(1) REBEKA MINZ AND OTHERS ... Vs. DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD. AND ANOTHER ...RESPONDENT D.D 23/08/2012

Motor Vehicles Act – Just Compensation – Sections 166, 168, 173: High Court reduced compensation and interest rate without assigning reasons – Supreme Court held such non-speaking orders as calling for interference – Determined appropriate compensation based on established legal principles and precedents – Multiplier of 16 applied for a 35-year-old deceased – Compensation recalculated ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5399-5400 OF 2012 Docid 2012 LEJ Civil SC 845576

(2) THE REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES BANGALORE Vs. RESPONDENT(S): G. HEMLATHA AND OTHERS D.D 23/08/2012

Education – Admission – Qualifying Marks – Appellant challenged the decision allowing respondent's admission to a post-graduate course by rounding off her marks from 54.71% to 55% – Supreme Court held that when eligibility criteria are prescribed, they must be strictly adhered to without any rounding off – Appeal allowed, setting aside the decisions of the High Court and the Single ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5992 OF 2012 (Arising out of Special Leave Petition (Civil) No. 8442 of 2011) Docid 2012 LEJ Civil SC 164338

(3) RAM ASHISH DIXIT Vs. RESPONDENT: CHAIRMAN, PURVANCHAL GRAMIN BANK LTD. AND ANOTHER D.D 22/08/2012

Promotion and Disciplinary Actions – Appellant was denied promotion due to disciplinary proceedings and subsequent minor penalties – Appellant argued non-promotion constituted double punishment violating Articles 14 and 16 of the Constitution – Supreme Court held non-promotion due to pending disciplinary actions and minor penalties is not double punishment but a consequence of conduct [Paras...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6072 OF 2012 (Arising out of S.L.P. (C) No. 20296 of 2007) Docid 2012 LEJ Civil SC 739131

(4) DEVINDER SINGH NARULA …..Appellant Vs. RESPONDENT: MEENAKSHI NANGIA …..Respondent D.D 22/08/2012

Divorce by Mutual Consent – Cooling Period – Appeal against the fixing of second motion after six months for mutual divorce under Section 13B of the Hindu Marriage Act – Supreme Court invoked its powers under Article 142 to grant divorce without the cooling period, given irreconcilable differences and prolonged separation – Legislature’s intention of saving marriages through a cooling pe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5946 OF 2012 (Arising out of SLP (C) No. 21084 of 2012) Docid 2012 LEJ Civil SC 570562

(5) STATE OF HARYANA AND OTHERS …..Appellants Vs. RESPONDENT(S): VIJAY SINGH AND OTHERS …..Respondents D.D 22/08/2012

Seniority – Ad hoc service – Appellants challenged the High Court’s direction to count ad hoc service towards seniority – High Court had held that ad hoc service must be included for seniority calculation – Supreme Court reversed the decision, emphasizing appointments were purely ad hoc and not according to rules – Seniority to be fixed by dates of regular appointment, not ad hoc servi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5947 OF 2012 (Arising out of SLP (C) No. 29274 of 2009) Docid 2012 LEJ Civil SC 208760

(6) STATE OF U.P. …..Appellant Vs. RESPONDENT: SANJAY KUMAR …..Respondent D.D 21/08/2012

Criminal Law – Commutation of Death Sentence – Respondent convicted of rape and murder of an 18-year-old girl – Trial court awarded death sentence, considering it as "rarest of rare" – High Court commuted to life imprisonment – Supreme Court upheld commutation, affirming the High Court’s decision not to impose death penalty as case did not fit "rarest of rare" crite...

REPORTABLE # SPECIAL LEAVE PETITION (CRIMINAL) NO. 6467 OF 2012 (Crl. M.P. No. 17082 of 2012) Docid 2012 LEJ Crim SC 269538

(7) VIDUR IMPEX AND TRADERS PVT. LTD. AND OTHERS …..Appellants Vs. RESPONDENT: TOSH APARTMENTS PVT. LTD. AND OTHERS …..Respondents D.D 21/08/2012

Impleadment of Parties – Civil Procedure – Appeal against High Court's dismissal of application for impleadment as parties to a suit for specific performance – Appellants had purchased property during pendency of the suit in violation of an injunction order – Supreme Court upheld High Court's decision, holding Appellants neither necessary nor proper parties due to the clandestine...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5918 OF 2012 (Arising out of SLP (C) No. 11501 of 2009) Docid 2012 LEJ Civil SC 523185

(8) GHANSHYAM DASS GUPTA …..Appellant Vs. RESPONDENT: MAKHAN LAL …..Respondent D.D 21/08/2012

Dismissal of Appeal for Default – Civil Procedure – Appeal against High Court’s dismissal of an appeal for default where the appellant’s lawyer did not appear – High Court decided the appeal on merits without representation for the appellant – Supreme Court held that as per Order 41 Rule 17(1) CPC, the High Court should have dismissed the appeal for default or adjourned the hearing, no...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5950 OF 2012 (Arising out of SLP (C) No. 13475 of 2012) Docid 2012 LEJ Civil SC 584570

(9) Subhash Krishnan Vs. RESPONDENT: State of Goa D.D 17/08/2012

Criminal Law – Conspiracy and Murder Conviction – Conviction of the appellant for conspiracy and murder affirmed – Identification of the appellant by witnesses and corroborative evidence deemed satisfactory – High Court upheld the trial court’s findings despite procedural contentions raised by the appellant [Paras 1-27].Eyewitness Testimony – Identification Parade – Importance of pro...

REPORTABLE # Criminal Appeal No. 1089 of 2010 Docid 2012 LEJ Crim SC 242018