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Latest Cases

(981) NATIONAL LEGAL SERVICES AUTHORITY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-03-2023
However, the applicant would be at liberty to pursue such remedies as are independently available in law.
India Law Library Docid # 1603016

(982) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. RATTAN INDIA POWER LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-03-2023
Shri Balbir Singh, learned Additional Solicitor General of India (‘ASG” for short) appearing on behalf of the Distribution Company (“DISCOM” for short), submits that though the respondent gets a specific quantity for a particular month out of the Annual Contracted Quantity (ACQ), in the event the same is not utilized for a particular month, it is not carried forward to the next month, thereby giving undue benefit to the generator.
India Law Library Docid # 1603057

(983) HEMANTBHAI BALVANTBHAI PATEL AND ANOTHER Vs. THE STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 24-03-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Quashing of criminal proceedings - Family dispute - As per the allegations in the FIR in question, appellant No.1 by forging the signature of the complainant included the name of appellant No.2 – grandson in the joint bank account of appellant No.1 and the complainant and thereafter appellant No.2 on the basis of the bank slips withdrew a total sum of Rs. 10,50,000/- from the joint bank account, which was originally the joint account of appell
India Law Library Docid # 1602941

(984) THE MAHARASHTRA STATE CO-OPERATIVE BANK LIMITED Vs. BABULAL LADE AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Service Law - Dues of salaries/wages - Amount of Rs. 3.52 crores deposited by the bank, deposited with this Court pursuant to the earlier order passed by this Court with the interest accrued thereon be transferred in the account of the Collector, Bhandara so as to enable the Collector, Bhandara to distribute the same to the concerned employees/legal heirs of the employes of the sugar factory in liquidation - Amount of Rs. 13,89,84,3374/- lying with the Industrial Court, Bhandara along with the i
India Law Library Docid # 1602942

(985) THE STATE OF ODISHA AND OTHERS Vs. RADHESHYAM AGRAWAL [SUPREME COURT OF INDIA] 24-03-2023
Contract - Levy of penalty while granting extension of time is wholly without authority of the law and is illegal - While granting extension of time, no opportunity of being heard has been given to the contractor as to why the penalty may not be imposed while granting extension of time and at what rate - In a given case, the State Government might be justified in imposing the penalty while granting the extension
India Law Library Docid # 1602943

(986) ANIL MINDA AND OTHERS Vs. COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 24-03-2023
Income Tax Act, 1961 - Section 158BC and 158BE - Time limitation for commencement of block assessment - Date of the Panchnama last drawn would be the relevant date for considering the period of limitation of two years and not the last date of authorization.
India Law Library Docid # 1602944

(987) GOVERNMENT OF NCT OF DELHI Vs. VIJAY GUPTA AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of Acquisition proceedings - Appeal against - A subsequent purchaser has no locus to challenge the acquisition/lapsing of the acquisition - High Court has materially erred in entertaining the writ petition preferred by the original writ petitioners praying for lapsing of the acquisition - Appeal allowed.
India Law Library Docid # 1602947

(988) MARSH INDIA INSURANCE BROKERS PRIVATE LIMITED Vs. M/S ATKINS SPECIAL RISKS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Re-insurance cover of another firm - Adoption of illegal means - Dismissal of complaint - No proof of evidence had been brought in by the representative of the first respondent to prove his allegations and the authority could not further proceed with the complaint - There was no scope of interference by the Tribunal with the order of the Insurance Regulatory and Development Authority of India (IRDA) - Order of dismissal of complaint by IRDA is sustained.
India Law Library Docid # 1602980

(989) ARUP BHUYAN Vs. STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 24-03-2023
Unlawful Activities (Prevention) Act 1967 - Section 10(a)(i) - Once a person who is a member of such unlawful association continues to be a member of such unlawful association then he has to face the consequences and is subjected to the penal provisions as provided under Section 10 more particularly Section 10(a)(i) of the UAPA, 1967 - Mere possibility of misuse cannot be a ground and/or relevant consideration while considering the constitutionality of a provision - Section 10(a)(i) does not suf
India Law Library Docid # 1602950

(990) MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Determination of correctness of a caste or tribe claim - Affinity test is not a litmus test to decide a caste claim and is not an essential part in the process of the determination of correctness of a caste or tribe claim in every case - Affinity test cannot be conclusive either way - When an affinity test is conducted by the Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for
India Law Library Docid # 1602951

(991) THE STATE OF TRIPURA AND ANOTHER Vs. CHANDAN DEB AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Tripura Sales Tax Act, 1976 - Sections 3(1) and 44 - Tripura Sales Tax Rules, 1976 - Rule 3A(2) - Transfer of right to use the goods - Liability to pay the tax - Rules are framed in exercise of Rule-making power under Section 44 of the Act and in that view of the matter and as the liability to pay the tax on transfer of right to use the goods shall still be continued under proviso to Section 3(1), mere providing for mode of recovery and/or providing for machinery/mechanism to recover the tax to
India Law Library Docid # 1602939

(992) COMMISSIONER OF CENTRAL EXCISE, MUMBAI - 1 Vs. M/S. MORARJEE GOKULDAS SPG. & WVG. CO. LIMITED [SUPREME COURT OF INDIA] 24-03-2023
Central Excise Act, 1944 - Sections 11A and 35E - Notice under Section 11A of the Central Excise Act, 1944 - Requirement of - Once the order in sanctioning the refund came to be set aside in a proceeding under Section 35E of the Act and the proceedings under Section 35E was initiated within the time prescribed under Section 35E of the Act, thereafter there is no question of any further notice under Section 11A of the Central Excise Act.
India Law Library Docid # 1602940

(993) IN RE: CONTAGION OF COVID-19 VIRUS IN PRISONS AND DIRECTOR GENERAL (PRISONS) Vs. [SUPREME COURT OF INDIA] 24-03-2023
Covid-19 - Parole - All those under trials/convicts who have been released on Emergency Parole/Interim Bail pursuant to the recommendation of the High-Powered Committee during the COVID-19, in compliance of the Orders passed by this Court in Suo Moto Writ Petition No. 01/2020, have to surrender before the concerned prison authorities within 15 days.
India Law Library Docid # 1602945

(994) ANIL KUMAR Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Penal Code, 1860 (IPC) - Sections 302 and 34 - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 - Section 3(3) - Murder - Period of emergency parole granted during COVID-19 will not be counted towards actual sentence period - Section 3(3) of the Act, 1988, which specifically provides that the period of temporary release shall not be counted towards the total period of the sentence of a prisoner - When the petitioner has been convicted for the offences under Sections 302/34 of IPC and
India Law Library Docid # 1602946

(995) YESHWANTH SHENOY Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 24-03-2023
Stay of order - Proceedings before the High Court are conducted on day to day basis and the interim order passed by the High Court staying the order passed by the NGT dated 27.05.2021 has been issued which shall be in the teeth of the order passed by this Court dismissing the appeal as well as the review - Registry is directed to communicate these orders to the Registrar General of the High Court to place the present order before the High Court in the pending proceedings
India Law Library Docid # 1603012

(996) DIRECTOR GENERAL, DOORDARSHAN PRASAR BHARTI CORPORATION OF INDIA AND ANOTHER Vs. SMT. MAGI H DESAI [SUPREME COURT OF INDIA] 24-03-2023
Central Civil Services (Pension) Rules, 1972 - Rule 13 - Contractual service would not be qualified as service in a temporary capacity - Services in temporary capacity will not include the classes of temporary service such as casual or even contractual - Rule 13 of the 1972 Rules provides for commencement of qualifying service - As per Rule 13, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively o
India Law Library Docid # 1602948

(997) EDAPADDI PALANISWAMI Vs. R.S. BHARATHI AND ANOTHER
AND
RAJ KISHOR RAUT ... APPLICANT[SUPREME COURT OF INDIA] 24-03-2023

Modification of order to Central Bureau of Investigation to conduct a preliminary enquiry - Application alleging massive fraud by one IRB Expressway Private Limited apprehending connivance with unknown officials of State of Maharashtra /MSRDC/MPEL who, according to applicant, may have conspired to give relief of reduction in contractual payment to the Government undertaking by more than Rs.70 crores on frivolous concocted grounds - Office memorandum issued by the Government in this regard is als
India Law Library Docid # 1602949

(998) NEW INDIA ASSURANCE CO. LTD. Vs. ASHISH RAVINDRA KULKARNI [SUPREME COURT OF INDIA] 23-03-2023
Leave granted. Heard learned counsel for the Insurance Company as also the learned counsel for the respondents and perused the appeal papers. The fact relating to the accident having occurred and the father of the respondent no. 1 who was also the son of respondent nos. 2 and 3 having expired in the said accident is not in dispute. The Motor Accidents Claims Tribunal (For short MACT) while taking note of all aspects of the matter has through its award dtd. 28/7/2015 awarded the sum of Rs.2,50,60
India Law Library Docid # 1880164

(999) THE GOVT. OF NCT OF DELHI AND OTHERS Vs. KAMLESH RANI BHATLA [SUPREME COURT OF INDIA] 23-03-2023
Central Civil Services (Pension) Rules, 1972 - Rule 26 - Withdrawal of resignation - There is not absolute bar on the employer in permitting withdrawal of resignation even after the same is accepted - Said Rule 26 does not contain any such provision - Sub-rule (4) of Rule 26 envisages certain situations wherein withdrawal of resignation might be permitted even after the resignation becomes effective - Situations contemplated in sub-clauses (ii) and (iii) of Rule 26(4) permit withdrawal of resign
India Law Library Docid # 1602952

(1000) MUNSHI Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 23-03-2023
Penal Code, 1860 (IPC) - Sections 304B and 498A - Dowry Prohibition Act, 1961 - Section 4 - Evidence Act, 1872 - Section 113B - Dowry death - No eye-witness - Circumstantial evidence - Brother-in-law has not been specifically named by witness - No specific allegation against the brother-in-law of the deceased soon before the incident, which is sine qua non for invoking presumption under Section 304B IPC and 113B of the Evidence Act - Evidence produced on record by the prosecution is not suffici
India Law Library Docid # 1602953