MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

(1) POPAT BAHIRU GOVARDHANE ETC. .....Appellant Vs. SPECIAL LAND ACQUISITION OFFICER AND ANOTHER .....Respondent D.D 22/08/2013

Land Acquisition – Limitation for Re-determination – Appellants' land acquired under Sections 4 and 6 in 1994-95; award made on 14.12.1995 – Appellants filed applications under Section 28A after the reference court’s award dated 3.4.2006 – Application for re-determination filed on 18.7.2006 rejected for being 4 days late – Supreme Court affirmed strict adherence to statutory limit...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6976-6980 OF 2013 Docid 2013 LEJ Civil SC 210167

(2) RAMESHWAR PRASAD GOYAL ADVOCATE Vs. IN RE D.D 22/08/2013

Contempt of Court – Misconduct by Advocate-on-Record (AOR) – Suo motu contempt proceedings initiated against AOR for failing to appear in court – AOR had filed numerous cases without taking responsibility for their conduct – Supreme Court criticized the AOR’s conduct as 'unbecoming' and highlighted the duties and responsibilities of an AOR under the Supreme Court Rules [Paras 1...

REPORTABLE # Suo Motu Contempt Petition No. 312 of 2013 in Civil Appeal No. 1398 of 2005 APPELLANT(S): RAMESHWAR PRASAD GOYAL ADVOCATE Docid 2013 LEJ Civil SC 120752

(3) GM SRI SIDDESHWARA CO-OPERATIVE BANK LTD. AND ANOTHER Vs. SRI IKBAL AND OTHERS D.D 22/08/2013

Contempt of Court – Misconduct by Advocate-on-Record (AOR) – Suo motu contempt proceedings initiated against AOR for failing to appear in court – AOR had filed numerous cases without taking responsibility for their conduct – Supreme Court criticized the AOR’s conduct as 'unbecoming' and highlighted the duties and responsibilities of an AOR under the Supreme Court Rules [Paras 1...

REPORTABLE # Civil Appeal Nos. 6989-6990 of 2013 (Arising out of SLP (C) Nos. 17704-17705 of 2012) and Civil Appeal Nos. 6991-6992 of 2013 (Arising out of SLP (C) Nos. 12106-12107 of 2012) APPELLANT(S): GM SRI SIDDESHWARA CO-OPERATIVE BANK LTD. AND ANOTHER Docid 2013 LEJ Civil SC 235732

(4) RAJA @ SASIKUMAR AND ANOTHER .....Appellant Vs. STATE THROUGH INSPECTOR OF POLICE .....Respondent D.D 22/08/2013

Criminal Law – Murder Conviction – Appellants convicted for the murder of Babu – High Court upheld conviction based on the testimony of eyewitnesses PWs 2 and 3, who were present at the scene – Supreme Court finds no reason to disbelieve the prosecution's evidence and affirms the High Court's decision [Paras 1-14].Evidence – Eyewitness Testimony – PWs 2 and 3 corroborated the...

REPORTABLE # Criminal Appeal No. 1839 of 2009 APPELLANT(S): RAJA @ SASIKUMAR AND ANOTHER .....Appellant Docid 2013 LEJ Crim SC 307585

(5) STANDARD CHARTERED BANK .....Appellant Vs. V. NOBLE KUMAR AND OTHERS .....Respondent With APPELLANT(S): SENIOR MANAGER, STATE BANK OF INDIA AND ANOTHER .....Appellant VERSUS R. SHIVA SUBRAMANIYAN AND ANOTHER .....Respondent D.D 22/08/2013

SARFAESI Act – Taking Possession of Secured Assets – Banks invoked Section 14 without first attempting possession under Section 13(4) – High Court ruled that banks must attempt possession under Section 13(4) before invoking Section 14 – Supreme Court held that banks can directly invoke Section 14 without first attempting possession under Section 13(4) if resistance is anticipated [Paras 1-...

REPORTABLE # Criminal Appeal No. 1218 of 2013 (Arising out of Special Leave Petition (Criminal) No. 2038 of 2011) and Criminal Appeal No. 1217 of 2013 (Arising out of Special Leave Petition (Criminal) No. 6560 of 2011) APPELLANT(S): STANDARD CHARTERED BANK .....Appellant Docid 2013 LEJ Crim SC 758504

(6) FIONA SHRIKHANDE .....Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER .....Respondent D.D 22/08/2013

Criminal Law – Intentional Insult – Appeal against issuance of process under Section 504 IPC – Complainant alleged that the accused intentionally insulted her, provoking her to breach the peace – Magistrate took cognizance and issued process – Supreme Court held that at the complaint stage, Magistrate needs only to be prima facie satisfied of sufficient grounds to proceed – Detailed di...

REPORTABLE # Criminal Appeal No. 1231 of 2013 (Arising out of SLP (Criminal) No. 382 of 2013) APPELLANT(S): FIONA SHRIKHANDE .....Appellant Docid 2013 LEJ Crim SC 800680

(7) YOUNG ACHIEVERS .....Appellant Vs. IMS LEARNING RESOURCES PVT. LTD. .....Respondent D.D 22/08/2013

Arbitration – Survival of Arbitration Clause – Dispute arose under previous agreements containing arbitration clause – New agreement (Exit paper) without arbitration clause superseded earlier agreements – Supreme Court held that arbitration clause does not survive when the contract containing it is superseded/novated by a later contract without such clause [Paras 6-8].Novation of Contract ...

REPORTABLE # Civil Appeal No. 6997 of 2013 (Arising out of SLP (C) No. 33459 of 2012) APPELLANT(S): YOUNG ACHIEVERS .....Appellant Docid 2013 LEJ Civil SC 390019

(8) MANJEET SINGH KHERA .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent D.D 21/08/2013

Criminal Law – Production of Original Complaint – Appellant sought production of original complaint leading to Anti-Corruption Bureau inquiry – Special Sessions Court and High Court rejected the application – Supreme Court held that the complaint triggered the inquiry but was not the basis for the charge-sheet or relied upon by the prosecution – No prejudice to accused from non-disclosur...

REPORTABLE # Special Leave Petition (Criminal) No. 5897 of 2013 APPELLANT(S): MANJEET SINGH KHERA .....Appellant Docid 2013 LEJ Crim SC 821992

(9) STATE OF UTTAR PRADESH AND OTHERS .....Appellant Vs. ASHOK KUMAR SRIVASTAVA AND ANOTHER .....Respondent D.D 21/08/2013

Service Law – Seniority – Respondent promoted to Reader and given seniority from date of promotion – Claimed retrospective seniority from date of vacancy – High Court granted relief, finding hostile discrimination as ten others were granted retrospective seniority – Supreme Court found no evidence of discrimination as respondent governed by different rules [Paras 1-7].Service Rules – A...

REPORTABLE # Civil Appeal No. 6967 of 2013 (Arising out of SLP (C) No. 31481 of 2010) APPELLANT(S): STATE OF UTTAR PRADESH AND OTHERS .....Appellant Docid 2013 LEJ Civil SC 542870