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 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) BHARAT CHAUDHARY .....Appellant Vs. UNION OF INDIA .....Respondent D.D 13/12/2021

NDPS Act – Bail – Recovery of psychotropic substances – Seizure of 137,665 tablets collectively weighing approximately 90 kg from four locations – Confessional statements recorded under Section 67 of NDPS Act held inadmissible in trial as per Tofan Singh v. State of Madras [2021] 4 SCC 1 – Absence of clarity on quantitative analysis of samples – Prosecution&rsqu...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 5703 OF 2021 AND PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 8919 OF 2021 Docid 2021 LEJ Crim SC 91

(2) A. MANJU .....Appellant Vs. PRAJWAL REVANNA @ PRAJWAL R AND OTHERS .....Respondent D.D 13/12/2021

Election Petition – Non-submission of Form 25 – Appellant contested 2019 elections from 16 Hassan (General) Parliamentary Constituency, alleging respondent no.1 filed a false affidavit and secured election by suppressing material facts – Respondent no.1 sought dismissal for non-compliance with Section 83(1) proviso of the RP Act, requiring Form 25 affidavit – High Court dis...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1774 OF 2020 Docid 2021 LEJ Civil SC 10

(3) UNION OF INDIA AND OTHERS .....Appellant Vs. AMRITA SINHA .....Respondent D.D 11/12/2021

Compassionate Appointment – Assessment of Family Pension – Appellant rejected respondent's application for compassionate appointment based on merit points, considering family pension of Rs 8265 per month – Tribunal and High Court directed reconsideration, stating pension would reduce to Rs 4959 after ten years – Supreme Court held pension on date of consideration is rel...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7640-7641 OF 2021 (Arising out of SLP(C) Nos. 1413-1414 of 2019) Docid 2021 LEJ Civil SC 37

(4) COMMISSIONER RAJASTHAN HOUSING BOARD AND OTHERS .....Appellant Vs. HIRALAL CHANDA .....Respondent D.D 11/12/2021

Consumer Law – Limitation for Filing Complaint – Respondent's registration for house allotment under General Registration Scheme, 1985, was cancelled in 2000 for non-payment of seed money – Respondent filed consumer complaint in 2011 after Housing Board's 2009 policy decision on restoration of cancelled registrations – Supreme Court held complaint time-barred under ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7651-7652 OF 2021 (Arising Out of SLP (C) Nos. 9233-9234 of 2019) Docid 2021 LEJ Civil SC 82

(5) THE SECRETARY TO GOVERNMENT DEPARTMENT .....Appellant Vs. A. KINGSTON DAVID .....Respondent D.D 11/12/2021

Compassionate Appointment – Revision of Post – Respondent appointed as Record Clerk on compassionate grounds despite qualifications for Junior Assistant – High Court directed revision to Junior Assistant retrospectively – Supreme Court held respondent’s acceptance of Record Clerk post with undertaking precluded later challenge – Appointment revision contrary to ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7655-7656 OF 2021 (Arising out of SLP (C) Nos. 15689-15690 of 2019) Docid 2021 LEJ Civil SC 84

(6) M/S SHETH M.L. VADUWALA EYE HOSPITAL .....Appellant Vs. ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS .....Respondent D.D 11/12/2021

Medical Negligence – Professional Indemnity Insurance – Hospital conducted eye camp, resulting in multiple cases of eye infections and loss of vision – Hospital claimed indemnity under insurance policies obtained by doctors – NCDRC ruled insurance policies did not cover hospital’s liability – Supreme Court upheld NCDRC’s decision – Hospital not benef...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7611-7634 OF 2021 (Arising Out of SLP (C) Nos. 16392-16415 of 2014) Docid 2021 LEJ Civil SC 56

(7) KALLU KHAN .....Appellant Vs. STATE OF RAJASTHAN .....Respondent D.D 11/12/2021

Narcotic Drugs and Psychotropic Substances Act – Recovery of Contraband – Accused found guilty of possessing 900 grams of smack – No incriminating substance recovered during personal search – Defence of false implication rejected – Appeal dismissed; conviction and sentence upheld [Paras 1-18]. Procedure under NDPS Act – Compliance with Section 50 – Argu...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1605 OF 2021 (Arising Out of Special Leave Petition (Criminal) No. 8425 of 2021) Docid 2021 LEJ Crim SC 54

(8) LAXMAN PRASAD PANDEY .....Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 11/12/2021

Criminal Law – Bail – Proper Exercise of Judicial Discretion – Appeal against bail orders granted by High Court for serious offenses including murder and use of firearms – High Court’s orders set aside due to lack of detailed reasoning and failure to record satisfaction for granting bail – Emphasizes necessity of reasoned decisions in bail matters, particularly ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1551 of 2021 (Arising out of SLP (Criminal) No. 3285/2021) With Criminal Appeal No. 1558 of 2021 @ SLP(Crl) No. 6611/2021; Criminal Appeal No. 1557 of 2021 @ SLP(Crl) No. 6569/2021; Criminal Appeal No. 1552 of 2021 @ SLP(Crl) No. 3226/2021; Criminal Appeal Nos. 1554-1555 of 2021 @ SLP(Crl) No. 5605-5606/2021; Criminal Appeal No. 1553 of 2021 @ SLP(Crl) No. 5539/2021; Criminal Appeal No. 1556 of 2021 @ SLP(Crl) No. 6061/2021 Docid 2021 LEJ Crim SC 32

(9) SHANTILATA SETHY AND ANOTHER .....Appellant Vs. M/S DIVISIONAL MANAGER, THE NEW INDIA .....Respondent D.D 11/12/2021

Workmen's Compensation – Calculation of Wages – Deceased workman was earning Rs. 2400 per month plus Rs. 25 daily for food expenses – High Court erred in reducing the compensation based on minimum wage without evidence – Supreme Court restores compensation to original amount [Paras 1-9]. Interest on Compensation – Section 4A – Compensation becomes due fro...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 7657-7658 of 2021 (Arising out of SLP (C) Nos. 16316-16317 of 2019) Docid 2021 LEJ Civil SC 66