Penal Code, 1860 (IPC) – Sections 302 and 149 – Arms Act, 1959 – Section 25 – Murder – Death sentence – Criminal history of the convict by itself cannot be a ground for awarding him death penalty – Past conduct does not necessarily have to be taken into consideration while imposing death penalty – Present case is not a case wherein it can be held that imposition of death penalty is the only alternative
SUPREME COURT OF INDIA FULL BENCH MADAN — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal…
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Sections 3, 9 and 12A – Detention order – Applicability of Section 9 and Section 12A of COFEPOSA – Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board –
SUPREME COURT OF INDIA DIVISION BENCH THANESAR SINGH SODHI (D) THR. LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Vikram Nath and…
Carriage by Air Act, 1972 – Sections 19 and 13(3) – Carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods – If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
SUPREME COURT OF INDIA DIVISION BENCH M/S. RAJASTHAN ART EMPORIUM — Appellant Vs. KUWAIT AIRWAYS AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ. )…
Service Law – Parity in pay scales – Relief cannot be denied to the employees when the entitlement is denied due to irrational consideration without application of mind to the facts involved in the case by the employer, thereby denying the benefits to the employees
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. D.G.O.F. EMPLOYEES ASSOCIATION AND ANOTHER — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha,…
Interpretation of Contract – A commercial document cannot be interpreted in a manner that is at odds with the original purpose and intendment of the parties to the document – A deviation from the plain terms of the contract is warranted only when it serves business efficacy better.
SUPREME COURT OF INDIA FULL BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…
Service Law – Relaxation – Eligibility qualifications – State had power to relax the eligibility criteria, the same could not have been done mid-stream without giving wide publicity of such change, and opportunity to similarly situated candidates to apply and compete with others
SUPREME COURT OF INDIA DIVISION BENCH ANKITA THAKUR AND OTHERS — Appellant Vs. THE H.P. STAFF SELECTION COMMISSION AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy,…
Constitution of India, 1950 – Article 32 – Writ Petition – Direction to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies HELD Learned Chief Justices of the High Courts shall register a suo-motu case with the title, “In Re: designated courts for MPs/MLAs” to monitor early disposal of criminal cases pending against the members of Parliament and Legislative Assemblies – The suo-motu case may be heard by the Special Bench presided by the Learned Chief Justice or a bench assigned by them.
SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha…
Penal Code, 1860 (IPC) – Evidence Act, 1972 – Section 32 – Murder by poisoning – Dying declaration – A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone – Conviction and sentence set-aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH HARIPRASAD @ KISHAN SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal…
Employees Provident Fund And Miscellaneous Provisions Act, 1952 – Section 1(3)(B) – Establishments of factories – Clause (a) of sub-Section (3) is applicable only to those factories engaged in any industry specified in Schedule I – Clause (b) of sub-Section (3) is applicable to all other establishments which are not covered by clause (a) of sub-Section (3) provided such establishments are notified by a notification issued by the Central Government which is published in the official Gazette
SUPREME COURT OF INDIA DIVISION BENCH THANKAMMA BABY — Appellant Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI, KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…
Forfeiture of gratuity – Compulsory retirement; removal from service which shall not be a disqualification for future employment and dismissal which shall ordinarily be a disqualification for future employment are distinct and separate punishments – Act of forfeiture of gratuity is not envisaged as the provisions are silent on the aspect of forfeiture in case of compulsory retirement.
SUPREME COURT OF INDIA DIVISION BENCH JYOTIRMAY RAY — Appellant Vs. THE FIELD GENERAL MANAGER, PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…