(901) UNION OF INDIA AND OTHERS Vs. M/S UNICORN INDUSTRIES [SUPREME COURT OF INDIA] 19-09-2019 Finance Act, 2003 - Section 154 - Withdrawal of the exemption to the pan masala with tobacco and pan masala sans tobacco - Appellate Bench of the High Court observed that some of the notifications providing modalities for exemption were issued subsequent to the enactment of Section 154 of the Finance Act, 2003 and, therefore, Section 154 of the Finance Act, 2003 has no relevance in the said case. However, the Appellate Bench does not find it necessary to even make a reference to the judgment of (2019) AIRSC 4436 : (2020) AIRSCCivil 52 : (2019) 5 ALT 323 : (2019) 368 ELT 202 : (2019) 76 GST 759 : (2019) 9 JT 391 : (2019) 7 MLJ 594 : (2019) 12 SCALE 684 : (2020) 1 WBLR 362
(902) SWAPAN KUMAR BANERJEE Vs. STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 19-09-2019 The short question raised in these appeals is whether a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (2019) AIRSC 4748 : (2020) AIRSCCri 316 : (2019) 3 ALTCrl 326 : (2019) 2 AndhLDCriminal 1008 : (2019) 4 CivCC 734 : (2019) 4 CriCC 355 : (2020) CriLJ 330 : (2019) 4 Crimes 170 : (2019) 6 CTC 340 : (2019) 3 DMC 594 : (2019) 4 KerLJ 547 : (2019) 4 KHC 881 : (2019) 4 KLT 63 : (2019) 4 RCRCriminal 628
(903) GENERAL MANAGER, INDIAN OIL CORPORATION AND ANOTHER Vs. LALA BHAIRO PRASAD SARAF AND SONS AND ANOTHER [SUPREME COURT OF INDIA] 19-09-2019 This appeal arises out of judgment and order dated 21.04.2008 in and by which the High Court of Judicature at Allahabad has set aside the order of termination of the dealership of the respondent-firm on the ground that there was violation of principles of natural justice. Being aggrieved, Indian Oil Corporation Ltd. has preferred this appeal (2019) 9 SCC 505
(904) M. ABBAS HAJI Vs. T.N. CHANNAKESHAVA [SUPREME COURT OF INDIA] 19-09-2019 This appeal is directed against the order dated 22.10.2008, whereby the High Court allowed the appeal of the complainant and held the original appellant before us (since deceased), whose legal representatives are on record, liable for conviction under Section 138 of the Negotiable Instruments Act (hereafter referred to as the "Act"). He was sentenced to pay fine of Rs.5,10,000/- and in default to undergo simple imprisonment for one year (2019) AIR(SCW) 4617 : (2020) 1 AirKarR 240 : (2019) AIRSC 4617 : (2020) 1 AndhLDCriminal 1 : (2019) 4 BC 129 : (2019) 4 CriCC 216 : (2019) 3 DCR 417 : (2019) 4 JCC 4093 : (2019) 4 KCCR 3844 : (2019) 4 KerLJ 662 : (2019) 5 KHC 20 : (2019) 4 RCRCriminal 590 : (2019) 9 SCC 606 : (2019) 3 SCCCri 901 : (2019) 8 SLT 302
(905) SANKALP RECREATION PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-09-2019 The present appeal discloses a very sorry state of affairs in that a property admeasuring 1053.5 square meters bearing Plot No. 27/A, Survey No. 8, 9, 10 Opposite Santacruz Police Station, Junction of Juhu Tara Road and Linking Road, Santacruz (W), Mumbai-54, though acquired by the Union of India in 1994 under Section 269UD(1) of the Income Tax Act, could only be sold in 2018. Despite various attempts to sell the property starting in 1994, several auctions conducted qua the said property failed. (2019) 418 ITR 673 : (2019) 14 SCALE 260
(906) M/S TECNIMONT PVT. LTD. (FORMERLY KNOWN AS TECNIMONT ICB PRIVATE LIMITED) Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 18-09-2019 Punjab Value Added Tax Act, 2005 - Sections 62 and 62(5) - Validity of Section 62(5) of the Punjab Value Added Tax Act, 2005. Held:- Section 62(5) of the PVAT Act to be legal and valid and the condition of 25% of pre-deposit not to be onerous, harsh, unreasonable and violative of Article 14 of the Constitution of India. (2019) AIRSC 4489 : (2020) AIRSCCivil 65 : (2019) 29 GSTL 737 : (2019) 69 GSTR 193 : (2019) 9 JT 303 : (2019) 12 SCALE 562
(907) ITC LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE, KOLKATA IV [SUPREME COURT OF INDIA] 18-09-2019 Customs Act, 1962 - Sections 27 and 128 - Right to file refund claim - Whether non filing of appeal against the assessed Bill of Entry in which there was no lis between the importer and the Revenue at the time of payment of duty will deprive the importer of his right to file refund claim under Section 27 of the Customs Act, 1962. (2019) 368 ELT 216 : (2019) 12 SCALE 543
(908) JANARDAN DAGDU KHOMANE AND ANOTHER Vs. EKNATH BHIKU YADAV AND OTHERS [SUPREME COURT OF INDIA] 18-09-2019 Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 32 and 32(G) - Registration of Trust - High Court held that it was not open to the Collector to grant a certificate of Exemption to the Trust as the land had vested in the writ petitioners on 1.04.1957 - High Court directed the authorities concerned to hold proceedings under Section 32 G of the 1948 Act to fix the purchase price at an early date - Appeal against same - Trust, being a public trust, has rightly been registered on 8.8.1984, (2020) 1 ALLMR 443 : (2020) 2 LW 564 : (2019) 7 MLJ 526 : (2019) 12 SCALE 534
(909) VASANT GANPAT PADAVE (D) BY LRS AND OTHERS Vs. ANANT MAHADEV SAWANT (D) THROUGH LRS AND OTHERS [SUPREME COURT OF INDIA] 18-09-2019 Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 14(1)(b) - Termination of Tenancy - Argument made based on Section 14(1)(a) that since a tenant is bound to pay the rent every year before the 31st May thereof, the tenant is bound to know that the person to whom he is paying rent has since died and that, therefore, knowledge cannot be brought in to the construction of Section 32-F need not detain. On facts in the present case, the landlady was actually at Mumbai, whereas the tenant (2019) 8 JT 579 : (2019) 12 SCALE 579
(910) GAURAV HARGOVINDBHAI DAVE Vs. ASSET RECONSTRUCTION COMPANY (INDIA) LTD. AND ANOTHER [SUPREME COURT OF INDIA] 18-09-2019 In the present case, the Respondent No.2 was declared NPA on 21.07.2011. At that point of time, the State Bank of India filed two O.As in the Debt Recovery Tribunal in 2012 in order to recover a total debt of 50 Crores of rupees. In the meanwhile, by an assignment dated 28.03.2014, the State Bank of India assigned the aforesaid debt to Respondent No.1. The Debt Recovery Tribunal proceedings reached judgment on 10.06.2016, the Tribunal holding that the O.As filed before it were not maintainable f (2019) 152 CLA 309 : (2019) 5 CTC 622 : (2019) 2 OriLawRev 808 : (2019) 2 OriLR 808 : (2019) 4 RCRCivil 638 : (2019) 14 SCALE 38 : (2019) 156 SCL 397 : (2020) 1 WBLR 97
(911) BHUPINDER SINGH Vs. JOGINDER SINGH(D) BY LRS. & ORS. [SUPREME COURT OF INDIA] 18-09-2019 The respondents filed a suit in respect of Gurudwara in village Pilkhani Tehsil and District Ambala. It was alleged that the Gurudwara is a place of public worship where free access to the public is allowed. It was further alleged that father of Bhupinder Singh, defendant No. 2 (the appellant herein) was a Mohtmim of the Gurudwara and looking after the same. (2019) 4 CivCC 721 : (2020) 2 LW 297
(912) ALI HUSSAIN(D) THROUGH LRS Vs. RABIYA AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Evidence Act, 1872 - Section 101 - Burden of proof - Power of attorney - Plaintifffirst respondent is a pardanasheen illiterate lady and still the case was proceeded with the burden of proof on her shoulders to establish that the power of attorney executed by the plaintiff in favour of defendantappellant was a forged document was a patent error of law - Burden of proof was upon the defendant no.1appellant to establish that the registered power of attorney executed on 25th April, 1995 was a ge (2019) AIRSC 4313 : (2019) 6 AndhLD 92 : (2019) 4 CivCC 568 : (2019) 2 OriLawRev 782 : (2019) 4 RCRCivil 467 : (2019) 12 SCALE 431 : (2019) 9 SCC 353
(913) SITA RAM(DEAD) THROUGH LRS. Vs. BHARAT SINGH(DEAD) THROUGH LRS AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 161, 166 and 167 - Right of ownership - Noncompliance of the mandatory requirement as envisaged under Section 161 of the Act, 1950 while executing the exchange deed is concerned, parties have to bear its consequences of the void transaction as provided under Section 166 read with Section 167 of the Act, 1950 but that will not give any preference to the appellants for restoration of their rights and to nullify the registered (2019) 12 SCALE 421 : (2019) 10 SCC 412
(914) SRI GANAPATHI DEV TEMPLE TRUST BALAKRISHNA BHAT SINCE DECEASED BY HIS LRS. AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Karnataka Land Revenue Act, 1964 - Sections 128 and 129 133 - Peaceful possession - Mutation entry - Section 133 of the 1964 Act provides that an entry in the Record of Rights shall be presumed to be true until the contrary is proved, or a new entry is lawfully substituted therefor - An entry cannot be made in the Record of Rights without the valid mutation entry as provided for in Sections 128 and 129 of the 1964 Act. No pleading is forthcoming that a mutation entry was validly made at any poin (2020) 1 CivCC 12 : (2019) 4 JLJR 375 : (2019) 4 PLJR 300 : (2019) 12 SCALE 412 : (2019) 9 SCC 495
(915) K. ARJUN DAS Vs. COMMISSIONER OF ENDOWMENTS, ORISSA AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Orissa Hindu Religious Endowments Act, 1951 - Sections 6, 7, 19, 19(1) 19(3) and 19(5) - Sale deed - Plain reading of the judgment of the Division Bench of the High Court shows that it has committed a manifest error in not appreciating the concurrent finding noticed by the Single Bench of the High Court and has proceeded on a tangent, brushing aside the factual foundation on a price of hand offered by respondent nos. 4 & 5 who were merely intervenors in the proceedings standing on the fence havi (2019) 12 SCALE 455 : (2019) 10 SCC 355
(916) MAHESHWARY HANDLING AGENCY PRIVATE LIMITED Vs. BOARD OF TRUSTEES OF KANDLA PORT TRUST AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 The appellant, Maheshwary Handling Agency Private Limited, is a private limited company engaged in the business of clearing, forwarding and transporting of cargo for import and export as a steamer agent. (2019) AIRSC 4510 : (2020) AIRSCCivil 153 : (2019) 368 ELT 194 : (2019) 12 SCALE 465 : (2019) 9 SCC 267
(917) KRISHAN CHANDER AND ANOTHER Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Land Acquisition Act, 1894 - Sections 4, 5-A, 6 and 48 - Release of the land from the process of acquisition is not considered favourably - Possession actually having been taken would require determination at the outset based on examination of records - Secondly the aspects as pointed out relating to the deletion of similar lands and as to whether the land acquired from the appellants is lying vacant and if so whether the appellant is similarly placed as that of the other land owners whose case (2019) 4 RCRCivil 458 : (2019) 12 SCALE 474 : (2019) 9 SCC 292
(918) RITU SAXENA Vs. J.S. GROVER AND ANOTHER [SUPREME COURT OF INDIA] 17-09-2019 Suit for specific performance of an Agreement - Mere fact that the bank has assessed the financial capacity of the appellant while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in the facts of the present case to hold that the appellant was ready and willing to perform her part of the contract - Appeal dismissed. (2019) 4 CgLJ 300 : (2019) 4 CivCC 571 : (2019) 3 LawHeraldSC 2510 : (2019) 4 RCRCivil 540 : (2019) 12 SCALE 450 : (2019) 9 SCC 132
(919) MUNICIPAL COUNCIL NEEMUCH Vs. MAHADEO REAL ESTATE AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Madhya Pradesh Municipality Act, 1961 - Sections 109, 109(3) and 323 - Disposal of Municipal property vesting in or under the management of Council- Power to suspend execution of orders, etc., of Council - Grant of sanction - Commissioner had acted rightly as a custodian of the public property by pointing out the anomalies in the proposal of the Municipal Council to the State Government and the State Government has also responded in the right perspective by authorising the Commissioner to take a (2019) AIRSC 4517 : (2020) AIRSCCivil 18 : (2019) 4 JabLJ 205 : (2019) 7 MLJ 306 : (2019) 12 SCALE 440 : (2019) 10 SCC 738
(920) PRADEEP SINGH DEHAL Vs. STATE OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-09-2019 Service Law - Appointment to the post of Assistant Professor - Selection process conducted by the University cannot be said to be fair and reasonable. Consequently, the University is directed to re-examine the selection process by constituting an Expert Committee who shall consider the “publications” of the candidates who were being considered in pursuance of advertisement No. 3 of 2011 and make suitable recommendations accordingly by having a joint merit list of all the categories of candidates (2019) AIRSC 4420 : (2019) 4 ESC 976 : (2019) 4 JLJR 98 : (2019) 4 PLJR 155 : (2019) 12 SCALE 435 : (2019) 9 SCC 276 : (2020) 1 SCJ 21 : (2019) 4 SCT 446