After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Anti-Suit Injunction in Matrimonial Dispute Set Aside: Calcutta High Court Refuses to Stall UK Divorce Proceedings Filed by Wife Res Ipsa Loquitur Not a Substitute for Proof of Negligence: Delhi High Court Affirms Acquittal in Fatal Road Accident Case NSA Detention Doesn’t Bar Framing of Charges If Prima Facie Evidence Exists: Punjab & Haryana High Court Upholds Charges in Ajnala Police Station Violence Case Continued Contractual Service Despite Sanctioned Posts Is Unfair Labour Practice: Orissa High Court Orders Regularization Of ECG Technicians After 15 Years Will Duly Proved Even If Witnesses Forget Details After Eight Years: Madras High Court Validates Bequest, Sets Aside Partition Decree Writ Petition Not Maintainable Where Commercial Appeal Remedy Exists: Karnataka High Court Dismisses Petition, Permits Conversion Under Commercial Courts Act Circumstantial Evidence Must Be Cogent, But Caste-Based Offences Demand Specific Intent: Supreme Court Draws Line Between Heinous Crimes and Caste Atrocities Court Must Step into Testator’s Shoes, Not Substitute His Intent: Supreme Court Upholds Will Excluding One Daughter Production of Arbitration Clause is Enough - Not Conduct Mini-Trials on Capacity or Consortium Structure: Supreme Court Title to Property Must Be Proven by Evidence, Not Just Claimed by Deed: Supreme Court Strikes Down Injunction Order Rejecting Police Investigation Is Not Interlocutory Where It Affects Complainant’s Right to Fair Probe in Murder Case: Madhya Pradesh High Court Restores Revision in 156(3) Application Rejection Conviction Cannot Rest On Contradictions, Hostility And Conjecture: Supreme Court Acquits Seven Accused In 2010 Village Murder

(1) SMT. K. LAKSHMI .....Appellant Vs. RESPONDENT(S): STATE OF KERALA AND OTHERS .....Respondents D.D 27/02/2012

Public Service – Recruitment Process – Appellant challenged exclusion from appointment as District and Sessions Judge – High Court found award of grace marks invalid, leading to revision of merit list – Supreme Court upholds decision, finds no right to appointment for appellant based on revised list and subsequent vacancies [Paras 2-21].Constitutional Law – Equal Opportunity – Vacancie...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2511 OF 2012 (Arising out of SLP (C) No. 16289 of 2011) Docid 2012 LEJ Civil SC 476031

(2) IN RE: NETWORKING OF RIVERS .....Appellant Vs. RESPONDENT(S): UNION OF INDIA AND OTHERS .....Respondents D.D 27/02/2012

Water Management – Interlinking of Rivers – PIL for nationalization and interlinking of rivers filed citing need for equitable water distribution and flood management – Supreme Court directs formation of Special Committee for Interlinking of Rivers to expedite planning, execution, and implementation – Committee to include government officials, experts, and social activists [Paras 2-21, 64]...

REPORTABLE # WRIT PETITION (CIVIL) No's. 512 and 668 of 2002 Docid 2012 LEJ Civil SC 130152

(3) DEEPAK KUMAR AND OTHERS .....Appellants Vs. RESPONDENT(S): STATE OF HARYANA AND OTHERS .....Respondents D.D 27/02/2012

Environmental Law – Sand Mining – Petitioners challenged auction notices for mining of minor minerals on river beds in Haryana and other states – Supreme Court reviews environmental impact and compliance with statutory regulations – Court emphasizes necessity of environmental impact assessments and adherence to regulatory framework for sustainable mining [Paras 1-19].Regulatory Compliance ...

REPORTABLE # I.A. No's. 12-13 of 2011 in Special Leave Petition (C) No's. 19628-19629 of 2009 and SLP (C) No's. 729-731 of 2011, 21833 of 2009, 12498-499 of 2010, SLP (C) CC. 16157 of 2011 and CC 18235 of 2011 Docid 2012 LEJ Civil SC 760485

(4) LALITA KUMARI .....Appellant Vs. RESPONDENT(S): GOVERNMENT OF U.P. AND OTHERS .....Respondents D.D 27/02/2012

Criminal Law – Registration of FIR – Petition filed under Article 32 for the issuance of habeas corpus to produce minor Lalita Kumari – Police did not register FIR upon initial complaint of kidnapping – Supreme Court emphasizes the mandatory nature of Section 154 CrPC for police to register FIR upon receiving information of a cognizable offence – Detailed guidelines issued for the regist...

REPORTABLE # WRIT PETITION (CRIMINAL) No. 68 of 2008 CRIMINAL APPEAL NO. 1410 OF 2011 SLP (CRIMINAL) No. 5200 OF 2009 CONTEMPT PETITION (Arising out of D. 26722 of 2008) in WRIT PETITION (CRIMINAL) No. 68 of 2008 Docid 2012 LEJ Crim SC 607257

(5) KRISHAN LAL .....Appellant Vs. RESPONDENT(S): FOOD CORPORATION OF INDIA AND OTHERS .....Respondents D.D 24/02/2012

Contract Law – Breach of Contract – Appellant challenged the refusal of the Food Corporation of India (FCI) to refund Rs. 10 lakhs deposited as security pursuant to a High Court order – Appellant had secured a contract but later withdrew his offer – Supreme Court holds that the FCI can retain the security deposit and recover extra expenses incurred due to appellant’s withdrawal but must ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 8569-8570 of 2003 Docid 2012 LEJ Civil SC 335322

(6) K.B. NAGUR M.D. (AYU.) .....Appellant Vs. RESPONDENT(S): UNION OF INDIA (UOI) .....Respondent D.D 24/02/2012

Constitutional Law – Validity of Statutes – Petitioner challenges the constitutionality of Section 7 of the Indian Medicine Central Council Act, 1970, on grounds of it being violative of Articles 14 and 16 of the Constitution – Supreme Court upholds the validity of Section 7, stating that it ensures no vacuum in the membership of the Central Council – Provision intended to prevent disrupti...

REPORTABLE # WRIT PETITION (CIVIL) No. 33 of 2009 I.A. No's. 1, 3, 4, 6, 7, 8, 9, 10, and 11 in Writ Petition (Civil) No. 249 of 2011 and Transfer Petition (Civil) No's. 736, 737, 738-739 of 2011 Docid 2012 LEJ Civil SC 363231

(7) MARGRET ALMEIDA AND OTHERS .....Appellants Vs. RESPONDENT(S): BOMBAY CATHOLIC COOP. HOUSING SOCIETY LIMITED AND OTHERS .....Respondents D.D 24/02/2012

Civil Procedure – Interim Orders – Clarification sought on Supreme Court's order directing the Bombay High Court to consider applications for interim orders – Appellants argued they had an existing interim order of status quo from the Trial Judge – Supreme Court clarifies that the High Court should consider the sustainability of the existing interim order rather than fresh application...

REPORTABLE # I.A. No's. 4 - 6 of 2012 in Civil Appeal No's. 1175 - 1177 of 2012 Docid 2012 LEJ Civil SC 460823

(8) OFFICE OF THE CHIEF POST MASTER GENERAL AND OTHERS .....Appellants Vs. RESPONDENT(S): LIVING MEDIA INDIA LTD. AND ANOTHER .....Respondents D.D 24/02/2012

Condonation of Delay – Government Appeals – Appellant, a government department, sought condonation of 427 days delay in filing SLPs – Supreme Court examined whether there was "sufficient cause" for the delay – Found delays at every stage with no satisfactory explanation for inaction – Held that mere procedural red-tape does not justify inordinate delays – Emphasized that gove...

REPORTABLE # CIVIL APPEAL NOs. 2474-2475 of 2012 (Arising out of SLP (C) No's. 7595-96 of 2011) Docid 2012 LEJ Civil SC 384184

(9) AMIT .....Appellant Vs. RESPONDENT: STATE OF UTTAR PRADESH .....Respondent D.D 23/02/2012

Criminal Law – Kidnapping, Rape, and Murder – Appellant convicted for kidnapping a three-year-old girl, committing rape and unnatural offences, and murdering her – Trial court sentenced appellant to death – High Court confirmed conviction and death sentence – Supreme Court reviews evidence and confirms conviction but commutes death sentence to life imprisonment [Paras 1-13].Evidence – ...

REPORTABLE # CRIMINAL APPEAL NO. 1905 of 2011 Docid 2012 LEJ Crim SC 559370