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(961) 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) 1 RCRCriminal 571 : (2021) 2 SCALE 1

(962) DINESH KUMAR GUPTA AND OTHERS Vs. THE HON'BLE HIGH COURT FOR JUDICATURE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 21-07-2020
This Petition is filed by some of the Petitioners from Writ Petition (Civil)No. 967 of 2018 i.e., Direct Recruits submitting that the appointments made after Rajasthan Judicial Service Rules, 2010 ought to be in accordance with the cyclic orders. All the relevant submissions in that behalf were dealt with in detail by this Court in its Judgment dated 29.04.2020. We have gone through the contents of the Review Petition and do not find any error apparent on record to justify to take a different vi
(2020) 3 SCT 535

(963) NORTH DELHI MUNICIPAL CORPORATION Vs. KAVINDER AND OTHERS [SUPREME COURT OF INDIA] 21-07-2020
Service Law - Appointment - Post of Labour Welfare Superintendent - Eligibility - MBA degree cannot be regarded as allied to a post graduate degree or diploma in Social Work, Labour Welfare, Industrial Relations or Personnel Management.
(2020) 2 OriLawRev 473

(964) VISHAL VIJAY KALANTRI Vs. DBM GEOTECHNICS & CONSTRUCTIONS PVT LTD. AND ANOTHER [SUPREME COURT OF INDIA] 20-07-2020
This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (I.B. code, for short) is directed against the order dated 12.03.2020 passed by the National Company Law Appellate Tribunal, New Delhi (for short "NCLAT") in Company Appeal (AT) (Insolvency) No.139 of 2018. During the course of its order, the NCLAT observed as under: "11. The voting on the resolution for approval of Settlement Proposal under Section 12A of the I&B Code proposed at the 'Committee of Creditors' Meeting held o

(965) KUNJUMUHAMMED AND ANOTHER Vs. MARIYUMMA [SUPREME COURT OF INDIA] 19-07-2020
This appeal takes exception to the judgment and order dated 31.01.2017 passed by the High Court of Kerala at Ernakulam in Second Appeal No. 209 of 2003, whereby the High Court allowed the Second Appeal without formulating substantial question of law.
(2020) 3 RCRCivil 306

(966) JAIRAJ Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 17-07-2020
The appellant who is an accused in Regular Criminal Case No.653 of 2015 registered on the basis of FIR No.26 of 2015 for offences punishable under sections 498A, 506, 323, and 406 read with section 34 of the Indian Penal Code (for short, the 'IPC'), has filed the present appeal by special leave.
(2020) 3 CriCC 1

(967) V. KALYANASWAMY(D) BY LRS. AND ANOTHER Vs. L. BAKTHAVATSALAM (D) BY LRS . AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Evidence Act, 1872 - Sections 68 and 69 - Will - Both the attesting witnesses to the Will were dead - Requirement under Section 68 of the Evidence Act was not fulfilled - Deposition of one of the attesting witnesses to the Will did not establish due execution of the Will, in that, it did not establish the attestation of the Will by the other alleged attesting witness - A case covered under Section 69 of the Evidence Act, the requirement pertinent to Section 68 of the Evidence Act that the attest
(2020) 4 KLT 913 : (2020) 3 LawHeraldSC 1782 : (2020) 3 RCRCivil 404 : (2020) 9 SCALE 367

(968) PYARE LAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 17-07-2020
Penal Code, 1860 (IPC) - Section 302 and 34 - Criminal Procedure Code, 1973 (CrPC) - Section 433-A - Constitution of India, 1950 - Article 161 - Murder - Remission of sentences - Whether in exercise of power conferred under Article 161 of the Constitution a policy can be framed, where under certain norms or postulates are laid down, on the satisfaction of which the benefit of remission can thereafter be granted by the Executive without placing the facts or material with respect to any of the cas
(2020) 113 ACrC 943 : (2020) CriLR 752 : (2021) 1 JCC 487 : (2020) 7 JT 332 : (2020) 4 MLJCriminal 427 : (2020) 9 SCALE 129 : (2020) 8 SCC 680 : (2020) 3 SCCCri 536 : (2020) 3 SimLC 1670

(969) M/S. ULTRATECH CEMENT LTD. AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Rajasthan Value Added Tax Act, 2003 - Section 33 - Capital Investment Subsidy - Refund of excess amount - When availing of subsidy to the tune of 75% (and thereby availing 25% in excess) is not referable to any misrepresentation by the appellants and there is no allegation of breach of any of the conditions of RIPS-2003 by the appellants while availing such benefit, the respondent cannot be held entitled to demand interest at the rate stipulated in Clause 10 of RIPS-2003. However, and at the sam
(2020) 80 GSTR 225 : (2020) 9 SCALE 158

(970) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Constitution of India, 1950 - Articles 21A and 32 - Enforcement of rights - Petitioner submits that the reliefs which have been claimed are founded on the provisions of Article 21A of the Constitution and on the Right of Children to Free and Compulsory Education Act 2009 - Present educational system does not provide equal opportunity to students of all strata of society - It is not within the domain of this Court under Article 32 of the Constitution to direct the constitution of a National Educa
(2020) 7 SCC 693

(971) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-07-2020
Constitution of India, 1950 - Articles 21A and 32 - Enforcement of rights - Petitioner submits that the reliefs which have been claimed are founded on the provisions of Article 21A of the Constitution and on the Right of Children to Free and Compulsory Education Act 2009 - Present educational system does not provide equal opportunity to students of all strata of society - It is not within the domain of this Court under Article 32 of the Constitution to direct the constitution of a National Educa
(2020) 7 SCC 693

(972) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 16-07-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 161 and 161(3) - Implementation of audio-video recording of witness statements - This Court direct that with a view to implement the Plan of Action prepared by the Committee, a Central Oversight Body (COB) be set up by the MHA forthwith. The COB may issue directions from time to time. Suggestions of the Committee in its report may also be kept in mind. The COB will be responsible for further planning and implementation of use of videography - This

(973) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 16-07-2020
Criminal Procedure Code, 1973 (CrPC) - Sections 161 and 161(3) - Implementation of audio-video recording of witness statements - This Court direct that with a view to implement the Plan of Action prepared by the Committee, a Central Oversight Body (COB) be set up by the MHA forthwith. The COB may issue directions from time to time. Suggestions of the Committee in its report may also be kept in mind. The COB will be responsible for further planning and implementation of use of videography - This
(2020) 7 SCC 397

(974) POOJA MITTAL AND OTHERS Vs. RAKESH KUMAR AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
This appeal takes exception to the judgment and order dated 13.12.2019 in C.R. No. 7861 of 2019 passed by the High Court of Punjab & Haryana at Chandigarh. The High Court while disposing the revision application filed by respondent No.1 against concurrent view taken by the Trial Court and First Appellate Court rejecting interim relief application of the plaintiffs (respondents), directed the parties to maintain status quo with regard to the suit property.
(2020) 2 ApexCourtJudgments(SC) 791

(975) POOJA MITTAL AND OTHERS Vs. RAKESH KUMAR AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
This appeal takes exception to the judgment and order dated 13.12.2019 in C.R. No. 7861 of 2019 passed by the High Court of Punjab & Haryana at Chandigarh. The High Court while disposing the revision application filed by respondent No.1 against concurrent view taken by the Trial Court and First Appellate Court rejecting interim relief application of the plaintiffs (respondents), parties to maintain status quo with regard to the suit property. The High Court, however, did not advert to the findin
(2020) 3 CivCC 772

(976) STATE TRADING CORPORATION OF INDIA LTD. Vs. JINDAL STEEL AND POWER LIMITED AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Being aggrieved by Order dated 04.06.2020 passed by the High Court of Delhi in FAO(OS) (COMM)No.61 of 2020 in and by which the High Court has directed the appointment of Arbitrator and other directions, the appellant-State Trading Corporation has filed the present appeal. The appellant--State Trading Corporation of India Ltd. (STC) has entered into an Associate Agreement with the first respondent-Jindal Steel & Power Limited (JSPL) for supply of 1.50 lakh MT of steel rails manufac
(2020) 3 ApexCourtJudgments(SC) 551

(977) RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY AND ANOTHER Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 - Rule 4 - Fixation of fees - A writ petition was filed dated 29.07.2019 by the petitioners in which this interim fixation was challenged as being violative of the aforesaid Regulation 4 - The interim fee fixed by the Andhra Pradesh Government without following the drill of Rule 4 has correctly been found to be prima facie illegal and has therefore correctly been suspended by the learned
(2020) 4 AndhLD 298 : (2020) 2 ESC 492 : (2020) 9 SCALE 626 : (2020) 7 SCC 157 : (2020) 3 SimLC 1687

(978) ARJUN PANDITRAO KHOTKAR Vs. KAILASH KUSHANRAO GORANTYAL AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Evidence Act, 1872 - Section 65B(4) - Admissibility of evidence by way of electronic record - Certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record - In a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to th
(2020) AIRSC 4908 : (2020) 5 CTC 200 : (2020) 3 DNJ 1000 : (2020) 4 JKJ 398 : (2020) 3 JLJR 361 : (2020) 7 JT 413 : (2020) 4 KHC 101 : (2020) 5 LW 908 : (2020) 2 LWCri 705 : (2020) 2 OriLawRev 341 : (2020) 199 PLR 472 : (2020) 3 RCRCivil 256 : (2020) 8 SCALE 735 : (2020) 7 SCC 1 : (2020) 3 SCCCri 1 : (2020) 2 SCCLS 587

(979) THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. AAM AADMI LOKMANCH AND OTHERS [SUPREME COURT OF INDIA] 14-07-2020
Environment Law - Maharashtra Regional and Town Planning Act, 1966 - Section 154 - Degradation of environment to large extent due to hill cutting at Katraj Ghat - Penalty for causing damage to environment - Appellants argue that the Bombay High Court also fell into error and did not appreciate that the entire basis of the Directions/Resolution of 14.11.2017 by the State of Maharashtra where the directions issued by the NGT. Highlighting various provisions of the MRTP Act, learned counsel argued
(2020) 5 AIRBomR 114 : (2020) AIRSC 3471 : (2020) 3 RCRCivil 218 : (2020) 9 SCALE 278

(980) SRI MARTHANDA VARMA (DEAD) THROUGH LRS. AND ANOTHER Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 13-07-2020
Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 2(aa) and 18(2) - Powers of "the Ruler of Travancore" under Section 18(2) of the TC Act shall stand delegated to the Administrative Committee while the Advisory Committee shall be deemed to be the Committee constituted in terms of Section 20 of the TC Act as suggested by Ex-Royal Family - It is made clear that all the members including the Chairpersons of the Administrative Committee and the Advisory Committee must
(2020) 4 ALT 182 : (2020) 3 ILRKerala 737 : (2020) 7 JT 200 : (2020) 4 KLT 490 : (2020) 9 SCALE 1 : (2021) 1 SCC 225