Supreme Court Lays Down Comprehensive Guidelines To Prevent Misuse Of POCSO Act In Matrimonial Disputes Land Reforms Act | Joint Application For Pre-Emption By Adjoining Landowners Is Maintainable: Calcutta High Court Ocular Evidence In Conflict With Medical Findings Or Withholding Of Natural Witnesses Vitiates Prosecution Case: Allahabad High Court Compassionate Appointment Claim Must Be Decided Based On Policy Prevalent At Time Of Death: Bombay High Court Section 376 IPC | Failure To Prove Initial Dishonest Intent In Marriage Promise Renders Sexual Relationship Consensual: Allahabad High Court Prolonged Incarceration And Delay In Trial Are Valid Grounds To Invoke Constitutional Right To Speedy Trial Under Article 21 In UAPA Cases: Delhi High Court Motor Vehicles Act | Insurer Liable To Pay And Recover Compensation For Gratuitous Passengers In Goods Vehicles: Gujarat High Court Proof Of Demand And Acceptance Under PC Act Must Be Evaluated Based On Preponderance Of Probabilities In Rebuttal: Kerala High Court Tenancy Claim | Mere Possession Without Lawful Foundation Or Identification Of Tenanted Land Cannot Confer Occupancy Rights: Karnataka High Court 125 CrPC | Maintenance Cannot Be Evaded By Claiming Physical Disability If Conduct Indicates Concealment Of Financial Means: Kerala High Court M.P. Municipal Corporation Act | Locus Standi Under Section 307(5) Limited To Residents Of The Municipal Area: Madhya Pradesh High Court Writ Jurisdiction | Belated Challenge To Disciplinary Action After Superannuation Amounts To Laches; Petition Dismissed: Punjab & Haryana High Court Order 39 Rule 1 & 2 CPC | Mere Pendency Of Partition Suit Does Not Entitle Plaintiff To Injunction Restraining Reconstruction Of Residential Building: Kerala High Court Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Section 482 CrPC | High Court Quashes FIR Following Private Compromise In Non-Heinous Dispute Arising From Civil Conflict Mere Involvement In Criminal Case Does Not Constitute Moral Turpitude To Deny Public Appointment: Telangana High Court Pendency Of Investigation Cannot Be A Blanket Ground To Deny Permission For Foreign Travel: Rajasthan High Court Fraudulent Representation By Counsel Vitiates Ex Parte Decree: Punjab & Haryana High Court Holds Professional Misconduct As Evidence Of Fraud Writ Jurisdiction | Suppression Of Material Facts Regarding Pending Criminal And Departmental Proceedings Renders Petition Liable To Dismissal: Orissa High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Fraud Vitiates Judicial Proceedings: Judgment Obtained Through Misrepresentation And Conflict Of Interest Cannot Be Sustained, Holds Punjab And Haryana High Court Discovery Under Section 27 Evidence Act From Publicly Accessible Place Requires Caution: Supreme Court Mere Recovery Of Articles At Instance Of Accused Without Independent Corroboration Cannot Sustain Conviction: Supreme Court DNA Profile Must Be Supported By Other Conclusive Evidence To Prove Guilt: Supreme Court

(1) KIRLOSKAR BROTHERS LIMITED .....Appellant Vs. RAMCHARAN AND OTHERS .....Respondent D.D 05/12/2022 SUPREME COURT OF INDIA

Contract Labour – Reinstatement and Absorption – Contract labourers claimed direct employment with the appellant, asserting the contract was sham – Industrial Tribunal and High Court ordered reinstatement and absorption without notification under Section 10 of CLRA Act – Supreme Court held that without such notification and evidence proving the contract was sham, reinstatem...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NOS. 8446-8447 OF 2022 Docid 2022 LEJ Civil SC 40

(2) SUKHPAL SINGH KHAIRA .....Appellant Vs. THE STATE OF PUNJAB .....Respondent D.D 05/12/2022 SUPREME COURT OF INDIA

Criminal Law – Summoning Additional Accused – Trial court's power under Section 319 CrPC must be exercised before pronouncement of the order of sentence in case of conviction or before the order of acquittal – Summoning order must precede trial conclusion – If summoning order is passed after acquittal or sentence imposition, it is not sustainable [Paras 1-88].  ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 885 OF 2019 With SLP (CRL.) NO. 6960 OF 2021 CRL. APPEAL NO. 886 OF 2019 SLP (CRL.) NO. 5933 OF 2019 Docid 2022 LEJ Crim SC 59

(3) COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, ROHTAK .....Appellant Vs. MERINO PANEL PRODUCT LTD. .....Respondent D.D 05/12/2022 SUPREME COURT OF INDIA

Excise Duty – Valuation of Goods – Dispute centered on the method of determining the value of goods for excise duty when sales were made to both independent and related parties – Revenue issued show cause notice invoking Section 4(1)(b) of CEA and Rule 11 of CEVR – CESTAT set aside notice, directing reliance on CBEC Circular of 01.07.2002, which mandates Rule 11 read with R...

SUPREME COURT OF INDIA # CIVIL APPEAL NO. 6891 OF 2018 Docid 2022 LEJ Civil SC 95

(4) RATNAMBAR KAUSHIK .....Appellant Vs. UNION OF INDIA .....Respondent D.D 05/12/2022 SUPREME COURT OF INDIA

Criminal Law – Bail in Tax Evasion Case – Petitioner accused of evading tax by transporting 90520 kgs of unmanufactured tobacco, allegedly for clandestine zarda manufacturing – High Court rejected bail application under Section 439 CrPC – Supreme Court granted bail, noting petitioner’s four-month incarceration, documentary and electronic nature of evidence, and low ri...

SUPREME COURT OF INDIA REPORTABLE # SPECIAL LEAVE PETITION (CRL.) NO. 10319 OF 2022 Docid 2022 LEJ Crim SC 38

(5) GOVERNMENT OF NCT OF DELHI .....Appellant Vs. SUBHASH JAIN AND OTHERS .....Respondent D.D 02/12/2022 SUPREME COURT OF INDIA

Land Acquisition – Lapse of Proceedings – High Court declared acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-taking of possession and non-payment of compensation – Supreme Court holds High Court erred, citing Indore Development Authority case – Appeal allowed [Paras 1-3].   Litigation Impact – Acquisition proceedings subject t...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8937 OF 2022 (@ SLP (C) NO. 21822 OF 2022) (@ DIARY NO. 27984 OF 2022) Docid 2022 LEJ Civil SC 54

(6) LAND ACQUISITION COLLECTOR (SOUTH) NEW DELHI AND ANOTHER .....Appellant Vs. SURESH B. KAPUR AND OTHERS .....Respondent D.D 02/12/2022 SUPREME COURT OF INDIA

Land Acquisition – Lapse of Proceedings – High Court declared acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-taking of possession and non-payment of compensation – Supreme Court holds High Court erred, citing Indore Development Authority case – Appeal allowed [Paras 1-7].   Litigation Impact – Acquisition proceedings subject t...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8197 OF 2022 (@ SLP (C) NO. 20157 OF 2022) (@ DIARY NO. 24355 OF 2022) Docid 2022 LEJ Civil SC 77

(7) STATE OF JHARKHAND AND OTHERS .....Appellant Vs. LINDE INDIA LIMITED AND ANOTHER .....Respondent D.D 02/12/2022 SUPREME COURT OF INDIA

Tax Law – Concessional Rate of Tax – High Court granted concessional tax rate of 2% for oxygen gas used in steel manufacturing by Tata Steel, treating it as raw material – Supreme Court held that oxygen gas is a refining agent and not a raw material – Appeal allowed [Paras 1-12].   Expert Committee Findings – Detailed inspection report by six-member expert ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NOS. 8061-8064 OF 2022 Docid 2022 LEJ Civil SC 65

(8) GOVERNMENT OF NCT OF DELHI AND ANOTHER .....Appellant Vs. KARAMPAL AND ANOTHER .....Respondent D.D 02/12/2022 SUPREME COURT OF INDIA

Land Acquisition – Lapse of Proceedings – High Court's order declaring the lapse of acquisition proceedings under Section 24(2) of the 2013 Act due to non-tendering of compensation to the original writ petitioner – Supreme Court holds that the High Court erred in its reliance on the overruled Pune Municipal Corporation case – Appeal allowed [Paras 1-3].   Sub...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 8931 OF 2022 (@ SLP (C) NO. 21812 OF 2022) (@ DIARY NO. 27599 OF 2022) Docid 2022 LEJ Civil SC 75

(9) CENTRAL BUREAU OF INVESTIGATION .....Appellant Vs. P.S. JAYAPRAKASH ETC. ETC. .....Respondent D.D 02/12/2022 SUPREME COURT OF INDIA

Anticipatory Bail – ISRO Spy Case – High Court granted anticipatory bail to respondents without considering the allegations, roles, or recommendations by Justice D.K. Jain Committee – Supreme Court quashes High Court’s order – Cases remanded for fresh consideration [Paras 1-9].   Role and Allegations – High Court failed to assess the specific roles an...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NOS. OF 2022 (Arising from SLP (Criminal) Nos. 8008-8010 of 2021) With CRIMINAL APPEAL NO. OF 2022 (Arising from SLP (Criminal) No. 4097 of 2022) Docid 2022 LEJ Crim SC 38