Caselaw | Supreme Court Judgements of 2020

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MALLURU MALLAPPA vs. KURUVATHAPPA

Judgement Date : 12 Feb 2020

Citation : 2020 Latest Caselaw 151 SC

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

Vinod Kumar Vs. Gangadhar [October 13, 2014]
Santosh Hazari Vs. Purushottam Tiwari [2001] INSC 76 (8 February 2001)
Hari Shankar Vs. Rao Girdhari Lal Chowdhury [1961] INSC 342 (5 December 1961)

Headnote :

IMPORTANTCivil Procedure - The first appellate court must adhere to the requirements of Order 41, Rule 31 when affirming a trial court\'s judgment.A. Civil Procedure Code, 1908 Section 96 and Order XLI Rule 31 - Specific performance - The first appellate court\'s failure to follow the guidelines set...

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BALWANT SINGH vs. DUNGAR SINGH

Judgement Date : 12 Feb 2020

Citation : 2020 Latest Caselaw 152 SC

Headnote :

IMPORTANTArbitration agreement regarding the division of family properties - Award is binding on the parties.According to Section 39(1)(6) of the Arbitration Act, 1940, concerning the partition of family properties - Appointment of Arbitrators - Award - Based on the reference dated 23.11.1981, the p...

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ORIENTAL INSURANCE COMPANY LTD vs. NATIONAL BULK HANDLING CORPORATION PVT. LTD.

Judgement Date : 12 Feb 2020

Citation : 2020 Latest Caselaw 153 SC

Indian Penal Code, 1860 (IPC)

Headnote :

According to Section 23 of the Consumer Protection Act, 1986, the complainant is responsible for storing commodities pledged by farmers, traders, and manufacturers when obtaining loans from lending banks. If there is any loss of these pledged commodities, the complainant must compensate the lending...

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K.SIVARAMAN vs P.SATHISHKUMAR

Judgement Date : 13 Feb 2020

Citation : 2020 Latest Caselaw 154 SC

Vijay Vs. State of Maharashtra [2008] INSC 2054 (1 December 2008)
Vijay Vs. State of Maharashtra & Ors [2006] Insc 452 (26 July 2006)

Headnote :

IMPORTANTThe date that is significant for determining the compensation owed under the Employee\'s Compensation Act is the date of the accident. The benefits of the amendment that increases the compensation amount will not be applicable to accidents that occurred before the amendment took effect.Acco...

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VIJAY KARIA vs. PRYSMIAN CAVI E SISTEMI SRL

Judgement Date : 13 Feb 2020

Citation : 2020 Latest Caselaw 155 SC

Arbitration and Conciliation (Amendment) Act, 2015
Arbitration and Conciliation Act, 1996
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitution of India
Delegation of Powers
Delegation of Powers
UNCITRAL Model Law on International Commercial Arbitration, 1985

Shri Lal Mahal Ltd. Vs. Progetto Grano Spa [July 03, 2013]

Headnote :

IMPORTANTArbitration Awards should always be interpreted in a manner that supports their validity, with a preference for upholding them rather than invalidating them.Regarding the recognition and enforcement of foreign awards, an appeal is allowed against a judgment that refuses to recognize and enf...

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RAMBABU SINGH THAKUR vs. SUNIL ARORA

Judgement Date : 13 Feb 2020

Citation : 2020 Latest Caselaw 156 SC

Constitution of India

Headnote :

CRUCIALThere has been a concerning rise in the number of criminals involved in politics - The Supreme Court has issued six mandatory directives.According to Articles 129 and 142 of the Constitution of India, 1950, the criminalization of politics has escalated alarmingly over the past four general el...

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VINOD RAVJIBHAI RAJPUT vs. STATE OF GUJARAT

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 157 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The Class IV Posts in Inferior Services within the Gujarat Secretariat and Non-Secretariat Offices Recruitment Rules, 2005, specifically Rules 2 to 7, address the termination of services and reinstatement. The appellant was appointed as a full-time Gallery Attendant in Group IV with the approval of...

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SOBHA HIBISCUS CONDOMINIUM vs. MANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 158 SC

Karnataka Apartment Ownership Act, 1972
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

IMPORTANTConsumer Protection - A voluntarily registered association is permitted to file complaints on behalf of its members to address their grievances - There is no provision in the Act that limits its application to complaints from individual complainants.A. Under the Consumer Protection Act, 198...

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M/S. BASPA ORGANICS LIMITED vs. UNITED INDIA INSURANCE COMPANY LIMITED.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 159 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955
Petroleum Act, 1934

Headnote :

The Consumer Protection Act of 1986, Section 23, addresses the breach of policy terms regarding the denial of an insurance claim. In this case, a fire occurred at the appellant\'s factory premises, leading the insurer to reject the claim based on the grounds of overvaluation and the lack of a proper...

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SANTOSH PRASAD @ SANTOSH KUMAR vs. STATE OF BIHAR

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 160 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 376. Punishment for rape
IPC Section 450. House-trespass in order to commit offence punishable with imprisonment for life

Ravindra Vs. State of Madhya Pradesh [February 26, 2015]
Mukesh Vs. State of Chhattisgarh [September 25, 2014]

Headnote :

IMPORTANTIn cases involving the testimony of a prosecutrix, the accused cannot be convicted of rape solely based on her statement unless it meets the standard of \"Sterling\" quality. The court may accept the witness\'s account without the need for corroboration, which can lead to a guilty verdict.A...

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CHANDIGARH CONSTRUCTION CO. PVT.LTD vs. STATE OF PUNJAB

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 161 SC

Indian Oil Corporation Vs. Indian Carbon Ltd. [1988] INSC 92 (6 April 1988)

Headnote :

The Arbitration and Conciliation Act of 1940, Section 34 - Award - Setting Aside - The claimant and the opposing party entered into a contract for earthwork, drainage behind lining, and cement concrete lining. During the execution of the project, the scope of work expanded. The rates specified in th...

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APS FOREX SERVICES PVT LTD vs. SHAKTI INTERNATIONAL FASHION LINKERS

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 162 SC

NI Act, Section 138. Dishonour of cheque for insufficiency, etc., of funds in the accounts

Headnote :

IMPORTANTThe defense claim that the \'cheque was issued as security\' is not credible without additional evidence to counter the presumption established under section 139 of the Negotiable Instruments Act.Under the Negotiable Instruments Act, 1881, Sections 138 and 139, regarding the dishonor of a c...

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VINAY SHARMA vs. UNION OF INDIA

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 163 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 412. Dishonestly receiving property stolen in the commission of a dacoity
Right to Information Act, 2005

Satpal Vs. State of Haryana [May 01, 2018]
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

IMPORTANTNirbhaya case - Convict\'s challenge against mercy rejection - Dismissed.A. Constitution of India, 1950 Article 32; Indian Penal Code, 1860 Sections 120B, 307, 365, 366, and 412 - Nirbhaya\'s case - Rejection of mercy petition - Judicial review - The argument regarding the non-provision of...

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VINOD GIRI GOSWAMI vs. STATE OF UTTARAKHAND

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 164 SC

Uttar Pradesh Reorganization Act, 2000

Headnote :

IMPORTANTOfficiating in an ad hoc position, which is not conducted in accordance with the established Rules and is merely a temporary arrangement, cannot be considered when determining seniority.A. According to the Uttarakhand Civil Services (Executive Branch) Rules 2005, Rule 24(4) - Promotion - Se...

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M/S Z ENGINEERS CONSTRUCTION PVT LTD vs. BIPIN BIHARI BEHERA

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 165 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

IMPORTANTPower of attorney - Subject to stamp duty as a conveyance due to possession being delivered at the time of execution.According to Article 227 of the Constitution of India, 1950, and Order 13, Rule 8 of the Civil Procedure Code, 1908, along with the Stamp Act (amended by Orissa Act No. 1 of...

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M/S. DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY MUDALIAR CHATTRAM AND ORS. CHARITIES AND ORS vs. M/S. BHASKAR RAJU AND BROTHERS

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 166 SC

Arbitration and Conciliation Act, 1996
Karnataka Stamp Act, 1957

Headnote :

CRUCIALA court cannot act on an instrument that includes an arbitration agreement if it is not properly stamped.According to the Arbitration and Conciliation Act of 1996, Section 7, and the Stamp Act of 1899, Sections 35 and 38, as well as the Karnataka Stamp Act of 1957, Sections 33 and 34, an agre...

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LAXMIBAI vs. COLLECTOR, NANDED

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 167 SC

Constitution of India
Maharashtra Village Panchayats Act, 1959
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Harnek Singh Vs. Charanjit Singh & Ors [2005] Insc 561 (7 October 2005)
Tarlochan Dev Sharma Vs. State of Punjab & Ors [2001] INSC 335 (25 July 2001)
Jyoti Basu & Ors Vs. Debi Ghosal & Ors [1982] INSC 26 (26 February 1982)
D. Venkata Reddy Vs. R. Sultan & Ors [1976] INSC 36 (24 February 1976)

Headnote :

IMPORTANTOnce an alternative mechanism is established by law, seeking relief through writ jurisdiction is not the suitable remedy.A. Under Section 14B of the Maharashtra Village Panchayats Act, 1959 - Failure to submit election expenses - Disqualification - The appellant, an elected member of the Pa...

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UNION OF INDIA vs. M/S. ASSOCIATED CONTAINER TERMINAL LTD.

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 168 SC

Customs Act, 1962

Headnote :

According to Sections 63 and 150 of the Customs Act, 1962, regarding the sale of goods stored in a warehouse and the payment of customs duty, the Circular issued by the Central Board of Excise & Customs on November 28, 2001, states that customs duty should be calculated based on the sale price rathe...

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C.DODDANARAYANA REDDY vs. C.JAYARAMA REDDY

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 169 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872

State of Punjab Vs. Mohinder Singh & Ors [2007] Insc 992 (28 September 2007)
State of Punjab Vs. Mohinder Singh [2005] INSC 170 (14 March 2005)
Navaneethammal Vs. Arjuna Chetty [1996] INSC 1080 (6 September 1996)
Birad Mal Singhvi Vs. Anand Purohit [1988] INSC198 (2 August 1988)
Brij Mohan Singh Vs. Priya Brat Narain Sinha & Ors [1964] INSC 28 (5 February 1964)

Headnote :

IMPORTANTBoth the Trial Court and the First Appellate Court reviewed the School Leaving Certificate and concluded that the date of birth was not established by the certificate. The High Court\'s order declaring the school leaving certificate inadmissible is hereby overturned.Civil Procedure Code, 19...

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M/S NOLA RAM DULICHAND DAL MILLS PARTNER vs. UNION OF INDIA

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 170 SC

Customs Act, 1962
Foreign Trade (Development and Regulation) Act, 1992

Headnote :

The Foreign Trade (Development and Regulation) Act of 1992, Section 5, states that the appellant is involved in trading and selling products in both the domestic and export markets, sourcing items from a 100% export-oriented unit. The appellant challenged a circular that stated exports made by Expor...

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STATE OF KARNATAKA vs. N.GANGARAJ

Judgement Date : 14 Feb 2020

Citation : 2020 Latest Caselaw 171 SC

Constitution of India
Prevention of Corruption Act, 1988

Headnote :

IMPORTANTA mere inconsistency in evidence does not equate to a lack of evidence - Inconsistencies in evidence do not provide sufficient grounds to intervene in a departmental inquiry.In a disciplinary inquiry, the finding that the accused was guilty of misconduct was overturned by the Tribunal and H...

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ADANI GAS LIMITED vs. PETROLEUM AND NATURAL GAS REGULATORY BOARD

Judgement Date : 17 Feb 2020

Citation : 2020 Latest Caselaw 172 SC

Code of Civil Procedure, 1908 (CPC)
Electricity Act, 2003

Headnote :

The Electricity Act of 2003, Section 110, and the Petroleum and Natural Gas Regulatory Board Act of 2006, Section 19, address the disqualification of bids for City or Local Natural Gas Distribution Networks. It is clear that the Chairperson\'s conclusions were founded on three main assumptions: (i)...

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SECRETARY,MINISTRY OF DEFENCE vs. BABITA PUNIYA

Judgement Date : 17 Feb 2020

Citation : 2020 Latest Caselaw 173 SC

Army Act, 1950
Army Rules, 1954
Indian Penal Code, 1860 (IPC)

Headnote :

IMPORTANTThere is an absolute prohibition on women seeking criteria or command appointments that does not align with the guarantee of equality under Article 14.A. According to the Constitution of India, 1950, Articles 14 and 33, and the Army Act, 1950, Section 12, the policy dated 25.2.2019 has sign...

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SOUMITRA KUMAR NAHAR vs. PARUL NAHAR

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 174 SC

Protection of Women From Domestic Violence Act, 2005

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

Headnote :

IMPORTANTThe dissolution of marriage does not equate to the termination of parental responsibilities - A child deserves the love of both parents.A. Guardian and Wards Act, 1890, Sections 7 and 8 - Custody - Child\'s Rights - The rights of the child must be honored as they are entitled to the affecti...

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SHAKTI NATH vs. ALPHA TIGER CYPRUS INVESTMENT NO. 3 LTD

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 175 SC

Arbitration and Conciliation Act, 1996

Headnote :

The Arbitration and Conciliation Act of 1996, Section 37, addresses the termination of agreements related to arbitration and the ICC Award. The appeal concerning the awarded amount for interest and penal interest has been modified by mutual consent of the parties involved, as a wise commercial decis...

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STATE OF MAHARSHTRA vs. PAN INDIA PARYATAN LIMITED

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 176 SC

Bombay Entertainments Duty Act, 1923
Societies Registration Act, 1860

Headnote :

IMPORTANTEntertainment Duty - All amusement parks are not eligible for concessional duty on any entertainment.According to the Bombay Entertainments Duty Act, 1923, Sections 3(1)(b) and 3(2), the entry into amusement parks incurs a 50% entertainment duty, specifically 7.5% under Section 3(2). For th...

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ASSISTANT ENGINEER (D1) AJMER VIDYUT VITRAN NIGAM LIMITED vs. RAHAMATULLAH KHAN ALIAS RAHAMJULLA

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 177 SC

Electricity Act, 2003
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Limitation Act, 1963
Sale of Goods Act, 1930

Headnote :

IMPORTANTThe electricity company is prohibited from taking coercive actions to disconnect electricity supply for the recovery of any additional or supplementary charges that arise after the two-year limitation period has expired.A. According to Section 56(2) of the Electricity Act, 2003, while the c...

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GELUS RAM SAHU vs. DR. SURENDRA KUMAR SINGH

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 178 SC

Headnote :

The Chhattisgarh Technical Education (Teaching cadre-Polytechnic) (Gazetted) Service Recruitment Rules, 2014, specifically Rules 14 and 15, outline the pay scales, service conditions, and qualifications for teachers and other academic staff in technical institutions (Diploma) as per the 2010 Regulat...

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HIRA LAL vs. STATE OF BIHAR

Judgement Date : 18 Feb 2020

Citation : 2020 Latest Caselaw 179 SC

Government of India Act, 1935

Headnote :

IMPORTANTThe right to receive a pension is a property right and cannot be revoked by mere administrative orders.According to Article 300A of the Constitution of India, 1950, and Rule 43(b) of the Bihar Pension Rules 1950, the withholding of pension due to criminal proceedings against an employee is...

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SANJEEV KAPOOR vs. CHANDANA KAPOOR

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 180 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 127. Alteration in allowance
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 62. Summons how served
Indian Majority Act, 1875
Majority Act, 1875

Headnote :

IMPORTANTThe Magistrate has the authority to revoke or modify his order under Section 125 of the Cr.P.C.A. Under the Criminal Procedure Code of 1973, Sections 125 and 362, maintenance is a continuous obligation enforced by Section 125 Cr.P.C. - Once the court issues a judgment or final order, it doe...

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SURESH CHAND vs. SURESH CHANDER

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 181 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A. Under Section 100 of the Civil Procedure Code, 1908, and Sections 4, 5(1)(c), and 6(1)(ii) of the Rajasthan Pre-emption Act, 1966, a joint owner who possesses a courtyard has the right of pre-emption. This right allows them to preferentially acquire property by replacing the original buyer. The t...

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VITHALDAS JAGANNATH KHATRI vs. STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 182 SC

Code of Civil Procedure, 1908 (CPC)
Maharashtra Land Revenue Code, 1966
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974
Pepsu Tenancy and Agricultural Lands Act, 1955
Pepsu Tenancy and Agricultural Lands Act, 1955

Jugal Kishore Vs. State of Maharashtra & Ors [1988] INSC 301 (26 September 1988)
Gurdit Singh & Ors Vs. State of Punjab & Ors [1974] INSC 90 (10 April 1974)

Headnote :

IMPORTANTIf a transfer or partition occurred before the cutoff date specified in the Ceiling Act, the Act will not apply to include that land in the calculation of the ceiling area.According to Section 2(11) and Section 11 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, regard...

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IDOL OF SRI RENGANATHASWAMY vs. P K THOPPULAN CHETTIAR

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 183 SC

Code of Civil Procedure, 1908 (CPC)
Section 10. TPA, Condition restraining alienation.

Headnote :

CRUCIALThe primary aim of a property endowment, whether for religious purposes or for the benefit of heirs, necessitates a comprehensive review of the Deed of Settlement to ascertain the true intentions of the settlor.A. Under the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959, Sectio...

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DHEERAJ MOR vs. HON'BLE HIGH COURT OF DELHI

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 184 SC

Constitution of India
Government of India Act, 1935
Representation of the People Act, 1951

Mohan & Ors Vs. State of Uttar Pradesh [1997] INSC 626 (29 July 1997)
U.P. Public Service Commission Vs. Alpana [1994] INSC 35 (17 January 1994)
Chandramouleshwar Prasad Vs. Patna High Court & Ors [1969] INSC 272 (7 October 1969)
Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)
State of Assam Vs. Ranga Mahammad & Ors [1966] INSC 174 (21 September 1966)
The State of West Bengal Vs. Nripendra Nath Bagchi [1965] INSC 181 (10 September 1965)
Rameshwar Dayal Vs. The State of Punjab & Ors [1960] INSC 265 (5 December 1960)

Headnote :

IMPORTANTIndividuals serving in the judicial system are a distinct category compared to those eligible for appointment as District Judges after 7 years of practice as advocates.Judicial officers cannot claim eligibility for the District Judge positions that are reserved for direct recruitment from t...

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AGRA DIOCESAN TRUST ASSOCIATION vs. ANIL DAVID

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 185 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

According to Section 7(iv-A) of the Court Fees Act, 1870, regarding insufficient court fees and the cancellation of a sale deed, the plaintiff is not obligated to demonstrate or establish that the lands in question were revenue-generating or provide details of any revenue paid at the time of filing...

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SHRI PARTAP SINGH vs. SHIV RAM

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 186 SC

Indian Evidence Act, 1872

Vishwa Vijai Bharti Vs. Fakhrul Hasan & Ors [1976] INSC 137 (4 May 1976)

Headnote :

IMPORTANTThe presumption of truth associated with the record-of-rights can only be challenged if there is evidence of fraud in the entry.According to Sections 37 and 38 of the Specific Relief Act, 1963, and Section 45 of the Himachal Land Revenue Act, 1953, as well as Section 35 of the Evidence Act,...

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KERALA STATE ELECTRICITY BOARD vs. PRINCIPAL SIR SYED INSTITUTE FOR TECHNICAL STUDIES

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 187 SC

Constitution of India
Electricity Act, 2003

S.N. Mukherjee Vs. Union of India [1990] INSC 260 (28 August 1990)

Headnote :

IMPORTANTThe process of determining electricity tariffs is a quasi-legislative action - There is no obligation to provide a rationale - In establishing tariffs, it is essential to consider who is being served and the purpose of that service.It is valid to categorize Self-Financed Educational Institu...

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UNION OF INDIA vs. FEDERATION OF SELF FINANCED AYURVEDIC COLLEGES PUNJAB

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 188 SC

Dentists Act, 1948
Indian Medical Council Act, 1956
Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2018
Indian Medicine Central Council Act, 1970

Headnote :

The Indian Medical Council Act of 1970, Section 36(1), mandates that passing the NEET is necessary for admission into BAMS, BHMS, and BUMS courses. The requirement to pass NEET for entry into AYUSH undergraduate programs and the minimum percentile set by the Central Council have been upheld. It is n...

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MOTAMARRI APPANNA VEERRAJU @ MAV RAJU vs. STATE OF WEST BENGAL

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 189 SC

Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
Prevention of Corruption Act, 1988

Headnote :

CRUCIALBail applications must be resolved promptly and conclusively.According to Section 439 of the Criminal Procedure Code, 1973, a bail application submitted to the High Court in August 2018 has remained unresolved to this day, with only temporary bail orders issued intermittently. The approach ta...

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MD.YOUNUS ALI TARAFDAR vs. STATE OF WEST BENGAL

Judgement Date : 20 Feb 2020

Citation : 2020 Latest Caselaw 190 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The Indian Penal Code of 1860, specifically Sections 302 in conjunction with Section 34, and Section 201 of the Evidence Act of 1872, Section 106, pertains to murder. In this case, the evidence provided by the deceased\'s sister and a relative indicates that the deceased mentioned he was going to vi...

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LIFE INSURANCE CORPORATION OF INDIA vs. MUKESH POONAMCHAND SHAH

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 191 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The Life Insurance Corporation of India (Staff) Regulations 1960, specifically Regulation 39(4)(i), addresses criminal charges. An order was issued to prevent LIC from finalizing decisions based on a notice to show cause while a criminal appeal is pending. It was determined that Regulation 39(4) inc...

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NARAYAN YADAV vs. STATE OF BIHAR

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 192 SC

Headnote :

IMPORTANTBihar & Orissa Public Demands Recovery Act - No extension of time for challenging the sale of immovable property upon deposit.According to Section 28 of the Bihar & Orissa Public Demands Recovery Act, 1914, the process for challenging the sale of immovable property through a deposit...

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SITABAI SHANTARAM TALAWNEKAR vs. CUSTODIAN OF EVACUEE PROPERTY

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 193 SC

Goa, Daman and Diu Administration of Evacuee Property Act, 1964
Goa, Daman and Diu Agricultural Tenancy Act, 1964

Headnote :

The Goa, Daman and Diu Agricultural Tenancy Act of 1964, specifically Sections 7, 8A, and 56, along with Section 32 of the Goa, Daman and Diu Administration of Evacuee Property Act of 1964, were referenced in a case where the appellant asserted their status as a tenant of evacuee property under the...

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KRISHNAVENI RAI vs. PANKAJ RAI

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 194 SC

CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 482. Saving of inherent power of High Court
Hindu Marriage Act, 1955
Indian Penal Code, 1860 (IPC)
IPC Section 500. Punishment for defamation
IPC Section 506. Punishment for criminal intimidation
Protection of Women From Domestic Violence Act, 2005

Lila Gupta Vs. Laxmi Narain & Ors [1978] INSC 103 (4 May 1978)

Headnote :

IMPORTANTHindu Marriage Act - A marriage entered into while an appeal against a decree is pending is not considered void from the beginning, especially if the appeal is filed after the limitation period has expired.Criminal Procedure Code, 1973 Sections 125; Hindu Marriage Act, 1955 Sections 5, 11,...

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RAJENDRA K. BHUTTA vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY

Judgement Date : 19 Feb 2020

Citation : 2020 Latest Caselaw 195 SC

Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947
ccc
Coal Mines (Conservation, Safety and Development) Act, 1952
Coking Coal Mines (Nationalisation) Act, 1972
Competition Act, 2002
Constitution of India
East Punjab Urban Rent Restriction Act, 1949
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Kerala Buildings (Lease and Rent Control) Act, 1965
Maharashtra Apartment Ownership Act, 1970
Maharashtra Housing and Area Development Act, 1976
Mines Act, 1952
Representation of the People Act, 1951

Ram Dass Vs. Davinder [2004] Insc 195 (24 March 2004)
The Member, Board of Revenue Vs. Arthur Paul Benthall [1955] INSC 51 (4 October 1955)

Headnote :

A. The Insolvency and Bankruptcy Code, 2016, Section 14(1)(d), along with Sections 76 and 79 of the Maharashtra Housing and Area Development Act, 1976, pertains to a Tripartite Joint Development Agreement made between the Society, MHADA, and the Corporate Debtor for redevelopment purposes. A loan ag...

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M/S. ZEE TELEFILMS LTD. vs. SURESH PRODUCTIONS

Judgement Date : 25 Feb 2020

Citation : 2020 Latest Caselaw 196 SC

Headnote :

The Limitation Act of 1963, Article 58 pertains to suits for declaration and injunction regarding limitations. In this case, the plaintiff assigned the telecasting rights of 16 films to the defendants for a duration of 9 years. Since the plaintiff had relinquished their satellite rights, they could...

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ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED vs. AXIS BANK LIMITED

Judgement Date : 26 Feb 2020

Citation : 2020 Latest Caselaw 197 SC

Banking Regulation Act, 1949
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
Indian Contract Act, 1872
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
Presidency-Towns Insolvency Act, 1909
Presidency-Towns Insolvency Act, 1909
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Section 124. Contract of indemnity defined
Section 4. TPA, Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Transfer of Property Act, 1882

N.D.P. Namboodripad Vs. Union of India & Ors [2004] Insc 282 (16 April 2004)
P. Kasilingam Vs. P.S.G. College of Technology [1981] INSC 6 (8 January 1981)

Headnote :

CRUCIALBankruptcy - A corporate debtor is said to have given preference at the relevant time only when the dual conditions outlined in subsections 2 and 4 of Section 43 are met.Bankruptcy - The rules regarding preferential transactions, aimed at nullifying certain transactions, also impact the resol...

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STATE OF PUNJAB vs. JASBIR SINGH

Judgement Date : 26 Feb 2020

Citation : 2020 Latest Caselaw 198 SC

CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
CrPC Section 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

Pritish Vs. State of Maharashtra & Ors [2001] INSC 618 (21 November 2001)

Headnote :

IMPORTANTDoes Section 340 of the Cr.P.C., 1973 require a preliminary inquiry and a chance for the potential accused to be heard before a complaint is filed under Section 195 of the Code by a Court? - This issue has been referred to a Larger Bench.Indian Penal Code, 1860 Sections 420, 467, 468, and 4...

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ARUN KUMAR GUPTA vs. STATE OF JHARKHAND

Judgement Date : 27 Feb 2020

Citation : 2020 Latest Caselaw 199 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The Constitution of India, 1950, Article 235, along with the Jharkhand Service Code, 2001, Rule 74(b)(ii), addresses adverse entries concerning Judicial Officers and the process of compulsory retirement. Senior judges from the High Court, who were part of the Screening Committee and Standing Committ...

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SHRI MARUTI TUKARAM BAGAWE vs. STATE OF MAHARASHTRA

Judgement Date : 27 Feb 2020

Citation : 2020 Latest Caselaw 200 SC

Headnote :

A. Pay Scale - Did the Maharashtra Administrative Tribunal make an error in upholding the Government Resolution dated 11.09.2008, which revoked the earlier Government Resolution dated 24.10.2004? - It was determined that the recruitment and promotion of Junior Clerks and Senior Clerks in the Distric...

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