ive

Latest Cases

(121) RHEA CHAKRABORTY Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020
Penal Code, 1860 - Sections 341, 342, 380, 406, 420, 306, 506 and 120B - Criminal Procedure Code, 1973 (CrPC) - Section 406 - Unnatural death - Transfer of Investigations from one police station to another - Power under section 406 CrPC, it must be concluded that only cases and appeals (not investigation) can be transferred - Scope of exercise of this power is for securing the ends of justice - Precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court bel

(122) CENTRE FOR PUBLIC INTEREST LITIGATION Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 18-08-2020
Transfer of PM CARES Fund to NDRF - Funds collected in the PM CARES Fund are entirely different funds, which are of a public charitable trust and there is no occasion for issuing any direction to transfer the funds to the NDRF - Petition dismissed

(123) PREET PAL SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 14-08-2020
Penal Code, 1860 (IPC) - Sections 304B, 498A and 406 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Wife commits suicide due to dowry harassment, cruelty and torture by husband - Appeal by father of victim against the order of High Court that granted the bail to the husband - It is nobody's case that the death of the victim was accidental or natural - There is evidence of demand of dowry, which the Trial Court has considered - Death took place within 7 or 8 months and there is oral evidence

(124) IN RE: PRASHANT BHUSHAN AND ANOTHER. …. ALLEGED CONTEMNOR(S)[SUPREME COURT OF INDIA] 14-08-2020
Contempt of Courts Act, 1971 - Sections 15 - Tweets which are based on the distorted facts amount to committing of 'criminal contempt'

(125) UNION OF INDIA AND ANOTHER Vs. M/S. K.C. SHARMA AND CO. AND OTHERS [SUPREME COURT OF INDIA] 14-08-2020
Transfer of Property Act, 1882 - Section 53A - Defence under Section 53A of the Transfer of Property Act, 1882 is available to a person who has agreement of lease in his favour though no lease has been executed and registered.

(126) M. RADHA HARI SESHU Vs. THE STATE OF TELANGANA [SUPREME COURT OF INDIA] 14-08-2020
Penal Code, 1860 (IPC) - Sections 498A, 304B and 302 - Criminal Procedure Code, 1973 (CrPC) - Section 389(1) - Dowry death - Suspension of sentence - Marriage of the deceased with appellant was performed on 2005 and they were blessed with two children - Father of the appellant was diagnosed with pancolitis disease - No case is made out for the offence under Section 304B and he was erroneously convicted for offence under Section 304B as well as 498A, IPC - Appellant is in jail since 15th Decemb

(127) BABULAL VARDHARJI GURJAR Vs. VEER GURJAR ALUMINIUM INDUSTRIES PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 14-08-2020
Insolvency and Bankruptcy Code, 2016 - Section 7 - Limitation Act, 1963 - Articles 62 and 137 - Period of limitation for application under Section 7 Insolvency and Bankruptcy Code, 2016 - Code is a beneficial legislation intended to put the corporate debtor back on its feet and is not a mere money recovery legislation - CIRP is not intended to be adversarial to the corporate debtor but is aimed at protecting the interests of the corporate debtor - Intention of the Code is not to give a new lease

(128) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-08-2020
. Municipal Law - Unauthorized Constructions - Private land - Whether the Monitoring Committee could have sealed the residential premises - Monitoring Committee is entitled to inspect the premises where encroachments are there on public land - It absolutely clear that Monitoring Committee did not entertain any doubt about the purpose for which it was constituted - Apart from that, it was authorized by subsequent orders to act with respect to unauthorized construction on the public land and roads

(129) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-08-2020
Motor Vehicles Act, 1988 - Registration of BS IV Vehicles - Order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be allowed after 31.03.2020 - There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made - Their registration during the lockdown period could not be made - This Court allow registration of such vehicles only which could not be registered durin

(130) VINEETA SHARMA Vs. RAKESH SHARMA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Hindu Succession (Amendment) Act, 2005 - Hindu Succession Act, 1956 - Sections 6, 6(1) and 6(3) - Coparcenary Rights - When Hindu Succession (Amendment) Act, 2005 came into force, daughters have coparcenary rights even if their father was not alive - Effect of the amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition

(131) COMMON CAUSE Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Mines and Minerals (Development and Regulation) Act, 1957 - Section 21(5) - Permission to resume regular mining operations - Delay in payment of the compensation along with interest is condoned - Applicant permitted to resume mining operations subject to all necessary clearances required in accordance with law being obtained - Competent Officers of the State of Orissa shall also conduct a joint verification of the undisposed stock and allow sale of the same by the Applicant on following due proc

(132) WONDER PROJECTS DEVELOPMENT PRIVATE LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Zoning Regulation of the Revised Master Plan, 2015 - Illegal project - Construction in buffer zone of Kaikondarahalli Lake - It is thus evident that as on the date the impugned order was passed the final round of inspection had not been completed and as such the NGT did not have the benefit of the final report by the Joint Committee for making a factual determination, to arrive at a conclusion keeping in view the legal position - Though the report of the Joint Committee is presently placed befor

(133) GOVERNMENT OF INDIA AND OTHERS Vs. ISRO DRIVERS ASSOCIATION [SUPREME COURT OF INDIA] 10-08-2020
Central Civil Services (Recognition of Service Association) Rules, 1993 - Rules 5(c) and 5(d) - Recognition of Service - Distinct category - Rule 5(d) which lays down that subsequent association with less than 35% of total number of categories can be recognized if it commands at least 15% of the membership - Respondent confining itself to drivers as members cannot command 15% of the total number of employees covered by the scheme in SDSC SHAR as the sanctioned strength of the drivers (around 160

(134) HARI KRISHNA MANDIR TRUST Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 07-08-2020
Maharashtra Regional and Town Planning Act, 1966 - Sections 88, 91, 125 and 126 - Deletion of the Public Road from the Town Planning Scheme - Appeal against the High Court dismissing Petition filed by the appellant, challenging an order, whereby the State Government refused to sanction modification of a Scheme under the provisions of Section 91 of the Act - High Court found the deletion of a public road

(135) RAMA NAND AND OTHERS Vs. CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2020
Service Law - Reorganisation Scheme - Post of Radio Telephone Operators (RTOs) - Grant of financial upgradations - Appellants were entitled to get their first financial upgradation on completion of 12 years of service in the DFS as Telephone Operators/RTOs, but that the same were denied since the respondents treated their conversion of the aforesaid posts as a promotion - Appellants filed before the CAT and succeeded and granted the pay scale of RTOs, i.e., Rs.380-560 on the principle of "equal

(136) JANHIT ABHIYAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2020
Constitution of India, 1950 - Article 145(3) - Supreme Court of Rules, 2013 - Order 38 Rule 1(1) - 10% quota for Economically Weaker Sections - Challenged - Amendments run contrary to the constitutional scheme, and no segment of available seats/posts can be reserved, only on the basis of economic criterion - Substantial questions of law to be considered by a Bench of five Judges - It is clear from the language of Article 145(3) of the Constitution and Order XXXVIII Rule 1(1) of the Supreme Court

(137) SHOR Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-08-2020
United Provinces Prisoners Release on Probation Act, 1938 - Section 2 - Murder of 11 persons - Premature release of prisoner - It is clear that under this Section what has to be seen by the State Government is (i) antecedents (ii) conduct in the prison and (iii) the person, if released, is likely to abstain from crime and lead a peaceable life. If having regard to these factors, the person is released, the State Government may do so on conditions stated in the Section - Merely repeating the fact

(138) AJOY DEBBARMA AND OTHERS Vs. STATE OF TRIPURA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2020
Service Law - Illegal Selection - Termination - 8,882 ad-hoc teachers were working in the School Education Department and in terms of the directions issued by the Supreme Court in the decision Tanmoy Nath vs State of Tripura, (2014) 2 TLR 731, were terminated after the Academic Session 2019-2020 was over - Some of them challenged this termination before the High Court of Tripura - The High court dismissed the petitions observing that petitioners are seeking review of the judgment rendered in Tan

(139) GANGADHAR ALIAS GANGARAM Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-08-2020
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(ii)(c), 8C and Section 37 - The stringent provisions of the NDPS Act, such as Section 37, absence of any provision for remission do not dispense with the requirements of prosecution to establish a prima facie case beyond reasonable doubt after investigation, only where after which the burden of proof shall shift to the accused - The gravity of the sentence and the stringency of the provisions will therefore call for a heighte

(140) THE CHAIRMAN, BOARD OF TRUSTEES, COCHIN PORT TRUST Vs. M/S AREBEE STAR MARITIME AGENCIES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 05-08-2020
Major Port Trusts Act, 1963 - Section 47-A - Whether the liability to pay "ground rent" on containers unloaded at Cochin Port, but not cleared by the consignees/importers and refused to be destuffed by the Port, on the ground of inadequate storage space, can be imposed on the owners of the vessel/steamer agents beyond the period of 75 days, fixed by the Tariff Authority of Major Ports, a statutory body constituted under Section 47-A of the Major Port Trusts Act, 1963 - Held, Steamer agents them