Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court

(1) M/S PRIME PROPERTIES .....Appellant Vs. SANA LAKSHMI DEVI (DIED) THROUGH HER LRS AND OTHERS .....Respondent D.D 29/09/2022

Civil Procedure – Review Petition – Trial Court initially rejected plaintiff's application to file a rejoinder – Plaintiff filed review petition, presenting the rejoinder was already filed – Trial Court reviewed its decision and accepted the rejoinder – High Court disapproved, stating review powers were exceeded – Supreme Court held review was justified, all...

REPORTABLE # Civil Appeal No. of 2022 (Arising Out of SLP (C) No. 6464 of 2022) Docid 2022 LEJ Civil SC 34

(2) X .....Appellant Vs. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER .....Respondent D.D 29/09/2022

Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...

REPORTABLE # Civil Appeal No. 5802 of 2022 (Arising out of SLP (C) No. 12612 of 2022) Docid 2022 LEJ Civil SC 99

(3) RAM KUMAR .....Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS .....Respondent D.D 28/09/2022

Appeal against the High Court’s decision allowing the writ petition and setting aside the cancellation of the fair price shop licence of respondent No.9.

REPORTABLE # Civil Appeal No. 4258 of 2022 Docid 2022 LEJ Civil SC 12

(4) CHOTKAU .....Appellant Vs. STATE OF UTTAR PRADESH .....Respondent D.D 28/09/2022

Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction and death sentence for rape and murder – Prosecution relied solely on circumstantial evidence without medical examination of the accused – Failure to obtain Forensic Sciences Laboratory report on blood/semen stains – Prosecution’s failure to provide medical evidence critical w...

REPORTABLE # Criminal Appeal Nos. 361-362 of 2018 Docid 2022 LEJ Crim SC 34

(5) ANJU GARG AND ANOTHER .....Appellant Vs. DEEPAK KUMAR GARG .....Respondent D.D 28/09/2022

Maintenance – Section 125 CrPC – Husband's Duty to Provide – Husband is required to earn money even by physical labor if he is able-bodied and cannot avoid his obligation except on legally permissible grounds – The Court directed the husband to pay a maintenance amount of Rs. 10,000 per month to the wife [Paras 9-13].   Social Justice – Section 125 CrPC...

REPORTABLE # Criminal Appeal No. 1693 of 2022 (Arising out of SLP(Crl) No. 10353 of 2018) Docid 2022 LEJ Crim SC 37

(6) MORESHAR YADAORAO MAHAJAN .....Appellant Vs. VYANKATESH SITARAM BHEDI (D) THR. LRS. AND OTHERS .....Respondent D.D 27/09/2022

Necessary Party – Tests for Determination – Two tests for determining a necessary party: (1) there must be a right to some relief against such party concerning the controversies involved in the proceedings; (2) no effective decree can be passed in the absence of such a party – Plaintiff admitted the suit property was jointly owned by defendant, his wife, and three sons – Ef...

REPORTABLE # Civil Appeal Nos. 5755-5756 of 2011 Docid 2022 LEJ Civil SC 89

(7) KOLLI SATYANARAYANA (DEAD) BY LRS. .....Appellant Vs. VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS .....Respondent D.D 27/09/2022

Specific Performance – Agreement of Sale – Condition Precedent – Agreement of sale stipulated obtaining permission from ULC Authorities within 75 days, failing which the purchaser could reclaim advance payment within 90 days – Defendant terminated agreement when permission was not obtained in time – Plaintiff's delay in taking action until after permission was gra...

REPORTABLE # Civil Appeal No. 1013 of 2014 Docid 2022 LEJ Civil SC 54

(8) JAGDISH PRASAD SAINI AND OTHERS .....Appellant Vs. STATE OF RAJASTHAN AND OTHERS .....Respondent D.D 26/09/2022

Service Law – Leave Encashment – Salary Component – Leave encashment forms part of salary under the Rajasthan Non-Government Educational Institutions Act, 1989 – State responsible for 70% of leave encashment, with the management establishment covering 30% – Arbitrary Rule 5(viii) of the 2010 Rules invalidated as unconscionable and unenforceable [Paras 18-21].  ...

REPORTABLE # Civil Appeal No. ____ of 2022 (Arising out of SLP (Civil) No. 16813 of 2019) Docid 2022 LEJ Civil SC 47

(9) BALKRISHNA RAMA TARLE DEAD THR LRS AND ANOTHER .....Appellant Vs. PHOENIX ARC PRIVATE LIMITED AND OTHERS .....Respondent D.D 26/09/2022

SARFAESI Act – Powers of District Magistrate – Ministerial Role – Powers exercisable by District Magistrate (DM) under Section 14 of the SARFAESI Act are ministerial – DM is not required to adjudicate disputes between the borrower and the secured creditor or any third party – High Court rightly set aside DM’s order delaying possession until tenant eviction proce...

REPORTABLE # Special Leave Petition No. 16013 of 2022 Docid 2022 LEJ Civil SC 19