(1) BHUSHAN POWER AND STEEL LTD. AND OTHERS .....Appellant Vs. RESPONDENT(S): STATE OF ORISSA AND ANOTHER .....Respondent D.D 14/03/2012 SUPREME COURT OF INDIA

Contracts – Memorandum of Understanding – Appellant and State Government entered into MOU on May 15, 2002, for setting up a steel plant – State Government's later demand for a fresh MOU deemed arbitrary – Original MOU acted upon by both parties – High Court's ruling requiring fresh MOU set aside [Paras 1-24, 30-34].Administrative Law – Legitimate Expectation – State Governm...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2790 OF 2012 (Arising out of SLP (C) No. 8567 of 2008) Docid 2012 LEJ Civil SC 260396

(2) ASHOK SADARANGANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 14/03/2012 SUPREME COURT OF INDIA

Criminal Law – Compounding of Offences – Petitioners sought quashing of criminal proceedings on basis of a compromise reached with complainant banks – Supreme Court held that non-compoundable offences could not be quashed merely due to settlement – Emphasis on the criminal intent of petitioners rather than the civil aspect of dues – Writ petition dismissed [Paras 1-22].Inherent Powers â€...

SUPREME COURT OF INDIA REPORTABLE # WRIT PETITION (CRIMINAL) NO. 26 OF 2011 (Under Article 32 of the Constitution of India) Docid 2012 LEJ Crim SC 702579

(3) JAI PRAKASH SINGH .....Appellant Vs. RESPONDENT(S): STATE OF BIHAR AND ANOTHER ETC. .....Respondent D.D 14/03/2012 SUPREME COURT OF INDIA

Criminal Law – FIR and Delay – The promptness in lodging the FIR provides assurance of the informant's version – Delay can introduce colored versions and concocted stories – FIR lodged promptly within two hours in this case considered reliable [Paras 11-12].Bail – Anticipatory Bail – Distinction between regular bail (Section 439) and anticipatory bail (Section 438) – Anticipator...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NOS. 525-526 OF 2012 (Arising out of SLP (Criminal) NOS. 304-305 OF 2012) Docid 2012 LEJ Crim SC 963356

(4) RASHMI AJAY KR. KESHARWANI AND ANOTHER .....Appellant Vs. RESPONDENT(S): AJAY KR. KESHARWANI AND OTHERS .....Respondent D.D 12/03/2012 SUPREME COURT OF INDIA

Habeas Corpus – Custody Disputes – Writ petition by husband for custody of minor son – Habeas corpus writ should not be issued in such matters – Supreme Court held that non-bailable warrant against wife was uncalled for and illegal – High Court's order quashed [Paras 1-16].Judicial Discretion – Exercise of Habeas Corpus – Court emphasized that habeas corpus should not be issued ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 518 OF 2012 (Arising out of SLP (Criminal) No. 9113 of 2011) Docid 2012 LEJ Crim SC 811017

(5) H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER .....Appellant Vs. RESPONDENT(S): RANJIT SINGH RANA .....Respondent D.D 12/03/2012 SUPREME COURT OF INDIA

Arbitration – Post-Award Interest – Arbitrator did not exercise discretion on post-award interest – High Court awarded 18% p.a. interest from the date of award until the date of actual payment – Supreme Court held that deposit of the award amount in the High Court constitutes payment, ceasing liability for post-award interest from that date – High Court's order modified accordingly ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 2751 OF 2012 (Arising out of S.L.P. (C) No. 26581 of 2009) Docid 2012 LEJ Civil SC 272405

(6) VISMAY DIGAMBAR THAKARE .....Appellant Vs. RESPONDENT(S): RAMCHANDRA SAMAJ SEWA SAMITI AND OTHERS .....Respondent D.D 02/03/2012 SUPREME COURT OF INDIA

Employment Law – Back Wages – Appellant awarded back wages by School Tribunal – High Court set aside the award – Supreme Court considered precedents on back wages entitlement even without specific assertion of non-employment – Settlement reached between parties for payment of Rupees one lakh towards back wages in full and final settlement [Paras 1-7].Judicial Precedents – Application â...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 2708 OF 2012 (Arising out of S.L.P. (C) No. 21197 of 2010) Docid 2012 LEJ Civil SC 370174

(7) VINAYAK KASHINATH SHILKAR Vs. RESPONDENT: DY. COLLECTOR AND COMPETENT AUTHORITY AND OTHERS D.D 29/02/2012 SUPREME COURT OF INDIA

Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3 – The possession of vacant land not taken over by the State Government or Competent Authority prior to the Repeal Act’s adoption would result in abatement of proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 – Mere vesting of vacant land without actual possession does not fulfill the requirements for the a...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2615 OF 2012 (Arising out of S.L.P. (C) No. 14223 of 2009) Docid 2012 LEJ Civil SC 762085

(8) KISHOR KUMAR AND OTHERS Vs. RESPONDENT: PRADEEP SHUKLA AND OTHERS D.D 29/02/2012 SUPREME COURT OF INDIA

Employment Law – Pharmacists' Appointment – The court dealt with the interpretation of Rule 15(2) of the Uttar Pradesh Pharmacists Service Rules, 1980 – The Rule required appointments to be made batch-wise from each year of diploma holders – Several writ petitions challenged the advertisement dated 12.11.2007 for 766 vacancies for not adhering to this interpretation – High Court’s...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS. 22590, 27086 OF 2011 AND 4130 OF 2012 Docid 2012 LEJ Civil SC 335566

(9) RAJENDRA PRALHADRAO WASNIK Vs. RESPONDENT: THE STATE OF MAHARASHTRA D.D 29/02/2012 SUPREME COURT OF INDIA

Criminal Law – Conviction and Death Sentence – The appellant was convicted for the rape and murder of a three-year-old girl – The trial court sentenced him to death, which was upheld by the High Court – Supreme Court reviewed the evidence and circumstances, confirming the conviction and death sentence – Emphasized the heinous nature of the crime and the brutality involved. [Paras 1-19]Ci...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 145-146 OF 2011 Docid 2012 LEJ Crim SC 829899