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) MAMTA AND ANOTHER .....Appellant Vs. THE STATE (NCT OF DELHI) AND ANOTHER .....Respondent D.D 24/05/2022 SUPREME COURT OF INDIA

Bail Cancellation – High Court's Error – The Supreme Court canceled the bail granted to the second respondent, noting that the High Court failed to consider crucial aspects such as the pending examination of important witnesses and the risk of witness tampering. The Court emphasized the nature and gravity of the offense and the role attributed to the second respondent [Paras 10-11]...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 878 OF 2022 (Arising Out of SLP (Crl.) No. 2971 of 2022) Docid 2022 LEJ Crim SC 27

(2) AARAV JAIN .....Appellant Vs. THE BIHAR PUBLIC SERVICE COMMISSION AND OTHERS .....Respondent D.D 23/05/2022 SUPREME COURT OF INDIA

Service Law – Civil Judges Selection – The Supreme Court held that the rejection of candidates on the technical ground of non-production of original certificates at the time of the interview was improper, unjustified, and not warranted. The Court noted that there were vacancies available, which, if filled by meritorious candidates, would benefit the institution by helping in the dispos...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4242 OF 2022 @ SLP (Civil) No. 10776 of 2021 With CIVIL APPEAL NO. 4243 OF 2022 @ SLP (Civil) No. 11089 of 2021 CIVIL APPEAL NO. 4244 OF 2022 @ SLP (Civil) No. 15809 of 2021 CIVIL APPEAL NO. 4245 OF 2022 @ SLP (Civil) No. 16198 of 2021 CIVIL APPEAL NO. 4246 OF 2022 @ SLP (Civil) No. 15819 of 2021 CIVIL APPEAL NO. 4247 OF 2022 @ SLP (Civil) No. 809 of 2022 Docid 2022 LEJ Civil SC 33

(3) P R ADIKESAVAN .....Appellant Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS AND ANOTHER .....Respondent D.D 23/05/2022 SUPREME COURT OF INDIA

Contempt of Court – Advocate's Conduct – The Supreme Court upheld the conviction and sentencing of the appellant under Sections 2(c)(iii) and 12(1) of the Contempt of Courts Act 1971. The Court found that the appellant's behavior was thoroughly contemptuous and involved a clear attempt to obstruct the process of justice. The appellant's actions included preventing the execu...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 847 OF 2022 Docid 2022 LEJ Crim SC 29

(4) STATE OF HIMACHAL PRADESH AND OTHERS ... Appellant Vs. RAJ KUMAR AND OTHERS ... Respondent D.D 20/05/2022 SUPREME COURT OF INDIA

Public Service – Promotion and Direct Recruitment – Applicability of Rules – Appeals challenging the High Court's directive to fill vacancies as per the old rules – High Court applied the principle from Y.V. Rangaiah v. J. Sreenivasa Rao, holding vacancies arising prior to rule amendments should be filled by old rules – Supreme Court reviews and restates the princ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 9746 of 2011 with Civil Appeal No. 9747 of 2011 Docid 2022 LEJ Civil SC 27

(5) MALAYA NANDA SETHY .....Appellant Vs. STATE OF ORISSA AND OTHERS .....Respondent D.D 20/05/2022 SUPREME COURT OF INDIA

Compassionate Appointment – Applicability of Rules – High Court dismissed appellant’s plea for appointment under 1990 Rules, directing consideration under 2020 Rules – Supreme Court reversed this decision – Clarified that in the peculiar facts and circumstances, appellant entitled to appointment under 1990 Rules prevailing at the time of the father's death and ini...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4103 OF 2022 (Arising Out of SLP (Civil) No. 936 of 2022) Docid 2022 LEJ Civil SC 41

(6) DEEPAK YADAV .....Appellant Vs. STATE OF U.P. .....Respondent D.D 20/05/2022 SUPREME COURT OF INDIA

Criminal Law – Bail – High Court granted bail to respondent-accused based on parity – Supreme Court reversed this decision – Emphasized that bail should not be granted mechanically and must consider the nature of the offence, severity of punishment, and prima facie involvement of the accused – Highlighted the need for reasoned orders reflecting judicial discretion and...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 861 OF 2022 (Arising Out of SLP (Crl.) No. 9655 of 2021) Docid 2022 LEJ Crim SC 83

(7) THE STATE OF BIHAR AND OTHERS .....Appellant Vs. RAJMATI DEVI AND ANOTHER .....Respondent D.D 20/05/2022 SUPREME COURT OF INDIA

Pension Scheme – Applicability – High Court held that respondent, the widow of a deceased employee, was entitled to family pension under the Old Pension Rules – Supreme Court reversed this decision – Clarified that employees appointed or absorbed after 31.08.2005 are governed by the New Contributory Pension Scheme, which does not provide for pension/family pension – A...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3900-3901 OF 2022 Docid 2022 LEJ Civil SC 84

(8) UNION OF INDIA .....Appellant Vs. ANIL PRASAD .....Respondent D.D 20/05/2022 SUPREME COURT OF INDIA

Pay Fixation – Re-employment – High Court held that respondent, a retired Major, should have his basic pay fixed at par with his last drawn pay in the Armed Forces upon re-appointment in the Central Reserve Police Force – Supreme Court reversed this decision – Clarified that Para 8 of the CCS Order does not grant entitlement to pay protection based on last drawn pay –...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4073 OF 2022 Docid 2022 LEJ Civil SC 26

(9) AGRA DEVELOPMENT AUTHORITY AGRA .....Appellant Vs. ANEK SINGH AND OTHERS .....Respondent D.D 20/05/2022 SUPREME COURT OF INDIA

Land Acquisition – Deemed Lapse – High Court held acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation – Supreme Court reversed High Court’s decision – Clarified Section 24(2) applies only when authorities fail to take possession and pay compensation for five years or more – Compensation deposited in treasury vali...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2914 OF 2022 Docid 2022 LEJ Civil SC 35