(1) M/S AJAY PROTECH PVT. LTD....Appellant(s) Vs. GENERAL MANAGER & ANR....Respondent(s) D.D 22/11/2024

Arbitral Mandate – Application Filed Post Expiry – Section 29A(4) of the Arbitration and Conciliation Act, 1996 – Appeal Allowed - The appellant filed an application under Section 29A(4) for extending the mandate of the Arbitral Tribunal after its expiry. The High Court dismissed the application, citing delay and the absence of a pending extension request before the expiry. Held:...

REPORTABLE # CIVIL APPEAL NO. _________/2024 SPECIAL LEAVE PETITION (CIVIL) NO. 2272 OF 2024 Docid 2024 LEJ Civil SC 605563

(2) RAMACHANDRAN & ORS....Appellant(s) Vs. VIJAYAN & ORS....Respondent(s) D.D 21/11/2024

Property Law - Marumakkathayam Law – Partition and Property Nature – Tharwad or Individual Ownership – Appeal Dismissed – The appellants contended that properties partitioned under Marumakkathayam law ceased to be joint tharwad property and became individually owned. Held: The properties inherited by a thavazhi remain tharwad property, jointly held by its members. The Court...

REPORTABLE # CIVIL APPEAL NO. 2161 OF 2012 Docid 2024 LEJ Civil SC 795390

(3) R. KANDASAMY (SINCE DEAD) & ORS. ...Appellants Vs. T.R.K. SARAWATHY & ANR. ...Respondents D.D 21/11/2024

Civil Law - Specific Performance – Time as Essence – Enforceability of Agreement – Buyers’ Conduct – Agreement Unenforceable - The agreement for sale specified that time was of the essence, yet allowed extensions implicitly through conduct – Buyers argued four-month performance period began only upon tenant vacating the property, which was contested – Cour...

REPORTABLE # CIVIL APPEAL NO. 3015 OF 2013 CIVIL APPEAL NO. 3016 OF 2013 Docid 2024 LEJ Civil SC 420942

(4) Kallakuri Pattabhiramaswamy (Dead) Through LRs ...Appellants Vs. Kallakuri Kamaraju & Others ...Respondents D.D 21/11/2024

Hindu Succession Act – Sections 14(1) and 14(2) – Scope and Application – Property given to a Hindu widow in lieu of maintenance can become her absolute property under Section 14(1) unless a restrictive estate is explicitly prescribed under Section 14(2) – Held: Absolute rights were granted to Smt. Veerabhadramma for 2.09 acres of land, while a life interest was created in ...

NON REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5389 OF 2012 Docid 2024 LEJ Civil SC 792464

(5) Shambhu Chauhan ...Appellant Vs. Ram Kirpal Alias Chirkut & Others ...Respondents D.D 21/11/2024

Civil Law - U.P. Consolidation of Holdings Act – Claim of Co-Tenancy – Disputed Land – Appellant challenged the High Court’s decision restoring the order of the Consolidation Officer, which dismissed the claim of Smt. Gulabi to co-tenancy over the disputed land – High Court found the Appellate and Revisional Authorities acted perversely, reversing findings supported b...

NON REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3311 OF 2017 Docid 2024 LEJ Civil SC 469662

(6) Manjit Singh & Another ...Appellants Vs. Darshana Devi & Others ...Respondents D.D 21/11/2024

Specific Performance – Subsequent Purchaser – Section 19(b) of the Specific Relief Act – The plaintiff sought specific performance of an oral agreement of sale for property subsequently sold to appellants – High Court held that appellants were not bona fide purchasers as they failed to inquire into the rights of the plaintiff, who was in possession – Supreme Court aff...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 13066/2024 (@Petition for Special Leave to Appeal (C) No. 18899/2019) Docid 2024 LEJ Civil SC 932156

(7) Rajneesh Kumar & Anr....Petitioners Vs. Ved Prakash...Respondent D.D 21/11/2024

Limitation Law - Condonation of Delay – Litigant's Responsibility – Section 5 of the Limitation Act, 1963 – Condonation Denied - The Court emphasized the litigant’s duty to vigilantly monitor proceedings initiated by them. The excuse of advocate negligence was deemed insufficient to justify a delay of 534 days – Held: The delay cannot be condoned solely on allegat...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NOS. 935-936 OF 2021 Docid 2024 LEJ Civil SC 634811

(8) Hetram @ Babli ...Appellant Vs. State of Rajasthan & Anr. ...Respondents D.D 20/11/2024

Invocation of Section 319 CrPC – Evidentiary Threshold – Test for Prima Facie Case – Power under Section 319 CrPC must be exercised only when evidence meets the standard of more than prima facie that would lead to conviction if unchallenged – Allegations in examination-in-chief, contradicted during cross-examination, do not satisfy this threshold – Held: High Court er...

NON REPORTABLE # CRIMINAL APPEAL NO. 4656 OF 2024 (Arising out of S.L.P. (Criminal) No. 4253 of 2023) Docid 2024 LEJ Crim SC 633120

(9) Sunny @ Santosh Dharmu Bhosale...Appellant Vs. The State of Maharashtra...Respondent D.D 20/11/2024

Criminal Law – Conviction for Murder – Section 302 IPC – Altered to Section 304 Part I IPC – Appellant convicted of murder for assaulting the deceased with a bamboo stick – Supreme Court found no evidence of premeditation or motive to commit murder – Assault occurred in a sudden quarrel during a heated moment – Conviction altered to culpable homicide not a...

REPORTABLE # CRIMINAL APPEAL NO. [Arising out of Special Leave Petition (Criminal) No. 13920 of 2024] Docid 2024 LEJ Crim SC 415648