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Latest Cases

(121) SHRI RAM SAHU (DEAD) THROUGH LRS. AND OTHERS Vs. VINOD KUMAR RAWAT AND OTHERS [SUPREME COURT OF INDIA] 03-11-2020
Civil Procedure Code, 1908 (CPC) - Order 47 Rule 1 and Section 114 - Review of judgment/Order - Scope and ambit - High Court has allowed the review petition filed by the respondent, and has reviewed the judgment and order and has deleted the observations made in para 20 of the judgment and order more particularly with respect to the observations made in para 20 as regards the possession of the disputed house, which were in favour of the appellants - Appeal against same - When a person considerin
(2020) 8 MLJ 191 : (2020) 12 SCALE 415

(122) SMT. RENUKA DEY AND OTHERS Vs. NARESH CHANDRA GOPE (D) THR. LRS. AND ANOTHER [SUPREME COURT OF INDIA] 02-11-2020
West Bengal Restoration of Alienated Land Act, 1973 - Section 4 - Restoration of land -Invocation of the restoration provision - Mere fact that part of the sale proceeds has been utilised for purchasing another agricultural land would not per se disentitle a transferor from invoking the restoration provision contained in the 1973 Act, provided of course, the transaction sought to be repudiated otherwise attracts the
(2020) 12 SCALE 237

(123) M/S. IMPERIA STRUCTURES LIMITED Vs. ANIL PATNI AND ANOTHER [SUPREME COURT OF INDIA] 02-11-2020
Real Estate (Regulation and Development) Act, 2016 - Sections 79 - Bar of jurisdiction - Consumer complaint by allottee against builder - Section 79 of the RERA Act does not in any way bar the Commission or Forum under the provisions of the CP Act to entertain any complaint
(2020) 12 SCALE 263

(124) THE STATE OF RAJASTHAN AND OTHERS Vs. HEEM SINGH [SUPREME COURT OF INDIA] 29-10-2020
Penal Code, 1860 (IPC) - Sections 302, 201 and 120B - Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958 - Rule 16 - Dismissal from service - Disciplinary proceedings - Reinstatement without Back wages - Respondent, was appointed as a Constable in the police service in 1992 - In August 2002, he was named in an FIR in a murder case - Sessions Court acquitted him giving them the benefit of doubt - The disciplinary enquiry on the charge of murder proceeded with much the sam
(2020) AIRSC 5455 : (2020) 6 ALT 183 : (2020) 10 JT 207 : (2020) 12 SCALE 692

(125) THOMAS LAWRENCE Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 29-10-2020
Kerala Conservation of Paddy Land and Wetland Act, 2008 - Kerala Wetlands (Conservation and Management) Rules, 2010 - Rule 4 - Restrictions on activities within wetlands - District Collector has not taken action in accordance with the order dated 19.12.2018 as a result of which it is necessary to set aside the NGT order and remand the matter for de novo hearing - Given the fact that the Collector has passed an order pursuant to the NGT's order dated 19.12.2018, it is clear that the execution app
(2020) 10 JT 231 : (2020) 12 SCALE 517

(126) INSOLVENCY AND BANKRUPTCY BOARD OF INDIA Vs. LALIT KUMAR JAIN AND OTHERS [SUPREME COURT OF INDIA] 29-10-2020
Insolvency and Bankruptcy Code, 2016 - Section 1(3) - Constitution of India, 1950 - Articles 139(A) and 142 - Transfer Petitions - By a Notification dated 15.11.2019, the Ministry of Corporate Affairs, Government of India in exercise of its power conferred under Section 1(3) of the Insolvency and Bankruptcy Code, 2016 brought into force the following provisions of the Insolvency and Bankruptcy Code, 2016 insofar as they related to 'personal guarantors to corporate debtors' with effect from 01.12
(2020) 10 JT 233 : (2020) 12 SCALE 690

(127) CHUNTHURAM Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 29-10-2020
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Conviction and sentence - Appeal against - Witness here knew the victim, allegedly saw the fatal assault on the victim and yet kept quiet about the incident. If PW4 had the occasion to actually witness the assault, his reaction and conduct does not match upto ordinary reaction of a person who knew the deceased and his family. His testimony therefore deserves to be discarded - On the motive aspect, the land dispute was finally decided and it
(2020) AIRSC 5495 : (2020) 10 JT 201 : (2020) 4 MLJCriminal 505 : (2020) 12 SCALE 224

(128) TOFAN SINGH Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 29-10-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 53 - All the investigative powers vested in an officer in charge of a police station under the CrPC including the power to file a charge-sheet are vested in these officers when dealing with an offence under the NDPS Act - Section 53 is located in a statute which contains provisions for the prevention, detection and punishment of crimes of a very serious nature.
(2020) AIRSC 5592 : (2020) 12 SCALE 519

(129) BALAJI BALIRAM MUPADE AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 29-10-2020
Constitution of India, 1950 - Article 21 - Delay in delivery of judgments has been observed to be a violation of Article 21 of the Constitution of India.
(2020) AIRSC 5758 : (2020) 6 ALT 167 : (2020) 8 MLJ 276 : (2020) 12 SCALE 686

(130) MRS RITIKA SHARAN Vs. MR SUJOY GHOSH [SUPREME COURT OF INDIA] 28-10-2020
Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Cruelty - Grant of Custody of Child - Appellant was working in Singapore and seek a direction to the respondent to handover the passport of the child and also alleges that the respondent was suffering from a psychiatric disorder he cannot be granted the custody of the child - In matters such as the present case, the welfare of the minor child is of paramount concern - The jurisdiction of this Court under Article 142 of the Constitution is a facili
(2020) 3 DMC 522 : (2020) 10 JT 236 : (2020) 8 MLJ 269 : (2020) 4 RCRCivil 894 : (2020) 12 SCALE 442

(131) SMRITI MADAN KANSAGRA Vs. PERRY KANSAGRA [SUPREME COURT OF INDIA] 28-10-2020
Guardians and Wards Act, 1980 - Section 7, 8, 10 and 11 - Transnational child custody - Father was entitled to the permanent custody of child - Father should obtain a 'mirror order' from Foreign Courts - Object of a mirror order is to safeguard the interest of the minor child in transit from one jurisdiction to another, and to ensure that both parents are equally bound in each State - The mirror order is passed to ensure that the courts of the country where the child is being shifted are aware o
(2020) 12 SCALE 450

(132) DHARMENDRA KUMAR SINGH Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 28-10-2020
Uttar Pradesh Mining Minerals (Concession) Rules, 1963 - Rule 40(h) - Disruption of mining operations in a lease area owing to any special circumstances - Consequences of the disruption of mining operations in a lease area owing to any special circumstances and requires the DM, with the prior approval of the State Government, to adjust the amount equivalent to the installments payable during the disrupted period against forthcoming installments - Thus, monetary adjustment is all that has been pr
(2020) AIRSC 5360 : (2020) 12 SCALE 247

(133) SATYAMA DUBEY AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-10-2020
Constitution of India, 1950 - Article 32 - Hathras Gang Rape and Murder Case - Monitoring of proceedings/investigation - Incident having occurred within the jurisdiction of Allahabad High Court and all particulars being available, it would be appropriate for the High Court to proceed to monitor the investigation in the manner in which it would desire - Not find it necessary to divest the High Court of the proceedings and take upon this Court to monitor the proceedings/investigation
(2020) AIRSC 5346 : (2020) 10 JT 126 : (2020) 12 SCALE 216

(134) M/S. L&T HOUSING FINANCE LIMITED Vs. M/S. TRISHUL DEVELOPERS AND ANOTHER [SUPREME COURT OF INDIA] 27-10-2020
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 2(zd) and 13(2) - Secured Creditor - Term loan of Rs. 20 crores - Respondents failed to maintain financial discipline and subsequently became a defaulter - Since the respondents failed to make their outstanding payment, under the given circumstances the appellant classified the account of the respondents as (NPA) on 15th April, 2017 and sent a notice of demand dated 14th June, 2017 - W
(2020) AIRSC 5339 : (2020) 4 RCRCivil 876 : (2020) 12 SCALE 229

(135) RAJESH DHIMAN Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 26-10-2020
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 50 - Recovery of 3kg 100gms charas - Compliance with Section 50 - Safeguards for search of a person would not extend to his bag or other article being carried by them - Given how the narcotics have been discovered from a backpack, as per both the prosecution and defence versions, there arises no need to examine compliance with Section 50 of NDPS Act
(2020) AIRSC 5353 : (2020) 10 JT 134 : (2020) 2 OriLawRev 957 : (2020) 12 SCALE 122

(136) M. RAVINDRAN Vs. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE [SUPREME COURT OF INDIA] 26-10-2020
Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Constitution of India, 1950 - Article 21 - Default bail - As a cautionary measure, the counsel for the accused as well as the magistrate ought to inform the accused of the availability of the indefeasible right under Section 167(2) once it accrues to him, without any delay. This is especially where the accused is from an underprivileged section of society and is unlikely to
(2020) AIRSC 5245 : (2020) 374 ELT 641 : (2020) 10 JT 383 : (2020) 6 KLT 127 : (2020) 4 MLJCriminal 459 : (2020) 4 RCRCriminal 800 : (2020) 12 SCALE 191

(137) THE STATE OF TAMIL NADU Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-10-2020
Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Act, 1993 - Admission - Reservation for Other Backward Classes (OBC) - There is no legal or constitutional impediment for extending the benefit of reservation to the Other Backward Class candidates in the State surrendered All India Quota seats of the under-graduate and postgraduate medical courses in the State-run medi
(2020) AIRSC 5451 : (2020) 12 SCALE 185

(138) SURESH CHANDRA Vs. JOGA SINGH BISHT AND OTHERS [SUPREME COURT OF INDIA] 26-10-2020
Excise Act, 1944 - Sections 34 and 36 - Re-settlement of licence for foreign liquor shop - Respondent has misled the High Court by contending that he is willing to offer a higher amount. Such an offer should not have been entertained as he did not participate in the resettlement process - If such petitions are encouraged, there will be no finality to any license or permission granted by the Government, especially when there is no complaint of any malafides, favoritism or nepotism - Appellant sha
(2020) 12 SCALE 181

(139) RAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 26-10-2020
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20, 20(ii), 20(ii)(C) and 42 - Recovery of charas - Quantity of seized charas was 1 kg 230 gms but the pure resin content was only 424 gms - Minimum mandatory sentence - The law on minimum mandatory sentence, both at the time of commission of the offence and at the stage of appeal, prohibits any imprisonment lower than a term of ten years - Section 20(ii) of the NDPS Act, as it stood before the amendment of 2001, specified that whe
(2020) AIRSC 5375 : (2020) 10 JT 142 : (2020) 4 RCRCriminal 873 : (2020) 12 SCALE 138

(140) NAVIN CHANDRA DHOUNDIYAL Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 16-10-2020
Service Law - Claim to re-employment - continuation in service - Appellants are working as Professors in various disciplines in Kumaun University - They argued that they were entitled to continue in service, on extension up to the end of June, 2021 - They had relied on a previous judgment of the Division Bench of the High Court - Dr. Indu Singh vs. State of Uttarakhand, (2017) SCC Online 1527 - In that judgment, the Division Bench had, on an interpretation of the relevant provisions (which were
(2020) 6 ALT 109 : (2020) 11 SCALE 569