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Latest Cases

(921) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-08-2020
. Municipal Law - Unauthorized Constructions - Private land - Whether the Monitoring Committee could have sealed the residential premises - Monitoring Committee is entitled to inspect the premises where encroachments are there on public land - It absolutely clear that Monitoring Committee did not entertain any doubt about the purpose for which it was constituted - Apart from that, it was authorized by subsequent orders to act with respect to unauthorized construction on the public land and roads
(2020) 4 BCR 17 : (2020) 270 DLT 446 : (2020) 6 MLJ 431 : (2020) 10 SCALE 8

(922) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-08-2020
Motor Vehicles Act, 1988 - Registration of BS IV Vehicles - Order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be allowed after 31.03.2020 - There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made - Their registration during the lockdown period could not be made - This Court allow registration of such vehicles only which could not be registered durin

(923) VINEETA SHARMA Vs. RAKESH SHARMA AND OTHERS [SUPREME COURT OF INDIA] 11-08-2020
Hindu Succession (Amendment) Act, 2005 - Hindu Succession Act, 1956 - Sections 6, 6(1) and 6(3) - Coparcenary Rights - When Hindu Succession (Amendment) Act, 2005 came into force, daughters have coparcenary rights even if their father was not alive - Effect of the amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition
(2020) 11 ADJ 71 : (2020) AIRSC 3717 : (2020) 4 AllWC 3841 : (2020) 142 ALR 221 : (2020) 5 ALT 1 : (2020) 5 AndhLD 49 : (2020) 3 ApexCourtJudgments(SC) 654 : (2020) 4 BCR 80 : (2020) 3 CivCC 1 : (2020) 5 CTC 302 : (2020) 3 DNJ 817 : (2020) 4 GLR 3066 : (2020) 3 GujLH 726 : (2020) 4 ILRKerala 333 : (2020) 3 JabLJ 567 : (2020) 4 JKJ 1 : (2020) 8 JT 63 : (2020) 5 KantLJ 1 : (2020) 3 KCCR 1993 : (2020) 4 KHC 513 : (2020) 5 LW 300 : (2021) 1 MhLJ 646 : (2021) 1 MPLJ 209 : (2020) 2 OriLawRev 569 : (2020) 3 RCRCivil 473 : (2020) 3 RLW 2136 : (2020) 9 SCALE 514 : (2020) 9 SCC 1

(924) 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
(2020) AIRSC 3814 : (2020) 130 CutLT 281 : (2020) 3 DNJ 1142 : (2020) 9 SCALE 578 : (2020) 8 SCC 399

(925) 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
(2020) AIRSC 3822 : (2020) 10 FLT 687 : (2020) 8 JT 47 : (2020) 9 SCALE 597 : (2020) 9 SCC 454

(926) 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
(2020) AIRSC 3678 : (2020) 5 AndhLD 159 : (2020) 3 LabLN 273 : (2020) LIC 3503 : (2020) 3 LLJ 513 : (2020) 3 LLN 273 : (2020) 9 SCALE 616 : (2020) 8 SCC 657 : (2020) 3 SCT 484

(927) 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
(2020) 5 AIRBomR 41 : (2020) AIRSC 3969 : (2021) 1 ALLMR 374 : (2020) 5 BCR 392 : (2020) 9 SCALE 642 : (2020) 9 SCC 356

(928) 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
(2020) AIRSC 5199 : (2020) 2 ESC 500 : (2020) 9 JT 529 : (2020) 3 LabLN 307 : (2020) 4 LLJ 75 : (2020) 3 LLN 307 : (2020) 2 OriLawRev 487 : (2020) 9 SCALE 610 : (2020) 9 SCC 208 : (2020) 3 SCT 527 : (2020) 3 SLJ 298

(929) MAULANA ALA HADRAMI AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2020
Constitution of India, 1950 - Article 21 - Violation of Visa Norms - Foreign Nationals - Criminal cases against foreigners for violating visa norms and COVID-19 Guidelines - Criminal cases concerning these ten foreigners pending in different Trial Courts in the NCT of Delhi be brought before the same Court hearing Criminal Case arising out of FIR No.63 of 2020, so that all the cases can be disposed of expeditiously - This Court direct transfer of stated cases to the Chief Metropolitan Magistrat
(2020) 8 SCC 118

(930) MAULANA ALA HADRAMI AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2020
Constitution of India, 1950 - Article 21 - Violation of Visa Norms - Foreign Nationals - Criminal cases against foreigners for violating visa norms and COVID-19 Guidelines - Criminal cases concerning these ten foreigners pending in different Trial Courts in the NCT of Delhi be brought before the same Court hearing Criminal Case arising out of FIR No.63 of 2020, so that all the cases can be disposed of expeditiously - This Court direct transfer of stated cases to the Chief Metropolitan Magistrat
(2020) 8 SCC 118

(931) 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
(2020) 5 AIRBomR 173 : (2020) AIRSC 3670 : (2020) 142 ALR 720 : (2020) 5 ALT 63 : (2020) 5 AndhLD 170 : (2020) 3 ApexCourtJudgments(SC) 777 : (2020) 4 BCR 73 : (2020) 3 CivCC 791 : (2021) 1 CTC 335 : (2020) 130 CutLT 283 : (2020) 3 DNJ 985 : (2020) 4 JKJ 91 : (2020) 8 JT 466 : (2020) 4 KerLJ 191 : (2020) 4 KHC 498 : (2020) 4 KLT 898 : (2020) 3 LawHeraldSC 2144 : (2020) 5 MhLJ 358 : (2020) 7 MLJ 680 : (2020) 4 MPLJ 68 : (2020) 2 OriLawRev 516 : (2020) 199 PLR 479 : (2020) 3 RCRCivil 539 : (2020) 9 SCALE 603 : (2020) 12 SCC 667

(932) 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
(2020) 7 MLJ 151 : (2020) 9 SCALE 326

(933) 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
(2020) 113 ACrC 296 : (2020) AIRSC 3656 : (2020) 2 AndhLDCriminal 617 : (2020) 3 ApexCourtJudgments(SC) 84 : (2020) CriLR 879 : (2020) 130 CutLT 332 : (2020) 3 JabLJ 543 : (2021) 1 JCC 560 : (2020) 4 JKJ 118 : (2020) 8 JT 484 : (2020) 5 KLT 294 : (2020) 2 OriLawRev 452 : (2020) 3 RLW 2013 : (2020) 9 SCALE 593 : (2020) 9 SCC 202

(934) 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
(2020) 2 ESC 342 : (2020) 8 JT 489 : (2020) 9 SCALE 466

(935) 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

(936) 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
(2020) 2 ESC 505 : (2020) 8 JT 475 : (2020) 9 SCALE 270 : (2020) 8 SCC 67 : (2020) 3 SCT 178 : (2020) 3 SLJ 1

(937) 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.
(2020) 9 ADJ 369 : (2020) 5 AllWC 5112 : (2021) 1 BCR 386 : (2020) 8 JT 456 : (2020) 6 KLT 784 : (2020) 3 LawHeraldSC 2134 : (2020) 3 RCRCivil 382 : (2020) 9 SCALE 633

(938) KUDRAT SANDHU Vs. UNION OF INDIA MINISTRY OF FINANCE SECRETARY [SUPREME COURT OF INDIA] 04-08-2020
This application has been filed on behalf of the Delhi State and District Consumer Courts Practitioners Welfare Association for a direction to the respondents to make appointments against all vacant posts in the Consumer Forum. The further relief of extension of the term of Shri O.P. Gupta as Member (Judicial), State Consumer Disputes Redressal Commission, Delhi till appointments are made is also sought. Notice was issued in this application on 17.7.2020.
(2020) 3 SCT 506

(939) DR. ASHWANI KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-08-2020
Constitution of India, 1950 - Article 21 - Rights of elderly people and their enforcement during COVID-19 Pandemic - The elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19 - In event of any complaint made by the elderly people, the hospital administration concerned shall take immediate steps to remedy their grievances.
(2020) 8 SCC 808

(940) DR. ASHWANI KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-08-2020
Constitution of India, 1950 - Article 21 - Rights of elderly people and their enforcement during COVID-19 Pandemic - The elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19 - In event of any complaint made by the elderly people, the hospital administration concerned shall take immediate steps to remedy their grievances.
(2020) 8 SCC 808