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Latest Cases

(41) SUDHA SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 23-04-2021
U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 - Section 3(1) - Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Sections 3 and 25 - Murder - Grant of Bail by the High Court to accused convicted - High court has overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection - It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by

(42) SANDEEP KHAITAN, RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LIMITED Vs. JSVM PLYWOOD INDUSTRIES LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2021
Insolvency and Bankruptcy Code, 2016 - Section 14(2A) - Supply of goods or services - Period of moratorium - Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratori

(43) RAHUL S SHAH Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
Civil Procedure Code, 1908 (CPC) - Order 11 Rule 14 - Delay in Execution of Decree - In cases, involving delivery of or any rights relating to the property, exercise power under Order XI Rule 14 by ordering production of documents upon oath, relating to declaration regarding existence of rights of any third party, interest in the suit property either created by them or in their knowledge - It will assist the court in deciding impleadment of third parties at an early stage of the suit so that any

(44) M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 22-04-2021
Arbitration and Conciliation Act, 1996 - Section 31(7) - Interest on delayed payment - Only difference between the situation contemplated in the provision and the facts of this case is that the agreement involved is not silent on interest entitlement of the appellants on delayed payment but the agreement contains provision for such payment - Appeal allowed.

(45) RAMESH BHAVAN RATHOD Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Bail - Grant of bail under Section 439 of the CrPC is a matter involving the exercise of judicial discretion - Judicial discretion in granting or refusing bail – as in the case of any other discretion which is vested in a court as a judicial institution – is not unstructured - Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of

(46) LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N. SHUKLA IAS (RETD.) Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Constitution of India, 1950 - Article 224A - Ad hoc Judges Appointment - Recourse to Article 224A is not an alternative to regular appointments.<

(47) PASL WIND SOLUTIONS PRIVATE LIMITED Vs. GE POWER CONVERSION INDIA PRIVATE LIMITED [SUPREME COURT OF INDIA] 20-04-2021
Arbitration and Conciliation Act, 1996 - Sections 2(1)(f), 10(1), 10(2) and 10(3) - Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 - Section 10 - Foreign award - International commercial arbitration - This Court already seen how "international commercial arbitration", when used in the proviso to section 2(2) of the Arbitration Act, does not refer to the definition contained in section 2(1)(f) but would have reference to arbitrations which take p

(48) M/S. PLR PROJECTS PRIVATE LIMITED Vs. MAHANADI COALFIELDS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Constitution of India, 1950 - Article 224A - Appointment of ad hoc Judges - High Courts are in a crisis situation - There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength - Time Line For Appointment of

(49) DEVENDRA KUMAR SAXENA Vs. CENTRAL BUREAU OF INVESTIGATION (CBI) AND OTHER [SUPREME COURT OF INDIA] 20-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of Case on Medical Ground - Darjeeling to New Delhi - Due to the medical condition of the petitioner, This Court entertained Transfer Petitions and ordered the issue of notice - After service of notice, the co-accused in the case which is the subject matter of the Transfer Petition, have filed a counter affidavit opposing the request for transfer - According to the learned counsel for the co-accused, they are also aged and that they a

(50) IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Draft Rules of Criminal Practice, 2021 - Deficiencies in course of criminal trials - High Courts adopt Draft Rules of Criminal Practice - The courts in all criminal trials should, at the beginning of the trial, i.e. after summoning of the accused, and framing of charges, hold a preliminary case management hearing - This hearing may take place immediately after the framing of the charge - In this hearing, the court should consider the total number of witnesses, and classify them as eyewitness, ma

(51) M/S RADHA KRISHAN INDUSTRIES Vs. STATE OF HIMACHAL PRADESH AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 20-04-2021
Himachal Pradesh Goods and Service Tax Act, 2017 - Sections 5(3), 83, 107 and 107(1) - Provisional attachment - Joint Commissioner while ordering a provisional attachment under section 83 was acting as a delegate of the Commissioner in pursuance of the delegation effected under Section 5(3) and an appeal against the order of provisional attachment was not available under Section 107(1).

(52) SURENDRA KUMAR AND ANOTHER Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 20-04-2021
Penal Code, 1860 (IPC) - Section 302 - Murder - Acquttal - Benefit of Doubt - Several missing components in the chain of circumstantial evidence and the High Court misdirected itself in finding support for conviction on such unclinching evidence - The innocence of the appellants is a distinct possibility in the present matter and when two views are possible the benefit must go to the accused.

(53) M.K. RANJITSINH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2021
Environment (Protection) Act, 1986 - Section 2(a) - Protection of two species of birds namely Great Indian Bustard 'GIB' and Lesser Florican - Existence of overhead power lines is stated to have become a hazard due to which the said species of birds on collision are getting killed - In all cases where the overhead powerlines exist as on today in the priority and potential GIB area the respondents shall take steps forthwith to install divertors pending consideration of the conversion of the overh

(54) RAMACHNADRAPURA MATH Vs. SRI SAMSTHANA MAHABALESHWARA DEVARU AND OTHERS [SUPREME COURT OF INDIA] 19-04-2021
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 - Section 23 - Gokarna Mahabaleshwara Temple Case - Appeal against Order of High Court which had quashed the government's order handing over management of Mahabaleshwar temple at Gokarna to Ramchandrapura Math - High Court while quashing the Government Order and holding that the temple shall continue to be included in the list of notified institutions as per Section 23 of Act, 1997; pending constitution of the Committee o

(55) IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881.[SUPREME COURT OF INDIA] 16-04-2021
Negotiable Instruments Act, 1881 (NI) - Section 138 - Criminal Procedure Code, 1973 (CrPC) - Section 258 - Cheque Bouncing Cases - Power to Stop Proceedings - Section 258 of the Code is not applicable to complaints under Section 138 of the Act.<

(56) BOOTA SINGH AND OTHERS Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 16-04-2021
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 15, 42 and 43 - Recovery of Poppy straw - Power of seizure and arrest in public place - Recovery was effected from accused while they were sitting on road in a jeep at a public place - High Court held that the case of accused would be covered by Section 43 of NDPS Act and not by Section 42 - Appeal against - Evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to

(57) ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED Vs. BISHAL JAISWAL AND ANOTHER [SUPREME COURT OF INDIA] 15-04-2021
Limitation Act, 1963 - Section 18 - Entries in balance sheets would amount to acknowledgement of debt for the purpose of extending limitation under Section 18 of the Limitation Act.

(58) VIIT PHARMACY COLLEGE AND ANOTHER Vs. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER [SUPREME COURT OF INDIA] 15-04-2021
Education Law - Affiliation for B. Pharma Course - Pharmacy Council of India has granted approval to both the petitioners, with intake capacity of 100 and 60 admissions/students respectively - State Government has granted conditional affiliation after considering the recommendations made by the Affiliation Committee - Averments made on affidavit by petitioners, are not controverted by the respondent-University - Respondent-university is therefore directed to grant affiliation to the petitioner c

(59) M/S NEEHARIKA INFRASTRUCTURE PRIVATE LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 13-04-2021
Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 (CrPC) - Sections 173 and 482 - Order of not to arrest and/or "no coercive steps" - Appeal against - High Court shall not pass order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the quashing petition under Section 482 Cr.P.C. and/or under Article 22

(60) STATE OF RAJASTHAN Vs. ASHOK KUMAR KASHYAP [SUPREME COURT OF INDIA] 13-04-2021
Prevention of Corruption Act, 1988 - Section 7 - Demand of bribe - Discharge - Mini trial - At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible - High Court has erred and/or exceeded in virtually holding a mini trial at the stage of discharge application - Order passed by the High Court discharging the accused under Section 7 of the PC Act is unsustainable in law