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N. MOTILAL vs. FAISAL BIN ALI

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 101 SC

Headnote :

IMPORTANTYou can submit an application for the determination of fair rent even while the tenancy contract is still in effect.According to Section 4 of the Telangana Building (Lease, Rent and Eviction) Control Rent, 1960, the purpose of this Act is to ensure that landlords do not charge more than the...
CHIEF REGIONAL OFFICE THE ORIENTAL INSURANCE CO.LTD vs. PRADIP

Judgement Date : 27 Jan 2020

Citation : 2020 Latest Caselaw 102 SC

Headnote :

Appointment - Invalidating caste claims - Service protection - If a candidate is appointed to a reserved position based on a claim of belonging to a specific group eligible for reservation, the invalidation of that claim will, as a necessary consequence, render the appointment void from the outset....
VICKY @ VIKAS vs. STATE (GOVT. OF NCT OF DELHI)

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 103 SC

Headnote :

The Criminal Procedure Code of 1973, Section 427, along with the Indian Penal Code of 1860, Sections 392, 394, and 397 in conjunction with Section 34, addresses the issue of whether the accused\'s situation warrants the exercise of discretion to allow sentences of imprisonment to run concurrently wi...
GOVIND PRASAD KEJRIWAL vs. STATE OF BIHAR

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 104 SC

Headnote :

IMPORTANTDuring an inquiry under Section 202 of the Cr.P.C., the Magistrate must adopt a broad perspective and assess whether a prima facie case exists.A. Criminal Procedure Code, 1973, Section 202 and 482 - Indian Penal Code, 1860, Sections 323, 341, and 379 - Criminal complaint - Quashing - The co...
MUNICIPAL CORPORATION, MUNICIPAL CORPORATION OF GREATER MUMBAI vs. PANNA MAHESH CHANDRA DAVE

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 105 SC

Headnote :

The Bombay Municipal Corporation Act, Section 351 addresses the issue of illegal structures and their demolition, as well as the provision of alternative accommodations. The Corporation forcibly took control of land and structures that had been in place since 1961. In court, the Corporation acknowle...
SHIRPUR EDUCATION SOCIETY vs. STATE OF MAHARASHTRA

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 106 SC

Headnote :

The All India Council for Technical Education Act of 1987, specifically Sections 23, 10, and 11, along with Section 12 of the Pharmacy Act of 1948, pertains to the undergraduate pharmacy (B. Pharma) program. The claim to admit students up to an intake of 180, with an additional 60 in the evening shi...
UTTAR BHARTIYA RAJAK SAMAJ PANCHAYAT BANGANGA RAJAK SAMAJ CO-OPERATIVE HOUSING SOCIETY (PROPOSED) vs. STATE OF MAHARASHTRA

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 107 SC

Headnote :

The Maharashtra Regional and Town Planning Act, specifically Sections 37(1) and 154, pertains to a Letter of Intent issued for a Slum Rehabilitation Scheme regarding the demand for a premium. The appellants argued that due to delays in obtaining clearance from the Coastal Zone Management Authority,...
GHAT TALAB KAULAN WALA vs. BABA GOPAL DASS CHELA SURTI DASS

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 108 SC

Headnote :

IMPORTANTPublic Charities - The procedure outlined in Section 92 of the CPC does not apply to lawsuits initiated by a trust.A decree for the rendition of accounts cannot be enforced after the death of the original party.Civil Procedure Code, 1908, Section 92 - Specific Relief Act, 1963, Section 39 -...
STATE OF MADHYA PRADESH vs. YOGENDRA SINGH JADON

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 109 SC

Headnote :

IMPORTANTCriminal Procedure - The inherent power under Section 482 of the CrPC cannot be invoked when the allegations need to be substantiated in a court of law.Criminal Procedure Code, 1973, Section 482 - Indian Penal Code, 1860, Sections 420, 406, 409, and 120B - Prevention of Corruption Act, 1988...
VINAY KUMAR MITTAL vs. DEWAN HOUSING FINANCE CORPORATION LTD

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 110 SC

Headnote :

The Reserve Bank of India Act, 1934, Section 45(q)(a) and the Insolvency and Bankruptcy Code, 2016, Section 21(6A) - Reliance Nippon Life Asset Management Ltd. has initiated a commercial lawsuit against the respondent to recover the amount invested in the respondent\'s Non-convertible debentures. Th...
SUSHIL SETHI vs. STATE OF ARUNACHAL PRADESH

Judgement Date : 31 Jan 2020

Citation : 2020 Latest Caselaw 111 SC

Headnote :

IMPORTANTA breach of contract constitutes cheating only when there was some form of deception at the very start of the transaction.According to the Indian Penal Code, 1860, Sections 420 and 120B - regarding criminal proceedings - the case involves a contract between SPML and the complainant, the Gov...
OM PRAKASH vs. SURESH KUMAR

Judgement Date : 30 Jan 2020

Citation : 2020 Latest Caselaw 112 SC

Headnote :

IMPORTANTA statement made by Counsel in court is binding on the party.According to Section 14 of the H.P. Urban Rent Control Act, 1987, regarding eviction for the reconstruction of leased premises, a statement made by Counsel is binding. In a case where the landlord initiated eviction proceedings ba...
UNION OF INDIA vs. ROSAMMA BENNY

Judgement Date : 04 Feb 2020

Citation : 2020 Latest Caselaw 113 SC

Headnote :

The Indian Railway Establishment, Clause 129, Manual Vol. I, addresses financial advancement under the Modified Assured Career Progression (MACP) Scheme. It was determined that, based on the circular dated September 12, 2012, issued by the Ministry of Railways (Railway Board) on behalf of the Govern...
KAJAL vs. JAGDISH CHAND

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 114 SC

Headnote :

IMPORTANTSupreme Court reiterates principles necessary for the payment of just compensation.A. Under Section 168 of the Motor Vehicle Act, 1988 - In the event of an accident, the principles for awarding compensation state that a claimant may experience consequential losses due to injuries sustained,...
M/S BHARAT COKING COAL LIMITED vs. SHYAM KISHORE SINGH

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 115 SC

Headnote :

IMPORTANTEven if there is substantial evidence indicating that the recorded date of birth is incorrect, modifications to the service record are not allowed at the end of service.A. Modification of Date of Birth in Service Record - The employee began service on 01.03.1982, with the date of birth reco...
MOHAMMADE YUSUF vs. RAJKUMAR

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 116 SC

Headnote :

NOTICEA compromise decree involving immovable property, aside from the property that is the subject of the suit or proceeding, must be registered.According to Section 17 of the Registration Act, 1908, a compromise decree concerning property that was the subject of the suit is not included in the exc...
BRAHMA SINGH vs. UNION OF INDIA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 117 SC

Headnote :

IMPORTANTPension - Service provided in the Supreme Court Legal Aid Committee and the Supreme Court Legal Services Committee before the enactment of the Supreme Court Legal Services Committee Rules, 2000, is eligible to be included when calculating qualifying service for pension determination.Accordi...
M/S HIGH RANGE COFFEE CURING PVT.LTD vs. STATE OF KARNATAKA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 118 SC

Headnote :

Karnataka Sales Tax Act, 1957, Sections 5 and 6 - Industrial Policy 1996 - Exemption - Government Order No. CI 30 SPC 96, dated March 15, 1996, known as Industrial Policy 1996, only offers sales tax concessions. The distinction is evident - the notion that purchase tax was included in the industrial...
D.RAGHU vs. R.BASAVESWARUDU

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 119 SC

Headnote :

The Recruitment Rules for Group \'C\' Posts in the Central Excise and Land Customs Department, established in 2003, specifically Rules 4 and 5, address seniority and eligibility for promotion to the position of inspector. In 2001, the Cabinet approved the restructuring of certain positions, which in...
M/S NATESAN AGENCIES vs. STATE

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 120 SC

Headnote :

A. The Wild Life (Protection) Act, 1972 - Exclusion of leased land from the boundaries of the wildlife sanctuary - Claim for Damages - Following the notification issued in 1976 that included the land, the appellant had no opportunity to acquire any additional rights to the land after the lease expir...
CANARA BANK vs. M/S UNITED INDIA INSURANCE CO. LTD

Judgement Date : 06 Feb 2020

Citation : 2020 Latest Caselaw 121 SC

Headnote :

IMPORTANTAs long as the insured is not the individual responsible for the fire, the Insurance Company cannot evade liability. The coverage provisions of the insurance policy should be interpreted broadly, and any ambiguities should be resolved in favor of the insured.The beneficiaries of an insuranc...
C.S.VENKATESH vs. A.S.C.MURTHY

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 122 SC

Headnote :

IMPORTANTSpecific performance - The plaintiff must demonstrate that he has the means to generate the consideration amount.A. Under Section 58(c) of the Transfer of Property Act, 1882 regarding Specific Performance of Contract - Execution of conveyance deed - The question arises whether the sale deed...
M/S. SKJ COKE INDUSTRIES LTD vs. COAL INDIA LTD

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 123 SC

Headnote :

The Colliery Control Order of 1945, specifically Clauses 3, 4, 4A, and 4B, along with Section 16 of the Essential Commodities Act of 1995, pertains to the allocation and pricing of coal. A notification issued by the Central Government on January 9, 1996, exempted Coal India and its subsidiaries from...
MARUTI SUZUKI INDIA LTD. vs. COMMISSIONER OF INCOME TAX DELHI

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 124 SC

Headnote :

IMPORTANTUnutilized credit in the MODVAT scheme cannot be considered as an amount actually paid by the purchaser of inputs for manufacturing purposes - It does not qualify for deductions under the Income Tax Act.A. Central Excise Rules 1944, Rules 2(3) and 57A to 57F - Inputs utilized in manufacturi...
PREM CHAND SINGH vs. STATE OF UTTAR PRADESH

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 125 SC

Headnote :

IMPORTANTIf the foundation of two FIRs is identical, prosecution based on a subsequent FIR is not valid.According to Section 300 of the Criminal Procedure Code, 1973, regarding the second FIR - Discharge - An FIR was filed by the complainant claiming that the accused forged a power of attorney and s...
KALINDI DAMODAR GARDE vs. MANOHAR LAXMAN KULKARNI

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 126 SC

Headnote :

IMPORTANTThere is no rule that prevents the natural born son of an adoptee father, who was born before the adoption, from inheriting.According to Section 8 of the Hindu Succession Act, 1956, children born to an adoptee prior to the adoption have the right to inherit. The fact that a father has adopt...
PARMESHWAR NANDA vs. STATE OF JHARKHAND CHIEF SECRETARY

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 127 SC

Headnote :

According to Rule 59 of the Bihar Pension Rules, 1950, past service is not counted for pension benefits. The circular dated August 12, 1969, addresses pension benefits for temporary government employees. The appellants were never appointed by the government, either temporarily or permanently; they w...
INFINITY INFOTECH PARKS LIMITED vs. SHIVA JUTE MILLS PRIVATE LIMITED

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 128 SC

Headnote :

The Constitution of India, 1950, Article 136 addresses the occupation of multi-storey buildings and the associated liability for maintenance and electricity charges. The respondent, who was granted sub-lease in the premises, has failed to pay any lease rent, maintenance fees, electricity charges, or...
MUKESH KUMAR vs. STATE OF UTTARAKHAND

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 129 SC

Headnote :

IMPORTANTThe State Government\'s decision regarding reservations for Scheduled Castes and Scheduled Tribes cannot be based solely on quantifiable data.According to the Constitution of India, 1950, Article 16(4) and 16(4-A), as well as the Uttar Pradesh Public Services (Reservation for Scheduled Cast...
NITESH KUMAR PANDEY vs. STATE OF MADHYA PRADESH

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 130 SC

Headnote :

A. Selection Criteria - Modification - The issue pertains to the selection for the position of Gram Rojgar in the Panchayat. Guidelines were issued that mandated specific qualifications, including a computer examination pass certificate from designated universities. However, additional criteria for...
OIL AND NATURAL GAS CORPORATION vs. KRISHAN GOPAL

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 131 SC

Headnote :

IMPORTANTCan labor or industrial courts mandate regularization in the absence of sanctioned positions? This issue has been referred to a larger bench.According to Section 10 of the Industrial Disputes Act, 1947 - The authority of the Labour Court to mandate regularization - Is there any limitation o...
VUNDAVALLI RATNA MANIKYAM vs. V.P.P.R.N. PRASADA RAO

Judgement Date : 06 Feb 2020

Citation : 2020 Latest Caselaw 132 SC

Headnote :

The Limitation Act of 1963, specifically Articles 54 and 113, pertains to the execution of an agreement to sell and the specific performance of a contract, which may be barred by limitation. Article 113 of the Limitation Act is relevant as the suit was filed within three years from the time the righ...
RAJESHBHAI MULJIBHAI PATEL vs. STATE OF GUJARAT

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 133 SC

Headnote :

IMPORTANTWhile the opinion of a handwriting expert is a relevant piece of evidence, an FIR cannot be registered solely based on that opinion.A. Indian Penal Code, 1860 Sections 406, 420, 465, 467, 468, 471, and 114 - Forgery - Quashing of FIR - The complainant alleged that the appellants conspired t...
MUKUL AGRAWAL vs. STATE OF UTTAR PRADESH

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 134 SC

Headnote :

The Criminal Procedure Code of 1973, Section 482, and the Indian Penal Code of 1860, Sections 420, 467, 468, and 471, have led to the decision to decline the quashing of criminal proceedings. The complaint asserts that the agreement presented by the accused in the lawsuit is a false and fabricated d...
ATMA RAM vs. CHARANJIT SINGH

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 135 SC

Headnote :

A. Under the Specific Relief Act of 1963, Sections 16(c) and 38 of the Civil Procedure Code, 1908, Section 149, a suit for mandatory injunction (which is essentially a suit for specific performance) concerning an agreement for the purchase of immovable property faced issues with court fees. The peti...
KANTARU RAJEEVARU vs. INDIAN YOUNG LAWYERS ASSOCIATION

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 136 SC

Headnote :

Petition for review - Referral to a larger Bench - The Court established issues for examination and submitted legal questions to a larger Bench in the review petition.[Para 2]
STATE OF U.P. vs. VIRENDRA KUMAR

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 137 SC

Headnote :

The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam of 1965, specifically Sections 15 and 94(2)(nn), pertains to the Family Pension and Gratuity Scheme and grants the Board the authority to establish such regulations. In the case of State of U.P. Vs Preetam Singh and others, the court determined th...
ARUN SINGH vs. STATE OF U.P.

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 138 SC

Headnote :

IMPORTANTA settlement reached between the parties does not provide a valid basis for quashing an FIR in cases involving offenses against society.The authority to compound an offense and the inherent power to quash are separate and distinct, even though the end result may be the same, such as the acq...
PRATHVI RAJ CHAUHAN vs. UNION OF INDIA

Judgement Date : 10 Feb 2020

Citation : 2020 Latest Caselaw 139 SC

Headnote :

IMPORTANTThe accused can only be granted anticipatory bail if no prima facie case is established under the Atrocities Act. Otherwise, Section 438 of the Cr.P.C., 1973 does not apply to cases under the SC and ST Act.A. Under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act...
RAJEEV KOURAV vs. BAISAHAB

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 140 SC

Headnote :

IMPORTANTCriminal Procedure - Criminal proceedings cannot be dismissed based on the evaluation of statements recorded under Section 161 of the Cr.PC.According to the Criminal Procedure Code of 1973, Section 482, and the Indian Penal Code of 1860, Section 506 regarding criminal intimidation, it has b...
SRIDHAR vs. N. REVANNA

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 141 SC

Headnote :

The Transfer of Property Act, 1882, Sections 10 and 13, addresses the issue of gifts and restrictions on the alienation of property. In this case, the defendant received property from his grandfather with a stipulation that neither he nor his future brother could alienate the property. However, a co...
BRIG. NALIN KUMAR BHATIA vs. UNION OF INDIA

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 142 SC

Headnote :

IMPORTANTNon-empanelment for promotion - There is no assumption that decisions made by individuals in high positions are valid.According to the Constitution of India, 1950, Articles 14 and 16, regarding non-empanelment for promotion to the rank of Major General, it has been established that there is...
GOVERNMENT OF INDIA vs. SITAKANT S. DUBHASHI

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 143 SC

Headnote :

The Swatantrata Sainik Samman Pension Scheme of 1980 faced a claim rejection under the Goa Freedom Fighter\'s Welfare Rules of 1988, specifically Rule 2 (1). This pertains to the Goa Liberation Movement and the eligibility for pension benefits. The Central Government, after reviewing various represe...
M/S.RAJANKUMAR AND BROTHERS vs. ORIENTAL INSURANCE CO.LTD.

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 144 SC

Headnote :

A. Under the Consumer Protection Act of 1986, Section 23, and the Marine Insurance Act of 1963, Section 35, regarding insurance claims and breach of warranty: The respondent issued a Maritime Cargo Cover Note for a voyage to the appellant. Both the Cover Note and the Insurance Policy specified that...
UNION OF INDIA vs. DEEPAK NIRANJAN NATH PANDIT

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 145 SC

Headnote :

The Constitution of India, 1950, Article 226 discusses the transfer of an employee and the interference through writ jurisdiction. The respondent contested the transfer, and due to an interim order from the High Court, did not report to the new posting location. Meanwhile, the respondent was suspend...
STATE BANK OF INDIA vs. NEW INDIA ASSURANCE CO. LTD

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 146 SC

Headnote :

According to Section 23 of the Consumer Protection Act, 1986, a loan agreement was established between the Bank and the Borrower. The agreement stipulated that the Borrower was responsible for insuring all assets pledged to the Bank. Following this, the Bank procured insurance coverage on behalf of...
BHARTI AXA GENERAL INSURANCE CO. LTD vs. PRIYA PAUL

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 147 SC

Headnote :

A. Under the Consumer Protection Act of 1986, Section 23, and the Aircraft Act of 1934, Section 2(1), regarding a death resulting from an accident, a claim for insurance was made for an individual who died while on vacation in Canada participating in gliding activities. A glider is classified as an...
M/S OUDH SUGAR MILLS LTD vs. UNION OF INDIA

Judgement Date : 07 Feb 2020

Citation : 2020 Latest Caselaw 148 SC

Headnote :

The determination of price for levy sugar and the classification of zones was contested by the appellant sugar mill, which argued that despite having similar geographical and climatic conditions, it was assigned to the central zone for price fixation, while other mills were categorized in the easter...
BRAHMA SINGH vs. UNION OF INDIA

Judgement Date : 05 Feb 2020

Citation : 2020 Latest Caselaw 149 SC

Headnote :

IMPORTANTPension - Service provided in the Supreme Court Legal Aid Committee and the Supreme Court Legal Services Committee before the enactment of the Supreme Court Legal Services Committee Rules, 2000, is eligible to be included when calculating qualifying service for pension determination.Accordi...
SAKKUBAI vs. STATE OF KARNATAKA

Judgement Date : 11 Feb 2020

Citation : 2020 Latest Caselaw 150 SC

Headnote :

The Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act of 1961, specifically Sections 19(1) and 20, addresses the heritage significance of Hampi. It mandates the demolition of unauthorized constructions. Following the establishment of the Hampi World Heritage Area Manag...
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