(1)
M/S. SAI BABA SALES PRIVATE LIMITED .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondents D.D
26/11/2021
Environmental Clearance – Requirement – Further construction of the appellant's project comprising six buildings cannot proceed without a new environmental impact assessment – Environmental clearance needed for any new construction beyond initial sanctions [Paras 3-4, 18-19].
Doctrine of Legitimate Expectation – Project proponents are entitled to operate under the en...
(2)
HARI AND ANOTHER .....Appellants Vs.
THE STATE OF UTTAR PRADESH .....Respondent D.D
26/11/2021
Hostile Witnesses – Credibility – Conviction based on evidence from hostile witnesses upheld – Courts may rely on credible parts of hostile witness testimonies if corroborated by other evidence – The evidence of PW1 and other eyewitnesses was found reliable despite initial hostility [Paras 1-22, 27].
Honour Killing – Hostile Social Norms – Case involved the b...
(3)
UNION OF INDIA AND OTHERS .....Appellant Vs.
RAM BAHADUR YADAV .....Respondent D.D
26/11/2021
Service Law – Back-wages – In cases of wrongful termination, reinstatement with continuity of service and back-wages is the normal rule – Adjudicating authority must consider the length of service, nature of misconduct, financial condition of the employer, and similar factors – High Court correctly granted 50% back wages to the respondent [Paras 1-14].
Rule 161 RPF Rules...
(4)
SURINDER SINGH .....Appellant Vs.
STATE (UNION TERRITORY OF CHANDIGARH) .....Respondent D.D
26/11/2021
Criminal Law – Attempt to Murder – Appellant, a police official, used his service pistol in an inebriated condition – Conviction under Section 307 IPC upheld as the intent to kill was evident from the appellant’s actions – Sentence reduced to the period already undergone [Paras 1-27, 36].
Arms Act – Misuse of Licensed Weapon – Conviction under Section 2...
(5)
STATE OF HARYANA .....Appellant Vs.
HARNAM SINGH (DEAD) THR. LRS. AND OTHERS .....Respondents D.D
25/11/2021
Succession Law – Execution of Unprivileged Wills – High Court incorrectly formulated the question of law based on factual inquiry, contrary to Section 100 CPC – Both the Trial Court and the First Appellate Court had found the will not proved in terms of Section 63 of the Indian Succession Act – High Court's detailed factual inquiry was impermissible [Paras 1-8].
Evid...
(6)
L & T FINANCE LIMITED .....Appellant Vs.
PRAMOD KUMAR RANA AND ANOTHER .....Respondents D.D
25/11/2021
Consumer Protection – Allegations of Coercion – Allegations by the complainant of being coerced and threatened to sign blank papers for settlement – National Commission’s orders requiring personal appearance and issuing bailable warrants against Director of appellant company found premature and unwarranted without detailed examination of allegations [Paras 1-5].
Judicial...
(7)
AKKAMMA AND OTHERS .....Appellant Vs.
VEMAVATHI AND OTHERS .....Respondents D.D
25/11/2021
Property Law – Declaration of Ownership – High Court erred in denying declaration of ownership solely because plaintiffs failed to establish possession – Proviso to Section 34 Specific Relief Act not a bar if consequential relief sought but not granted on merit – Plaintiffs entitled to declaratory decree of ownership even if injunctive relief denied [Paras 15-19].
Posses...
(8)
SALUJA CONSTRUCTION COMPANY .....Appellant Vs.
NORTHERN COALFIELDS LIMITED .....Respondent D.D
25/11/2021
Arbitration – Scope of Arbitrator's Jurisdiction – Arbitrator exceeded jurisdiction by passing the award on contracts beyond the Bina Project agreement – High Court rightly set aside the award concerning other projects/contracts – Arbitrator bound by the specific agreement referred to arbitration [Paras 1-5].
Arbitration Award – Partial Upholding &nda...
(9)
STATE OF RAJASTHAN .....Appellant Vs.
BABLU @ OM PRAKASH .....Respondent D.D
24/11/2021
Criminal Law – Appeal against acquittal – The High Court acquitted 11 accused persons based on the reasoning that the eyewitnesses had not named the accused specifically or assigned specific roles – Supreme Court finds the High Court’s approach contrary to settled legal principles – Single witness testimony found reliable can be the basis of conviction – High Co...