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Latest Cases

(981) HAV (OFC) RWMWI BORGOYARY AND OTHER ETC. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
Constitution of India, 1950 - Article 14 - Appointment - It is trite law that the right to equality cannot be claimed in a case where a benefit has been given to a person contrary to law
(2020) 3 ApexCourtJudgments(SC) 528 : (2019) 17 Scale 560 : (2020) 1 SCT 283 : (2020) 2 SLJ 151

(982) KANDLA PORT WORKERS UNION @APPELANT Vs. FCI AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
Food Corporation of India Act, 1964 - Sections 12A, 12A(4) - Industrial Disputes Act, 1947 - Section 10(2) - Claim for Pension and gratuity - Central Government transferred 15 employees who were working in the Vacuvator Division of the KPT to the FCI with effect from 01.01.1973 - Aggrieved by the benefit not being extended to the remaining 306 employees of the KPT who were transferred to FCI - Office Order dated 18.09.1973 by which all the employees who were working in the Vacuvator Division of
(2019) 17 Scale 590 : (2020) 2 SCC 419 : (2020) 1 SCT 308 : (2020) 2 SLJ 126

(983) THE STATE OF BIHAR AND OTHERS Vs. PHULPARI KUMARI [SUPREME COURT OF INDIA] 06-12-2019
Service law - Dismissal - Demand and acceptance of illegal gratification - Inquiry Officer examined the evidence and concluded that the charge of demand and acceptance of illegal gratification by the Respondent was proved - It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of ‘no evidence’ - Sufficiency of evidence is not within the realm of judicial review - Standard of proof as required in a criminal trial is not the same in a dep
(2020) 1 JLJR 125 : (2019) 12 JT 125 : (2020) 1 PLJR 209 : (2019) 17 Scale 438 : (2020) 2 SCC 130 : (2020) 1 SCT 277 : (2020) 1 SLJ 557 : (2020) 1 WBLR 464

(984) DHARMENDRA PRASAD AND OTHERS Vs. SUNIL KUMAR AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
Uttarakhand Government Servant Seniority Service Rules, 2002 - Rule 5 - Constitution of India, 1950 - Article 309 - Seniority - This Court not find any merit in the argument raised by the State that the seniority has to be fixed as per Rule 5 of the Uttarakhand Government Servant Seniority Service Rules, 2002. Such Rules were not adopted to be applicable to the Nigam. The Rules were approved by the Board of the Nigam on 24th September, 2007 proposing that the provision shall be made in the propo
(2020) 2 LabLN 31 : (2020) 2 LLN 31 : (2019) 17 Scale 564 : (2020) 2 SCC 146

(985) M/S. UNICORN INDUSTRIES Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
The question involved in the appeals is with respect to the levy of education cess, higher education cess, and National Calamity Contingent Duty (NCCD) on it. The appeals arise out of common judgment. The High Court has held that duties in question are not part of the exemption notification. The writ petitions have been dismissed. Hence, the appeals have been preferred
(2020) 3 MLJ 708 : (2019) 17 SCALE 193 : (2020) 3 SCC 492

(986) THE STATE OF TELANGANA Vs. SRI MANAGIPET @ MANGIPET SARVESHWAR REDDY [SUPREME COURT OF INDIA] 06-12-2019
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Prevention of Corruption Act, 1988 - Section 17 13(1), 13(2) read with Section 13(1)(e) - Disproportionate assets - Preliminary inquiry not required to be mandatorily conducted in all corruption cases - It must be pointed that this Court has not held that a preliminary inquiry is a must in all cases - A preliminary enquiry may be conducted pertaining to Matrimonial disputes/family disputes, Commercial offences, Medical negligence cases, Corrup
(2020) 112 ACrC 290 : (2020) 1 AICLR 313 : (2020) 2 AndhLDCriminal 57 : (2020) 1 ApexCourtJudgments(SC) 13 : (2020) 1 CriCC 567 : (2020) 1 Crimes 81 : (2020) 1 ECrC 334 : (2019) 12 JT 185 : (2020) 2 MLJCriminal 489 : (2020) 1 RCRCriminal 445 : (2019) 17 SCALE 96

(987) STATE OF UTTARAKHAND Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2019
This order will dispose of an application (LA. No. 3/2014) preferred by second defendant (hereafter "State of U.P.") to recall an order made by this Court on 16.12.2013 setting it down ex pane. The State of Uttarakhand has filed the present Suit under Article 131 of the Constitution for various reliefs, including a declaration that the allocation of 25% shareholding in the Tehri Hydro Development Corporation (hereafter "THDC") in favour of the State of U.P. consequent to the enactment and coming
(2019) 12 JT 127 : (2019) 17 SCALE 446

(988) DRAVIDA MUNNETRA KAZHAGAM (DMK) Vs. SECRETARY GOVERNORS SECRETARIAT AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
These Interlocutory Applications have been filed seeking directions for compliance with the Constitutional mandate concerning elections to local bodies. The lead applicant, Dravida Munnetra Kazhagam (DMK), is appellant in the Civil Appeal Nos. 5467-5469 of 2017, wherein an order of the Madras High Court refusing to issue certain directions to the Tamil Nadu State Election Commission ("State Election Commission") is under challenge before us. It is also the principal Opposition party in the Legis
(2020) 5 LW 114 : (2019) 17 SCALE 160 : (2020) 6 SCC 548 : (2020) 2 SCJ 337 : (2019) Supreme 1326

(989) STATE BANK OF INDIA Vs. M/S. ACCORD LIFE SPEC PRIVATE LIMITED THROUGH DIRECTOR AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
There shall be stay of further proceedings in the meantime.
(2020) 157 SCL 121

(990) THE COMMISSIONER OF INCOME TAX Vs. STATE BANK OF TRAVANCORE[SUPREME COURT OF INDIA] 06-12-2019
Delay condoned. The special leave petition is dismissed. Pending applications, if any, stand disposed of.
(2020) 269 TAXMAN 571

(991) NEW INDIA ASSURANCE CO LTD. Vs. KRISHNA KUMAR PANDEY [SUPREME COURT OF INDIA] 06-12-2019
Aggrieved by the refusal of the Madhya Pradesh High Court to recall an order passed in a criminal revision filed by the respondent- herein, holding that the conviction of the respondent for an offence punishable under Section 498-A of the Indian Penal Code, 1860, shall not affect the service career of the respondent adversely, the New India Assurance Company limited which is the employer of the respondent, has come up with the above appeal. The respondent herein joined the service
(2020) 1 OriLawRev 246

(992) N.V. INTERNATIONAL Vs. STATE OF ASSAM AND OTHERS [SUPREME COURT OF INDIA] 06-12-2019
Arbitration and Conciliation Act, 1996 – Section 34 and 37 read with Section 5 of Limitation Act, 1963 Condonation of Delay - Even if the 90 day period is over, if a condonation application is made under Section 5 of the Limitation Act, it should be considered on its own merits notwithstanding the length of delay - To add to the period of 90 days, which is provided by statute for filing of appeals under Section 37 of the Arbitration Act, a grace period of 30 days under Section 5 of the Limitatio
(2020) 1 ArbiLR 472 : (2020) 3 CTC 510 : (2020) 2 SCC 109

(993) MANAGING DIRECTOR, UTTAR PRADESH SAHKARI GRAM VIKAS BANK LIMITED LUCKNOW & ANOTHER Vs. CHANDRA BHAN SINGH (DEAD) & OTHERS [SUPREME COURT OF INDIA] 06-12-2019
Service Law - Suspension on charges of financial and other irregularities - Punishment meted out to the first respondent has not been effaced It is only the quantum of punishment which has been reduced - Reduction of punishment is completely different from exoneration of the charge. So long as the punishment remains the question of full payment of salary for the period of suspension or salary for the period from dismissal till reinstatement does not arise. The principle of "no work no pay" shall
(2020) 3 ApexCourtJudgments(SC) 442 : (2020) 3 MLJ 702 : (2020) 1 SCT 312

(994) MAHIPAL Vs. RAJESH KUMAR @ POLIA AND ANOTHER [SUPREME COURT OF INDIA] 05-12-2019
Criminal Procedure Code, 1973 (CrPC) - Sections 161 and 439 - Penal Code, 1908 (IPC) - Sections 147, 148, 149, 302 and 397 - Murder - Common intention - Bail granted by High Court - Appeal against - High Court fails to notice material facts and shows a non-application of mind to the seriousness of the crime and the circumstances referred to earlier which ought to have been taken into consideration - Where an order refusing or granting bail does not furnish the reasons that inform the decision, t
(2020) 110 ACrC 221 : (2020) AIRSC 670 : (2020) AIRSCCri 617 : (2020) 3 ApexCourtJudgments(SC) 458 : (2020) 2 CriCC 597 : (2019) 12 JT 50 : (2020) 2 MLJCriminal 341 : (2019) 16 SCALE 813 : (2020) 2 SCC 118 : (2020) 1 SCJ 11 : (2020) 1 UC 225

(995) STATE OF NCT OF DELHI Vs. SHIV CHARAN BANSAL AND OTHERS [SUPREME COURT OF INDIA] 05-12-2019
Penal Code, 1860 (IPC) - Sections 120B, 302, 201, 34 - Arms Act, 1959 - Sections 25, 27, 54 and 59 - Criminal Procedure Code, 1973 (CrPC) - Sections 223, 227, 228 and 391 - Evidence Act, 1872 - Sections 8 and 10 - Murder by gunshot - Appeal against order of discharge - Accused remained absconding after the murder was committed on 21.03.2006, and did not join the investigation despite efforts by the Police - He was apprehended after more than one month on 25.04.2006 - After the commission of the
(2019) 4 Crimes 298 : (2020) 266 DLT 232 : (2020) 1 JLJR 100 : (2019) 12 JT 454 : (2020) 2 MLJCriminal 410 : (2020) 1 PLJR 183 : (2019) 17 SCALE 13 : (2020) 2 SCC 290

(996) STATION HOUSE OFFICER, CBI/ACB/BANGALORE Vs. B.A. SRINIVASAN AND ANOTHER [SUPREME COURT OF INDIA] 05-12-2019
Penal Code, 1860 (IPC) - Sections 419, 420, 467, 468, 471 read with Section 120B - Prevention of Corruption Act, 1988 - Sections 13(1)(d), 13(2) and 19 - Criminal conspiracy - Fake and fabricated documents - Sanctioning of loans - Whether the alleged act is intricately connected with the discharge of official functions and whether the matter would come within the expression ‘while acting or purporting to act in discharge of their official duty’, would get crystalized only after evidence is led a
(2020) 1 AICLR 524 : (2020) 1 ApexCourtJudgments(SC) 175 : (2020) 1 CriCC 169 : (2019) 4 Crimes 313 : (2020) 1 ECrC 325 : (2020) 2 GujLH 220 : (2020) 1 JCC 231 : (2019) 12 JT 99 : (2020) 2 MLJCriminal 254 : (2020) 1 RajCriC 129 : (2020) 1 RCRCriminal 413 : (2019) 16 SCALE 803 : (2020) 2 SCC 153 : (2020) 1 SCCCri 569 : (2020) 1 SCCLS 177

(997) BSES YAMUNA POWER LTD. Vs. SH. GHANSHYAM CHAND SHARMA AND ANOTHER [SUPREME COURT OF INDIA] 05-12-2019
Central Civil Service Pension Rules, 1972 - Rule 26 - Forfeiture of service on resignation - Single Judge directed the appellant to pay pensionary benefits to the first respondent on the ground that he had completed twenty years of service and had 'voluntarily retired' and not 'resigned' from service - Appeal against - First respondent had applied for voluntary retirement on 14 February 1990 - By a letter dated 25 May 1990 the appellant denied the first respondent's application for voluntary ret
(2020) AIRSC 76 : (2020) AIRSCCivil 895 : (2020) 1 ApexCourtJudgments(SC) 310 : (2020) 1 CTC 335 : (2020) 166 FLR 571) : (2020) 1 JLJR 128 : (2019) 12 JT 118 : (2020) LIC 1321 : (2020) 2 LLJ 290 : (2020) 1 PLJR 211 : (2020) 2 RLW 1257 : (2019) 16 SCALE 862 : (2020) 3 SCC 346 : (2020) 1 SCT 279 : (2019) 6 WBLR 407

(998) INDIAN BANK AND OTHERS Vs. PROMILA AND ANOTHER [SUPREME COURT OF INDIA] 05-12-2019
Learned counsel for the respondent seeks to contend by referring to the judgment of this Court in Canara Bank & Anr. v. M. Mahesh Kumar - (2015) 7 SCC 412 that it is the scheme on the date of death of the employee or at least when the application is made, which would apply. However, on record it appears that when the application was made by the son of the deceased employee, he was not even major and, thus, could not get employment. The other two children were younger. Wife of the deceased employ
(2020) 2 SCC 735

(999) M/S BHUWALKA STEEL INDUSTRIES LTD. AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-12-2019
The present reference arises from a judgment of the Division Bench of this Court reported as Bhuwalka Steel Industries Limited and Another vs. Union of India and Others, (2017) 5 SCC 598. The question before the Court was set out as follows:- "20. The validity of Rule 5 of the 1997 Rules is challenged both before the High Court and before us on two grounds: That the Rule is ultra vires the authority conferred under Section 3-A of the Act; and That the Rule is violative of Article 14 of the Const
(2020) 1 SCALE 278 : (2020) 3 SCC 730

(1000) P. CHIDAMBARAM Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 04-12-2019
Criminal Procedure Code, 1973 (CrPC) - Section 437 and 439 - Grant of Bail - Grant of bail to former Union Minister P. Chidambaram in the case registered by Enforcement Directorate in INX Media scam - This Court is satisfied the triple tests (triple test of flight risk, tampering with evidence and influencing of witnesses in favour of the appellant) for granting bail - Taking these and all other facts and circumstances including the duration of custody into consideration the appellant is entitle
(2020) AIRSC 1699 : (2019) 3 ALTCrl 529 : (2019) 4 Crimes 253 : (2019) 265 DLT 1 : (2020) 1 JLJR 88 : (2020) 1 LWCri 580 : (2020) 1 LWCri 580 : (2020) 1 MLJCriminal 28 : (2020) 1 PLJR 170 : (2019) 16 SCALE 870 : (2020) 2 SCJ 112 : (2020) 157 SCL 649