(1)
COMPETITION COMMISSION OF INDIA .....Appellant Vs.
STATE OF MIZORAM AND OTHERS .....Respondent D.D
19/01/2022
SUPREME COURT OF INDIA
Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...
(2)
RENAISSANCE HOTEL HOLDINGS INC. .....Appellant Vs.
B. VIJAYA SAI AND OTHERS .....Respondent D.D
19/01/2022
SUPREME COURT OF INDIA
Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...
(3)
SUSHIL KUMAR .....Appellant Vs.
THE STATE OF HARYANA AND OTHERS .....Respondent D.D
19/01/2022
SUPREME COURT OF INDIA
Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...
(4)
STATE OF U.P. .....Appellant Vs.
JAI DUTT AND ANOTHER .....Respondent D.D
19/01/2022
SUPREME COURT OF INDIA
Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...
(5)
INDIAN OVERSEAS BANK AND OTHERS .....Appellant Vs.
OM PRAKASH LAL SRIVASTAVA .....Respondent D.D
19/01/2022
SUPREME COURT OF INDIA
Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...
(6)
MAMTAZ AND OTHERS .....Appellant Vs.
GULSUMA ALIAS KULUSUMA .....Respondent D.D
18/01/2022
SUPREME COURT OF INDIA
Civil Procedure – Ex parte Decree – Appellants filed suit for declaration and possession – Trial Court passed ex parte decree – Respondent (defendant) preferred an appeal with a delay of 2 years and 7 months – First Appellate Court dismissed the appeal due to absence of delay condonation – High Court erroneously quashed both First Appellate Court’s dismiss...
(7)
BHAGWANI .....Appellant Vs.
THE STATE OF MADHYA PRADESH .....Respondent D.D
18/01/2022
SUPREME COURT OF INDIA
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of an 11-year-old girl – Trial court awarded the death penalty, which was upheld by the High Court – Supreme Court partly allowed the appeal, commuting the death sentence to life imprisonment for a period of 30 years without remission – Emphasized the need to consider the possibility of rehab...
(8)
BANK OF BARODA AND ANOTHER .....Appellant Vs.
MBL INFRASTRUCTURES LIMITED AND OTHERS .....Respondent D.D
18/01/2022
SUPREME COURT OF INDIA
Insolvency Law – Resolution Applicant Eligibility – Sections 29A and 29A(h) of the IBC – Supreme Court held that "such creditor" in Section 29A(h) should be interpreted to include all similarly placed creditors after the initiation of the insolvency resolution process – The disqualification under Section 29A(h) is triggered by the existence of an enforceable guara...
(9)
ATLANTA LIMITED THROUGH ITS MANAGING DIRECTOR .....Appellant Vs.
UNION OF INDIA REPRESENTED BY CHIEF ENGINEER MILITARY ENGINEERING SERVICE .....Respondent D.D
18/01/2022
SUPREME COURT OF INDIA
Arbitration Law – Extension of Time and Contract Termination – Supreme Court upheld the findings of the Sole Arbitrator and the Single Judge, which granted the appellant an extension of time for completing the work and declared the termination of the contract by the respondent as wrongful – The Court emphasized that the Arbitrator’s interpretation of the contract clauses an...