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Latest Cases

(21) NAJIYA NEERMUNDA AND ANOTHER ETC Vs. KUNHITHARUVAI MEMORIAL CHARITABLE TRUST AND OTHERS ETC [SUPREME COURT OF INDIA] 25-02-2021
Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 - Sections 8 and 11 - Fixation of fee - High Court committed an error in directing the Committee to take into account only audited balance sheets, and provisional profit and loss accounts in the absence of audited balance sheets, to fix the fee - Though in agreement with the submission made on behalf of the management's that the fee as proposed by them should be considered by the

(22) RACHNA AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 24-02-2021
Judicial review - Policy decisions - It is the settled principle of law that policy decisions are open for judicial review by this Court for a very limited purpose and this Court can interfere into the realm of public policy so framed if it is either absolutely capricious

(23) PARMAR SAMANTSINH UMEDSINH Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 24-02-2021
Constitution of India, 1950 - Articles 243S and 243S(4) - Gujarat Municipal Wards Committees Functions, Duties, Territorial Areas and Procedure for Transaction of Business Rules, 2007 - Rule 2(b) - Bombay Provincial Municipal Corporations (the Delimitation of Wards in the City and Allocation of Reserved Seats) Rules, 1994 - Rules 4 and 5 - Election of Chairperson - Prohibition or limitation - Rule 2(b) of Rules, 2007, which provides that Chairperson of a Ward Committee is the person elected by t

(24) SARASWATI EDUCATIONAL CHARITABLE TRUST AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-02-2021
Medical Council of India Regulations on Graduate Medical Education, 1997 - Medical - Admission - Common Counseling - Regulation 5A of the Regulations provides for counselling for admission to MBBS course in all medical educational institutions on the basis of merit list of NEET - All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments - All admissions to medical colleges shall be made only as per the centralized counselling done by

(25) V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC Vs. STATE OF KERALA AND OTHERS ETC [SUPREME COURT OF INDIA] 24-02-2021
Medical - Establishment of Medical College - Essentiality Certificate - State Government has power to withdraw the Essentiality Certificate where it is obtained by playing fraud on it or where the very substratum on which the EC was granted vanishes or any other reason of like nature.

(26) COMMITTEE OF CREDITORS OF AMTEK AUTO LIMITED THROUGH CORPORATION BANK Vs. DINKAR T. VENKATASUBRAMANIAN AND OTHERS [SUPREME COURT OF INDIA] 23-02-2021
Insolvency and Bankruptcy Code, 2016 - Section 61 - Contempt proceeding - Provisions of the IBC are premised on a time bound process for the resolution of corporate insolvencies - Exercise of legal rights by a party to a proceeding cannot constitute contempt - Effectively, the conduct of Deccan Value Investors 'DVI' after the CoC approved the resolution plan on 11 February 2020 has thwarted the entire process - Exercise of legal rights by a party to a proceeding cannot constitute contempt - DVI

(27) R. DAMODARAN Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 23-02-2021
Penal Code, 1860 (IPC) - Section 302 - Murder of wife at the advanced stage of pregnancy - Homicidal violence - Making of false statement - Case squarely rests on circumstantial evidence where the death has been caused by homicidal violence and the accused-husband who had himself taken the deceased to the hospital and made a false statement to Doctor that she had suffered a cardiac arrest which was found to be false after the postmortem report was received and the nature of injuries which were a

(28) UNION OF INDIA Vs. A. ALAGAM PERUMAL KONE AND OTHERS [SUPREME COURT OF INDIA] 22-02-2021
Constitution of India, 1950 - Article 226 - Swatantrata Sainik Samman Pension Scheme - When application for grant of pension is already rejected, such rejection order has become final, it is not open to make a claim for second time for pension again by way of fresh application

(29) HIMACHAL ROAD TRANSPORT CORPORATION AND ANOTHER Vs. HIMACHAL ROAD TRANSPORT CORPORATION RETIRED EMPLOYEES UNION [SUPREME COURT OF INDIA] 22-02-2021
Constitution of India, 1950 - Articles 14, 16 and 21 - Pension Scheme - Retired employees - Whenever such new benefit is extended for the existing employees, retired employees cannot seek such benefit, merely on the ground that they too were the former employees of the Corporation.

(30) KHUSHI RAM AND OTHERS Vs. NAWAL SINGH AND OTHERS [SUPREME COURT OF INDIA] 22-02-2021
Registration Act, 1908 - Section 17(2)(vi) - Family settlement - Non-registration of decree - A case where decree was based on an admission recognising pre-existing rights under family arrangement - Decree did not require registration under Section 17(1)(b).

(31) AMITABHA DASGUPTA Vs. UNITED BANK OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-02-2021
Banking Law - Lockers - Locker Facility - Hiring of - Banks cannot wash off their hands and claim that they bear no liability towards their customers for the operation of the locker - Very purpose for which the customer avails of the locker hiring facility is so that they may rest assured that their assets are being properly taken care of - Such actions of the banks would not only violate the relevant provisions of the Consumer Protection Act, but also damage investor confidence and harm our rep

(32) LALITHA R NATH AND OTHERS Vs. KANNUR MEDICAL COLLEGE AND OTHERS [SUPREME COURT OF INDIA] 18-02-2021
Education Law - Affiliation for conducting MBBS and post graduate courses for the academic year 2020-21 - Two orders passed by this Court which had inter alia directed that double the fee paid by the guardians/students would be refunded by Medical College 'KMC' - Obviously, the intent being that the payment must be made - In order to ensure that payment is actually made, specific directions were issued that the amount would be remitted to the bank account of each student - Further, a compliance

(33) RAJESH KUMAR SINGH AND OTHERS Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 18-02-2021
Uttar Pradesh Police Motor Transport Unit Subordinate Officers Service Rules, 2015 - Rule 5 and 10 - Promotion - Seniority - Head Constable Motor Transport - Main grievance of the Appellants is that they have already undergone a selection process for their lateral movement as Constable Drivers - It is impermissible to make them to go through yet another selection process for appointment to the post of Head Constable Motor Transport - According to the Appellants, all Constable Drivers should be e

(34) M/S. DAIICHI SANKYO COMPANY LIMITED Vs. OSCAR INVESTMENTS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 18-02-2021
While issuing notice on 11.08.2017 in Special Leave Petition (Civil)No. 20417 of 2017, this Court directed that status quo as on the day with regard to the shareholding of Fortis Healthcare Holding Private Limited ('FHHPL', for short) in Fortis Healthcare Limited ('FHL', for short) be maintained. By next order dated 31.08.2017, it was clarified that the earlier order dated 11.08.2017 was intended to be in respect of 'both the encumbered and unencumbered shares of Fortis Healthcare Limited held b

(35) TATA MOTORS LIMITED Vs. ANTONIO PAULO VAZ AND ANOTHER [SUPREME COURT OF INDIA] 18-02-2021
Consumer Protection Act, 1986 - Sections 2(1)(g), 2(1)(o), 2(1)(r) and 23 - Delivery of old car - Liability of manufacturer - Car was old, a 2009 model and that it had many features (corrugated undercarriage, scratches, etc.) clearly pointing to its being used and old - Absence of the dealer or any explanation on its part, resulted in a finding of deficiency on its part, because the car was in its possession, was a 2009 model and sold in 2011 - Findings against the dealer were, in that sense, ju

(36) ANMOL KUMAR TIWARI AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 18-02-2021
Constitution of India, 1950 - Articles 14 and 16 - Appointment of persons with lesser merit ignoring those who have secured more marks would be in violation of the Articles 14 and 16 of the Constitution of India.<

(37) IN RE : MATTER OF GREAT PUBLIC IMPORTANCE TOUCHING UPON THE INDEPENDENCE OF JUDICIARY- MENTIONED BY SHRI TUSHAR MEHTA, SOLICITOR GENERAL OF INDIA[SUPREME COURT OF INDIA] 18-02-2021
Criminal Proceedings - Sexual harassment against Ex. Chief Justice of India - Not able obtain various records including electronic records of Whatsapp, Telegram etc. - Possibility of recovery of electronic records at this distance of time is remote, especially since the scope of the enquiry and the power of the learned Judge is limited, no useful purpose will be served by continuing these proceedings - As a result of our observations aforesaid, the proceedings are accordingly closed and the Suo

(38) U.A. BASHEER THROUGH G.P.A. HOLDER Vs. STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 17-02-2021
Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Sections 3(1)(a) and Section 3(2) - Ownership and possession - Section 3(1)(a) which provides for a savings clause, throws light on this, by stating that the repeal shall not affect the vesting of any vacant land in the State Government by the Urban Land (Ceiling and Regulation) Act, 1976, the possession of which has been taken over by the concerned State Government - This is further qualified in Section 3(2) which states that vacant land ve

(39) COMPACK ENTERPRISES INDIA PRIVATE LIMITED Vs. BEANT SINGH [SUPREME COURT OF INDIA] 17-02-2021
Consent decree - Estoppel - It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties - A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake.

(40) UNITECH LIMITED AND OTHERS Vs. TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION (TSIIC) AND OTHERS [SUPREME COURT OF INDIA] 17-02-2021
Constitution of India, 1950 - Articles 14 and 226 - Presence of an arbitration clause within a contract between a state instrumentality and a private party has not acted as an absolute bar to availing remedies under Article 226 - If the state instrumentality violates its constitutional mandate under Article 14 to act fairly and reasonably, relief under the plenary powers of the Article 226 of the Constitution would lie. - While exercising its jurisdiction under Article 226, the Court is entitled