SARFAESI Act | Sale Certificate Cannot Be Issued In Favour Of A Third-Party Nominee Who Was Not The Auction Bidder: Supreme Court SARFAESI Act | Auction Sale Conducted In Violation Of Mandatory Rules And Subsisting Restraint Order Is Vitiated In Law: Supreme Court Recovery Of Alleged Overpayment From A Separate, Unrelated Contract Without Notice Violates Principles Of Natural Justice: Supreme Court IBC | Adjudicating Authority Has Power To Recall CIRP Admission Order If It Was Obtained Through Fraud Or Collusion: Supreme Court Section 138 NI Act | Presumption Of Service Is Attracted Once Notice Is Dispatched To Correct Address Of Drawer: Supreme Court Operation Of Hookah Bars In Restaurants Constitutes Violation Of Rule 4(3) Of COTPA Rules: Allahabad High Court High Court Cannot Recall Order Passed On Merits Even If Passed Ex-Parte: Bombay High Court Administrative Authorities Cannot Pass Orders Having Civil Consequences Without Meaningful Consideration Of The Affected Employee’s Response: Allahabad High Court Discharge Application Cannot Be Converted Into A 'Mini-Trial' To Assess Evidentiary Sufficiency: Andhra Pradesh High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Allegations Are Falsified By Documents Annexed To Plaint Or Based On Non-Existent Law: Bombay High Court Police Cannot Interfere In Pending Civil Disputes Or Act As Arbitrators In Private Property Conflicts: Andhra Pradesh High Court Contract For Personal Services Between Doctor And Hospital Is Determinable And Not Specifically Enforceable: Calcutta High Court Allegations Of Sexual Offences Cannot Be Quashed Based On Contradictory Evidence Requiring Mini-Trial: Delhi High Court PMLA Adjudication | Failure To Expressly Discuss Every Submission In Written Synopsis Does Not Vitiate Order Under Principles Of Natural Justice: Karnataka High Court Prolonged Separation Of Sixteen Years Constitutes Cruelty Under Special Marriage Act: Kerala High Court Grants Divorce Order XII Rule 6 CPC | Decree Of Possession Can Be Granted On Admissions Even If Relationship Of Landlord-Tenant Is Disputed: Delhi High Court Non-Framing Of Issues Under Order XIV CPC Does Not Vitiate Trial Unless Prejudice Is Proved: Madras High Court Order 47 Rule 1 CPC | Review Jurisdiction Cannot Be Invoked To Cure Failure To Produce Evidence That Was Within Knowledge Of Applicant: Madhya Pradesh High Court Codicil To A Will Must Be Proved Like A Will; Propounder Must Remove All Suspicious Circumstances: Punjab & Haryana High Court Mere Lodging Of Section 498-A IPC Case Not Cruelty: Telangana High Court Sets Aside Divorce Decree Order XVII Rule 3 CPC | Power To Dismiss Suit For Default Of Evidence Is Drastic And Must Be Exercised Sparingly: Punjab & Haryana High Court

(1) UNIVERSITY OF KERALA AND OTHERS ETC. .....Appellants Vs. MERLIN J.N. AND ANOTHER ETC. ETC. .....Respondents D.D 17/08/2022 SUPREME COURT OF INDIA

Educational Law – UGC Regulations – Exemption from NET – 2016 UGC Regulations exempting Ph.D. holders from NET applied retrospectively – Dr. Jayakumar's appointment in compliance with earlier regulations – Appointment upheld – Appeals allowed – High Court judgment set aside [Paras 1-27].   Declaratory and Clarificatory Amendments – Int...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). OF 2022 (Arising out of SLP (Civil) No(s). 12591-12596 of 2020) With CIVIL APPEAL NO(s). OF 2022 (Arising out of SLP (Civil) No(s). 13841-13858 of 2020) Docid 2022 LEJ Civil SC 33

(2) SATYENDER AND OTHERS .....Appellants Vs. SAROJ AND OTHERS .....Respondents D.D 17/08/2022 SUPREME COURT OF INDIA

Civil Procedure Code – Counter Claim – Order 8 Rule 6A – Counter claim must be against the plaintiff and must be instituted before the defendant has delivered his defense or before the time limit for delivering his defense has expired – Counter claim can be made on a separate or independent cause of action, but it has limitations such as pecuniary limits of the court's ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4833 OF 2022 (Arising Out of SLP (C) No. 948 of 2018) Docid 2022 LEJ Civil SC 15

(3) B.L.A. INDUSTRIES PRIVATE LIMITED .....Appellant Vs. UNION OF INDIA AND ANOTHER .....Respondents D.D 17/08/2022 SUPREME COURT OF INDIA

Mining Law – Coal Block Allocation – Wrongful Inclusion – Respondent No.1 (UOI) failed to follow due process, leading to wrongful inclusion of appellant in list of illegal coal block allotments – Appellant followed proper procedure under MMDR Act and MC Rules – UOI's callous approach caused appellant loss and ignominy – Allocation to appellant not through Sc...

SUPREME COURT OF INDIA REPORTABLE # Writ Petition (Civil) No. 63 of 2015 Contempt Petition (Criminal) No. 7 of 2016 in Writ Petition (Criminal) No. 120 of 2012 Docid 2022 LEJ Civil SC 21

(4) NAGAR PANCHAYAT MOONAK AND OTHERS .....Appellants Vs. STATE OF PUNJAB AND OTHERS .....Respondents D.D 17/08/2022 SUPREME COURT OF INDIA

Environmental Law – Flood Management – Overflooding of Ghaggar Basin – Final Model Study Report by CWPRS, Pune – State Governments of Punjab and Haryana directed to implement recommendations – Periodical stakeholder meetings every four weeks to monitor progress – Ghaggar Standing Committee to report every three months to CWC – CWC to submit report to Supre...

SUPREME COURT OF INDIA REPORTABLE # SPECIAL LEAVE PETITION (C) No. 39422 of 2013 Docid 2022 LEJ Civil SC 51

(5) SANDEEP ALIAS KALA .....Appellant Vs. STATE OF HARYANA .....Respondent D.D 16/08/2022 SUPREME COURT OF INDIA

Criminal Law – Conviction Reversal – High Court convicted the appellant under Section 302 read with Section 34 IPC after reversing the trial court's acquittal – Appellant's appeal to Supreme Court dismissed in limine without recording reasons – Supreme Court emphasized the need for notice and recording reasons when disposing of appeals under Article 134(1)(a) or (b)...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO. 143 OF 2018 Docid 2022 LEJ Crim SC 40

(6) MAKHAN SINGH .....Appellant Vs. THE STATE OF HARYANA .....Respondent D.D 16/08/2022 SUPREME COURT OF INDIA

Dowry Death – IPC Section 304B – The trial court convicted the appellant based on the second dying declaration implicating him, despite acquitting his parents on the same evidence – High Court reduced the sentence but upheld the conviction – Supreme Court found the first dying declaration more reliable as it was made voluntarily without any external influence, unlike the se...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1290 OF 2010 Docid 2022 LEJ Crim SC 88

(7) ORIENTAL BANK OF COMMERCE .....Appellant Vs. PRABODH KUMAR TEWARI .....Respondent D.D 16/08/2022 SUPREME COURT OF INDIA

Negotiable Instruments Act – Sections 138 and 139 – Dishonour of Cheque – The drawer's admission of signing a cheque raises a presumption of liability – This presumption cannot be rebutted merely by proving that the cheque details were filled in by someone other than the drawer – Handwriting expert's report on whether the drawer filled in the cheque details is...

SUPREME COURT OF INDIA # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1260 OF 2022 (Arising out of SLP (Crl) No. 9836 of 2019) Docid 2022 LEJ Crim SC 83

(8) STATE BANK OF INDIA AND ANOTHER .....Appellant Vs. AJAY KUMAR SOOD .....Respondent D.D 16/08/2022 SUPREME COURT OF INDIA

Judgment Writing – Incomprehensible Language – The High Court's judgment affirming the CGIT's order was found to be incomprehensible – Supreme Court emphasized the importance of clarity and accessibility in judgment writing – Highlighted the need for judgments to be written in a manner that is understandable to all stakeholders, including the parties involved and th...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5305 OF 2022 (Arising out of SLP (C) No. 4038 of 2021) Docid 2022 LEJ Civil SC 32

(9) UNION OF INDIA AND OTHERS .....Appellant Vs. BHARAT FORGE LTD. AND ANOTHER .....Respondent D.D 16/08/2022 SUPREME COURT OF INDIA

Contract Law – Tender Process – Uniform Bidding – GST Rates – High Court directed the appellant to clarify GST rates and HSN codes in the tender document to ensure fair competition – Supreme Court held that no statutory or public duty exists requiring the appellants to indicate the HSN code – Bidder's responsibility to quote correct GST rate [Paras 1-48]. ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising out of SLP(C) No. 4960 of 2021) Docid 2022 LEJ Civil SC 92