Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

(1) 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

(2) 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

(3) VARIMADUGU OBI REDDY .....Appellant Vs. B. SREENIVASULU AND OTHERS .....Respondent D.D 16/11/2022

SARFAESI Act – Typographical Error – Auction Validity – High Court set aside e-auction sale due to a typographical error in the property description (Door No. 12-3-393 instead of 12-3-39) – Supreme Court held typographical error inconsequential as no prejudice was caused – Full property description with boundaries provided – Auction process upheld [Paras 13, 35-...

REPORTABLE # Justices Ajay Rastogi and C.T. Ravikumar Docid 2022 LEJ Civil SC 55

(4) KERALA STATE ELECTRICITY BOARD LIMITED AND ANOTHER .....Appellant Vs. RUBFILA INTERNATIONAL LIMITED AND OTHERS .....Respondent D.D 15/11/2022

Electricity Tariff – Concessional Rates – Respondent industrial unit started commercial production on March 26, 1995, and sought concessional tariffs based on the Government Order (GO) dated February 6, 1992 – Dispute over whether the benefit period should start from the date of commercial production or the date of energisation – High Court initially ruled in favor of comme...

REPORTABLE # CIVIL APPEAL NO(s). OF 2022 (Arising out of SLP (C) NO(s). 28366-28367 of 2019) Docid 2022 LEJ Civil SC 92

(5) SINGAPORE AIRLINES LIMITED .....Appellant Vs. C.I.T. DELHI .....Respondent D.D 14/11/2022

Tax Deduction at Source (TDS) – Commission and Brokerage – Supplementary Commission – Travel agents earning amounts over the Net Fare set by airlines – Section 194H of IT Act mandates TDS on such amounts if principal-agent relationship exists – Supplementary Commission to be included for TDS deduction [Paras 1-19].   Principal-Agent Relationship – Ana...

REPORTABLE # CIVIL APPEAL NO. 6964-6965 OF 2015 With CIVIL APPEAL NO. 6966-6967 OF 2015 CIVIL APPEAL NO. 6968 OF 2015 Docid 2022 LEJ Civil SC 63

(6) VINAY PRAKASH SINGH .....Appellant Vs. SAMEER GEHLAUT .....Respondent D.D 14/11/2022

Contempt of Court – Imprisonment Term – Applicant (contemnor) in continuous custody from February 3, 2020, seeks clarification on the commencement date of the six-month imprisonment term imposed by the Supreme Court’s order dated September 22, 2022 – Applicant contends term should start from February 3, 2020 – Supreme Court rejects contention, holding that custody in ...

REPORTABLE # MISCELLANEOUS APPLICATION NO. 1902 OF 2022 (@ Diary No. 33420 of 2022) Docid 2022 LEJ Crim SC 22

(7) AMIT SINGH .....Appellant Vs. RAVINDRA NATH PANDEY AND OTHERS ETC. ETC. .....Respondent D.D 11/11/2022

Seniority – Promotees vs. Direct Recruits – Promotees and direct recruits appointed in the same recruitment year (1997-1998) for the post of ACOs – Seniority list prepared by the State giving higher seniority to direct recruits challenged – High Court ruled in favor of promotees – Supreme Court upheld High Court's decision [Paras 1-28].   Application of...

REPORTABLE # CIVIL APPEAL NOS. 8324-8327 OF 2022 (Arising Out of SLP (Civil) Nos. 30734-30737 of 2014) Docid 2022 LEJ Civil SC 61

(8) ISTKAR .....Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 11/11/2022

Bond Forfeiture – Excessive Amount – Appellant, a daily-wage earner, furnished a bond of Rs. 500,000 under Section 107 CrPC for keeping the peace during Panchayat Elections – Allegations of illegal construction and obstruction of officials – Magistrate ordered forfeiture of the entire bond amount – High Court and Revisional Court upheld the order – Supreme Court...

REPORTABLE # CRIMINAL APPEAL NO. 2034 OF 2022 (Arising Out of SLP (Crl.) No. 8586 of 2022) Docid 2022 LEJ Crim SC 32

(9) GIREESAN NAIR AND OTHERS ETC. .....Appellant Vs. STATE OF KERALA .....Respondent D.D 11/11/2022

Test Identification Parade (TIP) – Inadmissibility of TIP Conducted with Police Presence – Evidence of TIP is not substantive and is meant to corroborate in-court identification – TIP must be conducted without undue delay and without the accused being seen by witnesses beforehand – TIP conducted with police presence or after the accused is shown to witnesses invalidates its...

REPORTABLE # CRIMINAL APPEAL NOS. 1864-1865 OF 2010 Docid 2022 LEJ Crim SC 75