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Latest Cases

(981) IN RE COGNIZANCE FOR EXTENSION OF LIMITATION[SUPREME COURT OF INDIA] 10-07-2020
Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings - Therefore, consider it appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. However, if a party intends to effect service by means of said instant messaging ser
(2020) 3 ILRKerala 331 : (2020) 3 KerLJ 626 : (2020) 4 KHC 96 : (2020) 9 SCC 468

(982) IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS[SUPREME COURT OF INDIA] 09-07-2020
Mr. Tushar Mehta, learned Solicitor General has appeared for the State of Maharashtra. We have gone through the affidavit filed by the State of Maharashtra dated 06.07.2020. We do not appreciate the tenor and the claims made in the affidavit filed on behalf of the State of Maharashtra. The present is not an adversarial litigation and it is the duty of the State to find out shortcomings and lapses wherever found and to do the needful. The State cannot claim that unless the State is informed of th
(2020) 7 SCC 399

(983) DAHIBEN Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 09-07-2020
. Limitation Act, 1963 - Article 59 - Suit will be barred by limitation under Article 59 of the Limitation Act, if it was filed beyond three years of the execution of the registered deed.
(2020) AIRSC 3310 : (2020) 143 ALR 689 : (2020) 4 ALT 295 : (2020) 5 AndhLD 17 : (2020) 4 BCR 232 : (2021) 1 CivCC 210 : (2020) 5 CTC 471 : (2020) 3 DNJ 958 : (2020) 4 JKJ 101 : (2020) 7 JT 101 : (2020) 4 KLT 453 : (2020) 199 PLR 460 : (2020) 3 RCRCivil 98 : (2020) 4 RLW 2961 : (2020) 8 SCALE 469 : (2020) 7 SCC 366 : (2020) 3 SimLC 1656

(984) SAKUNTHALA Vs. STATE [SUPREME COURT OF INDIA] 08-07-2020
Mr. Thomas Franklin Caesar, learned counsel, appears on behalf of the appellant. He has submitted before us that given our judgment in K. S. Panduranga v. State of Karnataka, (2013) 3 SCC 721, an appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in-person or the counsel representing him, is not present. Given this judgment, we are inclined to agree with the appellant. Nobody appears
(2020) 3 ApexCourtJudgments(SC) 158 : (2020) 3 CriCC 698

(985) ARYAN RAJ Vs. CHANDIGARH ADMINISTRATION AND OTHERS [SUPREME COURT OF INDIA] 08-07-2020
Rights of Persons with Disabilities Act, 2016 - Section 34 - Exemption from Aptitude test - Diploma course in Fine Art for physically/mentally challenged students - Scheduled Castes/Scheduled Tribes candidates require 35 per cent to pass in the aptitude test, the same shall apply to the disabled persons.
(2020) 3 ApexCourtJudgments(SC) 399

(986) REEPAK KANSAL Vs. SECRETARYGENERAL, SUPREME COURT OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-07-2020
Constitution of India, 1950 - Article 32 - When the pandemic is going on, baseless and reckless allegations are made against the Registry of this Court, which is part and parcel of the judicial system - This Court take judicial notice of the fact that such evil is also spreading in the various High Courts, and Registry is blamed unnecessarily for no good reasons - Expect members of the noble fraternity to respect themselves first - They are an intellectual class of the society. What may be prope
(2020) 3 JLJR 354 : (2020) 7 JT 117 : (2020) 3 PLJR 304 : (2020) 8 SCALE 447 : (2020) 7 SCC 805 : (2020) 3 SimLC 1456

(987) ARUNA OSWAL Vs. PANKAJ OSWAL AND OTHERS [SUPREME COURT OF INDIA] 06-07-2020
Companies Act, 2013 - Sections 241 and 242 - Inheritance of shares - Basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act - Thus, filing of the petition under sections 241 and 242 seeking waiver is a misconceived exercise, firstly, respondent no.1 has to firmly establish his right of inheritance before a civil court to the extent of the shares he is clai
(2020) AIRSC 3088 : (2020) 5 AndhLD 274 : (2020) 157 CLA 121 : (2020) 221 CompCas 374 : (2020) 3 CompLJ 1 : (2020) 6 CTC 944 : (2020) 7 JT 124 : (2020) 3 RCRCivil 85 : (2020) 8 SCALE 454 : (2020) 8 SCC 79 : (2020) 160 SCL 302

(988) NATIONAL INVESTIGATION AGENCY Vs. GAUTAM NAVLAKHA [SUPREME COURT OF INDIA] 06-07-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Unlawful Activities (Prevention) Act, 1967 - Section 43D(4) - Anticipatory bail - Jurisdiction of Court - A reading of the order makes it clear that the accused was given liberty to apply before the jurisdictional court as the courts at Bombay are functioning - This Court noted the same in the order dated 08.04.2020. Thus, in view of the clear order passed by this Court and the time of one week granted by this Court, it was the jurisdiction of
(2020) AIRSC 3188

(989) NATIONAL INVESTIGATION AGENCY Vs. GAUTAM NAVLAKHA [SUPREME COURT OF INDIA] 06-07-2020
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Unlawful Activities (Prevention) Act, 1967 - Section 43D(4) - Anticipatory bail - Jurisdiction of Court - A reading of the order makes it clear that the accused was given liberty to apply before the jurisdictional court as the courts at Bombay are functioning - This Court noted the same in the order dated 08.04.2020. Thus, in view of the clear order passed by this Court and the time of one week granted by this Court, it was the jurisdiction of
(2020) AIRSC 3188 : (2021) ALLMRCri 389

(990) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SATINDER KAUR @ SATWINDER KAUR AND OTHERS [SUPREME COURT OF INDIA] 30-06-2020
Motor Vehicles Act, 1988 - Section 168 - Accidental Death - Contributory negligence - Loss of consortium and loss of love and affection - Income of the deceased in 1984 as per his Employment Contract, was 750 Qatari Riyal p.m. - A comprehensive interpretation to consortium to include spousal consortium, parental consortium, as well as filial consortium - Loss of love and affection is comprehended in loss of consortium - Tribunals and High Courts are directed to award compensation for loss of con
(2020) 4 ACC 1 : (2020) ACJ 2131 : (2020) AIRSC 3076 : (2020) 143 ALR 255 : (2020) 6 AndhLD 39 : (2020) 2 AnWR 116 : (2020) 3 DNJ 931 : (2020) 3 ILRKerala 334 : (2020) 3 JKJ 22 : (2020) 7 JT 1 : (2020) 3 KHC 760 : (2020) 2 LawHeraldSC 1715 : (2020) 3 RCRCivil 75 : (2020) 8 SCALE 482

(991) THE COMMERCIAL TAX OFFICER AND ANOTHER Vs. MOHAN BREWARIES AND DISTRILLERIES LIMITED [SUPREME COURT OF INDIA] 29-06-2020
Tamil Nadu General Sales Tax, 1959 - Section 7A - Levy of purchase Tax - Purchase of empty bottles - Course of business of manufacture and sale of Beer and IMFL - Entire scheme of Section 7-A of the Act, nowhere any exception is provided that if a particular commodity or goods would be subjected to sales tax in the event of their sale, they may not be liable to purchase tax - On the contrary, as rightly observed by the High Court, even if the bottles had been purchased after payment of sales tax
(2020) 78 GSTR 133 : (2020) 8 SCALE 636

(992) AMIT BATHLA AND OTHERS Vs. CENTRAL BOARD OF SECONDARY EDUCATION AND ANOTHER. [SUPREME COURT OF INDIA] 26-06-2020
The core issue involved in these matters is about conducting examinations for classes X and XII of the Central Board of Secondary Education (CBSE) and the Indian Certificate of Secondary Education (ICSE) respectively. As regards CBSE examinations, the CBSE has presented a draft notification for our consideration.After perusing the same and taking into account the suggestions given by the counsel appearing for the concerned parties, we see no difficulty in permitting the CBSE to issue the said no
(2020) 7 SCC 233

(993) MOHD. INAM Vs. SANJAY KUMAR SINGHAL AND OTHERS [SUPREME COURT OF INDIA] 26-06-2020
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 12, 16, 16(1)(b) and 18 - Appeal against order of allotment or release - Sub-letting the property to some other persons who were not the family members of the tenant - A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother's son and their families - As such, the inspection report clearly established, that no pers
(2020) 8 ADJ 572 : (2020) AIRSC 3433 : (2020) 5 AllWC 4372 : (2020) 141 ALR 394 : (2020) 3 DNJ 944 : (2020) 6 JT 571 : (2020) 3 LawHeraldSC 2501 : (2020) 199 PLR 447 : (2020) 2 RCRRent 96 : (2020) 2 RCRRent 96 : (2020) 8 SCALE 497 : (2020) 7 SCC 327

(994) RAJASTHAN STATE WAREHOUSING CORPORATION Vs. STAR AGRIWAREHOUSING AND COLLATERAL MANAGEMENT LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-06-2020
Constitution of India, 1950 - Article 136 - Rajasthan Transparency in Public Procurement Rules, 2013 - Rule 70(8) - Grant of contract - Once the bidding process is complete, the appellant is entitled to take work from the successful bidders rather than taking work from the short-term tenderers who were granted contract in exigency of the situation. In the matters of contract, the grant of interim order to restrain the successful bidders from executing the contract is not in public interest, more
(2020) AIRSC 3185 : (2020) 4 ALT 174 : (2020) 6 JT 463 : (2020) 4 KLT 111 : (2020) 3 LawHeraldSC 2497 : (2020) 2 OriLawRev 170 : (2020) 7 SCALE 745

(995) SHAKTI NATH AND OTHERS Vs. ALPHA TIGER CYPRUS INVESTMENT NO.3 LTD. AND OTHERS [SUPREME COURT OF INDIA] 23-06-2020
Share Purchase Agreement (SPA) - Requesting for the execution of the SPA - The SPA is in the nature of an agreement to transfer shares at a future date - Application for execution of the SPA is justified - GLI has deposited an amount of Rs. 10,00,00,000 as down payment - This Court vide Order dated 24.04.2020 directed the Registry to invest the amount in an interest­bearing deposit for 6 months on auto renewal basis.
(2020) AIRSC 3072 : (2020) 8 SCALE 162

(996) ODISHA VIKASH PARISHAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-06-2020
Jagannath Rath Yatra - This Court Suggested to the parties that the procession of chariots, i.e., the Rath Yatra itself, could be allowed to proceed, however, without the general congregation which participates in this Yatra and informed that it would be well nigh impossible to ensure that there is no congregation - This Court was left with no option but to grant an injunction restraining the Rath Yatra itself - An affidavit filed on behalf of the State of Orissa stating
(2020) 2 OriLawRev 152 : (2020) 7 SCC 264

(997) JYOTI AND ANOTHER Vs. TRILOK SINGH CHOUHAN [SUPREME COURT OF INDIA] 19-06-2020
These appeals arise from a judgment and order of a learned Single Judge of the Indore Bench of the High Court of Madhya Pradesh dated 22 July 2016. Allowing a revision under Section 19(4) of the Family Courts Act 1984, the learned Single Judge set aside an order of the Principal Judge of the Family Court at Indore dated 30 October 2014. The Family Court allowed a claim for maintenance by the Appellant under Section 125 of the Code of Criminal Procedure 1973 at Rs 3
(2020) 2 ALTCrl 509 : (2020) 3 RCRCriminal 35

(998) JINOFER KAWASJI BHUJWALA Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 19-06-2020
Penal Code, 1860 (IPC) - Sections 406, 409, 420, 465, 468, 471 and 120B - Prevention of Corruption Act, 1988 - Section 13(1)(d) - Arbitration and Conciliation Act, 1996 - Sections 9 and 17 - Bail application - Gujarat Maritime Board lodged a complaint with the CID Crime, alleging that ANL was guilty of (1) inflation of cost (2) non execution of certain works (3) creation of shell companies and carrying out work through them (4) siphoning and round tripping of funds through those companies (5) no
(2020) 112 ACrC 834 : (2020) AIRSC 2862 : (2020) 2 ALTCrl 473 : (2020) 2 AndhLDCriminal 889 : (2020) CriLJ 3547 : (2020) CriLR 819 : (2020) 2 Crimes 220 : (2020) 6 JT 376 : (2020) 3 LawHeraldSC 2428 : (2020) 4 MLJCriminal 424 : (2020) 199 PLR 437 : (2020) 8 SCALE 167 : (2020) 6 SCC 298 : (2020) 3 SCCCri 268

(999) S.KASI Vs. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT [SUPREME COURT OF INDIA] 19-06-2020
Penal Code, 1860 (IPC) - Sections 457, 380, 457(2), 380(2), 411(2) and 414(2) - Criminal Procedure Code, 1973 (CrPC) - Sections 167 and 167(2) - Pray for grant of default bail due to non-submission of charge sheet - View of the learned Single Judge that the restrictions, which have been imposed during period of lockdown by the Government of India should
(2020) 113 ACrC 997 : (2020) AIRSC 2921 : (2020) 2 ALTCrl 373 : (2020) 2 AndhLDCriminal 725 : (2020) 3 CriCC 162 : (2020) CriLJ 3588 : (2020) CriLR 843 : (2020) 2 Crimes 289 : (2020) 4 CTC 587 : (2020) 3 JabLJ 194 : (2021) 1 JCC 694 : (2020) 3 JKJ 282 : (2020) 6 JT 363 : (2020) 3 KerLJ 541 : (2020) 3 KHC 600 : (2020) 4 KLT 174 : (2020) 3 LawHeraldSC 2394 : (2020) 2 LWCri 148 : (2020) 3 MLJCriminal 229 : (2020) 2 OriLawRev 44 : (2020) 2 RLW 1498 : (2020) 7 SCALE 748

(1000) LAXMI SINGH AND OTHERS Vs. REKHA SINGH AND OTHERS [SUPREME COURT OF INDIA] 19-06-2020
Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 - Section 28(8) - Representation of the People Act, 1951 - Section 94 - Election - No confidence Motion - Fundamental principles of election law pertains to the maintenance of free and fair elections, ensuring the purity of elections - Principle of secrecy of ballots is an important postulate of constitutional democracy whose aim is the achievement of this goal
(2020) AIRSC 2866 : (2020) 4 AllWC 3087 : (2020) 142 ALR 545 : (2020) 4 ALT 177 : (2020) 3 DNJ 1170 : (2020) 6 JT 593 : (2020) 2 LawHeraldSC 1534 : (2020) 199 PLR 378 : (2020) 148 RD 527 : (2020) 7 SCALE 765 : (2020) 6 SCC 812