Digests
Supreme Court Death Penalty Digest 2021
In 2020, the Supreme Court had affirmed death penalty in 8 cases (10 prisoners) and commuted death sentence to life imprisonment in 3 cases (4 prisoners). The year did not witness any acquittals. However, 2021 began with acquittal (1 prisoner) and ended with one (3 prisoners), as well. The Apex Court commutations totalled at 4 cases (5 prisoners). In one of these 4 cases, the Supreme...
2021 Supreme Court Digest On Negotiable Instruments Act
1. Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque DishonourIn P Mohanraj and others v M/s Shah Brothers Ispat Ltd, the Supreme Court held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments...
Supreme Court Monthly Digest: December 2021 [Citation: LL 2021 SC 696 To LL 2021 SC 764]
1. Rape Conviction Can Be Based On Sole Testimony Of Victim If Credible & Trustworthy, Reiterates Supreme Court [Case: Phool Singh v. State of Madhya Pradesh; Citation: LL 2021 SC 696] The Supreme Court reiterated that a rape accused can be convicted on sole testimony of prosecuterix if she is found to be credible and trustworthy. A bench comprising Justices MR Shah...
Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]
1. Insurance Claim Liable To Be Rejected If Premium Was Not Paid On Due Date[Case: Life Insurance Corporation of India v. Sunita; Citation: LL 2021 SC 617]The Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy. The bench of Justices Sanjiv Khanna and Bela M. Trivedi said that the terms of the insurance policy have to...
Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]
1. Forcing Party To Undergo DNA Test Against Will Impinge On Personal Liberty & Right To Privacy[Case: Ashok Kumar v. Raj Gupta and others; Citation: LL 2021 SC 525]The Supreme Court observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy. A bench comprising Justices R Subhash Reddy and Hrishikesh Roy. "observed, "In circumstances...
100 Major Supreme Court Judgments Of 2021 [Part 2, Judgments 53-75]
This is the second part of the article. The first part covered 52 judgments delivered from January to June. This part includes judgments(53-75) delivered from July to October. The third part will cover judgments (76-100) from October to December. Read the first part here and the third part here.53. 'Delhi Can Ill-Afford Another Riots; Role Of Facebook Must Be Looked Into': Supreme Court...
Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
1. Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of Designation[Case: Union of India v. Manoj Kumar; Citation: LL 2021 SC 409]The Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. In this case, the court had to examine the claims made by Private Secretaries (Grade-II) ("PS-II") employed in...
Supreme Court Monthly Digest: August 2021 [Citation LL 2021 SC 336 To LL 2021 SC 408]
1. Possible Apprehension Of Breach Of 'Law And Order ' Cannot Be A Ground For Preventive Detention[Case: Banka Sneha Sheela v. State of Telangana; Citation: LL 2021 SC 336]A Bench comprising Justice RF Nariman and Justice Hrishikesh Roy observed that a possible apprehension of breach of law and order cannot be a ground to detain a person under Preventive Detention Laws. It opined that...
Supreme Court Monthly Digest: July 2021 [Citation LL 2021 SC 279 To LL 2021 SC 335]
1. Accident By Rash Driving 26 Years Ago: Bus Driver Sentenced To Rs.2000 Fine [Case: Surendran v. Sub Inspector of Police; Citation: LL 2021 SC 279]A Bench comprising Justices Ashok Bhushan, Vineet Saran and MR Shah sentenced a bus driver accused of causing accident by rash driving 26 years ago to a fine of Rs. 2000. Surendran, while driving bus caused an accident on 16.02.1995 in which a...
Supreme Court Monthly Digest: June 2021 [Citation LL 2021 SC 263 To LL 2021 SC 278]
1. 'Digital Divide Will Have Serious Implications On Right To Equality & Health': Supreme Court On CoWIN Portal [Case: Re Distribution of Essential Supplies and Services During Pandemic; Citation: LL 2021 SC 263]A Bench comprising Justices DY Chandrachud, L. Nageswara Rao and S. Ravindra Bhatt flagged the digital divide afflicting the accessibility to the CoWIN portal by stating that it...
Supreme Court Monthly Digest: May 2021 [Citation LL 2021 SC 240 To LL 2021 SC 262]
1. Supreme Court Upholds Constitutional Validity of the Rajasthan Schools (Regulation of Fee) Act; Reads Down Sections 4, 7 and 10 [Case: Indian School, Jodhpur v. State Of Rajasthan; Citation: LL 2021 SC 240] A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari upheld the constitutional validity of the Rajasthan Schools (Regulation of Fee) Act, 2016. "The...
Supreme Court Monthly Digest: April 2021 [Citation LL 2021 SC 193 to LL 2021 SC 239]
1. Acquittal Based On Benefit Of Doubt In Serious Crime Cannot Make Candidate Eligible For Public Employment: Supreme Court [Case: State Of Rajasthan v. Love Kush Meena; Citation: LL 2021 SC 193] A Division Bench of Justices Sanjay Kishan Kaul and R. Subhash Reddy reiterated that acquittal based on a benefit of doubt in respect of a heinous or serious nature of crime cannot make...