Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

(1) FOOD CORPORATION OF INDIA AND OTHERS .....Appellant Vs. ABHIJIT PAUL .....Respondent D.D 18/11/2022

Contract Law – Interpretation – Recovery of Demurrages – Clause XII (a) of the contract between FCI and transport contractors – Whether demurrages imposed by Railways can be recovered from contractors as "charges" – High Court held demurrages not recoverable as "charges" – Supreme Court affirmed, interpreting "charges" within the co...

REPORTABLE # Civil Appeal Nos. 8572-8573 of 2022 (Arising out of SLP (C) Nos. 16009-16010 of 2019) With Civil Appeal Nos. 8574-8579 of 2022 (Arising out of SLP (C) Nos. 16063-16068 of 2019) With Civil Appeal Nos. 8580-8581 of 2022 (Arising out of SLP (C) Nos. 4045-4046 of 2021) Docid 2022 LEJ Civil SC 11

(2) THE STATE OF MADHYA PRADESH .....Appellant Vs. M/S SEW CONSTRUCTION LIMITED AND OTHERS .....Respondent D.D 18/11/2022

Contract Law – Escalation Claims – Rights and duties of parties to a contract subsist or perish in terms of the contract – Contractual clause disallowing future claims for escalation unless specified conditions are met – Conditions were satisfied, thus Contractor entitled to claim escalation – Officers administering the contract have no discretion to deny escalation o...

REPORTABLE # Civil Appeal No. 8571 of 2022 (Arising out of SLP (C) No. 907 of 2020 Docid 2022 LEJ Crim SC 17

(3) M/S POLYFLEX (INDIA) PVT. LTD. .....Appellant Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER .....Respondent D.D 17/11/2022

Income Tax – Deduction under Section 80-IB – Eligibility – Assessee manufacturing polyurethane foam used as car seats – Claimed deduction under Section 80-IB – Assessing Officer, CIT(A), and High Court denied deduction, classifying product as polyurethane foam under Eleventh Schedule – Tribunal's favorable ruling for assessee overturned – Supreme Court...

REPORTABLE # Civil Appeal No. 8260 of 2022 Docid 2022 LEJ Civil SC 78

(4) PAWAN KUMAR GOEL …..Appellant Vs. STATE OF U.P. AND ANOTHER …..Respondent D.D 17/11/2022

Criminal Law – Negotiable Instruments Act – Liability of Directors – High Court quashed proceedings against the director of a company under Section 138 NI Act due to the company not being made an accused and lack of averments in the complaint stating the director was responsible for the conduct of the business – Supreme Court affirmed, emphasizing the necessity of company b...

REPORTABLE # Criminal Appeal No. 1999 of 2022 (Arising Out of SLP (Crl.) No. 1697 of 2020) With Criminal Appeal No. 2000 of 2022 (Arising Out of SLP (Crl.) No. 3566 of 2020) With Criminal Appeal No. 2001 of 2022 (Arising Out of SLP (Crl.) No. 3563 of 2020) With Criminal Appeal No. 2002 of 2022 (Arising Out of SLP (Crl.) No. 3567 of 2020) With Criminal Appeal No. 2003 of 2022 (Arising Out of SLP (Crl.) No. 4471 of 2020) Docid 2022 LEJ Crim SC 64

(5) MRS. LEELAMMA MATHEW .....Appellant Vs. M/S INDIAN OVERSEAS BANK AND OTHERS .....Respondent D.D 17/11/2022

SARFAESI Act – Bar on Civil Court Jurisdiction – Suit for recovery of damages/compensation – Plaintiff claimed damages for receiving less area than paid for – Suit not barred by Section 34 of the SARFAESI Act as it did not challenge the sale/sale certificate but sought compensation for less area received – High Court erred in holding suit barred by Section 34 [Paras 5...

REPORTABLE # Civil Appeal No. 7128 of 2022 Docid 2022 LEJ Civil SC 62

(6) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY .....Appellant Vs. RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR AND ANOTHER .....Respondent D.D 17/11/2022

Land Acquisition – Delay – Condonation and Compensation Enhancement – High Court condoned 22-year delay and enhanced compensation to Rs. 149 per sq. yard – Supreme Court upheld the compensation but exempted NOIDA from liability for statutory benefits and interest during the delayed period – Delayed statutory benefits would impose a financial burden and increase projec...

REPORTABLE # Civil Appeal Nos. 8331 - 8345 of 2022 Docid 2022 LEJ Civil SC 80

(7) WG CDR A.U. TAYYABA (RETD) AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 16/11/2022

Legitimate Expectation – Gender Discrimination – Women officers in the Indian Air Force who were inducted as SSCOs between 1993 and 1998 – Appellants were not considered for PC despite initial policy assurances – Appeals challenged the exclusion from PC and sought pensionary benefits [Paras 1-33].   Policy Implementation – Supreme Court examined the policy ...

REPORTABLE # CIVIL APPEAL NOS. 79-82 OF 2012 With CIVIL APPEAL NOS. 192-196 OF 2012 CIVIL APPEAL NOS. 83-84 OF 2012 CIVIL APPEAL NO. 5164 OF 2012 Docid 2022 LEJ Civil SC 56

(8) NANDINI SHARMA AND ANOTHER .....Appellant Vs. REGISTRAR SUPREME COURT OF INDIA AND OTHERS .....Respondent D.D 16/11/2022

Advocates Act – Constitutional Validity of AOR Rules – Petitioner challenged Order IV Rule 1(b), Rule 5, and Rule 7(c) of the Supreme Court Rules, 2013 – Contended these rules were discriminatory and violated Articles 14 and 19(1)(g) of the Constitution – Claimed the exclusive right given to AORs contravened Section 30 of the Advocates Act, 1961 [Paras 1-4].   Su...

REPORTABLE # Writ Petition (Civil) No. 1087 of 2022 (Arising from W.P.(Civil) Diary No. 25218 of 2022) Docid 2022 LEJ Civil SC 22

(9) BHAGYODAY COOPERATIVE BANK LIMITED .....Appellant Vs. RAVINDRA BALKRISHNA PATEL (DECEASED) THROUGH HIS LRS. AND OTHERS .....Respondent D.D 16/11/2022

Execution of Decree – Dismissal for Default – Second Execution Petition – High Court held second execution petition not maintainable due to dismissal of first petition for default and lack of transfer under Section 39 CPC – Supreme Court overturned, stating mere dismissal for default does not preclude fresh execution petition if within limitation period – Second execu...

REPORTABLE # Civil Appeal Nos. 8531-8532 of 2022 (Arising from SLP (Civil) No. 21943-21944 of 2018) Docid 2022 LEJ Civil SC 83