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) STATE OF ODISHA AND OTHERS ETC. ETC. .....Appellants Vs. SULEKH CHANDRA PRADHAN ETC. ETC. .....Respondents D.D 20/04/2022 SUPREME COURT OF INDIA

Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].   Judicial Propriety – Consistency in Tribunal...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3036-3064 OF 2022 (Arising Out of SLP (Civil) Nos. 22987-23015 of 2019) Docid 2022 LEJ Civil SC 37

(2) DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS .....Appellants Vs. DR. M.A. METHUSETHUPATHI AND OTHERS .....Respondents D.D 20/04/2022 SUPREME COURT OF INDIA

Medical Negligence – Post-Operative Care – Patient's Death – Supreme Court held that mere inability to save a patient does not constitute medical negligence – A medical practitioner is not liable for errors of judgment or choosing one reasonable course of treatment over another – Duty of care requires medical protocol to be followed with reasonable skill and compe...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6507 OF 2009 Docid 2022 LEJ Civil SC 17

(3) ANIL KUMAR UPADHYAY .....Appellant Vs. THE DIRECTOR GENERAL SSB AND OTHERS .....Respondents D.D 20/04/2022 SUPREME COURT OF INDIA

Service Law – Disciplinary Proceedings – Quantum of Punishment – Supreme Court emphasized that the question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority – Judicial review by High Courts and Administrative Tribunals under Article 226 of the Constitution is limited to the applicability of Wednesbury principles – Interferen...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2707 OF 2022 Docid 2022 LEJ Civil SC 36

(4) U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER .....Appellant Vs. RAM SINGH (D) TH. LRS. AND OTHERS .....Respondents D.D 20/04/2022 SUPREME COURT OF INDIA

Land Acquisition – Withdrawal from Acquisition – Section 48(1) of the Land Acquisition Act, 1894 – Notification dated 07.07.2005 exempting land from acquisition – Appellant's failure to challenge said notification – Subsequent order dated 25.04.2008 attempting to cancel exemption based on Government Order dated 15.09.2006 – Supreme Court held that Government...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3023-3024 OF 2022 (Arising Out of SLP(C) Nos. 23996-23997 of 2017) With CIVIL APPEAL NOS. 3025-3026 OF 2022 (Arising Out of SLP(C) Nos. 23899-23900 of 2017) Docid 2022 LEJ Civil SC 27

(5) UNION OF INDIA AND OTHERS .....Appellants Vs. M/S. WILLOWOOD CHEMICALS PRIVATE LIMITED AND ANOTHER, M/S. SARAF NATURAL STONE AND ANOTHERS .....Respondents D.D 19/04/2022 SUPREME COURT OF INDIA

  Taxation – Interest on Delayed Refunds – Section 56 of CGST Act – Supreme Court held that interest at the rate of 6% per annum applies unless covered by the proviso to Section 56 – Proviso applies where refund arises from an order passed by adjudicating authority or court – In present case, no such order existed, hence 6% interest rate applies – High C...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2995-2996 OF 2022 (Arising Out of Special Leave To Appeal (C) Nos. 7312-7313 of 2022) With CIVIL APPEAL NOS. 2997-2998 OF 2022 (Arising Out of Special Leave To Appeal (C) Nos. 7314-7315 of 2022) Docid 2022 LEJ Civil SC 96

(6) ALL INDIA JUDGES ASSOCIATION AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 19/04/2022 SUPREME COURT OF INDIA

Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...

SUPREME COURT OF INDIA REPORTABLE # I.A. No. 89454 of 2021 in Writ Petition (C) No. 1022 of 1989 With I.A. No. 89450 of 2021; I.A. No. 88976 of 2021; I.A. No. 249 of 2009; I.A. No. 44132 of 2022 in I.A. No. 89450 of 2021 in Writ Petition (C) No. 1022 of 1989 Docid 2022 LEJ Civil SC 89

(7) RAMRAO SHANKAR TAPASE .....Appellant Vs. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS .....Respondents D.D 19/04/2022 SUPREME COURT OF INDIA

Land Acquisition – Enhancement of Compensation – Section 18 of the Land Acquisition Act, 1894 – Appellants challenged the compensation awarded by the Land Acquisition Officer, seeking enhancement – Reference Court increased compensation – High Court partly allowed appeals, reducing compensation – Supreme Court observed that future use of acquired land for indust...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2732 OF 2022 With CIVIL APPEAL NOS. 2746-2747 OF 2022 (Arising from SLP(Civil) Nos. 6309-6310/2022 @ Diary No. 8900/2021) CIVIL APPEAL NO. 2745 OF 2022 (Arising from SLP(Civil) No. 6308/2022 @ Diary No. 36320/2019) CIVIL APPEAL NO. 2744 OF 2022 CIVIL APPEAL NOS. 2733-2734 OF 2022 CIVIL APPEAL NOS. 2737-2738 OF 2022 CIVIL APPEAL NOS. 2740-2741 OF 2022 CIVIL APPEAL NO. 2739 OF 2022 CIVIL APPEAL NOS. 2735-2736 OF 2022 CIVIL APPEAL NOS. 2742-2743 OF 2022 Docid 2022 LEJ Civil SC 87

(8) VENKATESH @ CHANDRA AND ANOTHER ETC. .....Appellants Vs. STATE OF KARNATAKA .....Respondent D.D 19/04/2022 SUPREME COURT OF INDIA

Criminal Law – Confessional Statements – Section 27 of the Evidence Act – Supreme Court criticized the tendency of prosecuting agencies to record entire confessions instead of only the part leading to the discovery of facts – Held that such practice leads to inadmissible confessions influencing judicial minds – Court emphasized strict adherence to the admissible porti...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1476-1477 OF 2018 Docid 2022 LEJ Crim SC 40

(9) BALRAM GARG .....Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA .....Respondent D.D 19/04/2022 SUPREME COURT OF INDIA

Insider Trading – Presumption of Communication – UPSI: Allegations against the appellants for insider trading based on familial relationships and trading patterns were dismissed due to lack of evidence showing communication of UPSI. The court emphasized the necessity of establishing foundational facts before drawing inferences and rejected the presumption based solely on circumstantial...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7054 OF 2021 With CIVIL APPEAL NO. 7590 OF 2021 Docid 2022 LEJ Civil SC 98