Home » Case Laws Reported in Judgements Today (JT) 2021 Volume 12 Supreme Court

Case Laws Reported in Judgements Today (JT) 2021 Volume 12 Supreme Court

Service Law – Appointment on Compassionate Grounds – Applicability of a new or modified Scheme that comes into force after the death of the employee – Interpretation of. Secretary to Govt. Department of Education (Primary) v. Bheemesh @ Bheemappa, JT 2021 (12) SC 316 https://caselaw.in/p=390

Land Acquisition Act, 1894 – the power to issue Notification would include a power to rescind the Notification. U.P. Avas Evam Vikas Parishad through Housing Commissioner v. Noor Mohammad, JT 2021 (12) SC 307 https://caselaw.in/p=394

Insolvency and Bankruptcy Code, 2016 – the dominant purpose of the IBC is revival of the Corporate Debtor and making it an on­going concern. Ngaitlang Dhar v. Panna Pragati Infrastructure Pvt. Ltd., JT 2021 (12) SC 298 https://caselaw.in/p=370

Bail – While elaborating reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail. Brijmani Devi v. Pappu Kumar, JT 2021 (12) SC 287 https://caselaw.in/p=383

Representation of People Act, 1951 – Whether an election petition can be thrown out at the threshold on a plea of the respondent/elected candidate that the petition is not supported by an affidavit in Form 25, as prescribed under Rule 94A of Conduct of Election Rules, 1961, even though the petition is based on allegations of corrupt practices ? A. Manju v. Prajwal Revanna @ Prajwal R., JT 2021 (12) SC 278 https://caselaw.in/p=408

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Non-Performing  Asset – One Time Settlement (OTS) Scheme. Bijnor Urban Cooperative Bank Ltd., Bijnor v. Meenal Agarwal, JT 2021 (12) SC 268 https://pdf.caselaw.in/sc/2021/12/884/

Recruitment – A candidate / applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority. State of Bihar v. Madhu Kant Ranjan, JT 2021 (12) SC 262 https://caselaw.in/p=392

Penal Code, 1860 – Section 397 – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC. Ram Ratan v. State of Madhya Pradesh, JT 2021 (12) SC 253 https://caselaw.in/p=373

Narcotic Drugs and Psychotropic Substances Act, 1985 – In the absence of any psychotropic substance found in the conscious possession, mere reliance on the statement made by other accused u/s. 67 of the NDPS Act is too tenuous a ground to sustain the order dismissing the bail application. Bharat Chaudhary v. Union of India, JT 2021 (12) SC 248 https://caselaw.in/p=407

Hindu Law – Joint Hindu Family Property – Right of the Karta to execute agreement to sell or sale deed – Alienation by Father – What is legal necessity. Beereddy Dasaratharami Reddy v. V. Manjunath, JT 2021 (12) SC 242 https://caselaw.in/p=409

Matrimonial Disputes – Making the family members of husbands as accused by making casual reference to them in matrimonial disputes – Proceedings Quashed. Mirza Iqbal @ Golu v. State of Uttar Pradesh, JT 2021 (12) SC 238 https://caselaw.in/p=403

Contempt of Courts Act, 1971 – Power to punish for contempt has to be exercised with greatest care and caution – the contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection. Bordeuri Samaj of Sri Sri Maa Kamakhya v. Riju Prasad Sarma, JT 2021 (12) SC 234 https://caselaw.in/p=398

Motor Accident Claims – How to curb the menace of filing false/fake claim petitions. Safiq Ahmad v. ICICI Lombard General Insurance Co. Ltd., JT 2021 (12) SC 225 https://caselaw.in/p=393

Code of Civil Procedure, 1908 – S. 96, O. XLI R. 31 – There cannot be an automatic allowing of the appeal and quashing and setting aside the judgment and decree passed by the trial court without any further entering into the merits of the appeal and/or expressing anything on merits in the appeal on an impleadment of a party in an appeal. IL and FS Engineering and Constructions Company Ltd. v. Bhargavarama Constructions, JT 2021 (12) SC 223 https://caselaw.in/p=380

Condonation of Delay – Application for – Delay in filing the Appeal – Delay of 1011 days. Majji Sannemma @ Sanyasirao v. Reddy Sridevi, JT 2021 (12) SC 218 https://caselaw.in/p=391

Penal Code, 1860 – Section 304B – Dowry Prohibition Act, 1961 – Section 2 – Definition of ‘Dowry’ – Dowry Death. Parvati Devi v. State of Bihar Now State of Jharkhand, JT 2021 (12) SC 210 https://caselaw.in/p=376

Penal Code, 1860 – Section 304 (ii) – Modification of Sentence – With regard to quantum of sentence, it all depends on background facts of the case, antecedents of the accused, whether the assault was premeditated and pre-planned or not. Govindan v. State represented by the Deputy Superintendent of Police, JT 2021 (12) SC 207 https://caselaw.in/p=386

Penal Code, 1860 – Section 376 – Credibility and/or trustworthiness of the prosecutrix. Phool Singh v. State of Madhya Pradesh, JT 2021 (12) SC 197 https://pdf.caselaw.in/sc/2021/12/761/

Code of Criminal Procedure, 1973 – S. 427 – Whether the subsequent sentence should run concurrently or consecutively – Principles of Law. Mohd Zahid v. State through NCB, JT 2021 (12) SC 186 https://pdf.caselaw.in/sc/2021/12/795/

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, JT 2021 (12) SC 178 https://pdf.caselaw.in/sc/2021/12/789/

Civil Law – Registration of documents is always subject to adjudication of rights of the parties by the competent civil court. Amudhavali v. P. Rukumani, JT 2021 (12) SC 174 https://pdf.caselaw.in/sc/2021/12/802/

Negotiable Instruments Act 1881 – Legal aspect relating to the presumption arising in law when a cheque is issued. K.S. Ranganatha v. Vittal Shetty, JT 2021 (12) SC 165 https://pdf.caselaw.in/sc/2021/12/817/

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, JT 2021 (12) SC 158 https://pdf.caselaw.in/sc/2021/12/821/

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, JT 2021 (12) SC 152 https://pdf.caselaw.in/sc/2021/12/805/

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 8 the award of a Tribunal could be filed before the Appellate Tribunal so constituted. Rasmita Biswal v. Divisional Manager, National Insurance Company Ltd., JT 2021 (12)  SC 147 https://pdf.caselaw.in/sc/2021/12/824/

Penal Code 1860 – Section 34 – Common Intention – Acts done by several persons in furtherance of common intention – Ambit of the words “in furtherance of the common intention of all”.  Gulab v. State of Uttar Pradesh, JT 2021 (12) SC 134 https://caselaw.in/p=410

Code of Criminal Procedure, 1973 – Section 482 – Merely because some of the persons who might have committed the offences are not charge-sheeted, cannot be a ground to quash the proceedings against the accused charge-sheeted after having found prima facie case against him after investigation. Suvarna Cooperative Bank Ltd. v. State of Karnataka, JT 2021 (12) SC 131 https://caselaw.in/p=415

Prevention of Corruption Act, 1988 – Ss. 13 (2) r/w. 13(1)(e) – Penal Code, 1860 – Ss. 120B & 109 – Criminal Conspiracy – The material to implicate someone as a conspirator acting in concert with a public servant, alleged to have committed misconduct, under the PCA, or amassed assets disproportionate to a public servant’s known sources of income, has to be on firm ground. State by S.P. through the SPE CBI v. Uttamchand Bohra, JT 2021 (12) SC  117 https://caselaw.in/p=414

Land Acquisition Act, 1894 – Fixation of market value in a Reference under Section 18(1) of the said Act necessarily involves some guesswork. However, the guesswork is required to be made by adopting one of the well-recognized methods, such as the comparison method or capitalization method. Soman v. Inland Waterways Authority of India, JT 2021 (12) SC 112 https://pdf.caselaw.in/sc/2021/12/838/

Caste Certificate – Validity of – Scheduled Tribe Certificate Scrutiny Committee. Rushikesh Bharat Garud v. State of Maharashtra, JT 2021 (12) SC 110 https://pdf.caselaw.in/sc/2021/12/1001/

Income Tax Act, 1961 – Section 254 (2) – the powers under Section 254(2) of the Act are only to correct and/or rectify the mistake apparent from the record and not beyond that. Commissioner of Income Tax (IT-4), Mumbai v. Reliance Telecom Ltd., JT 2021 (12) SC 58 https://pdf.caselaw.in/sc/2021/12/776/

Penal Code, 1860 – Ss. 147, 148, 302, 201, 149 – inconsistency in the testimonies. Taijuddin v. State of Assam, JT 2021 (12) SC 5 https://pdf.caselaw.in/sc/2021/12/752/

Constitution  of  India Deprivation  of  personal  liberty  without  ensuring  speedy  trial  is not  consistent  with  Article  21.    While deprivation   of   personal   liberty   for   some   period   may   not   be avoidable,  the period  of  deprivation  pending  trial/appeal  cannot  be unduly  long.    At  the  same  time,  timely  delivery  of  justice  is  part  of human  rights  and  denial  of  speedy  justice  is  a  threat  to  public confidence  in  the administration  of  justice. Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya v. National Investigation Agency, JT 2021 (12) SC 1 https://pdf.caselaw.in/sc/2021/12/768/

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