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Latest Cases

(1) THE STATE OF KERALA Vs. K. AJITH AND OTHERS [SUPREME COURT OF INDIA] 28-07-2021
Penal Code, 1860 (IPC) - Sections 425, 427 and 447 - Prevention of Damage of Public Property Act 1984 - Section 3(1) - Criminal Procedure Code, 1973 (CrPC) - Section 321 - Kerala assembly ruckus case - Withdrawal of Prosecution - Destruction of property not freedom of speech - Committing acts of destruction of public property cannot be equated with either the freedom of speech in the legislature or with forms of protest legitimately available to the members of the opposition - To allow the prose

(2) ARUNA Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-07-2021
Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 - Rules 6(1)(a), 6(1)(c) and 14 - Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Section 9A - Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (third Amendment) Act, 2018 - Se

(3) PRUTHIVIRAJ JAYANTIBHAI VANOL Vs. DINESH DAYABHAI VALA AND OTHERS [SUPREME COURT OF INDIA] 26-07-2021
Penal Code, 1860 (IPC) - Sections 302, 34 and 120B - Murder - Acquittal - Appeal against - Recovery of weapons of assault from the place of occurrence stands established from the evidence of PW4 and PW5 who had not denied their signatures on the seizure memo and neither have they said that they were coerced into signing the seizure memo - High Court grossly erred in appreciation of evidence by holding that muddamal no.5 was a simple iron rod without noticing the evidence that it had a sharp turn

(4) VICE CHANCELLOR ANAND AGRICULTURE UNIVERSITY Vs. KANUBHAI NANUBHAI VAGHELA AND ANOTHER [SUPREME COURT OF INDIA] 26-07-2021
Service Law - Daily Wagers - Regularization - Daily wagers at different agricultural research centers who are skilled, semiskilled, unskilled and field labourers - Daily wagers who have completed 10 years or more of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 shall be regularized as regular employees with effect from 01.01.2000 and shall be placed in the time-scale of pay applicable to the corresponding lowest grade in the university subject to certain te

(5) ARVIND KUMAR TIWARI AND OTHERS Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 26-07-2021
Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 - Rule 16 - Promotion to post of Sub-Inspectors of Police - A candidate obtains minimum 50% marks in the objective type subjects, they shall not be entitled to seek evaluation of the Hindi Essay Subject - Such of those candidates who failed to secure 50% marks in the objective type subjects stood disqualified - Hindi Essay paper was not evaluated and the marks were not declared - A candidate who fails to obtain minimum

(6) SOUTH EASTERN COALFIELDS LIMITED AND OTHERS Vs. M/S. S. KUMAR'S ASSOCIATES AKM (JV) [SUPREME COURT OF INDIA] 23-07-2021
South Eastern Coalfields Ltd., appellant no.1 is a Government company registered under the Companies Act, 1956. The appellant no.1 floated a tender for the work of "Hiring of HEMM and allied equipments including digging machines fitted suitable slump breaker for excavating overburden (including drilling in all kinds of strata/overburden) loading into tipples, transportation, unloading the extra waited material and silt, dumping dozing scrapping/removal bands preparation/maintenance of haul road

(7) INDRA DEVI Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 23-07-2021
Criminal Procedure Code, 1973 (CrPC) - Section 197 - Protection of Sanction - Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty. However, such sanction is necessary if the offence alleged against the public servant is committed by him "while acting or purporting to act in the discharge of his official duty" and in order to find out whether the alleged offence is committed "while acting or purporting

(8) PRAKASH GUPTA Vs. SECURITIES AND EXCHANGE BOARD OF INDIA [SUPREME COURT OF INDIA] 23-07-2021
Criminal Procedure Code, 1973 (CrPC) - Section 320 - Compounding of offences - Section 320 provides for the compounding of offences only under the IPC - Hence, in respect of offences which lie outside the IPC, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable - Power of compounding must, in other words, be expressly conferred by the statute which creates the offence

(9) LAKSHMAN SINGH Vs. STATE OF BIHAR (NOW JHARKHAND) [SUPREME COURT OF INDIA] 23-07-2021
Penal Code, 1860 (IPC) - Section 323 and 147 - Unlawful assembly "to snatch the voters list and to cast bogus voting" - Conviction and sentence - Freedom of voting is a part of the freedom of expression - Secrecy of casting vote is necessary for strengthening democracy - In direct elections of Lok Sabha or State Legislature, maintenance of secrecy is a must and is insisted upon all over the world in democracies where direct elections are involved to ensure that a voter casts his vote without any

(10) UNION OF INDIA Vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2021
Telecom Services - AGR dues - Correction or rectification of the defects or arithmetical errors in calculation of AGR dues - In prior order while disposing of the Case, this Court reiterated that no telecom operator shall raise any dispute in respect of the demand raised by the Department of Telecommunications pertaining to AGR dues - There is no scope for any recalculation/re-computation of AGR dues - Applications dismissed.

(11) M/S LAUREATE BUILDWELL PRIVATE LIMITED Vs. CHARANJEET SINGH [SUPREME COURT OF INDIA] 22-07-2021
Consumer Protection Act, 1986 - Section 2(d) - Subsequent Purchaser of Flat - Relief of interest on refund - Per se bar to the relief of interest on refund, enunciated by the decision in HUDA vs. Raje Ram, (2008) 17 SCC 407 which was applied in Wing Commander Arifur Rahman Khan and Anr. vs. DLF Southern Homes Pvt. Ltd., (2020) SCC Online 667 (SC) cannot be considered good law - Nature and extent of relief, to which a subsequent purchaser can be entitled to, would be fact dependent - However, it

(12) SOMESH CHAURASIA Vs. STATE OF M.P. AND ANOTHER [SUPREME COURT OF INDIA] 22-07-2021
Penal Code, 1860 (IPC) - Section 302 - Cancellation of bail - Murder - Criminal antecedents - Using political clout to prevent a fair investigation of FIR - Failure of police to properly investigate the FIR - A warrant of arrest was issued - Despite the issuance of the warrant of arrest and a proclamation, the accused was not arrested - State provided security to accused because his spouse who is an MLA - High Court by simply disposing of the IAs seeking cancellation of bail ignored material co

(13) SAYYED AYAZ ALI Vs. PRAKASH G. GOYAL AND OTHERS [SUPREME COURT OF INDIA] 20-07-2021
Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Correction of the valuation or supplying of the requisite stamp-paper - Time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Co

(14) THE PROJECT DIRECTOR, NATIONAL HIGHWAYS NO.45 E AND 220 NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. M. HAKEEM AND ANOTHER [SUPREME COURT OF INDIA] 20-07-2021
Arbitration and Conciliation Act, 1996 - Section 34 - Arbitral Award - Modification of - No power of modification of an award exists in Section 34 of the Arbitration Act, 1996 - Hence, if one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha.

(15) A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION Vs. RAMESH KUMAR BUNG AND OTHERS [SUPREME COURT OF INDIA] 20-07-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 409, 420, 467, 468, 471 and 477A read with 120B - 'Voter Fraud' and 'Loan Fraud' - High Court stayed the proceedings and grant interim protection - Appeal against - Inherent Powers of High Court - In exceptional cases with caution and circumspection, giving brief reasons, High Court has power passed to pass an protection interim order. - Held, In Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra & Ot

(16) UNION OF INDIA Vs. RAJENDRA N. SHAH AND ANOTHER [SUPREME COURT OF INDIA] 20-07-2021
Constitution of India, 1950 - Article 368(2) - Constitution (97th Amendment) Act, 2011 which inter alia inserted Part IX-B is ultra vires the Constitution of India for want of the requisite ratification under Article 368(2) proviso - Judgment of High Court is upheld except to the extent that it strikes down the entirety of Part IXB of the Constitution of India. As held, it is declared that Part IXB of the Constitution of India is operative only insofar as it concerns multi-State cooperative soci

(17) K.P. NATARAJAN AND ANOTHER Vs. MUTHALAMMAL AND OTHERS [SUPREME COURT OF INDIA] 16-07-2021
Constitution of India, 1950 - Articles 136 and 227 - Civil Procedure Code, 1908 (CPC) - Section 115, Order 32 Rules 3 and 3-A - Limitation Act, 1963 - Section 5 - Ex­parte decree against minor - Appointment of guardian - Petition filed under Section 115 of Code, challenging an order of trial Court refusing to condone the delay of 862 days in seeking to set aside an ex­parte decree for specific performance, the High Court found that the ex­parte decree was a nullity, as it was passed against a mi

(18) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER Vs. B. D. SINGHAL AND OTHERS [SUPREME COURT OF INDIA] 15-07-2021
Uttar Pradesh Industrial Area Development Act, 1976 - Sections 3, 5 and 19 - Noida Regulations, 1981 - Regulation 25 - Enhancement of Age of superannuation - Fifty-eight to sixty years - Doctrine of promissory estoppel - On 30 September 2012, the Government of Uttar Pradesh acceded to a proposal of the Appellant to enhance the age of superannuation of its employees from fifty-eight to sixty years, prospectively - High Court set aside the decision of the State government to give prospective effe

(19) DR. ROHIT KUMAR Vs. SECRETARY OFFICE OF LT. GOVERNOR OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 15-07-2021
Constitution of India, 1950 - Article 14 - Admission to medical course - Appellant working as a Medical Officer of the Emergency and Accidents Department and declined Study Leave by Government in view of the COVID-19 pandemic - Policy decision not to grant Study Leave to doctors for a certain length of time, in apprehension of a rise in COVID-19 cases, to ensure the availability of as many doctors, as possible for duty, is neither arbitrary, nor discriminatory, nor violative of Article 14 of the

(20) SACHIN KASHYAP AND OTHERS Vs. SUSHIL CHANDRA SRIVASTAVA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2021
Constitution of India, 1950 - Articles 19(1)(g) and 226 - Noise Pollution (Regulation and Control) Rules, 2000 - High Court had imposed a blanket ban on the operation of DJ services in Uttar Pradesh reason that noise generated by DJ is unpleasant and obnoxious level - Appeal against same - Persons may be permitted to play the music/DJ only in accordance with law and after obtaining the requisite license/permission from the concerned authorities - Ordered accordingly - Appeal Allowed.