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Latest Cases

(161) IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS[SUPREME COURT OF INDIA] 13-04-2020
(COVID 19) - Release of prisoners - No prisoner shall be released if he/she has suffered from coronavirus disease in communicable form hereafter - For this purpose, appropriate tests will be carried out - By order dated 23.03.2020, This Court directed the States/Union Territories to constitute High Powered Committees which could decide which prisoners may be released on interim bail or parole during the pandemic (COVID 19) - The purpose was to prevent the overcrowding of prisons so that in case

(162) P. GOPINATHAN PILLAI Vs. UNIVERSITY OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 08-04-2020
Kerala University Act, 1974 - Section 2(27) and 2(28) - Service Law - Appellant claiming to continue in service till he attains the age of 60 years - Learned counsel for the appellant has relied on the judgment of this Court in S. Ramamohana Rao vs. A.P. Agricultural University and another, 1997 (8) SCC 350 - In the above case the appellant was working as a Director of Physical Director in the Bapatla Agricultural College - Appellant was initially appointed as Physical Director in Agricultural C
(2020) AIRSC 2129

(163) RAMJIT SINGH KARDAM AND OTHERS Vs. SANJEEV KUMAR AND OTHERS [SUPREME COURT OF INDIA] 08-04-2020
Haryana School Education (Group-C) State Cadre Service Rules, 2012 – Rules 9(5) and 20 - Service Law - Selection - Post of Physical Training Instructor - When the continuance of a person on a post is by virtue of an interim order, the continuance is always subject to outcome of the litigation - Displacement of appellants from their posts is inevitable consequence of upholding of the judgment of the High Court - A Constitution Bench of this Court in C. Channabasavaih Etc. Etc. vs. State of Mysore
(2020) AIRSC 2060

(164) SHASHANK DEO SUDHI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-04-2020
Constitution of India, 1950 - Article 32 - Public Interest Litigation - Free of cost COVID- 19 test - This Court satisfied that the petitioner has made out a case for issuing a direction to the respondents to issue necessary direction to accredited private Labs to conduct free of cost COVID-19 test - Question as to whether the private Laboratories carrying free of cost COVID-19 tests are entitled for any reimbursement of expenses incurred shall be considered later on - Tests relating to COVID-19

(165) JERRYL BANAIT Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 08-04-2020
The World Health Organisation (WHO) has declared COVID-19 as pandemic on 11.03.2020. According to WHO, Coronaviruses are a large family of viruses which can cause illness in humans, known to cause respiratory infections. People can expose themselves to COVID-19 from others who carry the virus. The disease can spread from person to person through small droplets from the nose or mouth which are spread when a person with COVID-19 coughs or exhales. The droplets land on surfaces around the person an

(166) In Re: Guidelines for Court Functioning through Video Conferencing During Covid-19 Pandemic[SUPREME COURT OF INDIA] 06-04-2020
COVID-19 outbreak - Supreme Court of India and High Courts have adopted measures to reduce the physical presence of lawyers, litigants, court staff, para legal personnel and representatives of the electronic and print media in courts across the country and to ensure the continued dispensation of justice.

(167) NEW DELHI TELEVISION LIMITED Vs. DEPUTY COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 03-04-2020
Sections 147 proviso 2 and 148 - Scrutiny Notice - If the revenue is to rely upon the second proviso and wanted to urge that the limitation of 16 years would apply, then in opinion in the notice or at least in the reasons in support of the notice, the assessee should have been put to notice that the revenue relies upon the second proviso - The assessee could not be taken by surprise at the stage of rejection of its objections or at the stage of proceedings before the High Court that the notice i
(2020) AIRSC 2177

(168) UNION OF INDIA AND OTHERS Vs. R. THIYAGARAJAN [SUPREME COURT OF INDIA] 03-04-2020
Disaster Management Act, 2005 - Section 44 - Disaster Management (National Disaster Response Force) Rules, 2008 - Rule - 75 - Deputation Allowance - Jurisdiction of High Court - Till 11.09.2009 the respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF - His organis
(2020) AIRSC 2262

(169) SAI WARDHA POWER GENERATION LIMITED Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION AND OTHERS [SUPREME COURT OF INDIA] 03-04-2020
Electricity Act, 2003 - Levy of wheeling charges - Transmission licence - It was contended on behalf of HPCL that 110 kV HPCL line is a transmission line - The metering for HPCL is done at TPC-D sub-station which is admittedly a transmission asset - The CEA Regulations 2010, the Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2016 and the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2016 provide for demarcation betwee

(170) BHAGWAT SHARAN (DEAD THROUGH LRS.) Vs. PURUSHOTTAM AND OTHERS [SUPREME COURT OF INDIA] 03-04-2020
Joint Hindu family Property - Suit for Partition - Person who once takes the benefit of a portion of Will cannot challenge the remaining portion of the Will - It is trite law that a party cannot be permitted to approbate and reprobate at the same time. This principle is based on the principle of doctrine of election. In respect of Wills, this doctrine has been held to mean that a person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will
(2020) AIRSC 2361

(171) IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES[SUPREME COURT OF INDIA] 03-04-2020
Juvenile Justice (Care and Protection of Children) Act, 2015 - COVID-19 pandemic - Interest of children, all of whom fall within the ambit of Act - Directions and Guidelines issued.

(172) JUSTICE FOR RIGHTS FOUNDATION AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS] 03-04-2020

COVID-19 pandemic - Distribution of surgical /n95 masks and also the sale and distribution of hand sanitizers and liquid soap and to make such items available to the public at large at reasonable prices - Helpline to be provided at the control rooms responding to complaints by persons who are not able to secure surgical/n95 masks and the hand sanitizers and liquid soaps at the prices fixed by the Government of India.

(173) RAJA @ AYYAPPAN Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 01-04-2020
Terrorist and Disruptive Activities (Prevention) Act, 1987 – Sections 3(3), 4(1), 15 and 19 – Confession of co-accused – Confession of co-accused is inadmissible against another accused if they were tried separately
(2020) AIRSC 2373

(174) ALEMBIC PHARMACEUTICALS LIMITED Vs. ROHIT PRAJAPATI AND OTHERS [SUPREME COURT OF INDIA] 01-04-2020
Environmental Clearances - Circular - Grant of ex post facto environmental clearances - The NGT issued a slew of directions including the revocation of environmental clearances and for closing down industrial units operating without valid consents - NGT dismissed review application - The EIA notification stipulated that any person who desired to undertake a new project, or the expansion or modernisation of an existing industry, listed in Schedule-I shall submit an application to the Secretary, M

(175) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-03-2020
Allow of sale of 10% of unsold BS-IV Vehicles for 10 days after lockdown in the country except in Delhi-NCR - With respect to unsold vehicles as the manufacturer should have been ready because of deadline set for BS-VI compliant vehicles, there is no justification to extend the time which was fixed long time ago - This is not something new which has occurred, it would be further injurious and further burden on human health to be caused by pollution of BS-IV vehicles when BS-VI vehicles are suppo

(176) AZAM KHAN Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 27-03-2020
Penal Code, 1860 - Sections 420, 467, 468 and 471 - Grant of interim bail - Medical grounds - Applicant is a builder who is alleged to have defrauded nearly 1400 persons and to have collected an amount of over Rs 40 crores - Since the applicant has been in custody for over three and half years and has suffered from cancer for which he had to undergo surgery - It appropriate and proper to direct release of the applicant on interim bail for a period of six weeks - This shall be subject to the cond

(177) SUBRATA BHATTACHARYA Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-03-2020
Bail - Humanitarian grounds - There is no member of the family who is available to look after the spouse of the applicant and she is presently in the care of domestic staff - Applicant's spouse had undergone three invasive open heart cardiac surgeries in the past and that she suffers from other serious medical conditions - In the past, when the applicant was released on interim bail, he had complied with the conditions which were imposed by the Court and had returned to custody as directed. He h

(178) NORTH DELHI MUNICIPAL CORPORATION Vs. GNCTD [SUPREME COURT OF INDIA] 27-03-2020
Registration of vehicles - As per the details of vehicles and chassis number filed by learned counsel, pursuant to this Court's order, as they have already been purchased and are BS-IV compliant, as a one time measure they are ordered to be registered within ten days of lifting of lock-down in the city concerned, as the other variants i.e. Petrol/CNG are not available and the vehicles are for essential services - In future BS-VI compliant vehicles be purchased and no application be entertained i

(179) KHURSHID KHAN Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 27-03-2020
Penal Code, 1860 (IPC) -Sections 419, 420, 467, 468 and 471 - Allegation is that the appellant had sold the same flat to two persons - Continued custody of the appellant is not warranted - Charges have already been framed - Appellant has been in custody for over a year and three months - This Court direct that the appellant be released on bail on his furnishing a personal bond in the sum of Rs 50,000 with one solvent surety of the like amount to the satisfaction of the trial court, subject to th

(180) NEELAM MANMOHAN ATTAVAR Vs. MANMOHAN ATTAVAR (D) THR LRS. [SUPREME COURT OF INDIA] 27-03-2020
Matrimonial Dispute - Petitioner has stated in her application that she is left homeless - Petitioner was in occupation of a guest house which she is required to vacate - In the present situation, particularly having regard to the public health crisis - Interest of justice would require the Court to pass a pro tem order, without prejudice to the rights and contentions of the parties - It clear that this Court are not entering into the merits of the rival contentions between the parties which wil