(1) BHUSHAN POWER AND STEEL LTD. AND OTHERS .....Appellant Vs. RESPONDENT(S): STATE OF ORISSA AND ANOTHER .....Respondent D.D 14/03/2012

Contracts – Memorandum of Understanding – Appellant and State Government entered into MOU on May 15, 2002, for setting up a steel plant – State Government's later demand for a fresh MOU deemed arbitrary – Original MOU acted upon by both parties – High Court's ruling requiring fresh MOU set aside [Paras 1-24, 30-34].Administrative Law – Legitimate Expectation – State Governm...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2790 OF 2012 (Arising out of SLP (C) No. 8567 of 2008) Docid 2012 LEJ Civil SC 260396

(2) ASHOK SADARANGANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 14/03/2012

Criminal Law – Compounding of Offences – Petitioners sought quashing of criminal proceedings on basis of a compromise reached with complainant banks – Supreme Court held that non-compoundable offences could not be quashed merely due to settlement – Emphasis on the criminal intent of petitioners rather than the civil aspect of dues – Writ petition dismissed [Paras 1-22].Inherent Powers â€...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 26 OF 2011 (Under Article 32 of the Constitution of India) Docid 2012 LEJ Crim SC 702579

(3) JAI PRAKASH SINGH .....Appellant Vs. RESPONDENT(S): STATE OF BIHAR AND ANOTHER ETC. .....Respondent D.D 14/03/2012

Criminal Law – FIR and Delay – The promptness in lodging the FIR provides assurance of the informant's version – Delay can introduce colored versions and concocted stories – FIR lodged promptly within two hours in this case considered reliable [Paras 11-12].Bail – Anticipatory Bail – Distinction between regular bail (Section 439) and anticipatory bail (Section 438) – Anticipator...

REPORTABLE # CRIMINAL APPEAL NOS. 525-526 OF 2012 (Arising out of SLP (Criminal) NOS. 304-305 OF 2012) Docid 2012 LEJ Crim SC 963356

(4) RASHMI AJAY KR. KESHARWANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): AJAY KR. KESHARWANI AND OTHERS .....Respondent D.D 12/03/2012

Habeas Corpus – Custody Disputes – Writ petition by husband for custody of minor son – Habeas corpus writ should not be issued in such matters – Supreme Court held that non-bailable warrant against wife was uncalled for and illegal – High Court's order quashed [Paras 1-16].Judicial Discretion – Exercise of Habeas Corpus – Court emphasized that habeas corpus should not be issued ...

REPORTABLE # CRIMINAL APPEAL NO. 518 OF 2012 (Arising out of SLP (Criminal) No. 9113 of 2011) Docid 2012 LEJ Crim SC 811017

(5) H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs. RESPONDENT(S): RANJIT SINGH RANA .....Respondent D.D 12/03/2012

Arbitration – Post-Award Interest – Arbitrator did not exercise discretion on post-award interest – High Court awarded 18% p.a. interest from the date of award until the date of actual payment – Supreme Court held that deposit of the award amount in the High Court constitutes payment, ceasing liability for post-award interest from that date – High Court's order modified accordingly ...

REPORTABLE # CIVIL APPEAL NO. 2751 OF 2012 (Arising out of S.L.P. (C) No. 26581 of 2009) Docid 2012 LEJ Civil SC 272405

(6) VISMAY DIGAMBAR THAKARE .....Appellant Vs. RESPONDENT(S): RAMCHANDRA SAMAJ SEWA SAMITI AND OTHERS .....Respondent D.D 02/03/2012

Employment Law – Back Wages – Appellant awarded back wages by School Tribunal – High Court set aside the award – Supreme Court considered precedents on back wages entitlement even without specific assertion of non-employment – Settlement reached between parties for payment of Rupees one lakh towards back wages in full and final settlement [Paras 1-7].Judicial Precedents – Application â...

REPORTABLE # CIVIL APPEAL NO. 2708 OF 2012 (Arising out of S.L.P. (C) No. 21197 of 2010) Docid 2012 LEJ Civil SC 370174

(7) VINAYAK KASHINATH SHILKAR Vs. RESPONDENT: DY. COLLECTOR AND COMPETENT AUTHORITY AND OTHERS D.D 29/02/2012

Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 – The possession of vacant land not taken over by the State Government or Competent Authority prior to the Repeal Act’s adoption would result in abatement of proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 – Mere vesting of vacant land without actual possession does not fulfill the requirements for the a...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2615 OF 2012 (Arising out of S.L.P. (C) No. 14223 of 2009) Docid 2012 LEJ Civil SC 762085

(8) KISHOR KUMAR AND OTHERS Vs. RESPONDENT: PRADEEP SHUKLA AND OTHERS D.D 29/02/2012

Employment Law – Pharmacists' Appointment – The court dealt with the interpretation of Rule 15(2) of the Uttar Pradesh Pharmacists Service Rules, 1980 – The Rule required appointments to be made batch-wise from each year of diploma holders – Several writ petitions challenged the advertisement dated 12.11.2007 for 766 vacancies for not adhering to this interpretation – High Court’s...

REPORTABLE # CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS. 22590, 27086 OF 2011 AND 4130 OF 2012 Docid 2012 LEJ Civil SC 335566

(9) MANO DUTT AND ANOTHER Vs. RESPONDENT: STATE OF U.P. D.D 29/02/2012

Criminal Law – Conviction for Murder – Appellants were convicted for the murder of Siya Ram, with life imprisonment awarded by the trial court and affirmed by the High Court – The Supreme Court dismissed the appeal, holding that the prosecution had established the case beyond reasonable doubt – The involvement of the appellants in the crime was corroborated by credible witness testimonies ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 77 OF 2007 Docid 2012 LEJ Crim SC 930472