(901) V. SUKUMARAN Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 26-08-2020 Service Law - Pensionary benefits - Post-retirement entitlement to maintain the dignity - Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee - Pensionary provisions must be given a liberal construction as a social welfare measure - This does not imply that something can be given contrary to rules, but the very basis for grant of such pension must be kept in mind, i.e., to facilitate a retired Government e (2021) AIRSC 866 : (2020) 3 ApexCourtJudgments(SC) 37 : (2020) 3 ESC 689 : (2020) 9 JT 422 : (2020) 5 KHC 571 : (2020) 5 KLT 201 : (2020) 4 LLJ 1 : (2020) 10 SCALE 134 : (2020) 8 SCC 106 : (2020) 3 SCT 280 : (2020) 3 SLJ 290
(902) NARASAMMA AND OTHERS Vs. A. KRISHNAPPA (DEAD) THROUGH LRS. [SUPREME COURT OF INDIA] 26-08-2020 Adverse possession - Where there is permissive possession given by the owner and the defendant claims that the same had become adverse - It has to be specifically pleaded and proved as to when possession becomes adverse in order for the real owner to lose title 12 years hence from that time (2021) 1 AIRKarR 5 : (2020) AIRSC 4178 : (2021) 144 ALR 241 : (2020) 5 ALT 188 : (2020) 6 AndhLD 60 : (2020) 3 JLJR 488 : (2020) 8 JT 341 : (2020) 3 RCRCivil 646 : (2020) 10 SCALE 158 : (2020) 15 SCC 218
(903) RAJ PAL SINGH Vs. COMMISSIONER OF INCOME-TAX, HARYANA, ROHTAK [SUPREME COURT OF INDIA] 25-08-2020 Income Tax Act, 1961 - Section 45 - Capital gain - Assessment year 1975-1976 - Capital gains arising out of land acquisition compensation were chargeable to income-tax under Section 45 of the Act of 1961 for the previous year referable to the date of award of compensation i.e., 29.09.1970 and not the date of notification for acquisition (2020) 316 CurTR 225 : (2020) 427 ITR 1 : (2020) 9 JT 548 : (2020) 5 KLT 211 : (2020) 11 SCALE 140 : (2020) 273 TAXMAN 375
(904) WG. CDR. ARIFUR RAHMAN KHAN AND ALEYA SULTANA AND OTHERS. Vs. DLF SOUTHERN HOMES PVT LTD. (NOW KNOWN AS BEGUR OMR HOMES PVT. LTD.) AND OTHERS [SUPREME COURT OF INDIA] 24-08-2020 Consumer Protection Act 1986 - Section 12(1)(c) - Deficiency of service - Delay in handing over the possession of residential flats - Compensation - Failure of the developer to fulfill the representations made to flat buyers in regard to the provision of amenities - Flat buyers are entitled to compensation for delayed handing over of possession - Dismissal of the complaint by the NCDRC was erroneous - Appeal allowed (2020) 3 ApexCourtJudgments(SC) 715 : (2020) 4 CPJ 10 : (2020) 2 CPR 491 : (2020) 130 CutLT 361 : (2020) 3 DNJ 1143 : (2020) 8 JT 379 : (2020) 3 LawHeraldSC 2326 : (2020) 3 RCRCivil 544 : (2020) 4 RLW 3553 : (2020) 10 SCALE 103 : (2020) 16 SCC 512
(905) VIKRANT SINGH MALIK AND OTHERS Vs. SUPERTECH LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-08-2020 Consumer Protection Act, 1986 - Section 12(1)(c) - Composite complaint by twenty-six flat buyers - Appeal against dismissal of complaint by NCDRC and held that there was nothing common between the complainants in terms of the date of the agreement, cost and size of the flats, and the compensation claimed - Twenty-six consumers claiming a commonality of interest would be maintainable - Appellants had sought liberty of this Court to move an application before the NCDRC for amendment of the complai (2020) 143 ALR 730 : (2020) 10 JT 369 : (2020) 10 SCALE 91 : (2020) 9 SCC 145
(906) SRI V.N.KRISHNA MURTHY AND ANOTHER Vs. SRI RAVIKUMAR AND OTHERS [SUPREME COURT OF INDIA] 21-08-2020 Civil Procedure Code, 1908 - Section 96 - Leave to appeal - It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment - Mere saying that the appellants are prejudicially affected by the decree is not sufficient - Appeal dismissed (2020) 3 AIRKarR 680 : (2020) AIRSC 4038 : (2020) 143 ALR 741 : (2020) 5 AndhLD 153 : (2020) 3 ApexCourtJudgments(SC) 486 : (2020) 4 CivCC 470 : (2020) 3 DNJ 993 : (2020) 3 JLJR 483 : (2020) 8 JT 182 : (2020) 4 KCCR 2691 : (2021) 1 MLJ 553 : (2020) 2 OriLawRev 659 : (2020) 3 PLJR 433 : (2020) 3 RCRCivil 565 : (2020) 10 SCALE 85 : (2020) 9 SCC 501
(907) SARDAR BAHGINDER SINGH S/O GURUCHARAN SINGH Vs. SARDAR MANJIEETH SINGH JAGAN SINGH AND OTHERS [SUPREME COURT OF INDIA] 20-08-2020 Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act 1956 - Section 6(1)(viii) - Nomination - Powers of Diwan - It was not open to the State Government to arrogate the power of nomination to itself or to usurp the powers of the Diwan - Section 6(1)(viii) entrusts that authority to the collective body of members of the Diwan which is entitled to select the four individuals to be nominated to the statutory Board. (2020) 6 ALLMR 636 : (2020) 9 SCALE 794 : (2020) 9 SCC 484
(908) MOHD. ANWAR Vs. THE STATE (N.C.T. OF DELHI) [SUPREME COURT OF INDIA] 19-08-2020 The present criminal appeal, which has been heard through video conferencing, is at the instance of Mohd. Anwar who impugns the judgment dated 22.02.2010 of the High Court of Delhi whereby his appeal against a judgment dated 27/29.04.2004 of the Additional Sessions Judge, Karkardooma, convicting and sentencing him under Section 394 of the Indian Penal Code, 1860 ("IPC") and Section 25 of the Arms Act, 1959, was turned down. (2020) AIRSC 5134 : (2020) 3 ApexCourtJudgments(SC) 794 : (2020) CriLR 816 : (2020) 3 Crimes 143 : (2020) 8 JT 413 : (2020) 3 LawHeraldSC 2094 : (2020) 4 RCRCriminal 845 : (2020) 9 SCALE 579 : (2020) 7 SCC 391 : (2020) 3 SCCCri 145
(909) RHEA CHAKRABORTY Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020 Penal Code, 1860 - Sections 341, 342, 380, 406, 420, 306, 506 and 120B - Criminal Procedure Code, 1973 (CrPC) - Section 406 - Unnatural death - Transfer of Investigations from one police station to another - Power under section 406 CrPC, it must be concluded that only cases and appeals (not investigation) can be transferred - Scope of exercise of this power is for securing the ends of justice - Precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court bel (2020) 112 ACrC 891 : (2020) AIRSC 3826 : (2020) 3 AllCrlRulings 2113 : (2020) ALLMRCri 3072 : (2020) 3 ApexCourtJudgments(SC) 24 : (2020) 4 BomCR(Cri) 18 : (2020) 3 CriLR 803 : (2020) 3 Crimes 130 : (2021) 1 JCC 663 : (2020) 8 JT 138 : (2020) 3 LawHeraldSC 1995 : (2020) 9 SCALE 475
(910) GHANSHYAM UPADHYAY Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020 Vikas Dubey Encounter Case - Allegations of bias made by petitioner against inquiry commission merely on the basis of newspaper reports - There is no other material on record to confirm the truth or otherwise of the statement made in the newspaper - Allegations liable to be rejected - Appeal Dismissed. (2020) 8 ADJ 618 : (2020) 3 AllCrlRulings 2125 : (2020) 3 Crimes 326 : (2021) 1 JCC 458 : (2020) 8 JT 418 : (2020) 9 SCALE 461 : (2020) 16 SCC 811
(911) THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT Vs. M/S. CERA BOARDS AND DOORS, KANNUR KERALA ETC. ETC. [SUPREME COURT OF INDIA] 19-08-2020 Central Excise Act, 1944 - Section 4(1)(a) - Value of excisable goods - Where there is a sale and the three conditions stipulated in clause (a) of subsection (1) of Section 4 are satisfied, the adjudicating authority should determine the value based upon the transaction value. But (i) in cases where there is no sale and (ii) in cases where there is a sale but the three conditions stipulated in clause (a) are not satisfied (2020) 373 ELT 794 : (2020) 8 JT 215 : (2020) 9 SCALE 710 : (2020) 9 SCC 662
(912) DECCAN PAPER MILLS COMPANY LIMITED Vs. REGENCY MAHAVIR PROPERTIES AND OTHERS [SUPREME COURT OF INDIA] 19-08-2020 Arbitration and Conciliation Act, 1996 - Section 8 - Specific Relief Act, 1963 - Sections 31 and 34 - Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed - But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him - When it comes to cancellation of a deed by an executant to the document, such person can approach the Court under section 31, but when it (2020) AIRSC 4047 : (2020) 6 ALLMR 614 : (2021) 144 ALR 250 : (2020) 6 AndhLD 71 : (2020) 4 ArbiLR 468 : (2020) 5 BCR 368 : (2020) 8 JT 188 : (2020) 5 KLT 108 : (2020) 3 LawHeraldSC 2235 : (2020) 6 MLJ 524 : (2020) 9 SCALE 773
(913) MOHD. ANWAR Vs. THE STATE (N.C.T. OF DELHI) [SUPREME COURT OF INDIA] 19-08-2020 Penal Code, 1860 (IPC) - Sections 394 and 84 - Arms Act, 1959 - Section 25 - Voluntarily causing hurt in committing robbery - Appeal against conviction - Defence of mental unsoundness - Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself - Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence's case - No evidence i (2021) 114 ACrC 251 : (2020) AIRSC 5134 : (2020) 3 CriCC 273 : (2020) 4 MLJCriminal 122 : (2020) 4 RCRCriminal 845 : (2020) 7 SCC 391 : (2020) 2 UC 1289
(914) AVITEL POST STUDIOZ LIMITED AND OTHERS Vs. HSBC PI HOLDINGS (MAURITIUS) LIMITED [SUPREME COURT OF INDIA] 19-08-2020 Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach or termination shall be referred to and finally resolved by binding arbitration at the Singapore International Arbitration Centre ("SIAC") in accordance with the International (2020) 4 ArbiLR 1 : (2020) 8 JT 241 : (2020) 3 LawHeraldSC 2183 : (2020) 6 MLJ 544 : (2020) 9 SCALE 733
(915) CENTRE FOR PUBLIC INTEREST LITIGATION Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 18-08-2020 Transfer of PM CARES Fund to NDRF - Funds collected in the PM CARES Fund are entirely different funds, which are of a public charitable trust and there is no occasion for issuing any direction to transfer the funds to the NDRF - Petition dismissed (2021) 1 AIRBomR 88 : (2020) AIRSC 5075 : (2020) 8 JT 154 : (2020) 7 MLJ 233 : (2020) 9 SCALE 489
(916) PREET PAL SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 14-08-2020 Penal Code, 1860 (IPC) - Sections 304B, 498A and 406 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Wife commits suicide due to dowry harassment, cruelty and torture by husband - Appeal by father of victim against the order of High Court that granted the bail to the husband - It is nobody's case that the death of the victim was accidental or natural - There is evidence of demand of dowry, which the Trial Court has considered - Death took place within 7 or 8 months and there is oral evidence (2020) 113 ACrC 679 : (2020) 8 ADJ 612 : (2020) AIRSC 3995 : (2020) 3 AllCrlRulings 2128 : (2020) 2 AndhLDCriminal 707 : (2020) CriLR 795 : (2020) 3 Crimes 147 : (2021) 1 DMC 45 : (2021) 1 JCC 619 : (2020) 4 JKJ 123 : (2020) 3 JLJR 421 : (2020) 8 JT 51 : (2020) 3 MLJCriminal 633 : (2020) 3 PLJR 371 : (2020) 4 RCRCriminal 848 : (2020) 9 SCALE 584 : (2020) 8 SCC 645 : (2020) 3 SCCCri 897 : (2020) 2 UC 1281
(917) IN RE: PRASHANT BHUSHAN AND ANOTHER. …. ALLEGED CONTEMNOR(S)[SUPREME COURT OF INDIA] 14-08-2020 Contempt of Courts Act, 1971 - Sections 15 - Tweets which are based on the distorted facts amount to committing of 'criminal contempt' (2020) AIRSC 4074 : (2020) 3 ALTCrl 1 : (2020) CriLR 884 : (2020) 8 JT 1 : (2020) 4 KHC 657 : (2020) 6 MLJ 319 : (2020) 9 SCALE 668 : (2021) 1 SCC 745
(918) UNION OF INDIA AND ANOTHER Vs. M/S. K.C. SHARMA AND CO. AND OTHERS [SUPREME COURT OF INDIA] 14-08-2020 Transfer of Property Act, 1882 - Section 53A - Defence under Section 53A of the Transfer of Property Act, 1882 is available to a person who has agreement of lease in his favour though no lease has been executed and registered. (2020) 142 ALR 692 : (2020) 3 DNJ 1136 : (2020) 8 JT 422 : (2020) 149 RD 839 : (2020) 10 SCALE 1 : (2020) 15 SCC 209
(919) M. RADHA HARI SESHU Vs. THE STATE OF TELANGANA [SUPREME COURT OF INDIA] 14-08-2020 Penal Code, 1860 (IPC) - Sections 498A, 304B and 302 - Criminal Procedure Code, 1973 (CrPC) - Section 389(1) - Dowry death - Suspension of sentence - Marriage of the deceased with appellant was performed on 2005 and they were blessed with two children - Father of the appellant was diagnosed with pancolitis disease - No case is made out for the offence under Section 304B and he was erroneously convicted for offence under Section 304B as well as 498A, IPC - Appellant is in jail since 15th Decemb (2020) 113 ACrC 359 : (2020) AIRSC 4154 : (2020) CriLR 793 : (2020) 3 Crimes 192 : (2020) 8 JT 61 : (2020) 9 SCALE 458 : (2020) 8 SCC 114 : (2020) 3 SCCCri 553 : (2020) 2 UC 1275
(920) BABULAL VARDHARJI GURJAR Vs. VEER GURJAR ALUMINIUM INDUSTRIES PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 14-08-2020 Insolvency and Bankruptcy Code, 2016 - Section 7 - Limitation Act, 1963 - Articles 62 and 137 - Period of limitation for application under Section 7 Insolvency and Bankruptcy Code, 2016 - Code is a beneficial legislation intended to put the corporate debtor back on its feet and is not a mere money recovery legislation - CIRP is not intended to be adversarial to the corporate debtor but is aimed at protecting the interests of the corporate debtor - Intention of the Code is not to give a new lease (2020) AIRSC 4668 : (2020) 158 CLA 1 : (2020) 222 CompCas 115 : (2020) 4 CompLJ 79 : (2020) 3 LawHeraldSC 2598 : (2020) 5 MhLJ 260 : (2020) 6 MLJ 396 : (2020) 10 SCALE 48 : (2020) 15 SCC 1 : (2020) 160 SCL 784