(1) MITESH KUMAR J. SHA Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 405, 419 and 420 - Quashing of proceedings - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction - Proceedings quashed - Appeal allowed.
(2) N. JAYASREE AND OTHERS Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 25-10-2021 Motor Vehicles Act, 1988 - Section 166 - Compensation - Claim petition filed by mother in law 'dependent' - Maintainability - MotherÂinÂlaw was living with the deceased and his family members - In order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency - Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realization of compen
(3) RAMAWATAR Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 25-10-2021 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 - Section 3(1)(x) - Constitution of India, 1950 - Article 142 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Using casteist slur against neighbour - Quashing of proceedings - Compromise - Article 142 powers can be used - Mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or
(4) STATE OF MADHYA PRADESH Vs. MAHENDRA ALIAS GOLU [SUPREME COURT OF INDIA] 25-10-2021 Penal Code, 1860 (IPC) - Section 376(2)(f) read with Section 511 - Attempting to rape two minor girls in 2005 - High Court modified conviction from 'attempt to commit rape' to an offence of 'outraging the modesty' of a woman, as defined under Section 354 of IPC and reduced the sentenced term from 5 years to 2 years. - Appeal against - Act of the respondent of luring the minor girls, taking them inside the room, closing the doors and taking the victims to a room with the motive of carnal knowledg
(5) JALKAL VIBHAG NAGAR NIGAM AND OTHERS Vs. PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 22-10-2021 Uttar Pradesh Water Supply and Sewerage Act, 1975 - Section 52 - Levy of taxes - Nomenclature that the legislature has ascribed to the tax does not determine either the nature of the levy or its true and essential character - Legislature may choose a label for a tax. The label however will not determine or for that matter clarify the nature of the levy. The nature of the levy has to be deduced from the nature of the tax, the provision which specifies the taxing event and, as in the case of Secti
(6) V NAGARAJAN Vs. SKS ISPAT AND POWER LTD AND OTHERS [SUPREME COURT OF INDIA] 22-10-2021 A. Insolvency and Bankruptcy Code, 2016 - Sections 61, 61(1) and (2) - Limitation Act, 1963 - Section 12(2) - Appeal under Section 61 IBC - Limitation Period - Litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause and Limitation period starts from date of pronouncement of order - It cannot be said that the parties can automatically dispense with their obligation to apply for and obtain a certified copy
(7) JAYAN Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 22-10-2021 Kerala Abkari Act, 1077 - Section 55(a) - Illegal import of 6090 litres of spirit in 174 plastic cans - Testimony of Witness - Test Identification Parade - It is well settled that T.I Parade is a part of investigation and it is not a substantive evidence - Question of holding T.I Parade arises when the accused is not known to the witness earlier - Identification by a witness of the accused in the Court who has for the first time seen the accused in the incident of offence is a weak piece of evid
(8) UNION OF INDIA AND ANOTHER Vs. MS. A. SHAINAMOL, IAS AND ANOTHER [SUPREME COURT OF INDIA] 22-10-2021 Administrative Service (Cadre) Rules, 1954 - Rules 5(1), 7(3) and 7(4) - Allocation of cadre - 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 of service - Applicant as a candidate for the All-India Service with eyes wide open has opted to serve anywhere in the country - Once an applicant gets selected to service, the scramble for the home cadre
(9) KAVITHA LANKESH Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021 Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Section 25 - Karnataka Control of Organised Crimes Act, 2000 - Sections 3 and 24(1)(a) - Murder - Organized crime - High Court quashed charge sheet against accused for KCOCA offences - Appeal against - High Court has completely glossed over the crucial fact that the writ petition was filed only after the sanction was accorded by the competent authority under Section 24(2) and more so cognizance was also taken by the competent Court of the o
(10) VAIBHAVI ENTERPRISE Vs. NOBEL CERA COAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021 Constitution of India, 1950 - Article 226 - Finalization of contract - When High Court permitted / allowed the writ applicant to modify its offer, in that case, the opportunity ought to have been given to the other applicants - Either they might have objected to permitting such modification of the offer in exercise of powers under Article 226 of the Constitution of India or they also could have modified their offer further and reduce number of days for lifting gas - It is not in dispute that nei
(11) PREM SHANKAR PRASAD Vs. THE STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 21-10-2021 Criminal Procedure Code, 1973 (CrPC) - Section 438 - Anticipatory bail - If anyone is declared as an absconder/proclaimed offender in terms of section 82 of Cr.PC, he is not entitled to relief of anticipatory bail.
(12) VALSAN P. Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021 Kerala Service Rules - Rules 29 and 29(b) - Kerala State and Subordinate Service Rules - Rule 39 - Pensionary benefits by condoning the period of break in service - A perusal of the Government Order indicates that the benefit sought for by the appellant is provided and the sandwiched non qualifying service as break in the two services is condonable and the prior public service shall be reckoned as qualifying service for pension - Appeal allowed.
(13) VAISHNO DEVI CONSTRUCTION REP. THR. SOLE PROPRIETOR (D) THR. LRS AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021 Civil Procedure Code, 1908 (CPC) - Order 21 Rule 16 - Without separate assignment of decree - Execution of - Law Commission recommended amending Order XXI Rule 16 to clarify that it does not affect the provisions of Section 146 and that a transferee of rights in the subject matter of the suit can obtain execution of a decree without separate assignment of the decree - Objective appears to be to not have multifarious proceedings to determine the issue of assignment, but to determine the issue of
(14) STATE OF GUJARAT AND ANOTHER Vs. NARAYAN @ NARAYAN SAI @ MOTA BHAGWAN ASARAM @ ASUMAL HARPALANI [SUPREME COURT OF INDIA] 20-10-2021 Prisons Act, 1894 - Section 59 - Prisons (Bombay Furlough and Parole) Rules, 1959 - Rules 4(4), 4(6) and 4(10) - Rape Case - Prisoner sentenced to life imprisonment - Furlough Leave - Appeal against - Illegal activities inside the jail, including keeping a mobile phone and making contacts outside the jail - Director General of Police, Jail and Reformative Administration has invoked Rules 4(4), 4(6) and 4(10) of the Rules to dismiss the furlough leave application - Rule 4(4) of the Rules provides
(15) NASER BIN ABU BAKR YAFAI Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 20-10-2021 A. National Investigation Agency Act, 2008 - Sections 6, 6(4) and 6(6) - Investigation of Scheduled Offences - Submission of appellants that once the Central government directed the NIA to take over the investigation under Section 6(4), the consequence under Section 6(6) was that State police could not continue with the investigation - Held, Sub-Section (4) of Section 6 contemplates a direction by the Central government to the NIA to investigate an offence, where it is of the opinion that the of
(16) UMA SHANKER SHARMA Vs. THE REGISTRAR GENERAL HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD [SUPREME COURT OF INDIA] 20-10-2021 Learned counsel for the appellant Ms. Manisha Ambwani submitted that the appellant died on 27th July, 2021 and therefore the appeal has abated.
(17) M/S DSM NUTRITIONAL PRODUCTS LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-10-2021 Learned Counsel Ms. Praveena Gautam submitted that the issues raised in this appeal do not call for any further consideration as they have become academic in nature and hence an application has been filed seeking withdrawal of the appeal.
(18) PRASHANT SINGH RAJPUT Vs. THE STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 08-10-2021 Criminal Procedure Code, 1973 (CrPC) - Section 438 - Anticipatory bail - Cancellation of - Murder - Deficiencies in course of investigation - High Court has not addressed the clear deficiencies in the course of the investigation which have been highlighted in the order of JMFC and trial Court's order -
(19) NASIB SINGH Vs. THE STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 08-10-2021 A. Criminal Procedure Code, 1973 (CrPC) - Section 223 and 223(a) - Penal Code, 1860 (IPC) - Sections 34, 217, 218, 120B, 306, 328, 363A, 366 and 376 - Non-joinder of trials - Joint trial - Re-trial - Miscarriage of justice - Prosecutrix committed suicide because of the rape committed by the accused - Acquittal - Appeal against - A conviction or acquittal of the accused cannot be set aside on the mere ground that there was a possibility of a joint or a separate trial - To set aside the order of
(20) M/S GIMPEX PRIVATE LIMITED Vs. MANOJ GOEL [SUPREME COURT OF INDIA] 08-10-2021 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Negotiable Instruments Act, 1881 (NI) - Section 138 - Dishonour of cheque - Quashing of complaint - Mere fact that a suit is pending before the High Court challenging the validity of the compromise deed would furnish no cogent basis to quash the proceedings under Section 138 - Once the ingredients of Section 138 of the NI Act are fulfilled, the statute clearly stipulates that "such person shall be deemed to have committed an offence" - Thus, o