(CrPC) – Ss 436A and 439 – NDPS S 20, 25, 29 and 37 – Bail – Possession of 180 kilograms of ganja – Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too – Where the accused belongs to the weakest economic strata
SUPREME COURT OF INDIA DIVISION BENCH MOHD MUSLIM @ HUSSAIN — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…
Consumer Protection Act, 1986 – Section 2(i)(g) – proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission HELD burden of proving the deficiency in service would always be upon the person alleging it.
SUPREME COURT OF INDIA DIVISION BENCH THE CHAIRMAN & MANAGING DIRECTOR, CITY UNION BANK LIMITED AND ANOTHER — Appellant Vs. R. CHANDRAMOHAN — Respondent ( Before : Ajay Rastogi and…
Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 9 (2) – a casual or cavalier approach should not be taken in determining the age of the accused or convict on his plea of juvenility, but a decision against determination of juvenility ought not to be taken solely for the reason that offence involved is heinous or grave HELD Going by that certificate, his age at the time of commission of offence was 12 years and 6 months. Thus, he was a child/juvenile on the date of commission of offence for which he has been convicted
SUPREME COURT OF INDIA FULL BENCH NARAYAN CHETANRAM CHAUDHARY @APPLELLANT Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : K.M. Joseph, Aniruddha Bose and Hrishikesh Roy, JJ. ) Criminal…
Classification of account as fraud – Borrowers have the right to be heard before classify their accounts as fraud – Principles of natural justice demand that the borrowers must be served a notice, given an opportunity to explain the conclusions of the forensic audit report, and be allowed to represent by the banks/ JLF before their account is classified as fraud under the Master Directions on Frauds
SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA AND OTHERS — Appellant Vs. RAJESH AGARWAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and…
Tripura Sales Tax Rules, 1976 – Rule 3A(2) – the submissions on behalf of the respondents – suppliers/transferers that as there is no sale or transfer of the goods and that they are not registered with the TST Act and therefore, the liability to pay the tax at 4% does not arise cannot be accepted.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF TRIPURA AND ANOTHER — Appellant Vs. CHANDAN DEB AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ.…
Central Excise Act, 1944 – Section 11A – HELD We do not accept the contention that recovery of excise duty cannot be made pursuant to an appeal filed after invoking the provisions of Section 35-E, if the timelimit provided in Section 11-A has expired. To so read the provisions, would be to render Section 35-E virtually ineffective, which would be impermissible
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CENTRAL EXCISE, MUMBAI – 1 — Appellant Vs. M/S. MORARJEE GOKULDAS SPG. & WVG. CO. LIMITED — Respondent ( Before : M.R.…
(CrPC) – Section 482 – Quashing of criminal proceedings – Family dispute — looking to the relationship between the appellants and the original complainant of son, grandson and the mother/grandmother – Criminal proceedings against the appellants would not be in the larger interest of the parties – Criminal proceedings quashed – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH HEMANTBHAI BALVANTBHAI PATEL AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari,…
Service Law – Dues of salaries/wages – Collector, Bhandara is hereby directed to pay/disburse respective employees dues of salaries/wages to the concerned employees/legal heirs of the employes of the sugar factory.
SUPREME COURT OF INDIA DIVISION BENCH THE MAHARASHTRA STATE CO-OPERATIVE BANK LIMITED — Appellant Vs. BABULAL LADE AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ.…
Contract – Levy of penalty – without putting the contractor to notice, unilaterally, the State is not justified in levying the penalty while granting extension of time – High Court has rightly set aside the penalty levied while granting extension of time – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ODISHA AND OTHERS — Appellant Vs. RADHESHYAM AGRAWAL — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…
Income Tax Act, 1961 – Section 158BC and 158BE – Time limitation for commencement of block assessment – Date of the Panchnama last drawn would be the relevant date for considering the period of limitation of two years and not the last date of authorization.
SUPREME COURT OF INDIA DIVISION BENCH ANIL MINDA AND OTHERS — Appellant Vs. COMMISSIONER OF INCOME TAX — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…