Ocular Evidence Prevails Over Medical Findings: Bombay High Court Upholds Rape Conviction Despite Negative Semen Report & Police Lapses High Court Cannot Pass Inconsistent Orders: Supreme Court Quashes Demolition Order Passed Despite Earlier Restraint In CMDA Regularisation Dispute Supreme Court Upholds Validity Of Open University Degrees Obtained Prior To 2017 Cut-Off Must Be A Polluter Before Being Held Absolutely Liable: Supreme Court Sets Aside NGT Order Against Art Of Living Over Yamuna Event, Orders ₹5 Cr Refund Father Cannot Be Deprived Of Minor's Custody Unless Proved Unfit: Allahabad High Court Hands Over 4-Yr-Old Child To Father, Sets Aside Trial Court Order Right To Speedy Trial Under Article 21 Integral To Personal Liberty': Punjab & Haryana High Court Grants Bail As 24 Witnesses Remain Unexamined No Specific Chemical Opinion That Seized Substance Was Ganja: Gujarat High Court Upholds Acquittal Under Section 2(iii)(b) NDPS Act Mere Pendency Of Criminal Cases Simplicitor No Ground For Externment': Karnataka High Court Quashes Raichur SDM Order Order VI Rule 16 CPC | Defendants Enjoy Greater Latitude In Altering Defence: Punjab & Haryana High Court Explains Doctrinal Leeway Under CPC Boarding Running Train Not Self-Inflicted Injury: Delhi High Court Sets Aside Order Denying Compensation Possession Of One Co-Sharer Is Possession Of All: J&K&L High Court Cannot Invoke Article 226 For Registering FIR Or Restoring Water Supply: Kerala High Court Natural Guardian's Sale Of Minor's Property Without Court Nod Is Voidable, Extinguishes If Not Challenged Within 3 Years Of Majority: Madras High Court Orissa High Court Rejects Cancer-Survivor Husband's Plea To Transfer Maintenance Case Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Defect In Served Copy Of Affidavit Not Fatal: Supreme Court Restores Election Petition Challenging Lok Sabha Poll Result, Clarifies Law On Form-25 Attestation

(1) MINERALS AND METALS TRADING CORPORATION OF INDIA LTD. .....Appellant Vs. RESPONDENT(S): OCEAN KNIGHT MARITIME COMPANY LTD. AND OTHERS .....Respondent D.D 29/03/2012

Arbitration – Limitation for Application – Application under Sections 5, 11, and 12 of the Arbitration Act, 1940 to appoint a new arbitrator after original arbitrators became functus officio – High Court allowed the application beyond limitation period – Supreme Court held that application should be made within three years from the date arbitrators became functus officio – Application fi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4360 OF 2006 Docid 2012 LEJ Civil SC 947834

(2) SUNIL KUMAR .....Appellant Vs. RESPONDENT(S): STATE OF HARYANA .....Respondent D.D 27/03/2012

Criminal Law – Probation – Appellant convicted under Section 7 of the Essential Commodities Act, 1955, and sentenced to one-year imprisonment and a fine – Sought modification for probation under Section 360 of CrPC or Section 4 of Probation of Offenders Act – High Court rejected the plea, citing it was functus officio after judgment delivery – Supreme Court upheld High Court's decis...

REPORTABLE # CRIMINAL M.P. NO. 7477 OF 2012 IN S.L.P. (CRIMINAL) NO. 2430 OF 2012 Docid 2012 LEJ Crim SC 453809

(3) MULCHAND KHANUMAL KHATRI .....Appellant Vs. RESPONDENT(S): STATE OF GUJARAT AND OTHERS .....Respondent D.D 27/03/2012

Land Acquisition – Lapse of Proceedings – Award under Section 11 of the Land Acquisition Act not made within the prescribed two years from the publication of the declaration under Section 6 – High Court erroneously excluded the period from the date of dismissal of interim relief to the date when certified copy of judgment was received by the authority – Supreme Court held such exclusion no...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4990 OF 2003 Docid 2012 LEJ Civil SC 687645

(4) SAROJ SCREENS PVT. LTD. .....Appellant Vs. RESPONDENT(S): GHANSHYAM AND OTHERS .....Respondent D.D 26/03/2012

Land Lease – Renewal – Lease initially granted to Gopaldas Mohta for 30 years – Corporation passed a resolution for renewal of lease for another 30 years – Subsequent lease granted to appellant found illegal as the initial renewal was not cancelled or rescinded – Sanction of State Government required for lease renewal under Section 70(5) of City of Nagpur Corporation Act not obtained pri...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3107-3108 OF 2012 (Arising out of SLP (C) Nos. 36724-36725 of 2009) Docid 2012 LEJ Civil SC 395293

(5) HEINZ INDIA PVT. LTD. AND ANOTHER .....Appellant Vs. RESPONDENT(S): STATE OF U.P. AND OTHERS .....Respondent D.D 23/03/2012

Taxation – Mandi Fee – Appellants contested mandi fee imposed on stock transfers by Krishi Utpadan Mandi Samiti under Section 17 of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 – High Court upheld imposition, rejecting appellants' claim for refund – Supreme Court held statutory presumption of sale within market area unrebutted due to insufficient evidence by appellants – Mandi...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1476, 1477, and 1478 OF 2006 With WRIT PETITION (CIVIL) NO. 144 OF 2005 Docid 2012 LEJ Civil SC 443669

(6) UNION OF INDIA (UOI) AND OTHERS; KRITE KUMAR AWASTHI .....Appellant Vs. RESPONDENT(S): BRIGADIER P.S. GILL; UNION OF INDIA (UOI) AND OTHERS .....Respondent D.D 23/03/2012

Armed Forces Tribunal – Appeal to Supreme Court – Section 30 appeal subject to provisions of Section 31 – No absolute right of appeal against Tribunal’s final decisions/orders – Leave of Tribunal or Supreme Court required for appeal – Section 31 application necessary before Supreme Court’s leave – Appeals dismissed for lack of compliance with Section 31 [Paras 1-12].Statutory Inter...

REPORTABLE # CRIMINAL APPEAL NO. 564 OF 2012 (Crl. Appeal D. No. 38094 of 2011) With CIVIL APPEAL NO. 3046 OF 2012 (Civil Appeal D. No. 40571 of 2011) Docid 2012 LEJ Crim SC 952105

(7) STATE OF RAJASTHAN .....Appellant Vs. RESPONDENT(S): MOHAN LAL AND OTHERS .....Respondent D.D 23/03/2012

Criminal Law – Murder – High Court acquitted respondents of murder charge under Section 302/149 IPC – Respondents convicted for other offences – High Court noted injuries on deceased were simple, inflicted on non-vital parts, and not sufficient to cause death – Trial Court’s reliance on internal injuries unsupported by external evidence [Paras 1-7].Evidence – Medical Testimony – Dr...

REPORTABLE # CRIMINAL APPEAL NO. 316 OF 2005 Docid 2012 LEJ Crim SC 568454

(8) SAYED DARAIN AHSAN @ DARAIN .....Appellant Vs. RESPONDENT(S): STATE OF WEST BENGAL AND ANOTHER .....Respondent D.D 22/03/2012

Criminal Law – Conviction – Appeal against conviction under Section 302/34 IPC – High Court upheld conviction based on eyewitness testimonies and corroborating medical evidence – Appeal contended inconsistencies between eyewitness and medical evidence, influence of interested witnesses, and lack of test identification parade – Supreme Court found no merit in the appeal – Conviction and...

REPORTABLE # CRIMINAL APPEAL NO. 1195 OF 2006 Docid 2012 LEJ Crim SC 734655

(9) PROMODE DEY .....Appellant Vs. RESPONDENT(S): STATE OF WEST BENGAL .....Respondent D.D 22/03/2012

Criminal Law – Conviction – Appeal against conviction under Section 302 IPC – High Court upheld conviction based on eyewitness testimony of child witness PW-2 and corroborative evidence – Appeal contended inconsistencies in evidence, influence of interested witnesses, and procedural lapses – Supreme Court found no merit in the appeal – Conviction and sentence upheld [Paras 1-11].Eviden...

REPORTABLE # CRIMINAL APPEAL NO. 405 OF 2008 Docid 2012 LEJ Crim SC 196911