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(861) KALABHAI HAMIRBHAI KACHHOT Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 28-04-2021
Penal Code, 1860 (IPC) - Section 302 read with 34 - Murder - Common intention - Evidence - Omissions like not seizing the motorcycle and also not seizing the gold chain of one of the victims, by itself, is no ground to discredit the testimony of key witnesses who were examined on behalf of the prosecution, whose say is consistent, natural and trustworthy - There was a quarrel between the deceased about six months earlier to the incident and one accused regarding payment of rent of tractor - Ther
(2021) 116 ACrC 931 : (2021) 222 AIC 169 : (2021) AIRSC 2327 : (2021) 2 ALTCrl 222 : (2021) CriLR 650 : (2021) 2 Crimes 183 : (2021) 4 GLR 2617 : (2021) 2 JKJ 28 : (2021) 4 JT 421 : (2021) 2 RCRCriminal 861 : (2021) 6 SCALE 236

(862) RESERVE BANK OF INDIA Vs. JAYANTILAL N. MISTRY AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2021
Recall of judgment - There is no provision in the Supreme Court Rules for filing any application for recall of the judgment of own Court - Application dismissed.
(2021) AIRSC 2180 : (2021) AIRSCCivil 1982 : (2021) 4 ALT 132 : (2021) 4 AndhLD 4 : (2021) 2 DNJ 566 : (2021) 4 JT 417 : (2021) 2 LawHeraldSC 1230 : (2021) 6 SCALE 211

(863) UNION OF INDIA Vs. R.K. SHARMA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2021
Implementation of MACPS for civilian employees - Whether the Government of India is justified in implementing the Modified Assured Career Progression Scheme ('MACPS') for civilian employees of the Central Government in Groups 'A', 'B', 'C', 'D' and officers in the All India Services, Chairpersons, Members of the Regulatory Bodies (except the Reserve Bank of India) with effect from 01.09.2008 and not from 01.01.2006 - Held, In view of the judgment of this Court in Union of India and Ors. v. M.V.
(2021) AIRSC 2873 : (2021) 3 BLJud 476 : (2021) 2 ESC 571 : (2021) 169 FLR 991 : (2021) 6 SCALE 246 : (2021) 5 SCC 579 : (2021) 4 SLR 1

(864) IN RE COGNIZANCE FOR EXTENSION OF LIMITATION Vs. XXXX [SUPREME COURT OF INDIA] 27-04-2021
This Court took suo motu cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country. Consequently, it was directed vide order dated 23rd March, 2020 that the period of limitation in filing petitions/ applications/ suits/ appeals/ all other proceedings, irrespective of the period of limitation prescribed under the general or special laws, shall stand extended with eff
(2021) 3 ALT 302 : (2021) 2 ApexCourtJudgments(SC) 193 : (2021) 3 CgLJ 535 : (2021) 2 CivCC 331 : (2021) 226 CompCas 127 : (2021) 2 CriCC 763 : (2021) 4 CTC 860 : (2021) 2 DNJ 577 : (2021) 2 JabLJ 246 : (2021) 4 KantLJ 314 : (2021) 3 KHC 122 : (2021) 3 KLT 250 : (2021) 2 RLW 1327 : (2021) 7 SCALE 445

(865) PATAN JAMAL VALI Vs. THE STATE OF ANDHRA PRADESH [SUPREME COURT OF INDIA] 27-04-2021
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 - Section 3(2)(v) - Conviction under provision can be sustained as long as caste identity is one of the grounds for the occurrence of the offence.
(2021) 116 ACrC 671 : (2021) 222 AIC 248 : (2021) AIRSC 2190 : (2021) AIRSCCri 1197 : (2021) 2 ALTCrl 266 : (2021) 2 AndhLDCriminal 75 : (2021) 2 ApexCourtJudgments(SC) 773 : (2021) 3 CriCC 377 : (2021) CriLJ 3618 : (2021) CriLR 720 : (2021) 2 Crimes 193 : (2021) 5 JT 266 : (2021) 2 LawHeraldSC 1355 : (2021) 2 MadWNCri 481 : (2021) 6 SCALE 495

(866) SUDHA SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 23-04-2021
U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 - Section 3(1) - Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Sections 3 and 25 - Murder - Grant of Bail by the High Court to accused convicted - High court has overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection - It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by
(2021) 116 ACrC 644 : (2021) 222 AIC 134 : (2021) AIRSC 2149 : (2021) AIRSCCri 1195 : (2021) ALLMRCri 2661 : (2021) 2 CriCC 660 : (2021) CriLR 660 : (2021) 2 Crimes 216 : (2021) 4 JT 343 : (2021) 2 KCCR 1427 : (2021) 2 LawHeraldSC 1400 : (2021) 2 RCRCriminal 875 : (2021) 6 SCALE 224 : (2021) 4 SCC 781 : (2021) 2 SCCCri 505

(867) SANDEEP KHAITAN, RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LIMITED Vs. JSVM PLYWOOD INDUSTRIES LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2021
Insolvency and Bankruptcy Code, 2016 - Section 14(2A) - Supply of goods or services - Period of moratorium - Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratori
(2021) 222 AIC 158 : (2021) AIRSC 2082 : (2021) AIRSCCri 1165 : (2021) 147 ALR 750 : (2021) 2 ALTCrl 214 : (2021) 2 ApexCourtJudgments(SC) 223 : (2021) 226 CompCas 332 : (2021) CriLR 642 : (2021) 2 Crimes 176 : (2021) 2 KCCR 1431 : (2021) 2 LawHeraldSC 1635 : (2021) 3 MLJCriminal 240 : (2021) 6 SCALE 302 : (2021) 3 SCCCri 478

(868) RAHUL S SHAH Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
Civil Procedure Code, 1908 (CPC) - Order 11 Rule 14 - Delay in Execution of Decree - In cases, involving delivery of or any rights relating to the property, exercise power under Order XI Rule 14 by ordering production of documents upon oath, relating to declaration regarding existence of rights of any third party, interest in the suit property either created by them or in their knowledge - It will assist the court in deciding impleadment of third parties at an early stage of the suit so that any
(2021) 222 AIC 228 : (2021) AIRSC 2161 : (2021) 147 ALR 738 : (2021) 4 ALT 140 : (2021) 4 ALTCrl 140 : (2021) 3 AndhLD 68 : (2021) 3 BLJ 412 : (2021) 3 BLJud 412 : (2021) 3 CivCC 1 : (2021) 2 JLJR 459 : (2021) 2 KCCR 1409 : (2021) 3 KerLJ 156 : (2021) 4 KHC 148 : (2021) 3 KLT 235 : (2021) 2 LawHerald 1601 : (2021) 2 LWCri 578 : (2021) 3 MPLJ 235 : (2021) 2 PLJR 467 : (2021) 3 RCRCivil 854 : (2021) 7 SCALE 16 : (2021) 6 SCC 418

(869) M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 22-04-2021
Arbitration and Conciliation Act, 1996 - Section 31(7) - Interest on delayed payment - Only difference between the situation contemplated in the provision and the facts of this case is that the agreement involved is not silent on interest entitlement of the appellants on delayed payment but the agreement contains provision for such payment - Appeal allowed.
(2021) 222 AIC 240 : (2021) AIRSC 2031 : (2021) AIRSCCivil 1893 : (2021) 4 ALT 31 : (2021) 2 ApexCourtJudgments(SC) 252 : (2021) 2 DNJ 543 : (2021) 4 JT 304 : (2021) 2 LawHeraldSC 1518 : (2021) 6 SCALE 184 : (2021) 6 SCC 150 : (2021) 3 SCCCivil 548

(870) RAHUL S SHAH AND OTHERS Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
The present appeals arise out of the common judgment and order dated 16th January, 2020 of the Karnataka High Court which dismissed several Writ Petitions. The course of the litigation highlights the malaise of constant abuse of procedural provisions which defeats justice, i.e. frivolous attempts by unsuccessful litigants to putting up spurious objections and setting up third parties, to object, delay and obstruct the execution of a decree.
(2021) 2 HimLR 1212 : (2021) 2 LawHeraldSC 1217

(871) RAHUL S SHAH Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
The present appeals arise out of the common judgment and order dated 16th January, 2020 of the Karnataka High Court which dismissed several Writ Petitions. The course of the litigation highlights the malaise of constant abuse of procedural provisions which defeats justice, i.e. frivolous attempts by unsuccessful litigants to putting up spurious objections and setting up third parties, to object, delay and obstruct the execution of a decree.
(2021) 2 RCRCivil 854

(872) THE STATE OF UTTAR PRADESH Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD [SUPREME COURT OF INDIA] 20-04-2021
Mr. Mehta, learned Solicitor General, states that the State Government has issued several directions to contain the spread of Corona Virus and are taking adequate precautions at their own. He further submits that the directions issued by the High Court vide the impugned order are as rigorous as a lockdown though the High Court has observed that "they are nowhere close to a complete lockdown".
(2021) 4 SCC 784

(873) RAMESH BHAVAN RATHOD Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Bail - Grant of bail under Section 439 of the CrPC is a matter involving the exercise of judicial discretion - Judicial discretion in granting or refusing bail – as in the case of any other discretion which is vested in a court as a judicial institution – is not unstructured - Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of
(2021) 116 ACrC 951 : (2021) AIRSC 2011 : (2021) AIRSCCri 1131 : (2021) 2 AndhLDCriminal 233 : (2021) 4 BLJ 80 : (2021) 4 BLJud 80 : (2021) 3 BomCR(Cri) 705 : (2021) CriLR 623 : (2021) 2 Crimes 278 : (2021) 4 GLR 2716 : (2021) 2 JKJ 1 : (2021) 2 JLJR 422 : (2021) 4 JT 315 : (2021) 3 MadWNCri 289 : (2021) 2 PLJR 430 : (2021) 3 RCRCriminal 60 : (2021) 6 SCALE 41 : (2021) 6 SCC 230 : (2021) 2 SCCCri 722 : (2021) 2 SCCCri 772

(874) LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N. SHUKLA IAS (RETD.) Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Constitution of India, 1950 - Article 224A - Ad hoc Judges Appointment - Recourse to Article 224A is not an alternative to regular appointments.<
(2021) AIRSC 2039 : (2021) AIRSCCivil 1901 : (2021) 2 ESC 603 : (2021) 5 JT 501 : (2021) 3 KLT 262 : (2021) 3 MLJ 735 : (2021) 6 SCALE 194 : (2021) 4 SLR 69

(875) PASL WIND SOLUTIONS PRIVATE LIMITED Vs. GE POWER CONVERSION INDIA PRIVATE LIMITED [SUPREME COURT OF INDIA] 20-04-2021
Arbitration and Conciliation Act, 1996 - Sections 2(1)(f), 10(1), 10(2) and 10(3) - Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 - Section 10 - Foreign award - International commercial arbitration - This Court already seen how "international commercial arbitration", when used in the proviso to section 2(2) of the Arbitration Act, does not refer to the definition contained in section 2(1)(f) but would have reference to arbitrations which take p
(2021) AIRSC 2517 : (2021) AIRSCCivil 2184 : (2021) 3 AllWC 2169 : (2021) 5 BCR 222 : (2021) 4 MLJ 59 : (2021) 6 SCALE 124 : (2021) 7 SCC 1 : (2021) 3 SCCCivil 702

(876) M/S. PLR PROJECTS PRIVATE LIMITED Vs. MAHANADI COALFIELDS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Constitution of India, 1950 - Article 224A - Appointment of ad hoc Judges - High Courts are in a crisis situation - There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength - Time Line For Appointment of
(2021) AIRSC 2008 : (2021) AIRSCCivil 1890 : (2021) 4 ALT 39 : (2021) 3 KLT 56 : (2021) 6 SCALE 37

(877) DEVENDRA KUMAR SAXENA Vs. CENTRAL BUREAU OF INVESTIGATION (CBI) AND OTHER [SUPREME COURT OF INDIA] 20-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of Case on Medical Ground - Darjeeling to New Delhi - Due to the medical condition of the petitioner, This Court entertained Transfer Petitions and ordered the issue of notice - After service of notice, the co-accused in the case which is the subject matter of the Transfer Petition, have filed a counter affidavit opposing the request for transfer - According to the learned counsel for the co-accused, they are also aged and that they a
(2021) 116 ACrC 603 : (2021) 222 AIC 122 : (2021) AIRSC 2006 : (2021) AIRSCCri 1129 : (2021) 4 BLJud 65 : (2021) 3 BomCR(Cri) 99 : (2021) CriLR 662 : (2021) 2 Crimes 174 : (2021) 4 JT 313 : (2021) 2 KerLJ 1015 : (2021) 2 LawHeraldSC 1702 : (2021) 2 RCRCriminal 882 : (2021) 6 SCALE 61

(878) IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Draft Rules of Criminal Practice, 2021 - Deficiencies in course of criminal trials - High Courts adopt Draft Rules of Criminal Practice - The courts in all criminal trials should, at the beginning of the trial, i.e. after summoning of the accused, and framing of charges, hold a preliminary case management hearing - This hearing may take place immediately after the framing of the charge - In this hearing, the court should consider the total number of witnesses, and classify them as eyewitness, ma
(2021) 116 ACrC 695 : (2021) ALLMRCri 3071 : (2021) 4 BLJ 175 : (2021) 4 BLJud 175 : (2021) 2 Crimes 218 : (2021) 2 DNJ 570 : (2021) 2 JabLJ 301 : (2021) 2 JLJR 323 : (2021) 3 KerLJ 130 : (2021) 3 KHC 273 : (2021) 3 KLT 191 : (2021) 2 LawHerald 1777 : (2021) 2 LawHeraldSC 1472 : (2021) 2 PLJR 306 : (2021) 6 SCALE 63

(879) M/S RADHA KRISHAN INDUSTRIES Vs. STATE OF HIMACHAL PRADESH AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 20-04-2021
Himachal Pradesh Goods and Service Tax Act, 2017 - Sections 5(3), 83, 107 and 107(1) - Provisional attachment - Joint Commissioner while ordering a provisional attachment under section 83 was acting as a delegate of the Commissioner in pursuance of the delegation effected under Section 5(3) and an appeal against the order of provisional attachment was not available under Section 107(1).
(2021) AIRSC 2114 : (2021) AIRSCCivil 1924 : (2021) 4 JT 433 : (2021) 6 SCALE 78 : (2021) 6 SCC 771

(880) SURENDRA KUMAR AND ANOTHER Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 20-04-2021
Penal Code, 1860 (IPC) - Section 302 - Murder - Acquttal - Benefit of Doubt - Several missing components in the chain of circumstantial evidence and the High Court misdirected itself in finding support for conviction on such unclinching evidence - The innocence of the appellants is a distinct possibility in the present matter and when two views are possible the benefit must go to the accused.
(2021) 116 ACrC 631 : (2021) 5 ADJ 149 : (2021) AIRSC 2342 : (2021) ALLMRCri 2678 : (2021) 2 JKJ 434 : (2021) 6 JT 128 : (2021) 2 LawHeraldSC 1382 : (2021) 2 RCRCriminal 803 : (2021) 6 SCALE 114

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