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Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that. In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed. Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’ Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted. Land Acquisition – Compensation – If any individual is to be divested or deprived of the said right by the State, it ought not be done without giving compensation in accordance with law for the land so acquired for public purpose
G S T

Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.

Sep 19, 2023 sclaw
Acquittal

In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.

Sep 19, 2023 sclaw
Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.
G S T
Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.
In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.
Acquittal
In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.
Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’
I B C
Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’
Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.
Matrimonial
Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.
I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1. Medical evidence and ocular evidence–Variation in–Effect of–Held; Eyewitnesses’ account would require a careful independent assessment and evaluation for its credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility.

Oct 16, 2017 sclaw

  2007(5) LAW HERALD (SC) 4087 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1592 of…

I P C

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

Oct 14, 2017 sclaw

  2007(5) LAW HERALD (SC) 4073   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1533 of…

Service Matters
Service

Pension–High Court dismissed the petition as respondent produced fabricated documents–Allowed another petition extending benefit of governing rules–Not justified. Writ Jurisdiction–Miscellaneous Application–Where a proceedings stands terminated by final disposal of writ petition–It is not open to the court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action.

Oct 14, 2017 sclaw

   2007(5) LAW HERALD (SC) 4066 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H. K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

I P C

Death by Negligence–Negligence and rashness to be punishable in terms of Section 304-A must be attributable to a state of mind wherein the criminality arises because of no error in judgment but of a deliberation in the mind risking the crime as well as the life of the person who may lose his life as a result of the crime. Death by Negligence–Accident on unmanned railway crossing, where appellant was driving a bus and engine of train struck and rear of bus–Several injured and two died–Section 302 IPC has no application. Death by Negligence– The provision of section is not limited to rash or negligent driving–Any rash or negligent act whereby death of any person is caused becomes punishable

Oct 14, 2017 sclaw

  2007(5) LAW HERALD (SC) 4060     IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No.…

Cr P C

Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.

Oct 11, 2017 sclaw

  2007(5) LAW HERALD (SC) 4045   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…

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G S T

Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.

Sep 19, 2023 sclaw
Acquittal

In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.

Sep 19, 2023 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’

Sep 19, 2023 sclaw
Matrimonial

Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.

Sep 19, 2023 sclaw