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Latest Cases

(61) RAJ PAL SINGH Vs. COMMISSIONER OF INCOME-TAX, HARYANA, ROHTAK [SUPREME COURT OF INDIA] 25-08-2020
Income Tax Act, 1961 - Section 45 - Capital gain - Assessment year 1975-1976 - Capital gains arising out of land acquisition compensation were chargeable to income-tax under Section 45 of the Act of 1961 for the previous year referable to the date of award of compensation i.e., 29.09.1970 and not the date of notification for acquisition

(62) WG. CDR. ARIFUR RAHMAN KHAN AND ALEYA SULTANA AND OTHERS. Vs. DLF SOUTHERN HOMES PVT LTD. (NOW KNOWN AS BEGUR OMR HOMES PVT. LTD.) AND OTHERS [SUPREME COURT OF INDIA] 24-08-2020
Consumer Protection Act 1986 - Section 12(1)(c) - Deficiency of service - Delay in handing over the possession of residential flats - Compensation - Failure of the developer to fulfill the representations made to flat buyers in regard to the provision of amenities - Flat buyers are entitled to compensation for delayed handing over of possession - Dismissal of the complaint by the NCDRC was erroneous - Appeal allowed

(63) VIKRANT SINGH MALIK AND OTHERS Vs. SUPERTECH LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-08-2020
Consumer Protection Act, 1986 - Section 12(1)(c) - Composite complaint by twenty-six flat buyers - Appeal against dismissal of complaint by NCDRC and held that there was nothing common between the complainants in terms of the date of the agreement, cost and size of the flats, and the compensation claimed - Twenty-six consumers claiming a commonality of interest would be maintainable - Appellants had sought liberty of this Court to move an application before the NCDRC for amendment of the complai

(64) SRI V.N.KRISHNA MURTHY AND ANOTHER Vs. SRI RAVIKUMAR AND OTHERS [SUPREME COURT OF INDIA] 21-08-2020
Civil Procedure Code, 1908 - Section 96 - Leave to appeal - It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment - Mere saying that the appellants are prejudicially affected by the decree is not sufficient - Appeal dismissed

(65) SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH Vs. SARDAR MANJIEETH SINGH JAGAN SINGH AND OTHERS [SUPREME COURT OF INDIA] 20-08-2020
Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act 1956 - Section 6(1)(viii) - Nomination - Powers of Diwan - It was not open to the State Government to arrogate the power of nomination to itself or to usurp the powers of the Diwan - Section 6(1)(viii) entrusts that authority to the collective body of members of the Diwan which is entitled to select the four individuals to be nominated to the statutory Board.

(66) GHANSHYAM UPADHYAY Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020
Vikas Dubey Encounter Case - Allegations of bias made by petitioner against inquiry commission merely on the basis of newspaper reports - There is no other material on record to confirm the truth or otherwise of the statement made in the newspaper - Allegations liable to be rejected - Appeal Dismissed.

(67) THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT Vs. M/S. CERA BOARDS AND DOORS, KANNUR KERALA ETC. ETC. [SUPREME COURT OF INDIA] 19-08-2020
Central Excise Act, 1944 - Section 4(1)(a) - Value of excisable goods - Where there is a sale and the three conditions stipulated in clause (a) of subsection (1) of Section 4 are satisfied, the adjudicating authority should determine the value based upon the transaction value. But (i) in cases where there is no sale and (ii) in cases where there is a sale but the three conditions stipulated in clause (a) are not satisfied

(68) DECCAN PAPER MILLS COMPANY LIMITED Vs. REGENCY MAHAVIR PROPERTIES AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020
Arbitration and Conciliation Act, 1996 - Section 8 - Specific Relief Act, 1963 - Sections 31 and 34 - Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed - But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him - When it comes to cancellation of a deed by an executant to the document, such person can approach the Court under section 31, but when it

(69) MOHD. ANWAR Vs. THE STATE (N.C.T. OF DELHI) [SUPREME COURT OF INDIA] 19-08-2020
Penal Code, 1860 (IPC) - Sections 394 and 84 - Arms Act, 1959 - Section 25 - Voluntarily causing hurt in committing robbery - Appeal against conviction - Defence of mental unsoundness - Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself - Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence's case - No evidence i

(70) AVITEL POST STUDIOZ LIMITED AND OTHERS Vs. HSBC PI HOLDINGS (MAURITIUS) LIMITED [SUPREME COURT OF INDIA] 19-08-2020
Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach or termination shall be referred to and finally resolved by binding arbitration at the Singapore International Arbitration Centre ("SIAC") in accordance with the International

(71) RHEA CHAKRABORTY Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020
Penal Code, 1860 - Sections 341, 342, 380, 406, 420, 306, 506 and 120B - Criminal Procedure Code, 1973 (CrPC) - Section 406 - Unnatural death - Transfer of Investigations from one police station to another - Power under section 406 CrPC, it must be concluded that only cases and appeals (not investigation) can be transferred - Scope of exercise of this power is for securing the ends of justice - Precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court bel

(72) CENTRE FOR PUBLIC INTEREST LITIGATION Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 18-08-2020
Transfer of PM CARES Fund to NDRF - Funds collected in the PM CARES Fund are entirely different funds, which are of a public charitable trust and there is no occasion for issuing any direction to transfer the funds to the NDRF - Petition dismissed

(73) PREET PAL SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 14-08-2020
Penal Code, 1860 (IPC) - Sections 304B, 498A and 406 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Wife commits suicide due to dowry harassment, cruelty and torture by husband - Appeal by father of victim against the order of High Court that granted the bail to the husband - It is nobody's case that the death of the victim was accidental or natural - There is evidence of demand of dowry, which the Trial Court has considered - Death took place within 7 or 8 months and there is oral evidence

(74) IN RE: PRASHANT BHUSHAN AND ANOTHER. …. ALLEGED CONTEMNOR(S)[SUPREME COURT OF INDIA] 14-08-2020
Contempt of Courts Act, 1971 - Sections 15 - Tweets which are based on the distorted facts amount to committing of 'criminal contempt'

(75) UNION OF INDIA AND ANOTHER Vs. M/S. K.C. SHARMA AND CO. AND OTHERS [SUPREME COURT OF INDIA] 14-08-2020
Transfer of Property Act, 1882 - Section 53A - Defence under Section 53A of the Transfer of Property Act, 1882 is available to a person who has agreement of lease in his favour though no lease has been executed and registered.

(76) M. RADHA HARI SESHU Vs. THE STATE OF TELANGANA [SUPREME COURT OF INDIA] 14-08-2020
Penal Code, 1860 (IPC) - Sections 498A, 304B and 302 - Criminal Procedure Code, 1973 (CrPC) - Section 389(1) - Dowry death - Suspension of sentence - Marriage of the deceased with appellant was performed on 2005 and they were blessed with two children - Father of the appellant was diagnosed with pancolitis disease - No case is made out for the offence under Section 304B and he was erroneously convicted for offence under Section 304B as well as 498A, IPC - Appellant is in jail since 15th Decemb

(77) BABULAL VARDHARJI GURJAR Vs. VEER GURJAR ALUMINIUM INDUSTRIES PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 14-08-2020
Insolvency and Bankruptcy Code, 2016 - Section 7 - Limitation Act, 1963 - Articles 62 and 137 - Period of limitation for application under Section 7 Insolvency and Bankruptcy Code, 2016 - Code is a beneficial legislation intended to put the corporate debtor back on its feet and is not a mere money recovery legislation - CIRP is not intended to be adversarial to the corporate debtor but is aimed at protecting the interests of the corporate debtor - Intention of the Code is not to give a new lease

(78) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-08-2020
. Municipal Law - Unauthorized Constructions - Private land - Whether the Monitoring Committee could have sealed the residential premises - Monitoring Committee is entitled to inspect the premises where encroachments are there on public land - It absolutely clear that Monitoring Committee did not entertain any doubt about the purpose for which it was constituted - Apart from that, it was authorized by subsequent orders to act with respect to unauthorized construction on the public land and roads

(79) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-08-2020
Motor Vehicles Act, 1988 - Registration of BS IV Vehicles - Order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be allowed after 31.03.2020 - There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made - Their registration during the lockdown period could not be made - This Court allow registration of such vehicles only which could not be registered durin

(80) VINEETA SHARMA Vs. RAKESH SHARMA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Hindu Succession (Amendment) Act, 2005 - Hindu Succession Act, 1956 - Sections 6, 6(1) and 6(3) - Coparcenary Rights - When Hindu Succession (Amendment) Act, 2005 came into force, daughters have coparcenary rights even if their father was not alive - Effect of the amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition