Caselaw | Supreme Court Judgements of october 2020

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GURCHARAN SINGH vs. STATE OF PUNJAB

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 533 SC

Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 306. Abetment of suicide
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Mangat Ram Vs. State of Haryana [March 27, 2014]
Mangat Ram Vs. State of Haryana [2008] INSC 93 (25 January 2008)

Headnote :

CRUCIALMens Rea - It is essential to have documented evidence indicating that the accused possessed a guilty mind; the element of mens rea cannot be presumed to be evidently present.A. Under the Indian Penal Code, 1860, Sections 107, 306, 304B, and 498A regarding Suicide - Instigation - The accused...

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PRAVASI LEGAL CELL vs. UNION OF INDIA

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 534 SC

Aircraft Act, 1934
Aircraft Rules, 1937
Constitution of India
Societies Registration Act, 1860

Headnote :

NOTICEFor air tickets purchased during the lockdown period, please adhere to DGCA recommendations regarding refunds, which will be directed to travel agents for tickets booked through them.According to Article 32 of the Constitution of India, 1950, and Rule 133A of the Aircraft Rules, 1937, refunds...

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GUJARAT MAZDOOR SABHA vs. STATE OF GUJARAT

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 535 SC

Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005
Factories Act, 1948
Government of India Act, 1935
Minimum Wages Act, 1948
Minimum Wages Act, 1948
Trade Unions Act, 1926

Headnote :

CRUCIALPublic Emergency - Emergency powers may only be invoked if the level of economic hardship is so severe that it disrupts public order and poses a threat to the security of India or any part of its territory.A. Factories Act, 1948, Section 5 - Authority to issue exemption notifications - Emerge...

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M/S ARUN KUMAR KAMAL KUMAR vs. M/S SELECTED MARBLE HOME

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 536 SC

Section 108. TPA, Rights and liabilities of lessor and lessee.

Headnote :

The Arbitration and Conciliation Act of 1940, Section 20 - The appellants, who operate restaurants and manufacture and sell sweets and other food products, entered into two licensing agreements with the respondents. According to these agreements, the appellants were to manage and run a restaurant an...

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PARVEZ NOORDIN LOKHANDWALLA vs. STATE OF MAHARASHTRA

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 537 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine

Ram Singh Vs. State of Uttar Pradesh [1961] INSC 358 (19 December 1961)

Headnote :

CRUCIALAn Indian citizen with an Indian passport who has an FIR filed against him should not be automatically barred from traveling to the US, where he has been a resident since 1985. This is especially pertinent given that not allowing him to travel could lead to severe repercussions, such as the i...

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M/S MAGMA FINCORP LTD. vs. RAJESH KUMAR TIWARI

Judgement Date : 01 Oct 2020

Citation : 2020 Latest Caselaw 538 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Lalmuni Devi Vs. State of Bihar & Ors [2000] INSC 672 (15 December 2000)
Lalmuni Devi Vs. State of Bihar & Ors [2000] INSC 676 (15 December 2000)
Jagdish Chandra Nijhawan Vs. S.K. Saraf [1998] INSC 567 (27 November 1998)
Jagdish Chandra Nijhawan Vs. S.K. Saraf [1998] INSC 571 (27 November 1998)

Headnote :

IMPORTANTHire Purchase - When the agreement between the Financier and the hirer allows the Financier to reclaim the vehicle financed, there are no legal barriers preventing the Financier from taking possession of the vehicle. Therefore, if the Financier takes possession of the vehicle, it cannot be...

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T.K. DAVID vs. KURUPPAMPADY SERVICE CO OPERATIVE BANK LTD.

Judgement Date : 05 Oct 2020

Citation : 2020 Latest Caselaw 539 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Constitution of India, 1950, Article 136, along with the Civil Procedure Code, 1908, Order 47, Rule 7, pertains to the rejection of a review petition. In this case, a Special Leave Petition (SLP) was filed against the main order of a writ petition, which was dismissed by the Supreme Court. Subse...

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COMMISSIONER OF POLICE vs. UMESH KUMAR

Judgement Date : 07 Oct 2020

Citation : 2020 Latest Caselaw 540 SC

Shankarsan Dash Vs. Union of India [1991] INSC 121 (30 April 1991)

Headnote :

CRUCIALAppointment - The mere presence of a candidate\'s name on the selection list does not grant that candidate any inherent right to receive an appointment order.According to the Delhi Police (Appointment and Recruitment) Rules, 1980, specifically Rules 24 and 25 - Regarding appointment directive...

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AMIT SAHNI vs. COMMISSIONER OF POLICE

Judgement Date : 07 Oct 2020

Citation : 2020 Latest Caselaw 541 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Citizenship (Amendment) Act, 2019
Constitution of India

Headnote :

NOTICEProtests - Demonstrations aimed at expressing dissent must occur only in designated areas. Blocking public pathways, whether at the specific site of the protest or elsewhere, is not permitted.According to Article 19(1)(b) of the Constitution of India, 1950 - The Saheenbagh demonstration involv...

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SATYA DEO @ BHOOREY vs. STATE OF UTTAR PRADESH

Judgement Date : 07 Oct 2020

Citation : 2020 Latest Caselaw 542 SC

Indian Penal Code, 1860 (IPC)
Juvenile Justice (Care and Protection of Children) Rules, 2007

Hari Ram & Ors Vs. State of Rajasthan [2000] INSC 308 (9 May 2000)

Headnote :

IMPORTANTThe appellant was not considered a juvenile under the 1986 Act at the time the offense was committed. However, they cannot be denied the benefits of being treated as a juvenile following the enactment of the 2000 Act, even if the offense occurred before the 2000 Act came into effect.A. Acco...

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ANKITA KAILASH KHANDELWAL vs. STATE OF MAHARASHTRA

Judgement Date : 08 Oct 2020

Citation : 2020 Latest Caselaw 543 SC

Constitution of India
CrPC Section 164. Recording of confessions and statements
CrPC Section 174. Police to enquire and report on suicide, etc
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention
Maharashtra Medical Council Act, 1965
Maharashtra Prohibition of Ragging Act, 1999
Medical Council of India (Prevention and Prohibition of Ragging in Medical Colleges/Institutions) Regulations, 2009

Headnote :

NOTICERagging - The accused allegedly encouraged the deceased to take her own life - The accused are female doctors - They are permitted to continue their studies as long as it does not interfere with the prosecution.Criminal Procedure Code, 1973, Section 174 - Indian Penal Code, 1860, Sections 306...

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MISS 'A' vs. STATE OF UTTAR PRADESH

Judgement Date : 08 Oct 2020

Citation : 2020 Latest Caselaw 544 SC

Criminal Procedure Code, 1973
CrPC Section 161. Examination of witnesses by police
CrPC Section 164. Recording of confessions and statements
CrPC Section 173. Report of police officer on completion of investigation
IPC Section 364. Kidnapping or abducting in order to murder
IPC Section 376. Punishment for rape
IPC Section 506. Punishment for criminal intimidation

Headnote :

IMPORTANTProvision of documents to the accused - Under no circumstances should copies of statements recorded under Section 164 of the Code be provided until the Court issues appropriate orders after taking cognizance of the matter.Criminal Procedure Code, 1973, Sections 164, 207, and 208 - Provision...

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ASHISH SETH vs. SUMIT MITTAL

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 545 SC

Haryana Development and Regulation of Urban Areas Act, 1975

Headnote :

The Contempt of Courts Act, 1971, Section 2(c) addresses noncompliance with court orders. In this case, both the petitioner and the contemnor entered into a Memorandum of Settlement (MOS), which was incorporated into the court\'s order that resolved the Writ Petition (Criminal). The contemnor failed...

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BRANCH MANAGER vs. BRANCH MANAGER

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 546 SC

Headnote :

CRUCIALMedical Policy - The applicant did not disclose a history of vomiting blood that occurred just a month before the insurance policy was issued and subsequent hospitalization. The insured was suffering from a pre-existing condition.A. National Insurance Act, 1938, Section 45 - Consumer Protecti...

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NILAY GUPTA vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 547 SC

Mahatma Gandhi University of Medical Sciences and Technology, Jaipur Act, 2011
Rajasthan University of Health Sciences Act, 2005
Rights of Persons with Disabilities Act, 2016

Tma Pai Foundation Vs. State of Karnataka [1993] INSC 478 (4 November 1993)
Tma Pai Foundation Vs. State of Karnataka [1993] INSC 531 (17 December 1993)

Headnote :

IMPORTANTPrivate medical colleges are not obligated to set aside a specific quota for NRI candidates; therefore, no student has the right to claim admission under the NRI quota.According to the Medical Council of India Act, 1956, Section 10D, and the Rajasthan University of Health Sciences Act, 2005...

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KARULAL vs. STATE OF MADHYA PRADESH HOME DEPARTMENT STATION OFFICER

Judgement Date : 09 Oct 2020

Citation : 2020 Latest Caselaw 548 SC

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 506. Punishment for criminal intimidation

Khurshid Ahmed Vs. State of Jammu and Kashmir [MAY 15, 2018]
State of Uttar Pradesh Vs. Samman Dass [1972] INSC 10 (11 January 1972)

Headnote :

IMPORTANTThe testimony of a related witness, if deemed credible, can serve as a foundation for conviction - Being related to the deceased does not automatically imply that they will wrongfully accuse innocent individuals.IMPORTANTWitness - If witnesses are generally reliable, previous animosity alon...

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BIKRAMJIT SINGH vs. STATE OF PUNJAB

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 549 SC

Arms Act, 1959
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 209. Commitment of case to Court of Session when offence is triable exclusively by it
Explosive Substances Act, 1908
IPC Section 34. Acts done by several persons in furtherance of common intention
National Investigation Agency Act, 2008
Unlawful Activities (Prevention) Act, 1967

Rakesh Kumar Paul Vs. State of Assam [August 16, 2017]
Uday Mohanlal Acharya Vs. State of Maharashtra [2001] INSC 183 (29 March 2001)
Hitendra Vishnu Thakur Vs. State of Maharashtra [1994] INSC 358 (12 July 1994)
A.K. Gopalan Vs. The Government of India [1965] INSC 228 (27 October 1965)

Headnote :

IMPORTANTSpecial Act - Authority to extend investigation time - Under the Unlawful Activities (Prevention) Act, a Magistrate lacks the authority to extend the time as per the first proviso in Section 43D(2)(b) of the Act.IMPORTANTDefault bail - A subsequent application for default bail does not nega...

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FERRODOUS ESTATES (PVT) LTD. vs. P.GOPIRATHNAM (DEAD) AND ORS.

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 550 SC

Section 23. What consideration and objects are lawful, and what not
Specific Relief Act, 1963
Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978

HPA International Vs. Bhagwandas Fateh Chand Daswani & Ors [2004] Insc 402 (13 July 2004)

Headnote :

CRUCIALA mere delay, on its own, cannot be the only reason to deny specific performance.A. Under Section 20 of the Specific Relief Act, 1963 - In a suit for specific performance, the agreement to sell includes a specific clause requiring the vendor to secure permission from the appropriate authority...

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ANAND YADAV vs. STATE OF UTTAR PRADESH

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 551 SC

University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018
University Grants Commission Act, 1956

Headnote :

CRUCIALAppointment - Expert Opinions - Educational matters should be entrusted to education professionals, while still adhering to applicable laws and regulations.A. University Grants Commission Act, 1956, Section 22 - Appointment as Assistant Professor - Master\'s degrees are considered equivalent...

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AMAR SINGH vs. STATE (NCT OF DELHI)

Judgement Date : 12 Oct 2020

Citation : 2020 Latest Caselaw 552 SC

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, concerning murder, the reliability of eyewitness testimony is in question. The deceased was allegedly killed by the accused appellants, and the prosecution presented three eyewitnesses, two of whom were the deceased\'s brothers. However, both the...

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SRI MUNIRAJU GOWDA P. M. vs. SRI MUNIRATHNA

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 553 SC

Headnote :

CRUCIALElection Petition - If neither the original nor the amended election petition includes any allegations of material facts that would allow the Court to determine, under Section 101, that the petitioner is duly elected, the High Court has no choice but to dismiss such a request.A. Representatio...

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CHOWGULE AND COMPANY PRIVATE LIMITED vs. GOA FOUNDATION

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 554 SC

Headnote :

A. Under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 12(1)(gg) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, the maintainability of the intervening application is in question. The applicants in the M.A. did not...

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ANIL BHARDWAJ vs. HONBLE HIGH COURT OF MADHYA PRADESH

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 555 SC

IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 406. Punishment for criminal breach of trust

Mohammed Imran Vs. State of Maharashtra and Others [October 12, 2018]

Headnote :

NOTICEAppointment as District Judge - The appellant has been deemed ineligible due to an ongoing criminal case against him under Sections 498A and 406 of the IPC, based on a complaint from his wife. Being included in the select list does not guarantee an unassailable right to the candidate.According...

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SUGANDHI (DEAD) vs. P. RAJKUMAR

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 556 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A. Under the Civil Procedure Code of 1908, Order 8, Rule 1A (3), regarding the production of documents, the defendant requested permission from the court to submit a document that should have been included with the written statement. The court has the discretion to grant such permission, but it must...

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HANUMAPPA (SINCE DECEASED) BY HIS LRS vs. STATE OF KARNATAKA

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 557 SC

Karnataka Land Reforms Act, 1961

Headnote :

The Karnataka Land Reform Act of 1961, Section 61, and Article 136 of the Constitution of India, 1950, address the issue of status quo and its vacation. The petitioner asserted that he was a tenant cultivating the property on the designated date, which was subsequently sold to the respondent by the...

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RAGHUNATH vs. RADHA MOHAN (D) THR. LRS.

Judgement Date : 13 Oct 2020

Citation : 2020 Latest Caselaw 558 SC

Constitution of India
Limitation Act, 1963

Indira Bai Vs. Nand Kishore [1990] INSC 270 (5 September 1990)

Headnote :

CRUCIALPre-emption right - The right of pre-emption is a limited right that can be overridden by any legitimate means, including the assertion of a superior or equal right.CRUCIALThe right of pre-emption is not a recurring right - Once an individual has relinquished their right, the loss of that rig...

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HOSPITALITY ASSOCIATION OF MUDUMALAI vs. DEFENCE OF ENVIRONMENT AND ANIMALS

Judgement Date : 14 Oct 2020

Citation : 2020 Latest Caselaw 559 SC

Constitution of India
Indian Forest Act, 1927
Indian Forest Act, 1927
Ministry of Environment, Forest and Climate Change
Tamil Nadu Preservation of Private Forests Act, 1949
Tamil Nadu Societies Registration Act, 1975

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)
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 :

CRUCIALElephant Corridor - Legal action is necessary as wildlife corridors face threats from various social, economic, and human-induced factors - The State Government\'s acceptance of the High Court\'s recommendations to appoint an Expert Committee is without fault.A. Under Section 3 of the Tamil N...

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GANESAN vs. STATE REP. BY ITS INSPECTOR OF POLICE

Judgement Date : 14 Oct 2020

Citation : 2020 Latest Caselaw 560 SC

Vinod Kumar Vs. Gangadhar [October 13, 2014]
Wahid Khan Vs. State of M.P. [2009] INSC 1766 (1 December 2009)

Headnote :

CRUCIALUnder the POCSO Act, a conviction can be secured based solely on the victim\'s testimony if it is deemed credible and trustworthy.According to the Protection of Children from Sexual Offences Act, 2012, Section 7 in conjunction with Section 8 regarding sexual assault - the appellant-accused ha...

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SATISH CHANDER AHUJA vs. SNEHA AHUJA

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 561 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 126. Procedure
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 82. Proclamation for person absconding
Hindu Adoptions and Maintenance Act, 1956
Hindu Marriage Act, 1955
Indian Evidence Act, 1872
Industrial Disputes Act, 1947
IPC Section 114. Abettor present when offence is committed
IPC Section 193. Punishment for false evidence
IPC Section 34. Acts done by several persons in furtherance of common intention
Protection of Women From Domestic Violence Act, 2005
Protection of Women from Domestic Violence Rules, 2006
Provincial Small Cause Courts Act, 1887
Provincial Small Cause Courts Act, 1887
Section 12. DV Act, Application of Magistrate
Section 19. DV Act, Residence orders
Section 23. DV Act, Power to grant interim and ex parte orders
Section 26. DV Act, Relief in other suits and legal proceedings
Section 28. DV Act, Procedure
Section 36. DV Act, Act not in derogation of any other law

S.M. Asif Vs. Virender Kumar Bajaj [August 12, 2015]
Seth Ramdayal Jat Vs. Laxmi Prasad [2009] INSC 757 (15 April 2009)
P. Kasilingam Vs. P.S.G. College of Technology [1981] INSC 6 (8 January 1981)

Headnote :

CRUCIALDomestic Violence Act - Shared Household - Definition - A shared household does not refer to the household of a joint family of which the husband is a member or in which the husband of the aggrieved person has a share.CRUCIALThe residence of a woman in a household must indicate a degree of pe...

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STATE OF MADHYA PRADESH vs. BHERULAL

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 562 SC

Headnote :

IMPORTANTLimitation - The Supreme Court of India is not a venue for Governments to approach at their convenience while disregarding the established limitation period.According to Article 136 of the Constitution of India, 1950 - Special Leave Petition - A delay of 663 days in filing the SLP was noted...

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SARAVANAN vs. STATE REP. BY THE INSPECTOR OF POLICE

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 563 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 437. When bail may be taken in case of non-bailable offence
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

NOTICEDefault Bail - Conditions Imposed - It is not permissible to impose any conditions regarding the deposit of an alleged amount when granting default bail.According to Section 167 of the Criminal Procedure Code, 1973, the criteria for default bail is that the accused must have been in custody fo...

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STATE OF U.P. vs. GAYATRI PRASAD PRAJAPATI

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 564 SC

Headnote :

The Criminal Procedure Code of 1973, Section 437, along with Sections 376D, 504, 506, and 511 of the Indian Penal Code of 1860, and Sections 3 and 4 of the Protection of Children from Sexual Offences Act of 2012, pertains to interim bail. The High Court had granted interim bail to the applicant-resp...

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RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LTD. vs. PIYUSH KANT SHARMA

Judgement Date : 15 Oct 2020

Citation : 2020 Latest Caselaw 565 SC

Headnote :

The Constitution of India, 1950, Article 16 - Regularization in service - The respondent was engaged as a Computer Operator on a contractual basis and requested to be granted a regular pay scale and to have his services regularized, claiming he had been working for the past three years. However, the...

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STATE OF UTTAR PRADESH vs. SUDHIR KUMAR SINGH

Judgement Date : 16 Oct 2020

Citation : 2020 Latest Caselaw 566 SC

Constitution of India

Union of India and ANR. Vs. Raghuwar Pal Singh [March 13, 2018]
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)
P.D. Agrawal Vs. State Bank of India & Ors [2006] Insc 252 (28 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)
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)
Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)
Nawabkhan Abbaskhan Vs. The State of Gujarat [1974] INSC 36 (19 February 1974)

Headnote :

CRUCIALThe opportunity for a hearing - Natural justice serves as a flexible instrument for the judiciary to address injustices in appropriate cases.CRUCIALA violation of natural justice alone does not render orders invalid - There must be a demonstration of prejudice to the litigant.A. Constitution...

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NAVIN CHANDRA DHOUNDIYAL vs. STATE OF UTTARAKHAND

Judgement Date : 16 Oct 2020

Citation : 2020 Latest Caselaw 567 SC

Headnote :

Kumaun University Statute, Statute 16.24(2) - Superannuation of teachers - Reappointment - The High Court, in its contested ruling, dismissed the appellants\' petition, stating that Statute No. 16.24 (2) explicitly prohibits the extension of service beyond the age of superannuation. The interpretati...

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UMESH KUMAR SHARMA vs. STATE OF UTTARAKHAND

Judgement Date : 16 Oct 2020

Citation : 2020 Latest Caselaw 568 SC

CrPC Section 406. Power of Supreme Court to transfer cases and appeals

R. Balakrishna Pillai Vs. State of Kerala [2000] INSC 457 (30 August 2000)

Headnote :

CRUCIALTransfer of criminal cases - A request for transfer may only be considered when fair justice is at risk, and the court must be fully convinced that an impartial trial cannot occur.A. Criminal Procedure Code, 1973, Section 406 - Transfer of criminal cases - The petitioner requested the transfe...

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M RAVINDRAN vs. INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE

Judgement Date : 26 Oct 2020

Citation : 2020 Latest Caselaw 569 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Maharashtra Control of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999
Narcotic Drugs and Psychotropic Substances Act, 1985
Prevention of Terrorism Act, 2002
Unlawful Activities (Prevention) Act, 1967

Headnote :

CRUCIALDefault bail - As long as the accused provides bail within the timeframe set by the Court, the mere fact that the prosecution submits a charge sheet before the bail is furnished does not negate the accused\'s right to be released on bail.A. Under Section 167(2) of the Criminal Procedure Code,...

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STATE OF TAMIL NADU vs. UNION OF INDIA

Judgement Date : 26 Oct 2020

Citation : 2020 Latest Caselaw 570 SC

Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services Under the State) Act, 1993

Headnote :

The Constitution of India, 1950, Article 136 - Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Act, 1993 - Reservation - Implementation - The High Court accepted the Sta...

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RAVEEN KUMAR vs. STATE OF HIMACHAL PRADESH

Judgement Date : 26 Oct 2020

Citation : 2020 Latest Caselaw 571 SC

CrPC Section 161. Examination of witnesses by police

Babu Vs. State of Kerala [2010] INSC 617 (11 August 2010)

Headnote :

CRUCIALDrug Recovery - Independent Witnesses - The absence of independent witnesses does not undermine the prosecution\'s case. The testimonies of police officers, if deemed credible, can serve as a foundation for a successful conviction.A. Narcotics, Drugs and Psychotropic Substances Act, 1985, Sec...

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SURESH CHANDRA vs. JOGA SINGH BISHT

Judgement Date : 26 Oct 2020

Citation : 2020 Latest Caselaw 572 SC

Headnote :

The Excise Act of 1910, Section 36 - Interim stay - Lifting of stay - The original license holder indicated that they could no longer operate the liquor store. The appellant took part in the re-settlement process, emerged as the successful bidder, and had their bid accepted, which was significantly...

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RAJESH DHIMAN vs. STATE OF HIMACHAL PRADESH

Judgement Date : 26 Oct 2020

Citation : 2020 Latest Caselaw 573 SC

Indian Evidence Act, 1872
Narcotic Drugs and Psychotropic Substances Act, 1985

Mohan Lal Vs. The State of Punjab [August 16, 2018]
State of Himachal Pradesh Vs. Pawan Kumar [2005] INSC 234 (8 April 2005)
State of Himachal Pradesh Vs. Pawan Kumar [2004] Insc 578 (27 September 2004)

Headnote :

CRUCIALDrug Recovery - Investigation - Simple shortcomings in the investigation or weaknesses in the prosecution\'s case cannot solely justify a conclusion of bias.A. Narcotics, Drugs and Psychotropic Substances Act, 1985, Section 20 - Legitimacy of Investigation by the Complainant - The investigati...

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SATYAMA DUBEY vs. UNION OF INDIA

Judgement Date : 27 Oct 2020

Citation : 2020 Latest Caselaw 574 SC

Constitution of India
IPC Section 339. Wrongful restraint

Headnote :

IMPORTANTHathras Rape Case - Investigation - A Public Interest Litigation (PIL) has been registered in the Allahabad High Court, Lucknow Bench, and the court will oversee the investigation.IMPORTANTCase Transfer - The necessity for a transfer will be evaluated after the investigation concludes; this...

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M/S L&T HOUSING FINANCE LIMITED vs. M/S TRISHUL DEVELOPERS

Judgement Date : 27 Oct 2020

Citation : 2020 Latest Caselaw 575 SC

National Housing Bank Act, 1987

Headnote :

CRUCIALUnder the SARFARSI Act, proceedings cannot be invalidated solely due to procedural errors unless the individual can demonstrate that they have suffered significant prejudice as a result.A. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002...

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RITIKA SHARAN vs. SUJOY GHOSH

Judgement Date : 28 Oct 2020

Citation : 2020 Latest Caselaw 576 SC

Protection of Women From Domestic Violence Act, 2005

Headnote :

Hindu Marriage Act, 1955, Section 26 - Custody of Minor Child - The mother, who is the appellant, requested an order for the father, the respondent, to return their child\'s passport. The mother is currently residing in India but had moved to Singapore due to her employer\'s restructuring initiative...

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DHARMENDRA KUMAR SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 28 Oct 2020

Citation : 2020 Latest Caselaw 577 SC

Constitution of India
Environment (Protection) Act, 1986
Indian Forest Act, 1927
Indian Forest Act, 1927
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Ministry of Environment, Forest and Climate Change
National Green Tribunal Act, 2010

Banwasi Seva Ashram Vs. State of U.P [1991] INSC 171 (6 August 1991)

Headnote :

A. According to Section 3(1) and (2) of the Environment Protection Act, 1986, and Rule 68 of the Uttar Pradesh Mining Minerals (Concession) Rules, 1963, the state lacks the authority to extend a mining lease beyond its contracted duration without following the procedures outlined in Chapter II (Gran...

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SMRITI MADAN KANSAGRA vs. PERRY KANSAGRA

Judgement Date : 28 Oct 2020

Citation : 2020 Latest Caselaw 578 SC

Assam Foodgrains (Licensing and Control) order, 1961
Citizenship Act, 1955
Code of Civil Procedure, 1908 (CPC)
Criminal Procedure Code, 1973
Family Courts Act, 1984
Guardians and Wards Act, 1890
Hindu Minority and Guardianship Act, 1956
Indian Evidence Act, 1872

Vivek Singh Vs. Romani Singh [FEBRUARY 13, 2017]
Rosy Jacob Vs. Jacob A. Chakramakkal [1973] INSC 74 (5 April 1973)

Headnote :

CRUCIALCustody of a minor child - The argument presented by the respondent father, suggesting that the child is approaching his teenage years and would therefore feel more at ease with him, is founded on assumptions. The needs of a developing child are more comprehensively understood by the mother,...

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THOMAS LAWRENCE vs. STATE OF KERALA

Judgement Date : 29 Oct 2020

Citation : 2020 Latest Caselaw 579 SC

Kerala Conservation of Paddy Land and Wetland Act, 2008
National Green Tribunal Act, 2010
Wetlands (Conservation and Management) Rules, 2010

Headnote :

The National Green Tribunal Act of 2010, Section 22, and the Kerala Conservation of Paddy Land and Wetland Act of 2008, Section 10, state that the Green Tribunal has issued an order concerning violations related to wetlands. Following this, the Collector has issued an order in compliance with the NG...

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BALAJI BALIRAM MUPADE vs. STATE OF MAHARASHTRA

Judgement Date : 29 Oct 2020

Citation : 2020 Latest Caselaw 580 SC

Constitution of India

Mangat Ram Vs. State of Haryana [March 27, 2014]
Mangat Ram Vs. State of Haryana [2008] INSC 93 (25 January 2008)
Anil Rai Vs. State of Bihar [2001] INSC 367 (6 August 2001)

Headnote :

NOTICEThe Supreme Court has reminded High Courts to adhere to the maximum time limit for delivering reserved judgments, as established in Anil Rai v. State of Bihar.According to Article 136 of the Constitution of India, 1950, there is a stipulated maximum period for the pronouncement of judgments. I...

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INSOLVENCY AND BANKRUPTCY BOARD OF INDIA vs. LALIT KUMAR JAIN

Judgement Date : 29 Oct 2020

Citation : 2020 Latest Caselaw 581 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Article 139A in conjunction with Article 142, and the Insolvency and Bankruptcy Code, 2016 Section 1(3) - Regarding the transfer of petitions - The petitioner requested the transfer of petitions from the High Courts to the Supreme Court. By a Notification dated Novem...

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TOFAN SINGH vs. STATE OF TAMIL NADU

Judgement Date : 29 Oct 2020

Citation : 2020 Latest Caselaw 582 SC

Bengal Police Act, 1869
Bihar and Orissa Excise Act, 1915
Bombay State Reserve Police Force Act, 1951
Central Excise Act, 1944
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 100. Persons in charge of closed place to allow search
CrPC Section 151. Arrest to prevent the commission of cognizable offences
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 161. Examination of witnesses by police
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 163. No inducement to be offered
CrPC Section 164. Recording of confessions and statements
CrPC Section 165. Search by police officer
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 169. Release of accused when evidence deficient
CrPC Section 172. Diary of proceeding in investigation
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 193. Cognizance of offences by Courts of Session
CrPC Section 36. Powers of superior officers of police
CrPC Section 37. Public when to assist Magistrates and police
CrPC Section 4. Trial of offences under the Indian Penal Code and other laws
CrPC Section 407. Power of High Court to transfer cases and appeals
CrPC Section 41. When police may arrest without warrant
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 46. Arrest how made
CrPC Section 5. Saving
CrPC Section 54. Examination of arrested person by medical officer
Customs Act, 1962
Drugs and Cosmetics Act, 1940
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 120A. Definition of criminal conspiracy.
IPC Section 193. Punishment for false evidence
IPC Section 198. Using as true a certificate known to be false
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding
IPC Section 26. Reason to believe
IPC Section 304B. Dowry death
IPC Section 376E.Punishment for repeat offenders
IPC Section 403. Dishonest misappropriation of property
IPCSection 399. Making preparation to commit dacoity
Maharashtra Control of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Maharashtra Control Of Organised Crime Act, 1999
Nagaland Armed Police Act, 1966
Narcotic Drugs and Psychotropic Substances Act, 1985
Opium Act, 1878
Police Act, 1861
Police Act, 1861
Police Act, 1888
Police Act, 1949
Police Act, 1949
Prevention of Corruption Act, 1988
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
Prevention of Terrorism Act, 2002
Probation of Offenders Act, 1958
Railway Property (Unlawful Possession) Act, 1966
Railway Protection Force Act, 1957
Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)

Rajinder Singh Vs. State of Punjab [February 26, 2015]
Tofan Singh Vs. State of Tamil Nadu [October 8, 2013]
Kanhaiyalal Vs. Union of India [2008] INSC 29 (9 January 2008)
Standard Chartered Bank & Ors Vs. Directorate of Enforcement & Ors [2006] Insc 107 (24 February 2006)
State of Rajasthan Vs. Raja Ram [2003] INSC 374 (13 August 2003)
Balram Kumawat Vs. Union of India & Ors [2003] INSC 418 (27 August 2003)
George Vs. State of Kerala [2002] INSC 176 (3 April 2002)
John Thomas Vs. Dr. K. Jagadeesan [2001] INSC 319 (12 July 2001)
Piara Singh Vs. State of Punjab & Ors [2000] INSC 356 (10 July 2000)
Gura Singh Vs. The State of Rajasthan [2000] INSC 624 (6 December 2000)
Pon Adithan Vs. Deputy Director, Narcotics Control Bureau, Madras [1999] INSC 220 (16 July 1999)
The State of Punjab Vs. Baldev Singh [1999] INSC 224 (21 July 1999)
Kartar Singh & Ors Vs. State of Punjab [1996] INSC 13 (4 January 1996)
Directorate of Enforcement Vs. Deepak Mahajan [1994] INSC 71 (31 January 1994)
Kartar Singh Vs. State of Punjab [1994] INSC 172 (11 March 1994)
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)
Baldev Raj Vs. State of Haryana [1990] INSC 286 (17 September 1990)
Piara Singh Vs. State of Punjab [1987] INSC 282 (13 October 1987)
Balkishan A. Devidayal Vs. State Of Maharashtra [1980] INSC 142 (31 July 1980)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
State of U.P. Vs. Durga Prasad [1974] INSC 155 (23 August 1974)
Piara Singh Vs. State of Punjab [1969] INSC 3 (8 January 1969)
Romesh Chandra Mehta Vs. State of West Bengal [1968] INSC 255 (18 October 1968)
Illias Vs. Collector of Customs, Madras [1968] INSC 266 (31 October 1968)
Badku Joti Savant Vs. State of Mysore [1966] INSC 60 (1 March 1966)
Raja Ram Jaiswal Vs. State of Bihar [1963] INSC 86 (4 April 1963)
M. Narayanan Nambiar Vs. State of Kerala [1962]346 (5 December 1962)
Kartar Singh Vs. State of Punjab [1961] INSC 189 (26 April 1961)
The State of Punjab Vs. Barkat Ram [1961] INSC 257 (30 August 1961)
Mohamed Dastagir Vs. The State of Madras [1960] INSC 33 (26 February 1960)
The State of Madhya Pradesh Vs. Mubarak Ali [1959] INSC 12 (3 February 1959)

Headnote :

CRUCIALStatement to Police Officer - Narcotic Drugs and Psychotropic Substances Act - An officer acting under Section 53 of the NDPS Act is considered a police officer - Any confessional statement made to such officers is not admissible as evidence.A. Constitution of India, 1950, Article 20(3) - Nar...

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