CASE LAWS COMPILATION (JANUARY 2020 TO SEPTEMBER 2020)(CIVIL)

Sl. Name Court Legislation Citation Held

No.
01. Shri Uttam Chand (D) v. SC Limitation Act 2020 SCC Online Long and continuous possession by itself cannot be termed
Nathu Ram (D) SC 37 as adverse possession so as to perfect title within the
meaning of Article 65 of the Limitation Act
02. Shakti Bhog Food SC Limitation Act 2020 SCC Online Limitation period begins to run when the right to sue accrues
Industries Ltd. V. The SC 482 and not when it 'first' accrues”.
Central Bank of India &
Anr
03. Punjab State Power SC Indian Special Leave ToThe Supreme Court has observed that a petition under Article
Corporation Limited Constitution Appeal (C) No. 227 of the Constitution of India against dismissal of a petition
Versus Emta Coal Limited 8482/2020 Dt.
under Section 16 of the Arbitration and Conciliation Act can
& Anr 18.09.2020 be entertained only when there is perversity in the order
which leads to a patent lack of inherent jurisdiction.
04. Vidya Devi v. The State of SC Indian 2020 SCC State cannot invoke the doctrine of adverse possession to
Himachal Pradesh and Constitution Online SC 14 perfect title over land grabbed from private citizens. The
Ors Court held that forcible dispossession of a person from his
private property is violative of human rights and constitutional
right under Article 300A.
05. X v. Y SC Indian 2019 SCC Online Article 142 can be invoked to dissolve a marriage found to be
Constitution SC 1636 a dead letter
06. The Secretary, Ministry of SC Indian Absolute exclusion of women from command assignments is
Defence v. Babita Puniya Constitution against Article 14 of the Constitution and unjustified.
& Ors
07. Laxmibai v. The Collector, SC Article 243 O Recourse to writ jurisdiction in election matters not
Nanded & Ors of Indian appropriate when statute provides an alternative machinery.
Constitution
08. Popatrao Vyankitrao Patil SC Article 226 of High Courts are not precluded from entertaining writ petitions
v. State of Maharashtra: Indian even if there are disputed questions of facts.
Law Constitution
09. Mukesh Kumar & Anr. v. SC Indian 2020 SCC Online No fundamental right to claim reservations in promotion
State of Uttarakhand Constitution SC 148
10. In Re: Problems & SC Indian SUO MOTU No Travel Fare To Be Charged from Migrants; Notify Places
Miseries of Migrant Constitution WRIT PETITION Providing Food For Stranded Migrants
Workers: (CIVIL) No(s).
6/2020 d.o.d.
28.05.2020:
11. Shakeel Qureshi V. Union SC Indian 2020 SCC Online SC Imposes Costs of Rs. 10,000 and Dismisses Petition
of India Constitution SC 306 : Seeking for Use of "Physical Distancing" Instead of "Social
Distancing"
12. Sanisha Thomas V. Union SC Indian Writ Petition Women at advance stage of pregnancy must be given top
of India Constitution (Civil) Dairy priority while effectuating cross-border evacuation
No(s).11045/2020
DoD: 08.05.2020
13. Vijay Kishanrao Kurundkar SC Indian Civil Appeal No Appointment secured on the basis of a fraudulent caste
Vs. State Of Maharashtra Constitution 1865 Of 2020 certificate is void ab initio
& Ors: d.o.d 28.02.2020
14. Punjab And Sind Bank Vs. SC Indian Civil Appeal No Sexual harassment at workplace is an affront to women's
Durgesh Kuwar Constitution 1809 Of 2020 Fundamental Rights
d.o.d 25.02.2020
15. Padma Mishra Vs. State SC Indian (2020) 2 SCC 540 High Court in Article 226 proceedings does not adjudicate
Of Uttarakhand Constitution correctness of allegations in FIR.
16. Union of India & Ors. vs. Lt SC Indian 2020 SCC Online Directing the Indian Navy to grant Permanent Commission
Cdr Annie Nagaraja & Ors. Constitution SC 326 for Serving Women SSC Officers.
17. Ministry of Defence vs. SC Indian 2020 SCC Online Permanent Commission should be granted to women in the
Babita Puniya & Ors. Constitution SC 200 army regardless of their service, in all the ten streams where
the Union Government has already taken a decision to grant
the Short Service Commission for women
18. Aryan Raj Vs. Chandigarh SC Indian Civil Appeal No. Persons with Disability to be given the same benefits as SC-
Administration Constitution 2718 Of 2020 ST candidates in all domains
d.o.d 13.07.2020
19. Vinay Eknath Lad v. Chiu SC Sec 116 of 2019 SCC Online The Supreme Court has observed that, though in a landlord
Mao Chen IEA SC 1668 tenant suit, the landlord is not required to prove his title in the
subject property as in a title-suit, but when his/her derivative
 title is challenged, the same has to be established in some
form.
20. Purshottam Chopra v. SC IEA 2020 SCC Online 100% burn injuries by itself does not mean victim was
State SC 6 incapable of making dying declaration.
21. Somasundaram @ Somu SC IEA 2020 SCC Online It would be unsafe to convict an accused solely based on
V. The State Rep. By The SC 480 uncorroborated testimony of an accomplice.
Deputy Commissioner of
Police :
22. Nazir Mohamed Vs. J. SC IEA 2020 SCC Online The Supreme Court observed that the presumption based on
Kamala SC 676 the maxim 'possession follows title' that possession must be
deemed to follow title, arises only where there is no definite
proof of possession by anyone else.
23. B. Santoshamma Vs. D. SC SRA Civil Appeal Relief of specific performance of a contract is no longer
Sarala- No.3574 Of 2009 discretionary, after the 2018 amendment.
Decided On
18.09.2020
24. C.S. Venkatesh v. A.S.C. SC Section 16 of 2020 SCC Online In a suit for Specific Performance, plaintiff has to prove that
Murthy SRA SC 143 he has means to generate consideration amount
25. Deccan Paper Mills Co. SC SRA 2020 SCC Online The Supreme Court held that an action instituted under
Ltd. Vs. Regency Mahavir SC 655 section 31 of the Specific Relief Act, 1963 is not an action in
Properties &Ors. rem, but an action in personam, and therefore arbitrable.
26. Ambalal Sarabhai SC SRA 2020 SCC Online The Supreme Court has observed that strong prima facie
Enterprise Ltd. v. KS SC 1 case on undisputed facts is necessary for getting the relief
Infraspace LLP and of temporary injunction in a suit for specific performance of
Another & Haryana contract.
Containers Ltd. v. KS
Infraspace LLP and
Another :
27. Narasamma Vs. A. SC SRA 2020 SCC Online Plea of title and adverse possession cannot be advanced
Krishnappa (Dead) SC 672 simultaneously and from the same date.
28. Mohammade Yusuf v. SC Registration 2020 SCC Online A compromise decree does not require registration if it does
Rajkumar Act SC 125 not take in property that is not the subject - matter of the suit.
29. Ravinder Kaur Grewal V. SC Registration 2020 SCC Online Memorandum of family settlement binding on parties; does
Manjit Kaur Act SC 612 not require registration.
30. Brahma Singh v. Union of SC O 2 Rule 2 of 2020 SCC Online The Supreme Court reiterated that the bar of Order II Rule 2
India CPC SC 131 of the Civil Procedure Code may not apply to a writ petitions.
31. Dahiben V. Arvindbhai SC Order VII Rule 2020 SCC Online If plaint does not disclose cause of action or suit is barred by
Kalyanji Bhansuli 11 CPC of SC 562 any law, the court has no option but to reject the plaint.
(Gajra)(D) Thr LRs CPC
32. M/S EXL Careers & Anr. V. SC Order VII RuleCIVIL APPEAL Suit in new court has to proceed de novo on return of plaint.
Frankfinn Aviation 10 & 10A of NO(s). 2904 OF
Services Pvt. Ltd. CPC 2020 d.o.d
05.08.2020
33. V.N. Krishna Murthy Vs. SC Section 96 of 2020 SCC Online Strangers cannot file appeal unless they satisfy the court that
Ravi Kumar CPC SC 664 they are 'aggrieved persons'.
34. Guru Nanak Industries, SC Partnership 2020 SCC Online Retirement of one partner amounts to dissolution of
Faridabad V. Amar Singh Act SC 469 partnership firm consisting of only two partners.
(Dead) Thr.LR's
35. Shubham Singh v. State of P&H IT Act 2020 SCC Online Registered owner of a phone number from which offence is
Punjab P&H 702 committed, has to take responsibility for the same.
36. Union of India vs. M/s. SC TPA 2020 SCC Online Protection u/s 53A of TPA available to person put in
K.C. Sharma & Co. SC 644- possession and has agreement of lease in his favour.
37. State Of Madhya Pradesh SC Environmental 2020 SCC Online The Supreme Court has directed the State of Madhya
Vs. Centre For law SC 687 Pradesh to suspend/cancel Registration Certificate of
Environment Protection vehicles which do not possess a valid Pollution Under Control
Research And Certificate and also to initiate penal measures against the
Development owner and/or the person(s) in possession and/or control of
the offending vehicle, in accordance with law.
38. Government Of India Vs. SC Arbitration 2020 SCC Online Enforcement court may refuse enforcement of foreign award,
Vedanta Limited SC 749 but cannot set aside or correct it.
39. Perry Kansagra v. Smriti SC HMGA 2019 SCC Online Principle of confidentiality in mediation does not apply to
Madan Kansagra SC 211 matters of child custody.
40. Valsala Nisha v. Rajesh Ker HC HMA 2020 SCC Online Convenience of lady is of paramount concern while
Soman Nair Ker 3184 considering transfer petitions in matrimonial disputes.
41. Ranjith P.C. v. Asha Nair. Ker HC HMA 2020 SCC Online Wife’s persistent effort to separate husband from family
P Ker 1751 amounts to cruelty: Divorce granted in favour of husband.
42. Dharmesh Vasantrai Shah Bom HMGA 2020 SCC Online Mother has an indefeasible legal right to natural guardianship
v. Renuka Prakash Tiwari HC Bom 697 vis-à-vis an illegitimate child.
43. Vineeta Sharma V. SC HSA 2020 SCC Online Daughters have coparcenery rights even if their father was
Rakesh Sharma SC 641 not alive when Hindu Succession (Amendment) Act, 2005
came into force.
44. M. Arumugam v. SC HSA 2020 SCC Online Referring to Sections 6 and 8 of the Act, the Court said that
Ammaniammal and SC 15 on death of a Hindu male, notional partition of his property
Others will take place, and it will devolve on the legal heirs based on
their respective shares. Therefore, such property will no
longer retain the character of a 'Joint Family Property' after
such partition. The heirs will take after the property as
tenants-in-common and will enjoy joint possession till the
property is demarcated on their respective shares as per a
settlement deed.
45. Bhagwat Sharan Vs. SC HSA 2020 SCC Online Person who takes benefit of a portion of the will cannot
Purushottam: SC 348 challenge the remaining portion.
46. Kalindi Damodar Garde (d) SC HAMA 2020 SCC online Children born to adoptee before his adoption entitled to
v. Manohar Laxman SC 147 inherit his property in adoptive family
Kulkarn
47. M. Vanaja Vs. M. Sarla SC HAMA 2020 SCC Online Consent of wife and actual ceremony of adoption essential
Devi SC 311 for valid adoption.