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 Limitation For Redemption Of Usufructuary Mortgage Starts Only When Mortgage Money Is Paid Or Tendered: Allahabad High Court Exclusion Of Natural Heir From Will Not A Suspicious Circumstance If Execution Is Duly Proved: Punjab & Haryana High Court Right To Travel Abroad Is A Basic Human Right; Permission Cannot Be Denied Merely Because Visit Is For 'Social Or Celebratory' Purpose: Andhra Pradesh High Court Citizen Cannot Be Externed Merely For Raising Grievances Against Government Decisions: Bombay High Court Lack Of Opportunity To Cross-Examine Partition Commissioner Does Not Vitiate Final Decree; Report Is Part Of Record: Calcutta High Court Section 27 Evidence Act Recoveries Inadmissible If Police Had Prior Knowledge Of Location Before Recording Disclosure: Delhi High Court Foreigners Act | Burden Of Proof To Establish Citizenship Solely On Proceedee, Never Shifts; Prescription For Parkinson's No Proof Of Mental Illness To Explain Testimony Contradictions: Gauhati High Court Trial Court Erred In Abating Suit While Application To Bring Legal Heirs On Record Was Pending: Gujarat High Court Places Of Worship Act 1991 Not A Shield Against Land Acquisition By State For Public Purpose: Allahabad High Court Unregistered Partition Deed Creating New Rights In Immovable Property Inadmissible In Evidence: Himachal Pradesh High Court Illiteracy No Excuse For Filing False Income Tax Returns, Court Must Presume Culpable Mental State Under Section 278E: Jharkhand High Court Trial Court Must Consider Convenience Of Family & Accused's Right To Assist Counsel While Deciding Jail Shifting Applications: J&K High Court Investigation Substantially Complete, Offence Carries Max 7 Years Jail: Karnataka High Court Grants Bail To Police Officers In Corruption Case Buyer's Knowledge Of Title Defect Doesn't Extinguish Statutory Warranty Of Title Unless Sale Deed Specifically Excludes It: Kerala High Court Madras High Court Sets Aside Appointment Of PAs To Judges, Says Relaxation Of Qualifications Via Circular Violates Article 14 BNSS | Mere Allegation Of Calling Deceased To Spot Not Sufficient To Deny Bail To Woman If Charge Sheet Filed: Orissa High Court Amendment To Rectify Property Description In Agreement To Sell Can Be Allowed At Any Stage Of Specific Performance Suit: Delhi High Court NDPS | Confession Before Police Cannot Be Sole Basis For Prosecution: Telangana High Court Grants Bail No Judicial Sanctity For Adulterous Relationships: J&K High Court Refuses To Quash Abduction FIR Involving Married Woman Habitual Offender Accused Of Brutal Murder Of SC Community Member Denied Bail: Kerala High Court Prosecution Fails To Prove Murder Charge As Recovery Witnesses Turn Hostile: Uttarakhand High Court Acquits Man Acquittal In Criminal Case Based On Benefit Of Doubt Does Not Automatically Absolve Employee From Disciplinary Liability: Madhya Pradesh High Court Punjab & Haryana HC Quashes FIR Against Woman For Dressing Pet Dog As Lord Krishna Personal Laws Cannot Be Used As Shield To Commit Gang Rape Under Garb Of Nikah Halala: Allahabad High Court

(1) BAIJU KG AND OTHERS .....Appellant Vs. DR. V. P. JOY .....Respondent D.D 13/05/2022

Constitutional Law – Contempt of Court – Compensation for Endosulfan Victims – Petitioners affected by Endosulfan sought enforcement of the Supreme Court's order dated January 10, 2017, directing the State Government to compensate affected persons and provide medical facilities – State Government's inordinate delay in compliance exacerbates the violation of fundamen...

# CONTEMPT PETITION (CIVIL) NO. 244 OF 2021 in WRIT PETITION (CIVIL) NO. 213 OF 2011 Docid 2022 LEJ Civil SC 39

(2) MEENA DEVI .....Appellant Vs. THE STATE OF U.P. AND ANOTHER .....Respondent D.D 13/05/2022

Criminal Law – Bail – Grant of Bail – Respondent accused granted bail by the High Court – Appellant, wife of the deceased, challenged the bail order – Supreme Court held that the High Court failed to consider the gravity of the offense, the criminal antecedents of the accused, and the threat to witnesses – Order granting bail was unreasoned and showed non-applic...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 808 OF 2022 (Arising Out of Petition for Special Leave to Appeal (Criminal) No. 5102 of 2019) Docid 2022 LEJ Crim SC 88

(3) CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED .....Appellant Vs. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER .....Respondent D.D 12/05/2022

Electricity Law – Captive Generating Plants – Open Access – Appeal by power distribution company against the order of Electricity Regulatory Commission allowing captive power plant to supply electricity to its sister concern – Supreme Court held that the establishment of a captive power plant primarily for own use or for use by an association of persons (including corporate...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2578-2579 OF 2008 With CIVIL APPEAL NOS. 2941-2942 OF 2008 CIVIL APPEAL NO. 2868 OF 2008 Docid 2022 LEJ Civil SC 92

(4) STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY AND OTHERS .....Appellant Vs. SEEMA SHARMA .....Respondent D.D 12/05/2022

Service Law – Pay Scale – UGC Scale of Pay – Respondent appointed as Librarian-cum-Museum Assistant in an Ayurvedic college sought UGC pay scale as per 1990 Rules – State contended 1990 Rules not applicable as college under Ayush Department – Supreme Court held 1990 Rules applicable to institutions under Higher Education Department, not Ayush Department – Respon...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3892 OF 2022 (Arising out of SLP (Civil) No. 6546 of 2017) Docid 2022 LEJ Civil SC 97

(5) ANJANA SARAIYA .....Appellant Vs. THE STATE OF U.P. AND OTHERS .....Respondent D.D 12/05/2022

Property Law – Cancellation of Allotment – Default in Installment Payments – Appellant, a 55-year-old woman, allotted a plot under the Middle-Income Group Scheme – Made initial payments but defaulted on four installments due to husband's ill-health – Paid balance with interest before cancellation notice was served – High Court dismissed writ petition challen...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3784 OF 2022 Docid 2022 LEJ Civil SC 14

(6) URBAN INFRASTRUCTURE REAL ESTATE FUND .....Appellant Vs. DHARMESH S. JAIN AND ANOTHER .....Respondent D.D 12/05/2022

Contempt of Court – Wilful Disobedience – Respondents found guilty of contempt for not complying with Supreme Court and High Court orders – Despite multiple opportunities to settle the dispute or comply, respondents failed – Supreme Court sentenced respondent No. 1 to seven days of simple imprisonment and imposed a fine of Rs. 5 lakhs – Fine to be deposited before the...

REPORTABLE # CONTEMPT PETITION (CIVIL) NO. 940 OF 2021 in MISCELLANEOUS APPLICATION NO. 1668 OF 2021 in SLP (CIVIL) NO. 14724 OF 2021 Docid 2022 LEJ Civil SC 48

(7) M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT PACHAMA DISTRICT SEHORE AND OTHERS .....Appellant Vs. M/S. MODI TRANSPORT SERVICE .....Respondent D.D 11/05/2022

Civil Procedure – Appointment of Commissioner – Order 26 Rule 9 and Rule 11 CPC – Court has wide powers to appoint a commissioner for local investigations to elucidate any matter in dispute or to ascertain the market value of any property, mesne profits, damages, or annual net profits – Commissioners do not perform judicial acts but ministerial acts to aid the court –...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1973 OF 2022 Docid 2022 LEJ Civil SC 81

(8) INDEPENDENT SCHOOLS' ASSOCIATION CHANDIGARH (REGD.) AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 11/05/2022

Constitutional Law – Education – Regulation of Fees – Section 87 of Punjab Reorganisation Act, 1966 – Notification requiring unaided educational institutions to disclose income expenditure accounts and balance sheets on their websites and prohibiting them from charging any costs from parents – Supreme Court held clause (a) of the notification as substantive and not pe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3877 OF 2022 (Arising Out of SLP(C) No. 12955 of 2021) With CIVIL APPEAL NO. 3878 OF 2022 (Arising Out of SLP(C) No. 18283 of 2021) Docid 2022 LEJ Civil SC 45

(9) STATE OF RAJASTHAN AND OTHERS .....Appellant Vs. CHETAN JEFF .....Respondent D.D 11/05/2022

Service Law – Selection – Posts of Constable (General) – Appellant’s application found with incorrect and incomplete information regarding criminal antecedents – Application liable to be rejected at any stage of selection process – Supreme Court held suppression of material information in application form as ground for rejection of candidature [Paras 2-4]. &n...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3116 OF 2022 Docid 2022 LEJ Civil SC 88