(1) MR. RAJEEV NOHWAR .....Appellant Vs. CHIEF CONTROLLING REVENUE AUTHORITY MAHARASHTRA STATE PUNE AND OTHERS .....Respondent D.D 24/09/2021

Stamp Duty – Refund – Application for refund of stamp duty – Appellant sought refund due to prolonged proceedings before NCDRC – Application rejected on grounds of delay beyond six months – Supreme Court held rejection of refund application due to judicial delay violates equity and fairness – Case fit for exercise of power under Article 142 of the Constitution &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5970 OF 2021 (Arising out of SLP (C) No 699 of 2019) Docid 2021 LEJ Civil SC 90

(2) M/S. MAGADH SUGAR AND ENERGY LIMITED .....Appellant Vs. THE STATE OF BIHAR AND OTHERS .....Respondent D.D 24/09/2021

Electricity Duty – Imposition and Penalty – Appellant challenged imposition of electricity duty and penalty on supply of electricity to BSEB – High Court dismissed writ petition citing availability of alternate remedy and factual nature of dispute – Supreme Court held High Court erred in dismissing petition – Issues raised were questions of law suitable for writ juris...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5728 OF 2021 Docid 2021 LEJ Civil SC 90

(3) THE JAMIA MASJID .....Appellant Vs. SRI K V RUDRAPPA (SINCE DEAD) BY LRS. AND OTHERS .....Respondent D.D 23/09/2021

Civil Procedure – Res Judicata – Section 92 CPC – Representative suit – Suit filed under Section 92 CPC for settling a scheme of administration for a mosque – Ownership of the suit property was an issue – Judgment in the representative suit is binding on all interested parties – Issue of title to the suit property determined in the representative suit bars...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10946 OF 2014 Docid 2021 LEJ Civil SC 35

(4) M/S VIJETA CONSTRUCTION .....Appellant Vs. M/S. INDUS SMELETERS LTD AND ANOTHER .....Respondent D.D 23/09/2021

Arbitration – MSMED Act – Jurisdiction and Procedure – Dispute regarding payment for supply of TMT bars – Facilitation Council dismissed proceedings citing lack of jurisdiction – High Court dismissed writ petition suggesting remedy under Section 34 of Arbitration Act – Supreme Court held Facilitation Council did not follow proper procedure under Section 18 of MS...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5934 OF 2021 Docid 2021 LEJ Civil SC 54

(5) TRIYAMBAK S. HEGDE .....Appellant Vs. SRIPAD .....Respondent D.D 23/09/2021

Negotiable Instruments Act – Dishonor of Cheque – Complaint under Section 138 of the NI Act for dishonor of cheque – Respondent issued cheque for Rs. 1,50,000 as part repayment of advance – Cheque dishonored due to insufficient funds – Magistrate convicted respondent, sentencing to six months imprisonment and fine – Sessions Court upheld conviction – High ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 849-850 OF 2011 Docid 2021 LEJ Crim SC 45

(6) IN RE: DELAY IN RELEASE OF CONVICTS AFTER GRANT OF BAIL Vs. UOI D.D 23/09/2021

Non-Release of Prisoners – Delay in Release after Bail – Suo moto proceedings initiated due to reports of non-release of prisoners post bail grant – Adoption of FASTER (Fast and Secured Transmission of Electronic Records) system proposed – Supreme Court directed ensuring internet facility in jails for electronic transmission of orders – Interim communication through S...

REPORTABLE # SUO MOTO WRIT PETITION (C) No. 4/2021 Docid 2021 LEJ Civil SC 45

(7) NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS .....Appellant Vs. MADHUKAR KUMAR AND OTHERS .....Respondent D.D 23/09/2021

Toll Plaza – Location and Compliance with Rules – Construction of toll plaza at 194 km of Patna-Bakhtiyarpur section of NH30 challenged – High Court directed relocation citing violation of Rule 8 of 2008 Rules – Rule 8 mandates toll plazas to be beyond 10 km from municipal or town area limits – Supreme Court found that establishment of toll plaza within municipal limi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11141 OF 2018 Docid 2021 LEJ Civil SC 62

(8) S. KARTHIK AND OTHERS .....Appellant Vs. N. SUBHASH CHAND JAIN AND OTHERS .....Respondent D.D 23/09/2021

SARFAESI Act – Sale Notice Compliance – Appellants challenged the validity of the Second Sale Notice for not adhering to the statutory requirement of a 30-day notice period – Supreme Court held that the notice violated Rules 8(6) and 9(1) of the Security Interest (Enforcement) Rules, 2002, mandating a clear 30-day notice for sale of immovable property – Court emphasized com...

REPORTABLE # Civil Appeal Nos. 5920-5923 of 2021 [Arising out of SLP (Civil) No. 8614-8617 of 2020] Docid 2021 LEJ Civil SC 95

(9) AJAI PAL SINGH AND OTHERS .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 23/09/2021

Land Acquisition – Compensation Assessment – Appellants sought higher compensation based on later acquisitions – High Court upheld Reference Court's award – Supreme Court modified compensation to Rs. 28.12 per square yard – Appeals partly allowed [Paras 1-15]. Land Valuation – Comparison with Subsequent Acquisitions – Claim for higher compensation b...

REPORTABLE # Civil Appeal Nos. 5738-5739 of 2021 with Civil Appeal No. 5740 of 2021 Docid 2021 LEJ Civil SC 80