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Grounds For Rejecting Candidature: Punjab & Haryana High Court Resignation Of Judicial Officer Cannot Be Accepted If Withdrawn Before Formal Approval By Appointing Authority: Orissa High Court Section 12 JJ Act 2015 | Mandatory Statutory Protection For Juveniles Applies Even When Tried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) INTEGRATED FINANCE COMPANY LTD. … Vs. RESERVE BANK OF INDIA ETC. ETC. …RESPONDENT D.D 16/07/2013 SUPREME COURT OF INDIA

Banking Regulation – Compliance with RBI Act – Appellant challenged the rejection of its scheme of arrangement by the High Court – High Court held that the scheme did not comply with Section 45QA of the RBI Act – Appellant’s non-disclosure of RBI’s actions and violations deemed material – Appeals dismissed [Paras 1-59].Scheme of Arrangement under Companies Act – Role of Company Cou...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5505-5508 OF 2013 (ARISING OUT OF SLP (C) NOS. 12737-12740 OF 2008) Docid 2013 LEJ Civil SC 188570

(2) BHAVNAGAR MUNICIPAL CORPORATION …APPELLANT Vs. SALIMBHAI UMARBHAI MANSURI …RESPONDENT(S) D.D 16/07/2013 SUPREME COURT OF INDIA

Industrial Law – Termination of Employment – Respondent's employment on a daily wage basis terminated after 54 days under fixed-term contracts – Industrial dispute raised and referred to Labour Court – Labour Court ordered reinstatement, citing violations of Sections 25G and 25H of the Industrial Disputes Act – High Court upheld Labour Court's decision – Supreme Court examine...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5498 OF 2013 (ARISING OUT OF SLP (C) NO. 5387 OF 2012) WITH CIVIL APPEAL NO. 5510 OF 2013 (ARISING OUT OF SLP (C) NO. 5390 OF 2012) Docid 2013 LEJ Civil SC 737280

(3) KACHCHH JAL SANKAT NIVARAN SAMITI AND OTHERS … Vs. STATE OF GUJARAT AND ANOTHER …RESPONDENT(S) D.D 15/07/2013 SUPREME COURT OF INDIA

Water Distribution Policy – Judicial Review – Appellants challenged the meager water allocation to the Kutch district from the Sardar Sarovar Project – High Court dismissed the plea, stating policy decisions on resource allocation lack judicially manageable standards – Supreme Court affirmed, emphasizing the expertise required for such policy decisions, and upheld the High Court's vie...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2957 OF 2013 Docid 2013 LEJ Civil SC 964887

(4) SONDUR GOPAL … Vs. SONDUR RAJINI …RESPONDENT D.D 15/07/2013 SUPREME COURT OF INDIA

Family Law – Domicile and Jurisdiction – Appellant-husband contested the jurisdiction of the Family Court in Mumbai to entertain a petition for judicial separation filed by the Respondent-wife, arguing that both parties had acquired Swedish citizenship and domicile – High Court held the petition maintainable, stating the husband failed to prove abandonment of Indian domicile and acquiring Au...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4629 OF 2005 AND 487 OF 2007 Docid 2013 LEJ Civil SC 212822

(5) BHAGWATI DEVELOPERS PVT. LTD. … Vs. PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. AND ANOTHER …RESPONDENT D.D 15/07/2013 SUPREME COURT OF INDIA

Company Law – Transfer of Shares – Appellant sought to register the transfer of shares acquired through loan repayment – Respondent refused, citing non-compliance with Securities Contracts (Regulation) Act – Company Law Board and High Court upheld refusal – Supreme Court examined the applicability of Sections 13 and 16 of the Act to unlisted public company shares – Affirmed that the pr...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7445 OF 2004 Docid 2013 LEJ Civil SC 800628

(6) ROHIT CHAUHAN … Vs. SURINDER SINGH AND OTHERS …RESPONDENT D.D 15/07/2013 SUPREME COURT OF INDIA

Property Law – Coparcenary Property – Appellant claimed that property acquired by his father on partition retained its coparcenary character after his birth – Trial court ruled in appellant’s favor, finding property became coparcenary property on his birth – Lower appellate court reversed, treating property as self-acquired – High Court affirmed lower appellate court’s view – Supre...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5475 OF 2013 (ARISING OUT OF SLP (C) NO. 22388 OF 2011) Docid 2013 LEJ Civil SC 202049

(7) MAHINDER KUMAR AND OTHERS …APPELLANT Vs. HIGH COURT OF MADHYA PRADESH THROUGH REGISTRAR GENERAL AND OTHERS …RESPONDENT(S) D.D 12/07/2013 SUPREME COURT OF INDIA

Recruitment Process – Challenge to Selection Procedure – Petitioners challenged the selection process for the Madhya Pradesh Higher Judicial Service, alleging midway changes in the criteria and lack of transparency in normalization of marks – High Court was empowered under Rule 7 and Rule 9(iv) to formulate its own procedure – Selection procedure upheld by Supreme Court [Paras 5-24, 45-48]...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO. 289 OF 2007 WITH CIVIL APPEAL NOS. 7790 AND 7791 OF 2011 Docid 2013 LEJ Civil SC 943735

(8) UNION OF INDIA (UOI) … Vs. ABN AMRO BANK AND OTHERS …RESPONDENT D.D 12/07/2013 SUPREME COURT OF INDIA

Foreign Exchange Regulation – Contravention of FERA Provisions – Appellant challenged the order of the High Court dismissing the appeal against the Tribunal's decision setting aside penalties and confiscation under FERA – High Court held no legal infirmity in the Tribunal's order – Supreme Court examined contraventions of Sections 19(1)(a) and (d), 29(1)(a) and (b), and procedura...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 975 AND 976 OF 2007 Docid 2013 LEJ Crim SC 326530

(9) DR. JAGMITTAR SAIN BHAGAT … Vs. DIRECTOR OF HEALTH SERVICES HARYANA AND OTHERS …RESPONDENT D.D 11/07/2013 SUPREME COURT OF INDIA

Consumer Protection – Jurisdiction – Appellant, a retired Medical Officer, claimed non-payment of retiral benefits and filed a complaint before the District Consumer Disputes Redressal Forum – Supreme Court examined whether such matters fall under the Consumer Protection Act – Held that service-related disputes of government servants do not fall within the jurisdiction of consumer forums a...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5476 OF 2013 (ARISING OUT OF S.L.P. (C) NO. 11381 OF 2012) Docid 2013 LEJ Civil SC 618810