(1) SALIM D. AGBOATWALA AND OTHERS .....Appellant Vs. SHAMALJI ODDHAVJI THAKKAR AND OTHERS .....Respondent D.D 17/09/2021 SUPREME COURT OF INDIA

Civil Procedure – Rejection of Plaint – Limitation – Plaintiffs filed suit in 1987 challenging tenancy order and sale certificate from 1963 and 1954 respectively – Claimed lack of notice and fraud in proceedings – Supreme Court emphasizes limitation as a mixed question of fact and law, asserting that claims of knowledge at a particular time must be accepted at Order 7...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 5641 OF 2021 (@ SLP (C) No. 26441 of 2014) Docid 2021 LEJ Civil SC 37

(2) SATYA PRAKASH DWIVEDI .....Appellant Vs. MUNNA ALIAS CHANDRABHAN YADAV AND OTHERS .....Respondent D.D 17/09/2021 SUPREME COURT OF INDIA

Civil Procedure – Reduction of Compensation – Appellate Power – High Court reduced compensation awarded by Tribunal in an appeal filed by the claimant seeking enhancement – High Court construed functional disability at 20% instead of 50% assessed by Tribunal without cross-objection or appeal from Insurance Company – Supreme Court held High Court erred in exercising Or...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 5926 OF 2021 (Arising Out of SLP(C) No. 6030 of 2021) Docid 2021 LEJ Civil SC 78

(3) UFLEX LIMITED .....Appellant Vs. GOVERNMENT OF TAMIL NADU AND OTHERS .....Respondent D.D 17/09/2021 SUPREME COURT OF INDIA

Judicial Review – Tender Process – Scope and Limitations – Judicial review of contractual matters is limited to checking arbitrariness, irrationality, unreasonableness, bias, and mala fides – Courts should not substitute their decision for that of the tendering authority – The process must be lawful, not necessarily sound – Transparency and fair play are essenti...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NOS. 4862-4863 OF 2021 Docid 2021 LEJ Civil SC 61

(4) DIRECTOR OF INCOME TAX, NEW DELHI .....Appellant Vs. M/S. MITSUBISHI CORPORATION .....Respondent D.D 17/09/2021 SUPREME COURT OF INDIA

Income Tax – Advance Tax and Interest – Assessee's liability for interest under Section 234B – Assessee, a non-resident company, contended no liability due to the payer's default in deducting tax – Supreme Court held that prior to financial year 2012-13, assessee could reduce advance tax liability by the amount deductible at source – Post-2012 amendment introd...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 1262 OF 2016 with CIVIL APPEAL NO. 1256 OF 2016; CIVIL APPEAL NO. 1268 OF 2016; CIVIL APPEAL NO. 1271 OF 2016; CIVIL APPEAL NO. 1272 OF 2016; CIVIL APPEAL NO. 5734 OF 2021; CIVIL APPEAL NO. 5735 OF 2021; CIVIL APPEAL NO. 4766 OF 2021; CIVIL APPEAL NO. 5737 OF 2021; CIVIL APPEAL NO. 3884 OF 2014 and CIVIL APPEAL NO. 1301 OF 2016 Docid 2021 LEJ Civil SC 66

(5) RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED AND ANOTHER .....Appellant Vs. ANIL KANWARIYA .....Respondent D.D 17/09/2021 SUPREME COURT OF INDIA

Service Law – False Declaration and Suppression of Facts – Employee failed to disclose criminal conviction during application and document verification – Terminated after discovery – High Court quashed termination relying on Avtar Singh v. Union of India (2016) 8 SCC 471 and benefit of Section 12 of Probation of Offenders Act – Supreme Court emphasizes employer's ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NOS. 5743-5744 OF 2021 (Arising out of SLP(Civil) Nos. 7386-7387 of 2020) Docid 2021 LEJ Civil SC 12

(6) RAJASTHAN HIGH COURT .....Appellant Vs. AKASHDEEP MORYA AND ANOTHER .....Respondent D.D 16/09/2021 SUPREME COURT OF INDIA

Service Law – Judicial Appointments – Criminal Antecedents – Candidate involved in multiple criminal cases acquitted, but not honorably – High Court allowed writ petition for appointment to Civil Judge post – Supreme Court emphasized the importance of judicial officers’ integrity and public confidence – Found committee's decision to deny appointment ba...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 5733 OF 2021 (Arising Out of SLP (Civil) No. 13017 of 2018) Docid 2021 LEJ Civil SC 93

(7) MOHD. RAFIQ @ KALLU .....Appellant Vs. THE STATE OF MADHYA PRADESH .....Respondent D.D 15/09/2021 SUPREME COURT OF INDIA

Criminal Law – Murder vs. Culpable Homicide – Distinction – Incident where the appellant was accused of running over a police officer after a truck inspection – Appellant initially convicted under Section 302 IPC – Supreme Court reevaluated circumstances, noting absence of premeditation and direct animus – Conversion of conviction to Section 304 Part I IPC justi...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 856 OF 2021 Docid 2021 LEJ Crim SC 98

(8) SUDHIR KUMAR @ S. BALIYAN .....Appellant Vs. VINAY KUMAR G.B. .....Respondent D.D 15/09/2021 SUPREME COURT OF INDIA

Civil Procedure – Disclosure and Discovery – Commercial Suits – Appellant sought to place additional documents on record under Order VII Rule 14(3) CPC – Commercial Court and High Court dismissed the application – Supreme Court analyzed Order XI Rule 1 applicable to commercial suits, emphasizing the need to disclose all documents in possession at the time of filing &n...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 5620 OF 2021 (Arising out of SLP (C) No. 13082 of 2021) Docid 2021 LEJ Civil SC 80

(9) ABDUL KHUDDUS .....Appellant Vs. H.M. CHANDIRAMANI (DEAD) THR LRS. AND OTHERS .....Respondent D.D 14/09/2021 SUPREME COURT OF INDIA

Municipal Law – Demolition of Building – Appeal against demolition order under Section 322 of Karnataka Municipal Corporations Act, 1976 – Building demolished within three days of notice – High Court held demolition lacked statutory notice period – Supreme Court upheld High Court’s finding but modified compensation amount – Notice served on 6.1.1995; demol...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1833 OF 2008 With CIVIL APPEAL NO. 1834 OF 2008 Docid 2021 LEJ Civil SC 90