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(21) 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

(22) UFLEX LIMITED Vs. GOVERNMENT OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 17-09-2021
Constitution of India, 1950 - Article 226 - Judicial Review - Tender jurisdiction - Judicial review of contractual matters has its own limitations - It is in this context of judicial review of administrative actions that this Court has opined that it is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fide - Purpose is to check whether the choice of decision is made lawfully and not to check whether the choice of decision is sound. In evaluating tenders and award

(23) SALIM D. AGBOATWALA AND OTHERS Vs. SHAMALJI ODDHAVJI THAKKAR AND OTHERS [SUPREME COURT OF INDIA] 17-09-2021
Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of plaint under Order VII Rule 11 is a drastic power conferred on the Court to terminate a civil action at the threshold - Therefore, the conditions precedent to the exercise of the power are stringent and it is especially so when rejection of plaint is sought on the ground of limitation - When a plaintiff claims that he gained knowledge of the essential facts giving rise to the cause of action only at a particular point of time, the

(24) DIRECTOR OF INCOME TAX, NEW DELHI Vs. M/S. MITSUBISHI CORPORATION [SUPREME COURT OF INDIA] 17-09-2021
Income Tax Act, 1961 - Sections 209(1)(d) and 234B - Interest for defaults in payment of advance tax - Prior to the financial year 2012-13, the amount of income-tax which is deductible or collectible at source can be reduced by the assessee while calculating advance tax, the Respondent cannot be held to have defaulted in payment of its advance tax liability - Position has changed since the financial year 2012-13, in view of the proviso to Section 209(1)(d), pursuant to which if the assessee rece

(25) RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED AND ANOTHER Vs. ANIL KANWARIYA [SUPREME COURT OF INDIA] 17-09-2021
Service Law - False declaration found during documents verification - Employee once made a false declaration and/or suppressed the material fact of pending criminal case shall not be entitled to an appointment as a matter of right - Held:

- Where the employer feels that an employee who at the initial stage itself has made a false statement and/or not disclosed the material facts and/or suppressed the material facts and therefore he cannot be continued in service because such an employee canno

(26) KANCHAN SHARMA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 17-09-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 107 and 306 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Abetment of suicide - Quashing of proceedings - Allegation against appellant that the appellant refused to marry the deceased, deceased has committed suicide by consuming poison and appellant and other members of the family have casteist abuses and forcefully administered poison to him - Except the

(27) MOHD. RAFIQ @ KALLU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 15-09-2021
Penal Code, 1860 (IPC) - Sections 299, 302 and 304 - Murder - Appeal against conviction and sentence - Police officials were stationed at a vantage point, on the main road, when the truck reached there. Sub-inspector (deceased) motioned the truck to stop; it was driven by the accused - Instead of applying brakes, the accused tried to speed away, upon which Sub-inspector (deceased) boarded the truck from its left side. At that stage, it is alleged that the accused warned Sub-inspector (deceased)

(28) SUDHIR KUMAR @ S. BALIYAN Vs. VINAY KUMAR G.B. [SUPREME COURT OF INDIA] 15-09-2021
Civil Procedure Code, 1908 (CPC) - Order 11 Rules 1, 1(4) and 1(5) - Requirement of establishing the reasonable cause for non disclosure of the documents along with the plaint shall not be applicable if it is averred and it is the case of the plaintiff that those documents have been found subsequently and in fact were not in the plaintiff's power, possession, control or custody at the time when the plaint was filed - Therefore Order XI Rule 1 (4) and Order XI Rule 1 (5) applicable to the commerc

(29) DHRUVA ENTERPRISES Vs. C. SRINIVASULU AND OTHERS [SUPREME COURT OF INDIA] 15-09-2021
National Green Tribunal Act, 2010 - Sections 15, 16 and 18(1) - Mining Plan - Environment Clearance - Tribunal held that the area was reduced from 29 hectares to 24 hectares only in order to avoid the rigours of public hearing and Singotham Lake was in close proximity of the proposed mining area and as such, the EC granted, was not correct in law - Appeal against same - Finding of the learned Tribunal that the area was reduced to 24 hectares from 29 hectares only in order to avoid the rigours of

(30) K.N. RAJAKUMAR Vs. V. NAGARAJAN AND OTHERS [SUPREME COURT OF INDIA] 15-09-2021
Insolvency and Bankruptcy Code, 2016 - Section 12A - Withdrawal of application admitted under section 7, 9 or 10 - Adjudicating Authority is entitled to withdraw the application admitted under Section 7 or Section 9 or Section 10, on an application made by the applicant with the approval of 90% voting share of the CoC.

(31) NAGENDRA SAH Vs. THE STATE OF BIHAR [SUPREME COURT OF INDIA] 14-09-2021
Penal Code, 1860 (IPC) - Sections 302 and 201 - Murder - Wife died due to burn injuries - Conviction based solely on the cause of death mentioned in the post-mortem report - According to the post-mortem report, the cause of death was 'asphyxia due to pressure around neck by hand and blunt substance' - Only on the basis of post-mortem report, the appellant could not have been convicted of the offence punishable under Section 302 of IPC and consequently for the offence punishable under Section 201

(32) VELLADURAI Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 14-09-2021
Penal Code, 1860 (IPC) - Section 306 - Tamil Nadu Prohibition of Harassment of Woman Act, 1998 - Section 4(b) - Abetment of Suicide - Harassment - Appeal against conviction and sentence - On the day of occurrence there was some quarrel between the deceased-wife and accused- husband - That thereafter both the deceased as well as the accused herein consumed pesticide - However, the accused survived, but his wife died due to consuming the pesticide - Offence under Section 306 IPC is concerned, in a

(33) ABDUL KHUDDUS Vs. H.M. CHANDIRAMANI (DEAD) THR LRS. AND OTHERS [SUPREME COURT OF INDIA] 14-09-2021
Karnataka Rent Control Act, 1961 - Section 5 - Karnataka Municipal Corporations Act, 1976 - Section 322 - Demolition of building - Damages - Finding of the High Court that the building was demolished without giving clear three days' notice is partly correct - Notice was served upon the plaintiff on 6.1.1995 and the building was demolished on 9.1.1995 - Thus, clear three days' notice was not served upon the plaintif - Plaintiff was however aware of the proceedings initiated by the Corporation on

(34) ARCELOR MITTAL NIPPON STEEL INDIA LIMITED Vs. ESSAR BULK TERMINAL LIMITED [SUPREME COURT OF INDIA] 14-09-2021
Arbitration and Conciliation Act, 1996 - Section 9(1) and 9(3) - Arbitration agreement - Whether the Court has the power to entertain an application under Section 9(1) of the Arbitration and Conciliation Act, 1996, once an Arbitral Tribunal has been constituted and if so, what is the true meaning and purport of the expression "entertain" in Section 9(3) of the Arbitration Act - Held, Section 9(1) enables the parties to an arbitration agreement to approach the appropriate Court for interim measur

(35) NATIONAL SPOT EXCHANGE LIMITED Vs. MR. ANIL KOHLI, RESOLUTION PROFESSIONAL FOR DUNAR FOODS LIMITED [SUPREME COURT OF INDIA] 14-09-2021
Insolvency and Bankruptcy Code, 2016 - Section 61(2) - Appeal under Section 61(2) of the IB Code - Limitation - As per Section 61(2) of the IB Code, the appeal was required to be preferred within a period of thirty days - Therefore, the limitation period prescribed to prefer an appeal was 30 days. However, as per the proviso to Section 61(2) of the Code, the Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of 30 days if it is satisfied that there was suffici

(36) SUBHRANSU SARKAR Vs. INDRANI SARKAR (NEE DAS) [SUPREME COURT OF INDIA] 14-09-2021
Constitution of India, 1950 - Article 142 - Divorce - Husband and wife have been living separately for more than 16 years - Marriage between the parties is emotionally dead and there is no point in persuading them to live together any more - Therefore, this is a fit case for exercise of jurisdiction under Article 142 of the Constitution of India - Marriage between the parties is dissolved.

(37) MD. ALFAZ ALI Vs. THE STATE OF ASSAM [SUPREME COURT OF INDIA] 14-09-2021
Penal Code, 1860 (IPC) - Section 302 - Murder of wife on suspicion of her infidelity - Sentence of imprisonment for life - Question of propriety of specifying rigorous imprisonment while imposing life sentence - Matter settled in Naib Singh v. State of Punjab & Ors., (1983) 2 SCC 454 held that the sentence of imprisonment for life has to be equated to rigorous imprisonment for life - Held, In view of the authoritative pronouncements of this Court on the issues that arise for consideration in the

(38) THE DIRECTOR OF TREASURIES IN KARNATAKA AND ANOTHER Vs. V. SOMYASHREE [SUPREME COURT OF INDIA] 13-09-2021
Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 - Rules 2, 3, 3(2)(ii) - Compassionate Appointment - Application of respondent for grant of compassionate appointment ground as a divorced daughter - At the time when the deceased employee died the marriage between the respondent and her husband was subsisting - Therefore, at the time when the deceased employee died she was a married daughter and therefore, also cannot be said to be 'dependent' as defined under Rule 2 of

(39) EBIX SINGAPORE PRIVATE LIMITED Vs. COMMITTEE OF CREDITORS OF EDUCOMP SOLUTIONS LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 13-09-2021
Insolvency and Bankruptcy Code, 2016 - Sections 31(1) and 60(5) - Submitted Resolution Plan - Modification or withdrawal of - Existing insolvency framework in India provides no scope for effecting further modifications or withdrawals of CoC-approved Resolution Plans, at the behest of the successful Resolution Applicant, once the plan has been submitted to the Adjudicating Authority.

(40) SIVASANKARAN Vs. SANTHIMEENAL [SUPREME COURT OF INDIA] 13-09-2021
Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Divorce on ground of cruelty - Repeated filing of cases against husband - Repeated filing of cases itself has been held in judicial pronouncements to amount to mental cruelty - Decree of divorce passed - Appeal allowed.

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