(1) UNION OF INDIA (UOI) AND OTHERS .....Appellants Vs. B.V. GOPINATH / K.K. KAPILA .....Respondents D.D 05/09/2013

Disciplinary Proceedings – Approval of Charge Memo – Appellants challenged CAT and High Court decisions quashing charge sheets issued to respondents, arguing that approval for initiation of proceedings implied approval of charge memo – Supreme Court upheld CAT and High Court rulings, stating that explicit approval of charge memo by disciplinary authority (Finance Minister) is required under ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7761 OF 2013 (Arising out of SLP (C) No. 6348 of 2011) and CIVIL APPEAL NO. 7762 OF 2013 (Arising out of SLP (C) No. 25534 of 2011) APPELLANT(S): UNION OF INDIA (UOI) AND OTHERS .....Appellants Docid 2013 LEJ Civil SC 930603

(2) GANGABHAVANI .....Appellant Vs. RAYAPATI VENKAT REDDY AND OTHERS .....Respondents D.D 04/09/2013

Appeal Against Acquittal – Scope and Limitations – Appellate court interference with acquittal order limited to compelling circumstances or perverse judgments – High Court’s acquittal based on perceived contradictions and delays found erroneous by Supreme Court [Paras 6, 34].Contradictions in Medical and Ocular Evidence – Legal Proposition – Ocular evidence generally holds higher evide...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 84 and 86 OF 2011 APPELLANT(S): GANGABHAVANI .....Appellant Docid 2013 LEJ Crim SC 267517

(3) GURDIP SINGH .....Appellant Vs. STATE OF PUNJAB .....Respondent D.D 03/09/2013

Dowry Death – Conviction – Appellant, aged close to 100, challenged conviction under Sections 498A and 304B IPC – Sessions Court and High Court found appellant guilty – High Court reduced sentence under Section 304B IPC from ten to seven years [Paras 1-4].Presumption and Burden of Proof – Dowry death presumption under Section 304B IPC and Section 113B Evidence Act mandatory – Prosecuti...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1308 OF 2013 APPELLANT(S): GURDIP SINGH .....Appellant Docid 2013 LEJ Civil SC 259887

(4) UNION OF INDIA (UOI) .....Appellant Vs. NAMIT SHARMA .....Respondent D.D 03/09/2013

Review Petition – Grounds for Review – Union of India filed a review petition against the Supreme Court’s judgment mandating judicial members in Information Commissions – Contended that such a mandate was beyond the legislative intent and encroached upon legislative functions [Paras 1-8].RTI Act Interpretation – Judicial Mandate Overreach – Original judgment interpreted Sections 12(5) ...

REPORTABLE # Review Petition (C) No. 2309 of 2012 in Writ Petition (C) No. 210 of 2012 APPELLANT(S): UNION OF INDIA (UOI) .....Appellant Docid 2013 LEJ Civil SC 641542

(5) SHAHID BALWA .....Appellant Vs. UNION OF INDIA (UOI) AND OTHERS .....Respondents D.D 03/09/2013

Court Monitoring of Investigation – Justification – Supreme Court justified monitoring 2G Spectrum case investigation due to involvement of high-profile individuals and substantial public interest – Emphasized need for fair, impartial, and comprehensive investigation [Paras 1-12].Special Public Prosecutor Appointment – Court appointed Special Public Prosecutor to ensure effective prosecuti...

REPORTABLE # Writ Petition (C) Nos. 548, 550, 551, 552 of 2012 and 17 of 2013 and I.A. Nos. 59, 61, 63 and 68 in Civil Appeal No. 10660 of 2010 APPELLANT(S): SHAHID BALWA .....Appellant Docid 2013 LEJ Civil SC 497471

(6) MINU ROUT AND ANOTHER .....Appellants Vs. SATYA PRADYUMNA MOHAPATRA AND OTHERS .....Respondents D.D 02/09/2013

Motor Accident – Contributory Negligence – Appellants challenged the finding of contributory negligence on the part of the deceased and the corresponding reduction in compensation – Supreme Court found the Tribunal and High Court erred in concluding contributory negligence without rebuttal evidence from the respondents – Held that accident was due to sole negligence of the truck driver [Pa...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 7368 of 2013 (Arising out of SLP (C) No. 31402 of 2011) APPELLANT(S): MINU ROUT AND ANOTHER .....Appellants Docid 2013 LEJ Civil SC 387064

(7) PREM SINGH .....Appellant Vs. STATE OF HARYANA .....Respondent D.D 02/09/2013

Appeal Against Acquittal – Parameters of Review – Supreme Court emphasized that High Court's power to reverse acquittal is limited – Appellate court should not interfere unless the trial court’s conclusions are unreasonable or perverse – Two reasonable views on evidence should favor acquittal [Paras 5, 11].Evaluation of Evidence – Witness Credibility – High Court failed to consi...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 925 of 2009 APPELLANT(S): PREM SINGH .....Appellant Docid 2013 LEJ Crim SC 840928

(8) NOOR SABA .....Appellant Vs. ANOOP MISHRA AND ANOTHER .....Respondents D.D 02/09/2013

Contempt of Court – Non-Compliance with Orders – Petitioner filed contempt petitions alleging non-compliance with Supreme Court's directions to determine and pay arrears of family pension – Supreme Court had previously directed the Accountant General, Uttar Pradesh, to address grievances and determine the amount payable [Paras 1, 4-5].Disputed Facts – Jurisdiction Limits – Petitione...

REPORTABLE # CONTEMPT PETITION No. 3 of 2012 in CONTEMPT PETITION Nos. 6 and 7 of 2009 in WRIT PETITION (CIVIL) No. 503 of 2007 (Under Article 32 of the Constitution of India) APPELLANT(S): NOOR SABA .....Appellant Docid 2013 LEJ Civil SC 967426

(9) GOVERNMENT OF KERALA AND OTHERS .....Appellants Vs. SUDHIR KUMAR SHARMA AND OTHERS .....Respondents D.D 02/09/2013

Notice Under Section 80(1) CPC – Requirement – Respondent filed suit against State without complying with mandatory notice requirement under Section 80(1) CPC – Filed application under Section 80(2) CPC seeking exemption from notice requirement due to urgency – Trial Court and High Court presumed application under Section 80(2) granted without explicit order, rejected appellants’ applica...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 7364 of 2013 (Arising out of SLP (C) No. 10956 of 2005) APPELLANT(S): GOVERNMENT OF KERALA AND OTHERS .....Appellants Docid 2013 LEJ Civil SC 500893