Victim Has Locus To Request Court To Summon Witnesses Under Section 311 CrPC In State Prosecution: Allahabad High Court Order 2 Rule 2 CPC Cannot Be Ground to Reject a Plaint: Supreme Court Draws Crucial Distinction Between Bar to Sue and Bar by Law No Right to Lawyer Before Advisory Board in Preventive Detention — Unless Government Appears Through Legal Practitioner: Supreme Court Wife's Dowry Statement Cannot Be Used to Prosecute Her for 'Giving' Dowry: Supreme Court Upholds Section 7(3) Shield Husband's Loan Repayments Cannot Reduce Wife's Maintenance: Supreme Court Raises Amount to ₹25,000 From ₹15,000 Prisoners Don't Surrender Their Rights at the Prison Gate: Supreme Court Issues Binding SOP to End Delays in Legal Aid Appeals A Judgment Must Be a Self-Contained Document Even When Defendant Never Appears: Supreme Court on Ex Parte Decrees Court Cannot Dismiss Ex Parte Suit on Unpleaded, Unframed Issue: Supreme Court Sets Aside Specific Performance Decree Denied on Title Erroneous High Court Observations Cannot Be Used to Stake Property Claims: Supreme Court Steps In to Prevent Misuse of Judicial Observations No Criminal Proceedings Would Have Been Initiated Had Financial Settlement Succeeded: Supreme Court Grants Anticipatory Bail In Rape Case Directors Cannot Escape Pollution Law Prosecution by Claiming Ignorance: Allahabad High Court Refuses to Quash Summons Against Company Directors Order 7 Rule 11 CPC | Court Cannot Peek Into Defence While Rejecting Plaint: Delhi High Court Death 3½ Months After Accident Doesn't Break Causal Link If Doctors Testify Injuries Could Cause Death: Andhra Pradesh High Court LLB Intern Posed as Supreme Court Advocate, Used Fake Bar Council Card and Police Station Seals to Defraud Victims of Rs. 80 Lakhs: Gujarat High Court Rejects Anticipatory Bail Husband Who Travels to Wife's City on Leave, Cohabits With Her, Then Claims She 'Never Lived With Him' Cannot Prove Cruelty: Jharkhand High Court Liquor Licence Is a State Privilege, Not a Citizen's Right — No Vested Right of Renewal Survives a Change in Rules: Karnataka High Court Sets Aside Stay on E-Auction Policy Court Holiday Cannot Save Prosecution From Default Bail: MP High Court No Search At Your Premises, No Incriminating Document, No Case: Rajasthan HC Quashes Rs. 18 Crore Tax Assessment Under Section 153C Limitation Act | Litigant Cannot Be Punished For Court's Own Docket Load: J&K High Court

(1) TELESTAR TRAVELS PVT. LTD. AND OTHERS .....Appellant Vs. SPECIAL DIRECTOR OF ENFORCEMENT .....Respondent D.D 13/02/2013

FERA Violations – Procedural Fairness – Appeals question whether the adjudication order passed after a significant delay without rehearing the parties satisfies the requirement of affording a fair hearing – Examines the impact of delayed pronouncement on procedural fairness and the right to a fair hearing [Paras 1-7].Voluntary Nature of Statements – Retraction and Admissibility – Conside...

REPORTABLE # Civil Appeal Nos. 1306-1309 of 2013 (Arising out of S.L.P. (C) Nos. 15546-15549 of 2008) Docid 2013 LEJ Civil SC 411064

(2) LIFE CONVICT BENGAL @ KHOKA @ PRASANTA SEN .....Appellant Vs. B.K. SRIVASTAVA AND OTHERS .....Respondent D.D 13/02/2013

Remission and Release – Interpretation of Life Imprisonment – Appeal involves the petitioner's claim for release after serving over 20 years, including remission – Court examines whether life imprisonment can be equated to a term of 20 years under the applicable laws and precedents [Paras 1-11].Legal Framework – Constitution and Criminal Procedure – Reviews relevant provisions under...

REPORTABLE # Contempt Petition (C) No. 363 of 2011 in Writ Petition (Criminal) No. 279 of 2004 (Under Article 32 of the Constitution of India) Docid 2013 LEJ Civil SC 980860

(3) SURESH KUMAR BHIKAMCHAND JAIN .....Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER .....Respondent D.D 13/02/2013

Remand and Bail – Section 167(2) CrPC – Appeal examines whether the petitioner is entitled to statutory bail when the charge-sheet is filed within the statutory period but cognizance is delayed due to the absence of prosecution sanction – Discusses the statutory interpretation of remand and the conditions under which an accused can claim bail [Paras 1-19].Indefeasible Right to Bail – Filin...

REPORTABLE # Special Leave Petition (Criminal) No. 147 of 2013 Docid 2013 LEJ Civil SC 118316

(4) AWANI KUMAR UPADHYAY .....Appellant Vs. THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD AND OTHERS .....Respondent D.D 13/02/2013

Criminal Procedure – Adverse Remarks – Appellant, a judicial officer, challenged the adverse remarks and strictures passed against him by the High Court – High Court had forwarded its judgment to the Chief Justice for consideration of disciplinary proceedings – Supreme Court noted that adverse remarks cannot be made without giving an opportunity to the concerned officer to explain their co...

REPORTABLE # Civil Appeal No. 1340-1341 of 2013 (Arising out of S.L.P. (C) No's. 18859-18860 of 2012) Docid 2013 LEJ Civil SC 543383

(5) VIJOY KUMAR PANDEY .....Appellant Vs. ARVIND KUMAR RAI AND OTHERS .....Respondent D.D 13/02/2013

Administrative Law – Preparation and Publication of Panel – Appellant challenged the appointment of the Respondent as Headmaster based on an alleged selection panel – Supreme Court noted that no panel was prepared or published as required under the West Bengal School Service Commission Regulations – Held that preparation and publication of a panel is essential for transparency and probity ...

REPORTABLE # Civil Appeal No. 1310 of 2013 (Arising out of S.L.P. (C) No. 28824 of 2011) Docid 2013 LEJ Civil SC 407447

(6) VIJOY KUMAR PANDEY .....Appellant Vs. ARVIND KUMAR RAI AND OTHERS .....Respondent D.D 13/02/2013

Administrative Law – Preparation and Publication of Panel – Appellant challenged the appointment of the Respondent as Headmaster based on an alleged selection panel – Supreme Court noted that no panel was prepared or published as required under the West Bengal School Service Commission Regulations – Held that preparation and publication of a panel is essential for transparency and probity ...

REPORTABLE # Civil Appeal No. 1310 of 2013 (Arising out of S.L.P. (C) No. 28824 of 2011) Docid 2013 LEJ Civil SC 531295

(7) THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION .....Appellant Vs. SUBHASH SINDHI COOPERATIVE HOUSING SOCIETY JAIPUR AND OTHERS .....Respondent D.D 12/02/2013

Land Acquisition – Challenge to Acquisition Proceedings – Appeals challenging the land acquisition by RIICO for industrial development – Respondent society sought release of land claiming discrimination as other similar lands were released – Supreme Court held that the Respondent society's purchase post-Section 4 notification was void – Agreement to sell did not create any title –...

REPORTABLE # Civil Appeal Nos. 7254 of 2003 and 853 of 2013 Docid 2013 LEJ Civil SC 736866

(8) THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION AND ANOTHER .....Appellant Vs. DIAMOND AND GEM DEVELOPMENT CORPORATION LTD. AND ANOTHER .....Respondent D.D 12/02/2013

Land Acquisition – Cancellation of Allotment – Appellant-RIICO canceled the allotment of land to Respondent due to non-completion of the project within the stipulated time – Supreme Court held that the cancellation was justified as the Respondent failed to complete construction and start production within five years – The lease deed was executed on an "as-is-where-is" basis, plac...

REPORTABLE # Civil Appeal Nos. 7252-7253 and 8222-8223 of 2003 Docid 2013 LEJ Civil SC 601930

(9) NASIB KAUR AND OTHERS .....Appellant Vs. COL. SURAT SINGH (DECEASED) THROUGH L.RS. AND OTHERS .....Respondent D.D 12/02/2013

Civil Procedure – Substantial Question of Law – High Court's jurisdiction under Section 100 CPC is confined to substantial questions of law – Supreme Court emphasized that the High Court must point out material evidence ignored by the lower courts which would lead to an opposite conclusion – High Court erred in re-evaluating evidence and reversing findings without identifying substant...

REPORTABLE # Civil Appeal No. 1276 of 2013 (Arising out of SLP (C) No. 29198 of 2010) Docid 2013 LEJ Civil SC 557596