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) PAWAN PRATAP SINGH AND OTHERS … Vs. REEVAN SINGH AND OTHERS …RESPONDENT(S) D.D 10/02/2011 SUPREME COURT OF INDIA

Service Law – Seniority – Inter Se Seniority – Appellants appointed as Deputy Jailors in 1991 through the Selection Commission – Respondents appointed in 1994 through UPPSC based on selection process initiated in 1987 – High Court held respondents senior – Supreme Court reversed – Held 1991 appointees senior to 1994 appointees based on date of substantive appointment [Paras 1-33].Rul...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9906, 9907, AND 9908 OF 2003 Docid 2011 LEJ Civil SC 538994

(2) THE COMMISSIONER OF CENTRAL EXCISE VISAKHAPATNAM … Vs. MEHTA AND CO. …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Excise Duty – Limitation – Show cause notice issued to respondent on 15.05.2000 for excise duty evasion – Tribunal held demand time-barred – Supreme Court reversed – Found intention to evade excise duty, invoking proviso to Section 11A of the Act – Cause of action date attributed to 1997; notice within five-year limitation period [Paras 1-24].Immovable vs. Movable Property – Items fa...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 1090 OF 2009 Docid 2011 LEJ Civil SC 923721

(3) V.S. ACHUTHANANDAN … Vs. R. BALAKRISHNA PILLAI AND OTHERS …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Criminal Law – Conspiracy and Breach of Trust – High Court acquitted accused citing insufficient evidence – Supreme Court found ample material showing criminal conspiracy to award contract at exorbitant rates causing loss to the Board – Evidence established accused’s involvement in manipulation of tender process and acceptance of special conditions favoring contractor [Paras 1-24, 46-48]...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 350 OF 2006 Docid 2011 LEJ Crim SC 956671

(4) SRI INDRA DAS … Vs. STATE OF ASSAM …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Criminal Law – Confession and Evidence – Appellant convicted under TADA based solely on retracted confession – Confession not corroborated by any material evidence – Supreme Court reiterated that confession to police without corroboration is a weak form of evidence – Conviction based solely on such confession not sustainable [Paras 1-7].Membership in Banned Organization – Section 3(5) ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 1383 OF 2007 Docid 2011 LEJ Crim SC 635760

(5) RAVINDER RAJ … Vs. COMPETENT MOTORS CO. PVT. LTD. AND ANOTHER …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Consumer Protection – Increased Excise Duty – Appellant booked a Maruti Car-800 and paid the full amount – Delivery delayed due to reasons not attributable to the appellant – Price of vehicle increased due to hike in excise duty – National Consumer Commission held appellant liable to pay increased price – Supreme Court upheld National Commission's decision [Paras 1-15].Sales Contr...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS. 10364 OF 2006 AND 9739-9740 OF 2009 Docid 2011 LEJ Civil SC 839967

(6) PAWAN PRATAP SINGH AND OTHERS … Vs. REEVAN SINGH AND OTHERS …RESPONDENT(S) D.D 10/02/2011 SUPREME COURT OF INDIA

Service Law – Seniority – Inter Se Seniority – Appellants appointed as Deputy Jailors in 1991 through the Selection Commission – Respondents appointed in 1994 through UPPSC based on selection process initiated in 1987 – High Court held respondents senior – Supreme Court reversed – Held 1991 appointees senior to 1994 appointees based on date of substantive appointment [Paras 1-33].Rul...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9906, 9907, AND 9908 OF 2003 Docid 2011 LEJ Civil SC 181058

(7) THE COMMISSIONER OF CENTRAL EXCISE VISAKHAPATNAM … Vs. MEHTA AND CO. …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Excise Duty – Limitation – Show cause notice issued to respondent on 15.05.2000 for excise duty evasion – Tribunal held demand time-barred – Supreme Court reversed – Found intention to evade excise duty, invoking proviso to Section 11A of the Act – Cause of action date attributed to 1997; notice within five-year limitation period [Paras 1-24].Immovable vs. Movable Property – Items fa...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 1090 OF 2009 Docid 2011 LEJ Civil SC 333753

(8) V.S. ACHUTHANANDAN … Vs. R. BALAKRISHNA PILLAI AND OTHERS …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Criminal Law – Conspiracy and Breach of Trust – High Court acquitted accused citing insufficient evidence – Supreme Court found ample material showing criminal conspiracy to award contract at exorbitant rates causing loss to the Board – Evidence established accused’s involvement in manipulation of tender process and acceptance of special conditions favoring contractor [Paras 1-24, 46-48]...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 350 OF 2006 Docid 2011 LEJ Crim SC 965905

(9) SRI INDRA DAS … Vs. STATE OF ASSAM …RESPONDENT D.D 10/02/2011 SUPREME COURT OF INDIA

Criminal Law – Confession and Evidence – Appellant convicted under TADA based solely on retracted confession – Confession not corroborated by any material evidence – Supreme Court reiterated that confession to police without corroboration is a weak form of evidence – Conviction based solely on such confession not sustainable [Paras 1-7].Membership in Banned Organization – Section 3(5) ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 1383 OF 2007 Docid 2011 LEJ Crim SC 940239