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) THE STATE (GNCT OF DELHI) NARCOTICS CONTROL BUREAU .....Appellant Vs. LOKESH CHADHA .....Respondent D.D 02/03/2021

Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...

REPORTABLE # CRIMINAL APPEAL NO. 257 OF 2021 (Arising Out of SLP (Crl) No 670 of 2021) Docid 2021 LEJ CRIM SC 22

(2) SHIVAJI CHINTAPPA PATIL .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent D.D 02/03/2021

Penal Code – Murder – Circumstantial Evidence – Absence of Motive – Lack of evidence suggesting violence or struggle – Medical expert did not rule out suicidal death – Post-Mortem report indicated death due to asphyxia by hanging – Absence of motive weighs in favor of the accused – Benefit of doubt given – Appellant acquitted [Paras 1-34]. C...

REPORTABLE # CRIMINAL APPEAL NO. 1348 OF 2013 Docid 2021 LEJ CRIM SC 70

(3) MURALI ALIAS DHANANJAYAN .....Appellant Vs. MURALI ALIAS DHANANJAYAN .....Appellant D.D 02/03/2021

Land Acquisition – Compensation – Section 28(A) Land Acquisition Act – Entitlement to enhanced compensation – Appellant entitled to compensation re-determined in accordance with enhanced compensation awarded to his father and brother by the same notification – Reference Court’s denial of relief on grounds of delay held erroneous – Appeal allowed, compensat...

REPORTABLE # CIVIL APPEAL NO. 138 OF 2012 Docid 2021 LEJ Civil SC 73

(4) THE COMMISSIONER COMMERCIAL TAX U.P. LUCKNOW .....Appellant Vs. S/S RUJHAN STUDIO .....Respondent D.D 02/03/2021

Taxation – UP VAT Act – Classification of Goods – Embroidered ladies suits considered as "textile made ups" – Respondent's process includes cutting, embroidery, and partial stitching – Product does not remain 'textile' under Entry 21 of Schedule I, nor does it qualify as 'other textile made ups' under Entry 16 of Schedule II – Produ...

REPORTABLE # CIVIL APPEAL NO. 793 OF 2021 (Arising out of SLP(C) No. 3885 of 2021 @ SLP(C) D No. 12951 of 2020) With CIVIL APPEAL NO. 794 OF 2021 (Arising out of SLP(C) No. 3886 of 2021) CIVIL APPEAL NO. 795 OF 2021 (Arising out of SLP(C) No. 3887 of 2021) Docid 2021 LEJ Civil SC 52

(5) SRIDEVI DATLA .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondents D.D 02/03/2021

National Green Tribunal Act – Condonation of Delay – Environmental Clearance – NGT's rejection of application for condonation of delay was erroneous – Communication of order includes dissemination to affected parties, not just publication on the website – Delay explained due to voluminous documents and need for expert legal advice – Appeal allowed, delay con...

REPORTABLE # CIVIL APPEAL NO. 3136 OF 2020 Docid 2021 LEJ Civil SC 53

(6) M/S. CHITRALEKHA BUILDERS AND ANOTHER THROUGH ANIL G. SHAH POWER OF ATTORNEY AND HUSBAND OF THE PARTNER .....Appellant Vs. G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LIMITED AND ANOTHER .....Respondent D.D 01/03/2021

Civil Procedure – Consent Decree – Non-Party Rights – Appellants were not parties to consent orders passed in Suit No. 1335/1988 – Consent orders not binding on non-parties – Appellants' rights to be adjudicated independently in pending Suit No. 3162/2005 – Appeal dismissed with observations to protect appellants' rights [Paras 1-21]. Judicial Review ...

REPORTABLE # CIVIL APPEAL NO. 946 OF 2016 Docid 2021 LEJ Civil SC 76

(7) SONU @ SUBHASH KUMAR .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 01/03/2021

Criminal Law – Rape – Consent and Misconception of Fact- The relationship between the appellant and the second respondent was consensual and lasted for one and a half years. The appellant's subsequent refusal to marry the respondent does not amount to a false promise at inception, which is necessary to establish a "misconception of fact" under Section 375 IPC. The Supreme...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 233 OF 2021 (Arising out of SLP (Crl) No. 11218 of 2019) Docid 2021 LEJ CRIM SC 83

(8) THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE .....Appellant Vs. TR N SEENIVA SAGAN .....Respondent D.D 01/03/2021

Criminal Law – Recall of Witnesses – Section 311 CrPC- Section 311 CrPC provides the court with wide discretionary power to summon or recall witnesses if their evidence appears essential to the just decision of the case. The Supreme Court emphasized that the true test is whether the evidence of such person is crucial for resolving the issues in the trial, irrespective of the case&...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 231-232 OF 2021 (Arising out of SLP (Crl) Nos. 3104-3105 of 2020) Docid 2021 LEJ CRIM SC 23

(9) KAPIL AGARWAL AND OTHERS .....Appellant Vs. SANJAY SHARMA AND OTHERS .....Respondent D.D 01/03/2021

Abuse of Process – Inherent Powers under Section 482 CrPC – Quashing of FIR- The inherent powers of the High Court under Section 482 CrPC or Article 226 of the Constitution can be invoked to quash criminal proceedings if it is found that the proceedings amount to an abuse of process of law or are intended to harass the accused. The Supreme Court highlighted that criminal proceedin...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 142 OF 2021 Docid 2021 LEJ CRIM SC 17