(1)
JAI PRAKASH TIWARI .....Appellant Vs.
JAI PRAKASH TIWARI .....Appellant D.D
04/08/2022
SUPREME COURT OF INDIA
Criminal Law – Conviction for Attempt to Murder – The Supreme Court set aside the conviction under Section 307 IPC and Sections 25 and 27 of the Arms Act due to the lack of independent evidence corroborating the complainant's statements and the failure of the prosecution to link the recovered items to the alleged incident – Emphasized the importance of proper examination unde...
(2)
HONNAIAH T.H. .....Appellant Vs.
STATE OF KARNATAKA AND OTHERS .....Respondent D.D
04/08/2022
SUPREME COURT OF INDIA
Criminal Procedure – Revision Petition by Private Complainant – The Supreme Court held that a private complainant can file a revision petition under certain circumstances, including when the trial court wrongly excludes evidence that the prosecution wishes to produce – Emphasized the importance of revisional jurisdiction in ensuring justice and correcting manifest illegality or p...
(3)
MANJIT SINGH SODHI .....Appellant Vs.
THE CUSTODIAN AND OTHERS .....Respondent D.D
04/08/2022
SUPREME COURT OF INDIA
Limitation Act – Effect of Acknowledgment in Writing – The Supreme Court held that Section 18 of the Limitation Act, 1963, stipulates that if an acknowledgment of liability in writing is made before the expiration of the prescribed period, a fresh period of limitation shall be computed from the time the acknowledgment was signed – The Court emphasized that an acknowledgment must ...
(4)
DELHI TRANSPORT CORPORATION .....Appellant Vs.
SANDEEP KAUSHIK AND OTHERS .....Respondent D.D
03/08/2022
SUPREME COURT OF INDIA
Service Law – Reinstatement – The Supreme Court noted that the original writ petitioner, Sandeep Kaushik, would be approximately 49 years of age, and the retirement age for drivers is 55 years – Given the changes in circumstances and that the original petitioner would need to clear a driving test, the Court held that actual appointment was not feasible – Directed the paymen...
(5)
SAKHARAM SINCE DECEASED THROUGH L.RS AND ANOTHER .....Appellant Vs.
KISHANRAO .....Respondent D.D
03/08/2022
SUPREME COURT OF INDIA
Civil Procedure – Abatement of Appeal – The Supreme Court held that the Second Appeal did not abate upon the death of one of the respondents, as the right to sue survived against the surviving respondents – Highlighted that abatement occurs only when the cause of action does not survive upon or against the surviving party – The High Court's dismissal of the appeal and t...
(6)
CENTRAL BANK OF INDIA .....Appellant Vs.
NITIN .....Respondent D.D
03/08/2022
SUPREME COURT OF INDIA
Compassionate Appointment – Eligibility Criteria – The Supreme Court held that compassionate appointment cannot be granted merely on the death or incapacitation of an employee – It must be in accordance with the scheme framed by the employer, which may include financial criteria to determine the indigence of the family – The Court emphasized that the aim of compassionate ap...
(7)
S. KULDEEP SINGH AND ANOTHER .....Appellant Vs.
S. PRITHPAL SINGH .....Respondent D.D
02/08/2022
SUPREME COURT OF INDIA
Civil Procedure – Declaration and Possession – The Supreme Court held that an order or decree passed without jurisdiction is a legal nullity – The deficiency of jurisdiction cannot be cured by the consent of the parties – The Deputy Commissioner (DC) lacked inherent jurisdiction to either entertain the appeal or endorse the compromise during the suspension of the Jammu and ...
(8)
M/S. TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED .....Appellant Vs.
THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES AND OTHERS .....Respondent D.D
02/08/2022
SUPREME COURT OF INDIA
Service Tax – Composite Works Contracts – The Supreme Court held that service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007, which amended the Finance Act, 1994, to introduce Section 65(105)(zzzza) – The Court found that the Finance Act, 1994, contained no charge or machinery to levy and assess service tax on indivisible c...
(9)
SIDDHARTH MUKESH BHANDARI .....Appellant Vs.
STATE OF GUJARAT .....Respondent D.D
02/08/2022
SUPREME COURT OF INDIA
Criminal Law – Interim Stay of Investigation – The Supreme Court held that the High Court erred in granting an interim stay of investigation in the petitions seeking quashing of criminal complaints – Reiterated that such stays should be granted only in the rarest of rare cases and that the Investigating Officer's right to investigate should be respected – The High Court...