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) REPUBLIC OF ITALY AND OTHERS .....Appellant Vs. UNION OF INDIA (UOI) AND OTHERS .....Respondents D.D 26/04/2013

Maritime Jurisdiction – IPC Sections 302, 307 – Kerala State had no jurisdiction to investigate the incident – Union of India has exclusive jurisdiction – Special Court to be constituted for trial under Maritime Zones Act, IPC, CrPC, and UNCLOS 1982 – Proceedings before Kerala Chief Judicial Magistrate transferred to Special Court [Paras 1-2].National Investigation Agency – Investigati...

REPORTABLE # Writ Petition (Civil) No. 135 of 2012 Docid 2013 LEJ Civil SC 858318

(2) N. NARAYANAN .....Appellant Vs. ADJUDICATING OFFICER SEBI .....Respondent D.D 26/04/2013

Securities Market – Prohibition and Penalty – SEBI Act Sections 15HA and 15Z – SEBI Regulations 2003, Regulations 3 and 4 – Appellant, a Director of Pyramid Saimira Theatre Limited, held responsible for company’s false financial statements – Director’s duty to ensure true and fair financial disclosures – SEBI's restraint on the appellant and penalty of Rs. 50 lakhs upheld – ...

REPORTABLE # Civil Appeal Nos. 4112-4113 of 2013 (D. No. 201 of 2013) Docid 2013 LEJ Civil SC 126989

(3) ASSOCIATION OF MANAGEMENT OF PRIVATE COLLEGES Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND OTHERS D.D 25/04/2013

Technical Education – Approval by AICTE: The Supreme Court held that affiliated colleges are not required to seek AICTE approval for running MBA and MCA courses, emphasizing the autonomy of universities as envisaged by the AICTE Act. The Court stated that AICTE's role is advisory and not supervisory over universities [Paras 8-10].Regulation of Technical Education: The Court observed that th...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1145 OF 2004 Docid 2013 LEJ Civil SC 821599

(4) PREM KAUR Vs. STATE OF PUNJAB AND OTHERS D.D 25/04/2013

Reasoned Judgments – Criminal Conviction: The Supreme Court emphasized that judgments in criminal cases must comply with the requirements of Section 354 CrPC, including a clear reference to points for determination, decisions thereon, and reasons for the decisions. Judgments must show proper application of the mind and evaluation of all evidence on record [Paras 18, 21].Judicial Sensitivity – ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1364 OF 2008 APPELLANT(S): PREM KAUR Docid 2013 LEJ Crim SC 633854

(5) STATE OF JAMMU & KASHMIR Vs. LAKHWINDER KUMAR AND OTHERS APPELLANT(S): GHULAM MOHAMMAD SHEIKH VERSUS STATE OF JAMMU & KASHMIR AND OTHERS D.D 25/04/2013

Jurisdiction of Security Force Court – Active Duty: The Supreme Court held that the accused BSF personnel were on "active duty" as per the extended definition under Section 2(1)(a) of the BSF Act due to the Central Government's notification. Thus, the bar under Section 47 of the Act for trial by Security Force Court did not apply, and they could be tried by such a court [Paras 5-1...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 624 OF 2013 (Arising out of Special Leave Petition (Criminal) No. 5910 of 2012) With CRIMINAL APPEAL NO. 625 OF 2013 (Arising out of Special Leave Petition (Criminal) No. 5911 of 2012) APPELLANT(S): STATE OF JAMMU & KASHMIR Docid 2013 LEJ Crim SC 906437

(6) SUKHDEV SINGH Vs. UNION OF INDIA (UOI) AND OTHERS D.D 23/04/2013

Communication of ACR Entries – Natural Justice: The Supreme Court emphasized that all entries in the ACR of a public servant, whether they are poor, fair, average, good, or very good, must be communicated to the individual within a reasonable period. This ensures transparency, allows the individual to improve their performance, and provides an opportunity to challenge unjustified entries, thereb...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5892 OF 2006 APPELLANT(S): SUKHDEV SINGH Docid 2013 LEJ Civil SC 674685

(7) UNION OF INDIA (UOI) .....Appellant Vs. SANDUR MANGANESE AND IRON ORES LTD. AND OTHERS .....Respondent D.D 23/04/2013

Review Jurisdiction – Grounds for Review – Union of India sought review of the judgment in Sandur Manganese and Iron Ores Ltd. case, citing misquotation of the Expert Committee's Report and interpretation of statutory provisions – Supreme Court partially accepted misquotation error but upheld the judgment on the substantive issues, finding no error apparent on the face of the record –...

REPORTABLE # Review Petition (C) No. 739 of 2012 in Civil Appeal No. 7944 of 2010 Docid 2013 LEJ Civil SC 430719

(8) MARIAPPAN .....Appellant Vs. STATE OF TAMIL NADU .....Respondent D.D 18/04/2013

Criminal Law – Insanity Defense – Appellant convicted of murder under Sections 302 and 449 IPC – Defense claimed appellant was suffering from Paranoid Schizophrenia and sought protection under Section 84 IPC – Supreme Court held that the burden of proving insanity at the time of the incident lies on the accused under Section 105 Evidence Act – Evidence of past treatment for mental illnes...

REPORTABLE # Criminal Appeal No. 926 of 2009 Docid 2013 LEJ Crim SC 299981

(9) RATTIRAM AND OTHERS .....Appellant Vs. STATE OF M.P. THROUGH INSPECTOR OF POLICE .....Respondent D.D 18/04/2013

Criminal Law – Common Object – Conviction under Sections 147, 148, 302 read with Section 149 IPC – Accused formed unlawful assembly with common object to assault the deceased – Evidence established specific overt acts by Chhotelal, Dhaniram, Mohan, Badri, and Govardhan – Others acquitted due to contradictory statements and lack of evidence of overt acts [Paras 11, 19].Evidence – Credib...

REPORTABLE # Criminal Appeal No. 223 of 2008 Docid 2013 LEJ Crim SC 893158