Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Supreme Court was of the view that the High Court ought to have interfered with the conviction when it found one of the links in circumstantial evidence missing and not proved, respecting the settled law in this regard.
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In the case at hand, the Security was a ‘shop’, which was not owned by the surety, but by the Municipal Corporation, Lucknow.
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As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.
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S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.
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“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”
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Supreme Court also reiterated that the grant of sanction is nowhere contemplated under Section 167 of the CrPC.
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The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.
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Coal India Limited and its subsidiary Western Coalfields Limited had contended that they cannot be bound by the Competition Act, 2002 as both are governed by the Coal Mines (Nationalization) Act, 1973. The Supreme Court held that the Competition Act applies to State monopolies, Government Companies and PSUs.
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Supreme Court expressed that “We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways.”
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The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.
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‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.
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The Supreme Court further held that when the actions of a Committee constituted by Cabinet are validated by the Council of Ministers and the rest of the Council, it ensures that the Rules of Business were followed by the State Government in the course of decision-making process.
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Supreme Court said that the legislative intent was that all kinds of talcum powders, which contained medications irrespective of the proportion, or at any rate, not containing predominant proportions should necessarily be treated as cosmetics, falling under Entry 127.
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The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.
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The main concern of the women lawyers is over shrinking of the space or facilities allocated to them in the Nilgiris court complex.
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Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
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The Court said that Section 4 of the Tamil Nadu Cultivating Tenant Protection Act provides for restoration of possession only in limited cases and that too when the default is of only one year of lease amount to be paid.
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The Court said that the case in hand was a quintessential case where to solve a blind murder, occurring in a forest in the darkness of night, bits and pieces of evidence were collected.
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Supreme Court allowed the interim bail to Pradeep Rameshwar Sharma in Mansukh Hiren murder case to attend to the treatment of his ailing wife for reversal of Gastric Bypass surgery.
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Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.
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