51. Compensation in motor vehicle accident case – Delayed FIR -- All the available evidences points out towards a skid and fall and not a motor accident -- Delayed FIR also, require a relevance -- Even the police in the FIR also came to the conclusion that there was no motor accident and had filed a closure report – Award set aside. (SC) Decided on: 12.12.2024

52. Detention order -- Pubic disorder -- Every breach of peace does not lead to public disorder -- When a person can be dealt with in exercise of powers to maintain the law and order, unless the acts of the proposed detainee are the ones which have the tendency of disturbing the public order a resort to preventive detention which is a harsh measure would not be permissible -- Six cases are registered for selling illicit liquor, the Excise Authority did not find it necessary to arrest the appellant even on a single occasion -- It would have been a different matter after releasing on bail, appellant continued with his activities -- Statements of witnesses do not show that the said witnesses were threatened by the appellant in the presence of the villagers which would create a perception in the mind of the villagers that the appellant herein is a threat to the public order -- Detention order set aside. (SC) Decided on: 11.12.2024

53. Compensation in motor vehicle accident case -- Injury case – Future medical treatment -- Full-time skilled attendant -- Appellant would have to be under the supervision of a full-time skilled attendant -- Further, Doctor (PW-3) has opined that the appellant suffers from severe apathy and has no control over the passage of her urine -- Therefore, it is not difficult to see that the appellant would be requiring medical assistance in the form of medicines, diapers, etc., so as to live a relatively comfortable life – Compensation enhanced under this head to Rs.5,00,000/- -- Attendant Charges Rs. 9,42,000/- awarded -- Total compensation under different heads comes to Rs. 50,87,000/- alongwith 9% interest from the date of filing claim petition till realisation. (SC) Decided on: 11.12.2024

54. Rejection of plaint – Limitation – Date of knowledge -- Suit for cancellation of registered sale deed in 2004, which they executed by conveying the plaint scheduled property in favour of the respondents in 2017 -- Alleged that the said sale deed was brought through fraudulent means and the Appellants came to know of it only in 2017, when the Deputy Collector issued notice to the Appellants on an application filed by the Respondents for correcting the revenue entries -- High Court was not justified in holding that the limitation period commences from the date of registration itself -- Judgment of the High Court is unsustainable – Suit restored. (SC) Decided on: 11.12.2024

55. Maintenance to wife – Charge over property – Preferential right of wife -- No objection of any secured creditor, operational creditor or any other claim shall be entertained opposing the entitlement of the respondents for maintenance -- This right is a subset of the right to dignity and a dignified life, which in turn flows from Article 21 of the Constitution of India -- Right to maintenance being equivalent to a fundamental right will be superior to and have overriding effect than the statutory rights afforded to Financial Creditors, Secured Creditors, Operational Creditors or any other such claimants encompassed within the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, the Insolvency and Bankruptcy Code, 2016 or similar such laws. (SC) Decided on: 10.12.2024

56. Cognizable offence -- Complaint u/s 156(3) of Cr.P.C. – Treated as private complaint – Quashing of -- Though in the complaint, a specific prayer made for sending the same u/s 156(3) of the Code for registration of FIR but after receipt of action taken report, instead of applying its mind on the question as to whether a case for sending the case for registration of FIR was made out or not or that it was a case, which was to be treated as a private complaint, the learned trial Court straightway proceeded to pass the order for recording preliminary evidence and adjourned the case for that purpose -- Impugned order is not sustainable in the eyes of law as it has not been passed in consonance of the well-established principles of law -- Order set aside, matter remanded to the learned trial Court for hearing the arguments on the question as to whether the prayer made by him for sending the complaint to SHO concerned for registration of an FIR deserves to be allowed or not and to pass an order afresh by recording reasons thereof. (P&H HC) Decided on: 10.12.2024

57. Rape – Grievous hurt by use of acid -- POCSO -- Treatment of victims – Directions issued: (Delhi HC) Date of Decision: 10.12.2024

58. Dowry -- Cruelty – Abetment of suicide – Discharge/ Quashing of charge -- Deceased committed suicide after twelve years of marriage -- Around twelve months prior to her death, the appellants had sold the deceased’s streedhan and had tortured her when she demanded them back -- Merely because she did not file any complaint for twelve years does not guarantee that there was no instance of cruelty or harassment – No proximate link between the alleged facts, instances of harassment and her subsequent death by hanging -- Appellants did not have the requisite mens rea and neither did they commit any positive or direct act or omission to instigate or aid in the commission of suicide by the deceased -- Ingredients for the offence u/s 306, IPC are not made out – Appellant discharged from section 306, however charge u/s 498A of IPC upheld. (SC) Decided on: 10.12.2024

59. Contempt of Court -- In order to punish a contemnor, it has to be established that disobedience of the order is ‘wilful’ -- It means knowingly-intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom -- It would exclude casual, accidental, bonafide or unintentional acts or genuine inability and would also not include involuntary or negligent actions -- Deliberate conduct of a person means that he knows what he is doing and intends to do the same -- If two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable. (SC) Decided on: 10.12.2024

60. Appeal against acquittal – Change in law – Ground of -- Change of law by itself cannot be a ground for finding fault with the acquittal judgment rendered in favour of the appellant as far back as on 10.12.2018 -- Impugned order dated 23.06.2023 of the High Court cannot be sustained and set aside. (SC) Decided on: 10.12.2024

61. Suit for specific performance – Possession not part of decree – Execution of – Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has been granted – High Court directed Executing Court to issue a warrant of possession of the suit property in favour of plaintiff-decree holder – Plaintiff can amend the plaint to include a claim for the relief of possession, partition, etc. at any stage of the proceeding, includes the stage of execution of the decree by the executing court -- Order upheld, SLP dismissed. Babu Lal’s case (1982) 1 SCC 525 & Rohit Kochhar’s case 2024 INSC 920 relied. (SC) Decided on: 06.12.2024

62. Offence under SC/ST Act -- Public view – Backyard of private house -- Place of occurrence was at the backyard of the appellant’s house -- Backyard of a private house cannot be within the public view -- Persons who accompanied the second respondent/ complainant were also the employees or the labour force she had engaged for the purpose of carrying out repairs to her house which is adjacent to the appellant’s house -- They cannot also be termed as public in general – Appellant discharged from the offence. (SC) Decided on: 05.12.2024

63. Civil Suit -- Legal heirs – Summary enquiry – Requirements of -- Where there is dispute in regards to legal heirs of deceased plaintiff or defendant the trial court should adopt summary inquiry under Order 22 Rule 5 of the Civil Procedure Code as to who is the legal heir from the rival claimants -- It is mandatory for the court to determine the legal heir taking into consideration the right to sue or be sued is surviving. (Jharkhand HC) Decided on: 05.12.2024

64. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013), Section 13, 26 – Copy of Inquiry report – Right of victim -- Report of the Inquiry Committee was not given to the petitioner, as she was not an accused and the Inquiry Report did not find anything material against the accused person – Held, Inquiry Report ought to have been given to the victim as it is required to be given u/s 13 (1) to all the “concerned parties” -- Petitioner is a concerned party. (SC) Decided on: 04.12.2024

65. Quashing of criminal proceedings -- Cruelty – Relative/ Girlfriend / Women – A girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative -- Apart from that for bringing a case u/s 498A of IPC, the material should show that the ill treatment was meted out by the husband or a relative, which is connected with non-fulfilment of demand of dowry -- No averment or material to show that causing harassment to respondent No.2 on account of non-fulfilment of demand of dowry -- Appeal allowed, criminal proceedings quashed. (SC) Decided on: 04.12.2024

66. CCL/ Child in conflict with law – Assessment of -- Consequences of the act – Capacity to understand -- Even if the child had the mental capacity to commit the alleged offence, then too it would not be construed that he automatically had the capacity to understand the consequence of his act -- It is clearly spelt out by the Probation Officer in the Social Investigation Report that, the petitioner did not possess the capacity to understand the consequence of the alleged offence -- J.J.B. ought to have, instead of exercising the power under Section 18(3) of the Act of 2015, resorted to the provisions of Section 18(1), the prime object whereof is to ensure the rehabilitation and reintegration of the C.C.L. into the society – Case remanded to the J.J.B. (P&H HC) Decided on: 04.12.2024

67. Absence from trial – Forfeiture of bail bond -- Arrest warrant – Quashing of -- Objective of the coercive mechanism prescribed under the BNSS, 2023 is to ensure that the accused remains present before the Court to receive the orders and punishments as are passed qua the accused -- If the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested – Petitioner was granted bail by the learned trial Court, however due to a misimpression regarding the date, he could not appear before the learned trial Court on two dates and on account of the same, warrants of arrest were issued against the petitioner, he is ready to appear and face the trial -- Petition allowed, Trial Court directed to release the petitioner on same bail bonds/surety bonds. (P&H HC) Decided on: 03.12.2024

68. Compensation in motor vehicle accident case – Multiplier method for 13 year old deceased -- Accident on 15.03.2016 -- Notional income taken as Rs.50,000/- per annum and multiplier of 15 applied --- No addition towards loss of future prospects is to be made -- Claimant-appellants would also be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and the claimant-appellants would also be entitled to Rs.48,000/- (Rs.40,000+20% increase) each towards loss of consortium -- Total Compensation comes to Rs.9,78,000/-. (P&H HC) Decided on: 03.12.2024

69. Sanction for prosecution -- Earlier sanction declined -- Subsequent sanction given based on the same material -- In the absence of any other contra material which weighed in the mind of the sanctioning authority, the same cannot be sustained in the eye of law. (SC) Decided on: 03.12.2024

70. Attempt to murder – Anticipatory bail -- No injury attributed to the petitioner, except lalkara raised by him -- Co-accused granted concession of interim anticipatory bail -- No reason to deny the petitioner the concession of anticipatory bail – Bail allowed. (P&H HC) Decided on: 02.12.2024

71. Regular bail -- Search of accused – Magistrate or Gazetted officer – Use of word “Any” instead “Nearest” – Effect of -- Intent behind the provision is to ensure that the person about to be searched is made aware of the option to be taken before a third person other than the one who is conducting the search -- Use of the expression “nearest” refers to the convenience as the suspect is to be searched, delay should be avoided -- Nothing more is articulated and meant by the words used, or the intent behind the provision -- High Court granted bail stating that use of the word ‘any’ does not satisfy the mandate of the ‘nearest’ Gazetted Officer -- Recovery is 500 gms. of heroin is a substantial commercial quantity, respondent involved in another case, in which the quantity involved was an intermediate quantity, respondent is on bail in the said case -- Impugned judgment set aside. (SC) Decided on: 02.12.2024

72. Quashing of FIR – Scope of -- Framing of charge -- Effect of -- High Court dismissed the writ petition as infructuous without considering the case on merits -- Appellants can apply for discharge, however, the scope of application for discharge is completely different from the scope of a petition for quashing the criminal proceedings -- While arguing a case for discharge, the appellants will not be in a position to rely upon any document which is not the part of charge sheet, ground of abuse of process of law will not be available -- However, in a petition for quashing either u/s 482 of the Cr.P.C. or under Article 226 of the Constitution of India, a wider challenge is available including a challenge on the ground of abuse of process of law -- Impugned order set aside, writ petition restored. (SC) Decided on: 29.11.2024

73. Abetment to suicide – Refusal to marry – Mens rea – Acquittal -- Accused-appellant simply refused to marry the deceased and thus, even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide -- Accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide -- No guilty intention or mens rea on the part of the accused-appellant had been established – Conviction set aside – Appellant acquitted. (SC) Decided on: 29.11.2024

74. NDPS – Acquittal -- Recovery of contraband – Doubt upon – Independent witness – Non-examination of – Effect of -- Police party was not carrying any sewing machine with them -- Police officials also admitted that the parcel was machine stitched from two sides -- No explanation was given by the police official as to how the parcel could have been machine stitched on the spot without any sewing machine -- This shows that either the parcel was already lying with the police official or the proceedings were not conducted on the spot and the testimonies of the police officials regarding the fact that the proceedings were conducted on the spot is highly suspect -- Prosecution witnesses have given different versions regarding the circumstances surrounding the recovery -- Inconsistencies would assume significance in the absence of independent witnesses – Acquittal, upheld. (HP HC) Reserved on: 21.11.2024 Date of Decision: 29.11.2024

75. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Disclosure Statement – Recovery -- Disclosure statement not admissible in evidence because the alleged discovery was not made pursuant to that statement -- Disclosure statement was recorded at the police station whereas recovery was made from the place pointed out by the accused enroute to the police station -- It was, therefore, a case of recovery from the place allegedly pointed out by the accused and not based on a disclosure statement. (SC) Decided on: 28.11.2024

76. NDPS – Acquittal – Safe custody of sample – Requirement of – FSL Report – Seized material deposited in Malkhana on 25.05.2013 – On 27.05.2013, 10 samples were taken by SHO for resealing and then returned – I.O. not placed on record either the Malkhana Register or its extract in respect of taking out of samples for resealing and their redeposit in Malkhana on 27.05.213 – Held, prosecution is under obligation not only to prove that after the samples were extracted, they were kept in safe custody so as to negate any chance of tampering with the samples but also is under obligation to ensure that the material recovered from the accused only is sent to FSL -- Prosecution not proved its case beyond all reasonable doubts that the recovered material only was sent to FSL for chemical analysis -- Proof of FSL report would be of no consequence -- Appellant deserves benefit of doubt, conviction order set aside, discharged. (J&K&L HC) Reserved on 11.10.2024 Pronounced on 28.11.2024

77. Murder – Recovery on disclosure statement – Exclusive knowledge – Requirements of -- Disclosure statement shows that the stone was not concealed anywhere and was lying in the open -- Where the recoveries were effected from a place accessible, the same cannot be relied upon -- Since, there is no evidence of the exclusive knowledge of the accused, therefore, the stone cannot be connected to the accused. (HP HC) Reserved on: 11.11.2024 Date of Decision: 27.11.2024

78. Jurisdiction of Court -- Suit for specific performance – Possession not prayed specifically – Effect of -- It is clear from the terms of the contract between the parties that the transfer of possession of the suit property is implicit in the said contract and absence of a specific prayer seeking transfer of possession would not have any bearing on the character of the suit, which is one covered by Section 16(d) of the CPC. (SC) Decided on: 26.11.2024

79. Compensation in motor vehicle accident case – Acquittal in criminal case – Effect of -- Investigations were duly carried out which revealed not only the involvement of the vehicle, but also that it was the offending vehicle which was being driven in a rash and negligent manner which resulted in the accident -- Acquittal of the Driver in a Criminal Case cannot be a ground for dismissal of the Claim before the Accident Tribunal – Held, accident was caused due to rash and negligent driving of the Offending Vehicle by the Respondent. (Delhi HC) Decided on: 26.11.2024

80. Appointment of Lambardar – Fresh proclamation – Challenge to -- Petitioner is about 80 years of age, proceedings for filling up the vacant post of Lambardar of Village were initiated more than 10 years ago and the same have not been finalized till date -- Only two applicants at that time -- Authorities have concurrently held that no prejudice would be caused to the petitioner, if a fresh munadi is ordered to be conducted as the same shall widen the choice of better selection for the post of Lambardar – Neither the copy of the proclamation notice placed on record nor the name of the place where the said notice was pasted forthcoming -- It cannot be concluded that the proclamation was validly conducted – Writ dismissed. (P&H HC) Decided on: 25.11.2024

81. Condonation of delay – Fault of Advocate – Ground of – Delay of 536 days in filing appeal -- Entire blame thrown on the head of the advocate -- Even if the concerned lawyer was careless or negligent, this, by itself, cannot be a ground to condone long and inordinate delay as the litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the court initiated at his instance -- Litigant, should not be permitted to throw the entire blame on the head of the advocate and thereby disown him at any time and seek relief. (SC) Decided on: 21.11.2024

82. Hindu Women’s right to maintenance -- Hindu Women’s right to maintenance is not by virtue of statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived; and that the very right to receive maintenance is sufficient title to enable the ripening of possession into full ownership if she is in possession of the property in lieu of maintenance. (SC) Decided on: 21.11.2024

83. Auction sale – Sale certificate -- Stamp duty – Requirement of -- Sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration u/s 17(1) of the Registration Act -- Mere filing u/s 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority – However, Articles 18 and 23 respectively of the first schedule to the Stamp Act respectively makes it clear that when the auction purchaser presents the original sale certificate for registration, it would attract stamp duty in accordance with the said Articles -- As long as the sale certificate remains as it is, it is not compulsorily registrable -- It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise. (SC) Decided on: 19.11.2024

84. Death by electrocution in Rolling Mill – Non-compoundable offence -- Compromise quashing of FIR -- When the deceased’s family absolves the accused of any negligence or rash act, it would be impossible for the prosecution to succeed during the trial -- Thus, quashing of cases u/s 304-A IPC, other than roadside accidents, can be quashed depending upon the facts and circumstances of each case, the role assigned to the accused, mens rea, and the guilt of the such person -- After the death, the petitioners helped the complainant family financially and emotionally -- Accident occurred in broad daylight, and as an adult, the victim should have been more careful while performing his duties -- It is not a case where the acts of the Rolling mill or the Manager can be termed as rash or negligent -- Inherent jurisdiction u/s 528 BNSS, 2023 invoked, the FIR and all subsequent proceedings quashed. (P&H HC) Reserved on: 05.11.2024 Decided on: 18.11.2024

85. Rebuttal evidence – Onus of proof – Effect of -- Onus of issue no. 1 was cast upon the plaintiff-petitioners and hence it was incumbent upon the plaintiff-petitioners to have led their evidence in the affirmative -- A party cannot be permitted to lead evidence in rebuttal the onus of which was cast upon the said party. (P&H HC) Decided on: 18.11.2024

86. Murder – Conspiracy -- Regular bail -- Appellant nominated as an accused only for being part of the conspiracy to the crime in question and he was not present when the alleged murder took place -- Bail allowed. (P&H HC) Decided on: 14.11.2024

87. Retail and Wholesale Drug License -- Delay in submission of application beyond time granted by High court – Rejection on that ground – Justification of -- Ends of justice would be well served in case the applications that were filed by the petitioner beyond the time prescribed by High Court, are treated as being in compliance of order passed by High Court and adjudication thereof is done by the concerned Authority on merits of the same, after granting an opportunity of hearing to the respective parties – Petition allowed. (P&H HC) Decided on: 14.11.2024

88. Recovery of counterfeit currency – Regular bail -- Petitioner in custody since 04.04.2024 -- Entire case of the prosecution is based on documentary evidence, which is already part of the challan -- Trial is unlikely to conclude in the near future – Bail allowed. (P&H HC) Decided on: 14.11.2024

89. NDPS – Regular bail -- Recovery of 1600 grams of heroin from co-accused -- Petitioner in custody since 18.09.2023; challan was presented on 12.03.2024 followed by framing of charges on 07.06.2024 -- Till date none of the 31 prosecution witnesses examined – No recovery of any contraband or even mobile handsets was affected from the petitioner; the petitioner is being sought to be linked to the co-accused only on the basis of some mobile calls made between him and them – Bail allowed. (P&H HC) Decided on: 14.11.2024

90. Cheque bounce complaint – Proclaimed person -- Petitioner is keen to join the proceedings -- Petition disposed of and the impugned order set aside subject to payment of Rs.10,000/- as costs to be paid to the complainant – On surrender of the petitioner with cost of Rs.10,000/- within 10 days, the Court concerned directed to admit him to bail subject to its satisfaction and decide the application for revival of the complaint in accordance with law. (P&H HC) Decided on: 14.11.2024

91. Compensation in railway accident case – Untoward incident -- Strict liability – Negligence of victim – Ground of -- Liability of the Railway Administration is based on the ‘principle of strict liability’ -- Plea of ‘no fault of railways’ or ‘negligence of the victim’ is not available to the Railway Administration. (P&H HC) Reserved on: 25.10.2024 Decided on: 14.11.2024

92. Compassionate appointment – Right of -- Said right is not a condition of service of an employee who dies in harness -- Three years from the date of death of the employee for putting forth a claim by a dependant, which, includes attainment of majority cannot be said to be in any case unjustified or illogical, especially when compassionate appointment is not a vested right -- Appellant attained majority 11 years after the unfortunate death of his father -- Claim rightly rejected by the respondent State. (SC) Decided on: 13.11.2024

93. House trespass after preparation for hurt, assault or wrongful restraint/ 333-BNS – Rioting armed with deadly weapon/ 191(3)-BNS – Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings quashed. (P&H HC) Decided on: 13.11.2024

94. House-trespass or House breaking/ 331(4)-BNSS -- Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings, quashed. (P&H HC) Decided on: 13.11.2024

95. NDPS Case – Superdari of motorcycle -- Motor cycle owned by petitioner seized by the police in criminal case under NDPS Act -- Trial will take time to conclude -- Even if the said motor cycle is a case property, it cannot be kept in the malkhana for indefinite period -- Application filed by the petitioner seeking release of his motor cycle on supurdari allowed. (P&H HC) Decided on: 13.11.2024

96. Suit for specific performance of agreement -- Evidence of attorney -- One of the purchasers and plaintiff in his suit for specific performance throughout present in the transaction held the Power of Attorney from the other plaintiffs – He was examined as PW-1 in each of the suits whether in his capacity as plaintiff or as Power of Attorney from other plaintiffs -- It was not necessary for each of the plaintiffs in separate suits to appear and prove the transaction -- Trial Court had examined this aspect and had found favour with the plaintiffs – Adverse inference drawn by the High Court for the reason that the plaintiffs did not enter the witness box to prove the Agreement to Sell, was completely misplaced. (SC) Decided on: 12.11.2024

97. Fair trial -- Right of accused – Preservation of call details – Right to privacy of police officials -- Legislative intent behind enactment of Section 91 Cr.P.C. is to ensure that no cogent material or evidence involved in the issue remains undiscovered in unearthing the true facts during investigation, enquiry, trial or other proceedings -- While passing the appropriate direction for preserving and production of call details/ tower location details u/s 91 Cr.P.C. would violate the right to privacy of the police officials but the right of the accused under Article 21 of the Constitution of India in ensuring free and fair investigation/ trial would prevail over the right to privacy of the police officials. (P&H HC) Decided on: 12.11.2024

98. Attempt to commit suicide – Use of arms without license -- Petitioner No.1 was handling the licensed revolver of respondent no. 2 and while doing so, an accidental shot was fired -- Petitioner No.1 was having no mens rea to kill himself by committing suicide -- Illegal use of a licenced weapon per se does not constitute an offence u/s 27 of Arms Act – Alleged weapon used was having licence in the name of petitioner No.2 and thus no case is made out u/s 25 of the Arms Act -- Prima facie no offence u/s 30 of Arms Act is made out against the accused, as there was no breach of condition of the arms licence -- FIR and subsequent proceedings quashed. (P&H HC) Reserved on: 28.10.2024 Decided on: 12.11.2024

99. Inclusion in transitional area of Nagar Panchayat – Opportunity of hearing to effected partes -- Notification u/s 3 visits the persons living in the area notified with several civil consequences that may include taxation on properties, deprivation of benefits from government programs and schemes for village areas, etc. – Opportunity of making objections and /or suggestions after publication of draft notification and due consideration of the same by the Governor, are vital and mandatory requirements of the statute -- Each person resident of such area which is subject to such notification, is a stakeholder and is conferred a right by the Act, 1916 to make suggestions and objections -- Such suggestions and objections, when duly filed, have to be accorded due consideration by the Governor, and the State Government cannot brush aside an objection by means of a general denial on the ground that it was not received within the time provided in the draft notification where it has been demonstrated by the petitioner that the objection was duly dispatched and the delivery report of the postal department reflects its delivery to the addressee -- Objections of the petitioners were never considered – Impugned notification / order quashed. (Allahabad HC) Decided on: 11.11.2024

100. Lis pendens – Review -- Pendency means -- Review proceedings were “instituted” within the period of limitation of thirty days – Doctrine of lis pendens kicks in at the stage of “institution” and not at the stage when notice is issued by this Court -- Argument of the respondents that the doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted. (SC) Decided on: 08.11.2024