Indian Court Judgments — 2021

Criminal SC Reportable ✓ HN

Irappa Siddappa Murgannavar vs State of Karnataka

Penal Code, 1860: ss. 302, 376, 364, 366A and 201 – Rape and murder – Prosecution case that accused raped and murdered a five year old girl,…

8 November 2021 · Disposed · L. Nageswara Rao, Sanjiv Khanna, Bhushan Ramkrishna Gavai

Civil SC Reportable ✓ HN

State of Chhattisgarh & Anr. vs M/s Sal Udyog Private Limited

Arbitration and Conciliation Act, 1996: ss. 34, 37, 34(2A), 28(3) – Arbitral award – Interference with – Patent illegality – On facts, agree…

8 November 2021 · Disposed · N.V. Ramana, Surya Kant, Hima Kohli

Criminal SC Reportable ✓ HN

Hariram Bhambhi vs Sc/St

SC/ST (Prevention of Atrocities) Act, 1989: ss.15A(3) and 15A(5) – Rights of victims – Notice under s.15A not issued to victim/dependents wh…

29 October 2021 · Allowed · D.Y. Chandrachud, B.V. Nagarathna

Criminal SC Reportable ✓ HN

A.T. Mydeen and Another vs The Assistant Commissioner, Customs Department

Code of Criminal Procedure, 1973: Allegation of clandestine export – Two separate trials – Acquittal by two separate judgments – Appellate c…

29 October 2021 · Allowed · D.Y. Chandrachud, Vikram Nath, B.V. Nagarathna

Civil SC Reportable ✓ HN

Life Insurance Corporation of India and Another vs Sunita

Insurance: Insurance policy – Construction of – Held: Terms of insurance policy have to be strictly construed – It is not permissible to rew…

29 October 2021 · Allowed · Sanjiv Khanna, Bela M. Trivedi

Criminal SC Reportable ✓ HN

Bhoopendra Singh vs The State of Rajasthan

Bail: Grant of – Correctness of – On facts, 60 year old women accused of murder of village sarpanch – Case of previous enimity between accus…

29 October 2021 · Allowed · D.Y. Chandrachud, B.V. Nagarathna

Civil SC Reportable ✓ HN

Dr. Sushil Kumar Tripathi vs Jagadguru Ram Bhadracharya Handicapped University & Anr.

Service Law – Illegal Termination – UGC under its Tenth Plan issued grants to respondent-University including the grant for one lecturer in…

29 October 2021 · Allowed · D.Y. Chandrachud, Vikram Nath, B.V. Nagarathna

Criminal SC Reportable ✓ HN

Ganesan vs State Rep. by Station House Officer

Penal Code, 1860: s.397 – Applicability of – Held: To bring the case within s.397, the offender who uses any deadly weapon, or causes grievo…

29 October 2021 · Partly allowed · D.Y. Chandrachud, M.R. Shah

Criminal SC Reportable ✓ HN

Mahendra K C vs The State of Karnataka & Anr.

Code of Criminal Procedure, 1973: s.482 – Exercise of power under, scope – Prosecution case was that the victim-deceased, the driver of accu…

29 October 2021 · Allowed · D.Y. Chandrachud, B.V. Nagarathna

Criminal SC Reportable ✓ HN

The State of Jammu & Kashmir and Others vs Dr. Saleem Ur Rehman

J&K Prevention of Corruption Act, 2006: s.3, second proviso, s.5(1)(d) r/w 5(2) – Authorisation by Senior Superintendent of Police to the in…

29 October 2021 · Allowed · M.R. Shah, A.S. Bopanna

Criminal SC Reportable ✓ HN

Sarabjeet Singh Mokha vs The District Magistrate, Jabalpur & Ors.

Constitution of India: Art.22(5) – Preventive detention – Protection to undertrials and detainees – Held: Art.22(5) mandates that (i) the au…

29 October 2021 · Allowed · D.Y. Chandrachud, Vikram Nath, B.V. Nagarathna

Criminal SC Reportable ✓ HN

Dayle De’souza vs Government of India through Deputy Chief Labour Commissioner (C) and Another

Minimum Wages Act, 1948: s.22A, s.22C(1) and (2) – Appellant is director of WS Company which had entered into an agreement for servicing of…

29 October 2021 · Allowed · R. Subhash Reddy, Sanjiv Khanna

Civil SC Reportable ✓ HN

State of Kerala & Anr. vs M/s Popular Estates (Now Dissolved) & Anr.

Kerala Private Forests (Vesting and Assignment) Act, 1971: ss. 2(a), 2(f), 3, 6 and 8 – Kerala Land Reforms Act, 1963 – ss. 2(47) and 81 – P…

29 October 2021 · Dismissed · Indira Banerjee, S. Ravindra Bhat

Constitutional SC Reportable ✓ HN

Rajneesh Kumar Pandey & Ors. vs Union of India & Ors.

RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 132 of 2016) OCTOBER 28, 2021 [A. M. KHANWILKAR, DINESH MAH…

28 October 2021 · A.M. Khanwilkar, Dinesh Maheshwari, C.T. Ravikumar

Criminal SC Reportable ✓ HN

Thwaha Fasal vs Union of India

Unlawful Activities (Prevention) Act, 1967: Factors for consideration while granting bail – While deciding a bail petition filed by an accus…

28 October 2021 · Disposed · Ajay Rastogi, Abhay S. Oka

Constitutional SC Reportable ✓ HN

Yatin Narendra Oza vs High Court of Gujarat

Constitution of India – Arts.32, 142 – Withdrawal of Senior Advocate’s gown – Petition u/Art.32 – Maintainability of – Petitionererstwhile d…

28 October 2021 · Disposed · Sanjay Kishan Kaul, R. Subhash Reddy

Criminal SC Reportable ✓ HN

Sripati Singh (Since Deceased) through His Son Gaurav Singh vs The State of Jharkhand & Anr.

Negotiable Instruments Act, 1882: s.138 – Respondent no.2 obtained financial assistance of Rs.2 crore from the appellant due to previous acq…

28 October 2021 · Partly allowed · M.R. Shah, A.S. Bopanna

Civil SC Reportable ✓ HN

Union of India vs Bharti Airtel Ltd. & Ors.

Central Goods and Services Tax Act, 2017 – ss. 16, 39, 49, 59 and 168 – Central Goods and Services Tax Rules, 2017 – Circular dated 29.12.20…

28 October 2021 · Allowed · A.M. Khanwilkar, Dinesh Maheshwari