(21) PUNEET SHARMA AND OTHERS ETC Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND ANOTHER ETC. [SUPREME COURT OF INDIA] 07-04-2021 Service Law - Appointment to post of Junior Engineer/(Electrical) - Whether the minimum qualification of a diploma in electrical or electronic engineering or other prescribed qualifications includes a degree in that discipline and Whether degree holders are eligible for appointment to the post of Junior Engineer (Electrical) under the relevant recruitment rules - Held, 5% enabling those diploma holders who acquire degree qualifications during service as Junior Engineers; and 5% enabling among th
(22) GURDEV SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 06-04-2021 Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Possession of 1 kg heroin - Commercial quantity - Quantity of substance with which an accused is charged is a relevant factor, which can be taken into consideration while fixing quantum of the punishment.<
(23) YOGESH Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 06-04-2021 Penal Code, 1860 (IPC) - Sections 302, 364-A, 376, 216 read with Section 120-B - Kidnapping Rape and Murder - Dead body of the victim was found lying in an open field - Circumstancial evidence - Post-mortem report discloses that victim was sexually assaulted, the FSL Report on record does not establish any connection of accused with the sexual assault on the deceased victim - Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure sta
(24) SHANMUGAM Vs. STATE BY INSPECTOR OF POLICE, TAMIL NADU [SUPREME COURT OF INDIA] 06-04-2021 Penal Code, 1860 (IPC) - Sections 224, 302 and 511 - Murder of Police Constable and Attempt to Escape from Custody - Appeal against Conviction and Sentence - Accused was arrested for offences punishable under Sections 51 r/w 63, 52 A r/w 68-A and 65 of the Copyright Act, 1957 - He was brought to the Office of the Video Piracy Cell and was kept in custody in the same room as that of the where the Head Constable (deceased) - On 10.09.2005, the accused made an attempt to escape from the custody by
(25) DEPUTY COMMISSIONER OF INCOME TAX AND ANOTHER Vs. M/S. PEPSI FOODS LTD. (NOW PEPSICO INDIA HOLDINGS PVT. LTD.) [SUPREME COURT OF INDIA] 06-04-2021 Income Tax Act, 1961 - Section 254(2A) - Constitutional validity of third proviso to Section 254(2A) of the Income Tax Act, 1961 - Third proviso to Section 254(2A) of the Income Tax Act which did not permit the extension of a stay order beyond 365 days even if the assessee was not responsible for delay in hearing the appeal - Third proviso to Section 254(2A) of the Income Tax Act will now be read without the word "even" and the words "is not" after the words "delay in disposing of the appeal" -
(26) SANJIV PRAKASH Vs. SEEMA KUKREJA AND OTHERS [SUPREME COURT OF INDIA] 06-04-2021 Arbitration and Conciliation Act, 1996 - Section 11 - Appointment of arbitrator - Whether the Memorandum of Understanding (MoU) has been novated by the Shareholders Agreement (SHA) requires a detailed consideration of the clauses of the two Agreements, together with the surrounding circumstances in which these Agreements were entered into, and a full consideration of the law on the subject - None of this can be done given the limited jurisdiction of a court under Section 11 of the 1996 Act - As
(27) SHITAL FIBERS LIMITED Vs. INDIAN ACRYLICS LIMITED [SUPREME COURT OF INDIA] 06-04-2021 Companies Act, 1956 - Sections 433 and 434 - Company court while exercising its powers under sections 433 and 434 of the Companies Act would not be in a position to decide, as to who was at fault in not complying with the terms and conditions of the deed of settlement and the compromise deed.
(28) KIRAN DEVI Vs. THE BIHAR STATE SUNNI WAKF BOARD AND OTHERS [SUPREME COURT OF INDIA] 05-04-2021 Hindu Undivided Family - Presumption of tenancy - Mere payment of rent by great grandfather or by the grandfather of the plaintiff raises no presumption that it was a joint Hindu family business
(29) SONU Vs. SONU YADAV AND ANOTHER [SUPREME COURT OF INDIA] 05-04-2021 Penal Code, 1860 (IPC) - Sections 498-A and 304-B - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Dowry death - Rejection of bail - There are specific allegations in the First Information Report in regard to the demand of dowry, as well as in regard to a phone call being received from the accused in close proximity to the death of the sister of the appellant when a demand for additional amounts of money was made - Submission in support of bail recorded by the High Court was that the sister of
(30) M. SAMPAT Vs. THE STATE OF CHHATISGARH [SUPREME COURT OF INDIA] 05-04-2021 Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii)(C) - Reduction of sentence - Recovery of huge quantity (3332 kgs.) of 'Ganja' (cannabis) carried on truck - Appellant was helper of truck - He was only 22/23 years of age at the time of incident and first time offender - Nothing was recovered from his custody except for documents pertaining to vehicle, of which he was a helper (described as conductor) - It appropriate to reduce the sentence of imprisonment to the period alr
(31) JUDE LOBO Vs. STATE, NCT OF DELHI [SUPREME COURT OF INDIA] 29-03-2021 Penal Code, 1860 (IPC) - Sections 328, 376 and 506 - Rape - Anticipatory bail - First information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C. - Senior counsel for the petitioner referred WhatsApp chat between the petitioner and prosecutrix of December 2020 which has been brought on the record from page 47 to page 54 of the paper book - Petitioner has made out a prima facie case for grant of anticipatory bail - This Court direct that in event the petition
(32) LAXMI PAT SURANA Vs. UNION BANK OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 26-03-2021 Insolvency and Bankruptcy Code, 2016 - Section 7 - Insolvency Process - Payment of debt - Status of the guarantor, who is a corporate person, metamorphoses into corporate debtor, the moment principal borrower (regardless of not being a corporate person) commits default in payment of debt which had become due and payable - Thus, action under Section 7 of the Code could be legitimately invoked even against a (corporate) guarantor being a corporate debtor - Definition of "corporate guarantor" in Se
(33) INDUS BIOTECH PRIVATE LIMITED Vs. KOTAK INDIA VENTURE (OFFSHORE) FUND (EARLIER KNOWN AS KOTAK INDIA VENTURE LIMITED) AND OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Insolvency and Bankruptcy Code, 2016 - Section 7 - Arbitration and Conciliation Act, 1996 - Section 8 - Insolvency Process - Reference to arbitration - Where the petition under Section 7 of IB Code is yet to be admitted and, in such proceedings, if an application under Section 8 of the Act, 1996 is filed, the Adjudicating Authority is duty bound to first decide the application under Section 7 of the IB Code by recording a satisfaction with regard to there being default or not, even if the applic
(34) RAJENDRA @ RAJAPPA AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 26-03-2021 Penal Code, 1860 (IPC) - Sections 302 and 149 - Murder - Common object - If the depositions of witnesses are considered along with the documentary evidence on record and medical evidence, it is crystal clear that their evidence is natural, trustworthy and acceptable - Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses - It is clear that the assault was intentional which resulted in the death of the deceased and all
(35) STATE OF UTTAR PRADESH Vs. JAIL SUPERINTENDENT (ROPAR) AND OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Criminal Procedure Code, 1973 (CrPC) - Sections 406 and 406(2) - Transfer of Case from another state - State Government can be said to be a party interested within the meaning of Section 406(2) of the Code of Criminal Procedure, 1973 - The words such as "aggrieved party", "party to the proceedings" and "party interested" are used in various Statutes. If the words used are to the effect "party to the proceedings" or "party to a case", it can be given a restricted meaning - In such cases, the inte
(36) JAGMOHAN SINGH DHILLON ETC.ETC. Vs. SATWANT SINGH AND OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in the Punjab Civil Service) (Executive Branch) Rules, 1972 - Rule 4 - Punjab Recruitment of Ex-servicemen Rules, 1982 - Rule 9(3) - Appointment to Punjab Civil Service - Reservation of Vacancies - Seniority - Rule 9(3) does not extend any benefit to the appellant since there is nothing to show that any right of weightage for army services for seniority has already accrued before he joined services - Appellant was not entitled t
(37) ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER Vs. UNION OF INDIA OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Companies Act, 2013 - Sections 129(1), 133 and 137 - Stay on release of fresh electoral bonds - Financial statements of companies registered under the Companies Act, 2013 which are filed with the Registrar of Companies, are accessible online on the website of the Ministry of Corporate Affairs for anyone - They can also be obtained in physical form from the Registrar of Companies upon payment of prescribed fee - Since the Scheme mandates political parties to file audited statement of accounts and
(38) SURESH KUMAR Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Punjab Police Rules, 1934 - Rule 13.14(2) - Promotion to post of Inspector - Eligibility criteria - Rule 13.14(2) of the Punjab Police Rules, 1934 prescribes the eligibility criteria for consideration for promotion to the post of Inspector - Requirement of eight years experience for promotion to the post of Inspector is neither arbitrary nor discriminatory.
(39) RAPID METRORAIL GURGAON LIMITED ETC. Vs. HARYANA MASS RAPID TRANSPORT CORPORATION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Constitution of India, 1950 - Article 136 - Rapid Metro case - Termination of Concession Agreement - Haryana Shehri Vikas Pradhikaran (HSVP) issued a Request for Qualification and Request for Proposal for developing a metro rail link from Delhi Metro Sikanderpur Station on MG Road to NH-8 - A Consortium Agreement was entered into between IL&FS Rail Limited, IL&FS Transportation Networks Limited and DLF Metro Limited in which IRL was identified as the lead member of the consortium - HSVP accepte
(40) TATA CONSULTANCY SERVICES LIMITED Vs. CYRUS INVESTMENTS PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 26-03-2021 Companies Act, 2013 - Sections 241 and 242 - Removal of Chairman/Director - Order of reinstatement by Tribunal - Power of - Sections 241 and 242 of the Companies Act, 2013 do not specifically confer the power of reinstatement - Architecture of Sections 241 and 242 does not permit the Tribunal to read into the Sections, a power to make an order (for reinstatement) which is barred by law vide Section 14 of the Specific Relief Act, 1963 with or without the amendment in 2018. Tribunal cannot make an