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) ASHOK KUMAR JAIN .....Appellant Vs. SUMATI JAIN .....Respondent D.D 15/04/2013

Divorce – Cruelty and Desertion – Appellant sought dissolution of marriage under Section 13 on grounds of cruelty and desertion by the respondent – Family Court and High Court found that the appellant was cruel and responsible for the situation leading to the respondent's departure from the matrimonial home – Both courts dismissed the divorce petition, holding that the appellant was t...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3861 OF 2013 (Arising out of SLP (C) No. 20277 of 2007) APPELLANT(S): ASHOK KUMAR JAIN .....Appellant Docid 2013 LEJ Civil SC 571145

(2) CENTRE FOR ENVIRONMENT LAW, WWF-I .....Appellant Vs. UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 15/04/2013

Wildlife Conservation – Second Home for Asiatic Lion – Supreme Court directed the creation of a second home for the endangered Asiatic Lion in Kuno Wildlife Sanctuary – Emphasized the necessity of reintroducing the lion to prevent extinction due to epidemics, natural calamities, or other threats – Kuno identified as the most suitable habitat after extensive research and surveys [Paras 1-16...

REPORTABLE # I.A. No. 100 in Writ Petition (Civil) No. 337 of 1995 and I.A. No. 3452 in Writ Petition (Civil) No. 202 of 1995 (Under Article 32 of the Constitution of India) APPELLANT(S): CENTRE FOR ENVIRONMENT LAW, WWF-I .....Appellant Docid 2013 LEJ Civil SC 702287

(3) RANJIT KUMAR MURMU .....Appellant Vs. LACHMI NARAYAN BHOMROJ AND OTHERS .....Respondent D.D 15/04/2013

Kerosene Dealer License – Jurisdiction – Principal Secretary and Commissioner of Food and Supplies Department, Government of West Bengal, lacked jurisdiction to entertain an appeal against the District Magistrate's order under Paragraph 11 of the Control Order – State’s inherent power to alter or set aside District Magistrate's order must follow procedure prescribed by law – Im...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7263 OF 2012 (Arising out of Special Leave Petition (Civil) No. 9259 of 2012) APPELLANT(S): RANJIT KUMAR MURMU .....Appellant Docid 2013 LEJ Civil SC 366326

(4) ARVIND KUMAR SHARMA .....Appellant Vs. VINEETA SHARMA AND ANOTHER .....Respondent D.D 15/04/2013

Family Law – Consolidation of Suits – Respondent-wife sought consolidation of two suits filed by appellant-husband, one for divorce and the other for an injunction restraining her from entering matrimonial home – Family Court rejected consolidation – High Court admitted appeal and stayed operation of ex parte injunction and hearing of suits until appeal decided – Supreme Court found High...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3884-3886 OF 2013 (Arising out of Special Leave Petition (Civil) Nos. 33744-33746 of 2012) APPELLANT(S): ARVIND KUMAR SHARMA .....Appellant Docid 2013 LEJ Civil SC 536771

(5) BHARAT PETROLEUM CORPORATION LTD. .....Appellant Vs. JAGANNATH AND COMPANY AND OTHERS .....Respondent D.D 12/04/2013

Petroleum Law – Termination of Dealership – BPCL terminated the dealership of respondent-firm for non-compliance with quality standards – Samples not tested in government laboratory but in company laboratory – High Court quashed termination due to procedural lapses and directed restoration of dealership – Supreme Court upheld High Court’s decision, emphasizing the need for fair and tra...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3838-3839 OF 2013 (Arising out of Special Leave Petition (Civil) Nos. 31536-31537 of 2009) APPELLANT(S): BHARAT PETROLEUM CORPORATION LTD. .....Appellant Docid 2013 LEJ Civil SC 460269

(6) DEVENDER PAL SINGH BHULLAR .....Appellant Vs. STATE OF N.C.T. OF DELHI .....Respondent D.D 12/04/2013

Mercy Petition – Constitutional Powers – Supreme Court analyzed the nature of powers vested in the President under Article 72 and the Governor under Article 161 – Reiterated that these powers must be exercised with aid and advice of the Council of Ministers – Emphasized that delay in disposal of mercy petitions can be a ground for commutation of death sentence, but each case must be examin...

REPORTABLE # Writ Petition (Criminal) D. No. 16039 of 2011 and Writ Petition (Criminal) Nos. 86 and 146 of 2011 (Under Article 32 of the Constitution of India) APPELLANT(S): DEVENDER PAL SINGH BHULLAR .....Appellant Docid 2013 LEJ Crim SC 522073

(7) SMT. NEENA VIKRAM VERMA .....Appellant Vs. BALMUKUND SINGH GAUTAM AND OTHERS .....Respondent D.D 12/04/2013

Civil Procedure – Striking Out Pleadings – Supreme Court held that an application under Order 7 Rule 11 CPC should be decided based on the face of the plaint or petition to determine if a cause of action is made out – Once a party consents to the court hearing a petition under Order 7 Rule 11, the same party cannot later seek to strike out pleadings under Order 6 Rule 16 for being unnecessar...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3840 OF 2013 (Arising out of Special Leave Petition (Civil) No. 38061 of 2012) Docid 2013 LEJ Civil SC 987381

(8) RAJESH AND OTHERS .....Appellant Vs. RAJBIR SINGH AND OTHERS .....Respondent D.D 12/04/2013

Compensation – Future Prospects – Supreme Court directed that for self-employed or fixed-wage earners, there must be an addition of 50% to the actual income of the deceased if below 40 years, and 30% if aged between 40 to 50 years, while computing future prospects – The actual income should be considered after tax deductions – For victims aged 50 to 60 years, an addition of 15% is deemed j...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3860 OF 2013 (Arising out of S.L.P. (Civil) No. 24825 of 2010) APPELLANT(S): RAJESH AND OTHERS .....Appellant Docid 2013 LEJ Civil SC 899226

(9) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) .....Appellant Vs. SARVPRIYA SEHKARI AVAS SAMITI LTD. AND ANOTHER .....Respondent D.D 11/04/2013

Urban Development – Applicability of Government Order – Supreme Court held that the Government Order dated October 22, 2002, issued by the Housing Department, did not apply to NOIDA, an industrial development authority constituted under the U.P. Industrial Area Development Act 1976 – Emphasized the distinct administrative controls and the specificity of the order to the development authoriti...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3265 OF 2013 (Arising out of Special Leave Petition (C) No. 1343 of 2009) APPELLANT(S): NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) .....Appellant Docid 2013 LEJ Civil SC 134159