(1) THE SECRETARY TO GOVT. OF KERALA IRRIGATION DEPARTMENT AND OTHERS .....Appellant Vs. JAMES VARGHESE AND OTHERS .....Respondent D.D 04/05/2022 SUPREME COURT OF INDIA

Constitutional Law – Legislative Competence – Concurrent List – Subject of Arbitration falls under Entry 13 of List III – State Legislature can enact law on arbitration subject to President's assent – State Act reserved for and received President's assent prevails over Central law – State Act within legislative competence of State Legislature [Paras 1-9]...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6258 OF 2014 With Civil Appeal Nos. 9236, 9241, 9226, 6268, 6264, 6265, 6266, 6260, 6262, 6259, 6267 of 2014; Civil Appeal No. 295 of 2015; Civil Appeal Nos. 6261, 8995, 9022, 9016, 9005, 8998, 9009, 8997, 9002, 8996, 8999, 9007, 9004, 9003, 9008, 9017, 9000, 9001, 9215, 9213, 9018, 9217, 9006, 9019, 9219, 9237, 9225, 9221, 9238, 9023, 9243, 9244, 9224, 9212, 9211, 9222, 9020, 9210, 9239 of 2014; Civil Appeal Nos. 3010 of 2017, 2824, 2825, 2826 of 2022 Docid 2022 LEJ Civil SC 42

(2) RAVINDER SINGH @ KAKU .....Appellant Vs. STATE OF PUNJAB .....Respondent D.D 04/05/2022 SUPREME COURT OF INDIA

Criminal Law – Circumstantial Evidence – Conviction based solely on circumstantial evidence requires a conclusive chain of circumstances – The last seen theory, arrest of the accused, recovery of material objects, and call details do not conclusively establish guilt – Conviction based on probabilities and inferences drawn from call records inadmissible without proper certif...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1307 OF 2019 [Arising Out of SLP (Crl.) No. 9431 of 2011] With CRIMINAL APPEAL NOS. 1308-1311 OF 2019 [Arising Out of SLP (Crl.) Nos. 9631-9634 of 2012] Docid 2022 LEJ Crim SC 22

(3) ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED .....Appellant Vs. S.P. VELAYUTHAM AND OTHERS .....Respondent D.D 04/05/2022 SUPREME COURT OF INDIA

Registration of Documents – Duties of Registering Officer – Role of Registering Officer is not merely mechanical – Required to independently verify statutory compliance – Failure to verify powers of attorney and other statutory requirements can invalidate registration [Paras 1-9, 58].   Judicial Review – High Court's Jurisdiction – Under Article 2...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2752-2753 OF 2022 [Arising Out of SLP(C) Nos. 19662-19663 of 2021] Docid 2022 LEJ Civil SC 55

(4) UNION OF INDIA AND OTHERS .....Appellant Vs. ASHISH AGARWAL .....Respondent D.D 04/05/2022 SUPREME COURT OF INDIA

Income Tax – Reassessment Notices – Transition to New Provisions – High Courts quashed reassessment notices issued under unamended Section 148 after 01.04.2021 – Supreme Court converted such notices into those issued under Section 148A (new provisions) – Directed Revenue to comply with new procedural requirements – Notices deemed to be issued under amended Act t...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3005 OF 2022 Docid 2022 LEJ Civil SC 98

(5) THOMAS DANIEL .....Appellant Vs. STATE OF KERALA AND OTHERS .....Respondent D.D 02/05/2022 SUPREME COURT OF INDIA

Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7115 OF 2010 Docid 2022 LEJ Civil SC 10

(6) NARSINGH ISPAT LIMITED .....Appellant Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER .....Respondent D.D 02/05/2022 SUPREME COURT OF INDIA

Insurance Law – Terrorism Exclusion Clause – Policy Definitions Govern – Insurance claims cannot be rejected based on the definition of terrorism in penal laws – Exclusion Clause in insurance policy defines terrorism – Rights and liabilities of parties governed by terms of policy – Definitions from penal statutes irrelevant [Paras 1-14].   Consumer Pr...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10671 OF 2016 Docid 2022 LEJ Civil SC 13

(7) ARAVINTH R.A. .....Appellant Vs. THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS .....Respondent D.D 02/05/2022 SUPREME COURT OF INDIA

Foreign Medical Graduates – Licentiate and Internship Regulations – Constitutionality – Regulations 4(a)(i), 4(a)(ii), 4(b), and 4(c) of the Licentiate Regulations and Schedule II, 2(a), and 2(c)(i) of the CRMI Regulations challenged – High Court upheld regulations ensuring minimum standards for foreign medical graduates [Paras 1-10].   Judicial Review – St...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 3585-3586 OF 2022 (Arising out of SLP(C) No(s). 5989-5990 of 2022) Docid 2022 LEJ Civil SC 96

(8) NEPPALI SAI VIKASH AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 02/05/2022 SUPREME COURT OF INDIA

Medical Education – NEET PG Admission – Reduction in Percentile – Central Government reduced minimum marks by 15 percentile for all categories – Petitioners sought further reduction by 5 percentile to fill remaining vacancies – Government opposed additional reduction citing academic interests [Paras 2-7].   Judicial Review – Policy Decisions – C...

SUPREME COURT OF INDIA REPORTABLE # MISCELLANEOUS APPLICATION NO. 735 OF 2022 IN WRIT PETITION (CIVIL) NO. 124 OF 2022 Docid 2022 LEJ Civil SC 51

(9) UNITED INDIA INSURANCE CO. LIMITED .....Appellant Vs. LEVIS STRAUSS (INDIA) PRIVATE LIMITED .....Respondent D.D 02/05/2022 SUPREME COURT OF INDIA

Insurance Law – Overlapping Policies – Marine and Domestic Coverage – Clause 47 of the STP Policy and Condition No. 4 of the SFSP Policy – Marine policy issued by Allianz covered global risks, including those insured under domestic policies – Domestic policy excluded liability where another policy covered the same risk – Marine policy interpreted as including wa...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 2955 OF 2022 Docid 2022 LEJ Civil SC 33