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) BOARD OF CONTROL FOR CRICKET IN INDIA .....Appellant Vs. REGIONAL DIRECTOR EMPLOYEES’ STATE INSURANCE CORPORATION AND ANOTHER .....Respondents D.D 18/08/2022

Social Welfare Legislation – ESI Act – Applicability to BCCI – Whether BCCI qualifies as "shop" under the ESI Act – High Court and ESI Court held BCCI's activities to be systematic commercial activities – BCCI's primary objective to promote cricket does not exempt it from ESI Act – Liberal interpretation of "shop" under social welfare...

REPORTABLE # SPECIAL LEAVE PETITION (C) NOS. 13554-13555 OF 2022 Docid 2022 LEJ Civil SC 39

(2) NAGAR PANCHAYAT MOONAK AND OTHERS .....Appellants Vs. STATE OF PUNJAB AND OTHERS .....Respondents D.D 17/08/2022

Environmental Law – Flood Management – Overflooding of Ghaggar Basin – Final Model Study Report by CWPRS, Pune – State Governments of Punjab and Haryana directed to implement recommendations – Periodical stakeholder meetings every four weeks to monitor progress – Ghaggar Standing Committee to report every three months to CWC – CWC to submit report to Supre...

REPORTABLE # SPECIAL LEAVE PETITION (C) No. 39422 of 2013 Docid 2022 LEJ Civil SC 51

(3) B.L.A. INDUSTRIES PRIVATE LIMITED .....Appellant Vs. UNION OF INDIA AND ANOTHER .....Respondents D.D 17/08/2022

Mining Law – Coal Block Allocation – Wrongful Inclusion – Respondent No.1 (UOI) failed to follow due process, leading to wrongful inclusion of appellant in list of illegal coal block allotments – Appellant followed proper procedure under MMDR Act and MC Rules – UOI's callous approach caused appellant loss and ignominy – Allocation to appellant not through Sc...

REPORTABLE # Writ Petition (Civil) No. 63 of 2015 Contempt Petition (Criminal) No. 7 of 2016 in Writ Petition (Criminal) No. 120 of 2012 Docid 2022 LEJ Civil SC 21

(4) SATYENDER AND OTHERS .....Appellants Vs. SAROJ AND OTHERS .....Respondents D.D 17/08/2022

Civil Procedure Code – Counter Claim – Order 8 Rule 6A – Counter claim must be against the plaintiff and must be instituted before the defendant has delivered his defense or before the time limit for delivering his defense has expired – Counter claim can be made on a separate or independent cause of action, but it has limitations such as pecuniary limits of the court's ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4833 OF 2022 (Arising Out of SLP (C) No. 948 of 2018) Docid 2022 LEJ Civil SC 15

(5) UNIVERSITY OF KERALA AND OTHERS ETC. .....Appellants Vs. MERLIN J.N. AND ANOTHER ETC. ETC. .....Respondents D.D 17/08/2022

Educational Law – UGC Regulations – Exemption from NET – 2016 UGC Regulations exempting Ph.D. holders from NET applied retrospectively – Dr. Jayakumar's appointment in compliance with earlier regulations – Appointment upheld – Appeals allowed – High Court judgment set aside [Paras 1-27].   Declaratory and Clarificatory Amendments – Int...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). OF 2022 (Arising out of SLP (Civil) No(s). 12591-12596 of 2020) With CIVIL APPEAL NO(s). OF 2022 (Arising out of SLP (Civil) No(s). 13841-13858 of 2020) Docid 2022 LEJ Civil SC 33

(6) DEEPIKA SINGH .....Appellant Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND OTHERS .....Respondent D.D 16/08/2022

Maternity Leave – Central Civil Services (Leave) Rules, 1972 – Rule 43 – The appellant, a government employee, applied for maternity leave for her first biological child – Leave was denied on the ground that she had two stepchildren from her husband's previous marriage, thereby exceeding the limit of two surviving children stipulated under Rule 43 – Tribunal and H...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5308 OF 2022 (Arising out of SLP (C) No. 7772 of 2021) Docid 2022 LEJ Civil SC 39

(7) UNION OF INDIA AND OTHERS .....Appellant Vs. BHARAT FORGE LTD. AND ANOTHER .....Respondent D.D 16/08/2022

Contract Law – Tender Process – Uniform Bidding – GST Rates – High Court directed the appellant to clarify GST rates and HSN codes in the tender document to ensure fair competition – Supreme Court held that no statutory or public duty exists requiring the appellants to indicate the HSN code – Bidder's responsibility to quote correct GST rate [Paras 1-48]. ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising out of SLP(C) No. 4960 of 2021) Docid 2022 LEJ Civil SC 92

(8) STATE BANK OF INDIA AND ANOTHER .....Appellant Vs. AJAY KUMAR SOOD .....Respondent D.D 16/08/2022

Judgment Writing – Incomprehensible Language – The High Court's judgment affirming the CGIT's order was found to be incomprehensible – Supreme Court emphasized the importance of clarity and accessibility in judgment writing – Highlighted the need for judgments to be written in a manner that is understandable to all stakeholders, including the parties involved and th...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5305 OF 2022 (Arising out of SLP (C) No. 4038 of 2021) Docid 2022 LEJ Civil SC 32

(9) ORIENTAL BANK OF COMMERCE .....Appellant Vs. PRABODH KUMAR TEWARI .....Respondent D.D 16/08/2022

Negotiable Instruments Act – Sections 138 and 139 – Dishonour of Cheque – The drawer's admission of signing a cheque raises a presumption of liability – This presumption cannot be rebutted merely by proving that the cheque details were filled in by someone other than the drawer – Handwriting expert's report on whether the drawer filled in the cheque details is...

# CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1260 OF 2022 (Arising out of SLP (Crl) No. 9836 of 2019) Docid 2022 LEJ Crim SC 83