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) 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 633116

(2) 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 905035

(3) STATE OF U.P. … Vs. NARESH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Criminal Law – Murder and Robbery Conviction – Respondents initially convicted by the Sessions Court for murder, attempted murder, and robbery – High Court acquitted respondents citing minor contradictions and lack of independent witnesses – Supreme Court reinstated conviction, emphasizing reliability of injured witnesses and rejecting the High Court's undue emphasis on minor discrepa...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 674 OF 2006 Docid 2011 LEJ Crim SC 943671

(4) GANGADHARA PALO … Vs. THE REVENUE DIVISIONAL OFFICER AND ANOTHER …RESPONDENT(S) D.D 08/03/2011

Review Petition – Delay Condonation – High Court dismissed review petition and application for condonation of 71 days delay – Supreme Court condoned the delay, stating a liberal view should be taken for such short delays – Case remanded to High Court to decide review on merits [Paras 3-4, 16].Doctrine of Merger – Maintainability of Review – Distinction between SLP dismissed with reason...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5280 OF 2006 Docid 2011 LEJ Civil SC 752069

(5) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. BHARAT SINGH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Reservation in Single Post Cadre – Legality – High Court quashed inquiry into alleged malpractices in the selection process for Principals – Supreme Court affirmed that the post of Principal in each aided/affiliated institution being a single post in the cadre is not amenable to reservation – Emphasized that reservation in single post cadres is impermissible as it amounts to 100% reservati...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2351 OF 2011 (ARISING OUT OF SLP (C) NO. 25966 OF 2008) CIVIL APPEAL NOS. 2352-2361 OF 2011 (ARISING OUT OF SLP (C) NOS. 27077, 27522-27524, 27526-27528, 27530-27531 OF 2008 AND NO. 455 OF 2009) T.P. (C) NOS. 3 AND 1136 OF 2009 AND CONTEMPT PETITION (C) NO. 32 OF 2009 IN SLP (C) NO. 25966 OF 2008 Docid 2011 LEJ Civil SC 359583

(6) STATE OF U.P. … Vs. NARESH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Criminal Law – Murder and Robbery Conviction – Respondents initially convicted by the Sessions Court for murder, attempted murder, and robbery – High Court acquitted respondents citing minor contradictions and lack of independent witnesses – Supreme Court reinstated conviction, emphasizing reliability of injured witnesses and rejecting the High Court's undue emphasis on minor discrepa...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 674 OF 2006 Docid 2011 LEJ Crim SC 139087

(7) GANGADHARA PALO … Vs. THE REVENUE DIVISIONAL OFFICER AND ANOTHER …RESPONDENT(S) D.D 08/03/2011

Review Petition – Delay Condonation – High Court dismissed review petition and application for condonation of 71 days delay – Supreme Court condoned the delay, stating a liberal view should be taken for such short delays – Case remanded to High Court to decide review on merits [Paras 3-4, 16].Doctrine of Merger – Maintainability of Review – Distinction between SLP dismissed with reason...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5280 OF 2006 Docid 2011 LEJ Civil SC 970521

(8) STATE OF U.P. AND OTHERS …APPELLANT(S) Vs. BHARAT SINGH AND OTHERS …RESPONDENT(S) D.D 08/03/2011

Reservation in Single Post Cadre – Legality – High Court quashed inquiry into alleged malpractices in the selection process for Principals – Supreme Court affirmed that the post of Principal in each aided/affiliated institution being a single post in the cadre is not amenable to reservation – Emphasized that reservation in single post cadres is impermissible as it amounts to 100% reservati...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2351 OF 2011 (ARISING OUT OF SLP (C) NO. 25966 OF 2008) CIVIL APPEAL NOS. 2352-2361 OF 2011 (ARISING OUT OF SLP (C) NOS. 27077, 27522-27524, 27526-27528, 27530-27531 OF 2008 AND NO. 455 OF 2009) T.P. (C) NOS. 3 AND 1136 OF 2009 AND CONTEMPT PETITION (C) NO. 32 OF 2009 IN SLP (C) NO. 25966 OF 2008 Docid 2011 LEJ Civil SC 843462

(9) ARUNA RAMACHANDRA SHANBAUG …PETITIONER Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENTS D.D 07/03/2011

Euthanasia – Legality – Petitioner, in a persistent vegetative state for 37 years, sought permission for euthanasia – Supreme Court deliberated on the issue of passive euthanasia and the role of the judiciary in sanctioning it – Held that passive euthanasia is permissible under exceptional circumstances with the approval of the High Court, which must act as parens patriae [Paras 1-144].Pas...

REPORTABLE # WRIT PETITION (CRIMINAL) NO. 115 OF 2009 UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA Docid 2011 LEJ Crim SC 420906