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Latest Cases

(1) AMWAY INDIA ENTERPRISES PRIVATE LIMITED Vs. RAVINDRANATH RAO SINDHIA AND ANOTHER [SUPREME COURT OF INDIA] 04-03-2021
Arbitration and Conciliation Act, 1996 - Sections 2(1)(f) and 11(6) - Appointment of arbitrator - Jurisdiction - There is no international flavour to the transaction between the parties has no legs to stand on - Indeed, an analysis of Section 2(1)(f) would show that whatever be the transaction between the parties, if it happens to be entered into between persons, at least one of whom is either a foreign national, or habitually resident in, any country other than India; or by a body corporate whi

(2) VIKAS KISHANRAO GAWALI Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 04-03-2021
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Section 12(2)(c) - Reservation of seats in respect of OBCs - Reservation for OBCs must be proportionate in the context of nature and implications of backwardness and in any case, is permissible only to the extent it does not exceed the aggregate of 50 per cent of the total seats in the local bodies reserved for SCs/STs/OBCs taken together - Provision is being read down to mean that reservation in favour of OBCs in the concerned local

(3) SACHIN KUMAR AND OTHERS Vs. DELHI SUBORDINATE SERVICE SELECTION BOARD (DSSSB) AND OTHERS [SUPREME COURT OF INDIA] 03-03-2021
Recruitment to public services - Where the recruitment to public employment stands vitiated as a consequence of systemic fraud or irregularities, the entire process becomes illegitimate.

(4) SUBODH KUMAR Vs. SHAMIM AHMED [SUPREME COURT OF INDIA] 03-03-2021
Civil Procedure Code, 1908 (CPC) - Order 9 Rule 13 - Provincial Small Cause Courts Act, 1887 - Section 17 - Setting aside of ex parte decree - Where there is a compliance of proviso to Section 17, the application filed under Order 9 Rule 13 to set aside the decree passed ex parte or for review of the judgment cannot be automatically granted - Compliance of proviso to Section 17 is a Precondition for maintainability of application under Order 9 Rule 13 - Application under Order 9 Rule 13 can be a

(5) RAHUL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 03-03-2021
Penal Code, 1860 (IPC) - Sections 302 and 34 - Arms Act, 1959 - Section 25(1B)(a) - Murder by gun shot - There is a complete chain of evidence which would lead to irresistible conclusion that the accused has committed the offence and none else - Death was due to firearm injuries and was ante mortem in nature - As per the FSL report, the country made pistol .315 bore used by the accuse for committing the murder of the deceased was found in working order and both the fired cartridges recovered fro

(6) SATPAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 03-03-2021
Penal Code, 1860 (IPC) - Section 302 - Murder by pouring kerosene oil - Dying declaration - Deceased has suffered 90 per cent injuries and was in a fit condition to make a declaration - Deceased was tortured by the accused and his family members - Merely because family members were in the hospital, the same is no ground to disbelieve the dying declaration - Conviction upheld.

(7) DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED Vs. M/S NAVIGANT TECHNOLOGIES PRIVATE LIMITED [SUPREME COURT OF INDIA] 02-03-2021
Arbitration and Conciliation Act, 1996 - Section 34(3) - Period of limitation for filing objections would have to be reckoned from the date on which the signed copy of the award was made.

(8) SHIVAJI CHINTAPPA PATIL Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 02-03-2021
Penal Code, 1860 (IPC) - Murder - Post-Mortem Report - No marks on the body which would suggest violence or struggle - In any case, the medical expert himself has not ruled out the possibility of suicidal death - Post-Mortem Report shows, that the cause of death was 'asphyxia due to hanging' - Appellant acquitted

(9) ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER [SUPREME COURT OF INDIA] 02-03-2021
Income Tax Act, 1961 - Section 195 - No TDS applicable on Indian Companies for amount Paid to Use Foreign Software - If amounts paid by resident Indian end-users/distributors to non-resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to any income taxable in India, as a result of w

(10) P. MOHANRAJ AND OTHERS Vs. M/S. SHAH BROTHERS ISPAT PRIVATE LIMITED [SUPREME COURT OF INDIA] 01-03-2021
Negotiable Instruments Act, 1881 (NI) - Sections 138 and 141 - Insolvency and Bankruptcy Code, 2016 - Sections 14 and 14(1)(a) - Proceeding under sections 138/141 - Moratorium was applicable only to corporate debtor - For the period of moratorium, since no Section 138/141 proceeding can continue or be initiated against the corporate debtor because of a statutory bar, such proceedings can be initiated or continued against the persons mentioned in Section 141(1) and (2) of the Negotiable Instrumen

(11) A. NAVINCHANDRA STEELS PRIVATE LIMITED Vs. SREI EQUIPMENT FINANCE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 01-03-2021
Companies Act, 2013 - Section 279 - Winding up proceedings - It is settled law that a secured creditor stands outside the winding up and can realise its security dehors winding up proceedings

(12) GOVERNMENT OF KERALA AND ANOTHER Vs. MOTHER SUPERIOR ADORATION CONVENT [SUPREME COURT OF INDIA] 01-03-2021
Kerala Building Tax Act, 1975 - Section 3(1)(b) - Property Tax - Exemption - Buildings owned by educational institutions for providing hostel accommodation to students and for the Religious purposes are qualify for exemption under clause (b) of Section 3(1) of the Act

(13) PUNALUR PAPER MILLS LIMITED Vs. WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 01-03-2021
Land Acquisition Act, 1894 - Sections 4 and 5A - West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 - Section 10B - Compulsory release from requisition - State was on notice from 31.03.1987, i.e., from the date of insertion of section 10B in the West Bengal Requisition Act, that the Premises would have to be released on or before 15.08.1998 - This gave the State the time of 11.5 years to act and acquire the Premises - Such acquisition could easily have been done by way

(14) M/S. CHITRALEKHA BUILDERS AND ANOTHER THROUGH ANIL G. SHAH POWER OF ATTORNEY AND HUSBAND OF THE PARTNER Vs. G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 01-03-2021
Civil Procedure Code, 1908 (CPC) - Section 96 - Appeal for original decree - Appellants were not a party to the Consent Orders - It was not open for the Court to examine the legal effect of the Consent Orders to which the appellants were not a party.

(15) KAPIL AGARWAL AND OTHERS Vs. SANJAY SHARMA AND OTHERS [SUPREME COURT OF INDIA] 01-03-2021
Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Inherent jurisdiction - When the Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed.

(16) ARCHANA RANA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 01-03-2021
. Penal Code, 1860 (IPC) - Sections 419 and 420 - Cheating - Basic essential ingredients of cheating are missing - Quashing of criminal proceedings - Having gone through the complaint/FIR and even the chargesheet, it cannot be said that the averments in the FIR and the allegations in the complaint against the appellant constitute an offence under Section 419 & 420 IPC - Whatever allegations are made for the offence with respect to inducement and/or even giving Rs. 5,00,000/- for obtaining the jo

(17) DHIRENDRA SINGH @ PAPPU Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 01-03-2021
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Merely because the weapon is not seized cannot be a ground to acquit the accused when his presence and his active participation and using firearm by him has been established and proved - Conviction upheld.

(18) ASHA JOHN DIVIANATHAN Vs. VIKRAM MALHOTRA AND OTHERS [SUPREME COURT OF INDIA] 26-02-2021
Foreign Exchange Regulation Act, 1973 - Section 31 - Transfer of property by foreigner - Condition predicated in Section 31 of the 1973 Act of obtaining "previous" general or special permission of the RBI for transfer or disposal of immovable property situated in India by sale or mortgage by a person, who is not a citizen of India, is mandatory - Without previous permission of the RBI, such a transaction is forbidden and if entered into, would be unenforceable in law.

(19) JOYDEEP MAJUMDAR Vs. BHARTI JAISWAL MAJUMDAR [SUPREME COURT OF INDIA] 26-02-2021
Hindu Marriage Act, 1955 - Section 13(1) (ia) - Dissolution of marriage - Mental cruelty by wife - Wife made several defamatory complaints to the superiors of the Husband's in Army - Court of inquiry was held by the Army authorities against the husband - Wife also making complaints to other authorities, such as, the State Commission for Women and has posted defamatory materials on other platforms - Husband suffered adverse consequences in his life and career on account of the allegations made by

(20) RAM VIJAY SINGH Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 25-02-2021
Penal Code, 1860 (IPC) - Section 302 and 34 - Murder - Postmortem report - Nature of injuries shows that hard and blunt object as well as sharp edged weapons were used to inflict injuries - Accused was armed with Lathi whereas the other convicted accused was armed with Axe - Incised wound suffered by the deceased was possible with an Axe - There are sufficient number of injuries caused by an Axe and Lathi on the person of the deceased - Accused rightly convicted