(1) GURMAIL SINGH AND ANOTHER .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 17/10/2022

Murder – Non-recovery of Weapons – Non-recovery of weapons does not discard the evidence of injured eye witnesses – Conviction under Sections 302 and 149 IPC upheld – Appeals dismissed [Paras 1-22].   Unlawful Assembly – Common Object – Ten individuals assembled with firearms and lethal weapons – Violence and the ultimate act leading to murder i...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 965 OF 2018 Docid 2022 LEJ Crim SC 90

(2) STATE THROUGH THE INSPECTOR OF POLICE .....Appellant Vs. LALY @ MANIKANDAN & ANOTHER ETC. .....Respondent D.D 14/10/2022

Murder – Acquittal – Absence of weapon recovery not a ground for acquittal – Eye witness testimony sufficient to convict – Contradictions in FIR timing not substantial – High Court's acquittal quashed and Trial Court's conviction restored – Respondents directed to surrender [Paras 1-10].   Eyewitness Testimony – Sole reliance on credible...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1750-1751 OF 2022 Docid 2022 LEJ Crim SC 28

(3) KAPIL KUMAR .....Appellant Vs. RAJ KUMAR .....Respondent D.D 14/10/2022

Second Appeal – Execution of Pronote – High Court interfered with concurrent findings of lower courts on execution of pronote – High Court set aside decrees on the ground of non-examination of attesting witness – Supreme Court found signature on pronote established by handwriting expert and execution by deed writer – High Court's interference unwarranted – P...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5854 OF 2022 Docid 2022 LEJ Civil SC 80

(4) M/S DELHI AIRTECH SERVICES PVT. LTD. AND ANOTHER .....Appellant Vs. STATE OF U.P. AND ANOTHER .....Respondent D.D 14/10/2022

Land Acquisition – Section 17 Urgency Provisions – Compliance with Section 17(3A) mandatory for absolute vesting – Non-compliance with Section 17(3A) leads to lapsing of acquisition if award not made within two years – Compliance with Section 17(3A) and taking possession ensures vesting and avoids lapsing under Section 11A – Acquisition in present case deemed not to h...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 24 OF 2009 Docid 2022 LEJ Civil SC 99

(5) SUNITA BURMAN .....Appellant Vs. THE COMMISSIONER M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND OTHERS .....Respondent D.D 14/10/2022

Family Pension – Work-Charged Employee – Appellant's deceased husband was engaged as a Muster Roll employee and later appointed to the work-charged establishment – Deceased remained a work-charged employee until his demise – Work-charged employees not covered under M.P. Civil Services (Pension) Rules, 1976 – Board had adopted National Pension Scheme for work-charg...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7068 OF 2022 Docid 2022 LEJ Civil SC 16

(6) KESAR BAI .....Appellant Vs. GENDA LAL AND ANOTHER .....Respondent D.D 14/10/2022

Adverse Possession – Title Suit – Plaintiffs not found to be owners – Plaintiffs' claim of title by adverse possession and ownership through sale deed contradictory – High Court erred in granting permanent injunction – Appeal allowed, lower courts' judgments quashed, Trial Court judgment restored dismissing suit [Paras 1-6].   Contradictory Claims &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7129 OF 2022 Docid 2022 LEJ Civil SC 93

(7) KERALA LAND REFORMS & DEVELOPMENT CO-OPERATIVE SOCIETY LIMITED .....Appellant Vs. THE DISTRICT REGISTRAR (GENERAL) AND ANOTHER .....Respondent D.D 14/10/2022

Stamp Duty Remission – Cooperative Societies – High Court held remission under Section 40(1)(a) of Kerala Act 1969 limited to instruments executed by or on behalf of society or by an officer/member for society business – SRO 75/60 broader remission scope inconsistent with Section 40(1)(a) and not saved under Section 110(2) – Appeal against limited remission dismissed [Paras...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6588 OF 2015 With CIVIL APPEAL NO. 6830 OF 2022; CIVIL APPEAL NOS. 6831-6832 OF 2022; CIVIL APPEAL NO. 6833 OF 2022; CIVIL APPEAL NOS. 6834-6836 OF 2022; CIVIL APPEAL NOS. 6837-6838 OF 2022 Docid 2022 LEJ Civil SC 27

(8) ROOPWATI AND OTHERS .....Appellant Vs. RAM KISHAN AND OTHERS .....Respondent D.D 14/10/2022

Motor Vehicles Act – Compensation – Motor accident resulting in the death of the deceased, Hari Ram – Appellants, the claimants (wife, son, and mother of the deceased), challenged the initial compensation awarded by the Motor Accident Claims Tribunal – High Court increased the compensation from Rs. 433,000 to Rs. 655,000, correcting the age of the deceased from 60 to 50 yea...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6818 OF 2022 (Arising out of SLP (C) No. 7389 of 2020) Docid 2022 LEJ Civil SC 66

(9) THE STATE OF MADHYA PRADESH AND ANOTHER .....Appellant Vs. M/S COMMERCIAL ENGINEERS AND BODY BUILDING COMPANY LIMITED .....Respondent D.D 14/10/2022

Constitutional Law – Writ Jurisdiction – High Court’s jurisdiction under Article 226 of the Constitution – Statutory remedy of appeal under Section 46(1) of the MP VAT Act, 2002 – High Court entertained a writ petition against the Assessment Order denying Input rebate despite availability of statutory appeal – Supreme Court held High Court’s decision unsus...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7170 OF 2022 Docid 2022 LEJ Civil SC 83