ive

Latest Cases

(161) KARULAL AND OTHERS Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 09-10-2020
Penal Code, 1860 (IPC) - Sections 148, 302 and 149 - Murder - Testimony of the related witness, if found to be truthful, can be the basis of conviction - This Court Have every reason to believe that PW3 and PW12 were immediately present at the spot and identified the accused with various deadly weapons in their hands
(2020) 10 JT 82 : (2020) 4 RCRCriminal 666 : (2020) 11 SCALE 677

(162) BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED AND OTHERS Vs. DALBIR KAUR [SUPREME COURT OF INDIA] 09-10-2020
Insurance Act, Section 45 - Life Insurance Corporation Act, 1956 - Section 30 - Life insurance - Mediclaim - Death occurred within a period of one month and seven days from the issuance of policy - A contract of insurance is one of utmost good faith. A proposer who seeks to obtain a policy of life insurance is duty bound to disclose all material facts bearing upon the issue as to whether the insurer would consider it appropriate to assume the risk which is proposed. It is with this principle in
(2020) AIRSC 5210 : (2020) 4 CivCC 142

(163) MISS' A Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 08-10-2020
Sexual Offences - Confidentiality - In these matters utmost confidentiality is required to be maintained - High Court completely erred in appreciating the directions issued by Supreme Court in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna, (2014) 8 SCC 913 - Appeal Allowed.
(2020) AIRSC 4903 : (2020) 10 JT 183 : (2020) 6 KLT 545 : (2020) 4 MLJCriminal 338 : (2020) 2 OriLawRev 836 : (2020) 4 RCRCriminal 673 : (2020) 11 SCALE 636

(164) ANKITA KAILASH KHANDELWAL AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 08-10-2020
Maharashtra Prohibition of Ragging Act, 1999 - Section 4 - Penal Code, 1860 (IPC) - Section 306 and 34 - Constitution of India, 1950 - Article 21 - Abetment to Suicide - Ragging - If the law presumes an accused to be innocent till his guilt is proved - Accused as presumably innocent persons, are entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution and are entitled to pursue their course of study so long as exercise of said right do
(2020) AIRSC 4874 : (2020) ALLMRCri 3692 : (2020) 10 JT 90 : (2020) 4 MLJCriminal 226 : (2020) 11 SCALE 649

(165) COMMISSIONER OF POLICE AND ANOTHER Vs. UMESH KUMAR [SUPREME COURT OF INDIA] 07-10-2020
Service Law - Appeal against Appointment - Post of Constable (Executive) in Delhi Police - Failed to secure marks of cut-off in OBC category - Respondents have participated in the selection process and upon the declaration of the revised result, it has emerged before the Court that they have failed to obtain marks above the cut-off for the OBC category to which they belong - High Court has been manifestly in error in issuing a mandamus to the appellants to appoint the respondents on the post of
(2020) AIRSC 4786 : (2020) 10 JT 108 : (2020) LIC 4104 : (2020) 11 SCALE 452 : (2020) 4 SCT 551

(166) AMIT SAHNI Vs. COMMISSIONER OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 07-10-2020
Constitution of India, 1950 - Articles 19 and 19(1)(b) - Shaheen Bagh Case - Right to assemble peacefully without arms - Manner of dissent against colonial rule cannot be equated with dissent in a self-ruled democracy - Right to protest and express dissent, but with an obligation towards certain duties. Article 19, one of the cornerstones of the Constitution of India, confers upon its citizens two treasured rights, i.e., the right to freedom of speech and expression under Article 19(1)(a) and th
(2020) AIRSC 4704 : (2020) 10 JT 363 : (2020) 7 MLJ 773 : (2020) 2 OriLawRev 863 : (2020) 11 SCALE 643

(167) SATYA DEO @ BHOOREY Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 07-10-2020
Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 15 and 20 - Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Plea of juvenility - It is thus well settled that in terms of Section 20 of the 2000 Act, in all cases where the accused was above 16 years but below 18 years of age on the date of occurrence, the proceedings pending in the court would continue and be taken to the logical end subject to an exception that upon finding the juvenile to be guilty, the court woul
(2020) AIRSC 4826 : (2020) 10 JT 349 : (2020) 4 MLJCriminal 210 : (2020) 4 RCRCriminal 681 : (2020) 11 SCALE 462

(168) T.K. DAVID Vs. KURUPPAMPADY SERVICE CO-OPERATIVE BANK LIMITED AND OTHERS [SUPREME COURT OF INDIA] 05-10-2020
Constitution of India, 1950 - Article 136 - Appeal by way of SLP - Appeal against rejection of review application - Special leave petition is not maintainable since the main judgment is not challenged
(2020) AIRSC 4662 : (2020) 6 CTC 218 : (2020) 3 DNJ 1130 : (2020) 9 JT 436 : (2020) 11 SCALE 446 : (2020) 9 SCC 92

(169) PRAVASI LEGAL CELL AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 01-10-2020
Airfare refund - Passengers who booked tickets at any period of time but for travel after 24th May, 2020 – refund of fares to the passengers covered under this category shall be governed by the provisions of Civil Aviation Requirements (CAR)
(2020) 7 MLJ 662 : (2020) 11 SCALE 514

(170) M/S ARUN KUMAR KAMAL KUMAR AND OTHERS Vs. M/S SELECTED MARBLE HOME AND OTHERS [SUPREME COURT OF INDIA] 01-10-2020
Arbitral proceedings - Reduction in the rate of interest applicable to post award interest - There is also no merit in the contention of the learned senior counsel for the appellants that the appellants’ statement of accounts erroneously deducted expenses incurred on electricity and water from the sales instead of deducting the same from commission of the respondents. The admitted position is that there was no electricity supply and the appellants used generator set for electricity. The contenti
(2020) AIRSC 4629 : (2020) 3 DNJ 1060 : (2020) 10 JT 117 : (2020) 11 SCALE 488

(171) GUJARAT MAZDOOR SABHA AND ANOTHER Vs. THE STATE OF GUJARAT [SUPREME COURT OF INDIA] 01-10-2020
Factories Act, 1948 - Section 5 - Power to exempt during public emergency - Section 5 of the Factories Act could not have been invoked to issue a blanket notification that exempted all factories from complying with humane working conditions and adequate compensation for overtime, as a response to a pandemic that did not result in an 'internal disturbance' of a nature that posed a 'grave emergency' whereby the security of India is threatened. In any event, no factory/classes of factories could ha
(2020) AIRSC 4601 : (2020) 10 JT 307 : (2020) 4 LabLN 14 : (2020) LIC 4242 : (2020) 4 LLJ 257 : (2020) 11 SCALE 530 : (2020) 4 SCT 534

(172) GURCHARAN SINGH Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 01-10-2020
Penal Code, 1860 (IPC) - Sections 107 and 306 - Suicide - Abetment - Ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous.
(2020) AIRSC 4714 : (2020) 4 MLJCriminal 220 : (2020) 4 RCRCriminal 622 : (2020) 4 RLW 3340 : (2020) 11 SCALE 508 : (2020) 10 SCC 200

(173) M/S MAGMA FINCORP LIMITED Vs. RAJESH KUMAR TIWARI [SUPREME COURT OF INDIA] 01-10-2020
Hire Purchase Agreement - Until the option to purchase is exercised by the hirer, upon payment of all amounts agreed upon between the hirer and the Financier, the financier continues to be owner of the goods being the subject of hire purchase - There can be no impediment to the Financier taking possession of the vehicle when the hirer does not make payment of instalments/hire charges in terms of the Hire Purchase Agreement
(2020) AIRSC 4978 : (2020) 6 AllLJ 660 : (2020) 3 DNJ 1085 : (2020) 9 JT 442 : (2020) 4 RCRCivil 595 : (2020) 11 SCALE 414 : (2020) SCR 399

(174) SUBED ALI AND OTHERS Vs. THE STATE OF ASSAM [SUPREME COURT OF INDIA] 30-09-2020
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Common intention - Absence of a positive act of assault was not a necessary ingredient to establish common intention - No further evidence is required with regard to existence of common intention in appellant no.1 to commit the offence in question - No reason to grant any benefit to appellant no.1 on the plea that there is no role or act of assault attributed to him, denying the existence of any common intention for that reason - Appeal dis
(2020) AIRSC 4657 : (2020) CriLJ 4816 : (2020) 9 JT 487 : (2020) 11 SCALE 408

(175) NEETU YADAV Vs. SACHIN YADAV [SUPREME COURT OF INDIA] 30-09-2020
Transfer of Divorce Petition - Family Court at Delhi and Appellant resides at Indore (MP) - Claim of the petitioner that she is now staying with her parents is not disputed by the respondent - That both the children are staying with the petitioner is also not disputed - Elder child is a girl aged about 11 years and whenever the case is fixed for hearing, the petitioner has to travel about 800 kms - Petition allowed.
(2020) AIRSC 4548 : (2020) 6 ALT 1 : (2020) 3 DNJ 1058 : (2020) 9 JT 493 : (2020) 11 SCALE 633

(176) KAUSHIK CHATTERJEE Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 30-09-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 177 to 184 - Transfer petition - Territorial jurisdiction - Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code - Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshaled - Hence the transfer petitions are liable to be dismissed.
(2020) AIRSC 4633 : (2020) 9 JT 589 : (2020) 4 MLJCriminal 169 : (2020) 4 RCRCriminal 627 : (2020) 11 SCALE 397 : (2020) 10 SCC 92

(177) SATISH @ SABBE Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 30-09-2020
Penal Code, 1860 - Section 364A - Uttar Pradesh Prisoners Release on Probation Act, 1938 - Section 2 - Kidnapping for ransom - Release on Probation - Length of the sentence or the gravity of the original crime can't be the sole basis for refusing premature release - Any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of the prisoner while in jail, and not merely on his age or apprehensions of the victims and witnesses - As per the St
(2020) AIRSC 4623 : (2020) 6 AllLJ 258 : (2020) 9 JT 480 : (2020) 11 SCALE 390

(178) STATE OF MADHYA PRADESH AND OTHERS Vs. AMIT SHRIVAS [SUPREME COURT OF INDIA] 29-09-2020
Compassionate appointment - It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family - This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.
(2020) AIRSC 4541 : (2020) 5 ALT 276 : (2020) 2 ESC 603 : (2020) 9 JT 496 : (2020) 4 LabLN 47 : (2020) LIC 4311 : (2020) 11 SCALE 382 : (2020) 4 SCT 505

(179) MAHESHWAR TIGGA Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 28-09-2020
Penal Code, 1860 (IPC) - Sections 376, 323 and 341 - Sexual relations - False promise of marriage - Acquittal - Appellant did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between the parties - Prosecutrix was herself aware of the obstacles in their relationship because of different religious beliefs - An engagement ceremony was also held in the solemn belief that the societal obstacles would be overcome, but unfortunate
(2020) AIRSC 4535 : (2020) 9 JT 504 : (2020) 5 KHC 322 : (2020) 4 MLJCriminal 417 : (2020) 2 OriLawRev 931 : (2020) 4 RCRCriminal 469 : (2020) 11 SCALE 176 : (2020) 10 SCC 108

(180) ANWAR ALI AND ANOTHER Vs. THE STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 25-09-2020
Penal Code, 1860 (IPC) - Sections 302 - Murder - Acquittal - Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused
(2020) AIRSC 4519 : (2020) 9 JT 296 : (2020) 4 MLJCriminal 300 : (2020) 4 RCRCriminal 457 : (2020) 11 SCALE 239 : (2020) 10 SCC 166