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Latest Cases

(41) SANJAI TIWARI Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 16-12-2020
Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471, 477A and 120B - Prevention of Corruption Act, 1988 - Sections 13(1)(d) read with 13(2) - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Application under Section 482 Cr.P.C. asking the Court to expedite the hearing in criminal trial - Maintainability of - All criminal trials where offences involved under the Prevention of Corruption Act have to be concluded at an early date and normally no exception can be taken to the order of the High

(42) SAMIR AGRAWAL Vs. COMPETITION COMMISSION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-12-2020
Competition Act, 2002 - Section 3 - Anti-competitive agreements - Ola and Uber do not facilitate cartelization or anti-competitive practices between drivers, who are independent individuals, who act independently of each other, so as to attract the application of section 3 of the Act, as has been held by both the CCI and the NCLAT.

(43) ACTION ISPAT AND POWER PRIVATE LIMITED Vs. SHYAM METALICS AND ENERGY LIMITED [SUPREME COURT OF INDIA] 15-12-2020
Insolvency and bankruptcy Code, 2016 - Section 7 - Companies Act, 1956 - Sections 433(e) and (f), 434, 434(1)(c) and 439 - Companies (Transfer of Pending Proceedings) Rules, 2016 - Rules 5 and 6 - Winding up proceeding pending - Transfer of - High court to NCLT - Appeal against - Proceedings for winding up of a company are actually proceedings in rem to which the entire body of creditors is a party - Proceeding might have been initiated by one or more creditors, but by a deeming fiction the peti

(44) SMT. S VANITHA Vs. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT AND OTHERS [SUPREME COURT OF INDIA] 15-12-2020
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 8 - Summary Eviction Procedure - Right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act 2007

(45) DR. AKB SADBHAVANA MISSION SCHOOL OF HOMEO PHARMACY Vs. THE SECRETARY, MINISTRY OF AYUSH AND OTHERS [SUPREME COURT OF INDIA] 15-12-2020
Homeopathic Practitioners (Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982 - Regulation 6 - Prohibition of advertisement - competency to cure COVID-19 disease - When statutory regulations itself prohibit advertisement, there is no occasion for Homeopathic medical practitioners to advertise that they are competent to cure COVID-19 disease - When the Scientists of entire world are engaged in research to find out proper medicine/vaccine for COVID-19, there is no occasion for m

(46) IQBAL BASITH AND OTHERS Vs. N. SUBBALAKSHMI AND OTHERS [SUPREME COURT OF INDIA] 14-12-2020
Evidence Act, 1872 - Sections 90 and 114(e) - Relief of permanent injunction - Presumption Admissibility in evidence of thirty years old documents - Section 90 of the Evidence Act, 1872 is founded on necessity and convenience because it is extremely difficult and sometimes not possible to lead evidence to prove handwriting, signature or execution of old documents after lapse of thirty years - In order to obviate such difficulties or improbabilities to prove execution of an old document, Section

(47) AMAR NATH CHAUBEY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-12-2020
Penal Code, 1860 (IPC) - Sections 302, 147, 148 and 149 - Murder - Investigation - Political rivalry - Confidential information from the police informer, that respondent no.5 had given a "supari" of Rs. Five lacs for murder of the deceased - Investigation pending against respondent no.5 - Charge sheet stated that the name of respondent no.5 had transpired during investigation as having conspired in the killing after which Section 120B I.P.C. was also added - Investigation and closure report do n

(48) VIDYA DROLIA AND OTHERS Vs. DURGA TRADING CORPORATION [SUPREME COURT OF INDIA] 14-12-2020
Arbitration and Conciliation Act, 1996 - Sections 8 and 11 - Landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable as they are not actions in rem but pertain to subordinate rights in personam that arise from rights in rem - Such actions normally would not affect third-party rights or have erga omnes affect or require centralized adjudication - An award passed deciding landlord-tenant disputes can be executed and enforced like a decree of the civil court - Landlor

(49) KRITIKA Vs. ROHIT GURBAKSH LAL BHOLA [SUPREME COURT OF INDIA] 11-12-2020
Hindu Marriage Act, 1955 - Section 13B - Divorce by mutual consent - Settlement agreement - As per the settlement agreement, the respondent has to pay a total amount of Rs. 5,00,000/- (Rupees five lac only) towards full and final settlement. This amount is liable to be paid at different stages - It is agreed by the learned counsel on both sides that a sum of Rs.2,00,000/- (Rupees two lac only) has already been paid and the petition for divorce by mutual consent has also been filed on the file of

(50) COAL INDIA LIMITED Vs. M/S. VASUNDHARA COAL CARRIERS PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 11-12-2020
Writ petition - Transfer of - High Court of Orissa to the High Court of Delhi - It is no doubt true that Mahanadi Coal Fields Ltd. is a subsidiary of the petitioner, namely, Coal India Ltd - But both are different and distinct legal entities - When no relief is sought against the petitioner herein in the writ petition and the company against whom relief is sought in the writ petition is not seeking a transfer.

(51) GOPI RAM Vs. THE STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 11-12-2020
Penal Code, 1860 (IPC) - Section 302 - Murder - Deletion from array of parties - Main appeal is by accused no. 2 who was convicted for an offence under Section 302 IPC. The applicant who is arrayed as respondent no. 2 in the appeal was accused no. 3 and he was acquitted - Since the appeal arises out of conviction of Accused No. 2, the applicant herein who was accused No. 3 and was acquitted, is not a necessary party. Hence, the application for deletion of respondent no. 2 is allowed.

(52) CHANDIGARH HOUSING BOARD Vs. TARSEM LAL AND ANOTHER [SUPREME COURT OF INDIA] 11-12-2020
Condonation of delay - Applications filed by the Chandigarh Housing Board which is the petitioner in the Special Leave Petition, seeking condonation of delay of 5792 days and also seeking to bring on record the lrs. of the deceased second respondent - When the appeal before Punjab & Haryana High Court itself had abated as against the second respondent, the question of abatement in this Court and the question of seeking to set aside the abatement against the second respondent does not arise - As

(53) ORIENTAL INSURANCE CO. LIMITED APPELLANT Vs. ZAIXHU XIE AND OTHERS @RESPONDNET[SUPREME COURT OF INDIA] 11-12-2020
Judicial Discipline - Pronouncement of final orders without reasoned judgments - Judicial discipline requires promptness in delivery of judgments, an aspect repeatedly emphasized by this Court when this problem gets compounded where the result may be known but not the reasons depriving the aggrieved party of opportunity to seek further judicial redressal - This Court have referred to the Constitution Bench judgment of this Court delivered as far back as in 1983 in State of Punjab & Ors. vs. Jagd

(54) APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY AND ANOTHER Vs. JAI BHARATH COLLEGE OF MANAGEMENT AND ENGINEERING TECHNOLOGY AND OTHERS [SUPREME COURT OF INDIA] 10-12-2020
A.P.J. Abdul Kalam Technological University Act, 2015 - Sections 30(2) - Source of power for Syndicate to prescribe norms and standards for affiliation - AICTE has reserved to itself the power to conduct inspections and take penal action against colleges for false declarations, such penal action does not mean anything and does not serve any purpose for the students who get admitted to colleges which have necessary infrastructure only on paper and not on site - Regulations of the AICTE are silent

(55) ROHTAS AND ANOTHER Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 10-12-2020
Penal Code, 1860 (IPC) - Sections 148 and 307 - Attempt to murder - Medical experts have in their depositions clearly explicated that the weapons used and the injuries inflicted were more than sufficient to cause death in ordinary course of nature - Not only were there seven injuries, some of which were deep cuts on vital parts of the body including on the head (above the ear); but the appellants broke all the bones in the complainant's feet below the knee - Most appallingly, the injuries have l

(56) MADHAVI Vs. CHAGAN AND OTHERS [SUPREME COURT OF INDIA] 09-12-2020
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Section 5(5) - Education - Appointment - Seniority of teachers in secondary school - Determination of - Appellant was holding the qualifications of B.A., B.Ed. at the time of her initial appointment on 16.7.1985, though appellant was appointed against a regular vacancy on 24.11.1988 - However, Respondent was not qualified for appointment as Assistant Teacher as he graduated in Science only in the year 1997 an

(57) SARITHA S. NAIR Vs. HIBI EDEN [SUPREME COURT OF INDIA] 09-12-2020
Representation of the People Act, 1951 - Section 8(3) - Disqualification - Nomination of the petitioner was rejected on the ground that she was convicted in 2 criminal cases - Therefore, in effect, the disqualification under Section 8(3) will continue so long as there is no stay of conviction. In the case on hand, the petitioner could not obtain a stay of conviction but obtained only a stay of execution of the sentence. Hence her nominations were validly rejected by the Returning Officer. Merely

(58) TITTY ALIAS GEORGE KURIAN Vs. THE DEPUTY RANGE FOREST OFFICER [SUPREME COURT OF INDIA] 09-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Wild Life (Protection) Act, 1972 - Sections 2, 9, 39A, 49A and 51 - Possession of Indian Flap Shell Turtle - Appeal against acquittal - Section 9 of the Act, 1972 prohibits hunting of any wild animal under Schedule I, II, III and IV except as provided under Sections 11 and 12. Sections 11 and 12 are the provisions where hunting is permitted by the permission of Chief Wild Life Warden. In case a person hunts any of the wild animals which are in

(59) ANITA SHARMA AND OTHERS Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 08-12-2020
Motor Vehicle - Accident - Death - Rash and negligent driving by driver - Enhancement of compensation - Future prospects - At the time of death, the deceased was aged 34 years and was an income tax assessee with an Employees Provident Fund (EPF) account. He was employed in as Sales Officer on regular basis. He left behind a widow, two minor children and a mother; all of whom were dependent on him - No effective argument could be raised on their behalf as to how the compensation assessed by the T

(60) THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT Vs. P.V. KRISHNAMOORTHY AND OTHERS [SUPREME COURT OF INDIA] 08-12-2020
National Highways Act, 1956 - Sections 3A and 3A(1) - Notifications issued for acquiring land for the Chennai-Salem eight-lane greenfield expressway project - By virtue of notification under Section 3A of the 1956 Act, neither the acquiring body nor the NHAI had come in possession of the concerned land nor the land had vested in them, so as to alter the mutation entry in their favour - To that extent, agree with the High Court that until the acquisition process is completed and possession of lan