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) CHOWDHURY NAVIN HEMABHAI AND OTHERS ... Vs. THE STATE OF GUJARAT AND OTHERS ...RESPONDENT(S) D.D 18/02/2011 SUPREME COURT OF INDIA

Medical Education – Eligibility Criteria – MCI vs. State Rules- The Supreme Court examined the conflict between the eligibility criteria for MBBS admissions prescribed by the MCI Regulations and the State Rules 2008. It held that the MCI Regulations prevail over the State Rules, and admissions made under the latter cannot be upheld if they do not conform to the former [Paras 9-11].Discharge of...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1925 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 29216 OF 2009) Docid 2011 LEJ Civil SC 169349

(2) RADHESHYAM KEJRIWAL ... Vs. STATE OF WEST BENGAL AND ANOTHER ...RESPONDENT D.D 18/02/2011 SUPREME COURT OF INDIA

FERA Prosecution – Effect of Adjudication Exoneration- The Supreme Court considered whether the exoneration of the appellant in the adjudication proceedings under Section 51 of FERA prevents his prosecution under Section 56 of FERA. It was held that while adjudication proceedings and criminal prosecution can run concurrently, the exoneration in the adjudication proceedings on merits impacts the ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1097 OF 2003 Docid 2011 LEJ Crim SC 767602

(3) BHARAT SANCHAR NIGAM LIMITED … Vs. GHANSHYAM DASS AND OTHERS …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Employment Law – Promotion Criteria – Appeal involving the interpretation of promotion criteria under the BCR Scheme for employees of the Department of Telecommunications – High Court upheld Tribunal’s decision to promote employees based on seniority in the basic grade – Supreme Court set aside High Court and Tribunal orders, ruling that promotions should be as per seniority in Grade-III...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4369 OF 2006 Docid 2011 LEJ Civil SC 646134

(4) ELECTRONICS CORPORATION OF INDIA LTD. …APPELLANT Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Excise Law – MODVAT/Cenvat Credit – Appellant, a PSU, challenged the reversal of credit on inputs written off as per financial standards – Adjudicating authority rejected the appellant's argument, leading to the appeal – Tribunal’s refusal to grant clearance contrasted with another PSU’s similar case receiving clearance – Supreme Court considered inconsistencies in the Committee...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1883 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 2538 OF 2009) WITH CIVIL APPEAL NO. 1903 OF 2008 Docid 2011 LEJ Civil SC 749105

(5) P.S. SOMANATHAN AND OTHERS … Vs. DISTRICT INSURANCE OFFICER AND ANOTHER …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Motor Vehicles Act – Compensation Calculation – Appeal against the reduction of compensation awarded by MACT – High Court reduced multiplier applied by MACT from 16 to 5 – Supreme Court reinstated MACT’s award, emphasizing the correct application of the multiplier method in accordance with Sarla Verma guidelines [Paras 1-26].Multiplier Method – Dependency Calculation – Supreme Court ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1891 OF 2011 (ARISING OUT OF SLP (CIVIL) NO. 13771 OF 2010) Docid 2011 LEJ Civil SC 324682

(6) UNION OF INDIA (UOI) …APPELLANT Vs. GIANI …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Land Acquisition – Compensation under Section 23(1A) – Appeals against the High Court's award of compensation under Section 23(1A) – Supreme Court examined applicability of amendments to the Land Acquisition Act, specifically Section 23(1A), in cases where awards were made before the effective date of the amendment [Paras 1-8].Amendment Applicability – Pending Proceedings – Supreme ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1884 OF 2011 (ARISING OUT OF SLP (C) NO. 21343 OF 2004) WITH CIVIL APPEAL NO. 1885 OF 2011 (ARISING OUT OF SLP (C) NO. 21344 OF 2004) WITH CIVIL APPEAL NO. 1886 OF 2011 (ARISING OUT OF SLP (C) NO. 22631 OF 2004) WITH CIVIL APPEAL NO. 1887 OF 2011 (ARISING OUT OF SLP (C) NO. 14207 OF 2005) Docid 2011 LEJ Civil SC 664635

(7) BHARAT SANCHAR NIGAM LIMITED … Vs. GHANSHYAM DASS AND OTHERS …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Employment Law – Promotion Criteria – Appeal involving the interpretation of promotion criteria under the BCR Scheme for employees of the Department of Telecommunications – High Court upheld Tribunal’s decision to promote employees based on seniority in the basic grade – Supreme Court set aside High Court and Tribunal orders, ruling that promotions should be as per seniority in Grade-III...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4369 OF 2006 Docid 2011 LEJ Civil SC 766604

(8) ELECTRONICS CORPORATION OF INDIA LTD. …APPELLANT Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Excise Law – MODVAT/Cenvat Credit – Appellant, a PSU, challenged the reversal of credit on inputs written off as per financial standards – Adjudicating authority rejected the appellant's argument, leading to the appeal – Tribunal’s refusal to grant clearance contrasted with another PSU’s similar case receiving clearance – Supreme Court considered inconsistencies in the Committee...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1883 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 2538 OF 2009) WITH CIVIL APPEAL NO. 1903 OF 2008 Docid 2011 LEJ Civil SC 207242

(9) P.S. SOMANATHAN AND OTHERS … Vs. DISTRICT INSURANCE OFFICER AND ANOTHER …RESPONDENT D.D 17/02/2011 SUPREME COURT OF INDIA

Motor Vehicles Act – Compensation Calculation – Appeal against the reduction of compensation awarded by MACT – High Court reduced multiplier applied by MACT from 16 to 5 – Supreme Court reinstated MACT’s award, emphasizing the correct application of the multiplier method in accordance with Sarla Verma guidelines [Paras 1-26].Multiplier Method – Dependency Calculation – Supreme Court ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1891 OF 2011 (ARISING OUT OF SLP (CIVIL) NO. 13771 OF 2010) Docid 2011 LEJ Civil SC 214265