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2021

2021
  • 24-12-2021 Sandeep Aggarwal v. Priyanka Agarwal (Delhi High Court) (Family Law)
    Family Law – Mental health / Ailment – Suffering from Acute Schizophrenia – the Family Court was duty bound to direct the medical examination of a party to a matrimonial litigation. A party could not have been left to gather evidence of the opposite party’s mental condition on his own.  
  • 20-12-2021 New India Assurance Co. Ltd. v. Januka Sharma (Sikkim High Court) (Motor Vehicles Act 1988)
    Motor Vehicles Act, 1988 – Section 173 – the Company had not struck out the words “Package Policy” – This arguments holds no water, as it is a human error and the document otherwise speaks for itself, inasmuch as no additional premium has been paid to cover a gratuitous passenger, nor has the Claimants been… Read More »2021
  • 17-12-2021 Sunny Abraham v. Union of India (Supreme Court of India) (Service Law)
    Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Rule 14 – Distinction between the prior approval and approval simplicitor does not have much impact so far as the status of the subject charge memorandum is concerned.  
  • 17-12-2021 Brijmani Devi v. Pappu Kumar (Supreme Court of India) (Bail)
    Bail – While elaborating reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail.  
  • 17-12-2021 K. Anjinappa v. K.C. Krishna Reddy (Supreme Court of India) (Advocates Act 1961)
    Advocates Act, 1961 – Disciplinary Proceedings – It is the duty of the Bar Council of India / State Bar council to improve its functioning on the disciplinary side.  
  • 17-12-2021 Ravinder Kumar Dhariwal v. Union of India (Supreme Court of India) (Rights of Persons with Disabilities Act 2016)
    Whether disciplinary proceedings can be instituted against the atypical conduct of an employee who has a mental disability ?  
  • 17-12-2021 Pani Ram v. Union of India (Supreme Court of India) (Disability Pension)
    Territorial Army Act, 1948 – Section 9 – Pension Regulations for the Army, 1961 – Regulation Nos. 292 and 173 – A member of the Territorial Army would be entitled to disability pension.  
  • 17-12-2021 Govindan v. State represented by the Deputy Superintendent of Police (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – Section 304 (ii) – With regard to quantum of sentence, it all depends on background facts of the case, antecedents of the accused, whether the assault was premeditated and pre-planned or not, etc.  
  • 17-12-2021 Ram Ratan v. State of Madhya Pradesh (Supreme Court of India) (Robbery)
    Penal Code, 1860 – Section 397 – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section… Read More »2021
  • 17-12-2021 Ngaitlang Dhar v. Panna Pragati Infrastructure Pvt. Ltd. (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
    Insolvency and Bankruptcy Code, 2016 – the dominant purpose of the IBC is revival of the Corporate Debtor and 24 making it an on­going concern.  
  • 17-12-2021 Madhya Pradesh Public Service Commission v. Manish Bakawale (Supreme Court of India) (Service Law)
    M.P. State Civil Services Rules, 2015 – Rule 4(3)(c)(1) and (2) – If a candidate is selected in the main list on the basis of the higher priority of post given by him in the preference sheet, he/she will not be considered for the remaining post(s) of preference sheet.  
  • 17-12-2021 Rajesh Pravinchandra Rajyaguru v. Gujarat Water Supply & Sewerage Board (Supreme Court of India) (Service Law)
    Water Supply and Sewerage Board Act, 1978 (Gujarat) – Daily rated employees of the Board cannot as a matter of right claim the parity of pay scales with the Government employees.  
  • 17-12-2021 Brigade Enterprises Ltd. v. Anil Kumar Virmani (Supreme Court of India) (Consumer Protection Act 2019)
    Consumer Protection Act, 2019 – Ss. 35 (1) r/w. 2 (5) – A complaint may be filed: (i) by a single consumer; (ii) by a recognised consumer Association; (iii) by one or more consumers jointly, seeking the redressal of their own grievances without representing other consumers who may or may not have the same interest;… Read More »2021
  • 17-12-2021 Parvati Devi v. State of Bihar now State of Jharkhand (Supreme Court of India) (Dowry Death)
    Penal Code, 1860 – Section 304B – Dowry Prohibition Act, 1961 – Section 2 – Definition of ‘Dowry’ – Dowry Death.  
  • 16-12-2021 IL and FS Engineering and Constructions Company Ltd. v. M/s. Bhargavarama Constructions (Supreme Court of India) (Code of Civil Procedure 1908)
    How to deal with and decide a first appeal under Section 96 and Order XLI Rule 31 of the CPC ?  
  • 16-12-2021 U.P. Avas Evam Vikas Parishad through Housing Commissioner v. Noor Mohammad (Supreme Court of India) (Land Acquisition Act 1894)
    General Clauses Act, 1897 – Section 21 – the power to issue Notification would include a power to rescind the Notification.  
  • 16-12-2021 Majji Sannemma @ Sanyasirao v. Reddy Sridevi (Supreme Court of India) (Delay)
    Condonation of Delay – Application for – Delay in filing the Appeal – Delay of 1011 days.  
  • 16-12-2021 Secretary to Govt. Department of Education (Primary) v. Bheemesh @ Bheemappa (Supreme Court of India) (Service Law)
    Service Law – Appointment on Compassionate Grounds – Applicability of a new or modified Scheme that comes into force after the death of the employee – Interpretation of.  
  • 16-12-2021 Safiq Ahmad v. ICICI Lombard General Insurance Co. Ltd. (Supreme Court of India) (Motor Vehicles Act 1988)
    The issue is with respect to filing of fake claim petitions for getting compensation under the Motor Vehicles Act as well as under the Workmen Compensation Act.  
  • 16-12-2021 Anita Rani v. Ashok Kumar (Supreme Court of India) (Contract Act 1872)
    Contract Act, 1872 – Section 70 – Obligation of person enjoying benefit of non-gratuitous act.  
  • 16-12-2021 State of Bihar v. Madhu Kant Ranjan (Supreme Court of India) (Service Law)
    Recruitment – a candidate / applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority.  
  • 16-12-2021 Star Paper Mills Ltd. v. Beharilal Madanlal Jaipuria Ltd. (Supreme Court of India) (Recovery)
    A person who attacks a transaction as sham, bogus and fictitious must prove the same.  
  • 16-12-2021 P. Satyanarayana v. Nandyala Rama Krishna Reddy (Supreme Court of India) (Tenancy)
    Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 – Section 38­E.  
  • 15-12-2021 Jharkhand Urja Vikas Nigam Ltd. v. State of Rajasthan (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Proceedings for conciliation and arbitration cannot be clubbed.  
  • 15-12-2021 Jaikam Khan v. State of Uttar Pradesh (Supreme Court of India) (Criminal Law)
    Golden principle to be followed in criminal jurisprudence.  
  • 15-12-2021 Bordeuri Samaj of Sri Sri Maa Kamakhya v. Riju Prasad Sarma (Supreme Court of India) (Contempt of Courts Act 1971)
    Contempt of Courts Act, 1971 – Power to punish for contempt has to be exercised with greatest care and caution – the contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection.  
  • 15-12-2021 Bijnor Urban Cooperative Bank Ltd. v. Meenal Agarwal (Supreme Court of India) (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002)
    Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – One Time Settlement (OTS) Scheme  
  • 14-12-2021 Managing Director K.S.R.T.C. V. Bharathi M.R. (Supreme Court of India) (Motor Accidents Claims)
    Motor Accidents Claims – In the sum of Rs.14,42,416/- along with interest at the rate of 8% p.a., was enhanced by the High Court to the level of Rs.46,89,972/- along with interest at the rate of 6%. The judgment shows that the relevant factors were considered by the High Court, whereafter, the conclusions were drawn… Read More »2021
  • 14-12-2021 Jagpal Singh v. Chairman Administrative Committee U.P. Milk Union & Dairy Federation Centralized Services (Supreme Court of India) (Review Petition)
    Review Petition – Delay of 62 days – Condoned – Application for listing Review Petition in open Court is rejected. After considering relevant provisions, by a detailed judgment, this Court found that the order of punishment passed by the Administrative Committee was based upon correct appreciation of facts and law and did not call for… Read More »2021
  • 14-12-2021 Uttar Pradesh Subordinate Service Selection Commission v. Brijendra Pratap Singh (Supreme Court of India)
    Public Service Examination – Answer Key.  
  • 14-12-2021 Bharat Sanchar Nigam Ltd. v. Sri Deo Kumar Rai @ Deo Kumar Ray (Supreme Court of India) (Service Law)
    Casual Labourers (Grant of Temporary Status and Regularization) Scheme of the Department of Telecommunications, 1989  
  • 14-12-2021 E.S. Krishnamurthy v. M/s. Bharath Hi Tech Builders Pvt. Ltd. (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
    Insolvency and Bankruptcy Code 2016 – Section 3 (11) – A “debt” is defined to be a liability or an obligation in respect of a claim due from any person. This includes a financial debt and an operational debt. The Adjudicating Authority cannot compel a party to the proceedings before it to settle a dispute… Read More »2021
  • 14-12-2021 State of Haryana v. M/s. Shiv Shankar Construction Co. (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act 1996 – the contractor was entitled to the loss on account of the additional expenditure incurred for maintenance of the road due to increase in the traffic because of the closure of the nearby Road and diversion of the traffic to the present road.  
  • 14-12-2021 Citizens for Green Doon v. Union of India (Supreme Court of India) (Environmental Law)
    Principles of Sustainable Development and Environmental Rule of Law  
  • 14-12-2021 Soorajmull Nagarmull v. Brijesh Mehrotra (Supreme Court of India) (Contempt of Courts Act 1971)
    Constitution of India – Article 129 – Contempt of Courts Act, 1971 – Section 12 – Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 – Rule 3 (C).  
  • 14-12-2021 Subash Thapa v. State of Sikkim (Sikkim High Court) (Murder)
    Penal Code, 1860 – Ss. 302, 392 & 427 – Prosecution has not only failed to establish the last seen together theory, but also the motive of the appellant for committing the crime – the seizure of the articles is fraught with inconsistencies – In the absence of cogent, consistent and plausible evidence furnished by… Read More »2021
  • 14-12-2021 Lochan Shrivas v. State of Chhattisgarh (Supreme Court of India) (Protection of Children from Sexual Offences Act 2012)
    Code of Criminal Procedure, 1973 – S. 366 – Evidence Act, 1872 – Ss. 8, 27 – Protection of Children from Sexual Offences Act, 2012 – S. 6 – Penal Code, 1860 – Ss. 363, 366, 376 (2) (i), 377, 201, 302 r/w. 376A.  
  • 14-12-2021 Diamond Exports v. United India Insurance (Supreme Court of India) (Consumer Protection Act 1986)
    Consumer Protection Act 1986 – Section 13 (2) – Delay in filing Written Statement.  
  • 14-12-2021 APMC Yashwanthapura v. Selva Foods (Supreme Court of India) (Tax Law)
    Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Karnataka) – Section 65 – Levy of market fees – Sale of the imported agricultural produce within the market area after processing – It is not entitled for exemption from payment of market fees.  
  • 14-12-2021 Mirza Iqbal @ Golu v. State of Uttar Pradesh (Supreme Court of India) (Matrimonial Disputes)
    Code of Criminal Procedure, 1973 – Ss. 173 (2), 482 – Penal Code, 1860 – Ss. 498A, 323, 504, 506, 304B – Dowry Prohibition Act, 1961 – S. 3, 4 – Making the family members of husband as accused by making casual reference to them in matrimonial disputes – Proceedings Quashed.  
  • 13-12-2021 Mohan @ Srinivas @ Seena @ Tailor Seena v. State of Karnataka (Supreme Court of India) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure, 1973 – Scope of inquiry by an Appellate court while dealing with an appeal against acquittal under Section 378 CrPC.  
  • 13-12-2021 Bharat Chaudhary v. Union of India (Supreme Court of India) (Narcotic Drugs and Psychotropic Substances Act 1985)
    Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail – Herbs / medicines meant to enhance male potency do not attract the provisions of the NDPS Act.  
  • 13-12-2021 N. Raghavender v. State of Andhra Pradesh, CBI (Supreme Court of India) (Penal Code 1860)
    Prevention of Corruption Act, 1988 – Ss. 13 (2) r/w. 13(1)(d) – Penal Code, 1860 – Ss. 409, 420 & 477A – Relevant statutory ingredients necessary to bring home the guilt of an accused when charged under Sections 409, 420 and 477A IPC. Ingredients necessary to prove a charge under Section 409 IPC Section 409… Read More »2021
  • 13-12-2021 Beereddy Dasaratharami Reddy v. V. Manjunath (Supreme Court of India) (Hindu Law)
    Hindu Law – Joint Hindu Family Property – Right of the Karta to execute agreement to sell or sale deed – Alienation by Father – What is legal necessity.  
  • 13-12-2021 A. Manju v. Prajwal Revanna @ Prajwal R. (Supreme Court of India) (Representation of People Act 1951)
    Representation of People Act, 1951 – Whether an election petition can be thrown out at the threshold on a plea of the respondent/elected candidate that the petition is not supported by an affidavit in Form 25, as prescribed under Rule 94A of Conduct of Election Rules, 1961, even though the petition is based on allegations… Read More »2021
  • 11-12-2021 Kallu Khan v. State of Rajasthan (Supreme Court of India) (Narcotic Drugs and Psychotropic Substance Act 1985)
    Constitution of India – Article 136 – Special leave to appeal by the Supreme Court – Scope of Interference. Interference in exercise of the power under Article 136 of the Constitution of India can only be called for when the judgment of the lower court is vitiated by gross error. Interference can be made when… Read More »2021
  • 11-12-2021 State of Odisha v. Pratima Mohanty (Supreme Court of India) (Prevention of Corruption Act 1988)
    Code of Criminal Procedure, 1973 – S. 482 – Penal Code, 1860 – Ss. 420 r/w. 120B Prevention of Corruption Act, 1988 – Ss. 13 (2) r/w. 13(1)(d) – Allegations against the accused are very serious including hatching a criminal conspiracy in allotment of plots in the discretionary quota arbitrarily and to their own family… Read More »2021
  • 11-12-2021 Laxman Prasad Pandey v. State of Uttar Pradesh (Supreme Court of India) (Bail)
    Penal Code, 1860 – S. 302 – Arms Act, 1959 – S. 27 & 30 – Bail Application. Case Law Reference Mahipal v. Rajesh Kumar @ Polia, (2020) 2 SCC 118 Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528  
  • 10-12-2021 Rushikesh Bharat Garud v. State of Maharashtra (Supreme Court of India) (Caste Certificate)
    Caste Certificate – Validity of – Scheduled Tribe Certificate Scrutiny Committee.  
  • 10-12-2021 Maharashtra State Electricity Distribution Co. Ltd. v. JSW Steel Ltd. (Supreme Court of India) (Electricity Act 2003)
    Electricity Act, 2003 – Captive consumers / captive users, who form a separate class other than the consumers defined under Section 2(15) of the Act, 2003, shall not be subjected to and/or liable to pay additional surcharge leviable under Section 42(4) of the Act, 2003. The consumers defined under Section 2(15) and the captive consumers… Read More »2021
  • 10-12-2021 Soman v. Inland Waterways Authority of India (Supreme Court of India) (Land Acquisition Act 1894)
    Land Acquisition Act, 1894 – Fixation of market value in a Reference under Section 18(1) of the said Act necessarily involves some guesswork. However, the guesswork is required to be made by adopting one of the well-recognized methods, such as the comparison method or capitalization method. Category ‘A’ lands were dry lands having frontage on… Read More »2021
  • 10-12-2021 Murthy v. C. Saradambal (Supreme Court of India) (Succession Act 1925)
     
  • 09-12-2021 Jacob Punnen v. United India Insurance Co. Ltd. (Supreme Court of India) (Insurance Law)
     
  • 09-12-2021 Commissioner of GST and Central Excise v. Citi Bank N.A. (Supreme Court of India) (Service Tax)
    Finance Act, 1994 – Service Tax – Credit Card services – Statutory Framework for Service Tax – Who is Liable to Pay Service Tax and File Return – Effect of Service Tax being a Value Added Tax. K.M. JOSEPH, J. 1. The issuing bank was providing service. 2. For the period prior to 01.07.2012, the… Read More »2021
  • 09-12-2021 Gulab v. State of Uttar Pradesh (Supreme Court of India) (Penal Code 1860)
    JT 2021 (12) SC 134 : 2021 (14) SCALE 721
  • 09-12-2021 M/s. Suvarna Cooperative Bank Ltd. v. State of Karnataka (Supreme Court of India) (Code of Criminal Procedure 1973)
    JT 2021 (12) SC 131 : 2021 (14) SCALE 718
  • 09-12-2021 State by S.P. through the SPE CBI v. Uttamchand Bohra (Supreme Court of India) (Prevention of Corruption Act 1988)
    (2021) 12 SCC 117 : 2021 (14) SCALE 734
  • 09-12-2021 Bhagchandra v. State of Madhya Pradesh (Supreme Court of India) (Capital Punishment)
    2021 (14) SCALE 749
  • 08-12-2021 Rasmita Biswal v. National Insurance Company Ltd. (Supreme Court of India) (Motor Vehicles Act 1988)
    Motor Vehicles Act, 1988 – In order to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, it would be just and proper to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Act so that the… Read More »2021
  • 08-12-2021 Uttar Pradesh State Road Transport Corporation v. Gajadhar Nath (Supreme Court of India) (Industrial Disputes Act 1947)
    Labour Law – The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings. Industrial Disputes Act 1947 – Section 11A – Scope of an adjudicator – if a domestic inquiry has been held and finding of misconduct is recorded, the authorities under the… Read More »2021
  • 08-12-2021 K.S. Ranganatha v. Vittal Shetty (Supreme Court of India) (Negotiable Instruments Act 1881)
    Negotiable Instruments Act 1881 – Legal aspect relating to the presumption arising in law when a cheque is issued – When a cheque is drawn out and is relied upon by the drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount; such presumption of course,… Read More »2021
  • 08-12-2021 Shyam Sunder Oberoi v. District and Session Judge (Supreme Court of India) (Service Law)
    Service Law – the employees who were appointed on ad­hoc basis and qualified typing test at the later stage, in absence of the scheme of rules in determining seniority, at least could not have a right to march over such of the employees who were appointed on substantive basis after going through the process of… Read More »2021
  • 08-12-2021 Kuljit Singh v. State of Punjab (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – Section 304­B – the mother–­in–­law of the deceased had been ascribed any specific role in making the demand and inflicting cruelty – a sweeping statement has been made that the husband and in-­laws of the deceased had inflicted cruelty or it has been stated that the husband and his mother had… Read More »2021
  • 08-12-2021 Director of Indian System of Medicine v. Dr. Susmi C.T. (Supreme Court of India) (Service Law)
    Service Law – the tribunal entirely misdirected itself in making an inquiry whether vacancies had arisen in June 2017, with promotion of some Medical Officers. As the department explained, those promotions could not automatically result in vacancies, having regard to the fact that excess number of Medical Officers were on the rolls. Furthermore, the tribunal… Read More »2021
  • 08-12-2021 K. Jayaram v. Bangalore Development Authority (Supreme Court of India) (Writ)
    Pleadings – Writ Petition – the parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject-matter of dispute which is within their knowledge. In case, according to the parties to the dispute, no legal proceedings or court litigations was or is pending, they… Read More »2021
  • 08-12-2021 Sri Lankappa v. Karnataka Industrial Corporation (Supreme Court of India) (Code of Civil Procedure 1908)
    Code of Civil Procedure, 1908 – Order II Rule 2 – the question of title was directly in issue in the previous proceedings, and merely because it resulted in findings adverse, it could not escape being bound by those findings. Case Law Reference Ramrameshwari Devi v. Nirmala Devi, (2011) 8 SCC 249 M. Nagabhushana v… Read More »2021
  • 08-12-2021 Ajay Kumar Shukla v. Arvind Rai (Supreme Court of India) (Service Law)
    Seniority – three to four years would be a reasonable period to challenge a seniority list and also that any challenge beyond the aforesaid period would require satisfactory explanation.  
  • 07-12-2021 Amudhavali v. P. Rukumani (Supreme Court of India) (Civil Law)
    Civil Law – Registration of document is always subject to adjudication of rights of the parties by the competent civil court. Case Law Reference Satya Pal Anand v. State of Madhya Pradesh, (2016) 10 SCC 767 Thota Ganga Laxmi v. Government of Andhra Pradesh, (2010) 15 SCC 207  
  • 07-12-2021 Parveen @ Sonu v. State of Haryana (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – Section 120B – Criminal Conspiracy – A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy. Even the alleged confessional statements of the co-accused, in absence of other acceptable corroborative… Read More »2021
  • 07-12-2021 Mohd Zahid v. State through NCB (Supreme Court of India) (Narcotics Drugs and Psychotropic Substances Act 1985)
    Code of Criminal Procedure, 1973 – Section 427 – Whether the subsequent sentence should run concurrently or consecutively – Principles of Law. 1. If a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to… Read More »2021
  • 07-12-2021 Manohar Infrastructure and Constructions Pvt. Ltd. v. Sanjeev Kumar Sharma (Supreme Court of India) (Consumer Protection Act 2019)
    Consumer Protection Act, 2019 – Section 51 – Appeal to National Commission – Pre-deposit of 50 per cent of amount as ordered by the State Commission under second proviso to Section 51 of the Consumer Protection Act, 2019 is mandatory for entertainment of an appeal by the National Commission. The object of the said pre-deposit… Read More »2021
  • 06-12-2021 Bhasin Infotech And Infrastructure Pvt. Ltd. v. Neema Agarwal (Supreme Court of India) (Consumer Protection Act 1986)
     
  • 06-12-2021 Manmohan Nanda v. United India Assurance Co. Ltd. (Supreme Court of India) (Insurance Law)
    The object of seeking a mediclaim policy is to seek indemnification in respect of a sudden illness or sickness which is not expected or imminent and which may occur overseas. If the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to… Read More »2021
  • 06-12-2021 Bangalore Development Authority v. N. Nanjappa (Supreme Court of India) (Code of Civil Procedure 1908)
    Code of Civil Procedure, 1908 – Order XXI Rules 97 & 101 – Resistance or obstruction to possession of immovable property – Question to be determined – As per Order XXI Rule 101 CPC, all questions including questions relating to right, title or interest in the property arising between the parties to a proceeding on… Read More »2021
  • 06-12-2021 Akshay N. Patel v. Reserve Bank of India (Supreme Court of India) (Reserve Bank of India Act 1934)
    Revised Guidelines on Merchanting Trade Transactions (MTT Guidelines) – Clause 2(iii) of the 2020 MTT Guidelines was a proportionate measure in ensuring the availability of sufficient domestic stock of PPE products. The measure was validly enacted, in pursuance of legitimate state interest and did not disproportionately impact the fundamental rights of the appellant. Hence, Clause… Read More »2021
  • 03-12-2021 M.P. Housing and Infrastructure Development Board v. K.P. Dwivedi (Supreme Court of India) (Income Tax Act 1961)
    Arbitration and Conciliation Act, 1996 – Case Law Reference Hindustan Zinc Ltd. v. Ajmer Vidyut Vitran Nigam Ltd., (2019) 17 SCC 82 Madhya Pradesh Rural Road Development Authority v. L.G. Chaudhary Engineers and Contractors, (2018) 10 SCC 826 M.P. Rural Road Development Authority v. L.G. Chaudhary Engineers & Contractors, (2012) 3 SCC 495 Pushpa Devi… Read More »2021
  • 03-12-2021 State of Maharashtra v. Pankaj Jagshi Gangar (Supreme Court of India) (Bail)
    Penal Code, 1860 – Ss. 384, 386, 387 r/w. 34 – After investigation a charge sheet was submitted under the provisions of the IPC as well as under the Maharashtra Control of Organised Crime Act (MCOCA) – Question of quashing and setting aside the wrong order passed by the court releasing the accused on bail.… Read More »2021
  • 03-12-2021 Commissioner of Income Tax v. Reliance Telecom Ltd. (Supreme Court of India) (Income Tax Act 1961)
    JT 2021 (12) SC 58
  • 03-12-2021 Arce Polymers Pvt. Ltd. v. Alphine Pharmaceuticals Pvt. Ltd. (Supreme Court of India) (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002)
    Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 13 (3A) – Security Interest (Enforcement) Rules, 2002 – Principle applied is that of waiver and estoppel. Waiver is an intentional relinquishment of a known right. Waiver applies when a party knows the material facts and is cognizant of the… Read More »2021
  • 03-12-2021 Jaidev Rajnikant Shroff v. Poonam Jaidev Shroff (Supreme Court of India) (Protection of Women from Domestic Violence Act 2005)
    The conduct of the wife in firstly not choosing any house as per her choice and secondly, in rejecting all the properties, which have been identified by the Architect, only on the ground that they are not similar and therefore, not in accordance with the order, to say the least is unreasonable.  
  • 03-12-2021 Union of India v. Mudrika Singh (Supreme Court of India) (Service Law)
    Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 – Rising trend of invalidation of proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable service rules.  
  • 03-12-2021 Sunil Todi v. State of Gujarat (Supreme Court of India) (Negotiable Instruments Act 1881)
    Code of Criminal Procedure, 1973 – Section 202 – Negotiable Instruments Act, 1881 – Section 145 – Dishonour of Cheque – If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases the Magistrate can examine documents to be satisfied that there are sufficient grounds for… Read More »2021
  • 01-12-2021 Ashim v. National Investigation Agency (Supreme Court of India) (Unlawful Activities (Prevention) Act 1967)
    JT 2021 (12) SC 1
  • 01-12-2021 Dr. G. Sadasivan Nair v. Cochin University of Science and Technology (Supreme Court of India) (Service Law)
    Service Rules (Kerala) – Rule 25 (a), Part III – If the respondent University sought to deny the benefit of Rule 25 (a), in light of the proviso which was subsequently inserted thereby limiting the benefit of the Rule, it ought to have done so uniformly. The proviso could have been made applicable in relation… Read More »2021
  • 01-12-2021 Phool Singh v. State of Madhya Pradesh (Supreme Court of India) (Rape)
    Penal Code, 1860 – Section 376 – Credibility and/or trustworthiness of the prosecutrix. She is found to be reliable and trustworthy. Therefore, without any further corroboration, the conviction of the accused relying upon the sole testimony of the prosecutrix can be sustained. Penal Code, 1860 – Section 376 – Submission that there were no external… Read More »2021
  • 01-12-2021 Neha Tyagi v. Lieutenant Colonel Deepak Tyagi (Supreme Court of India) (Family Law)
    Family Law – Divorce – the husband cannot be absolved from his liability and responsibility to maintain his son till he attains the age of majority. Whatever be the dispute between the husband and the wife, a child should not be made to suffer. The liability and responsibility of the father to maintain the child… Read More »2021
  • 01-12-2021 Committee of Creditors v. Dinkar T. Venkatsubramanian (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
    Insolvency and Bankruptcy Code, 2016 – the entire resolution process has to be completed within the period stipulated under Section 12 of the IBC and any deviation would defeat the object and purpose of providing such time limit.  
  • 01-12-2021 Taijuddin v. State of Assam (Supreme Court of India) (Penal Code 1860)
    JT 2021 (12) SC 5
  • 01-12-2021 Jeeja Ghosh v. Union of India (Supreme Court of India) (Disability)
    Civil Aviation Requirements (CAR) guidelines with regard to the carrying/lifting of differently abled person – Guidelines regarding ‘Carriage by Air of Persons with Disability and/or Persons with Reduced Mobility’ – Directions.  
  • 30-11-2021 Bombay Hospital & Medical Research Centre v. Asha Jaiswal (Supreme Court of India) (Medical Negligence)
    JT 2021 (12) SC 9
  • 30-11-2021 Vinod Kumar v. Amritpal @ Chhotu (Supreme Court of India) (Murder)
    JT 2021 (12) SC 30
  • 29-11-2021 Pradeep S. Wodeyar v. State of Karnataka (Supreme Court of India) (Code of Criminal Procedure 1973)
    JT 2021 (12) SC 61
  • 26-11-2021 Mofil Khan v. State of Jharkhand (Supreme Court of India) (Murder)
    Review Petition – Death Sentence – keeping in mind the gruesome murder of the entire family of their sibling in a pre-planned manner without provocation due to a property dispute, the Petitioners deserve a sentence of a period of 30 years – the sentence of death imposed on the Petitioners is converted to life imprisonment… Read More »2021
  • 26-11-2021 Surinder Singh v. State Union Territory of Chandigarh (Supreme Court of India) (Arms Act 1959, Attempt to Murder)
    Penal Code, 1860 – Section 307 – Attempt to Murder – Whether the requirement of ‘motive’ is indispensable for proving the charge of attempt to murder under Section 307 IPC ? Held, Absence of motive alone cannot abjure the guilt of the accused. It is significant to note that ‘motive’ is distinct from ‘object and… Read More »2021
  • 26-11-2021 Union of India v. Ram Bahadur Yadav (Supreme Court of India) (Service Law)
    JT 2021 (11) SC 537
  • 26-11-2021 Hari v. State of Uttar Pradesh (Supreme Court of India) (Unlawful Assembly)
    Penal Code, 1860 – Section 149 – Unlawful Assembly. Section 149 of the Indian Penal Code is declaratory of the vicarious liability of the members of an unlawful assembly for acts done in prosecution of the common object of that assembly or for such offences as the members of the unlawful assembly knew would be… Read More »2021
  • 26-11-2021 Sai Baba Sales Pvt. Ltd. v. Union of India (Supreme Court of India) (National Green Tribunal Act 2010)
    National Green Tribunal Act, 2010  
  • 26-11-2021 Electrosteel Castings Ltd. v. UV Asset Reconstruction Company Ltd. (Supreme Court of India) (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002)
    Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – the allegations of ‘fraud’ are made without any particulars and only with a view to get out of the bar under Section 34 of the SARFAESI Act and by such a clever drafting the plaintiff intends to bring the suit maintainable… Read More »2021
  • 25-11-2021 State of Haryana v. Harnam Singh (Supreme Court of India) (Succession Act 1925)
    Succession Act, 1925 – Section 63 – Execution of unprivileged Wills – The requirement of Section 63 of the Indian Succession Act, 1925 cannot be said to have been fulfilled by mechanical compliance of the stipulations therein. Evidence of 8 meeting the requirement of the said provision must be reliable. The High Court erred in… Read More »2021
  • 25-11-2021 L & T Finance Ltd. v. Pramod Kumar Rana (Supreme Court of India) (Consumer Law)
    JT 2021 (11) SC 441
  • 24-11-2021 Avneesh Chandan Gadgil v. Oriental Bank of Commerce (Supreme Court of India) (Recovery of Debts due to Banks and Financial Institutions Act 1993)
    JT 2021 (11) SC 453
  • 24-11-2021 Devender Bhaskar v. State of Haryana (Supreme Court of India) (Employment Law)
    JT 2021 (11) SC 444
  • 24-11-2021 State of Rajasthan v. Bablu @ Om Prakash (Supreme Court of India) (Penal Code 1860)
    JT 2021 (11) SC 455
  • 18-11-2021 State of Uttar Pradesh v. Pankaj Kumar (Supreme Court of India) (Recruitment)
    Recruitment – there is no bar in intimating the candidates through SMS, more particularly when large number of candidates had to appear in the subsequent process and majority of the candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS. Even, so far as the respondent is concerned, it is… Read More »2021
  • 18-11-2021 National Confederation of Officers Association of Central Public Sector Enterprises v. Union of India (Supreme Court of India)
    Constitution of India – Article 32 – Res Judicata and Public Interest Litigations (PILs) – While determining the applicability of the principle of res judicata under Section 11 of the Code of Civil Procedure 1908, the Court must be conscious that grave issues of public interest are not lost in the woods merely because a… Read More »2021
  • 18-11-2021 Sagar Lolienkar v. State of Goa (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – Ss. 279 & 304A – the appellant has been found to be guilty of offences punishable under Sections 279 and 304A IPC for driving rashly and negligently on a public street and his act unfortunately resulted in the loss of the precious human life. But it is pertinent to note that… Read More »2021
  • 18-11-2021 State of Madhya Pradesh v. Ashish Awasthi (Supreme Court of India) (Compassionate Appointment)
    Compassionate Appointment – For appointment on compassionate ground, the policy prevalent at the time of death of the deceased employee only is required to be considered and not the subsequent policy. Relying upon the subsequent circular/policy dated 31.08.2016, the Division Bench of the High Court has directed the appellants to consider the case of the… Read More »2021
  • 18-11-2021 Attorney General for India v. Satish (Supreme Court of India) (Protection of Children from Sexual Offences Act 2012)
    Protection of Children from Sexual Offences Act, 2012 – the prosecution was not required to prove a “skin to skin” contact for the purpose of proving the charge of sexual assault under Section 7 of the Act. Protection of Children from Sexual Offences Act, 2012 – Neither Section 7 nor any other provision of POCSO… Read More »2021
  • 18-11-2021 Sami Ullah v. Zulfikar Nasir (Supreme Court of India) (Interim Bail)
    Interim Bail – to attend the marriage ceremony of daughter – applicant shall be accompanied by the Police personnel in plain clothes. However, there will be no handcuffing of the applicant during the period.  
  • 18-11-2021 Meena Pawaia v. Ashraf Ali (Supreme Court of India) (Motor Accident Claims)
    Motor Accident Claims – Merely because in the execution proceedings the claimants might have accepted the amount as awarded by the Court, may be as full and final settlement, it shall not take away the right of the claimants to claim just compensation and shall not preclude them from claiming the enhanced amount of compensation… Read More »2021
  • 18-11-2021 Narinder Singh v. Union of India (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – Idioms carping ‘delay’ and ‘hurry’ in adjudication highlight the importance of both speedy disposal and reasonable opportunity, as both are essential for an even-handed and correct decision. Neither should be sacrificed nor inflated, as to prolong or trample a just and fair adjudication. A pragmatic and common-sense approach would… Read More »2021
  • 18-11-2021 Union of India v. Manraj Enterprises (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – the learned Arbitrator in the instant case has erred in awarding pendente lite and future interest on the amount due and payable to the contractor under the contract in question and the same has been erroneously confirmed by the High Court.  
  • 18-11-2021 Steel Authority of India Ltd. v. Gouri Devi (Supreme Court of India) (Compassionate Appointment, Service Law)
    Service Law – Compassionate Appointment – Delay and Laches – the deceased employee died in the year 1977 and the second application for appointment on compassionate ground by the widow to appoint her second son was filed in the year 1996, i.e., after a period of 18 years of the date of the death of… Read More »2021
  • 18-11-2021 Rishipal Singh Solanki v. State of Uttar Pradesh (Supreme Court of India) (Juvenile Justice (Care and Protection of Children) Act 2015, Penal Code 1860)
    Juvenile Justice (Care and Protection of Children) Act, 2015 – Claim of Juvenility. A claim of juvenility may be raised at any stage of a criminal proceeding, even after a final disposal of the case. A delay in raising the claim of juvenility cannot be a ground for rejection of such claim. It can also… Read More »2021
  • 18-11-2021 Veena Pandey v. Union of India (Supreme Court of India) (Pension, Service Law)
    Service Law – Pension as is well known, is the deferred portion of the compensation1 for rendering long years of service. It is a hard-earned benefit accruing to an employee in the nature of property. Service Law – Pension – the Coal Mines Pension Scheme, 1998 was framed as a measure of social security for… Read More »2021
  • 18-11-2021 Tejinder Kumar Jolly v. State of Uttarakhand (Supreme Court of India) (Environmental Law)
    Environmental Law – Water (Prevention and Control of Pollution) Act, 1981 – Air (Prevention and Control of Pollution) Act, 1974 – National Green Tribunal (NGT) – Pre-existing Industrial Units – Stone Crushers – The main stand of the respondents before the NGT is that they are old units operating since 1985 and they should not… Read More »2021
  • 17-11-2021 Acqua Borewell Pvt. Ltd. v. Swayam Prabha (Supreme Court of India) (Injunction)
    Injunction – Before granting any injunction with respect to the properties in which the proposed defendants are claiming right, title or interest on the basis of the development agreements or otherwise they ought to have been given an opportunity of being heard. No injunction could have been granted against them without impleading them as defendants… Read More »2021
  • 17-11-2021 Assa Singh v. Shanti Parshad (Supreme Court of India) (Land Law)
    Punjab Security of Land Tenures Act, 1953 – Section 25 – Interpretation of – Exclusion of courts and authorities.  
  • 15-11-2021 Kumari Rekha Bharati v. State of Bihar (Supreme Court of India) (Service Law)
    Service Law – Appointments of Anganwadi Sevikas – Qualifications / conditions for selection to the post of Anganwadi Sevika – Relatives such as daughter /wife / daughter-in-law of the government servant is ineligible for appointment as Anganwadi Sevika – No distinction can be drawn between a married daughter and unmarried daughter for the purpose of… Read More »2021
  • 15-11-2021 Oriental Insurance Co. Ltd. v. Malana Power Company Ltd. (Supreme Court of India) (Insurance Law)
    Insurance Law – Non-disclosure or fraud – Whether there was any material suppression or not, is a matter of fact, which is to be verified from the facts and circumstances of each case and material on record. [Para 14]  
  • 13-11-2021 Welspun Specialty Solutions Ltd. v. Oil and Natural Gas Corporation Ltd. (Supreme Court of India) (Contract Law)
    Contract Law – ‘Whether time is of the essence in a contract’, has to be culled out from the reading of the entire contract as well as the surrounding circumstances. Merely having an explicit clause may not be sufficient to make time the essence of the contract.  
  • 13-11-2021 Punjab State Civil Supplies Corporation Ltd. v. Ramesh Kumar and Company (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – The jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the 1996 Act arising from the disposal of a petition challenging an arbitral award under Section 34 of the 1996 Act.… Read More »2021
  • 12-11-2021 B.K. Enterprises v. State of Manipur (Supreme Court of India) (Contract Law)
    Contract Law – Notice Inviting Tender (NIT) – NIT for transportation of food grains and Micronutrients under the Wheat Based Nutrition Programme (WBNP) – It is very unfortunate that the contract for supply/transportation of rice and other micronutrients under the Development Scheme has been continued by way of an interim arrangement only and without issuing… Read More »2021
  • 12-11-2021 Sadakat Kotwar v. State of Jharkhand (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – When the deadly weapon – dagger has been used, there was a stab injury on the stomach and near the chest which can be said to be on the vital part of the body and the nature of injuries caused, it is rightly held that the appellants have committed the offence… Read More »2021
  • 12-11-2021 Jitul Jentilal Kotecha v. State of Gujarat (Supreme Court of India) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure 1973 – the High Court cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482.  
  • 10-11-2021 Bhupesh Rathod v. Dayashankar Prasad Chaurasia (Supreme Court of India) (Negotiable Instruments Act 1881)
    Negotiable Instruments Act, 1881 – Sections 138, 139, 118 & 142 – Cognizance of Offences – No Magistrate could insist that the particular person whose statement was taken on oath alone can continue to represent the Company till the end of the proceedings. Not only that, even if there was initially no authority the Company… Read More »2021
  • 29-10-2021 Dayle De’souza v. Government of India (Supreme Court of India) (Minimum Wages Act 1948, Offences by Companies)
    Minimum Wages Act, 1948 – Section 22C – Offences by companies – The proviso being an exception cannot be made a justification or a ground to launch and initiate prosecution without the satisfaction of conditions under sub-section (1) of Section 22C of the Act. The proviso that places the onus to prove the exception on… Read More »2021
  • 29-10-2021 Ganesan v. State (Supreme Court of India) (Dacoity, Penal Code 1860, Robbery)
    Penal Code, 1860 – the term ‘offender’ under Section 397 IPC is confined to the ‘offender’ who uses any deadly weapon and use of deadly weapon by one offender at the time of committing robbery cannot attract Section 397 IPC for the imposition of minimum punishment on another offender who has not used any deadly… Read More »2021
  • 29-10-2021 Life Insurance Corporation of India v. Sunita (Supreme Court of India) (Insurance Law)
    Insurance Law – the terms of insurance policy have to be strictly construed, and it is not permissible to rewrite the contract while interpreting the terms of the Policy. Case Law Reference Vikram Greentech (I) Ltd. v. New India Assurance Co. Ltd., (2009) 5 SCC 599 Life Insurance Corporation of India v. Jaya Chandel, (2008)… Read More »2021
  • 29-10-2021 State of Kerala v. Popular Estates (Supreme Court of India) (Forest Law)
    Kerala Private Forests (Vesting and Assignment) Act, 1971  
  • 29-10-2021 Hariram Bhambhi v. Satyanarayan (Supreme Court of India) (Bail)
    Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 15A (3) and (5) – Breach of the statutory requirements – Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. They continue to be a reality in our society even today. Hence the statutory… Read More »2021
  • 29-10-2021 Narayana Prasad Sahu v. State of Madhya Pradesh (Supreme Court of India) (Prevention of Food Adulteration Act 1954)
    Prevention of Food Adulteration Act, 1954 – Report of Public Analyst – Mere dispatch of the report to the accused is not a sufficient compliance with the requirement of subsection (2) of Section 13 and the report must be served on the accused. Case Law Reference Vijendra v. State of Uttar Pradesh, (2020) 15 SCC… Read More »2021
  • 29-10-2021 Bhoopendra Singh v. State of Rajasthan (Supreme Court of India) (Bail)
    Bail – Cancellation of – the impugned order granting bail is unsustainable. The High Court has failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent. The High Court has proceeded on the erroneous basis that no overt act has been assigned to… Read More »2021
  • 28-10-2021 Yatin Narendra Oza v. High Court of Gujarat (Supreme Court of India) (Advocates Act 1961)
    Advocates Act, 1961 – The privilege of the Senior’s gown has been withdrawn unanimously by a Full Bench of the Gujarat High Court and that is what is sought to be assailed in the present petition under Article 32 of the Constitution of India. Case Law Reference Indira Jaising v. Supreme Court of India, (2017)… Read More »2021
  • 28-10-2021 Sripati Singh v. State of Jharkhand (Supreme Court of India) (Negotiable Instruments Act 1881)
    Penal Code, 1860 – Section 420 – Negotiable Instruments Act, 1881 – Mere dishonourment of the cheque cannot be construed as an act on the part of the accused with a deliberate intention to cheat and the mens rea in that regard cannot be gathered from the point the amount had been received. Negotiable Instruments… Read More »2021
  • 27-10-2021 Jithendran v. New India Assurance (Supreme Court of India) (Motor Vehicles Act 1988)
    Motor Vehicles Act, 1988 – The Act is in the nature of social welfare legislation and its provisions make it clear that the compensation should be justly determined. A person therefore is not only to be compensated for the injury suffered due to the accident but also for the loss suffered on account of the… Read More »2021
  • 27-10-2021 K.V. Anil Mithra v. Sree Sankaracharya University of Sanskrit (Supreme Court of India) (Industrial Disputes Act 1947)
    Industrial Disputes Act, 1947 – Section 25F – Merely because the appointments are not in accordance with the procedure would not disentitle them from claiming protection under provisions of the Act 1947. Case Law Reference Punjab Urban Planning and Development Authority v. Karamjit Singh, (2019) 16 SCC 782 Satluj Jal Vidyut Nigam v. Raj Kumar… Read More »2021
  • 26-10-2021 Sudhir Kumar Atrey v. Union of India (Supreme Court of India) (Service Law)
    Service Law – Seniority – in the matter of adjudging seniority of the candidates selected in one and the same selection, placement in the order of merit can be adopted as a principle for determination of seniority but where the selections are held separately by different recruiting authorities, the principle of initial date of appointment/continuous… Read More »2021
  • 26-10-2021 P.B. Nayak v. Bhilai Steel Plant (Supreme Court of India) (Shops & Establishments)
    Shops & Establishments – Club – Exemption of a club, which is not residential – What is the meaning of the expression ‘residential club’ – Distinction between ‘residential club’ and ‘residential hotel’ – Explained.   
  • 26-10-2021 V. Anantha Raju v. T.M. Narasimhan (Supreme Court of India) (Partnership Act 1932)
     
  • 26-10-2021 Dr. U.N. Bora v. Assam Roller Flour Mills Association (Supreme Court of India) (Contempt of Courts Act 1971)
    Contempt of Courts Act, 1971 – Vicarious liability as a principle cannot be applied to a case of contempt.  
  • 26-10-2021 Mitesh Kumar J. Sha v. State of Karnataka (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – Difference between a mere breach of contract and an offence of cheating – Explained.  
  • 26-10-2021 Sughar Singh v. Hari Singh (Supreme Court of India) (Specific Relief Act 1963)
    Specific Relief Act, 1963 – Section 10 (a)  – the specific performance is no longer a discretionary relief. As such the question whether the said provision would be applicable retrospectively or not and/or should be made applicable to all pending proceedings including appeals is kept open. However, at the same time, the same can be… Read More »2021
  • 26-10-2021 Shantaben Bhurabhai Bhuriya v. Anand Athabhai Chaudhari (Supreme Court of India) (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989)
    Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – It may be noted that in view of insertion of proviso to Section 14 of the Atrocities Act and considering the object and purpose, for which, the proviso to Section 14 of the Atrocities Act has been inserted i.e. for the purpose of providing… Read More »2021
  • 26-10-2021 Caparo Engineering India Ltd. v. Ummed Singh Lodhi (Supreme Court of India) (Industrial Disputes Act 1947)
    Industrial Disputes Act, 1947 Feeling aggrieved and dissatisfied with the judgment and award passed by the Labour Court, the employer – management preferred writ petitions under Article 227 of the Constitution of India before the High Court and by the impugned common judgment and order the High Court has dismissed the said writ petitions treating… Read More »2021
  • 26-10-2021 Azam Jahi Mill Workers Association v. National Textile Corporation Ltd. (Supreme Court of India) (Constitution of India)
    Constitution of India – The concept of equality before the law and equal protection of the laws emerges from the fundamental right expressed in Article 14 of the Constitution. Equality is a definite concept. The concept of equality has an inherent limitation arising from the very nature of the constitutional guarantee. Those who are similarly… Read More »2021
  • 25-10-2021 State of Madhya Pradesh v. Mahendra @ Golu (Supreme Court of India) (Penal Code 1860)
    Penal Code, 1860 – Ss. 354, 376 (2) (f) r/w. 511 – Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 – Distinction between ‘attempt’ to commit an offence or mere ‘preparation’ thereof – Difference between 'Attempt and preparation’ in a rape case. What constitutes an `attempt’ is a mixed question of law and… Read More »2021
  • 25-10-2021 Ramawatar v. State of Madhya Pradesh (Supreme Court of India) (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989)
    Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the… Read More »2021
  • 22-10-2021 Jalkal Vibhag Nagar Nigamv. Pradeshiya Industrial and Investment Corporation (Supreme Court of India) (Tax)
    Water Supply and Sewerage Act, 1975 (Uttar Pradesh) – Whether the demand of water tax and sewerage tax is sustainable with reference to the provisions of the UP Water Supply and Sewerage Act; and Whether the State Legislature has the legislative competence to levy the tax under the provisions of Section 52(1)(a).  
  • 22-10-2021 V. Nagarajan v. SKS Ispat and Power Ltd. (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
    Insolvency and Bankruptcy Code 2016 – When will the clock for calculating the limitation period run for proceedings under the IBC; and (ii) is the annexation of a certified copy mandatory for an appeal to the NCLAT against an order passed under the IBC – must be based on a harmonious interpretation of the applicable… Read More »2021
  • 22-10-2021 Union of India v. A. Shainamol, IAS (Supreme Court of India) (Service Law)
    Indian Administrative Service (IAS) – the allocation of cadre is not a matter of right. A selected candidate has a right to be considered for appointment to the IAS but he has no such right to be allocated to a cadre of his choice or to his home state. Allotment of cadre is an incidence… Read More »2021
  • 22-10-2021 Jayan v. State of Kerala (Supreme Court of India) (Evidence Act 1872)
    JT 2021 (10) SC 380
  • 21-10-2021 Kavitha Lankesh v. State of Karnataka (Supreme Court of India) (Code of Criminal Procedure 1973)
    Control of Organised Crimes Act, 2000 (Karnataka) – Ss 3 and 24 (1)(a) – Cognizance of and investigation into an offence – At the stage of granting prior approval under Section 24(1)(a) of the 2000 Act, the competent authority is not required to wade through the material placed by the Investigating Agency before him along… Read More »2021
  • 21-10-2021 Prem Shankar Prasad v. State of Bihar (Supreme Court of India) (Code of Criminal Procedure 1973)
    JT 2021 (10) SC 410
  • 21-10-2021 Vaibhavi Enterprise v. Nobel Cera Coat (Supreme Court of India) (Constitution of India)
    Constitution of India – Whether in exercise of powers under Article 226, the High Court could have permitted one of the bidder to revise / modify its offer ? Held, the procedure adopted by the High Court while disposing of the writ petition by permitting / allowing the original writ applicant to modify its offer… Read More »2021
  • 21-10-2021 Valsan P. v. State of Kerala (Supreme Court of India) (Service Law)
    State and Subordinate Service Rules (Kerala) – Rule 39 of Part II & “Rule 29 Part III KSR – Resignation and Dismissal – Whether the break in service interrupting the service rendered in Telecom Department and the Technical Education Department is condonable ?  
  • 21-10-2021 Vaishno Devi Construction v. Union of India (Supreme Court of India) (Code of Civil Procedure 1908)
    Code of Civil Procedure 1908 – Ss. 47 & 146; O. XXI R. 16 – Questions to be determined by the Court executing decree – Proceedings by or against representatives – Application for execution by transferee of decree – the objective of amending Order XXI Rule 16 of the CPC by adding the Explanation was… Read More »2021
  • 20-10-2021 State of Gujarat v. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani (Supreme Court of India) (Penal Law)
    JT 2021 (10) SC 306
  • 20-10-2021 Naser Bin Abu Bakr Yafai v. State of Maharashtra (Supreme Court of India) (National Investigation Agency Act 2008)
    JT 2021 (10) SC 284
  • 08-10-2021 Municipal Corporation of Greater Mumbai v. Ankita Sinha (Supreme Court of India) (National Green Tribunal Act 2010)
    2021 (12) SCALE 184
  • 08-10-2021 Smriti Madan Kansagra v. Perry Kansagra (Supreme Court of India) (Guardianship and Wards Act 1890)
    Fraud – Custody of Child – Since the false and fraudulent representations made were the foundation, on the basis of which the Court was persuaded to handover custody of child, it shall be the duty of the Court to nullify, in every way, the effect and impact of the orders which were obtained by playing… Read More »2021
  • 08-10-2021 Srinivas K Gouda v. Karnataka Institute of Medical Sciences (Supreme Court of India) (Employment Law)
    Employment Law – the selection list was not challenged by the respondent. His only ground for challenge was that he had to be selected since he was ‘more meritorious’ as he had better qualifying marks. Therefore, determining the legality of the selection list and perusing the entire selection list to determine whether the selection of… Read More »2021
  • 08-10-2021 Nasib Singh v. State of Punjab (Supreme Court of India) (Criminal Trial)
    Criminal Trial – Retrial, Joint Trial and Separate Trials – Power to Direct Joint Trial – Important Principles explained.  
  • 08-10-2021 Gimpex Pvt. Ltd. v. Manoj Goel (Supreme Court of India) (Negotiable Instruments Act 1881)
    Negotiable Instruments Act 1881 – Section 139 raises the presumption “unless the contrary is proved”. Once the complainant discharges the burden of proving that the instrument was executed by the accused; the presumption under Section 139 shifts the burden on the accused. The expression “unless the contrary is proved” would demonstrate that it is only… Read More »2021
  • 08-10-2021 Central Bureau of Investigation v. Thommandru Hannah Vijayalakshmi (Supreme Court of India) (Prevention of Corruption Act 1988)
    Prevention of Corruption Act, 1988 – Whether a Preliminary Inquiry is mandatory before registering an FIR Held, In case the information received by the CBI, through a complaint or a “source information” under Chapter 8, discloses the commission of a cognizable offence, it can directly register a Regular Case instead of conducting a Preliminary Enquiry, where… Read More »2021
  • 08-10-2021 Prashant Singh Rajput v. State of Madhya Pradesh (Supreme Court of India) (Anticipatory Bail)
    AIR 2021 SC 5004 : JT 2021 (10) SC 150 : 2021 (12) SCALE 214
  • 08-10-2021 Manoj Mishra @ Chhotkau v. State of Uttar Pradesh (Supreme Court of India) (Penal Code 1860)
    JT 2021 (10) SC 388
  • 08-10-2021 Gujarat State Disaster Management Authority v. Aska Equipments Ltd. (Supreme Court of India) (Micro Small and Medium Enterprises Development Act 2006)
    Micro, Small and Medium Enterprises Development Act, 2006 – Section 19 – Application for setting aside decree, award or order – Whether in an appeal/application filed under Section 34 of the Arbitration & Conciliation Act, 1996 read with Section 19 of the MSME Act, 2006, the appellate court would have any discretion to deviate from… Read More »2021
  • 08-10-2021 Milkhi Ram v. Himachal Pradesh State Electricity Board (Supreme Court of India) (Industrial Disputes Act 1947)
    Industrial Disputes Act, 1947 – Section 25B and 25F – Plea on absence of jurisdiction – Whether the suit before the civil court at the instance of the terminated employee, was maintainable ? held, the civil court lacks jurisdiction to entertain a suit structured on the provisions of the ID Act. The decree favouring the… Read More »2021
  • 08-10-2021 Ashutosh Ashok Parasrampuriya v. Gharrkul Industries Pvt. Ltd. (Supreme Court of India) (Negotiable Instruments Act 1881)
    AIR 2021 SC 4898
  • 08-10-2021 Dr. Yashwantrao Bhaskarrao Deshmukh v. Raghunath Kisan Saindane (Supreme Court of India) (Specific Relief Act 1963)
    Limitation – Second Appeal – Application seeking condonation of delay – The High Court, while dismissing the application seeking condonation of delay in filing second appeal observed that sufficient cause for delay has not been established. The litigant, who is contesting the matter, cannot be negligent and it would be unfair to deprive the respondent,… Read More »2021
  • 08-10-2021 Maharashtra State Electricity Distribution Company Ltd. V. Maharashtra Electricity Regulatory Commission (Supreme Court of India) (Electricity Act 2003)
    Electricity Act 2003 – Late Payment Surcharge (LPS) – Maharashtra Electricity Regulatory Commission (MERC) acted within the scope of its power of regulatory supervision in directing the Appellant to make payment of LPS within the time stipulated in the order of MERC. The Appellate Tribunal for Electricity (APTEL) rightly upheld the direction. In any case,… Read More »2021
  • 07-10-2021 Commissioner of Income Tax, Chennai v. Mohammed Meeran Shahul Hameed (Supreme Court of India) (Income Tax Act 1961)
    2021 (12) SCALE 31
  • 07-10-2021 State of Rajasthan v. Surji Devi (Supreme Court of India) (Service Law)
    Writ Petition – Delay and Laches – Merits of the case are not required to be considered.  
  • 07-10-2021 Union of India v. Ilmo Devi (Supreme Court of India) (Service Law)
    Service Law – Part-time employees are not entitled to seek regularization as they are not working against any sanctioned post and there cannot be any permanent continuance of part-time temporary employees as held. Part-time temporary employees in a Government run institution cannot claim parity in salary with regular employees of the Government on the principle… Read More »2021
  • 07-10-2021 Estate Officer v. Colonel H.V. Mankotia (Retired) (Supreme Court of India) (Lok Adalat)
    Legal Services Authorities Act, 1987 – Whether in the Lok Adalat held by the High Court, was it open for the members of the Lok Adalat to enter into the merits of the writ petition and to dismiss the same on merits, in absence of any settlement arrived at between the parties? Held, the jurisdiction… Read More »2021
  • 07-10-2021 V. Prabhakara v. Basavaraj K (Supreme Court of India) (Succession Act 1925)
    Evidence Act, 1872 – Section 3 – “a fact” – Conduct of a party would be construed as a fact under Section 8. Such a conduct may either be a previous or subsequent one. It is the product of a motive or a preparation. When evidence is given on the conduct of a party and… Read More »2021
  • 07-10-2021 Union of India v. N. Murugesan (Supreme Court of India) (Service Law)
    Delay, Laches And Acquiescence – When acquiescence is followed by delay, it may become laches. The concept of acquiescence is to be seen on a case-to-case basis.  
  • 07-10-2021 Union of India v. Omkar Nath Dhar (Supreme Court of India) (Constitution of India)
    Government Accommodation – The Government accommodation is meant for serving officers and cannot be taken as a recourse to stay in Government accommodation for the life time of the Government servants or his/her spouse.  
  • 07-10-2021 Nitaben Dinesh Patel v. Dinesh Dahyabhai Patel (Supreme Court of India) (Hindu Marriage Act 1955)
    2021 (12) SCALE 350
  • 07-10-2021 Ambika Murali V. Valliammal (Supreme Court of India) (Delay, Rent Law)
    Rent Control & Eviction – The Eviction Petition was filed primarily on three grounds; (i) willful default, (ii) unauthorized subletting and (iii) creating additional accommodation. Rent Controller passed an ex-parte order directing the tenants to deposit the arrears of rent. Applications filed for setting aside ex-parte decree stating that they came across about the ex-parte… Read More »2021
  • 07-10-2021 State of U.P. v. Shyam Lal Jaiswal (Supreme Court of India) (Service Law)
    Service Law – Assistant Public Prosecutors – Transport (Subordinate) Prosecution Service Rules, 1979 (Uttar Pradesh) – State Public Services Tribunal – Respondent was working as a Cashier in the Transport Department – While in service, for some alleged misconduct, departmental inquiry was initiated against him and was later dismissed from service – the respondent during… Read More »2021
  • 07-10-2021 Goutam Joardar v. State of West Bengal (Supreme Court of India) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure, 1973 – Sections 161 and 164 – Delay in recording statements of eyewitnesses – It is true that there was some delay in recording the statements of the concerned eye-witnesses but mere factum of delay by itself cannot result in rejection of their testimonies. The material on record definitely establishes the… Read More »2021
  • 06-10-2021 Bharath Booshan Aggarwal v. State of Kerala (Supreme Court of India) (Forest Law)
    Forest Act, 1961 (Kerala) – Sections 2 (f), 27 (1) (d), 61A, 69 – Forest Produce Transit Rules, 1975 (Kerala) – Rule 3 (iii) read with Rule 23 – “forest” – “forest-produce” – sandalwood – Confiscation by Forest Officers in certain cases – Presumption of culpable mental state – the State had to show, that… Read More »2021
  • 06-10-2021 Union of India v. Methu Meda (Supreme Court of India) (Acquittal, Employment, Penal Code 1860)
    Employment – Criminal Background – Post of Constable in Central Industrial Security Force (CISF) – If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment, that too in disciplined force.… Read More »2021
  • 06-10-2021 SGS India Ltd. v. Dolphin International Ltd. (Supreme Court of India) (Consumer Law)
    Consumer Law – The onus of proof that there was deficiency in service is on the complainant. If the complainant is able to discharge its initial onus, the burden would then shift to the respondent in the complaint. The rule of evidence before the civil proceedings is that the onus would lie on the person… Read More »2021
  • 05-10-2021 State of Uttar Pradesh v. Premlata (Supreme Court of India) (Service Law)
    Service Law – Principle governing the grant of appointment on compassionate ground – The compassionate ground is a concession and not a right – the dependent/applicant cannot seek the appointment on compassionate ground on the higher post than what was held by the deceased employee as a matter of right, on the ground that he/she… Read More »2021
  • 05-10-2021 Shrachi Burdwan Developers Pvt. Ltd. v. State of West Bengal (Supreme Court of India) (Land Acquisition Act 1894)
     
  • 05-10-2021 Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. (Supreme Court of India) (Electricity)
    Consumer Law – Electricity – Disconnection of supply in default of payment – The raising of an additional demand in the form of “short assessment notice”, on the ground that in the bills raised during a particular period of time, the multiply factor was wrongly mentioned, cannot tantamount to deficiency in service. If a licensee… Read More »2021
  • 05-10-2021 Dipali Biswas v. Nirmalendu Mukherjee (Supreme Court of India) (Code of Civil Procedure 1908)
    2021 (12) SCALE 10
  • 05-10-2021 Prabhagiya Van Adhikari Awadh Van Prabhag v. Arun Kumar Bhardwaj (Supreme Court of India) (Forest Act 1927, Land Law)
    Forest Act, 1927 – Sections 3, 4, 5, 6, 20 – Zamindari Abolition and Land Reforms Act, 1950 (U.P.) – Sections 4 & 117 – Consolidation of Holdings Act, 1953 (U.P.) – Power to reserve forests – Notification by State Government – Bar of accrual of forest rights – Proclamation by Forest Settlement-officer – Notification… Read More »2021
  • 05-10-2021 Shaikh Ansar Ahmad Md. Husain v. State pf Maharashtra (Supreme Court of India) (Pradhan Mantri Awas Yojna (PMAY))
    AIR 2021 SC 4726
  • 05-10-2021 Geo Varghese v. State of Rajasthan (Supreme Court of India) (Penal Code 1860, Suicide)
    Penal Code, 1860 – Section 306 – Student of Class 9 committed suicide – The mother of the deceased-student lodged the FIR alleging that her son committed suicide due to mental harassment meted out by the Physical Training Teacher – Held, The disciplinary measures adopted by a teacher or other authorities of a school, reprimanding… Read More »2021
  • 04-10-2021 Ramesh Chand Goyal v. Balbir Singh Chakkal (Supreme Court of India) (Bar Council of India)
     
  • 04-10-2021 Aarati Kumari v. Sanjeev Kumar Singh (Supreme Court of India) (Family Law)
    Family Law – Transfer Petition filed by wife seeking transfer of divorce petition filed by the husband in Varanasi to Muzaffarpur – Transfer petition is allowed.  
  • 04-10-2021 Bagdi Bai @ Bindu v. Laxman (Supreme Court of India) (Family Law)
    Family Law – Transfer petition has been filed by the wife seeking transfer of divorce petition filed by the husband in New Delhi to a Court of competent jurisdiction at Rajasthan – Transfer Petition allowed.  
  • 04-10-2021 Ruchika Swain v. Sandeep Kumar Mallick (Supreme Court of India) (Family Law)
    Family Law – Transfer Petition filed by the wife seeking transfer of divorce petition filed by the husband in Andhra Pradesh to Odisha – Held, the interest of justice would be best subserved if the proceedings are allowed to continue in the Court at Vizianagaram, Andhra Pradesh, subject to the condition that the respondent-husband would… Read More »2021
  • 04-10-2021 Pooja Hemani @ Namrata Hemdev v. Manish Hemdev (Supreme Court of India) (Transfer Petition)
    Family Law – Transfer Petition – Wife seeking transfer of divorce petition filed by the husband in Chennai Varanasi – case for transfer is not warranted but in the larger interest of justice, orders for the conduct of the proceedings are warranted – Upon agreement of the parties, the Family Court at Chennai, shall in… Read More »2021
  • 04-10-2021 Mohd. Raza v. Geeta @ Geeta Devi (Supreme Court of India) (Code of Civil Procedure 1908)
    Code of Civil Procedure 1908 – Order XII Rule 6 – Decree of eviction on admission – Institution of suit for specific performance against the plaintiff with respect to the suit property means there is a clear cut admission that the plaintiff is the owner.  
  • 04-10-2021 K. Karuppuraj v. M. Ganesan (Supreme Court of India) (Code of Civil Procedure 1908)
     
  • 04-10-2021 Paulmech Infrastructure v. State of Odisha (Supreme Court of India) (Tender, Writ Petition)
    Letter of Intent (LOI) –  On taking note of the contention, a close perusal of the phrase employed in the LOI would indicate the onetime payment made upfront is shown as “nonrefundable” and such payment is towards execution of the Operating Lease Agreement. If that be the position, the terms of LOI is clear that… Read More »2021
  • 04-10-2021 Garg Builders v. Bharat Heavy Electricals Ltd. (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – Section 31(7)(a) – Payment of Interest – Law relating to award of pendente lite interest by Arbitrator – The provisions of the 1996 Act give paramount importance to the contract entered into between the parties and categorically restricts the power of an arbitrator to award pre-­reference and pendente lite… Read More »2021
  • 04-10-2021 Vipan Kumar Dhir v. State of Punjab (Supreme Court of India) (Penal Code 1860)
    Anticipatory Bail – Absconder – While granting bail, especially anticipatory bail which is per se extraordinary in nature, the possibility of the accused to influence prosecution witnesses, threatening the family members of the deceased, fleeing from justice or creating other impediments in the fair investigation, ought not to be overlooked. Even if there was any… Read More »2021
  • 01-10-2021 Priyanka Arya v. Ashutosh Arya (Supreme Court of India) (Code of Civil Procedure 1908, Family Law)
    Code of Civil Procedure, 1908 – Section 25 – Transfer of Case pending before Family Court Delhi to Uttarakhand – Husband is posted at Delhi while the wife is doing her Ph.D. at Himachal Pradesh – Transfer Petition is allowed.  
  • 01-10-2021 Keraleeya Samajam v. Pratibha Dattatray Kulkarni (Supreme Court of India) (Service Law)
    Service Law – Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations.  
  • 01-10-2021 Chandra @ Chanda @ Chandraram v. Mukesh Kumar Yadav (Supreme Court of India) (Motor Vehicles Act 1988)
    Motor Vehicles Act, 1988 – Section 166 – Income of the Deceased – In absence of salary certificate the minimum wage notification can be a yardstick but at the same time cannot be an absolute one to fix the income of the deceased. In absence of documentary evidence on record some amount of guesswork is… Read More »2021
  • 01-10-2021 National Insurance Company Ltd. v. Chamundeswari (Supreme Court of India) (Motor Vehicles Act 1988)
    Motor Vehicles Act, 1988 – If any evidence before the Tribunal runs contrary to the contents in the First Information Report, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the First Information Report.  
  • 01-10-2021 Ashok Kumar v. Raj Gupta (Supreme Court of India) (DNA Test)
    DNA Test – (Deoxyribonucleic Acid Test) – Whether in a declaratory suit where ownership over coparcenary property is claimed, the plaintiff, against his wishes, can be subjected to the DNA test ? – Whether the plaintiff without subjecting himself to a DNA test, is entitled to establish his right over the property in question, through… Read More »2021
  • 01-10-2021 Korukonda Chalapathi Rao v. Korukonda Annapurna Sampath Kumar (Supreme Court of India) (Registration Act 1908)
    Registration Act, 1908 – Sections 17(1)(b) and 49 – Family Settlement – Unregistered Family Settlement “Khararunama” – Non testamentary instruments – Effect of non-registration of documents required to be registered – A document in the nature of a Memorandum, evidencing a family arrangement already entered into and had been prepared as a record of what had… Read More »2021
  • 01-10-2021 V. Senthur v. M. Vijayakumar, IAS (Supreme Court of India) (Service Law)
     
  • 01-10-2021 Thota Sridhar Reddy v. Mandala Ramulamma (Supreme Court of India) (Land Law)
    Land Laws – Tenancy & Inams Act – Protected Tenant – Abolition of Inams Act, 1955 (Andhra Pradesh, Telangana Area) – Section 28 – Tenancy and Agricultural Lands Act, 1950 (Andhra Pradesh, Telangana Area) – Section 38E – Ownership certificate granted under the Tenancy Act would prevail over the grant of occupancy rights certificate under… Read More »2021
  • 30-09-2021 Anapurna Jaiswal v. Indian Oil Corp. Ltd. (Supreme Court of India) (Registration Act 1908)
    2021 (12) SCALE 1
  • 30-09-2021 Rajendra Narottamdas Sheth v. Chandra Prakash Jain (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
     
  • 30-09-2021 United India Insurance v. Sushil Kumar Godara (Supreme Court of India) (Consumer Law, Motor Vehicles Act 1988, Theft, Vehicle Insurance)
     
  • 30-09-2021 Placido Francisco Pinto V. Jose Francisco Pinto (Supreme Court of India) (Evidence Act 1872)
     
  • 30-09-2021 Union of India v. Abhiram Verma (Supreme Court of India) (Voluntary Retirement)
     
  • 29-09-2021 Munusamy v. Land Acquisition Officer (Supreme Court of India) (Land Acquisition Act 1894)
    AIR 2021 SC 4715
  • 29-09-2021 Union of India v. Trilok S. Bhandar (Supreme Court of India) (Indian Forest Service)
     
  • 29-09-2021 Standard Chartered Bank v. R.C. Srivastava (Supreme Court of India) (Industrial Disputes Act 1947)
    AIR 2021 SC 4879 : JT 2021 (9) SC 471
  • 29-09-2021 State of Madhya Pradesh v. Somdutt Sharma (Supreme Court of India) (Factories Act 1948, Industrial Disputes Act 1947, Labour Law)
     
  • 29-09-2021 Suraz India Trust v. Union of India (Supreme Court of India) (Contempt of Courts Act 1971)
    AIR 2021 SC 4706
  • 29-09-2021 Vishwabandhu v. Sri Krishna (Supreme Court of India) (Code of Civil Procedure 1908)
     
  • 29-09-2021 Avtar Singh v. Bimla Devi (Supreme Court of India) (Code of Civil Procedure 1908)
     
  • 29-09-2021 Ramgopal v. State of Madhya Pradesh (Supreme Court of India) (Code of Criminal Procedure 1973)
     
  • 28-09-2021 State of Bihar v. Arbind Jee (Supreme Court of India) (Service Law)
     
  • 28-09-2021 Adani Gas v. Union of India (Supreme Court of India) (Petroleum and Natural Gas Regulatory Board Act 2006)
     
  • 28-09-2021 Padmini Infrastructure v. Royal Garden Resdients (Supreme Court of India) (Consumer Law)
     
  • 28-09-2021 Khatema Fibres v. New India Assurance (Supreme Court of India) (Consumer Law)
     
  • 27-09-2021 New Victoria Mills v. Shrikant Arya (Supreme Court of India) (Service Law)
     
  • 27-09-2021 State of Uttar Pradesh v. Principal Abhay Nandan Inter College (Supreme Court of India) (Education)
     
  • 27-09-2021 Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. (Supreme Court of India) (Penal Code 1860)
    2021 Cri.LJ 4886 : JT 2021 (9) SC 504 : 2021 (11) SCALE 413
  • 27-09-2021 State of Odisha v. Arati Mohapatra (Supreme Court of India) (Service Law)
     
  • 27-09-2021 Mahadev Meena v. Praveen Rathore (Supreme Court of India) (Bail)
     
  • 27-09-2021 New Delhi Municipal Council v. Ganga Devi (Supreme Court of India) (Municipality)
     
  • 24-09-2021 Magadh Sugar & Energy Ltd. v. State of Bihar (Supreme Court of India) (Electricity)
     
  • 24-09-2021 National Gandhi Museum v. Sudhir Sharma (Supreme Court of India) (Societies Registration Act 1860)
     
  • 23-09-2021 Jamia Masjid v. K.V. Rudrappa (Supreme Court of India) (Res Judicata)
     
  • 23-09-2021 National Highways Authority of India v. Madhukar Kumar (Supreme Court of India) (Administrative Law)
     
  • 23-09-2021 Bihari v. State of U.P. (Supreme Court of India) (Delay)
     
  • 23-09-2021 Ajai Pal Singh v. State of Uttar Pradesh (Supreme Court of India) (Code of Civil Procedure 1908)
     
  • 23-09-2021 Triyambak S. Hegde v. Sripad (Supreme Court of India)
     
  • 23-09-2021 S. Karthik v. N. Subhash Chand Jain (Supreme Court of India) (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002)
     
  • 22-09-2021 Union of India v. Md. Nawaz Khan (Supreme Court of India) (Narcotic Drugs and Psychotropic Substances Act 1985)
     
  • 22-09-2021 DLF Home Developers Ltd. v. Rajapura Homes Pvt. Ltd. (Supreme Court of India) (Arbitration and Conciliation Act 1996)
     
  • 22-09-2021 Sri Marthanda Varma v. State of Kerala (Supreme Court of India) (Temple)
     
  • 21-09-2021 Karnataka Rural Infrastructure Development Ltd. v. T.P. Nataraja (Supreme Court of India) (Date of Birth, Service Law)
     
  • 21-09-2021 Punjab State Power Corporation Ltd. V. Emta Coal Ltd. (Supreme Court of India) (Coal Mines (Special Provisions) Act 2015)
     
  • 21-09-2021 New Okhla Industrial Development Authority v. 24 Oranges Lab LLP (Supreme Court of India) (Lease)
     
  • 21-09-2021 Rajendra Bajoria V. Hemant Kumar Jalan (Supreme Court of India) (Partnership Act 1932)
     
  • 17-09-2021 Director of Income Tax v. Mitsubishi Corporation (Supreme Court of India) (Income Tax Act 1961)
    AIR 2021 SC 5016 : 2021 (10) SCALE 827
  • 13-09-2021 Director of Treasuries v. Somyashree (Supreme Court of India)
     
  • 09-09-2021 Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. v. Ajay Sales & Suppliers (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    AIR 2021 SC 4869 : 2021 (10) SCALE 759
  • 06-09-2021 Union of India v. Puna Hinda (Supreme Court of India) (Contract Law)
    AIR 2021 SC 4187
  • 04-09-2021 S.T. Gyaltsen v. Kalu Tamang (Sikkim High Court) (Code of Civil Procedure 1908, Specific Relief Act 1963)
    Code of Civil Procedure, 1908 ~ Sections 9, 100 and 151 ~ Specific Relief Act, 1963 ~ Sections 10 and 39 ~ Appeal ~ Suit for declaration, specific performance of contract, mandatory injunction, and other consequential reliefs ~ Court cannot make out a case which was not even pleaded.
  • 03-09-2021 Somesh Thapliyal v. Vice Chancellor (Supreme Court of India) (Service Law)
    AIR 2021 SC 4158 : 2021 (10) SCALE 213
  • 02-09-2021 J. Chitra v. District Collector (Supreme Court of India) (Community Certificate)
    AIR 2021 SC 4148 : JT 2021 (9) SC 47 : 2021 (10) SCALE 192
  • 01-09-2021 Debabrata Saha v. Serampore Municipality (Supreme Court of India)
    Municipal Act, 1996 (West Bengal) - Section 218 - Demolition of the illegal construction - The dispute pertains to the right of Respondent No.3 in making a construction on the roof of the first floor in which he resides. Any dispute relating to that right has to be decided by the civil court as held correctly by the High Court.
  • 01-09-2021 Nandu Galtha Pardi v. State of Madhya Pradesh (Madhya Pradesh) (Lurking House Trespass, Penal Code 1860)
    Penal Code, 1860 - S. 460 - Code of Criminal Procedure, 1974 - S. 374 - Appeal against conviction - Lurking house-trespass by night - Whether, accused while committing lurking house-trespass or lurking house-break by night by breaking grill of window of the house voluntarily caused death of Chowkidar - Postmortem report stated that the deceased died due to coma, which was the result of head injury - During investigation seized articles were identified and identification parade was conducted - Stolen properties were seized from place as per information given by accused in his memorandum - As the case is of theft and theft was done by lurking house-trespass by night and there is no eye-witness to the case, therefore, only on the basis of circumstantial evidence case is to be considered - Finger prints of accused were taken but no examination of finger prints was conducted and motorcycle which was alleged to be seized from possession of accused was neither having key nor any ownership documents were seized - No any other articles similar to the stolen properties were mixed with the seized articles at the time of identification, therefore, the identification became doubtful - the prosecution has failed to prove its case beyond doubt. 2021 Cri.LJ 4867
  • 01-09-2021 Sangeeta Sunil Shinde v. State of Maharashtra (Supreme Court of India)
    Election Law - An elected representative can only stay in power so long as such person enjoys the support of the majority of the elected members - As soon as such a person loses the confidence of the majority, he becomes unwanted. In a democratic set up, the will of the majority has to prevail.
  • 31-08-2021 Salimbhai Hamidbhai Memon v. Niteshkumar Maganbhai Patel (Supreme Court of India) (Code of Criminal Procedure 1973)
    AIR 2021 SC 4109 : 2021 (10) SCALE 20
  • 24-08-2021 Abdul Kadir v. State of Assam (Gauhati) (Evidence Act 1872)
    Evidence Act, 1872 – Section 145 – Cross-examination as to previous statements in writing – Correct manner of proving contradictions as to any previous statement made by a witness.  
  • 18-08-2021 Vishwadini Pandey v. State of Chhattisgarh (Chhattisgarh) (Code of Criminal Procedure 1973, Penal Code 1860)
    Penal Code, 1860 - Ss. 153A, 295A, 505(2) 188 - Quashing of FIR - Accused in her Facebook ID, posted objectionable material because of which, religious sentiments of complainant have been hurt - it was not the original written post by the accused - From perusal for the FIR, it is crystal clear that the said post is already in public domain and lot of news channels were also broadcasting the same - FIR is liable to be quashed. 2021 Cri. L.J. 3894
  • 17-08-2021 Narayan Deorao Javle v. Krishna (Supreme Court of India) (Transfer of Property Act 1882)
    Transfer of Property Act, 1882 - Ss. 59A & 60 - Mortgagor - Suit for redemption of mortgage land - the decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed.
  • 12-08-2021 Sanoj Mandal @ Sanoj Kumar Mandal v. State of Bihar (Patna) (Penal Code 1860)
    Penal Code, 1860 - S. 376 - Rape - The lapses on the part of the Investigating Officer in non-seizure of the garments of the accused or the prosecutrix or contradiction in testimony of the neighbours as to who reached first at the place of occurrence would not tell upon trustworthiness of the prosecutrix. 2021 Cri.L.J. 3933
  • 12-08-2021 P.K. Maipak Rongmei v. Jonathan Pamei (Manipur) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure, 1974 - Transfer the investigation of the criminal case under Section 147, 149, 447, 153(A), 322 r/w. 34 IPC to a well qualified senior investigating officer - the writ petition has been disposed of by the learned Single Judge without giving an opportunity to the private respondents - the learned Single Judge only directed the Director General of Police to consider the memorandum or to direct the Superintendent of Police to inquire and deal with the same, such a direction would not cause any prejudice to the appellants - No infirmity in the order of the learned Single Judge and the writ appeal therefore fails. 2021 Cri.LJ 4892
  • 11-08-2021 Abdul Kader v. State of Tripura (Tripura) (Forest Act 1927)
    Forest Act, 1927 - S. 42 - Tripura Forest Transit Rules, 1952 - R. 13 - Penalty for breach of rules - Vehicle was found carrying 4 sawn teak timbers inside it - Accused was driver of vehicle who was accompanied by co-accused - None of them could produce any permit or valid transit pass for movement of those sawn timbers - the timbers recovered from their possession were seized by the Forest officials - Vehicle in which they were unauthorizedly carrying said forest produce at about 4 o'clock in morning had no number plate - They could not produce any valid transit pass authorising them to convey such forest produce - Any movement of timber and firewood or any other forest produce without valid transit pass constitute violation of Rules - there is no ground to interfere with the concurrent findings of the courts below with regard to the conviction of the petitioners. 2021 CriLJ 4880
  • 10-08-2021 Parubai v. State of Maharashtra (Supreme Court of India)
    Penal Code, 1860 - Ss. 302 & 436 - Links in the chain of circumstances is necessary to be established for conviction on the basis of circumstantial evidence. AIR 2021 SC 3784 : JT 2021 (8) SC 67 : 2021 (9) SCALE 320
  • 10-08-2021 Pratap Technocrats (P) Ltd. v. Monitoring Committee of Reliance Infratel Ltd. (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
    AIR 2021 SC 4118 : 2021 (9) SCALE 276
  • 10-08-2021 Davesh Nagalya v. Pradeep Kumar (Supreme Court of India) (Partnership Act 1932, Rent Control & Eviction)
    Partnership Act, 1932 - Section 42 (c) - Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P.) - Section 12 (2) - Death of a Partner - Deemed vacancy of building in certain cases - With the death of both partners and not having any clause permitting continuation of the partnership by the legal heirs, the non-residential tenanted premises is deemed to be vacant in law as the tenant is deemed to have ceased to occupy the building. AIR 2021 SC 3717 : JT 2021 (8) SC 61 : 2021 (9) SCALE 314
  • 09-08-2021 Suman Chadha v. Central Bank of India (Supreme Court of India) (Contempt of Courts Act 1971)
    Contempt of Courts Act, 1971 – Whether a party is guilty of contempt is to be seen in the specific context of the disobedience and the wilful nature of the same and not on the basis of the conduct subsequent thereto. AIR 2021 SC 3709 : JT 2021 (8) SC 77 : 2021 (9) SCALE 260
  • 06-08-2021 Amazon.com NV Investment Holdings LLC v. Future Retail Limited (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 ~ “Whether an “award” delivered by an Emergency Arbitrator under the Arbitration Rules of the Singapore International Arbitration Centre can be said to be an order under Section 17 (1) of the Arbitration Act” ~ Whether an order passed under Section 17(2) of the Arbitration Act in enforcement of the award of an Emergency Arbitrator by a learned Single Judge of the High Court is appealable. AIR 2021 SC 3723 : 2021 (9) SCALE 189
  • 04-08-2021 Cheminova v. State of Punjab (Supreme Court of India) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure, 1973 - Ss. 468 & 469 - the complaint filed is barred by limitation and allowing the proceedings to go on, on such complaint, which is ex facie barred by limitation is nothing but amounts to abuse of process of law. AIR 2021 SC 3701 : 2021 (9) SCALE 83 : 2021 (9) SCALE 88
  • 03-08-2021 N.S. Nandiesha Reddy v Kavitha Mahesh (Supreme Court of India) (Representation of the People Act 1951)
    2021 (9) SCALE 60 : AIR 2021 SC 4885
  • 03-08-2021 Hdfc Ergo v. Mukesh Kumar (Supreme Court of India) (Motor Vehicles Act 1988)
    AIR 2021 SC 4010
  • 02-08-2021 Rajinder Goel v. High Court of Punjab and Haryana (Supreme Court of India)
    Service Law - Judicial Service - Administrative Committee - Compulsory Retirement from the Post of Additional District and Sessions Judge - there were multiple transactions showing deposits and withdrawals of substantial amounts of money, it cannot be said that the Full Court was not justified in taking the view that it did - do not find any reason to take a different view in the matter. AIR 2021 SC 3778 : JT 2021 (7) SC 215 : 2021 (9) SCALE 6
  • 28-07-2021 Pramila v. State of Uttar Pradesh (Supreme Court of India) (Penal Code 1860)
    Code of Criminal Procedure, 1973 - Section 313 - Penal Code, 1860 - Sections 302 r/w. 34 - Evidence Act, 1872 - Section 3 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Murder - Benefit of doubt. AIR 2021 SC 3781
  • 26-07-2021 Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. v. State of Maharashtra (Supreme Court of India) (Code of Criminal Procedure 1973)
    AIR 2021 SC 3580 : 2021 All.M.R. (Cri.) 3062 : 2021 (5) BLJ 114 : 2021 CriLJ 3747 : JT 2021 (7) SC 238 : 2021 (3) MLJ (Cri) 438 : 2021 (3) RCR (Criminal) 691 : 2021 (8) SCALE 534 : (2021) 8 SCC 753
  • 16-07-2021 Deepak Yadav v. Union Public Service Commission (Supreme Court of India)
    Examination ~ UPSC cancelled the candidature of the petitioners for failure to produce the qualifying certificates ~ There is nothing wrong in UPSC strictly adhering to this stipulation, being in the nature of an eligibility criterion ~ At the same time, it cannot, however, be denied that 2020 was an abnormal and cataclysmal year due to the ongoing pandemic, lockdowns and restrictions ~ the petitioners had attained the qualifying eligibility criteria before the main examination was conducted by UPSC ~ It would be inequitable to deny them an opportunity of participating in the selection process because the pandemic has caused delay in declaration of their results by the concerned University. AIR 2021 SC 3775
  • 13-04-2021 Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (Supreme Court of India) (Code of Criminal Procedure 1973)
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  • 29-01-2021 Manjit v. Union of India (Supreme Court of India) (Service Law)
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  • 28-01-2021 G.R. Ananda Babu v. State of Tamil Nadu (Supreme Court of India) (Anticipatory Bail)
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  • 05-01-2021 Murali v. State rep. by the Inspector of Police (Supreme Court of India) (Penal Code 1860)
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  • 05-01-2021 Kamlesh Chaudhary v. State of Rajasthan (Supreme Court of India) (Bail)
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