• Land Acquisition: We have a scenario where, on the one hand, invocation of urgency provisions under Section 17 of the Act and dispensing with the right to file objection under Section 5A of the Act, is found to be illegal. On the other hand, we have a situation where because of delay in challenging these acquisitions by the land owners, developments have taken in these villages and in most of the cases, third party rights have been created. High Court considered the ground realities of the matter and arrived at a more practical and workable solution by adequately compensating the land owners in the form of compensation as well as allotment of developed Abadi land at a higher rate i.e. 10% of the land acquired of each of the land owners against the eligibility and to the policy to the extent of 5% and 6% of Noida and Greater Noida land respectively. - 2015 STPL(Web) 422 SC
  • MACT - The multiplier, in the case of the age of the deceased between 26 to 30 years is 17. - 2015 STPL(Web) 421 SC
  • The first version regarding the incident was totally obliterated by the Investigating Officer and Exb. P-1 recorded in its place. It is difficult to appreciate how PW-19 could have destroyed the original complaint given to him by Hanumantha PW-1. This implies that the earliest version about the incident was destroyed by PW-19 and a new story stated in the fardbeyan was tailored to suit the prosecution version. This has the effect of completely demolishing the prosecution case and rendering its version wholly unacceptable. - 2015 STPL(Web) 420 SC
  • Income Tax: Depreciation - Since unabsorbed carried forward depreciation had become part of the current depreciation, the entire depreciation had to be given preference (current as well as unabsorbed carried forward depreciation) over unabsorbed carried forward losses. - 2015 STPL(Web) 419 SC
  • Death Sentence: The aggravating circumstances indicate the extreme brutal, calculated and diabolical nature of the crime, which suggests that there is little likelihood of reform of these accused and of their abstaining from future crime. Death sentence confirmed. - 2015 STPL(Web) 418 SC
  • Service Law: Regularization - No impediment in directing regularization of the service of the appellant on the analogy of his juniors with effect from the date his juniors were regularized and for the release of all retiral benefits in his favour on that basis by treating him to be in continuous service till the date of his superannuation. - 2015 STPL(Web) 417 SC
  • Murder or Culpable Homicide - The injuries upon the deceased were inflicted in the heat of passion and without the appellant taking any undue advantage or acting in a cruel or unusual manner. The fact situation of the case, therefore, attracts Exception 4 especially when in terms of explanation to Exception 4, it is immaterial in such cases which party offers the provocation or commits the first assault. That being so, the offence committed by the author of the injury is not murder but culpable homicide not amounting to murder punishable under Section 304 of the IPC. - 2015 STPL(Web) 416 SC
  • Registration as Contractor: District Magistrate took upon himself the duty of examining whether the appellant was suitable for registration, he went beyond the legitimate sphere of the jurisdiction vested in him which was limited to considering the request for issuance of a character certificate. - 2015 STPL(Web) 415 SC
  • Condonation of Delay: Condition - Trial court has exercised the discretion to condone the delay in filing the applications to set aside the ex-parte decrees, in our view, the trial court should not have imposed such an unreasonable and onerous condition of depositing the entire suit claim of Rs.1,50,00,000/- and Rs.10,00,000/- respectively in the suits when the issues are yet to be decided on merits. - 2015 STPL(Web) 414 SC
  • Sentence reduced: The incident had taken place about nineteen years ago and for all these years the appellant has undergone the agony of criminal proceedings. Keeping in view the passage of time and that the appellant is now aged seventy four years, in our view, while upholding the conviction of the appellant, interest of justice would be met by reducing the sentence of rigorous imprisonment of four years to one year rigorous imprisonment. - 2015 STPL(Web) 413 SC
  • Service Law: Compassionate Appointment - As on date, now the scheme in force is to provide compassionate appointment. Under these circumstances, the appellant- bank is not justified in contending that the application for compassionate appointment of the respondent cannot be considered in view of passage of time. - 2015 STPL(Web) 412 SC
  • Criminal Law: Suspicion however strong it may be, cannot take the place of proof. - 2015 STPL(Web) 411 SC
  • Common Intention: Direct evidence of common intention is seldom available. Such common intention of the accused can only be inferred from the evidence and circumstances appearing from proved facts of case. - 2015 STPL(Web) 411 SC
  • Income Tax – Deduction - An assessee cannot be called upon to comply with the said condition when it was not in contemplation either of the assessee or even the Legislature. - 2015 STPL(Web) 410 SC
  • Service Law: Relevant documents on the basis of which findings were recorded were not made available to the respondent - Punishment cannot be sustained in law - 2015 STPL(Web) 409 SC
  • Defamation – Plea that the initiation and continuance of the criminal proceedings in the present cases hinder and hamper the very freedom of press has been rightly rebutted on behalf of the respondents by strongly urging that the reputation of an individual is also equally important - 2015 STPL(Web) 408 SC
  • It was completely inappropriate for CBI Director Mr. Ranjit Sinha to have met persons accused in the Coal Block Allocation case without the investigating officer being present or without the investigating team being present - 2015 STPL(Web) 406 SC
  • When the name of Mahatma Gandhi is alluded or used as a symbol, speaking or using obscene words, the concept of “degree” comes in. To elaborate, the “contemporary community standards test” becomes applicable with more vigour, in a greater degree and in an accentuated manner. - 2015 STPL(Web) 405 SC
  • It is the Government of India’s duty to satisfy the obligations flowing from the Constitution and the laws of the land in preference to obligations flowing from a contract -Where there is a conflict between obligations flowing from a contract and those flowing from the law, the obligations flowing from the contract must necessarily yield to obligations flowing from the Constitution and laws. - 2015 STPL(Web) 404 SC
  • Rules of procedure are intended to be a handmaid to the administration of justice - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure - 2015 STPL(Web) 403 SC
  • Principles of Natural Justice – Opportunity of Hearing – Held that the opportunity to provide hearing before making any decision was considered to be a basic requirement in the Court proceeding - Later on, this principle was applied to other quasi-judicial authorities and other tribunals and ultimately it is now clearly laid down that even in the administrative actions, where the decision of the authority may result in civil consequences, a hearing before taking a decision is necessary. - 2015 STPL(Web) 402 SC
  • Writ Jurisdiction – Contractual Matters – In pure contractual matters extraordinary remedy of writ under Article 226 or Article 32 of the Constitution cannot be invoked - However, in a limited sphere such remedies are available only when the non-Government contracting party is able to demonstrate that it is a public law remedy which such party seeks to invoke, in contradistinction to the private law remedy simplicitor under the contract. - 2015 STPL(Web) 401 SC
  • Customs: Samples being drawn not in accordance with law, test reports based on the same cannot be looked at - 2015 STPL(Web) 400 SC
  • Government Advertisements : We are, therefore, of the view that in departure to the views of the Committee which recommended permissibility of publication of the photographs of the President and Prime Minister of the country and Governor or Chief Minister of the State alongwith the advertisements, there should be an exception only in the case of the President, Prime Minister and Chief Justice of the country who may themselves decide the question. Advertisements issued to commemorate the anniversaries of acknowledged personalities like the father of the nation would of course carry the photograph of the departed leader. - 2015 STPL(Web) 399 SC
  • Income Tax: Search warrant - Findings of the High Court with regard to the satisfaction recorded by the authorities appear to be in the nature of an appellate exercise touching upon the sufficiency and adequacy of the reasons and the authenticity and acceptability of the information on which satisfaction had been reached by the authorities - Such an exercise is alien to the jurisdiction under Article 226 of the Constitution - Order of the High Court liable to be set aside - 2015 STPL(Web) 398 SC
  • Arbitration: It is clear that disputes and differences have arisen between the parties with regard to the entitlement of the petitioner to receive the amount of bills raised by it. Clause D12 of the Supply Agreement, which according to the respondent, governs the matter specifically provides for reference of all disputes and differences to “the arbitration authority under provisions of the Arbitration and Conciliation Act, 1996.Arbitrator appointed. - 2015 STPL(Web) 397 SC
  • Industrial Incentive: State Government would certainly be bound by the principles of Promissory Estoppel - State Government was estopped from going back on the promise so made in the Scheme and could not have curtailed the period and the opportunity specifically made - 2015 STPL(Web) 396 SC
  • Adverse Possession: The appellant claims to be the owner of the land in question and even as per the Revenue Records, the appellant appears to be the owner. It was not fair on the part of the High Court to permit Respondent Municipality to raise a plea with regard to adverse possession. It would not be proper on the part of the Government body or any state authority to take possession of somebody's land without following due process of law and even if a citizen has permitted his land being used by a government authority, the authority should not take undue advantage thereof at the time of giving compensation when the said land is acquired. - 2015 STPL(Web) 395 SC
  • Disability Pension: In absence of reasons to reinforce the opinion that the disability is not attributable to the Army service or is not aggravated thereby, denial of the benefit of disability pension would be illegal and indefensible. - 2015 STPL(Web) 394 SC
  • NDPS: Tampering of sample - All the persons who possessed the contraband sample have been brought on record to support that no tampering was done with the samples. The Defence failed to bring out anything in the cross-examination of the witnesses with respect to tampering of the samples. Thus, we find that the samples were properly dealt with throughout and the same was found to be Ganja. - 2015 STPL(Web) 393 SC
  • Labour Law: Termination - High Court held to have exceeded in its supervisory jurisdiction in exercise of its judicial review power under Article 227 of the Constitution of India by setting aside the Award of reinstatement with 50% back wages passed by the Labour Court and has instead awarded Rs.2 lakhs as compensation to the appellant-workman. - 2015 STPL(Web) 392 SC
  • Executive Action – Judicial Review – Held that where an Executive action of the State is challenged, Court must tread with caution and not overstep its limits - Interference by Court is warranted only when there are oblique motives or there is miscarriage of justice - In the present case, there is no oblique motive or any miscarriage of justice warranting interference by the Court - Appeals and the writ petition liable to be dismissed. - 2015 STPL(Web) 391 SC

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