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Latest Cases

(41) 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

(42) 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

(43) 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

(44) 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

(45) 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

(46) 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

(47) 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.

(48) PATRICIA MUKHIM Vs. STATE OF MEGHALAYA AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 153A, 500 and 505(1)(c) - Facebook post on violence against non-tribal people - Quashing of FIR - Facebook post on violence against non-tribal people - Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases, unless such speech has the tendency to affect public order - A close scrutiny of the Facebook post would indicate that the agony of the Appellant was directed a

(49) SUMAN DEVI AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Uttar Pradesh Department of Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules, 1997 - Rule 5 - Uttarakhand Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules, 2016 - Rule 15 - Appointment to cadre of Family Health Worker/Auxiliary Nurse Midwives - Rule 5 of the old 1997 Rules, as amended, as well as in the 2016 Rules, there is no automatic recruitment; the post of Health Worker/ANM is to be fil

(50) ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS AND ANOTHER Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Construction of Road over Bridges - Felling of trees - As per the Report of the Expert Committee submitted, primarily, about 50 trees have already been felled and potentially another 306 trees are to be felled. As per the Report, many of the trees can be called 'historical trees', which have 'irreplaceable value' and compensatory afforestation cannot replace trees of this value. It is common ground that the trees cannot be transplanted at some other location - The Committee shall discuss and rec

(51) NARESH KUMAR Vs. KALAWATI AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Penal Code, 1860 (IPC) - Sections 34, 498A and 302 - Evidence Act, 1872 - Section 32 - Appeal against acquittal - Dying declaration - Deceased suffered 95% burn injuries - There is no evidence about the fitness of mind of the deceased to make the dying declaration including the presence of the Doctor, the veracity and truthfulness of the dying declaration remains suspect - It would not be safe to simply reject the probable defence of suicide, to reverse the acquittal and convict the respondents

(52) UNIVERSITY OF DELHI Vs. DELHI UNIVERSITY CONTRACT EMPLOYEES UNION AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Service Law - Regularization - Contractual employees cannot claim the relief of regularization - It is true that, as on the day when the judgment in "Secretary, State of Karnataka & Ors. vs. Umadevi & Ors., (2006) 4 SCC 1", was delivered, the contract employees had put in just about 3 to 4 years of service - But, as of now, most of them have completed more than 10 years of service on contract basis - Benefit of regularization cannot be granted, a window of opportunity must be given to them to co

(53) LT. COL. NITISHA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Permanent Commission for Women Officers (Army) - Evaluation Criteria - Structures of our society have been created by males and for males - As a result, certain structures that may seem to be the "norm" and may appear to be harmless, are a reflection of the insidious patriarchal system. At the time of Independence, our Constitution sought to achieve a transformation in our society by envisaging equal opportunity in public employment and gender equality - This Court continuously endeavored to ach

(54) NARESH KUMAR Vs. KALAWATI AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Penal Code, 1860 (IPC) - Sections 34, 498A and 302 - Evidence Act, 1872 - Section 32 - Appeal against acquittal - Dying declaration - Deceased suffered 95% burn injuries - There is no evidence about the fitness of mind of the deceased to make the dying declaration including the presence of the Doctor, the veracity and truthfulness of the dying declaration remains suspect - It would not be safe to simply reject the probable defence of suicide, to reverse the acquittal and convict the respondents

(55) UNIVERSITY OF DELHI Vs. DELHI UNIVERSITY CONTRACT EMPLOYEES UNION AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Service Law - Regularization - Contractual employees cannot claim the relief of regularization - It is true that, as on the day when the judgment in "Secretary, State of Karnataka & Ors. vs. Umadevi & Ors., (2006) 4 SCC 1", was delivered, the contract employees had put in just about 3 to 4 years of service - But, as of now, most of them have completed more than 10 years of service on contract basis - Benefit of regularization cannot be granted, a window of opportunity must be given to them to co

(56) LT. COL. NITISHA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Permanent Commission for Women Officers (Army) - Evaluation Criteria - Structures of our society have been created by males and for males - As a result, certain structures that may seem to be the "norm" and may appear to be harmless, are a reflection of the insidious patriarchal system. At the time of Independence, our Constitution sought to achieve a transformation in our society by envisaging equal opportunity in public employment and gender equality - This Court continuously endeavored to ach

(57) PATRICIA MUKHIM Vs. STATE OF MEGHALAYA AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 153A, 500 and 505(1)(c) - Facebook post on violence against non-tribal people - Quashing of FIR - Facebook post on violence against non-tribal people - Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases, unless such speech has the tendency to affect public order - A close scrutiny of the Facebook post would indicate that the agony of the Appellant was directed a

(58) SUMAN DEVI AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Uttar Pradesh Department of Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules, 1997 - Rule 5 - Uttarakhand Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules, 2016 - Rule 15 - Appointment to cadre of Family Health Worker/Auxiliary Nurse Midwives - Rule 5 of the old 1997 Rules, as amended, as well as in the 2016 Rules, there is no automatic recruitment; the post of Health Worker/ANM is to be fil

(59) ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS AND ANOTHER Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 25-03-2021
Construction of Road over Bridges - Felling of trees - As per the Report of the Expert Committee submitted, primarily, about 50 trees have already been felled and potentially another 306 trees are to be felled. As per the Report, many of the trees can be called 'historical trees', which have 'irreplaceable value' and compensatory afforestation cannot replace trees of this value. It is common ground that the trees cannot be transplanted at some other location - The Committee shall discuss and rec

(60) CHARAN SINGH Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 24-03-2021
Prevention of Corruption Act, 1988 - Section 13(1)(e) - Corrupt practice - Disproportionate assets - Enquiry at the Stage of Pre-Registration of FIR - Permissibility - An enquiry at pre-FIR stage is held to be permissible and not only permissible but desirable, more particularly in cases where the allegations are of misconduct of corrupt practice acquiring the assets/properties disproportionate to his known sources of income - After the enquiry/enquiry at pre-registration of FIR stage/preliminar