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Latest Cases

(901) WAPCOS LIMITED Vs. SALMA DAM JOINT VENTURE AND ANOTHER [SUPREME COURT OF INDIA] 14-11-2019
Arbitration and Conciliation Act, 1996 - Section 11(6) - Arbitration Petition should have been rejected for lack of subsisting or existing arbitration agreement between the parties on the date of filing of Arbitration Petition.
(2020) 1 ALT 11 : (2019) 6 ArbiLR 247 : (2019) 4 CurCC 238 : (2019) 265 DLT 24 : (2020) 3 MLJ 310 : (2019) 16 SCALE 307 : (2020) 3 SCC 169 : (2020) 3 SCC 169

(902) LILAVATI KIRTILAL MEHTA MEDICAL TRUST Vs. M/S UNIQUE SHANTI DEVELOPERS AND OTHERS [SUPREME COURT OF INDIA] 14-11-2019
Consumer Protection Act, 1986 - Sections 2(1)(d) and 24A - Compensation on account of loss of rent - National Commission dismiss the complaint, on the ground that the appellant trust was not a ‘consumer’ within the meaning of Section 2(1)(d) of the 1986 Act as the section excludes a person who obtains goods and services for a ‘commercial purpose - Appeal against same - Provision of hostel facilities to nurses so as to facilitate better medical care is a positive duty enjoined upon the hospital s
(2020) 1 ALLMR 454 : (2020) 1 ALT 107 : (2020) 1 BCR 376 : (2019) 4 CPJ 65 : (2019) 4 CPR 516 : (2019) 4 CurCC 224 : (2019) 11 JT 277 : (2020) 2 MLJ 271 : (2019) 16 SCALE 592 : (2020) 2 SCC 265

(903) UNION OF INDIA Vs. PRADEEP VINOD CONSTRUCTION COMPANY [SUPREME COURT OF INDIA] 14-11-2019
Arbitration and Conciliation Act, 1996 - Section 11 and 11(6) - When the agreement specifically provides for appointment of named arbitrators, the appointment should be in terms of the agreement - High Court was not right in appointing an independent arbitrator ignoring Clause 64 of the General Conditions of Contract - Appeal allowed.
(2020) 1 ALT 156 : (2020) 1 ApexCourtJudgments(SC) 426 : (2019) 6 ArbiLR 284 : (2019) 4 CurCC 232 : (2019) 265 DLT 104 : (2019) 11 JT 331 : (2020) 1 RCRCivil 208 : (2019) 16 SCALE 783 : (2020) 2 SCC 464

(904) RAMESHCHANDRA DAULAL SONI AND ANOTHER Vs. DEVICHAND HIRALAL GANDHI (DEAD) THR.LRS. SMT. GULABBAI DEVICHAND GANDHI AND OTHERS [SUPREME COURT OF INDIA] 14-11-2019
Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32G - Transfer of Property Act, 1882 - Section 111 - Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 - Sections 5(11), 5(11)(c), 6 and 5(11)(c)(ii) - Eviction - If the claim of the defendant No.5 is to be taken note, not only the reliance on 7/12 (portion) extract but a subsequent inclusion of the name in the Municipal records based on any right that was crystalized in favour of defendant No. 5 based on the MTAL Act wa
(2020) 1 ALLMR 463 : (2020) 1 ALT 22 : (2020) ALTRev 11 : (2020) 1 RCRRent 74 : (2019) 16 SCALE 272

(905) RAM KRISHAN GROVER AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-11-2019
East Punjab Urban Rent Restriction Act, 1949 - Sections 13-B - Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 - Section 13-B of the Rent Act cannot be held to be unconstitutional because it grants a right to claim eviction for bona fide need by summary procedure to a certain group of landlords, that is, Non-Resident Indians subject to and on the satisfaction of statutory conditions which incorporate a check on frivolous evictions. The plea that Sectio
(2019) 2 RCRRent 703 : (2019) 16 SCALE 282

(906) THE MANAGER, THE MAHARASHTRA STATE COOPERATIVE BANK LTD Vs. FARMER BANK EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD. AND OTHERS [SUPREME COURT OF INDIA] 14-11-2019
Consumer Protection Act, 1986 - Sections 12 and 24A - Banking Regulation Act, 1949 - Imposition of costs - Respondent No.1 nor any of its members were involved when the initial allotment was made by the Respondent No.2 in favour of the Appellant, when 16 plots were carved out from the allotted land and 28 tenements were constructed - Tenements were constructed by the Appellant to take care of the needs of its employees for housing - Facility of loans was also extended to each of the allottees an
(2020) 2 ALLMR 458 : (2019) 4 CPR 641 : (2019) 4 CurCC 483 : (2019) 16 SCALE 455

(907) SHRIMANTH BALASAHEB PATIL AND OTHERS Vs. HON'BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AND OTHERS [SUPREME COURT OF INDIA] 13-11-2019
Constitution of India, 1950 - Article 32 - Disqualification of the 17 Karnataka MLAs - Maintainability of Writ Petition - Whether the Writ Petition challenging the order of the Speaker under Article 32 is maintainable? - The jurisdiction conferred on this Court by Article 32 is an important and integral part of the basic structure of the Constitution of India and no act of Parliament can abrogate it or take it away except by way of impermissible erosion of fundamental principles of the constitut
(2020) 1 KantLJ 1 : (2020) 1 MLJ 335 : (2019) 15 SCALE 533 : (2020) 2 SCC 595

(908) THE ORIENTAL INSURANCE CO. LTD. AND ANOTHER Vs. DICITEX FURNISHING LTD. [SUPREME COURT OF INDIA] 13-11-2019
Arbitration and Conciliation Act, 1996 - Sections 11 and 11(6) - Appointment of arbitrator - Settlement of the claim - Insurer's objection about maintainability of the application on the ground that the respondent had signed the discharge voucher and accepted the amount offered, thus, signifying accord and satisfaction, which in turn meant that there was no arbitrable dispute, was rejected - An overall reading of Respondent application (under Section 11(6)) clearly shows that its grievance with
(2020) 1 ALLMR 473 : (2019) 6 ArbiLR 302 : (2019) 4 CurCC 248 : (2019) 11 JT 158 : (2019) 16 SCALE 242

(909) STATE OF MAHARASHTRA AND OTHERS Vs. BALU S/O WAMAN PATOLE [SUPREME COURT OF INDIA] 13-11-2019
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 - Sections 3(1), 3(2) and 13 - Detention - Delegation of powers to the District Magistrate or the Commissioner of Police to detain a person - Once the order of detention is confirmed by the State Government, maximum period for which a detenu shall be detained cannot exceed 12 months fr
(2020) ALLMRCri 475 : (2019) 3 ALTCrl 465 : (2019) 4 Crimes 173 : (2019) 11 JT 154 : (2019) 16 SCALE 237

(910) CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA Vs. SUBHASH CHANDRA AGARWAL [SUPREME COURT OF INDIA] 13-11-2019
Right to Information Act, 2005 - Sections 8, 8(1)(j) and 11 - Right to information - Public interest - Confidentiality may have some bearing and importance in ensuring honest and fair appraisals, though it could work the other way around also and, therefore, what should be disclosed would depend on authentic enquiry relating to the public interest, that is, whether the right to access and the right to know outweighs the possible public interest in protecting privacy or outweighs the harm and inj
(2019) 8 MLJ 222 : (2019) 16 SCALE 40

(911) ROJER MATHEW Vs. SOUTH INDIAN BANK LTD. AND OTHERS [SUPREME COURT OF INDIA] 13-11-2019
Finance Act 2017 - Section 184 - Appointments of members of the tribunals - Service conditions - Empowers the Central Government to frame rules relating to appointment and service conditions of members of various tribunals - Constitutional validity of Section 184 of the Finance Act 2017 Upheld.
(2019) 15 SCALE 615

(912) Jabbar Vs. Maharashtra State Road Transport Corporation [SUPREME COURT OF INDIA] 13-11-2019
The Appellant was a fruit seller whose right hand was amputated after the accident. In the claim petition, the claimant, at page 24 in para 4, has claimed that he is entitled for compensation of Rs. 9,05,000/- from the Respondents jointly and severally and the claimant is suffering from financial crisis, therefore, he is unable to pay court fees on the said amount. Therefore, he had restricted his claim to the tune of Rs. 3,00,000/-. The Tribunal accepted the case setup by the Appellant and allo
(2019) 4 ACC 699 : (2020) ACJ 639 : (2020) 2 ALLMR 494 : (2019) 2 AnWR 635 : (2020) 1 ApexCourtJudgments(SC) 161 : (2020) 1 RCRCivil 308 : (2020) 1 TAC 37 : (2019) 2 TNMAC 711

(913) M SIDDIQ (D) THROUGH LRS Vs. MAHANT SURESH DAS AND OTHERS [SUPREME COURT OF INDIA] 09-11-2019
Ayodhya Verdict - Muslims have been wrongly deprived of a mosque which had been constructed well over 450 years ago - Entire disputed land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir - There is clear evidence to indicate that the worship by the Hindus in the outer courtyard continued unimpeded in spite of the setting up of a grill-brick wall in 1857 - Their possession of the outer courtyard stands established together with the incidents attaching to their cont
(2019) 6 ALLMR 482 : (2019) 6 ALT 383 : (2019) 4 CurCC 182 : (2019) 8 MLJ 117 : (2019) 15 SCALE 1 : (2020) 1 SCC 1 : (2020) 1 SCJ 209 : (2019) 9 SLT 401

(914) SHIA CENTRAL BOARD OF WAQF UP Vs. SUNNI CENTRAL BOARD OF WAKF [SUPREME COURT OF INDIA] 09-11-2019
SLP (Civil) Diary number 22744 of 2017. There is an inordinate delay of 24964 days in the Special Leave Petition filed by the Shia Central Board of Waqf Uttar Pradesh against the final judgment dated 30 March 1946 of the Civil Judge, Faizabad. The delay has not been adequately explained. The Special Leave Petition is accordingly dismissed.
(2019) 15 SCALE 500 : (2020) 1 SCC 793

(915) Shia Central Board of Waqf, U.P. Vs. Sunni Central Board of Wakf[SUPREME COURT OF INDIA] 09-11-2019
There is an inordinate delay of 24964 days in the Special Leave Petition filed by the Shia Central Board of Waqf Uttar Pradesh against the final judgment dated 30 March 1946 of the Civil Judge, Faizabad. The delay has not been adequately explained. The Special Leave Petition is accordingly dismissed.
(2019) 15 Scale 500 : (2020) 1 SCC 793

(916) M/S. MITRA GUHA BUILDERS (INDIA) COMPANY Vs. OIL AND NATURAL GAS CORPORATION LIMITED [SUPREME COURT OF INDIA] 08-11-2019
Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - Levy of liquidated damages - Clause 2 of the agreement is a complete mechanism for determination of liability. The right to levy damages for delay is exclusively conferred upon the Superintending Engineer and Clause 2 of the present agreement is a complete mechanism for determination of liability and when such compensation is levied by the Superintending Engineer, the same is final and binding. The parties have also consciously agreed
(2019) 6 ArbiLR 216 : (2020) 3 CTC 330 : (2019) 4 CurCC 171 : (2020) 1 MLJ 523 : (2019) 15 SCALE 501 : (2020) 3 SCC 222

(917) HARI NIWAS GUPTA Vs. STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 08-11-2019
Constitution of India, 1950 - Article 311(2)(b) - Dismissal of the judicial officers dispensing with the departmental inquiry. A news item was published in a local daily (Udghosh), that on 26th January 2013 the Nepal Police had apprehended three judicial officers belonging to the State of Bihar as they were allegedly found in a compromising position with three Nepali women in a guest house at Biratnagar, Nepal.
(2020) AIRSC 1689 : (2019) 6 ALT 371 : (2019) 4 JLJR 490 : (2019) 11 JT 173 : (2020) 1 LLN 19 : (2019) 4 PLJR 433 : (2019) 15 SCALE 515 : (2020) 3 SCC 153 : (2020) 3 SCC 153 : (2019) 4 SCT 808 : (2020) 1 SLJ 79

(918) UNION OF INDIA AND OTHERS Vs. GANDIBA BEHERA [SUPREME COURT OF INDIA] 08-11-2019
Central Civil Services (Pension) Rules, 1972 - Rule 88 - Grant of pension - Whether services rendered by the employees in the postal department in the capacity of Gramin Dak Sevaks (GDS) ought to be computed or not for the purpose of calculation of the qualifying service of their pension after they got selected in regular posts in the said department.
(2020) 1 ALT 178 : (2019) 4 JabLJ 509 : (2019) 16 SCALE 190 : (2019) 4 SCT 826 : (2020) 1 SLJ 1

(919) UNION OF INDIA AND OTHERS Vs. 794898 T. EX. CORPORAL ABHISHEK PANDEY [SUPREME COURT OF INDIA] 08-11-2019
Air Force Rules, 1969 - Rules 15(2), 15(2)(g)(ii) and Rule 15(2)(k) - Habitual offender - Seven entries of punishment (3 Red Ink and 4 Black Ink) in the Conduct Sheet of the Respondent - Appeals against the judgment of the Tribunal by which the order of discharge of the Respondent was set aside and directed the payment of back wages to the extent of 25 per cent - Appeal against same - Respondent was initially a potential habitual offender before he was considered as a habitual offender - He was
(2019) 11 JT 145 : (2019) 16 SCALE 234 : (2019) 4 SCT 816 : (2020) 1 SLJ 116

(920) AWADHESH KUMAR Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 08-11-2019
Penal Code, 1860 (IPC) - Sections 300 302, 304, 304 Part I, 307, 504 and 506/34 - Murder - Common intention - High Court has been pleased to allow the appeal preferred by the original accused partly and has converted the conviction from Section 302 IPC to Section 304 Part I IPC - Appeal against same - None of the persons from the complainant side, including the deceased, was having any weapon - There was no further grave and sudden provocation by the deceased which led to the accused to fire on
(2019) AIRSC 5756 : (2019) 3 ALTCrl 469 : (2019) 4 CgLJ 355 : (2020) CriLJ 910 : (2020) CriLJ 910 : (2019) 4 Crimes 219 : (2019) 4 JLJR 500 : (2019) 11 JT 105 : (2019) 3 MPWN 78 : (2020) 1 PLJR 15 : (2019) 16 SCALE 178 : (2019) 10 SCC 323