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(941) THE STATE OF JAMMU & KASHMIR AND OTHERS Vs. DR. SALEEM UR REHMAN [SUPREME COURT OF INDIA] 29-10-2021
Jammu and Kashmir Prevention of Corruption Act, 2006 - Section 5(1)(d) r/w 5(2) - Ranbir Penal Code, 1989 - Section 120B - Misappropriation of huge amount of government money by way of effecting purchases of sub-standard medical kits under National Rural Health Mission (NRHM) at highly exorbitant rates and in violation of the conditions of supply orders placed by the department
(2022) 1 CriLR 174 : (2021) 4 Crimes 233 : (2021) 4 RCRCriminal 671 : (2021) 13 SCALE 88

(942) STATE OF KERALA AND ANOTHER Vs. M/S POPULAR ESTATES (NOW DISSOLVED) AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 3 and 8 - Forest lands - Settlement of disputes - Respondent successfully urged before the High Court that what was demarcated was only 100 hectares and the others were not demarcated since they were cultivated - This was borne out by the final report
(2021) AIRSC 5593 : (2021) AIRSCCivil 3021 : (2021) 6 KLT 208 : (2021) 13 SCALE 66

(943) MAHENDRA K C Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 29-10-2021
Criminal Procedure Code, 1973 (CrPC)- Section 482 - Penal Code, 1860 (IPC) - Section 306 - Abetment of suicide - Suicide note - Investigation stayed and Proceedings quashed - Appeal against - Alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account
(2021) AIRSC 5711 : (2021) AIRSCCivil 1560 : (2021) 4 CriLR 1544 : (2021) 11 JT 15 : (2021) 4 RCRCriminal 653 : (2021) 13 SCALE 23 : (2022) 2 SCC 129 : (2022) 1 SCCCri 401

(944) DR. SUSHIL KUMAR TRIPATHI Vs. JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER [SUPREME COURT OF INDIA] 29-10-2021
University Grants Commission Act, 1956 - Section 12(b) - Abolition of post - Appeal against - University had the power to abolish any department but not the post sanctioned under the Tenth Plan by the UGC - Post held by the appellant was sanctioned and financially supported by the UGC under the Tenth Plan, and the same would not have been automatically abolished at the end of the Plan - Termination of services of the appellant was illegal and not in accordance with law - Appeal allowed.
(2021) AIRSC 5702 : (2021) AIRSCCivil 3039 : (2021) 10 JT 421 : (2021) 13 SCALE 56 : (2021) 4 SCT 436

(945) NARAYANA PRASAD SAHU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 29-10-2021
Prevention of Food Adulteration Act, 1954 - Section 13(2) - Food Adulteration - Report of public analyst - If a copy of the report of the Public Analyst is not delivered to the accused, his right under sub-section (2) of Section 13 of praying for sending the sample to the Central Food Laboratory will be defeated - Consequently, his right to challenge the report will be defeated
(2021) 4 CriCC 295 : (2021) 4 CriLR 1629 : (2021) 4 Crimes 431 : (2021) 10 JT 431 : (2021) 4 RCRCriminal 669 : (2021) 13 SCALE 84 : (2022) 1 SCC 87

(946) THE TRANSPORT CORPN. OF INDIA LIMITED THROUGH SANTNU PATRA MANAGER - LEGAL Vs. EMPLOYEES STATE INSURANCE CORPN. AND OTHERS [SUPREME COURT OF INDIA] 29-10-2021
Employees State Insurance Act, 1948 – Section 45-A – Determination of contribution - Employer had provided better medical facilities to the employees than what are provided under the said Act of 1948 and there were no complaints by the employees or their Unions about the medical services provided - It was found that without paying contribution, the object of the said Act of 1948 was fulfilled.
(2021) AIRSC 5389 : (2022) AIRSCCivil 193 : (2021) 4 DNJ 1225 : (2021) 11 JT 1 : (2021) 13 SCALE 130 : (2021) 4 SCT 413

(947) THE STATE OF KERALA AND OTHERS Vs. ROOPESH [SUPREME COURT OF INDIA] 29-10-2021
National Investigation Agency Act, 2008 - Section 21(1)(2) - Penal Code, 1860 (IPC) - Section 124-A - Unlawful Activities (Prevention) Act, 1967 - Section 20, Section 38 - Discharge - Appeal against - In view of Section 21(1) of the NIA Act, the revision application against the order passed by the Special Court refusing to discharge the accused ought to have been heard by the Division Bench as mandated under sub-section (2) of Section 21 of the NIA Act - Therefore, it is prayed to allow the pres
(2021) 4 CriCC 318

(948) RAJNEESH KUMAR PANDEY AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-10-2021
Right of Children to Free and Compulsory Education Act, 2009 - Section 2(ee), 3(3) and 20 - Petitions under Article 32 of the Constitution of India are filed in representative capacity, to espouse the cause of teachers having B.Ed. (Special) and D.Ed. (Special) degree/diploma courses and fully trained to cater to the requirements of Children/Child with Special Needs also known as Divyang/CwSN, including to impart them education and make them independent
(2021) 11 ADJ 26 : (2021) 13 SCALE 199

(949) RASHID WALI BEG Vs. FARID PINDARI AND OTHERS [SUPREME COURT OF INDIA] 28-10-2021
Waqf Act, 1995 - Sections 83 and 85 - Suit for permanent injunction - Bar of jurisdiction of civil court - It is well settled that the court cannot do violence to the express language of the statute - Section 83(1) even as it stood before the amendment, provided for the determination by the Tribunal, of any dispute, question or other matter (i) relating to a waqf; and (ii) relating to a waqf property
(2021) 6 AllWC 5777 : (2021) 4 CivCC 764 : (2021) 4 DNJ 1290 : (2021) 4 JLJR 419 : (2021) 6 KLT 482 : (2021) 8 MLJ 259 : (2021) 4 PLJR 381 : (2021) 4 RCRCivil 718 : (2021) 13 SCALE 168

(950) BADRILAL Vs. SURESH AND OTHERS [SUPREME COURT OF INDIA] 28-10-2021
Succession Act, 1925 - Section 70 - Revocation of unprivileged Will - In view of Section 70, revocation can be made only by following modes:
(2021) 6 BLJ 308 : (2021) 4 CivCC 812 : (2021) 4 DNJ 1221 : (2021) 4 RCRCivil 692 : (2021) 13 SCALE 275

(951) RAJNEESH KUMAR PANDEY AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-10-2021
Right of Children to Free and Compulsory Education Act, 2009 - Section 2(ee), 3(3) and 20 - Petitions under Article 32 of the Constitution of India are filed in representative capacity, to espouse the cause of teachers having B.Ed. (Special) and D.Ed. (Special) degree/diploma courses and fully trained to cater to the requirements of Children/Child with Special Needs also known as Divyang/CwSN, including to impart them education and
(2021) 11 ADJ 26 : (2021) 6 AllWC 5357

(952) MUBINKHAN Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 28-10-2021
The instant appeal by way of special leave is directed against order dated 02.09.2010 passed by the Bombay High Court whereby the High Court partly allowed the appeal filed by the appellant herein thereby acquitting him under Section 498A of the Indian Penal Code and upholding his conviction under Section 302 IPC.

(953) DR. JOE JOSEPH AND OTHERS Vs. STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 28-10-2021
Dam Safety Act, 2021 - Section 9 - Mullaperiyar dam dispute - Until the regular National Dam Safety Authority (NDSA) becomes functional, the Supervisory Committee, as reconstituted in terms of this order, shall be accountable for all matters relating to safety of the Dam including referred to in the 2021 Act and discharge the functions of NDSA specified in Section 9 of the 2021 Act.

(954) SITA RAM AND OTHERS Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 28-10-2021
Penal Code, 1860 (IPC) – Sections 300 and 304-II - Culpable homicide not amounting to murder - Deceased had died as a result of injuries which were suffered by a blunt object, such as, lathi - Not a single injury could be associated with any sharp cutting weapon - Similarly, most of the injuries suffered by the injured prosecution witnesses were also by a blunt object - Record indicates that the place of occurrence was in an agricultural field
(2021) AIRSC 5392 : (2021) AIRSCCri 1527 : (2022) 1 AndhLDCriminal 239 : (2021) 4 CriLR 1534 : (2021) 4 Crimes 251 : (2021) 4 RCRCriminal 838 : (2021) 13 SCALE 280

(955) THWAHA FASAL Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 28-10-2021
Unlawful Activities (Prevention) Act, 1967 - Sections 20, 38, 39 and 43D(5) - Bail - Association with terrorist organisation - Section 39 deals with the offences relating to support given to a terrorist organisation. It covers three kinds of offences under clauses (a), (b) and (c) of sub-section (1) of Section 39. The offences punishable under clauses (a), (b) and (c) of sub-section (1) of Section 39 are attracted only when the actions incorporated therein are done with intention to further the
(2021) 3 ALTCrl 441 : (2022) 1 BCR 368 : (2021) 10 JT 441 : (2021) 13 SCALE 1

(956) SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH Vs. THE STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 28-10-2021
A. Penal Code, 1860 (IPC) - Section 420 - Negotiable Instruments Act, 1881 (NI) - Section 138 - Cheating - Dishonour of cheque - Discharge from criminal proceeding - Appeal against - There was a transaction between the parties towards which a legally recoverable debt was claimed by the appellant and the cheque issued by the respondent No.2 was presented - On such cheque being dishonoured, cause of action had arisen for issuing a notice and presenting the criminal complaint under Section 138 of N
(2021) AIRSC 5732 : (2022) ALLMRCri 355 : (2021) 3 ALTCrl 494 : (2022) 1 AndhLDCriminal 371 : (2021) 4 BC 548 : (2022) 1 CivCC 266 : (2021) 4 CriCC 762 : (2021) 4 CriLR 1558 : (2021) 4 Crimes 273 : (2021) 4 JabLJ 597 : (2021) 4 JLJR 199 : (2021) 10 JT 463 : (2021) 6 KHC 207 : (2022) 1 MhLJCrl 587 : (2021) 4 PLJR 161 : (2021) 4 RCRCriminal 620 : (2021) 12 SCALE 766

(957) YATIN NARENDRA OZA Vs. HIGH COURT OF GUJARAT [SUPREME COURT OF INDIA] 28-10-2021
Constitution of India, 1950 - Articles 32 and 142 - Making allegations of impropriety against the Institution of the High Court - Withdrawal of Senior Gown - Contempt of Court - Adverse comments were made by Petitioner while he was the President of the Gujarat High Court Advocates - Restore of designation - More severe the deleterious effects of a measure, the more important the objective must be if the measure is to be reasonable and demonstrably justified in a free and democratic society
(2021) AIRSC 5578 : (2021) AIRSCCivil 2973 : (2021) 10 JT 473

(958) UNION OF INDIA Vs. BHARTI AIRTEL LTD. AND OTHERS [SUPREME COURT OF INDIA] 28-10-2021
Central Goods and Services Tax Act, 2017 - Sections 37, 38 and 39(9) - Rectification and Returns - Matching and correction process happens on its own as per the mechanism specified in Sections 37 and 38, after which Form GSTR­3 is generated for the purposes of submission of returns; and once it is submitted, any changes thereto may have cascading effect - Therefore, the law permits rectification of errors and omissions only at the initial stages of Forms GSTR­1 and GSTR­3, but in the specified m
(2021) AIRSC 5659 : (2022) AIRSCCivil 75 : (2021) 13 SCALE 301

(959) K.V. ANIL MITHRA AND ANOTHER Vs. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT AND ANOTHER [SUPREME COURT OF INDIA] 27-10-2021
Industrial Disputes Act, 1947 - Section 25F - Termination - Claim benefit under Section 25F of the Act 1947 - Entitlement - Merely because appointments are not in accordance with the procedure prescribed under the Ordinance would not disentitle them from claiming protection under provisions of the Act 1947 - Nature of service rendered by the appellants as daily wager for a short period, while upholding the termination of the appellants being in violation of Section 25F of the Act 1947
(2021) 4 DNJ 1207 : (2021) 10 JT 477 : (2021) 12 SCALE 750 : (2021) 4 SCT 415

(960) ANANT RAJ LIMITED (FORMERLY M/S. ANANT RAJ INDUSTRIES LIMITED) Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 27-10-2021
Constitution of India, 1950 - Article 14 - Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 - Section 5 - Haryana Development and Regulation of Urban Areas Act, 1975 - Section 3 - Grant of licence to set up a group housing colony - Principle of First Come First Serve basis - Principle of First Come First Serve basis which has been adopted by the State in the facts of the instant case is neither held to be rational nor in public interest and is in viola
(2021) 4 RCRCivil 707 : (2021) 13 SCALE 151

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