10 important judgements of Hon'ble Supreme Court of India in 2020



Sarthak Chaturvedi

Supreme court of India gives judgement to thousands of cases every year. A huge chunk of them go unnoticed while some of them are highlighted either because of their nature or because of the judgement itself 

Here are the 10 noteworthy cases and and their summary till date in the year 2020:


1. Assam Public Works - Petitioners

Versus

Union of India & Ors. - Respondents

Constitution of India, 1950 Article 32 Writ Petition - NRC - Children of parents given citizenship through NRC, not to be separated from their parents and sent to detention centre in Assam pending decision of this application.


2. UNION OF INDIA vs. RELIANCE COMMUNICATION LIMITED

Constitution of India, 1950 Article 136 Retention of excess amount - Direction to refund - respondent-licencees faced financial constraints - Could not fulfil conditions of licenses held by them vis-a-vis payment of deferred spectrum charges - Appellant Union encashed bank guarantees furnished by respondents - Union appellant refused to refund excess amount - Union's argument that there were subsequent defaults or short payments in respect of liability towards later periods, or its objection that impugned directions could not have been issued in execution proceedings, are insubstantial - Not rationale for Union to resist demand for refund of excess amounts - TDSAT exercised its discretion directing refund of Rs.104. 34 crore.


3.RAMKHILADI vs. UNITED INDIA INSURANCE COMPANY

Motor Vehicles Act, 1988 Section 163A Vehicular accident - Liability to pay compensation - Deceased was borrower and permissible user of motor cycle which met accident with another motor cycle due to negligence driver of that another vehicle - No compensation claimed from owner of offending vehicle - Compensation claimed only against owner and insurer of motor cycle which was borrowed - As deceased has stepped into shoes of owner of vehicle and not being third party, claim is not maintainable - No error in finding of High court.


4. ANANTA KAMILYA vs. STATE OF WEST BENGAL

Indian Penal Code, 1860 Section 302 Murder - No doubt, deceased died because of injuries caused by accused - However, incident took place on spur of moment and after some altercation accused took lathi which was lying there and caused injury on head of deceased - No intention on part of accused to cause very injury which ultimately led to death of deceased - No premeditation or intention to kill deceased - Death resulted due to injury in quarrel - Therefore, offence committed by accused comes under Part I of Section 304 IPC -and it does not amount to murder - Conviction under Section 302 set aside - Hence, conviction modified from Section 302 to Section 304, Part I - Accused sentenced to undergo imprisonment for 10 years.


5.M.E. SHIVALINGAMURTHY vs. CENTRAL BUREAU OF INVESTIGATION, BENGALURU

Criminal Procedure Code, 1973 Section 227 Discharge - Legal principle - Defence of accused is not to be looked into at stage when accused seeks to be discharged - Code does not give any right to accused to produce any document at stage of framing of charge - At stage of framing of charge, submission of accused is to be confined to material produced by Police.


6.VODAFONE IDEA LTD. vs. UNION OF INDIA

Adjusted Gross Revenue - Payment of statutory dues - Review petition by Telecom companies - Bharti Airtel, Vodafone idea and other seeking review of order asking them to pay Rs.1.47 lakh crore in past statutory dues on account of Adjusted Gross Revenue - No justifiable reason to entertain review petitions and hence dismissed.


7.DISTRICT BAR ASSOCIATION DEHRADUN vs. ISHWAR SHANDILYA

Advocates Act, 1961 Section 48 Strike by Advocates - Advocates in entire District of Dehradun, districts of Haridwar and Udham Singh Nagar in State of Uttarakhand have been boycotting Courts on all Saturdays for past more than 35 years - As strikes seriously obstructing access to justice to needy litigants, respondent was compelled to approach High Court by way of Writ Petition (PIL) - High Court issued direction to striking advocates to call of strike and start attending Courts - Bar Council of India was directed to take action against recalcitrant Bar Association - High Court absolutely justified in issuing directions - Direction absolutely in consonance with decision of Supreme Court in case of Ex-Capt. Harish Uppal V Union of India, reported(2003) 2 SCC 45 - SLP dismissed.


8.BANK OF INDIA vs. M/S BRINDAVAN AGRO INDUSTRIES PVT LTD

Consumer Protection Act, 1986 Sections 17 and 23 Credit facilities - Deduction of processing fees - Consumer admittedly old customer of Bank who applied to avail credit facilities of more than Rs. 40 crores - It is doubtful that it was unaware of procedure and Circulars of Bank - Ignorance of procedure and Circular of Bank cannot be accepted - Consumer was aware of processing charges and sought a waiver of processing charges, therefore, processing charges debited by Bank in terms of authority given by Consumer - Therefore, order to refund processing fees set aside.


9.CHIEF INFORMATION COMMISSIONER vs. HIGH COURT OF GUJARAT

Right To Information Act, 2005 Sections 19, 22 and 28 Gujarat High Court Rules, 1993, Rule 151 - Appying of Certified Copies - Right of a third party to apply for certified copies to be obtained from High Court by resorting to Gujarat High Court Rules prescribed by High Court and not by invoking provisions of Right to Information Act.


10.INTERNET AND MOBILE ASSOCIATION OF INDIA vs. RESERVE BANK OF INDIA

Crypto currencies - Virtual currencies can be notified under category of "other similar instruments" indicated in Section 2(h) of FEMA, 1999.

RBI is not just like any other statutory body created by Act of legislature - It is created with mandate to get liberated even from its creator and empowered to do certain things to exclusion of even central government.


Sarthak Chaturvedi

The author is a Lawyer at Supreme Court of India and a Partner at a leading law firm. The views expressed here are personal.

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