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(61) GUMANSINH @ LALO @ RAJU BHIKHABHAI CHAUHAN AND ANOTHER Vs. THE STATE OF GUJARAT [SUPREME COURT OF INDIA] 03-09-2021
Penal Code, 1860 (IPC) - Section 306, 498A read with Section 114 - Evidence Act, 1872 - Section 113-A - Husband (Appellant No.1) subjected wife (deceased) to physical and mental cruelty which lead her to commit suicide by consuming poison within a short span of eight months of marriage - Section 113-A of the Evidence Act, provides for presumption as to abetment of suicide by a married woman within seven years of marriage, by her husband or any of his relative - It becomes clear that to attract t

(62) SOMESH THAPLIYAL AND ANOTHER ETC. Vs. VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY AND ANOTHER [SUPREME COURT OF INDIA] 03-09-2021
Uttar Pradesh State Universities Act, 1973 - Section 4(1) - Central Universities Act, 2009 - Section 4(d) - Service Law - Terms and conditions of employment - Challenge - Submissions of the learned counsel for the University that the teachers have accepted the terms and conditions contained in the letter of appointment deserves rejection for the reason that it is not open for a person appointed in public employment to ordinary choose the terms and conditions of which he is required to serve - It

(63) THE STATE OF KERALA AND OTHERS Vs. M/S JOSEPH AND COMPANY [SUPREME COURT OF INDIA] 03-09-2021
Transfer of Property Act, 1882 - Sections 111(g) and 112 - Determination of lease - Waiver of forfeiture - Leased land is the property which belong to the government and the leasehold right has been auctioned so as to earn revenue for the state, which is to the interest of its citizens and one citizen or a group is permitted to exploit the land to the exclusion of all others - Additionally, such government property is located in an area notified as reserve forest - In such circumstance, when the

(64) J. CHITRA Vs. DISTRICT COLLECTOR AND CHAIRMAN STATE LEVEL VIGILANCE COMMITTEE, TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 02-09-2021
Service Law - Community Certificate - Valluvan community - Reopening of inquiry - Genuineness of the community certificate - Inquiry - Inquiry was conducted by the District Level Vigilance Committee which has upheld the community certificate in favour of the Appellant - The recognition of the community certificate issued in favour of the Appellant and become final, the State Level Scrutiny Committee did not have jurisdiction to reopen the matter and remand for fresh consideration by the District

(65) BALASUBRAMANIAN AND ANOTHER Vs. M. AROCKIASAMY (DEAD) THROUGH LRS. [SUPREME COURT OF INDIA] 02-09-2021
Civil Procedure Code, 1908 (CPC) - Section 100 - Second Appeal - ReĀ­appreciation of evidence - Merely because the High Court refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been reappreciated.

(66) P. ISHWARI BAI Vs. ANJANI BAI AND ANOTHERS [SUPREME COURT OF INDIA] 01-09-2021
Civil Procedure Code, 1908 (CPC) - Order 41 Rules 4 and 27 - Suit for declaration of title and for recovery of possession - One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all - Plot is not forming part of plot in new Survey No.134 corresponding to old Survey No. 107 as pleaded by the Plaintiffs - Main contention of the learned Senior Counsel for the Plaintiff is that the application filed under Order XLI Rule 27 (Production of add

(67) DEBABRATA SAHA Vs. SERAMPORE MUNICIPALITY AND OTHERS [SUPREME COURT OF INDIA] 01-09-2021
West Bengal Municipal Act, 1996 - Sections 217 and 218 - Demolition of illegal construction - Sanction of building plan was cancel by municipal authorities - There is no error committed by the High Court in holding that the order by which action was directed to be initiated under Section 218 of the Act for demolition of the structure does not survive as the basis of the said order was the order passed by the Municipality.

(68) SAU. SANGEETA W/O SUNIL SHINDE Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 01-09-2021
Uttar Pradesh Kshettra Panchayat and Zila Panchayats Act, 1961 - Section 28 - Motion of no-confidence in Adhyaksha - Provisions of Section 28 which ensured that an elected representative can only stay in power so long as such person enjoys the support of the majority of the elected members of the Zila Panchayat - As soon as such a person loses the confidence of the majority, he becomes unwanted - In a democratic set up, the will of the majority has to prevail.

(69) SANJAY RAMDAS PATIL Vs. SANJAY AND OTHERS [SUPREME COURT OF INDIA] 01-09-2021
Constitution of India, 1950 - Article 243T - Maharashtra Municipal Corporations Act, 1949 - Sections 19 and 19(1A) - Maharashtra Municipal Corporations (Reservation of Offices of Mayors) Rules, 2006 - Rules 3 and 3(2) - Scheduled Caste Reservation for post of Mayor in Municipal Corporation - High Court held that Office of Mayor of the Dhule Municipal Corporation was reserved for Backward Class, reserving the same again for Backward Class coupled with the fact that there has been no reservation f

(70) SALIMBHAI HAMIDBHAI MENON Vs. NITESHKUMAR MAGANBHAI PATEL AND ANOTHER [SUPREME COURT OF INDIA] 31-08-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 405, 420, 465, 467, 468 and 471 - Fabrication of a deed of dissolution of partnership - Petition under Section 482 for quashing of FIR was pending - Oral Directions - Restraining of arrest - Text of the order of High Court did not contain any direction restraining the arrest - Oral observations in court are in the course of a judicial discourse - Text of a written order is what is binding and enforceable - Iss

(71) SUPERTECH LIMITED Vs. EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION AND OTHERS [SUPREME COURT OF INDIA] 31-08-2021
Uttar Pradesh Urban Development Act, 1973 - Section 49 - Uttar Pradesh Industrial Area Development Act, 1976 - Section 12 - Uttar Pradesh Ownership of Flats Act, 1975 - Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 - Demolition - Illegal Construction - Violation of building norms - Sanction of prosecution - Reimbursement to flat owners - Illegal construction of Apex and Ceyane (Tower-16 and Tower-17 of Supertech) has been achieved through acts of collusi

(72) SAMAUL SK. Vs. THE STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 31-08-2021
Criminal Procedure Code, 1973 (CrPC) - Section 357 - Penal Code, 1860 (IPC) - Section 498A - Mental and physical torture and demands of dowry - Reduction of sentence - Compensation to wife and children - If the appellant is showing remorse and is willing to make arrangements for second wife and his two children born out of the wedlock - This Court not like to come in the way of such an arrangement, which should be beneficial to wife and her children - Object of any criminal jurisprudence is refo

(73) UNION OF INDIA AND OTHERS Vs. MANOJ KUMAR AND OTHERS [SUPREME COURT OF INDIA] 31-08-2021
Sixth Central Pay Commission - Clauses 3.1.2, 3.1.3 and 3.1.14 - Railway Service - Pay-scales - Disparity between Secretariat and field offices - Recommendations for non-Secretariat Organizations - Principle of equal pay for equal work cannot be applied merely on basis of designation - Basic nature of work of a Stenographer remained by and large the same whether they were working for an officer in the Secretariat or for an officer in a subordinate office - Courts ought not to interfere if the Co

(74) SANDEEP Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 27-08-2021
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Arms Act, 1959 - Section 25 - Murder by Gunshot - Fired fatal shot from roof of house - Evidence - Appeal against conviction and sentence - Statements of eyewitnesses are quite cogent and consistent with the earliest version recorded in the form of First Information Report - Trajectory of entry of bullet as found in Medical Report is also quite consistent with the version that deceased was shot from a height i.e. the roof of the house -

(75) UNION OF INDIA AND ANOTHER Vs. S. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 27-08-2021
Andhra Pradesh Land Grabbing (Prohibition) Act,1982 - Section 8 and 8(6) - Evidence Act, 1872 - Sections 74 and 114 - Registration Act, 1908 - 17(2)(vii) - Land grabbing - Title over land in question - Appellants claim to be in possession over the land measuring 1500 acres and 24 guntas from the year 1958 - Although, the appellants have lost claim in respect of land measuring 4971.5 sq. yards which is falling as part of 2 acres and 20 guntas of land, but that would not lead to losing of the titl

(76) COMMISSIONER OF POLICE Vs. RAJ KUMAR [SUPREME COURT OF INDIA] 25-08-2021
Public Service - Judicial Review - Courts exercising judicial review cannot second guess the suitability of a candidate for any public office or post - Absent evidence of malice or mindlessness (to the materials), or illegality by the public employer, an intense scrutiny on why a candidate is excluded as unsuitable renders the courts' decision suspect to the charge of trespass into executive power of determining suitability of an individual for appointment - Public service - like any other, pre-

(77) HARJIT SINGH Vs. INDERPREET SINGH @ INDER AND ANOTHER [SUPREME COURT OF INDIA] 25-08-2021
Penal Code, 1860 (IPC) - Sections 302, 120-B, 34, 201 - Arms Act, 1959 - Section 25 - Murder - Bail - Cancellation of - Habitual offender - Hatching conspiracy from the jail - Accused has been involved in four cases and has been convicted and even while on bail during the pendency of the appeal against the conviction, again he indulged into similar activities and committed the offence - On number of occasions, accused has tried to kill the complainant and his family - High Court cancelled the ba

(78) THE EMPLOYEES PROVIDENT FUND ORGANISATION AND ETC. Vs. SUNIL KUMAR B AND ETC. [SUPREME COURT OF INDIA] 24-08-2021
Employee's Pension (Amendment) Scheme, 2014 - EPF Pension - Principal questions arise for consideration are whether there would be a cut-off date under paragraph 11(3) of the Employees Pension Scheme and whether the decision in R.C. Gupta & Ors. Etc. etc. vs. Regional Provident Fund Commissioner Employees Provident Fund Organization & Ors. Etc., (2018) 4 SCC 809 would be the governing principle on the basis of which all these matters must be disposed of - Registry is directed to place these matt

(79) SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION Vs. POWER MECH PROJECTS LIMITED [SUPREME COURT OF INDIA] 24-08-2021
Arbitration and Conciliation Act, 1996 - Section 37 - Reserve Bank of India Act, 1934 - Bank Guarantee - Appeal against order of High Court refusing to accept a legally valid irrevocable Bank Guarantee of Rs. 30 Crores, issued by the Industrial and Commercial Bank of China Limited, Mumbai, hereinafter referred to as 'ICBC' which is a Scheduled Bank included in the Second Schedule of the Reserve Bank of India Act, 1934, and insisting that the Appellant should furnish a fresh Bank Guarantee of the

(80) PICHRA WARG KALYAN MAHASABHA HARYANA (REGD.) AND ANOTHER Vs. THE STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 24-08-2021
Constitution of India, 1950 - Articles 32, 14, 15 and 16 - Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016 - Section 5(2) - Fresh survey and verification of data for identification and specification of 'creamy layer' - Economic criterion cannot be the sole criterion for identifying 'creamy layer' - In spite of Section 5(2) of the 2016 Act making it mandatory for identification and exclusion of 'creamy layer' to be on the basis of social, eco

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