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) APPELLANT: RAM CHANDRA BHAGAT Vs. RESPONDENT: STATE OF JHARKHAND D.D 09/11/2012 SUPREME COURT OF INDIA

Criminal Law – Section 493 IPC – Deception and False Belief of Marriage – Appellant convicted for inducing the complainant to believe she was lawfully married to him, leading to cohabitation – Examination of whether deceitful inducement and cohabitation were established beyond reasonable doubt [Paras 1-26].Deceit and Cohabitation – Legal Definitions and Interpretations – Definition of ...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 439 of 2006 Docid 2012 LEJ Crim SC 636222

(2) SPECIAL OFFICER COMMERCE NORTH EASTERN ELECTRICITY COMPANY OF ORISSA (NESCO) AND ANOTHER Vs. RESPONDENT: RAGHUNATH PAPER MILLS PRIVATE LIMITED AND ANOTHER D.D 09/11/2012 SUPREME COURT OF INDIA

Electricity Dues – Liability of Auction Purchaser – Liability for outstanding electricity dues – Auction-purchaser of property not liable for arrears of electricity dues owed by previous owner – Electricity supply applied for as a fresh connection, not a transfer of existing connection – Appellant cannot demand payment of previous arrears as a condition for new electricity supply [Paras ...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 7899 of 2012 (Arising out of SLP (C) No. 35573 of 2010) Docid 2012 LEJ Civil SC 409142

(3) VOLTAS LIMITED Vs. RESPONDENT: TEHSILDAR THANE AND OTHERS D.D 08/11/2012 SUPREME COURT OF INDIA

Land Acquisition – Forfeiture of Land – Demand for Unearned Income – Breach of Terms – Orders of forfeiture and demand of unearned income challenged – No specific breach of terms and conditions of allotment shown – State Government allowed change of land use and development under Urban Land Ceiling Act – Impugned orders passed without notice and hearing – Violation of natural justi...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 8557 and 8558 of 2003 Docid 2012 LEJ Civil SC 335836

(4) AYAAUBKHAN NOORKHAN PATHAN Vs. RESPONDENT: THE STATE OF MAHARASHTRA AND OTHERS D.D 08/11/2012 SUPREME COURT OF INDIA

Legal Standing – Locus Standi – Only an aggrieved person can challenge actions in court – Respondent No. 5, not belonging to a reserved category, lacks standing to challenge appellant's caste certificate – High Court erred in allowing the complaint [Paras 7-22].Natural Justice – Cross-Examination – Right to cross-examine witnesses is fundamental to natural justice – Scrutiny Com...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 7728 of 2012 Docid 2012 LEJ Civil SC 639226

(5) VIPUL SHITAL PRASAD AGARWAL Vs. RESPONDENT: STATE OF GUJARAT AND ANOTHER D.D 06/11/2012 SUPREME COURT OF INDIA

Criminal Procedure – Default Bail – Section 167(2) CrPC – Mere undertaking of further investigation does not mean that an already filed charge-sheet gets abandoned – Fact that CBI recorded a fresh FIR does not make investigation by CBI any less of a fresh investigation – Claim for default bail not tenable when initial charge-sheet filed within stipulated period [Paras 18, 25, 26].Investi...

SUPREME COURT OF INDIA REPORTABLE # Criminal Miscellaneous Petition No. 11364 of 2012 Special Leave Petition (Criminal) No. 3672 of 2012 Docid 2012 LEJ Crim SC 692649

(6) ROHITASH KUMAR AND OTHERS Vs. RESPONDENT: OM PRAKASH SHARMA AND OTHERS D.D 06/11/2012 SUPREME COURT OF INDIA

Statutory Interpretation – Proviso – Proviso cannot be interpreted in a manner that nullifies the main provision – Proviso is an exception to the main provision – Statute must be interpreted in its plain and literal sense [Paras 15-21].Seniority – Officers Training in Different Batches – Appellants and respondent officers selected through the same process but trained in different batch...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal Nos. 2133-2134 of 2004 Docid 2012 LEJ Civil SC 733109

(7) TARA CHAND AND OTHERS .....Appellants Vs. RESPONDENT(S): GRAM PANCHAYAT JHUPA KHURD AND OTHERS .....Respondents D.D 06/11/2012 SUPREME COURT OF INDIA

Tenancy Law – Occupancy Rights – Punjab Tenancy Act, 1887 – Sections 5, 8, and 10 – Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 – Section 2(f) – Occupancy rights claim rejected – Appellants and their ancestors were joint owners/co-sharers in shamilat deh since before 1935-36 – Section 10 of the Tenancy Act prohibits joint-owners from claiming occupancy rights...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8845-8850 OF 2003 Docid 2012 LEJ Civil SC 942312

(8) THE STATE OF MAHARASHTRA AND OTHERS .....Appellants Vs. RESPONDENT(S): SAEED SOHAIL SHEIKH ETC. ETC. .....Respondents D.D 02/11/2012 SUPREME COURT OF INDIA

Prisoners Act 1900 – Section 29 – Transfer of prisoners – Inspector General of Prisons cannot direct the removal of undertrial prisoners from one prison to another – Section 26 of the Prison Act, 1894 obliges prison authorities to have prisoners medically examined before transfer – No specific power vested in any authority to order removal, including the Inspector General of Prisons – ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1735-1739 OF 2012 (Arising out of S.L.P. (Criminal) Nos. 6390-6394 of 2010) Docid 2012 LEJ Crim SC 234488

(9) TUKARAM KANA JOSHI AND OTHERS THROUGH POWER OF ATTORNEY HOLDER .....Appellants Vs. RESPONDENT(S): M.I.D.C. AND OTHERS .....Respondents D.D 02/11/2012 SUPREME COURT OF INDIA

Constitutional Law – Right to Property – Article 300A of the Constitution – Right to property considered a constitutional, statutory, and human right – Deprivation of property must occur only in accordance with the law – The state cannot take possession of land without following legal procedures – High Court erred in dismissing the appellants' claim on the grounds of delay and non...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7780 OF 2012 (Arising out of SLP (C) No. 2418 of 2012) Docid 2012 LEJ Civil SC 567570