(1) SUPERTECH LIMITED .....Appellant Vs. EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION AND OTHERS .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Modification of Judgment – Miscellaneous Application – Appellant sought modification of the order for demolition of part of Tower T-17 – Court emphasized that such applications should not bypass procedures for review – Clarifications or modifications cannot serve as a backdoor for review – Reliefs sought amount to review and therefore not maintainable [Paras 1-88]. ...

SUPREME COURT OF INDIA REPORTABLE # Miscellaneous Application No. 1572 of 2021 in Civil Appeal No. 5041 of 2021 Docid 2021 LEJ Civil SC 70

(2) MOHD. RAZA AND ANOTHER .....Appellant Vs. GEETA @ GEETA DEVI .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Eviction on Admission – Order XII Rule 6 of CPC – High Court decreed eviction on admission based on the defendants' written statement – Defendants claimed ownership through an agreement to sell, but such agreement does not confer ownership – High Court correctly interpreted admissions regarding plaintiff’s ownership and defendant No.1's tenancy – Appeal ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6098 of 2021 Docid 2021 LEJ Civil SC 50

(3) GARG BUILDERS .....Appellant Vs. BHARAT HEAVY ELECTRICALS LIMITED .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Arbitration – Pendente Lite Interest – Clause barring interest in contract – Arbitrator cannot award pendente lite interest if contract explicitly bars it – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 emphasizes parties' agreement over arbitrator’s power – High Court's rejection of pendente lite interest upheld [Paras 1-23]. Contrac...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6216 of 2021 (Arising out of SLP (C) No. 16320 of 2018) Docid 2021 LEJ Civil SC 75

(4) PAULMECH INFRASTRUCTURE PRIVATE LIMITED .....Appellant Vs. THE STATE OF ODISHA AND OTHERS .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Lease Agreement – Termination and Payment Compliance – Dispute over non-payment within stipulated time – LOI required Rs. 9.34 crore within 30 days – Extensions granted but payment not completed within extended time – Termination of LOI upheld as justified – Amounts paid beyond deadlines ordered to be refunded – Appellant allowed to pursue civil suit for a...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 6023 of 2021 (Arising out of SLP (Civil) No. 25409 of 2017) Docid 2021 LEJ Civil SC 47

(5) VIPAN KUMAR DHIR .....Appellant Vs. STATE OF PUNJAB AND ANOTHER .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

Anticipatory Bail – Dowry Death – Conduct and Gravity of Offense – High Court granted anticipatory bail to respondent accused despite her absconding for over two years – Absconding and the nature of the offense distinguished her from co-accused granted bail – High Court's decision set aside as it ignored relevant factors [Paras 2-14]. Bail Cancellation – ...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal Nos. 1161-1162 of 2021 (Arising Out of SLP (Crl.) Nos. 5404-5405 of 2021) Docid 2021 LEJ Crim SC 27

(6) GAURAV KUMAR BANSAL .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

COVID-19 Ex-Gratia Assistance – Guidelines and Compliance – National Disaster Management Authority (NDMA) issued guidelines recommending Rs. 50,000/- ex-gratia assistance for kin of deceased due to COVID-19 – Assistance to be provided from State Disaster Response Fund (SDRF) – District Disaster Management Authority/District Administration responsible for disbursement &ndash...

SUPREME COURT OF INDIA REPORTABLE # Miscellaneous Application No. 1120 of 2021 in Writ Petition (Civil) No. 539 of 2021 Docid 2021 LEJ Civil SC 63

(7) K. KARUPPURAJ .....Appellant Vs. M. GANESAN .....Respondent D.D 04/10/2021 SUPREME COURT OF INDIA

First Appellate Court – Duty to Address All Issues – High Court failed to re-appreciate the evidence and did not comply with Order 41 Rule 31 CPC – Appellate court must frame points for determination and address all issues based on evidence – High Court's judgment set aside for non-compliance [Paras 6-7]. Willingness to Perform Contract – Specific Performance S...

SUPREME COURT OF INDIA REPORTABLE # Case No.: Civil Appeal Nos. 6014-6015 of 2021 Docid 2021 LEJ Civil SC 46

(8) THOTA SRIDHAR REDDY AND OTHERS .....Appellant Vs. MANDALA RAMULAMMA AND OTHERS .....Respondent D.D 01/10/2021 SUPREME COURT OF INDIA

Occupancy Rights vs. Ownership Rights – Conflict of Acts – High Court annulled occupancy rights granted under the Inams Act in favor of ownership rights under Section 38-E of the Tenancy Act – Tenancy Act’s Section 38-E(1) overrides the Inams Act – Protected tenants become full owners with effect from the date specified in the notification, superseding occupancy right...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 2506-2507 of 2021 Docid 2021 LEJ Civil SC 74

(9) KERALEEYA SAMAJAM AND ANOTHER .....Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS .....Respondent D.D 01/10/2021 SUPREME COURT OF INDIA

Arrears of Salaries – Compliance with Pay Commission Recommendations – High Court directed the appellant to pay salaries as per 5th and 6th Pay Commissions – Appellant’s failure to comply led respondents to approach Deputy Director (Education) – Submission to restrict arrears to three years preceding the writ petition rejected – Duty of institution to comply wit...

SUPREME COURT OF INDIA REPORTABLE # SLP (C) Nos. 21660-21661 of 2019 Docid 2021 LEJ Civil SC 40