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Latest Cases

(21) R. PALANISAMY AND OTHERS Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS AND OTHERS [SUPREME COURT OF INDIA] 24-07-2020
Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Section 68 - Qualification for promotion to the post of Junior Bailiff - High Court rejected the claim on the ground that the previous judgment of the Court dated 22.7.2009 in the batch of cases is no longer of any relevance, after the coming into force of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and that the date on which the vacancies arose cannot determine the Rule applicable for recruitment by promoti

(22) SUNIL RATHEE AND OTHERS Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020
Constitution of India, 1950 - Article 139A - Jurisdiction to direct transfer or withdrawal of a case pending in a High Court - Substantial questions of general importance - Provision of Article 139A of the Constitution relating to withdrawal of a case from a High Court to this Court on the ground of pendency before this Court of a case involving same or similar questions of law contemplates fulfilment of two conditions. First, in the case pending before this Court, the questions of law involved

(23) UNION OF INDIA AND ANOTHER Vs. N K SRIVASTA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020
Consumer Protection Act, 1986 - Medical Negligence - Death of New born Child - Baby was not placed in a Nursery ICU, but was initially admitted to the General Ward and thereafter to a General ICU - Compensation - Appeal against - NCDRC reversed the finding on maintainability which was in favour of Safdarjung Hospital in a revision by Sarvodaya Hospital - It attempted to do "complete justice", ignoring that it is not entrusted with the jurisdiction which is exclusively conferred on this Court und

(24) SHIV RAJ GUPTA Vs. COMMISSIONER OF INCOME-TAX, DELHI-IV [SUPREME COURT OF INDIA] 22-07-2020
Income Tax Act, 1961 - Section 28(ii)(a) - Compensation for termination of management of CDBL - Non-competition fee by executing deed of covenant - Payment received as non-competition fee under a negative covenant was always treated as a capital receipt till Assessment Year 2003-2004. It is only vide the Finance Act, 2002 with effect from 1-4-2003 that the said capital receipt is now made taxable [see Section 28(v-a)]. The Finance Act, 2002 itself indicates that during the relevant assessment ye

(25) DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI AND ANOTHER Vs. M/S SAMSUNG HEAVY INDUSTRIES CO. LIMITED [SUPREME COURT OF INDIA] 22-07-2020
Double Taxation Avoidance Agreement between India and Korea - Article 5(1) - No permanent establishment has been set up within the meaning of Article 5(1) of the DTAA, as the Mumbai Project Office cannot be said to be a fixed place of business through which the core business of the Assessee was wholly or partly carried on.

(26) NORTH DELHI MUNICIPAL CORPORATION Vs. KAVINDER AND OTHERS [SUPREME COURT OF INDIA] 21-07-2020
Service Law - Appointment - Post of Labour Welfare Superintendent - Eligibility - MBA degree cannot be regarded as allied to a post graduate degree or diploma in Social Work, Labour Welfare, Industrial Relations or Personnel Management.

(27) V. KALYANASWAMY(D) BY LRS. AND ANOTHER Vs. L. BAKTHAVATSALAM (D) BY LRS . AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Evidence Act, 1872 - Sections 68 and 69 - Will - Both the attesting witnesses to the Will were dead - Requirement under Section 68 of the Evidence Act was not fulfilled - Deposition of one of the attesting witnesses to the Will did not establish due execution of the Will, in that, it did not establish the attestation of the Will by the other alleged attesting witness - A case covered under Section 69 of the Evidence Act, the requirement pertinent to Section 68 of the Evidence Act that the attest

(28) PYARE LAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 17-07-2020
Penal Code, 1860 (IPC) - Section 302 and 34 - Criminal Procedure Code, 1973 (CrPC) - Section 433-A - Constitution of India, 1950 - Article 161 - Murder - Remission of sentences - Whether in exercise of power conferred under Article 161 of the Constitution a policy can be framed, where under certain norms or postulates are laid down, on the satisfaction of which the benefit of remission can thereafter be granted by the Executive without placing the facts or material with respect to any of the cas

(29) M/S. ULTRATECH CEMENT LTD. AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Rajasthan Value Added Tax Act, 2003 - Section 33 - Capital Investment Subsidy - Refund of excess amount - When availing of subsidy to the tune of 75% (and thereby availing 25% in excess) is not referable to any misrepresentation by the appellants and there is no allegation of breach of any of the conditions of RIPS-2003 by the appellants while availing such benefit, the respondent cannot be held entitled to demand interest at the rate stipulated in Clause 10 of RIPS-2003. However, and at the sam

(30) THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. AAM AADMI LOKMANCH AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Environment Law - Maharashtra Regional and Town Planning Act, 1966 - Section 154 - Degradation of environment to large extent due to hill cutting at Katraj Ghat - Penalty for causing damage to environment - Appellants argue that the Bombay High Court also fell into error and did not appreciate that the entire basis of the Directions/Resolution of 14.11.2017 by the State of Maharashtra where the directions issued by the NGT. Highlighting various provisions of the MRTP Act, learned counsel argued

(31) ARJUN PANDITRAO KHOTKAR Vs. KAILASH KUSHANRAO GORANTYAL AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Evidence Act, 1872 - Section 65B(4) - Admissibility of evidence by way of electronic record - Certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record - In a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to th

(32) RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY AND ANOTHER Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 - Rule 4 - Fixation of fees - A writ petition was filed dated 29.07.2019 by the petitioners in which this interim fixation was challenged as being violative of the aforesaid Regulation 4 - The interim fee fixed by the Andhra Pradesh Government without following the drill of Rule 4 has correctly been found to be prima facie illegal and has therefore correctly been suspended by the learned

(33) SRI MARTHANDA VARMA (DEAD) THROUGH LRS. AND ANOTHER Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 13-07-2020
Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 2(aa) and 18(2) - Powers of "the Ruler of Travancore" under Section 18(2) of the TC Act shall stand delegated to the Administrative Committee while the Advisory Committee shall be deemed to be the Committee constituted in terms of Section 20 of the TC Act as suggested by Ex-Royal Family - It is made clear that all the members including the Chairpersons of the Administrative Committee and the Advisory Committee must

(34) IN RE COGNIZANCE FOR EXTENSION OF LIMITATION[SUPREME COURT OF INDIA] 10-07-2020
Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings - Therefore, consider it appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. However, if a party intends to effect service by means of said instant messaging ser

(35) DAHIBEN Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 09-07-2020
. Limitation Act, 1963 - Article 59 - Suit will be barred by limitation under Article 59 of the Limitation Act, if it was filed beyond three years of the execution of the registered deed.

(36) ARYAN RAJ Vs. CHANDIGARH ADMINISTRATION AND OTHERS [SUPREME COURT OF INDIA] 08-07-2020
Rights of Persons with Disabilities Act, 2016 - Section 34 - Exemption from Aptitude test - Diploma course in Fine Art for physically/mentally challenged students - Scheduled Castes/Scheduled Tribes candidates require 35 per cent to pass in the aptitude test, the same shall apply to the disabled persons.

(37) REEPAK KANSAL Vs. SECRETARYGENERAL, SUPREME COURT OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-07-2020
Constitution of India, 1950 - Article 32 - When the pandemic is going on, baseless and reckless allegations are made against the Registry of this Court, which is part and parcel of the judicial system - This Court take judicial notice of the fact that such evil is also spreading in the various High Courts, and Registry is blamed unnecessarily for no good reasons - Expect members of the noble fraternity to respect themselves first - They are an intellectual class of the society. What may be prope

(38) ARUNA OSWAL Vs. PANKAJ OSWAL AND OTHERS [SUPREME COURT OF INDIA] 06-07-2020
Companies Act, 2013 - Sections 241 and 242 - Inheritance of shares - Basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act - Thus, filing of the petition under sections 241 and 242 seeking waiver is a misconceived exercise, firstly, respondent no.1 has to firmly establish his right of inheritance before a civil court to the extent of the shares he is clai

(39) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SATINDER KAUR @ SATWINDER KAUR AND OTHERS [SUPREME COURT OF INDIA] 30-06-2020
Motor Vehicles Act, 1988 - Section 168 - Accidental Death - Contributory negligence - Loss of consortium and loss of love and affection - Income of the deceased in 1984 as per his Employment Contract, was 750 Qatari Riyal p.m. - A comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium - Loss of love and affection is comprehended in loss of consortium - Tribunals and High Courts are directed to award compensation for loss of con

(40) THE COMMERCIAL TAX OFFICER AND ANOTHER Vs. MOHAN BREWARIES AND DISTRILLERIES LIMITED [SUPREME COURT OF INDIA] 29-06-2020
Tamil Nadu General Sales Tax, 1959 - Section 7A - Levy of purchase Tax - Purchase of empty bottles - Course of business of manufacture and sale of Beer and IMFL - Entire scheme of Section 7-A of the Act, nowhere any exception is provided that if a particular commodity or goods would be subjected to sales tax in the event of their sale, they may not be liable to purchase tax - On the contrary, as rightly observed by the High Court, even if the bottles had been purchased after payment of sales tax