Caselaw | Supreme Court Judgements of february 2020

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UNION OF INDIA vs. ROSAMMA BENNY

Judgement Date : 04 Feb 2020

Citation : 2020 Latest Caselaw 113 SC

Headnote :

The Indian Railway Establishment, Clause 129, Manual Vol. I, addresses financial advancement under the Modified Assured Career Progression (MACP) Scheme. It was determined that, based on the circular dated September 12, 2012, issued by the Ministry of Railways (Railway Board) on behalf of the Govern...

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KAJAL vs. JAGDISH CHAND

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 114 SC

Motor Vehicles Act, 1988

Headnote :

IMPORTANTSupreme Court reiterates principles necessary for the payment of just compensation.A. Under Section 168 of the Motor Vehicle Act, 1988 - In the event of an accident, the principles for awarding compensation state that a claimant may experience consequential losses due to injuries sustained,...

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M/S BHARAT COKING COAL LIMITED vs. SHYAM KISHORE SINGH

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 115 SC

U.P. Madhyamik Shiksha Parishad & Ors Vs. Raj Kumar Agnihotri [2005] INSC 271 (21 April 2005)
Union of India Vs. Harnam Singh [1993] INSC 73 (9 February 1993)

Headnote :

IMPORTANTEven if there is substantial evidence indicating that the recorded date of birth is incorrect, modifications to the service record are not allowed at the end of service.A. Modification of Date of Birth in Service Record - The employee began service on 01.03.1982, with the date of birth reco...

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MOHAMMADE YUSUF vs. RAJKUMAR

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 116 SC

Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Bhoop Singh Vs. Ram Singh Major & Ors [1995] INSC 483 (11 September 1995)

Headnote :

NOTICEA compromise decree involving immovable property, aside from the property that is the subject of the suit or proceeding, must be registered.According to Section 17 of the Registration Act, 1908, a compromise decree concerning property that was the subject of the suit is not included in the exc...

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M/S HIGH RANGE COFFEE CURING PVT.LTD vs. STATE OF KARNATAKA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 118 SC

Central Sales Tax Act, 1956
Karnataka Sales Tax Act, 1957

Headnote :

Karnataka Sales Tax Act, 1957, Sections 5 and 6 - Industrial Policy 1996 - Exemption - Government Order No. CI 30 SPC 96, dated March 15, 1996, known as Industrial Policy 1996, only offers sales tax concessions. The distinction is evident - the notion that purchase tax was included in the industrial...

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D.RAGHU vs. R.BASAVESWARUDU

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 119 SC

Constitution of India
Corrigendum
Gwalior

P. Mahendran Vs. State of Karnataka [1989] INSC 372 (5 December 1989)

Headnote :

The Recruitment Rules for Group \'C\' Posts in the Central Excise and Land Customs Department, established in 2003, specifically Rules 4 and 5, address seniority and eligibility for promotion to the position of inspector. In 2001, the Cabinet approved the restructuring of certain positions, which in...

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M/S NATESAN AGENCIES vs. STATE

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 120 SC

Wild Life (Protection) Act, 1972

Headnote :

A. The Wild Life (Protection) Act, 1972 - Exclusion of leased land from the boundaries of the wildlife sanctuary - Claim for Damages - Following the notification issued in 1976 that included the land, the appellant had no opportunity to acquire any additional rights to the land after the lease expir...

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CANARA BANK vs. M/S UNITED INDIA INSURANCE CO. LTD

Judgement Date : 06 Feb 2020

Citation : 2020 Latest Caselaw 121 SC

Constitution of India

United India Insurance Co. Ltd. [JULY 02, 2018]

Headnote :

IMPORTANTAs long as the insured is not the individual responsible for the fire, the Insurance Company cannot evade liability. The coverage provisions of the insurance policy should be interpreted broadly, and any ambiguities should be resolved in favor of the insured.The beneficiaries of an insuranc...

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C.S.VENKATESH vs. A.S.C.MURTHY

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 122 SC

Specific Relief Act, 1963
Transfer of Property Act, 1882

Headnote :

IMPORTANTSpecific performance - The plaintiff must demonstrate that he has the means to generate the consideration amount.A. Under Section 58(c) of the Transfer of Property Act, 1882 regarding Specific Performance of Contract - Execution of conveyance deed - The question arises whether the sale deed...

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M/S. SKJ COKE INDUSTRIES LTD vs. COAL INDIA LTD

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 123 SC

Colliery Control Order, 2000
Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The Colliery Control Order of 1945, specifically Clauses 3, 4, 4A, and 4B, along with Section 16 of the Essential Commodities Act of 1995, pertains to the allocation and pricing of coal. A notification issued by the Central Government on January 9, 1996, exempted Coal India and its subsidiaries from...

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MARUTI SUZUKI INDIA LTD. vs. COMMISSIONER OF INCOME TAX DELHI

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 124 SC

Central Excise Act, 1944

Headnote :

IMPORTANTUnutilized credit in the MODVAT scheme cannot be considered as an amount actually paid by the purchaser of inputs for manufacturing purposes - It does not qualify for deductions under the Income Tax Act.A. Central Excise Rules 1944, Rules 2(3) and 57A to 57F - Inputs utilized in manufacturi...

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PREM CHAND SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 125 SC

CrPC Section 420. Warrant with whom to be lodged
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

IMPORTANTIf the foundation of two FIRs is identical, prosecution based on a subsequent FIR is not valid.According to Section 300 of the Criminal Procedure Code, 1973, regarding the second FIR - Discharge - An FIR was filed by the complainant claiming that the accused forged a power of attorney and s...

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KALINDI DAMODAR GARDE vs. MANOHAR LAXMAN KULKARNI

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 126 SC

Hindu Adoptions and Maintenance Act, 1956
Hindu Succession Act, 1956

Bhanwar Singh Vs. Puran & Ors [2008] INSC 172 (12 February 2008)

Headnote :

IMPORTANTThere is no rule that prevents the natural born son of an adoptee father, who was born before the adoption, from inheriting.According to Section 8 of the Hindu Succession Act, 1956, children born to an adoptee prior to the adoption have the right to inherit. The fact that a father has adopt...

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PARMESHWAR NANDA vs. STATE OF JHARKHAND CHIEF SECRETARY

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 127 SC

Headnote :

According to Rule 59 of the Bihar Pension Rules, 1950, past service is not counted for pension benefits. The circular dated August 12, 1969, addresses pension benefits for temporary government employees. The appellants were never appointed by the government, either temporarily or permanently; they w...

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INFINITY INFOTECH PARKS LIMITED vs. SHIVA JUTE MILLS PRIVATE LIMITED

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 128 SC

Headnote :

The Constitution of India, 1950, Article 136 addresses the occupation of multi-storey buildings and the associated liability for maintenance and electricity charges. The respondent, who was granted sub-lease in the premises, has failed to pay any lease rent, maintenance fees, electricity charges, or...

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MUKESH KUMAR vs. STATE OF UTTARAKHAND

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 129 SC

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

Headnote :

IMPORTANTThe State Government\'s decision regarding reservations for Scheduled Castes and Scheduled Tribes cannot be based solely on quantifiable data.According to the Constitution of India, 1950, Article 16(4) and 16(4-A), as well as the Uttar Pradesh Public Services (Reservation for Scheduled Cast...

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NITESH KUMAR PANDEY vs. STATE OF MADHYA PRADESH

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 130 SC

Munindra Kumar & Ors Vs. Rajiv Govil & Ors [1991] INSC 139 (10 May 1991)

Headnote :

A. Selection Criteria - Modification - The issue pertains to the selection for the position of Gram Rojgar in the Panchayat. Guidelines were issued that mandated specific qualifications, including a computer examination pass certificate from designated universities. However, additional criteria for...

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OIL AND NATURAL GAS CORPORATION vs. KRISHAN GOPAL

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 131 SC

Constitution of India
Trade Unions Act, 1926

Headnote :

IMPORTANTCan labor or industrial courts mandate regularization in the absence of sanctioned positions? This issue has been referred to a larger bench.According to Section 10 of the Industrial Disputes Act, 1947 - The authority of the Labour Court to mandate regularization - Is there any limitation o...

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VUNDAVALLI RATNA MANIKYAM vs. V.P.P.R.N. PRASADA RAO

Judgement Date : 06 Feb 2020

Citation : 2020 Latest Caselaw 132 SC

Headnote :

The Limitation Act of 1963, specifically Articles 54 and 113, pertains to the execution of an agreement to sell and the specific performance of a contract, which may be barred by limitation. Article 113 of the Limitation Act is relevant as the suit was filed within three years from the time the righ...

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RAJESHBHAI MULJIBHAI PATEL vs. STATE OF GUJARAT

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 133 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 114. Abettor present when offence is committed

Headnote :

IMPORTANTWhile the opinion of a handwriting expert is a relevant piece of evidence, an FIR cannot be registered solely based on that opinion.A. Indian Penal Code, 1860 Sections 406, 420, 465, 467, 468, 471, and 114 - Forgery - Quashing of FIR - The complainant alleged that the appellants conspired t...

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MUKUL AGRAWAL vs. STATE OF UTTAR PRADESH

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 134 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

The Criminal Procedure Code of 1973, Section 482, and the Indian Penal Code of 1860, Sections 420, 467, 468, and 471, have led to the decision to decline the quashing of criminal proceedings. The complaint asserts that the agreement presented by the accused in the lawsuit is a false and fabricated d...

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ATMA RAM vs. CHARANJIT SINGH

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 135 SC

Code of Civil Procedure, 1908 (CPC)
Specific Relief Act, 1963

Headnote :

A. Under the Specific Relief Act of 1963, Sections 16(c) and 38 of the Civil Procedure Code, 1908, Section 149, a suit for mandatory injunction (which is essentially a suit for specific performance) concerning an agreement for the purchase of immovable property faced issues with court fees. The peti...

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KANTARU RAJEEVARU vs. INDIAN YOUNG LAWYERS ASSOCIATION

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 136 SC

Constitution of India

Headnote :

Petition for review - Referral to a larger Bench - The Court established issues for examination and submitted legal questions to a larger Bench in the review petition.[Para 2]

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STATE OF U.P. vs. VIRENDRA KUMAR

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 137 SC

U.P. Industrial Housing Act, 1955

Headnote :

The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam of 1965, specifically Sections 15 and 94(2)(nn), pertains to the Family Pension and Gratuity Scheme and grants the Board the authority to establish such regulations. In the case of State of U.P. Vs Preetam Singh and others, the court determined th...

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ARUN SINGH vs. STATE OF U.P.

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 138 SC

Criminal Procedure Code, 1973
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Headnote :

IMPORTANTA settlement reached between the parties does not provide a valid basis for quashing an FIR in cases involving offenses against society.The authority to compound an offense and the inherent power to quash are separate and distinct, even though the end result may be the same, such as the acq...

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PRATHVI RAJ CHAUHAN vs. UNION OF INDIA

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 139 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 438. Direction for grant of bail to person apprehending arrest
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe accused can only be granted anticipatory bail if no prima facie case is established under the Atrocities Act. Otherwise, Section 438 of the Cr.P.C., 1973 does not apply to cases under the SC and ST Act.A. Under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act...

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RAJEEV KOURAV vs. BAISAHAB

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 140 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 306. Abetment of suicide
IPC Section 506. Punishment for criminal intimidation

Headnote :

IMPORTANTCriminal Procedure - Criminal proceedings cannot be dismissed based on the evaluation of statements recorded under Section 161 of the Cr.PC.According to the Criminal Procedure Code of 1973, Section 482, and the Indian Penal Code of 1860, Section 506 regarding criminal intimidation, it has b...

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SRIDHAR vs. N. REVANNA

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 141 SC

Section 10. TPA, Condition restraining alienation.
Section 126. TPA, When gift may be suspended or revoked.
Section 13. TPA, Transfer for benefit of unborn person.
Transfer of Property Act, 1882

Headnote :

The Transfer of Property Act, 1882, Sections 10 and 13, addresses the issue of gifts and restrictions on the alienation of property. In this case, the defendant received property from his grandfather with a stipulation that neither he nor his future brother could alienate the property. However, a co...

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GOVERNMENT OF INDIA vs. SITAKANT S. DUBHASHI

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 143 SC

Constitution of India

Headnote :

The Swatantrata Sainik Samman Pension Scheme of 1980 faced a claim rejection under the Goa Freedom Fighter\'s Welfare Rules of 1988, specifically Rule 2 (1). This pertains to the Goa Liberation Movement and the eligibility for pension benefits. The Central Government, after reviewing various represe...

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M/S.RAJANKUMAR AND BROTHERS vs. ORIENTAL INSURANCE CO.LTD.

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 144 SC

Marine Insurance Act, 1963

Headnote :

A. Under the Consumer Protection Act of 1986, Section 23, and the Marine Insurance Act of 1963, Section 35, regarding insurance claims and breach of warranty: The respondent issued a Maritime Cargo Cover Note for a voyage to the appellant. Both the Cover Note and the Insurance Policy specified that...

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UNION OF INDIA vs. DEEPAK NIRANJAN NATH PANDIT

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 145 SC

Headnote :

The Constitution of India, 1950, Article 226 discusses the transfer of an employee and the interference through writ jurisdiction. The respondent contested the transfer, and due to an interim order from the High Court, did not report to the new posting location. Meanwhile, the respondent was suspend...

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STATE BANK OF INDIA vs. NEW INDIA ASSURANCE CO. LTD

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 146 SC

Headnote :

According to Section 23 of the Consumer Protection Act, 1986, a loan agreement was established between the Bank and the Borrower. The agreement stipulated that the Borrower was responsible for insuring all assets pledged to the Bank. Following this, the Bank procured insurance coverage on behalf of...

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BHARTI AXA GENERAL INSURANCE CO. LTD vs. PRIYA PAUL

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 147 SC

Aircraft Rules, 1937

United India Insurance Co. Ltd. [JULY 02, 2018]

Headnote :

A. Under the Consumer Protection Act of 1986, Section 23, and the Aircraft Act of 1934, Section 2(1), regarding a death resulting from an accident, a claim for insurance was made for an individual who died while on vacation in Canada participating in gliding activities. A glider is classified as an...

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M/S OUDH SUGAR MILLS LTD vs. UNION OF INDIA

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 148 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The determination of price for levy sugar and the classification of zones was contested by the appellant sugar mill, which argued that despite having similar geographical and climatic conditions, it was assigned to the central zone for price fixation, while other mills were categorized in the easter...

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BRAHMA SINGH vs. UNION OF INDIA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 149 SC

Legal Services Authorities Act, 1987
National Legal Services Authority Rules, 1995
Supreme Court Legal Services Committee Regulations, 1996
Supreme Court Legal Services Committee Rules, 2000

Devendra Pratap Narain Rai Sharma Vs. State of Uttar Pradesh [1961] INSC 315 (3 November 1961)

Headnote :

IMPORTANTPension - Service provided in the Supreme Court Legal Aid Committee and the Supreme Court Legal Services Committee before the enactment of the Supreme Court Legal Services Committee Rules, 2000, is eligible to be included when calculating qualifying service for pension determination.Accordi...

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SAKKUBAI vs. STATE OF KARNATAKA

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 150 SC

Ancient Monuments and Archaeological Sites and Remains Act, 1958

Headnote :

The Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act of 1961, specifically Sections 19(1) and 20, addresses the heritage significance of Hampi. It mandates the demolition of unauthorized constructions. Following the establishment of the Hampi World Heritage Area Manag...

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MALLURU MALLAPPA vs. KURUVATHAPPA

Judgement Date : 12 Feb 2020

Citation : 2020 Latest Caselaw 151 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963

Vinod Kumar Vs. Gangadhar [October 13, 2014]
Santosh Hazari Vs. Purushottam Tiwari [2001] INSC 76 (8 February 2001)
Hari Shankar Vs. Rao Girdhari Lal Chowdhury [1961] INSC 342 (5 December 1961)

Headnote :

IMPORTANTCivil Procedure - The first appellate court must adhere to the requirements of Order 41, Rule 31 when affirming a trial court\'s judgment.A. Civil Procedure Code, 1908 Section 96 and Order XLI Rule 31 - Specific performance - The first appellate court\'s failure to follow the guidelines set...

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BALWANT SINGH vs. DUNGAR SINGH

Judgement Date : 12 Feb 2020

Citation : 2020 Latest Caselaw 152 SC

Headnote :

IMPORTANTArbitration agreement regarding the division of family properties - Award is binding on the parties.According to Section 39(1)(6) of the Arbitration Act, 1940, concerning the partition of family properties - Appointment of Arbitrators - Award - Based on the reference dated 23.11.1981, the p...

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ORIENTAL INSURANCE COMPANY LTD vs. NATIONAL BULK HANDLING CORPORATION PVT. LTD.

Judgement Date : 12 Feb 2020

Citation : 2020 Latest Caselaw 153 SC

Indian Penal Code, 1860 (IPC)

Headnote :

According to Section 23 of the Consumer Protection Act, 1986, the complainant is responsible for storing commodities pledged by farmers, traders, and manufacturers when obtaining loans from lending banks. If there is any loss of these pledged commodities, the complainant must compensate the lending...

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K.SIVARAMAN vs P.SATHISHKUMAR

Judgement Date : 13 Feb 2020

Citation : 2020 Latest Caselaw 154 SC

Vijay Vs. State of Maharashtra [2008] INSC 2054 (1 December 2008)
Vijay Vs. State of Maharashtra & Ors [2006] Insc 452 (26 July 2006)

Headnote :

IMPORTANTThe date that is significant for determining the compensation owed under the Employee\'s Compensation Act is the date of the accident. The benefits of the amendment that increases the compensation amount will not be applicable to accidents that occurred before the amendment took effect.Acco...

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VIJAY KARIA vs. PRYSMIAN CAVI E SISTEMI SRL

Judgement Date : 13 Feb 2020

Citation : 2020 Latest Caselaw 155 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitution of India
Delegation of Powers
Delegation of Powers
UNCITRAL Model Law on International Commercial Arbitration, 1985

Shri Lal Mahal Ltd. Vs. Progetto Grano Spa [July 03, 2013]

Headnote :

IMPORTANTArbitration Awards should always be interpreted in a manner that supports their validity, with a preference for upholding them rather than invalidating them.Regarding the recognition and enforcement of foreign awards, an appeal is allowed against a judgment that refuses to recognize and enf...

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RAMBABU SINGH THAKUR vs. SUNIL ARORA

Judgement Date : 13 Feb 2020

Citation : 2020 Latest Caselaw 156 SC

Constitution of India

Headnote :

CRUCIALThere has been a concerning rise in the number of criminals involved in politics - The Supreme Court has issued six mandatory directives.According to Articles 129 and 142 of the Constitution of India, 1950, the criminalization of politics has escalated alarmingly over the past four general el...

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VINOD RAVJIBHAI RAJPUT vs. STATE OF GUJARAT

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 157 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The Class IV Posts in Inferior Services within the Gujarat Secretariat and Non-Secretariat Offices Recruitment Rules, 2005, specifically Rules 2 to 7, address the termination of services and reinstatement. The appellant was appointed as a full-time Gallery Attendant in Group IV with the approval of...

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SOBHA HIBISCUS CONDOMINIUM vs. MANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 158 SC

Karnataka Apartment Ownership Act, 1972
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

IMPORTANTConsumer Protection - A voluntarily registered association is permitted to file complaints on behalf of its members to address their grievances - There is no provision in the Act that limits its application to complaints from individual complainants.A. Under the Consumer Protection Act, 198...

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M/S. BASPA ORGANICS LIMITED vs. UNITED INDIA INSURANCE COMPANY LIMITED.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 159 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955
Petroleum Act, 1934

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the breach of policy terms regarding the denial of an insurance claim. In this case, a fire occurred at the appellant\'s factory premises, leading the insurer to reject the claim based on the grounds of overvaluation and the lack of a proper...

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SANTOSH PRASAD @ SANTOSH KUMAR vs. STATE OF BIHAR

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 160 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 376. Punishment for rape
IPC Section 450. House-trespass in order to commit offence punishable with imprisonment for life

Ravindra Vs. State of Madhya Pradesh [February 26, 2015]
Mukesh Vs. State of Chhattisgarh [September 25, 2014]

Headnote :

IMPORTANTIn cases involving the testimony of a prosecutrix, the accused cannot be convicted of rape solely based on her statement unless it meets the standard of \"Sterling\" quality. The court may accept the witness\'s account without the need for corroboration, which can lead to a guilty verdict.A...

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CHANDIGARH CONSTRUCTION CO. PVT.LTD vs. STATE OF PUNJAB

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 161 SC

Indian Oil Corporation Vs. Indian Carbon Ltd. [1988] INSC 92 (6 April 1988)

Headnote :

The Arbitration and Conciliation Act of 1940, Section 34 - Award - Setting Aside - The claimant and the opposing party entered into a contract for earthwork, drainage behind lining, and cement concrete lining. During the execution of the project, the scope of work expanded. The rates specified in th...

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APS FOREX SERVICES PVT LTD vs. SHAKTI INTERNATIONAL FASHION LINKERS

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 162 SC

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

Headnote :

IMPORTANTThe defense claim that the \'cheque was issued as security\' is not credible without additional evidence to counter the presumption established under section 139 of the Negotiable Instruments Act.Under the Negotiable Instruments Act, 1881, Sections 138 and 139, regarding the dishonor of a c...

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VINAY SHARMA vs. UNION OF INDIA

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 163 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 412. Dishonestly receiving property stolen in the commission of a dacoity
Right to Information Act, 2005

Satpal Vs. State of Haryana [May 01, 2018]
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

IMPORTANTNirbhaya case - Convict\'s challenge against mercy rejection - Dismissed.A. Constitution of India, 1950 Article 32; Indian Penal Code, 1860 Sections 120B, 307, 365, 366, and 412 - Nirbhaya\'s case - Rejection of mercy petition - Judicial review - The argument regarding the non-provision of...

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VINOD GIRI GOSWAMI vs. STATE OF UTTARAKHAND

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 164 SC

Uttar Pradesh Reorganization Act, 2000

Headnote :

IMPORTANTOfficiating in an ad hoc position, which is not conducted in accordance with the established Rules and is merely a temporary arrangement, cannot be considered when determining seniority.A. According to the Uttarakhand Civil Services (Executive Branch) Rules 2005, Rule 24(4) - Promotion - Se...

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