Date	Topics	Case Titles	Citation
September 08/2009	'Land - Alienation/Allotment'	Allwyn Housing Colony Welfare Association Vs. Government Of Andhra Pradesh Civil Appeal No.6136 of 2009 The Division Bench of the High Court, by the impugned order, declined to entertain the appellant's challenge to the alienation made in favour of respondent ….. In the present case, if the writ petition was allowed the order will adversely affect the allottees. Hence, in the interest of justice, we are of the opinion that the matter should be remanded to the Division Bench of the High Court for a fresh decision in accordance with law	2009 STPL(Web) 20 SC

Date	Topics	Case Titles	Citation
September 18/2009	'Murder - Conviction upheld'	Ashok Singh Vs. State of U.P. Criminal Appeal No.640 of 2005 with Criminal Appeal No.640 of 2005 We find no reason to disbelieve Rameshwar Singh (PW3) supported fully as he is by the statement of Durjan (PW4) who is a truly independent witness ….. We also find that the ocular evidence is fully borne out by the medical evidence ….. We, therefore, confirm the judgment of the High court. The appeal is dismissed	2009 STPL(Web) 51 SC

Date	Topics	Case Titles	Citation
September 09/2009	'Eviction - Time Extension for depositing rent'	Arjunan Vs. Universal Fertilizer Corporation Civil Appeal No. 6145 of 2009 (Arising out of SLP (c) No. 20304/2007) The tenant did not deposit the arrears of rent amounting to Rs.34,400/- within a week as was observed in the order dated April 19, 2007 by the High Court. Later on, the tenant filed a petition before the High Court for extension of time on the ground that due to non-availability of certified copy of the order dated April 19, 2007, he could not deposit the rent within the time granted by the court. 11. The High Court found no justification to show further indulgence to the tenant and dismissed the petition for extension of time on July 9, 2007 ….. Although the conduct of the tenant is contumacious and far from satisfactory in so far as payment/deposit of rent is concerned and the view of High Court cannot be said to be totally unjustified but now since the amount of Rs.34,400/- for the aforesaid period has been deposited by the appellant as per the order dated November 12, 2007, in the interest of justice, we direct that the time granted by the High Court in its order dated April 19, 2007 for deposit of the amount of Rs.34,400/- shall be deemed to have been extended upto the date he deposited the said amount	2009 STPL(Web) 63 SC

Date	Topics	Case Titles	Citation
October 05/2009	'Murder - Conviction set aside'	Arun Kumar Sharma Vs. State of Bihar Criminal Appellate Jurisdiction Criminal Appeal No. 67 of 2003 Defence counsel criticized this evidence on the ground that it was too general in nature. It was suggested that it was not clear as to what articles were to be reached in the morning at 6 O'clock, to the deceased. Learned counsel also pointed out that it was unbelievable that his sister was being murdered and he did nothing except crying and running back to his parents ….. It is significant that Sushma did not have any other injuries. If the theory of the prosecution was that she was being severely beaten by fists and slaps by the accused persons, then some ante-mortem injuries ought to have been found. On the other hand, even her bangles were not broken ….. The copy of the FIR has to be sent to the Magistrate. This never happened. However, seen from the records, this FIR reached the Magistrate only on 22.06.94. This is extremely suspicious ….. Therefore, numbers of questions remain unanswered ….. This is one more reason why it is extremely difficult to accept the evidence of PW-1. The major part of his evidence is disbelieved by the Trial court and that verdict of the Trial Court has remained unchallenged	2009 STPL(Web) 71 SC

Date	Topics	Case Titles	Citation
October 07/2009	'Dowery Death - Conviction by High Court set aside'	Arulvelu Vs. State Represented By The Public Prosecutor Criminal Appeal Nos. 1233-1234 of 2002 The trial judge, while discussing the evidence of P.W.15, found that there was no demand of bridal gifts before the marriage ….. In the suicidal note, the deceased had not implicated any accused ….. The High Court observed that the FIR cannot be an encyclopedia to contain all the details of history of the case. This approach of the High Court does not seem to be correct. The FIR should at least mention a broad story of the prosecution and not mentioning of material and vital facts may affect the credibility of the FIR ….. In criminal cases the conviction can be sustained only when there is clear evidence beyond reasonable doubt. The accused cannot be convicted on the ground that in all probabilities the accused may have committed the crime. The approach of the High Court is wholly fallacious and unsustainable in law	2009 STPL(Web) 73 SC

Date	Topics	Case Titles	Citation
September 11/2009	'Practice and Procedure - Two petition filled under same Act'	Ajay Lawania Vs. Shobhna Dubey Civil Appeal No.6209 of 2009 It is well settled that if two petitions are filed under the Act, one under Section 9 and the other under Section 13, then, in order to avoid conflicting decisions, it is expedient that both the cases are heard by the same Court. Evidence in the two cases should be recorded one after the other, arguments should be heard separately and thereafter, separate judgments should be delivered on one day	2009 STPL(Web) 88 SC

Date	Topics	Case Titles	Citation
September 14/2009	'Eviction - Concurrent findings of Courts below reversed by High Court - Set aside'	Arun Kumar Keshari Vs. Ganesh Civil Appeal No.6246 of 2009 The learned Single Judge upset the concurrent findings recorded by the two courts, set aside the order of eviction and dismissed the suit ..... It has not come to the conclusion that the findings of fact recorded by the two courts were perverse. Rather the writ petition has been decided only on the basis of surmises and conjectures. Learned counsel appearing for the respondents also failed to point out any patent infirmity in the findings recorded by the trial Court and appellate Court on the issue of subletting. Therefore, the order passed by the High Court cannot be sustained	2009 STPL(Web) 91 SC

Date	Topics	Case Titles	Citation
September 16/2009	'Civil Procedure - Second Appeal - Concurrent findings of Courts below'	Azrath Bivi Vs. Chinnathambi (Dead) Thru. Lrs. Civil Appeal No.2407 of 2002 However, he could not show that the findings recorded by the Trial Court and upheld by the lower appellate Court were perverse in any manner. We have gone into the judgments rendered by the Trial Court as well as the lower appellate Court and the High Court. In our view, the findings recorded by the Trial Court as well as the lower appellate court did not suffer from any error what to say of same being perverse. Therefore, the High Court was not justified in reversing the concurrent judgments and decreed of the courts below	2009 STPL(Web) 95 SC

Date	Topics	Case Titles	Citation
October 09/2009	'Income Tax - Deduction - Un answered question'	Assistant Commnr of Income Tax, Indore Vs. Neo Sack Private Limited Civil Appeal No.6914 of 2009 (Arising out of S.L.P. (C) No.26391 of 2008) The above question has neither been answered by Income Tax Appellate Tribunal nor by the High Court. We grant liberty to the appellant herein to move the High Court and raise the issue specifically, particularly in view of the fact that an important question of law on interpretation of Section 80IA of the Act arises for determination	2009 STPL(Web) 104 SC

Date	Topics	Case Titles	Citation
October 22/2009	'Murder - Conviction upheld'	Alagarsamy Vs. State By Deputy Superintendent of Police Criminal Appeal No. 1984 of 2008 All these accused persons were convicted by the Trial Court, whose judgment was confirmed by the High Court. All of them were convicted for the offences under Section 302 read with Section 34 of the Indian Penal Code ..... They had committed murder of as many as six persons belonging to Adidravida (a Scheduled Caste) community ..... there was ample evidence available to come to the conclusion regarding the guilt of the appellants	2009 STPL(Web) 114 SC

Date	Topics	Case Titles	Citation
September 01/2009	'Divorce by Mutual Consent - Withdrawal of consent by one - Divorce by mutual consent granted'	Anil Kumar Jain Vs. Maya Jain Civil Appeal No.5952 of 2009(@ Special Leave Petition (Civil) No.14361 of 2007) Under the existing laws, the consent given by the parties at the time of filing of the joint petition for divorce by mutual consent has to subsist till the second stage when the petition comes up for orders and a decree for divorce is finally passed and it is only the Supreme Court, which, in exercise of its extraordinary powers under Article 142 of the Constitution, can pass orders to do complete justice to the parties ..... As part of the agreement between the parties the appellant had transferred valuable property rights in favour of the respondent and it was after registration of such transfer of property that she withdrew her consent for divorce. She still continues to enjoy the property and insists on living separately from the husband ..... The stand of the respondent wife that she wants to live separately from her husband but is not agreeable to a mutual divorce is not acceptable, since living separately is one of the grounds for grant of a mutual divorce and admittedly the parties are living separately for more than seven years ..... the petition for grant of mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, is accepted. There will be a decree of divorce on the basis of the joint petition filed by the parties	2009 STPL(Web) 115 SC

Date	Topics	Case Titles	Citation
October 28/2009	'Specific Performance - Contract of Sale'	A.K. Lakshmipathy (Dead) Vs. Rai Saheb Pannalal H. Lahoti Charitabletrust Civil Appeal No. 7208 of 2009 (Arising out of SLP) No. 17630 of 2005) In order to show that the appellants were all ready and willing to perform their part of their obligation to complete the agreement was to bear the remaining amount of the contract and then agitate the matter for specific performance before the court	2009 STPL(Web) 147 SC

Date	Topics	Case Titles	Citation
October 20/2009	'Income Tax - Exemption - Govt. Text Book Publication'	Assam State Text Book Production & Publication Corporation Ltd. Vs. Comm of Income Tax Civil Appeal No.2879 of 2007 with Civil Appeal Nos.2880-2887 of 2007 2895 of 2007, 2897-2898 of 2007 whether the Corporation could be termed as an `Educational Institution' in terms of Section 10(22) of the 1961 Act"? According to the Assessing Officer, since the assessee, during the relevant years, had income exclusively from publication and selling of text books to the students, exemption under Section 10(22) of the Income Tax Act, 1961 [for short, "the Act"], as it stood at the material time, was not admissible ..... it has failed to consider the letter of the Central Government dated 9th July, 1973, to the effect that all State controlled Educational Committee(s)/Board(s) have been constituted to implement the Educational policy of the State(s), consequently, they should be treated as Educational Institution	2009 STPL(Web) 150 SC

Date	Topics	Case Titles	Citation
October 23/2009	'Tax Evasion - Remand back'	Assistant Commercial Taxes Officer Vs. Harichand Civil Appeal No.7103 of 2009 (Arising out of S.L.P. (C) No.13251 of 2009) We have passed several orders criticizing the manner of disposal of Tax Revisions by the High Court in a perfunctory manner ..... remit the matter to the High Court for de novo consideration in accordance with law	2009 STPL(Web) 152 SC

Date	Topics	Case Titles	Citation
October 27/2009	'Practice and Procedure - Case preponed without notice to the appellant - order set aside'	Arulmani Vs. State Through Inspector of Police Criminal Appeal No. 1957 of 2009 (Arising out of SLP(Crl.) No. 7951 of 2008) with Criminal Appeal No submits that the hearing of the case was preponed without notice to the appellant or his counsel. There is no satisfactory reply to this frontal allegation by the respondent(s) ..... In this view of the matter, in consonance with the principles of natural justice, we are constrained to set aside the order	2009 STPL(Web) 162 SC

Date	Topics	Case Titles	Citation
November 06/2009	'Labour Law - Monetary benefit in lieu of Reinstatement'	Ashok Kumar Sharma Vs. Oberoi Flight Services Civil Appeal No.7395 of 2009 (Arising out of SLP (C) No. 30550 of 2008) the view of the High Court that monetary compensation in lieu of reinstatement of the workman would be proper cannot be said to be unjustified. However, we find that the compensation in the sum of Rs.60,000/- awarded by the Division Bench is grossly inadequate. Regard being had to all relevant facts and circumstances, including the nature of employment and the fact that he was a confirmed employee, in our considered view compensation of Rs.2 lacs to the appellant by the Respondent shall meet the ends of justice	2009 STPL(Web) 169 SC

Date	Topics	Case Titles	Citation
November 11/2009	'Abetment to Sucide/Cruelty with Women'	Amalendu Pal @ Jhantu Vs. State of West Bengal Criminal Appeal No.2091 of 2009 (Arising out of S.L.P. (Crl.) No. 9483 of 2008) The relationship between the appellant and said Anita became known to the deceased and the deceased objected to such illegal relationship. The appellant sought permission of the deceased to marry said Anita, which was also refused by the deceased. Consequently, the appellant started torturing the deceased both physically and mentally ..... This Court has consistently taken the view that before holding an accused guilty of an offence under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life ..... Consequent to the said position and due to the adamant position taken by the deceased, cruelty was meted out to her by the accused which fact is sufficiently proved from the evidence on record. Therefore, we find no reason to take a different view than what has been taken by the trial Court and the High Court as far as Section 498A IPC is concerned ..... We hereby set aside the conviction of the appellant under Section 306 but uphold the conviction of the appellant under section 498A	2009 STPL(Web) 183 SC

Date	Topics	Case Titles	Citation
November 24/2009	'Sentence - Imprisonment - Set off'	Atul Manubhai Parekh Vs. Central Bureau of Investigation Criminal M.P. No.13384 of 2009 In Criminal Appeal No.164 of 2004 with Criminal M.P. No.13382 of 2009 in Criminal Appeal No.905 of 2005, Criminal M.P. No.13381 The short point involved in this application is whether a person, who has been convicted in several cases and has suffered detention or imprisonment in connection therewith, would be entitled to the benefit of set-off in a separate case for the period of detention or imprisonment undergone by him in the other cases ..... A habitual offender may be convicted and sentenced to imprisonment at frequent intervals. If the period of pre-trial detention in various cases is counted for set-off in respect of a subsequent conviction where the period of detention is greater than the sentence in the subsequent case, the accused will not have to undergo imprisonment at all in connection with the latter case, which could not have been the intention of the legislature while introducing Section 428 in the Code in 1973	2009 STPL(Web) 228 SC

Date	Topics	Case Titles	Citation
December 15/2009	'Service Law – Gratuity'	Allahabad Bank Vs. All India Allahabad Bank Retiredemps Civil Appeal No. 1478 of 2004 With Writ Petition (Civil) No. 150 of 2007 With Writ Petition (Civil) No. 237 of 2007 There is no material placed before us that the employees while opting for the pension scheme at the time of their superannuation/retirement either expressly or impliedly waived their statutory right to claim payment of gratuity under the provisions of the Act ..... There can be no comparison between a Pension Scheme which does not provide for payment of any gratuity and right of an employee to receive payment of gratuity under the provisions of the Act	2009 STPL(Web) 280 SC

Date	Topics	Case Titles	Citation
September 10/2009	'Service Law – Seniority/Promotion – Reservation'	Anil Chandra Vs. Radha Krishna Gaur Civil Appeal No. 6187 of 2009 directing that the seniority of the respondents as existing prior to the enforcement of the U.P. Government Servants Seniority (3rd Amendment) Rules, 2007 shall not be disturbed in pursuance of the Rules ..... Providing reservation in the matter of promotion for the Scheduled Castes and Scheduled Tribes were issued ..... The rules pertaining to the reservation and promotion list is prospective in nature and thereby cannot disturb the promotion list of the appellants by virtue of this rule	2009 STPL(Web) 284 SC

Date	Topics	Case Titles	Citation
December 10/2009	'MACT – Compensation Enhanced'	Arshada Banu Vs. New India Assurance Co. Ltd. Civil Appeal No.8196 of 2009 (Arising out of S.L.P. (C) No.2798 of 2009) According to her she was about 35 years of age at the time of accident and was earning Rs.3,000/- per month. We have heard learned counsel for the parties and perused the documents on record. Looking to the fact that the appellant was working in a very small village and according to the evidence on record and other factors, we take that her annual income was Rs.18,000/- from tailoring. In the facts and circumstances of the case, we think that the proper multiplier should be sixteen ..... The High Court had granted Rs.84,000/- under the heading `Loss of Service to the Family' vide para 17 of the impugned order. Therefore, in place of Rs.84,000/-, Rs.2,88,000/- has to be substituted under the heading `Loss of earning capacity'	2009 STPL(Web) 295 SC

Date	Topics	Case Titles	Citation
December 17/2009	'Eviction – Non residential preemies'	Ashok Kumar Vs. Ved Prakash Civil Appeal No. 8417 of 2009 (Arising out of SLP) No.10675 of 2007) According to the learned counsel for the appellant, since Section 13 of the Act does not permit a landlord to evict a tenant who is in occupation of a non-residential building on the ground of bonafide requirement, the question of evicting the appellant from the tenanted premises under Section 13 of the Act would not arise at all ..... After the amendment of Section 13 of the East Punjab Rent Act, by which the word "non-residential premises" was deleted by judicial pronouncement, a landlord seeking eviction of his tenant on the ground of bonafide requirement would be entitled to file such eviction proceeding not only in respect of a residential premises, but also from a non-residential premises ..... where the original landlord has categorically pleaded that the requirement was for his son who presently is the landlord because of the death of the original plaintiff, the question of abatement of the eviction proceeding cannot arise at all	2009 STPL(Web) 300 SC

Date	Topics	Case Titles	Citation
December 14/2009	'Practice and Procedure – No reasons – Set aside'	Assistant Commercial Taxes Officer Vs. Economic Transport Organization Civil Appeal No.8288 of 2009 (Arising out of S.L.P. (C) No.16266 of 2009) We regret to say that the impugned order is a stereotyped order. It does not give any reasons ..... the impugned order is set aside and the matter is remitted to the High Court for de novo consideration	2009 STPL(Web) 316 SC

Date	Topics	Case Titles	Citation
January 05/2010	'Guardian and Wards Act – Interim Custody of Child'	Athar Hussain Vs. Syed Siraj Ahmed Civil Appeal No.11 of 2010 (Arising out of SLP ) No. 24148 of 2007) As this is a matter of interim custody till the final disposal of the application GWC No. 64 of 2007, we are of the opinion that the interests of the children will be duly served if their current residence is not disturbed and a sudden separation from their maternal relatives does not come on their way. Irreparable injury will be caused to the children if they, against their will, are uprooted from their present settings ..... the Family Court shall be at liberty to proceed with the disposal of the said proceeding independently of any of the observations made by this Court in this judgment	2010 STPL(Web) 4 SC

Date	Topics	Case Titles	Citation
January 07/2010	'Civil Procedure – Striking of Additional Written Statement'	Abdul Razak Vs. Mangesh Rajaram Wagle Respondents Civil Appeal No.55 of 2010 (Arising out of SLP (C) No. 2991 of 2008)-Decided on 07-01-2010. They filed application for striking out the additional written statement after a long time gap of three years and six months without explaining as to why they did not object to the taking on record of the additional written statement and framing of additional issues in 2004 ..... A reading of the plain language of the above reproduced provisions makes it clear that the court's power to strike out any pleading at any stage of the proceedings can be exercised in either of the three eventualities i.e., where the pleadings are considered by the court unnecessary, scandalous, frivolous or vexatious; or where the court is satisfied that the pleadings tend to prejudice, embarrass or delay the fair trial of the suit or which is otherwise considered as an abuse of the court. ..... the High Court was not at all justified in allowing the application filed for striking off the additional written statement	2010 STPL(Web) 14 SC

Date	Topics	Case Titles	Citation
January 12/2010	'Murder/Rape – Circumstantial Evidence - Conviction upheld'	Aftab Ahmad Anasari Vs. State of Uttaranchal Criminal Appeal No.836 of 2005-Decided on 12-01-2010. The chain of circumstantial evidence is complete and does not leave any reasonable ground for conclusion consistent with the innocence of the appellant.	2010 STPL(Web) 27 SC

Date	Topics	Case Titles	Citation
February 02/2010	'Income Tax - Block assessment - Notice'	Assistant Commissioner of Income Tax Vs. Hotel Blue Moon Civil Appeal No.1198 of 2010 (Arising out of SLP(C) No. 22973 of 2007) with C.A. No. 1199 of 2010 @ S.L.P.(C) No.30284 of 2009, C.A. No. 1200 of 2010 @ S.L.P.(C) No.30285 The High Court, disagreeing with the Tribunal, held, that the provisions of Section 142 and sub- sections (2) and (3) of Section 143 will have mandatory application in a case where the assessing officer in repudiation of return filed in response to a notice issued under Section 158 BC(a) proceeds to make an inquiry. Accordingly, the High Court answered the question of law framed in affirmative and in favour of the appellant and against the revenue. The revenue thereafter applied to this Court for special leave under Article 136, and the same was granted, and hence this appeal ..... we are in agreement with the reasoning and the conclusion reached by the High Court	2010 STPL(Web) 79 SC

Date	Topics	Case Titles	Citation
January 05/2010	'Commercial Tax - Remand back'	Assistant Commercial Taxes Officer Vs. Wipro Limited Civil Appeal No.16 of 2010 (Arising out of S.L.P. (C) No.3329 of 2008) The impugned order has been passed without considering the two judgements of this Court in the cases of Guljag Industries vs. Commercial Taxes Officer, reported in 2007 (7) S.C.C.269 and Assistant Commercial Taxes Officer vs. Bajaj Electricals Limited, reported in 2009 (1) S.C.C. 308. In the circumstances, impugned order is set aside and the matter is remitted to the High Court for de novo consideration in the light of the afore-stated judgements of this Court	2010 STPL(Web) 107 SC

Date	Topics	Case Titles	Citation
January 05/2010	'Commercial Tax - Remand Back'	Assistant Comm. Taxes Officer Vs. Kanta Prasad Sharma Civil Appeal No.15 of 2010 (Arising out of S.L.P. (C) No.8253 of 2008) In the circumstances, impugned order is set aside and the matter is remitted to the High Court for de novo consideration in the light of the afore-stated judgements of this Court	2010 STPL(Web) 108 SC

Date	Topics	Case Titles	Citation
January 15/2010	'Practice and Procedure - No reasons - Set aside - Remand back'	Assistant Commercial Taxes Officer Vs. I.C.I. (India) Limited Civil Appeal No.300 of 2010 (Arising out of S.L.P. (C) No.12329 of 2009) We are setting aside the impugned order on the ground that it does not give any reasons whatsoever. We do not express any opinion on the merits of the case. We expressly make it clear that all contentions on both sides are kept open. The High Court will decide the matter denovo in accordance with law	2010 STPL(Web) 113 SC

Date	Topics	Case Titles	Citation
January 15/2010	'Commercial Tax - Remand back to decide in the light of earlier decision'	Assistant Commissioner, Commercial Tax Vs. Shyam Trading Corporation Civil Appeal No.301 of 2010 (Arising out of S.L.P. (C) No.3654 of 2009) Be that as it may, the impugned order has been passed before the decision of this Court in the case of Assistant Commercial Taxes Officer vs. Bajaj Electricals Limited, reported in 2009 (1) S.C.C.308. Hence, the impugned order is set aside and the matter is remitted to the High Court for de novo consideration in the light of the decision of this Court, if applicable, in the case of Bajaj Electricals Limited [supra]	2010 STPL(Web) 116 SC

Date	Topics	Case Titles	Citation
February 18/2010	'Service Law - Removal'	Angad Das Vs. Union of India Civil Appeal Nos. 1429-1430 of 2010 (Arising out of SLP (C) Nos.6975-6976/2009) the request letter of the appellant for Respondent-employment was treated as an appeal by the DIG Police, CRPF, Avadi, Madras and the punishment of "compulsory retirement" as awarded by the Commandant, 51 BN, CRPF, was enhanced to that of "removal from service" w.e.f. 31.5.1996. No provision of law permits him to treat a letter of request for Respondent-employment as an appeal. The DIG (Police) has no power or authority to enhance the sentence of the appellant. We fail to comprehend how such an innocuous and polite letter of request seeking Respondent- employment on compassionate ground can ever receive such an unwarranted and arrogant reaction. The order is wholly arbitrary and illegal ..... We also direct that the appellant be paid all the pensionary benefits which have become due and payable to him, with interest at the rate of 9% per annum, within two months from the date of communication of this order ..... Union of India is directed to pay costs of Rs.50,000/- to the appellant within two months	2010 STPL(Web) 133 SC

Date	Topics	Case Titles	Citation
February 18/2010	'Murder - Conviction by High Court upheld'	Abdul Mannan Vs. State of Assam Criminal Appeal No.946 of 2002 In the impugned judgment, the High Court observed that this was not a case where two views were possible and the court below has taken the one view. According to the High Court, on careful scrutiny of the evidence, no other view point is possible. The High Court was left with no option but to set aside the judgment of the Trial Court. In our view, the High Court was fully justified in setting aside the acquittal so far as the appellant herein and Abdul Salam and Abdul Subhan are concerned ..... the respondent-State would take all necessary steps to arrest the appellant and lodge him in jail to serve out the remaining period of sentence	2010 STPL(Web) 138 SC

Date	Topics	Case Titles	Citation
February 25/2010	'Service Law - Appointment - Seniority'	A.P. Public Service Commission Vs. Prasada Rao Civil Appeal Nos. 2043-2046 of 2010 [Arising out of SLP(C) Nos. 284-287 of 2008] with Civil Appeal No. 2047 of 2010 [Arising out of SLP(C) No. 504 of 2009] We direct that the select list which was prepared by the Andhra Pradesh Public Service Commission pursuant to the judgment and order of this Court dated 14.09.2006 in Civil Appeal No. 4129 of 2006 and which is contained in the official records of the Public Service Commission is restored and that appointment shall be given effect to by the competent authority in terms of the seniority position ascribed in the said select list as contained in the official records of the Public Service Commission but subject to the condition	2010 STPL(Web) 143 SC

Date	Topics	Case Titles	Citation
February 26/2010	'Income Tax - Foreign Currency Loan - Roll over Charges'	Assst. C.I.T., Vadodara Vs. Elecon Engineering Co. Ltd. Civil Appeal No. 2057 of 2010 (Arising out of S.L.P. (C) No.8363 of 2009 ) with Civil Appeal No. 2058 of 2010 (arising out of SLP(C) No.8898 of 2009) Civil Appeal No. 2059 of The A.O. disallowed an amount of Rs.8,86,280/-, being the roll over premium charges paid by the assessee in respect of foreign exchange forward contracts to Citibank N.A. on the ground that the said charges were incurred in connection with the purchase of a capital asset (plant and machinery), hence, it was not admissible for deduction under Section 36(1)(iii) or under Section 3 37 of the Act ….. According to Indian Accounting Standards by Dolphy D'Souza, roll over charges are indicative of the increase or decrease in the liability of the company in the next specified period, generally of six months. Roll over charges represent the difference arising on account of change in foreign exchange rates. Roll over charges paid/ received in respect of liabilities relating to the acquisition of fixed assets should be debited/ credited to the asset in respect of which liability was incurred. However, roll over charges not relating to fixed assets should be charged to the Profit & Loss Account. [See page 325] ….. Accordingly, the civil appeals filed by the Department are allowed with no order as to costs	2010 STPL(Web) 147 SC

Date	Topics	Case Titles	Citation
March 16/2010	'Service Law - Promotion'	Ashok Kumar Das Vs. University of Burdwan Civil Appeal No. 392 of 2004 We, therefore, hold that promotions to different grades of non-teaching staff made by the University on the basis of the principles laid down in the Resolution of the Executive Council of the University adopted on 26.06.1995 are valid as the Resolution has been approved by the State Government on 10.10.2002. This appeal is without any merit and is dismissed	2010 STPL(Web) 185 SC

Date	Topics	Case Titles	Citation
March 25/2010	'Consumer - Insurance - Breach of condition'	Amalendu Sahoo Vs. Oriental Insurance Co. Ltd. Civil Appeal No.2703 of 2010 (Arising out of SLP(C) No.11227/2009) which upheld the concurrent finding of the District and State Consumer Forums that the car at the time of the accident was being driven on hire and was outside the scope of the insurance policy ….. From a perusal of the aforesaid guidelines it is clear that one of the cases where 75% claim of the admissible claim was settled was where condition of policy including limitation as to use was breached ….. In the instant case the entire stand of the insurance company is that claimant has used the vehicle for hire and in the course of that there has been an accident. Following the aforesaid guidelines, this Court is of the opinion that the insurance company cannot repudiate the claim in toto ….. We direct the respondent insurance company to pay a consolidated sum of Rs.2,50,000/- even though compensation claimed is Rs.5,00,000/-	2010 STPL(Web) 212 SC

Date	Topics	Case Titles	Citation
April 15/2010	'Insurance - Excess Clause'	Amravati District Central Co-Operative Bank Ltd. Vs. United India Fire & General Insurance Co. Ltd. Civil Appeal No. …….. of 2010 (Arising out of SLP (C) No.23557 of 2008) the Arbitrator held that the insurer could not apply the Excess clause to each and every loss separately; that having regard to the terms of the policy, the amounts embezzled had to be aggregated; and that out of the total loss, the Bank had to bear 25% and the insurer was liable to pay the balance ….. The High Court held that the Excess Clause in the policy did not envisage consolidation or aggregation of several losses sustained by the acts of embezzlement by the employee and deduction 25% thereof to arrive at the liability of the insurer, but envisaged the deduction from every claim, that is every single amount embezzled, 25% of the amount embezzled or Rs.11,500/- whichever was higher, to arrive at the liability of the insurer ….. It is thus clear that the amount of embezzlement shown as Rs.44,615/84 with reference to the account of Purohit is not a single act, but a series of embezzlements. If in regard to each act, the amount embezzled is less than Rs.11,500/- the Bank had to bear the entire amount and no part had to be borne by the Insurer. Only where a single act of embezzlement was in excess of Rs.11,500/-, the Insurer's liability would arise. As noticed above, as the matter falls under Contingency (4), the Insurer will have to bear 25% of the each and every claim or Rs.11,500/- whichever is higher on DAR	2010 STPL(Web) 266 SC

Date	Topics	Case Titles	Citation
April 15/2010	'(A) Sales Tax (B) Practice and Procedure - Cryptic order - Remand back'	Assistant Commercial Tax Officer Vs. Rijhumal Jeevandas Civil Appeal No. ................ of 2010 (@ SLP (C) No. 11103 of 2009) with Civil Appeal ......... of 2010 (@ SLP (C) No. 12891 OF 2009), Civil Appeal ......... of 2010 principal question raised in all these appeals is identical, whether the `ballies' can fall under the expression `timber' so as to justify levying of higher sales tax ….. With some regret, we are constrained to notice that the cryptic orders like the above, have not only been passed in the present appeals, but identical orders had even been passed by the High Court in large number of cases from which the appeals have been preferred before this Court. Identical orders, though in different revision petitions dealing with different facts, parties and questions of law, running into 4 lines, like the present one, have been passed, even without variation of a coma or a full stop. It also needs to be noticed that the grounds raised by the Department before us cannot be said to be frivolous or untenable which required discussion by the High Court. The orders, besides being cryptic, suffer from basic infirmity of non application of mind and non-speaking orders in law ….. we are constrained to set aside the order passed by the High Court and remand the matter to the High Court for hearing the case de novo.	2010 STPL(Web) 271 SC

Date	Topics	Case Titles	Citation
April 15/2010	'Commercial Tax - Practice and Procedure - No reasons - Remand back'	Assistant Commissioner, Commercial Tax Department, Orks Contract & Leasing Vs. Shukla & Brothers Civil Appeal ......... of 2010 (@ SLP (C) No. 16466 of 2009) that order passed by the High Court does not record any reasons for dismissing the Revision Petition preferred by the Department. According to the Learned Counsel, various contentions raised as grounds in the Revision Petition and two questions of law formulated by the Department for consideration in the High Court while impugning the judgment of the Rajasthan Tax Board, Ajmer have not been reverted to by the High Court, resulting in serious prejudice caused to the present petitioner. On merits as well, challenge has been raised to the order of the Tax Board as well as that of the Order of the High Court ….. We are unable to find any infirmity in the arguments advanced on behalf of the Department, that no reasons have been recorded for rejecting the contentions raised, this legal infirmity has, in fact, prejudicially affected the case of the appellant before us. The judgment of the High Court must speak for itself to enable the higher Court to do complete and effective justice between the parties ….. remit the case to the High Court with a request to hear the case de novo and pass appropriate order in accordance with law.	2010 STPL(Web) 272 SC

Date	Topics	Case Titles	Citation
April 15/2010	'(A) Sales Tax (B) Practice and Procedure - Non application of mind - Remand back'	Assistant Commercial Taxes Officer Vs. Kansai Nerolac Paints Ltd. Civil Appeal No. ................ of 2010 (@ SLP (C) No. 23763 of 2008) and held that the penalty against the owner of the goods could not be imposed as there was no intention to commit evasion of tax and thus set aside the order of the lower authority ….. The records and the above noticed facts clearly show that the High Court erred in law in not recording any reasons for rejecting the respective contentions raised before the Court. We have also noticed that some of the judgments of this Court referred by the Department and/or by the owner of goods have not been referred to, much less, commented upon in accordance with law. Thus, we have no option except to say that the order of the High Court is unreasoned and suffers from the infirmity of non-application of mind ….. remit the case to the High Court with a request to hear the case de novo and pass appropriate order in accordance with law.	2010 STPL(Web) 273 SC

Date	Topics	Case Titles	Citation
April 19/2010	'Murder - Conviction upheld'	Abu Thakir Vs. State Rep. By Inspector of Police Criminal Appeal No. 168 of 2008 Once the evidence of these witnesses is found acceptable, the inevitable consequence is to confirm the conviction of the appellants under Section 302, IPC. The High Court in its elaborate judgment critically assessed and analyzed every nuance of the evidence and found a clear case against the appellants. The reappreciation of the evidence by the appellate Court did not result in any manifest injustice.	2010 STPL(Web) 283 SC

Date	Topics	Case Titles	Citation
April 09/2010	'Industrial Dispute - Reinstatement'	Anoop Sharma Vs. Executive Engineer, Public Health Division No.1 Panipat (Haryana) Civil Appeal No. 3478 of 2010 (Arising out of SLP(C) No. 17965 of 2008) it was not the pleaded case of the respondent before the Labour Court and even before the High Court that the appellant was engaged/employed without following the statutory rules or Articles 14 and 16 of the Constitution and that was the basis for discontinuing his engagement. Therefore, the High Court was not justified in relying upon the alleged illegality of the engagement/employment of the appellant for upsetting the award of reinstatement ..... If the appellant has not already been reinstated, the respondent shall do so within one month from the date of receipt/production of copy of this order. The respondent shall also pay the back wages to the appellant	2010 STPL(Web) 286 SC

Date	Topics	Case Titles	Citation
April 23/2010	'Public Money recovery - Recovery set aside'	A.P.T. Ispat Pvt. Ltd. Vs. U.P. Small Industrial Corporation Ltd. Civil Appeal No.663 of 2003 In the present case it is evident that the dues of which recovery is sought by the impugned certificates do not pertain to any loan, advance or grant given to the appellant or to any credit concerning any hire purchase of goods sold to the appellant by the Corporation under any agreement, express or implied. The dues do not relate to any financial assistance ..... We also cannot overlook the fact that in this case the so called supplies were not even made in the normal course of business. A reference to the FIR makes it clear that according to the Corporation the goods were taken away by the appellant in a criminal action constituting a number of offences under the Penal Code. The U.P. Public Moneys (Recovery of Dues) Act, 1972 was clearly not intended to recover the goods or the monetary value of goods taken away in course of theft or dacoity or lost as a result of dishonest appropriation or any other alleged criminal action ..... For the reasons discussed above, we are of the view that in the facts of this case the two impugned recovery certificates are quite illegal and untenable and we are unable to sustain the High Court order coming under appeal.	2010 STPL(Web) 294 SC

Date	Topics	Case Titles	Citation
April 28/2010	'Service Law - Punishment - Interference'	Administrator, Union Territory of Dadra & Nagar Haveli Vs. Gulabhia M. Lad. Civil Appeal No. 3933 of 2010 (Arising out of SLP(C) No. 14428 of 2009) whether Central Administrative Tribunal was justified, on the facts found, in interfering with the order of punishment on the ground that co-delinquents were awarded lesser punishment in departmental appeals and directing the appellant to reconsider the whole matter and give the respondent the same treatment which has been meted out to the co-delinquents. ..... In the case in hand, we have already noticed above that the charges against respondent and co-delinquents were not exactly identical or substantially similar. Moreover, the respondent being the Land Reforms Officer was the authorized officer under the Regulations for grant of occupancy rights and for illegal grant of occupancy rights in respect of government lands, it was he who was squarely responsible. We have no hesitation in holding that on the facts found and conclusions recorded in the enquiry report, the punishment of removal cannot be said to be not commensurate with the misconduct proved against the respondent and the High Court ought to have interfered with the order of the Tribunal.	2010 STPL(Web) 310 SC

Date	Topics	Case Titles	Citation
February 15/2010	'NDPS - Conviction upheld - Criminal Jurisprudence - Principle of Parity'	Ajmer Singh Vs. State of Haryana Criminal Appeal No. 436 of 2009 Therefore, it is not possible to include these articles within the ambit of the word "person" occurring in Section 50 of the Act." ..... it is clear that the compliance of Section 50 of the Act is not required. Therefore, the search conducted by the investigation officer and the evidence collected thereby, is not illegal. Consequently, we do not find any merit in the contention of the learned counsel of the appellant as regards the non-compliance of Section 50 of the Act. ..... The obligation to take public witnesses is not absolute. If after making efforts which the court considered in the circumstances of the case reasonable, the police officer is not able to get public witnesses to associate with the raid or arrest of the culprit, the arrest and the recovery made would not be necessarily vitiated. ..... What can be inferred from the above decision is, that for applying the principle of parity both the accused must be involved in same crime and must be convicted in single trial, and consequently, a co-accused is one who is awarded punishment along with the other accused in the same proceedings. However, we are unable to apply the principle of parity to the present case as the record show that the accused Randhir Singh was convicted vide a separate trial arising out of a separately registered F.I.R.	2010 STPL(Web) 321 SC

Date	Topics	Case Titles	Citation
April 28/2010	'Receiver - Rendering of account etc'	Amal Kumar Ghosh Vs. Basanta Kumar Almal Civil Appeal No. 4035 of 2010 (Arising out of SLP(C) No.14199 of 2009) In these circumstances, the appellants made an application to the High Court seeking a direction to the Receiver to render accounts and make payments of the amounts due to them. The High Court, after hearing the parties and the Receiver, passed the impugned order dated 8.12.2008, holding that the reference to Park Services Pvt. Ltd. in the appellants' letters dated 7.10.1986, 11.12.1986 and 22.12.1986 was in discharge of the obligation of the appellants to the first respondent in terms of the consent decree on account of municipal taxes and other outgoings and therefore the application was liable to be dismissed. ..... When any money belonging to the parties is entrusted to the Receiver, he should deal with it as per the directions of the court. ..... A Receiver cannot assume that unless the court directs, he need not submit accounts, or that he need not account for the amounts lying with him. If a Receiver pays the amount belonging to vendor-defendant, to someone else without the authority of the court or authorization from the vendor-defendant, it will amount to gross negligence or wilful default on his part. Consequently, he may become personally liable. If the part of the sale price which he was holding, is lost by payment to a wrong person, he will be answerable to the court and the vendor for the amount.	2010 STPL(Web) 327 SC

Date	Topics	Case Titles	Citation
May 05/2010	'Firearm - Import - Transfer of residence'	Anirudh Singh Katoch Vs. Union of India Civil Appeal Nos. 4094-96 of 2010 of 2010 (Arising out of SLP(C) Nos. 27622-27624 of 2008) was justified in detaining two duly licensed firearms which the appellant brought from United States of America (USA) on transfer of his residence into India. ..... He was told at the customs clearance counter that he was permitted only one firearm under the Transfer of Residence Rules and he had to obtain the firearms import licence for the other two firearms from the Director General of Foreign Trade (DGFT). ..... "The aforesaid extract of the Exim Policy clearly shows that the import of sporting, hunting or target-shooting shotguns, including combination shotgun-rifles is not permitted except against a license by renowned Shooters/Rifle Clubs for their own use and that too on the recommendation of the Government of India. Thus, it stands clearly established that the import of firearms, which is governed by the Exim Policy, is prohibited thereunder, except to the extent stated therein."	2010 STPL(Web) 343 SC

Date	Topics	Case Titles	Citation
May 06/2010	'Civil Procedure - Closing of Evidence'	Amrit Lal Kapoor Vs. Kusum Lata Kapoor Civil Appeal No.4258 of 2010 (Arising out of SLP (C) No.7901 of 2006) There is considerable merit in the submission made by Mr. Agrawala. Shri Ashwani Kumar Kapoor is an attesting witness to the Will which the defendants-appellants herein have set up in their defence. Non-examination of the said witness would, therefore, seriously affect their case. We cannot lose sight of the fact that the witness could not be produced not because of any deliberate neglect or inaction on the part of the appellants herein but on account of the refusal of casual and station leave prayed for by him. ..... the matter remitted back to the trial court with the direction that the appellants shall be permitted to produce Shri Ashwani Kumar Kapoor as a witness in support of their case by issuing summons directly to the witness as also through his immediate officer. Service of the summons shall be the responsibility of the appellants. We further direct that since the order closing the evidence of the appellants has been set aside by us, the appellants shall be free to examine any other witness in support of their case who is cited in the list already filed by them but who has not been produced so far.	2010 STPL(Web) 361 SC

Date	Topics	Case Titles	Citation
May 06/2010	'Service Law - Termination - Illegal appointment'	Ashif Vs. State of Bihar Civil Appeal Nos. 4256-4257 2010 (Arising out of S.L.P. (C) Nos.21558-21559 of 2003) It is not in dispute that the appellants continued to work for nearly 15 years as Primary Health Workers, till their services were terminated by an order dated 20th February, 2001 on the ground that their promotion/absorption as Primary Health Workers was illegal and contrary to the rules. ..... The Division Bench opined that since the initial appointment of the appellants herein was illegal the very fact that the appellants had worked for a long period did not cure that defect so as to justify their reinstatement in service. ..... The appointment of the appellants against the said posts was thus manifestly illegal and wholly undeserved to say the least. Inasmuch as these appointments came to be cancelled pursuant to the said directions no matter nearly a decade and a half later the termination could not be said to be illegal so as to warrant interference of a writ court for reinstatement of those illegally appointed.	2010 STPL(Web) 368 SC

Date	Topics	Case Titles	Citation
May 06/2010	'Declaration of Title'	Atla Sidda Reddy Vs. Busi Subba Reddy Special Leave Petition (C) No.4549 of 2008 The factual aspect having been dealt with in detail by the Courts below, ending in the findings of the High Court, we are not inclined to delve into the facts any further. As indicated by the trial Court, Ext.B2 is a crucial document and was admittedly anterior in point of time to Ext.A1 subsequently executed by DW.4 in favour of Syed Ghouse Bi when she had already divested herself of title to the suit properties. The petitioner did not, therefore, acquire any title to the suit property and the suit was rightly dismissed.	2010 STPL(Web) 382 SC

Date	Topics	Case Titles	Citation
May 13/2010	'Murder - Conviction upheld'	Arun Raj Vs. Union of India Criminal Appeal No.1123 of 2008 It is clear from the above line of cases, that it is necessary to prove first that there was an intention of causing bodily injury; and that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death. From the evidence on record, it is very clear that the appellant intended to cause death. In light of this finding, the evidence on record makes it clear that Section 304 Part II of the IPC will not be attracted. Further PW-1, in his cross- examination asserts that the deceased held his hand out after he was stabbed in the chest. It is very likely that this action on the part of the deceased prevented the appellant from stabbing him multiple number of times. The argument might deserve some merit in case there is a sudden altercation which ensues in the heat of the moment and there is no deliberate planning. In the present case, as stated above there was due deliberation on the part of the appellant and he assaulted the deceased a day after he misbehaved with him. Hence, the contention of the learned counsel that the appellant had no intention to cause death of the deceased has no merit and, accordingly, it is rejected.	2010 STPL(Web) 392 SC

Date	Topics	Case Titles	Citation
May 14/2010	'Murder - Acquittal/Conviction upheld'	Adalat Pandit Vs. State of Bihar Criminal Appeal Nos. 716-717 of 2008 with Criminal Appeal Nos. 119-122 of 2009, Criminal Appeal No. 833 of 2008, Criminal Appeal No. 1907 of 2009 It is to be noted that these witnesses were all interested witnesses in the sense that they were the colleagues of Gorakh Nath Singh (A-3). Before we venture to appreciate this evidence, it must be noted that the distance between the spot where the incident took place and the place where the accused Gorakh Nath Singh claimed to have been present is extremely short. ..... the evidence appears to be extremely doubtful. We are also not impressed by the evidence of Kapil Narayan Sinha (DW-1), Deputy Superintendent of Police, as nothing would turn open the so-called report prepared by him in view of the direct evidence led by the prosecution. In our opinion, the Trial Court and the appellate Court were right in rejecting the defence of alibi.	2010 STPL(Web) 397 SC

Date	Topics	Case Titles	Citation
May 06/2010	'Administrative Tribunal - Constitutionality of amendment - Appointment, Qualification and Service Conditions'	A.K. Behra Vs. Union of India Writ Petition (Civil) No. 261 of 2007 with Writ Petition (Civil) No. 539 of 2007 to quash the decision of the respondents to abolish the post of Vice Chairman in the Central Administrative Tribunal ..... to declare, the newly inserted qualifications for appointment as administrative members as reflected in the amended Section 6(2), as arbitrary and unsustainable, and ..... For the reasons stated in the Judgment, this Court does not find any merits in any of the abovementioned writ petitions and they are liable to be dismissed. Accordingly, both the writ petitions fail and are dismissed ..... I have had the benefit of going through the judgment of my Brother Hon'ble Mr. Justice J.M. Panchal. Though Hon'ble Mr. Justice K.G. Balakrishnan, Chief Justice of India has agreed with his decision, however, I express my inability to agree with him, therefore, I am writing a separate judgment.	2010 STPL(Web) 405 SC

Date	Topics	Case Titles	Citation
July 05/2010	'Development Control Regulations for Greater Mumbai'	Avinash Gaikwad Vs. State of Maharashtra Civil Appeal No.4890 of 2010 (Arising out of SLP [C] No.5007/2006) the appellants were pressing only one contention regarding the area of the tenements to be delivered to the previous occupants. It was contended that they should be delivered tenements of minimum carpet area of 225 sq.ft. as permanent alternative accommodation with a balcony in addition, which is of a minimum area of 22.5 sq.ft. (10% of the tenement area) ..... the assumption of the appellants that if the matter had been governed by Regulation 33(9), the tenement measurement would have been 225 sq.ft. plus a balcony of a minimum measurement of 10% of the 22.5 sq.ft., is baseless as Regulation 33(9) does not require it.	2010 STPL(Web) 434 SC

Date	Topics	Case Titles	Citation
July 08/2010	'Dowery Death - Conviction upheld'	Ashok Kumar Vs. State of Haryana Criminal Appeal No. 1489 of 2004 The contention is, that every demand by the husband or his family members cannot be termed as `dowry demand' within the meaning of Section 2 read with Section 4 of the Dowry Prohibition Act, 1961 ..... In the present case, DW-3 has clearly stated that there was cruelty and harassment inflicted upon the deceased by her husband and in-laws and also that a sum of Rs. 5,000/- was demanded. The statement of this witness has to be read in conjunction with the statement of PW-1 to PW-3 to establish the case of the prosecution. There are certain variations or improvements in the statements of PWs but all of them are of minor nature. ..... Thus, we sustain the conviction of the accused. ..... Resultantly, the appeal is partially accepted and the accused-appellant is awarded sentence of 7 years rigorous imprisonment for an offence under Section 304-B of the Code.	2010 STPL(Web) 484 SC

Date	Topics	Case Titles	Citation
July 16/2010	'Service Law - Dues - Interest'	Ashok Kumar Sahu Vs. Union of India I.A.No.6 in Civil Appeal No.59 of 2004 the entire dues of the appellant, which includes leave salary, G.P.F., D.C.R.G., pension, commutation of pension, interest on pension, interest on D.C.R.G., interest on commutation, interest on G.P.F. and costs of litigation, totaling Rs.44,80,010/-, have been paid to the appellant. ..... Learned counsel for respondent no.2-State of Assam, submits that 9% interest on G.I.S. would be paid within eight weeks from today. ..... In our considered view, no further directions are necessary.	2010 STPL(Web) 492 SC

Date	Topics	Case Titles	Citation
July 20/2010	'Wrongful withholding of Company Property'	Automobile Products India Ltd. Vs. Das John Peter Criminal Appeal No.1304 of 2010 [Arising out of S.L.P.(Crl.)No.6204 of 2008] Under the web of hypertechnicalities justice has taken a back seat ..... From the date of retirement of accused No. 1 till date, more than 18 years have passed by and he has used the servant quarter without having any right to do so. No further mercy or sympathy can be shown to such an accused. ..... Appellant's complaint filed under section 630 of the Act is hereby allowed and accused is granted time to vacate the servant quarter as mentioned hereinabove on or before 1.10.2010 and to hand over its peaceful and vacant possession to the appellant company. In default thereof accused shall have to suffer imprisonment for a term of one year and fine of Rs. 10,000/-. In default of payment of fine, the accused shall suffer further imprisonment of one month. ..... If the accused persons fail to do so then the appellant shall be entitled to take police help to get our order executed.	2010 STPL(Web) 501 SC

Date	Topics	Case Titles	Citation
July 22/2010	'MACT - Compensation - Housewife'	Arun Kumar Agrawal Vs. National Insurance Company Civil Appeal No.5843 of 2010 (Arising out of SLP(C) No.19655 of 2004) It is not possible to quantify any amount in lieu of the services rendered by the wife/mother to the family i.e. husband and children. However, for the purpose of award of compensation to the dependents, some pecuniary estimate has to be made of the services of housewife/mother. In that context, the term `services' is required to be given a broad meaning and must be construed by taking into account the loss of personal care and attention given by the deceased to her children as a mother and to her husband as a wife. They are entitled to adequate compensation in lieu of the loss of gratuitous services rendered by the deceased. ..... I would humbly add, that time has come for the Parliament to have a rethinking for properly assessing the value of homemakers and householders work and suitably amending the provisions of Motor Vehicles Act	2010 STPL(Web) 515 SC

Date	Topics	Case Titles	Citation
May 06/2010	'Agriculture Produce - Auctioneer - Retirement age'	Avinash Chand Vs. Chairman Market Committee Civil Appeal Nos. 8229-8230 of 2003 whereby the writ petition challenging the provision of a retirement age for auctioneers in the Market Committee, have been dismissed ..... In the absence of rules, it was open to the Chief Administrator to fix the retirement age and it would be futile for the appellants to contend that they should be allowed to continue to function till they remained physically fit. We thus find no merit in the appeals.	2010 STPL(Web) 519 SC

Date	Topics	Case Titles	Citation
July 26/2010	'Civil Procedure - Arbitration reference'	Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd. Civil Appeal No.6000 of 2010 (Arising out of SLP (C) No.760 of 2007) The general scope of Section 89 of the Code of Civil Procedure (`Code' for short) and the question whether the said section empowers the court to refer the parties to a suit to arbitration without the consent of both parties, arise for consideration in this appeal. ..... Consequently, this appeal is allowed and the order of the trial court referring the matter to arbitration and the order of the High Court affirming the said reference are set aside.	2010 STPL(Web) 525 SC

Date	Topics	Case Titles	Citation
July 28/2010	'Murder - Conviction upheld'	Arumugam Vs. State Represented By Its Inspector of Police Criminal Appeal No. 515 of 2007 It is of significance that the appellant had made the extra judicial confession to PW5 and thereafter to PW1 within a very short time and had not attempted to run away and he had been handed over to the police by the Village Administrative Officer at about 6 p.m. at the time when the FIR had been recorded. PW5 also admitted in her statement that the appellant was annoyed with the deceased as he suspected her of being of low character and an embarrassment to him and he had often asked her to mend her behaviour to which she had responded that she would live life on her terms and it was not his business to interfere in her life. ..... We absolutely find no merit in this submission as well. It is clear from the evidence that the appellant had prepared well for the day and had apparently hidden the rope in the field much earlier. It looks, therefore, that the deceased, though a strong woman, had been overwhelmed by a sudden attack and strangulated with the rope, as no other injuries which could show signs of a struggle, were found on the dead body.	2010 STPL(Web) 533 SC

Date	Topics	Case Titles	Citation
July 28/2010	'Land Acquisition'	Anand Singh Vs. State of Uttar Pradesh Civil Appeal No. 2523 of 2008 with Civil Appeal No. 2517 of 2008, Civil Appeal No. 2518 of 2008, Civil Appeal No. 2519 of 2008 In our view, since the existence of houses/structures and buildings as on November 22, 2003/February 20, 2004 over the appellants' land has been seriously disputed, it may not be appropriate to issue any direction to the State Government, as prayed for by the appellants, for release of their land from acquisition. However, as the possession has not been taken, the interest of justice would be subserved if the appellants are given liberty to make representation to the State authorities under Section 48(1) of the Act for release of their land.	2010 STPL(Web) 537 SC

Date	Topics	Case Titles	Citation
April 26/2010	'MLA - Expulsion set aside'	Amarinder Singh Vs. Special Committee, Punjab Vidhan Sabha Civil Appeal No. 6053 of 2008 with T.C. (C) No.1 of 2009, W.P. (C) No. 442 of 2008, W.P. (C) No. 443 of 2008 The appellant was the Chief Minister of the State of Punjab during the 12th term of the Punjab Vidhan Sabha ..... The Punjab Vidhan Sabha on 10-9-2008 passed a resolution which directed the expulsion of the appellant for the remainder of the 13th term of the same Vidhan Sabha ..... We accordingly declare that the resolution passed by the Punjab Vidhan Sabha on 10-9-2008, directing the expulsion of the appellant for the remainder of the 13th term of the Vidhan Sabha is constitutionally invalid. Hence, we direct the restoration of the appellant's membership in the Punjab Vidhan Sabha. However, nothing in this judgment should act as a hurdle against the investigation, if any, into the alleged role of the appellant and the petitioners in the improper exemption of land from the Amritsar Improvement Scheme that was notified on 13-1-2006. To repeat a clichi, the law will take its own course.	2010 STPL(Web) 556 SC

Date	Topics	Case Titles	Citation
March 11/2010	'Attempt to murder – Sentence reduced'	Akloo Ahir Vs. State of Bihar Criminal Appeal No. 836 of 2009 He has further submitted that even assuming that the appellant was guilty of having fired a shot at Kishore Bhagat which had missed the target, the sentence of R.I. of ten years imposed under Sec.307/34 should be reduced ..... In the light of the fact that the appellant had fired a shot which missed it target his conviction under Sec. 307 has, therefore, to be maintained. The sentence is, however, reduced from ten years to five years	2010 STPL(Web) 559 SC

Date	Topics	Case Titles	Citation
August 03/2010	'Dowery death / Cruelty – Sentence reduced / Acquittal'	Amar Singh Vs. State of Rajasthan Criminal Appeal No. 854 of 2004 With Criminal Appeal No.1411 of 2010 (Arising out of SLP (Crl.) No. 4389 of 2004) In the present case, since there is no evidence as to the actual role played by the appellant in the death of the deceased, a punishment of ten years' imprisonment would suffice in the ends of justice ..... A prosecution witness who merely uses the word "harassed" or "tortured" and does not describe the exact conduct of the accused which, according to him, amounted to harassment or torture may not be believed by the Court in cases under Section 498A and 304B IPC ..... that in cases where accusations of dowry deaths are made, the overt acts attributed to persons other than the husband are required to be proved beyond reasonable doubt and by mere conjectures and implications such relations cannot be held guilty for the offence relating to dowry deaths. In the aforesaid case, this Court further observed that a tendency has developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits	2010 STPL(Web) 571 SC

Date	Topics	Case Titles	Citation
August 11/2010	'Land Acquisition – Compensation'	A. Natesam Pillai Vs. Spl. Tahsildar, Land Acquisition, Tiruchy Civil Appeal No. 36 of 2004 We are in agreement with the conclusion of the High Court that the acquisition of a large tract of land merits a discount in compensation. However, in the present circumstance, it is significant to note that the compensation granted by the High Court does not match the potentiality of the land, even after the discount has been taken into consideration. Even on giving a discount in respect of the acquired land being a large tract as compared to the small portion of land sold under Ex. A3, according to us, the rate of Rs. 11/- would be adequate and just compensation for the same.	2010 STPL(Web) 595 SC

Date	Topics	Case Titles	Citation
August 09/2010	'Murder - Conviction upheld'	Atbir Vs. Govt. of N.C.T. of Delhi Criminal Appeal No. 870 of 2006 With Criminal Appeal No. 877 of 2006 In the light of the above discussion, we confirm the conviction and sentence of death imposed on Atbir and the same shall be executed in accordance with law. We also confirm the conviction and sentence of life imprisonment imposed on Ashok.	2010 STPL(Web) 606 SC

Date	Topics	Case Titles	Citation
August 12/2010	'Murder - Conviction upheld'	Amit Kumar Vs. State of Punjab Criminal Appeal No.62 of 2006 Both the Courts have also noticed that continuous efforts had been made to bring about reconciliation between the deceased and the in-laws. Efforts had been made by the panchayat also to make the in-laws of the deceased accept the fact that her parents had given as much dowry as they could afford. ..... In our opinion, the courts below have correctly held that this was an effort made by the witness to save his family. Clearly the appellants had resorted to telling one lie after another to escape the conviction for the murder which they had clearly committed.	2010 STPL(Web) 609 SC

Date	Topics	Case Titles	Citation
April 29/2010	'Practice and Procedure - Appeal - Points raised'	Amarjit Singh Vs. State of Punjab Criminal Appeal No. 1394 of 2003 A perusal of the High Court's order, reveals that the points raised by the appellants in the grounds of appeal and those which had been raised and decided by the trial court have not even been alluded to and no reference has been made to the evidence produced by the parties or any discussion as to the process of reasoning leading to the dismissal of the appeal. The High Court being the final court of fact was required to re-appraise the evidence and to take a view suitable to the case. This obligation has not been performed by the High Court. ..... We, accordingly, allow the appeal, set aside the order dated 26th May, 2003, and remit the case to the High Court for decision afresh in accordance with law.	2010 STPL(Web) 623 SC

Date	Topics	Case Titles	Citation
August 20/2010	'Income Tax'	Ajmera Housing Corporation Vs. Commissioner of Income Tax Civil Appeal Nos. 6827-6848 0f 2010 (Arising Out of S.L.P. (C) Nos. 26364-26385 of 2009) we do not find any merit in these appeals, which are dismissed accordingly.	2010 STPL(Web) 640 SC

Date	Topics	Case Titles	Citation
August 26/2010	'Criminal Appeal - Disposed on base of earlier Judgment'	A.M. Bharvad Vs. State of Gujarat Criminal Appeal No...1585....of 2010 (Arising out of SLP (Crl.) No.2556 of 2010) with Criminal Appeal No. 1586 of 2010 @ SLP (Crl.) No. 2078 of 2010, Criminal Appeal No. 1587 of The issues raised in all these matters have been dealt with elaborately while deciding the aforesaid appeals. Thus, all these appeals stand disposed of in terms of the said Judgment and order. The parties herein shall be entitled to the relief, if any, in accordance with the said Judgment.	2010 STPL(Web) 652 SC

Date	Topics	Case Titles	Citation
August 30/2010	'Partition - Remand Back'	Ajambi (Dead) By Lrs. Vs. Roshanbi Civil Appeal No. 7237 of 2010 [Arising out of SLP(C) Nos. 5344 of 2006] We accordingly direct the trial court to take evidence in the manner indicated above on the two issues, namely: - ..... (1) Whether the appellant could claim to be a legal representative? And ..... (2) Whether or not the will propounded by the appellant herein, namely, Smt. Munira, wife of Kesarkhan Pathan, allegedly executed on 20.8.2001 and registered in the Office of the sub- Registrar on 29.8.2001 is a legal and valid document in the eyes of law?	2010 STPL(Web) 684 SC

Date	Topics	Case Titles	Citation
September 09/2010	'Income Tax - Book Profits'	Ajanta Pharma Ltd. Vs. Commissioner of Income Tax-9 Civil Appeal No.7518 of 2010 (Arising out of SLP(C) No. 22397 of 2009) whether for determining the "book profits" in terms of Section 115JB, the net profits as shown in the P&L Account have to be reduced by the amount of profits eligible for deduction under Section 80HHC or by the amount of deduction under Section 80HHC?	2010 STPL(Web) 706 SC

Date	Topics	Case Titles	Citation
September 10/2010	'Jurisdiction of Criminal Courts - Extradition offence'	Abu Salem Abdul Qayoom Ansari Vs. State of Maharashtra Criminal Appeal No. 990 of 2006 With Criminal Appeal Nos. 1142-1143 of 2007 And Writ Petition (Criminal) No. 171 of 2006 The grievance of the appellant-Abu Salem Abdul Qayoom Ansari in the appeals and writ petition is that the criminal courts in the country have no jurisdiction to try in respect of offences which do not form part of the extradition judgment, by virtue of which he has been brought to this country and he can be tried only for the offences mentioned in the extradition decree. ..... Therefore it can be said that as long as the facts that have been submitted before the requested State prima facie show the guilt of the extraditee in a foreseeable and logically consistent way, the said person can be tried on all such counts that can be conclusively proved against him or her.	2010 STPL(Web) 712 SC

Date	Topics	Case Titles	Citation
September 13/2010	'Service Law - Judicial officers - Seniority'	Ashok Pal Singh Vs. Up Judicial Services Association Civil Appeal No. 1312 of 2005 With Civil Appeal No. 1313 of 2005 And CA 7927/2010 (@ SLP(C) No. 11476/2005) The dispute between the promotees and direct recruits in regard to their inter-se seniority in the Uttar Pradesh Higher Judicial Services came up before this Court at the instance of promotees in P.K. Dixit vs. State of Uttar Pradesh - 1987 (4) SCC 621.	2010 STPL(Web) 721 SC

Date	Topics	Case Titles	Citation
September 14/2010	'Murder - Conviction upheld'	Abdul Sayeed Vs. State of Madhya Pradesh Criminal Appeal No. 1243 of 2007 with Criminal Appeal No. 1399 of 2008 and Criminal Appeal Nos.1363-1365 of 2010 it is evident that an FIR had been lodged promptly within 20 minutes from the time of commission of the offence as the place of occurrence was in close proximity of Police Chowki and all the appellants along with other co-accused had been named therein. ..... The testimony of these witnesses had been subjected to searching cross-examination, but nothing has been brought on record to discredit the statement of either of the eye-witnesses.	2010 STPL(Web) 724 SC

Date	Topics	Case Titles	Citation
September 27/2010	'Arbitration - Rate of interest'	A.P. State Trading Corporation Ltd. Vs. G.V. Malla Reddy & Co. Civil Appeal Nos. 8317-8318 of 2010 [Arising out of SLP(C) No.16599-16600/2010] The award of the Arbitrator is governed by the Arbitration Act, 1940. This court has been consistently taking a view that in the absence of any specific contract in regard to rate of interest, pendente lite and future interest should not normally exceed 9% per annum. ..... the interest awarded is reduced from 18% to 9% per annum.	2010 STPL(Web) 781 SC

Date	Topics	Case Titles	Citation
September 29/2010	'MACT - Compensation'	Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. Civil Appeal No. 5510 of 2005 The appellant at the time of accident was a final year engineering (Mechanical) student in a reputed college. He was a remarkably brilliant student having passed all his semester examinations in distinction. ..... In the result, the appeal is allowed in part and the compensation awarded by the High Court in the sum of Rs. 3,50,000/- is enhanced to Rs. 9,06,000/-.	2010 STPL(Web) 784 SC

Date	Topics	Case Titles	Citation
September 29/2010	'Land Acquisiation'	Amarjit Singh Vs. State of Punjab Civil Appeal No. 8431 of 2010 (Arising out of SLP (C) No.9924 of 2007) with Civil Appeal No. 8432 of 2010 (Arising out of SLP (C) No.9926 of 2007) By the lead judgment impugned in these appeals the High Court repelled the challenge mounted by the writ petitioners and declared that the notifications under challenge did not suffer from any illegality whatsoever. It also upheld the constitutional validity of the provisions of the Punjab New Capital (Periphery) Control Act, 1952 and Section 23(1) of the Land Acquisition Act. Hence the present appeals. ..... In the result while we answer question No.3 in the negative and consequently dismiss these appeals	2010 STPL(Web) 787 SC

Date	Topics	Case Titles	Citation
September 21/2010	'Arbitration - Appointment of Arbitrator'	Arihant Coal Sales (I) Pvt. Ltd. Vs. Eta Star International LLC Arbitration Application No. 20 of 2009 This is an Arbitration Application under Section 11 of the Arbitration and Conciliation Act, 1996 praying for appointment of an arbitrator in the matter. ..... the facts of the case, I hereby appoint Hon'ble Mr Justice D. M. Dharmadhikari, Retired Judge of Supreme Court of India ..... as the sole arbitrator in the matter.	2010 STPL(Web) 790 SC

Date	Topics	Case Titles	Citation
September 30/2010	'Land Acquisiation - Compensation'	A.P. Housing Board Vs. K. Manohar Reddy Civil Appeal Nos. 4212-4223 of 2004 we determine the market value of the land at Rs. 50/- per square yard as on the date of the notification and direct that 1/3rd of the awarded amount shall be deducted from the aforesaid valuation towards development charges.	2010 STPL(Web) 792 SC

Date	Topics	Case Titles	Citation
May 07/2010	'Arbitration - Appointment of Arbitrator'	Anil Kumar Vs. B.S. Neelkanta Arbitration Petition No.7 of 2008 the petition is allowed and Mr. Justice M. Jagannadha Rao, a former Judge of this Court is appointed as the sole Arbitrator to adjudicate upon the claims/disputes raised by the petitioner, subject to his consent and such terms as he may deem fit and proper.	2010 STPL(Web) 798 SC

Date	Topics	Case Titles	Citation
September 27/2010	'Civil Procedure - Order 2 Rule 2'	Alka Gupta Vs. Narender Kumar Gupta Civil Appeal No.8321 of 2010 [Arising out of SLP [C] No.11328/2010] The object of Order 2 Rule 2 of the Code is two-fold. First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action. Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action. The effect of Order 2 Rule 2 of the Code is to bar a plaintiff who had earlier claimed certain remedies in regard to a cause of action, from filing a second suit in regard to other reliefs based on the same cause of action. It does not however bar a second suit based on a different and distinct cause of action. ..... We have examined the matter only for the limited purpose of finding out whether the High Court had proceeded in accordance with law and the provisions of Code of Civil Procedure. If on evidence, the conduct of the plaintiff or the defendant is found to be unscrupulous or unbecoming, it is open to the court at that stage to decide upon the consequences that should be visited upon her or him.	2010 STPL(Web) 800 SC

Date	Topics	Case Titles	Citation
October 08/2010	'Corruption'	All Sikkim Youth Association Vs. H.R. Subba Civil Appeal No. 1834 of 2002 The inspection team, on the direction of the High Court, had thoroughly examined the entire matter and did not find any misappropriation of funds. It was also stated in the counter affidavit that the enquiry by the inspection team was an independent and impartial inquiry. In the counter affidavit it was also denied that there has been any loss to the State exchequer ..... We have carefully considered the averments, submissions of the counsel appearing for the parties and the relevant rules. In our considered opinion, no interference is called for.	2010 STPL(Web) 816 SC

Date	Topics	Case Titles	Citation
October 08/2010	'Quashing of Complaint - Criminal Breach of Trust - Quashed'	Asoke Basak Vs. State of Maharashtra Criminal Appeal No. 1980 of 2010 (Arising out of S.L.P. (Crl.) No. 7338 of 2007) we are of the opinion that no prima facie case has been made out against the appellant in respect of offence under Section 409 read with Section 405, even with the aid of Section 34 of the IPC. Therefore, it was a fit case where the High Court should have exercised its powers under Section 482 of the Code by quashing the complaint against the appellant.	2010 STPL(Web) 819 SC

Date	Topics	Case Titles	Citation
October 27/2010	'Industrial Plot - Penalty - Delay in lease deed'	Angel Baby Products Pvt. Ltd. Vs. New Okhla Industrial Development Authority Special Leave Petition (Civil) No.10940 of 2008 imposing penalty against the writ petitioners for failing to get the lease deed for commercial plot no.1/1-A, Sector 27, NOIDA, executed within the stipulated period of 120 days from the date of allotment of the plot. ..... Even if initially a case may have been made out on behalf of the Petitioner Company that the execution of the lease deed could not be completed on account of the mis-description of the plot and in view of the prayer for change in the name of the allottee, on account of the subsequent conduct of the Petitioner Company and Shri Gupta, we are not inclined to interfere with the order of the High Court	2010 STPL(Web) 890 SC

Date	Topics	Case Titles	Citation
October 27/2010	'Property dispute'	Amina Beevi Vs. Thachi Special Leave Petition (Civil) No. 15221 of 2007 With Special Leave Petition (Civil) No. 19320 of 2007 We also find that the Trial Court has accepted this finding of the Land Tribunal upholding the leasehold right of the plaintiffs- respondents and has decided Issue No.1 in the suit accordingly. The finding of the Land Tribunal and the Trial Court on this point is a finding of fact based on oral and documentary evidence and we are not inclined to disturb this finding in this Special Leave Petition.	2010 STPL(Web) 891 SC

Date	Topics	Case Titles	Citation
October 26/2010	'Service Tax - Constitutional Validity'	Association of Leasing & Financial Service Companies Vs. Union of India Civil Appeal No.9344 of 2010 (Arising out of S.L.P. (C) No.23149 of 2009) with Civil Appeal No.9345 of 2010 (arising out of S.L.P. (C) No.23805 of 2009), Civil Appeal No.9346 of 2010 (arising out of we hold that the service tax imposed by Section 66 of the Finance Act, 1994 (as amended) on the value of taxable services referred 47 to in Section 65(105)(zm) read with Section 65(12) of the said Act, insofar as it relates to financial leasing services including equipment leasing and hire-purchase is within the legislative competence of the Parliament under Entry 97, List I of the Seventh Schedule to the Constitution. Accordingly, the appeals are dismissed with no order as to costs.	2010 STPL(Web) 899 SC

Date	Topics	Case Titles	Citation
October 29/2010	'Panchyat - office of profit'	Anokh Singh Vs. Punjab State Election Commission Civil Appeal No. of 2010 [Arising out of SLP [C] No.7319 of 2009]¬ with Civil Appeal No. of 2010 [Arising out of SLP [C] No.10948 of 2009] Whether the office of a Lambardar would be an `office of profit' so as to disqualify the incumbent of such an office to seek election as Panch of the Gram Panchayat. ii) Whether the Anganwari workers employed in the various social-welfare schemes in the State of Punjab held an `office of profit' and consequently disqualified for seeking election to the Gram Panchayats. ..... With regard to the Anganwari workers, the High Court held that the Anganwari workers did not hold any civil post under the Government. It is also held that the Anganwari workers do not hold an `office of profit' under the State Government. ..... as we have already held that the office of a Lambardar would not be an `office of profit'.	2010 STPL(Web) 909 SC

Date	Topics	Case Titles	Citation
October 26/2010	'Murder - Conviction/Acquittal'	Anjani Chaudhary Vs. State of Bihar Criminal Appeal No. 140 of 2004 with Criminal Appeal No.1739 of 2010 (arising out of Special Leave Petition (Crl.) No.5187 of 2003) In this case the medical evidence corroborates the presence of Bhimsen Chaudhary and Kinkin Chaudhary as they were armed with a farsa and a bhala which could have caused the incised and penetrating wounds found on the dead body. The medical evidence, however, does not support the presence of Anjani Chaudhary as there was no injury with a pistol or a lathi on the body of the deceased. ..... we dismiss the appeal of Kinkin Chaudhary but allow Criminal Appeal No.140 of 2004 filed by Anjani Chaudhary and order his acquittal.	2010 STPL(Web) 911 SC

Date	Topics	Case Titles	Citation
October 29/2010	'Industrial Dispute - Pay Scale'	Ajmer Vidyut Vitran Nigam Vs. Navin Kumar Saini Civil Appeal No. 9487 of 2010 (arising out of SLP(C) No.1178 of 2008) with Civil Appeal No. 9488 of 2010 (arising out of SLP(C)No.3448 of 2008) Accordingly, respondents raised a grievance that they be given the pay scale of the post of Junior Clerk with effect from 1st December, 1979 and regular pay scale of the post of Clerk from 1st April, 1982 to 26th June, 1984. ..... we deem it expedient to direct the appellants to consider the cases of respondents for regularization as Junior Clerks with effect from 1st April, 1982 and in case they are found fit for regularization, grant them the pay-scale thereof from the said date.	2010 STPL(Web) 914 SC

Date	Topics	Case Titles	Citation
July 14/2010	'Contempt - Maintainability'	Amicus Curiae Vs. Prashant Bhushan Contempt Petition (Crl.) No.10 of 2009, Application Nos.1324, 1474, 2134 of 2007, In Writ Petition (C) No.202 of 1995 In the interview he went on to say that although he did not have any proof for his allegations, half of the last 16 Chief Justices were corrupt. He also made a serious imputation against the Hon'ble the Chief Justice of India, Justice S.H. Kapadia ..... Thus, on prima facie satisfaction that there were sufficient grounds for taking action on its own motion, the Court initiated suo motu action by directing issue of notice to the Respondents. Hence, the present contempt proceeding was initiated by the Court on its own motion and it is not covered by clauses (a), (b) and (c) of sub- section (1) of Section 15 of the Contempt of courts Act, 1971 or clauses (b) and (c) of Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975. ..... We, therefore, hold these proceedings to be maintainable and direct that the matter be placed for hearing on merits.	2010 STPL(Web) 917 SC

Date	Topics	Case Titles	Citation
November 12/2010	'Central Excise'	Aurangabad Electricals (P) Ltd. Vs. Commissioner of Central Excise And Customs Civil Appeal No. 2694 of 2006 with Civil Appeal Nos.2420 of 2006, 2693 of 2006 and 2691 of 2006 The main issue involved in these appeals is the valuation of Magneto Assemblies cleared by the appellants - M/s. Aurangabad EL to M/s. Bajaj and consequent short payment of duty thereon on account of not taking into account the total landed cost of the inputs supplied by M/s. Bajaj.	2010 STPL(Web) 933 SC

Date	Topics	Case Titles	Citation
November 15/2010	'Constitutional Law - Expelled From Party - Position in Parliament'	Amar Singh Vs. Union of India Writ Petition (Civil) No.317 of 2010 with Writ Petition (Civil) No.343 of 2010 We are also convinced that the decision in G. Viswanathan's case (supra) merits another look as far as the Members of the House who are expelled from their parties on whose banner they had been elected to the House, are concerned, as they would be left completely vulnerable to the whims and fancies of the leaders of their parties. We, therefore, issue Rule in the two Writ Petitions and request Hon'ble the Chief Justice of India to refer the matter to a larger Bench on the following questions :-	2010 STPL(Web) 937 SC

Date	Topics	Case Titles	Citation
November 16/2010	'Arbitration – Arbitrator Appointment'	Alva Aluminium Ltd. Bangkok Vs. Gabriel India Limited Arbitration Petition No.2 of 2010 This petition has been filed under sub-sections (5) and (9) of Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an independent and impartial person as a sole arbitrator for the adjudication of the disputes that have arisen between the parties. ..... I allow this petition and appoint Mr. Justice Anil Dev Singh, former Chief Justice of Rajasthan High Court as sole Arbitrator for adjudication of the disputes between the parties arising out of the contract referred to in the petition.	2010 STPL(Web) 940 SC

Date	Topics	Case Titles	Citation
November 18/2010	'Ambulance/Emergency Response Service'	Ambulance Access Foundation India Vs. Union of India Writ Petition (Civil) No. 518 of 2008 writ of mandamus directing Respondent No.1, Respondent Nos.2 to 13 and Respondent Nos.27 to 44 to put in a place a transparent and fair process in awarding the contracts for running Ambulance/Emergency Response Service in their respective jurisdiction ..... We are of the considered view that it would be appropriate that the various issues raised in this matter would be examined by the respective State Governments, who will be in a better position to examine and implement them depending upon the specific needs of those states like disease burden, health infrastructure, road connectivity etc.	2010 STPL(Web) 947 SC

Date	Topics	Case Titles	Citation
November 18/2010	'Land Dispute - Adoption'	Atluri Brahmanandam (D) Vs. Anne Sai Bapuji Civil Appeal No. 9714 of 2010 [Arising out of SLP (C) No. 28504 of 2008] One of the contentions which was raised in the suit was that the respondent/plaintiff was the adopted son of Late Anne Seetharamaiah and if the findings are in the affirmative, in that event, he would be entitled to claim for recovery of possession of the scheduled land. ..... We are concerned for the purpose of this case with clause (iv) of Section 10 which provides that a person to be adopted should not have completed the age of 15 years. But there is also an exception provided therein to the aforesaid required qualification which provides that if there is a custom or usage applicable to the parties permitting persons who have completed the age of 15 years being taken in adoption, such a person could also be validly adopted.	2010 STPL(Web) 950 SC

Date	Topics	Case Titles	Citation
November 29/2010	'Labour Law – Burden of Proof'	Amar Chakravarty & Ors. Vs. Maruti Suzuki India Ltd. Civil Appeal Nos. 10135 of 2010 dismissed the writ petitions of the appellants herein, holding that the Labour Court was correct in shifting the burden on the workmen- appellants to prove that their termination was unjustified. ..... In view of the aforesaid position in law, the inevitable conclusion is that when no enquiry is conducted before the service of a workman is terminated, the onus to prove that it was not possible to conduct the enquiry and that the termination was justified because of misconduct by the employee, lies on the management.	2010 STPL(Web) 1005 SC

Date	Topics	Case Titles	Citation
November 30/2010	'Execution'	Arun Lal & Ors. Vs. Union of India & Ors. Civil Appeal No.6464 of 2004 The High Court has while allowing the writ petition and setting aside the orders referred to above held that the execution proceedings instituted by the respondent-decree holders were not maintainable in so far as the same related to 2.792 acres of land that stood resumed by the Government of India ..... we do not find any reason, muchless a compelling one, for us to take a view different from the one taken by the High Court.	2010 STPL(Web) 1006 SC

Date	Topics	Case Titles	Citation
November 30/2010	'Contempt of Court'	Ashish Ranjan Vs. Anupama Tandon Contempt Petition (Civil) No. 394 of 2009 in Transfer Petition (Civil) No. 195 of 2008 we do not hesitate in holding that the respondents have deliberately and willingly violated the terms of the consent order and are guilty of committing the contempt of this court. ..... However, imposing any punishment on the respondents would not serve any purpose, nor it would serve in a better way to the welfare of the child, Kislay. ..... we dispose of the contempt petition giving liberty to the applicant to approach the appropriate court/forum for seeking custody of the child, Kislay, or any other appropriate relief in this regard.	2010 STPL(Web) 1013 SC

Date	Topics	Case Titles	Citation
December 06/2010	'TADA - Conviction set aside'	Abubucker Siqqique Vs. State Represented By The Deputy Superintendent of Police Criminal Appeal No.1374 of 2007 with criminal appeal no. 552 of 2008 With Criminal Appeal No. 1271 of 2009 whereby the learned Judge convicted the appellants under Section 120-B IPC read with Sections 153A, 201, 302, 326, 324, 419, 436 IPC, Section 9(B)(1)(b) of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosives Substances Act and Section 3(2)(i) and (ii) and Section 3(3) of the TADA Act and they were sentenced to undergo imprisonment for life. ..... In the result the prosecution story as put forward does not inspire confidence on the basis of the material placed on record. Criminal Appeal No.1374 of 2007 and Criminal Appeal No.552 of 2008 filed by the accused appellants are, therefore, allowed and the conviction and sentence passed against the appellants are set aside. They shall be set free forthwith unless wanted in any other case.	2010 STPL(Web) 1034 SC

Date	Topics	Case Titles	Citation
December 06/2010	'Advocate – Refusal to defend'	A.S. Mohammed Rafi Vs. State of Tamil Nadu Rep. By Home Dept. Criminal Appeal No. 2310 of 2010 (arising out of S.L.P.(Crl.) No.6820 of 2008) With Civil Appeal Nos. 10304-10308 of 2010 (arising out of S.L.P.(C) Nos.26659-26663 of 2008) Several Bar Association all over India, whether High Court Bar Associations or District Court Bar Associations have passed resolutions that they will not defend a particular person or persons in a particular criminal case. ..... In our opinion, such resolutions are wholly illegal, against all traditions of the bar, and against professional ethics. Every person, however, wicked, depraved, vile, degenerate, perverted, loathsome, execrable, vicious or repulsive he may be regarded by society has a right to be defended in a court of law and correspondingly it is the duty of the lawyer to defend him.	2010 STPL(Web) 1036 SC

Date	Topics	Case Titles	Citation
December 16/2010	'Murder – Conviction upheld'	Abrar Vs. State of Uttar Pradesh Criminal Appeal No. 1668 of 2005 We, particularly, notice that the dying declaration had recorded by the Tahsildar after the Doctor had certified the victim as fit to make a statement. The doctor also appeared in the witness box to support the statement of the Tahsildar. We are, therefore, of the opinion, that no fault whatsoever could be found in the dying declarations. ..... The prompt lodging of the FIR is another circumstance in favour of the prosecution. ..... We, therefore, find no merit in the appeal. It is, accordingly, dismissed.	2010 STPL(Web) 1074 SC

Date	Topics	Case Titles	Citation
December 07/2010	'Land Acquisition - Compensation'	Anjani Molu Dessai Vs. State of Goa Civil Appeal No. 8042 of 2004 The only question that arises for consideration is whether compensation awarded, should have been at a higher rate. ..... Therefore, we are of the view that the averaging of the prices under the two Sale Deeds was not justified. The Sale Deed dated 31.1.1990 ought to have been excluded for the reasons stated above. That means compensation for the acquired lands had to be fixed only with reference to the Sale Deed dated 30.8.1989 relied upon by the Land Acquisition Collector which will be Rs.57.50 per sq.m. As the said market value has been fixed with reference to comparable bharad land with fruit trees, the question of again separately awarding any compensation for the trees situated in the acquired land does not arise.	2010 STPL(Web) 1083 SC

Date	Topics	Case Titles	Citation
January 03/2011	'Rent – Arrears'	Abdul Majid Mir Vs.Kapil Dev Ghai Civil Appeal No.6 of 2011(Arising out of Special Leave Petition (C)No.17395/2010)-Decided on 3-1-2010 the appellant has drawn our attention to the finding of the Trial Court in which it is clearly mentioned that the entire amount of rent has been paid to V.K. Ghai, co-owner of the property and brother of the respondent no.1 herein. This fact is not controverted by the counsel for the respondent.....The appellant-tenant has already paid the entire outstanding amount, therefore, the appellant cannot be compelled to pay the rent amount twice over, so the appellant will have no liability to pay any rent.	2011 STPL(Web) 8 SC

Date	Topics	Case Titles	Citation
January 07/2011	'Customs – Anti dumping duty'	Automotive Tyre Manufacturers Association Vs. Designated Authority Civil Appeal No. 949 of 2006 With Civil Appeal No.8012 of 2010 & Civil Appeal No.2007 of 2006 & Civil Appeal No.2115 of 2006 whereby the appeals filed by the appellants herein, have been dismissed and the levy of anti-dumping duty, imposed under Section 9A of the Customs Tariff Act, 1975 (for short "the Tariff Act") vide Notification 36/2005-Cus dated 27th April 2005 has been affirmed.	2011 STPL(Web) 23 SC

Date	Topics	Case Titles	Citation
January 13/2011	'Service Law - Magistrate - Compulsory Retirement'	Arundhati Ashok Walavalkar Vs. State of Maharashtra Civil Appeal No. 6966 of 2004 whether the Disciplinary Authority was justified in imposing on the appellant the punishment of compulsory retirement in terms of Rule 5(1)(vii) of the Maharashtra Civil Services (Discipline & Appeal) Rules, 1979 on the ground that the said appellant-Magistrate was found travelling without ticket in a local train thrice and on each occasion, the behaviour of the said appellant-Magistrate with the Railway staff in asserting that the Magistrates need not have a ticket was improper and constituted grave misconduct. ..... We fully agree with the conclusions arrived at by the disciplinary authority. We also find no reason to interfere with the findings arrived at by the High Court giving reason for its decision with which we fully agree and find justification.	2011 STPL(Web) 42 SC

Date	Topics	Case Titles	Citation
January 18/2011	'Rape - Concocted story - Conviction set aside'	Alamelu Vs. State Represented By Inspector of Police Criminal Appeal No.1053 of 2009, Criminal Appeal No.1062 of 2009, Criminal Appeal No.1063 of 2009 Since it was known to Sekar (A1) that the police was searching for the girl (PW2), he took her to Thiruverumbur Police Station. He told the police officials there that they were husband and wife and had been legally married. ..... It would be rather odd that Sekar would himself inform Sugavanam of the abduction, if he was responsible for the same. ..... There is no evidence to prove that the victim was forcibly taken in a car. Neither the owner nor the driver of the car has been examined in the Court. ..... she did not raise any alarm. The presence of these blood relatives is also confirmed by Thangavel (PW3). He stated that even though these relatives were present at the marriage, they could not prevent the forced marriage. ..... The testimony of PW1 in fact makes it further clear that the whole prosecution version has been concocted to falsely implicate the accused. ..... In our opinion, the entire story about the abduction by car and the forced marriage seems to have been concocted to falsely implicate all the accused under Section 366 IPC.	2011 STPL(Web) 61 SC

Date	Topics	Case Titles	Citation
January 27/2011	'Municipality - Recruitment rules - Approval by High Court'	Administrator, Ranchi Municipal Corpn. Vs. Rajnish Kumar Civil Appeal No.72 of 2003 On the next date of hearing, the administrator of the appellant presented a scheme for recruitment along with the 4 relevant rules. ..... By the impugned order, the High Court approved the scheme subject to various modifications ..... In our opinion, the impugned order is legally unsustainable inasmuch as it runs contrary to the provisions of the Act applicable to Ranchi Municipal Corporation and the Rules framed thereunder for recruitment of class-III and class-IV employees.	2011 STPL(Web) 85 SC

Date	Topics	Case Titles	Citation
January 25/2011	'Recalling of order - Not allowed'	Abdul Gani Bhat Vs. Chairman, Islamia College Governing Board I.A. Nos.3-4 in SLP(C) Nos.1995-1996 of 2006 If no matter was pending before the High Court, the petitioner, who was present in person should have brought it to the notice of the bench which passed the order. In any case, after a time gap of almost 4 years, we do not find any valid ground much less justification to recall that order and decide the special leave petitions afresh.	2011 STPL(Web) 94 SC

Date	Topics	Case Titles	Citation
January 25/2011	'Contempt - Not made out'	Abdul Gani Bhat Vs. Chairman, Islamia College Governing Board I.A. Nos. 3-4 in Contempt Petition (C) Nos.86-87 of 2009 in SLP(C) Nos. 1995-1996 of 2006 We have heard Shri Abdul Gani Bhat, who appeared in person and carefully perused the record. In our view, there is no valid ground much less justification for initiating proceedings against the respondents because a similar prayer made by him in Contempt Petition (Civil) Nos.86-87 of 2009 has already been rejected. The applications are accordingly dismissed.	2011 STPL(Web) 95 SC

Date	Topics	Case Titles	Citation
January 25/2011	'Perjury - Not made out'	Abdul Gani Bhat Vs. Chairman, Islamia College Governing Board Crlmp No.21733-21734 of 2010 in SLP(C) Nos.1995-1996 of 2006 These petitions have been filed by Shri Abdul Gani Bhat for directing the Registrar of this Court to file complaint before the appropriate forum against the respondents for having made false statements before this Court. ..... We have heard Shri Abdul Gani Bhat, who appeared in person and carefully perused the record. In our view, there is no valid ground much less justification for issue of a direction to the Registrar to initiate proceedings against the respondents by filing complaint merely because some of the statements made in the written statement were, as per the petitioner's version, false.	2011 STPL(Web) 96 SC

Date	Topics	Case Titles	Citation
January 31/2011	'Employee State Insurance - Refund'	All India Emp. St. Insu. Corpn Emp. Fedn Vs. Empl. State Insurance Corpn Civil Appeal No.1199 of 2011 (@ Special Leave Petition (C) No.32701 of 2010) In view of the categoric undertaking submitted by the employees, they are under an obligation to refund the excess amount paid to the Corporation or the Corporation would be at liberty to recover excess amount paid tot he employees.	2011 STPL(Web) 97 SC

Date	Topics	Case Titles	Citation
January 31/2011	'Employee State Insurance - Refund'	All India Emp. St. Insu. Corpn Emp. Fedn Vs. Empl. State Insurance Corpn Civil Appeal No.1199 of 2011 (@ Special Leave Petition (C) No.32701 of 2010) In view of the categoric undertaking submitted by the employees, they are under an obligation to refund the excess amount paid to the Corporation or the Corporation would be at liberty to recover excess amount paid tot he employees.	2011 STPL(Web) 97 SC

Date	Topics	Case Titles	Citation
January 24/2011	'Mercy Killing'	Aruna Ramachandra Shanbaug Vs. Union of India Writ Petition (Crl.) No.115 of 2009 Euthanasia is one of the most perplexing issues which the courts and legislatures all over the world are facing today. ..... There is not the slightest possibility of any improvement in her condition and her body lies on the bed in the KEM Hospital, Mumbai like a dead animal, and this has been the position for the last 36 years. The prayer of the petitioner is that the respondents be directed to stop feeding Aruna, and let her die peacefully. ..... In the circumstances we are of the opinion that a team of three doctors should be appointed to examine Aruna Ramachandra Shanbaug thoroughly and give a report to us about her physical and mental condition.	2011 STPL(Web) 104 SC

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January 24/2011	'Education - Eligibility - Entrance Examination'	Archana Chouhan Pundhir Vs. State of M. P. Civil Appeal No.899 of 2011 (Arising out of SLP(C) No.1963 of 2010) A Medical Officer serving on contract basis was not eligible to apply as an "in-service candidate", but if the services of such an appointee were regularised, then the experience gained by him/her by working on contractual basis was required to be taken into consideration for the purpose of selection. ..... the writ petition filed by the appellant is allowed and it is declared that the decision of the respondents to treat the appellant ineligible for admission to Post Graduate course as an "in-service candidate" was illegal and volatile of her Fundamental Right to Equality.	2011 STPL(Web) 105 SC

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February 03/2011	'TADA - Constitutional Validity - Membership of banned organization'	Arup Bhuyan Vs. State of Assam Criminal Appeal No(s) 889 of 2007 it has taken the view that the confessional statement in question cannot be acted upon as the sole basis for conviction of the appellant. ..... However, the TADA Court has convicted the appellant under Section 3(5) of the TADA which makes mere membership of a banned organisation criminal. Although the appellant has denied that he was a member of ULFA, which is a banned organisation. Even assuming he was a member of ULFA it has not been proved that he was an active member and not a mere passive member. ..... In our opinion, Section 3(5) cannot be read literally otherwise it will violate Articles 19 and 21 of the Constitution. It has to be read in the light of our observations made above. Hence, mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence. ..... Hence, the conviction of the appellant under Section 3(5) of the TADA is also not sustainable.	2011 STPL(Web) 107 SC

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January 25/2011	'Murder - Conviction upheld'	Anisetti Veerabhadra Rao Vs. State of A.P. Criminal Appeal No. 1274 of 2009 In any case, we have absolutely no doubt that the prosecution story is even otherwise proved by the evidence of PW-1, the mother of the deceased and PW-3, a servant of the deceased. The medical evidence clearly supports the eye-witness account. The deceased had 13 injuries on his person most of them incised wounds which could have been caused with a cutting weapon. It is also evident that PWs 1 & 3 presence at the spot was natural as the incident had happened in the house of the deceased at about 6:30 p.m. For this reason also there could be no confusion about the identity of the appellants.	2011 STPL(Web) 159 SC

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February 23/2011	'Murder - One accused acquitted'	Amerika Rai Vs. State of Bihar Criminal Appeal Nos. 1516-1517 of 2004 There can be no dispute that the presence of the accused persons on the spot was well established by the five eye-witnesses named above. All the five eye-witnesses who supported the prosecution have in one voice deposed to the presence of all these accused persons and the acts performed by them. ….. In our opinion, the role of Darbesh Rai (A-2), as attributed to by the eye-witnesses, should not make him vicariously liable. We, therefore, grant benefit of doubt to Darbesh Rai (A-2) and acquit him. ….. In short, there can be no dispute about the formation of unlawful assembly and its common object. We, therefore, dismiss all the appeals excepting that of Darbesh Rai (A-2) who has been granted the benefit of doubt. He shall be acquitted.	2011 STPL(Web) 173 SC

Date	Topics	Case Titles	Citation
February 25/2011	'Corruption - Conviction set aside'	Ashok Tshering Bhutia Vs. State of Sikkim Criminal Appeal No. 945 of 2003 The High Court has held that the appellant has amassed assets disproportionate to his known sources of income. ….. the alleged unexplained income remains merely a marginal/paltry sum which any government employee can save every year. ….. In view of the above, we are of the considered opinion that judgments and orders of the courts below cannot be sustained in the eyes of law and they are liable to be set aside.	2011 STPL(Web) 178 SC

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January 27/2011	'Rape - Conviction upheld'	Ashok Surajlal Ulke Vs. State of Maharashtra Criminal Appeal No. 251 of 2006 The trial court relying on the evidence of P.W. 1, as supported by the circumstantial evidence of P.W. 2 and P.W. 3 and noticing that the medical evidence was uncertain as the Doctor had opined that it was not possible to give any opinion as to the rape, nevertheless held that a case of rape had been made out. A sentence of 7 years was, accordingly, imposed on the appellant. An appeal taken to the High Court was also dismissed ….. In the light of the very categoric statements of P.W. 1 as corraborated by P.W. 2 and P.W. 3 and in the light of the fact that no cause for false implication has been pointed out by the accused, we find no merit in the appeal.	2011 STPL(Web) 185 SC

Date	Topics	Case Titles	Citation
February 17/2011	'Arbitration - Arbitrator - Inherent lack of jurisdiction'	A.P.S.Kushwaha (SSI Unit) Vs. Municipal Corporation Civil Appeal Nos. 1888-1889 of 2011 [Arising out of SLP [C] No.23767-23768 of 2010] The only question that arises for consideration in this appeal by special leave is whether there was inherent lack of jurisdiction in the Arbitrator, thereby nullifying the award.	2011 STPL(Web) 201 SC

Date	Topics	Case Titles	Citation
March 01/2011	'Criminal Procedure - Fresh investigation'	Ashok Kumar Todi Vs. Kishwar Jahan Criminal Appeal No. 602 of 2011 (Arising out of S.L.P. (Crl.) No. 5005 of 2010) with Civil Appeal Nos. 2204-2209 of 2011 (Arising out of S.L.P. (C) Nos. 29951-29956 of 2010) whereby the CBI was directed to start investigation afresh in accordance with law treating the complaint dated 21.09.2007 filed by Rukbanur Rahman, brother of Rizwanur Rahman - the deceased, as F.I.R. and to register a case of murder. ….. The Division Bench of the High Court has failed to note that the fresh investigation into the same allegation would be a futile exercise and no purpose would be served by investigating the case afresh, more particularly, when there is no adverse comment on the investigation carried out by the CBI. The de novo investigation by lodging another FIR would result in delay of justice since the Division Bench has ordered to conduct the same investigation under the same sections started three years back by the same agency, namely, the CBI. For all these reasons, we are unable to sustain the reasonings of the Division Bench for a fresh investigation by the CBI.	2011 STPL(Web) 205 SC

Date	Topics	Case Titles	Citation
January 25/2011	'Rape - Conviction set aside'	Amar Bahadur Singh Vs. State of U.P. Criminal Appeal No. 107 of 2006 He has pointed out that the prosecutrix was 26 years of age as on the date of the incident and was the mother of seven children and the very fact that the rape had been allegedly committed in her house not only in the presence of her children and other family members, the story itself appeared to be unacceptable. ….. We find merit in this plea. We find that under the circumstance the possibility that rape could have been committed on her in the presence of so many members in a small house is difficult to believe. On the contrary the findings of the High Court that the prosecutrix was a consenting party appear to be correct and it was perhaps when the accused and the prosecutrix had been caught red- handed that the story of rape had been cooked up, to salvage some of the family honour. This is often the tendency in such matters	2011 STPL(Web) 211 SC

Date	Topics	Case Titles	Citation
March 07/2011	'Mercy Killing'	Aruna Ramchandra Shanbaug Vs. Union of India Writ Petition (Criminal) No. 115 of 2009 Euthanasia is one of the most perplexing issues which the courts and legislatures all over the world are facing today. ….. From the above examination by the team of doctors, it cannot be said that Aruna Shanbaug is dead. Whatever the condition of her cortex, her brain stem is certainly alive. She does not need a heart--lung machine. She breathes on her own without the help of a respirator. She digests food, and her body performs other involuntary function without any help. From the CD (which we had screened in the courtroom on 2.3.2011 in the presence of counsels and others) it appears that she can certainly not be called dead. She was making some sounds, blinking, eating food put in her mouth, and even licking with her tongue morsels on her mouth. ….. In our opinion, if we leave it solely to the patient's relatives or to the doctors or next friend to decide whether to withdraw the life support of an incompetent person there is always a risk in our country that this may be misused by some unscrupulous persons who wish to inherit or otherwise grab the property of the patient.	2011 STPL(Web) 231 SC

Date	Topics	Case Titles	Citation
February 02/2011	'Service Law - Appointment'	Arvind Kumar Vs. State of Bihar Civil Appeal Nos. 1240-1241 of 2011 (Arising out of SLP(C) Nos.20279-20280/2009) with Civil Appeal Nos. 1242-1243 of 2011 (Arising out of SLP(C) Nos.25288-25289/2009 In the peculiar facts and circumstances of these cases, we direct the Bihar Staff Selection Commission to hold fresh examinations for the 299 posts of Sub Inspectors of Police and only the appellants, who were writ petitioners before the High Court of Judicature at Patna, whose cases were adjudicated upon or are pending before the High Court (total 223 only as per the list given in Court by Mr. Ranjit Kumar, learned senior counsel) would be at liberty to appear in the physical and written examinations.	2011 STPL(Web) 238 SC

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February 28/2011	'Bail - Granted'	Ajay Kumar Prasad Vs. State of Bihar Criminal Appeal No. 613 of 2011 (Arising Out Of Special Leave Petition (Crl.) No.8858 of 2010) with Crl.A. No. 614 of 2011 (Arising Out of S.L.P.(Crl.) No. 697 of 2011) It is not disputed that the appellant in each case is in jail from November, 2009. On consideration of the totality of the facts and circumstances of these cases, we deem it appropriate to release the appellant in each case on bail on furnishing personal bond for a sum of Rs.50,000/- with two sureties of the like amount each to the satisfaction of the Trial Court. However, in the facts and circumstances of these cases, we direct the Trial Court to conclude the trial as expeditiously as possible and the Trial Court would not grant any adjournments unless it becomes absolutely imperative.	2011 STPL(Web) 249 SC

Date	Topics	Case Titles	Citation
March 10/2011	'Service Law - Removal - Judicial officer - Dispensing of inquiry'	Ajit Kumar Vs. State of Jharkhand Civil Appeal No. 2420 of 2011 [Arising out of S.L.P (C) No. 12141 of 2008] the Full Court, after considering the confidential report and the report of the Inspecting Judge, resolved that the appellant can be recommended for removal from the service, without any enquiry as it was felt that it was not practicable in the interest of the institution to hold an inquiry since it may lead to the question of validity of several judgments rendered by him. ….. the order passed by the competent authority removing the appellant from the services cannot be held to be without jurisdiction and power. ….. Similarly, such a power could be exercised by the High Court to dispense with an enquiry for a reason to be recorded in writing and such dispensation of an enquiry for valid reasons when recommended to the Governor, it is within the competence of the Governor to issue such orders in terms of the recommendation of the High Court in exercise of power under Article 311(2) (b) of the Constitution of India.	2011 STPL(Web) 255 SC

Date	Topics	Case Titles	Citation
March 09/2011	'Dowry Death - Conviction by High Court set aside'	Anil Kumar Gupta Vs. State of U.P. Criminal Appeal No. 388 of 2004 The High Court virtually substituted all the findings and conclusions of the trial court but without assigning any reason whatsoever as to why and how those conclusions of the trial court were not sound or perverse in their nature. ….. That singular circumstance in our considered opinion is not enough to conclude that the appellant forcibly administered the poison to the victim. Even the medical evidence available on record does not support the conclusion. The view taken by the High Court to reverse the order of acquittal is unsustainable both in law and on facts.	2011 STPL(Web) 290 SC

Date	Topics	Case Titles	Citation
March 29/2011	'Sales Tax - Review'	Assistant Commercial Taxes Officer Vs. Makkad Plastic Agencies Civil Appeal No. 2692 of 2011 [Arising out of SLP (C) No. 33853 of 2010] holding that the tax on "thermo ware" and "vacuum ware", which were the articles sold by the assessee-respondent during the relevant assessment year, should be levied Sales Tax at 10 per cent instead of 8 per cent, treating them as separate articles from plastic goods/products. Consequently, the liability of difference of tax at 2 per cent along with surcharge, interest and penalty was also levied. ….. The assessee-respondent thereafter filed a rectification/amendment application purportedly under Section 37 of the Act of 1994, which was decided by the Rajasthan Taxation Board, Ajmer by passing an order dated 22.01.2009. By the aforesaid order the Taxation Board modified its earlier order to the extent of holding that as the assessee-respondent had declared all his sales in the books of accounts, in that situation, in order to levy penalty, department has to also prove additionally, that there was a mala fide intention on the part of the assessee- respondent for tax evasion ….. Such re-appreciation of the evidence to come to a contrary finding was not available under Section 37 of the Act of 1994 while exercising the power of rectification of error apparent on the face of the records.	2011 STPL(Web) 299 SC

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March 29/2011	'Quashing of Complaint – Atrocities – Quashed'	Asmathunnisa Vs. State of A.P. Criminal Appeal No.766 of 2011 (Arising out of SLP (Crl.) No.4531/2006) The appellant has also been implicated because she had accompanied her husband to the house of the complainant. Admittedly, the appellant did not utter offending words. ….. Learned counsel for the appellant submitted that: A. According to the complaint, no offence under the aforesaid section can be made out against the appellant because the ingredients of the offence are not made out. In the complaint so called offending words were not even attributed to the appellant. ….. that if all the facts mentioned in the complaint are accepted as correct in its entirety and even then the complaint does not disclose the essential ingredients of an offence, in such a case the High Court should ensure that such frivolous prosecutions are quashed under its inherent powers under section 482 of the Cr.P.C. ….. we set aside the impugned judgment passed by the High Court and quash the complaint	2011 STPL(Web) 312 SC

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April 01/2011	'Municipality - Nominated Members'	Afjal Imam Vs. State of Bihar Civil Appeal No. 2843 of 2011 (Arising out of Special Leave Petition (C) No. 21928 of 2010) The respondent no.3, the District Magistrate Patna, Bihar is directed to administer the oath of secrecy under Section 24 of the Act to the seven Municipal Councillors nominated by the appellant to the Empowered Standing Committee. The appellant as well as the members of the Empowered Standing Committee shall be entitled to exercise all the powers as the Mayor and the members of the Empowered Standing Committee as provided in the Bihar Municipal Act, 2007, in accordance with law. ….. Judgment containing the reasons to follow separately.	2011 STPL(Web) 323 SC

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April 05/2011	'NDPS - Conviction set aside'	Ashok @ Dangra Jaiswal Vs. State of M.P. Criminal Appeal No.1438 of 2008 From the time of the seizure in the late evening of March 8, 2005, till their deposit in the FSL on March 14, 2005, it is not clear where the samples were laid or were handled by how many people and in what ways. ….. There is no explanation where the seized substance was kept in the meanwhile. ….. Last but not the least, the alleged narcotic powder seized from the possession of the accused, including the appellant was never produced before the trial court as a material exhibit and once again there is no explanation for its non- production. ….. We, accordingly, direct that their conviction and sentence be also set aside	2011 STPL(Web) 340 SC

Date	Topics	Case Titles	Citation
March 28/2011	'Death by Negligence - Compensation - Sentence reduced'	Azeez Vs. State of Kerala Criminal Appeal No. 833 of 2011 (Arising out of SLP(Crl.) No.5930 of 2010) The appellant was convicted by the Trial Court under Sections 304-A, 279 and 337 of the Indian Penal Code and was sentenced to undergo simple imprisonment for one year under Section 304-A. ….. we are of the view that ends of justice would meet if the amount of Rs.2 lakhs, with interest, is directed to be paid to the complainant (Mrs. Valsala) and the sentence of the appellant is reduced to the period already undergone by him. We order accordingly. ….. However, we make it clear that this case has been decided on the peculiar facts of this case and shall not be treated as a precedent.	2011 STPL(Web) 346 SC

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April 06/2011	'Allotment of Land by Govt. - Cancelled'	Akhil Bhartiya Upbhokta Congress Vs. State of Madhya Pradesh Civil Appeal No. 2965 of 2011 (Arising out of SLP(C) No. 25509 of 2009) What needs to be emphasized is that the State and/or its agencies/instrumentalities cannot give largesse to any person according to the sweet will and whims of the political entities and/or officers of the State. ….. that there is no provision in the Act or the Rules and even in the RBC for allotment of land without issuing advertisement and/or without inviting applications from eligible persons to participate in the process of allotment. If there would have been such a provision in the Act or the Rules or the RBC the same could have been successfully challenged on the ground of violation of Article 14 of the Constitution. ….. The allotment of 20 acres land to respondent No.5 is declared illegal and quashed. Notifications dated 6.6.2008 and 5.9.2008 issued by the State Government under Section 23-A(1)(a) and (2) are also quashed.	2011 STPL(Web) 351 SC

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April 08/2011	'Delhi High Court Rules - First appeal'	Arti Bhargava Vs. Madhur Bhargava Civil Appeal No. 3152-3153 of 2011 [Arising out of SLP(C) Nos.35503-35504 of 2010] The Delhi High Court Rules were amended by notification dated 23.12.2008 and it was provided that all regular first appeals, irrespective of the value of the subject matter, will be heard by a single Judge. The amendment to the Rules, however, made it clear that the amended rules shall apply to pending appeals other than those in which regular hearing has actually commenced before the coming into force of the amendment to the Rules. ….. On 20.3.2009, the Division Bench, however, directed that RFAs Nos.732/2003 and 855/2003 should be released from `part heard' category and placed before a learned single Judge, on the ground that notes of arguments of the Division Bench were misplaced and the matters will have to be heard afresh.	2011 STPL(Web) 374 SC

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April 19/2011	'Atrocities - Conviction upheld - Directions issued'	Arumugam Servai Vs. State of Tamil Nadu Criminal Appeal No. 958 of 2011 [Arising out of SLP(Criminal) No. 8084 of 2009] with Criminal Appeal No. 959 of 2011 [Arising out of SLP (Criminal) No. 8428 of 2009] In the present case, it is obvious that the word `pallapayal' was used by accused No. 1 to insult Paneerselvam. Hence, it was clearly an offence under the SC/ST Act. ….. We have in recent years heard of `Khap Panchayats' (known as katta panchayats in Tamil Nadu) which often decree or encourage honour killings or other atrocities in an institutionalized way on boys and girls of different castes and religion, who wish to get married or have been married, or interfere with the personal lives of people. We are of the opinion that this is wholly illegal and has to be ruthlessly stamped out. ….. we direct the administrative and police officials to take strong measures to prevent such atrocious acts. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to immediately suspend the District Magistrate/Collector and SSP/SPs of the district as well as other officials concerned and chargesheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection.	2011 STPL(Web) 403 SC

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April 21/2011	'Constitutional Validity - Executive Review of Judicial Decision'	Amrik Singh Lyallpuri Vs. Union of India Civil Appeal No.5075 of 2005 The main grievance in the public interest litigation is when an appeal is decided by an Appellate Authority which is manned by a Judge of the Civil Court, appeal from the decision of such authority cannot be heard and by an executive authority, however high such executive authority may be. ….. whether a review by an executive authority of a decision taken by the judicial or quasi-judicial authority which has the trappings of the Court is permissible. ….. In view of this decision by this Court, till a proper judicial authority is set up under the aforesaid Acts, the appeals to the Administrator under Section 347D of the Delhi Municipal Corporation Act, 1957 and also under Section 256 of the NDMC Act shall lie to the District Judge, Delhi.	2011 STPL(Web) 408 SC

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April 18/2011	'Service Law - Salary Payment'	Anand Kumar Jain Vs. State of U.P. Civil Appeal No.3330 of 2011 (@ Special Leave Petition (C) No. 4147 of 2008) In this matter, the appellant has not been paid salary from 13.06.1990 to 27.09.1995. On consideration of the totality of the facts and circumstances of this case, we deem it appropriate to direct the respondent-U.P.State Transport Corporation to pay 30% of the salary to the appellant for the aforementioned period.	2011 STPL(Web) 415 SC

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April 28/2011	'Cricket - Office bearer - Commercial interest in matches'	A.C. Muthiah Vs. Board of Control For Cricket in India Civil Appeal No. 3753 of 2011 (Arising out of SLP (C) No. 12181 of 2010) with Civil Appeal Nos. 3754-3756 of 2011 (Arising out of SLP (C) Nos. 12232-12234 of 2010) which permits an administrator to have directly or indirectly commercial interest in the matches or events like Indian Premier League ("IPL" for short) or Champions League Twenty 20, (3) to grant temporary injunction restraining the respondent No. 2 from functioning as Secretary of BCCI and (4) to grant mandatory temporary injunction directing BCCI not to permit the respondent No. 2 to contest any of the posts of office bearers in future for a reasonable number of years as the Court thinks fit, is upheld. ….. I deem it appropriate to allow these appeals and grant injunction by directing suspension of operation of the impugned amendment dated 27.9.2008 introduced in Regulation 6.2.4 of the BCCI. In case, the Respondent No. 2 - Sri. N. Srinivasan opts to continue owning and operating IPL Chennai Super King, he shall be at liberty to do so but in that event he shall be restrained from holding any office in the BCCI in any capacity whatsoever in view of the reasons assigned hereinabove.	2011 STPL(Web) 437 SC

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April 29/2011	'Quashing of criminal proceedings - Agriculture Produce - Set aside'	Agricultural Market Committee Vs. M.K. Exports Criminal Appeal Nos. 1048-1049 of 2011 (Arising out of S.L.P. (Crl.) Nos. 5064-5065 of 2010) with Criminal Appeal Nos. 1050-1052 of 2011 The only reason that weighed with the High Court in quashing the criminal proceedings against the respondents was that non-payment of market fees re-assessed under Section 12-B(5) is not punishable under Section 23 of the Act. ….. Section 23 of the Act, thus, provides for penalty to be imposed against a person who contravenes the provisions of Section 7 or who fails to pay fees levied under sub-section (1) of Section 12. ….. We find the reasoning of the High Court strange when it says that further assessment of market fees made under Section 12-B(5) is not covered under Section 12(1). The High Court overlooked the explanation appended to Section 12-A which clearly provides that for the purposes of Sections 12-A to 12-G, `market fees' shall mean fees levied under sub-section (1) of Section 12. Section 12-B and the explanation appended to Section 12-A taken together would leave no manner of doubt that assessment of market fees - whether it is done under Section 12- B(1) or 12-B(5) - is covered by the expression `levy fees' in Section 12(1).	2011 STPL(Web) 439 SC

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May 02/2011	'Inams Abolition - Occupancy Rights'	Abdul Khader (D) Vs. Tarabai Civil Appeal No.1848 of 2005 After coming into force of the Karnataka Certain Inams Abolition Act, 1977 (for short, "the 1977 Act"), Basavannappa filed an application under Section 5(1) of that Act for grant of occupancy rights by asserting that he was in cultivating possession of land comprised in survey Nos.5, 6 and 7 since 1957 as a tenant. Respondent No.2 - Shivapal Singh, who is also represented by his legal representatives, filed similar application ….. This shows that Abdul Khader knew that the right/interest flowing from Inam land stood abolished by virtue of Section 4 of that Act. Therefore, it is futile for the appellants to contend that the nature of the land continued to be Service Inam and the Tribunal did not have the jurisdiction to entertain the applications filed by the respondents for grant of occupancy rights.	2011 STPL(Web) 442 SC

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April 08/2011	'Dishonour of Cheque - Compounding - Allowed'	Ameer Chand Vs. Nirmal Chand Criminal Appeal No. 916 of 2011 (Arising out of SLP(Crl.) No.7094 of 2009) (with CRL.M.P. No......of 2011) The appellant was convicted under Section 138 of Negotiable Instruments Act ….. An application has been filed for compounding the offence of the appellant under Section 138 of the Negotiable Instruments Act. We have heard the learned counsel for the parties. On consideration of the totality of the facts and circumstances of this case, we are of the view that ends of justice would meet if the impugned judgment is set aside and the offence of the appellant is compounded.	2011 STPL(Web) 445 SC

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May 10/2011	'Eviction - Contempt – Additional District Judge - Ordered'	Atma Ram Builders P. Ltd. Vs. A.K.Tuli Contempt Petition(c) Nos.140-144 of 2011 IN S.L.P.(C) NOS.27755-27759 of 2010 the Delhi High Court had rejected the second appeal filed by the tenant against the decree of eviction. ….. It seems to us that in this country certain members of the Subordinate Courts do not even care for orders of this Court. When this Court passed an order dated 06th October, 2010 granting six months' time to vacate, the contemnor Archana Sinha, Additional District Judge had no business to pass the order dated 23rd April, 2011 but instead she has stayed the warrants of possession, meaning thereby that she has practically superseded our order and overruled us. ….. In this case, the contemnor Archana Sinha had no business to pass the order dated 23rd April, 2011 and it is hereby quashed as totally void. ….. We further direct the Hon'ble Chief Justice of the Delhi High Court to enquire into the matter and take such disciplinary action against Archana Sinha, Additional District Judge, as the High Court deems fit.	2011 STPL(Web) 478 SC

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May 11/2011	'Right to Privacy – Telephone - Interception of conversation'	Amar Singh Vs. Union of India Writ Petition (Civil) No.39 of 2006 Such interception of conversation, according to the petitioner, amounts to intrusion on the privacy of the affected people, and is motivated by political ill will and has been directed only towards those who are not aligned with the political party in power at the Centre. He submitted that this infringement of his fundamental rights was symptomatic of the erosion of the democratic values in the country. He prayed that the Court may declare the orders for interception unconstitutional and therefore void, and initiate a judicial inquiry into the issuance and execution of these orders, and prayed that damages be awarded to him. ….. Following these principles, this Court has no hesitation in holding that the instant writ petition is an attempt by the petitioner to mislead the Court on the basis of frivolous allegations and by suppression of material facts as pointed out and discussed above.	2011 STPL(Web) 484 SC

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May 11/2011	'Tender'	Apm Terminals B.V. Vs. Union of India Civil Appeal No.4270 of 2011 (Arising out of S.L.P.(C)No.13893 of 2010) With T.C.(Civil) Nos.36-37 of 2010 The appellant having been excluded from one bid on the basis of an existing policy, cannot be debarred from participating in the next bid, by taking recourse to a different yardstick. Such a course of action would be contrary to public policy. Accordingly, the authorities of the JNPT shall allow the appellant to continue to participate in the tender process for the Fourth Container Terminal and the decision to the contrary conveyed to the appellant on 29th June, 2009, is quashed.	2011 STPL(Web) 489 SC

Date	Topics	Case Titles	Citation
May 12/2011	'Education – Recognition of institution'	Abhyudya Sanstha Vs. Union of India Civil Appeal Nos. 4305-4306 of 2011 (Arising out of SLP(C) Nos. 5795-5796 of 2009) With Civil Appeal Nos. 4307-4308 of 2011 Since the Court was not apprised of the true status of the applications filed by the appellants for grant of recognition and patently wrong and misleading statements were made that they have been duly recognised by the NCTE, this Court entertained the special leave petitions along with large number of other similar cases filed by those who had been granted recognition by WRC, Bhopal, issued notices and passed order of status quo. Later on, further interim orders were passed directing the State Government to allot students to the appellants for D. Ed course. ….. In our view, the appellants deserve to be non suited because they have not approached the Court with clean hands. ….. In the result, the appeals are dismissed. Each of the appellants is saddled with costs of Rs.2 lacs,	2011 STPL(Web) 491 SC

Date	Topics	Case Titles	Citation
May 12/2011	'Society - Amendment'	Allahabad High School Society, Allahabad Vs. State of U.P. Civil Appeal No. 4329 of 2011 (Arising out of Special Leave Petition (C) No. 9353 of 2011) whereby the Division Bench confirmed the order dated 22.02.2011 passed by the learned Single Judge and the order dated 24.07.2010 passed by the Assistant Registrar, Firms, Societies & Chits, Allahabad, who cancelled the proceedings related to amendments registered on 30.05.2007. ….. In the light of the factual findings by the authority concerned-the Assistant Registrar, affirming the same by learned Single Judge and Division Bench, it is impermissible for this Court to exercise jurisdiction under Article 136 of the Constitution. It is relevant to point out that the Assistant Registrar, in his order dated 24.07.2010 itself permitted the Bishop, Diocese of Lucknow, who is an ex-officio member of the Society and Chairman of the Governing Body under the Rules, to convene a general body meeting after informing all the members about the present situation and circumstances and reasons, there is no valid ground for interference by this Court.	2011 STPL(Web) 494 SC

Date	Topics	Case Titles	Citation
May 13/2011	'Eviction – Order to Evict by Police Force'	Amar Nath Roy Vs. Arun Kumar Kedia Contempt Petition(C) No.139 of 2011 In Civil Appeal No. 2663 of 2004 we gave the tenant nine months' time from that date to vacate the premises in question. Review Petition filed by the tenant was also dismissed on March 25, 2010. We are informed that the tenant has not vacated the premises in question. Hence, this contempt petition. Accordingly, we direct that the tenant-Anderson Wright & Co. shall be evicted from 7, Red Cross Place, P.S. Hare Street, Kolkata-700 001 forthwith by police force.	2011 STPL(Web) 499 SC

Date	Topics	Case Titles	Citation
June 09/2011	'Murder - Conviction by High Court set aside'	A. Shankar Vs. State of Karnataka Criminal Appeal No. 1006 of 2007-Decided on 9-06-2011. The trial Court has taken into consideration each and every discrepancy/contradictions referred to hereinabove. ….. The contradiction in the statement of Shankara (PW.8) in the court as compared with his statement before the police under Section 161 Cr.P.C. also demolishes the aspect of motive. ….. There was delay in lodging the FIR. In the present case, the alleged occurrence took place at 2.00 p.m. and the police station was hardly at a distance of 1 K.M. from the place of the occurrence and Shankara (PW.8) had never deposed that he had become unconscious, the delay has not been explained. ….. we are of the considered opinion that the High Court committed an error in recording the finding of fact that the prosecution succeeded in proving the case beyond reasonable doubt. The High Court failed to meet the grounds pointed out by the trial Court discarding the case of prosecution and thus, the findings of fact recorded by the High Court remain perverse.	2011 STPL(Web) 521 SC

Date	Topics	Case Titles	Citation
July 04/2011	'Corruption - Sanction'	Abhay Singh Chautala Vs. C.B.I. Criminal Appeal No. 1257 of 2011 (Arising out of SLP (Crl.) No. 7384 of 2010) with Criminal Appeal No. 1258 OF 2011 (Arising out of SLP (Crl.) No. 7428 of 2010) Whether the sanction under Section 19 of The Prevention of Corruption Act (hereinafter called "the Act" for short) was necessary against both the appellants and, therefore, whether the trial which is in progress against both of them, a valid trial, is common question. ….. the appellants in both the appeals had abused entirely different office or offices than the one which they were holding on the date on which cognizance was taken and, therefore, there was no necessity of sanction under Section 19 of the Act as held in K. Karunakaran v. State of Kerala (cited supra) and the later decision in Prakash Singh Badal v. State of Punjab (cited supra).	2011 STPL(Web) 533 SC

Date	Topics	Case Titles	Citation
July 04/2011	'Food Adulteration - Rule Making Power - Ban on Non Iodized Salt'	Academy of Nutrition Improvement Vs. Union of India Writ Petition [C] No.80 of 2006 with TC (C) No. 54 of 2011 (@ TP (C) No.92 of 2009), TC (C) No. 55 of 2011 (@ TP (C) No.152 of 2009), TC (C) No. 56 of 2011 (@ TP (C) No.168 of 2009), The petitioners have sought a declaration that the Prevention of Food Adulteration (Eighth Amendment) Rules, 2005 [vide Notification No.GSR 670(E) dated 17.11.2005 of the Ministry of Health and Family Welfare, Government of India] is unconstitutional and invalid. ….. Restriction on sale of common salt ….. We therefore allow this writ petition in part and declare that Rule 44-I of the Prevention of Food Adulteration Rules, 1955 (inserted by Prevention of Food Adulteration (Eighth Amendment) Rules 2005) is beyond the rule- making power of the Central Government and ultra vires the Act subject to the continuation of the ban contained in Rule 44-I for a period of six months in terms of the previous paragraph.	2011 STPL(Web) 580 SC

Date	Topics	Case Titles	Citation
July 13/2011	'Post office - Scheme Discontinued - Account by ignorance - Interest'	Arulmighu Dhandayudhapaniswamy Thirukoil Vs. Director General of Post Offices, Department of Posts Civil Appeal No. 4995 of 2006 Respondent herein informing that the Scheme had been discontinued for investment by institutions from 01.04.1995, and therefore, all such accounts should be closed without interest. ….. Both the State and the National Commission have concluded that the 3rd Respondent was ignorant of any Notification and because of this ignorance the appellant did not get any interest for the substantial amount. We agree with the factual finding arrived at by the State and the National Commission and in view of the circumstances discussed above, the respondents cannot be fastened for deficiency in service in terms of law or contract and the present appeal is liable to be dismissed. ….. Before parting with this appeal, we intend to make the following suggestions to the Post Offices dealing with various accounts of deposits:	2011 STPL(Web) 601 SC

Date	Topics	Case Titles	Citation
July 19/2011	'Dishonor of Cheque - Cheque issued by Sister concern - Acquittal set aside'	Anil Sachar Vs. Shree Nath Spinners P.Ltd. Criminal Appeal Nos. 1413-1414 of 2011 (Arising out of S.L.P.(Crl.) Nos.1830-1831 of 2009) After considering the evidence adduced and the arguments made before the trial court, the trial court acquitted the accused for the reason that the goods had been supplied by the complainants to M/s. Shree Nath Spinners Pvt. Ltd. and the cheques had not been given by M/s. Shree Nath Spinners Pvt. Ltd. but they had been given by M/s. A.T. Overseas Ltd. ….. we find that the complainants had established before the trial court that there was an understanding among the complainants and the accused that in consideration of supply of goods to M/s. Shree Nath Spinners Pvt. Ltd., M/s. A.T. Overseas Ltd. was to make the payment. The aforestated understanding was on account of the fact that directors in both the aforestated companies were common and the aforestated companies were sister concerns. ….. The trial court materially erred while coming to a conclusion that in criminal law no presumption can be raised with regard to consideration as no goods had been supplied by the complainants to M/s. A.T. Overseas Ltd. ….. we are of the view that all the four cheques referred to in both the complaints are presumed to have been given for consideration. ….. Accused Munish Jain was acquitted by the trial court and the High Court has confirmed the acquittal, which is being set aside by this Court by allowing these appeals.	2011 STPL(Web) 619 SC

Date	Topics	Case Titles	Citation
July 21/2011	'Quashing of Complaint - Cruelty - Set aside'	A. Subash Babu Vs. State of A.P. Criminal Appeal No. 1428 of 2011 (Arising out of S.L.P. (Crl.) No. 6349 of 2010) In view of firm and clear law laid down on the subject, this Court is of the confirmed view that the High Court was not justified at all in quashing the proceedings initiated against the appellant under Section 498A of the Code on the ground that the respondent no. 2 was not wife within the meaning of Section 498A of the IPC and was not entitled to maintain complaint under the said provision. ….. It was argued by the learned Counsel for the appellant that quashing of proceedings with reference to offence punishable under Section 498A of Indian Penal Code is neither challenged by the State Government nor by the original complainant before this Court and the same having attained finality ….. Where there is manifest injustice, a duty is enjoined upon this Court to exercise its suo motu power by setting right the illegality in the judgment of the High Court as it is well settled that illegality should not be allowed to be perpetuated and failure by this Court to Reportable interfere with the same would amount to allow illegality to be perpetuated.	2011 STPL(Web) 627 SC

Date	Topics	Case Titles	Citation
August 08/2011	'Juvenile Justice'	Amit Singh Vs. State of Maharashtra Writ Petition (Criminal) No. 16 of 2010 We have already referred to the entry relating to the date of birth of the petitioner in the Birth Certificate (Annexure-P1), entry relating to his date of birth in the Transfer Certificate (Annexure-P2), date of birth recorded in the mark sheet issued by the Council for the Indian School Certificate Examinations. In all these documents, his date of birth has been recorded as 10.05.1982 and duly certified and authenticated by the authorities concerned. ….. Inasmuch as the date of birth of the petitioner is 10.05.1982 and on the date of the alleged incident which took place on 01.05.1999, his age was 16 years, 11 months and 21 days i.e. below 18 years, hence on the date of the incident, the petitioner was a juvenile in terms of the Act because he had not completed 18 years of age and is entitled to get the benefit of provisions under Sections 2(l), 7A, 20 and 64 of the Act.	2011 STPL(Web) 674 SC

Date	Topics	Case Titles	Citation
August 10/2011	'Trade Tax - old Mobil oil - High Court - Revisional Power'	Agarwal Oil Refinery Corporation, Kanpur Vs. Commissioner of Trade Tax, U.P., Lucknow Civil Appeal No. 2363 of 2007 with Special Leave Petition (Civil) No. 2148 of 2008 Following the said decision, the High Court held that burnt mobil oil purchased by the dealer, the appellant herein, is covered under the entry of "old, discarded and unserviceable store" being purchased from unregistered dealer and sold in the same condition. According to the High Court they are liable to be taxed as such under Section 3-AAAA of the Act during the years under consideration. ….. We remand the matter to the High Court and request the High Court to decide the revisions on the facts of the present case on the principle of revisional jurisdiction indicated hereinabove. We hope that the High Court will come to a reasoned conclusion in the facts and circumstances of the case.	2011 STPL(Web) 679 SC

Date	Topics	Case Titles	Citation
August 17/2011	'Murder - Conviction upheld'	Amitava Banerjee @ Amit @ Bappa Banerjee Vs. State of West Bengal Criminal Appeal No.1939 of 2008 There is nothing in the cross-examination of this witness that may warrant rejection of his testimony. The mere fact that the witness did not volunteer to go to the police to say that the two boys i.e. the appellant whom he described as a boy aged 18/19 years old and the deceased whom he described as a boy 10/11 years old, were seen by him together in the Sitaldihi jungle on 12th July, 1998, would not make the deposition of this witness suspect. ….. The criticism of the learned counsel against the conduct of the test identification parade is also without any merit. The fact that the suspect was kept in a room separate from the room in which the witness was made to sit before the T.I. parade proceedings were held is much too clear from the statement of the magistrate who conducted the T.I. parade to call for any adverse inference. ….. One reason for such fairness and objectivity could be the fact that the deceased and the appellant were both wards of police officials. There was, therefore, no room for favouring one over the other.	2011 STPL(Web) 704 SC

Date	Topics	Case Titles	Citation
August 25/2011	'Service Law - Appointment'	Alka Ojha Vs. Rajasthan Public Service Commission Special Leave Petition (C) No.24020 of 2011 (Arising out of CC No.13191 of 2011) with Special Leave Petition (C) Nos.24021-24023 of 2011 whether the qualifications prescribed in the Rajasthan Transport Subordinate Service Rules, 1963 (for short, "the Rules") for the post of Motor Vehicle Sub-Inspector are mandatory and whether the petitioners, who were appointed as Motor Vehicle Sub-Inspectors in compliance of the direction given by the learned Single Judge of the High Court are entitled to continue in service despite reversal of the order of the learned Single judge by the Division Bench. ….. Surely, learner's licence cannot entitle a person to claim that he holds an effective driving licence. Therefore, the mere fact that the petitioners possessed learner's licence on the date of application was not sufficient to make them eligible to compete for selection.	2011 STPL(Web) 727 SC

Date	Topics	Case Titles	Citation
August 30/2011	'Central Excise - Manufacture'	Air Liquide North India Pvt. Ltd. Vs. Commissioner, Central Excise Civil Appeal No. 43 of 2005 whether the treatment given or the process undertaken by the appellant to Helium gas purchased by it from the open market would amount to manufacture, rendering the goods liable to duty under Chapter Note 10 of Chapter 28 of the Central Excise Tariff Act, 1985 ….. It can be very well said that the Helium purchased by the appellant was in a marketable state but it is equally true that by giving different treatment and purifying the gas, the appellant was manufacturing a commercially different type of gas or a new type of commodity which would suit a particular purpose. Thus, the treatment given by the appellant to the gas sold by it would make a different commercial product and, therefore, it can surely be said that the appellant was engaged in a manufacturing activity.	2011 STPL(Web) 745 SC

Date	Topics	Case Titles	Citation
September 02/2011	'Precedent - Mere casual statement or observation'	Arun Kumar Aggarwal Vs. State of Madhya Pradesh Criminal Appeal Nos. 1706-1708 of 2011 (Arising out of S.L.P. (Crl.) Nos. 364-366 of 2010) it is well settled that obiter dictum is a mere observation or remark made by the court by way of aside while deciding the actual issue before it. The mere casual statement or observation which is not relevant, pertinent or essential to decide the issue in hand does not form the part of the judgment of the Court and have no authoritative value. The expression of the personal view or opinion of the Judge is just a casual remark made whilst deviating from answering the actual issues pending before the Court. These casual remarks are considered or treated as beyond the ambit of the authoritative or operative part of the judgment.	2011 STPL(Web) 762 SC

Date	Topics	Case Titles	Citation
September 02/2011	'Constitutionality of Act – Provision struck down'	A.P. Dairy Development Corporation Federation Vs. B. Narasimha Reddy Civil Appeal No. 2188 of 2008 With Civil Appeal Nos. 2189-2212 of 2008 And Civil Appeal No. 4588 of 2008 the question does arise as to whether legislature could force the society registered under the Act 1995 to work under the Act 1964. Importing the fiction to the extent that the societies registered under the Act 1995, could be deemed to have been registered under the Act 1964 tantamounts to forcing the members of the society to act under compulsion/direction of the State rather than on their free will. Such a provision is violative of the very first basic principles of cooperatives. More so, the Act is vitiated by non-application of mind and irrelevant and extraneous considerations.	2011 STPL(Web) 768 SC

Date	Topics	Case Titles	Citation
September 07/2011	'Service Law – Dismissal – Caste Certificate'	Arshad Jamil Vs. State of Uttarakhand Civil Appeal No. 7721 of 2011 [Arising out of SLP (C) No. 25203 of 2008] With Civil Appeal No. 7722 of 2011 [Arising out of SLP (C) No. 9209 of 2006] With Civil Appeal No. 7723 of 2011 [Arising out of SLP (C) No. 8617 of 2006] it was held that the defense taken in the replies by the appellant was baseless and that since he was neither a permanent resident of the State of Uttaranchal nor belonged to Other Backward Classes of State of Uttarakhand, his appointment to the post of Civil Judge [Junior Division] was terminated as per order dated 18.12.2004. ….. A caste certificate is a very important and substantial document and, therefore, while granting the same a proper inquiry is required to be made by the Tehsildar which appears to have been not done in the present case, and the Tehsildar issued the said caste certificate to the appellant in a perfunctory manner and therefore, the same was cancelled by a detailed order giving cogent and valid reasons thereof. ….. Consequently, we find no infirmity in the judgment and order dated 13.08.2008, in writ petition no. 408 of 2006 passed by the High Court, upholding the order of the Tehsildar canceling the caste certificate of the appellant.	2011 STPL(Web) 783 SC

Date	Topics	Case Titles	Citation
August 30/2011	'Service Law – Allotment of Accommodation'	Asha Sharma Vs. Chandigarh Administration Civil Appeal No.7524 of 2011 (Arising out of SLP (C) No.15714 of 2011) In this writ petition, the contention raised by the appellant was that she, in the capacity of an officer of the Administrative Service and later, on becoming the State Information Commissioner, was entitled to retain the accommodation previously allotted to her. It was contended that she was being evicted from the premises illegally, without authorization and in an illegal manner. ….. It is also contended on behalf of different parties that arbitrariness in allotment of houses still persists. ….. we direct the State to allot to her an alternative accommodation under the category which she is entitled to, in pursuance of her appointment as State Information Commissioner, within fifteen days from today and she shall be liable to vacate the accommodation presently in her occupation within two weeks thereafter.	2011 STPL(Web) 785 SC

Date	Topics	Case Titles	Citation
September 01/2011	'Murder – Divergence View – Referred to larger Bench'	Ajit Singh Vs. State of Punjab Criminal Appeal No. 2094 of 2008 I concur with the judgment of my learned sister to the extent that the appellant's conviction ought to be affirmed. I am, however, unable to accept that the case could be covered by Exception 4 to Section 300 in the facts which have been brought out in the course of the evidence. ….. In view of the divergence in views, the Registry is directed to place the matter before the Hon'ble Chief Justice of India for placing the matter before a larger Bench.	2011 STPL(Web) 786 SC

Date	Topics	Case Titles	Citation
September 07/2011	'Sales Tax'	Aluva Sugar Agency Vs. State of Kerala Civil Appeal No. 7731 of 2011 (Arising out of S.L.P.(C) No.7969 of 2008) The short question which arises for consideration in this appeal is whether sale of margarine is to be taxed at 8% or 4% under the provisions of Kerala General Sales Tax Act, 1963 ….. For the aforestated reasons, we are of the view that the conclusion arrived at by the Tribunal to the effect that margarine is an edible oil is correct and, therefore, the appellant is entitled to benefit of reduced rate of 4%.	2011 STPL(Web) 789 SC

Date	Topics	Case Titles	Citation
August 29/2011	'Interim order – No Interference'	Andhra Bank Vs. Versus N.V.Choudary Civil Appeal No. 7546 of 2011 (@ Special Leave Petition (C) No.32276 of 2010) The main matter is pending before the High Court. Admittedly, the Bank has been arrayed as party respondent before the High Court. The Bank is fully secured in this matter. ….. In this view of the matter, we are not inclined to interfere with the interim order.	2011 STPL(Web) 796 SC

Date	Topics	Case Titles	Citation
September 12/2011	'Land Acquisition – Compensation'	Ambya Kalya Mhatre (D) Through Legal Heirs Vs. State of Maharashtra Civil Appeal No...7784...... of 2011 [Arising out of SLP [C] No.20741 of 2009] We are afraid that the High Court has misread the said decision in regard of valuing the land and trees separately. If the land value had been determined with reference to the sale statistics or compensation awarded for a nearby vacant land, then necessarily, the trees will have to be valued separately. ….. In this case, the determination of market value was not with reference to the yield. Nor was the determination of market value in regard to the land with reference to the value of any orchard but was with reference to vacant agricultural land. In the circumstances, the value of the trees could be added to the value of the land. ….. We therefore allow this appeal, set aside the judgment dated 11.11.2008 of the High Court, and remand the matter to the High Court for consideration of the appeal on merits.	2011 STPL(Web) 806 SC

Date	Topics	Case Titles	Citation
September 13/2011	'Murder – Death Sentence Confirmed'	Ajitsingh Harnamsingh Vs. Gujral State of Maharashtra Criminal Appeal No. 1969 of 2009 In our opinion, a person like the appellant who instead of doing his duty of protecting his family kills them in such a cruel and barbaric manner cannot be reformed or rehabilitated. The balance sheet is heavily against him and accordingly we uphold the death sentence awarded to him. ….. In the present case the accused did not act on any spur of the moment provocation.	2011 STPL(Web) 809 SC

Date	Topics	Case Titles	Citation
September 13/2011	'MACT – Compensation – No fault liability'	A. Sridhar Vs. United India Insurance Co. Ltd. Civil Appeal No..7823 of 2011 (Arising out of SLP (C) No. 6617 of 2011) From the evidence on record, the Tribunal holds that the appellant, while driving the motor vehicle on the fateful day, met with an accident not because of the fault of the owner of the vehicle or because of the fault of the other vehicle, but because of the oil spill on the road. Therefore, the negligence can be attributable only on the person who was driving the vehicle and hence, is not entitled to compensation under the Insurance Policy. Therefore, the High Court was justified in invoking the beneficial legislation and in directing the Insurance Company to pay limited amount by way of compensation to the injured person of an accident arising out of the use of a motor cycle on the basis of "no fault liability," since the accident has arisen out of use of motor vehicle and has resulted in grievous injuries to the claimant.	2011 STPL(Web) 813 SC

Date	Topics	Case Titles	Citation
September 06/2011	'Quashing of Criminal Proceedings – Not quashed'	Ajay Kumar Das Vs. State of Jharkhand Criminal Appeal No. 1735 of 2011 Arising Out of S.L.P. (Crl.) No. 10005 of 2009 We are, however, of the considered opinion that on a reading of the First Information Report and the materials that are available in the case file of the appellant that no case is made out so as to quash the entire proceeding. Therefore, while rejecting the contention of the counsel appearing for the appellant so far quashing of the proceedings is concerned we give him the liberty to raise all his defence as may be available to him in accordance with law at the time of framing of the charge and at that stage the Court shall consider the material on record as also the contentions raised by the appellant in proper perspective and decide the matter in accordance with law. We also make it clear that any observation made by us herein would not be in any manner construed as our observations or views with regard to the merit of the case or the defence of the appellant.	2011 STPL(Web) 817 SC

Date	Topics	Case Titles	Citation
September 15/2011	'Land Acquisition – Challenge - Belated'	A.P. Industrial Infrastructure Corpn. Ltd. Vs. Chinthamaneni Narasimha Rao Civil Appeal Nos. 304-305 of 2005 The learned counsel appearing for the appellant mainly made two submissions: the first is with regard to the delay caused in filing the petition or initiation of litigation challenging the validity of the acquisition proceedings and the Second is with regard to delay caused in making the declaration under Section 6 of the Act. According to him the declaration was made within the period prescribed under Section 6 of the Act. ….. Looking to the facts of the present case and in the light of the law laid down by this Court, which has been referred to hereinabove, we firmly believe that the petition filed by the land owners was at a belated stage. For the said reason, we do not desire to interfere with the acquisition proceedings, which had been challenged after more than two years of declaration under Section 6 of the Act and on that ground alone we feel that appeals deserve to be allowed.	2011 STPL(Web) 822 SC

Date	Topics	Case Titles	Citation
September 15/2011	'Service Law – Removal – Specific Charges'	Anil Gilurker Vs. Bilaspur Raipur Kshetria Gramin Bank Civil Appeal Nos. 7864-7865 of 2011 (Arising out of S.L.P. (C) NOs.33088-33089 of 2010) the learned Single Judge held that when the charges levelled against the delinquent officer in the charge-sheet were vague and not specific and the entire enquiry is vitiated. The learned Single Judge quashed the orders of the disciplinary authority and the appellate authority and directed reinstatement of the appellant in service with continuity in service and without loss of seniority in the post to which he would be entitled to. ….. that an enquiry is to be conducted against any person giving strict adherence to the statutory provisions and principles of natural justice and the charges should be specific, definite and giving details of the incident which formed the basis of charges and no enquiry can be sustained on vague charges.	2011 STPL(Web) 824 SC

Date	Topics	Case Titles	Citation
September 15/2011	'Inam Land'	Arulmighu Lakshmi Narayanaswamy Temple, Rep. By Its Chairman, Vs. Nallammal Civil Appeal No.3537 of 2002 Once the lands are notified as minor Inam lands under Act No. 30 of 1963, the same is binding on the authorities constituted under the Act. Thereafter, they cannot go beyond the Act and decide the character of the lands, namely, whether the lands are minor Inam lands or not. With these factual details, we agree with the conclusion arrived at by the High Court,	2011 STPL(Web) 831 SC

Date	Topics	Case Titles	Citation
September 16/2011	'Contempt – Criminal – Conviction set aside'	Anup Bhushan Vohra Vs. Registrar General, High Court of Judicature At Calcutta Criminal Appeal No. 339 of 2007 With Criminal Appeal Nos. 340, 345, 346, 358, 362, 388, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399 and 400 of 2007 we are satisfied that in this suo motu proceeding, the High Court has not made out a case to punish all the appellants under "criminal contempt" in terms of Section 2 (c) read with Section 12 of the Act. We were informed that the appellant- Mukulesh Sanyal in Criminal Appeal No. 395 0f 2007 and appellant-Smt. Pratima Bagchi in Criminal Appeal No. 399 of 2007 have been reported dead. Thus these two appeals filed by them stand abated. The conviction and sentence on the other appellants are set aside and all of them are discharged from the charges leveled against them. All the appeals are allowed.	2011 STPL(Web) 832 SC

Date	Topics	Case Titles	Citation
September 23/2011	'Corruption – Conviction upheld'	A.B. Bhaskara Rao Vs. Inspector of Police, Cbi Visakhapatnam Criminal Appeal No. 650 of 2008 a trap was laid by the CBI officials along with panchas and when the accused demanded and accepted a sum of Rs.200/- as illegal gratification, he was caught red handed along with the money which was recovered from the right hand side pocket of his pant. ….. The High Court, by impugned judgment dated 03.10.2007 dismissed the appeal filed by the appellant- accused and confirmed the conviction passed by the trial Court. ….. we are in entire agreement with the conclusion arrived at by the trial Judge as affirmed by the High Court. Consequently, the appeal fails	2011 STPL(Web) 846 SC

Date	Topics	Case Titles	Citation
September 08/2011	'Appeal – Delay in hearing - Disposal in six Months'	Amlesh Singh Vs. Parmanand Singh Civil Appeal No.6769 of 2004 we deem it necessary to direct the High Court of Judicature at Patna to hear the First Appeal No.143 of 2001 pending before it and decide it on its own merits without being influenced by any order passed by any Court. ….. Since the appeal is pending before it for quite some time, we request the High Court to dispose of the First Appeal as expeditiously as possible, in any event, within six months from the date of communication of this order.	2011 STPL(Web) 849 SC

Date	Topics	Case Titles	Citation
September 30/2011	'Service Law - Examination - Chances'	Ashok Kumar Jain Vs. Rajasthan Public Service Commission Civil Appeal No. 8399 of 2011 [Arising out of SLP [C] No.27941 of 2008] On scrutiny of his application it was found that appellant had already availed four chances as an open market candidate in the examinations relating to the years 1983, 1987, 1989 and 1990 and he was not therefore entitled to appear for the fifth time ….. Therefore, the appearance of appellant in the examination for the year 1990 was as an open market candidate. If that is so, having exhausted all four chances as an open market, he could not appear in the examination for 1991 as an open market candidate. The appellant could not also be considered as an NGE candidate in regard to the examination for the year 1991, as by then he was working as a Tehsildar and was no longer a non-gazetted employee. Therefore, the appellant was not entitled to participate in the examination for the year 1991.	2011 STPL(Web) 861 SC

Date	Topics	Case Titles	Citation
September 16/2011	'Condonation of Delay - Allowed'	Abdul Ghafoor Vs. State of Bihar Criminal Appeal No. 1812 of 2011 (Arising out of SLP(Crl.) No.10358/2010) but the revision was filed after a delay of more than 15 months. The appellants sought condonation of delay in filing the revision taking plea that they were working in Delhi to earn their livelihood and it took them some time to go back to their home and take steps for filing the revision. The High Court did not accept the reason assigned by the appellants as a valid or sufficient reason for condoning the delay and, consequently, dismissed the revision, without going into the merits of the case, as barred by limitation. …. it is a well known fact that a large number of people come from Bihar to Delhi leaving their hearths and homes to earn a livelihood. A vast number of them work in unorganized sectors. Once caught in the vortex of earning the daily bread, all other important things in life such as marriage in the family, medical treatment and even defending oneself in a criminal proceeding are relegated to the background. We feel that the High Court dismissed the appellant's revision quite mechanically applying the bar of limitation and without giving any allowance to the circumstances of the appellants.	2011 STPL(Web) 878 SC

Date	Topics	Case Titles	Citation
October 18/2011	'Mining - Identity of Area'	Ashok Kumar Lingala Vs. State of Karnataka Civil Appeal No. 8819 of 2011 (Arising out of SLP (C) No.35213 of 2010) with Civil Appeal No. 8820 of 2011 (Arising out of SLP (C) No. 200 of 2011) that the question of identity of the area forming the subject matter of the mining leases granted to the appellant on the one hand and respondent M/s Sandur Manganese & Iron Ore Company Ltd. (`SIMORE' for short) on the other, shall be determined by the Civil Court in the suit pending before it on the basis of the evidence that the parties may choose to lead. ….. That does not mean that the process of identification and demarcation of the area leased to the appellant should not be undertaken by senior level officers of the State Government to ensure that there is no scope for any mischief or miscarriage of justice.	2011 STPL(Web) 918 SC

Date	Topics	Case Titles	Citation
September 28/2011	'Limitation - Article 113'	Antonio Lobo Vs. Felix Fernandes Civil Appeal No.190 of 2007 The substantive prayer in the suit is for demolition of the structures 'A', 'C', 'D' and 'E'. There is no article in the Limitation Act, 1963 that specifically provides for period of limitation for filing such suit. Article 65 of the Limitation Act, 1963 has no application at all as it provides for a period of limitation where the suit for possession of an immovable property or any interest therein based on title. Since there is no specific Article in the schedule pertaining to the substantive relief claimed in the suit, the residuary Article 113 comes into play. The plaint averments leave no manner of doubt that structure 'D' was constructed by the defendants in 1978; the structures 'C' and 'E' in October, 1983 while the suit for demolition of these structures ('C', 'D' and 'E') has been filed on April 13, 1989, which is apparently time barred.	2011 STPL(Web) 940 SC

Date	Topics	Case Titles	Citation
November 08/2011	'Special Court - Transactions in Securities - Sale of Shares'	Ashiwin S. Mehta Vs. Union of India Civil Appeal No. 4263 of 2003 By the impugned orders, the Special Court has permitted the Custodian to sell 54,88,850 shares of Apollo Tyres Ltd. (for short "Apollo"), respondent No. 3 in this appeal, at Rs.90/- per share. ….. we are of the opinion that in the present case the Special Court failed to comply with the principles of natural justice. As noted above, the Special Court rejected the prayer of the appellants to grant them 48 hours' time to secure a better offer. ….. However, since we have come to the conclusion that the Special Court has exercised its discretion in complete disregard to its own scheme and `terms and conditions' approved by it for sale of shares and above all that the impugned order was passed in violation of the principles of natural justice, we think that the facts in hand call for our interference, to correct the wrong committed by the Special Court.	2011 STPL(Web) 948 SC

Date	Topics	Case Titles	Citation
November 08/2011	'Special Court - Transactions in Securities - Sale of Shares'	Ashiwin S. Mehta Vs. Union of India Civil Appeal No. 4263 of 2003 By the impugned orders, the Special Court has permitted the Custodian to sell 54,88,850 shares of Apollo Tyres Ltd. (for short "Apollo"), respondent No. 3 in this appeal, at Rs.90/- per share. ….. we are of the opinion that in the present case the Special Court failed to comply with the principles of natural justice. As noted above, the Special Court rejected the prayer of the appellants to grant them 48 hours' time to secure a better offer. ….. However, since we have come to the conclusion that the Special Court has exercised its discretion in complete disregard to its own scheme and `terms and conditions' approved by it for sale of shares and above all that the impugned order was passed in violation of the principles of natural justice, we think that the facts in hand call for our interference, to correct the wrong committed by the Special Court.	2011 STPL(Web) 948 SC

Date	Topics	Case Titles	Citation
November 08/2011	'Caste Certificate'	Anand Vs. Committee For Scrutiny & Verification of Tribe Claims Civil Appeal No. 6340 of 2004 By the impugned judgment, the High Court has affirmed the order passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, (for short "the Caste Scrutiny Committee"), respondent No.1 in this appeal, cancelling the caste certificate dated 2nd January, 2002, issued to the appellant by the Sub- Divisional Magistrate, Pusad, District Yavatmal, certifying that the appellant belongs to the `Halbi' Scheduled tribe, notified in terms of the Constitution (Scheduled Tribes) Order, 1950. ….. we are of the opinion that the claim of the appellant has not been examined properly. We feel that the documentary evidence produced by the appellant in support of his claim had been lightly brushed aside by the Vigilance Officer as also by the Caste Scrutiny Committee. ….. the decisions of Caste Scrutiny Committee and the High Court are set aside and the case is remitted back to the Caste Scrutiny Committee for fresh consideration in accordance with the relevant rules and the aforesaid broad guidelines.	2011 STPL(Web) 949 SC

Date	Topics	Case Titles	Citation
November 08/2011	'Quashing of Complaint - Dishonor of cheque - Quashed'	Anita Malhotra Vs. Apparel Export Promotion Council Criminal Appeal No. 2033 of 2011 (Arising out of SLP (Crl.) No. 85 of 2011) In the light of the above discussion and of the fact that the appellant has established that she had resigned from the Company as a Director in 1998, well before the relevant date, namely, in the year 2004, when the cheques were issued, the High Court, in the light of the acceptable materials such as certified copy of annual return dated 30.09.1999 and Form 32 ought to have exercised its jurisdiction under Section 482 and quashed the criminal proceedings.	2011 STPL(Web) 951 SC

Date	Topics	Case Titles	Citation
November 03/2011	'Murder - Not converted to Culpable Homicide not amounted to murder'	Ashokkumar Magabhai Vankar Vs. State of Gujarat Criminal Appeal No.1340 of 2008 that the conviction and sentence awarded by the Trial Court under Section 302 of the Indian Penal Code (for short 'I.P.C.') requires to be converted into an offence under Section 304 Part II of I.P.C. ….. These aspects of the matter have been taken note of by both the Sessions Court as well as by the High Court to convict and sentence the accused person for an offence under Section 302 of the I.P.C. In our opinion, we do not see any error or legal infirmity in the findings and conclusions reached by both the Courts. Therefore, no interference in the said orders and judgments is called for.	2011 STPL(Web) 970 SC

Date	Topics	Case Titles	Citation
November 14/2011	'Criminal Procedure - Perjury etc'	Abdul Rehman Vs. K.M. Anees-Ul-Haq Criminal Appeal Nos.2090-2093 of 2011 (Arising out of SLP (Crl.) Nos.4161-4164 of 2008) whether the complaint filed by the respondent-complainant against the appellants, alleging commission of offences punishable under Sections 211, 500, 109, and 114 read with Section 34 of Indian Penal Code, 1860 was barred by the provisions of Section 195 of the Code of Criminal Procedure, 1973. ….. It would, in our opinion, be appropriate if the orders passed by the Metropolitan Magistrate and that passed by the High Court are set aside and the complaint filed by the respondent directed to be transferred to the Court dealing with the charge sheet filed against the respondent. The said court shall treat the complaint as an application for filing of a complaint under Section 211 of the IPC to be considered and disposed of at the final conclusion of the trial; having regard to the provisions of Section 340 of IPC and the finding regarding guilt or innocence of the respondent as the case may be recorded against him.	2011 STPL(Web) 984 SC

Date	Topics	Case Titles	Citation
November 17/2011	'Service Law - Promotion'	Air India Cabin Crew Assn. Vs. Union of India Civil Appeal Nos.9857-9861 of 2011 (Arising out of SLP(C) Nos.20668-20672 of 2007) with Civil Appeal Nos.9862-9865 of 2011 In our view, the Management of Air India was always entitled to alter its policies with regard to their workmen, subject to the consensus arrived at between the parties in supersession of all previous agreements. We are also unable to accept the further submission made on behalf of the appellants that those workmen who had been promoted to the Executive category would continue to be governed by the Settlements arrived at when they were workmen and were represented by the Association. In our view, once an employee is placed in the Executive cadre, he ceases to be a workman and also ceases to be governed by Settlements arrived at between the Management and the workmen through the concerned Trade Union.	2011 STPL(Web) 991 SC

Date	Topics	Case Titles	Citation
December 02/2011	'Quashing of Charges - Transfer of Case - Set aside'	Ashish Chadha Vs. Asha Kumari Criminal Appeal No. 893 of 2005 The manner in which the proceedings were conducted on behalf of respondent no. 1 leads us to conclude that respondent no. 1 wanted to delay the framing of charges. ….. We have no hesitation in observing that, in this case, there is no violation of Section 303 of the Code or Article 22 (1) of the Constitution of India. ….. The High Court, in our opinion, wrongly transferred the case as desired by respondent no.1. Apprehension expressed by respondent no.1 that she would not get a fair trial was baseless. ….. We must also note that the High Court has quashed the charge not only against respondent no.1 but also against all the accused when no such prayer was made. ….. We confirm the order framing charge dated 4.1.2005 passed by learned Special Judge, Chamba and direct him to proceed further in accordance with law.	2011 STPL(Web) 1024 SC

Date	Topics	Case Titles	Citation
December 05/2011	'Kidnapping for ransom - Conviction upheld - Sentence'	Akram Khan Vs. State of West Bengal Criminal Appeal No. 2248 of 2011 (Arising out of SLP (Crl.) No. 1321 of 2011) We have already pointed out the evidence of PW-3 that he had received 8 or 9 calls from the accused persons demanding ransom for release of his son and the evidence of PW-7, an employee of a public telephone booth, also corroborates with the evidence of PW-3 who deposed that the calls were made on several occasions by the appellant from the telephone booth and on 2 or 3 occasions along with the child. ….. It is clear from the above the concern of Parliament in dealing with cases relating to kidnapping for ransom, a crime which called for a deterrent punishment, irrespective of the fact that kidnapping had not resulted in death of the victim. Considering the alarming rise in kidnapping young children for ransom, the legislature in its wisdom provided for stringent sentence. Therefore, we are of the view that in those cases whoever kidnaps or abducts young children for ransom, no leniency be shown in awarding sentence	2011 STPL(Web) 1031 SC

Date	Topics	Case Titles	Citation
January 06/2012	'Consolidation of Holdings - Maintainability of Suit'	Achyutanand Choudhary (D) Through Lrs. Vs. Luxman Mahto Special Leave Petition (Civil ) No. 8225 of 2003 From the material on record, it is not clear as to what exactly is the nature of the objection raised by the defendants to the maintainability of the suit. Whether the objection of the defendants to the maintainability of the suit is either under (a) or (b) mentioned above and what are the relevant facts are pleaded in support of the objection. It is also not possible to ascertain from the record whether the objection of the defendants is with rspect to both the prayers of the suit (extracted earlier) or otherwise. On the other hand, it appears that the trial of the suit is in progress. Therefore, we are of the opinion the extraordinary jurisdiction of this Court under Article 136 ought not to be exercised to interdict the suit.	2012 STPL(Web) 8 SC

Date	Topics	Case Titles	Citation
January 06/2012	'Education - Recognition of institution'	Adarsh Shiksha Mahavidyalaya Vs. Subhash Rahangdale Civil Appeal No. 104 of 2012 (arising out of SLP (C) No.14020 of 2009) with Civil Appeal No. 105 of 2012 (arising out of SLP(C) No. 13801 of 2009) A large number of other private collages and institutions (198) which were desirous of starting teacher training courses. They pleaded that even though the applications filed by them for recognition were complete in all respects and they had already got `No Objection Certificates' from the State Government and affiliation from the examining bodies, the Western Regional Committee was not entertaining their applications because of the restriction imposed by the Central Government. All the writ petitions were dismissed by the Division Bench of the High Court ….. we hold that the impugned orders do not suffer from any legal infirmity warranting interference by this Court. ….. So far as these appeals are concerned, we deem it proper to give the following directions:	2012 STPL(Web) 15 SC

Date	Topics	Case Titles	Citation
January 12/2012	'Rash and negligent Driving - Seven Persons killed - Conviction upheld'	Alister Anthony Pareira Vs. State of Maharashtra Criminal Appeal Nos. 1318-1320 of 2007 a car ran into the pavement killing seven persons and causing injuries to eight persons. The appellant - Alister nthony Pareira - was at the wheels. He has been convicted by the High Court for the offences punishable under Sections 304 Part II, 338 and 337 of the Indian Penal Code, 1860 ….. We are satisfied that the facts and circumstances of the case do not justify benefit of probation to the appellant for good conduct or for any reduction of sentence. ….. The appeals are, accordingly, dismissed. Appellant's bail bonds are cancelled. He shall forthwith surrender for undergoing the remaining sentence as awarded by the High Court	2012 STPL(Web) 16 SC

Date	Topics	Case Titles	Citation
January 12/2012	'Investigation - Right to get complaint properly investigated'	Azija Begum Vs. State of Maharashtra Criminal Appeal No. 126 of 2012 Arising Out of Special Leave to Appeal (Crl) No(s). 3486 of 2011 The main grievances of the appellant are that even though the Magistrate was not satisfied with the way in which the investigation was proceeded and wanted further investigation to be conducted, but strangely handed over the investigation to the same police authorities about whose investigation the Magistrate was not satisfied. ….. we find that every citizen of this country has a right to get his or her complaint properly investigated. The legal framework of investigation provided under our laws cannot be made selectively available only to some persons and denied to others. ….. A fair and proper investigation is always conducive to the ends of justice and for establishing rule of law and maintaining proper balance in law and order. ….. we dispose of this appeal by directing the second respondent, the Additional Director General of Police, State CID, Pune Division, Pune, Maharashtra to order a proper investigation in the matter by deputing a senior officer from his organization to undertake a thorough	2012 STPL(Web) 27 SC

Date	Topics	Case Titles	Citation
January 17/2012	'Civil Procedure - Territorial Jurisdiction'	A.V.M. Sales Corporation Petitioner Vs. Anuradha Chemicals Pvt. Ltd. Special Leave Petition (C) No.10184 of 2008 We are, therefore, required to consider as to whether the cause of action for the Suit filed by the Respondent in Vijayawada arose within the jurisdiction of the Court of the Principal Senior Civil Judge at Vijayawada, exclusively, or whether such cause of action arose both in Vijayawada and also in Calcutta? ….. Having regard to the provisions referred to hereinabove, though the Courts at Vijayawada would also have jurisdiction, along with the Courts at Calcutta, to entertain and try a suit relating to and arising out of the Agreement dated 23rd December, 1988, and the Mutual Understanding dated 15th May, 1989, such jurisdiction of the Courts at Vijayawada would stand ousted by virtue of the exclusion clause in the Agreement. ….. The Trial Court at Vijayawada is directed to return the plaint of the Original Suit No.519 of 1991 to the Plaintiff to present the same before the appropriate Court in Calcutta having jurisdiction to try the suit.	2012 STPL(Web) 36 SC

Date	Topics	Case Titles	Citation
January 19/2012	'Arbitration - Limitation - Setting aside of award'	Assam Urban Water Supply & Sew. Board Vs. Subash Projects & Marketing Ltd. Civil Appeal No(s). 2014 of 2006 The District Judge, Kamrup, Guwahati, dismissed the appellants' applications under Section 34 of the 1996 Act on June 1, 2004 and June 5, 2004 on the ground of limitation. ….. The Division Bench of that Court upheld the view of the District Judge, Kamrup, Guwahati and dismissed the above Arbitration Appeals. ….. Seen thus, the applications made by the appellants on January 2, 2004, for setting aside the arbitral award dated August 26, 2003 were liable to be dismissed and have rightly been dismissed by the District Judge, Kamrup, Guwahati, as time barred.	2012 STPL(Web) 52 SC

Date	Topics	Case Titles	Citation
January 09/2012	'Sales Tax - Penalty - Owner of goods/Person in charge of goods'	Assistant Commercial Tax Officer Vs. Romesh Power Products P.Ltd. Civil Appeal No. 246 of 2012 (@ Special Leave Petition (C) No.7101 of 2010) It is the owner who is entitled to hearing under Section 78(5) and, therefore, the expression "person in charge of the goods" under Section 78(5) would include the owner. Moreover, under Section 78(2) the words used are "person in charge of a vehicle or carrier of goods in movement" whereas the words in Section 78(5) which comes after sub-section (4) refer to "person in charge of the goods". The words "in movement" do not find place in Section 78(5) and therefore, the expression "person in charge of goods" under Section 78(5) was wider than the expression "person in charge of goods in movement" under Section 78(2)(a). Consequently, the expression "person in charge of the goods" under Section 78(5) who is given an opportunity of being heard in the enquiry would include the "owner of the goods". ….. In view of the conclusions reached by this Court in the above case, the High Court was not justified in observing that since the penalty has been levied only against the owner of the vehicle and not against the person in-charge of the vehicle and, therefore, the judgment of the High Court cannot be sustained.	2012 STPL(Web) 59 SC

Date	Topics	Case Titles	Citation
January 16/2012	'Ancient Monument - Construction - Distance'	Archaeological Survey of India Vs. Narender Anand Civil Appeal No. 2430 of 2006 with Civil Appeal No. 2431 of 2006 With the insertion of Section 20A it has been made clear that every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred meters in all directions shall be the prohibited area in respect of such protected area or protected monument. ….. The High Court's interpretation of the prohibition contained in notification dated 16.6.1992 is correct and the distance of 100 meters has to be counted from the outer boundary wall of Jantar Mantar which has protected area of 5.39 acres and not the physical structures of the observatory. The High Court has given detailed reasons for rejecting the plea of respondent Nos.1 and 2 that the provisions of the DDA Act would prevail over those contained in the 1958 Act and we entirely agree with it.	2012 STPL(Web) 63 SC

Date	Topics	Case Titles	Citation
January 27/2012	'Service Law - Caste Certificate invalidated - Service in open Category'	Asif Vs. State of Maharashtra Civil Appeal No.1094 of 2012 [arising out of SLP (C) No. 23840 of 2007] The High Court accepted the contention of the learned Additional Government Pleader and dismissed the Writ Petition without considering the Resolution dated 27.06.2006 of the Standing Committee and the Resolution dated 08.09.2006 of the Municipal Council by which the appellant was treated as a candidate in the open category and also the Government Resolution dated 07.12.2001 based on which the said Resolutions were passed. Therefore, we are of the view that the High Court failed to properly consider the claims and contentions of the appellant and the impugned judgment is vitiated by non-application of mind and hence liable to be set aside. ….. remand the matter back to the High Court with a request to consider the matter afresh and pass appropriate orders in the writ petition in accordance with law as early as possible.	2012 STPL(Web) 65 SC

Date	Topics	Case Titles	Citation
January 27/2012	'MACT - Award - Investment/ Disbursement - Guidelines clarified'	A.V. Padma Vs. R. Venugopal Civil Appeal No. 1095 of 2012 [arising out of SLP (C) No. 22521 of 2008] It needs to be clarified that the above guidelines were issued by this Court only to safeguard the interests of the claimants, particularly the minors, illiterates and others whose amounts are sought to be withdrawn on some fictitious grounds. The guidelines were not to be understood to mean that the Tribunals were to take a rigid stand while considering an application seeking release of the money. ….. The Tribunals appear to think that in view of the guidelines issued by this Court, in every case the amount of compensation should be invested in long term fixed deposit and under no circumstances the Tribunal can release the entire amount of compensation to the claimant even if it is required by him. Hence a change of attitude and approach on the part of the Tribunals is necessary in the interest of justice.	2012 STPL(Web) 66 SC

Date	Topics	Case Titles	Citation
January 27/2012	'Service Law - Appointment - More than Vacancies advertised'	Arup Das Vs. State of Assam Special Leave Petition (Civil) No. of 2012 (CC 27 of 2012) whether appointments can be made in Government service beyond the number of vacancies advertised. ….. It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised. The principle behind the said decision is that if that was allowed to be done, such action would be entirely arbitrary and violative of Articles 14 and 16 of the Constitution, since other candidates who had chosen not to apply for the vacant posts which were being sought to be filled, could have also applied if they had known that the other vacancies would also be under consideration for being filled up.	2012 STPL(Web) 83 SC

Date	Topics	Case Titles	Citation
February 07/2012	'Death Sentence - Converted to Life imprisonment'	Absar Alam @ Afsar Alam Vs. State of Bihar Criminal Appeal No. 1436 of 2010 the appellant had been accusing his mother to have been the cause of his wife running away from this house and out of anger and excitement the appellant severed the neck of his mother and fled with the head. The appellant was an illiterate rustic and was a cultivator residing in a village with virtually no control over his emotions and has over-reacted impulsively to the situation and has severed the neck of his mother. On these facts, the appellant is no doubt guilty of the offence under Section 302, IPC, and has to suffer the punishment of imprisonment for life normally awarded for the offence, but should not be condemned to death. ….. we convert the sentence of death to one of life imprisonment for the offence under Section 302, IPC, committed by the appellant and allow the appeal in part.	2012 STPL(Web) 95 SC

Date	Topics	Case Titles	Citation
February 08/2012	'Income Tax - Deduction - Section 80HHC'	Acg Associated Capsules Pvt. Ltd. Vs. Commissioner of Income Tax Civil Appeal No. 1914 of 2012 (Arising out of SLP (C) No. 32450 of 2010) with Civil Appeal No. 4534 of 2008 For the assessment year 2003-04, the assessee filed a return of income claiming a deduction of Rs.34,44,24,827/- under Section 80HHC of the Act. The Assessing Officer passed the assessment order deducting ninety per cent of the gross interest and gross rent received from the profits of business while computing the deduction under Section 80HHC and accordingly restricted the deduction under Section 80HHC to Rs.2,36,25,053/-. ….. when the language of Explanation (baa) to Section 80HHC was clear that only ninety per cent of receipts by way of brokerage, commission, interest, rent, charges or any other receipt of a similar nature included in such profits computed under the head profits and gains of business of an assessee could be deducted under clause (1) of Explanation (baa) and not ninety per cent of the quantum of any of the aforesaid receipts which are allowed as expenses and therefore not included in the profits of business of the assessee. ….. and remand the matter to the Assessing Officer to work out the deductions from rent and interest in accordance with this judgment.	2012 STPL(Web) 99 SC

Date	Topics	Case Titles	Citation
February 07/2012	'Service Law - Compassionate Appointment'	Ashok Kumar Vs. District Magistrate Civil Appeal Nos. 1651-1652 of 2012 (@ Special Leave Petition (C) Nos. 20834-20835 of 2007) It is not disputed and further it cannot be disputed that the appellant's father had not questioned the action of the respondents in retiring the appellant's father from service on attaining the age of 58 years. It also appear that the appellant's father had expired after he retired from service, on attaining the age of superannuation. If that be the case, then it can be safely said that the appellant's father did not die in harness but died only after retiring from service, after attaining the age of superannuation. In that view of the matter, the appellant cannot claim the benefit of the appointment on compassionate grounds.	2012 STPL(Web) 116 SC

Date	Topics	Case Titles	Citation
February 15/2012	'Murder - Not converted to Section 304 Part-II of IPC.'	Aradadi Ramudu @ Aggiramudu Vs. State Criminal Appeal No. 404 of 2012 (@ Special Leave Petition (Crl.) No.8012 of 2010) this Court has held that for modification of sentence from Section 302 to Section 304 Part II, not only should there be an absence of the intention to cause death, but also an absence of intention to cause such bodily injury that in the ordinary course of things was likely to cause death. ….. In our view, the evidence on record is more than sufficient to indicate that the accused had the intention to cause such injury on the body of the deceased that would be in all likelihood cause her death in the natural course of things, fulfilling the conditions imposed by Section 300 of IPC for punishment under Section 302.	2012 STPL(Web) 127 SC

Date	Topics	Case Titles	Citation
February 23/2012	'Rape and Murder - Death Sentence converted to Life imprisonment'	Amit Vs. State of Uttar Pradesh Criminal Appeal No. 1905 of 2011 we find that when the appellant committed the offence he was a young person aged about 28 years only. There is no evidence to show that he had committed the offences of kidnapping, rape or murder on any earlier occasion. There is nothing on evidence to suggest that he is likely to repeat similar crimes in future. On the other hand, given a chance he may reform over a period of years. Hence, following the judgment of the three-Judge Bench in Rameshbhai Chandubhai Rathod (2) v. State of Gujarat (supra), we convert the death sentence awarded to the appellant to imprisonment for life and direct that the life sentence of the appellant will extend to his full life subject to any remission or commutation at the instance of the Government for good and sufficient reasons.	2012 STPL(Web) 131 SC

Date	Topics	Case Titles	Citation
February 29/2012	'Service Law - Pension - Divergence of opinion - Chief Justice for reference to appropriate bench'	Accountant General, M.P. Vs. S.K. Dubey Civil Appeal No. 5322 of 2005 whether the first respondent who functioned as the President of the Consumer Disputes Redressal Commission, in Madhya Pradesh ("State Commission" for short) for a period of about 4 years and 11 months, after his retirement as a High Court Judge, was entitled to receive pension for this subsequent period in the absence of any specific provision therefor in the rules framed under the Consumer Protection Act, 1986 ("The Act" for short). The ancillary question is as to whether the second respondent i.e. State of Madhya Pradesh could grant pension for this period by issuing an executive order.	2012 STPL(Web) 151 SC

Date	Topics	Case Titles	Citation
March 14/2012	'Quashing of complaint - Cheating etc - Non Compoundable offence - Not quashed'	Ashok Sadarangani Vs. Union of India Writ Petition (Crl.) No.26 of 2011 whether an offence which is not compoundable under the provisions of the Criminal Procedure Code, 1973, hereinafter referred to as the "Cr.P.C.", can be quashed in the facts and circumstances of the case. ….. in the instant case, the allegation is that as part of a larger conspiracy, property acquired on lease from a person who had no title to the leased properties, was offered as collateral security for loans obtained. Apart from the above, the actual owner of the property has filed a criminal complaint against Shri Kersi V. Mehta who had held himself out as the Attorney of the owner and his family members. ….. we are not inclined to grant the reliefs prayed for in the writ petition and the same is accordingly dismissed.	2012 STPL(Web) 169 SC

Date	Topics	Case Titles	Citation
February 10/2012	'Cost by High Court - Set aside'	A.P. Loka Yuktha And Upa Loka Yuktha Vs. Kolli Pentam Naidu Civil Appeal No. 2020 of 2012 (Arising out of SLP(C) No.34969/2009) In the facts and circumstances of this case, we are of the considered view that the High Court was not justified in imposing the costs on the appellants. ….. To that extent the impugned judgment passed by the High Court is set aside	2012 STPL(Web) 226 SC

Date	Topics	Case Titles	Citation
April 27/2012	'Dishonor of Cheque - No Prosecution of Director etc, if company not arraigned as accused'	Aneeta Hada Vs. Godfather Travels & Tours Pvt. Ltd. Criminal Appeal No. 838 of 2008 with Criminal Appeal No. 842 of 2008, Criminal Appeal No. 1483 of 2009 and Criminal Appeal No. 1484 of 2009 whether an authorised signatory of a company would be liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for brevity ‘the Act’) without the company being arraigned as an accused. ….. Thus, the words “as well as the company” appearing in the Section make it absolutely unmistakably clear that when the company can be prosecuted, then only the persons mentioned in the other categories could be vicariously liable for the offence subject to the averments in the petition and proof thereof. ….. we arrive at the irresistible conclusion that for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. ….. the director could not have been held liable for the offence under Section 85 of the 2000 Act. Resultantly, the Criminal Appeal No. 1483 of 2009 is allowed and the proceeding against the appellant is quashed. As far as the company is concerned, it was not arraigned as an accused.	2012 STPL(Web) 253 SC

Date	Topics	Case Titles	Citation
April 27/2012	'Frivolous Litigation - Several Directions Issued (B) Possession by Servant etc - No interest acquired in property (B) Possession by Servant etc - No interest acquired in property (B) Possession by Servant etc - No interest acquired in property'	A. Shanmugam Vs. Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam Civil Appeal Nos. 4012-4013 of 2012 (Arising Out of S.L.P.(C) Nos. 14163-14164 of 2012 and arising Out of CC Nos. 21115-21116 of 2011) It is reiterated that the appellant’s father was engaged as a Watchman on a monthly salary and in that capacity he was allowed to stay in the suit premises and after his death his son (the appellant herein) continued to serve the respondent-Society as a Watchman and was allowed to live in the premises. The property is admittedly owned by the respondent- Society. ….. The appellant has also failed to prove the adverse possession of the suit property. Only by obtaining the ration card and the house tax receipts, the appellant cannot strengthen his claim of adverse possession. ….. Watchman, caretaker or a servant employed to look after the property can never acquire interest in the property irrespective of his long possession. The watchman, caretaker or a servant is under an obligation to hand over the possession forthwith on demand. According to the principles of justice, equity and good conscience, Courts are not justified in protecting the possession of a watchman, caretaker or servant who was only allowed to live into the premises to look after the same.	2012 STPL(Web) 254 SC

Date	Topics	Case Titles	Citation
April 27/2012	'Motor Vehicles - Window glass visibility - Ban on black films on windows'	Avishek Goenka Vs. Union of India Writ Petition (Civil) No. 265 of 2011 According to the petitioner, this Court should issue a writ or direction requiring use of such safety glasses on the windows/windshields in vehicles having 100 per cent Visual Light Transmission (for short ‘VLT’) only and, to that extent, the petitioner challenges the correctness of Rule 100 of the Motor Vehicles Rules, 1989 ….. Rule 100 (2) provides that the glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that VLT is not less than 70 per cent and on side windows not less than 50 per cent and would conform to Indian Standards [IS:2553-Part2-1992] ….. In face of the language of the Rule, we cannot grant the petitioner the relief prayed for, that there should be 100 per cent VLT. This Court cannot issue directions that vehicles should have glasses with 100 per cent VLT. Rule 100 of the Rules is a valid piece of legislation and is on the statute book. Once such provision exists, this Court cannot issue directions contrary to the provision of law. Thus, we decline to grant this prayer to the petitioner. ….. However, the prayer relating to issuance of directions prohibiting use of black films on the glasses of vehicles certainly has merit. ….. we prohibit the use of black films of any VLT percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country.	2012 STPL(Web) 255 SC

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April 27/2012	'Mobile Phones - Subscribers verification - Directions issued'	Avishek Goenka Vs. Union of India Writ Petition (Civil) No. 285 of 2010 In this Public Interest Litigation, the petitioner has attempted to highlight the grave issue of non-observance of norms/regulations/guidelines related to proper and effective subscriber verification by various service providers. In fact, according to the petitioner, there is rampant flouting of norms/regulations/guidelines relating to this subject matter and there is no proper verification of the subscribers prior to selling of the pre-paid mobile connections to them. ….. In view of our above discussion, we partially allow the writ petition. The instructions dated 14th March, 2011 issued by DoT be and hereby are accepted by the Court subject to the following conditions:	2012 STPL(Web) 256 SC

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May 03/2012	'Murder - Offence converted to Section 304 Part 1 IPC'	Arjun Vs. State of Maharashtra Criminal Appeal No. 356 of 2007 The evidence of PWs 1, 8, 10 and 11 with regard to the assault, of the appellant on the deceased, has been fully corroborated by the medical evidence as well as evidence of independent witnesses. ….. The deceased was unarmed so also his wife and the son. At the same time, the accused was armed with a knife. No explanation is forthcoming either in his statement u/s 313 Cr.P.C. or otherwise as to why he was having a knife (sura) in his hand at the time of the incident. There is no evidence to show that the deceased, his wife (PW 8) or his son (PW 1) had ever attacked the accused. ….. the fact that there was no premeditation and the act was committed in a heat of passion and that the appellant had not taken any undue advantage or acted in a cruel manner and that there was a fight between the parties, we are of the view that this case falls under the fourth exception to Section 300 IPC and hence it is just and proper to alter the conviction from Section 302 IPC to Section 304 Part 1 IPC and we do so.	2012 STPL(Web) 272 SC

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May 10/2012	'Murder - Offence converted to culpable homicide'	Abdul Nawaz Vs. State of West Bengal Criminal Appeal No. 801 of 2012 (Arising out S.L.P. (Crl.) No.10394 of 2010) Even so exception 4 to Section 300 of the IPC would come to the rescue of appellant inasmuch as the act of the appellant even when tantamount to commission of culpable homicide will not amount to murder as the same was committed without any pre-meditation and in a sudden fight, in the heat of passion, in the course of a sudden quarrel without the offender taking undue advantage or acting in a cruel or unusual manner. The prosecution evidence sufficiently suggests that a scuffle had indeed taken place on the dinghy where the appellant and his companions were trying to recover the dinghy while the deceased was preventing them from doing so. In the course of this sudden fight and in the heat of passion the appellant assaulted the deceased and pushed him into the sea eventually resulting in his death. The act of the appellant is more appropriately punishable under Section 304 (I) of the IPC instead of Section 302 of the Code invoked by the Courts below. The appeal must to that extent succeed.	2012 STPL(Web) 290 SC

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May 10/2012	'Environment - Release of Genetically Modified Organisms in Environment'	Aruna Rodrigues Vs. Union Of India Writ Petition (Civil) No.260 of 2005 with Writ Petition (Civil) No. 115 of 2004 And Contempt Petition (Civil) No. 295 of 2007 The petitioners, who claim to be public spirited individuals possessing requisite expertise and with the access to information, stated that a grave and hazardous situation, raising bio safety concerns, is developing in our country due to release of Genetically Modified Organisms (for short ‘GMOs’). The GMOs are allowed to be released in the environment without proper scientific examination of bio safety concerns and affecting both the environment and human health. ….. that the intent and substance of the petition is to put in place a protocol that shall maintain scientific examination of all relevant aspects of bio safety before such release, if release were to be at all permissible. ….. The Committee may hear the Government, petitioners and any other intervenor in this petition, who, in the opinion of the Committee, shall help the cause of expeditious and accurate finalization of its report.	2012 STPL(Web) 294 SC

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May 10/2012	'Murder - Conviction upheld'	Atmaram Vs. State of Madhya Pradesh Criminal Appeal No. 2003 of 2008 The cumulative effect of all the injuries was obviously known to each of the accused, i.e., all the injuries inflicted were bound to result in the death of the deceased which, in fact, they intended. Furthermore, the doctor, PW14, had opined that the deceased had died because of multiple injuries and fracture on the vital organs, due to shock and haemorrhage. In other words, even as per the medical evidence, the injuries were caused on the vital parts of the body of the deceased.	2012 STPL(Web) 295 SC

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May 08/2012	'MRTP - Recalling of order'	A.B.N.A. Vs. Managing Director, M/S. U.P.S.I.D.C. Limited Special Leave Petition (C) Nos. 16116-16117 of 2010 MRTP Commission allowed the Review Application and recalled the order dated 13.09.2007 insofar as it directed the respondents to handover possession of the plot to the petitioners. ….. submitted that the order dated 13.09.2007 of the MRTP Commission directing the respondents to handover physical possession of the allotted plot to the petitioners was a consent order as it was passed on the consent of the two advocates appearing for the respondents ….. the order dated 13.09.2007 of the MRTP Commission on its plain reading was only an interim order and the MRTP Commission could modify or revoke the interim order directing the respondents to handover physical possession of the plot to the petitioners if it thought that such a direction could only be considered at the time of finally deciding the complaint. We therefore do not find any infirmity in the order dated 04.03.2009 of the MRTP Commission recalling the direction to handover physical possession of the allotted plot to the petitioner saying that this direction can be considered at the stage of final adjudication of the complaint.	2012 STPL(Web) 302 SC

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May 08/2012	'Arbitration - Appointment of arbitrator'	AL Jazeera Steel Products Company Saog Vs. Mid India Power & Steel Ltd. Arbitration Petition No.6 of 2009 In my opinion, the aforesaid facts and circumstances are sufficient to show that the bonafide disputes have arisen between the parties, which are within the scope and ambit of the arbitration clause and need to be resolved through arbitration. ….. I hereby appoint Hon. Mr. Justice S.N. Variava, Former Judge of this Court, as the Sole Arbitrator to adjudicate upon all the disputes and differences that have arisen between the parties, on such terms and conditions as the learned Sole Arbitrator deems fit and proper.	2012 STPL(Web) 307 SC

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June 11/2012	'Arbitration - Death of named arbitrator'	Acc Limited (Formerly Known As The Associated Cement Co. Ltd) Vs. Global Cements Ltd. Special Leave Petition (C) No. 17689 of 2012 whether on the death of a named arbitrator, the arbitration agreement survives or not. ….. The question may also arise in a given case that the named arbitrators may refuse to arbitrate disputes, in such a situation also, it is possible for the parties to appoint a substitute arbitrator unless the clause provides to the contrary. Objection can be raised by the parties only if there is a clear prohibition or debarment in resolving the question or dispute or difference between the parties in case of death of the named arbitrator or their non-availability, by a substitute arbitrator. ….. We are of the view clause 21 does not prohibit or debar the parties in appointing a substitute arbitrator in place of the named arbitrators and, in the absence of any prohibition or debarment, parties can persuade the court for appointment of an arbitrator under clause 21 of the agreement.	2012 STPL(Web) 327 SC

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July 03/2012	'Court Fees – Failure to pay within time limit'	A. Nawab John Vs. V.N. Subramaniyam Civil Appeal Nos. 4838-4840 of 2012 [Arising out of SLP (Civil) Nos.20349-20351 of 2007] The plaint was presented on 20-08-1998 with deficit court- fee. Only an amount of Rs.2,000/- was paid. The plaint was returned by the Court on 24-08-1998 with various objections including the deficiency in the court- fee. The plaintiffs represented (1st representation) the plaint after a long delay on 03-05-2002 along with a court-fee of Rs.96,000/-, with an Application to condone the delay in representation. On 03-06-2002, the plaint was again returned, inter alia, on the ground that there still was a deficit of the court-fee. Eventually, the plaint was represented on 22-01- 2004 (2nd representation) remitting a further amount of Rs.2,875/- court-fee along with Applications to condone the delay in representation, etc. ….. if the plaintiff fails to pay the necessary court fee even after being called upon by the trial Court – necessarily meaning that no adjudication on the merits of the case can be made.	2012 STPL(Web) 344 SC