. Union of India & Ors [1979] INSC 161 (29 August 1979)

Headnote :

According to Rule 3(8) of the U.P. Retirement Benefit Rules, 1961, and Regulation 370 of the Uttar Pradesh Civil Services Regulations, the provision in Regulation 370 has been annulled. Consequently, the service rendered by employees in work charge establishments will now be recognized as qualifying...

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M.C. MEHTA vs. UNION OF INDIA (SC)

Citation : 2019 Latest Caselaw 807 SC

Constitution of India

Headnote :

NOTICEEncroachers on pavements are given a 15-day notice to remove their encroachments. If they fail to comply, the Municipal Authority will remove the encroachments at the encroacher\'s expense, which will be collected as arrears of land revenue.A. Constitution of India, 1950 Article 32; Motor Vehi...

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P. CHIDAMBARAM vs. DIRECTORATE OF ENFORCEMENT

Citation : 2019 Latest Caselaw 808 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 161. Examination of witnesses by police
CrPC Section 172. Diary of proceeding in investigation
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 26. Reason to believe
IPC Section 420. Cheating and dishonestly inducing delivery of property
Narcotic Drugs and Psychotropic Substances Act, 1985
Prevention of Corruption Act, 1988

Santosh S/O Dwarkadas Fafat Vs. The State of Maharashtra [OCTOBER 10, 2017]
Sudhir Vs. The State of Maharashtra and another [October 01, 2015]

Headnote :

A. Criminal Procedure Code, 1973 Section 438; Indian Penal Code, 1860 Section 120B in conjunction with Section 420; Prevention of Corruption Act, 1988 Sections 13(2) and 13(1)(d); Prevention of Money Laundering Act, 2002 Sections 3 and 4 - Anticipatory bail - Denied - The appellant is accused of mis...

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COMMISSIONER OF CUSTOMS, BANGALORE I vs. M/S MOTOROLA INDIA LTD.

Citation : 2019 Latest Caselaw 809 SC

Code of Civil Procedure, 1908 (CPC)
Customs Act, 1962
Customs Tariff Act, 1975
Finance Act, 2018

Headnote :

A. Under Sections 130 and 130E of the Customs Act, 1962, the jurisdiction to hear appeals states that an appeal can be made to the High Court against any order issued by the Appellate Tribunal, provided the High Court is convinced that the case presents a substantial question of law. However, appeal...

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DR ASHWINI KUMAR vs. UNION OF INDIA MINISTRY OF HOME AFFAIRS

Citation : 2019 Latest Caselaw 810 SC

Constitution of India
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Criminal Laws
Indian Penal Code, 1860 (IPC)
IPC Section 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property
M.P. Municipal Corporation Act, 1956

Kalpana Mehta and others Vs. Union of India and others [MAY 09, 2018]
Tehseen S. Poonawalla Vs. Union of India and Others [July 17, 2018]
Kalpana Mehta and Others Vs. Union of India and Others [April 05, 2017]
Rosiline George Vs. Union of India [1993] INSC 420 (11 October 1993)
K. Veeraswami Vs. Union of India & Ors [1991] INSC 164 (25 July 1991)
Lakshmi Kant Pandey Vs. Union of India [1984] INSC25 (6 February 1984)
Francis Coralie Mullin Vs. The Administrator, Union Territory of Delhi & Ors [1981] INSC 12 (13 January 1981)
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

IMPORTANTThe Court, in exercising its power of judicial review, cannot instruct the Legislature to create laws.A. Constitution of India, 1950 Articles 141 and 142 Legislation - The Court\'s Authority - The role of a judge includes a legitimate aspect of law-making within certain boundaries. A judge...

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M/S AVINASH HITECH CITY 2 SOCIETY vs. BODDU MANIKYA MALINI

Citation : 2019 Latest Caselaw 811 SC

Andhra Pradesh Societies Registration Act, 2001
Arbitration and Conciliation Act, 1996

Headnote :

Arbitration and Conciliation Act, 1996 Section 8; Andhra Pradesh Societies Registration Act, 2001, Section 23 - Dispute over rent share - Referral to arbitrator - Landowners established a Society for land development - The Society was designated as a co-developer for the SEZ alongside the Developer...

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UNION OF INDIA vs. BALWANT SINGH

Citation : 2019 Latest Caselaw 812 SC

Headnote :

According to Section 3 G (5) of the National Highways Act, 1956, Section 25 of the Land Acquisition Act, 1894, and Section 37 of the Arbitration Act, 1996, a challenge to the award under the NH Act pertains to jurisdiction. The award issued by the Land Acquisition Officer under the Land Acquisition...

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NATIONAL INSURANCE COMPANY LTD vs. SATISH KUMAR VERMA

Citation : 2019 Latest Caselaw 813 SC

Headnote :

A. Under the Motor Vehicles Act, 1988, Sections 168 and 173 regarding Compensation - The Indian Institute of Technology has issued a certificate confirming that the deceased was receiving a consolidated fellowship as Fellow-\'A\'. The High Court\'s decision to include the fellowship of Rs. 12,000/-...

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VASHDEO R BHOJWANI vs. ABHYUDAYA CO OPERATIVE BANK LTD

Citation : 2019 Latest Caselaw 814 SC

Headnote :

Insolvency and Bankruptcy Code, 2016 Section 7 Limitation Act, 1963, Article 137 - Initiation of corporate insolvency resolution process by a financial creditor - Limitation - The right to initiate legal action arises when a default occurs - If the default happened more than three years before the a...

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PRAKASH SAHU vs. SAULAL

Citation : 2019 Latest Caselaw 815 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

Section 49 of the Registration Act, 1908 - Evidentiary Value of Unregistered Agreements - An unregistered sale agreement can be considered for collateral purposes. The High Court erred in ruling that an unregistered document could not be used for collateral purposes. The order has been overturned.[P...

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RAJA RAM vs. JAI PRAKASH SINGH

Citation : 2019 Latest Caselaw 816 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Indian Evidence Act, 1872
Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Subhas Chandra Das Mushib Vs. Ganga Prosad Das Mushib & Ors [1966] INSC 164 (14 September 1966)

Headnote :

IMPORTANTContract - \'Undue Influence\' Cannot Be Assumed Solely Because a Family Member Cared for an Elderly Individual.A. Indian Contract Act, 1872 Section 14; Evidence Act, 1872 Section 111 - Undue Influence - The plaintiff claimed that the defendant acquired a sale deed from their father through...

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SURINDER KAUR (D) TR.LR vs. BAHADUR SINGH(D) TR.LRS.

Citation : 2019 Latest Caselaw 817 SC

Specific Relief Act, 1963

Headnote :

IMPORTANTSpecific Performance of Contract - Discretionary relief may be denied if a party fails to fulfill a crucial obligation in the contract.Contract Act, 1872 Section 51; Specific Relief Act, 1963 Sections 16(c) and 20 - Specific Performance of Contract - In the case of an agreement to sell, can...

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M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD vs. UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FOREST

Citation : 2019 Latest Caselaw 818 SC

Headnote :

Environmental Protection and Pollution Control - Construction - Environmental clearance - The sole issue in the application is whether the failure to consider the judgment from the three-Judge Bench in the case of Re: Construction of Park at Noida Near Okhla Bird Sanctuary & Ors. (2011) 1 SCC 74...

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GANPATI BABJI ALAMWAR (D) BY LRS vs. DIGAMBARRAO VENKATRAO BHADKE AND ORS.

Citation : 2019 Latest Caselaw 819 SC

Limitation Act, 1963
Transfer of Property Act, 1882

Headnote :

Transfer of Property Act, 1882 Section 58(c) Limitation Act, 1963, Article 61(a) - Mortgage through conditional sale - Redemption - The plaintiffs acquired daily essentials from the defendant\'s shop on credit, leading to an outstanding amount after account verification. They executed a conditional...

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BAJARANG SHYAMSUNDER AGARWAL vs. CENTRAL BANK OF INDIA

Citation : 2019 Latest Caselaw 820 SC

Maharashtra Rent Control Act, 1999
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Section 107. TPA, Leases how made.
Section 65A. TPA, Mortgagor’s power to lease.

Headnote :

IMPORTANTProtection under the SARFAESI Act is not available to a \'Tenant-in-Sufferance\' - \"If any tenant asserts a right to possession of a secured asset for a duration exceeding one year, this claim must be substantiated by a registered instrument.\"A. Under the Securitisation and Reconstruction...

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M/S SHREE VISHAL PRINTERS LTD. ETC. ETC vs. REGIONAL PROVIDENT FUND COMMISSIONER

Citation : 2019 Latest Caselaw 821 SC

Central Sales Tax Act, 1956
Factories Act, 1948
Income Tax Act, 1961
Industrial Disputes Act, 1947

Headnote :

A. Under Section 16 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the exemption from the Act\'s provisions is intended for new establishments. This Act is designed to be beneficial, and the initial exemption period of five years, later reduced to three years, was meant to...

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BHAVYANATH REPRESENTED BY POWER OF ATTORNEY HOLDER vs. K.V. BALAN (DEAD) THROUGH LRS.

Citation : 2019 Latest Caselaw 822 SC

Constitution of India

Headnote :

IMPORTANTIn a case for specific performance, the purchaser does not need to demonstrate that he had cash available from the date of the agreement until the relevant date. What matters is that he had the capacity to complete the transaction.A. Specific Relief Act, 1963 Section 16(c) Specific performa...

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GENERAL MANAGER, ELECTRICAL RENGALI HYDRO ELECTRIC PROJECT vs. SRI GIRIDHARI SAHU

Citation : 2019 Latest Caselaw 823 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Contract Act, 1872
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Industrial Disputes Act, 1947

Syed Yakoob Vs. K.S. Radhakrishnan & Ors [1963] INSC 201 (7 October 1963)
Dharangadhara Chemical Works Ltd. Vs. State of Saurashtra [1956] INSC 74 (23 November 1956)

Headnote :

IMPORTANTCertiorari may be granted when a clear jurisdictional error is established.A. Constitution of India, 1950 Article 226 Writ of certiorari - Scope - An erroneous decision regarding a matter within the Tribunal\'s authority does not automatically qualify the writ applicant for a writ of certio...

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MOHAN CHANDRA TAMTA (DEAD) THR. LRS vs. ALI AHMED (D) THR LRS

Citation : 2019 Latest Caselaw 824 SC

Headnote :

IMPORTANTTenants are considered tenants regardless of who the landlord is, and they cannot contest the determination of ownership that does not directly involve them.According to Article 136 of the Constitution of India, 1950 - Challenge by tenant - The plaintiff acquired ownership of the property i...

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SERIOUS FRAUD INVESTIGATION OFFICE vs. NITTIN JOHARI

Citation : 2019 Latest Caselaw 825 SC

Companies Act, 2013
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
Maharashtra Control of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Narcotic Drugs and Psychotropic Substances Act, 1985
Prevention of Money Laundering Act, 2002

Headnote :

IMPORTANTEconomic offenses are distinct and require a unique approach when considering bail.A. Companies Act, 2013 Sections 212(6) and 447 - Fraud related to company affairs - Bail limitations - The limitations under Section 212(6) of the Companies Act regarding bail are in addition to those specifi...

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THE STATE OF RAJASTHAN vs. TRILOK RAM

Citation : 2019 Latest Caselaw 826 SC

Rajasthan Panchayati Raj Act, 1994
Rajasthan Panchayati Raj Rules, 1996
Right of Children to Free and Compulsory Education Act, 2009

State of Rajasthan Vs. Mangilal Pindwal [1996] INSC 769 (8 July 1996)

Headnote :

A. Amendment of Provisions - Impact - An amendment that results in the substitution of a provision essentially accomplishes two tasks: firstly, the provision being replaced is repealed; secondly, there is a re-enactment through the newly introduced provisions.[Para 16]B. Rajasthan Panchayati Raj Rul...

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THE BIHAR STATE HOUSING BOARD vs. RADHA BALLABH HEALTH CARE AND RESEARCH INSTITUTE (P) LTD

Citation : 2019 Latest Caselaw 827 SC

Constitution of India

Headnote :

IMPORTANTNo legal or equitable claim exists for the allotment of any plot solely based on the fact that the applicant applied for it earlier.IMPORTANTNo public property may be sold without proper advertisement and without providing eligible individuals the opportunity to apply.IMPORTANTThe Board ret...

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S. BHASKARAN vs. SEBASTIAN (DEAD) BY LRS. AND ORS.

Citation : 2019 Latest Caselaw 828 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

IMPORTANTThe executing court cannot exceed the limits of the order or decree it is enforcing.Civil Procedure Code, 1908 Section 47 - Issue of trusteeship of temple - Dismissal of Execution petition - It was determined that the executing court cannot go beyond the order or decree being executed. The...

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UNION OF INDIA vs. SANDEEP KUMAR

Citation : 2019 Latest Caselaw 829 SC

Armed Forces Tribunal Act, 2007
Army Act, 1950
CrPC Section 164. Recording of confessions and statements
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)

Jai Dev Vs. The State of Punjab [1962] INSC 219; Air 1963 Sc 612; 1962 (3) Scr 489 (30 July 1962)

Headnote :

IMPORTANTThe Army Force Tribunal does not have the authority to overturn the findings of a Court Martial simply because it believes an alternative perspective is possible.According to the Armed Forces Tribunal Act, 2007, Sections 15 and 30, and Army Rules, Rule 58 - concerning the Indian Penal Code,...

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JOSE PAULO COUTINHO vs. MARIA LUIZA VALENTINA PEREIRA .

Citation : 2019 Latest Caselaw 830 SC

Goa, Daman and Diu (Administration) Act, 1962
Hindu Succession Act, 1956
Indian Succession Act, 1925
Limitation Act, 1963
Muslim Personal Law (Shariat) Application Act, 1937

Headnote :

IMPORTANTThe Portuguese Civil Code, as it applies in the State of Goa, governs the rights of succession and inheritance for properties belonging to Goan domiciles, even if those properties are located outside of Goa, anywhere in India.A. Portuguese Civil Code, 1867, Articles 24 and 1784 - Applicabil...

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KARNATAKA POWER TRANS.CORP. LTD. vs. SRI C NAGARAJU

Citation : 2019 Latest Caselaw 831 SC

Prevention of Corruption Act, 1988

Headnote :

IMPORTANTAn acquittal by a Criminal Court does not prevent a Departmental Inquiry against a delinquent officer.According to the Employees Service (Conduct) Regulation Rules, 1988, Rule 3(1)(i) & (iii) and the Karnataka Electricity Board Employees (Classification, Discipline, Control and Appeal) Regu...

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PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY vs. VIDYA CHETAL

Citation : 2019 Latest Caselaw 832 SC

Consumer Protection Laws

Headnote :

IMPORTANTConsumer forums have the authority to resolve disputes related to the imposition of statutory dues resulting from a \"deficiency in service\".According to Sections 2(g) and (o) and 23 of the Consumer Protection Act, 1986, the demand for a composition fee and extension fee by the Development...

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M/S WOMB LABORATORIES PVT. LTD vs. VIJAY AHUJA (SC)

Citation : 2019 Latest Caselaw 833 SC

Negotiable Instruments Act, 1881

Headnote :

IMPORTANTThe transfer of security cheques does not absolve the accused from their liability.According to Section 138 of the Negotiable Instruments Act, 1881, the mere act of handing over security cheques does not relieve the accused from the obligation arising from those cheques. Consequently, the d...

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KRISHAN CHANDER vs. THE STATE OF HARYANA

Citation : 2019 Latest Caselaw 834 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Land Acquisition Act, 1894 Section 48 Non-utilization of Land - Release - Landowners argued that the land acquired has not been used for the intended purpose - Several other parcels of land acquired for the same purpose have been removed from the acquisition process - The landowners requested that t...

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SRI GANAPATHI DEV TEMPLE TRUST vs. BALAKRISHNA BHAT (D) THR. LRS.

Citation : 2019 Latest Caselaw 835 SC

Karnataka Land Reforms Act, 1961
Karnataka Land Revenue Act, 1964

Headnote :

CRUCIALIt is the bounden duty of the archaka to safeguard temple property and they cannot appropriate such property for personal gain.Karnataka Land Reforms Act, 1961, Section 2(34) - Karnataka Land Revenue Act, 1964, Section 133 - Regarding Temple Property - Removal of Temple Trust\'s name - Mutati...

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IFCI LTD vs. SANJAY BEHARI

Citation : 2019 Latest Caselaw 836 SC

United India Insurance Co. Ltd. [JULY 02, 2018]
D.S. Nakara & Ors Vs. Union of India [1982] INSC 103 (17 December 1982)

Headnote :

IMPORTANTAn employee who chooses the Voluntary Retirement Scheme (VRS) effectively ends their service by mutual agreement and is not eligible for retrospective pay revision benefits, which are intended solely for current employees.A. According to the Industrial Finance Corporation of India Ltd Pensi...

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K. ARJUN DAS vs. COMMISSIONER OF ENDOWMENTS, ORISSA

Citation : 2019 Latest Caselaw 837 SC

Constitution of India
Orissa Hindu Religious Endowments Act, 1951
Orissa Hindu Religious Endowments Rules, 1959

Headnote :

According to Section 19 of the Orissa Hindu Religious Endowments Act, 1951, regarding religious endowments and the sale of land, permission was sought on behalf of a deity to sell 4.225 decimals of land. The Commissioner of Endowments noted that the appellant had been a tenant and in possession of 2...

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ALI HUSSAIN (D) THR. LRS vs. RABIYA

Citation : 2019 Latest Caselaw 838 SC

Mst. Kharbuja Kuer Vs. Jangbahadur Rai [1962] INSC 130 (9 April 1962)

Headnote :

Evidence Act, 1872 Sections 101 and 102; Specific Relief Act, 1963 Section 31 - Lawsuit for the annulment of a sale deed - Burden of proof - The plaintiff sought to annul the sale deed, claiming it was executed based on a forged power of attorney. The plaintiff did not assert in the complaint that s...

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SITA RAM (DEAD) THROUGH LRS vs. BHARAT SINGH (DEAD) THROUGH LRS.

Citation : 2019 Latest Caselaw 839 SC

Constitution of India
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Sections 161 and 167 - Uttar Pradesh Consolidation of Holdings Act, 1953, Section 9A(2) - Land Exchange - Implications of executing without authorization - The original tenure holder sold the disputed land to C, and the sale deed was deem...

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MAHESHWARY HANDLING AGENCY PVT. LTD vs. BOARD OF TRUSTEES OF KANDLA PORT TRUST AND ORS.

Citation : 2019 Latest Caselaw 840 SC

Constitution of India
Customs Act, 1962
Delegation of Powers
Delegation of Powers
Major Port Trusts Act, 1963

Headnote :

Major Port Trust Act, 1963, Sections 47A, 48, and 49 - Circular establishing a time limit for storage - Authority of the Traffic Manager - The appellant contested the circular stating that any individual utilizing the storage facility for over sixty days would be considered as occupying it without a...

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PRADEEP SINGH DEHAL vs. THE STATE OF HIMACHAL PRADESH

Citation : 2019 Latest Caselaw 841 SC

Constitution of India

Tariq Islam Vs. Aligarh Muslim University & Ors [2001] INSC533 (9 October 2001)

Headnote :

IMPORTANTThe practice of holding separate interviews for the positions of Assistant Professor for the general and OBC categories is entirely unlawful.According to Articles 14 and 16 of the Constitution of India, 1950, the selection process is deemed illegal. The High Court has instructed the Univers...

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MUNICIPAL COUNCIL NEEMUCH vs. MAHADEO REAL ESTATE

Citation : 2019 Latest Caselaw 842 SC

Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)

Headnote :

IMPORTANTThe High Court cannot intervene in the decision-making process unless there is evidence of procedural impropriety.A. According to Section 109 of the Madhya Pradesh Municipality Act, 1961, and Rule 3 of the Municipal Corporation (Transfer of Immovable Property) Rules, 1994, any land valued o...

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RITU SAXENA vs. J.S. GROVER

Citation : 2019 Latest Caselaw 843 SC

Constitution of India

Sukhbir Singh & Ors Vs. Brij Pal Singh & Ors [1996] INSC 719 (10 May 1996)
Sukhbir Singh & Ors Vs. Brij Pal Singh & Ors [1996] INSC 730 (10 May 1996)

Headnote :

IMPORTANTSpecific Performance - Readiness and Willingness - Assessment of Financial Capacity by Bank for Previous Loan Not Adequate Proof of Current Financial Capability.A. Specific Relief Act, 1963 Section 16 - Specific Performance of Contract - Agreement to Sell - The only document the appellant r...

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ITC LTD vs. COMMISSIONER OF CENTRAL EXCISE, KOLKATA IV

Citation : 2019 Latest Caselaw 844 SC

Central Excise Act, 1944
Customs Act, 1962
Customs Tariff Act, 1975

Madras Rubber Factory Ltd. Vs. The Union of India & Ors [1975] INSC 297 (3 December 1975)

Headnote :

IMPORTANTA refund claim cannot be processed unless the assessment order or self-assessment is legally modified through the appropriate procedures.According to the Customs Act, 1962 Section 27, Central Excise Act, 1944 Section 11(b), and Customs Tariff Act, 1975, Section 3(1) - If there is no challen...

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VASANT GANPAT PADAVE(D) BY LRS vs. ANANT MAHADEV SAWANT (DEAD) THRU LRS.

Citation : 2019 Latest Caselaw 845 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Central Sales Tax Act, 1956
Constitution of India
Criminal Procedure Code, 1973
Haryana Urban (Control of Rent and Eviction) Act, 1973
Income Tax Act, 1961
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Maharashtra Tenancy and Agricultural Lands Act, 1948
Protection of Women From Domestic Violence Act, 2005
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Anna Bhau Magdum Vs. Babasaheb Anandrao Desai [1995] INSC 320 (20 July 1995)
Sri Ram Ram Narain Medhi Vs. The State of Bombay [1958] INSC 116; (18 November 1958)
Ramaswamy Nadar Vs. The State of Madras [1957] INSC 82 (11 October 1957)
Tirath Singh Vs. Bachittar Singh & Ors [1955] INSC 38 (15 September 1955)

Headnote :

IMPORTANTThe classification favoring tenants of minor landlords over those of other landlord categories is arbitrary - This classification violates Article 14.A. Maharashtra Tenancy and Agricultural Lands Act, 1948, Sections 31, 32F and 32G - Notification Requirement - Timeline - As of the tiller da...

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