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Latest Cases

(81) THE STATE OF JHARKHAND AND OTHERS Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER [SUPREME COURT OF INDIA] 01-12-2020
Jharkhand Industrial Policy, 2012 - Clauses 32.10 and 35.7(b) - Bihar Electricity Duty Act 1948 - Section 9 - Whether the respondent is entitled to claim a rebate or deduction of 50 per cent of the amount assessed towards electricity duty for FYs 2011-12, 2012-13 and 2013-14 - Rebate/deduction on electricity duty for a period of five years from the commencement of production - Respondent commenced production on 17 August 2011 - Respondent would not be entitled to a rebate/deduction for FY 2011-1

(82) S.D. CONTAINERS INDORE Vs. M/S. MOLD TEK PACKAGING LTD. [SUPREME COURT OF INDIA] 01-12-2020
Design Act, 2000 - Sections 19 and 22(4) - Revocation/Cancellation of Registration - Transfer of suit - Any application for cancellation of registration under Section 19 could be filed only before the Controller and not to the High Court - Therefore, in these circumstances, it was held that the High Court would be entitled to assume jurisdiction only in appeal - It was not a case of suit for infringement in which the defendant has raised a plea of revocation of registration which is required to

(83) GAJENDRA SHARMA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-11-2020
RBI Loan moratorium - Scheme for grant of ex-gratia payment of difference between compound interest and simple interest for six months to borrowers in specified loan accounts (1.3.2020 to 31.8.2020) - It is submitted that as a follow-up towards the implementation of the Scheme, the nodal agency, i.e. State Bank of India, has informed that as on 13.11.2020, as per provisional, unaudited information received so far from various lending institutions, such lending institutions have released ex-grati
(2020) 13 SCALE 436

(84) ARNAB MANORANJAN GOSWAMI Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-11-2020
Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 (CrPC) - Section 439 - Grant of Bail - Power of the High Court - High Court must exercise its power with caution and circumspection, cognizant of the fact that this jurisdiction is not a ready substitute for recourse to the remedy of bail under Section 439 of the CrPC - Petition before the High Court was instituted under Article 226 of the Constitution and Section 482 of the CrPC - While dealing with the petition under sec
(2020) 13 SCALE 311

(85) DR. PRERIT SHARMA AND OTHERS Vs. DR. BILU B.S. & ORS. [SUPREME COURT OF INDIA] 27-11-2020
Admission - Super Specialty Medical Courses - Reservation - This Court direct that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021 - This Court reiterate that the above direction would be operative only for the current academic year i.e. 2020-2021 - List the Appeals and the Writ Petition for hearin
(2020) 13 SCALE 416

(86) MADRAS BAR ASSOCIATION Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-11-2020
Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020 - Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals - Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill same criteria as advocates
(2020) 13 SCALE 443

(87) SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 26-11-2020
Penal Code, 1860 (IPC) - Sections 34, 471, 468, 467, 420, 419 and 406 - Quashing of FIR - Cheat devices (emissions) installed in vehicles - Power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint
(2020) 13 SCALE 343

(88) MANOHAR LAL JAT AND OTHERS ETC Vs. THE STATE OF RAJASTHAN AND OTHERS ETC [SUPREME COURT OF INDIA] 26-11-2020
Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975 - Rules 27 and 27(2) - Seniority - Direct recruits - Seniority of the promotees given on the basis of their dates of appointment - Seniority is determined on the basis of date of appointment ("shall be fixed from the date of their appointment"). Proviso (2) lists out two rules. The first is that those selected and appointed through a prior selection would rank senior to those selected and appointed through a later selec
(2020) 13 SCALE 406

(89) NOY VALLESINA ENGINEERING SPA, (NOW KNOWN AS NOY AMBIENTE S.P.A) Vs. JINDAL DRUGS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 26-11-2020
Arbitration and Conciliation Act, 1996 - Section 50 - Commercial Courts Act, 2015 - Section 13(1) - Foreign award - Enforcement of - A further appeal by a party aggrieved by an order of enforcement, even under the later enacted Commercial Courts Act, 2015 is not maintainable - Section 13(1) of the Commercial Courts Act, being a general provision vis-à-vis arbitration relating to appeals arising out of commercial disputes, would obviously not apply to cases covered by Section 50 of the Arbitratio
(2020) 13 SCALE 382

(90) DIRECTOR GENERAL OF POLICE, RAILWAY PROTECTION FORCE AND OTHERS Vs. RAJENDRA KUMAR DUBEY [SUPREME COURT OF INDIA] 25-11-2020
Railway Protection Force Rules, 1987 - Rules 146.2 and 153 - Gross neglect of duty with respect to theft of railway property - A police officer in the Railway Protection Force is required to maintain a high standard of integrity in the discharge of his official functions - In this case, the charges proved against the Respondent "were of neglect of duty" which resulted in pecuniary loss to the Railways - Respondent was a Sub-Inspector in the Railway Police discharging an office of trust and confi
(2020) 13 SCALE 301

(91) M/S TAMIL NADU STATE MARKETING CORPORATION LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 25-11-2020
Income Tax Act, 1961 - Section 40(a)(iib) - Constitution of India, 1950 - Article 226 - VAT expenditure is not allowable as deduction - When the vires of Section 40(a)(iib) of the Income Tax Act were challenged, which can be decided by the High Court alone in exercise of powers under Article 226 of the Constitution, the High Court ought to have decided the issue with regard to vires of Section 40(a)(iib) on merits, irrespective of the fact whether the matter was sub judice before the Income Tax
(2020) 429 ITR 327 : (2020) 13 SCALE 379

(92) JATINDERVEER ARORA AND OTHERS Vs. STATE OF PUNJAB RESPONDENT [SUPREME COURT OF INDIA] 25-11-2020
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Supreme Court Rules - Order 39 - Transfer of Trial - Power of - Transfer of trial from one state to another would inevitably reflect on the credibility of the State's judiciary - Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked - Present bunch of cases are not perceived to be amongst such exceptional categories - Petition dismissed.
(2020) 13 SCALE 353

(93) TEJ BAHADUR Vs. SHRI NARENDRA MODI [SUPREME COURT OF INDIA] 24-11-2020
Representation of the People Act, 1951 - Section 33(3) - Nomination paper - A person to make claim that he was duly nominated, his nomination paper must comply with statutory requirements which govern the filing of nomination papers and not otherwise
(2020) 13 SCALE 372

(94) CHIEF EXECUTIVE OFFICER AND VICE CHAIRMAN GUJARAT MARITIME BOARD Vs. ASIATIC STEEL INDUSTRIES LTD AND OTHERS [SUPREME COURT OF INDIA] 24-11-2020
Contract Act, 1872 - Sections 64 and 65 - Termination of contract - Refund of interest - Conduct of the Board betrays a callous and indifferent attitude, which in effect is that if Respondent wished for its money to be returned, it had to approach the court - This was despite its knowledge that at least three other identically placed entities had asked for return of money and, upon approaching the court, were refunded the amounts given by them promptly - In view of these facts, nothing prevented
(2020) 13 SCALE 360

(95) B. K. RAVICHANDRA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-11-2020
Constitution of India, 1950 - Articles 21, 265 and 300-A - Requisitioning and Acquisition of Immovable Properties Act, 1952 - Suit for possession - History of the right to property show that though its pre-eminence as a fundamental right has been undermined, nevertheless, the essence of the rule of law protects it - Evolving jurisprudence of this court also underlines that it is a valuable right ensuring guaranteed freedoms and economic liberty phrasing of Article 300-A is determinative and its
(2020) 13 SCALE 476

(96) VENKATESAN BALASUBRAMANIYAN Vs. THE INTELLIGENCE OFFICER, D.R.I. BANGALORE [SUPREME COURT OF INDIA] 20-11-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 167(2) and 439 - Narcotic Drugs and Psychotropic Substances, Act, 1985 - Sections 22, 28 and 29 - Possession and transportation of narcotic substance - Combined complaint - Bail - It is true that two offences, one at Hyderabad and another case at Bangalore - A combined complaint taking care of both the offences was filed before the Special Court, Omerga as noted above wherein offences committed by the accused were also inquired and dealt with - The
(2020) 13 SCALE 191

(97) RUSODAY SECURITIES LIMITED Vs. NATIONAL STOCK EXCHANGE OF INDIA LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-11-2020
National Securities Clearing Corporation Limited Rules - Rule 8(2) - Termination of Membership - As per the general scheme of regulation of a trading/clearing member, it is settled position that a member whose membership has been terminated or who has been expelled is not absolved from fulfilling his contractual or other obligations in any manner.
(2020) 13 SCALE 252

(98) OMANAKKUTTAN AND OTHERS Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 20-11-2020
Penal Code, 1860 (IPC) - Sections 34, 324, 326 and 308 - Voluntarily causing hurt by dangerous weapon - Modification of sentence - Incident occurred on 13.01.2002 and the 3rd appellant herein has already served more than two years of sentence - It is a fit case to modify the sentence and reduce the compensation of Rs. 25,000/- each for offence under Section 308 read with Section 34 IPC and for conviction under Section 326 IPC - Compensation awarded for the offence under Section 308 read with Sec
(2020) 13 SCALE 189

(99) M/S KALEDONIA JUTE AND FIBRES PRIVATE LIMITED Vs. M/S AXIS NIRMAN AND INDUSTRIES LIMITED AND OTHERS [SUPREME COURT OF INDIA] 19-11-2020
Companies Act, 2013 (substituted under IBC) - Section 434 - Transfer of certain pending proceedings - Section 434in entirety purports to deal with the transfer of proceedings pending either before the Board of Company Law Administration or before the Company Court (the High Court or the District Court) - Clause (b) of Sub-section (1) deals with the right of appeal to the High Court against any decision of the Company Law Board and hence Clause (b) is actually a misfit in the scheme of Sect
(2020) 13 SCALE 176

(100) JAYANTILAL VERMA Vs. STATE OF M.P. (NOW CHHATTISGARH) [SUPREME COURT OF INDIA] 19-11-2020
Penal Code, 1860 (IPC) - Sections 302 and 34 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Evidence Act, 1872 - Sections 106 and 134 - Murder of wife - Conviction and sentence - Appeal against - Most important aspect is where the death was caused and the body found - It was in the precincts of the house of the appellant herein where there were only family members staying - High Court also found that the location of the house and the surrounding buildings was such that there was no possi
(2020) 13 SCALE 143