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(161) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SUNITA [SUPREME COURT OF INDIA] 29-10-2021
A. Insurance policy - Interpretation of - Rewrite - It is clear that the terms of insurance policy have to be strictly construed, and it is not permissible to rewrite the contract while interpreting the terms of the Policy.

(162) DAYLE DE'SOUZA Vs. GOVERNMENT OF INDIA THROUGH DEPUTY CHIEF LABOUR COMMISSIONER (C) AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Criminal Procedure Code, 1973 (CrPC) - Sections 200 and 482 - Minimum Wages Act,1948 - Section 22C(1), 21(4), 22, 25(2), 26(1) and 26(5) - Minimum Wages (Central) Rules,1950 - Section 22A - Summoning order - Quashing of - Sub-section (1) to Section 22C states that where an offence is committed by a company, every person who at the time the offence was committed was in-charge of and was responsible to the company for the conduct of the business, as well as the company itself shall be deemed to be

(163) THE STATE OF JAMMU & KASHMIR AND OTHERS Vs. DR. SALEEM UR REHMAN [SUPREME COURT OF INDIA] 29-10-2021
Jammu and Kashmir Prevention of Corruption Act, 2006 - Section 5(1)(d) r/w 5(2) - Ranbir Penal Code, 1989 - Section 120B - Misappropriation of huge amount of government money by way of effecting purchases of sub-standard medical kits under National Rural Health Mission (NRHM) at highly exorbitant rates and in violation of the conditions of supply orders placed by the department

(164) STATE OF KERALA AND ANOTHER Vs. M/S POPULAR ESTATES (NOW DISSOLVED) AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 3 and 8 - Forest lands - Settlement of disputes - Respondent successfully urged before the High Court that what was demarcated was only 100 hectares and the others were not demarcated since they were cultivated - This was borne out by the final report

(165) THE TRANSPORT CORPN. OF INDIA LIMITED THROUGH SANTNU PATRA MANAGER - LEGAL Vs. EMPLOYEES STATE INSURANCE CORPN. AND OTHERS [SUPREME COURT OF INDIA] 29-10-2021
Employees State Insurance Act, 1948 – Section 45-A – Determination of contribution - Employer had provided better medical facilities to the employees than what are provided under the said Act of 1948 and there were no complaints by the employees or their Unions about the medical services provided - It was found that without paying contribution, the object of the said Act of 1948 was fulfilled.

(166) HARIRAM BHAMBHI Vs. SATYANARAYAN AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Penal Code, 1860 (IPC) - Sections 302 and 201 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 15A, 15A(3) and 15A(5) - Murder - Cancellation of bail - Notice issued to victim under sub-sections (3) and (5) of Section 15A are mandatory in nature - In the present case, it is evident that the right to notice and to be heard were violated - Sub-section (3) of Section 15A provides that a reasonable and timely notice must be issued to the victim or their dep

(167) BHOOPENDRA SINGH Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 323, 341, 307, 302 and 336 - Murder - Cancellation of bail - There is a specific allegation that the second respondent has actively aided the commission of the crime by furnishing information about the movements of the deceased to the killers - High Court has failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent - Bail cancelled - Appeal allowed.

(168) MAHENDRA K C Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 29-10-2021
Criminal Procedure Code, 1973 (CrPC)- Section 482 - Penal Code, 1860 (IPC) - Section 306 - Abetment of suicide - Suicide note - Investigation stayed and Proceedings quashed - Appeal against - Alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account

(169) DR. SUSHIL KUMAR TRIPATHI Vs. JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
University Grants Commission Act, 1956 - Section 12(b) - Abolition of post - Appeal against - University had the power to abolish any department but not the post sanctioned under the Tenth Plan by the UGC - Post held by the appellant was sanctioned and financially supported by the UGC under the Tenth Plan, and the same would not have been automatically abolished at the end of the Plan - Termination of services of the appellant was illegal and not in accordance with law - Appeal allowed.

(170) NARAYANA PRASAD SAHU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 29-10-2021
Prevention of Food Adulteration Act, 1954 - Section 13(2) - Food Adulteration - Report of public analyst - If a copy of the report of the Public Analyst is not delivered to the accused, his right under sub-section (2) of Section 13 of praying for sending the sample to the Central Food Laboratory will be defeated - Consequently, his right to challenge the report will be defeated

(171) STATE OF ORISSA AND OTHERS Vs. PREMALATA MOHAPATRA (DEAD) THROUGH LRS. [SUPREME COURT OF INDIA] 29-10-2021
The challenge in the present appeals is to an order passed by the High Court of Orissa on 12.4.2016 directing the Collector and the Tehsildar, respondent Nos. 2 and 3 before the High Court (appellants herein) to demarcate the land of 5 acres in respect of the lease case initiated in the year 1967 and to handover the possession of the said land preferably within a period of four weeks.

(172) GANESAN AND OTHER Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER [SUPREME COURT OF INDIA] 29-10-2021
Penal Code, 1860 (IPC) – Sections 391, 395 and 397 - Robbery, or dacoity, with attempt to cause death or grievous hurt - Mere acquittal of some of the accused on the same evidence by itself does not lead to a conclusion that all deserve to be acquitted in case appropriate reasons have been given on appreciation of evidence both in regard to acquittal and conviction of the accused - Conviction of accused for offence punishable under Section 397 IPC is hereby set aside and the appellants–accused a

(173) A.T. MYDEEN AND ANOTHER Vs. THE ASSISTANT COMMISSIONER, CUSTOMS DEPARTMENT [SUPREME COURT OF INDIA] 29-10-2021
Criminal Procedure Code, 1973 (CrPC) - Sections 273, 275, 276, 278, 279, 299, 367 and 391 - Evidence Act, 1872 - Section 33 - Recording of evidence - Separate Trial - Whether the evidence recorded in a separate trial of co-accused can be read and considered by the appellate court in a criminal appeal arising out of another separate trial conducted against another accused, though for the commission of the same offence

(174) SARABJEET SINGH MOKHA Vs. THE DISTRICT MAGISTRATE, JABAIPUR AND OTHERS [SUPREME COURT OF INDIA] 29-10-2021
Constitution of India, 1950 - Article 22(4) - National Security Act, 1980 - Section 3(2) - Disaster Management Act, 2005 - Section 53 - Epidemic Diseases Act, 1897 - Section 3 - Penal Code, 1860 (IPC) - Sections 274, 275, 308, 420 and 120B - Procuring fake Remdesivir injections which were administered to patients during the Covid-19 pandemic in order to make illegal profits thereby endangering the life of the general public

(175) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SUNITA [SUPREME COURT OF INDIA] 29-10-2021
A. Insurance policy - Interpretation of - Rewrite - It is clear that the terms of insurance policy have to be strictly construed, and it is not permissible to rewrite the contract while interpreting the terms of the Policy.

(176) DAYLE DE'SOUZA Vs. GOVERNMENT OF INDIA THROUGH DEPUTY CHIEF LABOUR COMMISSIONER (C) AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Criminal Procedure Code, 1973 (CrPC) - Sections 200 and 482 - Minimum Wages Act,1948 - Section 22C(1), 21(4), 22, 25(2), 26(1) and 26(5) - Minimum Wages (Central) Rules,1950 - Section 22A - Summoning order - Quashing of - Sub-section (1) to Section 22C states that where an offence is committed by a company, every person who at the time the offence was committed was in-charge of and was responsible to the company for the conduct of the business, as well as the company itself shall be deemed to be

(177) THE STATE OF JAMMU & KASHMIR AND OTHERS Vs. DR. SALEEM UR REHMAN [SUPREME COURT OF INDIA] 29-10-2021
Jammu and Kashmir Prevention of Corruption Act, 2006 - Section 5(1)(d) r/w 5(2) - Ranbir Penal Code, 1989 - Section 120B - Misappropriation of huge amount of government money by way of effecting purchases of sub-standard medical kits under National Rural Health Mission (NRHM) at highly exorbitant rates and in violation of the conditions of supply orders placed by the department

(178) STATE OF KERALA AND ANOTHER Vs. M/S POPULAR ESTATES (NOW DISSOLVED) AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 3 and 8 - Forest lands - Settlement of disputes - Respondent successfully urged before the High Court that what was demarcated was only 100 hectares and the others were not demarcated since they were cultivated - This was borne out by the final report

(179) THE TRANSPORT CORPN. OF INDIA LIMITED THROUGH SANTNU PATRA MANAGER - LEGAL Vs. EMPLOYEES STATE INSURANCE CORPN. AND OTHERS [SUPREME COURT OF INDIA] 29-10-2021
Employees State Insurance Act, 1948 – Section 45-A – Determination of contribution - Employer had provided better medical facilities to the employees than what are provided under the said Act of 1948 and there were no complaints by the employees or their Unions about the medical services provided - It was found that without paying contribution, the object of the said Act of 1948 was fulfilled.

(180) HARIRAM BHAMBHI Vs. SATYANARAYAN AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Penal Code, 1860 (IPC) - Sections 302 and 201 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 15A, 15A(3) and 15A(5) - Murder - Cancellation of bail - Notice issued to victim under sub-sections (3) and (5) of Section 15A are mandatory in nature - In the present case, it is evident that the right to notice and to be heard were violated - Sub-section (3) of Section 15A provides that a reasonable and timely notice must be issued to the victim or their dep

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