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we are of the view that the order of status quo passed by the trial court was justified in the facts and circumstances of the case. We are not entering into the merits of the matter as it may influence the trial court. We, therefore, allow this appeal, set aside the impugned order of the High Court dated 30.06.2022 maintaining the order of the trial court in order to advance justice between the parties. Abkari Act, 1077 – Section 8 – Carrying 5 litres of illicit arrack – Conviction based solely on testimony of official witnesses – Delay in investigation – Testimonies of official witnesses can not be discarded simply because independent witnesses were not examined – Mere urging that delay casts a suspicion on the investigation, without any evidence being led in furtherance thereof, cannot be sustained Transfer of Property Act, 1882 – Sections 105, 106, 107 and 108 – Registration Act, 1908 – Sections 17 and 49 – Unregistered deed of lease for immovable property – In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established – But the purpose of tenancy, so as to attract the six months’ notice period under Section 106 of the 1882 Act cannot be established by such evidence as in such a situation, registration of the deed would have been mandatory Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition. Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.

Customs Act, 1962 — Section 27 —Refund of huge amounts — Whether the doctrine of unjust enrichment is applicable in respect of raw material imported and consumed in the manufacture of a final product — Court held that a person who passes on the burden of tax to some other person, either directly or indirectly is not entitled to claim the refund of tax, the levy and/or collection of which by the State is declared to be illegal or unconstitutional

  (2014) 9 SCALE 374 SUPREME COURT OF INDIA DECCAN CEMENTS LTD. — Appellant Vs. ASST. DIRECTOR OF MINES AND GEOLOGY — Respondent ( Before : Jasti Chelameswar, J; Arjan…

Application for migration – The Vice-Chancellor and also the Director/Principal of Dental College Rohtak have totally ignored the recommendations of the sub-committee, the guidelines laid down for admission and the merit list of the candidates and for reasons of their own, they selected persons of their own choice for admission in a high-handed and arbitrary manner

  (1996) 2 AD 54 : (1996) 1 JT 636 : (1996) 1 SCALE 587 : (1996) 2 SCC 103 : (1996) 1 SCR 862 : (1996) 1 UJ 398…

Criminal Procedure Code, 1973, Section 378—Appeal against acquittal—It is trite that only when two views are possible, Supreme Court cannot interfere with a judgment of acquittal; but that would not mean that despite existence of substantial and compelling reasons, the Court will refuse to interfere in a case where it would be just and proper to do so.

2007(3) LAW HERALD (SC) 2577 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal Nos. 85-87 of 2000…

Compensation—Normally, when larger extents are involved in an acquisition, it will be more prudent to rely on sale deeds of larger extents and not to base the assessment of the compensation on values fetched at sales of small extents. Compensation—Agricultural Lands used for cultivation—Valuation of such lands on the basis of price per square meter does not appear to be justified.

  2007(3) LAW HERALD (SC) 2563  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 5355 of…

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