(1) HARI AND ANOTHER .....Appellants Vs. THE STATE OF UTTAR PRADESH .....Respondent D.D 26/11/2021

Hostile Witnesses – Credibility – Conviction based on evidence from hostile witnesses upheld – Courts may rely on credible parts of hostile witness testimonies if corroborated by other evidence – The evidence of PW1 and other eyewitnesses was found reliable despite initial hostility [Paras 1-22, 27]. Honour Killing – Hostile Social Norms – Case involved the b...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 186 OF 2018 With CRIMINAL APPEAL NOS. 190-192 OF 2018 With CRIMINAL APPEAL NO. 188 OF 2018 With CRIMINAL APPEAL NO. 1503 OF 2021 (@SLP (Crl.) No. 1975 of 2018) With CRIMINAL APPEAL NO. 420 OF 2021 With CRIMINAL APPEAL NOS. 1553-1556 OF 2018 With CRIMINAL APPEAL NO. 189 OF 2018 With CRIMINAL APPEAL NO. 187 OF 2018 Docid 2021 LEJ Crim SC 10

(2) UNION OF INDIA AND OTHERS .....Appellant Vs. RAM BAHADUR YADAV .....Respondent D.D 26/11/2021

Service Law – Back-wages – In cases of wrongful termination, reinstatement with continuity of service and back-wages is the normal rule – Adjudicating authority must consider the length of service, nature of misconduct, financial condition of the employer, and similar factors – High Court correctly granted 50% back wages to the respondent [Paras 1-14]. Rule 161 RPF Rules...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9334 OF 2010 Docid 2021 LEJ Civil SC 62

(3) SURINDER SINGH .....Appellant Vs. STATE (UNION TERRITORY OF CHANDIGARH) .....Respondent D.D 26/11/2021

Criminal Law – Attempt to Murder – Appellant, a police official, used his service pistol in an inebriated condition – Conviction under Section 307 IPC upheld as the intent to kill was evident from the appellant’s actions – Sentence reduced to the period already undergone [Paras 1-27, 36]. Arms Act – Misuse of Licensed Weapon – Conviction under Section 2...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2373 OF 2010 Docid 2021 LEJ Crim SC 65

(4) STATE OF HARYANA .....Appellant Vs. HARNAM SINGH (DEAD) THR. LRS. AND OTHERS .....Respondents D.D 25/11/2021

Succession Law – Execution of Unprivileged Wills – High Court incorrectly formulated the question of law based on factual inquiry, contrary to Section 100 CPC – Both the Trial Court and the First Appellate Court had found the will not proved in terms of Section 63 of the Indian Succession Act – High Court's detailed factual inquiry was impermissible [Paras 1-8]. Evid...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6825 OF 2008 Docid 2021 LEJ Civil SC 61

(5) 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

(6) 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

(7) 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

(8) 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

(9) 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