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Director of Horticulture, Odisha v. Pravat Kumar Dash

Citation : 2019 Latest Caselaw 701 SC

Headnote :

The Constitution of India, 1950, Article 311, and the Orissa Civil Services Rules, 1962.
Venkitalakshmi v. K. Raju

Citation : 2019 Latest Caselaw 706 SC

Headnote :

According to Article 136 of the Constitution of India, 1950, and Section 16(c) of the Specific Relief Act, 1963, the High Court determined that the Plaintiff did not demonstrate that the deadline for completing the transaction was extended. This finding is not erroneous. Once the notion that the tim...
Ashok Kumar v. Depinder Singh Dhesi

Citation : 2019 Latest Caselaw 707 SC

Headnote :

The Contempt of Courts Act, 1971, Section 2(b), addresses noncompliance with court orders. It was determined that degrees obtained through Distance Education Mode were not legally valid. However, students who enrolled between 2001 and 2005 were granted two opportunities to demonstrate their qualific...
Assam Public Works v. Union of India

Citation : 2019 Latest Caselaw 708 SC

Headnote :

The Citizenship Act of 1955, specifically Sections 3 and 6A, along with the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003, Rule 4A, pertains to the creation of the National Register of Indian Citizens in Assam. In its order dated July 23, 2019, the Court refe...
Nareshbhai Bhagubhai v. Union of India

Citation : 2019 Latest Caselaw 709 SC

Headnote :

A. Under Section 20 of the Railways Act, 1989 and Section 20(D) of the Railways (Amendment) Act, 2008, regarding acquisition proceedings, it is noted that objections must be properly addressed. The oral communication of orders and notes made on internal files do not fulfill the legal requirements. T...
The Principal Commissioner of Income Tax-4, Mumbai v. M/s. S.G. Asia Holdings (India) Pvt. Ltd.

Citation : 2019 Latest Caselaw 710 SC

Headnote :

The Income Tax Act of 1961, specifically Sections 92 and 143(3), pertains to transfer pricing and additional assessments. The respondent received a certain amount of brokerage from its parent company. During the assessment proceedings, the respondent was instructed to provide details regarding the p...
Thankamony Amma v. Omana Amma N.

Citation : 2019 Latest Caselaw 711 SC

Headnote :

The Kerala Buildings (Lease and Rent Control) Act of 1965, Section 20, addresses the relationship between landlord and tenant. It clarifies that when the High Court is exercising its revisional powers, it is not permitted to reassess the evidence or the concurrent findings made by the lower courts....
Madhukar Nivrutti Jagtap v. Smt. Pramilabai Chandulal Parandekar

Citation : 2019 Latest Caselaw 712 SC

Headnote :

A. Under Section 52 of the Transfer of Property Act, 1882, the principle of lis pendens does not render transactions occurring during the pendency of a lawsuit illegal or void from the outset. Instead, the doctrine of lis pendens serves to ensure that such transactions are subordinate to the rights...
Thankamony Amma v. Omana Amma N.

Citation : 2019 Latest Caselaw 713 SC

Headnote :

Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 - Kerala Land Reforms Act, 1963.[Paragraph]
Venkitalakshmi v. K. Raju

Citation : 2019 Latest Caselaw 714 SC

Headnote :

Article 136(1) of the Constitution of India, 1950.
Commissioner of Income Tax v. Laxman Das Khandelwal

Citation : 2019 Latest Caselaw 715 SC

Headnote :

According to Sections 132 and 143(2) of the Income Tax Act, 1961, a reassessment can be challenged on the basis that the Assessing Officer did not have jurisdiction due to the absence of a Notice. If the Assessing Officer, in rejecting a return filed under Section 158 BC(a), conducts an inquiry, he...
The Principal Commissioner of Income Tax-4, Mumbai v. M/s. S.G. Asia Holdings (India) Pvt. Ltd.

Citation : 2019 Latest Caselaw 716 SC

Headnote :

Section 143(3) of the Income Tax Act, 1961.[Paragraph]
Assam Public Works v. Union of India

Citation : 2019 Latest Caselaw 718 SC

Headnote :

The Citizenship Act of 1955, Section 3 (1)(a), along with the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, specifically Rule 4A.
Commissioner of Income Tax v. Laxman Das Khandelwal

Citation : 2019 Latest Caselaw 719 SC

Headnote :

According to Sections 132 and 143(2) of the Income Tax Act, 1961, a reassessment can be challenged on the basis that the Assessing Officer did not have jurisdiction due to the absence of a Notice. If the Assessing Officer, in rejecting a return filed under Section 158 BC(a), conducts an inquiry, he...
Kum C. Yamini v. State of Andhra Pradesh

Citation : 2019 Latest Caselaw 721 SC

Headnote :

According to Rule 9 of the A.P. State Judicial Service Rules, 2007, seniority is determined from the date of initial appointment as an ad hoc District Judge. It was determined that the claim for seniority is influenced by various factors, including the nature of the appointment, the rules governing...
Vinod Singh Negi v. State of Uttar Pradesh

Citation : 2019 Latest Caselaw 722 SC

Headnote :

Indian Penal Code, 1860 Sections 302 and 34 - Murder - Bail pending appeals - The High Court did not provide justification for granting bail - The complainant and the State have submitted new evidence against the accused for the first time in the appeals, revealing the criminal history of the accuse...
Asst. Provident Fund Commissioner EPFO, Bareilly v. M/s U.P. State Warehousing Corp.

Citation : 2019 Latest Caselaw 723 SC

Headnote :

The Employees Provident Funds and Miscellaneous Provisions Act of 1952, specifically Sections 2F and 7A, addresses the determination of funds owed by employers. The question arises whether workers engaged in loading and unloading activities in warehouses are entitled to benefits under this Act. If t...
State of Rajasthan v. Shiv Dayal

Citation : 2019 Latest Caselaw 724 SC

Headnote :

Mining Operations - Permanent Injunction against the State - Dismissal of the second appeal due to the absence of a substantial question of law in the appeals - It was determined that if one or more grounds are established in a suitable case based on the pleadings and evidence, such grounds will qua...
State of Jharkhand v. Gopal Prasad Mandal

Citation : 2019 Latest Caselaw 725 SC

Headnote :

Appeal - Road construction - Contempt petition - Dismissal of objections - The purpose of the Public Interest Litigation (PIL) was to guarantee the timely construction of the associated road, which has been completed, albeit at a different location due to an agreement among the villagers. The road w...
Udiya v. State of Madhya Pradesh

Citation : 2019 Latest Caselaw 726 SC

Headnote :

The Indian Penal Code, 1860, Section 302, pertains to the murder of a brother in a case involving a sudden altercation between two siblings. During the struggle, the accused picked up a stone and struck the deceased. According to the eyewitness, the deceased\'s wife, she arrived at their home and re...
Joginder Singh v. ICICI Lombard General Insurance Company

Citation : 2019 Latest Caselaw 728 SC

Headnote :

A. Under Section 166 of the Motor Vehicles Act, 1988, regarding death in an accident, the multiplier for calculating compensation must be based on the age of the deceased. In this case, the deceased was 20 years old, so a multiplier of 18 is applicable instead of 11.[Para 4]B. In accordance with Sec...
State of Himachal Pradesh v. Kanshi Ram

Citation : 2019 Latest Caselaw 729 SC

Headnote :

The Land Acquisition Act of 1894 pertains to the acquisition of land for road construction. The court ruled that the compensation and interest on the total compensation should not be based on the market value due to a lack of documentary evidence. Additionally, the State alleged that a sale deed fro...
Kanwaljit Singh v. National Insurance Company Ltd.

Citation : 2019 Latest Caselaw 730 SC

Headnote :

Family Mediclaim Policy - Entitlement to 50% of the sum insured under an individual Mediclaim Policy - During the term of the Family Mediclaim Policy, the appellant\'s son became ill and required treatment at the Post Graduate Institute. It was determined that the total medical expenses or claims fo...
P.T. Sreenarayanan Unni & Ors. vs. State of Kerala & Ors.

Citation : 2019 Latest Caselaw 731 SC

Headnote :

The Private Forest (Vesting and Assignment) Act of 1971, Section 3, pertains to private forest land and its transfer to the State Government. The land in question falls under the definition of private forest as outlined in the Act. Consequently, these private forests were automatically transferred t...
Smt. Sunita Tokas vs. New India Insurance Co. Ltd.

Citation : 2019 Latest Caselaw 732 SC

Headnote :

A. Under Section 166 of the Motor Vehicles Act, 1988, when determining the multiplier, the age of the deceased is the primary consideration, not the ages of the dependents, which may differ. In this case, since the deceased was 21 years old, a multiplier of 18 is applicable.[Paras 4.3, 4.4, 4.6, 4.7...
Saleem Ahmed vs. State & Anr.

Citation : 2019 Latest Caselaw 733 SC

Headnote :

The Electricity Act of 2003, specifically Sections 135 and 152, addresses the issue of electricity theft. In this case, the FIR filed by the Enforcement Department officials of BSES against the appellant was quashed after the dispute was resolved in Lok Adalat. The appellant had made a full and fina...
ALPANA GUPTA vs. APG TOWERS PVT. LTD

Citation : 2019 Latest Caselaw 734 SC

Headnote :

Under Order 7, Rule 11 of the Civil Procedure Code, 1908, an application for the rejection of a plaint was made. The defenses raised by the defendants in this application do not correspond to any of the clauses outlined in Order 7, Rule 11. These defenses should have been presented by the defendants...
Bharat Sanchar Nigam Limited and Others vs. Pramod V. Sawant And Another

Citation : 2019 Latest Caselaw 735 SC

Headnote :

Section 197 of the Criminal Procedure Code, 1973 addresses the issue of taking cognizance against Public Sector Corporations. It states that employees of Public Sector Corporations do not qualify for the protection of sanction as public servants.[Para 15]
GURUVIAH vs. STATE REP. BY INSPECTOR OF POLICE

Citation : 2019 Latest Caselaw 736 SC

Headnote :

The Prevention of Corruption Act, 1988, specifically Sections 13(1)(d), 13(2), 12, and 20, addresses illegal gratification and presumption. The complainant sought to transfer an electric connection for the land in question into his name to qualify for a subsidy of Rs. 625 every six months. The villa...
SHAKEENA vs. BANK OF INDIA AND ORS

Citation : 2019 Latest Caselaw 737 SC

Headnote :

A. The Constitution of India, 1950, Article 136; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(4) and 17. Change in the rights of parties - Availability of argument - Debtors requested the annulment of the bank\'s auction sale on th...
ABDULLAKOYA HAJI vs. RUBIS THARAYIL

Citation : 2019 Latest Caselaw 738 SC

Headnote :

The Specific Relief Act of 1963, Section 16(c), addresses the specific performance of a sales agreement, focusing on the concepts of readiness and willingness. In this case, the plaintiffs filed a suit seeking the enforcement of an agreement with the defendants. The value of the land was calculated...
MUSTAFA vs. THE STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 739 SC

Headnote :

A. Under Sections 60 and 72(2) of the United Provinces Excise Act, 1910, the Collector has the authority to order the confiscation of any item or animal, regardless of whether a prosecution for the offense has been initiated. This means that the Collector\'s power to confiscate seized items or anima...
TILAK RAJ BAKSHI vs. AVINASH CHAND SHARMA(DEAD) THROUGH LRS.

Citation : 2019 Latest Caselaw 740 SC

Headnote :

A. According to Section 29 of the Indian Contract Act, 1872 and Section 93 of the Evidence Act, 1872, a contract may be deemed void if it is found to be vague and unenforceable, regardless of whether a plea has been raised regarding its validity. The court is permitted to examine the contract\'s ter...
ASSOCIATION OF MEDICAL SUPER SPECIALITY ASPIRANTS AND RESIDENTS vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 742 SC

Headnote :

A. According to Article 32 of the Constitution of India, 1950, regarding postgraduate medical and super-specialty courses, the imposition of compulsory bond conditions requiring a certain period of service at the time of admission falls under the jurisdiction of the State Government. It is acknowled...
SOUTH DELHI MUNICIPAL CORPORATION vs. M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC.

Citation : 2019 Latest Caselaw 743 SC

Headnote :

Section 169 of the Delhi Municipal Corporation Act, 1957, and Section 17 of the Madhya Bharat Sales Tax Act, 1950.
Hena Parween vs. State of Jharkhand & Ors.

Citation : 2019 Latest Caselaw 744 SC

Headnote :

The Constitution of India, 1950, Article 136 outlines the conditions for granting anticipatory bail. The petitioner expressed concern over a condition that limits her mobile phone usage. When asked why she consented to this condition, it was argued that no actual consent was provided. The petitioner...
P. S. MALIK vs. HIGH COURT OF DELHI

Citation : 2019 Latest Caselaw 745 SC

Headnote :

A. According to Rule 8 of the All India Services (Discipline and Appeal) Rules 1969 and Sections 4 and 11(4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, regarding allegations of sexual harassment and disciplinary proceedings, the petitioner claim...
AJITH K. vs. ANEESH K.S.

Citation : 2019 Latest Caselaw 746 SC

Headnote :

The Kerala Municipal Common Rules of 1967, Section 11, and the Kerala State and Subordinate Services Rules of 1958, Rule 10(a)(ii), pertain to the qualifications for the municipal common service. A notification was issued for various posts, followed by a common written test, and a list of selected c...
JAYANTIBHAI vs. MUNICIPAL COUNCIL NARKHED

Citation : 2019 Latest Caselaw 747 SC

Headnote :

Unlawful termination - Reinstatement without back pay - Denying back wages to an employee who has been harmed by the employer\'s illegal actions effectively punishes the employee while benefiting the employer by relieving them of the responsibility to pay back wages and other benefits. The allegatio...
PRAMOD SURYABHAN PAWAR vs. THE STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 748 SC

Headnote :

A. Under Section 482 of the Criminal Procedure Code, 1973, and Sections 376, 417, 504, and 506(2) of the Indian Penal Code, 1860, the issue of sexual relations based on a false promise of marriage is addressed. The quashing of the FIR indicates that a woman\'s \"consent\" in relation to Section 375...
M/S.SHREE DANESHWARI TRADERS vs. SANJAY JAIN

Citation : 2019 Latest Caselaw 749 SC

Headnote :

The Negotiable Instruments Act of 1881, specifically Sections 138 and 139, addresses the dishonor of cheques and the subsequent acquittal of the accused. According to Section 139, once a cheque is issued by the drawer, a presumption arises that it falls under the provisions of Section 138. This sect...
RAMESHWAR vs. THE STATE OF MADHYA PRADESH

Citation : 2019 Latest Caselaw 750 SC

Headnote :

The Indian Penal Code of 1860, Section 302 in conjunction with Section 34, pertains to murder and common intention. The conviction of the accused who fired the gunshot can be upheld with the support of Section 34 of the IPC. The presence of the co-accused has been corroborated by consistent eyewitne...
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