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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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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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