Indian Court Judgments — 2020

Civil SC Reportable ✓ HN

The State of Andhra Pradesh vs M/s Linde India Ltd. (Formerly Boc India Ltd)

Andhra Pradesh Value Added Tax Act, 2005 – Entry 88, C Schedule IV; Schedule V – Respondent-Company registered under the 2005 Act is engaged…

13 April 2020 · Dismissed · D.Y. Chandrachud, Ajay Rastogi

Civil SC Reportable ✓ HN

P. Gopinathan Pillai vs University of Kerala & Ors.

Kerala University Act, 1974 – s.2(2), (7), (19), (27) and (28) – Appellant was appointed as Project Officer in Centre for Adult Continuing E…

8 April 2020 · Dismissed · Ashok Bhushan, M.R. Shah

Civil SC Reportable ✓ HN

Ramjit Singh Kardam & Ors. vs Sanjeev Kumar & Ors.

Service Law: Selection process – Criteria for selection – Challenged by candidates – Rule of estoppel – Applicability of – It is a general p…

8 April 2020 · Disposed · Ashok Bhushan, Navin Sinha

Civil SC Reportable ✓ HN

Union of India & Ors. vs R. Thiyagarajan

Service Law – Deputation – Claim for deputation allowance – The respondent was employed with Central Industrial Security Force (CISF) in the…

3 April 2020 · Partly allowed · Deepak Gupta, Aniruddha Bose

Civil SC Reportable ✓ HN

New Delhi Television Ltd. vs Deputy Commissioner of Income Tax

Income Tax Act, 1961 : s.147 – Power under, invocation of – Whether the revenue had sufficient reasons to believe that undisclosed income of…

3 April 2020 · Allowed · L. Nageswara Rao, Deepak Gupta

Civil SC Reportable ✓ HN

Bhagwat Sharan (Dead Thr. Lrs.) vs Purushottam & Ors.

Hindu Law – Property of Hindu Undivided Family (HUF) – Burden to prove – Person had four sons – 2 sons severed and had no connection with pr…

3 April 2020 · Dismissed · L. Nageswara Rao, Deepak Gupta

Civil SC Reportable ✓ HN

Alembic Pharmaceuticals Ltd. vs Rohit Prajapati & Ors.

Environment (Protection) Act 1986 – s.3 – 1994 Environmental Impact Assessment (EIA) notification mandated prior Environmental Clearance (EC…

1 April 2020 · Allowed · D.Y. Chandrachud, Ajay Rastogi

Civil SC Reportable ✓ HN

State of Uttar Pradesh & Ors. vs Vijay Shankar Dubey

STATE OF UTTAR PRADESH & ORS. v. VIJAY SHANKAR DUBEY (Civil Appeal No. 1757 of 2020) MARCH 19, 2020 [ASHOK BHUSHAN AND MOHAN M. SHANTANAGOUD…

19 March 2020 · Allowed · Ashok Bhushan, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

Rajasthan State Electricity Board Jaipur vs The Dy. Commissioner of Income Tax (Assessment) & Anr.

Income Tax Act, 1961: ss. 32(2) and 143 (I-A) – Additional tax – Levy of – Propriety – Assessee claiming 100% depreciation – As per amended…

19 March 2020 · Allowed · Ashok Bhushan, Mohan M. Shantanagoudar

Civil SC Reportable ✓ HN

Nand Ram (D) through Lrs. & Ors. vs Jagdish Prasad (D) through Lrs.

Land Acquisition Act, 1894 – Land given on lease for 20 years to the defendant with a clause that plaintiff-lessor could seek ejectment of t…

19 March 2020 · Allowed · L. Nageswara Rao, Hemant Gupta

Civil SC Reportable ✓ HN

Ram Chandra Prasad Singh vs Sharad Yadav

Constitution of India: Art.226 — Tenth schedule; Paragraph 6 – Respondent no.1 was elected as Member of Parliament (Rajya Sabha) on JD(U) ti…

19 March 2020 · Dismissed · Ashok Bhushan, M.R. Shah

Civil SC Reportable ✓ HN

Food Corporation of India vs Brihanmumbai Mahanagar Palika & Ors.

Constitution of India: Art.285(1) and (2) – Exemption of property of Union from State Taxation – The Government of Bombay acquired certain l…

19 March 2020 · Allowed · Ashok Bhushan, M.R. Shah

Civil SC Reportable ✓ HN

Shyam Sahni vs Arjun Prakash and Others

Contempt of Court – Deposit of passport to ensure presence and compliance of the order of the Court – Appellant filed a civil suit seeking d…

19 March 2020 · Allowed · R. Banumathi, A.S. Bopanna

Civil SC Reportable ✓ HN

Dhanpat vs Sheo Ram (Deceased) through Lrs. & Ors.

Indian Succession Act, 1925: s. 63 – Will – Admissibility of – Suit seeking declaration that the plaintiff, his mother and his sisters had e…

19 March 2020 · Allowed · L. Nageswara Rao, Hemant Gupta

Civil SC Reportable ✓ HN

Benedict Denis Kinny vs Tulip Brian Miranda & Ors.

Constitution of India – Art. 226 – Mumbai Municipal Corporation Act, 1888 – s. 5B – In one civil appeal, the respondent and appellant contes…

19 March 2020 · Dismissed · Ashok Bhushan, Navin Sinha

Civil SC Reportable ✓ HN

Gurcharan Singh & Ors. vs Angrez Kaur & Anr.

GURCHARAN SINGH & ORS. v. ANGREZ KAUR & ANR. (Civil Appeal No. 6835 of 2009) MARCH 19, 2020 [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Registratio…

19 March 2020 · Allowed · Ashok Bhushan, Navin Sinha

Civil SC Reportable ✓ HN

Rajasthan High Court vs Ved Priya & Anr.

Judicial Service – Probation period – Order of nonconfirmation in – Respondent no.1 – a former Judicial Officer was appointed as a Civil Jud…

18 March 2020 · Allowed · S.A. Bobde, Bhushan Ramkrishna Gavai, Surya Kant

Civil SC Reportable ✓ HN

West Bengal Small Industries Development Corporation Ltd. & Ors. vs M/s. Sona Promoters Pvt. Ltd. & Ors.

West Bengal Government Premises (Tenancy Regulation) Act, 1976 – ss.2(a),(b), (c) and 3(2) – Appellant-Corporation purchased immovable prope…

18 March 2020 · Dismissed · S. Abdul Nazeer, Deepak Gupta