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) 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

(2) 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

(3) ATBIR .....Appellant Vs. STATE OF NCT OF DELHI .....Respondent D.D 29/04/2022 SUPREME COURT OF INDIA

Criminal Law – Furlough – Appellant serving life imprisonment for the remainder of his natural life without remission or parole sought furlough – Rejection based on the presidential order restricting remission and parole – Supreme Court held that the right to seek furlough is independent of the restrictions on remission and parole – Directed authorities to reconsider ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 714 OF 2022 (Arising Out of SLP (Crl.) No. 7887 of 2021) Docid 2022 LEJ Crim SC 97

(4) OMKAR SINHA AND ANOTHER .....Appellant Vs. SAHADAT KHAN AND OTHERS .....Respondent D.D 29/04/2022 SUPREME COURT OF INDIA

Service Law – Forest Guard Training – Appellants, forest guards who stood first in training, sought ranger training – Respondent challenged such training based on administrative orders – Supreme Court evaluated the validity and revocation of orders under the M.P. Class III (Non-Ministerial) Forest Service Recruitment Rules, 1967 [Paras 3-15].   Administrative Ord...

SUPREME COURT OF INDIA REPORTABLE # Justices K.M. Joseph and Hrishikesh Roy Docid 2022 LEJ Civil SC 26

(5) THE NATIONAL MEDICAL COMMISSION .....Appellant Vs. POOJA THANDU NARESH AND OTHERS .....Respondent D.D 29/04/2022 SUPREME COURT OF INDIA

Medical Education – Provisional Registration – Students completed clinical training online due to the pandemic – Appellant argued that clinical training must be completed in physical form – High Court's decision permitting two months of clinical training instead of three deemed insufficient – Appellant directed to frame a scheme for students to complete clinical t...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2950-2951 OF 2022 (Arising Out of SLP (Civil) Nos. 2536-2537 of 2022) Docid 2022 LEJ Civil SC 61

(6) WAQF BOARD RAJASTHAN .....Appellant Vs. JINDAL SAW LIMITED AND OTHERS .....Respondent D.D 29/04/2022 SUPREME COURT OF INDIA

Waqf – Definition and Dedication – Appellant claimed a dilapidated structure as a mosque – No evidence at any point of time that the structure was being used as a mosque – No allegation or proof of dedication, user, or grant qualifying the structure as a waqf within the meaning of Section 3(r) of the Waqf Act – In absence of any proof of dedication or user, a dilapida...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2788 OF 2022 (Arising Out of SLP (Civil) No. 16196 of 2021) With CIVIL APPEAL NO. 2789 OF 2022 (Arising Out of SLP (Civil) No. 17334 of 2021) Docid 2022 LEJ Civil SC 47

(7) UNION OF INDIA AND OTHERS .....Appellant Vs. MUKESH KUMAR MEENA .....Respondent D.D 28/04/2022 SUPREME COURT OF INDIA

Service Law – Departmental Examination – Grace Marks – Respondent, an ST candidate, secured 43 marks in "Other Taxes" subject, below 45% required for general category – Respondent sought grace marks to qualify as a general category candidate – Tribunal dismissed application, upheld by High Court – Supreme Court held grace marks policy intended to help ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3468 OF 2022 Docid 2022 LEJ Civil SC 97

(8) BHARAT SANCHAR NIGAM LIMITED AND ANOTHER .....Appellant Vs. SANDEEP CHOUDHARY AND OTHERS .....Respondent D.D 28/04/2022 SUPREME COURT OF INDIA

Service Law – Appointment in General Category – Two reserved category candidates having more marks than the general category candidates appointed were entitled to the appointment in the general category – Seats reserved for OBC category were required to be filled from and amongst the remaining candidates belonging to the OBC category – Exercise of powers under Article 142 o...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8717 OF 2015 Docid 2022 LEJ Civil SC 62

(9) MAHANAGAR TELEPHONE NIGAM LTD. (EAST-I) .....Appellant Vs. THE ASSISTANT COMMISSIONER BIHANMUMBAI MAHANAGARPALIKA AND OTHERS .....Respondent D.D 28/04/2022 SUPREME COURT OF INDIA

Municipal Corporation Act – Land Acquisition – Appellant challenged notices for land acquisition under Section 299 for road widening – Claimed previous compensation not paid, lack of Central Government sanction, and procedural non-compliance under Section 297 – High Court upheld notices, confirmed regular line fixed in 1988 – Supreme Court dismissed appeal, upheld Hig...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6745 OF 2009 Docid 2022 LEJ Civil SC 47