Promotees Allowed to Challenge Provisional Seniority List in Dispute Between Direct Recruitment and Promotion: Kerala High Court Frivolous Defenses Cannot Justify Leave to Defend Under Order XXXVII CPC Delhi High Court Candidates Merely Enrolled in Final Year B.V.Sc. Program Ineligible for Veterinary Officer Recruitment: Rajasthan High Court Manufacturing or Sale of Garments Does Not Attract Copyright Protection; Procedural Violations Under Trade Marks Act Renders Prosecution Unsustainable: P&H High Court Ownership Alone Is Not Sufficient to Maintain Eviction Suit; Plaintiff Must Qualify as a Lessor Under Lease Agreement: Calcutta High Court Findings Based on Evidence Cannot Be Interfered With in a Second Appeal Without Substantial Question of Law: AP High Court Chain of Circumstances Broken: Inferences Cannot Replace Proof Beyond Reasonable Doubt: Kerala High Court Bail | Prolonged Incarceration Without Trial Violates Article 21 of the Constitution: Bombay High Court Encroachment on a Common Lane Gives Rise to Recurring Cause of Action: Madras High Court Holds Limitation Act Inapplicable to Pathway Disputes Reproductive Autonomy Includes the Right to Abort Without Spousal Consent: P&H High Court Access to Writ Jurisdiction Under Article 226 is Not an Absolute Bar Against MSEFC Awards: Supreme Court Refers Key Questions on Writ Jurisdiction to Larger Bench Civil Court Jurisdiction Not Ousted for Title and Mortgage Disputes Under SARFAESI Act: Supreme Court Principle of Bail is the Rule, Jail is the Exception: Supreme Court Panchayat Law | Mandatory Compliance With Section 34 And Rule 3 Is Non-Negotiable In Resignation Cases: Bombay High Court Quashes Resignation Of Upa-Sarpanch Recovery of Bullet Fired from Accused’s Weapon Crucial: PH High Court Reaffirms Conviction in Murder Case Injured Witness Evidence Carries Built-in Reliability Unless Contradicted Significantly: Kerala High Court Partly Allows Appeal in Murder Case Civil Dispute with Criminal Elements Cannot Be Quashed Under Section 482 Cr.P.C.: Karnataka High Court Issuance of Summons Under Section 91 CrPC During Preliminary Verification is Without Jurisdiction: High Court of J&K and Ladakh Article 21 Prevails Over NDPS Act’s Section 37 Restrictions in Cases of Prolonged Incarceration: Delhi High Court Once a Property is Waqf, It Remains Waqf Perpetually: Calcutta High Court Affirms No Secular Ownership Can Derive from Waqf Properties Surveillance Without Opportunity to Object Violates Articles 14, 19, and 21: Allahabad High Court Quashes Class-B History Sheets Mandatory Provisions of Order XXI CPC Were Violated, Rendering the Auction Sale Illegal: Punjab and Haryana High Court

(1) GIRRAJ .....Appellant Vs. KIRANPAL AND ANOTHER, ETC. .....Respondent D.D 08/03/2021

Criminal Law – Bail – IPC Sections 302, 307 – Arms Act – High Court granted bail to accused on the basis of parity – Co-accused's bail subsequently canceled by Supreme Court – Orders granting bail to respondents set aside – Respondents to surrender and may apply for fresh bail [Paras 1-19]. Bail – Judicial Discretion – High Court granted...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 286-290 OF 2021 (Arising Out of Special Leave Petition (Crl) Nos. 2211-2215 of 2021) (Arising Out of Special Leave Petition (Crl) Diary No. 28132 of 2020) Docid 2021 LEJ CRIM SC 95

(2) WESTINGHOUSE SAXBY FARMER LIMITED .....Appellant Vs. COMMISSIONER OF CENTRAL EXCISE CALCUTTA .....Respondent D.D 08/03/2021

Central Excise – Classification – Electrical Relays – Chapter 85 vs. Chapter 86 – Relays manufactured by the appellant solely for railway signaling equipment – Approved classification list reclassified under Chapter 86 – Revenue's invocation of Note 2(f) of Section XVII unjustified – 'Sole or principal use' test under Note 3 overlooked – ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 37 OF 2009 Docid 2021 LEJ Civil SC 98

(3) KRISHNA LAL CHAWLA AND OTHERS .....Appellant Vs. STATE OF U.P. AND ANOTHER .....Respondent D.D 08/03/2021

Penal Code – Voluntarily Causing Hurt – Summoning Order – Quashing – The delay in filing the private complaint and material improvements from the earlier NCR No. 158/2012 noted – Trial courts have a duty to prevent frivolous litigation at the initial stage – Summoning order quashed [Paras 1-20]. Evidence Act – Judge's Power – Section 165 &ndas...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 283 OF 2021 (arising out of S.L.P. (Crl.) No. 6432/2020) Docid 2021 LEJ CRIM SC 48

(4) PRAVIN ELECTRICALS PRIVATE LIMITED .....Appellant Vs. GALAXY INFRA AND ENGINEERING PRIVATE LIMITED .....Respondent D.D 08/03/2021

Arbitration – Appointment of Arbitrator – Prima Facie Test – The Supreme Court held that a deeper consideration of whether an arbitration agreement exists between the parties must be left to an arbitrator who is to examine the documentary evidence produced before him in detail after witnesses are cross-examined. The Court set aside the Delhi High Court's judgment insofar as i...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 825 OF 2021 (@ SLP(C) No. 8718 of 2020) Docid 2021 LEJ Civil SC 35

(5) NBCC (INDIA) LIMITED .....Appellant Vs. SHRI RAM TRIVEDI .....Respondent D.D 08/03/2021

Consumer Protection – Delay in Possession – Compensation – The Supreme Court upheld the NCDRC's decision that the appellant was liable to pay compensation for the delayed handing over of possession of a residential unit. The Court noted that the delay was not justified under the force majeure clause, and the compensation rate stipulated in the contract was one-sided and const...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 274 OF 2020 Docid 2021 LEJ Civil SC 77

(6) THE STATE OF TAMIL NADU AND OTHERS .....Appellant Vs. K. SHOBANA ETC. ETC. .....Respondent D.D 05/03/2021

  Service Law – Reservation – Sections 27 and 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Reservation in direct recruitment – Meritorious candidates from reserved categories to be considered in the General Turn first – Backlog vacancies to be filled first among reserved category candidates – Misinterpretation of Sectio...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3745-3754 OF 2020 Docid 2021 LEJ Civil SC 57

(7) RAVURI KRISHNA MURTHY .....Appellant Vs. THE STATE OF TELANGANA AND OTHERS .....Respondent D.D 05/03/2021

Criminal Procedure Code – Section 482 – Quashing of FIR – High Court cannot pass a blanket order of protection from arrest – Proceedings ended once High Court declined to quash the FIR – Remedies under CrPC available to accused for protecting liberty – Blanket direction impedes investigation – Appeal allowed, High Court order set aside [Paras 2-11]. Jud...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 274-275 OF 2021 (Arising out of SLP (Crl) Nos. 6582-6583 of 2020) Docid 2021 LEJ CRIM SC 67

(8) MADAN MOHAN SINGH .....Appellant Vs. VED PRAKASH ARYA .....Respondent D.D 05/03/2021

Landlord and Tenant Relationship – Possession – No evidence of tenancy – Defendant's admission of not maintaining rent records – Relationship of landlord and tenant not proven – Defendant's claim of tenancy based on conjectures – Partnership deed executed on 18.12.1976 not a sham document – Defendant's tenancy claim denied – Appeal allowe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 814-815 OF 2021 (Arising out of SLP(C) Nos. 11009-11010 of 2019) Docid 2021 LEJ Civil SC 35

(9) UNION PUBLIC SERVICE COMMISSION .....Appellant Vs. BIBHU PRASAD SARANGI AND OTHERS .....Respondent D.D 05/03/2021

Administrative Law – Promotion to IAS – Reconsideration of Promotion – High Court endorsed Tribunal's directions without independent analysis – 'Cut-copy-paste' judgment critiqued – Importance of reasoned judicial decisions emphasized – Judgment set aside, writ petition restored for fresh adjudication [Paras 3-9]. Judicial Reasoning – Necess...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 821 OF 2021 (Arising out of Special Leave Petition (C) No. 4066 of 2021) (Arising out of Special Leave Petition (C) Diary No. 9660 of 2020) Docid 2021 LEJ Civil SC 38