(1)
UNION OF INDIA AND ANOTHER …..Appellant Vs.
CITI BANK N.A. …..Respondent D.D
24/08/2022
FERA – Limitation – Reasonable Period – Show cause notices issued in 2002 for transactions from 1992-1993 – Supreme Court held such delay unreasonable – Proceedings must be initiated within a reasonable period when no statutory period is prescribed – Eight-year record preservation limit under Banking Companies Rules supports unreasonableness of delayed notices &...
(2)
ST. MARY’S EDUCATION SOCIETY AND ANOTHER …..Appellant Vs.
RAJENDRA PRASAD BHARGAVA AND OTHERS …..Respondent D.D
24/08/2022
Constitutional Law – Writ Jurisdiction – Private Unaided Minority Institution – High Court held writ petition maintainable against termination order by private unaided minority institution – Supreme Court found High Court erred – Writ jurisdiction under Article 226 maintainable only if public duty element present – Service disputes of private nature without stat...
(3)
COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE VADODARA – I …..Appellant Vs.
M/S JYOTI LIMITED AND OTHERS …..Respondent D.D
24/08/2022
Service Tax – Consulting Engineer vs. Works Contract – Services such as erection, installation, and commissioning of goods at customer sites cannot be classified as consulting engineer services – Tribunal correctly held that such services fall under works contract and are not liable for service tax as consulting engineering – Revenue's appeal dismissed [Paras 2-4].
&...
(4)
ZAKIR ABDUL MIRAJKAR …..Appellant Vs.
THE STATE OF MAHARASHTRA AND OTHERS …..Respondent D.D
24/08/2022
Criminal Law – MCOCA – Organized Crime – Confession – Appellants challenged validity of confessions recorded by an Additional Superintendent of Police (Addl. SP) under MCOCA – Supreme Court held that Addl. SPs are not of the same rank as SPs – Confessions recorded by Addl. SPs not admissible under Section 18 MCOCA – High Court's dismissal of writ petit...
(5)
RAJBIR SINGH …..Appellant Vs.
THE STATE OF PUNJAB …..Respondent D.D
24/08/2022
Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...
(6)
PUSHPENDRA KUMAR SINHA .....Appellant Vs.
STATE OF JHARKHAND .....Respondent D.D
24/08/2022
Criminal Law – Discharge – Appeal against dismissal of discharge application – Allegations of corruption and fraud against an Executive Engineer (EE) in Jharkhand State Electricity Board (JSEB) – No prima facie evidence of entrustment of funds, fraudulent or dishonest intent, or illegal gratification – Appellant's actions were based on instructions and approvals f...
(7)
MD. ISLAM AND OTHERS .....Appellants Vs.
THE BIHAR STATE ELECTRICITY BOARD AND OTHERS .....Respondents D.D
23/08/2022
Service Law – Assured Career Progression Scheme – Applicability – Appellants sought application of ACP Scheme retrospectively from August 9, 1999, as was done for State Government employees – BSEB adapted ACP Scheme effective from April 5, 2005 – Scheme not applicable to public undertakings or autonomous institutions unless specifically adapted – No malafide or ...
(8)
UNION OF INDIA AND ANOTHER .....Appellants Vs.
SUBHASH CHANDER SEHGAL AND OTHERS .....Respondents D.D
22/08/2022
Land Acquisition – Lapse of Proceedings – Section 24(2) of Act 2013 – High Court wrongly declared acquisition proceedings lapsed – Constitution Bench in Indore Development Authority v. Manoharlal (2020) overruled Pune Municipal Corporation (2014) and Sree Balaji Nagar Residential Association (2015) – Possession taken in 1987, utilized for park – No lapse when po...
(9)
UNION OF INDIA AND OTHERS .....Appellants Vs.
EX. HC/GD VIRENDER SINGH .....Respondent D.D
22/08/2022
Service Law – MACP Scheme – Applicability and Implementation Date – MACP Scheme implemented with effect from 1st September 2008, not 1st January 2006 – MACP Scheme provides financial upgradation to the immediate next grade pay in the hierarchy of the pay bands, not the next promotional post – Decision based on Sixth Central Pay Commission recommendations and governmen...