Supreme Court of India Judgements

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Central Excise Act, 1944 — Section 11A(1) proviso — Extended period of limitation — Invocation of extended period of limitation for recovery of excise duty on Naphtha — Requires proof of fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty — Revenue failed to establish any deliberate act of suppression or evasion by the appellant, a public sector undertaking — Any duty evaded would be revenue neutral due to subsidy mechanism — Extended period of limitation held not applicable. Army Pension Regulations, 1961 — Condonation of shortfall in qualifying service for second pension for Defence Security Corps (DSC) personnel — The Union of India’s contention that condonation for shortfall in qualifying service for a second pension is not applicable to DSC personnel is rejected— The court finds that the Pension Regulations for the Army, specifically Paragraphs 125 (1961) and 44 (2008), which allow for condonation of service deficiency, are applicable to DSC personnel by incorporation by reference, unless there is an explicit inconsistency with DSC-specific provisions— The court finds no such inconsistency— Letters issued by the Ministry of Defence attempting to exclude DSC personnel from this condonation are ineffective as they cannot override statutory regulations. Arbitration Act, 1940 — Section 2(a), Sections 30 & 33 — Arbitration agreement — Validity — Held, a clause in a contract that refers disputes to the Collector for a final decision and allows for appeals within the government hierarchy does not constitute an arbitration agreement — For a valid arbitration agreement, there must be mutual consent between parties to resolve disputes through arbitration. Penal Code, 1860 (IPC) — Section 376 — Offences Against Women — Sexual Assault — Trial Court convicted accused for sexual assault based on victim’s testimony corroborated by parents, medical witnesses, and others — High Court acquitted accused, citing improbabilities like distance traveled by victim and family animosity, and contradictions in witness testimonies — Supreme Court, while acknowledging the scope of interference in acquittals, analyzed the evidence — Supreme Court held that minor inconsistencies should not lead to rejection of credible testimony and that medical evidence corroborated victim’s testimony — Therefore, the Supreme Court set aside the High Court’s acquittal and upheld the conviction, stating the victim’s sole testimony was sufficient to establish the offense. Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.
Customs & Excise

Central Excise Act, 1944 — Section 11A(1) proviso — Extended period of limitation — Invocation of extended period of limitation for recovery of excise duty on Naphtha — Requires proof of fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty — Revenue failed to establish any deliberate act of suppression or evasion by the appellant, a public sector undertaking — Any duty evaded would be revenue neutral due to subsidy mechanism — Extended period of limitation held not applicable.

Mar 26, 2026 sclaw
Service

Army Pension Regulations, 1961 — Condonation of shortfall in qualifying service for second pension for Defence Security Corps (DSC) personnel — The Union of India’s contention that condonation for shortfall in qualifying service for a second pension is not applicable to DSC personnel is rejected— The court finds that the Pension Regulations for the Army, specifically Paragraphs 125 (1961) and 44 (2008), which allow for condonation of service deficiency, are applicable to DSC personnel by incorporation by reference, unless there is an explicit inconsistency with DSC-specific provisions— The court finds no such inconsistency— Letters issued by the Ministry of Defence attempting to exclude DSC personnel from this condonation are ineffective as they cannot override statutory regulations.

Mar 26, 2026 sclaw
Central Excise Act, 1944 — Section 11A(1) proviso — Extended period of limitation — Invocation of extended period of limitation for recovery of excise duty on Naphtha — Requires proof of fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty — Revenue failed to establish any deliberate act of suppression or evasion by the appellant, a public sector undertaking — Any duty evaded would be revenue neutral due to subsidy mechanism — Extended period of limitation held not applicable.
Customs & Excise
Central Excise Act, 1944 — Section 11A(1) proviso — Extended period of limitation — Invocation of extended period of limitation for recovery of excise duty on Naphtha — Requires proof of fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty — Revenue failed to establish any deliberate act of suppression or evasion by the appellant, a public sector undertaking — Any duty evaded would be revenue neutral due to subsidy mechanism — Extended period of limitation held not applicable.
Army Pension Regulations, 1961 — Condonation of shortfall in qualifying service for second pension for Defence Security Corps (DSC) personnel — The Union of India’s contention that condonation for shortfall in qualifying service for a second pension is not applicable to DSC personnel is rejected— The court finds that the Pension Regulations for the Army, specifically Paragraphs 125 (1961) and 44 (2008), which allow for condonation of service deficiency, are applicable to DSC personnel by incorporation by reference, unless there is an explicit inconsistency with DSC-specific provisions— The court finds no such inconsistency— Letters issued by the Ministry of Defence attempting to exclude DSC personnel from this condonation are ineffective as they cannot override statutory regulations.
Service
Army Pension Regulations, 1961 — Condonation of shortfall in qualifying service for second pension for Defence Security Corps (DSC) personnel — The Union of India’s contention that condonation for shortfall in qualifying service for a second pension is not applicable to DSC personnel is rejected— The court finds that the Pension Regulations for the Army, specifically Paragraphs 125 (1961) and 44 (2008), which allow for condonation of service deficiency, are applicable to DSC personnel by incorporation by reference, unless there is an explicit inconsistency with DSC-specific provisions— The court finds no such inconsistency— Letters issued by the Ministry of Defence attempting to exclude DSC personnel from this condonation are ineffective as they cannot override statutory regulations.
Arbitration Act, 1940 — Section 2(a), Sections 30 & 33 — Arbitration agreement — Validity — Held, a clause in a contract that refers disputes to the Collector for a final decision and allows for appeals within the government hierarchy does not constitute an arbitration agreement — For a valid arbitration agreement, there must be mutual consent between parties to resolve disputes through arbitration.
Arbitration
Arbitration Act, 1940 — Section 2(a), Sections 30 & 33 — Arbitration agreement — Validity — Held, a clause in a contract that refers disputes to the Collector for a final decision and allows for appeals within the government hierarchy does not constitute an arbitration agreement — For a valid arbitration agreement, there must be mutual consent between parties to resolve disputes through arbitration.
Penal Code, 1860 (IPC) — Section 376 — Offences Against Women — Sexual Assault — Trial Court convicted accused for sexual assault based on victim’s testimony corroborated by parents, medical witnesses, and others — High Court acquitted accused, citing improbabilities like distance traveled by victim and family animosity, and contradictions in witness testimonies — Supreme Court, while acknowledging the scope of interference in acquittals, analyzed the evidence — Supreme Court held that minor inconsistencies should not lead to rejection of credible testimony and that medical evidence corroborated victim’s testimony — Therefore, the Supreme Court set aside the High Court’s acquittal and upheld the conviction, stating the victim’s sole testimony was sufficient to establish the offense.
I P C
Penal Code, 1860 (IPC) — Section 376 — Offences Against Women — Sexual Assault — Trial Court convicted accused for sexual assault based on victim’s testimony corroborated by parents, medical witnesses, and others — High Court acquitted accused, citing improbabilities like distance traveled by victim and family animosity, and contradictions in witness testimonies — Supreme Court, while acknowledging the scope of interference in acquittals, analyzed the evidence — Supreme Court held that minor inconsistencies should not lead to rejection of credible testimony and that medical evidence corroborated victim’s testimony — Therefore, the Supreme Court set aside the High Court’s acquittal and upheld the conviction, stating the victim’s sole testimony was sufficient to establish the offense.
I P C

-Culpable Homicide–Murder–Sudden Fight–The help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight; (c) without the offender’s having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed–To bring a case within Exception 4 all the ingredients mentioned in it must be found–Penal Code, 1860, Section 300 Exception 4 and Section 304 Part I.

Dec 14, 2017 sclaw

2008(1) LAW HERALD (SC) 423 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam  Appeal (crl.)  12 of 2008 …

Service Matters
Service

Promotion–Relaxation in Rules–There should not be any relaxation in rules unless the eligible and qualified candidates are not available–Relaxation should not be exercised to perpetuate mistake. Promotion–Respondent was promoted though he was not eligible and qualified–Held; mistakes are mistakes and can be corrected by following the due process of law.

Dec 14, 2017 sclaw

2008(1) LAW HERALD (SC) 417 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice J.M. Panchal Civil Appeal No. 5865 of 2007…

Rent

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.

Dec 13, 2017 sclaw

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…

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Customs & Excise

Central Excise Act, 1944 — Section 11A(1) proviso — Extended period of limitation — Invocation of extended period of limitation for recovery of excise duty on Naphtha — Requires proof of fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty — Revenue failed to establish any deliberate act of suppression or evasion by the appellant, a public sector undertaking — Any duty evaded would be revenue neutral due to subsidy mechanism — Extended period of limitation held not applicable.

Mar 26, 2026 sclaw
Service

Army Pension Regulations, 1961 — Condonation of shortfall in qualifying service for second pension for Defence Security Corps (DSC) personnel — The Union of India’s contention that condonation for shortfall in qualifying service for a second pension is not applicable to DSC personnel is rejected— The court finds that the Pension Regulations for the Army, specifically Paragraphs 125 (1961) and 44 (2008), which allow for condonation of service deficiency, are applicable to DSC personnel by incorporation by reference, unless there is an explicit inconsistency with DSC-specific provisions— The court finds no such inconsistency— Letters issued by the Ministry of Defence attempting to exclude DSC personnel from this condonation are ineffective as they cannot override statutory regulations.

Mar 26, 2026 sclaw
Arbitration

Arbitration Act, 1940 — Section 2(a), Sections 30 & 33 — Arbitration agreement — Validity — Held, a clause in a contract that refers disputes to the Collector for a final decision and allows for appeals within the government hierarchy does not constitute an arbitration agreement — For a valid arbitration agreement, there must be mutual consent between parties to resolve disputes through arbitration.

Mar 26, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 376 — Offences Against Women — Sexual Assault — Trial Court convicted accused for sexual assault based on victim’s testimony corroborated by parents, medical witnesses, and others — High Court acquitted accused, citing improbabilities like distance traveled by victim and family animosity, and contradictions in witness testimonies — Supreme Court, while acknowledging the scope of interference in acquittals, analyzed the evidence — Supreme Court held that minor inconsistencies should not lead to rejection of credible testimony and that medical evidence corroborated victim’s testimony — Therefore, the Supreme Court set aside the High Court’s acquittal and upheld the conviction, stating the victim’s sole testimony was sufficient to establish the offense.

Mar 26, 2026 sclaw