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(981) RAMAWATAR Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 25-10-2021
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 - Section 3(1)(x) - Constitution of India, 1950 - Article 142 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - Using casteist slur against neighbour - Quashing of proceedings - Compromise - Article 142 powers can be used - Mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or
(2021) AIRSC 5228 : (2021) AIRSCCri 1501 : (2021) ALLMRCri 4300 : (2021) 3 ALTCrl 504 : (2021) 2 AndhLDCriminal 732 : (2021) 6 BLJ 299 : (2021) CriLJ 4942 : (2021) 4 CriLR 1527 : (2021) 4 Crimes 296 : (2021) 10 JT 529 : (2021) 2 OriLawRev 924 : (2021) 4 RCRCriminal 555 : (2021) 12 SCALE 567

(982) STATE OF MADHYA PRADESH Vs. MAHENDRA ALIAS GOLU [SUPREME COURT OF INDIA] 25-10-2021
Penal Code, 1860 (IPC) - Section 376(2)(f) read with Section 511 - Attempting to rape two minor girls in 2005 - High Court modified conviction from 'attempt to commit rape' to an offence of 'outraging the modesty' of a woman, as defined under Section 354 of IPC and reduced the sentenced term from 5 years to 2 years. - Appeal against - Act of the respondent of luring the minor girls, taking them inside the room, closing the doors and taking the victims to a room with the motive of carnal knowledg
(2021) AIRSC 5242 : (2021) AIRSCCri 1513 : (2021) 2 AndhLDCriminal 711 : (2021) 6 BLJ 312 : (2021) CriLJ 4915 : (2021) 4 CriLR 1567 : (2021) 4 Crimes 289 : (2021) 4 JLJR 351 : (2021) 10 JT 521 : (2021) 4 PLJR 313 : (2021) 4 RCRCriminal 613 : (2021) 12 SCALE 576

(983) SANJEEV CHANDRA AGARWAL AND ANOTHER Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 25-10-2021
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 27-A and 29-A - Prosecution of 4 kilograms Acetic Anhydride - Framing of charges - No narcotic drugs or psychotropic substances were recovered from the premises of the two appellants - Impugned order of the High Court directing framing charges under Sections 27-A and 29-A of the Narcotic Drugs And Psychotropic Substances Act, 1985 is set aside - Appeal allowed.
(2021) 4 CriLR 1791 : (2021) 4 RCRCriminal 590

(984) HARWANSH KAUR AND ANOTHER Vs. SPECIAL AREA DEVELOPMENT AUTHORITY (COUNTER MAGNET), GWALIOR AND OTHERS [SUPREME COURT OF INDIA] 22-10-2021
Madhya Pradesh Land Revenue Code - Section 158(3)(1) - Declaration of ownership - Issue concerning the right, title and interest of the present appellants was initially gone into the suit filed by the appellants - Judgment and order the Trial Court accepted the claim and decreed the suit

(985) NILAM GORWADE AND OTHERS Vs. MANOJ MUKUND NARAVANE AND OTHERS [SUPREME COURT OF INDIA] 22-10-2021
Thus, a total of thirty six officers have raised a grievance before the Court in exercise of the contempt jurisdiction in regard to the manner in which the judgment of this Court dated 25 March 2021 has been complied with.

(986) IN RE: INACTION OF THE GOVERNMENTS IN APPOINTING PRESIDENT AND MEMBERS/STAFF OF DISTRICTS AND STATE CONSUMER DISPUTES REDRESSAL COMMISSION AND INADEQUATE INFRASTRUCTURE ACROSS INDIA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-10-2021
On 11.08.2021, in the conspectus of the discussion on the data placed before us we had issued certain directions to ensure that the vacancies are filled in of the Chairman/members of the Consumer Forums. It is only thereafter it was brought to our notice on mentioning that the writ proceedings had been filed before the Nagpur Bench of the Bombay High Court challenging certain advertisement and Rules relating to the persons to man the Consumer Forums.

(987) JALKAL VIBHAG NAGAR NIGAM AND OTHERS Vs. PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 22-10-2021
Uttar Pradesh Water Supply and Sewerage Act, 1975 - Section 52 - Levy of taxes - Nomenclature that the legislature has ascribed to the tax does not determine either the nature of the levy or its true and essential character - Legislature may choose a label for a tax. The label however will not determine or for that matter clarify the nature of the levy. The nature of the levy has to be deduced from the nature of the tax, the provision which specifies the taxing event and, as in the case of Secti
(2021) 11 ADJ 74 : (2021) AIRSC 5316 : (2022) AIRSCCivil 153 : (2021) 6 BCR 423 : (2022) 1 KantLJ 641 : (2021) 12 SCALE 513

(988) V NAGARAJAN Vs. SKS ISPAT AND POWER LTD AND OTHERS [SUPREME COURT OF INDIA] 22-10-2021
A. Insolvency and Bankruptcy Code, 2016 - Sections 61, 61(1) and (2) - Limitation Act, 1963 - Section 12(2) - Appeal under Section 61 IBC - Limitation Period - Litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause and Limitation period starts from date of pronouncement of order - It cannot be said that the parties can automatically dispense with their obligation to apply for and obtain a certified copy
(2021) AIRSC 5131 : (2022) AIRSCCivil 467 : (2021) 6 BLJ 335 : (2021) 11 JT 235 : (2021) 4 RCRCivil 650 : (2021) 12 SCALE 542 : (2022) 2 SCC 244 : (2022) 1 SCCCivil 741

(989) JAYAN Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 22-10-2021
Kerala Abkari Act, 1077 - Section 55(a) - Illegal import of 6090 litres of spirit in 174 plastic cans - Testimony of Witness - Test Identification Parade - It is well settled that T.I Parade is a part of investigation and it is not a substantive evidence - Question of holding T.I Parade arises when the accused is not known to the witness earlier - Identification by a witness of the accused in the Court who has for the first time seen the accused in the incident of offence is a weak piece of evid
(2021) AIRSC 5206 : (2021) AIRSCCri 1495 : (2022) 1 CriLR 167 : (2021) 10 JT 380 : (2021) 6 KHC 400 : (2021) 4 RCRCriminal 593 : (2021) 12 SCALE 560

(990) UNION OF INDIA AND ANOTHER Vs. MS. A. SHAINAMOL, IAS AND ANOTHER [SUPREME COURT OF INDIA] 22-10-2021
Administrative Service (Cadre) Rules, 1954 - Rules 5(1), 7(3) and 7(4) - Allocation of cadre - A selected candidate has a right to be considered for appointment to the IAS but he has no such right to be allocated to a cadre of his choice or to his home state - Allotment of cadre is an incidence of service - Applicant as a candidate for the All-India Service with eyes wide open has opted to serve anywhere in the country - Once an applicant gets selected to service, the scramble for the home cadre
(2021) AIRSC 5281 : (2022) AIRSCCivil 138 : (2021) 6 KLT 147 : (2021) 12 SCALE 493 : (2021) 4 SCT 371

(991) VALSAN P. Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021
Kerala Service Rules - Rules 29 and 29(b) - Kerala State and Subordinate Service Rules - Rule 39 - Pensionary benefits by condoning the period of break in service - A perusal of the Government Order indicates that the benefit sought for by the appellant is provided and the sandwiched non qualifying service as break in the two services is condonable and the prior public service shall be reckoned as qualifying service for pension - Appeal allowed.
(2021) 11 JT 254 : (2021) 6 KHC 443 : (2021) 6 KLT 287 : (2021) 12 SCALE 407 : (2022) 1 SCC 362 : (2022) 1 SCCLS 201 : (2021) 4 SCT 368 : (2021) 3 SLJ 389

(992) MONICCA AGARWAAL Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 21-10-2021
Notices have been served but only four farmer bodies are represented before us.

(993) VAISHNO DEVI CONSTRUCTION REP. THR. SOLE PROPRIETOR (D) THR. LRS AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021
Civil Procedure Code, 1908 (CPC) - Order 21 Rule 16 - Without separate assignment of decree - Execution of - Law Commission recommended amending Order XXI Rule 16 to clarify that it does not affect the provisions of Section 146 and that a transferee of rights in the subject matter of the suit can obtain execution of a decree without separate assignment of the decree - Objective appears to be to not have multifarious proceedings to determine the issue of assignment, but to determine the issue of
(2021) AIRSC 5309 : (2022) AIRSCCivil 68 : (2021) 6 ALT 71 : (2021) 6 BLJ 320 : (2022) 1 CivCC 607 : (2021) 4 JLJR 297 : (2021) 6 KantLJ 451 : (2021) 8 MLJ 230 : (2021) 4 PLJR 259 : (2021) 4 RCRCivil 664 : (2021) 12 SCALE 484

(994) KAVITHA LANKESH Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021
Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Section 25 - Karnataka Control of Organised Crimes Act, 2000 - Sections 3 and 24(1)(a) - Murder - Organized crime - High Court quashed charge sheet against accused for KCOCA offences - Appeal against - High Court has completely glossed over the crucial fact that the writ petition was filed only after the sanction was accorded by the competent authority under Section 24(2) and more so cognizance was also taken by the competent Court of the o
(2021) AIRSC 5113 : (2022) AIRSCCri 359 : (2022) 1 BomCR(Cri) 332 : (2021) 4 Crimes 309 : (2022) 1 KantLJ 1 : (2021) 12 SCALE 420

(995) VAIBHAVI ENTERPRISE Vs. NOBEL CERA COAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2021
Constitution of India, 1950 - Article 226 - Finalization of contract - When High Court permitted / allowed the writ applicant to modify its offer, in that case, the opportunity ought to have been given to the other applicants - Either they might have objected to permitting such modification of the offer in exercise of powers under Article 226 of the Constitution of India or they also could have modified their offer further and reduce number of days for lifting gas - It is not in dispute that nei
(2021) AIRSC 5640 : (2021) AIRSCCivil 3047 : (2021) 11 JT 62 : (2021) 12 SCALE 402 : (2021) 10 SCC 757

(996) PREM SHANKAR PRASAD Vs. THE STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 21-10-2021
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Anticipatory bail - If anyone is declared as an absconder/proclaimed offender in terms of section 82 of Cr.PC, he is not entitled to relief of anticipatory bail.
(2021) AIRSC 5125 : (2021) AIRSCCivil 1593 : (2021) 6 BLJ 350 : (2021) 4 CriCC 235 : (2021) 4 CriLR 1538 : (2021) 4 Crimes 303 : (2021) 4 JLJR 345 : (2021) 10 JT 410 : (2022) 1 MLJCriminal 90 : (2021) 4 PLJR 307 : (2021) 4 RCRCriminal 598 : (2021) 12 SCALE 413

(997) JASWANT SINGH Vs. STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 20-10-2021
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 406 and 420 - Promised jobs in Italy - Cheating - Quashing of Criminal proceedings - Allegations made in the FIR had an overwhelmingly and predominatingly a civil flavour inasmuch as the complainant alleged that he had paid money to main accused to get employment for his son abroad
(2021) 4 CriCC 128 : (2021) 4 RCRCriminal 866

(998) UMA SHANKER SHARMA Vs. THE REGISTRAR GENERAL HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD [SUPREME COURT OF INDIA] 20-10-2021
Abatement of appeal - Death of sole appellant - Counsel for the appellant submitted that a copy of the death certificate evidencing the demise of the appellant has also been filed - The same is perused - In such circumstances, the appeal abates on account of the death of the sole appellant.

(999) M/S DSM NUTRITIONAL PRODUCTS LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-10-2021
Withdrawal of appeal - Issues raised in appeal do not call for any further consideration as they have become academic in nature - Appeal is dismissed as withdrawn.

(1000) IN RE VIOLENCE IN LAKHIMPUR KHERI (UP) LEADING TO LOSS OF LIFE Vs. [SUPREME COURT OF INDIA] 20-10-2021
Heard Mr. Harish Salve, learned Senior counsel and Ms. Garima Prashad, learned Additional Advocate General appearing for the State of U.P.

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