(IPC) – Ss 302 – Murder – Single injury – There is no hard and fast rule that in a case of single injury Section 302 IPC would not be attracted – It depends upon the facts and circumstances of each case. It is the totality of the circumstances which will decide the nature of offence.
SUPREME COURT OF INDIA FULL BENCH STALIN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.…
Wealth-Tax Act, 1957 – Sections 21AA and 167A – Club Rules – Rule 35 – Liability to pay Wealth Tax – Section 21AA does not enlarge the field of tax payers but only plugs evasion -applying the ratio of CWT v. Trustees of H.E.H. Nizam’s Family 108 ITR 555 (1977), HELD club members fixed body as on the date of liquidation. Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH M/S BANGALORE CLUB — Appellant Vs. THE COMMISSIONER OF WEALTH TAX AND ANOTHER — RespondentS ( Before : R. F. Nariman, Navin Sinha…
Motor Accident Claims – Compensation – “Loss of Consortium” – Can be award to the legal heirs also.
SUPREME COURT OF INDIA DIVISION BENCH THE NEW INDIA ASSURANCE COMPANY LIMITED — Appellant Vs. SMT. SOMWATI AND OTHERS — Respondent ( Before : Ashok Bhushan and R. Subhash…
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 36A – Invitation for expression of interest- HELD The second meeting of the Committee of Creditors was held on 27.03.2018. The advertisement was approved in the said meeting – It was the unamended Regulation 36A that was in force at that time – This has not been appreciated by NCLAT, order of is flawed
SUPREME COURT OF INDIA FULL BENCH THE KARAD URBAN COOPERATIVE BANK LIMITED — Appellant Vs. SWWAPNIL BHINGARDEVAY AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.…
Service Law – Recruitment – Post of District Judges (Entry Level) – Grievance of the petitioners is that despite being the senior most in the cadre of District Judges, HELD a person holding a judicial office is better placed, as he is assured of a career progression (though in a limited sense) after being placed in something like a conveyor belt. There is no such assurance for an advocate – Appeal Dismissed.
SUPREME COURT OF INDIA FULL BENCH R. POORNIMA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A. S.…
Prevention of Food Adulteration Rules, 1955 – Rule 32(e) – Misbranded Standards – Product had the necessary barcode on it that contained all the relevant information as required by Rule 32(e) such as batch no./code no./lot no etc HELD information under Rule 32(e) with regard to the lot/code/batch identification to facilitate it being traced to the manufacturer are available prosecution to continue and it will be an abuse of the process of law
SUPREME COURT OF INDIA FULL BENCH RAGHAV GUPTA — Appellant Vs. STATE (NCT OF DELHI) AND ANOTHER — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee,…
The application for recall of an order by which an earlier application for recall of the judgment was dismissed is not maintainable. The only remedy open to the Appellant was to have filed a Review Petition as suggested by this Court
The application for recall of an order by which an earlier application for recall of the judgment was dismissed is not maintainable. The only remedy open to the Appellant was…
Anti Dumping Duty] Judicial Review Should Not Be Exercised Virtually As A Continuous Oversight Of Designated Authority Functions: S C O I
Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courts and this court with powers under Articles 226 and…
HELD “… difference between the offences in Section 195(1)(b)(i) & Section 195(1)(b)(ii) of the CrPC – Where the facts mentioned in a complaint attracts the provisions of Ss 191 to 193 of the IPC, Section 195(1)(b)(i) of the CrPC applies. The offence punishable under these sections does not have to be committed only in any proceeding in any Court but can also be an offence alleged to have been committed in relation to any proceeding in any Court.
HELD “…it is important to understand the difference between the offences mentioned in Section 195(1)(b)(i) and Section 195(1)(b)(ii) of the CrPC. Where the facts mentioned in a complaint attracts the…
Urban Land (Ceiling and Regulation) Act, 1976 – Sections 20, 21 and 38(4) – Grant of exemption – competent authority being a creature of the statute under Section 2(d) of the Act, cannot act beyond its statutory jurisdiction and the exercise of its powers shall remain circumscribed by the provisions of the Act – Hence demand of price and recovery of property price outside the purview of act illegal.
SUPREME COURT OF INDIA DIVISION BENCH SHRIDHAR C. SHETTY (DECEASED) THR. LRS. — Appellant Vs. THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY AND OTHERS — Respondent ( Before : Rohinton…