(141) GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) REPRESENTED BY EXECUTIVE ENGINEER Vs. M/S BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED [SUPREME COURT OF INDIA] 19-03-2021 Limitation Act, 1963 - Section 5 - Arbitration and Conciliation Act, 1996 - Section 37 - Appeal - Condonation of delay - For appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule - In a fit case in which a party has otherwise acted bona fide and not in a negligent mann
(142) THE STATE OF KERALA Vs. MAHESH [SUPREME COURT OF INDIA] 19-03-2021 Penal Code, 1860 (IPC) - Section 302 - Murder of lady doctor - Appeal for rejection of bail - High Court did not apply its mind to the severity of the punishment in the event of conviction, or the fact that the accused had been absconding after the incident - High Court does not advert to any error in the reasoning of the Sessions Court - Nor is there any discussion of the reason why the High Court took a view different from that taken by the Sessions Court – whether there were any supervening c
(143) RAM CHANDRA AND OTHERS Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 19-03-2021 Penal Code, 1860 (IPC) - Section 302 - Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 2(k) - Murder - Delay in raising the claim of juvenility is no ground for rejection of a claim - Plea of juvenility had possibly not been taken before the Trial Court as the trial was concluded and the applicant was convicted before the Juvenile Justice(Care and Protection of Children) Act, 2000 was enacted. However, Section 2(k) of the Juvenile Justice (Care and Protection of Children)
(144) MANOJ KUMAR SOOD AND ANOTHER Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 19-03-2021 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Bail - Criminal proceedings are not for realization of disputed dues - It is open to a Court to grant or refuse the prayer for bail, depending on the facts and circumstance of the particular case - Factors to be taken into consideration, while considering an application for bail are, the nature of accusation and the severity of the punishment in the case of conviction; the nature of the materials relied upon by the prosecution; reasonable appr
(145) K. PRAKASH AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 19-03-2021 Penal Code, 1860 (IPC) - Sections 344 and 366 - Kidnapping - Reduction in sentence - Appellants only helping for Kidnapping - Main accusation was against accused no.1, who is convicted for offences punishable under Sections 344, 366, IPC and Section 6 of POCSO Act and sentenced to undergo imprisonment for a period of 10 years - Even in the complaint, it was mentioned that accused no.1 was in love with the victim girl - Complainant was not a direct witness to the incident that appellants kidnap v (2021) 3 JT 293 : (2021) 4 SCALE 335
(146) GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) REPRESENTED BY EXECUTIVE ENGINEER Vs. M/S BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED [SUPREME COURT OF INDIA] 19-03-2021 Limitation Act, 1963 - Section 5 - Arbitration and Conciliation Act, 1996 - Section 37 - Appeal - Condonation of delay - For appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule - In a fit case in which a party has otherwise acted bona fide and not in a negligent mann (2021) 4 SCALE 338
(147) APARNA BHAT AND OTHERS Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-03-2021 Penal Code, 1860 (IPC) - Sections 452, 354A, 323 and 506 - Sexual harassment - Using rakhi tying as a condition for bail - Acceptability - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate is wholly unacceptable, and has the effect of diluting and eroding the offence of sexual harassment - Act perpetrated on the survivor constitutes an offence in law, and is not a minor transgression that can be remedied by way of an apology, rendering communi
(148) APARNA BHAT AND OTHERS Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-03-2021 Penal Code, 1860 (IPC) - Sections 452, 354A, 323 and 506 - Sexual harassment - Using rakhi tying as a condition for bail - Acceptability - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate is wholly unacceptable, and has the effect of diluting and eroding the offence of sexual harassment - Act perpetrated on the survivor constitutes an offence in law, and is not a minor transgression that can be remedied by way of an apology, rendering communi (2021) 3 JT 296 : (2021) 4 SCALE 312
(149) AMAN LOHIA Vs. KIRAN LOHIA [SUPREME COURT OF INDIA] 17-03-2021 Family Courts Act, 1984 - Sections 7, 10, 14, 15 and 15 - Jurisdiction of Family Court - Family Court does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides
(150) THE STATE OF KERALA Vs. ANIL KUMAR AND OTHERS [SUPREME COURT OF INDIA] 17-03-2021 Criminal Procedure Code, 1973 (CrPC) - Section 173(2) - Deletion of parties from array of accused in final report - Final Report Under Section 173(2) CrPC should not be filed.
(151) AMAN LOHIA Vs. KIRAN LOHIA [SUPREME COURT OF INDIA] 17-03-2021 Family Courts Act, 1984 - Sections 7, 10, 14, 15 and 15 - Jurisdiction of Family Court - Family Court does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides (2021) 3 JT 314 : (2021) 4 SCALE 248
(152) PRAMOD KUMAR SINGH AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-03-2021 Service Law - Appointment - Post of Constable PAC and Fireman seats for General Category Male Candidates - Selection Process - To fill up 41610 posts of Police Constables - Petitioner being Candidate of General Category - Process of selection for 3295 posts was undertaken - The present Petition has been filed submitting inter alia that certain candidates coming from 'Reserved Categories', who were initially selected against 'Reserved Categories' seats, were now shown against the 'Open Category’
(153) NEENA ANEJA AND ANOTHER Vs. JAI PRAKASH ASSOCIATES LIMITED [SUPREME COURT OF INDIA] 16-03-2021 Consumer Protection Act, 2019 - Pecuniary jurisdiction - Proceedings instituted before the commencement of the Act of 2019 on 20 July 2020 would continue before the fora corresponding to those under the Act of 1986 (the National Commission, State Commissions and District Commissions) and not be transferred in terms of the pecuniary jurisdiction set for the fora established under the Act of 2019.
(154) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 16-03-2021 Motor Vehicles Act, 1988 - Sections 158(6) and 166 - Motor Vehicles (Amendment) Act, 2019 - Section 159 - Directions for police, Motor Accident Claim Tribunals and insurance firms to streamline the payment of compensation to the victims of road mishaps.
(155) PRAMOD KUMAR SINGH AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-03-2021 Service Law - Appointment - Post of Constable PAC and Fireman seats for General Category Male Candidates - Selection Process - To fill up 41610 posts of Police Constables - Petitioner being Candidate of General Category - Process of selection for 3295 posts was undertaken - The present Petition has been filed submitting inter alia that certain candidates coming from 'Reserved Categories', who were initially selected against 'Reserved Categories' seats, were now shown against the 'Open Category’ (2021) 4 SCALE 243
(156) NEENA ANEJA AND ANOTHER Vs. JAI PRAKASH ASSOCIATES LIMITED [SUPREME COURT OF INDIA] 16-03-2021 Consumer Protection Act, 2019 - Pecuniary jurisdiction - Proceedings instituted before the commencement of the Act of 2019 on 20 July 2020 would continue before the fora corresponding to those under the Act of 1986 (the National Commission, State Commissions and District Commissions) and not be transferred in terms of the pecuniary jurisdiction set for the fora established under the Act of 2019. (2021) 4 SCALE 268
(157) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 16-03-2021 Motor Vehicles Act, 1988 - Sections 158(6) and 166 - Motor Vehicles (Amendment) Act, 2019 - Section 159 - Directions for police, Motor Accident Claim Tribunals and insurance firms to streamline the payment of compensation to the victims of road mishaps.
(158) ARUN KUMAR JAGATRAMKA Vs. JINDAL STEEL AND POWER LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 15-03-2021 Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 - Regulation 2B - Companies Act, 2013 - Section 230 - Compromise or arrangement - A person who is not eligible under the IBC to submit a resolution plan for insolvency resolution of the corporate debtor shall not be a party in any manner to such compromise or arrangement.
(159) SECUNDERABAD CANTONMENT BOARD Vs. M/S B. RAMACHANDRAIAH AND SONS [SUPREME COURT OF INDIA] 15-03-2021 Arbitration and Conciliation Act, 1996 - Section 11 - Limitation Act, 1963 - Section 9 - Appointment of arbitrator - Time barred - It is clear that the demand for arbitration in the present case was made by the letter dated 07.11.2006 - This demand was reiterated by a letter dated 13.01.2007, which informed the Appellant that appointment of an arbitrator would have to be made within 30 days - At the very latest, therefore, on the facts of this case, time began to run on and from 12.02.2007 - App
(160) NAVEEN SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 15-03-2021 Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471 and 120B - Tampering of court record - Application for cancellation of bail - Submission on behalf of the accused that as the record is now in the court's custody there is no chance of tampering is concerned, the allegation against the respondent accused are of tampering/forging/manipulating the court record which was in the custody of the court - Seriousness of the offence is one of the relevant considerations while considering the grant of b