(921) THE STATE OF BIHAR AND OTHERS Vs. PAWAN KUMAR AND OTHERS ETC [SUPREME COURT OF INDIA] 10-11-2021 Mining of sand - Appellant-State of Bihar submitted that the Tribunal has grossly erred in holding that unless the State Expert Appraisal Committee and the State Environment Impact Assessment Authority grants approval to the District Survey Report for the purpose of mining of sand, the same cannot be carried out (2021) 11 ADJ 385 : (2021) 6 BLJ 249 : (2021) 11 JT 413 : (2021) 13 SCALE 379
(922) RATNAM SUDESH IYER Vs. JACKIE KAKUBHAI SHROFF [SUPREME COURT OF INDIA] 10-11-2021 Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - 2015 amendment to Section 34 will apply only to Section 34 applications that have been made to the Court on or after 23.10.2015, irrespective of the fact that the arbitration proceedings may have commenced prior to that date (2021) 11 JT 207 : (2022) 1 RCRCivil 94 : (2021) 13 SCALE 400
(923) IN RE: INACTION OF THE GOVERNMENTS IN APPOINTING PRESIDENT AND MEMBERS/STAFF OF DISTRICTS AND STATE CONSUMER DISPUTES REDRESSAL COMMISSION AND INADEQUATE INFRASTRUCTURE ACROSS INDIA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-11-2021 In the Order dated 22.10.2021 we had mentioned about the representation received from the members of the State Consumer Disputes Redressal Commission, U.P. It appears that the same was separately also received
(924) BHUPESH RATHOD Vs. DAYASHANKAR PRASAD CHAURASIA AND ANOTHER [SUPREME COURT OF INDIA] 10-11-2021 Negotiable Instruments Act, 1881 (NI) - Section 138 - Dishonour of cheque - Name of the Managing Director first followed by the company's name - Complaint not liable to be dismissed (2021) AIRSC 5726 : (2021) AIRSCCivil 1588 : (2022) 1 ALTCrl 1 : (2022) 1 AndhLDCriminal 243 : (2021) 4 CivCC 602 : (2021) 4 CriCC 108 : (2021) 4 Crimes 282 : (2021) 4 GujLH 545 : (2021) 11 JT 418 : (2021) 6 KHC 368 : (2022) 1 RCRCriminal 85 : (2021) 13 SCALE 392 : (2022) 2 SCC 355 : (2022) 1 SCCCri 514
(925) PUSAPATI ASHOK GAJAPATHI RAJU AND ANOTHER Vs. PUSAPATI MADHURI GAJAPATHI RAJU AND OTHERS Q[SUPREME COURT OF INDIA] 09-11-2021 The Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") by Respondent No.1 was dismissed by the District Judge, Vizianagaram and the interim award of the Arbitrator dated 26.05.2007 was upheld. (2022) 1 RCRCivil 86 : (2021) 13 SCALE 384
(926) NANDLAL LOHARIYA Vs. JAGDISH CHAND PUROHIT AND OTHERS [SUPREME COURT OF INDIA] 08-11-2021 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'National Commission') dated 25.11.2019 in Revision Petition No. 380/2019 and order dated 07.01.2020 passed by the learned National Commission in Review Application No. 348/2019 in Revision Petition No. 380/2019, (2021) 6 CTC 606 : (2022) 1 RCRCivil 93
(927) STATE OF CHHATTISGARH AND ANOTHER Vs. M/S SAL UDYOG PRIVATE LIMITED [SUPREME COURT OF INDIA] 08-11-2021 Arbitration and Conciliation Act, 1996 - Sections 34, 34(2A) and 37 - Setting aside of arbitral award - Plea of waiver taken against the appellant-State on the ground that it did not raise such an objection in the grounds spelt out in the Section 34 petition and is, therefore, estopped from taking the same in the appeal preferred under Section 37 or before this Court, would also not be available to the respondent (2021) AIRSC 5503 : (2021) AIRSCCivil 2976 : (2021) 11 JT 148 : (2021) 13 SCALE 331
(928) BIJENDER @ MANDAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 08-11-2021 Penal Code, 1860 (IPC) - Sections 392 and 397 - Robbery with attempt to cause death or grievous hurt - Disclosure statement - Conviction and sentence - Appeal against - At times the Court can convict an accused exclusively on the basis of his disclosure statement and the resultant recovery of inculpatory material (2022) AIRSC 466 : (2022) AIRSCCri 388 : (2021) 4 CriLR 1658 : (2021) 4 Crimes 215 : (2021) 11 JT 188 : (2022) 1 MLJCriminal 179 : (2021) 13 SCALE 325 : (2022) 1 SCC 92
(929) IRAPPA SIDDAPPA MURGANNAVAR Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 08-11-2021 Penal Code, 1860 (IPC) - Sections 302, 376, 364, 366A, and 201 - Rape and Murder - Modification of sentence - Death Sentence to life imprisonment - Recovery of dead body on the basis of disclosure statement of accused (2021) 4 CriLR 1647 : (2021) 4 Crimes 221 : (2021) 11 JT 220 : (2021) 4 RCRCriminal 856 : (2021) 13 SCALE 344 : (2022) 2 SCC 801 : (2022) 1 SCCCri 553
(930) JOGI AND OTHERS Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 08-11-2021 Criminal Procedure Code, 1973 (CrPC) - Section 374 - Appeal against conviction - Jurisdiction - High Court was dealing with a substantive appeal under the provisions of Section 374 of the Code of Criminal Procedure 19731 - In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the culpability or otherwise of the accused on the basis of the evidentiary material. As the judgment of (2021) 4 CriCC 524 : (2021) 4 JabLJ 507 : (2022) 1 MhLJCrl 598
(931) MAYAN Vs. MUSTAFA AND ANOTHER [SUPREME COURT OF INDIA] 08-11-2021 Employees Compensation Act, 1923 - Section 30 - An appeal against the award was maintainable only on substantial question of law in terms of Section 30 of the Employees Compensation Act, 1923. (2022) ACJ 524 : (2021) 4 SCT 737
(932) GOUTAM ROY AND ANOTHER Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 01-11-2021 These appeals emanate from the common judgment of the High Court of Calcutta dated 29.10.2021. The same were first taken up at 11.00 am today when following order was passed:
(933) DAYLE DE'SOUZA Vs. GOVERNMENT OF INDIA THROUGH DEPUTY CHIEF LABOUR COMMISSIONER (C) AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021 Criminal Procedure Code, 1973 (CrPC) - Sections 200 and 482 - Minimum Wages Act,1948 - Section 22C(1), 21(4), 22, 25(2), 26(1) and 26(5) - Minimum Wages (Central) Rules,1950 - Section 22A - Summoning order - Quashing of - Sub-section (1) to Section 22C states that where an offence is committed by a company, every person who at the time the offence was committed was in-charge of and was responsible to the company for the conduct of the business, as well as the company itself shall be deemed to be (2021) AIRSC 5626 : (2021) AIRSCCri 1547 : (2021) 4 CriLR 1632 : (2021) 13 SCALE 134 : (2021) 4 SCT 660
(934) HARIRAM BHAMBHI Vs. SATYANARAYAN AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021 Penal Code, 1860 (IPC) - Sections 302 and 201 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 15A, 15A(3) and 15A(5) - Murder - Cancellation of bail - Notice issued to victim under sub-sections (3) and (5) of Section 15A are mandatory in nature - In the present case, it is evident that the right to notice and to be heard were violated - Sub-section (3) of Section 15A provides that a reasonable and timely notice must be issued to the victim or their dep (2021) AIRSC 5610 : (2021) AIRSCCri 1538 : (2021) 4 CriLR 1574 : (2021) 11 JT 4 : (2021) 4 RCRCriminal 629 : (2021) 13 SCALE 45
(935) BHOOPENDRA SINGH Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021 Penal Code, 1860 (IPC) - Sections 147, 148, 149, 323, 341, 307, 302 and 336 - Murder - Cancellation of bail - There is a specific allegation that the second respondent has actively aided the commission of the crime by furnishing information about the movements of the deceased to the killers - High Court has failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent - Bail cancelled - Appeal allowed. (2021) AIRSC 5514 : (2021) AIRSCCri 1532 : (2021) 4 CriCC 252 : (2021) 4 CriLR 1622 : (2021) 10 JT 434 : (2021) 4 RCRCriminal 664 : (2021) 13 SCALE 38
(936) STATE OF ORISSA AND OTHERS Vs. PREMALATA MOHAPATRA (DEAD) THROUGH LRS. [SUPREME COURT OF INDIA] 29-10-2021 The challenge in the present appeals is to an order passed by the High Court of Orissa on 12.4.2016 directing the Collector and the Tehsildar, respondent Nos. 2 and 3 before the High Court (appellants herein) to demarcate the land of 5 acres in respect of the lease case initiated in the year 1967 and to handover the possession of the said land preferably within a period of four weeks.
(937) GANESAN AND OTHER Vs. STATE REP. BY STATION HOUSE OFFICER AND OTHER [SUPREME COURT OF INDIA] 29-10-2021 Penal Code, 1860 (IPC) – Sections 391, 395 and 397 - Robbery, or dacoity, with attempt to cause death or grievous hurt - Mere acquittal of some of the accused on the same evidence by itself does not lead to a conclusion that all deserve to be acquitted in case appropriate reasons have been given on appreciation of evidence both in regard to acquittal and conviction of the accused - Conviction of accused for offence punishable under Section 397 IPC is hereby set aside and the appellants–accused a (2021) AIRSC 5643 : (2021) AIRSCCivil 1573 : (2021) 4 CriLR 1606 : (2021) 4 RCRCriminal 710 : (2021) 13 SCALE 284
(938) A.T. MYDEEN AND ANOTHER Vs. THE ASSISTANT COMMISSIONER, CUSTOMS DEPARTMENT [SUPREME COURT OF INDIA] 29-10-2021 Criminal Procedure Code, 1973 (CrPC) - Sections 273, 275, 276, 278, 279, 299, 367 and 391 - Evidence Act, 1872 - Section 33 - Recording of evidence - Separate Trial - Whether the evidence recorded in a separate trial of co-accused can be read and considered by the appellate court in a criminal appeal arising out of another separate trial conducted against another accused, though for the commission of the same offence (2021) 4 CriLR 1664 : (2021) 4 Crimes 418 : (2021) 378 ELT 564 : (2021) 4 RCRCriminal 686 : (2021) 13 SCALE 109
(939) SARABJEET SINGH MOKHA Vs. THE DISTRICT MAGISTRATE, JABAIPUR AND OTHERS [SUPREME COURT OF INDIA] 29-10-2021 Constitution of India, 1950 - Article 22(4) - National Security Act, 1980 - Section 3(2) - Disaster Management Act, 2005 - Section 53 - Epidemic Diseases Act, 1897 - Section 3 - Penal Code, 1860 (IPC) - Sections 274, 275, 308, 420 and 120B - Procuring fake Remdesivir injections which were administered to patients during the Covid-19 pandemic in order to make illegal profits thereby endangering the life of the general public (2022) ALLMRCri 365 : (2021) 3 ALTCrl 418 : (2021) 4 CriLR 1678 : (2021) 4 RCRCriminal 637 : (2021) 13 SCALE 250
(940) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SUNITA [SUPREME COURT OF INDIA] 29-10-2021 A. Insurance policy - Interpretation of - Rewrite - It is clear that the terms of insurance policy have to be strictly construed, and it is not permissible to rewrite the contract while interpreting the terms of the Policy. (2021) 4 ACC 348 : (2021) ACJ 2731 : (2021) 6 AllWC 5808 : (2021) 4 CPJ 15 : (2021) 4 DNJ 1262 : (2021) 4 JLJR 270 : (2021) 10 JT 417 : (2021) 4 PLJR 232 : (2021) 4 RCRCivil 715 : (2021) 13 SCALE 125 : (2022) 1 SCC 68 : (2022) 1 SCCCivil 312