State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

(1) BEST SELLERS RETAIL (INDIA) PVT. LTD. .....Appellant Vs. RESPONDENT(S): ADITYA BIRLA NUVO LTD. AND OTHERS .....Respondent D.D 08/05/2012

Injunction – Prima Facie Case, Balance of Convenience, Irreparable Injury – Appeals challenging temporary injunction granted by trial court and affirmed by High Court in a suit for specific performance – Supreme Court set aside the injunction, finding the Respondent’s claimed damages as adequate remedy, thereby negating the necessity for an injunction [Paras 1-18].Temporary Injunction – ...

REPORTABLE # CIVIL APPEAL NO'S. 4313-4314 OF 2012 (Arising Out of SLP (C) No's. 34627-34628 of 2010) Docid 2012 LEJ Civil SC 420620

(2) UNION OF INDIA (UOI) AND OTHERS .....Appellant Vs. RESPONDENT(S): RAFIQUE SHAIKH BHIKAN AND ANOTHER .....Respondent ALSO: RAFIQUE SHEIKH BHIKAN ETC. .....Appellant VERSUS RESPONDENT(S): GOVERNMENT OF INDIA AND OTHERS .....Respondent ALSO: MOHAMMAD SHAMS RABBANI .....Appellant VERSUS RESPONDENT(S): UNION OF INDIA (UOI) AND ANOTHER .....Respondent D.D 08/05/2012

Constitutional Law – Article 14 – Equality before Law – Petitioners challenged the Government of India’s 2011 Hajj Policy which required private operators to have a minimum office area of 250 sq. ft. – High Court dismissed the challenge but gave directions for seat allocation – Supreme Court stayed the High Court’s order and later reviewed the policy – Emphasized the need for a tra...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NO'S. 28609, 33190-33217 OF 2011 AND TRANSFER PETITION (CIVIL) NO. 191 OF 2012 Docid 2012 LEJ Civil SC 978499

(3) SAHADEVAN AND ANOTHER .....Appellant Vs. RESPONDENT(S): STATE OF TAMIL NADU .....Respondent D.D 08/05/2012

Criminal Law – Conviction Based on Circumstantial Evidence – Appellants convicted for the murder of Loganathan, the brother-in-law of accused Chandran, based on circumstantial evidence and extra-judicial confession – Supreme Court examined the reliability of the extra-judicial confession and the circumstantial evidence presented by the prosecution [Paras 1-36].Extra-Judicial Confession – W...

REPORTABLE # CRIMINAL APPEAL NO. 1405 OF 2008 Docid 2012 LEJ Crim SC 312896

(4) KATHI BHARAT VAJSUR AND ANOTHER .....Appellant Vs. RESPONDENT(S): STATE OF GUJARAT .....Respondent D.D 08/05/2012

Criminal Law – Reversal of Acquittal – High Court reversed the Trial Court's acquittal of appellants, convicting them under Section 302 read with Section 34 IPC – Supreme Court evaluated the evidence, including eyewitness testimonies and medical reports, finding no material contradictions that could overturn the High Court’s decision [Paras 1-17].Eyewitness Credibility – Testimonies...

REPORTABLE # CRIMINAL APPEAL NO. 1042 OF 2002 Docid 2012 LEJ Crim SC 139061

(5) STATE OF KERALA AND OTHERS .....Appellant Vs. RESPONDENT(S): MAR APPRAEM KURI COMPANY LTD. AND ANOTHER .....Respondent D.D 08/05/2012

Constitutional Law – Repugnancy and Supremacy of Parliament – Appeals questioned when the repugnancy between the Kerala Chitties Act, 1975, and the Central Chit Funds Act, 1982, arises – Supreme Court examined whether repugnancy occurred upon the Central Act’s enactment or its commencement in the State – Held that repugnancy arises when the Central Act is made (enacted) and not when it i...

REPORTABLE # Civil Appeal No. 6660 of 2005 With Civil Appeal No's. 6661 of 2005, 6662 of 2005, 6663 of 2005, 6664 of 2005, 6665 of 2005, 6666 of 2005, 6667 of 2005, 6668 of 2005, 6669 of 2005, 6670 of 2005, 6671 of 2005, 6672 of 2005, 6673 of 2005, 6674 of 2005, 6675 of 2005, 6676 of 2005, 6677 of 2005, 6678 of 2005, 6679 of 2005, 6680 of 2005, 6681 of 2005, 7204 of 2008, 7329 of 2008, 7330 of 2008, 7333 of 2008, 7334 of 2008, SLP (C) No's. 25822 and 25823 of 2009, Civil Appeal No's. 7008 of 2005, 7009 of 2005, 7010 of 2005, 7011 of 2005, 7012 of 2005, 7013 of 2005, 7014 of 2005, 7164 of 2005, 7165 of 2005, 7166 of 2005, 7167 of 2005, 7537 of 2005, 7538 of 2005, 494 of 2006, 495 of 2006, 5031 of 2006, 7332 of 2008, 7572 of 2008 and 5032 of 2006 Docid 2012 LEJ Civil SC 367592

(6) NAGESH .....Appellant Vs. RESPONDENT(S): STATE OF KARNATAKA .....Respondent D.D 08/05/2012

Criminal Law – Conviction for Murder – Appellant convicted for the murder of Smt. Nagaratna – High Court affirmed Trial Court's judgment based on circumstantial evidence and eyewitness testimonies – Supreme Court reviewed evidence and upheld conviction, finding no material discrepancies that would overturn the High Court’s decision [Paras 1-17].Eyewitness Testimonies – Reliability...

REPORTABLE # CRIMINAL APPEAL NO. 671 OF 2005 Docid 2012 LEJ Crim SC 148762

(7) AL JAZEERA STEEL PRODUCTS COMPANY SAOG .....Appellant Vs. RESPONDENT(S): MID INDIA POWER AND STEEL LTD. .....Respondent D.D 08/05/2012

Arbitration – Appointment of Arbitrator – Petition for appointment of an arbitrator under Sections 11(5) and (9) of the Arbitration and Conciliation Act, 1996, due to disputes related to the supply of defective billets – Supreme Court appointed an independent and impartial arbitrator to resolve the disputes [Paras 1-19].Contract Disputes – Quality and Specifications – Disputes arose from...

REPORTABLE # ARBITRATION PETITION NO. 6 OF 2009 Docid 2012 LEJ Civil SC 389104

(8) JITENDER KUMAR .....Appellant Vs. RESPONDENT(S): STATE OF HARYANA .....Respondent D.D 08/05/2012

Criminal Law – Conspiracy and Murder – Appellants convicted for murder and conspiracy to commit murder – High Court upheld the Trial Court's judgment based on consistent eyewitness testimonies and circumstantial evidence – Supreme Court reviewed and found no material discrepancies, thereby upholding the convictions and sentences [Paras 1-17].Eyewitness Testimonies – Reliability and ...

REPORTABLE # CRIMINAL APPEAL NO. 1763 OF 2008 With CRIMINAL APPEAL NO. 1092 OF 2009 Docid 2012 LEJ Crim SC 506979

(9) PRIYA GUPTA .....Appellant Vs. RESPONDENT(S): STATE OF CHHATTISGARH AND OTHERS .....Respondent D.D 08/05/2012

Admissions – Cancellation of MBBS Admissions – Appeals challenging cancellation of admissions to MBBS course based on alleged violations of procedural rules and fairness – Supreme Court reviewed the procedural irregularities and favoritism involved – Upheld the cancellation but provided conditional relief due to the substantial completion of the course by the appellants [Paras 1-17, 30-31]...

REPORTABLE # CIVIL APPEAL NO. 4318 OF 2012 (Arising out of SLP (C) No. 27089 of 2011) With CIVIL APPEAL NO. 4319 OF 2012 (Arising out of SLP (C) No. 29306 of 2011) Docid 2012 LEJ Civil SC 716705