(1)
SHAKUNTALA SHUKLA .....Appellant Vs.
STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D
07/09/2021
SUPREME COURT OF INDIA
Penal Code – Sections 302, 149, 201 r/w 120B – Murder – Cancellation of Bail –The Supreme Court held that the High Court erred in releasing the accused on bail pending appeal against their conviction under Sections 302, 149, 201, r/w 120B IPC. The High Court failed to consider the accused’s repeated threats to witnesses and the gravity of the accusations. The conduct ...
(2)
EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHALGORA AREA (NOW KUSTORE AREA) OF M/S BHARAT COKING COAL LIMITED .....Appellant Vs.
WORKMEN BEING REPRESENTED BY JANTA MAZDOOR SANGH .....Respondent D.D
07/09/2021
SUPREME COURT OF INDIA
Employment Law – Manipulated Appointment – Fraudulent Selection Process – The Supreme Court allowed the appeal, overturning the Division Bench’s judgment and restoring the Single Judge’s decision. The court held that the reinstatement of workmen appointed through a manipulated and fraudulent process, without being listed by the Employment Exchange, was unjustified. Th...
(3)
THE STATE OF MADHYA PRADESH AND OTHERS ....Appellant Vs.
PUJARI UTTHAN AVAM KALYAN SAMITI AND ANOTHER ....Respondent D.D
06/09/2021
SUPREME COURT OF INDIA
Temple Lands – Ownership and Management – The presiding deity of a temple is recognized as the owner of land attached to the temple. The Pujari, tasked with performing puja and managing the deity's properties, does not hold ownership but serves in a managerial capacity. The Supreme Court upheld the Madhya Pradesh Government’s circulars directing the deletion of Pujari names f...
(4)
M/S. INDSIL HYDRO POWER AND MANGANESE LIMITED ....Appellant Vs.
STATE OF KERALA AND OTHERS ...Respondent D.D
06/09/2021
SUPREME COURT OF INDIA
Royalty – Controlled Release of Water – The expression 'Royalty' is compensation for rights and privileges enjoyed by the grantee, typically derived from agreements between the grantor and the grantee. Unlike a tax imposed statutorily without reference to special benefits, royalty is based on the benefits conferred through an agreement. Controlled release of water for INDSIL an...
(5)
STATE OF MADHYA PRADESH AND ANOTHER ....Appellant Vs.
AKHILESH JHA AND ANOTHER ...Respondent D.D
06/09/2021
SUPREME COURT OF INDIA
Disciplinary Enquiry – Delay and Prejudice – Allegations against the respondent, a police officer, included the unauthorized operation of a "Gunda Squad" leading to a custodial death. The Tribunal quashed the charge-sheet due to a two-year delay, deemed prejudicial to the respondent’s career prospects. The Supreme Court held that delay alone does not invalidate proceedi...
(6)
UNION OF INDIA AND OTHERS .....Appellant Vs.
M/S PUNA HINDA .....Respondent D.D
06/09/2021
SUPREME COURT OF INDIA
Contract Law – Payment Disputes – Jurisdiction of Writ Court – The Supreme Court held that the Gauhati High Court erred in directing payment to the respondent based on the Joint Survey Report for road construction without considering the disputed facts about the authenticity of the report and the quantum of work done. The Court emphasized that such disputed questions of fact shou...
(7)
THE ASSISTANT COMMISSIONER OF STATE TAX AND OTHERS ...Appellant Vs.
M/S COMMERCIAL STEEL LIMITED ....Respondent D.D
03/09/2021
SUPREME COURT OF INDIA
Alternative Remedy – Writ Jurisdiction – The Supreme Court emphasized that while the existence of an alternative remedy under the statute is not an absolute bar to the maintainability of a writ petition under Article 226 of the Constitution, a writ petition should be entertained only in exceptional circumstances where there is a breach of fundamental rights, a violation of the principl...
(8)
GUMANSINH @ LALO @ RAJU BHIKHABHAI CHAUHAN AND ANOTHER ...Appellant Vs.
THE STATE OF GUJARAT ...Respondent D.D
03/09/2021
SUPREME COURT OF INDIA
Abetment of Suicide – Presumption under Section 113-A Evidence Act – The case involved the suicide of the wife within eight months of marriage due to alleged cruelty by the husband and mother-in-law. Section 113-A of the Evidence Act provides for a presumption of abetment if a married woman commits suicide within seven years of marriage and is subjected to cruelty by her husband or his...
(9)
SOMESH THAPLIYAL AND ANOTHER ETC. ...Appellant Vs.
VICE CHANCELLOR H.N.B. GARHWAL UNIVERSITY AND ANOTHER ...Respondent D.D
03/09/2021
SUPREME COURT OF INDIA
Terms and Conditions of Employment – Dominance of Employer – The submissions made by the University's counsel that the teachers accepted the terms and conditions in their appointment letters were rejected. It was noted that employees in public employment cannot choose the terms of employment, as the employer is in a dominant position. Employees are often left with no option but to ...