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(1) COMMISSIONER OF SERVICE TAX DELHI Vs. QUICK HEAL TECHNOLOGIES LIMITED [SUPREME COURT OF INDIA] 05-08-2022
This appeal under Section 35L(b) of the Central Excise Act, 1944 (for short, ‘the Act 1944’), as made applicable to the service tax by Section 83 of Chapter V of the Finance Act, 1994 (for short, ‘the Act 1994’), is at the instance of the revenue and is directed against the order No. 50022/2020 dated 09.01.2020 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for

(2) RELIANCE INDUSTRIES LIMITED Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2022
Brief facts necessary for disposal of this appeal are that a complaint was filed on 21.01.2002 by one Shri S. Gurumurthy, with the Securities and Exchange Board of India [for short ‘the SEBI’] against Reliance Industries Ltd. [for short ‘RIL’], its associate companies and its directors, alleging that they fraudulently allotted 12 crore equity shares of RIL to entities purportedly connected with the promoters of RIL, which

(3) SHIRDI NAGAR PANCHAYAT, SHIRDI Vs. APPASAHEB NARAYAN CHAUDHARI AND OTHERS [SUPREME COURT OF INDIA] 05-08-2022
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.09.2021 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No. 5591/2018, by which the High Court has allowed the said writ petition and has directed the appellant herein – original respondent No.4 – Shirdi Nagar Panchayat, Shirdi to prepare the proposal for acquisition of the land in question, original respondent No. 4 – Shirdi Nagar Panchayat, Shirdi has preferred the present ap

(4) K. S. SAHU Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2022
Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 - Regulation 216 - Reversion of Navy Officer - Possession of objectionable articles including pornographic magazines - Conduct of the appellant as reflected from record, certainly supports the conclusion that he lacked the qualities which an officer of Navy must possess - Tribunal consisted of an administrative member who is an expert in the field as he was a Lieutenant General - Entire conduct of the appellant during training at I

(5) KOTAK MAHINDRA BANK LIMITED Vs. KEW PRECISION PARTS PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 05-08-2022
Insolvency and Bankruptcy Code, 2016 - Sections 7 and 7(5)(b) - An appeal being the continuation of original proceedings, the provision of Section 7(5)(b) of the IBC, of notifying the Financial Creditor before rejection of a claim, would be attracted - If notified of the proposal to close the proceedings, the Appellant Financial Creditor might have got the opportunity to rectify the defects in its application under Section 7 by filing additional pleadings and/or documents.

(6) VIKRAMJIT KAKATI Vs. THE STATE OF ASSAM [SUPREME COURT OF INDIA] 04-08-2022
Acquittal - Criminal Procedure Code, 1973 (CrPC) - Section 227 - Penal Code, 1860 (IPC) - Sections 302, 120B, 201 and 118 - Murder - Discharge - There is no iota of evidence which, in any manner, connect the appellant with the commission of crime - Even the complainant also in complaint has not named appellant as the perpetrator of the offence, rather stated suspects foul play - Appellant stands discharged from the charges framed against him.

(7) M/S MITRA S.P. (P) LTD. AND ANOTHER Vs. DHIREN KUMAR [SUPREME COURT OF INDIA] 04-08-2022
Industrial Disputes Act, 1947 - Section 33(C)(2) - Recovery of wages - Application under Section 33(C)(2) of the ID Act dismissed by Labour Court on the ground that workman did not go to Jharsuguda to join duty - While allowing the writ petition preferred by the workman challenging the dismissal of application under Section 33(C)(2), from the order passed by the High Court it appears that there is no discussion at all on the order passed by the Labour Court rejecting the 33(C)(2) application and

(8) JAI PRAKASH TIWARI Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 04-08-2022
Criminal Procedure Code, 1973 (CrPC) - Section 313 - Penal Code, 1860 (IPC) - Section 307 - Arms Act, 1959 - Sections 25 and 27 - Attempt to murder - Acquittal - When there is absence of independent evidence corroborating the statements made by complainant, serious doubts regarding the recovery of the alleged motorcycle and the country made pistol, no connection proved between the alleged recovered items and the alleged incident, and the plausible version put forward by the accused appellant in

(9) DELHI TRANSPORT CORPORATION Vs. SANDEEP KAUSHIK AND OTHERS [SUPREME COURT OF INDIA] 03-08-2022
Service Law - Reinstatement - Retirement age of the drivers is 55 years and the original writ petitioner, at present, would be approximately of 49 years of age and even if he is to be reinstated/appointed on the post in question - driver, he has to clear the driving test - At this stage, no actual appointment can possibly be made - If in lieu of actual appointment, the writ petitioner is awarded a sum of Rs. 7.5 lakhs as compensation with 6 per cent interest from September, 2013 onwards till the

(10) DAUVARAM NIRMALKAR Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 02-08-2022
Penal Code, 1860 (IPC) - Exception 1 to Section 300 - Murder - Culpable Homicide not amounting to Murder - Act of provocation and loss of self-control, must be actual and reasonable - Last provocation has to be considered in light of the previous provocative acts or words, serious enough to cause the accused to lose his self-control - Acts of provocation on the basis of which the appellant caused the death of his brother, were both sudden and grave and that there was loss of self-control - This

(11) SHABBIR MOHAMMAD SAYED Vs. MRS. NOOR JEHAN MUSHTER SHAIKH AND OTHERS [SUPREME COURT OF INDIA] 02-08-2022
By the impugned order, the High Court in a revision petition filed by the appellant has upheld the order passed by the Appellate Bench of the Court of Small Causes at Bombay which in turn affirmed the order passed in Execution Application No.386/2016 that is Order dated 16.11.2016, rejecting the application filed by the appellant under Order XXI Rule 97 of the Code of Civil Procedure. The application for recall has been rejected by the order which is also impugned. The first respondent filed a c

(12) NOOR MOHAMMED Vs. KHURRAM PASHA [SUPREME COURT OF INDIA] 02-08-2022
This appeal challenges the correctness of the judgment and order dated 17.12.2021 passed by the High Court of Karnataka at Bengaluru (‘the High Court’, for short) in Criminal Revision Petition No. 39 of 2021.

(13) DR. J. VIJAYAN AND OTHERS Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 02-08-2022
The University Grants Commission Act, 1956, hereinafter referred to as “the UGC Act”, was enacted to make provisions for the coordination and determination of standards in universities and for that purpose to establish a University Grants Commission, hereinafter referred to as “UGC”.

(14) CENTRAL BANK OF INDIA AND OTHERS Vs. DRAGENDRA SINGH JADON [SUPREME COURT OF INDIA] 02-08-2022
This appeal is against a judgment and order dated 3 rd April 2017 passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior dismissing Writ Appeal No. 310 of 2015 filed by the Appellants against an order dated 7th August 2015, passed by the Single Bench, allowing the Writ Petition under Article 226 of the Constitution of India being Writ Petition No. 1571 of 13, filed by the Respondent.

(15) SIDDHARTH MUKESH BHANDARI Vs. THE STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 02-08-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Inherent powers of High Court - Grant of any stay of investigation and/or any interim relief while exercising powers under Section 482 Cr.P.C. would be only in the rarest of rare cases - There shall not be any interim relief during the pendency of special criminal applications - Investigating Officer is directed to complete the investigation at the earliest and preferably within a period of three months and file appropriate report/charge sheet

(16) S. KULDEEP SINGH AND ANOTHER Vs. S. PRITHPAL SINGH [SUPREME COURT OF INDIA] 02-08-2022
Civil Suit - Declaration and possession - Claim of Title - A special Act without authority of law, any order or decree so passed through such unlawful exercise of power, will be a legal nullity - Deficiency of jurisdiction of the authority cannot be cured by the consent of the parties - Challenge to such an incompetent order could be set up wherever it is sought to be enforced or relied upon, even in execution or in collateral proceedings - Deputy Commissioner (DC) lacked inherent jurisdiction t

(17) SATYAJIT KUMAR AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 02-08-2022
Constitution of India, 1950 - Articles 14, 16(2), 16(3) and 35(a-i) - Appointment to posts of Trained Graduate Teacher in the Government Secondary Schools in Scheduled Areas of State of Jharkhand - State government cannot give 100% reservation for local candidates for a scheduled area - If the candidates belonging to other areas (non-Scheduled Areas/Districts) are given an opportunity to impart education (who may be more meritorious than the candidates belonging to the Scheduled Areas/Districts)

(18) M/S. TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED Vs. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES AND OTHERS [SUPREME COURT OF INDIA] 02-08-2022
Finance Act, 2007 - Section 65(105)(zzzza) - Service Tax on Composite Works Contracts - Service tax could not be levied on Composite Works Contracts prior to the introduction of the Finance Act, 2007, by which the Finance Act, 1994 came to be amended to introduce Section 65(105)(zzzza) pertaining to Works Contracts - Since the Finance Act, 1994 lays down no charge or machinery to levy and assess service tax on indivisible composite works contract, therefore, service tax was not existent at all u

(19) AJAY KUMAR PANDEY AND OTHERS Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 01-08-2022
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 32 and 33 - Selection to post of Safai-Karmis - Reservation - Locomotor disability - Appellants Cannot claim appointment against the post reserved for disabled candidates only for the reason that they are locomotor disabled candidates when such post was not reserved for the Safai-Karmis.

(20) ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED Vs. TULIP STAR HOTELS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 01-08-2022
Insolvency and Bankruptcy Code, 2016 - Section 7 - Resolution process - An application under Section 7 of the IBC would not be barred by limitation, on the ground that it had been filed beyond a period of three years from the date of declaration of the loan account of the Corporate Debtor as NPA, if there were an acknowledgement of the debt by the Corporate Debtor before expiry of the period of limitation of three years, in which case the period of limitation would get extended by a further peri

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