(21) M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER Vs. K.P. DWIVEDI [SUPREME COURT OF INDIA] 03-12-2021 Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Section 19 - High Court's power of revision - Revision Application to the High Court shall be maintainable only against the award passed by the learned Arbitral Tribunal - Rejecting the reference petition as not maintainable.
(22) ARCE POLYMERS PRIVATE LIMITED Vs. M/S. ALPHINE PHARMACEUTICALS PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 03-12-2021 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(2), 13(3A) and 13(4) - An intentional relinquishment is not to be inferred by mere failure to take action, but the present case is of repeated positive acts post the notices under Sections 13(2) and (4) of the SARFAESI Act - Not only did the Borrower not question or object to the action of the Bank, but it by express and deliberate conduct had asked the Bank to compromise its positi
(23) ASHIM @ ASIM KUMAR HARANATH BHATTACHARYA @ ASIM HARINATH BHATTACHARYA @ ASEEM KUMAR BHATTACHARYA Vs. NATIONAL INVESTIGATION AGENCY [SUPREME COURT OF INDIA] 01-12-2021 Penal Code, 1860 (IPC) - Sections 120B, 121, 121A and 122 - Arms Act 1959 - Section 25(1A) - Explosive Substances Act, 1908 - Section 5 - Unlawful Activities (Prevention) Act, 1967 - Sections 18, 20 and 40(1)(b)(c) - National Investigation Agency Act, 2008 - Sections 13, 14 and 19 - Grant of postÂarrest bail
(24) TAIJUDDIN Vs. STATE OF ASSAM AND OTHERS [SUPREME COURT OF INDIA] 01-12-2021 Penal Code, 1860 (IPC) - Sections 147, 148, 149, 201 and 302 - Unlawful assembly - Acquittal - Role assigned to appellant was only of having pointed out the house where the victim was hiding - Mere fact that the appellant was not brave enough to conceal where the victim was hiding did not make him a part of the unlawful assembly - Appellant is entitled to a clean acquittal in the given facts - Appeal allowed.
(25) NEHA TYAGI Vs. LIEUTENANT COLONEL DEEPAK TYAGI [SUPREME COURT OF INDIA] 01-12-2021 Constitution of India, 1950 - Article 142 - Hindu Marriage Act, 1955 - Section 13(1)(ia) - Dissolution of marriage on ground of cruelty - Wife and the husband are not staying together since May, 2011 and therefore it can be said that there is irretrievable breakdown of marriage between them - It is also reported that the husband has already re-married
(26) COMMITTEE OF CREDITORS OF AMTEK AUTO LIMITED THROUGH CORPORATION BANK Vs. DINKAR T. VENKATSUBRAMANIAN AND OTHERS [SUPREME COURT OF INDIA] 01-12-2021 Insolvency and Bankruptcy Code, 2016 - Section 12 - Time-limit for completion of insolvency resolution process - As per Section 12 of the IBC, subject to sub-section (2), the corporate insolvency resolution process shall be completed within a period of 180 days from the date of admission of the application to initiate such process, which can be extended by a further period of 180 days. As per proviso to Section 12 of the IBC, which has been inserted by Act 26 of 2019, the insolvency resolution p
(27) PHOOL SINGH Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 01-12-2021 Penal Code, 1860 (IPC) - Section 376 - Rape - Conviction and sentence - Appeal against - A conviction on the sole testimony of the victim/prosecutrix when the deposition of the prosecutrix is found to be trustworthy, unblemished, credible and her evidence is of sterling quality - Sole testimony of prosecutrix should not be doubted by court merely on basis of assumptions and surmises
(28) DR. G. SADASIVAN NAIR Vs. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, AND OTHERS [SUPREME COURT OF INDIA] 01-12-2021 Kerala Service Rules, Part III - Rule 25(a) - Service Law - Determination of pension - Pension payable to an employee on retirement shall be determined on the rules existing at the time of retirement - However, the law does not allow the employer to apply the rules differently in relation to persons who are similarly situated - If the respondent University sought to deny the benefit of Rule 25 (a), in light of the proviso which was subsequently inserted thereby limiting the benefit of the Rule,
(29) VINOD KUMAR Vs. AMRITPAL @ CHHOTU AND OTHERS [SUPREME COURT OF INDIA] 30-11-2021 Penal Code, 1860 (IPC) - Section 302 and 149 - Murder - Injuries on vital parts - From the evidence of doctor, it can be gathered that the injuries on the vital parts like right lung and liver which resulted into bleeding and shock were sufficient to cause the death in the ordinary cause of nature
(30) BOMBAY HOSPITAL & MEDICAL RESEARCH CENTRE Vs. ASHA JAISWAL AND OTHERS [SUPREME COURT OF INDIA] 30-11-2021 A. Medical negligence - No fault can be attached to the Hospital if the operation theatres were occupied when the patient was taken for surgery. Operation theatres cannot be presumed to be available at all times - Therefore, non-availability of an emergency operation theatre during the period when surgeries were being performed on other patients is not a valid ground to hold the Hospital negligent in any manner.
(31) HASMAT ALI Vs. AMINA BIBI AND OTHERS [SUPREME COURT OF INDIA] 29-11-2021 Civil Procedure Code, 1908 (CPC)- Section 100 - Dismissal of second appeal without assigning any reasons for conclusion - Court must display its conscious application of mind even while dismissing the appeal at the admission stage - Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted - High Court cannot dismiss the second appeal
(32) THE VICE CHAIRMAN & MANAGING DIRECTOR, CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED AND ANOTHER Vs. SHISHIR REALTY PRIVATE LIMITED AND ANOTHER ETC [SUPREME COURT OF INDIA] 29-11-2021 Government contracts - Understanding of public interest - When a contract is being evaluated, the mere possibility of more money in the public coffers, does not in itself serve public interest
(33) PRADEEP S. WODEYAR Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 29-11-2021 Criminal Procedure Code, 1973 - Sections 209 and 465 - Penal Code, 1860 (IPC) - Sections 409 and 420 read with Section 120B - Mines and Mineral (Development and Regulation) Act 1957 - Sections 21 and 23 read with Sections 4(1) and 4(1)(A) - Karnataka Forest Rules, 1969 - Rule 165 read with Rule 144 - Unauthorized mining - Quashing of criminal proceedings
(34) IN RE: T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-11-2021 Forest (Conservation) Act, 1980 - Section 2 - Felling of trees for Delhi Mass Rapid Transit System-Phase-IV project
(35) CHETNA RATHEE Vs. CHAHIT KUNDU AND ANOTHER [SUPREME COURT OF INDIA] 29-11-2021 Transfer Petition - Permission to withdraw - Transfer Petition is dismissed as withdrawn.
(36) M/S. SAI BABA SALES PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-11-2021 National Green Tribunal Act, 2010 - Section 22 - Further construction - Environmental Clearance - Project of the appellant comprises six buildings of which three were constructed in full, and the super structure of the fourth building is completed and only the internal works remains to be done
(37) UNION OF INDIA AND OTHERS Vs. RAM BAHADUR YADAV [SUPREME COURT OF INDIA] 26-11-2021 Service Law - Back-wages - In the case of wrongful termination of service, reinstatement with continuity of service and back
(38) SURINDER SINGH Vs. STATE (UNION TERRITORY OF CHANDIGARH) [SUPREME COURT OF INDIA] 26-11-2021 A. Penal Code, 1860 (IPC) - Section 307 - Arms Act, 1959 - Section 27 - Attempt to murder - Using arms - Appellant-accused was admittedly a police official
(39) MOFIL KHAN AND ANOTHER Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 26-11-2021 Penal Code, 1860 (IPC) - Sections 302 and 449 read with Section 34 - Murder of five persons - Death sentence - Review Petition - Possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death
(40) ELECTROSTEEL CASTINGS LIMITED Vs. UV ASSET RECONSTRUCTION COMPANY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 26-11-2021 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Section 34 - Civil suit is attracted allegations of 'fraud' are made without any particulars - Suit was not maintainable in view of the bar contained under Section 34 of the SARFAESI Act