Section 9 A&C Act Relief Available Until Award Is Actually Enforced, Even After It Becomes Enforceable: Telangana High Court Matrimonial Litigations Must Not Degenerate Into Contests Of Mutual Humiliation By Weaponising Private Images: Delhi High Court Unarmed Witnesses’ Inaction Against Armed Assailants Justified By Instinct Of Self-Preservation; Testimony Cannot Be Discarded: Allahabad High Court Ocular Evidence Outweighs Motive: Andhra Pradesh High Court Upholds Murder Conviction Based On Reliable Eyewitness Testimony Arrest Illegal If Written 'Grounds Of Arrest' Not Furnished To Accused; Communication Of Mere 'Reasons' Insufficient: Bombay High Court Absence Of Territorial Jurisdiction No Ground To Quash FIR At Threshold If Allegations Disclose Cognizable Offence: Calcutta High Court Proof Of Demand Is Sine Qua Non For PC Act Conviction; Voice Recordings Inadmissible Without Sec 65-B Certificate: Chhattisgarh HC Section 91 IEA | Disposition Of Immovable Property Cannot Be Proved By Oral Evidence If Written Document Not Produced: Delhi High Court NRC Legacy Data Extracts Inadmissible Without Section 65B Certificate; PAN Card & EPIC Not Proof Of Citizenship: Gauhati High Court Testimony Of Injured Witness Entitled To Great Weight; Minor Contradictions Due To Lapse Of Memory Cannot Discard Prosecution Case: Himachal Pradesh High Court Section 164 CrPC Statement Recorded Without Procedural Safeguards Or 'Cooling-Off' Period Not A Valid Confession: Jharkhand High Court Anticipatory Bail Cannot Be Denied Merely Because Investigation Is At A Nascent Stage If Custodial Interrogation Is Not Indispensable: Telangana High Court Actual Pay Drawn During Last 10 Months Must Be Basis For Pension Calculation, Regardless Of Notional Pay In Parent Bank: Punjab & Haryana High Court Kerala High Court Remands Teacher Seniority Dispute For Fresh Consideration To Verify If Senior Teacher Relinquished Promotion Claim Receipt Of DNA Report After Testimony Doesn't Automatically Confer Right To Recall Witness For Further Cross-Examination: Madhya Pradesh High Court Possession Of 'Bhang' Not An Offence Under NDPS Act, Specific Definition Excludes It: Jharkhand High Court Acquits Man Trial Court Cannot Reject Request For Handwriting Expert Merely Because Signatures Are On Photocopies: Punjab & Haryana High Court

(1) MAHARISHI MARKANDESHWAR UNIVERSITY AND ANOTHER .....Appellant Vs. AKRITI SHARMA AND OTHERS .....Respondent D.D 19/09/2022

Admissions – Merit-Based Allocation – The Supreme Court reiterated the principle that merit must be the primary consideration for admissions to medical colleges. It underscored the importance of following a fair procedure and adhering to the prospectus for counseling to ensure no meritorious student is denied admission due to administrative errors or misinterpretations [Paras 15-16, 18...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6809 OF 2022 (Arising Out of SLP (C) No 15036 of 2022) Docid 2022 LEJ Civil SC 76

(2) M/S TRIMURTHI FRAGRANCES (P) LTD. THROUGH ITS DIRECTOR SHRI PRADEEP KUMAR AGRAWAL .....Appellant Vs. GOVERNMENT OF N.C.T. OF DELHI THROUGH ITS PRINCIPAL SECRETARY (FINANCE) AND OTHERS .....Respondent D.D 19/09/2022

Taxation – Additional Duties of Excise – The Supreme Court examined whether 'Pan Masala' containing tobacco and gutka, which are covered by an entry in the First Schedule to the ADE Act, can be subjected to sales tax by the States under their respective sales tax laws. The court observed that once goods are chargeable under the ADE Act, they are exempt from State sales tax unde...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8486 OF 2011; CIVIL APPEAL NO. 8485 OF 2011; CIVIL APPEAL NO. 8487 OF 2011; CIVIL APPEAL NO. 8496-8501 OF 2011; CIVIL APPEAL NO. 8502 OF 2011; CIVIL APPEAL NO. 8617 OF 2014; CIVIL APPEAL NO. 10374-10379 OF 2014; CIVIL APPEAL NO. 8488 OF 2011; CIVIL APPEAL NO. 8491-8494 OF 2011; CIVIL APPEAL NO. 8495 OF 2011 AND SLP (C) NO. 33322 OF 2017 Docid 2022 LEJ Civil SC 63

(3) STATE OF RAJASTHAN AND OTHERS .....Appellant Vs. O.P. GUPTA .....Respondent D.D 19/09/2022

Service Law – Pension – The Supreme Court upheld the High Court’s decision that the respondent’s past service with the Rajasthan Agriculture Engineering Board and the Rajasthan State Agro Industry Corporation should be counted for pension calculation. The Court emphasized that denial of pension is a continuing wrong, and financial rules capable of multiple interpretations s...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NO. OF 2022 [Diary No. 27824 of 2020] Docid 2022 LEJ Civil SC 92

(4) SECURITIES AND EXCHANGE BOARD OF INDIA .....Appellant Vs. ABHIJIT RAJAN .....Respondent D.D 19/09/2022

Insider Trading – Price Sensitive Information – The decision by the Board of Directors of GIPL to terminate contracts was held to be price sensitive information under Section 2(ha) of the SEBI Regulations – The termination had the potential to place existing shareholders in an advantageous position – The sale of shares by the respondent before the information was made publi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 563 OF 2020 Docid 2022 LEJ Civil SC 38

(5) MRS. ETHEL LOURDES D'SOUZA LOBO .....Appellant Vs. LUCIO NEVILLE JUDE DE SOUZA AND OTHERS .....Respondents D.D 19/09/2022

Arbitration – Interim Measures – Section 9 confers wide powers on courts to secure the disputed amount before, during, or after arbitration but before enforcement under Section 36 – Court must assess if the applicant has a prima facie case, balance of convenience, and promptness in seeking relief [Paras 1-2].   Stay of Arbitral Award – Section 36(2) allows for st...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9202 OF 2019 With CIVIL APPEAL NO. 9203 OF 2019 Docid 2022 LEJ Civil SC 40

(6) RAJU @ RAJENDRA PRASAD .....Appellant Vs. STATE OF RAJASTHAN .....Respondent D.D 19/09/2022

Criminal Law – Circumstantial Evidence – Murder – The conviction under Section 302 read with Section 34 IPC requires the circumstantial evidence to form a chain so complete that it conclusively points to the guilt of the accused, excluding any other hypothesis – There was no direct evidence or last seen evidence linking the appellants to the crime – Prosecution failed...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1559 OF 2022 With CRIMINAL APPEAL NO. 1560 OF 2022 Docid 2022 LEJ Crim SC 24

(7) THE COMMISSIONER TRADE TAX U.P. .....Appellant Vs. M/S RADICO KHETAN LTD. .....Respondent D.D 19/09/2022

Tax Law – Transfer to Defraud Revenue – Section 34 of the U.P. Trade Tax Act applies only if the transfer of immovable property occurs during the pendency of proceedings under the Act with the intent to defraud tax dues – The transfer in this case was made before the reassessment proceedings began – Consequently, Section 34 does not apply, and the transfer is valid – ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6396-6397 OF 2009 Docid 2022 LEJ Civil SC 34

(8) SURESH PASWAN .....Appellant Vs. M/S. KLA CONSTRUCTION TECHNOLOGIES PVT. LTD. AND OTHERS .....Respondent D.D 16/09/2022

Employees' Compensation – Permanent Disability – Compensation – The appellant, who suffered a 60% permanent disability due to a fall while working, was initially awarded compensation by the Commissioner based on a medical certificate – The High Court set aside this award based on a subsequent medical examination conducted after nine years, which found no permanent disab...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6523 OF 2022 Docid 2022 LEJ Civil SC 50

(9) M/S STEEL AUTHORITY OF INDIA LIMITED .....Appellant Vs. COMMISSIONER CENTRAL EXCISE AND CUSTOMS BHUBANESWAR .....Respondent D.D 16/09/2022

Excise Duty – Modvat Credit – The appellant claimed Modvat credit on 'Guide Cars' under Rule 57Q, asserting they were 'components' of Coke Oven Battery – The classification of 'Guide Car' by the supplier under Chapter sub-heading 8603.00 was upheld – 'Guide Car' found not to be an integral part of Coke Oven Battery but distinct equipment used...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7269 OF 2009 Docid 2022 LEJ Civil SC 24