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Latest Cases

(61) GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY Vs. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR AND OTHERS [SUPREME COURT OF INDIA] 13-04-2021
Insolvency and Bankruptcy Code, 2016 - Sections 31 and 31(1) - Resolution Plan - Approval by Adjudicating Authority - Once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders - On the date

(62) M/S. INOX RENEWABLES LIMITED Vs. JAYESH ELECTRICALS LIMITED [SUPREME COURT OF INDIA] 13-04-2021
Arbitration and Conciliation Act, 1996 - Sections 20(1) and 34 - Arbitral proceedings - Change of Place by mutual agreement - Changed place becomes 'Seat of Arbitration'.

(63) M/S ENVITECH MARINE CONSULTANTS PRIVATE LIMITED AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 12-04-2021
Stay of Dismantling of INS Viraat - Appeal was for conversion into a maritime museum - Petitioners cannot do anything with the warship, without the NOC from Ministry of Defence - Respondent claims to have started the dismantling/recycling work three months ago and according to the certificate issued by the Marine Surveyors, about 35 to 40% work of dismantling had already been completed - Certificate of the surveyors shows that the vessel got severe hull damage in many areas, during embarkation o

(64) IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. PEARL BEVERAGES LIMITED [SUPREME COURT OF INDIA] 12-04-2021
Motor Vehicles Act, 1988 - Sections 185, 203 and 204 - Drunken driving - Breath analyzer test or blood test is not mandatory for an insurer to deny an accident policy claim on the ground of drunken driving - Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause - What is required to be proved is driving by a person under the influence of the alcohol - Drunken driving, a criminal offence, under Secti

(65) JUSTICE V. ESWARAIAH (RETD.) Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-04-2021
Conspiracy to Destabilize Judiciary - Phone call conspiracy against the High Court Chief Justice and a senior sitting Judge of the Supreme Court - Investigation - High Court has directed for enquiry into the transcript to find out the authenticity/genuineness of the conversation contained in the pen drive - Justice R.V. Raveendran, Retd. Judge of Supreme Court was requested to submit a report to the High Court as to the authenticity/genuineness of the conversation contained in the pen drive - Ob

(66) A.R. MADANA GOPAL ETC.ETC. Vs. M/S RAMNATH PUBLICATIONS PVT. LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2021
Specific Relief Act, 1963 - Section 10-A - Suit for specific performance - A suit for specific performance cannot be dismissed on the sole ground of delay or laches - However, an exception to this rule is where an immovable property is to be sold within a certain period, time being of the essence, and it is not found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time. Once a suit for specific performance has been filed, any delay as

(67) SUDESH KEDIA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 09-04-2021
Penal Code, 1860 (IPC) - Sections 120B, 414, 384, 386 and 387 - Unlawful Activities (Prevention) Act, 1967 - Sections 17, 18, 21 and 43(5)D - Terror Funding - Grant of bail - While considering the grant of bail under Section 43(5)D, it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not - Appellant is entitled for bail and that the Special Court and High

(68) CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND OTHERS Vs. SMT. PARDEN ORAON [SUPREME COURT OF INDIA] 09-04-2021
Service Law - Compassionate appointment - Lapse of period - Compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future.

(69) M/S UTKAL SUPPLIERS Vs. M/S MAA KANAK DURGA ENTERPRISES AND OTHERS [SUPREME COURT OF INDIA] 09-04-2021
Contract Labour (Regulation and Abolition) Act, 1970 - Section 1(4) - Orissa Shops and Commercial Establishments Act, 1956 - Section 4 - Registration of establishment - A registration certificate under Section 4 cannot possibly be the equivalent of a valid labour licence issued by the labour department - High Court has not adverted to any of these decisions, and in second-guessing the authority's requirement of a licence under the Contract Labour (Regulation and Abolition) Act, 1970, has clearly

(70) RAM KISHAN Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 09-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 332 and 353 - Attack on Police Constable by Inspector - Cross FIR - FIR quashed - Appeal against - FIR quashed on the ground that the FIR was not registered immediately, cannot be justified, primarily because the matter relating to FIR was under investigation and it was not for the High Court to have substituted its own opinion in this regard by holding that the FIR was filed as a counter blast, specially when

(71) FARZANA BATOOL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-04-2021
Constitution of India, 1950 - Article 32 - Right to Professional Education - While the right to pursue higher (professional) education has not been spelt out as a fundamental right in Part III of the Constitution, it bears emphasis that access to professional education is not a governmental largesse. Instead, the State has an affirmative obligation to facilitate access to education, at all levels.

(72) MOHAMMAD SALIMULLAH AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-04-2021
Constitution of India, 1950 - Articles 14, 21, 19(1)(e) and 51(c) - Writ petition - Issue of appropriate writ directing the respondents to provide basic human amenities to the members of the Rohingya Community, who have taken refuge in India, the petitioners who claim to have registered themselves as refugees with the United Nations High Commission for refugees, have come up with the present interlocutory application seeking (i) the release of the detained Rohingya refugees; and (ii) a direction

(73) M/S ACQUAINTED REALTORS LLP ETC. ETC. Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 08-04-2021
Land Acquisition Act, 1894 - Sections 4 and 6 - Enhancement of compensation - Acquisition of lands for purpose of setting up Industrial Model Township for the development of an integrated complex for industrial, commercial, recreational and other public utilities - Lands were agricultural in nature and away from Highway definitely weigh in favour of the landholders - Landholders must be held entitled to 8% flat increase over the market value - Respect of lands from villages which were found to b

(74) VED AND ANOTHER Vs. STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 08-04-2021
Land Acquisition Act, 1894 - Section 23 - Compensation - Market value - Determination - Rate of price escalation - Normally, recourse is taken to the mode of determining the market value by providing appropriate escalation over the proved market value of nearby lands in previous years (as evidenced by sale transactions or acquisitions), where there is no evidence of any contemporaneous sale transactions or acquisitions of comparable lands in the neighbourhood - The said method is reasonably safe

(75) V. SREENIVASA REDDY Vs. B.L. RATHNAMMA [SUPREME COURT OF INDIA] 08-04-2021
Arbitration and Conciliation Act, 1996 - Sections 11(5) and 11(6) - Appointment of Sole Arbitrator - - High Court was not justified in rejecting the application only on the contentions urged therein on behalf of the respondent about the petition being hit by Order II Rule 2 of CPC and also the principles of resjudicata - It cannot be accepted in the present facts that there was abandonment of part of any claim nor was there a conclusive adjudication of the dispute between the same parties on mer

(76) DIPANKAR DEBAPRIYA HALDAR Vs. TEESTA DIPANKAR HALDAR [SUPREME COURT OF INDIA] 08-04-2021
Constitution of India, 1950 - Article 142 - Transfer of Matrimonial Case - On 01.03.2019 this Court ordered issue of notice only for the purpose of referring the matter to Mediation - In the Mediation Centre, the parties have reached a Settlement Agreement - In the light of the settlement reached between the parties, the Transfer Petition is disposed of to the following effect:

(1) Parties shall file a petition for divorce by mutual consent before the appropriate court at Kolkata. The court in

(77) HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPEMNT CORPORATION LIMITED AND OTHERS Vs. RAMESHWAR DASS (DEAD) AND OTHERS [SUPREME COURT OF INDIA] 08-04-2021
Constitution of India, 1920 - Article 142 - Land Acquisition Act, 1894- Sections 4 and 18 - Acquisition of land - Compensation - About Rs.750 crores have already been made over as compensation to the landholders from the concerned villages at the rate of Rs.37,40,000/- per acre - As against their entitlement of Rs. 29,7,333/- per acre as found in Wazir vs. State of Haryana, (2019) 13 SCC 101, the landholders have thus received Rs.7,62,667/- per acre over and above their entitlement. On a rough e

(78) PUNEET SHARMA AND OTHERS ETC Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND ANOTHER ETC. [SUPREME COURT OF INDIA] 07-04-2021
Service Law - Appointment to post of Junior Engineer/(Electrical) - Whether the minimum qualification of a diploma in electrical or electronic engineering or other prescribed qualifications includes a degree in that discipline and Whether degree holders are eligible for appointment to the post of Junior Engineer (Electrical) under the relevant recruitment rules - Held, 5% enabling those diploma holders who acquire degree qualifications during service as Junior Engineers; and 5% enabling among th

(79) GURDEV SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 06-04-2021
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Possession of 1 kg heroin - Commercial quantity - Quantity of substance with which an accused is charged is a relevant factor, which can be taken into consideration while fixing quantum of the punishment.<

(80) YOGESH Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 06-04-2021
Penal Code, 1860 (IPC) - Sections 302, 364-A, 376, 216 read with Section 120-B - Kidnapping Rape and Murder - Dead body of the victim was found lying in an open field - Circumstancial evidence - Post-mortem report discloses that victim was sexually assaulted, the FSL Report on record does not establish any connection of accused with the sexual assault on the deceased victim - Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure sta