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(101) INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR AND OTHERS Vs. SOUTRIK SARANGI AND OTHERS [SUPREME COURT OF INDIA] 28-09-2021

(102) EMPLOYEES' STATE INSURANCE CORPORATION Vs. KAKINADA MUNICIPALITY AND OTHERS [SUPREME COURT OF INDIA] 28-09-2021
Employees State Insurance Act, 1948 - Section 45-A, 75 and 90 - Payment of contribution - Exemption - Power of exemption is indeed only with the appropriate Government - If a factory or establishment is covered under the Act then subject to the power of the Government to take it out of the purview of the Act by an act of exemption, which, in turn, can be done only after consulting the E.S.I. Corporation and by following the other requirements as provided therein, the said power cannot be availed

(103) MALOOK SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 28-09-2021
Service Law - Ad hoc appointment - Regularization - Ad hoc service cannot be counted for determining the seniority if the initial appointment has been made as a stop gap arrangement and not according to rules - Services rendered by ad hoc employees prior to their regularization cannot be counted for the purpose of seniority - Ad hoc service should be counted for conferring the benefit of seniority in the present case is clearly misplaced - Pensionary benefits which are being disbursed to the app

(104) M/S. NEW VICTORIA MILLS AND OTHERS Vs. SHRIKANT ARYA [SUPREME COURT OF INDIA] 27-09-2021

(105) THE STATE OF UTTAR PRADESH AND OTHERS Vs. PRINCIPAL ABHAY NANDAN INTER COLLEGE AND OTHERS [SUPREME COURT OF INDIA] 27-09-2021

(106) NEW DELHI MUNICIPAL COUNCIL Vs. GANGA DEVI AND ANOTHER [SUPREME COURT OF INDIA] 27-09-2021
Eviction - If there is a policy of regularization or restoration of the Union, the same may be followed by the Council - However, the policy of the Council, if any, in respect of regularization/restoration of allotment would not be applicable - Therefore, even if the Council has not produced policy of regularization, it is not material to the questions raised in the present appeal - Rights of the Council are to administer the properties as a delegate of the Government of India and not as an owne

(107) RAVINDRANATHA BAJPE Vs. MANGALORE SPECIAL ECONOMIC ZONE LIMITED AND OTHERS ETC. [SUPREME COURT OF INDIA] 27-09-2021
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Penal Code, 1860 (IPC) - Sections 427, 447, 506 and 120B read with Section 34 - Summoning of accused - In the order issuing summons, the learned Magistrate has to record his satisfaction about a prima facie case against the accused who are Managing Director, the Company Secretary and the Directors of the Company and the role played by them in their respective capacities which is sine qua non for initiating criminal proceedings against them -

(108) SHRI MAHADEV MEENA Vs. PRAVEEN RATHORE AND ANOTHER [SUPREME COURT OF INDIA] 27-09-2021
Penal Code, 1860 (IPC) - Section 302 and 120B - Criminal Procedure Code, 1973 (CrPC) - Section 439 - Cancellation of Bail - Conspiracy - Murder - Tampering with evidence - Deceased was employed with the Intelligence Bureau - Mobile phone of the wife of the deceased was seized and it showed that she had been in constant touch with the First respondent-accused after the death of her husband - First respondent himself being an employee of the Anti-Corruption Bureau, the likelihood of the evidence b

(109) STATE OF ODISHA AND OTHERS Vs. ARATI MOHAPATRA [SUPREME COURT OF INDIA] 27-09-2021

(110) SAREGAMA INDIA LIMITED Vs. NEXT RADIO LIMITED AND OTHERS [SUPREME COURT OF INDIA] 27-09-2021
Copyright Rules, 2013 - Rule 29(4) - Court in the exercise of judicial review cannot supplant the terms of the provision through judicial interpretation by re-writing statutory language - Draftsmanship is a function entrusted to the legislature - Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute - For then, the judicial craft enters the forbidden domain of a legislative draft.

(111) ASHISH SARAF Vs. BHUVAN MADAN AND OTHERS [SUPREME COURT OF INDIA] 27-09-2021
We are unable to persuade ourselves to interfere in the judgments impugned dated 12.03.2020 in Civil Appeals @ Diary No. 2669/2021 and dated 25.11.2020 in Civil Appeal No. 5129/2021 passed by the National Company Law Appellate Tribunal, New Delhi.

(112) NATIONAL GANDHI MUSEUM Vs. SUDHIR SHARMA [SUPREME COURT OF INDIA] 24-09-2021
A. Industrial Tribunal Act, 1947 - Section 33 - Reinstatement - Misconduct - Assaulting senior official - Object for which the Gandhi Smarak Sangrhalaya Samiti (Society) was established and the activities admittedly carried out by the appellant will have to be borne in mind as one of the factors for deciding the quantum of compensation which can be granted to the respondent in lieu of reinstatement.

(113) M/S MAGADH SUGAR AND ENERGY LIMITED Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 24-09-2021
Constitution of India, 1950 - Article 226 - Bihar Electricity Duty Act, 1948 - Section 3(1), 6B(1) and 5A - Imposition of electricity duty and penalty - Writ jurisdiction - Statutory remedy - Appellant had invoked the writ jurisdiction of the High Court to challenge the imposition of electricity duty and penalty on the electricity that it was supplying to Bihar State Electricity Board - High Court declined to entertain the writ petition instituted by the appellant on the ground that the dispute

(114) MR RAJEEV NOHWAR Vs. CHIEF CONTROLLING REVENUE AUTHORITY MAHARASHTRA STATE, PUNE AND OTHERS [SUPREME COURT OF INDIA] 24-09-2021
Stamp Act, 1899 Sections 47 and 50 - Refund of stamp duty - Application for refund was due to the prolonged proceedings before the NCDRC, the application cannot be rejected on the ground of delay - A litigant has no control over judicial delays - A rejection of the application for refund would violate equity, justice and fairness where the applicant is made to suffer the brunt of judicial delay - Therefore, this is a fit case for the exercise of the power under Article 142 of the Constitution.

(115) S. KARTHIK AND OTHERS Vs. N. SUBHASH CHAND JAIN AND OTHERS [SUPREME COURT OF INDIA] 23-09-2021
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Sections 13(1), 13(2), 13(3), 13(4), 14 and 35 - Security Interest (Enforcement) Rules, 2002 - Rules 8 and 9 - Sale of a mortgaged property - Appellants submitted that in the Second Sale Notice, the period given for paying revised outstanding dues was only 10 days and Notice was in blatant breach of Rule 8(6) and Rule 9(1) of the Security Interest (Enforcement) Rules, 2002 - It is su

(116) TRIYAMBAK S. HEGDE Vs. SRIPAD [SUPREME COURT OF INDIA] 23-09-2021
Negotiable Instruments Act, 1881 (NI) - Section 138 - Criminal Procedure Code, 1973 (CrPC) - Section 200 - Dishonour of cheque - Gravity of complaint under N.I. Act cannot be equated with an offence under the provisions of the Indian Penal Code, 1860 or other criminal offences - If an enhanced fine is imposed it would meet the ends of justice.

(117) AJAI PAL SINGH AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 23-09-2021
Land Acquisition Act, 1894 - Sections 4, 6 and 18 - Land Acquisition - Compensation - Determination of - Appellants are claiming that in the case of the appellants, the land was acquired in the year 1976 and in the case of Khazan and Ors. Vs. State of U.P., (First Appeal No.564 of 1997 the land was acquired in the year 1983, by adopting a formula of deducting 10% depreciation each year and after deducting 10% depreciation for 07 years, the compensation may be determined, the aforesaid cannot be

(118) BIHARI (DEAD) THROUGH LRS. AND OTHERS Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 23-09-2021
Special Leave Petition - Delay in preferring - Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, by which the High Court has allowed the said appeal preferred by the original landowners and has enhanced the amount of compensation from Rs.6/- per square yard as awarded by the Reference Court to Rs. 28.12 per square yard, the original landowners have preferred the present special leave petition - There is a delay of approximately six years in preferr

(119) NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS Vs. MADHUKAR KUMAR AND OTHERS [SUPREME COURT OF INDIA] 23-09-2021
The appellants before us, who are NHAI, its Chairman and the General Manager, filed LPA No. 388 of 2015 against Writ Petition No. 5643 of 2012. The said Appeal came to be heard along with LPA No. 236 of 2015, filed by the concessionaire, arising from Judgment in Writ Petition No. 5643 of 2012 and LPA No. 332 of 2015 filed again by the concessionaire against Writ Petition No. 4526 of 2013, and by the impugned Judgment, the Division Bench confirmed the Judgment of the learned Single Judge.

(120) THE JAMIA MASJID Vs. SRI K V RUDRAPPA (SINCE DEAD) BY LRS. AND OTHERS [SUPREME COURT OF INDIA] 23-09-2021
A. Civil Procedure Code, 1908 (CPC) - Section 92 - A suit under section 92 CPC is of a representative character and all persons interested in the Trust would be bound by the judgment in the suit, and persons interested would be barred by the principle of res judicata from instituting a subsequent suit on the same or substantially the same issue.

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