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) BALRAM SINGH .....Appellant Vs. KELO DEVI .....Respondent D.D 23/09/2022

Civil Law – Permanent Injunction – Appeal against High Court's decision affirming the first appellate court's decree for permanent injunction – Based on an unregistered agreement to sell on ten rupees stamp paper – Supreme Court holds that such an unregistered document is inadmissible in evidence for substantive relief – Plaintiff cannot obtain relief indirect...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6733 OF 2022 Docid 2022 LEJ Civil SC 76

(2) AMINUDDIN .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondents D.D 23/09/2022

Criminal Law – Bail Cancellation – High Court granted bail to the respondent based on parity with co-accused – Supreme Court finds that bail granted to co-accused was previously disapproved – Bail order found to suffer from illegality and impropriety – High Court failed to consider the gravity of the offense and relevant factors – Impugned order set aside [Paras...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. _____ OF 2022 (Arising out of SLP (Crl.) No. 5029 of 2021) Docid 2022 LEJ Crim SC 30

(3) OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. POLARIS GALAXY .....Appellant Vs. BANQUE CANTONALE DE GENEVE .....Respondent D.D 23/09/2022

Admiralty Law – Addition of Parties – Appealability – Commercial Division (Single Bench) of the High Court ordered the addition of Gulf Petroleum FZC as a party in the admiralty suit – Division Bench set aside this order – Supreme Court finds that an order under Order 1 Rule 10(2) of CPC is not appealable under Section 14 of the Admiralty Act – Intra-court appea...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6897-6898 OF 2022 (Arising out of SLP (C) Nos. 19314-19315 of 2021) Docid 2022 LEJ Civil SC 68

(4) UNION OF INDIA AND OTHERS .....Appellant Vs. G.R. MEGHWAL .....Respondent D.D 23/09/2022

Service Law – Adverse Entries in ACR – Respondent's ACRs for 2005-2006 and 2006-2007 were "Very Good" but downgraded to "Good" for 2007-2008 by the same reviewing officer – No valid reasons provided for the downgrade – Tribunal and High Court directed Department to reassess respondent’s suitability for SAG excluding the 2007-2008 ACR – Ap...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2021 OF 2022 Docid 2022 LEJ Civil SC 94

(5) THE INSPECTOR OF PANCHAYATS AND DISTRICT COLLECTOR, SALEM .....Appellant Vs. S. ARICHANDRAN AND OTHERS .....Respondents D.D 23/09/2022

Service Law – Disciplinary Enquiry – High Court found the enquiry against the respondent was conducted in violation of principles of natural justice – Respondent was not given a copy of the Inquiry Officer’s Report nor an opportunity to comment on it – High Court ordered reinstatement with full back wages – Supreme Court held that proper remedy is to remit the c...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6776 OF 2022 Docid 2022 LEJ Civil SC 75

(6) M/S. MUNJAL SHOWA LTD. .....Appellant Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE (DELHI - IV) .....Respondent D.D 23/09/2022

Customs Law – Demand of Duty – Fraudulent DEPB Licenses – DEPB licenses found to be forged/fake are void ab initio – Fraud vitiates everything – Department justified in invoking the extended period of limitation – Duty liability confirmed by the Department, Tribunal, and High Court upheld by Supreme Court [Paras 1-12].   Extended Limitation – Ju...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2576 OF 2010 With CIVIL APPEAL NO. 5608 OF 2011 Docid 2022 LEJ Civil SC 83

(7) JEETUBHA KHANSANGJI JADEJA .....Appellant Vs. KUTCHH DISTRICT PANCHAYAT .....Respondent D.D 23/09/2022

Service Law – Illegal Termination – Reinstatement and Back Wages – Appellant, a watchman, terminated without notice or procedure under Industrial Disputes Act – Labour Court and Single Judge found termination illegal, ordered reinstatement without back wages – Division Bench replaced reinstatement with lump sum compensation – Supreme Court restores reinstatement...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6890 OF 2022 [@ SLP (Civil) No. 8393 of 2022] Docid 2022 LEJ Civil SC 87

(8) HARPAL SINGH AND ANR. ETC. ETC. .....Appellant Vs. STATE OF PUNJAB ETC. ETC. .....Respondent D.D 23/09/2022

Land Acquisition – Compensation – Enhancement – Appeals challenge compensation awarded by the High Court – Supreme Court enhances compensation further by Rs. 100,000 and Rs. 200,000 per acre for different sets of appeals, following precedent cases – Delay in filing appeals leads to denial of statutory benefits including interest from the date of the High Court judgmen...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6744-6758 OF 2022 With CIVIL APPEAL NOS. 6740-6743 OF 2022 With CIVIL APPEAL NOS. 6734-6739 OF 2022 Docid 2022 LEJ Civil SC 53

(9) SMT. KALAVATI AND OTHERS .....Appellant Vs. MIRZA KAISAR BAIG AND ANOTHER .....Respondent D.D 23/09/2022

Motor Accident Claims – Compensation Enhancement – Deceased persons were drivers with valid licenses – Tribunal awarded compensation based on Rs. 7500/- per month income – High Court enhanced to Rs. 8500/- per month – Supreme Court further enhances considering income as Rs. 10000/- per month with 40% future prospects [Paras 2-4].   Loss of Dependency &ndash...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6676 OF 2022 With CIVIL APPEAL NO. 6677 OF 2022 Docid 2022 LEJ Civil SC 10