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(981) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS S[SUPREME COURT OF INDIA] 02-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 161 and 161(3) - Installation of CCTV cameras in police stations - State Level Oversight Committee (SLOC) and the Central Oversight Body (COB) (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV. This shall be done by large posters in E
(2021) 217 AIC 46 : (2021) AIRSC 64 : (2021) 1 ALTCrl 374 : (2021) 1 CriCC 648 : (2021) CriLJ 750 : (2021) 1 Crimes 40 : (2021) 2 HimLR 1006 : (2021) 1 JabLJ 349 : (2021) 1 JLJR 389 : (2020) 6 KHC 624 : (2021) 1 NCC 1 : (2021) 1 OriLawRev 211 : (2021) 1 PLJR 409 : (2020) 13 SCALE 526 : (2021) 1 SCC 184 : (2021) 1 SCCCri 470 : (2021) 1 TNLR 406

(982) M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED Vs. THE EMPLOYEES' PROVIDENT FUND ORGANISATION AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3)(B) and 7A - Private Security Agencies (Regulation) Act, 2005 - Section 2(g) - Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act - Appellant is engaged in the specialised and expert services of providing trained and efficient security guards to its clients on payment basis - Contention t
(2020) 12 ADJ 114 : (2021) AIRSC 42 : (2021) AIRSCCivil 610 : (2021) 1 AllLJ 616 : (2021) 1 CLR 281 : (2021) 1 DNJ 83 : (2020) 12 JT 45 : (2021) LabLR 107 : (2021) 1 LLJ 1 : (2020) 13 SCALE 534 : (2021) 1 SCC 193 : (2021) 1 SCT 43 : (2021) 1 SLR 49

(983) SANDEEP KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Evidence Act, 1872 - Section 113B - Penal Code, 1860 (IPC) - Section 304B - Dowry death - Acquittal - No poison has been recovered at all from the house of the appellants - There are no marks of injury at all on the deceased - Even the material (wiper) recovered, according to prosecution, and which allegedly was used to clean vomit of the deceased, did not disclose any poison - Statement of Medical Practitioner (DW2) that the deceased was having weight of 39 kilograms and weight below normal as
(2021) 218 AIC 107 : (2021) AIRSC 691 : (2021) 1 AndhLDCriminal 936 : (2021) 1 ApexCourtJudgments(SC) 394 : (2021) 2 CriCC 277 : (2020) 4 Crimes 508 : (2021) 1 DMC 92 : (2020) 12 JT 21 : (2020) 4 LawHeraldSC 3315 : (2020) 4 MLJCriminal 667 : (2021) 1 NCC 85 : (2020) 13 SCALE 553 : (2021) 1 TNLR 440

(984) TODAY HOMES AND INFRASTRUCTURE PRIVATE LIMITED Vs. AJAY NAGPAL AND OTHERS [SUPREME COURT OF INDIA] 02-12-2020
Consumer Protection Act, 1986 - Section 12 - Whether proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016 - Held, Remedies available under CPA and RERA are concurrent.
(2020) 3 ApexCourtJudgments(SC) 1 : (2021) 1 CivCC 687

(985) NIMAY SAH Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 02-12-2020
Penal Code, 1860 (IPC) - Sections 304B and 498A - Dowry death - Appeal against conviction and sentence - No specific instance of hostile attitude or persistent demands of dowry have been pointed out by any of witnesses - Brother of deceased has admitted in his cross-examination that the deceased used to write him letters from her matrimonial place, and that, none of the letters mention any harassment on account of demand of dowry - All other independent witnesses have turned hostile and have not
(2021) AIRSC 159 : (2021) 1 Crimes 46 : (2021) 1 DMC 128 : (2020) 12 JT 50 : (2020) 13 SCALE 531 : (2021) 1 SCJ 307

(986) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS S[SUPREME COURT OF INDIA] 02-12-2020
Criminal Procedure Code, 1973 (CrPC) - Section 161 and 161(3) - Installation of CCTV cameras in police stations - State Level Oversight Committee (SLOC) and the Central Oversight Body (COB) (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV. This shall be done by large posters in E
(2021) AIRSC 64 : (2021) CriLJ 750 : (2021) 1 Crimes 40 : (2020) 6 KHC 624 : (2020) 13 SCALE 526 : (2021) 1 SCC 184

(987) M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED Vs. THE EMPLOYEES' PROVIDENT FUND ORGANISATION AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3)(B) and 7A - Private Security Agencies (Regulation) Act, 2005 - Section 2(g) - Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act - Appellant is engaged in the specialised and expert services of providing trained and efficient security guards to its clients on payment basis - Contention t
(2020) 12 ADJ 114 : (2021) AIRSC 42 : (2020) 12 JT 45 : (2021) 1 LLJ 1 : (2020) 13 SCALE 534 : (2021) 1 SCC 193

(988) SANDEEP KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2020
Evidence Act, 1872 - Section 113B - Penal Code, 1860 (IPC) - Section 304B - Dowry death - Acquittal - No poison has been recovered at all from the house of the appellants - There are no marks of injury at all on the deceased - Even the material (wiper) recovered, according to prosecution, and which allegedly was used to clean vomit of the deceased, did not disclose any poison - Statement of Medical Practitioner (DW2) that the deceased was having weight of 39 kilograms and weight below normal as
(2021) AIRSC 691 : (2020) 4 Crimes 508 : (2021) 1 DMC 92 : (2020) 12 JT 21 : (2020) 4 MLJCriminal 667 : (2020) 13 SCALE 553

(989) TODAY HOMES AND INFRASTRUCTURE PRIVATE LIMITED Vs. AJAY NAGPAL AND OTHERS [SUPREME COURT OF INDIA] 02-12-2020
Consumer Protection Act, 1986 - Section 12 - Whether proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016 - Held, Remedies available under CPA and RERA are concurrent.
(2020) 3 ApexCourtJudgments(SC) 1 : (2021) 1 CivCC 687

(990) THE STATE OF JHARKHAND AND OTHERS Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER [SUPREME COURT OF INDIA] 01-12-2020
Jharkhand Industrial Policy, 2012 - Clauses 32.10 and 35.7(b) - Bihar Electricity Duty Act 1948 - Section 9 - Whether the respondent is entitled to claim a rebate or deduction of 50 per cent of the amount assessed towards electricity duty for FYs 2011-12, 2012-13 and 2013-14 - Rebate/deduction on electricity duty for a period of five years from the commencement of production - Respondent commenced production on 17 August 2011 - Respondent would not be entitled to a rebate/deduction for FY 2011-1
(2021) 1 JLJR 44 : (2020) 12 JT 78 : (2021) 1 PLJR 59 : (2020) 13 SCALE 500 : (2021) 1 SCJ 131

(991) S.D. CONTAINERS INDORE Vs. M/S. MOLD TEK PACKAGING LTD. [SUPREME COURT OF INDIA] 01-12-2020
Design Act, 2000 - Sections 19 and 22(4) - Revocation/Cancellation of Registration - Transfer of suit - Any application for cancellation of registration under Section 19 could be filed only before the Controller and not to the High Court - Therefore, in these circumstances, it was held that the High Court would be entitled to assume jurisdiction only in appeal - It was not a case of suit for infringement in which the defendant has raised a plea of revocation of registration which is required to
(2021) 218 AIC 33 : (2021) AIRSC 424 : (2021) AIRSCCivil 1008 : (2021) 1 AndhLD 287 : (2021) 1 BCR 10 : (2021) 2 CTC 663 : (2021) 1 DNJ 75 : (2021) 1 JabLJ 206 : (2021) 85 PTC 1 : (2020) 13 SCALE 491 : (2021) 3 SCC 289

(992) THE STATE OF JHARKHAND AND OTHERS Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER [SUPREME COURT OF INDIA] 01-12-2020
Jharkhand Industrial Policy, 2012 - Clauses 32.10 and 35.7(b) - Bihar Electricity Duty Act 1948 - Section 9 - Whether the respondent is entitled to claim a rebate or deduction of 50 per cent of the amount assessed towards electricity duty for FYs 2011-12, 2012-13 and 2013-14 - Rebate/deduction on electricity duty for a period of five years from the commencement of production - Respondent commenced production on 17 August 2011 - Respondent would not be entitled to a rebate/deduction for FY 2011-1
(2020) 12 JT 78 : (2020) 13 SCALE 500 : (2021) 1 SCJ 131

(993) S.D. CONTAINERS INDORE Vs. M/S. MOLD TEK PACKAGING LTD. [SUPREME COURT OF INDIA] 01-12-2020
Design Act, 2000 - Sections 19 and 22(4) - Revocation/Cancellation of Registration - Transfer of suit - Any application for cancellation of registration under Section 19 could be filed only before the Controller and not to the High Court - Therefore, in these circumstances, it was held that the High Court would be entitled to assume jurisdiction only in appeal - It was not a case of suit for infringement in which the defendant has raised a plea of revocation of registration which is required to
(2021) AIRSC 424 : (2021) 1 BCR 10 : (2020) 13 SCALE 491

(994) GAJENDRA SHARMA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-11-2020
RBI Loan moratorium - Scheme for grant of ex-gratia payment of difference between compound interest and simple interest for six months to borrowers in specified loan accounts (1.3.2020 to 31.8.2020) - It is submitted that as a follow-up towards the implementation of the Scheme, the nodal agency, i.e. State Bank of India, has informed that as on 13.11.2020, as per provisional, unaudited information received so far from various lending institutions, such lending institutions have released ex-grati
(2021) 131 CutLT 372 : (2020) 4 DNJ 1523 : (2020) 11 JT 291 : (2020) 13 SCALE 436 : (2021) 1 SCC 210

(995) ARNAB MANORANJAN GOSWAMI Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-11-2020
Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 (CrPC) - Section 439 - Grant of Bail - Power of the High Court - High Court must exercise its power with caution and circumspection, cognizant of the fact that this jurisdiction is not a ready substitute for recourse to the remedy of bail under Section 439 of the CrPC - Petition before the High Court was instituted under Article 226 of the Constitution and Section 482 of the CrPC - While dealing with the petition under sec
(2021) AIRSC 1 : (2020) ALLMRCri 4347 : (2021) 1 ALTCrl 1 : (2021) CriLJ 517 : (2021) CriLJ 517 : (2020) 4 Crimes 428 : (2021) 1 HimLR 59 : (2021) 1 JabLJ 102 : (2021) 1 JLJR 169 : (2020) 11 JT 257 : (2020) 4 LawHeraldSC 3165 : (2021) 3 MhLJCrl 499 : (2020) 4 MLJCriminal 639 : (2021) 1 OriLawRev 13 : (2021) 1 PLJR 85 : (2021) 1 RLW 179 : (2020) 13 SCALE 311 : (2021) 2 SCC 427 : (2021) 1 SCCCri 834 : (2021) 1 TNLR 878

(996) DR. PRERIT SHARMA AND OTHERS Vs. DR. BILU B.S. & ORS. [SUPREME COURT OF INDIA] 27-11-2020
Admission - Super Specialty Medical Courses - Reservation - This Court direct that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021 - This Court reiterate that the above direction would be operative only for the current academic year i.e. 2020-2021 - List the Appeals and the Writ Petition for hearin
(2021) AIRSC 297 : (2021) AIRSCCivil 925 : (2020) 4 CPR 274 : (2020) 13 SCALE 416

(997) MADRAS BAR ASSOCIATION Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-11-2020
Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020 - Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals - Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill same criteria as advocates
(2020) 159 CLA 468 : (2020) 374 ELT 817 : (2021) 1 ESC 152 : (2021) 1 ILRKerala 172 : (2021) 1 ILRKerala 172 : (2021) 1 JLJR 132 : (2020) 11 JT 499 : (2020) 8 MLJ 584 : (2020) 13 SCALE 443

(998) INDIAN COMMODITY EXCHANGE LIMITED Vs. NEPTUNE OVERSEAS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 27-11-2020
- A lot of noise but no music! The present case is a classic one where multiple proceedings have been initiated but have resulted in no culmination over a period just short of a decade. And this is not so because of any interdicts from the courts in preventing these legal proceedings, yet the proceedings have hardly moved. The result is that the culpability of the first two respondents herein has not been determined - thus, a cloud hangs over their conduct and that is all
(2020) 8 MLJ 709 : (2020) 13 SCALE 422

(999) INDIAN COMMODITY EXCHANGE LIMITED Vs. NEPTUNE OVERSEAS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 27-11-2020
- A lot of noise but no music! The present case is a classic one where multiple proceedings have been initiated but have resulted in no culmination over a period just short of a decade. And this is not so because of any interdicts from the courts in preventing these legal proceedings, yet the proceedings have hardly moved. The result is that the culpability of the first two respondents herein has not been determined - thus, a cloud hangs over their conduct and that is all
(2020) 8 MLJ 709 : (2020) 13 SCALE 422

(1000) SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 26-11-2020
Penal Code, 1860 (IPC) - Sections 34, 471, 468, 467, 420, 419 and 406 - Quashing of FIR - Cheat devices (emissions) installed in vehicles - Power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint
(2021) 218 AIC 99 : (2021) AIRSC 931 : (2021) 2 AllLJ 692 : (2020) 3 ApexCourtJudgments(SC) 583 : (2021) 1 CriCC 30 : (2020) 4 Crimes 455 : (2021) 1 RCRCriminal 171 : (2020) 13 SCALE 343 : (2021) 1 TNLR 538

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