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(841) GURU DUTT PATHAK Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 06-05-2021
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Absence of Motive - When there is a direct evidence in the form of eyewitnesses and the eyewitnesses are trustworthy and reliable, absence of motive is insignificant
(2021) 4 ADJ 643 : (2021) 223 AIC 81 : (2021) AIRSC 2257 : (2021) 4 AllLJ 487 : (2021) 3 ALTCrl 232 : (2021) 2 AndhLDCriminal 623 : (2021) 3 CriCC 746 : (2021) CriLJ 3281 : (2021) CriLR 825 : (2021) 2 Crimes 232 : (2021) 5 JT 243 : (2021) 7 SCALE 1 : (2021) 6 SCC 116 : (2021) 2 SCCCri 778

(842) THE CHIEF ELECTION COMMISSIONER OF INDIA Vs. M.R. VIJAYABHASKAR AND OTHERS [SUPREME COURT OF INDIA] 06-05-2021
Freedom of Expression of the Media - Freedom of speech and expression extends to reporting the proceedings of judicial institutions as well - Courts are entrusted to perform crucial functions under the law - Their work has a direct impact, not only on the rights of citizens, but also the extent to which the citizens can exact accountability from the executive whose duty it is to enforce the law - Citizens are entitled to ensure that courts remain true to their remit to be a check on arbitrary ex
(2021) 223 AIC 65 : (2021) AIRSC 2238 : (2021) AIRSCCivil 2049 : (2021) 3 AllWC 2427 : (2021) 3 ALT 212 : (2021) 4 AndhLD 183 : (2021) 2 ApexCourtJudgments(SC) 342 : (2021) 2 JLJR 441 : (2021) 5 JT 14 : (2021) 4 MLJ 558 : (2021) 2 PLJR 449 : (2021) 7 SCALE 169 : (2021) 3 SCCCri 490

(843) DR. JAISHRI LAXMANRAO PATIL Vs. THE CHIEF MINISTER AND OTHERS [SUPREME COURT OF INDIA] 05-05-2021
Maratha Reservation case - Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is not covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney v. Union of India, (1992) Sup3
(2021) 8 JT 337 : (2021) 3 KLT 465 : (2021) 4 MLJ 305 : (2021) 6 SCALE 523 : (2021) 8 SCC 1

(844) BHASKAR Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 04-05-2021
This appeal challenges the judgment and order dated 05-03-2021 passed by the High Court of Judicature at Bombay at Nagpur in CRLA(APPP) No. 370/2021 preferred by the present appellant seeking relaxation of condition in the order granting bail in Criminal Application (ABA) No.426 of 2020.
(2021) AIRSC 2613 : (2021) ALLMRCri 3488 : (2021) CriLJ 3985

(845) SURESH KUKREJA Vs. STATE OF M. P. AND ANOTHER [SUPREME COURT OF INDIA] 04-05-2021
This appeal challenges the judgment and order dated 28-05-2020 passed by the High Court of M.P. at Indore in MCRC No. 13869/2020. In connection with crime registered pursuant to FIR No.0012 of 2020 dated 15.01.2020 lodged with S.T.F. Police Station, Bhopal, Madhya Pradesh in respect of offences punishable under Section 406, 420, 448 read with 120B, the appellant was taken in custody on 21.01.2020. His application preferred under Section 439 of the Code of Criminal Procedure seeking release on ba
(2021) 4 CriCC 691 : (2021) CriLJ 2998

(846) BECHE LAL Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 04-05-2021
In this batch of writ applications, common relief is sought for premature release of persons sentenced to life imprisonment, after completion of over 14 years of imprisonment. The petitioners have remained incarcerated for actual periods ranging from 16 years to 24 years without remission and 20 years to 31 years with remission. The convictions are primarily under Section 302, 302/149 of the Penal Code. This Court under Article 32 of the Constitution has been passing orders from time to time for
(2021) AIRSC 2716

(847) RAM KRISHNA PRASAD Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 04-05-2021
The appellant and three others were tried in the Court of Addl. Sessions Judge-VII-cum-Special Judge, CBI, Dhanbad in connection with R.C. Case No.05(A) of 1995 (D). One of the accused died during pendency of the trial. The Trial Court by its judgment and order dated 26.02.2014 convicted the appellant and two others under Sections 120B, 420, 471 of the Indian Penal Code ("the IPC" for short) and 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988 ("The POC Act" for short) and
(2021) AIRSC 2691

(848) SURESH KUKREJA Vs. STATE OF M. P. AND ANOTHER [SUPREME COURT OF INDIA] 04-05-2021
In connection with crime registered pursuant to FIR No.0012 of 2020 dated 15.01.2020 lodged with S.T.F. Police Station, Bhopal, Madhya Pradesh in respect of offences punishable under fiction 406, 420, 448 read with 120B, the appellant was taken in custody on 21.01.2020. His application preferred under Section 439 of the Code of Criminal Procedure seeking release on bail was allowed by the High Court vide order dated 28.05.2020. However, the High Court imposed a condition to the effect that the a
(2021) AIRSC 2690 : (2021) CriLJ 2998

(849) FORUM FOR PEOPLE'S COLLECTIVE EFFORTS (FPCE) AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 04-05-2021
Constitution of India, 1950 - Article 32 - Constitutional validity of the West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA) - WB-HIRA is repugnant to the RERA - West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA) is unconstitutional - From analysis of the provisions of RERA on the one hand and of WB-HIRA on the other, two fundamental features emerge from a comparison of the statutes - First, a significant and even overwhelmingly large part of WB-HIRA overlaps with the provisio
(2021) 5 JT 75 : (2021) 4 MLJ 221 : (2021) 6 SCALE 386 : (2021) 8 SCC 599

(850) RAM KRISHNA PRASAD Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 04-05-2021
The appellant and three others were tried in the Court of Addl. Sessions Judge-VII-cum-Special Judge, CBI, Dhanbad in connection with R.C. Case No.05(A) of 1995 (D). One of the accused died during pendency of the trial. The Trial Court by its judgment and order dated 26.02.2014 convicted the appellant and two others under Sections 120B, 420, 471 of the Indian Penal Code ("the IPC" for short) and 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988 ("The POC Act" for short) and
(2021) AIRSC 2691

(851) BECHE LAL Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 04-05-2021
In this batch of writ applications, common relief is sought for premature release of persons sentenced to life imprisonment, after completion of over 14 years of imprisonment. The petitioners have remained incarcerated for actual periods ranging from 16 years to 24 years without remission and 20 years to 31 years with remission. The convictions are primarily under Section 302, 302/149 of the Penal Code. This Court under Article 32 of the Constitution has been passing orders from time to time for
(2021) AIRSC 2716

(852) INDIAN SCHOOL, JODHPUR AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 03-05-2021
Rajasthan Schools (Regulation of Fee) Act, 2016 - Sections 3, 4, 6 to 11, 15 and 16 - Rajasthan Schools (Regulation of Fee) Rules, 2017 - Rules 3, 4, 6 to 8 and 11 - COVID19 pandemic - Deduction in Annual School Fees - Private unaided schools in Rajasthan shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 201920, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant peri
(2021) 4 AllWC 3330 : (2021) 3 CTC 531 : (2021) 2 DNJ 582 : (2021) 2 DNJ 583 : (2021) 2 ESC 430 : (2021) 5 JT 432 : (2021) 2 RLW 1134 : (2021) 6 SCALE 322

(853) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) Vs. E.S. SOLAR POWER PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 03-05-2021
Power Purchase Agreements - Article 12.2 - Reduction of tariff - Damages - Delay in commissioning of Solar Plants - Whether the Scheduled Commissioning Date of the Solar Power Project is 16.10.2017 or 17.10.2017 - Contention of the Appellant is that actual injection of power into the Grid was on 17.10.2017 and as the Scheduled is 16.10.2017, the reduction of the tariff in view of the delay of 1 day in commissioning is justified - Alternate submission that is made by the Respondents that even ass
(2021) 223 AIC 253 : (2021) AIRSC 3418 : (2021) 3 ALT 203 : (2021) 5 JT 33 : (2021) 4 KantLJ 1 : (2021) 6 SCALE 312 : (2021) 6 SCC 718

(854) SACHIN YADAV Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 01-05-2021
Election Laws - Declaration of results - SLP is directed against the judgment and order passed by the High Court in Public Interest Litigation (PIL), whereby the request for deferring the panchayat elections in the State of Uttar Pradesh came to be rejected by recording the assurance given by the State and the State Election Commission that essential measures (protocol) for safety and security of all concerned during the campaign and until completion of elections would be adhered to in letter a

(855) JHARKHAND STATE ELECTRICITY BOARD AND OTHERS Vs. M/S RAMKRISHNA FORGING LIMITED [SUPREME COURT OF INDIA] 30-04-2021
Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2005 - Regulations 9.2, 9.2.1 and 9.2.6 - Contract load/sanctioned load - Reduction of - Fresh agreements may have been executed at the stage of enhancement of load of the same electricity connection, the same cannot be treated as anything but an extension/amendment or modification of the initial agreement granting the electricity connection - Application of the respondent for reduction of contract load/sanc
(2021) AIRSC 2184 : (2021) AIRSCCivil 1985 : (2021) 2 JLJR 341 : (2021) 4 JT 404 : (2021) 2 PLJR 349 : (2021) 6 SCALE 295

(856) SUKHBIR Vs. AJIT SINGH [SUPREME COURT OF INDIA] 30-04-2021
Land Acquisition Act, 1894 - Section 6 - Specific Relief Act, 1963 - Section 21 - Land Acquisition - Specific performance - Power to award compensation - Where the contract for no fault of the plaintiff becomes impossible, Section 21 enables award of compensation in lieu and substitution of the specific performance - Compensation awarded under the Land Acquisition Act may safely be taken to be the measure of damages subject, of course, to the deduction therefrom of money value of the services, t
(2021) AIRSC 2622 : (2021) AIRSCCivil 2268 : (2021) 4 ALT 25 : (2021) 4 AndhLD 154 : (2021) 2 DNJ 670 : (2021) 2 DNJ 665 : (2021) 4 JT 411 : (2021) 2 KCCR 1541 : (2021) 3 KLT 424 : (2021) 6 SCALE 251 : (2021) 6 SCC 54 : (2021) 3 SCCCivil 403

(857) IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC.[SUPREME COURT OF INDIA] 30-04-2021
COVID-19 pandemic - No patient shall be denied hospitalization or essential drugs in any State/UT for lack of local residential proof of that State/UT or even in the absence of identity proof.
(2021) AIRSC 2356 : (2021) AIRSCCivil 2070 : (2021) 3 ALT 232 : (2021) 5 JT 377 : (2021) 6 SCALE 258

(858) KERALA UNION OF WORKING JOURNALISTS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2021
The Writ Petition has been filed on the premise that the above stated detenu was taken into illegal custody on 5.10.2020 at 16.50 hours without serving any notice or order as envisaged under Section 107 of the Code of Criminal Procedure, 1973 (Cr.P.C). The alleged detenu and his associates were, at the time of detention, going to Hathras (U.P.) to report a gruesome case of rape and murder of a young girl.
(2021) 2 RCRCriminal 869

(859) STATE OF ODISHA AND OTHERS Vs. KAMALINI KHILAR AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2021
Service Law - Termination - Back wages - It is no doubt true that the Respondent No. 1 was offered appointment and was appointed - 16 vacancies alone earmarked for S.E.B.C (Women), and the Respondent No. 2 being the 16th and the last of the candidates entitled in the said Category, not joining in the circumstances resulting in the Respondent No. 1 being appointed and the order of the Tribunal being binding on the Appellants - In the present case, the failure to afford an opportunity to the Respo
(2021) 4 ALT 42 : (2021) 2 DNJ 557 : (2021) 2 ESC 405 : (2021) 169 FLR 1012 : (2021) 4 JT 545 : (2021) 6 SCALE 226 : (2021) 6 SCC 546 : (2021) 2 SCT 620 : (2021) 2 SLJ 224

(860) COMMISSIONER OF INCOME TAX-I Vs. M/S. RELIANCE ENERGY LIMITED (FORMERLY BSES LIMITED) THROUGH ITS M.D [SUPREME COURT OF INDIA] 28-04-2021
Income Tax Act, 1961 - Section 80-IA(5) - Determination of quantum of deduction - Scope of sub-section (5) of Section 80-IA of the Act is limited to determination of quantum of deduction under sub-section (1) of Section 80-IA of the Act by treating 'eligible business' as the 'only source of income' - Sub-section (5) cannot be pressed into service for reading a limitation of the deduction under sub-section (1) only to 'business income'.
(2021) AIRSC 2151 : (2021) 6 SCALE 216 : (2021) 4 SCC 237

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