(1)
BIJU K.K. .....Appellant Vs.
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY KOCHI AND OTHERS .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Selection Process – Award of Marks for Experience – Appellant contested the denial of marks for prior experience as a daily wager – High Court failed to consider the merits of this plea – Specific challenge was against the Selection Committee's decision – High Court should have adjudicated on whether the Selection Committee's actions were justified [Paras 2-3]...
(2)
SHISHPAL @ SHISHU .....Appellant Vs.
THE STATE (NCT OF DELHI) .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Murder – Common Intention – Section 302/34 IPC – Conviction based on the non-cooperation of the accused in a test identification parade – Courts drew adverse inferences without considering the exposure of witnesses to the accused in the police station – Identification parade is part of the investigation and should not be overemphasized – Prosecution must prove t...
(3)
R.M. SUNDARAM @ MEENAKSHISUNDARAM .....Appellant Vs.
SRI KAYAROHANASAMY AND NEELAYADHAKSHI AMMAN TEMPLE (THROUGH ITS EXECUTIVE OFFICER) NAGAPATTINAM TAMIL NADU .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Civil Law – Religious Endowments – Suit jewellery claimed by the appellant as private property – Jewellery kept in the Temple's Kudavarai and used for adorning the deity during festivals – Concurrent findings by three courts affirming the jewellery as a specific endowment to the deity – Dedication inferred from long possession and use for religious purposes [Paras...
(4)
COMMISSIONER OF CENTRAL EXCISE RAIPUR .....Appellant Vs.
M/S SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Service Tax – Consulting Engineer – Definition – The definition of 'Consulting Engineer' under Section 65(31) of the Finance Act, 1994, includes a 'body corporate' – The amendment in 2005 clarifying the inclusion of 'body corporate' is not merely prospective but clarificatory in nature – Respondent providing consultancy engineering services lia...
(5)
STATE OF WEST BENGAL .....Appellant Vs.
RAKESH SINGH @ RAKESH KUMAR SINGH .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Criminal Law – Bail – Rigours of Section 37 NDPS Act – Prima facie evaluation of the evidence suggests doubt about the prosecution's case – High Court’s view that rigours of Section 37 are not applicable upheld [Paras 13-16].
Evidence – Contradictory Statements – Statements of motorcar occupants versus initial complaint by SI create seriou...
(6)
DELHI DEVELOPMENT AUTHORITY .....Appellant Vs.
DIWAN CHAND ANAND AND OTHERS .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Civil Procedure – Abatement of Suit – Right to Sue – No abatement by party's death if right to sue survives – Procedures in case of death of one of several defendants or sole defendant – Appellate Court must examine if the right to sue survives against surviving respondents – Appeal dismissed due to non-bringing legal representatives on record without proper...
(7)
HEMANTHA KUMAR .....Appellant Vs.
R. MAHADEVAIAH AND OTHERS .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Civil Procedure – Compromise of Suit – Application under Order 23 Rule 3 CPC filed jointly by parties requesting a consent decree – Trial Court referred the matter to Lok Adalat where consent decree was passed – High Court erred in setting aside the consent decree on grounds of alleged fraud without substantial evidence [Paras 6-10].
Genuineness of Consent Decr...
(8)
STATE OF UTTAR PRADESH AND ANOTHER .....Appellant Vs.
AKHIL SHARDA AND OTHERS .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Criminal Law – Delay in Delivery of Judgment – Long delay in delivering judgment causes unnecessary speculation among parties – Emphasized need for timely pronouncement to uphold confidence in the judicial system [Paras 6.1, 6.2].
Criminal Procedure – Section 482 CrPC – Mini Trial – High Court exceeded jurisdiction by virtually conducting a mini tri...
(9)
PRINCIPAL COMMISSIONER OF INCOME TAX-III, BANGALORE AND ANOTHER .....Appellant Vs.
M/S WIPRO LIMITED .....Respondent D.D
11/07/2022
SUPREME COURT OF INDIA
Income Tax – Exemption under Section 10B(8) – Assessee failed to furnish declaration before the due date of filing original return of income under Section 139(1) – Supreme Court held both conditions of furnishing declaration and doing so before due date are mandatory – Non-compliance bars exemption claim [Paras 1-14].
Filing of Declaration – Time Limit Ma...