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) DHARMENDRA KIRTHAL .....Appellant Vs. STATE OF U.P. AND ANOTHER .....Respondent D.D 02/08/2013

Constitutional Law – Validity of Statute – Petition filed under Article 32 challenging the constitutional validity of provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Supreme Court upheld the constitutional validity of Section 12, stating that it does not infringe upon Articles 14, 21, and 22(4) of the Constitution [Paras 1-47].Right to Speedy Tri...

REPORTABLE # Writ Petition (Criminal) No. 100 of 2010 (Under Article 32 of the Constitution of India) Docid 2013 LEJ Crim SC 709994

(2) RAMCHANDRA .....Appellant Vs. REGIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD. .....Respondent D.D 02/08/2013

Motor Vehicles Act – Compensation – Cleaner injured in road accident – Tribunal awarded compensation under Motor Vehicles Act – High Court restricted compensation to Workmen's Compensation Act – Supreme Court held compensation under Motor Vehicles Act not limited to Workmen's Compensation Act if policy covers higher liability [Paras 1-27].Insurance Policy – Liability and Prem...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8725 OF 2012 APPELLANT(S): RAMCHANDRA .....Appellant Docid 2013 LEJ Civil SC 338969

(3) T.K. GINARAJAN .....Appellant Vs. THE COMMISSIONER OF INCOME TAX .....Respondent D.D 01/08/2013

Income Tax – Incentive Bonus – Development Officers of LIC – Incentive bonus received by Development Officers prior to April 1, 1989 – Whether forming part of salary and subject to income tax – Assistant Income Tax Officer rejected claim for deduction of 40% incentive bonus – Commissioner of Income Tax (Appeals) upheld decision – Income Tax Appellate Tribunal ruled in favor of Assess...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5216 OF 2002 APPELLANT(S): T.K. GINARAJAN .....Appellant Docid 2013 LEJ Civil SC 741029

(4) DIGAMBER AND OTHERS .....Appellants Vs. STATE OF MAHARASHTRA AND OTHERS .....Respondents D.D 01/08/2013

Land Acquisition – Market Value – Determination – Reference court awarded compensation at Rs. 5 per sq. foot based on sale instances – High Court set aside reference court’s award, reinstating Special Land Acquisition Officer’s award of Rs. 50,000 per hectare – Supreme Court held reference court correctly assessed market value considering land’s potentiality for industrial use – ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5346 OF 2013 APPELLANT(S): DIGAMBER AND OTHERS .....Appellants Docid 2013 LEJ Civil SC 841302

(5) REKHA JAIN AND ANOTHER .....Appellants Vs. NATIONAL INSURANCE COMPANY LTD. .....Respondent D.D 01/08/2013

Motor Vehicles Act – Compensation – Reduction by High Court – Tribunal awarded Rs. 1,062,000 with 6% interest for death of Dr. Grace Jain in motor accident – High Court reduced compensation to Rs. 800,000 – Supreme Court held reduction unjustified – Tribunal correctly assessed monthly income at Rs. 12,000 considering deceased's employment as Lecturer and private practice – Compe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5373-5375 OF 2013 (Arising out of SLP (C) Nos. 7407-7409 of 2012) APPELLANT(S): REKHA JAIN AND ANOTHER .....Appellants Docid 2013 LEJ Civil SC 364935

(6) REKHA JAIN .....Appellant Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS .....Respondents D.D 01/08/2013

Motor Vehicles Act – Compensation – Reduction by High Court – Tribunal awarded Rs. 2,351,726 with 6% interest for injuries sustained by Rekha Jain in a motor accident – High Court reduced compensation to Rs. 1,400,000 – Supreme Court held reduction unjustified – Tribunal correctly assessed medical expenses and other pecuniary damages – Compensation restored and enhanced under various...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5370-5372 OF 2013 (Arising out of SLP (C) Nos. 5649-51 of 2012) APPELLANT(S): REKHA JAIN .....Appellant Docid 2013 LEJ Civil SC 234288

(7) STATE BANK OF INDIA THR. GENERAL MANAGER … Vs. NATIONAL HOUSING BANK AND OTHERS …RESPONDENT(S) D.D 31/07/2013

Jurisdiction – Special Court Act – Appeals arose from orders of the Special Court dealing with disputes from a financial scandal – Supreme Court examined whether the Special Court properly assumed jurisdiction under Sections 9 and 9A of the Act – Held, the Special Court had jurisdiction to adjudicate claims involving notified persons and their transactions during the specified period [Para...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2155, 2294, AND 3647 OF 1999 Docid 2013 LEJ Civil SC 858604

(8) D.H.B.V.N.L. VIDYUT NAGAR HISAR AND OTHERS …APPELLANT(S) Vs. YASHVIR SINGH GULIA …RESPONDENT(S) D.D 30/07/2013

Departmental Inquiry – Requirement – Appellant challenged the necessity of a full-fledged departmental inquiry when a minor penalty is imposed despite initiating major penalty proceedings – Supreme Court held that the Haryana State Electricity Board Regulations allow the authority to impose a minor penalty without a full inquiry if the authority decides no major penalty is warranted after co...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6150 OF 2013 (Arising out of SLP (C) No. 5230 of 2013) Docid 2013 LEJ Civil SC 175598

(9) STATE OF M.P. … Vs. MOHAN AND OTHERS …RESPONDENT(S) D.D 30/07/2013

Criminal Law – Sentencing – Respondents convicted under Sections 294 and 307 IPC for shooting and injuring the complainants – Trial court sentenced each respondent to three years’ rigorous imprisonment and a fine – High Court reduced sentence to the period already undergone – Supreme Court held High Court’s reduction without sufficient reasoning inappropriate – Sentence already und...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1052 OF 2013 (ARISING OUT OF SLP (CRIMINAL) NO. 6131 OF 2012) Docid 2013 LEJ Crim SC 704621