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) SHAMBHU KHARWAR .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 12/08/2022 SUPREME COURT OF INDIA

Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO 1231 OF 2022 (Arising Out of SLP(Crl) No 7426 of 2022) Docid 2022 LEJ Crim SC 68

(2) UNION OF INDIA .....Appellant Vs. RAMCHANDRA AND OTHERS .....Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Land Acquisition – Compensation – The Union of India sought reduction of compensation, while the Company sought enhancement – Supreme Court upheld compensation for the land acquired, modifying the Reference Court’s award to Rs.19 per square feet – Compensation for severance of land awarded at Rs.9.5 per square feet for land on the eastern side, excluding statutory ben...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5006-5010 of 2022 (Arising Out of SLP (Civil) Nos. 36299-36303 of 2017) With CIVIL APPEAL NO. 5031 of 2022 (Arising Out of SLP (Civil) No. 13137 of 2018) Docid 2022 LEJ Civil SC 71

(3) GITABAI MARUTI RAUT (DEAD) THROUGH LR. AND OTHERS .....Appellant Vs. PANDURANG MARUTI RAUT (DEAD) THROUGH LRS. AND OTHERS .....Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Partition Suit – Ancestral Property – High Court dismissed the plaintiff's claim that properties at villages Pirangut and Nande were joint family ancestral properties – Supreme Court held that the property at Pirangut was indeed ancestral based on evidence including a written memorandum of settlement and mutation records – The property at Nande was held as self-acquired...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7702 of 2013 Docid 2022 LEJ Civil SC 75

(4) NET RAM YADAV .....Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS .....Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5237 of 2022 [Arising Out of SLP (C) No. 14118 of 2022] [Diary No. 2738 of 2020] Docid 2022 LEJ Civil SC 42

(5) ARMED FORCES EX OFFICERS MULTI SERVICES COOPERATIVE SOCIETY LTD. .....Appellant Vs. RASHTRIYA MAZDOOR SANGH (INTUC) .....Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees wi...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2393 of 2022 Docid 2022 LEJ Civil SC 16

(6) RAM NIWAS .....Appellant Vs. STATE OF HARYANA .....Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Criminal Law – Conviction based on suspicion – An accused cannot be convicted on the basis of suspicion, no matter how strong – The prosecution must prove the guilt beyond a reasonable doubt – Conviction and sentence set aside due to lack of conclusive evidence and inconsistencies in the prosecution's case [Paras 1-21].   Extra-Judicial Confession – Cau...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 25 of 2012 Docid 2022 LEJ Crim SC 77

(7) VIKAS SINGH .....Appellant Vs. GOVT. OF NCT OF DELHI AND OTHERS .....Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Urban Development – Building Plan Sanction – Fire Safety Regulations – Appellant purchased property and applied for building plan sanction – Initially sanctioned for 15 meters height – Later amendments to Master Plan allowed 17.5 meters with stilt parking – Revised plan submitted but not sanctioned due to lack of fire clearance – High Court dismissed appel...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5244 of 2022 (Arising out of SLP (C) No. 16053 of 2016) Docid 2022 LEJ Civil SC 49

(8) J. VEDHASINGH …..Appellant Vs. R.M. GOVINDAN AND OTHERS …..Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Double Jeopardy – Section 300(1) CrPC – Whether an accused can be tried for an offense under the Negotiable Instruments Act (NI Act) and also for offenses under IPC based on the same set of facts – High Court quashed IPC proceedings citing Section 300(1) CrPC – Supreme Court holds conflicting views on the application of double jeopardy in such cases – Matter referred ...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. _____ of 2022 (Arising Out of SLP (Crl.) No. 2864 of 2019) Docid 2022 LEJ Crim SC 18

(9) WYETH LIMITED AND OTHERS …..Appellant Vs. STATE OF BIHAR AND ANOTHER …..Respondent D.D 11/08/2022 SUPREME COURT OF INDIA

Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].   Commercial Dis...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 1224 of 2022 (Arising Out of SLP (Crl.) No. 10730 of 2018) Docid 2022 LEJ Crim SC 39