(1) SHEORAJ SINGH AHLAWAT AND OTHERS Vs. RESPONDENT: STATE OF U.P. AND ANOTHER D.D 09/11/2012

Criminal Procedure – Discharge – Section 239 CrPC – Strong suspicion regarding commission of the offence sufficient to justify framing of charges – Specific allegations against husband and parents-in-law of complainant-wife – Allegations cannot be determined at stage of framing charges but only at trial's conclusion – Appeal dismissed [Paras 17-18].Evidence – Framing of Charges ...

REPORTABLE # Criminal Appeal No. 1803 of 2012 (Arising out of S.L.P. (Criminal) No. 4649 of 2010) Docid 2012 LEJ Crim SC 263023

(2) C.K. JAFFER SHARIEF Vs. RESPONDENT: STATE (THROUGH CBI) D.D 09/11/2012

Criminal Law – Prevention of Corruption – Section 13(2) read with Sections 13(1)(d) and 19 of the Prevention of Corruption Act 1988 – Allegation against appellant for causing pecuniary loss to PSUs by deputing officials for personal assistance during medical treatment in London – Examination of whether appellant's actions constituted abuse of position for pecuniary advantage [Paras 3-...

REPORTABLE # Criminal Appeal No. 1804 of 2012 (Arising out of S.L.P. (Criminal) No. 3841 of 2012) Docid 2012 LEJ Crim SC 446874

(3) NAGARJUNA CONSTRUCTION COMPANY LTD. Vs. RESPONDENT: GOVERNMENT OF INDIA AND ANOTHER D.D 09/11/2012

Service Tax – Composition Scheme – Rule 3(3) of the 2007 Rules – Clarification on classification and payment – Circular No. 98/1/2008-ST dated 4.1.2008 upheld – Assessee who paid tax prior to 1.6.2007 not entitled to opt for Composition Scheme under amended provisions – Scheme applies only if option exercised before payment under reclassified works contract [Paras 13-29].Legal Preceden...

REPORTABLE # Civil Appeal No. 7933 of 2012 (Arising out of S.L.P. (Civil) No. 26260 of 2010) Docid 2012 LEJ Civil SC 240346

(4) EX-HAV. SATBIR SINGH Vs. RESPONDENT: THE CHIEF OF THE ARMY STAFF NEW DELHI AND ANOTHER D.D 09/11/2012

Service Law – Wrongful Discharge – Reinstatement and Terminal Benefits – Appellant wrongfully discharged and subsequently reinstated without salary and terminal benefits for intervening period – High Court set aside discharge but denied salary and terminal benefits – Supreme Court examines whether intervening period should be counted for terminal benefits despite non-entitlement to salar...

REPORTABLE # Civil Appeal Nos. 7939-7940 of 2012 (Arising out of S.L.P. (Civil) Nos. 7597-7598 of 2011) Docid 2012 LEJ Civil SC 683257

(5) SHANTIBHAI J. VAGHELA AND ANOTHER Vs. RESPONDENT: STATE OF GUJARAT AND OTHERS D.D 09/11/2012

Criminal Law – Culpable Homicide – Section 304 IPC – Requirement of positive acts beyond mere omissions, lapses, or negligence – Allegations against ashram authorities of delay in organizing search, informing police, and guarding access to river – High Court quashed FIR under Section 304 IPC due to lack of positive actions indicating culpable homicide – FIR did not disclose ingredients...

REPORTABLE # Criminal Appeal No. 1805 of 2012 (Arising out of SLP (Criminal) No. 3198 of 2011) Criminal Appeal Nos. 1806-1807 of 2012 (Arising out of SLP (Criminal) Nos. 4453-4454 of 2011) Docid 2012 LEJ Crim SC 260253

(6) 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

(7) 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

(8) 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

(9) 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