(1) VIKAS SINGH .....Appellant Vs. GOVT. OF NCT OF DELHI AND OTHERS .....Respondent D.D 11/08/2022

Urban Development – Building Plan Sanction – Fire Safety Regulations – Appellant purchased property and applied for building plan sanction – Initially sanctioned for 15 meters height – Later amendments to Master Plan allowed 17.5 meters with stilt parking – Revised plan submitted but not sanctioned due to lack of fire clearance – High Court dismissed appel...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5244 of 2022 (Arising out of SLP (C) No. 16053 of 2016) Docid 2022 LEJ Civil SC 49

(2) SANDHYA PANT …..Appellant Vs. DEEPAK RUWALI AND OTHERS …..Respondent D.D 11/08/2022

Public Interest Litigation – Temple Management – Appeal against High Court’s disposal of PIL regarding temple management without hearing appellant’s impleadment application – Supreme Court finds inter se disputes between family members over temple management – High Court rightly left questions of shebait rights to civil courts – Appeals dismissed, judgment...

REPORTABLE # Civil Appeal No. 5238 of 2022 with Civil Appeal No. 5239 of 2022 Docid 2022 LEJ Civil SC 95

(3) WYETH LIMITED AND OTHERS …..Appellant Vs. STATE OF BIHAR AND ANOTHER …..Respondent D.D 11/08/2022

Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].   Commercial Dis...

REPORTABLE # Criminal Appeal No. 1224 of 2022 (Arising Out of SLP (Crl.) No. 10730 of 2018) Docid 2022 LEJ Crim SC 39

(4) J. VEDHASINGH …..Appellant Vs. R.M. GOVINDAN AND OTHERS …..Respondent D.D 11/08/2022

Double Jeopardy – Section 300(1) CrPC – Whether an accused can be tried for an offense under the Negotiable Instruments Act (NI Act) and also for offenses under IPC based on the same set of facts – High Court quashed IPC proceedings citing Section 300(1) CrPC – Supreme Court holds conflicting views on the application of double jeopardy in such cases – Matter referred ...

REPORTABLE # Criminal Appeal No. _____ of 2022 (Arising Out of SLP (Crl.) No. 2864 of 2019) Docid 2022 LEJ Crim SC 18

(5) RAM NIWAS .....Appellant Vs. STATE OF HARYANA .....Respondent D.D 11/08/2022

Criminal Law – Conviction based on suspicion – An accused cannot be convicted on the basis of suspicion, no matter how strong – The prosecution must prove the guilt beyond a reasonable doubt – Conviction and sentence set aside due to lack of conclusive evidence and inconsistencies in the prosecution's case [Paras 1-21].   Extra-Judicial Confession – Cau...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 25 of 2012 Docid 2022 LEJ Crim SC 77

(6) GITABAI MARUTI RAUT (DEAD) THROUGH LR. AND OTHERS .....Appellant Vs. PANDURANG MARUTI RAUT (DEAD) THROUGH LRS. AND OTHERS .....Respondent D.D 11/08/2022

Partition Suit – Ancestral Property – High Court dismissed the plaintiff's claim that properties at villages Pirangut and Nande were joint family ancestral properties – Supreme Court held that the property at Pirangut was indeed ancestral based on evidence including a written memorandum of settlement and mutation records – The property at Nande was held as self-acquired...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7702 of 2013 Docid 2022 LEJ Civil SC 75

(7) UNION OF INDIA .....Appellant Vs. RAMCHANDRA AND OTHERS .....Respondent D.D 11/08/2022

Land Acquisition – Compensation – The Union of India sought reduction of compensation, while the Company sought enhancement – Supreme Court upheld compensation for the land acquired, modifying the Reference Court’s award to Rs.19 per square feet – Compensation for severance of land awarded at Rs.9.5 per square feet for land on the eastern side, excluding statutory ben...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5006-5010 of 2022 (Arising Out of SLP (Civil) Nos. 36299-36303 of 2017) With CIVIL APPEAL NO. 5031 of 2022 (Arising Out of SLP (Civil) No. 13137 of 2018) Docid 2022 LEJ Civil SC 71

(8) ARMED FORCES EX OFFICERS MULTI SERVICES COOPERATIVE SOCIETY LTD. .....Appellant Vs. RASHTRIYA MAZDOOR SANGH (INTUC) .....Respondent D.D 11/08/2022

Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees wi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2393 of 2022 Docid 2022 LEJ Civil SC 16

(9) NET RAM YADAV .....Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS .....Respondent D.D 11/08/2022

Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5237 of 2022 [Arising Out of SLP (C) No. 14118 of 2022] [Diary No. 2738 of 2020] Docid 2022 LEJ Civil SC 42