Caselaw | Supreme Court Judgements of 2020

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M/S FAIR COMMUNCIATION AND CONSULTANT vs. SURENDER KARDILE

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 51 SC

Benami Transactions (Prohibition) Act, 1988
Benami Transactions (Prohibition) Amendment Act, 2016

Headnote :

A. Under Order 6 Rule 17 of the Civil Procedure Code, 1908, regarding the amendment of the plaint: The plaintiff sold his property and lent L 80,000 to the defendant to expand his business. The defendant claimed to have repaid the money on the same day, which the plaintiff disputed. The defendant co...

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YASHITA SAHU vs. STATE OF RAJASTHAN

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 52 SC

Constitution of India

Headnote :

IMPORTANTA Writ of Habeas Corpus can be pursued even if the child is in the custody of the other parent.Alongside `Visitation Rights`, `Contact Rights` are also crucial in situations where the parents reside in different states or countries.A parent who is denied custody of their child should have t...

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KAMLESH vs. UNION OF INDIA

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 53 SC

Headnote :

Regularization - The appellant claimed that she was provisionally appointed as an Extra Departmental Employee. The appointment order clearly stated that her provisional appointment would end once a regular appointment was made, and that she would have no claim to any position. The Tribunal rejected...

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DESH RAJ vs. BALKISHAN

Judgement Date : 20 Jan 2020

Citation : 2020 Latest Caselaw 54 SC

Code of Civil Procedure, 1908 (CPC)
Commercial Courts Act, 2015

Headnote :

IMPORTANTFiling of written statements - Courts have no discretion to excuse delays, applicable solely to commercial disputes.A. Civil Procedure Code, 1908, Order 8, Rule 1 - Commercial Courts Act, 2015, Sections 2(c) and 16 - Distinction between commercial and non-commercial disputes - It has been d...

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NIRMAL KUMAR PARSAN vs. COMMISSIONER OF COMMERCIAL TAXES

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 55 SC

Andhra Pradesh General Sales Tax Act, 1957
Central Sales Tax Act, 1956
Constitution of India
Customs Act, 1962
Tamil Nadu General Sales Tax Act, 1959

Headnote :

IMPORTANTSales Tax - The sale of goods imported from a foreign country, which are unloaded on the land of the State of West Bengal and stored in a bonded warehouse without the payment of customs duty, to foreign-bound ships as \"ship stores\" can be considered a sale within the territory of the Stat...

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KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED vs. H. L. KAVERI

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 56 SC

Headnote :

IMPORTANTAppointment - High Court\'s Authority - A candidate\'s approach to the High Court through a writ petition does not justify the exercise of jurisdiction under Article 226 of the Constitution if it infringes upon the rights of other candidates who are otherwise qualified for the appointment.A...

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DR.NALLAPAREDDY SRIDHAR REDDY vs. STATE OF ANDHRA PRADESH

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 57 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 216. Court may alter charge
CrPC Section 217. Recall of witnesses when charge altered
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304B. Dowry death
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 376. Punishment for rape
IPC Section 406. Punishment for criminal breach of trust
IPC Section 417. Punishment for cheating
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

IMPORTANTThe court has the authority to modify or add charges even after the evidence has been presented, arguments have been made, and the judgment has been reserved.A. According to Section 216 of the Criminal Procedure Code, 1973, the court possesses an exclusive and extensive power to modify or c...

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CHANDRA MOHAN VARMA vs. STATE OF UTTAR PRADESH

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 58 SC

Headnote :

U.P. Fundamental Rules, Rule 56 - Retirement - Extension of service - A notification issued by the State announced that the retirement age for faculty members would be increased from 60 to 65 years. The appellant attempted to prevent his retirement before reaching the age of 65. The date on which an...

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UNION OF INDIA vs. R. KARTHIK

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 59 SC

Air Force Act, 1950
Armed Forces Tribunal Act, 2007
Army Act, 1950
Navy Act, 1957

Headnote :

A. According to Section 45(a) of the Navy Act, 1957, the order of dismissal has been replaced with a punishment of 75 days of detention, while the deprivation of the First Good Conduct Badge remains in effect. The appellant, who was appointed as a Sailor in the Naval Service, faced allegations of as...

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CHANABASAPPA vs. KARNATAKA NEERAVARI NIGAM LTD

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 60 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

R.L. Jain Vs. Dda & Ors [2004] Insc 162 (12 March 2004)

Headnote :

The Land Acquisition Act of 1894, Section 34, pertains to the acquisition of land for dam construction. It states that interest is calculated from the date of the award rather than from the date of notification. This provision has been challenged. According to Section 34, a nine percent interest is...

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KEISHAM MEGHACHANDRA SINGH vs. HONBLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 61 SC

Constitution of India

Jagjit Singh Vs. State of Haryana & Ors [2006] Insc 935 (11 December 2006)
Kuldip Singh Vs. Subhash Chander Jain & Ors [2000] INSC 151 (28 March 2000)
Kihoto Hollohan Vs. Zachillhu & Ors [1992] INSC 53 (18 February 1992)

Headnote :

The Constitution of India, 1950, Article 142 and the Tenth Schedule, Paragraph 2(1)(a) pertain to the elections for the 11th Manipur Legislative Assembly. The respondent, who was nominated and supported by the Congress Party, contested the election and was elected. Following the announcement of the...

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DULESHWAR vs. STATE OF MP (NOW CHHATTISGARH)

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 62 SC

CrPC Section 222. When offence proved included in offence charged
Indian Penal Code, 1860 (IPC)
IPC Section 141. Unlawful assembly
IPC Section 143. Punishment
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 307. Attempt to murder
IPC Section 325. Punishment for voluntarily causing grievous hurt

Labourers Work[Ng on Salal Hydro-Project Vs. State of Jammu & Kashmir & Ors [1983] INSC 20 (2 March 1983)

Headnote :

A. Under the Indian Penal Code of 1860, Sections 147, 148, and 302/149, the case involves murder and unlawful assembly. The evidence from eyewitness statements clearly indicates that individuals armed with weapons participated in the assault on the deceased. Even a witness who was declared hostile c...

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RAMESAN vs. STATE OF KERALA

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 63 SC

CrPC Section 421. Warrant for levy of fine
CrPC Section 431. Money ordered to be paid recoverable as a fine
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTIn cases involving a composite sentence of imprisonment and a fine, the appeal does not become void upon the death of the accused.According to Section 394 of the Criminal Procedure Code, 1973, and Section 55 of the Kerala Abkari Act, 1077, the death of the accused does not lead to the abate...

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PAUL vs. STATE OF KERALA

Judgement Date : 21 Jan 2020

Citation : 2020 Latest Caselaw 64 SC

Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 313. Causing miscarriage without woman’s consent
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 84. Act of a person of unsound mind
IPC Section 86. Offence requiring a particular intent of knowledge committed by one who is intoxicated

Basdev Vs. The State of Pepsu [1956] INSC 28 (17 April 1956)

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, the accused claimed in his statement under Section 313 of the Cr.P.C., 1973 that the deceased had committed suicide by hanging. However, in addition to neck injuries, there were contusions on the forehead and nose, as well as abrasions on the left...

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VARADARAJAN vs. KANAKAVALLI

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 65 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956

Dashrath Rao Kate Vs. Brij Mohan Srivastava [2009] INSC 1691 (3 November 2009)

Headnote :

IMPORTANTThe executing court can resolve claims made by legal representatives during execution proceedings.Civil Procedure Code, 1908, Order 22, Rule 5 - In execution proceedings, conflicting claims from legal representatives can be adjudicated. The appellant, as the sole claimant to the deceased\'s...

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MAHARASHTRA SEAMLESS LIMITED vs. PADMANABHAN VENKATESH

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 66 SC

Companies Act, 2013
Competition Act, 2002
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Headnote :

A. Under the Insolvency and Bankruptcy Code of 2016, specifically Sections 7, 30(2) and (4), and 31, as well as Clause 35 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations of 2016, the issue arises regarding the matching of liquidation...

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SHYAMLAL DEVDA vs. PARIMALA

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 67 SC

CrPC Section 482. Saving of inherent power of High Court
Protection of Women From Domestic Violence Act, 2005

Headnote :

IMPORTANTDomestic violence - When allegations of domestic violence are made, the court must first be prima facie satisfied that instances of domestic violence have occurred before issuing any notice.A. Under the Protection of Women From Domestic Violence Act, 2005, sections 18, 19, 20, and 27, a com...

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NAWAB vs. STATE OF UTTARAKHAND

Judgement Date : 22 Jan 2020

Citation : 2020 Latest Caselaw 68 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

A. Indian Penal Code, 1860, Section 302 - Murder - Conviction - The accused was found guilty of murdering his wife. The appellant himself provided a written report to the police. In the FIR, the appellant initially claimed that three individuals entered his home at night and attempted to abduct him....

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HOME SECRETARY (PRISON) vs. H. NILOFER NISHA

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 69 SC

Constitution of India
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe High Court cannot order the premature release of a detainee sentenced to imprisonment through the writ of habeas corpus jurisdiction.A. Constitution of India, 1950 Article 226 Writ of habeas corpus - Issuance - The writ of habeas corpus is a procedural writ aimed at securing the liberty...

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GOVERNING BODY SWAMI SHRADDHANAND COLLEGE vs. AMAR NATH JHA

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 70 SC

Headnote :

Appointment as Vice-Principal - Approval - The Appellant University denied the appointment of the respondent as Vice-Principal of the College, citing the need for prior approval from the University. However, it has been observed that approval is often granted retroactively. In this context, the High...

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STAR INDIA (P) LTD. vs. SOCIETY OF CATALYSTS

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 71 SC

Telecom Regulatory Authority of India Act, 1997
Telecom Regulatory Authority Of India Act, 1997

Headnote :

IMPORTANTUnfair Trade Practice - The complainant did not provide sufficient evidence to demonstrate that the prize money was funded by SMS revenue, and their claims regarding this matter seem to be based solely on speculation and assumptions - The National Commission\'s determination of \"unfair tra...

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M/S. GRANULES INDIA LTD vs. UNION OF INDIA

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 72 SC

Customs Act, 1962

Headnote :

A. Under Section 28(1) of the Customs Act, 1962, regarding the import of consignments, the denial of exemption and the obligation to pay customs duty applies to consignments imported after 25.11.1993 under an advance license obtained before 19.05.1992. This is despite a clarifying notification issue...

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BAJRANG LAL SHARMA vs. C.K. MATHEW

Judgement Date : 23 Jan 2020

Citation : 2020 Latest Caselaw 73 SC

Constitution of India
Rajasthan Administrative Service Rules, 1954

Headnote :

The Constitution of India, 1950, Article 16, along with the Rajasthan Administrative Service Rules, 1954, specifically Rule 33, and the Rajasthan Administrative Service (Amendment) Rules, 2011, are relevant to this case regarding non-compliance with an order, leading to a contempt petition. The peti...

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H.P.PUTTASWAMY vs. THIMMAMMA

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 74 SC

Code of Civil Procedure, 1908 (CPC)
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Transfer of Property Act, 1882

Headnote :

The Registration Act of 1908, specifically Sections 32, 34, and 36, along with the Karnataka Registration Rules of 1965, particularly Rules 41 and 71, govern the registration of documents and the requirement for the presence of individuals. In this case, the plaintiff initiated a lawsuit seeking a d...

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INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA vs. J.R. WILLIAM SINGH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 75 SC

Headnote :

A. Time-Bound Promotion Scheme - Eligibility for Promotion - The respondent was appointed as an electrician by the appellant. The appellant and the Employees Association reached a settlement regarding the time-bound promotion scheme, which was applicable to Peons, Chowkidars, and Sweepers. However,...

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SANJAY MARUTIRAO PATIL vs. UNION OF INDIA MINISTRY OF DEFENCE

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 76 SC

Army Act, 1950
Army Rules, 1954
Constitution of India

Chief of The Army Staff & Ors Vs. Major Dharam Pal Kukrety [1985] INSC 64 (21 March 1985)

Headnote :

The Army Act of 1950, specifically Sections 20 and 63, along with Rule 17 of the Army Rules of 1954, addresses the issue of punishment and double jeopardy. In this case, the individual admitted guilt to three misconduct charges and received a punishment of rank reduction. However, he later denied th...

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SARDAR ALI KHAN vs. STATE OF UTTAR PRADESH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 77 SC

CrPC Section 200. Examination of complainant
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The Criminal Procedure Code of 1973, along with Section 200 of the Indian Penal Code of 1860, and Sections 418, 419, 420, 467, 468, and 471, pertains to criminal proceedings concerning a dispute over a fraudulent sale deed. In the complaint filed by the complainant, there are no accusations of imper...

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GURSHINDER SINGH vs. SRIRAM GENERAL INSURANCE CO. LTD.

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 78 SC

Headnote :

IMPORTANTInsurance Claim - Delay in notifying the insurance company about the theft does not justify denial of the claim.According to Section 23 of the Consumer Protection Act, 1986, regarding vehicle theft - A delay in informing the insurance company about the theft does not warrant denial of the i...

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STATE OF KERALA vs. RAJESH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 79 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 482. Saving of inherent power of High Court
Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

IMPORTANTA lenient stance on bail under the NDPS Act is inappropriate.If either of the two conditions specified in Section 37 of the NDPS Act is not met, the prohibition on granting bail remains in effect.The Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) - Limitations on...

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PRABHAKAR TEWARI vs. STATE OF UTTAR PRADESH

Judgement Date : 24 Jan 2020

Citation : 2020 Latest Caselaw 80 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThe existence of serious allegations and multiple pending criminal cases against the accused cannot serve as grounds to deny a bail request.According to Article 136 of the Constitution of India, 1950, regarding the granting of bail - A challenge has been made against the bail granted by the...

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KASHMIRA DEVI vs. STATE OF UTTARAKHAND

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 81 SC

Indian Penal Code, 1860 (IPC)
IPC Section 304B. Dowry death
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Kans Raj Vs. State of Punjab & Ors [2000] INSC 268 (26 April 2000)

Headnote :

A. Under the Indian Penal Code of 1860, specifically Sections 304B and 498A, along with Section 113B of the Evidence Act of 1872, the case involves dowry death and cruelty. The deceased suffered fatal burn injuries and passed away within seven years of marriage. The mother of the deceased testified...

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SHREE AMBICA MEDICAL STORES vs. SURAT PEOPLES CO-OPERATIVE BANK LTD

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 82 SC

Headnote :

A. Under Section 23 of the Consumer Protection Act, 1986, regarding insurance claims and repudiation: The insured had obtained an insurance policy, and for the following year, a new policy was issued with a different address for a different property. The insurer treated this as a new contract that e...

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SUKHWINDER SINGH vs. JAGROOP SINGH

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 83 SC

Constitution of India

Headnote :

A. Under Sections 20 and 16(c) of the Specific Relief Act, 1963, concerning the specific performance of a sale agreement, the plaintiff was required to demonstrate readiness and willingness to proceed with the sale, even in the absence of a defense from the opposing party. It was necessary for the p...

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SUJIT TIWARI vs. STATE OF GUJARAT

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 84 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

Headnote :

The Criminal Procedure Code of 1973, along with Sections 36A, 37, and 67 of the Narcotic Drugs and Psychotropic Substances Act of 1985, pertains to a conspiracy to smuggle a significant quantity of heroin into India via ship. The accused, who has been in custody for over two years, is a 25-year-old...

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ORIENTAL INSURANCE CO.LTD vs. M/S J.K.CEMENT WORKS

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 85 SC

Insurance Act, 1938

Headnote :

IMPORTANTConsumer Protection - The flood and inundation clause in Standard Fire and Special Perils insurance policies covers damage resulting from heavy rainfall.According to the Consumer Protection Act of 1986, Section 23, regarding damage to coal stock due to heavy rains - under the Standard Fire...

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BHARAT PETROLEUM CORP.LTD vs. R.CHANDRAMOULEESWARAN

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 86 SC

Constitution of India
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Section 108. TPA, Rights and liabilities of lessor and lessee.
Transfer of Property Act, 1882

Raghbir Singh Gill Vs. Gurcharan Singh Tohra & Ors [1980] INSC 119 (9 May 1980)

Headnote :

The Madras City Tenants\' Protection Act of 1921, specifically Sections 2(4)(i), 2(ii)(a), and 9, addresses tenancy issues. It includes a directive for landlords to sell property to tenants. In this case, the appellants leased land from the landlords for an extended period and built petrol stations...

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KIRPAL SINGH vs. KAMLA DEVI

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 87 SC

Pepsu Tenancy and Agricultural Lands Act, 1955
Pepsu Tenancy and Agricultural Lands Act, 1955
Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

A. Under Section 33(2)(ii) of the Haryana Ceiling of Land Act, 1972, the determination of surplus land is addressed. The proceedings to declare land as surplus were initiated under the Punjab Security of Land Tenures Act. However, during the ongoing proceedings, the State of Haryana was established,...

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CHANDESHWAR SAW vs. BRIJ BHUSHAN PRASAD

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 88 SC

Bihar Panchayat Raj Act, 2006
Constitution of India
Criminal Procedure Code, 1973

Sohan Lal Vs. Babu Gandhi & Ors [2002] INSC489 (22 November 2002)
Bhabhi Vs. Sheo Govind & Ors [1975] INSC 102 (21 April 1975)

Headnote :

A. Under Section 140 of the Bihar Panchayat Raj Act, 2006, and Rule 81 of the Bihar Election Rules, 2006, concerning the election for the position of Mukhia, the recounting of votes revealed that the appellant/election petitioner received 95 more valid votes than the respondent. This indicates that...

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VIJAYAKUMARAN C.P.V vs. CENTRAL UNIVERSITY OF KERALA

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 89 SC

Central University of Kerala

Headnote :

A. The Sexual Harassment of Working Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 9 and 11 - Termination - Determining whether the termination is straightforward or carries a stigma - The appellant underwent a formal inquiry conducted by a Committee established under...

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BRANCH MANAGER INDIGO AIRLINES KOLKATA vs. KALPANA RANI DEBBARMA

Judgement Date : 28 Jan 2020

Citation : 2020 Latest Caselaw 90 SC

Headnote :

IMPORTANTAirlines are not contractually obligated to escort every passenger after a boarding pass has been issued. Once a boarding pass is provided, airlines cannot be held responsible for any misconduct unless passengers seek timely assistance from the airline\'s ground staff at the airport.A. Unde...

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MUKESH KUMAR vs. UNION OF INDIA

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 91 SC

Constitution of India
CrPC Section 154. Information in cognizable cases

Satpal Vs. State of Haryana [May 01, 2018]
Swaran Singh Vs. State of U.P. & Ors [1998] INSC 148 (5 March 1998)
Ashok Kumar Vs. Union of India & Ors [1988] INSC 25 (27 January 1988)
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

IMPORTANTIt is not required that every piece of material cited by the petitioner should have been submitted to the President along with the mercy petition for the President\'s consideration.A prompt review of the mercy petition and its rapid rejection do not constitute valid grounds for judicial rev...

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SHRIPAL BHATI vs. STATE OF UP

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 92 SC

Constitution of India

Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed & Ors [1975] INSC 335 (19 December 1975)

Headnote :

IMPORTANTDeputation and Absorption - A person cannot be considered aggrieved and lacks locus standi unless they have personally suffered an injury.A. U.P. Industrial Development Act, 1976, Sections 3, 12, and 41 - NOIDA Service Regulations, 1981, Regulation 16(1)(c) and 80 - Electricity Supply Act,...

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MOHANDAS vs. STATE OF MAHARASHTRA

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 93 SC

Constitution of India
Gujarat Town Planning and Urban Development Act, 1976
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Maharashtra Regional and Town Planning Act, 1966

Headnote :

The Maharashtra Regional and Town Planning Act of 1966, Section 127, addresses land reservation and the consequences of failing to acquire reserved land. In this case, the entire property owned by the appellants was designated for the development of a shopping complex and vegetable market as per the...

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SUSHILA AGGARWAL vs. STATE (NCT OF DELHI)

Judgement Date : 29 Jan 2020

Citation : 2020 Latest Caselaw 94 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 154. Information in cognizable cases
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 41. When police may arrest without warrant
CrPC Section 43. Arrest by private person and procedure on such arrest
CrPC Section 437. When bail may be taken in case of non-bailable offence
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 46. Arrest how made
Indian Penal Code, 1860 (IPC)

Uday Mohanlal Acharya Vs. State of Maharashtra [2001] INSC 183 (29 March 2001)
Mohan & Ors Vs. State of Uttar Pradesh [1997] INSC 626 (29 July 1997)
Salauddin Abdulsamad Shaikh Vs. The State of Maharashtra [1995] INSC 820 (11 December 1995)
Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)

Headnote :

IMPORTANTPre-arrest bail granted under Section 438 does not have to be time-bound - the situation is the same as in Sections 437 and 439 of the Cr.P.C., 1973.The requirement to impose conditions under Section 438(2) for granting anticipatory bail is not mandatory.The rights that citizens hold dear a...

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URMILA DEVI vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD.

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 95 SC

Bengal Money-Lenders Act, 1940
Bihar Motor Vehicles Rules, 1992
Code of Civil Procedure, 1908 (CPC)
Motor Vehicles Act, 1988
Representation of the People Act, 1951

Headnote :

IMPORTANTA cross objection by the claimant in response to the appeal filed by the insurance company against the award issued by the MACT is permissible.According to the Civil Procedure Code, 1908, Order 41 Rule 22, and the Bihar Motor Vehicle Rules, 1992, Rule 249(3), as well as the Motor Vehicle Ac...

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AHMAD ALI QURAISHI vs. STATE OF UTTAR PRADESH

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 96 SC

CrPC Section 116. Inquiry as to truth of information
CrPC Section 200. Examination of complainant
CrPC Section 482. Saving of inherent power of High Court
Dowry Prohibition Act, 1961
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 452. House-trespass after preparation for hurt, assault or wrongful restraint
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty
IPC Section 506. Punishment for criminal intimidation

Headnote :

A. Under Section 482 of the Criminal Procedure Code, 1973, the inherent power may be exercised when it is determined that the initiation of criminal proceedings constitutes an abuse of the court\'s process, or when quashing such proceedings would promote the interests of justice. In such cases, the...

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CHOWGULE AND COMPANY PRIVATE LIMITED vs. GOA FOUNDATION

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 97 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Mines and Minerals (Development and Regulation) Act, 1957

Headnote :

The Mines and Minerals (Development and Regulation) Act, 1957, Section 8(3) - Directive to cease mining - Authorization to transport minerals that have already been extracted - In the case of Goa Foundation v. Sesa Sterlite Limited and Others, (2018) 4 SCC 218, the Court instructed the appellants to...

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VAIJINATH vs. AFSAR BEGUM

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 98 SC

Headnote :

The Hyderabad Tenancy and Agricultural Lands Act, 1950, Section 38E(1) pertains to the granting of statutory tenant status. The predecessor of the appellant was recognized as a statutory tenant, and the required payment was made to the Land Tribunal. The original landowner applied to reclaim the lan...

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STATE OF ODISHA vs. M/S. JINDAL STEEL AND POWER LTD.

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 99 SC

Headnote :

The Constitution of India, 1950, Article 136 - Mineral Concessions Rule, 1960, Rule 31(1) - Regarding the extraction of iron ore - The respondent made an agreement with SMPL to acquire iron ore. However, the appellant revoked the respondent\'s transit permit due to the expiration of SMPL\'s Environm...

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CHAIRMAN/MANAGING DIRECTOR, U.P. POWER CORPORATION LTD. vs. RAM GOPAL

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 100 SC

Constitution of India

K.C. Sharma & Ors Vs. Union of India & Ors [1997] INSC 619 (25 July 1997)

Headnote :

A. Termination of employment - Assigning reasons - The High Court overturned the termination on the basis that no reasons were provided; however, the reason for termination was clearly stated in the termination order itself, which was the cancellation of the selection results for operating staff. Th...

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