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) BAVO @ MANUBHAI AMBALAL THAKORE .....Appellant Vs. RESPONDENT(S): STATE OF GUJARAT .....Respondent D.D 03/02/2012

Criminal Law – Rape of Minor – Sentencing – Appellant convicted under Sections 376 and 506(2) of the IPC for raping a seven-year-old girl – Trial court sentenced him to life imprisonment and a fine of Rs. 20,000, in default, to undergo further RI for three years – High Court affirmed the sentence – Supreme Court reviews sentence, considering the appellant’s age (18-19 years at the ti...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 309 OF 2012 (Arising out of S.L.P. (Criminal) No. 2967 of 2011) Docid 2012 LEJ Crim SC 941856

(2) SUSANTA GHOSH .....Appellant Vs. RESPONDENT(S): STATE OF WEST BENGAL .....Respondent D.D 03/02/2012

Criminal Procedure – Bail – Appellant, a sitting MLA, accused of involvement in a nine-year-old murder case – Bail initially denied due to seriousness of charges and potential interference with investigation – Supreme Court grants bail noting absence of direct allegations, previous grant of anticipatory bail, and remote likelihood of absconsion or interference with evidence since the charg...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 310 OF 2012 (Arising out of SLP (Criminal) No. 9350 of 2011) Docid 2012 LEJ Crim SC 752701

(3) HOTEL ASHOKA (INDIAN TOUR. DEV. CORP. LTD.) .....Appellant Vs. RESPONDENT(S): ASSISTANT COMMISSIONER OF COMMERCIAL TAXES AND ANOTHER .....Respondent D.D 03/02/2012

Sales Tax – Duty-Free Shops – Taxation of Sales – Appellant, operating duty-free shops at Bengaluru International Airport, challenged the imposition of sales tax by the State of Karnataka – Contended sales were in the course of import/export and occurred outside customs frontiers of India – Supreme Court held sales at duty-free shops occurred before goods crossed customs frontiers, thus ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2560 OF 2010 With CIVIL APPEAL NOS. 10404-10412 OF 2010 Docid 2012 LEJ Civil SC 866227

(4) BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD. .....Appellant Vs. RESPONDENT(S): STATE OF KARNATAKA AND OTHERS .....Respondent D.D 02/02/2012

Land Acquisition – Public Purpose – Housing Societies – Acquisition of land for a cooperative housing society – Requirement of approval of the housing scheme by the State Government before initiation of acquisition proceedings – Bangalore Development Authority (BDA) Act and Land Acquisition Act mandates such approval – Supreme Court held acquisition invalid as appellant failed to show ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7425-26 OF 2002 With CIVIL APPEAL NOS. 774-778 OF 2005 Docid 2012 LEJ Civil SC 456539

(5) CENTRE FOR PUBLIC INTEREST LITIGATION AND OTHERS .....Appellant Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 02/02/2012

Constitutional Law – Allocation of Natural Resources – Fair and Transparent Process – Petition filed under Article 32 challenging the allocation of 2G spectrum by the DoT – Allegations of arbitrary and unconstitutional actions – Supreme Court held that natural resources must be allocated through a fair and transparent process – DoT’s actions in allocating spectrum licenses without au...

REPORTABLE # WRIT PETITION (CIVIL) NO. 423 OF 2010 Under Article 32 of the Constitution of India Docid 2012 LEJ Civil SC 216734

(6) MARKIO TADO .....Appellant Vs. RESPONDENT(S): TAKAM SORANG AND OTHERS .....Respondent D.D 02/02/2012

Election Law – Booth Capturing – Allegation of Booth Capturing – Appellant declared elected in the election to Arunachal Pradesh Legislative Assembly – Respondent filed election petition alleging booth capturing at 8 polling stations – High Court directed the production of voters' counterfoils for verification – Supreme Court held that production of such records should be sparingl...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1539 OF 2012 (Arising out of SLP No. 30410 of 2010) Docid 2012 LEJ Civil SC 252868

(7) NAND KUMAR VERMA .....Appellant Vs. RESPONDENT(S): STATE OF JHARKHAND AND OTHERS .....Respondent D.D 01/02/2012

Judicial Service – Reversion and Compulsory Retirement – Appellant, a judicial officer, challenged the High Court’s decision to revert and compulsorily retire him – Appellant’s explanation for alleged misconduct in granting bail accepted by the High Court, but later reversion and compulsory retirement initiated on same grounds – Supreme Court held reversion unjustified as charges were ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1458 OF 2012 (Arising out of Special Leave Petition (C) No. 5921 of 2007) Docid 2012 LEJ Civil SC 135860

(8) ROY FERNANDES .....Appellant Vs. RESPONDENT(S): STATE OF GOA AND OTHERS .....Respondent D.D 01/02/2012

Criminal Law – Unlawful Assembly – Conviction under Section 149 IPC – Appellant convicted for murder under Section 302 read with Section 149 IPC – Supreme Court examines whether the assembly had a common object of murder or knew murder was likely – Evidence showed the common object was to prevent fence erection, not murder – Conviction under Section 302/149 IPC set aside, while convict...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1108 OF 2002 Docid 2012 LEJ Crim SC 596664

(9) IMTIYAZ AHMAD .....Appellant Vs. RESPONDENT(S): STATE OF UTTAR PRADESH AND OTHERS .....Respondent D.D 01/02/2012

Criminal Procedure – Delay in Investigation and Trial – High Court Stay Orders – Appellant challenged prolonged delays in criminal proceedings due to repeated stay orders by the High Court – Supreme Court emphasized the need for expeditious disposal of cases where stay orders are issued – Highlighted that stay orders should be used sparingly and disposed of preferably within six months â...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 254-262 OF 2012 (Arising out of SLP (Criminal) Nos. 1581-1598 of 2009) Docid 2012 LEJ Crim SC 640785