Ocular Evidence Prevails Over Medical Findings: Bombay High Court Upholds Rape Conviction Despite Negative Semen Report & Police Lapses High Court Cannot Pass Inconsistent Orders: Supreme Court Quashes Demolition Order Passed Despite Earlier Restraint In CMDA Regularisation Dispute Supreme Court Upholds Validity Of Open University Degrees Obtained Prior To 2017 Cut-Off Must Be A Polluter Before Being Held Absolutely Liable: Supreme Court Sets Aside NGT Order Against Art Of Living Over Yamuna Event, Orders ₹5 Cr Refund Father Cannot Be Deprived Of Minor's Custody Unless Proved Unfit: Allahabad High Court Hands Over 4-Yr-Old Child To Father, Sets Aside Trial Court Order Right To Speedy Trial Under Article 21 Integral To Personal Liberty': Punjab & Haryana High Court Grants Bail As 24 Witnesses Remain Unexamined No Specific Chemical Opinion That Seized Substance Was Ganja: Gujarat High Court Upholds Acquittal Under Section 2(iii)(b) NDPS Act Mere Pendency Of Criminal Cases Simplicitor No Ground For Externment': Karnataka High Court Quashes Raichur SDM Order Order VI Rule 16 CPC | Defendants Enjoy Greater Latitude In Altering Defence: Punjab & Haryana High Court Explains Doctrinal Leeway Under CPC Boarding Running Train Not Self-Inflicted Injury: Delhi High Court Sets Aside Order Denying Compensation Possession Of One Co-Sharer Is Possession Of All: J&K&L High Court Cannot Invoke Article 226 For Registering FIR Or Restoring Water Supply: Kerala High Court Natural Guardian's Sale Of Minor's Property Without Court Nod Is Voidable, Extinguishes If Not Challenged Within 3 Years Of Majority: Madras High Court Orissa High Court Rejects Cancer-Survivor Husband's Plea To Transfer Maintenance Case Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Defect In Served Copy Of Affidavit Not Fatal: Supreme Court Restores Election Petition Challenging Lok Sabha Poll Result, Clarifies Law On Form-25 Attestation

(1) BHUSHAN KUMAR AND ANOTHER .....Appellant Vs. RESPONDENT(S): STATE (NCT OF DELHI) AND ANOTHER .....Respondent D.D 04/04/2012

Criminal Procedure – Summoning Order – The appellants challenged the summoning order issued by the Metropolitan Magistrate under Section 204 CrPC in a property dispute involving allegations of cheating under Section 420 IPC. The Delhi High Court rejected their petition under Section 482 CrPC to quash the summoning order, prompting the present appeals [Paras 3-4].Cognizance and Summoning – Th...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 612 of 2012 (Arising out of S.L.P. (Criminal) No. 9953 of 2010) and Criminal Appeal No. 613 of 2012 (Arising out of S.L.P. (Criminal) No. 9958 of 2010) Docid 2012 LEJ CrimSC 888687

(2) AMRIT BHANU SHALI AND OTHERS .....Appellant Vs. RESPONDENT(S): NATIONAL INSURANCE CO. LTD. AND OTHERS .....Respondent D.D 04/04/2012

Motor Vehicles Act – Compensation – The appellants, dependents of the deceased Ritesh Bhanu Shali, challenged the High Court's reduction of compensation awarded by the Motor Accident Claims Tribunal, Raipur. The Tribunal had determined compensation based on the deceased’s income, but the High Court applied a different multiplier and reduced the compensation amount [Paras 1-3].Dependency...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 3397 of 2012 (Arising out of SLP (C) No. 27751 of 2011) Docid 2012 LEJ Civil SC 150213

(3) KESRI COMMISSARIAT AND OTHERS .....Appellant Vs. RESPONDENT(S): MINISTRY OF FOOD AND CIVIL SUPPLIES, GOVT. OF MAHARASHTRA, MUMBAI AND ANOTHER .....Respondent D.D 03/04/2012

Rent Control – Exemption and Protection – The court examined whether the premises leased to the New India Assurance Company Ltd. (Defendant No. 1) and sublet to the Ministry of Food and Civil Supplies (Defendant No. 2) were exempt from the provisions of the Maharashtra Rent Control Act, 1999. The plaintiffs sought recovery of possession, claiming the subtenancy was unauthorized and the defenda...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 3356-3357 of 2012 (Arising out of SLP (C) Nos. 3273-3277 of 2011) Docid 2012 LEJ Civil SC 819924

(4) YOGENDRA PRATAP SINGH .....Appellant Vs. RESPONDENT(S): SAVITRI PANDEY AND ANOTHER .....Respondent D.D 03/04/2012

Negotiable Instruments Act – Premature Complaint – The appellant challenged the High Court's order which quashed the Magistrate's order taking cognizance of the offense under Section 138 NI Act. The complaint was filed before the expiry of the 15-day period stipulated for payment after notice of dishonor, rendering it premature [Paras 1-3].Legal Framework and Timeliness – Section 1...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 605 of 2012 (Arising out of SLP (Criminal) No. 5761 of 2010) Docid 2012 LEJ CrimSC 865098

(5) MODERN DENTAL COLLEGE AND RESEARCH CENTRE AND OTHERS .....Appellant Vs. RESPONDENT(S): STATE OF MADHYA PRADESH AND OTHERS .....Respondent D.D 03/04/2012

Educational Institutions – NRI Quota – The appellants challenged the transfer of unfilled NRI seats to the general pool to be shared equally between the State and private unaided colleges. The High Court upheld the 2007 Act and Rules, leading to the appeal in the Supreme Court [Paras 1-4].Judicial Precedent and Interpretation – The court considered whether unfilled NRI seats should be transf...

REPORTABLE # CIVIL APPELLATE JURISDICTION IA No's. 57 and 59 in Civil Appeal No. 4060 of 2009 Docid 2012 LEJ Civil SC 814964

(6) STATE OF KERALA AND ANOTHER .....Appellant Vs. RESPONDENT(S): P.V. MATHEW (DEAD) BY L.RS. .....Respondent D.D 02/04/2012

Kerala Forest Act – Confiscation of Vehicle – The appeal concerns the legality of confiscating a vehicle used for transporting ivory under the Kerala Forest Act. The High Court ruled that ivory is not "forest produce" under the amended Act, thus invalidating the confiscation order [Paras 1-3].Forest Produce Definition – The court examined the definition of "forest produce"...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 3337 of 2012 (Arising out of S.L.P. (Civil) No. 6300 of 2006) Docid 2012 LEJ Civil SC 759095

(7) JEGANNATHAN .....Appellant Vs. RESPONDENT(S): RAJU SIGAMANI AND ANOTHER .....Respondent D.D 02/04/2012

Civil Procedure – Remand Orders – The appellant, Plaintiff No. 2, contested the High Court's dismissal of a miscellaneous appeal against the remand order of the first appellate court, which directed a fresh trial after setting aside the trial court's decree granting permanent injunction [Paras 3-8].Remand Powers under CPC – The appellate court's powers to remand a case are det...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 3347-3348 of 2012 (Arising out of Special Leave to Appeal (Civil) Nos. 19439-19440 of 2010) Docid 2012 LEJ Civil SC 144488

(8) SHOBHAN SINGH KHANKA .....Appellant Vs. RESPONDENT(S): THE STATE OF JHARKHAND .....Respondent D.D 30/03/2012

Criminal Law – Anticipatory Bail – Appellant, an expert on the Interview Board for JPSC, sought anticipatory bail against charges including conspiracy, forgery, and corruption – High Court rejected bail based on parity with other accused – Supreme Court held appellant’s position distinct due to lack of local connections and motive – Granted anticipatory bail considering his academic cr...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 592 OF 2012 (Arising out of S.L.P. (Criminal) No. 7644 of 2011) Docid 2012 LEJ Crim SC 876205

(9) RAMESHKUMAR AGARWAL .....Appellant Vs. RESPONDENT(S): RAJMALA EXPORTS PVT. LTD. AND OTHERS .....Respondent D.D 30/03/2012

Civil Procedure – Amendment of Pleadings – Plaintiff sought to amend plaint to include new plaintiffs and defendants and explain payment details – Trial court partially allowed amendment – Appellant contended amendment altered cause of action and was barred by limitation – Supreme Court held amendment did not change cause of action, but clarified facts – Amendment allowed to avoid mult...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3295 OF 2012 (Arising out of S.L.P. (Civil) No. 27961 of 2010) Docid 2012 LEJ Civil SC 415078