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) NEMAI CHANDRA KUMAR (D) THR. LRS. AND OTHERS .....Appellant Vs. MANI SQUARE LIMITED AND OTHERS .....Respondent D.D 27/07/2022 SUPREME COURT OF INDIA

Thika Tenancy – Definition and Scope – Interpretation of ‘thika tenant’ under the Calcutta Thika Tenancy Act, 1949, and subsequent statutes – Supreme Court held that the term 'any structure' includes both kutcha and pucca structures – The Court examined legislative amendments and their retrospective effect, and the implications on tenancy and landlord...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2402 OF 2015 Docid 2022 LEJ Civil SC 22

(2) PRAHLAD .....Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER .....Respondent D.D 27/07/2022 SUPREME COURT OF INDIA

Criminal Law – Reversal of Acquittal – Evidence Assessment – High Court reversed the acquittal of the appellants, convicting them under Section 302 read with Section 34 of IPC based on the testimony of an eyewitness (P.W.2) and the recovery of incriminating items – Supreme Court emphasized the importance of corroborating evidence and the credibility of witnesses, especially...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2043 OF 2009 With CRIMINAL APPEAL NO. 983 OF 2010 Docid 2022 LEJ Crim SC 50

(3) DAXABEN .....Appellant Vs. CAPITAL FIRST LTD. AND OTHERS .....Respondent D.D 27/07/2022 SUPREME COURT OF INDIA

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 14 – Possession of Secured Asset – Supreme Court held that the District Magistrate and Chief Metropolitan Magistrate as mentioned in Section 14 of the SARFAESI Act include Additional District Magistrate and Additional Chief Metropolitan Magistrate – This interpreta...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 175 OF 2022 Docid 2022 LEJ Crim SC 12

(4) GHULAM HASSAN BEIGH .....Appellant Vs. MOHAMMAD MAQBOOL MAGREY AND OTHERS .....Respondents D.D 26/07/2022 SUPREME COURT OF INDIA

Criminal Trial – Scope of Evidence – Charge Framing – IPC Sections 302 and 304 Part II: The Supreme Court ruled that the prosecution can lead evidence only according to the charge framed by the trial court. Once a lesser charge is framed, the prosecution cannot introduce evidence beyond that charge. In this case, the trial court discharged the accused from the offence under Se...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 1149 of 2022 (Arising out of S.L.P. (Criminal) No. 4599 of 2021) Docid 2022 LEJ Crim SC 58

(5) ALL INDIA HAJ UMRAH TOUR ORGANIZER ASSOCIATION MUMBAI .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 26/07/2022 SUPREME COURT OF INDIA

Taxation Law – Service Tax – Exemption Notification – Mega Exemption Notification:Service tax exemption under the Mega Exemption Notification applies to services provided by way of conduct of any religious ceremony. The Supreme Court held that this exemption is specific to services directly involving the conduct of religious ceremonies and does not extend to auxiliary services fa...

SUPREME COURT OF INDIA REPORTABLE # Writ Petition (C) No. 755 of 2020 with Writ Petition (C) No. 781 of 2020; Writ Petition (C) No. 907 of 2020; Writ Petition (C) No. 772 of 2020; Writ Petition (C) No. 882 of 2020; Writ Petition (C) No. 809 of 2020; Writ Petition (C) No. 940 of 2020; Writ Petition (C) No. 855 of 2020; Writ Petition (C) No. 977 of 2020; Writ Petition (C) No. 856 of 2020; Writ Petition (C) No. 860 of 2020; Writ Petition (C) No. 896 of 2020; Writ Petition (C) No. 989 of 2020; Writ Petition (C) No. 1034 of 2020; Writ Petition (C) No. 1014 of 2020; Writ Petition (C) No. 1329 of 2020 and Writ Petition (C) No. 1431 of 2020 Docid 2022 LEJ Civil SC 37

(6) UNION OF INDIA AND OTHERS .....Appellant Vs. MAHENDRA SINGH .....Respondent D.D 25/07/2022 SUPREME COURT OF INDIA

Service Law – Rejection of Candidature – Use of Different Languages in Application and OMR Sheet: The Supreme Court upheld the rejection of the respondent’s candidature for using different languages in the application form (English) and the OMR answer sheet (Hindi), which violated the advertisement instructions. This was deemed a significant procedural requirement intended t...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 4807 of 2022 (Arising out of SLP (Civil) No. 19886 of 2019) Docid 2022 LEJ Civil SC 46

(7) SHARDA ASSOCIATES .....Appellant Vs. UNITED INDIA INSURANCE COMPANY LTD .....Respondent D.D 25/07/2022 SUPREME COURT OF INDIA

Consumer Protection – Insurance Claim – IMT 47 – Exclusion Clause: The Supreme Court held that the exclusion clause under IMT 47 of the insurance policy did not apply as the loss was due to a landslide causing the vehicle to fall into a deep ditch, and not due to the overturning of the vehicle while being used as a tool. The insurer was directed to pay the compensation as th...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 4910 of 2022 (Arising out of SLP(C) No. 5100 of 2022) Docid 2022 LEJ Civil SC 87

(8) MAHANADI COALFIELDS LTD AND ANOTHER .....Appellant Vs. M/S IVRCL AMR JOINT VENTURE .....Respondent D.D 25/07/2022 SUPREME COURT OF INDIA

Arbitration Agreement – Absence – Section 11(6) of the Arbitration and Conciliation Act, 1996: The Supreme Court held that there was no valid arbitration agreement between the parties. Clause 15 of the Contract Agreement, titled "Settlement of Disputes/Arbitration," did not constitute an arbitration agreement as it lacked the essential attributes of such an agreement as ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 4914 of 2022 (Arising out of SLP(C) No. 1098 of 2020) Docid 2022 LEJ Civil SC 25

(9) KANCHAN KUMARI .....Appellant Vs. THE STATE OF BIHAR AND ANOTHER .....Respondents D.D 25/07/2022 SUPREME COURT OF INDIA

Criminal Procedure – Anticipatory Bail – Scope and Limitations – Section 438 CrPC: The Supreme Court emphasized that when dealing with an application under Section 438 CrPC, the court must confine itself to determining whether the applicant has made out a case for anticipatory bail. Any conditions imposed must be appropriate, apposite, reasonable, and relevant to the scope o...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 1031 of 2022 (Arising out of SLP (Crl.) No. 6436 of 2022) Docid 2022 LEJ Crim SC 13