Non-Compliance With Rule 14 Of NDPS Rules 2022 Regarding Quantitative Test Vitiates Prosecution Case And Renders Detention Illegal: Allahabad High Court Supreme Court Directs Systematic Audit And Institutional Accountability For Safety In Public Spaces Under Article 21 Extra-Judicial Confession Made Before Police Cannot Solely Sustain Preventive Detention: Supreme Court Pre-Trial Incarceration Cannot Masquerade As Punitive Detention When Trial Is Not Imminent: Supreme Court Land Acquisition | Radial ‘Hub-And-Spoke’ Valuation Models For Contiguous Lands Are Legally Unsustainable: Supreme Court Forfeiture Of Earnest Money Deposit Is A Valid Consequence Upon Failure To Pay Balance Sale Consideration Under IBC Liquidation Process: Supreme Court Res Judicata | Suit For Specific Performance Barred If Relief Was Available In Prior Suit For Permanent Injunction And Not Claimed: Supreme Court RERA | Allottee’s Right To Seek Refund Is Absolute And Unqualified, Not Subject To Promoter’s Completion Of Project: Bombay High Court Order 1 Rule 10(2) CPC | Appellate Court Cannot Summarily Reject Addition Of Legal Heirs Based On Unproven Documents Without Reason: Calcutta High Court Order XIV Rule 5 CPC | Trial Court Must Frame Additional Issues Based On Liberty Granted By Supreme Court To Ensure Just Adjudication: Delhi High Court Mere Citation Of Wrong Provision Does Not Invalidate Order If Court Possessed Jurisdiction: Gujarat High Court Injunction Under Order 39 Rules 1 & 2 CPC Cannot Be Granted Over Large Unidentified Tract Of Land Without Establishing Prima Facie Case: Himachal Pradesh High Court Section 125 CrPC | Mere Rejection Of Permanent Alimony Plea In Divorce Proceedings Does Not Bar Claim For Maintenance: Karnataka High Court Section 311 BNSS | Trial Court Has Discretion To Record Evidence In Narrative Form; Accused Cannot Insist On Question-Answer Format: Kerala High Court Section 482 CrPC | Principle Of Parity Cannot Be Invoked To Quash FIR If Allegations Against Accused Are Distinct And Substantiated: Madhya Pradesh High Court Motor Vehicles Act | Tribunal Cannot Grant 'Right Of Recovery' To Insurer Without Evidence Of Policy Violation: Orissa High Court Mere Inadequacy Of Consideration Or Illiteracy Does Not Vitiate Specific Performance Unless Exploitation Is Proved: Madras High Court Contempt Jurisdiction Cannot Be Converted Into Parallel Forum To Enforce Civil Decrees: Punjab & Haryana High Court Order 18 Rule 17 CPC | Reopening Evidence At The Stage Of Arguments Without Compelling Grounds Amounts To Abuse Of Process: Telangana High Court Cannot Circumvent Bail Granted By Supreme Court: Punjab & Haryana High Court Quashes PITNDPS Preventive Detention Order

(1) COMPETITION COMMISSION OF INDIA .....Appellant Vs. STATE OF MIZORAM AND OTHERS .....Respondent D.D 19/01/2022 SUPREME COURT OF INDIA

Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 10820-10822 OF 2014 With CIVIL APPEAL NO. 1797 OF 2015 Docid 2022 LEJ Civil SC 58

(2) RENAISSANCE HOTEL HOLDINGS INC. .....Appellant Vs. B. VIJAYA SAI AND OTHERS .....Respondent D.D 19/01/2022 SUPREME COURT OF INDIA

Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 404 OF 2022 [Arising Out of SLP(C) No. 21428 of 2019] Docid 2022 LEJ Civil SC 54

(3) SUSHIL KUMAR .....Appellant Vs. THE STATE OF HARYANA AND OTHERS .....Respondent D.D 19/01/2022 SUPREME COURT OF INDIA

Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 401 OF 2022 [Arising Out of SLP (Civil) No. 30370 of 2017] Docid 2022 LEJ Civil SC 40

(4) STATE OF U.P. .....Appellant Vs. JAI DUTT AND ANOTHER .....Respondent D.D 19/01/2022 SUPREME COURT OF INDIA

Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 37 OF 2022 Docid 2022 LEJ Crim SC 82

(5) INDIAN OVERSEAS BANK AND OTHERS .....Appellant Vs. OM PRAKASH LAL SRIVASTAVA .....Respondent D.D 19/01/2022 SUPREME COURT OF INDIA

Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 267 OF 2022 Docid 2022 LEJ Civil SC 85

(6) MAMTAZ AND OTHERS .....Appellant Vs. GULSUMA ALIAS KULUSUMA .....Respondent D.D 18/01/2022 SUPREME COURT OF INDIA

Civil Procedure – Ex parte Decree – Appellants filed suit for declaration and possession – Trial Court passed ex parte decree – Respondent (defendant) preferred an appeal with a delay of 2 years and 7 months – First Appellate Court dismissed the appeal due to absence of delay condonation – High Court erroneously quashed both First Appellate Court’s dismiss...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 315 OF 2022 Docid 2022 LEJ Civil SC 42

(7) BHAGWANI .....Appellant Vs. THE STATE OF MADHYA PRADESH .....Respondent D.D 18/01/2022 SUPREME COURT OF INDIA

Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of an 11-year-old girl – Trial court awarded the death penalty, which was upheld by the High Court – Supreme Court partly allowed the appeal, commuting the death sentence to life imprisonment for a period of 30 years without remission – Emphasized the need to consider the possibility of rehab...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 101-102 OF 2022 (@ SLP (Crl.) Nos. 4821-4822 of 2018) Docid 2022 LEJ Crim SC 60

(8) BANK OF BARODA AND ANOTHER .....Appellant Vs. MBL INFRASTRUCTURES LIMITED AND OTHERS .....Respondent D.D 18/01/2022 SUPREME COURT OF INDIA

Insolvency Law – Resolution Applicant Eligibility – Sections 29A and 29A(h) of the IBC – Supreme Court held that "such creditor" in Section 29A(h) should be interpreted to include all similarly placed creditors after the initiation of the insolvency resolution process – The disqualification under Section 29A(h) is triggered by the existence of an enforceable guara...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8411 OF 2019 Docid 2022 LEJ Civil SC 63

(9) ATLANTA LIMITED THROUGH ITS MANAGING DIRECTOR .....Appellant Vs. UNION OF INDIA REPRESENTED BY CHIEF ENGINEER MILITARY ENGINEERING SERVICE .....Respondent D.D 18/01/2022 SUPREME COURT OF INDIA

Arbitration Law – Extension of Time and Contract Termination – Supreme Court upheld the findings of the Sole Arbitrator and the Single Judge, which granted the appellant an extension of time for completing the work and declared the termination of the contract by the respondent as wrongful – The Court emphasized that the Arbitrator’s interpretation of the contract clauses an...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1533 OF 2017 Docid 2022 LEJ Civil SC 44