Medical Report Missing Injured's Signature, Unexplained 9-Hour FIR Delay Fatal To Prosecution Case: Allahabad High Court Acquits Attempt To Murder Convicts Fresh Notice Mandatory To Ex-Parte Defendants If Plaint Is Substantively Amended: Madhya Pradesh High Court Divorce | Initial Bickering Between Spouses During Early Marriage Does Not Constitute Cruelty: Madras High Court Sports Council Cannot Dissolve Registered Society Or Conduct Its Elections; Can Only Withdraw Recognition: Kerala High Court Incarceration Without Trial Amounts To Punishment: Himachal Pradesh HC Grants Bail To Murder Accused Denied Medical Care In Jail Compliance Is Not Protection: Kerala High Court Holds Local Authority Cannot Deny Industrial License Merely Over Unscientific Public Protests Allotment Of Seat By Bypassing Higher-Ranked Candidates In Merit List Results In Gross Injustice: Calcutta High Court Dismisses LLM Admission Plea Blacklisting Not An Automatic Consequence Of Contract Termination, Requires Specific Show-Cause Notice: Supreme Court Power Of Attorney Cannot Operate As Mode Of Succession To Religious Office Of Sajjadanashin: Supreme Court Higher-Ranking Employees Cannot Claim Parity In Punishment With Subordinates Under Article 14: Supreme Court Waqf Board Lacks Jurisdiction To Appoint 'Sajjadanashin', Civil Court Can Decide Dispute As Office Is Distinct From 'Mutawalli': Supreme Court 144 BNSS | Husband Cannot Directly Challenge Ex-Parte Maintenance Order In High Court, Must Apply For Recall: Allahabad High Court No Absolute Bar On Relying Upon Post-Notification Sale Deeds For Determining Land Acquisition Compensation: Bombay High Court 138 NI Act | Plea That Cheque Was Stolen Is An Afterthought If No Police Complaint Is Lodged: Orissa High Court Upholds Conviction Cannot Expect Claimant To Preserve Every Bill: P&H High Court Enhances Accident Compensation From Rs 95,000 To Rs 7.7 Lakhs

(1) SUPERTECH LIMITED .....Appellant Vs. EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION AND OTHERS .....Respondent D.D 04/10/2021

Modification of Judgment – Miscellaneous Application – Appellant sought modification of the order for demolition of part of Tower T-17 – Court emphasized that such applications should not bypass procedures for review – Clarifications or modifications cannot serve as a backdoor for review – Reliefs sought amount to review and therefore not maintainable [Paras 1-88]. ...

REPORTABLE # Miscellaneous Application No. 1572 of 2021 in Civil Appeal No. 5041 of 2021 Docid 2021 LEJ Civil SC 70

(2) MOHD. RAZA AND ANOTHER .....Appellant Vs. GEETA @ GEETA DEVI .....Respondent D.D 04/10/2021

Eviction on Admission – Order XII Rule 6 of CPC – High Court decreed eviction on admission based on the defendants' written statement – Defendants claimed ownership through an agreement to sell, but such agreement does not confer ownership – High Court correctly interpreted admissions regarding plaintiff’s ownership and defendant No.1's tenancy – Appeal ...

REPORTABLE # Civil Appeal No. 6098 of 2021 Docid 2021 LEJ Civil SC 50

(3) GARG BUILDERS .....Appellant Vs. BHARAT HEAVY ELECTRICALS LIMITED .....Respondent D.D 04/10/2021

Arbitration – Pendente Lite Interest – Clause barring interest in contract – Arbitrator cannot award pendente lite interest if contract explicitly bars it – Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 emphasizes parties' agreement over arbitrator’s power – High Court's rejection of pendente lite interest upheld [Paras 1-23]. Contrac...

REPORTABLE # Civil Appeal No. 6216 of 2021 (Arising out of SLP (C) No. 16320 of 2018) Docid 2021 LEJ Civil SC 75

(4) PAULMECH INFRASTRUCTURE PRIVATE LIMITED .....Appellant Vs. THE STATE OF ODISHA AND OTHERS .....Respondent D.D 04/10/2021

Lease Agreement – Termination and Payment Compliance – Dispute over non-payment within stipulated time – LOI required Rs. 9.34 crore within 30 days – Extensions granted but payment not completed within extended time – Termination of LOI upheld as justified – Amounts paid beyond deadlines ordered to be refunded – Appellant allowed to pursue civil suit for a...

REPORTABLE # Civil Appeal No. 6023 of 2021 (Arising out of SLP (Civil) No. 25409 of 2017) Docid 2021 LEJ Civil SC 47

(5) VIPAN KUMAR DHIR .....Appellant Vs. STATE OF PUNJAB AND ANOTHER .....Respondent D.D 04/10/2021

Anticipatory Bail – Dowry Death – Conduct and Gravity of Offense – High Court granted anticipatory bail to respondent accused despite her absconding for over two years – Absconding and the nature of the offense distinguished her from co-accused granted bail – High Court's decision set aside as it ignored relevant factors [Paras 2-14]. Bail Cancellation – ...

REPORTABLE # Criminal Appeal Nos. 1161-1162 of 2021 (Arising Out of SLP (Crl.) Nos. 5404-5405 of 2021) Docid 2021 LEJ Crim SC 27

(6) GAURAV KUMAR BANSAL .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 04/10/2021

COVID-19 Ex-Gratia Assistance – Guidelines and Compliance – National Disaster Management Authority (NDMA) issued guidelines recommending Rs. 50,000/- ex-gratia assistance for kin of deceased due to COVID-19 – Assistance to be provided from State Disaster Response Fund (SDRF) – District Disaster Management Authority/District Administration responsible for disbursement &ndash...

REPORTABLE # Miscellaneous Application No. 1120 of 2021 in Writ Petition (Civil) No. 539 of 2021 Docid 2021 LEJ Civil SC 63

(7) K. KARUPPURAJ .....Appellant Vs. M. GANESAN .....Respondent D.D 04/10/2021

First Appellate Court – Duty to Address All Issues – High Court failed to re-appreciate the evidence and did not comply with Order 41 Rule 31 CPC – Appellate court must frame points for determination and address all issues based on evidence – High Court's judgment set aside for non-compliance [Paras 6-7]. Willingness to Perform Contract – Specific Performance S...

REPORTABLE # Case No.: Civil Appeal Nos. 6014-6015 of 2021 Docid 2021 LEJ Civil SC 46

(8) THOTA SRIDHAR REDDY AND OTHERS .....Appellant Vs. MANDALA RAMULAMMA AND OTHERS .....Respondent D.D 01/10/2021

Occupancy Rights vs. Ownership Rights – Conflict of Acts – High Court annulled occupancy rights granted under the Inams Act in favor of ownership rights under Section 38-E of the Tenancy Act – Tenancy Act’s Section 38-E(1) overrides the Inams Act – Protected tenants become full owners with effect from the date specified in the notification, superseding occupancy right...

REPORTABLE # Civil Appeal Nos. 2506-2507 of 2021 Docid 2021 LEJ Civil SC 74

(9) KERALEEYA SAMAJAM AND ANOTHER .....Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS .....Respondent D.D 01/10/2021

Arrears of Salaries – Compliance with Pay Commission Recommendations – High Court directed the appellant to pay salaries as per 5th and 6th Pay Commissions – Appellant’s failure to comply led respondents to approach Deputy Director (Education) – Submission to restrict arrears to three years preceding the writ petition rejected – Duty of institution to comply wit...

REPORTABLE # SLP (C) Nos. 21660-21661 of 2019 Docid 2021 LEJ Civil SC 40