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) VENKATESHA .....Appellant Vs. STATE OF KARNATAKA .....Respondent D.D 08/01/2013 SUPREME COURT OF INDIA

Criminal Law – Murder and Attempt to Murder – Conviction of appellant for planting explosive device in a barber shop – Explosive device resulted in the death of Shankar and injuries to Krishna and Shivaram – Prosecution established common intention to kill Muniraju but Shankar became unintended victim – Conviction under Sections 302, 307, and 427 IPC and Section 3 of Explosive Substances...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 135 OF 2005 Docid 2013 LEJ Crim SC 998624

(2) RISHI PAL .....Appellant Vs. STATE OF UTTARAKHAND .....Respondent D.D 08/01/2013 SUPREME COURT OF INDIA

Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted for abduction, fraud, and related offences – Conviction for murder by trial court based on circumstantial evidence overturned by High Court – High Court found lack of direct evidence or conclusive proof of homicidal death – Prosecution failed to establish crucial link between appellant and the alleged murder [Para...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 928 OF 2009 Docid 2013 LEJ Crim SC 900520

(3) THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION .....Appellant Vs. SHEEJA P.R. AND ANOTHER .....Respondents D.D 08/01/2013 SUPREME COURT OF INDIA

Public Service Commission – Supplementary Lists – Kerala Public Service Commission (PSC) challenged High Court's directive to use supplementary list after exhaustion of main list – Supreme Court examined validity of maintaining supplementary list independently – Held that once main list is exhausted, supplementary list loses significance and cannot be operated independently [Paras 3, ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 129 OF 2013 (Arising out of SLP (Civil) No. 1107 of 2012) Docid 2013 LEJ Civil SC 259937

(4) M/S. GIAN CHAND AND BROTHERS AND ANOTHER .....Appellants Vs. RATTAN LAL @ RATTAN SINGH .....Respondent D.D 08/01/2013 SUPREME COURT OF INDIA

Civil Procedure – Burden of Proof – Appellants claimed money recovery based on account entries signed by respondent – Respondent denied signatures – Lower courts held signatures genuine; burden on respondent to disprove – High Court reversed, citing appellants' failure to prove signatures via handwriting expert – Supreme Court held High Court erred; burden appropriately placed by ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 130 OF 2013 (Arising out of S.L.P. (C) No. 13950 of 2009) Docid 2013 LEJ Civil SC 392426

(5) STATE OF BIHAR AND OTHERS .....Appellants Vs. NIRMAL KUMAR GUPTA .....Respondent D.D 08/01/2013 SUPREME COURT OF INDIA

Excise Law – Settlement of Licences – Interpretation of Rules – High Court held licence fee liability starts from issuance of licence – Supreme Court reversed, holding liability starts from date of settlement – Respondent delayed advance security payment causing approval delay – Settlement date governs fee liability under Rule 24 [Paras 3, 17-18, 20, 24].Default in Advance Security –...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 128 OF 2013 (Arising out of S.L.P. (C) No. 19133 of 2009) Docid 2013 LEJ Civil SC 175521

(6) MUNICIPAL CORPORATION RAJASTHAN .....Appellant Vs. SANJEEV SACHDEVA AND OTHERS .....Respondents D.D 08/01/2013 SUPREME COURT OF INDIA

Municipal Law – Change of Land Use – Amendment of Section 173-A – Rajasthan Municipal Corporation demanded conversion charges for changing land use from residential to commercial – Respondents challenged the demand citing earlier Supreme Court judgment – High Court quashed demand relying on un-amended Section 173-A – Supreme Court held amended Section 173-A applicable, validating the d...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 240 OF 2013 (Arising out of SLP (C) No. 11907 of 2009) With CIVIL APPEAL NOs. 242 and 241 of 2013 (Arising out of SLP (C) No's. 34347 and 14304 of 2009) Docid 2013 LEJ Civil SC 490357

(7) SUBHASH CHAND .....Appellant Vs. STATE (DELHI ADMINISTRATION) .....Respondent D.D 08/01/2013 SUPREME COURT OF INDIA

Criminal Procedure – Appeal Against Acquittal – Determining proper forum for appeal in complaint cases – High Court dismissed appeal holding Sessions Court jurisdiction for state appeals – Supreme Court reversed, holding appeals in complaint cases lie to High Court [Paras 7-8, 16-18].Jurisdiction – Sections 378(1) and 378(4) CrPC – State may direct appeal to High Court except in cogniz...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 50 OF 2013 (Arising out of Special Leave Petition (Criminal) No. 6937 of 2011) Docid 2013 LEJ Crim SC 248512

(8) HARYANA POWER GENERATION CORPORATION LIMITED AND OTHERS .....Appellants Vs. HARKESH CHAND AND OTHERS .....Respondents D.D 07/01/2013 SUPREME COURT OF INDIA

Service Law – Apprenticeship and Regular Employment – Appellants contended training period as apprentices should not count towards regular service for ACP Scale – Respondents argued training period should be included – High Court ruled in favor of respondents – Supreme Court reversed, holding apprenticeships do not count towards regular service under ACP Scheme [Paras 3, 18, 27-28].Inter...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 100 OF 2013 (Arising out of S.L.P. (C) No. 29987 of 2010) Docid 2013 LEJ Civil SC 553307

(9) HARDEVINDER SINGH .....Appellant Vs. PARAMJIT SINGH AND OTHERS .....Respondents D.D 07/01/2013 SUPREME COURT OF INDIA

Civil Procedure – Maintainability of Appeal – Appeal challenged judgment dismissing suit for partition based on alleged forged will – Appellant, aggrieved party, filed appeal against decision of lower court – High Court dismissed appeal as non-maintainable – Supreme Court held High Court erred in dismissing appeal – Legal right of appellant was affected by lower court’s decision, mak...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 102 OF 2013 (Arising out of S.L.P. (C) No. 35271 of 2011) Docid 2013 LEJ Civil SC 935872