Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003 – ACP Scheme – Any judicial review on the date chosen for applicability would arise only if such choice of date is demonstrated to be malafide or with ulterior motive –
SUPREME COURT OF INDIA DIVISON BENCH MD. ISLAM AND OTHERS — Appellant Vs. THE BIHAR STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Dr. D.Y. Chandrachud and A.S.…
Foreign Exchange Regulation Act, 1973 Section 6 – HELD under Rules, the Banks are required to preserve the record for five years and eight years respectively. On this ground also, permitting the show cause notices and the proceedings continued thereunder of the transactions which have taken place much prior to eight years would be unfair and unreasonable. No order in writting of RBI produced for maintaining record for longer time period
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. CITI BANK, N.A. — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. )…
Penal Code, 1860 (IPC) – Section 302 – Murder by giving poisoning – Reports of Chemical Examiner – Samples were not handed over to the Assistant Chemical Examiner who had to conduct the analysis in a sealed form – Cutting, and a fresh note regarding parcels being open also creates a doubt – Chances of tampering with the samples could not be ruled out – Appeal allowed.
SUPREME COURT OF INDIA DIVISON BENCH RAJBIR SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Criminal Appeal No.…
Constitution of India, 1950 – Article 226 – Power of High Courts to issue certain writs the actions or decisions taken solely within the confines of an ordinary contract of service, having no statutory force or – backing, cannot be recognised as being amenable to challenge under Article 226 of the Constitution
SUPREME COURT OF INDIA DIVISON BENCH ST. MARY’S EDUCATION SOCIETY AND ANOTHER — Appellant Vs. RAJENDRA PRASAD BHARGAVA AND OTHERS — Respondent ( Before : Aniruddha Bose and J.B. Pardiwala,…
Maharashtra Control of Organized Crime Act 1999 – Section 2(1)(d) – Illegal gambling – Organized crime – It is settled law that more than one charge sheet is required to be filed in respect of the organized crime syndicate and not in respect of each person who is alleged to be a member of such a syndicate.
SUPREME COURT OF INDIA DIVISON BENCH ZAKIR ABDUL MIRAJKAR — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Surya Kant,…
Power Purchase Agreement – Compounded interest – Change in Law – Adani Power is justified in stating that if the banks have charged it interest on monthly rest basis for giving loans to purchase the FGD, any restitution will be incomplete, if it is not fully compensated for the interest paid by it to the banks on compounding basis
SUPREME COURT OF INDIA FULL BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana,…
Discharge – Illegal gratification or disproportionate assets – Ingredients of alleged offences cannot be prima-facie established against the Appellant as neither had he been entrusted with funds
SUPREME COURT OF INDIA FULL BENCH PUSHPENDRA KUMAR SINHA — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : N.V. Ramana, CJI., J.K. Maheshwari and Hima Kohli, JJ. )…
Constitution of India, 1950 – Article 226 – High Courts cannot entertain plea of executing award passed by arbitral tribunal
SUPREME COURT OF INDIA DIVISON BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. SHEETAL JAIDEV VADE AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…
Constitution of India, 1950 – Article 14 – Tripura State Civil Services (Revised Pension) Rules, 2009 – Rule 3(3) – Whether Rule 3(3) was rightly struck down as arbitrary – High Court manifestly erred in striking down the Rule 3(3) of the Pension Rules,
SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF TRIPURA AND OTHERS — Appellant Vs. SMT. ANJANA BHATTACHARJEE AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…
Service tax – Amounts collected by a company during post clearing activities were not liable to be computed for service tax
SUPREME COURT OF INDIA DIVISON BENCH COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE VADODARA – I — Appellant Vs. M/S JYOTI LIMITED AND OTHERS — Respondent ( Before : M. R.…