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Case Laws 2022

  • 10-02-2022 Shafiya Khan @ Shakuntala Prajapati v. State of U.P. (Supreme Court of India) (Code of Criminal Procedure 1973)
    JT 2022 (2) SC 112
  • 08-02-2022 Daniel Syiemiong v. State of Meghalaya (Meghalaya) (Code of Criminal Procedure 1973)
    2022 Cri. L.J. 1594
  • 28-01-2022 Mohd. Shakeel @ Shakeel Ahmed v. Sabia Begum (Delhi High Court) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure, 1973 – Section 125 – Scope of.  
  • 28-01-2022 Centrum Financial Services Ltd. v. State of NCT of Delhi (Supreme Court of India) (Bail)
    JT 2022 (1) SC 558 : 2022 (2) SCALE 459
  • 21-01-2022 Sunil Kumar Maity v. State Bank of India (Supreme Court of India) (Consumer Protection Act 1986)
    It is needless to say that the revisional jurisdiction of the National Commission under Section 21(b) of the said Act is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a… Read More »Case Laws 2022
  • 20-01-2022 Shenbagam v. KK Rathinavel (Supreme Court of India) (Specific Relief Act 1963)
    In the present case, three decades have passed since the agreement to sell was entered into between the parties. The price of the suit property would undoubtedly have escalated. Given the blemished conduct of the respondent-plaintiff in indicating his willingness to perform the contract, we decline in any event to grant the remedy of specific… Read More »Case Laws 2022
  • 19-01-2022 Indian Overseas Bank v. Om Prakash Lal (Supreme Court of India) (Service Law)
    Service Law – Departmental Proceedings – Requirement of Hand Writing Expert – Test of criminal proceedings cannot be applied to departmental proceedings.  
  • 18-01-2022 Atlanta Ltd. v. Union of India (Supreme Court of India) (Arbitration Act 1940)
    Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts.  
  • 18-01-2022 G.T. Girish v. Y. Subba Raju (Supreme Court of India) (Transfer of Property Act 1882)
    Transfer of Property Act, 1882 – Section 52 – Lis Pendens – A transfer which is made lis pendens is not a void document. It does create rights as between the parties to the sale. The right of the party to the suit who conveys his right by a sale is extinguished. All that Section… Read More »Case Laws 2022
  • 18-01-2022 Geeta Devi v. State of U.P. (Supreme Court of India) (Code of Criminal Procedure 1973)
    Code of Criminal Procedure, 1973 – Section 378 – How to deal with, decide and dispose of the criminal appeal against an acquittal – Principles.  
  • 17-01-2022 Seethakathi Trust Madras v. Krishnaveni (Supreme Court of India) (Specific Relief Act 1963)
    Specific Relief Act, 1963 – Section 19 (b) – Relief against parties and persons claiming under them by  subsequent title.  
  • 17-01-2022 Devas Multimedia Pvt. Ltd. v. Antrix Corporation Ltd. (Supreme Court of India) (Companies Act 2013)
    Companies Act, 2013 – Section 271 (c) – Winding up of a company on the ground of fraud -Circumstances in which company may be wound up by Tribunal.  
  • 12-01-2022 Vasudha Sethi v. Kiran V. Bhaskar (Supreme Court of India) (Family Law)
    Whether the Court while dealing with custody of minor child can compel one of the parents to move from one country to another ?  
  • 12-01-2022 Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir (Supreme Court of India) (Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act 2002)
    A writ petition against the private financial institution under Article 226 of the Constitution of India against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable.  
  • 12-01-2022 Lawyers Voice v. State of Punjab (Supreme Court of India) (Special Protection Group Act 1988)
    Special Protection Group Act, 1988 – Security Breach – What should be the remedial measures or safeguards necessary for the security of the Hon’ble Prime Minister or other Protectees ?  
  • 11-01-2022 Meera v. State by the Inspector of Police Thiruvotriyur Police Station Chennai (Supreme Court of India) (Penal Code 1860)
    When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence. If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable.  
  • 11-01-2022 Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd. (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – Ss. 34 & 37 – An award can be set aside only if the award is against the public policy of India, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or… Read More »Case Laws 2022
  • 11-01-2022 Union of India v. Shaikh Istiyaq Ahmed (Supreme Court of India) (Repatriation of Prisoners Act 2003)
    Repatriation of Prisoners Act, 2003 – Interpretation on Sections 12 and 13 (6) of the 2003 Act and Article 8 of the transfer of sentenced prisoners’ agreement entered between Indian and Mauritius.  
  • 11-01-2022 Velagacharla Jayaram Reddy v. M. Venkata Ramana (Supreme Court of India) (Housing)
    Housing – If in fact a plot was earmarked in the layout plan as a parking area, it is the bounden duty of the authorities concerned to maintain the same as such.  
  • 11-01-2022 Manoj Kumar Khokhar v. State of Rajasthan (Supreme Court of India) (Bail)
    While elaborate reasons may not be assigned for grant of bail or an extensive discussion of the merits of the case may not be undertaken by the court considering a bail application, an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail. In such a case the prosecution… Read More »Case Laws 2022
  • 11-01-2022 M/s Garment Craft v. Prakash Chand Goel (Supreme Court of India) (Code of Civil Procedure 1908)
    Constitution of India – Article 227 – Scope of Jurisdiction – Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported.  
  • 11-01-2022 State of Madhya Pradesh v. Jogendra (Supreme Court of India) (Dowry Prohibition Act 1961)
    Dowry – Demand of money for construction of a house can be treated as a dowry demand.  
  • 11-01-2022 Samruddhi Co-operative Housing Society Ltd. v. Mumbai Mahalaxmi Construction Pvt. Ltd. (Supreme Court of India) (Consumer Protection Act 1986)
    Consumer Protection Act 1986 – Failure to obtain the occupation certificate is a deficiency in service for which the builder is liable.  
  • 11-01-2022 Punjab State Cooperative Agricultural Development Bank Ltd. v. Registrar, Cooperative Societies (Supreme Court of India) (Service Law)
    Service Law – Pension – Non-­availability of financial resources would not be a defence available to the employer in taking away the vested rights accrued to the employees that too when it is for their socio­economic security.  
  • 10-01-2022 Jayaben v. Tejas Kanubhai Zala (Supreme Court of India) (Code of Criminal Procedure 1973)
    The post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned. It is the duty of the Director of Prosecution to take prompt decision.  
  • 07-01-2022 Neil Aurelio Nunes v. Union of India (Supreme Court of India) (Reservation)
    National Eligibility cum Entrance Test (NEET) – Economically Weaker Section (EWS) – Validity of the EWS criteria as recommended by the Pandey Committee.  
  • 07-01-2022 State of Maharashtra v. Vile Parle Kelvani Mandal (Supreme Court of India) (Tax Law)
    Law on how to interpret and/or consider the statutory provisions in the taxing statute and the exemption notifications.  
  • 07-01-2022 State of Uttar Pradesh v. Atul Kumar Dwivedi (Supreme Court of India) (Public Services Commission)
    Decisions made by expert bodies, including the Public Services Commissions, should not be lightly interfered with, unless instances of arbitrary and mala fide exercise of power are made out.  
  • 07-01-2022 Jasdeep Singh @ Jassu v. State of Punjab (Supreme Court of India) (Penal Code 1860)
    We shall first go back into the history to understand Section 34 IPC as it stood at the inception and as it exists now.  
  • 07-01-2022 UHL Power Company Ltd. v. State of Himachal Pradesh (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – S. 37 – Where two views are possible, the Court cannot interfere in the plausible view taken by the arbitrator supported by reasoning.   
  • 07-01-2022 Fr. P. George Ponnaiah v. Inspector of Police (Madras High Court) (Penal Code 1860)
    Penal Code, 1860 – Ss. 153A, 295A & 505 (2) – Petitioner is an ordained Catholic diocesan priest – The entire speech was video recorded and widely circulated in the social media – He mocked the Minister for Hindu Religious and Charitable Endowments Department – petitioner mocks that bhumadevi is dangerous, you could catch scabies… Read More »Case Laws 2022
  • 06-01-2022 Union of India v. Alapan Bandyopadhyay (Supreme Court of India) (Administrative Tribunals Act 1985)
    The power of judicial review of an order transferring an Original Application pending before a Bench of the Tribunal to another Bench under Section 25 of the Act can be judicially reviewed only by a Division Bench of the High Court within whose territorial jurisdiction the Bench passing the same, falls.  
  • 05-01-2022 Kshetrimayum Maheshkumar Singh v. Manipur University (Supreme Court of India) (Reservation)
    After amendment of the Reservation Act, the University had to follow the reservation norms of 2% for SC candidates, 31% for ST candidates and 17% for OBC candidates which is in consonance with the second proviso to Section 3 of the Reservation Act inserted by virtue of the Amendment Act.  
  • 05-01-2022 Prabha Shukla v. State of U.P. (Allahabad High Court) (Land Acquisition Act)
    Once a project of public importance, which is good in larger public interest, is being executed and has been completed about 45%, setting aside of acquisition in a petition filed by one of the land owners owning a small portion of the land, will not be in larger public interest.  
  • 05-01-2022 State of U.P. through Secretary (Excise) v. M/s Mcdowell and Company Limited (Supreme Court of India) (Fire Incident)
    Fire Incident – Demand of excise duty on the liquor destroyed – Whether the demand in question is authorised by law ? – Whether the company remains liable to pay excise duty on the liquor lost in fire – Control of Department over the distillery and godown – Act of God – Inevitable Accident –… Read More »Case Laws 2022
  • 05-01-2022 Bhadar Ram v. Jassa Ram (Supreme Court of India) (Land Law)
    Whether the land transaction in favour of the appellant ­ original defendant was illegal and in violation of Section 42 of the Rajasthan Tenancy Act, 1955 and Section 13 of the Rajasthan Colonization Act, 1954 being a person belonging to Scheduled Caste of State of Punjab ?  
  • 05-01-2022 Devarajan Raman v. Bank of India Ltd. (Supreme Court of India) (Insolvency and Bankruptcy Code 2016)
    Insolvency and Bankruptcy Code 2016 – Ss. 7 & 60 (5) (c) – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Reg. 34 – Resolution professional costs.  
  • 04-01-2022 Ellora Paper Mills Limited v. State of Madhya Pradesh (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – Ss. 14 r/w. 11 & 15 – Neutrality of Arbitrators.  
  • 04-01-2022 Shobhabai Narayan Shinde v. Divisional Commissioner, Nashik (Supreme Court of India) (Election Law)
    Election Law – Village Panchayats Act, 1959 (Maharashtra) – Ss. 10 A (2), 14 B (1), 16 (2) – Disqualification by State Election Commission – Disability from continuing as member – Divisional Commissioner had no jurisdiction to entertain the appeal against the order of the Collector under Section 14B(1).  
  • 04-01-2022 Rajasthan Marudhara Gramin Bank (RMGB) v. Ramesh Chandra Meena (Supreme Court of India) (Service Law)
    Not permitting the delinquent officer to be represented through ex-­employee of the Bank in the departmental enquiry cannot be said to be in any way in breach of principles of natural justice and / or it violates any of the rights of the delinquent officer.  
  • 04-01-2022 M/s Durga Welding Works v. Chief Engineer Railway Electrification (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – Once an application under Section 11(6) of the Act has been filed for appointment of an Arbitrator before the High Court, the respondents forfeited their right to appoint an Arbitrator and the High Court alone holds jurisdiction to appoint an Arbitrator in exercise of power under Section 11(6) of… Read More »Case Laws 2022
  • 04-01-2022 Sandoz Pvt. Ltd. v. Union of India (Supreme Court of India) (Central Excise Act 1944)
    Central Excise Act, 1944 – Section 5A –  Foreign Trade Policy (FTP) – Power to grant exemption from duty of excise – Terminal Excise Duty (TED) – Refund of.  
  • 03-01-2022 Small Industries Development Bank of India v. M/s SIBCO Investment Pvt. Ltd. (Supreme Court of India) (Banking Law)
    Reserve Bank of India Act, 1934 – Banking Regulation Act, 1949 – S. 35 A – Companies Act, 1956 – Ss. 441, 531 – Fraudulent Preference – Power of the Reserve Bank to give directions – Commencement of winding up by tribunal.  
  • 03-01-2022 I-Pay Clearing Services Private Limited v. ICICI Bank Limited (Supreme Court of India) (Arbitration and Conciliation Act 1996)
    Arbitration and Conciliation Act, 1996 – Section 34 (4) of the Act, can be resorted to record reasons on the finding already given in the award or to fill up the gaps in the reasoning of the award.  
  • 03-01-2022 Kerala State Beverages Manufacturing & Marketing Corporation Ltd. v. The Assistant Commissioner of Income Tax Circle 1 (1) (Supreme Court of India) (Tax Law)
    Income ­Tax Act, 1961 – Ss. 143 (3), 40 – Surcharge on Taxes Act, 1957 (Kerala) – S. 3 (1) – General Sales Tax Act, 1963 (Kerala) – S. 5 (1) (b) – Assessment of Income – Amounts not deductible – Levy of surcharge on sales and purchase taxes.  
  • 03-01-2022 Maharashtra State Road Transport Corporation v. Dilip Uttam Jayabhay (Supreme Court of India) (Labour Law)
    Whether in the facts and circumstances of the case the punishment of dismissal can be said to be an unfair labour practice on the ground that the same was disproportionate to the misconduct proved and therefore the Industrial Court was justified in interfering with the order of dismissal and ordering reinstatement with continuity of service… Read More »Case Laws 2022
  • 03-01-2022 State of Andhra Pradesh v. S. Pitchi Reddy (Supreme Court of India) (Tax Law)
    Constitution of India – Article 226 – Fresh Assessment.