(21) STALIN Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 09-09-2020 Penal Code, 1860 (IPC) - Sections 302 - Murder - Single injury - There is no hard and fast rule that in a case of single injury Section 302 IPC would not be attracted - It depends upon the facts and circumstances of each case - The nature of injury, the part of the body where it is caused, the weapon used in causing such injury are the indicators of the fact whether the accused caused the death of the deceased with an intention of causing death or not - It cannot be laid down as a rule of univer
(22) RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND OTHERS Vs. GOVERDHAN LAL SONI AND ANOTHER [SUPREME COURT OF INDIA] 09-09-2020 Road Transport Corporation Act, 1950 - Section 45 - Rajasthan State Road Transport Corporation Employees Corporation Pension Regulations, 1989 - Regulations 3, 3(1), 3(k) and 43 - Rejection of pension - As per clause 11(b) in an Enterprise having pension scheme, the balance in CPF Account of surplus employees would be transferred to absorbing Enterprise for credit to the GPF Account of the employees and the Pension Fund in proportion of employees own subscription and organisation's contribution
(23) DR. JAISHRI LAXMANRAO PATIL Vs. THE CHIEF MINISTER AND ANOTHER [SUPREME COURT OF INDIA] 09-09-2020 Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018 - Section 4 - Stay on Reservation - Marathas Cannot Be Compared To Marginalized Sections - High Court reduced the quantum of Maratha reservation to 12% in educational institutions and 13% in public employment - State of Maharashtra has not shown any extraordinary situation fo
(24) SHREYAS SINHA Vs. THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES AND OTHERS [SUPREME COURT OF INDIA] 09-09-2020 West Bengal National University of Juridical Sciences Act, 1999 - Section 4A(3) - Admission to five-year law course - Reservation of seats for domicile - Appellant cannot be said to be a meritorious candidate in the Academic Session 2019-2020 - Benefit of reservation had been extended to the candidates by the Universities from the next Academic Session i.e. 2020-2021 - Since there is no mandate in the Amending Act to grant the benefit of reservation in the Academic Year 2019-2020, therefore, the
(25) M/S BANGALORE CLUB Vs. THE COMMISSIONER OF WEALTH TAX AND ANOTHER S[SUPREME COURT OF INDIA] 08-09-2020 Wealth-Tax Act, 1957 - Sections 21AA and 167A - Club Rules - Rule 35 - Liability to pay Wealth Tax - Determination - Assessing officer, without further ado, "after a careful perusal" of the rules of the Club, came to the conclusion that the rights of the members are not restricted only to user or possession, but definitely as persons to whom the assets of the Club belong - After referring to Section 167A, inserted into the Income Tax Act, 1961, and after referring to Rule 35 of the Club Rules, t
(26) SREI EQUIPMENT FINANCE LIMITED Vs. RAJEEV ANAND AND OTHERS [SUPREME COURT OF INDIA] 08-09-2020 Insolvency and Bankruptcy Code, 2016 - Section 7 - Resolution proceedings - NCLT came to the conclusion that a loan amount remained outstanding - NCLAT, when it dealt with the NCLT order, wrongly recorded that documents which were already rejected by the adjudicating authority could not have been the basis of the order of admission - NCLAT also wrongly recorded that there was no further evidence in support of the fact that any amount was outstanding. Further, the NCLAT also held that a 'document
(27) ASHOO SURENDRANATH TEWARI Vs. THE DEPUTY SUPERINTENDENT OF POLICE, EOW, CBI AND ANOTHER [SUPREME COURT OF INDIA] 08-09-2020 Exoneration in departmental proceedings - In case of exoneration, however, on merits where the departmental proceedings is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue
(28) THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. SMT. SOMWATI AND OTHERS [SUPREME COURT OF INDIA] 07-09-2020 Motor Accident Claims - Compensation - "Loss of Consortium" - Can be award to the legal heirs also
(29) THE KARAD URBAN COOPERATIVE BANK LIMITED Vs. SWWAPNIL BHINGARDEVAY AND OTHERS [SUPREME COURT OF INDIA] 04-09-2020 Insolvency and Bankruptcy Code, 2016 - Section 7 - Initiation of corporate insolvency resolution process by financial creditor - Resolution Plan - Re-submission of - Whether or not the corporate debtor can be kept running as a going concern have been placed before the Committee of Creditors and the CoC has taken a conscious decision to approve the resolution plan, then the adjudicating authority will have to switch over to the hands off mode - It is not the case of the corporate debtor or its pr
(30) R. POORNIMA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-09-2020 Service Law - Recruitment - Post of District Judges (Entry Level) - Grievance of the petitioners is that despite being the senior most in the cadre of District Judges, they have been overlooked and their juniors now recommended for elevation to the High Court as Judges - Petitioners want the experience gained by them as advocates to be clubbed together with the service rendered by them as Judicial Officers, for determining their eligibility - Once this clubbing is allowed, the Petitioners would
(31) RAGHAV GUPTA Vs. STATE (NCT OF DELHI) AND ANOTHER [SUPREME COURT OF INDIA] 04-09-2020 Prevention of Food Adulteration Rules, 1955 - Rule 32(e) - Misbranded Standards - Product already had the necessary barcode on it that contained all the relevant information as required by Rule 32(e) such as batch no./code no./lot no etc - That the barcode was available on the sample is not in dispute - In view of the fact that the relevant information under Rule 32(e) with regard to the lot/code/batch identification to facilitate it being traced to the manufacturer are available in the barcode
(32) RASHID KHAN PATHAN AND IN THE MATTER OF: IN RE: VIJAY KURLE AND OTHERS[SUPREME COURT OF INDIA] 03-09-2020 Contempt of Courts Act, 1971 - Scurrilous and scandalous allegations against the Judges of the Supreme Court - No remorse or any semblance of apology shown - The three contemnors were sentenced to imprisonment for a period of three months with a fine of Rs.2,000 - Contemnors seeking recall of the judgment - Ground raised in the appeal is that an application for recall is maintainable when principles of natural justice are violated - The application for recall of an order by which an earlier appl
(33) SHRIDHAR C. SHETTY (DECEASED) THR. LRS. Vs. THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 02-09-2020 Urban Land (Ceiling and Regulation) Act, 1976 - Sections 20, 21 and 38(4) - Grant of exemption - The plea of the appellant that the liability under the impugned demand rested upon respondent alone in view of the development agreement between the parties, and that the authorities had made any direct communication with the said respondents also does not merit any consideration in view of the facts of the case coupled with the provisions of the Act - The competent authority under the Act could have
(34) M/S BANDEKAR BROTHERS PVT. LTD. AND ANOTHER Vs. PRASAD VASSUDEV KENI, ETC. ETC. [SUPREME COURT OF INDIA] 02-09-2020 Criminal Procedure Code, 1973 - Sections 190(1)(a) and 460 - Penal Code, 1860 - Sections 191, 192, 463 and 464 - Fabrication of false evidence - It is open for the Magistrate or Court to waive an irregularity once a Magistrate assumes jurisdiction under Section 190(1)(a) of the CrPC even wrongly, and for this purpose, referred to Section 460(e) of the CrPC - This provision is only attracted if a Magistrate, "not empowered" by law to take cognizance of an offence under clause (a) of Section 190(
(35) ILANGOVAN Vs. STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 02-09-2020 Penal Code, 1860 (IPC) - Sections 304 Part II and 324 - Voluntarily causing hurt by dangerous weapons or means - Culpable homicide not amounting to murder - Appellant is the main accused, who is stated to have attacked the complainant and caused him injuries as well as hit the deceased on her head with an iron rod, resulting into death - Trial Court has given specific reasons for disbelieving the testimony of the witnesses with respect to the co-accused, and extending the benefit of doubt to the
(36) M/S. L. R. BROTHERS INDO FLORA LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE [SUPREME COURT OF INDIA] 01-09-2020 Customs Act, 1962 - Section 28 - Levy of customs duty - Sale of cut flowers within the Domestic Tariff Area - Appellant claimed that they had not used any imported input such as fertilizer, plant growth regulations, etc. in growing flowers sold in DTA, despite having imported green house equipment, raw materials like Live Rose Plants and consumables like planting materials and fertilizers - Therefore, it prima facie appeared that suppression by the appellant was "wilful". The burden of proving t
(37) SARIKA Vs. ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) AND OTHERS [SUPREME COURT OF INDIA] 01-09-2020 Issuance of Directions for protection of Shivlinga of Mahakaleshwar Temple, Ujjain
(38) UNION OF INDIA Vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA ETC.ETC. [SUPREME COURT OF INDIA] 01-09-2020 Spectrum Trading – Assessment of Liability - The telecom service providers' stand is that the proceedings of insolvency under the Code have been triggered bona fide - This Court can examine the limited question in these proceedings whether the proceedings are resorted to as a subterfuge to avoid payment of AGR dues, and it is for the NCLT to decide whether the licence/spectrum can be transferred and be a part of the resolution process initiated under the provisions of the Code
(39) THE DESIGNATED AUTHORITY AND OTHERS Vs. M/S THE ANDHRA PETROCHEMICALS LIMITED [SUPREME COURT OF INDIA] 01-09-2020 Constitution of India, 1950 - Articles 226 and 32 - Judicial review should not be exercised virtually as a continuous oversight of the DA's functions - Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courts and this court with powers under Articles 226 and 32. At the same time, barring exceptional features necessitating intervention in an ongoing investigation triggered by a complaint by the concerned domestic industry,
(40) IN RE: PRASHANT BHUSHAN AND ANOTHER[SUPREME COURT OF INDIA] 31-08-2020 Contempt of Courts Act, 1971 - Section 13 - Contempt proceedings - Section 13 of the Act enables the Court to permit justification by truth as a valid defence in any contempt proceedings if it satisfied that such a defence is in the public interest and the request for invoking the defence is bona fide.