Caselaw | Supreme Court Judgements of 2019

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M. SIDDIQ vs. MAHANT SURESH DAS

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1251 SC

Headnote :

CRUCIALAll petitions challenging the Ayodhya Judgment have been dismissed.According to Article 137 of the Constitution of India, 1950, the review of the Ayodhya judgment has been found to lack sufficient grounds, leading the Court to reject the review applications.[Para 2]

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GYARSA vs. BOARD OF REVENUE

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1252 SC

Headnote :

According to Sections 88 and 183 of the Rajasthan Tenancy Act, 1955, a suit for declaration, permanent injunction, and eviction of a trespasser based on entries in mutation was examined. It was determined that mere entries in the revenue records, whether in the name of one party or another, do not c...

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G.S. MANI vs. UNION OF INDIA

Judgement Date : 12 Dec 2019

Citation : 2019 Latest Caselaw 1253 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
CrPC Section 176. Inquiry by Magistrate into cause of death
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTRape and Murder - Court has established an Inquiry Commission to investigate the Hyderabad encounter case.According to Article 32 of the Constitution of India, 1950, regarding the Hyderabad encounter case - an Inquiry Commission has been formed. The individuals arrested in connection with t...

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SURAJ JAGANNATH JADHAV vs. STATE OF MAHARASHTRA

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1254 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

IMPORTANTMurder - Intoxication is not a mitigating factor when the accused was not in a state of extreme inebriation.Indian Penal Code, 1860 Section 302 - In the case of the murder of his wife, the accused doused the victim with kerosene while she was attempting to escape the house and was trying to...

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SAURASHTRA CHEMICALS LTD. vs. NATIONAL INSURANCE CO. LTD.

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1255 SC

Headnote :

IMPORTANTDelayed Insurer Claim - By appointing a surveyor, the insurer is prevented from arguing that there was a breach of the condition regarding the time limit for notifying the claim.A. Consumer Protection Act, 1986 Section 23 Claim for damages - Denial of claim - The claimant\'s claim was denie...

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NINGAPPA THOTAPPA ANGADI vs. SPECIAL LAND ACQUISITION OFFICER

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1256 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Land Acquisition Act of 1894, specifically Section 17(4) and 4(1), addresses the acquisition of land and the reduction of compensation. Due to a delay in filing an appeal for equal treatment with other landowners who have been expropriated, the claimant seeks the restoration of compensation. In...

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S. KRISHNA SRADHA vs. STATE OF ANDHRA PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1257 SC

Constitution of India
Contempt of Courts Act, 1971

Headnote :

IMPORTANTEducation - A meritorious candidate, who has acted promptly to assert their legal rights without any delay, should not be denied admission simply because the cut-off date has elapsed.A. Constitution of India, 1950 Articles 14, 19 and 21 - Regarding reservations in the sports and games categ...

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DIRECTOR GENERAL OF POLICE vs. M JEYANTHI

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1258 SC

Headnote :

According to Rule 35-A of the Tamil Nadu Police Subordinate Services and Section 50 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a resignation can be retracted before it is accepted. The appointing authority is permitted to accept a resignation effective from a date prior...

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PRABODH CH. DAS . vs. MAHAMAYA DAS

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1259 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

CRUCIALA second appeal cannot be dismissed on its merits due to the absence of the appellant\'s counsel.According to Section 100 of the Civil Procedure Code, 1908, and Order 41, Rule 17 (1) - In the case of a second appeal, if the appellant is not present on the scheduled hearing date, the court is...

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PRANAV VERMA vs. REGISTRAR GENERAL OF THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1260 SC

Headnote :

IMPORTANTGrace marks have been awarded to candidates of the Haryana Civil Service (Judicial Branch) Examination 2017.A. Under Articles 14 and 32 of the Constitution of India, 1950, the selection process and evaluation method for the Main (Written) Examination of Civil Judge (Junior Division) were sc...

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DAFFODILLS PHARMACEUTICALS LTD vs. STATE OF UTTAR PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1261 SC

Raghunath Thakur Vs. State of Bihar & Ors [1988] INSC 346 (8 November 1988)

Headnote :

IMPORTANTAll relevant departments are hereby instructed to refrain from making purchases from the company. No individual should face adverse actions without being given a fair chance to be heard and prior notice of such actions. This directive is hereby annulled.Tender - Supply of medicine - Crimina...

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SANJAI KUMAR vs. DR. PRABHAT KUMAR

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1262 SC

Constitution of India
Right of Children to Free and Compulsory Education Act, 2009

Headnote :

The Contempt of Courts Act, 1971, Section 2(b), and the National Council for Teacher Education Act, 1993, Sections 12 and 12A, pertain to appointments. Contempt petitions were filed asserting that, according to the interim orders issued by the Court, which were incorporated into the judgment and fin...

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RAJNISH KUMAR MISHRA vs. STATE OF UTTAR PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1263 SC

Headnote :

The Uttar Pradesh Regularization of Adhoc Appointment (On Post within the purview of the Public Service Commission) Rules, 1979, as amended in 2001, specifically Rule 6, addresses the regularization of ad-hoc appointments. It allows for a one-time regularization of employees who have served for 10 y...

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SIRAJ AHMAD vs. STATE OF UTTAR PRADESH

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1264 SC

Constitution of India

Narender Chadha & Ors Vs. Union of India & Ors [1986] INSC 14 (11 February 1986)
Baleshwar Dass & Ors Vs. State of U.P. & Ors [1980] INSC 155 (19 August 1980)

Headnote :

IMPORTANTDistinction Between Irregular and Illegal Appointments.According to Rule 24(3) of the U.P. Development Authorities Centralised Services Rules, 1985 - Promotion - Entitlement - The appellant applied in response to an advertisement issued by the State and took part in the selection process. T...

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SHYAM MADAM MOHAN RUIA vs. MESSER HOLDINGS LIMITED

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1265 SC

Code of Civil Procedure (Maharashtra Amendment) Act, 1977
Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, specifically Section 9A (added by the Maharashtra Amendment Act of 1977) and Order 14, pertains to lawsuits aimed at nullifying agreements for the transfer of shares. The matter of limitation is addressed, noting that Section 9A has been repealed. Therefore, the lim...

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SHAILENDRA RAJDEV PASVAN vs. STATE OF GUJARAT

Judgement Date : 13 Dec 2019

Citation : 2019 Latest Caselaw 1266 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Chandrappa & Ors Vs. State of Karnataka [2007] Insc 142 (15 February 2007)

Headnote :

A. Under the Indian Penal Code, 1860, Sections 302, 363, 364, 364A, and 365, concerning murder and kidnapping, an appeal against conviction was made. The accused was alleged to have kidnapped and murdered a 9-year-old boy. However, there were significant discrepancies in the testimonies of the last...

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Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1267 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 a child. In this case, the father sought custody on the basis that the mother was suffering from Paranoid Schizophrenia, w...

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VIRENDER vs. STATE OF HARYANA

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1268 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, regarding murder, the post-mortem report indicated that the death resulted from incised wounds that could have been inflicted by an axe or sickle wielded by the other two accused. During the examination-in-chief, eyewitnesses testified that the ac...

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MUKUL KUMAR TYAGI vs. STATE OF UTTAR PRADESH

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1269 SC

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Constitution of India
Uttar Pradesh Electricity Reforms Act, 1999

Headnote :

A. The Uttar Pradesh Electricity Board of Operational Employees Category Service Regulations, 1995 - Recruitment - Qualifications - The advertisement for the Technical Technician Grade-II position specified that the required Computer Course qualification was the CCC certificate issued by NIELIT/DOEA...

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MAHARAJA AGRASEN HOSPITAL vs. MASTER RISHABH SHARMA

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1270 SC

Income Tax Act, 1961
Indian Medical Council Act, 1956

Headnote :

CRUCIALMedical negligence - The failure to provide medical records for a premature infant for over two years represents serious professional misconduct and a significant deficiency in service by the Hospital and its management.A. Under the Consumer Protection Act, 1986, Section 2(1)(g) regarding Med...

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ASHI KUMAR vs. ASEEM AGARWAL

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1271 SC

Constitution of India

Headnote :

IMPORTANTCompliance with Court\'s undertaking is mandatory - The writ petition cannot be entertained in light of such an undertaking.According to Article 136 of the Constitution of India, 1950, directions were issued to the respondent to produce specified documents. The respondent, through their cou...

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PUNEET DALMIA vs. CENTRAL BUREAU OF INVESTIGATION

Judgement Date : 16 Dec 2019

Citation : 2019 Latest Caselaw 1272 SC

CrPC Section 205. Magistrate may dispense with personal attendance of accused
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

Section 205 of the Criminal Procedure Code and Section 120B of the Indian Penal Code, 1860, in conjunction with Sections 420 and 409, as well as Sections 9, 12, and 13(2) of the Prevention of Corruption Act, 1988, including 13(1)(c) and (s) 12, allow for the waiver of personal appearance. The appell...

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UNIVERSITY OF DELHI vs. UNION OF INDIA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1273 SC

Code of Civil Procedure, 1908 (CPC)
Delhi University Act, 1922
Delhi University Act, 1922
Rights of Persons with Disabilities Act, 2016

Headnote :

A. Delay in filing intra-court appeal - Condonation of Delay - The application for condonation of a 916-day delay in filing the appeal was dismissed by the Division Bench. The reasons provided for the delay are twofold: the non-availability of the Vice-Chancellor due to retirement and the time taken...

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MANJU vs. STATE OF DELHI

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1274 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The Indian Penal Code of 1860, Section 302, and the Criminal Procedure Code of 1973, Section 313, address the case of a mother accused of murdering her newborn baby. The evidence indicates that after the baby girl was born, she was placed in an incubator with an oxygen mask, did not open her eyes, a...

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DR. (MAJOR) MEETA SAHAI vs. STATE OF BIHAR

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1275 SC

Constitution of India

Dhananjay Malik & Ors Vs. State of Uttaranchal & Ors [2008] INSC 372 (5 March 2008)
Indira Sawhney Vs. Union of India & Ors [1999] INSC 418 (13 December 1999)

Headnote :

IMPORTANTIn cases where there is a misinterpretation of statutory rules leading to discriminatory outcomes, candidates have the right to contest the selection process.A. According to Rule 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules 2013, candidates participating in...

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MUNISH KAKKAR vs. NIDHI KAKKAR

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1276 SC

Constitution of India
Hindu Marriage Act, 1955

Headnote :

IMPORTANTIrretrievable breakdown of marriage - A marriage that has become untenable can be dissolved by invoking the jurisdiction under Article 142 of the Constitution of India.A. Constitution of India, 1950 Article 142 Hindu Marriage Act, 1955 Section 13(1)(ia) Irretrievable breakdown of marriage -...

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BRIGADIER L. I. SINGH YSM vs. UNION OF INDIA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1277 SC

Army Rules, 1954

Headnote :

Army Rules, 1954, Rules 22 and 180 - Disciplinary proceedings - The appellant was found guilty of several acts and omissions during his tenure as Commander of the 164 Mountain Brigade. The one-man inquiry report was not provided to the accused. The foundation for initiating the Court of Inquiry is t...

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JATINDER KUMAR vs. STATE OF HARYANA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1278 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)

Rajinder Singh Vs. State of Punjab [February 26, 2015]
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)

Headnote :

The Indian Penal Code, 1860, Section 498A and 304B regarding dowry death - The appellant was charged with subjecting the deceased to cruelty related to dowry demands. The Trial Court and the High Court accepted the testimonies of prosecution witnesses regarding the torture and dowry demands made by...

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HARINDER SINGH @ HIRA vs. STATE OF PUNJAB

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1279 SC

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

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 and 201, along with Sections 25 and 27 of the Evidence Act of 1872, pertain to the murder of a cousin brother. In this case, an extrajudicial confession was made, and the recovery of the deceased\'s body was conducted. The complainant, who is...

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KOOLI SASEENDRAN vs. STATE OF KERALA HOME DEPARTMENT

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1280 SC

Explosive Substances Act, 1908
Indian Penal Code, 1860 (IPC)

Headnote :

The Indian Penal Code of 1860, specifically Sections 143, 147, 148, and 302 in conjunction with Section 149, along with the Explosive Substances Act of 1908, Sections 3 and 5, pertains to the murder of an RSS worker. This case involves an unlawful assembly of CPM workers who were armed with lethal w...

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CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1281 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996

Headnote :

IMPORTANTThe appointment of an Arbitrator must adhere to the General Conditions of Contract.A. Under Sections 11(6) and 12(5) of the Arbitration and Conciliation Act, 1996, the appointment of an Arbitrator is discussed. The appellant awarded a contract to the respondent company, which failed to comp...

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SAKETA VAKSANA LLP vs. KAUKUTLA SARALA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1282 SC

Headnote :

The Civil Procedure Code of 1908, specifically Order 39 Rules 1 and 2, pertains to an agreement to sell made between a developer and landowners. The document in question was not registered, yet physical possession was transferred to the developer. The developer requested that the landowners be order...

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CHANDIGARH HOUSING BOARD vs. M/S. PARASVANATH DEVELOPERS PVT. LTD.

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1283 SC

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the directive to pay compensation in an appeal case. The National Commission ordered both the Developer and the CHB to compensate the complainant, a flat purchaser, with a principal sum and additional compensation in a 70:30 ratio due to del...

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M/S GENENTECH INC. vs. DRUGS CONTROLLER GENERAL OF INDIA

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1284 SC

Drugs and Cosmetics Act, 1940

Headnote :

Civil Procedure Code, Order 39, Rules 1 and 2 - Drugs and Cosmetics Act, 1940, Section 37 - Biosimilar drugs - Protection - The respondent\'s drug \'TrastuRel\' is claimed to be a biosimilar version of the appellant\'s \'Trastuzumab\'. The appellant\'s lawsuit in the High Court is neither a trademar...

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M/S LANCO HILLS TECHNOLOGY PARK PVT LTD. vs. MANISHA BALKRISHNA KULKARNI

Judgement Date : 17 Dec 2019

Citation : 2019 Latest Caselaw 1285 SC

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the execution of a sale deed in cases of delayed possession of a flat. The order mandates compensation at a rate of Rs. 5 per square foot, along with an 18% per annum compensation for a six-month delay based on the agreed contractual terms....

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P. SINGARAVELAN vs. DISTRICT COLLECTOR, TIRUPPUR

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1286 SC

Constitution of India

K.K. Bhalla Vs. State of M.P. & Ors [2006] Insc 19 (13 january 2006)

Headnote :

IMPORTANTThe refusal to grant Special Leave Petition (SLP) through a non-speaking order does not equate to a declaration of law under Article 141 of the Constitution, nor does it invoke the doctrine of merger.A. According to the Tamil Nadu Revised Scales of Pay Rules, 1998, Schedule II, Serial No. 6...

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JHARKHAND PUBLIC SERVICE COMMISSION vs. MANOJ KUMAR GUPTA

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1287 SC

Headnote :

The Jharkhand Eligibility Test determines candidates\' eligibility for lecturer positions in universities and colleges. According to Clause 4.1 of the scheme, a moderation committee was established solely to determine the cut-off marks for each subject when declaring results. The advertisement speci...

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M/S SHANTI CONDUCTORS (P) LTD vs. ASSAM STATE ELECTRICITY BOARD

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1288 SC

Interest Act, 1978
Limitation Act, 1963
Sale of Goods Act, 1930

Headnote :

A. Under Article 137 of the Constitution of India, 1950, and Order 7, Rule 6 of the Civil Procedure Code, 1908, along with Section 19 of the Limitation Act, 1963, a suit can be dismissed on the basis of limitation. The judgment determined that the limitation period for the petitioner\'s suit was gov...

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RANA PRATAP SINGH vs. VITTIYA EVAM LEKHA ADHIKARI DIST. BASIC EDUCATION OFFICER

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1289 SC

Headnote :

A. Under the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985, specifically Rule 22, the appointment of the appellant as a Junior Accounts Clerk is valid. The position became vacant due to the promotion of the individual previously holding the role. The appointing authority cal...

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STATE OF UP vs. RAVINDRA @ BABLOO

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1290 SC

Indian Penal Code, 1860 (IPC)

Headnote :

A. Indian Penal Code, 1860 Sections 302, 307, 149, 147, 148, and 452 - Acquittal - Appeal - Five individuals armed with weapons entered the residence of the deceased. When the deceased attempted to flee for safety, he was pursued and attacked. One of the assailants shot at the deceased, causing him...

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M/S CEE CEE AND CEE CEES vs. K. DEVAMANI

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1291 SC

Headnote :

The Puducherry Excise Act of 1970, specifically Section 2(22), along with the Puducherry Excise Rules of 1970, including Rules 22A (a), 163, and 209, addresses the relocation of liquor shops. The term \"place\" as defined in the Act encompasses various types of locations such as houses, buildings, s...

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MAYANK N SHAH vs. STATE OF GUJARAT

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1292 SC

Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Central Bureau of Investigation, Hyderabad Vs. K. Narayana Rao [September 21, 2012]

Headnote :

A. Under the Indian Penal Code, 1860, Sections 161 and 165, the fabrication of false invoices in the name of a firm led to the fraudulent and dishonest inducement of a bank to disburse Rs. 30,93,300/-. When the advocate who filed the appeal was promoted to the Bench, it became the responsibility of...

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KHAJA BILAL AHMED vs. STATE OF TELANGANA

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1293 SC

Criminal Law Amendment Act, 1932
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 506. Punishment for criminal intimidation

Headnote :

The Telangana Act for the Prevention of Dangerous Activities related to Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commo...

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M/S DYNA TECHNOLOGIES PVT.LTD. vs. M/S CROMPTON GREAVES LTD.

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1294 SC

Arbitration and Conciliation Act, 1996
Indian Contract Act, 1872

Headnote :

CRUCIALArbitration Courts must exercise caution when differentiating between insufficient reasoning in an award and awards that are unintelligible.Generally, awards that are unintelligible should be annulled, unless the parties choose to forgo a reasoned award.A. According to Section 34 of the Arbit...

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DAV PUBLIC SCHOOL vs. SENIOR MANAGER INDIAN BANK MIDNAPUR BRANCH

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1295 SC

Headnote :

CRUCIALOnline Banking Fraud - Misappropriation of Rs. 30,00,000/- from the school\'s bank accounts lacking net banking access - Order for Bank to compensate the School with Rs. 25,00,000/-.According to the Consumer Protection Act, 1986 Section 2(1)(g), an Online Banking Fraud occurred when the schoo...

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STANDARD CHARTERED BANK vs. HEAVY ENGINEERING CORPORATION LTD.

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1296 SC

Headnote :

A bank guarantee is an independent agreement between the bank and the beneficiary. The bank is always required to fulfill its guarantee as long as it is unconditional and irrevocable. Any disputes between the beneficiary and the party that requested the bank guarantee are irrelevant and do not affec...

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KANWAR PAL SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1297 SC

Chartered Accountants Act, 1949
Chartered Accountants Act, 1949
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 482. Saving of inherent power of High Court
Gold (Control) Act, 1968
Indian Penal Code, 1860 (IPC)
IPC Section 177. Furnishing false information
IPC Section 378. Theft
IPC Section 379. Punishment for theft
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467
Mines and Minerals (Development and Regulation) Act, 1957
Prevention of Damage to Public Property Act, 1984
Transplantation of Human Organs and Tissues Act, 1994

Headnote :

A. Under the Indian Penal Code of 1860, Section 379, and the Mines and Minerals (Development and Regulation) Act of 1957, Sections 4 and 21, illegal sand excavation is addressed. The punishment for offenses under Section 4 in conjunction with Section 21 of the Mines Regulation Act is distinct from t...

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AKSHAY KUMAR SINGH vs. STATE (NCT OF DELHI)

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1298 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
IPC Section 120B. Punishment of criminal conspiracy
Supreme Court Rules, 2013

Headnote :

IMPORTANTReview petition regarding the Death Penalty - A review petition is not intended for re-evaluating the appeal based on repeated assessments of evidence.A. Constitution of India, 1950 Article 137; Indian Penal Code, 1860 Section 120B; Sections 120B IPC, 302, 307, 365, 366, 376 (2)(g), 377, 39...

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IN RE ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1299 SC

CrPC Section 154. Information in cognizable cases
CrPC Section 164. Recording of confessions and statements
CrPC Section 53A. Examination of person accused of rape by medical practitioner
Indian Penal Code, 1860 (IPC)
IPC Section 166A. (Punishment for non recording of information)
IPC Section 166B. Punishment for non treatment of victim
IPC Section 375. Rape

Headnote :

IMPORTANTRegarding the agitation, anxiety, and unrest among the public due to delays in rape case proceedings, the Court has requested status reports from various responsible parties.Under the Indian Penal Code, 1860, specifically Sections 376, 166A, 357C, and 166B concerning rape cases, the Court h...

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UTTARAKHAND TRANSPORT CORPORATION vs. HEERA SINGH PARIHAR

Judgement Date : 18 Dec 2019

Citation : 2019 Latest Caselaw 1300 SC

Headnote :

IMPORTANTDisciplinary proceedings are not of a quasi-criminal nature.Misconduct Incident - Disciplinary proceedings - An employee assaulted and mistreated a fellow driver - The High Court annulled the disciplinary proceedings, noting that they were treated as quasi-criminal in nature - The High Cour...

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