Home » Case Laws Published in All India Reporter 2022 Supreme Court

Case Laws Published in All India Reporter 2022 Supreme Court

Penal Code, 1860 – Ss. 384, 386, 387 r/w. 34 – After investigation a charge sheet was submitted under the provisions of the IPC as well as under the Maharashtra Control of Organised Crime Act (MCOCA) – Question of quashing and setting aside the wrong order passed by the court releasing the accused on bail. State of Maharashtra v. Pankaj Jagshi Gangar, AIR 2022 SC 114 https://caselaw.in/p=433

Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Karnataka) – Section 65 – Levy of market fees. APMC Yashwanthapura v. Selva Foods, AIR 2022 SC 109 https://caselaw.in/p=404

Land Acquisition Act, 1894 – Fixation of market value in a Reference under Section 18(1) of the said Act necessarily involves some guesswork. However, the guesswork is required to be made by adopting one of the well-recognized methods, such as the comparison method or capitalization method. Soman v. Inland Waterways Authority of India, AIR 2022 SC 104 https://pdf.caselaw.in/sc/2021/12/838/

Land Acquisition – A decree obtained under Land Acquisition Act, is an executable decree and no contempt can be maintained for noncompliance of such decree. Soorajmull Nagarmull v. Brijesh Mehrotra, AIR 2022 SC 100 https://caselaw.in/p=402

Arbitration and Conciliation Act 1996 – the contractor was entitled to the loss on account of the additional expenditure incurred for maintenance of the road due to increase in the traffic because of the closure of the nearby Road and diversion of the traffic to the present road. State of Haryana v. Shiv Shankar Construction Co., AIR 2022 SC 95 https://pdf.caselaw.in/sc/2021/12/1022/

Electricity Act, 2003 – Captive consumers / captive users, who form a separate class other than the consumers defined under Section 2(15) of the Act, 2003, shall not be subjected to and/or liable to pay additional surcharge leviable under Section 42(4) of the Act, 2003. Maharashtra State Electricity Distribution Co. Ltd. v. JSW Steel Ltd., AIR 2022 SC 89 https://pdf.caselaw.in/sc/2021/12/841/

Motor Vehicles Act, 1988 – In order to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, it would be just and proper to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Act so that the appeals challenging 8 the award of a Tribunal could be filed before the Appellate Tribunal so constituted. Rasmita Biswal v. Divisional Manager, National Insurance Company Ltd., AIR 2022 SC 85 https://pdf.caselaw.in/sc/2021/12/824/

Code of Civil Procedure, 1908 – Order XXI Rules 97 & 101 – Resistance or obstruction to possession of immovable property – Question to be determined – As per Order XXI Rule 101 CPC, all questions including questions relating to right, title or interest in the property arising between the parties to a proceeding on an application under Order XXI rule 97 or rule 99 CPC and relevant to the adjudication of the application shall have to be determined by the Court dealing with the application. For that a separate suit is not required to be filed. Order XXI Rule 97 is with respect to resistance/obstruction to possession of immovable property. Bangalore Development Authority v. N. Nanjappa, AIR 2022 SC 81 https://pdf.caselaw.in/sc/2021/12/786/

Service Rules (Kerala) – Rule 25 (a), Part III – If the respondent University sought to deny the benefit of Rule 25 (a), in light of the proviso which was subsequently inserted thereby limiting the benefit of the Rule, it ought to have done so uniformly. Dr. G. Sadasivan Nair v. Cochin University of Science and Technology, AIR 2022 SC 73 https://pdf.caselaw.in/sc/2021/12/765/

Matrimonial Disputes – Making the family members of husbands as accused by making casual reference to them in matrimonial disputes – Proceedings Quashed. Mirza Iqbal @ Golu v. State of Uttar Pradesh, AIR 2022 SC 69 https://caselaw.in/p=403

Hindu Law – Joint Hindu Family Property – Right of the Karta to execute agreement to sell or sale deed – Alienation by Father – What is legal necessity. Beereddy Dasaratharami Reddy v. V. Manjunath, AIR 2022 SC 65 https://caselaw.in/p=409

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Non-Performing  Asset – One Time Settlement (OTS) Scheme. Bijnor Urban Cooperative Bank Ltd., Bijnor v. Meenal Agarwal, AIR 2022 SC 56 https://pdf.caselaw.in/sc/2021/12/884/

Narcotic Drugs and Psychotropic Substance Act, 1985 – Non-­production of contraband in the court – If seizure is otherwise proved and the samples taken from and out of contraband material were kept intact; the report of forensic expert shows potency, nature and quality of contraband material, essential ingredients constituting offence are made out and the non-­production of contraband in the Court is not fatal. Kallu Khan v. State of Rajasthan, AIR 2022 SC 50 https://pdf.caselaw.in/sc/2021/12/865/

Prevention of Corruption Act, 1988 – Allegations against the accused are very serious including hatching a criminal conspiracy in allotment of plots in the discretionary quota arbitrarily and to their own family members / relatives. There are specific allegations with respect to huge loss caused to the public exchequer, as according to the prosecution the plots were allotted at throw away prices. All these aspects are required to be considered at the stage of trial and not while considering the application u/s. 482 Cr.P.C. State of Odisha v. Pratima Mohanty, AIR 2022 SC 41 https://pdf.caselaw.in/sc/2021/12/862/

Protection of Children from Sexual Offences Act, 2012 –  Sexual Assault – Meaning. Attorney General For India v. Satish, AIR 2022 SC 13

Arbitration and Conciliation Act, 1996 – S. 34 – Contract Act, 1872 – Ss. 55 & 74 – ‘time not being the essence of the contract’, as determined by the Arbitral Tribunal, was beyond reproach. Welspun Specialty Solutions Ltd. v. Oil and Natural Gas Corporation Ltd., AIR 2022 SC 1

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