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(1) AJAY KUMAR SHUKLA AND OTHERS Vs. ARVIND RAI AND OTHERS [SUPREME COURT OF INDIA] 08-12-2021
A. Uttar Pradesh Government Servants Seniority Rules, 1991 - Rule 5 and 8 - Challenge to seniority - It is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity - Non-joining of all the parties cannot be held to be fatal

(2) SHRI K. JAYARAM AND OTHERS Vs. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 08-12-2021
Land Acquisition Act, 1894 - Section 18 - Acquisition of Land - Compensation - Suppression of material facts - 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 have to mandatorily state so in their pleadings in order to resolve the dispute betwe

(3) RASMITA BISWAL AND OTHERS Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 08-12-2021
Motor Vehicles Act, 1988 - Section 173 - Death in accident - High Court reduced the compensation payable to the appellants/claimants from Rs.22,60,000 to Rs.17,00,000 - Appeal against - Deceased was 33 years at the time of death - In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years - 40% of the income of the deceased, therefore, has to be added towards loss of future prosp

(4) UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION Vs. GAJADHAR NATH [SUPREME COURT OF INDIA] 08-12-2021
Industrial Disputes Act, 1947 - Section 11A - Misconduct - Conductor not issue tickets to 17 passengers in the bus - Tribunal and High Court directed that respondent be reinstated in service and ordered 50% of the salary to be paid for the period when he was not in employment - Appeal against same - Representative of employer has not been cross-examined on the question that he has not inspected the bus on 12.11.1998 - He has deposed that when he tried to record the statements of the passengers,

(5) KULJIT SINGH AND ANOTHER Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 08-12-2021
Penal Code, 1860 (IPC) - Section 304B - Dowry death - Cruelty and harassment - Cause of death was due to consumption of insecticide - 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 done so, without specifying their roles - However, the said evidence would be sufficient to hold the appellant No.1 guilty but same would be insufficient to hold the appellant No.2 guilty - Conviction and s

(6) SHYAM SUNDER OBEROI AND OTHERS Vs. DISTRICT AND SESSION JUDGE TIS HAZARI COURT, DELHI AND OTHERS [SUPREME COURT OF INDIA] 08-12-2021
Service Law - Regularization of Ad-hoc employees - Employees who were appointed on ad-hoc 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 selection for holding regular selection and their right of seniority in no manner be relegated qua such of the ad-hoc employees who qualified typing test a

(7) K.S. RANGANATHA Vs. VITTAL SHETTY [SUPREME COURT OF INDIA] 08-12-2021
The appellant is before this Court assailing the judgment dated 18.08.2010 passed by the High Court of Karnataka in Criminal Appeal No. 485 of 2008. By the said judgment, the Learned Single Judge has allowed the appeal filed by the respondent herein and set aside the judgment of acquittal passed by the IIIrd Additional Civil Judge (Junior Division) and JMFC, Udupi in favour of the appellant herein in Criminal Case No. 3207 of 2004. Consequently, the appellant herein was convicted and sentenced t

(8) AMUDHAVALI AND OTHERS Vs. P. RUKUMANI AND OTHERS [SUPREME COURT OF INDIA] 07-12-2021
Civil suit - Declaration of ownership - Sale deed - Registration of document is always subject to adjudication of rights of the parties by the competent civil court - Had the appellants not entered their appearance by filing a written statement, it would have been a different situation - It is also to be noted that subsequent to registration of cancellation deed, a portion of the land is transferred to respondent no.8, to an extent of 0.25 cents

(9) PARVEEN @ SONU Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 07-12-2021
Penal Code, 1860 (IPC) - Sections 224, 225, 332, 353, 392, 307, 302 and 120-B - Arms Act, 1959 - Section 25, 54 and 59 - Conspiracy - Conviction and sentence - Appeal against - To prove the charge of conspiracy, within the ambit of Section 120-B, it is necessary to establish that there was an agreement between the parties for doing an unlawful act

(10) MOHD ZAHID Vs. STATE THROUGH NCB [SUPREME COURT OF INDIA] 07-12-2021
Criminal Procedure Code, 1973 (CrPC) - Section 427 and 427(1) - Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 29 read with Section 21(c) - Illegal trafficking of drugs - Sentence on offender already sentenced for another offence - Appeal against conviction and sentence

(11) MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PRIVATE LIMITED Vs. SANJEEV KUMAR SHARMA AND OTHERS [SUPREME COURT OF INDIA] 07-12-2021
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

(12) BANGALORE DEVELOPMENT AUTHORITY Vs. N. NANJAPPA AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2021
Civil Procedure Code, 1908 (CPC) - Order 21 Rules 97, 99 and 101 - Impleadment in execution proceedings - 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 an application under Order XXI rule 97 or rule 99 CPC and relevant to the adjudication of the application shall have to be determined by the Court dealing with the application

(13) AKSHAY N PATEL Vs. RESERVE BANK OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2021
Constitution of India, 1950 - Articles 14, 19(1)(g) and 21 - Foreign Exchange Management Act, 1999 - Section 10(4) and 11(1) - Clause 2(iii) of the Merchanting Trade Transactions Guidelines was a proportionate measure in ensuring the availability of sufficient domestic stock of PPE products - Measure was validly enacted, in pursuance of legitimate state interest and did not disproportionately impact the fundamental rights - Hence, Clause 2(iii) passes muster under Articles 14, 19(1)(g) and 21:

(14) MANMOHAN NANDA Vs. UNITED INDIA ASSURANCE CO. LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2021
Consumer Protection Act, 1986 - Sections 2(d) and 21(9) - Mediclaim - Repudiation of policy by insurance company - Appeal against - 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

(15) BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LIMITED Vs. NEEMA AGARWAL AND OTHERS [SUPREME COURT OF INDIA] 06-12-2021
These Civil appeals arise out of a decision of the National Consumer Dispute Redressal Commission (NCDRC) delivered on 19th November, 2020 dismissing an interim application of the appellants for filing written submission or reply to a consumer complaint. The complaint was made on 15th March, 2018 by the respondents alleging deficiency in service on the part of the appellants over cancellation of allotment of certain commercial units in a shopping mall. Notice was issued by the NCDRC to the appli

(16) SUNIL TODI AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 03-12-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Negotiable Instruments Act, 1881 (NI) - Section 138, 141 - Dishonour of cheque - Quashing of criminal proceedings - High Court did not quash the complaint against the appellants since it was prima facie established that they were triable for dishonour of cheque - Section 141 of the NI Act stipulates that if a company is alleged to have committed an offence under Section 138, then every person who 'was in charge of, and responsible to, the comp

(17) JAIDEV RAJNIKANT SHROFF Vs. POONAM JAIDEV SHROFF [SUPREME COURT OF INDIA] 03-12-2021
Matrimonial - Plea to live in posh home with estranged husband - Plea rejected - If This Court allow the prayer and allow the respondent­wife to move into the said house, it will rather than sub-serving the interest of the parties, would be detrimental to their interests. The record and the pendency of the criminal proceedings would show that the relations between the parties are so strained that if they are permitted to live in the said house, it would lead to nothing else but further criminal

(18) COMMISSIONER OF INCOME TAX (IT-4), MUMBAI Vs. M/S RELIANCE TELECOM LIMITED [SUPREME COURT OF INDIA] 03-12-2021
Income Tax Act, 1961 - Section 254(2) - Recalling of earlier order - Merely because the Revenue might have in detail gone into the merits of the case before the ITAT and merely because the parties might have filed detailed submissions, it does not confer jurisdiction upon the ITAT to pass the order de hors Section 254(2) of the Act - Powers under Section 254(2) of the Act are only to correct and/or rectify the mistake apparent from the record and not beyond that

(19) THE STATE OF MAHARASHTRA Vs. PANKAJ JAGSHI GANGAR [SUPREME COURT OF INDIA] 03-12-2021
Penal Code, 1860 (IPC) - Sections 384, 386, 387 read with Section 34 - Maharashtra Control of Organised Crime Act, 1999 - Sections 21(4) and 23(1)(a) - Extortion - Cancellation of Bail - High Court ought not to have released the accused on bail by way of interim relief - High Court has acquitted the accused for the offence under the MCOCA at the interim relief stage and has granted the final relief at the interim stage exonerating the respondent from MCOCA, which is wholly impermissible - It is

(20) UNION OF INDIA AND OTHERS Vs. MUDRIKA SINGH [SUPREME COURT OF INDIA] 03-12-2021
Constitution of India, 1950 - Article 21 - Right to life and right to dignity - It is important that courts uphold the spirit of the right against sexual harassment, which is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution - A rising trend of invalidation of proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable service rules. For instance, the Sexual Harassment of Women at Workplace (Pre

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