500 Supreme Court Judgments of 2022 (Citations 101 - 200)

See Also: 500 Supreme Court Judgments of 2022 [Citations 1 to 100] Rent Control Laws - Jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws. (Para 20) Subhash Chander v. Bharat Petroleum Corporation, 2022 LiveLaw (SC) 101Workmen's Compensation Act, 1923; Section 4A - Interest shall be paid on the compensation awarded from the date of the accident and not the date of adjudication of the claim. (Para 5) Ajaya Kumar Das v. Divisional Manager, 2022 LiveLaw (SC) 102Code of Criminal Procedure, 1973; Section 439 - While granting bail, the relevant considerations are, (i) nature of seriousness of the offence; (ii) character of the evidence and 18 circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering. Centrum Financial Services v. State of NCT of Delhi, 2022 LiveLaw (SC) 103Partnership Act, 1932 - To attract the bar of Section 69(2) of the Act of 1932, the contract in question must be the one entered into by firm with the third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings; and that Section 69(2) of the Act of 1932 is not a bar to a suit filed by an unregistered firm, if the same is for enforcement of a statutory right or a common law right. (Para 15) Shiv Developers v. Aksharay Developers, 2022 LiveLaw (SC) 104Constitution of India, 1950; Article 226 - Judicial Review - Interpretation of Tender- The author of the tender document is taken to be the best person to understand and appreciate its requirements- If its interpretation is manifestly in consonance with the language of the tender document or subserving the purchase of the tender, the Court would prefer to keep restraint- The technical evaluation or comparison by the Court is impermissible. (Para 17) Agmatel India Pvt. Ltd. v. Resoursys Telecom, 2022 LiveLaw (SC) 105Code of Criminal Procedure, 1973; Section 482 - When the dispute in question is purely civil in nature, the adoption of remedy in a criminal court would amount to abuse of the process of Court. Jayahari v. State of Kerala, 2022 LiveLaw (SC) 106Criminal Trial - The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal. (Para 36) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107Constitution of India, 1950; Article 226 - Judicial Review - Contractual Matters - The scope of judicial review in such foreign funded contracts should be far much less than the ordinary Government funded contracts funded from Consolidated Fund of India. The scope of judicial review in such foreign funded contracts/projects would be restricted and minimal. In such foreign funded contracts, the only ground for judicial review ought to be on a limited aspect, i.e., the action of the executing authority does not suffer from favouritism or nepotism and based on the grounds which have been concealed from the foreign financing authority, if disclosed, would have persuaded the financing authority to cancel the contract. (Para 11) National High Speed Rail Corporation Ltd. v. Montecarlo Ltd; 2022 LiveLaw (SC) 108Constitution of India, 1950; Article 226- Judicial Review- Disciplinary Proceedings - Where the findings of the disciplinary authority are not based on evidence, or based on a consideration of irrelevant material, or ignoring relevant material, are mala fide, or where the findings are perverse or such that they could not have been rendered by any reasonable person placed in like circumstances, the remedies under Article 226 of the Constitution are available, and intervention, warranted. (Para 19) United Bank of India V. Biswanath Bhattacharjee, 2022 LiveLaw (SC) 109Code of Criminal Procedure, 1973- Section 482 - At the stage when the High Court considers a petition for quashing criminal proceedings under Section 482 of the CrPC, the allegations in the FIR must be read as they stand and it is only if on the face of the allegations that no offence, as alleged, has been made out, that the Court may be justified in exercising its jurisdiction to quash. (Para 6) Veena Mittal v State of Uttar Pradesh, 2022 LiveLaw (SC) 110Evidence Act, 1872; Section 32 - Dying Declaration - There can be a conviction solely based upon the dying declaration without corroboration - If the Court is satisfied that the dying declaration is true and voluntary it can base its conviction on it, without corroboration. State of U.P. v. Veerpal, 2022 LiveLaw (SC) 111Land Acquisition Act, 1894 - Market Value - It is not the nature of land which alone is determinative of the market...

500 Supreme Court Judgments of 2022 (Citations 101 - 200)

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