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) HDFC BANK LTD. AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 30/09/2022

Right to Information vs. Right to Privacy – Balance of Rights – Petitioners (Banks) challenged the RBI’s directive to disclose information under RTI – Supreme Court acknowledged the conflict between the fundamental right to information and the fundamental right to privacy – Held, courts must balance these rights carefully, ensuring neither is disproportionately compro...

REPORTABLE # WRIT PETITION (CIVIL) NO. 1159 OF 2019 With I.A. No. 68597 of 2021 and I.A. No. 51632 of 2022 in and Writ Petition (Civil) No. 1159 of 2019 I.A. No. 54521 of 2022 in and Writ Petition (Civil) No. 683 of 2021 Writ Petition (Civil) No. 1469 of 2019 Writ Petition (Civil) No. 690 of 2021 Writ Petition (Civil) No. 709 of 2021 Writ Petition (Civil) No. 768 of 2021 Writ Petition (Civil) No. 765 of 2021 SLP (Civil) No. 14343 of 2022 Docid 2022 LEJ Civil SC 72

(2) C.S. RAMASWAMY .....Appellant Vs. V.K. SENTHIL AND OTHERS .....Respondent D.D 30/09/2022

Rejection of Plaint – Limitation – Appellant challenged the High Court’s dismissal of revision petitions confirming trial court’s refusal to reject plaints under Order VII Rule 11(d) CPC – Supreme Court held that the respective suits were barred by limitation as they were filed 10 years after the execution of sale deeds – Held, vague allegations and clever draft...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 500 OF 2022 With CIVIL APPEAL NO. 504 OF 2022 CIVIL APPEAL NO. 505 OF 2022 CIVIL APPEAL NO. 506 OF 2022 CIVIL APPEAL NO. 502 OF 2022 CIVIL APPEAL NO. 501 OF 2022 CIVIL APPEAL NO. 503 OF 2022 Docid 2022 LEJ Civil SC 48

(3) MUNIKRISHNA @ KRISHNA ETC. .....Appellant Vs. STATE BY ULSOOR PS .....Respondent D.D 30/09/2022

Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction under Section 302 read with Section 34 IPC – High Court upheld trial court's decision – Supreme Court set aside the conviction – Held, reliance on voluntary statements made to police inadmissible under Section 161 Cr.P.C. and Article 20(3) of the Constitution – Lack of dir...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1597-1600 OF 2022 Docid 2022 LEJ Crim SC 60

(4) X .....Appellant Vs. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER .....Respondent D.D 29/09/2022

Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...

REPORTABLE # Civil Appeal No. 5802 of 2022 (Arising out of SLP (C) No. 12612 of 2022) Docid 2022 LEJ Civil SC 99

(5) M/S PRIME PROPERTIES .....Appellant Vs. SANA LAKSHMI DEVI (DIED) THROUGH HER LRS AND OTHERS .....Respondent D.D 29/09/2022

Civil Procedure – Review Petition – Trial Court initially rejected plaintiff's application to file a rejoinder – Plaintiff filed review petition, presenting the rejoinder was already filed – Trial Court reviewed its decision and accepted the rejoinder – High Court disapproved, stating review powers were exceeded – Supreme Court held review was justified, all...

REPORTABLE # Civil Appeal No. of 2022 (Arising Out of SLP (C) No. 6464 of 2022) Docid 2022 LEJ Civil SC 34

(6) M/S. JINDAL STEEL AND POWER LIMITED .....Appellant Vs. THE CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND OTHERS .....Respondent D.D 29/09/2022

  Electricity Law – Grant of Licence – Minimum Area of Supply – Appeal against the cancellation of distribution licence – Interpretation of Section 14 of the Electricity Act, 2003, and Explanation to Rule 3 of the Distribution of Electricity Rules, 2005 – Held, 'minimum area of supply' within a municipal council or corporation does not imply the entire...

REPORTABLE # Civil Appeal Nos. 3607-3610 of 2008 With Civil Appeal Nos. 4104-4107 of 2008 Docid 2022 LEJ Civil SC 83

(7) SUKHBIRI DEVI AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 29/09/2022

Civil Procedure – Preliminary Issue – Limitation – Determination of Limitation as a Preliminary Issue – Issue of limitation can be framed and determined as a preliminary issue under Order XIV Rule 2(2)(b) CPC when it can be decided on admitted facts – Though limitation is a mixed question of law and facts, it becomes a question of law when foundational facts determini...

REPORTABLE # Civil Appeal No. 10834 of 2010 Docid 2022 LEJ Civil SC 48

(8) ANJU GARG AND ANOTHER .....Appellant Vs. DEEPAK KUMAR GARG .....Respondent D.D 28/09/2022

Maintenance – Section 125 CrPC – Husband's Duty to Provide – Husband is required to earn money even by physical labor if he is able-bodied and cannot avoid his obligation except on legally permissible grounds – The Court directed the husband to pay a maintenance amount of Rs. 10,000 per month to the wife [Paras 9-13].   Social Justice – Section 125 CrPC...

REPORTABLE # Criminal Appeal No. 1693 of 2022 (Arising out of SLP(Crl) No. 10353 of 2018) Docid 2022 LEJ Crim SC 37

(9) CHOTKAU .....Appellant Vs. STATE OF UTTAR PRADESH .....Respondent D.D 28/09/2022

Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction and death sentence for rape and murder – Prosecution relied solely on circumstantial evidence without medical examination of the accused – Failure to obtain Forensic Sciences Laboratory report on blood/semen stains – Prosecution’s failure to provide medical evidence critical w...

REPORTABLE # Criminal Appeal Nos. 361-362 of 2018 Docid 2022 LEJ Crim SC 34