Facts:

The case involves the entitlement of exporters to claim rebates on excise duty paid on manufactured products and the inputs used in their manufacturing process.

Issues:

Whether exporters are entitled to both types of rebates under Rule 18 of the Central Excise Rules, 2002, or only one kind of rebate.

Held:

The High Court's view, which allowed only one kind of rebate, is deemed incorrect and myopic .

Exporters are entitled to both rebates under Rule 18, encompassing excisable goods and the materials used in their manufacture .

Historical perspective and the scheme of the rules support the entitlement to both rebates .

The Central Government's issuance of notifications for claiming rebates on both excisable goods and materials used in their manufacture further supports this interpretation .

The word 'OR' in Rule 18 should be interpreted as 'AND' to align with the legislative intent and avoid absurd outcomes .

Decision: The Court allows the appeals, setting aside the impugned judgments and affirming the entitlement of exporters to both types of rebates under Rule 18 of the Central Excise Rules, 2002.

Facts:

The plaintiffs filed suits for declaration of title and injunction against construction companies on land they claimed to own. The defendants, later impleaded, denied the plaintiffs' title, citing mutation entries indicating the land was held on behalf of villagers. The trial court dismissed the suits based on these entries, but the appellate court ruled in favor of the plaintiffs. The appeal before the Supreme Court challenged this decision.

Issues:

Whether the plaintiffs' title to the land was solely based on mutation entries.

Whether the mutation entries indicating the land was held on behalf of villagers were legitimate.

Whether the amendment of the suits to include a declaration of title was barred by limitation.

Held:

The court held that the plaintiffs' title to the land was not solely based on mutation entries. Evidence including specific survey numbers and exhibits established their ownership. The mutation entries were discredited due to doubts raised by a revenue authority's order, which was upheld in appeal proceedings.

The court ruled in favor of the plaintiffs regarding the plea of limitation, stating that the amendment of the plaints related back to the date of filing of the suit and had been allowed without challenge from the defendants.

The appeals were dismissed, finding no merit in the appellants' arguments.

Facts:

The case involved a longstanding dispute between the deceased, Channabasappa, and a person named Amoghi. On the day of the incident, Channabasappa and his supporters allegedly assaulted Amoghi, leading to retaliation from Amoghi's side and subsequent violence. The prosecution's case was that the accused, including the appellants, set fire to Channabasappa's house, resulting in the death of ten individuals trapped inside.

Issues:

The guilt of the appellants in the murder and other offenses they were charged with.

Held:

The Division Bench of the High Court reversed the trial court's judgment of acquittal and convicted the appellants along with other accused for various offenses, including murder, under the Indian Penal Code. The Supreme Court, after hearing arguments from both sides, affirmed the High Court's decision.

In particular, the Supreme Court analyzed the evidence presented by eyewitnesses and found it sufficiently strong to justify the conviction of the appellants. Despite the defense's contention that one of the appellants, A-11, was not present at the scene of the crime, the court concluded that the eyewitness accounts were consistent and detailed in implicating A-11 in the offense.

The court dismissed the appeal and directed the appellants to serve their sentences. Additionally, the court acknowledged the assistance provided by Mr. Rajesh Mahale, who appeared as an amicus curiae, and directed the registry to pay him a fee of Rs. 10,000 for his valuable assistance.

Facts:

The case involved an appeal against the judgment and order passed by the Division Bench of the High Court of Bombay.

The appeal stemmed from a Notice of Motion filed by Defendant Nos. 4A, 4B, and 5 in Suit No. 3706 of 1995 seeking enforcement of certain court orders.

The original Defendant Nos. 4A, 4B, and 5 sought withdrawal of the Notice of Motion during the appellate stage.

Issues:

Whether withdrawal of the Notice of Motion at the appellate stage could nullify vested rights created under a court decree.

Whether the appellate court's decision to allow withdrawal without considering the effect on vested rights was justified.

Held:

The Supreme Court held that withdrawal of the Notice of Motion, which led to the setting aside of the order passed by the single judge, cannot be allowed as it would nullify the vested rights created in favor of the Appellant. The Court emphasized that allowing withdrawal at the appellate stage, where rights of parties are crystallized, should be rare and only permitted when strong reasons are presented. In this case, the Appellant's vested rights should not be affected by the withdrawal of the Notice of Motion.

Therefore, the Supreme Court set aside the High Court's order and directed it to decide the appeal afresh on merits in accordance with the law.

Facts:

M/S NRC Limited imported Caprolactum for manufacturing Nylon Tyre Cord in May 1986. Customs authorities demanded additional duty on the CIF price as well as on basic and auxiliary custom duty and landing charges, which the appellant contested.

Issues:

Whether the appellant was eligible for relief under the KVSS in light of the disputed duty payments and legal proceedings.

Held:

The Supreme Court determined that the appellant's case fell within the scope of the KVSS, despite arguments against it. The court concluded that the endorsements on the bills of entries constituted demand notices, making the appellant eligible for the scheme.

Consequently, the Supreme Court allowed the appeal, granting the appellant the benefit of the KVSS. It directed the return of the excess amount deposited by the appellant within two months, without interest.

Facts:

The Appellant and six others claimed possession and cultivation of a piece of land.

An application was submitted to the Tehsildar to enter their names into the Record of Rights.

Mutation Entry No. 4601 was made, recording their names in the "other rights" column.

Disputes arose regarding the validity of the Mutation Entry, leading to legal proceedings.

Issues:

Whether the Mutation Entry was valid, considering the procedures followed and the nature of the Appellant's possession.

Whether the possession claimed by the Appellant and others was lawful.

Held:

The court analyzed the relevant provisions of the Maharashtra Land Revenue Code and emphasized the necessity of lawful possession for an entry in the Record of Rights. It found that the Appellant failed to prove the lawfulness of their possession or establish any legal title to the land.

The court criticized the procedure followed by the Tehsildar, stating that proper scrutiny of the claimant's legal right to possession was not done. Despite the lack of objection from the original owner, the court held that this alone does not validate the possession if it is not lawful.

The Mutation Entry was deemed unjustified as the Appellant and others did not claim any title to the land, and their possession was not proven to be lawful. Consequently, the Mutation Entry No. 4601 was set aside, affirming the decision of the High Court. The appeal was dismissed with no order as to costs.

Facts:

Alexix Sonier, an American citizen, was participating in a 'Peace March' in India when he was struck by a bus owned by the Rajasthan State Road Transport Corporation.

Sonier sustained severe injuries and required extensive medical treatment, including surgeries.

A claim petition was filed seeking compensation for various expenses and damages incurred due to the accident.

Issues:

Whether the accident was a result of negligence on the part of the bus driver or contributory negligence by Sonier.

The validity of the compensation awarded by the Motor Accidents Claims Tribunal.

The applicability of certain claims made in US dollars when the claim petition was presented only in Indian rupees.

Held:

The Supreme Court held that the driver of the bus was negligent and drove the bus rashly, leading to the accident.

The Court upheld the decision to disallow a specific amount claimed for medical expenses in the United States, citing difficulty in verifying reimbursement to the relevant department.

An additional amount of Rs. 10 lakhs was awarded towards the cost of an attendant for Sonier's lifetime, based on previous judgments establishing the necessity of such expenses.

The Court clarified that since Sonier's claim was made only in Indian rupees and not in US dollars, there was no need to apply any exchange rate for conversion.

The overall compensation awarded by the Tribunal, as modified by the High Court and further amended by the Supreme Court, was deemed appropriate and no further enhancement was allowed.

Facts:

The dispute pertains to Plot Nos. 795, 796, and 903 in village Bahauddinpur, District Azamgarh. The appellants claimed rights over the land based on their possession and entries in revenue records. The respondents sought expunction of the appellants' names from the records. The Consolidation Officer initially ruled in favor of the respondents, but the Settlement Officer, Consolidation later allowed the appeal by the appellants. Subsequently, the Deputy Director of Consolidation reversed this decision, leading to the appellants challenging the orders before the High Court.

Issues:

Whether the Deputy Director's decision was based on a re-appreciation of evidence or an examination of the correctness and validity of entries in the records?

Whether the principle of adverse possession applies to the appellants' claim?

Whether the High Court's decision warrants interference?

Held:

The Court held that From the findings recorded by the Deputy Director, Consolidation, it is clear that those Khasra/Khatauni have been excluded in which there were overwritings or some unwarranted entries. If that be the position, then the order passed by the Deputy Director, Consolidation holding that the contesting Respondents acquired the right of Adhiwasi/Seerdars cannot be said to be based on re-appreciation of evidence afresh. It is only a case of examining the correctness and validity of the entries in the Khasra/Khatauni filed by the parties."

Therefore, the Supreme Court concluded that the High Court's decision did not warrant interference. The appeal was dismissed, and each party was ordered to bear their own costs.

Facts:

R.K. Zalpuri, a government employee, was dismissed from service in 1999 on charges of embezzlement and misconduct.

Zalpuri filed a writ petition challenging his dismissal in 2006, alleging procedural irregularities in the dismissal process.

The State Government argued for dismissal of the petition due to significant delay and laches in filing it.

The Single Judge of the High Court ruled in favor of Zalpuri, finding procedural flaws in the dismissal process.

The State Government appealed this decision through a Letters Patent Appeal.

Issues:

Whether the delay and laches in filing the writ petition warrant dismissal of the petition.

Whether the High Court erred in not addressing the delay and laches issue raised by the State Government.

Held:

The Court emphasized the significance of considering delay and laches in judicial proceedings, especially in matters involving public interest.

The Court found that the delay in filing the writ petition by Zalpuri was unjustified and had rendered the claim stale.

Considering the doctrine of delay and laches, the Court held that Zalpuri's claim did not justify adjudication due to the significant delay in challenging his dismissal.

The Court allowed the State Government's appeal, setting aside the High Court's judgment and orders.