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(241) ORBIT ELECTRICALS PRIVATE LIMITED Vs. DEEPAK KISHAN CHHABRIA AND OTHERS[SUPREME COURT OF INDIA] 30-10-2023

India Law Library Docid # 1603715

(242) PURUSHOTHAMAN Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 30-10-2023
Criminal Procedure Code, 1973 (CrPC) - Section 389(1) - Appeal for suspension of sentence is pending - Bail Canceled by High Court - Appeal - Under no circumstances, the bail granted to an accused under sub-section 1 of Section 389 can be cancelled without giving a reasonable opportunity to the accused of being heard - Under sub-section 1 of Section 389, while suspending the sentence of the appellant-accused who is in Jail, the Appellate Court has to enlarge the accused on bail till the final d
India Law Library Docid # 1603716

(243) MUNILAKSHMI Vs. NARENDRA BABU AND ANOTHER [SUPREME COURT OF INDIA] 20-10-2023
Cancellation of Bail - If it is found that an undertrial has attempted to misuse the concession of bail either by influencing the witnesses or tampering with the evidence or trying to flee from justice, such person can be committed to custody by withdrawing the concession of bail.
India Law Library Docid # 1603687

(244) COMMISSIONER OF CENTRAL EXCISE AHMEDABAD Vs. M/S URMIN PRODUCTS P. LTD. AND OTHERS [SUPREME COURT OF INDIA] 20-10-2023
Central Excise Act, 1944 - Section 11A(4) - Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010 - Rule 6(2) - Classification of product - Onus/burden of proof for change in classification of the product lies on the Department, particularly when it wishes to challenge a long-accepted classification - Thus, it is clear that the stand of the assessee has been consistent to the effect that product manufactured by it is to be classif
India Law Library Docid # 1603688

(245) THE DIRECTOR GENERAL OF POLICE TAMILNADU, MYLAPORE Vs. J. RAGHUNEES [SUPREME COURT OF INDIA] 20-10-2023
Tamil Nadu Special Police Subordinate Service Rules, 1978 - Rule 14(b) - Appointment - Post of Police Constable - Suppression of information - A candidate for recruitment to a disciplined force, the non-disclosure of the information of his involvement in the criminal case and subsequent acquittal therefrom cast a serious doubt upon his character and the antecedents which is sufficient enough to disentitle him from employment - Candidate not disclosed the complete information with regard to his i
India Law Library Docid # 1603689

(246) TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATION Vs. STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 20-10-2023
Constitution of India, 1950 - Article 19(6) - Environment Protection Act, 1986 - Section 5 - Plastic Waste Management Rules, 2016 - Order of ban on 'reinforced' paper cups is upheld and in the matter of ban non-woven plastic bags, back to Tamil Nadu Pollution Control Board (TNPCB) for consideration - By composition itself, they are non-biodegradable, and there is immense difficulty in their recycling, as it requires appropriate collecting mechanisms, strict segregation, to name a few of the chal
India Law Library Docid # 1603690

(247) MUMTAZ YARUD DOWLA WAKF Vs. M/S BADAM BALAKRISHNA HOTEL PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 20-10-2023
Wakf property - Expiry of 33 years lease - Suit for ejectment, recovery of possession with arrears in rent and damages - Jurisdiction - In a case where a Court has failed to check its jurisdiction and a plea has been raised subsequently and that too after receiving an adverse verdict, the forum shall not be declared as the one having lack of jurisdiction, especially when there is no apparent injury otherwise to the rights conferred under a particular statute - Every case is a journey towards tru
India Law Library Docid # 1603691

(248) YASHPAL JAIN Vs. SUSHILA DEVI AND OTHERS [SUPREME COURT OF INDIA] 20-10-2023
Pendency of Civil Cases - Directions to speedy disposal of cases: i. All courts at district and taluka levels shall ensure proper execution of the summons and in a time bound manner as prescribed under Order V Rule (2) of CPC and same shall be monitored by Principal District Judges and after collating the statistics they shall forward the same to be placed before the committee constituted by the High Court for its consideration and monitoring
India Law Library Docid # 1603692

(249) THE STATE OF TELANGANA AND OTHERS Vs. M/S TIRUMALA CONSTRUCTIONS [SUPREME COURT OF INDIA] 20-10-2023
Constitution (101st Amendment) Act, 2016 - Section 19 - Telangana Value Added Tax (Second Amendment) Act, 2017 - Telangana Value Added Tax (Second Amendment) Act, 2017 unconstitutional - State of Telangana had argued to the contrary, and explained that when the ordinance was issued, there was no doubt about the state possessing legislative competence - As of that date (17.06.2017) the power to amend existing laws, was permissible under Section 19 of the Amendment - Ordinance’s validity and effec
India Law Library Docid # 1603693

(250) MANMOHAN GOPAL Vs. THE STATE OF CHHATTISGARH AND ANOTHER [SUPREME COURT OF INDIA] 20-10-2023
Constitution of India, 1950 - Article 142 - Criminal Procedure Code, 1973 (CrPC) - Section 125(3) - Maintenance to wife - Fails to comply with the order for payment of maintenance - Husband abandoned the wife, and virtually fled to Australia - Recovery of arrears of maintenance on the ground that she lives with her widowed mother, on whom she is dependent expenses. for including litigation expenses - This Court is not powerless, but can issue appropriate directions, and even decrees, for doing c
India Law Library Docid # 1603698

(251) DR. BALRAM SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-10-2023
Constitution of India, 1950 - Articles 15 (2), 17, 23 and 24 - Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 - Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated - Directions issued
India Law Library Docid # 1603699

(252) NIKESH KUMAR Vs. SUMAN DEVI [SUPREME COURT OF INDIA] 20-10-2023
Constitution of India, 1950 - Article 142(1) - Decree for divorce on the ground of irretrievable breakdown of marriage - Husband and wife are living separately since more than 17 years, having last cohabited in November 2005 - Marriage has completely failed and there is no possibility that the parties will reunite or cohabit together - Continuation of the formal legal relationship between the parties is unjustified - It appropriate to exercise our power under Article 142(1) of the Constitution o
India Law Library Docid # 1603710

(253) INITIATIVES FOR INCLUSION FOUNDATION AND ANOTHER UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-10-2023
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Section 5 - Notification of District Officer - Direction to all the States/UTs to notify and appoint the District Officers - Treating Section 5 as directory, would leave a gaping hole in the otherwise clearly delineated workflow and redressal mechanism, and the efficacy of this legislation, as a result, falls flat.
India Law Library Docid # 1603673

(254) RUCHIR RASTOGI Vs. PANKAJ RASTOGI AND OTHERS ETC. @ RESPONDENT[SUPREME COURT OF INDIA] 19-10-2023
Penal Code, 1860 (IPC) - Sections 457, 380 and 506 - Lurking house trespass or house breaking at night, theft and criminal intimidation - FIR quashed by High Court - Appeal against - Assets and belongings inside the shop in question were in joint possession of the appellant as also the respondent and there was an injunction granted by the Competent Court that the assets and belongings of the shop in question would be preserved, removal of the same without consent or knowledge of the appellant wo
India Law Library Docid # 1603674

(255) THE CENTRAL WAREHOUSING CORPORATION Vs. THAKUR DWARA KALAN UL-MARUF BARAGLAN WALA (DEAD) AND OTHERS [SUPREME COURT OF INDIA] 19-10-2023
Land Acquisition Act, 1894 - Sections 4 and 6 - Acquisition of land - Compensation - Court for awarding annual increase to determine the just compensation varies from case to case and the period to be applied is a major factor to be considered - In the present case would be best determined if apply 8% annual increase with cumulative effect - This is for the reason that the gap is huge i.e. 11 years. For shorter period of 3-5 years, it could have been 10% or 12% - But in no case 15% would be just
India Law Library Docid # 1603675

(256) KESHAV BHAURAO YEOLE (D) BY LRS. Vs. MURALIDHAR (D) AND OTHERS [SUPREME COURT OF INDIA] 19-10-2023
Bombay Tenancy and Agricultural Lands Act, 1948 - Section 31A and 31D - Termination of tenancy - Landlord sought to recover possession for the purpose of personal cultivation - It was unnecessary for the revisional authority to remand the case for framing an issue on the applicability of Section 31A-31D - Applicability of those provisions was dependent on the question of whether the landlord’s holding exceeded one unit of economic holding - That question was merely one of law, the fact of the l
India Law Library Docid # 1603676

(257) M.A BIVIJI Vs. SUNITA AND OTHERS [SUPREME COURT OF INDIA] 19-10-2023
Medical negligence - Adopting an alternative medical course of action would not amount to medical negligence - After the difficulties faced during the 'Tracheostomy Tube' (TT) decannulation process and the discovery of a stridor, opting for the 'Nasotracheal Intubation' (NI) procedure as an alternative course of treatment to aid respiration could be medically justified as well - Resorting to the 'Nasotracheal Intubation' (NI) procedure as an alternative method to provide breathing assistance did
India Law Library Docid # 1603677

(258) ASSESSING OFFICER CIRCLE (INTERNATIONAL TAXATION) 2(2)(2) NEW DELHI Vs. M/S NESTLE SA [SUPREME COURT OF INDIA] 19-10-2023
Income Tax Act, 1961 - Section 90 - A notification under Section 90(1) is necessary and a mandatory condition for a court, authority, or tribunal to give effect to a Double Tax Avoidance Agreement (DTAA), or any protocol changing its terms or conditions, which has the effect of altering the existing provisions of law - A stipulation in a DTAA or a Protocol with one nation, requires same treatment in respect to a matter covered by its terms, subsequent to its being entered into when another natio
India Law Library Docid # 1603678

(259) INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD. Vs. HDFC BANK LTD. AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2023
Transfer of Property Act, 1882 - Actionable claim - In terms of Section 3 of the TPA, actionable claim means (a) claim to an unsecured debt (other than a debt secured by mortgage of immovable property, hypothecation or pledge (b) beneficial interest in a movable property - Both these are recognised as enforceable - Other claims, however, do not fall within the expression "actionable claim".
India Law Library Docid # 1603679

(260) DASANGLU PUL Vs. LUPALUM KRI [SUPREME COURT OF INDIA] 19-10-2023
Representation of the People Act, 1951 - Sections 33, 36(2)(b) and 100(1)(d)(i) - Election - Rejection of nomination - Appeal - Non-disclosure of properties belonging to deceased husband former Arunachal Pradesh Chief Minister (CM) who had three wives - Appellant was not the legal heir to properties and that only the first wife who would succeed to the properties of the husband if the deceased at the time of death had more than one wife and as such the appellant had no claim whatsoever over the
India Law Library Docid # 1603680