Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

(1) BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs. THE STATE OF KARNATAKA AND OTHERS .....Respondent D.D 20/01/2022

Land Acquisition – Higher Compensation – BDA Act vs. 2013 Act – LA Act incorporated into BDA Act remains applicable – High Court erred in applying 2013 Act to BDA acquisitions – 2013 Act provisions not applicable where BDA Act governs acquisition – Repeal of LA Act does not affect ongoing BDA proceedings [Paras 1-24]. Legislation by Incorporation – Prov...

REPORTABLE # MISCELLANEOUS APPLICATION NO(S). 1614-1616 OF 2019 IN MISCELLANEOUS APPLICATION NO(S). 1346-1348 OF 2019 IN CIVIL APPEAL NO(S). 7661-7663 OF 2018 Docid 2022 LEJ Civil SC 53

(2) ARUNACHALA GOUNDER (DEAD) BY LRS .....Appellant Vs. PONNUSAMY AND OTHERS .....Respondent D.D 20/01/2022

Hindu Law – Succession – Self-acquired Property – Inheritance Rights – Property of a male Hindu dying intestate – Daughter’s right to inherit – Property to devolve by inheritance, not survivorship – Daughter entitled to inherit father’s self-acquired property in preference to collaterals – Recognized under old customary Hindu Law and judi...

REPORTABLE # CIVIL APPEAL NO. 6659 OF 2011 Docid 2022 LEJ Civil SC 27

(3) SHENBAGAM AND OTHERS .....Appellant Vs. K.K. RATHINAVEL .....Respondent D.D 20/01/2022

Specific Performance – Readiness and Willingness – Financial Capacity and Conduct – Court must assess both financial capacity and conduct of the plaintiff in determining readiness and willingness – Delay in performance, conduct inconsistent with agreement obligations, or inequitable benefit to plaintiff can bar specific performance – Contractual obligations, particula...

REPORTABLE # CIVIL APPEAL NO. 150 OF 2022 Docid 2022 LEJ Civil SC 94

(4) VILLAGE OFFICER AND OTHERS .....Appellant Vs. CHUNAYAMAKKAL JOSEPH AND ANOTHER .....Respondent D.D 19/01/2022

Land Tax – Vested Forest Lands – Validity of Ownership – Respondents' claims to ownership based on canceled jenmam rights and purchase certificates – Forest Tribunal's ruling against respondents stands unchallenged – Acceptance of basic tax from respondents would wrongly imply ownership – Appeal allowed [Paras 1-7]. Judicial Review – Role of Civ...

REPORTABLE # CIVIL APPEAL NO. 207 OF 2022 Docid 2022 LEJ Civil SC 55

(5) COMPETITION COMMISSION OF INDIA .....Appellant Vs. STATE OF MIZORAM AND OTHERS .....Respondent D.D 19/01/2022

Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...

REPORTABLE # CIVIL APPEAL NO. 10820-10822 OF 2014 With CIVIL APPEAL NO. 1797 OF 2015 Docid 2022 LEJ Civil SC 58

(6) RENAISSANCE HOTEL HOLDINGS INC. .....Appellant Vs. B. VIJAYA SAI AND OTHERS .....Respondent D.D 19/01/2022

Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...

REPORTABLE # CIVIL APPEAL NO. 404 OF 2022 [Arising Out of SLP(C) No. 21428 of 2019] Docid 2022 LEJ Civil SC 54

(7) SUSHIL KUMAR .....Appellant Vs. THE STATE OF HARYANA AND OTHERS .....Respondent D.D 19/01/2022

Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...

REPORTABLE # CIVIL APPEAL NO. 401 OF 2022 [Arising Out of SLP (Civil) No. 30370 of 2017] Docid 2022 LEJ Civil SC 40

(8) STATE OF U.P. .....Appellant Vs. JAI DUTT AND ANOTHER .....Respondent D.D 19/01/2022

Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...

REPORTABLE # CRIMINAL APPEAL NO. 37 OF 2022 Docid 2022 LEJ Crim SC 82

(9) INDIAN OVERSEAS BANK AND OTHERS .....Appellant Vs. OM PRAKASH LAL SRIVASTAVA .....Respondent D.D 19/01/2022

Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...

REPORTABLE # CIVIL APPEAL NO. 267 OF 2022 Docid 2022 LEJ Civil SC 85