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Latest Cases

(41) TELECOM REGULATORY AUTHORITY OF INDIA Vs. M/S BHARTI AIRTEL LIMITED AND OTHERS ETC. [SUPREME COURT OF INDIA] 06-11-2020
Telecom Regulatory Authority of India Act, 1997 - Section 11(1)(b)(i) read with Section 11(2) - Disclosing of information or details regarding segmented offers - By the Telecommunication Tariff (30th Amendment) Order dated 16.01.2004, the definition of "Reporting Requirement" was substantially modified, so as to include the principles of non-discrimination and non predation - This was amended by the 42nd Amendment Order dated 07.03.2006. The 52nd Amendment Order dated 19.09.2012, introduced a pe

(42) T.S.K. ASHWIN KUMAR Vs. TUBATI SRIVALLI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2020
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Stay of trial - While the Contempt Petition arises out of an order passed by this Court by consent of parties in SLP, the SLP arises out of an interim order passed by the High Court, staying the trial of a criminal complaint, during the pendency of a criminal petition arising out of an order of the Trial court refusing to reopen and recall PW1 to PW4 - Order of stay granted by the High Court is liable to be vacated and the trial directed to be

(43) HINDUSTAN UNILEVER LIMITED Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-11-2020
Prevention of Food Adulteration Act, 1954 - Sections 17(1)(a) - Food Adulteration - Complaint filed against Directors of the Company - Clause (a) of Sub-Section (1) of Section 17 of the Act makes the person nominated to be in charge of and responsible to the company for the conduct of business and the company shall be guilty of the offences under clause (b) of Sub-Section (1) of Section 17 of the Act. - Therefore, there is no material distinction between Section 141 of the NI Act and Section 17

(44) C. BRIGHT Vs. THE DISTRICT COLLECTOR AND OTHERS [SUPREME COURT OF INDIA] 05-11-2020
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14 - District Magistrate to assist secured creditor in taking possession of secured asset - High Court held that Section 14 of the SARFAESI Act mandating the District Magistrate to deliver possession of a secured asset within 30 days, extendable to an aggregate of 60 days upon reasons recorded in writing, is a directory provision - Challenged in appeal - Whether the time limits in secti

(45) GURUSIMRAN SINGH NARULA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2020
Disaster Management Act, 2005 - Sections 10, 36 and 69 - Constitution of India, 1950 - Article 32 - Ban/Regulation on usage of disinfection tunnels - PIL seeks direction to forthwith ban on spraying of all kinds of disinfectants on human beings which is being done supposedly for protecting the human beings from the Novel Coronavirus disease 2019 (Covid19) - Spraying disinfectant on human body, fumigation or use of UV rays against the human body, there has to be regulatory regime when respondent

(46) SHANTI DEVI ALIAS SHANTI MISHRA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-11-2020
Constitution of India, 1950 - Article 226 - Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 - Section 3E - Stoppage of pension - Writ petition - Territorial jurisdiction - A retired employee, who is receiving pension, cannot be asked to go to another court to file the writ petition, when he has a cause of action for filing a writ petition in Patna High Court - For a retired employee convenience is to prosecute his case at the place where he belonged to and was getting pension -

(47) HITESH VERMA Vs. THE STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2020
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 452, 504 and 506 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) and 3(1)(e) - Quashing of charge-sheet and summoning order - Appellant had sought quashing of the charge-sheet on the ground that the allegation does not make out an offence under the Act against the appellant merely because respondent No. 2 was a Scheduled Caste since the property dispute was no

(48) RAJNESH Vs. NEHA AND ANOTHER [SUPREME COURT OF INDIA] 04-11-2020
Criminal Procedure Code, 1973 (Cr.PC) - Section 125 - Matrimonial matters - Payment of Maintenance - Maintenance in all cases will be awarded from the date of filing the application for maintenance

(49) THE STATE OF TAMIL NADU AND ANOTHER Vs. K. FAZLUR RAHMAN AND ANOTHER [SUPREME COURT OF INDIA] 03-11-2020
Waqf Act, 1995 - Section 99 - Power to supersede Board - There can be no dispute that prima facie evidence of financial irregularity, misconduct has to be prima facie financial irregularity or misconduct by the Board which is sought to be superseded - The third expression that is "violation" of the provisions of this Act has also to be read in the same manner that is violation of the provisions of this Act by actions of the Board - Legislative intendment as contained in second provision to Secti

(50) RAJESH @ SARKARI AND ANOTHER Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 03-11-2020
Penal Code, 1860 (IPC) - Section 302 and 34 - Murder - Refusal to undergo Test Identification Parade (TIP) - Guilt cannot be based purely on the refusal of the accused to undergo an identification parade - Ballistics evidence connecting the empty cartridges and the bullets recovered from the body of the deceased with an alleged weapon of offence is contradictory and suffers from serious infirmities - A refusal to undergo a test identification parade assumes secondary importance, if at all, and c

(51) BIRAJI @ BRIJRAJI AND ANOTHER Vs. SURYA PRATAP AND OTHERS [SUPREME COURT OF INDIA] 03-11-2020
Adoption deed - Summoning of record - Belated stage to summon the record - Appellants have questioned the adoption deed, executed by late father of the first plaintiff executed in favor of defendant no.1 registered before Sub-Registrar. Further, consequential injunction orders are sought to restrain the defendant herein from interfering in the peaceful possession of the appellants-plaintiffs with the property as mentioned in the plaint - It is an undisputed fact that the evidence is closed and t

(52) CHIEF MANAGER, PUNJAB NATIONAL BANK AND ANOTHER Vs. ANIT KUMAR DAS [SUPREME COURT OF INDIA] 03-11-2020
Service Law - Eligibility criteria - Post of peon - Candidate overqualified - Suppression of material information and making a false statement has a clear bearing on the character and antecedents of the employee in relation to his continuance in service - A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service - Thus, on the ground of suppression of material information and the facts and as the respondent even otherwise

(53) SHRI RAM SAHU (DEAD) THROUGH LRS. AND OTHERS Vs. VINOD KUMAR RAWAT AND OTHERS [SUPREME COURT OF INDIA] 03-11-2020
Civil Procedure Code, 1908 (CPC) - Order 47 Rule 1 and Section 114 - Review of judgment/Order - Scope and ambit - High Court has allowed the review petition filed by the respondent, and has reviewed the judgment and order and has deleted the observations made in para 20 of the judgment and order more particularly with respect to the observations made in para 20 as regards the possession of the disputed house, which were in favour of the appellants - Appeal against same - When a person considerin

(54) SMT. RENUKA DEY AND OTHERS Vs. NARESH CHANDRA GOPE (D) THR. LRS. AND ANOTHER [SUPREME COURT OF INDIA] 02-11-2020
West Bengal Restoration of Alienated Land Act, 1973 - Section 4 - Restoration of land -Invocation of the restoration provision - Mere fact that part of the sale proceeds has been utilised for purchasing another agricultural land would not per se disentitle a transferor from invoking the restoration provision contained in the 1973 Act, provided of course, the transaction sought to be repudiated otherwise attracts the

(55) M/S. IMPERIA STRUCTURES LIMITED Vs. ANIL PATNI AND ANOTHER [SUPREME COURT OF INDIA] 02-11-2020
Real Estate (Regulation and Development) Act, 2016 - Sections 79 - Bar of jurisdiction - Consumer complaint by allottee against builder - Section 79 of the RERA Act does not in any way bar the Commission or Forum under the provisions of the CP Act to entertain any complaint

(56) THE STATE OF RAJASTHAN AND OTHERS Vs. HEEM SINGH [SUPREME COURT OF INDIA] 29-10-2020
Penal Code, 1860 (IPC) - Sections 302, 201 and 120B - Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958 - Rule 16 - Dismissal from service - Disciplinary proceedings - Reinstatement without Back wages - Respondent, was appointed as a Constable in the police service in 1992 - In August 2002, he was named in an FIR in a murder case - Sessions Court acquitted him giving them the benefit of doubt - The disciplinary enquiry on the charge of murder proceeded with much the sam

(57) THOMAS LAWRENCE Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 29-10-2020
Kerala Conservation of Paddy Land and Wetland Act, 2008 - Kerala Wetlands (Conservation and Management) Rules, 2010 - Rule 4 - Restrictions on activities within wetlands - District Collector has not taken action in accordance with the order dated 19.12.2018 as a result of which it is necessary to set aside the NGT order and remand the matter for de novo hearing - Given the fact that the Collector has passed an order pursuant to the NGT's order dated 19.12.2018, it is clear that the execution app

(58) INSOLVENCY AND BANKRUPTCY BOARD OF INDIA Vs. LALIT KUMAR JAIN AND OTHERS [SUPREME COURT OF INDIA] 29-10-2020
Insolvency and Bankruptcy Code, 2016 - Section 1(3) - Constitution of India, 1950 - Articles 139(A) and 142 - Transfer Petitions - By a Notification dated 15.11.2019, the Ministry of Corporate Affairs, Government of India in exercise of its power conferred under Section 1(3) of the Insolvency and Bankruptcy Code, 2016 brought into force the following provisions of the Insolvency and Bankruptcy Code, 2016 insofar as they related to 'personal guarantors to corporate debtors' with effect from 01.12

(59) CHUNTHURAM Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 29-10-2020
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Conviction and sentence - Appeal against - Witness here knew the victim, allegedly saw the fatal assault on the victim and yet kept quiet about the incident. If PW4 had the occasion to actually witness the assault, his reaction and conduct does not match upto ordinary reaction of a person who knew the deceased and his family. His testimony therefore deserves to be discarded - On the motive aspect, the land dispute was finally decided and it

(60) TOFAN SINGH Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 29-10-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 53 - All the investigative powers vested in an officer in charge of a police station under the CrPC including the power to file a charge-sheet are vested in these officers when dealing with an offence under the NDPS Act - Section 53 is located in a statute which contains provisions for the prevention, detection and punishment of crimes of a very serious nature.