Limitation Act | Litigant Cannot Be Punished For Court's Own Docket Load: J&K High Court Illicit Affair Alone Cannot Make a Man Guilty of Abetting Suicide: Supreme Court Quashes Charge Under Section 306 IPC Landlord Cannot Be Punished for Slowness of Courts: Supreme Court on Bonafide Need in Eviction Suits Expect States To Enact Laws Regulating Unlicensed Money Lenders Charging Exorbitant Interest Contrary To 'Damdupat': Supreme Court Accused Who Skips Lok Adalat After Seeking It, Then Cries 'Prejudice', Cannot Claim Apprehension of Denial of Justice: Madras High Court Refuse To Transfer Case IO Cannot Act Without Prior Sanction: Gujarat High Court Grants Bail, Flags Procedural Lapse in Religious Conversion Case Electricity Board Strictly Liable For Unprotected Transformer, 7-Year-Old Cannot Be Guilty Of Contributory Negligence: Allahabad High Court POCSO Conviction Can't Stand For Offence Not Charged: Delhi High Court Member of Unlawful Assembly Cannot Escape Conviction By Claiming He Only Carried a Lathi and Struck No One: Allahabad High Court Jurisdiction Cannot Be Founded On Casual Or Incidental Facts If Not Have A Direct Nexus With The Lis: : Delhi High Court Clause Stating Disputes "Can" Be Settled By Arbitration Is Not A Binding Arbitration Agreement: Supreme Court State Cannot Plead Helplessness Against Sand Mafia; Supreme Court Warns Of Paramilitary Deployment, Complete Mining Ban In MP & Rajasthan Authority Cannot Withdraw Subsidy Citing Non-Compliance When It Ignored Repeated Requests For Inspection: Supreme Court Out-of-State SC/ST/OBC Candidates Cannot Claim Rajasthan's Reservation Benefits in NEET PG Counselling: Rajasthan High Court Supreme Court Upholds Haryana's Regularisation Of Qualified Ad Hoc Staff As 'One-Time Measure', Strikes Down Futuristic Cut-Offs

(1) SAJJAN SHARMA … Vs. STATE OF BIHAR …RESPONDENT D.D 07/01/2011

Criminal Law - Conviction for Murder - Appellate Review - Benefit of Doubt -Appeal against the conviction under Section 302 IPC and Section 27 of the Arms Act - Appellant not named in the FIR and belated identification by eyewitnesses - Held, in light of discrepancies and lack of concrete evidence directly implicating the appellant at the crime scene, conviction cannot be sustained - Appellant gra...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1283 OF 2010 Docid 2011 LEJ Crim SC 185913

(2) JT. COMMISSIONER OF INCOME TAX, MUMBAI …APPELLANT Vs. ROLTA INDIA LTD. …RESPONDENT D.D 07/01/2011

Income Tax - Advance Tax - Liability to Pay - Civil Appeals addressing whether interest under Section 234B can be levied on tax calculated based on book profits under Section 115JA of the Income Tax Act, 1961 - Whether advance tax was payable on book profits under Section 115JA. [Paras 1-10]Provisions Interpretation - Sections 115JA and 115JB - Held - Specific provisions for MAT (Minimum Alternate...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 135 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 25746 OF 2009) WITH CIVIL APPEAL NO. 136 OF 2011 (ARISING OUT S.L.P. (C) NO. 18367 OF 2010) CIVIL APPEAL NO. 459 OF 2006 CIVIL APPEAL NO. 7429 OF 2008 Docid 2011 LEJ Civil SC 470800

(3) NEW INDIA ASSURANCE COMPANY LTD. … Vs. YADU SAMBHAJI MORE AND OTHERS …RESPONDENT D.D 07/01/2011

Motor Vehicles Act - Accident Arising Out of Use of Motor Vehicle - Civil Appeal against High Court decision allowing compensation for victims of a fire and explosion following a road accident involving a petrol tanker - Supreme Court upholds High Court’s decision based on precedent.Interpretation of 'Use of Motor Vehicle' - Held - Explosion and fire in the petrol tanker resulting from...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3744 OF 2005 Docid 2011 LEJ Civil SC 255496

(4) UNITED RICELAND LTD. … Vs. STATE OF HARYANA AND ANOTHER …RESPONDENT(S) D.D 07/01/2011

Tax Law – Constitutional Validity of Retrospective Amendment – Civil appeal questioning the constitutional validity of the Haryana General Sales Tax (Amendment) Act 9 of 1993, substituting Section 15A with retrospective effect from 27th May 1971 – High Court dismissed writ petition on grounds of delay and statutory remedy – Supreme Court upheld constitutional validity based on precedent se...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3463 OF 2003 Docid 2011 LEJ Civil SC 344177

(5) AUTOMOTIVE TYRE MANUFACTURERS ASSOCIATION … Vs. THE DESIGNATED AUTHORITY AND OTHERS …RESPONDENT(S) D.D 07/01/2011

Customs - Anti-dumping Duty - Quasi-judicial Nature of DA’s Functions - Appeal against CESTAT's affirmation of anti-dumping duty imposition - DA's investigation involves adjudication on the basis of objective criteria and material submitted by interested parties - Held, DA performs quasi-judicial functions and must follow principles of natural justice, including providing opportunity f...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 949 OF 2007, 2115 OF 2006, AND 8012 OF 2010 Docid 2011 LEJ Civil SC 198184

(6) DAYA NAND … Vs. STATE OF HARYANA …RESPONDENT D.D 07/01/2011

Juvenile Justice - Determination of Juvenility - Appeal - Appellant's plea of juvenility raised before Supreme Court - Initial finding of Principal Magistrate, Juvenile Justice Court, Narnaul, that appellant was a juvenile - Sessions Judge, Narnaul, reversed finding based on date of birth in Deaths and Births Register - High Court upheld Sessions Judge's finding - Supreme Court reconside...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 30 OF 2011 (ARISING OUT OF SLP (CRIMINAL) NO. 808 OF 2010) Docid 2011 LEJ Crim SC 281778

(7) UNNI MENON … Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT(S) D.D 07/01/2011

Administrative Law - Promotion and Cadre Classification - Appeal against High Court's decision reversing CAT's order granting promotion - Appellant sought parity in promotional designations and pay with counterparts in Indian Audit and Accounts Department under Official Memorandum dated 22nd September, 1992 - High Court held CAT not an 'Organized Accounts Cadre' - Supreme Court...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7113 OF 2005 Docid 2011 LEJ Civil SC 200948

(8) SAJJAN SHARMA … Vs. STATE OF BIHAR …RESPONDENT D.D 07/01/2011

Criminal Law - Conviction for Murder - Appellate Review - Benefit of Doubt -Appeal against the conviction under Section 302 IPC and Section 27 of the Arms Act - Appellant not named in the FIR and belated identification by eyewitnesses - Held, in light of discrepancies and lack of concrete evidence directly implicating the appellant at the crime scene, conviction cannot be sustained - Appellant gra...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1283 OF 2010 Docid 2011 LEJ Crim SC 167447

(9) JT. COMMISSIONER OF INCOME TAX, MUMBAI …APPELLANT Vs. ROLTA INDIA LTD. …RESPONDENT D.D 07/01/2011

Income Tax - Advance Tax - Liability to Pay - Civil Appeals addressing whether interest under Section 234B can be levied on tax calculated based on book profits under Section 115JA of the Income Tax Act, 1961 - Whether advance tax was payable on book profits under Section 115JA. [Paras 1-10]Provisions Interpretation - Sections 115JA and 115JB - Held - Specific provisions for MAT (Minimum Alternate...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 135 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 25746 OF 2009) WITH CIVIL APPEAL NO. 136 OF 2011 (ARISING OUT S.L.P. (C) NO. 18367 OF 2010) CIVIL APPEAL NO. 459 OF 2006 CIVIL APPEAL NO. 7429 OF 2008 Docid 2011 LEJ Civil SC 309918