Suit For Declaration Involves All Co-Owners; Limitation Plea Cannot Be Decided At Interlocutory Stage Of Impleadment: Telangana High Court Mere Proof Of Proper Dispatch Sufficient: Bombay High Court Says Trade Marks Registrar Need Not Prove Actual Delivery Of Renewal Notice Casteist Remarks Inside Private Office Without Independent Witnesses Do Not Attract SC/ST Act: Delhi High Court Private Property Transfer Not Void Under Section 64 CPC If Made Before 'Effective' Execution Of Attachment Warrant: Karnataka High Court Statement Under Section 164 CrPC Is Not Substantive Evidence, Cannot Be Sole Basis For Conviction When Victim Turns Hostile: Madras High Court Murder Simpliciter Is Not A Motor Accident; Claim Under Motor Vehicles Act Requires Causal Link Between Death And Vehicle: Supreme Court Mere Involvement Of Car In Chain Of Circumstances Leading To Death Doesn't Attract Motor Vehicles Act: Supreme Court Proclaimed Absconder Cannot Seek Quashing Of Criminal Proceedings Under Section 528 BNSS: Allahabad High Court Magistrate Cannot Mechanically Discharge Accused Without Recording Reasons Under Section 239 CrPC: Calcutta High Court Trial Courts Must Strictly Follow Mandate Of Section 43D(5) UAPA To Record Prima Facie Finding Before Granting Bail: Delhi High Court Executive Cannot Impose Additional Eligibility Criteria For Statutory Appointments Beyond What Is Prescribed In Parent Act: Karnataka High Court Major Married & Earning Sons Entitled To Compensation For Father’s Death; Dependency Evaluated At Time Of Filing Claim: Gujarat High Court Remaining Extent Of Bequeathed Property After Prior Conveyances Can Be Partitioned Among Legal Heirs: Kerala High Court Exchanging Garlands Not A Recognized Mode Of Marriage; Notary Cannot Act As Marriage Officer: Madhya Pradesh High Court Suspends License

(1) VIMAL KANWAR AND OTHERS .....Appellant Vs. KISHORE DAN AND OTHERS .....Respondent D.D 03/05/2013

Compensation – Provident Fund, Pension, and Insurance – Not Deductible: Benefits such as provident fund, pension, and insurance are deferred payments based on contributions made by the employee and are thus not related to the accidental death governed by the Motor Vehicles Act. These benefits are not deductible as "pecuniary advantages" in compensation calculations​​.Compassionat...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5513 OF 2012 (Arising out of S.L.P. (Civil) No. 6367 of 2012) Docid 2013 LEJ Civil SC 782988

(2) MANGA @ MAN SINGH .....Appellant Vs. STATE OF UTTARAKHAND .....Respondent D.D 03/05/2013

Unlawful Assembly – Section 141 IPC: The expression "other offence" in Section 141 'third' IPC includes all offenses punishable under the IPC, not limited to minor offenses like mischief or criminal trespass. This interpretation aligns with Section 40(1) IPC, which defines "offense" as any act punishable under the IPC [Paras 36-46].Credibility of Injured Witnesses â...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, and 1166 OF 2008 Docid 2013 LEJ Crim SC 763407

(3) VIDYA DHAR AND OTHERS .....Appellant Vs. MULTI SCREEN MEDIA PVT. LTD. .....Respondent D.D 03/05/2013

Criminal Procedure – Section 389 CrPC – Suspension of Sentence and Bail: The petitioners' applications for suspension of conviction and sentence, as well as interim bail, are pending before the Delhi High Court. The main concern is whether the broadcast of a dramatized version of the case would prejudice their pending appeal [Paras 7, 8].Freedom of Speech vs. Fair Trial: The Court conside...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NO. 9967 OF 2013 Docid 2013 LEJ Civil SC 657940

(4) MUMBAI WASTE MANAGEMENT LTD. .....Appellant Vs. SECRETARY OF ENVIRONMENT GOVERNMENT OF INDIA AND OTHERS .....Respondent D.D 02/05/2013

Territorial Jurisdiction – Authority of State Pollution Control Board: The Maharashtra Pollution Control Board (MPCB) had the authority to allocate and re-allocate areas for waste management facilities under the 2008 Hazardous Waste Management Rules. The Court upheld the Board's jurisdiction to determine operational areas for such facilities, rejecting the petitioner's contention that ...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NOS. 18394-18395/2012 Docid 2013 LEJ Civil SC 993783

(5) MANOHAR LAL SHARMA .....Appellant Vs. UNION OF INDIA AND ANOTHER .....Respondent D.D 01/05/2013

FDI Policy – Validity and Authority: The Court upheld the validity of the FDI policy, noting that it is within the competence of the Central Government to formulate such policies. The Department of Industrial Policy and Promotion (DIPP) is empowered to make policy pronouncements on FDI under the Allocation of Business Rules 1961. The Reserve Bank of India (RBI) regulates foreign investment in In...

REPORTABLE # WRIT PETITION (C) NO. 417 OF 2012 Docid 2013 LEJ Civil SC 215210

(6) GURU GRANTH SAHEB STHAN MEERGHAT VANARAS .....Appellant Vs. VED PRAKASH AND OTHERS .....Respondent D.D 01/05/2013

Simultaneous Proceedings – Civil and Criminal Cases: The Supreme Court emphasized that there is no hard and fast rule for staying civil proceedings pending the outcome of related criminal cases. The possibility of conflicting decisions in civil and criminal courts is not a relevant consideration. The primary factor is whether proceeding with both cases simultaneously would cause embarrassment to...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4166 OF 2013 (Arising out of SLP (C) No. 12644 of 2009) Docid 2013 LEJ Civil SC 398123

(7) STATE OF RAJASTHAN .....Appellant Vs. SHRAVAN RAM AND ANOTHER .....Respondent D.D 01/05/2013

Murder – Section 302 IPC – Acquittal by High Court: The High Court reversed the conviction and acquitted the accused due to the absence of eye-witnesses and reliance on uncorroborated dying declarations, which contained material contradictions and discrepancies. The Supreme Court upheld this decision, emphasizing the need for corroboration and consistency in dying declarations to form a reliab...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 427 OF 2007 Docid 2013 LEJ Crim SC 264968

(8) STATE OF RAJASTHAN AND ANOTHER .....Appellant Vs. MILAP CHAND JAIN AND ANOTHER ETC. .....Respondent D.D 01/05/2013

Ground of Parity – Dismissal of Special Leave Petitions: The Court highlighted the principle of parity, stating that allowing a fresh batch of special leave petitions on the same order that was previously challenged and dismissed would result in unjust discrimination. The earlier dismissal of similar petitions by the Supreme Court meant that maintaining consistency required dismissing the curren...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NOS. 20363-20368 OF 2013 (C.C. NOS. 7465-7470 OF 2012) WITH SPECIAL LEAVE PETITION (CIVIL) NOS. 20386-20390 OF 2013 (C.C. NOS. 8287-8291 OF 2012) WITH SPECIAL LEAVE PETITION (CIVIL) NOS. 20373-20377 OF 2013 (C.C. NOS. 8403-8407 OF 2012) WITH SPECIAL LEAVE PETITION (CIVIL) NOS. 20379-20383 OF 2013 (C.C. NOS. 8464-8468 OF 2012) WITH SPECIAL LEAVE PETITION (CIVIL) NO. 20378 OF 2013 (C.C. NO. 19503 OF 2012) WITH SPECIAL LEAVE PETITION (CIVIL) NO. 34866 OF 2012 WITH SPECIAL LEAVE PETITION (CIVIL) NO. 20812 OF 2013 (C.C. NO. 9200 OF 2013) WITH SPECIAL LEAVE PETITION (CIVIL) NO. 14952 OF 2013 WITH SPECIAL LEAVE PETITION (CIVIL) NO. ...... C.C. NO. 9440 OF 2013 Docid 2013 LEJ Civil SC 387139

(9) HABIB .....Appellant Vs. STATE OF UTTAR PRADESH .....Respondent D.D 01/05/2013

Murder Conviction – Reliance on Witness Testimony: The mere fact that prosecution witnesses (PWs) are interested parties, being relatives, does not automatically render their evidence unreliable if it is otherwise trustworthy. The medical evidence consistent with the prosecution's case further corroborated their testimonies. The High Court was justified in reversing the trial court's a...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 911 OF 2007 Docid 2013 LEJ Crim SC 994375