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) P. DAIVASIGAMANI .....Appellant Vs. S. SAMBANDAN .....Respondent D.D 12/10/2022

Specific Performance – Readiness and Willingness – Compliance of "readiness and willingness" under Section 16(c) to be in spirit and substance, not merely in form – High Court's finding of compliance affirmed – Plaintiff had made specific pleadings and provided evidence of readiness and willingness to perform contractual obligations [Paras 1-88].   ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9006 OF 2011 Docid 2022 LEJ Civil SC 59

(2) DEVENDRA NATH SINGH .....Appellant Vs. STATE OF BIHAR AND OTHERS .....Respondent D.D 12/10/2022

Criminal Law – Quashing of Cognizance – Misappropriation of stocks worth Rs. 16,99,648/- – High Court directed further investigation into the role of the appellant, a District Manager, despite his exoneration in departmental proceedings – Supreme Court upheld the High Court's order for further investigation but expunged remarks prejudicial to the appellant – Inves...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1768 OF 2022 (Arising Out of SLP (Crl.) No. 9609 of 2022 @ Diary No. 22814 of 2019) Docid 2022 LEJ Crim SC 71

(3) CHECKMATE SERVICES P. LIMITED .....Appellant Vs. COMMISSIONER OF INCOME TAX-1 .....Respondent D.D 12/10/2022

Income Tax – Employee Contribution – Deduction of Employees' Contributions to PF/ESI – Section 36(1)(va) vs. Section 43B – Contributions must be deposited on or before the due date specified in the respective acts for deduction eligibility – Distinction between employer's contribution (Section 36(1)(iv)) and employees' contribution (Section 36(1)(va)) uphe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2833 OF 2016 With C.A. No. 2830 of 2016, C.A. No. 159 of 2019, C.A. No. 2832 of 2016, C.A. No. 2831 of 2016, C.A. No. 2022 (Arising Out of SLP(C) No. 23388 of 2019), C.A. No. 2022 (Arising Out of SLP(C) No. 23295 of 2019), C.A. No. 2022 (Arising Out of SLP(C) Nos. 4971-4973 of 2020), C.A. No. 2022 (Arising Out of SLP(C) No. 4241 of 2020), C.A. No. 2022 (Arising Out of SLP(C) No. 17739 of 2019), C.A. No. 2022 (Arising Out of SLP(C) No. 3250 of 2019), C.A. No. 2022 (Arising Out of SLP(C) No. 1358 of 2019), C.A. No. 2022 (Arising Out of SLP(C) No. 25483 of 2019), C.A. No. 2022 (Arising Out of SLP(C) No. 32361 of 2015) and C.A. No. 2022 (Arising Out of SLP(C) No. 24548 of 2016) Docid 2022 LEJ Civil SC 66

(4) BHARAT PETROLEUM CORPORATION LTD. (BPCL) AND OTHERS .....Appellant Vs. NISAR AHMED GANAI AND OTHERS .....Respondent D.D 12/10/2022

Land Acquisition – Compensation – Jammu and Kashmir State Land Acquisition Act, 1990 – Acquisition proceedings initiated under the State Act of 1990 – High Court directed compensation as per the Act, 2013 – Supreme Court held Act, 2013 not applicable to State Act of 1990 – Compensation to be determined under the State Act of 1990 – High Court's order s...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6778 - 6780 OF 2022 With CIVIL APPEAL NOS. 6781 - 6783 OF 2022 Docid 2022 LEJ Civil SC 94

(5) M/S. M.S.P.L. LIMITED .....Appellant Vs. THE STATE OF KARNATAKA AND OTHERS .....Respondent D.D 11/10/2022

Land Acquisition – Public Purpose – Karnataka Industrial Areas Development Act, 1966 – Land acquisition for private companies – Acquisition upheld when for public purpose and in furtherance of Act's objectives – Regulations permit land allotment to single company for industrial development with State Government's consultation – Acquisition for MSPL and A...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4678 OF 2021 (Arising Out of SLP (Civil) No. 23353 of 2012) With CIVIL APPEAL NO. 4679-4698 OF 2021 (Arising Out of SLP (Civil) Nos. 21310-21329 of 2012) CIVIL APPEAL NO. 4699-4719 OF 2021 (Arising Out of SLP (Civil) Nos. 20866-20886 of 2012) CIVIL APPEAL NO. 4745-4747 OF 2021 (Arising Out of SLP (Civil) Nos. 21915-21917 of 2013) Docid 2022 LEJ Civil SC 32

(6) LALAN KUMAR SINGH AND OTHERS .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent D.D 11/10/2022

Criminal Law – Issuance of Process – Section 204 CrPC – Requirement for reasoned order – Magistrate must provide reasons for concluding prima facie case against accused – Issuance of process is not an empty formality – Order of Magistrate set aside for lack of reasons [Paras 28-30].   Vicarious Liability – Section 34 of Drugs and Cosmetics Act &...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1757 OF 2022 (Arising Out of SLP (Crl.) No. 8882 of 2015) Docid 2022 LEJ Crim SC 50

(7) SMT. IMLIKOKLA LONGCHAR AND OTHERS .....Appellant Vs. THE STATE OF NAGALAND AND OTHERS .....Respondent D.D 11/10/2022

Service Law – Seniority Determination – Officiating Period Exclusion – Seniority calculation must exclude period spent in a promotional post on officiating basis unless specified otherwise in rules – Officiating service cannot count towards length of service in a particular post for seniority purposes – Appellants' seniority claim based on officiating service reje...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7756 OF 2022 (Arising Out of Special Leave to Appeal (C) No. 27603 of 2019) Docid 2022 LEJ Civil SC 22

(8) Y. SAI SATYA PRASAD AND OTHERS .....Appellant Vs. D. PRABHAKARA RAO AND OTHERS .....Respondent D.D 11/10/2022

Contempt of Court – Deliberate Disobedience – Allegation of willful disobedience of the Supreme Court's order directing absorption of employees in Telangana Power Utilities – Non-compliance by Telangana Power Utilities with the Concluding Final Report submitted by One Man Committee [Paras 1-9].   Compliance with Court Orders – Absorption of Employees – ...

REPORTABLE # Contempt Petition (Civil) D. No. 28852 of 2020 Docid 2022 LEJ Civil SC 84

(9) THBHAI TRIKAMBHAI PATEL .....Appellant Vs. HITESH MAHENDRABHAI PATEL AND ANOTHER .....Respondent D.D 11/10/2022

Negotiable Instruments Act – Sections 56 and 138 – Part-payment and Endorsement – Offence under Section 138 requires the cheque to represent a legally enforceable debt at the time of maturity or presentation – Part-payment made before maturity must be endorsed on the cheque as per Section 56 – Unendorsed cheque presented for encashment, if dishonoured, does not attrac...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1497 OF 2022 Docid 2022 LEJ Crim SC 37