AIR 2021 SC 4558 – Consumer Law – Reduction of Compensation – In absence of any material, discussion or reasoning, the reduction of the compensation patently becomes arbitrary and therefore, unsustainable. Akshatha v. Secretary, B.N.M. Education Institutions, 14-07-2021 https://caselaw.in/p=10541

AIR 2021 SC 4554 – Service Law – Departmental Enquiry – Even if, an employee prefers not to participate in enquiry the department has to establish the charges against the employee by adducing oral as well as documentary evidence. In case charges warrant major punishment then the oral evidence by producing the witnesses is necessary. The question of any cross examination by the delinquent arises subsequent to the charges having been prima facie established in accordance with law. If the charges are not established in accordance with law, there is nothing for the delinquent to deny. President, Nagar Panchayat Umari v. Shyam Charan Chaturvedi, 14-07-2021 https://caselaw.in/p=10542

AIR 2021 SC 4547 – Bail – Claim of Parity – Bail was granted to the co-accused primarily and substantially on the ground that she had a child of eleven months with her in jail. This cannot be the basis to a claim of parity on the part of the other accused. The accused cannot claim parity with the co-accused since the allegations in the FIR and the material that has emerged from the investigation indicate that a major role has been attributed to him in the murder of the deceased. Mahadev Meena v. Praveen Rathore, JT 2021 (9) SC 512 https://caselaw.in/p=10071

AIR 2021 SC 4523 – Code of Civil Procedure, 1908 – Section 11, Order 14 Rules 1 & 2 – Res judicata – Whether can be decided as preliminary issue ? Jamia Masjid v. K.V. Rudrappa 23-09-2021 https://caselaw.in/p=10543

AIR 2021 SC 4514 – Penal Code, 1860 – Section 302 – Murder – Common Intention – Proof. Indrapal Singh v. State of Uttar Pradesh, JT 2021 (9) SC 520 https://caselaw.in/p=10544

AIR 2021 SC 4504 – Central Reserve Police Force (CRPF) – Punishment of Dismissal from Service – Misconduct – Misused the ‘Government Weapon’ – The burden of proof in the departmental proceedings is not of beyond reasonable doubt as is the principle in the criminal trial but probabilities of the misconduct. The delinquent such as the writ petitioner could examine himself to rebut the allegations of misconduct including use of personal weapon. Union of India v. Dalbir Singh, 21-09-2021 https://caselaw.in/p=10545

AIR 2021 SC 4404 – Civil Law – Suit for Declaration, Injunction and Possession – Allegation of Encroachment – Second Appeal – Substantial Question of Law – Held, the High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land. Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment fails the scrutiny of law. Matadin Surajmal Rajoria v. Ramdwar Mahavir Pande, 21-09-2021 https://caselaw.in/p=11173

AIR 2021 SC 4400 – Industrial Disputes Act, 1947 – Employer Employee Relationship – Agreement between Employer and Agency –  the Labour Court took notice of documents like attendance register/duty chart, copy of the joining report, salary payment register, etc. and then arrived at the conclusion with respect to the employer-employee relationship. The agreement would not by itself be a determinative factor as the Employee is not a party to the agreement. The factual finding of the Labour Court is comprehensive and requires no interference. Ram Manohar Lohia Joint Hospital v. Munna Prasad Saini, 20-09-2021 https://caselaw.in/p=10537

AIR 2021 SC 4397 – Service Law – Reinstatement – The reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law. Allahabad Bank v. Krishan Pal Singh, 20-09-2021 https://caselaw.in/p=10539

AIR 2021 SC 4393 – Land Acquisition Act, 1894 – the land value has been determined with reference to the sales statistics by the High Court in the impugned judgment. That being the factual position, the appellant is entitled for compensation for 2 hectares of land in reference to which compensation has not been awarded under the impugned judgment at the rate of Rs. 1,00,000/­ per hectare along with statutory entitlement to the claimant/appellant as referred to by the High Court in para (viii) till realization under the impugned judgment. Bhupendra Ramdhan Pawar v. Vidarbha Irrigation Development Corporation, 09-09-2021 https://caselaw.in/p=10540

AIR 2021 SC 4384 – Judgment – Importance of Judgment – Purpose of Judgment – What should be contained in the judgment – Explained. Shakuntala Shukla v. State of Uttar Pradesh, 07-09-2021 JT 2021 (9) SC 132 https://caselaw.in/p=11844

AIR 2021 SC 4319 – Bail – Accused is in custody since 16.02.2016 and the allegations against him cannot be said to be standing on a higher pedestal than the allegations against the co-accused who was granted bail – the trial is not proceeded further and even the charges are yet to be framed – Bail granted. Pawandeepsingh Mahendrasingh Kohli v. State of Maharashtra

AIR 2021 SC 4318 – Code of Criminal Procedure, 1973 – Section 319 – FIR mentions the names of the accused as also the statements of the prosecution witnesses recorded during the investigation and given before the Court – Trial Court committed manifest error in rejecting the application for summoning and proceeding against accused. Gulshan v. State of Uttar Pradesh

AIR 2021 SC 4313 – Penal Code, 1860 – Section 306 – Abetment to suicide – Ingredients of – Merely because the deceased consumed poison in front of the house of the accused, that itself will not indicate any relation of the accused with the deceased. Kanchan Sharma v. State of Uttar Pradesh, JT 2021 (9) SC 278

AIR 2021 SC 4303 – Code of Civil Procedure, 1908 – Order VII Rule 14 (3) – Commercial Courts Act, 2015 – Section 16 – Application for leave to produce on record additional documents – Disclosure and discovery of documents – Non filing of the additional documents on the ground of they being voluminous cannot be said to be a reasonable cause for non disclosure/filing along with plaint. Sudhir Kumar @ S. Baliyan v. Vinay Kumar G.B.

AIR 2021 SC 4301 – Divorce – Allegation of cruelty and desertion by wife – Living separately for more than 16 years –  Allegations made by wife relate to adultery which was the reason for her moving out of the matrimonial home –  Though the wife insisted to live with the husband, no meaningful effort has been made by her for reconciliation –  the marriage between the parties is emotionally dead and there is no point in persuading them to live together any more. The marriage between the parties is dissolved. Husband to pay an amount of Rs.25 Lakhs as full and final settlement of all claims. Subhransu Sarkar v. Indrani Sarkar (Nee Das), JT 2021 (9) SC 209

AIR 2021 SC 4187 – Constitution of India – Article 226 – Maintainability of Writ petition in Contractual Matters – Writ Court does not have the expertise in respect of measurements or construction of roads. Union of India v. Puna Hinda

AIR 2021 SC 4174 – Penal Code, 1860 – Ss. 306, 498A r/w. 114 – Evidence Act, 1872 – S. 113A – Whenever the act provides that the Court may presume a fact, the said fact is to be regarded as proved, unless and until it is disproved. Gumansinh @ Lalo @ Raju Bhikhabhai Chauhan v. State of Gujarat, JT 2021 (9) SC 32 : 2021 (10) SCALE 198

AIR 2021 SC 4158 – Service Law – Once an appointee have gone through the process of selection provided under the scheme / Act regardless of the fact whether the post is temporary or permanent in nature, at least their appointment is substantive in character and could be made permanent as and when the post is permanently sanctioned by the competent authority. Somesh Thapliyal v. Vice Chancellor, 2021 (10) SCALE 213

AIR 2021 SC 4154 – Code of Criminal Procedure, 1973 – Ss. 170 & 173 – Guiding principle for a Magistrate while exercising powers u/s. 170 Cr.P.C. Amanpreet Singh v. C.B.I. through Director

AIR 2021 SC 4148 : Reservation – Caste Certificate – Pernicious practice of false caste certificates being utilized for the purpose of securing admission to educational institutions and public employment depriving genuine candidates of the benefits of reservation. J. Chitra v. District Collector and Chairman State Level Vigilance Committee, Tamil Nadu, JT 2021 (9) SC 47 : 2021 (10) SCALE 192

AIR 2021 SC 4140 – Constitution of India – Articles 14, 15 and 16 – Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016 – In spite of Section 5(2) of the 2016 Act making it mandatory for identification and exclusion of ‘creamy layer’ to be on the basis of social, economic and other relevant factors, the State of Haryana has sought to determine ‘creamy layer’ from backward classes solely on the basis of economic criterion and has committed a grave error in doing so. Pichra Warg Kalyan Mahasabha Haryana (Regd.) v. State of Haryana, JT 2021 (8) SC 190 : 2021 (9) SCALE 635

AIR 2021 SC 4118 – Insolvency and Bankruptcy Code, 2016 – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Appeal – Corporate Resolution Insolvency Process – Approval of Resolution Plan – Valuation of Preference Shares – Jurisdiction to approve a Resolution Plan – Exercise of jurisdiction. Pratap Technocrats (P) Ltd. v. Monitoring Committee of Reliance Infratel Limited, 2021 (9) SCALE 276

AIR 2021 SC 4109 – Code of Criminal Procedure, 1973 – Section 482 – Issuing oral directions (presumably to the APP) restraining arrest, does not form a part of the judicial record and must be eschewed. Salimbhai Hamidbhai Memon v. Niteshkumar Maganbhai Patel, 2021 (10) SCALE 20

AIR 2021 SC 4105 – Penal Code, 1860 – Ss. 302 r/w. 34 – Arms Act, 1959 – S. 25 – The trajectory of the entry of the bullet as found in the Medical Report is also quite consistent with the version that the deceased was shot from a height i.e. the roof of the house. Considering the material on record including the eyewitness’s account as well as the corroborative pieces of material, it is firmly established that the accused P fired the fatal shot from the roof of the house. The involvement of accused-P is thus beyond any doubt. Sandeep v. State of Haryana, JT 2021 (9) SC 68 : 2021 (9) SCALE 724

AIR 2021 SC 4069 – Representation of the People Act, 1951 – Criminalisation in politics – Political parties are to publish information regarding criminal antecedents of candidates on the homepage of their websites – Non-compliance by any political party – Contempt Petition. Brajesh Singh v. Sunil Arora, 2021 (9) SCALE 399

AIR 2021 SC 4067 – Municipal Act – Demolition of the illegal construction – The dispute pertains to the right of a construction on the roof of the first floor – Any dispute relating to that right has to be decided by the civil court. Debabrata Saha v. Serampore Municipality, 2021 (10) SCALE 43

AIR 2021 SC 4065 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Ss. 3(1)(u) & 3(1)(v) – A perusal of Section 3(1)(u) of the Act would show that it is attracted only in a case where a person not belonging to Scheduled Caste or Scheduled Tribe has through his speech promotes or attempts to promote feeling of enmity, hatred or ill will against members of Scheduled Caste and Scheduled Tribe. In so far as Section 3(1)(v) of the Act is concerned, a person is liable for prosecution in case there is a speech made by him which shows disrespect to any late person held in high esteem by members of the Scheduled Caste and Scheduled Tribe community. R.S. Bharathi v. State rep. by Assistant Commissioner of Police

AIR 2021 SC 4053 – Police Force Recruitment – Involvement in Criminal Cases – The High Court’s approach, evident from its observations about the youth and age of the candidates, appears to hint at the general acceptability of behaviour which involves petty crime or misdemeanour. The impugned order indicates a broad view, that such misdemeanour should not be taken seriously, given the age of the youth and the rural setting – Such generalizations, leading to condonation of the offender’s conduct, should not enter the judicial verdict and should be avoided. Commissioner of Police v. Raj Kumar, JT 2021 (8) SC 319 : 2021 (9) SCALE 713

AIR 2021 SC 4040 – Insolvency and Bankruptcy Code, 2016 – Whether a person who gives a term loan to a Corporate Person, free of interest, on account of its working capital requirements is not a Financial Creditor, and therefore, incompetent to initiate the Corporate Resolution Process under Section 7 of the IBC. Orator Marketing Pvt. Ltd. v. Samtex Desinz Pvt. Ltd.; JT 2021 (7) SC 223 : 2021 (8) SCALE 615

AIR 2021 SC 4031 – Penal Code, 1860 – Ss. 302 r/w. 34 – To deny the benefit of the acquittal to accused merely on the ground of a technicality that he is not on appeal would be gross injustice. Madhav v. State of Madhya Pradesh, 2021 Cri.L.J. 3902 : 2021 (9) SCALE 565

AIR 2021 SC 4010 – Motor Vehicle Act, 1988 – Whether directions can be passed by the Court while determining compensation under the Act in the manner of a direction in perpetuity for continued maintenance of a prosthetic limb for the injured claimant ? Hdfc Ergo v. Mukesh Kumar

AIR 2021 SC 4017 – Bail – As and when accused is granted bail, he came out of the jail, committed another offence and again went to jail – there is a high possibility of threat and danger to the life and safety of the complainant and his family members, as is evident from the criminal history of the accused – the High Court has erred in granting bail to accused. Harjit Singh v. Inderpreet Singh @ Inder, JT 2021 (8) SC 168 : 2021 (9) SCALE 651

AIR 2021 SC 3948 – Code of Criminal Procedure, 1973 – Section 482 – Principles which the High Court must keep in mind while exercising the jurisdiction under Section 482 Cr.P.C. / at the stage of framing of the charge while considering the discharge application are required to be referred to and considered. Saranya v. Bharathi, 2021 (9) SCALE 644

AIR 2021 SC 3939 – Transfer of Property Act, 1882 – Section 63 – Accession to mortgaged property – Suit for redemption of the mortgage property and possession – Suit for redemption can be filed within 30 years from the date fixed for redemption. Bhimrao Ramchandra Khalate v. Nana Dinkar Yadav (Tanpura), 2021 (9) SCALE 390

AIR 2021 SC 3931 – Code of Criminal Procedure, 1973 – S. 482 – If the petition under Section 482 Cr.P.C. was at the stage of FIR in that case the allegations in the FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered. However, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the Court is required to consider the material/evidence collected during the investigation. Even at this stage also, the High Court is not required to go into the merits of the allegations and/or enter into the merits of the case as if the High Court is exercising the appellate jurisdiction and/or conducting the trial. Kaptan Singh v. State of Uttar Pradesh, 2021 (9) SCALE 484

AIR 2021 SC 3920 – Transfer of Property Act, 1882 – Ss. 59A & 60 – Mortgagor – Suit for redemption of mortgage land – the decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed. Narayan Deorao Javle v. Krishna, 2021 (9) SCALE 516

AIR 2021 SC 3831 – Tender – Purchase of E-learning kits under Sarva Shiksha Abhiyan scheme. Multitask Solutions v. Zila Parishad Washim, 2021 (9) SCALE 528

AIR 2021 SC 3826 – Payment of Gratuity (Amendment) Act, 2010 – the date of commencement fixed by the Executive in exercise of power delegated by the Amending Act cannot be treated to be retrospective as the benefit of higher gratuity is one-time available to the employees only after the commencement of the Amending Act. The benefit paid under the office memorandum is not entitled to exemption in view of specific language of Section 10(10)(ii) of the Income Tax Act. Krishna Gopal Tiwary v. Union of India, 2021 (9) SCALE 384

AIR 2021 SC 3813 – Criminal Law – Remission of Sentence – The power of remission is to be exercised by the State Government, as an appropriate Government, if the prisoner has undergone 14 years of actual imprisonment in the cases falling within the scope of Section 433-A of the Code and in case the imprisonment is less than 14 years, the power of premature release can be exercised by the Hon’ble Governor though on the aid and advice of the State Government. State of Haryana v. Raj Kumar @ Bittu, 2021 (9) SCALE 33

AIR 2021 SC 3802 – Code of Civil Procedure, 1908 – O.7 R. 11(d) – Rejection of Plaint – Res judicata – An application under Order 7 Rule 11 must be decided within the four corners of the plaint – Plaint cannot be rejected on ground that it is barred by principles of res judicata. Srihari Hanumandas Totala v. Hemant Vithal Kamat, 2021 (9) SCALE 241

AIR 2021 SC 3781 – Code of Criminal Procedure, 1973 – Section 313 – Penal Code, 1860 – Sections 302 r/w. 34 – Evidence Act, 1872 – Section 3 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Murder – Evidence of a Child Witness – Burn Injuries – Benefit of doubt. Pramila v. State of Uttar Pradesh

AIR 2021 SC 3831 – Tender – Purchase of E-learning kits under Sarva Shiksha Abhiyan scheme. Multitask Solutions v. Zila Parishad Washim,  2021 (9) SCALE 528

AIR 2021 SC 3826 – Payment of Gratuity (Amendment) Act, 2010 – the date of commencement fixed by the Executive in exercise of power delegated by the Amending Act cannot be treated to be retrospective as the benefit of higher gratuity is one-time available to the employees only after the commencement of the Amending Act. The benefit paid under the office memorandum is not entitled to exemption in view of specific language of Section 10(10)(ii) of the Income Tax Act. Krishna Gopal Tiwary v. Union of India, 2021 (9) SCALE 384

AIR 2021 SC 3813 – Remission of Sentence – The power of remission is to be exercised by the State Government, as an appropriate Government, if the prisoner has undergone 14 years of actual imprisonment in the cases falling within the scope of Section 433-A of the Code and in case the imprisonment is less than 14 years, the power of premature release can be exercised by the Hon’ble Governor though on the aid and advice of the State Government. State of Haryana v. Raj Kumar @ Bittu, 2021 (9) SCALE 33

AIR 2021 SC 3802 – Code of Civil Procedure, 1908 – O.7 R. 11(d) – Rejection of Plaint – Res judicata – An application under Order 7 Rule 11 must be decided within the four corners of the plaint – Plaint cannot be rejected on ground that it is barred by principles of res judicata. Srihari Hanumandas Totala v. Hemant Vithal Kamat, 2021 (9) SCALE 241

AIR 2021 SC 3795 – Service Law – The doctors, both under AYUSH and CHS, render service to patients and on this core aspect, there is nothing to distinguish them. Therefore, no rational justification is seen for having different dates for bestowing the benefit of extended age of superannuation to these two categories of doctors. North Delhi Municipal Corporation v. Dr. Ram Naresh Sharma, 2021 (9) SCALE 47

AIR 2021 SC 3792 – Motor Vehicles Act, 1988 – S. 166 – the claim petition was for total sum of Rs.95,00,000/-. Instead of making the minute calculation undertaken by the High Court, it is just and proper to award a sum of Rs.95,00,000/- as total compensation. There is no question of deduction of any amount out of this total amount of compensation of Rs.95,00,000/-.  National Insurance Co. Ltd. v. Shyam Sunder Chawla

AIR 2021 SC 3781 – Code of Criminal Procedure, 1973 – Section 313 – Penal Code, 1860 – Sections 302 r/w. 34 – Evidence Act, 1872 – Section 3 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Murder – Evidence of a Child Witness – Burn Injuries – Benefit of doubt. Pramila v. State of Uttar Pradesh

AIR 2021 SC 3784 – Evidence Law – Circumstantial Evidence – Links in the chain of circumstances is necessary to be established for conviction on the basis of circumstantial evidence. Parubai v. State of Maharashtra, JT 2021 (8) SC 67 : 2021 (9) SCALE 320

AIR 2021 SC 3778 – Judicial Service – Administrative Committee – Compulsory Retirement from the Post of Additional District and Sessions Judge – there were multiple transactions showing deposits and withdrawals of substantial amounts of money, it cannot be said that the Full Court was not justified in taking the view that it did – do not find any reason to take a different view in the matter. Rajinder Goel v. High Court of Punjab and Haryana, JT 2021 (7) SC 215 : 2021 (9) SCALE 6

AIR 2021 SC 3775 – Examination – UPSC cancelled the candidature of the petitioners for failure to produce the qualifying certificates ~ There is nothing wrong in UPSC strictly adhering to this stipulation, being in the nature of an eligibility criterion ~ At the same time, it cannot, however, be denied that 2020 was an abnormal and cataclysmal year due to the ongoing pandemic, lockdowns and restrictions – the petitioners had attained the qualifying eligibility criteria before the main examination was conducted by UPSC – It would be inequitable to deny them an opportunity of participating in the selection process because the pandemic has caused delay in declaration of their results by the concerned University. Deepak Yadav v. Union Public Service Commission

AIR 2021 SC 3723 – Arbitration and Conciliation Act, 1996 – “Whether an “award” delivered by an Emergency Arbitrator under the Arbitration Rules of the Singapore International Arbitration Centre can be said to be an order under Section 17 (1) of the Arbitration Act” ~ Whether an order passed under Section 17(2) of the Arbitration Act in enforcement of the award of an Emergency Arbitrator by a learned Single Judge of the High Court is appealable. Amazon.com NV Investment Holdings LLC v. Future Retail Limited, 2021 (9) SCALE 189

AIR 2021 SC 3717 – Partnership Act, 1932 – Section 42 (c) – Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P.) – Section 12 (2) – Death of a Partner – Deemed vacancy of building in certain cases – With the death of both partners and not having any clause permitting continuation of the partnership by the legal heirs, the non-residential tenanted premises is deemed to be vacant in law as the tenant is deemed to have ceased to occupy the building. Davesh Nagalya v. Pradeep Kumar, JT 2021 (8) SC 61 : 2021 (9) SCALE 314

AIR 2021 SC 3709 – Contempt of Courts Act, 1971 – whether a party is guilty of contempt is to be seen in the specific context of the disobedience and the wilful nature of the same and not on the basis of the conduct subsequent thereto. Suman Chadha v. Central Bank of India, JT 2021 (8) SC 77 : 2021 (9) SCALE 260

AIR 2021 SC 3701 – Code of Criminal Procedure, 1973 – Ss. 468 & 469 – the complaint filed is barred by limitation and allowing the proceedings to go on, on such complaint, which is ex facie barred by limitation is nothing but amounts to abuse of process of law. Cheminova India Ltd. v. State of Punjab, 2021 (9) SCALE 83 : 2021 (9) SCALE 88

AIR 2021 SC 402 – Evidence Law – Fingerprints – Even the fingerprints lifted from the house of the deceased could be associated with the accused, that by itself, in the absence of any substantive piece of evidence, cannot be made the basis of their conviction. Hari Om @ Hero v. State of U.P., 2021 (1) ADJ 626 : 2021 (1) Crimes 1 : 2021 CriLJ 1062 : 2021 (1) GLH 434 : 2021 (1) MLJ(Cri) 241 : 2021 (1) RCR (Criminal) 429 : 2021 (1) UC 62 : 2021 (219) AIC 193 : (2021) 4 SCC 345 https://caselaw.in/p=11692

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