Penal Code, 1860 (IPC)- Sections 302, 376, 511, 454, 380 read with Section 34 – Murder and attempt to rape – Order of acquittal reversed by High Court – Appeal – Double Presumption – Non-Examination of Material Witnesses – When a circumstance has been brought to the notice of the Court by the defense and the Court is convinced that a prosecution witness has been deliberately withheld, as it in all probability would destroy its version, it has to take adverse notice – Anything contrary to such an approach would be an affront to the concept of fair play – Appellant is entitled to the benefit of doubt as the prosecution has not proved its case beyond reasonable doubt – Conviction and sentence set-aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH HARVINDER SINGH @ BACHHU — Appellant Vs. THE STATE OF HIMACHAL PRADESH — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. )…
Allotment of plot – Public auction – Defaults and failure to pay installment/balance payment – Earnest money paid by the respondent will be forfeited and will not be refunded – Rs.4,15,000/- (Rupees four lakhs fifteen thousand only), less the earnest money deposited by Respondent, will be refunded to him with simple interest at the rate of 8% per annum with effect from 01.01.2001
SUPREME COURT OF INDIA DIVISION BENCH JAMMU DEVELOPMENT AUTHORITY — Appellant Vs. S. PARAMJEET SINGH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Civil…
Constitution of India, 1950 – Article 226 – If the High Courts start entertaining Article 226 petitions for challenging the orders passed by the Civil Courts in other states, it will lead to a chaotic situation.
SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR TIWARI — Appellant Vs. INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH AND OTHERS — Respondent ( Before : Abhay S.Oka and Pankaj…
Constitution of India, 1950 – Articles 15 (2), 17, 23 and 24 – Directions to Union of India and all the States and Union Territories to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 – Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated
SUPREME COURT OF INDIA DIVISION BENCH DR. BALRAM SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…
Constitution of India, 1950 – Article 19(6) – Environment Protection Act, 1986 – Section 5 – Plastic Waste Management Rules, 2016 – Order of ban on ‘reinforced’ paper cups is upheld and in the matter of ban non-woven plastic bags, back to Tamil Nadu Pollution Control Board (TNPCB) for consideration – However, given that there is scientific basis for the ban, and it is the State Government’s policy decision to ban numerous categories of single use plastic products, in public interest, there is little room or reason, for this court to interfere on the ground of merits of the ban
SUPREME COURT OF INDIA DIVISION BENCH TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATION — Appellant Vs. STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : S. Ravindra…
Tamil Nadu Special Police Subordinate Service Rules, 1978 – Rule 14(b) – Appointment – Post of Police Constable – Suppression of information – A candidate for recruitment to a disciplined force, the non-disclosure of the information of his involvement in the criminal case and subsequent acquittal therefrom cast a serious doubt upon his character and the antecedents which is sufficient enough to disentitle him from employment – Candidate not disclosed the complete information with regard to his involvement in a criminal case, wherein he might have been acquitted earlier even before verification, he cannot escape the guilt of suppressing the material information – Candidate not be entitled to appointment.
SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR GENERAL OF POLICE TAMILNADU, MYLAPORE — Appellant Vs. J. RAGHUNEES — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…
The Central Excise Tariff Heading 2403- there cannot be a demand against the classification under which the product is registered without undoing the classification of the product in the registration certificate
SUPREME COURT OF INDIA DIVISION BENCH COMMERCIAL OF CENTRAL EXCISE AHMEDABAD — Appellant Vs. M/S URMIN PRODUCTS P. LTD. AND OTHERS — Respondent ( Before : S. Ravindra Bhat and…
Criminal Procedure Code, 1973 (CrPC) – Section 311 of course, does not intend to fill the lacunae in the prosecution’s case and cause any serious prejudice to the rights of an accused – If a witness turns hostile for extenuating reasons and is reluctant to depose the unvarnished truth, it will cause irreversible damage to the administration of justice and the faith of the society at large in the efficacy and credibility of the criminal justice system will stand eroded and shattered – Power to recall witnesses under Section 311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail.
SUPREME COURT OF INDIA DIVISION BENCH MUNILAKSHMI — Appellant Vs. NARENDRA BABU AND ANOTHER — Respondent ( Before : Surya Kant and Dipankar Datta, JJ. ) Criminal Appeal No. 3297…
Cancellation of Bail – If it is found that an undertrial has attempted to misuse the concession of bail either by influencing the witnesses or tampering with the evidence or trying to flee from justice, such person can be committed to custody by withdrawing the concession of bail.
SUPREME COURT OF INDIA DIVISION BENCH MUNILAKSHMI — Appellant Vs. NARENDRA BABU AND ANOTHER — Respondent ( Before : Surya Kant and Dipankar Datta, JJ. ) Criminal Appeal No. 3297…
State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid
“The amendments in question, made to the Telangana VAT Act, and the Gujarat VAT Act, after 01.07.2017 were correctly held void, for want of legislative competence, by the two High…