July 2022 - Page 3 of 8 - Supreme Court of India Judgements

Union of India prayed transferring all writs challenging the constitutional validity of the Payment of Bonus (Amendment) Act, 2015 HELD the prayer for transfer of the subject petitions is declined and all the interim stay orders are vacated while providing that it shall be permissible for the parties to request the respective High Courts for expeditious hearing and disposal .

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA ETC. — Appellant Vs. THE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA ETC. ETC. AND OTHERS — Respondent ( Before : Dinesh…

State Laws

Orissa Value Added Tax Act, 2004 – Section 42(6) – Audit assessment – Further time – Power of Commissioner/ Assessing Authority — Necessity for referring the matter to three-Judges is to have consistency and clarity in the law of precedents and certainly to avoid having multiple judgements drawing subtle distinction between one another.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH COMMISSIONER OF SALES TAX ODISHA AND OTHERS — Appellant Vs. M/S. ESSEL MINING AND INDUSTRIES LTD AND ANOTHER — Respondent ( Before : Uday…

Service

Respondent being an OBC cannot be retained in a ST category post – Respondent is disentitled to any pensionary benefit by virtue of his wrongful appointment.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE CHIEF EXECUTIVE OFFICER, BHILAI STEEL PLANT, BHILAI — Appellant Vs. MAHESH KUMAR GONNADE AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul…

C P C

HELD by permitting plaintiffs to amend the plaint including a prayer clause nature of the suit is likely to be changed, in that case, the Court would not be justified in allowing the amendment. It would also result in misjoinder of causes of action.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASIAN HOTELS (NORTH) LIMITED — Appellant Vs. ALOK KUMAR LODHA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Acquittal Corruption

PCA & IPC – HELD the recovery of the tickets is found to have not been made in accordance with law, nor the seized tickets could be connected to the three different buses and the conductors manning the said buses (the appellants), it would not be safe to rely upon the unconfirmed tickets to connect them to the appellants – Prosecution did not proceed with application for secondary evidence qua enquiry report.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JARNAIL SINGH AND ANOTHER — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Criminal Appeal…

Evidence Act

Law of Evidence Evidence – Non-recovery of weapon – When there is ample ocular evidence corroborated by medical evidence, mere non-recovery of weapon from the appellant would not materially affect the case of the prosecution.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MEKALA SIVAIAH — Appellant Vs. THE STATE OF ANDHRA PRADESH — Respondent ( Before : Dinesh Maheshwari and Krishna Murari, JJ. ) Criminal Appeal…

Service

Entitlement Rules for Casualty Pensionary Awards, 1982 – Rule 12 – Disability Pension – Entitlement Rules for Casualty Pensionary Awards, 1982 are beneficial in nature and ought to be liberally construed.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. NAIK RAM SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ.…

Narcotics

Anticipatory Bail- NDPS – 50,000 Tramadol tablets – Expression “reasonable grounds” used in clause (b) of Sub-Section (1) of Section 37 would mean credible, plausible and grounds for the Court to believe that the accused person is not guilty of the alleged offence – Bail order releasing the respondent on post-arrest bail, is quashed

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NARCOTICS CONTROL BUREAU — Appellant Vs. MOHIT AGGARWAL — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima Kohli, JJ. ) Criminal…

Service

Disability pension – Respondent was discharge form service on administrative grounds, not medical grounds – Claim of disability pension should not have been entertained and that too, 20 years after discharge.

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. SEP. R. MUNUSAMY — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of Arbitrator – Even at the stage of deciding Section 11 application, the Court may prima facie consider even the aspect with regard to ‘accord and satisfaction’ of the claims.

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH INDIAN OIL CORPORATION LIMITED — Appellant Vs. NCC LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Respondent being an OBC cannot be retained in a ST category post – Respondent is disentitled to any pensionary benefit by virtue of his wrongful appointment.

HELD by permitting plaintiffs to amend the plaint including a prayer clause nature of the suit is likely to be changed, in that case, the Court would not be justified in allowing the amendment. It would also result in misjoinder of causes of action.

Law of Evidence Evidence – Non-recovery of weapon – When there is ample ocular evidence corroborated by medical evidence, mere non-recovery of weapon from the appellant would not materially affect the case of the prosecution.

Entitlement Rules for Casualty Pensionary Awards, 1982 – Rule 12 – Disability Pension – Entitlement Rules for Casualty Pensionary Awards, 1982 are beneficial in nature and ought to be liberally construed.

Disability pension – Respondent was discharge form service on administrative grounds, not medical grounds – Claim of disability pension should not have been entertained and that too, 20 years after discharge.

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of Arbitrator – Even at the stage of deciding Section 11 application, the Court may prima facie consider even the aspect with regard to ‘accord and satisfaction’ of the claims.

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Month: July 2022

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