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Latest Cases

(101) RAM SHARAN MAURYA AND OTHERS Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 18-11-2020
Recruitment of 'Shiksha Mitras' (Assistant Teachers) in primary schools - Fixation of cut off marks - Power of State Government - If the Government has the power to fix minimum qualifying marks 'from time to time', there is nothing in the Rules which can detract from the exercise of such power even after the examination is over - Fixation of cut off at 65-60%, even after the examination was over, cannot be said to be impermissible - Government was well within its rights to fix such cut off.
(2020) 13 SCALE 198

(102) SUBHASH KUMAR Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 17-11-2020
Bihar Education Service - Relegating of petitioner after serving as member of the Bihar Administrative service for almost 15 years to Bihar Education Service without affording an opportunity of hearing to him in alleged compliance of the order - Order impugned could not have been passed by the respondents without affording him an opportunity of hearing and is in violation of the principles of natural justice - Respondents were not at all justified in passing of the order impugned which was neith
(2020) 13 SCALE 127

(103) M/S FERTICO MARKETING AND INVESTMENT PVT. LTD. AND OTHERS ETC. Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER ETC. [SUPREME COURT OF INDIA] 17-11-2020
Delhi Special Police Establishment Act, 1946 - Sections 5 and 6 - Extension of powers and jurisdiction of special police establishment to other areas - Consent of State Government to exercise of powers and jurisdiction - Though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE beyond the Union Territories to a State, the same is not permissible unless, a State grants its consent for such an extension within the area of State concerned under Sec
(2020) 13 SCALE 132

(104) KIRPA RAM (DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS Vs. SURENDRA DEO GAUR AND OTHERS [SUPREME COURT OF INDIA] 16-11-2020
Civil Procedure Code, 1908 (CPC) - Section 100(1) - Second Appeal - Substantial question of law - Sub-section (1) of Section 100 of the Code contemplates that an appeal shall lie to the High Court if it is satisfied that the case involves a substantial question of law - Substantial question of law is required to be precisely stated in the memorandum of appeal - If the High Court is satisfied that such substantial question of law is involved, it is required to formulate that question - Appeal has
(2020) 6 KLT 574 : (2020) 13 SCALE 119

(105) UMC TECHNOLOGIES PRIVATE LIMITED Vs. FOOD CORPORATION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 16-11-2020
Tender - Termination of - Notice for blacklisting - Mere existence of a clause in the Bid Document, which mentions blacklisting as a bar against eligibility, cannot satisfy the mandatory requirement of a clear mention of the proposed action in the show cause notice - Corporation's notice is completely silent about blacklisting and as such, it could not have led the appellant to infer that such an action could be taken by the Corporation in pursuance of this notice. Had the Corporation expressed
(2020) 13 SCALE 109

(106) RATTAN SINGH AND OTHERS Vs. NIRMAL GILL AND OTHERS ETC. [SUPREME COURT OF INDIA] 16-11-2020
A. Limitation Act, 1963 - Section 17 - Effect of fraud or mistake - For invoking Section 17 of the 1963 Act, two ingredients have to be pleaded and duly proved - One is existence of a fraud and the other is discovery of such fraud - In the present case, since the plaintiff failed to establish the existence of fraud, there is no occasion for its discovery. Thus, the plaintiff cannot be extended the benefit under the said provision.
(2020) 8 MLJ 393 : (2020) 13 SCALE 149

(107) ARNAB MANORANJAN GOSWAMI Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 11-11-2020
Grant of the interim bail - High Court was in error in rejecting the applications for the grant of interim bail - This Court order and direct that Arnab Goswami, Feroz Mohammad Shaikh and Neetish Sarda shall be released on interim bail, subject to each of them executing a personal bond in the amount of Rs 50,000 to be executed before the Jail Superintendent - They are, however, directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation o
(2020) 13 SCALE 118

(108) VETINDIA PHARMACEUTICALS LIMITED Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 06-11-2020
Drugs and Cosmetics Act, 1940 - Sections 9, 23, 25 and 26 - Misbranded drugs - Order of blacklisting - Petition dismissed by High Court only on the ground of delay, as having been preferred ten years later - Appeal against - Contention of the respondents that they have acted in accordance with the provisions of the Drugs Act pursuant to the report of the analyst for misbranded product under Section 9 is devoid of substance and merits no consideration - It is not the case of the respondents that
(2020) AIRSC 5753 : (2020) 13 SCALE 1

(109) TELECOM REGULATORY AUTHORITY OF INDIA Vs. M/S BHARTI AIRTEL LIMITED AND OTHERS ETC. [SUPREME COURT OF INDIA] 06-11-2020
Telecom Regulatory Authority of India Act, 1997 - Section 11(1)(b)(i) read with Section 11(2) - Disclosing of information or details regarding segmented offers - By the Telecommunication Tariff (30th Amendment) Order dated 16.01.2004, the definition of "Reporting Requirement" was substantially modified, so as to include the principles of non-discrimination and non predation - This was amended by the 42nd Amendment Order dated 07.03.2006. The 52nd Amendment Order dated 19.09.2012, introduced a pe
(2020) 13 SCALE 81

(110) T.S.K. ASHWIN KUMAR Vs. TUBATI SRIVALLI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2020
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Stay of trial - While the Contempt Petition arises out of an order passed by this Court by consent of parties in SLP, the SLP arises out of an interim order passed by the High Court, staying the trial of a criminal complaint, during the pendency of a criminal petition arising out of an order of the Trial court refusing to reopen and recall PW1 to PW4 - Order of stay granted by the High Court is liable to be vacated and the trial directed to be
(2020) 12 SCALE 748

(111) GURUSIMRAN SINGH NARULA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2020
Disaster Management Act, 2005 - Sections 10, 36 and 69 - Constitution of India, 1950 - Article 32 - Ban/Regulation on usage of disinfection tunnels - PIL seeks direction to forthwith ban on spraying of all kinds of disinfectants on human beings which is being done supposedly for protecting the human beings from the Novel Coronavirus disease 2019 (Covid19) - Spraying disinfectant on human body, fumigation or use of UV rays against the human body, there has to be regulatory regime when respondent
(2020) 6 ALT 170 : (2020) 8 MLJ 292 : (2020) 12 SCALE 734

(112) SHANTI DEVI ALIAS SHANTI MISHRA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-11-2020
Constitution of India, 1950 - Article 226 - Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 - Section 3E - Stoppage of pension - Writ petition - Territorial jurisdiction - A retired employee, who is receiving pension, cannot be asked to go to another court to file the writ petition, when he has a cause of action for filing a writ petition in Patna High Court - For a retired employee convenience is to prosecute his case at the place where he belonged to and was getting pension -
(2020) 4 LabLN 273 : (2020) 4 LLJ 513 : (2020) 13 SCALE 15

(113) HITESH VERMA Vs. THE STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2020
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 452, 504 and 506 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) and 3(1)(e) - Quashing of charge-sheet and summoning order - Appellant had sought quashing of the charge-sheet on the ground that the allegation does not make out an offence under the Act against the appellant merely because respondent No. 2 was a Scheduled Caste since the property dispute was no
(2020) AIRSC 5584 : (2020) 4 GujLH 353 : (2020) 6 KantLJ 188 : (2020) 6 KLT 561 : (2020) 4 RCRCriminal 868 : (2020) 12 SCALE 714

(114) HINDUSTAN UNILEVER LIMITED Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-11-2020
Prevention of Food Adulteration Act, 1954 - Sections 17(1)(a) - Food Adulteration - Complaint filed against Directors of the Company - Clause (a) of Sub-Section (1) of Section 17 of the Act makes the person nominated to be in charge of and responsible to the company for the conduct of business and the company shall be guilty of the offences under clause (b) of Sub-Section (1) of Section 17 of the Act. - Therefore, there is no material distinction between Section 141 of the NI Act and Section 17
(2020) 4 MLJCriminal 583 : (2020) 12 SCALE 723

(115) C. BRIGHT Vs. THE DISTRICT COLLECTOR AND OTHERS [SUPREME COURT OF INDIA] 05-11-2020
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14 - District Magistrate to assist secured creditor in taking possession of secured asset - High Court held that Section 14 of the SARFAESI Act mandating the District Magistrate to deliver possession of a secured asset within 30 days, extendable to an aggregate of 60 days upon reasons recorded in writing, is a directory provision - Challenged in appeal - Whether the time limits in secti
(2020) AIRSC 5747 : (2020) 6 KLT 489 : (2020) 8 MLJ 324 : (2020) 13 SCALE 8

(116) RAJNESH Vs. NEHA AND ANOTHER [SUPREME COURT OF INDIA] 04-11-2020
Criminal Procedure Code, 1973 (Cr.PC) - Section 125 - Matrimonial matters - Payment of Maintenance - Maintenance in all cases will be awarded from the date of filing the application for maintenance
(2020) 4 CivCC 282 : (2020) 4 RCRCriminal 879 : (2020) 13 SCALE 29

(117) THE STATE OF TAMIL NADU AND ANOTHER Vs. K. FAZLUR RAHMAN AND ANOTHER [SUPREME COURT OF INDIA] 03-11-2020
Waqf Act, 1995 - Section 99 - Power to supersede Board - There can be no dispute that prima facie evidence of financial irregularity, misconduct has to be prima facie financial irregularity or misconduct by the Board which is sought to be superseded - The third expression that is "violation" of the provisions of this Act has also to be read in the same manner that is violation of the provisions of this Act by actions of the Board - Legislative intendment as contained in second provision to Secti
(2020) AIRSC 5499 : (2020) 8 MLJ 257 : (2020) 12 SCALE 403

(118) RAJESH @ SARKARI AND ANOTHER Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 03-11-2020
Penal Code, 1860 (IPC) - Section 302 and 34 - Murder - Refusal to undergo Test Identification Parade (TIP) - Guilt cannot be based purely on the refusal of the accused to undergo an identification parade - Ballistics evidence connecting the empty cartridges and the bullets recovered from the body of the deceased with an alleged weapon of offence is contradictory and suffers from serious infirmities - A refusal to undergo a test identification parade assumes secondary importance, if at all, and c
(2020) AIRSC 5561 : (2020) 10 JT 571 : (2020) 4 RCRCriminal 818 : (2020) 12 SCALE 364

(119) BIRAJI @ BRIJRAJI AND ANOTHER Vs. SURYA PRATAP AND OTHERS [SUPREME COURT OF INDIA] 03-11-2020
Adoption deed - Summoning of record - Belated stage to summon the record - Appellants have questioned the adoption deed, executed by late father of the first plaintiff executed in favor of defendant no.1 registered before Sub-Registrar. Further, consequential injunction orders are sought to restrain the defendant herein from interfering in the peaceful possession of the appellants-plaintiffs with the property as mentioned in the plaint - It is an undisputed fact that the evidence is closed and t
(2020) AIRSC 5483 : (2020) 8 MLJ 266 : (2020) 4 RCRCivil 899 : (2020) 12 SCALE 389

(120) CHIEF MANAGER, PUNJAB NATIONAL BANK AND ANOTHER Vs. ANIT KUMAR DAS [SUPREME COURT OF INDIA] 03-11-2020
Service Law - Eligibility criteria - Post of peon - Candidate overqualified - Suppression of material information and making a false statement has a clear bearing on the character and antecedents of the employee in relation to his continuance in service - A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service - Thus, on the ground of suppression of material information and the facts and as the respondent even otherwise
(2020) 4 LLJ 641 : (2020) 12 SCALE 392