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) ASHOK SADARANGANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 14/03/2012

Criminal Law – Compounding of Offences – Petitioners sought quashing of criminal proceedings on basis of a compromise reached with complainant banks – Supreme Court held that non-compoundable offences could not be quashed merely due to settlement – Emphasis on the criminal intent of petitioners rather than the civil aspect of dues – Writ petition dismissed [Paras 1-22].Inherent Powers â€...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 26 OF 2011 (Under Article 32 of the Constitution of India) Docid 2012 LEJ Crim SC 702579

(2) JAI PRAKASH SINGH .....Appellant Vs. RESPONDENT(S): STATE OF BIHAR AND ANOTHER ETC. .....Respondent D.D 14/03/2012

Criminal Law – FIR and Delay – The promptness in lodging the FIR provides assurance of the informant's version – Delay can introduce colored versions and concocted stories – FIR lodged promptly within two hours in this case considered reliable [Paras 11-12].Bail – Anticipatory Bail – Distinction between regular bail (Section 439) and anticipatory bail (Section 438) – Anticipator...

REPORTABLE # CRIMINAL APPEAL NOS. 525-526 OF 2012 (Arising out of SLP (Criminal) NOS. 304-305 OF 2012) Docid 2012 LEJ Crim SC 963356

(3) RASHMI AJAY KR. KESHARWANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): AJAY KR. KESHARWANI AND OTHERS .....Respondent D.D 12/03/2012

Habeas Corpus – Custody Disputes – Writ petition by husband for custody of minor son – Habeas corpus writ should not be issued in such matters – Supreme Court held that non-bailable warrant against wife was uncalled for and illegal – High Court's order quashed [Paras 1-16].Judicial Discretion – Exercise of Habeas Corpus – Court emphasized that habeas corpus should not be issued ...

REPORTABLE # CRIMINAL APPEAL NO. 518 OF 2012 (Arising out of SLP (Criminal) No. 9113 of 2011) Docid 2012 LEJ Crim SC 811017

(4) H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs. RESPONDENT(S): RANJIT SINGH RANA .....Respondent D.D 12/03/2012

Arbitration – Post-Award Interest – Arbitrator did not exercise discretion on post-award interest – High Court awarded 18% p.a. interest from the date of award until the date of actual payment – Supreme Court held that deposit of the award amount in the High Court constitutes payment, ceasing liability for post-award interest from that date – High Court's order modified accordingly ...

REPORTABLE # CIVIL APPEAL NO. 2751 OF 2012 (Arising out of S.L.P. (C) No. 26581 of 2009) Docid 2012 LEJ Civil SC 272405

(5) VISMAY DIGAMBAR THAKARE .....Appellant Vs. RESPONDENT(S): RAMCHANDRA SAMAJ SEWA SAMITI AND OTHERS .....Respondent D.D 02/03/2012

Employment Law – Back Wages – Appellant awarded back wages by School Tribunal – High Court set aside the award – Supreme Court considered precedents on back wages entitlement even without specific assertion of non-employment – Settlement reached between parties for payment of Rupees one lakh towards back wages in full and final settlement [Paras 1-7].Judicial Precedents – Application â...

REPORTABLE # CIVIL APPEAL NO. 2708 OF 2012 (Arising out of S.L.P. (C) No. 21197 of 2010) Docid 2012 LEJ Civil SC 370174

(6) VINAYAK KASHINATH SHILKAR Vs. RESPONDENT: DY. COLLECTOR AND COMPETENT AUTHORITY AND OTHERS D.D 29/02/2012

Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 – The possession of vacant land not taken over by the State Government or Competent Authority prior to the Repeal Act’s adoption would result in abatement of proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 – Mere vesting of vacant land without actual possession does not fulfill the requirements for the a...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2615 OF 2012 (Arising out of S.L.P. (C) No. 14223 of 2009) Docid 2012 LEJ Civil SC 762085

(7) KISHOR KUMAR AND OTHERS Vs. RESPONDENT: PRADEEP SHUKLA AND OTHERS D.D 29/02/2012

Employment Law – Pharmacists' Appointment – The court dealt with the interpretation of Rule 15(2) of the Uttar Pradesh Pharmacists Service Rules, 1980 – The Rule required appointments to be made batch-wise from each year of diploma holders – Several writ petitions challenged the advertisement dated 12.11.2007 for 766 vacancies for not adhering to this interpretation – High Court’s...

REPORTABLE # CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS. 22590, 27086 OF 2011 AND 4130 OF 2012 Docid 2012 LEJ Civil SC 335566

(8) RAJENDRA PRALHADRAO WASNIK Vs. RESPONDENT: THE STATE OF MAHARASHTRA D.D 29/02/2012

Criminal Law – Conviction and Death Sentence – The appellant was convicted for the rape and murder of a three-year-old girl – The trial court sentenced him to death, which was upheld by the High Court – Supreme Court reviewed the evidence and circumstances, confirming the conviction and death sentence – Emphasized the heinous nature of the crime and the brutality involved. [Paras 1-19]Ci...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 145-146 OF 2011 Docid 2012 LEJ Crim SC 829899

(9) MANO DUTT AND ANOTHER Vs. RESPONDENT: STATE OF U.P. D.D 29/02/2012

Criminal Law – Conviction for Murder – Appellants were convicted for the murder of Siya Ram, with life imprisonment awarded by the trial court and affirmed by the High Court – The Supreme Court dismissed the appeal, holding that the prosecution had established the case beyond reasonable doubt – The involvement of the appellants in the crime was corroborated by credible witness testimonies ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 77 OF 2007 Docid 2012 LEJ Crim SC 930472