Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak 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 Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

(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