Order Denying Permission for Peaceful Protest Rally Set Aside: Calcutta High Court Prolonged Custody Alone Cannot Justify Bail In Cases Involving Heinous Crimes: Delhi High Court Body Shaming and Sexually Colored Remarks Are Unacceptable In A Civilized Society: Kerala High Court No Mandatory Injunction Where Failure to Prove Ownership and Possession: Punjab and Haryana High Court Supreme Court Dismisses Article 32 Petition Seeking Declaration of Bombay High Court Judgment as Illegal Specific Relief Act | Power to Extend Time Under Section 28 Is Discretionary and Must Be Exercised Prudently: Supreme Court Failure To Comply With Statutory Mandate Under Order 39 Rule 3 CPC Renders Ex Parte Injunction Unsustainable: Karnataka High Court Bombay High Court Dismisses PIL Challenging Withdrawal of Cabinet's Recommendations for Legislative Council Nominations Supreme Court Reduces Murder Conviction to Culpable Homicide in Absence of Premeditation and Motive Desertion Means More Than Physical Separation, Includes Willful Neglect: Delhi High Court Director’s Liability Under Section 138 NI Act Ends with Resignation: Supreme Court Quashes Complaint Against Former Director in Cheque Dishonor Case No Proof, No Ownership: Punjab & Haryana HC Dismisses Baseless Inheritance Suit Judicial Orders of Civil Courts Not Amenable to Article 226 Writ Jurisdiction: Patna High Court Chastity of a Woman Is a Priceless Possession; Unfounded Allegations Justify Wife’s Right to Live Separately: Orissa High Court Temporary Injunction Denied Based on Unstamped and Unregistered Agreement: Madhya Pradesh High Court Temple Surplus Funds Cannot Be Used for Shopping Complex Construction: Madras High Court Bail | Evidence Is Primarily Documentary And Already Recovered, Custodial Interrogation Of The Accused Is Not Necessary: Kerala High Court Delhi High Court Directs Respondents to Secure ₹157.75 Crores in Gas Supply Dispute Under Section 9 of Arbitration Act Arrest of Woman Post-Sunset Without Prior Judicial Permission Illegal: Bombay High Court

(1) ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED .....Appellant Vs. S.P. VELAYUTHAM AND OTHERS .....Respondent D.D 04/05/2022

Registration of Documents – Duties of Registering Officer – Role of Registering Officer is not merely mechanical – Required to independently verify statutory compliance – Failure to verify powers of attorney and other statutory requirements can invalidate registration [Paras 1-9, 58].   Judicial Review – High Court's Jurisdiction – Under Article 2...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2752-2753 OF 2022 [Arising Out of SLP(C) Nos. 19662-19663 of 2021] Docid 2022 LEJ Civil SC 55

(2) RAVINDER SINGH @ KAKU .....Appellant Vs. STATE OF PUNJAB .....Respondent D.D 04/05/2022

Criminal Law – Circumstantial Evidence – Conviction based solely on circumstantial evidence requires a conclusive chain of circumstances – The last seen theory, arrest of the accused, recovery of material objects, and call details do not conclusively establish guilt – Conviction based on probabilities and inferences drawn from call records inadmissible without proper certif...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1307 OF 2019 [Arising Out of SLP (Crl.) No. 9431 of 2011] With CRIMINAL APPEAL NOS. 1308-1311 OF 2019 [Arising Out of SLP (Crl.) Nos. 9631-9634 of 2012] Docid 2022 LEJ Crim SC 22

(3) THE SECRETARY TO GOVT. OF KERALA IRRIGATION DEPARTMENT AND OTHERS .....Appellant Vs. JAMES VARGHESE AND OTHERS .....Respondent D.D 04/05/2022

Constitutional Law – Legislative Competence – Concurrent List – Subject of Arbitration falls under Entry 13 of List III – State Legislature can enact law on arbitration subject to President's assent – State Act reserved for and received President's assent prevails over Central law – State Act within legislative competence of State Legislature [Paras 1-9]...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6258 OF 2014 With Civil Appeal Nos. 9236, 9241, 9226, 6268, 6264, 6265, 6266, 6260, 6262, 6259, 6267 of 2014; Civil Appeal No. 295 of 2015; Civil Appeal Nos. 6261, 8995, 9022, 9016, 9005, 8998, 9009, 8997, 9002, 8996, 8999, 9007, 9004, 9003, 9008, 9017, 9000, 9001, 9215, 9213, 9018, 9217, 9006, 9019, 9219, 9237, 9225, 9221, 9238, 9023, 9243, 9244, 9224, 9212, 9211, 9222, 9020, 9210, 9239 of 2014; Civil Appeal Nos. 3010 of 2017, 2824, 2825, 2826 of 2022 Docid 2022 LEJ Civil SC 42

(4) UNION OF INDIA AND OTHERS .....Appellant Vs. ASHISH AGARWAL .....Respondent D.D 04/05/2022

Income Tax – Reassessment Notices – Transition to New Provisions – High Courts quashed reassessment notices issued under unamended Section 148 after 01.04.2021 – Supreme Court converted such notices into those issued under Section 148A (new provisions) – Directed Revenue to comply with new procedural requirements – Notices deemed to be issued under amended Act t...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3005 OF 2022 Docid 2022 LEJ Civil SC 98

(5) PAWAN KUMAR .....Appellant Vs. UNION OF INDIA AND ANOTHER .....Respondent D.D 02/05/2022

Service Law – Discharge for Suppression of Information – RPF Recruitment – Appellant discharged for not disclosing past criminal case in attestation form – Case was trivial, appellant acquitted honorably – Competent authority failed to consider the nature of post, duties, and triviality of case [Paras 1-16].   Judicial Precedents – Avtar Singh v. Unio...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3574 OF 2022 (Arising Out of SLP (Civil) No. 6009 of 2016) Docid 2022 LEJ Civil SC 61

(6) NEPPALI SAI VIKASH AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 02/05/2022

Medical Education – NEET PG Admission – Reduction in Percentile – Central Government reduced minimum marks by 15 percentile for all categories – Petitioners sought further reduction by 5 percentile to fill remaining vacancies – Government opposed additional reduction citing academic interests [Paras 2-7].   Judicial Review – Policy Decisions – C...

REPORTABLE # MISCELLANEOUS APPLICATION NO. 735 OF 2022 IN WRIT PETITION (CIVIL) NO. 124 OF 2022 Docid 2022 LEJ Civil SC 51

(7) ARAVINTH R.A. .....Appellant Vs. THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS .....Respondent D.D 02/05/2022

Foreign Medical Graduates – Licentiate and Internship Regulations – Constitutionality – Regulations 4(a)(i), 4(a)(ii), 4(b), and 4(c) of the Licentiate Regulations and Schedule II, 2(a), and 2(c)(i) of the CRMI Regulations challenged – High Court upheld regulations ensuring minimum standards for foreign medical graduates [Paras 1-10].   Judicial Review – St...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 3585-3586 OF 2022 (Arising out of SLP(C) No(s). 5989-5990 of 2022) Docid 2022 LEJ Civil SC 96

(8) NARSINGH ISPAT LIMITED .....Appellant Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER .....Respondent D.D 02/05/2022

Insurance Law – Terrorism Exclusion Clause – Policy Definitions Govern – Insurance claims cannot be rejected based on the definition of terrorism in penal laws – Exclusion Clause in insurance policy defines terrorism – Rights and liabilities of parties governed by terms of policy – Definitions from penal statutes irrelevant [Paras 1-14].   Consumer Pr...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10671 OF 2016 Docid 2022 LEJ Civil SC 13

(9) THOMAS DANIEL .....Appellant Vs. STATE OF KERALA AND OTHERS .....Respondent D.D 02/05/2022

Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7115 OF 2010 Docid 2022 LEJ Civil SC 10