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Latest Cases

(81) RAGHAV GUPTA Vs. STATE (NCT OF DELHI) AND ANOTHER [SUPREME COURT OF INDIA] 04-09-2020
Prevention of Food Adulteration Rules, 1955 - Rule 32(e) - Misbranded Standards - Product already had the necessary barcode on it that contained all the relevant information as required by Rule 32(e) such as batch no./code no./lot no etc - That the barcode was available on the sample is not in dispute - In view of the fact that the relevant information under Rule 32(e) with regard to the lot/code/batch identification to facilitate it being traced to the manufacturer are available in the barcode

(82) RASHID KHAN PATHAN AND IN THE MATTER OF: IN RE: VIJAY KURLE AND OTHERS[SUPREME COURT OF INDIA] 03-09-2020
Contempt of Courts Act, 1971 - Scurrilous and scandalous allegations against the Judges of the Supreme Court - No remorse or any semblance of apology shown - The three contemnors were sentenced to imprisonment for a period of three months with a fine of Rs.2,000 - Contemnors seeking recall of the judgment - Ground raised in the appeal is that an application for recall is maintainable when principles of natural justice are violated - The application for recall of an order by which an earlier appl

(83) SHRIDHAR C. SHETTY (DECEASED) THR. LRS. Vs. THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 02-09-2020
Urban Land (Ceiling and Regulation) Act, 1976 - Sections 20, 21 and 38(4) - Grant of exemption - The plea of the appellant that the liability under the impugned demand rested upon respondent alone in view of the development agreement between the parties, and that the authorities had made any direct communication with the said respondents also does not merit any consideration in view of the facts of the case coupled with the provisions of the Act - The competent authority under the Act could have

(84) M/S BANDEKAR BROTHERS PVT. LTD. AND ANOTHER Vs. PRASAD VASSUDEV KENI, ETC. ETC. [SUPREME COURT OF INDIA] 02-09-2020
Criminal Procedure Code, 1973 - Sections 190(1)(a) and 460 - Penal Code, 1860 - Sections 191, 192, 463 and 464 - Fabrication of false evidence - It is open for the Magistrate or Court to waive an irregularity once a Magistrate assumes jurisdiction under Section 190(1)(a) of the CrPC even wrongly, and for this purpose, referred to Section 460(e) of the CrPC - This provision is only attracted if a Magistrate, "not empowered" by law to take cognizance of an offence under clause (a) of Section 190(

(85) ILANGOVAN Vs. STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 02-09-2020
Penal Code, 1860 (IPC) - Sections 304 Part II and 324 - Voluntarily causing hurt by dangerous weapons or means - Culpable homicide not amounting to murder - Appellant is the main accused, who is stated to have attacked the complainant and caused him injuries as well as hit the deceased on her head with an iron rod, resulting into death - Trial Court has given specific reasons for disbelieving the testimony of the witnesses with respect to the co-accused, and extending the benefit of doubt to the

(86) M/S. L. R. BROTHERS INDO FLORA LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE [SUPREME COURT OF INDIA] 01-09-2020
Customs Act, 1962 - Section 28 - Levy of customs duty - Sale of cut flowers within the Domestic Tariff Area - Appellant claimed that they had not used any imported input such as fertilizer, plant growth regulations, etc. in growing flowers sold in DTA, despite having imported green house equipment, raw materials like Live Rose Plants and consumables like planting materials and fertilizers - Therefore, it prima facie appeared that suppression by the appellant was "wilful". The burden of proving t

(87) SARIKA Vs. ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (M.P.) AND OTHERS [SUPREME COURT OF INDIA] 01-09-2020
Issuance of Directions for protection of Shivlinga of Mahakaleshwar Temple, Ujjain

(88) UNION OF INDIA Vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA ETC.ETC. [SUPREME COURT OF INDIA] 01-09-2020
Spectrum Trading – Assessment of Liability - The telecom service providers' stand is that the proceedings of insolvency under the Code have been triggered bona fide - This Court can examine the limited question in these proceedings whether the proceedings are resorted to as a subterfuge to avoid payment of AGR dues, and it is for the NCLT to decide whether the licence/spectrum can be transferred and be a part of the resolution process initiated under the provisions of the Code

(89) THE DESIGNATED AUTHORITY AND OTHERS Vs. M/S THE ANDHRA PETROCHEMICALS LIMITED [SUPREME COURT OF INDIA] 01-09-2020
Constitution of India, 1950 - Articles 226 and 32 - Judicial review should not be exercised virtually as a continuous oversight of the DA's functions - Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courts and this court with powers under Articles 226 and 32. At the same time, barring exceptional features necessitating intervention in an ongoing investigation triggered by a complaint by the concerned domestic industry,

(90) IN RE: PRASHANT BHUSHAN AND ANOTHER[SUPREME COURT OF INDIA] 31-08-2020
Contempt of Courts Act, 1971 - Section 13 - Contempt proceedings - Section 13 of the Act enables the Court to permit justification by truth as a valid defence in any contempt proceedings if it satisfied that such a defence is in the public interest and the request for invoking the defence is bona fide.

(91) JAIPUR VIDYUT VITARAN NIGAM LIMITED AND OTHERS Vs. ADANI POWER RAJASTHAN LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 31-08-2020
Electricity Act, 2003 - Section 63 - Power Purchase Agreement - Articles 8.3.5 - Delay in payment of Monthly Bill - Rate of interest/late payment - Delay in payment of a Monthly Bill by the Procurers beyond its Due Date, a Late Payment Surcharge shall be payable by such Procurers to the Seller at the rate of two percent (2%) in excess of the applicable SBAR per annum, on the amount of outstanding payment, calculated on a day to day basis (and compounded with monthly rest), for each day of the de

(92) DR. VIJAY MALLYA Vs. STATE BANK OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 31-08-2020
Contempt Petition - Plea for review - Violation of the Court's order - Transferring of money - Attempt on part of the fugitive liquor baron 'vijay mallya' to have re-hearing in the matter cannot be permitted nor do the submissions make out any "error apparent on record" to justify interference in review jurisdiction - This Court direct fugitive liquor baron 'vijay mallya' to appear before this Court on 05.10.2020 at 02:00 p.m. and also direct the Ministry of Home Affairs, Government of India, Ne

(93) MUKESH SINGH Vs. STATE (NARCOTIC BRANCH OF DELHI) [SUPREME COURT OF INDIA] 31-08-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 58 - Accused not entitled to acquittal just because complainant probed case - There cannot be any general proposition of law to be laid down that in every case where the informant is the investigator, the trial is vitiated and the accused is entitled to acquittal - Merely because the informant is the investigator, by that itself the investigation would not suffer the vice of unfairness or bias and therefore on the sole ground that in

(94) TAMIL NADU MEDICAL OFFICERS ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 31-08-2020
Medical Council of India Regulations, 2000 - Regulation 9 - Power to make any provision for reservation, for in service candidates in Post Graduate Medical Course - Medical Council of India which has been constituted under the provisions of the Indian Medical Council Act, 1956 is the creature of the statute in exercise of powers under Entry 66 List I and has no power to make any provision for reservation, more particularly, for in service candidates by the concerned States, in exercise of powers

(95) M/S RADHA EXPORTS (INDIA) PVT. LIMITED. Vs. K.P. JAYARAM AND ANOTHER [SUPREME COURT OF INDIA] 28-08-2020
Insolvency and Bankruptcy Code, 2016 - Section 7 - Limitation for initiation of a suit for recovery of money lent - Under clauses (19) to (21) of Part II of the Schedule of the Limitation Act 1963, the period of limitation for initiation of a suit for recovery of money lent, is three years from the date on which the loan is paid - The last loan amount is said to have been advanced in 2004-2005 - In the winding up petition, there is not a whisper of any agreed date by which the alleged loan was t

(96) STATE OF MADHYA PRADESH Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS [SUPREME COURT OF INDIA] 28-08-2020
Non-Supply of fuel to vehicles without PUC Certificate - Appeal against - Tribunal had no power and/or authority and/or jurisdiction to pass orders directing the Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate - Appeal allowed

(97) PRANEETH K AND OTHERS Vs. UNIVERSITY GRANTS COMMISSION (UGC) AND OTHERS [SUPREME COURT OF INDIA] 28-08-2020
Disaster Management Act, 2005 - Section 71 and 72 - Jurisdiction - Students cannot be promoted without exams - State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment - This Court Grant liberty to such State/Union Territory to make an application to the University Grant

(98) DALBIR SINGH Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. [SUPREME COURT OF INDIA] 28-08-2020
Criminal Procedure Code, 1973 (CrPC) - Section 357(3) - Release of compensation - Police officers have illegally detained complainant's son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries - Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade - But at the same time it is to be kept in mind that, the conviction recorded and sentence imposed by the Trial Court is the subject matter

(99) PARVINDER KANSAL Vs. THE STATE OF NCT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 28-08-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 372 and 377 - Penal Code, 1860 (IPC) - Sections 364A and 34 - Kidnapping for ransom - Enhancement of sentence - So far as victim’s right of appeal is concerned, same is restricted to three eventualities, namely, acquittal of the accused; conviction of the accused for lesser offence; or for imposing inadequate compensation. While the victim is given opportunity to prefer appeal in the event of imposing inadequate compensation, but at the same time t

(100) COMMISSIONER OF SERVICE TAX, AHMEDABAD Vs. M/S ADANI GAS LIMITED [SUPREME COURT OF INDIA] 28-08-2020
Finance Act, 1994 - Section 65(105)(zzzzj) - Payment of service tax - Business of distributing natural gas - Supply of pipes and measuring equipment - Buyer of gas is as interested as the seller in ensuring and verifying the correct quantity of the gas supplied through the instrumentality of the measurement equipment and the pipelines - Additionally, the role of regulating pressure and ensuring the safety of supply of gas performed by the measurement equipment is an essential aspect for the 'use