Arbitration Supreme Court Digest 2021 : Major Judgments

1. High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional RarityThe Supreme Court in Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd. has observed that the power of the High Courts under Article 226/227 of the Constitution of India to interfere with an arbitration process needs to be exercised in...

Insolvency & Bankruptcy Code : Important Supreme Court Judgments Of 2021

1. Supreme Court Upholds Sections 3, 4 & 10 Of IBC Amendment Act 2020 [Judgment dated: 19.01.2021] [Citation : LL 2021 SC 25] [Bench: Justices R.F. Nariman, Navin Sinha and K.M. Joseph] [Author: Justice K.M. Joseph] In Manish Kumar v. Union of India And Anr., the Supreme Court upheld the constitutional validity of Section 3, 4 and 10 of the Insolvency...

Supreme Court Annual Digest 2021-Part 1 [Citations 1 To 250]

As the end of year 2021 is nearing, LiveLaw brings to you an yearly Round-up of Supreme Court judgments. This yearly digest includes 765 orders and judgments, listed in the order of LiveLaw citation index.Due to the bulky size of the digest, it is being published in three parts. This part covers citations from 1 to 250. Part two will cover citations from 250 to 500 and part three will...

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...