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(981) MUNISH KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2020
The father of the appellant was an employee of the first respondent. He died while in service on 16 June 2004. Though he had applied for retirement on medical grounds prior to the date of death, it is not in dispute that the application was approved only on 17 June 2004, after the employee had died (the application was approved with effect from 8 April 2003). The application for compassionate appointment has been rejected on the ground that under the policy on compassionate appointment dated 18
(2020) 3 SCT 496

(982) MUNISH KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2020
The father of the appellant was an employee of the first respondent. He died while in service on 16 June 2004. Though he had applied for retirement on medical grounds prior to the date of death, it is not in dispute that the application was approved only on 17 June 2004, after the employee had died (the application was approved with from 8 April 2003). The application for compassionate appointment has been rejected on the ground that under the policy on compassionate appointment dated 18 January
(2020) 3 SCT 496

(983) ARNAB RANJAN GOSWAMI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2020
Transfer of Investigation to CBI - Accused cannot ask for changing the investigating agency or to do investigation in a particular manner including for court-monitored investigation.
(2020) AIRSC 2386 : (2020) AIRSCCri 978 : (2020) 2 ALTCrl 268 : (2020) 3 BomCR(Cri) 275 : (2020) 2 Crimes 136 : (2020) 4 JabLJ 623 : (2020) 3 JKJ 143 : (2020) 5 JT 334 : (2020) 2 LawHeraldSC 1162 : (2020) 7 SCALE 627 : (2020) 14 SCC 12

(984) KAVITA KANWAR Vs. MRS. PAMELA MEHTA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2020
Succession Act, 1925 - Sections 63, 81,89, 268 and 276 - Civil Procedure Code, 1908 (CPC) - Section 151 - Evidence Act, 1872 - Section 68 - Grant of probate of Will - Prayer of the appellant for grant of probate in relation to the Will in question has been declined concurrently by the Trial Court and by the High Court essentially after finding several unexplained suspicious circumstances surrounding the Will in question. Being aggrieved, the petitioner-appellant, who was appointed as the executo
(2020) AIRSC 2614 : (2020) 4 AndhLD 82 : (2020) 4 CTC 429 : (2020) DNJ 644 : (2020) 6 JT 105 : (2020) 2 RCRCivil 613 : (2020) 8 SCALE 535

(985) THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION Vs. RAVUTHAR DAWOOD NASEEM [SUPREME COURT OF INDIA] 19-05-2020
Industrial Disputes Act, 1947 - Sections 10(1) and 10(1)(d) - Regularisation of workmen - Whether the services of workmen employed in different Food Storage depots in Food Corporation of India, where notifications have been issued prohibiting engagement of contract labourers under Section 10(1) of CL (R and A) Act are entitled to be regularised and if so, from which date
(2020) AIRSC 2498 : (2020) 3 AndhLD 113 : (2020) 166 FLR 544) : (2020) 5 JT 318 : (2020) 2 LabLN 600 : (2020) 2 LLN 600 : (2020) 7 SCALE 603 : (2020) 2 SCT 529

(986) BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY AND ANOTHER Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 19-05-2020
Karnataka Industrial Areas Development Act, 1966 - Section 28(4) - Karnataka Town and Country Planning Act, 1961 - Sections 4A(1), 15, 15(2) and 15(4) - Permission for development of building or land - Appellants had permitted the Project Proponents to construct housing complex at a location outside the demarcated area for five Townships referred to in the FWA - Similarly, as the stated location was falling in yellow zone being residential, the other neighbouring private land owners were permit
(2020) AIRSC 2747 : (2020) 8 SCALE 332

(987) ATUL ARUN GONEL Vs. PRIYA ATUL GONEL [SUPREME COURT OF INDIA] 19-05-2020
Contempt of Court Act, 1971 - Section 2 and 12 - Civil Contempt - Wilful breach of undertaking - Failure on part of the husband to pay the amount of maintenance - Since there was complete failure on part of the husband to abide by the terms of Undertaking, the High Court in the order which is presently under appeal found the husband guilty of contempt and sentenced him to undergo six months simple imprisonment in Civil Prison and directed that he be taken into custody - No reason to interfere in
(2020) AIRSC 4720

(988) ATUL ARUN GONEL Vs. PRIYA ATUL GONEL [SUPREME COURT OF INDIA] 19-05-2020
Contempt of Court Act, 1971 - Section 2 and 12 - Civil Contempt - Wilful breach of undertaking - Failure on part of the husband to pay the amount of maintenance - Since there was complete failure on part of the husband to abide by the terms of Undertaking, the High Court in the order which is presently under appeal found the husband guilty of contempt and sentenced him to undergo six months simple imprisonment in Civil Prison and directed that he be taken into custody - No reason to interfere in
(2020) AIRSC 4720

(989) RAHUL @ VIJAY Vs. THE STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 15-05-2020
Mr. Abhishek Gupta, learned counsel appearing for the petitioner submits that the petitioner is tested positive for COVID-19 and he is undergoing treatment for the same. The said submission is recorded. We desire to release the petitioner on bail only on the aforementioned ground for a temporary period of two months so as to enable the petitioner to take treatment properly. We make it clear that we have not considered the matter on merits.
(2020) 2 RCRCriminal 630

(990) JAGMAIL SINGH AND ANOTHER Vs. KARAMJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 13-05-2020
Evidence Act, 1872 - Section 65 and 66 - Secondary evidence - Will - Prove of - It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being the reasons as to why the original Evidence has not been furnished. (Para 11)
(2020) AIRSC 2319 : (2020) AIRSCCivil 1729 : (2020) 141 ALR 705 : (2020) 4 ALT 21 : (2020) 4 AndhLD 76 : (2020) 3 ApexCourtJudgments(SC) 443 : (2020) 3 CivCC 282 : (2020) 5 CTC 490 : (2020) 130 CutLT 152 : (2020) DNJ 551 : (2020) 2 ILRKerala 575 : (2020) 3 JKJ 212 : (2020) 5 JT 157 : (2020) 3 LawHeraldSC 2441 : (2021) 1 MhLJ 496 : (2021) 1 MPLJ 69 : (2020) 2 RCRCivil 510 : (2020) 149 RD 280 : (2020) 7 SCALE 437 : (2020) 5 SCC 178

(991) RAMNATH AGRAWAL AND OTHERS Vs. FOOD CORPORATION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-05-2020
Transfer of Property Act, 1882 - Section 105 - Lease Agreement- An agreement to be considered as a lease and not as an agreement to lease it is important that there must be an actual demise of property on the date of the agreement

(992) KANTARU RAJEEVARU Vs. INDIAN YOUNG LAWYERS ASSOCIATION AND OTHERS [SUPREME COURT OF INDIA] 11-05-2020
We have heard the parties at length. For reasons to follow, we hold that this Court can refer questions of law to a larger bench in a Review Petition.
(2020) 4 CTC 715 : (2020) 9 SCC 121

(993) KANTARU RAJEEVARU Vs. INDIAN YOUNG LAWYERS ASSOCIATION AND OTHERS [SUPREME COURT OF INDIA] 11-05-2020
The following issues are framed for consideration by this Court: - What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India? What is the inter-play between the rights of persons under Article 25 of the Constitution of India and rights of religious denomination under Article 26 of the Constitution of India? Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the
(2020) 9 SCC 121

(994) FOUNDATION FOR MEDIA PROFESSIONALS Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND ANOTHER[SUPREME COURT OF INDIA] 11-05-2020
Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 - Rule 2(2) - Restoration of 4G speed internet services in Jammu and Kashmir - Rejection of - Every order passed under Rule 2(2) of the Telecom Suspension Rules restricting the internet is to be placed before a Review Committee which provides for adequate procedural and substantive safeguards to ensure that the imposed restrictions are narrowly tailored. However - Since the issues involved affect the State,
(2020) 4 ALT 34 : (2020) 5 JT 163 : (2020) 7 SCALE 442 : (2020) 5 SCC 746 : (2020) 3 SCCCri 194 : (2020) 2 SimLC 995

(995) THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR AND ANOTHER Vs. ASHISH GAUTAM AND OTHERS [SUPREME COURT OF INDIA] 11-05-2020
Environment Law - Sisodia Rani ka Bagh (Monument) - Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only - No activity to be permitted after 8.00 P.M. - Use of laser lights, loud music, and fireworks is ordered to be completely restrained - Musical and other fountains to be maintained and to be kept in working order.
(2020) 10 FLT 529 : (2020) 5 JT 172 : (2020) 2 LawHeraldSC 1569 : (2020) 7 SCALE 421 : (2020) 5 SCC 112 : (2020) 2 SimLC 926

(996) SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) Vs. OIL INDIA LIMITED [SUPREME COURT OF INDIA] 11-05-2020
Arbitration and Conciliation Act, 1996 - Sections 27, 34 and 37 - Contract Act, 1872 - Sections 56 and 65 - Arbitral award - Interpretation of contract - High Court held that the interpretation of the terms of the contract by the Arbitral Tribunal is erroneous and is against the public policy of India - On the scope of judicial review under Section 37 of the Arbitration Act, the High Court held that the Court had the power to set aside the award as it was passed overlooking the terms and conditi
(2020) AIRSC 2323 : (2020) AIRSCCivil 1734 : (2020) 4 ALT 47 : (2020) 3 ApexCourtJudgments(SC) 448 : (2020) 3 ArbiLR 51 : (2020) 158 CLA 291 : (2020) 6 CTC 644 : (2020) DNJ 601 : (2020) 5 JT 176 : (2020) 3 LawHeraldSC 2432 : (2021) 1 MhLJ 502 : (2021) 1 MPLJ 23 : (2020) 7 SCALE 387 : (2020) 5 SCC 164

(997) BIHAR STAFF SELECTION COMMISSION AND OTHERS Vs. ARUN KUMAR AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Constitution of India, 1950 - Articles 142 and 226 - Service Law - Recruitment - BSSC is directed to evaluate and publish the results afresh, in the light of the recommendations and report of the experts (constituted by this court) subject to care being taken by the BSSC and the Govt. of Bihar, not to disturb appointments made previously pursuant to the directions of the single judge - In case the number of selected candidates (on the basis of the revised result) exceeds the vacancies available
(2020) 3 ApexCourtJudgments(SC) 746 : (2020) 2 ESC 272 : (2020) 5 JT 187 : (2020) 3 LabLN 24 : (2020) 4 LLJ 378 : (2020) 3 LLN 24 : (2020) 6 SCALE 110 : (2020) 6 SCC 362 : (2020) 2 SCCLS 354 : (2020) 2 SCT 609 : (2020) 2 SimLC 944

(998) STATE OF RAJASTHAN Vs. MEHRAM AND OTHERS [SUPREME COURT OF INDIA] 06-05-2020
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 300, 304, 304 Part I, 323, 307, 326 and 302 - Criminal Procedure Code, 1973 (CrPC) - Section 377(3) – Murder - Restoration of conviction - As the death of deceased was caused by the act of accused No. 5 giving one fatal blow on the head, which was with the intention of causing his death or causing such bodily injury as is likely to cause death, the case would be covered by Section 304 Part I, IPC - It is certainly not a case to simply proceed unde
(2020) AIRSC 2089 : (2020) AIRSCCri 886 : (2020) 3 ApexCourtJudgments(SC) 273 : (2020) 3 CriCC 514 : (2020) CriLR 529 : (2020) CriLR 529 : (2020) 2 Crimes 54 : (2020) 3 JKJ 187 : (2020) 5 JT 1 : (2020) 2 LawHeraldSC 1703 : (2020) 2 MLJCriminal 673 : (2020) 6 SCALE 398 : (2020) 5 SCC 143

(999) CLP INDIA PRIVATE LIMITED Vs. GUJARAT URJA VIKAS NIGAM LTD AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2020
Electricity Act, 2003 - Section 125 - Electricity Supply Act, 1948 - Section 43(A) - Determination of tariff for sale of electricity by the generating company to the Electricity Boards - Agreement between the parties was that interest on the sum of Rs. 53.90 crores was payable for the specified period 01.07.2003 to 31.12.2009 -Therefore, CLP's claim that any amount was payable, for any period prior to 01.07.2003, was not tenable - Had CLP wished so, nothing prevented it to claim for it during ne
(2020) AIRSC 2584 : (2020) 2 CPR 63 : (2021) 1 MPLJ 188 : (2020) 6 SCALE 298 : (2020) 5 SCC 185

(1000) ASSISTANT COMMISSIONER (CT) LTU, KAKINADA AND OTHERS Vs. M/S. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED [SUPREME COURT OF INDIA] 06-05-2020
Andhra Pradesh Value Added Tax Act, 2005 - Section 31 - Constitution of India, 1950 - Article 226 - Assessment order - It is well settled that rejection of delay application by the appellate forum does not entail in merger of the assessment order with that order – Appeal allowed.
(2020) AIRSC 2819 : (2020) 4 AndhLD 199 : (2021) 1 CTC 844 : (2020) 36 GSTL 305 : (2020) 77 GSTR 342 : (2020) 5 JT 64 : (2020) 4 MhLJ 1 : (2020) 4 MLJ 652 : (2020) 4 MPLJ 8 : (2020) 6 SCALE 553