Caselaw | Supreme Court Judgements of 2020

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BHAGWAT SHARAN vs. PURUSHOTAM

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 301 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Shrinivas Krishnarao Kango Vs. Narayan Devji Kango & Ors [1954] INSC 32 (23 March 1954)

Headnote :

In the context of Hindu Undivided Family (HUF) property, the responsibility to provide evidence lies with the individual who claims the existence of an HUF. This individual must demonstrate not only the joint ownership of the property but also the joint nature of the family and their cohabitation. T...

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UNION OF INDIA vs. R THIYAGARAJAN

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 302 SC

Disaster Management (National Disaster Response Force) Rules, 2008
Disaster Management Act, 2005
Disaster Management Act, 2005
Disaster Management Act, 2005

Prasar Bharti & Ors Vs. Amarjeet Singh & Ors [2007] Insc 95 (2 February 2007)

Headnote :

The Disaster Management Act of 2005, specifically Section 44, along with the Disaster Management (National Disaster Response Force) Rules of 2008, Rule 3, pertains to the deputation allowance. The respondent, who is employed by the CISF, had entire battalions assigned to the Director General of the...

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SAI WARDHA POWER GENERATION LIMITED vs. TATA POWER COMPANY LIMITED DISTRIBUTION

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 303 SC

Electricity Act, 2003
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The Electricity Act, 2003 Section 2(72) addresses the imposition of wheeling charges. The appellant, TPC, was granted an integrated license for electricity supply. HPCL has been receiving electricity from TPC via its 22 kV distribution network since 1955. In 2005, HPCL requested TPC to provide addit...

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NEW DELHI TELEVISION LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

Judgement Date : 03 Apr 2020

Citation : 2020 Latest Caselaw 304 SC

Income Tax Act, 1961

Headnote :

A. Under Section 143 of the Income Tax Act, 1961, concerning undisclosed income and the reopening of assessments, the assessing officer is only required to form a prima facie opinion that certain income has escaped assessment when issuing a notice for reopening. The information revealed in the asses...

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IN RE GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID 19 PANDEMIC

Judgement Date : 06 Apr 2020

Citation : 2020 Latest Caselaw 305 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Article 142 - The recent COVID-19 outbreak in various countries, including India, has made it essential to implement immediate measures for social distancing to curb the spread of the virus. Utilizing the powers granted to it, the Supreme Court of India has directed...

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P. GOPINATHAN PILLAI vs. UNIVERSITY OF KERALA

Judgement Date : 08 Apr 2020

Citation : 2020 Latest Caselaw 306 SC

Kerala University Act, 1974

Headnote :

The Kerala University Act of 1974, specifically Sections 2(27) and 2(28), addresses the retirement age of a Project Officer. The appellant was appointed as a Project Officer at the Centre for Adult Continuing Education and Extension and sought a declaration that they were a Teacher of the University...

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RAMJIT SINGH KARDAM vs. SANJEEV KUMAR

Judgement Date : 08 Apr 2020

Citation : 2020 Latest Caselaw 307 SC

Constitution of India

Lila Dhar Vs. State of Rajasthan & Ors [1981] INSC 142 (19 August 1981)

Headnote :

CRUCIALIn cases where no selection criteria have been published and candidates have participated in the selection process without knowledge of these criteria, they cannot be barred from contesting the selection criteria and the entire selection process, even after their participation.A. Right to Cha...

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SHIVRAJ SINGH CHOUHAN vs. SPEAKER MADHYA PRADESH LEGISLATIVE ASSEMBLY

Judgement Date : 13 Apr 2020

Citation : 2020 Latest Caselaw 308 SC

Constitution of India

Headnote :

A. The Constitution of India, 1950, Articles 32, 174, and 175 - Madhya Pradesh Assembly Rules, Rule 276 - Political dispute - Court intervention - Twenty-two members of the INC submitted their resignations, with allegations of opposition complicity in orchestrating these resignations. The Governor r...

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STATE OF ANDHRA PRADESH vs. M/S LINDE INDIA LTD. (FORMERLY BOC INDIA LTD)

Judgement Date : 13 Apr 2020

Citation : 2020 Latest Caselaw 309 SC

Drugs and Cosmetics Act, 1940

State of Haryana Vs. Suresh [2007] Insc 686 (5 June 2007)
State of Rajasthan Vs. Babu Ram [2007] Insc 687 (5 June 2007)
State of Himachal Pradesh Vs. Pawan Kumar [2005] INSC 234 (8 April 2005)
State of Himachal Pradesh Vs. Pawan Kumar [2004] Insc 578 (27 September 2004)
Chimanlal Jagjivandas Sheth Vs. State of Maharashtra [1962] INSC 265 (26 September 1962)

Headnote :

The Drugs and Cosmetic Act of 1940, Section 3(b), and the Andhra Pradesh Value Added Tax Act of 2005, Section 3(3), pertain to the taxation of medicines. Nitrous Oxide is utilized in medical settings as a general anesthetic and in operating rooms for its pain-relieving and anxiety-reducing effects....

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RAJASTHAN STATE ROAD TRANSPORT CORPORATION LTD. vs. SMT. MOHANI DEVI

Judgement Date : 15 Apr 2020

Citation : 2020 Latest Caselaw 310 SC

Payment of Gratuity Act, 1972

Headnote :

NOTICEGratuity will be granted if employment is terminated after 5 years of continuous service, which includes resignations.A. According to the Rajasthan Civil Services Pension Rules, 1996, Rule 50 - Regarding Voluntary Retirement - If an application for voluntary retirement is not resolved and rema...

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SUSHILABEN INDRAVADAN GANDHI vs. NEW INDIA ASSURANCE COMPANY LIMITED

Judgement Date : 15 Apr 2020

Citation : 2020 Latest Caselaw 311 SC

Industrial Disputes Act, 1947
Motor Vehicles Act, 1988

United India Insurance Co. Ltd. [JULY 02, 2018]
Oriental Insurance Co. Ltd. Vs. Sony Cheriyan [1999] INSC 283 (19 August 1999)
Sumitomo Heavy Industries Ltd. Vs. Ongc Ltd. & Ors [1997] INSC 897 (4 December 1997)
Shankar Balaji Waje Vs. State of Maharashtra [1961] INSC 310 (27 October 1961)
Dharangadhara Chemical Works Ltd. Vs. State of Saurashtra [1956] INSC 74 (23 November 1956)

Headnote :

A. According to Section 2(s) of the Workmen\'s Compensation Act, 1923, there is a distinction between a contract of service and a contract for service. The key test is that in a contract for service, the master can dictate what tasks need to be completed, whereas in a contract of service, the master...

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CHANDER MOHAN NEGI vs. STATE OF HIMACHAL PRADESH

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 312 SC

Himachal Pradesh Compulsory Primary Education Act, 1997

Headnote :

The Himachal Pradesh Compulsory Primary Education Act of 1997 addresses the appointment and regularization of teachers. The Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme and the policies for Para Teachers (Lecturer School Cadre), Para Teachers (TGTs), and Para Tea...

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PRAVAKAR MALLICK vs. STATE OF ORISSA

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 313 SC

Constitution of India
Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Act, 2002
Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act, 1975

Headnote :

The Constitution of India, 1950 Article 16(4A) and the Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act, 1975, pertain to the case where the respondents, who are the writ petitioners, were appointed to the Orissa Administrative Service-II (OAS-II)...

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DR. THINGUJAM ACHOUBA SINGH vs. DR. H. NABACHANDRA SINGH

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 314 SC

Constitution of India
Societies Registration Act, 1860

Headnote :

Regulations for Minimum Qualifications of Educators in Medical Institutions under the Societies Registration Act of 1860, 1998.[Paragraph]

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SHANKAR SAKHARAM KENJALE vs. NARAYAN KRISHNA GADE

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 315 SC

Bombay Hereditary Offices Act, 1874
Bombay Land Revenue Code, 1879
Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Indian Trusts Act, 1882

Headnote :

The Transfer of Property Act, 1882, Section 60, along with Sections 3, 4, 5, and 8 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, and Section 90 of the Indian Trusts Act, 1882, addresses the mortgage of land and the right of redemption for a tenant mortgager. In this case, a Watan...

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MAYOR MUNICIPAL CORPORATION vs. GOVIND BAJIRAO NAVPUTE AND ORS.

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 316 SC

Constitution of India
Maharashtra Regional and Town Planning Act, 1966

Headnote :

The Maharashtra Regional and Town Planning Act of 1966, specifically Sections 25 and 26(1), was the basis for a petition challenging the draft development plan notified by the Municipal Corporation of Aurangabad on February 4, 2016. The petitioners argued that the plan was not created in compliance...

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ANJUMAN E SHIATE ALI vs. GULMOHAR AREA SOCIETIES WELFARE GROUP

Judgement Date : 17 Apr 2020

Citation : 2020 Latest Caselaw 317 SC

Mumbai Municipal Corporation Act, 1888

Headnote :

The Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 outline the requirements for appointing a Director at the Regional Institute of Medical Sciences (RIMS). The Ministry of Health and Family Welfare, Government of India, issued an advertisement for the direct recruitmen...

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HIRA SINGH vs. Union of India

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 318 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Rajinder Singh Vs. State of Punjab [February 26, 2015]
E. Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau [2008] INSC 415 (11 March 2008)
Reema Aggarwal Vs. Anupam & Ors [2004] Insc 22 (8 January 2004)
Directorate of Enforcement Vs. Deepak Mahajan [1994] INSC 71 (31 January 1994)
Inder Singh Vs. State of Punjab [1994] INSC 475 (15 September 1994)

Headnote :

CRUCIALWhen a mixture of Narcotic Drugs or Psychotropic Substances is seized alongside one or more neutral substances, the weight of the neutral substances must be included in the assessment of whether the quantity constitutes a \"small or commercial quantity\" of the Narcotic Drugs or Psychotropic...

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CHEBROLU LEELA PRASAD RAO vs. STATE OF A.P.

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 319 SC

Andhra Pradesh Education Act, 1982
Andhra Pradesh Panchayat Raj Act, 1994
Andhra Pradesh Reorganisation Act, 2014
Bombay Land Requisition Act, 1948
Bombay Land Requisition Act, 1948
Constitution of India
Government of India Act, 1935

S.R. Chaudhuri Vs. State of Punjab & Ors [2001] INSC 395 (17 August 2001)
State of Sikkim Vs. Surendra Prasad Sharma [1994] INSC 250 (19 April 1994)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
Edwingson Bareh Vs. State of Assam & Ors [1965] INSC 265 (29 November 1965)
Puranlal Lakhanpal Vs. The President of India & Ors [1961] INSC 129 (30 March 1961)

Headnote :

CRUCIALGranting 100% reservation to Scheduled Tribes in scheduled areas is unconstitutional; the maximum limit is 50%.A. According to Article 244, Paragraph 5(1) of the 5th Schedule of the Constitution of India, 1950, the purpose of Paragraph 5 is to create an egalitarian society and promote socio-e...

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UNION OF INDIA vs. M/S V.V.F.LTD.

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 320 SC

Zile Singh Vs. State of Haryana & Ors [2004] Insc 619 (7 October 2004)
Union of India & Ors Vs. Godfrey Philips India Ltd. [1985] INSC 219 (30 September 1985)
R.K. Garg Vs. Union of India & Ors [1981] INSC 182 (20 October 1981)

Headnote :

IMPORTANTPromissory Estoppel - The principles of promissory estoppel cannot be applied when public interest is at stake.A. Central Excise Act, 1944, Section 5A - Excise Duty - Exemption - The contested Central Excise Exemption Notification involved the government retracting incentives previously off...

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WEST U.P. SUGAR MILLS ASSOCIATION vs. STATE OF UTTAR PRADESH

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 321 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record
Prevention of Corruption Act, 1988
U.P. Sugarcane Supply and Purchase Order, 1954

The Belsund Sugar Co. Ltd. Vs. The State of Bihar & Ors [1999] INSC 256 (10 August 1999)
M. Karunanidhi Vs. Union of India [1979] INSC 45 (20 February 1979)

Headnote :

CRUCIALBoth the Central Government and the State Government possess the authority to determine the price of sugarcane.A. According to the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953, Section 16, the Essential Commodities Act, 1955 Section 3(2)(c), and the Sugarcane (Control) Order,...

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NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA vs. ALIMENTA S.A.

Judgement Date : 22 Apr 2020

Citation : 2020 Latest Caselaw 322 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Limitation Act, 1963
Section 32. Enforcement of Contracts contingent on an event happening
Section 56. Agreement to do impossible act

Headnote :

A. Under the Foreign Awards (Recognition and Enforcement) Act, 1961, specifically Sections 5 and 6, and the Indian Contract Act, 1872, Sections 32 and 56, the parties had agreed that if there was any prohibition on export or any other executive or legislative action by the Government of the country...

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YUM!RESTAURANTS (MARKET.) PVT.LTD. vs. C.I.T.,NEW DELHI

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 323 SC

Income Tax Act, 1961

Headnote :

A. Doctrine of Mutuality - Interpretation - The doctrine of mutuality is based on the fundamental principle that an individual cannot conduct business with themselves. Consequently, if the seller and buyer, or the vendor and consumer, or the contributor and participant are essentially the same entit...

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NISHA PRIYA BHATIA vs. SHASHI PRABHA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 324 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 200. Examination of complainant
Indian Penal Code, 1860 (IPC)
IPC Section 167. Public servant farming an incorrect document with intent to cause injury
IPC Section 341. Punishment for wrongful restraint.
IPC Section 44. Injury
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

Purushottam Kumar Jha Vs. State of Jharkhand & Ors [2006] Insc 224 (24 April 2006)
D.V. Kapoor Vs. Union of India & Ors [1990] INSC 224 (7 August 1990)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
State of Rajasthan Vs. Leela Jain [1964] INSC 195 (16 September 1964)

Headnote :

A. The Research and Analysis Wing (Recruitment, Cadre and Services) Rules, 1975, Rule 135 addresses the exposure of an intelligence officer\'s identity and the implications of compulsory retirement. The R&AW is involved in intelligence operations that are crucial to national security. The term \"sec...

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BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. vs. STATE OF MADHYA PRADESH

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 325 SC

Headnote :

IMPORTANTThe Transit Marine Insurance Policy only covers risks related to the transportation of goods; it does not include coverage for the storage and unpacking of cargo.A. Consumer Protection Act, 1986, Section 23 - Transit Marine Insurance Policy - Deficiency in service - The respondent acquired...

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BASIR AHMED SISODIA vs. THE INCOME TAX OFFICER

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 326 SC

Direct Tax Laws
Income Tax Act, 1961

Headnote :

Income Tax Act, 1961, Sections 24 and 68 - Cash credit - Deduction - The factual basis on which the Officer formed his opinion in the assessment order regarding the addition of â‚¹2,26,000 was refuted by affidavits and statements from the relevant unregistered dealers during the penalty proceedings....

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SHIVAKUMAR vs. SHARANABASAPPA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 327 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Succession Act, 1925
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

CRUCIALRemand orders should not be issued as a matter of course, as unnecessary remands only prolong litigation without advancing the cause of justice.A. Indian Succession Act, 1925, Section 63 - Evidence Act, 1872 Section 68 - Will - Proof - The principles governing the adjudication process regardi...

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ASHISH SETH vs. SUMIT MITTAL

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 328 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

The Contempt of Courts Act, 1971, Section 2(c) addresses contempt of court. Criminal proceedings were initiated against the contemnors and others involved, which were part of the subject matter in a Writ Petition (Criminal). The disputes at hand were commercial in nature. Since the controversy revol...

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UNION OF INDIA vs. U.A.E.EXCHANGE CENTRE

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 329 SC

Companies (Profits) Surtax Act, 1964
Finance Act, 2003
Income Tax Act, 1961

Headnote :

The Foreign Exchange Regulation Act of 1973, Section 29(1)(a), and the Income Tax Act of 1961, Sections 5 and 9, pertain to the status of a liaison office as a permanent establishment in India. The respondent company, incorporated in the UAE, provides remittance services to transfer funds from the U...

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ANEESH KUMAR V. S. vs. STATE OF KERALA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 330 SC

Constitution of India
Kerala High Court Act, 1958

Shankarsan Dash Vs. Union of India [1991] INSC 121 (30 April 1991)

Headnote :

NOTICEThe vacancy cannot be filled once the Rank List has expired.A. According to Section 7 of the Kerala High Court Act, 1958, a Full Bench is tasked with addressing only the issues referred to it by a Division Bench and should refrain from evaluating the merits of the case itself. However, the Ful...

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ARVIND SINGH vs. STATE OF MAHARASHTRA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 331 SC

CrPC Section 164. Recording of confessions and statements
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 363. Punishment for kidnapping
IPC Section 364A. Kidnapping for ransom, etc.
IPC Section 84. Act of a person of unsound mind

V. V [2001] INSC552 (18 October 2001)
Union of India & Ors Vs. V [2001] INSC 600 (6 November 2001)

Headnote :

CRUCIALIf the accused wishes to assert any specific fact that cannot be established from the prosecution\'s evidence, it is the responsibility of the accused to cross-examine the relevant witnesses accordingly.A. Indian Penal Code, 1860, Sections 302 and 364A in conjunction with Section 34 - Murder...

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UNION OF INDIA vs. M/S EXIDE INDUSTRIES LTD

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 332 SC

Constitution of India
Income Tax Act, 1961

Anant Mills Co. Ltd. Vs. State of Gujarat & Ors [1975] INSC 9 (21 January 1975)

Headnote :

CRUCIALWhen assessing the constitutional validity of a provision, the Court must first verify the existence of the enacting power. Once this power is confirmed, the next step is to determine whether the enacted provision infringes upon any rights protected under Part III of the Constitution.Leave en...

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FIRM RAJASTHAN UDYOG vs. HINDUSTAN ENGINEERING AND INDUSTRIES LTD.

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 333 SC

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

Headnote :

CRUCIALThe execution of an award is limited to what has been granted and cannot extend beyond that.A. Arbitration Act, 1940, Section 17 - An arbitrator\'s award determining the price of land - The viability of a suit for specific performance - An agreement was made between the parties for the sale o...

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MOHD. ASIF NASEER vs. WEST WATCH COMPANY THROUGH ITS PROPERTIER

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 334 SC

Code of Civil Procedure, 1908 (CPC)

U. Sree Vs. U. Srinivas [December 11, 2012]
Shiv Kumar Vs. State of Haryana [1994] INSC 284 (4 May 1994)

Headnote :

IMPORTANTEviction notice, when provided in writing, does not need to be sent exclusively via registered post. The key requirement is that the landlord has issued a notice to the tenant.A. According to the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, Sections 21(1)(a) and...

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SUJATA KOHLI vs. REGISTRAR GENERAL HIGH COURT OF DELHI

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 335 SC

Constitution of India
Delhi Higher Judicial Service Rules, 1970

Headnote :

A. According to Rule 27 of the Delhi Higher Judicial Service Rules, 1970, regarding grading in ACRs and eligibility for promotion, the Administrative and General Supervision Committee of the High Court determined that the position of Principal Judge of the Family Court is equivalent to that of a Dis...

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PAUL vs. T. MOHAN

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 336 SC

Chit Funds Act, 1982
Chit Funds Act, 1982
Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The Indian Chit Funds Act, 1982, Section 64(1)(A), along with the Civil Procedure Code, 1908, Order 21, Rule 89, pertains to the sale of property and the process of setting aside an auction. In this case, the respondent acted as a guarantor for a chit fund taken out by a borrower who failed to make...

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KANWAL TANUJ vs. STATE OF BIHAR

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 337 SC

Constitution of India
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law
Prevention of Corruption Act, 1988

Headnote :

A. Under the Delhi Special Police Establishment Act of 1946, Section 6, and the Indian Penal Code of 1860, Sections 120B, 420, 467, 468, and 471, as well as Section 13(1)(d) of the Prevention of Corruption Act of 1988, the CBI is conducting an investigation into significant corruption and the misapp...

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M/S TRIPOWER ENTERPRISES (PRIVATE) LIMITED vs. STATE BANK OF INDIA

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 338 SC

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

Headnote :

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) - A borrower obtained financial credit from a bank, and a guarantor provided their immovable property as collateral through a mortgage to the bank. The loan was subsequently classi...

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SK. JALALUDDIN vs. STATE OF WEST BENGAL

Judgement Date : 24 Apr 2020

Citation : 2020 Latest Caselaw 339 SC

Headnote :

According to Rule 133(1) of the West Bengal Co-operative Societies Rules, 2011, the applicants were assigned flats within the Society. However, their membership was terminated due to their failure to pay the remaining balance. This decision was communicated to them by the Registrar of Co-operative S...

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RE : VIJAY KURLE

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 340 SC

Advocates Act, 1961
Constitution of India
Contempt of Courts Act, 1971
Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975

Supreme Court Bar Association Vs. Union of India & Ors [2007] Insc 406 (13 April 2007)
Bal Thackrey Vs. Harish Pimpalkhute & Ors [2004] Insc 720 (29 November 2004)
N. Natarajan Vs. B.K. Subba Rao [2002] INSC 509 (3 December 2002)
Pallav Sheth Vs. Custodian & Ors [2001] INSC 381 (10 August 2001)
Suo Motu Contempt Petition [1996] INSC 25 (8 January 1996)
In Re: Vinay Chandra Mishra [1995] INSC 180 (10 March 1995)

Headnote :

CRUCIALThe Supreme Court\'s authority to initiate contempt proceedings is not restricted by the Contempt of Court Act; it possesses constitutional powers to address contempt issues.The only requirement for the notice to commence contempt proceedings is that a brief description of the contempt must b...

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AISHWARYA ATUL PUSALKAR vs. MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 341 SC

Constitution of India
Maharashtra Housing and Area Development Act, 1976
Protection of Women From Domestic Violence Act, 2005

Headnote :

IMPORTANTClaims for rehousing made by a wife must be resolved by a Civil Court, Family Court, or any other legally designated forum; a Writ Court is not the suitable venue for such matters.A. According to Section 18 of the Hindu Adoptions and Maintenance Act, 1956, and Section 2(s) of the Protection...

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STATE OF GUJARAT vs. MANSUKHBHAI KANJIBHAI SHAH

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 342 SC

Banking Regulation Act, 1949
CrPC Section 227. Discharge
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
Prevention of Corruption Act, 1988
University Grants Commission Act, 1956

Headnote :

IMPORTANTThe term \"University\" includes \"Deemed University\" and is subject to the Prevention of Corruption Act.A. Under the Criminal Procedure Code, 1973, Section 227, and the Prevention of Corruption Act, 1988, Sections 7, 8, 10, and 13 (1)(b) and 13(2), along with the Indian Penal Code, 1860,...

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COMMISSIONER OF CUSTOMS (PORT) KOLKATA vs. M/S. STEEL AUTHORITY OF INDIA LTD.

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 343 SC

Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

The Customs Act of 1962, Section 14, pertains to Customs Valuation, specifically the Valuation Rules for Imported Goods established in 1988, particularly Rules 4 and 9(1)(e). In this case, Steel Authority of India Ltd imported certain items and asserted that the importation involved turnkey projects...

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COMMERCIAL TAX OFFICER vs. M/S BOMBAY MACHINERY STORE

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 344 SC

Central Sales Tax Act, 1956
Sale of Goods Act, 1930

Headnote :

The Central Sales Tax Act of 1956, specifically Sections 3 and 6, along with Section 51 of the Sale of Goods Act of 1930 and the Rajasthan Sales Tax Act of 1954, state that the transfer of documents of title occurs after the goods have arrived at their destination within the state. When goods are ha...

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BIHAR STATE ELECTRICITY BOARD vs. M/S ICEBERG INDUSTRIES LTD.

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 345 SC

Electricity Act, 2003
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The Electricity Act of 2003, Section 56, addresses the disconnection of electricity due to non-payment of bills by a company. A disconnection notice was issued because the company failed to pay its electricity bill. The company, citing various business-related challenges, requested to settle its out...

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DHANPAL vs. STATE NCT OF DELHI

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 346 SC

Indian Penal Code, 1860 (IPC)

Rajkishore Purohit Vs. State of Madhya Pradesh and Others [August 1, 2017]

Headnote :

The Indian Penal Code, 1860, Section 302 in conjunction with Section 34 pertains to murder convictions. The accused individuals were alleged to have killed the victim, with all four participating in the attack. Three of the accused restrained the victim while one inflicted stab wounds to the chest,...

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STATE OF KARNATAKA vs. Y. MOIDEEN KUNHI

Judgement Date : 27 Apr 2020

Citation : 2020 Latest Caselaw 347 SC

Karnataka Land Reforms Act, 1961

Headnote :

The Karnataka Land Reforms Act of 1961, specifically Sections 79 and 104, along with the Karnataka Preservation of Trees Act of 1976, addresses the issue of land designated for plantations and the restrictions on land holdings. The lower courts determined that the lands classified as plantation were...

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CHRISTIAN MEDICAL COLLEGE VELLORE vs. UNION OF INDIA

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 348 SC

Constitution of India
Dentists Act, 1948
Gujarat University Act, 1949
Indian Medical Council Act, 1956
Postgraduate Medical Education Regulations, 2000
Regulations on Graduate Medical Education, 1997
Rights of Persons with Disabilities Act, 2016

Headnote :

IMPORTANTThe rights under Article 30 are not absolute - the NEET examination does not infringe upon the rights granted by Articles 19(1)(g) and 30 of the Constitution.According to the Constitution of India, 1950, Articles 19(1)(g), 25, 26, and 30, as well as Section 33 of the Medical Council Act, 19...

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VODAFONE IDEA LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 349 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Finance Act, 2017
Income Tax Act, 1961
Indian Evidence Act, 1872
Motor Vehicles Act, 1939
Provincial Small Cause Courts Act, 1887
Provincial Small Cause Courts Act, 1887

Headnote :

A. Under the Income Tax Act of 1961, specifically Sections 143(1D) and 241A, the issue of refunds is addressed. The assessee submitted tax returns for the assessment years 2014-15, 2015-16, 2016-17, and 2017-18, each claiming a refund. The tax department notified the assessee about the withholding o...

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QUIPPO CONSTRUCTION EQUIPMENT LTD. vs. JANARDAN NIRMAN PVT. LTD.

Judgement Date : 29 Apr 2020

Citation : 2020 Latest Caselaw 350 SC

Arbitration and Conciliation Act, 1996

Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors [2003] INSC 30 (28 January 2003)
Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors [2002] INSC 87 (20 February 2002)

Headnote :

IMPORTANTIf a party fails to appear in proceedings and the case proceeds ex parte, it forfeits its right to contest the jurisdiction of the Arbitrator after the award has been made.According to the Arbitration and Conciliation Act, 1996, specifically Sections 5, 8, and 34, regarding the jurisdiction...

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