Allahabad High Court Dismisses Challenge To Land Ceiling Proceedings Filed After 11-Year Delay; Says Belated Grievance Deemed Waiver Of Rights POCSO Courts Cannot Bypass Accused's Right To Seek Discharge In The Name Of Expeditious Trial; Right To Hearing Is Substantive Safeguard: Andhra Pradesh HC Hyper-Technical Approach Cannot Be Used To Shield Corrupt Employees; Reinstating Dismissed Worker Over Minor Wage Deficit Perverse: Bombay High Court Delisting Of Railway Vendor Invalid If Sampling Done Behind Its Back & Reply Ignored Despite Receipt Before Final Order: Calcutta High Court Vague & Omnibus Allegations Against Husband's Relatives In Matrimonial Disputes Amount To Abuse Of Process: Chhattisgarh High Court Quashes FIR Under Section 85 BNS Sovereignty Of Nation Prevails Over Personal Liberty In Cases Of Organised Terrorist Activity: Delhi High Court Denies Bail To Alleged IM Media Chief Divorce Petition Filed Within One Year Of Marriage Pre-Mature; Court Shouldn't Decide Merits While Dismissing Such Suit: Gujarat High Court Plaintiffs Cannot Adduce Evidence As A Matter Of Right At Belated Stage After Multiple Adjournments: Gauhati High Court Accused Cannot Be Punished For Both Simple & Grievous Hurt For Same Act: Himachal Pradesh High Court Trial Courts Must Not Be Influenced By Emotions In Matrimonial Disputes: Jharkhand High Court Sets Aside Section 498A IPC Conviction Statutory Embargo Under MCOCA Cannot Eclipse Right Against Prolonged Incarceration Under Article 21: Delhi High Court Grants Bail To Sukesh Chandra Shekhar’s Associate Magistrate Can’t Reject Police Closure Report & Order Further Investigation Without Assigning Cogent Reasons: J&K & Ladakh HC Mere Directorship Not Enough To Fasten Criminal Liability Under Section 138 NI Act Without Specific Averments: Karnataka High Court Separation For Over 10 Years & No Cohabitation: Kerala High Court Grants Divorce Observing Irretrievable Breakdown Amounts To Cruelty Trial Court Must Personally Settle Sale Proclamation, Cannot Delegate Judicial Power To Advocate Commissioner: Madras High Court Anticipatory Bail In Corruption Cases Can Be Granted Only In Exceptional Circumstances: Punjab & Haryana High Court

(1) UTTAR BHARTIYA RAJAK SAMAJ PANCHAYAT BANGANGA RAJAK SAMAJ CO-OPERATIVE HOUSING SOCIETY (PROPOSED) AND ANOTHER .....Appellant Vs. STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....Respondent D.D 31/01/2020

Town Planning – Demand of Premium – Letter of Intent (LOI) – LOI valid for three months – Delay in obtaining clearance from Coastal Zone Management Authority – Appellants failed to make representation to extend LOI – Premium demand in accordance with Government Resolution dated 16.04.2008 requiring payment of 25% of Ready Reckoner value for Slum Rehabilitation S...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 887-888 OF 2020 [Arising Out of SLP(C) Nos. 33078-33079 of 2015] Docid 2020 LEJ Civil SC 234587

(2) SUSHIL SETHI AND ANOTHER .....Appellant Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS .....Respondent D.D 31/01/2020

Criminal Law – Quashing of Proceedings – Allegations of providing sub-standard materials for a project – FIR filed in 2000, charge sheet in 2004, summons served in 2017 – No specific allegations of fraudulent or dishonest intention from inception – No vicarious liability established against Managing Director and Director – Company not made a party – Crimin...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 125 OF 2020 (Arising from SLP(Criminal) No. 590 of 2019) Docid 2020 LEJ Civil SC 808145

(3) MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS .....Appellant Vs. PANNA MAHESH CHANDRA DAVE AND ANOTHER .....Respondent D.D 31/01/2020

Town Planning – Transferable Development Rights (TDR) – Allotment of Alternative Sites – High Court directed Municipal Corporation to allot alternative tenements to displaced tenants and consider TDR for landowners – Corporation's demolition of structures without due process found high-handed – Corporation's willingness to grant TDR acknowledged but relief of ...

REPORTABLE # SPECIAL LEAVE PETITION (C) NO. 18065 OF 2018 With SPECIAL LEAVE PETITION (C) NO. 18212 OF 2018 SPECIAL LEAVE PETITION (C) NO. 18289 OF 2018 SPECIAL LEAVE PETITION (C) NO. 18399 OF 2018 SPECIAL LEAVE PETITION (C) NO. 18599 OF 2018 SPECIAL LEAVE PETITION (C) NO. 18336 OF 2018 SPECIAL LEAVE PETITION (C) NO. 18376 OF 2018 SPECIAL LEAVE PETITION (C) NO. 18210 OF 2018 Docid 2020 LEJ Civil SC 870295

(4) STATE OF ODISHA AND OTHERS .....Appellant Vs. GOBINDA BEHERA .....Respondent D.D 31/01/2020

Criminal Law – Suppression of Criminal Case – Employment in Police Service – Respondent applied for constable position and falsely stated no involvement in any criminal case – Appointed but later found to be involved in a criminal case – Discharged for false statement – Tribunal upheld discharge, but High Court reversed, citing triviality and quashing of crimina...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 893 OF 2020 Docid 2020 LEJ Civil SC 866445

(5) GHAT TALAB KAULAN WALA .....Appellant Vs. BABA GOPAL DASS CHELA SURTI DASS (DEAD) BY LR RAM NIWAS .....Respondent D.D 31/01/2020

Trusts – Suit for Mandatory Injunction – Section 92 of CPC – High Court's finding that suit by Trust against Sevadar was not maintainable without complying with Section 92 CPC – Section 92 applicable to suits against Trusts, not by Trusts – High Court’s order erroneous – Suit maintainable and decree rightly passed by First Appellate Court [Paras 10-12]...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 724 OF 2020 (Arising Out of SLP(Civil) No. 35520 of 2016) Docid 2020 LEJ Civil SC 980923

(6) BASHEERA BEGAM AND OTHERS .....Appellant Vs. MOHAMMED IBRAHIM AND OTHERS .....Respondent D.D 31/01/2020

Criminal Law – Acquittal – Appeal against High Court’s order acquitting accused – High Court found prosecution case to suffer from serious infirmities and inconsistencies – Missing links in chain of circumstances – Prosecution failed to establish guilt beyond reasonable doubt – Acquittal upheld by Supreme Court [Paras 19-26].   Conspiracy &ndash...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 417 OF 2010 With CRIMINAL APPEAL NO. 416 OF 2010 And CRIMINAL APPEAL NOS. 408-414 OF 2010 Docid 2020 LEJ Crim SC 555746

(7) CHOWGULE AND COMPANY PRIVATE LIMITED .....Appellant Vs. GOA FOUNDATION AND OTHERS .....Respondent D.D 30/01/2020

Mining Law – Transportation of Iron Ore – Legislative Policy – Rule 12(1)(gg) of the Minerals Concession Rules grants lessees six months to remove mineral ore after lease termination – The Supreme Court set aside the High Court’s order, permitting transportation of royalty-paid iron ore mined before 15.03.2018 – State of Goa’s decision to allow such transp...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 839 OF 2020 (Arising out of SLP(C) No. 12449 of 2018) With CIVIL APPEAL NOS. 840-842 OF 2020 CIVIL APPEAL NO. 843 OF 2020 CIVIL APPEAL NOS. 844-846 OF 2020 CIVIL APPEAL NO. 847 OF 2020 CIVIL APPEAL NO. 848 OF 2020 SLP(C) No. 22035 of 2019 Docid 2020 LEJ Civil SC 771140

(8) N. MOTILAL AND OTHERS .....Appellant Vs. FAISAL BIN ALI AND ANOTHER .....Respondent D.D 30/01/2020

Rent Control – Determination of Fair Rent – Appeal against High Court order dismissing challenge to fair rent determination – Application for fair rent can be made by both landlord and tenant even during the currency of contractual tenancy – Supreme Court upheld the dismissal of the appeal, affirming that the Rent Control Act provisions override contractual agreements and a...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 710 OF 2020 (Arising Out of SLP(C) No. 28951 of 2019) Docid 2020 LEJ Civil SC 897867

(9) CHAIRMAN/MANAGING DIRECTOR U.P. POWER CORPORATION LTD. AND OTHERS .....Appellant Vs. RAM GOPAL .....Respondent D.D 30/01/2020

Service Law – Termination – Challenge to High Court order upholding reinstatement – Termination order was a speaking order with reasons clearly stated – High Court erred in concluding the termination was without reasons – No legal or factual similarity between the cases of Ram Gopal and Shyam Behari Lal to warrant parity – Ram Gopal had not been in service since...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 852 OF 2020 [Arising Out of SLP (Civil) No. 36253 of 2016] With CRIMINAL APPEAL NO. 204 OF 2020 [Arising Out of SLP (Criminal) No. 2014 of 2017] Docid 2020 LEJ Civil SC 915394