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Latest Cases

(901) M/S DALMIA POWER LIMITED AND ANOTHER Vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, TRICHY [SUPREME COURT OF INDIA] 18-12-2019
Companies Act, 2013 - Sections 230 and 232 - Income Tax Act, 1961 - Sections 139(1), 139(5) and 170(1) - Whether the Department ought to have permitted the assessee companies to file the revised Income Tax Returns for the Assessment Year 2016-2017 after the expiry of the due date prescribed under Section 139(5) of the Income Tax Act, 1961 on account of the pendency of proceedings for amalgamation of the assessee companies with other companies in the group under Sections 230-232 of the Companies
(2020) 312 CTC 113 : (2020) 312 CurTR 113 : (2020) 420 ITR 339 : (2020) 4 MLJ 94 : (2020) 1 SCALE 259 : (2020) 269 TAXMAN 352

(902) P. SINGARAVELAN AND OTHERS Vs. THE DISTRICT COLLECTOR, TIRUPPUR AND DT AND OTHERS [SUPREME COURT OF INDIA] 18-12-2019
Constitution of India, 1950 - Article 14 - Claim for Selection Grade and Special Grade scales of pay - It is well-settled that a person cannot invoke Article 14 to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in the first place - Article 14 embodies the concept of positive equality alone, and not negative equality, that is to say, it cannot be relied upon to perpetuate an illegality or irregularity - In fact, this Court has opined that this
(2020) 1 ALT 162 : (2020) 1 SCALE 187 : (2020) 3 SCC 133 : (2020) 3 SCC 133 : (2020) 1 SCT 495 : (2020) 1 SLJ 545

(903) M/S SHANTI CONDUCTORS (P) LTD. Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS [SUPREME COURT OF INDIA] 18-12-2019
Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 - Section 3 read with Section 4 - Civil Procedure Code, 1908 (CPC) - Order 7 Rule 6 - Claim for interest - Exemption - Proviso of Order VII Rule 6, which has been added by Act 104 of 1976, which provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint - Pr
(2020) 141 ALR 791 : (2020) 1 SCALE 490 : (2020) 2 SCC 677

(904) RANA PRATAP SINGH Vs. VITTIYA EVAM LEKHA ADHIKARI, DISTRICT BASIC EDUCATION OFFICER AND OTHERS [SUPREME COURT OF INDIA] 18-12-2019
Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 - Rules 22 and 23 - Notification of Vacancies to the Employment Exchange - Appointment - Appellant's case is that apart from calling names from the Employment Exchange, the respondent No.1 had also published an Advertisement on 05.12.1990 in the Daily News Paper 'Dainik Devvrat' - Learned counsel for the respondents has refuted the claim of appellant of publication in the Daily News Paper - He submits that Editor of News Pape
(2020) AIRSC 294 : (2020) AIRSCCivil 1236 : (2020) 3 AllLJ 144 : (2020) 1 ALT 146 : (2020) 166 FLR 18) : (2020) LIC 1558 : (2020) 1 SCALE 327 : (2020) 3 SCC 478 : (2020) 1 SCT 505 : (2020) 1 SLJ 481

(905) JHARKHAND PUBLIC SERVICE COMMISSION Vs. MANOJ KUMAR GUPTA AND ANOTHER [SUPREME COURT OF INDIA] 18-12-2019
Service Law - Appointment of Lecturers - Fixation of minimum marks - Advertisement clearly indicates that only those candidates who obtained 50% marks in Paper I and II would be eligible to take the test in Paper III - The minimum qualifying marks in case of General/OBC candidates was 50% - At this stage, there was no need to fix the qualifying marks for Paper III - That need will arise only when the moderation committee meets and decides what should be the level of competence expected from the
(2020) 1 JLJR 203 : (2020) 1 OriLawRev 216 : (2020) 1 PLJR 247 : (2020) 1 SCALE 504

(906) DAV PUBLIC SCHOOL Vs. THE SENIOR MANAGER, INDIAN BANK, MIDNAPUR BRANCH AND OTHERS [SUPREME COURT OF INDIA] 18-12-2019
Consumer Law - Deficiency of service - Fraudulent transactions - Compensation - Liability - Denial of the compensation corresponding to the extent of the School’s loss, by the State Commission as well as by the NCDRC would not be justified - Question then is whether the Bank should be asked to compensate the school for the entire loss through such fraudulent transaction - In this context, it may be noticed that when the siphoning of a large sum of Rs. 25,00,000/- was first detected by the school
(2020) 1 AndhLD 240 : (2020) 1 ApexCourtJudgments(SC) 139 : (2020) 1 CPJ 34 : (2020) 1 CPR 133 : (2019) 12 JT 391 : (2020) 1 LawHeraldSC 222 : (2020) 3 LW 658 : (2020) 3 MLJ 781 : (2020) 1 RCRCivil 594 : (2020) 1 Scale 507

(907) M/S. DYNA TECHNOLOGIES PVT. LTD. Vs. M/S. CROMPTON GREAVES LTD. [SUPREME COURT OF INDIA] 18-12-2019
Arbitration and Conciliation Act, 1996 - Sections 34 and 34(4) - Arbitral award - Legislative intention of providing Section 34(4) in the Arbitration Act was to make the award enforceable, after giving an opportunity to the Tribunal to undo the curable defects - Provision cannot be brushed aside and the High Court could not have proceeded further to determine the issue on merits - In case of absence of reasoning the utility has been provided under of Section 34(4) of the Arbitration Act to cure
(2020) 1 ApexCourtJudgments(SC) 50 : (2020) 1 ArbiLR 1 : (2020) 156 CLA 1 : (2020) 1 HLT 69 : (2019) 12 JT 544 : (2020) 1 LawHeraldSC 350 : (2020) 4 LW 718 : (2020) 1 RecentApexJudgments(RAJ) 33 : (2020) 1 Scale 121 : (2020) 157 SCL 621

(908) IN RE : ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES[SUPREME COURT OF INDIA] 18-12-2019
Assessment of the Criminal Justice System in response to Sexual Offences - Implementation of provisions of Criminal law - Post Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial. Still, the statistics would reveal that desired results could not be achieved. As per the latest report of National Crime Records Bureau of Crime in India in the year 2
(2020) 1 ALTCrl 1 : (2020) 1 Crimes 69 : (2020) 2 SCALE 317

(909) UTTARAKHAND TRANSPORT CORPORATION AND OTHERS Vs. HEERA SINGH PARIHAR [SUPREME COURT OF INDIA] 18-12-2019
Service Law - Disciplinary proceedings - Disciplinary proceedings are not quasi criminal in nature. A disciplinary inquiry is conducted by the employer to inquire into a charge or misconduct pertaining to a breach of the rules and regulations governing the service of the employer. The standard of proof is not that governed by a criminal trial - It is true that the colleague of the respondent who is alleged to have been abused and assaulted by the complaint changed his version. However, having re
(2020) 1 ApexCourtJudgments(SC) 219 : (2020) 165 FLR 364) : (2020) LabLR 122 : (2020) 1 SCT 479

(910) UNIVERSITY OF DELHI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-12-2019
Delhi University Act, 1922 - Section 21 - Limitation Act, 1963 - Section 5 - Residential development - Approval of the Executive Council - Condonation of delay - Challenge in the writ petition was, inter alia, to the decision of the DDA who had allowed respondent no.13 to construct a high­rise multistory group housing society in the control zone of Zone­C in the University campus, without any height restriction - Construction permission was allowed on the plot leased out to the DMRC by permittin
(2020) 1 ALT 230 : (2020) 266 DLT 305 : (2020) 1 SCALE 297

(911) RAILWAY ELECTRIFICATION Vs. M/S ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY [SUPREME COURT OF INDIA] 17-12-2019
These appeals have been preferred against the impugned orders dated 03.01.2019 and 29.03.2019 passed by the High Court of Judicature at Allahabad in Arbitration Application No. 151 of 2018 in and by which the High Court rejected the contention of the appellant that the arbitrator is to be appointed as per General Conditions 64 (3)(a)(ii) and 64 (3)(b) of the Contract and appointed Shri Justice Rajesh Dayal Khare as the sole arbitrator for resolving the dispute between the parties.
(2020) 1 ALT 70 : (2020) 1 ArbiLR 19 : (2020) 1 SCALE 134

(912) MUNISH KAKKAR Vs. NIDHI KAKKAR [SUPREME COURT OF INDIA] 17-12-2019
Hindu Marriage Act, 1955 - Section 13(1)(ia) - Divorce on the ground of cruelty - It is no doubt true that the divorce legislations in India are based on the 'fault theory', i.e., no party should take advantage of his/her own fault, and that the ground of irretrievable breakdown of marriage, as yet, has not been inserted in the divorce law, despite a debate on this aspect by the Law Commission in two reports - A party, divorce was granted on the ground of irretrievable breakdown of marriage, aft
(2020) 1 AirKarR 687 : (2020) AIRSC 111 : (2020) AIRSCCivil 734 : (2020) 1 AndhLD 116 : (2020) 3 ApexCourtJudgments(SC) 301 : (2020) 2 CivCC 41 : (2020) 1 DMC 3 : (2019) 12 JT 350 : (2020) 1 LawHeraldSC 94 : (2020) 3 MLJ 777 : (2020) 197 PLR 302 : (2020) 1 SCALE 10 : (2020) 1 SCJ 6

(913) MANJU Vs. STATE OF DELHI [SUPREME COURT OF INDIA] 17-12-2019
Penal Code, 1860 (IPC) - Section 302 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Murder of child by mother - Appeal against conviction and sentence - Circumstantial evidence - Cause of death was asphyxia due to ante mortem strangulation - It is fairly well settled that to base conviction solely on the circumstantial evidence, unless chain of circumstances is established conviction cannot be recorded - From the totality of evidence on record it is clear that the baby girl was put in in
(2020) AIRSC 108 : (2020) 1 CriCC 337 : (2020) 1 Crimes 11 : (2020) 1 JabLJ 127 : (2020) 1 JLJR 213 : (2019) 12 JT 280 : (2020) 1 PLJR 257 : (2020) 4 RCRCriminal 199 : (2020) 2 RLW 1029 : (2020) 1 SCALE 1 : (2020) 1 UC 221

(914) HARINDER SINGH @ HIRA Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 17-12-2019
Penal Code, 1860 (IPC) - Sections 302 and 201 - Criminal Procedure Code, 1973 (CrPC) - Section 161 - Murder - Dead body was recovered at the instance of the appellant - There is no effective cross­examination with regard to the extra­judicial confession - Accused and this witness are closely related and the extra­judicial confession was made by the accused to a confidante - Statement of PW­3 is virtually the repetition of whatever has been stated in the FIR and hence is not being reproduced. She
(2020) 1 AICLR 472 : (2020) AllSCRCrl 52 : (2020) 3 CriCC 766 : (2020) 1 Crimes 14 : (2019) 12 JT 396 : (2020) 1 SCALE 5

(915) CHANDIGARH HOUSING BOARD Vs. M/S. PARASVANATH DEVELOPERS PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 17-12-2019
This appeal arises out of the final order dated 11.05.2016 passed by the National Consumer Disputes Redressal Commission at New Delhi {hereinafter 'National Commission') in Consumer Complaint (C.C.) No. 19 of 2011, vide which the Respondent No.1 and Appellant herein were directed to pay Respondent No. 2 herein a principal sum of Rs. 1,03,31,250/-with interest @ 10% p.a., Rs.1,00,000 for mental harassment and agony, and Rs.1,00,000 towards litigation costs in the ratio of 70:30.
(2020) 4 CivCC 358 : (2020) 1 CPJ 41 : (2020) 1 CPR 125 : (2019) 17 Scale 763

(916) M/S GENENTECH INC. AND OTHERS DRUG CONTROLLER GENERAL OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-12-2019
Plaintiff no.1- M/s Genentech Inc. claimed themselves to be the innovators of the monoclonal antibody drug Trastuzumab' which is manufactured by the plaintiff no.3- F. Hoffmann-La Roche and is being marketed in India by plaintiff no.2- Roche Products (India) Pvt. Ltd. under the brand name HERCEPTIN, HERCLON and BICELTIS. The drug Trastuzumab' is approved globally for treatment of cancer. The suit before the Delhi High Court came to be filed seeking to inter alia restrain respondent No.3-M/s Reli
(2020) 1 SCALE 317

(917) DR. (MAJOR) MEETA SAHAI Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 17-12-2019
Bihar Health Service (Appointment and Service Conditions) Rules, 2013 - Rules 5 and 6(iii) - Grant of weightage on the basis of work experience - Rule 5 and 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 are construed to include the experience gained by a doctor in any hospital run by the Bihar Government or its instrumentalities, as well as any other non­private hospital (including those run by the Central Government, Municipalities and Panchayati Raj Instit
(2020) 1 ApexCourtJudgments(SC) 538 : (2020) 1 JLJR 193 : (2020) 4 MLJ 427 : (2020) 1 PLJR 237 : (2019) 17 Scale 718 : (2020) 1 SCT 469 : (2019) Supreme 1376

(918) JATINDER KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 17-12-2019
Penal Code, 1860 (IPC) - Sections 306, 406, 304-B and 498-A - Evidence Act, 1872 - Section 113-B - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Dowry Prohibition Act, 1961 - Section 2 - Suicidal death of wife - Cruelty or harassment - Appeal against conviction and sentence - A link can be established between such acts of the appellant and death of the deceased victim - Once these factors are proved, presumption rests on the accused under Section 113-B of the Indian Evidence Act, 1872 - A
(2020) AIRSC 161 : (2020) AIRSCCri 562 : (2020) 1 ALTCrl 325 : (2020) 1 AndhLDCriminal 563 : (2020) 1 CriCC 181 : (2020) 1 DMC 57 : (2020) 4 JKJ 488 : (2019) 12 JT 429 : (2020) 1 OriLawRev 210 : (2020) 1 RCRCriminal 479 : (2019) 17 Scale 772

(919) M/S LANCO HILLS TECHNOLOGY PARK PRIVATE LIMITED Vs. MANISHA BALKRISHNA KULKARNI AND ANOTHER [SUPREME COURT OF INDIA] 17-12-2019
Agreement to sell - Delay in possession - Compensation - Liability - Dispute between the parties relates to the claim of the respondents that despite the execution of the sale deed, possession was not handed over - Respondents moved a consumer complaint before the NCDRC seeking a direction for the handing over of physical possession, together with interest and damages for delayed delivery - NCDRC directed the appellant to pay compensation at the rate of Rs 5 per sq ft for the delay of six months
(2020) 2 AndhLD 26 : (2020) 3 ApexCourtJudgments(SC) 91 : (2020) 1 CPJ 38 : (2020) 1 LawHeraldSC 227 : (2020) 11 SCC 699

(920) KOOLI SASEENDRAN AND OTHERS Vs. STATE OF KERALA ETC. [SUPREME COURT OF INDIA] 17-12-2019
Penal Code, 1860 (IPC) - Sections 143, 147, 148, 302 read with Section 149 - Explosive Substances Act, 1908 - Sections 3 and 5 - Unlawful assembly - Persons were armed with deadly weapons like country­made bombs etc. - They hurled bombs at Parayil Sasi - One of the bombs exploded and said Parayil Sasi received grievous injuries and succumbed to the same. Report in this regard was lodged by PW­1 in which he stated that at about 8.30 a.m. on 12.10.1999 he was sipping tea at the tea shop run by "R"
(2020) AIRSC 1729 : (2020) 1 Crimes 18 : (2020) 1 SCALE 22