Home » 8 Supreme Court Cases Reported in Scale September 2021 Volume 10

8 Supreme Court Cases Reported in Scale September 2021 Volume 10

  • Citations

1. Gumansinh @ Lalo @ Raju Bhikhabhai Chauhan v. State of Gujarat, 2021 (10) Scale 198

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.

2. Somesh Thapliyal v. Vice Chancellor, H.B.B. Garhwal University, 2021 (10 ) Scale 213

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.

3. Balasubramanian v. M. Arockiasamy, 2021 (10) Scale 179

Code of Civil Procedure, 1973 – Section 100 – Merely because the High Court refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been reappreciated.

4. J. Chitra v. District Collector, 2021 (10) Scale 192

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.

5. Debabrata Saha v. Serampore Municipality, 2021 (10) Scale 43

Municipal Act, 1996 (West Bengal) – Section 218 – Demolition of the illegal construction – The Appellant had purchased the ground floor of the property in dispute. The conveyance relates to the ground floor of the two-storied building admeasuring a covered area of 950 square feet. The Appellant was permitted to use the common stair case, septic tank, open yard, separate water reservoir in common portion common passages, common drain in the ground floor along with roof right. The dispute pertains to the right of Respondent No.3 in making a construction on the roof of the first floor in which he resides. Any dispute relating to that right has to be decided by the civil court as held correctly by the High Court. Therefore, the Appeal is dismissed.

6. P. Ishwari Bai v. Anjani Bai, 2021 (10) Scale 188

Code of Civil Procedure, 1908 – Order XLI Rule 4 – Appeal – Death of one of the Defendants – Where in a proceeding a party dies and one of the legal representatives is already on the record in another capacity, it is only necessary that he should be described by an appropriate application made in that behalf that he is also on the record, as an heir and legal representative. Even if there are other heirs and legal representatives and no application for impleading them is made within the period of limitation prescribed by the Limitation Act, the proceeding will not abate.

7. Sanjay Ramdas Patil v. Sanjay, 2021 (10) Scale 159

Constitution of India – Interpretation of Statues – Guiding Principles – It is the duty of the Court to construe the Statute as a whole and that one provision of the Act has to be construed with reference to other provisions so as to make a consistent enactment of the whole Statute.

8. Sangeeta Sunil Shinde v. State of Maharashtra, 2021 (10) Scale 46

Election Law – An elected representative can only stay in power so long as such person enjoys the support of the majority of the elected members – As soon as such a person loses the confidence of the majority, he becomes unwanted. In a democratic set up, the will of the majority has to prevail.

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