Caselaw | Supreme Court Judgements of 2019

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GURJIT SINGH vs. STATE OF PUNJAB

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1151 SC

Dowry Prohibition Act, 1961
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 304B. Dowry death
IPC Section 306. Abetment of suicide
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

CRUCIALAbetment of suicide - A person found guilty of an offense under Section 498A of the IPC cannot be automatically deemed guilty of an offense under Section 306 of the IPC.A. Indian Penal Code, 1860, Sections 306 and 498A - Evidence Act, 1872 Section 113A - Cruelty - Abetment of suicide - Just b...

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V. RAJARAM vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1152 SC

Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
IPC Section 221. Intentional omission to apprehend on the part of public servant bound to apprehend

Shafhi Mohammad Vs. The State of Himachal Pradesh [January 30, 2018]
Shafhi Mohammad Vs. The State of Himachal Pradesh [3rd April, 2018]
Anvar P.V. Vs. P.K. Basheer and others [September 18, 2014]

Headnote :

The Indian Penal Code of 1860, specifically Sections 217 and 221, along with Section 6 of the Delhi Special Police Establishment Act of 1946, addresses the issue of a public servant who disobeys legal directives with the intention of shielding an individual from punishment or preventing the forfeitu...

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KARNATAKA STATE POLLUTION CONTROL BOARD vs. B. HEERA NAIK

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1153 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 29. Sentences, which Magistrates may pass
CrPC Section 482. Saving of inherent power of High Court
Karnataka Municipal Corporations Act, 1976
Karnataka Municipalities Act, 1964
M.P. Accommodation Control Act, 1961
Negotiable Instruments Act, 1881
NI Act, Section 141. Offences by companies
Water (Prevention and Control of Pollution) Act, 1974

Ramana Dayaram Shetty Vs. The International Airport Authority of India & Ors [1979] INSC 111 (4 May 1979)

Headnote :

IMPORTANTCity Municipal Council or Corporation may face prosecution under Section 47 of the Water (Prevention and Control of Pollution) Act.A. According to Section 48 of the Water (Prevention and Control of Pollution) Act, 1974, and Section 10 of the Karnataka Municipalities Act, 1964, it must be de...

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PERKINS EASTMAN ARCHITECTS DPC vs. HSCC (INDIA) LIMITED

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1154 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948
Income Tax Act, 1961

Headnote :

CRUCIALA party with a vested interest in the dispute or its resolution is not qualified to appoint a sole arbitrator.According to Section 11(6) of the Arbitration and Conciliation Act, 1996, a sole arbitrator cannot be appointed by a party, official, or authority that has an interest in the dispute...

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SHIV SENA vs. UNION OF INDIA

Judgement Date : 26 Nov 2019

Citation : 2019 Latest Caselaw 1155 SC

Constitution of India

Headnote :

CRUCIALInstructions for an immediate floor test to determine if the respondent holds a majority in the Maharashtra Assembly.According to Article 32 of the Constitution of India, 1950, regarding the appointments of Constitutional Functionaries - Floor test - Instructions - No political party currentl...

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UNION OF INDIA vs. P.S.GILL

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1156 SC

Air Force Act, 1950
Armed Forces Tribunal Act, 2007
Army Act, 1950
Army Rules, 1954
Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Navy Act, 1957

Headnote :

IMPORTANTThe order convening a General Court Martial can be contested in an appeal before the Armed Forces Tribunal.According to the Armed Forces Tribunal Act, 2007, specifically Sections 3(o), 14, and 15, the AFT has jurisdiction over matters related to General Court Martial. Conditions of service...

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VINOD KUMAR GARG vs. STATE (GOVERNMENT OF NATIONAL CAPITAL OF DELHI)

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1157 SC

Prevention of Corruption Act, 1988

Headnote :

IMPORTANTProsecution Sanction - An error, omission, or irregularity in the sanction process is not deemed fatal unless it leads to a failure of justice.IMPORTANTInvestigation - Any defect or irregularity in the investigation, regardless of its severity, does not affect the competence or procedures r...

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CENTURY RAYON LIMITED vs. IVP LIMITED

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1158 SC

Electricity Act, 2003
Indian Penal Code, 1860 (IPC)
Indian Telegraph Act, 1885

Headnote :

The Electricity Act of 2003, Section 14, and the Indian Telegraph Act of 1885, Sections 10 and 16(1) to 16(4) pertain to the erection of electric towers. In this case, the plaintiff requested an interim injunction on the basis that MSEDC was excavating his land to construct an electricity tower. The...

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M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED vs. NORTHERN COAL FIELD LIMITED

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1159 SC

Arbitration and Conciliation Act, 1996

Itw Signode India Ltd. Vs. Collector of Central Excise [2003] INSC 576 (19 November 2003)
Itw Signode India Ltd. Vs. Collector of Central Excise [1960] INSC 220 (24 November 1960)

Headnote :

IMPORTANTThe issue of limitation is a jurisdictional matter that cannot be assessed when considering an application for the appointment of an arbitrator; it must be resolved by the Arbitral Tribunal.A. Under the Arbitration and Conciliation Act, 1996, Sections 11 and 16(1), regarding the appointment...

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HINDUSTAN CONSTRUCTION COMPANY LIMITED vs.UNION OF INDIA

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1160 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation (Amendment) Act, 2019
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
General Clauses Act, 1897
Limited Liability Partnership Act, 2008
National Highways Act, 1956
National Highways Act, 1956
National Highways Authority of India Act, 1988

Bhubaneshwar Singh Vs. Union of India [1994] INSC 371 (14 July 1994)
Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)
Krishna Chandra Gangopadhyaya Vs. Union of India & Ors [1975] INSC 98 (18 April 1975)
Udai Ram Sharma & Ors Vs. Union of India & Ors [1968] INSC 33 (7 February 1968)

Headnote :

IMPORTANTStatutory Government bodies are exempt from proceedings under the Insolvency and Bankruptcy Code.A. According to Section 3(7) of the Insolvency and Bankruptcy Code, 2016, statutory bodies are exempt from the provisions of the IB Code. These bodies act as an extension of the Central Governme...

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RAMPHAL VS. STATE OF HARYANA

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1161 SC

Headnote :

CRUCIALIn rape cases, any compromise between the accused and the victim holds no significance in the determination of the case.According to the Criminal Procedure Code of 1973, Section 357, and the Indian Penal Code of 1860, Section 376, which pertains to rape compensation for the victim - the victi...

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SIDDAMRAMAPPA vs. SIDDAPPA

Judgement Date : 27 Nov 2019

Citation : 2019 Latest Caselaw 1162 SC

Headnote :

According to Rule 17 of the Karnataka Land Reforms Rules, 1974, the appellant asserted ownership of the land based on a purchase, while the respondent, claiming to be a tenant cultivating the disputed land, submitted an application in Form No. 7 to the land Tribunal. The Tribunal dismissed the respo...

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R.R. INAMDAR vs. STATE OF KARNATAKA

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1163 SC

Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994

Headnote :

IMPORTANTReservations cannot be made for a single post.According to Article 16(4) of the Constitution of India, 1950, the rule regarding the applicability of reservations states that reservations cannot be applied to a solitary post. For the rule of reservation to be applicable within a cadre, there...

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JIT RAM NOW DECEASED THROUGH LRS vs. SATNAM SINGH

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1164 SC

Headnote :

Adverse possession - The plaintiff initiated a lawsuit to gain possession of land currently held by the defendant. The defendant asserted that they had established title through adverse possession. However, the construction on the land was built by the defendant with the original owner\'s consent, i...

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TAMILNADU RURAL DEVELOPMENT ENGINEERS AND ASSISTANT ENGINEERS ASSOCIATION vs. GOVERNMENT OF TAMILNADU AND OTHERS

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1165 SC

Headnote :

The Constitution of India, 1950, Article 136, addresses the revision of pay scales. The 6th Central Pay Commission proposed specific pay scales for various positions, which were then evaluated by an Official Committee of the State that made recommendations accepted by the Government. Subsequently, a...

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ODISHA FOREST DEVELOPMENT CORPORATION LTD. vs. M/S ANUPAM TRADERS

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1166 SC

South Eastern Coalfields Ltd. Vs. State of M.P. & Ors [2003] INSC 404 (25 August 2003)

Headnote :

The Constitution of India, 1950, Article 226 - Orissa Public Demand Recovery Act, 1962 - Tender for Kendu Leaf - Failure to provide Additional Security - Tender canceled at the \"cost and risk\" of the Respondent - No extension granted for depositing Additional Security - Respondent approached the H...

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ASSAM PUBLIC SERVICE COMMISSION vs. PRANJAL KUMAR SARMA

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1167 SC

Constitution of India

Headnote :

IMPORTANTSelection process - Changing the rules mid-way - It is not permissible to alter the method of selection during the process by introducing a new procedure.According to Article 320 of the Constitution of India, 1950, and the Assam Public Service Commission (Procedure and Conduct of Business)...

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JAI PRAKASH vs. STATE OF UTTAR PRADESH

Judgement Date : 28 Nov 2019

Citation : 2019 Latest Caselaw 1168 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 302. Punishment for murder

Headnote :

CRUCIALAny actions or failures to act by the Investigating Officer cannot benefit the Accused.A. Indian Penal Code, 1860 Sections 302 and 120B - Murder and Criminal Conspiracy - Acquittal - The victim was attacked by the accused with a country-made pistol and a single-barrel gun while returning from...

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TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED vs. M/S. RAIN CALCINING LIMITED

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1169 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity Act, 2003
Electricity Regulatory Commission Act, 1998
Electricity Regulatory Commissions Act, 1998
Electricity Regulatory Commissions Act, 1998

Headnote :

A. According to Section 15 of the Andhra Pradesh Electricity Reforms Act, 1998, the Andhra Pradesh Electricity Regulatory Commission has the authority to determine wheeling charges. The calculation of these charges for electricity transmitted by generators to their designated consumers should solely...

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M/S. ALKEM LABORATORIES LTD. vs. STATE OF MADHYA PRADESH

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1170 SC

Criminal Procedure Code, 1973
CrPC Section 482. Saving of inherent power of High Court
Insecticides Act, 1968
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954
Seeds Act, 1966

Headnote :

IMPORTANTIn cases where the examination of food article contents is essential for establishing the offence of \'misbranding\', the vendor of the misbranded food article also has the right to have a sample tested.A. According to the Prevention of Food Adulteration Act, 1954, Sections 2(ia)(a) and 2(i...

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JODHRAJ vs. STATE OF RAJASTHAN

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1171 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 379. Punishment for theft

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 in conjunction with Section 149, addresses murder and unlawful assembly. The conviction of the accused was primarily based on the testimonies of alleged eyewitnesses, with no additional evidence linking the accused to the crime. Given the lack...

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FOOD CORPORATION OF INDIA vs. PRATAP KUNDU

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1172 SC

Headnote :

The Constitution of India, 1950, Article 136, addresses contract labor and wage payments. A labor contractor sought payment that was 471% higher than the Approved Standard of Rates (A.S.O.R). However, wages for casual laborers were mandated to be paid according to a previous Supreme Court order in a...

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UNION OF INDIA vs. RAMESH BISHNOI

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1173 SC

Indian Penal Code, 1860 (IPC)
IPC Section 509. Word, gesture or act intended to insult the modesty of a woman
Juvenile Justice (Care and Protection of Children) Act, 2015

Headnote :

IMPORTANTAppointment - Offence committed as a minor - No basis to deny appointment - Even if a juvenile is convicted, such conviction should be erased to prevent any stigma related to crimes committed during childhood.A. Appointment - Criminal case - It is acknowledged that the respondent was a mino...

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P. GOPALKRISHNAN @ DILEEP vs. STATE OF KERALA

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1174 SC

Constitution of India
CrPC Section 207. Supply to the accused of copy of police report and other documents
CrPC Section 208. Supply of copies of statements and documents to accused in other cases triable by court of Session
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 29.Document
IPC Section 376E.Punishment for repeat offenders

Headnote :

IMPORTANTPen drives and memory cards are considered documents - The Magistrate is obligated to provide the accused with the documents submitted by the Investigating Officer along with the Police Report. However, the Magistrate may only withhold documents that he deems to be voluminous.IMPORTANTElect...

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ABDUL SATTAR vs. STATE OF UTTAR PRADESH

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1175 SC

Headnote :

IMPORTANTThe fact that a victim of rape is accustomed to sexual activity cannot serve as a valid defense against the crime of rape.According to Article 136 of the Constitution of India, 1950 - Regarding the granting of bail - An appeal concerning a rape case involving a young girl - The High Court t...

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SALMAN KHAN vs. STATE OF GUJARAT

Judgement Date : 29 Nov 2019

Citation : 2019 Latest Caselaw 1176 SC

Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTAll criminal cases against Salman Khan related to the film Loveyatri have been dismissed.According to Article 32 of the Constitution of India, 1950, the petitioner expressed concern that despite the film \"Loveyatri - a journey of love\" receiving certification from the Central Board of Fil...

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DIGAMBER vs. KACHRU DEAD

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1177 SC

Headnote :

The Hyderabad Tenancy and Agricultural Lands Act of 1950, Section 5, along with the Prevention of Agricultural Lands Alienation Act of 1939, Section 10, addresses the termination of mortgages and the restoration of possession. It was determined that the parties reached an amicable settlement and ent...

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UNION OF INDIA vs. LT. COL. SAMEER SINGH

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1178 SC

Headnote :

Permanent Secondment to the DGQA - Review of Technical Assessment Report - The respondent, who holds the rank of Lt. Colonel, was assigned to the DGQA. After completing two years, the respondent became eligible for consideration for Permanent Secondment. However, the respondent was not recommended b...

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STATE OF MAHARASHTRA vs. KU. NANDA

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1179 SC

R. Vishwanatha Pillai Vs. State of Kerala & Ors [2004] Insc 21 (7 January 2004)
State of Maharashtra Vs. Milind & Ors [2000] INSC 587 (28 November 2000)

Headnote :

The Constitution of India, 1950, Article 136 pertains to appointments under reserved categories and the protection against the rejection of caste certificates. An employee who claimed to belong to the Halba Scheduled Tribe retracted her claim following the ruling in State of Maharashtra v. Milind (2...

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HARDEEP SINGH vs. GURBACHAN SINGH

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1180 SC

Headnote :

Specific Relief Act, 1963 Section 20 - Specific performance of a sales agreement - Settlement - The plaintiff initiated a lawsuit for specific performance, which was granted by the trial court. The judgment and order were affirmed by the High Court. The parties reached an amicable settlement during...

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TAPAS vs. STATE OF MADHYA PRADESH

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1181 SC

Headnote :

In the Turtle poaching case under Article 136 of the Constitution of India, 1950, the Court chose not to intervene with the High Court\'s decision to deny the petitioner\'s second bail application. Although the Court instructed the trial Court to conclude the trial within six months, progress has be...

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M. JAYANTHI vs. K.R. MEENAKSHI

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1182 SC

CrPC Section 200. Examination of complainant
CrPC Section 482. Saving of inherent power of High Court
Hindu Marriage Act, 1955
Indian Evidence Act, 1872

Headnote :

IMPORTANTSecond marriage - A public document - The Gazette notification issued by the Government confirming the husband\'s second marriage is pertinent and cannot be dismissed.IMPORTANTInherent authority of the High Court - When exercising its power to quash a complaint or charge, the High Court sho...

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M/S SINGAL UDYOG vs. NATIONAL INSURANCE COMPANY LTD.

Judgement Date : 02 Dec 2019

Citation : 2019 Latest Caselaw 1183 SC

Headnote :

IMPORTANTThe National Commission determined that the appeal was time-barred and therefore could not consider the merits of the case.According to Section 19 of the Consumer Protection Act, 1986, regarding appeals and the condonation of delay, the National Commission found that while the appeal was in...

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MEENA SHARMA vs. STATE OF JAMMU AND KASHMIR

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1184 SC

Headnote :

IMPORTANTAppointments from a Select List must not have an indefinite duration, as they cannot be executed at an uncertain future date.According to Article 136 of the Constitution of India, 1950, regarding the annulment of appointments - The initial challenge to the appellant\'s appointment under the...

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KEYSTONE REALTORS PVT. LTD. vs. ANIL V. THARTHARE

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1185 SC

Headnote :

The National Green Tribunal Act of 2010, Section 22, addresses the expansion of construction and associated penalties. At the start of the appellant\'s construction, the total area was 8,720.32 square meters, but upon completion, it increased to 40,480.88 square meters. The EIA Notification mandates...

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COMMISSIONER OF CENTRAL EXCISE, VADODARA-II vs. GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD.

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1186 SC

Central Excise Act, 1944
Central Excise Rules, 2002

Headnote :

According to Rule 57AD of the Central Excise Rules 1944 and Rule 6 of the CENVAT Credit Rules 2002, the situation involves the use of CENVAT duty-paid Low Sulphur Heavy Stock (LSHS) as a fuel input for steam generation. The steam produced is then used to generate electricity for the production of fe...

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BHAWNA BAI vs. GHANSHYAM

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1187 SC

State of Bihar Vs. Ramesh Singh [1977] INSC 156 (2 August 1977)

Headnote :

IMPORTANTAt the charge framing stage, the court\'s role is solely to determine if there are adequate grounds to proceed against the accused; it is not necessary for the court to provide reasons for framing the charge.A. Criminal Procedure Code, 1973 Section 228 - During the charge framing stage, the...

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M/S EMBASSY PROPERTY DEVELOPMENTS PVT. LTD. vs. STATE OF KARNATAKA

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1188 SC

Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Income Tax Act, 1961
Limitation Act, 1963
Mineral Concession Rules, 1960
Motor Vehicles Act, 1988

Shiv Kumar Chadha Vs. Municipal Corporation of Delhi & Ors [1993] INSC 257 (4 May 1993)

Headnote :

IMPORTANTThe decisions made by the Government in the realm of Public Law cannot be subject to judicial review by the NCLT; however, the validity of such decisions can be challenged in the High Court.A. According to Article 226 of the Constitution of India, 1950, the High Court has the authority to i...

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JAGJEET SINGH LYALLPURI vs. M/S UNITOP APARTMENTS AND BUILDERS LTD.

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1189 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Evidence Act, 1872

Headnote :

A. Under Sections 19 and 37 of the Arbitration and Conciliation Act, 1996, regarding challenges to an award and remanding matters, the parties have the freedom to agree on the procedures to be followed by the Arbitral Tribunal. It was noted in the presence of the parties and their counsels that they...

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SANTOSH SHARMA vs. VISHNU MAHESWARI

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1190 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The Indian Penal Code, 1860, Sections 324/34 - The accused were acquitted under Section 302 but convicted under Section 324/34, and the acquittal of the other accused was also confirmed. It was determined that the High Court\'s acquittal of the accused under Section 302 was based on a proper evaluat...

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STATE OF UTTAR PRADESH vs. RADHEY SHYAM

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1191 SC

Headnote :

Disciplinary proceedings - Violation of natural justice - The High Court determined that the disciplinary proceedings were conducted in breach of natural justice and should have sent the matter back to the disciplinary authority for new proceedings starting from the point of the violation. However,...

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RAJENDRA SINGH TOMAR vs. STATE OF UTTARAKHAND

Judgement Date : 03 Dec 2019

Citation : 2019 Latest Caselaw 1192 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 420, 467, 470, 471, and 120B, addresses the quashing of an FIR. The allegations against the accused individuals involve the \"forgery\" of documents, including a Memorandum of Understanding and a Special Power of Attorney, with the intent to fraud...

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GREAT EASTERN SHIPPING CO. LTD. vs. STATE OF KARNATAKA

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1193 SC

Andhra Pradesh General Sales Tax Act, 1957
Constitution of India
Income Tax Act, 1961
Indian Carriage of Goods by Sea Act, 1925
Karnataka Sales Tax Act, 1957
Sale of Goods Act, 1930

Headnote :

A. Under Article 366(29A)(d) of the Constitution of India and Section 5C of the Karnataka Sales Tax Act, 1957, the transfer of the right to use a tug is considered a deemed sale. In this case, contractors \'let\' and charterers \'hire\' a goods vessel for a duration of six months. The term \'let\' i...

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STATE OF ODISHA vs. MANJU NAIK

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1194 SC

Headnote :

IMPORTANTInvalid pension and regular pension are not available to employees who have less than 10 years of qualifying service.According to Rule 39 of the Orissa Civil Services (Pension) Rules, 1992, premature retirement due to mental incapacity does not qualify for invalid pension or regular pension...

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P. CHIDAMBARAM vs. DIRECTORATE OF ENFORCEMENT

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1195 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
Prevention of Money Laundering Act, 2002

Headnote :

IMPORTANTThe P. Chidambaram case highlights that denying bail based on findings from sealed cover documents contradicts the principle of a fair trial.According to the Criminal Procedure Code of 1973, Section 439, and the Indian Penal Code of 1860, Sections 120B and 420, as well as the Prevention of...

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MAHARASHTRA STATE CO-OPERATIVE BANK LTD. vs. BABULAL LADE

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1196 SC

Bombay Sales Tax Act, 1959
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Land Revenue Code, 1966

Headnote :

IMPORTANTOnly statutory first charges explicitly established under Central and State laws can take precedence over the claims of secured creditors as per the SARFAESI Act. It is insufficient to simply state that dues can be recovered as arrears of land revenue.A. The Securitisation and Reconstructio...

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HARBHAJAN SINGH vs. STATE OF PUNJAB

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1197 SC

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
East Punjab Urban Rent Restriction Act, 1949
Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984
Income Tax Act, 1961
Kerala Buildings (Lease and Rent Control) Act, 1965
Orissa Hindu Religious Endowments Act, 1951
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997
Societies Registration Act, 1860
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
Transfer of Property Act, 1882
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Ravi Dutt Sharma Vs. Ratan Lal Bhargava [1984] INSC38 (20 February 1984)

Headnote :

IMPORTANTReligious institutions are established to serve a public purpose - The classification of properties belonging to religious institutions as a separate and distinct category does not violate Article 14 of the Constitution.A. Constitution of India, 1950 Article 14; Punjab Religious Premises an...

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M/S SHIUR SAKHAR KARKHANA PVT. LTD. vs. STATE BANK OF INDIA

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1198 SC

Headnote :

NOTICEAn ex-parte order issued by the State Commission can be challenged before the National Commission; a writ petition against such an order is not permissible.According to Section 21 of the Consumer Protection Act, 1986, the National Commission has the jurisdiction to hear appeals against orders...

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UNION OF INDIA vs. NAVINDRA DEVI

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1199 SC

Headnote :

Medical negligence - The widow of a soldier is directed to receive an amount of Rs. 10,00,000/- due to the negligence of Army Authorities in managing the medical case that led to the soldier\'s death.

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HINDUSTAN ZINC LIMITED vs. AJMER VIDYUT VITRAN NIGAM LIMITED

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1200 SC

Arbitration and Conciliation Act, 1996
Electricity Act, 2003

Headnote :

IMPORTANTThe State Commission is not authorized to appoint an Arbitrator under Section 86 of the Electricity Act.According to the Electricity Act, 2003, specifically Sections 42 and 86(1)(f), in conjunction with Section 158 of the Arbitration and Conciliation Act, 1996, regarding disputes between pa...

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