After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Anti-Suit Injunction in Matrimonial Dispute Set Aside: Calcutta High Court Refuses to Stall UK Divorce Proceedings Filed by Wife Res Ipsa Loquitur Not a Substitute for Proof of Negligence: Delhi High Court Affirms Acquittal in Fatal Road Accident Case NSA Detention Doesn’t Bar Framing of Charges If Prima Facie Evidence Exists: Punjab & Haryana High Court Upholds Charges in Ajnala Police Station Violence Case Continued Contractual Service Despite Sanctioned Posts Is Unfair Labour Practice: Orissa High Court Orders Regularization Of ECG Technicians After 15 Years Will Duly Proved Even If Witnesses Forget Details After Eight Years: Madras High Court Validates Bequest, Sets Aside Partition Decree Writ Petition Not Maintainable Where Commercial Appeal Remedy Exists: Karnataka High Court Dismisses Petition, Permits Conversion Under Commercial Courts Act Circumstantial Evidence Must Be Cogent, But Caste-Based Offences Demand Specific Intent: Supreme Court Draws Line Between Heinous Crimes and Caste Atrocities Court Must Step into Testator’s Shoes, Not Substitute His Intent: Supreme Court Upholds Will Excluding One Daughter Production of Arbitration Clause is Enough - Not Conduct Mini-Trials on Capacity or Consortium Structure: Supreme Court Title to Property Must Be Proven by Evidence, Not Just Claimed by Deed: Supreme Court Strikes Down Injunction Order Rejecting Police Investigation Is Not Interlocutory Where It Affects Complainant’s Right to Fair Probe in Murder Case: Madhya Pradesh High Court Restores Revision in 156(3) Application Rejection Conviction Cannot Rest On Contradictions, Hostility And Conjecture: Supreme Court Acquits Seven Accused In 2010 Village Murder Power to Lower NEET Percentile Lies Only With Centre - States Can’t Dilute NEET by Administrative Letters: Supreme Court Imposed 10 Crore Cost On Private Dental College Identification Without TIP, Electronic Records Without 65B Certificate – Conviction Set Aside: Patna High Court Nothing Inflicts A Deeper Wound On Our Constitutional Culture Than A State Official Running Berserk Regardless Of Human Rights: Jharkhand High Court Orders ₹1.5 Lakh Interim Compensation Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Dishonour Due to ‘Account Blocked’ Not Attributable to Drawer—No Offence Under Section 138 NI Act: Delhi High Court Quashes Criminal Proceedings Presumption Under Section 139 NI Act Cannot Be Rebutted By Mere Assertions: Delhi High Court Affirms Conviction In 32-Year-Old Cheque Bounce Case Accused Cannot Demand Documents During Investigation Merely to Assist in Answering Queries: Delhi High Court Upholds Dismissal of S.91 CrPC Plea in Bank Fraud Probe Once a Person is a Major, They Are Free to Choose Their Partner – Absence of Marriage No Ground To Deny Protection: Allahabad High Court Connivance Can’t Be Washed Away by Exoneration: P&H High Court Upholds Penalty on Forest Guard Despite Enquiry Clean Chit Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act

(1) SH. RAM CHANDER (DEAD) THR LRS .....Appellant Vs. UNION OF INDIA .....Respondent D.D 20/04/2022

Land Acquisition – Compensation Enhancement – Review petitions allowed by High Court on basis of Supreme Court's earlier remand in related case (Bhola Nath Sharma) – Subsequent developments: High Court re-enhanced compensation to Rs. 2000/- per sq. yard and Supreme Court dismissed SLP against this – Ground for High Court's review decision no longer valid – Sup...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2926-2927 OF 2022 With CIVIL APPEAL NO. 2928 OF 2022 Docid 2022 LEJ Civil SC 18

(2) STATE OF ODISHA AND OTHERS ETC. ETC. .....Appellants Vs. SULEKH CHANDRA PRADHAN ETC. ETC. .....Respondents D.D 20/04/2022

Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].   Judicial Propriety – Consistency in Tribunal...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3036-3064 OF 2022 (Arising Out of SLP (Civil) Nos. 22987-23015 of 2019) Docid 2022 LEJ Civil SC 37

(3) DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS .....Appellants Vs. DR. M.A. METHUSETHUPATHI AND OTHERS .....Respondents D.D 20/04/2022

Medical Negligence – Post-Operative Care – Patient's Death – Supreme Court held that mere inability to save a patient does not constitute medical negligence – A medical practitioner is not liable for errors of judgment or choosing one reasonable course of treatment over another – Duty of care requires medical protocol to be followed with reasonable skill and compe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6507 OF 2009 Docid 2022 LEJ Civil SC 17

(4) ANIL KUMAR UPADHYAY .....Appellant Vs. THE DIRECTOR GENERAL SSB AND OTHERS .....Respondents D.D 20/04/2022

Service Law – Disciplinary Proceedings – Quantum of Punishment – Supreme Court emphasized that the question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority – Judicial review by High Courts and Administrative Tribunals under Article 226 of the Constitution is limited to the applicability of Wednesbury principles – Interferen...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2707 OF 2022 Docid 2022 LEJ Civil SC 36

(5) U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER .....Appellant Vs. RAM SINGH (D) TH. LRS. AND OTHERS .....Respondents D.D 20/04/2022

Land Acquisition – Withdrawal from Acquisition – Section 48(1) of the Land Acquisition Act, 1894 – Notification dated 07.07.2005 exempting land from acquisition – Appellant's failure to challenge said notification – Subsequent order dated 25.04.2008 attempting to cancel exemption based on Government Order dated 15.09.2006 – Supreme Court held that Government...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3023-3024 OF 2022 (Arising Out of SLP(C) Nos. 23996-23997 of 2017) With CIVIL APPEAL NOS. 3025-3026 OF 2022 (Arising Out of SLP(C) Nos. 23899-23900 of 2017) Docid 2022 LEJ Civil SC 27

(6) UNION OF INDIA AND OTHERS .....Appellants Vs. M/S. WILLOWOOD CHEMICALS PRIVATE LIMITED AND ANOTHER, M/S. SARAF NATURAL STONE AND ANOTHERS .....Respondents D.D 19/04/2022

  Taxation – Interest on Delayed Refunds – Section 56 of CGST Act – Supreme Court held that interest at the rate of 6% per annum applies unless covered by the proviso to Section 56 – Proviso applies where refund arises from an order passed by adjudicating authority or court – In present case, no such order existed, hence 6% interest rate applies – High C...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2995-2996 OF 2022 (Arising Out of Special Leave To Appeal (C) Nos. 7312-7313 of 2022) With CIVIL APPEAL NOS. 2997-2998 OF 2022 (Arising Out of Special Leave To Appeal (C) Nos. 7314-7315 of 2022) Docid 2022 LEJ Civil SC 96

(7) ALL INDIA JUDGES ASSOCIATION AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 19/04/2022

Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...

REPORTABLE # I.A. No. 89454 of 2021 in Writ Petition (C) No. 1022 of 1989 With I.A. No. 89450 of 2021; I.A. No. 88976 of 2021; I.A. No. 249 of 2009; I.A. No. 44132 of 2022 in I.A. No. 89450 of 2021 in Writ Petition (C) No. 1022 of 1989 Docid 2022 LEJ Civil SC 89

(8) RAMRAO SHANKAR TAPASE .....Appellant Vs. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS .....Respondents D.D 19/04/2022

Land Acquisition – Enhancement of Compensation – Section 18 of the Land Acquisition Act, 1894 – Appellants challenged the compensation awarded by the Land Acquisition Officer, seeking enhancement – Reference Court increased compensation – High Court partly allowed appeals, reducing compensation – Supreme Court observed that future use of acquired land for indust...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2732 OF 2022 With CIVIL APPEAL NOS. 2746-2747 OF 2022 (Arising from SLP(Civil) Nos. 6309-6310/2022 @ Diary No. 8900/2021) CIVIL APPEAL NO. 2745 OF 2022 (Arising from SLP(Civil) No. 6308/2022 @ Diary No. 36320/2019) CIVIL APPEAL NO. 2744 OF 2022 CIVIL APPEAL NOS. 2733-2734 OF 2022 CIVIL APPEAL NOS. 2737-2738 OF 2022 CIVIL APPEAL NOS. 2740-2741 OF 2022 CIVIL APPEAL NO. 2739 OF 2022 CIVIL APPEAL NOS. 2735-2736 OF 2022 CIVIL APPEAL NOS. 2742-2743 OF 2022 Docid 2022 LEJ Civil SC 87

(9) VENKATESH @ CHANDRA AND ANOTHER ETC. .....Appellants Vs. STATE OF KARNATAKA .....Respondent D.D 19/04/2022

Criminal Law – Confessional Statements – Section 27 of the Evidence Act – Supreme Court criticized the tendency of prosecuting agencies to record entire confessions instead of only the part leading to the discovery of facts – Held that such practice leads to inadmissible confessions influencing judicial minds – Court emphasized strict adherence to the admissible porti...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1476-1477 OF 2018 Docid 2022 LEJ Crim SC 40