Courts Cannot Interfere With Expert Committee’s Discretion By Mandating Averaging Of Performance Marks: Supreme Court Performance Assessment Rules Requiring 'Consideration' Of Reports Don't Mandate Averaging Of Scores; Courts Can't Add Words To Rules: Supreme Court Complainant In Section 138 NI Act Case Can File Appeal Against Acquittal Before Sessions Court As 'Victim' Under Proviso To Section 372 CrPC: Andhra Pradesh High Court Government Doctor Can't Claim Compensation For 'Loss Of Salary' If Paid During Leave; Private Practice Not Presumed Without Proof: Bombay High Court Dealership Termination Cannot Be Sustained Merely On Suspicion Of Tampering Without Cogent Proof: Allahabad High Court Production Of Marriage Certificate Sufficient Proof Of Prior Marriage In Bigamy Case: Calcutta High Court Convicts Man After 30 Years Kidnapping Not Established If Minor With Sufficient Understanding Voluntarily Accompanies Accused Without Inducement: Delhi High Court Elected Representative Who Willfully Ignores Repeated Notices Cannot Later Claim Violation Of Natural Justice: Orissa High Court Recording Conversations Without Consent Violates Right To Privacy Under Article 21, Inadmissible In Evidence: Telangana High Court 7-Day FIR Delay Not Fatal In Accident Claims, Family Priority Is Saving Life Not Rushing To Police: Punjab & Haryana High Court Electricity Board Liable For Electrocution Even If Third Party Stole Power; 750m Illegal Line Suggests Lack Of Monitoring: Madhya Pradesh High Court Statement Of Account Alone Insufficient To Fasten Liability In Recovery Suits Without Proof Of Delivery: Madras High Court Solitary Testimony Of Victim Sufficient To Convict Accused For Rape If Found Trustworthy & Of Sterling Quality: Jharkhand High Court Defamation Complaint Regarding Public Official Not Legally Defective For Failing To Name Specific Persons Whose Estimation Lowered: Kerala High Court Abuse Not Based On Caste Identity Doesn't Attract Atrocities Act; Gujarat High Court Refuses To Overturn 12-Year-Old Acquittal

(1) OM PRAKASH AGARWAL SINCE DECEASED THR LRS AND ORS ..... Vs. VISHAN DAYAL RAJPOOT AND ANR .....Respondent D.D 12/10/2018

Facts: The case involved a suit seeking eviction, rent, and damages initially filed before the Small Causes Court. It was later transferred to the Additional District Judge due to the property's value exceeding the Small Causes Court's pecuniary jurisdiction. Subsequently, the pecuniary jurisdiction of the Small Causes Court was raised. Defendants did not object to the jurisdiction of th...

REPORTABLE # CIVIL APPEAL NO. 9051 OF 2018, 9052 OF 2018 Docid 2018 LEJ Civil SC 684187

(2) KAMAL NATH ..... Vs. ELECTION COMMISSION OF INDIA AND OTHERS .....Respondent D.D 12/10/2018

Facts:The petitioner, President of the Madhya Pradesh Congress Committee, sought reliefs related to VVPAT verification and the format of draft electoral rolls.Allegations were made regarding discrepancies in voter lists, including duplicate or fake entries.The petitioner demanded draft electoral rolls in searchable text format to facilitate scrutiny for errors.Issues:Whether the Election Commissio...

REPORTABLE # WRIT PETITION (CIVIL) NO. 935 OF 2018, 1000 OF 2018 Docid 2018 LEJ Civil SC 351691

(3) INCOME TAX OFFICER; COMMISSIONER OF INCOME TAX (EXEMPTIONS) ..... Vs. URBAN IMPROVEMENT TRUST KOTA .....Respondent D.D 12/10/2018

Facts:The case revolves around the classification of the Urban Improvement Trust (the assessee) under the Income Tax Act, 1961.The Urban Improvement Trust was constituted under the Rajasthan Improvement Act, 1959, to undertake development activities in urban areas.Issues:Whether the Urban Improvement Trust qualifies as a "local authority" under clause (iii) of Explanation to Section 10(2...

REPORTABLE # CIVIL APPEAL NO. 10577 OF 2018, 10578 OF 2018, 10579 OF 2018, 10580 OF 2018, 10581 OF 2018, 10584 OF 2018, 10582 OF 2018, 10586 OF 2018, 10585 OF 2018, 10583 OF 2018 INCOME TAX OFFICER; COMMISSIONER OF INCOME TAX (EXEMPTIONS) ..... Docid 2018 LEJ Civil SC 690490

(4) VEDANTA LTD ..... Vs. SHENZEN SHANDONG NUCLEAR POWER CONSTRUCTION CO LTD .....Respondent D.D 11/10/2018

Facts:Contracts were entered into between Vedanta Ltd (Appellant) and Shenzhen Shandong Nuclear Power Construction Co Ltd (Respondent) for the construction of a power plant.Disputes arose, leading to the termination of contracts by the Respondent.The disputes were referred to arbitration, and the arbitral tribunal awarded various amounts to the parties.Vedanta Ltd filed objections under Section 34...

REPORTABLE # CIVIL APPEAL NO. 10394 OF 2018 Docid 2018 LEJ Civil SC 434961

(5) UPPALA BIXAM @ BIXMAIAH ..... Vs. STATE OF ANDHRA PRADESH .....Respondent D.D 11/10/2018

Facts: The appellant, Uppala Bixam @ Bixmaiah, was convicted under Sections 302 and 201 of the IPC and sentenced to life imprisonment. The case rested on circumstantial evidence, including the recovery of the deceased's body and the sale of sheep allegedly belonging to the deceased by the appellant.Issues: Whether the circumstantial evidence presented by the prosecution was sufficient to esta...

REPORTABLE # CRIMINAL APPEAL NO. 1548 OF 2010 Docid 2018 LEJ Crim SC 633854

(6) B K EDUCATIONAL SERVICES PRIVATE LIMITED ..... Vs. PARAG GUPTA AND ASSOCIATES .....Respondent D.D 11/10/2018

Facts: The case involves the interpretation of Section 238A of the Insolvency and Bankruptcy Code, 2016, which was inserted by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018. The dispute centers on whether this section is retrospective in nature. Additionally, the case delves into the application of the Limitation Act, 1963 to applications filed under Sections 7 and 9 of the Insol...

REPORTABLE # CIVIL APPEAL NO. 23988 OF 2017 Docid 2018 LEJ Civil SC 167189

(7) PRADEEP BISOI @ RANJIT BISOI ..... Vs. STATE OF ODISHA .....Respondent D.D 10/10/2018

Facts:The case involves an appeal by Pradeep Bisoi against his conviction under Section 304 Part II of the Indian Penal Code.The incident pertains to an attack on the brother of PW-1, the informant, by the appellant-accused, resulting in the victim's death later in the hospital.The appellant contended that the statement of the injured-deceased, recorded under Section 161 of the Code of Crimin...

REPORTABLE # CRIMINAL APPEAL NO. 1192 OF 2018 Docid 2018 LEJ Crim SC 689179

(8) MOHD SAHID AND OTHERS ..... Vs. RAZIYA KHANAM (D) THR LRS AND ANOTHER D.D 10/10/2018

Facts:Respondent No.1 filed a Civil Suit against the appellants for cancellation of sale deeds and relief of permanent injunction.The suit was decreed against the appellants, who subsequently filed an appeal.The appeal was allowed by the First Appellate Court, remanding the matter back to the trial court.Respondent No.1 filed a Writ Petition against the appellate court's order, which was dism...

REPORTABLE # CIVIL APPEAL NO. 10379 OF 2018 Docid 2018 LEJ Civil SC 480393

(9) BILAL HAJAR @ ABDUL HAMEED ..... Vs. STATE REP BY INSPECTOR OF POLICE .....Respondent D.D 10/10/2018

Facts: The case involved the appellant and eight other accused who were tried for various offenses including criminal conspiracy, murder, and other sections of the IPC. The incident arose from threats made through posters found in Coimbatore, leading to the murder of an individual named Siva.Issues: Whether the appellant was rightly convicted for the offense of criminal conspiracy under Section 12...

REPORTABLE # CRIMINAL APPEAL NO. 1305 OF 2008 Docid 2018 LEJ Crim SC 694826