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Latest Cases

(21) SREI EQUIPMENT FINANCE LIMITED Vs. RAMJAN ALI AND OTHERS [SUPREME COURT OF INDIA] 05-01-2021
Motor Vehicles Act, 1988 - Section 55(5) - Release of vehicle - High Court failed to notice that entry of hypothecation of the vehicle was very much there in the original registration certificate, which entry was got deleted by submitting a forged Form 35 by original owner, which finding has been recorded in the order of Assistant Regional Transport Officer cancelling the registration certificate - There was no right in to claim the release of vehicle.

(22) HARI OM @HERO Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 05-01-2021
Penal Code, 1860 (IPC) - Section 396 and 412 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(5) - Murder and Dacoity - Death Sentence - Child Witness - Reliability of - Evidence of a child witness was not found to be inspiring confidence because of inconsistencies in the version of the witness, as well as because of the absence of corroboration from the other prosecution witnesses - Accused acquitted.

(23) RAJEEV SURI Vs. DELHI DEVELOPMENT AUTHORITY AND OTHER [SUPREME COURT OF INDIA] 05-01-2021
Central Vista Project - Construction of New Parliament - Political issues including regarding development policies of the Government of the day must be debated in the Parliament, to which it is accountable. The role of Court is limited to examining the constitutionality including legality of the policy and Government actions. The right to development is a basic human right and no organ of the State is expected to become an impediment in the process of development as long as the government procee

(24) KAMLESH CHAUDHARY Vs. THE STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 05-01-2021
Criminal Procedure Code, 1973 (CrPC) - Section 167 - Penal Code, 1860 (IPC) - Sections 406, 409, 420, 467, 468, 471, 477-A, 201 and 120-B - Prize Chits Money Circulation Scheme (Banning Act), 1978 - Section 5 - Information Technology Act, 2000 - Section 65 - Accused cannot be re-arrested after the charge sheet is filed - It is open to the prosecution to file an application for cancellation of bail on the grounds known to law and the receipt of the charge sheet in Court can by itself be no ground

(25) MURALI Vs. STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 05-01-2021
Penal Code, 1860 (IPC) - Sections 307 and 324 - Criminal Procedure Code, 1973 (CrPC) - Section 320 - Voluntarily causing hurt with a dangerous weapon - Attempt to murder - Compromise between parties - Compounding of offence - Reduction of sentence - Compromise between parties to reduce the sentence of the convicts even in serious non-compoundable offences - Parties to the dispute have mutually buried their hatchet - Separate affidavit of the victim inspires confidence that the apology has volunt

(26) REGALAGADDA VENKATESH Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 30-12-2020
Service Law - Appointment - Post of Civil Judge (Junior Division) - Eligibility requirement of 3 years practice as an Advocate - Challenged - Petitioner has also challenged Rule 5(2)(a)(i) of Andhra Pradesh State Judicial Service Rules, 2007 notified/amended by the Respondent No.1 on 28.07.2017 - There is no such urgency to entertain this Writ Petition in the Vacation - Writ Petition be listed for hearing on 05-01-2021.

(27) MUSKAN SAMIR MODASIA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 24-12-2020
Education Laws - Admission - Admission in Medical Courses - Benefit of 'First Priority' Policy - Candidates whose parents were domiciles of the UT of Dadra and Nagar Haveli or Daman and Diu and had studied the same place(s) mentioned above for atleast the classes of 8th to 12th standards, their children are eligibile for the same - The petitioner only attended primary classes at a school in the UT above and, therefore, their Children are not eligible for 'First Priority' - Appeal Dismissed.

(28) THE STATE OF MAHARASHTRA AND ANOTHER Vs. KESHAO VISHWANATH SONONE AND ANOTHER [SUPREME COURT OF INDIA] 18-12-2020
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Scheduled Tribe certificate - When the State has expressly after 1979 has written to the Government of India on 06.11.1981 that 'Gowari' community does not fulfill the criteria of Scheduled Tribe and thereafter after 1984, several studies were conducted by Tribal department in State of Maharashtra including report dated 12.05.2006 which reaffirms that 'Gond Gowari' and 'Gowari' are distinct community and 'Gowari' is not Schedul

(29) NAYARA ENERGY LIMITED Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 18-12-2020
Land acquisition - Compensation - Reference Court - Lands of the original claimants have been acquired in the year 1996 and the learned Reference Court has enhanced the amount of compensation after a period of approximately 17 years (by now 20 years), and the original claimants are not in a position to furnish any security, while permitting the original claimants to withdraw the amount of enhanced compensation awarded by the learned Reference Court, to strike the balance and to consider the inte

(30) IN RE: THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.[SUPREME COURT OF INDIA] 18-12-2020
Covid-19 - Fire safety audit - Cognisance of a fire incident in a designated Covid-19 hospital in Gujarat's Rajkot in which several patients had died - State of Gujarat has filed separate affidavit bringing on record the directions issued by the State and the details of inspection undertaken and audit of few dedicated Covid hospitals. It has further stated that a nodal officer for fire safety has been appointed in dedicated covid hospitals

(31) SURESH SHAH Vs. HIPAD TECHNOLOGY INDIA PRIVATE LIMITED [SUPREME COURT OF INDIA] 18-12-2020
A. Arbitration and Conciliation Act, 1996 - Sections 2(f), 11(5) and 11(6) - Sub - Lease deed - Appointment of Sole Arbitrator - Petitioner being an individual who is a national of Kenya and is habitually a resident of that country; having entered into a contract and since disputes have arisen under the said document, the same qualifies as an 'International Commercial Arbitration' as defined in Section 2(f) of Act, 1996. In such circumstance, Supreme Court is to appoint an Arbitrator as provided

(32) PRADEEP KUMAR SONTHALIA Vs. DHIRAJ PRASAD SAHU @ DHIRAJ SAHU AND ANOTHER [SUPREME COURT OF INDIA] 18-12-2020
Constitution of India, 1950 - Article 191(1) - Representation of the People Act, 1951 - Section 8(3) - Whether the vote cast by a Member of the Legislative Assembly in an election to the Rajya Sabha, in the forenoon on the date of election, would become invalid, consequent upon his disqualification, arising out of a conviction and sentence imposed by a Criminal Court, in the afternoon on the very same day

(33) M/S GALAXY TRANSPORT AGENCIES, CONTRACTORS, TRADERS, TRANSPORTS AND SUPPLIERS Vs. M/S NEW J.K. ROADWAYS, FLEET OWNERS AND TRANSPORT CONTRACTORS AND OTHERS [SUPREME COURT OF INDIA] 18-12-2020
Tender - Eligibility criteria - Supply of various types of commercial vehicles (without fuel) for the carriage of troops and equipment for the Financial Year 2020-2021 - Service licence of the Appellant was only valid upto 31.03.2020, it had sought an extension of its service licence prior to its expiry - Since a lockdown was imposed on account of the outbreak of COVID19, a General Order was issued, through which the validity of all documents relating to transportation services were deemed to be

(34) SAURAV YADAV AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 18-12-2020
Service Law - Selection Process initiated for filling up posts of Constables in Uttar Pradesh Police in the categories of Other Backward Class (OBC) Female and Scheduled Caste (SC) Female - These are not to be seen as rigid 'slots', where a candidate's merit, which otherwise entitles her to be shown in the open general category, is foreclosed, as the consequence would be, if the state's argument is accepted - Doing so, would result in a communal reservation, where each social category is confine

(35) DR. NARESH KUMAR MANGLA Vs. SMT. ANITA AGARWAL AND OTHERS ETC. [SUPREME COURT OF INDIA] 17-12-2020
Penal Code, 1860 (IPC) - Sections 498A, 304-B, 323, 506 and 313 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Criminal Procedure Code, 1973 (CrPC) - Section 438 - Dowry death - Husband of deceased is already in jail - Cancellation of Anticipatory Bail of in-laws of the deceased - FIR contains a recital of allegations bearing on the role of the accused in demanding dowry, of the prior incidents of assault and the payment of moneys by cheque to the in-laws of the deceased - FIR has referred t

(36) REGISTRAR, KARNATAKA UNIVERSITY AND ANOTHER Vs. DR. PRABHUGOUDA AND ANOTHER [SUPREME COURT OF INDIA] 17-12-2020
Karnataka State Universities Act, 2000 - Section 2(2) - Promotion - Post of Professor - Career Advancement Scheme - Clause 17 of the statute provides for Counting of Past Service for Direct Recruitment and Promotion Under CAS - A comprehensive reading of the statute makes it very clear that for the purpose of granting CAS promotion, the incumbent teacher must have holding a substantive sanctioned post, as much as CAS promotion being a personal promotion to the incumbent teacher and on superannua

(37) ANGLO AMERICAN METALLURGICAL COAL PTY LIMITED Vs. MMTC LIMITED [SUPREME COURT OF INDIA] 17-12-2020
Arbitration and Conciliation Act, 1996 - Section 34 - Majority of arbitrators is not a possible view since it is not a question of the 'quantity' or 'quality' of evidence or of 'little evidence' or of 'evidence which does not measure-up in quality to a trained legal mind' but this is a case where the inferences drawn are a non-sequitur to the plain and simple words of the e-mails/communications read in evidence, which were before the Tribunal and which do not support the inferences drawn

(38) RAKESH VAISHNAV AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-12-2020
Farmer's Protest - Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order - There can certainly be no impediment in the exercise of such rights as long as it is non-violent and does not result in damage to the life and properties of other citizens and is in accordance with law - Farmers' protest should be allowed to continue without impediment and without any breach of peace either by the protesters or the police.

(39) RAHNA JALAL Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 17-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Muslim Women (Protection of Rights on Marriage) Act, 2019 - Section 7(c) - Triple talaq (Talaq-e-biddat) - Anticipatory bail - On a true and harmonious construction of Section 438 of CrPC and Section 7(c) of the Act, there is no bar on granting anticipatory bail for an offence committed under the Act, provided that the competent court must hear the married Muslim woman who has made the complaint before granting the anticipatory bail

(40) SEELAN @ JEYASEELAN Vs. THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 16-12-2020
Penal Code, 1860 (IPC) - Sections 376, 376(1), 376(2) and 376(2)(f) - Rape of 6 year minor girl - Petitioner is over 18 years old and was found to be potent - His lungi was recovered and he himself absconded, having been captured after 15 days of the incident - Both courts have recorded the argument of the accused that he has only one hand, as a result of which it would be physically impossible to have committed an act of rape - Both courts have dealt with this aspect of the case and agree with