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) DURGAPUR CASUAL WORKERS UNION Vs. FOOD CORPORATION OF INDIA …RESPONDENT(S) D.D 09/12/2014

Industrial Disputes - Casual Laborers Regularization – Appeal by Durgapur Casual Workers Union against High Court judgment favoring Food Corporation of India, which reversed Tribunal's award regularizing 49 workers – Tribunal had deemed continuous casualization as unfair labor practice, mandating absorption – High Court reversed based on principles from Secretary, State of Karnataka and...

REPORTABLE # Civil Appeal No. 10856 of 2014 (Arising out of SLP (C) No. 31531 of 2009) Appellant: DURGAPUR CASUAL WORKERS UNION Docid 2014 LEJ Civil SC 712718

(2) KUNWARPAL Vs. STATE OF UTTARAKHAND — Respondent D.D 09/12/2014

Criminal Law - Murder and assault due to land disputes - Accused convicted for murder following a fatal attack with traditional weapons due to ongoing litigation - Conviction based on eyewitness accounts despite initial hostile witness - Held, the lower court's judgment upheld by Supreme Court, dismissing the appeal. [Paras 2-16]Evidence - Eyewitness credibility - Despite cross-examination an...

REPORTABLE # CRIMINAL APPEAL NO. 820 OF 2010 Docid 2014 LEJ Crme SC 870530

(3) SELVARAJ Vs. STATE …RESPONDENT D.D 09/12/2014

Criminal Law - Murder of Infant – Conviction under Section 302 IPC – Accusation of appellant strangulating his infant daughter and inserting paddy seeds into her mouth – Initial conviction by trial court and affirmation by High Court dismissed by Supreme Court on grounds of unreliable and inconsistent witness testimony and unestablished cause of death – Critical medical evidence suggestive...

REPORTABLE # CRIMINAL APPEAL NO. 892 OF 2009 Docid 2014 LEJ Crme SC 556198

(4) THE SECRETARY TO GOVERNMENT Vs. NABILA — Respondent D.D 09/12/2014

Detention Order Challenge - Respondent challenges the detention order claiming no imminent bail threat, which was accepted by the High Court but contested in Supreme Court - The High Court quashed the detention based on solitary ground case involvement and absence of bail application, determining a lack of real or imminent threat of release that could jeopardize state security - Supreme Court disa...

REPORTABLE # CRIMINAL APPEAL NO. 2545 OF 2014 (Arising out of SLP (Criminal) No. 4199 of 2013) Docid 2014 LEJ Crme SC 328825

(5) RAKESH MEHTA Vs. PUNJAB AND SIND BANK …RESPONDENT D.D 09/12/2014

Bank Employment - Seniority Dispute - Appellants, originally from MMGS-II, moved horizontally to the Specialist Cadre as Electronic Data Processors in 1997 - Promotees from JMGS-I, who entered MMGS-II in 1997, claimed superior seniority over the appellants, despite appellants' earlier date of MMGS-II appointment in 1996 - Seniority, under Regulation 18 of the 1982 Regulations, is determined b...

REPORTABLE # CIVIL APPEAL NOS. 10908 AND 10909 OF 2014 Docid 2014 LEJ Civil SC 105882

(6) DISTRICT MAGISTRATE Vs. HARISH MALHOTRA — Respondent D.D 09/12/2014

Interpretation of Legislation – Cable operator running private channels deemed not within the purview of "Exhibition by means of Video" as defined in U.P. Cinemas (Regulation) Act, 1955, under which he was charged a significant license fee – Supreme Court holds that the provisions of the U.P. Cinemas (Regulation of Exhibition by means of Video) Rules, 1988 are inapplicable to the Res...

REPORTABLE # CIVIL APPEAL NO. 10855 OF 2014 (Arising out of SLP (C) No. 1417 of 2011) Docid 2014 LEJ Civil SC 859166

(7) UMA SHANKAR GAUTAM Vs. STATE OF MADHYA PRADESH …RESPONDENT(S) D.D 09/12/2014

Criminal Law - Murder and Assault – Conviction upheld by the Supreme Court for appellant (accused No. 1), despite the acquittal of co-accused on similar charges – Trial and High Court convictions based on ocular testimonies and forensic evidence – Examination of injuries and weapons consistent with the charges, particularly, the use of lathis resulting in compound fractures – Credibility o...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1451 OF 2009 Docid 2014 LEJ Crme SC 190899

(8) UNION OF INDIA (UOI) Vs. S.D. BHANGALE — Respondent and others D.D 09/12/2014

Issue and Background – Data Entry Operators, previously appointed under various designations within Electronic Data Processing, sought reclassification and pay scale upgrades based on the recommendations of the Fourth Central Pay Commission and subsequent organizational restructure by Government of India Office Memorandums in 1989 and rules framed under the Constitution - The contention centered...

REPORTABLE # CIVIL APPEAL NOS. 10862 OF 2014 (ARISING OUT OF SLP (C) NO. 26977 OF 2010), 10863-10864 OF 2014 (ARISING OUT OF SLP (C) NOS. 28595-96 OF 2010), 10865 OF 2014 (ARISING OUT OF SLP (C) NO. 31613 OF 2011), 10866 OF 2014 (ARISING OUT OF SLP (C) NO. 3306 OF 2012), AND 10867 OF 2014 (ARISING OUT OF SLP (C) NO. 3956 OF 2013) Docid 2014 LEJ Civil SC 452165

(9) STATE OF M.P. Vs. RAM MANOHAR PANDEY …RESPONDENT(S) D.D 09/12/2014

Criminal Law - Sanction for Prosecution - Public Servant's Protection - Appeals against High Court's decision to quash prosecution orders for lack of valid sanction under the Prevention of Corruption Act, 1988, and CrPC - High Court upheld that without valid sanction, cognizance of offenses could not be taken against the respondent who was a public servant both during and post-service - ...

REPORTABLE # CRIMINAL APPEAL NO. 2547 OF 2014 (Arising out of SLP (Crl.) No. 9809/2013) and CRIMINAL APPEAL NO. 2548 OF 2014 (Arising out of SLP (Crl.) No. 9976/2013) Docid 2014 LEJ Crme SC 896316