Section 498A IPC | Asking Daughter-In-Law To Do Household Chores Like Washing Clothes & Utensils Does Not Amount To 'Cruelty': Bombay High Court Section 306 IPC | Instigation Can Be Inferred From Continued Harassment, Absence Of Suicide Note No Ground For Discharge: Madhya Pradesh High Court Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Gift Of Temple Inam Land Void Ab Initio, Incapable Of Government Sanction Or Valid Registration: Supreme Court Section 483 BNSS | Pursuing Parallel Remedies & Suppressing Rejection Of Interim Relief Amounts To Abuse Of Process; Uberrima Fides Essential For Bail: Supreme Court Suit For Possession Simpliciter Not Maintainable When Registered Sale Deed Casts Serious Cloud On Title; Declaration Or Cancellation Mandatory: Supreme Court Representation Of People Act | Private Complaint By Voter Maintainable For False Nomination Affidavit, Section 195 CrPC Bar Inapplicable: Supreme Court Gravity Of Allegations Cannot Eclipse Other Bail Considerations Or Justify Indefinite Pre-Trial Detention: Supreme Court Contract Act | Agreement To Sell Not Enforceable Contract Prior To Conveyance Deed; State Can Re-Auction For Price Maximisation: Supreme Court Failure To Consider Incident Video Footage & Section 161 CrPC Witness Statements Vitiates Grant Of Bail: Supreme Court Section 125 CrPC | Adverse Finding Of Adultery Cannot Be Recorded Against Specifically Named Co-Adulterer Without Giving Opportunity Of Hearing: Allahabad High Court Order 6 Rule 17 CPC | Amendment Of Pleadings To Correct Typographical Errors Should Be Allowed To Ensure True Facts Are Before Court: Andhra Pradesh High Court Major Penalty Of Removal From Service Cannot Be Imposed Without Departmental Inquiry: Bombay High Court Quashes Order Under General Insurance Rules Section 482 CrPC | High Court Cannot Quash FIR When Allegations Of Forgery And Fraud Raise Disputed Questions Of Fact: Delhi High Court Criminal Proceedings Cannot Be Quashed In Entirety Merely Because Section 498A IPC Is Not Sustainable Due To Invalid Marriage: Calcutta High Court Section 138 NI Act | Arraigning Company As Accused Imperative To Prosecute Managing Director Or Signatory: Himachal Pradesh High Court Section 14(6) DRC Act | 5-Year Bar On Eviction Inapplicable When Co-Owners Acquire Premises Inter Se Family Through Gift Deed: Delhi High Court Territorial Jurisdiction In Missing Person Cases | Court Can Direct CBI Probe If Journey Commenced Within Its Jurisdiction: Kerala High Court Future Prospects Must Be Added In Permanent Disability Cases Even If Functional Disability Is Assessed Liberally: Punjab & Haryana High Court Registration Act | Registering Authority Lacks Power To Refuse Registration On Grounds Of Unapproved Layout Or Lack Of Title: Telangana High Court

(1) KAPIL MUNI KARWARIYA .....Appellant Vs. RESPONDENT: CHANDRA NARAIN TRIPATHI .....Respondent D.D 15/02/2012 SUPREME COURT OF INDIA

Election Law – Nomination Paper – Validity – Respondent’s nomination paper was rejected by the Returning Officer due to the deletion of the name of one proposer from the electoral roll – Respondent challenged the election of the Appellant on the ground of improper rejection of his nomination – Appellant filed applications for dismissal of the Election Petition on grounds of non-complia...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2122 OF 2012 (Arising out of SLP (C) No. 16734 of 2011) Docid 2012 LEJ Civil SC 177574

(2) RAJVIR SINGH .....Appellant Vs. RESPONDENT: SECRETARY MINISTRY OF DEFENCE AND OTHERS .....Respondent D.D 15/02/2012 SUPREME COURT OF INDIA

Court Martial – Period of Limitation – Appellant faced trial for financial irregularities committed during 2005-2007 – General Court Martial initially convened in August 2010 – Appellant argued trial was barred by the three-year limitation period under Section 122 of the Army Act – Supreme Court held the trial was indeed barred by limitation as the competent authority had knowledge of th...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2107 OF 2012 (Arising out of SLP (Civil) No. 26892 of 2011) Docid 2012 LEJ Civil SC 999764

(3) KRUSHNAKANT B. PARMAR .....Appellant Vs. RESPONDENT: UNION OF INDIA (UOI) AND ANOTHER .....Respondent D.D 15/02/2012 SUPREME COURT OF INDIA

Disciplinary Proceedings – Unauthorized Absence – Willfulness – Appellant, a Security Assistant, faced departmental proceedings for unauthorized absence from duty between October 1995 and August 1996 – Inquiry Officer found him guilty of violating Rule 3(1)(ii) and Rule 3(1)(iii) of the Central Civil Services (Conduct) Rules, 1964 – Appellant contended he was prevented from attending dut...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2106 OF 2012 (Arising out of SLP (C) No. 15381 of 2006) Docid 2012 LEJ Civil SC 823424

(4) COMMISSIONER OF CENTRAL EXCISE, FARIDABAD .....Appellant Vs. RESPONDENT: FOOD AND HEALTHCARE SPECIALITIES AND ANOTHER .....Respondent D.D 13/02/2012 SUPREME COURT OF INDIA

Excise Duty – Assessable Value – Principal-Agent Relationship – Tribunal quashed the demand of additional excise duty and penalties imposed on the respondent by the Adjudicating Authority – Supreme Court held that the Tribunal must examine the relationship between the parties to determine if they are related persons – If the processor and the principal are related, the valuation must be ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6539-6540 OF 2010 Docid 2012 LEJ Civil SC 881099

(5) T.N. GODAVARMAN THIRUMULPAD .....Appellant Vs. RESPONDENT: UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 13/02/2012 SUPREME COURT OF INDIA

Wildlife Conservation – Protection of Endangered Species – Amicus Curiae sought directions for the Union of India and State of Chhattisgarh to prepare a rescue plan for the Asiatic Wild Buffalo, an endangered species, including measures to prevent interbreeding with domestic buffalo, ensure genetic purity, and relocate villagers from Udanti Sanctuary – State of Chhattisgarh reported insuffic...

SUPREME COURT OF INDIA REPORTABLE # I.A. Nos. 1433 and 1477 of 2005 in Writ Petition (C) No. 202 of 1995 Under Article 32 of the Constitution of India Docid 2012 LEJ Civil SC 855992

(6) T.N. GODAVARMAN THIRUMULPAD .....Appellant Vs. RESPONDENT: UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 13/02/2012 SUPREME COURT OF INDIA

Environmental Law – Protection of Endangered Species – Sandalwood – Court examined the need to declare sandalwood (Santalum album Linn) as a "specified plant" under Section 2(27) of the Wild Life (Protection) Act, 1972, and include it in Schedule VI – State of Andhra Pradesh requested the inclusion of Red Sanders (Pterocarpus santalinus) in Schedule VI due to its endangered statu...

SUPREME COURT OF INDIA REPORTABLE # I.A. Nos. 1287, 1570 to 1571, 1624 to 1625, 1978, 2395, and 2795 to 2796 in Writ Petition (C) No. 202 of 1995 Docid 2012 LEJ Civil SC 745264

(7) LOKESH SHIVAKUMAR .....Appellant Vs. RESPONDENT: STATE OF KARNATAKA .....Respondent D.D 10/02/2012 SUPREME COURT OF INDIA

Murder – Common Intention – Section 302 read with Section 34 IPC – Appellant convicted and sentenced to life imprisonment for the murder of Dharamaraj – Prosecution established the appellant's involvement through reliable ocular and medical evidence – Court dismissed relevance of motive given solid evidence – Ocular evidence corroborated by medical evidence – Common intention fo...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1326 OF 2005 Docid 2012 LEJ Crim SC 872844

(8) DIPAK SHUBHASHCHANDRA MEHTA .....Appellant Vs. RESPONDENT: C.B.I. AND ANOTHER .....Respondent D.D 10/02/2012 SUPREME COURT OF INDIA

Bail – Delay in Trial – Article 21 – Appellant charged with economic offences involving large sums – Despite completion of investigation and filing of charge sheet by CBI, charges have not been framed, leading to prolonged custody – Supreme Court emphasized that undue delay in trial violates Article 21 – Appellant’s continued detention deemed unnecessary for further investigation –...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 348 OF 2012 (Arising out of S.L.P. (Criminal) No. 8995 of 2011) Docid 2012 LEJ Crim SC 697111

(9) UNION OF INDIA (UOI) / U.P. POWER CORPORATION LTD. .....Appellant Vs. RESPONDENT: CHAIRMAN U.P. STATE ELECTRICITY BOARD AND OTHERS / RAILWAY BOARD AND OTHERS .....Respondent D.D 09/02/2012 SUPREME COURT OF INDIA

Electricity Law – Transmission Lines – Authority of Railways – Railways constructed transmission lines from NTPC plants to their sub-station, leading to a dispute with UPSEB – Supreme Court upheld Railways' authority under Sections 11(a) and 11(g) of the Railways Act, 1989, which empowers them to construct and maintain necessary electric supply lines for their operations – Section 2...

SUPREME COURT OF INDIA REPORTABLE # Transferred Case Nos. 37 and 38 of 2001 (Under Article 139 of the Constitution of India) Docid 2012 LEJ Civil SC 789210