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 Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court

(1) KOKA SURYANARAYANA RAO AND OTHERS … Vs. LAND ACQUISITION OFFICER AND REV. DIV. OFFICER, A.P. …RESPONDENT D.D 17/03/2011

Land Acquisition – Execution of Compensation Awards – Appeals against the High Court's decision allowing civil revision petitions by the Land Acquisition Officer – High Court's judgment interfered with the Executing Court’s orders accepting the appellants' calculations for compensation – Supreme Court found that APSRTC had previously failed to challenge these calculations,...

REPORTABLE # CIVIL APPEAL NO. 2565-2571 OF 2011 (ARISING OUT OF SLP (C) NOS. 30531-30537 OF 2009) Docid 2011 LEJ Civil SC 627843

(2) THE MUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER … Vs. YESHWANT JAGANNATH VAITY AND OTHERS …RESPONDENT D.D 17/03/2011

Development Control Regulations – Additional TDR – Appeal by MCGB against the High Court’s decision directing the grant of additional TDR for courtyard development – Supreme Court upheld High Court’s judgment, emphasizing compliance with Regulation 34 and Appendix VII – Circular issued by MCGB restricting TDR was deemed non-applicable retroactively [Paras 2-24].Amenity – Definition a...

REPORTABLE # CIVIL APPEAL NO. 2575 OF 2011 (ARISING OUT OF SLP (C) NO. 31645 OF 2009) Docid 2011 LEJ Civil SC 987629

(3) COMMERCIAL TAXES OFFICER …APPELLANT Vs. JALANI ENTERPRISES …RESPONDENT D.D 17/03/2011

Sales Tax – Classification of Goods – Appeals by the Commercial Taxes Officer challenging the High Court’s decision that classified 'Jaljira' as not being a 'masala' and therefore taxable at a general rate of 10% instead of 16% – Supreme Court reversed the High Court’s decision, ruling that 'Jaljira' is a packed masala and taxable at 16% [Paras 3-20].Interpr...

REPORTABLE # CIVIL APPEAL NO. 2558 OF 2011 (ARISING OUT OF SLP (C) NO. 11358 OF 2008) CIVIL APPEAL NO. 2559 OF 2011 (ARISING OUT OF SLP (C) NO. 15883 OF 2008) CIVIL APPEAL NO. 2561 OF 2011 (ARISING OUT OF SLP (C) NO. 27432 OF 2008) CIVIL APPEAL NO. 2562 OF 2011 (ARISING OUT OF SLP (C) NO. 27433 OF 2008) CIVIL APPEAL NO. 2563 OF 2011 (ARISING OUT OF SLP (C) NO. 4304 OF 2009) Docid 2011 LEJ Civil SC 220802

(4) COMMR. OF POLICE AND OTHERS … Vs. SANDEEP KUMAR …RESPONDENT D.D 17/03/2011

Employment Law – Concealment of Criminal Case – Respondent’s candidature for Head Constable cancelled due to non-disclosure of involvement in a criminal case, later acquitted – Delhi High Court quashed the cancellation, Supreme Court upheld the decision – Court emphasized youthful indiscretions should not permanently brand individuals as criminals, highlighting reformation over punishmen...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1430 OF 2007 Docid 2011 LEJ Civil SC 283038

(5) B. PREMANAND AND OTHERS … Vs. MOHAN KOIKAL AND OTHERS …RESPONDENT D.D 16/03/2011

Service Law – Seniority – Interpretation of Rules – The appeal concerns the interpretation of Rule 27(c) of the Kerala State and Subordinate Services Rules, 1958, determining seniority based on the date of first effective advice by the Public Service Commission for appointment – Appellants, being SC/ST candidates, were advised earlier and hence claimed seniority over general category respo...

REPORTABLE # CIVIL APPEAL NO. 2684 OF 2007 Docid 2011 LEJ Civil SC 784865

(6) COMMISSIONER OF COMMERCIAL TAXES AND OTHERS … Vs. CHITRAHAR TRADERS …RESPONDENT D.D 16/03/2011

Tax Law – Sales Tax – Classification of Goods – The appeal dealt with the classification of plant and machinery sold as scrap by NLC through MSTC and the applicable sales tax rate – The core issue was whether the goods sold should be taxed as scrap at 4% or as plant and machinery at 12% with a 5% surcharge [Paras 4-9].Public Sector Sale – Nature of Goods – Despite being initially descr...

REPORTABLE # CIVIL APPEAL NO. 2686 OF 2011 (ARISING OUT OF SLP (C) NO. 34840 OF 2010) Docid 2011 LEJ Civil SC 404570

(7) GUFFIC CHEM P. LTD. …APPELLANT Vs. COMMISSIONER OF INCOME TAX BELGAUM AND ANOTHER …RESPONDENT D.D 16/03/2011

Income Tax – Non-Competition Fee – Appeal by assessee challenging High Court decision that classified a non-competition fee as a revenue receipt – Supreme Court clarifies dichotomy between compensation for loss of agency (revenue receipt) and compensation for restrictive covenant (capital receipt) – High Court misinterpreted the precedent, failing to appreciate that payment under a negativ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2522 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 6081 OF 2010) WITH CIVIL APPEAL NO. 2523 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 222 OF 2011) Docid 2011 LEJ Civil SC 775691

(8) UNION OF INDIA (UOI) AND OTHERS … Vs. S.K. KAPOOR …RESPONDENT D.D 16/03/2011

Principles of Natural Justice – Supply of UPSC Report – The respondent was dismissed for absence without leave, but the dismissal was quashed by the CAT, directing the supply of the UPSC report to the respondent – High Court upheld the CAT's order – Supreme Court emphasized that materials relied upon in departmental proceedings must be supplied in advance to the charge-sheeted employe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5341 OF 2006 Docid 2011 LEJ Civil SC 466829

(9) DESIYA MURPOKKU DRAVIDA KAZHAGAM AND ANOTHER … Vs. THE ELECTION COMMISSION OF INDIA …RESPONDENT D.D 16/03/2011

Election Symbols – Recognition of Political Parties – Petitioners challenged the provisions of the Election Symbols (Reservation and Allotment) Order, 1968, arguing it negatively impacted the recognition of state parties – The Supreme Court refused to stay the impugned provisions but noted the significant role of election symbols in the electoral process – Emphasized need for fair symbol a...

REPORTABLE # WRIT PETITION (C) NOS. 532 OF 2008, 132, 315, 422, 426, 444, 447, 454, AND 463 OF 2009, 111 AND 117 OF 2011, AND S.L.P. (C) NOS. 23494 AND 7379-80 OF 2009 Docid 2011 LEJ Civil SC 703598