January 2023 - Page 5 of 8 - Supreme Court of India Judgements

As the possession was taken over by the acquiring body and was handed over to the beneficiary, any possession by the petitioners thereafter can be said to be encroachment and the encroachers cannot be permitted to take the benefit

Jan 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA AND OTHERS — Appellant Vs. SUSHILA AND OTHERS — Respondent ( Before : M.R. Shah and S. Ravindra Bhat, JJ.…

Cheque Dishonour

Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity – Plea accepted

Jan 19, 2023 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1978 OF 2013 RAJARAM S/O SRIRAMULU NAIDU (SINCE DECEASED) THROUGH L.RS. …APPELLANT (S) VERSUS MARUTHACHALAM (SINCE DECEASED) THROUGH…

Service

Selection list for the posts of Assistant Radio Officers in the Uttar Pradesh Police Radio Department. – held and direct that the seniority of the candidates including the appellants 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.

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL PANDEY AND ANOTHER — Appellant Vs. STATE OF U.P. THR. PRINCIPAL SECRETARY (HOME) AND OTHERS — Respondent ( Before : Ajay Rastogi and…

Constitution

Himachal Pradesh Motor Vehicles Taxation Act, 1972 – Section 3A(3) – Levy of Additional Special Road Tax – Constitutional Validity – 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 being transported by motor vehicles but also the power to lay down principles on which taxes on vehicles are to be levied –

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. GOEL BUS SERVICE KULLU ETC. ETC. — Respondent ( Before : Sanjay Kishan Kaul,…

Tenders & Contracts

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..

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT AND OTHERS — Appellant Vs. RATTAN INDIA POWER LIMITED THROUGH ITS DIRECTOR AND OTHERS — Respondent ( Before…

Direct Taxation

Income Tax Act, 1961 – Sections 158BC, 158BD and 158BFA – Payment of interest – Assessee are liable to pay the interest under Section 158BFA of the Income Tax Act for late filing of the return under Section 158BC of the Income Tax Act, in absence of any notice under Section 158BC upon the assessee-persons other than searched persons.

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.L. SWAMY — Appellant Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Consumer

Insurance – Fire Policy – Loss of material, stock, and machinery – Reinstatement value – HELD the complainant shall be entitled to the reinstatement value and not the depreciated value – NCDRC has mis-interpreted and mis-read the Clause 9 – NCDRC has seriously erred in observing and holding that the insurance company shall be liable to pay the depreciated value only and not the reinstatement value

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S OSWAL PLASTIC INDUSTRIES — Appellant Vs. MANAGER, LEGAL DEPTT N.A.I.C.O. LIMITED — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Land Acquisition

Lapse of acquisition proceedings – Appeal against – As the possession was taken over by the acquiring body and was handed over to the beneficiary, any possession by the petitioners thereafter can be said to be encroachment and the encroachers cannot be permitted to take the benefit of the provisions of Section 24(2) of the Act, 2013

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA AND OTHERS — Appellant Vs. SUSHILA AND OTHERS — Respondent ( Before : M.R. Shah and S. Ravindra Bhat, JJ.…

I P C

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

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN — Appellant Vs. KOMAL LODHA — Respondent ( Before : M.R. Shah and S. Ravindra Bhat, JJ. ) Criminal Appeal…

Land Acquisition

Lapse of acquisition proceedings – Recorded owner never came forward to receive the compensation and therefore the same was lying unpaid – Therefore, unless and until the right and title of the original writ petitioner was established the High Court has materially erred in entertaining the writ petition

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVT. OF NCT OF DELHI AND ANOTHER — Appellant Vs. BHAGRATI AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…

As the possession was taken over by the acquiring body and was handed over to the beneficiary, any possession by the petitioners thereafter can be said to be encroachment and the encroachers cannot be permitted to take the benefit

Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity – Plea accepted

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..

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

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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: January 2023

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