Caselaw | Supreme Court Judgements of july 2020

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ARUNA OSWAL vs. PANKAJ OSWAL

Judgement Date : 06 Jul 2020

Citation : 2020 Latest Caselaw 416 SC

Banking Regulation Act, 1949
Companies (Share Capital and Debentures) Rules, 2014
Companies Act, 2013
Government Savings Certificates Act, 1959
Gwalior
Insurance Act, 1938

Headnote :

CRUCIALThe determination of shareholding inheritance cannot be resolved in proceedings under sections 241/242 of the Companies Act before the NCLT.A. According to Section 72 of the Companies Act, 2013 - Shareholding - Nomination - Every security holder has the right to nominate an individual to whom...

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REEPAK KANSAL vs. SECRETARY GENERAL SUPREME COURT OF INDIA

Judgement Date : 06 Jul 2020

Citation : 2020 Latest Caselaw 417 SC

Constitution of India

Headnote :

CRUCIALLawyers play a vital role in the judicial system; they are officers of the Court and hold a distinct position in society. As members of a noble profession, lawyers are expected to uphold self-respect and embody the intellectual elite of society.A. Under Article 32 of the Constitution of India...

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DAHIBEN vs. ARVINDBHAI KALYANJI BHANUSALI

Judgement Date : 09 Jul 2020

Citation : 2020 Latest Caselaw 418 SC

Limitation Act, 1963
Transfer of Property Act, 1882

Azhar Hussain Vs. Rajiv Gandhi [1986] INSC 93 (25 April 1986)

Headnote :

CRUCIALA sale deed cannot be annulled due to non-payment of the full purchase price - The vendor has alternative legal remedies to recover the outstanding amount.A. According to the Civil Procedure Code, 1908, Order 7, Rule 11 - Rejection of plaint - The remedy of rejecting a plaint is a distinct an...

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SRI MARTHANDA VARMA vs. STATE OF KERALA

Judgement Date : 13 Jul 2020

Citation : 2020 Latest Caselaw 419 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Gwalior
Hindu Succession Act, 1956
Income Tax Act, 1961
Indian Succession Act, 1925
Special Marriage Act, 1954
Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971
Wealth Tax Act, 1957

Raghunathrao Ganpatrao Vs. Union of India [1993] INSC 62 (4 February 1993)
His Holiness Digya Darshan Rajendra Ram Doss Vs. Devendra Doss [1972] INSC 270 (6 November 1972)
The Commissioner, Hindu Religious Endowments, Madras Vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [1954] INSC 46 (16 April 1954)

Headnote :

CRUCIALShebaitship or temple management - Vesting - When an idol is installed, a temple is built, or an endowment is established, the shebaitship is granted to the founder, unless the founder has transferred the shebaitship themselves.A. Under the Travancore Cochin Hindu Religious Institutions Act,...

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DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA vs.AAM AADMI LOKMANCH

Judgement Date : 14 Jul 2020

Citation : 2020 Latest Caselaw 420 SC

Air (Prevention and Control of Pollution) Act, 1981
Biological Diversity Act, 2002
Bombay Metropolitan Region Development Authority Act, 1974
Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 176. Inquiry by Magistrate into cause of death
Environment (Protection) Act, 1986
Forest (Conservation) Act, 1980
Indian Evidence Act, 1872
IPC Section 196. Using evidence known to be false
Karnataka Municipal Corporations Act, 1976
Maharashtra Land Revenue Code, 1966
Maharashtra Regional and Town Planning Act, 1966
Mineral Concession Rules, 1960
Mines and Minerals (Development and Regulation) Act, 1957
Motor Vehicles Act, 1988
National Green Tribunal Act, 2010
National Highways Act, 1956
National Highways Act, 1956
Public Liability Insurance Act, 1991
Water (Prevention and Control of Pollution) Act, 1974
Water (Prevention and Control of Pollution) Cess Act, 1977

M.C. Mehta Vs. Union of India & Ors [2007] Insc 1031 (10 October 2007)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 79 (16 February 2006)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 203 (13 April 2006)
M.C. Mehta Vs. Union of India & Ors [2006] Insc 625 (29 September 2006)
M.C. Mehta Vs. Union of India & Ors [2004] Insc 179 (18 March 2004)
M.C. Mehta Vs. Union of India & Ors [2003] INSC 208 (2 April 2003)
Narmada Bachao Andolan Vs. Union of India & Ors [2000] INSC 518 (18 October 2000)
M.C. Mehta Vs. Union of India & Ors [1999] INSC 225 (22 July 1999)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 8 (7 January 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 295 (12 May 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 300 (12 May 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 625 (18 December 1998)
M.C. Mehta Vs. Union of India & Ors [1998] INSC 633 (18 December 1998)
M.C. Mehta Vs. Union of India & Ors [1997] INSC 840 (20 November 1997)
M.C. Mehta Vs. Union of India & Ors [1996] INSC 763 (8 July 1996)
M.C. Mehta Vs. Union of India & Ors [1996] INSC 1290 (11 October 1996)

Headnote :

CRUCIALFatalities due to negligence and illegal mining along the National Highway - The National Green Tribunal has the authority to mandate compensation payments to the NHAI, even if there are no legal representatives or heirs of the deceased involved in the proceedings, or if they have pursued sep...

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ARJUN PANDITRAO KHOTKAR vs. KAILASH KUSHANRAO GORANTYAL

Judgement Date : 14 Jul 2020

Citation : 2020 Latest Caselaw 421 SC

CrPC Section 207. Supply to the accused of copy of police report and other documents
CrPC Section 231. Evidence for prosecution
CrPC Section 91. Summons to produce document or other thing
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Indian Evidence Act, 1872
Limitation Act, 1963
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Shafhi Mohammad Vs. The State of Himachal Pradesh [January 30, 2018]
Shafhi Mohammad Vs. The State of Himachal Pradesh [3rd April, 2018]
Raj Kumar Yadav Vs. Samir Kumar Mahaseth & Ors [2005] INSC 164 (11 March 2005)
Chandra Kishore Jha Vs. Mahavir Prasad & Ors [1999] INSC 360 (21 September 1999)
Chandra Kishore Jha Vs. Mahavir Prasad & Ors [1999] INSC 362 (21 September 1999)

Headnote :

CRUCIALThe requirement for a certificate is a prerequisite for the admissibility of electronic records as evidence; oral testimony cannot substitute for this certificate.If the original document, such as a laptop, tablet, or mobile phone, is presented, the certificate requirement is waived.R.F. Nari...

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RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY vs. STATE OF ANDHRA PRADESH

Judgement Date : 14 Jul 2020

Citation : 2020 Latest Caselaw 422 SC

Headnote :

The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, Section 7 addresses unaided institutions and the determination of fees. For the years 2016-2019, the fee was set at L 86,800 for the first institution and L 59,500 for the second. Subse...

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V. KALYANASWAMY vs. L. BAKTHAVATSALAM

Judgement Date : 17 Jul 2020

Citation : 2020 Latest Caselaw 423 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Hindu Succession Act, 1956
Indian Evidence Act, 1872
Indian Succession Act, 1925
Transfer of Property Act, 1882

Sharad Subramanyan Vs. Soumi Mazumdar & Ors [2006] Insc 256 (28 April 2006)
Sadhu Singh Vs. Gurdwara Sahib Narike & Ors [2006] Insc 574 (8 September 2006)
Janki Narayan Bhoir Vs. Narayan Namdeo Kadam [2002] INSC 551 (17 December 2002)

Headnote :

CRUCIALExecution of a will - Evidence - The status of a legatee under a legally required attested document is not solely dependent on the attesting witness\'s discretion - The law permits the document\'s proof to be established even if the attesting witness denies its execution.A. Civil Procedure Co...

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M/S ULTRATECH CEMENT LTD. vs. STATE OF RAJASTHAN

Judgement Date : 17 Jul 2020

Citation : 2020 Latest Caselaw 424 SC

Central Excise Rules, 2002
Central Sales Tax Act, 1956
Income Tax Act, 1961
Rajasthan Civil Services (Pension) Rules, 1996
Rajasthan Sales Tax Act, 1994
Rajasthan Value Added Tax Act, 2003
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

A. Under Section 33 of the Rajasthan Value Added Tax Act, 2003, and Clause 13 of the Rajasthan Investment Promotion Scheme-2003, regarding Capital Investment Subsidy, the company asserted its entitlement to a 75% subsidy. However, the Board of Infrastructure Development and Investment Institution (B...

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PYARE LAL vs. STATE OF HARYANA

Judgement Date : 17 Jul 2020

Citation : 2020 Latest Caselaw 425 SC

Constitution of India
Criminal Law Amendment Act, 1961
Criminal Procedure Code, 1973
CrPC Section 433A. Restriction on powers of remission or commutation in certain cases
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
Negotiable Instruments Act, 1881
Official Secrets Act, 1923
Passports Act, 1967

Satpal Vs. State of Haryana [May 01, 2018]
Swaran Singh Vs. State of U.P. & Ors [1998] INSC 148 (5 March 1998)

Headnote :

NOTICEPremature Release - The Governor\'s authority under Article 161 - All relevant information, including the severity of the crime and the manner in which it was committed, must be considered.According to Section 433A of the Criminal Procedure Code, 1973, and Section 302 of the Indian Penal Code,...

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SHIV RAJ GUPTA vs. COMMISSIONER OF INCOME-TAX, DELHI IV

Judgement Date : 22 Jul 2020

Citation : 2020 Latest Caselaw 426 SC

Code of Civil Procedure, 1908 (CPC)
Income Tax Act, 1961

Kshitish Chandra Purkait Vs. Santosh Kumar Purkait & Ors [1997] INSC 518 (7 May 1997)

Headnote :

CRUCIALThe appeal process under the Income Tax Act is structured similarly to the provision found in section 100 of the CPC - The High Court is limited to addressing only the substantial questions of law that it has formulated.A. Income Tax Act, 1961, Section 260A - Appeal - Substantial Question of...

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DIRECTOR OF INCOME TAX -II NEW DELHI vs. M/S SAMSUNG HEAVY INDUSTRIES CO. LTD

Judgement Date : 22 Jul 2020

Citation : 2020 Latest Caselaw 427 SC

Headnote :

CRUCIALThe profits of a foreign enterprise are subject to taxation only if the enterprise conducts its primary business through a permanent establishment in India.A. Income Tax Act, 1961, Section 90 - Foreign enterprises - Tax obligations - Double Taxation Avoidance Agreement between India and Korea...

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SUNIL RATHEE vs. STATE OF HARYANA

Judgement Date : 23 Jul 2020

Citation : 2020 Latest Caselaw 428 SC

Constitution of India

Headnote :

IMPORTANTA notification granting 10% vertical reservation for economically backward individuals in the general category is being challenged in the High Court. A similar petition is also pending in the Supreme Court, and the case has been transferred to the Supreme Court.According to Article 139A of...

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R. PALANISAMY vs. REGISTRAR GENERAL HIGH COURT OF MADRAS

Judgement Date : 24 Jul 2020

Citation : 2020 Latest Caselaw 429 SC

Headnote :

IMPORTANTPromotion - Following the implementation of the Shetty Commission and State Pay Commission recommendations, individuals cannot claim a right to promotion to the position of Junior Bailiff without meeting the required qualifications. The Government\'s failure to amend the Statutory Rules doe...

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SHAILENDRA SWARUP vs. DEPUTY DIRECTOR,ENFORCEMENT DIRECTORATE

Judgement Date : 27 Jul 2020

Citation : 2020 Latest Caselaw 430 SC

Negotiable Instruments Act, 1881
NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts
NI Act, Section 141. Offences by companies
NI Act, Section 142. Cognizance of offences

Headnote :

CRUCIALThe Enforcement Directorate\'s imposition of a penalty requires the company\'s response to the show cause notice to be duly considered as mandated by law. The reply cannot be dismissed or disregarded based on the incorrect assumption that it was an afterthought.Company Offense - Liability is...

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ERUDHAYA PRIYA vs. STATE EXPRESS TRANSPORT CORPORATION LTD

Judgement Date : 27 Jul 2020

Citation : 2020 Latest Caselaw 431 SC

Motor Vehicles Act, 1988

Headnote :

CRUCIALMotor vehicle accident - When calculating compensation for permanent disability, future earning potential must be taken into account.According to the Motor Vehicles Act, 1988, Section 166, and the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989, Rule 3(1) - Permanent disability...

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PARMINDER KAUR @ P.P.KAUR @ SONI vs. STATE OF PUNJAB

Judgement Date : 28 Jul 2020

Citation : 2020 Latest Caselaw 432 SC

Indian Penal Code, 1860 (IPC)
IPC Section 506. Punishment for criminal intimidation

Takhaji Hiraji Vs. Thakore Kubersing Chamansing & Ors [2001] INSC 264 (2 May 2001)

Headnote :

CRUCIALAny alternative account or interpretation presented by the accused during the examination under Section 313 of the Cr.P.C., 1973 must be thoroughly examined and taken into account by the trial Court. This opportunity is a significant right of the accused to pursue justice and defend themselve...

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SHREE CHOUDHARY TRANSPORT COMPANY vs. INCOME TAX OFFICER

Judgement Date : 29 Jul 2020

Citation : 2020 Latest Caselaw 433 SC

Finance Act, 2008
Income Tax Act, 1961
Societies Registration Act, 1860
University Grants Commission Act, 1956

Headnote :

CRUCIALIncome Tax - Tax Deduction at Source - It is mandatory to deduct tax from payments made. Failure to comply with this legal requirement will result in consequences as outlined in the Act.A. Income Tax Act, 1961, Sections 40(a)(ia) and 194C - Tax Deductible at Source - Payments to Sub-Contracto...

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UNION OF INDIA vs. LT. COL. S.S.BEDI

Judgement Date : 29 Jul 2020

Citation : 2020 Latest Caselaw 434 SC

Army Act, 1950
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe appellant, who is commissioned in the Indian Army Medical Corps, has been accused by two women of misconduct during their physical examinations. The complaints clearly indicate that the appellant behaved inappropriately with them.According to Section 354 of the Indian Penal Code, 1860,...

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DR. ASWATHY R.S.KARTHIKA vs. DR. ARCHANA M.

Judgement Date : 29 Jul 2020

Citation : 2020 Latest Caselaw 435 SC

Headnote :

According to Rule 15 of the Kerala State and Subordinate Service Rules, 1958, there is a 1% reservation for the Hindu Nadar Community for the position of Medical Officer. The Commission issued a notification inviting applications for the Medical Officer (Homeo) position. The appellants requested the...

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PREM CHAND vs. STATE OF HARYANA

Judgement Date : 30 Jul 2020

Citation : 2020 Latest Caselaw 436 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

CRUCIALFood Adulteration - The Public Analyst did not indicate that the sample was either \"infested with insects\" or \"unsuitable for human consumption\" - The High Court\'s conviction of the accused has been overturned.Prevention of Food Adulteration Act, 1954, Sections 2(1a)(f) and 16(1A) - Food...

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RAVINDER KAUR GREWAL vs. MANJIT KAUR

Judgement Date : 31 Jul 2020

Citation : 2020 Latest Caselaw 437 SC

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

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

Headnote :

CRUCIALFamily Settlement - A memorandum of family settlement does not need to be registered.Family Settlement - The arrangements outlined in the memorandum of family settlement are binding on all family members, and no member can withdraw from the agreed terms.According to Section 17(2) of the Regis...

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