Supreme Court Monthly Roundup – October 2021
“In matters pertaining to national security, the scope of judicial review is limited. However, this does not mean that the State gets
Supreme Court
Anticipatory bail to an absconder? Supreme Court says no!
Supreme Court: In a case where the Patna High Court had granted anticipatory bail to an absconder, the bench of MR Shah*
Utt HC | Once a concession was made by the State before the Supreme Court, the State is equally bound by the said concession; Court dismisses appeal
Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dismissed an appeal which was filed
Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC
Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,
‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough
“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”
SCC Snippets| Five golden principles governing cases based only on circumstantial evidence
In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, the bench of S. Murtaza Fazal Ali, A. Varadarajan and Sabyasachi
In Constitutionalising Repugnancy under Article 254(2), the Emphasis should be on Substance over Form | G. Mohan Rao v. State of T.N.: A case comment
by Balaji Srinivasan†† and Pallavi Sengupta†
Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court
“A testamentary court is not a court of suspicion but that of conscience.”
The Milestone Achievement of Amazon in Reinstating the Status Quo of Party Autonomy in Domestic and International Commercial Arbitrations
by Swarnendu Chatterjee*and Sneha Rath**
Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?
Appointment on compassionate ground is a concession and not a right.
Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing
Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains
Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of
Article 14 and Arbitrariness vis-à-vis Legislative Action
by Siddharth R. Gupta† and Kerti Sharma††
Cite as : 2021 SCC OnLine Blog Exp 76
Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict
Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?
Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of
Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court
Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of
Explained| Is Preliminary Enquiry mandatory in all corruption cases?
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is
Kashmiri migrants can’t retain Government accommodation for indefinite period after retirement: Supreme Court
The compassion shown to Kashmiri Migrants has to be balanced with the expectations of the serving officers to discharge their duties effectively.
Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC. [“Honourable acquittal” defined]
Supreme Court: In a case where a man, after being acquitted in a kidnapping case, had applied for the post of Constable