(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...
(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...
(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 – ...
(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...
(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...
(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...
(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...
(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...
(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...