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Latest Cases

(921) RAHUL JAIN Vs. RAVE SCANS PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 08-11-2019
The resolution applicant (hereafter "the appellant") is aggrieved by the decision of the National Company Law Appellate Board (hereafter "NCLAT") in regard to its directions modifying a resolution plan accepted by the adjudicating authority (i.e. National Company Law Tribunal, hereafter "NCLT" or "the adjudicating authority"). The Corporate Insolvency Resolution Process (CIRP) was initiated against M/s. Rave Scans Private Limited (hereafter the "Corporate Debtor") under Section 10 of the Insolve
(2019) 153 CLA 152 : (2019) 4 CurCC 166 : (2019) 15 SCALE 528 : (2019) 10 SCC 548

(922) ALL INDIA COUNCIL FOR TECHNICAL EDUCATION Vs. SHRI PRINCE SHIVAJI MARATHA BOARDING HOUSE' S COLLEGE OF ARCHITECTURE AND OTHERS [SUPREME COURT OF INDIA] 08-11-2019

(2020) 1 BCR 349 : (2020) 2 JabLJ 544 : (2020) 1 MLJ 207 : (2019) 16 SCALE 421

(923) All India Council for Technical Education Vs. Shri Prince Shivaji Maratha Boarding House's College of Architecture and Ors. [SUPREME COURT OF INDIA] 08-11-2019
This set of appeals mainly involves the question as to whether the mandate of the Council of Architecture (CoA) or that of the All India Council for Technical Education (AICTE) would prevail on the question of granting approval and related matters to an institution for conducting architectural education course, if there is any contradiction in the opinions of these two bodies. Both of them are regulatory bodies constituted by Parliamentary legislations having power to approve or recognize and th
(2020) 1 MLJ 207

(924) KANDASWAMY RAMARAJ Vs. THE STATE BY INSPECTOR OF POLICE, CBCID [SUPREME COURT OF INDIA] 07-11-2019
Against the judgment dated 12.12.2013 passed by the High Court of Judicature at Madras in Criminal Appeal No. 301 of 2012 confirming the judgment dated 20.04.2012 passed in Sessions Case No. 339 of 2011 by the Additional Sessions Judge, Fast Track Court No. V, Chennai, this appeal has been filed by the convicted accused/appellant. The Trial Court as well as the High Court convicted the appellant for the offences punishable under Sections 302, 201 r/w 302 of the Indian Penal Code (for short 'the
(2020) 1 CriCC 233

(925) INDIAN OIL CORPORATION LTD. AND OTHERS Vs. M/S. R.M. SERVICE CENTRE AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2019
Marketing Discipline Guidelines, 2012 - Clauses 5.1.11, 8.2 and 8.3 - Termination of dealership - Adulteration of High Speed Diesel - The first test report dated 29th May, 2013 was found deficient in the density as also in K.V. @40 degree celsius, sulphur and distillation recovery. Even the report dated 19th August, 2013 is found to be deficient in density, K.V., distillation recovery and sulphur. The result of the second report is almost the same as the sample tested on 29th May, 2013. Thus, th
(2020) 1 JLJR 206 : (2019) 11 JT 111 : (2020) 1 PLJR 250 : (2019) 14 SCALE 791

(926) UNION OF INDIA AND OTHERS Vs. V.R. NANUKUTTAN NAIR [SUPREME COURT OF INDIA] 07-11-2019
Navy (Pension) Regulations, 1964 - Regulations 78, 105B, 107 and 107(1) - Quantification of disability pension - Individual - The quantification of disability pension in the cases of an individual, who has not completed qualification service is dealt with in Regulation 107. Sub-clause (a) of Clause (1) of Regulation 107 deals with the situation where the individual has rendered sufficient service to qualify for a service pension i.e. 15 years of service in terms of Regulation 78.
(2019) AIRSC 5747 : (2020) AIRSCCivil 673 : (2020) 3 MLJ 437 : (2019) 14 SCALE 706 : (2019) 4 SCT 817 : (2020) 1 SLJ 69

(927) DAYARAM AND ANOTHER Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 07-11-2019
Penal Code, 1860 (IPC) - Sections 34, 302, 341, 323, 325 and 307 - Evidence Act, 1872 - Section 32(1) - Murder - Appeal against conviction and sentence - Dying declarations - Deceased clearly states the names of both the Appellants - Counsel for the Appellants contended that the second dying declaration, recorded by the Executive Magistrate did not contain the thumb impression of the deceased, and hence could not be relied upon - There is no reason why a dying declaration which is otherwise foun
(2020) 110 ACrC 685 : (2019) 204 AIC 44 : (2019) 4 AICLR 811 : (2019) AIRSC 5739 : (2020) 1 ApexCourtJudgments(SC) 315 : (2020) 1 CriCC 384 : (2020) CriLJ 893 : (2020) CriLJ 893 : (2020) 1 ECrC 95 : (2019) 4 JabLJ 569 : (2019) 11 JT 67 : (2019) 3 LSSC 119 : (2020) 1 PCCR 141 : (2019) 14 SCALE 783

(928) M/S. SHAF BROADCAST PVT. LTD. Vs. DOORDARSHAN - A CONSTITUENT OF PRASAR BHARTI AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2019
Arbitration and Conciliation Act, 1996 - Sections 11, 12 and 29A - Appointment of arbitrator - In the case of dispute arising upon or in relation to or in connection with the Contract between HB and the Entity, which has not been settled amicably, any Party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal consisting on 3 (three) arbitrators, one each to be appointed by HB and the Entity, the third
(2019) 6 ArbiLR 281 : (2019) 11 JT 109 : (2019) 14 SCALE 790 : (2019) 10 SCC 447

(929) M/S VIJAY TRADING AND TRANSPORT COMPANY Vs. CENTRAL WAREHOUSING CORPORATION [SUPREME COURT OF INDIA] 07-11-2019
Arbitration and Conciliation Act, 1996 - Section 34 - Application for setting aside arbitral award - Appellant was given a contract to assist in smooth running of international business of import and export and to have the time management on top priority. Failure to transport the container to the Port at Navi Mumbai resulted in missing of the export schedule. Taking into consideration the failure of the appellant to deliver the container at the Port at Navi Mumbai and the time taken in recovery
(2019) 6 ArbiLR 274 : (2019) 4 CgLJ 382 : (2019) 3 MPWN 96 : (2019) 14 Scale 715 : (2020) 3 SCC 147 : (2020) 3 SCC 147

(930) KALU ALIAS LAXMINARAYAN Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 07-11-2019
Penal Code, 1860 (IPC) - Sections 302, 306 and 498A - Evidence Act, 1872 - Section 106 - Criminal Procedure Code, 1973 (CrPC) - Sections 145, 161 and 313 - Murder of wife - Both the courts have unanimously held that the deceased did not commit suicide but that it was a homicidal death - In Trimukh Maroti Kirkan vs. State of Maharashtra, 2006 (10) SCC 681, this Court was considering a similar case of homicidal death in the confines of the house. The following observations are considered relevant
(2019) 3 ALTCrl 458 : (2019) 4 Crimes 194 : (2020) 129 CutLT 296 : (2019) 4 JabLJ 497 : (2020) 1 JLJR 12 : (2019) 11 JT 147 : (2020) 1 PLJR 217 : (2019) 16 SCALE 183 : (2019) 10 SCC 211

(931) MANOHARAN Vs. STATE BY INSPECTOR OF POLICE, VARIETY HALL POLICE STATION, COIMBATORE [SUPREME COURT OF INDIA] 07-11-2019
Criminal Procedure Code, 1973 (CrPC) - Section 164 - Recording of confessions and statements - Section 164 of the Code thus does not contemplate that a confession or statement should necessarily be made in the presence of the advocate(s), except, when such confessional statement is recorded with audio-video electronic means.
(2019) 3 ALTCrl 473 : (2019) 4 Crimes 177 : (2019) 11 JT 187 : (2020) 2 MLJCriminal 202 : (2019) 14 SCALE 800

(932) STATE OF UTTARAKHAND Vs. DARSHAN SINGH [SUPREME COURT OF INDIA] 07-11-2019
Since these appeals involve the same impugned judgment of the High Court acquitting the respondents of offences under Section 147, 148, 149 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC , for short) , we deem it fit to dispose of the same by a common judgment
(2020) 1 ALTCrl 164 : (2019) 4 Crimes 227 : (2020) 1 MLJCriminal 307 : (2019) 14 SCALE 822

(933) Hardev Singh Vs. Harpreet Kaur and Ors. [SUPREME COURT OF INDIA] 07-11-2019
By the impugned order passed Under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the High Court has recalled its earlier order dated 26.04.2010 giving protection to the Appellant and his wife (Respondent No. 1). The records reveal that the Appellant and Respondent No. 1 married each other on 17.4.2010 without the consent of their parents. It seems that the parents of Respondent No. 1 were creating problems for the couple and consequently, the latter made an application (Criminal
(2020) 1 AICLR 628 : (2020) AIRSC 37 : (2020) AIRSCCri 445 : (2020) 1 CriCC 9 : (2020) CriLJ 1279 : (2019) 3 DMC 876 : (2020) 1 JT 247 : (2019) 4 LawHeraldSC 3335 : (2020) 1 RCRCriminal 238 : (2019) 16 Scale 416

(934) JAIPRAKASH ASSOCIATES LTD AND ANOTHER Vs. IDBI BANK LTD. [SUPREME COURT OF INDIA] 06-11-2019
Insolvency and Bankruptcy Code, 2016 - Section 12(3) - Time limit for completion of Insolvency Resolution Process - Where the insolvency resolution process of a corporate debtor is pending and has not been completed within the period referred to in the second proviso, such resolution process shall be completed within a period of ninety days from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019
(2020) 1 BC 391 : (2019) 153 CLA 141 : (2019) 4 CurCC 153 : (2020) 3 MLJ 247 : (2019) 14 SCALE 740 : (2020) 3 SCC 328

(935) SATINDER SINGH BHASIN Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2019
Grant of Bail - Fraudulently selling properties - Petitioner has prayed for grant of bail in respect of FIRs mentioned therein registered at Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh and Police Station Economic Offences Wing and at Parliament Street, New Delhi and all other FIRs that have been lodged against the petitioner in the State of Uttar Pradesh and State of NCT of Delhi but are not within the knowledge of the petitioner and any other FIRs that come to the know
(2019) 4 Crimes 213 : (2019) 265 DLT 87 : (2019) 14 SCALE 665 : (2019) 10 SCC 800

(936) THE GOVERNMENT OF TAMIL NADU & ANR. ETC. ETC. Vs. ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL & ORS. ETC. ETC. [SUPREME COURT OF INDIA] 06-11-2019
Madras Forest Act, 1882 - Sections 6, 8 and 25 - Declaration of title - The significant proposals of the Respondent were that the title in respect of the Alagar Hills should be with that of the presiding deity of the Respondent-temple and that the income from the forest shall be shared equally by the Respondent-temple and the Forest Department. The Appellant did not accept the said proposals. After joint inspection by the Forest Department and the HR & CE Department, the Appellant was willing to
(2019) AIRSC 5713 : (2020) AIRSCCivil 680 : (2020) 138 ALR 226 : (2019) 4 CurCC 147 : (2020) 2 LW 343 : (2019) 8 MLJ 657 : (2019) 14 SCALE 751

(937) RAVINDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS AND OTHERS [SUPREME COURT OF INDIA] 06-11-2019
Uttar Pradesh Secondary Education Services Selection Board Act, 1982 - Sections 16 and 18 - Appointment of teachers - Whether the High Court was correct in its view that the Management of the Institution, did not adhere to the procedure prescribed under the First Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties) Order, 1981 to make appointment against a substantive vacancy.
(2019) 137 ALR 902 : (2019) 11 JT 98 : (2019) 14 SCALE 699 : (2019) 10 SCC 679 : (2020) 1 SLJ 104

(938) CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD. Vs. LAMBDA THERAPEUTIC RESEARCH LTD. AND OTHERS [SUPREME COURT OF INDIA] 06-11-2019
Recovery of additional lease premium - Claim of the appellant for an additional lease premium in the event of the respondent No.3 does not satisfy the construction was completed before the 31.12.2008, the appellant shall provide opportunity and pass fresh orders in that regard. If the appellant is satisfied that the construction is completed in terms of the extension granted and if it is found they are not liable for the levy of additional lease premium the amount of Rs. 3,50,00,000/­ (Rupees Th
(2020) 2 ALLMR 474 : (2019) 4 CurCC 133 : (2019) 11 JT 259 : (2019) 14 SCALE 692

(939) UNION OF INDIA AND OTHERS Vs. SEPOY PRAVAT KUMAR BEHURIA [SUPREME COURT OF INDIA] 06-11-2019
Penal Code, 1860 (IPC) - Section 326 - Summary Court Martial proceedings - Causing grievous hurt to Subedar/Master Technical - Acquittal - Appeal against - It is trite law that judgments of acquittal should not be disturbed unless there are substantial or compelling reasons. The substantial or compelling reasons to discard a judgment of acquittal were examined by this Court in Ghurey Lal vs. State of Uttar Pradesh, (2008) 10 SCC 450
(2019) AIRSC 5648 : (2020) AIRSCCivil 686 : (2019) 4 Crimes 246 : (2019) 14 SCALE 687 : (2019) 10 SCC 220 : (2019) 2 SCCLS 815

(940) JAVED ABDUL RAJJAQ SHAIKH Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 06-11-2019
Penal Code, 1860 - Sections 201, 302, 34, 436, 498A - Murder of wife - Deposition of medical officer unerringly point to the death being caused by throttling as opined by the doctor - The two doctors in the provisional death certificate that they have done the post mortem on the body of "S", 20 years of age on 10.3.2005 and the probable cause of death seems to be acute cardio respiratory arrest secondary to acute asphyxia, secondary to throttling - Certificate is dated 10.03.2005. There is the d
(2019) AIRSC 5721 : (2020) ALLMRCri 479 : (2020) 1 BomCR(Cri) 657 : (2020) CriLJ 925 : (2020) CriLJ 925 : (2019) 4 Crimes 198 : (2019) 11 JT 210 : (2020) 1 MLJCriminal 186 : (2019) 14 SCALE 765 : (2019) 10 SCC 778