(1) JAI NARAIN VYAS UNIVERSITY JODHPUR AND ANOTHER .....Appellant Vs. MUKESH SHARMA ETC. ETC. .....Respondent D.D 28/03/2022 SUPREME COURT OF INDIA

Service Law – Regularization of Employees – University directed to regularize services of employees working for 15-30 years on contractual basis with consequential benefits – High Court’s direction modified to restrict actual benefits to three years prior to the filing of writ petitions – Employees entitled to notional benefits and continuity in service from the date ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2096-2198 OF 2022 Docid 2022 LEJ Civil SC 18

(2) VISHAL ASHWIN PATEL .....Appellant Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 25(3) AND OTHERS .....Respondent D.D 28/03/2022 SUPREME COURT OF INDIA

Income Tax – Reopening of Assessment – High Court's dismissal of writ petitions challenging reopening under Section 148 without giving reasons – Supreme Court emphasizes that courts must provide reasoned orders detailing facts, issues, submissions, applicable legal principles, and reasons for conclusions – [Paras 1-4].   Duty to Give Reasons – High Cour...

SUPREME COURT OF INDIA NON REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2200 OF 2022 With CIVIL APPEAL NO. 2201 OF 2022 With CIVIL APPEAL NO. 2202 OF 2022 With CIVIL APPEAL NO. 2203 OF 2022 Docid 2022 LEJ Civil SC 86

(3) DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) CIRCLE 1(2) .....Appellant Vs. M/S. M. R. SHAH LOGISTICS PRIVATE LIMITED .....Respondent D.D 28/03/2022 SUPREME COURT OF INDIA

Income Tax – Re-opening of Assessment – High Court quashes notice for re-opening assessment due to lack of tangible material – Supreme Court finds that objective material existed justifying re-opening based on search proceedings, seized documents, and statements under Section 132(4) – Assessment originally accepted under Section 143(1) without scrutiny, thus not shielding f...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). OF 2022 (Arising Out of Special Leave to Appeal (C) No. 22921 of 2019) Docid 2022 LEJ Civil SC 81

(4) STATE OF U.P. THROUGH SECRETARY AND OTHERS .....Appellant Vs. PREM CHOPRA .....Respondent D.D 25/03/2022 SUPREME COURT OF INDIA

Excise Revenue – Interest on Arrears – Respondent granted license for retail sale of country liquor – Surrendered license and disputed balance fee – High Court stayed recovery of license fee – Respondent eventually paid balance without interest – Supreme Court held that interim stay does not quash the demand, but merely suspends it – Once proceedings are d...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2417 OF 2022 (Arising Out of SLP (Civil) No. 15330 of 2019) Docid 2022 LEJ Civil SC 89

(5) M/S PAHWA PLASTICS PRIVATE LIMITED AND ANOTHER .....Appellant Vs. DASTAK NGO AND OTHERS .....Respondent D.D 25/03/2022 SUPREME COURT OF INDIA

Environmental Law – Ex Post Facto Environmental Clearance – Supreme Court holds that ex post facto EC should not ordinarily be granted and certainly not for the asking – However, rigid application of procedural requirements without considering the consequences of shutting down operational units contributing to the economy and providing livelihoods is impractical – Court emp...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4795 OF 2021 Docid 2022 LEJ Civil SC 86

(6) SECURITIES AND EXCHANGE BOARD OF INDIA .....Appellant Vs. MEGA CORPORATION LIMITED .....Respondent D.D 25/03/2022 SUPREME COURT OF INDIA

Securities Law – Scope of Appeal – SEBI Act, 1992 – Section 15Z – Supreme Court's jurisdiction confined to questions of law arising from decisions of the Tribunal – Court will exercise jurisdiction only on erroneous construction of statutory provisions or general legal principles – Not every interpretation qualifies as a question of law – Tribunal&rsqu...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2104 OF 2009 Docid 2022 LEJ Civil SC 43

(7) DINESH CHANDRA SHUKLA .....Appellant Vs. STATE OF U.P. AND OTHERS .....Respondent D.D 24/03/2022 SUPREME COURT OF INDIA

Service Law – Regularization – Lecturer Post – Appellant appointed as Guest Lecturer in 'Karm Kand' – Teaching for nearly 16 years – High Court dismissed writ petition challenging Chancellor’s order rejecting appointment – Supreme Court finds no specific qualifications prescribed for the post of Lecturer in 'Karm Kand' – Appellant hol...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1913 OF 2022 (Arising Out of SLP (C) No. 26763 of 2015) Docid 2022 LEJ Civil SC 60

(8) M/S. VAISHNO ENTERPRISES .....Appellant Vs. HAMILTON MEDICAL AG AND ANOTHER .....Respondent D.D 24/03/2022 SUPREME COURT OF INDIA

MSME Act – Jurisdiction – Applicability – Agreement dated 24.08.2020 between appellant and respondent – Appellant registered as MSME on 28.08.2020 – Dispute arose post-registration – Agreement governed by laws prevailing at the time of execution – MSME Act not applicable as appellant was not MSME at the time of contract – Council lacks jurisdiction u...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1892 OF 2022 Docid 2022 LEJ Civil SC 50

(9) THE STATE OF GUJARAT AND OTHERS .....Appellant Vs. R.J. PATHAN AND OTHERS .....Respondent D.D 24/03/2022 SUPREME COURT OF INDIA

Service Law – Temporary Employment – Absorption and Regularisation – Respondents appointed on a fixed term for a specific project ("Post-Earthquake Redevelopment Programme") – High Court directed State to consider their regularisation after 17 years of service – Supreme Court finds respondents were appointed in a temporary unit and not on sanctioned posts in...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1951 OF 2022 Docid 2022 LEJ Civil SC 92