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) REDDY VEERANA .....Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS .....Respondent D.D 05/05/2022

Land Acquisition – Compensation Determination – Applicability of Section 24 of 2013 Act – Compensation determined as per circle rate applicable to commercial properties – Award passed in violation of interim stay by Supreme Court – Additional penal interest awarded for delayed payment [Paras 1-33].   Compensation and Interest – Circle Rate for Commerc...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3636 OF 2022 [Arising Out of SLP(C) No. 19035 of 2021] With CIVIL APPEAL NO. 3637 OF 2022 [Arising Out of SLP(C) No. 5500/2022] Docid 2022 LEJ Civil SC 77

(2) THE SECRETARY TO GOVT. OF KERALA IRRIGATION DEPARTMENT AND OTHERS .....Appellant Vs. JAMES VARGHESE AND OTHERS .....Respondent D.D 04/05/2022

Constitutional Law – Legislative Competence – Concurrent List – Subject of Arbitration falls under Entry 13 of List III – State Legislature can enact law on arbitration subject to President's assent – State Act reserved for and received President's assent prevails over Central law – State Act within legislative competence of State Legislature [Paras 1-9]...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6258 OF 2014 With Civil Appeal Nos. 9236, 9241, 9226, 6268, 6264, 6265, 6266, 6260, 6262, 6259, 6267 of 2014; Civil Appeal No. 295 of 2015; Civil Appeal Nos. 6261, 8995, 9022, 9016, 9005, 8998, 9009, 8997, 9002, 8996, 8999, 9007, 9004, 9003, 9008, 9017, 9000, 9001, 9215, 9213, 9018, 9217, 9006, 9019, 9219, 9237, 9225, 9221, 9238, 9023, 9243, 9244, 9224, 9212, 9211, 9222, 9020, 9210, 9239 of 2014; Civil Appeal Nos. 3010 of 2017, 2824, 2825, 2826 of 2022 Docid 2022 LEJ Civil SC 42

(3) RAVINDER SINGH @ KAKU .....Appellant Vs. STATE OF PUNJAB .....Respondent D.D 04/05/2022

Criminal Law – Circumstantial Evidence – Conviction based solely on circumstantial evidence requires a conclusive chain of circumstances – The last seen theory, arrest of the accused, recovery of material objects, and call details do not conclusively establish guilt – Conviction based on probabilities and inferences drawn from call records inadmissible without proper certif...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1307 OF 2019 [Arising Out of SLP (Crl.) No. 9431 of 2011] With CRIMINAL APPEAL NOS. 1308-1311 OF 2019 [Arising Out of SLP (Crl.) Nos. 9631-9634 of 2012] Docid 2022 LEJ Crim SC 22

(4) ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED .....Appellant Vs. S.P. VELAYUTHAM AND OTHERS .....Respondent D.D 04/05/2022

Registration of Documents – Duties of Registering Officer – Role of Registering Officer is not merely mechanical – Required to independently verify statutory compliance – Failure to verify powers of attorney and other statutory requirements can invalidate registration [Paras 1-9, 58].   Judicial Review – High Court's Jurisdiction – Under Article 2...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2752-2753 OF 2022 [Arising Out of SLP(C) Nos. 19662-19663 of 2021] Docid 2022 LEJ Civil SC 55

(5) UNION OF INDIA AND OTHERS .....Appellant Vs. ASHISH AGARWAL .....Respondent D.D 04/05/2022

Income Tax – Reassessment Notices – Transition to New Provisions – High Courts quashed reassessment notices issued under unamended Section 148 after 01.04.2021 – Supreme Court converted such notices into those issued under Section 148A (new provisions) – Directed Revenue to comply with new procedural requirements – Notices deemed to be issued under amended Act t...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3005 OF 2022 Docid 2022 LEJ Civil SC 98

(6) THOMAS DANIEL .....Appellant Vs. STATE OF KERALA AND OTHERS .....Respondent D.D 02/05/2022

Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7115 OF 2010 Docid 2022 LEJ Civil SC 10

(7) NARSINGH ISPAT LIMITED .....Appellant Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER .....Respondent D.D 02/05/2022

Insurance Law – Terrorism Exclusion Clause – Policy Definitions Govern – Insurance claims cannot be rejected based on the definition of terrorism in penal laws – Exclusion Clause in insurance policy defines terrorism – Rights and liabilities of parties governed by terms of policy – Definitions from penal statutes irrelevant [Paras 1-14].   Consumer Pr...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10671 OF 2016 Docid 2022 LEJ Civil SC 13

(8) ARAVINTH R.A. .....Appellant Vs. THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS .....Respondent D.D 02/05/2022

Foreign Medical Graduates – Licentiate and Internship Regulations – Constitutionality – Regulations 4(a)(i), 4(a)(ii), 4(b), and 4(c) of the Licentiate Regulations and Schedule II, 2(a), and 2(c)(i) of the CRMI Regulations challenged – High Court upheld regulations ensuring minimum standards for foreign medical graduates [Paras 1-10].   Judicial Review – St...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 3585-3586 OF 2022 (Arising out of SLP(C) No(s). 5989-5990 of 2022) Docid 2022 LEJ Civil SC 96

(9) NEPPALI SAI VIKASH AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 02/05/2022

Medical Education – NEET PG Admission – Reduction in Percentile – Central Government reduced minimum marks by 15 percentile for all categories – Petitioners sought further reduction by 5 percentile to fill remaining vacancies – Government opposed additional reduction citing academic interests [Paras 2-7].   Judicial Review – Policy Decisions – C...

REPORTABLE # MISCELLANEOUS APPLICATION NO. 735 OF 2022 IN WRIT PETITION (CIVIL) NO. 124 OF 2022 Docid 2022 LEJ Civil SC 51