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Latest Cases

(61) BALASORE ALLOYS LIMITED Vs. MEDIMA LLC [SUPREME COURT OF INDIA] 16-09-2020
Arbitration and Conciliation Act, 1996 - Sections 11, 11(6) and 11(12)(a) - Appointment of arbitrator - When the parties had entered into the agreement dated 31.03.2018 and there was consensus ad idem to the terms and conditions contained therein which is comprehensive and encompassing all terms of the transaction and such agreement also contains an arbitration clause which is different from the arbitration clause provided in the purchase order which is for the limited purpose of supply of the p

(62) NEETU KUMAR NAGAICH Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 16-09-2020
Penal Code, 1860 (IPC) - Section 302 - Criminal Procedure Code, 1973 (CrPC) - Sections 173 and 174 - Homicidal death - Investigation has reached a dead end without identification of the offenders - Investigation remained inconclusive for nearly three long years with the investigating agency sanguine of passing it off as an accidental death without coming to a firm conclusion avoiding to complete the investigation - This Court set aside the closure report and direct a de novo investigation by a f

(63) JUGUT RAM Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 16-09-2020
Penal Code, 1860 (IPC) - Sections 302 and 304 Part II - Murder - Alteration of sentence - Appellant assaulted with a lathi on the head - Deceased expired in the hospital the very next day - A lathi is a common item carried by a villager in our country, linked to his identity - The fact that it is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter - In a case like the present, of an assault on the head with a lathi, it is always a question fact in

(64) GOVERNMENT OF INDIA Vs. VEDANTA LIMITED (FORMERLY CAIRN INDIA LTD.), AND OTHERS [SUPREME COURT OF INDIA] 16-09-2020
Enforcement of foreign award - Enforcement of the foreign award does not contravene the public policy of India, or that it is contrary to the basic notions of justice

(65) JEET RAM Vs. THE NARCOTICS CONTROL BUREAU, CHANDIGARH [SUPREME COURT OF INDIA] 15-09-2020
Criminal Procedure Code, 1973 (CrPC) - Section 313 - Power to examine the accused. - Where accused offers false answers in examination under Section 313 Cr.PC, same also can be used against him.

B. Criminal Procedure Code, 1973 (CrPC) - Section 313 - Merely because independent witnesses are not examined, same is no ground to reject the case of the prosecution.

(66) ABHILASHA Vs. PARKASH AND OTHERS [SUPREME COURT OF INDIA] 15-09-2020
Hindu Adoptions and Maintenance Act, 1956 - Sections 20 and 23(3) - Maintenance - An unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Act, 1956, provided she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under Section 20 of Act, 1956.

(67) FIROZ IQBAL KHAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-09-2020
Cable Television Networks Rules, 1994 - Rules 6 and 6(1)(d) - Programme Code - Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths - Any attempt to vilify a religious community must be viewed with grave disfavour by this Court as the custodian of constitutional values - Its duty to enforce constitutional values demands nothing less.

(68) NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION Vs. COMMISSIONER OF INCOME TAX, DELHI-V [SUPREME COURT OF INDIA] 11-09-2020
Advance Tax Ruling System - One of the largest areas of litigation for the Government is taxation matters. The petition rate of the tax department before the Supreme Court is at 87%. - A vibrant system of Advance Ruling can go a long way in reducing taxation litigation - This is not only true of these kinds of disputes but even disputes between the taxation department and private persons, who are more than willing to comply with the law of the land but find some ambiguity. Instead of first filin

(69) RIZWAN KHAN Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 10-09-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii)(B) and 50 - Possession of 20 kg - Ganja from the motor cycle - NDPS Trial is not vitiated merely because ownership of Vehicle from which Contraband was seized is not established - It is enough to establish and prove that the contraband articles were found from the accused from the vehicle purchased by the accused - Ownership of the vehicle is immaterial - What is required to be established and proved is the recovery

(70) PRAVIN KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-09-2020
Prevention of Corruption Act, 1988 - Penal Code, 1860 - Evidence Act, 1872 - Section 165 - Dismissal from service - Disciplinary proceedings - Corruption Charges - Punishment of dismissal from service is far from disproportionate to the charges of corruption, fabrication and intimidation which have unanimously been proven against the appellant - Taking any other view would be an anathema to service jurisprudence - If This Court were to hold that systematic corruption and its blatant coverup are

(71) STALIN Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 09-09-2020
Penal Code, 1860 (IPC) - Sections 302 - Murder - Single injury - There is no hard and fast rule that in a case of single injury Section 302 IPC would not be attracted - It depends upon the facts and circumstances of each case - The nature of injury, the part of the body where it is caused, the weapon used in causing such injury are the indicators of the fact whether the accused caused the death of the deceased with an intention of causing death or not - It cannot be laid down as a rule of univer

(72) RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND OTHERS Vs. GOVERDHAN LAL SONI AND ANOTHER [SUPREME COURT OF INDIA] 09-09-2020
Road Transport Corporation Act, 1950 - Section 45 - Rajasthan State Road Transport Corporation Employees Corporation Pension Regulations, 1989 - Regulations 3, 3(1), 3(k) and 43 - Rejection of pension - As per clause 11(b) in an Enterprise having pension scheme, the balance in CPF Account of surplus employees would be transferred to absorbing Enterprise for credit to the GPF Account of the employees and the Pension Fund in proportion of employees own subscription and organisation's contribution

(73) DR. JAISHRI LAXMANRAO PATIL Vs. THE CHIEF MINISTER AND ANOTHER [SUPREME COURT OF INDIA] 09-09-2020
Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018 - Section 4 - Stay on Reservation - Marathas Cannot Be Compared To Marginalized Sections - High Court reduced the quantum of Maratha reservation to 12% in educational institutions and 13% in public employment - State of Maharashtra has not shown any extraordinary situation fo

(74) SHREYAS SINHA Vs. THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES AND OTHERS [SUPREME COURT OF INDIA] 09-09-2020
West Bengal National University of Juridical Sciences Act, 1999 - Section 4A(3) - Admission to five-year law course - Reservation of seats for domicile - Appellant cannot be said to be a meritorious candidate in the Academic Session 2019-2020 - Benefit of reservation had been extended to the candidates by the Universities from the next Academic Session i.e. 2020-2021 - Since there is no mandate in the Amending Act to grant the benefit of reservation in the Academic Year 2019-2020, therefore, the

(75) M/S BANGALORE CLUB Vs. THE COMMISSIONER OF WEALTH TAX AND ANOTHER S[SUPREME COURT OF INDIA] 08-09-2020
Wealth-Tax Act, 1957 - Sections 21AA and 167A - Club Rules - Rule 35 - Liability to pay Wealth Tax - Determination - Assessing officer, without further ado, "after a careful perusal" of the rules of the Club, came to the conclusion that the rights of the members are not restricted only to user or possession, but definitely as persons to whom the assets of the Club belong - After referring to Section 167A, inserted into the Income Tax Act, 1961, and after referring to Rule 35 of the Club Rules, t

(76) SREI EQUIPMENT FINANCE LIMITED Vs. RAJEEV ANAND AND OTHERS [SUPREME COURT OF INDIA] 08-09-2020
Insolvency and Bankruptcy Code, 2016 - Section 7 - Resolution proceedings - NCLT came to the conclusion that a loan amount remained outstanding - NCLAT, when it dealt with the NCLT order, wrongly recorded that documents which were already rejected by the adjudicating authority could not have been the basis of the order of admission - NCLAT also wrongly recorded that there was no further evidence in support of the fact that any amount was outstanding. Further, the NCLAT also held that a 'document

(77) ASHOO SURENDRANATH TEWARI Vs. THE DEPUTY SUPERINTENDENT OF POLICE, EOW, CBI AND ANOTHER [SUPREME COURT OF INDIA] 08-09-2020
Exoneration in departmental proceedings - In case of exoneration, however, on merits where the departmental proceedings is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue

(78) THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. SMT. SOMWATI AND OTHERS [SUPREME COURT OF INDIA] 07-09-2020
Motor Accident Claims - Compensation - "Loss of Consortium" - Can be award to the legal heirs also

(79) THE KARAD URBAN COOPERATIVE BANK LIMITED Vs. SWWAPNIL BHINGARDEVAY AND OTHERS [SUPREME COURT OF INDIA] 04-09-2020
Insolvency and Bankruptcy Code, 2016 - Section 7 - Initiation of corporate insolvency resolution process by financial creditor - Resolution Plan - Re-submission of - Whether or not the corporate debtor can be kept running as a going concern have been placed before the Committee of Creditors and the CoC has taken a conscious decision to approve the resolution plan, then the adjudicating authority will have to switch over to the hands off mode - It is not the case of the corporate debtor or its pr

(80) R. POORNIMA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-09-2020
Service Law - Recruitment - Post of District Judges (Entry Level) - Grievance of the petitioners is that despite being the senior most in the cadre of District Judges, they have been overlooked and their juniors now recommended for elevation to the High Court as Judges - Petitioners want the experience gained by them as advocates to be clubbed together with the service rendered by them as Judicial Officers, for determining their eligibility - Once this clubbing is allowed, the Petitioners would