Safety Shoes Used as Weapon Meets Mens Rea Requirement for Murder: Rajasthan HC on Bail Denial    |     Right to Be Considered for Promotion, Not a Right to Promotion: Supreme Court Clarifies Eligibility for Retrospective Promotion    |     Inherent Power of Courts Can Recall Admission of Insufficiently Stamped Documents: Supreme Court    |     Courts Cannot Substitute Their Opinion for Security Agencies in Threat Perception Assessments: J&K High Court Directs Reassessment of Political Leader's Threat Perception    |     Service Law | Violation of Natural Justice: Discharge Without Notice or Reason: Gauhati High Court Orders Reinstatement and Regularization of Circle Organizers    |     Jharkhand High Court Quashes Family Court Order, Reaffirms Jurisdiction Based on Minor’s Ordinary Residence in Delhi    |     Ex-Serviceman Status Ceases After First Employment in Government Job: Calcutta High Court Upholds SBI’s Cancellation of Ex-Serviceman's Appointment Over False Declaration of Employment    |     Maxim Res Ipsa Loquitur Applies When State Instrumentalities Are Directly Responsible: Delhi High Court Orders MCD to Pay ₹10 Lakhs Compensation for Death    |     Wilful Avoidance of Service Must Be Established Before Passing Ex Parte Order Under Section 126(2) CrPC: Patna High Court Sets Aside Ex Parte Maintenance Order    |     MP High Court Imposes Rs. 10,000 Costs for Prolonging Litigation, Upholds Eviction of Petitioners from Father's Property    |     When Detention Unnecessary Despite Serious Allegations of Fraud Bail Should be Granted: Kerala HC    |     Magistrate's Direction for Police Inquiry Under Section 202 CrPC Is Valid; Petitioner Must Await Investigation Outcome: Bombay High Court Dismisses Advocate's Petition as Premature    |     Relocation Alone Cannot Justify Transfer: Supreme Court Rejects Plea to Move Case from Nellore to Delhi, Orders Fresh Probe    |     Punjab & Haryana HC Double Bench Upholds Protection for Married Partners in Live-In Relationships, Denies Same for Minors    |     Tribunal’s Compensation Exceeding Claimed Amount Found Just and Fair Under Motor Vehicles Act: No Deduction Errors Warrant Reduction: Gujrat High Court    |     Smell of Alcohol in Post-Mortem Insufficient to Establish Intoxication: Rajasthan High Court Upholds Liability of Insurance Company in Motor Accident Case    |     No Grounds for Transfer: Free Bus Fare for Women in Telangana Reduces Travel Burden: Telangana High Court Rejects Wife's Petition to Transfer Divorce Case    |     Mechanical Referrals Invalid: "Deputy Registrar Must Apply Judicial Mind: Allahabad HC Quashes Deputy Registrar's Order in Arya Pratinidhi Sabha Election Dispute    |    

(1) THE STATE OF TRIPURA AND OTHERS …..Appellant Vs. SMT. ANJANA BHATTACHARJEE AND OTHERS …..Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

Pension – Financial Constraints – Revision of Pension – High Court struck down Rule 3(3) of the Tripura State Civil Services (Revised Pension) Rules, 2009 as arbitrary – Rule allowed revision of pension notionally from 01.01.2006 to 31.12.2008, with actual payment from 01.01.2009 due to financial constraints – Supreme Court found High Court erred in its decision &ndas...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5114 OF 2022 Docid 2022 LEJ Civil SC 86

(2) UNION OF INDIA AND ANOTHER …..Appellant Vs. CITI BANK N.A. …..Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

FERA – Limitation – Reasonable Period – Show cause notices issued in 2002 for transactions from 1992-1993 – Supreme Court held such delay unreasonable – Proceedings must be initiated within a reasonable period when no statutory period is prescribed – Eight-year record preservation limit under Banking Companies Rules supports unreasonableness of delayed notices &...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9337 OF 2010 With CIVIL APPEAL NOS. 4228-4261 OF 2011 CRIMINAL APPEAL NOS. 169-170 OF 2012 Docid 2022 LEJ Civil SC 15

(3) ST. MARY’S EDUCATION SOCIETY AND ANOTHER …..Appellant Vs. RAJENDRA PRASAD BHARGAVA AND OTHERS …..Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5789 OF 2022 (Arising Out of SLP (Civil) No. 1118 of 2022) Docid 2022 LEJ Civil SC 32

(4) COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE VADODARA – I …..Appellant Vs. M/S JYOTI LIMITED AND OTHERS …..Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

Service Tax – Consulting Engineer vs. Works Contract – Services such as erection, installation, and commissioning of goods at customer sites cannot be classified as consulting engineer services – Tribunal correctly held that such services fall under works contract and are not liable for service tax as consulting engineering – Revenue's appeal dismissed [Paras 2-4]. &...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4721 – 4723 OF 2008 Docid 2022 LEJ Civil SC 60

(5) ZAKIR ABDUL MIRAJKAR …..Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS …..Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1125 OF 2022 SLP (Criminal) No. 3213 of 2020 With CRIMINAL APPEAL NO. 1127 OF 2022 SLP (Criminal) No. 3722 of 2020 With CRIMINAL APPEAL NO. 1126 OF 2022 SLP (Criminal) No. 3629 of 2020 With CRIMINAL APPEAL NO. 1129 OF 2022 SLP (Criminal) No. 3915 of 2020 With CRIMINAL APPEAL NO. 1128 OF 2022 SLP (Criminal) No. 3943 of 2020 With CRIMINAL APPEAL NO. 1130 OF 2022 SLP (Criminal) No. 4170 of 2020 Docid 2022 LEJ Crim SC 82

(6) RAJBIR SINGH …..Appellant Vs. THE STATE OF PUNJAB …..Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2152 OF 2010 Docid 2022 LEJ Crim SC 21

(7) PUSHPENDRA KUMAR SINHA .....Appellant Vs. STATE OF JHARKHAND .....Respondent D.D 24/08/2022 SUPREME COURT OF INDIA

Criminal Law – Discharge – Appeal against dismissal of discharge application – Allegations of corruption and fraud against an Executive Engineer (EE) in Jharkhand State Electricity Board (JSEB) – No prima facie evidence of entrustment of funds, fraudulent or dishonest intent, or illegal gratification – Appellant's actions were based on instructions and approvals f...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1333 OF 2022 (Arising out of SLP (Crl.) No. 3440 of 2021) Docid 2022 LEJ Crim SC 95

(8) MD. ISLAM AND OTHERS .....Appellants Vs. THE BIHAR STATE ELECTRICITY BOARD AND OTHERS .....Respondents D.D 23/08/2022 SUPREME COURT OF INDIA

Service Law – Assured Career Progression Scheme – Applicability – Appellants sought application of ACP Scheme retrospectively from August 9, 1999, as was done for State Government employees – BSEB adapted ACP Scheme effective from April 5, 2005 – Scheme not applicable to public undertakings or autonomous institutions unless specifically adapted – No malafide or ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5764 OF 2022 (Arising out of SLP (Civil) No. 9603 of 2019) Docid 2022 LEJ Civil SC 73

(9) UNION OF INDIA AND ANOTHER .....Appellants Vs. SUBHASH CHANDER SEHGAL AND OTHERS .....Respondents D.D 22/08/2022 SUPREME COURT OF INDIA

Land Acquisition – Lapse of Proceedings – Section 24(2) of Act 2013 – High Court wrongly declared acquisition proceedings lapsed – Constitution Bench in Indore Development Authority v. Manoharlal (2020) overruled Pune Municipal Corporation (2014) and Sree Balaji Nagar Residential Association (2015) – Possession taken in 1987, utilized for park – No lapse when po...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5439 OF 2022 Docid 2022 LEJ Civil SC 22