Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

(1) STATE OF MADHYA PRADESH & ORS. ..... Vs. M/S. RUCHI PRINTERS .....Respondent D.D 05/05/2016

Facts:The State Printing and Writing Articles Department of Madhya Pradesh placed an order for printing booklets with M/S. Ruchi Printers.The contract specified a time-bound basis for the supply of booklets.The order for printing booklets was placed on 16.1.2008.The booklets were to be supplied on a time-bound basis by 25.2.2008.Despite extensions, it was made clear that after 31.3.2008, no bookle...

REPORTABLE # CIVIL APPEAL NO. 4817 OF 2016 (ARISING OUT OF SLP (C) NO. 32730 OF 2013) Docid 2016 LEJ CIVIL SC 562395

(2) VIJAY LATKA AND ANR. ..... Vs. STATE OF HARYANA & ORS. .....Respondent D.D 05/05/2016

Facts: The appellants challenged a notification issued under Section 4 of the Land Acquisition Act, 1894, and subsequent actions, including a declaration and award. The High Court dismissed the writ petition on the grounds that the award had already been passed. During the proceedings, the appellants asserted that the land acquisition proceedings had lapsed under Section 24(2) of the 2013 Act as c...

REPORTABLE # CIVIL APPEAL NO. 4864 OF 2016 (ARISING OUT OF SLP (C)NO. 22578 OF 2008) Docid 2016 LEJ CIVIL SC 550685

(3) HEMANT MADHUSUDAN NERURKAR ..... Vs. STATE OF JHARKHAND AND ANOTHER .....Respondent D.D 04/05/2016

Facts: The appellants were accused of violations related to contract labor, including not providing overtime slips, not issuing leave books, and deficiencies in canteen facilities. The Court provided opportunities for rectification and considered the responsibilities of the contractor.Issues: The responsibility for violations, rectification of defects, and the imposition of penalties under Section...

REPORTABLE # CRIMINAL APPEAL NO. 442 OF 2016 (ARISING FROM SLP (CRIMINAL) NO. 6410 OF 2015) Docid 2016 LEJ CRIM SC 136944

(4) J. RAMESH KAMATH & ORS. ..... Vs. MOHANA KURUP & ORS. .....Respondent D.D 04/05/2016

Facts:Respondents 4 to 7 filed a complaint against respondents 1 to 3, alleging misappropriation of funds of the All Kerala Chemists and Druggists Association.Appellant No. 2 filed a similar complaint against respondents 1 to 3.The police filed a final report based on the complaint of respondents 4 to 7, charging respondents 1 to 3 with offenses under Sections 406, 408, 409, 477A, and 120B of the ...

REPORTABLE # CRIMINAL APPEAL NO. 445 OF 2016 (ARISING OUT OF SLP(CRL.) NO. 3821 OF 2010) Docid 2016 LEJ CRIM SC 816455

(5) STATE OF RAJASTHAN ..... Vs. MOHINUDDIN JAMAL ALVI AND ANR. .....Respondent Sections, Acts, Rules, and Article mentioned: Section 20A(1): Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA Act) Sections 3(2)(ii), 3(3), and 6(1): TADA Act Section 4A: Explosive Substances Act, 1908 Subject: Acquittal of accused persons due to non-compliance with the mandatory requirements of Section 20A(1) of the TADA Act regarding the prior approval of the District Superintendent of Police. Headnotes: Facts: Four accused persons prosecuted under various sections of the TADA Act and the Explosive Substances Act. Prior approval for recording information about the offense under TADA was taken from the Additional Director General of Police instead of the District Superintendent of Police. Acquittal of two accused (M. Jamal Alvi and Habib Ahmed) and conviction of two accused (Abre Rehmat Ansari @ Qari and Dr. Mohd. Jalees Ansari). Appeals filed by the State against acquittal and by the convicted persons challenging their conviction. Issues: Whether the approval from an authority higher than the District Superintendent of Police is valid under Section 20A(1) of the TADA Act? Held: The Supreme Court, relying on precedent, held that only the District Superintendent of Police is competent to give the required approval under Section 20A(1) of the TADA Act. Since the higher authority's approval was taken in this case, the trial was vitiated. The appeals filed by the convict persons were allowed, setting aside their conviction, while the appeals filed by the State were dismissed. Referred Cases: Anirudhsinhji Karansinhji Jadeja Vs. State of Gujarat, (1995) 5 SCC 302 Chandra Kishore Jha Vs. Mahavir Prasad, (1999) 8 SCC 266 Dhananjaya Reddy Vs. State of Karnataka, (2001) 4 SCC 9 Gujarat Urja Vikas Nigam Ltd. Vs. Essar Power Ltd., (2008) 4 SCC 755 Hussein Ghadially @ M.H.G.A.Shaikh Vs. State of Gujarat, (2014) 8 SCC 425 Joint Action Committee of Air Line Pilots' Association of India Vs. Director General of Civil Aviation, (2011) 5 SCC 435 Nazir Ahmed Vs. King Emperor, AIR 1936 PC 253 Rao Shiv Bahadur Singh Vs. State of Vindhya Pradesh, AIR 1954 SC 322 State of Uttar Pradesh Vs. Singhara Singh, AIR 1964 SC 358 Taylor Vs. Taylor, (1875) LR 1 ChD 426 JUDGMENT A.K. Sikri, J. - All these appeals arise out of a common judgment dated 24.04.2012 rendered by the Designated Court for Rajasthan at Ajmer in TADA Special Case Nos. 1, 2 and 3 of 1999. 2. Four accused persons were arrayed and prosecuted by the prosecution under Sections 3(2)(ii), 3(3) and 6(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987(hereinafter referred to as "TADA Act" and Section 4A of the Explosive Substances Act,1908. The TADA Court has acquitted two accused, namely, M. Jamal Alvi and Habib Ahmed. Against their acquittal, State of Rajasthan has filed appeals which are registered as Criminal Appeal Nos. 2464-66 of 2014. Other two accused, namely, Abre Rehmat Ansari @ Qari and Dr. Mohd. Jalees Ansari, have been convicted by the TADA Court and challenging that conviction, these persons have filed Criminal Appeal Nos. 464-466 of 2013. It is for this reason, we have heard all these appeals together which are being disposed of by this common judgment. 3. Mr. R.K. Dash, learned senior counsel, appearing for the convicted accused persons submitted at the outset that he would not be going into the merits of the case because of the reason that the prosecution has to fail due to non-compliance of the mandatory requirements of Section 20A of the TADA Act. For this reason, we are eschewing any discussion on the merits of the case. Section 20A deals with the cognizance of offense that has to be taken under TADA Act and reads as under :- "20-A Cognizance of offence. (1) Notwithstanding anything contained in the Code, no information about the commission of an offence under this Act shall be recorded by the police without the prior approval of the District Superintendent of Police. (2) No court shall take cognizance of any offence under this Act without the previous sanction of the Inspector-General of Police, or as the case may be, the Commissioner of Police." 4. As per the aforesaid D.D 04/05/2016

Facts:Four accused persons prosecuted under various sections of the TADA Act and the Explosive Substances Act.Prior approval for recording information about the offense under TADA was taken from the Additional Director General of Police instead of the District Superintendent of Police.Acquittal of two accused (M. Jamal Alvi and Habib Ahmed) and conviction of two accused (Abre Rehmat Ansari @ Qari ...

REPORTABLE # CRIMINAL APPEAL NO(S). 2464-2466 OF 2014 Docid 2016 LEJ CRIM SC 606200

(6) STATE OF WEST BENGAL AND OTHERS ..... Vs. CALCUTTA CLUB LIMITED .....Respondent D.D 04/05/2016

Facts: The case involves the State of West Bengal and others versus Calcutta Club Limited, with Civil Appeal No. 4184 of 2009. The central issue is the imposition of sales tax on the sale of food and drinks to permanent members of incorporated clubs.Issues: The primary legal issues revolve around the interpretation of the 'doctrine of mutuality' in the context of Article 366(29A) of the ...

REPORTABLE # . CIVIL APPEAL NO. 4184 OF 2009. Docid 2016 LEJ CIVIL SC 932718

(7) M/S. RAVI PRAKASH REFINERIES (P) LTD. ..... Vs. STATE OF KARNATAKA .....Respondent D.D 03/05/2016

Facts:The appellant, engaged in the production of refined edible oil, filed a Revised Annual Return for the assessment year ending March 31, 2003.Assessment involved the sale of Sunflower De-oiled Cake (SF DOC) and other goods in inter-State trade, using 'C' Forms.Initial assessment accepted 'C' Forms and granted a reduced tax rate based on a notification.Subsequent assessing o...

REPORTABLE # CIVIL APPEAL NO. 4760 OF 2016 (ARISING OUT OF S.L.P.(C) NO. 21015 OF 2012) Docid 2016 LEJ CIVIL SC 650437

(8) COMMISSIONER OF INCOME TAX, GUJARAT CENTRAL ..... Vs. SAURASTHRA CEMENT & CHEM. INDUSTRIES LTD. .....Respondent D.D 02/05/2016

Facts: The case involves an appeal by the Commissioner of Income Tax, Gujarat Central, challenging the High Court's dismissal of an appeal regarding the time-barred assessment order for the Assessment Year 1981-82. The dispute revolves around the forwarding of a draft assessment order to the Inspecting Assistant Commissioner (IAC) and the concurrent jurisdiction conferred on the IAC.Issues: W...

REPORTABLE # CIVIL APPEAL NOS. 2984 OF 2008 Docid 2016 LEJ CIVIL SC 116631

(9) MODERN DENTAL COLLEGE AND RESEARCH CENTRE & ORS. ..... Vs. STATE OF MADHYA PRADESH & ORS. .....Respondent D.D 02/05/2016

Facts: The case involves a challenge to the validity of certain provisions governing admissions and fee fixation in private medical colleges. The appellants contested the absolute right of private medical colleges to make admissions and fix fees.Issues: The legislative competence of the State to conduct common entrance tests, determine fees, and the overall validity of the impugned legislation. Ad...

REPORTABLE # CIVIL APPEAL NO. 4060 OF 2009 Docid 2016 LEJ CIVIL SC 877000