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 'Fraud And Justice Cannot Dwell Together': Karnataka High Court Quashes 30-Year-Old Land Acquisition After Records Of Compensation Go Missing Electricity Authorities Cannot Determine Civil Liability For Energy Theft Under Section 135; Only Special Court Empowered: Madhya Pradesh High Court State Cannot Exploit Employees By Keeping Them On Part-Time Basis For Decades To Deny Old Pension Scheme: Punjab & Haryana HC

(1) GIRISH RAMCHANDRA DESHPANDE .....Appellant Vs. RESPONDENT(S): CENTRAL INFORMATION COMMISSIONER AND OTHERS .....Respondent D.D 03/10/2012

Right to Information – Exemption of Personal Information – Information relating to the personal matters of a public servant, such as service career details, assets, and liabilities, is exempt from disclosure under Section 8(1)(j) of the RTI Act – Disclosure of such information must serve a larger public interest – Appellant failed to establish bona fide public interest – Appeal dismissed...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NO. 27734 OF 2012 (Arising out of CC 14781 of 2012) Docid 2012 LEJ Civil SC 757476

(2) VINOD KAPOOR .....Appellant Vs. RESPONDENT(S): STATE OF GOA AND OTHERS .....Respondent D.D 03/10/2012

Civil Procedure – Special Leave Petition – Withdrawal and Finality – An SLP withdrawn without liberty to file afresh precludes subsequent challenge under Article 136 – Review petition rejection not appealable under Order 47 Rule 7 CPC – Earlier SLP withdrawal bars re-litigation on the same grounds [Paras 1-12].Town and Country Planning – Unauthorized Construction – Coastal Regulation...

REPORTABLE # CIVIL APPEAL NOs. 8643-8644 OF 2003 Docid 2012 LEJ Civil SC 570166

(3) M.R. PRABHAKAR AND OTHERS .....Appellant Vs. RESPONDENT(S): CANARA BANK AND OTHERS .....Respondent D.D 03/10/2012

Banking Regulations – Pension Eligibility – Resignation vs. Retirement – Officers who resigned before the implementation of the Canara Bank Pension Regulations, 1995, are not entitled to pension benefits as resignation does not equate to retirement under the Regulations – Distinction between resignation and voluntary retirement upheld – Appeal dismissed [Paras 1-21].Pension Regulations â...

REPORTABLE # CIVIL APPEAL NOs. 7188-7191 OF 2012 (Arising out of SLP (Civil) No's. 30983-30986 of 2008) CIVIL APPEAL NOs. 7185-7186 OF 2012 (Arising out of SLP (C) No's. 30975-30977 of 2008) CIVIL APPEAL NOs. 7192-7193 OF 2012 (Arising out of SLP (C) No's. 30987-30988 of 2008) CIVIL APPEAL NOs. 7194-7195 OF 2012 (Arising out of SLP (C) No's. 30989-30990 of 2008) Docid 2012 LEJ Civil SC 413267

(4) MANHARIBHAI MULJIBHAI KAKADIA AND ANOTHER .....Appellant Vs. RESPONDENT(S): SHAILESHBHAI MOHANBHAI PATEL AND OTHERS .....Respondent D.D 01/10/2012

Criminal Procedure – Right to Hearing in Revision – Suspects in criminal complaints are entitled to be heard in revision petitions filed by complainants challenging the dismissal of complaints by Magistrates under Section 203 CrPC – High Court's order rejecting the application of suspects for impleadment in revision proceedings overturned – Emphasized the requirement of Section 401(2)...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1577 OF 2012 (Arising out of SLP (Criminal) No. 446 of 2007) Docid 2012 LEJ Crim SC 311759

(5) MANUBHAI RATILAL PATEL TR. USHABEN .....Appellant Vs. RESPONDENT(S): STATE OF GUJARAT AND OTHERS .....Respondent D.D 28/09/2012

Criminal Procedure - Remand of Accused - Writ of Habeas Corpus - Appellant challenged the legality of detention following remand orders passed by a competent Magistrate under Sections 167 and 309 CrPC - Supreme Court held that a writ of habeas corpus is not to be entertained if detention results from a judicial order that is not without jurisdiction or wholly illegal - Detention affirmed [Paras 1-...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1572 OF 2012 (Arising out of S.L.P. (Criminal) No. 6468 of 2012) Docid 2012 LEJ Crim SC 123258

(6) SPEAKER HARYANA VIDHAN SABHA .....Appellant Vs. RESPONDENT(S): KULDEEP BISHNOI AND OTHERS .....Respondent D.D 28/09/2012

Constitutional Law – Jurisdiction of High Court – Interim Orders – High Court issued interim orders restraining MLAs from functioning as members of the Assembly during pendency of disqualification petitions before the Speaker – Supreme Court held High Court had no jurisdiction to pass such interim orders – Speaker’s decision under Paragraph 6 of Tenth Schedule must precede judicial rev...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7125 OF 2012 (Arising out of SLP (C) No. 54 of 2012) Docid 2012 LEJ Civil SC 326051

(7) CHLORO CONTROLS (I) P. LTD. .....Appellant Vs. RESPONDENT(S): SEVERN TRENT WATER PURIFICATION INC. AND OTHERS .....Respondent D.D 28/09/2012

Arbitration – Reference to Arbitration – Section 45 of Arbitration and Conciliation Act, 1996 – Court’s role in determining validity and applicability of arbitration agreement – Right to reference is legal, not absolute – Court must refer parties to arbitration unless agreement is null, void, or incapable of being performed – Greater obligation to refer matters to arbitration compare...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7134 OF 2012 (Arising out of SLP (C) No. 8950 of 2010) With CIVIL APPEAL NOs. 7135-7136 OF 2012 (Arising out of SLP (C) No's. 26514-26515 of 2011) Docid 2012 LEJ Civil SC 159631

(8) IN RE: SPECIAL REFERENCE NO. 1 OF 2012 .....Appellant Vs. RESPONDENT(S): NOT APPLICABLE .....Respondent D.D 27/09/2012

Constitutional Law – Presidential Reference – Article 143(1) – Scope and Breadth – Supreme Court has discretionary power to decline to answer a reference for good reasons – Satisfaction of the President regarding the nature and importance of the questions is essential – No mandatory format required for the reference [Paras 23-33].Disposal of Natural Resources – Methods – Auction as...

REPORTABLE # SPECIAL REFERENCE NO. 1 OF 2012 (Under Article 143(1) of the Constitution of India) Docid 2012 LEJ Civil SC 184494

(9) LAXMAN .....Appellant Vs. RESPONDENT(S): THE STATE OF MAHARASHTRA .....Respondent D.D 27/09/2012

Criminal Law – Murder – Conviction – Delay in lodging FIR explained – Prosecution case supported by medical evidence – Evidence of PWs inspiring confidence – Conviction affirmed [Paras 1-16].Delay in FIR – Explained – Delay in lodging FIR due to efforts to save the life of the deceased – Incident occurred at 7 a.m., FIR lodged after the deceased died at 7:30 p.m. [Para 11].Witnes...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 246 and 247 of 2008 Docid 2012 LEJ Crim SC 514431