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 BANK OF INDIA .....Appellant Vs. KRISHIDHAN SEEDS PRIVATE LIMITED .....Respondent D.D 18/04/2022 SUPREME COURT OF INDIA

Insolvency and Bankruptcy – Limitation – Acknowledgment of Debt – The provisions of Section 18 of the Limitation Act are applicable to proceedings under the IBC – An acknowledgment in a balance sheet without qualification can extend the period of limitation, provided the acknowledgment is within three years from the original date of default [Paras 13-14].   Judic...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 910 of 2021 Docid 2022 LEJ Civil SC 52

(2) JAGJEET SINGH AND OTHERS .....Appellant Vs. ASHISH MISHRA @ MONU AND ANOTHER .....Respondent D.D 18/04/2022 SUPREME COURT OF INDIA

Victim’s Right to be Heard – Bail Adjudication – Section 2(wa) CrPC – Legal Right to Participate in Proceedings – Appellant challenged the bail granted to the Respondent-Accused in a case involving the death of several farmers – Supreme Court held that a victim under Section 2(wa) of CrPC is entitled to be heard at every stage of proceedings – High Court&#...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 632 OF 2022 (Arising Out of SLP (Crl.) No. 2640 of 2022) Docid 2022 LEJ Crim SC 97

(3) NEMAI CHANDRA DEY (DEAD) THROUGH LRS. .....Appellant Vs. PRASANTA CHANDRA (DEAD) THROUGH LRS. AND ANOTHER .....Respondents D.D 14/04/2022 SUPREME COURT OF INDIA

Civil Procedure – First Appeal – Order 41 Rule 31 CPC – Duty of First Appellate Court – Supreme Court emphasized that the first appellate court must reappreciate the evidence, consider the arguments, and apply the law – Judgment must reflect conscious application of mind and record findings supported by reasons on all issues – Appellate court failed to discharge...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 14699-14701 OF 2015 Docid 2022 LEJ Civil SC 11

(4) INDRESH KUMAR MISHRA AND OTHERS .....Appellant Vs. THE STATE OF JHARKHAND AND OTHERS .....Respondent D.D 13/04/2022 SUPREME COURT OF INDIA

Educational Qualification – Requirement for Appointment – Advertised Qualification – Postgraduate and Bachelor Degrees in History – Appellants challenged the cancellation of their appointments due to having degrees in specialized branches of History rather than History as a whole – Supreme Court upheld the cancellation, affirming that specific educational qualificatio...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 2217-2218 of 2022 With Civil Appeal No. 2220 of 2022 With Civil Appeal No. 2219 of 2022 With Civil Appeal No. 2221 of 2022 Docid 2022 LEJ Civil SC 69

(5) HARISH CHANDRA SHRIVASTAVA .....Appellant Vs. THE STATE OF BIHAR AND OTHERS .....Respondent D.D 13/04/2022 SUPREME COURT OF INDIA

Education Law – Eligibility for Absorption – Absorption of Teachers – Post Qualification Teaching Experience – State Government took over a private Ayurvedic College – Screening Committee to assess qualifications and eligibility as of the cut-off date (June 1, 1986) – Supreme Court held that eligibility should be assessed as of the cut-off date and not based on ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No(S) of 2022 (Arising out of SLP(C) No. 10473 of 2018) With Civil Appeal No(S) of 2022 (Arising out of SLP(C) No. 11057 of 2018) Docid 2022 LEJ Civil SC 69

(6) SANJAY GUPTA AND OTHERS .....Appellant Vs. STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY AND OTHERS .....Respondent D.D 12/04/2022 SUPREME COURT OF INDIA

Constitutional Law – Right to Life – Compensation for Violation – Meerut Fire Tragedy – Liability of Organizers and State – Petitioners sought compensation for victims of fire tragedy – Supreme Court held that the right to life guaranteed under Article 21 includes the right to compensation for loss of life and personal liberty due to negligence – No statut...

SUPREME COURT OF INDIA REPORTABLE # WRIT PETITION (CIVIL) No. 338 of 2006 Docid 2022 LEJ Civil SC 36

(7) WIPRO FINANCE LIMITED .....Appellant Vs. COMMISSIONER OF INCOME TAX .....Respondent D.D 12/04/2022 SUPREME COURT OF INDIA

Exchange Fluctuation Loss – Revenue or Capital Expenditure – Section 37 of Income Tax Act – Appellant challenged the High Court's decision that reversed ITAT's finding – Supreme Court held that the exchange fluctuation loss is incidental to carrying on business and is allowable under Section 37 as revenue expenditure – The funds borrowed in foreign exchange we...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 6677 of 2008 Docid 2022 LEJ Civil SC 60

(8) DENTAL COUNCIL OF INDIA .....Appellant Vs. BIYANI SHIKSHAN SAMITI AND ANOTHER .....Respondent D.D 12/04/2022 SUPREME COURT OF INDIA

Right to Establish Educational Institutions – Regulatory Measures – Constitutionality of Amended Regulation – Appellant challenged the High Court’s decision striking down the DCI’s amended Regulation 6(2)(h) – Supreme Court held that regulatory measures to ensure proper academic standards, infrastructure, and prevention of maladministration are permissible &ndas...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 2912 of 2022 (Arising out of Special Leave Petition (Civil) No. 26855 of 2018) Docid 2022 LEJ Civil SC 14

(9) ASHUTOSH KUMAR .....Appellant Vs. THE FILM AND TELEVISION INSTITUTE OF INDIA AND ANOTHER .....Respondent D.D 12/04/2022 SUPREME COURT OF INDIA

Colorblindness and Eligibility for Courses – FTII – Admission Criteria – Supreme Court held that individuals with colorblindness are permitted to enroll for all courses offered by FTII – The Committee formed to examine the issue recommended that colorblind individuals should not be barred from any courses – Reasonable accommodations and assistance can enable colorblin...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 7719 of 2021 Docid 2022 LEJ Civil SC 83