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) Dr. V. Ravi Chandran ...Appellant Vs. Union of India and Others ...Respondents D.D 17/11/2009

Criminal Writ - Child Custody – Removal from Jurisdiction – Foreign Court Orders – Habeas Corpus – Appellant-father, a U.S. citizen, filed habeas corpus petition under Article 32 seeking custody of his minor son, an American national, removed by the respondent-mother to India in violation of U.S. custody orders – Child had been missing for over two years until traced ...

REPORTABLE # CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 112 OF 2007 Docid 2009 LEJ Crim SC 733574

(2) Sebastian @ Chevithiyan ...Appellant Vs. State of Kerala Appeal against conviction and death sentence for rape and murder of a two-year-old child – Challenge to circumstantial evidence, admissibility of recovery under Section 27 of the Evidence Act, and imposition of capital punishment – Sentence modified to life imprisonment till remainder of life in terms of Swamy Shraddananda ruling. ...Respondent D.D 09/10/2009

Criminal Law – Rape and Murder of Minor – Circumstantial Evidence – Appellant convicted for kidnapping, rape and brutal murder of a two-year-old child – Recovery of stolen jewellery and frock of the victim under Section 27 Evidence Act – Presence of accused in locality admitted by defence – Medical evidence confirming sexual assault and death by smothering and d...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1568–1569 OF 2008 Docid 2009 LEJ Crim SC 978505

(3) Sonali Mukherjee ...Appellant Vs. Union of India (UOI) ...Respondent D.D 30/09/2009

Criminal Law – Murder by Poisoning – Acquittal – Appellant (A-1) convicted under Section 304 Part I IPC after initial conviction under Section 302 IPC – Co-accused (A-2) acquitted – Allegation that both accused conspired to murder deceased by administering sleeping pills (barbiturates) – No conclusive medical evidence of forcible administration – Doctor co...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 673 OF 2001 WITH CRIMINAL APPEAL NOS. 835-836 OF 2002 Docid 2009 LEJ Crim SC 714832

(4) Surender Kumar Sharma ...Appellant Vs. Makhan Singh ...Respondent D.D 18/09/2009

Civil Procedure – Amendment of Pleadings – Order 6 Rule 17 CPC – Delay – Amendment sought by plaintiff in eviction suit rejected by trial court and affirmed by High Court on ground of delay – Supreme Court held delay alone is not a valid ground to reject amendment – Amendment can be allowed even at a late stage if it helps resolve the real controversy between th...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6400 OF 2009 (Arising out of SLP (C) No. 30468 of 2008) Docid 2009 LEJ Civil SC 986754

(5) Union of India (UOI) and Others ...Appellants Vs. A.K. Pandey ...Respondent D.D 16/09/2009

Military Law – General Court Martial – Rule 34 of Army Rules – Mandatory Nature – Respondent charged under Army Act and tried by General Court Martial within less than 96 hours from being informed of charges – Supreme Court held that the 96-hour interval stipulated in Rule 34 is mandatory, not directory – Purpose is to ensure fair opportunity to the accused for ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6181 OF 2002 Docid 2009 LEJ Civil SC 856036

(6) Vishnu ...Appellant Vs. State of Rajasthan ...Respondent D.D 15/09/2009

Criminal Law – Common Object – Section 149 IPC – Unlawful Assembly – Murder – Land Dispute – Appellants armed with sticks and axes assaulted members of the complainant’s family in connection with a long-standing land dispute – Sukh Lal chased and fatally beaten by multiple assailants – Prosecution proved that the accused formed an unlawful asse...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 891 OF 2006 Docid 2009 LEJ Crim SC 357371

(7) Charan Dass (Dead) by L.Rs. ...Appellant Vs. Himachal Pradesh Housing and Urban Development Authority and Others ...Respondents D.D 07/09/2009

Land Acquisition – Determination of Market Value – Comparable Sale Instances – Deduction for Development Charges – Land acquired for Housing Board Colony at Shoghi, Shimla – Notification under Section 4 dated 06.11.1990 – Land Acquisition Collector awarded Rs. 32,073/- to Rs. 7,785/- per Bigha depending on classification – District Judge enhanced market va...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2213–2214 OF 2001 AND 2090–2101 OF 2004 Docid 2009 LEJ Civil SC 619165

(8) Shree Vardhman Rice and Gen Mills ...Appellant Vs. Amar Singh Chawalwala ...Respondent D.D 07/09/2009

Civil Procedure – Trademark and Copyright Suits – Expeditious Disposal – Petition against Delhi High Court order restraining the appellants from using the words ‘HARA QILLA’ and device ‘QILLA’ as trademark on rice packaging – Supreme Court observed that in intellectual property matters, litigation often remains confined to interlocutory injunctions f...

NON REPORTABLE # CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 21594 OF 2009 Docid 2009 LEJ Civil SC 352307

(9) Anil Kumar Jain ...Appellant Vs. Maya Jain ...Respondent D.D 01/09/2009

Family Law – Mutual Consent Divorce – Withdrawal of Consent – Irretrievable Breakdown of Marriage – Petition under Section 13B filed by both parties – Wife withdrew consent at second stage – Trial Court and High Court dismissed petition relying on Sureshta Devi – Supreme Court held consent must subsist until decree – However, exercised power under Ar...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5952 OF 2009 (Arising out of Special Leave Petition (Civil) No. 14361 of 2007) Docid 2009 LEJ Civil SC 645447