Important Judgment of Supreme Court the year 2022(Part 5)

 

1) Whether DM or CMM can appoint an advocate to take possession of property as per the Sarfaesi Act?

 Whereas, applying the "functional subordination" test, we are persuaded to take the view that Sub-section (1A) of Section 14 of the 2002 Act is no impediment for the CMM/DM to engage services of an advocate (an officer of the court) -- only for taking possession of secured assets and documents relating thereto and to forward the same to the secured creditor in furtherance of the orders passed by the CMM/DM Under Section 14(1) of the 2002 Act in that regard.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1637 of 2022 

Decided On: 25.02.2022

NKGSB Cooperative Bank Limited Vs. Subir Chakravarty and Ors.

Hon'ble Judges/Coram:

A.M. Khanwilkar and C.T. Ravikumar, JJ.

Author:A.M. Khanwilkar, J.

Citation: MANU/SC/0247/2022.

https://www.lawweb.in/2022/09/whether-dm-or-cmm-can-appoint-advocate.html

2) Can the court refuse to grant an eviction decree to the landlord on the grounds of bonafide need if one landlord claims a rent increase?

 The demand of increase of rent is wholly irrelevant to determine the bonafide requirement of the premises by the appellant.

We find that even if a notice is served upon by a landlord to increase the rent, that notice has nothing to do with the bonafide requirement as the landlord is statutorily prohibited from increasing the rent in respect of the tenanted premises in terms of Section 6 of the Act. The demand of rent beyond the agreed rent is not permissible in terms of Section 6 of the Act.

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION 

CIVIL APPEAL NO. 5539-5540 OF 2022 

 SURINDER SINGH DHILLON & ORS. Vs VIMAL JINDAL

Coram: HEMANT GUPTA; J., J.B. PARDIWALA; J. 

Dated: AUGUST 22, 2022

https://www.lawweb.in/2022/08/can-court-refuse-to-grant-eviction.html

3) Whether the amended Section 10 of the Specific Relief Act is prospective or retrospective in operation?

51. Having come to the conclusion that the 2018 amendment was not a mere procedural enactment, rather it had substantive principles built into its working, this Court cannot hold that such amendments would apply retrospectively.

56. In view of the above discussion, we do not have any hesitation in holding that the 2018 amendment to the Specific Relief Act is prospective and cannot apply to those transactions that took place prior to its coming into force.

IN THE SUPREME COURT OF INDIA 

CIVIL APPEALLATE JURISDICTION 

CIVIL APPEAL NO. 5822 OF 2022  

Smt. Katta Sujatha Reddy & Anr. Vs Siddamsetty Infra Projects Pvt. Ltd. & Ors.

Coram: N.V. RAMANA; CJI., KRISHNA MURARI; J., HIMA KOHLI; J. 

Author: KRISHNA MURARI, J.

Dated: AUGUST 25, 2022

https://www.lawweb.in/2022/08/whether-amended-section-10-of-specific.html

4) Whether the court can entertain an independent counterclaim having nothing to do with the plaintiffs?

A counter claim can be set up only “against the claim of the plaintiffs”. Since there was no claim of the plaintiffs regarding Killa No. 6//8 and 23, the defendants were barred to raise any counter claim on these Killa numbers in view of Order VIII, Rule 6A of the CPC as it has nothing to do with the plaintiffs.

In the Supreme Court of India

(Before Uday U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia, JJ.)

Satyender and Others Vs Saroj and Others.

Civil Appeal No. 4833 of 2022 

Decided on August 17, 2022

Citation: 2022 SCC OnLine SC 1026

https://www.lawweb.in/2022/08/whether-court-can-entertain-independent.html

5) Whether the person availing banking services is consumer and entitled to get protection of consumer protection law?

 Consumer Protection Act, 1986; Section 2(1)(d)(ii) - Consumer complaint alleging premature encashment of Joint Fixed Deposit by bank in contravention of the terms and conditions is maintainable - A person who avails of any service from a bank will fall under the purview of the definition of a 'consumer' under the 1986 Act. As a consequence, it would be open to such a consumer to seek recourse to the remedies provided under the 1986 Act. (Para 19)

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

Civil Appeal Nos 5204-5205 of 2022 

Arun Bhatiya Vs HDFC Bank & Ors.

Coram:  DR. DHANANJAYA Y. CHANDRACHUD; J., A.S. BOPANNA; J.

Author: Dr Dhananjaya Y Chandrachud, J

Dated:  August 08, 2022

https://www.lawweb.in/2022/08/whether-person-availing-banking.html

6) Whether the court can grant a relief for which no prayer or pleading was made?

It is settled law that relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice.

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 6325-6326 OF 2015; 

MRS. AKELLA LALITHA Vs SRI KONDA HANUMANTHA RAO & ANR.

 DINESH MAHESHWARI; J., KRISHNA MURARI; J. 

Author: KRISHNA MURARI, J.

Dated: 28TH JULY, 2022 

https://www.lawweb.in/2022/08/whether-court-can-grant-relief-for.html

7) Supreme Court Guidelines for releasing accused or convict on bail- Satender Kumar Antil Vs.CBI

 IN THE SUPREME COURT OF INDIA

Miscellaneous Application No. 1849 of 2021 in Special Leave Petition (Crl.) No. 5191 of 2021 

 Satender Kumar Antil  Vs. Central Bureau of Investigation and Ors.

Hon'ble Judges/Coram:

Sanjay Kishan Kaul and M.M. Sundresh, JJ.

Author: M.M. Sundresh, J.

Decided On: 11.07.2022

Citation: MANU/SC/0851/2022

https://www.lawweb.in/2022/08/whether-accused-is-entitled-to-bail-if.html

8) How to appreciate evidence if accused has put forth a plausible version in his statement U/S 313 of CRPC?

The plausible version put forward by the accusedappellant in his Section 313 statement has not been satisfactorily responded to by the prosecution, the case against the accusedappellant cannot be sustained.

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 704 OF 2018

 JAI PRAKASH TIWARI Vs STATE OF MADHYA PRADESH

Coram: N.V. RAMANA; CJI., KRISHNA MURARI; J., HIMA KOHLI; J. 

Dated: AUGUST 04, 2022 

Author: N.V. RAMANA, CJI.

https://www.lawweb.in/2022/08/how-to-appreciate-evidence-if-accused.html

9) Whether Additional Chief Judicial Magistrate can pass order U/S 14 of SARFAESI Act?

We are in complete agreement with the view taken by the High Court that (i) the District Magistrate, Chief Metropolitan Magistrate is not a persona designata for the purposes of Section 14 of the SARFAESI Act; (ii) the expression “District Magistrate” and the “Chief Metropolitan Magistrate” as appearing in Section 14 of the SARFAESI Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate for the purposes of Section 14 of the SARFAESI Act. {Para 12}

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 175 OF 2022;

M/s R.D. Jain and Co. Vs Capital First Ltd. & Ors.

Coram:  M.R. SHAH; J., B.V. NAGARATHNA; J. 

Author: M.R. SHAH, J.

Dated:  July 27, 2022 

https://www.lawweb.in/2022/07/whether-additional-chief-judicial.html

10) Whether public prosecutor has duty to give fair idea regarding prosecution case to the trial court?

Our understanding of the provision of Section 226 of the Code of Criminal Procedure is that before the Court proceeds to frame the charge against the Accused, the Public Prosecutor owes a duty to give a fair idea to the Court as regards the case of the prosecution.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1041 of 2022

Decided On: 26.07.2022

Ghulam Hassan Beigh Vs. Mohammad Maqbool Magrey and Ors.

Hon'ble Judges/Coram:

A.M. Khanwilkar, Abhay Shreeniwas Oka and J.B. Pardiwala, JJ.

Author: J.B. Pardiwala, J.

Citation: MANU/SC/0920/2022.

https://www.lawweb.in/2022/07/whether-public-prosecutor-has-duty-to.html

11) Whether the court can discharge accused based on cause of death mentioned in Post mortem report of deceased victim?

30. The prosecution should have been given opportunity to prove all the relevant facts including the post mortem report through the medical officer concerned by leading oral evidence and thereby seek the opinion of the expert. It was too early on the part of the trial court as well as the High Court to arrive at the conclusion that since no serious injuries were noted in the post mortem report, the death of the deceased on account of "cardio respiratory failure" cannot be said to be having any nexus with the incident in question.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1041 of 2022

Decided On: 26.07.2022

Ghulam Hassan Beigh Vs. Mohammad Maqbool Magrey and Ors.

Hon'ble Judges/Coram:

A.M. Khanwilkar, Abhay Shreeniwas Oka and J.B. Pardiwala, JJ.

Author: J.B. Pardiwala, J.

Citation: MANU/SC/0920/2022

https://www.lawweb.in/2022/07/whether-court-can-discharge-accused.html

12) Supreme Court: Curable Procedural defects shall not defeat the substantive rights of the party

It is a trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity. 

 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4639 OF 2022

M/S RAMNATH EXPORTS PVT. LTD Vs VINITA MEHTA & ANR

Coram: J.K. Maheshwari, J.

Dated: July 05, 2022.

https://www.lawweb.in/2022/07/curable-procedural-defects-shall-not.html

13) Can the court pass a decree on admission under O12 R 6 of CPC if there is no clear and categorical admission?

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION 

CIVIL APPEAL NO. 4545 OF 2022

 Karan Kapoor Vs Madhuri Kumar

Coram: INDIRA BANERJEE; J., J.K. MAHESHWARI, J. 

Dated: July 06, 2022 

Coram: J.K. Maheshwari, J.

https://www.lawweb.in/2022/07/can-court-pass-decree-on-admission.html

14) Can the Electricity board refuse to give electric supply to the tenant if the landlord fails to issue a no-objection certificate?

It is now well settled proposition of law that electricity is

a basic amenity of which a person cannot be deprived. Electricity

cannot be declined to a tenant on the ground of failure/refusal of

the landlord to issue no objection certificate. All that the

electricity supply authority is required to examine is whether the

applicant for electricity connection is in occupation of the

premises in question.

 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 810 OF 2022

DILIP(DEAD) Vs  SATISH & OTHERS 

Author: INDIRA BANERJEE J.

Dated: MAY 13, 2022

https://www.lawweb.in/2022/07/can-electricity-board-refuse-to-give.html

15) How to ascertain mesne profits or compensation while staying execution of eviction decree?

12. The basis of determination of the amount of mesne profit, in

our view, depends on the facts and circumstances of each case

considering place where the property is situated i.e. village or city or metropolitan city, location, nature of premises i.e. commercial or residential are and the rate of rent precedent on which premises can be let out are the guiding factor in the facts of individual case.

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 464647 OF 2022

M/s. Martin & Harris Private Limited & Anr. Vs Rajendra Mehta & Ors. 

Author: J.K. Maheshwari, J.

Dated: July 06, 2022

https://www.lawweb.in/2022/07/how-to-ascertain-mesne-profits-or.html

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