TRAI Issuing Directions To Enforce Regulations Is Not 'Adjudication' Of Dispute, Does Not Usurp TDSAT's Jurisdiction: Supreme Court Candidate Can Challenge Selection Process After Participating If Arbitrariness Is Writ Large Or Rules Changed Mid-Way: Supreme Court Selection Committee Cannot Superimpose Additional Cut-Off Marks Not Prescribed In Rules: Supreme Court Litigants Must Ordinarily Approach High Court First For Quashing FIRs, Article 32 Is For Exceptional Circumstances: Supreme Court Supreme Court Refuses To Club Multiple FIRs In Cyber Fraud Case, Says Similar Modus Operandi Does Not Constitute 'Same Transaction' Layman Borrowers Not Liable For Forgery If Even Bank's Legal Experts Failed To Detect Fabrication In Title Deeds: Allahabad High Court Kerala High Court Orders Travancore Devaswom Board To Digitise Sabarimala Asset Inventory, Says Current Records Resemble 'Betel Shop' Ledger Second Husband In Void Marriage Cannot Be Prosecuted For Dowry Death Under Section 80 BNS: Allahabad High Court Cohabitation Of Barely 3 Months Insufficient To Trigger Presumption Of Live-In Relationship For Maintenance: Bombay High Court SC/ST Act Case Filed By Suspended Head Constable To 'Wreck Vengeance' Against Investigating Officers Quashed: Andhra Pradesh High Court Non-Compliance With Order For Production Of Documents Under O.11 R.14 CPC Cannot Warrant Striking Off Defence: Calcutta High Court Omission To Put Dying Declaration To Accused Under Section 313 CrPC Makes It Inadmissible, But Doesn't Demolish Entire Prosecution Case: Delhi High Court Victim's Appeal Against Magistrate's Acquittal Order Lies Before Sessions Court Under Section 413 BNSS: Gujarat High Court

(1) STATE OF BIHAR AND OTHERS … Vs. ARBIND …RESPONDENT D.D 26/07/2013

Suspension and Subsistence Allowance – Employee suspended for alleged misappropriation of funds – Departmental proceedings initiated but subsistence allowance not paid – High Court set aside dismissal due to non-payment of subsistence allowance, directed fresh proceedings – Supreme Court upheld High Court’s decision, stressing payment of subsistence allowance during suspension as essenti...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6265 OF 2013 (ARISING OUT OF SLP (C) NO. 35698 OF 2011) Docid 2013 LEJ Civil SC 381789

(2) BARKU BHAVRAO BHASKAR …APPELLANT Vs. STATE OF MAHARASHTRA …RESPONDENT D.D 25/07/2013

Criminal Law – Circumstantial Evidence – Appellant convicted for kidnapping, murder, and concealment of a child’s body based on circumstantial evidence – Supreme Court upheld conviction finding chain of circumstances complete and consistent with guilt – No reasonable hypothesis of innocence [Paras 6-18].Homicidal Death – Medical Evidence – Postmortem report confirmed death due to hea...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 910 OF 2010 Docid 2013 LEJ Crim SC 929061

(3) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. PANKAJ KUMAR VISHNOI …RESPONDENT D.D 25/07/2013

Compassionate Appointment – Eligibility Criteria – Respondent failed physical test for compassionate appointment as Sub-Inspector – High Court ordered fresh test – Supreme Court ruled second test not justified as compassionate appointments are to mitigate immediate hardship, not for securing specific posts – First physical test aligned with rules ensuring minimum standards of efficiency ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 2366-2367 OF 2011 Docid 2013 LEJ Civil SC 674894

(4) UNION OF INDIA (UOI) AND OTHERS …APPELLANT(S) Vs. RAJESH KUMAR GOND …RESPONDENT D.D 25/07/2013

Equal Pay for Equal Work – Junior Hindi Translators – Respondent sought parity with translators in the Central Secretariat Official Language Service (CSOLS) – Tribunal and High Court found no functional difference – Supreme Court upheld decision based on lack of evidence showing distinction in job functions – Cited principles from Randhir Singh case affirming equal pay for equal work as ...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) No. 17419 OF 2009 Docid 2013 LEJ Civil SC 152365

(5) KANTILAL MARTAJI PANDOR … Vs. STATE OF GUJARAT AND ANOTHER …RESPONDENT(S) D.D 25/07/2013

Criminal Law – Conviction under Section 498A IPC – Appellant convicted based on the deceased's letter alleging harassment – High Court acquitted the appellant of abetment of suicide but maintained conviction under Section 498A IPC – Supreme Court found no independent evidence supporting the allegations of cruelty – Deceased’s letter not sufficient proof under Section 32(1) of the ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1567 OF 2007 Docid 2013 LEJ Crim SC 895901

(6) ANUJ KUMAR GUPTA @ SETHI GUPTA …APPELLANT Vs. STATE OF BIHAR …RESPONDENT D.D 24/07/2013

Confessional Statement – Admissibility – Appellant challenged conviction based on confessional statement to police – Supreme Court reiterated that only admissible portion relating to recovery of deceased’s body is valid – Confession leading to discovery of fact within special knowledge of accused is admissible under Section 8 and 27 of the Evidence Act [Paras 10-15].Circumstantial Eviden...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1575 OF 2009 Docid 2013 LEJ Crim SC 269192

(7) KAILASH … Vs. STATE OF M.P. …RESPONDENT D.D 24/07/2013

Rape – Conviction – Appellant convicted under Section 376(1) IPC – Based on eyewitness testimony and medical evidence confirming sexual assault – Supreme Court upheld conviction finding no merit in the appeal – Delay in recording the witness statement justified due to rural and illiterate background of witnesses [Paras 8-9].Eyewitness Testimony – Credibility – PW-5, a cousin of the d...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2260 OF 2009 Docid 2013 LEJ Crim SC 779100

(8) COMMISSIONER OF CENTRAL EXCISE, MADURAI …APPELLANT Vs. D.D 23/07/2013

Excise Duty – Assessment – Dispute on whether higher duty applies based on higher count of yarn produced – Tribunal dismissed appeal relying on earlier judgments – Supreme Court analyzed legal principles and factual findings, emphasizing the need for representative sampling to establish excise duty [Paras 3-15].Sampling and Evidence – Relevance of Test Reports – Department’s reliance...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6766 OF 2003 Docid 2013 LEJ Civil SC 289463

(9) C. KESHAVAMURTHY … Vs. H.K. ABDUL ZABBAR …RESPONDENT D.D 23/07/2013

Negotiable Instruments – Cheque Bounce – Respondent issued four cheques to the appellant which were dishonored – Appellant filed a complaint under Section 138 of the NI Act – Magistrate convicted respondent, finding no merit in defense of prior stop-payment notice as cheques were issued after the notice [Paras 4-5].Presumption of Debt – Section 139 NI Act – High Court reversed lower co...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1026 OF 2013 (ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO. 4628 OF 2009) Docid 2013 LEJ Crim SC 390967