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Latest Cases

(81) GOPAL PRASAD Vs. BIHAR SCHOOL EXAMINATION BOARD AND OTHERS [SUPREME COURT OF INDIA] 28-05-2020
Bihar Service Code - Rule 73 - Compulsory retirement - Rule 73 of the Bihar Service Code does not prescribe any length of service as criteria for retirement. The prescribed age of retirement for employees of the category to which the Appellant belonged was 58 years, later increased to 60 years. The decision of the respondents to retire the Appellant before he attained the age of 60 years as per his actual date of birth, as recorded in the service records cannot be sustained

(82) IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS[SUPREME COURT OF INDIA] 28-05-2020
Disaster Management Act, 2005 - Section 12 - COVID-19 lockdown - Miseries of stranded migrants across the country - No fare either by train or by bus shall be charged from any migrant workers - This Court issue following interim directions

(83) CHAIRMAN-CUM-MANAGING DIRECTOR, MAHANADI COALFIELDS LIMITED Vs. SRI RABINDRANATH CHOUBEY [SUPREME COURT OF INDIA] 27-05-2020
Conduct, Discipline and Appeal Rules, 1978 - Rule 34.3 - Payment of gratuity - Employer has a right to withhold gratuity during pendency of the disciplinary proceedings.

(84) ALAPATI JYOTSNA AND OTHERS Vs. UNION OF INDIA & OTHERS [SUPREME COURT OF INDIA] 26-05-2020
Constitution of India, 1950 - Article 32 - Writ Petition - Conducting "single counselling" for filling up seats in the Post Graduate Medical Courses leading to Degrees and Diplomas and the seats in DNB (Diplomate of National Board) Courses - As stressed in the responses of the National Board of Examination as well as of the Ministry of Health and Family Welfare the counselling and consequential process of admission is now at an advanced stage - Submission made by the petitioners, if accepted at

(85) OMBIR SINGH Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 26-05-2020
Criminal Procedure Code, 1973 (CrPC) - Section 157 - Delay in compliance of Section 157 of the Code cannot, in itself, be a good ground to acquit.

(86) GURU NANAK INDUSTRIES, FARIDABAD AND ANOTHER Vs. AMAR SINGH (DEAD) THROUGH LRS [SUPREME COURT OF INDIA] 26-05-2020
Partnership Act, 1932 - Sections 37 and 48 - Distinction between 'retirement of a partner' and 'dissolution of a partnership firm' - On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act. In case of dissolution, accounts have to be settled and distributed as per the mode prescribed in Section 48 of the Partnership Act. When the partners agree to dissolve a partnership, it is a case of dissoluti

(87) ALAPATI JYOTSNA AND OTHERS Vs. UNION OF INDIA & OTHERS [SUPREME COURT OF INDIA] 26-05-2020
Constitution of India, 1950 - Article 32 - Writ Petition - Conducting "single counselling" for filling up seats in the Post Graduate Medical Courses leading to Degrees and Diplomas and the seats in DNB (Diplomate of National Board) Courses - As stressed in the responses of the National Board of Examination as well as of the Ministry of Health and Family Welfare the counselling and consequential process of admission is now at an advanced stage - Submission made by the petitioners, if accepted at

(88) OMBIR SINGH Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 26-05-2020
Criminal Procedure Code, 1973 (CrPC) - Section 157 - Delay in compliance of Section 157 of the Code cannot, in itself, be a good ground to acquit.

(89) GURU NANAK INDUSTRIES, FARIDABAD AND ANOTHER Vs. AMAR SINGH (DEAD) THROUGH LRS [SUPREME COURT OF INDIA] 26-05-2020
Partnership Act, 1932 - Sections 37 and 48 - Distinction between 'retirement of a partner' and 'dissolution of a partnership firm' - On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act. In case of dissolution, accounts have to be settled and distributed as per the mode prescribed in Section 48 of the Partnership Act. When the partners agree to dissolve a partnership, it is a case of dissoluti

(90) PATEL ENGINEERING LTD. Vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) [SUPREME COURT OF INDIA] 22-05-2020
Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - Arbitral award - Construction of the terms of a contract is primarily for an arbitrator to decide, unless the arbitrator construes a contract in a manner which no fair minded or reasonable person would take i.e. if the view taken by the arbitrator is not even a possible view to take.

(91) CANARA BANK Vs. M/S. LEATHEROID PLASTICS PVT. LTD. [SUPREME COURT OF INDIA] 20-05-2020
Consumer Protection Act, 1986 - Section 2(d)(ii) - Deficiency in service - Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986.

(92) ARNAB RANJAN GOSWAMI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2020
Transfer of Investigation to CBI - Accused cannot ask for changing the investigating agency or to do investigation in a particular manner including for court-monitored investigation.

(93) KAVITA KANWAR Vs. MRS. PAMELA MEHTA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2020
Succession Act, 1925 - Sections 63, 81,89, 268 and 276 - Civil Procedure Code, 1908 (CPC) - Section 151 - Evidence Act, 1872 - Section 68 - Grant of probate of Will - Prayer of the appellant for grant of probate in relation to the Will in question has been declined concurrently by the Trial Court and by the High Court essentially after finding several unexplained suspicious circumstances surrounding the Will in question. Being aggrieved, the petitioner-appellant, who was appointed as the executo

(94) THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION Vs. RAVUTHAR DAWOOD NASEEM [SUPREME COURT OF INDIA] 19-05-2020
Industrial Disputes Act, 1947 - Sections 10(1) and 10(1)(d) - Regularisation of workmen - Whether the services of workmen employed in different Food Storage depots in Food Corporation of India, where notifications have been issued prohibiting engagement of contract labourers under Section 10(1) of CL (R and A) Act are entitled to be regularised and if so, from which date

(95) BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY AND ANOTHER Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 19-05-2020
Karnataka Industrial Areas Development Act, 1966 - Section 28(4) - Karnataka Town and Country Planning Act, 1961 - Sections 4A(1), 15, 15(2) and 15(4) - Permission for development of building or land - Appellants had permitted the Project Proponents to construct housing complex at a location outside the demarcated area for five Townships referred to in the FWA - Similarly, as the stated location was falling in yellow zone being residential, the other neighbouring private land owners were permit

(96) JAGMAIL SINGH AND ANOTHER Vs. KARAMJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 13-05-2020
Evidence Act, 1872 - Section 65 and 66 - Secondary evidence - Will - Prove of - It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being the reasons as to why the original Evidence has not been furnished. (Para 11)
(2020) AIRSC 2319

(97) FOUNDATION FOR MEDIA PROFESSIONALS Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND ANOTHER[SUPREME COURT OF INDIA] 11-05-2020
Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 - Rule 2(2) - Restoration of 4G speed internet services in Jammu and Kashmir - Rejection of - Every order passed under Rule 2(2) of the Telecom Suspension Rules restricting the internet is to be placed before a Review Committee which provides for adequate procedural and substantive safeguards to ensure that the imposed restrictions are narrowly tailored. However - Since the issues involved affect the State,

(98) SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) Vs. OIL INDIA LIMITED [SUPREME COURT OF INDIA] 11-05-2020
Arbitration and Conciliation Act, 1996 - Sections 27, 34 and 37 - Contract Act, 1872 - Sections 56 and 65 - Arbitral award - Interpretation of contract - High Court held that the interpretation of the terms of the contract by the Arbitral Tribunal is erroneous and is against the public policy of India - On the scope of judicial review under Section 37 of the Arbitration Act, the High Court held that the Court had the power to set aside the award as it was passed overlooking the terms and conditi
(2020) AIRSC 2323

(99) THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR AND ANOTHER Vs. ASHISH GAUTAM AND OTHERS [SUPREME COURT OF INDIA] 11-05-2020
Environment Law - Sisodia Rani ka Bagh (Monument) - Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only - No activity to be permitted after 8.00 P.M. - Use of laser lights, loud music, and fireworks is ordered to be completely restrained - Musical and other fountains to be maintained and to be kept in working order.

(100) BIHAR STAFF SELECTION COMMISSION AND OTHERS Vs. ARUN KUMAR AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Constitution of India, 1950 - Articles 142 and 226 - Service Law - Recruitment - BSSC is directed to evaluate and publish the results afresh, in the light of the recommendations and report of the experts (constituted by this court) subject to care being taken by the BSSC and the Govt. of Bihar, not to disturb appointments made previously pursuant to the directions of the single judge - In case the number of selected candidates (on the basis of the revised result) exceeds the vacancies available