Security Deposit Forfeiture | Court Must Determine Reasonable Compensation Under Section 74 Indian Contract Act, Even Without Specific Plea: Himachal Pradesh High Court Third Parties Lack Locus Standi To Challenge A Natural Guardian’s Application For Sale Of Minor’s Property Under Section 8(2) HMGA: Gujarat High Court Parity In Bail: Karnataka High Court Grants Relief To Accused In Robbery Case As Mastermind & Main Offenders Were Already Enlarged Section 80(3) Motor Vehicles Act | Grant Of Concurrence For Permit Variation Without Addressing Findings On Route Saturation Amounts To Non-Application Of Mind: Kerala High Court Fraud Vitiates Any Judicial Act: Telangana High Court Sets Aside Lok Adalat Award Obtained Through Wilful Suppression Of Pending Litigation Suspicious Circumstances Surrounding Will Execution Shift Burden On Propounder To Dispel Doubts: Punjab And Haryana High Court Return Of Stridhan | Failure To Specify Exact Date Of Misappropriation Cannot Be Ground To Dismiss Claim In Matrimonial Proceedings: Kerala High Court Absence Of Evidence & Unexplained 6-Year Delay In Filing Complaint: Madras High Court Discharges Ex-MP S.R. Parthiban In Forest Encroachment Case Section 89 Waqf Act 1995 | Suit Without Prior Mandatory Notice Disclosing Cause Of Action Is Not Maintainable: Calcutta High Court Child Witness Testimony Requires Preliminary Judicial Examination To Rule Out Tutoring: Allahabad High Court Permissive Possession By Caretaker Does Not Mature Into Ownership By Adverse Possession: Delhi High Court Financier Cannot Claim Interim Custody Of Vehicle Seized Under NDPS Act; Only Registered Owner Or Agent Entitled: Madhya Pradesh High Court Anticipatory Bail | Mere Assertion Of Need For Custodial Interrogation Without Justification Cannot Deny Protection: Telangana High Court Disciplinary Charge-Sheet Must Not Pre-Judge Guilt; Use Of Conclusive Language Vitiates Proceedings: Calcutta High Court Wiping Tears Isn't Sexual Assault: Madras High Court Quashes POCSO Case Against Constable, Says Law Cannot Be Used To Criminalize Human Empathy High Court Will Not Entertain Writ Petition Against DRT Order When Statutory Appeal Under Section 18 SARFAESI Act Is Available: Punjab & Haryana HC Previous Services Of Ad-Hoc Or Seasonal Employees Must Be Counted To Determine 'Qualifying Service' For Pension: Allahabad High Court Trade Marks Act | Generic Or Descriptive Terms Without Acquired Distinctiveness Cannot Be Monopolized Through Registration: Bombay High Court

(1) MAHALAXMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ETC. .....Appellant Vs. ASHABHAI ATMARAM PATEL (D) TH. L.RS. AND OTHERS .....Respondent D.D 01/03/2013 SUPREME COURT OF INDIA

Civil Procedure – Settlement and Compromise – The Supreme Court dealt with the appeals concerning the settlement and compromise recorded in civil suits – Held that the trial court rightly allowed the pursis (statements on record) indicating settlement and compromise between the parties under Order XXIII Rule 3 CPC – The objections by certain plaintiffs and defendants were addressed and fou...

SUPREME COURT OF INDIA REPORTABLE # Case Nos.: Civil Appeal Nos. 2050-2053 of 2013 (Arising out of SLP (Civil) Nos. 126-129 of 2012) APPELLANT(S): MAHALAXMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ETC. .....Appellant VERSUS RESPONDENT(S): ASHABHAI ATMARAM PATEL (D) TH. L.RS. AND OTHERS .....Respondent Legislation: Civil Procedure Code 1908 (CPC) - Order 21 Rule 1, Order 23 Rule 1, Order 23 Rule 3, Order 32 Rule 1, Order 32 Rule 10, Order 32 Rule 11, Order 32 Rule 12, Order 32 Rule 13, Order 32 Rule 14, Order 32 Rule 2, Order 32 Rule 3, Order 32 Rule 4, Order 32 Rule 5, Order 32 Rule 6, Order 32 Rule 7, Order 32 Rule 8, Order 32 Rule 9, Order 33 Rule 1, Order 33 Rule 3, Order 43 Rule 1(1), Order 43 Rule 1A(2), Section 151, Section 2(2), Section 24, Section 96 Constitution of India 1950 - Article 136, Article 226, Article 227 Contract Act 1872 - Section 23 Limitation Act 1963 - Article 120, Article 121 Subject: Appeals arising from a common judgment of the Gujarat High Court disposing of six special civil applications, particularly challenging the orders passed in Special Civil Suit No. 292/1993 and Special Civil Suit No. 681/1992 concerning the legality of sale deeds and subsequent settlements. Headnotes: Civil Procedure – Settlement and Compromise – The Supreme Court dealt with the appeals concerning the settlement and compromise recorded in civil suits – Held that the trial court rightly allowed the pursis (statements on record) indicating settlement and compromise between the parties under Order XXIII Rule 3 CPC – The objections by certain plaintiffs and defendants were addressed and found insufficient to invalidate the settlements [Paras 16-42]. Abatement and Legal Representation – The Court discussed the issue of abatement due to non-representation of deceased plaintiffs – Held that the heirs of the deceased plaintiff did not take timely steps to get themselves impleaded in the suits, leading to abatement – The acknowledgments and confirmations executed by the plaintiffs were found binding on their heirs [Paras 35-42]. Legal Principles – Compromise under CPC – Emphasized the distinction between withdrawal of suits under Order XXIII Rule 1 and compromise under Order XXIII Rule 3 – Stressed that the satisfaction of the court regarding a lawful agreement or compromise in writing and signed by the parties is essential for passing a decree – The trial court's decision to record the compromise and dispose of the suits was upheld [Paras 36-42]. Decision – Appeals Allowed – Held – The High Court’s judgment setting aside the orders of the trial court was overturned – The orders dated 14.08.2008 and 08.09.2009 by the trial court accepting the settlement and compromise were reinstated – No order as to costs [Paras 43-45]. Referred Cases: Pushpa Devi Bhagat (D) th. LR. Smt. Sadhna Rai v. Rajinder Singh and Others, AIR 2006 SC 2628 Prem Lala Nahata and Another v. Chandi Prasad Sikaria, AIR 2007 SC 1247 Representing Advocates: For the Docid 2013 LEJ Civil SC 998627

(2) STATE OF ANDHRA PRADESH .....Appellant Vs. STATE OF MAHARASHTRA AND OTHERS .....Respondent D.D 28/02/2013 SUPREME COURT OF INDIA

Inter-State Water Disputes – Interpretation of Agreement and Award – Dispute between Andhra Pradesh and Maharashtra regarding the construction of Babhali barrage – Andhra Pradesh claimed violation of agreements endorsed by Godavari Water Disputes Tribunal – Supreme Court interpreted the agreements and award, highlighting that Maharashtra’s utilization of 60 TMC of water for new projects ...

SUPREME COURT OF INDIA REPORTABLE # Original Suit No. 1 of 2006 Writ Petition (C) Nos. 134 of 2006, 207 and 210 of 2007, and Contempt Petition (C) No. 142 of 2009 in Original Suit No. 1 of 2006 Jurisdiction: Under Article 32 of the Constitution of India Docid 2013 LEJ Civil SC 419258

(3) STATE OF ORISSA AND OTHERS .....Appellant Vs. SRI JAGABANDHU PANDA .....Respondent D.D 27/02/2013 SUPREME COURT OF INDIA

Ex-Cadre vs. Cadre Posts – Dispute over whether the Respondent's post was ex-cadre – Respondent appointed as Ore Dressing Engineer, claimed it should be included in the cadre – State treated it as ex-cadre – Supreme Court examined historical context and rules, found post was created as ex-cadre for a specific scheme and continued as such – Tribunal and High Court orders directing ca...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1967 of 2013 (Arising out of Special Leave Petition (Civil) No. 20635 of 2011) With Civil Appeal No. 1968 of 2013 (Arising out of S.L.P. (Civil) No. 8676 of 2013) Jurisdiction: Civil Appellate Jurisdiction Docid 2013 LEJ Civil SC 708766

(4) ESHA EKTA APARTMENTS CO-OPERATIVE HOUSING SOCIETY LTD. AND OTHERS .....Appellant Vs. MUNICIPAL CORPORATION OF MUMBAI AND OTHERS .....Respondent D.D 27/02/2013 SUPREME COURT OF INDIA

Development Control Regulations – Unauthorized construction – Petitioners sought regularization of buildings constructed in violation of sanctioned plans – Municipal Corporation issued notices for demolition – Trial Court and High Court upheld action of Corporation – Supreme Court dismissed appeals, refused regularization – Held: Municipal laws must be implemented strictly to prevent u...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7934 OF 2012 (Arising out of SLP (C) No. 33471 of 2011) With CIVIL APPEAL NO. 7935 OF 2012 (Arising out of SLP (C) No. 33601 of 2011) With CIVIL APPEAL NO. 7936 OF 2012 (Arising out of SLP (C) No. 33940 of 2011) With CIVIL APPEAL NO. 7937 OF 2012 (Arising out of SLP (C) No. 35402 of 2011) With CIVIL APPEAL NO. 7938 OF 2012 (Arising out of SLP (C) No. 35324 of 2011) And TRANSFERRED CASE (CIVIL) NO. 55 OF 2012 Docid 2013 LEJ Civil SC 958327

(5) RAMESH KUMAR SONI .....Appellant Vs. STATE OF MADHYA PRADESH .....Respondent D.D 26/02/2013 SUPREME COURT OF INDIA

Procedural Law – Retrospective Operation – Applicability of the Madhya Pradesh Amendment Act 2007, which shifted trial jurisdiction for certain offences from Judicial Magistrate First Class to the Court of Sessions. Supreme Court affirmed that procedural laws operate retrospectively unless stated otherwise. The amendment was held to apply to all cases instituted after its enactment, even if th...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 353 of 2013 (Arising out of S.L.P. (Criminal) No. 5663 of 2011) Jurisdiction: Criminal Appellate Jurisdiction Docid 2013 LEJ Crim SC 653846

(6) RAVINDERSINGH @ RAVI PAVAR .....Appellant Vs. STATE OF GUJARAT .....Respondent D.D 22/02/2013 SUPREME COURT OF INDIA

Bail – Rejection and Cancellation – Hooch Tragedy – Appeals involving the rejection of bail for appellant Ravindersingh @ Ravi Pavar and cancellation of bail for co-accused Jayesh Hiralal Thakkar – Supreme Court emphasized the gravity of the offence involving the death of 147 persons and injuries to 205 others due to spurious liquor containing methyl alcohol – The appellant's habitu...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 334 OF 2013 (Arising out of S.L.P. (Criminal) No. 3334 of 2012) With CRIMINAL APPEAL NO. 335 OF 2013 (Arising out of S.L.P. (Criminal) No. 4026 of 2012) And CRIMINAL APPEAL NO. 336 OF 2013 (Arising out of S.L.P. (Criminal) No. 4027 of 2012) Docid 2013 LEJ Crim SC 363888

(7) BAGAI CONSTRUCTION THR. ITS PROPRIETOR MR. LALIT BAGAI .....Appellant Vs. GUPTA BUILDING MATERIAL STORE .....Respondent D.D 22/02/2013 SUPREME COURT OF INDIA

Additional Evidence and Recall of Witness – Plaintiff's applications under Order 18 Rule 17 and Order 7 Rule 14 read with Section 151 CPC – Trial court dismissed applications to file additional documents and recall a witness – High Court allowed the applications, finding it necessary for just decision – Supreme Court held that such applications to fill lacunae should not be permitted ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1787 of 2013 (Arising out of S.L.P. (C) No. 35268 of 2011) Jurisdiction: Civil Appellate Jurisdiction Docid 2013 LEJ Civil SC 591699

(8) K. SRINIVAS RAO .....Appellant Vs. D.A. DEEPA .....Respondent D.D 22/02/2013 SUPREME COURT OF INDIA

Mental Cruelty – Grounds for Divorce – Appellant-husband sought dissolution of marriage on grounds of mental cruelty – Respondent-wife filed multiple complaints including false allegations of dowry harassment – Supreme Court held that filing of false complaints and defamatory statements caused mental cruelty – High Court’s order setting aside decree of divorce was erroneous – Divorce...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1794 of 2013 (Arising out of Special Leave Petition (Civil) No. 4782 of 2007) Jurisdiction: Civil Appellate Jurisdiction Docid 2013 LEJ Civil SC 620306

(9) STATE OF KERALA AND OTHERS .....Appellants Vs. SNEHA CHERIYAN AND ANOTHER .....Respondents D.D 22/02/2013 SUPREME COURT OF INDIA

Kerala Education Rules – Rule 51A Claims – Continuous Service Requirement – Appellants contested the necessity of minimum continuous service in an academic year for re-appointment claims under Rule 51A of the Kerala Education Rules, 1959 – High Court’s ruling declaring the government orders invalid was challenged – Supreme Court upheld the requirement, emphasizing statutory and procedu...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1643 OF 2013 (Arising out of S.L.P. (C) No. 22332 of 2009) With C.A. Nos. 1644-1785 of 2013 (Arising out of S.L.P. (C) Nos. 22260, 22326, 22558, 22674, 22742, 22843, 22404, 22416, 22422, 22423, 22393, 22352, 22493, 23037, 23689, 25745, 29317, 29310, 26998, 29318, 27014, 29320, 27016, 27022, 27086, 27156, 27165, 27359, 29308, 29321, 27659, 27761, 29311, 27857, 27959, 28106, 29322, 1099, 1100, 17087, 23817, 23820, 24136, 24862, 1662, 1014, 1020, 1017, 1021, 1022, 1015, 2502, 791, 2503, 2504, 2505, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2516, 2517, 2518, 2521, 5768, 7768, 5881, 7767, 11036, 10786, 11730, 10787, 29677, 32905, 32903, 29823, 32907, 32908, 12190, 4963, 19574, 19787, 32653, 19585, 19576, 26647, 13246, 25151, 21164, 30941, 5620, 5621, 5622, 5623, 5624, 5625, 5626, 5627, 5628, 5629, 5630, 5631, 5632, 5633, 5634, 5635, 5636, 5637, 5638, 5639, 5640, 1104, 1106, 1107, 1105, 1738, 1739, 245, 247, 248, 2846, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 1748, 1749, 1750, 1751, 1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1762, 1763, 1764, 1765, 1766, 1767, 1768, 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1776, 1777, 1778, 1779, 1780, 1781, 1782, 1783, 1784, 1785 of 2013) Docid 2013 LEJ Civil SC 971569