Category: Constitution

Constitution of India, 1950 – Articles 21 and 32 – Transfer of Criminal Trial to CBI Special Court, Andhra Pradesh to CBI Special Court, Hyderabad or CBI Special Court, New Delhi – Murder of former AP Minister – Considering the facts and circumstances, it cannot be said that apprehension on the part of the petitioners being daughter and wife of the deceased that there may not be a fair trial – justice is not to be done but the justice is seen to have been done also — Case transferred to Hyderabad – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH SUNEETHA NARREDDY AND ANOTHER — Appellant Vs. THE CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

Pharmacy – Fake Pharmacist – Under the provisions of the Pharmacy Act, 1948 as well as the Pharmacy Practice Regulations, 2015, it is the duty cast upon the Pharmacy Council and the State Government to see that the hospitals/medical stores, etc., are not run by the fake pharmacist and are run by the registered pharmacist only – Remanded

SUPREME COURT OF INDIA DIVISION BENCH MUKESH KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : M. R. Shah and M.M. Sundresh, JJ. )…

HELD concerned landowners who have continued to occupy the lands shall vacate it upon the deposit of compensation. The Collector or the concerned authority shall issue a certificate in this regard which shall entitle them to the one-time rehabilitation payment or payment in lieu of compensation or any other benefit under the Act, according to the choice exercised by them in the manner ..

SUPREME COURT OF INDIA FULL BENCH MAHANADI COAL FIELDS LIMITED AND ANOTHER — Appellant Vs. MATHIAS ORAM AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra…

Taxation – Entry tax – i.e. for the purpose of their “consumption, use or sale” within that area. It could even be that the goods enter within the industrial area or estate, as the ultimate point of destination for their use. In any case, the levy would be attracted because the incidence is the entry into the local area.

SUPREME COURT OF INDIA FULL BENCH M/S. OCL INDIA LIMITED — Appellant Vs. STATE OF ORISSA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat…

Bombay Riots – Compensation to victims – The houses, places of business and properties of the citizens were destroyed – These are all violations of their rights guaranteed under Article 21 of the Constitution of India – One of the root causes of their suffering was the failure of the State Government to maintain law and order. Therefore, the affected persons had a right to seek compensation from the State Government.

SUPREME COURT OF INDIA FULL BENCH SHAKEEL AHMED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath,…

Benefit of Additional licence – Export of processed iron ore – Merely because some others are granted the benefit wrongly, the appellant cannot be permitted to pray for the similar benefits – There cannot be any negative discrimination which may perpetuate the illegality

SUPREME COURT OF INDIA DIVISION BENCH CHOWGULE & COMPANY LIMITED — Appellant Vs. ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS — Respondent ( Before : M.R. Shah and Krishna…

Allotment of land – Deputy Collector possess the powers to pass the orders of allotment – High Court has seriously erred in setting aside orders on the ground that the Deputy Collector was not having jurisdiction and therefore order is coram non judice – Matter is remitted to the High Court

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM ABASAHEB DESHMUKH — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

Draft Rules of Criminal Practice, 2021 – Rule 4 – Supply of documents – Right of the accused to receive the list of documents, material, etc. would only apply after the draft rules are adopted – would lead to an anomalous situation where the right of the accused in one state, prejudicially differs from that afforded to an accused, in another.

SUPREME COURT OF INDIA FULL BENCH P. PONNUSAMY — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Bela…