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Latest Cases

(1) ISSAK NABAB SHAH Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 03-12-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 8(c) and 20(b) - Recovery of 6.300 kilogram ganja - Quantum of sentence - When the quantity/Ganja recovered from the appellant was 6.300 kilogram, which is between small quantity and commercial quantity and considering the fact that the maximum punishment for such offence is 10 years rigorous imprisonment, out of which the appellant has already undergone six years rigorous imprisonment - This Court allow the present appeal in

(2) JAYANT ETC. Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 03-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 156(3) - Mines and Minerals (Development and Regulation) Act, 1957 - Section 22 - Registration of FIR or investigation - Power of Magistrate - Magistrate can in exercise of powers under Section 156(3) of the Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be at

(3) PANKJESHWAR SHARMA AND OTHERS Vs. STATE OF JAMMU & KASHMIR AND OTHERS [SUPREME COURT OF INDIA] 03-12-2020
Constitution of India, 1950 - Article 14 - Even if in some cases appointments had been made by mistake or wrongly, that did not confer any right of appointment to another person, as Article 14 of the Constitution does not envisage negative equality and if the State had committed a mistake, it cannot be forced to perpetuate the said mistake. (See : Arup Das and Others vs. State of Assam and Others, (2012) 5 SCC 559)<

(4) INDERJIT SINGH SODHI AND OTHERS Vs. THE CHAIRMAN, PUNJAB STATE ELECTRICITY BOARD AND ANOTHER [SUPREME COURT OF INDIA] 03-12-2020
Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965 - Regulations 7(a)(i) and 9 - Time bound promotional scale - Claim of the appellants of discrimination and arbitrariness on the basis of time bound promotional scale granted to juniors is not found to be sustainable - It has been categorically admitted by the appellants that the junior persons were appointed by way of direct recruitment under Regulation 7(a)(i) as provided under Regulation 9 of the Regulations - Appell

(5) CHAMAN LAL Vs. THE STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 03-12-2020
Penal Code, 1860 (IPC) - Sections 376 and 506 - Rape - A person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited - In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness - No interference of this Court against the impugned judgment and order passed by the High Court convicting the accused is called for - Appeal dismissed.

(6) SKILL LOTTO SOLUTIONS PVT. LTD. Vs. UNION OF INDIA & OTHERS [SUPREME COURT OF INDIA] 03-12-2020
Central Goods and Services Tax Act, 2017 - Section 2(52) - Levy of 28% GST on lottery, betting and gambling - Definition of goods under Section 2(52) of the Act,2017 does not violate any constitutional provision nor it is in conflict with the definition of goods given under Article 366(12). Article 366 clause(12) as observed contains an inclusive definition and the definition given in Section 2(52) of Act, 2017 is not in conflict with definition given in Article 366(12). As noted above the Parli

(7) SUMEDH SINGH SAINI Vs. STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 03-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Section 302 - Murder - Anticipatory bail - Appellant retired in the year 2018 as Director General of Police, Punjab after 30 years of service and the alleged incident is of the year 1991 and even in the present FIR initially there was no allegation for the offence under Section 302 IPC and the allegations were only for the offences under Sections 364, 201, 344, 330, 219 and 120B of the IPC, for which there was an order

(8) NIMAY SAH Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 02-12-2020
Penal Code, 1860 (IPC) - Sections 304B and 498A - Dowry death - Appeal against conviction and sentence - No specific instance of hostile attitude or persistent demands of dowry have been pointed out by any of witnesses - Brother of deceased has admitted in his cross-examination that the deceased used to write him letters from her matrimonial place, and that, none of the letters mention any harassment on account of demand of dowry - All other independent witnesses have turned hostile and have not

(9) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS S[SUPREME COURT OF INDIA] 02-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 161 and 161(3) - Installation of CCTV cameras in police stations - State Level Oversight Committee (SLOC) and the Central Oversight Body (COB) (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV. This shall be done by large posters in E

(10) M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED Vs. THE EMPLOYEES' PROVIDENT FUND ORGANISATION AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3)(B) and 7A - Private Security Agencies (Regulation) Act, 2005 - Section 2(g) - Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act - Appellant is engaged in the specialised and expert services of providing trained and efficient security guards to its clients on payment basis - Contention t

(11) SANDEEP KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Evidence Act, 1872 - Section 113B - Penal Code, 1860 (IPC) - Section 304B - Dowry death - Acquittal - No poison has been recovered at all from the house of the appellants - There are no marks of injury at all on the deceased - Even the material (wiper) recovered, according to prosecution, and which allegedly was used to clean vomit of the deceased, did not disclose any poison - Statement of Medical Practitioner (DW2) that the deceased was having weight of 39 kilograms and weight below normal as

(12) THE STATE OF JHARKHAND AND OTHERS Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER [SUPREME COURT OF INDIA] 01-12-2020
Jharkhand Industrial Policy, 2012 - Clauses 32.10 and 35.7(b) - Bihar Electricity Duty Act 1948 - Section 9 - Whether the respondent is entitled to claim a rebate or deduction of 50 per cent of the amount assessed towards electricity duty for FYs 2011-12, 2012-13 and 2013-14 - Rebate/deduction on electricity duty for a period of five years from the commencement of production - Respondent commenced production on 17 August 2011 - Respondent would not be entitled to a rebate/deduction for FY 2011-1

(13) S.D. CONTAINERS INDORE Vs. M/S. MOLD TEK PACKAGING LTD. [SUPREME COURT OF INDIA] 01-12-2020
Design Act, 2000 - Sections 19 and 22(4) - Revocation/Cancellation of Registration - Transfer of suit - Any application for cancellation of registration under Section 19 could be filed only before the Controller and not to the High Court - Therefore, in these circumstances, it was held that the High Court would be entitled to assume jurisdiction only in appeal - It was not a case of suit for infringement in which the defendant has raised a plea of revocation of registration which is required to

(14) GAJENDRA SHARMA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-11-2020
RBI Loan moratorium - Scheme for grant of ex-gratia payment of difference between compound interest and simple interest for six months to borrowers in specified loan accounts (1.3.2020 to 31.8.2020) - It is submitted that as a follow-up towards the implementation of the Scheme, the nodal agency, i.e. State Bank of India, has informed that as on 13.11.2020, as per provisional, unaudited information received so far from various lending institutions, such lending institutions have released ex-grati

(15) ARNAB MANORANJAN GOSWAMI Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-11-2020
Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 (CrPC) - Section 439 - Grant of Bail - Power of the High Court - High Court must exercise its power with caution and circumspection, cognizant of the fact that this jurisdiction is not a ready substitute for recourse to the remedy of bail under Section 439 of the CrPC - Petition before the High Court was instituted under Article 226 of the Constitution and Section 482 of the CrPC - While dealing with the petition under sec

(16) DR. PRERIT SHARMA AND OTHERS Vs. DR. BILU B.S. & ORS. [SUPREME COURT OF INDIA] 27-11-2020
Admission - Super Specialty Medical Courses - Reservation - This Court direct that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021 - This Court reiterate that the above direction would be operative only for the current academic year i.e. 2020-2021 - List the Appeals and the Writ Petition for hearin

(17) MADRAS BAR ASSOCIATION Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-11-2020
Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020 - Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals - Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill same criteria as advocates

(18) INDIAN COMMODITY EXCHANGE LIMITED Vs. NEPTUNE OVERSEAS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 27-11-2020
- A lot of noise but no music! The present case is a classic one where multiple proceedings have been initiated but have resulted in no culmination over a period just short of a decade. And this is not so because of any interdicts from the courts in preventing these legal proceedings, yet the proceedings have hardly moved. The result is that the culpability of the first two respondents herein has not been determined - thus, a cloud hangs over their conduct and that is all

(19) SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 26-11-2020
Penal Code, 1860 (IPC) - Sections 34, 471, 468, 467, 420, 419 and 406 - Quashing of FIR - Cheat devices (emissions) installed in vehicles - Power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint

(20) MANOHAR LAL JAT AND OTHERS ETC Vs. THE STATE OF RAJASTHAN AND OTHERS ETC [SUPREME COURT OF INDIA] 26-11-2020
Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975 - Rules 27 and 27(2) - Seniority - Direct recruits - Seniority of the promotees given on the basis of their dates of appointment - Seniority is determined on the basis of date of appointment ("shall be fixed from the date of their appointment"). Proviso (2) lists out two rules. The first is that those selected and appointed through a prior selection would rank senior to those selected and appointed through a later selec