(1) OM PRAKASH ASATI … Vs. STATE OF U.P. AND OTHERS …RESPONDENTS D.D 13/01/2012

Premature Retirement – Fundamental Rule 56(c) – Screening Committee – The appellant was prematurely retired by the Uttar Pradesh Jal Nigam based on the criterion used by the Screening Committee – Supreme Court held that the criterion adopted by the Screening Committee, which was found illegal in earlier judgments, cannot be enforced – However, the validity of the retirement order must st...

REPORTABLE # SPECIAL LEAVE PETITION (CIVIL) NOS. 13896-13897 OF 2008 Docid 2012 LEJ Civil SC 446582

(2) FOOD CORPORATION OF INDIA AND OTHERS … Vs. BHARTIYA KHADYA NIGAM KARMCHARI SANGH AND ANOTHER …RESPONDENTS D.D 13/01/2012

Discrimination – Monetary Incentives – Circular No. 40 of 1985 – The appeal challenges the High Court's decision declaring Circular No. 40 of 1985 discriminatory, which accorded monetary incentives to in-service employees of the FCI for acquiring higher qualifications – Supreme Court held that the classification between employees acquiring higher qualifications after joining and those...

REPORTABLE # CIVIL APPEAL NO. 7268 OF 2002 WITH CIVIL APPEAL NO. 6878 OF 2003 Docid 2012 LEJ Civil SC 545937

(3) COMMISSIONER OF CENTRAL EXCISE BANGALORE-II … Vs. OSNAR CHEMICAL PVT. LTD. …RESPONDENT D.D 13/01/2012

Manufacture – Polymer Modified Bitumen – Central Excises and Salt Act, 1944 – The appeals focus on whether the mechanical mixing of polymers with heated bitumen constitutes manufacture, resulting in a new commercially identifiable product (Polymer Modified Bitumen or PMB) that is subject to excise duty – Supreme Court held that the process does not amount to manufacture as it merely improv...

REPORTABLE # CIVIL APPEAL NOS. 4055-4056 OF 2009, 5633 OF 2009, AND 7142 OF 2010 Docid 2012 LEJ Civil SC 989298

(4) INDIAN OIL CORPORATION LTD. … Vs. COMMISSIONER OF CENTRAL EXCISE VADODARA …RESPONDENT D.D 13/01/2012

Excise Duty Exemption – Procedural Compliance – Central Excise Rules, 1944 – The appeals question whether compliance with procedural requirements in Chapter X of the Rules is mandatory to avail of the exemption from excise duty under Notification No. 75/84-CE – Supreme Court held that for the exemption to be granted, it is necessary to comply with both the condition of intended use and the...

REPORTABLE # CIVIL APPEAL NOS. 4530-4532 OF 2005 Docid 2012 LEJ Civil SC 427456

(5) ALISTER ANTHONY PAREIRA … Vs. STATE OF MAHARASHTRA …RESPONDENT D.D 12/01/2012

Rash and Negligent Driving – Culpable Homicide – Penal Code, 1860 – The appellant was driving a car under the influence of alcohol, which led to an accident resulting in the death of seven people and injuries to eight others – Supreme Court held that the appellant’s act of driving in a drunken state at high speed showed knowledge of the dangerous consequences likely to follow, thus const...

REPORTABLE # CRIMINAL APPEAL NOS. 1318-1320 OF 2007 Docid 2012 LEJ Crim SC 617181

(6) AZIJA BEGUM … Vs. STATE OF MAHARASHTRA AND ANOTHER …RESPONDENT D.D 12/01/2012

Right to Fair Investigation – Article 14, CrPC Section 173(8) – The appellant’s son was murdered under mysterious circumstances – The Magistrate, expressing dissatisfaction with the initial police investigation, ordered further investigation but directed the same police authorities to continue – Supreme Court held that every citizen has the right to a proper investigation, ensuring equal...

REPORTABLE # CRIMINAL APPEAL NO. 126 OF 2012 (ARISING OUT OF SPECIAL LEAVE TO APPEAL (CRIMINAL) NO. 3486 OF 2011) Docid 2012 LEJ Crim SC 812124

(7) JILE SINGH … Vs. STATE OF U.P. AND ANOTHER …RESPONDENT D.D 12/01/2012

Summons – Jurisdiction of Magistrate – CrPC Sections 204, 319 – The appellant contested the CJM's issuance of summons on a private complaint after the accused was committed to the Sessions Court – Supreme Court held that once the case is committed to the Sessions Court, the Magistrate has no jurisdiction to add new accused persons to the case – Such power lies only with the Sessions...

REPORTABLE # CRIMINAL APPEAL NO. 121 OF 2012 (ARISING OUT OF S.L.P. (CRIMINAL) NO. 3592 OF 2011) Docid 2012 LEJ Crim SC 241034

(8) CHANDRAKALA TRIVEDI … Vs. STATE OF RAJASTHAN AND OTHERS …RESPONDENT D.D 12/01/2012

Educational Qualifications – Equivalence – The appellant was provisionally selected for the post of Teacher based on her qualifications – Supreme Court held that higher qualifications (Graduation, B.Ed., M.A.) obtained after completing a preparatory course post-Secondary Examination should be considered equivalent to the required Senior Secondary qualification – Emphasized a reasonable int...

REPORTABLE # CIVIL APPEAL NO. 400 OF 2012 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 19000 OF 2009) Docid 2012 LEJ Civil SC 163418

(9) N.C. DAS … Vs. GAUHATI HIGH COURT THROUGH REGISTRAR AND OTHERS …RESPONDENT D.D 11/01/2012

Promotion Denial – ACR Assessment – Tripura Judicial Service Rules, 1974 – The petitioner challenged his denial of promotion in July 2003, alleging his juniors were promoted – Supreme Court held that the adverse remarks in the petitioner’s Annual Confidential Reports (ACRs) for 2000, 2001, and 2002 justified the denial of promotion based on merit-cum-seniority criteria under Rule 7(1) of...

REPORTABLE # WRIT PETITION (CIVIL) NO. 31 OF 2004 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) Docid 2012 LEJ Civil SC 525560