(1) STATE OF PUNJAB … Vs. AMARJIT SINGH AND ANOTHER …RESPONDENT(S) D.D 08/02/2011

Land Acquisition – Additional Compensation – The Respondents were awarded compensation for acquired land along with statutory benefits under Sections 23(1A), 23(2), and 28 – The Executing Court and the High Court awarded additional amount under Section 23(1A) on the solatium amount – Supreme Court clarified that the additional amount under Section 23(1A) is payable only on the market value...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1494 OF 2011 (ARISING OUT OF SLP (C) NO. 30709 OF 2008) Docid 2011 LEJ Civil SC 705561

(2) BACHNI DEVI AND ANOTHER … Vs. STATE OF HARYANA …RESPONDENT D.D 08/02/2011

Criminal Law – Dowry Death – Conviction under Section 304B IPC upheld – Appellants (mother-in-law and husband) harassed the deceased, Kanta, for dowry (motorcycle) – Kanta died by hanging within three months of marriage – Evidence established harassment and demand for dowry – Appeal dismissed [Paras 1-20].Dowry Demand – Definition and Scope – Demand for motorcycle for business purp...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 831 OF 2006 Docid 2011 LEJ Crim SC 125764

(3) RBF RIG CORPORATION MUMBAI … Vs. THE COMMISSIONER OF CUSTOMS (IMPORTS) MUMBAI …RESPONDENT D.D 08/02/2011

Customs Duty – Refund Claim – Appellant's claim for refund of customs duty rejected by Deputy Commissioner on grounds of unjust enrichment and failure to appeal assessment orders – Delhi High Court directed customs authorities to consider refund claims based on Essentiality Certificates – Supreme Court held that the refund claim was erroneously rejected ignoring High Court's spec...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3478 OF 2006 Docid 2011 LEJ Civil SC 644022

(4) BHOLA SINGH … Vs. STATE OF PUNJAB …RESPONDENT D.D 08/02/2011

Narcotics – Possession and Transport – Appellant convicted under Sections 15 and 25 NDPS Act for being co-owner of truck transporting poppy husk – No evidence appellant had knowledge of the transport – Conviction based on presumption under Section 35 without foundational facts proving knowledge [Paras 1-8].Presumption and Burden of Proof – Section 25 NDPS Act requires evidence of knowled...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 448 OF 2006 Docid 2011 LEJ Crim SC 488505

(5) HARSHENDRA KUMAR D. … Vs. REBATILATA KOLEY ETC. …RESPONDENT D.D 08/02/2011

Negotiable Instruments – Director’s Liability – Appellant resigned from directorship before issuance and dishonour of cheques – High Court dismissed revision applications to quash proceedings – Supreme Court quashed proceedings against appellant due to lack of connection with the company at the relevant time [Paras 1-21].Evidence and Documentation – Resignation from Directorship – Ap...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 360 OF 2011 Docid 2011 LEJ Crim SC 736116

(6) PARIMAL … Vs. VEENA @ BHARTI …RESPONDENT D.D 08/02/2011

Civil Procedure – Ex-parte Decree – Respondent/wife failed to appear despite repeated summons – Process servers reported refusal to accept summons – Substituted service through publication in "National Herald" deemed proper – High Court erroneously set aside ex-parte decree considering post-decree conduct – Supreme Court restored trial court’s order dismissing application u...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1467 OF 2011 (ARISING OUT OF S.L.P. (C) NO. 19632 OF 2007) Docid 2011 LEJ Civil SC 987503

(7) STATE OF PUNJAB … Vs. AMARJIT SINGH AND ANOTHER …RESPONDENT(S) D.D 08/02/2011

Land Acquisition – Additional Compensation – The Respondents were awarded compensation for acquired land along with statutory benefits under Sections 23(1A), 23(2), and 28 – The Executing Court and the High Court awarded additional amount under Section 23(1A) on the solatium amount – Supreme Court clarified that the additional amount under Section 23(1A) is payable only on the market value...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1494 OF 2011 (ARISING OUT OF SLP (C) NO. 30709 OF 2008) Docid 2011 LEJ Civil SC 592028

(8) BACHNI DEVI AND ANOTHER … Vs. STATE OF HARYANA …RESPONDENT D.D 08/02/2011

Criminal Law – Dowry Death – Conviction under Section 304B IPC upheld – Appellants (mother-in-law and husband) harassed the deceased, Kanta, for dowry (motorcycle) – Kanta died by hanging within three months of marriage – Evidence established harassment and demand for dowry – Appeal dismissed [Paras 1-20].Dowry Demand – Definition and Scope – Demand for motorcycle for business purp...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 831 OF 2006 Docid 2011 LEJ Crim SC 747044

(9) RBF RIG CORPORATION MUMBAI … Vs. THE COMMISSIONER OF CUSTOMS (IMPORTS) MUMBAI …RESPONDENT D.D 08/02/2011

Customs Duty – Refund Claim – Appellant's claim for refund of customs duty rejected by Deputy Commissioner on grounds of unjust enrichment and failure to appeal assessment orders – Delhi High Court directed customs authorities to consider refund claims based on Essentiality Certificates – Supreme Court held that the refund claim was erroneously rejected ignoring High Court's spec...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3478 OF 2006 Docid 2011 LEJ Civil SC 276712