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) JAGAN SINGH (DEAD) THROUGH L.RS. … Vs. DHANWANTI AND ANOTHER …RESPONDENT D.D 19/01/2012 SUPREME COURT OF INDIA

Property Law – Bhumidhar's Rights – Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – The appellant challenged the dismissal of his suit seeking to restrict the respondent's right to transfer land inherited under a will – Supreme Court held that under Section 169(1) of the Act, a bhumidhar can validly bequeath property with restrictions, and Section 14(2) of the Hind...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 2467 OF 2005 Docid 2012 LEJ Civil SC 978826

(2) ASSAM URBAN WATER SUPPLY AND SEW. BOARD … Vs. SUBASH PROJECTS AND MARKETING LTD. …RESPONDENT D.D 19/01/2012 SUPREME COURT OF INDIA

Arbitration – Setting Aside Award – Limitation Period – Arbitration and Conciliation Act, 1996 – The appeal challenges the dismissal of applications to set aside arbitral awards on grounds of limitation – Supreme Court held that the three-month period prescribed under Section 34(3) is the ‘prescribed period’ and the additional 30 days allowed by the proviso is not – Section 4 of th...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 2014 OF 2006 Docid 2012 LEJ Civil SC 897328

(3) SUDEVANAND … Vs. STATE …RESPONDENT D.D 19/01/2012 SUPREME COURT OF INDIA

Criminal Law – Approver’s Testimony – Retracted Statements – Evidence Act, 1872 – The appellant challenged his conviction based on the testimony of an approver who later retracted his statement – Supreme Court held that the approver’s retraction must be examined, allowing for further cross-examination under Section 311 CrPC and Section 145 Evidence Act to ensure justice [Paras 6-12, ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 174 OF 2012 (ARISING OUT OF SLP (CRIMINAL) NO. 6489 OF 2006) Docid 2012 LEJ Crim SC 297219

(4) RAMDAS BANSAL (DECEASED) THROUGH L.RS. … Vs. KHARAG SINGH BAID AND OTHERS …RESPONDENTS D.D 19/01/2012 SUPREME COURT OF INDIA

Thika Tenancy – Definition and Applicability – Calcutta Thika Tenancy Act, 1949; Calcutta Thika and Other Tenancies and Lands (Acquisition and Regulation) Act, 1981 – Appellant claimed tenancy rights under Thika Tenancy Acts – Supreme Court upheld lower court's finding that the appellant did not qualify as a Thika Tenant under the relevant statutes as the structures were constructed b...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 684 OF 2012 (ARISING OUT OF S.L.P. (C) NO. 25484 OF 2007) Docid 2012 LEJ Civil SC 674758

(5) ONKAR AND ANOTHER … Vs. STATE OF U.P. …RESPONDENT D.D 18/01/2012 SUPREME COURT OF INDIA

Unlawful Assembly – Common Object – Sections 149, 302, 307 IPC – Appellants convicted under Sections 302/149, 307/149, and 452 IPC – Supreme Court upheld the conviction, emphasizing that the common object of the unlawful assembly was to commit murder and cause grievous injuries – Presence and participation of the appellants in the unlawful assembly established beyond doubt [Paras 10-13]....

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 1840 OF 2008 Docid 2012 LEJ Crim SC 906993

(6) BURDWAN CENTRAL COOPERATIVE BANK LTD. AND ANOTHER … Vs. ASIM CHATTERJEE AND OTHERS …RESPONDENTS D.D 18/01/2012 SUPREME COURT OF INDIA

Disciplinary Action – Previous Employment – Article 311(2) Constitution of India – The appeal concerns the authority of the Burdwan Central Cooperative Bank to initiate disciplinary proceedings against an employee for misconduct committed during previous employment with an affiliated society – Supreme Court held that the Bank had the authority to proceed against the employee due to the aff...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 657 OF 2012 (ARISING OUT OF SLP (C) NO. 21192 OF 2007) Docid 2012 LEJ Civil SC 219352

(7) RAMESHBHAI DABHAI NAIKA … Vs. STATE OF GUJARAT AND OTHERS …RESPONDENTS D.D 18/01/2012 SUPREME COURT OF INDIA

Caste Determination – Inter-caste Marriage – Constitution of India, 1950 – The appellant's tribal certificate was cancelled on the grounds that his father was a non-tribal – Supreme Court held that caste determination in inter-caste marriages must consider upbringing and acceptance in the community – High Court erred by relying solely on the father's caste without considering e...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 654 OF 2012 (ARISING OUT OF S.L.P. (CIVIL) NO. 4282 OF 2010) Docid 2012 LEJ Civil SC 100634

(8) REGIONAL PROVIDENT FUND COMMISSIONER … Vs. THE HOOGHLY MILLS COMPANY LTD. AND OTHERS …RESPONDENTS D.D 18/01/2012 SUPREME COURT OF INDIA

Provident Fund – Exempted Establishments – Section 14B – Employees' Provident Funds and Miscellaneous Provisions Act, 1952 – The issue concerns whether an exempted establishment can be subjected to the provisions of Section 14B, which allows for recovery of damages for default in provident fund contributions – Supreme Court held that Section 14B applies to exempted establishments an...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 655 OF 2012 (ARISING OUT OF S.L.P. (C) NO. 17298 OF 2009) Docid 2012 LEJ Civil SC 520453

(9) VASANTI DUBEY … Vs. STATE OF MADHYA PRADESH …RESPONDENT D.D 17/01/2012 SUPREME COURT OF INDIA

Power to Direct Charge-Sheet – CrPC Sections 173, 190 – Magistrate's Role – Question arose whether a Magistrate can direct the police to file a charge-sheet after rejecting a closure report – Supreme Court held that a Magistrate/Special Judge can take cognizance under Section 190(1)(c) or direct further investigation under Section 156(3) but cannot direct the police to submit a charge...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 166 OF 2012 (ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO. 1548 OF 2011) Docid 2012 LEJ Crim SC 898364