Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

(1) NEIL AURELIO NUNES AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 20/01/2022

Constitutional Law – Reservation in Education – Constitutional validity of OBC and EWS reservation in AIQ seats – Permissibility under Article 15(5) – Reservation in postgraduate medical courses not prohibited – Reservation as a means to ensure substantive equality and address structural barriers faced by disadvantaged classes – Constitutional amendment and legi...

REPORTABLE # WRIT PETITION (CIVIL) NO. 961 OF 2021 With WRIT PETITION (CIVIL) NO. 967 OF 2021 With WRIT PETITION (CIVIL) NO. 1002 OF 2021 With WRIT PETITION (CIVIL) NO. 1021 OF 2021 With WRIT PETITION (CIVIL) NO. 1105 OF 2021 Docid 2022 LEJ Civil SC 54

(2) THE EMPLOYEES' STATE INSURANCE CORPORATION .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 20/01/2022

Service Law – Promotion Regulations – ESIC Recruitment Regulations 2015 vs. DACP Scheme – High Court erred in applying DACP Scheme over ESIC Recruitment Regulations 2015 for teaching cadre promotions – ESIC Recruitment Regulations 2015, being statutory, have precedence over DACP Scheme – Concession by appellant’s counsel before CAT irrelevant as legal position i...

REPORTABLE # CIVIL APPEAL NO. 152 OF 2022 Docid 2022 LEJ Civil SC 80

(3) 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

(4) 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

(5) 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

(6) 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

(7) 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

(8) 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

(9) 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