(1) USHA RECTIFIER CORPN. (I) LTD. (PRESENTLY KNOWN AS USHA (I) LTD.) … Vs. COMMISSIONER OF CENTRAL EXCISE, NEW DELHI … RESPONDENT D.D 13/01/2011

Central Excise - Duty on Captive Consumption - Manufacture for Internal Use – Appeal against order demanding duty on plant and machinery, including testing equipment, manufactured for internal use by appellant – Appellant claimed activities were for research and development and not manufacturing – Supreme Court found that equipment was indeed manufactured and was saleable and marketable, con...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6866 OF 2000 Docid 2011 LEJ Civil SC 623016

(2) ARUNDHATI ASHOK WALAVALKAR … Vs. STATE OF MAHARASHTRA …RESPONDENT D.D 13/01/2011

Administrative Law – Disciplinary Action – Compulsory Retirement – Judicial Officer found guilty of traveling without ticket on three occasions – Appellant claimed that magistrates were not required to buy tickets for train travel – Appellant caught without ticket on 21.2.1997, 13.5.1997, and 5.12.1997 – Misconduct charges established against the appellant – High Court dismissed writ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6966 OF 2004 Docid 2011 LEJ Civil SC 565664

(3) P.C. PAULOSE, SPARKWAY ENTERPRISES … Vs. COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS …RESPONDENT(S) D.D 13/01/2011

Taxation - Service Tax Liability - Airports Authority of India Act and Finance Act - Appellant authorized by AAI to collect airport admission ticket charges - Whether appellant liable to pay service tax on such collections - High Court directed verification if AAI had paid the service tax - Appellant to pay service tax if AAI had not paid - Supreme Court upholds High Court’s decision - Appellant...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 483 OF 2011 Docid 2011 LEJ Civil SC 838903

(4) STATE OF RAJASTHAN AND OTHERS … Vs. DAYA LAL AND OTHERS …RESPONDENT(S) D.D 13/01/2011

Service Law - Regularization of Temporary Employees – Civil Appeals against High Court's direction to regularize services and provide parity in pay for employees in government and aided hostels – Supreme Court reaffirms principles that regularization requires appointments through regular recruitment against sanctioned posts – High Court’s directions found to be inconsistent with const...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 486 OF 2011 WITH CIVIL APPEAL NOS. 487-495 OF 2011 Docid 2011 LEJ Civil SC 681150

(5) RAJENDRA PRASAD GUPTA … Vs. PRAKASH CHANDRA MISHRA AND OTHERS …RESPONDENT(S) D.D 12/01/2011

Civil Procedure - Withdrawal of Suit - Maintainability of Application to Withdraw Withdrawal Application – Civil appeal against High Court judgment dismissing the appellant's application to withdraw his earlier application for withdrawal of the suit – High Court held that once an application for withdrawal of the suit is filed, the suit stands dismissed as withdrawn without any order on t...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 984 OF 2006 Docid 2011 LEJ Civil SC 263072

(6) PUSHPA @ LEELA AND OTHERS … Vs. SHAKUNTALA AND OTHERS …RESPONDENT(S) D.D 12/01/2011

Motor Vehicles Act - Liability of Registered Owner – Civil Appeal regarding determination of liability for compensation under the Motor Vehicles Act – Accident involving a truck resulting in fatalities – Truck sold to Salig Ram but still registered in the name of Jitender Gupta – Accident occurred during the validity of an insurance policy issued in the name of the original owner (Jitender...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6924 OF 2005 Docid 2011 LEJ Civil SC 307998

(7) IQBAL MOOSA PATEL … Vs. STATE OF GUJARAT …RESPONDENT D.D 12/01/2011

Criminal Law – NDPS Act – Conviction and Sentence – Criminal appeals against the High Court order upholding the convictions under Sections 8(c) read with 21 and 29 of the NDPS Act – Appellants challenged the voluntariness and reliability of their statements recorded under Section 67 of the NDPS Act – Supreme Court upheld the findings of the Trial Court and High Court – Evidence establi...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1231-1232, 1574 OF 2009 AND CRIMINAL APPEAL NO. 129 OF 2011 (ARISING OUT OF SLP (CRIMINAL) NO. 5583 OF 2009) Docid 2011 LEJ Crim SC 769786

(8) GHISALAL … Vs. DHAPUBAI (DEAD) BY L.RS. AND OTHERS …RESPONDENT D.D 12/01/2011

Hindu Law - Adoption - Consent of Wife - Section 7 of the Hindu Adoptions and Maintenance Act, 1956 mandates that a male Hindu cannot adopt a son except with the consent of his wife, unless she has renounced the world, ceased to be a Hindu, or has been declared of unsound mind. Mere presence of the wife at adoption ceremonies without active participation does not imply consent. Held, the concurren...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6373-6374 AND 6375-6376 OF 2002 Docid 2011 LEJ Civil SC 973134

(9) MAHANT JAWALA SINGH CHELA OF MAHANT BISHAN SINGH (DEAD) THROUGH LEGAL REPRESENTATIVE … Vs. THE SHIROMANI GURDWARA PRABHANDHAK COMMITTEE, AMRITSAR …RESPONDENT D.D 12/01/2011

Sikh Gurdwaras Act, 1925 - Declaration of a Sikh Gurdwara - Tribunal and High Court's Jurisdiction - Appeal against the order dismissing the petition challenging the declaration of an institution as a Sikh Gurdwara - Held that both the Tribunal and the High Court failed to adhere to the requirements of Section 16(2)(iii) of the Act which mandates that the institution must have been establishe...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6386 OF 1983 Docid 2011 LEJ Civil SC 341922