(1) HEMANTHA KUMAR .....Appellant Vs. R. MAHADEVAIAH AND OTHERS .....Respondent D.D 11/07/2022

Civil Procedure – Compromise of Suit – Application under Order 23 Rule 3 CPC filed jointly by parties requesting a consent decree – Trial Court referred the matter to Lok Adalat where consent decree was passed – High Court erred in setting aside the consent decree on grounds of alleged fraud without substantial evidence [Paras 6-10].   Genuineness of Consent Decr...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4108 OF 2022 Docid 2022 LEJ Civil SC 69

(2) STATE OF UTTAR PRADESH AND ANOTHER .....Appellant Vs. AKHIL SHARDA AND OTHERS .....Respondent D.D 11/07/2022

Criminal Law – Delay in Delivery of Judgment – Long delay in delivering judgment causes unnecessary speculation among parties – Emphasized need for timely pronouncement to uphold confidence in the judicial system [Paras 6.1, 6.2].   Criminal Procedure – Section 482 CrPC – Mini Trial – High Court exceeded jurisdiction by virtually conducting a mini tri...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 840 OF 2022 With CRIMINAL APPEAL NO. 841 OF 2022 Docid 2022 LEJ Crim SC 23

(3) PRINCIPAL COMMISSIONER OF INCOME TAX-III, BANGALORE AND ANOTHER .....Appellant Vs. M/S WIPRO LIMITED .....Respondent D.D 11/07/2022

Income Tax – Exemption under Section 10B(8) – Assessee failed to furnish declaration before the due date of filing original return of income under Section 139(1) – Supreme Court held both conditions of furnishing declaration and doing so before due date are mandatory – Non-compliance bars exemption claim [Paras 1-14].   Filing of Declaration – Time Limit Ma...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1449 OF 2022 (Arising out of SLP(Civil) No. 7620 of 2021) Docid 2022 LEJ Civil SC 14

(4) GREGORY PATRAO AND OTHERS .....Appellant Vs. RESPONDENT(S): MANGALORE REFINERY AND PETROCHEMICALS LIMITED AND OTHERS .....Respondent D.D 11/07/2022

Land Acquisition – "Person Interested" – MRPL as Allottee – Acquired land allotted to MRPL by KIADB – High Court erred in treating MRPL as a "person interested" entitled to participate in compensation determination – Proper party in reference proceedings only if acquisition is under Land Acquisition Act, not KIAD Act [Paras 6-7.1, 7.5-7.6]. &nbs...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4105-4107 OF 2022 Docid 2022 LEJ Civil SC 98

(5) STATE BANK OF INDIA AND OTHERS .....Appellants Vs. DR. VIJAY MALLYA .....Respondent D.D 11/07/2022

Contempt of Court – Non-disclosure of Assets – Respondent guilty of contempt for failing to disclose assets and violating court orders restraining transfer of funds – Supreme Court holds actions contumacious and orders adequate punishment – Emphasizes need for compliance with court orders to maintain majesty of law [Paras 1-30].   Reversal of Transactions –...

REPORTABLE # Contempt Petition (C) Nos. 421-424 of 2016 in Special Leave Petition (C) Nos. 6828-6831 of 2016 Docid 2022 LEJ Civil SC 15

(6) ABU SALEM ABDUL KAYYUM ANSARI .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent D.D 11/07/2022

Constitutional Law – Article 72 – Extradition and Sovereign Assurance – Appellant convicted in the 1993 Bombay Blasts Case – Completing 25 years of sentence – Central Government bound to advise the President of India for release under Article 72 in accordance with international commitment and principles of comity of courts – Courts in India must impose sentence ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 679 OF 2015 With CRIMINAL APPEAL NO. 180 OF 2018 Docid 2022 LEJ Crim SC 12

(7) MOHAMMAD IRFAN .....Appellant Vs. STATE OF KARNATAKA .....Respondent D.D 11/07/2022

Criminal Law – Conspiracy and Terrorist Activities – Appellants convicted for conspiracy to commit terrorist acts, possession of arms and explosives, and association with banned organization Lasker-e-Toiba – Convictions upheld under Sections 120B, 121, 121A, 122, 124A, 153A, and 153B of IPC; Sections 5 and 6 of the Explosive Substances Act; and Sections 25 and 26 of the Arms Act ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 201-202 OF 2018 With CRIMINAL APPEAL NOS. 203-204 OF 2018 And CRIMINAL APPEAL NOS. 205-207 OF 2018 And CRIMINAL APPEAL NOS. 208-209 OF 2018 Docid 2022 LEJ Crim SC 95

(8) VIRENDRA .....Appellant Vs. STATE OF MADHYA PRADESH .....Respondent D.D 11/07/2022

Penal Code 1860 (IPC) – Section 302/34 – Murder by Gunshot – Appellant convicted of murder – Recovery of the gun from co-accused, allegedly owned by the appellant – Prosecution failed to prove how the weapon came into the possession of the co-accused and who used it – Inadequate evidence and improper recovery process – Conviction and sentence set aside due...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 466 OF 2018 Docid 2022 LEJ Crim SC 40

(9) BHARAT SANCHAR NIGAM LIMITED .....Appellant Vs. M/S. NEMICHAND DAMODARDAS & ANR. .....Respondent D.D 11/07/2022

Land Acquisition – Market Value Determination – Market value of land depends on location, area, development status, size of land plot, and other advantageous or disadvantageous factors – Rates in Ready Reckoner, intended for stamp duty collection, cannot be used to determine compensation for land acquisition – Reliance on Ready Reckoner rates leads to erroneous enhancement ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3478 OF 2022 Docid 2022 LEJ Civil SC 40