Section 376 IPC | Absence Of Injuries On Prosecutrix And Material Inconsistencies In Testimony Vitiate Conviction: Allahabad High Court Grandson Has No Birthright In Grandparent’s Self-Acquired Property: Andhra Pradesh High Court Rejects 'Illusory' Partition Suit Land Acquisition Act | Award Passed In Favour Of Sole Claimant Who Died Before Hearing Without Substitution Is A Nullity: Bombay High Court 'Granting FIR Direction In Civil Disputes Would Be Gross Injustice': Delhi High Court Dismisses Plea Against Refusal Of Section 175(3) BNSS Order Revisional Court Cannot Reappreciate Evidence To Upset Concurrent Findings Of Conviction Absent Perversity: Himachal Pradesh High Court Death Occurring After Interval Due To Septicemia Does Not Vitiate Homicidal Nature Of Offence Under Section 302 IPC: Bombay High Court Matrimonial Transfer Petitions | Convenience Of The Wife Is The Prime Consideration Under Section 24 CPC: Himachal Pradesh High Court Unexplained Delay In Passing Preventive Detention Order Snaps 'Live And Proximate Link' With Prejudicial Activity: Kerala High Court Family Arrangement Unregistered Or Unstamped Does Not Render It Inadmissible If It Merely Records Past Partition: Madras High Court M.P. Accommodation Control Act | Eviction Orders Passed Without Jurisdiction Under Chapter III-A Are Appealable Under Section 31: High Court Transferee Pendente Lite Cannot Resist Execution Of Specific Performance Decree Under Order XXI Rule 102 CPC: Madras High Court High Court Under Art. 226/227 Can Entertain Challenges To Orders Passed Under Section 37 Of Arbitration Act: Orissa High Court Recruitment Advertisement Terms Are Sacrosanct; Failure To Provide Mandated Salary Proof Valid Grounds For Rejecting Candidature: Punjab & Haryana High Court Resignation Of Judicial Officer Cannot Be Accepted If Withdrawn Before Formal Approval By Appointing Authority: Orissa High Court Section 12 JJ Act 2015 | Mandatory Statutory Protection For Juveniles Applies Even When Tried As An Adult: Punjab & Haryana High Court Mandatory Written Grounds Of Arrest Apply Prospectively From Supreme Court's Verdict In Mihir Rajesh Shah Case: Orissa High Court

(1) BARKU BHAVRAO BHASKAR …APPELLANT Vs. STATE OF MAHARASHTRA …RESPONDENT D.D 25/07/2013 SUPREME COURT OF INDIA

Criminal Law – Circumstantial Evidence – Appellant convicted for kidnapping, murder, and concealment of a child’s body based on circumstantial evidence – Supreme Court upheld conviction finding chain of circumstances complete and consistent with guilt – No reasonable hypothesis of innocence [Paras 6-18].Homicidal Death – Medical Evidence – Postmortem report confirmed death due to hea...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 910 OF 2010 Docid 2013 LEJ Crim SC 929061

(2) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. PANKAJ KUMAR VISHNOI …RESPONDENT D.D 25/07/2013 SUPREME COURT OF INDIA

Compassionate Appointment – Eligibility Criteria – Respondent failed physical test for compassionate appointment as Sub-Inspector – High Court ordered fresh test – Supreme Court ruled second test not justified as compassionate appointments are to mitigate immediate hardship, not for securing specific posts – First physical test aligned with rules ensuring minimum standards of efficiency ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 2366-2367 OF 2011 Docid 2013 LEJ Civil SC 674894

(3) UNION OF INDIA (UOI) AND OTHERS …APPELLANT(S) Vs. RAJESH KUMAR GOND …RESPONDENT D.D 25/07/2013 SUPREME COURT OF INDIA

Equal Pay for Equal Work – Junior Hindi Translators – Respondent sought parity with translators in the Central Secretariat Official Language Service (CSOLS) – Tribunal and High Court found no functional difference – Supreme Court upheld decision based on lack of evidence showing distinction in job functions – Cited principles from Randhir Singh case affirming equal pay for equal work as ...

SUPREME COURT OF INDIA REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) No. 17419 OF 2009 Docid 2013 LEJ Civil SC 152365

(4) KANTILAL MARTAJI PANDOR … Vs. STATE OF GUJARAT AND ANOTHER …RESPONDENT(S) D.D 25/07/2013 SUPREME COURT OF INDIA

Criminal Law – Conviction under Section 498A IPC – Appellant convicted based on the deceased's letter alleging harassment – High Court acquitted the appellant of abetment of suicide but maintained conviction under Section 498A IPC – Supreme Court found no independent evidence supporting the allegations of cruelty – Deceased’s letter not sufficient proof under Section 32(1) of the ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1567 OF 2007 Docid 2013 LEJ Crim SC 895901

(5) ANUJ KUMAR GUPTA @ SETHI GUPTA …APPELLANT Vs. STATE OF BIHAR …RESPONDENT D.D 24/07/2013 SUPREME COURT OF INDIA

Confessional Statement – Admissibility – Appellant challenged conviction based on confessional statement to police – Supreme Court reiterated that only admissible portion relating to recovery of deceased’s body is valid – Confession leading to discovery of fact within special knowledge of accused is admissible under Section 8 and 27 of the Evidence Act [Paras 10-15].Circumstantial Eviden...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1575 OF 2009 Docid 2013 LEJ Crim SC 269192

(6) KAILASH … Vs. STATE OF M.P. …RESPONDENT D.D 24/07/2013 SUPREME COURT OF INDIA

Rape – Conviction – Appellant convicted under Section 376(1) IPC – Based on eyewitness testimony and medical evidence confirming sexual assault – Supreme Court upheld conviction finding no merit in the appeal – Delay in recording the witness statement justified due to rural and illiterate background of witnesses [Paras 8-9].Eyewitness Testimony – Credibility – PW-5, a cousin of the d...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2260 OF 2009 Docid 2013 LEJ Crim SC 779100

(7) COMMISSIONER OF CENTRAL EXCISE, MADURAI …APPELLANT Vs. D.D 23/07/2013 SUPREME COURT OF INDIA

Excise Duty – Assessment – Dispute on whether higher duty applies based on higher count of yarn produced – Tribunal dismissed appeal relying on earlier judgments – Supreme Court analyzed legal principles and factual findings, emphasizing the need for representative sampling to establish excise duty [Paras 3-15].Sampling and Evidence – Relevance of Test Reports – Department’s reliance...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6766 OF 2003 Docid 2013 LEJ Civil SC 289463

(8) C. KESHAVAMURTHY … Vs. H.K. ABDUL ZABBAR …RESPONDENT D.D 23/07/2013 SUPREME COURT OF INDIA

Negotiable Instruments – Cheque Bounce – Respondent issued four cheques to the appellant which were dishonored – Appellant filed a complaint under Section 138 of the NI Act – Magistrate convicted respondent, finding no merit in defense of prior stop-payment notice as cheques were issued after the notice [Paras 4-5].Presumption of Debt – Section 139 NI Act – High Court reversed lower co...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1026 OF 2013 (ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO. 4628 OF 2009) Docid 2013 LEJ Crim SC 390967

(9) AKKODE JUMAYATH PALLI PARIPALANA COMMITTEE … Vs. P.V. IBRAHIM HAJI AND OTHERS …RESPONDENT(S) D.D 23/07/2013 SUPREME COURT OF INDIA

Civil Procedure – Jurisdiction of Wakf Tribunal – Suit filed by appellant society for an injunction against interference in the administration and enjoyment of a Mosque and madrassa – Initially decreed by the Wakf Tribunal – High Court reversed the decision, citing jurisdictional limitations as per the Supreme Court's ruling in Ramesh Gobindram case – Supreme Court held High Court&#...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6124-6125 OF 2013 (ARISING OUT OF SLP (CIVIL) NOS. 9787-9788 OF 2011) Docid 2013 LEJ Civil SC 212434