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(121) IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION Vs. [SUPREME COURT OF INDIA] 23-09-2021
Due to the outbreak of COVID-19 pandemic in March, 2020, this Court took Suo Motu cognizance of the difficulties that might be faced by the litigants in filing petitions/ applications/ suits/ appeals/ all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State). On 23.03.2020, this Court directed extension of the period of limitation in all proceedings before the Courts/Tribunals including this Court w.

(122) DLF HOME DEVELOPERS LIMITED Vs. RAJAPURA HOMES PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 22-09-2021
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of sole arbitrator to adjudicate the differences between the parties that have arisen out of the two Construction Management Agreements - Parties have neither denied that there is no 'arbitrable dispute' between them nor have they challenged the existence of the arbitration clause(s) in the Construction Management Service Agreements - Considering that the primary twin-test envisioned under Section 11(6) of the Act has been sati

(123) UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, LUCKNOW Vs. MD. NAWAZ KHAN [SUPREME COURT OF INDIA] 22-09-2021
Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS) - Sections 8, 21, 27A, 29, 37(1)(b), 37(1)(b)(ii), 42 and 67 - Cancellation of bail - High Court while granting bail to the respondent adverted to two circumstances, namely (i) absence of recovery of the contraband from the possession of the respondent and (ii) the wrong name in the endorsement of translation of the statement under Section 67 of the NDPS Act - Held, Merely making a finding on the possession of the contraband did not fulf

(124) SRI MARTHANDA VARMA (D) TH. LRS. AND OTHERS Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 22-09-2021
The founder of the Trust Sri. Rama Varma Maharaja of Travancore had transferred to this Trust various items of landed properties which are surrounding the Temple, and the transfer was made solely for the benefit of the Temple. As per the Trust deed, the income from the Trust has to be used only for the said objects viz., the benefit of the Temple. The present trustees of the said Trust are members of the erstwhile Travancore royal family and persons connected to them

(125) SRI DORAIRAJ SPINTEX Vs. R CHITTIBABU AND OTHERS [SUPREME COURT OF INDIA] 22-09-2021
Industrial Disputes Act, 1947 - Section 33(2)(b) - Dismissal of workmen - Disciplinary proceedings - Action of dismissal for misconduct was not connected with the dispute which was pending in conciliation, the provisions of Section 33(2)(b) of the ID Act would stand attracted - There is no dispute about the fact that there was compliance of the provisions of Section 33(2)(b), nor is there a finding to the contrary - Nonetheless, Assistant Commissioner of Labour came to the conclusion that once c

(126) MEDINI. C AND OTHERS ETC. ETC. Vs. BHARAT SANCHAR NIGAM LIMITED AND OTHERS ETC. ETC. [SUPREME COURT OF INDIA] 21-09-2021

(127) INDRAPAL SINGH AND OTHERS Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 21-09-2021
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder by gunshots - Common intention - Property dispute - A cumulative reading of the evidence of PW1 and PW2 along with other material evidence on record would clearly point to the fact that Section 34 of the IPC was rightly invoked along with Section 302 vis-a-vis the accused - This is particularly so on account of there being no contra evidence on behalf of the defence to explain as to why they all went together to the spot with fir

(128) CHANDAN BANERJEE AND OTHERS Vs. KRISHNA PROSAD GHOSH AND OTHERS [SUPREME COURT OF INDIA] 21-09-2021
A. Constitution of India, 1950 - Articles 14 and 16 - Educational qualification is a valid ground for classification between persons of the same class in matters of promotion and is not violative of Articles 14 and 16 of the Constitution.

(129) COMMISSIONER OF CUSTOMS, PUNE Vs. M/S BALLARPUR INDUSTRIES LIMITED [SUPREME COURT OF INDIA] 21-09-2021
Customs Act, 1962 - Sections 111(m) 28AB, 112(a) and 118(a) - Mis-declaration of goods - Anti-dumping duty - Allegation in the Show Cause Notice is that the respondent mis-declared its goods as 'Lutex – 701' which on tests were found to be SBR of 1900 series on which anti-dumping duty was leviable - Whether the Tribunal erred in setting aside the demand of anti – dumping duty on the product 'Styrene Butadiene Rubber' ("SBR") classified under the heading 4002 of the First Schedule of the Customs

(130) KALA SINGH @ GURNAM SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 21-09-2021
Penal Code, 1860 (IPC) - Section 304 Part­II/34 - Sudden quarrel - Modification of sentence - Appellant and deceased had a sudden fight as the deceased had stolen the pigeon of the appellant and in the heat of passion upon a sudden quarrel the co­accused who had rod with him, gave a blow with the rod on the right side of the head of the deceased resulting in his death and Appellant and co­accused have thrown the dead body of the deceased in the minor canal - It is clear from the evidence on reco

(131) MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL Vs. RAMDWAR MAHAVIR PANDE (DEAD) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 21-09-2021
Second Appeal - Substantial question of law - Conclusion in the second appeal was therefore devoid of any independent finding on the substantial question of law formulated by the Court itself - With the required finding on the additional issue, a contrary conclusion favouring the other side, can't entirely be ruled out in the second appeal. This is particularly possible because of the mismatch between the area under occupation of the defendants and the smaller area covered in their two sale deed

(132) RAJENDRA BAJORIA AND OTHERS Vs. HEMANT KUMAR JALAN AND OTHERS [SUPREME COURT OF INDIA] 21-09-2021
Civil Procedure Code, 1908 (CPC) - Rejection of plaint - Power conferred on the court to terminate a civil action is a drastic one, and the conditions enumerated under Order VII Rule 11 of CPC are required to be strictly adhered to. However, under Order VII Rule 11 of CPC, the duty is cast upon the court to determine whether the plaint discloses a cause of action, by scrutinizing the averments in the plaint, read in conjunction with the documents relied upon, or whether the suit is barred by any

(133) PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER Vs. EMTA COAL LIMITED [SUPREME COURT OF INDIA] 21-09-2021
Coal Mines (Special Provisions) Act, 2015 - Section 11 - Discharge or adoption of third party contracts with prior allottees - Successful allottee or bidder has complete freedom to decide as to whether he desires to continue or adopt any such existing contracts in relation to coal mining operation - Only in the event he elects to adopt or continue with existing contracts, it shall constitute novation for residual term or residual performance of such contracts - In the event the successful bidder

(134) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND OTHERS Vs. 24 ORANGES LAB LLP AND ANOTHER [SUPREME COURT OF INDIA] 21-09-2021
Execution of lease deed - Determination of market value plot - High Court has not at all appreciated the fact that the lease deed was followed by the interim order in which it was specifically mentioned that the rate at Rs.5900/­ per sq.meter shall be as an interim measure - In order, it has been specifically observed that so far as the dispute of the balance enhanced amount is concerned, the same shall be settled and disposed of after exchange of affidavits - In that view of the matter the High

(135) UNION OF INDIA AND OTHERS Vs. DALBIR SINGH [SUPREME COURT OF INDIA] 21-09-2021
Service Law - Dismissal of CRPF Constable - Misusing of service weapon - An FIR was lodged against the writ petitioner for an offence under Section 302, 307 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 when the writ petitioner was accused to have fired from his service revolver on Head Constable and Deputy Commandant resulting in the death of Head Constable and injuries to Deputy Commandant - High Court acquitted him of the charges framed against him by giving benefit of d

(136) KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED Vs. T.P. NATARAJA AND OTHERS [SUPREME COURT OF INDIA] 21-09-2021
Karnataka State Servants (Determination of Age) Act, 1974 - Section 5(2) - Change of date of birth in service record - Application for change of date of birth can only be as per the relevant provisions/regulations applicable - Even if there is cogent evidence, the same cannot be claimed as a matter of right - Application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the

(137) ALLAHABAD BANK AND OTHERS Vs. KRISHAN PAL SINGH [SUPREME COURT OF INDIA] 20-09-2021
Service Law - Reinstatement with back wages - Modification of relief granted by High Court - Workman has worked only for a period of about six years and he has already attained the age of superannuation - Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law - It is a fit case for modification of the relief granted by the High Court - It appropriate that ends of justice would be met by

(138) M/S LAXMI CONTINENTAL CONSTRUCTION CO. Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 20-09-2021
Arbitration Act, 1940 - Section 28 - Arbitration proceedings - Extension of time for making the award - Once the Sole Arbitrator continued with the arbitration proceedings and passed the award within the extended period of time, it cannot be said that he has misconducted himself as he continued with the arbitration proceedings.

(139) MANMOHAN LAL GUPTA (DEAD) THRU LRS. Vs. MARKET COMMITTEE BHIKHI AND OTHERS [SUPREME COURT OF INDIA] 20-09-2021
Land Acquisition Act, 1894 - Sections 4, 5-A and 6 - Land Acquisition - Determination of market value - When the different items of property in the different survey number were acquired for the same purpose of establishing the market yard and as observed by the High Court since all the lands had the road passing beside it, a common determination of the market value was the appropriate course - Observation of High Court is justified - Appeal dismissed.

(140) BHAGWAN NARAYAN GAIKWAD Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 20-09-2021
Criminal Procedure Code, 1973 (CrPC) - Section 357 - Penal Code, 1860 (IPC) - Section 326 - Voluntarily causing grievous hurt by dangerous weapons - Assault with the sword and chopping of right leg and right forearm below the elbow and the brutality is apparent on the face of record - Compromise has not been obtained out of coercion and inducement and entered with free will without any reservation/caveat certainly be acted upon and can be one of the mitigating factor to be considered by altering

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