(1)
THE STATE (GNCT OF DELHI) NARCOTICS CONTROL BUREAU .....Appellant Vs.
LOKESH CHADHA .....Respondent D.D
02/03/2021
Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...
(2)
SHIVAJI CHINTAPPA PATIL .....Appellant Vs.
STATE OF MAHARASHTRA .....Respondent D.D
02/03/2021
Penal Code – Murder – Circumstantial Evidence – Absence of Motive – Lack of evidence suggesting violence or struggle – Medical expert did not rule out suicidal death – Post-Mortem report indicated death due to asphyxia by hanging – Absence of motive weighs in favor of the accused – Benefit of doubt given – Appellant acquitted [Paras 1-34].
C...
(3)
MURALI ALIAS DHANANJAYAN .....Appellant Vs.
MURALI ALIAS DHANANJAYAN .....Appellant D.D
02/03/2021
Land Acquisition – Compensation – Section 28(A) Land Acquisition Act – Entitlement to enhanced compensation – Appellant entitled to compensation re-determined in accordance with enhanced compensation awarded to his father and brother by the same notification – Reference Court’s denial of relief on grounds of delay held erroneous – Appeal allowed, compensat...
(4)
THE COMMISSIONER COMMERCIAL TAX U.P. LUCKNOW .....Appellant Vs.
S/S RUJHAN STUDIO .....Respondent D.D
02/03/2021
Taxation – UP VAT Act – Classification of Goods – Embroidered ladies suits considered as "textile made ups" – Respondent's process includes cutting, embroidery, and partial stitching – Product does not remain 'textile' under Entry 21 of Schedule I, nor does it qualify as 'other textile made ups' under Entry 16 of Schedule II – Produ...
(5)
SRIDEVI DATLA .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondents D.D
02/03/2021
National Green Tribunal Act – Condonation of Delay – Environmental Clearance – NGT's rejection of application for condonation of delay was erroneous – Communication of order includes dissemination to affected parties, not just publication on the website – Delay explained due to voluminous documents and need for expert legal advice – Appeal allowed, delay con...
(6)
M/S. CHITRALEKHA BUILDERS AND ANOTHER THROUGH ANIL G. SHAH POWER OF ATTORNEY AND HUSBAND OF THE PARTNER .....Appellant Vs.
G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LIMITED AND ANOTHER .....Respondent D.D
01/03/2021
Civil Procedure – Consent Decree – Non-Party Rights – Appellants were not parties to consent orders passed in Suit No. 1335/1988 – Consent orders not binding on non-parties – Appellants' rights to be adjudicated independently in pending Suit No. 3162/2005 – Appeal dismissed with observations to protect appellants' rights [Paras 1-21].
Judicial Review ...
(7)
SONU @ SUBHASH KUMAR .....Appellant Vs.
STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D
01/03/2021
Criminal Law – Rape – Consent and Misconception of Fact- The relationship between the appellant and the second respondent was consensual and lasted for one and a half years. The appellant's subsequent refusal to marry the respondent does not amount to a false promise at inception, which is necessary to establish a "misconception of fact" under Section 375 IPC. The Supreme...
(8)
THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE .....Appellant Vs.
TR N SEENIVA SAGAN .....Respondent D.D
01/03/2021
Criminal Law – Recall of Witnesses – Section 311 CrPC- Section 311 CrPC provides the court with wide discretionary power to summon or recall witnesses if their evidence appears essential to the just decision of the case. The Supreme Court emphasized that the true test is whether the evidence of such person is crucial for resolving the issues in the trial, irrespective of the case&...
(9)
KAPIL AGARWAL AND OTHERS .....Appellant Vs.
SANJAY SHARMA AND OTHERS .....Respondent D.D
01/03/2021
Abuse of Process – Inherent Powers under Section 482 CrPC – Quashing of FIR- The inherent powers of the High Court under Section 482 CrPC or Article 226 of the Constitution can be invoked to quash criminal proceedings if it is found that the proceedings amount to an abuse of process of law or are intended to harass the accused. The Supreme Court highlighted that criminal proceedin...