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(941) UTTAR PRADESH POWER TRANSMISSION CORPORATION LIMITED AND ANOTHER Vs. CG POWER AND INDUSTRIAL SOLUTIONS LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 12-05-2021
Building and Other Construction Workers Welfare Cess Act, 1996 - Sections 3, 3(1) and 3(2) - Levy and assessment of cess - Audit objection of CAG - If cess were leviable under the Cess Act, it would be necessary for the concerned authorities to undertake the exercise of assessment and levy of cess under the Cess Act of 1996 as amended, before the same could be realized from a contractor - High Court found that in the absence of any order for levy and assessment under the Cess Act of 1996 recover
(2021) AIRSC 2411 : (2021) 2 JLJR 388 : (2021) 5 JT 43 : (2021) 2 PLJR 396 : (2021) 7 SCALE 187 : (2021) 6 SCC 15

(942) GAUTAM NAVLAKHA Vs. NATIONAL INVESTIGATION AGENCY [SUPREME COURT OF INDIA] 12-05-2021
Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Penal Code, 1860 (IPC) - Sections 120B 153A, 505(1B) and 34 - Unlawful Activities (Prevention) Act, 1967 - Sections 13, 16, 17, 18, 18B, 20, 38 and 40 - National Security Act, 1980 - Section 5 - Default bail - Appellant included the 34-day period of house arrest while computing the period for filing charge-sheet - House-arrest period was declared to unlawful custody by High Court - It is an indispensable requirement to claim the benefit of
(2021) 2 ALTCrl 321 : (2021) 3 BomCR(Cri) 103 : (2021) 2 Crimes 295 : (2021) 6 JT 289 : (2021) 3 RCRCriminal 314 : (2021) 7 SCALE 379

(943) TRIDHARA MOHANTY @ PATTNAIK Vs. STATE OF ODISHA [SUPREME COURT OF INDIA] 11-05-2021
These appeals filed by appellants Braja Mohan Pattnaik and Tridhara Mohanty @ Pattnaik, take exception to the conditions imposed by the High Court of Orissa at Cuttack, while granting them bail and submit inter alia that the conditions are onerous and impossible to be complied with, and consequently, the relief of bail would stand denied to the appellants.
(2021) AIRSC 2712

(944) TRIDHARA MOHANTY @ PATTNAIK Vs. STATE OF ODISHA [SUPREME COURT OF INDIA] 11-05-2021
These appeals filed by appellants Braja Mohan Pattnaik and Tridhara Mohanty @ Pattnaik, take exception to the conditions imposed by the High Court of Orissa at Cuttack, while granting them bail and submit inter alia that the conditions are onerous and impossible to be complied with, and consequently, the relief of bail would stand denied to the appellants.
(2021) AIRSC 2712

(945) TRIDHARA MOHANTY @ PATTNAIK Vs. STATE OF ODISHA [SUPREME COURT OF INDIA] 11-05-2021
These appeals filed by appellants Braja Mohan Pattnaik and Tridhara Mohanty @ Pattnaik, take exception to the conditions imposed by the High Court of Orissa at Cuttack, while granting them bail and submit inter alia that the conditions are onerous and impossible to be complied with, and consequently, the relief of bail would stand denied to the appellants.
(2021) AIRSC 2712

(946) SUDHIR KUMAR KAD Vs. CENTRAL BUREAU OF INVESTIGATION (CBI) [SUPREME COURT OF INDIA] 07-05-2021
The appellants before us, Sudhir Kumar Kad and Dinesh Kumar are accused in a case of embezzlement of about Rs. 4 Crores. The substance of the allegation so far as the subject case is concerned is that these two accused persons as the Branch Manager and the Chief Manager of Punjab National Bank, Kanthal Branch, Ujjain, participated in the process of extending cash credit facility to a firm which did not have at that point of time adequate asset coverage as safeguard against default, which would h
(2021) AIRSC 2614

(947) RAHUL SHARMA AND ANOTHER Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 07-05-2021
Motor Vehicles Act, 1988 - Sections 166 and 140 - Compensation - Deceased was self­employed and was 37 years old - Annual income of the deceased was Rs. 2,55,349 - After deducting personal and living expenses and adding future prospects, the annual income is determined at Rs. 2,38,326 - Multiplier of 15 is appropriate, considering the age of the deceased - Accordingly, the total loss of dependency, is calculated to be Rs. 35,74,890/­ Not find any reason to interfere with any other heads as dete
(2021) ACJ 1430 : (2021) AIRSC 2255 : (2021) 4 ALLMR 781 : (2021) 3 AndhLD 153 : (2021) 2 DNJ 638 : (2021) 5 JT 7 : (2021) 2 LawHeraldSC 1398 : (2021) 2 RCRCivil 894 : (2021) 7 SCALE 30 : (2021) 6 SCC 188 : (2021) 2 SCCCri 806

(948) MANGALA WAMAN KARANDIKAR (D) THROUGH LRS. Vs. PRAKASH DAMODAR RANADE [SUPREME COURT OF INDIA] 07-05-2021
Evidence Act, 1872 - Proviso 6 of Section 92 - Exclusion of evidence of oral agreement - When a document is a straightforward one and presents no difficulty in construing it, the proviso does not apply
(2021) AIRSC 2272 : (2021) 4 ALLMR 376 : (2021) 3 CivCC 281 : (2021) 4 CTC 852 : (2021) 2 DNJ 633 : (2021) 5 JT 1 : (2021) 2 LawHeraldSC 1735 : (2021) 5 MLJ 90 : (2021) 1 RCRRent 513 : (2021) 7 SCALE 59 : (2021) 6 SCC 139

(949) SANJAY KUMAR RAI Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 07-05-2021
Criminal Procedure Code, 1973 (CrPC) - Sections 239 and 397(2) - Discharge application - Orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar of Section 397 (2) of CrPC. - It is well settled that the trial court while considering the discharge application is not to act as a mere post office - The Court has to sift through the evidence in order to find out whether there are sufficient grounds to try the suspect - The
(2021) AIRSC 2351 : (2021) ALLMRCri 2692 : (2021) 2 ALTCrl 185 : (2021) 2 BomCR(Cri) 533 : (2021) 2 CriCC 131 : (2021) CriLR 805 : (2021) 2 Crimes 269 : (2021) 5 JT 232 : (2021) 2 LawHeraldSC 1212 : (2021) 2 MLJCriminal 566 : (2021) 2 RCRCriminal 813 : (2021) 7 SCALE 48

(950) ACHHAR SINGH Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 07-05-2021
Criminal Law - Prosecution to examine witness - It is not necessary for the prosecution to multiply witnesses after witnesses on the same point; it is the quality rather than the quantity of the evidence that matters
(2021) AIRSC 3426 : (2021) CriLR 767 : (2021) 2 Crimes 258 : (2021) 5 JT 203 : (2021) 7 SCALE 65 : (2021) 5 SCC 543 : (2021) 2 SCCCri 645

(951) JAYAMMA AND ANOTHER Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 07-05-2021
Penal Code, 1860 (IPC) - Sections 302 - Murder - Dying declaration - Victim with 80% burn injuries was apparently not in a situation to talk or give statement - Son of deceased himself has stated that his mother committed suicide - There is no other evidence led by the prosecution to connect the appellants with the crime - Appellants acquitted.
(2021) AIRSC 2399 : (2021) 3 ALTCrl 212 : (2021) 2 BomCR(Cri) 542 : (2021) CriLJ 2900 : (2021) CriLR 782 : (2021) 2 Crimes 246 : (2021) 5 JT 217 : (2021) 4 KantLJ 177 : (2021) 2 MLJCriminal 550 : (2021) 3 RCRCriminal 50 : (2021) 7 SCALE 33 : (2021) 6 SCC 213 : (2021) 3 SCCCri 8

(952) MALLAPPA Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 07-05-2021
Penal Code, 1860 (IPC) - Section 302 - Murder - Acquittal - Conviction on the basis of witness statements in respect to watching the accused running away - That would have been too thin piece of evidence to convict someone under Section 302 of the Code, applying the principle of res gestae.07-05-2021
(2021) 2 ALTCrl 191 : (2021) CriLR 777 : (2021) 2 Crimes 273 : (2021) 5 JT 9 : (2021) 4 KantLJ 121 : (2021) 2 LawHeraldSC 1393 : (2021) 2 MLJCriminal 572 : (2021) 7 SCALE 53 : (2021) 5 SCC 572 : (2021) 2 SCCCri 645 : (2021) 2 SCCCri 669

(953) RAJKUMAR SABU Vs. M/S. SABU TRADE PRIVATE LIMITED [SUPREME COURT OF INDIA] 07-05-2021
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of Criminal Case - Salem Court to Patiala House Court, New Delhi - Petitioner complains about distance of over 2000 kilometres between Salem and petitioner's own place of residence at Indore and alleges that there is no direct connectivity between these two places - Jurisdiction of a court to conduct criminal prosecution is based on the provisions of the Code of Criminal Procedure - Often either the complainant or the accused have to
(2021) AIRSC 2511 : (2021) 2 ALTCrl 196 : (2021) 3 BomCR(Cri) 650 : (2021) 3 CriCC 792 : (2021) CriLR 794 : (2021) 2 Crimes 348 : (2021) 5 JT 237 : (2021) 2 LawHeraldSC 1402 : (2021) 7 SCALE 78

(954) IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS[SUPREME COURT OF INDIA] 07-05-2021
Human and Civil Rights - Directions to contain the spread of coronavirus in the overcrowded prisons of India - Requirement of decongestion is a matter concerning health and right to life of both the prison inmates and the police personnel working - Reduction of impact of Covid-19 requires this Court to effectively calibrate concerns of criminal justice system, health hazards and rights of the accused - From limiting arrests to taking care of Covid-19 Patients, there is a requirement for effectiv
(2021) 3 KLT 342

(955) GURU DUTT PATHAK Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 06-05-2021
Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Absence of Motive - When there is a direct evidence in the form of eyewitnesses and the eyewitnesses are trustworthy and reliable, absence of motive is insignificant
(2021) AIRSC 2257 : (2021) 3 CriCC 746 : (2021) CriLR 825 : (2021) 2 Crimes 232 : (2021) 5 JT 243 : (2021) 7 SCALE 1 : (2021) 6 SCC 116 : (2021) 2 SCCCri 778

(956) THE CHIEF ELECTION COMMISSIONER OF INDIA Vs. M.R. VIJAYABHASKAR AND OTHERS [SUPREME COURT OF INDIA] 06-05-2021
Freedom of Expression of the Media - Freedom of speech and expression extends to reporting the proceedings of judicial institutions as well - Courts are entrusted to perform crucial functions under the law - Their work has a direct impact, not only on the rights of citizens, but also the extent to which the citizens can exact accountability from the executive whose duty it is to enforce the law - Citizens are entitled to ensure that courts remain true to their remit to be a check on arbitrary ex
(2021) AIRSC 2238 : (2021) 2 JLJR 441 : (2021) 5 JT 14 : (2021) 4 MLJ 558 : (2021) 2 PLJR 449 : (2021) 7 SCALE 169

(957) OKRAM HENRY SINGH Vs. YUMKHAM ERABOT SINGH AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2021
Representation of the People Act, 1951 - Section 116B(1) - Declaring the election of the Respondent as Member of 15- Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly as null and void - Where the election of a returned candidate is set-aside, by virtue of an interim order, certain protection is afforded to the appellant. However, since the appellant had resigned from the Assembly, by virtue of an interim order, the appellant cannot be representing the cause of the electorat

(958) THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY MEMBER SECRETARY Vs. MARADU MUNICIPALITY AND OTHERS [SUPREME COURT OF INDIA] 06-05-2021
Maradu Flats Case - Attachments of the lands in Chillavanoor, Ernakulam shall continue and the applicant is restrained from dealing with the same in any manner and grant liberty to the applicant to approach the RERA Authorities for registration of other projects, which naturally has to be considered by the RERA Authorities independently in accordance with law - This Court direct that the amount of Rs.6.12 crores + 1.50 crores lying in deposit to the account of M/s.Jain Housing & Constructions Lt

(959) DR. JAISHRI LAXMANRAO PATIL Vs. THE CHIEF MINISTER AND OTHERS [SUPREME COURT OF INDIA] 05-05-2021
Maratha Reservation case - Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is not covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney v. Union of India, (1992) Sup3
(2021) 8 JT 337 : (2021) 3 KLT 465 : (2021) 4 MLJ 305 : (2021) 6 SCALE 523

(960) BHASKAR Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 04-05-2021
This appeal challenges the judgment and order dated 05-03-2021 passed by the High Court of Judicature at Bombay at Nagpur in CRLA(APPP) No. 370/2021 preferred by the present appellant seeking relaxation of condition in the order granting bail in Criminal Application (ABA) No.426 of 2020.
(2021) AIRSC 2613 : (2021) ALLMRCri 3488

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