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) NATIONAL FERTILIZERS LTD. .....Appellant Vs. TUNCAY ALANKUS AND ANOTHER .....Respondent D.D 02/04/2013

Contempt of Court — Withdrawal of Funds — Allegation of withdrawal of large sum of money from Swiss bank account by respondent in violation of court orders dated September 4, 2006, and December 14, 2006 — Respondent contended no withdrawal post orders and closure of account in July 2006 — Bank statement corroborated respondent's claim — No violation of court orders established — C...

REPORTABLE # CONTEMPT PETITION (CIVIL) NO. 320 OF 2009 IN CRIMINAL APPEAL NO. 926 OF 2006 Docid 2013 LEJ Civil SC 997836

(2) STATE OF HARYANA .....Appellant Vs. BASTI RAM .....Respondent D.D 02/04/2013

Criminal Law — Rape — Conviction based on Sole Testimony of Prosecutrix — If the sole testimony of the prosecutrix is credible, conviction can be based thereon without need for further corroboration — Prosecutrix was less than 16 years old when raped on several occasions — Her statement, found to be worthy of credence and reliable, requires no corroboration — Consent of minor prosecutr...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 352 OF 2006 Docid 2013 LEJ Crim SC 244970

(3) BHARAT PETROLEUM CORPORATION LIMITED .....Appellant Vs. RAMA CHANDRASHEKHAR VAIDYA AND ANOTHER .....Respondent D.D 02/04/2013

Property Law — Renewal of Lease — Unilateral right of renewal of lease for 25 years under the original lease agreement — Appellant continued to occupy premises after renewal period without executing a fresh lease deed — Appellant continued as a month-to-month tenant — No right to further renewal under statutory provisions after February 28, 2005 — Appeal dismissed with costs [Paras 6-2...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2770 OF 2013 (Arising out of SLP (Civil) No. 355 of 2010) Docid 2013 LEJ Civil SC 874733

(4) RESHMA KUMARI AND OTHERS .....Appellant Vs. MADAN MOHAN AND ANOTHER .....Respondent D.D 02/04/2013

Motor Vehicles Act — Multiplier Method — Application in Claims under Section 166 — Multiplier specified in Second Schedule of the 1988 Act may be taken as a guide but is not decisive for determining compensation in claims under Section 166 — Just compensation principle requires examination of the unique situation in each case — Reference answered and civil appeals posted for regular hear...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4646 AND 4647 OF 2009 Docid 2013 LEJ Civil SC 563507

(5) USHA STUD AND AGRICULTURAL FARMS PVT. LTD. AND OTHERS .....Appellant Vs. STATE OF HARYANA AND OTHERS .....Respondent D.D 02/04/2013

Land Acquisition — Procedural Violations — Sections 5A and 6(1) of Land Acquisition Act, 1894 — Acquisition of land challenged on grounds of procedural lapses and discrimination — High Court dismissed writ petitions filed by appellants — Supreme Court examined procedural compliance and discriminatory treatment — Acquisition quashed due to non-application of mind by Chief Minister and p...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO's. 2557, 2576, 2577, 2578, 2580, 2582, 2583, and 2584 OF 2013 Docid 2013 LEJ Civil SC 453292

(6) STERLITE INDUSTRIES (INDIA) LTD. .....Appellant Vs. UNION OF INDIA (UOI) AND OTHERS ETC. ETC. .....Respondent D.D 02/04/2013

Environmental Law — Closure of Plant — High Court directed closure of appellant's copper smelter plant due to procedural breaches and environmental concerns — Supreme Court found the procedural exercise by Tamil Nadu Pollution Control Board (TNPCB) valid and not vitiated by irrationality — High Court erred in interfering with TNPCB's decision — Appeals allowed and closure order...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2776-2783 OF 2013 (Arising out of SLP (C) NOs. 28116-28123 of 2010) Docid 2013 LEJ Civil SC 840624

(7) ABDUL NASAR ADAM ISMAIL THROUGH ABDUL BASHEER ADAM ISMAIL .....Appellant Vs. STATE OF MAHARASHTRA AND OTHERS .....Respondent D.D 02/04/2013

Preventive Detention — Delay in Consideration — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3(1) — Constitution of India - Article 22(5) — Detention order cannot be quashed solely due to delay in issuance — However, constitutional obligation under Article 22(5) requires prompt consideration of detenu's representation — Unexplained de...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 520 OF 2013 (Arising out of Special Leave Petition (Criminal) No. 1359 of 2013) Docid 2013 LEJ Crim SC 417033

(8) UNION OF INDIA (UOI) AND OTHERS .....Appellant Vs. EX-GNR AJEET SINGH .....Respondent D.D 02/04/2013

Military Law — Joint Trial and Juvenility — Army Act, 1950 and Army Rules, 1954 — Respondent, a soldier, charged with theft, unauthorized absence, and possessing counterfeit seals — GCM conducted and punishment awarded — High Court quashed entire GCM proceedings due to some offenses committed when respondent was a juvenile — Supreme Court held joint trial valid for offenses committed a...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4465 OF 2005 Docid 2013 LEJ Civil SC 638288

(9) BANGALORE DEVELOPMENT AUTHORITY .....Appellant Vs. VIJAYA LEASING LTD. AND OTHERS .....Respondent D.D 01/04/2013

Land Acquisition — De-Notification — Section 48(1) of Land Acquisition Act — Division Bench failed to consider gross illegality in de-notification ordered by the Minister — Possession already handed over to the State — Civil Court decree did not prevent authorities from taking possession through legal means — Single Judge's order restoring status quo upheld — Division Bench'...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7141 OF 2005 Docid 2013 LEJ Civil SC 380026