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Kiran Devi Vs. The Bihar State Sunni Wakf Board

Judgement Date : 05 Apr 2021

Citation : 2021 Latest Caselaw 175 SC

Headnote :

A. Wakf Act, 1995, Sections 85 and 85A - Wakf Tribunal - Jurisdiction - The plaintiff sought the jurisdiction of the Civil Court, while the Wakf Board and the appellant defendant requested the transfer of the suit to the Wakf Tribunal. The Civil Court granted the transfer order at their request, whi...
Gurdev Singh Vs. State of Punjab

Judgement Date : 06 Apr 2021

Citation : 2021 Latest Caselaw 176 SC

Headnote :

A. Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding the recovery of a commercial quantity of narcotic substances, the court has the discretion to consider various factors when imposing a sentence that exceeds the minimum term of imprisonment or fine. The court...
Shanmugam Vs. State by Inspector of Police, Tamil Nadu

Judgement Date : 06 Apr 2021

Citation : 2021 Latest Caselaw 177 SC

Headnote :

The Indian Penal Code of 1860, specifically Sections 302, 224, and 511, pertains to murder and the conviction thereof. The accused was apprehended for violations of the Copyright Act and was subsequently taken to the Video Piracy Cell, where he was held in a room with the deceased Head Constable. Th...
Shital Fibers Ltd. Vs. Indian Acrylics Ltd.

Judgement Date : 06 Apr 2021

Citation : 2021 Latest Caselaw 178 SC

Headnote :

A. Under Section 433(e) of the Companies Act, 1956, concerning non-payment of debts and the winding up of a company, the respondent, a manufacturer of acrylic yarn, engaged in a credit transaction to supply acrylic yarn to the appellant. The respondent issued a statutory notice to the appellant rega...
Yogesh Vs. State of Haryana

Judgement Date : 06 Apr 2021

Citation : 2021 Latest Caselaw 179 SC

Headnote :

The Indian Penal Code of 1860, specifically Sections 302, 364A, 376, 216 in conjunction with Section 120B, addresses charges of murder, rape, and kidnapping. In this case, the circumstantial evidence presented was weak, as out of three eyewitnesses, two became hostile and did not support the prosecu...
Deputy Commissioner of Income Tax Vs. M/s. Pepsi Foods Ltd. (Now Pepsico India Holdings Pvt. Ltd.)

Judgement Date : 06 Apr 2021

Citation : 2021 Latest Caselaw 180 SC

Headnote :

A. Under Article 14 of the Constitution of India, 1950, and Section 254(2A) of the Income Tax Act, 1961, the third proviso addresses the automatic vacation of stay orders. It was determined that this proviso does not allow for the extension of a stay order beyond 365 days, regardless of whether the...
Sanjiv Prakash Vs. Seema Kukreja

Judgement Date : 06 Apr 2021

Citation : 2021 Latest Caselaw 181 SC

Headnote :

The Arbitration and Conciliation Act of 1996, Section 11, pertains to the appointment of an arbitrator in a dispute involving four shareholders of a company: a father, mother, brother, and sister. The company divested 49% of its share capital and entered into a Share Purchase Agreement (SPA) and a S...
Sonu Vs. Sonu Yadav

Judgement Date : 05 Apr 2021

Citation : 2021 Latest Caselaw 182 SC

Headnote :

The Criminal Procedure Code of 1973, Section 439, along with the Indian Penal Code of 1860, Sections 498A and 304B, and the Dowry Prohibition Act of 1961, Sections 3 and 4, pertain to a case of dowry death occurring within a year. The husband has been granted regular bail despite allegations that th...
Puneet Sharma Vs. Himachal Pradesh State Electricity Board Ltd.

Judgement Date : 07 Apr 2021

Citation : 2021 Latest Caselaw 184 SC

Headnote :

The Constitution of India, 1950, Article 136 - Regarding the position of Junior Engineer (Electrical) - The question arises whether a degree in Electrical Engineering or Electrical and Electronics Engineering is considered a higher qualification than a diploma, and if degree holders qualify for the...
Dipankar Debapriya Haldar Vs. Teesta Dipankar Haldar

Judgement Date : 08 Apr 2021

Citation : 2021 Latest Caselaw 185 SC

Headnote :

Article 142 of the Constitution of India, 1950 - Regarding the transfer of a matrimonial case - It was determined that a settlement agreement between the parties was reached at the Supreme Court Mediation Centre - The transfer petition has been resolved accordingly:
V. Sreenivasa Reddy Vs. B.L. Rathnamma

Judgement Date : 08 Apr 2021

Citation : 2021 Latest Caselaw 186 SC

Headnote :

The Arbitration and Conciliation Act, 1996, Sections 11(5) and (6) - Regarding the appointment of a sole Arbitrator to address disputes between parties - It was determined that a party to the arbitration agreement asserting that a dispute exists cannot be denied a forum for resolving the dispute due...
Mohammad Salimullah Vs. Union of India

Judgement Date : 08 Apr 2021

Citation : 2021 Latest Caselaw 187 SC

Headnote :

The Constitution of India, 1950, Article 51(c), along with the Foreigners Act, 1946, Section 2(a), addresses the release and non-deportation of detained Rohingya refugees to Myanmar. While it is acknowledged that India is not a signatory to the Refugee Convention, this raises significant questions a...
VED Vs. State of Haryana

Judgement Date : 08 Apr 2021

Citation : 2021 Latest Caselaw 188 SC

Headnote :

The Land Acquisition Act of 1894, specifically Section 4 in conjunction with Section 17(2)(c), pertains to the acquisition of land for the establishment of an Industrial Model Township. This involves the assessment of market value and the potential for increasing compensation. The question arises wh...
M/s. Acquainted Realtors LLP Vs. State of Haryana

Judgement Date : 08 Apr 2021

Citation : 2021 Latest Caselaw 189 SC

Headnote :

The Land Acquisition Act of 1894, Section 4, pertains to the acquisition of land for the establishment of an Industrial Model Township. It involves the evaluation of the market value of the land and the adjustment of compensation. The lands in question were agricultural and located away from the hig...
Haryana State Industrial and Infrastructure Developemnt Corporation Limited Vs. Rameshwar Dass (D)

Judgement Date : 08 Apr 2021

Citation : 2021 Latest Caselaw 190 SC

Headnote :

The Constitution of India, 1950, Article 142, and the Land Acquisition Act, 1894, Sections 4 and 18, address compensation for acquired land. A total of Rs. 750 crore was allocated as compensation to landholders from the relevant villages at a rate of Rs. 37,40,000 per acre. This amount exceeds their...
M/s. Utkal Suppliers Vs. M/s. Maa Kanak Durga Enterprises

Judgement Date : 09 Apr 2021

Citation : 2021 Latest Caselaw 191 SC

Headnote :

The Orissa Shops and Commercial Establishments Act of 1956, Section 4, and the Contracts Labour (Regulation and Abolition) Act of 1970, Section 1(4) pertain to a tender process. A Tender Call Notice was issued by the respondent authority, inviting sealed tenders from eligible registered diet prepara...
Central Coalfields Limited through its Chairman and Managing Director Vs. Smt. Parden Oraon

Judgement Date : 09 Apr 2021

Citation : 2021 Latest Caselaw 192 SC

Headnote :

Compassionate appointment - Appointment of son in lieu of absent father - It was determined that the widow\'s husband has been missing since 2002. According to records, the widow\'s two sons, who are dependents of their father, are also listed as dependents of the widow. This indicates that there wa...
Sudesh Kedia Vs. Union of India

Judgement Date : 09 Apr 2021

Citation : 2021 Latest Caselaw 193 SC

Headnote :

The Criminal Procedure Code of 1973, Section 164, along with the Indian Penal Code of 1860, Sections 120B, 414, 384, 386, and 387, and the Criminal Law Amendment (CLA) Act, Section 17(1)(2), as well as the Arms Act of 1959, Sections 25(1B)(a), 26, and 35, and the Unlawful Activities (Prevention) Act...
A.R. Madana Gopal Vs. M/s. Ramnath Publications Pvt. Ltd.

Judgement Date : 09 Apr 2021

Citation : 2021 Latest Caselaw 194 SC

Headnote :

A. Under Section 20 of the Specific Relief Act, 1963, regarding suits for specific performance of agreements, any delays caused by court procedures cannot be held against the plaintiff when it comes to granting specific performance. The plaintiff did not initiate lawsuits immediately after the Writ...
Ram Kishan Vs. State of Rajasthan

Judgement Date : 09 Apr 2021

Citation : 2021 Latest Caselaw 195 SC

Headnote :

Criminal Procedure - FIR cannot be quashed solely because it was not filed immediately.According to Section 482 of the Criminal Procedure Code, 1973, and Sections 332 and 353 of the Indian Penal Code, 1860, concerning an attack on a police constable, the FIR should not be quashed on the basis of del...
M.C. Mehta Vs. Union of India

Judgement Date : 09 Apr 2021

Citation : 2021 Latest Caselaw 196 SC

Headnote :

Temporary Application - Registration of BS-IV Vehicles - Instruction to the Deputy Commissioner of Police (Prov. & Logistics) to submit an affidavit with details including Engine Number, Chassis Number, etc. for all vehicles.[Paragraph 26]
Justice V. Eswaraiah (Retd.) Vs. Union of India

Judgement Date : 12 Apr 2021

Citation : 2021 Latest Caselaw 197 SC

Headnote :

The Constitution of India, 1950, Article 136 - The appellant, a former High Court judge, was subject to a directive from the High Court to investigate the authenticity of a conversation between the appellant and a District Judge regarding the Chief Justice of the High Court, which was found on a pen...
IFFCO Tokio General Insurance Company Ltd. Vs. Pearl Beverages Ltd.

Judgement Date : 12 Apr 2021

Citation : 2021 Latest Caselaw 198 SC

Headnote :

A. Under Section 23 of the Consumer Protection Act, 1986, and Section 185 of the Motor Vehicles Act, 1988, regarding drunk driving and accidents: The car driven by the respondent was operated in a reckless and negligent manner at a high speed, leading to a loss of control. The vehicle collided force...
M/s. Envitech Marine Consultants Private Limited Vs. Union of India

Judgement Date : 12 Apr 2021

Citation : 2021 Latest Caselaw 199 SC

Headnote :

The Constitution of India, 1950, Article 136, states that a \'No Objection Certificate\' from the Ministry of Defence of the Government of India is required for the conversion of the warship INS Viraat from scrap to preservation. It was determined that the surveyors\' certificate indicates that the...
State of Rajasthan Vs. Ashok Kumar Kashyap

Judgement Date : 13 Apr 2021

Citation : 2021 Latest Caselaw 200 SC

Headnote :

The Criminal Procedure Code of 1973, specifically Sections 227 and 228, along with Section 7 of the Prevention of Corruption Act of 1988, addresses allegations of corruption. In this case, the accused, who served as a Patwari, was alleged to have solicited a bribe in exchange for issuing a Domicile...
M/s. Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra

Judgement Date : 13 Apr 2021

Citation : 2021 Latest Caselaw 201 SC

Headnote :

The Criminal Procedure Code of 1973, specifically Sections 438 and 482, along with various sections of the Indian Penal Code of 1860, including Sections 406, 420, 465, 468, 471, and 120B, pertain to an application for anticipatory bail and the quashing of criminal proceedings by the accused. An inte...
Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory Vs. Edelweiss Asset Reconstruction Company Limited through the Director

Judgement Date : 13 Apr 2021

Citation : 2021 Latest Caselaw 202 SC

Headnote :

A. Under the Insolvency and Bankruptcy Code, 2016, specifically Sections 7, 30, and 31, once a resolution plan is approved by the Adjudicating Authority, the claims outlined in that plan will be frozen. This plan will be binding on the Corporate Debtor, its employees, members, creditors—including...
VIIT Pharmacy College Vs. Dr. A.P.J. Abdul Kalam Technical University

Judgement Date : 15 Apr 2021

Citation : 2021 Latest Caselaw 203 SC

Headnote :

The Constitution of India, 1950, Article 32 - Request for Affiliation for B. Pharma course - Institutions providing education for degrees and diplomas in Pharmacy must adhere to the norms and regulations established by the Pharmacy Council of India and other relevant authorities under the Pharmacy A...
In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881.

Judgement Date : 16 Apr 2021

Citation : 2021 Latest Caselaw 205 SC

Headnote :

Section 138 of the Negotiable Instruments Act, 1881 - Dishonour of Cheque - Guidelines for Swift Trial of Cheque Cases:
Boota Singh Vs. State of Haryana

Judgement Date : 16 Apr 2021

Citation : 2021 Latest Caselaw 206 SC

Headnote :

The Narcotic Drugs and Psychotropic Substances Act of 1985, specifically Sections 15 and 42, addresses the recovery of narcotics from a private vehicle parked on a public road. It was noted that there was a failure to document secret information in writing and to obtain the necessary search warrants...
M.K. Ranjitsinh Vs. Union of India

Judgement Date : 19 Apr 2021

Citation : 2021 Latest Caselaw 207 SC

Headnote :

The Environment (Protection) Act of 1986, Section 2(a) - A petition has been submitted to safeguard two bird species, the Great Indian Bustard and the Lesser Florican, both of which are nearing extinction. A study has estimated that there are approximately 3 bird deaths per kilometer per month for l...
Ramachnadrapura Math Vs. Sri Samsthana Mahabaleshwara Devaru

Judgement Date : 19 Apr 2021

Citation : 2021 Latest Caselaw 208 SC

Headnote :

According to the Karnataka Hindu Religious Institutions and Charitable Endowments Act of 1997, specifically Sections 1(4) and 23, regarding the administration of temples, a notification was issued declaring the \'Gokarna Mahabaleshwara Temple\' to be under the Act\'s jurisdiction. The petitioner req...
Ramesh Bhavan Rathod Vs. Vishanbhai Hirabhai Makwana Makwana (Koli)

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 209 SC

Headnote :

The Criminal Procedure Code of 1973, Section 439, along with various sections of the Indian Penal Code of 1860, including 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2), and 34, as well as Sections 25(1-b)A, 27, and 29 of the Arms Act of 1959, pertains to the issue of regular bail. It is impor...
In Re: to Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials Vs. State of Andhra Pradesh

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 210 SC

Headnote :

The Constitution of India, 1950, Article 32; the Criminal Procedure Code, 1973, Sections 46, 129, and 131; and the Evidence Act, 1872, Sections 8, 27, and 65B highlight the shortcomings observed during criminal trials and the practices employed by trial courts in handling criminal cases. It has been...
M/s. PLR Projects Pvt. Ltd. Vs. Mahanadi Coalfields Ltd.

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 211 SC

Headnote :

Constitution of India, 1950, Articles 217 and 224A - Appointment of ad hoc Judges - It is recommended to adhere to the following timelines in addition to the aforementioned:
Devendra Kumar Saxena Vs. Central Bureau of Investigation (CBI)

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 212 SC

Headnote :

The Prevention of Corruption Act, 1988, Sections 13(2) - The transfer of cases from the Court of the Special Judge (CBI) in Siliguri, Darjeeling, West Bengal, to any court with competent jurisdiction in New Delhi raises concerns. The right of the accused to a fair trial and the opportunity to defend...
Lok Prahari through its General Secretary S.N. Shukla IAS (Retd.) Vs. Union of India

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 213 SC

Headnote :

The Constitution of India, 1950, Articles 32 and 224A, along with Section 8 of the Supreme Court of Judicature (Consolidation) Act, 1925, addresses the issue of the backlog of cases pending in High Courts. It has been determined that all parties involved should collaborate, and that retiring or reti...
M/s. Radha Krishan Industries Vs. State of Himachal Pradesh

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 214 SC

Headnote :

A. Section 83 of the Himachal Pradesh Goods and Service Tax Act, 2017, and Rule 159 of the Himachal Pradesh Goods and Service Tax Rules, 2017 - Provisional attachment order - Writ petition submitted to the High Court - Consideration of maintainability -B. Rule 159 of the Himachal Pradesh Goods and S...
Surendra Kumar Vs. State of Uttar Pradesh

Judgement Date : 20 Apr 2021

Citation : 2021 Latest Caselaw 217 SC

Headnote :

A. Under the Indian Penal Code, 1860, Section 302 in conjunction with Section 34 and Section 120-B, the case involves the murder of a married woman by her husband, brother-in-law, and father-in-law. Witness statements regarding the reliability of the evidence indicate that two armed assailants shot...
M/s. Oriental Structural Engineers Pvt. Ltd. Vs. State of Kerala

Judgement Date : 22 Apr 2021

Citation : 2021 Latest Caselaw 218 SC

Headnote :

A. Under the Arbitration and Conciliation Act of 1996, specifically Sections 31(7)(a) and 34, the issue of not awarding interest on delayed payments was challenged. The agreement between the parties explicitly included a provision for interest on late payments, although the specific interest rate wa...
Sandeep Khaitan, Resolution Professional for National Plywood Industries Ltd. Vs. JSVM Plywood Industries Ltd.

Judgement Date : 22 Apr 2021

Citation : 2021 Latest Caselaw 219 SC

Headnote :

The Insolvency and Bankruptcy Code of 2016, specifically Sections 7 and 14, along with Section 482 of the Criminal Procedure Code of 1973, addresses the inherent powers of the court. In this case, an application for initiating corporate resolution was accepted against the corporate debtor, leading t...
Rahul S Shah Vs. Jinendra Kumar Gandhi

Judgement Date : 22 Apr 2021

Citation : 2021 Latest Caselaw 220 SC

Headnote :

A. Under the Civil Procedure Code of 1908, specifically Order 21, Rule 97, there has been an excessive delay in executing a decree. The vendor and her son, who were the judgment debtors, challenged the transaction after executing a sale deed for a significant portion of the property by filing a suit...
Sudha Singh Vs. State of Uttar Pradesh

Judgement Date : 23 Apr 2021

Citation : 2021 Latest Caselaw 221 SC

Headnote :

The Indian Penal Code of 1860, Section 302, and the U.P. Gangster and Anti-Social Activities (Prevention) Act of 1986, Section 3(1) pertain to murder. The High Court\'s decision to grant bail to the accused has been challenged. The accused is alleged to have conspired with others to commit the murde...
Patan Jamal Vali Vs. State of Andhra Pradesh

Judgement Date : 27 Apr 2021

Citation : 2021 Latest Caselaw 222 SC

Headnote :

A. Under Section 376(1) of the Indian Penal Code, 1860, regarding rape evidence, the case involved a victim who was born blind and was sexually assaulted by the accused. The testimonies provided by the victim, her mother, and her brother were clear and consistent regarding the assault. The oral acco...
Union of India Vs. R.K. Sharma

Judgement Date : 28 Apr 2021

Citation : 2021 Latest Caselaw 223 SC

Headnote :

Assured Career Progression - Effective date of entitlement - The Government accepted the recommendations of the 6th Pay Commission, which became effective from 01.01.2006 for civilian employees concerning revised pay scales and dearness allowances. However, the revised allowances, excluding dearness...
State of Odisha Vs. Kamalini Khilar

Judgement Date : 28 Apr 2021

Citation : 2021 Latest Caselaw 224 SC

Headnote :

A. Termination of Service - Compliance with Order - The respondent was offered a position, but the selected candidate could not join within the specified timeframe. The Tribunal ordered the appointment of this candidate, which led to the respondent\'s termination. Although the selected candidate had...
Kalabhai Hamirbhai Kachhot Vs. State of Gujarat

Judgement Date : 28 Apr 2021

Citation : 2021 Latest Caselaw 225 SC

Headnote :

A. Indian Penal Code, 1860, Sections 302, 326, 324, and 34 - Murder - Identification of the accused - Conviction - The accused struck the deceased with an axe on the head while the deceased was riding a motorcycle with two others. After the deceased fell, the accused continued to attack him with an...
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