Caselaw | Supreme Court Judgements of 2019

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SECRETARY,GOVT OF INDIA vs. DHARAMBIR SINGH

Citation : 2019 Latest Caselaw 851 SC

Army Act, 1950

Madan Singh Shekhawat Vs. Union of India & Ors [1999] INSC 276 (17 August 1999)
Inder Singh & Ors Vs. Union of India [1993] INSC 239 (27 April 1993)

Headnote :

IMPORTANTA disability pension is only granted if the injury is either caused by or worsened due to military service. Activities performed by Army personnel on casual leave, such as household chores, do not have a causal link to military service.A. Casual leave - Disability pension - The respondent,...

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NARAIN SINGH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 852 SC

Army Rules, 1954

Headnote :

IMPORTANTHaving four red ink entries does not serve as a definitive boundary, the crossing of which would automatically deem the individual unfit or unworthy of remaining in the Army.According to Army Rules, 1954, Rule 13(3)(III)(v) - Four Ink Entries - Discharge from service - The mere existence of...

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UNION OF INDIA vs. TARSEM SINGH

Citation : 2019 Latest Caselaw 853 SC

Advocates Act, 1961
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Defence of India Act, 1962
Defence of India Act, 1971
Indian Electricity (Assam Amendment) Act, 1973
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Madras Race Club (Acquisition and Transfer of Undertaking) Act, 1986
National Highways Act, 1956
National Highways Act, 1956
National Highways Authority of India Act, 1988
Punjab Regional and Town Planning and Development Act, 1995
Requisitioning and Acquisition of Immovable Property Act, 1952
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Union of India Vs. Chajju Ram & Ors [2003] INSC 226 (16 April 2003)
Union of India Vs. Chajju Ram & Ors [2003] INSC 229 (16 April 2003)
Sunder Vs. Union of India [2001] Insc 495 (19 September 2001)
Tinsukhia Electric Supply Co. Ltd. Vs. State of Assam & Ors [1989] INSC 125 (13 April 1989)
Maharashtra State Electricity Board Vs. Thana Electric Supply Co. & Ors [1989] INSC 126 (13 April 1989)
Minerva Mills Ltd. & Ors Vs. Union of India & Ors [1986] INSC 183 (9 September 1986)
Prakash Amichand Shah Vs. State of Gujarat & Ors [1985] INSC 257 (20 December 1985)
Prakash Amichand Shah Vs. State of Gujarat [1981] INSC 126 (24 July 1981)
Minerva Mills Ltd. & Ors Vs. Union Of India & Ors [1980] INSC 141 (31 July 1980)
Balammal & Ors Vs. State of Madras & Ors [1968] INSC 121 (23 April 1968)
Akadasi Padhan Vs. State of Orissa [1962]347 (5 December 1962)

Headnote :

IMPORTANTProvisions of the Land Acquisition Act concerning solatium and interest - Relevant to land acquired under the National Highways Act.A. Solatium - Definition - Solatium is compensation provided to the landowner due to the necessity of relinquishing their land, often against their will, at a...

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GARGI vs. STATE OF HARYANA

Citation : 2019 Latest Caselaw 854 SC

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

Headnote :

IMPORTANTBenefit of Doubt - The Supreme Court acquits the \'Wife\' accused of murdering her \'Husband\' - It is unreasonable to believe that the accused could have hanged the deceased\'s body from the ceiling fan all by herself.A. Indian Penal Code, 1860 Section 302 Murder - Flaws in the investigati...

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UNION OF INDIA vs. M/S UNICORN INDUSTRIES

Citation : 2019 Latest Caselaw 855 SC

Additional Duties of Excise (Goods of Special Importance) Act, 1957
Central Excise Act, 1944
Customs Act, 1962
Finance Act, 2003

Headnote :

A. Under Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and Sub-section (1) of Section 5A of the Central Excise Act, 1944, the question arises whether the Union of India can be prevented from revoking the exemption from Excise Duty on tobacco products, which wa...

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THE STATE OF ODISHA vs. ANUP KUMAR SENAPATI

Citation : 2019 Latest Caselaw 856 SC

Constitution of India
General Clauses Act, 1897
Orissa Education Act, 1969

Doiwala Sehkari Shram Samvida Samiti Ltd. Vs. State of Uttaranchal & Ors [2006] Insc 946 (12 December 2006)
State of Haryana & Ors Vs. Ram Kumar & Ors [2004] Insc 148 (9 March 2004)
The State of Haryana & Ors Vs. Ram Kumar Mann [1997] INSC 193 (20 February 1997)

Headnote :

IMPORTANTThe repeal of a statute does not affect rights that have been acquired or accrued; it only impacts mere hopes or expectations of acquiring a right.IMPORTANTNegative equality cannot be claimed when a right does not exist.A. Orissa Education Act, 1969, Section 7C - Grant-in-aid - The Governme...

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SHRIRANG YADAVRAO WAGHMARE vs. THE STATE OF MAHARASHTRA AND ORS

Citation : 2019 Latest Caselaw 857 SC

Headnote :

A. Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, Rule 5 - Dismissal from service - Determination - The appellant, a Judicial Officer, faced allegations of having a relationship with a female lawyer, which purportedly influenced his judicial decisions in favor of her clients, includ...

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KOTAK MAHINDRA BANK LTD vs. SANJIV GUPTA

Citation : 2019 Latest Caselaw 858 SC

Security Interest (Enforcement) Rules, 2002

Headnote :

Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.[Paragraph]

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D. SASI KUMAR vs. SOUNDARARAJAN

Citation : 2019 Latest Caselaw 859 SC

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Headnote :

IMPORTANTThe critical date for determining the bona fide requirement of a landlord is the date of the eviction application, rather than the date of the final adjudication of rights.A. Under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Sections 10(3)(a)(iii) - Bona Fide Requirement -...

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THE AUTHORIZED OFFICER,INDIAN BANK vs. D. VISALAKSHI

Citation : 2019 Latest Caselaw 860 SC

Banking Regulation Act, 1949
Bombay Police Act, 1951
Bombay Police Act, 1951
Bombay Prevention of Gambling Act, 1887
Bombay Prevention of Gambling Act, 1887
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
Corrigendum
CrPC Section 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
CrPC Section 20. Executive Magistrates
CrPC Section 3. Construction of references
CrPC Section 8. Metropolitan areas
General Clauses Act, 1897
Limitation Act, 1963
National Housing Bank Act, 1987
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Section 111. TPA, Determination of lease.
Securities and Exchange Board of India Act, 1992
Securities and Exchange Board of India Act, 1992
Securities Contracts (Regulation) Act, 1956
Security Interest (Enforcement) Rules, 2002
Small Industries Development Bank of India Act, 1989
Transfer of Property Act, 1882

Hasham Abbas Sayyad Vs. Usman Abbas Sayyad & Ors [2006] Insc 941 (12 December 2006)
M/S. Unique Butyle Tube Industries Pvt. Ltd. Vs. U.P. Financial Corporation & Ors [2002] INSC 576 (20 December 2002)

Headnote :

Section 2(k) of the Criminal Procedure Code - Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.[Paragraph ]

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M/S. CANARA NIDHI LIMITED vs. M. SHASHIKALA

Citation : 2019 Latest Caselaw 861 SC

Arbitration and Conciliation (Amendment) Act, 2019
Arbitration and Conciliation Act, 1996
Constitution of India

Headnote :

CRUCIALIn exceptional circumstances, parties may be allowed to present additional evidence in applications made under Section 34 of the Arbitration Act.A. Under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an award - The introduction of additional evidence is generally not r...

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GOVINDBHAI CHHOTABHAI PATEL vs. PATEL RAMANBHAI MATHURBHAI

Citation : 2019 Latest Caselaw 862 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Succession Act, 1925
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Section 123. TPA, Transfer how effected.
Transfer of Property Act, 1882

Headnote :

A. Testamentary succession - Determining whether the property acquired by the beneficiary is ancestral or self-acquired - The father purchased the property, which is classified as self-acquired. He executed a Will in favor of his son, meaning the beneficiary will receive the property as self-acquire...

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SUBIR BOSE vs. INSPECTOR OF FACTORIES

Citation : 2019 Latest Caselaw 863 SC

Factories Act, 1948
Indian Penal Code, 1860 (IPC)
IPC Section 336. Act endangering life or personal safety of others

Headnote :

A. Under Section 92 of the Factories Act, 1948, regarding the operation of a factory without a license - Acknowledgment of the offense - A fire occurred on the factory premises - There were no casualties, except for one worker who suffered minor injuries and was discharged from the hospital the same...

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DINA NATH (D) BY LRS. vs. SUBHASH CHAND SAINI

Citation : 2019 Latest Caselaw 864 SC

Constitution of India
Delhi and Ajmer Rent Control Act, 1952
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

IMPORTANTThe Rent Controller\'s authority to dismiss a defense due to non-payment of rent is discretionary, not obligatory.A. According to Section 15(7) of the Delhi Rent Control Act, 1958 - In cases of non-payment of rent, simply failing to pay is insufficient to warrant the dismissal of a defense....

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NEVADA PROPERTIES PVT. LTD vs. THE STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 865 SC

Code of Civil Procedure, 1908 (CPC)
Criminal Procedure Code, 1973
CrPC Section 102. Power of police officer to seize certain property
CrPC Section 452. Order for disposal of property at conclusion of trial
CrPC Section 83. Attachment of property of person absconding
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 22. Moveable property
IPC Section 414. Assisting in concealment of stolen property
Prevention of Corruption Act, 1988
Sale of Goods Act, 1930

Teesta Atul Setalvad Vs. The State of Gujarat [December 15, 2017]
State of Maharashtra Vs. Tapas D. Neogy [1999] INSC 343 (16 September 1999)
N. Madhavan Vs. State of Kerala [1979] INSC 142 (7 August 1979)

Headnote :

IMPORTANTThe term \'any property\' in Section 102 of the Cr.P.C., 1973 does not encompass immovable property - A police officer lacks the authority to remove an individual from their occupation and take possession of immovable property for the purpose of seizing it.A. Criminal Procedure Code, 1973 S...

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KANCHAN DUA vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 866 SC

Army Act, 1950

Brij Mohan Lal Vs. Union of India & Ors [2002] INSC 254 (6 May 2002)

Headnote :

Sections 3 and 9 of the Army Act, 1950.[Paragraph]

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KAMLESH GUPTA vs. MANGAT RAI

Citation : 2019 Latest Caselaw 867 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Civil Procedure Code, 1908, Order 6, Rule 17 and Order 1, Rule 10 - Inclusion of necessary party - Amendment of lawsuit - Plaintiff mortgaged shop to defendant - In the redemption suit, the defendant asserted that a third party is in possession of the shop - The defendant mortgagee transferred posse...

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M.ABBAS HAJI vs. T.N.CHANNAKESHAVA

Citation : 2019 Latest Caselaw 868 SC

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

Headnote :

According to Section 138 of the Negotiable Instruments Act, 1881, the accused did not provide an explanation for how the cheque came into the possession of the complainant. During the cross-examination, the complainant was questioned about suggestions that he had access to the cheque because he visi...

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GAURAV HARGOVINDBHAI DAVE vs. ASSET RECONSTRUCTION COMPANY (INDIA) LTD

Citation : 2019 Latest Caselaw 869 SC

Headnote :

IMPORTANTThe limitation period for bankruptcy begins from the date of default, not from the date the Insolvency and Bankruptcy Code was enacted.According to Section 7 of the Insolvency and Bankruptcy Code, 2016 and Article 137 of the Limitation Act, 1963 - in the case of a money suit initiated by a...

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CHANDANA DAS(MALAKAR) vs. THE STATE OF WEST BENGAL AND OTHERS

Citation : 2019 Latest Caselaw 870 SC

Constitution of India
Gujarat University Act, 1949
Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006
West Bengal Board of Secondary Education Act, 1963

T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [2002] INSC 455 (31 October 2002)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [2002] INSC495 (25 November 2002)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [1996] INSC 935 (9 August 1996)
T.M.A. Pai Foundation Vs. State of Karnataka [1994] INSC 220 (5 April 1994)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [1994] INSC 323 (13 May 1994)

Headnote :

IMPORTANTThe language of instruction is not a determining factor in establishing whether a school was founded by a linguistic minority for the purpose of educating its community members.A. According to Article 30(1) of the Constitution of India, 1950, and Rule 28 of the Management of Recognised Non-...

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ANDHRA KESARI COLLEGE OF EDUCATION vs. THE STATE OF ANDHRA PRADESH AND ORS

Citation : 2019 Latest Caselaw 871 SC

Constitution of India

Headnote :

IMPORTANTThe criteria established for assessing the minority status of candidates seeking admission to the B. Ed. Course do not restrict or limit an individual\'s freedom to choose their religion.According to Article 30(1) of the Constitution of India, 1950, the Government Order (G.O.Ms) regarding t...

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JIGNESH SHAH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 872 SC

Companies (Transfer of Pending Proceedings) Rules, 2016
Constitution of India
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Kerala Revenue Recovery Act, 1968
Limitation Act, 1963
Presidency-Towns Insolvency Act, 1909

Headnote :

Companies Act, 1956 Sections 433 and 434; Limitation Act, 1963; Kerala Revenue Recovery Act, 1968, Section 17(3).[Paragraph]

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UNION OF INDIA vs. LT. COL. KULDEEP YADAV

Citation : 2019 Latest Caselaw 873 SC

Armed Forces Tribunal Act, 2007

Ranjit Thakur Vs. Union of India & Ors [1987] INSC 285 (15 October 1987)

Headnote :

According to Section 14(5) of the Armed Forces Tribunal Act, 2007, regarding disciplinary proceedings, the imposition of Severe Displeasure (Recordable) is under scrutiny. The individual in question had interactions with a foreign national and stayed at an army guest house with her, raising concerns...

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KRISHNAMURTHY S. SETLUR (DEAD) BY LRS vs. O.V.NARASIMHA SETTY(DEAD) BY LRS

Citation : 2019 Latest Caselaw 874 SC

Limitation Act, 1963

Headnote :

IMPORTANTThe plea of adverse possession can serve as both a means of attack and a means of defense, functioning as both a sword and a shield.Adverse possession - Claim for title - KS asserted that he acquired land through his power of attorney, HR. KS\'s claim of being the rightful owner of the land...

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MD.ABRAR vs. MEGHALAYA BOARD OF WAKF

Citation : 2019 Latest Caselaw 875 SC

Indian Succession Act, 1925

Headnote :

IMPORTANTUpon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli of the waqf property. There is no legal principle that prevents cognatic heirs of the waqif from succeeding to the position of mutawalli.A. Indian Succession Act, 1925 Section 205A Waqf propert...

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DIRECTOR OF ELEMENTARY EDUCATION, ODISHA DIRECTOR vs.SRI PRAMOD KUMAR SAHOO

Citation : 2019 Latest Caselaw 876 SC

Headnote :

According to Clause 6 of the Orissa Revised Scales of Pay (Amendment) Rules, 1990, the pay scale of Rs. 1080/- is designated for Trained Intermediate Arts Teachers. The respondent held an intermediate qualification at the time of appointment and was pursuing a B.A. examination while serving as a Pri...

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LEELADHAR (D) THR. LRS vs. VIJAY KUMAR (D) THR. LRS

Citation : 2019 Latest Caselaw 877 SC

Specific Relief Act, 1963

Headnote :

A. Under Section 20(2)(c) of the Specific Relief Act, 1963, regarding a suit for specific performance of a contract - the court has discretion to grant a decree. The agreement to sell was duly registered, and earnest money was paid as part of the total consideration. The remaining balance was settle...

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NARAYNAMMA vs. GOVINDAPPA

Citation : 2019 Latest Caselaw 878 SC

Karnataka Land Reforms Act, 1961

Nathu Prasad Vs. Ranchhod Prasad & Ors [1969] INSC 268 (6 October 1969)

Headnote :

A. Under Section 61 of the Karnataka Land Reforms Act, 1961 - Regarding the grant of land - The validity of a sale agreement made before the expiration of the prohibition period - Land was granted to the grantee under the Land Reform Act with a restriction against alienation for 15 years. The grante...

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SYEDA NAZIRA KHATOON (D) BY LR vs. SYED ZAHIRUDDIN AHMED BAGHDADI AND OTHERS

Citation : 2019 Latest Caselaw 879 SC

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

Headnote :

IMPORTANTIf the Wakif intends to exclude females, they cannot serve as Mutawallis of the wakf.A. Mutawalli\'s Office - Right to Transfer - A Mutawalli does not possess the general authority to assign or transfer their office to another individual unless such powers are explicitly granted by the wakf...

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KANNA TIMMA KANAJI MADIWAL vs. RAMACHANDRA TIMMAYA HEGDE

Citation : 2019 Latest Caselaw 880 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Hindu Succession Act, 1956
Indian Succession Act, 1925
Karnataka Land Reforms Act, 1961

Headnote :

Section 27 of the Bombay Tenancy and Agricultural Lands Act, 1948.[Paragraph]

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INDUSIND MEDIA AND COMMUNICATIONS LTD vs. COMMISSIONER OF CUSTOMS NEW DELHI

Citation : 2019 Latest Caselaw 881 SC

Customs Act, 1962
Customs Tariff Act, 1975
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007

Headnote :

Section 130E of the Customs Act, 1962.[Paragraph]

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GURU @ GURUBARAN vs. STATE REP. BY THE INSPECTOR OF POLICE

Citation : 2019 Latest Caselaw 882 SC

Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTAn accused who is armed with a weapon cannot invoke Exception 4 to Section 300 of the I.P.C.A. Indian Penal Code, 1860 Section 302 Murder - Conviction - The accused surrounded the victim and attacked her with a sickle and an iron pipe while she was conversing with eyewitnesses. The testimon...

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SHIVKISHAN vs. SUJATA TARACHAND MAKHIJA AND ORS

Citation : 2019 Latest Caselaw 883 SC

Headnote :

Section 91 of the Maharashtra Cooperative Societies Act, 1960.[Paragraph]

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STATE OF RAJASTHAN vs. SAHI RAM

Citation : 2019 Latest Caselaw 884 SC

CrPC Section 173. Report of police officer on completion of investigation
Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

IMPORTANTFailure to present contraband in court - Not solely adequate for granting acquittal.Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8 and 15 - Non-presentation of contraband - Validity of acquittal - If the seizure of the material is sufficiently established in the records and...

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ANUPAL SINGH vs. State of U.P Through Principal Secretary, Personnel Department and others

Citation : 2019 Latest Caselaw 885 SC

Constitution of India
Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994
Uttar Pradesh State Public Service Commission (Regulation of Procedure and Conduct of Business) Act, 1974

Hemani Malhotra Vs. High Court of Delhi [2008] INSC 570 (3 April 2008)
Supreme Court Bar Association Vs. Union of India & Ors [2007] Insc 406 (13 April 2007)
K.H. Siraj Vs. High Court of Kerala & Ors [2006] Insc 335 (23 May 2006)
Om Prakash Shukla Vs. Akhilesh Kumar Shukla & Ors [1986] INSC 46 (18 March 1986)

Headnote :

Uttar Pradesh Public Services Act of 1994 (Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes), Section 3(1) - UP Subordinate Agriculture Services Rules, 1993 (Agriculture Service Rules, 1993, Rule 15(3).[Paragraph]

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K. H. NAZAR vs. MATHEW K. JACOB

Citation : 2019 Latest Caselaw 886 SC

Kerala Government Land Assignment Act, 1960
Reserve Bank of India Act, 1934

Headnote :

IMPORTANTA commercial site cannot encompass vacant land - Consequently, a quarry does not qualify as a commercial site - The provisions of beneficial legislation must be interpreted with a purpose-driven perspective.A. Kerala Land Reforms Act, 1963, Sections 2(5) and 81(1)(q) - Regarding quarrying l...

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UNION OF INDIA vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 887 SC

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

Headnote :

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

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DIST.COLLECTOR SATARA vs. MANGESH NIVRUTTI KASHID

Citation : 2019 Latest Caselaw 888 SC

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

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

Headnote :

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

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SUDAM vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 889 SC

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

Headnote :

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

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SATISH UKEY vs. DEVENDRA GANGADHARRAO FADNAVIS

Citation : 2019 Latest Caselaw 890 SC

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

Headnote :

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

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MOHINDER KAUR vs. SANT PAUL SINGH

Citation : 2019 Latest Caselaw 891 SC

Headnote :

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

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POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH vs. M/S KALSI CONSTRUCTION COMPANY .

Citation : 2019 Latest Caselaw 892 SC

Constitution of India

Headnote :

According to Section 31(7) of the Arbitration and Conciliation Act, 1996, regarding arbitration awards, the Arbitral Tribunal has the authority to award interest at a rate it deems reasonable, unless the parties have agreed otherwise. In this case, the parties agreed to an interest rate of 18% per a...

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UBER INDIA SYSTEMS PVT LTD vs. COMPETITION COMMISSION OF INDIA

Citation : 2019 Latest Caselaw 893 SC

Competition Act, 2002

Headnote :

CRUCIALUber is offering excessively high incentives to Drivers and Car Owners - A potential violation of the Competition Act.According to Sections 26(1) and 4(a)(ii) of the Competition Act, 2002 - The provision of excessive incentives constitutes a violation. The Appellant compensates drivers or car...

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SHISHUPAL SINGH vs STATE OF UTTAR PRADESH

Citation : 2019 Latest Caselaw 894 SC

IPC Section 506. Punishment for criminal intimidation

Headnote :

Criminal Procedure Code, 1973 Section 319; Indian Penal Code, 1860 Sections 147, 148, 149, 307, 302, 323, 504, and 506 - Additional Accused - Summoning - During the cross-examination of the complainant, the Court summoned the appellant as an accused. The appellant was only named by the complainant,...

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YOGESH M. VYAS vs. REGISTRAR, HIGH COURT OF GUJARAT

Citation : 2019 Latest Caselaw 895 SC

IPC Section 307. Attempt to murder

Headnote :

IMPORTANTCompensation of L 20 lakhs awarded to a Judicial Officer wrongfully retired due to false corruption charges.Judicial Officer wrongfully accused - Compulsory retirement - The High Court determined that the charges against the Judicial Officer were unsubstantiated, and thus, to restore his ho...

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VIJAY NATHALAL GOHIL vs. THE STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 896 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Indian Penal Code, 1860 Section 302 Criminal Procedure Code, 1973 Section 313 Murder of wife - The accused husband, in his own statement under Section 313 of the Cr.P.C., 1973, admitted to giving a bottle of poison to the police, claiming that the deceased had ingested poison from that bottle, which...

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RASHID RAZA vs. SADAF AKHTAR

Citation : 2019 Latest Caselaw 897 SC

Arbitration and Conciliation Act, 1996

Headnote :

IMPORTANTAllegations of Fund Misappropriation in Partnership - Simple Claims of Fraud Do Not Render a Dispute Non-Arbitrable.According to Section 11 of the Arbitration and Conciliation Act, 1996, regarding the siphoning of funds - the appointment of an arbitrator is valid - \"simple allegations\" wi...

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CHAMELI DEVI vs. JIVRAIL MIAN

Citation : 2019 Latest Caselaw 898 SC

Headnote :

IMPORTANTAccidental Death of Carpenter - What evidence can be presented aside from oral testimony? Compensation granted to the Carpenter\'s family.A. Under Section 166 of the Motor Vehicles Act, 1988 - Compensation - Income Assessment - The Tribunal determined the deceased\'s income to be Rs. 1,250...

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BALKRISHNA WAMAN ZAMBARE vs. SIDDHESHWAR SHIKSHAN SANSTHA, DONGARSONI

Citation : 2019 Latest Caselaw 899 SC

Headnote :

Oral termination - Approval of delay in filing appeal - It was determined that the delay of two years, ten months, and fourteen days should be excused. The appellant should be given the opportunity to proceed, as his appointment as a lab attendant and subsequent promotion to junior clerk were proper...

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MOHAMMED FASRIN vs. THE STATE REP. BY THE THE INTELLIGENCE OFFICER

Citation : 2019 Latest Caselaw 900 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

IMPORTANTNDPS Act - For a confession to be admissible, the Court must ensure that it is a voluntary statement, made without any coercion, and that the accused has been informed of their rights prior to the confession being recorded.According to the Narcotic Drugs and Psychotropic Substances Act, 198...

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