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) K. SURESH Vs. RESPONDENT(S): NEW INDIA ASSURANCE COMPANY LTD. AND ANOTHER D.D 19/10/2012 SUPREME COURT OF INDIA

Compensation for Personal Injuries – Just Compensation - While assessing damages, speculative considerations must be excluded, though some guesswork is inevitable - Courts must compensate not only for physical injuries but also for the loss of the ability to lead a full life, enjoy normal amenities, and earn as before - Compensation enhanced to Rs. 1,348,000 with 7.5% interest [Paras 2-10, 27-32...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7603 OF 2012 (Arising out of SLP (C) No. 3487 of 2011) Docid 2012 LEJ Civil SC 407101

(2) SATISH BATRA Vs. RESPONDENT(S): SUDHIR RAWAL D.D 18/10/2012 SUPREME COURT OF INDIA

Forfeiture of Earnest Money – Legal Principles - Forfeiture of earnest money is justified if the terms of the contract are clear and explicit - Earnest money is a security for due performance and is forfeited if the purchaser defaults - Part payment of purchase price cannot be forfeited unless intended as earnest money [Paras 17-18].Contractual Terms – Binding Nature - The contract must stipul...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7588 OF 2012 (Arising out of SLP (Civil) No. 4605 of 2012) Docid 2012 LEJ Civil SC 625641

(3) RATNAGIRI GAS AND POWER PVT. LTD. Vs. RESPONDENT(S): RDS PROJECTS LTD. AND OTHERS D.D 18/10/2012 SUPREME COURT OF INDIA

Withdrawal of Petition – Bar on Second Petition - A second petition filed seeking relief against the petitioner's exclusion from a fresh tender notice is not maintainable if the first petition was withdrawn without liberty to file afresh - The Court should be cautious in drawing conclusions about mala fides unless sufficiently supported by evidence [Paras 22-26].Tender Process – Eligibili...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7593 OF 2012 (Arising out of S.L.P. (C) No. 3571 of 2012) CIVIL APPEAL NO. 7594 OF 2012 (Arising out of S.L.P. (C) No. 5554 of 2012) CIVIL APPEAL NO. 7595 OF 2012 (Arising out of S.L.P. (C) No. 6180 of 2012) Docid 2012 LEJ Civil SC 236907

(4) ASHOK Vs. RESPONDENT(S): RAJENDRA BHAUSAHEB MULAK D.D 18/10/2012 SUPREME COURT OF INDIA

Improper Reception of Votes – Material Facts and Particulars - Election petitions must plead material facts showing how the improper reception of votes materially affected the election result. Absence of allegations specifying that disputed votes were cast in favor of the winning candidate renders the petitions deficient, failing to disclose a cause of action [Paras 6-7, 22-26].Non-Compliance wi...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7591 OF 2012 (Arising out of SLP (C) No. 28143 of 2010) CIVIL APPEAL NO. 7592 OF 2012 (Arising out of SLP (C) No. 28333 of 2010) Docid 2012 LEJ Civil SC 901704

(5) KISHORE SAMRITE Vs. RESPONDENT(S): STATE OF U.P. AND OTHERS D.D 18/10/2012 SUPREME COURT OF INDIA

Frivolous Litigation – Public Interest - Courts must carefully examine petitions to ensure genuine public interest is involved and avoid pollution of justice by unscrupulous litigants - The appeal arises from the dismissal of a habeas corpus petition filed with frivolous allegations against Shri Rahul Gandhi and awarding costs for vexatious litigation [Paras 2-4, 10].Procedural Irregularities â€...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1406 OF 2012 Docid 2012 LEJ Civil SC 432240

(6) SATBIR @ LAKHA Vs. RESPONDENT(S): STATE OF HARYANA D.D 18/10/2012 SUPREME COURT OF INDIA

Conviction and Sentence – Common Intention - The conviction of the appellant under Sections 307, 323, and 324 read with Section 34 IPC was upheld based on the evidence showing the appellant's involvement in a group attack with a premeditated intention to cause severe harm to the complainant party [Paras 1-16].Aggressor Determination – Evidence Analysis - The trial court's detailed an...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1718 OF 2009 Docid 2012 LEJ Civil SC 461289

(7) SABEEHA FAIKAGE AND OTHERS Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS D.D 18/10/2012 SUPREME COURT OF INDIA

Right to Life – Obligation of States - The Union of India cannot be held liable for the inaction or negligence of a foreign state regarding incidents involving Indian seafarers on foreign-flagged vessels - The onus of conducting marine casualty investigations lies with the flag state or the coastal state within whose territorial waters the casualty has occurred [Paras 12-14].Procedural Complianc...

SUPREME COURT OF INDIA REPORTABLE # WRIT PETITION (CIVIL) NO. 505 OF 2006 (Under Article 32 of the Constitution of India) Docid 2012 LEJ Civil SC 447685

(8) DEVINDER @ KALA RAM AND OTHERS Vs. RESPONDENT(S): THE STATE OF HARYANA D.D 18/10/2012 SUPREME COURT OF INDIA

Dowry Death – Conviction Based on Presumption - For a conviction under Section 304B IPC, the prosecution must show that the woman’s death was caused by burns or injuries within seven years of marriage, and that soon before her death, she was subjected to cruelty or harassment related to dowry demands - The term "deemed" in Section 304B creates a presumption of guilt, which can be reb...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 636 OF 2009 Docid 2012 LEJ Crim SC 269256

(9) SHREE SHYAM AGENCY Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS D.D 18/10/2012 SUPREME COURT OF INDIA

Intervention in Claim Proceedings – Railway Claims Tribunal - The Railway Claims Tribunal is constituted to adjudicate claims against the railway administration, not to resolve inter se disputes between claimants and third parties - The appellant's request to intervene in the claim petition was rightly dismissed by the Tribunal and upheld by the High Court [Paras 9-19].Jurisdiction and Powe...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7589 OF 2012 (Arising out of SLP (Civil) No. 33740 of 2011) Docid 2012 LEJ Civil SC 810375