ive

Latest Cases

(101) STATE OF RAJASTHAN Vs. MEHRAM AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 300, 304, 304 Part I, 323, 307, 326 and 302 - Criminal Procedure Code, 1973 (CrPC) - Section 377(3) – Murder - Restoration of conviction - As the death of deceased was caused by the act of accused No. 5 giving one fatal blow on the head, which was with the intention of causing his death or causing such bodily injury as is likely to cause death, the case would be covered by Section 304 Part I, IPC - It is certainly not a case to simply proceed unde
(2020) AIRSC 2089

(102) CLP INDIA PRIVATE LIMITED Vs. GUJARAT URJA VIKAS NIGAM LTD AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2020
Electricity Act, 2003 - Section 125 - Electricity Supply Act, 1948 - Section 43(A) - Determination of tariff for sale of electricity by the generating company to the Electricity Boards - Agreement between the parties was that interest on the sum of Rs. 53.90 crores was payable for the specified period 01.07.2003 to 31.12.2009 -Therefore, CLP's claim that any amount was payable, for any period prior to 01.07.2003, was not tenable - Had CLP wished so, nothing prevented it to claim for it during ne

(103) ASSISTANT COMMISSIONER (CT) LTU, KAKINADA AND OTHERS Vs. M/S. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED [SUPREME COURT OF INDIA] 06-05-2020
Andhra Pradesh Value Added Tax Act, 2005 - Section 31 - Constitution of India, 1950 - Article 226 - Assessment order - It is well settled that rejection of delay application by the appellate forum does not entail in merger of the assessment order with that order – Appeal allowed.

(104) HUKUM CHAND DESWAL Vs. SATISH RAJ DESWAL [SUPREME COURT OF INDIA] 06-05-2020
Contempt of Courts Act, 1971 - Sections 12 and 14 - Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 - Rule 3 - Suit for permanent injunction, possession and for recovery of rent and damages/mesne profits till the recovery of possession - This Court find force in the explanation offered by the respondent that as per its bona fide understanding, there was no outstanding dues payable to the petitioner - Moreover, as observed by the High Court, these aspects could be answered b
(2020) AIRSC 2100

(105) TRILOKI NATH SINGH Vs. ANIRUDH SINGH(D) THR. LRS AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Specific Relief Act, 1963 - Section 34 - Civil Procedure Code, 1908 (CPC) - Order 23 Rule 3A - Transfer of Property Act, 1882 - Section 52 - Bar to suit - Compromise decree - Merely because the appellant was not party to the compromise decree in the facts of the present case, will be of no avail to the appellant, much less give him a cause of action to question the validity of the compromise decree passed by the High Court by way of a substantive suit before the civil Court to declare it as frau
(2020) AIRSC 2111

(106) RATNAGIRI NAGAR PARISHAD Vs. GANGARAM NARAYAN AMBEKAR AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Specific Relief Act, 1963 - Section 41(f) - Injunction - Section 41(f) of the 1963 Act clearly mandates that an injunction cannot be granted to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance. (Para 18)

(107) PUNJAB NATIONAL BANK AND OTHERS Vs. ATMANAND SINGH AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Civil Procedure Code, 1908 (CPC) - Section 141 - Constitution of India, 1950 - Article 226 - When the petition raises complex questions of fact, which may for their determination require oral evidence to be taken, and on that account the High Court is of the view that the dispute should not appropriately be tried in a writ petition, the High Court may decline to try a petition
(2020) AIRSC 2192

(108) KAPILABEN AMBALAL PATEL AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2020
Gujarat Urban Land (Ceiling and Regulation) Act, 1976 - Sections 6, 9, 10, 10(5) and 20(1)(a) - Physical possession - The settled legal position that it is difficult to take physical possession of the land under compulsory acquisition - Further, that the normal mode of taking possession is drafting the Panchnama in the presence of Panchas and taking possession and giving delivery to the beneficiaries is accepted mode of taking possession of the land - Subsequent thereto, the retention of possess

(109) IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION[SUPREME COURT OF INDIA] 06-05-2020
Extention of Limitation under Arbitration Act, 1996 and Negotiable Instruments Act, 1881 with effect from 15-03-2020 - Taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by the lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all period

(110) PANDURANG GANPATI CHAUGULE Vs. VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED [SUPREME COURT OF INDIA] 05-05-2020
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 2(c) - Banking Regulation Act, 1949 - Section 5(c) - Recovery by Co-operative banks - 'banking' relating to cooperatives can be included within the purview of Entry 45 of List I, and it cannot be said to be over inclusion to cover provisions of recovery by co-operative banks in the SARFAESI Act.

(111) COMMISSIONER OF CENTRAL EXCISE, DELHI-III Vs. M/S. UNI PRODUCTS INDIA LIMITED [SUPREME COURT OF INDIA] 01-05-2020
Central Excise Act, 1944 – Sections 17 and 38A - Central Excise Rules, 1944 - Rule 25 – First Schedule to the Central Excise Tariff Act, 1985 - Chapters 57 and 87 - Tariff entry - Whether "car matting" would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading "Carpets and Other Textile Floor Coverings" or they would be classified under Chapter 87 thereof, which relates to "Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accesso
(2020) AIRSC 2332

(112) NEELAM GUPTA Vs. MAHIPAL SHARAN GUPTA AND ANOTHER [SUPREME COURT OF INDIA] 29-04-2020
Protection of Women from Domestic Violence Act, 2005 - Section 12 - Right of residence - Alternative accommodation - Under the Protection of Women from Domestic Violence Act, 2005 the appellant would certainly be entitled to a shared residence being her matrimonial home or in lieu thereof her husband to provide her with a suitable reasonable accommodation in accordance with law - Vacation/variation contemplated by the impugned order would mean the appellant's possessory rights cannot be disturbe

(113) QUIPPO CONSTRUCTION EQUIPMENT LIMITED Vs. JANARDAN NIRMAN PVT. LIMITED [SUPREME COURT OF INDIA] 29-04-2020
Arbitration and Conciliation Act, 1996 - Sections 5, 8, 9 and 34 - Appointment of Arbitrator - Arbitration in question is a domestic and an institutional arbitration where CIAA was empowered to and did nominate the Arbitrator - It is not as if there were completely different mechanisms for appointment of Arbitrator in each of the agreements - The only distinction is that according to one of the agreements the venue was to be at Kolkata - The specification of "place of arbitration" may have speci
(2020) AIRSC 2038

(114) PILCOM Vs. C.I.T. WEST BENGAL-VII [SUPREME COURT OF INDIA] 29-04-2020
Income Tax Act, 1961 - Section 194E - Payments made to the Non-Resident Sports Associations in the present case represented their income which accrued or arose or was deemed to have accrued or arisen in India. Consequently, the Appellant was liable to deduct Tax at Source in terms of Section 194E of the Act.
(2020) AIRSC 2047

(115) BCH ELECTRIC LIMITED Vs. PRADEEP MEHRA [SUPREME COURT OF INDIA] 29-04-2020
Payment of Gratuity Act, 1972 - Sections 4(2), 4(3), 4(5) and 7 - Gratuity Scheme - Ceiling limit - Gratuity scheme provided by the employer had better rate for computing gratuity but the ceiling limit was lower; whereas the entitlement under the provisions of the Act was at a lesser rate but the ceiling prescribed by the Act was higher than what was provided by the employer - This Court laid down that an employee must take complete package as offered by the employer or that which is available u

(116) VODAFONE IDEA LIMITED (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) AND ANOTHER [SUPREME COURT OF INDIA] 29-04-2020
Income Tax Act, 1961 - Sections 143, 143(2), 143(3), 241-A and 245 - Refund of amount - Whether any intimation is required to be given to the assessee that because of initiation of proceedings pursuant to notice under sub-section (2) of Section 143 of the Act processing of return in terms of sub-section (1) of Section 143 of the Act, would stand deferred

(117) CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-04-2020
Indian Medical Council Act, 1956 - Sections 10D and 33 - Constitution of India, 1950 - Articles 25, 26, 29(1) and 19(1)(g) - Rights of the unaided/aided minority to administer institutions - Violation of - There is no violation of the rights of the unaided/aided minority to administer institutions under Articles 19(1) (g) and 30 read with Articles 25, 26 and 29(1) of the Constitution of India by prescribing the uniform examination of NEET for admissions in the graduate and postgraduate professio

(118) DINESH KUMAR GUPTA AND OTHERS Vs. HIGH COURT OF JUDICATURE OF RAJASTHAN OTHERS [SUPREME COURT OF INDIA] 29-04-2020
Rajasthan Higher Judicial Service Rules, 1969 - Rule 56 - Rajasthan Judicial Service Rules, 2010 - Rules 3(c), 6(1), 31(2), 47 and 47(4) - Regular Promotion - There were no vacancies for Regular Promotion which is why the selection process undertaken in the year 2010 did not earmark any vacancies for Regular Promotions and it was only in the year 2011, when adequate vacancies for said category became available, that the Notification contemplated filling up of certain vacancies by Regulation Prom
(2020) AIRSC 2270

(119) BIHAR STATE ELECTRICITY BOARD ETC. Vs. M/S ICEBERG INDUSTRIES LTD. AND OTHERS ETC. [SUPREME COURT OF INDIA] 27-04-2020
Electricity Act, 2003 - Section 56 - Disconnection of supply - Disconnection of supply is special power given to the supplier in addition to the normal mode of recovery by instituting a suit - Both the Single Judge and the Appellate Bench of the High Court have held that the respondent company did not neglect to pay their dues, for which reason the supplier could have effected the harsher mode by disconnection supply

(120) AISHWARYA ATUL PUSALKAR Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 27-04-2020
Maharashtra Housing and Area Development Act, 1976 - Sections 79 and 177 - Hindu Adoption and Maintenance Act, 1956 - Section 18 - Claim for right to residence in matrimonial home - Appellant’s contention is that such exercise of redevelopment had been undertaken in pursuance of a statutory scheme framed under Section 79 of the 1976 Act which has provisions for rehabilitation of dishoused occupiers - A judicial forum having fact-finding jurisdiction would be the proper forum for adjudicating her