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(981) 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

(982) 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

(983) 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

(984) 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

(985) 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

(986) 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

(987) 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

(988) 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

(989) SURENDRA KUMAR AND ANOTHER Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 20-04-2021
Penal Code, 1860 (IPC) - Section 302 - Murder - Acquttal - Benefit of Doubt - Several missing components in the chain of circumstantial evidence and the High Court misdirected itself in finding support for conviction on such unclinching evidence - The innocence of the appellants is a distinct possibility in the present matter and when two views are possible the benefit must go to the accused.
(2021) AIRSC 2342 : (2021) ALLMRCri 2678 : (2021) 2 JKJ 434 : (2021) 6 JT 128 : (2021) 2 LawHeraldSC 1382 : (2021) 2 RCRCriminal 803 : (2021) 6 SCALE 114

(990) RAMESH BHAVAN RATHOD Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Bail - Grant of bail under Section 439 of the CrPC is a matter involving the exercise of judicial discretion - Judicial discretion in granting or refusing bail – as in the case of any other discretion which is vested in a court as a judicial institution – is not unstructured - Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of
(2021) AIRSC 2011 : (2021) 2 AndhLDCriminal 233 : (2021) 3 BomCR(Cri) 705 : (2021) CriLR 623 : (2021) 2 Crimes 278 : (2021) 4 GLR 2716 : (2021) 2 JKJ 1 : (2021) 2 JLJR 422 : (2021) 4 JT 315 : (2021) 2 PLJR 430 : (2021) 3 RCRCriminal 60 : (2021) 6 SCALE 41 : (2021) 6 SCC 230 : (2021) 2 SCCCri 722 : (2021) 2 SCCCri 772

(991) LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N. SHUKLA IAS (RETD.) Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Constitution of India, 1950 - Article 224A - Ad hoc Judges Appointment - Recourse to Article 224A is not an alternative to regular appointments.<
(2021) AIRSC 2039 : (2021) 5 JT 501 : (2021) 3 KLT 262 : (2021) 3 MLJ 735 : (2021) 6 SCALE 194

(992) PASL WIND SOLUTIONS PRIVATE LIMITED Vs. GE POWER CONVERSION INDIA PRIVATE LIMITED [SUPREME COURT OF INDIA] 20-04-2021
Arbitration and Conciliation Act, 1996 - Sections 2(1)(f), 10(1), 10(2) and 10(3) - Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 - Section 10 - Foreign award - International commercial arbitration - This Court already seen how "international commercial arbitration", when used in the proviso to section 2(2) of the Arbitration Act, does not refer to the definition contained in section 2(1)(f) but would have reference to arbitrations which take p
(2021) AIRSC 2517 : (2021) 4 MLJ 59 : (2021) 6 SCALE 124

(993) M/S. PLR PROJECTS PRIVATE LIMITED Vs. MAHANADI COALFIELDS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Constitution of India, 1950 - Article 224A - Appointment of ad hoc Judges - High Courts are in a crisis situation - There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength - Time Line For Appointment of
(2021) AIRSC 2008 : (2021) 4 ALT 39 : (2021) 3 KLT 56 : (2021) 6 SCALE 37

(994) DEVENDRA KUMAR SAXENA Vs. CENTRAL BUREAU OF INVESTIGATION (CBI) AND OTHER [SUPREME COURT OF INDIA] 20-04-2021
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of Case on Medical Ground - Darjeeling to New Delhi - Due to the medical condition of the petitioner, This Court entertained Transfer Petitions and ordered the issue of notice - After service of notice, the co-accused in the case which is the subject matter of the Transfer Petition, have filed a counter affidavit opposing the request for transfer - According to the learned counsel for the co-accused, they are also aged and that they a
(2021) AIRSC 2006 : (2021) 3 BomCR(Cri) 99 : (2021) CriLR 662 : (2021) 2 Crimes 174 : (2021) 4 JT 313 : (2021) 2 LawHeraldSC 1702 : (2021) 2 RCRCriminal 882 : (2021) 6 SCALE 61

(995) IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-04-2021
Draft Rules of Criminal Practice, 2021 - Deficiencies in course of criminal trials - High Courts adopt Draft Rules of Criminal Practice - The courts in all criminal trials should, at the beginning of the trial, i.e. after summoning of the accused, and framing of charges, hold a preliminary case management hearing - This hearing may take place immediately after the framing of the charge - In this hearing, the court should consider the total number of witnesses, and classify them as eyewitness, ma
(2021) ALLMRCri 3071 : (2021) 2 Crimes 218 : (2021) 2 DNJ 570 : (2021) 2 JabLJ 301 : (2021) 2 JLJR 323 : (2021) 3 KHC 273 : (2021) 3 KLT 191 : (2021) 2 LawHerald 1777 : (2021) 2 LawHeraldSC 1472 : (2021) 2 PLJR 306 : (2021) 6 SCALE 63

(996) M/S RADHA KRISHAN INDUSTRIES Vs. STATE OF HIMACHAL PRADESH AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 20-04-2021
Himachal Pradesh Goods and Service Tax Act, 2017 - Sections 5(3), 83, 107 and 107(1) - Provisional attachment - Joint Commissioner while ordering a provisional attachment under section 83 was acting as a delegate of the Commissioner in pursuance of the delegation effected under Section 5(3) and an appeal against the order of provisional attachment was not available under Section 107(1).
(2021) AIRSC 2114 : (2021) 4 JT 433 : (2021) 6 SCALE 78

(997) THE STATE OF UTTAR PRADESH Vs. AMBARISH [SUPREME COURT OF INDIA] 19-04-2021
This appeal arises from an order of a Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No 2518 of 2013. The criminal appeal before the High Court was instituted by the respondent in order to challenge a judgment and order dated 20 May 2013 of the Additional Sessions Judge, Court No 15, Ghaziabad in ST No 9 of 2011, arising out of Case Crime No 132 of 2009 under Section 364A of the Indian Penal Code, registered at Police Station Kotwali, District Ghaziabad. The respo
(2021) 2 RCRCriminal 818

(998) M.K. RANJITSINH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2021
Environment (Protection) Act, 1986 - Section 2(a) - Protection of two species of birds namely Great Indian Bustard 'GIB' and Lesser Florican - Existence of overhead power lines is stated to have become a hazard due to which the said species of birds on collision are getting killed - In all cases where the overhead powerlines exist as on today in the priority and potential GIB area the respondents shall take steps forthwith to install divertors pending consideration of the conversion of the overh
(2021) 6 JT 137 : (2021) 6 SCALE 26

(999) RAMACHNADRAPURA MATH Vs. SRI SAMSTHANA MAHABALESHWARA DEVARU AND OTHERS [SUPREME COURT OF INDIA] 19-04-2021
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 - Section 23 - Gokarna Mahabaleshwara Temple Case - Appeal against Order of High Court which had quashed the government's order handing over management of Mahabaleshwar temple at Gokarna to Ramchandrapura Math - High Court while quashing the Government Order and holding that the temple shall continue to be included in the list of notified institutions as per Section 23 of Act, 1997; pending constitution of the Committee o
(2021) AIRSC 2174 : (2021) AIRSC 2174 : (2021) 4 JT 338 : (2021) 6 SCALE 20

(1000) BOOTA SINGH AND OTHERS Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 16-04-2021
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 15, 42 and 43 - Recovery of Poppy straw - Power of seizure and arrest in public place - Recovery was effected from accused while they were sitting on road in a jeep at a public place - High Court held that the case of accused would be covered by Section 43 of NDPS Act and not by Section 42 - Appeal against - Evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to
(2021) AIRSC 1913 : (2021) 2 CriCC 621 : (2021) CriLR 673 : (2021) 2 Crimes 164 : (2021) 2 HimLR 1029 : (2021) 2 JKJ 419 : (2021) 2 JLJR 289 : (2021) 4 JT 229 : (2021) 3 KLT 105 : (2021) 2 LawHeraldSC 1630 : (2021) 2 PLJR 272 : (2021) 2 RCRCriminal 892 : (2021) 6 SCALE 1 : (2021) 1 TNLR 871

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