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Latest Cases

(1) BELI RAM Vs. RAJINDER KUMAR AND ANOTHER [SUPREME COURT OF INDIA] 23-09-2020
Motor Vehicles Act, 1988 - Sections 14 and 15 - Expired Driving licence - Compensation - Liability - Insurance Company cannot be made liable in the event there was an expired licence held by the driver who was driving his employer's insured vehicle.

(2) UNION OF INDIA AND OTHERS Vs. M/S G S CHATHA RICE MILLS AND ANOTHER [SUPREME COURT OF INDIA] 23-09-2020
Customs Tariff Act 1975 - Section 8A - Customs Act 1962 - Section 15 - Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulations, 2018 - Regulation 4(2) - Customs Act, 1962 - Section 46 - Entry of goods on importation - Importers were liable to pay the duty applicable at the time when the bills of entry for home consumption - A terrorist attack took place at Pulwama on 14 February 2019. On 16 February 2019, the Union Government issued a notification under Section 8A

(3) NATIONAL ALLIANCE FOR PEOPLE'S MOVEMENTS AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 22-09-2020
Temporary release of prisoners - Petitioners herein were before the High Court by the way of Public Interest seeking that the decision of the High Powered Committee (HPC) to the extent of Clauses (iii), (iv) and (vii) of paragraph 8, decisions/minutes of HPC meeting excluding certain categories of offences provided in paragraph 5(i) and 5(ii) for the purpose of grant of interim bail and corrigendum of the Minutes of the Meeting of HPC to the extent of clarification that the class and/or category

(4) RAKESH KUMAR AGARWALLA AND ANOTHER Vs. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU AND OTHERS [SUPREME COURT OF INDIA] 21-09-2020
Constitution of India, 1950 - Article 14 - Admission in five years law course - Decision of National Law School of India University (NLSIU) hold a separate admission test by way of the National Legal Aptitude Test (NLAT) - Quashing of - Home based online examination as proposed by the respondent No.1 University for NLAT-2020-21 could not be held to be a test which was able to maintain transparency and integrity of the examination - short notice and technological requirements insisted by the Univ

(5) B. SANTOSHAMMA AND ANOTHER Vs. D. SARALA AND ANOTHER [SUPREME COURT OF INDIA] 18-09-2020
Civil Procedure Code, 1908 - Order 2, Rule 2 - Suit to include the whole claim - Plea of Bar - The plea of bar under Order 2, Rule 2 of the CPC is a technical plea which has to be pleaded and satisfactorily established. - Civil Procedure Code, 1908 - Order 2, Rule 2 - If the plea of bar under Order 2 Rule 2 is not taken, the Court should not suo moto decide the plea.

(6) SAGUFA AHMED AND OTHERS Vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LIMITED AND OTHERS [SUPREME COURT OF INDIA] 18-09-2020
Limitation Act, 1963 - Section 4 - Words "prescribed period" the expression "prescribed period" appearing in Section 4 cannot be construed to mean anything other than the period of limitation - Any period beyond the prescribed period, during which the Court or Tribunal has the discretion to allow a person to institute the proceedings, cannot be taken to be "prescribed period".

(7) PAPPU DEO YADAV Vs. NARESH KUMAR AND OTHERS [SUPREME COURT OF INDIA] 17-09-2020
Motor Vehicles Act, 1988 - Sections 166 and 140 - Accident - Rash and Negligent Driving - Disability of loss of an arm - Loss of earning capacity - Enhancement of compensation - Appellant was working as a typist/data entry operator in court premises in Delhi - High Court clearly erred in holding that compensation for loss of future prospects could not be awarded - High Court halved it to 45% on an entirely wrong application of some 'proportionate' principle (following the Pranay Sethi, (2017) 16

(8) TRUSTEES OF H.C. DHANDA TRUST Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-09-2020
Gift Deed Property - Deficiency in stamp duty on deed - Imposition of extreme penalty of ten times of deficiency of stamp duty - Reduction of - Collector has the power to require the person concerned to pay the proper duty together with a penalty amount which the Collector has to fix in consideration of all aspects involved - Restriction imposed on the Collector in imposing the penalty amount is that under no circumstances the penalty amount shall go beyond ten times the duty or the deficient po

(9) LALAN D. @ LAL AND ANOTHER Vs. THE ORIENTAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 17-09-2020
Motor Vehicle - Accident - Rash and negligent driving - Permanent disability and loss of future earning - Enhancement of compensation - Tribunal awarded total compensation of Rs. 4,00,000/- The High Court assessed the degree of disability to be reckoned as 100% for working out proper compensation and applied the multiplier of 16 considering his age - High Court erred in law in applying the multiplier of 16 instead of 17 - Compensation for Loss of Future Prospects can be awarded in Cases of Perma

(10) M/S. MSD REAL ESTATE LLP Vs. THE COLLECTOR OF STAMPS AND ANOTHER [SUPREME COURT OF INDIA] 17-09-2020
Gift Deed Property - Deficiency in stamp duty on deed - Penalty - Facility to deposit the penalty by post dated cheques cannot be approved and the appellant being subsequent purchaser was liable to deposit the amount of penalty which was outstanding against the property and which was subject matter of the gift deed.

(11) BALASORE ALLOYS LIMITED Vs. MEDIMA LLC [SUPREME COURT OF INDIA] 16-09-2020
Arbitration and Conciliation Act, 1996 - Sections 11, 11(6) and 11(12)(a) - Appointment of arbitrator - When the parties had entered into the agreement dated 31.03.2018 and there was consensus ad idem to the terms and conditions contained therein which is comprehensive and encompassing all terms of the transaction and such agreement also contains an arbitration clause which is different from the arbitration clause provided in the purchase order which is for the limited purpose of supply of the p

(12) NEETU KUMAR NAGAICH Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 16-09-2020
Penal Code, 1860 (IPC) - Section 302 - Criminal Procedure Code, 1973 (CrPC) - Sections 173 and 174 - Homicidal death - Investigation has reached a dead end without identification of the offenders - Investigation remained inconclusive for nearly three long years with the investigating agency sanguine of passing it off as an accidental death without coming to a firm conclusion avoiding to complete the investigation - This Court set aside the closure report and direct a de novo investigation by a f

(13) JUGUT RAM Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 16-09-2020
Penal Code, 1860 (IPC) - Sections 302 and 304 Part II - Murder - Alteration of sentence - Appellant assaulted with a lathi on the head - Deceased expired in the hospital the very next day - A lathi is a common item carried by a villager in our country, linked to his identity - The fact that it is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter - In a case like the present, of an assault on the head with a lathi, it is always a question fact in

(14) GOVERNMENT OF INDIA Vs. VEDANTA LIMITED (FORMERLY CAIRN INDIA LTD.), AND OTHERS [SUPREME COURT OF INDIA] 16-09-2020
Enforcement of foreign award - Enforcement of the foreign award does not contravene the public policy of India, or that it is contrary to the basic notions of justice

(15) JEET RAM Vs. THE NARCOTICS CONTROL BUREAU, CHANDIGARH [SUPREME COURT OF INDIA] 15-09-2020
Criminal Procedure Code, 1973 (CrPC) - Section 313 - Power to examine the accused. - Where accused offers false answers in examination under Section 313 Cr.PC, same also can be used against him.

B. Criminal Procedure Code, 1973 (CrPC) - Section 313 - Merely because independent witnesses are not examined, same is no ground to reject the case of the prosecution.

(16) ABHILASHA Vs. PARKASH AND OTHERS [SUPREME COURT OF INDIA] 15-09-2020
Hindu Adoptions and Maintenance Act, 1956 - Sections 20 and 23(3) - Maintenance - An unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Act, 1956, provided she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under Section 20 of Act, 1956.

(17) FIROZ IQBAL KHAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-09-2020
Cable Television Networks Rules, 1994 - Rules 6 and 6(1)(d) - Programme Code - Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths - Any attempt to vilify a religious community must be viewed with grave disfavour by this Court as the custodian of constitutional values - Its duty to enforce constitutional values demands nothing less.

(18) NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION Vs. COMMISSIONER OF INCOME TAX, DELHI-V [SUPREME COURT OF INDIA] 11-09-2020
Advance Tax Ruling System - One of the largest areas of litigation for the Government is taxation matters. The petition rate of the tax department before the Supreme Court is at 87%. - A vibrant system of Advance Ruling can go a long way in reducing taxation litigation - This is not only true of these kinds of disputes but even disputes between the taxation department and private persons, who are more than willing to comply with the law of the land but find some ambiguity. Instead of first filin

(19) RIZWAN KHAN Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 10-09-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii)(B) and 50 - Possession of 20 kg - Ganja from the motor cycle - NDPS Trial is not vitiated merely because ownership of Vehicle from which Contraband was seized is not established - It is enough to establish and prove that the contraband articles were found from the accused from the vehicle purchased by the accused - Ownership of the vehicle is immaterial - What is required to be established and proved is the recovery

(20) PRAVIN KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-09-2020
Prevention of Corruption Act, 1988 - Penal Code, 1860 - Evidence Act, 1872 - Section 165 - Dismissal from service - Disciplinary proceedings - Corruption Charges - Punishment of dismissal from service is far from disproportionate to the charges of corruption, fabrication and intimidation which have unanimously been proven against the appellant - Taking any other view would be an anathema to service jurisprudence - If This Court were to hold that systematic corruption and its blatant coverup are