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Latest Cases

(941) V. KRISHNAN Vs. UNION OF INDIA & ORS.[SUPREME COURT OF INDIA] 31-07-2020
Prevention of Corruption Act, 1988 - Sections 13(2), 13(1)(c) and 13(1)(d) - Constitution of India, 1950 - Article 32 - Penal Code, 1860 (IPC) - Sections 409, 420 and 477A - Conviction - Order of sanction - The conviction of the petitioner has attained finality - He is serving the sentence - Material which is sought to be relied upon on in these proceedings under Article 32 was admittedly the subject matter of the earlier proceedings which resulted in an order of this court dated 17 December 201
(2020) 3 RCRCriminal 222

(942) RAVINDER KAUR GREWAL AND OTHERS Vs. MANJIT KAUR AND OTHERS [SUPREME COURT OF INDIA] 31-07-2020
Civil Procedure Code, 1908 (CPC) - Section 100 - Registration Act, 1908 - Section 17(2)(v) - Ownership rights - Memorandum of settlement - A family settlement was arrived at in 1970 and also acted upon by the concerned parties - That finding of fact recorded by the first appellate Court being unexceptionable, it must follow that the document was merely a memorandum of a family settlement so arrived at - Resultantly, it was not required to be registered and in any case, keeping in mind the settle
(2020) AIRSC 3799 : (2020) 142 ALR 737 : (2020) 5 ALT 101 : (2020) 5 AndhLD 114 : (2020) 6 CTC 85 : (2020) 130 CutLT 228 : (2020) 3 JLJR 337 : (2020) 7 JT 519 : (2020) 4 KCCR 3157 : (2020) 3 LawHeraldSC 2534 : (2020) 6 MLJ 500 : (2020) 2 OriLawRev 311 : (2020) 3 PLJR 287 : (2020) 3 RCRCivil 393 : (2020) 9 SCALE 219 : (2020) 9 SCC 706

(943) SUKH SAGAR MEDICAL COLLEGE AND HOSPITAL Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 31-07-2020
Indian Medical Council Act, 1956 - Sections 10A and 11 - General Clauses Act, 1897 - Section 21 - Gross deficiency by Medical college - Revocation of Essentiality Certificate - Power of State Government - Section 21 of the 1897 Act cannot be invoked and in absence of an express provision in the IMC Act or the 1999 Regulations empowering the State Government to revoke or cancel the Essentiality Certificate, such a power cannot be arrogated by the State relying on Section 21 - That, however, does

(944) PREM CHAND Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 30-07-2020
Prevention of Food Adulteration Act, 1954 - Section 2(1a)(f) and 16(1) - Sale of adulterated Haldi Powder and too without licence - Acquittal - Report of the public analyst does not mention that the sample was either "insect infested" or was "unfit for human consumption", in the absence of such an opinion, the prosecution has failed to establish the requirements of Section 2 (1a)(f) of the Act - Appeal allowed.
(2020) 113 ACrC 299 : (2020) AIRSC 4304 : (2020) CriLJ 4868 : (2020) CriLR 859 : (2020) 2 Crimes 356 : (2020) 8 JT 504 : (2020) 3 LawHeraldSC 2106 : (2020) 4 RLW 2917 : (2020) 9 SCALE 217 : (2020) 8 SCC 677 : (2020) 2 UC 1273

(945) B.B.M ENTERPRISES Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 30-07-2020
Arbitration and Conciliation Act, 1996 - Section 34 - Application for setting aside arbitral award - Award was assailable on the basis of unamended provisions of Section 34 of the Arbitration and Conciliation Act, the Court would expect that there would be some discussion on the merits of the objection on the award and not a mechanical affirmation of the award by simply stating that the award does not come within any of the grounds of challenge enumerated in Section 34 of the Act - Trial Judge d
(2020) 4 ArbiLR 52 : (2020) 9 SCALE 629 : (2020) 9 SCC 448

(946) SATYABRAT GUPTA Vs. THE STATE OF JHARKHAND[SUPREME COURT OF INDIA] 29-07-2020
Prevention of Corruption Act, 1988 - If sanction to prosecute the petitioner for offence punishable under Prevention of Corruption Act, 1988 is not or has not been granted, the question of proceeding against the petitioner for that charge does not arise. This aspect be borne in mind by the Trial Court while proceeding with the trial against the petitioner.
(2020) 4 KHC 372 : (2020) 3 RCRCriminal 217

(947) SHREE CHOUDHARY TRANSPORT COMPANY Vs. INCOME TAX OFFICER [SUPREME COURT OF INDIA] 29-07-2020
Income Tax Act, 1961 - Section 194C - Tax Deduction at Source - Applicability of Section 194C - Question of TDS under Section 194C(2) would have arisen only if the payment was made to a "sub-contractor" and that too, in pursuance of a contract for the purpose of "carrying whole or any part of work undertaken by the contractor" - Held, Learned counsel for the appellant has made an attempt to distinguish the nature of contract in Palam Gas Service vs. Commissioner of Income-Tax, (2017) 394 ITR 30
(2020) AIRSC 4003 : (2020) 315 CurTR 849 : (2020) 426 ITR 289 : (2020) 7 JT 536 : (2020) 9 SCALE 235 : (2020) 272 TAXMAN 472

(948) DR. ASWATHY R.S. KARTHIKA AND OTHERS Vs. DR. ARCHANA M. AND OTHERS [SUPREME COURT OF INDIA] 29-07-2020
Service Law - Appointment - Post of Medical Officer (Homeo) - 1% reservation was provided to the Hindu Nadar Community - Circular of the Commission could not adversely affect the claim of the appellants - Commission was bound to fill up the shortfall in the vacancies reserved for the Hindu Nadar Community.
(2020) AIRSC 3840 : (2020) 2 ESC 350 : (2020) 4 KerLJ 98 : (2020) 4 KHC 321 : (2020) LIC 3520 : (2020) 9 SCALE 113 : (2020) 8 SCC 98 : (2020) 3 SCT 186

(949) UNION OF INDIA AND OTHERS Vs. LT. COL. S. S. BEDI [SUPREME COURT OF INDIA] 29-07-2020
Army Act, 1950 - Section 71 and 71(h) - General Court Martial - Cashiering from service - Pensionary benefits - If the penalty imposed by the Court Martial of cashiering from service is upheld, forfeiture of all the pensionary benefits of the Appellant is not automatic - No order as contemplated in Section 71 (h) of the Army Act, 1950 forfeiting his pension has been directed by the General Court Martial - Punishment that may be inflicted in respect of offences committed by persons under the Army
(2020) 113 ACrC 692 : (2020) 8 ADJ 64 : (2020) AIRSC 3696 : (2020) 3 ApexCourtJudgments(SC) 309 : (2020) CriLR 856 : (2020) 2 Crimes 358 : (2021) 1 JCC 602 : (2020) 8 JT 526 : (2020) 3 RCRCriminal 214 : (2020) 8 SCALE 796 : (2020) 8 SCC 700 : (2020) 3 SCCCri 910

(950) VED PRAKASH GOEL @ VED GOEL AND ANOTHER Vs. S.D. SINGH AND ANOTHER [SUPREME COURT OF INDIA] 29-07-2020
Motor Vehicles Act, 1988 - Section 166 - Motor accident - Compensation - Increase of multiplier - In the age group of 15- 25 years, the multiplier has to be '18' along with factoring in the extent of disability.
(2020) 3 DNJ 895

(951) PARMINDER KAUR @ P.P. KAUR @ SONI Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 28-07-2020
Penal Code, 1860 (IPC) - Sections 366A and 506 - Criminal Procedure Code, 1973 (CrPC) - Sections 313 - Illicit intercourse - Appellant called the prosecutrix to her house and tried to entice her to indulge in illicit intercourse with the rich tenant boy in return for clothes and trips from him - Appeal against conviction and sentence - Important links of the story, including what happened in the crucial five minutes when the girl was locked inside the room or how the male tenant reacted, are mis
(2020) 113 ACrC 300 : (2020) AIRSC 3815 : (2020) 3 ALTCrl 168 : (2020) 2 AndhLDCriminal 417 : (2020) 2 Crimes 361 : (2020) 130 CutLT 322 : (2021) 1 JCC 521 : (2020) 4 JKJ 495 : (2020) 8 JT 506 : (2020) 3 MLJCriminal 609 : (2020) 3 RCRCriminal 225 : (2020) 9 SCALE 121 : (2020) 8 SCC 811 : (2020) 3 SCCCri 914 : (2020) 2 UC 1160

(952) SHAILENDRA SWARUP Vs. THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 27-07-2020
Foreign Exchange Regulation Act, 1973 - Sections 8(3), 8(4) and 68 - Restrictions on dealing in foreign exchange - Erroneously imposition of penalty - Non submission of the Exchange Control copy of the custom bills of Entry/Postal Wrappers as evidence of import of goods into India - High Court dismissed the appeal of the appellant holding that reply dated 29.10.2003 of the appellant taking the plea that he was only a part-time Director was only an afterthought - The High Court further held that
(2020) AIRSC 3890 : (2020) 3 ALTCrl 78 : (2020) 3 BomCR(Cri) 88 : (2020) 159 CLA 12 : (2020) 221 CompCas 758 : (2020) 2 Crimes 369 : (2020) 373 ELT 433 : (2020) 7 JT 486 : (2020) 3 MLJCriminal 721 : (2020) 3 RCRCriminal 138 : (2020) 3 RCRCriminal 138 : (2020) 8 SCALE 717 : (2020) 16 SCC 561 : (2020) 161 SCL 1

(953) SHAILENDRA SWARUP Vs. THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 27-07-2020
Foreign Exchange Regulation Act, 1973 - Sections 8(3), 8(4) and 68 - Restrictions on dealing in foreign exchange - Erroneously imposition of penalty - Non submission of the Exchange Control copy of the custom bills of Entry/Postal Wrappers as evidence of import of goods into India - High Court dismissed the appeal of the appellant holding that reply dated 29.10.2003 of the appellant taking the plea that he was only a part-time Director was only an afterthought - The High Court further held that
(2020) AIRSC 3890 : (2020) 3 ALTCrl 78 : (2020) 3 BomCR(Cri) 88 : (2020) 159 CLA 12 : (2020) 221 CompCas 758 : (2020) 2 Crimes 369 : (2020) 373 ELT 433 : (2020) 7 JT 486 : (2020) 3 MLJCriminal 721 : (2020) 3 RCRCriminal 138 : (2020) 3 RCRCriminal 138 : (2020) 8 SCALE 717 : (2020) 16 SCC 561 : (2020) 161 SCL 1

(954) ERUDHAYA PRIYA Vs. STATE EXPRESS TRANSPORT CORPORATION LIMITED [SUPREME COURT OF INDIA] 27-07-2020
Motor Vehicles Act, 1988 - Section 166 - Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 - Rule 3(1) - Accident - Compensation - Enhancement of - High Court, confirming the findings of negligence of the bus driver, reduced the compensation to Rs. 25,00,000/- primarily on the ground that the multiplier method for quantifying loss of earning power has been wrongly applied as it had not come on record as to how the injuries suffered by the appellant would have a bearing on her earnin
(2020) ACJ 2159 : (2020) AIRSC 4284 : (2020) AllSCR 1616 : (2020) 142 ALR 753 : (2020) 3 ApexCourtJudgments(SC) 560 : (2020) 3 DNJ 1189 : (2020) 8 JT 531 : (2020) 4 KLT 730 : (2020) 199 PLR 429 : (2020) 3 RCRCivil 374 : (2020) 4 RLW 2740 : (2020) 9 SCALE 213

(955) R. PALANISAMY AND OTHERS Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS AND OTHERS [SUPREME COURT OF INDIA] 24-07-2020
Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Section 68 - Qualification for promotion to the post of Junior Bailiff - High Court rejected the claim on the ground that the previous judgment of the Court dated 22.7.2009 in the batch of cases is no longer of any relevance, after the coming into force of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and that the date on which the vacancies arose cannot determine the Rule applicable for recruitment by promoti
(2020) 5 ALT 71 : (2020) 2 ESC 487 : (2020) 8 SCALE 697 : (2020) 8 SCC 670 : (2020) 3 SCT 118 : (2020) 3 SLJ 141

(956) SUNIL RATHEE AND OTHERS Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020
Constitution of India, 1950 - Article 139A - Jurisdiction to direct transfer or withdrawal of a case pending in a High Court - Substantial questions of general importance - Provision of Article 139A of the Constitution relating to withdrawal of a case from a High Court to this Court on the ground of pendency before this Court of a case involving same or similar questions of law contemplates fulfilment of two conditions. First, in the case pending before this Court, the questions of law involved
(2020) 5 ALT 97 : (2020) 3 DNJ 880 : (2020) 7 JT 348 : (2020) 8 SCALE 692 : (2020) 3 SLJ 167

(957) UNION OF INDIA AND ANOTHER Vs. N K SRIVASTA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2020
Consumer Protection Act, 1986 - Medical Negligence - Death of New born Child - Baby was not placed in a Nursery ICU, but was initially admitted to the General Ward and thereafter to a General ICU - Compensation - Appeal against - NCDRC reversed the finding on maintainability which was in favour of Safdarjung Hospital in a revision by Sarvodaya Hospital - It attempted to do "complete justice", ignoring that it is not entrusted with the jurisdiction which is exclusively conferred on this Court und
(2020) 143 ALR 251 : (2020) 5 AndhLD 189 : (2020) 2 CPJ 92 : (2020) 2 CPJ 92 : (2020) 130 CutLT 250 : (2020) 4 KerLJ 1 : (2020) 4 KHC 373 : (2020) 4 RCRCivil 618 : (2020) 9 SCALE 208

(958) SHIV RAJ GUPTA Vs. COMMISSIONER OF INCOME-TAX, DELHI-IV [SUPREME COURT OF INDIA] 22-07-2020
Income Tax Act, 1961 - Section 28(ii)(a) - Compensation for termination of management of CDBL - Non-competition fee by executing deed of covenant - Payment received as non-competition fee under a negative covenant was always treated as a capital receipt till Assessment Year 2003-2004. It is only vide the Finance Act, 2002 with effect from 1-4-2003 that the said capital receipt is now made taxable [see Section 28(v-a)]. The Finance Act, 2002 itself indicates that during the relevant assessment ye
(2020) AIRSC 3556 : (2020) 3 BomCR(Cri) 111 : (2020) 315 CurTR 601 : (2020) 425 ITR 420 : (2020) 7 JT 353 : (2020) 6 MLJ 94 : (2020) 9 SCALE 144 : (2020) 272 TAXMAN 391

(959) DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI AND ANOTHER Vs. M/S SAMSUNG HEAVY INDUSTRIES CO. LIMITED [SUPREME COURT OF INDIA] 22-07-2020
Double Taxation Avoidance Agreement between India and Korea - Article 5(1) - No permanent establishment has been set up within the meaning of Article 5(1) of the DTAA, as the Mumbai Project Office cannot be said to be a fixed place of business through which the core business of the Assessee was wholly or partly carried on.
(2020) AIRSC 3906 : (2020) 315 CurTR 622 : (2020) 426 ITR 1 : (2020) 7 JT 369 : (2020) 6 MLJ 81 : (2020) 8 SCALE 704 : (2020) 7 SCC 347 : (2020) 272 TAXMAN 377

(960) MOHAMMED YOUSUFF @ MOULA AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 22-07-2020
Penal Code, 1860 (IPC) - Sections 366, 343, 323, 506, 114 and 34 - Abduction of 15 year girl for marriage - Conviction and sentence - Appeal against - Accused had intentionally kidnapped Victim to perform the marriage - Victim was pushed by the accused persons and was made to forcibly board the autorickshaw - Victim also stated that she was forcibly confined in house of the sister of accused no.1, with legs tied, beyond three days - During this entire ordeal, the victim was under constant threat
(2021) 2 SCALE 1