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 Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

(1) HARICHARAN AND ANOTHER … Vs. STATE OF MADHYA PRADESH AND OTHERS …RESPONDENT(S) D.D 09/03/2011

Custodial Violence and Death – High Court convicted appellants for custodial death, reversing the trial court's acquittal – Supreme Court upheld the conviction, emphasizing that custodial torture, especially resulting in death, violates Articles 21 and 22(1) of the Constitution and the principles established in D.K. Basu v. State of West Bengal – Appellants subjected Mathura to electric...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 581 OF 2003 Docid 2011 LEJ Crim SC 319572

(2) 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

(3) 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

(4) 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

(5) 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

(6) 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

(7) 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

(8) 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

(9) 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