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(981) SHISHUPAL SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 03-09-2019
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 307, 302, 323, 504 and 506 - Criminal Procedure Code, 1973 (CrPC) - Section 319 - Murder - Summoning of accused - Role ascribed to the appellant is also not correctly reflected as it as been stated that he fired upon them with an intention to kill them. This is not what was stated in the complaint nor is it part of the testimony recorded of PW-1. If This Court turn to the order of the High Court in revision, after extracting the legal principles w
(2019) 3 ACR 2739 : (2019) 109 ACrC 189 : (2019) AIR(SCW) 4298 : (2019) AIRSC 4298 : (2019) 3 AllCrlRulings 2739 : (2019) 3 ALTCrl 398 : (2019) CriLJ 4715 : (2019) 4 Crimes 32 : (2019) 9 JT 496 : (2019) 3 MPWN 22 : (2019) 8 SCC 682 : (2019) 3 SCCCri 651 : (2020) 1 SCJ 167

(982) UNION OF INDIA AND ANOTHER Vs. BALWANT SINGH AND OTHERS [SUPREME COURT OF INDIA] 03-09-2019
Land Acquisition Act, 1894 - Sections 3G(5) and 25 - Award - Under the Land Acquisition Act an award that is made by the Land Acquisition Officer is in the nature of an offer on behalf of the government and hence cannot be challenged by the government - See : Section 25 of the Act. The scheme of the National Highways Act, on the other hand, as disclosed by Section 3G (5) is that the amount determined by the competent authority under the said Act may, on application of either of the parties, if i
(2019) 3 MPWN 29 : (2019) 5 RCRCivil 834 : (2019) 9 SCC 687

(983) KISHORE SHARMA Vs. SACHIN DUBEY [SUPREME COURT OF INDIA] 03-09-2019
Negotiable Instruments Act, 1881 - Section 138 - Dishonour of Cheque - Legal notice was not duly served within the statutory period - Proceedings Cannot be quashed on the ground that Notice was not served within Statutory Period - Consequently, the complaint shall now proceed against the respondent in accordance with law.
(2019) 3 ACR 2741 : (2019) 3 AllCrlRulings 2741 : (2019) 4 BC 139 : (2019) 4 CivCC 609 : (2019) 4 CivCC 608 : (2019) 4 CriCC 614 : (2019) 3 RLW 2544 : (2019) 8 SLT 395

(984) YOGESH M. VYAS Vs. REGISTRAR, HIGH COURT OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 03-09-2019
The appellant, who was a Judicial Officer and joined judicial service on 09.11.1981 held various positions. During the period 15.06.1992 to 12.06.1994, the appellant was working as Civil Judge (JD) and JMFC, Visnagar. It is alleged that he granted seven bail orders against the provision of law and initially the allegations were of corruption against him. These allegations were enquired into and after inquiry it was held that there was no direct evidence to show that corrupt practice was done by
(2019) AIRSC 4192 : (2019) 4 CgLJ 264 : (2019) LIC 4399 : (2019) 2 OLR 740 : (2019) 2 OriLawRev 740 : (2019) 2 OriLR 740 : (2019) 4 SCT 290

(985) NATIONAL INSURANCE COMPANY LIMITED Vs. SATISH KUMAR VERMAAND ANOTHER [SUPREME COURT OF INDIA] 03-09-2019
We have heard counsel for the appellant - National Insurance Company Limited, but there is no appearance despite service on behalf of Satish Kumar Verma and Indira Verma (respondent Nos. 1 and 2), father and mother of the deceased Amol Verma. 3. We do not see any justification and ground to interfere with the findings recorded by the High Court of Uttarakhand in adding fellowship of Rs. 12,000/- per month to the salary of Rs.3,000/- per month for computing the loss of dependency. The Motor Accid
(2019) 4 ACC 216 : (2019) ACJ 3174 : (2019) 5 RCRCivil 835 : (2019) 12 SCALE 795 : (2019) 8 SCC 660 : (2019) 3 SCCCri 639

(986) VIJAY NATHALAL GOHIL Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 03-09-2019
This appeal is against the final judgment and order dated 21.03.2009 passed by the High Court of Judicature at Bombay in Criminal Appeal No.4 of 2003, upholding the conviction and sentence of imprisonment of the appellant for life awarded by the Additional Sessions Judge under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC'). The appellant has however been fully exonerated from the charges under Sections 498A and 304B IPC.
(2019) ALLMRCri 4359 : (2019) 3 ALTCrl 396 : (2019) 4 BomCR(Cri) 834 : (2019) 4 Crimes 137 : (2019) 3 DMC 226 : (2019) 3 NCC 337 : (2019) 4 RCRCriminal 359 : (2019) 8 SCC 663 : (2019) 3 SCCCri 641

(987) UBER INDIA SYSTEMS PVT. LTD. Vs. COMPETITION COMMISSION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-09-2019
Having heard lengthy arguments of Shri Dhruv Mehta, learned senior counsel appearing for the appellant, and Shri Raju Ramchandran, learned senior counsel appearing on behalf of the respondent, we are of the view that interference in these appeals is not called for. The only reason we do so is because we were shown, as part of information that was provided, the following statement
(2019) 153 CLA 27 : (2019) 4 CompLJ 434 : (2019) 4 CPJ 1 : (2019) 12 SCALE 818 : (2019) 8 SCC 697 : (2019) 156 SCL 141 : (2019) 8 SLT 368 : (2019) 8 SLT 13

(988) VIJAY NATHALAL GOHIL Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 03-09-2019
This appeal is against the final judgment and order dated 21.03.2009 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 4 of 2003, upholding the conviction and sentence of imprisonment of the appellant for life awarded by the Additional Sessions Judge under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC'). The appellant has however been fully exonerated from the charges under Sections 498A and 304B IPC.
(2019) ALLMRCri 4359 : (2019) 3 ALTCrl 396 : (2019) 4 BomCR(Cri) 834 : (2019) 4 RCRCriminal 359 : (2019) 8 SCC 663

(989) ROHAN VIRANI AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 02-09-2019
Maharashtra Public Universities Act, 2016 - Sections 2(5), 2(f) 122, 122(1) and 122(4) - UGC (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018 - Admission - Extension of autonomy - Whether JBIMS is to be treated as an autonomous or nonautonomous Department of the University of Mumbai for the current academic year 2019­2020 - Held, As per Section 122 of the Maharashtra Public Universities Act, 2016, a University Depa
(2019) 5 ALLMR 956 : (2019) 5 BCR 487 : (2019) 4 ESC 889 : (2019) 11 SCALE 790 : (2019) 4 SCT 378

(990) SEP. SATGUR SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-09-2019
Army Instructions - Para 5(a) - Discharge from service - Absence from duty on seven occasions - Habitual offender - Enquiry - Para 5(a) of the Circular dated December 28, 1988 deals with an enquiry which is not a court of inquiry into the allegations against an army personnel - Such enquiry is not like departmental enquiry but semblance of the fair decision-making process keeping in view the reply filed - Court of inquiry stands specifically excluded - What kind of enquiry is required to be cond
(2019) AIRSC 4047 : (2019) 9 JT 44 : (2019) LIC 4272 : (2019) 11 SCALE 787 : (2019) 9 SCC 205 : (2019) 4 SCT 264 : (2019) 3 SLJ 365

(991) EX-SEPOY (WASHERMAN) RAM KHILAWAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-09-2019
Army Rules, 1954 - Rules 13(3)(III), Rule 13(3)(III)(iii) 13(3)(III)(v) - Discharge from service on the ground of medical unfitness - Discharge of the appellant was not under the residual clause (v) but under clause (iii) of Rule 13(3)(III) of the Rules - Since the discharge has proceeded without reference to Invalidating Medical Board, such discharge is not legally sustainable - In terms of clause (b) of General Principles of Army Order 46 of 1980, he is entitled to be retained for ten years be
(2019) AIRSC 4137 : (2019) 6 AllWC 5128 : (2020) 164 FLR 87 : (2019) LIC 4292 : (2019) 6 MLJ 696 : (2019) 11 SCALE 782 : (2019) 8 SCC 581 : (2019) 2 SCCLS 506 : (2019) 4 SCT 266 : (2019) 3 SLJ 221

(992) POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH Vs. M/S KALSI CONSTRUCTION COMPANY [SUPREME COURT OF INDIA] 02-09-2019
Arbitration and Conciliation Act, 1996 - Sections 31(7)(a) and 37 - Constitution of India, 1950 - Article 142 - Arbitral Award - Reduction of rate of interest - In the absence of agreement to the contrary between the parties, Section 31(7)(a) of the said Act confers jurisdiction upon the Arbitral Tribunal to award interest unless otherwise agreed by the parties at such rate as the Arbitral Tribunal considers reasonable, on the whole or any part of the money, for the whole or any part of the peri
(2019) 136 ALR 694 : (2019) 6 ArbiLR 234 : (2019) 4 ESC 980 : (2019) 5 RAJ 268 : (2019) 8 SCC 726

(993) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-09-2019
Modern conveniences bring with them their own problems. One of the most important conveniences of the industrial age is motor transport. This has brought with it many problems but we may highlight only two:- (1) pollution and (2) parking space. It is the problem of parking which we seek to address in this order
(2019) 5 RCRCivil 755 : (2019) 11 SCALE 811 : (2019) 10 SCC 614

(994) PRAKASH SAHU Vs. SAULAL AND OTHERS [SUPREME COURT OF INDIA] 02-09-2019
Registration Act, 1908 - Section 49 - Unregistered agreement of sale - Collateral purposes - Whether an unregistered agreement of sale can be seen for collateral purposes under the proviso to Section 49 of the Registration Act, 1908.
(2019) 5 AllWC 5068 : (2019) 4 CgLJ 230 : (2019) 2 OriLawRev 746

(995) VASHDEO R. BHOJWANI Vs. ABHYUDAYA CO-OPERATIVE BANK LTD AND ANOTHER [SUPREME COURT OF INDIA] 02-09-2019
In the facts of the present case, at the relevant time, a default of Rs. 6.7 Crores was found as against the respondent No.2. The respondent No.2 had been declared a NPA by Abhyudaya Cooperative Bank Limited on 23.12.1999. Ultimately, a Recovery Certificate dated 24.12.2001 was issued for this amount. A Section 7 petition was filed by the Respondent No.1 on 21.07.2017 before the NCLT claiming that this amount together with interest, which kept ticking from 1998
(2019) AIRSC 4671 : (2020) AIRSCCivil 591 : (2019) 6 AllWC 5132 : (2020) 1 AndhLD 24 : (2019) 17 SCALE 2 : (2019) 9 SCC 158 : (2019) 156 SCL 539

(996) PREM SINGH Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 02-09-2019
The question involved in the present matters is whether Rule 3(8) of the U.P. Retirement Benefit Rules, 1961 (in short Rules of 1961) and Regulation 370 of the Civil Services Regulation of Uttar Pradesh should be struck down having regard to the fact that this Court has upheld the decision regarding pari materia provision enacted in the State of Punjab which excluded computation of the period of work-charged services from qualifying service for pension. This Court has affirmed the decision of th
(2019) AIRSC 4390 : (2019) 6 AllWC 5480 : (2019) 3 ESC 801 : (2020) 164 FLR 671 : (2019) 6 MLJ 741 : (2019) 12 SCALE 20 : (2019) 4 SCT 386 : (2019) 3 SLJ 233 : (2019) 8 SLT 681

(997) IN RE : VIJAY KURLE AND OTHERS[SUPREME COURT OF INDIA] 02-09-2019
Learned counsel, appearing on behalf of Mr. Shubham Bhalla, AOR, for the respondents no.1 and 2 seeks permission of the Court to withdraw from the case. Permission is granted since Mr. Parthov Sarkar, learned counsel, has put an appearance on behalf of respondents no.1 and 2. Respondent No.3, who has appeared in person, states that the Registry has not given complete copy of the annexures to him. Registry is directed to handover the copy of annexures today itself by 4 p.m. to the respondent No.3
(2019) 8 SCC 658

(998) COLONEL SHRAWAN KUMAR JAIPURIYAR @ SARWAN KUMAR JAIPURIYAR Vs. KRISHNA NANDAN SINGH AND ANOTHER [SUPREME COURT OF INDIA] 02-09-2019
In spite of second call, there is no appearance on behalf of Krishna Nandan Singh, the plaintiff, the first respondent before us. The first respondent has filed a civil suit T.S. No. 97/16 against Sarwan Kumar Jaipuriyar, the appellant before us and Anil Kumar, the second respondent before us. The second respondent is the brother of the first respondent.
(2019) 5 AllWC 5066 : (2019) 2 OLR 777 : (2019) 2 OriLawRev 777

(999) M/S. TULSI NARAYAN GARG, SARAWAGI MOHALLA, SHEOPUR THROUGH ITS PROPRIETOR TULSI NARAYAN GARG Vs. THE M.P. ROAD DEVELOPMENT AUTHORITY, BHOPAL AND OTHERS [SUPREME COURT OF INDIA] 30-08-2019
Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Section 7 - Liquidated damages - Recovery proceedings - Once the dispute is pending adjudication before the Arbitral Tribunal constituted under the Adhiniyam, 1983 in terms of clause 25 of the agreement, the respondent was not justified to raise demand on termination of contract claiming liquidated damages and the respondent cannot become an arbiter in its own cause and unless the dispute is settled by a procedure prescribed under the law, t
(2019) 5 RAJ 204

(1000) SYED ZAINUL ABEDEEN Vs. THE RAJASTHAN BOARD OF MUSLIM WAKF [SUPREME COURT OF INDIA] 30-08-2019
The instant appeal is directed against the concurrent finding of all the three Courts below on the issue that the suit filed by the appellant/plaintiff under Section 6 of the Wakf Act, 1954(hereinafter being referred to as the "Act, 1954") was barred by limitation and not maintainable. The appellant/plaintiff filed a suit under Section 6 of the Act, 1954 seeking the following declarations: - "(i)A declaration may be issued to the effect that the property Mandarja Madnumber 14 as mentioned in the
(2019) AllSCR 2047 : (2020) 5 BLJud 222 : (2019) 4 JabLJ 146 : (2019) 8 JT 534 : (2019) 5 RCRCivil 722 : (2019) 11 SCALE 652