Service Law | Procedural Violation In Domestic Inquiry Not Fatal Unless Delinquent Proves Real Prejudice: Bombay High Court Indian Succession Act | Unequal Disposition Or Exclusion Of Legal Heir Does Not Invalidate Will If Due Execution Proved: Madras High Court Civil Services Rules | Seniority Counts From Initial Appointment If Normal Probation Completed Without Extension; Minor Penalty Cannot Depress Rank: High Court Pre-Arrest Bail Under Section 31 DV Act Cannot Be Denied If Accused Had No Notice Of Protection Order: Kerala High Court Section 50 NDPS Act Applies Only To Personal Search, Inapplicable To Search Of Bag Carried By Accused: Himachal Pradesh High Court Railway Rolling Stock Transfers to IRFC Must Be Classified to Determine Sales Tax Liability Under Delhi Sales Tax Act: Delhi High Court No Contributory Negligence Can Be Attributed To Pillion Rider In Road Accident: Karnataka High Court Nasha Mukti Center Cannot Detain Adult Based Merely On Spouse's Consent Without Medical Mandate: Madhya Pradesh High Court Punjab Land Revenue Act | Revenue Officer Must Strictly Adhere To Approved Mode Of Partition Verbatim: Punjab & Haryana High Court Labour Court Can Draw Adverse Inference Against Employer For Non-Production Of Employment Records: P&H High Court Closure Of Evidence | Past Conduct Prior To Deposition Irrelevant For Deciding Plea To Adduce Further Evidence: Orissa High Court Supreme Court's Mandate In 'Mihir Rajesh Shah' On Supplying Written Grounds Of Arrest Applies Prospectively: Punjab & Haryana High Court Allegations Of Forceful Sexual Intercourse Raised After 14 Years Of Marriage Without Complaints Cannot Constitute Cruelty Under Section 13(1)(ia) Hindu Marriage Act: Telangana High Court Punjab Municipal Act | Municipality Alleging Unauthorised Construction Must Prove Violation By Cogent Evidence, Injunction Suit Maintainable Without Sec 49 Notice: P&H High Court Arbitration Act | Limitation To Challenge Award Commences From Date Certified Copy Is Obtained If Signed Copy Not Delivered Under Section 31(5): Madhya Pradesh High Court Pension Regulations | Voluntary Retirement Weightage Cannot Be Claimed By Employees Retired Prematurely Under Regulation 19(1): Telangana High Court Compassionate Appointment Cannot Be Denied Solely Due To Marital Status; Judicial Declaration Operates Retrospectively: Allahabad High Court Transfer Of Female Employees With Infants | Administrative Exigency Must Yield To Constitutional Right Of Motherhood And Child Welfare: Rajasthan High Court Consumer Protection Act | Summary Jurisdiction Cannot Resolve Complex Factual Disputes Requiring Detailed Evidence & Cross-Examination: Punjab State Consumer Commission

(1) RAM NARAYAN TIWARI … Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT D.D 21/02/2011 SUPREME COURT OF INDIA

Military Law – Scale of Punishment – Authority of Confirming Authority – The appellant, a Corporal in the Indian Air Force, was initially sentenced to three months' detention for misconduct. The Confirming Authority commuted this sentence to dismissal from service. The Supreme Court upheld this decision, affirming that the Confirming Authority acted within its powers under the Air Force...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1978 OF 2011 (ARISING OUT OF SLP (C) NO. 15218 OF 2007) Docid 2011 LEJ Civil SC 144720

(2) SUDHIR KUMAR CONSUL … Vs. ALLAHABAD BANK …RESPONDENT D.D 21/02/2011 SUPREME COURT OF INDIA

Pension Rights – Eligibility and Cut-off Dates – The appellant challenged the denial of pensionary benefits under the Old Pension Scheme based on Regulation 46 of the 1979 Regulations, arguing that the regulation unjustly differentiated between officers appointed before and after 01.07.1979. The Supreme Court held that the regulation was valid, emphasizing that the cut-off date for eligibility...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1982-1983 OF 2011 (ARISING OUT OF SLP (C) NOS. 34172-34173 OF 2009) Docid 2011 LEJ Civil SC 340550

(3) STATE OF HARYANA AND OTHERS … Vs. MAHABIR VEGETABLE OILS PVT. LTD. …RESPONDENT D.D 21/02/2011 SUPREME COURT OF INDIA

Sales Tax Exemption – Applicability Post Policy Amendment – The appellant challenged the eligibility of the respondent for a sales tax exemption on investments made after the inclusion of solvent extraction plants in the negative list on 16.12.1996. The Supreme Court held that the exemption could only apply to investments made before the amendment, affirming that the State had the prerogative ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1977 OF 2011 (ARISING OUT OF SLP (C) NO. 16227 OF 2009) Docid 2011 LEJ Civil SC 321795

(4) UTTAM INDUSTRIES … Vs. COMMISSIONER OF CENTRAL EXCISE, HARYANA …RESPONDENT D.D 21/02/2011 SUPREME COURT OF INDIA

Excise Duty – Exemption Notification – Conditionality on MODVAT Credit – The appellant contested the denial of the benefit of the exemption notification, asserting compliance with conditions stipulated in both Notification No. 1/93 dated 28.02.1993 and the amended Notification No. 135/94-CE. The Supreme Court upheld the concurrent findings of the lower authorities and the Tribunal that the a...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3727 AND 3728 OF 2005 Docid 2011 LEJ Civil SC 652242

(5) UNION OF INDIA (UOI) AND OTHERS … Vs. IND-SWIFT LABORATORIES LTD. …RESPONDENT D.D 21/02/2011 SUPREME COURT OF INDIA

CENVAT Credit – Interest Liability – Date of Availment vs. Utilization – The Supreme Court addressed whether interest on wrongly availed CENVAT credit should be calculated from the date of wrongful availment or from the date of utilization. The Court held that interest is payable from the date the CENVAT credit is wrongly availed, aligning with Rule 14 of the CENVAT Credit Rules, which speci...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1976 OF 2011 (ARISING OUT OF SLP (C) NO. 5169 OF 2010) Docid 2011 LEJ Civil SC 532285

(6) RAM NARAYAN TIWARI … Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT D.D 21/02/2011 SUPREME COURT OF INDIA

Military Law – Scale of Punishment – Authority of Confirming Authority – The appellant, a Corporal in the Indian Air Force, was initially sentenced to three months' detention for misconduct. The Confirming Authority commuted this sentence to dismissal from service. The Supreme Court upheld this decision, affirming that the Confirming Authority acted within its powers under the Air Force...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1978 OF 2011 (ARISING OUT OF SLP (C) NO. 15218 OF 2007) Docid 2011 LEJ Civil SC 331934

(7) COMMISSIONER OF CUSTOMS … Vs. SAYED ALI AND ANOTHER …RESPONDENT D.D 18/02/2011 SUPREME COURT OF INDIA

Customs Law – Jurisdiction of Proper Officer – Appeals challenging the validity of show cause notices issued by the Commissioner of Customs (Preventive) under Section 28 – Tribunal had conflicting decisions on the jurisdiction of the Commissioner of Customs (Preventive) – Supreme Court clarified that only officers specifically assigned functions under Section 2(34) are "proper officer...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4294-4295 OF 2002 WITH CIVIL APPEAL NO. 4603-4604 OF 2005 Docid 2011 LEJ Civil SC 574615

(8) PRAGATI MAHILA MANDAL NANDED … Vs. MUNICIPAL COUNCIL NANDED AND OTHERS …RESPONDENT D.D 18/02/2011 SUPREME COURT OF INDIA

Public Interest Litigation – Continuation after Petitioner’s Death – Examined the procedural validity of continuing a PIL after the death of the sole petitioner – Court emphasized that laws of procedure should not obstruct substantial justice – Suggested practical steps for continuing PILs, including allowing applications from public-spirited individuals or suo moto cognizance by the cou...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2619 OF 2002 Docid 2011 LEJ Civil SC 448274

(9) SRI. K.R. MADHUSUDHAN AND OTHERS … Vs. THE ADMINISTRATIVE OFFICER AND ANOTHER …RESPONDENT D.D 18/02/2011 SUPREME COURT OF INDIA

Motor Vehicles Act – Compensation Calculation – Appellants challenged the reduction of compensation by the High Court – High Court had applied a split multiplier and did not account for future prospects – Supreme Court held that future prospects must be considered based on concrete evidence and rejected the High Court’s method of applying a split multiplier [Paras 3-15].Future Prospects ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1923-1924 OF 2011 (ARISING OUT OF SLP (CIVIL) NO. 16406-16407 OF 2010) Docid 2011 LEJ Civil SC 662185