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) THE STATE OF MAHARASHTRA AND OTHERS … Vs. ARK BUILDERS PVT. LTD. …RESPONDENT D.D 28/02/2011

Arbitration – Limitation Period for Setting Aside Award – The Supreme Court clarified that the limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996 starts from the date a signed copy of the award is delivered to the party, not from any earlier date when an unsigned copy or information about the award is received. The Court emphasized the necessity of a signed cop...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2152 OF 2011 (ARISING OUT OF S.L.P. (CIVIL) NO. 14308 OF 2010) Docid 2011 LEJ Civil SC 582951

(2) RANU HAZARIKA AND OTHERS …APPELLANT(S) Vs. STATE OF ASSAM AND OTHERS …RESPONDENT(S) D.D 28/02/2011

Education Law – Teacher Training Regulations – The Assam Elementary Education (Provincialization) (Amendment) Rules 2005 were declared ultra vires the NCTE Act. The rules provided preference for trained teachers rather than mandating training as required by the NCTE regulations. The Supreme Court upheld the High Court's decision that such preference was insufficient to meet the statutory ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2153 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 17397 OF 2009) WITH CIVIL APPEAL NOS. 2154-2167 OF 2011 (ARISING OUT OF S.L.P. (C) NO'S. 19816-19829 OF 2009) AND CIVIL APPEAL NOS. 2168-2170 OF 2011 (ARISING OUT OF S.L.P. (C) NO'S. 10052-10054 OF 2010) Docid 2011 LEJ Civil SC 955047

(3) UNION OF INDIA (UOI) AND OTHERS … Vs. MANAB KUMAR GUHA …RESPONDENT D.D 28/02/2011

Service Law – Compulsory Retirement – The appellant, Union of India, contested the decision of the Calcutta High Court, which set aside the compulsory retirement of a Railway Protection Force constable, Manab Kumar Guha. The constable was accused of robbery and assault while on duty. The disciplinary authority had imposed the penalty of removal from service, later modified to compulsory retire...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2175 OF 2011 (ARISING OUT OF SLP (C) NO. 1314 OF 2008) Docid 2011 LEJ Civil SC 786781

(4) MUSTAN TAHERBHAI … Vs. COMMNR. OF CENTRAL EXCISE AND CUSTOMS …RESPONDENT D.D 28/02/2011

Customs Duty – Levy on Indian-Built Ships – The Supreme Court remanded the case back to the Customs Excise and Gold (Control) Appellate Tribunal for fresh consideration, emphasizing that the Tribunal failed to adhere to the directions of the Supreme Court to first ascertain the factual background before determining the legal issue of duty liability. The vessel, manufactured in India and sold f...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3788 OF 2003 Docid 2011 LEJ Civil SC 248636

(5) THE STATE OF MAHARASHTRA AND OTHERS … Vs. ARK BUILDERS PVT. LTD. …RESPONDENT D.D 28/02/2011

Arbitration – Limitation Period for Setting Aside Award – The Supreme Court clarified that the limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996 starts from the date a signed copy of the award is delivered to the party, not from any earlier date when an unsigned copy or information about the award is received. The Court emphasized the necessity of a signed cop...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2152 OF 2011 (ARISING OUT OF S.L.P. (CIVIL) NO. 14308 OF 2010) Docid 2011 LEJ Civil SC 101097

(6) RANU HAZARIKA AND OTHERS …APPELLANT(S) Vs. STATE OF ASSAM AND OTHERS …RESPONDENT(S) D.D 28/02/2011

Education Law – Teacher Training Regulations – The Assam Elementary Education (Provincialization) (Amendment) Rules 2005 were declared ultra vires the NCTE Act. The rules provided preference for trained teachers rather than mandating training as required by the NCTE regulations. The Supreme Court upheld the High Court's decision that such preference was insufficient to meet the statutory ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2153 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 17397 OF 2009) WITH CIVIL APPEAL NOS. 2154-2167 OF 2011 (ARISING OUT OF S.L.P. (C) NO'S. 19816-19829 OF 2009) AND CIVIL APPEAL NOS. 2168-2170 OF 2011 (ARISING OUT OF S.L.P. (C) NO'S. 10052-10054 OF 2010) Docid 2011 LEJ Civil SC 184372

(7) UNION OF INDIA (UOI) AND OTHERS … Vs. MANAB KUMAR GUHA …RESPONDENT D.D 28/02/2011

Service Law – Compulsory Retirement – The appellant, Union of India, contested the decision of the Calcutta High Court, which set aside the compulsory retirement of a Railway Protection Force constable, Manab Kumar Guha. The constable was accused of robbery and assault while on duty. The disciplinary authority had imposed the penalty of removal from service, later modified to compulsory retire...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2175 OF 2011 (ARISING OUT OF SLP (C) NO. 1314 OF 2008) Docid 2011 LEJ Civil SC 812585

(8) MUSTAN TAHERBHAI … Vs. COMMNR. OF CENTRAL EXCISE AND CUSTOMS …RESPONDENT D.D 28/02/2011

Customs Duty – Levy on Indian-Built Ships – The Supreme Court remanded the case back to the Customs Excise and Gold (Control) Appellate Tribunal for fresh consideration, emphasizing that the Tribunal failed to adhere to the directions of the Supreme Court to first ascertain the factual background before determining the legal issue of duty liability. The vessel, manufactured in India and sold f...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3788 OF 2003 Docid 2011 LEJ Civil SC 158423

(9) ASHOK TSHERING BHUTIA … Vs. STATE OF SIKKIM …RESPONDENT D.D 25/02/2011

Criminal Law – Disproportionate Assets – Appellant, a police officer, convicted for possession of assets disproportionate to known sources of income. Alleged assets valued at Rs. 18,25,098.69. High Court and Special Judge upheld conviction under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. Supreme Court examined procedural errors and validity of evidence,...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 945 OF 2003 Docid 2011 LEJ Crim SC 272900