ive

Latest Cases

(961) DR. ASHWANI KUMAR Vs. UNION OF INDIAAND ANOTHER [SUPREME COURT OF INDIA] 05-09-2019
Constitution of India, 1950 - Articles 21, 32 and 226 - Custodial torture - Custodial torture and violence was described as a wound inflicted on the soul, so painful and paralysing that it engenders fear, rage, hatred and despair, and denigrates the individual. - This Court would take note of the judgment of this Court in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 wherein the following directions/ guidelines with respect to rights/custodial torture were issued:
(2019) 7 MLJ 81

(962) COMMISSIONER OF CUSTOMS, BANGALORE-1 Vs. M/S MOTOROLA INDIA LTD. [SUPREME COURT OF INDIA] 05-09-2019
Customs Act, 1962 - Sections 130 and 130E - Exemption notification - Whether an appeal from the order of Customs, Excise and Service Tax Appellate Tribunal, involving an issue regarding violation of conditions contained in customs exemption notification, would lie before the High Court under the provisions of Section 130 of the Customs Act, 1962
(2019) 5 CTC 727 : (2019) 368 ELT 3 : (2019) 11 SCALE 803 : (2019) 9 SCC 563

(963) JYOTHIR R Vs. SUNISHA N.S. AND OTHERS [SUPREME COURT OF INDIA] 05-09-2019
The present Appeals have been filed by the Appellant to challenge the Judgement and Order dated 07.08.2019 passed by a division bench of the Kerala High Court in W.A. Nos. 1757 & 1758 of 2019
(2019) 9 SCC 449

(964) HARI SINGH AND ANOTHER Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-09-2019
An FIR (Ext.P17) was allegedly lodged by the victim Shyam with the Police Station Ujjain to the effect that he was working in the Malaria Department and on 17.10.1997 he was standing near his shanty behind Ashok Talkies. He was attacked by Rupa, Hari 'the Tempowala' and the son of Nathu. These three people surrounded him and started beating him. They alleged that he had taken some money from them which he did not return, which he denied. Then Hari 'the Tempowala' and the son of Nathu took out kn
(2020) 110 ACrC 267 : (2019) 3 ALTCrl 351 : (2019) 4 RCRCriminal 794 : (2019) 8 SCC 677 : (2019) 3 SCCCri 647 : (2020) 1 SCJ 26

(965) LAXMINATH Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 05-09-2019
This appeal by the accused is directed against the judgment of the High Court dated 27.03.2008 whereby the High Court while upholding the judgment of the Trial Court convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to life imprisonment
(2020) 110 ACrC 280 : (2019) AIR(SCW) 4387 : (2019) AIRSC 4387 : (2019) 3 ALTCrl 330 : (2019) 4 RCRCriminal 471 : (2019) 8 SCC 685 : (2019) 3 SCCCri 654 : (2020) 1 SCJ 86

(966) VANI AGRO ENTERPRISES Vs. STATE OF GUJARAT & ANR. [SUPREME COURT OF INDIA] 05-09-2019
The appellant herein is alleged to have issued four cheques to the respondent no.2 which allegedly bounced. The respondent no.2 sent one notice in terms of Section 138 of the Negotiable Instruments At, 1881 with regard to bouncing of all the four cheques. Thereafter, complaints were filed in the year 1999 and these complaints have dragged on for 20 years only on the application of the appellant herein that all the four complaints should be consolidated and heard together. 2. Whether these cases
(2019) 4 CriCC 119 : (2019) 3 LawHeraldSC 2533

(967) S. DHANASEKARAN Vs. THE COMMANDANT AND ANOTHER [SUPREME COURT OF INDIA] 05-09-2019
Heard Mr. Sriram Parabhat, learned counsel appearing on behalf of the appellant as well as Mr. A.N.S. Nadkarni, learned Additional Solicitor General appearing on behalf of the respondents. This appeal arises out of the order dated 27.11.2014 in W.A. No.2212 of 2011 passed by the High Court of Judicature at Madras by which the Division Bench has set aside the order passed by the learned Single Judge and affirmed the order of dismissal passed by the authorities.
(2019) 4 SCT 284

(968) VANI AGRO ENTERPRISES Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 05-09-2019
The appellant herein is alleged to have issued four cheques to the respondent no.2, which allegedly bounced. The respondent no. 2 sent one notice in terms of Section 138 of the Negotiable Instruments at, 1881 with regard to bouncing of all the four cheques. Thereafter, complaints were filed in the year 1999 and these complaints have dragged on for 20 years only on the application of the appellant herein that all the four complaints should be consolidated and heard together. 2. Whether these case
(2019) 4 CivCC 502 : (2019) 4 RCRCriminal 495

(969) THE STATE OF UTTAR PRADESH Vs. AMAN MITTAL AND ANOTHER [SUPREME COURT OF INDIA] 04-09-2019
Penal Code, 1860 - Sections 265, 267, 420, 34, 120-B, 467, 468 and 471 - Essential Commodities Act, 1955 - Sections 3 and 7 - Legal Metrology Act, 2009 - Sections 12, 30 and 51 - Weights and Measures Act, 1976 - Sections 12 and 30 - Short delivery of petrol and diesel - Out of 15, 13 nozzles were involved in malpractice of short delivery petrol and diesel - Weights and measures - Whether all the offences under IPC are excluded in view of Section 3 of the Act or only the offences relating to the
(2019) 109 ACrC 176 : (2020) 202 AIC 37 : (2019) AllSCRCrl 2158 : (2019) CriLR 1049 : (2019) 3 Crimes 376 : (2020) Sup2 CutLTCriminal 898 : (2020) 4 ECrC 183 : (2019) 4 JLJR 218 : (2019) 4 KHC 696 : (2020) 1 KLT 260 : (2019) 3 LawHeraldSC 2534 : (2019) 76 OrissaCriR 455 : (2019) 4 PLJR 244 : (2019) 4 RajCriC 2009 : (2019) 4 RCRCriminal 253 : (2019) 12 SCALE 41 : (2019) 8 SLT 145

(970) THE STATE OF MAHARASHTRA AND OTHERS Vs. M/S MOTI RATAN ESTATE AND ANOTHER [SUPREME COURT OF INDIA] 04-09-2019
Land Acquisition Act, 1894 - Sections 4, 6 and 11 - Acquisition proceedings - There is no bar to have more than one declaration under Section 6 or the award under Section 11 of the Act in reference to the self­same acquisition proceedings initiated under Section 4 followed with Section 6 of the Act, but if there is a stay of the proceedings by a Court of law in any of the matter, that certainly prevents the authorities in taking its decision to complete the acquisition proceedings within the st
(2019) 6 AIRBomR 389 : (2019) AIRSC 4149 : (2019) 6 ALLMR 431 : (2019) 136 ALR 684 : (2019) 6 AndhLD 154 : (2019) 5 BCR 499 : (2019) 12 SCALE 82 : (2019) 8 SCC 552 : (2019) 5 WBLR 518

(971) JAGBIR SINGH Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 04-09-2019
Penal Code, 1860 - Sections 302, 307 and 506 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Evidence Act, 1872 - Section 32 - Murder of wife - Illicit relationship - Appeal against conviction - Dying declaration - It is here that the role of alcohol in the whole incident, which must be borne in mind - Appellant’s act in bringing out the pipe of the petrol tank of the motorcycle resulting in fire erupting and himself also caught in fire, does establish that fire did erupt near the motorcy
(2019) AIR(SCW) 4321 : (2019) AIRSC 4321 : (2019) 2 AndhLDCriminal 1025 : (2020) CriLJ 266 : (2019) 3 Crimes 389 : (2019) 3 DMC 398 : (2019) 4 JLJR 58 : (2019) 9 JT 114 : (2019) 4 MLJCriminal 95 : (2019) 3 NCC 351 : (2019) 4 PLJR 107 : (2019) 4 RCRCriminal 265 : (2019) 12 SCALE 57 : (2019) 8 SCC 779 : (2019) 3 SCCCri 657 : (2019) 8 SLT 225 : (2019) 7 Supreme 641

(972) MOHAMMED FASRIN Vs. STATE REP. BY THE INTELLIGENCE OFFICER [SUPREME COURT OF INDIA] 04-09-2019
This appeal by the accused is directed against the judgment dated 19.02.2008 of the Madras High Court whereby it upheld the judgment dated 16.12.2005 of the District and Sessions Judge, Madurai acting as the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cases and convicted the accused along with three others for having committed offences under the NDPS Act. As far as the appellant is concerned, he was convicted for having committed offences under Section 8(c)
(2019) 4 CriCC 60 : (2019) 4 JLJR 85 : (2019) 3 LawHeraldSC 2562 : (2019) 8 SCC 811 : (2019) 9 SLT 26

(973) CHAMELI DEVI & ORS. Vs. JIVRAIL MIAN & ORS. [SUPREME COURT OF INDIA] 04-09-2019
This appeal has been filed for enhancement of compensation. The Tribunal assessed the income of the deceased at Rs.1,250/- per month but since no positive proof of income was led, the income of Rs.15,000/- per annum was taken as notional income. This obviously is not a correct position of law. The High Court accepted the income at Rs.3,000/- per month. According to us, the income assessed by the High Court is on the lower side. The accident happened on 02.01.2001. The Tribunal and the High Court
(2019) ACJ 3011 : (2019) 2 OriLawRev 701 : (2019) 5 RCRCivil 884

(974) RASHID RAZA Vs. SADAF AKHTAR [SUPREME COURT OF INDIA] 04-09-2019
The present case arises out of a partnership dispute in which an FIR dated 17.11.2017 was lodged by one of the partners alleging siphoning of funds and various other business improprieties that were committed. The FIR is at present under investigation. 2. An Arbitration Petition dated 02.01.2018 was filed by the appellant before the High Court under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator under the Arbitration clause which is to be found in
(2020) 1 AllWC 808 : (2019) 6 ArbiLR 12 : (2019) 4 JLJR 81 : (2019) 4 KLT 16 : (2019) 2 OriLawRev 688 : (2019) 2 OriLR 688 : (2019) 4 PLJR 159 : (2019) 5 RAJ 275 : (2019) 5 RCRCivil 899 : (2019) 8 SCC 710 : (2019) 8 SLT 750 : (2019) 5 WBLR 508

(975) BALKRISHNA WAMAN ZAMBARE Vs. SIDDHESHWAR SHIKSHAN SANSTHA, DONGARSONI AND OTHERS [SUPREME COURT OF INDIA] 04-09-2019
This appeal arises out of judgment and order of the High Court of Judicature at Bombay in Writ Petition NO.14384 of 2018 dated 04.03.2019 in and by which the High Court has set aside the order of the School Tribunal and declining to condone the delay in filing the petition before the School Tribunal. Brief facts are that the appellant was appointed in the respondent no.1 school as a laboratory attendant on a vacant permanent post vide appointment letter dated 06.10.1998. The appellant's appointm
(2019) 5 ALLMR 954 : (2019) 4 ESC 981 : (2019) 9 SCC 446 : (2019) 2 SCCLS 612 : (2019) 4 SCT 282

(976) MOHAMMED FASRIN Vs. STATE REP. BY THE INTELLIGENCE OFFICER [SUPREME COURT OF INDIA] 04-09-2019
This appeal by the accused is directed against the judgment dated 19.02.2008 of the Madras High Court whereby it upheld the judgment dated 16.12.2005 of the District and Sessions Judge, Madurai acting as the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cases and convicted the accused along with three others for having committed offences under the NDPS Act. As far as the appellant is concerned, he was convicted for having committed offences under Section 8(c)
(2019) AIR(SCW) 4427 : (2019) AIRSC 4427 : (2019) 3 ALTCrl 320 : (2019) 4 Crimes 3 : (2019) 4 JCC 3968 : (2019) 4 JLJR 85 : (2019) 4 PLJR 3 : (2019) 4 RCRCriminal 362 : (2019) 8 SCC 811 : (2019) 3 SCCCri 684 : (2020) 1 SCJ 187

(977) UMESH TUKARAM PADWAL AND ANOTHER Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 03-09-2019
Penal Code, 1860 (IPC) - Sections 364, 302 and 420 - Cheating - Abduction and murder - Case based on circumstantial evidence - The proof of the motive for the offence of abduction and murder alleged by the prosecution depends on whether the offence of cheating was committed by Accused No. 1. This is because it is alleged that Accused No. 1 knew that he could not arrange employment for the deceased, but still accepted money for this purpose from PW1 and the deceased, with an intention to cheat th
(2019) 109 ACrC 191 : (2019) AIR(SCW) 4279 : (2019) AIRSC 4279 : (2019) ALLMRCri 4362 : (2019) 2 AndhLDCriminal 705 : (2019) 4 BomCR(Cri) 1 : (2019) CriLJ 4705 : (2019) 4 Crimes 459 : (2019) 4 JCC 3897 : (2019) 9 JT 83 : (2019) 3 LawHeraldSC 2405 : (2019) 4 RCRCriminal 214 : (2019) 11 SCALE 774 : (2019) 8 SCC 567 : (2019) 3 SCCCri 620 : (2019) 7 Supreme 260 : (2019) 4 WLN 29

(978) M/S GEO MILLER & CO. PVT. LTD. Vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD. [SUPREME COURT OF INDIA] 03-09-2019
Arbitration and Conciliation Act, 1996 - Section 11(6), 43(3), 85, 21, 85(2)(a), 43, 43(1), 43(3) - Arbitration Act, 1940 - Section 8(2) - Contract Act, 1872 - Section 28 - Evidence Act, 1872 - Section 114(g) - Limitation Act, 1963 - Section 5 - Payment of dues - Appointment of arbitrator - Appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for c
(2019) AIRSC 4244 : (2019) 5 ALT 241 : (2019) 5 ArbiLR 531 : (2019) 9 JT 32 : (2019) 3 LawHeraldSC 2566 : (2019) 3 LawHeraldSC 2551 : (2019) 5 RAJ 188 : (2019) 11 SCALE 764 : (2019) 156 SCL 526 : (2019) 9 SLT 326

(979) M. J. THULASIRAMAN AND ANOTHER Vs. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT ADMINISTRATION AND ANOTHER [SUPREME COURT OF INDIA] 03-09-2019
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Sections 6(19), 6(16), 63(a) and 70(2) - Suit for Declaration of "Bakers Choultry" is a private property - Rock inscription - The genesis of this dispute lies in the year 1987, when the appellants’ predecessor­in­interest filed an application under Section 63(a) of the Act before the Deputy Commissioner, Hindu Religious and Charitable Endowments Administration Department, Madras for a declaration to the effect that the "Bakers Chou
(2019) AIRSC 4050 : (2020) 2 LW 489 : (2019) 11 SCALE 758 : (2019) 8 SCC 689

(980) MANJIT SINGH Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 03-09-2019
Penal Code, 1860 (IPC) - Sections 148, 302/149, 323, 324 and 326/149 - Murder - Unlawful assembly and rioting with deadly weapons - Common object - The important ingredients of an unlawful assembly are the number of persons forming it i.e., five; and their common object. Common object of the persons composing that assembly could be formed on the spur of the moment and does not require prior deliberations - Course of conduct adopted by the members of such assembly; their behaviour before, during,
(2019) 109 ACrC 196 : (2019) 3 Crimes 331 : (2019) 9 JT 13 : (2019) 4 MLJCriminal 214 : (2019) 12 SCALE 1 : (2019) 8 SCC 529 : (2019) 3 SCCCri 600 : (2019) 8 SLT 597 : (2019) 5 Supreme 1