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Latest Cases

(981) RAMESH NIVRUTTI BHAGWAT Vs. DR. SURENDRA MANOHAR PARAKHE [SUPREME COURT OF INDIA] 04-10-2019
Succession Act, 1925 - Sections 228 and 271 - Probate of will - Application for revocation of letters of administration - Period of limitation - The grant of probate by a Competent Court operates as a judgment in rem and once the probate to the Will is granted, then such probate is good not only in respect of the parties to the proceedings, but against the world. If the probate is granted, the same operates from the date of the grant of the probate for the purpose of limitation Under Article 137
(2020) 1 AIRBomR 250 : (2019) AIRSC 4948 : (2020) AIRSCCivil 931 : (2020) 1 ALLMR 436 : (2019) 137 ALR 689 : (2019) 6 AndhLD 262 : (2020) 1 CivCC 24 : (2020) 2 MhLJ 28 : (2020) 1 MPLJ 503 : (2019) 13 SCALE 516 : (2020) 1 WLN 7

(982) THE STATE OF ARUNACHAL PRADESH Vs. RAMCHANDRA RABIDAS @ RATAN RABIDAS AND ANOTHERS [SUPREME COURT OF INDIA] 04-10-2019
Motor Vehicles Act, 1988 - Sections 112, 132(1)(c), 133, 134, 183, 184, 185, 186, 187, 188, 208, 208(3), 209 - Penal Code, 1860 (IPC) - Sections 5, 279, 304 Part II and 304A IPC - Whether the Gauhati High Court was justified in issuing directions that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act, 1988, and in holding that in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code, 1860 is without sanc
(2019) 4 ACC 229 : (2019) ACJ 3063 : (2020) 110 ACrC 303 : (2020) 205 AIC 243 : (2019) AIR(SCW) 4954 : (2019) AIRSC 4954 : (2020) AIRSCCri 338 : (2019) 6 AndhLD 307 : (2020) 1 AndhLDCriminal 125 : (2020) 1 ApexCourtJudgments(SC) 68 : (2020) 1 CalCriLR 60 : (2020) CriLJ 122 : (2019) 4 ECrC 333 : (2019) 4 JabLJ 290 : (2019) 4 JLJR 244 : (2019) 10 JT 471 : (2019) 4 KerLJ 373 : (2019) 4 KLT 646 : (2020) 2 MLJCriminal 100 : (2019) 76 OrissaCriR 841 : (2019) 4 PLJR 162 : (2019) 4 RajCriC 2283 : (2020) 1 RCRCivil 41 : (2019) 13 SCALE 669 : (2019) 10 SCC 75 : (2019) 4 SCCCri 1 : (2019) 4 TAC 707 : (2019) 2 TNMAC 544

(983) VIDHI HIMMAT KATARIYA AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
Right of Persons with Disabilities Act, 2016 - Section 32 - Admission in MBBS Course Under PwD Category - Locomotor disability - As per notification dated 04.02.2019 and Appendix ‘H’ - Guidelines regarding admission of students with ‘Specified Disabilities’ under the 2016 Act with respect to admission in MBBS course, a candidate suffering from locomotor disability of less than 40% shall be eligible to pursue MBBS course but not eligible to be granted the benefit of reservation under PwD quota -
(2019) 4 ESC 937 : (2020) 2 GLR 1483 : (2019) 11 JT 46 : (2019) 13 SCALE 547 : (2019) 10 SCC 20 : (2019) 4 SCT 597

(984) DUNCANS INDUSTRIES LTD. Vs. A. J. AGROCHEM [SUPREME COURT OF INDIA] 04-10-2019
Insolvency and Bankruptcy Code, 2016 - Sections 7, 9 and 238 - Tea Act, 1953 - Section 16E and 16G(1)(c) - Proceedings for winding up or appointment of receiver - Section 16G(1)(c) refers to the proceeding for winding up of such company or for the appointment of receiver in respect thereof. Therefore, as such, the proceedings under Section 9 of the IBC shall not be limited and/or restricted to winding up and/or appointment of receiver only. The winding up/liquidation of the company shall be the
(2019) AIRSC 5472 : (2020) AIRSCCivil 562 : (2019) AllSCR 2491 : (2020) 1 AndhLD 179 : (2020) 1 ApexCourtJudgments(SC) 146 : (2019) 4 BC 456 : (2019) 153 CLA 44 : (2019) 217 CompCas 320 : (2019) 4 CompLJ 438 : (2020) 2 CTC 842 : (2019) 10 JT 128 : (2019) 7 MLJ 748 : (2019) 13 SCALE 535 : (2019) 9 SCC 725 : (2019) 156 SCL 478 : (2019) 8 SLT 779 : (2020) 1 WBLR 169 : (2019) 4 WLN 121

(985) R. SRINIVAS KUMAR Vs. R. SHAMETHA [SUPREME COURT OF INDIA] 04-10-2019
Constitution of India,1950 - Article 142 - Hindu Marriage Act, 1955 - Section 13(1)(ia) and 13(ib) - Dissolution of marriage - This Court has exercised its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where the Court finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce could be granted. In the present case,
(2019) AIRSC 4914 : (2020) 138 ALR 265 : (2020) 1 AndhLD 44 : (2019) 3 ApexCourtJudgments(SC) 490 : (2019) 3 DMC 462 : (2019) 10 JT 139 : (2020) 2 MhLJ 518 : (2019) 7 MLJ 717 : (2019) 3 MPWN 49 : (2019) 4 RCRCivil 936 : (2019) 13 SCALE 530 : (2019) 9 SCC 409 : (2019) 4 WLN 68

(986) YATINKUMAR JASUBHAI PATEL AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
Indian Medical Council Act, 1956 - Section 10D - Institutional Preference - Institutional Preference to the extent of 50% is approved and it is observed and held that introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation - Such a regulation providing 50% Institutional Preference/Reservation shall not be in any way ultra vires to Section 10D of the MCI Act - Even in the case of Institutional Preference/Reservation, the admissions in the post graduate courses a
(2019) 6 ALT 92 : (2019) 3 ESC 829 : (2019) 13 SCALE 523 : (2019) 10 SCC 1 : (2019) 4 SCT 593

(987) KERALA STATE BEVERAGES (M AND M) CORPORATION LIMITED Vs. P.P. SURESH AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
There is no dispute that a number of abkari workers lost their livelihood due to the ban on arrack in the State, in the year 1996. Dissatisfied with the monetary compensation provided to them, they demanded employment in the Corporation. The agitation turned violent and to find an immediate solution to the law and order problem, the Government took a decision to provide employment to displaced abkari workers, adjusting them against 25% of the daily wage vacancies that would arise in the Corporat
(2019) AIRSC 5222 : (2019) 3 ESC 821 : (2019) 10 JT 108 : (2020) LIC 244 : (2019) 4 LLJ 257 : (2019) 13 SCALE 592 : (2019) 9 SCC 710 : (2019) 2 SCCLS 821 : (2020) 1 SLJ 157

(988) ANUJ CHATURVEDI Vs. JYOTI [SUPREME COURT OF INDIA] 04-10-2019
We are not inclined to interfere in the order granting custody of the child to the mother. The special leave petition is dismissed. 2. However, we give liberty to the petitioner to approach the Family Court for enhancement of his visitation rights and we direct the Family Court to ensure that visitation rights are fixed in such a manner that the child gets to know and love his father. A child has a right to the affection of both his parents and the Family Court shall ensure that visitation right
(2019) 4 CivCC 753

(989) NUSLI NEVILLE WADIA Vs. IVORY PROPERTIES AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
Civil Procedure Code, 1908 (CPC) - Section 9A (inserted by the Maharashtra Amendment Act, 1977) - word “jurisdiction” - include the issue of limitation as the expression has been used in the broader sense and is not restricted to conventional definition under pecuniary or territorial jurisdiction - The question arises for consideration as to the interpretation of expression ‘jurisdiction of the Court to entertain such suit’ used in Section 9A of CPC - Section 2 of Maharashtra Second Amendment Ac
(2020) 1 AIRBomR 258 : (2019) AIRSC 5125 : (2020) AIRSCCivil 834 : (2020) 1 AndhLD 134 : (2019) 4 JabLJ 380 : (2020) 2 MhLJ 469 : (2019) 13 SCALE 620

(990) FAINUL KHAN Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 04-10-2019
Penal Code, 1860 (IPC) - Sections 141, 146, 147, 302 and 323 - Criminal Procedure Code, 1973 (CrPC) - Sections 313 and 464 - Murder - Unlawful assembly with common object - Appellants were undoubtedly the members of an unlawful assembly some of whom were also armed with spears and assaulted the deceased - All the accused surrounded the deceased obviously to prevent his escape - Initial assault was made on the head of the deceased with the lathi by appellant "S" - Deceased fell down and when he w
(2019) AIR(SCW) 4858 : (2019) AIRSC 4858 : (2020) AIRSCCri 360 : (2019) 3 ALTCrl 412 : (2020) 1 AndhLDCriminal 41 : (2020) CriLJ 60 : (2019) 4 Crimes 96 : (2019) 4 JLJR 238 : (2019) 10 JT 277 : (2019) 4 PLJR 412 : (2019) 4 RCRCriminal 823 : (2019) 13 SCALE 559 : (2019) 9 SCC 549 : (2019) 3 SCCCri 886 : (2019) 7 Supreme 705 : (2019) 3 UC 1626

(991) RAVI SETIA Vs. MADAN LAL AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
Specific Relief Act, 1963 - Section 16(1)(c) - Suit for specific performance of agreement - Readiness and willingness - The application for extension of time made after expiry of the time prescribed is sufficient evidence for the incapacity of the plaintiff to perform his obligations demonstrating readiness and willingness - The High Court in second appeal was empowered to set aside concurrent findings of facts if they were perverse - The grant of relief for specific performance under Section 16
(2019) AIRSC 4791 : (2020) 138 ALR 269 : (2019) 6 AndhLD 241 : (2019) 3 ApexCourtJudgments(SC) 519 : (2019) 4 CivCC 756 : (2019) 4 CurCC 22 : (2020) 129 CutLT 40 : (2019) 10 JT 292 : (2019) 4 RCRCivil 916 : (2019) 13 SCALE 553 : (2019) 9 SCC 381 : (2020) 1 WLN 14

(992) C/M KISAN INTER COLLEGE MANAGER Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
Uttar Pradesh Secondary Education Services Selection Board Act, 1982 - Service Law - Regularization - High Court held that the claim for regularization of Respondent No.5 has to be considered by the Regional Level Committee - Order of regularization was passed after taking into account all relevant material. By taking note of the findings recorded in the enquiry report, the Division Bench directed continuation of Respondent No.5 in service with all consequential benefits. In view of the conflict
(2019) 6 ALT 86 : (2019) 4 ESC 964 : (2019) 163 FLR 832 : (2019) 13 SCALE 605 : (2019) 10 SCC 131 : (2019) 2 SCCLS 782 : (2019) 4 SCT 554

(993) IC 29547 L BOBBY JOSEPH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
Service Law - Revision of pension - Appellant was granted Short Service Commission on 15.06.1969 and Permanent Commission on 15.06.1974. His promotion/seniority was fixed w.e.f. 12.08.1970. He voluntarily proceeded for his pre-mature retirement w.e.f. 15.07.1991 in the rank of Major. He was granted pension by an order dated 29.07.1991, as Major - After retirement of the Appellant, an order for payment of pension was issued on 29.07.1991. His service for the payment of pension was shown to have b
(2019) 13 SCALE 514 : (2019) 9 SCC 375 : (2019) 2 SCCLS 607 : (2019) 4 SCT 531

(994) KAMLESH DEVI Vs. JAIPAL AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
This special leave petition is directed against an order dated 16th September, 2016 passed by the High Court of Punjab and Haryana at Chandigarh, dismissing Criminal Revision No.609/2015, filed by the petitioner under Section Signature Not Verified 401 of the Criminal Procedure Code. 3. By a judgment dated 22nd October 2012 the Judicial Magistrate (First Class) dismissed a complaint filed by the petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005. 4. An ap
(2019) 3 ApexCourtJudgments(SC) 642 : (2019) 4 CivCC 293 : (2019) 4 CriCC 544

(995) DURGAWATI DEVI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-10-2019
This special leave petition is against a judgment and order dated 8th March, 2016, passed by the Lucknow Bench of Allahabad High Court dismissing Writ Petition No.4717 (M/B) of 2016 filed by the petitioner as devoid of merit. Pursuant to an advertisement issued, inter alia, in the newspaper Amar Ujala, the petitioner applied for dealership of Liquified Petroleum Gas (LPG) in District Gonda under the Rajiv Gandhi Gramin Liquid Petroleum Gas Vitrak Yozana (RGGLPGVY). The Brochure on selection of R
(2019) 3 ApexCourtJudgments(SC) 742

(996) ORIENTAL INSURANCE CO. LTD. Vs. M/S TEJPARAS ASSOCIATES AND EXPORTS PVT. LTD. [SUPREME COURT OF INDIA] 03-10-2019
Civil Procedure Code, 1908 (CPC) - Order 7 Rule 10 and 10A - Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside arbitral award - Period of limitation - Court had ordered return of the petition for appropriate presentation and the date had been fixed - Correctness of the order had not been assailed by the respondent herein seeking absolute rejection of the petition by raising grounds on the nature of findings rendered therein since that Court had not held the petition to be malaf
(2020) 206 AIC 129 : (2019) AIRSC 4785 : (2020) AIRSCCivil 301 : (2019) AllSCR 2535 : (2019) 6 AndhLD 234 : (2020) 1 ApexCourtJudgments(SC) 184 : (2019) 5 ArbiLR 411 : (2020) 1 CivilLJ 258 : (2019) 4 CurCC 90 : (2020) 129 CutLT 102 : (2019) 10 JT 192 : (2019) 4 LawHeraldSC 2734 : (2019) 8 MLJ 611 : (2019) 2 OriLawRev 819 : (2019) 2 OriLR 819 : (2019) 4 RCRCivil 797 : (2019) 6 RecentApexJudgments(RAJ) 623 : (2019) 13 SCALE 345 : (2019) 9 SCC 435 : (2019) 6 WBLR 464 : (2019) 4 WLN 139

(997) NO. 14666828M EX CFN NARSINGH YADAV Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-10-2019
Entitlement Rules for Casualty Pensionary Awards, 1982 - Rule 14 - Grant of disability pension - Provision of grant of disability pension is a beneficial provision but, mental disorder at the time of recruitment cannot normally be detected when a person behaves normally - Since there is a possibility of non-detection of mental disorder, therefore, it cannot be said that Schizophrenia is presumed to be attributed to or aggravated by military service.
(2019) AIRSC 4895 : (2020) AIRSCCivil 757 : (2019) 4 ESC 967 : (2020) 164 FLR 449 : (2019) 10 JT 1 : (2020) LIC 134 : (2019) 13 SCALE 333 : (2019) 9 SCC 667 : (2019) 2 SCCLS 716 : (2019) 4 SCT 542

(998) M. RAMALINGAM Vs. STATE REPRESENTED BY INSPECTOR OF POLICE SBE/CBI/ACB, MADRAS [SUPREME COURT OF INDIA] 03-10-2019
Penal Code, 1860 (IPC) - Sections 120B, 467, 467 read with 471, 420, 477­A - Prevention of Corruption Act, 1988 - Section 13(2) read with Section 13(1)(d) - Dishonesty/misuse in obtaining loan without furnishing any security - There was no evidence on record which could at all connect them for the offences under Section 120B and 420 IPC and Section 120B, 467, 467 read with 471 IPC and it was not the case of the prosecution that the loanee were ever aware of this fact that such a loan could be sa
(2019) 109 ACrC 924 : (2019) AIR(SCW) 4907 : (2019) AIRSC 4907 : (2020) AIRSCCri 365 : (2020) CriLJ 169 : (2019) 4 Crimes 157 : (2019) 4 RCRCriminal 789 : (2019) 13 SCALE 341 : (2019) 9 SCC 421 : (2019) 3 SCCCri 869 : (2019) 9 SLT 363

(999) SMT. KASTURIBAI SUKHARAM KHANDELWAL TRUST Vs. INDORE DEVELOPMENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 03-10-2019
Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Sections 58 and 86 - Allotment of land - It was not the case of either party that the appellant Trust either failed to fulfil necessary conditions as referred to under the advertisement pursuant to which the applications were invited or failed to fulfil necessary requisite conditions for allotment under any statutory enactment or Disposal Regulations, 1987 or there was any error being committed by the authority in its decision making proce
(2019) 4 JabLJ 338 : (2019) 10 JT 146 : (2019) 13 SCALE 328 : (2019) 9 SCC 299

(1000) VIRUDHUNAGAR HINDU NADARGAL DHARMA PARIBALANA SABAI AND OTHERS Vs. TUTICORIN EDUCATIONAL SOCIETY AND OTHERS [SUPREME COURT OF INDIA] 03-10-2019
Civil Procedure Code, 1973 (CPC) - Order 39 Rule 3A - Injunction - Order XXXIX Rule 3A of the Code of Civil Procedure itself mandates the disposal of an application for injunction within 30 days, whenever an injunction was granted without notice to the opposite party. In this case, the trial Court, without granting an ex-parte order of injunction, chose to allow the opposite parties to file counter affidavit(s) along with documents and then heard the opposite parties before allowing the applicat
(2019) 10 ADJ 624 : (2020) 138 ALR 785 : (2019) 3 ApexCourtJudgments(SC) 801 : (2020) 1 CivCC 60 : (2019) 5 CTC 698 : (2019) 4 CurCC 7 : (2019) 4 JLJR 302 : (2020) 2 LW 256 : (2019) 7 MLJ 721 : (2019) 4 RCRCivil 922 : (2019) 13 SCALE 367 : (2019) 9 SCC 538