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) JAYABEN .....Appellant Vs. TEJAS KANUBHAI ZALA AND ANOTHER .....Respondent D.D 10/01/2022

Criminal Law – Murder – Cancellation of Bail – High Court released the accused on bail in a case involving the brutal murder of the appellant's husband – Supreme Court found the High Court's orders unsustainable as they did not consider the gravity of the offences and the evidence against the accused – Bail orders set aside and accused directed to surrender &n...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1655 of 2021 with Criminal Appeal No. 1656 of 2021 Docid 2022 LEJ Crim SC 47

(2) UHL POWER COMPANY LIMITED .....Appellant Vs. STATE OF HIMACHAL PRADESH .....Respondent D.D 07/01/2022

Arbitration – Interference with Arbitral Award – Scope of Jurisdiction – The High Court’s interference with the arbitral award based on an alternative view was not justified – The Appellate Court correctly held that the learned Single Judge exceeded his jurisdiction by questioning the interpretation of the Implementation Agreement clauses given by the Sole Arbitrator ...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 10341 of 2011 With Civil Appeal No. 10342 of 2011 Docid 2022 LEJ Civil SC 93

(3) RAJESH PRASAD .....Appellant Vs. THE STATE OF BIHAR AND ANOTHER ETC .....Respondent D.D 07/01/2022

Criminal Law – Appeal against Acquittal – Interference by Appellate Court – High Court reversed the conviction and sentence awarded by the Fast-Track Court – Supreme Court upheld the High Court's decision, noting substantial contradictions in the prosecution's case and testimonies – Emphasis on cautious approach by appellate courts in interfering with orders o...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 111-113 of 2015 Docid 2022 LEJ Crim SC 90

(4) JASDEEP SINGH @ JASSU .....Appellant Vs. STATE OF PUNJAB .....Respondent D.D 07/01/2022

Criminal Law – Common Intention – Section 34 IPC – The Supreme Court held that mere common intention per se does not attract Section 34 IPC sans an action in furtherance of that intention – It was emphasized that a person may withdraw from a common intention – High Court and trial court judgments examined for proper application of Section 34 IPC [Paras 18-36]. &nbs...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1584 of 2021 (@ SLP (Crl.) No. 11816 of 2019) with Criminal Appeal No. 1585 of 2021 (@ SLP (Crl.) No. 11486 of 2019) and Criminal Appeal No. 1586 of 2021 (@ SLP (Crl.) No. 3301 of 2020) Docid 2022 LEJ Crim SC 90

(5) THE STATE OF MAHARASHTRA .....Appellant Vs. SHRI VILE PARLE KELVANI MANDAL AND OTHERS .....Respondent D.D 07/01/2022

Tax Law – Electricity Duty – Exemption Provisions – The Supreme Court held that charitable educational institutions are not exempt from electricity duty under the Maharashtra Electricity Duty Act, 2016 – The omission of Section 3(2)(iiia) from the 1958 Act in the 2016 Act indicates the legislative intent to exclude such exemptions – High Court's interpretation lea...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 7319 of 2021 Docid 2022 LEJ Civil SC 76

(6) NEIL AURELIO NUNES AND OTHERS .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 07/01/2022

Education – Admission – Reservation Policy – The Supreme Court addressed challenges to the reservation policy in the AIQ seats under NEET for OBC and EWS categories – Upheld the 27% reservation for OBC and 10% for EWS in AIQ seats – Directed the commencement of counseling based on the existing criteria, with future applicability subject to final adjudication [Paras 1-...

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 75

(7) UNION OF INDIA .....Appellant Vs. ALAPAN BANDYOPADHYAY .....Respondent D.D 06/01/2022

Administrative Law – Jurisdiction – Transfer of Cases – The Supreme Court held that any challenge to an order of transfer of an Original Application from one Bench of the CAT to another under Section 25 of the Administrative Tribunals Act, 1985, falls within the territorial jurisdiction of the High Court where the Tribunal passing the order is situated – High Court at Calcu...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 197 of 2022 (Arising Out of SLP (C) No. 18338 of 2021) Docid 2022 LEJ Civil SC 50

(8) SHRI KSHETRIMAYUM MAHESHKUMAR SINGH AND ANOTHER .....Appellant Vs. THE MANIPUR UNIVERSITY AND OTHERS .....Respondent D.D 05/01/2022

Reservation in Educational Institutions – Amendment to Reservation Act – The Supreme Court upheld the Manipur University’s adoption of reservation norms as 2% for SC, 31% for ST, and 17% for OBC candidates following the amendment to the Central Educational Institutions (Reservation in Admission) Act, 2006, by the Amendment Act of 2012 – The university was correct in reverti...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 163 of 2022 (Arising Out of SLP (Civil) No. 34681 of 2017) Docid 2022 LEJ Civil SC 38

(9) DEVARAJAN RAMAN .....Appellant Vs. BANK OF INDIA LIMITED .....Respondent D.D 05/01/2022

Insolvency Law – Resolution Professional Fees – Reasonableness and Basis – The Supreme Court held that both the adjudicating authority (NCLT) and the appellate authority (NCLAT) must consider the basis and reasonableness of the fees and expenses claimed by the Resolution Professional (RP) – Orders passed in an ad hoc manner without providing reasons for determining the fees...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 3160 of 2020 Docid 2022 LEJ Civil SC 52