(1) MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL .....Appellant Vs. RAMDWAR MAHAVIR PANDE (DEAD) THROUGH LRS. AND OTHERS .....Respondent D.D 21/09/2021

Encroachment – Land Measurement Dispute – Plaintiff alleged defendants encroached land purchased in 1995 – Trial Court dismissed suit, noting defendants possessed land since 1969 and plaintiff acknowledged encroachment in sale deed – Appellate Court upheld dismissal – High Court ordered surveyor measurement, findings indicated defendants encroached 38 R (40888 sq. ft....

REPORTABLE # Civil Appeal No. 5847 of 2021 (Arising out of SLP (C) No. 33865 of 2018) Docid 2021 LEJ Civil SC 85

(2) KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED .....Appellant Vs. T.P. NATARAJA AND OTHERS .....Respondent D.D 21/09/2021

Service Law – Change of Date of Birth – Delay and Laches – Application for change of date of birth in service records must comply with relevant statutory provisions – Karnataka State Servants (Determination of Age) Act mandates application within three years from date of birth recording or within one year from Act commencement – Employee's application made 24 year...

REPORTABLE # Civil Appeal No. 5720 of 2021 with Civil Appeal No. 5721 of 2021 Docid 2021 LEJ Civil SC 78

(3) COMMISSIONER OF CUSTOMS, PUNE .....Appellant Vs. M/S BALLARPUR INDUSTRIES LIMITED .....Respondent D.D 21/09/2021

Customs Act – Mis-declaration of Goods – Anti-dumping Duty – Show cause notices alleged mis-declaration of imported goods as 'Lutex – 701' and 'Lutex – 780' – Tests revealed goods were SBR of 1900 series – Tribunal set aside anti-dumping duty demand – Supreme Court found Tribunal's findings contrary to record – Goods liable ...

REPORTABLE # Civil Appeal Nos. 5644-5645 of 2021 Docid 2021 LEJ Civil SC 83

(4) PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER .....Appellant Vs. EMTA COAL LIMITED .....Respondent D.D 21/09/2021

Coal Mines (Special Provisions) Act – Section 11 Interpretation – Successful allottee's discretion – Supreme Court held successful bidder has complete freedom to adopt or reject existing contracts related to coal mining operations – No obligation to continue with prior contracts unless elected – Statutory provision prevails over any conflicting contractual clause ...

REPORTABLE # Civil Appeal Nos. 5823-5824 of 2021 [Arising out of SLP(C) Nos. 9924-9925 of 2019] with Civil Appeal Nos. 5825-5826 of 2021 [Arising out of SLP(C) Nos. 14384-14385 of 2021] Docid 2021 LEJ Civil SC 81

(5) KALA SINGH @ GURNAM SINGH .....Appellant Vs. STATE OF PUNJAB .....Respondent D.D 21/09/2021

Penal Code – Section 304 Part-II/34 IPC – Sudden Quarrel – Appellant involved in a sudden fight over stolen pigeon – Co-accused inflicted fatal blow in heat of passion – High Court modified conviction from Section 302 to 304 Part-I – Supreme Court further modified to 304 Part-II due to lack of intention to cause death – Conviction under Section 201 IPC mai...

REPORTABLE # Criminal Appeal Nos. 1040-1041 of 2021 [Arising out of SLP (Crl.) Nos. 11140-11141 of 2019] Docid 2021 LEJ Crim SC 85

(6) M/S LAXMI CONTINENTAL CONSTRUCTION CO. .....Appellant Vs. STATE OF U.P. AND ANOTHER .....Respondent D.D 20/09/2021

Arbitration – Extension of Time – Arbitrator's Mandate – Sole Arbitrator continued arbitration proceedings and passed the award within the extended period – High Court set aside the award citing misconduct as Arbitrator continued post-retirement – Supreme Court held Arbitrator's mandate valid until proceedings conclude, absent contrary provision – Extens...

REPORTABLE # Civil Appeal No. 6797 of 2008 Docid 2021 LEJ Civil SC 56

(7) STATE OF TAMIL NADU AND OTHERS .....Appellant Vs. M.S. VISWANATHAN AND OTHERS .....Respondent D.D 20/09/2021

Urban Land Ceiling – Possession and Allotment – Landowner's excess land acquired under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 – Landowner's letter indicated voluntary surrender of possession in 1980 – High Court erroneously presumed landowner retained possession based on inspection reports without examining records or letter – Supreme Cou...

REPORTABLE # CIVIL APPEAL NO. 5881 OF 2010 With CIVIL APPEAL NO. 5885 OF 2010 Docid 2021 LEJ Civil SC 17

(8) GEETA GUPTA .....Appellant Vs. RAMESH CHANDRA DWIVEDI AND OTHERS .....Respondent D.D 20/09/2021

Tenancy Law – Validity of Tenancy – Respondent claimed tenancy rights based on an agreement from 1975 allegedly executed by a power of attorney holder of the original owners – Dispute over the authority of the power of attorney holder to induct tenants – Lower courts found no objection raised by original owners from 1975 to 1994, implying consent to the tenancy – Supr...

REPORTABLE # CIVIL APPEAL NO. 4750 OF 2011 Docid 2021 LEJ Civil SC 95

(9) ALLAHABAD BANK AND OTHERS .....Appellant Vs. KRISHAN PAL SINGH .....Respondent D.D 20/09/2021

Service Law – Reinstatement with Back Wages – Respondent dismissed from service after being suspected of involvement in a fire incident at the Bank – Central Government Industrial Tribunal found misconduct unproven but ordered compensation in lieu of reinstatement due to loss of confidence – High Court quashed Tribunal's award and ordered reinstatement with full benefit...

REPORTABLE # CIVIL APPEAL NO. OF 2021 (Arising out of SLP (C) No. 19648 of 2019) Docid 2021 LEJ Civil SC 22