Prevention of Corruption Act, 1988 – complainant as well as shadow witness have turned hostile. The Trial Court had specifically held that there is no evidence produced on record to prove the demand of illegal gratification – Appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH JAGTAR SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…
Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 – Order restricts unauthorised possession of gas cylinders – HELD officer or the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by such Government – It nowhere prescribes that a Sub-Inspector of the Police can take action – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND ANOTHER — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of Acquisition proceedings – 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 DELHI DEVELOPMENT AUTHORITY — Appellant Vs. BATTI AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil Appeal…
Central Excise Act, 1944 – Section 4(4)(c) – Valuation of excisable goods – Related person – There is no finding that the price of the goods was lower than what was the price of those goods, in the market – In view of the foregoing discussion, it has to be concluded that the revenue’s decision in rejecting the value at which the goods were sold, by treating the assessee as a related person, was erroneous.
SUPREME COURT OF INDIA DIVISION BENCH M/S BILAG INDUSTRIES P. LTD. AND ANOTHER — Appellant Vs. COMMR. OF CEN. EXC. DAMAN AND ANOTHER — Respondent ( Before : S. Ravindra…
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 – Section 7 read with 19(1) – Forfeiture of Property – The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 has been enacted by the Parliament with an object to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto – Order of forfeiture is upheld.
SUPREME COURT OF INDIA DIVISION BENCH M/S. PLATINUM THEATRE AND OTHERS — Appellant Vs. COMPETENT AUTHORITY SMUGGLERS & FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 AND ANOTHER — Respondent…
(IPC) – Sections 364A, 302 and 201 – Kidnapping and murder of 7 years old child – Death sentence – Review of judgment – “rarest of rare” doctrine requires that the death sentence not be imposed only by taking into account the grave nature of crime but only if there is no possibility of reformation in a criminal
SUPREME COURT OF INDIA FULL BENCH SUNDAR @ SUNDARRAJAN — Appellant Vs. STATE BY INSPECTOR OF POLICE — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Hima Kohli and…
Odisha Administrative Tribunal (OAT) – The abolition of the OAT is not violative of the fundamental right of access to justice because the Orissa High Court will hear cases which were pending before the OAT prior to its abolition
SUPREME COURT OF INDIA DIVISION BENCH ORISSA ADMINISTRATIVE TRIBUNAL BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and…
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 – Section 13(1)(e) and 15(1) – Unless the contract itself permits subletting, it shall not be lawful, after coming into operation of the Act of 1947, for a tenant to sublet the premises let out to him or to assign or transfer in any manner his interest therein with an exception the State Government may permit so by gazette notification.
SUPREME COURT OF INDIA DIVISION BENCH YUVRAJ @ MUNNA PRALHAD JAGDALE AND OTHERS — Appellant Vs. JANARDAN SUBAJIRAO WIDE — Respondent ( Before : Sudhanshu Dhulia and Sanjay Kumar, JJ.…
(IPC) – Section 304(ii) – Culpable homicide not amounting to murder – Quantum of sentence – Court is of the opinion that the interest of justice would be met if the sentence imposed on the appellant-accused is reduced to the extent of 05 years in place of 07 years
SUPREME COURT OF INDIA DIVISION BENCH PANNEER SELVAM — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Criminal Appeal…
(IPC) – Sections 366, 342 and 506 – Kidnapping for purpose of marriage – Acquittal – Conviction solely on the basis of the statement of victim not sufficient to prove the guilty – Conviction and sentence is set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH K.H. BALAKRISHNA — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No.…