Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction When Death Is Caused by an Unforeseeable Forest Fire, Criminal Prosecution Cannot Be Sustained Without Proof of Rashness, Negligence, or Knowledge: Supreme Court Proof of Accident Alone is Not Enough – Claimants Must Prove Involvement of Offending Vehicle Under Section 166 MV Act: Supreme Court Dismisses Appeal for Compensation in Fatal Road Accident Case Income Tax | Search Means Search, Not ‘Other Person’: Section 153C Collapses When the Assessee Himself Is Searched: Karnataka High Court Draws a Clear Red Line

(1) K. SURESH Vs. RESPONDENT(S): NEW INDIA ASSURANCE COMPANY LTD. AND ANOTHER D.D 19/10/2012

Compensation for Personal Injuries – Just Compensation - While assessing damages, speculative considerations must be excluded, though some guesswork is inevitable - Courts must compensate not only for physical injuries but also for the loss of the ability to lead a full life, enjoy normal amenities, and earn as before - Compensation enhanced to Rs. 1,348,000 with 7.5% interest [Paras 2-10, 27-32...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7603 OF 2012 (Arising out of SLP (C) No. 3487 of 2011) Docid 2012 LEJ Civil SC 407101

(2) SATISH BATRA Vs. RESPONDENT(S): SUDHIR RAWAL D.D 18/10/2012

Forfeiture of Earnest Money – Legal Principles - Forfeiture of earnest money is justified if the terms of the contract are clear and explicit - Earnest money is a security for due performance and is forfeited if the purchaser defaults - Part payment of purchase price cannot be forfeited unless intended as earnest money [Paras 17-18].Contractual Terms – Binding Nature - The contract must stipul...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7588 OF 2012 (Arising out of SLP (Civil) No. 4605 of 2012) Docid 2012 LEJ Civil SC 625641

(3) RATNAGIRI GAS AND POWER PVT. LTD. Vs. RESPONDENT(S): RDS PROJECTS LTD. AND OTHERS D.D 18/10/2012

Withdrawal of Petition – Bar on Second Petition - A second petition filed seeking relief against the petitioner's exclusion from a fresh tender notice is not maintainable if the first petition was withdrawn without liberty to file afresh - The Court should be cautious in drawing conclusions about mala fides unless sufficiently supported by evidence [Paras 22-26].Tender Process – Eligibili...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7593 OF 2012 (Arising out of S.L.P. (C) No. 3571 of 2012) CIVIL APPEAL NO. 7594 OF 2012 (Arising out of S.L.P. (C) No. 5554 of 2012) CIVIL APPEAL NO. 7595 OF 2012 (Arising out of S.L.P. (C) No. 6180 of 2012) Docid 2012 LEJ Civil SC 236907

(4) ASHOK Vs. RESPONDENT(S): RAJENDRA BHAUSAHEB MULAK D.D 18/10/2012

Improper Reception of Votes – Material Facts and Particulars - Election petitions must plead material facts showing how the improper reception of votes materially affected the election result. Absence of allegations specifying that disputed votes were cast in favor of the winning candidate renders the petitions deficient, failing to disclose a cause of action [Paras 6-7, 22-26].Non-Compliance wi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7591 OF 2012 (Arising out of SLP (C) No. 28143 of 2010) CIVIL APPEAL NO. 7592 OF 2012 (Arising out of SLP (C) No. 28333 of 2010) Docid 2012 LEJ Civil SC 901704

(5) KISHORE SAMRITE Vs. RESPONDENT(S): STATE OF U.P. AND OTHERS D.D 18/10/2012

Frivolous Litigation – Public Interest - Courts must carefully examine petitions to ensure genuine public interest is involved and avoid pollution of justice by unscrupulous litigants - The appeal arises from the dismissal of a habeas corpus petition filed with frivolous allegations against Shri Rahul Gandhi and awarding costs for vexatious litigation [Paras 2-4, 10].Procedural Irregularities â€...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1406 OF 2012 Docid 2012 LEJ Civil SC 432240

(6) SATBIR @ LAKHA Vs. RESPONDENT(S): STATE OF HARYANA D.D 18/10/2012

Conviction and Sentence – Common Intention - The conviction of the appellant under Sections 307, 323, and 324 read with Section 34 IPC was upheld based on the evidence showing the appellant's involvement in a group attack with a premeditated intention to cause severe harm to the complainant party [Paras 1-16].Aggressor Determination – Evidence Analysis - The trial court's detailed an...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1718 OF 2009 Docid 2012 LEJ Civil SC 461289

(7) SABEEHA FAIKAGE AND OTHERS Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS D.D 18/10/2012

Right to Life – Obligation of States - The Union of India cannot be held liable for the inaction or negligence of a foreign state regarding incidents involving Indian seafarers on foreign-flagged vessels - The onus of conducting marine casualty investigations lies with the flag state or the coastal state within whose territorial waters the casualty has occurred [Paras 12-14].Procedural Complianc...

REPORTABLE # WRIT PETITION (CIVIL) NO. 505 OF 2006 (Under Article 32 of the Constitution of India) Docid 2012 LEJ Civil SC 447685

(8) DEVINDER @ KALA RAM AND OTHERS Vs. RESPONDENT(S): THE STATE OF HARYANA D.D 18/10/2012

Dowry Death – Conviction Based on Presumption - For a conviction under Section 304B IPC, the prosecution must show that the woman’s death was caused by burns or injuries within seven years of marriage, and that soon before her death, she was subjected to cruelty or harassment related to dowry demands - The term "deemed" in Section 304B creates a presumption of guilt, which can be reb...

REPORTABLE # CRIMINAL APPEAL NO. 636 OF 2009 Docid 2012 LEJ Crim SC 269256

(9) SHREE SHYAM AGENCY Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS D.D 18/10/2012

Intervention in Claim Proceedings – Railway Claims Tribunal - The Railway Claims Tribunal is constituted to adjudicate claims against the railway administration, not to resolve inter se disputes between claimants and third parties - The appellant's request to intervene in the claim petition was rightly dismissed by the Tribunal and upheld by the High Court [Paras 9-19].Jurisdiction and Powe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7589 OF 2012 (Arising out of SLP (Civil) No. 33740 of 2011) Docid 2012 LEJ Civil SC 810375