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. 2021 (9) SCALE 189 | 06-08-2021 | Amazon.com NV Investment Holdings LLC v. Future Retail Ltd.
Arbitration and Conciliation Act, 1996 – Recognition and Enforcement of Foreign Awards. 2021 (9) SCALE 439 | 10-08-2021 | Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd.
Banking Law – Difference between a ‘Scheduled Indian Bank’ and ‘Scheduled Bank located in India’ – Explained. | 24-08-2021 | Sepco Electric Power Construction Corporation v. Power Mech Projects Ltd.
Building Rules – Violation of distance requirement under Building Regulations – The illegal construction of T-16 and T-17 has been achieved through acts of collusion between the officers of NOIDA and the appellant and its management – The order passed by the High Court for the demolition of Apex and Ceyane (T-16 and T-17) does not warrant interference and the direction for demolition issued by the High Court is affirmed. | 31-08-2021 | Supertech Ltd. v. Emerald Court Owner Resident Welfare Association
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. 2021 (9) SCALE 113 | 05-08-2021 | Saurav Jain v. A.B.P. Design
Code of Civil Procedure, 1908 – Guiding principles for deciding an application under Order 7 Rule 11(d). 2021 (9) SCALE 241 | 09-08-2021 | Srihari Hanumandas Totala v. Hemant Vithal Kamat
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. JT 2021 (8) SC 51 : 2021 (9) SCALE 329 | 10-08-2021 | Ratul Mahanta v. Nirmalendu Saha
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. 2021 (9) SCALE 88 | 04-08-2021 | Cheminova India Ltd. v. State of Punjab
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. 2021 (9) SCALE 83 | 04-08-2021 | Cheminova India Ltd. v. State of Punjab
Code of Criminal Procedure, 1973 – S. 482 – Quashing of Criminal Proceedings – 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. JT 2021 (8) SC 29 | 13-08-2021 | Kaptan Singh v. State of Uttar Pradesh
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. | 24-08-2021 | Manjeet Singh v. State of Haryana
Code of Criminal Procedure, 1973 – Section 482 – Interim orders of High Courts which grant stay of arrest or which direct that no coercive steps must be taken against the accused, without assigning reasons cannot be sustained. | 31-08-2021 | Salimbhai Hamidbhai Menon v. Niteshkumar Maganbhai Patel
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. | 24-08-2021 | Saranya v. Bharathi
Code of Criminal Procedure, 1973 – Ss. 125 & 357 – Penal Code, 1860 – Section 498A – The object of any criminal jurisprudence is reformative in character and to take care of the victim. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence. | 31-08-2021 | Samaul SK. v. State of Jharkhand
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. | 24-08-2021 | Pichra Warg Kalyan Mahasabha v. State of Haryana
Constitution of India – S. 142 – Penal Code, 1860 – S.302 r/w. 34 – denying the benefit of acquittal to accused merely on the ground of a technicality that he is not on appeal would be to close our eyes to a gross injustice. | 18-08-2021 | Madhav v. State of Madhya Pradesh
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. JT 2021 (8) SC 77 : 2021 (9) SCALE 260 | 09-08-2021 | Suman Chadha v. Central Bank of India
Criminal Law – Generalizations, leading to condonation of the offender’s conduct, should not enter the judicial verdict and should be avoided. | 25-08-2021 | Commissioner of Police v. Raj Kumar
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. | 03-08-2021 | State of Haryana v. Raj Kumar @ Bittu
Employment Law – Principle of Equivalency – Once the GOs specifically declared that the degrees were equivalent to the designated subject which formed part of the employment notification, the GOs in substance have to be interpreted as clarificatory in nature and these cannot be construed to have had elevated the status or position of the degree. JT 2021 (8) SC 87 | 17-08-2021 | Praveen Kumar C.P. v. Kerala Public Service Commission
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. 2021 (9) SCALE 359 | 11-08-2021 | Umesh Chandra v. State of Uttarakhand
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. 2021 (9) SCALE 362 | 05-08-2021 | Union of India v. Onkar Nath Dhar
Higher Judicial Services (Recruitment and Conditions of Service) Rules, 1994 (Madhya Pradesh) – Rules 5 and 11 – Method of Appointment – Seniority. 2021 (9) SCALE 373 | 12-08-2021 | Prem Narayan Singh v. Hon’ble High Court of Madhya Pradesh
Income Tax Act, 1961 – An entity which is misusing the status conferred upon it by Section 12AA of the Act is not entitled to retain and enjoy said status. JT 2021 (7) SC 204 : 2021 (9)SCALE 10 | 02-08-2021 | Commissioner of Income Tax v. Batanagar Education and Research Trust
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. JT 2021 (8) SC 37 : 2021 (9) SCALE 346 | 11-08-2021 | M.M. Aqua Technologies v. Commissioner of Income Tax
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. 2021 (9) SCALE 276 | 10-08-2021 | Pratap Technocrats (P) Ltd. v. Monitoring Committee of Reliance Infratel Ltd.
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. 2021 (9) SCALE 145 | 04-08-2021 | Dena Bank (Now Bank of Baroda) v. C. Shivakumar Reddy
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. 2021 (9) SCALE 297 | 10-08-2021 | Kay Bouvet Engineering Ltd. v. Overseas Infrastructure Alliance (India) Pvt. Ltd.
Insurance Law – Surveyor’s Report – the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted. | 18-08-2021 | National Insurance Company v. Hareshwar Enterprises
Judicial Service. JT 2021 (7) SC 215 : 2021 (9) SCALE 6 | 02-08-2021 | Rajinder Goel v. High Court of Punjab & Haryana
Judiciary – the offending remarks recorded by the judge against a practicing lawyer should not have been recorded in the manner it was done. The appellant whose professional conduct was questioned, was not provided any opportunity to explain his conduct or defend himself. The comments were also unnecessary for the decision of the Court. It is accordingly held that the offending remarks should be recalled to avoid any future harm to the appellant’s reputation or his work as a member of the Bar. JT 2021 (7) SC 210 : 2021 (9) SCALE 6 | 02-08-2021 | Neeraj Garg v. Sarita Rani
National Council for Teacher Education Act, 1993 – Section 14 (1) – Grant of recognition for conducting B.Ed. course. 2021 (9) SCALE 340 | 11-08-2021 | Devendra Pathak Sarvodaya College of Education v. National Council for Teacher Education
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. JT 2021 (8) SC 61 : 2021 (9) SCALE 314 | 10-08-2021 | Davesh Nagalya v. Pradeep Kumar
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. JT 2021 (8) SC 23 : 2021 (9) SCALE 384 | 13-08-2021 | Krishna Gopal Tiwary v. Union of India
Penal Code, 1860 – Ss. 302 & 436 – Links in the chain of circumstances is necessary to be established for conviction on the basis of circumstantial evidence. JT 2021 (8) SC 67 : 2021 (9) SCALE 320 | 10-08-2021 | Parubai v. State of Maharashtra
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. 2021 (9) SCALE 94 | 04-08-2021 | Surajdeo Mahto v. State of Bihar
Penal Code, 1860 – Ss. 302 r/w. 34 – the statements of the eyewitnesses are quite cogent and consistent with the earliest version recorded in the form of the First Information Report. 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. | 27-08-2021 | Sandeep v. State of Haryana
Penal Code, 1860 – Ss. 302, 120B, 147, 148 & 324 – Identification by name in the testimony of the eye witnesses can be safely concluded that the failure to conduct the TIP will not vitiate conviction. | 24-08-2021 | Lala @ Anurag Prakash Aasre v. State of Maharashtra
Penal Code, 1860 – Ss. 302, 120B, 34, 201 – Arms Act, 1959 – S. 25 – 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. | 24-08-2021 | Harjit Singh v. Inderpreet Singh @ Inder
Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (Uttar Pradesh). 2021 (9) SCALE 109 | 03-08-2021 | State of Uttar Pradesh v. Uttam Singh
Representation of People Act, 1951 – the success of a candidate who has won at an election should not be lightly interfered with. 2021 (9) SCALE 60 | 03-08-2021 | N.S. Nandiesha Reddy v. Kavitha Mahesh
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”. 2021 (9) SCALE 399 | 10-08-2021 | Brajesh Singh v. Sunil Arora
Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Maharashtra) – Section 10 – Benefits secured on the basis of false Caste Certificate to be withdrawn – the impact of the legislation which came into effect on 17.10.2001 must have full and unhindered effect and operation. 2021 (9) SCALE 477 | 10-08-2021 | Chandrabhan v. State of Maharashtra
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – It is the case of the appellant that he is a tenant of the Secured Asset – Intervention application was dismissed by the Magistrate holding that there was no registered tenancy – Borrowers have not claimed that any tenant is staying at the Secured Asset – Rent receipt claiming tenancy which is after the date of creation of mortgage – there is a serious doubt as to the bona fide of the tenant, as there is no good or sufficient evidence to establish the tenancy of the appellant. JT 2021 (8) SC 8 | 17-08-2021 | Hemraj Ratnakar Salian v. Hdfc Bank Ltd.
Service Law – Railway – Disparity between Secretariat and field offices – Recommendations for non – Secretariat Organizations – the aspect of disparity between the Secretariat and the field offices was a matter taken note of by the Commission itself while making the recommendations. Yet to some extent, a separate recommendation was made qua Secretariat Organizations and non-Secretariat Organizations. Once these recommendations are separately made, to direct absolute parity would be to make the separate recommendations qua non-Secretariat Organizations otiose. If one may say, there would have been no requirement to make these separate recommendations if everyone was to be treated on parity on every aspect. | 31-08-2021 | Union of India v. Manoj Kumar
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. 2021 (9) SCALE 47 | 03-08-2021 | North Delhi Municipal Corporation v. Dr. Ram Naresh Sharma
Service Law – Whether there would be a cut-off date under paragraph 11(3) of the Employees’ Pension Scheme and whether the decision in R.C. Gupta, (2018) 4 SCC 809 would be the governing principle – Referred to larger Bench. | 24-08-2021 | Employees Provident Fund Organisation v. Sunil Kumar B.
Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986. 2021 (9) SCALE 15 | 02-08-2021 | Banka Sneha Sheela v. State of Telangana
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. JT 2021 (8) SC 13 : 2021 (9) SCALE 390 | 13-08-2021 | Bhimrao Ramchandra Khalate v. Nana Dinkar Yadav
Wakf Act, 1995 – Whether suit for eviction from the Wakf properties could be instituted before the Wakf tribunal ? 2021 (9) SCALE 73 | 03-08-2021 | Telangana State Wakf Board v. Mohamed Muzafar
Will – Plea regarding mode of proof cannot be permitted to be taken at the appellate stage for the first time, if not raised before the trial Court at the appropriate stage. JT 2021 (8) SC 1 | 17-08-2021 | Lachhmi Narain Singh v. Sarjug Singh