State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court 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 Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge

(1) STATE OF U.P. … Vs. NARESH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Criminal Law – Murder and Robbery Conviction – Respondents initially convicted by the Sessions Court for murder, attempted murder, and robbery – High Court acquitted respondents citing minor contradictions and lack of independent witnesses – Supreme Court reinstated conviction, emphasizing reliability of injured witnesses and rejecting the High Court's undue emphasis on minor discrepa...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 674 OF 2006 Docid 2011 LEJ Crim SC 943671

(2) GANGADHARA PALO … Vs. THE REVENUE DIVISIONAL OFFICER AND ANOTHER …RESPONDENT(S) D.D 08/03/2011

Review Petition – Delay Condonation – High Court dismissed review petition and application for condonation of 71 days delay – Supreme Court condoned the delay, stating a liberal view should be taken for such short delays – Case remanded to High Court to decide review on merits [Paras 3-4, 16].Doctrine of Merger – Maintainability of Review – Distinction between SLP dismissed with reason...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5280 OF 2006 Docid 2011 LEJ Civil SC 752069

(3) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. BHARAT SINGH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Reservation in Single Post Cadre – Legality – High Court quashed inquiry into alleged malpractices in the selection process for Principals – Supreme Court affirmed that the post of Principal in each aided/affiliated institution being a single post in the cadre is not amenable to reservation – Emphasized that reservation in single post cadres is impermissible as it amounts to 100% reservati...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2351 OF 2011 (ARISING OUT OF SLP (C) NO. 25966 OF 2008) CIVIL APPEAL NOS. 2352-2361 OF 2011 (ARISING OUT OF SLP (C) NOS. 27077, 27522-27524, 27526-27528, 27530-27531 OF 2008 AND NO. 455 OF 2009) T.P. (C) NOS. 3 AND 1136 OF 2009 AND CONTEMPT PETITION (C) NO. 32 OF 2009 IN SLP (C) NO. 25966 OF 2008 Docid 2011 LEJ Civil SC 359583

(4) STATE OF U.P. … Vs. NARESH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Criminal Law – Murder and Robbery Conviction – Respondents initially convicted by the Sessions Court for murder, attempted murder, and robbery – High Court acquitted respondents citing minor contradictions and lack of independent witnesses – Supreme Court reinstated conviction, emphasizing reliability of injured witnesses and rejecting the High Court's undue emphasis on minor discrepa...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 674 OF 2006 Docid 2011 LEJ Crim SC 139087

(5) GANGADHARA PALO … Vs. THE REVENUE DIVISIONAL OFFICER AND ANOTHER …RESPONDENT(S) D.D 08/03/2011

Review Petition – Delay Condonation – High Court dismissed review petition and application for condonation of 71 days delay – Supreme Court condoned the delay, stating a liberal view should be taken for such short delays – Case remanded to High Court to decide review on merits [Paras 3-4, 16].Doctrine of Merger – Maintainability of Review – Distinction between SLP dismissed with reason...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5280 OF 2006 Docid 2011 LEJ Civil SC 970521

(6) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. BHARAT SINGH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Reservation in Single Post Cadre – Legality – High Court quashed inquiry into alleged malpractices in the selection process for Principals – Supreme Court affirmed that the post of Principal in each aided/affiliated institution being a single post in the cadre is not amenable to reservation – Emphasized that reservation in single post cadres is impermissible as it amounts to 100% reservati...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2351 OF 2011 (ARISING OUT OF SLP (C) NO. 25966 OF 2008) CIVIL APPEAL NOS. 2352-2361 OF 2011 (ARISING OUT OF SLP (C) NOS. 27077, 27522-27524, 27526-27528, 27530-27531 OF 2008 AND NO. 455 OF 2009) T.P. (C) NOS. 3 AND 1136 OF 2009 AND CONTEMPT PETITION (C) NO. 32 OF 2009 IN SLP (C) NO. 25966 OF 2008 Docid 2011 LEJ Civil SC 843462

(7) ARUNA RAMACHANDRA SHANBAUG …PETITIONER Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENTS D.D 07/03/2011

Euthanasia – Legality – Petitioner, in a persistent vegetative state for 37 years, sought permission for euthanasia – Supreme Court deliberated on the issue of passive euthanasia and the role of the judiciary in sanctioning it – Held that passive euthanasia is permissible under exceptional circumstances with the approval of the High Court, which must act as parens patriae [Paras 1-144].Pas...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 115 OF 2009 UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA Docid 2011 LEJ Crim SC 420906

(8) DEV SHARAN AND OTHERS … Vs. STATE OF U.P. AND OTHERS …RESPONDENT(S) D.D 07/03/2011

Land Acquisition – Invocation of Emergency Provision – Appellants challenged acquisition of agricultural land for construction of district jail, claiming lack of urgency and unjustified invocation of Section 17(4) of the Land Acquisition Act – High Court upheld acquisition, dismissing writ petition – Supreme Court found no real urgency justifying dispensation of Section 5A inquiry, quashed...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2334 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 8939/10) Docid 2011 LEJ Civil SC 245975

(9) ARUNA RAMACHANDRA SHANBAUG …PETITIONER Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENTS D.D 07/03/2011

Euthanasia – Legality – Petitioner, in a persistent vegetative state for 37 years, sought permission for euthanasia – Supreme Court deliberated on the issue of passive euthanasia and the role of the judiciary in sanctioning it – Held that passive euthanasia is permissible under exceptional circumstances with the approval of the High Court, which must act as parens patriae [Paras 1-144].Pas...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 115 OF 2009 UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA Docid 2011 LEJ Crim SC 767451