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Latest Cases

(61) THE STATE OF RAJASTHAN AND OTHERS Vs. LOVE KUSH MEENA [SUPREME COURT OF INDIA] 24-03-2021
Service Law - Appointment of Constable in Police service - Candidate acquitted in case charged under Sections 302,323,341/34 of the Indian Penal Code - Seeking opportunity to join as a constable in the Rajasthan Police service - Where in respect of a heinous or serious nature of crime the acquittal is based on a benefit of reasonable doubt, that cannot make the candidate eligible.

(62) JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION AND OTHERS Vs. NBCC (INDIA) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-03-2021
Insolvency and Bankruptcy Code, 2016 - Sections 30(2), 31 and 61 - Adjudicating Authority cannot interfere on merits with the commercial decision taken by the Committee of Creditors - Limited jurisdiction in matter of approval of resolution plan - Jurisdiction of the Appellate Authority is also circumscribed by the limited grounds of appeal provided in Section 61 of the Code - In the adjudicatory process concerning a resolution plan under IBC, there is no scope for interference with the commerci

(63) JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION AND OTHERS Vs. NBCC (INDIA) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 24-03-2021
Insolvency and Bankruptcy Code, 2016 - Sections 30(2), 31 and 61 - Adjudicating Authority cannot interfere on merits with the commercial decision taken by the Committee of Creditors - Limited jurisdiction in matter of approval of resolution plan - Jurisdiction of the Appellate Authority is also circumscribed by the limited grounds of appeal provided in Section 61 of the Code - In the adjudicatory process concerning a resolution plan under IBC, there is no scope for interference with the commerci

(64) 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

(65) THE STATE OF RAJASTHAN AND OTHERS Vs. LOVE KUSH MEENA [SUPREME COURT OF INDIA] 24-03-2021
Service Law - Appointment of Constable in Police service - Candidate acquitted in case charged under Sections 302,323,341/34 of the Indian Penal Code - Seeking opportunity to join as a constable in the Rajasthan Police service - Where in respect of a heinous or serious nature of crime the acquittal is based on a benefit of reasonable doubt, that cannot make the candidate eligible.

(66) SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-03-2021
Loan moratorium case - Waiver of compound interest (Interest on interest) - There is no rational to restrict such relief with respect to loans up to Rs. 2 crores only - There is no justification shown to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to the categories - What are the basis to restrict it to Rs. 2 crores are not forthcoming - Therefore, as such, there is no rational to restrict such relief with res

(67) CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION AND DAIRY FEDERATION CENTRALIZED SERVICES Vs. JAGPAL SINGH [SUPREME COURT OF INDIA] 23-03-2021
Uttar Pradesh Co-operative Societies Employees Service Regulations, 1975 - Regulation 87 - Uttar Pradesh Co-operative Dairy Federation and Milk Union Centralised Service Rules, 1984 - Rule 15 - Manipulation in weight measurement - Suspension - Order of punishment was passed after the prior approval of the Commissioner (Dairy Milk) - Administrative Committee has resolved that the approval of the Dairy Milk Commissioner/Registrar would be mandatory, but such Resolution has to be read in the contex

(68) NETAJI ACHYUT SHINDE (PATIL) AND ANOTHER Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 23-03-2021
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Common intention - Reversing of acquittal order - Appeal against - If any minor inconsistencies are found with respect to details of the accused, they are inconsequential, having regard to the fact that the overall weight of evidence clearly points to the role of the accused as those who attacked the deceased - Consistent testimony of all the eyewitnesses was clearly that the appellants were part of the attack; they played an a

(69) U.P. AWAS EVAM VIKASH PARISHAD Vs. ASHA RAM (D) THR. LRS AND OTHERS [SUPREME COURT OF INDIA] 23-03-2021
Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 - Sections 28 and 32 - Land Acquisition Act, 1894 - Sections 4 and 6 - Compensation - Enhancement of - Determination of Market Value - Special Land Acquisition Officer announced an award on 27.02.1989 awarding compensation of Rs. 50/- per square yard - After Determining the Market Value by reference court enhanced to 120/- per yard - Appeal against by the Respondent - High Court enhanced the compensation to 297/- per yard - The compensation

(70) SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-03-2021
Loan moratorium case - Waiver of compound interest (Interest on interest) - There is no rational to restrict such relief with respect to loans up to Rs. 2 crores only - There is no justification shown to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to the categories - What are the basis to restrict it to Rs. 2 crores are not forthcoming - Therefore, as such, there is no rational to restrict such relief with res

(71) CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION AND DAIRY FEDERATION CENTRALIZED SERVICES Vs. JAGPAL SINGH [SUPREME COURT OF INDIA] 23-03-2021
Uttar Pradesh Co-operative Societies Employees Service Regulations, 1975 - Regulation 87 - Uttar Pradesh Co-operative Dairy Federation and Milk Union Centralised Service Rules, 1984 - Rule 15 - Manipulation in weight measurement - Suspension - Order of punishment was passed after the prior approval of the Commissioner (Dairy Milk) - Administrative Committee has resolved that the approval of the Dairy Milk Commissioner/Registrar would be mandatory, but such Resolution has to be read in the contex

(72) NETAJI ACHYUT SHINDE (PATIL) AND ANOTHER Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 23-03-2021
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Common intention - Reversing of acquittal order - Appeal against - If any minor inconsistencies are found with respect to details of the accused, they are inconsequential, having regard to the fact that the overall weight of evidence clearly points to the role of the accused as those who attacked the deceased - Consistent testimony of all the eyewitnesses was clearly that the appellants were part of the attack; they played an a

(73) U.P. AWAS EVAM VIKASH PARISHAD Vs. ASHA RAM (D) THR. LRS AND OTHERS [SUPREME COURT OF INDIA] 23-03-2021
Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 - Sections 28 and 32 - Land Acquisition Act, 1894 - Sections 4 and 6 - Compensation - Enhancement of - Determination of Market Value - Special Land Acquisition Officer announced an award on 27.02.1989 awarding compensation of Rs. 50/- per square yard - After Determining the Market Value by reference court enhanced to 120/- per yard - Appeal against by the Respondent - High Court enhanced the compensation to 297/- per yard - The compensation

(74) RAMESH ALIAS DAPINDER SINGH Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 22-03-2021
Penal Code, 1860 (IPC) - Sections 302, 323, 324 and 34 - Murder - Common intention - Attribution to principal accused - Ocular testimony in support of the prosecution is only by way of the testimony of PW1 - That witness did not attribute any specific overt act to the appellant insofar assault on the deceased was concerned; nor was the appellant stated to be armed with any weapon - It was not even the case that the appellant had exhorted or had facilitated, in any manner, the assault on the dece

(75) NARBADA DEVI AND OTHERS Vs. H.P. STATE FOREST CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2021
Workmen's Compensation Act, 1923 - Janta Personal Accident Insurance Policy - Non-accidental death on duty - Compensation - Terms of Insurance Policy - As per the Insurance Policy, only accidental death of the insured shall be indemnified - Post Mortem Report clearly indicates that there were no injuries found on the body of the deceased - Probable cause of death as per the final opinion in the Post Mortem Report is asphyxiation caused by alcohol consumption and regurgitation of food into larynx

(76) SESH NATH SINGH AND ANOTHER Vs. BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2021
Limitation Act, 1963 - Section 14 - Insolvency and Bankruptcy Code, 2016 - Section 7 - An application under Section 7 of the IBC - Exclusion of time - Section 14 of the Limitation Act, 1963 applies to an application under Section 7 of the IBC - Applicant entitled to the benefit of Section 14 of the Limitation Act, 1963 in respect of proceedings under the SARFAESI Act - If, in the context of proceedings under Section 7 or 9 of the IBC, Section 14 were to be interpreted with rigid and pedantic adh

(77) RAMESH ALIAS DAPINDER SINGH Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 22-03-2021
Penal Code, 1860 (IPC) - Sections 302, 323, 324 and 34 - Murder - Common intention - Attribution to principal accused - Ocular testimony in support of the prosecution is only by way of the testimony of PW1 - That witness did not attribute any specific overt act to the appellant insofar assault on the deceased was concerned; nor was the appellant stated to be armed with any weapon - It was not even the case that the appellant had exhorted or had facilitated, in any manner, the assault on the dece

(78) NARBADA DEVI AND OTHERS Vs. H.P. STATE FOREST CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2021
Workmen's Compensation Act, 1923 - Janta Personal Accident Insurance Policy - Non-accidental death on duty - Compensation - Terms of Insurance Policy - As per the Insurance Policy, only accidental death of the insured shall be indemnified - Post Mortem Report clearly indicates that there were no injuries found on the body of the deceased - Probable cause of death as per the final opinion in the Post Mortem Report is asphyxiation caused by alcohol consumption and regurgitation of food into larynx

(79) SESH NATH SINGH AND ANOTHER Vs. BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2021
Limitation Act, 1963 - Section 14 - Insolvency and Bankruptcy Code, 2016 - Section 7 - An application under Section 7 of the IBC - Exclusion of time - Section 14 of the Limitation Act, 1963 applies to an application under Section 7 of the IBC - Applicant entitled to the benefit of Section 14 of the Limitation Act, 1963 in respect of proceedings under the SARFAESI Act - If, in the context of proceedings under Section 7 or 9 of the IBC, Section 14 were to be interpreted with rigid and pedantic adh

(80) K. PRAKASH AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 19-03-2021
Penal Code, 1860 (IPC) - Sections 344 and 366 - Kidnapping - Reduction in sentence - Appellants only helping for Kidnapping - Main accusation was against accused no.1, who is convicted for offences punishable under Sections 344, 366, IPC and Section 6 of POCSO Act and sentenced to undergo imprisonment for a period of 10 years - Even in the complaint, it was mentioned that accused no.1 was in love with the victim girl - Complainant was not a direct witness to the incident that appellants kidnap v