Agreement to Sell Creates No Right In Property: Allahabad High Court Sets Aside Trial Court Order Allowing Vendees To Be Impleaded In Partition Suit Uploading Notice on E-Portal Is Not Service in the Eyes of Law: Jharkhand High Court Quashes Reassessment for Breach of Section 148 Notice Requirements She Had Nothing to Gain, No Reason to Lie: Delhi High Court Upholds Murder Conviction of Husband and Son Solely on Dying Declarations of Burnt Woman Delay in Forwarding Material under Section 19(2) Not Fatal When Grounds of Arrest Are Communicated Immediately: Calcutta High Court Upholds ED Arrest in ₹6210 Crore PMLA Case Disqualification Proceedings Are Not Criminal Trials — Speaker Applied a Flawed Yardstick of ‘Beyond Reasonable Doubt’: Calcutta High Court Strikes Down Speaker’s Order in Defection Case Against AITC-Backed MLA Sales Tax | Furnace Oil Cannot Be Treated As 'Plant and Machinery' Merely Because It Powers the Boiler: Bombay High Court 28 Years of Service Can’t Be Labelled Temporary: Andhra Pradesh High Court Upholds Regularization of Daily Wage Workers in Municipal Water Supply Clause Creating Perpetual Tenancy Is Void Without Registration – Allahabad High Court Rejects Tenant’s Defense Based On Unregistered Rent Deed Delay of Two Years in Lodging FIR Remains Unexplained — No Justification for Further Custody: Karnataka High Court Grants Bail Dismissal of Cheque Bounce Complaint for Default is Acquittal — Victim Can Appeal Without Seeking Leave: Punjab & Haryana High Court Where Victim Is Last Seen With Accused and Dies Soon After, Burden Shifts on Accused Under Section 106 Evidence Act and Section 29 POCSO: Patna High Court Registered Sale Agreement Can Be a Mask for Loan Security, Not a Binding Promise of Sale: Madras High Court Declares Oral Evidence Admissible to Expose Real Intention Personal Hearing Must Be Read Into Every Disciplinary Proceeding, Even If Rules Are Silent: Kerala High Court Cheating Allegations Cannot Be Brushed Aside Merely Because Civil Suits Are Pending: Telangana High Court Cyber Fraud Cannot Be Treated as a Mere Private Dispute Resolved by Money: Punjab & Haryana High Court Refuses to Quash FIR Despite Compromise Presumption Under Section 113-B Cannot Arise Without Proof of Dowry Harassment Soon Before Death: Allahabad High Court Upholds Acquittal in Dowry Death Case Conviction Cannot Rest on Recovery Alone from Shared Space: Supreme Court Acquits Man Accused of Murder Expert Opinion Is Weak Evidence – Dying Declaration Without Corroboration Cannot Convict: Andhra Pradesh High Court Acquits Man Accused of Wife’s Murder Order VIII Rule 1 Is Directory in Non-Commercial Suits—Striking Off Defence Without Considering Section 8 Arbitration Application Not Sustainable: Punjab and Haryana High Court Title Perfected Under Tenancy Act Cannot Be Reopened by Civil Court Without Proof of Fraud: Bombay High Court Dismisses Partition Suit Harassment Alone Isn’t Enough — There Must Be a Direct and Proximate Act That Drives Suicide: Gujarat High Court Acquits Accused in Section 306 IPC Case Police Report Is Not a Valid Complaint under Section 195 CrPC; Cognizance for Section 188 IPC Offence Without Public Servant’s Complaint Is Void: Andhra Pradesh High Court Assessee Cannot Be Asked To Prove 'Source of Source' For Pre-Amendment Loans: Delhi High Court Affirms ITAT Deletion of ₹10 Cr Addition Under Section 68 Statutory Remedies Cannot Be Bypassed by Filing a Writ Petition Years Later: Supreme Court Dismisses Delayed Challenge to Revenue Auction

(1) Darshan Singh ...Appellant Vs. State of Punjab and Another ...Respondents D.D 15/01/2010

Criminal Law – Right of Private Defence – Murder Charge – Acquittal Restored – Appellant, while accompanying his father (co-accused Bakhtawar Singh), fired two shots from his licensed gun when deceased Gurcharan Singh, armed with a Gandasa, attacked his father and caused a deep incised wound on his head – Appellant claimed he apprehended imminent danger to his own and...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1057 OF 2002 Docid 2010 LEJ Crim SC 311452

(2) Union of India (UOI) etc. ...Appellant Vs. Rakesh Kumar and Others etc. ...Respondents D.D 12/01/2010

Panchayati Raj – Scheduled Areas – 100% Reservation for Chairpersons – Constitutional Validity – Article 243M(4)(b), PESA Act, 1996 – Sections 21(B), 40(B), 55(B) of the Jharkhand Panchayat Raj Act, 2001 – High Court held cent-percent reservation of Chairperson posts unconstitutional as excessive and violative of Article 14 – Supreme Court reversed –...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 484–491 OF 2006, 209–217 OF 2010 (ARISING OUT OF SLP (C) NOS. 21123–25, 21129, 21131, 23887 OF 2005, 2535, 3274 OF 2006 & 6325 OF 2008) Docid 2010 LEJ Civil SC 969061

(3) Jitendra Kumar Singh and Another ...Appellants Vs. State of U.P. and Others ...Respondents D.D 08/01/2010

Reservation – Adjustment of Reserved Category Candidates in General Quota – Concessions vs. Merit – Appellants challenged selection of reserved category candidates adjusted in general category despite availing fee/age relaxation – Held: Relaxation in age and fee under Section 8 of the 1994 Act relates to eligibility and does not affect the selection standard – Reserve...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 74-81 OF 2010 (Arising out of SLP (C) Nos. 1952, 1959, 1967, 7739, 14078–14080 of 2008 and 19100 of 2009) Docid 2010 LEJ Civil SC 553841

(4) Daya Singh and Another ...Appellants Vs. Gurdev Singh (Dead) by L.Rs. and Others ...Respondents D.D 07/01/2010

Limitation – Declaratory Relief – Article 58, Limitation Act, 1963 – Accrual of Cause of Action – Mere existence of wrong entry in revenue records not sufficient to give rise to cause of action – Right to sue arises only when right asserted is infringed or threatened – Suit for declaration filed on 21.08.1990 after parties’ compromise of 26.10.1972 alleged...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5339 OF 2002 Docid 2010 LEJ Civil SC 802091

(5) Harjinder Singh ...Appellant Vs. Punjab State Warehousing Corporation ...Respondent D.D 05/01/2010

Industrial Law – Retrenchment – Section 25G ID Act – Rule of “last come, first go” – Violation established – Labour Court’s award of reinstatement with 50% back wages justified – High Court substituted compensation of Rs. 87,582/- on erroneous assumption of illegal appointment – Held: High Court exceeded jurisdiction under Articles 226/22...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 587 OF 2010 (Arising out of SLP (C) No. 6966 of 2009) Docid 2010 LEJ Civil SC 840148

(6) Pannalal Jankidas ...Appellant Vs. Mohanlal and Another ...Respondents D.D 21/12/2009

Contract Law - Agency – Duty to Insure – Negligence of Agent – Section 211 & 212 Contract Act – Agent Liable as Insurer – The appellants, acting as commission agents, undertook to insure 92 bales of piecegoods for the respondents but failed to do so – Goods were destroyed in the Bombay dock explosion of 14 April 1944 – Held: Where an agent agrees to in...

REPORTABLE # CIVIL APPELLATE JURISDICTION Docid 1950 LEJ Civil SC 620996

(7) Sharda ...Appellant Vs. State of Rajasthan ...Respondent D.D 15/12/2009

Criminal Law – Murder – Dying Declarations – Acquittal – Deceased Sarla suffered 90% burns in her matrimonial home – Three dying declarations recorded – In first two statements (Exh. D-3 and Exh. P-3), deceased stated she sustained injuries accidentally while cooking – In third dying declaration (Exh. P-18), recorded three days later by Executive Magistrat...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 699 OF 2008 Docid 2009 LEJ Crim SC 842315

(8) Dalip Singh …Appellant Vs. State of U.P. and Others …Respondents D.D 03/12/2009

Litigation – Duty of Candour – Clean Hands Doctrine – Litigant must come to court with true, complete, and candid disclosure of facts – Courts are not to grant relief to a party who suppresses material facts or misleads the court – Held: A litigant who pollutes the stream of justice or touches the fountain of justice with tainted hands is not entitled to any relief, i...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 5239 of 2002 Docid 2009 LEJ Civil SC 279360

(9) Wahid Khan ...Appellant Vs. State of Madhya Pradesh ...Respondent D.D 01/12/2009

Criminal Law – Rape – Conviction – Minor Victim – Intact Hymen – Slightest Penetration is Sufficient – Appellant found committing rape on 12-year-old prosecutrix in bushes by police officer (P.W.3) – Prosecutrix, though initially declared hostile, gave consistent account corroborated by FIR, medical history (Exh. P-9), and eyewitness testimony – Medi...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1798 OF 2008 Docid 2009 LEJ Crim SC 872959