(941) PRADEEP Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 05-07-2023 Evidence Act, 1872 - Sections 4 and 18 - Child witness - In case of a child witness under 12 years of age, unless satisfaction as required by the said proviso is recorded, an oath cannot be administered to the child witness. Evidence Act, 1872 - Sections 4 and 18 - Child witness - The requirement of Section 118 of the Evidence Act, the learned Trial Judge was under a duty to record his opinion that the child is able to understand the questions put to him and that he is able to give rational answ India Law Library Docid # 1603362
(942) RAHUL GANPATRAO SABLE Vs. LAXMAN MARUTI JADHAV (DEAD) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 05-07-2023 Motor Accident Claims - Future prospects should be added with the income depending upon the age of the deceased - If the deceased was between the age of 50-60 years, there should be an addition of 15% towards future prospects. India Law Library Docid # 1603365
(943) ARUN DEV UPADHYAYA Vs. INTEGRATED SALES SERVICE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 05-07-2023 Civil Procedure Code, 1908 (CPC) - Order 47 Rule 1 - Review of judgment - A judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record - An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the Court to exercise its power of review - A review petition cannot be allowed to India Law Library Docid # 1603366
(944) COMMISSIONER OF CGST AND CENTRAL EXCISE (J AND K) Vs. M/S. SARASWATI AGRO CHEMICALS PVT. LTD. [SUPREME COURT OF INDIA] 04-07-2023 We have heard Mr. N. Venkataraman, learned ASG appearing for the petitioner(s) in extenso. He pointed out that this Court in the case of SRD Nutrients (P) Limited vs. CCE reported in (2018) 1 SCC 105, gave a ruling contrary to the judgment previously rendered by a three Judge Bench of this Court in the case of Modi Rubber Ltd. And Anr. vs. Union of India and Others reported in (1986) 4 SCC 66. In a subsequent decision namely, M/s Unicorn Industries vs. Union of India reported in (2020) 3 SCC 492 India Law Library Docid # 1877645
(945) GURUDEEP SINGH Vs. REGONDA SRINIVAS AND OTHERS [SUPREME COURT OF INDIA] 04-07-2023 Civil Contempt - Deliberate Disobedience – The case involves the recruitment of land oustees as Junior Mazdoors by NTPC Ltd. following land acquisition and compensation award - The main issue is whether the appellants (NTPC officials) disobeyed the High Court's order by issuing a new recruitment notification instead of completing the process as per the 2017 notification - The petitioner argued that the appellants willfully disobeyed the High Court's orders by issuing a new notification and cance India Law Library Docid # 1882496
(946) RESERVE BANK OF INDIA AND OTHERS Vs. A.K. NAIR AND OTHERS [SUPREME COURT OF INDIA] 04-07-2023 Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 – Section 33 – Rights of Persons with Disabilities Act, 2016 – Section 34 – Reservation in promotion for person with disabilities – Respondent, an RBI employee with a disability, sought promotion to Assistant Manager but fell short by three marks - His request for grace marks, similar to those given to SC/ST candidates, was denied - The main issue was whether persons with disabilities are enti India Law Library Docid # 1882497
(947) THE COMMISSIONER, CENTRAL EXCISE AND CUSTOMS AND ANOTHER Vs. M/S RELIANCE INDUSTRIES LTD. AND OTHERS [SUPREME COURT OF INDIA] 04-07-2023 Central Excise Act, 1944 - Section 11A (1) - Differential duty - Incorrectly determination of the assessable value of finished goods - Issue of valuation involved in particular matter is indeed one were two plausible views could co-exist - In such cases of cases of disputes of interpretation of legal provisions, it would be totally unjustified to invoke the extended period of limitation by considering the assessee's view to be lacking bonafides - In any scheme of self-assessment it becomes the r India Law Library Docid # 1603348
(948) DHEERAJ SINGH AND OTHERS Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & OTHERS [SUPREME COURT OF INDIA] 04-07-2023 Civil Procedure Code, 1908 (CPC) - Order 41 Rule 22 - Cross-Objections - In circumstance wherein the cross objections filed by the appellant therein was not considered by the court of first appeal, matter must be remanded to the High Court. India Law Library Docid # 1603349
(949) RAMESH KUMAR Vs. THE STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 04-07-2023 Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Section 420 - Anticipatory Bail - Cheating - In multiple cases in the past several months that upon First Information Reports being lodged inter alia under section 420 of the Indian Penal Code, 1860, judicial proceedings initiated by persons, accused of cheating, to obtain orders under Section 438 of the Code of Criminal Procedure, 1973 are unwittingly being transformed into processes for recovery of the quantum of mon India Law Library Docid # 1603350
(950) SUPRIYA JAIN Vs. STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 04-07-2023 Penal Code, 1860 (IPC) - Section 180 - Refusing to sign statement - Section 180 of the IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making the statement to sign. India Law Library Docid # 1603351
(951) SANTHOSH MAIZE & INDUSTRIES LIMITED Vs. THE STATE OF TAMIL NADU & ANOTHER [SUPREME COURT OF INDIA] 04-07-2023 Tamil Nadu General Sales Tax Act, 1959 - Section 28-A - Power to issue clarification by Commissioner of Commercial taxes - Clarification vide Circular dated 8th October, 1998 was issued in exercise of power conferred by the statute (i.e., Section 28-A of the Act) - Whenever a clarification pursuant to an application made by a registered dealer as to the applicable rate of tax is issued under sub-section (1), or the Commissioner on his own clarifies any point concerning the rate of tax under the India Law Library Docid # 1603352
(952) OM PRAKASH AHUJA Vs. RELIANCE GENERAL INSURANCE CO. LTD. ETC. [SUPREME COURT OF INDIA] 04-07-2023 Health Insurance Policy - Once there is a valid insurance policy available in favour, the claim made for reimbursement of the expenses incurred is justifiable and deserves to be paid to him. India Law Library Docid # 1603353
(953) SARNAM SINGH Vs. SHRIRAM GENERAL INSURANCE CO. LTD. AND OTHERS [SUPREME COURT OF INDIA] 04-07-2023 Motor Accident - Permanent disability - Compensation - Enhancement of - A person with his right leg amputated cannot perform the duty of a gunman - Tribunal was right in assessing the loss of earning capacity of the appellant at 100% - High Court was in error in reducing the loss of earning capacity to 80% - Compensation enhanced. India Law Library Docid # 1603354
(954) INDIRA DEVI Vs. VEENA GUPTA AND OTHERS [SUPREME COURT OF INDIA] 04-07-2023 Right to repurchase in sale deed - Condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so - Such a right can always be assigned and the contract containing such condition shall be enforceable. India Law Library Docid # 1603355
(955) SHANTABAI ANANDA JAGTAP AND ANOTHER Vs. JAYRAM GANPATI JAGTAP AND ANOTHER [SUPREME COURT OF INDIA] 04-07-2023 Employees Compensation - Death in accident - Relationship of employer and employee has not been proved before the Commissioner - Same being the basic requirement to be fulfilled for claiming compensation under the Employees Compensation Act, 1923, the appellants may not be entitled to receive any compensation. India Law Library Docid # 1603356
(956) MAYUKH DATTA Vs. GARIMA VALECHA [SUPREME COURT OF INDIA] 03-07-2023 During the course of the mediation proceedings before the Mediation Centre of the Supreme Court, a settlement has been arrived at between the parties The settlement has been signed by the parties and by the Advocates and by the Mediator. India Law Library Docid # 1877884
(957) RAMAN KUMAR AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-07-2023 The matter arises out of regularization of the employees. The Chief Commissioner of Income Tax in his report dated 14.02.2013 found that, in the exercise conducted in pursuance of the judgment of this Court in the case of Secretary, State of Karnataka & Ors. v. Umadevi & Ors., (2006) 4 SCC 1, though 65 employees were found to be entitled for regularization, only 35 employees were regularized. This was done since only 35 vacancies were available. India Law Library Docid # 1880891
(958) NEERAJ KUMAR AND ANOTHER Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 03-07-2023 Service Law - Appointment - Diploma in Art & Craft from Kurukshetra University as an equivalent qualification to the Diploma in Art & Craft secured from Haryana Industrial Training Department - Government of Haryana is now ready to accommodate and appoint candidates with Diplomas in Art & Craft from Kurukshetra University, who were found meritorious and were included in the selection list dated 14.11.2021, without adversely affecting the 178 candidates India Law Library Docid # 1603346
(959) UGGARSAIN Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 03-07-2023 Penal Code, 1860 (IPC) - Section 304 Part II read with Section 149 - Determination of sentence - Culpable homicide not amounting to murder - Court in fixing the punishment for any particular crime should take into consideration the nature of the offence, the circumstances in which it was committed, the degree of deliberation shown by the offender - Measure of punishment should be proportionate to the gravity of the offence - Impugned judgment fell into error in not considering the gravity of the India Law Library Docid # 1603347
(960) M/S. SANVIRA INDUSTRIES Vs. RAIN CII CARBON (VIZAG) LTD. AND OTHERS [SUPREME COURT OF INDIA] 03-07-2023 Import of Raw Petroleum Coke - Determination criteria - Enhancement of allocation of quantities of Raw Petroleum Coke (RPC) which is the abbreviation for raw pet-coke, a residue of the leftover from the refining of petroleum products and sand crude as well as other heavy oils, is in issue - Pet-coke is cheaper and burns hotter than coal and is, therefore, used as a fuel, for several industrial uses India Law Library Docid # 1603344