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(941) STALIN @ SATALIN SAMUVEL Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 18-01-2023
Criminal Law - In any case, only on the basis of the alleged recovery, the conviction could not be sustained.
India Law Library Docid # 1602656

(942) RAJARAM S/O SRIRAMULU NAIDU (SINCE DECEASED) THROUGH L.RS. Vs. MARUTHACHALAM (SINCE DECEASED) THROUGH L.RS. [SUPREME COURT OF INDIA] 18-01-2023
The Criminal Appeals challenge the common judgment and order of conviction and sentence dated 28th October 2008 and 30th October 2008 passed by the Madras High Court whereby the Appellant has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act”) and has been sentenced to a fine of Rs. 7 Lakhs in each case in respect of two cheques for an amount of Rs. 3.5 Lakhs.
India Law Library Docid # 1602592

(943) HEWLETT PACKARD INDIA SALES PVT. LTD. (NOW HP INDIA SALES PVT. LTD.) Vs. COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA [SUPREME COURT OF INDIA] 17-01-2023
Central Excise Tariff Act, 1985 - Classification of Automatic Data Processing Machines - Customs authorities wanted to classify the goods differently, the burden of proof to showcase the same was on them, which they failed to discharge - Adjudicating authorities while coming to their respective conclusions, especially the Commissioner of Customs (Appeal) have extensively referred to online sources such as Wikipedia to support their conclusion - Expressly acknowledge the utility of these platfor
India Law Library Docid # 1602586

(944) SHRI RAM SHRIDHAR CHIMURKAR Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 17-01-2023
Central Civil Services (Pension) Rules, 1972 - Rule 54(14)(b) - Family pension - A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of 'family' under Rule 54(14)(b) of the CCS (Pension) Rules, not entitled to family pension
India Law Library Docid # 1602583

(945) JABIR AND OTHERS Vs. THE STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 17-01-2023
Penal Code, 1860 (IPC) - Sections 302 and 364 - Kidnapping and murder - Conviction and sentence - Appeal against - Court should not convict an accused only on the basis of the "last seen" circumstance - In the present case, save the "last seen" theory, there is no other circumstance or evidence. Importantly, the time gap between when the deceased was seen in the company of the accused on 09-10-1999 and the probable time of his death, based on the post mortem report, which was conducted two days
India Law Library Docid # 1602584

(946) BIMLA TIWARI Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Criminal Procedure Code, 1973 - Section 438 - Penal Code, 1860 - Sections 406 and 420 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Pre-arrest bail - Cancellation of - Recovery of money is essentially within the realm of civil proceedings - Process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail - There is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, t
India Law Library Docid # 1602613

(947) EX-CONST/DVR MUKESH KUMAR RAIGAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Service Law - Termination - Suppression the material fact of involvement in criminal case - Suppression of material information and making a false statement in the verification Form relating to arrest, prosecution, conviction etc., has a clear bearing on the character, conduct and antecedents of the employee - If it is found that the employee had suppressed or given false information in regard to the matters having a bearing on his fitness or suitability to the post, he can be terminated from se
India Law Library Docid # 1602582

(948) SUSHIL PANDEY AND ANOTHER Vs. STATE OF U.P. THR. PRINCIPAL SECRETARY (HOME) AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Uttar Pradesh Police Radio Service Rules, 1979 - Rules 17 and 22 - Promotion - Determination of seniority - Seniority of the candidates should be determined treating the entry into the cadre of both sets of candidates (i.e. promotees and direct recruits) on 30th January 1996 and the seniority position should be recast on that basis - On the question of intra-stream seniority, the provision of Rule 22 shall be followed - In the recast list, however, the position for the posts left vacant on death
India Law Library Docid # 1602585

(949) DELHI DEVELOPMENT AUTHORITY Vs. MANPREET SINGH AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Subsequent purchaser has no locus to challenge the acquisition proceedings / lapsing of the acquisition under the Act, 2013 - High Court has committed a serious error in entertaining the writ petition at the instance of the respondent-original writ petitioner and has materially erred in declaring that the acquisition with respect to the land in question is deemed to have l
India Law Library Docid # 1602538

(950) THE UNION OF INDIA AND OTHERS Vs. RAJIB KHAN AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Service Law - Nursing Allowance - Nursing Assistants in Border Security Force (BSF) - Educational qualification be a ground for denial of Nursing Allowance to the Nursing Assistants - Nursing Assistants in the BSF neither have relevant experience for appointment as Staff Nurse nor they possess any educational qualification for appointment as Staff Nurse - Case of Nursing Assistants cannot be compared with that of the Staff Nurses as both carry different educational qualification - High Court has
India Law Library Docid # 1602539

(951) THE STATE OF PUNJAB Vs. M/S SHIV ENTERPRISES AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.02.2022 passed by the High Court of Punjab and Haryana at Chandigarh in Writ Petition No. 18392 of 2021, by which the High Court has set aside the order of detention of the goods/vehicle dated 30.08.2021 issued by the Office of Assistant Commissioner State Tax, Mobile Wing, Chandigarh-2 and also the notice dated 14.09.2021 issued under Section 130 of the CGST Act, 2017, the State has preferred the present appeal.
India Law Library Docid # 1602674

(952) THE STATE THROUGH CENTRAL BUREAU OF INVESTIGATION Vs. T. GANGI REDDY @ YERRA GANGI REDDY [SUPREME COURT OF INDIA] 16-01-2023
Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Default bail - Cancellation of - Mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person, who is released on default bail - However, on filing of the chargesheet on conclusion of the investigation, if a strong case is made out and on merits, it is found that he has committed a non-bailable offence/crime, on the special reasons/grounds an
India Law Library Docid # 1602581

(953) DELHI DEVELOPMENT AUTHORITY Vs. EMINENT MARKETING PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - In case possession has been taken, compensation has not been paid then there is no lapse - Similarly, if compensation has been paid, possession has not been taken then there is no lapse - Order passed by the High Court declaring that the acquisition with respect to the land in question is deemed to have lapsed is unsustainable - Under the
India Law Library Docid # 1602540

(954) DELHI DEVELOPMENT AUTHORITY Vs. BEENA GUPTA (D) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Subsequent purchaser had no locus to challenge the acquisition and/or lapsing of the acquisition under the Act - Under the circumstances the High Court has seriously erred in entertaining the writ petition preferred by the respondent-original writ petitioner subsequent purchaser who had acquired the right, title or interest in the land in
India Law Library Docid # 1602580

(955) PUSHAN MAJUMDAR ETC. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 16-01-2023
After taking note of the substance of submissions made in I.A. D. No. 58539 of 2020 and while ignoring defects therein, the name of deceased petitioner No. 1 is ordered to be deleted from the array of the parties. Cause title be amended accordingly.
India Law Library Docid # 1602890

(956) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-01-2023
Invoking the jurisdiction under Article 32 of the Constitution, the petitioner has sought a direction to the Union government to (i) take steps to constitute the Twenty Second Law Commission of India; and (ii) make the Law Commission a statutory body.
India Law Library Docid # 1602634

(957) NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) Vs. JAVED AND OTHERS [SUPREME COURT OF INDIA] 13-01-2023
We are inclined to entertain the Special Leave Petition which has been instituted by the National Commission for Protection of Child Rights (NCPCR) with a view to resolving the question of law which is raised.
India Law Library Docid # 1602635

(958) THE STATE OF HIMACHAL PRADESH AND OTHERS Vs. GOEL BUS SERVICE KULLU ETC. ETC. [SUPREME COURT OF INDIA] 13-01-2023
Constitution of India, 1950 - Entry 35 of List II and III - Himachal Pradesh Motor Vehicles Taxation Act, 1972 - Section 3A(3) - Levy of Additional Special Road Tax - Constitutional Validity of Section 3A(3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972 upheld - Tax imposed under Section 3A(3) is regulatory in character and is not a penalty - Legislatures of the State have not only the power to make laws on the taxation to be imposed on motor vehicles as also the passengers and goods bei
India Law Library Docid # 1602521

(959) THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT AND OTHERS Vs. RATTAN INDIA POWER LIMITED THROUGH ITS DIRECTOR AND OTHERS [SUPREME COURT OF INDIA] 13-01-2023
Contract - Irrigation restoration charges - Respondent agreed to pay Rs.1,00,000 per hectare for irrigation restoration charges in an agreement with the Appellant, and therefore cannot challenge the above said amount.
India Law Library Docid # 1602522

(960) THE STATE OF RAJASTHAN Vs. KOMAL LODHA [SUPREME COURT OF INDIA] 13-01-2023
Criminal Law - Once the conviction was confirmed by Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case, more particularly, when the conviction was specifically confirmed by Supreme Court and the matter was remitted to the High Court only for the purpose of considering the sentence, namely, whether death penalty and/or life sentence or any other appropriate sentence - Rest of the impugned judgment and order commut
India Law Library Docid # 1602526