Caselaw | Supreme Court Judgements of september 2020

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UNION OF INDIA vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA

Judgement Date : 01 Sep 2020

Citation : 2020 Latest Caselaw 487 SC

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
Constitution of India
Indian Telegraph Act, 1885
Indian Wireless Telegraphy Act, 1933
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
National Telecom Policy, 2012
Passports Act, 1967
Reporting System on Accounting Separation Regulations, 2016
Telecom Regulatory Authority of India Act, 1997
Telecom Regulatory Authority Of India Act, 1997

Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)

Headnote :

CRUCIALSpectrum Sale - Responsibility for Past Dues - When the entire spectrum is sold, the buyer will be responsible for the seller\'s past dues.A. Under Section 4 of the Indian Telegraph Act, 1885 - Spectrum Sharing - Responsibility for Past Dues - A portion of a licensee\'s spectrum has been shar...

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SARIKA vs. ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (MP)

Judgement Date : 01 Sep 2020

Citation : 2020 Latest Caselaw 488 SC

Headnote :

CRUCIALGuidelines issued to prevent erosion of the Shivalinga at Shri Mahakaleshwar Temple in Ujjain.According to Article 133 of the Constitution of India, 1950 - Measures to prevent erosion of the Shivalinga at Shri Mahakaleshwar Temple in Ujjain - Based on the reports from the Expert Committee, th...

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M/S.L.R.BROTHERS,INDO FLORA LTD. vs. COMISSIONER OF CENTRAL EXCISE

Judgement Date : 01 Sep 2020

Citation : 2020 Latest Caselaw 489 SC

Central Excise Act, 1944
Central Excises and Salt Act, 1944
Customs Act, 1962
Customs Tariff Act, 1975
Indian Contract Act, 1872

Zile Singh Vs. State of Haryana & Ors [2004] Insc 619 (7 October 2004)

Headnote :

NOTICECustoms Act - Imposition of customs duty on imported inputs utilized in the production of cut flowers sold in the Domestic Tariff Area.According to Section 28 of the Customs Act, 1962, customs duty is applicable on the sale of cut flowers within the Domestic Tariff Area. A show-cause notice wa...

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DESIGNATED AUTHORITY vs. M/S THE ANDHRA PETROCHEMICALS LIMITED

Judgement Date : 01 Sep 2020

Citation : 2020 Latest Caselaw 490 SC

Customs Tariff Act, 1975

Headnote :

The Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Article and for Determination of Injury) Rules, 1995, specifically Rule 20, under the Customs Act of 1975, Section 9A, addresses anti-dumping duties and the limitations on investigations. It mandates that th...

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M/S BANDEKAR BROTHERS PVT.LTD. vs. PRASAD VASSUDEV KENI

Judgement Date : 02 Sep 2020

Citation : 2020 Latest Caselaw 491 SC

Code of Civil Procedure, 1908 (CPC)
Criminal Procedure Code, 1973
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
CrPC Section 211. Contents of charge
CrPC Section 216. Court may alter charge
CrPC Section 239. When accused shall be discharged
CrPC Section 460. Irregularities, which do not vitiate proceedings
CrPC Section 476. Forms
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 177. Furnishing false information
IPC Section 181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC Section 188. Disobedience to order duly promulgated by public servant
IPC Section 191. Giving false evidence
IPC Section 192. Fabricating false evidence
IPC Section 193. Punishment for false evidence
IPC Section 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC Section 196. Using evidence known to be false
IPC Section 199. False statement made in declaration which is by law receivable as evidence
IPC Section 211. False charge of offence made with intent to injure
IPC Section 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding
IPC Section 419. Punishment for cheating by personation
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 463. Forgery
IPC Section 464. Making a false document
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

Vishnu Chandru Gaonkar Vs. N.M. Dessai [MARCH 06, 2018]
Patel Laljibhai Somabhai Vs. The State of Gujarat [1971] INSC 150 (7 May 1971)
Dr. S. Dutt Vs. State of Uttar Pradesh [1965] INSC 159 (18 August 1965)
Daulat Ram Vs. State of Punjab [1962] INSC 24 (25 January 1962)

Headnote :

CRUCIALCreation of False Evidence - A private complaint regarding offenses under Sections 191/192 of the IPC is not valid if the false evidence is fabricated outside the courtroom.A. Under the Criminal Procedure Code, 1973, Sections 190, 195, and 340, and the Indian Penal Code, 1860, Sections 191, 1...

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SHRIDHAR C.SHETTY vs. ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY

Judgement Date : 02 Sep 2020

Citation : 2020 Latest Caselaw 492 SC

Maharashtra Land Revenue Code, 1966

Headnote :

The Urban Land (Ceiling and Regulation) Act of 1976, specifically Sections 20 and 21, addresses breaches of exemption terms. The appellant was granted an exemption for constructing tenements on designated exempt lands, which required that 20 percent of these tenements be allocated to government nomi...

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IN RE : VIJAY KURLE AND ORS

Judgement Date : 03 Sep 2020

Citation : 2020 Latest Caselaw 493 SC

Indian Penal Code, 1860 (IPC)

Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)

Headnote :

NOTICEContempt of Court - A request to overturn a judgment regarding a contempt of court sentence is not permissible.According to the Contempt of Courts Act, 1971, Sections 15 and 23, regarding sentences for contempt of court - a request to overturn an order is not permissible. An application from t...

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RAGHAV GUPTA vs. STATE ( NCT OF DELHI)

Judgement Date : 04 Sep 2020

Citation : 2020 Latest Caselaw 494 SC

CrPC Section 251. Substance of accusation to be stated
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The Prevention of Food Adulteration Act, 1954, along with the Prevention of Food Adulteration Rules, 1955, specifically Rule 32(e), addresses the quashing of legal proceedings. In this case, a Food Inspector acquired sealed samples of Snapple Juice Drink for testing. The Public Analyst\'s report ind...

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KARAD URBAN COOPERATIVE BANK LTD vs. SWWAPNIL BHINGARDEVAY

Judgement Date : 04 Sep 2020

Citation : 2020 Latest Caselaw 495 SC

Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Headnote :

CRUCIALThe determination of whether the corporate debtor can continue as a going concern involves considering all relevant factors, which must be presented to the Committee of Creditors (CoC). The CoC must make a deliberate decision to approve the resolution plan, after which the adjudicating author...

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R. POORNIMA vs. UNION OF INDIA

Judgement Date : 04 Sep 2020

Citation : 2020 Latest Caselaw 496 SC

Constitution of India

Headnote :

CRUCIALElevation to High Court Judge - A District Judge cannot combine their experience as an Advocate to qualify for elevation to the High Court.A. Constitution of India, 1950, Article 217(2) - Appointment of High Court Judges - There are two distinct pathways for elevation to the High Court: one f...

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NEW INDIA ASSURANCE COMPANY LIMITED vs. SOMWATI

Judgement Date : 07 Sep 2020

Citation : 2020 Latest Caselaw 497 SC

Motor Vehicles Act, 1988

Headnote :

IMPORTANTMotor Accident Compensation - Consortium - The term \'consortium\' encompasses spousal consortium, parental consortium, and filial consortium.A. Under Section 166 of the Motor Vehicles Act, 1988, compensation for accidents is a broad term that includes claims for damages. Compensation serve...

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ASHOO SURENDRANATH TEWARI vs. DEPUTY SUPERINTENDENT OF POLICE

Judgement Date : 08 Sep 2020

Citation : 2020 Latest Caselaw 498 SC

CrPC Section 197. Prosecution of Judges and public servants
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

The Constitution of India, 1950, Article 136, addresses allegations of corruption and the subsequent discharge of the accused. Due to complaints from several vendors regarding delays in payment, SIDBI, in collaboration with Tata Motors Limited, instructed the vendors to provide their RTGS details fo...

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M/S. BANGALORE CLUB vs. COMMISSIONER OF WEALTH TAX

Judgement Date : 08 Sep 2020

Citation : 2020 Latest Caselaw 499 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Income Tax Act, 1961
Karnataka Societies Registration Act, 1960
Societies Registration Act, 1860
Wealth Tax Act, 1957

Ramanlal Bhailal Patel & Ors Vs. State of Gujarat [2008] INSC 136 (5 February 2008)

Headnote :

IMPORTANTClub - Wealth tax - Individuals forming a club or association that is not intended for business or commercial purposes to generate income or profits are not subject to wealth tax.A. Wealth-Tax Act, 1957 Section 3(1) Bangalore Club - Wealth tax applicability - Only three categories of entiti...

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SREI EQUIPMENT FINANCE LIMITED vs. RAJEEV ANAND

Judgement Date : 08 Sep 2020

Citation : 2020 Latest Caselaw 500 SC

Headnote :

The Insolvency and Bankruptcy Code, 2016, Section 7, outlines the insolvency resolution process. The NCLT reached the conclusion that the loan amount was still outstanding only after reviewing the documents, pleadings, and supplementary affidavits, including the counter affidavit from the previous a...

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SHREYAS SINHA vs. WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES

Judgement Date : 09 Sep 2020

Citation : 2020 Latest Caselaw 501 SC

West Bengal National University Of Juridical Sciences Act, 1999

Headnote :

The West Bengal National University of Juridical Sciences Act, 1999, Section 4A addresses the domicile of the state and the reservation of seats for admissions. The appellant\'s complaint is that 30% of the seats were reserved for students who are residents of West Bengal following the amendment of...

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STALIN vs. STATE THR REP BY THE INSPECTOR OF POLICE

Judgement Date : 09 Sep 2020

Citation : 2020 Latest Caselaw 502 SC

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

Singapagu Anjaiah Vs. State of A.P. [2010] INSC 453 (6 July 2010)
Dhirajbhai Gorakhbhai Nayak Vs. State of Gujarat [2003] INSC 315 (25 July 2003)
State of Karnataka Vs. Vedanayagam [1994] INSC 607 (23 November 1994)

Headnote :

CRUCIALMurder - Single injury - Section 302 of the IPC applies when death results from a single injury.A. Under the Indian Penal Code, 1860, Section 302 regarding Murder - Single injury - There is no strict rule that Section 302 IPC cannot apply in cases involving a single injury; it is contingent u...

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JAISHRI LAXMANRAO PATIL vs. CHIEF MINISTER

Judgement Date : 09 Sep 2020

Citation : 2020 Latest Caselaw 503 SC

Constitution of India

P.A. Inamdar & Ors Vs. State of Maharashtra & Ors [2005] INSC 413 (12 August 2005)

Headnote :

CRUCIALReservations exceeding 50% - The strict 50% rule may be relaxed in exceptional circumstances, specifically for individuals residing in remote and isolated areas who are not part of the mainstream national life.A. Constitution of India, 1950, Articles 16(4), 338B, and 442A - The Maharashtra St...

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RAJASTHAN STATE ROAD TRANSPORT CORPORATION vs. GOVERDHAN LAL SONI

Judgement Date : 09 Sep 2020

Citation : 2020 Latest Caselaw 504 SC

Headnote :

Regulations for the Pension of Employees of the Rajasthan State Road Transport Corporation, 1989.

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PRAVIN KUMAR vs. UNION OF INDIA

Judgement Date : 10 Sep 2020

Citation : 2020 Latest Caselaw 505 SC

Indian Penal Code, 1860 (IPC)
Prevention of Corruption Act, 1988

Headnote :

IMPORTANTDisciplinary proceedings - Authority of inquiry officer to pose questions - Although the stringent rules of the Evidence Act do not apply to disciplinary proceedings, inquiry officers are permitted to ask questions of witnesses in these proceedings to uncover the truth when necessary.A. Con...

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RIZWAN KHAN vs. STATE OF CHHATTISGARH

Judgement Date : 10 Sep 2020

Citation : 2020 Latest Caselaw 506 SC

Mohan Lal Vs. The State of Punjab [August 16, 2018]
Jarnail Singh Vs. State of Punjab [2009] INSC 68 (15 January 2009)

Headnote :

IMPORTANTRecovery of drugs - The trial under the NDPS Act is not invalidated simply due to the lack of established ownership of the vehicle.A. Under the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), regarding the recovery of contraband - The appellant was found in posse...

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NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION vs. COMMISSIONER OF INCOME TAX-V, DELHI

Judgement Date : 11 Sep 2020

Citation : 2020 Latest Caselaw 507 SC

Finance Act, 2003
Income Tax Act, 1961

Empire Jute Co. Ltd. Vs. Commissioner of Income Tax [1980] INSC 117 (9 May 1980)

Headnote :

A. Under the National Cooperative Development Corporation Act of 1962, specifically Sections 9 and 12, and the Income Tax Act of 1961, Section 56, the determination of whether a specific source of income qualifies as business income requires an examination of what constitutes a business activity. Th...

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JEET RAM vs. NARCOTICS CONTROL BUREAU, CHANDIGARH

Judgement Date : 15 Sep 2020

Citation : 2020 Latest Caselaw 508 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Vinod Kumar Vs. State of Haryana [JANUARY 08, 2015]
Mohan Lal Vs. State of Rajasthan [April 17, 2015]
Baldev Singh Vs. State of Haryana [November 4, 2015]
Dharampal Singh Vs. State of Punjab [2010] INSC 721 (9 September 2010)
Baldev Singh Vs. State of Haryana [2008] INSC 2048 (1 December 2008)
Chandrappa & Ors Vs. State of Karnataka [2007] Insc 142 (15 February 2007)
State of Karnataka Vs. K. Gopalakrishna [2005] INSC 47 (18 January 2005)
Mohan Lal Vs. State of Rajasthan [2002] INSC 513 (3 December 2002)

Headnote :

IMPORTANTUnder the NDPS Act, the requirement for a search of a person as stipulated in Section 50 is only applicable in cases of personal searches.A. According to the Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 20 and 50, the possession of 13 Kgs of charas indicates that the condi...

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ABHILASHA vs. PARKASH

Judgement Date : 15 Sep 2020

Citation : 2020 Latest Caselaw 509 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 482. Saving of inherent power of High Court
Family Courts Act, 1984
Hindu Adoptions and Maintenance Act, 1956
Hindu Marriage Act, 1955
Muslim Women (Protection of Rights on Divorce) Act, 1986

Headnote :

IMPORTANTMaintenance - An unmarried daughter who does not have any physical or mental disabilities or injuries is not entitled to maintenance from her father.According to Section 125 of the Criminal Procedure Code, 1973, and Section 20 of the Hindu Adoptions and Maintenance Act, 1956, an unmarried d...

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GOVERNMENT OF INDIA vs. VEDANTA LIMITED

Judgement Date : 16 Sep 2020

Citation : 2020 Latest Caselaw 510 SC

Arbitration (Protocol and Convention) Act, 1937
Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Limitation Act, 1963

Shri Lal Mahal Ltd. Vs. Progetto Grano Spa [July 03, 2013]
Sumitomo Heavy Industries Ltd. Vs. Ongc Ltd. & Ors [1997] INSC 897 (4 December 1997)

Headnote :

CRUCIALArbitration - Foreign award - Limitation for enforcement - The enforcement of a foreign award, treated as a deemed decree of the relevant High Court, falls under the residuary provision, specifically Article 137 of the Limitation Act.CRUCIALInternational Commercial Arbitration - Applicable La...

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NEETU KUMAR NAGAICH vs. STATE OF RAJASTHAN

Judgement Date : 16 Sep 2020

Citation : 2020 Latest Caselaw 511 SC

Constitution of India
CrPC Section 174. Police to enquire and report on suicide, etc
IPC Section 302. Punishment for murder

Headnote :

IMPORTANTFurther Investigation - If the constitutional court determines that an investigation has not been conducted properly, it may consider initiating a new investigation with the assistance of an independent agency to ensure justice is served. This authority may also be exercised if it is found...

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BALASORE ALLOYS LIMITED vs. MEDIMA LLC

Judgement Date : 16 Sep 2020

Citation : 2020 Latest Caselaw 512 SC

Arbitration and Conciliation Act, 1996

Headnote :

A. Under Section 11(6) of the Arbitration and Conciliation Act, 1996, when there are two purchase orders in effect, each containing different arbitration clauses, it is necessary to interpret these documents together to understand the nature of the dispute between the parties. Only after this reconc...

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JUGUT RAM vs. STATE OF CHHATTISGARH

Judgement Date : 16 Sep 2020

Citation : 2020 Latest Caselaw 513 SC

IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, regarding murder, the accused attacked the deceased with a lathi. A lathi is a common item that villagers carry, which is associated with their identity. The fact that it can also serve as a weapon does not automatically classify it as a weapon of...

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PAPPU DEO YADAV vs. NARESH KUMAR

Judgement Date : 17 Sep 2020

Citation : 2020 Latest Caselaw 514 SC

Indian Penal Code, 1860 (IPC)
Motor Vehicles Act, 1988

Headnote :

CRUCIALMotor Accident - No evidence found by the Trial Court or High Court regarding the appellant being under the influence of alcohol - The insurance company cannot present this argument in the victim\'s appeal.A. Under the Motor Vehicles Act, 1988 Section 166, concerning Permanent Disability - Co...

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M/S MSD REAL ESTATE LLP vs. COLLECTOR OF STAMPS

Judgement Date : 17 Sep 2020

Citation : 2020 Latest Caselaw 515 SC

Headnote :

A. Under Section 40(1)(b) of the Stamp Act, 1899, regarding deficit stamp duty and recovery notices, the Collector ordered the Trustees of the Trust to pay both the stamp duty and a penalty. However, in a Special Leave Petition (SLP), the Supreme Court issued an interim order that stayed the penalty...

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TRUSTEES OF H.C.DHANDA TRUST vs. STATE OF MADHYA PRADESH

Judgement Date : 17 Sep 2020

Citation : 2020 Latest Caselaw 516 SC

Gwalior
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Succession Act, 1925

Headnote :

CRUCIALDeficit stamp duty - Penalty - The imposition of a tenfold penalty under Section 40(1)(b) is not automatic and cannot be applied mechanically.A. According to Section 40(1)(b) of the Stamp Act, 1899, regarding deficit stamp duty and penalties, the exercise of discretion is essential. The prima...

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LALAN D. @ LAL vs. ORIENTAL INSURANCE COMPANY LTD.

Judgement Date : 17 Sep 2020

Citation : 2020 Latest Caselaw 517 SC

Sanjay Verma Vs. Haryana Roadways [JANUARY 29, 2014]

Headnote :

CRUCIALMotor Accident - No findings from the Trial Court or High Court; appellant was under the influence of alcohol - In the victim\'s appeal, the insurance company cannot present this argument.CRUCIALMotor Accident - Compensation for Caregiver expenses - The victim was unable to hire a caregiver d...

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SAGUFA AHMED vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD

Judgement Date : 18 Sep 2020

Citation : 2020 Latest Caselaw 518 SC

Companies Act, 2013
Constitution of India
General Clauses Act, 1897
Limitation Act, 1963
National Company Law Tribunal Rules, 2016

Headnote :

NOTICESupreme Court ruling on the extension of limitation period - The order does not extend the timeframe for which delays can be excused under statutory discretion.Companies Act, 2013, Section 421(3) - General Clauses Act, 1897 Section 10 - Applications for condonation of delay and appeals deemed...

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B.SANTOSHAMMA vs. D.SARALA

Judgement Date : 18 Sep 2020

Citation : 2020 Latest Caselaw 519 SC

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

Headnote :

CRUCIALEnforcement of Agreement - Court\'s Discretion - Following the 2018 amendment, the relief of specific performance of a contract is no longer at the court\'s discretion; the court is required to enforce specific performance.A. Limitation Act, 1963 Section 21; Specific Relief Act, 1963 Section...

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RAKESH KUMAR AGARWALLA vs. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU

Judgement Date : 21 Sep 2020

Citation : 2020 Latest Caselaw 520 SC

Constitution of India
Electricity Act, 2003
Karnataka Societies Registration Act, 1960
National Electricity Policy
Reserve Bank of India Act, 1934

Headnote :

CRUCIALAdmission to the Law Course - The separate admission notice issued by the National Law School of India University, in the event of a delay in CLAT 2020, is not valid.A. Constitution of India, 1950, Article 32 - National Law School of India Act, 1986, Section 13 - Admission to the National Law...

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STATE OF KERALA vs. M/S RDS PROJECT LIMITED

Judgement Date : 22 Sep 2020

Citation : 2020 Latest Caselaw 521 SC

Headnote :

The Constitution of India, 1950, Article 14 - Report from an expert body: A flyover built by the Respondent was in use for a year when the Consultancy Agency for the Ministry of Road Transport and Highways, Government of India, conducted a routine inspection and found the bridge to be in a distresse...

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NATIONAL ALLIANCE FOR PEOPLES MOVEMENTS vs. STATE OF MAHARASHTRA

Judgement Date : 22 Sep 2020

Citation : 2020 Latest Caselaw 522 SC

Headnote :

IMPORTANTClassification of undertrial and convicted prisoners for temporary release by the Maharashtra High Powered Committee in light of the Covid-19 situation.In the context of the Covid-19 situation, the classification of undertrial and convicted prisoners for temporary release by the High Powere...

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UNION OF INDIA vs. M/S G.S. CHATHA RICE MILLS

Judgement Date : 23 Sep 2020

Citation : 2020 Latest Caselaw 523 SC

Constitution of India
Customs Act, 1962
Customs Brokers Licensing Regulations, 2013
Customs Tariff Act, 1975
Finance Act, 2018
General Clauses Act, 1897
Government of India Act, 1935
Indian Evidence Act, 1872
Information Technology (Electronic Service Delivery) Rules, 2011
Limitation Act, 1963
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Reserve Bank of India Act, 1934
Transfer of Property Act, 1882

Harla Vs. The State Of Rajasthan [1951] INSC 41 (24 September 1951)

Headnote :

CRUCIALThe improvement in the process of uploading Custom Duty notifications in the e-Gazette is of great importance.CRUCIALCustom Duty Enhancement - An increase in the duty rate, as authorized by Section 8A of the Customs Tariff Act, can only take effect prospectively.A. Under the Customs Tariff Ac...

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BELI RAM vs. RAJINDER KUMAR

Judgement Date : 23 Sep 2020

Citation : 2020 Latest Caselaw 524 SC

Motor Vehicles Act, 1988

National Insurance Co. Ltd. Vs. Swaran Singh & Ors [2004] Insc 12 (5 January 2004)

Headnote :

Under the Workmen\'s Compensation Act of 1923, specifically Sections 3 and 4, the owner of a vehicle is liable for compensation. An employer must initially verify the driver\'s license, but they cannot simply disregard their responsibility to ensure that the driver has renewed their license. In this...

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Dr. JITENDRA GUPTA vs. Dr. C. CHANDRAMOULI IAS

Judgement Date : 25 Sep 2020

Citation : 2020 Latest Caselaw 525 SC

Headnote :

A. IAS (Cadre) Rules, 1954, Rules 5(2) and 6 - Contempt of Courts Act, 1971 Section 2(b) Cadre Transfer - Contempt - The appellant, an IAS officer, sought a directive for his transfer from the Bihar Cadre to the Haryana Cadre. The Central Administrative Tribunal, after nullifying the Central Governm...

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ANWAR ALI vs. STATE OF HIMACHAL PRADESH

Judgement Date : 25 Sep 2020

Citation : 2020 Latest Caselaw 526 SC

CrPC Section 100. Persons in charge of closed place to allow search
CrPC Section 417. Power to appoint place of imprisonment
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 392. Punishment for robbery
IPC Section 420. Cheating and dishonestly inducing delivery of property

Chandrappa & Ors Vs. State of Karnataka [2007] Insc 142 (15 February 2007)
Balbir Singh Vs. State of Punjab [2005] INSC 152 (3 March 2005)
Gaya Din & Ors Vs. Hanuman Prasad & Ors [2000] INSC 585 (27 November 2000)
Balbir Singh Vs. State of Punjab [1999] INSC 285 (19 August 1999)
Sambasivan & Ors Vs. State of Kerala [1998] INSC 291 (8 May 1998)
Kuldeep Singh Vs. The Commissioner of Police & Ors [1998] INSC 618 (17 December 1998)
Kuldeep Singh Vs. The Commissioner of Police & Ors [1998] INSC 622 (17 December 1998)
Ramesh Babulal Doshi Vs. The State of Gujarat [1996] INSC 653 (2 May 1996)
Balbir Singh Vs. The State of Punjab [1995] INSC 395 (16 August 1995)
Balbir Singh Vs. State of Punjab [1994] INSC 95 (8 February 1994)
Suresh Chandra Bahri Vs. State of Bihar [1994] INSC 366 (13 July 1994)
Balbir Singh Vs. State of Punjab [1994] INSC 575 (10 November 1994)
Balak Ram Vs. The State of U.P [1974] INSC 145 (16 August 1974)
Pratap Vs. State of U.P [1972]312 (22 December 1972)

Headnote :

CRUCIALMotive - While the lack of motive cannot be a basis for dismissing the prosecution\'s case, the absence of motive in a case reliant on circumstantial evidence is a consideration that favors the accused.A. Indian Penal Code, 1860, Sections 302 in conjunction with Section 34 - Murder - Viabilit...

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MAHESHWAR TIGGA vs. STATE OF JHARKHAND

Judgement Date : 28 Sep 2020

Citation : 2020 Latest Caselaw 527 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 341. Punishment for wrongful restraint.
IPC Section 375. Rape
IPC Section 376. Punishment for rape
IPC Section 90. Consent known to be given under fear or misconception

Headnote :

CRUCIALRape - The misunderstanding regarding a promise to marry must occur close in time to the event and cannot extend over a lengthy duration.A. Under the Indian Penal Code, 1860, Sections 376, 323, and 341, the sustainability of a rape conviction is questioned when the prosecutrix claims the appe...

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STATE OF MADHYA PRADESH vs. AMIT SHRIVAS

Judgement Date : 29 Sep 2020

Citation : 2020 Latest Caselaw 528 SC

Constitution of India
Gwalior

Headnote :

CRUCIALCompassionate appointment - There is no automatic entitlement to compassionate appointment; it is granted based on specific criteria, particularly to assist families in need.A. Constitution of India, 1950, Article 14 - Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules...

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NEETU YADAV vs. SACHIN YADAV

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 529 SC

Headnote :

The Hindu Marriage Act of 1955, Section 13, and the Civil Procedure Code of 1908, Section 25, pertain to the transfer of a divorce petition. In this case, the wife has requested the transfer of the divorce petition filed by her husband from the Principal Judge of the Family Court in South West, Dwar...

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SATISH @ SABBE vs. STATE OF UTTAR PRADESH

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 530 SC

Arms Act, 1959
Constitution of India
CrPC Section 432. Power to suspend or remit sentences
Indian Penal Code, 1860 (IPC)

Headnote :

CRUCIALPremature release - Duration of sentence or severity of initial crime - Cannot be the only reason for denying premature release.A. UP Prisoners Release on Probation Act, 1938, Section 2 - First-time offenders - Premature release - Society has the right to live peacefully and without fear, fre...

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SUBED ALI vs. STATE OF ASSAM

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 531 SC

IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 341. Punishment for wrongful restraint.

Headnote :

CRUCIALCommon intention - This is a matter of inference derived from the facts and circumstances of the case, based on a comprehensive evaluation of the evidence against the participants.A. Indian Penal Code, 1860, Sections 302 and 34 - Murder conviction - Viability - The two victims were attacked w...

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KAUSHIK CHATERJEE vs. STATE OF HARYANA

Judgement Date : 30 Sep 2020

Citation : 2020 Latest Caselaw 532 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 494. Marrying again during lifetime of husband or wife
IPC Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Headnote :

NOTICETransfer - Criminal cases cannot be transferred on the basis of lack of territorial jurisdiction prior to the presentation of evidence.A. Criminal Procedure Code, 1973, Section 406 - Indian Penal Code, 1860, Sections 406, 408, 420, 120B - Criminal proceedings - Request for transfer of three cr...

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