Important judgments in Sept 2021 Part 1 – Indian Judiciary – Free PDF Download

Important judgments (September 2021)

United India Insurance Co. Ltd vs Sushil Kumar Godara

• Supreme Court
• CORUM
• Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi
• OBSERVATION
• The Supreme Court observed that an insurance claim can be rejected if a vehicle is used/driven without a valid registration, since that would constitute a fundamental breach of the terms and conditions of the contract of insurance.

Mamta & Anr v. State of Punjab & Ors.

•  Punjab and Haryana High Court
• CORUM
• Justice Harnaresh Singh Gill
• OBSERVATION

The Punjab and Haryana High Court has held that the mere fact that petitioner-girl is not of marriageable age would not deprive her of the fundamental right as envisaged in the Constitution, being a citizen of India. Directing to grant protection to the minor girl.

Ishwarlal Mali Rathod vs. Gopal

• Supreme Court
• CORUM
• Justice MR Shah and AS Bopanna
• OBSERVATION
• The Supreme Court, in an order passed recently, urged the courts not to grant repeated adjournments in routine manner.
• Law and professional ethics do not permit such practice.
• Many a times, the task of adjournments is used to kill Justice.
• judicial officer has to bear in mind his duties to the litigants, shall not worry about ‘displeasure of Bar’.
• Time has now come to change the work culture and get out of the adjournment culture.

Ranjit Rajbanshi Vs. State of West Bengal 

• Supreme Court
• OBSERVATION
• The Calcutta High Court held that voluntary joint act of sexual union will not attract offence under Protection of Children from Sexual Offences Act, 2012.
• To convict a person for penetrative sexual assault, according to the Court, the psyche, maturity and previous conduct of the victim vis-à-vis the accused is also relevant.

Union of India vs Md. Nawaz Khan

• Supreme Court
• CORUM
• Justices DY Chandrachud and BV Nagarathna
• OBSERVATION

The Supreme Court observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, merely on a finding of the absence of possession of the contraband on the person of the accused.

Avishek Asit Mitra v. State of Maharashtra & Ors.

• Bombay High Court
• CORUM
• Justice Sandeep Shinde
• OBSERVATION
• The Bombay High Court refused to discharge a 32-year-old man accused of ‘rape on false promise of marriage’ and cheating, rejecting his claims of ‘astrological incompatibility’ as valid reason for refusing the marriage.

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