ISRO Spy Case – While granting anticipatory bail to the respondents-accused, the High Court has neither considered the allegations against the respective accused nor the role played by them nor the position held by them at the time of registering the FIR in the year 1994 nor the role played by them during the investigation of Crime – Remanded
SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. P.S. JAYAPRAKASH ETC. ETC. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal…
Service Law – Appointment – Candidate could not have been denied the appointment solely on the ground that he was tried for the offence under Section 498A of IPC, if he was acquitted
SUPREME COURT OF INDIA DIVISION BENCH PRAMOD SINGH KIRAR — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M. R. Shah and C.T. Ravikumar, JJ.…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – The obligation to pay is complete by tendering the amount under Section 31(1). The landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act.
SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR (SOUTH), NEW DELHI AND ANOTHER — Appellant Vs. SURESH B. KAPUR AND OTHERS — Respondent ( Before : M.R. Shah and…
Land Acquisition Act, 1894 – The mode of taking possession under the 1894 Act and as contemplated under Section 24(2) is by drawing of inquest report/memorandum. Once award has been passed on taking possession under Section 16 of the 1894 Act, the land vests in State there is no divesting provided under Section 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Section 24(2).
SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. KRISHNA SAINI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…
Order 33 Rule 1, 5 CPC – HELD when having prima facie found that the plaint does not disclose any cause of action and the suit is barred by res judicata it cannot be said that the learned Trial Court committed any error in rejecting the application to sue as indigent persons.
SUPREME COURT OF INDIA DIVISION BENCH SOLOMON SELVARAJ AND OTHERS — Appellant Vs. INDIRANI BHAGAWAN SINGH AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. )…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force, in a proceeding for land acquisition pending with the authority concerned as on 1-1-2014. The period of subsistence of interim orders passed by court has to be excluded in the computation of five years.
SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. MOHD. ZUBAIR AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…
Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act i.e. 1-1-2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.”
SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. KARAMPAL AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.
SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SUDESH VERMA AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…
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,…
Central Excise Act, 1944 – Section 11B – Central Excise Rules, 2002 – Rule 18 – Rebate of duty – While making claim for rebate of duty under Rule 18 of the Central Excise Rules, 2002, the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 shall have to be applied and applicable
SUPREME COURT OF INDIA DIVISION BENCH SANSERA ENGINEERING LIMITED — Appellant Vs. DEPUTY COMMISSIONER, LARGE TAX PAYER UNIT, BENGALURU — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ.…