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Latest Cases

(1) DIPIKA JAGATRAM SAHANI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-01-2021
Constitution of India, 1950 - Articles 21 and 32 - Public Interest Litigation - Reopening of closure of anganwadi centres across the country in the wake of pandemic - Petitioner states that through Anganwadi Centres supplementary nutrition to pregnant women, lactating mothers, adolescent girls and children upto the age of 6

(2) S. SUNDARA KUMAR Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, THOOTHUKUDI DISTRICT, TAMIL NADU [SUPREME COURT OF INDIA] 13-01-2021
Prevention of Corruption Act, 1988 - Sections 7, 13(2) read with 13(1)(d) - Illegal Gratification - Reduction in sentence - Accused is a senior citizen aged about 70 years and already dismissed from service - Sentence of two years rigorous imprisonment as imposed by the Special Court, confirmed by the High Court, is reduced to one year and one month rigorous imprisonment - Appeal partly allowed.

(3) M/S VELLANKI FRAME WORKS Vs. THE COMMERCIAL TAX OFFICER, VISAKHAPATNAM [SUPREME COURT OF INDIA] 13-01-2021
Central Sales Tax Act, 1956 - Sections 3(a) and 5(2) - Inter-State sales - Exemption - Appellant had admittedly raised such debit notes on the end-buyers but only after having cleared the goods by filing the bill of entry for home consumption - Once the suggestion about the second high seas sales is not accepted and it is found that the appellant had been the importer of goods and had cleared them for home consumption, the natural consequence of raising of such debit notes on the end-buyers situ

(4) HIMACHAL PRADESH BUS STAND MANAGEMENT AND DEVELOPMENT AUTHORITY (HPBSM&DA) Vs. THE CENTRAL EMPOWERED COMMITTEE ETC. AND OTHERS [SUPREME COURT OF INDIA] 12-01-2021
National Green Tribunal Act, 2010 - Sections 15 and 17 - Forest (Conservation) Act, 1980 - Section 2 - Illegal construction - Hotel-cum-Restaurant in Bus Stand Complex - Construction of the Hotel-cum-Restaurant structure in the Bus Stand Complex is illegal and constitutes a brazen violation of law - Permission which was granted by MOEF was only for construction of a 'parking place' at McLeod Ganj - Similarly, the permission granted for constructing a 'bus stand' in the same area - At no point wa

(5) THE MAVILAYI SERVICE COOPERATIVE BANK LIMITED AND OTHERS Vs. COMMISSIONER OF INCOME TAX, CALICUT AND ANOTHER [SUPREME COURT OF INDIA] 12-01-2021
Income Tax Act, 1961 - Section 80P(4) - Deduction - Loans by a primary agricultural credit society to non-members - Section 80P of the IT Act, being a benevolent provision enacted by Parliament to encourage and promote the credit of the co-operative sector in general must be read liberally and reasonably, and if there is ambiguity, in favour of the assessee - A deduction that is given without any reference to any restriction or limitation cannot be restricted or limited by implication, as is sou

(6) ASHARAM TIWARI Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 12-01-2021
Penal Code, 1860 (IPC) - Sections 302, 324, 325 and 323 - Murder - Common intention - Conviction and Sentence - Number and nature of hard blunt injuries on the two deceased make it apparent that the assailants were more than one - Injuries by hard and blunt substance corroborate the evidence of the injured witnesses and PW2 of assault on the two deceased by lathis also - Common intention is evident from the accused persons coming to the lands of PW1 armed and intimidating him to return the lands

(7) ANVERSINH @ KIRANSINH FATESINH ZALA Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 12-01-2021
Penal Code, 1860 (IPC) - Sections 359, 361, 363 and 366 - Kidnapping - Consensual Affair - Defence of - It is apparent that instead of being a valid defence, the appellant's vociferous arguments are merely a justification which although evokes our sympathy, but can't change the law - Since the relevant provisions of the IPC cannot be construed in any other manner and a plain and literal meaning thereof leaves no escape route for the appellant, the Courts below were seemingly right in observing

(8) HIGH COURT OF KERALA Vs. RESHMA A. AND OTHERS ETC. [SUPREME COURT OF INDIA] 11-01-2021
Kerala Judicial Service Rules, 1991 - Rule 7(2) - Appointment of Munsiff-Magistrate - Selection - High Court has affirmed a judgment of its Single Judge by holding that appointments to the post of Munsiff-Magistrate in the judicial service of the state can be beyond the number of probable number of vacancies advertised in the notification inviting applications - High Court held, on a literal reading of Rule 7(2) of the Kerala Judicial Service Rules, 1991 (as amended in 2019), that vacancies whic

(9) IREO GRACE REALTECH PVT. LTD Vs. ABHISHEK KHANNA AND OTHERS [SUPREME COURT OF INDIA] 11-01-2021
Consumer Protection Act, 1986 - Section 2(1)(r) - Apartment Buyer's Agreement - Unfair trade practice - Incorporation of such one-sided and unreasonable clauses in the Apartment Buyer's Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act. Even under the 1986 Act, the powers of the consumer fora were in no manner constrained to declare a contractual term as unfair or one-sided as an incident of the power to discontinue unfair or restrictive trade pr

(10) M/s. N.N. GLOBAL MERCANTILE PRIVATE LIMITED Vs. M/s. INDO UNIQUE FLAME LIMITED AND OTHERS [SUPREME COURT OF INDIA] 11-01-2021
Arbitration and Conciliation Act, 1996 - Section 8 - Stamp Act, 1899 - Section 35 - Arbitration agreement - Non-payment of stamp duty on commercial contract - Since the arbitration agreement is an independent agreement between the parties, and is not chargeable to payment of stamp duty, the non-payment of stamp duty on the commercial contract, would not invalidate the arbitration clause, or render it un-enforceable, since it has an independent existence of its own - View taken by the Court on th

(11) MIHIR GOPE ETC. Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 08-01-2021
Penal Code, 1860 (IPC) - Sections 341, 307, 324, 325, and 302 read with 34 - Murder - Alteration of charges - Injuries were simple in nature caused by hard blunt object - Accused persons guilty of committing offence under Section 324 of the Code - This Court impose sentence of three years rigorous imprisonment - Conviction and sentence under sections 341, 307, 325, and 302 read with 34 set aside - Appeals partly allowed.

(12) DEVENDRA DWIVEDI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-01-2021
Constitution of India, 1950 - Articles 21, 32 and 226 - Constitutional validity of provisions of the Central Goods Service Tax Act 2017 - Permission of Court to withdraw the petitions with liberty to move the High Court in appropriate proceedings - Petitioners have an efficacious remedy in the form of proceedings under Article 226 of the Constitution to challenge the constitutional validity of the provisions of the statute which are placed in issue - Following this course of action is desirable,

(13) THE STATE OF KERALA AND OTHERS Vs. LEESAMMA JOSEPH [SUPREME COURT OF INDIA] 07-01-2021
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Reservation in promotion - Physical disability - Petitioner contends that the respondent was given employment on compassionate ground and the entry point was not of a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Thus, it is thus submitted that such a person cannot claim reservation in matter of promot

(14) THE STATE OF KERALA AND OTHERS Vs. LEESAMMA JOSEPH [SUPREME COURT OF INDIA] 07-01-2021
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Reservation in promotion - Physical disability - Petitioner contends that the respondent was given employment on compassionate ground and the entry point was not of a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Thus, it is thus submitted that such a person cannot claim reservation in matter of promot

(15) BHAVEN CONSTRUCTION THROUGH AUTHORISED SIGNATORY PREMJIBHAI K. SHAH Vs. EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 06-01-2021
Law of Arbitration - The Arbitration Act itself gives various procedures and forums to challenge the appointment of an arbitrator - The framework clearly portrays an intention to address most of the issues within the ambit of the Act itself, without there being scope for any extra statutory mechanism to provide just and fair solutions.

(16) COMMON CAUSE Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-01-2021
Mines and Minerals (Development and Regulation) Act, 1957 - Sections 8A and 21(5) - Mining lease - Permission to sell the stock of minerals lying in the leasehold area and to deposit the sale proceeds directly with the State Government - From the averments contained in the application, it appears that what is claimed by the applicant to be lying at the mining lease area is less than what is alleged by the State Government to have been mined in violation of EC - While it may be permissible to al

(17) THE CHAIRPERSON GOVERNING BODY DAULAT RAM COLLEGE Vs. DR. ASHA AND OTHERS [SUPREME COURT OF INDIA] 05-01-2021
Service Law - Appointment of Warden - It is the Governing Body of the College which has the authority to appoint Warden of the College Hostel - However, the Principal being Executive head of the entire College and being in position to know the members of the staff as per prevailing practice the applications are to be invited through the Principal of the College and after receipt of the applications the applications along with recommendation of the Principal may be placed before the Governing Bod

(18) DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) AND OTHERS Vs. AJAI KUMAR SRIVASTAVA [SUPREME COURT OF INDIA] 05-01-2021
Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471 read with120B - Prevention of Corruption Act, 1988 - Section 13(2) read with 13(1)(d) - Misappropriation of public funds - Bank Employee - In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee. It requires the employee to maintain good conduct and discipline and he deals with money of the depositors and the customers and if it is not observed, the confidence of the public/depositors would be imp

(19) M/S. PADIA TIMBER COMPANY(P) LIMITED Vs. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY [SUPREME COURT OF INDIA] 05-01-2021
Contract Act, 1872 - Section 7 - Acceptance must be absolute - Concluded Contract - Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor, Held, Acceptance of a conditional offer with a further condition does not result in a concluded Contract.

(20) KIRTI AND ANOTHER ETC. Vs. ORIENTAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 05-01-2021
Motor Accident - Compensation - Future Prospects can be granted even in the cases pertaining to Notional Income - Once the victim has been proved to be employed at some venture, the necessary corollary is that they would be earning an income - It is clear that no rational distinction can be drawn with respect to the granting of future prospects merely on the basis that their income was not proved, particularly when the Court has determined their notional income.