(1) THE STATE OF MAHARASHTRA AND OTHERS .....Appellant Vs. MR. ASPI CHINOY AND ANOTHER .....Respondent D.D 30/09/2022 SUPREME COURT OF INDIA

Land Lease – No Objection Certificate – Appellant (State of Maharashtra) challenged the High Court's ruling that invalidated the requirement for a No Objection Certificate from the Collector for flat transfers in specified buildings – High Court found the requirement unjustified under the applicable Government Resolutions and lease terms – Supreme Court upheld the High ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5809 OF 2011 With CIVIL APPEAL NOS. 5809-5814 OF 2011 (Arising out of SLP(C) Nos. 26906-26911 of 2011) Docid 2022 LEJ Civil SC 31

(2) SUKHBIRI DEVI AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 29/09/2022 SUPREME COURT OF INDIA

Civil Procedure – Preliminary Issue – Limitation – Determination of Limitation as a Preliminary Issue – Issue of limitation can be framed and determined as a preliminary issue under Order XIV Rule 2(2)(b) CPC when it can be decided on admitted facts – Though limitation is a mixed question of law and facts, it becomes a question of law when foundational facts determini...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 10834 of 2010 Docid 2022 LEJ Civil SC 48

(3) M/S. JINDAL STEEL AND POWER LIMITED .....Appellant Vs. THE CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND OTHERS .....Respondent D.D 29/09/2022 SUPREME COURT OF INDIA

  Electricity Law – Grant of Licence – Minimum Area of Supply – Appeal against the cancellation of distribution licence – Interpretation of Section 14 of the Electricity Act, 2003, and Explanation to Rule 3 of the Distribution of Electricity Rules, 2005 – Held, 'minimum area of supply' within a municipal council or corporation does not imply the entire...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 3607-3610 of 2008 With Civil Appeal Nos. 4104-4107 of 2008 Docid 2022 LEJ Civil SC 83

(4) M/S PRIME PROPERTIES .....Appellant Vs. SANA LAKSHMI DEVI (DIED) THROUGH HER LRS AND OTHERS .....Respondent D.D 29/09/2022 SUPREME COURT OF INDIA

Civil Procedure – Review Petition – Trial Court initially rejected plaintiff's application to file a rejoinder – Plaintiff filed review petition, presenting the rejoinder was already filed – Trial Court reviewed its decision and accepted the rejoinder – High Court disapproved, stating review powers were exceeded – Supreme Court held review was justified, all...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. of 2022 (Arising Out of SLP (C) No. 6464 of 2022) Docid 2022 LEJ Civil SC 34

(5) X .....Appellant Vs. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER .....Respondent D.D 29/09/2022 SUPREME COURT OF INDIA

Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 5802 of 2022 (Arising out of SLP (C) No. 12612 of 2022) Docid 2022 LEJ Civil SC 99

(6) RAM KUMAR .....Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS .....Respondent D.D 28/09/2022 SUPREME COURT OF INDIA

Appeal against the High Court’s decision allowing the writ petition and setting aside the cancellation of the fair price shop licence of respondent No.9.

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 4258 of 2022 Docid 2022 LEJ Civil SC 12

(7) CHOTKAU .....Appellant Vs. STATE OF UTTAR PRADESH .....Respondent D.D 28/09/2022 SUPREME COURT OF INDIA

Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction and death sentence for rape and murder – Prosecution relied solely on circumstantial evidence without medical examination of the accused – Failure to obtain Forensic Sciences Laboratory report on blood/semen stains – Prosecution’s failure to provide medical evidence critical w...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal Nos. 361-362 of 2018 Docid 2022 LEJ Crim SC 34

(8) ANJU GARG AND ANOTHER .....Appellant Vs. DEEPAK KUMAR GARG .....Respondent D.D 28/09/2022 SUPREME COURT OF INDIA

Maintenance – Section 125 CrPC – Husband's Duty to Provide – Husband is required to earn money even by physical labor if he is able-bodied and cannot avoid his obligation except on legally permissible grounds – The Court directed the husband to pay a maintenance amount of Rs. 10,000 per month to the wife [Paras 9-13].   Social Justice – Section 125 CrPC...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 1693 of 2022 (Arising out of SLP(Crl) No. 10353 of 2018) Docid 2022 LEJ Crim SC 37

(9) MORESHAR YADAORAO MAHAJAN .....Appellant Vs. VYANKATESH SITARAM BHEDI (D) THR. LRS. AND OTHERS .....Respondent D.D 27/09/2022 SUPREME COURT OF INDIA

Necessary Party – Tests for Determination – Two tests for determining a necessary party: (1) there must be a right to some relief against such party concerning the controversies involved in the proceedings; (2) no effective decree can be passed in the absence of such a party – Plaintiff admitted the suit property was jointly owned by defendant, his wife, and three sons – Ef...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 5755-5756 of 2011 Docid 2022 LEJ Civil SC 89