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) RAJENDRA YADAV .....Appellant Vs. STATE OF M.P. AND OTHERS .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

Misconduct and Dismissal – Parity in Punishment – Appeal involves the dismissal of the appellant, a police constable, for allegedly accepting a bribe – Argues that the punishment is disproportionate compared to co-delinquents involved in the same incident – Doctrine of equality in disciplinary actions emphasized [Paras 1-7].Doctrine of Equality – Application to Co-Delinquents – Examine...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1334 of 2013 (Arising out of SLP (Civil) No. 2070 of 2012) Docid 2013 LEJ Civil SC 325076

(2) TELESTAR TRAVELS PVT. LTD. AND OTHERS .....Appellant Vs. SPECIAL DIRECTOR OF ENFORCEMENT .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

FERA Violations – Procedural Fairness – Appeals question whether the adjudication order passed after a significant delay without rehearing the parties satisfies the requirement of affording a fair hearing – Examines the impact of delayed pronouncement on procedural fairness and the right to a fair hearing [Paras 1-7].Voluntary Nature of Statements – Retraction and Admissibility – Conside...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 1306-1309 of 2013 (Arising out of S.L.P. (C) Nos. 15546-15549 of 2008) Docid 2013 LEJ Civil SC 411064

(3) LIFE CONVICT BENGAL @ KHOKA @ PRASANTA SEN .....Appellant Vs. B.K. SRIVASTAVA AND OTHERS .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

Remission and Release – Interpretation of Life Imprisonment – Appeal involves the petitioner's claim for release after serving over 20 years, including remission – Court examines whether life imprisonment can be equated to a term of 20 years under the applicable laws and precedents [Paras 1-11].Legal Framework – Constitution and Criminal Procedure – Reviews relevant provisions under...

SUPREME COURT OF INDIA REPORTABLE # Contempt Petition (C) No. 363 of 2011 in Writ Petition (Criminal) No. 279 of 2004 (Under Article 32 of the Constitution of India) Docid 2013 LEJ Civil SC 980860

(4) SURESH KUMAR BHIKAMCHAND JAIN .....Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

Remand and Bail – Section 167(2) CrPC – Appeal examines whether the petitioner is entitled to statutory bail when the charge-sheet is filed within the statutory period but cognizance is delayed due to the absence of prosecution sanction – Discusses the statutory interpretation of remand and the conditions under which an accused can claim bail [Paras 1-19].Indefeasible Right to Bail – Filin...

SUPREME COURT OF INDIA REPORTABLE # Special Leave Petition (Criminal) No. 147 of 2013 Docid 2013 LEJ Civil SC 118316

(5) AWANI KUMAR UPADHYAY .....Appellant Vs. THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD AND OTHERS .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

Criminal Procedure – Adverse Remarks – Appellant, a judicial officer, challenged the adverse remarks and strictures passed against him by the High Court – High Court had forwarded its judgment to the Chief Justice for consideration of disciplinary proceedings – Supreme Court noted that adverse remarks cannot be made without giving an opportunity to the concerned officer to explain their co...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1340-1341 of 2013 (Arising out of S.L.P. (C) No's. 18859-18860 of 2012) Docid 2013 LEJ Civil SC 543383

(6) VIJOY KUMAR PANDEY .....Appellant Vs. ARVIND KUMAR RAI AND OTHERS .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

Administrative Law – Preparation and Publication of Panel – Appellant challenged the appointment of the Respondent as Headmaster based on an alleged selection panel – Supreme Court noted that no panel was prepared or published as required under the West Bengal School Service Commission Regulations – Held that preparation and publication of a panel is essential for transparency and probity ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1310 of 2013 (Arising out of S.L.P. (C) No. 28824 of 2011) Docid 2013 LEJ Civil SC 407447

(7) VIJOY KUMAR PANDEY .....Appellant Vs. ARVIND KUMAR RAI AND OTHERS .....Respondent D.D 13/02/2013 SUPREME COURT OF INDIA

Administrative Law – Preparation and Publication of Panel – Appellant challenged the appointment of the Respondent as Headmaster based on an alleged selection panel – Supreme Court noted that no panel was prepared or published as required under the West Bengal School Service Commission Regulations – Held that preparation and publication of a panel is essential for transparency and probity ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 1310 of 2013 (Arising out of S.L.P. (C) No. 28824 of 2011) Docid 2013 LEJ Civil SC 531295

(8) THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION .....Appellant Vs. SUBHASH SINDHI COOPERATIVE HOUSING SOCIETY JAIPUR AND OTHERS .....Respondent D.D 12/02/2013 SUPREME COURT OF INDIA

Land Acquisition – Challenge to Acquisition Proceedings – Appeals challenging the land acquisition by RIICO for industrial development – Respondent society sought release of land claiming discrimination as other similar lands were released – Supreme Court held that the Respondent society's purchase post-Section 4 notification was void – Agreement to sell did not create any title –...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 7254 of 2003 and 853 of 2013 Docid 2013 LEJ Civil SC 736866

(9) THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION AND ANOTHER .....Appellant Vs. DIAMOND AND GEM DEVELOPMENT CORPORATION LTD. AND ANOTHER .....Respondent D.D 12/02/2013 SUPREME COURT OF INDIA

Land Acquisition – Cancellation of Allotment – Appellant-RIICO canceled the allotment of land to Respondent due to non-completion of the project within the stipulated time – Supreme Court held that the cancellation was justified as the Respondent failed to complete construction and start production within five years – The lease deed was executed on an "as-is-where-is" basis, plac...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 7252-7253 and 8222-8223 of 2003 Docid 2013 LEJ Civil SC 601930