(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...
(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...
(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...
(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...
(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 ...
(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...
(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...
(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...
(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...