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Latest Cases

(941) ANUJ SINGH @ RAMANUJ SINGH @SETH SINGH Vs. THE STATE OF BIHAR [SUPREME COURT OF INDIA] 22-04-2022
Penal Code, 1860 (IPC) - Section 324 - Arms Act, 1959 - Section 27 - Voluntarily causing hurt by dangerous weapons - Conviction and sentence - When a person commits an offence of voluntarily causing hurt by dangerous weapons and means under Section 324 of Indian Penal Code, then such person shall be punished with imprisonment for a period of three years, or with fine - Charge of Section 324 IPC stands established against the two appellants - Once the charge against the appellants under Section 3
India Law Library Docid # 1601459

(942) IMRAN Vs. MR. MOHAMMED BHAVA AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2022
Penal Code, 1860 (IPC) - Sections 143, 147, 148, 341, 307, 302 and 395 - Murder - Cancellation of bail - While considering cancellation of bail already granted by a lower court, would indeed require significant scrutiny at the instance of superior court, however, bail when granted can always be revoked if the relevant material on record, gravity of the offence or its societal impact have not been considered by the lower court
India Law Library Docid # 1601460

(943) JAFARUDHEEN AND OTHERS Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 22-04-2022
Criminal Procedure Code, 1973 - Sections 159 and 161 - Penal Code, 1860 (IPC) - Sections 120-B, 143, 147, 148, 427, 460, 302 read with 149 - Explosive Substances Act, 1908 - Sections 3 and 5 - Murder - Delay in sending First Information Report to Jurisdictional Magistrate and Delay in Recording the Statement - First information report in a criminal case starts the process of investigation by letting the criminal law into motion. It is certainly a vital and valuable aspect of evidence to corrobor
India Law Library Docid # 1601461

(944) THE STATE OF UTTAR PRADESH AND OTHERS ETC. Vs. UDAY EDUCATION AND WELFARE TRUST AND ANOTHER ETC. [SUPREME COURT OF INDIA] 22-04-2022
Environmental law - Tribunal directed the State to not proceed with the proposal for establishment of new wood-based industries till an assessment of the actual availability of timber was done - Not convinced that the judgment of the Tribunal needs to be stayed - In agreement with the Tribunal that data has to be collected by the State before permitting new wood-based industries - Of course, this view is subject to a decision to be taken after hearing the parties in detail at a later stage. The
India Law Library Docid # 1601462

(945) THE STATE OF MAHARASHTRA Vs. 63 MOONS TECHNOLOGIES LTD. [SUPREME COURT OF INDIA] 22-04-2022
Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 - Section 2(c) - Deposit - If the financial establishment is obligated to return the deposit without any increments, it shall still fall within the purview of Section 2(c) of the MPID Act, provided that the deposit does not fall within any of the exceptions - Statutory definition of the expression "deposit" comprises of the following ingredients:
India Law Library Docid # 1601456

(946) HARSHIT FOUNDATION SEHMALPUR JALALPUR JAUNPUR Vs. COMMISSIONER OF INCOME TAX FAIZABAD [SUPREME COURT OF INDIA] 22-04-2022
Income Tax Act, 1961 - Section 12AA - Registration - Whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act, 1961 (for short 'the Act') within a period of six months, there shall be deemed registration or not - Held, After considering in detail the provisions of Section 12AA (2) of the Act and having found that there is no specific provision in the Act by which it provides that on non-deciding the registration application under Section 12AA (2) with
India Law Library Docid # 1601708

(947) WIDESCREEN HOLDINGS PRIVATE LIMITED AND ANOTHER ETC. Vs. RELIGARE FINVEST LIMITED AND ANOTHER ETC [SUPREME COURT OF INDIA] 22-04-2022
Considering the fact that even the loan agreement which contains the arbitration clause which was sought to be impounded is not produced before any Tribunal and/or Court and till then, there is no question of impounding any document, the High Court is justified in passing the impugned order.
India Law Library Docid # 1841173

(948) DEVENDER SINGH AND OTHERS Vs. THE STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 21-04-2022
Evidence Act, 1872 - Section 113B - Penal Code, 1860 (IPC) - Section 498A, 304B and 120B - Dowry death - Presumption - Section 304B IPC read along with Section 113B of the Indian Evidence Act, 1872 makes it clear that once the prosecution has succeeded in demonstrating that a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry soon after her death, a presumption shall be drawn against the said persons that they have caused dowry death as contemplated
India Law Library Docid # 1601448

(949) MANISH GUPTA AND ANOTHER ETC. ETC. Vs. PRESIDENT, JAN BHAGIDARI SAMITI AND OTHERS. ETC. ETC. [SUPREME COURT OF INDIA] 21-04-2022
Service Law - Ad hoc employee - An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed.
India Law Library Docid # 1601449

(950) M/S INDIAN OIL CORPORATION LTD. Vs. SHRI RAJENDRA D. HARMALKAR [SUPREME COURT OF INDIA] 21-04-2022
Service Law - Dismissal - Employee had secured his job as Re­fueling Helper by submitting a false and forged Secondary School Leaving Certificate - Unless and until it is found that the punishment imposed by the Disciplinary Authority is shockingly disproportionate and/or there is procedural irregularity in conducting the inquiry, the High Court would not be justified in interfering with the order of punishment.
India Law Library Docid # 1601450

(951) VISHRAM VARU AND COMPANY Vs. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTH EASTERN RAILWAY, KOLKATA [SUPREME COURT OF INDIA] 21-04-2022
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of an arbitrator - Merely because for the claim/alleged dues of 1985/1986, the legal notice calling upon the respondent to pay the amount due and payable or to refer the dispute to the arbitrator is made after a period of approximately thirty-two years, the appellant cannot be permitted to say that the cause of action to file the application under Section 11(6) of the 1996 Act had accrued in the year 2018/2019 - High Court has
India Law Library Docid # 1601451

(952) DR. JACOB THUDIPARA Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 21-04-2022
Service Law - Teacher is entitled to get the benefits of enhanced age of superannuation of 65 years at par with his counterpart teachers serving in Government Colleges and Universities - Teacher shall be entitled to all consequential and monetary benefits including the arrears of salaries and allowances for the intervening period, as if he would have been retired at the age of 65 years.
India Law Library Docid # 1601452

(953) DALPAT SINGH NARUKA AND ANOTHER Vs. KARUNA BANSAL AND OTHERS [SUPREME COURT OF INDIA] 21-04-2022
Arbitration and Conciliation Act, 1996 - Sections 9 and 37 - Interim measures - Passing impugned orders, the High Court has acted in excess of the limited jurisdiction vested in it under Section 37 of the 1996 Act - Scope of the appeal preferred by the respondents under Section 37 of the 1996 Act ought to be confined to examining the merits of the order passed by the Commercial Court that has refused to grant any interim measures in favour of the respondents on the application moved by them unde
India Law Library Docid # 1601610

(954) BAR COUNCIL OF INDIA Vs. TWINKLE RAHUL MANGAONKAR AND OTHERS [SUPREME COURT OF INDIA] 21-04-2022
The Bar Council of India (BCI) has filed the status report dated 11.04.2022 and we have the benefit of the additional note filed by Mr. K.V. Viswanathan, learned Amicus Curiae. Taking into consideration the order passed on 15.03.2022 which has resulted in the aforesaid being filed, we consider it appropriate to take the matter forward in the following terms :
India Law Library Docid # 1601702

(955) q Vs. THE ENGINEER IN CHIEF MILITARY ENGINEERING SERVICE AND OTHERS [SUPREME COURT OF INDIA] 21-04-2022
Arbitration and Conciliation Act, 2015 - Section 11(6) - If the applications under Section 11(6) of the Arbitration Act, 1996 are kept pending for a long period and even the appointment of arbitrators are not made at the earliest, it will defeat the object and purpose of the Arbitration Act - Even as per the proposed amendment in the year 2019, of course, it has not come into force. All endeavors shall be made by the courts to decide and dispose of the applications for appointment of arbitrator
India Law Library Docid # 1819060

(956) ABU SALEM ABDUL KAYYUM ANSARI Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 21-04-2022
On 02.2.2022 learned counsel for the appellant had made a four fold submission as recorded in that Order. The first submission arose out of a plea that the judiciary should also honor the solemn sovereign assurance given by the State to the Court in Portugal while seeking extradition of the appellant (on 17.12.2002 and 25.5.2003). The plea thus was that the imprisonment term cannot extend beyond 25 years as per the assurance given even though the TADA Courts said it was not bound by the assuranc
India Law Library Docid # 1819039

(957) ANIL KUMAR UPADHYAY Vs. THE DIRECTOR GENERAL, SSB AND OTHERS [SUPREME COURT OF INDIA] 20-04-2022
Service Law - Disciplinary proceedings - Question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority and the jurisdiction of the High Courts under Article 226 of the Constitution or of the Administrative Tribunals is limited and is confined to the applicability of one or other of the well-known principles known as 'Wednesbury principles'.
India Law Library Docid # 1601440

(958) THE STATE OF WEST BENGAL AND OTHERS Vs. GITASHREE DUTTA (DEY) [SUPREME COURT OF INDIA] 20-04-2022
This appeal is directed against the judgment dated 06.03.2019 in M.A.T No.1341 of 2018 whereby the Division Bench of the High Court of Calcutta has allowed the appeal and set aside the order of the learned Single Judge in Writ Petition No. 661(W) of 2017. The question for consideration in this appeal is whether the State of West Bengal was justified in cancelling the declaration of FPS (Fair Price Shop) vacancies in view of the implementation of National Food Security Act, 2013 (for short ‘2013
India Law Library Docid # 1601760

(959) U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER Vs. RAM SINGH (D) TH. LRS. AND OTHERS [SUPREME COURT OF INDIA] 20-04-2022
Land Acquisition Act, 1894 - Section 9 - A notice under section 9 is to be followed by enquiry under Section 10 and award under Section 11 certainly cannot be confused with notice which merely notifies the owner about the date fixed for passing the award.
India Law Library Docid # 1601483

(960) RAMVEER UPADHYAY AND ANOTHER Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 365 read with Section 511 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 - Section 3(1)(Dha) - Quashing of Criminal Proceedings - Complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings - It is a well established proposition of law that a criminal prosecution, if otherwise justified and based upon adequate evid
India Law Library Docid # 1601453

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