(1) ONGC LTD. .....Appellant Vs. MODERN CONSTRUCTION AND COMPANY .....Respondent D.D 07/10/2013

Civil Procedure – Return of Plaint – ONGC challenged the award of interest from the date of institution at Mehsana Court – Supreme Court held that when a plaint is returned under Order VII Rule 10 CPC, and refiled in a competent court, it is considered a fresh suit – Interest should accrue from the date of refiling, not from the original filing date [Paras 6-13].Limitation – Section 14 o...

REPORTABLE # CIVIL APPELLATE JURISDICTIONCIVIL APPEAL NOS. 8957-8958 OF 2013 Docid 2013 LEJ Civil SC 205554

(2) SURYA BAKSH SINGH .....Appellant Vs. STATE OF UTTAR PRADESH .....Respondent D.D 07/10/2013

Criminal Law – Abuse of Appeal Process – Supreme Court addressed the misuse of statutory appeal rights by convicts who, after obtaining bail, fail to surrender and evade justice – Emphasized that such appeals should be dismissed to prevent abuse of judicial process and ensure justice [Paras 1-2].Criminal Procedure – Inherent Powers of High Court – Court highlighted the importance of Sect...

REPORTABLE # CRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 1680 OF 2013 (Arising out of S.L.P. (Criminal) No. 9816 of 2009) Docid 2013 LEJ Crim SC 967398

(3) G.L. BATRA .....Appellant Vs. STATE OF HARYANA AND OTHERS .....Respondent D.D 07/10/2013

Constitutional Law – Remuneration of Constitutional Appointee – Appellant, Chairman of Haryana Public Service Commission, contested State Government's reduction of his remuneration – Government initially relaxed regulation and fixed remuneration, later withdrew benefit – Court held State's withdrawal of benefit discriminatory and violative of Article 14 – State cannot vary remu...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9015 OF 2013 (Arising out of Special Leave Petition (Civil) No. 4692 of 2010) Docid 2013 LEJ Civil SC 527666

(4) SOMNATH SARKAR .....Appellant Vs. UTPAL BASU MALLICK AND ANOTHER .....Respondent D.D 07/10/2013

Negotiable Instruments – Dishonour of Cheque – Appellant convicted for issuing a cheque that was dishonoured for insufficient funds – Magistrate sentenced six months imprisonment and compensation of Rs. 80,000 – High Court substituted imprisonment with additional compensation – Supreme Court clarifies total compensation payable should not exceed twice the cheque amount – Further paymen...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1651 OF 2013 (Arising out of S.L.P. (Criminal) No. 6191 of 2011) Docid 2013 LEJ Crim SC 274224

(5) KULJA INDUSTRIES LIMITED .....Appellant Vs. CHIEF GEN. MANAGER W.T. PROJ. BSNL AND OTHERS .....Respondent D.D 04/10/2013

Administrative Law – Blacklisting – Appellant permanently blacklisted by BSNL for alleged fraud in receiving excess payments – High Court upheld blacklisting without fair hearing – Supreme Court held blacklisting must be fair, reasonable, and proportionate – Permanent blacklisting considered too harsh – Remanded to BSNL to determine appropriate period of debarment based on guidelines [...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8944 OF 2013 (Arising out of S.L.P. (C) No. 20716 of 2011) Docid 2013 LEJ Civil SC 168958

(6) AJAHAR ALI .....Appellant Vs. STATE OF WEST BENGAL .....Respondent D.D 04/10/2013

Criminal Law – Assault on Woman – Appellant convicted for forcibly kissing a young girl – Sentenced to six months' simple imprisonment and fine – Concurrent findings by lower courts upheld – Supreme Court emphasizes protection of women's modesty – Request for leniency and applicability of Probation of Offenders Act rejected due to gravity of offence [Paras 1-12].Juvenile Just...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1623 OF 2013 (Arising out of SLP (Criminal) No. 2817 of 2013) Docid 2013 LEJ Crim SC 106444

(7) VISHNU (DEAD) BY L.RS. .....Appellant Vs. STATE OF MAHARASHTRA AND OTHERS .....Respondent D.D 04/10/2013

Arbitration Clause – Interpretation – Clause 30 of B-1 Agreement examined to determine if it constitutes an arbitration clause – Clause empowers Superintending Engineer to resolve disputes but does not explicitly state arbitration – Supreme Court held Clause 30 is not an arbitration clause as it involves administrative decision-making not adjudication of disputes – Distinguished from arb...

REPORTABLE # Case No. :CIVIL APPELLATE JURISDICTIONCIVIL APPEAL NOs. 3680 and 3681 OF 2005 Docid 2013 LEJ Civil SC 499788

(8) PANCHANAND MANDAL @ PACHAN MANDAL AND ANOTHER .....Appellant Vs. STATE OF JHARKHAND .....Respondent D.D 04/10/2013

Dowry Death – Elements of Offence – Appellants convicted under Section 304B IPC for causing death by burns of the deceased due to dowry harassment – Supreme Court emphasized the need to prove cruelty or harassment for or in connection with demand of dowry soon before death – Prosecution failed to establish this link, leading to acquittal [Paras 1-11, 14-15].Dying Declaration – Evidentiar...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2173 OF 2009 Docid 2013 LEJ Crim SC 645796

(9) BHARAT SANCHAR NIGAM LIMITED AND ANOTHER .....Appellant Vs. G. SARVOTHAMAN .....Respondent D.D 04/10/2013

Persons with Disabilities – Promotion and Reservation – Respondent sought promotion under the physically handicapped quota – BSNL rejected as no relaxation/reservation for physically handicapped persons in promotion as in SC/ST – Chief Commissioner ordered inclusion of TOA cadre in identified posts and consideration for promotion – Supreme Court held the Chief Commissioner exceeded power...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8947 OF 2013 (Arising out of S.L.P. (Civil) No. 24120 of 2007) Docid 2013 LEJ Civil SC 397864