(21) SRI MUNIRAJU GOWDA P.M. Vs. SRI MUNIRATHNA AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Representation of the People Act, 1951 - Section 101 - Grounds for which a candidate other than the returned candidate may be declared to have been elected - Election petitioner cannot be allowed to suddenly wake up to the reality of lack of pleading of material facts, relating to his rights in terms of section 101 after more than 18 months of the filing of the election petition - The same is also barred by limitation
(22) RAGHUNATH (D) BY LRS. Vs. RADHA MOHAN (D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Rajasthan Pre-Emption Act, 1966 - Section 9 - Loss of right of pre-emption on transfer - A right is available once - whether to take it or leave it to a person having a right of pre-emption - If such person finds it is not worth once, it is not an open right available for all times to come to that person - The aforesaid being the position, this would itself be an impediment in exercise of the right of preemption in a subsequent transaction
(23) SUGANDHI (DEAD) BY LRS. AND ANOTHER Vs. P. RAJKUMAR REP. BY HIS POWER AGENT IMAM OLI [SUPREME COURT OF INDIA] 13-10-2020 Civil Procedure Code, 1908 (CPC) - Order 8 Rule 1A(3) - Leave of court to produce additional documents - Sub rule (3) provides a second opportunity to the defendant to produce the documents which ought to have been produced in the court along with the written statement, with the leave of the court - Discretion conferred upon the court to grant such leave is to be exercised judiciously - While there is no straight jacket formula, this leave can be granted by the court on a good cause being shown
(24) AMAR SINGH AND OTHERS Vs. THE STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 12-10-2020 Penal Code, 1860 (IPC) - Section 302 and 34 - Arms Act, 1959 - Section 27 - Murder - Conviction of the appellants rests on the oral testimony of PW1 who was produced as eye witness - Both Sessions, as well as High Court have placed reliance on the evidence of PW-1 and ordinarily this Court could be reluctant to disturb the concurrent view but since there are inherent improbabilities in the prosecution story and the conduct of eye witness is inconsistent with ordinary course of human nature - Thi
(25) ANAND YADAV AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-10-2020 Education Law - Appointment to post of Assistant Professor - M.Ed. degree is a postgraduate degree - There is no doubt about the M.Ed. degree being a post graduate degree, in view of not only what the UGC stated, but having promulgated the relevant Regulations as far back as 2010 as amended from time to time. The issue of equivalence has been rightly considered by the NCTE and while recognising some distinct aspects of two the degrees, it has clearly stated that for the job of Assistant Professo
(26) BIKRAMJIT SINGH Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 12-10-2020 Unlawful Activities (Prevention) Act, 1967 - Section 13 - Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Constitution of India, 1950 - Article 21 - Unlawful activities - Right to default bail - Fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled
(27) FERRODOUS ESTATES (PVT.) LIMITED Vs. P. GOPIRATHNAM (DEAD) AND OTHERS [SUPREME COURT OF INDIA] 12-10-2020 Specific Relief Act, 1963 - Section 20 - Suit for specific performance - Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of the essence, and it is found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time - Once a suit for specific performance has been filed,
(28) NILAY GUPTA Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE AND OTHERS [SUPREME COURT OF INDIA] 09-10-2020 Postgraduate Medical/Dental Admissions - NRI quota - Non compulsory - Private colleges and institutions which offer such professional and technical courses, have some elbow room: they can decide whether, and to what extent, they wish to offer NRI or management quotas (the limits of which are again defined by either judicial precedents, enacted law or subordinate legislation) - It is evident that the NRI quota is neither sacrosanct, not inviolable in terms of existence in any given year, or its
(29) ASHISH SETH Vs. SUMIT MITTAL AND OTHERS - ALLEGED CONTEMNORS[SUPREME COURT OF INDIA] 09-10-2020 The dispute is between the two groups - Seth Group and Mittal Group. Both, the Seth Group and Mittal Group entered into a Memorandum of Settlement (MOS) dated 4.5.2015, which ultimately was made a part of this Court's order dated 5.5.2015, disposing of Writ Petition (Criminal) No. 5 of 2015 and Writ Petition (Criminal) No. 11/2015. Non-compliance of the order passed by this Court in the aforesaid writ petitions is the subject matter of the present contempt petition No. 34/2016 initiated by the S
(30) 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
(31) 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.
(32) 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
(33) 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
(34) 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
(35) 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
(36) 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
(37) 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
(38) 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
(39) 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.
(40) 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