100 Important Supreme Court Judgments Of 2021 [Part 1, Judgments 1-52]

As 2021 draws to a close, LiveLaw brings to you a round-up of the major judgments of the Supreme Court of this year. This year, in view of the huge number of significant judgments, the round-up is done in three parts. This parts covers 52 major decisions from January to June 2021. The second and third parts will cover the significant judgments delivered during the second half of 2021.January 20211. Supreme Court Upholds Centre's Plan For The Central Vista Project by 2:1 Majority, Justice Khanna Dissents [Case: Rajeev Suri v. DDA & Ors.; Citation: LL 2021 SC 1; Order dated January 5, 2021] The Supreme Court upheld the Central Government's plan for construction of the Central Vista project and the government's proposal to construct a new Parliament in Lutyen's Delhi. A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna pronounced the judgement, with Justices Khanwilkar and Maheshwari forming the majority, and with Justice Khanna pronouncing a separate judgement. "We cannot be called upon to govern. For, we have no wherewithal or prowess and expertise in that regard," remarked the Judges in majority. Justice Khanna on the other hand expressed dissent on the aspects of public participation on interpretation of the statutory provisions, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee. Also Read: Central Vista- Lack Of Public Consultation, No Approval From HCC, Non Speaking Order Granting Environment Clearance: Justice Sanjiv Khanna In His Dissent Also Read: 'We Cannot Be Called Upon To Govern. For We Have No Wherewithal or Prowess And Expertise In That Regard': Supreme Court In Central Vista Case2. Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench [Case : N.N. GLOBAL MERCANTILE PVT. LTD VS. INDO UNIQUE FLAME LTD; CITATION: LL 2021 SC 13; Order dated January 13, 2021]A three-judge bench of the Supreme Court has observed that non-payment of stamp duty on the commercial contract will not invalidate the arbitration agreement.Disagreeing with two earlier judgments in this regard, the bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee referred the following question to the Constitution Bench."Whether the statutory bar contained in Section 35 of the Indian Stamp Act, 1899 applicable to instruments chargeable to Stamp Duty under Section 3 read with the Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, unenforceable, or invalid, pending payment of stamp duty on the substantive contract / instrument ? "The bench also observed that the ground that allegations of fraud are not arbitrable is a wholly archaic view, which has become obsolete, and deserves to be discarded.3. Incorporation Of One-sided And Unreasonable Clauses In Apartment Buyer's Agreement Constitutes An 'Unfair Trade Practice': Supreme Court [Case: Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna; Citation: LL 2021 SC 14A; Order dated January 11, 2021] The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer's Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act. It also observed that the Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer's Agreement. The Court held thus while disposing an appeal filed by a Developer against an order passed by National Consumer Disputes Redressal Commission directing it to refund of the amounts deposited by the Apartment Buyers on account of the inordinate delay in completing the construction and obtaining the Occupation Certificate.4. Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench [Case Title: Union of India v. M/S Tantia Constructions Ltd.; Citation: LL 2021 SC 22] Order dated January 11, 2021 A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph doubted the correctness of the decision in Central Organisation for Railway Electrification vs.M/s ECI-SPIC-SMO-MCML (JV) A Joint Venture Company and referred to larger bench the issue whether the appointment of an arbitrator by a person, who is disqualified to be an arbitrator as per Section 12(5) of the Arbitration Act, is valid. 5. Supreme Court Upholds Sections 3, 4 & 10 Of IBC Amendment Act 2020 [Case: Manish Kumar v. Union of India; Citation: LL 2021 SC 25] Order dated January 19, 2021 A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph upheld the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020, in...

100 Important Supreme Court Judgments Of 2021 [Part 1, Judgments 1-52]

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