Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

(1) UPENDRA CHOUDHURY .....Appellant Vs. BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS .....Respondent D.D 11/02/2021

Writ Petition – Jurisdiction – Real Estate – Appellant seeks writs under Article 32 for various reliefs including cancellation of agreements, refunds, or completion of construction – Supreme Court holds it inappropriate to entertain such petitions under Article 32 due to existence of specific statutory provisions and remedies under the Consumer Protection Act, RERA, and IBC...

REPORTABLE # Writ Petition (Civil) No 150 of 2021 Docid 2021 LEJ Civil SC 44

(2) CHINTELS INDIA LIMITED .....Appellant Vs. BHAYANA BUILDERS PRIVATE LIMITED .....Respondent D.D 11/02/2021

Arbitration – Appealability of Refusal to Condon Delay – Question of law whether a single Judge's order refusing to condone delay in filing an application under Section 34 of the Arbitration Act, 1996 is appealable under Section 37(1)(c) – Supreme Court holds that an appeal under Section 37(1)(c) is maintainable against an order refusing to condone delay in filing an applicat...

REPORTABLE # Civil Appeal No. 4028 of 2020 Docid 2021 LEJ Civil SC 20

(3) PRAVAT CHANDRA MOHANTY .....Appellant Vs. THE STATE OF ODISHA AND ANOTHER .....Respondent D.D 11/02/2021

Criminal Law – Custodial Death – Appellants, police officers, convicted for beating the deceased in police custody leading to death – High Court upheld convictions under Sections 324/34 IPC and 471/34 IPC – Appeal challenges conviction and seeks compounding of offences – Supreme Court rejects compounding, emphasizing severity of custodial violence and need for stringe...

REPORTABLE # Criminal Appeal No. 125 of 2021 (arising out of SLP (Crl.) No. 6174 of 2020) with Criminal Appeal No. 126 of 2021 (arising out of SLP (Crl.) No. 6224 of 2020) Docid 2021 LEJ CRIM SC 25

(4) M/S DADDY'S BUILDERS PRIVATE LIMITED AND ANOTHER .....Appellant Vs. MANISHA BHARGAVA AND ANOTHER .....Respondent D.D 11/02/2021

Consumer Protection – Delay in Filing Written Statement – Appellants challenged the rejection of their application for condonation of delay in filing the written statement to a consumer complaint – Written statement required within 30 days, extendable by a further 15 days under Section 13 of the Act – District Forum has no power to extend beyond this period – Appeal d...

REPORTABLE # Petition for Special Leave to Appeal (Civil) No. 1240 of 2021 Docid 2021 LEJ Civil SC 58

(5) NAWAL KISHORE SHARMA .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 10/02/2021

Disability Compensation – Heart Ailment – Seaman's claim for disability compensation due to Dilated Cardiomyopathy under the National Maritime Board Agreement – Supreme Court held heart ailment not covered as "injury" under Clause 5.9.F(ii) of the Agreement – Appellant's condition does not fall within the ambit of specified disabilities under either the 19...

REPORTABLE # Civil Appeal No. 150 of 2021 Docid 2021 LEJ Civil SC 65

(6) M/S. KALAMANI TEX AND ANOTHER .....Appellant Vs. P. BALASUBRAMANIAN .....Respondent D.D 10/02/2021

Negotiable Instruments – Dishonour of Cheque – Presumption – High Court reversed acquittal by trial court – Supreme Court held once signatures on the cheque are established, statutory presumption under Sections 118 and 139 NI Act applies – Trial court erred in questioning complainant's evidence on source of funds – Presumption of debt shifts burden to accuse...

REPORTABLE # Criminal Appeal No. 123 of 2021 [Arising out of SLP (Crl.) No. 1876 of 2018] Docid 2021 LEJ CRIM SC 34

(7) THE CONSERVATOR AND CUSTODIAN OF FOREST AND OTHERS .....Appellant Vs. SOBHA JOHN KOSHY AND ANOTHER .....Respondent D.D 10/02/2021

Forest Law – Compensation for Dispossession – Appellants challenged the High Court's direction to pay compensation to respondents for land declared non-vested under the 1971 Act but later as ecologically fragile under the 2003 Act – Supreme Court held respondents entitled to compensation for loss of enjoyment and benefits of the land prior to 2003 enactment – Directed p...

REPORTABLE # Civil Appeal No. 414 of 2021 (arising out of SLP(C) Nos. 27651 of 2008) Docid 2021 LEJ Civil SC 53

(8) SWATI ULHAS KERKAR AND OTHERS .....Appellant Vs. SANJAY WALAVALKAR AND OTHERS .....Respondent D.D 10/02/2021

Societies – Membership Invalidation – Appellants' membership invalidated by the Registrar as the Managing Committee was facing a no-confidence motion – High Court upheld the Registrar's decision – Supreme Court held appellants had a right to be considered for membership – Matter remitted to newly elected Managing Committee for reconsideration of membership app...

REPORTABLE # Civil Appeal No. 412 of 2021 (Arising out of SLP (Civil) No. 8138 of 2020) Docid 2021 LEJ Civil SC 52

(9) RAMESH KYMAL .....Appellant Vs. M/S SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED .....Respondent D.D 09/02/2021

Insolvency – CIRP Suspension – Applicability of Section 10A – Appeal against NCLAT ruling that Section 10A bars applications filed for defaults occurring on or after March 25, 2020 – Supreme Court held Section 10A applies retrospectively to defaults occurring on or after March 25, 2020, regardless of when the application was filed – Purpose of Section 10A is to preven...

REPORTABLE # Civil Appeal No. 4050 of 2020 Docid 2021 LEJ Civil SC 54