Supreme Court Weekly Round-up (15th January 2023-21st January 2023)

Judgements/OrdersIs Non-Production Of Power Of Attorney Fatal To Title Suit? Supreme Court Split VerdictCase Title: Manik Majumder And Ors. v. Dipak Kumar Saha (Dead) through Lrs. And Ors| CA 2965 of 2022 | 13 Jan 2023 |Citation : 2023 LiveLaw (SC) 29Justice M.R. Shah and Justice B.V. NagarathnaThe Supreme Court passed a split verdict in a plea pertaining to the issue that when a sale deed is executed on the strength of a deed of Power Attorney, the non-production of the deed of Power of Attorney in the suit is fatal to the case of the plaintiff. Administrative Law - Decision Will Be Vitiated If Materials Are Not Disclosed To Affected Party : Supreme CourtCase Title: Deepal Ananda Patil v. State of Maharashtra And Ors | CA 88-89 of 2023 | 4 Jan 2023 Citation: 2023 LiveLaw (SC) 30Coram: Chief Justice D.Y. Chandrachud and Justice P.S. NarasimhaThe Supreme Court, recently, reiterated, that an adjudicatory body, cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it.Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance SuitCase Title: C. Haridasan Versus Anappath Parakkattu Vasudeva Kurup & Others CIVIL APPEAL NO. 4072 OF 2022Citation : 2023 LiveLaw (SC) 31Coram: Justices MR Shah and BV Nagarathna The Supreme Court delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale.Party Estopped From Questioning Amount Levied As Per Contract After Signing It : Supreme CourtCase Title: The Chief Engineer, Water Resources Department & Ors. Versus Rattan India Power Limited Through Its Director & Ors. Civil Appeal No. 8550 Of 2022 Arising Out Of SLP (C) No. 28161 Of 2016Citation : 2023 LiveLaw (SC) 32Coram: Justices S Ravindra Bhat and PS NarasimhaThe Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the amount of consideration as specified within the terms of the contract.Grant Of Remission - Presiding Judge Should Give Adequate Reasons While Giving Opinion Under Section 432(2) CrPC : Supreme CourtCase Title: Jaswant Singh & Ors. Versus The State Of Chhattisgarh & Anr. Writ Petition (Crl.) No. 323 Of 2022Citation : 2023 LiveLaw (SC) 33Coram: Justices Dinesh Maheshwari and Bela M. TrivediThe Supreme Court held that while giving opinion regarding grant of remission under Section 432(2) Cr.P.C. the Presiding Judge needs to give reasons with regard to the factors to be taken into consideration as laid down by the Supreme Court in the case of Laxman Naskar vs. Union of India.Supreme Court Directs Insurer To Pay Reinstatement Value Of Goods Damaged In Fire Instead Of Depreciated ValueCase Title: M/s Oswal Plastic Industries v. Manager, Legal Deptt N.A.I.C.O Ltd.| CA 83 of 2023 | 13 Jan 2023Citation: 2023 LiveLaw (SC) 34Coram: Justice M.R. Shah and Justice C.T. RavikumarThe Supreme Court has upheld an order of the State Consumer Disputes Redressal Commission, Punjab, which granted INR 29,17,500 to an insurer and was eventually modified by the National Consumer Disputes Redressal Commission to INR 12,60,000. The rate of interest was also modified from 9% to 7%.Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme CourtCase Title: State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy | SLP (Crl) No. 9573/2022 Citation: 2023 LiveLaw (SC) 37Coram: Justice M.R. Shah and Justice C.T. RavikumarThe Supreme Court has held that there is no bar in cancelling default bail on merits after the presentation of chargesheet. The question that arose in the case was whether default bail can be cancelled after presentation of chargesheet, when it was granted for not filing it within 90 days as per the CrPC.Sec 24(2) RFCTLARR Act - Benefit Of Lapse Not Available If Delay In Taking Possession Was Due To Pending Litigation: Supreme CourtCase Title: Govt. of NCT of Delhi Versus Sunil Jain & Ors CIVIL APPEAL NO.280 of 2023 (@ SLP (C) No. 1019 of 2023)Citation : 2023 LiveLaw (SC) 36Coram: Justices MR Shah and CT Ravi KumarThe Supreme Court has held that delay in taking possession of land because of a pending litigation does not entitle the original owner of the land the benefit of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.Difference In Pay-scale Based On Academic Qualifications Valid Even If Nature Of Work Is The Same : Supreme CourtCase Title : The Union of India & Ors. Versus Rajib Khan & Ors. CIVIL APPEAL NO. 172 of 2023 (@ Special Leave Petition (Civil) No.8083 of 2022)Citation. : 2023 LiveLaw (SC) 35Coram: Justices MR Shah and CT Ravi KumarThe Supreme Court have held that academic qualifications are a valid criteria to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or ...

Supreme Court Weekly Round-up (15th January 2023-21st January 2023)

Padmakshi Sharma

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