(141) MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED Vs. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH AND ANOTHER [SUPREME COURT OF INDIA] 05-08-2020 Drugs and Cosmetics Act, 1940 - Sections 25, 25(1), 25(2), 25(3) and 25(4) - Supply of expired tubes of clotrimazole cream in medical store - Appeal against order of blacklisting - There is considerable unexplained delay on the part of the Drug authorities and the Respondent resulting in the first and second samples being tested late - Second sample being tested 8 months after its shelf life had expired - Order of blacklisting set aside - Appeal allowed.
(142) M/S. EXL CAREERS AND ANOTHER Vs. FRANKFINN AVIATION SERVICES PRIVATE LIMITED [SUPREME COURT OF INDIA] 05-08-2020 Civil Procedure Code, 1908 - Order 7 Rule 10 and Order 7 Rule 10A - Return of plaint - If a plaint is returned under Order VII Rule 10 and 10A, for presentation in the court in which it should have been instituted, whether the suit shall proceed de novo or will it continue from the stage where it was pending before the court at the time of returning of the plaint, Held Suit in new Court has to Proceed De Novo on Return of Plaint
(143) RAVINDER KAUR GREWAL AND OTHERS Vs. MANJIT KAUR AND OTHERS [SUPREME COURT OF INDIA] 31-07-2020 Civil Procedure Code, 1908 (CPC) - Section 100 - Registration Act, 1908 - Section 17(2)(v) - Ownership rights - Memorandum of settlement - A family settlement was arrived at in 1970 and also acted upon by the concerned parties - That finding of fact recorded by the first appellate Court being unexceptionable, it must follow that the document was merely a memorandum of a family settlement so arrived at - Resultantly, it was not required to be registered and in any case, keeping in mind the settle
(144) SUKH SAGAR MEDICAL COLLEGE AND HOSPITAL Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 31-07-2020 Indian Medical Council Act, 1956 - Sections 10A and 11 - General Clauses Act, 1897 - Section 21 - Gross deficiency by Medical college - Revocation of Essentiality Certificate - Power of State Government - Section 21 of the 1897 Act cannot be invoked and in absence of an express provision in the IMC Act or the 1999 Regulations empowering the State Government to revoke or cancel the Essentiality Certificate, such a power cannot be arrogated by the State relying on Section 21 - That, however, does
(145) PREM CHAND Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 30-07-2020 Prevention of Food Adulteration Act, 1954 - Section 2(1a)(f) and 16(1) - Sale of adulterated Haldi Powder and too without licence - Acquittal - Report of the public analyst does not mention that the sample was either "insect infested" or was "unfit for human consumption", in the absence of such an opinion, the prosecution has failed to establish the requirements of Section 2 (1a)(f) of the Act - Appeal allowed.
(146) B.B.M ENTERPRISES Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 30-07-2020 Arbitration and Conciliation Act, 1996 - Section 34 - Application for setting aside arbitral award - Award was assailable on the basis of unamended provisions of Section 34 of the Arbitration and Conciliation Act, the Court would expect that there would be some discussion on the merits of the objection on the award and not a mechanical affirmation of the award by simply stating that the award does not come within any of the grounds of challenge enumerated in Section 34 of the Act - Trial Judge d
(147) SHREE CHOUDHARY TRANSPORT COMPANY Vs. INCOME TAX OFFICER [SUPREME COURT OF INDIA] 29-07-2020 Income Tax Act, 1961 - Section 194C - Tax Deduction at Source - Applicability of Section 194C - Question of TDS under Section 194C(2) would have arisen only if the payment was made to a "sub-contractor" and that too, in pursuance of a contract for the purpose of "carrying whole or any part of work undertaken by the contractor" - Held, Learned counsel for the appellant has made an attempt to distinguish the nature of contract in Palam Gas Service vs. Commissioner of Income-Tax, (2017) 394 ITR 30
(148) DR. ASWATHY R.S. KARTHIKA AND OTHERS Vs. DR. ARCHANA M. AND OTHERS [SUPREME COURT OF INDIA] 29-07-2020 Service Law - Appointment - Post of Medical Officer (Homeo) - 1% reservation was provided to the Hindu Nadar Community - Circular of the Commission could not adversely affect the claim of the appellants - Commission was bound to fill up the shortfall in the vacancies reserved for the Hindu Nadar Community.
(149) UNION OF INDIA AND OTHERS Vs. LT. COL. S. S. BEDI [SUPREME COURT OF INDIA] 29-07-2020 Army Act, 1950 - Section 71 and 71(h) - General Court Martial - Cashiering from service - Pensionary benefits - If the penalty imposed by the Court Martial of cashiering from service is upheld, forfeiture of all the pensionary benefits of the Appellant is not automatic - No order as contemplated in Section 71 (h) of the Army Act, 1950 forfeiting his pension has been directed by the General Court Martial - Punishment that may be inflicted in respect of offences committed by persons under the Army
(150) VED PRAKASH GOEL @ VED GOEL AND ANOTHER Vs. S.D. SINGH AND ANOTHER [SUPREME COURT OF INDIA] 29-07-2020 Motor Vehicles Act, 1988 - Section 166 - Motor accident - Compensation - Increase of multiplier - In the age group of 15- 25 years, the multiplier has to be '18' along with factoring in the extent of disability.
(151) PARMINDER KAUR @ P.P. KAUR @ SONI Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 28-07-2020 Penal Code, 1860 (IPC) - Sections 366A and 506 - Criminal Procedure Code, 1973 (CrPC) - Sections 313 - Illicit intercourse - Appellant called the prosecutrix to her house and tried to entice her to indulge in illicit intercourse with the rich tenant boy in return for clothes and trips from him - Appeal against conviction and sentence - Important links of the story, including what happened in the crucial five minutes when the girl was locked inside the room or how the male tenant reacted, are mis
(152) SHAILENDRA SWARUP Vs. THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 27-07-2020 Foreign Exchange Regulation Act, 1973 - Sections 8(3), 8(4) and 68 - Restrictions on dealing in foreign exchange - Erroneously imposition of penalty - Non submission of the Exchange Control copy of the custom bills of Entry/Postal Wrappers as evidence of import of goods into India - High Court dismissed the appeal of the appellant holding that reply dated 29.10.2003 of the appellant taking the plea that he was only a part-time Director was only an afterthought - The High Court further held that
(153) SHAILENDRA SWARUP Vs. THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 27-07-2020 Foreign Exchange Regulation Act, 1973 - Sections 8(3), 8(4) and 68 - Restrictions on dealing in foreign exchange - Erroneously imposition of penalty - Non submission of the Exchange Control copy of the custom bills of Entry/Postal Wrappers as evidence of import of goods into India - High Court dismissed the appeal of the appellant holding that reply dated 29.10.2003 of the appellant taking the plea that he was only a part-time Director was only an afterthought - The High Court further held that
(154) ERUDHAYA PRIYA Vs. STATE EXPRESS TRANSPORT CORPORATION LIMITED [SUPREME COURT OF INDIA] 27-07-2020 Motor Vehicles Act, 1988 - Section 166 - Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 - Rule 3(1) - Accident - Compensation - Enhancement of - High Court, confirming the findings of negligence of the bus driver, reduced the compensation to Rs. 25,00,000/- primarily on the ground that the multiplier method for quantifying loss of earning power has been wrongly applied as it had not come on record as to how the injuries suffered by the appellant would have a bearing on her earnin
(155) R. PALANISAMY AND OTHERS Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS AND OTHERS [SUPREME COURT OF INDIA] 24-07-2020 Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Section 68 - Qualification for promotion to the post of Junior Bailiff - High Court rejected the claim on the ground that the previous judgment of the Court dated 22.7.2009 in the batch of cases is no longer of any relevance, after the coming into force of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and that the date on which the vacancies arose cannot determine the Rule applicable for recruitment by promoti
(156) R. PALANISAMY AND OTHERS Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS AND OTHERS [SUPREME COURT OF INDIA] 24-07-2020 Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Section 68 - Qualification for promotion to the post of Junior Bailiff - High Court rejected the claim on the ground that the previous judgment of the Court dated 22.7.2009 in the batch of cases is no longer of any relevance, after the coming into force of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and that the date on which the vacancies arose cannot determine the Rule applicable for recruitment by promoti
(157) SUNIL RATHEE AND OTHERS Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020 Constitution of India, 1950 - Article 139A - Jurisdiction to direct transfer or withdrawal of a case pending in a High Court - Substantial questions of general importance - Provision of Article 139A of the Constitution relating to withdrawal of a case from a High Court to this Court on the ground of pendency before this Court of a case involving same or similar questions of law contemplates fulfilment of two conditions. First, in the case pending before this Court, the questions of law involved
(158) SUNIL RATHEE AND OTHERS Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020 Constitution of India, 1950 - Article 139A - Jurisdiction to direct transfer or withdrawal of a case pending in a High Court - Substantial questions of general importance - Provision of Article 139A of the Constitution relating to withdrawal of a case from a High Court to this Court on the ground of pendency before this Court of a case involving same or similar questions of law contemplates fulfilment of two conditions. First, in the case pending before this Court, the questions of law involved
(159) UNION OF INDIA AND ANOTHER Vs. N K SRIVASTA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020 Consumer Protection Act, 1986 - Medical Negligence - Death of New born Child - Baby was not placed in a Nursery ICU, but was initially admitted to the General Ward and thereafter to a General ICU - Compensation - Appeal against - NCDRC reversed the finding on maintainability which was in favour of Safdarjung Hospital in a revision by Sarvodaya Hospital - It attempted to do "complete justice", ignoring that it is not entrusted with the jurisdiction which is exclusively conferred on this Court und
(160) SHIV RAJ GUPTA Vs. COMMISSIONER OF INCOME-TAX, DELHI-IV [SUPREME COURT OF INDIA] 22-07-2020 Income Tax Act, 1961 - Section 28(ii)(a) - Compensation for termination of management of CDBL - Non-competition fee by executing deed of covenant - Payment received as non-competition fee under a negative covenant was always treated as a capital receipt till Assessment Year 2003-2004. It is only vide the Finance Act, 2002 with effect from 1-4-2003 that the said capital receipt is now made taxable [see Section 28(v-a)]. The Finance Act, 2002 itself indicates that during the relevant assessment ye