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Latest Cases

(1) SUNIL KUMAR MAITY Vs. STATE BANK OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 21-01-2022
Limitation Act, 1963 - Section 5 - Limitation Act does not apply to the institution of civil suit in the Civil Court - National Commission has grossly erred in observing in the impugned order that the complainant would be at liberty to seek remedy in the competent Civil Court and that if he chooses to bring an action in a Civil Court, he is free to file an application under Section 5 of the Limitation Act, 1963.

(2) ARUNACHALA GOUNDER (DEAD) BY LRS Vs. PONNUSAMY AND OTHERS [SUPREME COURT OF INDIA] 20-01-2022
Hindu Succession Act, 1956 - Sections 14 and 15 - If a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her.

(3) SHENBAGAM AND OTHERS Vs. KK RATHINAVEL [SUPREME COURT OF INDIA] 20-01-2022
Specific Relief Act 1963 - Sections 16 and 20 - Suit for specific performance of an agreement to sell - Relief of - Whether the plaintiff has performed or has always been "ready and willing" to perform his obligations under the contract - Held, In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assess his conduct throughout the tr

(4) THE EMPLOYEES' STATE INSURANCE CORPORATION Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-01-2022
Employees State Insurance Act, 1948 - Section 17 - Employees State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 - Dynamic Assured Career Progression Scheme (DACP Scheme) - Promotion from Assistant Professor to Associate Professor - High Court failed to notice the applicability of the ESIC Recruitment Regulations 2015 to the promotions of the Teaching Cadre in the appellant corporation -

(5) NEIL AURELIO NUNES AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-01-2022
Education - Post-Graduate Medical Courses - Reservation - All-India Quota seats in National Eligibility cum Entrance Test examination (NEET) - No prohibition in introducing reservation for socially and educationally backward classes (or the OBCs) in PG courses -

(6) BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 20-01-2022
Land Acquisition Act, 1894 - Sections 6, 11A and 16 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 - Bangalore Development Authority Act, 1976 - Section 36 - Higher compensation - Land Acquisition Act, 1894 has been incorporated into the Bangalore Development Authority Act, 1976 so far as they are applicable, the provisions of 2013 Act are not applicable for the acquisitions made under the Bangalore Development Authority

(7) SUSHIL KUMAR Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 19-01-2022
Punjab Police Rules, 1934 - Rules 13.7, 13.7(9) and 13.7(14) - Promotion - Head Constable to Superintendent of Police (SP) - Quota of outstanding performance - Whether the Inspector General of Police has power to interfere with the recommendation of the Superintendent of Police (SP) - Held, Recommendation of Departmental Promotion Committee (CDP) headed by the SP is final and that the IG has no power to review or substitute the decision is misconceived - Rule itself clarifies the position that t

(8) INDIAN OVERSEAS BANK AND OTHERS Vs. OM PRAKASH LAL SRIVASTAVA [SUPREME COURT OF INDIA] 19-01-2022
Service Law - Departmental proceedings - Dismissal from service - Fraud and manipulating of signatures of complainant - If there is no jurisdictional error or violation of natural justice or error of law apparent on the face of the record, there is no occasion for the High Court to get into the merits of the controversy as an appellate court. That too, on the aspect of an opinion formed in respect of two sets of signatures where the inquiry was held by an officer of the bank who came to an opini

(9) COMPETITION COMMISSION OF INDIA Vs. STATE OF MIZORAM AND OTHERS [SUPREME COURT OF INDIA] 19-01-2022
Competition Act, 2002 – Sections 2(u) 3 and 4 read with Section 19(1)(a) – Complaint - Element of anti-competition in tendering process of lotteries - Investigation – Jurisdiction of CCI to inquire into allegations of bid rigging, collusive bidding, and cartelisation in the tender process for appointment of selling agents and distributors for lotteries organised in the State of Mizoram

(10) RENAISSANCE HOTEL HOLDINGS INC. Vs. B. VIJAYA SAI AND OTHERS [SUPREME COURT OF INDIA] 19-01-2022
Trade Marks Act, 1999 – 29 and 30 - Infringement of the trade mark - Permanent injunction – When the trade mark of the defendant is identical with the registered trade mark of the plaintiff and that the goods or services of the defendant are identical with the goods or services covered by registered trade mark, the Court shall presume that it is likely to cause confusion on the part of the public -

(11) VETRIVEL Vs. STATE REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 19-01-2022
Penal Code, 1860 (IPC) - Section 323 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r) and 3(1)(s) - Insulting or Abusing SC-ST Person - Quantum of sentence - Appellant and his family members were insisting that the de facto complainant should vacate the shop in her possession

(12) NARENDER SINGH Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 18-01-2022
Service Law - Issuance of NOC - Appellant was appointed as a JBT Teacher in the year 2000 - Haryana Public Service Commission advertised 1647 posts of Assistant Professor (College Cadre) in the State of Haryana on 16.02.2016. Last date to submit the form online was 15.03.2016, which was extended upto 10.05.2016 - Appellant herein applied timely for the post of Assistant Professor (History) - As per the advertisement dated 16.02.2016, the candidate was required to submit a No Objection Certificat

(13) B.L. KASHYAP AND SONS LIMITED Vs. M/S JMS STEELS AND POWER CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 18-01-2022
Civil Procedure Code, 1908 (CPC) - Order 37 Rule 3 - Leave to defend - Grant of leave to defend (with or without conditions) is the ordinary rule; and denial of leave to defend is an exception - Putting it in other words, generally, the prayer for leave to defend is to be denied in such cases where the defendant has practically no defence and is unable to give out even a semblance of triable issues before the Court - Appellant has indeed raised triable issues, particularly concerning its liabil

(14) JAIBUNISHA Vs. MEHARBAN AND ANOTHER [SUPREME COURT OF INDIA] 18-01-2022
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Sections 147, 148, 452, 324, 307, 302, 504, 506 with section 34 - Murder with deadly weapons such as swords and knives - Cancellation of bail - Accused resisted arrest for a period of approximately three and a half months as they were absconding - Accused failed to surrender before the Trial Court in gross violation of the directions of the Additional District and Sessions Judge, the High Court and even this Court - Th

(15) GEETA DEVI Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 18-01-2022
Criminal Procedure Code, 1973 (CrPC) - Section 378 - Penal Code, 1860 (IPC) - Sections 354, 504, 506 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) and 3(1)(xi) - Appeal against acquittal - No re­appreciation of entire evidence by High Court - High Court has only made general observations on the deposition of the witness examined - However, there is no re­appreciation of the entire evidence in detail which exercise ought to have been made by th

(16) MAMTAZ AND OTHERS Vs. GULSUMA ALIAS KULUSUMA [SUPREME COURT OF INDIA] 18-01-2022
Civil Procedure Code, 1908 (CPC) - Section 96, Order 9 Rule 13 - Ex parte decree - High Court quashing and setting aside the judgment and decree passed by the Trial Court and remanding the matter back to the Trial Court is unsustainable

(17) MUKESH Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 18-01-2022
Penal Code, 1860 (IPC) – Section 302 and 34 – Murder – Conviction and sentence – Appeal against – There are no allegations even by eye witness that appellant had dragged the dead body and thrown it into the courtyard of the deceased - Finding recorded by the Trial Court against appellant that he also dragged the dead body and thrown into the courtyard of the deceased is not supported by any evidence - Trial Court as well as the High Court have committed a grave error in convicting appellant for

(18) ISHWARJI NAGAJI MALI Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 18-01-2022
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 302, 120(B), 114 and 304A - Motor Vehicles Act, 1988 - Sections 177, 184 and 134 - Murder of wife - For the monetary benefits accused-husband hatched a criminal conspiracy with other co-accused to kill his wife and tried to make out an accidental case – Cancellation of Bail – During the course of the investigation, it has been revealed that accused-husband took the accidental insurance policy jointly with his

(19) BHAGWANI Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 18-01-2022
Criminal Procedure Code, 1973 (CrPC) - Section 354(3) - Penal Code, 1860 (IPC) - Sections 363, 366A, 364, 346, 376D, 376A, 302 and 201 – Protection of Children from Sexual Offences Act, 2012 - Section 5(g)(m) read with Section 6 - Rape and Murder of 11 year Minor girl - Death penalty - Rehabilitation and Reformation - Appellant was aged 25 years on the date of commission of the offence and belongs to a Scheduled Tribes community, eking his livelihood by doing manual labour

(20) THE STATE OF BIHAR AND OTHERS Vs. PAWAN KUMAR AND OTHERS [SUPREME COURT OF INDIA] 18-01-2022
Environmental Clearance - Illegal sand mining activities - Necessity to curb illegal mining activities and the necessity to permit legal mining - If there is a ban on mining activities, apart from it leading to illegal sand mining, criminalization and clashes between the sand mafias, it would also cause huge loss to the public exchequer - Sand is also required for construction of public infrastructural projects as well as public and private construction activities

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