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19 RECENT SUPREME COURT CASES

PUBLISHED IN ALL INDIA REPORTER (AIR) CASE LAW TODAY
2019
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By Case Law Reporter (https://caselaw.in/author/wajumqfq/) / December 31, 2019

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1. State of Madhya Pradesh v. Deepak, AIR 2019 SC 5604
https://caselaw.in/citation/recent-supreme-court-judgments-published-2019-air-sc/8884/ 1/7
7/28/2020 19 Recent Supreme Court Cases Published in All India Reporter (AIR) 2019 - CASE LAW

Code of Criminal Procedure, 1974 – Sections 245 and 397 – Indian Penal Code, 1860 – Section 306 –
We'd likeAct,
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) to show
1989 you notifications
– Section for–the
3 (2) (v) latest
Framing
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of Charge – Abetment of Suicide – Su cient ground to proceed against accused – Discharge of accused,
unjusti ed. View Judgment (https://caselaw.in/supreme-court/framing-charge-madhya-pradesh-
deepak/4547/) Cancel Allow

2. Cantonment Board, Meerut v. Afzal, AIR 2019 SC 5610

Constitution of India – Article 226 – Cantonments Act, 1924 – Section 185 – Notice for demolition of
unauthorised constructions – Show cause notice issued mechanically and in casual manner – Quashing
of. View Judgment (https://caselaw.in/supreme-court/cantonments-board-meerut-afzal/4379/)

3. M. Hariharasudhan v. R. Karmegam, AIR 2019 SC 5613

Civil Procedure Code, 1908 – Section 9 – Tamil Nadu Property (Prevention of Damage and Loss) Act,
1992 – Sections 7 (1), 10, 11 and 14 – Tamil Nadu Property (Prevention of Damage and Loss) Rules, 1994
– Rule 4 – Suit for Damages – Jurisdiction of Civil Court. View Judgment (https://caselaw.in/supreme-
court/civil-hariharasudhan-karmegam/3786/)

4. State of Madhya Pradesh v. Man Singh, AIR 2019 SC 5622

Code of Criminal Procedure, 1973 – Section 482 – Whether a Judge of the High Court can exercise
powers under Section 482 Cr.P.C. to alter the sentence which has been passed by the High Court itself ?
Held, the High Court had no power to entertain the petition under Section 482 CrPC and alter the
sentence imposed by it.

Probation of Offenders Act, 1958 – Section 4 – Power of court to release certain offenders on probation
of good conduct – Before passing an order of probation, it is essential to obtain the report of the
Probation O cer concerned.

Indian Penal Code, 1860 – Sections 468, 471 and 419 – Probation of Offenders Act, 1958 – Section 4 –
Forgery – Even in a case where the High Court grants bene t of probation to the accused, the Court has
no jurisdiction to pass an order that the employee be retained in service. View Judgment
(https://caselaw.in/supreme-court/high-court-madhya-pradesh-man-singh/5049/)

5. M.R. Krishna Murthi v. New India Assurance, AIR 2019 SC

5625
Motor Vehicles Act, 1988 – Assessment of Compensation – Road Safety and Compensation – Fast
tracking disposal of cases by MACT ‘s – Ensuring receipt of compensation in the safe hands of victims
and/or kiths and kins of victims. View Judgment (https://caselaw.in/supreme-court/mact-krishna-murthi-
new-india-assurance/4605/)

6. Bansidhar Sharma v. State of Rajasthan, AIR 2019 SC 5643

Code of Civil Procedure, 1908 – Sections 144 and 151 – Restoration of Possession – Application for
Restitution – Section 144 applies to a situation where a decree or order is varied or reversed in appeal,
revision or any other proceeding or is set aside or modi ed in any suit instituted for the purpose. View
Judgment (https://caselaw.in/supreme-court/possession-bansidhar-sharma-rajasthan/8923/)

7. Union of India v. Sepoy Pravat Kumar Behuria, AIR 2019 SC

5648
Constitution of India , Articles 14 and 311 – Army Act, 1950 – Section 191 – Army Rules, 1954 – Rules 23
(2), 179 and 180 – Summary Court Martial – Dismissal from Service – Principle of Natural Justice. View
Judgment (https://caselaw.in/supreme-court/summary-court-martial-sepoy-pravat-kumar-behuria/8921/)

8. Anupal Singh v. State of U.P., AIR 2019 SC 5652
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7/28/2020 19 Recent Supreme Court Cases Published in All India Reporter (AIR) 2019 - CASE LAW

Constitution of India – Articles 16 (4) and 309— U.P. Public Services (Reservation for Scheduled Castes,
Scheduled Tribes and Other Backward Classes) Act, 1994We'd like to3show
– Section (1) –you
U.P.notifications
Subordinatefor the latest
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Services Rules, 1993 – Rule 15 (3) – news and updates.
Determination of Vacancies. View Judgment
(https://caselaw.in/supreme-court/vacancies-anupal-singh/3841/)
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9. Ganesan v. Kalanjiam, AIR 2019 SC 5682
Indian Succession Act, 1925 – Section 63 (c) – Interpretation of – Attesting witnesses deposed that the
testator came to them individually with his own signed Will, read it out to them after which they attested
the Will – Whether the attesting witness should actually see the testator signing the Will ? View Order
(https://caselaw.in/supreme-court/testator-will-ganesan-kalanjiam/8915/)

10. Rohtas v. State of Haryana, AIR 2019 SC 5684

Evidence Law – There cannot be uniformity in the reaction of witnesses. The Court must not decipher the
evidence on unrealistic basis. There can be no hard and fast rule about the uniformity in human reaction.
View Judgment (https://caselaw.in/supreme-court/evidence-rohtas-state-haryana/5061/)

11. Seema Sarkar v. Executive O cer, AIR 2019 SC 5697

Constitution of India – Articles 240 (1) and 243 C – Andaman and Nicobar Islands (Panchayats)
Regulation, 1994 – Sections 107, 112 and 202 (2) – Andaman and Nicobar Islands (Panchayats
Administration Rules, 1997 – Rules 9 and 21 – No Con dence Motion – Held, neither Article 243 C nor
the Regulation made by the State Legislature or the Rules framed thereunder expressly exclude the other
members of the Panchayat Samiti referred to in Section 107(3) of the Regulation from exercising their
vote on a ‘Motion of No Con dence’.

Election Law – the right to elect, and including the right to be elected and continue on the elected post, is
a statutory right.

Election Law – If a person has been elected to an o ce through democratic process and when such
person loses the con dence of the representatives who elected him, then those representatives should
necessarily have a democratic right to remove such an o ce bearer in whom they do not have
con dence. View Judgment (https://caselaw.in/supreme-court/panchayat-seema-sarkar-executive-
o cer/4323/)

12. Government of Tamil Nadu v. Arulmighu Kallalagar Thirukoil

Alagar Koil, AIR 2019 SC 5713
Evidence Act, 1872 – Section 114 – Forest Act, 1882 (Tamil Nadu) – Section 25 – Reserved Forest –
Declaration – Presumption of Lost grant – Circumstances in which the presumption of lost grant can be
made. View Judgment (https://caselaw.in/supreme-court/forest-government-tamil-nadu-arulmighu-
kallalagar-thirukoil-alagar-koil/8880/)

13. Renu Rani Shrivastava v. New India Assurance, AIR 2019 SC

5719
Motor Accidents Claims – The grant of compensation by the MACT or by the Court in respect of
accidental death of a person will not be affected by the family arrangement of the parties inasmuch as
the compensation as per law has to be awarded by the Court in favour of the dependants. The internal
family matter of the parties will not affect the award of compensation. View Order
(https://caselaw.in/supreme-court/compensation-renu-rani-shrivastava-new-india-assurance/8878/)

14. Javed Abdul Rajjaq Shaikh v. State of Maharashtra, AIR

2019 SC 5721


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7/28/2020 19 Recent Supreme Court Cases Published in All India Reporter (AIR) 2019 - CASE LAW

Medical Jurisprudence and Toxicology – Distinction between strangulation and throttling – Differences
We'd like to show you notifications for the latest
between hanging and strangulation. View Judgment (https://caselaw.in/supreme-court/hanging-javed-
news and updates.
abdul-rajjaq-shaikh-state-maharashtra/8708/)

15. Dayaram v. State of Madhya Pradesh, AIR 2019Cancel

SC 5739 Allow
Dying Declaration – there is no reason why a dying declaration which is otherwise found to be true,
voluntary and correct should be rejected only because the person who recorded the dying declaration
could not a x his signatures or thumb impressions on the dying declaration. View Judgment
(https://caselaw.in/supreme-court/dying-declaration-dayaram-madhya-pradesh/5092/)

16. Arun Kumar v. Anita Mishra, AIR 2019 SC 5745

Negotiable Instruments Act, 1881 – Every award of the Lok Adalat is deemed to be decree of a civil court
and executable as a legally enforceable debt. The dishonour of the cheque issued pursuant to the order
of the Lok Adalat gave rise to afresh cause of action under Section 138. View Order
(https://caselaw.in/supreme-court/cheque-arun-kumar-anita-mishra/8701/)

17. Union of India v. V.R. Nanukuttan Nair, AIR 2019 SC 5747

Service Law – Pension – Disability Pension – Disability Element & Service Element – Minimum qualifying
service for pension – Conditions for the grant of disability pension.

Interpretation of Statues – By judicial interpretation, words cannot be added to a statute – If the

legislature has left a lacuna, it is not open to the Court to ll it on some presumed intention of the
legislature. View Judgment (https://caselaw.in/supreme-court/pension-union-india-nanukuttan-
nair/8696/)

18. Awadhesh Kumar v. State of U.P., AIR 2019 SC 5756

Indian Penal Code, 1860 – Case falls under Section 302 IPC – the High Court has materially erred in
applying Exception 4 to Section 300 IPC by holding that it was not a planned crime and there was no prior
intention and it took place in the heat of passion on the spur of moment. View Judgment
(https://caselaw.in/supreme-court/section-302-ipc-awadhesh-kumar/5132/)

19. Mohinder Singh v. Jaswant Kaur, AIR 2019 SC 5760

Indian Evidence Act, 1872 – Section 62 – A carbon copy of a document which carbon copy is signed by
both the parties, it assumes the character of the original document. View Order
(https://caselaw.in/supreme-court/carbon-copy-mohinder-singh-jaswant-kaur/8641/)

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