Retrospective Withdrawal Of Tax Exemption Valid But No Penalty Or Interest For Past Period: Supreme Court Inclusion Of Royalty, DMF & NMET In 'Sale Value' To Compute Mining Dues Is Not Arbitrary Or Ultra Vires: Supreme Court Retracted Confession Cannot Form Foundation Of Conviction Without Strong Independent Corroboration: Supreme Court "Denial Of Legal Representation Strikes At The Root Of Fair Trial": Supreme Court Quashes Death Penalty In 1996 Samleti Blast Case, Orders De-Novo Trial Meaningful Pre-Prosecution Opportunity Notice Under FERA Is Mandatory, Cannot Be Mere Notional Compliance: Supreme Court Keeping Accused In 'Suspended Animation' Indefinitely Violates Article 21: Supreme Court Quashes 23-Year-Old FERA Complaint Over Inordinate Delay Interlocking Settlement Clauses Must Be Read Harmoniously; General Obligation To Maintain Child Cannot Rewrite Consent Decree: Supreme Court General Obligation To Maintain Cannot Be Invoked In Execution To Rewrite Concluded Settlement Terms: Supreme Court Wrong Statement" Not Always A "False Statement": Supreme Court Quashes Perjury Prosecution Over Typographical Errors In Pleadings High Court Cannot Improve Lower Court's Defective Section 340 CrPC Order In Appeal Filed By Aggrieved Party: Supreme Court Supreme Court Slams MHA's 'Apathetic Pen-Pushing' And Misinterpretation Of UPSC Advice, Grants Relief To Retired CRPF Officer Tenant Cannot Dictate Landlord's Choice Of Premises, Subjective Choice Over Alternative Accommodations Must Be Respected: Supreme Court "One Man's Trash Is Another Man's Treasure": Supreme Court Says Landlord's Choice Of Accommodation Must Be Respected, Revisional Court Can't Reappreciate Evidence Non-Recovery Of Dead Body Not Fatal To Murder Conviction If Other Evidence Proves Guilt: Supreme Court Courts Cannot Import Limitation Period Into Special Statute If Legislature Has Refrained From Prescribing One: Calcutta High Court Drawing NDPS Samples At Spot Instead Of Before Magistrate Merely A Procedural Irregularity, Does Not Vitiate Trial: Supreme Court Expert Opinion Not Sole Consideration, JJ Board Must Independently Assess All Material During Section 15 Preliminary Assessment: Supreme Court Offence Under Section 302 IPC Is A 'Heinous Offence' Under JJ Act; Life Imprisonment Implied As Minimum Punishment: Supreme Court No Demolition Of Accused's Property For Two Years Following FIR To Check 'Retributive' Action: Allahabad High Court Admission Of 'Making' A Will Not An Admission Of Its 'Genuineness': Delhi High Court Refuses Partition Decree Based On Counsel's Statement Direct Section 156(3) CrPC Application Before Exhausting Police Remedies A 'Procedural Irregularity', Not Illegal: Bombay High Court Ex-Parte Decree Obtained By Suppressing Vital Facts Is Nullity; Executing Court Can Examine Fraud Under Section 47 CPC: Andhra Pradesh High Court Revenue Authorities Cannot Cancel Long-Running Jamabandi, Only Competent Civil Court Can Decide: Jharkhand High Court Agency Terminates On Principal's Death; Power Of Attorney Holder Cannot Execute Gift Deed Without Explicit Authority: Gujarat High Court Cheque Issued As Security Towards Loan Repayment Attracts Section 138 NI Act If Debt Exists On Presentation Date: Himachal Pradesh High Court NDPS Act | Prosecution Cannot Rely Solely On Co-Accused's Statement When No Contraband Recovered From Accused: Calcutta High Court Quashes Criminal Proceedings Trial Courts Obligated To Consider Applications For Service Of Summons Via Email If High Court Circulars Are Complied With: Karnataka High Court Photographs Showing Wife Wearing Jewellery 'Cut The Root' Of Her Claim That Husband Misappropriated Gold: Kerala High Court Section 138 NI Act: Blank Cheques Obtained Under Coercion Do Not Constitute Legally Enforceable Debt: Madras High Court Cannot Presume Future Publications Will Be Defamatory: Delhi High Court Vacates Gag Order Against 'The Wire' In Former Chief Secretary's Suit Wife Cannot Claim 'Victim Card' For Cruelty Over Character Aspersions When Unchallenged Findings Show Her In Adulterous Act: MP High Court Agent Personally Liable On Cheques If Undisclosed Principal Cannot Be Sued; Plea Of Police Coercion Needs Proof: Kerala High Court Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court Contract Workers Performing Same Duties As Regular Staff Entitled To Minimum Regular Pay Scale Under CLRA Rules: Bombay High Court Power Of Review Is To Correct Mistakes, Not Substitute Views Or Act As 'Appeal In Disguise': Kerala High Court Futile Exercise Of Jurisdiction To Proceed With Contempt For Violating Ex-Parte Order Once It Is Vacated On Merits: Karnataka High Court Threat To Force Wife Into Prostitution Strikes At Core Of Human Dignity: Gujarat HC Denies Anticipatory Bail In Abetment To Suicide Case Injured Victim's Testimony Carries Built-In Guarantee Of Truthfulness, Requires No Corroboration For Conviction: Allahabad High Court Section 138 NI Act Offence Can Be Compounded At Revision Stage Under Section 147 Read With Section 320 CrPC: Punjab & Haryana High Court Suit For Declaration Involves All Co-Owners; Limitation Plea Cannot Be Decided At Interlocutory Stage Of Impleadment: Telangana High Court Mother Claiming Financial Capacity To Get Child Custody Cannot Fasten Entire Financial Burden On Father: Allahabad High Court Invalidity Of One Ground Does Not Vitiate Entire Detention Order Under PIT NDPS Act If Other Grounds Are Sustained: Andhra Pradesh High Court Silence Until Pregnancy Detection & Lack Of DNA Evidence Casts Doubt On Prosecution Case: Calcutta High Court Acquits Father In POCSO Case Mere Proof Of Proper Dispatch Sufficient: Bombay High Court Says Trade Marks Registrar Need Not Prove Actual Delivery Of Renewal Notice Casteist Remarks Inside Private Office Without Independent Witnesses Do Not Attract SC/ST Act: Delhi High Court Private Property Transfer Not Void Under Section 64 CPC If Made Before 'Effective' Execution Of Attachment Warrant: Karnataka High Court Statement Under Section 164 CrPC Is Not Substantive Evidence, Cannot Be Sole Basis For Conviction When Victim Turns Hostile: Madras High Court Second Wife Not Entitled To Family Pension, But Children From Void Marriage Can Claim Share: Kerala High Court Legal Representatives Cannot Withdraw Admissions Made By Deceased Defendant By Filing Fresh Written Statement: Madhya Pradesh High Court Police Can Search & Seize Suspected Proceeds Of Crime Even Without Warrant Under Section 185 BNSS: Orissa High Court Mere Photographs With Co-Accused Don't Establish Intent To Commit Terrorist Act: Punjab & Haryana High Court Grants Bail Under UAPA Transfer Is An Ordinary Incident Of Service, No Employee Has A Vested Right To A Specific Posting: Punjab & Haryana High Court Accused Cannot Seek Quashing Of Case Under Section 528 BNSS While Suppressing Pending Non-Bailable Warrants: Telangana High Court

(1) MITHILESH KUMAR SINGH Vs. STATE OF RAJASTHAN — Respondent D.D 11/12/2014

Constitutional Law - Fairness in Investigation - Importance of a thorough and unbiased investigation in criminal cases to uphold justice - Discussion on the necessity of an independent investigation agency, such as the CBI, in cases where local police investigation may not inspire confidence due to potential biases or improper conduct - [Paras 3, 5, 7, 13, 30].Criminal Law - Alleged Suicide Invest...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 240 OF 2011 Docid 2014 LEJ Crme SC 256820

(2) Chandana Das Vs. State of West Bengal - Respondent D.D 11/12/2014

Minority Educational Institutions - Right to Administer - Supreme Court held that Khalsa Girls High School, being a minority institution primarily serving the Punjabi speaking Sikh community, is entitled to the protections of Article 30 of the Constitution, which includes the right to administer the institution and appoint teachers - The institution's rights are not overridden by the applicat...

REPORTABLE # CIVIL APPEAL NOS. 2858 AND 2859 OF 2007 Docid 2014 LEJ Civil SC 252900

(3) PRABIN RAM PHUKAN Vs. STATE OF ASSAM — Respondent D.D 11/12/2014

Land Revenue - Procedural irregularities in auction - Dispute involves agricultural land measuring 59 Bighas 1 Katha 14 Leacha - Auction conducted for recovery of Rs. 731.70 in arrears; no bidders participated leading to State's purchase for Rs. 1 and subsequent allotment to IOC - Supreme Court finds procedural non-compliance, lack of proper notice and public participation in auction process,...

REPORTABLE # Civil Appeal Nos. 662-663 of 2008 Docid 2014 LEJ Civil SC 898437

(4) SHLOK BHARDWAJ Vs. RUNIKA BHARDWAJ — Respondent D.D 10/12/2014

Appeal to Supreme Court arises from High Court’s setting aside of magistrate’s acquittal of appellant under sections of IPC and Dowry Prohibition Act — High Court remanded for fresh trial without proper consideration of appellant's acquittal and subsequent settlement and mutual divorce of parties — Supreme Court scrutinizes the role and limitation of High Court's revisional juris...

REPORTABLE # CRIMINAL APPEAL NO. 741 OF 2009 Docid 2014 LEJ Crme SC 284189

(5) BALURAM Vs. P. CHELLATHANGAM — Respondent D.D 10/12/2014

Civil Procedure - Impleading Party - Beneficiary of trust asserting right to be added as party in specific performance suit - Initial permission granted by trial court reversed by High Court - Supreme Court reinstates trial court's decision, highlighting beneficiary's stake in trust property and potential impact on him from property sale [Paras 5-7, 13-15] - Necessary and Proper Party - ...

REPORTABLE # CIVIL APPEAL NOS. 10940-10941 OF 2014 (Arising out of SLP (C) Nos. 996-997 of 2013) Docid 2014 LEJ Civil SC 367681

(6) DISCOVERY WEL. MANGT. SER. P. LTD. Vs. PADMINI ENGINEERING P. LTD. — Respondent D.D 10/12/2014

Securities Law - Delisting of shares - Appeal against SAT's decision favoring delisting despite public shareholding falling below specified level - BSE declined delisting because combined holding with promoters did not exceed 90%, keeping public shareholding above 10% required threshold - SAT reversed BSE's decision, citing company's failure to maintain 25% public holding necessary ...

REPORTABLE # CIVIL APPEAL NO. 5027 OF 2008 Docid 2014 LEJ Civil SC 626229

(7) G.M. (Operations) S.B.I. Vs. R. PERIYASAMY — Respondent D.D 10/12/2014

Misconduct in Banking Sector – Dismissal for Currency Mismanagement – Review of departmental inquiry upholding dismissal of Respondent for cash shortage and procedural non-compliance during his tenure as Permanent Cash Officer, State Bank of India, Dharmapuri branch - Disciplinary action under Rules 41(i) and 49(h) of the SBI Service Rules - High Court's overturning of dismissal based on ...

REPORTABLE # Civil Appeal No. 10942 of 2014 (Arising out of SLP (Civil) No. 4648 of 2008) Docid 2014 LEJ Civil SC 891199

(8) AWADESH KUMAR MISHRA Vs. STATE OF SIKKIM …RESPONDENT D.D 09/12/2014

Employment Law - Advancement Grade Eligibility - Appellant, a Graduate Teacher, claimed advancement grade equivalent to the pay scale of Principal, Senior Secondary School, after not receiving any promotions for over ten years - Appellant argued eligibility based on educational qualifications and service length as per the Education Department Recruitment Rules, 1992 - Supreme Court held that altho...

REPORTABLE # CIVIL APPEAL NO. 6778 OF 2010 Docid 2014 LEJ Civil SC 247586

(9) K.K. SINGHAL Vs. STEEL STRIPS LTD. …RESPONDENT D.D 09/12/2014

Jurisdiction and criminal intent - Appeal challenging High Court's refusal to quash IPC and NI Act charges related to dishonoured cheques totalling Rs. 2,40,64,022.19 issued for steel products - initial compromise made in Chandigarh, not Faridabad, thus supporting Chandigarh's jurisdiction - Supreme Court affirms that arrangement to withdraw complaints was made in Chandigarh, supporting ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2546 OF 2014 (Arising out of SLP (Crl.) No. 6033 of 2008) Appellant: K.K. SINGHAL Docid 2014 LEJ Crme SC 187696