POCSO Presumption Is Not a Dead Letter, But ‘Sterling Witness’ Test Still Governs Conviction: Bombay High Court High Courts Cannot Routinely Entertain Contempt Petitions Beyond One Year: Madras High Court Declines Contempt Plea Filed After Four Years Courts Cannot Reject Suit by Weighing Evidence at Threshold: Delhi High Court Restores Discrimination Suit by Indian Staff Against Italian Embassy Improvised Testimonies and Dubious Recovery Cannot Sustain Murder Conviction: Allahabad High Court Acquits Two In Murder Case Sale with Repurchase Condition is Not a Mortgage: Bombay High Court Reverses Redemption Decree After 27-Year Delay Second Transfer Application on Same Grounds is Not Maintainable: Punjab & Haryana High Court Clarifies Legal Position under Section 24 CPC Custodial Interrogation Is Not Punitive — Arrest Cannot Be Used as a Tool to Humiliate in Corporate Offence Allegations: Delhi High Court Grants Anticipatory Bail Partnership Act | Eviction Suit by Unregistered Firm Maintainable if Based on Statutory Right: Madhya Pradesh High Court Reasonable Grounds Under Section 37 of NDPS Act Cannot Be Equated with Proof; They Must Reflect More Than Suspicion, But Less Than Conviction: J&K HC Apprehension to Life Is a Just Ground for Transfer When Roots Lie in History of Ideological Violence: Bombay High Court Transfers Defamation Suits Against Hamid Dabholkar, Nikhil Wagle From Goa to Maharashtra Violation of Income Tax Law Doesn’t Void Cheque Bounce Offence: Supreme Court Overrules Kerala HC, Says Section 138 NI Act Stands Independent Overstaying Licensee Cannot Evade Double Damages by Legal Technicalities: Bombay High Court A Registered Will Is Not a Stamp of Truth: Punjab & Haryana High Court Trademark Law Must Protect Reputation, Not Reward Delay Tactics: Bombay High Court Grants Injunction to FedEx Against Dishonest Use of Its Well-Known Mark Commercial Dispute Need Not Wait for a Written Contract: Delhi High Court Upholds Rs.6 Lakh Decree in Rent Recovery Suit Against Storage Defaulter Limitation Begins From Refusal, Not Date of Agreement—Especially When Title Was Under Litigation: Punjab & Haryana High Court Sale by Karta of Ancestral Property Without Legal Necessity Is Voidable, Not Void: Madras High Court Dismisses Sons’ Appeal Demand for Gold at 'Chhoochhak' Ceremony Not Dowry – Demand Must Connected With Marriage: Supreme Court Motor Accident Claims Cannot Be Decided on Sympathy – Involvement of Offending Vehicle Must Be Proved: Supreme Court Compassionate Appointment Is Not a Ladder for Career Advancement – It Ends Once Exercised: Supreme Court In Absence of Minimum Fee, Compounding by Revenue Officials Is Not Criminal Misconduct: Kerala High Court Clarifies Power, Quashes FIR Against Two Accused If You’re in Service on 31st March, You Get the Revised Pay: Supreme Court Affirms Right to 2017 Pay Revision for March 2016 Retirees

(1) HARSHENDRA KUMAR D. … Vs. REBATILATA KOLEY ETC. …RESPONDENT D.D 08/02/2011

Negotiable Instruments – Director’s Liability – Appellant resigned from directorship before issuance and dishonour of cheques – High Court dismissed revision applications to quash proceedings – Supreme Court quashed proceedings against appellant due to lack of connection with the company at the relevant time [Paras 1-21].Evidence and Documentation – Resignation from Directorship – Ap...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 360 OF 2011 Docid 2011 LEJ Crim SC 211214

(2) PARIMAL … Vs. VEENA @ BHARTI …RESPONDENT D.D 08/02/2011

Civil Procedure – Ex-parte Decree – Respondent/wife failed to appear despite repeated summons – Process servers reported refusal to accept summons – Substituted service through publication in "National Herald" deemed proper – High Court erroneously set aside ex-parte decree considering post-decree conduct – Supreme Court restored trial court’s order dismissing application u...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1467 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 19632 OF 2007) Docid 2011 LEJ Civil SC 768411

(3) SUNIL SHARMA AND OTHERS ... Vs. BACHITAR SINGH AND OTHERS ...RESPONDENTS D.D 07/02/2011

Motor Accident Compensation – Computation of Income –Appeal concerning compensation awarded by MACT and revised by the High Court for the death of Mrs. Sunita Sharma. MACT’s deductions for HRA, CCA, and medical allowances were deemed incorrect by the Supreme Court, which also considered future prospects in income calculation [Paras 1-12].Deduction for Personal Expenses –Supreme Court held ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1440 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 36770 OF 2009) Docid 2011 LEJ Civil SC 948330

(4) SBEC SUGAR LIMITED AND ANOTHER ... Vs. UNION OF INDIA (UOI) AND OTHERS ...RESPONDENTS D.D 07/02/2011

Customs Duty – Warehousing and Interest –Appeals addressing the final assessment of customs duty and interest for goods warehoused by the appellants beyond the permitted period. The Supreme Court upheld the levy of interest, rejecting the appellants' claim for exemption under the EPCG Scheme, due to the goods being deemed improperly removed from the warehouse [Paras 1-25].Section 72 of th...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2899 AND 2900 OF 2006 Docid 2011 LEJ Civil SC 136085

(5) SESA INDUSTRIES LTD. … Vs. KRISHNA H. BAJAJ AND OTHERS …RESPONDENT(S) D.D 07/02/2011

Corporate Law – Amalgamation – Scheme of amalgamation between Sesa Industries Ltd. and Sesa Goa Limited sanctioned by the Company Judge – Division Bench of the High Court set aside the sanction citing procedural and disclosure deficiencies – Supreme Court restored the Company Judge's order sanctioning the amalgamation – Emphasized the need for disclosure of inspection reports and in...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1430-1431 OF 2011 (ARISING OUT OF S.L.P (C) NO'S. 8497-8498 OF 2009) Docid 2011 LEJ Civil SC 507657

(6) SUNIL SHARMA AND OTHERS ... Vs. BACHITAR SINGH AND OTHERS ...RESPONDENTS D.D 07/02/2011

Motor Accident Compensation – Computation of Income –Appeal concerning compensation awarded by MACT and revised by the High Court for the death of Mrs. Sunita Sharma. MACT’s deductions for HRA, CCA, and medical allowances were deemed incorrect by the Supreme Court, which also considered future prospects in income calculation [Paras 1-12].Deduction for Personal Expenses –Supreme Court held ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1440 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 36770 OF 2009) Docid 2011 LEJ Civil SC 788995

(7) SBEC SUGAR LIMITED AND ANOTHER ... Vs. UNION OF INDIA (UOI) AND OTHERS ...RESPONDENTS D.D 07/02/2011

Customs Duty – Warehousing and Interest –Appeals addressing the final assessment of customs duty and interest for goods warehoused by the appellants beyond the permitted period. The Supreme Court upheld the levy of interest, rejecting the appellants' claim for exemption under the EPCG Scheme, due to the goods being deemed improperly removed from the warehouse [Paras 1-25].Section 72 of th...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2899 AND 2900 OF 2006 Docid 2011 LEJ Civil SC 564721

(8) SESA INDUSTRIES LTD. … Vs. KRISHNA H. BAJAJ AND OTHERS …RESPONDENT(S) D.D 07/02/2011

Corporate Law – Amalgamation – Scheme of amalgamation between Sesa Industries Ltd. and Sesa Goa Limited sanctioned by the Company Judge – Division Bench of the High Court set aside the sanction citing procedural and disclosure deficiencies – Supreme Court restored the Company Judge's order sanctioning the amalgamation – Emphasized the need for disclosure of inspection reports and in...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1430-1431 OF 2011 (ARISING OUT OF S.L.P (C) NO'S. 8497-8498 OF 2009) Docid 2011 LEJ Civil SC 332355

(9) NARINDER KAUR … Vs. PUNJAB AND HARYANA HIGH COURT AND OTHERS …RESPONDENT D.D 04/02/2011

Administrative Law - Correction of Date of Birth – Appeal against High Court’s administrative order refusing to correct date of birth from 26.01.1971 to 09.01.1972 – Appellant’s request made within prescribed two-year period under amended Punjab Financial Volume I Rules, 2001 – Supreme Court finds High Court failed to conduct special inquiry as required by rules – Affidavit from Chief ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1380 OF 2011 (ARISING OUT OF SLP (CIVIL) NO. 21528 OF 2006) Docid 2011 LEJ Civil SC 534671