Caselaw | Supreme Court Judgements of 2020

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Saritha S. Nair Vs. Hibi Eden

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 651 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A. According to Section 8(3) of the Representation of The People Act, 1951, a conviction leads to disqualification from contesting elections. The date of conviction marks the beginning of the disqualification period, while the date of release determines when the disqualification ends. This means tha...

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Titty Alias George Kurian Vs. The Deputy Range Forest Officer

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 652 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

The Wild Life (Protection) Act of 1972, specifically Sections 2, 9, 39A, 49A, and 51, has been invoked in a case regarding the possession of a turtle by the respondent. The turtle in question has been identified as the Indian Flap Shell Turtle (Lissemys punctata), while the species listed in Part II...

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Kush Kalra Vs. Union of India

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 653 SC

Headnote :

The Constitution of India, 1950, Article 32: The petitioner challenges the decision made by various States and Union Territories to place posters outside the homes of individuals who are COVID-19 positive and are mandated to isolate at home. The petitioner claims that this action constitutes a serio...

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The Institute of Chartered Accountants of India Vs. Shaji Poulose

Judgement Date : 09 Dec 2020

Citation : 2020 Latest Caselaw 654 SC

Headnote :

The Constitution of India, 1950, Article 139A(1) - Supreme Court Rules 2013, Order 40, Rule 1 - Case Transfers - The petitioner requested the transfer of multiple Writ Petitions currently pending in High Courts. The petitioners in these writ petitions have contested the validity of Chapter VI of Gui...

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Rohtas Vs. State of Haryana

Judgement Date : 10 Dec 2020

Citation : 2020 Latest Caselaw 655 SC

CrPC Section 224. Withdrawal of remaining charges on conviction on one of several charges
CrPC Section 464. Effect of omission to frame, or absence of, or error in, charge
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 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A. Indian Penal Code, 1860, Sections 148, 149, and 34; Criminal Procedure Code, 1973, Sections 211 to 224 - Modification of charge sheet - If the number of accused exceeds five at the time of filing the charge sheet, but due to acquittals during the trial, the remaining accused number falls below fi...

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A. P. J. Abdul Kalam Technological University Vs. Jai Bharath College of Management and Engineering Technology

Judgement Date : 10 Dec 2020

Citation : 2020 Latest Caselaw 656 SC

Headnote :

The APJ Abdul Kalam Technological University Act of 2015, specifically Sections 60 and 63, addresses the granting of affiliation and allows the University to impose additional conditions. The authority of universities to establish higher norms and standards is unquestionable. Although universities a...

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IQBAL Basith Vs. N. Subbalakshmi

Judgement Date : 14 Dec 2020

Citation : 2020 Latest Caselaw 657 SC

Headnote :

According to Article 136 of the Constitution of India, 1950, the appellants sought a permanent injunction as their only form of relief. The respondents did not contest the appellants\' title to the property in question. They acknowledged their ownership and possession of a different plot, which is l...

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Amar Nath Chaubey Vs. Union of India

Judgement Date : 14 Dec 2020

Citation : 2020 Latest Caselaw 658 SC

IPC Section 302. Punishment for murder

Headnote :

A. The Constitution of India, 1950, Articles 14 and 21 - The police have a legal obligation to conduct investigations into any crime in accordance with the law as outlined in the Criminal Procedure Code (Cr.P.C). A fair investigation is an essential aspect of Articles 14 and 21 of the Constitution o...

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Vidya Drolia Vs. Durga Trading Corporation

Judgement Date : 14 Dec 2020

Citation : 2020 Latest Caselaw 659 SC

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Dr. AKB Sadbhavana Mission School of Homeo Pharmacy Vs. The Secretary, Ministry of Ayush

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 660 SC

Headnote :

Homeopathy Central Council Act, 1973, Section 33 in conjunction with Section 24 - Homeopathic remedies for the prevention and alleviation of Covid-19 - The appellants argued that the directives from the Division Bench of the Kerala High Court in paragraph 14, which called for actions against Homeopa...

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Action Ispat and Power Pvt. Ltd. Vs. Shyam Metalics and Energy Ltd.

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 661 SC

Headnote :

The Companies Act of 1956, specifically Sections 433(e), 433(f), 434, and 439, along with Section 434(1)(c) of the Companies Act of 2013 and Rules 5 and 6 of the Companies (Transfer of Pending Proceedings) Rules, 2016, address the winding up of companies and the transfer of proceedings. Winding up p...

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Samir Agrawal Vs. Competition Commission of India

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 662 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 494. Marrying again during lifetime of husband or wife

Headnote :

Competition Act, 2002 Section 3(1) in conjunction with Section 3(3)(a), Section 3(4)(e), and Section 26(2) - Dismissal of complaint regarding anti-competitive behavior by Ola and Uber - The appellant Informant argued that due to algorithmic pricing, riders cannot negotiate fares with individual driv...

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Smt. S. Vanitha Vs. The Deputy Commissioner, Bengaluru Urban District

Judgement Date : 15 Dec 2020

Citation : 2020 Latest Caselaw 663 SC

IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
Protection of Women From Domestic Violence Act, 2005

Headnote :

A. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, and the Protection of Women from Domestic Violence Act, 2005, Section 17 - Women\'s Rights in Shared Housing - The rights of women to secure housing affirm their entitlement to reside in the matrimonial home or share...

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Sanjai Tiwari Vs. State of Uttar Pradesh

Judgement Date : 16 Dec 2020

Citation : 2020 Latest Caselaw 664 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

The Criminal Procedure Code of 1973, Section 482, along with Section 13(1) and Section 13(2) of the Prevention of Corruption Act of 1988, and Sections 420, 467, 468, 471, 477A, and 120B of the Indian Penal Code of 1860, are referenced in this case. A third party has challenged the criminal proceedin...

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Seelan @ Jeyaseelan Vs. The Inspector of Police

Judgement Date : 16 Dec 2020

Citation : 2020 Latest Caselaw 665 SC

Headnote :

The rape charge under Section 376(1) of the Indian Penal Code, 1860, was not limited to just that section, as the petitioner\'s counsel argued. It also falls under Section 376, which encompasses Section 376(2), carrying a sentence of 10 years. Since the State did not file any appeal and the incident...

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Dr. Naresh Kumar Mangla Vs. Smt. Anita Agarwal

Judgement Date : 17 Dec 2020

Citation : 2020 Latest Caselaw 666 SC

CrPC Section 154. Information in cognizable cases
CrPC Section 438. Direction for grant of bail to person apprehending arrest
IPC Section 313. Causing miscarriage without woman’s consent
IPC Section 471. Using as genuine a forged document or electronic record

Gurbaksh Singh Sibbia Vs. State of Punjab [1980] INSC 70 (9 April 1980)

Headnote :

A. Under the Criminal Procedure Code of 1973, Section 438 of the Indian Penal Code of 1860, and Sections 498A and 304B concerning dowry death, the anticipatory bail has been canceled. The informant\'s daughter experienced an unnatural death shortly after the complaint was filed. The FIR mentions pri...

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Registrar Karnataka University Vs. Dr. Prabhugouda

Judgement Date : 17 Dec 2020

Citation : 2020 Latest Caselaw 667 SC

Headnote :

According to Section 2(2) of the Karnataka State Universities Act, 2000, promotions under the Career Advancement Scheme are granted to incumbent teachers based solely on their entry date into the University. The effective date for all purposes is the date the respondent began their service at the Un...

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Anglo American Metallurgical Coal Pty Ltd. Vs. MMTC Ltd.

Judgement Date : 17 Dec 2020

Citation : 2020 Latest Caselaw 668 SC

Headnote :

A. Under the Arbitration and Conciliation Act, 1996, Section 34, and the Evidence Act, 1872, Section 94, the principle of patent ambiguity applies only when a document accurately reflects existing facts, including the specific meaning of words used. In the current case, the three \"crucial\" emails...

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Suresh Shah Vs. Hipad Technology India Private Ltd.

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 669 SC

Section 114. TPA, Relief against forfeiture for non-payment of rent.

Headnote :

The Arbitration and Conciliation Act of 1996, specifically Section 11(5), along with Sections 111, 114, and 114A of the Transfer of Property Act of 1882, pertains to the appointment of a Sole Arbitrator to address disputes arising from a Sub-Lease deed. It was determined that if special statutes do...

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In Re: The Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 670 SC

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Nayara Energy Ltd. Vs. State of Gujarat

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 671 SC

Headnote :

The Constitution of India, 1950, Article 136, addresses the withdrawal of increased compensation. The High Court, through the contested order, allowed the original claimants to withdraw 50% of the 80% increased compensation awarded by the Reference Court. The lands of the original claimants were acq...

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Pradeep Kumar Sonthalia Vs. Dhiraj Prasad Sahu @ Dhiraj Sahu

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 672 SC

Headnote :

According to Article 191(1)(e) of the Constitution of India, 1950, and Section 8(3) of the Representation of The People Act, 1951, the question arose regarding the validity of a vote cast by a Member of the Legislative Assembly (MLA) in the Rajya Sabha election. Specifically, it was asked whether th...

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M/s. Galaxy Transport Agencies, Contractors, Traders, Transports and Suppliers Vs. M/s. New J. K. Roadways, Fleet Owners and Transport Contractors

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 673 SC

Headnote :

A. Under Article 14 of the Constitution of India, 1950, regarding the tender conditions, Condition No. 31 of the Notice Inviting Tender (NIT) stipulated that the tenderer must possess a minimum of 30 vehicles, which should include both Heavy Motor Vehicles (HMV) and Light Motor Vehicles (LMV), along...

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Saurav Yadav Vs. State of Uttar Pradesh

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 674 SC

Headnote :

A. According to Section 3 of the U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, candidates from horizontal reserved categories have the right to be selected in the general category. Candidates from any of these horizontal ca...

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State of Maharashtra Vs. Keshao Vishwanath Sonone

Judgement Date : 18 Dec 2020

Citation : 2020 Latest Caselaw 675 SC

B. Basavalingappa Vs. D. Munichinnappa [1964] INSC 199 (23 September 1964)

Headnote :

A. Under Section 41 of the States Reorganisation Act, 1956, and Article 342 of the Constitution of India, the Scheduled Castes and Scheduled Tribes Orders can be modified. The designation of \'Gowari\' as \'Gond Gowari\', a Scheduled Tribe listed in item 28 of Entry 18 of the Constitution (Scheduled...

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Bhaven Construction through Authorised Signatory Premjibhai K. Shah Vs. Executive Engineer Sardar Sarovar Narmada Nigam Ltd.

Judgement Date : 06 Jan 2021

Citation : 2020 Latest Caselaw 676 SC

Arbitration and Conciliation Act, 1996
Constitution of India
Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992

Headnote :

The Arbitration and Conciliation Act of 1996, specifically Sections 16(2) and 34, addresses the appointment of an arbitrator in a dispute concerning payments related to the manufacturing and supply of bricks. The question arises as to whether the arbitral process can be interfered with under Article...

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