(1) VAIBHAVI ENTERPRISE .....Appellant Vs. NOBEL CERA COAT AND OTHERS .....Respondent D.D 21/10/2021

Contract Finalization – Procedural Impropriety – High Court permitted original writ applicant to modify its offer without giving opportunity to other applicants – Other applicants neither impleaded as parties nor given a chance to modify their offers – Procedure adopted by High Court unsustainable and contrary to law – High Court's issuance of writ of mandamus wit...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6289 OF 2021 With CIVIL APPEAL NO. 6290 OF 2021 Docid 2021 LEJ Civil SC 42

(2) KAVITHA LANKESH .....Appellant Vs. STATE OF KARNATAKA AND OTHERS .....Respondent D.D 21/10/2021

Organized Crime – Quashing of Charge Sheet – Prior Approval – High Court quashed charge sheet against accused under KCOCA – Supreme Court held High Court exceeded jurisdiction – High Court failed to consider prior sanction and cognizance by competent court – Approval under Section 24(1)(a) of KCOCA for organized crime valid – Specific role of accused not r...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. _______ OF 2021 (Arising Out of SLP (Criminal) No. _______ OF 2021) (@ Diary No. 13309 of 2021) With CRIMINAL APPEAL NO. _______ OF 2021 (Arising Out of SLP (Criminal) No. 5387 of 2021) Docid 2021 LEJ Crim SC 46

(3) PREM SHANKAR PRASAD .....Appellant Vs. THE STATE OF BIHAR AND ANOTHER .....Respondent D.D 21/10/2021

Anticipatory Bail – Absconder – Proclaimed Offender – High Court granted anticipatory bail to an accused despite proclamation under Sections 82-83 CrPC – Supreme Court held that absconders or proclaimed offenders are not entitled to anticipatory bail – High Court erred in granting anticipatory bail without considering relevant legal precedents and facts – Order ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1209 OF 2021 Docid 2021 LEJ Crim SC 57

(4) STATE OF GUJARAT AND ANOTHER .....Appellant Vs. NARAYAN @ NARAYAN SAI @ MOTA BHAGWAN ASARAM @ ASUMAL HARPALANI .....Respondent D.D 20/10/2021

Furlough Leave – Public Peace and Tranquillity – High Court directed release of respondent on furlough – Supreme Court set aside High Court's order – DGP's refusal of furlough based on prisoner's conduct and potential threat to public peace upheld – Respondent engaged in illegal activities in jail, had significant criminal influence, and a large following ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1159 OF 2021 (Arising Out of SLP (Crl.) No. 5699 of 2021) Docid 2021 LEJ Crim SC 44

(5) JASWANT SINGH .....Appellant Vs. STATE OF PUNJAB AND ANOTHER .....Respondent D.D 20/10/2021

Criminal Proceedings – Civil Dispute – Promised Jobs in Italy – High Court declined to quash proceedings under Sections 406 and 420 IPC despite civil nature of allegations – Supreme Court quashed proceedings, noting the predominantly civil flavor of the dispute and previous settlement between the complainant and main accused – Allegations revolved around money paid fo...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1233 OF 2021 (Arising out of SLP (Crl.) No. 7072 of 2021) Docid 2021 LEJ Crim SC 96

(6) NASER BIN ABU BAKR YAFAI .....Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER .....Respondent D.D 20/10/2021

NIA Act – Continuation of Investigation – Once the Central government directed the NIA to take over the investigation under Section 6(4) of the NIA Act, the ATS Nanded had a duty to continue the investigation until the NIA actually took over – The investigation by ATS Nanded and filing of the charge-sheet were valid under Section 6(7) of the NIA Act [Paras 19-23]. Jurisdiction...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1165 OF 2021 With CRIMINAL APPEAL NO. 1166 OF 2021 Docid 2021 LEJ Crim SC 87

(7) MILKHI RAM .....Appellant Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD .....Respondent D.D 08/10/2021

Industrial Disputes Act – Jurisdiction – Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act – Plaintiff’s claim based on ID Act must be adjudicated by appropriate forums under the ID Act – High Court rightly set aside lower courts’ judgments favoring the plaintiff – Decree by civil court declared ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1346 OF 2010 Docid 2021 LEJ Civil SC 80

(8) DR. YASHWANTRAO BHASKARRAO DESHMUKH .....Appellant Vs. RAGHUNATH KISAN SAINDANE .....Respondent D.D 08/10/2021

Specific Performance – Non-service of Notice – Appeal against High Court’s rejection of condonation of delay due to non-service of notice following change of address – Appellant produced documents proving address change – High Court did not conduct proper inquiry or make findings disbelieving the appellant’s explanation – High Court erred in dismissing app...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6315 OF 2021 (Arising out of SLP(C) No. 27874 of 2018) Docid 2021 LEJ Civil SC 39

(9) M/S GIMPEX PRIVATE LIMITED .....Appellant Vs. MANOJ GOEL .....Respondent D.D 08/10/2021

Negotiable Instruments Act – Section 138 – Quashing of Complaint – High Court erred in quashing proceedings under Section 138 based on pending suit challenging compromise deed – Compliance with Section 138 NI Act constitutes an offence upon dishonour of cheques – Question of liability to be determined at trial – Quashing set aside, complaints reinstated [Paras 1...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1068 OF 2021 (Arising out of SLP (Criminal) No. 6564 of 2019) With CRIMINAL APPEAL NOS. 1069-1075 OF 2021 (Arising out of SLP (Criminal) Nos. 7632-7638 of 2019) Docid 2021 LEJ Crim SC 34