(1) APPELLANT: RAM CHANDRA BHAGAT Vs. RESPONDENT: STATE OF JHARKHAND D.D 09/11/2012

Criminal Law – Section 493 IPC – Deception and False Belief of Marriage – Appellant convicted for inducing the complainant to believe she was lawfully married to him, leading to cohabitation – Examination of whether deceitful inducement and cohabitation were established beyond reasonable doubt [Paras 1-26].Deceit and Cohabitation – Legal Definitions and Interpretations – Definition of ...

REPORTABLE # Criminal Appeal No. 439 of 2006 Docid 2012 LEJ Crim SC 636222

(2) SPECIAL OFFICER COMMERCE NORTH EASTERN ELECTRICITY COMPANY OF ORISSA (NESCO) AND ANOTHER Vs. RESPONDENT: RAGHUNATH PAPER MILLS PRIVATE LIMITED AND ANOTHER D.D 09/11/2012

Electricity Dues – Liability of Auction Purchaser – Liability for outstanding electricity dues – Auction-purchaser of property not liable for arrears of electricity dues owed by previous owner – Electricity supply applied for as a fresh connection, not a transfer of existing connection – Appellant cannot demand payment of previous arrears as a condition for new electricity supply [Paras ...

REPORTABLE # Civil Appeal No. 7899 of 2012 (Arising out of SLP (C) No. 35573 of 2010) Docid 2012 LEJ Civil SC 409142

(3) VOLTAS LIMITED Vs. RESPONDENT: TEHSILDAR THANE AND OTHERS D.D 08/11/2012

Land Acquisition – Forfeiture of Land – Demand for Unearned Income – Breach of Terms – Orders of forfeiture and demand of unearned income challenged – No specific breach of terms and conditions of allotment shown – State Government allowed change of land use and development under Urban Land Ceiling Act – Impugned orders passed without notice and hearing – Violation of natural justi...

REPORTABLE # Civil Appeal Nos. 8557 and 8558 of 2003 Docid 2012 LEJ Civil SC 335836

(4) AYAAUBKHAN NOORKHAN PATHAN Vs. RESPONDENT: THE STATE OF MAHARASHTRA AND OTHERS D.D 08/11/2012

Legal Standing – Locus Standi – Only an aggrieved person can challenge actions in court – Respondent No. 5, not belonging to a reserved category, lacks standing to challenge appellant's caste certificate – High Court erred in allowing the complaint [Paras 7-22].Natural Justice – Cross-Examination – Right to cross-examine witnesses is fundamental to natural justice – Scrutiny Com...

REPORTABLE # Civil Appeal No. 7728 of 2012 Docid 2012 LEJ Civil SC 639226

(5) VIPUL SHITAL PRASAD AGARWAL Vs. RESPONDENT: STATE OF GUJARAT AND ANOTHER D.D 06/11/2012

Criminal Procedure – Default Bail – Section 167(2) CrPC – Mere undertaking of further investigation does not mean that an already filed charge-sheet gets abandoned – Fact that CBI recorded a fresh FIR does not make investigation by CBI any less of a fresh investigation – Claim for default bail not tenable when initial charge-sheet filed within stipulated period [Paras 18, 25, 26].Investi...

REPORTABLE # Criminal Miscellaneous Petition No. 11364 of 2012 Special Leave Petition (Criminal) No. 3672 of 2012 Docid 2012 LEJ Crim SC 692649

(6) ROHITASH KUMAR AND OTHERS Vs. RESPONDENT: OM PRAKASH SHARMA AND OTHERS D.D 06/11/2012

Statutory Interpretation – Proviso – Proviso cannot be interpreted in a manner that nullifies the main provision – Proviso is an exception to the main provision – Statute must be interpreted in its plain and literal sense [Paras 15-21].Seniority – Officers Training in Different Batches – Appellants and respondent officers selected through the same process but trained in different batch...

REPORTABLE # Civil Appeal Nos. 2133-2134 of 2004 Docid 2012 LEJ Civil SC 733109

(7) TARA CHAND AND OTHERS .....Appellants Vs. RESPONDENT(S): GRAM PANCHAYAT JHUPA KHURD AND OTHERS .....Respondents D.D 06/11/2012

Tenancy Law – Occupancy Rights – Punjab Tenancy Act, 1887 – Sections 5, 8, and 10 – Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 – Section 2(f) – Occupancy rights claim rejected – Appellants and their ancestors were joint owners/co-sharers in shamilat deh since before 1935-36 – Section 10 of the Tenancy Act prohibits joint-owners from claiming occupancy rights...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8845-8850 OF 2003 Docid 2012 LEJ Civil SC 942312

(8) THE STATE OF MAHARASHTRA AND OTHERS .....Appellants Vs. RESPONDENT(S): SAEED SOHAIL SHEIKH ETC. ETC. .....Respondents D.D 02/11/2012

Prisoners Act 1900 – Section 29 – Transfer of prisoners – Inspector General of Prisons cannot direct the removal of undertrial prisoners from one prison to another – Section 26 of the Prison Act, 1894 obliges prison authorities to have prisoners medically examined before transfer – No specific power vested in any authority to order removal, including the Inspector General of Prisons – ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1735-1739 OF 2012 (Arising out of S.L.P. (Criminal) Nos. 6390-6394 of 2010) Docid 2012 LEJ Crim SC 234488

(9) TUKARAM KANA JOSHI AND OTHERS THROUGH POWER OF ATTORNEY HOLDER .....Appellants Vs. RESPONDENT(S): M.I.D.C. AND OTHERS .....Respondents D.D 02/11/2012

Constitutional Law – Right to Property – Article 300A of the Constitution – Right to property considered a constitutional, statutory, and human right – Deprivation of property must occur only in accordance with the law – The state cannot take possession of land without following legal procedures – High Court erred in dismissing the appellants' claim on the grounds of delay and non...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7780 OF 2012 (Arising out of SLP (C) No. 2418 of 2012) Docid 2012 LEJ Civil SC 567570