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) STATE OF WEST BENGAL .....Appellant Vs. RAKESH SINGH @ RAKESH KUMAR SINGH .....Respondent D.D 11/07/2022

Criminal Law – Bail – Rigours of Section 37 NDPS Act – Prima facie evaluation of the evidence suggests doubt about the prosecution's case – High Court’s view that rigours of Section 37 are not applicable upheld [Paras 13-16].   Evidence – Contradictory Statements – Statements of motorcar occupants versus initial complaint by SI create seriou...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 923 OF 2022 (Arising out of SLP (Crl.) No. 9470 of 2021) Docid 2022 LEJ Crim SC 29

(2) DELHI DEVELOPMENT AUTHORITY .....Appellant Vs. DIWAN CHAND ANAND AND OTHERS .....Respondent D.D 11/07/2022

Civil Procedure – Abatement of Suit – Right to Sue – No abatement by party's death if right to sue survives – Procedures in case of death of one of several defendants or sole defendant – Appellate Court must examine if the right to sue survives against surviving respondents – Appeal dismissed due to non-bringing legal representatives on record without proper...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2397 OF 2022 With CIVIL APPEAL NO. 2398 OF 2022 Docid 2022 LEJ Civil SC 79

(3) HEMANTHA KUMAR .....Appellant Vs. R. MAHADEVAIAH AND OTHERS .....Respondent D.D 11/07/2022

Civil Procedure – Compromise of Suit – Application under Order 23 Rule 3 CPC filed jointly by parties requesting a consent decree – Trial Court referred the matter to Lok Adalat where consent decree was passed – High Court erred in setting aside the consent decree on grounds of alleged fraud without substantial evidence [Paras 6-10].   Genuineness of Consent Decr...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4108 OF 2022 Docid 2022 LEJ Civil SC 69

(4) STATE OF UTTAR PRADESH AND ANOTHER .....Appellant Vs. AKHIL SHARDA AND OTHERS .....Respondent D.D 11/07/2022

Criminal Law – Delay in Delivery of Judgment – Long delay in delivering judgment causes unnecessary speculation among parties – Emphasized need for timely pronouncement to uphold confidence in the judicial system [Paras 6.1, 6.2].   Criminal Procedure – Section 482 CrPC – Mini Trial – High Court exceeded jurisdiction by virtually conducting a mini tri...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 840 OF 2022 With CRIMINAL APPEAL NO. 841 OF 2022 Docid 2022 LEJ Crim SC 23

(5) PRINCIPAL COMMISSIONER OF INCOME TAX-III, BANGALORE AND ANOTHER .....Appellant Vs. M/S WIPRO LIMITED .....Respondent D.D 11/07/2022

Income Tax – Exemption under Section 10B(8) – Assessee failed to furnish declaration before the due date of filing original return of income under Section 139(1) – Supreme Court held both conditions of furnishing declaration and doing so before due date are mandatory – Non-compliance bars exemption claim [Paras 1-14].   Filing of Declaration – Time Limit Ma...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1449 OF 2022 (Arising out of SLP(Civil) No. 7620 of 2021) Docid 2022 LEJ Civil SC 14

(6) GREGORY PATRAO AND OTHERS .....Appellant Vs. RESPONDENT(S): MANGALORE REFINERY AND PETROCHEMICALS LIMITED AND OTHERS .....Respondent D.D 11/07/2022

Land Acquisition – "Person Interested" – MRPL as Allottee – Acquired land allotted to MRPL by KIADB – High Court erred in treating MRPL as a "person interested" entitled to participate in compensation determination – Proper party in reference proceedings only if acquisition is under Land Acquisition Act, not KIAD Act [Paras 6-7.1, 7.5-7.6]. &nbs...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4105-4107 OF 2022 Docid 2022 LEJ Civil SC 98

(7) STATE BANK OF INDIA AND OTHERS .....Appellants Vs. DR. VIJAY MALLYA .....Respondent D.D 11/07/2022

Contempt of Court – Non-disclosure of Assets – Respondent guilty of contempt for failing to disclose assets and violating court orders restraining transfer of funds – Supreme Court holds actions contumacious and orders adequate punishment – Emphasizes need for compliance with court orders to maintain majesty of law [Paras 1-30].   Reversal of Transactions –...

REPORTABLE # Contempt Petition (C) Nos. 421-424 of 2016 in Special Leave Petition (C) Nos. 6828-6831 of 2016 Docid 2022 LEJ Civil SC 15

(8) ABU SALEM ABDUL KAYYUM ANSARI .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent D.D 11/07/2022

Constitutional Law – Article 72 – Extradition and Sovereign Assurance – Appellant convicted in the 1993 Bombay Blasts Case – Completing 25 years of sentence – Central Government bound to advise the President of India for release under Article 72 in accordance with international commitment and principles of comity of courts – Courts in India must impose sentence ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 679 OF 2015 With CRIMINAL APPEAL NO. 180 OF 2018 Docid 2022 LEJ Crim SC 12

(9) MOHAMMAD IRFAN .....Appellant Vs. STATE OF KARNATAKA .....Respondent D.D 11/07/2022

Criminal Law – Conspiracy and Terrorist Activities – Appellants convicted for conspiracy to commit terrorist acts, possession of arms and explosives, and association with banned organization Lasker-e-Toiba – Convictions upheld under Sections 120B, 121, 121A, 122, 124A, 153A, and 153B of IPC; Sections 5 and 6 of the Explosive Substances Act; and Sections 25 and 26 of the Arms Act ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 201-202 OF 2018 With CRIMINAL APPEAL NOS. 203-204 OF 2018 And CRIMINAL APPEAL NOS. 205-207 OF 2018 And CRIMINAL APPEAL NOS. 208-209 OF 2018 Docid 2022 LEJ Crim SC 95