(1) RAJHAN NARENDRA ROUT AND OTHERS …..Appellant Vs. THE STATE OF MAHARASHTRA THROUGH SECRETARY URBAN DEVELOPMENT DEPARTMENT AND OTHERS …..Respondent D.D 25/08/2022

Urban Development – Transferable Development Rights (TDR) – Calculation of FSI – Appellants contested the reduction of TDR from 100% FSI to 4% FSI by the Chief Minister of Maharashtra – The land was originally not designated under 'Hill Top/Hill Slope' zone but reserved for park purposes – Supreme Court found the cancellation of the original TDR and reduction ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4639 OF 2012 Docid 2022 LEJ Civil SC 82

(2) PR. COMMISSIONER OF INCOME TAX 6 .....Appellant Vs. KHYATI REALTORS PVT. LTD. .....Respondent D.D 25/08/2022

Income Tax – Bad Debt – Assessee’s claim for writing off Rs. 10 crores as a bad debt disallowed – Amount advanced to developer not substantiated by material evidence – Mere provision for doubtful debt not sufficient under Section 36(1)(vii) after 1.4.1989 – Supreme Court held that the deduction was not allowable as conditions under Section 36(2) were not met &nd...

REPORTABLE # Civil Appeal No. 5822 of 2022 (Arising out of SLP (Civil) No. 672 of 2020) Docid 2022 LEJ Civil SC 57

(3) BARUN KUMAR AND OTHERS .....Appellant Vs. STATE OF JHARKHAND AND OTHERS .....Respondent D.D 25/08/2022

Service Law – Cancellation of Appointments – Appellants qualified 6th Combined Civil Services Examination 2016, completed probation, and were appointed – High Court annulled appointments due to errors in qualifying marks and merit list preparation – Supreme Court found ambiguity in advertisement and upheld Commission's merit list preparation method – Appointments ...

REPORTABLE # Civil Appeal No(s). 5812 of 2022 (Arising out of SLP (C) No(s).4310 of 2022) With Civil Appeal No(s). 5813 of 2022 (Arising out of SLP (C) No(s).4443 of 2022) Civil Appeal No(s). 5814-5817 of 2022 (Arising out of SLP (C) No(s).5338-5341 of 2022) Civil Appeal No(s). 5818 of 2022 (Arising out of SLP (C) No(s).5409 of 2022) Transfer Petition (C) No(s).1100 of 2022 Docid 2022 LEJ Civil SC 38

(4) RATILAL S. PUJARA (SINCE DECEASED) THR. HIS LRS. AND OTHERS .....Appellant Vs. MUNICIPAL COMMISSIONER MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS .....Respondent D.D 25/08/2022

Municipal Law – Building Safety and Demolition – Building classified as C-1 (most dangerous) after structural audit – Demolition and eviction notices issued – High Court upheld notices, finding building unsafe – Supreme Court affirmed, citing compliance with legal procedures and protection of appellants' rights in redevelopment agreement [Paras 1-25].   ...

REPORTABLE # Civil Appeal No. 5825 of 2022 Arising Out of SLP (C) No. 11658 of 2020 Docid 2022 LEJ Civil SC 64

(5) RAM SHARAN CHATURVEDI .....Appellant Vs. THE STATE OF MADHYA PRADESH .....Respondent D.D 25/08/2022

Criminal Law – Conspiracy and Conviction – Appeal against High Court’s confirmation of conviction for offences under Sections 201, 380, 435, 457, and 477 IPC read with Section 120B IPC – Appellant (A-3) convicted solely based on possession of one set of keys under the dual lock system – No direct or overt evidence linking Appellant to theft or conspiracy – Prose...

REPORTABLE # Criminal Appeal No. 1066 of 2010 Docid 2022 LEJ Crim SC 67

(6) SMT. KATTA SUJATHA REDDY AND ANOTHER .....Appellant Vs. SIDDAMSETTY INFRA PROJECTS PVT. LTD. AND OTHERS .....Respondent D.D 25/08/2022

Specific Relief – Specific Performance – Plaintiff breached essential contract conditions – Suit barred by delay and laches – Plaintiff delayed filing the suit by nearly five years – Supreme Court held plaintiff not entitled to specific performance due to their conduct – Relief under Section 12 not granted as delay and laches barred the claim [Paras 1-79]. &n...

REPORTABLE # Civil Appeal No. 5822 of 2022 (Arising out of SLP (C) No. 13565 of 2021) with Civil Appeal No. 5823 of 2022 (Arising out of SLP (C) No. 19920 of 2021) with Civil Appeal No. 5824 of 2022 (Arising out of SLP (C) No. 19286 of 2021) Docid 2022 LEJ Civil SC 54

(7) ST. MARY’S EDUCATION SOCIETY AND ANOTHER …..Appellant Vs. RAJENDRA PRASAD BHARGAVA AND OTHERS …..Respondent D.D 24/08/2022

Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5789 OF 2022 (Arising Out of SLP (Civil) No. 1118 of 2022) Docid 2022 LEJ Civil SC 32

(8) UNION OF INDIA AND ANOTHER …..Appellant Vs. CITI BANK N.A. …..Respondent D.D 24/08/2022

FERA – Limitation – Reasonable Period – Show cause notices issued in 2002 for transactions from 1992-1993 – Supreme Court held such delay unreasonable – Proceedings must be initiated within a reasonable period when no statutory period is prescribed – Eight-year record preservation limit under Banking Companies Rules supports unreasonableness of delayed notices &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9337 OF 2010 With CIVIL APPEAL NOS. 4228-4261 OF 2011 CRIMINAL APPEAL NOS. 169-170 OF 2012 Docid 2022 LEJ Civil SC 15

(9) ZAKIR ABDUL MIRAJKAR …..Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS …..Respondent D.D 24/08/2022

Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1125 OF 2022 SLP (Criminal) No. 3213 of 2020 With CRIMINAL APPEAL NO. 1127 OF 2022 SLP (Criminal) No. 3722 of 2020 With CRIMINAL APPEAL NO. 1126 OF 2022 SLP (Criminal) No. 3629 of 2020 With CRIMINAL APPEAL NO. 1129 OF 2022 SLP (Criminal) No. 3915 of 2020 With CRIMINAL APPEAL NO. 1128 OF 2022 SLP (Criminal) No. 3943 of 2020 With CRIMINAL APPEAL NO. 1130 OF 2022 SLP (Criminal) No. 4170 of 2020 Docid 2022 LEJ Crim SC 82