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) 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

(2) 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

(3) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LIMITED .....Appellant Vs. M/S. JSW STEEL LIMITED AND OTHERS .....Respondent D.D 10/12/2021

Electricity Law – Captive Consumers – Additional Surcharge – Captive consumers/users are not liable to pay additional surcharge under Section 42(4) of the Electricity Act, 2003 – Section 9 permits captive generation and distribution to captive users without State Commission's permission – Appellate Tribunal's decision upheld [Paras 1-15]. Statutory Interpre...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 5074-5075 of 2019 Docid 2021 LEJ Civil SC 98

(4) PRADEEP S/O RAJKUMAR JAIN .....Appellant Vs. MANGANESE ORE (INDIA) LIMITED AND OTHERS .....Respondent D.D 10/12/2021

Employment Law – Wrongful Termination – Reinstatement without Back Wages – High Court ordered reinstatement but denied back wages – Supreme Court addresses whether denial of back wages was justified – Back wages are generally awarded in cases of wrongful termination unless specific circumstances justify otherwise [Paras 1-11]. Burden of Proof – Gainful Employ...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 7607 of 2021 (Arising Out of SLP (C) No. 21346 of 2017) Docid 2021 LEJ Civil SC 45

(5) MURTHY AND OTHERS .....Appellant Vs. C. SARADAMBAL AND OTHERS .....Respondent D.D 10/12/2021

Succession Law – Will Execution – Validity – Execution of will (Ex-P1) by testator E. Srinivasa Pillai questioned – Appellants argue will is concocted, testator was paralyzed and bedridden before death – Respondents fail to prove will to Court’s satisfaction – Division Bench reverses Trial Court judgment without detailed reasoning [Paras 1-23]. Proof of...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 4270 of 2010 Docid 2021 LEJ Civil SC 25

(6) JACOB PUNNEN AND ANOTHER .....Appellant Vs. UNITED INDIA INSURANCE CO. LIMITED .....Respondent D.D 09/12/2021

Consumer Protection – Deficiency in Service – Mediclaim policy – Insurer failed to disclose changes in policy conditions at the time of renewal – Duty to inform policyholders about limitations being imposed in the renewed policy – Failure resulted in deficiency of service – NCDRC's order set aside; District Forum's order restored [Paras 1-12, 16-17, 23-2...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No. 6778 of 2013 Docid 2021 LEJ Civil SC 89

(7) ELECTROSTEEL STEELS LIMITED .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 09/12/2021

Environmental Law – Ex Post Facto Environmental Clearance – Central Government's power to grant ex post facto EC under Section 3 of the Environment (Protection) Act, 1986 – Generally disfavored but permissible in specific circumstances with strict compliance to environmental norms – High Court's decision vacating interim orders allowing operation set aside – E...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 7576-7577 of 2021 (Arising Out of SLP (C.) Nos. 11226-11227 of 2020) Docid 2021 LEJ Civil SC 79

(8) COMMISSIONER OF GST AND CENTRAL EXCISE .....Appellant Vs. M/S CITI BANK N.A .....Respondent D.D 09/12/2021

Service Tax – Banking and Financial Services – Interchange Fee – Whether the interchange fee received by the issuing bank (Citi Bank) from the acquiring bank in credit card transactions is subject to service tax – Tribunal relied on the decision in M/s ABN Amro Bank NV v. Commissioner of Central Excise, Customs and Service Tax, Noida, holding interchange fee not liable to s...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal No(s). 8228 of 2019 with Civil Appeal No. 89 of 2021 Docid 2021 LEJ Civil SC 43

(9) M/S ACME CLEANTECH SOLUTIONS PRIVATE LIMITED .....Appellant Vs. M/S UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER .....Respondent D.D 09/12/2021

Consumer Protection – Amendment of Complaint – Insurer's repudiation of claim after complaint filed – Whether appellant can be compelled to amend complaint to challenge repudiation – Appellant contends relief sought includes payment of due amount, making amendment unnecessary – NCDRC erred in directing amendment and allowing written statement – Appellant sho...

REPORTABLE # CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 4476-4477 of 2021 Docid 2021 LEJ Civil SC 74