Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court Punjab & Haryana High Court Upholds Collector’s Appointment of Ex-Serviceman as Lambardar: Preference for Service to the State Valid Tax to Be Computed at 100% Under DTVSV Act, Rejects Inclusion of Belated Grounds in Disputed Tax: Bombay High Court Petitioner’s Father Did Not Fall Within Definition of Enemy – Kerala High Court Quashes Land Classification Under Enemy Property Act Calcutta High Court Upholds Cancellation of LPG Distributor LOI for Violating Guidelines Recording 'Reasons to Believe' is a Mandatory Safeguard, Not a Mere Formality Under PMLA: P&H High Court Illegality Is Incurable, Unauthorized Constructions Cannot Be Regularized: Bombay High Court Kerala High Court Quashes Tribunal’s Order Granting Retrospective UGC Benefits to Librarians Without Required Qualifications

(1) SHANTILAL GULABCHAND MUTHA .....Appellant Vs. TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD. AND ANOTHER .....Respondent D.D 18/03/2013

Civil Procedure – Decree under Order VIII Rule 10 CPC – Appellant failed to file written statement under impression that entire amount had been paid – Trial court decreed suit without examining issues or considering whether facts needed proof – Supreme Court held such decrees must reflect reasoning and ensure satisfaction that no fact needs proof despite deemed admission by Defendant [Para...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6162 OF 2005 Docid 2013 LEJ Civil SC 973893

(2) STATE OF UTTARAKHAND .....Appellant Vs. YOGENDRA NATH ARORA .....Respondent D.D 18/03/2013

Prevention of Corruption – Sanction for Prosecution – Respondent, a Deputy General Manager on deputation, was prosecuted under the Prevention of Corruption Act without sanction from the State Government of Uttar Pradesh – High Court quashed prosecution for lack of valid sanction – Supreme Court upheld High Court's decision, clarifying that removal from office means termination from se...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 459 OF 2013 (Arising out of Special Leave Petition (Criminal) No. 1593 of 2007) Docid 2013 LEJ Crim SC 371029

(3) NIRMALA J. JHALA .....Appellant Vs. STATE OF GUJARAT AND ANOTHER .....Respondents D.D 18/03/2013

Judicial Officer – Compulsory Retirement – Appellant, a judicial officer, was compulsorily retired following allegations of demanding illegal gratification – Enquiry Officer found Appellant guilty based on statements recorded in preliminary inquiry – High Court dismissed Appellant's challenge – Supreme Court held reliance on preliminary inquiry statements without opportunity for cro...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2668 OF 2005 Docid 2013 LEJ Civil SC 521822

(4) INDRAJIT SURESHPRASAD BIND AND OTHERS .....Appellants Vs. STATE OF GUJARAT .....Respondent D.D 18/03/2013

Dowry Death and Cruelty – Evidence – Appellants convicted under Sections 304B, 498A, and 306 IPC based primarily on a letter (Ext. 49) allegedly written by the deceased – Supreme Court found grave doubts regarding the authenticity of the letter – Defence evidence suggested the deceased was not at Ahmedabad when the letter was purportedly written – No other substantial evidence of cruelty...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 613 OF 2007 Docid 2013 LEJ Crim SC 733910

(5) JITENDRA RAGHUVANSHI AND OTHERS .....Appellants Vs. BABITA RAGHUVANSHI AND ANOTHER .....Respondents D.D 15/03/2013

Matrimonial Disputes – Quashing of Criminal Proceedings – Appellants sought quashing of criminal proceedings under Sections 498A and 406 IPC and Dowry Prohibition Act following mutual settlement – Trial Court and High Court dismissed the petition citing non-compoundable nature of offences – Supreme Court held High Courts have inherent power under Section 482 CrPC to quash proceedings in ma...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 447 OF 2013 (Arising out of S.L.P. (Criminal) No. 6462 of 2012) Docid 2013 LEJ Crim SC 678192

(6) THE UNION OF INDIA (UOI) AND OTHERS .....Appellants Vs. ANIL KUMAR SARKAR .....Respondent D.D 15/03/2013

Promotion Denial – Sealed Cover Procedure – Respondent's promotion to Group 'A' (Junior Scale) of IRAS was withheld due to pending departmental and criminal proceedings – Supreme Court held that none of the conditions for applying the sealed cover procedure were met as of the relevant date, 21.04.2003 – High Court's decision to direct promotion upheld [Paras 8-12].Offic...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2537 OF 2013 (Arising out of S.L.P. (C) No. 1933 of 2011) Docid 2013 LEJ Civil SC 104501

(7) NAGENDRAPPA NATIKAR .....Appellant Vs. NEELAMMA .....Respondent D.D 15/03/2013

Maintenance – Compromise in Section 125 CrPC Proceedings – Appellant and respondent entered into a compromise under Order XXIII Rule 3 CPC agreeing on a consolidated amount for permanent alimony – Respondent later filed for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act – Supreme Court held that a compromise in a Section 125 CrPC proceeding does not preclude filing...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NO. 11800 OF 2013 (Arising out of C.C. No. 1297 of 2012) Docid 2013 LEJ Civil SC 427581

(8) RAJESH PATEL .....Appellant Vs. STATE OF JHARKHAND .....Respondent D.D 15/03/2013

Rape Conviction – Reliability of Sole Testimony – Appellant convicted under Section 376 IPC based on sole testimony of the prosecutrix – Supreme Court found the testimony improbable and unnatural, unsupported by corroborating evidence – Non-examination of the doctor and investigating officer prejudiced the defense [Paras 8-12].Delay in FIR – Impact on Credibility – FIR lodged after 11 ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1149 OF 2008 Docid 2013 LEJ Crim SC 418610

(9) NIRANJAN HEMCHANDRA SASHITTAL AND ANOTHER .....Appellants Vs. STATE OF MAHARASHTRA .....Respondent D.D 15/03/2013

Speedy Trial – Prolonged Delay – Appellants filed a writ petition under Article 32 claiming violation of the right to a speedy trial due to the protracted delay in concluding the trial – Supreme Court analyzed the delay, attributing significant periods to the appellants' own actions, including filing numerous applications and seeking adjournments [Paras 6-9, 19].Balance of Consideration...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 50 OF 2012 (Under Article 32 of the Constitution of India) Docid 2013 LEJ Crim SC 629562