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) THANA SINGH .....Appellant Vs. CENTRAL BUREAU OF NARCOTICS .....Respondent D.D 23/01/2013

Criminal Law – Right to Speedy Trial – Prolonged Detention – Appellant detained for over twelve years awaiting trial under NDPS Act – Supreme Court highlighted the need for expeditious trial and the fundamental right to speedy trial under Article 21 – Issued comprehensive directions to address delays in NDPS cases [Paras 1-4].Judicial Reforms – Procedural Efficiency – Directed immedi...

REPORTABLE # CRIMINAL APPEAL No. 1640 OF 2010 Docid 2013 LEJ Crim SC 748392

(2) PRASHANT BHARTI .....Appellant Vs. STATE OF NCT OF DELHI .....Respondent D.D 23/01/2013

Criminal Law – False Allegations – Complainant accused appellant of misbehaving and administering intoxicants – Subsequent charges of rape on false promise of marriage – Mobile phone records disproved complainant's presence at the alleged crime scene – No scientific evidence supporting poisoning claims – Charges found baseless [Paras 2-21].Evidentiary Standards – Mobile Phone Ca...

REPORTABLE # CRIMINAL APPEAL No. 175 of 2013 (Arising out of SLP (Criminal) No. 1800 of 2009) Docid 2013 LEJ Crim SC 930572

(3) C.P. SUBHASH .....Appellant Vs. INSPECTOR OF POLICE CHENNAI AND OTHERS .....Respondent D.D 23/01/2013

Criminal Law – Forgery and Fabrication – Complaint alleged forgery of sale deeds to claim ownership of land – High Court quashed FIR and investigation – Supreme Court held allegations sufficient to constitute offences – Emphasized need for thorough investigation to ascertain facts [Paras 3-10].Judicial Review – Section 195 CrPC – Applicability – High Court erred in applying Section...

REPORTABLE # CRIMINAL APPEAL No. 176 of 2013 (Arising out of S.L.P. (Criminal) No. 1962 of 2011) Docid 2013 LEJ Crim SC 489776

(4) MS. OSWAL AGRO MILLS LTD. .....Appellant Vs. PUNJAB STATE ELECTRICITY BOARD AND OTHERS .....Respondent D.D 23/01/2013

Electricity Law – Load Surcharge – Appellant's installation of TG Sets – Permission granted by Chief Engineer Commercial of Respondent No. 1 – Demand notice issued by Respondent for unauthorized load – High Court upheld demand – Supreme Court quashes demand, holding that TG Sets were sanctioned and thus not unauthorized [Paras 1-15].Legal Compliance – Conditional Permission – ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 662-663 OF 2013 (Arising out of S.L.P. (C) Nos. 32975-32976 of 2009) Docid 2013 LEJ Civil SC 696763

(5) RAJESH GUPTA .....Appellant Vs. STATE OF JAMMU & KASHMIR AND OTHERS .....Respondent D.D 23/01/2013

Service Law – Premature Retirement – Appellant prematurely retired based on recommendations of High Powered Review Committee – High Court upheld retirement – Supreme Court quashes retirement, finding lack of sufficient material to support allegations of misconduct and possession of disproportionate assets – Integrity and performance records of appellant found to be excellent [Paras 1-34]...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 952 OF 2013 (Arising out of S.L.P. (C) No. 14065 of 2011) Docid 2013 LEJ Civil SC 967325

(6) RAJIV THAPAR AND OTHERS .....Appellant Vs. MADAN LAL KAPOOR .....Respondent D.D 23/01/2013

Criminal Law – Unnatural Death – Appellants accused of causing death of appellant's wife by poisoning – Post-mortem, forensic reports, and inquest found death due to natural causes (cardiac issues) – High Court reversed trial court's discharge of accused – Supreme Court quashes criminal proceedings, finding no prima facie case [Paras 1-34].Judicial Review – Quashing of Crimin...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 174 OF 2013 (Arising out of S.L.P. (Criminal) No. 4883 of 2008) Docid 2013 LEJ Civil SC 628871

(7) SATYA NAND MUNJAL .....Appellant Vs. COMMISSIONER OF GIFT TAX .....Respondent D.D 22/01/2013

Taxation – Gift Tax – Revocable Transfer – Appellant executed a revocable gift of 6000 equity shares – Bonus shares issued to transferee during gift period – Assessee revoked gift, retaining original shares but not bonus shares – Reassessment for 1989-90 treated bonus shares as a gift – High Court upheld reassessment – Supreme Court quashes reassessment, remands case for considerat...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3914 AND 3915 OF 2010 Docid 2013 LEJ Civil SC 246168

(8) UNIWORTH TEXTILES LTD. .....Appellant Vs. COMMISSIONER OF CENTRAL EXCISE RAIPUR .....Respondent D.D 22/01/2013

Taxation – Customs Duty – Import of Furnace Oil – Appellant, an Export Oriented Unit (EOU), imported furnace oil for a captive power plant of a sister unit – Duty-free import under Notification No. 53/97-Cus – Show cause notice issued after six months, invoking extended period of limitation – Supreme Court quashes duty and penalty demands, finds no willful suppression or misstatement b...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6060 OF 2003 Docid 2013 LEJ Civil SC 859754

(9) UNION OF INDIA (UOI) AND OTHERS .....Appellant Vs. DEBTS RECOVERY TRIBUNAL BAR ASSOCIATION AND ANOTHER .....Respondent D.D 22/01/2013

Judicial Administration – Infrastructure for DRTs – Appellants directed to provide adequate space and facilities for DRTs in Chandigarh – Existing authorization of space increased – Measures for addressing infrastructural constraints, including acquisition or construction of suitable buildings [Paras 1-11].Judicial Review – Superintendence of Tribunals – Role of High Courts under Artic...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 617-618 OF 2013 (Arising out of S.L.P. (C) Nos. 22808-22809 of 2010) Docid 2013 LEJ Civil SC 781140