(1) L & T FINANCE LIMITED .....Appellant Vs. PRAMOD KUMAR RANA AND ANOTHER .....Respondents D.D 25/11/2021

Consumer Protection – Allegations of Coercion – Allegations by the complainant of being coerced and threatened to sign blank papers for settlement – National Commission’s orders requiring personal appearance and issuing bailable warrants against Director of appellant company found premature and unwarranted without detailed examination of allegations [Paras 1-5]. Judicial...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5894-5895 OF 2021 Docid 2021 LEJ Civil SC 39

(2) AKKAMMA AND OTHERS .....Appellant Vs. VEMAVATHI AND OTHERS .....Respondents D.D 25/11/2021

Property Law – Declaration of Ownership – High Court erred in denying declaration of ownership solely because plaintiffs failed to establish possession – Proviso to Section 34 Specific Relief Act not a bar if consequential relief sought but not granted on merit – Plaintiffs entitled to declaratory decree of ownership even if injunctive relief denied [Paras 15-19]. Posses...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5884 OF 2009 Docid 2021 LEJ Civil SC 52

(3) SALUJA CONSTRUCTION COMPANY .....Appellant Vs. NORTHERN COALFIELDS LIMITED .....Respondent D.D 25/11/2021

Arbitration – Scope of Arbitrator's Jurisdiction – Arbitrator exceeded jurisdiction by passing the award on contracts beyond the Bina Project agreement – High Court rightly set aside the award concerning other projects/contracts – Arbitrator bound by the specific agreement referred to arbitration [Paras 1-5].   Arbitration Award – Partial Upholding &nda...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7041 OF 2021 (Arising Out of SLP (C) No. 10859 of 2018) Docid 2021 LEJ Civil SC 38

(4) STATE OF RAJASTHAN .....Appellant Vs. BABLU @ OM PRAKASH .....Respondent D.D 24/11/2021

Criminal Law – Appeal against acquittal – The High Court acquitted 11 accused persons based on the reasoning that the eyewitnesses had not named the accused specifically or assigned specific roles – Supreme Court finds the High Court’s approach contrary to settled legal principles – Single witness testimony found reliable can be the basis of conviction – High Co...

REPORTABLE # Criminal Appeal No. of 2021 (Arising Out of SLP(Crl.) No. 8676 of 2019) with connected appeals Docid 2021 LEJ Crim SC 28

(5) DEVENDER BHASKAR AND OTHERS .....Appellant Vs. STATE OF HARYANA AND OTHERS .....Respondent D.D 24/11/2021

Service Law – Appointment – Arts and Crafts Teachers – Dispute over equivalence – Whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized as equivalent to the diploma by the Haryana Industrial Training Department – The eligibility criteria specified a "two-year Diploma in Art and Craft examination conducted by the H...

REPORTABLE # Civil Appeal No. 7031 of 2021 (Arising Out of SLP(Civil) No. 8670 of 2007) Docid 2021 LEJ Civil SC 33

(6) AVNEESH CHANDAN GADGIL AND ANOTHER .....Appellant Vs. ORIENTAL BANK OF COMMERCE AND OTHERS .....Respondent D.D 24/11/2021

Recovery of Debts – Limitation – Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Whether Section 5 of the Limitation Act, 1963 is applicable – Supreme Court holds that Section 5 of the Limitation Act does not apply to appeals against the order of the Recovery Officer under Section 30 of the Act – The prescribed period of 30 days...

REPORTABLE # Civil Appeal No. 6898 of 2021 Docid 2021 LEJ Civil SC 26

(7) UTTAR PRADESH FOREST CORPORATION LUCKNOW AND OTHERS .....Appellant Vs. VIJAY KUMAR YADAV AND ANOTHER .....Respondent D.D 23/11/2021

Disciplinary Proceedings – Recovery Order – High Court set aside the punishment order due to non-compliance with principles of natural justice – Charge of causing loss of Rs. 246,922.56 proved by Enquiry Officer – Supreme Court holds High Court should have maintained recovery order as the charge was proven – Punishment for recovery maintained – Respondent’...

REPORTABLE # Civil Appeal No. 6947 of 2021 Docid 2021 LEJ Civil SC 97

(8) PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER .....Appellant Vs. BAL KRISHAN SHARMA AND OTHERS .....Respondent D.D 23/11/2021

Service Law – Pay Scale – Upgradation vs. Promotion – Respondents claimed higher pay scales on completion of service milestones without promotion – Upgradation of posts merely provided financial benefit without changing duties – Supreme Court holds that claim based on office order for next higher pay scale without assuming higher responsibilities is misconceived &ndas...

REPORTABLE # Civil Appeal No. 6995 of 2021 (@ SLP (C) No. 9042 of 2019) Docid 2021 LEJ Civil SC 80

(9) STATE OF U.P. .....Appellant Vs. CHUNNI LAL AND OTHERS .....Respondent D.D 23/11/2021

Service Law – Appointment – Two candidates recommended for a single post – Initial appointee pursuant to High Court's order – Subsequent recommendation for another candidate – High Court erred in directing appointment of second candidate without affecting initial appointee – Two persons cannot be appointed to a single post – High Court’s order se...

REPORTABLE # Civil Appeal No. 6945 of 2021 Docid 2021 LEJ Civil SC 93