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) AARUSHI DHASMANA .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 10/04/2013

Medical Law – Conjoined Twins – Petition addressing medical care and potential separation of craniopagus twins (CTs) – Examination by AIIMS medical team ordered – Investigation risks noted – Parents opposed to surgery preferring financial assistance for care – Supreme Court emphasizes duty to protect minors' rights and inherent value of life [Paras 1-6, 9-12].Right to Life – Art...

REPORTABLE # WRIT PETITION (CIVIL) NO. 232 OF 2012 (Under Article 32 of the Constitution of India) APPELLANT(S): AARUSHI DHASMANA .....Appellant Docid 2013 LEJ Civil SC 565518

(2) S. KESARI HANUMAN GOUD .....Appellant Vs. ANJUM JEHAN AND OTHERS .....Respondent D.D 10/04/2013

Civil Procedure – Power of Attorney – Deposition – Power of attorney holder cannot depose in place of the principal – Permitted to act within the scope of the power of attorney but cannot testify on matters requiring personal knowledge of the principal – High Court erred in accepting evidence from power of attorney holder [Paras 13].Agreement to Sell – Readiness and Willingness – App...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2885-2887 OF 2005 With CIVIL APPEAL NOS. 2888 and 4459 OF 2005 Docid 2013 LEJ Civil SC 456133

(3) V.K. SURENDRA .....Appellant Vs. V.K. THIMMAIAH AND OTHERS .....Respondent D.D 10/04/2013

Civil Procedure – Partition and Separate Possession – Appeal against High Court’s judgment declaring the shares of parties in suit properties – High Court set aside trial court’s finding that suit properties were self-acquired – Decreed properties as joint family properties and determined shares accordingly – Supreme Court upholds High Court’s findings and share apportionment [Para...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1499 OF 2004 Docid 2013 LEJ Civil SC 282307

(4) SWAROOP SINGH .....Appellant Vs. STATE OF M.P. .....Respondent D.D 10/04/2013

Criminal Law – Rape and Criminal Intimidation – Appellant convicted under Sections 376(1) and 506 Part II IPC – Prosecutrix's testimony consistent and corroborated by medical evidence – No evidence provided by appellant to counter allegations – Supreme Court upholds conviction and sentence imposed by trial court and affirmed by High Court [Paras 1-18].Prosecutrix’s Testimony – R...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 376 OF 2010 Docid 2013 LEJ Crim SC 687748

(5) STATE OF KERALA .....Appellant Vs. ABDUL ALI and GLEN LEVEN ESTATE LIMITED .....Respondents D.D 10/04/2013

Forest Law – Classification of Private Forest – The main issue is whether land not classified as private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971, can be regulated under the Kerala Preservation of Trees Act, 1986 – High Court ruled against the State’s notification under Section 5 of the Preservation of Trees Act, as the land did not qualify as private fore...

REPORTABLE # Special Leave Petition (Civil) No. 13802 of 2006 With Special Leave Petition (Civil) No. 1380 of 2007 APPELLANT(S): STATE OF KERALA .....Appellant Docid 2013 LEJ Civil SC 122836

(6) MANOJ H. MISHRA .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondents D.D 09/04/2013

Public Sector Employment – Disproportionate Punishment – Appellant, a tradesman at the Kakarapar Atomic Power Project, was removed from service for unauthorized communication with the press and criticizing project management – Supreme Court examined whether the punishment was disproportionate to the misconduct – The appellant admitted to charges, pleaded for leniency, and claimed to be act...

REPORTABLE # Civil Appeal No. 2969 of 2013 (Arising out of SLP (C) No. 9126 of 2010) APPELLANT(S): MANOJ H. MISHRA .....Appellant Docid 2013 LEJ Civil SC 595985

(7) RUSHI GUMAN SINGH .....Appellant Vs. STATE OF ORISSA AND OTHERS .....Respondents D.D 09/04/2013

Civil Service Law – Deemed Suspension – Appellant, a Soil Conservation Officer, was placed under suspension in 1998 during a disciplinary proceeding – Suspension was revoked in 1999, but appellant was removed from service in 2003 – High Court quashed the removal order in 2008 for breach of natural justice – Government placed appellant under deemed suspension from the original date of rem...

REPORTABLE # Civil Appeal No. 2968 of 2013 (Arising out of SLP (C) No. 34394 of 2011) APPELLANT(S): RUSHI GUMAN SINGH .....Appellant Docid 2013 LEJ Civil SC 829546

(8) RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANOTHER .....Appellant Vs. SATYA PRAKASH .....Respondent D.D 09/04/2013

Labour Law – Reinstatement and Procedural Compliance – Appellant, Rajasthan State Road Transport Corporation, terminated respondent (bus conductor) for misconduct without seeking prior approval under Section 33(2)(b) of the Industrial Disputes Act – Tribunal found misconduct proven but ordered reinstatement due to procedural non-compliance – Supreme Court held that once misconduct is prove...

REPORTABLE # Civil Appeal No. 4560 of 2008 APPELLANT(S): RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANOTHER .....Appellant Docid 2013 LEJ Civil SC 773596

(9) SARVA U.P. GRAMIN BANK AND OTHERS .....Appellant Vs. MANOJ KUMAR CHAK AND OTHERS .....Respondents D.D 09/04/2013

Promotion in Public Employment – Criteria and Exclusions – Central Government issued rules for promotion in Regional Rural Banks based on seniority-cum-merit – Bank circulars excluded employees with 'D' rating in annual performance reports or penalized for misconduct from promotion – Supreme Court upheld High Court’s quashing of circulars, ruling they supplant statutory rules b...

REPORTABLE # Civil Appeal Nos. 2970-2975 of 2013 (Arising out of SLP (C) Nos. 9181-9186 of 2011) and Civil Appeal Nos. 2989-2992 of 2013 (Arising out of SLP (C) Nos. 9306-9309 of 2011) APPELLANT(S): SARVA U.P. GRAMIN BANK AND OTHERS .....Appellant Docid 2013 LEJ Civil SC 171559