— Ss. and : Principles summarised re scope of interference by Court under S. 34. Supervisory, and not appellate, nature of jurisdiction under S. 34, re-emphasised strongly, [S.V. Samudram v. State of Karnataka, ]
— Arts. , and : Law clarified on award of compensation/restitution for injurious consequences arising from arbitrary and illegal administrative action, [Manoj Kumar v. Union of India, ]
Courts, Tribunals and Judiciary — Judicial Process — Judicial discipline, accountability and comity: In this case of an act of gross impropriety on part of Single Judge, impugned judgment set aside and cases remitted to High Court for decision afresh, [CBI v. Naresh Prasad Agarwal, ]
— S. — Appeal against acquittal: Principles summarised re permissibility of interference with order of acquittal, [Mallappa v. State of Karnataka, ]
— S. r/w Ss. , and — Bail — Entitlement to and invocation of S. 437: Law clarified on determination of entitlement to bail and invocation of S. 437, when in absence of any summoning order by the court, summons issued to the accused and he voluntarily surrendered before the court, [Souvik Bhattacharya v. Enforcement Directorate, ]
— Ss. and : Quashing of FIR, when warranted, explained. Caution to be exercised by police in cases pertaining to unethical transactions between private parties which appear to be prima facie contentious in light of previous inquiries or investigations, emphasized, [Deepak Kumar Shrivas v. State of Chhattisgarh, ]
Election — Conduct of Election — Returning Officer — Misconduct/Impropriety — Chandigarh Mayor election: Proper security arrangement for safe transit of judicial officer and for proper preservation and custody of ballot papers directed to be ensured, [Kuldeep Kumar v. State (UT of Chandigarh), ]
Election — Conduct of Election — Returning Officer — Misconduct/Impropriety — Chandigarh Mayor election: Entire record pertaining to election process directed to be sequestered under custody of Registrar General of High Court. Returning Officer directed to remain present on next date of listing to explain his conduct as appearing in the video, [Kuldeep Kumar v. State (UT of Chandigarh), ]
Election — Democracy and General Principles — Free and Fair Elections/Impartial Conduct of Elections: Free and fair elections, reiterated, are part of the basic structure of the Constitution. Ensuring free and fair electoral process, therefore, imperative to maintain legitimacy and trust in representative democracy, [Kuldeep Kumar v. State (UT of Chandigarh), ]
— Ss. and — Burden of proof — Suit for declaration of title and injunction — Multiple pieces of evidence: If such pieces of evidence are strung together court could arrive at a conclusion, burden of proof could be said to have been discharged, [State of Goa v. Maria Julieta D’Souza, ]
— Ss. and and Ss. , , , , , , , , and — Offences of food adulteration/sale of noxious food: Relative scope of IPC and CrPC provisions vis-à-vis FSSA provisions, extensively explained. Law clarified on overriding effect of FSSA w.e.f. 29-7-2010 over any other law, including IPC and CrPC, [Ram Nath v. State of U.P., ]
— S. : Enhancement of maintenance to wife and children pending disposal of divorce proceedings, whether warranted and factors to be considered for the same, explained, [X v. Y, ]
— S. r/w Ss. and — Abetment of suicide: Mere harassment, cannot be sufficient to hold an accused guilty of abetting the commission of suicide, without all the ingredients of S. 306 being proved by the prosecution, [Naresh Kumar v. State of Haryana, ]
— Ss. and r/w S. — Circumstantial evidence — Recovery evidence: Matters to be considered to determine reliability of recovery evidence and requirements of S. 27 of the Evidence Act, summarized, [Raja Naykar v. State of Chhattisgarh, ]
— Ss. and — Quashing of FIR: In this case, there was allegation as to rape on false promise to marry prosecutrix, already married and having a daughter aged 15 yrs. Due to discrepancies in stand taken by prosecutrix in FIR and statement she got recorded under S. , along with absence of promise to marry initially when the relations between the parties started, as factors, prayer for quashing FIR allowed, [XXXX v. State of M.P., ]
— S. r/w S. — Sentence: Reduction to period already undergone, when it is more than the minimum prescribed sentence at the time of conviction, [Rajasekar v. State of T.N., ]
(1 of 1913) — Ss. , , and r/w S. 2(3) of the 1900 Act — Suit for possession by pre-emption — Preferential right of tenant to purchase property by way of pre-emption: Right of pre-emption, held, was taken away by notification only with reference to sale of “land” and not “immovable property”. Decree of suit in favour of respondent-plaintiff, thus, held, not illegal, [Jagmohan v. Badri Nath, ]
— S. r/w Rr. 8 and 9 of the 2002 Rules: For sale or transfer of secured asset, requirement of service of 30 days clear individual mandatory notice to borrower, whether stood complied with and effect of non-maintenance of proper records of service of notice, determined, [Bombay Mercantile Coop. Bank Ltd. v. U.P. Gun House, ]
Service Law — Police — Performance Review/ACRs/APARs: “Reporting authority” to initiate ACRs/APARs of IPS officers working as SPs in State of Assam, clarified, [State of Assam v. Binod Kumar, ]
— S. — Suit for specific performance — Entitlement to relief — Conduct of plaintiff: As plaintiffs made false statements in plaint, which were very material, they were not entitled to discretionary relief of specific performance, [Darshan Singh v. Brij Bhushan Chaudhary, ]
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