(1) STATE OF U.P. … Vs. NARESH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Criminal Law – Murder and Robbery Conviction – Respondents initially convicted by the Sessions Court for murder, attempted murder, and robbery – High Court acquitted respondents citing minor contradictions and lack of independent witnesses – Supreme Court reinstated conviction, emphasizing reliability of injured witnesses and rejecting the High Court's undue emphasis on minor discrepa...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 674 OF 2006 Docid 2011 LEJ Crim SC 943671

(2) GANGADHARA PALO … Vs. THE REVENUE DIVISIONAL OFFICER AND ANOTHER …RESPONDENT(S) D.D 08/03/2011

Review Petition – Delay Condonation – High Court dismissed review petition and application for condonation of 71 days delay – Supreme Court condoned the delay, stating a liberal view should be taken for such short delays – Case remanded to High Court to decide review on merits [Paras 3-4, 16].Doctrine of Merger – Maintainability of Review – Distinction between SLP dismissed with reason...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5280 OF 2006 Docid 2011 LEJ Civil SC 752069

(3) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. BHARAT SINGH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Reservation in Single Post Cadre – Legality – High Court quashed inquiry into alleged malpractices in the selection process for Principals – Supreme Court affirmed that the post of Principal in each aided/affiliated institution being a single post in the cadre is not amenable to reservation – Emphasized that reservation in single post cadres is impermissible as it amounts to 100% reservati...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2351 OF 2011 (ARISING OUT OF SLP (C) NO. 25966 OF 2008) CIVIL APPEAL NOS. 2352-2361 OF 2011 (ARISING OUT OF SLP (C) NOS. 27077, 27522-27524, 27526-27528, 27530-27531 OF 2008 AND NO. 455 OF 2009) T.P. (C) NOS. 3 AND 1136 OF 2009 AND CONTEMPT PETITION (C) NO. 32 OF 2009 IN SLP (C) NO. 25966 OF 2008 Docid 2011 LEJ Civil SC 359583

(4) STATE OF U.P. … Vs. NARESH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Criminal Law – Murder and Robbery Conviction – Respondents initially convicted by the Sessions Court for murder, attempted murder, and robbery – High Court acquitted respondents citing minor contradictions and lack of independent witnesses – Supreme Court reinstated conviction, emphasizing reliability of injured witnesses and rejecting the High Court's undue emphasis on minor discrepa...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 674 OF 2006 Docid 2011 LEJ Crim SC 139087

(5) GANGADHARA PALO … Vs. THE REVENUE DIVISIONAL OFFICER AND ANOTHER …RESPONDENT(S) D.D 08/03/2011

Review Petition – Delay Condonation – High Court dismissed review petition and application for condonation of 71 days delay – Supreme Court condoned the delay, stating a liberal view should be taken for such short delays – Case remanded to High Court to decide review on merits [Paras 3-4, 16].Doctrine of Merger – Maintainability of Review – Distinction between SLP dismissed with reason...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5280 OF 2006 Docid 2011 LEJ Civil SC 970521

(6) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. BHARAT SINGH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Reservation in Single Post Cadre – Legality – High Court quashed inquiry into alleged malpractices in the selection process for Principals – Supreme Court affirmed that the post of Principal in each aided/affiliated institution being a single post in the cadre is not amenable to reservation – Emphasized that reservation in single post cadres is impermissible as it amounts to 100% reservati...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2351 OF 2011 (ARISING OUT OF SLP (C) NO. 25966 OF 2008) CIVIL APPEAL NOS. 2352-2361 OF 2011 (ARISING OUT OF SLP (C) NOS. 27077, 27522-27524, 27526-27528, 27530-27531 OF 2008 AND NO. 455 OF 2009) T.P. (C) NOS. 3 AND 1136 OF 2009 AND CONTEMPT PETITION (C) NO. 32 OF 2009 IN SLP (C) NO. 25966 OF 2008 Docid 2011 LEJ Civil SC 843462

(7) ARUNA RAMACHANDRA SHANBAUG …PETITIONER Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENTS D.D 07/03/2011

Euthanasia – Legality – Petitioner, in a persistent vegetative state for 37 years, sought permission for euthanasia – Supreme Court deliberated on the issue of passive euthanasia and the role of the judiciary in sanctioning it – Held that passive euthanasia is permissible under exceptional circumstances with the approval of the High Court, which must act as parens patriae [Paras 1-144].Pas...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 115 OF 2009 UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA Docid 2011 LEJ Crim SC 420906

(8) DEV SHARAN AND OTHERS … Vs. STATE OF U.P. AND OTHERS …RESPONDENT(S) D.D 07/03/2011

Land Acquisition – Invocation of Emergency Provision – Appellants challenged acquisition of agricultural land for construction of district jail, claiming lack of urgency and unjustified invocation of Section 17(4) of the Land Acquisition Act – High Court upheld acquisition, dismissing writ petition – Supreme Court found no real urgency justifying dispensation of Section 5A inquiry, quashed...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2334 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 8939/10) Docid 2011 LEJ Civil SC 245975

(9) ARUNA RAMACHANDRA SHANBAUG …PETITIONER Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENTS D.D 07/03/2011

Euthanasia – Legality – Petitioner, in a persistent vegetative state for 37 years, sought permission for euthanasia – Supreme Court deliberated on the issue of passive euthanasia and the role of the judiciary in sanctioning it – Held that passive euthanasia is permissible under exceptional circumstances with the approval of the High Court, which must act as parens patriae [Paras 1-144].Pas...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 115 OF 2009 UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA Docid 2011 LEJ Crim SC 767451