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(961) ANUN DHAWAN AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-10-2021
Heard Ms. Ashima Mandla, learned counsel appearing for the petitioners, Ms. Madhvi Divan, learned Additional Solicitor General appearing for the Union of India and other learned counsel(s) appearing for the States and Union Territories at a considerable length.

(962) MANOHAR LAL SHARMA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-10-2021
Pegasus Case - If you want to keep a secret, you must also hide it from yourself - While technology is a useful tool for improving the lives of the people, at the same time, it can also be used to breach that sacred private space of an individual:
(2021) AIRSC 5396 : (2022) AIRSCCivil 1 : (2021) 11 JT 30 : (2021) 12 SCALE 712

(963) MUSUNURI SATYANARAYANA Vs. DR. TIRUMALA INDIRA DEVI AND OTHERS [SUPREME COURT OF INDIA] 27-10-2021
Andhra Pradesh (Andhra Area) Tenancy Act, 1956 - Sections 14, 15 and 16(1) - Cultivating tenants, right to first purchase the land leased to him - Surrender of tenancy - Notice - Requirement of notice for the prescribed period of three months, to the landlord, and the concerned revenue official is mandatory - This provision, in the form of a procedure enacted for the welfare and protection of a tenant (like the appellant) has to be construed in its literal and plain terms - Material phrase in Se
(2021) AIRSC 5469 : (2021) AIRSCCivil 2959 : (2021) 12 SCALE 734

(964) JITHENDRAN Vs. THE NEW INDIA ASSURANCE CO. LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-10-2021
Motor Accident - Permanent disability - Loss of Earning Capacity - Enhancement of compensation - While the permanent disability as certified by the doctors stands at 69%,the same by no means, adequately reflects the travails the impaired claimant will have to face all his life - 21 year old's youthful dreams and future hopes were snuffed out by the serious accident - Young man's impaired condition has certainly impacted his family members
(2021) ACJ 2736 : (2021) AIRSC 5382 : (2022) AIRSCCivil 131 : (2022) 1 ALLMR 458 : (2021) 6 AllWC 5767 : (2022) 1 AndhLD 235 : (2021) 4 DNJ 1197 : (2021) 10 JT 492 : (2021) 4 RCRCivil 670 : (2021) 12 SCALE 703 : (2021) 2 TNMAC 653

(965) THE CHAIRMAN TANGEDCO AND ANOTHER Vs. PRIYADAARSHINI [SUPREME COURT OF INDIA] 27-10-2021
Constitution of India, 1950 - Article 142 - Tamil Nadu State and Subordinate Service Rules - Rule 55 - Reservation of appointments both by direct recruitment and by promotion - Dispute has arisen as according to the appellant, the G.O.Ms. No.549 of the TNEB Select Service Regulations do not provide priority for an outstanding scout which has however weighed with the courts below in granting benefit to the respondent - Principle of preferential candidates would apply when there is a tie between t
(2021) 4 SCT 426

(966) DINESH MAHAJAN Vs. VISHAL MAHAJAN [SUPREME COURT OF INDIA] 26-10-2021
Penal Code, 1860 (IPC) - Sections 420 and 506 - Transfer of criminal case - Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.

(967) P.B. NAYAK AND OTHERS Vs. MANAGING DIRECTOR, BHILAI STEEL PLANT AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
Madhya Pradesh Shops and Establishments Act, 1958 - Sections 3(j) and 58(2) - Exemption - Provisions of Madhya Pradesh Shops and Establishments Act, 1958, cannot be made applicable to non-residential club, in view of the exemption available under Section 3(j) of the Act - Word "club" means essentially an association of individuals in a way that involves to some degree the factors of free choice (which connotes a power of exclusion), permanence, corporate identity and the pursuit as a common aim
(2021) 12 SCALE 778 : (2021) 4 SCT 724

(968) DR. U.N. BORA, EX. CHIEF EXECUTIVE OFFICER AND OTHERS Vs. ASSAM ROLLER FLOUR MILLS ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 26-10-2021
Contempt of Courts Act, 1971 - Civil contempt - Guilty of willful disobedience of order in respect to the levy made while upholding Section 21 of the Assam Agricultural Produce Market Act, 1972 - Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge - When two views are possible, the element of willfulness vanishes as it involves a mental element - It is a deliberate, conscious and
(2021) AIRSC 5360 : (2021) AIRSCCri 1520 : (2021) 4 CriLR 1598 : (2021) 12 SCALE 597 : (2022) 1 SCC 101

(969) IN RE VIOLENCE IN LAKHIMPUR KHERI (UP) LEADING TO LOSS OF LIFE Vs. [SUPREME COURT OF INDIA] 26-10-2021
Heard Mr. Harish Salve, learned senior counsel along with Ms. Garima Prashad, learned Additional Advocate General appearing on behalf of the State of Uttar Pradesh.

(970) MITESH KUMAR J. SHA Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 405, 419 and 420 - Quashing of proceedings - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction - Proceedings quashed - Appeal allowed.
(2021) AIRSC 5298 : (2021) AIRSCCri 1485 : (2021) 2 AndhLDCriminal 719 : (2022) CriLJ 231 : (2021) 4 Crimes 343 : (2022) CrLJ 231 : (2021) 11 JT 195 : (2021) 4 RCRCriminal 573 : (2021) 12 SCALE 625

(971) SUGHAR SINGH Vs. HARI SINGH (DEAD) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
Specific Relief Act, 1963 - Section 20 - Specific performance of Agreement - Not to grant the decree of specific performance despite the execution of the agreement to sell is proved; part sale consideration is proved and the plaintiff is always ready and willing to perform his part of the contract would encourage the dishonesty. - Finding recorded by the High Court and the observations made by the High court on Section 20 of the Act and the observation that even if the agreement is found to be d
(2021) AIRSC 5581 : (2021) AIRSCCivil 3011 : (2021) 4 CivCC 588 : (2021) 4 DNJ 1266 : (2021) 4 RCRCivil 632 : (2021) 12 SCALE 638

(972) SHANTABEN BHURABHAI BHURIYA Vs. ANAND ATHABHAI CHAUDHARI AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
A. Penal Code, 1860 (IPC) - Sections 452, 323, 325, 504, 506(2) and 114 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Criminal proceedings quashed - Appeal against - Observation made by the High Court that in view of bar under Section 197 of the Code of Criminal Procedure and no sanction was obtained is concerned cannot be ground to quash criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure -
(2021) AIRSC 5368 : (2021) 3 ALTCrl 480 : (2021) 2 AndhLDCriminal 913 : (2021) 4 CriLR 1584 : (2021) 11 JT 426 : (2022) 1 MLJCriminal 97 : (2021) 4 RCRCriminal 559 : (2021) 12 SCALE 651

(973) SUDHIR KUMAR ATREY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
Military Engineering Service (Non-Industrial Class III and IV Posts) Rules, 1971 - Seniority - Determination of - In the matter of adjudging seniority of the candidates selected in one and the same selection, placement in the order of merit can be adopted as a principle for determination of seniority but where the selections are held separately by different recruiting authorities, the principle of initial date of appointment/continuous officiation may be the valid principle to be considered for
(2021) 10 JT 500 : (2022) 2 MhLJ 32 : (2022) 1 MPLJ 502 : (2021) 12 SCALE 605 : (2022) 1 SCC 352 : (2022) 1 SCCLS 193 : (2021) 4 SCT 385

(974) CAPARO ENGINEERING INDIA LIMITED Vs. UMMED SINGH LODHI AND ANOTHER [SUPREME COURT OF INDIA] 26-10-2021
Industrial Disputes Act, 1947 - Section 9A - Transferring the respective workman from Dewas to Chopanki, which is at about 900 Kms. away is in violation of Section 9A read with Fourth Schedule of the Industrial Disputes Act and is arbitrary, mala fide and victimization - By such transfer, their status as "workman" would be changed to that of "supervisor" - By such a change after their transfer to Chopanki and after they work as supervisor they will be deprived of the beneficial provisions of the
(2021) AIRSC 5413 : (2021) AIRSCCivil 2949 : (2021) 4 JLJR 208 : (2021) 10 JT 509 : (2021) 4 PLJR 170 : (2021) 12 SCALE 614 : (2021) 4 SCT 401

(975) MODIFIED VOLUNTARY RETIREMENT SCHEME OF 2002 OF AZAM JAHI MILL WORKERS ASSOCIATION Vs. NATIONAL TEXTILE CORPORATION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
Constitution of India, 1950 - Articles 14 and 226 - Allotment of quarters - Ex-employees of Mills - Right to equality guaranteed under Article 14 of the Constitution of India is vested right in favour of the person who claims equality and parity and the same is enforceable against State / State instrumentalities in exercise of powers under Article 226 of the Constitution of India - No justification at all in treating 318 ex-employees different from those 134 ex-employees who were allotted 200 Sq
(2021) AIRSC 5686 : (2021) AIRSCCivil 3054 : (2022) 1 LLJ 129 : (2021) 12 SCALE 666 : (2021) 4 SCT 390

(976) V. ANANTHA RAJU AND ANOTHER Vs. T.M. NARASIMHAN AND OTHERS [SUPREME COURT OF INDIA] 26-10-2021
Evidence Act, 1872 - Sections 17, 91 and 92 - Partnership - Agreement of parties - Sections 91 and 92 of the Evidence Act would apply only when the document on the face of it contains or appears to contain all the terms of the contract - It has been held that after the document has been produced to prove its terms under Section 91, the provisions of Section 92 come into operation for the purpose of excluding evidence of any oral agreement or statement for the purpose of contradicting, varying, a
(2021) AIRSC 5342 : (2022) AIRSCCivil 177 : (2022) 1 CTC 453 : (2021) 4 DNJ 1228 : (2022) 1 RCRCivil 124 : (2021) 12 SCALE 683

(977) DINESH MAHAJAN Vs. VISHAL MAHAJAN [SUPREME COURT OF INDIA] 26-10-2021
Criminal Procedure Code, 1973 (CrPC) - Section 407 - Penal Code, 1860 (IPC) - Sections 420 and 506 - Transfer of Complaint - An apprehension of threat of life merely on receiving notice on the complaint, has been shown. No complaint has been lodged by the petitioner to the authorities concerned or before any Court. Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground - Petitioner prays for exemption from
(2021) 4 CriCC 373

(978) BABITA SRIVASTAVA Vs. VINOD SRIVASTAVA [SUPREME COURT OF INDIA] 25-10-2021
Civil Procedure Code, 1908 - Section 25 - Matrimonial Case - Transfer of - Family Court at Gurugram (Haryana) to any other court of competent jurisdiction at Gwalior(M.P.) - Both the parties will cooperate with the competent court of jurisdiction at Gwalior for expeditious disposal of the petition - Petition allowed.

(979) RASHMI ROHAN SHETTY Vs. ROHAN RAGHUNATH SHETTY [SUPREME COURT OF INDIA] 25-10-2021
Civil Procedure Code, 1908 - Section 25 - Matrimonial Case - Transfer of - Family Court at Thane, Maharashtra, to a Court of competent jurisdiction at Mangalore, Dakshin Kannada District, Karnataka - No objection by Husband - It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Mangalore for expeditious disposal of the petition.
(2021) 4 DNJ 1289

(980) N. JAYASREE AND OTHERS Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 25-10-2021
Motor Vehicles Act, 1988 - Section 166 - Compensation - Claim petition filed by mother in law 'dependent' - Maintainability - Mother­in­law was living with the deceased and his family members - In order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency - Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realization of compen
(2021) ACJ 2685 : (2021) AIRSC 5218 : (2022) AIRSCCivil 94 : (2021) 6 ALT 61 : (2021) 4 DNJ 1251 : (2021) 11 JT 50 : (2021) 6 KHC 163 : (2021) 4 RCRCivil 642 : (2021) 12 SCALE 585 : (2021) 2 TNMAC 636

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