Caselaw | Supreme Court Judgements of 2019

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DUNCANS INDUSTRIES LTD vs. A.J. AGROCHEM

Citation : 2019 Latest Caselaw 951 SC

Central Excise Act, 1944
Companies Act, 2013
Customs Act, 1962
Income Tax Act, 1961
Indian Partnership Act, 1932
Indian Partnership Act, 1932
Limited Liability Partnership Act, 2008
Payment and Settlement Systems Act, 2007
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Sick Industrial Companies (Special Provisions) Repeal Act, 2003
Tea Act, 1953

Headnote :

IMPORTANT\"The \"Corporate Insolvency Resolution Process\" should not be confused with \"Winding Up Proceedings\".A. According to Section 9 of the Insolvency and Bankruptcy Code, 2016 and Section 16G(1)(c) of the Tea Act, 1953 - Regarding the initiation of the corporate insolvency resolution process...

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VIDHI HIMMAT KATARIYA vs. STATE OF GUJARAT

Citation : 2019 Latest Caselaw 952 SC

Constitution of India

Headnote :

IMPORTANTIndividuals with disabilities - Quota for admission to medical courses - Relevant essential eligibility criteria must be met for petitioners to be considered for admission under the PwD quota.A. Right of Persons with Disabilities Act, 2016, Section 32 - Admission to MBBS - Disability quota...

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KRISHNA DEVI MAHESHWARI vs. SURENDRA SUREKHA

Citation : 2019 Latest Caselaw 953 SC

Headnote :

IMPORTANTRent and Eviction - High Court ruling that no party should seek unnecessary adjournments - Order upheld.U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 21(i)(a) - Eviction petition based on genuine need - Unwarranted adjournments - Landlord\'s complaint re...

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ORIENTAL BANK OF COMMERCE AND ORS vs. JANAK RAJ SHARMA

Citation : 2019 Latest Caselaw 954 SC

Headnote :

IMPORTANTIntroduction of Pension Scheme - The option must be exercised by the specified deadline; otherwise, it will not be considered final.Circular - Introduction of Pension Scheme - Cut-off Date - Respondents were permitted to submit their applications for the pension scheme on the basis that the...

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THE GOVERNMENT OF ANDHRA PRADESH vs. GRACE SATHYAVATHY SHASHIKANT

Citation : 2019 Latest Caselaw 955 SC

Constitution of India

Headnote :

According to Article 142 of the Constitution of India, 1950, regarding the location of land, proceedings under the Land Ceiling and Regulation Act of 1976 resulted in land being transferred to Andhra Prabha. The land allocated was actually situated in Survey No. 129/45/D. Initially, a survey indicat...

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BRIJESH KUMAR vs. SHARDABAI(DEAD) BY LRS

Citation : 2019 Latest Caselaw 956 SC

Headnote :

A. Madhya Pradesh Land Revenue Code, 1959, Sections 114 and 115 - Adverse possession - Declaration suit - Original owner sold land to a buyer - The plaintiff asserted adverse possession based on the Khasara entry for 1960-61 - It was determined that the red ink entry regarding the accuracy of the Kh...

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MANTU KUMAR vs. STATE OF JHARKHAND

Citation : 2019 Latest Caselaw 957 SC

Headnote :

Marks allocation - There is no disregard for the directives given by the High Court - Therefore, the cases of the petitioners will be evaluated whenever future selections occur - Petitioners are eligible for age relaxation and a significant weightage of 90 marks.[Paras 7 and 8]

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SUNIL KOHALI vs. PUREARTH INFRASTRUCTURE LTD.

Citation : 2019 Latest Caselaw 958 SC

Headnote :

According to Sections 2(1)(b)(i) and 23 of the Consumer Protection Act, 1986, the question arises whether the complainants booked the premises with the intention of self-employment or personal use. The affidavit of evidence indicates that the complainants intended to sell their property in Denmark a...

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YUSUF JAMIR KAZI vs. STATE OF MAHARASHTRA

Citation : 2019 Latest Caselaw 959 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

Article 136 of the Constitution of India, 1950 and Sections 420 and 506 of the Indian Penal Code, 1860 Cancellation of anticipatory bail - Overturning of order - The High Court had granted anticipatory bail to the petitioners based on the parties\' statement that they had amicably resolved the issue...

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ARUNA vs. MUKUND

Citation : 2019 Latest Caselaw 960 SC

Headnote :

CRUCIALMedical Negligence - The Trial Court must assess a Medical Expert prior to establishing charges.Indian Penal Code, 1860, Section 304A - Medical negligence - Expert examination - Case concerning the administration of Lariago - No medical expert has been evaluated by the lower courts - To deter...

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BALBIR SINGH vs. STATE OF PUNJAB

Citation : 2019 Latest Caselaw 961 SC

Indian Penal Code, 1860 (IPC)

State of Rajasthan Vs. Shobha Ram [January 16, 2013]

Headnote :

Indian Penal Code, 1860 Section 302 in conjunction with Section 149 - Murder - Unlawful assembly - Accused No. 1 held a grudge against the deceased due to the killing of his brother - Accused No. 2 is not related to Accused No. 1 - No motive was established for Accused No. 2 - Accused No. 2 did not...

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INDERDEV PRASAD SINGH vs. STATE (GNCT OF DELHI )

Citation : 2019 Latest Caselaw 962 SC

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

Headnote :

NOTICESummoning Order - A Magistrate may issue a summoning order when new evidence is presented.Criminal Procedure Code, 1973, Section 482 - Indian Penal Code, 1860, Sections 498A and 406 - Summoning of accused individuals without new evidence from the complainant - The appellants are the complainan...

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ADMINSTRATOR SMT. TARA BAI DESAI CHARITABLE OPTHALMIC TRUST HOSPITAL, JODHPUR vs. MANAGING DIRECTOR INDIA PVT. LTD.

Citation : 2019 Latest Caselaw 963 SC

Gujarat Agricultural Lands Ceiling Act, 1960
Societies Registration Act, 1860

Kalpavruksha Charitable Trust Vs. Toshniwal Brothers (Bombay) [1999] INSC 383 (12 October 1999)

Headnote :

Section 2(1)(m) of the Consumer Protection Act, 1986 - Consumer Complaint by Trust - Maintainability - A \"trust\" may fall under the definition of \"person\" as per the Act. The definition of \"person\" includes even unregistered firms, which may have certain legal limitations, but are still permit...

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ANUJ CHATURVEDI vs. JYOTI

Citation : 2019 Latest Caselaw 964 SC

Headnote :

According to Section 7 of the Guardian and Wards Act, 1890 - Regarding child custody and visitation rights - The Court chose not to intervene in the decision that awarded custody of the child to the mother. Nevertheless, the Court permitted the petitioner to seek an increase in his visitation rights...

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DURGAWATI DEVI vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 965 SC

Constitution of India

Headnote :

IMPORTANTThe High Court is not authorized, under Article 226 of the Constitution of India, to modify the terms and conditions of a tender notice.According to Article 226 of the Constitution of India, 1950, regarding the relaxation of tender terms - The High Court\'s authority - A petitioner applied...

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RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)

Citation : 2019 Latest Caselaw 966 SC

Headnote :

IMPORTANTThe Supreme Court has put a hold on tree-felling at Aarey until October 21, but 98% of the trees have already been cut down.According to Article 32 of the Constitution of India, 1950, regarding the Aarey tree felling issue, the Solicitor General for the State has confirmed that no additiona...

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THE STATE OF UTTARAKHAND vs. S.K. SINGH

Citation : 2019 Latest Caselaw 967 SC

Constitution of India

Headnote :

IMPORTANTAccelerated promotion based on higher educational qualifications is legally valid.A. According to Articles 14 and 16 of the Constitution of India, 1950, and Rule 16 of the Uttaranchal Service of Engineers (Irrigation Department) (Group \'B\') Rules 2003, promotions to higher positions may f...

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THE STATE OF MADHYA PRADESH vs. SABAL SINGH (DEAD) BY LRS

Citation : 2019 Latest Caselaw 968 SC

Constitution of India
Madhya Pradesh Land Revenue Code, 1959
Rajasthan Tenancy Act, 1955

Headnote :

IMPORTANTThe \'Bir\' land is claimed based on the assertion that the plaintiff\'s predecessors were permanent tenants who obtained Bhumiswami rights. It is noted that grass grows naturally on \'Bir\' land without any cultivation effort. Therefore, this land should have been classified as Khud-kasht...

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SHIVKUMAR vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 969 SC

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

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

Headnote :

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

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SAVITA vs. STATE OF DELHI

Citation : 2019 Latest Caselaw 970 SC

Headnote :

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

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STATE OF PUNJAB vs. RANJIT KAUR

Citation : 2019 Latest Caselaw 971 SC

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

Headnote :

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

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EMAAR MGF LAND LTD. vs. BALVINDER SINGH

Citation : 2019 Latest Caselaw 972 SC

Headnote :

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

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H. S. YADAV vs. SHAKUNTALA DEVI PARAKH

Citation : 2019 Latest Caselaw 973 SC

Constitution of India

Headnote :

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

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UNION OF INDIA vs. GAUTAM KHAITAN

Citation : 2019 Latest Caselaw 974 SC

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

Headnote :

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

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STATE OF PUNJAB vs. BALJINDER SINGH

Citation : 2019 Latest Caselaw 975 SC

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

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

Headnote :

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

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JOHN D SOUZA vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION

Citation : 2019 Latest Caselaw 976 SC

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

Headnote :

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

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WALAITI RAM CHARAN DASS vs. STATE OF PUNJAB

Citation : 2019 Latest Caselaw 977 SC

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

Headnote :

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

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PRAHLAD PRADHAN vs. SONU KUMAR

Citation : 2019 Latest Caselaw 978 SC

Headnote :

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

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EBHA ARJUN JADEJA vs. THE STATE OF GUJARAT

Citation : 2019 Latest Caselaw 979 SC

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

Headnote :

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

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SURGEON REAR ADMIRAL MANISHA JAIPRAKASH vs. UNION OF INDIA

Citation : 2019 Latest Caselaw 980 SC

Headnote :

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

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VINUBHAI HARIBHAI MALAVIYA vs. THE STATE OF GUJARAT

Citation : 2019 Latest Caselaw 981 SC

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

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

Headnote :

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

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GURCHARAN SINGH vs. STATE OF HIMACHAL PRADESH

Citation : 2019 Latest Caselaw 982 SC

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

Headnote :

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

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N. SELVI vs. M.R. MANOHARAN

Citation : 2019 Latest Caselaw 983 SC

Headnote :

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

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A. SUJAUDHEEN vs. C.R. VIRAN

Citation : 2019 Latest Caselaw 984 SC

Constitution of India

Headnote :

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

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BARASAT EYE HOSPITAL vs. KAUSTABH MONDAL

Citation : 2019 Latest Caselaw 985 SC

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

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

Headnote :

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

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THE STATE OF BIHAR vs. DEVENDRA SHARMA

Citation : 2019 Latest Caselaw 986 SC

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

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

Headnote :

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

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ONGC LABOUR UNION vs. ONGC DEHRADUN

Citation : 2019 Latest Caselaw 987 SC

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

Headnote :

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

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UTTAM RAM vs. DEVINDER SINGH HUDAN

Citation : 2019 Latest Caselaw 988 SC

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

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

Headnote :

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

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MANI PUSHPAK JOSHI vs. STATE OF UTTARAKHAND

Citation : 2019 Latest Caselaw 989 SC

Indian Penal Code, 1860 (IPC)

Headnote :

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

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M. HARIHARASUDHAN vs. R. KARMEGAM

Citation : 2019 Latest Caselaw 990 SC

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

Headnote :

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

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NARESH KUMAR vs. GOVT.OF NCT OF DELHI

Citation : 2019 Latest Caselaw 991 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

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

Headnote :

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

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DR. LAKSHMAN vs. STATE OF KARNATAKA

Citation : 2019 Latest Caselaw 992 SC

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

Headnote :

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

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CENTRAL BUREAU OF INVESTIGATION vs. ARVIND KHANNA

Citation : 2019 Latest Caselaw 993 SC

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

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

Headnote :

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

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PREM SINGH vs. SUKHDEV SINGH

Citation : 2019 Latest Caselaw 994 SC

Indian Penal Code, 1860 (IPC)

Headnote :

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

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

Citation : 2019 Latest Caselaw 995 SC

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

Headnote :

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

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MAHANAGAR TELEPHONE NIGAM LTD. vs. CANARA BANK

Citation : 2019 Latest Caselaw 996 SC

Headnote :

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

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PRAVEEN KUMAR PRAKASH vs. STATE OF JHARKHAND

Citation : 2019 Latest Caselaw 997 SC

Headnote :

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

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HOOGHLY MILLS COMPANY LTD. vs. STATE OF WEST BENGAL

Citation : 2019 Latest Caselaw 998 SC

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

Headnote :

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

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

Citation : 2019 Latest Caselaw 999 SC

Headnote :

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

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GOVT. OF GUJARAT vs. ADAM B. CHAKI

Citation : 2019 Latest Caselaw 1000 SC

Headnote :

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

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