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Latest Cases

(961) GOOGLE INDIA PRIVATE LIMITED Vs. M/S. VISAKHA INDUSTRIES AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2019
The appellant is the second accused in criminal complaint filed by the first respondent (hereinafter referred to as 'complainant', for short). The appellant filed a Petition under Section 482 The Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.PC, for short), seeking to quash the order passed by the Magistrate summoning the appellant pursuant to the complaint which seeks to invoke Sections 120B, 500 and 501 read with Section 34 of the Indian Penal Code, 1860 (hereinafter ref
(2020) AIRSC 350 : (2019) 4 Crimes 538 : (2020) 2 MLJCriminal 279 : (2019) 17 SCALE 282 : (2020) 4 SCC 162

(962) RAJA Vs. STATE BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 10-12-2019
Penal Code, 1860 (IPC) - Sections 109, 120B, 394, 395, 396 and 449 - Evidence Act, 1872 - Section 9 - Criminal Procedure Code, 1973 (CrPC) - Section 162 - Test Identification Parade - It is trite to say that the substantive evidence is the evidence of identification in court. Apart from the clear provisions of Section 9 of the Evidence Act, the position in law is well settled by a catena of decisions of this Court. The facts, which establish the identity of the accused persons, are relevant unde
(2020) AIRSC 254 : (2020) AIRSCCri 498 : (2020) CriLJ 1773 : (2020) 1 JLJR 133 : (2019) 12 JT 154 : (2020) 1 PLJR 222 : (2019) 17 Scale 679

(963) SRI CHANAPPA NAGAPPA MUCHALAGODA Vs. DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 10-12-2019
Workmen's Compensation Act, 1923 - Section 4 - Enhancement of compensation - Workman could no longer earn his living as a tanker driver due to loss of one leg, the functional disability had to be assessed as 100% - Appellant has been incapacitated for life, since he can walk only with the help of a walking stick. He has lost the ability to work as a driver, as he would be disqualified from even getting a driving license - Prospect of securing any other manual labour job is not possible, since he
(2020) ACJ 704 : (2020) 1 AirKarR 849 : (2020) AIRSC 166 : (2020) AIRSCCivil 798 : (2020) 1 ApexCourtJudgments(SC) 423 : (2020) 164 FLR 504 : (2020) 1 JLJR 160 : (2020) 1 LabLN 1 : (2020) 2 LLJ 322 : (2020) 1 LLN 1 : (2020) 1 PLJR 106 : (2020) 197 PLR 326 : (2019) 17 Scale 660 : (2020) 1 SCC 796 : (2020) 1 SCT 297 : (2020) 1 WBLR 600

(964) SAEEDA KHATOON ARSHI Vs. STATE OF UP AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2019
Criminal Procedure Code, 1973 (CrPC) - Sections 173, 319, 482 - Penal Code, 1860 (IPC) - Section 306 - Evidence Act, 1872 - Sections 103 and 114 - Abetment of suicide - Summoning Order - Section 319 empowers the court to proceed against a person appearing to be guilty of an offence where, in the course of any enquiry into or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the a
(2020) 110 ACrC 234 : (2019) 4 Crimes 530 : (2019) 12 JT 323 : (2020) 2 MLJCriminal 502 : (2019) 17 Scale 646 : (2020) 2 SCC 323

(965) STATE OF MADHYA PRADESH Vs. AMARLAL [SUPREME COURT OF INDIA] 10-12-2019
Penal Code, 1860 (IPC) - Sections 302 and 323 - Murder - Acquittal - It appears from the records that the respondent as under trial had undergone 2 years 8 months 11 days of custody and after his conviction on 24.01.1995 by the Sessions Judge he remained in custody till 18.11.2006 completing 11 years 9 months 26 days. Thus, he has undergone total custody of 14 years 6 months 7 days - Not consider the present a fit case to interfere - Appeal dismissed.
(2019) 12 JT 440 : (2020) 1 RCRCriminal 459 : (2019) 17 Scale 645 : (2020) 2 SCC 64

(966) RAM MURTI YADAV Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2019
Penal Code, 1860 (IPC) - Sections 467, 468, 471, 474, 420, 406 and 120B - Uttar Pradesh Fundamental Rules - Rule 56(C) - Compulsory retirement - A person entering the judicial service no doubt has career aspirations including promotions - An order of compulsory retirement undoubtedly affects the career aspirations - Having said so, This Court must also sound a caution that judicial service is not like any other service - A person discharging judicial duties acts on behalf of the State in dischar
(2020) AIRSC 227 : (2020) AIRSCCivil 702 : (2020) 3 AllLJ 157 : (2020) 139 ALR 603 : (2020) 1 ApexCourtJudgments(SC) 289 : (2020) 166 FLR 251) : (2020) 1 JLJR 148 : (2020) LIC 799 : (2020) 1 OriLawRev 72 : (2020) 1 OriLR 72 : (2020) 1 PLJR 94 : (2019) 17 Scale 639 : (2020) 1 SCC 801 : (2020) 1 SCCLS 245 : (2020) 1 SCT 299 : (2020) 1 SLJ 560 : (2020) 1 WBLR 606

(967) KUNJAN SADANA AND ORS. Vs. MAHESH KUMAR AND ORS. [SUPREME COURT OF INDIA] 10-12-2019
The instant appeal has been filed by the claimants challenging the judgment and order dated 08.08.2017 of the High Court of Delhi, in MAC Appeal No. 479 of 2009 wherein the High Court has partly allowed the appeal and consequently enhanced the amount of compensation from Rs. 3,72,620/- to Rs. 5,02,620/-. The Appellants have filed this appeal, seeking further enhancement of the compensation. The Appellants are the widowed mother and the younger brother (a minor) of the deceased. The deceased name
(2020) ACJ 812 : (2020) 1 RCRCivil 548 : (2019) 17 Scale 657 : (2020) 12 SCC 645 : (2020) 1 SCJ 89

(968) TRIJUGI NARAIN (DEAD) THROUGH LEGAL REPRESENTATIVES AND ORS. Vs. SANKOO (DEAD) THROUGH LEGAL REPRESENTATIVES AND ORS. [SUPREME COURT OF INDIA] 10-12-2019
These civil appeals arise out of common judgment and decree dated 12th September 2008 passed by the High Court of Judicature at Allahabad in Second Appeal No. 1930 of 1983 {Chandra Nath Kala (D) through L.Rs. v. Trijugi Narain (D) through L.Rs. and Ors.} and Second Appeal No. 2017 of 1983 {Sankoo and Anr. v. Trijugi Narain (D) through L.Rs. and Ors.}.
(2020) 1 ALD 203 : (2020) 140 ALR 755 : (2020) 1 AndhLD 203 : (2020) 1 MLJ 449 : (2020) 148 RD 718 : (2020) 1 SCALE 634

(969) STATE OF MADHYA PRADESH Vs. AMARLAL [SUPREME COURT OF INDIA] 10-12-2019
The appellant-State questions the acquittal of the respondent from the charge under Section 302 I.P.C. even while his conviction under Section 323 I.P.C. has been affirmed.
(2020) 1 JabLJ 145 : (2020) 1 SCALE 205 : (2020) 2 SCC 64

(970) MALARVIZHI AND OTHERS Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 09-12-2019
Motor Vehicles Act, 1988 - Section 166 - Compensation - Multiplier - No evidence was adduced by the appellants at any stage of the proceedings to assist in the computation of the depletion in the net income which accrues to the deceased - This Court are unable to accede to this contention - Depreciation is the deduction allowed for the decline in the real value of tangible or intangible assets over its useful life. Its value varies over time and cannot amount to tangible income for the purposes
(2020) ACJ 526 : (2020) AIRSC 90 : (2020) 138 ALR 736 : (2020) 1 AndhLD 109 : (2020) 3 ApexCourtJudgments(SC) 479 : (2020) 1 JabLJ 32 : (2019) 12 JT 335 : (2020) 1 KCCR 489 : (2020) 1 KHC 526 : (2020) 1 KLT 511 : (2020) 1 RCRCivil 488 : (2019) 17 Scale 452 : (2020) 4 SCC 228

(971) UNION OF INDIA AND OTHERS Vs. DAFADAR KARTAR SINGH AND ANOTHER [SUPREME COURT OF INDIA] 09-12-2019
Penal Code, 1860 (IPC) - Section 456 - Army Act, 1950 - Sections 69 and 120 - Army Rules, 1954 - Rule 23 - Summary Court Martial - Civil offence of house breaking by night - Respondent was tried by the Summary Court Martial for a civil offence of house breaking by night. He was found guilty of the charge and was sentenced to rigorous imprisonment for seven months apart from dismissal from service and reduction in the ranks - Conviction was set aside by the Armed Forces Tribunal - Appeal against
(2020) 110 ACrC 217 : (2020) 205 AIC 1 : (2020) AIRSC 187 : (2020) CriLJ 1039 : (2020) CriLJ 1039 : (2020) CriLJ 1039 : (2020) 1 Crimes 77 : (2020) 1 ECrC 302 : (2019) 12 JT 181 : (2020) 2 MLJCriminal 185 : (2020) 1 OJR 277 : (2020) 1 RajCriC 42 : (2019) 17 SCALE 441 : (2020) 2 SCC 437 : (2020) 1 SCCCri 492 : (2020) 1 SCCLS 346 : (2020) 2 SCJ 177 : (2020) 1 SCT 303

(972) DR. TANVI BEHL Vs. SHREY GOEL AND OTHERS [SUPREME COURT OF INDIA] 09-12-2019
Indian Medical Council Act, 1956 - Section 10D - Admission to PG Medical Courses - Domicile/residence-based reservation - Provisions for uniform entrance examination to all Medical Educational Institutions at the undergraduate level and post-graduate level came to be inserted in the Indian Medical Council Act, 1956 in the form of Section 10D therein by way of Ordinance No. 4 of 2016 dated 24.05.2016 which was later on replaced by the Indian Medical Council (Amendment) Act, 2016. The background i
(2019) 17 SCALE 335

(973) M/S. THE BOMBAY DYEING AND MFG. CO. LTD. Vs. THE COMMISSIONER OF CENTRAL EXCISE [SUPREME COURT OF INDIA] 09-12-2019
Central Excise Rules, 1944 - Rule 9B - Provisional assessment to duty - Appellant cannot be allowed to approbate and reprobate ­ for inviting the High Court of Delhi to pass interim order stipulating that the appellant would execute bonds in Form B­13 referable to Rule 9B of the Rules and continue to file monthly RT­12 returns from time to time, on which endorsements have been made indicating that it is a case of provisional assessment. The appellant cannot now be permitted to urge that it had n
(2020) 371 ELT 11 : (2019) 17 SCALE 263

(974) CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD. AND OTHERS Vs. CONSUMER EDUCATION RESEARCH SOCIETY AND OTHERS [SUPREME COURT OF INDIA] 09-12-2019
ONGC Self Contributory, Post Retirement and Death in Service Benefits Scheme, 1991 - Rights to challenge the impugned orders National Consumer Disputes Redressal Commission as well as the Gujarat State Consumer Disputes Redressal Commission and the District Forum - Whether there is relationship of consumer and service provider existing between the private respondents (claimants) and the appellants - Held, There is virtually no privity of contract for providing service between the ONGC and the cl
(2020) AIRSC 87 : (2020) 138 ALR 700 : (2020) 2 CivCC 476 : (2020) 1 CPJ 47 : (2020) 1 CPR 1 : (2020) 197 PLR 321 : (2019) 17 Scale 556 : (2020) 2 SCC 113 : (2020) 1 UPLBEC 14

(975) M/S ESPIRE INFOLABS PRIVATE LIMITED Vs. SADHANA FOUNDATION [SUPREME COURT OF INDIA] 09-12-2019
Lease deed - Claim for rent - Lease deed of 2013 relied upon by the landlord is an un­registered one, and this Court is not sure, if it is properly stamped and, therefore, at this stage the said lease deed cannot be relied upon, being inadmissible in evidence - First issue is whether the lease deed of 2013 or the lease deed of 2015 will govern the rights of the parties - Second issue is whether "A" was a trustee and entitled to execute the lease deed of 2015 - Third issue would be that even if t
(2020) 3 CivCC 685 : (2020) 1 RCRRent 101 : (2019) 17 Scale 449 : (2020) 2 SCC 214

(976) ANJALAI AND ANOTHER Vs. THIRUMURUGAN AND OTHERS [SUPREME COURT OF INDIA] 09-12-2019
Civil Procedure Code, 1908 (CPC) - Section 100 - Specific Relief Act, 1963 - Sections 6 and 34 - Declaration of title - Recovery of possession - High Court committed yet another mistake in holding that the field map, "A" register extract and Adangal filed as additional documents are sufficient to prove the plaintiff’s title. These documents had actually come into existence after the filing of the suit - High Court was carried away (i) by the admission made by the first defendant examined as DW-1
(2020) 1 RCRCivil 551

(977) NARENDRA KUMAR TRIPATHI Vs. KARUNA AUDDY & ORS. [SUPREME COURT OF INDIA] 09-12-2019
Limitation Act, 1963 - Articles 65 and 64 - Adverse possession - A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed - Once the right, title or interest is acquired it can be used as a sword by the plaintiff as well a
(2020) 3 SCC 220

(978) NAGARAJA Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 06-12-2019
Penal Code, 1860 (IPC) - Section 397 - Dacoity - Appeal against conviction and sentence - High Court itself has found prosecution witnesses have not been able to identify the appellant - Further, out of the three circumstances, quite clearly, one of the circumstances, namely, about the conduct of the appellant allegedly based on the evidence of PW-11 appears to have been the product of an error - High Court has erred in interfering with the acquittal of the appellant bearing in mind the principl
(2020) 112 ACrC 339 : (2020) 2 AirKarR 111 : (2020) AIRSC 288 : (2020) AIRSCCri 482 : (2020) 2 AndhLDCriminal 18 : (2020) 3 KantLJ 1 : (2019) 17 Scale 582 : (2020) 2 SCC 257 : (2020) 1 UC 263

(979) RAJESH KUMAR DWIVEDI Vs. STATE OF U.P AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2019
Uttar Pradesh Industrial Training Institutes (Instructors) Service (Second Amendment) Rules, 2003 - Rule 8 - Appointment - Academic Qualification - Eligibility condition is that a candidate must have obtained a certificate in respective trade from NCVT - It is not necessary that a qualification prescribed in the Rules has to be possessed in one certificate - It is on the basis of such Circular, the Director of Training and Employment of the State has issued Circulars on 18th August, 1988 and on
(2020) 1 JBCJ 102 : (2020) 1 JLJR 26 : (2020) 2 LLJ 519 : (2020) 1 PLJR 63 : (2019) 17 SCALE 570 : (2020) 2 SCC 167 : (2020) 1 SCCLS 258 : (2020) 1 SCT 271 : (2020) 2 SLJ 22

(980) DARSHAN SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 06-12-2019
Penal Code, 1860 (IPC) - Section 300 and 302 - Murder - Criminal Procedure Code, 1973 (CrPC) - Section 161 - Examination of witnesses by police - Extra-judicial confession - It is well settled that conviction can be based on a voluntarily confession but the rule of prudence requires that wherever possible it should be corroborated by independent evidence - Extra-judicial confession of accused need not in all cases be corroborated - Law does not require that the evidence of an extra-judicial conf
(2020) 110 ACrC 228 : (2019) 12 JT 401 : (2020) 1 KerLJ 480 : (2019) 17 Scale 575 : (2020) 2 SCC 78 : (2020) 2 SCJ 161