Unexplained Possession Of Stolen Ornaments Soon After Murder Attracts Presumption Of Guilt Under Section 114 Evidence Act: Madras High Court Identical Pay Scale Cannot Be Basis To Confer Benefits Meant Specifically For Scientists: Gauhati High Court Suit For Partition Not Maintainable Without Seeking Cancellation Of Registered Partition Deed Signed By Plaintiff: Karnataka High Court Law Officers Have No Vested Right To Complete 3-Year Tenure, State Can Terminate Services Early: Orissa High Court Carpenter With Amputated Leg Suffers 100% Functional Disability As Trade Requires Squatting & Sitting Position: Supreme Court Fatal Fall Into Dry Canal During Scuffle Attracts Section 304 Part II IPC: Supreme Court Reduces Sentence To Period Undergone Minor Rape Victim Permitted To Terminate 28-Week Pregnancy: Delhi High Court Cites Right To Bodily Autonomy Under Article 21 Investigation Initiated Without FIR Registration Illegal; Prosecution Documents Prepared After Trap Proceedings 'Table Investigation': Andhra Pradesh High Court Successive Writ Petitions On Same Cause Of Action Barred By Constructive Res Judicata: Bombay High Court Dismisses BPCL's Challenge To Octroi Levy Court Fees Must Be Refunded If Commercial Suit Is Rejected For Non-Compliance With Pre-Institution Mediation: Calcutta High Court Deduction Under Section 80-I Must Be Computed On Profits And Gains Without Reducing Investment Deposit Claim Under Section 32AB: Gujarat High Court Employee’s Right To Appeal Not Lost If Disciplinary Action Initiated By Higher Authority Provided Further Appeal Lies To Superior Body: Kerala High Court Preceding 10-Year Period For Charge Sheets Mandatory To Invoke 'Organized Crime' Under Section 111 BNS: J&K High Court Grants Bail PIL Petitioners Doubted By Court Must Annex Previous Adverse Orders In Future Filings: Kerala High Court Shifting Drug Traffickers To Distant States Necessary To Disrupt Supply Chains: Calcutta High Court Upholds PITNDPS Detention

(1) HANS STEEL ROLLING MILL … Vs. COMMNR. OF CENTRAL EXCISE …RESPONDENT D.D 10/03/2011

Compound Levy Scheme – Applicability of Section 11A – Supreme Court held that the time limit provisions of Section 11A of the Central Excise Act do not apply to the recovery of amounts under the compound levy scheme – Emphasized that the compound levy scheme is a distinct and self-contained mechanism for excise duty collection, separate from the general provisions of the Act [Paras 12-15].Di...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2715, 2717, AND 3988 OF 2003 Docid 2011 LEJ Civil SC 691725

(2) KUMARI RANJANA MISHRA AND ANOTHER … Vs. THE STATE OF BIHAR AND OTHERS …RESPONDENT(S) D.D 10/03/2011

Recognition and Examination – Bihar School Examination Board – Supreme Court held that the Bihar School Examination Board had a duty to conduct C.P.Ed. and D.P.Ed. examinations for students of a college recognized by the State Government before the NCTE Act came into force – High Court erred in denying relief by distinguishing the case from precedent where similar recognition and examination...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2416 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 29392 OF 2008) Docid 2011 LEJ Civil SC 159065

(3) RAJESH KUMAR SRIVASTAVA … Vs. STATE OF JHARKHAND AND OTHERS …RESPONDENT(S) D.D 10/03/2011

Probationary Service – Termination Simpliciter – Supreme Court upheld the termination of the appellant as a probationary Munsif, affirming that probationary appointments are subject to scrutiny for performance and conduct – Found that the decision to terminate was based on overall unsatisfactory performance and not on disciplinary grounds [Paras 10-12].No Stigma or Punitive Action – Differ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2419 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 8463 OF 2009) Docid 2011 LEJ Civil SC 254119

(4) R.S. SINGH … Vs. U.P. MALARIA NIRIKSHAK SANGH AND OTHERS …RESPONDENT(S) D.D 09/03/2011

Judicial Restraint in Summoning Officials – High Court summoned Principal Secretary Finance and Principal Secretary Medical & Health for non-compliance with earlier judgment – Supreme Court emphasized that summoning senior officials should be done only in rare and exceptional cases with compelling reasons – Frequent summoning of high officials is counterproductive and an improper use of ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5600 OF 2006 Docid 2011 LEJ Civil SC 375880

(5) HARICHARAN AND ANOTHER … Vs. STATE OF MADHYA PRADESH AND OTHERS …RESPONDENT(S) D.D 09/03/2011

Custodial Violence and Death – High Court convicted appellants for custodial death, reversing the trial court's acquittal – Supreme Court upheld the conviction, emphasizing that custodial torture, especially resulting in death, violates Articles 21 and 22(1) of the Constitution and the principles established in D.K. Basu v. State of West Bengal – Appellants subjected Mathura to electric...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 581 OF 2003 Docid 2011 LEJ Crim SC 509211

(6) NILESH DINKAR PARADKAR … Vs. STATE OF MAHARASHTRA …RESPONDENT D.D 09/03/2011

Voice Identification Evidence – Reliability and Admissibility – Supreme Court held voice identification evidence as suspect and unreliable if not corroborated by other evidence – Highlighted the need for stringent safeguards for voice identification, emphasizing it should only be used as corroborative evidence, not as substantive evidence alone [Paras 24-42].Acquittal of Co-accused – Impac...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 537 OF 2009 Docid 2011 LEJ Crim SC 263961

(7) RAYMOND LTD. AND ANOTHER … Vs. TUKARAM TANAJI MANDHARE AND ANOTHER …RESPONDENT(S) D.D 09/03/2011

Employer-Employee Relationship – Contractors' Employees – Full Bench of the Bombay High Court affirmed that persons employed through contractors in industries under the BIR Act are considered employees under Section 3(5) of the MRTU and PULP Act – Held complaints by such employees maintainable even without direct employer-employee relationship with the principal employer [Paras 6-8].Jud...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5077 OF 2006 Docid 2011 LEJ Civil SC 246220

(8) R.S. SINGH … Vs. U.P. MALARIA NIRIKSHAK SANGH AND OTHERS …RESPONDENT(S) D.D 09/03/2011

Judicial Restraint in Summoning Officials – High Court summoned Principal Secretary Finance and Principal Secretary Medical & Health for non-compliance with earlier judgment – Supreme Court emphasized that summoning senior officials should be done only in rare and exceptional cases with compelling reasons – Frequent summoning of high officials is counterproductive and an improper use of ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5600 OF 2006 Docid 2011 LEJ Civil SC 242603

(9) HARICHARAN AND ANOTHER … Vs. STATE OF MADHYA PRADESH AND OTHERS …RESPONDENT(S) D.D 09/03/2011

Custodial Violence and Death – High Court convicted appellants for custodial death, reversing the trial court's acquittal – Supreme Court upheld the conviction, emphasizing that custodial torture, especially resulting in death, violates Articles 21 and 22(1) of the Constitution and the principles established in D.K. Basu v. State of West Bengal – Appellants subjected Mathura to electric...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 581 OF 2003 Docid 2011 LEJ Crim SC 319572