(1) RAMESHBHAI CHANDUBHAI RATHOD ... Vs. THE STATE OF GUJARAT ...RESPONDENT(S) D.D 24/01/2011

Criminal Law - Sentencing - Death Penalty - Commutation to Life Imprisonment - Appeal against the death sentence for rape and murder of a minor - Supreme Court held that despite the gravity of the crime, the appellant's young age and potential for rehabilitation warranted commutation of the death sentence. The life imprisonment sentence is to extend to the appellant's natural life, subje...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 575 OF 2007 Docid 2011 LEJ Crim SC 474405

(2) KALYANESHWARI … Vs. UNION OF INDIA AND OTHERS …RESPONDENT(S) D.D 21/01/2011

Public Interest Litigation - Bona Fides – Allegations of the petition being filed at the behest of business rivals and lacking bona fide intent – Supreme Court examines the conduct of the petitioner and the history of litigation – Held that the petition lacked bona fides and was an abuse of process of law – The petition was found to be motivated by private interest rather than genuine publ...

REPORTABLE # WRIT PETITION (C) NO. 260 OF 2004 Docid 2011 LEJ Civil SC 498126

(3) SAMITTRI DEVI AND ANOTHER … Vs. SAMPURAN SINGH AND ANOTHER …RESPONDENT(S) D.D 21/01/2011

Benami Transactions - Retrospective Application – Civil appeal concerning the applicability of Section 4 of the Benami Transactions (Prohibition) Act, 1988 to suits filed prior to the Act's commencement – Supreme Court clarifies that Section 4, which prohibits recovery of property held benami, is not retrospective and does not apply to suits filed before the Act came into force – The su...

REPORTABLE # CIVIL APPEAL NO. 846 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 1305 OF 2010) Docid 2011 LEJ Civil SC 488754

(4) RABINDRA KUMAR PAL @ DARA SINGH … Vs. REPUBLIC OF INDIA …RESPONDENT D.D 21/01/2011

Criminal Law - Confessions - Admissibility and Voluntariness – Appeal challenging the voluntariness and admissibility of confessional statements made under Section 164 CrPC – Supreme Court examines whether confessions made by the accused were voluntary and whether procedural safeguards were followed – Held that confessions must be free from police influence and made voluntarily – Failure t...

REPORTABLE # CRIMINAL APPEAL NOS. 1357-1365 AND 1366 OF 2005 AND 1259 OF 2007 Docid 2011 LEJ Crim SC 246547

(5) COMMISSIONER OF CUSTOMS (IMPORT) …APPELLANT Vs. STONEMAN MARBLE INDUSTRIES AND OTHERS …RESPONDENT D.D 21/01/2011

Customs Law - Reduction of Redemption Fine and Penalty – Appeals challenging the Tribunal's decision to reduce redemption fine and penalty imposed on importers – Supreme Court examines whether the Tribunal can uniformly apply a formula for reduction based on margin of profit and demurrage costs – Held that each case must be examined on its own facts – However, Tribunal's findings...

REPORTABLE # CIVIL APPEAL NOS. 4371-4383 AND 4384-4386 OF 2004, 2904, 2860, 3531, 4042, 4135, AND 4136 OF 2006 AND 229 AND 348 OF 2007 CIVIL APPEAL NO. 840 OF 2011 (ARISING OUT OF SLP (C) NO. 11177 OF 2006) CIVIL APPEAL NO. 841 OF 2011 (ARISING OUT OF SLP (C) NO. 11180 OF 2006) CIVIL APPEAL NO. 842 OF 2011 (ARISING OUT OF SLP (C) NO. 11181 OF 2006) CIVIL APPEAL NO. 843 OF 2011 (ARISING OUT OF SLP (C) NO. 11182 OF 2006) CIVIL APPEAL NO. 844 OF 2011 (ARISING OUT OF SLP (C) NO. 12641 OF 2006) CIVIL APPEAL NO. 845 OF 2011 (ARISING OUT OF SLP (C) NO. 14991 OF 2006) Docid 2011 LEJ Civil SC 430835

(6) KALYANESHWARI … Vs. UNION OF INDIA AND OTHERS …RESPONDENT(S) D.D 21/01/2011

Public Interest Litigation - Bona Fides – Allegations of the petition being filed at the behest of business rivals and lacking bona fide intent – Supreme Court examines the conduct of the petitioner and the history of litigation – Held that the petition lacked bona fides and was an abuse of process of law – The petition was found to be motivated by private interest rather than genuine publ...

REPORTABLE # WRIT PETITION (C) NO. 260 OF 2004 Docid 2011 LEJ Civil SC 144245

(7) SAMITTRI DEVI AND ANOTHER … Vs. SAMPURAN SINGH AND ANOTHER …RESPONDENT(S) D.D 21/01/2011

Benami Transactions - Retrospective Application – Civil appeal concerning the applicability of Section 4 of the Benami Transactions (Prohibition) Act, 1988 to suits filed prior to the Act's commencement – Supreme Court clarifies that Section 4, which prohibits recovery of property held benami, is not retrospective and does not apply to suits filed before the Act came into force – The su...

REPORTABLE # CIVIL APPEAL NO. 846 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 1305 OF 2010) Docid 2011 LEJ Civil SC 617260

(8) RABINDRA KUMAR PAL @ DARA SINGH … Vs. REPUBLIC OF INDIA …RESPONDENT D.D 21/01/2011

Criminal Law - Confessions - Admissibility and Voluntariness – Appeal challenging the voluntariness and admissibility of confessional statements made under Section 164 CrPC – Supreme Court examines whether confessions made by the accused were voluntary and whether procedural safeguards were followed – Held that confessions must be free from police influence and made voluntarily – Failure t...

REPORTABLE # CRIMINAL APPEAL NOS. 1357-1365 AND 1366 OF 2005 AND 1259 OF 2007 Docid 2011 LEJ Crim SC 484935

(9) COMMISSIONER OF CUSTOMS (IMPORT) …APPELLANT Vs. STONEMAN MARBLE INDUSTRIES AND OTHERS …RESPONDENT D.D 21/01/2011

Customs Law - Reduction of Redemption Fine and Penalty – Appeals challenging the Tribunal's decision to reduce redemption fine and penalty imposed on importers – Supreme Court examines whether the Tribunal can uniformly apply a formula for reduction based on margin of profit and demurrage costs – Held that each case must be examined on its own facts – However, Tribunal's findings...

REPORTABLE # CIVIL APPEAL NOS. 4371-4383 AND 4384-4386 OF 2004, 2904, 2860, 3531, 4042, 4135, AND 4136 OF 2006 AND 229 AND 348 OF 2007 CIVIL APPEAL NO. 840 OF 2011 (ARISING OUT OF SLP (C) NO. 11177 OF 2006) CIVIL APPEAL NO. 841 OF 2011 (ARISING OUT OF SLP (C) NO. 11180 OF 2006) CIVIL APPEAL NO. 842 OF 2011 (ARISING OUT OF SLP (C) NO. 11181 OF 2006) CIVIL APPEAL NO. 843 OF 2011 (ARISING OUT OF SLP (C) NO. 11182 OF 2006) CIVIL APPEAL NO. 844 OF 2011 (ARISING OUT OF SLP (C) NO. 12641 OF 2006) CIVIL APPEAL NO. 845 OF 2011 (ARISING OUT OF SLP (C) NO. 14991 OF 2006) Docid 2011 LEJ Civil SC 458569