ive

Latest Cases

(61) KOMAL HIWALE Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 16-06-2020
Medical Termination of Pregnancy Act, 1971 - Twin Pregnancy - Serious foetal abnormalities - Petitioner who is now pregnant by about 24-25 weeks, had sought permission for foetal reduction of one foetus which is affected with down syndrome - This is a chromosomal abnormality and has no treatment - The baby will suffer from significant mental retardation, intellectual disability and may also have other health conditions like heart disease etc. in the affected person - Thus, leading to severe limi

(62) STATE OF TELANGANA Vs. POLEPAKA PRAVEEN @ PAWAN [SUPREME COURT OF INDIA] 15-06-2020
Constitution of India, 1950 - Article 136 - Protection of Children from Sexual Offences Act, 2012 - Imposition of death sentence - Petition is preferred by the State on the limited issue that the death sentence imposed by the Trial Court has been modified by the High Court to a life sentence albeit with a rider that the respondent-convict shall not be released till his last breath - It is the submission of the learned counsel for the petitioner that a signal goes to the society by imposition of

(63) WARAD MURTI MISHRA Vs. STATE OF MADHYA PRADESH AND ANOTHER. [SUPREME COURT OF INDIA] 15-06-2020
Madhya Pradesh State Administrative Service (Classification, Recruitment and Conditions of Service) Rules, 1975 - Rule 13 - Probation - Departmental examination - Appellant in the lead matter joined the service as Deputy Collector on 01.07.1996 after being selected by the Madhya Pradesh Public Service Commission - Appellant was initially put on probation for two years and was required to clear a departmental examination within that period - In terms of the concerned Rules, the probation period c

(64) THE INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU AND OTHERS. K. BASKARAN [SUPREME COURT OF INDIA] 15-06-2020
Stamp Act, 1899 - Section 47A - Suo motu - Power of - There is nothing in the scheme of the Act which purports to restrict the exercise of suo motu power under Section 47-A, and confines it to cases where knowledge of any illegality or infirmity in the proceedings undertaken by the subordinate officers must be gathered from sources other than through a pending appeal - Unless the statute expressly or even by necessary implication restricts the exercise of power, there would be no occasion to rea

(65) VINODCHANDRA SAKARLAL KAPADIA Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 15-06-2020
Bombay Tenancy and Agricultural Lands, Act, 1948 - Section 63 - Transfers to non-agriculturists barred - Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 debars an agriculturist from parting with his agricultural land to a non-agriculturist through a "Will".

(66) M.H. UMA MAHESHWARI AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 12-06-2020
Motor Vehicles Act, 1988 - Section 166 - Rash and Negligent Driving - Compensation - Accident occurred due to negligent driving of the driver of the vehicle and proceeded to quantify the compensation - Appeal allowed.

(67) FICUS PAX PRIVATE LTD. AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-06-2020
Constitution of India, 1950 - Article 14, 19(1)(g) and Article 21 - Disaster Management Act, 2005 - Sections 10(1) and 10(2)(l) - Central Government to direct the private employers to make full payment of wages to the employees during the period of lockdown - Challenged - Private establishment, industries, employers who are willing to enter into negotiation and settlement with the workers/employees regarding payment of wages for 50 days or for any other period as applicable in any particular Sta

(68) IN RE THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.[SUPREME COURT OF INDIA] 12-06-2020
Covid-19 testing - Non-testing of the patients is not a solution to the problem rather increase in the testing facility is the duty of the State, so that people may come to know about their health status regarding Covid-19 and they may take appropriate care and treatment of Covid-19 - This Court impress upon the States to ensure that there should be steep increase in the testing both by Government hospitals and private labs and whosoever desires for testing should not be denied on any technical

(69) NIRBHAY KUMAR AND OTHERS Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 11-06-2020
Constitution of India, 1950 - Article 32 and 142 - Appointment - Post of Police Sub-Inspector - Selection and appointment of the 133 candidates are passed in the peculiar background of the litigation starting from the advertisement in the year 2004 and several rounds of litigations during the past fourteen years, in exercise of jurisdiction under Article 142 of the Constitution of India and the same shall not be treated as a precedent.

(70) UMEDSINH P CHAVDA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 11-06-2020
Constitution of India, 1950 - Article 32 - Ban on Coca Cola, Thumbs Up Etc. - Petitioner claims to be a "social worker" - Affidavit in support of the petition states that the contents of the petition are true to the knowledge and belief of the petitioner - Petition has been filed without the petitioner having any technical knowledge on the subject - Source of his assertions has not been substantiated. No justification or explanation is forthcoming during the submissions of learned Senior Counsel

(71) BIKRAM CHATTERJI AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-06-2020
Housing - Recovery of amount of interest - Noida and Greater Noida Authorities did not take the step of termination of leases for various reasons - A large number of home buyers have been waiting now approximately for the last 8 to 10 years or more for completion of houses - It is not in dispute that the real estate sector has suffered a setback at present - It contributes to the GDP of the country

(72) SRI ANTHONY ALIAS ANTHONY SWAMY Vs. THE MANAGING DIRECTOR, K.S.R.T.C. [SUPREME COURT OF INDIA] 10-06-2020
Motor Accident - Rash and Negligent driving - Physical functional disability - Enhancement of compensation - PW.3 had assessed the physical functional disability of the left leg of the appellant at 75% and total body disability at 37.5%. - The earning capacity of the appellant as on the date of the accident stands completely negated and not reduced. He has been rendered permanently incapable of working as a painter or do any manual work. Compensation for loss of future earning therefore has to b

(73) ADDISSERY RAGHAVAN Vs. CHERUVALATH KRISHNADASAN [SUPREME COURT OF INDIA] 08-06-2020
Kerala Building (Lease and Rent Control) Act, 1965 - Section 11(8) - Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 13(2) - Eviction - Section 11(8) of the Kerala Rent Act is materially different from Section 13(2) of the Bombay Rent Act in that it does not provide for partial eviction if comparative hardship of a landlord and a tenant are to be weighed against each other.

(74) STATE OF ORISSA Vs. B. ENGINEERS & BUILDERS LTD. & ORS. [SUPREME COURT OF INDIA] 05-06-2020
Orissa Sales Tax Act, 1947 - Sections 5 and 5(2)(AA) - General Conditions of Contract - Clause 45.2 - Reimbursement of sales tax - Contractor company is rightfully entitled to claim reimbursement of the amount of sales tax levied on the taxable turnover of the works contracts executed by it. A fortiori, the grounds on which the appellant seeks to resist the claim of the contractor company for such reimbursement, i.e., with reference to the expression "completed item of work" in the said Clause 4

(75) SHAKTI BHOG FOOD INDUSTRIES LTD. Vs. THE CENTRAL BANK OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 05-06-2020
Limitation Act, 1963 - Articles 2, 3, 22 and 113 - Civil Procedure Code, 1908 (CPC) - Order 7 Rules 11 an 11(d) - Rejection of plaint - Barred by law of limitation - Appellant had relied on Articles 2, 3 and 22 of the 1963 Act to urge that the suit filed in February, 2005 was within limitation - Appellant had filed the stated suit on 23.2.2005 for a decree for rendition of true and correct accounts in respect of the interest/commission charged and deducted by the Bank

(76) RAMNATH AND COMPANY Vs. THE COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 05-06-2020
Income Tax Act, 1961 - Section 80-O - Deduction - Income received in foreign exchange - Whether the income received by the appellants in foreign exchange, for the services provided by them to foreign enterprises, qualifies for deduction under Section 80-O of the Income Tax Act, 1961, as applicable during the respective assessment years from 1993-94 to 1997-98 - Held, Appellate Authority observed that even if acting as agent of the foreign enterprises, the appellant was locating the sources of fr

(77) SOMASUNDARAM @ SOMU Vs. THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE [SUPREME COURT OF INDIA] 03-06-2020
Penal Code, 1860 (IPC) - Sections 302 and 364 - Evidence Act, 1872 - Section 133 - Abduction and murder - Accomplice evidence - Section 133 provides that an accomplice is a competent witness against an accused person and that a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice - Effect of this provision is that the court trying an accused may legally convict him on the single evidence, of an accomplice - Accomplice witnesses, who have been re

(78) M/S. CENTROTRADE MINERALS AND METALS INC. Vs. HINDUSTAN COPPER LTD. [SUPREME COURT OF INDIA] 02-06-2020
Arbitration and Conciliation Act, 1996 - Section 48 and 48(1)(b) - Enforcement of foreign award - It is important to point out that the learned arbitrator had given a large number of opportunities to file documents and legal submissions - On 03.05.2001 the learned arbitrator directed that the appellant serve submissions along with supporting documents, following the respondent’s response and evidence therein, with a right in the appellant to put in a reply, in accordance with a clear time table

(79) TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LIMITED AND ANOTHER Vs. M/S. SRIGDHAA BEVERAGES [SUPREME COURT OF INDIA] 01-06-2020
State Financial Corporations Act, 1951 - Section 29(1) - Electricity Act, 1910 - Sections 2(c), 24 and 56 - Electricity dues - Liability to pay - Respondent is an auction-purchaser of a unit owned by M/s. SB Beverages Private Limited, which failed to pay its dues, resulting in the auction by Syndicate Bank (Secured Creditor) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

(80) SONU @ SUNIL Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 29-05-2020
Penal Code, 1860 (IPC) - Sections 34, 394, 460 and 302 - Madhya Pradesh Dakaiti Avam Vyapharan Adhiniyam, 1981 - Sections 11 and 13 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Evidence Act, 1872 - Sections 27 and 114 - Murder and theft - Common intention - Circumstantial evidence - There is a charge of causing death by strangulation, the finding is that the death was caused as a result of the injuries inflicted with the knife. The knife was, apparently, carried and wielded by the co-a