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Latest Cases

(41) MOHD. INAM Vs. SANJAY KUMAR SINGHAL AND OTHERS [SUPREME COURT OF INDIA] 26-06-2020
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 12, 16, 16(1)(b) and 18 - Appeal against order of allotment or release - Sub-letting the property to some other persons who were not the family members of the tenant - A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother's son and their families - As such, the inspection report clearly established, that no pers

(42) RAJASTHAN STATE WAREHOUSING CORPORATION Vs. STAR AGRIWAREHOUSING AND COLLATERAL MANAGEMENT LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-06-2020
Constitution of India, 1950 - Article 136 - Rajasthan Transparency in Public Procurement Rules, 2013 - Rule 70(8) - Grant of contract - Once the bidding process is complete, the appellant is entitled to take work from the successful bidders rather than taking work from the short-term tenderers who were granted contract in exigency of the situation. In the matters of contract, the grant of interim order to restrain the successful bidders from executing the contract is not in public interest, more

(43) SHAKTI NATH AND OTHERS Vs. ALPHA TIGER CYPRUS INVESTMENT NO.3 LTD. AND OTHERS [SUPREME COURT OF INDIA] 23-06-2020
Share Purchase Agreement (SPA) - Requesting for the execution of the SPA - The SPA is in the nature of an agreement to transfer shares at a future date - Application for execution of the SPA is justified - GLI has deposited an amount of Rs. 10,00,00,000 as down payment - This Court vide Order dated 24.04.2020 directed the Registry to invest the amount in an interest­bearing deposit for 6 months on auto renewal basis.

(44) ODISHA VIKASH PARISHAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-06-2020
Jagannath Rath Yatra - This Court Suggested to the parties that the procession of chariots, i.e., the Rath Yatra itself, could be allowed to proceed, however, without the general congregation which participates in this Yatra and informed that it would be well nigh impossible to ensure that there is no congregation - This Court was left with no option but to grant an injunction restraining the Rath Yatra itself - An affidavit filed on behalf of the State of Orissa stating

(45) S.KASI Vs. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT [SUPREME COURT OF INDIA] 19-06-2020
Penal Code, 1860 (IPC) - Sections 457, 380, 457(2), 380(2), 411(2) and 414(2) - Criminal Procedure Code, 1973 (CrPC) - Sections 167 and 167(2) - Pray for grant of default bail due to non-submission of charge sheet - View of the learned Single Judge that the restrictions, which have been imposed during period of lockdown by the Government of India should

(46) JINOFER KAWASJI BHUJWALA Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 19-06-2020
Penal Code, 1860 (IPC) - Sections 406, 409, 420, 465, 468, 471 and 120B - Prevention of Corruption Act, 1988 - Section 13(1)(d) - Arbitration and Conciliation Act, 1996 - Sections 9 and 17 - Bail application - Gujarat Maritime Board lodged a complaint with the CID Crime, alleging that ANL was guilty of (1) inflation of cost (2) non execution of certain works (3) creation of shell companies and carrying out work through them (4) siphoning and round tripping of funds through those companies (5) no

(47) LAXMI SINGH AND OTHERS Vs. REKHA SINGH AND OTHERS [SUPREME COURT OF INDIA] 19-06-2020
Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 - Section 28(8) - Representation of the People Act, 1951 - Section 94 - Election - No confidence Motion - Fundamental principles of election law pertains to the maintenance of free and fair elections, ensuring the purity of elections - Principle of secrecy of ballots is an important postulate of constitutional democracy whose aim is the achievement of this goal

(48) IN RE : THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.[SUPREME COURT OF INDIA] 19-06-2020
Proper Treatment of Covid 19 Patients - This Court direct that all States shall also constitute an expert team of Doctors and other experts for inspection, supervision and guidance of Government hospitals and other hospitals dedicated to Covid-19 in each State who may inspect, supervise the hospitals in the State and issue necessary directions for the improvement to the concerned hospital and report to the Government - Chief Secretary of each State shall ensure that such Committees are immediate

(49) STATE OF WEST BENGAL AND OTHERS Vs. SOROJ KUMAR MONDAL AND OTHERS [SUPREME COURT OF INDIA] 19-06-2020
Application for condonation of delay - Government has no right to walk into this Court as and when they want even if other matters are pending - If there is public interest involved then the Government has been grossly negligent to look after public interest. Not only that, a reading of the application for condonation of delay shows that in the worst case scenario, with all its delays, the matter was ready for filing of the SLP on 18.02.2015 where after a certified copy of the order was applied

(50) D. DEVARAJA Vs. OWAIS SABEER HUSSAIN [SUPREME COURT OF INDIA] 18-06-2020
Penal Code, 1860 (IPC) - Sections 120-B, 220, 323, 330 348, 506B and 34 - Criminal Procedure Code, 1973 (CrPC) - Sections 197, 245 and 482 - Karnataka Police Act, 1963 - Section 170 - Cognizance of offence - Quashing of proceedings - Want of sanction - Whether sanction is necessary or not may have to be determined at any stage of the proceedings.<

(51) MUSTAK @ KANIO AHMED SHAIKH Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 18-06-2020
Penal Code, 1860 - Sections 114 and 307 - Arms Act, 1959 - Section 25(1)(B)(a) - Bombay Police Act, 1951 - Section 135(1) - Attempt to Murder - Sentence enhanced from Six to Seven Years by High Court - Appeal against - Minor discrepancies in evidence and inability to recall details of the description of houses, roads and streets after several years, do not vitiate the evidence of recovery itself - Appellant showed the police the spot where the weapons had been hidden under the sand - It is reite

(52) SURENDRA KUMAR BHILAWE Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 18-06-2020
Motor Vehicles Act, 1988 - Section 2(30) - Definition of the expression 'owner' in Section 2(30) of the Motor Vehicles Act, 1988, it is the person in whose name the motor vehicle stands registered, who, for the purposes of the said Act, would be treated as the owner of the vehicle

(53) RANA NAHID @ RESHMA @ SANA AND ANOTHERS Vs. SAHIDUL HAQ CHISTI [SUPREME COURT OF INDIA] 18-06-2020
Muslim Women (Protection of Rights on Divorce) Act, 1986 - Section 3 - Muslim divorce - Maintenance - Whether the family court has jurisdiction to try application filed by Muslim divorced woman for maintenance under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 - In view of difference of opinions and the distinguishing judgments

(54) SHAMITA SINGHA AND ANOTHER Vs. RASHMI AHLUWALIA AND ANOTHER [SUPREME COURT OF INDIA] 18-06-2020
Civil Procedure Code, 1908 (CPC) - Sections 10 and 25 - Succession Act, 1925 - Section 270 - Suit for partition - Transfer of - A petition for transfer under Section 25 of the Code, however, is decided on consideration of the ends of justice - The "First past the post" is not the principle that can be applied in proceedings of this nature - Probate Court having primacy in determining the question of grant of Letters of Administration or Probate, it would be expedient for the ends of justice that

(55) SUBHASH SAHEBRAO DESHMUKH Vs. SATISH ATMARAM TALEKAR AND OTHERS [SUPREME COURT OF INDIA] 18-06-2020
Criminal Procedure Code, 1973 (CrPC) - Section 203 - Dismissal of complaint - Where the complaint has been dismissed by the Magistrate under Section 203 of the Code, upon challenge to the legality of the said order being laid by the complainant in a revision petition before the High Court or the Sessions Judge, the persons who are arraigned as accused in the complaint have a right to be heard in such revision petition.

(56) RAJENDRA SINGH AND OTHERS @APPELLAN Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 18-06-2020
Motor Vehicle - Just and Proper compensation - Enhancement of compensation - Horse cart was hit by a bus resulting into death - Deduction on account of contributory negligence has already been held to be unsustainable - Determination of a just and proper compensation to the appellants with regard to the deceased child, in the entirety of the facts and circumstances of the case does not persuade us to enhance the same any further from Rs.2,95,000/­ by granting any further compensation under the s

(57) THE DISTRICT COLLECTOR AND OTHERS Vs. GUNASEKARAN AND OTHERS [SUPREME COURT OF INDIA] 17-06-2020
Filing of 'Certificate Cases' - Where the only purpose is to approach this court to get a certificate of dismissal of the appeal/petition and such endeavours must be discouraged.

(58) SIRI CHAND (DECEASED) THR. LRS Vs. SURINDER SINGH [SUPREME COURT OF INDIA] 17-06-2020
Registration Act, 1908 - Section 17(1)(d) - East Punjab Urban Rent Restriction Act, 1949 - Section 13 - Compulsory registration - Eviction of the tenant along with arrears of rent and house tax and interest on the arrears of rent - Payment of monthly rent was mentioned in the lease deed - Rent note - As per law laid down by this Court in Ram Kumar Das, AIR 1952 SC 23 there shall be a presumption that the tenancy in the present case is monthly tenancy - When the clauses of rent note are cumulativ

(59) SAVITHA Vs. M/s. CHODAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS [SUPREME COURT OF INDIA] 16-06-2020
Accident - Rash and negligent driving - Compensation - Enhancement of - Orthopedic Surgeon, deposed that the appellant had suffered nine injuries, of which seven were grievous in nature and she had to undergo two surgeries which left her disabled from doing house work and unable to walk without the aid of crutches - Her whole body disability was medically assessed at 32%. - Tribunal, by hairsplitting the expert evidence assessed the whole body disability at 15% - High Court for inexplicable reas

(60) SMT. SANGITA ARYA AND OTHERS Vs. ORIENTAL INSURANCE CO. LIMITED AND OTHERS [SUPREME COURT OF INDIA] 16-06-2020
Motor Vehicle - Accident - Death in road accident - Compensation - Enhancement of - Deceased was a Government servant and running a parallel business by plying taxis - High Court has erroneously observed that the deceased was running a parallel business by plying two taxis, and held that the income derived from the same could not be taken into consideration for assessing the compensation - These findings being based on a completely erroneous assumption, are liable to be set aside - It appropriat