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 No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

(1) LOCHAN SHRIVAS .....Appellant Vs. THE STATE OF CHHATTISGARH .....Respondent D.D 14/12/2021

Rape and Murder of Minor – Death Penalty – Appellant convicted of rape and murder of a 3-year-old girl – Trial court and High Court confirmed death penalty – Supreme Court commuted death penalty to life imprisonment – Emphasized duty to consider possibility of reformation and rehabilitation – Appellant's young age, lack of criminal antecedents, and satisfact...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 499-500 OF 2018 Docid 2021 LEJ Crim SC 43

(2) M/S. SOORAJMULL NAGARMULL .....Appellant Vs. SRI BRIJESH MEHROTRA AND OTHERS .....Respondent D.D 14/12/2021

Contempt of Court – Executable Decree – Decree obtained under Land Acquisition Act is executable – Contempt not maintainable for non-compliance of such decree – Contempt jurisdiction discretionary, aimed at maintaining court's dignity and law – No right for aggrieved party to insist on contempt action – Petitioner advised to pursue available legal remedies u...

REPORTABLE # CONTEMPT PETITION (CIVIL) NOS. 726-728 OF 2017 in CIVIL APPEAL NOS. 10394-10396 OF 2011 Docid 2021 LEJ Civil SC 89

(3) BHARAT SANCHAR NIGAM LIMITED .....Appellant Vs. SRI DEO KUMAR RAI @ DEO KUMAR RAY .....Respondent D.D 14/12/2021

Casual Labourers – Temporary Status and Regularization – Respondent failed to meet the requirement of 240 days of service in a calendar year as per the 1989 Scheme – Committee's report confirmed respondent's service was below the required threshold – High Court and Tribunal erroneously granted temporary status without recording evidence – Appeals allowed, orde...

REPORTABLE # VIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7707-7708 OF 2021 (Arising Out of SLP (C) Nos. 28616-28617 of 2019) Docid 2021 LEJ Civil SC 63

(4) CITIZENS FOR GREEN DOON AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 14/12/2021

Environmental Law – Road Widening – Char Dham Highway project involves widening of approximately 900 km of roads to ensure safer, smoother, and faster traffic movement – Court emphasizes the need for sustainable development considering the fragile Himalayan ecosystem – Differing views on road width: DL-PS standard vs. IW standard – Majority view of HPC favors 2012 MoR...

REPORTABLE # CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. 1925 OF 2020 IN CIVIL APPEAL NO. 10930 OF 2018 WITH MISCELLANEOUS APPLICATION NO. 2180 OF 2020 IN CIVIL APPEAL NO. 10930 OF 2018 Docid 2021 LEJ Civil SC 36

(5) MIRZA IQBAL @ GOLU AND ANOTHER .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 14/12/2021

Dowry Death – Quashing of Chargesheet – FIR named multiple family members without specific allegations – Appellants (brother-in-law and mother-in-law of the deceased) had alibis, with the brother-in-law at work 40 km away at the time of the incident – Postmortem revealed asphyxia as cause of death with no external injuries except ligature mark – High Court's order...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1628 OF 2021 (Arising Out of SLP (Crl.) No. 2786 of 2019) Docid 2021 LEJ Crim SC 25

(6) E S KRISHNAMURTHY AND OTHERS .....Appellant Vs. M/S BHARATH HI TECH BUILDERS PRIVATE LIMITED .....Respondent D.D 14/12/2021

Insolvency Resolution – Threshold for Admission – Adjudicating Authority's jurisdiction under Section 7 of IBC is limited to ascertaining the existence of default and admitting or rejecting the application accordingly – NCLT cannot dismiss the petition on the basis that the corporate debtor is exploring settlement possibilities without addressing the merits of the petition &n...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3325 OF 2020 Docid 2021 LEJ Civil SC 35

(7) N. RAGHAVENDER .....Appellant Vs. STATE OF ANDHRA PRADESH (CBI) .....Respondent D.D 13/12/2021

Criminal Breach of Trust by Public Servant – Proof of Entrustment – Section 409 IPC pertains to criminal breach of trust by a public servant – Prosecution must prove that the accused was entrusted with the property and dishonestly misappropriated or used it – Mere retention of property without misappropriation does not constitute criminal breach of trust – Essential i...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 5 OF 2010 Docid 2021 LEJ Crim SC 24

(8) M.R. VINODA .....Appellant Vs. M.S. SUSHEELAMMA (D) BY LRS. AND OTHERS .....Respondent D.D 13/12/2021

Hindu Law – Karta’s Power to Alienate – A Karta may alienate joint family property for value either for legal necessity or for the benefit of the estate to bind the interests of all the undivided members of the family whether they are adults, minors, or widows – No specific grounds to prove legal necessity; it depends on the facts of each case – Karta’s discreti...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2567 OF 2017 Docid 2021 LEJ Civil SC 61

(9) MOHAN @ SRINIVAS @ SEENA @ TAILOR SEENA .....Appellant Vs. THE STATE OF KARNATAKA .....Respondent D.D 13/12/2021

Appeal in Case of Acquittal – Section 378 CrPC – State’s right to appeal against acquittal – Appellate Court's duty to consider whether the trial court’s decision is plausible and possible – Double presumption of innocence for acquitted persons – Importance of the trial court's advantage of observing witnesses in person – High Court must unde...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1420 OF 2014 WITH CRIMINAL APPEAL NO. 759 OF 2018 Docid 2021 LEJ Crim SC 16