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M/S SESHASAYEE STEELS P. LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1201 SC

Headnote :

A. According to Section 2(47)(iv) of the Income Tax Act, 1961 and Section 53A of the Transfer of Property Act, 1882, the transfer of capital assets through a license does not equate to possession. In this case, a license was granted for the purpose of developing land into flats and selling them. How...
AUTHORISED OFFICER, LAND REFORMS TRIBUNAL vs. KOKA RAMADASAPPA

Judgement Date : 04 Dec 2019

Citation : 2019 Latest Caselaw 1202 SC

Headnote :

IMPORTANTWhen land is acquired, the landowner is entitled to receive interest in addition to compensation for the delay in payment after the land has been transferred to the Government.A.P. Land Reforms (Ceiling on Agriculture Holdings) Rules, 1974, Rule 11(2) - Compensation for acquired land - Inte...
M/S BHUWALKA STEEL INDUSTRIES.LTD vs. UNION OF INDIA

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1203 SC

Headnote :

Referral to a larger Bench - Incorrect question posed - The question referred is not one that the assessee contests - Therefore, the matter is returned to the Division Bench to address the questions outlined in paragraph 20 of the case. Additionally, issues aside from the one mentioned in paragraph...
STATION HOUSE OFFICER CBI/ACB/BANGALORE vs. B.A. SRINIVASAN

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1204 SC

Headnote :

IMPORTANTIf the public servant in question has retired, no sanction is required to prosecute him.According to the Criminal Procedure Code of 1973, Sections 227 and 239, and the Prevention of Corruption Act of 1988, Sections 13(2), 13(1)(d), and 19, as well as the Indian Penal Code of 1973, Sections...
MAHIPAL vs. RAJESH KUMAR @ POLIA

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1205 SC

Headnote :

CRUCIALCourts must provide justifications for their bail decisions.According to Section 439 of the Criminal Procedure Code, 1973, and Sections 147, 148, 149, 302, and 397 of the Indian Penal Code, 1860, when a bail order is issued without a reasoned explanation, it raises a presumption of a lack of...
STATE OF NCT OF DELHI vs. SHIV CHARAN BANSAL

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1206 SC

Headnote :

IMPORTANTWhen framing charges - If the evidence presented to the Court reveals serious suspicion against the accused, the Court is justified in framing charges and moving forward with the trial.A. Criminal Procedure Code, 1973 Sections 227 and 228 - In the context of framing charges, the Court has t...
BSES YAMUNA POWER LTD. vs. GHANSHYAM CHAND SHARMA

Judgement Date : 05 Dec 2019

Citation : 2019 Latest Caselaw 1207 SC

Headnote :

IMPORTANTAn employee who has \'voluntarily retired\' is distinct from one who has \'resigned\' from service - If an employee has resigned, there is no need to determine whether they have \'voluntarily retired\' or \'resigned.\'IMPORTANTLoss of past service - Regardless of an employee\'s twenty years...
RAJESH KUMAR DWIVEDI vs. STATE OF UTTAR PRADESH

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1208 SC

Headnote :

Appointment - Position of Instructor in the Fitter subject - Lack of educational qualifications - Eligibility - The educational requirement for the Fitter position was a certificate in the relevant trade from the National Council of Vocational Training (NCVT), along with two years of experience in a...
STATE OF TELANGANA vs. MANAGIPET @ MANGIPET SARVESHWAR REDDY

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1209 SC

Headnote :

IMPORTANTCorruption case - A preliminary inquiry before the registration of a crime is not required in every instance.A. According to Section 17 of the Prevention of Corruption Act, 1988, an investigation into disproportionate assets relative to known sources of income can be conducted by a police o...
DARSHAN SINGH vs. STATE OF PUNJAB

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1210 SC

Headnote :

A. Under the Indian Penal Code of 1860, Section 302, and the Evidence Act of 1872, Section 27, the case involves the murder of an elderly mother amid a land dispute. The deceased had inherited a share of land from her deceased son. Out of the 5 Bighas of land she inherited, she sold 1 Bigha for Rs....
M/S UNICORN INDUSTRIES vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1211 SC

Headnote :

The First Schedule of the Central Excise Tariff Act, 1985, along with Chapter 21 of the Central Excise Act, 1944, Section 5A of the Central Excise Rules, 1944, and Section 136 of the Finance Act, 2001, pertains to the imposition of education cess, higher education cess, and National Calamity Conting...
NAGARAJA vs. STATE OF KARNATAKA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1212 SC

Headnote :

The Constitution of India, 1950, Article 136, and the Indian Penal Code, 1860, Section 397, pertain to robbery or dacoity. In this case, the appellant was accused of committing dacoity but was acquitted by the Trial Court. However, the High Court allowed the State\'s appeal and convicted the appella...
STATE OF BIHAR vs. PHULPARI KUMARI

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1213 SC

Headnote :

IMPORTANTReinstatement - Interference with departmental inquiry orders is permissible only in cases of \'no evidence\'.IMPORTANTReinstatement - The High Court should not interfere with dismissal orders by re-evaluating evidence and forming a different opinion than that of the disciplinary authority,...
KANDLA PORT WORKERS UNION vs. FCI

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1214 SC

Headnote :

In 1964, under Section 12A of the Foods Corporation of India, the Central Government transferred 15 employees from KPT to FCI. The Kandla Port Workers Union raised concerns about the transfer, questioning why only these 15 regular employees were granted transfers while the remaining 306 work charge...
DHARMENDRA PRASAD vs. SUNIL KUMAR

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1215 SC

Headnote :

IMPORTANTService laws - U.P. Jal Nigam - The Recruitment and Condition of Service Rules established by the Government under the proviso to Article 309 of the Constitution do not apply to Nigam employees.A. According to the Uttar Pradesh Jal Nigam Subordinate Engineering Service Regulations, 1978, sp...
DRAVIDA MUNNETRA KAZHAGAM (DMK) vs. SECRETARY GOVERNORS SECRETARIAT AND ORS

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1216 SC

Headnote :

Interlocutory application - Constitutional requirement regarding elections to local bodies - The sole issue raised in the main appeals was that local body elections should be conducted based on the 2011 Census rather than the 2001 Census. Given that the respondents have already utilized the 2011 Cen...
M/S N.V. INTERNATIONAL vs. STATE OF ASSAM

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1217 SC

Headnote :

The Arbitration and Conciliation Act of 1996, specifically Section 34 and Section 37, along with the Limitation Act of 1963, Article 116 and Section 5, addresses the challenge to an award. An appeal against the award must be submitted within 90 days; however, the court may grant an additional grace...
STATE OF UTTARAKHAND vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1218 SC

Headnote :

The Constitution of India, 1950, Article 131, regarding ex parte orders - The suit initiated by the plaintiff, claiming that the allocation of a 25% shareholding to the State of Uttar Pradesh in the Tehri Hydro Development Corporation was invalid due to the enactment of the U.P. Reorganisation Act,...
HAV (OFC) RWMWI BORGOYARY vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1219 SC

Headnote :

Appointment - Eligibility - The appellants, who are enrolled in Army Air Defence as Soldier Technical, hold a diploma in Radar Technology Surveillance, Electronic Warfare, and Equipment Management. There were seven vacancies for Record Officers and eight for Technical Equipment Officers (TEO) in AAD...
PRIYA PRABHAKARAN vs. SANTOSH KUMAR

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1220 SC

Headnote :

IMPORTANTMatrimonial dispute - The husband is required to pay the current value of fifty-one sovereigns of gold (equivalent to 480 grams) that belong to the wife.Matrimonial dispute - The husband must either return the fifty-one sovereigns of gold that belong to the wife or, alternatively, pay a sum...
MANAGING DIRECTOR, UTTAR PRADESH SAHKARI GRAM VIKAS BANK LIMITED vs. CHANDRA BHAN SINGH

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1221 SC

Headnote :

Reduction of the severity of punishment - Right to wages - The respondent faced a penalty of five increments being stopped along with a censure entry. Upon appeal, this was modified to the withholding of only one increment. The punishment imposed on the first respondent has not been erased; only the...
GHARSHALA BUNIYADI SHIKSHAN VIBHAG (HOME SCHOOL) vs. MADHUBEN MASUKHLAL GOHEL

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1222 SC

Headnote :

The Constitution of India, 1950, Article 136 states that a compromise has been reached between the parties involved. The compromise has been documented, and the appeal has been resolved in accordance with the terms of the compromise.[Para 4]
M/S PLR PROJECTS PVT. LTD. vs. MAHANADI COALFIELDS LIMITED

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1223 SC

Headnote :

IMPORTANTAppointment of Judges - When the High Court collegium\'s recommendations receive approval from both the Supreme Court collegium and the Government, their appointments should occur within a maximum of six months.A. Absence of Lawyers from Court - Directives - Lawyers from certain districts a...
NEW INDIA ASSURANCE CO. LTD. vs. KRISHNA KUMAR PANDEY

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1224 SC

Headnote :

IMPORTANTSection 362 of the Cr.P.C., 1973 does not prevent the High Court from exercising its inherent power to recall an order.A. Under the Criminal Procedure Code, 1973, Sections 397 and 482, and the Indian Penal Code, 1860, Section 498A, a conviction should not adversely affect the service career...
M.C. MEHTA vs. UNION OF INDIA

Judgement Date : 06 Dec 2019

Citation : 2019 Latest Caselaw 1225 SC

Headnote :

The Constitution of India, 1950, Article 32, addresses the Taj Trapezium and the provision of public facilities. It emphasizes the importance of amenities such as water supply, sewage treatment plants, drainage systems, solid waste disposal, Common Effluent Treatment Plants, biomedical waste treatme...
M/S ESPIRE INFOLABS PVT LTD vs. SADHANA FOUNDATION

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1226 SC

Headnote :

The Constitution of India, 1950, Article 136 addresses eviction suits concerning rent payments. Two petitions were submitted by the landlord seeking rent for the periods from January 1, 2013, to October 30, 2015, and from November 1, 2015, to January 31, 2017, respectively. In the first suit, the la...
MALARVIZHI vs. UNITED INDIA INSURANCE CO. LTD.

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1227 SC

Headnote :

CRUCIALMotor Accident Compensation - Income tax return serves as a statutory document - It can be relied upon to ascertain the annual income of the deceased.A. Under Section 166 of the Motor Vehicles Act, 1988 - Income Determination - The income tax return is a statutory document that can be used to...
TANVI BEHL vs. SHREY GOEL

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1228 SC

Headnote :

IMPORTANTAdmission to Post Medical Courses - Reservation based on domicile/residence as outlined in the UT Chandigarh Pool - Matter referred to a larger bench.According to Article 14 of the Constitution of India, 1950, regarding State Quota - Admission to Post Medical Courses - The validity of domic...
CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD. vs. CONSUMER EDUCATION RESEARCH SOCIETY

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1229 SC

Headnote :

The Consumer Protection Act of 1986, specifically Sections 2(d) and 2(o), addresses the relationship between consumers and service providers. In this case, the claimants were employees of ONGC who participated in the Self Contributory, Post Retirement, and Death in Service Benefits Scheme introduced...
M/S BOMBAY DYEING & MFG CO. LTD. vs. COMMISSIONER OF CENTRAL EXCISE

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1230 SC

Headnote :

Central Excise Rules 1944, Rule 9 in conjunction with Rule 49 - Central Excise Act, 1944 Section 11A Recovery - Requirement for Show Cause Notice - The assessee contended that the fabric it produced was not subject to excise duty as it was for captive consumption and not intended for sale. The Court...
UNION OF INDIA vs. DAFADAR KARTAR SINGH

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1231 SC

Headnote :

The Army Act of 1950, along with Section 69 of the Indian Penal Code of 1860, pertains to the case of housebreaking. In this appeal against an acquittal, the respondent was accused of breaking a window and unlawfully entering a house at night. He was initially found guilty and sentenced to seven mon...
ANJALAI vs. THIRUMURUGAN

Judgement Date : 09 Dec 2019

Citation : 2019 Latest Caselaw 1232 SC

Headnote :

The Civil Procedure Code of 1908, Section 100, and the Specific Relief Act of 1963, Sections 6 and 34, pertain to a suit for possession and declaration. It is important to note that not every legal question qualifies as a substantial question of law, and not every error made by lower courts can be c...
RAJENDRA DIWAN vs. PRADEEP KUMAR RANIBALA

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1233 SC

Headnote :

IMPORTANTPresidential approval cannot legitimize a statutory provision that the legislature lacked the authority to enact - The state legislature does not have the authority to create a law that allows for direct appeals to the Supreme Court.A. Constitution of India, 1950 Articles 246 and 262 Chhatt...
STATE OF UTTAR PRADESH vs. SUDARSHANA CHATTERJEE

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1234 SC

Headnote :

IMPORTANTSummoning of Officer who issued the contested order - The order made by the officer does not necessitate the officer\'s personal appearance in Court, nor does it require the summoning of officers to Court.Transition to another job - Voluntary retirement and pension benefits - Summoning of t...
STATE OF MADHYA PRADESH vs. AMAR LAL

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1235 SC

Headnote :

The Indian Penal Code, 1860, Section 302 Acquittal - The respondent, while under trial, spent 2 years, 8 months, and 11 days in custody. Following his conviction by the Sessions Judge, he remained in custody for an additional 11 years, 9 months, and 26 days. In total, the respondent has served 14 ye...
SAEEDA KHATOON ARSHI vs. STATE OF UTTAR PRADESH

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1236 SC

Headnote :

IMPORTANTThe absence of a protest application from the complainant at the time the report was submitted under Section 173 of the Cr.P.C., 1973 does not limit the court\'s authority to summon additional accused individuals.A. Criminal Procedure Code, 1973 Section 319 - Summoning additional accused -...
RAM MURTI YADAV vs. STATE OF UTTAR PRADESH

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1238 SC

Headnote :

IMPORTANTCompulsory retirement of a Judicial Officer - The criteria for evaluating the conduct of a Judicial Officer must be stringent - The decision for the compulsory retirement of the Judicial Officer has been affirmed.U.P. Fundamental Rules, Rule 56(C) - Acquittal granted to the accused - Compul...
ABCD vs. UNION OF INDIA

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1239 SC

Headnote :

A. Under Article 32 of the Constitution of India, 1950, regarding the allegation of rape, the petitioner requested a transfer of the investigation. The petitioner claimed that the respondent, an IPS officer, raped her in a hotel room. Due to the respondent\'s position, the petitioner sought to have...
KUNJAN SADANA vs. MAHESH KUMAR

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1240 SC

Headnote :

IMPORTANTMotor Vehicle - Fatal Accident - Multiplier - The age of the deceased, even if a bachelor, should be used to determine the multiplier rather than the age of the mother.A. Under the Motor Vehicles Act, 1988 Section 166, regarding compensation for death in an accident - the deceased was 19 ye...
TRIJUGI NARAIN (D) vs. SANKOO (D)

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1241 SC

Headnote :

IMPORTANTDistinction Between Joint Family Property and Coparcenary Property.A. Under Section 30 of the Hindu Succession Act, 1956, regarding testamentary succession - Following the implementation of the Succession Act on June 17, 1956, any property inherited by an heir through intestate succession a...
SRI CHANAPPA NAGAPPA MUCHALAGODA vs. DIVISIONAL MANAGER NEW INDIA INSURANCE COMPANY LIMITED

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1242 SC

Headnote :

A. Under Section 4 of the Workmen\'s Compensation Act, 1923, regarding compensation for 100% functional disability, it was determined that the workman is permanently incapacitated due to an accident, as he can only walk with the aid of a walking stick. He has lost his ability to work as a driver, as...
BGS SGS SOMA JV vs. NHPC LTD.

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1243 SC

Headnote :

IMPORTANTArbitration and Conciliation - Appeal - Appeals are permissible only from the orders specified in sub-clauses (a), (b), and (c) of Section 37(1) and not from any other orders.A. Under the Arbitration and Conciliation Act, 1996, Sections 34 and 37, and the Commercial Courts Act, 2015, Sectio...
RAJA vs. STATE BY THE INSPECTOR OF POLICE

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1244 SC

Headnote :

A. Under the Indian Penal Code of 1860, sections 109, 120B, 394, 395, 396, and 449 pertain to dacoity resulting in murder. The accused were found guilty of committing dacoity and murdering one of the victims. They were identified by injured eyewitnesses during the Test Identification Parade (TIP) an...
ANOKHILAL vs. STATE OF MADHYA PRADESH

Judgement Date : 10 Dec 2019

Citation : 2019 Latest Caselaw 1245 SC

Headnote :

The Indian Penal Code of 1860, specifically Sections 376 and 302, pertains to rape and murder. The trial was completed in 13 days, resulting in the Trial Court imposing a death sentence. The question at hand is whether the Trial Court made any mistakes or errors in its approach to this case. The Cou...
RAMJI SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1246 SC

Headnote :

A. Under the Indian Penal Code of 1860, specifically Sections 147, 148, and 302 in conjunction with Section 149, and Section 449 of the Criminal Procedure Code of 1973, Section 154, regarding murder - The witness statements related to the FIR indicate that there was no examination concerning the com...
UNION OF INDIA vs. WING COMMANDER S.P.RATHORE

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1247 SC

Headnote :

A. According to the Defence Service Regulations Pension Regulations for the Air Force, 1961, specifically Regulations 37(a) and (b), a disability pension is not granted for disabilities rated below 20%. Since the disability in question is less than 20% and was aggravated by service in the Air Force,...
CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY vs. D. RAJAN DEV

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1248 SC

Headnote :

Premium FSI charges are calculated based on the rate in effect at the time the builder submits the application. The builder does not acquire any rights simply by filing the application; rights are only granted once the Government or relevant authorities approve the application, as stated in Regulati...
ANDHRA PRADESH PUBLIC SERVICE COMMISSION vs. KOTA LINGESWARA RAO

Judgement Date : 11 Dec 2019

Citation : 2019 Latest Caselaw 1249 SC

Headnote :

IMPORTANTIf a selected candidate does not join, the Andhra Pradesh Public Service Commission cannot appoint the next candidate. Instead, they must advertise the vacant position in the next recruitment cycle.According to the Andhra Pradesh Public Service Commission Rules of Procedure, specifically Ru...
JASMEET KAUR vs. STATE (NCT OF DELHI)

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1250 SC

Headnote :

The Guardians and Wards Act of 1890, specifically Sections 7, 9, 11, and 25, along with Section 6(a) of the Hindu Minority and Guardianship Act of 1956, addresses the custody of children. The parties involved had left their home in India and established their marital residence in the United States....
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