MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

(1) PRIYA GUPTA .....Appellant Vs. RESPONDENT(S): STATE OF CHHATTISGARH AND OTHERS .....Respondent D.D 08/05/2012

Admissions – Cancellation of MBBS Admissions – Appeals challenging cancellation of admissions to MBBS course based on alleged violations of procedural rules and fairness – Supreme Court reviewed the procedural irregularities and favoritism involved – Upheld the cancellation but provided conditional relief due to the substantial completion of the course by the appellants [Paras 1-17, 30-31]...

REPORTABLE # CIVIL APPEAL NO. 4318 OF 2012 (Arising out of SLP (C) No. 27089 of 2011) With CIVIL APPEAL NO. 4319 OF 2012 (Arising out of SLP (C) No. 29306 of 2011) Docid 2012 LEJ Civil SC 716705

(2) MUNNA KUMAR UPADHYAYA @ MUNNA UPADHYAYA .....Appellant Vs. RESPONDENT(S): THE STATE OF ANDHRA PRADESH THROUGH PUBLIC PROSECUTOR HYDERABAD ANDHRA PRADESH .....Respondent D.D 08/05/2012

Criminal Law – Circumstantial Evidence – Appellant convicted based on circumstantial evidence for the murder of Baldevraj Seth and his family – High Court upheld the conviction – Supreme Court found no material discrepancies to overturn the High Court’s decision – Emphasized the reliability of the chain of evidence and corroborative testimonies [Paras 1-17].Confession and Recoveries â€...

REPORTABLE # CRIMINAL APPEAL NO. 1316 OF 2008 Docid 2012 LEJ Crim SC 634209

(3) BIPROMASZ BIPRON TRADING SA .....Appellant Vs. RESPONDENT(S): BHARAT ELECTRONICS LIMITED (BEL) .....Respondent D.D 08/05/2012

Arbitration – Appointment of Arbitrator – Petition under Sections 11(6) and 11(8) of the Arbitration and Conciliation Act, 1996, for an independent arbitrator – Respondent insisted on appointing the Chairman and Managing Director of BEL or his nominee as per the arbitration clause – Supreme Court appointed an independent arbitrator due to reasonable apprehension of bias [Paras 1-54].Arbitr...

REPORTABLE # ARBITRATION PETITION NO. 19 OF 2011 Docid 2012 LEJ Civil SC 677464

(4) SUPREME COURT BAR ASSOCIATION AND OTHERS .....Appellant Vs. RESPONDENT(S): B.D. KAUSHIK .....Respondent D.D 07/05/2012

Bar Association – Implementation of Judgment – SCBA and others filed applications concerning the implementation of the Supreme Court's judgment regarding amendments to SCBA Rules – Supreme Court reviewed actions taken by the SCBA and its Implementation Committee, addressing procedural irregularities and ensuring compliance with its judgment [Paras 1-54].Elections and Membership – Voti...

REPORTABLE # I.A. No. 1 of 2012 in Civil Appeal No. 3401 of 2003 I.A. No. 1 of 2012 in Civil Appeal No. 3402 of 2003 Cont. Petition (C) No. 45 of 2012 in Civil Appeal Nos. 3401 and 3402 of 2003 Docid 2012 LEJ Civil SC 233899

(5) NEEL KUMAR @ ANIL KUMAR .....Appellant Vs. RESPONDENT(S): THE STATE OF HARYANA .....Respondent D.D 07/05/2012

Criminal Law – Conviction and Death Sentence – Appellant convicted for the rape and murder of his four-year-old daughter – Trial court sentenced him to death – High Court affirmed the conviction and death sentence – Supreme Court reviewed the evidence, upheld the conviction but commuted the death sentence to life imprisonment [Paras 1-28].Eyewitness Testimony – Reliability and Consiste...

REPORTABLE # CRIMINAL APPEAL NO. 523 OF 2010 Docid 2012 LEJ Crim SC 288485

(6) SUPER CASSETTES INDUSTRIES LTD. .....Appellant Vs. RESPONDENT(S): MUSIC BROADCAST PVT. LTD. .....Respondent D.D 04/05/2012

Intellectual Property – Copyright – Compulsory Licensing – Appeals against the Delhi High Court's reversal of the Copyright Board’s decision not to grant interim compulsory licenses – Supreme Court examined whether the Copyright Board has the authority to grant interim relief under Section 31 of the Copyright Act – Upheld that the Copyright Board lacks the power to issue interim c...

REPORTABLE # CIVIL APPEAL NO'S. 4196-4197 OF 2012 (Arising out of SLP (C) No's. 26581-26582 of 2011) Docid 2012 LEJ Civil SC 377977

(7) RASHMI REKHA THATOI AND ANOTHER .....Appellant Vs. RESPONDENT(S): STATE OF ORISSA AND OTHERS .....Respondent D.D 04/05/2012

Criminal Procedure – Anticipatory Bail – Appeals challenge High Court's directions allowing accused to surrender and seek bail from Magistrate despite denial of anticipatory bail – Supreme Court set aside these directions, emphasizing strict adherence to Section 438 CrPC and the necessity of judicial discretion in granting bail [Paras 1-34].Judicial Discretion – Scope and Limits – H...

REPORTABLE # CRIMINAL APPEAL NO. 750 OF 2012 (Arising out of S.L.P. (Criminal) No. 7281 of 2011) With CRIMINAL APPEAL NO. 751 OF 2012 (Arising out of S.L.P. (Criminal) No. 7286 of 2011) Docid 2012 LEJ Crim SC 948201

(8) TEJAS CONSTRUCTIONS AND INFRASTRUCTURE PVT. LTD. .....Appellant Vs. RESPONDENT(S): MUNICIPAL COUNCIL SENDHWA AND ANOTHER .....Respondent D.D 04/05/2012

Public Contracts – Eligibility and Award – Appeal against the High Court's decision upholding the award of a water supply project to Respondent No. 2 – Appellant contested the eligibility of Respondent No. 2, claiming non-compliance with tender conditions regarding balance sheets and single integrated water supply scheme experience – Supreme Court upheld the High Court's decision...

REPORTABLE # CIVIL APPEAL NO. 4195 OF 2012 (Arising out of S.L.P. (C) No. 16175 of 2011) Docid 2012 LEJ Civil SC 319972

(9) ARJUN .....Appellant Vs. RESPONDENT(S): STATE OF MAHARASHTRA .....Respondent D.D 03/05/2012

Criminal Law – Murder and Grievous Hurt – The appellant was convicted under Sections 302 and 326 IPC for the murder of Jagannath RambhauShirsath and causing grievous hurt to Muktabai. The incident arose from property disputes and culminated in an attack where the appellant inflicted fatal injuries on the deceased using a knife. The trial court's judgment was affirmed by the High Court. Th...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 356 OF 2007 Docid 2012 LEJ Crim SC 369723