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Latest Cases

(941) MOHAN CHANDRA TAMTA (DEAD) THR. LRS. Vs. ALI AHMAD (D) THR LRS AND OTHERS [SUPREME COURT OF INDIA] 12-09-2019
Suit for recovery of possession - The defendant nos. 1 and 2 contested the suit and denied the ownership of the plaintiff on the suit property - An important aspect of the matter is that defendant nos. 1 and 2 only claimed to be the tenants in the property - They did not claim any ownership rights - It is true that according to them, it was defendant no.3, who was the mortgagee of the property but the trial court in the presence of the owner after contest decreed the suit in favour of the plaint
(2019) 3 LawHeraldSC 2622 : (2019) 2 RCRRent 443 : (2019) 12 SCALE 257 : (2019) 9 SCC 471

(942) THE STATE OF RAJASTHAN AND OTHERS Vs. TRILOK RAM [SUPREME COURT OF INDIA] 12-09-2019
Rajasthan Panchayati Raj Rules, 1996 - Rule 266(3) - Service Law - Recruitment - Teachers Grade III (Level I and II) in the various Zila Parishads in the State of Rajasthan - Respondent was undergoing the B.S.T.C. Course (B.S.T.C. is an essential qualification stipulated) - He, however, applied - The appellant discovered during the process of verification that the respondent was not holding the requisite qualification of B.S.T.C. as on the last date for submission of application form - The contr
(2019) 5 ALT 337 : (2019) 9 JT 352 : (2019) 12 SCALE 260

(943) BHAVYANATH REPRESENTED BY POWER OF ATTORNEY HOLDER Vs. K.V. BALAN (DEAD) THROUGH LRS. [SUPREME COURT OF INDIA] 12-09-2019
The appeal by Special Leave is directed against the judgment passed by the High Court of Kerala at Ernakulam dated 08.10.2015 in RFA No. 869 of 2013. The appellant is the plaintiff in a suit for specific performance which has been decreed by the trial Court but on appeal by the defendant dismissed by the impugned judgment of the High Court. For the sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the trial Court
(2019) 3 LawHeraldSC 2432 : (2019) 5 RCRCivil 943 : (2019) 12 SCALE 270

(944) GENERAL MANAGER, ELECTRICAL RENGALI HYDRO ELECTRIC PROJECT, ORISSA AND OTHERS Vs. SRI GIRIDHARI SAHU AND OTHERS [SUPREME COURT OF INDIA] 12-09-2019
This appeal by special leave is directed against judgment of the High Court of Orissa dismissing the Writ Application filed under Articles 226 and 227 of the Constitution of India by the appellant. What was called in question before the High Court was the Award passed by the Labour Court, Bhubaneswar
(2019) 4 LLJ 313 : (2019) 12 SCALE 285 : (2019) 10 SCC 695 : (2019) 4 SCT 616

(945) SERIOUS FRAUD INVESTIGATION OFFICE Vs. NITTIN JOHARI AND OTHERS [SUPREME COURT OF INDIA] 12-09-2019
The case of the prosecution primarily hinges on the commission of fraud punishable under Section 447 of the Companies Act, 2013 (for short "the Companies Act"), though several other offences under the Companies Act and the Indian Penal Code, 1860 have also been alleged. Briefly put, it is alleged that from FY 2009-10 to FY 2016-17, Brij Bhushan Singal and Neeraj Singal, promoters of Bhushan Steel Ltd. (for short "BSL"), assisted by employees and close associates, used a complex web of 157 compan
(2019) 3 ACR 2723 : (2019) 109 ACrC 979 : (2019) AIR(SCW) 4380 : (2019) AIRSC 4380 : (2019) 3 AllCrlRulings 2723 : (2019) 153 CLA 179 : (2019) 4 CompLJ 193 : (2019) 4 CriCC 816 : (2020) CriLJ 290 : (2019) 4 Crimes 115 : (2019) 3 Crimes 325 : (2019) 12 SCALE 316 : (2019) 9 SCC 165 : (2019) 3 SCCCri 706 : (2019) 156 SCL 500 : (2019) 8 SLT 345

(946) M/S. SHREE VISHAL PRINTERS LTD., JAIPUR Vs. REGIONAL PROVIDENT FUND COMMISSIONER, JAIPUR AND ANOTHER [SUPREME COURT OF INDIA] 12-09-2019
The three appeals filed before us are by three limited companies (two separate legal entities and one, an establishment of the parent company), though the question of their exemption has been dealt with by a common order of the Regional Provident Fund Commissioner, Rajasthan (for short 'RPFC'). This is so, as all the three establishments are sought to be denied exemption on the ground that they are effectively part of the same parent establishment, being M/s. Bennett, Coleman & Company Limited (
(2019) 6 ALT 20 : (2019) 163 FLR 516 : (2019) LabLR 1323 : (2019) 4 LLJ 1 : (2019) 12 SCALE 323 : (2019) 9 SCC 508 : (2019) 2 SCCLS 615 : (2019) 4 SCT 401

(947) RAI BAHADUR NARAIN SINGH SUGAR MILLS LTD. Vs. MANGEY RAM [SUPREME COURT OF INDIA] 12-09-2019
The Appellant-Sugar Mills is before us assailing the Order dated 06.08.2011 passed by the Labour Court in Misc. Case No.42 of 2011 while taking note of a petition filed by the respondent under Section 33-C(2) of the Industrial Disputes Act
(2019) 9 SCC 365 : (2019) 4 SCT 462

(948) PRABHASH KUMAR SINGH Vs. STATE OF BIHAR (NOW JHARKHAND) [SUPREME COURT OF INDIA] 12-09-2019
Both the appellants were tried and convicted for committing murder of one Ashok Rewani (the deceased victim) on 22nd January, 1993. The Trial Court convicted the surviving appellant under Section 302 of the Indian Penal Code, 1860 (the Code) and sentenced to undergo imprisonment for life. We shall henceforth refer to him as the appellant only in this order. Conviction of the deceased appellant was under Section 302/109 of the Code and he was also ordered to undergo the same sentence
(2019) 4 CriCC 659 : (2019) 4 RCRCriminal 502 : (2019) 9 SCC 262 : (2019) 3 SCCCri 847

(949) RAJA RAM Vs. JAI PRAKASH SINGH AND OTHERS [SUPREME COURT OF INDIA] 11-09-2019
Contract Act, 1872 - Section 14 - Free consent - 'Undue Influence' can't be inferred merely because family member was taking care of elderly Person - The primary ingredients of the law need to be first established by proper pleading supported by relevant evidence - Cases cannot be decided on assumptions or presumptions - The conduct in looking after the deceased and his wife in old age may have influenced the thinking of the deceased - But that per se cannot lead to the only irresistible conclu
(2019) 6 AIRBomR 545 : (2019) AIRSC 4374 : (2019) 6 AllWC 5500 : (2019) 6 AndhLD 101 : (2019) 4 CivCC 695 : (2019) 4 JLJR 233 : (2019) 9 JT 143 : (2019) 7 MLJ 495 : (2019) 4 PLJR 259 : (2019) 5 RCRCivil 819 : (2019) 12 SCALE 198 : (2019) 8 SCC 701

(950) M/S. GOEL GANGA DEVELOPERS INDIA PRIVATE LIMITED Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS AND OTHERS [SUPREME COURT OF INDIA] 11-09-2019
Whether non-consideration of a judgment delivered by a three­Judge Bench in Re : Construction of Park at Noida Near Okhla Bird Sanctuary, (2011) 1 SCC 744 has led to wrong conclusions by this Court with regard to the interpretation of built up area in terms of Item No. 8 of the Schedule of the Environment Impact Assessment (EIA) Notification dated 14.09.2006 - The main dispute in the NOIDA Park case was whether the project was a building and construction project or a township and area developmen
(2019) 12 SCALE 195 : (2019) 9 SCC 288

(951) SURINDER KAUR (D) THR. LR. JASINDERJIT SINGH (D) THR. LRS. Vs. BAHADUR SINGH (D) THR. LRS. [SUPREME COURT OF INDIA] 11-09-2019
Specific Relief Act, 1963 - Section 16(c) and 20 - Discretion as to decreeing specific performance - Whether a vendee who does not perform one of his promises in a contract can obtain the discretionary relief of specific performance of that very contract - A perusal of Section 20 of The Specific Relief Act clearly indicates that the relief of specific performance is discretionary - Merely because the plaintiff is legally right, the Court is not bound to grant him the relief - True it is, that th
(2019) AIRSC 4194 : (2019) 6 AllWC 5124 : (2020) 1 AndhLD 39 : (2019) 4 CivCC 546 : (2019) 4 JabLJ 78 : (2019) 3 LawHeraldSC 2397 : (2020) 2 LW 449 : (2019) 7 MLJ 334 : (2019) 4 RCRCivil 352 : (2019) 12 SCALE 190 : (2019) 8 SCC 575 : (2019) 5 WBLR 637

(952) BAJARANG SHYAMSUNDER AGARWAL Vs. CENTRAL BANK OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 11-09-2019
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13, 13(2), 13(4), 13(13), 14 and 15 - Transfer of Property Act, 1882 - Section 65­A - Right of the mortgagor to lease the property - A tenant who had entered into an oral agreement, such tenancy impliedly does not carry any covenant for renewal, as provided under Section 65­A of T.P. Act. Therefore, in any case, Section 13 (13) SARFAESI Act bars entering into such tenancy beyond Januar
(2020) 1 AIRBomR 297 : (2019) AIRSC 5017 : (2020) AIRSCCivil 468 : (2019) 3 AllCrlRulings 2729 : (2020) ALLMRCri 580 : (2020) 1 AndhLD 13 : (2019) 4 BC 1 : (2019) 4 BomCR(Cri) 732 : (2019) 152 CLA 298 : (2019) 4 KLT 143 : (2019) 5 RCRCivil 885 : (2019) 12 SCALE 230 : (2019) 9 SCC 94 : (2019) 156 SCL 510 : (2019) 8 SLT 43

(953) M/S WOMB LABORATORIES PVT LTD Vs. VIJAY AHUJA ANR. [SUPREME COURT OF INDIA] 11-09-2019
These appeals take exception to the Judgment and Order dated 23rd July, 2018 passed by the High Court of Delhi at New Delhi in Crl.M.C. Nos. 3084/2015 and 3086/2015 whereby the proceedings initiated against respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 came to be quashed.
(2019) 4 CivCC 229 : (2019) 4 CriCC 130 : (2019) 4 RCRCriminal 358

(954) MOHINDER SINGH Vs. JASWANT KAUR (D) THR. LRS. [SUPREME COURT OF INDIA] 11-09-2019
This appeal is directed against the judgment dated 15.01.2009 passed by the Punjab and Haryana High Court dismissing the appeal holding that there is no substantial question of law involved. The High Court held that a carbon copy of a document which carbon copy is signed by both the parties cannot be termed as an original document under Section 62 of the Evidence Act. This finding of the High Court is absolutely incorrect and against the provision of Section 62 of the Evidence Act. This carbon c
(2019) AIRSC 5760 : (2020) AIRSCCivil 900 : (2019) 4 CivCC 750 : (2020) 1 JLJR 190 : (2020) 1 PLJR 137 : (2020) 1 RCRCivil 149

(955) EX. SEPOY SURENDRA SINGH YADAV Vs. CHIEF RECORD OFFICER AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2019
Army Act, 1950 - Sections 20, 20(3) and 44 - Army Rules, 1954 - Rules 13 and 13(3) - Summary Court Martial - Discharge from service -False matriculation certificate - Rule 13 specifies the authorities who are empowered to authorize discharge in respect of persons enrolled under the Act who have been attested
(2019) 12 SCALE 241 : (2019) 9 SCC 140 : (2019) 4 SCT 449 : (2019) 3 SLJ 372

(956) M/S AVINASH HITECH CITY 2 SOCIETY AND OTHERS Vs. BODDU MANIKYA MALINI AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2019
Andhra Pradesh Societies Registration Act, 2001 - Section 23 - Arbitration and Conciliation Act, 1996 - Section 8 - Dissolution of society - Power to refer parties to arbitration where there is an arbitration agreement - Appellants filed petitions under Section 8 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator in accordance with Clause 19 of the Addendum - All the three applications came to be dismissed by the learned District Judge and High Court on the gr
(2019) AIRSC 4142 : (2019) 136 ALR 678 : (2020) 1 AndhLD 32 : (2019) 5 ArbiLR 401 : (2019) 5 CTC 488 : (2019) 7 MLJ 103 : (2019) 5 RAJ 250 : (2019) 12 SCALE 149 : (2019) 8 SCC 666 : (2019) 156 SCL 400 : (2019) 8 SLT 173

(957) K. SREEDHAR RAO Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF LAW & JUSTICE, NEW DELHI [SUPREME COURT OF INDIA] 06-09-2019
By way of this petition filed under Article 32 of the Constitution of India, the petitioner, who retired as Acting Chief Justice of the Gauhati High Court, has prayed for an appropriate writ, direction or order and declaration that the petitioner is entitled to pensionary benefits, applicable to a retired Chief Justice of a High Court
(2019) 4 ESC 873 : (2019) 5 GauLT 1 : (2019) 12 SCALE 698 : (2019) 9 SCC 111 : (2019) 4 SCT 455 : (2019) 3 SLJ 315

(958) FR. ISSAC MATTAMMEL COR-EPISCOPA Vs. ST. MARY'S ORTHODOX SYRIAN CHURCH AND OTHERS [SUPREME COURT OF INDIA] 06-09-2019
It passes comprehension that how the judge has passed the impugned interim order which runs expressly contrary to the decision of this Court in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church & Ors., (2017) 15 SCC 333. This Court has passed several judgments and orders to the effect that no such interference can be made by any court after the decision has been rendered by this Court in a representative suit which is binding on all concerned and it is the constitutional duty of all
(2019) 4 CivCC 853 : (2019) 4 ILRKerala 77 : (2019) 4 KHC 868 : (2019) 4 KLT 1 : (2019) 4 RCRCivil 544 : (2019) 10 SCC 606

(959) M/S MAYAVTI TRADING PVT. LTD. AND OTHERS Vs. PRADYUAT DEB BURMAN AND OTHERS [SUPREME COURT OF INDIA] 05-09-2019
Arbitration and Conciliation (Amendment) Act, 2015 - Section 11(6A) - Appointment of arbitrator - Appointment of an arbitrator is a judicial power and is not a mere administrative function leaving some degree of judicial intervention; when it comes to the question to examine the existence of a prima facie arbitration agreement, it is always necessary to ensure that the dispute resolution process does not become unnecessarily protracted
(2019) AIRSC 4284 : (2019) 6 AllWC 5275 : (2019) 6 ArbiLR 1 : (2019) 153 CLA 18 : (2019) 9 JT 362 : (2019) 4 KLT 236 : (2019) 2 OriLawRev 722 : (2019) 5 RAJ 228 : (2019) 5 RCRCivil 823 : (2019) 8 SCC 714 : (2019) 9 SCJ 6 : (2019) 9 SLT 49

(960) P. CHIDAMBARAM Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 05-09-2019
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Section 120B and 420 - Prevention of Corruption Act, 1988 - Sections 8, 13(2) and 13(1)(d) - Prevention of Money-Laundering Act, 2002 - Sections 3 and 4 - Aircel Maxis case - Grant of anticipatory bail - Corruption and money laundering - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the mate
(2019) AIR(SCW) 4198 : (2019) AIRSC 4198 : (2019) 3 ALTCrl 188 : (2019) 4 BomCR(Cri) 809 : (2019) CriLJ 4754 : (2019) 3 Crimes 410 : (2019) 4 JLJR 127 : (2020) 1 LWCri 542 : (2020) 1 LWCri 542 : (2019) 4 MLJCriminal 188 : (2019) 3 NCC 384 : (2019) 4 PLJR 19 : (2019) 4 RCRCriminal 875 : (2019) 12 SCALE 94 : (2019) 9 SCC 24 : (2019) 3 SCCCri 509 : (2020) 1 SCJ 752 : (2019) 156 SCL 104 : (2019) 7 Supreme 613