(901) SURENDRAN Vs. SUB-INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 30-06-2021 Penal Code, 1860 (IPC) - Sections 279, 337 and 338 - Accident - Incident took place on 16.02.1995 i.e. more than 26 years ago - It appears that appellant was throughout on the bail - Trial Court after marshalling the evidence has recorded the conviction under Section 279, 338 and awarded sentence of imprisonment of six months and further sentenced to pay a fine of Rs. 500/- under Section 337 - Not find any error in conviction recorded by the Trial Court - conviction of appellant is affirmed, how (2021) AIRSC 3197 : (2021) 3 ALTCrl 247 : (2021) 3 BomCR(Cri) 349 : (2021) 7 JT 73 : (2021) 3 RCRCriminal 443 : (2021) 7 SCALE 572
(902) THE STATE OF ODISHA AND OTHERS Vs. ORISSA PRIVATE ENGINEERING COLLEGE ASSOCIATION (OPECA) AND ANOTHER [SUPREME COURT OF INDIA] 29-06-2021 This appeal arises from an order of a Division Bench of the High Court of Orissa dated 21 January 2021. The High Court has allowed a writ petition filed by the first respondent allowing institutions imparting education to grant admission to the students for the B.Tech (Engineering) degree course for academic session 2020-21 on the basis of the marks obtained in the qualifying examinations. This is purportedly in relaxation of a statutory requirement that all admissions have to be based on a cent (2021) 8 SCALE 116
(903) IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS[SUPREME COURT OF INDIA] 29-06-2021 Constitution of India, 1950 - Article 21 - Fundamental right to life - Constitution of India does not have any explicit provision regarding right to food - Fundamental right to life enshrined in Article 21 of the Constitution may be interpreted to include right to live with human dignity, which may include the right to food and other basic necessities. (2021) AIRSC 3100 : (2021) 7 JT 363 : (2021) 3 LLJ 225 : (2021) 7 SCALE 543
(904) M/S. SILPI INDUSTRIES ETC. Vs. KERALA STATE ROAD TRANSPORT CORPORATION AND ANOTHER ETC. [SUPREME COURT OF INDIA] 29-06-2021 Arbitration and Conciliation Act, 1996 - Sections 11(6) and 43 - Micro, Small and Medium Enterprises Development Act, 2006 - Sections 15, 17, 18 and 18(3) - Provisions of Limitation Act, 1963 is applicable to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006. (2021) 7 JT 133 : (2021) 4 KLT 242 : (2021) 2 LawHeraldSC 1555 : (2021) 3 RCRCivil 394 : (2021) 7 SCALE 631
(905) G. MOHAN RAO Vs. STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 29-06-2021 Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 - No irreconcilability between the High Court judgment - Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 to be a legitimate legislative exercise and find it to be consistent with and within the four corners of Article 254 of the Constitution of India and also of the High Court judgment. (2021) AIRSC 3126 : (2021) 7 SCALE 706
(906) BIKRAM CHATTERJI Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 29-06-2021 Amrapali La Residentia Project - Delay in construction/development - Hand over the construction/development to the NBCC - It would not be just and proper to hand over the development at this stage to the NBCC as prayed for by the Association and the applicants supporting the Association - Difference between the amounts received from the concerned flat buyers for purchase of said 632 flats and the expenditure incurred on cost of construction shall finally be credited to the general account mainta (2021) 7 SCALE 684
(907) UNION OF INDIA Vs. SHIV SANGRAM AND OTHERS [SUPREME COURT OF INDIA] 28-06-2021 Review petition - Interpretation of 102nd Constitution Amendment - Grounds taken in the review petition do not fall within the limited ground on which review petition can be considered - Various grounds taken in the review petition have already been dealt with in the main judgment - Review petition dismissed.
(908) THE STATE OF KERALA AND OTHERS Vs. LEESAMMA JOSEPH [SUPREME COURT OF INDIA] 28-06-2021 Service Law - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 recognizes right to reservation in promotion. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Section 32 - Identification of the posts was a prerequisite to appointment, but then the appointment cannot be frustrated by refusing to comply with the prerequisite. (2021) AIRSC 3076 : (2021) 4 ALTCrl 122 : (2021) 5 AndhLD 42 : (2021) 3 JabLJ 137 : (2021) 7 JT 393 : (2021) 4 KHC 318 : (2021) 4 KLT 191 : (2021) 2 LawHeraldSC 1408 : (2021) 5 MLJ 196 : (2021) 7 SCALE 604
(909) SHAIK AHMED Vs. STATE OF TELANGANA [SUPREME COURT OF INDIA] 28-06-2021 Penal Code, 1860 (IPC) - Section 364A - Kidnapping for Ransom - No threatened to cause death or hurt - For conviction under Section 364A IPC - Necessary to prove threat to cause death or Harm - Conviction and sentence of appellant under Section 364A is set aside - Appellant is convicted for offence under section 363 of kidnapping and sentenced to imprisonment of seven years and fine of Rs. 5,000 - Appeal partly allowed. (2021) AIRSC 3062 : (2021) 2 AndhLDCriminal 609 : (2021) 3 JabLJ 61 : (2021) 7 JT 474 : (2021) 4 KantLJ 54 : (2021) 3 RCRCriminal 421 : (2021) 7 SCALE 616
(910) SANJAY PRAKASH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-06-2021 Supreme Court Rules, 2013 - Clause 2 of Order XV - Impleadment a party - To proceeding on basis of having filed caveat application - Caveators have the right of being notified of the lodging of the SLPs in terms of Clause 2 of Order XV of the Supreme Court Rules, 2013, mere filing of caveat application cannot grant them an entry into a Petition for Special Leave to Appeal - Filing of Caveat by itself does not entitle them to be treated as a party to the proceeding. (2021) 4 KHC 443 : (2021) 5 MLJ 334 : (2021) 7 SCALE 745
(911) ANIL MAJHI AND OTHERS Vs. THE STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 25-06-2021 Appeal - Permission to visit native place - Applicant is 75 years of age and his wife resides in the District Hoogly which is his native place - No incident of misconduct by the appellant has been reported during the period he has been on bail for more than 16 months - Appellant shall be permitted to visit his native place.
(912) ANUBHA SHRIVASTAVA SAHAI AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-06-2021 Education Law - Schemes for assessment for the cancelled Class 12 physical exams - Direction to all the State Boards to ensure that the Schemes are formulated and notified at the earliest and not later than 10 days from 24-06-2021 and also declare the results of internal assessment by 31.07.2021, which is the time-line specified for C.B.S.E. and I.C.S.E.
(913) S. SHANKAR Vs. THE ELECTION COMMISSION OF INDIA [SUPREME COURT OF INDIA] 22-06-2021 Election Law - Conduct of Elections in Tamil Nadu in Time Bound Manner - This Court grant extension of time till 15th September, 2021 to complete the entire process including publication/notification of election schedule and the result thereof before 15th September, 2021 as the constitutional mandate to conduct elections in the time bound manner cannot be defeated in this manner.
(914) MUN MUN DUTTA Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 18-06-2021 Criminal Law - Investigation of FIRs - Stay of - Using casteist word against Scheduled Caste communities in a video - Different FIRs. have been lodged in different States - Investigation stayed.
(915) STATE OF NCT OF DELHI Vs. DEVANGANA KALITA [SUPREME COURT OF INDIA] 18-06-2021 Ms. Pritha Kumar accepts notice in SLP(crl.) No. 4287/2021 and Ms. Pragya Baghel, learned counsel accepts notice in SLP(Crl.) Nos. 4289/2021 and 4288/2021.
(916) STATE OF NCT OF DELHI Vs. DEVANGANA KALITA [SUPREME COURT OF INDIA] 18-06-2021 Ms. Pritha Kumar accepts notice in SLP(crl.) No. 4287/2021 and Ms. Pragya Baghel, learned counsel accepts notice in SLP(Crl.) Nos. 4289/2021 and 4288/2021.
(917) UNION OF INDIA AND OTHERS Vs. M/S. RAJ GROW IMPEX LLP AND OTHERS [SUPREME COURT OF INDIA] 17-06-2021 Customs Act, 1962 - Sections 125 - Absolute confiscation - Import of Goods (Peas and Pulses) in violation of notifications of Central Government and Director General of Foreign Trade (DGFT) issued under the Foreign Trade (Development and Regulation) Act (FTDR Act) - Goods having been imported in contravention of the notifications dated 29.03.2019 and trade notice dated 16.04.2019; and being of import beyond the permissible quantity and without licence, are 'prohibited goods' for the purpose of t (2021) AIRSC 2993 : (2021) 7 JT 489 : (2021) 7 SCALE 477
(918) CHUNNI LAL GABA Vs. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 15-06-2021 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Covid 19 Pandemic - Non-listing of Bail Application pending since 28.02.2020 - Accused has a right to hearing of his application for bail - Denial of hearing is an infringement of right and liberty assured to an accused - When all Courts are making attempts to hear and decide all matter, non-listing of such an application for bail defeats the administration of justice - Under the prevailing pandemic, at least half of the judges should sit on a
(919) MASSIMILANO LATORRE AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-06-2021 Penal Code, 1860 (IPC) - Sections 302, 307, 427 read with Section 34 - Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 - Section 3 - Constitution of India, 1950 - Article 142 - An unfortunate incident which took place on 15.02.2012, Two Indian fishermen were killed while fishing off the coast of Kerala after allegedly two Italian Military Naval officials fired at them from a passing ship - Arbitral Tribunal constituted under A (2021) 7 SCALE 472
(920) IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES[SUPREME COURT OF INDIA] 07-06-2021 Juvenile Justice (Care and Protection of Children) Act, 2015 - Illegal adoption of children whose parents died of Covid-19 - No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015 - Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA - Stringent action shall be taken by the State Governments/Union Territories against agencies / individuals who are responsible for i