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(961) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) Vs. E.S. SOLAR POWER PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 03-05-2021
Power Purchase Agreements - Article 12.2 - Reduction of tariff - Damages - Delay in commissioning of Solar Plants - Whether the Scheduled Commissioning Date of the Solar Power Project is 16.10.2017 or 17.10.2017 - Contention of the Appellant is that actual injection of power into the Grid was on 17.10.2017 and as the Scheduled is 16.10.2017, the reduction of the tariff in view of the delay of 1 day in commissioning is justified - Alternate submission that is made by the Respondents that even ass
(2021) AIRSC 3418 : (2021) 5 JT 33 : (2021) 4 KantLJ 1 : (2021) 6 SCALE 312

(962) SACHIN YADAV Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 01-05-2021
Election Laws - Declaration of results - SLP is directed against the judgment and order passed by the High Court in Public Interest Litigation (PIL), whereby the request for deferring the panchayat elections in the State of Uttar Pradesh came to be rejected by recording the assurance given by the State and the State Election Commission that essential measures (protocol) for safety and security of all concerned during the campaign and until completion of elections would be adhered to in letter a

(963) JHARKHAND STATE ELECTRICITY BOARD AND OTHERS Vs. M/S RAMKRISHNA FORGING LIMITED [SUPREME COURT OF INDIA] 30-04-2021
Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2005 - Regulations 9.2, 9.2.1 and 9.2.6 - Contract load/sanctioned load - Reduction of - Fresh agreements may have been executed at the stage of enhancement of load of the same electricity connection, the same cannot be treated as anything but an extension/amendment or modification of the initial agreement granting the electricity connection - Application of the respondent for reduction of contract load/sanc
(2021) AIRSC 2184 : (2021) 2 JLJR 341 : (2021) 4 JT 404 : (2021) 2 PLJR 349 : (2021) 6 SCALE 295

(964) SUKHBIR Vs. AJIT SINGH [SUPREME COURT OF INDIA] 30-04-2021
Land Acquisition Act, 1894 - Section 6 - Specific Relief Act, 1963 - Section 21 - Land Acquisition - Specific performance - Power to award compensation - Where the contract for no fault of the plaintiff becomes impossible, Section 21 enables award of compensation in lieu and substitution of the specific performance - Compensation awarded under the Land Acquisition Act may safely be taken to be the measure of damages subject, of course, to the deduction therefrom of money value of the services, t
(2021) AIRSC 2622 : (2021) 4 ALT 25 : (2021) 4 AndhLD 154 : (2021) 2 DNJ 670 : (2021) 2 DNJ 665 : (2021) 4 JT 411 : (2021) 3 KLT 424 : (2021) 6 SCALE 251 : (2021) 6 SCC 54

(965) IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC.[SUPREME COURT OF INDIA] 30-04-2021
COVID-19 pandemic - No patient shall be denied hospitalization or essential drugs in any State/UT for lack of local residential proof of that State/UT or even in the absence of identity proof.
(2021) AIRSC 2356 : (2021) 5 JT 377 : (2021) 6 SCALE 258

(966) KERALA UNION OF WORKING JOURNALISTS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2021
The Writ Petition has been filed on the premise that the above stated detenu was taken into illegal custody on 5.10.2020 at 16.50 hours without serving any notice or order as envisaged under Section 107 of the Code of Criminal Procedure, 1973 (Cr.P.C). The alleged detenu and his associates were, at the time of detention, going to Hathras (U.P.) to report a gruesome case of rape and murder of a young girl.
(2021) 2 RCRCriminal 869

(967) STATE OF ODISHA AND OTHERS Vs. KAMALINI KHILAR AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2021
Service Law - Termination - Back wages - It is no doubt true that the Respondent No. 1 was offered appointment and was appointed - 16 vacancies alone earmarked for S.E.B.C (Women), and the Respondent No. 2 being the 16th and the last of the candidates entitled in the said Category, not joining in the circumstances resulting in the Respondent No. 1 being appointed and the order of the Tribunal being binding on the Appellants - In the present case, the failure to afford an opportunity to the Respo
(2021) 2 DNJ 557 : (2021) 4 JT 545 : (2021) 6 SCALE 226 : (2021) 2 SCT 620

(968) COMMISSIONER OF INCOME TAX-I Vs. M/S. RELIANCE ENERGY LIMITED (FORMERLY BSES LIMITED) THROUGH ITS M.D [SUPREME COURT OF INDIA] 28-04-2021
Income Tax Act, 1961 - Section 80-IA(5) - Determination of quantum of deduction - Scope of sub-section (5) of Section 80-IA of the Act is limited to determination of quantum of deduction under sub-section (1) of Section 80-IA of the Act by treating 'eligible business' as the 'only source of income' - Sub-section (5) cannot be pressed into service for reading a limitation of the deduction under sub-section (1) only to 'business income'.
(2021) AIRSC 2151 : (2021) 6 SCALE 216 : (2021) 4 SCC 237

(969) KALABHAI HAMIRBHAI KACHHOT Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 28-04-2021
Penal Code, 1860 (IPC) - Section 302 read with 34 - Murder - Common intention - Evidence - Omissions like not seizing the motorcycle and also not seizing the gold chain of one of the victims, by itself, is no ground to discredit the testimony of key witnesses who were examined on behalf of the prosecution, whose say is consistent, natural and trustworthy - There was a quarrel between the deceased about six months earlier to the incident and one accused regarding payment of rent of tractor - Ther
(2021) AIRSC 2327 : (2021) 2 ALTCrl 222 : (2021) CriLR 650 : (2021) 2 Crimes 183 : (2021) 4 GLR 2617 : (2021) 2 JKJ 28 : (2021) 4 JT 421 : (2021) 2 RCRCriminal 861 : (2021) 6 SCALE 236

(970) RESERVE BANK OF INDIA Vs. JAYANTILAL N. MISTRY AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2021
Recall of judgment - There is no provision in the Supreme Court Rules for filing any application for recall of the judgment of own Court - Application dismissed.
(2021) AIRSC 2180 : (2021) 2 DNJ 566 : (2021) 4 JT 417 : (2021) 2 LawHeraldSC 1230 : (2021) 6 SCALE 211

(971) UNION OF INDIA Vs. R.K. SHARMA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2021
Implementation of MACPS for civilian employees - Whether the Government of India is justified in implementing the Modified Assured Career Progression Scheme ('MACPS') for civilian employees of the Central Government in Groups 'A', 'B', 'C', 'D' and officers in the All India Services, Chairpersons, Members of the Regulatory Bodies (except the Reserve Bank of India) with effect from 01.09.2008 and not from 01.01.2006 - Held, In view of the judgment of this Court in Union of India and Ors. v. M.V.
(2021) AIRSC 2873 : (2021) 6 SCALE 246 : (2021) 5 SCC 579

(972) IN RE COGNIZANCE FOR EXTENSION OF LIMITATION Vs. XXXX [SUPREME COURT OF INDIA] 27-04-2021
This Court took suo motu cognizance of the situation arising out of the challenge faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country. Consequently, it was directed vide order dated 23rd March, 2020 that the period of limitation in filing petitions/ applications/ suits/ appeals/ all other proceedings, irrespective of the period of limitation prescribed under the general or special laws, shall stand extended with eff
(2021) 2 CivCC 331 : (2021) 2 CriCC 763 : (2021) 4 CTC 860 : (2021) 2 DNJ 577 : (2021) 2 JabLJ 246 : (2021) 4 KantLJ 314 : (2021) 3 KHC 122 : (2021) 3 KLT 250 : (2021) 7 SCALE 445

(973) PATAN JAMAL VALI Vs. THE STATE OF ANDHRA PRADESH [SUPREME COURT OF INDIA] 27-04-2021
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 - Section 3(2)(v) - Conviction under provision can be sustained as long as caste identity is one of the grounds for the occurrence of the offence.
(2021) AIRSC 2190 : (2021) 2 ALTCrl 266 : (2021) 2 AndhLDCriminal 75 : (2021) 3 CriCC 377 : (2021) CriLR 720 : (2021) 2 Crimes 193 : (2021) 5 JT 266 : (2021) 2 LawHeraldSC 1355 : (2021) 6 SCALE 495

(974) SUDHA SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 23-04-2021
U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 - Section 3(1) - Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Sections 3 and 25 - Murder - Grant of Bail by the High Court to accused convicted - High court has overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection - It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by
(2021) AIRSC 2149 : (2021) ALLMRCri 2661 : (2021) 2 CriCC 660 : (2021) CriLR 660 : (2021) 2 Crimes 216 : (2021) 4 JT 343 : (2021) 2 LawHeraldSC 1400 : (2021) 2 RCRCriminal 875 : (2021) 6 SCALE 224 : (2021) 4 SCC 781 : (2021) 2 SCCCri 505

(975) SANDEEP KHAITAN, RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LIMITED Vs. JSVM PLYWOOD INDUSTRIES LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2021
Insolvency and Bankruptcy Code, 2016 - Section 14(2A) - Supply of goods or services - Period of moratorium - Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratori
(2021) AIRSC 2082 : (2021) CriLR 642 : (2021) 2 Crimes 176 : (2021) 2 LawHeraldSC 1635 : (2021) 6 SCALE 302

(976) RAHUL S SHAH Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
Civil Procedure Code, 1908 (CPC) - Order 11 Rule 14 - Delay in Execution of Decree - In cases, involving delivery of or any rights relating to the property, exercise power under Order XI Rule 14 by ordering production of documents upon oath, relating to declaration regarding existence of rights of any third party, interest in the suit property either created by them or in their knowledge - It will assist the court in deciding impleadment of third parties at an early stage of the suit so that any
(2021) AIRSC 2161 : (2021) 4 ALTCrl 140 : (2021) 3 AndhLD 68 : (2021) 3 CivCC 1 : (2021) 2 JLJR 459 : (2021) 4 KHC 148 : (2021) 3 MPLJ 235 : (2021) 2 PLJR 467 : (2021) 3 RCRCivil 854 : (2021) 7 SCALE 16

(977) M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 22-04-2021
Arbitration and Conciliation Act, 1996 - Section 31(7) - Interest on delayed payment - Only difference between the situation contemplated in the provision and the facts of this case is that the agreement involved is not silent on interest entitlement of the appellants on delayed payment but the agreement contains provision for such payment - Appeal allowed.
(2021) AIRSC 2031 : (2021) 2 DNJ 543 : (2021) 4 JT 304 : (2021) 2 LawHeraldSC 1518 : (2021) 6 SCALE 184 : (2021) 6 SCC 150

(978) RAHUL S SHAH AND OTHERS Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
The present appeals arise out of the common judgment and order dated 16th January, 2020 of the Karnataka High Court which dismissed several Writ Petitions. The course of the litigation highlights the malaise of constant abuse of procedural provisions which defeats justice, i.e. frivolous attempts by unsuccessful litigants to putting up spurious objections and setting up third parties, to object, delay and obstruct the execution of a decree.
(2021) 2 HimLR 1212 : (2021) 2 LawHeraldSC 1217

(979) RAHUL S SHAH Vs. JINENDRA KUMAR GANDHI AND OTHERS [SUPREME COURT OF INDIA] 22-04-2021
The present appeals arise out of the common judgment and order dated 16th January, 2020 of the Karnataka High Court which dismissed several Writ Petitions. The course of the litigation highlights the malaise of constant abuse of procedural provisions which defeats justice, i.e. frivolous attempts by unsuccessful litigants to putting up spurious objections and setting up third parties, to object, delay and obstruct the execution of a decree.
(2021) 2 RCRCivil 854

(980) THE STATE OF UTTAR PRADESH Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD [SUPREME COURT OF INDIA] 20-04-2021
Mr. Mehta, learned Solicitor General, states that the State Government has issued several directions to contain the spread of Corona Virus and are taking adequate precautions at their own. He further submits that the directions issued by the High Court vide the impugned order are as rigorous as a lockdown though the High Court has observed that "they are nowhere close to a complete lockdown".
(2021) 4 SCC 784

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