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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Respondent themselves have prayed for mense profits @ Rs. 900/- pm and while granting SLP Supreme Court has directed to deposit Rs. 900/- pm and fact that son of the appellant has inducted a tenant in a premises, adjacent to tenanted premises @ Rs. 20,000/- pm–Interim order of depositing Rs. 20,000/- pm charges to Rs. 5,000/- pm.

2008(1) LAW HERALD (SC) 416 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari  Appeal (civil)  56 of 2008  Sharma…

Estoppel–Electricity Tariff–Levy of Surcharge–Doctrine of estoppel would apply in the case where the promise was made and it would not be applicable if no such promise was made. Tariff approved by the Commission cannot be changed by the Licensee–In case if the licensee(Corporation) violates the tariff so fixed, appropriate legal action can be taken against it.

2008(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi  Appeal (civil)  5789 of 2002 …

Surplus area–Utilisation of–High Court referred decision related to Maharashtra and U.P. to decided against appellant but recorded no finding to the effect whether Maharashtra and U.P. Statutes have any provision similar to Section 10A(b) of Punjab Security of Land Tenures Act, matter remitted to High Court to decide afresh.

2008(1) LAW HERALD (SC) 388 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 1645-1647 of…

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