(1)
THE ORIENTAL INSURANCE COMPANY LIMITED .....Appellant Vs.
KAHLON @ JASMAIL SINGH KAHLON (DECEASED) THROUGH HIS LEGAL REPRESENTATIVE NARINDER KAHLON GOSAKAN AND ANOTHER .....Respondent D.D
16/08/2021
SUPREME COURT OF INDIA
Compensation Claim – Survival of Claim – The claim for personal injuries abates with the death of the injured if unrelated to the accident. However, the legal representatives can pursue claims for loss of the estate, which includes medical expenses, loss of income, and future prospects that would have accrued to the estate but for the accident. [Paras 9-20]
Loss of Estate – In...
(2)
BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS. .....Appellant Vs.
NANA DINKAR YADAV (TANPURA) AND ANOTHER .....Respondent D.D
13/08/2021
SUPREME COURT OF INDIA
Redemption of Mortgage – Limitation and Nature of Document – The Court examined whether the document dated 22.2.1969 was a conditional sale or a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882. The suit for redemption can be filed within 30 years from the date fixed for redemption. [Paras 1, 23]
Conditional Sale vs. Mortgage by Conditional Sale...
(3)
KAPTAN SINGH .....Appellant Vs.
THE STATE OF UTTAR PRADESH AND OTHERS .....Respondent D.D
13/08/2021
SUPREME COURT OF INDIA
Quashing of FIR – Inherent Powers of High Court – The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC without considering the investigation materials and statements collected. The High Court is not to delve into the merits of the case or conduct a trial while exercising its inherent powers. [Paras 9.1-9.3]
Serious Triable Allegations – T...
(4)
KRISHNA GOPAL TIWARY AND ANOTHER .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
13/08/2021
SUPREME COURT OF INDIA
Payment of Gratuity – Effective Date of Amendment – The appellants challenged the date of commencement of the Payment of Gratuity (Amendment) Act, 2010, which was set as 24.5.2010, asserting it should be effective from 1.1.2007. The Court upheld the executive's decision to fix the commencement date, noting that the benefit of higher gratuity is a one-time payment available only aft...
(5)
DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION .....Appellant Vs.
NATIONAL COUNCIL FOR TEACHER EDUCATION AND OTHERS .....Respondent D.D
11/08/2021
SUPREME COURT OF INDIA
Recognition of Educational Institutions – The Supreme Court addressed the issue of delay in the grant of recognition by the National Council for Teacher Education (NCTE) for conducting B.Ed. and D.El.Ed. courses. It was found that NCTE and its Regional Committees granted recognition for the Academic Year 2022-2023 after satisfying all requirements, but unjustifiably denied recognition for th...
(6)
M.M. AQUA TECHNOLOGIES LIMITED .....Appellant Vs.
COMMISSIONER OF INCOME TAX DELHI-III .....Respondent D.D
11/08/2021
SUPREME COURT OF INDIA
Income Tax – Deduction of Interest Converted to Debentures – The issue was whether the issuance of debentures in lieu of interest accrued and payable constitutes "actual payment" under Section 43B. The Assessing Officer disallowed the deduction, but the CIT(A) and ITAT allowed it, holding that the issuance of debentures amounted to actual payment. [Paras 3-6]
Explanation 3...
(7)
SUNIL ARORA AND OTHERS .....Respondent Vs.
SUNIL ARORA AND OTHERS .....Respondent D.D
10/08/2021
SUPREME COURT OF INDIA
Criminalisation in Politics – Obligation to Disclose Criminal Antecedents – Addressing the growing criminalisation in the Indian political system, the Supreme Court emphasized that maintaining the purity of the political system necessitates excluding individuals with criminal records from law-making roles. The Court questioned whether it could enforce such standards through directions ...
(8)
RATUL MAHANTA .....Appellant Vs.
NIRMALENDU SAHA .....Respondent D.D
10/08/2021
SUPREME COURT OF INDIA
Civil Procedure – Order 7 Rule 11(d) – Rejection of plaint – Court held that the provisions under the Guwahati Municipal Corporation Act, 1971 do not bar the civil court from entertaining a suit seeking declaration of an existing right to use a drain. The High Court erred in invoking Order VII Rule 11(d) of the CPC to reject the plaint on the grounds of jurisdiction [Paras 1-19]....
(9)
PRATAP TECHNOCRATS (P) LIMITED AND OTHERS .....Appellant Vs.
MONITORING COMMITTEE OF RELIANCE INFRATEL LIMITED AND ANOTHER .....Respondent D.D
10/08/2021
SUPREME COURT OF INDIA
Insolvency and Bankruptcy Code – Resolution Plan Approval – Jurisdiction of Adjudicating and Appellate Authorities – Court held that the Adjudicating Authority and the Appellate Authority cannot interfere with the commercial wisdom of the Committee of Creditors (CoC) as long as the resolution plan meets the requirements under Section 30(2) of the IBC – Emphasized that the a...