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Latest Cases

(81) COMMON CAUSE Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Mines and Minerals (Development and Regulation) Act, 1957 - Section 21(5) - Permission to resume regular mining operations - Delay in payment of the compensation along with interest is condoned - Applicant permitted to resume mining operations subject to all necessary clearances required in accordance with law being obtained - Competent Officers of the State of Orissa shall also conduct a joint verification of the undisposed stock and allow sale of the same by the Applicant on following due proc

(82) WONDER PROJECTS DEVELOPMENT PRIVATE LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Zoning Regulation of the Revised Master Plan, 2015 - Illegal project - Construction in buffer zone of Kaikondarahalli Lake - It is thus evident that as on the date the impugned order was passed the final round of inspection had not been completed and as such the NGT did not have the benefit of the final report by the Joint Committee for making a factual determination, to arrive at a conclusion keeping in view the legal position - Though the report of the Joint Committee is presently placed befor

(83) GOVERNMENT OF INDIA AND OTHERS Vs. ISRO DRIVERS ASSOCIATION [SUPREME COURT OF INDIA] 10-08-2020
Central Civil Services (Recognition of Service Association) Rules, 1993 - Rules 5(c) and 5(d) - Recognition of Service - Distinct category - Rule 5(d) which lays down that subsequent association with less than 35% of total number of categories can be recognized if it commands at least 15% of the membership - Respondent confining itself to drivers as members cannot command 15% of the total number of employees covered by the scheme in SDSC SHAR as the sanctioned strength of the drivers (around 160

(84) HARI KRISHNA MANDIR TRUST Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 07-08-2020
Maharashtra Regional and Town Planning Act, 1966 - Sections 88, 91, 125 and 126 - Deletion of the Public Road from the Town Planning Scheme - Appeal against the High Court dismissing Petition filed by the appellant, challenging an order, whereby the State Government refused to sanction modification of a Scheme under the provisions of Section 91 of the Act - High Court found the deletion of a public road

(85) RAMA NAND AND OTHERS Vs. CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2020
Service Law - Reorganisation Scheme - Post of Radio Telephone Operators (RTOs) - Grant of financial upgradations - Appellants were entitled to get their first financial upgradation on completion of 12 years of service in the DFS as Telephone Operators/RTOs, but that the same were denied since the respondents treated their conversion of the aforesaid posts as a promotion - Appellants filed before the CAT and succeeded and granted the pay scale of RTOs, i.e., Rs.380-560 on the principle of "equal

(86) JANHIT ABHIYAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2020
Constitution of India, 1950 - Article 145(3) - Supreme Court of Rules, 2013 - Order 38 Rule 1(1) - 10% quota for Economically Weaker Sections - Challenged - Amendments run contrary to the constitutional scheme, and no segment of available seats/posts can be reserved, only on the basis of economic criterion - Substantial questions of law to be considered by a Bench of five Judges - It is clear from the language of Article 145(3) of the Constitution and Order XXXVIII Rule 1(1) of the Supreme Court

(87) SHOR Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-08-2020
United Provinces Prisoners Release on Probation Act, 1938 - Section 2 - Murder of 11 persons - Premature release of prisoner - It is clear that under this Section what has to be seen by the State Government is (i) antecedents (ii) conduct in the prison and (iii) the person, if released, is likely to abstain from crime and lead a peaceable life. If having regard to these factors, the person is released, the State Government may do so on conditions stated in the Section - Merely repeating the fact

(88) AJOY DEBBARMA AND OTHERS Vs. STATE OF TRIPURA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2020
Service Law - Illegal Selection - Termination - 8,882 ad-hoc teachers were working in the School Education Department and in terms of the directions issued by the Supreme Court in the decision Tanmoy Nath vs State of Tripura, (2014) 2 TLR 731, were terminated after the Academic Session 2019-2020 was over - Some of them challenged this termination before the High Court of Tripura - The High court dismissed the petitions observing that petitioners are seeking review of the judgment rendered in Tan

(89) GANGADHAR ALIAS GANGARAM Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-08-2020
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(ii)(c), 8C and Section 37 - The stringent provisions of the NDPS Act, such as Section 37, absence of any provision for remission do not dispense with the requirements of prosecution to establish a prima facie case beyond reasonable doubt after investigation, only where after which the burden of proof shall shift to the accused - The gravity of the sentence and the stringency of the provisions will therefore call for a heighte

(90) THE CHAIRMAN, BOARD OF TRUSTEES, COCHIN PORT TRUST Vs. M/S AREBEE STAR MARITIME AGENCIES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 05-08-2020
Major Port Trusts Act, 1963 - Section 47-A - Whether the liability to pay "ground rent" on containers unloaded at Cochin Port, but not cleared by the consignees/importers and refused to be destuffed by the Port, on the ground of inadequate storage space, can be imposed on the owners of the vessel/steamer agents beyond the period of 75 days, fixed by the Tariff Authority of Major Ports, a statutory body constituted under Section 47-A of the Major Port Trusts Act, 1963 - Held, Steamer agents them

(91) MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED Vs. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH AND ANOTHER [SUPREME COURT OF INDIA] 05-08-2020
Drugs and Cosmetics Act, 1940 - Sections 25, 25(1), 25(2), 25(3) and 25(4) - Supply of expired tubes of clotrimazole cream in medical store - Appeal against order of blacklisting - There is considerable unexplained delay on the part of the Drug authorities and the Respondent resulting in the first and second samples being tested late - Second sample being tested 8 months after its shelf life had expired - Order of blacklisting set aside - Appeal allowed.

(92) M/S. EXL CAREERS AND ANOTHER Vs. FRANKFINN AVIATION SERVICES PRIVATE LIMITED [SUPREME COURT OF INDIA] 05-08-2020
Civil Procedure Code, 1908 - Order 7 Rule 10 and Order 7 Rule 10A - Return of plaint - If a plaint is returned under Order VII Rule 10 and 10A, for presentation in the court in which it should have been instituted, whether the suit shall proceed de novo or will it continue from the stage where it was pending before the court at the time of returning of the plaint, Held Suit in new Court has to Proceed De Novo on Return of Plaint

(93) RAVINDER KAUR GREWAL AND OTHERS Vs. MANJIT KAUR AND OTHERS [SUPREME COURT OF INDIA] 31-07-2020
Civil Procedure Code, 1908 (CPC) - Section 100 - Registration Act, 1908 - Section 17(2)(v) - Ownership rights - Memorandum of settlement - A family settlement was arrived at in 1970 and also acted upon by the concerned parties - That finding of fact recorded by the first appellate Court being unexceptionable, it must follow that the document was merely a memorandum of a family settlement so arrived at - Resultantly, it was not required to be registered and in any case, keeping in mind the settle

(94) SUKH SAGAR MEDICAL COLLEGE AND HOSPITAL Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 31-07-2020
Indian Medical Council Act, 1956 - Sections 10A and 11 - General Clauses Act, 1897 - Section 21 - Gross deficiency by Medical college - Revocation of Essentiality Certificate - Power of State Government - Section 21 of the 1897 Act cannot be invoked and in absence of an express provision in the IMC Act or the 1999 Regulations empowering the State Government to revoke or cancel the Essentiality Certificate, such a power cannot be arrogated by the State relying on Section 21 - That, however, does

(95) PREM CHAND Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 30-07-2020
Prevention of Food Adulteration Act, 1954 - Section 2(1a)(f) and 16(1) - Sale of adulterated Haldi Powder and too without licence - Acquittal - Report of the public analyst does not mention that the sample was either "insect infested" or was "unfit for human consumption", in the absence of such an opinion, the prosecution has failed to establish the requirements of Section 2 (1a)(f) of the Act - Appeal allowed.

(96) B.B.M ENTERPRISES Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 30-07-2020
Arbitration and Conciliation Act, 1996 - Section 34 - Application for setting aside arbitral award - Award was assailable on the basis of unamended provisions of Section 34 of the Arbitration and Conciliation Act, the Court would expect that there would be some discussion on the merits of the objection on the award and not a mechanical affirmation of the award by simply stating that the award does not come within any of the grounds of challenge enumerated in Section 34 of the Act - Trial Judge d

(97) SHREE CHOUDHARY TRANSPORT COMPANY Vs. INCOME TAX OFFICER [SUPREME COURT OF INDIA] 29-07-2020
Income Tax Act, 1961 - Section 194C - Tax Deduction at Source - Applicability of Section 194C - Question of TDS under Section 194C(2) would have arisen only if the payment was made to a "sub-contractor" and that too, in pursuance of a contract for the purpose of "carrying whole or any part of work undertaken by the contractor" - Held, Learned counsel for the appellant has made an attempt to distinguish the nature of contract in Palam Gas Service vs. Commissioner of Income-Tax, (2017) 394 ITR 30

(98) DR. ASWATHY R.S. KARTHIKA AND OTHERS Vs. DR. ARCHANA M. AND OTHERS [SUPREME COURT OF INDIA] 29-07-2020
Service Law - Appointment - Post of Medical Officer (Homeo) - 1% reservation was provided to the Hindu Nadar Community - Circular of the Commission could not adversely affect the claim of the appellants - Commission was bound to fill up the shortfall in the vacancies reserved for the Hindu Nadar Community.

(99) UNION OF INDIA AND OTHERS Vs. LT. COL. S. S. BEDI [SUPREME COURT OF INDIA] 29-07-2020
Army Act, 1950 - Section 71 and 71(h) - General Court Martial - Cashiering from service - Pensionary benefits - If the penalty imposed by the Court Martial of cashiering from service is upheld, forfeiture of all the pensionary benefits of the Appellant is not automatic - No order as contemplated in Section 71 (h) of the Army Act, 1950 forfeiting his pension has been directed by the General Court Martial - Punishment that may be inflicted in respect of offences committed by persons under the Army

(100) VED PRAKASH GOEL @ VED GOEL AND ANOTHER Vs. S.D. SINGH AND ANOTHER [SUPREME COURT OF INDIA] 29-07-2020
Motor Vehicles Act, 1988 - Section 166 - Motor accident - Compensation - Increase of multiplier - In the age group of 15- 25 years, the multiplier has to be '18' along with factoring in the extent of disability.