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(881) M/S JANPRIYA BUILDESTATE PRIVATE LIMITED Vs. AMIT SONI AND OTHERS [SUPREME COURT OF INDIA] 07-12-2021
On 09.04.2011, the appellant has purportedly entered into a collaboration agreement with Uppal Housing Private Limited and Umang Realtech Private Limited for development of a group housing project. The appellant owns the land on which the project was contemplated. Following the collaboration agreement, the appellant also figures as a party in agreement which is styled as a tripartite agreement.
(2022) 1 LawHeraldSC 85 : (2022) 1 RCRCivil 562

(882) MOHD ZAHID Vs. STATE THROUGH NCB [SUPREME COURT OF INDIA] 07-12-2021
Criminal Procedure Code, 1973 (CrPC) - Section 427 and 427(1) - Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 29 read with Section 21(c) - Illegal trafficking of drugs - Sentence on offender already sentenced for another offence - Appeal against conviction and sentence
(2022) 1 CriLR 112 : (2021) 12 JT 186 : (2022) 1 LawHeraldSC 580 : (2022) 1 RCRCriminal 278 : (2021) 14 SCALE 637

(883) MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PRIVATE LIMITED Vs. SANJEEV KUMAR SHARMA AND OTHERS [SUPREME COURT OF INDIA] 07-12-2021
Consumer Protection Act, 2019 - Section 51 - Appeal to National Commission - Pre-deposit of 50 per cent of amount as ordered by the State Commission under second proviso to Section 51 of the Consumer Protection Act, 2019 is mandatory for entertainment of an appeal by the National Commission
(2022) AIRSC 188 : (2022) AIRSCCivil 531 : (2021) 4 DNJ 1415 : (2021) 12 JT 178 : (2022) 1 LawHeraldSC 222 : (2022) 1 RCRCivil 330 : (2021) 14 SCALE 646

(884) AMUDHAVALI AND OTHERS Vs. P. RUKUMANI AND OTHERS [SUPREME COURT OF INDIA] 07-12-2021
Civil suit - Declaration of ownership - Sale deed - Registration of document is always subject to adjudication of rights of the parties by the competent civil court - Had the appellants not entered their appearance by filing a written statement, it would have been a different situation - It is also to be noted that subsequent to registration of cancellation deed, a portion of the land is transferred to respondent no.8, to an extent of 0.25 cents
(2022) AIRSC 267 : (2022) AIRSCCivil 571 : (2021) 12 JT 174 : (2021) 14 SCALE 626

(885) PARVEEN @ SONU Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 07-12-2021
Penal Code, 1860 (IPC) - Sections 224, 225, 332, 353, 392, 307, 302 and 120-B - Arms Act, 1959 - Section 25, 54 and 59 - Conspiracy - Conviction and sentence - Appeal against - To prove the charge of conspiracy, within the ambit of Section 120-B, it is necessary to establish that there was an agreement between the parties for doing an unlawful act
(2022) AIRSC 270 : (2022) AIRSCCri 280 : (2022) 1 CriLR 122 : (2022) 1 LawHeraldSC 614 : (2022) 1 MLJCriminal 483 : (2022) 1 RCRCriminal 285 : (2021) 14 SCALE 630

(886) UTTAR PRADESH POWER CORPORATION LIMITED AND OTHERS Vs. KISAN COLD STORAGE AND ICE FACTORY AND OTHERS [SUPREME COURT OF INDIA] 07-12-2021
Electricity Act, 2003 - Section 43(6) - Uttar Pradesh Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2007 - Regulation 8.1(i) - A representation to the Ombudsman against a decision of the forum can be preferred only by a consumer - Regulation 8.1(i) providing a right of representation to a Distribution Licensee is completely contrary to Section 43(6) of the Act and, is, therefore, ultra vires. It is trite law that subordinate legislati
(2022) 1 CivCC 295

(887) POOJA RATHOD Vs. TARUN RATHOD [SUPREME COURT OF INDIA] 06-12-2021
The Petitioner is the wife of the Respondent. The petitioner has filed this petition under Section 25 of Code of Civil Procedure, 1908 seeking transfer of H.M.O.P No. 2941 of 2020 titled as "Tarun Rathod Vs. Pooja Rathod" filed by the respondent herein under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, in the Court of the Family Judge at Chennai, Tamil Nadu to the Additional Family Court Judge, City Civil Court at Hyderabad, Telangana State.

(888) AKSHAY N PATEL Vs. RESERVE BANK OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2021
Constitution of India, 1950 - Articles 14, 19(1)(g) and 21 - Foreign Exchange Management Act, 1999 - Section 10(4) and 11(1) - Clause 2(iii) of the Merchanting Trade Transactions Guidelines was a proportionate measure in ensuring the availability of sufficient domestic stock of PPE products - Measure was validly enacted, in pursuance of legitimate state interest and did not disproportionately impact the fundamental rights - Hence, Clause 2(iii) passes muster under Articles 14, 19(1)(g) and 21:
(2021) 14 SCALE 562

(889) MANMOHAN NANDA Vs. UNITED INDIA ASSURANCE CO. LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2021
Consumer Protection Act, 1986 - Sections 2(d) and 21(9) - Mediclaim - Repudiation of policy by insurance company - Appeal against - Object of seeking a mediclaim policy is to seek indemnification in respect of a sudden illness or sickness which is not expected or imminent and which may occur overseas
(2022) ACJ 496 : (2022) 1 LawHeraldSC 17 : (2022) 1 RCRCivil 449 : (2021) 14 SCALE 599

(890) BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LIMITED Vs. NEEMA AGARWAL AND OTHERS [SUPREME COURT OF INDIA] 06-12-2021
Consumer Protection Act, 1986 - Section 12(1)(c) and 13 - Condonation of delay in filing reply to consumer complaint - Issue regarding prospective operation of the Judgment in the case of New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Pvt. Ltd., (2020) 5 SCC 757, Constitution Bench Held, District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consum
(2022) 1 DNJ 63 : (2022) 1 LawHeraldSC 154 : (2022) 1 RCRCivil 340 : (2021) 14 SCALE 656

(891) BANGALORE DEVELOPMENT AUTHORITY Vs. N. NANJAPPA AND ANOTHER [SUPREME COURT OF INDIA] 06-12-2021
Civil Procedure Code, 1908 (CPC) - Order 21 Rules 97, 99 and 101 - Impleadment in execution proceedings - As per Order XXI Rule 101 CPC, all questions including questions relating to right, title or interest in the property arising between the parties to a proceeding on an application under Order XXI rule 97 or rule 99 CPC and relevant to the adjudication of the application shall have to be determined by the Court dealing with the application
(2022) AIRSC 81 : (2022) AIRSCCivil 322 : (2022) 2 AndhLD 50 : (2022) 1 CivCC 55 : (2021) 4 DNJ 1409 : (2021) 12 JT 441 : (2022) 2 KantLJ 259 : (2022) 1 LawHeraldSC 161 : (2022) 1 RCRCivil 337 : (2021) 14 SCALE 594

(892) BASANTI DEVI AND ANOTHER Vs. DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 06-12-2021
Motor Accident Claims - Absence of evidence on record of actual income of deceased - Reduction of compensation - Appeal against - Tribunal rightly considered the income of the deceased at the time of death at least @ 20,000/- p.m - Same was not required to be interfered with by the High Court - Submission on behalf of the respondent – Insurance Company that as no documentary evidence was produced and/or laid in support of the documentary evidence produced on record that the deceased was earning
(2022) ACJ 823 : (2022) 1 RCRCivil 516

(893) SATISH CHAND SURANA Vs. RAJ KUMAR MESHRAM [SUPREME COURT OF INDIA] 06-12-2021
Civil Procedure Code, 1908 (CPC) - Section 107, Order 41 Rule 27 - Production of additional evidence - Section 107 of the CPC carves out an exception to this general rule, enabling the Appellate Court to take additional evidence subject to the conditions prescribed in Order 41 Rule 27 of the CPC. Thus, grant or refusal of the opportunity for production of additional evidence at the appellate stage is within the discretion of the appellate court.
(2022) 1 RCRCivil 598

(894) MOSSA KOYA KP Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 06-12-2021
Criminal Procedure Code, 1973 (CrPC) - Section 389 - Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 21, 29, 61 and 85 - Suspension of sentence - Possession of 1 kg of heroin - Since the appellant has undergone 8 years out of ten years of the total sentence which has been imposed on him - It is a fit and proper case has been made out for the suspension of the sentence under Section 389 CrPC - Appeal allowed.
(2022) 1 RCRCriminal 315

(895) VVF (INDIA) LIMITED Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 03-12-2021
Maharashtra Value Added Tax Act, 2002 - Section 26(6A) - Whether amounts which have been deposited under protest prior to an order of assessment can be adjusted against the mandatory pre-deposit required for filing an appeal under Section 26(6A) of the Maharashtra Value Added Tax Act 2002 - Held, Provisions of a taxing statute have to be construed as they stand, adopting the plain and grammatical meaning of the words used - Consequently, the appellant was liable to pay, in terms of Section 26(6A

(896) PRACHI JAIN Vs. SHREYANSH JAIN [SUPREME COURT OF INDIA] 03-12-2021
Heard the learned counsel appearing for the petitioner and the learned Senior Advocate appearing for the respondent. Perused the application filed by the respondent. By the said application, the respondent is seeking a permission to withdraw Hindu Marriage Petition bearing H.M.A. No. 2553 of 2019 filed by him in respect of which the prayer for transfer has been made in this petition.

(897) VANDANA SINGH Vs. PRASHANT KUMAR [SUPREME COURT OF INDIA] 03-12-2021
The parties signed the final deed of settlement dated 24th February, 2021. An amendment agreement dated 28th September, 2021 to the said final deed of settlement is placed on record by the Supreme Court Mediation Centre.

(898) COMMISSIONER OF INCOME TAX (IT-4), MUMBAI Vs. M/S RELIANCE TELECOM LIMITED [SUPREME COURT OF INDIA] 03-12-2021
Income Tax Act, 1961 - Section 254(2) - Recalling of earlier order - Merely because the Revenue might have in detail gone into the merits of the case before the ITAT and merely because the parties might have filed detailed submissions, it does not confer jurisdiction upon the ITAT to pass the order de hors Section 254(2) of the Act - Powers under Section 254(2) of the Act are only to correct and/or rectify the mistake apparent from the record and not beyond that
(2021) 12 JT 58 : (2021) 14 SCALE 529

(899) UNION OF INDIA AND OTHERS Vs. MUDRIKA SINGH [SUPREME COURT OF INDIA] 03-12-2021
Constitution of India, 1950 - Article 21 - Right to life and right to dignity - It is important that courts uphold the spirit of the right against sexual harassment, which is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution - A rising trend of invalidation of proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable service rules. For instance, the Sexual Harassment of Women at Workplace (Pre
(2021) 14 SCALE 509 : (2022) 4 SCT 81

(900) M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER Vs. K.P. DWIVEDI [SUPREME COURT OF INDIA] 03-12-2021
Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Section 19 - High Court's power of revision - Revision Application to the High Court shall be maintainable only against the award passed by the learned Arbitral Tribunal - Rejecting the reference petition as not maintainable.
(2021) 12 JT 471 : (2021) 14 SCALE 462

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