Caselaw | Supreme Court Judgements of may 2020

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COMMISSIONER OF CENTRAL EXCISE, DELHI-III vs. M/S UNI PRODUCTS INDIA LTD.

Judgement Date : 01 May 2020

Citation : 2020 Latest Caselaw 355 SC

Central Excise Act, 1944

Headnote :

NOTICEExcise Duty - Car Matting and Carpets - Chapter 57 encompasses not only carpets but also various other types of floor coverings.A. Central Excise Act, 1944, Section 38A - Central Excise Tariff Act, 1985, Chapter 57, First Schedule - Car matting - Is it classified as a carpet? Chapter 57 includ...

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PANDURANG GANPATI CHAUGULE vs. VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED

Judgement Date : 05 May 2020

Citation : 2020 Latest Caselaw 356 SC

Administration of Estates
Andhra Pradesh Co-Operative Societies Act, 1964
Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999
Banking Laws
Banking Regulation (Amendment) and Miscellaneous Provisions Act, 2004
Banking Regulation Act, 1949
Bombay Sales Tax Act, 1959
ccc
Co-operative Societies Act, 1912
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
Indian Succession Act, 1925
Industrial Disputes Act, 1947
Karnataka Agricultural Produce Marketing (Regulation) Act, 1966
Karnataka Co-Operative Societies Act, 1959
Kerala General Sales Tax Act, 1963
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Industrial Development Act, 1961
Multi-State Cooperative Societies Act, 2002
Negotiable Instruments Act, 1881
Punjab Co-operative Societies Act, 1961
Punjab-Co-operative-Societies-Act-1961
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Reserve Bank of India Act, 1934
Sale of Goods Act, 1930
Societies Registration Act, 1860
State Bank of India Act, 1955
Tobacco Board Act, 1975
Transfer of Property Act, 1882
Tripura Land Revenue and Land Reforms Act, 1960

The Belsund Sugar Co. Ltd. Vs. The State of Bihar & Ors [1999] INSC 256 (10 August 1999)
S.S. Dhanoa Vs. Municipal Corporation, Delhi & Ors [1981] INSC 114 (8 May 1981)
The Calcutta Gas Company (Proprietary) Ltd. Vs. The State of West Bengal & Ors [1962] INSC 41 (5 February 1962)

Headnote :

CRUCIALThe recovery process outlined in Section 13 of the SARFAESI Act applies to Cooperative Banks.The Reserve Bank of India exercises significant and comprehensive control over primary credit societies engaged in banking activities.Co-operative banks, whether established under State legislation or...

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CLP INDIA PVT. LTD. vs. GUJARAT URJA VIKAS NIGAM LTD.

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 357 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity Act, 2003

Headnote :

A. Under Section 43A of the Electricity Act, 2003, regarding the supply of electricity and tariff, the parties entered into a power purchase agreement (PPA) that specifically referenced the notification dated 30.03.1992. The PPA stipulated that for the first Kwh/KW, a plant load factor of 68.5% woul...

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PUNJAB NATIONAL BANK vs. ATMANAND SINGH

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 358 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Babubhai Muljibhai Patel Vs. Nandlal Khodidas Barot & Ors [1974] INSC 177 (17 September 1974)

Headnote :

CRUCIALIn cases where a writ petition presents complex factual questions, the High Court should refrain from considering such petitions.According to Article 226 of the Constitution of India, 1950, regarding writ jurisdiction and the exercise of power, when a petition involves intricate factual issue...

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HUKUM CHAND DESWAL vs. SATISH RAJ DESWAL

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 359 SC

Constitution of India
Contempt of Courts Act, 1971
Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975

Headnote :

The Contempt of Court Act, 1971, Sections 12 and 14, along with the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, Rule 3, address contempt of court issues. In this case, the defendant vacated the suit premises before the date set by the Court. However, the plaintiff\'s conte...

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KAPILABEN AMBALAL PATEL vs. STATE OF GUJARAT

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 360 SC

Urban Land (Ceiling and Regulation) Repeal Act, 1999

Shivgonda Anna Patil & Ors Vs. State of Maharashtra & Ors [1999] of 22 (9 February 1999)
Tamil Nadu Housing Board Vs. A. Viswam [1996] INSC 224 (9 February 1996)

Headnote :

The Urban Land (Ceiling and Regulation) Act of 1976, specifically Sections 22(1)(a) and 21, addresses surplus land and exemptions. In this case, the appellant\'s excess land was acquired by the State, which issued a notice and took possession as documented in a possession panchnama. The appellants c...

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ASSISTANT COMMISSIONER (CT) LTU KAKINADA vs. M/S GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 361 SC

Andhra Pradesh Value Added Tax Act, 2005
Central Sales Tax Act, 1956
Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Electricity Act, 2003
Limitation Act, 1963

Headnote :

CRUCIALThe High Court cannot overlook the statutory time frame for addressing grievances and cannot automatically accept a writ petition.A. Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005 - Assessment - Challenge - Limitation - The petitioner opted to approach the High Court after t...

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RATNAGIRI NAGAR PARISHAD vs. GANGARAM NARAYAN AMBEKAR

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 362 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Environment (Protection) Act, 1986
National Green Tribunal Act, 2010
Specific Relief Act, 1963

Kuldip Singh Vs. Subhash Chander Jain & Ors [2000] INSC 151 (28 March 2000)

Headnote :

A. Under Section 41(f) and (h) of the Specific Relief Act, 1963, and the Municipal Solid Wastes (Management and Handling) Rules, 2000, the issue of land allocation for a waste disposal project arises. The plaintiff initiated a lawsuit to prevent the defendants from commencing the Solid Waste Disposa...

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STATE OF RAJASTHAN vs. MEH RAM

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 363 SC

CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Chandrakant Patil & Ors Vs. State [1998] INSC 45 (2 February 1998)

Headnote :

A. Indian Penal Code, 1860 Section 302 - Murder - Restoration of conviction - The High Court converted the Respondent\'s conviction under Section 302 IPC to one under Section 326 IPC, reducing the substantive sentence to the time already served. The Appellant State sought to restore the conviction u...

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BIHAR STAFF SELECTION COMMISSION vs. ARUN KUMAR

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 364 SC

Constitution of India

Headnote :

CRUCIALIn the context of assessing candidates for recruitment to public services, the scope of judicial review is limited.A. Candidate Evaluation - Judicial Review - When it comes to the assessment of candidates, especially for public service recruitment, the scope of judicial review is restricted....

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TRILOKI NATH SINGH vs. ANIRUDH SINGH

Judgement Date : 06 May 2020

Citation : 2020 Latest Caselaw 365 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Section 52. TPA, Transfer of property pending suit relating thereto.

Headnote :

IMPORTANTThe prohibition under Order 23, Rule 3A regarding the challenge of a decree based on a compromise between the parties also extends to individuals who are not part of the compromise proceedings. This rule aims to prevent multiple litigations.A. According to the Civil Procedure Code, 1908, Or...

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SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. vs. OIL INDIA LIMITED

Judgement Date : 11 May 2020

Citation : 2020 Latest Caselaw 366 SC

Arbitration and Conciliation Act, 1996
Indian Contract Act, 1872

Mcdermott International Inc. Vs. Burn Standard Co. Ltd. & Ors [2006] Insc 316 (12 May 2006)

Headnote :

The Arbitration and Conciliation Act of 1996, Section 34, addresses the annulment of arbitral awards and the interpretation of arbitral agreements. In this case, a contract was formed between the parties as part of a tender issued by the respondent for drilling wells and related operations. After re...

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DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR vs. ASHISH GAUTAM

Judgement Date : 11 May 2020

Citation : 2020 Latest Caselaw 367 SC

Headnote :

The National Green Tribunal Act of 2010, Section 22, states that the Department of Archaeology has designated the monument \"Sisodia Rani ka Bagh\" as a protected site through a notification. This monument has historically hosted ceremonies such as weddings and other events. It features exquisite fo...

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FOUNDATION FOR MEDIA PROFESSIONALS vs. UNION TERRITORY OF JAMMU AND KASHMIR

Judgement Date : 11 May 2020

Citation : 2020 Latest Caselaw 368 SC

Headnote :

NOTICEThe Court has ordered the formation of a Special Committee to assess the possibility of implementing faster internet services, specifically 3G and 4G, in the Union Territory of Jammu and Kashmir.According to the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules...

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JAGMAIL SINGH vs. KARAMJIT SINGH

Judgement Date : 13 May 2020

Citation : 2020 Latest Caselaw 369 SC

Constitution of India

Headnote :

IMPORTANTTo admit secondary evidence, foundational evidence must be provided explaining why the original evidence is unavailable.According to the Evidence Act of 1872, Sections 65 and 66, secondary evidence can only be permitted if primary evidence has been established. Secondary evidence serves as...

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WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION vs. RAVUTHAR DAWOOD NASEEM

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 370 SC

Food Corporations Act, 1964
Industrial Disputes Act, 1947
National Food Security Act, 2013

Headnote :

IMPORTANTContempt - No contempt proceedings can be initiated based solely on a general directive to regularize and departmentalize the relevant workers.According to Article 129 of the Constitution of India, 1950, and Section 10(1)(d) of the Industrial Disputes Act, 1947, failure to comply with the d...

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ARNAB RANJAN GOSWAMI vs. UNION OF INDIA

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 371 SC

CrPC Section 154. Information in cognizable cases
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 160. Police Officer’s power to require attendance of witnesses
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 199. Prosecution for defamation
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 482. Saving of inherent power of High Court
IPC Section 117. Abetting commission of offence by the public or by more than ten persons
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 499. Defamation
IPC Section 506. Punishment for criminal intimidation

Upkar Singh Vs. Ved Prakash & Ors [2004] Insc 531 (10 September 2004)
Upkar Singh Vs. Ved Prakash & Ors [2004] Insc 536 (10 September 2004)

Headnote :

CRUCIALArnab Goswami Case - The right to journalistic freedom of speech and expression is safeguarded by Article 19(1)(a).According to the Constitution of India, 1950, Articles 19(1)(a) and 32, along with the Indian Penal Code, 1860, Sections 153, 153A, 153B, 295A, 298, 500, 504, 506, and 120B, ther...

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KAVITA KANWAR vs. MRS. PAMELA MEHTA

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 372 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Succession Act, 1925
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

B. Venkatamuni Vs. C.J. Ayodhya Ram Singh & Ors [2006] Insc 670 (19 October 2006)

Headnote :

CRUCIALThe absence of a written statement from the defendant does not automatically result in a judgment favoring the plaintiff without the necessity of proving fundamental facts.In probate matters, the proponent must satisfy the Court\'s conscience by eliminating any suspicious circumstances.A. Und...

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BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED

Judgement Date : 19 May 2020

Citation : 2020 Latest Caselaw 373 SC

Air (Prevention and Control of Pollution) Act, 1981
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Forest (Conservation) Act, 1980
Karnataka Industrial Areas Development Act, 1966
Karnataka Stamp Act, 1957
Karnataka Town and Country Planning Act, 1961
Water (Prevention and Control of Pollution) Act, 1974

Association of Registration Plates Vs. Union of India & Ors [2004] Insc 724 (30 November 2004)
Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)

Headnote :

CRUCIALGroup Housing Projects - Framework Agreement - Project proponents are permitted to make deviations from the Project Technical Report (PTR) within specified limits, as necessary to allow all parties to fully benefit from the project\'s development.A. Karnataka Industrial Areas Development Act,...

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CANARA BANK vs. M/S LEATHEROID PLASTICS PVT LTD.

Judgement Date : 20 May 2020

Citation : 2020 Latest Caselaw 374 SC

Headnote :

Indira Benerjee, J.A. Bihar Service Code, 1952, Rule 73 - Bihar Pension Rules 1950, Rule 57 - Retirement - Determination of maximum length of service - The Appellant was appointed at approximately 15 years of age. At the time of the Appellant\'s appointment, there was no minimum age requirement for...

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PATEL ENGINEERING LTD. vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD.

Judgement Date : 22 May 2020

Citation : 2020 Latest Caselaw 375 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)

Associate Builders Vs. Delhi Development Authority [November 25, 2014]
Thungabhadra Industries Ltd. Vs. The Government of Andhra Pradesh [1963] INSC 209 (22 October 1963)

Headnote :

CRUCIALAn arbitral award may be annulled under Section 34 if it is clearly illegal or irrational.According to the Constitution of India, 1950, Article 136, and the Arbitration and Conciliation Act, 1996, Sections 34 and 37, petitions for reviewing judgments are not entertained. An arbitral award can...

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OMBIR SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 26 May 2020

Citation : 2020 Latest Caselaw 376 SC

Arms Act, 1959
CrPC Section 157. Procedure for investigations
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Sheo Shankar Singh Vs. State of U.P. [July 02, 2013]
Sandeep Vs. State of U.P. [May 11, 2012]
Sarwan Singh Vs. State of Punjab [2002] INSC 431 (7 October 2002)
Anil Rai Vs. State of Bihar [2001] INSC 367 (6 August 2001)
Sarwan Singh Vs. The State of Punjab [1957] INSC 34 (10 April 1957)

Headnote :

CRUCIALDelay in submitting FIR to magistrate - No basis for acquitting the accused.A. Criminal Procedure Code, 1973, Section 157 - Indian Penal Code, 1860, Sections 302 in conjunction with Section 34 - Murder - Delay in submitting FIR - The FIR was received by the Chief Judicial Magistrate\'s office...

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ALAPATI JYOTSNA vs. UNION OF INDIA

Judgement Date : 26 May 2020

Citation : 2020 Latest Caselaw 377 SC

Constitution of India

Headnote :

Article 32 of the Constitution of India, 1950 - Writ petition - Request for the respondents to implement \"single counselling\" for the allocation of seats in Post Graduate Medical Courses leading to Degrees and Diplomas, as well as seats in Diplomate of National Board Courses. Given that the petiti...

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GURUNANAK INDUSTRIES, FARIDABAD vs. AMAR SINGH (D)

Judgement Date : 26 May 2020

Citation : 2020 Latest Caselaw 378 SC

Pamuru Vishnu Vinodh Reddy Vs. Chillakuru Chandrasekhara Reddy & Ors [2003] INSC 88 (17 February 2003)

Headnote :

IMPORTANTDistinction between `retirement of a partner\' and `dissolution of a partnership firm\' - When there are only two partners and one decides to retire, this effectively results in the dissolution of the firm.A. According to the Partnership Act of 1932, Sections 37 and 48 - There is a clear di...

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CHAIRMAN CUM MANAGING DIRECTOR MAHANADI COALFIELDS LIMITED vs. SRI RABINDRANATH CHOUBEY

Judgement Date : 27 May 2020

Citation : 2020 Latest Caselaw 379 SC

Constitution of India
Payment of Gratuity Act, 1972

State of U.P. & Ors Vs. Harihar Bhole Nath [2006] Insc 734 (1 November 2006)
State of Punjab & Ors Vs. Rajesh Kumar [2006] Insc 828 (20 November 2006)
Union of India Vs. Ajoy Kumar Patnaik [1995] INSC 472 (8 September 1995)
State of Maharashtra Vs. M.H. Mazumdar [1988] INSC 54 (24 February 1988)
State of Punjab Vs. Khemi Ram [1969] INSC 266 (6 October 1969)
Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)
Shyam Lal Vs. The State of Uttar Pradesh [1954] INSC 33 (30 March 1954)
Satish Chandra Anand Vs. The Union of India [1953] INSC 21 (13 March 1953)

Headnote :

CRUCIALDisciplinary actions initiated prior to the payment of gratuity can be suspended until the proceedings are finalized.Disciplinary actions may continue even after the retirement of the employee in question - The inquiry must reach a definitive conclusion.Ajay Rastogi, JA. Payment of Gratuity A...

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GOPAL PRASAD vs. BIHAR SCHOOL EXAMINATION BOARD

Judgement Date : 28 May 2020

Citation : 2020 Latest Caselaw 380 SC

Child Labour (Prohibition and Regulation) Act, 1986
Constitution of India
Indian Contract Act, 1872
Majority Act, 1875
Minimum Wages Act, 1948
Minimum Wages Act, 1948
Nagaland Retirement From Public Employment Act, 1991

Headnote :

Indira Benerjee, J.A. Bihar Service Code, 1952, Rule 73 - Bihar Pension Rules 1950, Rule 57 - Retirement - Determination of maximum length of service - The Appellant was appointed at approximately 15 years of age. At the time of the Appellant\'s appointment, there was no minimum age requirement for...

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SONU @ SUNIL vs. STATE OF MADHYA PRADESH

Judgement Date : 29 May 2020

Citation : 2020 Latest Caselaw 381 SC

Gwalior
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt
IPC Section 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Headnote :

CRUCIALThe essence of Section 34 of the IPC and the foundational principle of criminal liability for the actions of another is the shared or common intention to commit an offense.A. Under the Indian Penal Code, 1860, Sections 394, 460, and 302 in conjunction with Section 34 of the Evidence Act, 1872...

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