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) RAJHAN NARENDRA ROUT AND OTHERS …..Appellant Vs. THE STATE OF MAHARASHTRA THROUGH SECRETARY URBAN DEVELOPMENT DEPARTMENT AND OTHERS …..Respondent D.D 25/08/2022

Urban Development – Transferable Development Rights (TDR) – Calculation of FSI – Appellants contested the reduction of TDR from 100% FSI to 4% FSI by the Chief Minister of Maharashtra – The land was originally not designated under 'Hill Top/Hill Slope' zone but reserved for park purposes – Supreme Court found the cancellation of the original TDR and reduction ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4639 OF 2012 Docid 2022 LEJ Civil SC 82

(2) UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER …..Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER …..Respondent D.D 24/08/2022

Electricity Law – Power Purchase Agreements (PPA) – Change in Law – Adani Power entitled to carrying cost with compound interest – Dispute arose from a Change in Law event requiring Adani Power to install Flue Gas Desulfurization (FGD) unit – Appellants contested compound interest on carrying cost, arguing for simple interest – Supreme Court upheld compound inte...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7129 OF 2021 Docid 2022 LEJ Civil SC 91

(3) RAVINDER SINGH CHANA …..Appellant Vs. KHANNA PROPERTIES AND INFRASTRUCTURES PVT. LTD. …..Respondent D.D 24/08/2022

Consumer Law – Refund and Interest – State Consumer Dispute Redressal Commission directed refund of Rs. 21.18 lakhs with 9% simple interest per annum due to incomplete construction – National Commission reduced the refund amount to Rs. 16.18 lakhs – Supreme Court found National Commission's partial reversal erroneous – Order of State Commission restored – Re...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5793 OF 2022 (Arising out of S.L.P.(C) No(s). 8092 of 2022) Docid 2022 LEJ Civil SC 81

(4) THE STATE OF TRIPURA AND OTHERS …..Appellant Vs. SMT. ANJANA BHATTACHARJEE AND OTHERS …..Respondent D.D 24/08/2022

Pension – Financial Constraints – Revision of Pension – High Court struck down Rule 3(3) of the Tripura State Civil Services (Revised Pension) Rules, 2009 as arbitrary – Rule allowed revision of pension notionally from 01.01.2006 to 31.12.2008, with actual payment from 01.01.2009 due to financial constraints – Supreme Court found High Court erred in its decision &ndas...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5114 OF 2022 Docid 2022 LEJ Civil SC 86

(5) UNION OF INDIA AND ANOTHER …..Appellant Vs. CITI BANK N.A. …..Respondent D.D 24/08/2022

FERA – Limitation – Reasonable Period – Show cause notices issued in 2002 for transactions from 1992-1993 – Supreme Court held such delay unreasonable – Proceedings must be initiated within a reasonable period when no statutory period is prescribed – Eight-year record preservation limit under Banking Companies Rules supports unreasonableness of delayed notices &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9337 OF 2010 With CIVIL APPEAL NOS. 4228-4261 OF 2011 CRIMINAL APPEAL NOS. 169-170 OF 2012 Docid 2022 LEJ Civil SC 15

(6) ST. MARY’S EDUCATION SOCIETY AND ANOTHER …..Appellant Vs. RAJENDRA PRASAD BHARGAVA AND OTHERS …..Respondent D.D 24/08/2022

Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5789 OF 2022 (Arising Out of SLP (Civil) No. 1118 of 2022) Docid 2022 LEJ Civil SC 32

(7) COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE VADODARA – I …..Appellant Vs. M/S JYOTI LIMITED AND OTHERS …..Respondent D.D 24/08/2022

Service Tax – Consulting Engineer vs. Works Contract – Services such as erection, installation, and commissioning of goods at customer sites cannot be classified as consulting engineer services – Tribunal correctly held that such services fall under works contract and are not liable for service tax as consulting engineering – Revenue's appeal dismissed [Paras 2-4]. &...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4721 – 4723 OF 2008 Docid 2022 LEJ Civil SC 60

(8) ZAKIR ABDUL MIRAJKAR …..Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS …..Respondent D.D 24/08/2022

Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1125 OF 2022 SLP (Criminal) No. 3213 of 2020 With CRIMINAL APPEAL NO. 1127 OF 2022 SLP (Criminal) No. 3722 of 2020 With CRIMINAL APPEAL NO. 1126 OF 2022 SLP (Criminal) No. 3629 of 2020 With CRIMINAL APPEAL NO. 1129 OF 2022 SLP (Criminal) No. 3915 of 2020 With CRIMINAL APPEAL NO. 1128 OF 2022 SLP (Criminal) No. 3943 of 2020 With CRIMINAL APPEAL NO. 1130 OF 2022 SLP (Criminal) No. 4170 of 2020 Docid 2022 LEJ Crim SC 82

(9) RAJBIR SINGH …..Appellant Vs. THE STATE OF PUNJAB …..Respondent D.D 24/08/2022

Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2152 OF 2010 Docid 2022 LEJ Crim SC 21