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) CENTRE FOR PIL AND ANOTHER … Vs. UNION OF INDIA (UOI) AND ANOTHER …RESPONDENT D.D 03/03/2011

Appointment of Central Vigilance Commissioner – Legality – Shri P.J. Thomas appointed as CVC on recommendation by High Powered Committee (HPC) – Petitioners challenged appointment due to pending criminal case and alleged violation of institutional integrity – Supreme Court held that while personal integrity of candidate is important, institutional integrity must also be considered – HPC&...

REPORTABLE # WRIT PETITION (C) NOS. 348 AND 355 OF 2010 Docid 2011 LEJ Civil SC 407493

(2) T.V. VENUGOPAL … Vs. USHODAYA ENTERPRISES LTD. AND ANOTHER …RESPONDENTS D.D 03/03/2011

Trade Marks – Passing Off – Distinctiveness – Appellant adopted the mark 'Eenadu' for incense sticks, while Respondent claimed exclusive rights over the mark due to its use in the title of their newspaper and other businesses – Respondent alleged infringement and passing off – Courts evaluated whether 'Eenadu' had acquired a secondary meaning associated with Responden...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6314-15 OF 2001 Docid 2011 LEJ Civil SC 768554

(3) OMNIA TECHNOLOGIES P. LTD. … Vs. W.M.A. VAN LOOSBROEK …RESPONDENT D.D 03/03/2011

Arbitration – Appointment of Arbitrator – Sections 11(6) and 11(9) of the Arbitration and Conciliation Act, 1996 – Parties entered into an agreement for marketing and representation of RFID Tags and Components – Dispute arose regarding post-termination obligations under the agreement – Respondent argued no arbitrable dispute existed due to a termination agreement – Supreme Court direct...

REPORTABLE # ARBITRATION PETITION NO. 10 OF 2010 Docid 2011 LEJ Civil SC 124448

(4) KUMAON SEEDS CORPORATION AND OTHERS … Vs. KRISHI UTPADAN MANDI SAMITI KASHIPUR AND OTHERS …RESPONDENTS D.D 03/03/2011

Market Fee – Certified Seeds – Show Cause Notices – Appellants dealing in certified seeds challenged show cause notices for market fee under Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 – High Court dismissed suits challenging notices, made observations on merits – Supreme Court held High Court should not have gone into merits while deciding validity of notices – Directed Market ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3630 AND 3631 OF 2007 Docid 2011 LEJ Civil SC 657628

(5) CENTRE FOR PIL AND ANOTHER … Vs. UNION OF INDIA (UOI) AND ANOTHER …RESPONDENT D.D 03/03/2011

Appointment of Central Vigilance Commissioner – Legality – Shri P.J. Thomas appointed as CVC on recommendation by High Powered Committee (HPC) – Petitioners challenged appointment due to pending criminal case and alleged violation of institutional integrity – Supreme Court held that while personal integrity of candidate is important, institutional integrity must also be considered – HPC&...

REPORTABLE # WRIT PETITION (C) NOS. 348 AND 355 OF 2010 Docid 2011 LEJ Civil SC 257115

(6) T.V. VENUGOPAL … Vs. USHODAYA ENTERPRISES LTD. AND ANOTHER …RESPONDENTS D.D 03/03/2011

Trade Marks – Passing Off – Distinctiveness – Appellant adopted the mark 'Eenadu' for incense sticks, while Respondent claimed exclusive rights over the mark due to its use in the title of their newspaper and other businesses – Respondent alleged infringement and passing off – Courts evaluated whether 'Eenadu' had acquired a secondary meaning associated with Responden...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6314-15 OF 2001 Docid 2011 LEJ Civil SC 448751

(7) PRAHALAD PATEL … Vs. STATE OF MADHYA PRADESH …RESPONDENT D.D 02/03/2011

Criminal Law – Murder – Section 302 IPC – Appellant convicted for murder of Daulat following a prior altercation – Eye-witness testimony from Nanhebhai (PW-1) consistent with medical evidence – Discrepancies in injury reports by two doctors deemed immaterial as fatal injuries consistent – High Court upheld trial court’s findings – Supreme Court found no reason to interfere with con...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1209 OF 2007 Docid 2011 LEJ Crim SC 492514

(8) KUSUM LATA AND OTHERS … Vs. SATBIR AND OTHERS …RESPONDENT D.D 02/03/2011

Motor Accident Claims – Evidence and Proof – Claim for compensation denied by Tribunal and High Court due to absence of vehicle number in FIR – Supreme Court held non-mention of vehicle number understandable given urgency of situation – Reliable eyewitness testimony (Dheeraj Kumar) corroborated vehicle involvement – Standard of proof in accident claims based on preponderance of probabili...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2269 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 24432/10) Docid 2011 LEJ Civil SC 702180

(9) STATE OF RAJASTHAN … Vs. MAHESH KUMAR SHARMA …RESPONDENT D.D 02/03/2011

Medical Reimbursement – Rajasthan Civil Services (Medical Attendance) Rules – Respondent, a government employee, underwent emergency heart surgery at Escort Heart Institute, New Delhi while on leave – Claimed full reimbursement from the State of Rajasthan – State reimbursed Rs. 50,000 as per rules – Respondent's writ petition allowed by Single Judge and upheld by Division Bench, dir...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2278 OF 2011 (ARISING OUT OF SLP (C) NO. 2888 OF 2008) Docid 2011 LEJ Civil SC 552301