(1) STATE OF U.P. AND OTHERS .....Appellant Vs. RESPONDENT(S): ASHOK KUMAR NIGAM .....Respondent D.D 13/12/2012

Right to Renewal – District Government Counsel – The respondent’s renewal of term was refused without considering recommendations from the District Judge and District Magistrate – Supreme Court emphasized that government actions must not be arbitrary and must adhere to the procedural requirements outlined in the Legal Remembrancer's Manual – The rule allowing termination “without ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9029 OF 2012 (Arising out of SLP (Civil) No. 35279 of 2009) With CIVIL APPEAL NO. 9030 OF 2012 (Arising out of SLP (C) No. 24562 of 2010) With CIVIL APPEAL NO. 9031 OF 2012 (Arising out of SLP (C) No. 24563 of 2010) With CIVIL APPEAL NO. 9032 OF 2012 (Arising out of SLP (C) No. 24564 of 2010) With CIVIL APPEAL NO. 9033 OF 2012 (Arising out of SLP (C) No. 35561 of 2010) With CIVIL APPEAL NO. 9034 OF 2012 (Arising out of SLP (C) No. 35562 of 2010) With CIVIL APPEAL NO. 9035 OF 2012 (Arising out of SLP (C) No. 35569 of 2010) With CIVIL APPEAL NO. 9036 OF 2012 (Arising out of SLP (C) No. 35568 of 2010) With CIVIL APPEAL NO. 9037 OF 2012 (Arising out of SLP (C) No. 35567 of 2010) With CIVIL APPEAL NO. 9038 OF 2012 (Arising out of SLP (C) No. 35566 of 2010) With CIVIL APPEAL NO. 9039 OF 2012 (Arising out of SLP (C) No. 35565 of 2010) With CIVIL APPEAL NO. 9040 OF 2012 (Arising out of SLP (C) No. 9156 of 2011) With CIVIL APPEAL NO. 9041 OF 2012 (Arising out of SLP (C) No. 13788 of 2011) With CIVIL APPEAL NO. 9042 OF 2012 (Arising out of SLP (C) No. 20917 of 2011) With CIVIL APPEAL NO. 9043 OF 2012 (Arising out of SLP (C) No. 20918 of 2011) With CIVIL APPEAL NO. 9044 OF 2012 (Arising out of SLP (C) No. 11261 of 2010) With CIVIL APPEAL NO. 9045 OF 2012 (Arising out of SLP (C) No. 12993 of 2010) With CIVIL APPEAL NO. 9046 OF 2012 (Arising out of SLP (C) No. 18407 of 2011) Docid 2012 LEJ Civil SC 166234

(2) THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF MAHARASHTRA .....Appellant Vs. RESPONDENT(S): S.C. MALTE AND OTHERS .....Respondent D.D 13/12/2012

Medical Facilities – Retired High Court Judges – Appeals against the High Court's direction to frame rules providing medical facilities for retired judges similar to those available to sitting judges – Supreme Court held that the High Court lacked jurisdiction to direct the state to frame specific rules – The power to grant medical facilities to retired judges is vested in the state g...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 9020-9021 OF 2012 (Arising out of SLP (C) No's. 15739-15740 of 2008) Docid 2012 LEJ Civil SC 726117

(3) BIHAR PUBLIC SERVICE COMMISSION .....Appellant Vs. RESPONDENT(S): SAIYED HUSSAIN ABBAS RIZWI AND ANOTHER .....Respondent D.D 13/12/2012

Right to Information Act, 2005 – Disclosure of Interviewers’ Details – Respondent sought details including names and addresses of interviewers – BPSC refused citing Section 8(1)(g) and 8(1)(j) exemptions – Supreme Court held that disclosure could endanger the lives and physical safety of the interviewers – Emphasized the importance of maintaining confidentiality to protect examiners fr...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9052 OF 2012 (Arising out of SLP (C) No. 20217 of 2011) Docid 2012 LEJ Civil SC 820076

(4) PRIYA GUPTA AND ANOTHER .....Appellant Vs. RESPONDENT(S): ADDITIONAL SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS .....Respondent D.D 13/12/2012

Contempt of Courts Act, 1971 – Wilful Disobedience – Contempt proceedings initiated due to non-compliance with court orders regarding the admission process to medical colleges – Supreme Court emphasized that contempt proceedings ensure compliance with court orders and adherence to the rule of law – Directions issued by the court are binding and must be obeyed strictly by all concerned part...

REPORTABLE # SUO MOTU CONTEMPT PETITION No's. 195-196 of 2012 In CIVIL APPEAL No's. 4318 and 4319 of 2012 Docid 2012 LEJ Civil SC 109542

(5) HARADHAN DAS .....Appellant Vs. RESPONDENT(S): STATE OF WEST BENGAL .....Respondent D.D 13/12/2012

Indian Penal Code, 1860 – Sections 302/149 – Common Object and Murder – The appellant was convicted for murder under Sections 302/149 IPC for his role in a dacoity leading to the death of Barindra Nath Mukherjee – The Supreme Court emphasized that the principle of constructive liability under Section 149 IPC is applicable and upheld the conviction based on the identification by eyewitnesse...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 148 of 2007 Docid 2012 LEJ Crim SC 748205

(6) KASHMIR KAUR AND ANOTHER .....Appellant Vs. RESPONDENT(S): STATE OF PUNJAB .....Respondent D.D 12/12/2012

Indian Penal Code, 1860 – Sections 304B and 498A – Dowry Death and Cruelty – The appellants were convicted under Sections 304B and 498A IPC based on the evidence of harassment and demand for dowry leading to the death of the deceased within seven years of marriage – Supreme Court upheld the conviction, emphasizing the presumption under Section 113B of the Evidence Act and the evidence of h...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 915-916 of 2008 Docid 2012 LEJ Crim SC 899537

(7) DR. MOHAMMAD KHALIL CHISTI .....Appellant Vs. RESPONDENT(S): STATE OF RAJASTHAN AND OTHERS .....Respondent APPELLANT(S): YASIR CHISTI AND ANOTHER .....Appellant VERSUS RESPONDENT(S): STATE OF RAJASTHAN .....Respondent D.D 12/12/2012

Indian Penal Code, 1860 – Sections 302/34 – Conviction for Murder – The appellants, including a foreign national, were convicted under Sections 302/34 IPC – The Supreme Court found discrepancies in the prosecution's version and held that the genesis of the incident was not established – Non-explanation of injuries sustained by the accused at the time of the occurrence raised doubts ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 634 and 635 of 2012 Docid 2012 LEJ Crim SC 741451

(8) DEOKI PANJHIYARA .....Appellant Vs. RESPONDENT(S): SHASHI BHUSHAN NARAYAN AZAD AND ANOTHER .....Respondent D.D 12/12/2012

Protection of Women from Domestic Violence Act, 2005 – Section 12 – Maintenance – The appellant sought maintenance under the Domestic Violence Act, which was initially granted by the trial court but later set aside by the High Court on the grounds that her marriage was void due to a prior marriage – Supreme Court held that the existence of the first marriage needs to be proved in a compete...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 2032-2033 of 2012 (Arising out of SLP (Criminal) NOs. 8076-8077 of 2010) Docid 2012 LEJ Crim SC 530867

(9) AJAY MAKEN .....Appellant Vs. RESPONDENT(S): ADESH KUMAR GUPTA AND ANOTHER .....Respondent D.D 11/12/2012

Representation of the People Act, 1951 – Non-compliance with Section 81(3) – Dismissal of Election Petition – The appellant challenged the dismissal of his election petition on the grounds of non-compliance with Section 81(3) – Supreme Court emphasized that non-compliance with mandatory provisions requires dismissal under Section 86 – Held that the election petition must strictly comply ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8919 of 2012 (Arising out of Special Leave Petition (C) No. 24716 of 2011) Docid 2012 LEJ Civil SC 596617