Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

(1) UNION OF INDIA AND ANOTHER …..Appellant Vs. CITI BANK N.A. …..Respondent D.D 24/08/2022

FERA – Limitation – Reasonable Period – Show cause notices issued in 2002 for transactions from 1992-1993 – Supreme Court held such delay unreasonable – Proceedings must be initiated within a reasonable period when no statutory period is prescribed – Eight-year record preservation limit under Banking Companies Rules supports unreasonableness of delayed notices &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9337 OF 2010 With CIVIL APPEAL NOS. 4228-4261 OF 2011 CRIMINAL APPEAL NOS. 169-170 OF 2012 Docid 2022 LEJ Civil SC 15

(2) ST. MARY’S EDUCATION SOCIETY AND ANOTHER …..Appellant Vs. RAJENDRA PRASAD BHARGAVA AND OTHERS …..Respondent D.D 24/08/2022

Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5789 OF 2022 (Arising Out of SLP (Civil) No. 1118 of 2022) Docid 2022 LEJ Civil SC 32

(3) COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE VADODARA – I …..Appellant Vs. M/S JYOTI LIMITED AND OTHERS …..Respondent D.D 24/08/2022

Service Tax – Consulting Engineer vs. Works Contract – Services such as erection, installation, and commissioning of goods at customer sites cannot be classified as consulting engineer services – Tribunal correctly held that such services fall under works contract and are not liable for service tax as consulting engineering – Revenue's appeal dismissed [Paras 2-4]. &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4721 – 4723 OF 2008 Docid 2022 LEJ Civil SC 60

(4) ZAKIR ABDUL MIRAJKAR …..Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS …..Respondent D.D 24/08/2022

Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1125 OF 2022 SLP (Criminal) No. 3213 of 2020 With CRIMINAL APPEAL NO. 1127 OF 2022 SLP (Criminal) No. 3722 of 2020 With CRIMINAL APPEAL NO. 1126 OF 2022 SLP (Criminal) No. 3629 of 2020 With CRIMINAL APPEAL NO. 1129 OF 2022 SLP (Criminal) No. 3915 of 2020 With CRIMINAL APPEAL NO. 1128 OF 2022 SLP (Criminal) No. 3943 of 2020 With CRIMINAL APPEAL NO. 1130 OF 2022 SLP (Criminal) No. 4170 of 2020 Docid 2022 LEJ Crim SC 82

(5) RAJBIR SINGH …..Appellant Vs. THE STATE OF PUNJAB …..Respondent D.D 24/08/2022

Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2152 OF 2010 Docid 2022 LEJ Crim SC 21

(6) PUSHPENDRA KUMAR SINHA .....Appellant Vs. STATE OF JHARKHAND .....Respondent D.D 24/08/2022

Criminal Law – Discharge – Appeal against dismissal of discharge application – Allegations of corruption and fraud against an Executive Engineer (EE) in Jharkhand State Electricity Board (JSEB) – No prima facie evidence of entrustment of funds, fraudulent or dishonest intent, or illegal gratification – Appellant's actions were based on instructions and approvals f...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1333 OF 2022 (Arising out of SLP (Crl.) No. 3440 of 2021) Docid 2022 LEJ Crim SC 95

(7) MD. ISLAM AND OTHERS .....Appellants Vs. THE BIHAR STATE ELECTRICITY BOARD AND OTHERS .....Respondents D.D 23/08/2022

Service Law – Assured Career Progression Scheme – Applicability – Appellants sought application of ACP Scheme retrospectively from August 9, 1999, as was done for State Government employees – BSEB adapted ACP Scheme effective from April 5, 2005 – Scheme not applicable to public undertakings or autonomous institutions unless specifically adapted – No malafide or ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5764 OF 2022 (Arising out of SLP (Civil) No. 9603 of 2019) Docid 2022 LEJ Civil SC 73

(8) UNION OF INDIA AND ANOTHER .....Appellants Vs. SUBHASH CHANDER SEHGAL AND OTHERS .....Respondents D.D 22/08/2022

Land Acquisition – Lapse of Proceedings – Section 24(2) of Act 2013 – High Court wrongly declared acquisition proceedings lapsed – Constitution Bench in Indore Development Authority v. Manoharlal (2020) overruled Pune Municipal Corporation (2014) and Sree Balaji Nagar Residential Association (2015) – Possession taken in 1987, utilized for park – No lapse when po...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5439 OF 2022 Docid 2022 LEJ Civil SC 22

(9) UNION OF INDIA AND OTHERS .....Appellants Vs. EX. HC/GD VIRENDER SINGH .....Respondent D.D 22/08/2022

Service Law – MACP Scheme – Applicability and Implementation Date – MACP Scheme implemented with effect from 1st September 2008, not 1st January 2006 – MACP Scheme provides financial upgradation to the immediate next grade pay in the hierarchy of the pay bands, not the next promotional post – Decision based on Sixth Central Pay Commission recommendations and governmen...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. ___ OF 2022 (Arising out of SLP (Civil) No. 16442 of 2021) Docid 2022 LEJ Civil SC 22