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) JIK INDUSTRIES LIMITED AND OTHERS .....Appellant Vs. RESPONDENT(S): AMARLAL V. JUMANI AND ANOTHER .....Respondent D.D 01/02/2012

Criminal Law – Negotiable Instruments Act – Compounding of Offences – Appellants contended that the approval of a scheme under Section 391 of the Companies Act should result in the automatic compounding of offences under Section 138 of the Negotiable Instruments Act – Supreme Court held that compounding requires explicit consent of the complainant and cannot be deemed or assumed under any ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 263 OF 2012 (Arising out of SLP (Criminal) No. 4445 of 2009) With CRIMINAL APPEAL NO. 264 OF 2012 (Arising out of SLP (Criminal) No. 4446 of 2009) CRIMINAL APPEAL NO. 265 OF 2012 (Arising out of SLP (Criminal) No. 4447 of 2009) CRIMINAL APPEAL NO. 266 OF 2012 (Arising out of SLP (Criminal) No. 4448 of 2009) CRIMINAL APPEAL NO. 267 OF 2012 (Arising out of SLP (Criminal) No. 4449 of 2009) CRIMINAL APPEAL NO. 268 OF 2012 (Arising out of SLP (Criminal) No. 4450 of 2009) CRIMINAL APPEAL NO. 269 OF 2012 (Arising out of SLP (Criminal) No. 4451 of 2009) CRIMINAL APPEAL NO. 270 OF 2012 (Arising out of SLP (Criminal) No. 4452 of 2009) CRIMINAL APPEAL NO. 271 OF 2012 (Arising out of SLP (Criminal) No. 4453 of 2009) CRIMINAL APPEAL NO. 272 OF 2012 (Arising out of SLP (Criminal) No. 4454 of 2009) CRIMINAL APPEAL NO. 273 OF 2012 (Arising out of SLP (Criminal) No. 4456 of 2009) CRIMINAL APPEAL NO. 274 OF 2012 (Arising out of SLP (Criminal) No. 4457 of 2009) CRIMINAL APPEAL NOS. 275-294 OF 2012 (Arising out of SLP (Criminal) Nos. 843-862 of 2010) CRIMINAL APPEAL NOS. 295-303 OF 2012 (Arising out of SLP (Criminal) Nos. 6643-6651 of 2010) Docid 2012 LEJ Crim SC 144210

(2) LEE KUN HEE AND OTHERS .....Appellant Vs. RESPONDENT(S): STATE OF U.P. AND OTHERS .....Respondent D.D 01/02/2012

Criminal Procedure – Territorial Jurisdiction – Foreign Nationals – Offences involving foreign nationals – Appellants challenged the criminal proceedings initiated in India on the grounds of territorial jurisdiction – Supreme Court held that the physical presence of the accused in India is not necessary for launching criminal prosecution if the offence involves effects within India – T...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 304 OF 2012 (Arising out of SLP (Criminal) No. 9168 of 2009) Docid 2012 LEJ Crim SC 275859

(3) STATE OF PUNJAB .....Appellant Vs. RESPONDENT(S): DALBIR SINGH .....Respondent D.D 01/02/2012

Criminal Law – Evidence – Benefit of Doubt – Respondent, a constable, accused of firing upon Deputy Commandant and B.H.M. resulting in the death of the latter – Prosecution alleged the respondent fired 20 rounds, injuring and killing the officers – High Court found discrepancies in the prosecution’s evidence, including inconsistencies in witness testimonies and recovery of evidence –...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 117 OF 2006 Docid 2012 LEJ Crim SC 405990

(4) DR. SUBRAMANIAN SWAMY … Vs. DR. MANMOHAN SINGH AND ANOTHER …RESPONDENTS D.D 31/01/2012

Sanction for Prosecution – Locus Standi of Citizen – Prevention of Corruption Act, 1988 – The Appellant, Dr. Subramanian Swamy, sought to prosecute a public servant (A. Raja) for corruption without receiving sanction from the competent authority – Supreme Court affirmed that any citizen has the right to file such a complaint – Previous judgments cited confirmed this position [Paras 18-19...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1193 OF 2012 (ARISING OUT OF SLP (C) NO. 27535 OF 2010) Docid 2012 LEJ Civil SC 673447

(5) JOSHNA GOUDA … Vs. BRUNDABAN GOUDA AND ANOTHER …RESPONDENTS D.D 31/01/2012

Election Law – Eligibility to Contest – Proof of Age – Appellant's election as Sarpanch challenged on grounds of ineligibility due to age – Trial court and subsequent appeals dismissed appellant’s election citing failure to meet age requirement – Supreme Court found that the burden of proof regarding appellant’s age was not discharged by the respondent – Admissibility and prob...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1191 OF 2012 (ARISING OUT OF SLP (C) NO. 15174 OF 2011) Docid 2012 LEJ Civil SC 105095

(6) JEEVAN CHANDRABHAN IDNANI AND ANOTHER … Vs. DIVISIONAL COMMISSIONER KONKAN BHAVAN AND OTHERS …RESPONDENTS D.D 31/01/2012

Municipal Law – Formation of Post-Electoral Aghadi – Interpretation of Statute – Appeal involves interpretation of second proviso to Section 31(A)(2) of the Bombay Provincial Municipal Corporations Act, 1949 – Supreme Court held that formation of Aghadi or front after the election results must occur within one month as per statutory requirement – Formation beyond this period is impermiss...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1192 OF 2012 (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO. 14988 OF 2011) Docid 2012 LEJ Civil SC 624319

(7) YOGRAJ INFRASTRUCTURE LTD. … Vs. SSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD. AND ANOTHER …RESPONDENTS D.D 31/01/2012

Arbitration – Injunction Against Bank Guarantee – Arbitration and Conciliation Act, 1996 – Dispute arose over performance of contractual obligations in a construction project – Respondent terminated contract and sought to invoke bank guarantees – Petitioner sought injunction on grounds of fraud and special equity – Supreme Court held that fraud allegations were previously rejected and ...

REPORTABLE # SPECIAL LEAVE PETITION (C) NO. 24746 OF 2010 Docid 2012 LEJ Civil SC 183799

(8) MARGRET ALMEIDA AND OTHERS …APPELLANTS Vs. THE BOMBAY CATHOLIC CO-OPERATIVE HOUSING SOCIETY LTD. AND OTHERS ETC. ETC. …RESPONDENTS D.D 30/01/2012

Jurisdiction of Civil Courts – Cooperative Societies – Civil Procedure Code, 1908 – High Court held suits challenging society's resolution to sell property were not maintainable as they fell under the exclusive jurisdiction of the Co-operative Court – Supreme Court overturned this, stating disputes involving third parties (non-members) and property alienation are not exclusively cover...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1175-1177 OF 2012 (ARISING OUT OF SLP (C) NOS. 28611-28613 OF 2011) WITH CIVIL APPEAL NO. 1178 OF 2012 (ARISING OUT OF SLP (C) NO. 29507 OF 2011) WITH CIVIL APPEAL NOS. 1179-1180 OF 2012 (ARISING OUT OF SLP (C) NOS. 30143-30144 OF 2011) Docid 2012 LEJ Civil SC 545181

(9) ARUP DAS AND OTHERS … Vs. STATE OF ASSAM AND OTHERS …RESPONDENTS D.D 27/01/2012

Government Employment – Appointments Beyond Advertised Vacancies – Constitution of India, 1950 – Advertisement for 160 seats for Assam Survey and Settlement Training Institute – Appellants sought appointments beyond advertised vacancies from a select list of 560 candidates – Supreme Court held such appointments as arbitrary and violative of Articles 14 and 16 – Reference to Prem Singh ...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NOS. 4813-4814 OF 2012 (CC 27 OF 2012) Docid 2012 LEJ Civil SC 131347