Recruitment to public services – Where the recruitment to public employment stands vitiated as a consequence of systemic fraud or irregularities, the entire process becomes illegitimate.
SUPREME COURT OF INDIA DIVISION BENCH SACHIN KUMAR AND OTHERS — Appellant Vs. DELHI SUBORDINATE SERVICE SELECTION BOARD (DSSSB) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud…
CPC – Compliance of proviso to Section 17 is a Precondition for maintainability of application under Order 9 Rule 13 – Application under Order 9 Rule 13 can be allowed only when sufficient cause is made out to set aside the ex parte decree
SUPREME COURT OF INDIA DIVISION BENCH SUBODH KUMAR — Appellant Vs. SHAMIM AHMED — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Civil Appeal Nos. 802-803…
If evidence on record clearly establishes that the deceased was murdered by the accused by using firearm, the factum of motive loses its importance, more so, in this case the motive has been established by leading cogent evidence to show that only because the deceased had developed relationship with accused’s wife, has decided to eliminate the deceased
SUPREME COURT OF INDIA DIVISION BENCH RAHUL — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Criminal Appeal No. 262…
Dying declaration – Deceased has suffered 90 per cent injuries and was in a fit condition to make a declaration – Deceased was tortured by the accused and his family members – Merely because family members were in the hospital, the same is no ground to disbelieve the dying declaration – Conviction upheld.
SUPREME COURT OF INDIA DIVISION BENCH SATPAL — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Criminal Appeal No. 261…
Arbitration and Conciliation Act, 1996 – Section 34(3) – Period of limitation for filing objections would have to be reckoned from the date on which the signed copy of the award was made.
SUPREME COURT OF INDIA DIVISION BENCH DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED — Appellant Vs. M/S NAVIGANT TECHNOLOGIES PRIVATE LIMITED — Respondent ( Before : Indu Malhotra and Ajay Rastogi,…
Murder – Post-Mortem Report – No marks on the body which would suggest violence or struggle – In any case, the medical expert himself has not ruled out the possibility of suicidal death – Post-Mortem Report shows, that the cause of death was ‘asphyxia due to hanging’ – Appellant acquitted.
SUPREME COURT OF INDIA DIVISION BENCH SHIVAJI CHINTAPPA PATIL — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : R.F. Nariman and B. R. Gavai, JJ. ) Criminal Appeal…
Income Tax Act, 1961 – Section 195 – No TDS applicable on Indian Companies for amount Paid to use Foreign Software.
SUPREME COURT OF INDIA DIVISION BENCH ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED — Appellant Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER — Respondent ( Before…
I B C, 2016 – S 14 – For the period of moratorium, since no Section 138/141 (NIA) proceeding can continue or be initiated against the corporate debtor because of a statutory bar, such proceedings can be initiated or continued against the persons mentioned in Section 141(1) and (2) of the Negotiable Instruments Act
SUPREME COURT OF INDIA FULL BENCH P. MOHANRAJ AND OTHERS — Appellant Vs. M/S. SHAH BROTHERS ISPAT PRIVATE LIMITED — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and…
It is settled law that a secured creditor stands outside the winding up and can realise its security dehors winding up proceedings.-Winding up proceedings – A petition either under Section 7 or Section 9 of the IBC is an independent proceeding which is unaffected by winding up proceedings that may be filed qua the same company
SUPREME COURT OF INDIA DIVISION BENCH A. NAVINCHANDRA STEELS PRIVATE LIMITED — Appellant Vs. SREI EQUIPMENT FINANCE LIMITED AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and B.R.…
Kerala Building Tax Act, 1975 – Section 3(1)(b) – Property Tax – Exemption – Buildings owned by educational institutions for providing hostel accommodation to students and for the Religious purposes are qualify for exemption under clause (b) of Section 3(1) of the Act.
SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF KERALA AND ANOTHER — Appellant Vs. MOTHER SUPERIOR ADORATION CONVENT — Respondent ( Before : R. F. Nariman and B.R. Gavai, JJ.…