(1)
VENKATESHA .....Appellant Vs.
STATE OF KARNATAKA .....Respondent D.D
08/01/2013
SUPREME COURT OF INDIA
Criminal Law – Murder and Attempt to Murder – Conviction of appellant for planting explosive device in a barber shop – Explosive device resulted in the death of Shankar and injuries to Krishna and Shivaram – Prosecution established common intention to kill Muniraju but Shankar became unintended victim – Conviction under Sections 302, 307, and 427 IPC and Section 3 of Explosive Substances...
(2)
RISHI PAL .....Appellant Vs.
STATE OF UTTARAKHAND .....Respondent D.D
08/01/2013
SUPREME COURT OF INDIA
Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted for abduction, fraud, and related offences – Conviction for murder by trial court based on circumstantial evidence overturned by High Court – High Court found lack of direct evidence or conclusive proof of homicidal death – Prosecution failed to establish crucial link between appellant and the alleged murder [Para...
(3)
THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION .....Appellant Vs.
SHEEJA P.R. AND ANOTHER .....Respondents D.D
08/01/2013
SUPREME COURT OF INDIA
Public Service Commission – Supplementary Lists – Kerala Public Service Commission (PSC) challenged High Court's directive to use supplementary list after exhaustion of main list – Supreme Court examined validity of maintaining supplementary list independently – Held that once main list is exhausted, supplementary list loses significance and cannot be operated independently [Paras 3, ...
(4)
M/S. GIAN CHAND AND BROTHERS AND ANOTHER .....Appellants Vs.
RATTAN LAL @ RATTAN SINGH .....Respondent D.D
08/01/2013
SUPREME COURT OF INDIA
Civil Procedure – Burden of Proof – Appellants claimed money recovery based on account entries signed by respondent – Respondent denied signatures – Lower courts held signatures genuine; burden on respondent to disprove – High Court reversed, citing appellants' failure to prove signatures via handwriting expert – Supreme Court held High Court erred; burden appropriately placed by ...
(5)
STATE OF BIHAR AND OTHERS .....Appellants Vs.
NIRMAL KUMAR GUPTA .....Respondent D.D
08/01/2013
SUPREME COURT OF INDIA
Excise Law – Settlement of Licences – Interpretation of Rules – High Court held licence fee liability starts from issuance of licence – Supreme Court reversed, holding liability starts from date of settlement – Respondent delayed advance security payment causing approval delay – Settlement date governs fee liability under Rule 24 [Paras 3, 17-18, 20, 24].Default in Advance Security –...
(6)
MUNICIPAL CORPORATION RAJASTHAN .....Appellant Vs.
SANJEEV SACHDEVA AND OTHERS .....Respondents D.D
08/01/2013
SUPREME COURT OF INDIA
Municipal Law – Change of Land Use – Amendment of Section 173-A – Rajasthan Municipal Corporation demanded conversion charges for changing land use from residential to commercial – Respondents challenged the demand citing earlier Supreme Court judgment – High Court quashed demand relying on un-amended Section 173-A – Supreme Court held amended Section 173-A applicable, validating the d...
(7)
SUBHASH CHAND .....Appellant Vs.
STATE (DELHI ADMINISTRATION) .....Respondent D.D
08/01/2013
SUPREME COURT OF INDIA
Criminal Procedure – Appeal Against Acquittal – Determining proper forum for appeal in complaint cases – High Court dismissed appeal holding Sessions Court jurisdiction for state appeals – Supreme Court reversed, holding appeals in complaint cases lie to High Court [Paras 7-8, 16-18].Jurisdiction – Sections 378(1) and 378(4) CrPC – State may direct appeal to High Court except in cogniz...
(8)
HARYANA POWER GENERATION CORPORATION LIMITED AND OTHERS .....Appellants Vs.
HARKESH CHAND AND OTHERS .....Respondents D.D
07/01/2013
SUPREME COURT OF INDIA
Service Law – Apprenticeship and Regular Employment – Appellants contended training period as apprentices should not count towards regular service for ACP Scale – Respondents argued training period should be included – High Court ruled in favor of respondents – Supreme Court reversed, holding apprenticeships do not count towards regular service under ACP Scheme [Paras 3, 18, 27-28].Inter...
(9)
HARDEVINDER SINGH .....Appellant Vs.
PARAMJIT SINGH AND OTHERS .....Respondents D.D
07/01/2013
SUPREME COURT OF INDIA
Civil Procedure – Maintainability of Appeal – Appeal challenged judgment dismissing suit for partition based on alleged forged will – Appellant, aggrieved party, filed appeal against decision of lower court – High Court dismissed appeal as non-maintainable – Supreme Court held High Court erred in dismissing appeal – Legal right of appellant was affected by lower court’s decision, mak...