(1) MRS RITIKA SHARAN Vs. MR SUJOY GHOSH [SUPREME COURT OF INDIA] 28-10-2020 Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Cruelty - Grant of Custody of Child - Appellant was working in Singapore and seek a direction to the respondent to handover the passport of the child and also alleges that the respondent was suffering from a psychiatric disorder he cannot be granted the custody of the child - In matters such as the present case, the welfare of the minor child is of paramount concern - The jurisdiction of this Court under Article 142 of the Constitution is a facili
(2) SATYAMA DUBEY AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-10-2020 Constitution of India, 1950 - Article 32 - Hathras Gang Rape and Murder Case - Monitoring of proceedings/investigation - Incident having occurred within the jurisdiction of that High Court and all particulars being available, it would be appropriate for the High Court to proceed to monitor the investigation in the manner in which it would desire - Not find it necessary to divest the High Court of the proceedings and take upon this Court to monitor the proceedings/investigation
(3) M/S. L&T HOUSING FINANCE LIMITED Vs. M/S. TRISHUL DEVELOPERS AND ANOTHER [SUPREME COURT OF INDIA] 27-10-2020 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 2(zd) and 13(2) - Secured Creditor - Term loan of Rs. 20 crores - Respondents failed to maintain financial discipline and subsequently became a defaulter - Since the respondents failed to make their outstanding payment, under the given circumstances the appellant classified the account of the respondents as (NPA) on 15th April, 2017 and sent a notice of demand dated 14th June, 2017 - W
(4) THE STATE OF TAMIL NADU Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-10-2020 Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Act, 1993 - Admission - Reservation for Other Backward Classes (OBC) - There is no legal or constitutional impediment for extending the benefit of reservation to the Other Backward Class candidates in the State surrendered All India Quota seats of the under-graduate and postgraduate medical courses in the State-run medi
(5) SURESH CHANDRA Vs. JOGA SINGH BISHT AND OTHERS [SUPREME COURT OF INDIA] 26-10-2020 Excise Act, 1944 - Sections 34 and 36 - Re-settlement of licence for foreign liquor shop - Respondent has misled the High Court by contending that he is willing to offer a higher amount. Such an offer should not have been entertained as he did not participate in the resettlement process - If such petitions are encouraged, there will be no finality to any license or permission granted by the Government, especially when there is no complaint of any malafides, favoritism or nepotism - Appellant sha
(6) RAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 26-10-2020 Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20, 20(ii), 20(ii)(C) and 42 - Recovery of charas - Quantity of seized charas was 1 kg 230 gms but the pure resin content was only 424 gms - Minimum mandatory sentence - The law on minimum mandatory sentence, both at the time of commission of the offence and at the stage of appeal, prohibits any imprisonment lower than a term of ten years - Section 20(ii) of the NDPS Act, as it stood before the amendment of 2001, specified that whe
(7) RAJESH DHIMAN Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 26-10-2020 Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 50 - Recovery of 3kg 100gms charas - Compliance with Section 50 - Safeguards for search of a person would not extend to his bag or other article being carried by them - Given how the narcotics have been discovered from a backpack, as per both the prosecution and defence versions, there arises no need to examine compliance with Section 50 of NDPS Act
(8) M. RAVINDRAN Vs. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE [SUPREME COURT OF INDIA] 26-10-2020 Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Constitution of India, 1950 - Article 21 - Default bail - As a cautionary measure, the counsel for the accused as well as the magistrate ought to inform the accused of the availability of the indefeasible right under Section 167(2) once it accrues to him, without any delay. This is especially where the accused is from an underprivileged section of society and is unlikely to
(9) NAVIN CHANDRA DHOUNDIYAL Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 16-10-2020 Service Law - Claim to re-employment - continuation in service - Appellants are working as Professors in various disciplines in Kumaun University - They argued that they were entitled to continue in service, on extension up to the end of June, 2021 - They had relied on a previous judgment of the Division Bench of the High Court - Dr. Indu Singh vs. State of Uttarakhand, (2017) SCC Online 1527 - In that judgment, the Division Bench had, on an interpretation of the relevant provisions (which were
(10) STATE OF U.P. Vs. SUDHIR KUMAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 16-10-2020 Tender agreement - Termination of - Necessary presumption - Violation of terms and conditions of the tender agreement - If the officials had cancelled the earlier tender notice in their wisdom and the cancellation of those tender notice was never questioned, merely because those earlier tender notices were cancelled/ withdrawn, a necessary presumption cannot be raised that the third notice inviting tender was for some extraneous considerations - It is true that the prices this time were taken to
(11) UMESH KUMAR SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 16-10-2020 Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of criminal cases - Power of - Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person
(12) STATE OF U.P. Vs. GAYATRI PRASAD PRAJAPATI [SUPREME COURT OF INDIA] 15-10-2020 Penal Code, 1860 (IPC) - Sections 376(D), 376, 511, 504 and 506 - Protection of Children from Sexual Offences Act, 2012 - Sections 3 and 4 - Gang Rape - Bail on medical grounds - High Court grants two month interim bail on medical grounds - Appeal against - There was no satisfaction recorded by the High Court that treatment offered to respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interi
(13) RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LIMITED Vs. PIYUSH KANT SHARMA AND OTHERS [SUPREME COURT OF INDIA] 15-10-2020 Service Law - Appointment - Contractual employees - Post of Computer Operator - No regular sanctioned post - High Court has committed a grave error in passing such an interim order restraining the appellant Corporation from appointing new set of contractual employees in place of original writ petitioners - No reasons, whatsoever have been assigned by the High Court while passing the impugned interim order - High Court has failed to appreciate and consider the fact that according to the appellant
(14) SARAVANAN Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 15-10-2020 Criminal Procedure Code, 1973 - Section 167(2) - Default bail - Right of - No other condition of deposit - Where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, accused gets an "indefeasible right" to default bail, and the accused becomes entitled to default bail once the accused applies for default bail and furnish bail - Therefore, the only requirement for getting the default bail/statutory bail under Section 16
(15) SATISH CHANDER AHUJA Vs. SNEHA AHUJA [SUPREME COURT OF INDIA] 15-10-2020 Protection of Women from Domestic Violence Act, 2005 - Section 2(s) - "Shared Household" - The use of the both expressions "means" and "includes" in the definition clause - Interpretation of - Shared household means where person aggrieved has lived at any time in domestic relationship either singly or with respondent - The household may be a joint family or jointly tenanted irrespective of title or ownership of property
(16) GANESAN Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 14-10-2020 Protection of Children from Sexual Offences Act, 2012 - Sections 7 and 8 - Sexually assaulting a minor girl - Testimony of the victim - Conviction and sentence - Victim aged 15 years at the time of deposition is matured - Even there can be a conviction based on the sole testimony of the victim, however, she must be found to be reliable and trustworthy - Sole testimony of the victim is absolutely trustworthy and unblemished and her evidence is of sterling quality - Allegations against the accused
(17) HOSPITALITY ASSOCIATION OF MUDUMALAI Vs. IN DEFENCE OF ENVIRONMENT AND ANIMALS AND OTHERS ETC. [SUPREME COURT OF INDIA] 14-10-2020 Environmental Law - Elephant corridor - Vacate of Premises - Resort owners and other private land owners are directed to vacate and hand over the vacant possession of the lands falling within the notified 'elephant corridor' to the District Collector, Nilgiris - This Court appoint a 3-member Inquiry Committee consisting of: (i) Hon'ble Mr. Justice K. Venkatraman, Former Judge of the Madras High Court (Chairman); (ii) Mr. Ajay Desai, Consultant to World Wide Fund for Nature-India and Member of th
(18) ANIL BHARDWAJ Vs. THE HON'BLE HIGH COURT OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Service Law - Post of District Judge (Entry Level) - Deletion of name from selection list - Decision of Examination-cum-Section and Appointment Committee for holding the appellant unsuitable was based on the relevant consideration, i.e., a criminal case against the appellant under Section 498A/406/34 IPC was pending which was registered on a complaint filed by the wife of the appellant - Such decision of the Committee was well within the jurisdiction and power of the Committee and cannot be said
(19) HANUMAPPA (SINCE DECEASED) BY HIS LRS. AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Limitation Act, 1963 - Section 5- Condonation of Delay – Status quo during the pendency of the Special Leave Petition - Whether the petitioner has made out a case for continuation of the order of statusquo during the pendency of the Special Leave Petition - Held, Special Leave Petition was filed in the year 2017 with a delay of 546 days - However, Review Petition itself was filed with a delay of 380 days from the date of disposal of the Writ Appeal and in any event the petitioner herein cannot c
(20) CHOWGULE AND COMPANY PRIVATE LIMITED Vs. GOA FOUNDATION AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 - Rule 12(1)(hh) - Extension of time for the transportation of the mineral alleged to have been mined before 15.03.2018 - Therefore, Goa Foundation may be right in contending that the State Government should have invoked Rule 12(1)(hh) to confiscate the mineral allegedly lying at site for the past more than 2 and Half years. But the difficulty today is that Rule 12(1)(hh) was not pressed into service before thi