Caselaw | Supreme Court Judgements of 2020

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M.S.BHAVANI vs. M.S.RAGHU NANDAN

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 251 SC

Headnote :

Self-acquired property - Sale deed - Validity - Did the right granted to the mother have an absolute nature? - A dispute has arisen between a sister and brother regarding the property in question - The right granted to the mother under the Will was indeed an absolute right - The language of the Will...

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UCO BANK vs. NATIONAL TEXTILE CORPORATION LTD.

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 252 SC

Textile Undertakings (Nationalisation) Act, 1995

Headnote :

The Textile Undertakings (Nationalisation) Act, 1995, Sections 4 and 20 - Management takeover - Responsibility for outstanding payments - Jurisdiction - Management of the textile mill was taken over by the NTC - At the time of nationalisation, the mills had a credit facility with the appellant Bank...

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PHARMACY COUNCIL OF INDIA vs. DR.S.K.TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 253 SC

Architects Act, 1972
Bachelor of Pharmacy (Practice) Regulations, 2014
Education Regulations, 1991
Pharmacy Act, 1948
Pharmacy Practice Regulations, 2015

Nasiruddin & Ors Vs. Sita Ram Agarwal [2003] INSC 28 (28 January 2003)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [2002] INSC 455 (31 October 2002)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [2002] INSC495 (25 November 2002)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [1996] INSC 935 (9 August 1996)
T.M.A. Pai Foundation Vs. State of Karnataka [1994] INSC 220 (5 April 1994)
T.M.A. Pai Foundation & Ors Vs. State of Karnataka & Ors [1994] INSC 323 (13 May 1994)
Ajeet Singh Singhvi Vs. State of Rajasthan & Ors [1991] INSC 56 (20 February 1991)
Ajoy Kumar Banerjee & Ors Vs. Union of India & Ors [1984] INSC 63 (21 March 1984)

Headnote :

CRUCIALThe Pharmacy Act takes precedence over the All India Council for Technical Education Act regarding the recognition of pharmacy degrees and diplomas.A. According to Section 2(g) of the All India Council for Technical Education Act, 1987, and Sections 10 and 12 of the Pharmacy Act, 1948, the Ph...

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SUBORNO BOSE vs. ENFORCEMENT DIRECTORATE AND ANR

Judgement Date : 05 Mar 2020

Citation : 2020 Latest Caselaw 254 SC

Headnote :

The Foreign Exchange Management Act of 1999, specifically Section 10(6) in conjunction with Sections 46, 47, and 16(3), addresses violations by the previous management of a company. The Deputy Director of the Enforcement Directorate, acting as the adjudicating authority, has initiated complaint proc...

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SADHNA CHAUDHARY vs. STATE OF UTTAR PRADESH

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 255 SC

Judicial Officers Protection Act, 1850
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

IMPORTANTDismissal from service - Judges are not accountable for the outcomes or consequences of their rulings.According to Article 133 of the Constitution of India, 1950, regarding judgments in land acquisition cases - the initiation of disciplinary action leading to dismissal from the Uttar Prades...

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COMMISSIONER OF CENTRAL EXCISE, NAGPUR vs. M/S UNIVERSAL FERRO & ALLIED CHEMICALS LTD.

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 256 SC

Central Excise Act, 1944
Customs Act, 1962
Customs Tariff Act, 1975
Sale of Goods Act, 1930

State of Bihar & Ors Vs. Bihar Distillery Ltd. [1996] INSC 1546 (3 December 1996)
Sultana Begum Vs. Prem Chand Jain [1996] INSC 1580 (10 December 1996)
M. Karunanidhi Vs. Union of India [1979] INSC 45 (20 February 1979)

Headnote :

IMPORTANTThe terms `sale\' and `purchase\' as defined under the Central Excise Act encompass the transfer of possession of goods in exchange for valuable consideration.Goods produced and manufactured by an Export Oriented Unit (EOU) entirely from raw materials sourced in India do not require permiss...

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M/S CONNECTWELL INDUSTRIES PVT.LTD. VS. UNION OF INDIA THROUGH THE MINISTRY OF FINANCE

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 257 SC

Income Tax Act, 1961

Headnote :

The Income Tax Act of 1961, specifically Schedule II, Rules 2 and 16, addresses the purchase of property at auction sales and the attachment of property for the recovery of debts. In this case, the sale of property was conducted following an order from the Debt Recovery Tribunal (DRT) concerning a p...

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M.VANAJA vs. M.SARLA DEVI

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 258 SC

Headnote :

IMPORTANTHindu Adoptions and Maintenance Act - An adoption is not valid unless it is conducted with the consent of the wife and includes an actual adoption ceremony.A. Under the Hindu Adoptions and Maintenance Act, 1956, specifically Sections 7 and 11(6), a suit for declaration and partition by an a...

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INDIAN SOCIAL ACTION FORUM vs. UNION OF INDIA

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 259 SC

Constitution of India
Foreign Contribution (Regulation) Act, 2010
Protection of Human Rights Act, 1993

Headnote :

IMPORTANTAccording to the Foreign Contribution (Regulation) Act, organizations that support public causes without political objectives cannot be classified as political organizations and are therefore not prohibited from receiving foreign contributions.The Constitution of India, 1950, Articles 14, 1...

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M/S NANDAN BIOMATRIX LTD. vs. S.AMBIKA DEVI

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 260 SC

Seeds Act, 1966

Headnote :

IMPORTANTConsumer Protection - A farmer qualifies as a \"consumer\" under Section 2(d) of the 1986 Act due to the nature of the transaction involving resale or being for a commercial purpose.According to Section 2(d) of the Consumer Protection Act, 1986 - Dismissal of complaint - Is the complainant/...

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FOOD CORPORATION OF INDIA vs. M/s. V.K. Traders

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 261 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

Blacklisted rice mills - Allocation of paddy - New lessees have taken over blacklisted rice mills, but reliance on the lease agreements purportedly made between the defaulting rice millers and these new entities is misplaced, as they do not meet the statutory requirements outlined in section 17(1)(d...

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POONAM DEVI vs. ORIENTAL INSURANCE CO. LTD.

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 262 SC

Headnote :

IMPORTANTWorkmen\'s Compensation - The concept of notional extension - Safe travel is to be regarded as a part of employment through the application of the notional employment theory.According to Section 4A(3)(b) of the Workmen\'s Compensation Act, 1923 - Compensation with interest from the date of...

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INDORE DEVELOPMENT AUTHORITY vs. MANOHARLAL

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 263 SC

Bombay Municipal Corporation Act, 1888
Central Excises and Salt Act, 1944
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
General Clauses Act, 1897
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Mohan Lal Vs. State of Rajasthan [April 17, 2015]
Ram Kishan & Ors Vs. State of Haryana & Ors [November 27, 2014]
Tika Ram & Ors Vs. State of U.P. & Ors [2009] INSC 1559 (9 September 2009)
Chandrika Prasad Yadav Vs. State of Bihar & Ors [2004] Insc 222 (5 April 2004)
Zile Singh Vs. State of Haryana & Ors [2004] Insc 619 (7 October 2004)
South Eastern Coalfields Ltd. Vs. State of M.P. & Ors [2003] INSC 404 (25 August 2003)
Urban Improvement Trust, Udaipur Vs. Bheru Lal & Ors [2002] INSC 397 (20 September 2002)
Bhavnagar University Vs. Palitana Sugar Mill Pvt. Ltd. & Ors [2002] INSC 511 (3 December 2002)
Mohan Lal Vs. State of Rajasthan [2002] INSC 513 (3 December 2002)
The Oriental Insurance Co. Ltd. Vs. Hansrajbhai Vs. Kodala & Ors [2001] INSC 192 (4 April 2001)
Mohammed Gazi Vs. State of M.P. & Ors [2000] INSC 171 (31 March 2000)
Samee Khan Vs. Bindu Khan [1998] INSC 446 (1 September 1998)
Tamil Nadu Housing Board Vs. A. Viswam [1996] INSC 224 (9 February 1996)
Ajay Krishan Shinghal Vs. Union of India & Ors [1996] INSC 893 (6 August 1996)
Gian Chand Vs. Gopala & Ors [1995] INSC 66 (18 January 1995)
K.S. Paripoornan Vs. State of Kerala [1994] INSC 469 (12 September 1994)
Ismail Faruqui Vs. Union of India [1994] INSC 547 (24 October 1994)
Union of India & Ors Vs. Filip Tiago De Gama of Vedem Vasco De Gama [1989] INSC 367 (30 November 1989)
Madhu Gopal Vs. Vi Additional District Judge & Ors [1988] INSC 300 (26 September 1988)
Motiram Ghelabhai Vs. Jagan Nagar & Ors [1985] INSC 41 (28 February 1985)
State of West Bengal & Ors Vs. Swapan Kumar Guha & Ors [1982] INSC 13 (2 February 1982)
Sunil Kumar Banerjee Vs. State of West Bengal & Ors [1980] INSC 52 (26 March 1980)
State of Rajasthan Vs. Leela Jain [1964] INSC 195 (16 September 1964)

Headnote :

IMPORTANTAcquisition proceedings initiated under the Land Acquisition Act of 1894 will not be considered lapsed under Section 24(2) of the 2013 Act if compensation has been deposited in the treasury instead of the court.The term \"or\" used in Section 24(2) between possession and compensation should...

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GAURI ROHAN BEDEKAR vs. SUJATA SANJAY BEDEKAR

Judgement Date : 06 Mar 2020

Citation : 2020 Latest Caselaw 264 SC

Headnote :

The Criminal Procedure Code, Section 188 - Approval for prosecution - The Central Government can grant approval under Section 188 even after the offence has been acknowledged - There is no requirement to halt further investigation into the FIR.

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HINDUSTAN CONSTRUCTION COMPANY LTD vs. NHPC LTD

Judgement Date : 04 Mar 2020

Citation : 2020 Latest Caselaw 265 SC

Headnote :

IMPORTANTArbitration - Once the seat of arbitration is established, that clause becomes an exclusive jurisdiction clause.According to Sections 34 and 42 of the Arbitration and Conciliation Act, 1996, a transfer petition for setting aside an award indicates that once the seat of arbitration is design...

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JOINT LABOUR COMMISSIONER AND REGISTERING OFFICER vs. KESAR LAL

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 266 SC

Building and Other Construction Workers Welfare Cess Act, 1996
Consumer Protection Laws

Bihar School Examination Board Vs. Suresh Prasad Sinha [2009] INSC 1533 (4 September 2009)
Lucknow Development Authority Vs. M.K. Gupta [1993] INSC 483 (5 November 1993)

Headnote :

IMPORTANTConstruction workers who are beneficiaries of the Scheme are considered \"consumers\".According to the Building and Other Construction Workers\' (Regulation of Employment and Conditions of Service) Act, 1996, specifically Sections 2(b), 12, and 24, as well as Section 2(d) of the Consumer Pr...

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BANK OF BARODA vs. KOTAK MAHINDRA BANK LTD.

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 267 SC

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

Headnote :

IMPORTANTSection 44A of the CPC allows the Court to execute a decree by stipulating that the same procedures used for executing Indian decrees should be followed; however, it does not specify a limitation period for filing such execution petitions.The limitation period for executing a decree issued...

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BENGALURU DEVELOPMENT AUTHORITY vs. MR. SUDHAKAR HEGDE

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 268 SC

Environment (Protection) Rules, 1986
Environment (Protection) Rules, 1986
Forest (Conservation) Act, 1980
Right to Information Act, 2005
Wild Life (Protection) Act, 1972

V. V [2001] INSC552 (18 October 2001)

Headnote :

A. Under Section 3(2) of the Environment Protection Act, 1986, and Section 19(1) of the Bangalore Development Authority Act, the construction of a road requires environmental clearance. The Ministry of Environment and Forests (MoEF) issued a notification on January 27, 1994, which imposed restrictio...

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AARIFABEN YUNUSBHAI PATEL vs. MUKUL THAKOREBHAI AMIN

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 269 SC

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

Headnote :

The Civil Procedure Code of 1908, Order 21 Rule 90, in conjunction with Section 14 of the Limitation Act of 1963, states that the time spent by an applicant pursuing other civil proceedings with due diligence may be excluded from the limitation period if those proceedings were conducted in good fait...

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PALANIAMMAL vs. KAMALAKANNAN

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 270 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Civil Procedure Code of 1908, Section 66(1) pertains to the auction of property. In this case, the property was auctioned due to a mortgage taken out by the owner, who was significantly in debt to multiple creditors, including one individual referred to as N. The owner did not contest the court\...

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COUNCIL OF ARCHITECTURE vs. MR. MUKESH GOYAL

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 271 SC

Advocates Act, 1961
Architects Act, 1972
Constitution of India
Indian Medical Council Act, 1956

Headnote :

IMPORTANTArchitects Act - There is no restriction on individuals not registered with the Council of Architecture using the title \"Architect\".Architects Act - The titles \"Architect\", \"Associate Architect\", or any similar designation that includes the term \"Architect\" cannot be used by anyone...

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SUBODH KUMAR vs. COMMISSIONER OF POLICE

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 272 SC

Corrigendum
Delhi Police (Appointment & Recruitment) Rules, 1980

Headnote :

IMPORTANTRecruitment and Promotion - The ineligibility to participate in the 10% portion of the 50% quota reserved for direct recruitment from serving personnel (constables, head constables, and ASIs) does not violate Articles 14 and 16 of the Constitution.According to the Constitution of India, 195...

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BHARAT PETROLEUM CORP.LTD. vs. ANIL PADEGAONKAR

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 273 SC

Headnote :

Bharat Petroleum Limited\'s Conduct, Discipline and Appeal Rules for Management Staff, 1976, specifically Rule 3(e), (g), and (h), along with Clause 6 and 10, Part III-A and Part III-B(2)(f) â€“ Regarding dismissal from service â€“ Reinstatement was sought on the grounds that the Functional General...

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UNION OF INDIA vs. LD CDR ANNIE NAGARAJA

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 274 SC

Army Act, 1950
Army Rules, 1954
Navy Act, 1957

Headnote :

IMPORTANTWomen who are appointed as Short Service Commissioned Officers in the Indian Navy are eligible for Permanent Commission.A. According to Section 9 (2) of the Navy Act, 1957 - Women Short Service Commissioned Officers - Grant of Permanent Commission - On 9 October 1991, the Union Government i...

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M/S ASVA POWER SYSTEMS INDIA PVT. LTD. vs. COMMISSIONER, DIRECTORATE OF LOGISTICS

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 275 SC

Headnote :

Tender - Interim relief - The order issued in SLP (Civil) No. 5472 of 2020 shall be considered as an order applicable to the current petition as well - Interim relief has been granted.

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SAJAN vs. STATE OF MAHARASHTRA

Judgement Date : 17 Mar 2020

Citation : 2020 Latest Caselaw 276 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A. Under the Land Acquisition Act of 1894, specifically Sections 4 and 18, regarding land acquisition, a 40% deduction for development costs was deemed excessive. The general rule allows for a one-third deduction for development; however, since the land was acquired for the Hiwra Dam project, much o...

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RAJASTHAN HIGH COURT vs. VED PRIYA

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 277 SC

Rajasthan Judicial Service Rules, 1955

Headnote :

IMPORTANTJudicial Service - A probationer is not protected under Article 311 of the Constitution - A consistent rating of `Good\' in the probationer\'s ACR does not provide grounds for granting him the right to remain in service - It is also essential to analyze non-quantifiable factors.A. Constitut...

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MANAGING COMMITTEE BHERAMARI A.M. HIGH MADRASAH vs. STATE OF WEST BENGAL

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 278 SC

Headnote :

According to the Management of Recognised Non-Government Madrasahs (Aided and Unaided) Rules, 2002, specifically Rule 5(11) and 8, if the Head of a Madrasah does not convene a meeting to approve the election program for the formation or reformation of the Committee, the District Inspector of Schools...

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BHARAT COKING COAL LTD. vs. AMR DEV PRABHA

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 279 SC

Tata Cellular Vs. Union of India [1994] INSC 401 (26 July 1994)

Headnote :

CRUCIALThe judicial interpretation of commercial contracts is fundamentally different from the interpretation of statutes.A. Constitution of India, 1950 Article 14 - Cancellation of Tender - The Notice Inviting Tender issued by the appellant for the hiring of HEMM for overburden removal, coal extrac...

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EX-GUNNER VIRENDER PRASAD vs. UNION OF INDIA

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 280 SC

Army Act, 1950

Gopal Singh Vs. State of Uttarakhand [february 08, 2013]

Headnote :

A. Under the Criminal Procedure Code of 1973, Section 433A, and the Army Act of 1950, Section 69, regarding the civil offense of murder and sentencing with remission: The appellant, who was stationed in the Kashmir region, committed the murder of a fellow soldier. Following the incident, he exited h...

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BHAGWAN SINGH vs. STATE OF UTTARAKHAND

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 281 SC

Indian Penal Code, 1860 (IPC)
IPC Section 2. Punishment of offences committed within India
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 307. Attempt to murder
IPC Section 308. Attempt to commit culpable homicide

Headnote :

The Indian Penal Code of 1860, specifically Sections 300 and 304 Part II, addresses culpable homicide and the conviction related to it. During his son\'s wedding, the appellant discharged a licensed firearm towards the ceiling, resulting in injuries to five individuals, two of whom died and one sust...

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JEETENDRA vs. STATE OF MADHYA PRADESH

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 282 SC

Indian Penal Code, 1860 (IPC)
IPC Section 506. Punishment for criminal intimidation

Headnote :

IMPORTANTBail cannot be denied solely because the closure report has not yet been accepted.According to Section 439 of the Criminal Procedure Code, 1973, the rejection of a bail application is under appeal. The case against the accused appellant involves the submission of a forged document of reside...

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WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. vs. M/S. SONA PROMOTERS PVT. LTD.

Judgement Date : 18 Mar 2020

Citation : 2020 Latest Caselaw 283 SC

Transfer of Property Act, 1882
West Bengal Apartment Ownership Act, 1972
West Bengal Government Premises (Tenancy Regulation) Act, 1976

Headnote :

A. According to Section 2(b) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976, the West Bengal Small Industries Development Corporation, which was established to allocate industrial plots at reduced rates for factory setup, qualifies as a corporation. This corporation is registe...

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GURCHARAN SINGH vs. ANGREZ KAUR

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 284 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Transfer of Property Act, 1882

Bhoop Singh Vs. Ram Singh Major & Ors [1995] INSC 483 (11 September 1995)

Headnote :

A. Under Section 17 of the Registration Act, 1908, a decree that establishes rights in property does not require registration. The defendants acquired rights, title, and interest in the disputed property through a decree from a previous lawsuit involving the original owner and the defendants. In tha...

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RAJASTHAN STATE ELECTRICITY BOARD JAIPUR vs. THE DY. COMMISSIONER OF INCOME TAX (ASSESSMENT)

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 285 SC

Income Tax Act, 1961

Headnote :

IMPORTANTDemand for additional tax - The responsibility to prove that the taxpayer attempted to evade tax lies with the Revenue, which must establish the relevant facts and circumstances.According to Section 143(1-A) of the Income Tax Act, 1961, the demand for additional tax can only be applied when...

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STATE OF UTTAR PRADESH vs. VIJAY SHANKAR DUBEY

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 286 SC

Headnote :

IMPORTANTRevised Pay Scale - When a benefit is introduced for the first time for a specific group of employees, the State has the authority to establish a reasonable cut-off date. It is not mandatory for the State to apply the benefit retroactively from the date of the Fifth Pay Commission\'s recomm...

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DHANPAT vs. SHEO RAM

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 287 SC

Hindu Succession Act, 1956
Indian Evidence Act, 1872
Indian Succession Act, 1925
Punjab Courts Act, 1918
Punjab Courts Act, 1918

Headnote :

A. According to Section 63 of the Succession Act, 1925, and Sections 65(c) and 68 of the Evidence Act, 1872, regarding the execution of a Will, secondary evidence is permissible when the original Will is in the possession of a beneficiary and is claimed to be lost. In this case, the Will dates back...

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RAM CHANDRA PRASAD SINGH vs. SHARAD YADAV

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 288 SC

Constitution of India

Ravi S. Naik Vs. Union of India [1994] INSC 102 (9 February 1994)

Headnote :

The Constitution of India, 1950, Article 102(2) in conjunction with paragraph 6 of the Tenth Schedule addresses the disqualification of a Member of Parliament (Rajya Sabha) and the declaration of a seat as vacant by the Chairman of the Rajya Sabha. The High Court\'s refusal to allow the submission o...

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SHYAM SAHNI vs. ARJUN PRAKASH

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 289 SC

David Jude Vs. Hannah Grace Jude & Ors [2003] INSC 330 (30 July 2003)

Headnote :

CRUCIALTo guarantee the attendance of parties in contempt proceedings, the Court has the authority to issue suitable orders, which may include the surrender of passports.According to the Civil Procedure Code of 1908, Order 39, Rule 2A, and the Contempt of Courts Act of 1971, Sections 10 and 12, fail...

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NAND RAM vs. JAGDISH PRASAD

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 290 SC

Kerala Land Conservancy Act, 1957
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Limitation Act, 1963
Section 116. TPA, Effect of holding over.
Transfer of Property Act, 1882

Headnote :

CRUCIALThe lessee remains responsible to the lessor until possession is formally returned to the lessor. The lessee\'s ongoing possession indicates their assertion that the tenancy, in any form, is still in effect.A. Under the Land Acquisition Act, 1894, Section 30, and the Civil Procedure Code, 190...

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AKSHAY KUMAR SINGH vs. UNION OF INDIA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 291 SC

Constitution of India
CrPC Section 433. Power to commute sentence

Mukesh Kumar Vs. Union of India & Ors [2007] Insc 897 (5 September 2007)
Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

A. Under Articles 32 and 72 of the Constitution of India, 1950, the President\'s rejection of a mercy petition from a co-accused in the Nirbhaya Gang Rape case demonstrates that the scope for judicial review of the President\'s decision is quite limited. There is no indication of the President faili...

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B.K. PAVITHRA vs. UNION OF INDIA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 292 SC

Delhi Administration Vs. Gurdip Singh Uban & Ors [1999] INSC 288 (20 August 1999)

Headnote :

IMPORTANTKarnataka Reservations Act, 2018 - Miscellaneous applications contesting the Constitutional validity are not permissible - Applicants are instructed to seek a substantive remedy for contesting the actions taken by the State government in separate proceedings.Constitution of India, 1950 Arti...

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BENEDICT DENIS KINNY vs. TULIP BRIAN MIRANDA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 293 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste
Mumbai Municipal Corporation Act, 1888
Prevention of Corruption Act, 1988
Representation of the People Act, 1951

Election Commission of India Through Secretary Vs. Ashok Kumar & Ors [2000] INSC 459 (30 August 2000)
L. Chandra Kumar Vs. The Union of India & Ors [1994] INSC 630 (2 December 1994)
L. Chandra Kumar Vs. Union of India & Ors [1994] INSC 633 (2 December 1994)

Headnote :

NOTICEThe High Court has the authority to issue interim orders in its writ jurisdiction to preserve the status quo, ensuring that the relief sought in the writ petition does not become ineffective by the time a final decision is reached.A. Under Section 5B of the Mumbai Municipal Corporation Act, 18...

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MUKESH vs. STATE OF NCT OF DELHI

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 294 SC

Constitution of India

Headnote :

Article 32 of the Constitution of India, 1950 - Conviction - The petitioner argued that the evidence was not properly considered. However, the petitioner was given ample opportunity, and after reviewing the evidence, the conviction was confirmed by the High Court on appeal. The criminal appeal prese...

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FOOD CORPORATION OF INDIA vs. BRIHANMUMBAI MAHANAGAR PALIKA

Judgement Date : 19 Mar 2020

Citation : 2020 Latest Caselaw 295 SC

Constitution of India
Food Corporations Act, 1964
Government of India Act, 1935
Gujarat Municipalities Act, 1963
Mumbai Municipal Corporation Act, 1888

Headnote :

The Constitution of India, 1950, Article 285, along with the Mumbai Municipal Corporation Act, 1888, Sections 144(2) and 146, addresses property tax exemptions. The Government of Bombay acquired land for the Government of India before 1964, on which the Government of India built warehouses for food...

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M. SUBRAMANIAM vs. S. JANAKI

Judgement Date : 20 Mar 2020

Citation : 2020 Latest Caselaw 296 SC

Constitution of India
CrPC Section 154. Information in cognizable cases
Indian Penal Code, 1860 (IPC)

Dilawar Singh Vs. State of Delhi [2007] Insc 895 (5 September 2007)

Headnote :

IMPORTANTFor filing a First Information Report - An aggrieved individual should not approach the High Court, but instead should seek relief from the relevant Magistrate under section 156(3) of the CrPC, 1973.According to Article 136 of the Constitution of India, 1950, and Sections 154 and 156(3) of...

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PAWAN KUMAR GUPTA vs. STATE OF NCT OF DELHI

Judgement Date : 20 Mar 2020

Citation : 2020 Latest Caselaw 297 SC

Constitution of India

Mukesh Kumar Vs. Union of India & Ors [2007] Insc 897 (5 September 2007)

Headnote :

IMPORTANTMercy petition - Torture in prison is not a valid reason for judicial review of an executive order under Section 72 of the Constitution of India.According to the Constitution of India, 1950, Articles 32 and 72, and the Indian Penal Code, 1860, Section 34, the President\'s rejection of a mer...

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CHANDRAKUMAR@KALI vs. STATE OF MADHYA PRADESH

Judgement Date : 03 Mar 2020

Citation : 2020 Latest Caselaw 298 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder

Headnote :

According to Section 304 Part II of the Indian Penal Code, 1860, regarding culpable homicide and sentencing, the appellant-accused has two daughters who are of marriageable age, specifically 19 and 21 years old. The family lacks a male member to support them and care for the daughters. Taking into a...

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RAJA @ AYYAPPAN vs. STATE OF TAMIL NADU

Judgement Date : 01 Apr 2020

Citation : 2020 Latest Caselaw 299 SC

Constitution of India
CrPC Section 164. Recording of confessions and statements
Explosive Substances Act, 1908
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
Prevention of Corruption Act, 1988
Unlawful Activities (Prevention) Act, 1967

Kartar Singh & Ors Vs. State of Punjab [1996] INSC 13 (4 January 1996)
Kartar Singh Vs. State of Punjab [1994] INSC 172 (11 March 1994)
Kartar Singh Vs. State of Punjab [1961] INSC 189 (26 April 1961)
Kartar Singh & Ors Vs. The State of Punjab [1956] INSC 32 (26 April 1956)

Headnote :

A. Under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, and Section 24 of the Evidence Act, 1872, the provisions regarding confessions under the TADA Act are distinct and self-contained. Section 15(1) of the TADA Act establishes a separate framework for recording confe...

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ALEMBIC PHARMACEUTICALS LTD vs. ROHIT PRAJAPATI

Judgement Date : 01 Apr 2020

Citation : 2020 Latest Caselaw 300 SC

Constitution of India

Common Cause Vs. Union of India [MAY 13, 2015]
Common Cause Vs. Union of India [APRIL 23, 2014]
Common Cause Vs. Union of India & Ors [2003] INSC 513 (8 October 2003)

Headnote :

A. According to Section 3 of the Environment Protection Act, 1986, and the Water Act along with the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, obtaining environmental clearance (EC) is essential. Industries that have implemented additional measures, such as the in...

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