State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge

(1) REPUBLIC OF ITALY THROUGH AMBASSADOR AND OTHERS .....Appellant Vs. UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 18/01/2013

International Law – Jurisdiction – Exclusive Economic Zone (EEZ) – Incident of firing by Italian marines on Indian fishing vessel St. Antony, resulting in death of two Indian fishermen – Occurred 20.5 nautical miles off Kerala coast, within India's EEZ – Kerala police registered FIR, arrested marines – Italy claimed sovereign immunity, exclusive jurisdiction [Paras 1-15].Criminal ...

REPORTABLE # WRIT PETITION (CIVIL) NO. 135 OF 2012 (Under Article 32 of the Constitution of India) Docid 2013 LEJ Civil SC 505533

(2) STATE OF BIHAR AND ANOTHER .....Appellant Vs. SUNNY PRAKASH AND OTHERS .....Respondent D.D 18/01/2013

Service Law – Implementation of Agreements – Government of Bihar's repeated assurances to implement agreements with Federation for parity in pay and benefits with government staff – Strike by Federation due to non-implementation – High Court directed Chief Secretary to ensure implementation – Supreme Court upheld High Court's direction, finding Government's commitment bind...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 516 OF 2013 (Arising out of SLP (C) No. 22617 of 2008) Docid 2013 LEJ Civil SC 835924

(3) KALLAKKURICHI TALUK RETIRED OFFICIAL ASSOCIATION TAMILNADU AND OTHERS .....Appellant Vs. STATE OF TAMILNADU AND OTHERS .....Respondent D.D 17/01/2013

Service Law – Pension Computation – Inclusion of 'Dearness Allowance' – Appellants contested the State's decision to include 'dearness allowance' as 'dearness pay' only for employees retiring on or after specific dates – Trial courts ruled in favor of including 'dearness allowance' for all retirees – Supreme Court upheld these decisions, empha...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8848-8883 OF 2012 Docid 2013 LEJ Civil SC 507490

(4) EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD. .....Appellant Vs. GARG SONS INTERNATIONAL .....Respondent D.D 17/01/2013

Insurance Law – Compliance with Policy Terms – Appellant (insurer) denied claims by respondent (insured) due to failure to declare overdue payments within stipulated period as required under Clause 8(b) of the insurance policy – NCDRC partially allowed claims – Supreme Court upheld NCDRC's decision for two claims where compliance was met – Remaining claims dismissed for non-complian...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1542-1559 OF 2004 Docid 2013 LEJ Civil SC 850928

(5) SPEAKER ORISSA LEGISLATIVE ASSEMBLY .....Appellant Vs. UTKAL KESHARI PARIDA .....Respondent D.D 17/01/2013

Constitutional Law – Defection – Powers of the Speaker – Respondent, President of State Unit of NCP, filed disqualification petitions against four NCP MLAs who defected to BJD – High Court held petitions maintainable by non-Members – Supreme Court upheld, stating any interested person can bring disqualification facts to Speaker's notice – Rules 6(1) and (2) must be read down to al...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 469 OF 2013 (Arising out of S.L.P. (C) No. 35000 of 2012) With CIVIL APPEAL NOS. 470-472 OF 2013 (Arising out of S.L.P. (C) Nos. 35023, 35024, and 35025 of 2012) Docid 2013 LEJ Civil SC 534584

(6) STATE OF RAJASTHAN .....Appellant Vs. SHOBHA RAM / SHRI RAM .....Respondent D.D 16/01/2013

Criminal Law – Murder Conviction – Appellant convicted for the murder of Trilokchand with stones, sustaining fatal injuries – Trial court’s judgment affirmed by High Court for A-1, but acquitted A-2 – Supreme Court finds the High Court erred in acquitting A-2 based on his participation in the crime by sitting on the chest of the deceased, facilitating the murder – Appeal by State of Ra...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 592 OF 2008 With CRIMINAL APPEAL NO. 593 OF 2008 Docid 2013 LEJ Crim SC 163595

(7) THE ASSISTANT COMMISSIONER OF INCOME TAX, CHENNAI .....Appellant Vs. A.R. ENTERPRISES .....Respondent D.D 14/01/2013

Tax Law – Block Assessment – Respondent's premises were searched and documents were seized indicating undisclosed income – Respondent argued that payment of advance tax implied disclosure of income – Supreme Court held payment of advance tax is based on estimated income and does not amount to disclosure of actual total income required to be filed in a return under Section 139 – Appe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2688, 3127, 3848 of 2006, 2580 of 2010, CIVIL APPEAL NO. 270 of 2013 (Arising out of SLP (C) No. 12537 of 2006) CIVIL APPEAL NO. 271 of 2013 (Arising out of SLP (C) No. 7635 of 2008) Docid 2013 LEJ Civil SC 649046

(8) I.C.D.S. LTD. .....Appellant Vs. COMMISSIONER OF INCOME TAX, MYSORE AND ANOTHER .....Respondent D.D 14/01/2013

Tax Law – Depreciation – Assessee claimed depreciation on vehicles leased out to customers – Assessing Officer disallowed claims arguing Assessee merely financed the purchase – Tribunal allowed Assessee's claim, holding it was the owner and used vehicles for business purposes – High Court reversed Tribunal's decision – Supreme Court restored Tribunal's decision, confirmi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 3282, 3286, 3287, 3288, 3289, and 3290 of 2008 Docid 2013 LEJ Civil SC 739617

(9) STATE BANK OF INDIA AND OTHERS .....Appellant Vs. NARENDRA KUMAR PANDEY .....Respondent D.D 14/01/2013

Service Law – Dismissal – Respondent dismissed from service by State Bank of India following a departmental inquiry – High Court set aside the dismissal order citing procedural lapses – Supreme Court restored dismissal order, holding that procedural requirements were followed and adequate opportunities were provided to the Respondent – High Court erred in interfering with disciplinary pr...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 263 of 2013 (Arising out of SLP (Civil) No. 34118 of 2011) Docid 2013 LEJ Civil SC 315989