Narcotic Drugs and Psychotrpic Substances Act, 1985-Section 50 – Search and seizure – Notice of option of search – Procedure – Option under Section 50 require the search to be conducted in presence of senior officer – There is no further option of being searched in presence of either a Gazetted Officer or Magistrate.
(1996) 1 AD 903 : AIR 1996 SC 2926 : (1996) CriLJ 1694 : (1996) 1 Crimes 55 : (1996) 53 ECC 120 : (1996) 1 SCALE 567 :…
Civil Procedure Code, 1908 (CPC) – Section 34 – Interest – Rate of – Determination of – Quantum of interest a Court may allow in a given case, governed by the facts of the case and not by any precedent unless limited by statute.
AIR 2003 SC 3411 : (2004) 1 BC 197 : (2003) 2 JT 363 Supp : (2004) 136 PLR 461 : (2003) 8 SCALE 37 : (2003) 11 SCC…
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…
Transfer of Property Act, 1882 – Sections 76(a) and 76(e) – Mortgagee in possession – Let out by mortgagee – It is not a prudent act of management – Redemption of mortgage
AIR 1988 SC 299 : (1987) 4 JT 545 : (1987) 2 SCALE 1470 : (1988) 1 SCC 377 : (1988) 2 SCR 99 : (1988) 1 UJ 411…
Penal Code, 1860 (IPC) – Section 302 – Murder – Circumstantial evidence – Proof cannot be substituted by robust suspicion – But if all facts and circumstances point to only one conclusion, it is difficult to ignore them and even in a case of circumstantial evidence, it is possible to secure a conviction
(2013) CriLJ 481 : (2013) 1 Crimes 364 : (2013) 1 JCC 225 : (2012) 1 JCC 225 : (2012) 12 JT 1 : (2013) 1 RCR(Criminal) 354 :…
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…
Constitution of India, 1950 – Article 136 – U.P. Industrial Disputes Act. 1947 – Section 4-A – Registration – Voluntary resignation – Effective date of – Withdrawal of letter of resignation
AIR 1999 SC 558 : (1998) 6 JT 71 : (1999) LabIC 231 : (1998) 2 LLJ 1008 : (1998) 5 SCC 461 : (1998) SCC(L&S) 1379 : (1998)…
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…
Whether the State Council of Education, Research an Training (SCERT) is ‘State’ within the meaning of Article 12 of Constitution? NO.
2007(3) LAW HERALD (SC) 2569 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice P.P. Naolekar Civil Appeal No. 3272 of…
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…