April 2017 - Page 17 of 53 - Supreme Court of India Judgements

No award has been made under Section 11 of the Act – Court leave open the rights of the respondents to claim compensation for the buildings/trees in accordance with law treating the award already made as one not awarding any compensation for the buildings/trees

Apr 19, 2017 sclaw

(1995) 7 SCALE 310 : (1996) 11 SCC 683 : (1995) 6 SCR 665 Supp SUPREME COURT OF INDIA STATE OF PUNJAB AND OTHERS — Appellant Vs. SHARAN PAL SINGH…

Acquittal

Penal Code, 1860 (IPC) – Sections 148 and 300 – Unlawful assembly – Murder – Eye witness not naming some of the accused persons in the evidence – In abundant caution the accused persons exonerated.

Apr 19, 2017 sclaw

AIR 1998 SC 28 : (1998) CriLJ 62 : (1997) 6 JT 4 : (1997) 4 SCALE 398 : (1997) 11 SCC 546 SUPREME COURT OF INDIA SAUDAGAR SINGH AND…

Corporate

Income Tax Act, 1963 – Section – 256(2) – Investment – Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in holding that the purchase and sales by the assessee of shares in the National Rayon Corporation Ltd. and the Kohinoor Mills Ltd. should be considered as regular dealings

Apr 19, 2017 sclaw

(1998) 9 JT 275 : (1997) 11 SCC 557 SUPREME COURT OF INDIA COMMISSIONER OF INCOME TAX (CENTRAL) BOMBAY — Appellant Vs. MAGANLAL CHHAGANLAL (P) LTD. — Respondent ( Before…

Civil Cases

Liability to pay damages – As principle of law, the High Court was obviously incorrect in interfering with and modifying the consent decree unless parties agree for the same

Apr 19, 2017 sclaw

(1996) 8 AD 60 : (1996) 9 JT 643 : (1996) 7 SCALE 709 : (1996) 11 SCC 678 : (1996) 6 SCR 669 Supp SUPREME COURT OF INDIA GUPTA…

Corporate

Misuse of the power – Whether two persons are guilty of deliberate and/or intentional misuse/abuse of their power in the matter of the New Bank of India extending bank guarantees to and on behalf of Skipper group of companies and what loss, if any, have they caused to the bank on that account

Apr 19, 2017 sclaw

(1997) 2 JT 426 : (1997) 2 SCALE 9 : (1997) 1 SCALE 532 : (1997) 11 SCC 430 SUPREME COURT OF INDIA DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SKIPPER…

Corporate

Central Excise Rules, 1944 – Rule 9, 9(1), 49 – Payment of duty – The duty was payable when the single ply yarn was manufactured

Apr 19, 2017 sclaw

(1996) 9 AD 561 : (1997) 68 ECR 5 : (1996) 88 ELT 645 : (1996) 11 JT 729 : (1996) 8 SCALE 586 : (1996) 11 SCC 55 :…

Bail Granted

Bail—Grant of—In granting bail in non-bailable offence, the primary consideration is the gravity and the nature of the offence. Bail—Grant of—While deciding bail, Court cannot go into the question of credibility and reliability of the witness put up by prosecution.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1885 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 651…

I P C

Murder—As per S.B. Sinha, J.- It can not be conclusively said that murder of wife for usurping property is a particularly rarest of rare incident–It could, be a rare case. Murder—Death penalty—Imposition of—As per Markandey Katju, J.- That pre-planned, calculated, cold-blooded murder has always been regarded as one of an aggravated kind.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1851 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 454 of…

State Laws

Illegal import—Burden of proof was upon the accused to establish the foundation of charge.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1848 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1114 of…

Constitution

Roster—Allotment of work to other Judges—Where the matter is heard in part, normally it should not be transferred to another Judge.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1845 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

No award has been made under Section 11 of the Act – Court leave open the rights of the respondents to claim compensation for the buildings/trees in accordance with law treating the award already made as one not awarding any compensation for the buildings/trees

Penal Code, 1860 (IPC) – Sections 148 and 300 – Unlawful assembly – Murder – Eye witness not naming some of the accused persons in the evidence – In abundant caution the accused persons exonerated.

Liability to pay damages – As principle of law, the High Court was obviously incorrect in interfering with and modifying the consent decree unless parties agree for the same

Misuse of the power – Whether two persons are guilty of deliberate and/or intentional misuse/abuse of their power in the matter of the New Bank of India extending bank guarantees to and on behalf of Skipper group of companies and what loss, if any, have they caused to the bank on that account

Central Excise Rules, 1944 – Rule 9, 9(1), 49 – Payment of duty – The duty was payable when the single ply yarn was manufactured

Bail—Grant of—In granting bail in non-bailable offence, the primary consideration is the gravity and the nature of the offence. Bail—Grant of—While deciding bail, Court cannot go into the question of credibility and reliability of the witness put up by prosecution.

Illegal import—Burden of proof was upon the accused to establish the foundation of charge.

Roster—Allotment of work to other Judges—Where the matter is heard in part, normally it should not be transferred to another Judge.

You missed

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Supreme Court of India Judgements

Month: April 2017

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