Home » Case Laws Reported in 2021 Volume 14 SCALE

Case Laws Reported in 2021 Volume 14 SCALE

Electricity Act, 2003 – Captive consumers / captive users, who form a separate class other than the consumers defined under Section 2(15) of the Act, 2003, shall not be subjected to and/or liable to pay additional surcharge leviable under Section 42(4) of the Act, 2003. Maharashtra State Electricity Distribution Co. Ltd. v. JSW Steel Ltd., 2021 (14) SCALE 765 https://pdf.caselaw.in/sc/2021/12/841/

Caste Certificate – Validity of – Scheduled Tribe Certificate Scrutiny Committee. Rushikesh Bharat Garud v. State of Maharashtra, 2021 (14) SCALE 763 https://pdf.caselaw.in/sc/2021/12/1001/

Service Law – the tribunal entirely misdirected itself in making an inquiry whether vacancies had arisen in June 2017, with promotion of some Medical Officers. As the department explained, those promotions could not automatically result in vacancies, having regard to the fact that an excess number of Medical Officers were on the rolls. Furthermore, the tribunal should not have inquired into the matter, once it was reported that all vacancies that could be reported, had been reported- as is evident from the reply filed by the department, as well as the tabular chart in it. Director of Indian System of Medicine v. Susmi C.T., 2021 (14) SCALE 709 https://pdf.caselaw.in/sc/2021/12/808/

Code of Civil Procedure, 1908 – O.II R.2 – the question of title was directly in issue in the previous proceedings, and merely because it resulted in findings adverse, it could not escape being bound by those findings. Sri Lankappa v. Karnataka Industrial Corporation, 2021 (14) SCALE 701 https://pdf.caselaw.in/sc/2021/12/805/

Service Law – the employees who were appointed on ad­hoc basis and qualified typing test at the later stage, in absence of the scheme of rules in determining seniority, at least could not have a right to march over such of the employees who were appointed on substantive basis after going through the process of selection for holding regular selection and their right of seniority in no manner be relegated qua such of the ad­hoc employees who qualified typing test at a later stage and regularized subsequently from the date of initial appointment. Shyam Sunder Oberoi v. District and Session Judge Tis Hazari Court, 2021 (14) SCALE 696 https://pdf.caselaw.in/sc/2021/12/814/

Negotiable Instruments Act 1881 – Legal aspect relating to the presumption arising in law when a cheque is issued. K.S. Ranganatha v. Vittal Shetty, 2021 (14) SCALE 685 https://pdf.caselaw.in/sc/2021/12/817/

Penal Code, 1860 – Section 304­B – the mother–­in–­law of the deceased had been ascribed any specific role in making the demand and inflicting cruelty – a sweeping statement has been made that the husband and in-­laws of the deceased had inflicted cruelty or it has been stated that the husband and his mother had done so, without specifying their roles – same would be insufficient to hold the mother–­in–­law guilty. Kuljit Singh v. State of Punjab, 2021 (14) SCALE 681 https://pdf.caselaw.in/sc/2021/12/811/

Labour Law – The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings. Uttar Pradesh State Road Transport Corporation v. Gajadhar Nath, 2021 (14) SCALE 675 https://pdf.caselaw.in/sc/2021/12/821/

Motor Vehicles Act, 1988 – In order to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, it would be just and proper to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Act so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted. Rasmita Biswal v. Divisional Manager, National Insurance Company Ltd., 2021 (14) SCALE 670 https://pdf.caselaw.in/sc/2021/12/824/

Consumer Protection Act, 2019 – Section 51 – Appeal to National Commission – Pre-deposit of 50 percent of amount as ordered by the State Commission under second proviso to Section 51 of the Consumer Protection Act, 2019 is mandatory for entertainment of an appeal by the National Commission. Manohar Infrastructure and Constructions Pvt. Ltd. v. Sanjeev Kumar Sharma, 2021 (14) SCALE 646 https://pdf.caselaw.in/sc/2021/12/789/

Code of Criminal Procedure, 1973 – Section 427 – Whether the subsequent sentence should run concurrently or consecutively – Principles of Law. Mohd Zahid v. State through NCB, 2021 (14) SCALE 637 https://pdf.caselaw.in/sc/2021/12/795/

Penal Code, 1860 – Section 120B – Criminal Conspiracy – A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy. Even the alleged confessional statements of the co-accused, in absence of other acceptable corroborative evidence, is not safe to convict the accused. Parveen @ Sonu v. State of Haryana, 2021 (14) SCALE 630 https://pdf.caselaw.in/sc/2021/12/799/

Civil Law – Registration of documents is always subject to adjudication of rights of the parties by the competent civil court. Amudhavali v. P. Rukumani, 2021 (14) SCALE 626 https://pdf.caselaw.in/sc/2021/12/802/

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 13 (3A) – Security Interest (Enforcement) Rules, 2002 – Waiver and Estoppel – Principle. Arce Polymers Pvt. Ltd. v. Alphine Pharmaceuticals Pvt. Ltd., 2021 (14) SCALE 549 https://pdf.caselaw.in/sc/2021/12/772/

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