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 POWER AND STEEL LTD. AND OTHERS .....Appellant Vs. RESPONDENT(S): STATE OF ORISSA AND ANOTHER .....Respondent D.D 14/03/2012

Contracts – Memorandum of Understanding – Appellant and State Government entered into MOU on May 15, 2002, for setting up a steel plant – State Government's later demand for a fresh MOU deemed arbitrary – Original MOU acted upon by both parties – High Court's ruling requiring fresh MOU set aside [Paras 1-24, 30-34].Administrative Law – Legitimate Expectation – State Governm...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2790 OF 2012 (Arising out of SLP (C) No. 8567 of 2008) Docid 2012 LEJ Civil SC 260396

(2) ASHOK SADARANGANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 14/03/2012

Criminal Law – Compounding of Offences – Petitioners sought quashing of criminal proceedings on basis of a compromise reached with complainant banks – Supreme Court held that non-compoundable offences could not be quashed merely due to settlement – Emphasis on the criminal intent of petitioners rather than the civil aspect of dues – Writ petition dismissed [Paras 1-22].Inherent Powers â€...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 26 OF 2011 (Under Article 32 of the Constitution of India) Docid 2012 LEJ Crim SC 702579

(3) JAI PRAKASH SINGH .....Appellant Vs. RESPONDENT(S): STATE OF BIHAR AND ANOTHER ETC. .....Respondent D.D 14/03/2012

Criminal Law – FIR and Delay – The promptness in lodging the FIR provides assurance of the informant's version – Delay can introduce colored versions and concocted stories – FIR lodged promptly within two hours in this case considered reliable [Paras 11-12].Bail – Anticipatory Bail – Distinction between regular bail (Section 439) and anticipatory bail (Section 438) – Anticipator...

REPORTABLE # CRIMINAL APPEAL NOS. 525-526 OF 2012 (Arising out of SLP (Criminal) NOS. 304-305 OF 2012) Docid 2012 LEJ Crim SC 963356

(4) RASHMI AJAY KR. KESHARWANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): AJAY KR. KESHARWANI AND OTHERS .....Respondent D.D 12/03/2012

Habeas Corpus – Custody Disputes – Writ petition by husband for custody of minor son – Habeas corpus writ should not be issued in such matters – Supreme Court held that non-bailable warrant against wife was uncalled for and illegal – High Court's order quashed [Paras 1-16].Judicial Discretion – Exercise of Habeas Corpus – Court emphasized that habeas corpus should not be issued ...

REPORTABLE # CRIMINAL APPEAL NO. 518 OF 2012 (Arising out of SLP (Criminal) No. 9113 of 2011) Docid 2012 LEJ Crim SC 811017

(5) H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs. RESPONDENT(S): RANJIT SINGH RANA .....Respondent D.D 12/03/2012

Arbitration – Post-Award Interest – Arbitrator did not exercise discretion on post-award interest – High Court awarded 18% p.a. interest from the date of award until the date of actual payment – Supreme Court held that deposit of the award amount in the High Court constitutes payment, ceasing liability for post-award interest from that date – High Court's order modified accordingly ...

REPORTABLE # CIVIL APPEAL NO. 2751 OF 2012 (Arising out of S.L.P. (C) No. 26581 of 2009) Docid 2012 LEJ Civil SC 272405

(6) VISMAY DIGAMBAR THAKARE .....Appellant Vs. RESPONDENT(S): RAMCHANDRA SAMAJ SEWA SAMITI AND OTHERS .....Respondent D.D 02/03/2012

Employment Law – Back Wages – Appellant awarded back wages by School Tribunal – High Court set aside the award – Supreme Court considered precedents on back wages entitlement even without specific assertion of non-employment – Settlement reached between parties for payment of Rupees one lakh towards back wages in full and final settlement [Paras 1-7].Judicial Precedents – Application â...

REPORTABLE # CIVIL APPEAL NO. 2708 OF 2012 (Arising out of S.L.P. (C) No. 21197 of 2010) Docid 2012 LEJ Civil SC 370174

(7) VINAYAK KASHINATH SHILKAR Vs. RESPONDENT: DY. COLLECTOR AND COMPETENT AUTHORITY AND OTHERS D.D 29/02/2012

Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 – The possession of vacant land not taken over by the State Government or Competent Authority prior to the Repeal Act’s adoption would result in abatement of proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 – Mere vesting of vacant land without actual possession does not fulfill the requirements for the a...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2615 OF 2012 (Arising out of S.L.P. (C) No. 14223 of 2009) Docid 2012 LEJ Civil SC 762085

(8) KISHOR KUMAR AND OTHERS Vs. RESPONDENT: PRADEEP SHUKLA AND OTHERS D.D 29/02/2012

Employment Law – Pharmacists' Appointment – The court dealt with the interpretation of Rule 15(2) of the Uttar Pradesh Pharmacists Service Rules, 1980 – The Rule required appointments to be made batch-wise from each year of diploma holders – Several writ petitions challenged the advertisement dated 12.11.2007 for 766 vacancies for not adhering to this interpretation – High Court’s...

REPORTABLE # CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS. 22590, 27086 OF 2011 AND 4130 OF 2012 Docid 2012 LEJ Civil SC 335566

(9) RAJENDRA PRALHADRAO WASNIK Vs. RESPONDENT: THE STATE OF MAHARASHTRA D.D 29/02/2012

Criminal Law – Conviction and Death Sentence – The appellant was convicted for the rape and murder of a three-year-old girl – The trial court sentenced him to death, which was upheld by the High Court – Supreme Court reviewed the evidence and circumstances, confirming the conviction and death sentence – Emphasized the heinous nature of the crime and the brutality involved. [Paras 1-19]Ci...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 145-146 OF 2011 Docid 2012 LEJ Crim SC 829899