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(81) SARANYA Vs. BHARATHI AND ANOTHER [SUPREME COURT OF INDIA] 24-08-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 326, 307, 302, 420 r/w 34 - Quashing of criminal proceedings - Stage of framing of charge - High Court must keep in mind while exercising the jurisdiction under Section 482 Cr.P.C./at the stage of framing of the charge - Strong suspicion against respondent who was serving in the Secretariat and was in touch with the deceased and complainant as she used to go to Xerox shop owned by the deceased and she introduc

(82) MANJEET SINGH Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 24-08-2021
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Penal Code, 1860 (IPC) - Sections 302, 307, 341, 148 and 149 - Summoning additional accused - Submission on behalf of the private respondents herein that after the impugned judgment and order passed by the High Court there is a much progress in the trial and therefore at this stage power under Section 319 CrPC may not be exercised cannot be accepted - As per the settled preposition of law, the powers under Section 319 CrPC can be exercised at

(83) LALA @ ANURAG PRAKASH AASRE Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 24-08-2021
Penal Code, 1860 (IPC) - Sections 302, 120B, 147, 148 and 324 - Murder - Unlawful assembly - Common Object - Assault with sharp and dangerous weapons - Counsel for appellant argue that prosecution had not arranged for a Test Identification Parade (TIP) - Test Identification Parade (TIP) was unnecessary in the present case as the identity of the appellant was known to the witnesses and he was specifically identified by PW1, and PW2 as the person who wielded the sword and inflicted the injuries -

(84) PANKAJ KUMAR Vs. STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 19-08-2021
Constitution of India, 1950 - Articles 341(1) and 342(1) - Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 - Section 4 - Bihar Reorganisation Act, 2000 - Section 73 - Reservation - Employees who are members of the SC/ST/OBC whose caste/tribe has been notified by an amendment to the Constitution(Scheduled Castes)/(Scheduled Tribes) Order 1950 under Vth and VIth Schedule to Sections 23 and 24 of the Act 2000 or by t

(85) MADHAV Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 18-08-2021
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Recovery of weapons used for commission of offence, knife and lathis from the houses of the accused - Report of Forensic Sciences Laboratory (FSL) - There is nothing on record to show that the blood stains said to have been present in those weapons, matched with the blood of the deceased - Unfortunately, the High Court proceeded on a wrong premise that there was scientific evidence to point to the guilt of the accused, merely b

(86) NATIONAL INSURANCE COMPANY LTD. Vs. M/S. HARESHWAR ENTERPRISES (P) LTD. AND OTHERS [SUPREME COURT OF INDIA] 18-08-2021
Consumer Protection Act, 1986 - Section 24A - Insurance Act, 1938 - Section 64-UM(c) - Fire Insurance Claim - Surveyor report - Destruction of plant and machinery and raw materials/stock in fire incident - Surveyor's report cannot be considered as a sacrosanct document and that if there is any contrary evidence including investigation report, opportunity should be available to produce it as rebuttal material - Issue to be noted is as to whether the surveyor's report in the instant case adverts t

(87) RAJINDER KUMAR BANSAL AND OTHERS Vs. MUNICIPAL COMMITTEE AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Haryana Urban (Control of Rent and Eviction) Act, 1973 - Section 2(f) - Rented land - Use of land as club for a pavilion is in interest of section of public - Eviction petition - Maintainability - Rented land as defined in Section 2(f) of the Act is pari materia with definition of rented land in the Act - Expression "business" appearing in Section 2(f) need not necessarily be commercial business carried on with a profit motive - Word includes within its scope a charitable business or a dealing i

(88) NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS Vs. KRISHNA AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Transfer of Property Act, 1882 - Section 60 - Redemption of Mortgage - Equity of redemption is a right which is subsidiary to the right of ownership - Such right is not over and above the right of ownership purchased by the plaintiff - Expression equity of redemption is a convenient maxim but an owner, who has stepped into the shoes of the mortgagor, after the purchase from the mortgagor but before filing a suit for foreclosure is entitled to redeem the property in terms of Section 60 of the Act

(89) MULTITASK SOLUTIONS Vs. ZILLA PARISHAD WASHIM AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Tender - Supply of E-learning Kits to 22 Zilla Parishad Schools in Maharashtra - Upgradation of software and training could not be performed - Recovery proceedings - Challenged - Appellant shall undertake the upgrading of software as agreed under the contract and also impart training to the teachers - However, at this distant point of time if the same is not technically and practically feasible, the appellant cannot be allowed to enrich themselves to that extent and the proportionate amount will

(90) LACHHMI NARAIN SINGH (D) THROUGH LRS AND OTHERS Vs. SARJUG SINGH (DEAD) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Will - Thumb impression on cancellation deed - Genuineness of - Key characteristic of thumb impression is that every person has a unique thumb impression - Forgery of thumb impressions is nearly impossible - Therefore, adverse conclusion should not be drawn for affixing thumb impression instead of signing documents of property transaction - Genuineness of Cancellation deed cannot be doubted only due to the fact that same was not signed and a literate person, affixed his thumb impression.

(91) ABDUL AHAD AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Education Law - Review Petition - Professional MBBS course - Private counselling not permissible in law - Admissions were to be done only through the centralized admission process only - Petition dismissed.

(92) HEMRAJ RATNAKAR SALIAN Vs. HDFC BANK LIMITED AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Sections 13(2), 13(13) and 14 - Transfer of Property Act, 1882 - Section 65A - SARFAESI Proceedings - Right of tenant in possession of secured asset - If a valid tenancy under law is in existence even prior to the creation of the mortgage, such tenant's possession cannot be disturbed by the secured creditor by taking possession of the property - If a tenancy under law comes into exis

(93) NEELIMA SRIVASTAVA Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Uttar Pradesh Secondary Education Department Regularization of Ad hoc appointments on the Post of Trained Graduate Teachers Rules, 2001 - Uttar Pradesh Subordinate Educational (Trained Graduates Grade) Service Rules, 1983 - Temporary appointment - Regularization against leave vacancy - High Court reject regularization on the ground that appointment was on leave vacancy for which there was no provision under the 2001 Rules, as such cannot be held to be entitled to the benefit conferred by Regular

(94) PRAVEEN KUMAR C.P. Vs. KERALA PUBLIC SERVICE COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 17-08-2021
Service Law - Appointment - Eligibility criteria - Posts of High School Assistants in State of Kerala - Candidates having B.Ed. Degree in Biological Science - Eligible to Posts of High School Assistants in State of Kerala.

(95) THE ORIENTAL INSURANCE COMPANY LIMITED Vs. KAHLON @ JASMAIL SINGH KAHLON (DECEASED) THROUGH HIS LEGAL REPRESENTATIVE NARINDER KAHLON GOSAKAN AND ANOTHER [SUPREME COURT OF INDIA] 16-08-2021
Motor Vehicles Act, 1988 - Sections 166 and 166(1)(a) - Claim for compensation - A statutory claim for compensation arising out of an accident by the person who has sustained the injury - Under Clause (b), compensation is payable to the owner of the property - In case of death, the legal representatives of the deceased can pursue the claim - Property, under the Act, will have a much wider connotation than the conventional definition - If the legal heirs can pursue claims in case of death, we see

(96) KRISHNA GOPAL TIWARY AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-08-2021
Payment of Gratuity (Amendment) Act, 2010 - Payment of Gratuity Act, 1972 - Section 4 - Income Tax Act, 1961 - Section 10(10)(ii) - Deduction of tax on gratuity amount - Appellants are employees of Coal India Limited - Government of India approved enhancement of gratuity to the executives and Non-Unionized Supervisors of Central Sector Enterprises such as the Coal India Limited where the appellants were employed - Ceiling of the gratuity was raised to Rs.10 lakhs w.e.f. 1.1.2007 in terms of offi

(97) BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS. Vs. NANA DINKAR YADAV (TANPURA) AND ANOTHER [SUPREME COURT OF INDIA] 13-08-2021
Transfer of Property Act, 1882 - Section 58(c) - Suit for redemption - Limitation - Suit for redemption can be filed within 30 years from the date fixed for redemption.<

(98) KAPTAN SINGH Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 13-08-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Offences under Sections 147, 148, 149, 406, 329 and 386 IPC - Without Consideration of Investigation Materials High Court Quashed Criminal Proceedings - If the petition under Section 482 Cr.P.C. was at the stage of FIR in that case the allegations in the FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered - However, thereafter when the statements are recorded, evide

(99) ANAND KUMAR TIWARI AND OTHERS Vs. HIGH COURT OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-08-2021
Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 1994 - Madhya Pradesh Civil Services (General Condition of Service) Rules, 1961 - Rule 12(1) - Direct recruitment of District Judges - Determination of Inter-se seniority - No provision in Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 1994 by which inter-se seniority of promotees and directly recruited District Judges could be determined - High Court followed the princi

(100) PREM NARAYAN SINGH AND OTHERS Vs. HON'BLE HIGH COURT OF MADHYA PRADESH [SUPREME COURT OF INDIA] 12-08-2021
Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 2017 - Rules 11(1) and 11(4)(b) - Determination of seniority - Petitioners are Members of the Higher Judicial Services working as District Judges - They were appointed to the Higher Judicial Services from 2007 onwards after being selected in the Limited Competitive Examinations (for short, 'LCE') - They have challenged the resolution of the Administrative Committee of the High Court by which it was resolved th

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