(181) PRINCIPAL COMMISSIONER OF INCOME TAX-10 Vs. M/S KRISHAK BHARTI COOPERATIVE LTD. [SUPREME COURT OF INDIA] 15-09-2023 Foreign Taxation - Exemption - Article 8(bis) of Omani Tax Laws exempts dividend tax received by the assessee from its PE in Oman and by virtue of Article 25 of Omani Tax Laws, the assessee is entitled to the same tax treatment in India as it received in Oman - By extending the facility of exemption, the Government of Oman intend to achieve its object of promoting development within Oman by attracting investments - Since the assessee has invested in the project by setting up a permanent establis India Law Library Docid # 1603564
(182) KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. KSCARDB Vs. THE ASSESSING OFFICER, TRIVANDRUM AND OTHERS [SUPREME COURT OF INDIA] 14-09-2023 Income Tax Act, 1961 - Section 80P(4) - National Bank for Agriculture and Rural Development Act, 1981 - Banking Regulation Act, 1949 - Sections 5(b), 22 and 56 - Only when a co-operative society is conducting banking business in terms of the definition referred to above that it becomes a co-operative bank and in such a case, Section 22 of the BR Act, 1949 would apply wherein it would require a licence to run a co-operative bank - In other words, if a co-operative society is not conducting the bu India Law Library Docid # 1603565
(183) BRIHAN KARAN SUGAR SYNDICATE PRIVATE LIMITED Vs. YASHWANTRAO MOHITE KRUSHNA SAHAKARI SAKHAR KARKHANA [SUPREME COURT OF INDIA] 14-09-2023 Infringement of copyright - Injunction - Passing-off action - For establishing goodwill of the product, it was necessary for the appellant to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product - While deciding an application for a temporary injunction in a suit for passingoff action, in a given case, the statements of accounts signed by the Chartered Accountant of the plaintiff indicating the expenses incurred on adv India Law Library Docid # 1603566
(184) M/S BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED Vs. RAMBHA DEVI AND OTHERS [SUPREME COURT OF INDIA] 13-09-2023 Light Motor Vehicle Driving License Issue - Whether a person holding a driving licence in respect of a "light motor vehicle" could on the strength of the licence be entitled to drive a "transport vehicle of light motor vehicle class" having unladen weight not exceeding 7500 kgs - Since the enactment of the Motor Vehicles Act 1988, there has been a rapid evolution of the transport sector, particularly in the last few years with the emergence of new infrastructure and new arrangements for putting India Law Library Docid # 1603570
(185) R. RAGHAVENDRAN Vs. C. RAJA JOHN AND OTHERS [SUPREME COURT OF INDIA] 13-09-2023 Insolvency and Bankruptcy Code, 2016 - Sections 12A and 29A - Proceedings against the entity are pending under the Insolvency and Bankruptcy Code, 2016 - Resolution Professional cannot be faulted for calling for other proposals in which the proposal given by promoter was also to be examined, put them to voting before the CoCs and declare the results. India Law Library Docid # 1603597
(186) PEOPLE’S UNION FOR CIVIL LIBERTIES AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 13-09-2023 Direction to frame guidelines on media briefings by police - Nature of the disclosure which is made by the police in the course of media briefings should be objective in nature and should not consist of a subjective opinion pre-judging the guilt of the accused - Union Ministry of Home Affairs should prepare a comprehensive manual on media briefings by police personnel. Some of the considerations which would weigh in balancing various issues of public interest while the framing of guidelines have India Law Library Docid # 1603574
(187) RAMESHJI AMARSING THAKOR Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 13-09-2023 Penal Code, 1860 (IPC) - Sections 302 and 114 - Murder with knife blows - Even if in the opinion of the autopsy surgeon there was mismatch of the knife with the injuries caused, the doctor's evidence cannot eclipse ocular evidence - An eyewitness to a gruesome killing cannot in deposition narrate blow by blow account of the knife strikes inflicted on the deceased like in a screenplay - Exaggerated devotion to rule of benefit of doubt must not nurture fanciful doubts letting guilty escape is not India Law Library Docid # 1603577
(188) PANCHAYAT QURESHIAN AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 13-09-2023 Water (Prevention and Control of Pollution) Act 1974 - Section 33A - Closure of the slaughter house - Writ petition under Article 32 of the Constitution cannot obviate the findings which have been arrived at by the statutory board in the exercise of its jurisdiction under Section 33A of the Act of 1974 - Petitioners in the writ petition cannot be oblivious of the fact that the slaughter house was closed as a result of the failure to meet the prescribed pollution parameters and since the waste w India Law Library Docid # 1603593
(189) CHEN KHOI KUI Vs. LIANG MIAO SHENG AND OTHERS [SUPREME COURT OF INDIA] 13-09-2023 West Bengal Registration Act, 1961 - Registrar of Society, empowered to grant registration under West Bengal Registration Act, 1961, also has the power to cancel such registration. India Law Library Docid # 1603558
(190) RUPESH MANGER (THAPA) Vs. STATE OF SIKKIM [SUPREME COURT OF INDIA] 13-09-2023 Penal Code, 1860 (IPC) - Section 302 - Murder - Acquittal - Judgment of acquittal can be reversed by the Appellate Court only when there is perversity and not by taking a different view on reappreciation of evidence - If the conclusion of the Trial Court is plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused - Conviction and sentence set-aside India Law Library Docid # 1603559
(191) B.C. NAGARAJ AND ANOTHER Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 13-09-2023 Service Law - Benefit of revised pay scales - There is no reason why the appellants should be denied the same relief, especially when even as of 7th January 2014, the same benefit was granted to the similarly placed employees - Direction to State Government to extend the benefits under the Government Order dated 15th November 1999 to the appellants within a period of three months. India Law Library Docid # 1603560
(192) VASANT NATURE CURE HOSPITAL AND PRATIBHA MATERNITY HOSPITAL TRUST AND OTHERS Vs. UKAJI RAMAJI-SINCE DECEASED THROUGH HIS LEGAL HEIRS AND ANOTHER [SUPREME COURT OF INDIA] 13-09-2023 Restoration of Review application - No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law - High Court had committed gross error in allowing such vexatious applications and that too without assigning any reason. India Law Library Docid # 1603561
(193) JAVED SHAUKAT ALI QURESHI Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 13-09-2023 Penal Code, 1860 (IPC) - Section 396, 395, 307, 435, 201 and 149 - Dacoity with murder - Acquittal - When there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other - In such a case, the cases of both the accused will be governed by the principle of parity - This principle means that the Criminal Court should decide like cases alike, and in such cases, the Court cannot make a dis India Law Library Docid # 1603562
(194) AXIS BANK LIMITED Vs. NAREN SHETH AND ANOTHER [SUPREME COURT OF INDIA] 12-09-2023 Limitation Act, 1963 - Section 14 - Exclusion of time of proceeding bona fide in court without jurisdiction - Section 14 will have no application inasmuch as the proceedings under the SARFAESI Act before the DRT cannot be said to be before a Court or Tribunal having no jurisdiction - Respondent No.2, being a Secured Creditor, would definitely have a right to invoke the power under the SARFAESI Act and the said proceedings cannot be said to be without jurisdiction - Therefore, no benefit under S India Law Library Docid # 1603573
(195) STATE OF WEST BENGAL AND ANOTHER Vs. M/S. CHIRANJILAL (MINERAL) INDUSTRIES OF BAGANDIH AND ANOTHER [SUPREME COURT OF INDIA] 12-09-2023 West Bengal Land Reforms Act, 1955 - Section 4-C - Raiyat land is not for mining - The controversy relating to Section 4-C of the WBLR Act, 1955, cannot simply be decided on the basis of Memo No. V/RTI/775/15 dated 06.03.2017 issued by the Deputy District Land and Land Reforms Officer, Purulia, that as per the revenue records the land was recorded as 'Dungri'. The reason is that Raiyat land is not for mining - Thus, a contradiction arises, as the grant of Raiyat land and the classification of th India Law Library Docid # 1603563
(196) A. VALLIAMMAI Vs. K.P. MURALI AND OTHERS [SUPREME COURT OF INDIA] 12-09-2023 Limitation Act, 1963 - Article 54 and Section 9 - Suit for specific performance - Limitation - Article 54 of Part II of the Schedule to the Limitation Act, 19637 stipulates the limitation period for filing a suit for specific performance as three years from the date fixed for performance, and in alternative when no date is fixed, three years from the date when the plaintiff has notice that performance has been refused - Section 9 of the Limitation Act, 1963 stipulates that once the limitation pe India Law Library Docid # 1603568
(197) BHAKTU GORAIN AND ANOTHER Vs. THE STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 12-09-2023 Penal Code, 1860 (IPC) - Sections 341, 302 read with 34 - Murder - Common intention - Accused persons had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind - Thus, the submission that they had no common intention stands completely ruled out. Moreover, the nature of injuries which have been caused on the head of the deceased with the deadly wea India Law Library Docid # 1603569
(198) HEMAVATHI AND OTHERS Vs. V. HOMBEGOWDA AND ANOTHER [SUPREME COURT OF INDIA] 11-09-2023 Civil Procedure Code, 1908 (CPC) - Section 100 - Second Appeal - If no substantial question of law arise in the case then the appeal could not have been entertained and ought to have been dismissed at the stage of admission. India Law Library Docid # 1603596
(199) CBI Vs. R.R. KISHORE [SUPREME COURT OF INDIA] 11-09-2023 Constitution of India, 1950 - Article 13(2) - Delhi Special Police Establishment Act, 1946 - Section 6A - Once a law is declared to be unconstitutional, being violative of Part-III of the Constitution, then it would be held to be void ab initio, still born, unenforceable and non est in view of Article 13(2) of the Constitution and its interpretation by authoritative pronouncements - Thus, the declaration made by the Constitution Bench in the case of Subramanian Swamy v India Law Library Docid # 1603556
(200) M/S. RPS INFRASTRUCTURE LTD. Vs. MUKUL KUMAR AND ANOTHER [SUPREME COURT OF INDIA] 11-09-2023 Insolvency and Bankruptcy Code, 2016 - Section 15 - Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - Regulation 6 - Public announcement of corporate insolvency resolution process - Section 15 of the IBC and Regulation 6 of the IBBI Regulations mandate a public announcement of the CIRP through newspapers - This would constitute deemed knowledge on the appellant - In any case, their plea of not being aware of newspaper pronouncement India Law Library Docid # 1603557