(1) GARG BUILDERS .....Appellant Vs. BHARAT HEAVY ELECTRICALS LIMITED .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Arbitration – Pendente Lite Interest – Clause barring interest in contract – Arbitrator cannot award pendente lite interest if contract explicitly bars it – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 emphasizes parties' agreement over arbitrator’s power – High Court's rejection of pendente lite interest upheld [Paras 1-23]. Contrac...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6216 of 2021 (Arising out of SLP (C) No. 16320 of 2018) Docid 2021 LEJ Civil SC 75

(2) PAULMECH INFRASTRUCTURE PRIVATE LIMITED .....Appellant Vs. THE STATE OF ODISHA AND OTHERS .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Lease Agreement – Termination and Payment Compliance – Dispute over non-payment within stipulated time – LOI required Rs. 9.34 crore within 30 days – Extensions granted but payment not completed within extended time – Termination of LOI upheld as justified – Amounts paid beyond deadlines ordered to be refunded – Appellant allowed to pursue civil suit for a...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6023 of 2021 (Arising out of SLP (Civil) No. 25409 of 2017) Docid 2021 LEJ Civil SC 47

(3) VIPAN KUMAR DHIR .....Appellant Vs. STATE OF PUNJAB AND ANOTHER .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Anticipatory Bail – Dowry Death – Conduct and Gravity of Offense – High Court granted anticipatory bail to respondent accused despite her absconding for over two years – Absconding and the nature of the offense distinguished her from co-accused granted bail – High Court's decision set aside as it ignored relevant factors [Paras 2-14]. Bail Cancellation – ...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal Nos. 1161-1162 of 2021 (Arising Out of SLP (Crl.) Nos. 5404-5405 of 2021) Docid 2021 LEJ Crim SC 27

(4) GAURAV KUMAR BANSAL .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

COVID-19 Ex-Gratia Assistance – Guidelines and Compliance – National Disaster Management Authority (NDMA) issued guidelines recommending Rs. 50,000/- ex-gratia assistance for kin of deceased due to COVID-19 – Assistance to be provided from State Disaster Response Fund (SDRF) – District Disaster Management Authority/District Administration responsible for disbursement &ndash...

SUPREME COURT OF INDIA REPORTABLE # Miscellaneous Application No. 1120 of 2021 in Writ Petition (Civil) No. 539 of 2021 Docid 2021 LEJ Civil SC 63

(5) K. KARUPPURAJ .....Appellant Vs. M. GANESAN .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

First Appellate Court – Duty to Address All Issues – High Court failed to re-appreciate the evidence and did not comply with Order 41 Rule 31 CPC – Appellate court must frame points for determination and address all issues based on evidence – High Court's judgment set aside for non-compliance [Paras 6-7]. Willingness to Perform Contract – Specific Performance S...

SUPREME COURT OF INDIA REPORTABLE # Case No.: Civil Appeal Nos. 6014-6015 of 2021 Docid 2021 LEJ Civil SC 46

(6) KORUKONDA CHALAPATHI RAO AND ANOTHER .....Appellant Vs. KORUKONDA ANNAPURNA SAMPATH KUMAR .....Respondent D.D 01/10/2021 SUPREME COURT OF INDIA

Family Settlement – Admissibility of Unregistered Document – High Court held family settlement document inadmissible – Supreme Court found document recorded past transactions, did not create or extinguish rights in property – Held Khararunama as admissible for explaining arrangement made and conduct of parties – Document did not attract Section 17(1)(b) of the Registr...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6141 of 2021 (Arising Out of SLP (C) No. 25745 of 2016) Docid 2021 LEJ Civil SC 10

(7) CHANDRA @ CHANDA @ CHANDRARAM AND ANOTHER .....Appellant Vs. MUKESH KUMAR YADAV AND OTHERS .....Respondent D.D 01/10/2021 SUPREME COURT OF INDIA

Loss of Dependency – Enhancement of Compensation – Deceased was a driver with a heavy vehicle driving license – Tribunal adopted minimum wage for skilled labor to compute income – High Court's dismissal of appeal without considering evidence and grounds raised by appellants – Income assessment based on minimum wage not justified – Oral evidence of deceased&#...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6152 of 2021 (Arising out of SLP(C) No. 6466 of 2019) Docid 2021 LEJ Civil SC 43

(8) NATIONAL INSURANCE COMPANY LIMITED .....Appellant Vs. CHAMUNDESWARI AND OTHERS .....Respondent D.D 01/10/2021 SUPREME COURT OF INDIA

Motor Accident – Negligence and Liability – High Court overturned Tribunal's finding of contributory negligence – Evidence from witnesses (PW-1 and PW-3) indicated Eicher van took sudden right turn without signal – High Court's reliance on witness evidence over First Information Report justified – Accident due to negligence of Eicher van driver affirmed [Paras...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6151 of 2021 (Arising out of SLP(C) No. 4705 of 2019) Docid 2021 LEJ Civil SC 64

(9) KERALEEYA SAMAJAM AND ANOTHER .....Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS .....Respondent D.D 01/10/2021 SUPREME COURT OF INDIA

Arrears of Salaries – Compliance with Pay Commission Recommendations – High Court directed the appellant to pay salaries as per 5th and 6th Pay Commissions – Appellant’s failure to comply led respondents to approach Deputy Director (Education) – Submission to restrict arrears to three years preceding the writ petition rejected – Duty of institution to comply wit...

SUPREME COURT OF INDIA REPORTABLE # SLP (C) Nos. 21660-21661 of 2019 Docid 2021 LEJ Civil SC 40