Home » Supreme Court Case Laws Published in Scale 2021 Volume 9

Supreme Court Case Laws Published in Scale 2021 Volume 9

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2021 (9) Scale 724 – Penal Code, 1860 – Ss. 302 r/w. 34 – Arms Act, 1959 – S. 25 – 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, August 27, 2021

2021 (9) Scale 713 – 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, August 25, 2021

2021 (9) Scale 667 – Code of Criminal Procedure, 1973 – Section 319 – Power to proceed against other persons appearing to be guilty of offence – Scope and ambit of the powers of the Court under Section 319 CrPC -Summarized. Manjeet Singh v. State of Haryana, August 24, 2021

2021 (9) Scale 651 – 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, August 24, 2021

2021 (9) SCALE 644 | 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, AIR 2021 SC 3948

2021 (9) Scale 635 | 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, August 24, 2021

2021 (9) Scale 629 | Penal Code, 1860 – Ss. 147, 148, 149, 302, 324, 120B – Murder – Test Identification Parade (TIP) – Whether the accused was identified as the person wielding the sword who gave the sword blow to the Informant and also to the deceased – TIP was unnecessary as the identity of the accused was known to the witnesses and he was specifically identified by the witnesses as the person who wielded the sword and inflicted the injuries – In the face of accused such identification by name in the testimony of the eye witnesses be safely concluded that the failure to conduct the TIP for the accused will not vitiate his conviction. Lala @ Anurag Prakash Aasre v. State of Maharashtra, August 24, 2021

2021 (9) Scale 576 | Constitution of India – The consideration for specifying a Scheduled Caste or Scheduled Tribes or Backward Classes in any given State depends on the nature and extent of the disadvantages and social and educational backwardness/hardships suffered by the members concerned of the class in the State specific but that may be absent in another State to which the person has migrated. Pankaj Kumar v. State of Jharkhand, August 19, 2021

2021 (9) Scale 439 | Arbitration and Conciliation Act, 1996 – Recognition and Enforcement of Foreign Awards. Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd.

2021 (9) Scale 399 | Representation of the People Act, 1951 – Political parties are to publish information regarding criminal antecedents of candidates on the homepage of their websites, thus making it easier for the voter to get to the information that has to be supplied. It will also become necessary now to have on the homepage a caption which states “candidates with criminal antecedents”. Brajesh Singh v. Sunil Arora

2021 (9) Scale 390 | 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

2021 (9) Scale 384 | 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 379 | Judicial Service – Higher Judicial Services (Recruitment and Conditions of Service) Rules – Question of inter-se seniority of promotees and direct recruits. Anand Kumar Tiwari v. High Court of Madhya Pradesh

2021 (9) Scale 373 | Judicial Service – Higher Judicial Services (Recruitment and Conditions of Service) Rules, 1994 (Madhya Pradesh) – Rules 5 and 11 – Method of Appointment – Seniority. Prem Narayan Singh  v. Hon’ble High Court of Madhya Pradesh

2021 (9) Scale 362 | Government Accommodation – The right to shelter does not mean right to government accommodation. The government accommodation is meant for serving officers and officials and not to the retirees as a benevolence and distribution of largesse. Union of India v. Onkar Nath Dhar

2021 (9) Scale 359 | Evidence Act, 1872 – Section 9 – Test Identification Parade (TIP) – there cannot be repeated TIPs till such time that the prosecution is successful in obtaining identification of the accused. Umesh Chandra v. State of Uttarakhand

2021 (9) Scale 346 | Income Tax Act, 1961 – Section 43B Explanation 3C – Certain deductions to be only on actual payment – Explanation 3C is clarificatory – it explains Section 43B(d) as it originally stood and does not purport to add a new condition retrospectively. M.M. Aqua Technologies Ltd. v. Commissioner of Income Tax, Delhi-III

2021 (9) Scale 340 | National Council for Teacher Education Act, 1993 – Section 14 (1) – Grant of recognition for conducting B.Ed. course. Devendra Pathak Sarvodaya College of Education v. National Council for Teacher Education

2021 (9) Scale 329 | Code of Civil Procedure, 1908 – Order VII Rule 11 (d) – Rejection of Plaint – the issue relating to a common drain between two private individuals residing within the limits of the Municipal Corporation is not an issue regarding which a specific bar is contemplated against approaching the civil court for relief. Ratul Mahanta v. Nirmalendu Saha

2021 (9) Scale 320 | 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

2021 (9) Scale 314 | 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

2021 (9) Scale 297 | Insolvency and Bankruptcy Code, 2016 – Section 9 – So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has no other option but to reject the application. Kay Bouvet Engineering Ltd. v. Overseas Infrastructure Alliance (India) Pvt. Ltd.

2021 (9) Scale 276 | Insolvency and Bankruptcy Code, 2016 – Section 62 – Appeal – Corporate Resolution – Insolvency Process – Approval of Resolution Plan – Challenge before Appellate Tribunal – Jurisdiction to approve a Resolution Plan – Exercise of jurisdiction. Pratap Technocrats (P) Ltd. v. Monitoring Committee of Reliance Infratel Ltd.

2021 (9) Scale 260 | 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

2021 (9) Scale 241 | Code of Civil Procedure, 1908 – Guiding principles for deciding an application under Order 7 Rule 11(d). Srihari Hanumandas Totala v. Hemant Vithal Kamat

2021 (9) Scale 189 | Arbitration and Conciliation Act, 1996 – No appeal lies under Section 37 of the Arbitration Act against an order of enforcement of an Emergency Arbitrator’s order made under Section 17(2) of the Act. Amazon.com NV Investment Holdings LLC v. Future Retail Ltd.

2021 (9) Scale 145 | Insolvency and Bankruptcy Code, 2016 – Section 62 – the decision of the Adjudicating Authority to entertain and/or to allow the request of the Appellant Bank for the filing of additional documents with supporting pleadings, and to consider such documents and pleadings did not call for interference in appeal. Dena Bank (Now Bank of Baroda) v. C. Shivakumar Reddy

2021 (9) Scale 113 | Code of Civil Procedure 1908 – Order XLI Rule 22 – It not necessary that a challenge to the adverse findings of the lower court needs to be made in the form of a memorandum of cross-objection. Saurav Jain v. A.B.P. Design

2021 (9) Scale 94 | Penal Code, 1860 – Ss. 302 r/w. 34 – Murder – Motive – illicit affair – If motive in a case is attributed to an accused(s) and thereafter proved, the probability of the crime being committed by the said accused is intensified. It is for this reason, that in cases of overwhelming circumstantial evidence, proof of motive will be an important piece of corroborative evidence, as well as, form a vital link in the chain of evidence. Surajdeo Mahto v. State of Bihar

2021 (9) Scale 88 | Code of Criminal Procedure, 1908 – Section 200 – the Magistrate, while taking cognizance, need not record statement of such public servant, who has filed the complaint in discharge of his official duty. Cheminova India Ltd. v. State of Punjab

2021 (9) Scale 83 | Code of Criminal Procedure, 1908 – Section 469 – Commencement of the period of limitation – the period of limitation, in relation to an offender, shall commence on the date of offence or where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier. Cheminova India Ltd. v. State of Punjab

2021 (9) Scale 60 | Representation of People Act, 1951 – the success of a candidate who has won at an election should not be lightly interfered with. N.S. Nandiesha Reddy v. Kavitha Mahesh

2021 (9) Scale 47 | 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

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