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Latest Cases

(101) UNION OF INDIA Vs. ASHOK KUMAR SHARMA AND OTHERS [SUPREME COURT OF INDIA] 28-08-2020
Drugs and Cosmetics Act, 1940 - Section 32 - Criminal Procedure Code, 1973 (CrPC) - Section 58 - Cognizance of offences - Power of arrest - Police Officers do not have power to arrest in regard to cognizable offences under Chapter IV of the Drugs and Cosmetics Act, 1940, is to operate from the date of this Judgement.<

(102) M/S AMBIENCE INFRASTRUCTURE PRIVATE LIMITED (NOW KNOWN AS) AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT LTD AND ANOTHER Vs. AMBIENCE ISLAND APARTMENT OWNERS AND OTHERS [SUPREME COURT OF INDIA] 28-08-2020
Consumer Protection Act, 1986 - Section 23 - Appeal - Appeal against NCDRC Order passed in execution proceedings not maintainable under section 23 of the Act.

(103) THE STATE OF PUNJAB AND OTHERS Vs. DAVINDER SINGH AND OTHERS [SUPREME COURT OF INDIA] 27-08-2020
Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 - Section 4(5) - Constitution of India, 1950 - Articles 14, 15, 16, 338, 341, 342, and 342A - Permissibility of Sub-Classification within Scheduled Castes or Scheduled Tribes Reservation - State Government has the power to make reservation and make such sub - classification and that would not amount to tinkering with lists - It would be open to the State to provide on a rational basis the preferential treatment by f

(104) NAZIR MOHAMED Vs. J. KAMALA AND OTHERS [SUPREME COURT OF INDIA] 27-08-2020
Limitation Act, 1963 - Section 3 and Articles 64 and 65 - Recovery of possession - Presumption - A person claiming a decree of possession has to establish his entitlement to get such possession and also establish that his claim is not barred by the laws of limitation. He must show that he had possession before the alleged trespasser got possession - The maxim "possession follows title" is limited in its application to property, which having regard to its nature, does not admit to actual and excl

(105) VIKRANT SINGH MALIK AND OTHERS Vs. SUPERTECH LIMITED AND OTHERS [SUPREME COURT OF INDIA] 27-08-2020
This appeal arises from a judgment and order of the National Consumer Disputes Redressal Commission ("NCDRC") dated 19 February 2016. Declining permission to the complainants to file a composite complaint under the provisions of Section 12(1)(c) of the Consumer Protection Act, 1986 ("Act"), the NCDRC dismissed the consumer complaint (Consumer Complaint No. 1290 of 2015) which was filed before it by twenty-six flat buyers, on the ground that: "13. ....there is nothing common between the aforesaid

(106) STATE OF M.P. AND OTHERS Vs. RAKESH SETHI AND ANOTHER [SUPREME COURT OF INDIA] 26-08-2020
Motor Vehicles Act, 1988 - Section 211 - Motor Vehicles Rules, 1994 - Rule 55A - State Government has the authority to prescribe a fee for reserving certain numbers or distinguishing marks to be assigned as registration numbers - Assignment of "distinctive marks" i.e. registration numbers to motor vehicles (which includes the power to reserve and allocate them, for a specific fee) is a distinct service for which states or their authorities (such as the registering authorities, in this case) are

(107) V. SUKUMARAN Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 26-08-2020
Service Law - Pensionary benefits - Post-retirement entitlement to maintain the dignity - Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee - Pensionary provisions must be given a liberal construction as a social welfare measure - This does not imply that something can be given contrary to rules, but the very basis for grant of such pension must be kept in mind, i.e., to facilitate a retired Government e

(108) NARASAMMA AND OTHERS Vs. A. KRISHNAPPA (DEAD) THROUGH LRs. [SUPREME COURT OF INDIA] 26-08-2020
Adverse possession - Where there is permissive possession given by the owner and the defendant claims that the same had become adverse - It has to be specifically pleaded and proved as to when possession becomes adverse in order for the real owner to lose title 12 years hence from that time

(109) KARTHICK AND OTHERS HASH THE STATE REPRESENTED BY INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT, TAMIL NADU [SUPREME COURT OF INDIA] 26-08-2020
Penal Code, 1860 (IPC) - Sections 147, 323, 325 read with 149 - Voluntarily Causing hurt - Reduction in sentence - Sudden incident for plucking the Jamun (fruit) and there was no intention to cause the injuries - Delay of 12 days in lodging FIR - Medical evidence, sustained a fracture on the finger and other suffered light injuries - Conviction confirmed - Sentence imposed Trial Court and High Court is hereby modified and reduced to the period already undergone and the amount of compensation to

(110) UNION OF INDIA AND OTHERS Vs. AGRICAS LLP AND OTHERS ETC. [SUPREME COURT OF INDIA] 26-08-2020
Foreign Trade (Development and Regulation) Act, 1992 - Sections 3(2) and 9A - Imposition of quantitative restrictions - Central Government has no right and power to impose 'quantitative restrictions' except under Section 9A of the FTDR Act - Section 9A of the FTDR Act does not elide or negate the power of the Central Government to impose restrictions on imports under sub-section (2) to Section 3 of the FTDR Act.

(111) RAJ PAL SINGH Vs. COMMISSIONER OF INCOME-TAX, HARYANA, ROHTAK [SUPREME COURT OF INDIA] 25-08-2020
Income Tax Act, 1961 - Section 45 - Capital gain - Assessment year 1975-1976 - Capital gains arising out of land acquisition compensation were chargeable to income-tax under Section 45 of the Act of 1961 for the previous year referable to the date of award of compensation i.e., 29.09.1970 and not the date of notification for acquisition

(112) WG. CDR. ARIFUR RAHMAN KHAN AND ALEYA SULTANA AND OTHERS. Vs. DLF SOUTHERN HOMES PVT LTD. (NOW KNOWN AS BEGUR OMR HOMES PVT. LTD.) AND OTHERS [SUPREME COURT OF INDIA] 24-08-2020
Consumer Protection Act 1986 - Section 12(1)(c) - Deficiency of service - Delay in handing over the possession of residential flats - Compensation - Failure of the developer to fulfill the representations made to flat buyers in regard to the provision of amenities - Flat buyers are entitled to compensation for delayed handing over of possession - Dismissal of the complaint by the NCDRC was erroneous - Appeal allowed

(113) VIKRANT SINGH MALIK AND OTHERS Vs. SUPERTECH LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-08-2020
Consumer Protection Act, 1986 - Section 12(1)(c) - Composite complaint by twenty-six flat buyers - Appeal against dismissal of complaint by NCDRC and held that there was nothing common between the complainants in terms of the date of the agreement, cost and size of the flats, and the compensation claimed - Twenty-six consumers claiming a commonality of interest would be maintainable - Appellants had sought liberty of this Court to move an application before the NCDRC for amendment of the complai

(114) SRI V.N.KRISHNA MURTHY AND ANOTHER Vs. SRI RAVIKUMAR AND OTHERS [SUPREME COURT OF INDIA] 21-08-2020
Civil Procedure Code, 1908 - Section 96 - Leave to appeal - It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment - Mere saying that the appellants are prejudicially affected by the decree is not sufficient - Appeal dismissed

(115) SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH Vs. SARDAR MANJIEETH SINGH JAGAN SINGH AND OTHERS [SUPREME COURT OF INDIA] 20-08-2020
Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act 1956 - Section 6(1)(viii) - Nomination - Powers of Diwan - It was not open to the State Government to arrogate the power of nomination to itself or to usurp the powers of the Diwan - Section 6(1)(viii) entrusts that authority to the collective body of members of the Diwan which is entitled to select the four individuals to be nominated to the statutory Board.

(116) GHANSHYAM UPADHYAY Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020
Vikas Dubey Encounter Case - Allegations of bias made by petitioner against inquiry commission merely on the basis of newspaper reports - There is no other material on record to confirm the truth or otherwise of the statement made in the newspaper - Allegations liable to be rejected - Appeal Dismissed.

(117) THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT Vs. M/S. CERA BOARDS AND DOORS, KANNUR KERALA ETC. ETC. [SUPREME COURT OF INDIA] 19-08-2020
Central Excise Act, 1944 - Section 4(1)(a) - Value of excisable goods - Where there is a sale and the three conditions stipulated in clause (a) of subsection (1) of Section 4 are satisfied, the adjudicating authority should determine the value based upon the transaction value. But (i) in cases where there is no sale and (ii) in cases where there is a sale but the three conditions stipulated in clause (a) are not satisfied

(118) DECCAN PAPER MILLS COMPANY LIMITED Vs. REGENCY MAHAVIR PROPERTIES AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020
Arbitration and Conciliation Act, 1996 - Section 8 - Specific Relief Act, 1963 - Sections 31 and 34 - Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed - But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him - When it comes to cancellation of a deed by an executant to the document, such person can approach the Court under section 31, but when it

(119) MOHD. ANWAR Vs. THE STATE (N.C.T. OF DELHI) [SUPREME COURT OF INDIA] 19-08-2020
Penal Code, 1860 (IPC) - Sections 394 and 84 - Arms Act, 1959 - Section 25 - Voluntarily causing hurt in committing robbery - Appeal against conviction - Defence of mental unsoundness - Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself - Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence's case - No evidence i

(120) AVITEL POST STUDIOZ LIMITED AND OTHERS Vs. HSBC PI HOLDINGS (MAURITIUS) LIMITED [SUPREME COURT OF INDIA] 19-08-2020
Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach or termination shall be referred to and finally resolved by binding arbitration at the Singapore International Arbitration Centre ("SIAC") in accordance with the International