TRAI Issuing Directions To Enforce Regulations Is Not 'Adjudication' Of Dispute, Does Not Usurp TDSAT's Jurisdiction: Supreme Court Candidate Can Challenge Selection Process After Participating If Arbitrariness Is Writ Large Or Rules Changed Mid-Way: Supreme Court Selection Committee Cannot Superimpose Additional Cut-Off Marks Not Prescribed In Rules: Supreme Court Litigants Must Ordinarily Approach High Court First For Quashing FIRs, Article 32 Is For Exceptional Circumstances: Supreme Court Supreme Court Refuses To Club Multiple FIRs In Cyber Fraud Case, Says Similar Modus Operandi Does Not Constitute 'Same Transaction' Layman Borrowers Not Liable For Forgery If Even Bank's Legal Experts Failed To Detect Fabrication In Title Deeds: Allahabad High Court Kerala High Court Orders Travancore Devaswom Board To Digitise Sabarimala Asset Inventory, Says Current Records Resemble 'Betel Shop' Ledger Second Husband In Void Marriage Cannot Be Prosecuted For Dowry Death Under Section 80 BNS: Allahabad High Court Cohabitation Of Barely 3 Months Insufficient To Trigger Presumption Of Live-In Relationship For Maintenance: Bombay High Court SC/ST Act Case Filed By Suspended Head Constable To 'Wreck Vengeance' Against Investigating Officers Quashed: Andhra Pradesh High Court Non-Compliance With Order For Production Of Documents Under O.11 R.14 CPC Cannot Warrant Striking Off Defence: Calcutta High Court Omission To Put Dying Declaration To Accused Under Section 313 CrPC Makes It Inadmissible, But Doesn't Demolish Entire Prosecution Case: Delhi High Court Victim's Appeal Against Magistrate's Acquittal Order Lies Before Sessions Court Under Section 413 BNSS: Gujarat High Court

(1) ATLAS CYCLE (HARYANA) LTD. .....Appellant Vs. KITAB SINGH .....Respondent D.D 24/01/2013

Industrial Law – Wrongful Termination – Respondent allegedly forced to resign – Labour Court found resignation voluntary – High Court overturned, finding resignation coerced – Supreme Court upheld High Court's decision, emphasizing the need for compliance with Section 25F of the Industrial Disputes Act for lawful termination [Paras 5-12].Writ Jurisdiction – Articles 226 and 227 â€...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 673 OF 2013 (Arising out of SLP (C) No. 1674 of 2009) Docid 2013 LEJ Civil SC 689694

(2) MOHD. MEHTAB KHAN AND OTHERS .....Appellant Vs. KHUSHNUMA IBRAHIM AND OTHERS .....Respondent D.D 24/01/2013

Civil Procedure – Interim Mandatory Injunction – Suit under Section 6 of the Specific Relief Act – Plaintiffs claimed possession of properties based on a marital relationship with deceased Ibrahim Khan – Alleged dispossession after his death – Trial Judge refused interim relief – Appellate Bench reversed decision granting possession to plaintiffs – Supreme Court emphasized high thres...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 678 OF 2013 (Arising out of SLP (Civil) No. 31559 of 2012) Docid 2013 LEJ Civil SC 647396

(3) THANA SINGH .....Appellant Vs. CENTRAL BUREAU OF NARCOTICS .....Respondent D.D 23/01/2013

Criminal Law – Right to Speedy Trial – Prolonged Detention – Appellant detained for over twelve years awaiting trial under NDPS Act – Supreme Court highlighted the need for expeditious trial and the fundamental right to speedy trial under Article 21 – Issued comprehensive directions to address delays in NDPS cases [Paras 1-4].Judicial Reforms – Procedural Efficiency – Directed immedi...

REPORTABLE # CRIMINAL APPEAL No. 1640 OF 2010 Docid 2013 LEJ Crim SC 748392

(4) PRASHANT BHARTI .....Appellant Vs. STATE OF NCT OF DELHI .....Respondent D.D 23/01/2013

Criminal Law – False Allegations – Complainant accused appellant of misbehaving and administering intoxicants – Subsequent charges of rape on false promise of marriage – Mobile phone records disproved complainant's presence at the alleged crime scene – No scientific evidence supporting poisoning claims – Charges found baseless [Paras 2-21].Evidentiary Standards – Mobile Phone Ca...

REPORTABLE # CRIMINAL APPEAL No. 175 of 2013 (Arising out of SLP (Criminal) No. 1800 of 2009) Docid 2013 LEJ Crim SC 930572

(5) C.P. SUBHASH .....Appellant Vs. INSPECTOR OF POLICE CHENNAI AND OTHERS .....Respondent D.D 23/01/2013

Criminal Law – Forgery and Fabrication – Complaint alleged forgery of sale deeds to claim ownership of land – High Court quashed FIR and investigation – Supreme Court held allegations sufficient to constitute offences – Emphasized need for thorough investigation to ascertain facts [Paras 3-10].Judicial Review – Section 195 CrPC – Applicability – High Court erred in applying Section...

REPORTABLE # CRIMINAL APPEAL No. 176 of 2013 (Arising out of S.L.P. (Criminal) No. 1962 of 2011) Docid 2013 LEJ Crim SC 489776

(6) MS. OSWAL AGRO MILLS LTD. .....Appellant Vs. PUNJAB STATE ELECTRICITY BOARD AND OTHERS .....Respondent D.D 23/01/2013

Electricity Law – Load Surcharge – Appellant's installation of TG Sets – Permission granted by Chief Engineer Commercial of Respondent No. 1 – Demand notice issued by Respondent for unauthorized load – High Court upheld demand – Supreme Court quashes demand, holding that TG Sets were sanctioned and thus not unauthorized [Paras 1-15].Legal Compliance – Conditional Permission – ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 662-663 OF 2013 (Arising out of S.L.P. (C) Nos. 32975-32976 of 2009) Docid 2013 LEJ Civil SC 696763

(7) RAJESH GUPTA .....Appellant Vs. STATE OF JAMMU & KASHMIR AND OTHERS .....Respondent D.D 23/01/2013

Service Law – Premature Retirement – Appellant prematurely retired based on recommendations of High Powered Review Committee – High Court upheld retirement – Supreme Court quashes retirement, finding lack of sufficient material to support allegations of misconduct and possession of disproportionate assets – Integrity and performance records of appellant found to be excellent [Paras 1-34]...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 952 OF 2013 (Arising out of S.L.P. (C) No. 14065 of 2011) Docid 2013 LEJ Civil SC 967325

(8) RAJIV THAPAR AND OTHERS .....Appellant Vs. MADAN LAL KAPOOR .....Respondent D.D 23/01/2013

Criminal Law – Unnatural Death – Appellants accused of causing death of appellant's wife by poisoning – Post-mortem, forensic reports, and inquest found death due to natural causes (cardiac issues) – High Court reversed trial court's discharge of accused – Supreme Court quashes criminal proceedings, finding no prima facie case [Paras 1-34].Judicial Review – Quashing of Crimin...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 174 OF 2013 (Arising out of S.L.P. (Criminal) No. 4883 of 2008) Docid 2013 LEJ Civil SC 628871

(9) SATYA NAND MUNJAL .....Appellant Vs. COMMISSIONER OF GIFT TAX .....Respondent D.D 22/01/2013

Taxation – Gift Tax – Revocable Transfer – Appellant executed a revocable gift of 6000 equity shares – Bonus shares issued to transferee during gift period – Assessee revoked gift, retaining original shares but not bonus shares – Reassessment for 1989-90 treated bonus shares as a gift – High Court upheld reassessment – Supreme Court quashes reassessment, remands case for considerat...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3914 AND 3915 OF 2010 Docid 2013 LEJ Civil SC 246168