Caselaw | Supreme Court Judgements of march 2021

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Narbada Devi Vs. Himachal Pradesh State Forest Corporation

Judgement Date : 22 Mar 2021

Citation : 2021 Latest Caselaw 152 SC

Headnote :

The Consumer Protection Act of 1986, along with Section 23 of the Workmen\'s Compensation Act of 1923, addresses the issue of compensation in cases of death during employment. In this instance, the deceased was found to be heavily intoxicated the night before his death and had slept outside on a col...

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Ramesh alias Dapinder Singh Vs. State of Himachal Pradesh

Judgement Date : 22 Mar 2021

Citation : 2021 Latest Caselaw 153 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The Indian Penal Code of 1860, Sections 302, 323, and 324 in conjunction with Section 34, pertains to murder and common intention. The appellant is accused of having assaulted the deceased alongside two other individuals. The only eyewitness testimony supporting the prosecution comes from a single w...

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Sesh Nath Singh Vs. Baidyabati Sheoraphuli Co-Operative Bank Ltd.

Judgement Date : 22 Mar 2021

Citation : 2021 Latest Caselaw 154 SC

Arbitration and Conciliation Act, 1996
Code of Civil Procedure, 1908 (CPC)
Companies Act, 2013
Constitution of India
Insolvency and Bankruptcy Code (Amendment) Act, 2020
Insolvency and Bankruptcy Code (Second Amendment) Act, 2018
Limitation Act, 1963
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Recovery of Debts Due to Banks and Financial Institutions Act, 1993
Transfer of Property Act, 1882

Transmission Corporation of Andhra Pradesh Limited Vs. Equipment Conductors and Cables Limited [OCTOBER 23, 2018]
Mobilox Innovations Private Limited Vs. Kirusa Software Private Limited [September 21, 2017]

Headnote :

A. The Insolvency and Bankruptcy Code, 2016, Sections 7 and 62, along with Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and Section 5 of the Limitation Act, 1963, address the issue of condoning delays. The question arises...

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Chairman, Administrative Committee, Uttar Pradesh Milk Union & Dairy Federation Centralized Services Vs. Jagpal Singh

Judgement Date : 23 Mar 2021

Citation : 2021 Latest Caselaw 155 SC

Headnote :

The Uttar Pradesh Co-operative Dairy Federation and Milk Union Centralised Service Rules, 1984, specifically Rule 10 in conjunction with the proviso to Rule 15, along with Service Regulations 87 and 106, state that the Chairman or Administrative Committee can impose punishment without prior approval...

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Netaji Achyut Shinde (Patil) Vs. State of Maharashtra

Judgement Date : 23 Mar 2021

Citation : 2021 Latest Caselaw 156 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A. Under Section 302 of the Indian Penal Code, 1860, in conjunction with Section 34, the matter of murder is addressed. Minor discrepancies regarding the details of the accused are deemed insignificant, especially considering that the overall evidence strongly indicates the accused\'s involvement in...

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Uttar Pradesh Awas Evam Vikash Parishad Vs. Asha Ram (D) through LRS.

Judgement Date : 23 Mar 2021

Citation : 2021 Latest Caselaw 157 SC

Corrigendum
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Uttar Pradesh Industrial Area Development Act, 1976

Viluben Jhalejar Contractor Vs. State of Gujarat [2005] INSC 243 (13 April 2005)

Headnote :

A. Under the Land Acquisition Act of 1894, specifically Sections 4 and 24, and the U.P. Awas Awam Vikas Adhiniyam of 1965, Sections 28 and 29, the determination of market value must consider sale instances that are close in time to both the notification date and the land being acquired. In this case...

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State of Rajasthan Vs. Love Kush Meena

Judgement Date : 24 Mar 2021

Citation : 2021 Latest Caselaw 158 SC

Indian Penal Code, 1860 (IPC)
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Indian Penal Code, 1860, Sections 302, 323, 341, and 34 - Acquittal Order - Joining as Constable - Can the acquittal of the respondent, based on the benefit of doubt in a case charged under Sections 302, 323, 341/34 of the Indian Penal Code, allow the respondent to join the Rajasthan Police service...

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Charansingh Vs. State of Maharashtra

Judgement Date : 24 Mar 2021

Citation : 2021 Latest Caselaw 159 SC

Constitution of India
Prevention of Corruption Act, 1988

P. Sirajuddin Vs. State of Madras [1970] INSC 56 (9 March 1970)

Headnote :

The Criminal Procedure Code of 1973, Section 160, and the Prevention of Corruption Act of 1988, Section 13(1)(e) address the issue of disproportionate assets. It has been determined that conducting an open inquiry at the pre-FIR stage is permissible. In this case, the appellant is facing multiple al...

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University of Delhi Vs. Delhi University Contract Employees Union

Judgement Date : 25 Mar 2021

Citation : 2021 Latest Caselaw 160 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Articles 14 and 16 - Regarding contract employees and their regularization - Contract employees at the University, many of whom have served for over 10 years, are seeking regularization of their positions. The issue of regularizing these employees should be evaluated...

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Suman Devi Vs. State of Uttarakhand

Judgement Date : 25 Mar 2021

Citation : 2021 Latest Caselaw 161 SC

Constitution of India
Indian Nursing Council Act, 1947
U.P. Reorganisation Act, 2000

Headnote :

The Indian Nursing Council Act of 1947, Section 16, along with the Uttar Pradesh Department of Medical Health and Family Welfare\'s Health Worker and Health Supervisor (Male and Female) Service Rules of 1997, specifically Rule 8 regarding Auxiliary Nurse Midwives, led to the State Government issuing...

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Association for Protection of Democratic Rights Vs. State of West Bengal

Judgement Date : 25 Mar 2021

Citation : 2021 Latest Caselaw 162 SC

Constitution of India

Headnote :

The Constitution of India, 1950, Articles 21 and 48A - The removal of trees for road construction - The State Government\'s construction of Road Over Bridges (ROBs) and road widening is necessary to prevent accidents, which requires the removal of numerous trees, some of which are up to 150 years ol...

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Patricia Mukhim Vs. State of Meghalaya

Judgement Date : 25 Mar 2021

Citation : 2021 Latest Caselaw 163 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

A. Under Article 136 of the Constitution of India, 1950, and Section 482 of the Criminal Procedure Code, 1973, along with Sections 153A, 500, and 505(1)(c) of the Indian Penal Code, 1860, the petitioner faced an FIR for comments made on Facebook regarding attacks on non-tribals by tribals in the sta...

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Naresh Kumar Vs. Kalawati

Judgement Date : 25 Mar 2021

Citation : 2021 Latest Caselaw 164 SC

Indian Evidence Act, 1872

Headnote :

A. Indian Penal Code, 1860, Sections 498A and 302 - Evidence Act, 1872, Section 32 - Appeal against acquittal - Admissibility of dying declarations - The deceased was set on fire, leading to her death. The first statement made by the deceased to the Sub-Inspector was based on hearsay, as testified b...

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Lt. Col. Nitisha Vs. Union of India

Judgement Date : 25 Mar 2021

Citation : 2021 Latest Caselaw 165 SC

Indian Penal Code, 1860 (IPC)

Titaghur Paper Mills Co. Ltd. Vs. State of Orissa [1983] INSC 40 (13 April 1983)

Headnote :

A. Constitution of India, 1950, Articles 14 and 15 - Women Army Officers - Permanent Commission Grant - Systematic Discrimination - A significantly lower number of women officers have been granted Permanent Commission compared to their male counterparts, who have received it in much higher numbers....

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Rajendra @ Rajappa Vs. State of Karnataka

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 166 SC

Indian Penal Code, 1860 (IPC)
IPC Section 143. Punishment
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder

Headnote :

The Indian Penal Code of 1860, specifically Sections 143, 147, 148, 149, 324, 326, 307, and 302, addresses the issue of murder and the reversal of an acquittal judgment. It is established that even if there are contradictions in a witness\'s statement regarding significant points, this does not warr...

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Jagmohan Singh Dhillon Vs. Satwant Singh

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 167 SC

Constitution of India

Headnote :

The Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in the Punjab Civil Service) (Executive Branch) Rules, 1972, specifically Rule 4, along with the Punjab (Recruitment of Ex-servicemen) Rules, 1982, particularly Rules 4 and 9, address the determination of seniority for ex-servic...

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Indus Biotech Private Limited Vs. Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Limited)

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 168 SC

Arbitration and Conciliation Act, 1996
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

Headnote :

The Arbitration and Conciliation Act of 1996, specifically Section 8 and Section 11(3) in conjunction with Sections 11(4)(a) and 11(12)(a), along with Section 7 of the Insolvency and Bankruptcy Code of 2016, pertains to the acceptance of an application for initiating the corporate insolvency resolut...

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State of Uttar Pradesh Vs. Jail Superintendent (Ropar)

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 169 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 506. Punishment for criminal intimidation
Transfer of Prisoners Act, 1950

K. Anbazhagan Vs. The Superintendent of Police & Ors [2003] INSC 570 (18 November 2003)

Headnote :

A. According to Article 32 of the Constitution of India, 1950, and Section 406 of the Criminal Procedure Code, 1973, the State is recognized as a \"party interested\" as defined in Sub-Section (2) of Section 406. Therefore, a petition filed under Section 406 of the Code of Criminal Procedure, 1973 i...

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Tata Consultancy Services Ltd. Vs. Cyrus Investments Pvt. Ltd.

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 170 SC

Code of Civil Procedure, 1908 (CPC)
Companies (Acceptance of Deposits) Rules, 1975
Companies (Amendment) Act, 2000
Companies Act, 2013
Constitution of India
General Clauses Act, 1897
Income Tax Act, 1961
SEBI (Prohibition of Insider Trading) Regulations, 2015
Specific Relief Act, 1963

Headnote :

A. Under Sections 241 and 242 of the Companies Act, 2013, regarding oppression and prejudicial conduct, the Appellate Tribunal\'s findings are upheld. The National Company Law Tribunal (NCLT) addressed each allegation in the complaint and provided clear evidence-based conclusions. The NCLAT did not...

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Suresh Kumar Vs. State of Haryana

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 171 SC

Constitution of India

Headnote :

The Punjab Police Rules of 1934, specifically Rules 13.14 and 13.16, outline the requirements for the position of Inspector of Police. A prerequisite for a Sub-Inspector\'s name to be included in List \'F\'â€”the list from which promotions to Inspector are madeâ€”was that the Sub-Inspector must have...

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Association for Democratic Reforms Vs. Union of India

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 172 SC

Companies Act, 2013
Electoral Bond Scheme, 2018
Electoral Bond Scheme, 2018
Finance Act, 2017
Income Tax Act, 1961
Representation of the People Act, 1951
Reserve Bank of India Act, 1934
Right to Information Act, 2005

Headnote :

A. Under Section 31 of the Reserve Bank of India Act, 1934, Section 29C of the Representation of the People Act, 1951, and Section 131 of the Income Tax Act, 1961, regarding Electoral Bonds - Stay - The petitioner claimed that the Electoral Bonds Scheme permits political party donors to remain anony...

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Laxmi Pat Surana Vs. Union Bank of India

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 173 SC

Chartered Accountants Act, 1949
Chartered Accountants Act, 1949
Indian Contract Act, 1872
Indian Evidence Act, 1872
Limitation Act, 1963
Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Headnote :

A. Under the Insolvency and Bankruptcy Code, 2016, specifically Sections 3(11), 5(8), and 7, along with Section 128 of the Indian Contract Act, 1872, a financial creditor provided a credit facility to a proprietary firm, which is not a corporate entity. The corporate entity provided a guarantee for...

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Rapid Metro Rail Gurgaon Limited Vs. Haryana Mass Rapid Transport Corporation Limited

Judgement Date : 26 Mar 2021

Citation : 2021 Latest Caselaw 174 SC

Arbitration and Conciliation Act, 1996
Companies Act, 2013
Prevention of Money Laundering Act, 2002
Specific Relief Act, 1963

Headnote :

The Constitution of India, 1950, Article 136 addresses the termination of concession agreements and the payment of outstanding debts. The Haryana Shehri Vikas Pradhikaran (HSVP) issued two Requests for Qualification and Requests for Proposal for the development of a metro rail link from the Delhi Me...

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M. Sampat Vs. State of Chhatisgarh

Judgement Date : 05 Apr 2021

Citation : 2021 Latest Caselaw 183 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

Under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the case involves the recovery of 3,300 kgs of \'Ganja\'. The appellant, a 22/23-year-old indigent helper on a truck and a first-time offender, had nothing seized from his possession except for documents related...

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