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Latest Cases

(161) SARTAJ SINGH Vs. STATE OF HARYANA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 15-03-2021
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of additional accused - On the basis of deposition of injured eye witness - Accused can be summoned on the basis of examination - in - chief of the witness and the Court need not wait till his cross - examination - If on the basis of the examination-in-chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 CrPC array such a perso

(162) FAKHREY ALAM Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 15-03-2021
Unlawful Activities (Prevention) Act, 1967 - Section 18 - Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Default bail under first proviso of Section 167(2) of the Cr.P.C. is a fundamental right and not merely a statutory right as it is, a procedure established by law under Article 21 of the Constitution - Thus a fundamental right is granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2)of the Cr.P.C. are fulfilled.

(163) 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.
(2021) 3 JT 345 : (2021) 4 SCALE 41

(164) 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
(2021) 3 JT 394 : (2021) 4 SCALE 30

(165) 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
(2021) 3 JT 337 : (2021) 4 SCALE 219

(166) SARTAJ SINGH Vs. STATE OF HARYANA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 15-03-2021
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of additional accused - On the basis of deposition of injured eye witness - Accused can be summoned on the basis of examination - in - chief of the witness and the Court need not wait till his cross - examination - If on the basis of the examination-in-chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 CrPC array such a perso
(2021) 3 JT 407 : (2021) 4 SCALE 227

(167) FAKHREY ALAM Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 15-03-2021
Unlawful Activities (Prevention) Act, 1967 - Section 18 - Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Default bail under first proviso of Section 167(2) of the Cr.P.C. is a fundamental right and not merely a statutory right as it is, a procedure established by law under Article 21 of the Constitution - Thus a fundamental right is granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2)of the Cr.P.C. are fulfilled.

(168) BHIMA RAZU PRASAD Vs. STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II [SUPREME COURT OF INDIA] 12-03-2021
Penal Code, 1860 (IPC) - Section 193 - Criminal Procedure Code, 1973 (CrPC) - Section 195(1)(b)(i) - Fabricating false evidence - Stage of investigation - Lodging of case by investigating agency - Section 195(1)(b)(i) CrPC does not bar prosecution by the investigating agency for offence punishable under Section 193 IPC, which is committed during the stage of investigation - This is provided that the investigating agency has lodged complaint or registered the case under Section 193, IPC prior to

(169) STATE OF GOA AND ANOTHER Vs. FOUZIYA IMTIAZ SHAIKH AND ANOTHER [SUPREME COURT OF INDIA] 12-03-2021
Constitution of India, 1950 - Articles 142 and 243K - Appointment of State Election Commissioner - State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government - If there are any such persons holding the post of State Election Commissioner in any other state, such persons must be asked forthwith to step down from such office and the Sta

(170) MALLANAGUODA AND ORS Vs. NINGANAGOUDA AND OTHERS [SUPREME COURT OF INDIA] 12-03-2021
Civil Procedure Code, 1908 (CPC) - Section 100 - Second Appeal - Judgment of the First Appellate Court should not be interfered with by the High Court in exercise of its jurisdiction under Section 100 CPC, unless there is a substantial question of law.

(171) BHIMA RAZU PRASAD Vs. STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II [SUPREME COURT OF INDIA] 12-03-2021
Penal Code, 1860 (IPC) - Section 193 - Criminal Procedure Code, 1973 (CrPC) - Section 195(1)(b)(i) - Fabricating false evidence - Stage of investigation - Lodging of case by investigating agency - Section 195(1)(b)(i) CrPC does not bar prosecution by the investigating agency for offence punishable under Section 193 IPC, which is committed during the stage of investigation - This is provided that the investigating agency has lodged complaint or registered the case under Section 193, IPC prior to
(2021) 4 SCALE 195

(172) STATE OF GOA AND ANOTHER Vs. FOUZIYA IMTIAZ SHAIKH AND ANOTHER [SUPREME COURT OF INDIA] 12-03-2021
Constitution of India, 1950 - Articles 142 and 243K - Appointment of State Election Commissioner - State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government - If there are any such persons holding the post of State Election Commissioner in any other state, such persons must be asked forthwith to step down from such office and the Sta
(2021) 4 SCALE 137

(173) BHARAT SANCHAR NIGAM LIMITED AND ANOTHER Vs. M/S NORTEL NETWORKS INDIA PRIVATE LIMITED [SUPREME COURT OF INDIA] 10-03-2021
Limitation Act, 1963 - Article 137 - Arbitration and Conciliation Act, 1996 - Section 11 - Period of limitation for filing an application under Section 11 would be governed by Article 137 of the First Schedule of the Limitation Act, 1963 - Period of limitation will begin to run from the date when there is failure to appoint the arbitrator

(174) PRITI SARAF AND ANOTHER Vs. STATE OF NCT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 10-03-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 406 and 34 - Cheating - Criminal breach of trust - Appeal against order of High Court setting aside the criminal proceedings on the foundation that the allegations made in the complaint/FIR does not constitute offences under aforestated sections - On a careful reading of the complaint/FIR/charge-sheet it cannot be said that the complaint does not disclose the commission of an offence - Ingredients of the

(175) PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) Vs. PRAKASH HARKACHAND PARAKH AND OTHERS [SUPREME COURT OF INDIA] 10-03-2021
Constitution of India, 1950 - Article 226 - Judicial review - Appellant is primarily aggrieved by an interim order passed by the High Court in a writ petition filed at the instance of the respondent pursuant to which the street opened for public use has been restricted on terms and conditions - Ad-hoc arrangement by order on its own terms, imposing certain time limits when the subject road would be made available for public use, and when it would be used strictly as an internal road for the occu

(176) KALPRAJ DHARAMSHI AND ANOTHER Vs. KOTAK INVESTMENT ADVISORS LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 10-03-2021
Insolvency and Bankruptcy Code, 2016 - Sections 30 and 31 - Commercial wisdom of Committee of Creditors - Interference - Scope of - Commercial wisdom of Committee of Creditors "CoC" is not to be interfered with, excepting the limited scope as provided under Sections 30 and 31 of the I&B Code - Paramount importance given to the decision of CoC, which is to be taken on the basis of 'commercial wisdom', NCLAT was not correct in law in interfering with the commercial decision taken by CoC.

(177) HARI SHANKAR AGGARWAL Vs. THE STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 10-03-2021
Prevention of Food Adulteration Act, 1954 - Sections 7, 16, 17 and 17(2) - Cognizance of offence - As per Section 17 of the Food Adulteration Act, 1954, the notice under Section 17(2) is contemplated by company to Local Health Authority in such form and in such manner as has been prescribed that it has nominated such Director or Manager as a person who is responsible along with written consent of such Director - When the nomination was in Form VIII and duly sent and received, it cannot be rejec

(178) BHARAT SANCHAR NIGAM LIMITED AND ANOTHER Vs. M/S NORTEL NETWORKS INDIA PRIVATE LIMITED [SUPREME COURT OF INDIA] 10-03-2021
Limitation Act, 1963 - Article 137 - Arbitration and Conciliation Act, 1996 - Section 11 - Period of limitation for filing an application under Section 11 would be governed by Article 137 of the First Schedule of the Limitation Act, 1963 - Period of limitation will begin to run from the date when there is failure to appoint the arbitrator
(2021) 3 JT 150 : (2021) 4 SCALE 11

(179) PRITI SARAF AND ANOTHER Vs. STATE OF NCT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 10-03-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 406 and 34 - Cheating - Criminal breach of trust - Appeal against order of High Court setting aside the criminal proceedings on the foundation that the allegations made in the complaint/FIR does not constitute offences under aforestated sections - On a careful reading of the complaint/FIR/charge-sheet it cannot be said that the complaint does not disclose the commission of an offence - Ingredients of the
(2021) 3 JT 172 : (2021) 4 SCALE 1

(180) PUNE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY (PMRDA) Vs. PRAKASH HARKACHAND PARAKH AND OTHERS [SUPREME COURT OF INDIA] 10-03-2021
Constitution of India, 1950 - Article 226 - Judicial review - Appellant is primarily aggrieved by an interim order passed by the High Court in a writ petition filed at the instance of the respondent pursuant to which the street opened for public use has been restricted on terms and conditions - Ad-hoc arrangement by order on its own terms, imposing certain time limits when the subject road would be made available for public use, and when it would be used strictly as an internal road for the occu
(2021) 3 SCALE 773