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Latest Cases

(61) SMRITI MADAN KANSAGRA Vs. PERRY KANSAGRA [SUPREME COURT OF INDIA] 08-12-2020
Temporary custody of son - Mother desires the temporary custody of son all through Easter, Winter and Summer vacations, and seeks directions that she be allowed to visit Kenya every two months at the expenses of the father; while on the other hand, the anxiety and apprehension expressed by the father is that repeated visits to India all through the vacations will not allow son sufficient time for his activities and pursuits - This Court rejected the case of the Mother for having temporary custod

(62) DAULAT SINGH (D) THR. LRS. Vs. THE STATE OF RAJASTHAN & OTHERS [SUPREME COURT OF INDIA] 08-12-2020
Transfer of Property Act, 1882 - Sections 122 and 123 - Gift deed - Transfer of land - Section 122 of the Transfer of Property Act, 1882 provides that for a gift to be valid, it must be gratuitous in nature and must be made voluntarily. The said giving away implies a complete dispossession of the ownership in the property by the donor. Acceptance of a gift by the donee can be done anytime during the lifetime of the donor - Section 123 provides that for a gift of immovable property to be valid, t

(63) THE STATE OF MADHYA PRADESH AND ANOTHER Vs. U.P. STATE BRIDGE CORPORATION LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 08-12-2020
Construction of Elevated Corridor (Flyover) - Rejection of bid on ground that bidder suppressed information required under paragraph 13 of Appendix IA - Appendix IA consists of the letter comprising the technical bid addressed to the Office of the Chief Engineer, Bridge Construction Zone - Bhopal, which has to be filled up in a particular format. Paragraphs 11 and 13 of this letter are important and are set out hereinbelow: that no investigation by a regulatory authority is pending either agains

(64) KAUSHAL VERMA AND OTHERS Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 08-12-2020
Convenience note - Presentation made by learned Standing Counsel for the State in the Convenience Note extracted is an illustration how a case can be presented on behalf of the State - This Court may suggest that Convenience Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court - Registry may circulate copies of this Order to all the learned Standing Counsel for the States.

(65) TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) Vs. ANDHRA PRADESH POWER GENERATION CORPORATION LTD. [SUPREME COURT OF INDIA] 07-12-2020
Andhra Pradesh Re-organisaiton Act, 2014 - Sections 3, 4 and 82 - Allocation of employees - Power sector undertakings in the States of Telangana and Andhra Pradesh - Distribution of personnel - One-Man Committee has considered all materials and objections placed before it by both sides including the representation of the employees and employees organisations submitted from time to time. The process which was initiated by submitting Final Report dated 26.12.2019 was supplemented by Supplementary

(66) AMISH DEVGAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Exercise of inherent jurisdiction - Quashing of FIR - Petitioner, while hosting the debate, had described Pir Hazrat Moinuddin Chishti, also known as Pir Hazrat Khwaja Gareeb Nawaz, as "aakrantak Chishti aya... aakrantak Chishti aya... lootera Chishti aya... uske baad dharam badle". Translated in English the words spoken would read – "Terrorist Chishti came. Terrorist Chishti came. Robber Chishti came - thereafter the religion changed," imputi

(67) NATIONAL MEDICAL COMMISSION Vs. MOTHUKURU SRIYAH KOUMUDI AND OTHERS [SUPREME COURT OF INDIA] 07-12-2020
Education Laws - Admission in Medical Colleges - Illegal denial of admission - Post-Graduate Medical Specialty course of MS (General Surgery) - As the last date for admissions for the present academic year is 30.08.2020 - This Court are not inclined to grant admission to Respondent No.1 for this academic year. Even if the admission of Respondent No.5 is cancelled as having not been in accordance with the Regulations, it would not be of any use to Respondent No.1 or to any other eligible candidat

(68) VIKESH KUMAR GUPTA AND ANOTHER Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 07-12-2020
Appointment - Appointments to Public posts - Examinations - Assessment of the questions by the courts itself to arrive at correct answers is not permissible - Delay in finalization of appointments to public posts is mainly caused due to pendency of cases challenging selections pending in courts for a long period of time. The cascading effect of delay in appointments is the continuance of those appointed on temporary basis and their claims for regularization. The other consequence resulting from

(69) RAJEEV SURI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-12-2020
Foundation ceremony of Central Vista project - Solicitor General stated that there will be no construction activity of any nature on the concerned site(s) nor demolition of any structure will be done, including the further trans-location of tree(s) will be kept in abeyance, until the pronouncement of judgment in all these cases - This Court clarify that the authorities would be free to continue with procedural processes without altering the status of the site(s) in question in any manner, inclu

(70) ISSAK NABAB SHAH Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 03-12-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 8(c) and 20(b) - Recovery of 6.300 kilogram ganja - Quantum of sentence - When the quantity/Ganja recovered from the appellant was 6.300 kilogram, which is between small quantity and commercial quantity and considering the fact that the maximum punishment for such offence is 10 years rigorous imprisonment, out of which the appellant has already undergone six years rigorous imprisonment - This Court allow the present appeal in

(71) JAYANT ETC. Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 03-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 156(3) - Mines and Minerals (Development and Regulation) Act, 1957 - Section 22 - Registration of FIR or investigation - Power of Magistrate - Magistrate can in exercise of powers under Section 156(3) of the Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be at

(72) PANKJESHWAR SHARMA AND OTHERS Vs. STATE OF JAMMU & KASHMIR AND OTHERS [SUPREME COURT OF INDIA] 03-12-2020
Constitution of India, 1950 - Article 14 - Even if in some cases appointments had been made by mistake or wrongly, that did not confer any right of appointment to another person, as Article 14 of the Constitution does not envisage negative equality and if the State had committed a mistake, it cannot be forced to perpetuate the said mistake. (See : Arup Das and Others vs. State of Assam and Others, (2012) 5 SCC 559)<

(73) INDERJIT SINGH SODHI AND OTHERS Vs. THE CHAIRMAN, PUNJAB STATE ELECTRICITY BOARD AND ANOTHER [SUPREME COURT OF INDIA] 03-12-2020
Punjab State Electricity Board Service of Engineers (Civil) Regulations, 1965 - Regulations 7(a)(i) and 9 - Time bound promotional scale - Claim of the appellants of discrimination and arbitrariness on the basis of time bound promotional scale granted to juniors is not found to be sustainable - It has been categorically admitted by the appellants that the junior persons were appointed by way of direct recruitment under Regulation 7(a)(i) as provided under Regulation 9 of the Regulations - Appell

(74) CHAMAN LAL Vs. THE STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 03-12-2020
Penal Code, 1860 (IPC) - Sections 376 and 506 - Rape - A person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited - In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness - No interference of this Court against the impugned judgment and order passed by the High Court convicting the accused is called for - Appeal dismissed.

(75) SKILL LOTTO SOLUTIONS PVT. LTD. Vs. UNION OF INDIA & OTHERS [SUPREME COURT OF INDIA] 03-12-2020
Central Goods and Services Tax Act, 2017 - Section 2(52) - Levy of 28% GST on lottery, betting and gambling - Definition of goods under Section 2(52) of the Act,2017 does not violate any constitutional provision nor it is in conflict with the definition of goods given under Article 366(12). Article 366 clause(12) as observed contains an inclusive definition and the definition given in Section 2(52) of Act, 2017 is not in conflict with definition given in Article 366(12). As noted above the Parli

(76) SUMEDH SINGH SAINI Vs. STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 03-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Section 302 - Murder - Anticipatory bail - Appellant retired in the year 2018 as Director General of Police, Punjab after 30 years of service and the alleged incident is of the year 1991 and even in the present FIR initially there was no allegation for the offence under Section 302 IPC and the allegations were only for the offences under Sections 364, 201, 344, 330, 219 and 120B of the IPC, for which there was an order

(77) NIMAY SAH Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 02-12-2020
Penal Code, 1860 (IPC) - Sections 304B and 498A - Dowry death - Appeal against conviction and sentence - No specific instance of hostile attitude or persistent demands of dowry have been pointed out by any of witnesses - Brother of deceased has admitted in his cross-examination that the deceased used to write him letters from her matrimonial place, and that, none of the letters mention any harassment on account of demand of dowry - All other independent witnesses have turned hostile and have not

(78) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS S[SUPREME COURT OF INDIA] 02-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 161 and 161(3) - Installation of CCTV cameras in police stations - State Level Oversight Committee (SLOC) and the Central Oversight Body (COB) (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV. This shall be done by large posters in E

(79) M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED Vs. THE EMPLOYEES' PROVIDENT FUND ORGANISATION AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3)(B) and 7A - Private Security Agencies (Regulation) Act, 2005 - Section 2(g) - Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act - Appellant is engaged in the specialised and expert services of providing trained and efficient security guards to its clients on payment basis - Contention t

(80) SANDEEP KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Evidence Act, 1872 - Section 113B - Penal Code, 1860 (IPC) - Section 304B - Dowry death - Acquittal - No poison has been recovered at all from the house of the appellants - There are no marks of injury at all on the deceased - Even the material (wiper) recovered, according to prosecution, and which allegedly was used to clean vomit of the deceased, did not disclose any poison - Statement of Medical Practitioner (DW2) that the deceased was having weight of 39 kilograms and weight below normal as