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(961) HYUNDAI MOTOR INDIA LIMITED Vs. SHAILENDRA BHATNAGAR [SUPREME COURT OF INDIA] 20-04-2022
Consumer Protection Act, 1986 - Section 14(1) - Sale of Goods Act, 1930 - Section 2(7) - Manufacturer defect - Failure to provide an airbag system which would meet the safety standards as perceived by a car­buyer of reasonable prudence, should be subject to punitive damages which can have deterrent effect. And in computing such punitive damages, the capacity of the manufacturing enterprise should also be a factor - Ordinarily a consumer while purchasing a vehicle with airbags would assume that t
India Law Library Docid # 1601454

(962) NAGENDRA Vs. ASHOK AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2022
Review petition - Grounds raised in the review petition which do not make out any error apparent on record to justify interference - Petition dismissed.
India Law Library Docid # 1601455

(963) SH. RAM CHANDER (DEAD) THR LRS Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 20-04-2022
Land Acquisition Act, 1894 - Section 4 - Acquisition of Land - When review applications/petitions were allowed on 12.05.2017 on the ground that pursuant to the decision of this Court in the case of DDA vs. Bhola Nath Sharma; (2011) 2 SCC 54, the first appeals are remanded and pending, in fact there was already a decision on remand vide judgment and order dated 23.03.2016 and even the SLP was dismissed - Therefore, the ground on which the High Court had allowed the review applications was thereaf
India Law Library Docid # 1601441

(964) STATE OF ODISHA AND OTHERS ETC. ETC. Vs. SULEKH CHANDRA PRADHAN ETC. ETC. [SUPREME COURT OF INDIA] 20-04-2022
Service Law - Appointment of teachers have been made directly by the respective Management without following the procedure as prescribed under the Rules/Statute - Appointments made in contravention of the statutory provisions are void ab initio.
India Law Library Docid # 1601442

(965) DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS Vs. DR. M.A. METHUSETHUPATHI AND OTHERS [SUPREME COURT OF INDIA] 20-04-2022
Medical Negligence - Merely because doctors could not save the patient, that could not be considered to be a case of post operative medical negligence - A medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another - In the practice of medicine, there could be varying approaches of treatment - There could be a genuine difference of opinion - Ho
India Law Library Docid # 1601443

(966) SHANKAR LAL Vs. HINDUSTAN COPPER LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-04-2022
Constitution of India , 1950 - Article 300A - Right of a person under Article 300A of the Constitution of India to have the Voluntary Retirement Scheme (VRS) benefit to be given on accurate assessment thereof, the employer here being a public sector unit.
India Law Library Docid # 1601444

(967) RIYA MUNJAL AND OTHERS Vs. TAHIR HUSSAIN KHAN AND OTHERS [SUPREME COURT OF INDIA] 20-04-2022
The appellants are the claimants under Section 166 of the Motor Vehicles Act, 1988. Motor Accident Claims Tribunal granted compensation of Rs. 25,26,370/-. The High Court by the impugned order has enhanced it and fixed the compensation at Rs. 26,49,954/-.
India Law Library Docid # 1841440

(968) UNION OF INDIA AND OTHERS Vs. M/S. WILLOWOOD CHEMICALS PRIVATE LIMITED AND ANOTHER
UNION OF INDIA AND OTHERS Vs. M/S. SARAF NATURAL STONE AND ANOTHERS [SUPREME COURT OF INDIA] 19-04-2022

Central Goods and Services Tax Act, 2017 - Section 56 - Interest on Delayed Refunds - Award of interest at 9 per cent would be attracted only if the matter was covered by the proviso to the Section 56.
India Law Library Docid # 1601438

(969) MOHD. FIROZ Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 19-04-2022
Penal Code, 1860 (IPC) - Sections 302, 376A, 376(2)(i), 376(2)(m), 363 and 366 - Protection of Children from the Sexual Offences Act, 2012 - Section 6 - Rape and Murder of Minor Girl - Death penalty - It was duly proved that while committing the barbaric acts of rape and sexual assault on the young child-victim aged about 04 years, the accused had inflicted bodily injuries as mentioned in the post-mortem report which had caused her death - While dealing with the cases under section 376-A IPC, a
India Law Library Docid # 1601439

(970) INDRAJEET YADAV Vs. SANTOSH SINGH AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Appeal against acquittal - Practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned judgment subsequently has been continued - Such a practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged - Reasoned judgment was pronounced and uploaded after a period of almost five months - Order of acquittal is set aside - Appeal allow
India Law Library Docid # 1601427

(971) BALRAM GARG Vs. SECURITIES AND EXCHANGE BOARD OF INDIA [SUPREME COURT OF INDIA] 19-04-2022
Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 - Regulation 3 - Communication or procurement of unpublished price sensitive information - In the absence of any material available on record to show frequent communication between the parties, there could not have been a presumption of communication of UPSI by the appellant - Regulation 3 of the PIT Regulations, which deals with communication of UPSI, does not create a deeming fiction in law. Hence, it is
India Law Library Docid # 1601437

(972) RAMRAO SHANKAR TAPASE Vs. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022
Land Acquisition Act, 1894 - Section 18 - Maharashtra Industrial Development Act, 1961 - Sections 32(2) and 34 - Acquisition of land - Enhancement of compensation - Future use of the acquired land cannot be the main criteria to determine the compensation for the lands acquired - There was a delay of 613 and 438 days respectively in preferring the appeals - Claimants shall not be entitled to interest on the enhanced amount of compensation for the delayed period.
India Law Library Docid # 1601429

(973) UNION OF INDIA AND OTHERS Vs. M. DURAISAMY [SUPREME COURT OF INDIA] 19-04-2022
Central Civil Services (Conduct) Rules, 1964 - Rule 3(1)(i) and 3(1)(ii) - Service Law - Public servant - Removal to compulsory retirement - Corrupt charges - - Fraud by way of fraudulent withdrawal in 85 RD accounts and by way of non-credit of deposits in 71 RD accounts and defrauded a sum of Rs.16,59,065 - Merely because subsequently the employee had deposited the defrauded amount and therefore there was no loss caused to the department cannot be a ground to take a lenient view and/or to show
India Law Library Docid # 1601430

(974) LATE SHRI GYAN CHAND JAIN THROUGH LR Vs. COMMISSIONER OF INCOME TAX-I [SUPREME COURT OF INDIA] 19-04-2022
Income Tax Act, 1961 - Section 271(1)(c) - Penalty - Submission on behalf of the appellant-assessee that as the penalty amount was substantially reduced to Rs.6 lakhs and even the subsequent demand notice was for an amount of Rs.6 lakhs (approximately) only and therefore in view of the CBDT Circular the tax effect being lower than the permissible limit to prefer the appeal before the High Court and therefore the appeal before the High Court was not maintainable is concerned, at the outset it is
India Law Library Docid # 1601431

(975) V.G. JAGDISHAN Vs. M/S. INDOFOS INDUSTRIES LIMITED [SUPREME COURT OF INDIA] 19-04-2022
Territorial jurisdiction - Preliminary issue - When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue - Labour Court did not commit any error in deciding the issue with respect to the territorial jurisdiction as a preliminary issue in the first instance.
India Law Library Docid # 1601432

(976) SUNIL KUMAR JAIN AND OTHERS Vs. SUNDARESH BHATT AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022
Insolvency and Bankruptcy Code, 2016 - Section 53(1)(a) and 5(13) - Insolvency resolution process costs - Dues towards the wages/salaries of only those workmen/employees who actually worked during the Corporate Insolvency Resolution Process (CIRP) are to be included in the CIRP costs:
India Law Library Docid # 1601433

(977) JAGDISH MAVJI TANK (DEAD) THROUGH LRS. AND OTHERS Vs. HARRESH NAVNITRAI MEHTA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022
Contempt Petition - Non-compliance of directions - Builder is guilty of delaying the construction by not taking suitable steps in complete disobedience of the orders passed by this Court based on its undertaking - Contempt Petition is closed with liberty to the tenants/occupants to approach this Court in case of non-compliance of the directions.
India Law Library Docid # 1601425

(978) ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022
Judicial Service - Promotion - Eligibility criteria for Civil Judges - 25% by promotion strictly on the basis of merit through Limited Departmental Competitive Examination (LDCE) of Civil Judges having 7 years qualifying service [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge (Junior Division) - Only 10% of the cadre strength of District Judges be filled up by Limited Departmental Competitive Examination with t
India Law Library Docid # 1601426

(979) M/S TIRUPATI STEELS Vs. M/S SHUBH INDUSTRIAL COMPONENT AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Arbitration and Conciliation Act, 1996 - Section 34 - Micro, Small and Medium Enterprise Development Act, 2006 - Section 19 - While challenge to award under section 34 of the Arbitration Act, 1996 - Pre-deposit of 75% of the awarded amount under section 19 of the MSMED Act, 2006 is a mandatory requirement.
India Law Library Docid # 1601428

(980) EVERGREEN LAND MARK PRIVATE LIMITED Vs. JOHN TINSON & COMPANY PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Arbitration and Conciliation Act, 1996 - Section 17 - Interim measures ordered by arbitral tribunal - No order could have been passed by the Tribunal by way of interim measure on the applications filed under Section 17 of the Arbitration Act in a case where there is a serious dispute with respect to the liability of the rental amounts to be paid, which is yet to be adjudicated upon and/or considered by the Arbitral Tribunal - Thus, no such order for deposit by way of an interim measure on applic
India Law Library Docid # 1601434

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