Month: January 2022

For the monetary benefits accused-husband hatched a criminal conspiracy with other co-accused to kill his wife and tried to make out an accidental case – – looking to the seriousness of the offence and looking to the nature and gravity of the offence committed by accused-husband, the High Court ought not to have released accused-husband on bail – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH ISHWARJI NAGAJI MALI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal…

Awarding death sentence is an exception, and life imprisonment is the rule. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion – It is not just the crime which the Court is to take into consideration, but also the criminal, the state of his mind, his socio-economic background, etc.

SUPREME COURT OF INDIA FULL BENCH BHAGWANI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Sand is also required for construction of public infrastructural projects as well as public and private construction activities – It was necessary to permit the mining activities so as to prevent illegal mining and also to prevent loss to the public exchequer and permitted the Corporation to carry out the mining activities, and further to employ the services of the contractor

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. PAWAN KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Contempt of Court – Non-compliance of the directions issued by this Court is wilful and deliberate and amounts to contempt of Court – Direction to respondent-contemnors to remain present before this Court on 22nd February 2022 and show cause as to why they should not be held guilty for having committed contempt of this Court and be punished in accordance with law.

SUPREME COURT OF INDIA DIVISION BENCH BIJAY KUMAR SINHA AND OTHERS — Appellant Vs. TRIPURARI SHARAN AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Arbitration Act, 1940 – Sections 30, 33 and 39 – Extension of time to execute the contract – Single Judge that there was sufficient justification for the appellant-claimant to have sought extension of time for completing the work and that the decision of the respondent-Union of India to terminate the contract, was not for legitimate reasons.

SUPREME COURT OF INDIA FULL BENCH ATLANTA LIMITED THR. ITS MANAGING DIRECTOR — Appellant Vs. UNION OF INDIA REPRESENTED BY CHIEF ENGINEER MILITARY ENGINEERING SERVICE — Respondent ( Before :…

IBC – Word “such creditor” in Section 29A(h) has to be interpreted to mean similarly placed creditors after the application for insolvency application is admitted by the adjudicating authority. As a result, what is required to earn a disqualification under the said provision is a mere existence of a personal guarantee that stands invoked by a single creditor, notwithstanding the application being filed by any other creditor seeking initiation of insolvency resolution process.

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND ANOTHER — Appellant Vs. MBL INFRASTRUCTURES LIMITED AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh,…

Suit for specific performance – Agreement to sell – whether the agreement to sell in this case is in the teeth of Section 23 of the Contract Act – Contract was unenforceable for reason that it clearly, both expressly and impliedly, would defeat the object of the Rules, which are statutory in nature – Suit specific performance was not maintainable – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH G.T. GIRISH — Appellant Vs. Y. SUBBA RAJU (D) BY LRS AND ANOTHER — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha,…

A bona fide purchaser long prior to the institution of the suit for specific performance by the Respondent, specific performance could not be enforced against her or her transferees as they would fall within the exception of transferee for value who had paid money in good faith and without notice of the original contract – Appellant would fall within the exception set out in Section 19(b) of the Specific Relief Act, being transferees who had paid money in good faith and without notice of the original contract.

SUPREME COURT OF INDIA DIVISION BENCH SEETHAKATHI TRUST MADRAS — Appellant Vs. KRISHNAVENI — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal Nos. 5384-5385…

Companies Act, 2013 – Sections 243, 237(b), 433, 433(a), 433(g), 433(h), 433(i) and 439(1)(f) – Winding up – If the conduct of the affairs of the company in a fraudulent manner is a continuing process, the right to apply winding up becomes recurring: – Main departure of the 2013 Act from the statutory regime of the 1956 Act, is the specific inclusion of fraud, directly as one of the circumstances in which a company could be wound up –

SUPREME COURT OF INDIA DIVISION BENCH DEVAS MULTIMEDIA PRIVATE LIMITED — Appellant Vs. ANTRIX CORPORATION LIMITED AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Hon’ble Prime Minister Shri Narendra Modi Security Case – Security lapse – Questions cannot be left to be resolved through one­sided enquiries – A judicially trained independent mind, duly assisted by officers who are well acquainted with the security considerations and the Registrar General of the High Court who has seized the record pursuant to earlier order, would be best placed

SUPREME COURT OF INDIA FULL BENCH LAWYERS VOICE — Appellant Vs. THE STATE OF PUNJAB AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli,…

You missed

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.