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Latest Cases

(41) PRAVASI LEGAL CELL AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 01-10-2020
Airfare refund - Passengers who booked tickets at any period of time but for travel after 24th May, 2020 – refund of fares to the passengers covered under this category shall be governed by the provisions of Civil Aviation Requirements (CAR)

(42) SUBED ALI AND OTHERS Vs. THE STATE OF ASSAM [SUPREME COURT OF INDIA] 30-09-2020
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Common intention - Absence of a positive act of assault was not a necessary ingredient to establish common intention - No further evidence is required with regard to existence of common intention in appellant no.1 to commit the offence in question - No reason to grant any benefit to appellant no.1 on the plea that there is no role or act of assault attributed to him, denying the existence of any common intention for that reason - Appeal dis

(43) NEETU YADAV Vs. SACHIN YADAV [SUPREME COURT OF INDIA] 30-09-2020
Transfer of Divorce Petition - Family Court at Delhi and Appellant resides at Indore (MP) - Claim of the petitioner that she is now staying with her parents is not disputed by the respondent - That both the children are staying with the petitioner is also not disputed - Elder child is a girl aged about 11 years and whenever the case is fixed for hearing, the petitioner has to travel about 800 kms - Petition allowed.

(44) KAUSHIK CHATTERJEE Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 30-09-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 177 to 184 - Transfer petition - Territorial jurisdiction - Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code - Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshaled - Hence the transfer petitions are liable to be dismissed.

(45) SATISH @ SABBE Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 30-09-2020
Penal Code, 1860 - Section 364A - Uttar Pradesh Prisoners Release on Probation Act, 1938 - Section 2 - Kidnapping for ransom - Release on Probation - Length of the sentence or the gravity of the original crime can't be the sole basis for refusing premature release - Any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of the prisoner while in jail, and not merely on his age or apprehensions of the victims and witnesses - As per the St

(46) STATE OF MADHYA PRADESH AND OTHERS Vs. AMIT SHRIVAS [SUPREME COURT OF INDIA] 29-09-2020
Compassionate appointment - It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family - This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.

(47) MAHESHWAR TIGGA Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 28-09-2020
Penal Code, 1860 (IPC) - Sections 376, 323 and 341 - Sexual relations - False promise of marriage - Acquittal - Appellant did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between the parties - Prosecutrix was herself aware of the obstacles in their relationship because of different religious beliefs - An engagement ceremony was also held in the solemn belief that the societal obstacles would be overcome, but unfortunate

(48) ANWAR ALI AND ANOTHER Vs. THE STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 25-09-2020
Penal Code, 1860 (IPC) - Sections 302 - Murder - Acquittal - Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused

(49) DR. JITENDRA GUPTA Vs. DR. C. CHANDRAMOULI, IAS (SECRETARY, DOP&T, GOVERNMENT OF INDIA) [SUPREME COURT OF INDIA] 25-09-2020
Indian Administrative Service (Cadre) Rules, 1954 - Rule 5(2) - Inter-cadre transfer - Contempt proceedings - Transfer Order - Disobedience of - Under the order of the Delhi High Court dated 02.07.2019 it was the Central Government who was to take decision regarding inter-cadre transfer of the appellant as per law - Rule 5(2) of IAS (Cadre) Rules, 1954 as well as O.M. dated 08.11.2004 - If a request on the ground of threat is made the Central Government may initially send the officer on a three

(50) UNION OF INDIA AND OTHERS Vs. M/S G S CHATHA RICE MILLS AND ANOTHER [SUPREME COURT OF INDIA] 23-09-2020
Customs Tariff Act 1975 - Section 8A - Customs Act 1962 - Section 15 - Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulations, 2018 - Regulation 4(2) - Customs Act, 1962 - Section 46 - Entry of goods on importation - Importers were liable to pay the duty applicable at the time when the bills of entry for home consumption - A terrorist attack took place at Pulwama on 14 February 2019. On 16 February 2019, the Union Government issued a notification under Section 8A

(51) BELI RAM Vs. RAJINDER KUMAR AND ANOTHER [SUPREME COURT OF INDIA] 23-09-2020
Motor Vehicles Act, 1988 - Sections 14 and 15 - Expired Driving licence - Compensation - Liability - Insurance Company cannot be made liable in the event there was an expired licence held by the driver who was driving his employer's insured vehicle.

B. Motor Vehicles - A case of an originally valid licence, which had expired, there was no question of a fake licence.

(52) NATIONAL ALLIANCE FOR PEOPLE'S MOVEMENTS AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 22-09-2020
Temporary release of prisoners - Petitioners herein were before the High Court by the way of Public Interest seeking that the decision of the High Powered Committee (HPC) to the extent of Clauses (iii), (iv) and (vii) of paragraph 8, decisions/minutes of HPC meeting excluding certain categories of offences provided in paragraph 5(i) and 5(ii) for the purpose of grant of interim bail and corrigendum of the Minutes of the Meeting of HPC to the extent of clarification that the class and/or category

(53) ROOP CHAND @ LALA Vs. STATE (NCT) OF DELHI [SUPREME COURT OF INDIA] 22-09-2020
Penal Code, 1860 (IPC) - Sections 308 and 324 - Distinction between attempt to commit culpable homicide not amounting to murder and voluntarily causing hurt - To secure conviction under Section 308 of IPC, the prosecution must prove that the accused had requisite 'intention' or 'knowledge to cause culpable homicide, which in turn can be ascertained from the actual injury as well as from other surrounding circumstances - This Court is of the opinion that the e

(54) RAKESH KUMAR AGARWALLA AND ANOTHER Vs. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU AND OTHERS [SUPREME COURT OF INDIA] 21-09-2020
Constitution of India, 1950 - Article 14 - Admission in five years law course - Decision of National Law School of India University (NLSIU) hold a separate admission test by way of the National Legal Aptitude Test (NLAT) - Quashing of - Home based online examination as proposed by the respondent No.1 University for NLAT-2020-21 could not be held to be a test which was able to maintain transparency and integrity of the examination - short notice and technological requirements insisted by the Univ

(55) B. SANTOSHAMMA AND ANOTHER Vs. D. SARALA AND ANOTHER [SUPREME COURT OF INDIA] 18-09-2020
Civil Procedure Code, 1908 - Order 2, Rule 2 - Suit to include the whole claim - Plea of Bar - The plea of bar under Order 2, Rule 2 of the CPC is a technical plea which has to be pleaded and satisfactorily established. - Civil Procedure Code, 1908 - Order 2, Rule 2 - If the plea of bar under Order 2 Rule 2 is not taken, the Court should not suo moto decide the plea.

(56) SAGUFA AHMED AND OTHERS Vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LIMITED AND OTHERS [SUPREME COURT OF INDIA] 18-09-2020
Limitation Act, 1963 - Section 4 - Words "prescribed period" the expression "prescribed period" appearing in Section 4 cannot be construed to mean anything other than the period of limitation - Any period beyond the prescribed period, during which the Court or Tribunal has the discretion to allow a person to institute the proceedings, cannot be taken to be "prescribed period".

(57) PAPPU DEO YADAV Vs. NARESH KUMAR AND OTHERS [SUPREME COURT OF INDIA] 17-09-2020
Motor Vehicles Act, 1988 - Sections 166 and 140 - Accident - Rash and Negligent Driving - Disability of loss of an arm - Loss of earning capacity - Enhancement of compensation - Appellant was working as a typist/data entry operator in court premises in Delhi - High Court clearly erred in holding that compensation for loss of future prospects could not be awarded - High Court halved it to 45% on an entirely wrong application of some 'proportionate' principle (following the Pranay Sethi, (2017) 16

(58) TRUSTEES OF H.C. DHANDA TRUST Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-09-2020
Gift Deed Property - Deficiency in stamp duty on deed - Imposition of extreme penalty of ten times of deficiency of stamp duty - Reduction of - Collector has the power to require the person concerned to pay the proper duty together with a penalty amount which the Collector has to fix in consideration of all aspects involved - Restriction imposed on the Collector in imposing the penalty amount is that under no circumstances the penalty amount shall go beyond ten times the duty or the deficient po

(59) LALAN D. @ LAL AND ANOTHER Vs. THE ORIENTAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 17-09-2020
Motor Vehicle - Accident - Rash and negligent driving - Permanent disability and loss of future earning - Enhancement of compensation - Tribunal awarded total compensation of Rs. 4,00,000/- The High Court assessed the degree of disability to be reckoned as 100% for working out proper compensation and applied the multiplier of 16 considering his age - High Court erred in law in applying the multiplier of 16 instead of 17 - Compensation for Loss of Future Prospects can be awarded in Cases of Perma

(60) M/S. MSD REAL ESTATE LLP Vs. THE COLLECTOR OF STAMPS AND ANOTHER [SUPREME COURT OF INDIA] 17-09-2020
Gift Deed Property - Deficiency in stamp duty on deed - Penalty - Facility to deposit the penalty by post dated cheques cannot be approved and the appellant being subsequent purchaser was liable to deposit the amount of penalty which was outstanding against the property and which was subject matter of the gift deed.