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) UNION OF INDIA (UOI) AND OTHERS .....Appellant Vs. DEBTS RECOVERY TRIBUNAL BAR ASSOCIATION AND ANOTHER .....Respondent D.D 22/01/2013 SUPREME COURT OF INDIA

Judicial Administration – Infrastructure for DRTs – Appellants directed to provide adequate space and facilities for DRTs in Chandigarh – Existing authorization of space increased – Measures for addressing infrastructural constraints, including acquisition or construction of suitable buildings [Paras 1-11].Judicial Review – Superintendence of Tribunals – Role of High Courts under Artic...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 617-618 OF 2013 (Arising out of S.L.P. (C) Nos. 22808-22809 of 2010) Docid 2013 LEJ Civil SC 781140

(2) ROPAN SAHOO AND ANOTHER .....Appellant Vs. ANANDA KUMAR SHARMA AND OTHERS .....Respondent D.D 22/01/2013 SUPREME COURT OF INDIA

Excise Law – Licensing – IMFL "Off" Shops – Appellants granted licenses for liquor shops within prohibited distances from places of worship, bus stands, and petrol pumps – High Court quashed licenses due to lack of specific relaxation orders and reasons – Supreme Court finds relaxation orders valid and properly reasoned based on note sheets and recommendations [Paras 1-25].Judi...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 615 OF 2013 (Arising out of S.L.P. (C) No. 34902 of 2009) Docid 2013 LEJ Civil SC 543746

(3) SHYAM LAL VERMA .....Appellant Vs. CENTRAL BUREAU OF INVESTIGATION .....Respondent D.D 21/01/2013 SUPREME COURT OF INDIA

Criminal Law – Corruption – Sentence – Appellant, a retired Post Office employee, misappropriated funds and failed to make ledger entries – Trial Court convicted and released appellant under Probation of Offenders Act – High Court imposed substantive sentences under IPC and Prevention of Corruption Act – Supreme Court upheld High Court’s decision, ruling Probation Act not applicable ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 171 OF 2013 (Arising out of Special Leave Petition (Criminal) No. 4378 of 2012) Docid 2013 LEJ Civil SC 112098

(4) DEEPAK AGGARWAL AND OTHERS .....Appellant Vs. KESHAV KAUSHIK AND OTHERS .....Respondent D.D 21/01/2013 SUPREME COURT OF INDIA

Service Law – Eligibility for District Judge – Public Prosecutors, District Attorneys, and similar law officers in full-time employment with the government are ineligible for appointment as District Judges under Article 233(2) – High Court quashed their selections – Supreme Court upheld High Court's decision, affirming they do not qualify as advocates under Article 233(2) [Paras 1-47]...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 561 OF 2013 (Arising out of SLP (C) No. 17463 of 2010) With CIVIL APPEAL NOS. 562-567 OF 2013 (Arising out of SLP (C) Nos. 17723-17728 of 2010) With CIVIL APPEAL NOS. 568-572 OF 2013 (Arising out of SLP (C) Nos. 17793-17797 of 2010) With CIVIL APPEAL NOS. 573-578 OF 2013 (Arising out of SLP (C) Nos. 17366-17371 of 2010) With CIVIL APPEAL NOS. 579-584 OF 2013 (Arising out of SLP (C) Nos. 21344-21349 of 2010) With CIVIL APPEAL NOS. 585-590 OF 2013 (Arising out of SLP (C) Nos. 23205-23210 of 2010) With CIVIL APPEAL NOS. 591-596 OF 2013 (Arising out of SLP (C) Nos. 32273-32278 of 2011) Docid 2013 LEJ Civil SC 998362

(5) GOPAL AND ANOTHER .....Appellant Vs. STATE OF RAJASTHAN .....Respondent D.D 18/01/2013 SUPREME COURT OF INDIA

Criminal Law – Right of Private Defence – Appellants involved in a fight resulting in deaths – Trial Court convicted under Section 302 read with Section 34 IPC – High Court upheld conviction for appellants – Supreme Court affirmed that the right of private defence was valid against Rameshwar's death but not against Prabhat's death, as appellants exceeded their right by chasing ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1156 OF 2007 Docid 2013 LEJ Crim SC 538561

(6) REPUBLIC OF ITALY THROUGH AMBASSADOR AND OTHERS .....Appellant Vs. UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 18/01/2013 SUPREME COURT OF INDIA

International Law – Jurisdiction – Exclusive Economic Zone (EEZ) – Incident of firing by Italian marines on Indian fishing vessel St. Antony, resulting in death of two Indian fishermen – Occurred 20.5 nautical miles off Kerala coast, within India's EEZ – Kerala police registered FIR, arrested marines – Italy claimed sovereign immunity, exclusive jurisdiction [Paras 1-15].Criminal ...

SUPREME COURT OF INDIA REPORTABLE # WRIT PETITION (CIVIL) NO. 135 OF 2012 (Under Article 32 of the Constitution of India) Docid 2013 LEJ Civil SC 505533

(7) STATE OF BIHAR AND ANOTHER .....Appellant Vs. SUNNY PRAKASH AND OTHERS .....Respondent D.D 18/01/2013 SUPREME COURT OF INDIA

Service Law – Implementation of Agreements – Government of Bihar's repeated assurances to implement agreements with Federation for parity in pay and benefits with government staff – Strike by Federation due to non-implementation – High Court directed Chief Secretary to ensure implementation – Supreme Court upheld High Court's direction, finding Government's commitment bind...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 516 OF 2013 (Arising out of SLP (C) No. 22617 of 2008) Docid 2013 LEJ Civil SC 835924

(8) KALLAKKURICHI TALUK RETIRED OFFICIAL ASSOCIATION TAMILNADU AND OTHERS .....Appellant Vs. STATE OF TAMILNADU AND OTHERS .....Respondent D.D 17/01/2013 SUPREME COURT OF INDIA

Service Law – Pension Computation – Inclusion of 'Dearness Allowance' – Appellants contested the State's decision to include 'dearness allowance' as 'dearness pay' only for employees retiring on or after specific dates – Trial courts ruled in favor of including 'dearness allowance' for all retirees – Supreme Court upheld these decisions, empha...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8848-8883 OF 2012 Docid 2013 LEJ Civil SC 507490

(9) EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD. .....Appellant Vs. GARG SONS INTERNATIONAL .....Respondent D.D 17/01/2013 SUPREME COURT OF INDIA

Insurance Law – Compliance with Policy Terms – Appellant (insurer) denied claims by respondent (insured) due to failure to declare overdue payments within stipulated period as required under Clause 8(b) of the insurance policy – NCDRC partially allowed claims – Supreme Court upheld NCDRC's decision for two claims where compliance was met – Remaining claims dismissed for non-complian...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1542-1559 OF 2004 Docid 2013 LEJ Civil SC 850928